Supreme Court Weekly Round Up - Judgments [July 18-23, 2022]

Supreme Court Weekly Round Up - Judgments [July 18-23, 2022]
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By -  Aishwarya Iyer |
25 July 2022 5:38 PM IST
  1. [Transfer Proceedings] The Supreme Court has held that in matrimonial matters, wherever courts are called upon to consider the plea of transfer of proceedings, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and
    the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life.
    Bench: Justice S Abdul Nazeer and JK Maheshwari.
    Case Title: N.C.V. AISHWARYA vs. A.S. SARAVANA KARTHIK SHA
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  2. [Disability pension] The Supreme Court recently clarified that any opinion of the Release Medical Board with regard to the ailment of a soldier does not entitle him to disability pension, when the ailment did not lead to his discharge and his discharge was in fact due to administrative reasons. Court noted that the soldier did not challenge his discharge under Rule 13(3) III(v) of the Army Rules, 1954 as an undesirable soldier, however, made an application claiming disability pension, which was rightly disallowed by the Tribunal.
    Bench: Justices Indira Banerjee and V Ramasubramaniam
    Case Title: UNION OF INDIA & ORS. vs. EX. SEP. R. MUNUSAMY
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  3. [Right Of Eraser] The Supreme Court has called upon its Registry to examine the plea and to work out how the names of both the petitioner and respondent along with address details can be masked so that they do not appear visible for any search engine. Court was informed by the petitioner that the display of her name in the public domain with respect to offences committed on the modesty of woman and Sexually Transmitted Disease(STD) has caused immense loss by way of social stigma and infringement of her personal privacy.
    Bench: Justices SK Kaul and MM Sundresh
    Case Title: XXXX vs. KANCHERLA DURGA PRASAD & ORS.
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  4. [NDPS Act] Supreme Court has held that length of the period of an accused's custody or the fact that the chargesheet has been filed and the trial has commenced are by themselves not considerations that can be treated as persuasive grounds for granting relief to an accused under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). Court added that not only the limitations imposed under Section 439 of the Code of Criminal Procedure, 1973 are to be kept in mind, the restrictions placed under clause (b) of sub-section (1) of Section 37 are also to be factored in by a court granting bail.
    Bench: CJI NV Ramana with Justices Murari and Kohli
    Case Title: NCB vs. Mohit Aggarwal
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  5. [Disability pension] Top Court has clarified that unless the disability of an army man is attributable to or aggravated by military service and is more than 20%, the entitlement to disability pension does not arise. Thus, while setting aside the order passed by the AFT Chandigarh bench, court held,
    "In the present case, as noted earlier, two days after the respondent reached the leave station, he met with an accident on a public road. There is absolutely no nexus between the Military service and injuries sustained by the respondent. There is not even a causal connection. The Tribunal has completely overlooked this aspect which goes to the root of the matter."
    Bench: Justice Abhay S Oka and Justice MM Sundresh
    Case Title: UNION OF INDIA & ORS. vs. EX. NAIK RAM SINGH
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  6. [Precedents] Top Court has held that its subsequent decision, in which the earlier decisions were considered and distinguished by it, would be binding upon the High Court and not the earlier decisions, which were distinguished. "Not following the binding precedents of this Court by the High Court is contrary to Article 141 of the Constitution of India...",
    further remarked a division bench.
    ​​​​​​​Bench: Justice MR Shah and Justice BV Nagarathna
    Case Title: Gregory Patrao and Ors. vs. Mangalore Refinery and Petrochemicals Limited & Ors.
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