Supreme Court Weekly Round Up - Judgments [April 11-16, 2022]

Read Time: 15 minutes

  1. Keywords: Meerut fire tragedy, compensation, vicarious liability, Uttar Pradesh Fire Prevention and Fire Safety Act, 2005, event organizers, contractors
    [Meerut Fire Tragedy Case] In a plea filed by kin of the victims of the 2006 Meerut fire tragedy seeking compensation, the Supreme Court on Tuesday directed the Chief Justice of the Allahabad High Court to entrust the work of determination of compensation to a Judicial Officer in the rank of District Judge/Additional District Judge at Meerut within two weeks to work exclusively on the question of determination of the compensation on a day-to-day basis. The High Court has been further directed to provide all necessary infrastructure to enable the Officer to discharge his duties. The nominated Judicial Officer may also permit the parties to lead such evidence as may be permissible.
    Bench: Justices Hemant Gupta and V Ramasubramanian
    Case Title: Sanjay Gupta vs. State of Uttar Pradesh
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  2. Keywords: Right to establish an educational institution, Dental council of India, Dentists Act, 1948, Articles 14 and 19(1) (g), Constitution of India, dental college
    [Educational institutions]  Placing reliance on the Eleven-Judge Constitution Bench judgment in the case of T.M.A. Pai Foundation and others vs. State of Karnataka and others, the Supreme Court has reiterated that, "...the right to establish an educational institution can be regulated. However, such regulatory measures must, in general, be to ensure the maintenance of proper academic standards, atmosphere and infrastructure and the prevention of maladministration."  With this view, the Top Court went on to uphold the validity of the Notification dated May 21, 2012, vide which the Dental Council of India, had substituted Regulation 6(2)(h) of the Dental Council of India (Establishment of New Dental Colleges, Opening of New or Higher Course of Studies or Training and Increase of Admission Capacity in Dental Colleges) Regulations, 2006.
    Bench: Justice Rao and Gavai
    Case Title: DENTAL COUNCIL OF INDIA vs. BIYANI SHIKSHAN SAMITI & ANR.
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  3. Keywords: sentence, disposal of appeal, bail, suspension of execution of sentence, personal liberty
    [Suspension of sentence] The Supreme Court has held that when the term of sentence awarded to an accused is such that, while the appeal is being heard, he may serve out his entire sentence, and disposal of the appeal is likely to take time, the accused may be ordered to be released on bail. "If the appeal remains pending in due course and the appellant by that time serves out the sentence of imprisonment, and then, if there be any possibility of his acquittal or any modification of the conviction/sentence, the injury suffered by him would be practically irreparable...", remarked a division bench.
    Bench: Justice Dinesh Maheshwari and Justice Aniruddha Bose.
    Case Title: Jeetu Khatik vs. State of Chhattisgarh
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  4. Keywords: HIV patient, Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017, expedition disposal, immuno compromised 
    [Bail] Supreme Court granted bail to a person suffering from HIV who appeared to be immuno-compromised.  The medical report stated as follows: “Patient have severe dyspnoea at rest and unable to walk without support. Due to immune compromised he is at risk of having repeated infection unhygienic condition. Patient requires regular treatment and follow up.” Noting that the petitioner was entitled to be given the benefit under Section 34(2) of the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 of expeditious disposal of his appeal, the court also asked the High Court to take appropriate steps to hear and dispose of man’s appeal at its earliest convenience.
    Bench: Justice S Ravindra Bhat and Justice PS Narsimha
    Case Title: XXX vs. STATE OF RAJASTHAN
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  5. Keywords: Post Graduate Course, medical college, admissions, Indian Medicine Central Council Act, 1970 Indian Medicine Central Council (Post-Graduate Ayurveda Education) Regulations
    [PG Admissions] Noting that though deficiencies in the postgraduate medical program were removed and permission was granted to Karnataka Ayurveda Medical College ("Medical College") to admit students for the Post Graduate Course for the academic year 2019-20, the Supreme Court has held that this could not be construed to mean that permission to admit students to the academic year 2018-19 was also granted. Court referred to the provision under the Indian Medicine Central Council Act, 1970 under which the 2016 Regulations were made by the appellant Council.
    Bench: Justices L Nageshwar Rao and BR Gavai
    Case Title: CENTRAL COUNCIL FOR INDIAN MEDICINE vs. KARNATAKA AYURVEDA MEDICAL COLLEGE AND OTHERS
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  6. Keywords: land acquisition, right against deprivation of property, Article 300-A, right to property, Part III of Constitution, acquisition proceedings
    [Land Acquisition] The Supreme Court recently held that while acquiring land, the State, merely on the ground of delay and laches, cannot evade its legal responsibility towards those from whom private property has been expropriated. "It is the cardinal principle of the rule of law, that nobody can be deprived of liberty or property without due process, or authorization of law", the bench observed.  The division bench also held that State has a higher responsibility in demonstrating that it has acted within the confines of legality, and therefore, not tarnished the basic principle of the rule of law.
    Bench: Justices S Ravindra Bhat and PS Narsimha 
    Case Title: SUKH DUTT RATRA & ANR. vs STATE OF HIMACHAL PRADESH & ORS.
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  7. Keywords: disproportionate punishment, lenient view, reduction of sentence
    [Inadequate punishment] Referring to the submissions made by the accused before the High Court that he was facing trial since last 26 years and when the incident took place, he was young, the Top Court remarked that, "Merely because a long period has lapsed by the time the appeal is decided cannot be a ground to award the punishment which is disproportionate and inadequate." Holding that High Court disposed of the appeal by adopting shortcuts, the court remarked, "We have come across a number of judgments of different High Courts and it is found that in many cases the criminal appeals are disposed of in a cursory manner and by adopting truncated methods...."
    Bench: Justices MR Shah and BV Nagarathna.
    Case Title: State of Rajasthan vs. Banwari Lal and another
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  8. Keywords: Kidnapping, abducting, inducing woman, Section 366, Indian Penal Code, illicit intercourse, love affair
    [Section 366 IPC] The Supreme Court has held that Section 366 of the Indian Penal Code would come into play only where there is a forceful compulsion of marriage, by kidnapping or by inducing a woman. A division bench was of the view that such an offence would not be made out once the abductee states that she was in love with the abductor and that she left her home on account of the disturbing circumstances at her parental home as the said relationship was not acceptable to her father and that she married the said abductor on her own free will without any influence being exercised by him.
    Bench: Justice S. Abdul Nazeer and Justice Vikram Nath
    Case Title: MAFAT LAL & ANR vs. THE STATE OF RAJASTHAN
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