Here's a comprehensive overview of the Supreme Court of India proceedings during July 2024. This monthly digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the month of March and also the updates of the Constitution bench hearing on the taxation matter of mineral-bearing lands, providing...
Here's a comprehensive overview of the Supreme Court of India proceedings during July 2024. This monthly digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the month of March and also the updates of the Constitution bench hearing on the taxation matter of mineral-bearing lands, providing a succinct overview.
Orders/ Judgments
Case Details: Sharwan Kumar Yadav @Sharwan Yadav v. State of Bihar SPECIAL LEAVE PETITION (CRIMINAL) Diary No.27349/2024
The Supreme Court on Monday (July 1) expressed disappointment over an 'absurd' condition for bail imposed by the Patna High Court where the bail was granted to an accused on the condition that the victim of the offence should stand as his surety. The Court lamented how such a condition led to the petitioner suffering in jail for a year despite being ordered for release.
Case Title: BHERULAL VERSUS THE STATE OF MADHYA PRADESH
The Supreme Court on Wednesday (July 3) expressed displeasure with the Madhya Pradesh High Court's order for adopting a casual approach in refusing to consider the plea of a 70-year-old ailing man for the suspension of the sentence. While granting bail to the petitioner, the Supreme Court said that the plea for a suspension of sentence should be considered liberally in cases of fixed term sentences, unless an exceptional circumstance arises.
Case Details : JAVED GULAM NABI SHAIKH Versus THE STATE OF MAHARASHTRA AND ANR | SLP(Crl) No. 3809/2024
Sending an important message to the Courts across the country, the Supreme Court recently lamented that the High Courts and Trial Courts have forgotten that bail cannot be denied as a punishment.
Case Title: BHUPATJI SARTAJJI JABRAJI THAKOR VERSUS THE STATE OF GUJARAT, Diary No.27298/2024
The Supreme Court observed that a life convict can be granted the benefit of suspension of sentence only if prima facie it appears that the conviction is unsustainable and the convict has a high chance of succeeding in appeal against the conviction. The Court said that the benefit of suspension of sentence cannot be granted to the convict if there is nothing palpable to conclude that the conviction was unsustainable in law.
Case Title – Frank Vitus v. Narcotics Control Bureau., 2024 LiveLaw (SC) 441
The Supreme Court held that there cannot be a bail condition that enables the police to constantly track the movements of the accused and virtually peep into the privacy of the accused.
A bench of Justice Abhay S Oka and Justice Ujjal Bhuyan was examining whether a bail condition requiring an accused to drop a pin on Google Maps for the investigating officer to access his location violates a person's right to privacy.
Case Title: State through Central Bureau of Investigation v. Surendra Koli, Diary No. 15138-2024 (and connected cases)
The Supreme Court issued notice on CBI's pleas challenging acquittal of Surendra Koli, one of the accused in Noida serial murder cases of 2005-2006 (Nithari Kand).
A bench of Justices BR Gavai and KV Viswanathan passed the order, on hearing Solicitor General Tushar Mehta, who argued that Koli was a serial killer who used to lure young girls and kill them.
Case Title: State of West Bengal v. Dr. Sanat Kumar Ghosh & Ors. | Special Leave Petition (Civil) No. 17403 of 2023
The Supreme Court (July 08), in an ongoing dispute between the West Bengal government and Governor CV Anand Bose (Chancellor of Universities) regarding the appointment of Vice-Chancellors (VC) of Universities, has ordered the constitution of a separate or joint Search Selection Committee.
Case Title: The State of West Bengal v. High Court at Calcutta through Registrar General, SLP(C) No. 9462-9465/2024
In a significant development, the Supreme Court dismissed West Bengal government's pleas against direction for CBI enquiry into the Sandeshkhali violence.
Briefly put, the bench of Justices BR Gavai and KV Viswanathan was dealing with a petition filed by State of West Bengal against the Calcutta High Court directing CBI to investigate the allegations of land-grabbing and sexual assault in Sandeshkhali by Shajahan Sheikh, a now-suspended member of the Trinamool Congress, and his followers.
Case Title – In Re Compensation Amounts Deposited With Motor Accident Claims Tribunals And Labour Courts., SMW(C) No. 7/2024
The Supreme Court has initiated a suo moto writ petition over large sums of money lying deposited in Motor Accident Claims Tribunals (MACT) and labour courts without being given to the beneficiaries.
A bench of Justice Abhay Oka and Justice Agustine George Masih said that an administrative order has been passed by Chief Justice of India DY Chandrachud initiating a case based on an email sent to the court on May 25, 2024.
Case Title : Nipun Malhotra v. Sony Pictures Films India Private Ltd., 2024 LiveLaw (SC) 439
In a notable judgment delivered, the Supreme Court has issued a set of guidelines to the visual media to ensure a dignified portrayal of persons with disabilities. The Court stressed that portrayals which carry negative stereotypes about persons with disabilities would impact their dignity and perpetuate social discrimination against them.
Case Details: M. SWARAJ VS. K. BABU., DIARY NO. - 22474/2024
The Supreme Court has issued notice in a petition filed by CPI(M) leader and former MLA M. Swaraj against the Kerela High Court's dismissal of his petition challenging the election of Congress candidate K. Babu from Tripunithura constituency in the 2021 Kerala assembly elections.
Case Details: THE STATE NCT OF DELHI Versus AMIT SHUKLA., SLP(Crl) No. 8044/2024
In another development pertaining to the 2008 murder case of journalist Soumya Vishwanathan, the Supreme Court issued a notice in a special leave petition, preferred by the Delhi Police, challenging the bail granted to the four accused in this matter.
Case Title: The Sikh Collective v. The State of Bihar and Ors., SLP(C) No. 12905/2024
The Supreme Court dismissed a petition filed against 3 nominations made by District Judge, Patna to the Prabandhak Committee managing affairs of Sri Takhat Harimandir Ji, Patna Saheb.
Supreme Court Issues Notice To IT Department On NewsClick's Plea To Stay Tax Demand
Case Details: PPK NEWSCLICK STUDIO PVT. LTD. VS. DEPUTY COMMISSIONER OF INCOME TAX., DIARY NO. - 24553/2024
The Supreme Court issued a notice in an SLP filed by a news portal, “NewsClick,” against the Delhi High Court's order rejecting a stay on the income tax demand.
Supreme Court Issues Notice On Plea For Ensuring Stray Dogs' Sterilization And Immunization In Delhi
Case Title: CONFERENCE FOR HUMAN RIGHTS (INDIA) (REGD.) VS. UNION OF INDIA, DIARY NO. - 9352/2024
The Supreme Court issued notice on a petition filed by an NGO seeking to ensure immunization and sterilization of stray dogs in Delhi.
A bench of Justices BR Gavai and KV Viswanathan passed the order after hearing counsel for the petitioner NGO-Conference for Human Rights, who argued that no sterilization/immunization exercise had been carried out by the authorities.
Case Title – Mahesh Chand Bareth & Anr. v. State Of Rajasthan & Ors., 2024 LiveLaw (SC) 442
The Supreme Court upheld the age relaxation provided to Shiksha Karmis and other government educational project employed candidates for direct recruitment to the post of Prabodhak (teacher) under the Rajasthan Panchayati Raj Prabodhak Service Rules, 2008.
Case Title: Naresh Kumar Versus State of Delhi, Criminal Appeal No.: 1751 of 2017
The Supreme Court held that the non-questioning of an accused on 'incriminating circumstances' and depriving him of an opportunity to explain the incriminating circumstances under Section 313 of the Code of Criminal Procedure ("CrPC") would vitiate the trial if such omission result in a miscarriage of justice. The Court said that non-adherence to the provision of Section 313 of CrPC would result in an acquittal of the accused if it prejudices the accused.
Case Title – Union of India Pankaj Kumar Srivastava & Anr., 2024 LiveLaw (SC) 444
The Supreme Court criticized the Centre for making a 100 per cent visually impaired candidate who cleared the Civil Services Examination (CSE) “run pillar to post” for his appointment despite a large number of backlog vacancies for persons with disabilities.
Avoid Bulky Pleadings & Lengthy Submissions In Arbitration Appeals : Supreme Court To Advocates
Case Title: Bombay Slum Redevelopment Corporation Private Limited Versus Samir Narain Bhojwani., 2024 LiveLaw (SC) 445
Expressing displeasure over the filing of bulky and lengthy submissions in the arbitral proceedings, the Supreme Court on Monday (July 8) called upon the Bar to urge only the legally permissible grounds in the arbitration proceedings carried under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996.
Case Title: HAR NARAYAN TEWARI (D) THR. LRS. VERSUS CANTONMENT BOARD, RAMGARH CANTONMENT & ORS., 2024 LiveLaw (SC) 446
Observing that the principle of res judicata is applicable not only between the plaintiff and the defendants but also between the co-defendants, the Supreme Court held that the condition precedent to make the principle of res judicata applicable between the co-defendants is that there must be a conflict of interest between the co-defendants.
Case Details: ASHOK PANDEY Versus THE SPEAKER OF LOK SABHA., MA 821/2024 in MA 2716/2023 PIL-W
The Supreme Court refused to recall the cost of rupees one lakh imposed on Lucknow-based lawyer Ashok Pandey for filing the petition that challenged the restoration of Congress leader Rahul Gandhi's Lok Sabha membership.
CASE TITLE: Kush Kalra v. UoI And Anr. WP(C) No. 958/2022
The Supreme Court closed a petition challenging a gender discriminatory provision in the Code of Criminal Procedure 1973 taking note of the fact that the statute's replacement, the Bharatiya Nagarik Suraksha Sanhita(BNSS) 2023, has removed the provision.
Case Details: RABINDRA KUMAR PAL @ DARA SINGH Versus STATE OF ODISHA | Diary No. 11407-2024
The Supreme Court issued notice to the State of Odisha on a petition filed by Dara Singh seeking remission of the life sentence awarded to him for the murder of Australian missionary Graham Staines and his two sons in 1999.
J&K Will Come Under NHRC; All Other Statutory Commissions Restored There: Union Tells Supreme Court
Case Title: Asim Suhas Sarode v. UoI And Ors. WP(C) No. 921/2020
The Union informed the Supreme Court that apart from the Human Rights Commission, 6 major statutory commissions have been appointed in the Union Territory of Jammu & Kashmir & Ladakh. Now that J&K was a Union Territory, it would come under the jurisdiction of the National Human Rights Commission, the Union said.
Case Details : Case Title: The Temple of Healing v. Union of India| WP(C) 1003/2021
The Supreme Court expressed serious concerns over the non-compliance of several states in appointing Specialised Adoption Agencies (SAAs) within every district by January 31 2024. The Court has directed the Chief Secretaries of the States and UTs to strictly comply with the earlier order by August 30, 2024 failing which contempt proceedings may be initiated against them.
Case Details: Indu Varma v. Union of India [W.P.(C) No. 1062/2023]
The Supreme Court has given the States one last opportunity to file their counter affidavit in a PIL challenging the collection of an additional fee by local bodies for disposing of sanitary wastes.
The Court noted that while the States of Goa, Chhattisgarh, Kerela, Tripura, Assam and Punjab, Madhya Pradesh have filed their counter affidavits, other States shall do the same within two weeks.
Case Title: THANKAMMA GEORGE VERSUS LILLY THOMAS AND ANOTHER., 2024 LiveLaw (SC) 447
The Supreme Court observed that there would be an implied revocation of Power of Attorney (“POA”) granted to the agent if the act of Principal choosing to act for himself is known to an agent and third person.
"In a case where the principal chooses to act for himself, particularly to the agent's knowledge and a person to be affected, then it can be held that Section 207 of the Indian Contract Act is attracted," the Court observed. Section 207 provides for the revocation of agency.
Case Details : USHA GARG VS. UNION OF INDIA W.P.(C) No. 000313 - / 2024
The Supreme Court issued notice in a petition seeking efficient E-filing facilities at the National Consumer Dispute Redressal Commission (NCDRC)and State Commissions. The Court also requested NCDRC President, Justice AP Sahi to assist the Court through online presence on the next hearing.
Case Title – M/S Daimler Chrysler India Pvt. Ltd. v. M/S Controls & Switchgear Company Ltd. & Anr., 2024 LiveLaw (SC) 447
The Supreme Court upheld orders of the National Consumer Disputes Redressal Commission (NCDRC) granting relief to two companies who had purchased cars from luxury car company Mercedes-Benz for the use of their directors.
Case Title : Bijon Kumar Mahajan v. State of Assam., 2024 LiveLaw (SC) 449
Reminding that every advocate must appear before the Court in the proper attire as mandated by the Rules, the Supreme Court recently disposed of a petition filed by an advocate against an order passed by the Gauhati High Court expelling him from the Court for wearing jeans.
Case Details: State of West Bengal v. Union of India | Original Suit No. 4 of 2021
In a crucial development, the Supreme Court held that the State of West Bengal's suit against the Union over the registration of cases by the CBI despite revocation of its general consent is maintainable.
Case Title: Mohd Abdul Samad v. The State of Telangana & Anr., Special Leave to Appeal (Crl) 1614/2024
The Supreme Court held that a divorced Muslim woman is entitled to file a petition for maintenance against her ex-husband under Section 125 of the Code of Criminal Procedure. The Court held that this right of a Muslim woman is in addition to the right under the Muslim Women (Protection of Rights on Divorce) Act 1986.
Case Title – State of Karnataka v. Bhavani Revanna., SLP(Crl) No. 8386/2024
The Supreme Court issued notice on the petition filed by the Karnataka Special Investigation Team challenging the High Court's order granting anticipatory bail to Bhavani Revanna, mother of Prajwal Revanna, in a case for the alleged kidnapping of a woman.
Case Title : Muthyala Sunil Kumar vs Union of India and connected cases.
The Supreme Court disposed of a batch of writ petitions filed by transporters and tour operators challenging the action of various State Governments in levying Authorization Fee/Border Tax in violation of All India Tourist Vehicles (Permit) Rules, 2023.
Case Title :BINDU KAPUREA Versus SUBHASISH PANDA | Diary No. 21171-2024, NEW DELHI NATURE SOCIETY v. RAJESH KUMAR KAUSHAL AND ORS. Diary No. 21740-2024
The petitioner who filed a contempt case against the Delhi Development Authority (DDA) over illegal tree felling in Delhi Ridge Forest Area has filed an application in the Supreme Court raising allegations of harassment by the Delhi police.
The petitioner, Bindu Kapurea has complained about the police's actions, claiming that they have been subjected to undue scrutiny and harassment.
Case Title: HIGH COURT ADVOCATES BAR ASSOCIATION VS. SECRETARY STATE BAR COUNCIL, SLP(C) No. 011743/ 2024
The Supreme Court issued notice on a plea filed by High Court Advocates Bar Association, Jabalpur against refusal of the State Bar Council to recognize it as a separate bar association.
The bench of CJI DY Chandrachud and Justices JB Pardiwala, Manoj Misra tagged the case with other similar pending case(s) and assured that it would be listed early.
Case Title: M/S AL-CAN EXPORT PVT. LTD. VERSUS PRESTIGE H.M. POLYCONTAINERS LTD. & ORS., 2024 LiveLaw (SC) 453
The Supreme Court held that a person aggrieved by an auction sale conducted by the public functionary in gross violations of the mandatory provisions of law cannot be called upon to establish the dual conditions stipulated in Order XXI Rule 90 of the Code of Civil Procedure, 1908 (“CPC”) for setting aside the auction sale.
Case: Mona Priyedarshini and others v National Medical Commission and others| W.P.(C) No. 000349 / 2024 and connected case
The Supreme Court issued notice on two writ petitions filed by Foreign Medical Graduates from eight medical colleges in Rajasthan and the Ram Manohar Lohia Hospital, New Delhi complaining of non-payment of stipend.
Case Title: Directorate of Enforcement v. Sadhu Singh Dharamsot, SLP(Crl) No. 7684-7685/2024
The Supreme Court dismissed as infructuous the Enforcement Directorate's plea for cancellation of interim bail granted to former Punjab minister and Congress leader Sadhu Singh Dharamsot in a money laundering case relating to an alleged forest scam.
Case Title: Sukanya Shantha v. Union of India, W.P.(C) No. 1404/2023
While reserving judgment on a public interest litigation highlighting the issue of caste-based discrimination in Indian prisons, the Supreme Court expressed displeasure with some of the provisions contained in state prison manuals and remarked that they were "very disturbing".
A bench of Chief Justice of India DY Chandrachud and Justices JB Pardiwala, Manoj Misra heard the matter and concluded arguments on behalf of both sides.
Case Title – State of West Bengal & Ors. v. Rajpath Contractors and Engineers Ltd., 2024 LiveLaw (SC) 454
The Supreme Court reiterated that if an arbitral award is challenged beyond the three-month limitation, the benefit of section 4 of the Limitation Act will not be available. The Court held that the 30-day extension period mentioned in the proviso to Section 34(3) of the Arbitration and Conciliation Act 1996 cannot be included in the "prescribed period" in Section 4 of the Limitation Act 1963.
Case Details: SUBODH KUMAR SINGH RATHOUR VERSUS THE CHIEF EXECUTIVE OFFICER & ORS., CIVIL APPEAL NO. 6741 OF 2024
In a notable judgment, the Supreme Court cautioned the public authorities against cancelling public tenders arbitrarily and stressed the importance of upholding the sanctity of contracts.
The Court explained that public tenders emanate from the Doctrine of Public Trust and are designed to provide a level playing field for all potential bidders.
Relevant Factors To Assess Compensation In Land Acquisition Proceedings : Supreme Court Explains
Case Details: New Okhla Industrial Development Authority Versus Harnand Singh (Deceased) through LRs & Ors.
The Supreme Court laid down the three categories of relevant factors that ought to be considered while determining the estimated value of the land to determine a fair amount of compensation in land acquisition proceedings.
The court has developed the belowmentioned categories of factors so that the valuation of the land could be ascertained based on these factors, and there would be no room left for judicial discretion to determine land valuation based on speculation.
Case Title: YOGESH GOYANKA VERSUS GOVIND & ORS.
The Supreme Court reiterated that a registered sale deed cannot be held to be void merely because it was executed during the pendency of a suit in relation to the property. The doctrine of lis pendens under Section 52 of the Transfer of Property Act 1882 does not render the pendente lite transfer void.
The Court also held that there is no bar for impleadment of the transferee who has purchased the suit property via a registered sale deed during the pendency of the suit.
Case Title : X vs Y., 2024 LiveLaw (SC) 458
The Supreme Court observed that a divorce petition can be presented on the ground that there has been no restitution of conjugal rights between the parties to the marriage for a period of one year and more after passing the decree for restitution of conjugal rights.
Presumption Of Non-Application Of Mind If Bail Order Does Not Furnish Reasons: Supreme Court
Case Details: THE STATE OF JHARKHAND v. ANIL GANJHU., CRIMINAL APPEAL NO.2843 OF 2024
Recently, the Supreme Court observed that where an order of bail does not furnish reasons behind the decision taken, there is a presumption of the non-application of mind.
"Where an order refusing or granting bail does not furnish the reasons that inform the decision, there is a presumption of the non-application of mind which may require the intervention of this Court."
Supreme Court Stays Manipur HC Direction Requiring CBI To Track Absconding Rape Convict In 5 Months
Case Title: CENTRAL BUREAU OF INVESTIGATION Versus STATE OF MANIPUR AND ORS., Diary No. 10963-2024
The Supreme Court stayed a direction issued by Manipur High Court to the Central Bureau of Investigation (CBI) requiring it to speedily track and produce Timothi Changsang, a child-home Administrator convicted for raping minor girls, who is absconding since 2018.
Case Title: Re-Inhuman Conditions In 1382 Prisons v. Director General of Prisons and Correctional Services and Ors., W.P.(C) No. 406/2013
The Supreme Court passed a detailed order in a public interest litigation (PIL) initiated to address the issue of overcrowding of prisons in India. The Court directed the States of Uttar Pradesh, Gujarat, Telangana, Tamil Nadu and West Bengal to file a fresh affidavit after taking into account the suggestions made by the Amicus Senior Advocate Gaurav Aggarwal. The suggestions made by Amicus and the order passed underscored the need for the states to come up with effective and timely actions in order to alleviate the issue of overcrowding in prisons.
Case Details: P. SASIKUMAR Versus THE STATE REP. BY THE INSPECTOR OF POLICE., 2024 LiveLaw (SC) 460
The Supreme Court observed that if the accused is a stranger to a witness, then without holding a Test Identification Parade(TIP) of the accused, the identification of the accused by a witness in the court cannot be considered a good piece of evidence for deciding conviction.
Case Title – Md. Rahim Ali @ Abdur Rahim v. State Of Assam & Ors., 2024 LiveLaw (SC) 462
The Supreme Court on Thursday held that the authorities cannot randomly accuse people of being foreigners and initiate investigation into a person's nationality without the existence of material basis or information for suspicion.
Case Title: Arvind Kejriwal v. Directorate of Enforcement, SLP(Crl) 5154/2024., 2024 LiveLaw (SC) 463
In a significant development, the Supreme Court granted interim bail to Delhi Chief Minister Arvind Kejriwal in the case registered by under the Prevention of Money Laundering Act (PMLA) over the liquor policy case, while referring his petition challenging the arrest by the Enforcement Directorate (ED) to a larger bench.
Case Details : M/S. POWER SMART MEDIA PVT LTD VS. UNION OF INDIA DIARY NO. - 29441/2024
The Supreme Court stayed the order of the Karnataka High Court which restrained the broadcast of Kannada news channel 'Power TV'. The stay will operate till next Monday when the Court will continue hearing the matter.
Supreme Court Extends Former Maharashtra Minister Nawab Malik's Interim Bail By Two Weeks
Case Details: Mohammed Nawab Malik v. the State of Maharashtra | Criminal Appeal No. 2415 of 2023
The Supreme Court extended the interim bail granted to former Maharashtra minister Nawab Malik last August by two weeks. Malik was arrested on February 23, 2022, by the Directorate of Enforcement (ED) in a money laundering case but was released on interim bail.
Supreme Court Rejects PIL Alleging Discrepancies In Voting Data Of 2024 Lok Sabha Elections
Case Details: PRIYA MISHRA VS. ELECTION COMMISSION OF INDIA DIARY NO. - 28032/2024
The Supreme Court dismissed a petition seeking disclosure of data regarding alleged discrepancies in the counting of votes by the Election Commission of India (ECI) during the recent general elections.
Supreme Court Seeks Affidavits From States/HCs On Establishment & Functioning Of Gram Nyayalayas
Case Title: NATIONAL FEDERATION OF SOCIETIES FOR FAST JUSTICE AND ANR. Versus UNION OF INDIA AND ORS., W.P.(C) No. 1067/2019
In a public interest litigation seeking establishment and effectuation of Gram Nyayalayas in the country as per the mandate of Gram Nyayalayas Act, 2008, the Supreme Court directed states/UTs and their High Courts to file fresh affidavits on the establishment and functioning of Gram Nyayalayas.
Case Details: Bindu Kapurea v. Subhasish Panda Dairy No. 21171-2024, In Re Subhasish Panda Vice Chairman DDA SMC(Crl) No. 2/2024
The Supreme Court remarked that a "cover up" was going on at the instance of the Delhi Development Authority regarding the role played by the Lieutenant Governor of Delhi VK Saxena in directing the illegal felling of trees in Delhi Ridge Forest Area.
Petitioners In Contempt Case Against DDA Should Not Be Harassed : Supreme Court To Delhi Police
Case Details: Bindu Kapurea v. Subhasish Panda | Diary No. 21171-2024, New Delhi Nature Society v. Rajesh Kumar Kaushal And Ors. Diary No. 21740-2024
The Supreme Court stated that no authority shall harass the petitioners who filed a contempt case against the Delhi Development Authority (DDA) over illegal tree felling in Delhi Ridge Forest Area.
The petitionesr in the contempt case has alleged harassment by the Delhi police after the contempt petition was filed. The petitioners stated that the Delhi police was making enquiries and collected the bank account details. The petitioners therefore filed an application to implead the Delhi Police Commissioner and the Axis Bank in the case.
Case Title: SATYENDRA JAIN Versus S.C. VATS AND ORS., Diary No. 52890-2023
The Supreme Court on July 12 issued notice on a plea filed by former Delhi Minister Satyendra Jain against Dr SC Vats, Chairman of the governing council of Vivekananda Institute of Professional Studies (VIPS). The case pertains to a witness sought to be cross-examined by Jain in a 2020 election petition filed by Vats challenging his election from Shakur Basti, Delhi.
Case Title – Jitendra Paswan Satya Mitra v. State Of Bihar., SLP (Crl.) No. 8620/2024
The Supreme Court raised concerns over a "strange" order by the Patna High Court that granted bail to an accused in a murder case but directed his release only after six months, without providing any reason for this condition.
Case Details: ARMY WELFARE EDUCATION SOCIETY NEW DELHI Versus SUNIL KUMAR SHARMA & ORS. ETC., CIVIL APPEAL NOS. 7256-7259 OF 2024
The Supreme Court held that a writ petition under Article 226 of the Constitution couldn't be entertained against a private education society for adjudication of private service disputes.
The Court also held that the Army Welfare Education Society cannot be considered as "State" under Article 13 of the Constitution.
Case Title – Central Information Commission v. DDA & Anr., 2024 LiveLaw (SC) 465
The Supreme Court recently held that the Chief Information Commissioner (CIC) has the power to form benches and frame regulations for the effective management of the affairs of the Central Information Commission under Section 12(4) of the Right to Information Act, 2005.
Supreme Court Explains Features Of Doctrine of Legitimate Expectation
Case Details: ARMY WELFARE EDUCATION SOCIETY NEW DELHI Versus SUNIL KUMAR SHARMA & ORS. ETC., CIVIL APPEAL NOS. 7256-7259 OF 2024
Observing that the doctrine of legitimate expectation cannot be extended to the operation of a contract, the Supreme Court laid down the crucial features regarding the doctrine of legitimate expectation.
Supreme Court Directs BMW To Pay Rs 50 Lakhs Compensation To Customer For Defective Car
Case Title: The State of Andhra Pradesh v. BMW India P.Ltd. and Ors., Crl.A. No. 1044/2019 (and connected case)., 2024 LiveLaw (SC) 466
The Supreme Court disposed of a 15-year-old cheating case pending against BMW India Pvt. Ltd. and certain members of its management. The case was instituted by GVR Infra Projects, being aggrieved by BMW's supply of a defective car in 2009.
Confession Before Police Cannot Be Included In Charge Sheet: Supreme Court
Case Title: Sanju Bansal v. State of Uttar Pradesh., 2024 LiveLaw (SC) 467
The Supreme Court on Friday said that courts must ignore confessional statements recorded by police officers if they form part of the charge-sheet.
Under the section 25 of the Indian Evidence Act and corresponding provision section 23(1) of the Bharatiya Sakshya Adhiniyam, confessions made by an accused to police officer are not admissible as evidence.
Case Title: D. K. SHIVAKUMAR VS. CENTRAL BUREAU OF INVESTIGATION, DIARY NO. - 47121/2023
The Supreme Court dismissed Karnataka Deputy Chief Minister DK Shivakumar's petition challenging a High Court order, whereby his plea to quash the Central Bureau of Investigation's disproportionate assets (DA) case against him under the Prevention of Corruption Act (PCA) was rejected.
Bhima Koregaon Case: Supreme Court Adjourns Jyoti Jagtap's Plea To August 7
Case Details: Jyoti Jagtap v. National Investigation Agency & Anr. | Special Leave Petition (Criminal) No. 5997 of 2023
While adjourning to August 7 a plea filed by activist and Bhima Koregaon case accused Jyoti Jagtap challenging denial of regular bail by Bombay High Court, the Supreme Court expressed that it was not inclined to grant interim bail to her.
NEET-UG 2024| Supreme Court Issues Notice On Pleas Filed By NTA To Transfer Petitions From HC To SC
Case Details : NATIONAL TESTING AGENCY Versus DURGESH RAJ AND ORS. And Other Connected Matters
The Supreme Court today (July 15) issued notice in the transfer petitions filed by the National Testing Agency (NTA) concerning NEET-UG 2024 cases pending before the Rajasthan High Court
Before the High Court, a batch of writ petitions was filed challenging the NEET examination. However, the NTA moved to the Top Court seeking the transfer of the petitions to the already pending batch of matters before it.
Case Details: GAURAV MAINI Versus THE STATE OF HARYANA
Recently, the Supreme Court held that the non-examination of the lead witness who gave information about the crime would be fatal to the prosecution's case. The Court said that the trial courts must be vigilant to call upon such witnesses for examination whose deposition is essential to arrive at a right conclusion.
Case : Anamika Jaiswal v. Union of India Review Petition (Civil) No 376 of 2024
The Supreme Court has dismissed a petition seeking review of its January 3 verdict which rejected a plea to direct a court-monitored investigation by a Special Investigation Team or the Central Bureau of Investigation into allegations in the Hindenburg Research report against the Adani group companies regarding violations of stock market regulations.
Case Details: DR. BHIM RAO AMBEDKAR VICHAR MANCH BIHAR, PATNA Versus THE STATE OF BIHAR & ORS., 2024 LiveLaw (SC) 472
The Supreme Court on Monday (July 15) struck down the resolution issued by the Bihar Government in 2015 which had merged one community in the Backward Castes list with another community in the Scheduled Caste list.
The Court said that the State Government had no competence/ authority/power to tinker with the lists of Scheduled Castes published under Article 341 of the Constitution.
Case Details: MAHARAJ SINGH & ORS. Versus KARAN SINGH (DEAD) THR. LRS. & ORS., 2024 LiveLaw (SC) 473
When a vendor is under a contractual obligation to transfer the suit property to the plaintiff, and transfers the suit property to a third person, then the plaintiff while filing a suit for specific performance of contract need not be required to plead for cancellation of the sale made in favor of the third person by the vendor if the property was purchased without bonafides and with notice of the agreement to sell, observed the Supreme Court.
Case : State of Nagaland v. Union of India | WRIT PETITION (CRIMINAL) Diary No.17297/2024
The Supreme Court issued notice to the Union Government on a writ petition filed by the State of Nagaland seeking sanction to prosecute 30 personnel of the Indian Army who are accused of killing 13 civilians during a botched up military operation in the Mon district in December 2021.
Supreme Court Issues Notice To CBI/ED On Manish Sisodia's Bail Applications In Liquor Policy Case
Case Details: MANISH SISODIA Versus DIRECTORATE OF ENFORCEMENT., SLP(Crl) No. 8781/2024, MANISH SISODIA Versus CBI, SLP(Crl) No. 8772/2024,
The Supreme Court today issued notice on former Delhi Deputy Chief Minister Manish Sisodia's bail applications in the money laundering and corruption cases registered over the alleged liquor policy scam.
A bench of Justices BR Gavai, Sanjay Karol and KV Viswanathan passed the order, upon hearing Advocate Vivek Jain (appearing for Sisodia), who argued that Sisodia has remained in custody for 16 months and the trial is at the same stage as it was in October, 2023, when he was given liberty to come back if the trial does not progress.
'Punishment Must Be In Proportion To Gravity Of Offence', Supreme Court Enhances Sentence For Bigamy
Case Details: Baba Natarajan Prasad v. M. Revathi., 2024 LiveLaw (SC) 474
Observing that the Court must impose a sentence commensurate with the gravity of the offence, the Supreme Court on Monday (July 15) enhanced the sentence imposed on a man and a woman for the offence of bigamy under Section 494 of the Indian Penal Code.
Case Details : THE STATE OF WEST BENGAL vs. BAISHAKHI BHATTACHARYYA (CHATTERJEE) SLP(C) No. 009586 - / 2024
The Supreme Court adjourned the hearing of the challenge to the Calcutta High Court's Order which had set aside appointments of nearly 25,0000 school teachers made by the West Bengal School Service Commission (WB SSC).
Supreme Court Refuses To Entertain PIL On Stray Dog Issue, Asks Petitioner To Move HC
Case Details: SABU STEEPHEN VS. UNION OF INDIA., DIARY NO. - 42441/2019
The Supreme Court (on July 15) dismissed the petition pertaining to the prevention of mishaps arising due to stray dogs issue.
At the very outset, the bench of justices JK Maheshwari and Rajesh Bindal pointed out the recent Supreme Court order. Therein, the Court had disposed of a batch of petitions relating to the stray dog issue, stating that in view of Animal Birth Control Rules, 2023, the matter can now be decided by the respective High Courts.
Case Title : State of Kerala v. Vaisakh | Petition for Special Leave to Appeal (Crl.) No. 8556/2024
The Supreme Court has decided to examine the impact of mixing the samples drawn from contraband contained in different packages in violation of the provisions of the Narcotic Substances and Psychotropic Substances Act and the rules made thereunder.
Case Title: Ram Prakash Chadha Versus The State of Uttar Pradesh., 2024 LiveLaw (SC) 475
Discharging a person who was arraigned as an accused, the Supreme Court observed that the grounds for proceeding against the accused should not be based on mere suppositions suspicions, or conjectures but must be founded upon relevant material available before the Court.
Case Title: M ALAGARSAMY Versus UNION OF INDIA AND ORS., W.P.(C) No. 1342/2018
In a public interest litigation pertaining to illegal sand mining at rivers and beaches, the Supreme Court today called for counter-affidavits from certain states and warned that costs of Rs.20,000 each would be imposed on them if the affidavits are not filed within stipulated time.
Case Details: SHAILENDRA KUMAR SRIVASTAVA Versus THE STATE OF UTTAR PRADESH & ANR., 2024 LiveLaw (SC) 476
The Supreme Court has held that the prosecution of a gruesome crime of double murder cannot be withdrawn by the State on the mere ground that the accused has a good public image being an elected representative.
Reservation For Transgender Persons : Supreme Court Seeks Responses From 3 States, 5 UTs
Case Details : KAMLESH & ORS. v. NITEN CHANDRA & ORS. CONMT.PET.(C) No.952/2023 In W.P.(C) No.400/2012
The Supreme Court recently sought responses from various States and Union Territories regarding compliance with the directions given in the landmark case of NALSA v. Union Of India for devising mechanisms to give the benefit of affirmative action to the Transgender community in India.
Case Title – M/s Omsairam Steels & Alloys Pvt. Ltd. v. Director of Mines and Geology, Bhubaneswar & Ors., 2024 LiveLaw (SC) 477
The Supreme Court held that a government auction is a competitive bidding process, and bidders have to exercise a greater than ordinary degree of care to prevent situations that cost the public exchequer heavily in terms of time, effort and expense.
Case Title : Nikhil v State of Maharashtra., 2024 LiveLaw (SC) 478
The Supreme Court has held that a condition cannot be imposed that the convict must deposit 50% of the compensation directed under Section 357 of the Code of Criminal Procedure to suspend the sentence.
Case Details: THE STATE OF PUNJAB & ORS Versus BHAGWANTPAL SINGH ALIAS BHAGWANT SINGH (DECEASED) THROUGH LRS.
The Supreme Court observed that the lethargy or the carelessness on the part of the State Government in not getting the revenue records corrected would not take away the rights conferred on the State under a deed.
The Court said that once the property is transferred to the State by way of a valid gift deed, then the property would be deemed to be owned by the State.
Is TDS Applicable To Allowances To Judicial Officers Under SNJPC? Supreme Court To Consider
Case Title: All India Judges Association v. UoI And Ors. WP(C) No. 643/2015
The Supreme Court is set to examine the issue of the applicability of provisions of Tax Deduction at Source (TDS) on the allowances given to judicial officers under the Second National Judicial Pay Commission (SNJPC) . The Court is examining this issue in the All India Judges Association case in which it is overseeing the implementation of the recommendations of the Second National Judicial Pay Commission (SNJPC).
Case Details: ASHOK DAGA Versus DIRECTORATE OF ENFORCEMENT., 2024 LiveLaw (SC) 480
Recently, the Supreme Court observed that an accused cannot be said to be a witness against himself if he was called upon to admit or deny the genuineness of the documents produced by the prosecution under Section 294 of the Code of Criminal Procedure (CrPC).
Case Title – State of Uttar Pradesh and Anr. v. Virendra Bahadur Katheria and Ors.., 2024 LiveLaw (SC) 480
The Supreme Court explained that when a petition for special leave to appeal is allowed by the court, the impugned judgment gets merged with the decision of the Supreme Court in the appeal arising from the SLP.
Case Details: AMRO DEVI & ORS. Versus JULFI RAM (DECEASED) THR.LRS. & ORS., 2024 LiveLaw (SC) 482
The Supreme Court held that a compromise deed cannot be recognized unless it is reduced to writing and signed by the parties.
The Court said that the settlement or compromise cannot be said to arrive on mere recording of statements before the Court.
Case Title: Balasaheb Keshawrao Bhapkar & Ors. v. Securities and Exchange Board of India & Ors., WP (Crl.) No. 546 of 2023
To deal with investor claims pertaining to the Sai Group of Companies, which are accused of illegal mobilization of funds, the Supreme Court recently invoked its power under Article 142 of the Constitution to appoint a High Powered Sale Committee (HSPC), to be headed by its former judge Justice S Ravindra Bhatt. It also granted interim bail to two founder-Directors of the companies, taking into account their incarceration of over 8 years.
Case Details: BIHAR STAFF SELECTION COMMISSION & ANR. Versus HIMAL KUMARI & ANR. ETC., 2024 LiveLaw (SC) 483
The Supreme Court granted relief to the candidate who was denied a place in the merit list by the Bihar Staff Selection Commission because of holding Zero work experience despite qualifying the minimum marks criteria as per the advertisement.
Case Title – State of Uttar Pradesh and Anr. v. Virendra Bahadur Katheria and Ors., 2024 LiveLaw (SC) 480
The Supreme Court observed that pay parity cannot be claimed as an indefeasible right unless the competent authority consciously decides to equate two posts despite their different nomenclature or qualifications.
Case Details: Kiran Jyot Maini vs Anish Pramod Patel., SLP(Crl.) Nos. 672-675 & 1168-1171of 2024
The Supreme Court while ordering the dissolution of marriage, observed that the award of maintenance or permanent alimony should not be penal. It should be for the purpose of ensuring a decent living standard for a wife.
Case Title – A. Kamala v. State of Tamil Nadu and Ors., SLP(Crl) No. 8706-8707/2024
The Supreme Court granted interim relief to YouTuber Savukku Shankar against his preventive detention by the Tamil Nadu police. Savukku has been in preventive detention under for over two months. The court also asked the Madras High Court to expedite the decision in Savukku Shankar's mother's habeas corpus petition.
Case Details : VANSHIKA YADAV Versus UNION OF INDIA AND ORS. W.P.(C) No. 335/2024 & connected matters
The Supreme Court directed the National Testing Agency (NTA) to upload on their website the marks obtained by all the students who appeared in the NEET-UG 2024, city-wise and centre-wise, after masking the identity of the students.
Case Title – Sheikh Javed Iqbal @ Ashfaq Ansari @ Javed Ansari v. State of Uttar Pradesh., 2024 LiveLaw (SC) 486
In a significant judgment granting bail to an undertrial prisoner facing charges under the Unlawful Activities(Prevention) Act, 1967(UAPA), the Supreme Court held that a constitutional court can grant bail despite statutory restrictions if it finds that the right to speedy trial under Article 21 of the Constitution has been infringed.
Supreme Court Stays Execution Of Death Penalty Given To Man For Rape-Murder Of Law Student In Kerala
Case : MUHAMMED AMEER-UL-ISLAM vs STATE OF KERALA | SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 30957/2024
The Supreme Court stayed the execution of the death sentence given to Muhammed Ameer-Ul Islam, a migrant labourer from Assam, for committing the rape and murder of a law student in Perumbavoor(Kerala) on April 28, 2016.
Case Title – M/s. Sun Pharmaceutical Industries Ltd. v. Union of India and Ors., 2024 LiveLaw (SC) 487
The Supreme Court observed that the purpose of Drugs (Price Control) Order, 1995 (DPCO) is to control prices of medicinal drugs for the common man, and it cannot be subjected to a narrow interpretation.
State Has Constitutional Duty To Protect & Restore Water Bodies: Supreme Court
Case Title – Mirza Abid Beg v. State of UP & Ors., Civil Appeal No(s). 1904/2020
The Supreme Court observed that the State has the constitutional duty to not only protect water bodies within the state but also to restore those water bodies which have been illegally filled in.
Case Title : Vishawl Tiwari v. Union of India M.A NO. /2024 IN WRIT PETITION (CIVIL) 245 OF 2024
In the wake of the recent derailment of the Kanchenjunga Express, a fresh plea has been filed in the Supreme Court seeking directions to the Railways to implement the "Kavach" anti-collision system across the rail network.
The petitioner urged the Court to seek an explanation from the Railways regarding the causes of the recent train accident and specific information on Kavach system.
Case Title – Sheikh Javed Iqbal @ Ashfaq Ansari @ Javed Ansari v. State of Uttar Pradesh., 2024 LiveLaw (SC) 486
The Supreme Court while granting bail to a man accused under the Unlawful Activities (Prevention) Act, 1967 (UAPA) observed that the judgement in the case of NIA v. Zahoor Ahmad Shah Watali cannot be cited as a precedent to deny bail in UAPA cases where the accused has suffered long incarceration.
Case Details: SBI GENERAL INSURANCE CO. LTD. Versus KRISH SPINNING., 2024 LiveLaw (SC) 489
Supreme Court held that while deciding a Section 11(6) petition for an appointment of an arbitrator, the referral courts must not conduct an intricate evidentiary enquiry into the question of whether the claims raised by the applicant are time-barred and should leave that question for determination by the arbitrator.
Supreme Court Allows Member From Another Bench To Join NGT Pune Bench Virtually
Case Title: NGT And Anr. v. Goa Foundation And Ors., DIARY NO. - 31440/2022
The Supreme Court, through its order, permitted the National Green Tribunal (NGT), Pune, to constitute a Bench with one member joining virtually from either the Principal Seat or another Bench.
Case Details : XXX Versus THE STATE OF WEST BENGAL W.P.(Crl.) No. 295/2024
The Supreme Court on Friday (July 19) sought the assistance of the Attorney General for India in a petition filed by a former woman employee of West Bengal Raj Bhavan challenging the immunity claimed by the State's Governor CV Ananda Bose against the investigation in the molestation complaint levelled by the woman against the Governor.
Case Title: RADHESHYAM BHAGWANDAS SHAH @ LALA VAKIL VS. UNION OF INDIA, DIARY NO. - 9861/2024
The Supreme Court today refused to entertain a plea filed by 2 convicts in the Bilkis Bano rape case challenging the January 8 judgment which set aside their remission granted by the Gujarat Government and directed them to surrender.
Supreme Court To Hear Plea Seeking SIT Probe Into Electoral Bonds 'Quid Pro Quo' On Monday
The Supreme Court will consider the plea for setting up a Special Investigation Team (SIT) to look into the alleged 'quid-pro-quo' arrangements under the Electoral Bonds Scheme on Monday along with other similar petitions.
Case Title – M/s. New Win Export & Anr. v. A. Subramaniam., 2024 LiveLaw (SC) 490
The Supreme Court recently reiterated that the purpose of making cheque bounce an offence was to ensure reliability of cheques, and compensatory aspect of remedy under the Negotiable Instruments Act, 1881 has priority over the punitive aspect in such cases.
A bench of Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah observed that courts should encourage settlement in cheque dishonour cases.
Case Details RAHUL BALWAN VS. UNION OF INDIA DIARY NO. - 29216/2024
The Supreme Court issued notice on a petition challenging the decision of the National Medical Commission(NMC) to not hold the NEET- Super Speciality Exam (NEET-SS) for 2024.
The petition was filed by thirteen doctors under Article 32 of the Constitution.
Case Title: SUBIR SENGUPTA Versus SECRETARY, ALIPORE BAR ASSOCIATION AND ORS., Diary No. 23223-2024
In a case raising the question as to whether a Bar Association's elections are amenable to writ jurisdiction of constitutional courts under Article 226 of the Constitution, the Supreme Court today expressed that if there is an issue regarding elections to a Bar Association, the same shall go before the concerned Civil Court.
Case Details : HARJINDER KUMARI VS. REGISTRAR GENERAL OF THE HIGH COURT OF PUNJAB AND HARYANA W.P.(C) No. 000452 / 2024
The Supreme Court agreed to consider the challenge to the selection and marking procedure adopted for the Punjab & Haryana Superior Judicial Service Examination 2023-24.
The petitioner has challenged the entire selection and evaluation process adopted in the Mains (written) Exam for 2023-24. The petitioner has alleged arbitrary markings in the answers of the candidates.
Case Title – P. Ravindranath & Anr. v. Sasikala & Ors., 2024 LiveLaw (SC) 491
The Supreme Court recently reiterated that the plaintiff in a suit for specific performance of a contract must provide direct, specific, and accurate pleadings that he is willing and ready to perform his obligations in the contract and such pleadings must be proved with evidence.
Case Details : C.M. RAMAKRISHNAN VS. STATE OF TAMIL NADU W.P.(C) No. 000436 / 2024
The Supreme Court refused to entertain a petition challenging the Tamil Nadu Hindu Religious and Charitable Endowments Act of 1959 (HRCEA). The Court while dismissing the petition granted liberty to the petitioner to move the High Court.
Case Title: KAUMI INSAF MORCHA Versus ARRIVE SAFE SOCIETY AND ORS., Diary No. 29992-2024
The Supreme Court issued notice on a plea filed by Kaumi Insaf Morcha against an order of the Punjab and Haryana High Court relating to the blocking of roads at Mohali-Chandigarh border by protestors seeking release of Sikh prisoners.
Case Details: THE STATE OF MEGHALAYA VS. LALRINTLUANGA SAILO., DIARY NO. - 48998/2023
The Supreme Court, recently, while overturning the bail granted to an accused under the NDPS Act on the ground that she is suffering from HIV, stressed on the mandate of Section 37 of the Act.
As per Section 37, bail should not be granted to an accused unless the accused is able to satisfy twin conditions: reasonable ground for believing that the accused is not guilty of such an offence and that the accused would not commit an offence or is not likely to commit an offence if granted bail.
Case Title: KAUSHIK PREMKUMAR MISHRA & ANR. VERSUS KANJI RAVARIA @ KANJI & ANR., CIVIL APPEAL NO.1573 OF 2023
The Supreme Court held that a vendor who has executed a sale deed cannot execute another deed with respect to the same plot just because the first sale deed is pending registration. The moment a deed is executed, the vendor loses all rights over the property and he cannot claim any right just because the deed has not been registered, it further stated.
Case Title – Elfit Arabia & Anr v. Concept Hotel BARONS Limited & Ors., Arbitration Petition (Civil) No. 15 of 2023
The Supreme Court recently observed that initiation of proceedings under the Negotiable Instruments Act, 1881 for cheque dishonour does not constitute continuing cause of action for initiating arbitration under the Arbitration and Conciliation Act, 1996 (A&C Act).
Case Title: M.C.MEHTA Versus UNION OF INDIA AND ORS., W.P.(C) No. 4677/1985
The Supreme Court stressed the need to set up a machinery to verify compliance with the orders passed by it regarding the felling of trees.
The matter was before a bench of Justices Abhay S Oka and AG Masih, which expressed that there was a need to verify whether or not the conditions being imposed by the court, while permitting tree-felling, were being complied with, else the courts will have no control over the issue.
Prior Executive Decision Doesn't Bar Legislature From Taking Contrary View : Supreme Court
Case Details: M/S REWA TOLLWAY P. LTD. Versus THE STATE OF MADHYA PRADESH & ORS., 2024 LiveLaw (SC 495
The Supreme Court observed that a person cannot claim any enforceable legal right based on an executive action that is later modified by the state legislature in the larger public interest.
In essence, the Court stated that neither a right to legitimate expectation nor promissory estoppel can be asserted based on executive actions that the legislature subsequently changes in the public interest.
Supreme Court Seeks Responses On HCs On Plea To Allow E-Inspection Of Court Records
Case Details : KISHAN CHAND JAIN VS. UNION OF INDIA W.P.(C) No. 324/2024
The Supreme Court recently issued notice on a PIL seeking to allow advocates and litigants to inspect the digitised judicial records of High Courts and other Courts through online means.
The bench comprising CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra while issuing notice in the petition had also sought a response from the Union and Registrar Generals of all 25 High Courts.
Case Title: ASSOCIATION FOR PROTECTION OF CIVIL RIGHTS (APCR) Versus THE STATE OF UTTAR PRADESH AND ORS., W.P.(C) No. 463/2024
The Supreme Court stayed the directions issued by Uttar Pradesh and Uttarakhand governments to the effect that eateries along the Kanwar Yatra route should display the names of the owners and staff outside the shops.
Supreme Court Grants Bail To Ashish Mishra In Lakhimpur Kheri Case, Permits Him To Stay In Lucknow
Case Title: Ashish Mishra Alias Monu v. State of U.P. SLP(Crl) No. 7857/2022
The Supreme Court granted bail to Ashish Mishra, son of former Union Minister Ajay Mishra, in the Lakhimpur Kheri violence case related to the killings of five persons in October 2021, when vehicles of his convoy allegedly ran over a group of farmers who were protesting against the farm laws.
Case Title: MAULIKKUMAR SATISHBHAI SHETH Versus INCOME TAX OFFICER ASSESSMENT UNIT 4(2) (6) AND ORS., SLP(C) No. 15471/2024
The Supreme Court issued notice on a plea challenging seizure of client's documents and issuance of notices by the Income Tax Department, pursuant to a search conducted at an Advocate's premises.
A bench of Justices Abhay S Oka and AG Masih passed the order, staying coercive action under the notices till pendency of the petition.
Case Title: SUBHASH CHANDRAN KR VERSUS UNION OF INDIA & ANR., Diary No. 32118-2024
In a Public Interest Litigation filed in connection with the landslide that occurred recently in Karnataka's Shirur village, where a Kerala truck driver, Arjun had been trapped under mudslide debris since July 16, the Supreme Court granted liberty to the petitioner to forthwith approach the Karnataka High Court at Bangalore and request that the Chief Justice immediately list the matter.
Case Details: AMARJEET GUPTA Versus ELECTION COMMISSION OF INDIA AND ORS., SLP(C) No. 13629/2024
The Supreme Court dismissed a Special Leave Petition (SLP) seeking a direction against Election Commission of India (ECI) to ensure that arrested political leaders are allowed to campaign via virtual conference mode. The Court orally remarked that petition has been filed with “malafide intentions.”
Case Title: Kaushik Narsinhbhai Patel & Ors. Versus M/s. S.J.R. Prime Corporation Private Limited & Ors., Civil Appeal No. 8176 of 2022
The Supreme Court held that a party whose right to file a written statement in a case has been forfeited cannot introduce his case indirectly through evidence or written submission. Such a party can still participate in the proceedings and cross-examine the complainant, but cannot indirectly introduce his case.
Case Title – Perichi Gounder v. State of Tamil Nadu., 2024 LiveLaw (SC) 498
The Supreme Court ordered the release of a TATA Tipper Lorry seized in September 2021 in connection with a criminal case in Tamil Nadu observing that keeping the vehicle idle was not in anyone's interest as it occupied public space within the Magistrate Court complex.
Case Title – The Law Association v. Director General Of Police., 2024 LiveLaw (SC) 499
The Supreme Court of India clarified that the Motor Accidents Claims Tribunal (MACT) has the discretion to release compensation all at once or in parts. A bench of Justice MM Sundresh and Justice Aravind Kumar was dealing with a petition contending that Rule 150A of the Central Motor Vehicles (Amendment) Rules, 2022 read with Annexure XIII interferes with the MACT's powers under Sections 168, 169, and 176 of the Motor Vehicles Act, 1988 to award compensation.
Case Title: AMIT RANA @ KOKA & ANR. Versus THE STATE OF HARYANA., 2024 LiveLaw (SC) 500
The Supreme Court held that when the sentencing court doesn't deem fit to impose a life sentence for committing an offence of attempt to murder, then the maximum sentence that can be imposed on the convict for committing an offence of attempt to murder could not extend beyond the period of 10 years.
Case Title – Parvinder Singh Khurana v. Directorate of Enforcement., SLP(Crl) No. 8007-8010/2024
In an important judgment, the Supreme Court on Tuesday (July 23) held that bail orders should not be normally stayed. Setting aside an order of the Delhi High Court which stayed the bail granted in a money laundering case, the Court stated that bail orders can be stayed only in exceptional circumstances.
Case Details: Gene Campaign & Anr. v. Union of India & Ors. [WP (C) No. 115/2004]
In a crucial development, the Supreme Court today (July 23) delivered a split verdict on petitions challenging the approval given by the Union Government to release genetically modified mustard.
While Justice BV Nagarathna quashed the approval given by the Genetic Engineering Appraisal Committee and the Ministry of Environment and Forests, Justice Sanjay Karol upheld the same.
Supreme Court Refuses To Cancel NEET-UG 2024, Says There's No Material To Show Systemic Breach
Case Details: VANSHIKA YADAV Versus UNION OF INDIA AND ORS. W.P.(C) No. 335/2024 And Other Connected Matters.
The Supreme Court refused to cancel the NEET-UG 2024 exam on the ground of paper leak and malpractices. The Court stated that there was no material to indicate that the leak was systemic affecting the sanctity of the entire exam.
Bihar Caste-Survey : Supreme Court To Consider To What Extent State Can Collect Citizen's Data
Case Details: Ek Soch Ek Paryas v. Union of India | Special Leave Petition (Civil) No. 16942 of 2023 (and connected matters)
The Supreme Court today granted leave in a batch of petitions challenging the constitutionality of a caste-based survey conducted by the State of Bihar in 2023. The matter has been posted to September 4.
Supreme Court Sets Aside NGT Orders Allowing Construction Of Tiracol Bridge In Goa's Querim Beach
Case Title – Goa Foundation v. Goa State Environment Impact Assessment Authority and Ors.
The Supreme Court set aside the National Green Tribunal's (NGT) orders dated January 22, 2020, and January 17, 2022, which had allowed the construction of the Tiracol bridge on Querim beach in Goa.
The NGT had previously permitted the construction of the bridge, citing its public utility and the assertion that it could be built without causing environmental damage, based on a report dated February 8, 2016, by the National Institute of Ocean Technology (NIOT), Chennai.
Supreme Court Directs NIC Officials To Interact With NCDRC President To Resolve E-Filing Issues
The President of the National Consumer Dispute Resolution Commission (NCDRC) Justice AP Sahi informed the Supreme Court that the obstacles in efficient e-filling at the consumer fora remained unresolved by National Informatics Centre (NIC).
Case Title: S. Tirupathi Rao vs M. Lingamaiah & Ors., SLP (Civil) Nos.19748-19749 of 2022
The Supreme Court bench of Justices Sanjiv Khanna and Dipankar Datta has interpreted Section 20 of the Contempt of Courts Act, 1971, and held that the action for contempt should be brought within a year, and not beyond, from the date on which the contempt is alleged to have been committed.
In this case, the first respondent filed a contempt petition in 2014 against the non-compliance of the High Court order issued in 2009. The respondent argued that the contempt petition is not time-barred because the non-compliance resulted in continuous wrong, which was upheld by a Single Judge of the High Court and then by a division bench of the High Court in review.
Promotion Effective From Date Of Grant, Not When Vacancy Is Created: Supreme Court
Case Title: Bihar State Electricity Board and Others v. Dharamdeo Das, CIVIL APPEAL NO. 6977 OF 2015., 2024 LiveLaw (SC) 506
While dealing with an appeal filed by the Bihar State Electricity Board against an employee who sought retrospective promotion, the Supreme Court recently reiterated that a promotion shall be effective from the date on which it is granted and not from the date when a vacancy occurs on the subject post or when the post itself is created.
Case details: Union of India & Others vs. Shishu Pal @ Shiv Pal, Civil Appeal No. 7933 of 2024.
The Supreme Court, while setting aside Gauhati High Court's order reinstating a Constable (GD) in the CRPF whose termination was ordered for withholding any material information, reiterated that the benchmark for appointment in the Law Enforcement Agency should be stringent than in routine vacancies.
Case Details: THE STATE OF HARYANA VS. UDAY PRATAP SINGH., DIARY NO. - 30656/2024
The Supreme Court expressed its intention to form a committee of independent persons who can negotiate with the farmers, who are protesting at the Punjab-Haryana border, and the governments to find a resolution to the issues.
Case Title: Abdul Mateen Siddiqui v. UoI And Ors. Diary No. 289/2023 and connected cases.
The Supreme Court stated that the authorities should ensure the rehabilitation of people before evicting them to secure land for the development of Haldwani railway station in Uttarakhand.
Case Title: Amita Singh v. The Wire Through its Editor Siddharth Bhatia And Anr. SLP(Crl) No. 6146/2023
The Supreme Court set aside the Delhi High Court order quashing the summons issued against the Editor and Deputy Editor of 'The Wire' in a criminal defamation case filed by ex-JNU Professor Amrita Singh.
The Bench of Justices M.M. Sundresh and Aravind Kumar observed that the High Court, in the impugned judgment, while finding fault with the reasoning adopted in issuing the summon, went ahead and decided the matter in merits holding that no case of defamation is made out. "We are of the view that the High Court has certainly exceeded its jurisdiction", the Court stated.
Case Title: Re Pension Benefits for Employees Retired from High Court of Bombay At Goa v. State of Goa And Ors. WP(C) No. 464/2023
The Supreme Court sought a response from the Chief Secretary of Goa Government over the non-implementation of directions for pay upgradation given by the Bombay High Court Chief Justice.
Supreme Court Asks Full Court Of MP High Court To Re-Consider Dismissal of 6 Women Judicial Officers
Case Title: IN RE: TERMINATION OF CIVIL JUDGE, CLASS-II (JR. DIVISION) MADHYA PRADESH STATE JUDICIAL SERVICE, SMW(C) No. 2/2023
The Supreme Court, in a suo motu writ petition registered regarding the simultaneous termination of services of 6 female civil judges in Madhya Pradesh, asked the full court of the MP High Court to reconsider the issue.
Supreme Court Refuses To Entertain Plea To Include Tribunals In National Judicial Data Grid
Case Details : KISHAN CHAND JAIN Versus UNION OF INDIA AND ORS. W.P.(C) No. 453/2024
The Supreme Court declined to hear a petition seeking the inclusion of Tribunals in the National Judicial Data Grid (NJDG).
The bench of CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra dismissed the petition considering that the NJDG is a part of the E-Courts project which only covers the functioning of Courts.
Case Title: BRS Ventures Investments Ltd. Versus SREI Infrastructure Finance Ltd. & Anr.
In a notable decision relating to the Insolvency & Bankruptcy Code of 2016, the Supreme Court held when that the insolvency resolution of a corporate guarantor will not prevent the creditor from initiating another insolvency process against the corporate debtor for the balance debt.
Case Title: VIJAY BHUSHAN GAUTAM VERSUS THE STATE OF UTTAR PRADESH & ANR., WP(Crl) No. 245/2024
In a notable case, the Supreme Court recently refrained from turning away a petitioner, who appeared in person, merely because he availed of a wrong remedy (a writ petition under Article 32) and allowed him to convert the writ petition into a special leave petition under Article 136 of the Constitution.
Case Details : Mineral Area Development v. M/S Steel Authority Of India & Ors (CA N0. 4056/1999)., 2024 LiveLaw (SC) 512
The Supreme Court 9-judge constitution bench today held by an 8:1 majority that States have the power to levy tax on mineral rights and that the Union law - Mines and Minerals (Development and Regulation) Act 1957 - do not limit such power of the States.
Kamlesh Tiwari Murder Case : Supreme Court Grants Bail To Alleged Conspirator
Case title: Syed Asim Ali vs. State of U.P 2024., CRIMINAL APPEAL NO.3012 OF 2024
The Supreme Court recently granted bail to a man who was accused as a conspirator behind the murder of Hindu Samaj Party leader Kamlesh Tiwari in 2019.
The Bench of Justices Abhay S Oka and Augustine George Masih observed that the accused has already been incarcerated for more than 4½ years. Apart from this, the Bench also took into account the allegations imputed against the appellant-accused. This involved staying in touch with the main accused and providing him with legal aid. Further, the Court noted that he had no criminal antecedents and the U.P. Gangsters and AntiSocial Activities (Prevention) Act, 1986 Act was not invoked against him.
Case Title: PAWAN AGARWAL VERSUS STATE OF UTTAR PRADESH, SLP (Crl.) No. 9625/2023
Interpreting its decision in High Court Bar Association, Allahabad v. State of U.P. & Ors., which overruled the 2018 judgment in Asian Resurfacing, the Supreme Court has held that if an interim protection order passed by a High Court stood automatically vacated pursuant to Asian Resurfacing but the trial has not been concluded, the vacation of stay shall be invalid and inoperative from the date of overruling.
Case details: UNION OF INDIA VS. JAI SHANKAR AGRAHARI., DIARY NO. - 10488/2021
The Supreme Court has expressed prima facie agreement with a judgment of the Allahabad High Court that Section 164(2) of the Companies Act 2013, which provides for the disqualification of directors (for five years) due to non-filing of balance sheets and annual returns for any continuous period of three financial years, has no retrospective application to the periods preceding Financial Year 2014-15.
Case Title: ABBAS ANSARI Versus THE STATE OF UTTAR PRADESH, Diary No. 21772-2024
The Supreme Court today issued notice on Uttar Pradesh MLA Abbas Ansari's plea seeking bail in a case involving allegations that his wife made unrestricted visits to him in Chitrakoot jail and he used her mobile phone to threaten witnesses and officials.
Case Details: SHRI GURUDATTA SUGARS MARKETING PVT. LTD. Versus PRITHVIRAJ SAYAJIRAO DESHMUKH & ORS., Crl.A. No. 003070 - 003071 / 2024
The Supreme Court held that an authorized signatory of the company could not be considered as a 'drawer' of cheque, and therefore, could not be directed to pay the interim compensation to the complainant under Section 143A of the Negotiable Instruments Act of 1881 (“NI Act”).
Case Title – Manharan Rajwade v. State of Chhattisgarh., Crl.A. No. 818/2019
The Supreme Court acquitted a man convicted for the murder of his wife based on circumstantial evidence of last seen theory observing that the prosecution failed to prove that he was the last person seen with his wife when she was alive.
NGT Has Duty To Ensure Environmental Clearance Is Lawfully Granted : Supreme Court
Case Title – Santosh Kumar Singh v. State Level Environmental Impact Assessment Authority and Ors.
The Supreme Court on Thursday (July 25) set aside the National Green Tribunal's (NGT) order that permitted the establishment of a Common Biomedical Waste Treatment Facility (CBWTF) in Azamgarh District, Uttar Pradesh.
Case Details: RAJINDER KAUR v. GURBHAJAN KAUR., Arising out of S.L.P.(C) Nos. 12198-12199 of 2018
The Supreme Court recently reiterated that there can't be partition of property by metes and bounds at Chandigarh. Hence, the only resolution in a suit seeking partition of joint property is sale by way of auction.
Case Title: ASSOCIATION FOR PROTECTION OF CIVIL RIGHTS (APCR) Versus THE STATE OF UTTAR PRADESH AND ORS., W.P.(C) No. 463/2024
The Uttar Pradesh government has defended, before the Supreme Court, its directives against eateries along the Kanwar Yatra route for the display of names, saying that the directives were issued to ensure that the religious sentiments of Kanwariyas aren't hurt, even accidentally, and to ensure peace and tranquillity.
Requirement That Judicial Officers Must Be Adept At Local Language Is Valid : Supreme Court
Case Title : THE LEGAL ATTORNEYS AND BARRISTERS LAW FIRM VS. UNION OF INDIA DIARY NO. - 53141/2023
The Supreme Court on Friday approved the requirements in various States that persons seeking appointment as judicial officers should be conversant with the local language.
A bench comprising Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra dismissed a petition challenging the condition imposed by the Public Service Commissions of the States of Punjab, Karnataka, Maharashtra and Odisha.
Case Details : STATE OF KERALA AND ANR. Versus UNION OF INDIA AND ORS. W.P.(C) No. 211/2024
The Supreme Court agreed to consider the writ petition filed by the State of Kerala challenging the action of the President of India in withholding assent for four bills and the action of the Kerala Governor in referring those bills to the President.
Case Details : THE STATE OF WEST BENGAL Versus SECRETARY TO THE GOVERNOR OF WEST BENGAL AND ANR. W.P.(C) No. 278/2024
The Supreme Court issued notice to the Secretary to the Governor of West Bengal and the Union through the Ministry of Home Affairs in the State Government's challenge against the withholding assent on eight bills relating to University Laws in the State.
Case Title: ASSOCIATION FOR PROTECTION OF CIVIL RIGHTS (APCR) Versus THE STATE OF UTTAR PRADESH AND ORS., W.P.(C) No. 463/2024
The Supreme Court extended the interim order staying the directives of the Uttar Pradesh and Uttarakhand governments that the eateries along the Kanwariya pilgrim route must display the names of the owners and the staff.
Supreme Court Dismisses Challenge To 70% LL.B Marks Requirement For MP Civil Judge Exam
Case Details : VARSHA PATEL Versus STATE OF MADHYA PRADESH AND ANR. SLP(C) No. 14322/2024
The Supreme Court refused to entertain a petition challenging the eligibility requirement of 70% marks in LLB to appear for entry-level posts in the Madhya Pradesh Judicial Services. The Court opined that such an eligibility rule ensures that better people join the judiciary.
Case Details: Tushar Gandhi v. State of Uttar Pradesh, Writ Petition (Criminal) No. 406 of 2023
The Supreme Court, while hearing the Muzaffarnagar student slapping case, categorically told the State of Uttar Pradesh to find someone who can sponsor the school education of the victim child.
Case Details : KALANITHI MARAN Versus AJAY SINGH AND ANR. SLP(C) No. 14936/2024
The Supreme Court stressed on the need for High Courts to ensure that orders dealing with challenges to arbitral awards precisely reflect adequate application of judicial mind on the merits of the case.
Case Title – In Re Compensation Amounts Deposited With Motor Accident Claims Tribunals And Labour Courts
The Supreme Court sought suggestions to ensure that the compensation awarded by the Motor Accident Claims Tribunals (MACTs) and labour courts across the country is received by the beneficiaries.
A bench of Justice Abhay Oka and Justice Agustine George Masih appointed Senior Advocate Menakshi Arora as Amicus Curiae in a suo moto case regarding substantial amounts of unclaimed compensation lying with MACTs and labour courts.
Supreme Court Suggests Use Of Remote Sensing Technology In Delhi-NCR to Combat Vehicular Pollution
Case Title – MC Mehta v. Union of India & Ors., Writ Petition (Civil) No. 13029/1985
The Supreme Court suggested the use of remote sensing technology within the National Capital Region (NCR) to combat vehicular pollution and directed the Centre to take a decision on this issue within two months.
A bench of Justice Abhay Oka and Justice AG Masih directed the Secretary of the Ministry of Road Transport and Highways (MoRTH) to immediately convene a meeting with counterparts in the NCR states for this purpose. Copies of the order are to be sent to the NCR authorities to ensure their cooperation.
Case Title – MC Mehta v. Union of India & Ors., Writ Petition (Civil) No. 13029/1985
The Supreme Court removed the condition it had imposed by an order dated August 10, 2017, that required a Pollution Under Control (PUC) certificate as a prerequisite for availing third-party insurance for vehicles.
The bench comprising Justice AS Oka and AG Masih allowed an application filed by the General Insurance Council, which highlighted concerns about the 2017 order.
Case Title – MC Mehta v. Union of India & Ors., Writ Petition (Civil) No. 13029/1985
Deploring the sorry state of affairs in the national capital regarding the treatment of solid waste, the Supreme Court on Friday (July 26) directed the Secretary of the Union Ministry of Environment to convene an immediate meeting with officials of the Delhi government, the Commissioner of the Municipal Corporation of Delhi(MCD) and other MCD officers to devise an urgent solution to this crisis.
Benefits Of Regularisation Policy Must Be Equally Granted To All Eligible Employees: Supreme Court
Case Title – State of Madhya Pradesh & Ors. v. Shyam Kumar Yadav & Anr., Special Leave to Appeal (C) No. 25609/2018
The Supreme Court observed that while daily wage employees do not have a legally vested right to seek regularisation, benefits of any policy decision for regularization taken by the competent authority must be extended to all eligible individuals.
Supreme Court Grants Bail To Accused In 1032 Crores GST Input Fraud Case
Case Details : ASHUTOSH GARG VS. UNION OF INDIA SLP(Crl) No. 008740 - / 2024
The Supreme Court on Friday (July 26) granted bail to Ashutosh Garg, accused in 1000 crores GST Input Fraud.
Garg was allegedly operating nearly 294 fake firms for the purpose of passing inadmissible input tax credit worth Rs. 1,032 crores fraudulently. The charges against Garg were under various sections of the Central Goods and Services Tax Act 2017, including 132(1)(b), (c), (f), (j), and (l).
Supreme Court Transfers To Delhi HC Petitions Challenging Cable TV Networks (Amendment) Rules 2021
Case Title: UNION OF INDIA Versus THE NEWS BROADCASTERS ASSOCIATION AND ORS., SLP(C) No. 13661/2021 (and connected cases)
The Supreme Court transferred to the Delhi High Court petitions pending in various High Courts challenging the Cable TV Networks (Amendment) Rules 2021 was stayed qua certain broadcasters/digital news portals.
News
Case Title: SABAREESH RAJAN Versus NATIONAL TESTING AGENCY (NTA) AND ORS., Diary No. 27585-2024
Today (July 1st), the Supreme Court adjourned the hearing of a plea alleging, among other things, the involvement of the National Testing Agency (NTA) officers in manipulating the OMR sheets of the NEET-UG exam.
Case Details : KISHOR KARMAKAR V. THE STATE OF ODISHA Special Leave to Appeal (Crl.) No(s). 8263/2024
The Supreme Court on Tuesday (July 2) reiterated the settled legal position that an accused's right to speedy trial is a fundamental right and closely connected to the right to life and personal liberty. The Court deprecated the order of the High Court which overlooked the said principle and released the petitioner on bail for merely two months when the trial would take a long time to conclude.
Case Title: PRAVINKUMAR BALVANTRAM VANA (BISNOI) VERSUS STATE OF GUJARAT
The Supreme Court on Monday (July 1) sought an explanation from a Trial Court for not commencing the recording of evidence in the trial despite the framing of charges that took place way back in November 2022.
Case Title : JAVED GULAM NABI SHAIKH Versus THE STATE OF MAHARASHTRA AND ANR | SLP(Crl) No. 3809/2024
Today (July 03), while granting bail to an accused who was in jail for four years, the Supreme Court sharply rebuked the National Investigation Agency for delaying the trial. The case was registered under the Unlawful Activities (Prevention) Act of 1967. The Court, without mincing its words, asked the prosecuting agency to not make “mockery of justice” and said that even though the accused is alleged of committing a serious offence, he has the right to a speedy trial.
Case Details: LUNKHONGAM HAOKIP Versus THE STATE OF MANIPUR AND ANR., SLP(Crl) No. 4759/2024
In a significant development, the Supreme Court expressed its dismay (on July 3rd) in a case in which an accused lodged in Manipur Central jail could not be taken out for medical examination because he belonged to the Kuki community.
Case Details: AVANISH VS. THE STATE OF UTTAR PRADESH SLP(Crl) No. 004418 - / 2024
The Supreme Court on Wednesday (July 3) came down heavily on the State of Uttar Pradesh for lack of prompt compliance with its earlier order of examining the victim in a POCSO trial. The Court stated that it would seek a response from the Home Secretary if the serious lapses on the part of the State were not rectified within a week.
A former employee of West Bengal Raj Bhavan, who raised sexual harassment allegations against the State's Governor, CV Ananda Bose, has approached the Supreme Court challenging the immunity claimed by the Governor from criminal prosecution as per Article 361 of the Constitution.
A Public Interest Litigation (PIL) has been filed in the Supreme Court seeking directions to the Bihar government for a thorough structural audit and constitution of a high-level expert committee to identify any weak bridges that might need to be demolished or strengthened.
Case Details : Vanshika Yadav v. UOI, W.P.(C) No. 335-/2024 (and connected matters)
While hearing a batch of petitions challenging the NEET-UG 2024 exam, the Supreme Court posed a volley of questions to the Union Government and the National Testing Agency (NTA) regarding the nature of the paper leak and steps taken to identify the beneficiaries of fraudulent practices.
Case Title: Dr. Jaya Thakur v GoI And Ors. WP(C) No. 1000/2022
The Union informed the Supreme Court that a National Policy on the Distribution of Menstrual Hygiene Products to adolescent school-going girls is being formulated and is at an advanced stage. The Court granted additional time to Union to collect data and solidify the Policy.
Case Details : ASHWINI KUMAR UPADHYAY VS. UNION OF INDIA DIARY NO. - 22396/2020
The Supreme Court expressed the need for having a uniform model 'builder-buyer agreement' to keep defrauding builders within the check.
CJI underlined the necessity to 'prima facie' have a uniform model agreement in place across the states in the Country.
Case Details : SHAILENDRA MANI TRIPATHI VS. UNION OF INDIA W.P.(C) No. 327/2024
The Supreme Court asked the Union to consult all stakeholders on the question of having a menstrual leave policy for working women. The Court also expressed apprehension that such a policy may not be welcomed by the employers and create troubles for women seeking jobs.
ED Moves Supreme Court Against Bail Granted To Hemant Soren In Money Laundering Case
In a recent development, Enforcement Directorate has approached the Supreme Court challenging the Jharkhand High Court order vide which bail was granted to Jharkhand Chief Minister Hemant Soren in a money laundering case related to an alleged land scam.
Case Details: MD. ANAS CHAUDHARY Versus UNION OF INDIA W.P.(Crl.) No. 215/2024
The Supreme Court expressed reservations about a petition seeking to direct that sexual assault cases should be handled only by public prosecutors, investigating officers and medical examiners who are women. The Court remarked that it would be unreasonable to assume that in cases of gender violence, male officers would not effectively fulfil their duties.
Marriage Equality Petitioners Urge Supreme Court To Allow Open Court Hearing Of Review Petitions
Petitioners seeking a review of the 'Marriage Equality' decision requested the Supreme Court to have an open court hearing of the petition.
Senior Advocate NK Kaul appearing on behalf of one of the review petitioners requested the CJI DY Chandrachud on the possibility of having the review petition hearing in open court instead of in chambers since the matter involves large public interest.
Case Title : Government of National Capital Territory of Delhi vs Union of India Writ Petition (C) No. 678 of 2023
The Delhi Government requested the Supreme Court for an early hearing of its petition challenging the law taking away "services" from the control of the Government of National Capital Territory of Delhi.
'Padho Bhai!' : Supreme Court Dismisses Plea To Reduce AIBE Cut-Off Marks
The Supreme Court dismissed a petition which sought to lower the cut-off for the All India Bar Examination (AIBE).
A bench led by Chief Justice of India DY Chandrachud observed that the lowering of the cut-off would affect the quality of lawyers who are admitted to the bar.
Case Title: Indian Medical Association v. Union of India | W.P.(C) No. 645/2022
During the hearing of the case filed by Indian Medical Association (IMA) against Patanjali Ayurved over the publication of misleading medical advertisements, the Supreme Court was informed that an apology on behalf of the Association's President, for his controversial remarks regarding the Patanjali hearing, has been sent to media and published in IMA's monthly journal as well as website.
Case Title: Directorate of Enforcement v. Anil Tuteja and Ors., SLP(Crl.) No. 6323-6324/2020
The Supreme Court said that it is disturbing that the Directorate of Enforcement has not completed the investigation in the 2015 Nagrik Apurti Nigam (NAN) scam case concerning corruption in the Public Distribution System (PDS) in Chhattisgarh.
Case Title: Indian Medical Association v. Union of India | W.P.(C) No. 645/2022
In the context of a direction issued earlier in the Patanjali misleading ads case putting restraints on advertising agencies, the Supreme Court clarified that its intention is not to cause harassment to anybody. Rather, the focus is on particular sectors and aspects, and if anything has been misinterpreted, the same would be clarified.
Case Title: Indian Medical Association v. Union of India | W.P.(C) No. 645/2022
During the hearing of the misleading ads case pending against it, the Supreme Court asked Patanjali whether pursuant to its notice, intermediaries and social-media platforms have taken down ads relating to the 14 Ayurvedic medicines for which licenses were suspended by Uttarakhand State Licensing Authorities.
Case Title :BINDU KAPUREA Versus SUBHASISH PANDA | Diary No. 21171-2024, NEW DELHI NATURE SOCIETY v. RAJESH KUMAR KAUSHAL AND ORS. Diary No. 21740-2024
The petitioner who filed a contempt case against the Delhi Development Authority (DDA) over illegal tree felling in Delhi Ridge Forest Area has filed an application in the Supreme Court raising allegations of harassment by the Delhi police.
'Very Important Issue': Supreme Court Reserves Judgment On Plea To Curb Child Marriages
Case Title: Society for Enlightenment and Voluntary Action and Anr. v. UoI and Ors. WP(C) No. 1234/2017
While reserving judgment on an NGO's plea seeking due implementation of the Prohibition of Child Marriage Act, the Supreme Court remarked that programmes and lectures aimed at creating awareness do not really bring about a change on the ground-level.
Case Details: Sunil Prabhu v. Eknath Shinde & Ors. | Special Leave Petition (Civil) No. 1644-1662 of 2024
Mentioning Uddhav Sena's challenge to the Maharashtra assembly speaker's refusal to disqualify members belonging to the Eknath Shinde-led group, Senior Advocate Dr Abhishek Manu Singhvi urged the Supreme Court to advance the hearing of the case, as Maharashtra Assembly elections are round the corner.
Case Title : Dr. Subramanian Swamy and Anr. v. Union of India and Anr., WP(C) 1467/2020 (and connected case)
The Supreme Court adjourned a Public Interest Litigation filed by former Rajya Sabha MP Dr. Subramanian Swamy to delete the words "Socialist" & "Secular" from the Preamble to the Constitution of India to August.
Supreme Court Rejects Plea By Bajaj Auto To Raise Cap On Auto Rickshaws In Delhi
Case Title – Interlocutory Application in MC Mehta v. Union of India., WP (C) No. 013029/1985
The Supreme Court dismissed plea filed by Bajaj Auto seeking a raise in the upper limit on number of auto-rickshaws allowed in Delhi.
A bench of Justice Abhay Oka and Justice Augustine George Masih observed that the cap was imposed for the protection of environment, and a wrong signal would be sent if the court entertains such a plea by an auto manufacturer interested in increasing its business.
Case Title : Supriyo @ Supriya Chakraborty and another vs.Union of India | RP (c) 1866/2023 and connected cases
In the latest development, the hearing of petitions seeking review of the verdict refusing to recognize same-sex marriages was postponed as Justice Sanjiv Khanna, a member of a newly constituted bench, recused himself from the matter.
No Mass Malpractice In NEET-UG 24 As Per Data Analytics : Centre Tells Supreme Court
The Union Government has filed an affidavit in the Supreme Court denying any mass malpractice in the NEET-UG 2024 exam. The Centre said that the data analytics done by the Indian Institute of Technology Madras showed that mark distribution followed a bell-shaped curve that is seen in any large-scale exam, indicating no abnormalities.
Video Showing NEET Paper Leak In Telegram Fake : NTA Tells Supreme Court
Case: Vanshika Yadav v. Union of India, WRIT PETITION (CIVIL) No. 335 of 2024
The National Testing Agency has filed an affidavit in the Supreme Court stating that the video showing a photo of the NEET UG exam paper leaked on Telegram on May 4 was fake. The timestamp was manipulated to create a false impression of an early leak., the affidavit added.
Supreme Court Laments States Not Filling Vacancies In Pollution Control Boards
Case Title – MC Mehta v. Union of India and Ors., In Re: Number of Vacant Posts in Statutory Pollution Control Boards of Various States
The Supreme Court on Wednesday deprecated the Delhi Government for “adopting the shortcut” of engaging contractual employees instead of making regular appointments to the state pollution control board.
Case Title- Parvinder Singh Khurana v. Directorate of Enforcement., SLP(Crl) No. 8007-8010/2024
The Supreme Court of India expressed shock at the Delhi High Court staying a regular bail order without specifying any reasons.
The Court questioned the Directorate of Enforcement (ED) for defending the High Court's orders prolonging interim stay on a bail order by the trial court.
Case Details: MANISH SISODIA Versus DIRECTORATE OF ENFORCEMENT., SLP(Crl) No. 8781/2024
Supreme Court judge Justice Sanjay Kumar has recused himself from the hearing of former Delhi Deputy Chief Minister Manish Sisodia's bail petition, citing personal reasons. Sisodia's bail plea pertained to the money laundering and corruption cases booked against him in the liquor policy case.
A three-judge Bench of Justices Sanjiv Khanna, Sanjay Karol and Sanjay Kumar was scheduled to hear the matter. However, with the recusal of Justice Kumar, the Court re-listed the matter in a week commencing July 15th.
Case Title: KISHAN CHAND JAIN Versus CENTRAL INFORMATION COMMISSION AND ORS., W.P.(C) No. 402/2024
The Supreme Court issued notice on a public interest litigation raising the issue as to whether documents available in records of the first appeal under Right to Information Act ought to be called again at the time of second appeal.
'Law Already In Place' : Supreme Court Refuses To Entertain Plea To Prevent Violence Against Doctors
Case Title: Delhi Medical Association v. Union of India | W.P.(C) No. 725/2021
The Supreme Court refused to entertain a petition which sought directions to prevent acts of violence against doctors, observing that laws are already in place to deal with such instances.
The Court clarified that the petitioners are at liberty to approach the concerned courts in respect of particular instances of violece.
West Bengal Govt Approaches Supreme Court Against Governor Withholding Assent For Bills
The State of West Bengal has filed a writ petition in the Supreme Court against the Governor for withholding assent on eight bills. In the writ petition filed under Article 32, the State contended that the Governor's refusal to give assent to the bills without stating any reason was contrary to the mandate of Article 200 of the Constitution.
Case Title: S MARTIN v. DIRECTORATE OF ENFORCEMENT., SLP(Crl) No. 4768/2024
The Supreme Court, while hearing a Special Leave Petition that raised the question of law whether the trial in predicate offence should conclude first before the commencement of trial in a money laundering case, said that the matter needs to be heard.
Case Details : IN RE: HERITAGE BUILDING OF THE BOMBAY HIGH COURT AND ALLOTMENT OF ADDITIONAL LANDS FOR THE HIGH COURT
The State of Maharashtra informed the Supreme Court that a land parcel of 4.39 acres in Bandra Kurla will be vacated and handed over by September 10 to the Bombay High Court for the building of a new High Court Structure.
Case Title: UMAR ANSARI Versus THE STATE OF UTTAR PRADESH AND ORS., W.P.(Crl.) No. 629/2023
Late gangster-politician Mukhtar Ansari's son Umar Ansari alleged before the Supreme Court that his father was poisoned in jail and died due to withholding of requisite medical treatment.
The matter was before a bench of Justices Hrishikesh Roy and SVN Bhatti which, on hearing Senior Advocate Kapil Sibal (for Umar Ansari), issued notice on an application seeking modification of the prayer made in the main writ petition. The main writ petition was filed in 2023 seeking Mukhtar Ansari's transfer out of the Uttar Pradesh jail where he was lodged on apprehension that he would be killed.
Supreme Court Considers Forming Committee to Streamline SCBA Reform Suggestions
Case Title: Supreme Court Bar Association v. BD Kaushik, Diary No. 13992/2023
In a case where the Supreme Court had ordered the Supreme Court Bar Association (SCBA) to solicit suggestions from the bar on the required reforms, the Court suggested that it might constitute a Committee. This Committee would concentrate on these suggestions and help the Court streamline them.
Haryana Govt Approaches Supreme Court Against High Court's Order To Unblock Shambhu Border
Case Details: THE STATE OF HARYANA VS. UDAY PRATAP SINGH., DIARY NO. - 30656/2024
In an important development, the State of Haryana has approached the Supreme Court against the order passed by the Punjab and Haryana High Court directing it to unblock the Shambhu Border.
In its July 10 order, the High Court had observed that the above-mentioned border is a “lifeline” for citizens' movement between Punjab and Haryana and to Delhi and Jammu & Kashmir, and its closure is causing immense inconvenience to the general public.
Supreme Court To Hear Plea On Vacant Post Of Deputy Speaker In Lok Sabha
Case Title: Shariq Ahmed v. UoI And Ors. WP(C) No. 126/2023 PIL
The Supreme Court is scheduled to hear a PIL seeking the election of the Deputy Speaker for Lok Sabha and State legislatures of five states on Monday
Senior Advocate Vibha Dutta Makhija appearing for petitioners stressed the need for the Union to furnish a status on Deputy Speakers, especially for the issue of election to the position of Deputy Speaker in the Lok Sabha. She highlighted the urgency of the matter considering that even in the new Parliament so formed, the seat of Deputy Speaker remains vacant.
Case Details : M/S. POWER SMART MEDIA PVT LTD VS. UNION OF INDIA DIARY NO. - 29441/2024
The Supreme Court extended the interim stay on the Karnataka High Court Order restraining the Kannada news channel 'Power TV' broadcast until Monday. The Court also sought data from the Centre regarding the number of channels which were shut down for not renewing their license to operate in the last 3 years.
Case Title: Abhishek Boinpally v. Directorate of Enforcement | Special Leave Petition (Criminal) No. 9038 of 2023
Supreme Court Judge Justice Sanjay Kumar recused today from the hearing of the bail plea of Hyderabad businessman Abhishek Boinpally, an accused in the Delhi Liquor Policy case.
Judge Heading Commission of Inquiry Against Ex-CM KCR Resigns Following Supreme Court's Rebuke
Case : KALVAKUNTLA CHANDRASHEKAR RAO Vs THE STATE OF TELANGANA |SLP(C) No. 14727/2024
In a significant development, Justice(Retired) L Narasimha Reddy told the Supreme Court that he was resigning as the head of the Commission of Inquiry constituted by the Telangana Government to probe into alleged irregularities in procuring power by the Government led by the previous Chief Minister K Chandrashekhar Rao.
ED Claims TN District Collectors Have Withheld Documents; State Disputes ED Assertion
Case title – Directorate of Enforcement v. State of Tamil Nadu & Ors., Special Leave Petition (Criminal) No. 1959-1963 of 2024
The Directorate of Enforcement (ED) has filed a report before the Supreme Court mentioning the documents which four District Collectors in Tamil Nadu have not been provided to the ED in the alleged illegal sand mining money laundering case. However, the State of Tamil Nadu disputed the ED's claim.
Case Title – A. Mohandoss v. Registrar General(renamed as "In Re: Strengthening of the Institution of Bar Associations")., Diary No. - 4381/2024
The Supreme Court called upon the Bar Council of India, Bar Councils of all states, the Supreme Court Bar Association, the Supreme Court Advocates-on-Record Association (SCAORA), and Bar Associations for all High Courts to provide suggestions for strengthening and enhancing the Bar Associations.
Supreme Court To Hear Overseas Citizen's Plea For NOC From CARA For Inter-Country Adoption
The Supreme Court issued notice in a petition seeking the inter-country adoption of two children by a 49-year-old single Indian woman who resides in the United Kingdom.
The petitioner, an Overseas Citizen of India, wanted to take her adopted children to the UK along with her. She is aggrieved by the procedural challenges coming in her way for seeking a No Objection Certificate (NOC) from the Central Adoption Resource Authority (CARA) to complete the inter-country adoption.
Manipur Violence : Judges' Panel Constituted By Supreme Court Seeks Extension Of Term
Senior Advocate Vibha Makhija requested the Supreme Court to grant an extension for the term of the Committee headed by Justice Gita Mittal which is overseeing the humanitarian aspects of the ethnic violence in Manipur.
Case no. – Special Leave to Appeal (Crl.) No(s). 8164-8166/2021 with connected matters
The Supreme Court has issued notice to the Union Government and all States to address the issue relating to the establishment of adequate Forensic Science Laboratories by State Governments with adequate number of technical staff required to operate such labs.
Case Title – Mohd. Arbaz & Ors. v. State of NCT of Delhi with connected matters
The Supreme Court has issued notice to the Union Government and all States to address the issue relating to the establishment of adequate Forensic Science Laboratories by State Governments with adequate number of technical staff required to operate such labs.
PMLA | Supreme Court Adjourns Pleas Seeking Reconsideration Of Vijay Madanlal Judgment To August 5
Case Title: Directorate of Enforcement v. M/s Obulapuram Mining Company Private Limited | Criminal Appeal No. 1269 of 2017 (and connected matters)
The Supreme Court said that it will hear the pleas calling for reconsideration of the judgment in Vijay Madanlal Choudhary v. Union of India, which upheld the constitutional validity of various provisions of the Prevention of Money Laundering Act (PMLA), on August 5.
NEET-UG 2024| Supreme Court Seeks IIT-Delhi Expert Opinion On Correct Answer Of 'Ambiguous' Question
Case Details: VANSHIKA YADAV Versus UNION OF INDIA AND ORS. W.P.(C) No. 335/2024 And Other Connected Matters
The Supreme Court directed the Director of the Indian Institute of Technology, Delhi to form a three-member expert committee to give their opinion regarding the correct answer to an MCQ question of NEET-UG 2024, for which the National Testing Agency awarded marks for two options.
Case Details: V. Senthil Balaji v. Deputy Director., SLP(Crl) No. 3986/2024
It was argued on behalf of former Tamil Nadu Minister Senthil Balaji before the Supreme Court on Monday (July 22) that the deposit of Rs. 1.34 crores in his bank account from 2013 to 2021 is not for the alleged cash for jobs scam but from his agricultural income as well as his salary as an MLA.
Case Title – The Law Association v. Director General Of Police., 2024 LiveLaw (SC) 499
The Supreme Court of India clarified that the Motor Accidents Claims Tribunal (MACT) has the discretion to release compensation all at once or in parts.
Is Entertainment Tax Applicable To Online Cinema Ticket Booking Charges? Supreme Court To Decide
Case Details: THE COMMERCIAL TAX OFFICER VS. AGS CINEMAS PRIVATE LIMITED., DIARY NO. - 13928/2022
The Supreme Court is set to examine whether online ticket booking charges can be subjected to Entertainment Tax.
The genesis of this stems from the order passed by the Madras High Court observing that the Tamil Nadu Entertainment Tax Act, 1939 could not have provided for the levy of tax on the internet service provided by the cinema owner.
Case no. – Santosh Kumar @ Santosh v. State of Bihar and Anr., SLP (Crl.) No. 6648/2024
The Supreme Court was "surprised" at an order of the Patna High Court directing the trial court in a criminal case to complete trial within a year, without considering the huge pendency of cases in trial courts.
Case Details : IKANOON SOFTWARE DEVELOPMENT PVT. LTD. Versus KARTHICK THEODORE AND ORS. SLP(C) No. 15311/2024
The Supreme Court is set to examine whether the right to be forgotten can be enforced against the judgments by Courts which reveal the identity of the acquitted person.
The bench of CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra was hearing a challenge by Indian Kanoon, (a legal database website) against the Madras High Court order dated March 3 which directed the portal to take down the copy of the judgement which revealed the identity of a person acquitted in a sexual assault case. The impugned order observed that though the courts were expected to preserve data as a court of record, it was also required to strike a balance between the collection of such data and the protection of a person's personal data.
Case Title: IN RE : T.N. GODAVARMAN THIRUMULPAD Versus UNION OF INDIA AND ORS., W.P.(C) No. 202/1995
A bench led by Justice BR Gavai of the Supreme Court halted the contempt proceedings initiated by it against the Delhi Development Authority Vice Chairman over illegal tree felling, after noting that another bench led by Justice AS Oka took up the same contempt case later.
Case Title – V. Senthil Balaji v. Deputy Director., SLP(Crl) No. 3986/2024
The Supreme Court in Senthil Balaji's bail plea asked the Directorate of Enforcement (ED) to show that the pen drive recovered from Balaji's residence contains a file which allegedly has evidence of proceeds of crime worth Rs. 67 Crores.
Case Title: IN RE : T.N. GODAVARMAN THIRUMULPAD Versus UNION OF INDIA AND ORS., W.P.(C) No. 202/1995
While hearing the TN Godavarman case, an omnibus forest protection matter, the Supreme Court recently pulled up Maharashtra state authorities for allotting a notified forest land to a person as compensation for illegally taking away another property of his.
Case Title: BIBHAV KUMAR VS. STATE OF NCT OF DELHI, SLP(Crl) No. 009817 - / 2024
In a latest development, Delhi Chief Minister Arvind Kejriwal's close aide Bibhav Kumar has approached the Supreme Court against Delhi High Court's denial of bail in the Swati Maliwal assault case.
Supreme Court Asks Centre To Submit Policy Decisions Taken To Promote Electric Vehicles
Case Title – Centre For Public Interest Litigation & Ors v. Union of India & Anr.
The Supreme Court granted the Centre four weeks to file a counter affidavit along with all policy decisions taken by the Centre from time to time to promote electric vehicles.
The development happened in a PIL seeking the promotion and implementation of electric vehicle policies.
Case Title – Raj Kumar Santoshi v. Prashant Malik
The Supreme Court highlighted the growing menace of unlicensed money lending leading to severe consequences for borrowers, including financial ruin and even suicide.
The Court observed that the practice of lending money on interest without proper licensing and securing the loans with cheques or title deeds is not different from the business of money lending. However, under the Punjab Registration of Money Lenders Act, 1938, such activities would not be considered as business of money lending unless they involve continuous transactions of a similar nature. To evade the law, such persons advance loans only intermittently, the Court noted.
Case Details : RAJUBALA DAS VS. UNION OF INDIA W.P.(Crl.) No. 000234 - / 2020
The Supreme Court flagged the deplorable conditions in Assam's detention centres, where individuals with doubtful citizenship and deemed foreigners are kept in detention. The Court highlighted a "sorry state of affairs", saying there is no adequate water supply, proper sanitation systems, or proper toilets.