Supreme Court Monthly Round-Up (March 2023)

The Supreme Court held that the mere fact of commission of suicide by itself would not be sufficient for the court to raise the presumption under Section 113A of the Evidence Act, and to hold the accused guilty of Section 306 IPC(abetment to suicide).

Case Title: P. Shyamala Versus Gundlur Masthan | Civil Appeal Nos. 1363-1364 of 2023

The Supreme Court rescinded a sale agreement after noting that the plaintiff, who secured a decree for specific performance of the contract, had failed to deposit the balance sale consideration within time.

Case Title: Imtiyaz Ahmad Malla vs State of Jammu & Kashmir | SLP(C) 678 of 2021 | 28 February 2023

The Supreme Court observed that mere acquittal does not entitle an employee to the reinstatement in service.

Case Title: Indrajit Das v. State of Tripura| Criminal Appeal No. 609 of 2015| 28th February, 2023

The Supreme Court reversed a conviction recorded by the Trial Court, affirmed by the Tripura High Court on the ground that major links of the chain of circumstances had not been proved by the prosecution evidence in a case based on circumstantial evidence.

Case Title: Royden Harold Buthello & Anr Vs State Of Chhattisgarh & Ors | Criminal Appeal No.634 Of 2023

The Supreme Court reiterated that the Court’s power to transfer cases to the Central Bureau of Investigation or any other specialised agency is an extraordinary power and therefore, should be used sparingly.

Case Title: Vishal Tiwari vs Union of India W.P.(C) No. 162/2023, Manohar Lal Sharma vs Union of India W.P.(Crl.) No. 39/2023, Anamika Jaiswal vs Union of India W.P.(C) No. 201/2023, Dr.Jaya Thakur vs Union of India W.P.(Crl.) No. 57/2023

The Supreme Court directed the Securities and Exchange Board of India (SEBI) to complete the investigation of the Adani-Hindenburg issue within a period of two months and file a status report before the Court.

A Constitution Bench of the Supreme Court has ordered that Election Commissioners will be appointed by the President of India on the advice of a Committee consisting of the Prime Minister, and leader of Opposition in the Lok Sabha (or leader of largest opposition party), and the Chief Justice of India.

The Supreme Court held that persons having a Bachelors degree and having a professional experience of at least 10 years in consumer affairs, law, public affairs, administration etc. should be treated as qualified for appointment as President and members of State Consumer Commissions and District Consumer Forums.

Case Title: The State Of Chattisgarh & Anr Vs Aman Kumar Singh & Ors. | Slp (Crl.) Nos.1703-1705 Of 2022)

In a notable judgment, the Supreme Court has opined that it is desirable that the High Courts do not quash corruption case FIRs at investigation stage, even if it is suspected that the case has been registered by a new government against officers of the previous government.

In a case relating to whistleblower Indian Forest Service officer Sanjiv Chaturvedi, the Supreme Court referred to a larger bench the issue regarding the jurisdiction of a High Court to entertain a challenge against an order passed by a Tribunal which is situated outside its territorial limit.

Where the complainant had already been examined as a witness in the case, it would not be appropriate for the Court to pass an order of acquittal merely on non-appearance of the complainant, the Supreme Court observed in a judgment.

The Supreme Court observed that a mere allegation of failure to keep up promise will not be enough to initiate criminal proceedings.

Case Title: Karan @ Fatiya vs State of Madhya Pradesh | CrA 572-573 OF 2019 | 3 March 2023

The Supreme Court set aside the death sentence imposed on a convict for the rape and murder of a minor girl after he was found to be a juvenile at the time of the offence.

There cannot be any school without a playground, observed the Supreme Court, while directing the removal of unauthorised occupations at a place reserved for playground for a school in Haryana.

The Supreme Court highlighted that Courts should practise restraint while summoning government officials while hearing contempt cases.

The Supreme Court has extended the jurisdiction of a High Powered Committee constituted by the High Court of Tripura for the transfer or import of wild animals in India at Pan India level. The order was passed by a bench comprising Justice Krishna Murari and Justice A Amanullah.

The Supreme Court recently acquitted a man who was convicted for the offence of rape for sexual intercourse with his minor wife by relying on Exception 2 to Section 375 of the Indian Penal Code, which exempts marital rape from punishment if the wife was aged above 15 years.

The Supreme Court set aside an order passed by the Central Board of Direct Taxes, Department of Revenue, Ministry of Finance, Government of India, communicating the order of the President, to compulsorily retire a Gazetted Officer who was being considered for appointment as a Member (Accountant) of the Income Tax Appellate Tribunal.

Case Title: Maharashtra State Electricity Distribution Company Limited v. Adani Power Maharashtra Limited And Ors. | Civil Appeal No. 684 of 2021

The Supreme Court has criticised the DISCOMS (Distribution Companies) for taking a stand contrary to that of the Union of India regarding grant of "Change in Law" compensation to power production companies.

Case Title: Ravi Dhingra v. State Haryana | Criminal Appeal No. 987 of 2009 and connected matters

Merely intimidating a kidnapped child to stop him from shouting for help did not prove the ingredient of threat resulting in a reasonable apprehension that such person may be hurt or killed as required for sustaining a conviction under Section 364A (kidnapping for ransom, etc.) of the Indian Penal Code, said the Supreme Court.

Case Title: Premchand v. State of Maharashtra | Criminal Appeal No. 211 of 2023| 3rd March, 2023

The Supreme observed that once a written statement is filed by the accused under Section 313(5) of the Code of Criminal Procedure, 1973 and the Trial Court marks it as exhibit, such statement must be treated as part of the statement of the accused under Section 313(1) read with Section 313(4) Cr.P.C.

Case Title: P Raman Vs Government of Tamil Nadu and Ors | Special Leave Petition (Civil) Diary No(S).3959/2021

The Supreme Court reiterated that a candidate who obtained post graduate degree from an open university without undergoing the basic degree course is not valid.

Case Title: Nikhil Chandra Mondal Vs State Of West Bengal | Criminal Appeal No. 2269 Of 2010

Reiterating that it is a weak piece of evidence, the Supreme Court of India observed that the credibility of an extra-judicial confession decreases when the surrounding circumstances are doubtful.

Case Title: Vikas Rathi v. State of U.P. And Anr. |Criminal Appeal No. 644 of 2023| 1st March, 2023

The Supreme Court reiterated that though exercise of jurisdiction under Section 319 of the Code of Criminal Procedure is discretionary, it ought to be done only where strong and cogent evidence occurs against a person from the evidence before the Court.

Case Title: Authum Investment And Infrastructure Limited Vs R.K. Mohatta Family Trust And Others | Arising out of SLP(C) No. 411 of 2023

In relation to the insolvency of Reliance Home Finance Ltd (RHFL), the Supreme Court allowed the resolution plan proposed by Authum Investments and Infrastructure Ltd(AIIL), a non-banking finance company, to cover the debenture holders of RHFL. However, the plan will not cover dissenting debenture holders.

Case Title: Debidutta Mohanty v. Ranjan Kumar Pattanaik And Ors. | Civil Appeal No. 4939 of 2022

The Supreme Court has held that the Collector is a competent authority under Rule 51(7) of the Orissa Minor Mineral Concession Rules, 2016 to cancel a lease deed for non production of solvency certificate. The Court reversed an order of the Orissa High Court which held that Tahsildar is the competent authority to cancel a lease deed under Rule 51(7).

The Supreme Court has held that a petition filed under Article 32 to challenge a binding judgment passed by the Court is not maintainable.

Case Title: Madras Bar Association v. Union of India | M.A. No.111/2021 In W.P.(C) No.804/2020

The Supreme Court allowed a member of the Income Tax Appellate Tribunal to continue in the post till the age of 62 years as per the provisions of the Income Tax Act 1961.

Case Title: Bhartiben Chandrakantbhai Thakor Vs State of Gujarat and Others | Civil Appeal No 24 of 2013

The Supreme Court recently granted pensionary benefits to an auxiliary nurse working in service of Gujarat Government, who was embroiled in a long drawn litigation over a decision taken by her in 1993 to withdraw her resignation.

Case Title: Gurjit Singh (D) Vs Union Territory, Chandigarh & Ors. | Civil Appeal Nos. 4826¬4828 Of 2022

Possession of license to do business in a particular shop does not entitle a party to the allotment of auction platform as a matter of right , particularly, in front of and/or adjacent to their shop, the Supreme Court held.

Case Title: Rajendra Kumar Shrivas v. State of Madhya Pradesh And Ors.| 2023 LiveLaw (SC)181 |Civil Appeal No. 1514 of 2023

The Supreme Court directed the Madhya Pradesh High Court to comply with the directions of the Apex Court in All India Judges’ Association And Ors. v. UoI And Ors. (2010) 15 SCC 170, particularly, the one asking the High Courts to reserve only 10% seats in the higher judiciary to be filled up by limited departmental competitive examination.

Case Title: UoI And Ors. v. M/s. Union Carbide Corporation And Ors. Curative Petition (C) No. 345-347/2010]

A Constitution Bench of the Supreme Court dismissed the curative petition filed by Central Government seeking to reopen the settlement with the Union Carbide Corporation (now Dow Chemicals) to claim additional compensation for victims of the Bhopal Gas Tragedy of 1984.

Case Title: Indore Development Authority Versus Burhani Grih Nirman Sahakari Sanstha Maryadit Sneh Nagar And Others | Civil Appeal No. 5071 Of 2022

The Supreme Court of India set aside the judgments of the Madhya Pradesh High Court which held the acquisition proceedings initiated by the Indore Development Authority and the State of Madhya Pradesh for a residential scheme as lapsed.

Case Title: In Re: Inaction of the Governments in appointing President and Members/Staff of Districts and State Consumer Disputes Redressal Commission and inadequate infrastructure across India v. UoI And Ors. SMW(C) No. 2/2021]

The Supreme Court observed that the direction in Secretary, Ministry of Consumer Affairs v. Dr.Mahindra Bhaskar Limaye And Ors. that, the Central and State Governments are required to make certain amendments to the Consumer Protection Rules, 2020 pertaining to the appointment process at the Consumer Dispute fora is to be carried out on an urgent basis, preferably within 3 months’ time.

In a notable judgment explaining the concept of 'cause of action' under Article 226(2) of the Constitution of India, the Supreme Court held that only those facts, which are relevant to the grant of the relief, will give rise to 'cause of action'.

Case Title: Nand Lal And Ors. v. State of Chhattisgarh | Criminal Appeal No. 1421 of 2015

The Supreme Court reiterated that omission on the part of the prosecution to explain injuries on the person of the accused assumes greater importance where the evidence consists of interested witnesses or where the defence gives a version which competes in probability with that of the prosecution.

Case Title: State of Karnataka v. M/s. Ecom Gill Coffee Trading Private Limited| Civil Appeal No. 230 of 2023

The Supreme Court has held that under Section 70 of the Karnataka Value Added Tax Act, 2003, a dealer claiming Input Tax Credit on purchase ought to prove and establish actual physical movement of goods and genuineness of transaction.

The Supreme Court has held that a second suit by a mortagor for redemption of mortgage is not barred merely because the first suit was dismissed for default, unless the right to redemption of mortgage has been extinguished.

Case Title: Ashutosh Samanta Versus Ranjan Bala Dasi & Ors | Civil Appeal No.7775 Of 2021

The Supreme Court has held that the presumption under Section 90 of the Indian Evidence Act regarding the genuineness of documents aged more that thirty years old is not applicable to a will.

Case Title: Mohinder Singh(Dead) Versus Narain Singh And Others | Civil Appeal No(S). 3828 Of 2017

The Supreme Court recently affirmed a Delhi High Court judgement which stated that once a rural area is urbanized by issuance of notification under Section 507(a) of the Delhi Municipal Corporation Act, 1957, it ceases to be governed by the provisions of Delhi Land Reforms Act, 1954.

Case Title: M/s. IL&FS Tamil Nadu Power Company Limited v. T. Muruganandam And Ors. |Civil Appeal No. 1811-1812 of 2015

The Supreme Court recently permitted M/s. IL&FS Tamil Nadu Power Company Limited to continue with its two power plants in the State subject to full compliance of the conditions mentioned in the Environmental Clearance as well as the corrigendum to it.

The Supreme Court has held that a resolution professional is entitled to take control of the rights of a corporate debtor in assets which are licensed to third parties. Such an action of the RP will come within the ambit of Section 25 of the Insolvency and Bankruptcy Code 2016.

Case Title: S. Athilakshmi vs. The State Rep. By The Drugs Inspector [SLP (Criminal) No. 9978 of 2022]

The Supreme Court has held that a doctor's act of storing small quantities of medicines will not amount to an offence of unauthorized stocking of medicines under Section 18(c) of the Drugs and Cosmetics Act 1940.

Case Title: Ajay Kumar Radheyshyam Goenka v Tourism Finance Corporation of India Ltd.

The approval of resolution plan of a corporate debtor under the Insolvency and Bankruptcy Code 2016 will not extinguish the criminal liability of its erstwhile director under Section 138 of the Negotiable Instruments Act 1881, held the Supreme Court.

Case Title: Ashok Ram Parhad & Ors Versus The State Of Maharashtra & Ors. | Civil Appeal No.822 Of 2023

In Service Jurisprudence, Services Rules, which have a statutory effect will prevail and government resolutions can’t be conflict with the rules, the Supreme Court reiterated.

Case Title: Pawan Kumar Chourasia Versus State of Bihar | Criminal Appeal No.2230 Of 2010

Highlighting the evidentiary value and the circumstances under which extra-judicial confessions can be accepted, the Supreme Court recently acquitted a man who was convicted of double murders under Section 302 of the Indian Penal Code.

The Supreme Court recently took note of practical difficulties which arise in labour disputes, as most cases of workers are filed through the labour unions without mentioning their own permanent addresses. Hence, in many cases, notices are served on the Union, and if the Union is not interested in pursuing the matter, the affected worker goes unrepresented.

Noting that there is no uniform format of bail orders across the High Courts, the Supreme Court has directed the High Courts to ensure that basic essentials are recorded in them.

Attachment orders issued by the revenue for tax arrears will not be vitiated merely because the assessment orders were not served on the assesse, if the assessee had otherwise got knowledge about the assessment orders, held the Supreme Court.

Case Title: Govt. of NCT of Delhi Through the Secretary, Land and Building Department And Anr. v. M/s. K.L. Rathi Steels Limited And Ors.| Diary No. 32257 of 2021

A Division Bench of the Supreme Court took a divergent view on the scope of review, when the judgment relied on in the impugned order and all subsequent judgment that followed it is eventually overruled by a superior court.

The Supreme Court has reiterated that subsequent addition of more serious offences to the FIR can be a circumstance for a Court to cancel the bail granted by it.

Case title - R. Sundaram vs. The Tamilnadu State Level Scrutiny Committee and Ors.

The Supreme Court has observed that the proceedings questioning the caste certificate of an employee, except in the most exceptional circumstances, can’t be conducted ex-parte.

The Supreme Court has held that the rehabilitation scheme under Section 18 of the SICA, 1985 shall bind all the creditors including the unsecured creditors.

The Supreme Court has invoked Article 142 of the Constitution to protect the interest of a poor line mazdoor, who was dismissed from service due to prolonged absence.

Case Title: Indian Railway Construction Company Limited v M/s National Buildings Construction Corporation Limited

The Supreme Court reiterated that unless there is a specific bar under the contract, it is always open for the Arbitrator to award pendente lite interest in view of Section 31(7)(a) of the Arbitration and Conciliation Act 1996.

The Supreme Court recently observed that the Constitution Bench ruling that direct evidence of demand or acceptance of bribe is not necessary for a conviction under the Prevention of Corruption Act 1988 does not dilute the requirement of proof beyond reasonable doubt.

Case Title: Shankar Versus The State of Maharashtra | Criminal Appeal No. 954 of 2011

While relying on ‘last seen theory’ in a case based on circumstantial evidence, the evidence on the time at which the deceased was lastly seen with the accused has to be proved conclusively, the Supreme Court reiterated recently.

Case Title: Orissa Administrative Tribunal Bar Association v. Union of India & others | Civil Appeal No 6805 of 2022

The Supreme Court upheld the notification issued by the Central Government in 2019 to abolish the Odisha Administrative Tribunal.

Case Title: Prakash Kumar Jena And Ors. v. State of Odisha And Ors. |Civil Appeal No. 8836/2022| 17th March, 2023

The Supreme Court has held that Home Guards working in the State of Odisha are entitled to Duty Allowance as per the minimum amount of pay to which the police personnel in the State is entitled to.

Case Title : State of Orissa v Orissa Khadi and Village Industries Board Karmachari Sangh.

The Supreme Court has held that the employees of a body corporate established by a State Government cannot be treated at par with the employees of the State Government.

The Supreme Court has held that the time for making a declaration of the possession of any wild animal or animal article as per the Wild Life Stock Rules 2003 cannot be relaxed.

The Supreme Court has noted that in some parts of the country, trial courts follow the practise of remanding the accused when they appear in response of a summoning order. Therefore, accused persons apprehend arrest even in cases when the investigating agencies are not seeking their custody.

Case Title: Sundar @ Sundarrajan v. State by Inspector of Police| Review Petition (Crl) Nos. 159-160 of 2013 in Criminal Appeal Nos. 300-301 of 2011

The Supreme Court commuted the death sentence awarded for kidnapping and murder of a 7 year old child to life imprisonment for not less than twenty years without remission of sentence.

The Supreme Court has advised Courts to refrain from making patriarchal remarks in judgments. A bench comprising Chief Justice of India DY Chandrachud, Justice Hima Kohli and Justice PS Narasimha was deciding a petition seeking to review the death penalty awarded to a convict for the kidnap and murder of a 7-year old boy.

The Supreme Court held that that writ petitions filed for seeking recovery of money due under the bills/invoices cannot be entertained under Article 226 of the Constitution of India, particularly when the writ petitioner has filed civil suit which came to be dismissed in default.

Case Title: Penna Electricity Limited (Now M/s Pioneer Power Limited) v. The Tamil Nadu Electricity Board & Ors. | Civil Appeal No(S). 706 Of 2014

While affirming the view of the Appellate Tribunal for Electricity, the Supreme Court held that the Electricity Board would not have to indemnify if there was no provision regarding compensation of full fixed charges and actual variable charges in respect of short supply of energy in the Power Purchase Agreement.

Case Title: GPSK Capital Private Limited (Formerly Known as Mantri Finance Limited) v The Securities and Exchange Board Of India.

The Supreme Court has upheld SEBI’s decision to not to grant exemption to a corporate entity from payment of fees under Clause 4 of Schedule III of SEBI (Stock-Brokers and Sub-Brokers) Regulations 1992, since it was the Director and not the Whole Time Director who transferred stock exchange registration to the corporate entity and paid the registration fees.

Case Title: Union of India And Ors. v. Parashotam Dass |Civil Appeal No. 447 of 2023| 21st March, 2013

The Supreme Court overruled its decision in Union of India And Ors. v. Major General Shri Kant Sharma And Anr. which barred the exercise of jurisdiction under Article 226 of the Constitution of India in cases assailing orders passed by the Armed Forces Tribunal.

Case Title: Ravasaheb @ Ravasahebgouda Etc. v. State of Karnataka |Criminal Appeal Nos. 1109-1110 of 2010| 16th March, 2013

The Supreme Court observed that testimony of a sole eyewitness can be worthy of credence for the prosecution to establish its case beyond reasonable doubt, even in cases involving several accused.

In a significant verdict, the Supreme Court held that borrowers must be heard before their accounts are classified as fraud. The Court held that the principles of "audi alteram partem" must be read into the Circular issued by the Reserve Bank of India on the classification of bank accounts as fraud accounts.

Day Of Remand Should Be Included For Considering Default Bail Claim : Supreme Court Answers Reference

Case Title : Enforcement Directorate v. Kapil Wadhawan

Citation. : 2023 LiveLaw (SC) 249

Answering a reference on a significant point of law, the Supreme Court has held that the day of remand is to be included for considering for considering a claim for default bail.

Accused Can't Claim Right Of Hearing Before Registration Of FIR : Supreme Court

Case Title : State Bank of India vs Rajesh Agarwal and connected cases

Citation : 2023 LiveLaw (SC) 243

The Supreme Court has held that an accused cannot claim to have a right of hearing before the registration of an FIR and that the principles of natural justice are not applicable at the stage of reporting a criminal offence.

Supreme Court Releases Death Row Prisoner After 28 Years On Finding Him To Be A Juvenile At The Time Of Offence

Case Title: Narayan Chetanram Chaudhary v. State of Maharashtra |Criminal Miscellaneous Petition No. 157324 of 2018 in Review Petition (Criminal) Nos. 1139-1140 of 2000 in Criminal Appeal Nos. 25-26 of 2000

Citation : 2023 LiveLaw (SC) 244

The Supreme Court released a death row convict upon finding that even though he was a juvenile at the time of the commission of the offence he was tried as an adult and was sentenced to death.

Income Tax Act - Date Of Panchnama Last Drawn Starting Point Of Limitation For Completing Block Assessment Proceedings: Supreme Court

Case Title: Anil Minda and Others Versus Commissioner of Income Tax

Citation: 2023 LiveLaw (SC) 246

The Supreme Court has held that the date on which the Panchnama was last drawn is the starting point of the two-year limitation for completing the block assessment proceedings under the Income Tax Act 1961.

Declarants Of Exotic Live Species As Per 2020 MoEFCC Advisory Immune From Prosecution Under Wild Life Act & Future Amendments : Supreme Court

Case Title- Swetab Kumar v. Ministry of Environment, Forest And Climate Change and Ors.

Citation : 2023 LiveLaw (SC)245

The Supreme Court on March 27 clarified that individuals who have made a declaration of ownership of 'exotic live species' in accordance with the 2020 advisory issued by the Ministry of Environment, Forest and Climate Change are immune from prosecution under the Wild Life (Protection) Act of 1972 or action under any future laws or amendments.

RFCTLARR Act - Owner Cannot Pray For Lapse Of Land Acquisition After Refusing To Accept Compensation : Supreme Court

Case Title: State of Gujarat & Ors. v Jayantibhai Ishwarbhai Patel

Citation: 2023 LiveLaw (SC) 247

The Supreme Court has held once the land owner refuses to accept the compensation offered by the Land Acquiring Body, thereafter the land owner cannot to pray for lapse of acquisition on the ground that the compensation has not been paid.

CCS (Pension) Rules - Service Rendered As Contractual Employee Won't Qualify For Pensionary Benefits : Supreme Court

Case Title : Director General, Doordarshan Prasar Bharti Corporation vs Smt.Magi H Desai

Citation : 2023 LiveLaw (SC) 248

The Supreme Court has held that as per Central Civil Services (Pension) Rules 1972, period of services rendered as a contractual employee cannot be said to be service rendered on a substantive appointment. Hence, such service as contractual employee will not qualify as service for the purpose of pensionary benefits.

IBC | Application Under Section 12A For Withdrawal Of CIRP Is Maintainable Prior To Constitution Of CoC : Supreme Court

Case Title: Abhishek Singh v Huhtamaki Ppl Ltd. & Anr.

Citation: 2023 LiveLaw (SC) 250

The Supreme Court has held that Regulation 30A of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2018, is binding upon the National Company Law Tribunal (“NCLT”).

Consumer Commissions Can't Decide Complaints Involving Highly Disputed Facts, Criminal Or Tortious Acts: Supreme Court

Case Title:The Chairman & Managing Director, City Union Bank Ltd. & Anr. Versus R. Chandramohan | Civil Appeal No. 7289 Of 2009

Citation : 2023 LiveLaw (SC) 251

Consumer courts cannot decide complaints involving highly disputed questions of facts or the cases involving tortious acts or criminality like fraud or cheating, the Supreme Court reiterated recently. It said that the concept of “deficiency in service” under the Consumer Protection Act, 1986 must be distinguished from the criminal or tortious acts.

Constitutional Courts Can Impose Life Sentence For Fixed Term Without Remission Even In Cases Where Death Penalty Wasn't Imposed : Supreme Court

Case Title : Shiva Kumar @ Shiva @ Shivamurthy vs State of Karnataka

Citation : 2023 LiveLaw (SC) 252

In a notable judgment, the Supreme Court has held that a Constitutional Court can order that the life sentence in a case should run for a minimum term without remission, even in a case where death sentence was not imposed.

After Attending Interview, Candidates Can't Challenge It Merely Because They Feel More Marks Should've Been Given : Supreme Court

Case Title- Tanvir Singh and ors. v. The State of J&K& ors.

Citation : 2023 LiveLaw 253

The Supreme Court on March 28 upheld the 2009 selection process and appointment of drug inspectors by Jammu and Kashmir (J&K)Subordinate Services Selection and Recruitment Board (the Board).

'Open Ballot System In Rajya Sabha Elections Necessitated To Prevent Cross-Voting' : Supreme Court Rejects Challenge To Election Rules

Case Title: Lok Prahari v. UoI And Ors. WP(C) No. 1141/2020 PIL

Citation : 2023 LiveLaw (SC) 254

The Supreme Court dismissed a PIL which challenged the open ballot system for Rajya Sabha elections. A bench comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala was considering a petition filed by the NGO Lol Prahari challenging Rule 39AA of the Conduct of the Election Rules 1961.

Supreme Court Allows Disbursal Of Rs 5000 Crores From SEBI-Sahara Fund To Depositors; Former SC Judge To Monitor Disbursement

Case Title : Pinak Pani Mohanty vs Union of India, .IA. No. 56308 of 2023 in Writ Petition (C) No. 191 of 2022

Citation : 2023 LiveLaw (SC) 255

The Supreme Court allowed an application filed by the Central Government seeking allocation of ₹ 5,000 crore out of ₹ 24,979 crores deposited by the Sahara group with the Securities and Exchange Board of India (SEBI) to repay the dues of the depositors of the Sahara Group of Cooperative Societies.

Court Cannot Declare Equivalency Of A Course: Supreme Court

Case Title- Unnikrishnan Cv & ors. v. UOI

Citation : 2023 LiveLaw (SC) 255

The Supreme Court on 28th March rejected the appeal filed to grant promotion to Grade-I and Assistant Engineer on the ground that the appellant did not possess the required degree and court cannot prescribe the qualification or declare the equivalency of a course.

Central Excise Act - To Be "Related Person", Buyer & Seller Must Have Direct Or Indirect Interest In Each Other’s Business : Supreme Court

Case Title: M/S Bilag Industries P. Ltd. & Anr. Versus Commr. Of Cen. Exc. Daman & Anr.

Citation: 2023 LiveLaw (SC) 257

The Supreme Court while ascertaining who is the “Related Party” under the Central Excise Act for the purpose of valuation held that before the clause in Section 4(4)(c) could be used, the buyer and seller had to be interested in one another's businesses. Since two-way traffic is required, there shouldn't be any one-way traffic.

'NGT Could Not Have Ignored Decree Affirmed By Supreme Court' : SC Allows Housing Society's Appeal

Case-Shramjeevi Cooperative Housing Society Ltd. v. Dinesh Johi and others.

Citation : 2023 LiveLaw (SC) 258

The Supreme Court on March 22 allowed the appeal filed by the Shramjeevi housing society, which had challenged the decision of the NGT to halt construction near Teliya lake in Mandsaur. The NGT had ordered the construction to be stopped on the grounds that the land fell within a submergence area. However, the housing society argued that they had previously received permission for the construction and that the land was not actually in a submergence area. The Supreme Court sided with the housing society and overturned the decision of the NGT, allowing the construction to proceed.

Central Excise Act- No Separate Notice Necessary For Recovery Of Erroneous Refund Granted: Supreme Court

Case Title: Commissioner Of Central Excise, Mumbai – 1 Versus M/S. Morarjee Gokuldas Spg. & Wvg. Co.Ltd.

Citation: 2023 LiveLaw (SC) 259

The Supreme Court has held that no separate notice under Section 11A of the Central Excise Act is necessary for the recovery of an erroneous refund granted.

Bail Can Be Granted In NDPS Cases On Ground Of Undue Delay In Trial Despite Stringent Conditions In Section 37 : Supreme Court

Case Title: Mohd. Muslim v. State (NCT of Delhi) | Special Leave Petition (Criminal) No. 915 of 2023

Citation : 2023 LiveLaw (SC) 260

In a pathbreaking judgment on bail jurisprudence, the Supreme Court has held that undue delay in trial can be a ground to grant bail to an accused, despite the rigours of Section 37 of the Narcotic Drugs and Psychotropic Substances Act 1985.

Section 52 TP Act -Alienation Of Suit Property Pendente Lite Not Invalid; But It'll Be Subject To Rights Of Litigants : Supreme Court

Case Title : Shivashankara vs HP Vedavyasa Char

Citation : 2023 LiveLaw (SC) 261

The Supreme Court has observed that the principle of "lis pendens" is based on "justice, equity and good conscience" and the same will apply even in a case where the provisions of Section 52 of the Transfer of Property Act is not applicable in the strict sense.

In Suit For Possession, Prior Possession Becomes Relevant When Both Parties Fail To Establish Title : Supreme Court

Case Title : Shivashankara vs HP Vedavyasa Char

Citation : 2023 LiveLaw (SC) 261

In a suit for possession, if both parties have not established title, then the party who proved prior possession will succeed, held the Supreme Court recently. Such right of the person who had prior possession will hold good against the whole world except the person who has the title over the property.

Plain & Literal Interpretation Of Section 37 NDPS Act Would Make Bail Impossible: Supreme Court Adopts 'Prima Facie' Test

Case Title: Mohd. Muslim v. State (NCT of Delhi) | Special Leave Petition (Criminal) No. 915 of 2023

Citation : 2023 LiveLaw (SC) 260

The Supreme Court of India, while enlarging on bail an undertrial prisoner who was arrested seven years ago under the Narcotic Drugs and Psychotropic Substances Act, 1985 for his alleged involvement in peddling a prohibited substance, observed that a plain and literal interpretation of the rigorous conditions under Section 37 would make granting of bail impossible.

Hindu Succession | If Law Gets Amended Before Passing Final Decree In Partition Suit, Parties Can Seek Its Benefit : Supreme Court

Case Title: Prasanta Kumar Sahoo & Ors. v Charulata Sahu & Ors.

Citation: 2023 LiveLaw (SC) 262

The Supreme Court has held that during the pendency of a partition suit, the parties can seek benefit of the amended law, when final decree has not been passed. Accordingly, the preliminary decree in a partition suit can be varied in the final decree proceedings, if the law governing the parties has been amended.

'There Was Mistake On Part Of This Court' : Supreme Court Recalls Order Disbursing Money To Two Persons In Unitech Case

Case Title: Bhupinder Singh v. Unitech Limited Civil Appeal No. 10856 of 2016

Citation : 2023 LiveLaw (SC) 263

The Supreme Court applied the principle of restitution and directed two individuals to return the money disbursed pursuant to its order, from the sale proceeds of Unitech’s land sold to M/s. Devas Global Services LLP.

Suit Won't Abate For Not Impleading All LRs Of Deceased Defendant If Estate Was Substantially Represented By Other Defendants : Supreme Court

Case Title : Shivashankara vs HP Vedavyasa Char

Citation : 2023 LiveLaw (SC) 261

The Supreme Court has held that a suit will not abate for not impleading all legal representatives of the deceased defendant, if the estate of the deceased was otherwise substantially represented by other defendants on record.

'Possible That Police Set Up False Case After Killing Deceased In The Process Of Arrest' : Supreme Court Acquits 4 In 1989 Murder Case

Case Title: Pulen Phukan & Ors. Versus The State Of Assam | Criminal Appeal No.906 Of 2016

Citation : 2023 LiveLaw (C) 265

The Supreme Court acquitted four persons who were convicted for a murder which happened in 1989. After appreciating the evidence, the Court formed an opinion that the case might have been set up by the police themselves after killing the deceased in the process of arrest (Pulen Phukan & Ors. Versus The State Of Assam).

The Supreme Court noted the object behind enacting the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 is to provide for forfeiture of illegally acquired properties of smugglers and foreign exchange manipulators, and at the same time to ensure effective prevention of smuggling activities and foreign exchange manipulation.

The Supreme Court held that it cannot consider on the judicial side the plea of the Supreme Court Bar Association to convert the entirety of 1.33 acres of the land allotted to the Top Court by the Central Government as space for lawyers' chambers.

The Supreme Court set aside the conviction in a murder case after noting several blemishes in the testimony of the sole eyewitness.

Case Title: Yuvraj @ Munna Pralhad Jagdale & Ors. v. Janardan Subajirao Wide | Civil Appeal Nos. 28552856 Of 2011

In a recent ruling, the Supreme Court reiterated that it won’t be lawful to sublet after the enactment of the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 unless the contract itself expressly provides so.

Case Title: Maharashtra Rajya Padvidhar Prathamik Shikshak Va Kendra Pramukh Sabha v. Pune Municipal Corporation and Ors | Civil Appeal No. 1765 Of 2023

While hearing a plea against the primary teachers who were appointed in the Zila Parishad and were later on absorbed into Pune Municipal Corporation based on their inter-se seniority, the Supreme Court observed that their service, while in the Zilla Parishad, deserves to be counted for their seniority.

Taking a lenient view in an appeal filed by an advocate who was punished for contempt of Court, the Supreme Court reduced the penalty amount from Rs. 2 Lakhs to Rs. 1 Lakh.

Case Title: SREI Multiple Asset Investment Trust Vision India Fund v Deccan Chronicle Marketeers & Ors.

The Supreme Court has held that the declaration made by the NCLT to the effect that the trademarks “Deccan Chronicle” and “Andhra Bhoomi”, which originally belonged to Deccan Chronicle Holdings Ltd. (“DCHL/Corporate Debtor”), continues to be under the ownership of DCHL post the approval of resolution plan, would amount to impermissible modification of resolution plan as the same was silent on this aspect.

The Supreme Court acquitted a man who was convicted under the Prevention of Corruption Act 1988 for accepting a bribe of Rupees 300 in the year 2003.

In a significant verdict, the Supreme Court on Friday overruled its 2011 judgments in Arup Bhuyan vs State of Assam, Indra Das vs State of Assam and State of Kerala vs Raneef which held that mere membership of a banned association is not sufficient to constitute an offence under the Unlawful Activities (Prevention) Act 1967 or the Terrorism and Disruptive Activities (Prevention) Act, unless it is accompanied with some overt violent.

Case Title: Mah. Adiwasi Thakur Jamat Swarakshan Samiti v. State of Maharashtra And Ors. SLP (C) No. 24894 of 2009

The Supreme Court answered the reference pertaining to the question - whether the affinity test is integral to the determination of caste status made by the Caste Scrutiny Committee.

The Supreme Court held that period of parole granted to prisoners during the COVID-19 pandemic period to prevent the overcrowding of prisoners cannot be counted towards the period of actual imprisonment underwent by the prisoner.

Allowing an application filed by Director General (Prisons), New Delhi, the Supreme Court directed that all prisoners, who were released on emergency parole by the High Powered Committee during the COVID-19 period based on the orders of the Supreme Court, to surrender within 15 days.

Case Title: Pradeep Kumar Versus State Of Chhattisgarh | Criminal Appeal No.1304 Of 2018

The Supreme Court of India reiterated that in cases where two views are possible while relying on circumstantial evidence, the view favouring the accused must be preferred.

Case Title: Guna Mahto Versus State Of Jharkhand | Criminal Appeal No.108 Of 2012

The Supreme Court acquitted a man who was concurrently convicted by the trial court and the High Court for the alleged murder of his wife thirty five years ago.

The Supreme Court recently acquitted a man who was convicted for the offence of murder. A bench comprising Justices BR Gavai and Sanjay Karol set aside the concurrent findings of guilt recorded by the trial court and the High Court.

In the Shiv Sena case, the Uddhav Thackeray side concluded their arguments before the Supreme Court.

The Supreme Court recently directed the Tamil Nadu government to consider the premature release of a convicted Sri Lankan citizen, incarcerated for over 35 years.

The Supreme Court agreed to hear on March 3 the petition filed by the Tamil Nadu Government challenging the order of the Division Bench of the Madras High Court, which set aside conditions imposed by the Single Judge on the route march sought to be carried out by the Rashtriya Swayamsevak Sangh (RSS) in the State.

After mobile internet services were suspended in 11 districts in Rajasthan to prevent cheating in a competitive examination to recruit government schoolteachers, a petition has been filed in the Supreme Court seeking the implementation of the Anuradha Bhasin guidelines for internet shutdowns.

The Supreme Court was informed that most State Governments have complied with the directions regarding disbursal of the pension arrears to retired arrears after enhancement.

The National Investigation Agency told the Supreme Court that the delay in the trial of the Bhima Koregaon accused could not be attributed to them.

The Supreme Court will deliver judgment on a batch of petitions seeking an independent mechanism to appoint Election Commissioners in the Election Commission of India so as to ensure the independence and autonomy of the poll panel.

The Supreme Court will pass orders tomorrow on constituting an expert committee to review the regulatory mechanism in the light of Adani-Hindenburg issue.

For the application of anti-defection law (tenth schedule of the Constitution), it does not matter whether the rival group is the minority or majority within the political party if their acts amount to defection, observed the Supreme Court while hearing the arguments of the Eknath Shinde group in the Shiv Sena case.

Show us where the Bhima Koregaon-accused Vernon Gonsalves and Arun Ferreira encouraged others they allegedly ‘recruited’ to pick up arms against the government, the Supreme Court told the National Investigation Agency.

Former Chief Justice of India AM Ahmadi passed away at 91. Born in Surat, Justice Ahmadi entered the legal profession in 1954 with his enrolment in Bombay. Ten years later he was appointed as a Judge in the City Civil & Sessions Court at Ahmedabad. He was elevated to the Gujarat High Court in 1976.

The Supreme Court constituted an expert committee to review the regulatory mechanism in the light of the Adani-Hindenburg issue.

On March 2, 2023, a heated exchange occurred between the Chief Justice of India Dr DY Chandrachud, and the President of the Supreme Court Bar Association (SCBA), Senior Advocate Vikas Singh, regarding the listing of the petition to convert the land measuring 1.33 acres that was allotted to the Supreme Court into chamber blocks for lawyers.

Senior Advocates Kapil Sibal and Neeraj Kishan Kaul have expressed regret over the heated exchange that broke out between Chief Justice of India DY Chandrachud and President of SCBA Vikas Singh.

The Supreme Court of India, in its judgement constituting an expert committee to review the regulatory mechanism in the light of Adani-Hindenburg issue, provided details regarding a note SEBI had submitted before the bench to set out the existing statutory regime for investors in India. The court remarked that the constitution of the expert committee did not divest SEBI of its powers or responsibilities in continuing with its investigation into the volatility in the securities market in India.

Chief Justice Of India, DY Chandrachud said that judges should allow lawyers to work on their electronic gadgets inside the courtrooms and must ensure internet facilities with adequate firewalls there so that it is put to genuine and authorised use.

A Constitution bench of the Supreme Court of India comprising CJI DY Chandrachud, Justice MR Shah, Justice Krishna Murari, Justice Hima Kohli, and Justice PS Narasimha continued hearing the pleas concerning the constitutional issues arising out of the rift within Shiv Sena party between Eknath Shinde and Uddhav Thackeray groups. Senior Advocate Harish Salve argued that the matter fell within the domain of politics and it could be perilous for the judiciary to embark upon it.

The Supreme Court reserved its verdict on a plea by Babbar Khalsa terrorist and death row convict, Balwant Singh Rajoana for his death sentence to be commuted to life imprisonment. The BKI operative was convicted for his role in the assassination of the former chief minister of Punjab, Beant Singh, in August 1995.

The Supreme Court collegium has recommended the appointment of senior advocate Kardak Ete for appointment as a Gauhati High Court judge.

The resolution passed by the Supreme Court Collegium is notable for picking up a lawyer with physical disabilities for elevation as a judge of the High Court.

The Supreme Court of India lamented, that corruption was one of the main reasons as to why the ‘preambular promise’ of the Constitution to achieve equal distribution of wealth remains a distant dream.

Chief Justice of India DY Chandrachud said that he will list the Karnataka hijab case after the Holi vacations. The lawyer appearing on behalf of Shariat committee sought an early listing as the exams are commencing from March 9.

The Supreme Court decided to hear after Holi vacations the petition filed by Trinamool Congress spokesperson Saket Gokhale challenging the order of the Gujarat High Court which denied him bail in case related to alleged misappropriation of funds collected through crowdfunding.

The Tamil Nadu Government told the Supreme Court that it is not totally opposed to the route marches proposed to be carried out by the Rashtriya Swayamsevak Sangh (RSS) in the State but wanted it to be restricted with conditions in certain areas.

The Supreme Court of India stayed the arrest of the Vice Chancellor (Dr.) Rajendra Bihari Lal and Director Vinod Bihari Laland of Sam Higginbottom University of Agriculture, Technology and Sciences (formerly Allahabad Agricultural Institute) in connection with a mass religious conversion case.

The Supreme Court has extended the interim bail granted to Congress spokesperson Pawan Khera and listed his plea on 17th March 2023. Khera was arrested by Assam police from Delhi airport over his comment about Prime Minister Narendra Modi. The matter was listed before a bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala.

The Supreme Court reserved its verdict on the bail applications of Bhima Koregaon-accused and activists Vernon Gonsalves and Arun Ferreira, both of whom have been lodged in jail since August 2018 for alleged offences under the Unlawful Activities (Prevention) Act, 1967.

The Supreme Court adjourned the hearing in an appeal filed by activist turned politician Akhil Gogoi against the Gauhati High Court’s decision to set aside a discharge order in connection with offences under the Unlawful Activities (Prevention) Act, 1967, till Monday, March 13.

Abdul Nazir Maudany, the chairman of Kerala People’s Democratic Party (PDP) and a prime accused in the 2008 Bengaluru serial bomb blasts case, has approached the Supreme Court again seeking a relaxation of his bail conditions allowing him to live in his hometown in Kerala.

On February 23, 2023, Chief Justice of India (CJI) DY Chandrachud inaugurated the American Bar Association (ABA) Conference, a three-day international conference on "Law in Age of Glocalisation: Convergence of India and the West". During his keynote address, CJI Chandrachud highlighted the importance of inclusivity and diversity in the legal profession.

The Supreme Court issued notice in a plea filed by the All India Council of Mayors seeking to allow Mayors in Uttar Pradesh local bodies to continue in their offices till their successors are elected.

The Supreme Court refused to interfere with an order of the Rajasthan High Court quashing a FIR registered against a 22-year old over a physical relationship with a 16-year old girl which led to her pregnancy and child birth.

The Supreme Court of India asked the Centre to ascertain the number of deaths of tigers in the country in the recent past.

Chief Justice of India DY Chandrachud has expressed concerns about the rise of fake news and intolerance in the age of social media. While speaking at the inaugural function of the American Bar Association conference at New Delhi

Amid the Supreme Court registry preparing to commence a training process for lawyers before the introduction of a new e-filing system, the Supreme Court Advocates-on-Record Association has expressed a grievance that the association or any of its members were not consulted before deciding to launch the software.

Organized by the students of the Harvard Kennedy School and Harvard School of Business, the 20th edition of the annual Harvard India Conference was held on February 11 and 12, 2023. This year, as India completes 75 years of independence, the conference's theme, "Vision 2047: India at 100 Years of Independence," led to deliberations on the hopes and challenges for the next 25 years.

An inquiry commission needs to be set up for an impartial investigation to establish the whole gamut of factors that contributed to the 2020 north-east Delhi violence, and to determine the adequacy of the response of the state and its instrumentalities before, during, and after the riots, suggested former Supreme Court judge Madan Lokur. “The whole nation deserves to know what happened here in February 2020.”

In the Shiv Sena case between Eknath Shinde and Uddhav Thackeray groups, the powers of the Governor were debated at lengths in the Supreme Court.

The Supreme Court has refused the plea of an aspirant to reserve fifty per cent of seats in the National Defence Academy for women.

The Supreme Court agreed to consider the question of whether a high court could refuse to entertain an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 on the ground that the applicant did not approach a sessions court first.

A section of the Supreme Court Bar Association has expressed unhappiness at Senior Advocates Kapil Sibal and Neeraj Kishan Kaul for apologising to the Chief Justice of India on behalf of the bar over the remarks made by SCBA President Vikas Singh.

The Supreme Court of India will host the 18th meeting of the Chief Justices of the Member States of Shanghai Cooperation Organisation (SCO) from March 10 to March 12, 2023 with a view to develop judicial cooperation among Member States.

A delegation of the Supreme Court of Kenya, led by Chief Justice of the Supreme Court of Kenya, Justice Martha K. Koome, EGH, called on President of India, Smt Droupadi Murmu at Rashtrapati Bhavan and held discussions with Professor SP Singh Baghel, the Minister of State for Law and Justice and the officials of the Ministry.

The Union Ministry of Health And Family Welfare has filed its preliminary affidavit in a petition challenging the blood donor guidelines in so far as they impose a blanket ban on Transgender persons, gay men, female sex workers, etc. from donating blood.

Supreme Court judge Justice BV Nagarathna said that the Constitution of India is stronger now because of the Kesavananda Bharati judgment, which laid down the basic structure doctrine.

The notion of marriage itself necessarily presupposes a union between two persons of the opposite sex, said the Central Government in its counter-affidavit filed in the Supreme Court opposing a bunch of petitions which seek legal recognition for same-sex marriage.

Eighteenth meeting of Chief Justices/Chairpersons of the Supreme Courts of the Shanghai Cooperation Organization (SCO) Member States was held in New Delhi under the Presidency of Chief Justice of India, D.Y. Chandrachud from 10-11 March, 2023 with an aim to foster effective judicial cooperation among the Member States.

The Supreme Court made absolute the interim stay on the order of the Uttarakhand High Court banning religious outfits/bodies and statutory panchayats/local panchayats/group of people in the state from issuing 'fatwas' or similar diktats.

Supreme Court judge Justice Ajay Rastogi urged all advocates to undergo a training course in mediation by "sparing time" or even "sparing briefs", remarking that it would "change (their) lifestyle, (their) response to clients, (their) perception towards not just (themselves) but to the family also"

The Supreme Court on Tuesday refused to entertain petitions challenging the Kerala High Court's judgment dated May 25, 2022, which held that quarrying was not permissible in lands assigned for cultivation as per the provisions of the Kerala Land Assignment Act.

Former Attorney General for India and Senior Advocate KK Venugopal has written to the President of the Supreme Court Bar Association Vikas Singh advising him to not allow the passing of the resolutions proposed against Senior Advocates Kapil Sibal and Neeraj Kishan Kaul.

The Supreme Court has directed that all the retail petroleum outlets located in cities having population of more than 10 lakh and having turn over of more than 300 KL/Month shall install the Vapour Recovery System(VRS) mechanism. This should be done within the fresh time line prescribed in the circular issued by the Central Pollution Control Board on June 4, 2021.

Telangana CM's daughter and Bharat Rashtra Samithi (BRS) leader K. Kavitha has moved the Supreme Court challenging ED summons in relation to the Delhi Excise Policy case.

The Supreme Court issued notice to the Gujarat police on the petition filed by Trinamool Congress spokesperson Saket Gokhale challenging the order of the Gujarat High Court which denied him bail in case related to alleged misappropriation of funds collected through crowdfunding.

The Supreme Court affirmed the order passed by the Allahabad High Court in 2017 for the removal of a mosque named "Masjid High Court" from its premises.

The Supreme Court of India orally asked the Central Bureau of Investigation to not begin an investigation into an alleged conspiracy by the Bharatiya Janata Party to poach Telangana’s Bharat Rashtra Samiti legislators.

The Supreme Court warned the Ministry of Defence against "taking the law in their own hands" in the matter concerning the disbursement of arrears to eligible pensioners of the armed forces under the One Rank One Pension (OROP) scheme

In a significant development, the Supreme Court referred to a Constitution Bench a batch of petitions seeking legal recognition for same-sex marriages, observing that it was a matter of "seminal importance".

While hearing petitions seeking legal recognition for same-sex marriage, Chief Justice of India DY Chandrachud dispelled the assumption that a child adopted by a same-sex couple will necessarily be a homosexual.

In a plea seeking directions to stop alleged attacks against Christian priests and Christian institutions across the country, the Supreme Court bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala directed the State of Jharkhand file its verification report regarding the violence alleged in the plea.

In a plea alleging that certain detenues detained under the provisions of Jammu and Kashmir Public Safety Act, 1978 had been shifted from local district and central jails within Jammu and Kashmir to prisons in other States of the country, the Supreme Court directed the Union and the State of Jammu and Kashmir to place their counter affidavits on record.

The Supreme Court dismissed as withdrawn a plea seeking to curb the killing of animals and to switch over to lab-generated meat for human consumption.

The Supreme Court witnessed a rare sight of one bench openly expressing its disapproval of another bench assigning a case to it. The well established practice of the Court is that the Chief Justice of India assigns cases to benches exercising the powers of "master of roster".

The Karnataka Lok Ayukta has moved the Supreme Court challenging the Karnataka High Court's order granting interim anticipatory bail to BJP MLA in a bribery case.

The Supreme Court has agreed to hear the writ petition filed by the Telangana Government seeking directions to Governor Tamilisai Soundararajan to clear ten bills passed by the legislative assembly, which are awaiting her assent.

President of NLC (National Lawyers' Campaign for Judicial Transparency and Reforms) and Advocate, Mathews J. Nedumpara has moved the Supreme Court against designation of Advocates as "Senior" under Sections 16 and 23(5) of the Advocates Act, 1961.

Chief Justice of Kenya Martha K. Koome was present in the first bench of the Supreme Court afternoon to witness the Constitution Bench hearing in the ShivSena Case.

The Supreme Court remarked that the trial in the Lakhimpur Kheri violence case, in which Union Minister Ajay Mishra's son Ashish Mishra is an accused, is "not slow paced".

Several members of the Supreme Court Bar Association have expressed anguish at the resolutions proposed by certain other members of the Association to reprimand Senior Advocates Kapil Sibal and Neeraj Kishan Kaul for apologising to the Chief Justice of India for the outbursts of SCBA President Senior Advocate Vikas Singh.

The Supreme Court of India clarified that the caste of parties shouldn’t be mentioned in the cause titles of judgements.

The distinction between a split in Shiv Sena, as alleged by the Uddhav Thackeray-led camp, and the claim of a ‘rebel faction’, as used as a defence by Eknath Shinde and his followers, is very thin, the Supreme Court orally said during the hearing.

The Nagaland State Election Commission informed the Supreme Court that the local body elections in the State have been notified and are to take place on 16th May, 2023. The Apex Court directed that the election schedule notified by the Commission should not be disturbed at any cost.

The Supreme Court asked the Union Government to respond to the allegation that Communist Party of India (Marxist) (CPI(M)) leader Mohammed Yousuf Tarigami was kept under detention without any formal order in 2019 in the aftermath of the abrogation of the special status of Jammu and Kashmir.

In a pathbreaking development, the Bar Council of India has decided to permit foreign lawyers and law firms to practice foreign law in India on reciprocity basis. The areas of practice of law by a foreign lawyer or Foreign Law Firm shall be laid down by Bar Council of India, in consultation with the Law Ministry, if need be.

Much higher than the evil of defection is the principle of majority rule in this country, senior advocate Mahesh Jethmalani said on Tuesday(March 14) while appearing for the Eknath Shinde-led Shiv Sena faction before a constitution bench.

The Supreme Court issued notice to an advocate for "aggravated contempt of court" for asking the National Company Law Tribunal to ignore an order passed by the Top Court as "nullity".

Following the opposition by many lawyers, including several prominent Senior Advocates, the Executive Committee of the Supreme Court Bar Association decided to cancel the General Body Meeting which was convened tomorrow to discuss the resolutions proposed against Senior Advocates Kapil Sibal and Neeraj Kisan Kaul.

While hearing the Shiv Sena case, a Constitution Bench of the Supreme Court raised important questions on the decision taken by the Maharashtra Governor to call for a floor test based on the rebellion of Eknath Shinde-led faction.

The Supreme Court commenced with the hearing of the pleas seeking modification to the extant guidelines regarding the process of designation of Senior Advocates practicing before the Supreme Court as well as the High Courts, which was set out in its 2017 judgment, Indira Jaising v. Supreme Court of India.

The Constitution bench of Supreme Court, while hearing the matter concerning the rift between the Uddhav Thackeray and the Eknath Shinde factions in Shivsena, discussed the powers and role of the Governor in calling for a trust vote.

There must be zero tolerance for sexual harassment and inappropriate behaviour towards women, inappropriate language targeting women, and even inappropriate jokes at the expense of women, said Chief Justice of India DY Chandrachud.

The term "aaaya ram, gaya ram", which originated in 1960-70s to describe the frequent spectacle of floor-crossing and horse trading in politics, was invoked by Senior Advocate Kapil Sibal in the Supreme Court while arguing the Shiv Sena case.

In the course of the hearing of a transfer petition in a rape matter, Supreme Court judge Justice Ajay Rastogi orally remarked that "the system has been such that, everybody wants disposal, disposal everyday, morning, evening, disposal goes on", adding that "you run behind disposal, then justice has to sacrifice".

Plans for releasing a legal glossary of inappropriate gendered terms used in legal discourse and creating a large space reserved for women lawyers in the Supreme Court annexe building are in the pipeline, revealed Chief Justice of India DY Chandrachud, while speaking at an event organised by the Gender Sensitisation and Internal Complaints Committee of the top court for a belated celebration of International Women’s Day.

A Constitution Bench of the Supreme Court reserved judgment in a batch of cases relating to the rift within the Shiv Sena party between Uddhav Thackeray and Eknath Shinde groups, which led to the change in the government in Maharashtra in July 2022.

The Supreme Court reserved judgment in the pleas seeking modifications in the guidelines regulating the conferment of designation of Senior Advocates as laid down in its 2017 judgment.

The Constitution bench of the Supreme Court enquired from the Thackeray faction how the Court could reinstate a Chief Minister who had not faced the floor test.

On the last day of the hearing, the bench comprising Chief Justice of India DY Chandrachud, Justice MR Shah, Justice Krishna Murari, Justice Hima Kohli, and Justice PS Narasimha heard the rejoinder of the Uddhav Thackeray faction argued by Senior Advocate Kapil Sibal, Senior Advocate AM Singhvi, and Senior Advocate Devadatt Kamat.

The Supreme Court urgently heard a petition filed by the State Bank of India to stay an order passed by the Bombay High Court which allowed a loan defaulter to travel abroad.

The Supreme Court indicated that it might relax the restrictions in the one-kilometer Eco-Sensitive Zone(ESZ) which has been mandated near protected forests and wildlife sanctuaries.

“We have become like micro-administrators,” the green bench of the Supreme Court said on March 13 while hearing an application moved by an expert committee constituted to “guide and direct” the National Tiger Conservation Authority with respect to India’s ambitious cheetah reintroduction programme.

In a set back to Cardinal George Alencherry, the Major Archbishop of Syro-Malabar Church, the Supreme Court refused to quash the criminal cases against him over alleged irregularities in the sale of properties belonging to Ernakulam-Angamalay Archdiocese.

The Supreme Court expressed its disinclination to pass judicial orders for converting a land measuring 1.33 acres, that was allotted to the Supreme Court, into chamber blocks for lawyers.

In the dispute related to the route marches proposed by the Rashtriya Swayamsevak Sangh (RSS) in Tamil Nadu, the State Government informed the Supreme Court that it has filed a new special leave petition against the original order passed by the Madras High Court single bench on September 22, 2022, which allowed the organisation to hold processions.

The Supreme Court issued notice on a plea by the union territory of Chandigarh against Punjab and Haryana High Court’s direction to the Punjab police to probe allegations against Chandigarh police of illegalities in the arrest of a city dentist last year.

The Law Ministry has disclosed that generally, it is not a practice to seek R&AW reports on proposals for appointment of judges in the High Courts and the Supreme Court.

A Special Leave Petition has been filed before the Supreme Court contending that partition of family property as per Shariat Law is discriminatory towards Muslim women inasmuch as it does not give equal share to a female compared to a male.

A few days after the Supreme Court of India cautioned the Central Bureau of Investigation to not continue an investigation into an alleged conspiracy by the Bharatiya Janata Party to poach Telangana's Bharati Rashtra Samiti legislators, a division bench of Justices Sanjiv Khanna and MM Sundresh on Friday gave the same warning to the Telangana police.

While adjourning a plea filed by gangster and Samajwadi Party leader Atiq Ahmad, the Supreme Court expressed displeasure that the petitioner's lawyer sought adjournment after getting the case urgently listed after mentioning it before the Chief Justice of India, DY Chandrachud.

While hearing a petition moved by a woman in 2014 seeking transfer of a defamation suit filed by a former judge of the Supreme Court from Delhi High Court pertaining to sexual harassment allegations, the Supreme Court was informed that both the parties have reached an agreement.

The Supreme Court issued notice in a plea filed by a lawyer and a young law intern alleging that they have fallen victim to communal frenzy. Both the women belonging to a minority community have approached the Apex Court under Article 32 of the Constitution of India asserting their right to life and liberty.

The Supreme Court of India passed guidelines to ensure better accessibility for candidates with disability to appear in CLAT examination.

The Supreme Court of India refused to entertain a petition seeking enforcement of the guidelines and directions laid down in Anuradha Bhasin v Union of India and Ors to prevent internet shut downs in the state of Rajasthan.

The Supreme Court clarified that the observations made by the Kerala High Court in Cardinal George Alencherry's case regarding canon law and the power of the Bishops to alienate church assets are prima facie in nature and no finality can be attached to them.

What women want is not to be put on a pedestal in society, but equal treatment as their male counterparts, whether it is in the workplace, at home, or on the public street, said Justice BV Nagarathna, Supreme Court judge, who is line to become the first woman chief justice of the country.

In a plea to reopen statutory panels in the Union Territory of Jammu and Kashmir, the Supreme Court asked the Union Government to consider bringing a mechanism which will allow people people in Jammu and Kashmir to file their complaints to the NHRC from J&K itself pertaining to human rights issues.

In the batch of petitions challenging religious conversion laws in various States, Citizens for Justice and Peace (CJP) highlighted before the Supreme Court that the State of Himachal Pradesh had re-enacted provisions directing prior intimation to district magistrate before conversion, despite such provisions being already struck down in the judgement of Evangelical Fellowship of India v. State of Himachal Pradesh.

In a PIL filed against the Supreme Court Registry because a party was not provided with the copy of petitions challenging the religious conversion laws, the Supreme Court bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala, reprimanded the party stating that every PIL was not a bona fide PIL.

While noting that a third party could not be allowed to intervene into somebody's application for bail, the Supreme Court of India refused to entertain Ghanshyam Upadhyay's challenge to Bombay High Court's order granting interim bail to Videocon Group Chairman Venugopal Dhoot.

A plea challenging the renaming of the city of Aurangabad to 'Chhatrapati Sambhajinagar' has been filed in the Supreme Court of India.

The Chief Justice of India Justice DY Chandrachud, participated as a speaker at the India Today Conclave on ‘Justice in the Balance: My idea of India and the importance of separation of powers in a democracy’. He particularly engaged in discussions on Constitutional democracy. This is the first time a sitting Chief Justice of India has agreed to take live question in the Conclave.

Union law minister Kiren Rijiju on Saturday accused a handful of retired ‘activist’ judges of trying to make the judiciary play the role of an opposition party, even to the extent of “going to the court and asking it to reign in the government”.

Regarding its recent decision to permit foreign lawyers and law firms to practice foreign law in India on a reciprocity basis, the Bar Council Of India issued a press release putting out some clarification in an attempt to put to rest certain 'misapprehension' and 'misinformation' surrounding the same.

The Supreme Court agreed to hear on March 27 a petition challenging the holding of board examination for students of Standards 5 and 8th in schools affiliated to the Karnataka state board.

The Supreme Court refused to accept the sealed cover note submitted by the Central Government in the matter relating to disbursal of pension arrears to retired defence personnel under the One Rank One Pension (OROP) scheme.

The 72-year-old victim in the Air India urination incident has moved the Supreme Court seeking directions to DGCA and Airline companies to lay down SoPs and regulations to deal with incidents of passenger misconduct on board.

The Supreme Court expressed surprise at a PIL which was filed seeking mandatory registration of live-in relationships.

Considering the financial difficulties cited by the Central Government in paying the pension arrears of retired defence personnel under the One Rank One Pension (OROP) scheme in one go, the Supreme Court allowed the Centre to clear the dues in a staggered manner.

The Indian Union Muslim League told the Supreme Court that the Bharathiya Janata Party (BJP) should also be made a respondent in a plea seeking to bar political parties with religious names and symbols, as the BJP's symbol lotus is a "religious symbol".

The Supreme Court refused to entertain a PIL seeking adoption of a permanent hybrid mode of hearings at the Bombay High Court and and all its Benches at Aurangabad, Nagpur, and Goa.

The Supreme Court on Monday directed all High Courts to to set up of online RTI Portals within three months, if they have not done so already. The direction was passed by a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala in the plea seeking mechanism to set up an online portal for e-filing Right to Information (RTI) applications and first appeals in High Courts.

The Supreme Court sought the response of the Union Government to the writ petition filed by the Telangana Government seeking directions to Governor Tamilisai Soundararajan to clear ten bills passed by the legislative assembly, which are awaiting her assent.

The Supreme Court clubbed the FIRs registered against Congress Spokesperson Pawan Khera at Varanasi and Assam over the comment made by him against the Prime Minister and transferred them to Police Station, Hazratganj, Lucknow.

The Supreme Court of India while hearing a petition filed by Dr Subramanian Swamy seeking an enquiry by the Central Bureau of Investigation into the role of Reserve Bank of India officials in various banking scams, asked the former Rajya Sabha MP to file an affidavit showing specific instances where the central agency had not proceeded against independent directors despite the availability of material.

The Supreme Court reserved its verdict in an appeal filed by activist-turned-politician Akhil Gogoi against the Gauhati High Court’s decision to set aside the order of the trial court which discharged him from a case under under the Unlawful Activities (Prevention) Act, 1967.

The Supreme Court expressed displeasure that the petition challenging the system of designating senior advocates has impleaded the Chief Justice of India and the Full Court of the Supreme Court as two of the respondents.

Rajya Sabha MP Dr Subramanian Swamy, once again mentioned the plea seeking National Heritage Status for the 'Ram Setu' before the Supreme Court of India.

The Supreme Court as an interim measure, directed the release of the salaries of seven judges of the Patna High Court which had been withheld following the closing of their GPF accounts.

The Supreme Court of India stated that the use of unlicensed firearms in the country should be curbed at all costs.

The Supreme Court said that there are large sections of people still living below the poverty line despite various “other” claims being made.

The Department of Empowerment of Persons with Disability in the Ministry of Social Justice and Empowerment (MSJE) presented before the Supreme Court of India a dashboard called "Manoashraya" today. The dashboard provided details of Rehabilitation homes (RH) and Halfway homes (HH) in India.

The Supreme Court agreed to list a petition filed by Software Freedom Law Centre, India (SFLC) challenging Internet Shutdowns in various states across the country.

In the plea seeking CBI enquiry in the Palghar mob lynching matter, the petitioners informed the Supreme Court that since the Maharashtra government had agreed to CBI enquiry in the matter, the plea could be disposed of.

CJI DY Chandrachud made headlines yesterday by refusing to accept the sealed cover note submitted by the Central Government in the matter relating to disbursal of pension arrears to retired defence personnel under the One Rank One Pension (OROP) scheme.

The Supreme Court listed the batch of petitions challenging the Electoral Bonds scheme on April 11 2023 to decide if the matter should be referred to Constitution Bench. The bench comprising CJI DY Chandrachud and Justice PS Narasimha heard the matter.

The Supreme Court refused to issue directions in individual applications emanating from alleged hardships faced due to the decision of the Union Government to demonetise high-value currency notes of Rs 500 and Rs 1000.

The Supreme Court stayed the National Green Tribunal's order imposing an environmental compensation of 120 crores rupees on the State of Uttar Pradesh for discharging untreated sewage into the rivers of Gorakhpur District and improper solid waste management.

The Supreme Court expressed its inclination towards constituting an expert committee to determine if the execution of death penalty through hanging was proportionate.

Supreme Court orally said that it was not concerned with the political affiliations of the petitioners who have filed petitions challenging the third extension given to the term of ED Director SK Mishra and also the CVC Amendment Act 2021.

The Supreme Court has recorded its appreciation for the Orissa High Court for using technology to improve the access to justice for people from far flung areas of the State.

The Supreme Court initiated suo motu contempt proceedings against an Inspector of Police in the State of Tamil Nadu for suppressing material facts in an affidavit filed before the Court.

The Supreme Court was irked to note that even after 10 months of the judgment being passed, the District judiciary is not complying with directions issued in Satender Kumar Antil vs Central Bureau Of Investigation 2022 LiveLaw (SC) 577, wherein it had laid down elaborate guidelines regarding arrest and bail. It observed that the non-compliance would have a dual ramification - a) sending people to custody when not required to be sent; b) creating further litigation, both of which the Court believed could not be countenanced.

The Supreme Court cautioned judges against passing adverse remarks in court, unless accompanied by a proper justification, in the right forum, and necessary to meet the ends of justice.

Pulling up the Karnataka Industrial Areas Development Board, Supreme Court Judge MR Shah opined that it is the "worst authority" in Karnataka in terms of corruption.

The Supreme Court sought the response of the High Courts to the suggestions made by amicus curiae Senior Advocate Vijay Hansaria for expediting the trail in the cases against sitting and former MPs/MLAs.

The Supreme Court listed the pleas concerning the constitutional validity of the Marital Rape exception on May 9, 2023.

The Supreme Court once again agreed to constitute a special bench to hear pleas challenging the order of Gujarat Government allowing the premature release of 11 convicts sentenced to life in Bilkis Bano case.

Chief Justice of India DY Chandrachud urged lawyers to follow the directions of the Supreme Court registry to produce typed copies of High Court judgements, which are unreadable owing to the presence of large watermarks on them.

The Supreme Court granted bail to a law intern from Indore who has been under custody since January 28. The petitioner named Sonu Mansoori had approached the Court alleging that she was heckled and attacked by a group in Indore court premises and the police, instead of taking action against the miscreants, arrested her.

A petition challenging Madhya Pradesh High Court’s decision to allow the state government to hold board examinations for classes five and eight has been filed in the Supreme Court of India.

The Supreme Court bench comprising Chief Justice of India DY Chandrachud and Justice Hima Kohli recently upheld the notification issued by the Central Government in 2019 to abolish the Odisha Administrative Tribunal (OAT) and dismissed the petition filed by the Odisha Administrative Tribunal Bar Association challenging the Orissa High Court's decision which upheld the abolition of OAT.

In a resolution passed, the Supreme Court Collegium has made certain strong critical remarks against the Central Government for selectively approving names, by withholding certain other names which were recommended for elevation earlier in time.

Senior Advocate Dushyant Dave said that his criticism of the judiciary was never personal and added that he loved and respected the institution.

The vibrancy of democracy is compromised when the press is prevented from speaking truth to power and asking difficult questions to the establishment, said Chief Justice of India DY Chandrachud.

The Supreme Court bench comprising CJI DY Chandrachud, Justice P.S Narasimha, and Justice JB Pardiwala passed an order directing the Central government to file a counter affidavit within four weeks in the matter concerning the protection of the Western Ghats.

The Supreme Court asked the Union Government to play a proactive role in the endeavour made by the neighbouring States of Punjab and Haryana to find workable solutions in relation to the Sutlej-Yamuna Link (SYL) canal dispute.

The carrot-and-stick policy of granting piecemeal extensions of only one year at a time to chiefs of investigating agencies threatened the independence of the institutions since the heads would either be perceived to have or would actually be compelled to compromise their duties towards the end of their tenure to secure an extension, Senior Advocate Gopal Sankaranarayanan told the Supreme Court.

The Supreme Court adjourned the hearing in a batch of pleas filed by Teesta Setalvad in relation to three FIRs lodged against the couple over alleged embezzlement of funds raised for victims of 2002 Gujarat riots.

Amid calls for greater diversity and inclusion in the higher judiciary, the Supreme Court Gender Sensitisation and Internal Complaints Committee has received a representation on the need for infrastructural inclusivity in the top court and queer representation on the committee.

The Supreme Court noticed that a very large number of orders remanding accused to custody in violation of the directives issued by the top court are coming from Uttar Pradesh.

14 political parties including the Indian National Congress, Aam Aadmi Party and Shiv Sena have moved the Supreme Court against alleged arbitrary use of central investigating agencies Enforcement Directorate and Central Bureau of Investigation in arresting opposition leaders.

The Supreme Court refused to entertain a petition challenging the renaming of the city of Aurangabad to 'Chhatrapati Sambhajinagar' stating that the matter had been seized of by the High Court of Bombay.

In a significant step, fourteen political parties approached the Supreme Court against the alleged use of central investigating agencies such as Enforcement Directorate and Central Bureau of Investigation in arresting opposition political leaders and other citizens exercising their fundamental right to dissent and disagree with the present Union Government.

A Division Bench of the Supreme Court directed the Registry to list the petition challenging the system of designating senior advocates before a three-judge Bench.

The green bench of the Supreme Court of India directed a committee appointed by it for monitoring the implementation of its orders and highlighting incidents of non-compliance, to be reconstituted with younger members.

The pleas challenging the order of Gujarat Government allowing the premature release of 11 convicts sentenced to life in Bilkis Bano case has been listed before the Supreme Court bench comprising Justice KM Joseph and Justice BV Nagarathna on March 27 2023.

The Supreme Court disposed of the defamation suit filed by a former SC judge against a woman who raised sexual harassment allegations him.

The Supreme Court refused to entertain a PIL seeking a framework which would allow citizens to petition directly to the Parliament. The bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala heard the matter.

In a temporary relief to three legal aid defence counsels, the Supreme Court stayed the letter of the Bar Association Committee, Bharatpur which suspended them from the Association.

The Supreme Court dismissed a petition seeking the protection of research done by scholars in the form of thesis to avoid its misuse or plagiarism.

A plea challenging the automatic disqualification of representatives of elected legislative bodies, upon being convicted of any offence and sentenced to imprisonment for not less than two years as per Section 8 (3) of the Representatives of the People Act, 1951 (1951 Act) has been filed before the Supreme Court of India.

The Supreme Court expressed displeasure that the executing court (Additional District and Sessions Judge, 15th Court, Alipore) had adjourned a matter wherein the Apex Court had categorically directed it to conduct the hearing in the execution proceedings on a day to day basis.

The President of Supreme Court Bar Association (SCBA) Senior Advocate Vikas Singh has written a letter to CJI DY Chandrachud seeking an audience to be granted to the Executive Committee of the SCBA to discuss various matters such as the issue pertaining to the conversion of 1.33 acres of the land allotted to the Top Court by the Central Government as space for lawyers' chambers, elevation of Supreme Court lawyers to various High Courts, and expeditious and regular designation of Supreme Court lawyers.

A plea has been moved before the Supreme Court seeking the construction of a wall at the Ram Setu site 'in the sea' for a few meters/kilometers to enable its 'Darshan' by all living creatures of God on the ground that its darshan guarantees Moksha.

Supreme Court To Hear Tomorrow Lakshadweep MP's Plea Against Lok Sabha Not Revoking Disqualification Despite Suspension Of Conviction

The Supreme Court agreed to list tomorrow a fresh petition filed by Lakshadweep MP Mohammed Faizal seeking permission to attend the Lok Sabha as his conviction has been stayed.

Hathras Crime : Supreme Court Dismisses UP Govt's Plea Challenging HC Direction To Give Job To Family Member Of Victim

The Supreme Court dismissed a petition filed by the State of Uttar Pradesh challenging the Allahabad High Court's direction to consider giving job to a family member of the Hathras crime victim and to relocate the family from Hathras.

Supreme Court Issues Notice In Karnataka Lokayukta’s Plea Challenging Interim Anticipatory Bail Grant To BJP MLA In Bribe Case

The Supreme Court issued notice in a plea by Karnataka Lokayukta challenging the Karnataka High Court's order granting interim anticipatory bail to BJP MLA, K. Madal Virupakshappa, in a bribery case. The High Court order was not stayed.

RSS Route March : Supreme Court Reserves Verdict On Tamil Nadu Govt's Challenge Against HC Allowing March Without Conditions

The Supreme Court reserved its verdict on the Tamil Nadu government’s plea against a division bench of the state high court allowing Rashtriya Swayamsevak Sangh (RSS) to conduct route marches without the conditions imposed by a single judge of the court.

Many Murder Case Convicts Languish Without Remission For Years; Have Uniform Standards Been Applied In Bilkis Bano Case? Supreme Court Asks

While deciding to hear the petitions challenging the remission granted in the Bilkis Bano case, the Supreme Court asked if uniform standards as in other murder cases have been followed while allowing the premature release of 11 convicts who were sentenced to life for multiple murders and gang-rapes during the 2002 Gujarat riots.

Can A Woman Be Summoned To ED's Office In PMLA Case? Supreme Court To Consider In BRS Leader K Kavitha's Plea

The Supreme Court posted the petition filed by Telangana CM's daughter and Bharat Rashtra Samithi (BRS) leader, K. Kavitha, challenging ED summons in relation to the Delhi Excise Policy case, after three weeks.

Agnipath Scheme : Supreme Court Agrees To Hear Plea To Complete Recruitment Process Initiated Earlier

The Supreme Court agreed to hear a petition challenging the Delhi High Court's judgement upholding the Agnipath Scheme, as per which those between 17-and-a-half and 23 years of age were made eligible to apply for armed forces to be inducted for a four-year tenure.

Supreme Court Refuses To Entertain Plea Seeking Uniform Age Of Marriage For Men & Women

The Supreme Court dismissed another petition seeking for uniform age of marriage for men and women. The matter was listed before a bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala.

Supreme Court Directs Punjab Govt To Continue Steps To Stop Illegal Transportation Of Spurious Liquor & Illegal 'Bhatthis'

The Supreme Court, on Monday, closed proceedings in a plea pertaining to the issue of large-scale manufacture and sale of illicit liquor in the state of Punjab.

Supreme Court Seeks Response Of J&K HC On Plea Alleging Backdoor Appointments Of Administrative Staff

The Supreme Court sought a response from the Jammu and Kashmir on a petition which alleged that backdoor appointments of administrative staff were taking place at the J&K judiciary.

Advocates' Strikes | BCI Agrees Before Supreme Court To Suggest Nature Of Grievances Which Redressal Committees Can Consider

The Bar Council of India agreed before the Supreme Court to suggest the nature of grievances which can be considered by the Grievance Redressal Committees, which are proposed to be set up at local levels to avert the strikes by lawyers.

Supreme Court Suggests Meeting Between DCPCR & Ministry of Women & Child Development To Discuss 2021 Amendment To JJ Act

The Supreme Court suggested that a meeting be held between the Delhi Commission for Protection of Child Rights (DCPCR) and the Union Ministry of Women and Child Development so that a discussion could take place on the issue of 2021 amendments made to the Juvenile Justice (Care and Protection) Act 2015 (JJ Act).

HC Stayed NGT Order After It Was Affirmed By Supreme Court? SC Directs Registry To Communicate Its Orders To Kerala High Court

On being told that the Kerala High Court has stayed an order of the National Green Tribunal - which was earlier upheld by the Supreme Court- the Top Court directed its Registry to communicate its orders to the Registrar General of the High Court.

Supreme Court Directs Union Ministry Of Minority Affairs To Engage With States Which Have Not Constituted Haj Committees

The Supreme Court has directed the Union Ministry of Minority Affairs to engage with States which have not yet constituted Haj Committees in their respective States. The bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala was hearing a matter pertaining to the constitution of a Central Haj Committee prescribed under Section 3 read with Section 4 of the Haj Committee Act, 2002 and State Haj Committees as per Section 17 of the Act.

Horizontal Reservation For Transgender Persons : Supreme Court Refuses To Entertain Plea To Clarify NALSA Judgment

The Supreme Court refused to entertain an application which sought a clarification that the reservation meant for transgender persons as per the 2014 judgment in the NALSA case is horizontal reservation.

Supreme Court Adjourns Sanjiv Bhatt's Plea To Adduce Additional Evidence In Custodial Death Case To April 18

The Supreme Court granted time to the State of Gujarat to file its counter affidavit in a plea filed by former IPS officer Sanjiv Bhatt seeking to adduce additional evidence in the criminal appeal filed by him in the Gujarat High Court challenging his conviction in a 1990 custodial death case.

Gyanvapi Mosque Case | Supreme Court Agrees To List Plea For Consolidating All Suits On April 21, 2023

The Supreme Court agreed to list a plea seeking the consolidation of all suits filed in connection with the Gyanvapi Mosque dispute on 21st April 2023.

Umesh Pal Murder Case: Supreme Court Refuses To Entertain Atiq Ahmad's Plea For Protection

The Supreme Court declined relief to gangster-turned-politician Atiq Ahmad who raised the apprehension that he would be gunned down by the Uttar Pradesh police in a fake encounter. The former Lok Sabha member is the prime accused in the sensational murder of Umesh Pal, a key witness to a Bahujan Samaj Party legislator’s murder in 2005.

Supreme Court Allows Local Body Elections In Uttar Pradesh With OBC Quota

The Supreme Court permitted notifications for setting up the election process for the local bodies in the State of Uttar Pradesh with OBC quota within two days. It allowed the State Election Commission to issue a notification in this regard in two days with an OBC quota in terms of a report of the Uttar Pradesh Backward Classes Commission.

Why Only 3 Hazardous Pesticides Banned Though Expert Panel Recommended Banning 27? Supreme Court Asks Centre

In a plea seeking weeding out of harmful chemicals and pesticides being used in India causing severe health hazards to farm workers, people living in the vicinity, and the consumers, the Supreme Court asked the Union Government why action had only been taken with respect to three pesticides.

Is Right To Represent A Constituency A Fundamental Right? Supreme Court Asks In Lakshadweep MP Mohammed Faizal's Plea

Is the right to represent a constituency a fundamental right, the Supreme Court asked on Tuesday, while considering a petition filed by Lakshadweep MP PP Mohammed Faizal's petition challenging the Lok Sabha Secretariat's refusal to revoke his disqualification despite the High Court staying his conviction in a criminal case.

MBBS : Supreme Court Allows Repatriated Foreign Medical Students In Penultimate Year To Clear Final Exams In Two Attempts

The Supreme Court disposed of a batch of petitions by repatriated Indian medical students from Ukraine, China, the Philippines, etc after the central government informed the court that as a one-time extraordinary measure, penultimate year students would be allowed to take the MBBS examination without being enrolled in any Indian medical college.

Supreme Court Issues Notice On Congress MLA's Plea Challenging Constitutionality Of Sections 50 & 63 Of PMLA

The Supreme Court issued notice in a plea challenging Section 50 and Section 63 of the Prevention of Money Laundering Act (PMLA), 2022.

Supreme Court Stops Authorities From Demolishing Temporary Shelters For Homeless In Delhi Without First Approaching Court

The Supreme Court restrained the Delhi Urban Shelter Improvement Board (DUSIB), Delhi Police, Delhi Development Authority (DDA) and all other authorities operating in the National Capital Territory of Delhi from demolishing temporary shelters for the homeless without getting the prior permission of the Court.

Don’t You Think That To Maintain Communal Harmony, Abjuring Hate Speech Is Necessary? Supreme Court Asks Solicitor General

The Supreme Court adjourned the hearing of contempt petition in a batch of pleas seeking directions to regulate hate speech, till 29.03.2023.

Telangana Govt Plea Over Bills Pending With Governor : Solicitor General To Inform Supreme Court About Updated Position On April 10

In the petition filed by the Telangana Government against the Telangana Governor over the delay in the giving assent to bills, the Supreme Court on March 27 granted adjournment to enable the Solicitor General of India Tushar Mehta to apprise the Court of the updated position. The matter will be next heard on 10 April 2023.

Chhawla Rape-Murder Case : Supreme Court Affirms Acquittal Of Death Row Convicts; Dismisses Review Petitions

The Supreme Court has dismissed the review petitions against the acquittal of the three persons who were sentenced to death for the gang-rape and murder of a 19-year-old girl in Delhi’s Chhawla area in 2012.

'Out Of Box Thinking Needed To Declog Prisons' : Supreme Court Tells Centre, States

The Supreme Court reiterated its out of the box suggestions to unclog jails in commemoration of the 75th year of independence.

Day After Female Cheetah ‘Sasha’ Dies, Supreme Court Seeks Qualifications Of Experts On Environment Ministry’s Task Force

One day after the death of Sasha, a female Cheetah brought from Namibia and released in Madhya Pradesh’s Kuno, the absence of experts in the Cheetah Task Force was flagged before the Supreme Court of India. The four-and-a-half-year-old feline died on March 27 due to renal failure less than a year after she was translocated to the Kuno National Park, along with seven other cheetahs.

Supreme Court Dismisses IMA Bihar's Plea Challenging Minimum Percentile Criteria For NEET-PG Admissions

The Supreme Court on March 27 dismissed a special leave petition filed by Indian Medical Association Bihar State Branch challenging a Delhi High Court judgment which upheld the regulation mandating minimum marks of 50th percentile in National Eligibility-Cum-Entrance Test (NEET) for admission to postgraduate courses.

Telugu Daily 'Eenadu' Alleges AP Govt Order Promotes 'Sakshi' Newspaper Owned By CM; Supreme Court Issues Notice

The Supreme Court issued notice in a petition filed by Ushodaya Publications, which owns a leading Telugu daily "Eenadu", challenging the Government Order (GO) allegedly aimed at improving sales of "Sakshi" newspaper (allegedly owned and controlled by Chief Minister of Andhra Pradesh) to all the village and ward secretariats.

Plea Alleging Attacks Against Christians | Supreme Court Asks MHA To Give Details Of States' Compliance With Guidelines To Prevent Mob Violence

In a plea seeking directions to stop alleged attacks against Christian priests and Christian institutions across the country, Supreme Court has directed the Union Ministry of Home Affairs to collate a report on States' compliance with the directions issued in the judgment of Tehseen Poonawalla v. Union of India against mob violence.

State Is Impotent And Powerless, Why Can’t States Develop Mechanism To Stop Hate Speech? Supreme Court

The Supreme Court repeated its concerns over failure of authorities to take prompt action against instances of hate speech.

MP Mohammed Faizal Case : HC's Concerns About Election Expenses Irrelevant To Stay Conviction, Says Supreme Court During Hearing

The Supreme Court orally remarked that the concerns expressed by the Kerala High Court regarding election expenses while suspending the conviction of Lakshadweep MP PP Mohammed Fazil were totally irrelevant.

Supreme Court Collegium Proposes Transfer Of 2 High Court Judges; Rejects Request Of One HC Judge Against Transfer

The Supreme Court Collegium has recommended the transfer of three High Court judges. Justice V M Velumani of Madras High Court is proposed to be transferred to Calcutta High Court. Justice Sanjiv Prakash Sharma, judge of the Patna High Court, is proposed to be transferred to the Punjab and Haryana High Court.

Supreme Court Affirms Mandatory E-Filing In DRTs & DRATs, Says Other Courts Should Replicate It

In a plea filed by the Madhya Pradesh High Court Bar Association, the Supreme Court affirmed mandatory e-filing in Debts Recovery Tribunals (DRTs) and Debts Recovery Appellate Tribunals (DRATs). The court, while remarking that other Courts and Tribunals should also replicate the model of mandatory e-filing, also passed certain directions to make e-filing more accessible for everyone.

'Why Presume Women Are Bad At Technology?' : CJI DY Chandrachud Disapproves Of Plea To Exempt Female Lawyers From E-Filing

The Supreme Court, in a plea filed by the Madhya Pradesh High Court Bar Association, affirmed mandatory e-filing in Debts Recovery Tribunals (DRTs) and Debts Recovery Appellate Tribunals (DRATs). While doing so CJI DY Chandrachud, who was leading the bench also comprising Justice PS Narasimha and Justice JB Pardiwala expressed his disapproval of the presumption that women practitioners would need an exemption to the rule of mandatory e-filing.

Supreme Court Issues Notice On Delhi Government's Plea Against LG Appointing 10 Nominated Members To MCD

The Supreme Court issued notice in Delhi Government's petition seeking the quashing of notifications through which the Lieutenant Governor (LG) of Delhi appointed ten nominated members to the Municipal Corporation of Delhi (MCD) on his own initiative, and not on the aid and advice of the Council of Ministers.

Supreme Court To Hear Abdullah Azam Khan’s Plea To Stay Conviction Which Led To His Disqualification As MLA On April 5

The Supreme Court agreed to take up the plea filed by Mohammed Abdullah Azam Khan, who has now been disqualified from Uttar Pradesh Legislative Assembly two days after he was convicted and sentenced to 2 year imprisonment in a 15-year-old case.

Supreme Court Comes Down Heavily On TN Govt For Not Complying With Order On Premature Release Of Sri Lankan Citizen

The Supreme Court of India recently pulled up the Tamil Nadu State government for not complying with an earlier direction of the Court to consider the premature release of a convicted Sri Lankan citizen, incarcerated for over 33 years.

For Out Of Turn Promotion, Parity Can't Be Claimed : Supreme Court

The Supreme Court held that out of turn promotions can’t be claimed as a matter of right under the Madhya Pradesh Police Regulations.

Board Exams For Classes 5 & 8 : Karnataka Unaided Schools Management Association Withdraws Plea In Supreme Court

The Karnataka Unaided Schools Management Association has withdrawn the petition filed in the Supreme Court challenging the interim order passed by the Karnataka High Court division bench which stayed a single bench decision to stop the State Government's move to hold board exams for Classes 5 and 8.

Can't Declare Entire Animal Kingdom As Legal Entity With Same Rights As Humans : Supreme Court Dismisses PIL

The Supreme Court dismissed a Public Interest Litigation (PIL) seeking for declaration of the entire animal kingdom, including avian and aquatic species, as "legal entities" having a distinct persona with corresponding rights of a living person.

Supreme Court Again Expresses Anguish At Trial Courts Ignoring Its Judgments On Bail; Says Prosecutors Should Also Inform Correct Position

The Supreme Court has yet again expressed its anguish at trial courts dismissing bail applications in violation of its judgments. In this case, after setting aside an order passed by a Magistrate in Bihar, the Court directed that the regular bail application be assigned to another Magistrate. The Court also granted interim protection to the accused till the regular bail application is considered.

Supreme Court Issues Notice In Petition Challenging Ongoing Recruitment Process Of Different CATs

The Supreme Court issued notice in a petition challenging the ongoing recruitment process of Judicial Members for the 19 Central Administrative Tribunals (CATs) across the country.

Supreme Court Monthly Round-Up (March 2023)

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