Supreme Court Weekly Round-Up (13 May-18 May, 2024)

Update: 2024-05-23 05:43 GMT
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With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest, dedicated to keeping our readers abreast of the most recent legal developments in the country's apex court. This digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the past week, providing a...

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With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest, dedicated to keeping our readers abreast of the most recent legal developments in the country's apex court. This digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the past week, providing a succinct overview.

Orders/ Judgments

Supreme Court Dismisses Plea To Remove Arvind Kejriwal As Delhi Chief Minister

Case Title: KANT BHATI Versus ARVIND KEJRIWAL AND ORS., Diary No. 19252-2024

Coram: Justices Sanjiv Khanna and Dipankar Datta

The Supreme Court dismissed a petition seeking the removal of Aam Aadmi Party chief Arvind Kejriwal from the post and office of Chief Minister, Delhi because of his arrest by the Enforcement Directorate in the liquor policy case.

Supreme Court Extends Stay On Defamation Proceedings Against Arvind Kejriwal For Retweeting Dhruv Rathee's Video On BJP IT Cell

Case Title: Arvind Kejriwal v. State (National Capital Territory Of Delhi) & Anr. | Special Leave Petition (Criminal) No. 2413 of 2024

Coram: Justices Sanjiv Khanna and Dipankar Datta

The Supreme Court today extended the stay on defamation proceedings against Delhi Chief Minister Arvind Kejriwal for retweeting a video by Youtuber Dhruv Rathee making certain allegations against Bharatiya Janata Party (BJP) IT Cell.

Delhi Waste Problem : Supreme Court Asks Authorities To Consider Restrictions On Construction Activities In NCR

Case Title: MC Mehta v. Union of India & Ors., WP(C) No. 13029/1985

Coram: Justice Abhay S. Oka and Ujjal Bhuyan

The Supreme Court directed the concerned authorities, including the Municipal Corporation of Delhi (MCD), to take immediate measures to ensure that the present quantity of untreated municipal solid waste does not increase in Delhi and its surrounding areas till the proper facilities for processing this waste are in place. In this regard, the Court asked the authorities to consider various methods, including putting restraints on construction activities.

2 District Judges Question HC Collegium For Not Recommending Their Elevation; Supreme Court Seeks Report From HP HC

Case Details : CHIRAG BHANU SINGH VS. THE STATE OF HIMACHAL PRADESH W.P.(C) No. 000312 - / 2024

Coram: Justice Hrishikesh Roy and Justice Prashant Kumar Misra

The Supreme Court issued notice to the Registrar General of the Himachal Pradesh High Court directing to furnish a report on whether the High Court Collegium reconsidered the names of two senior most District Judicial Officers in accordance with the Supreme Court Collegium's recommendation of January 4.

S. 102(3) Cr.P.C. | Police Seizure Wouldn't Get Vitiated Altogether Due To Delayed Reporting To Magistrate: Supreme Court

Case Title: SHENTO VARGHESE VERSUS JULFIKAR HUSEN & ORS.

Coram: Justices P.S. Narasimha and Aravind Kumar

The Supreme Court observed that the delay in reporting the seizure report by the police to the magistrate wouldn't vitiate the act of seizure by police under Section 102(3) of the Code of Criminal Procedure, 1973.

Supreme Court Issues Notice On Union's Plea Against Grant Of Bail In UAPA Case To Person Alleged To Be Foreign Citizen

Case Title: UNION OF INDIA Versus MOHAMED RIFAS @ MOHAMED RIGBAS, DIARY NO. - 13002/2024

Coram: Justices Bela M Trivedi and Pankaj Mithal

The Supreme Court issued a notice in Union's plea seeking cancellation of bail granted to the non-citizen alleged to have committed an offence under the Unlawful Activities (Prevention) Act, 1967.

Supreme Court Grants Bail To 2 Kerala Advocates Accused Of Raping Client

Case Title: XXX v. MJ Johnson and others

Coram: Justices Hrishikesh Roy and Prashant Kumar Mishra

The Supreme Court granted bail to two Kerala lawyers who were arrested by the State Police in a case for allegedly raping their client.

Advocates Not Liable Under Consumer Protection Act For Deficiency Of Services : Supreme Court

Case Title: BAR OF INDIAN LAWYERS THROUGH ITS PRESIDENT JASBIR SIGH MALIK vs. D.K.GANDHI PS NATIONAL INSTITUTE OF COMMUNICABLE DISEASES., Diary No.- 27751 - 2007

Coram: Justices Bela Trivedi and Pankaj Mithal

In a crucial development, the Supreme Court on Tuesday (May 14) held that advocates cannot be held liable under the Consumer Protection Act 1986 (as re-enacted in 2019) for deficiency of services. The Court held that professionals have to be treated differently from persons carrying out business and trade.

Patanjali Case : Supreme Court Refuses To Accept Apology Of Indian Medical Association President

Case Title: Indian Medical Association v. Union of India | W.P.(C) No. 645/2022

Coram: Justices Hima Kohli and Ahsanuddin Amanullah

The Supreme Court expressed dissatisfaction with the apology furnished by the President of Indian Medical Association, Dr RV Asokan, for his remarks in a media interview over certain observations made by the Court.

Bhima Koregaon Case : Supreme Court Refuses To Extend Stay On Gautam Navlakha's Bail, Says Trial May Take Years To Complete

Case Details: Gautam Navlakha v. National Investigation Agency & Anr. | Special Leave Petition (Criminal) No. 9216 of 2022

Coram: Justices MM Sundresh and SVN Bhatti

In a major development, the Supreme Court on Tuesday( May 14) granted bail to Bhima Koregaon-accused Gautam Navlakha. The same is subject to the payment of Rs 20 Lakhs for his house arrest.

Supreme Court Dismisses Punjab Govt Plea Against Quashing Of FIR Against Gurmeet Ram Rahim For Comments Against Kabir, Ravidas

Case Title: STATE OF PUNJAB VS. GURMEET RAM RAHIM SINGH INSAN, DIARY NO. - 16688/2024

Coram: Justices Sanjiv Khanna and Dipankar Datta

The Supreme Court dismissed Punjab government's challenge to an order quashing FIR against Dera Sacha Sauda chief Gurmeet Ram Rahim Singh for allegedly insulting the religious beliefs of Sant Kabir Das and Guru Ravidas' Devotees

'Absurdity' : Supreme Court Quashes FIR Which Alleged Book In Indore Law College Library Hurt Religious Sentiments

Case Details : INAMUR RAHMAN VS. STATE OF M.P. SLP(Crl) No. 006931 - / 2024

Coram: Justices B. R. Gavai and Sandeep Mehta

The Supreme Court on Tuesday ( May 14) quashed the FIR and criminal proceedings lodged over the keeping of a book titled "Collective Violence and Criminal Justice System" authored by Dr. Farhat Khan, in the library of the Government Law College, Indore. The FIR was lodged alleging that the book was 'Hinduphobic' and 'anti-national'

'Politicians Must Be Circumspect About Utterances' : Supreme Court Refuses To Quash Cases Against BJP's H Raja For Comments On Periyar, Karunanidhi

Case Title: H. RAJA VS. STATE REP. BY INSPECTOR OF POLICE., DIARY NO. - 20577/2024

Coram: Justices Hrishikesh Roy and Prashant Kumar Mishra

The Supreme Court refused to quash the criminal cases against the Bharatiya Janata Party's National Secretary H Raja for his alleged derogatory remarks against Dravidian movement leader Periyar, former TN Minister M Karunanidhi, DMK party leaders etc.

S.144 CPC | Stranger Who Purchased Property Knowing About Appeal Pendency Can't Resist Restitution As Bona Fide Purchaser: Supreme Court

Case Title: BHIKCHAND S/O DHONDIRAM MUTHA (DECEASED) THROUGH LRS. VERSUS SHAMABAI DHANRAJ GUGALE (DECEASED) THROUGH LRS.

Coram: Justices Hrishikesh Roy and Prashant Kumar Mishra

In an important ruling concerning the principle of 'restitution' under Section 144 of the Code of Civil Procedure, 1908 (the Supreme Court observed that if after knowing that the decree was likely to be reversed, a stranger auction purchaser (not being party to the proceedings) purchases the property in execution of the decree, then he couldn't claim the protection of being a bona fide purchaser and the principle of restitution would apply in such circumstances.

Juniors, Contractor Did It : DDA Vice Chairman Tells Supreme Court In Contempt Case Over Tree Felling In Delhi Ridge

Case Details: Bindu Kapurea v. Subhasish Panda & Connected Matters Dairy No. 21171-2024

Coram: Justices Abhay S. Oka and Ujjal Bhuyan

The Supreme Court indicated that it might initiate criminal contempt proceedings against the Delhi Development Authority (DDA) Vice Chairman in the matter concerning the rampant felling of trees in Delhi's Ridge Forest area in violation of its previous orders in M.C. Mehta v. Union of India & Ors.

Prabir Purkayastha's Arrest By Delhi Police & Remand Illegal : Supreme Court Orders NewsClick Editor's Release In UAPA Case

Case Details: Prabir Purkayastha v. State, Diary No, 42896 of 2023

Coram: Justices BR Gavai and Sandeep Mehta

In a major development, the Supreme Court declared as illegal NewsClick founder and Editor-in-Chief Prabir Purkayastha's arrest by the Delhi police and his remand in a case under the Unlawful Activities (Prevention) Act 1967.

'Hierarchy of Judiciary Must Be Respected' : Supreme Court Cautions NCDRC Members Who Passed Directions Contrary To SC Order, Closes Contempt Case

Case Title: M/s Ireo Grace Realtech Pvt. Ltd. v. Sanjay Gopinath., C.A. No. 2764-2771/2022

Coram: Justices Hima Kohli and Ahsanuddin Amanullah.

The Supreme Court warned/ cautioned the two members of the National Consumer Disputes Redressal Commission (NCDRC) for issuing non-bailable warrants against the directors of a company, ignoring a previous interim order of the Supreme Court.

Supreme Court Allows Abbas Ansari To Attend Private Memorial Service For His Late Father Mukhtar Ansari From June 10-12

Case Title: Abbas Ansari v. The State of Uttar Pradesh, W.P.(Crl.) No. 208/2024

Coram: Justices Surya Kant and KV Viswanathan

The Supreme Court allowed jailed MLA Abbas Ansari to attend the private prayers kept in memory of his late father Mukhtar Ansari on June 10, 2024. Mukhtar Ansari died on March 28 following a cardiac arrest while undergoing a sentence of life imprisonment.

Labelling and Re-Labelling of Containers Qualifies as 'Manufacture' for CENVAT Credit Under Excise Act: Supreme Court

Case Details: Commissioner Of Central Excise Belapur Vs Jindal Drugs Ltd. | Civil Appeal No. 1121 Of 2016

Coram: Justices A. S. Oka and Ujjal Bhuyan

The Supreme Court has held that labelling or re-labelling of containers amounts to 'manufacture' under the Central Excise Act for availing cenvat credit

'Why Do You Want To Contest From Varanasi?' Supreme Court Rejects Tamil Nadu Farm Activist's Plea To Extend Time To File Nomination

Case Details : P. Ayyakannu, President, National South Indian River Interlinking Agriculturist Association v. The Chief Election Commission & Ors WP (C) No. 333/2024

Coram: Justices Vikram Nath and SC Sharma

The Supreme Court refused to entertain a writ petition filed by Tamil Nadu-based farmers' leader P Ayyakannu who wanted to contest the Lok Sabha elections from the Varanasi constituency in Uttar Pradesh. Disinclined to consider the issue of granting an extension of time to file his nomination, the Court termed the petition as 'Publicity Interest Litigation.'

'What About Right Of Child In Womb?' : Supreme Court Rejects Plea To Abort 30-Week Pregnancy

Case : H Versus UNION OF INDIA AND ANR.| Diary No. 22763-20244

Coram: Justices BR Gavai, Sandeep Mehta and SVN Bhatti

The Supreme Court dismissed a petition filed by a woman seeking termination of her pregnancy which crossed 30 weeks of gestational age.

The bench was considering a Special Leave Petition filed against the judgment delivered by the Delhi High Court on May 3 dismissing the woman's plea. When the High Court passed the order, the pregnancy had crossed 29 weeks.

Supreme Court Calls For Report On Environmental Impact Of Construction Of 5-Star Hotel Near Udai Sagar Lake, Rajasthan

Case Title: Jheel Sarankshan Samiti v. Union of India and Ors. (and connected matter)

Coram: Justices Sanjiv Khanna and Dipankar Datta

In a public interest litigation assailing construction of a 5-star hotel in Udai Sagar lake of Rajasthan, the Supreme Court on May 14 called for a report from the state government on the status of construction as well as its impact on the environment (including the lake).

Uttrakhand Forest Fires : Supreme Court Seeks Personal Presence Of State Chief Secretary For Explanations

Coram: Justices B. R. Gavai, S. V. N. Bhatti and Sandeep Mehta

Taking into consideration the importance of controlling fires in the forests of Uttarakhand, the Supreme Court on Wednesday directed the Chief Secretary of the state to personally remain present on May 17.

Supreme Court Asks Meghalaya Govt To Issue Clear Instruction About Ban On 'Two-Finger' Test In Rape Cases

Case Title: SUNSHINE KHARPAN VS. THE STATE OF MEGHALAYA., DIARY NO. - 48388/2023

Coram: Justices CT Ravikumar and Rajesh Bindal

Recently, the Supreme Court, while hearing a criminal appeal arising out of the High Court of Meghalaya, expressed its dismay that the “two-finger test” was used in a rape case despite being deprecated by the Top Court. The Court also took into account that the decision in Lillu @ Rajesh and Anr. V. State of Haryana (2013) 14SCC 643, holding that the two-finger test on a rape victim violates her right to privacy, was passed before the present incident had occurred.

S. 357 Cr.P.C. | Payment Of Compensation To Victim Not A Factor To Reduce Convict's Sentence : Supreme Court

Case Title: Rajendra Bhagwanji Umraniya Versus State of Gujarat

Coram: Justices JB Pardiwala and Manoj Misra

The Supreme Court held that an order for the convict to pay compensation to the victim would not result in the reduction of the sentence imposed on the convict.

Writ Petition By Employees Against Air India Not Maintainable After Its Privatisation: Supreme Court

Case Title: R.S. Madireddy & Ors vs. Union of India & Ors. SLP (C) No(s). 23441-23444/2022

Coram: BR Gavai and Sandeep Mehta

'The Supreme Court affirmed the Bombay High Court's order that the writ petitions filed by employees against Air India Limited (AIL) would no longer be maintainable due to AIL's subsequent privatisation. The petitions raised issues related to non-promotion and stagnation in pay.

Supreme Court Seeks Suggestions To Modify 2017 Order Mandating PUC Certificate For Vehicle Insurance

Case Details : MC Mehta v. Union of India & Ors., WP(C) No. 13029/1985

Coram: Justices AS Oka and Ujjal Bhuyan

The Supreme Court recently expressed an intention to revisit its 2017 order which made a Pollution Under Control (PUC) certificate for third party vehicle insurance. The Court made a prima facie observation regarding the need to balance the PUC norms and third party insurance.

Supreme Court Disposes Of Kerala Govt's Petition Filed Before HC Against NGT Order As Withdrawn, Gives Liberty To File Appeal

Case Title: Yeshwanth Shenoy vs State of Kerala | SLP(C) No. 5563/2023

Coram: Justices Abhay S. Oka and Ujjal Bhuyan

The Supreme Court disposed of the writ petition filed before the Kerala High Court challenging an order of the National Green Tribunal after the same was upheld by the Supreme Court earlier.

The order was passed after Senior Advocate R Basant, appearing for the State, informed the Court that the state was withdrawing the writ petition from the High Court.

ED Cannot Arrest Accused After Special Court Has Taken Cognizance Of PMLA Complaint : Supreme Court

Case Title: Tarsem Lal v. Directorate of Enforcement Jalandhar Zonal Office, Special Leave to Appeal (Crl.) No(s). 121/2024 (and connected matters)

Coram: Justices Abhay S Oka and Ujjal Bhuyan.

In a significant judgment, the Supreme Court held that the Enforcement Directorate (ED) and its officers cannot arrest an accused exercising powers under Section 19 of the Prevention of Money Laundering Act (PMLA) after the Special Court has taken cognizance of the complaint of money laundering.

Writ Petition By Employees Against Air India Not Maintainable After Its Privatisation: Supreme Court

Case Title: R.S. Madireddy & Ors vs. Union of India & Ors. SLP (C) No(s). 23441-23444/2022

Coram: Justices BR Gavai and Sandeep Mehta

The Supreme Court affirmed the Bombay High Court's order that the writ petitions filed by employees against Air India Limited (AIL) would no longer be maintainable due to AIL's subsequent privatisation. The petitions raised issues related to non-promotion and stagnation in pay.

Supreme Court Directs Union To Immediately Deport 17 Foreigners Detained In Assam's Transit Camps As No Cases Are Pending Against Them

Case Details : RAJUBALA DAS VS. UNION OF INDIA W.P.(Crl.) No. 000234 - / 2020

Coram: Justices AS Oka and Ujjal Bhuyan

The Supreme Court directed the Union Government to take immediate steps for deporting 17 declared foreigners detained in transit camps of Assam. The Court gave this direction considering that no pending cases were registered against them.

Supreme Court Issues Criminal Contempt Notice To DDA Vice Chairman Over Tree Felling In Delhi's Ridge

Case Details: Bindu Kapurea v. Subhasish Panda & Connected Matters Dairy No. 21171-2024

Coram: Justices Abhay S. Oka and Ujjal Bhuyan

The Supreme Court issued a criminal contempt notice to the Delhi Development Authority (DDA) Vice Chairman in the matter concerning the rampant felling of trees in Delhi's Ridge Forest area in violation of its previous orders in M.C. Mehta v. Union of India & Ors.

No Land Acquisition Compensation Determined For 42 Years : Supreme Court Expresses Disappointment With HC For Not Questioning State

Case Title: Dharnidhar Mishra (D) and Another v. State of Bihar and Others., Civil Appeal No 6351 of 2024

Coram: Justices J B Pardiwala and Manoj Misra.

The Supreme Court, while deciding a civil appeal, has expressed its disappointment at the Patna High Court's approach, inter alia, for not questioning the State as to why it did not pay compensation to the appellant for forty-two years after acquiring his land.

Fundamental Right To Health Includes Customer's Right To Be Made Aware Of Quality Of Products : Supreme Court

Case Title: Indian Medical Association v. Union of India | W.P.(C) No. 645/2022

Coram: Justices Hima Kohli and Ahsanuddin Amanullah

The Supreme Court has declared that the fundamental right to health encompasses the right of a consumer to be made aware of the quality of products being offered for sale by manufacturers, service providers, advertisers and advertising agencies.

Right To Property | 7 Sub-Rights Which State Must Protect During Land Acquisition : Supreme Court Explains

Case Title: KOLKATA MUNICIPAL CORPORATION & ANR. V. BIMAL KUMAR SHAH & ORS., CIVIL APPEAL NO. 6466 OF 2024

Coram: Justices PS Narasimha and Aravind Kumar

In a pivotal judgment, the Supreme Court, while setting aside acquisition of land acquired by the Kolkata Municipal Corporation Act, 1980, highlighted seven sub rights of Article 300A of the Indian Constitution. Article 300A provides that “no person shall be deprived of his property save by authority of law”.

S.494 IPC | Friends/Relatives Can't Be Held To Have Common Intention For Offence Of Bigamy By Mere Presence In Second Marriage: Supreme Court

Case Details : S. NITHEEN & ORS. v. STATE OF KERALA & ANR. SLP (Criminal) No(s). 8529 of 2019

Coram: Justices BR Gavai and Sandeep Mehta

The Supreme Court, in a recent judgment, held that the charge under the offence of bigamy, punishable under Section 494 of the Indian Penal Code, can be framed only against the spouse to the second marriage.

Supreme Court Upholds ICAI Rule Limiting Number Of Tax Audits By Chartered Accountants Per Yer; Declares It Operative From April 1, 2024

Case Title : Shaji Paulose versus Institute of Chartered Accountants of India Transfer Case (Civil) No. 20/2021

Coram: Justices BV Nagarathna and Augustine George Masih

The Supreme Court upheld a rule issued by the Institute of Chartered Accountants Of India (ICAA) barring Chartered Accountants from accepting more than the "specified number of tax audit assignments" (at present, the upper limit is set at 60) in a financial year.

'In Matters Of Personal Liberty, Every Single Day Counts' : Supreme Court Asks HC To Decide Regular Bail Plea Soon

Case : Amandeep Singh Dhall v CBI SLP (Crl) 6973/2024

Coram: Justices BR Gavai and Sandeep Mehta

Emphasising that in matters concerning personal liberty, every single day of delay counts, the Supreme Court expressed disappointment at the Delhi High Court keeping the bail application of a petitioner pending for nearly 11 months.

Release Land Allotted For New Bombay HC Building So That Construction Can Start Soon : Supreme Court To Maharashtra Govt

Case Details : IN RE: HERITAGE BUILDING OF THE BOMBAY HIGH COURT AND ALLOTMENT OF ADDITIONAL LANDS FOR THE HIGH COURT

Coram: Chief Justice DY Chandrachud, Justice BR Gavai and Justice JB Pardiwala

The Supreme Court asked the Chief Justice of Bombay High Court to expedite the process of finalising the architect and design plan for the new High Court building.

Supreme Court Refuses To Entertain Plea Challenging Stay Of Investigation Against Tejasvi Surya For Alleged Hate Speech & MCC Violation

Case Title: Campaign aainst Hate Speech v. LS Tejasvi Surya, Diary No.21706/2024

Coram: Justices Sanjiv Khanna and Dipankar Datta

The Supreme Court refused to entertain a plea challenging the order passed by Karnataka High Court staying investigation against Bhartiya Janta Party MP Tejasvi Surya for allegedly posting objectionable tweets & violating the Model Code of Conduct.

AAP Withdraws Plea Before Supreme Court Seeking Allotment Of Land In Delhi For Office, Says HC Is Hearing

Case Details : AAM AADMI PARTY VS. UNION OF INDIA SLP(C) No. 010970 - 010971 / 2024

Coram: Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra

The Aam Aadmi Party (AAP) today withdrew a Special Leave Petition filed before the Supreme Court which seeking the allotment of space in the national capital for its office. The withdrawal was made on the grounds that the Delhi High Court is now hearing the matter. The SLP was filed against the High Court's refusal of an early hearing of the case.

'Polling Officer Doesn't Know Who Has Voted For Whom': Supreme Court Dismisses Plea Raising Doubts About Secrecy In Voting Process

Case Title: Agnostos Theos v. Election Commission of India and Ors., W.P.(C) No. 330/2024

Coram: Justices Sanjiv Khanna and Dipankar Datta

The Supreme Court dismissed a petition filed against the Election Commission, Union of India and others, raising doubts about secrecy in the voting process.

Supreme Court Asks Manipur Govt To Provide Enhanced Allowance To UPSC Candidates From Disturbed Hill Districts For Travel To Exam Centres

Case Details : ZOMI STUDENTS FEDERATION VS. UNION PUBLIC SERVICE COMMISSION SLP(C) No. 010831 - / 2024

Coram: CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra

The Supreme Court directed that the state of Manipur provide enhanced financial aid to UPSC candidates residing in the disturbed hill districts of Manipur, to enable them to travel to any of the exam centres out of the state. Having regard to the prevalent law and order situation in the conflict-ridden state of Manipur, the Court observed that bus services be provided to those candidates in the disturbed region of Senapati District travelling to their centre in Dimapur.

Supreme Court Seeks Responses Of Union, FSSAI On Plea Against Overuse Of Pesticides On Food Crops & Artificial Colouring

Case Details : AKASH VASHISHTHA Versus UNION OF INDIA AND ORS. W.P.(C) No. 000318 - / 2024

Coram: CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra

The Supreme Court issued notice in a plea regarding the use and overuse of pesticides and other chemical insecticides on food crops and food items. The Court has sought responses from the Union and FSSAI (Food Safety and Standards Authority of India) regarding the excessive use of artificial chemicals in edibles.

Supreme Court Issues Notice On RBI's Plea Against Merger Of Malappuram District Cooperative Bank With Kerala Bank, Orders Status Quo

Case Details: RESERVE BANK OF INDIA VS. STATE OF KERALA SLP(C) No. 011542 - 011546 / 2024

Coram: Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra

The Supreme Court issued notice on a petition filed by the Reserve Bank of India challenging the amalgamation of the Malappuram District Cooperative Bank in Kerala with the Kerala State Cooperative Bank.

Sale Of Judgment Debtor's Whole Property Impermissible When Sale Of Part Property Can Satisfy Decree: Supreme Court

Case Title: BHIKCHAND S/O DHONDIRAM MUTHA (DECEASED) THROUGH LRS. VERSUS SHAMABAI DHANRAJ GUGALE (DECEASED) THROUGH LRS.

Coram: Justices Hrishikesh Roy and Prashant Kumar Mishra

In a recent judgment, the Supreme Court held that during the execution proceedings if the attachment of the judgment debtor's property takes place, then the executing courts shouldn't order the sale of the whole property when the part property could have satisfied the decree.

Can Muslim Women Claim Equality In Succession? Can Will Be Executed For Entire Property As Per Mohammedan Law? Supreme Court To Decide

Case : TARSEM VS. DHARMA., DIARY NO. - 21450/2016

Coram: Justices C.T Ravikumar and Rajesh Bindal

The Supreme Court has decided to determine, inter-alia, whether Muslim women have the right to claim equality in succession in light of Article 14 (Right to equality) and 15 (Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth) of the Indian constitution.

Supreme Court Grants Interim Bail To PMLA Accused As Chargesheet Dropped Scheduled Offence

Case Title: Sunil Kumar Agrawal v Directorate of Enforcement | SLP (CRP) 5890/2024

Coram: Justices Suya Kant and KV Viswanathan

The Supreme Court granted interim bail to a man who was arrested by the Enforcement Directorate after noting that there is no scheduled offence as per the Prevention of Money Laundering Act, 2002 (PMLA) against him in the chargesheet filed in the predicate case.

Hindu Succession Act | Hindu Woman Can Claim Full Ownership Of Property Under S.14(1) Only If She Possesses It : Supreme Court

Case Title: MUKATLAL VERSUS KAILASH CHAND (D) THROUGH LRS. AND ORS.

Coram: Justices BR Gavai and Sandeep Mehta

The Supreme Court held that for a female Hindu to claim absolute ownership of an undivided property of a Hindu Undivided Family(HUF), she should have been in possession of the property.

CrPC Not Retrospectively Applicable To J&K Before 31.10.2019; Prior Proceedings Should Comply With Old Law : Supreme Court

Case Title: NATIONAL INVESTIGATION AGENCY NEW DELHI VERSUS OWAIS AMIN @ CHERRY & ORS.

Coram: Justices MM Sundresh and SVN Bhatti

The Supreme Court has held that the Code of Criminal Procedure, 1973(CrPC) will apply to Jammu and Kashmir only with effect from 31.10.2019, the date when the Jammu and Kashmir Reorganization Act 2019 came into effect following the abrogation of the special status of J&K under Article 370 of the Constitution.

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'My Son Studied In That College': Supreme Court Judge Recuses From AAP Leader Satyendra Jain's Case Against VIPS' Chairman

Case Title: SATYENDRA JAIN Versus S.C. VATS AND ORS., Diary No. 52890-2023

Justice Sanjiv Khanna of the Supreme Court recused today from a case filed by former Delhi Minister Satyendra Jain against Dr SC Vats, Chairman of the governing council of Vivekananda Institute of Professional Studies.

He Will No Doubt Come Out Of Jail, Only Concern Is When: Sibal Presses Supreme Court For Hemant Soren's Release During Lok Sabha Elections

Case Title: HEMANT SOREN Versus DIRECTORATE OF ENFORCEMENT AND ANR., SLP(Crl) No. 6611/2024

Coram: Justices Sanjiv Khanna and Dipankar Datta

While arguing former Jharkhand Chief Minister Hemant Soren's petition challenging his arrest by the ED in an alleged land scam case, Senior Advocate Kapil Sibal told the Supreme Court today that Soren was not concerned about not being able to come out of jail. There was no doubt that he would come out, but the question was about the timing, said the senior counsel.

Plea Filed In Supreme Court For Review Of Judgment Refusing 100% Cross-Verification Of EVM-VVPAT Data

In the latest development, a plea has been filed before the Supreme Court seeking review of the judgment in the EVM-VVPAT case, vide which prayer for 100% cross-verification of EVM data with Voter Verifiable Paper Audit Trail (VVPAT) records was denied.

Early Hearing Sought For Plea In Supreme Court Seeking SIT Probe Into Electoral Bonds Bribery Issue

Coram: Justices Sanjiv Khanna & Dipankar Datta

Advocate Prashant Bhushan requested the Supreme Court for an early listing of a plea seeking a probe by a Special Investigation Team (SIT) into the alleged instances of quid pro quo in the Electoral Bonds Scheme.

Sandeshkhali Sting Video : Plea In Supreme Court Seeks SIT Probe To Ascertain Genuineness Of Video

An application has been filed in the Supreme Court seeking an independent investigation to ascertain the genuineness of the video of a sting operation which showed a person claiming that the false allegations of rape were raised by women in Sandeshkhali at the instance of BJP MLA Suvendhu Adhikari to cast Trinamool Congress leaders in bad light.

Supreme Court Dismisses Plea Seeking ECI Action Against PM Modi, Anurag Thakur For Alleged Hate Speeches During Lok Sabha Elections

Case Details : Dr. Emani Anantha Satyanarayana Sarma & Anr v. Election Commission of India & Anr |Diary No. 22067-2024

Coram: Justices Vikram Nath and Satish Chandra Sharma

The Supreme Court dismissed a writ petition seeking direction to the Election Commission of India (ECI) against hate speeches allegedly given by Prime Minister Narendra Modi and Union Minister Anurag Thakur during the campaigns for Lok Sabha elections.

Supreme Court Refuses To Entertain Plea To Disqualify PM Modi From Elections For Alleged Communal Speeches In Campaigns

Case Title: Fatima v. The Chief Election Commissioner and Anr., Diary No(s). 21732/2024

Coram: Justices Vikram Nath and Satish Chandra Sharma

The Supreme Court refused to entertain a petition seeking to disqualify Prime Minister Narendra Modi from elections for allegedly making hate speeches and invoking religion during campaigns.

Ignore Ill-Informed Criticism On Court Vacations, Says Solicitor General After Supreme Court Judges Refer To Sanjeev Sanyal's Comments

Coram: Justices BR Gavai and Sandeep Mehta

Solicitor General of India Tushar Mehta told the Supreme Court to ignore ill-informed criticism about the vacations of judges. SG underscored the hectic work schedule of judges by pointing out that "vacations" are not "real vacations" as judges spend the time for writing judgments. All are aware that judges are not working only from 10.30 AM to 4 PM, the law officer of the Union said.

Supreme Court Expresses Displeasure Over Registry Not Placing Case Orders In Case File

Case Title: THE STATE OF KARNATAKA VS. SARVABHOUM BAGALI, DIARY NO. - 48593/2023

Coram: Justices Abhay S. Oka and Ujjal Bhuyan

The bench stated that despite several orders being passed bringing the default to the notice of the Registry, no corrective steps are being taken by the Registry to cure the default of non-placing of the case orders in the case file.

Supreme Court Adjourns Bail Plea Of Bhima Koregaon Case Accused Jyoti Jagtap To July

Case Details: Jyoti Jagtap v. National Investigation Agency & Anr. | Special Leave Petition (Criminal) No. 5997 of 2023

The Supreme Court has adjourned the bail plea of activist and Bhima Koregaon case accused Jyoti Jagtap to July. It may be noted that the plea for interim bail was listed before the three-judge Bench of Justices Sanjiv Khanna, MM Sundresh, and Bela M Trivedi yesterday. However, it was re-listed for today.

Supreme Court Adjourns Bail Plea Of Former TN Minister Senthil Balaji Till July 10

Case Title: V. Senthil Balaji v. The Deputy Director, SLP(Crl) No. 3986/2024

Coram: Justices AS Oka and Ujjal Bhuyan

The Supreme Court has relisted to July 10 the bail plea of former Minister Senthil Balaji after adjournment was sought on behalf of the Solicitor General (SG) Mr Tushar Mehta as he was engaged in the matter of CM Kejriwal

Supreme Court Refuses To Consider ED's Objection To Arvind Kejriwal's Statement That He Won't Be Back In Jail If Votes Are Given For AAP

Coram: Justices Sanjiv Khanna and Dipankar Datta

The Supreme Court refused to act against the statements made by Delhi Chief Minister Arvind Kejriwal that if votes were given to the Aam Aadmi Party (AAP), he would not have to go back to jail.

'If ED Arrest Ignores Materials Favouring Accused, Won't It Be Ground For Bail?' : Supreme Court While Hearing Arvind Kejriwal's Plea

The Supreme Court on Wednesday (May 16) extensively heard the petition filed by Delhi Chief Minister Arvind Kejriwal challenging his arrest by the Enforcement Directorate (ED) under the Prevention of Money Laundering Act, 2002 (PMLA) in connection with the Delhi liquor policy case.

Parts Of UP Anti-Conversion Law Seem To Be Violating Article 25 Of Constitution: Supreme Court

Case Title : RAJENDRA BIHARI LAL AND ANR. v. STATE OF U.P. AND ORS.| W.P.(Crl.) No. 123/2023 and connected cases.

Coram: Justices J. B. Pardiwala and Manoj Misra

The Supreme Court orally commented that the Uttar Pradesh anti-conversion law [UP Prohibition of Unlawful Conversion of Religion Act, 2021] in some parts may seem to be violative of the fundamental right to religion guaranteed under Article 25 of the Constitution

Should Timelines Fixed For Selection Process By PSC Be Relaxed For Women Due To Pregnancy/Maternity? Supreme Court To Consider

Case Details: KERALA PSC VERSUS ATHIRA P. AND OTHERS SLP (C) DIARY NO. 16047 OF 2024

Coram: Justices Hima Kohli and Ahsanuddin Amanullah

The Supreme Court agreed to consider the issue of whether timelines fixed in the Notification for selections to public appointments issued by the Public Service Commission (KPSC) can be altered and postponed on account of the maternity period endured by women aspirants.

Supreme Court Refuses To Consider Hemant Soren's Plea For Interim Bail, Lists It On May 21 Before Vacation Bench

Case Title: Hemant Soren v. Directorate of Enforcement and Anr., SLP(Crl) No. 6611/2024

Coram: Justices Sanjiv Khanna and Dipankar Datta

The Supreme Court refused to consider former Jharkhand Chief Minister Hemant Soren's plea for interim bail in a money laundering case for the purposes of election campaigning.

Supreme Court Reserves Judgment On Delhi CM Arvind Kejriwal's Petition Challenging ED Arrest

Case Title: Arvind Kejriwal v. Directorate of Enforcement, Crl.A. No. 2493/2024

Coram: Justices Sanjiv Khanna and Dipankar Datta

The Supreme Court reserved judgment on the petition filed by Delhi Chief Minister Arvind Kejriwal challenging his arrest by the Enforcement Directorate (ED) under the Prevention of Money Laundering Act, 2002 (PMLA) in connection with the Delhi liquor policy case.

Why Can't Form 17C Data Be Disclosed? Supreme Court Seeks ECI Response On Plea To Publish Voter Turnout Numbers Soon

Case Details : Association for Democratic Reforms & Anr. v. Union of India | WP(C) 1382 OF 2019

Coram: Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Manoj Misra

The Supreme Court gave one week time to the Election Commission of India(ECI) to file its response to an application seeking directions to the ECI to upload on its website the scanned copies of Form 17-C (which records the number of votes polled in a booth) soon after the elections.

Supreme Court Reserves Judgment On Petitions Challenging Provisions Of CGST/SGST & Customs Act

Case Title: Radhika Agarwal v. Union of India and Ors., W.P.(Crl.) No. 336/2018 (and connected matters)

Coram: Justices Sanjiv Khanna, MM Sundresh and Bela M Trivedi

The Supreme Court on May 16 reserved judgment in a batch of petitions challenging the constitutional validity and interpretation of the provisions of CGST/SGST Act & Customs Act.

While various lawyers led arguments on behalf of the petitioners, including Senior Advocates Vikram Chaudhri and Siddharth Luthra, the respondent-authorities were represented by Solicitor General Tushar Mehta and ASG SV Raju.

Supreme Court Grants Last Opportunity To Election Commission To Submit Schedule For Conducting Bye-Poll At West Bengal Assembly Constituency

Case Title: SUVENDU DEY VS. ELECTION COMMISSION OF INDIA., DIARY NO. - 19472/2023

Coram: Justices Surya Kant and KV Viswanathan

The Supreme Court granted a last opportunity to the Election Commission of India to submit the schedule for conducting the bye-election at Manicktala Constituency in Kolkata, West Bengal after the assembly seat fell vacant due to the dismissal of the election petition filed by the returning candidate challenging the election of TMC MLA Sadhan Pandey.

Saw Images Of Forest Guards Dousing Fires With Banana Leaves : Supreme Court To Uttarakhand Govt, Seeks Permanent Solution To Forest Fires

Case Title: THE STATE OF UTTARAKHAND & ANR v. IN THE MATTER OF THE PROTECTION OF FOREST, ENVIRONMENT, ECOLOGY, WILDLIFE ETC. FROM THE FOREST FIRE ETC., CIVIL APPEAL NO(S). 1249/2019

Coram: Justices B.R Gavai and Sandeep Mehta

The Supreme Court, while hearing the matter regarding forest fires ranging across the State of Uttarakhand, was informed by the Solicitor General Tushar Mehta that the State has taken the matter seriously. Further, the Court was also told that the Union officer alongwith the State's chief secretary and the Amicus Curiae would sit together to chalk out the modalities.

Resolve Row Over University VC Appointments Or Else We Will Appoint : Supreme Court Warns West Bengal Govt, Governor

Case Title: State of West Bengal v. Dr. Sanat Kumar Ghosh & Ors. | Special Leave Petition (Civil) No. 17403 of 2023

Coram: Justices Surya Kant and KV Vishwanathan

The Supreme Court, while hearing an ongoing dispute between the West Bengal government and Governor CV Anand Bose(Chancellor of Universities) regarding the appointment of interim vice-chancellors (VC), warned both the parties that it will appoint the VCs if the parties fail to do it amicably.

Supreme Court To Consider Plea On Acid Attack Survivors' Challenges To Complete 'Live Photograph' Requirement Of e-KYC Process

Case Details : PRAGYA PRASUN VS. UNION OF INDIA W.P.(C) No. 000289 - / 2024

Coram: CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra

The Supreme Court agreed to consider the issue of the lack of guidelines for an inclusive digital KYC process for acid attack survivors and persons with permanent eye damage.

The petitioners seek directions to the Central authorities for framing appropriate guidelines providing for alternative methods to conduct the Digital KYC/e-KYC (Electronic Know Your Customer) process for acid attack survivors suffering from permanent eye-disfigurement or eye burns, with the view to make the Digital KYC/e-KYC process more accessible and inclusive towards all disabled persons, particularly acid attack survivors.



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