Constitutional Bench Judgments passed by Supreme Court in 2020
1. Chebrolu Leela Prasad Rao & Ors V/S State Of A P & Ors Civil Appeal 3609 of 2002, 7040 of 2002, Date of Decision: 22 April 2020.
- It is held that the reservation of 100% in teaching post for schedule tribes in schedule area are illegal and impermissible and it is violative of Article 14 and 16(4) of the Constitution of India.
2. West U P Sugar Mills Association & Ors V/S State Of Uttar Pradesh & Ors 2020 (4) MadLJ 384.
- It is ruled that in an area of fixing a minimum price the Central Government has authority to set statutory of minimum price. State Government can fixed and advisory price but needs to be higher than the fixed by the center.
3. Pandurang Ganpati Ghaugule V/Svishwasrao Patil Murgud Sahakari Bank Limited Date of Decision: 05 May 2020, 2020 LawSuit(SC) 382.
- SARFAESI Act, 2002 is applied even to Co-operative Bank. The word “bank” in section 2(1)(C) of the Act include the Co-operative Bank.
4. Mukesh Singh V/S State (Narcotic Branch Of Delhi) 2020 LawSuit(SC) 547.
- No ipso facto apprehension of bias when the informant and the Investigating Officer is the same. The case must be decided on case to case basis.
5. Tamil Nadu Medical Officers Association and Ors.Vs.Union of India (UOI) and Ors. Writ Petition (Civil) Nos. 196, 252, 295, 293 of 2018,Decided on : 31.08.2020
· MCI being a Governing Body has no power to make any provision for reservation for in-service medical officer in regards to post graduate degree courses in medical college. The rullling is applied with prospective nature.
6. Sushila Aggarwal And Others V/S State (Nct Of Delhi) And Another 2020 AIR(SC) 831.
- It is held that order of granting pre arrest bail cannot be for limited period. However court granting such relief has discretion to impose condition including a limited duration of protection. The duration of anticipatory bail normally would not come to end when the accused is summoned by the Court but the court has discretion to impose additional restriction in given peculiar circumstances warranting the same.
7. Dr. Shah Faesal and Ors. vs. Union of India (UOI) and Ors. MANU/SC/0248/2020.
- In a issue of abrogation of Article 370 of the Consitituion of India by the presidential order, Hon’ble Supreme Court find no need to refer the matter to further larger bench.
8. Indore Development Authority V/S Manoharlal & Ors Etc Special Civil Appeal; 2020 AIR(SC) 1496.
- By this judgment, the Hon’ble Sureme Court turned down all precedents pertaining to interpretation of section 24 of Land Acqustion Act, 2013. It is held that if the award is not made as of January 1, 2014 there will be no laps of proceeding but the compensation will have to be determined as one under Land Acquition, 2013.