1.Supreme Court held that dispute between landlord & tenant under Transfer of Property Act is arbitrable except when it is covered by rent control laws.
On 14.12.2020, Monday, Hon’ble Supreme Court of India in its landmark judgement overruled its 2017 judgement in Himagni Enterprise case to hold that any dispute which is related to tenant and landlord under Transfer of Property Act are arbitrable except when they are covered by specific forum created by land control laws. Justice Sanjay Khanna and Justice Murari based the decision on the fact that landlord-tenant disputes are not right in rem but pertain to subordinate right in personem. Any award passed in such disputes shall be executed as a decree of a civil court.
2.Supreme Court asks the Attorney General whether the jurisdiction of National Green Tribunal can be extended to the Wildlife Protection Act
While hearing a petition concerning the death of a female Great Indian Bustard after crashing into a high-tension wire in Rajasthan and protection of the endangered species, Supreme Court’s Hon’ble Chief Justice S.A Bobde asks Attorney General whether NGT’s jurisdiction can be extended to Wildlife Protection Act. Hon’ble Court added that there is no point of duplication if NGT can interfere in this matter.
3.Supreme Court Collegium recommends the appointment of Chief Justices of Orissa and Telangana High Courts.
The collegium recommends the appointment of Justice S. Muralidhar, present judge of Punjab & Haryana High Court to be the chief Justice of Orissa High Court. Delhi High Court Judge Hima Kohli is recommended to be appointed as Chief Justice of Telangana High Court.
4.Supreme Court observed that selective leaks to media during an investigation of a case may affect rights of accused as well as victims
Supreme Court bench while cancelling the anticipatory bail of in-laws of a deceased woman in a dowry death case observed that selective leaks to media during an investigation can affect rights of accused and victims. The case was further transferred to CBI for investigation.
5.Supreme Court issues notice to Kunal Kamra based on petitions filed against him for his tweets
Several petitions seeking criminal contempt action were filed against comedian Kunal Kamra for his tweets on Supreme Court and its judges. He is alleged of scandalizing the Supreme Court Judges through his tweets. Attorney General of India has consented to initiate contempt proceeding against Kamra. Therefore, on 18th December, Friday, the Supreme Court issued a notice to Kunal Kamra.
6.Supreme Court issues notice to Rachita Taneja based on petitions filed against her for her caricatures published in social media
Supreme Court on Friday issued notice to comic illustrator Rachita Taneja for her caricatures published in ‘Sanitary Panels’. She is alleged of scandalizing and maligning Supreme Court after Arnab Goswami was granted bail.
7.Supreme Court observed that the Fundamental Right to Health includes affordable treatment.
Supreme Court took suo moto cognizance over the Rajkot covid speciality hospital fire accident case. While looking into the case, the Court ordered for more and more provisions to be made by the State Government and local administration. Hon’ble Court further suggested for a cap on fees charged by private hospitals. Court added that it is the duty of State Governments to make treatments affordable to the public at a large.
8.Allahabad High Court’s direction to UP State Government to provide Increment to cooks as per Minimum Wages Act.
It was observed by the Allahabad High Court while hearing a writ petition that cooks appointed in the entire state of Uttar Pradesh are paid such paltry amount that they can be regarded as forced labour. Directions were therefore passed to the State Government of Uttar Pradesh to take a hike in their payment as per the Minimum Wages Act.
9.Mumbai High Court orders probe on a criminal defamation case filed by Javed Akhtar against Kangana Ranaut
Mumbai High Court has directed Mumbai Police to investigate the criminal defamation complaint filed by lyricist and poet Javed Akhtar against Kangana Ranaut for dragging his name in the mysterious death of Sushant Singh Rajput. The complaint is filed before the metropolitan magistrate under sections 499, 500 of Indian Penal Code and Section 200 of Criminal Procedure Code. According to the complaint, Actress Kangana has defamed Javed Akhtar in an interview in Republic TV where she said that Hindi film industry is run by a mafia and Javed Akhtar is a part of this alleged mafia.
10.Orissa High Court’s observation on Right to progeny and termination as a Fundamental Right under Article 21
Orissa High Court permitted a 21 weeks pregnant rape victim to terminate her pregnancy although the existing Medical Termination of Pregnancy Act allows termination till 20 weeks. Court held that Progeny and Termination are one’s fundamental rights under Article 21 of the Indian Constitution. Court referred to the Medical Termination of Pregnancy Bill, 2020, still pending in Rajya Sabha, which allows medical termination of pregnancy till 24 weeks.
