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Supreme Court weekly round up - Judgments [March 28-April 2, 2022]
Aishwarya Iyer
10:45 AM, 04 Apr 2022
Read Time:
14 minutes
Keywords:
Vanniyar reservation, Madras High Court, Article 14, Article 15, Article 21, reservation, classification, class, category, preferential treatment
[Vanniyar Reservation Judgment]
While holding that Vanniyar Reservation Act 2021 is ultra vires under Articles 14, 15, and 21 of the Constitution, the Supreme Court has remarked that in order to differentiate a particular class/category from others, there should be a substantial distinction which clearly demarcates that class/category.
"In the instant case, we see no justification for how the Vanniakula Kshatriyas can be treated as a different class and meted out preferential treatment, being one amongst the 116 communities, who have all been considered on the same footing till the enactment of the 2021 Act and were, therefore, eligible to claim the benefit of undivided 20 per cent reservation"
, noted the bench.
Bench:
Justices L Nageshwar Rao and BR Gavai.
Case Title:
PATTALI MAKKAL KATCHI vs. A. MAYILERUMPERUMAL & ORS
Click
here
to read more
Keywords:
medical services, district hospitals, paucity of doctors, Uttar Pradesh government, adequate remunaration
[Medical service]
While making its suggestion to improve the availability of medical services at the district level in the state of Uttar Pradesh, the Supreme Court observed that medical specialists may be given adequate remuneration to make it worth their while to be willing in the district level postings. A bench
further suggested the State Government to endeavour to retain doctors who may be demitting office on retirement till such time as the vacancies are filled in by providing a requisite incentive for them including age increase.
Bench:
Justices SK Kaul and MM Sundresh
Case Title:
Hazi Mushahid vs. The State Of Uttar Pradesh & Anr.
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here
to read more
Keywords:
Fabricated document, forged document, COVID-19 report, detention, fine
[Fabricated document]
"A person who comes to the Court must come with clean hands and never make even an attempt to pollute the stream of justice by filing a document which he knows to be false or fabricated,"
observed the top court while sentencing one Henry Nikolas Fernandes to detention for one day and asked him to pay a fine of Rs. 2000 after it was revealed that he had submitted a forged Covid-19 positive report while seeking four weeks further to surrender before the local court. The sentence lasted till the rising of the Court on Tuesday and the fine was directed to be submitted with the Registry during the course of the day. Against Fernandes' act, the top court had initiated
suo moto
contempt proceedings against him.
Bench:
Justices UU Lalit, S Ravindra Bhat and PS Narsimha
Case Title:
HENRY NIKOLAS FERNANDES vs. STATE OF MAHARASHTRA & ORS.
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here
to read more
Keywords:
registered society, bye-laws, Local unit, sakha unit, institution of suit
[Societies Registration Act, 1860]
The Supreme Court has recently opined that a local unit or a Sakha unit of a registered society cannot file a suit in its name unless the unit is also registered under the Societies Registration Act, 1860 and its byelaws support the institution of such a suit. A division bench further noted that a society registered under the Societies Registration Act is entitled to sue and be sued, only in terms of its byelaws.
“The bye-laws may authorise the President or Secretary or any other office bearer to institute or defend a suit for and on behalf of the society…”,
added the bench.
Bench:
Justices Hemant Gupta and V Ramasubramaniam
Case Title:
P. Nazeer Etc. Vs. Salafi Trust & Anr. Etc.
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here
to read more
Keywords:
Will, execution of will, Indian Succession Act, natural heirs, Article 14, Right to equality, suspicious circumstances
[Execution of will]
The Supreme Court has held that in the matter of appreciating the genuineness of execution of a will, there is no place for the Court to see whether the distribution made by the testator was fair and equitable to all of his children.
“The Court does not apply Article 14 to dispositions under a Will”,
Court has observed. The division bench passed the order in a case where the daughter was not included in the separate wills of her father and mother. Court held that the exclusion of one of the natural heirs from the bequest, cannot by itself be a ground to hold that there are suspicious circumstances.
Bench:
Justices Hemant Gupta and V Ramasubramaniam
Case Title:
SWARNALATHA & ORS. vs. KALAVATHY & ORS.
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here
to read more
Keywords:
breach of contract, abandonment, Indian Contract Act, work order
[Abandonment]
In case a party refuses to perform his obligations under the work order, for reasons stated by him, this refusal to perform the obligations, can perhaps be termed as breach of contract and not abandonment, held the Supreme Court.
"It is fundamental to the Law of Contract that whenever a material alteration takes place in the terms of the original contract, on account of any act omission or commission on the part of one of the parties to the contract, it is open to the other party other party not to perform the original contract. This will not amount to abandonment.",
observed a two-judge bench.
Bench:
Justices
Hemant Gupta and V Ramasubramaniam
Case Title:
SHRIPATI LAKHU MANE vs. THE MEMBER SECRETARY, MAHARASHTRA WATER SUPPLY AND SEWERAGE BOARD & ORS.
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here
to read more
Keywords:
reasoned order, prejudice to parties, review jurisdiction
[Reasoned order]
The Supreme Court has held that Constitutional Courts will be failing their duties if they refuse reliefs sought, without stipulating adequate reason. While emphasizing the necessity to pass a reasoned order, the bench referred to the case of
Central Board of Trustees vs. Indore Composite Private Limited
, wherein it was observed that an order bereft of reasoning causes prejudice to the parties because it Ideprives them to know the reasons as to why one party has won and other has lost.
Bench:
Justices MR Shah and BV Nagarathna
Case Title:
Vishal Ashwin Patel vs. Assistant Commissioner of Income Tax Circle 25(3) & Ors.
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here
to read more
Keywords:
CESTAT, LIMBS Software, legal services, legal matters, CESTAT President
[LIMBS Software]
After the Supreme Court was informed that the integration of CESTAT with LIMBS Portal is still in progress, it requested the President of the Customs Excise and Service Tax Appellate Tribunal (CESTAT) to personally intervene in the matter and to ensure that all necessary steps are taken in the back office of the CESTAT so that the integration of LIMBS software is completed within a period of one month. LIMBS aka Legal Information Management and Briefing System is an application that provides legal services to its users. It is a dashboard-based system for the user departments on which they can see their legal matters at a glance.
Bench:
Justices DY Chandrachud and Surya Kant
Case Title:
C.C.E. AND S.T., SURAT I vs. BILFINDER NEO STRUCTO CONTSRUCTION LTD.
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here
to read more
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