With another week gone at Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest to keep our readers up to date with the latest legal developments in the Apex court of the country.
Judgements/Orders
District Judges Appointment - Only 10% Posts Can Be Filled Through Limited Competitive Examination : Supreme Court
Case Title: Rajendra Kumar Shrivas v. State of Madhya Pradesh And Ors.| 2023 LiveLaw (SC)181 |Civil Appeal No. 1514 of 2023
Citation : 2023 LiveLaw (SC) 181
The Supreme Court directed the Madhya Pradesh High Court to comply with the directions of the Apex Court in All India Judges’ Association And Ors. v. UoI And Ors. (2010) 15 SCC 170, particularly, the one asking the High Courts to reserve only 10% seats in the higher judiciary to be filled up by limited departmental competitive examination.
Bhopal Gas Tragedy : Supreme Court Dismisses Centre's Curative Petition Seeking Additional Compensation From UCC
Case Title: UoI And Ors. v. M/s. Union Carbide Corporation And Ors. Curative Petition (C) No. 345-347/2010]
Citation : 2023 LiveLaw (SC) 200
A Constitution Bench of the Supreme Court dismissed the curative petition filed by Central Government seeking to reopen the settlement with the Union Carbide Corporation (now Dow Chemicals) to claim additional compensation for victims of the Bhopal Gas Tragedy of 1984.
MP Nagar Tatha Gram Nivesh Adhiniyam - Scheme Will Not Lapse Merely Because It Was Not Completed Within 3 Years Despite Substantial Steps : Supreme Court
Case Title: Indore Development Authority Versus Burhani Grih Nirman Sahakari Sanstha Maryadit Sneh Nagar And Others | Civil Appeal No. 5071 Of 2022
Citation : 2023 LiveLaw (SC) 183
The Supreme Court of India set aside the judgments of the Madhya Pradesh High Court which held the acquisition proceedings initiated by the Indore Development Authority and the State of Madhya Pradesh for a residential scheme as lapsed.
Amend Consumer Protection Rules On Appointment Process Of Commission Members Within 3 Months : Supreme Court To Centre, States
Case Title: In Re: Inaction of the Governments in appointing President and Members/Staff of Districts and State Consumer Disputes Redressal Commission and inadequate infrastructure across India v. UoI And Ors. SMW(C) No. 2/2021]
Citation : 2023 LiveLaw (SC) 201
The Supreme Court observed that the direction in Secretary, Ministry of Consumer Affairs v. Dr.Mahindra Bhaskar Limaye And Ors. that, the Central and State Governments are required to make certain amendments to the Consumer Protection Rules, 2020 pertaining to the appointment process at the Consumer Dispute fora is to be carried out on an urgent basis, preferably within 3 months’ time.
Article 226(2) - Supreme Court Explains Tests To Determine If Cause Of Action Has Arisen Within Jurisdiction Of High Court
Case Title : State of Goa vs Summit Online Trade Solutions (P) Ltd and others
Citation : 2023 LiveLaw (SC) 184
In a notable judgment explaining the concept of 'cause of action' under Article 226(2) of the Constitution of India, the Supreme Court held that only those facts, which are relevant to the grant of the relief, will give rise to 'cause of action'.
Murder Trial- Prosecution's Omission to Explain Injuries On Accused Assumes Importance When Evidence Consists Of Interested Witnesses : Supreme Court
Case Title: Nand Lal And Ors. v. State of Chhattisgarh | Criminal Appeal No. 1421 of 2015
Citation: (2023) LiveLaw SC 186
The Supreme Court reiterated that omission on the part of the prosecution to explain injuries on the person of the accused assumes greater importance where the evidence consists of interested witnesses or where the defence gives a version which competes in probability with that of the prosecution.
KVAT Act | Dealer Claiming Input Tax Credit Must Prove Transaction Beyond Reasonable Doubt : Supreme Court
Case Title: State of Karnataka v. M/s. Ecom Gill Coffee Trading Private Limited| Civil Appeal No. 230 of 2023
Citation: 2023 LiveLaw (SC) 187
The Supreme Court has held that under Section 70 of the Karnataka Value Added Tax Act, 2003, a dealer claiming Input Tax Credit on purchase ought to prove and establish actual physical movement of goods and genuineness of transaction.
Cause Of Action For Redemption Suit Is Successive, Second Suit By Mortgagor Not Barred By Default Dismissal Of First Suit : Supreme Court
Case Title : Ganesh Prasad vs Rajeshwar Prasad and others
Citation : 2023 LiveLaw (SC) 189
The Supreme Court has held that a second suit by a mortagor for redemption of mortgage is not barred merely because the first suit was dismissed for default, unless the right to redemption of mortgage has been extinguished.
Will Can't Be Presumed To Be Genuine Merely Because It Is Aged More Than 30 Years Old : Supreme Court
Case Title: Ashutosh Samanta Versus Ranjan Bala Dasi & Ors | Civil Appeal No.7775 Of 2021
Citation : 2023 LiveLaw (SC) 190
The Supreme Court has held that the presumption under Section 90 of the Indian Evidence Act regarding the genuineness of documents aged more that thirty years old is not applicable to a will.
Delhi Land Reforms Act Not Applicable Once An Area Is Urbanised Under Delhi Municipal Corporation Act : Supreme Court
Case Title: Mohinder Singh(Dead) Versus Narain Singh And Others | Civil Appeal No(S). 3828 Of 2017
Citation : 2023 LiveLaw (SC) 191
The Supreme Court recently affirmed a Delhi High Court judgement which stated that once a rural area is urbanized by issuance of notification under Section 507(a) of the Delhi Municipal Corporation Act, 1957, it ceases to be governed by the provisions of Delhi Land Reforms Act, 1954.
Appeal Maintainable Before NGT Against Corrigendum Imposing Additional Conditions To Environmental Clearance : Supreme Court
Case Title: M/s. IL&FS Tamil Nadu Power Company Limited v. T. Muruganandam And Ors. |Civil Appeal No. 1811-1812 of 2015
Citation: 2023 LiveLaw (SC) 192
The Supreme Court recently permitted M/s. IL&FS Tamil Nadu Power Company Limited to continue with its two power plants in the State subject to full compliance of the conditions mentioned in the Environmental Clearance as well as the corrigendum to it.
IBC- Resolution Professional Entitled To Take Control Of Corporate Debtor's Rights In Assets Licensed To Third Parties : Supreme Court
Case Title: Victory Iron Works Ltd. v Jitendra Lohia & Anr.
Citation : 2023 LiveLaw (SC) 193
The Supreme Court has held that a resolution professional is entitled to take control of the rights of a corporate debtor in assets which are licensed to third parties. Such an action of the RP will come within the ambit of Section 25 of the Insolvency and Bankruptcy Code 2016.
Doctor Can't Be Punished Under Drugs & Cosmetics Act For Storing Small Quantities Of Medicines : Supreme Court
Case Title: S. Athilakshmi vs. The State Rep. By The Drugs Inspector [SLP (Criminal) No. 9978 of 2022]
Citation: 2023 LiveLaw (SC) 194
The Supreme Court has held that a doctor's act of storing small quantities of medicines will not amount to an offence of unauthorized stocking of medicines under Section 18(c) of the Drugs and Cosmetics Act 1940.
Case Title: Ajay Kumar Radheyshyam Goenka v Tourism Finance Corporation of India Ltd.
Citation: 2023 LiveLaw (SC) 195
The approval of resolution plan of a corporate debtor under the Insolvency and Bankruptcy Code 2016 will not extinguish the criminal liability of its erstwhile director under Section 138 of the Negotiable Instruments Act 1881, held the Supreme Court.
In Service Jurisprudence, Service Rules Will Prevail Over Conflicting Government Resolutions : Supreme Court
Case Title: Ashok Ram Parhad & Ors Versus The State Of Maharashtra & Ors. | Civil Appeal No.822 Of 2023
Citation : 2023 LiveLaw (SC) 196
In Service Jurisprudence, Services Rules, which have a statutory effect will prevail and government resolutions can’t be conflict with the rules, the Supreme Court reiterated.
Evidentiary Value Of Extra-Judicial Confession Also Depends On Person To Whom It Is Made: Supreme Court
Case Title: Pawan Kumar Chourasia Versus State of Bihar | Criminal Appeal No.2230 Of 2010
Citation : 2023 LiveLaw (SC) 197
Highlighting the evidentiary value and the circumstances under which extra-judicial confessions can be accepted, the Supreme Court recently acquitted a man who was convicted of double murders under Section 302 of the Indian Penal Code.
In Labour Cases, Workers Should Furnish Their Own Permanent Address Instead Of Union's; Service Of Notice Should Be On Worker : Supreme Court
Case Title : M/s Creative Garments Ltd vs Kashiram Verma
Citation : 2023 LiveLaw (SC) 198
The Supreme Court recently took note of practical difficulties which arise in labour disputes, as most cases of workers are filed through the labour unions without mentioning their own permanent addresses. Hence, in many cases, notices are served on the Union, and if the Union is not interested in pursuing the matter, the affected worker goes unrepresented.
Ensure Basic Essentials Such As FIR Number, Police Station Are Recorded In Bail Orders : Supreme Court To All High Courts
Case Title : Ravish Kumar vs The State of Bihar
Citation : 2023 LiveLaw (SC) 206
Noting that there is no uniform format of bail orders across the High Courts, the Supreme Court has directed the High Courts to ensure that basic essentials are recorded in them.
Non-Service Of Assessment Orders Inconsequential If Assesee Had Knowledge About Them Otherwise : Supreme Court
Case Title: Commercial Tax Officer Versus Neeraja Pipes Pvt. Ltd.
Citation: 2023 LiveLaw (SC) 199
Attachment orders issued by the revenue for tax arrears will not be vitiated merely because the assessment orders were not served on the assesse, if the assessee had otherwise got knowledge about the assessment orders, held the Supreme Court.
Should A Judgment Be Reviewed Because It Followed A Precedent Which Was Later Overruled? Supreme Court Bench Delivers Split Verdict
Case Title: Govt. of NCT of Delhi Through the Secretary, Land and Building Department And Anr. v. M/s. K.L. Rathi Steels Limited And Ors.| Diary No. 32257 of 2021
Citation : 2023 LiveLaw (SC) 204
A Division Bench of the Supreme Court took a divergent view on the scope of review, when the judgment relied on in the impugned order and all subsequent judgment that followed it is eventually overruled by a superior court.
'Bail Can Be Cancelled If Serious Offences Are Subsequently Added To FIR' : Supreme Court Sets Aside Bail In 'Casting Couch' Case
Case Title : Ms.X vs State of Maharashtra
Citation : 2023 LiveLaw (SC) 205
The Supreme Court has reiterated that subsequent addition of more serious offences to the FIR can be a circumstance for a Court to cancel the bail granted by it.
Community Certificate Verification Must Be Completed Expeditiously; Shouldn't Be Cancelled Ex-Parte Except In Most Exceptional Circumstances: Supreme Court
Case title - R. Sundaram vs. The Tamilnadu State Level Scrutiny Committee and Ors.
Case Citation: 2023 LiveLaw (SC) 207
The Supreme Court has observed that the proceedings questioning the caste certificate of an employee, except in the most exceptional circumstances, can’t be conducted ex-parte.
Rehabilitation Scheme Under SICA Binds All Creditors; Dues Can't Be Recovered Post Revival Of Sick Company : Supreme Court
Case Title: Modi Rubber Limited v Continental Carbon India Ltd
Citation: 2023 LiveLaw (SC) 208
The Supreme Court has held that the rehabilitation scheme under Section 18 of the SICA, 1985 shall bind all the creditors including the unsecured creditors.
Poor Line Mazdoor Dismissed From Service For Prolonged Absence, Supreme Court Invokes Article 142 To Impose A Lesser Penalty
Case Title: The Eastern Coalfields Limited And Others v Ajit Mondal & Others.
Citation: 2023 LiveLaw (SC) 209
The Supreme Court has invoked Article 142 of the Constitution to protect the interest of a poor line mazdoor, who was dismissed from service due to prolonged absence.
Case Title: Indian Railway Construction Company Limited v M/s National Buildings Construction Corporation Limited
Citation: 2023 LiveLaw (SC) 210
The Supreme Court reiterated that unless there is a specific bar under the contract, it is always open for the Arbitrator to award pendente lite interest in view of Section 31(7)(a) of the Arbitration and Conciliation Act 1996.
News Updates
The Supreme Court made absolute the interim stay on the order of the Uttarakhand High Court banning religious outfits/bodies and statutory panchayats/local panchayats/group of people in the state from issuing 'fatwas' or similar diktats.
Supreme Court judge Justice Ajay Rastogi urged all advocates to undergo a training course in mediation by "sparing time" or even "sparing briefs", remarking that it would "change (their) lifestyle, (their) response to clients, (their) perception towards not just (themselves) but to the family also"
The Supreme Court on Tuesday refused to entertain petitions challenging the Kerala High Court's judgment dated May 25, 2022, which held that quarrying was not permissible in lands assigned for cultivation as per the provisions of the Kerala Land Assignment Act.
Don't Allow Resolutions Against Kapil Sibal & NK Kaul : KK Venugopal Urges SCBA President Vikas Singh
Former Attorney General for India and Senior Advocate KK Venugopal has written to the President of the Supreme Court Bar Association Vikas Singh advising him to not allow the passing of the resolutions proposed against Senior Advocates Kapil Sibal and Neeraj Kishan Kaul.
Supreme Court Issues Directions For Installation Of Vapour Recovery System In Retail Petroleum Outlets
The Supreme Court has directed that all the retail petroleum outlets located in cities having population of more than 10 lakh and having turn over of more than 300 KL/Month shall install the Vapour Recovery System(VRS) mechanism. This should be done within the fresh time line prescribed in the circular issued by the Central Pollution Control Board on June 4, 2021.
Telangana CM's Daughter K. Kavitha Moves Supreme Court Challenging ED Summons In Delhi Excise Policy Case, Hearing On March 24
Telangana CM's daughter and Bharat Rashtra Samithi (BRS) leader K. Kavitha has moved the Supreme Court challenging ED summons in relation to the Delhi Excise Policy case.