Supreme Court Weekly Round-Up (15 July-20 July, 2024)

Update: 2024-07-21 06:25 GMT
Click the Play button to listen to article
story

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...

Your free access to Live Law has expired
Please Subscribe for unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments, Ad Free Version, Petition Copies, Judgement/Order Copies.

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.

Judgments/ Orders

Supreme Court Dismisses Karnataka Dy CM DK Shivakumar's Plea To Quash CBI's Disproportionate Assets Case

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.

Trial Court Must Proactively Participate In Trial To Ensure Relevant Fact Isn't Left Out : Supreme Court

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.

Supreme Court Dismisses Petition To Review Judgment Which Refused SIT/CBI Probe In Adani-Hindenburg Matter

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.

'State Can't Alter Schedule Caste List Published Under Art. 341', Supreme Court Quashes Bihar Govt Resolution To Merge EBC Community In SC List

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.

Specific Performance Suit | Plaintiff Need Not Seek Cancellation Of Subsequent Sale Deed Executed With Prior Knowledge Of Agreement To Sell : Supreme Court

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.

Supreme Court Issues Notice To Defence Ministry On Nagaland's Plea To Prosecute 30 Armymen For Alleged Killing Of Civilians

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.

WB Teacher Recruitment Case : Supreme Court Gives Final Opportunity To Respondents To File Counter To Pleas Of Bengal Govt, SSC & Others

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.

Will Mixing Of Contraband Samples Violating NDPS Provisions Vitiate Seizure? Supreme Court To Examine

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.

S.227 CrPC| Court Must Apply Its Mind On Whether Materials Of Case Disclose Grounds To Proceed Against Accused : Supreme Court

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.

Illegal Sand Mining: Supreme Court Seeks Affidavit Of Maharashtra, AP, TN; Warns Cost Will Be Imposed On Default

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.

Can't Withdraw Prosecution Of Gruesome Crimes Merely Because Accused Is An Elected Representative : Supreme Court

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.

Supreme Court Imposes ₹3 Crore Cost On Bidder for Negligence, Says Greater Care Needed In Public Auctions To Prevent Waste Of Public Funds

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.

Condition To Deposit 50% Of Compensation Ordered Under S.357 CrPC To Suspend Sentence Unjustified : Supreme Court

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.

Revenue Record Entries Won't Confer Title; Rights Under Deed Won't Be Lost Merely Because Revenue Records Aren't Changed : Supreme Court

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).

S. 294 CrPC | Calling Accused To Admit/Deny Genuineness Of Documents Produced By Prosecution Not Violation Of Article 20(3) : Supreme Court

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).

Doctrine Of Merger Won't Apply If SLP Was Dismissed Without Granting Leave Whether By Reasoned Order Or Not : Supreme Court

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.

O. 23 R. 3 CPC | Compromise Must Be Reduced To Writing & Signed By Parties, Mere Statements Before Court Not Enough : Supreme Court

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.

Supreme Court Forms Committee Led By Justice Ravindra Bhat To Address Investor Claims On Sai Group Of Companies

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.

Bihar City Manager Cadre Rules | Candidate Getting Minimum Qualified Marks Can't Be Excluded From Merit List For Not Having Work Experience: Supreme Court

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.

Different Posts Coincidentally Having Same Pay Scale Does Not Create Indefeasible Right To Pay Parity: Supreme Court

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.

'Permanent Alimony Is Awarded To Ensure Decent Living Standard For Wife' : Supreme Court Reiterates Factors To Be Considered

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.

Supreme Court Orders Interim Release Of YouTuber Savukku Shankar Till High Court Decides Plea Against Preventive Detention

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.

NEET-UG 24 : Supreme Court Directs NTA To Publish Results Of All Candidates Centre-Wise Masking Identities

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.

If Right To Speedy Trial Is Violated, Constitutional Courts Can Grant Bail Despite Statutory Restrictions : Supreme Court In UAPA Case

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.

Drugs (Price Control) Order | Supreme Court Upholds Rs 4.6 Crore Recovery Against Sun Pharma For Overpricing Medicine

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.

'Assurances Of Railway On Kavach Appear To Be Misleading' : Plea In Supreme Court To Reopen Rail Safety Case

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.

UAPA | 'Watali' Judgment Not A Precedent to Deny Bail To Undertrial In Long Custody With No End In Sight Of Trial: Supreme Court

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.

Arbitration | Referral Courts Must Not Conduct Intricate Enquiry On Whether Claims Are Time-Barred : Supreme Court Clarifies 'Arif Azim' Judgment

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.

Does Article 361 Bar Investigation Against Governor? Supreme Court Seeks AG's Assistance On WB Governor's Immunity In Molestation Case

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.

Bilkis Bano Case: Supreme Court Refuses To Entertain Plea By 2 Convicts Challenging Setting Aside Of Gujarat Govt Remission

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.

NI Act | Large Number Of Cheque Bounce Cases Serious Concern, Courts Must Encourage Compounding If Parties Are Willing: Supreme Court

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.

NEET-SS : Supreme Court Seeks Union, NMC Response On Plea Challenging Decision To Not Hold NEET-Super Specialty Exam In 2024

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.

Supreme Court Refuses To Interfere With HC Decision That Writ Petition Isn't Maintainable Over Bar Association Election Dispute

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.

Supreme Court Issues Notice To HC On Petition Challenging Punjab & Haryana Superior Judicial Service Examination 2024

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.

Specific Relief Act | Supreme Court Reiterates Mandatory Requirement Of Direct And Specific Pleadings In Suit For Specific Performance

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.

Supreme Court Refuses To Entertain Petition Challenging TN Hindu Religious And Charitable Endowments Act

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.

Supreme Court Issues Notice On Kaumi Insaf Morcha's Plea Challenging HC Order Against Mohali-Chandigarh Protests

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.

Bail Under NDPS Act Should Not Be Granted Solely Because Accused Is Suffering From HIV: Supreme Court

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.

Vendor Cannot Execute Second Sale Deed While First Sale Deed Executed Over Same Plot Is Pending Registration: Supreme Court

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.

Proceedings For Cheque Dishonour U/s. 138 NI Act Do Not Constitute Continuing Cause Of Action To Initiate Arbitration: Supreme Court

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).

Machinery Needed To Verify If Tree Fellings In Delhi Are In Compliance With Court Orders : Supreme Court

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.

News

4 Acres Land In Bandra Kurla To Be Handed Over For New Bombay HC Building By Sep 10 : Maharashtra Govt Tells Supreme Court

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.

Mukhtar Ansari Death | 'His Food Was Poisoned And Medical Treatment Withheld': Son Tells Supreme Court, Seeks Enquiry

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.

How Many TV Channels Shut Down In Past 3 Years For Non-Renewal Of License? Supreme Court Seeks Data From Union

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.

Supreme Court Judge Justice Sanjay Kumar Recuses From Hearing Delhi Liquor Policy Case Accused-Abhishek Boinpally's Bail Plea

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.

Supreme Court Raises Concerns About Fresh Law Graduates Joining Judiciary, Low AIBE Standards & Politicisation Of Bar

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.

Is Charge Sheet Incomplete In NDPS Cases Without Forensic Report?Do States Have Adequate Forensic Labs? Supreme Court To Examine

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.


Is Charge Sheet Incomplete In NDPS Cases Without Forensic Report?Do States Have Adequate Forensic Labs? Supreme Court To Examine

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.


Tags:    

Similar News