Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index[December 19 – 31, 2022, Citation 1036-1041]

Code of Civil Procedure, 1908; Order XXX Rule 4 and Order XXII Rule 10 - The death of one of the partners does not foreclose the continuation of the civil proceedings initiated by the firm - Where two persons have sued in the name of a partnership firm and if one of such persons dies during the pendency of the proceedings, it is not necessary to join the legal representatives of the deceased as a party to such proceedings, which shall continue in accordance with law. (Para 6-11) Sumer Singh Galundia v. Jeevan Singh, 2022 LiveLaw (SC) 1041

Code of Criminal Procedure, 1973; Section 300 - Section 300 of the CrPC places a bar wherein, a person who has already been tried by a Court of competent jurisdiction for an offence arising out of the same facts, and has either been acquitted or convicted of such offence cannot be tried again for the same offence as well as on the same facts for any other offence as long as such acquittal or conviction remains in force. T.P. Gopalakrishnan v. State of Kerala, 2022 LiveLaw (SC) 1039

Constitution of India, 1950; Article 20(2) - Articles 20 to 22 deal with personal liberty of citizens and others. Article 20(2) expressly provides that no person shall be prosecuted or punished for the same offence, more than once. The protection against double jeopardy is also supplemented by statutory provisions contained in Section 300 of the CrPC, Section 40 of the Indian Evidence Act, 1872, Section 71 of the IPC and Section 26 of the General Clauses Act, 1897. T.P. Gopalakrishnan v. State of Kerala, 2022 LiveLaw (SC) 1039

Constitution of India, 1950; Article 226 - Judicial review is not akin to adjudication of the case on merits, and adequacy or inadequacy of evidence, unless the court finds that the findings recorded are based on no evidence, perverse or are legally untenable in the sense that it fails to pass the muster of the Wednesbury principles. Power of the High Court under Articles 226 and 227 of the Constitution of India enables exercise of judicial review to correct errors of law, including procedural law, leading to manifest injustice or violation of principles of fairness, without normally venturing into reappreciation of evidence. CISF v. Santosh Kumar Pandey, 2022 LiveLaw (SC) 1036

Foreigners Act 1946 – Citizenship - Supreme Court orders the release of a 62-year old man named Mohammad Qamar, who has been under detention in a Foreigners Detention Centre since 2015 on being adjudged that he belonged to Pakistan and that he was not an Indian citizen - The Court directed the Union Government to take a decision on granting him Long Term Visa. Ana Parveen v. Union of India, 2022 LiveLaw (SC) 1038

Moral Policing - Supreme Court upholds dismissal of a CISF personnel who was found to have harassed a couple at night - Condemns moral policing by police. CISF v. Santosh Kumar Pandey, 2022 LiveLaw (SC) 1036

Motor Vehicles Act 1988; Section 149 - The General Insurance Council and all insurance companies are directed to issue appropriate directions to follow the mandate of Section 149 of the M.V. Amendment Act and the amended Rules. Gohar Mohammed v. Uttar Pradesh State Road Transport Corporation, 2022 LiveLaw (SC) 1040

Motor Vehicles Act, 1988 - In case the claimant(s) or legal representative(s) of the deceased have filed separate claim petition(s) in the territorial jurisdiction of different High Courts, in the said situation, the first claim petition filed by the claimant(s)/legal representative(s) shall be maintained by the said Claims Tribunal and the subsequent claim petition(s) shall stand transferred to the Claims Tribunal where the first claim petition was filed and pending. It is made clear here that the claimant(s) are not required to apply before Supreme Court Court seeking transfer of other claim petition(s) though filed in the territorial jurisdiction of different High Courts. The Registrar Generals of the High Courts shall take appropriate steps and pass appropriate order in this regard in furtherance to the directions of this Court. Gohar Mohammed v. Uttar Pradesh State Road Transport Corporation, 2022 LiveLaw (SC) 1040

Motor Vehicles Act, 1988; Section 159 - Supreme Court issues a slew of directions for immediate registration of First Accident Report by the Police immediately after a motor vehicle accident -The Court directed the Police department of all states to develop a specialized unit and post trained police officers in every police station within three months for the effective implementation of the MV Amendment Act and the Rules framed thereunder. Gohar Mohammed v. Uttar Pradesh State Road Transport Corporation, 2022 LiveLaw (SC) 1040

Reservation in IITs - Supreme Court directed the Central government and the Indian Institutes of Technology to follow the reservation policy for admission in research degree programmes and recruitment of faculty members as provided under the Central Educational Institutions (Reservation in Teachers' Cadre) Act, 2019 [2019 Act]. Sachchida Nand Pandey v. Union of India, 2022 LiveLaw (SC) 1037

Service Law - Interference with disciplinary proceedings under Article 226 of the Constitution -The writ court, when disciplinary action is challenged, is primarily concerned with examination of the decision making process, which requires satisfaction that the competent authorities have held inquiry as per the prescribed procedure, and have duly applied their mind to the evidence and material placed on record, without extraneous matters being given undue consideration, and the relevant factors have been cogitated. The conclusions of fact, which are based upon evaluation and appreciation of evidence, when meticulously reached by the authorities, should not be interfered with merely because the court may have reached at a different conclusion. (Para 17) CISF v. Santosh Kumar Pandey, 2022 LiveLaw (SC) 1036

NOMINAL INDEX

1. Ana Parveen v. Union of India, 2022 LiveLaw (SC) 1038
2. CISF v. Santosh Kumar Pandey, 2022 LiveLaw (SC) 1036
3. Gohar Mohammed v. Uttar Pradesh State Road Transport Corporation, 2022 LiveLaw (SC) 1040
4. Sachchida Nand Pandey v. Union of India, 2022 LiveLaw (SC) 1037
5. Sumer Singh Galundia v. Jeevan Singh, 2022 LiveLaw (SC) 1041
6. T.P. Gopalakrishnan v. State of Kerala, 2022 LiveLaw (SC) 1039