Supreme Court Weekly Round-Up (06 May-11 May, 2024)

Update: 2024-05-12 04:00 GMT
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With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest, dedicated to keeping our readers abreast of the most recent legal developments in the country's apex court. This digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the past week, providing...

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

Orders/ Judgments

Supreme Court Grants Anticipatory Bail To Mukhtar Ansari's Son In Model Code Violation Case

Case Detail: Umar Ansari Vs State of UP., SLP(Crl) No. 819/2024

Coram: Justices Hrishikesh Roy and Prashant Kumar Mishra

The Supreme Court on Monday (May 6) granted anticipatory bail to Umar Ansari, son of gangster-turned-politician Lt. Mukhtar Ansari in a case where it was alleged that he along with other accused threatened the District Mau Administration and violated the model code of conduct during the 2022 Uttar Pradesh Assembly Polls.

Supreme Court Clarifies That Its Order On Minimum 1/3rd Women's Reservation In SCBA Posts Is On 'Experimental Basis'

Case Title: Supreme Court Bar Association v. BD Kaushik, Diary No. 13992/2023

Coram: Justices Surya Kant and KV Viswanathan

The Supreme Court clarified that its order whereby it had directed reservation of minimum one-third seats for women in the Supreme Court Bar Association's executive committee is on an "experimental basis" and that any difficulty faced in implementing the reforms would be placed before the Court.

'Lis Pendens' Doctrine Can Be Applied Even If S.52 Transfer Of Property Act Is Not Strictly Applicable In A State : Supreme Court

Case Title: CHANDER BHAN (D) THROUGH LR SHER SINGH VERSUS MUKHTIAR SINGH & ORS., 2024 LiveLaw (SC) 347

Coram: Justices Sudhanshu Dhulia and PB Varale

The Supreme Court held that the non-applicability of the provisions of Section 52 of the Transfer of Property Act, 1881 (“TPA”) wouldn't bar the applicability of principles of lis-pendens, which are based on justice, equity, and good conscience.

Delhi VAT Act | Authorities Must Strictly Follow Time Limit To Process & Issue Refunds : Supreme Court

Case Title: COMMISSIONER OF TRADE AND TAXES VERSUS FEMC PRATIBHA JOINT VENTURE

Coram: Justices PS Narasimha and PB Varale

In a recent decision, the Supreme Court held that the department must mandatorily adhere to the time limit for processing and issuing the refunds under Section 38 of the Delhi Value Added Tax Act, 2004.

Supreme Court Slams Authorities For Starting Airport Construction At Silchar Without Obtaining EC; Criticises NGT For Its Non-Interference

Case Title : Tapas Guha v Union of India | C.A. No. 4603-4604/2024

Coram: CJI Chandrachud and Justices JB Pardiwala and Manoj Misra

The Supreme Court came down heavily upon the manner in which the National Green Tribunal (NGT) 'abdicated' its duties by not interfering in the construction of the Silchar Greenfield Airport Project which was proceeding without obtaining the mandatory prior Environmental Clearance.

Judicial Service | 'High Score In Written Exam Alone Doesn't Determine Merit' : Supreme Court Upholds Minimum Mark Criteria For Interview

Case Title: ABHIMEET SINHA & ORS. VERSUS HIGH COURT OF JUDICATURE AT PATNA & ORS.

Coram: Justices Hrishikesh Roy and Prashant Kumar Mishra

The Supreme Court upheld the constitutionality of the Rules stipulating minimum qualifying marks in the viva voce test as a part of the selection criteria for appointment to the District Judiciary in the States of Bihar and Gujarat.

Can Notify Bye-Election For Manicktala(WB) Constituency After Pending Election Petition Is Withdrawn: ECI Tells Supreme Court

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

Coram: Justices Surya Kant and KV Viswanathan,

The Election Commission of India (ECI) informed the Supreme Court that the bye-election to the Manicktala constituency in West Bengal can be notified as soon as the Election Petition pending in the Calcutta High Court challenging the election of the returned candidate (since expired) is withdrawn.

History Sheet Can't Include Details Of Minor Children In Absence Of Evidence Against Them: Supreme Court In MLA Amanatullah Khan's Case

Case Details: Amanatullah Khan Versus The Commissioner Of Police, Delhi And Ors., SLP(Crl) No. 5719/2023

Coram: Justices Surya Kant and KV Viswanathan

While deciding on a plea of AAP MLA Amanatullah Khan against the action of Delhi Police declaring him a 'bad character' by opening a 'history sheet' against him, the Supreme Court modified the decision of the Delhi High Court to the extent that- details of Khan's minor school-going children and his wife, against whom there was no adverse material, wouldn't be included in the 'History Sheet'.

Conduct Structural & Safety Audit Of 150-Yr-Old Bombay High Court Heritage Building Before Monsoon: Supreme Court To Maharashtra Govt

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

Coram: CJI Chandrachud, Justices BR Gavai and JB Pardiwala 

The Supreme Court directed the Maharashtra Public Works Department to conduct a structural and safety audit of the present Bombay High Court building in Fort, Mumbai before monsoon, since the heritage building is nearly 150 years old and construction of a new building for the High Court will take a few years.

“What Are You Doing?” Supreme Court Asks IMA President To Explain Alleged Contemptuous Comments Against Court

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

Coram: Justices Hima Kohli and Ahsanuddin Amanullah

The Supreme Court issued notice on the application filed by Patanjali MD Acharya Balkrishna seeking action against alleged offending statements made by the President of Indian Medical Association (IMA) in an interview given to the media.

WB Recruitment Scam: Supreme Court Extends Interim Protection To Appointees Against Cancellation But Permits CBI To Continue Probe

Case Details : THE STATE OF WEST BENGAL vs. BAISHAKHI BHATTACHARYYA (CHATTERJEE) SLP(C) No. 009586 - / 2024

The Supreme Court today modified its earlier interim order protecting the appointments made in pursuance of the alleged West Bengal SSC recruitment scam, stating that those appointees whose appointments are found to be illegal shall be liable to refund their salaries.

Supreme Court Issues Directions Against Misleading Ads: Self Declaration Forms By Advertisers; Influencers Must Endorse Responsibly

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

Coram: Justices Hima Kohli and Ahsanuddin Amanullah

The Supreme Court, in a pivotal order passed a slew of measures to protect consumers from misleading advertisements. The directions included equal responsibility of advertisers and endorsers qua misleading ads and the uploading of a self-declaration form by advertisers before issuing any advertisements.

Why Should You Charge Additional Fee For Sanitary Waste? Supreme Court Asks Kerala Govt.

Case : Indu Varma v. Union of India [W.P.(C) No. 1062/2023

Coram: Justice Surya Kant and KV Viswanathan

“Why should you charge additional fee for collecting sanitary waste?, Supreme Court asked Kerala Government to respond in a PIL challenging the levy of a user fee by municipal bodies in the state for the collection of sanitary waste.

Supreme Court Allows Abbas Ansari To Virtually Attend Religious Ceremony Of His Late Father Mukhtar Ansari

Case Title: Abbas Ansari v. Union of India and Another

Coram: Justices Surya Kant and KV Viswanathan

The Supreme Court on Tuesday (May 07) allowed MLA Abbas Ansari to virtually attend the religious ceremony to mark the 40th day of the death of his late father Mukhtar Ansari.

Delhi Liquor Policy Case : Supreme Court Extends Interim Bail Of Hyderabad Businessman Abhishek Boinpally

Case Title: Abhishek Boinpally v. Directorate of Enforcement | Special Leave Petition (Criminal) No. 9038 of 2023

Coram: Justices Sanjiv Khanna and Dipankar Datta

The Supreme Court extended the interim bail granted to Hyderabad businessman Abhishek Boinpally in the Delhi Liquor Policy case till the next hearing date.

Supreme Court Questions MTP Act For Allowing Abortion Of Pregnancy Beyond 24 Weeks In Case Of Foetal Abnormality, But Not Minor Rape Or Incest

Case Title : A (Mother of X) v. State of Maharashtra., 2024 LiveLaw (SC) 349

In a recent judgment, the Supreme Court expressed reservations about the Medical Termination of Pregnancy Act not allowing termination of pregnancy above the upper limit of 24 weeks in the case of minor victims of rape and incest, while allowing termination of such pregnancies if there are substantial foetal abnormalities.

Judicial Service Recruitment | Supreme Court Requests High Courts To Notify An Authority Who Can Address Doubts & Grievances Of Candidates

Case Title: ABHIMEET SINHA & ORS. VERSUS HIGH COURT OF JUDICATURE AT PATNA & ORS.

Coram: Justices Hrishikesh Roy and Prashant Kumar Mishra

In a recent judgment, the Supreme Court has flagged concerns about the absence of a designated authority by the High Courts which can be approached by the candidates of judicial services examinations to seek clarification in case of any doubt.

JJ Act | 3 Months Time Limit For Preliminary Assessment Of Juvenile As Per Sec. 14(3) Not Mandatory: Supreme Court

Case Title: CHILD IN CONFLICT WITH LAW THROUGH HIS MOTHER VERSUS THE STATE OF KARNATAKA AND ANOTHER

Coram: Justices C.T. Ravikumar and Rajesh Bindal

The Supreme Court held that the time limit of three months prescribed under Section 14(3) of the Juvenile Justice (Care & Protection) Act, 2015 for ascertaining the mental and physical capacity of a child below the age of sixteen years to commit a serious offence is not mandatory but directory.

UP Consolidation of Holdings Act | Consolidation Officer Can't Take Away Ownership Of Tenure Holder And Grant It To Another : Supreme Court

Case Title: PRASHANT SINGH & ORS. ETC. VERSUS MEENA & ORS. ETC.

Coram: Justices Surya Kant and P.S. Narasimha

In a recent decision concerning the U.P. Consolidation of Holdings Act, 1953, the Supreme Court held that the Consolidation Officer is not vested with the power to take away the vested title of a tenure holder and grant ownership to some other person in the property.

Supreme Court Discusses Concept Of 'Parental Alienation Syndrome' In Child Custody Dispute

Case : Col. Ramneesh Pal Singhv v. Sugandhi Aggarwal

Coram: Justices Vikram Nath and Satish Chandra Sharma

The Supreme Court has discussed the concept of "Parental Alienation Syndrome(PAS)" in a judgment delivered in a case between an estranged couple for the custody of their children.

PAS is a syndrome whereby one parent, who has custody of the child, promotes feelings of disaffection against the other parent in the mind of the child, which ultimately influences the child's preference for one parent in a court litigation for custody.

Can Time-Barred Debts Be Recovered Through Remedies Other Than Civil Suits As Per Special Laws? Supreme Court Refers To 3-Judge Bench

Case : KP Khemka and anr vs Haryana State Industrial and Infrastructure Corporation Limited and ors

Coram: Justices Surya Kant and KV Viswanathan

The Supreme Court has referred to a 3-judge bench the question whether debts, which cannot be recovered by filing civil suits as they are time-barred under the Limitation Act 1963, can be recovered by invoking other remedies under special statutes for debt recovery.

Can Accused Who Is Already Arrested In One Case Seek Anticipatory Bail In Another Case? Supreme Court Reserves Judgment

Case Details : DHANRAJ ASWANI Versus AMAR S. MULCHANDANI AND ANR. DIARY NO. - 51276/2023

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

Supreme Court reserved judgment on the issue whether anticipatory bail could be granted in one case to a person who is already under custody in another case.

The bench heard the matter. The question of law arose in a case where the FIR of the first offence against the accused was quashed but then the report was revived when he was taken in custody for another case. The accused thereafter filed for anticipatory bail.

Conviction Can't Be Set Aside Merely Because Prosecution Witness Turned Hostile: Supreme Court

Case Title: SELVAMANI VERSUS THE STATE REP. BY THE INSPECTOR OF POLICE

Coram: Justices BR Gavai and Sandeep Mehta

The Supreme Court held that the evidence of a prosecution witness cannot be rejected in toto merely because the prosecution chose to treat him as hostile and cross-examined him.

Witness Statement Recorded In Absence Of Accused Can Be Used As Evidence If Conditions In S.299 CrPC Are Fulfilled : Supreme Court

Case Title: SUKHPAL SINGH VERSUS NCT OF DELHI., 2024 LiveLaw (SC) 359

Coram: Justices BR Gavai and Sandeep Mehta

In a recent judgment, the Supreme Court held that the statements of the prosecution witness recorded in the absence of the accused can be read as a substantive piece of evidence when the prosecution witness could not be traced out and produced in the witness box for deposition during trial after the accused had been arrested.

Bombay Riots : Supreme Court Seeks Maharashtra Govt's Compliance With Justice Srikrishna Commission's Recommendations On Police Reforms

Case Title: SHAKEEL AHMAD VS. UNION OF INDIA., Miscellaneous Application No. 2070/2023 in W.P.(C) No. 182/2001

Coram: Justices Abhay S. Oka and Ujjal Bhuyan

The Supreme Court, in its order dated May 06, observed that there is hardly any compliance by the State of Maharashtra with the recommendations regarding police reforms made by Justice Srikrishna Commission in the report relating to the 1993-93 Bombay Riots. The Commission was constituted by the State in the year 1993 to look into the causes of the fearsome riots that engulfed Mumbai in December 1992 and January 1993, which occurred after the demolition of the Babri Masjid.

Supreme Court Prescribes 30 Days Time Limit To Prefer Appeal Against Juvenile Justice Board Preliminary Assessment Order

Case Title: CHILD IN CONFLICT WITH LAW THROUGH HIS MOTHER VERSUS THE STATE OF KARNATAKA AND ANOTHER

Coram: Justices C.T. Ravikumar and Rajesh Bindal

Noting that no time limit has been prescribed under the Juvenile Justice(Care and Protection of Children) Act, 2015 to prefer an appeal against the preliminary assessment order of the Juvenile Justice Board (JJB), the Supreme Court in a recent judgment deemed it appropriate to fill up this gap by prescribing 30 days' time limit for preferring appeal against the JJB's preliminary assessment order.

Supreme Court Orders Status Quo On Felling Of Trees In Delhi 'Ridge' Forest; Issues Contempt Notices To Officials

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

Coram: Justice AS Oka and Ujjal Bhuyan

The Supreme Court today issued notices for initiating contempt proceedings against government officials for the rampant felling of trees in Delhi's Ridge Forest area in violation of its previous orders in M.C. Mehta v. Union of India & Ors. The Court has also ordered the maintenance of the status quo in the region.

JJ Act | Names Of Presiding Officer/Members Should Be Specifically Mentioned In Orders When Signed, Including Interim Orders: Supreme Court

Case Title: CHILD IN CONFLICT WITH LAW THROUGH HIS MOTHER VERSUS THE STATE OF KARNATAKA AND ANOTHER

Coram: Justices CT Ravikumar and Rajesh Bindal

The Supreme Court has flagged concern about the non-mentioning of the names of the presiding officer or members when the order is passed under the Juvenile Justice Act, 2015.

Delay Condonation Application Filed By Stranger Not Party To Suit Illegal : Supreme Court

Case : Vijay Laxman Bhawe Since Deceased v. P And S Nirman Pvt Ltd

The Supreme Court held it is impermissible for a third-party to file an application for condonation of delay, stating that such an approach would allow anyone, regardless of their involvement in the suit, to seek restoration.

Ambiguities In Uploading Of NCLT Orders, Requirement Of Enclosing Certified Copies With Appeal : Supreme Court Seeks IBBI Clarification

Case Title: Manan Chopra and ors vs Soni RealtorsPvt Ltd., Civil Appeal No. 5452/2024

Coram: Sanjiv Khanna and Dipankar Datta

The Supreme Court issued notice to the Insolvency and Bankruptcy Board of India, inter-alia, on the requirement to obtain a certified copy of the order and attach the same with the appeal.

The Bench has issued notice considering that there is “considerable ambiguity” in certain issues concerning the service of the orders passed by the National Company Law Tribunal, uploading of orders on the website, and the one mentioned above.

Court Doesn't Sit In Appeal Over Arbitral Tribunal's Interpretation Of Contract : Supreme Court

Case Title : National Highway Authority of India v. M/s Hindustan Construction Company Ltd

Coram: Justices A. S. Oka and Pankaj Mithal

The Supreme Court held that it is for the Arbitral Tribunal to adjudicate upon the construction of the terms of a contract and the Court under Section 34, Arbitration and Conciliation Act, 1996 does not sit in appeal over the findings of the arbitrator.

Supreme Court Rejects NIA's Challenge To HC Order Granting Bail To Businessman In UAPA Case For Allegedly Funding Maoists

Case Title: UNION OF INDIA Versus MRITYUNJAY KUMAR SINGH @ MRITYUNJAY @ SONU SINGH, Diary No. 27308-2023

Coram: Justices PS Narasimha and Aravind Kumar

The Supreme Court upheld the decision of the Jharkhand High Court granting bail to a construction firm partner who was booked by the National Investigation Agency (NIA) under the Unlawful Activities (Prevention) Act for allegedly funding banned organization CPI (Maoist).

RP Act | Election Petitioner Can File Replication To Respondent's Written Statement If New Facts Aren't Introduced: Supreme Court

Case Title: SHEIKH NOORUL HASSAN VERSUS NAHAKPAM INDRAJIT SINGH & ORS.

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

Explaining the law on the filing of the replication in an election petition, the Supreme Court observed that the High Court is vested with the power to allow the filing of a replication by an election petitioner against the written submissions of a returned candidate subject to the condition that the replication should not introduce new facts which goes against the facts originally contained in an election petition.

Supreme Court Disposes Hemant Soren's Petition As 'Infructuous', Says Challenge To ED Arrest Can Be Raised In Fresh Petition Against HC Judgment

Case Title: HEMANT SOREN VS. DIRECTORATE OF ENFORCEMENT, SLP(Crl) No. 5769/2024

Coram: Justices Sanjiv Khanna and Dipankar Datta

The Supreme Court disposed of former Jharkhand Chief Minister Hemant Soren's plea challenging his arrest by the Enforcement Directorate as "infructuous" in view of the Jharkhand High Court's dismissal of his petition seeking the same relief. Soren had filed the present petition aggrieved by the delay of the High Court in pronouncing the judgment despite concluding the arguments on February 29.

Supreme Court Allows Interim Release Of Delhi CM Arvind Kejriwal Till June 1

Case Title: Arvind Kejriwal v. Directorate of Enforcement, SLP(Crl) 5154/2024

Coram: Justices Sanjiv Khanna and Dipankar Datta

In a significant development, the Supreme Court allowed interim release of Delhi Chief Minister Arvind Kejriwal, who is in judicial custody in the Delhi liquor policy case, till June 1.

Muzaffarnagar Student Slapping Case: Supreme Court Asks UP Govt To Nominate Senior IPS Officer To Ensure Proper Prosecution

Case Details: Tushar Gandhi v. State of Uttar Pradesh, Writ Petition (Criminal) No. 406 of 2023

Coram: Justices Abhay S. Oka and Ujjal Bhuyan

The Supreme Court, while hearing Muzaffarnagar student slapping case, directed the State of Uttar Pradesh to nominate an appropriate senior IPS officer for conducting the prosecution properly.

Supreme Court Upholds Lucknow-Akbarnagar Demolition Drive, Prevents Eviction Of Dwellers Before Giving Alternative Accommodation

Case Title: SHAKEEL AHMAD AND ORS. Versus STATE OF UTTAR PRADESH AND ORS., SLP(C) No. 6531/2024 (and connected matters)

Coram: Justices Sanjiv Khanna and Dipankar Datta

While upholding the demolition drive of the Lucknow Development Authority (LDA) against unauthorized constructions in the Akbarnagar area of Lucknow city, the Supreme Court on Friday (May 10) clarified that no slum dweller should be evicted without being given alternative accommodation.

Government Employee Staying In Rent-Free Accommodation Allotted To Retired Government Servant Father Cannot Claim HRA : Supreme Court

Case Details: R.K. MUNSHI v. UNION TERRITORY OF JAMMU & KASHMIR AND ORS SLP(Civil) No(s). 43 OF 2022

Coram: Justices BR Gavai and Sandeep Mehta

Recently, the Supreme Court held that a government employee staying in a rent-free accommodation allotted to his father, a retired government servant, was not entitled to claim any House Rent Allowance (HRA)

Issuance Of First Premium Payment Receipt To Insured Would Provide Presumption Of Policy Acceptance By Insurer: Supreme Court

Case Title: Mrs. Bhumikaben N. Modi & Ors. Versus Life Insurance Corporation of India

Coram: Justices AS Bopanna and CT Ravikumar

In a recent decision concerning insurance law, the Supreme Court observed that the issuance of a receipt of the first premium payment by the insurer would provide a presumption of the acceptance of the policy by the insurer.

Supreme Court Upholds Centre's Rule Prescribing 'Compulsory Retirement' As Punishment For CRPF Personnel

Case Details : UNION OF INDIA & ORS. v. SANTOSH KUMAR TIWARI CIVIL APPEAL NO.6135 OF 2024

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

The Supreme Court in a recent judgement held that 'compulsory retirement' under the Rules of Central Reserve Police Force (CRPF) was validly within the purpose of maintaining 'disciplinary control' over the force under the CRPF Act 1949.

Consumer Protection Act 1986 | Onus Of Proving That Service Was Availed For 'Commercial Purpose' Is On Service Provider : Supreme Court

Case Title: SHRIRAM CHITS (INDIA) PRIVATE LIMITED EARLIER KNOWN AS SHRIRAM CHITS (K) PVT. LTD VERSUS RAGHACHAND ASSOCIATES

Coram: Justices P.S. Narasimha and Aravind Kumar

In an important ruling relating to consumer protection law, the Supreme Court on Friday (May 10) set out the manner in which the consumer fora must decide technical pleas raised by service providers against the maintainability of the consumer complaints on the ground that goods/services were availed by the consumer for the commercial purposes.

Affirming the decision of the National Consumer Dispute Redressal Commission (“NCDRC”), the bench observed that unless it is proved by the service provider that the goods/services were availed for the commercial purpose by the consumer, the service provider cannot dispute about the maintainability of the consumer complaint.

Supreme Court Disposes Of Plea Alleging Interference In Ongoing Criminal Case By Calcutta HC Judge & Her Husband

Case Title: Bani Roy Choudhury & Anr. v. State of West Bengal & Ors. | Writ Petition (Criminal) No. 482 of 2023

Coram: Justices Sanjiv Khanna and Dipankar Datta

The Supreme Court disposed of a plea alleging interference in an ongoing criminal investigation by a sitting Calcutta High Court judge and her lawyer-husband.

News Update

Supreme Court To Hear Senthil Balaji's Bail Plea In PMLA Case On May 15

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

Coram: Justices Abhay S Oka and Ujjal Bhuyan

The Supreme Court today posted to May 15 plea filed by MLA and former Minister V Senthil Balaji against a Madras High Court order denying him bail in a cash-for-jobs money laundering case.

The bench passed the order, taking into account Solicitor General Tushar Mehta's submission that the case would take some time.

BREAKING | Former Jharkhand CM Hemant Soren Moves Supreme Court Against HC's Order Dismissing His Challenge To ED Arrest

Former Jharkhand Chief Minister Hemant Soren has approached the Supreme Court against the High Court's dismissal of the challenge to his arrest by the Enforcement Directorate in the land scam case. The former CM had urged for an early listing of the matter considering that the election phase begins on May 13.

Supreme Court Seeks Explanation From Registry Against Listing Of Case Without Following Proper Procedure

Case Title: RAHUL VINODKUMAR BORAD @ JAIN VS. STATE OF MAHARASHTRA, SLP(Crl) No. 004551 / 2024

Coram: Justices JK Maheshwari and Sanjay Karol

The Supreme Court sought an explanation from its Registrar (Judicial) against the listing of the case without following the proper procedure.

The Special Leave Petition (Criminal) was filed and it was listed before the court without an exemption from the surrender application. This being not the practice of the court, the Bench asked the registry how the matter came to be listed without following the proper procedure.

Don't Harass TN District Collectors Unnecessarily : Supreme Court To ED

Case Details : Directorate of Enforcement v. State of Tamil Nadu & Ors. | Special Leave Petition (Criminal) No. 1959-1963 of 2024

Coram: Justices Bela M Trivedi and Pankaj Mithal

While hearing Enforcement Directorate's (ED) plea against certain District Collectors of Tamil Nadu over their non-appearance in relation to a sand mining money laundering case, the Supreme Court told the agency that it must not "harass" the Collectors unnecessarily.

Patanjali MD Urges Supreme Court To Act Against Indian Medical Association President, Alleges His Remarks Are Contemptuous

Coram: Justices Hima Kohli and Ahsanuddin Amanullah.

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

In a recent development, Patanjali MD Acharya Balkrishna has moved the Supreme Court with an application seeking action against certain "contemptuous" remarks made by the President of Indian Medical Association in an interview given to the media.

Supreme Court Posts Karnataka's Plea For Drought Relief Fund From Centre To July

Case Title: State of Karnataka v. Union of India and Ors., W.P.(C) No. 210/2024

Coram: Justices BR Gavai and Sandeep Mehta

The Supreme Court posted to July the hearing of the plea filed by Karnataka government against the Union of India for drought relief funds.

Patanjali Case: Centre Defends Letter Asking States To Not Act Against Ayurvedic Drugs Ads, Cites Technical Advisory Board's Recommendation

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

The Central government has defended before the Supreme Court its letter asking State/UT licensing authorities to not take action against ads pertaining to Ayurvedic and Ayush products under Rule 170 of the Drugs and Cosmetic Rules, 1945 ("1945 Rules"). The development comes in the contempt case against Patanjali Ayurveda over the publication of misleading advertisements.

Don't Want Arvind Kejriwal To Perform Official Duties Of Chief Minister If Released On Interim Bail, May Have Cascading Effect: Supreme Court

Case Title: Arvind Kejriwal v. Directorate of Enforcement, SLP(Crl) 5154/2024

Coram: Justices Sanjiv Khanna and Dipankar Datta

Arrested Delhi Chief Minister Arvind Kejriwal told the Supreme Court today that he is willing to furnish an undertaking to not "sign any official files" if released on interim bail in the excise policy case.

Have Evidence That Arvind Kejriwal's 7-Star Hotel Stay In Goa Was Partly Funded By An Accused : ED Tells Supreme Court

Case Title: Arvind Kejriwal v. Directorate of Enforcement, SLP(Crl) 5154/2024

Coram: Justices Sanjiv Khanna and Dipankar Datta,

During the hearing of Delhi CM Arvind Kejriwal's plea against ED arrest, Additional Solicitor General SV Raju told the Supreme Court that the agency has "evidence" against the AAP chief. The ASG further asserted that the ED was in no way concerned with the politics surrounding his arrest.

Elected Members Of Municipality Can't Be Removed At Whims And Fancies Of Civil Servants Or Their Political Masters : Supreme Court

Case Details : MAKARAND ALIAS NANDU v. STATE OF MAHARASHTRA & ORS. CIVIL APPEAL NO. 14925/2017 & NITIN v. STATE OF MAHARASHTRA & ORS. CIVIL APPEAL NO.19834/2017

Coram: Justices Surya Kant and PS Narasimha

The Supreme Court, in a recent challenge against the disqualification of elected members of certain local municipalities in Maharashtra, held that elected representatives at the grass-roots level of democracy could not be thrown out of office at the 'whims and fancies' of civil servants or their 'political masters'.

Supreme Court Reserves Judgment On Maintainability Of West Bengal's Suit Against Centre Challenging CBI Probe

Case Details: State of West Bengal v. Union of India | Original Suit No. 4 of 2021

Coram: Justices BR Gavai and Sandeep Mehta

The Supreme Court reserved its judgment on the maintainability of the original suit filed by the State of West Bengal, alleging that the Central Bureau of Investigation (CBI) continued to register and investigate cases despite its revocation of the general consent.

Safeguards Against Arrest Necessary, No Provision For Pre-Payment Before Adjudication: Supreme Court On Challenge To GST Penal Provisions

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

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

While hearing the batch of petitions challenging penal provisions of CGST Act, etc. as non-compatible with CrPC and the Constitution, the Supreme Court yesterday expressed that safeguards against arrest are necessary. It also noted that there is no provision under the CGST Act for pre-payment prior to adjudication.

Arvind Kejriwal Can't Be Granted Interim Bail For Campaigning, ED Tells Supreme Court

A day before the Supreme Court hearing in the Arvind Kejriwal case, the Enforcement Directorate filed a fresh affidavit opposing the grant of interim bail to the Delhi Chief Minister in the Delhi liquor policy case.

Plea In Supreme Court Seeks ECI Action Against Alleged Hate Speeches Of PM Modi, Anurag Thakur & BJP

Case Details : Dr. Emani Anantha Satyanarayana Sarma & Anr v. Election Commission of India & Anr

A writ petition has been filed in the Supreme Court seeking directions to the Election Commission of India (ECI) to initiate appropriate action against hate speeches being delivered by political campaigners, especially those on behalf of the Bharatiya Janata Party (BJP) for the 2024 General Elections.

Supreme Court Suggests Open Air Prisons As Solution To Overcrowding Of Prisons, Cites Rajasthan Model

Case Title : SUHAS CHAKMA v. UNION OF INDIA |DIARY NO. - 19935/2020

Coram: Justices B. R. Gavai and Sandeep Mehta

The Supreme Court on Thursday observed that one of the solutions for overcrowding in prisons can be establishing open-air prisons/camps, and that it will also address the issue of rehabilitation of prisoners.

Supreme Court Seeks Counsellor's Aid To Ascertain If POCSO Offence Victim Took Informed Decision By Choosing To Reside With Accused

Case Details : IN RE: RIGHT TO PRIVACY OF ADOLESCENTS SMW(C) No. 000003 - / 2023

Coram: Justices AS Oka and Ujjal Bhuyan

In a case where a victim of a POCSO offence chose to reside with the accused, the Supreme Court on Thursday (May 9) said that there was a need for counselling by a professional psychologist to understand if the woman took an "informed decision."

Supreme Court Agrees To Hear Plea Alleging Data Privacy Violation By Foreign Credit Information Companies

Case Details : SURYA PRAKASH VS. UNION OF INDIA DIARY NO. - 23982/2023

The Supreme Court issued notice in a Public Interest Litigation which seeks directions to the Ministry of Finance, RBI, Ministry for Electronics & Information Technology and Ministry of Home Affairs to take appropriate steps against four foreign credit information companies for alleged financial data privacy violation of citizens.

'ECI's Delay In Publishing Voter Turnout Data Raises Apprehensions' : ADR Moves Supreme Court For Immediate Publication Of Vote Numbers

Case : Association for Democratic Reforms v. Union of Inda | WP(c) 1382 OF 2019

The Association for Democratic Reforms (ADR) has filed an application in the Supreme Court seeking to direct the Election Commission of India to publish the absolute numbers of votes polled immediately.

Can Homebuyer's Claim For Apartment Be Rejected For Not Filing Claim During Insolvency Process Against Builder? Supreme Court To Decide

Coram: Justices Sanjiv Khanna and Dipankar Datta

Case Title: AYUSH AGARWAL v. JAYPEE INFRATECH LTD. & ORS., Civil Appeal No. 5185/2024

The Supreme Court is set to determine whether the non-filing of a claim during the insolvency resolution process of a builder can result in the rejection of a homebuyer's claim for allotment of apartment.

Supreme Court Pulls Up Kerala Govt For Approaching HC Challenging NGT Order Which Was Upheld By SC

Coram: Justices Abhay S. Oka and Ujjal Bhuyan

The Supreme Court expressed displeasure at the State of Kerala for filing a writ petition before the Kerala High Court challenging an order of the National Green Tribunal after the same was upheld by the Supreme Court earlier.

'Sanatana Dharma' Row | Supreme Court Issues Notice On Udhayanidhi Stalin's Plea For Clubbing Of Criminal Cases

Case Title: Udhayanidhi Stalin v. The State of Maharashtra and Ors., W.P.(Crl.) No. 104/2024

Coram: Justices Sanjiv Khanna and Dipankar Datta

The Supreme Court today issued notice on Tamil Nadu Minister Udhayanidhi Stalin's plea for clubbing of FIRs/criminal complaints registered against him across multiple states over his controversial 'Sanatana Dharma' remarks.

TMC MLA Manik Bhattacharya Withdraws Petition Filed In Supreme Court Seeking Bail, Liberty Given To Approach HC Afresh

Case Details : MANIK BHATTACHARYA Versus DIRECTORATE OF ENFORCEMENT SLP(Crl) No. 016087 - / 2023

Coram: Justices Bela M Trivedi and Pankaj Mithal

The Supreme Court granted liberty to TMC MLA Manik Bhattacharya to withdraw his petition challenging the Calcutta High Court's rejection of bail in the money laundering related to cash for jobs scam. The Court has allowed Bhattacharya to file a fresh plea with any additional documents before the High Court and asked the High Court to consider the matter afresh and expeditiously.

6 Rebel Congress MLAs Withdraw From Supreme Court Petition Filed Against Disqualification From HP Assembly

Case Details: Chaitanya Sharma & Ors. v. Speaker, Himachal Pradesh Legislative Assembly & Ors. | Writ Petition (Civil) No. 156 of 2024

Coram: Justices Sanjiv Khanna and Dipankar Datta

A plea by six rebel MLAs of the Congress party challenging their disqualification from the Himachal Pradesh state assembly was withdrawn yesterday from the Supreme Court.

Should A Person Be Deemed To Be Arrested From The Time His Liberty Is Curtailed When Formal Arrest Is Recorded Later? Supreme Court To Consider

Case Details: RAM KOTUMAL ISSRANI v. DIRECTORATE OF ENFORCEMENT & ANR. Special Leave to Appeal (Crl.) No(s).6181/2024

Coram: Justices Hrishikesh Roy and Prashant Kumar Mishra

Recently, the Supreme Court issued notice in a plea challenging the legality of arrest of a person by the Enforcement Directorate who was summoned for interrogation late night and arrested the next morning while in confinement of the authorities. The main question that arose was whether the moment a person's liberty is confined by the authroities , it could be deemed as an official arrest, irrespective of the timing recorded in the arrest memo.


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