SUBJECT WISE INDEX

Company Law

Adani-Hindenburg Issue: Supreme Court directs SEBI to conclude investigation in 2 months, constitutes expert committee to review regulatory framework. Vishal Tiwari v. Union of India, 2023 LiveLaw (SC) 160

Adani-Hindenburg : Know the members of the expert committee constituted by the Supreme Court to review regulatory mechanism. Vishal Tiwari v. Union of India, 2023 LiveLaw (SC) 160

Adani-Hindenburg | Formation of expert committee does not divest SEBI of its responsibilities in continuing investigation. Vishal Tiwari v. Union of India, 2023 LiveLaw (SC) 160

Constitution

'You want to keep the country on boil? don't belittle hinduism's greatness': Supreme Court dismisses Ashwini Upadhyay's plea to rename cities. Ashwini Kumar Upadhyay v. Union of India, 2023 LiveLaw (SC) 156

'A Country can't remain prisoner of past': Supreme Court dismisses plea to rename cities named after muslim rulers; stresses on India's secular character. Ashwini Kumar Upadhyay v. Union of India, 2023 LiveLaw (SC) 156

Secularism - India, that is ‘Bharat’ in terms of the preamble, is a secular country- The governance of Bharat must conform to Rule of law, secularism, constitutionalism of which Article 14 stands out as the guarantee of both equality and fairness in the State’s action. (Para 8, 9) Ashwini Kumar Upadhyay v. Union of India, 2023 LiveLaw (SC) 156

Plea to rename places named after Muslim rulers - Supreme Court dismisses - The present and future of a country cannot remain a prisoner of the past- The history of any nation cannot haunt the future generations of a nation to the point that succeeding generations become prisoners of the past. (Para 9, 11) Ashwini Kumar Upadhyay v. Union of India, 2023 LiveLaw (SC) 156

Fraternity - The golden principle of fraternity which again is enshrined in the preamble is of the greatest importance and rightfully finds its place in the preamble as a constant reminder to all stakeholders that maintenance of harmony between different sections alone will lead to the imbibing of a true notion of nationhood bonding sections together for the greater good of the nation and finally, establish a sovereign democratic republic. We must constantly remind ourselves that courts of law, as indeed every part of the ‘State’, must be guided by the sublime realisation, that Bharat is a secular nation committed to securing fundamental rights to all sections as contemplated in the Constitution. (Para 11) Ashwini Kumar Upadhyay v. Union of India, 2023 LiveLaw (SC) 156

Consumer

Supreme Court Paves way for lawyers with 10 yrs experience to be considered for consumer commission appointments; upholds striking down of centre's rules. Ministry of Consumer Affairs v. Dr. Mahindra Bhaskar Limaye, 2023 LiveLaw (SC) 161

Supreme Court upholds the Bombay High Court judgment which struck down provisions of the Consumer Protection Rules which excluded persons with 10 years professional experience from appointment to State Consumer Commissions and District Consumer Forums - for appointment of President and Members of the State Commission and District Commission, the appointment shall be made on the basis of performance in written test consisting of two papers. Ministry of Consumer Affairs v. Dr. Mahindra Bhaskar Limaye, 2023 LiveLaw (SC) 161

Corruption

Desirable that FIRs in corruption cases aren't quashed at the investigation stage: Supreme Court To High Courts. State of Chattisgarh v. Aman Kumar Singh, 2023 LiveLaw (SC) 158

Corruption is the main reason for not achieving equal distribution of wealth; botched investigations of scams a bigger scam. State of Chattisgarh v. Aman Kumar Singh, 2023 LiveLaw (SC) 158

Criminal Law

Mere breach of contract can't be the basis for a criminal case for cheating. Sarabjit Kaur v. State of Punjab, 2023 LiveLaw (SC) 157

Transfer of Investigation to CBI - The power to transfer the investigation is an extraordinary power. It is to be used very sparingly and in an exceptional circumstance where the Court on appreciating the facts and circumstance arrives at the conclusion that there is no other option of securing a fair trial without the intervention and investigation by the CBI or such other specialized investigating agency which has the expertise. Royden Harold Buthello v. State of Chhattisgarh, 2023 LiveLaw (SC) 154

Section 256 Cr.P.C. - Not proper to acquit the accused merely for the non-appearance of the complainant who was already examined. BLS Infrastructure Ltd. v. Rajwant Singh, 2023 LiveLaw (SC) 153

Education

There cannot be any school without a playground. Even the students, who study in such a school are entitled to a good environment - Supreme Court directs removal of encroachments near school premises. State of Haryana v. Satpal, 2023 LiveLaw (SC) 163

Encroachment of Public Land - Supreme Court sets aside HC direction to legalize unauthorized occupations near a school by taking the market value - SC terms the High Court direction unsustainable - Notes that the school has no playground. State of Haryana v. Satpal, 2023 LiveLaw (SC) 163

Election

The Supreme Court directs appointment of election commissioners on advise of committee comprising Prime Minister, Leader of Opposition and CJI. Anoop Baranwal v. Union of India, 2023 LiveLaw (SC) 155

‘Certain Section of media turned unashamedly partisan; Huge surge of money power in elections’: Supreme Court Observes in ECI Case. Anoop Baranwal v. Union of India, 2023 LiveLaw (SC) 155

Election Commission needs permanent secretariat, expenses should be charged on consolidated fund: Supreme Court suggests. Anoop Baranwal v. Union of India, 2023 LiveLaw (SC) 155

Should election commissioners have the same protection as CEC? the Supreme Court majority says no, Justice Ajay Rastogi says yes. Anoop Baranwal v. Union of India, 2023 LiveLaw (SC) 155

Arun Goel's appointment as election commissioner raises pertinent questions at procedure; EC should have 6 years tenure. Anoop Baranwal v. Union of India, 2023 LiveLaw (SC) 155

'Majoritarian forces must be counterbalanced, abuse of electoral process way to grave of democracy ': top quotes from Supreme Court's ECI verdict. Anoop Baranwal v. Union of India, 2023 LiveLaw (SC) 155

ECI Case | Right to vote is a part of fundamental rights, says Justice Rastogi; majority judgment opines it's a constitutional right. Anoop Baranwal v. Union of India, 2023 LiveLaw (SC) 155

Evidence Law

Mere fact of commission of suicide itself not sufficient to raise presumption under Section 113A Evidence Act. Kashibai v. State of Karnataka, 2023 LiveLaw (SC) 149

Juvenile

Death Penalty - Supreme Court set aside the death sentence imposed on a convict for the rape and murder of a minor girl after he was found to be a juvenile at the time of the offence. Karan @ Fatiya v. State of Madhya Pradesh, 2023 LiveLaw (SC) 159

Murder Trial

'Non-Recovery of corpse relevant in considering chain of circumstances': Supreme Court reverses conviction in murder case. Indrajit Das v. State of Tripura, 2023 LiveLaw (SC) 152

Service Law

Mere acquittal in a criminal case does not entitle an employee to reinstatement in service. Imtiyaz Ahmad Malla v. State of Jammu & Kashmir, 2023 LiveLaw (SC) 150

Specific Performance

Section 28 Specific Relief Act - Time to deposit balance sale consideration cannot be extended as a matter of course. P. Shyamala v. Gundlur Masthan, 2023 LiveLaw (SC) 151

Tribunal

Can HC exercise jurisdiction over a tribunal situated outside its territorial limits? The Supreme Court refers to a larger bench. Union of India v. Sanjiv Chaturvedi, 2023 LiveLaw (SC) 162

STATUTE WISE INDEX

Code of Criminal Procedure, 1973; Section 256 - Where the complainant had already been examined as a witness in the case, it would not be appropriate for the Court to pass an order of acquittal merely on non-appearance of the complainant. BLS Infrastructure Ltd. v. Rajwant Singh, 2023 LiveLaw (SC) 153

Code of Criminal Procedure, 1973; Section 482 - Penal Code, 1860; Section 420 - A breach of contract does not give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction. Merely on the allegation of failure to keep up promise will not be enough to initiate criminal proceedings - The criminal Courts are not meant to be used for settling scores or pressurise parties to settle civil disputes. Sarabjit Kaur v. State of Punjab, 2023 LiveLaw (SC) 157

Code of Criminal Procedure, 1973; Section 482 - Supreme Court opines that it is desirable that High Courts refrain from quashing cases under the Prevention of Corruption Act even if it suspected that the case is registered by a new government against officers who supported the previous government-it would be eminently desirable if the high courts maintain a hands-off approach and not quash a first information report pertaining to “corruption” cases, specially at the stage of investigation, even though certain elements of strong-arm tactics of the ruling dispensation might be discernible. (Para 74) State of Chattisgarh v. Aman Kumar Singh, 2023 LiveLaw (SC) 158

Constitution of India, 1950; Article 136 - Though the Scope of Article 136 of Constitution of India is very wide, the power conferred thereunder being a very special and extraordinary power, it has to be exercised in rare and exceptional cases. (Para 15) Imtiyaz Ahmad Malla v. State of Jammu & Kashmir, 2023 LiveLaw (SC) 150

Constitution of India, 1950; Article 226(2) - Jurisdiction of a High Court to entertain a challenge to an order passed by a Tribunal situated outside its jurisdiction - Supreme Court refers to larger bench. Union of India v. Sanjiv Chaturvedi, 2023 LiveLaw (SC) 162

Constitution of India, 1950; Article 324 (2) - Appointment to the posts of Chief Election Commissioner and the Election Commissioners shall be done by the President of India on the basis of the advice tendered by a Committee consisting of the Prime Minister of India, the Leader of the Opposition in the Lok Sabha and, in case, there is no such Leader, the Leader of the largest Party in the Opposition in the Lok Sabha having the largest numerical strength, and the Chief Justice of India. This norm will continue to hold good till a law is made by the Parliament - As regards the relief relating to putting in place a permanent Secretariat for the Election Commission of India and charging its expenditure to the Consolidated Fund of India is concerned, the Court makes a fervent appeal that the Union of India/Parliament may consider bringing in the necessary changes so that the Election Commission of India becomes truly independent. Anoop Baranwal v. Union of India, 2023 LiveLaw (SC) 155

Consumer Protection (Qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of President and Members of State Commission and District Commission) Rules, 2020 - Rule 3 prescribed a minimum professional experience of 20 years for consideration to appointment of members as State Consumer Commissions- Rule 4 prescribed a minimum professional experience of 20 years for consideration to appointment of members as District Consumer Commissions- Rules struck down as violative of the SC judgment in Madras Bar Association judgment which held that lawyers with 10 years of professional experience are eligible for appointment as Tribunal members -the High Court in the impugned judgment and order has rightly observed and held that Rule 3(2)(b), Rule 4(2)(c) and Rule 6(9) of the Rules, 2020 which are contrary to the decisions of this Court in the cases of State of Uttar Pradesh and Others Vs. All Uttar Pradesh Consumer Protection Bar Association; (2017) 1 SCC 444 and the Madras Bar Association Vs. Union of India and Another; (2021) 7 SCC 369 are unconstitutional and arbitrary. (Para 6.4) Ministry of Consumer Affairs v. Dr. Mahindra Bhaskar Limaye, 2023 LiveLaw (SC) 161

Consumer Protection (Qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of President and Members of State Commission and District Commission) Rules, 2020 - Rule 6(9) lacks transparency and it confers uncontrolled discretion and excessive power to the Selection Committee. Under Rule 6(9), the Selection Committee is empowered with the uncontrolled discretionary power to determine its procedure to recommend candidates to be appointed as President and Members of the State and District Commission. (Para 6.5) Ministry of Consumer Affairs v. Dr. Mahindra Bhaskar Limaye, 2023 LiveLaw (SC) 161

Consumer Protection (Qualification for appointment, method of recruitment, procedure of appointment, term of office, resignation and removal of President and Members of State Commission and District Commission) Rules, 2020 - Till the amendments are made in order to do complete justice under A. 142 we direct that in future a person having Bachelor’s degree from a recognised university and who is a person of ability, integrity standing and having special knowledge and professional experience of not less than 10 years in consumer affairs, law, public affairs, administration etc. shall be treated as qualified for appointment as President and member of State and District Commission. We also direct that for appointment the appointment shall be based on the performance in 2 papers. Qualifying marks in the papers shall be 50% and there must be a viva for 50 marks each. (Para 8.2) Ministry of Consumer Affairs v. Dr. Mahindra Bhaskar Limaye, 2023 LiveLaw (SC) 161

Evidence Act 1872 - In a case of circumstantial evidence, motive has an important role to play. It is an important link in the chain of circumstances - The basic links in the chain of circumstances starts with motive, then move on to last seen theory, recovery, medical evidence, expert opinions if any and any other additional link which may be part of the chain of circumstances. (Para 12, 15) Indrajit Das v. State of Tripura, 2023 LiveLaw (SC) 152

Evidence Act, 1872 - Circumstantial Evidence - Every link in the chain of circumstances necessary to establish the guilt of the accused must be established beyond reasonable doubt - All the circumstances must be consistently pointing towards the guilt of the accused. (Para 10) Indrajit Das v. State of Tripura, 2023 LiveLaw (SC) 152

Evidence Act, 1872 - Extra-judicial confession - The extra-judicial confession is a weak piece of evidence and especially when it has been retracted during trial. It requires strong evidence to corroborate it and also it must be established that it was completely voluntary and truthful. (Para 21) Indrajit Das v. State of Tripura, 2023 LiveLaw (SC) 152

Evidence Act, 1872 - Murder trial - Principle of corpus delicti – non-recovery of the corpse would have relevance in considering the links of chain of circumstances. (Para 16) Indrajit Das v. State of Tripura, 2023 LiveLaw (SC) 152

Evidence Act, 1872; Section 113A - Penal Code, 1860; Section 306 - Mere fact of commission of suicide by itself would not be sufficient for the court to raise the presumption under Section 113A of the Evidence Act, and to hold the accused guilty of Section 306 IPC. (Para 14) Kashibai v. State of Karnataka, 2023 LiveLaw (SC) 149

Juvenile Justice (Care and Protection) Act, 2015; Section 18 - The JJB having found a child to be in conflict with law who may have committed a petty or serious offence and where heinous offence is committed, the child should be below 16 years, can pass various orders under clauses (a) to (g) of sub-section (1) and also sub-section (2). However, the net result is that whatever punishment is to be provided, the same cannot exceed a period of three years and the JJB has to take full care of ensuring the best facilities that could be provided to the child for providing reformative services including 19 education, skill development, counselling and psychiatric support. (Para 16) Karan @ Fatiya v. State of Madhya Pradesh, 2023 LiveLaw (SC) 159

Juvenile Justice (Care and Protection) Act, 2015; Section 9(3) - A trial conducted and conviction recorded by the Sessions Court would not be held to be vitiated in law even though subsequently the person tried has been held to be a child - It is only the question of sentence for which the provisions of the 2015 Act would be attracted and any sentence in excess of what is permissible under the 2015 Act will have to be accordingly amended as per the provisions of the 2015 Act. (Para 30-33) Karan @ Fatiya v. State of Madhya Pradesh, 2023 LiveLaw (SC) 159

Penal Code, 1860; Sections 306, 107 - In order to convict a person for the offences under Section 306 IPC, the basic constituents of the offence namely where the death was suicidal and whether there was an abetment on the part of the accused as contemplated in Section 107 IPC have to be established - In order to bring the case within the purview of ‘Abetment’ under Section 107 IPC, there has to be an evidence with regard to the instigation, conspiracy or intentional aid on the part of the accused. For the purpose proving the charge under Section 306 IPC, also there has to be an evidence with regard to the positive act on the part of the accused to instigate or aid to drive a person to commit suicide. (Para 6-10) Kashibai v. State of Karnataka, 2023 LiveLaw (SC) 149

Prevention of Corruption Act, 1988 - It is desirable that High Courts maintain a "hands-off" approach and not quash FIRs relating to corruption cases at investigation stage-This is because, it is difficult to form an opinion conclusively at the stage of reading a first information report that the public servant is either in or not in possession of property disproportionate to the known sources of his/her income. It would all depend on what is ultimately unearthed after the investigation is complete -The considerations that could apply to quashing of first information reports pertaining to offences punishable under general penal statutes ex proprio vigore may not be applicable to a P.C. Act offence. (Para 74) State of Chattisgarh v. Aman Kumar Singh, 2023 LiveLaw (SC) 158

Prevention of Corruption Act, 1988 - Zero Tolerance to Corruption - Though it is the preambular promise of the Constitution to secure social justice to the people of India by striving to achieve equal distribution of wealth, it is yet a distant dream. If not the main, one of the more prominent hurdles for achieving progress in this field is undoubtedly ‘corruption’. Corruption is a malaise, the presence of which is all pervading in every walk of life. (Para 49) State of Chattisgarh v. Aman Kumar Singh, 2023 LiveLaw (SC) 158

Service Law - Appointment order of petitioner as constable of police cancelled as it was found that the the petitioner was involved in a criminal case and was under arrest for four days and he consciously concealed the said information - Mere acquittal does not entitle an employee to the reinstatement in service - If a person is acquitted or discharged, it cannot obviously be inferred that he was falsely involved, or he had no criminal antecedents - Director General being the highest functionary in the police hierarchy, was the best judge to consider the suitability of the petitioner for induction into the police force. Imtiyaz Ahmad Malla v. State of Jammu & Kashmir, 2023 LiveLaw (SC) 150

Specific Relief Act, 1963; Section 28 - The Court cannot as a matter of course, allow extension of time for making payment of balance amount of consideration in terms of a decree - The Court has to see all the attendant circumstances including if the vendee has conducted himself in a reasonable manner under the contract of sale-the power under Section 28 of the Specific Relief Act is discretionary and the Court has to pass an order as the justice may require. (Para 7) P. Shyamala v. Gundlur Masthan, 2023 LiveLaw (SC) 151

Words and Phrases - Honourable Acquittal - The expressions “honourable acquittal”, “acquitted of blame”, “fully exonerated” are unknown to the Code of Criminal Procedure or the Penal Code, and it is difficult to define precisely what is meant by expressions “honourable acquittal”. (Para 8-11) Imtiyaz Ahmad Malla v. State of Jammu & Kashmir, 2023 LiveLaw (SC) 150

NOMINAL INDEX

1. Anoop Baranwal v. Union of India, 2023 LiveLaw (SC) 155
2. Ashwini Kumar Upadhyay v. Union of India, 2023 LiveLaw (SC) 156
3. BLS Infrastructure Ltd. v. Rajwant Singh, 2023 LiveLaw (SC) 153
4. Imtiyaz Ahmad Malla v. State of Jammu & Kashmir, 2023 LiveLaw (SC) 150
5. Indrajit Das v. State of Tripura, 2023 LiveLaw (SC) 152
6. Karan @ Fatiya v. State of Madhya Pradesh, 2023 LiveLaw (SC) 159
7. Kashibai v. State of Karnataka, 2023 LiveLaw (SC) 149
8. Ministry of Consumer Affairs v. Dr. Mahindra Bhaskar Limaye, 2023 LiveLaw (SC) 161
9. P. Shyamala v. Gundlur Masthan, 2023 LiveLaw (SC) 151
10. Royden Harold Buthello v. State of Chhattisgarh, 2023 LiveLaw (SC) 154
11. Sarabjit Kaur v. State of Punjab, 2023 LiveLaw (SC) 157
12. State of Chattisgarh v. Aman Kumar Singh, 2023 LiveLaw (SC) 158
13. State of Haryana v. Satpal, 2023 LiveLaw (SC) 163
14. Union of India v. Sanjiv Chaturvedi, 2023 LiveLaw (SC) 162
15. Vishal Tiwari v. Union of India, 2023 LiveLaw (SC) 160