February 2018 Supreme Court Judgments and Legal News
A curated archive of important Supreme Court decisions reported in February 2018, covering securities regulation, tribunal procedure, medical education, land acquisition and mining leases.
Important Supreme Court Decisions Reported in February 2018
SEBI penalties for non-genuine securities transactions upheld
In SEBI v. Rakhi Trading Pvt. Ltd., the Supreme Court upheld regulatory action concerning non-genuine transactions and set aside the Securities Appellate Tribunal's contrary approach. The decision addresses market manipulation and fraudulent or unfair trade practices under the SEBI regulatory framework.
Legal context: The Securities and Exchange Board of India Act, 1992 and the SEBI (Prohibition of Fraudulent and Unfair Trade Practices relating to Securities Market) Regulations, 2003 govern the relevant regulatory issues. The precise provisions applicable depend on the transaction dates and alleged conduct.
Signature of a transferred tribunal member and validity of an order
In State of Madhya Pradesh v. Mahendra Gupta, the Supreme Court considered whether an order could be invalidated because a member who had participated in hearing the matter was transferred and did not sign it. The Court allowed the appeal in the circumstances reported.
Legal context: Requirements for signing, pronouncing and authenticating an order depend on the statute and procedural rules governing the particular tribunal. This decision should not be read as a universal exemption from signature requirements.
Medical college renewal to be considered for the following academic year
In the IQ City Foundation matter, the Court addressed consideration of medical college renewal for a subsequent academic year and retention of the security deposit in the circumstances of the case.
Current legal context: Medical education regulation is now primarily governed by the National Medical Commission Act, 2019 and applicable NMC regulations. The 2018 order arose under the regulatory arrangements then in force.
Land acquisition in Puducherry: Government appeal dismissed
In Union of India v. Pushpavathi, the Supreme Court dismissed the Government's appeal concerning land acquisition in Puducherry (formerly Pondicherry).
Legal context: Land acquisition disputes may involve the Land Acquisition Act, 1894 or the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, depending on the acquisition and transitional provisions. The governing enactment must be checked against the original judgment.
Goa iron ore mining: Second renewals of 88 leases set aside
In the Goa Foundation mining litigation, the Supreme Court set aside second renewals granted to 88 iron ore mining leases in Goa. The judgment addressed legality of lease renewals and the public interest in mineral resource management.
Legal context: The Mines and Minerals (Development and Regulation) Act, 1957, as amended, and applicable mineral concession rules govern mining leases. The effect of later amendments and decisions must be assessed separately.
Understanding the Current Indian Legal Framework
The following provisions are useful when researching older criminal and procedural case law. They do not change the statutes under which historical proceedings were originally decided.
- Bharatiya Nyaya Sanhita, 2023 (BNS): the principal substantive criminal law replacing the Indian Penal Code, 1860, subject to savings and commencement provisions. Cruelty by a husband or his relatives is addressed in sections 85 and 86.
- Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): the principal criminal procedure legislation replacing the Code of Criminal Procedure, 1973, subject to savings. Section 144 deals with orders for maintenance of wives, children and parents, corresponding broadly to former CrPC section 125.
- Bharatiya Sakshya Adhiniyam, 2023 (BSA): replaces the Indian Evidence Act, 1872 for the relevant proceedings, subject to transitional rules.
- Code of Civil Procedure, 1908: remains central to civil procedure, as amended and applicable.
Official legislative texts and updates can be consulted through India Code, the Supreme Court of India, SEBI and the National Medical Commission.
Related Case Law and Legal Research
Research note: This is a historical news archive, not an exhaustive list of February 2018 decisions. Check the full text, subsequent judicial treatment, and current legislation before relying on any case for legal proceedings.