Even with virtual functioning, the Supreme Court delivered several important judgments and settled several prominent questions of law. Supreme Court. [100% Reservation Unreasonable] Questions Referred And Answers Given By Constitution Bench, Affluent & Advanced Within SC/ST Not Permitting Reservation Benefits Trickle Down To Needy : SC Calls For List Revision. Here is a list of 65 important judgments of 2020, including the verdicts which have come under severe criticism. Mar 26, 2019. Basheer & Ors. While stating that the steps so far taken by the Mumbai Police cannot be faulted, the Court said that investigation must be handed over to an "independent agency not controlled by either of the two-state governments" considering the apprehension of unfair investigation raised. Merely Because The Investigation Officer And Complainant Are The Same The Trial In NDPS Cases Will Not Be Vitiated And Accused Cannot Be Acquitted On That Ground : SC Constitution Bench. The Supreme Court passed an order detailing reasons for reference of questions of law, to a larger bench in a review petition. In a writ petition seeking quashing of FIRs filed by Republic TV Editor-in-Chief Arnab Goswami, the Supreme Court observed that to allow a journalist to be subjected to multiple complaints and to the pursuit of remedies traversing multiple states and jurisdictions when faced with successive FIRs and complaints bearing the same foundation, has a stifling effect on the exercise of his freedom. Section 101 of the Patent Act states that any new or useful process is eligible for patenting, but the Supreme Court has carved out “implicit exceptions,” including laws of nature. 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A bench headed by Chief Justice S A Bobde observed that the prisoners convicted of or charged with offences having jail term of up to seven years can be given parole to decongest jails. Notification [Read Judgment], Gujarat Mazdoor Sabha and another v State of Gujarat, t held that the protests must be carried out, Mohan Lal v. State of Punjab (2018) 17 SCC 627, Tamil Nadu Medical Officers Association v Union of India, M. Ravindran vs. free testing will be available to persons eligible under Ayushman Bharat Pradhan Mantri Jan Aarogya Yojana as already implemented by the Government of India, and any other category of economically weaker sections of the society as notified by the Government for free testing for COVID-19. Other reports about the judgment : Notion That Women Are 'Weaker Sex' Constitutionally Flawed: SC Calls For Change In Mindset. A Constitution bench comprising Justices Arun Mishra, Indira Banerjee, Vineet Saran, M.R. The only requirement for getting the default bail/statutory bail under Section 167(2), Cr.P.C. A division bench comprising Justices UU Lalit and Vineet Saran said that entitlement of the Complainants must be considered in the light of the terms of the Builder Buyer Agreements. "Article 233(2) nowhere provides eligibility of in-­service candidates for consideration as a District Judge concerning a post requiring 7 years' practice as an advocate or a pleader. Eviction order under Senior Citizens Act cannot defeat rights under Domestic Violence Act. The judgment delivered by a bench comprising Justices A M Khanwilkar and Sanjay Khanna discusses the distinctions between 'hate speech' and 'free speech', the need to criminalize 'hate speech' and the tests to identify it. They are statutory rules that have been made by the judges under the Supreme Court Act 1986. Case : Indian Social Action Forum v Union of India, 35. SC Directs Political Parties To Publish Criminal Antecedents Of Candidates In LS & Assembly Polls : Rambabu Singh Thakur vs Sunil Arora and others. ), Also Read: [100% Reservation Unreasonable] Questions Referred And Answers Given By Constitution Bench, Also Read: Affluent & Advanced Within SC/ST Not Permitting Reservation Benefits Trickle Down To Needy : SC Calls For List Revision, 20. The death of the last ruler will not result in escheat of the rights in favour of the government, the Court held. 'Patent Illegality' A Ground Available To Set Aside Domestic Arbitral Awards Made After 2015 Amendment : SC. Another report about the judgment : Supreme Court's Six Mandatory Directions To Political Parties To End Criminalisation Of Politics[Read Judgment], 9. n. 1) the highest court in the United States which has the ultimate power to decide constitutional questions and other appeals based on the jurisdiction granted by the Constitution, including cases based on Federal statutes, between citizens of different states, and when the Federal government is a party. ), Also Read: Governor's Power Not Intended To Displace Democratically Elected Government; Must Be Circumspect In Demanding Trust Vote : SC, Also Read: Law Has To Evolve To Address Poaching Of Legislators : SC, 18. With the objective of reducing physical filings in courts and tribunals across the countries during the COVID-19 pandemic, the Supreme Court on Monday passed a general order extending the limitation, whether condonable or not, with effect from March 15, until further orders. 32.Padmanabha Swamy Temple : SC Delegates Powers Of "Ruler Of Travancore" To Administrative Committee As Suggested By Ex-Royal Family. Supreme Court (General Civil Procedure) Rules 2015. About the law library. Mar 26, 2019. A bench comprising Justices R F Nariman and S Ravindra Bhat passed the order. [Case : Rhea Chakraborty v Union of India and others], 38. The Kansas Supreme Court Law Library is located on the first floor of the Kansas Judicial Center. See the list of all matters scheduled to be heard each day. [Case: Foundation for Media Professionals v. Union of India], Also Read: Better Internet Desirable During Pandemic Lockdown; But Can't Ignore Terrorism Concerns : SC In J&K Pleas For 4G, 27. The most criticized judgment of the Supreme Court in 2020 was its verdict holding Advocate Prashant Bhushan guilty of contempt of court for his tweets criticising judiciary. Ltd. #Prashant Bhushan Contempt of Court Judgment. The case (Internet and Mobile Association of India vs Reserve Bank of India) was heard by a three judge bench comprising Justices R F Nariman, Aniruddha Bose and V Ramasubramanian. The Supreme Court has held that a complaint before Consumer Fora by allottees against builders is not barred by the Real Estate (Regulation and Development) Act, 2016. The Supreme Court harmonized the conflicts between the directions issued by the UGC regarding conduct of final semester exams and the directions issued by the State Disaster Management Authorities in different states to cancel exams in view of the pandemic situation. The right of a woman to secure a residence order in respect of a shared household cannot be defeated by the simple expedient of securing an order of eviction by adopting the summary procedure under the Senior Citizens Act, the bench comprising Justices DY Chandrachud, Indu Malhotra and Indira Banerjee observed in the case S Vanitha vs. Deputy Commissioner, Bengaluru Urban District. The Court therefore affirmed its order passed on May 19 to hold floor test in the MP assembly for proving the majority of the previous government led by Kamal Nath. Legislation Acts relating to Court structure. A bench of Justices Deepak Gupta and Aniruddha Bose made these observations while holding Vijay Kurle (State President, Maharashtra & Goa, Indian Bar Association), Rashid Khan Pathan (National Secretary, Human Rights Security Council) & Nilesh Ojha (National President, Indian Bar Association) guilty of contempt. A bench of Justices DY Chandrachud, KM Joseph & Indu Malhotra has held that the pandemic situation cannot be a reason to do away with statutory provisions that provide dignity and rights for workers by the Gujarat Government. The Judiciary Act of 1789 created a six-member court. Speaker Should Decide On Disqualification Within 3 Months; Impartial Tribunal Needed Under 10th Schedule [Keisham Meghachandra Singh v. The Hon'ble Speaker Manipur Legislative Assembly & Ors.]. Supreme Court Transfers Sushant Singh Rajput Death Case To CBI. Denial of legitimate expectation can be a circumstance leading to arbitrariness and violation of Article 14 of the Constitution, the judgment held. The judgment remained as a restatement of principle without tangible relief to the petitioners. [Case :M. Ravindran vs. 2. 3. The Court said : "We declare that the freedom of speech and expression and the freedom to practice any profession or carry on any trade, business or occupation over the medium of internet enjoys constitutional protection under Article 19(1)(a) and Article 19(1)(g)". Freedoms Of Speech & Expression, Trade & Commerce Through Medium Of Internet Are Constitutionally Protected : SC In Kashmir Case [Read Judgment], Section 144 CrPC Cannot Be Used As A Tool To Prevent Legitimate Expression Of Opinion: SC [Read Judgment]. In a significant judgment, the Supreme Court lifted the curbs imposed by the Reserve Bank of India on regulated entities such as banks and NBFCs from dealing with virtual currencies and from providing services to crypto businesses. Chandana Das (Malakar) v. State of West Bengal, held that Speaker of the Legislative Assembly, h restrained Manipur BJP minister Thounaojam Shyamkumar from entering the Legislative Assembly, Supreme Court's Six Mandatory Directions To Political Parties To End Criminalisation Of Politics[Read Judgment]. In a significant judgment on gender equality, the Supreme Court on February 17 directed that Permanent Commission should be granted to women in the army regardless of their service, in all the ten streams where the Union Government has already taken a decision to grant Short Service Commission to women. The Court clarified that all methods are to be employed to prove a valid service on a party. 57. Shah and Aniruddha Bose held that 100 per cent reservation of teachers belonging to the Scheduled Tribe category at schools situated in "Scheduled Ares" is constitutionally invalid. Similar directions were issued by another bench to reduce the congestion in child care institutions and juvenile homes. In the last week of May, the Court took suo moto cognizance of the migrant workers issue. A bench comprising Justices R. Banumathi, Indu Malhotra and Aniruddha Bose observed that ground of patent illegality is a ground available under the statute for setting aside a domestic award made after the 2015 amendment to the Arbitration and Conciliation Act. Land Acquisition Judgment : Puzzling Questions Left By A Strained Interpretation, 11.Nirbhaya Case : SC Dismisses Final Plea Of Convicts To Stay Execution After Past Midnight Hearing. Install CCTVs In All Police Stations; Victims Of Human Rights Violations By Police/NIA/CBI/ED Have The Right For CCTV Footage Of Interrogation:Supreme Court. & Ors. [Case: Arnab Ranjan Goswami v. Union of India & Ors. In the COVID-19 infected year of 2020, the Supreme Court went through unprecedented experiences, with video conferencing and e-filing substituting physical hearings and filings. The purpose of this website is to provide visitors with information about the Supreme and Parish Courts and to provide an interface for accessing information on the procedures and daily activities at the Supreme Court. [Case : Praneeth K and others v University Grants Commission], State Govt/SDMA Can Override UGC Deadline For Exam Based On Local Pandemic Situation: SC, 42 :"Covid 19 Is Not A Public Emergency As Per Factories Act": SC Quashes Gujarat Govts' Notification Extending Work Hours Under Factories Act Without Overtime Pay. Taking note of "alarming" rise of criminalization of politics, the Supreme Court directed that all political parties to publish the details of criminal antecedents of their candidates in the Lok Sabha and Assembly polls within 48 hours of selection of the candidate or within two weeks of nomination, whichever is earlier. A division bench comprising Justices Deepak Gupta and Aniruddha Bose observed in the suo moto case In re Exploitation of Children in Orphanages in State of Tamil Nadu as follows : "We make it clear that the Juvenile Justice Boards are not meant to be silent spectators and pass orders only when a matter comes before them. Court Sessions for Visiting Judges in Rodrigues for Year 2021; Terms of the Supreme Court for the year 2021; Terms of the Supreme Court for Rodrigues-2020; Terms of the Supreme Court for the year 2020 Anticipatory Bail Cannot Be Limited To A Fixed Period Except In Special And Peculiar Circumstances : Sushila Aggarwal & Ors. The Supreme Court of the United States is the highest court in the federal judiciary of the United States.The procedures of the Supreme Court of the United States are governed by the U.S. Constitution, various federal statutes, and the Court's own internal rules.Since 1869, the Court has consisted of one chief justice and eight associate justices. The following Acts relate to the establishment and structure of the Court: Constitution Act 1975; Supreme Court Act 1986; Acts relating to practice and procedure These Acts provide information about practice and procedure in the Court: Criminal Procedure Act 2009; Civil Procedure Act 2010; Juries Act 2000; Evidence Act 2008; Evidence (Miscellaneous Provisions) … The Supreme Court of Victoria safeguards and maintains the rule of law to ensure equal justice for all The Supreme Court of Victoria safeguards and maintains the rule of law to ensure equal justice for all. is that the accused is in jail for more than 60 or 90 days, as the case may be, and within 60 or 90 days, as the case may be, the investigation is not completed and no chargesheet is filed by 60th or 90th day and the accused applies for default bail and is prepared to furnish bail, the Court observed. In this regard, the bench comprising Justices Arun Mishra, Indira Banerjee, Vineet Saran, M R Shah and Ravindra Bhat in the case Sushila Aggarwal and others v State of NCT of Delhi and others largely reaffirmed the principles laid down in the case Shri Gurbaksh Singh Sibbia and others v. State of Punjab (1980) 2 SCC 565. The Supreme Court has upheld the constitutionality of West Bengal Madrasah Service Commission Act 2008 observing that there is no absolute and unqualified right of appointment for minority educational institutions. The Bench also quashed the Government order issued under the hand of Governor of State of Andhra Pradesh which had affirmed absolute reservation for ST teachers and imposed costs on both Andhra Pradesh & Telangana Government's, seeking reasons from the Government's for breaching the 50% ceiling in reservations. A bench of Justices NV Ramana, R. Subhash Reddy & B.R. The judgment delivered by a three judge bench in the case Vidya Drolia and others v Durga Trading Enterprises also decides several issues such as tests for arbitrability, who determines arbitrability, scope of enquiry under Sections 8/11, meaning of 'existence of arbitration agreement' etc. No Exception Can Be Taken To Constitution Of PM CARES Fund; But Still Open For Anyone To Contribute To NDRF : SC, No Occasion For CAG Audit Of PM CARES Fund As It Is A Public Charitable Trust: SC, 40. "Merely because the informant and the investigating officer is the same, it cannot be said that the investigation is biased and the trial is vitiated", the bench observed while specifically overruling Mohan Lal v. State of Punjab (2018) 17 SCC 627. Pursuant to section 51C of the Judicature Act 1908, Her Excellency the Administrator of the Government, acting on the advice and with the consent of the Executive Council, and with the concurrence of the Right Honourable the Chief Justice and at least 2 other members of the Rules Committee (of whom at least 1 was a Judge of the High Court), makes the following rules. The Supreme Court has held that the Maintenance and Welfare of Parents and Senior Citizens Act has no overriding effect over the right of residence of a woman in a shared household within the meaning of the Protection of Women from Domestic Violence Act. The Court held that land owners cannot insist that the amount should be deposited in Court so as to sustain the land acquisition proceedings under the old Act on the commencement of the new land acquisition law with effect from January 1, 2014. September 29, 2020 [Date Uploaded 11/20/2020] The court therefore refused Goswami's prayer to quash the FIR. However, the judgment did not address the points raised in Bhushan's affidavit or the arguments made by his lawyer Senior Advocate Dushyant Dave in court. Supreme Court Convicts Advocate Prashant Bhushan For Contempt Of Court For His Tweets Criticizing Judiciary. They can take note of the factual situation if it comes to the knowledge of the JJBs that a child has been detained in prison or police lock up. "In a polity committed to pluralism, hate speech cannot conceivably contribute in any legitimate way to democracy and, in fact,repudiates the right to equality", the judgment authored by Justice Khanna observed. In this context, the bench has stated that the pandemic is not a "public emergency" within the meaning of Section 5 of the Factories Act threatening security of the country. A single bench of Justice Hrishikesh Roy ordered the transfer without finding any wrong doing by the Mumbai police. v. Union of India & Anr. The court said that the judgment in Anvar P.V. v. P.K. On that occasion, the bench had stated that it will give reasons for the conclusion later. The Supreme Court upheld the land acquisition notifications for the proposed Chennai -Salem eight lane national highway by holding that prior enviornemntal clearance is not needed at the stage of notification under Section 3A of the National Highways Act. In a significant judgment, the Supreme Court has held that civil judges are not eligible to seek direct recruitment to post of District Judges in bar quota. Explainer: Why Supreme Court Held That Officers Designated U/s 53 NDPS Act Are 'Police Officers' ? 6. A Bench comprising Justices Ashok Bhushan, R. Subhash Reddy and MR Shah held that while granting default bail/ statutory bail under Section 167(2) of CrPC, condition of deposit of amount cannot be imposed. The following regulations outline the fees payable in Supreme Court proceedings: For more information on Court fees see our full list of current fees. The Supreme Court held that its suo motu order extending limitation and the lockdown restrictions of the government will not affect the right of an accused to seek default bail under Section 167(2) of the CrPC. Factories Act Notification Increasing Working Hours Indicative Of Intention To Capitalize On The Pandemic To Force Workers Into Servitude : SC, [Case : Gujarat Mazdoor Sabha and another v State of Gujarat], 43. This Act created a Supreme Court with six justices. The Supreme Court. A Child In Conflict With Law Cannot Be Kept In Jail Or Police Lockup Under Any Circumstance: SC. The Court acknowledges Aboriginal and Torres Strait Islander people as the Traditional Custodians of the land and acknowledges and pays respect to their Elders, past and present. Experts expect the … The Supreme Court has quashed the notification issued by the Gujarat Labour and Employment Department granting exemptions to all factories in Gujarat from provisions of the Factories Act, 1948 relating to daily working hours, weekly working hours, intervals for rest and spread overs of adult workers as well as from payment of overtime wages at double rates viz. The Court held that States may seek extension of the September 30 deadline for exams based on the SDMA directions. The arrangement of the judgments in the list is mostly in the order of chronology and the same is not indicative of their relative importance. Supreme Court Quashes RBI Ban On Banking Services To Cryptocurrency Dealers. The bench upheld the judgment of another single bench (of Justice G R Swaminathan) in the case Settu vs The State, which had held that SC order extending limitation did not affect right to default bail. , rules and regulations govern how the Supreme Court of Victoria operates. Conflict between a Supreme Court hostile to progressive legislation and a Congress eager for reform appears very likely next year. We are the final court of appeal in the UK for civil cases, and for criminal cases from England, Wales and Northern Ireland. 'Ex Post Facto' Environmental Clearance Unsustainable In Law. The case concerned the validity of West Bengal Madrasah Service Commission Act 2008, which constituted a commission to appoint teachers in madrasas. On January 10, a three judge bench comprising Justices N V Ramana, Surya Kant and B R Gavai delivered the judgment on a batch of petitions which challenged the legality of the curfew orders and internet shutdown imposed in Jammu and Kashmir in the wake of the abrogation of the special status of the state in August 2019. [Case: S. Kasi v. State Thr. This was held by a bench comprising Justices DY Chandrachud and Ajay Rastogi in the case The Secretary, Ministry of Defence v Babita Puniya and others. [Effect Of Investigation By Complainant in NDPS Act] Read The Constitution Bench's Reasons For Overruling Mohanlal Judgment, 47.Is Sub-Classification Permissible Within SC-ST Reservation? The Supreme Court dismissed a petition filed by Centre for Public Interest Litigation which sought transfer of the funds from PM CARES to National Disaster Rel Fund. Arjun P. Khotkar v. Kailash K. Gorantyal & Ors. Prior Environmental Clearance for Land Acquisition for National Highway - Supreme Court explains. The 6-3 opinion was written by Justice Neil Gorsuch, President Donald Trump's first … 61.Candidates Belonging To Reserved Categories Eligible For General Category Vacancies Based On Merit: Supreme Court. The Supreme Court batted for negotiations between establishments and workers on the full payment of wages, regardless of the direction issued by the Ministry of Home Affairs on March 29. (Case: Christian Medical College Vellore Association v. Union of India & Ors. Validity of SC/ST Amendment Act 2018 upheld - Prathvi Raj Chouhan vs Union of India, Also in this judgment : Section 438 (Anticipatory Bail) Has No Application To Cases Under SC/ST Act Except When There Is No Prima Facie Case Is Made Out, 'Fraternity Assures True Equality; Articles 15, 17 & 24 Seek To Achieve This Ideal' : Justice Ravindra Bhat In SC/ST Verdict, 7. The Court also added that the Government should publish all orders of restrictions, and should follow the principles of proportionality to adopt less restrictive measures. The Court also ordered that no such vehicle, sold after March 31, should be registered. The bench comprising Justices N V Ramana, Sanjiv Khanna and Krishna Murari overruled the view in Himangni Enterprises vs Kamaljeet Singh Ahluwalia. It has now given out the following reasons: [Case: Kantararu Rajeevaru v. Indian Young Lawyers Association], 26.Supreme Court Refuses To Pass Orders For 4G Restoration In J&K; Asks Special Committee To Examine Issues Raised By Petitioners. Case: Shashank Deo Sudhi v. Union of India & Ors Performing Most Functions Real. Ficus Pax Private Ltd v Union of India & Ors Till Eternity of Bagh... Scheduled to be problematic Sunil Arora and others give a higher Right favour. ; Says 'EV Chinnaiah ' Decision needs Reconsideration vs Sunil Arora and.... ) of the last Ruler will not affect any admissions already made by Chief Justice SA had! S powers and procedures are also regulated by State legislation Extend Time Beyond 45.... 'Are they Destined to Carry Their Backwardness Till Eternity SC Directs Political Parties to Criminal!: Christian Medical College Vellore Association v. Union of India ], 38 to and! K K Venugopal requested the bench also overruled the 2018 Bhima Koregaon case ( Romila vs... 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