Citations: 2023 LiveLaw (SC) 822 To 2023 LiveLaw (SC) 843

SUBJECT WISE INDEX

Abortion

'No immediate threat to mother's life; no foetal abnormality' : Supreme Court rejects married woman's plea to abort 26-week pregnancy. X v. Union of India, 2023 LiveLaw (SC) 840

Advocate

Supreme Court directs Manipur bar associations to not prevent lawyers of any community from appearing before courts; warns of contempt action. Dinganglung Gangmei v. Mutum Churamani Meetei, 2023 LiveLaw (SC) 837

Arbitration

Is an Arbitration Clause in an unstamped agreement enforceable? Supreme Court Refers N.N. Global Mercantile Pvt. Ltd. v. Indo Unique Flame Ltd; 2023 LiveLaw (SC) 343 to a Seven-Judge Bench. Bhaskar Raju and Brothers v. Dharmaratnakara Rai Bahadur Arcot Narainswamy Mudaliar Chattram and Other Charities, 2023 LiveLaw (SC) 828

Army

The Supreme Court extends disability pension claim of army veteran for 10 years as allowed under pension regulations for the army. Ex L/NK Rajput Ajit Singh v. Union of India, 2023 LiveLaw (SC) 831

Bail

Rape and Murder – Delay in Trial – The appellant, convicted of raping and murdering his niece in 1983, remained on bail during the 40-year trial. The High Court declined to suspend his sentence. Held, bail granted considering the delay in trial and the appellant's age (75 years) urging stringent bail conditions. The Court emphasized prioritizing the appellant's appeal and cautioned the appellant, a Bar member, against unnecessary adjournments. Non-compliance could lead to bail cancellation. Appeal allowed on these terms. Banamali Choudhury v. State of West Bengal, 2023 LiveLaw (SC) 836

Civil Law

Revision petition under Section 115 CPC cannot be entertained against order of trial court rejecting review of decree. Rahimal Bathu v. Ashiyal Beevi, 2023 LiveLaw (SC) 829 : 2023 INSC 861

Constitution of India

Do MPs/MLAs taking bribe for votes have immunity from criminal law ? The Supreme Court refers to 7-judge bench. Sita Soren v. Union of India, 2023 LiveLaw (SC) 823 : 2023 INSC 856

Contract Law

Courts should exercise restraint while exercising judicial review in contracts involving complex technical issues. BTL EPC Ltd.  v. Macawber Beekay Pvt. Ltd; 2023 LiveLaw (SC) 834

Principle of judicial restraint in reviewing contracts that entail complex technical issues - A dispute arose following the award of a subcontract by Bharat Heavy Electricals Limited (BHEL) for the Yadadri Thermal Power Station. The 1st Respondent contended that the Appellant's consortium agreement with a Chinese company breached a 2020 Finance Ministry order concerning bidders from countries sharing a land border with India. The High Court quashed the letter of intent awarded to the Appellant. Held, the Courts should exercise restraint while exercising judicial review in contracts involving complex technical issues. The courts should not act as appellate courts over tender-inviting authorities. Such authorities are best positioned to interpret tender documents, and judicial interference should be restricted to examining arbitrariness or mala fides. Interference in writ appeals should only occur in cases of perversity or error. (Para 36 & 37) BTL EPC Ltd. v. Macawber Beekay Pvt. Ltd; 2023 LiveLaw (SC) 834 : 2023 INSC 864

Dowry

Dowry death case - the Supreme Court surprised at HC using the same dying declaration to convict husband while disbelieving it for father-in-law. Phulel Singh v. State of Haryana, 2023 LiveLaw (SC) 833 : 2023 INSC 863

Education

'No quality education if a student is penalised based on religion' : Supreme court slams UP Govt & police on Muzaffarnagar student slapping. Tushar Gandhi v. State of Uttar Pradesh, 2023 LiveLaw (SC) 843

Prescribe minimum marks requirement for languages other than Tamil & English also in Tamil Nadu schools: Supreme Court in linguistic minorities' plea. Linguistic Minorities Forum of Tamil Nadu v. State of Tamil Nadu, 2023 LiveLaw (SC) 839

Election

Supreme Court dismisses PIL seeking independent audit of EVM source codes. Sunit Ahya v. Election Commission of India, 2023 LiveLaw (SC) 824

Interstate Water Dispute

Supreme Court refuses to interfere with Cauvery Water Regulatory Committee (CWRC) Order directing Karnataka to release 5000 cusecs to Tamil Nadu. State of Karnataka v. State of Tamil Nadu, 2023 LiveLaw (SC) 838

Judicial Service

Recruitment process for Junior Civil Judges - Directed the State to take immediate steps to fill 175 vacant posts - Rejected the State Governments plea to conduct Civil Judge recruitment by Public Service Commission instead of a Selection Committee that includes representatives of the High Court – Held, the High Court is best suited to understand the needs of the judicial service - the Judges of the High Court who participate in the selection process possess domain knowledge, both in the subject matter and the nature of the service. (Para 23) Malik Mazhar Sultan v. U.P. Public Service Commission, 2023 LiveLaw (SC) 832 : 2023 INSC 860

Judicial Propriety

Cannot ignore the ratio laid down in an earlier judgment merely because the same stands referred to a larger Bench. Judicial propriety did not permit it ignoring the ratio laid down in the earlier judgement as no decision regarding the same had come out from the larger Bench. (Para 4) Rajnish Kumar Rai v. Union of India, 2023 LiveLaw (SC) 842

Land Law

A condition imposed by the Government that the land owner should handover a part of land free of cost for public utility purpose in return of the permission granted for converting the nature of the use of the land cannot be held illegal. (Para 23) Shirdi Nagar Panchayat v. Kishor Sharad Borawake, 2023 LiveLaw (SC) 830 : 2023 INSC 851

Manipur Violence

Directions on aid and rehabilitation of displaced persons in Manipur – Reissue aadhar card – provide bank account details - Expediently issue or reissue disability certificates to specially-abled individuals in relief camps - State will appoint additional Para Legal Volunteers as needed - Allocate sufficient funds to the Victim Compensation Scheme - Appoint a nodal officer in Delhi for addressing grievances of displaced persons from Manipur residing temporarily outside the State - Cooperation with the Expert Committee - Protection of religious buildings and properties - Access to High Court proceedings via video conferencing - Bar members are expected to ensure unhindered access for all lawyers, non-compliance may result in contempt proceedings. Dinganglung Gangmei v. Mutum Churamani Meetei, 2023 LiveLaw (SC) 837

MBBS Admission

MBBS admission in pwd quota - Disability assessment report must explain how the candidate can't pursue the course. Bambhaniya Sagar Vasharambhai v. Union of India, 2023 LiveLaw (SC) 841

Medical Negligence

Rs 1.5 crore in compensation has been awarded to an ex-Indian Air Force official who contracted HIV during a blood transfusion at a military hospital. Both the Indian Army and the Indian Air Force are jointly and severally liable for medical negligence. (Para 92) Ashish Kumar Chauhan (Retd.) v. Commanding Officer, 2023 LiveLaw (SC) 826 : 2023 INSC 857

Principle of res ipsa loquitur (“the thing speaks for itself”) - where negligence is evident, burden of proof shifts to hospital. (Para 71 - 73) Ashish Kumar Chauhan (Retd.) v. Commanding Officer, 2023 LiveLaw (SC) 826 : 2023 INSC 857

NEET

2019 NEET results could not have been basis for allowing counselling in the year 2022 for admission to MBBS courses. (Para 3) Registrar-in-Charge v. Medhasree Goswami, 2023 LiveLaw (SC) 825

Practice and Procedure

Cannot ignore ratio laid in an earlier judgment merely because it stands referred to a larger bench. Rajnish Kumar Rai v. Union of India, 2023 LiveLaw (SC) 842

Property

Section 106 Transfer of Property Act - Onus on tenant to prove that premises was leased for manufacturing purpose. Paul Rubber Industries Pvt. Ltd. v. Amit Chand Mitra, 2023 LiveLaw (SC) 827 : 2023 INSC 854

Railway

Members of Railway Protection Force can seek benefits under Employees Compensation Act though RPF declared as an armed force. Railway Protection Special Force v. Bhavnaben Dinshbhai Bhabhor, 2023 LiveLaw (SC) 835 : 2023 INSC 859

Registration

When can an unregistered lease deed, which is compulsorily registrable, be admitted to show nature & character of possession? the Supreme Court explains. Paul Rubber Industries Pvt. Ltd. v. Amit Chand Mitra, 2023 LiveLaw (SC) 827 : 2023 INSC 854

Tax

Material disclosed to the income tax settlement commission needn't be something which wasn't discovered by the assessing officer. Kotak Mahindra Bank Ltd. v. Commissioner of Income Tax Bangalore, 2023 LiveLaw (SC) 822 : 2023 INSC 855

STATUTE WISE INDEX

Code of Civil Procedure, 1908; Section 115 - Where an appealable decree has been passed in a suit, no revision should be entertained under Section 115 of the CPC against an order rejecting on merits a review of that decree. The proper remedy for the party whose application for review of an appealable decree has been rejected on merits is to file an appeal against that decree and if, in the meantime, the appeal is rendered barred by time, the time spent in diligently pursuing the review application can be condoned by the Court to which an appeal is filed. (Para 28) Rahimal Bathu v. Ashiyal Beevi, 2023 LiveLaw (SC) 829 : 2023 INSC 861

Constitution of India, 1950; Article 105(2) and 194(2) - Powers, privileges and immunities of the members of the Houses of Parliament and the State Legislatures. Do MPs/MLAs have immunity from criminal proceedings when they take bribes for votes? The judgement in P.V. Narasmiha Rao v. State (CBI/SPE), (1998) 4 SCC 626 had held that legislators enjoyed immunity from prosecution in cases of bribery in relation to parliamentary vote and speech. However, the immunity would only be extended if the legislators carried out the act that they had taken the bribe for. In other words, if a legislator took a bribe to vote for a particular candidate but later decided to not go ahead with the same and voted for someone else, the immunity would not be extended to them. Held, the correctness of the majority view in P.V. Narasmiha Rao should be reconsidered by a larger Bench of seven judges. (Para 24) Sita Soren v. Union of India, 2023 LiveLaw (SC) 823 : 2023 INSC 856

Constitution of India, 1950; Article 32 and 324 - PIL for an independent audit of Electronic Voting Machines (EVMs') source codes - No evidence presented by petitioner to show Election Commission's breach of its constitutional duties. The Court refrains from issuing directives on policy matters like EVM source code audits that concern election integrity, under the Election Commission's purview. No indication that the Commission isn't fulfilling its role. Petition dismissed. (Para 5) Sunit Ahya v. Election Commission of India, 2023 LiveLaw (SC) 824

Employees Compensation Act, 1923 - Officers of the Railway Protection Force (RPF) are entitled to claim compensation under the 1923 Act, despite the RPF being designated as an armed force of the Union. The case arose when the heirs of an RPF Constable, who died during his employment, sought compensation under the 1923 Act. The Appellant contended that as a part of the Armed Forces of the Union, the deceased was not a 'workman' under the Act. The Apex Court rejected this contention, emphasizing the lack of legislative intent to exclude RPF members from the benefits of the 1923 Act, even after its designation as an armed force. The definition of a 'Railway Servant' in the Railways Act, 1989, includes RPF members, making them eligible for compensation under the 1923 Act. The designation of the RPF as an "armed force of the Union" did not automatically exempt its members from the provisions of the 1923 Act, unless such intent was evident. (Para 61) Railway Protection Special Force v. Bhavnaben Dinshbhai Bhabhor, 2023 LiveLaw (SC) 835 : 2023 INSC 859

Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 - Issued directions to the Central and State Governments to ensure the effective implementation of the HIV Act. (Para 93) CPL Ashish Kumar Chauhan (Retd.) v. Commanding Officer, 2023 LiveLaw (SC) 826 : 2023 INSC 857

Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017; Section 34 - All courts, tribunals, and quasi-judicial bodies in the country should prioritize cases relating to HIV-infected persons for early disposal. Steps should be taken to maintain the anonymity of HIV-infected individuals. (Para 93 (12)) Ashish Kumar Chauhan (Retd.) v. Commanding Officer, 2023 LiveLaw (SC) 826 : 2023 INSC 857

Income Tax Act, 1961; Sections 245C, 245D, 245H, 271 (1)(c) - Section 245H of the Act, which empowers the Settlement Commission to grant immunity from prosecution and penalty to the assessee if he has co-operated with the Settlement Commission and has made “full and true disclosure of his income”, cannot be saddled with an artificial requirement that the material “disclosed” by the assessee before the Commission must be something apart from what was “discovered” by the Assessing Officer. (Para 7) Kotak Mahindra Bank Ltd. v. Commissioner of Income Tax Bangalore, 2023 LiveLaw (SC) 822 : 2023 INSC 855

Juvenile Justice (Care and Protection of Children) Act, 2015; Section 75 - Penal Code, 1860 - Sections 323 and 504 - Muzaffarnagar school student slapping case, in which a primary school teacher punished a Muslim boy by asking other students to slap him. Held, the victim must have undergone trauma. The State Government to ensure that proper counselling is extended to the victim of the offence through an expert child counsellor. Even the other students, who were involved in the incident, in the sense that they allegedly followed the mandate issued by the teacher and assaulted the victim, need counselling by an expert child counsellor. The State Government will take immediate steps to do the needful by providing services of an expert child counsellor. Tushar Gandhi v. State of Uttar Pradesh, 2023 LiveLaw (SC) 843

Juvenile Justice (Care and Protection of Children) Act, 2015; Section 75 - Penal Code, 1860 - Sections 323 and 504 - Student slapping case - Physical punishment inflicted upon a student who belongs to a minority community. Considering the manner in which the Police have delayed action and especially the fact that though a case of cognizable offence was made out, only a non-cognizable case was reported, we direct that the investigation shall be conducted under the supervision of a senior IPS Officer, nominated by the State Government. The IPS Officer so nominated will go into the question of whether the second proviso to Section 75 of the JJ Act is attracted and whether Section 153A of the IPC needs to be applied. Tushar Gandhi v. State of Uttar Pradesh, 2023 LiveLaw (SC) 843

Penal Code, 1860; Section 304B - Dowry Death - Validity and credibility of dying declaration - The High Court had partly upheld the conviction of the appellant / husband under Section 304B IPC for dowry death. The primary evidence against the appellant was the dying declaration of the deceased-wife, which alleged that the appellant had set her on fire after a disagreement over dowry. Held, doubts regarding the voluntary nature of the dying declaration and its recording, including discrepancies in testimony concerning the deceased's fitness to provide such a statement. The High Court's selective belief in the dying declaration (disbelieving parts of it concerning father-in-law but relying on it for the husband) raised further questions about its credibility. Evidence from the Investigating Officer suggested a different conclusion concerning the circumstances of the incident. The testimonies provided by the relatives of the deceased regarding harassment due to dowry were vague, and no concrete evidence was presented to substantiate the claims. Given these findings, the dying declaration was not free from doubt and that the charge under Section 304B IPC (harassment due to non-fulfillment of dowry demand) was not conclusively proven. The Court acquitted the appellant of all charges and set aside the judgments of the trial court and the High Court. (Para 10 – 18) Phulel Singh v. State of Haryana, 2023 LiveLaw (SC) 833 : 2023 INSC 863

Pension Regulations for the Army, 1961; Rule 185 - Disability Pension - The appellant, after serving the Indian Army for 15 years until 1987 and having an exemplary service record, was diagnosed with a "complete heart block." He was placed in the permanent low medical category, qualifying for a hundred percent disability treatment. Despite being granted a disability pension, the Armed Forces Appellate Tribunal (AFT) limited its duration to one year. The key contention was the appellant's refusal to undergo a potentially life-threatening surgery, which the Medical Board considered while assessing his disability. The Court emphasized Rule 185 of the Pension Regulations for the Army-1961, which prescribes that, if a disability is deemed incapable of improvement, the disability pension should be granted for 10 years initially, subject to reassessment. The AFT had either overlooked or not justified its deviation from this rule. The Court set aside the Tribunal's one-year confinement, directing that the appellant receive his disability pension for 10 years, after which a re-assessment would be in order, in line with Rule 185. The arrears and payments for the pension are restricted to three years prior to his appeal to the Tribunal and the relevant future duration. The appeal was thus allowed. Ex L/NK Rajput Ajit Singh v. Union of India, 2023 LiveLaw (SC) 831

Railways Act, 1989 - Employees Compensation Act, 1923 - Whether the availability of an alternative remedy to claim compensation under Sections 124 and 124-A of the 1989 Act prevents a claim under the 1923 Act? Held, as per Section 128 of the 1989 Act, a person retains the right to claim compensation under the 1923 Act or any other existing law, even if they have the right to compensation under Section 124 or Section 124-A of the 1989 Act. However, the condition is that compensation cannot be claimed multiple times for the same accident. In the present case, there was no evidence to suggest that the respondents had already received compensation for the same accident under another law before making a claim under the 1923 Act. Consequently, their claim under the 1923 Act was not precluded due to the alternative remedy available under the 1989 Act. (Para 62 & 63) Railway Protection Special Force v. Bhavnaben Dinshbhai Bhabhor, 2023 LiveLaw (SC) 835 : 2023 INSC 859

Registration Act, 1908; Section 49 - an unregistered lease deed (which is otherwise compulsorily registrable) can be admitted in evidence to show the ‘nature and character of possession’, only when the ‘nature and character of possession’ is not the main term of the lease and is not the primary dispute before the Court for adjudication. Paul Rubber Industries Pvt. Ltd. v. Amit Chand Mitra, 2023 LiveLaw (SC) 827 : 2023 INSC 854

Right of Children to Free and Compulsory Education Act, 2009 - Quality education cannot be achieved if a student is penalised based on their religion. Tushar Gandhi v. State of Uttar Pradesh, 2023 LiveLaw (SC) 843

Right of Children to Free and Compulsory Education Act, 2009 - Uttar Pradesh Right of Children to Free and Compulsory Education Rules, 2011 - When the object of the RTE Act is to provide quality education, unless there is an effort made to inculcate the importance of constitutional values in the students, especially the core values of equality, secularism and fraternity, there cannot be any quality education. There cannot be quality education if, in a school, a student is sought to be penalised only on the ground that he belongs to a particular community. Thus, there is a prima facie failure on the part of the State to comply with the mandatory obligations under the RTE Act and the Rules framed thereunder. Tushar Gandhi v. State of Uttar Pradesh, 2023 LiveLaw (SC) 843

Rights of Persons with Disabilities Act, 2016 - In cases even of specified disabilities, in all cases the standard of 40% may result in “one size fit all” norm which will exclude eligible candidates. The Union, therefore, shall consider the steps to mitigate such anomalies, because a lower extent of disabilities bar benefits and at the same time render them functional, whereas higher extent of disability would entitle benefits, but also result in denying them the benefit of reservation. The National Commission and the Central Government are directed to consider the problem and work out suitable solutions to enable effective participation. (Para 13) Bambhaniya Sagar Vasharambhai v. Union of India, 2023 LiveLaw (SC) 841

Rights of Persons with Disabilities Act, 2016 - MBBS Admission in PwD Quota - Disability Assessment Report - Persons with disabilities should not be excluded from MBBS courses merely on the basis of a quantitative assessment of their disabilities. The assessment of the disabilities must have a cogent reasoning as to how such candidates will be unable to pursue the medical courses. (Para 7) Bambhaniya Sagar Vasharambhai v. Union of India, 2023 LiveLaw (SC) 841

Tamil Nadu Tamil Learning Act, 2006 - The State had issued circulars mandating the study of Tamil as a primary subject while allowing linguistic minorities the option to study their mother tongue. Held, the state's circulars should be executed in their entirety. Therefore, similar to other subjects, minimum qualifying marks should be stipulated for the mother tongue and reflected in students' mark sheets. Linguistic Minorities Forum of Tamil Nadu v. State of Tamil Nadu, 2023 LiveLaw (SC) 839

Transfer of Property Act, 1882; Section 106 - In order to attract the application of Section 106, which requires 6 months’ notice for termination of lease, the burden is on the Tenant to prove that manufacturing activity was being carried on in the leased Premises. A mere statement that manufacturing activity was being done would not suffice, the Tenant must explain the nature of work being done in factory shed. Paul Rubber Industries Pvt. Ltd. v. Amit Chand Mitra, 2023 LiveLaw (SC) 827 : 2023 INSC 854

NOMINAL INDEX

1. Bambhaniya Sagar Vasharambhai v. Union of India, 2023 LiveLaw (SC) 841
2. Banamali Choudhury v. State of West Bengal, 2023 LiveLaw (SC) 836
3. Bhaskar Raju and Brothers v. Dharmaratnakara Rai Bahadur Arcot Narainswamy Mudaliar Chattram and Other Charities, 2023 LiveLaw (SC) 828
4. BTL EPC Ltd. v. Macawber Beekay Pvt. Ltd; 2023 LiveLaw (SC) 834 : 2023 INSC 864
5. CPL Ashish Kumar Chauhan (Retd.) v. Commanding Officer, 2023 LiveLaw (SC) 826 : 2023 INSC 857
6. Dinganglung Gangmei v. Mutum Churamani Meetei, 2023 LiveLaw (SC) 837
7. Ex L/NK Rajput Ajit Singh v. Union of India, 2023 LiveLaw (SC) 831
8. Kotak Mahindra Bank Ltd. v. Commissioner of Income Tax Bangalore, 2023 LiveLaw (SC) 822 : 2023 INSC 855
9. Linguistic Minorities Forum of Tamil Nadu v. State of Tamil Nadu, 2023 LiveLaw (SC) 839
10. Malik Mazhar Sultan v. U.P. Public Service Commission, 2023 LiveLaw (SC) 832 : 2023 INSC 860
11. Paul Rubber Industries Pvt. Ltd. v. Amit Chand Mitra, 2023 LiveLaw (SC) 827 : 2023 INSC 854
12. Phulel Singh v. State of Haryana, 2023 LiveLaw (SC) 833 : 2023 INSC 863
13. Rahimal Bathu v. Ashiyal Beevi, 2023 LiveLaw (SC) 829 : 2023 INSC 861
14. Railway Protection Special Force v. Bhavnaben Dinshbhai Bhabhor, 2023 LiveLaw (SC) 835 : 2023 INSC 859
15. Rajnish Kumar Rai v. Union of India, 2023 LiveLaw (SC) 842
16. Registrar-in-Charge v. Medhasree Goswami, 2023 LiveLaw (SC) 825
17. Shirdi Nagar Panchayat v. Kishor Sharad Borawake, 2023 LiveLaw (SC) 830 : 2023 INSC 851
18. Sita Soren v. Union of India, 2023 LiveLaw (SC) 823 : 2023 INSC 856
19. State of Karnataka v. State of Tamil Nadu, 2023 LiveLaw (SC) 838
20. Sunit Ahya v. Election Commission of India, 2023 LiveLaw (SC) 824
21. Tushar Gandhi v. State of Uttar Pradesh, 2023 LiveLaw (SC) 843
22. X v. Union of India, 2023 LiveLaw (SC) 840