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“We have said that the entire state of Jammu & Kashmir has been and will remain a part of India,” External Affairs Ministry Raveesh Kumar said in response to a question at a media briefing.

Mr Kumar said,”Any attempt by Pakistan to change the legal status has no basis whatsoever. We call upon Pakistan to vacate all occupied territories.”

Gilgit-Baltistan is a part of Jammu and Kashmir, but Pakistan illegally occupied it after Partition in 1947.

Islamabad later divided the region into two parts – Pakistan-occupied Kashmir and Gilgit-Baltistan.

According to reports, Pakistan Prime Minister Imran Khan has approved a proposal to alter the region’s status to that of an interim province in principle.

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President promulgates Indian Medical Council (Amendment) Second Ordinance, 2019; Read Gazette

February 21, 2019: On Tuesday, the Union Cabinet approved the promulgation of an Ordinance, namely “the Indian Medical Council (Amendment) Second Ordinance, 2019 to bring in necessary official amendments in the Indian Medical Council (Amendment) Bill, 2018. The proposal will ...

RELIANCE COMMUNICATION LIMITED & ORS. Vs STATE BANK OF INDIA & ORS.

Insolvency and Bankruptcy Code, 2016. Supreme Court holds the Chairpersons of Reliance Communications Ltd., Reliance Telecom Ltd., and Reliance Infratel Ltd. have breached the undertaking given to the Apex Court and the related orders. The Bench orders the R.Com. Chairman and others to purge the contempt by paying ? 453 crore to Ericsson in four weeks. The bench states if the contemnors fail to make the payments within the specified period, they will undergo a jail term of three months. Court also directs Reliance Communication, Reliance Telecommunication and Reliance Infratel to deposit ?1 crore each to the Apex Court’s registry in four weeks or the Chairman of these companies will have to go an additional jail term of one month. Court clarifies that ?118 crore which has already been deposited by Reliance Group in the Apex Court’s registry, be disbursed to Ericsson within a week. Contempt Petitions are disposed off.

RF Nariman, Vineet Saran, JJ

20/2/2019 View judgement PDF

SMT. SUNITA DEVI AND ANR. Vs UNION OF INDIA AND ORS.

Indian Penal Code, 1860, Sections 302, 109 read with Section 34. The petitioners filed this writ petition for constitution of a court-monitored investigation/SIT to re-investigate the aforesaid cases pertaining to FIR Nos. 221 of 2001 and 228 of 2002 registered at Police Station Pilakhwa, Uttar Pradesh. SC by Order dated 8.2.2018 rejected the prayer for re-investigation of the case pertaining to FIR No. 228 of 2002. This Court directed constitution of a SIT for re-investigation of FIR No.221 of 2001. Having heard the learned counsel for the petitioners and having perused the report of the SIT and the objections filed by the petitioners to the said report, we are of the view that the CBI has to look into the report of the SIT and take a decision in the matter. Writ Petition disposed off.

A.K. Sikri, S. Abdul Nazeer, JJ

20/2/2019 View judgement PDF

PR. COMMISSIONER OF INCOME TAX SHIMLA Vs M/S. AARHAM SOFTRONICS

Finance Act, 2003, Finance Act, 1991 SC observes, in case substantial expansion is carried out as defined in clause (ix) of sub-section (8) of Section 80-IC by such an undertaking or enterprise, within the aforesaid period of 10 years, the said previous year in which the substantial expansion is undertaken would become ‘initial assessment year’, and from that assessment year the assessee shall been entitled to 100% deductions of the profits and gains. Such deduction, however, would be for a total period of 10 years, as provided in sub-section (6). In view of the aforesaid, SC affirms the judgment of the High Court on this issue and dismiss all these appeals of the Revenue. Appeals are allowed.

A.K. Sikri, S. Abdul Nazeer, M.R. Shah, JJ

20/2/2019 View judgement PDF

THE STATE OF MADHYA PRADESH Vs. SURESH

Indian Penal Code, 1860, Section 304 Part II. SC observes, awarding of just and adequate punishment to the wrong doer in case of proven crime remains a part of duty of the Court. The punishment to be awarded in a case has to be commensurate with the gravity of crime as also with the relevant facts and attending circumstances. SC finds that the respondent is convicted of the offence under Section 304 Part II IPC. The punishment so awarded by the Trial Court had itself been leaning towards leniency, essentially in view of the fact that the respondent was 26 years of age at the time of the incident in question. However, the High Court further proceeded to reduce the punishment to the period already undergone (i.e., 3 months and 21 days) while concluding that “no useful purpose would be served in sending appellant back to jail”. Appeal is allowed.

Abhay Manohar Sapre, Dinesh Maheshwari, JJ

20/2/2019 View judgement PDF

TAMIL NADU POLLUTION CONTROL BOARD Vs STERLITE INDUSTRIES (I) LTD. & ORS

Air (Prevention and Control of Pollution) Act, 1981, Water (Prevention and Control of Pollution) Act, 1974, National Green Tribunal Act, 2010. Supreme Court holds that the State Government passing an order under Section 18 of the Water Act, not being the subject matter of any appeal under Section 16 of the National Green Tribunal Act, cannot be “judicially reviewed” by the NGT. The National Green Tribunal has no general power of judicial review akin to that vested under Article 226 of the Constitution of India possessed by the High Courts of this country. The Supreme Court clarifies that no appeal was provided against orders made under Section 18 of the Water Act, and the attempt to bring the Tribunal by the backdoor, as it is done in the present case will, therefore, have to be rejected. Appeals disposed off.

R.F. Nariman, Navin Sinha, JJ

18/2/2019 View judgement PDF

KRIPAL SINGH Vs STATE OF RAJASTHAN

Indian Penal Code, Section 302 IPC. SC holds, prosecution has proved the case against the present accused/appellant beyond reasonable doubt that the injury on the head of the deceased which was attributed to the accused appellant could in itself be sufficient to cause death and this is what has been considered by the learned trial Court and confirmed by the High Court in appeal. The possibility of over-implication of co-accused Ram Lal, Arjun Singh and Sultan Singh would not in any manner rule out the case of the present appellant and the prosecution has proved beyond reasonable doubt holding him guilty. No hard and fast rule can be laid down as to how much evidence should be appreciated but what is required is that judicial approach has to be cautious in dealing with such evidence; but the plea that such evidence should be rejected because it is partisan cannot be accepted as correct. Appeal is dismissed.

A.M. Khanwilkar, Ajay Rastogi, JJ

15/2/2019 View judgement PDF

EZAJHUSSAIN SABDARHUSSAIN & ANR. Vs STATE OF GUJARAT

Indian Penal Code, Section 302. SC observed, there cannot be a universal rule in laying down the principles of existence of common intention of prior meeting or meetings with pre-arranged plan. It has to be proved either from the conduct or circumstances of any incriminating facts which is missing in the instant case. The High Court has committed a manifest error in holding the appellants guilty under Section 302 read with Section 34 IPC for participating in the commission of crime. The appellants deserve to be acquitted of the charges filed against them by giving them benefit of doubt. Appeal is allowed.

A.M. Khanwilkar, Ajay Rastogi, JJ

15/2/2019 View judgement PDF

ANJALI BHARDWAJ AND OTHERS Vs UNION OF INDIA AND OTHERS

Right to Information Act, 2005. The petitioners through this PIL desires transparency and full disclosure of information depicting : (a) definite criteria for such appointments, (b) and such criteria should be made public in advance. SC observes, the petitioners are right in their submissions that there have been undue delays in filling up of these vacancies. We expect that the vacancies shall be filled up, in future, well in time. Supreme Court lays down directions keeping in view the salient purpose for which RTI Act. The Court observes, RTI Act is enacted not only to sub-serve and ensure freedom of speech. On proper implementation, it has the potential to bring about good governance which is an integral part of any vibrant democracy. Attaining good governance is also one of the visions of the Constitution. Appeal is disposed off.

AK Sikri, S Abdul Nazeer, JJ

15/2/2019 View judgement PDF

THE STATE OF GUJARAT Vs PWD AND FOREST EMPLOYEES UNION & ORS.

Gujarat Civil Services (Revision of Pay) Rules, 2009. SC observes, the respondent workers who have been working on daily wage basis cannot be given casual leave which is more than the entitlement extended to regular Government employees. We accept the plea of the appellant that Government Resolution dated October 17, 1988 which provides for 14 days casual leave including 2 days of voluntary/ optional leave is the result of inadvertent transaction error. The casual leave for daily wagers cannot be more than the regular Government employees. We, therefore, hold that the respondents employees shall be entitled to 12 days of casual leave and 2 days of voluntary leave/restricted leave. Appeal is allowed.

A.K. Sikri, S. Abdul Nazeer, M.R. Shah, JJ

15/2/2019 View judgement PDF

MEHBOOB-UR-REHMAN Vs AHSANUL GHANI

Civil Procedure Code, Section 100. SC observes, the plaintiff-appellant has failed to aver and prove his readiness and willingness to perform his part of the contract. The Trial Court made a rather assumptive observation that he had proved such readiness and willingness. Thereafter, the plaintiff sought leave to amend the plaint only when the ground to that effect was taken in the first appeal by the defendant. SC states, the late attempt to improve upon the pleadings of the plaint at the appellate stage was only an exercise in futility in the present case. The High Court has rightly pointed out that no substantial question of law as regards the correctness of the order refusing the application for amendment was formulated. Appeal is dismissed.

Abhay Manohar Sapre, Dinesh Maheshwari, JJ

15/2/2019 View judgement PDF

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Pakistan’s move to change Gilgit-Baltistan’s legal status opposed by India

On Thursday, India voiced strong opposition to Pakistan’s reported move to declare Gilgit (Pakistan) as that country’s fifth province.

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