1. Do Private Properties Come Under 'Material Resources Of Community' To Be Distributed For Common Good? Supreme Court Starts Hearing On Article 39(b)
On April 23rd, the Supreme Court commenced the hearing of the 9-judge constitution bench, exploring whether "material resources of the community" include privately owned resources. This debate stems from a 1986 amendment to the Maharashtra Housing and Area Development Act (MHADA), which requires payment for property acquisition. The core issue is whether private resources fall under Article 39(b)'s directive for equitable resource sharing for the common good. Initially heard by a three-judge bench, it was referred to larger benches in 1996 and 2001 for interpretation.
2. Medical Negligence | 'Egg Shell Skull' Rule Can Be Applied Only When Patient Had Pre-Existing Conditions: Supreme Court
The case involves a claim for compensation due to post-surgery complications, where the patient experienced ongoing pain. The compensation amount was initially reduced based on the Eggshell Skull Rule, which holds the injurer liable for unforeseen damages exceeding normal expectations. However, the Supreme Court rectified this error on Tuesday (April 23) by increasing the compensation from Rs. 2 Lakhs to Rs. 5 Lakhs. This decision was made after acknowledging the patient's persistent suffering, attributing it to the doctor's deficient service.
3. Democracy Can't Be Looted By Muscle Power, Country Run On Public Mandate: Calcutta HC Sets Aside 2023 Gram Panchayat Election Result Over Ballot Snatching
The 2023 Panchayat elections faced allegations of violence and ballot snatching during counting. The SEC confirmed these incidents but didn't cancel the election certificate due to a narrow margin. However, the Calcutta High Court recently overturned the election result for Sankrail, West Bengal, citing violence and ballot snatching. Justice Amrita Sinha cancelled the winner's certificate, declared the seat vacant, and called for fresh elections under the Election Commission's oversight.
4. POCSO Act Led To Increase In Vindictive Litigation”: Orissa High Court Quashes Cases Based On Mutual Settlement, Marriage
The Court was dealing with a set of petitions under Section 482 of the CrPC to quash FIRs and criminal proceedings under the POCSO Act related to consensual sexual activities involving adolescents. The parties had settled and wanted to end the litigation. Justice Mishra questioned whether the High Court can quash such serious cases as rape based on mutual settlements. Victims were under 18 in relationships. Some offences can be compounded under Section 320; others need court permission. The Orissa High Court worried about POCSO Act misuse, especially in mutual adolescent relationships. Justice Mishra allowed petitions to quash POCSO cases, focusing on non-consensual acts rather than consensual relationships to prevent wrongful prosecutions.
5. Should the Legislature Specifically Delete Provisions that are Struck Down By Courts? Supreme Court Discusses
The Supreme Court's 9-judge Constitution bench recently discussed whether Parliament should amend laws to remove provisions that have been declared unconstitutional. This came up due to confusion caused by struck-down laws still being listed in statutes with footnotes. The Court highlighted the need for clarity, citing Article 31C as an example. Justice Bindal raised the question of Parliament's duty to clarify laws post-strike-down to avoid confusion among the public trying to understand legal texts.
6. Supreme Court Refuses To Interfere With Requirement Of 3 Years Law Practice Or 70% Marks In LL.B For MP Civil Judge Post
In 2023, an amendment to Rule 7 of the Madhya Pradesh Judicial Service (Recruitment and Conditions of Service) Rules, 1994 introduced new eligibility criteria for Civil Judge, Junior Division (Entry Level). Candidates needed three years of continuous practice as an advocate or a law graduate with 70% marks. The petitioner challenged this amendment, citing Article 14 (Right to equality), but the High Court upheld it, emphasising excellence over mediocrity and offering dual options for candidates. The Supreme Court recently declined to interfere with this ruling, affirming the eligibility criteria set by the Madhya Pradesh High Court for entry-level judicial service candidates in the state.
7. Acceptance Of Resignation Results In Termination Of Employment, rasimba Justice Aravind Kumar Non-Communication Of Acceptance To Employee Immaterial: Supreme Court
In a case concerning the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, a teacher's termination after submitting a resignation letter was challenged. The teacher claimed to have withdrawn the resignation shortly after sending it, arguing that the termination was improper as there was no formal acceptance of the resignation. Despite no formal communication, the court deemed the resignation accepted when approved by the school committee. With no specific guidelines in the MEPS Act, they relied on principles from the North Zone case, affirming the termination upon committee acceptance. Justice Aravind Kumar's judgment followed the North Zone Cultural Centre case.
8.EVMs Can't Be Tampered With, Return To Ballot Paper Will Undo Electoral Reforms: Supreme Court
The Supreme Court dismissed petitions for 100% EVM-VVPAT cross-verification, citing unfounded tampering suspicions. Justices Khanna and Datta noted reverting to ballots would reverse electoral reforms. They emphasised improving EVMs and questioned the motives behind the petitions, aiming to discredit the voting system.
9. Suspension Of Sentence Exception In Serious Offences, S.389 CrPC Not To Be Invoked Merely Because Convict Was In Jail For Long: Supreme Court
The Supreme Court stressed that factors like the offence's seriousness and the desirability of bail must be considered when deciding an accused's plea to suspend a sentence under Section 389 of the Cr.P.C., not just appeal delays and time served. This was highlighted in a case involving an acid attack, where the High Court's decision to grant bail based solely on appeal delays was overturned. Justice CT Ravikumar's judgment emphasised the need for a holistic evaluation before suspending sentences.
10. The Issue Of Limitation Is Also Part And Parcel Of The Arbitrable Point: Karnataka High Court
In a construction agreement with an arbitration clause, billing disputes arose due to project delays. Despite a legal notice, they couldn't agree on an arbitrator, so the petitioner sought court intervention under Section 11(6) of the A&C Act. The Karnataka High Court (Kalaburagi Bench), led by Justice C.M. Joshi, noted that the respondents didn't dispute the arbitration agreement's existence but argued that claims were time-barred. The court ruled that the limitation issue falls under arbitrable matters and can be decided by the arbitrator.
