Supreme Court Monthly Digest- January 2023
Padmakshi Sharma
14 Feb 2023 8:50 AM IST
January has come and gone, leaving behind a trail of pulse-pounding legal events that took place in the Supreme Court of India. But fear not, as Live Law is back with its monthly digest to keep you informed and in the loop of all the key happenings in the Indian Supreme Court. Whether you are a legal enthusiast or just someone who wants to stay informed, our monthly digest has got you...
January has come and gone, leaving behind a trail of pulse-pounding legal events that took place in the Supreme Court of India. But fear not, as Live Law is back with its monthly digest to keep you informed and in the loop of all the key happenings in the Indian Supreme Court. Whether you are a legal enthusiast or just someone who wants to stay informed, our monthly digest has got you covered. Let's stay ahead of the curve and stay informed with Live Law.
- Judgements/Orders
Case Title: Vivek Narayan Sharma v. Union Of India [WP (C) No. 906/2016] and other connected matters
Citation: 2023 LiveLaw (SC) 1
Coram: Justices S Abdul Nazeer, BR Gavai, AS Bopanna, V Ramasubramanian and BV Nagarathna
The Supreme Court Constitution Bench upheld by 4:1 majority the decision taken by the Union Government six years ago to demonetise the currency notes of Rs. 500 and Rs.1000 denominations. The majority held that Centre’s notification dated November 8, 2016 is valid and satisfies the test of proportionality. Justice BV Nagarathna in her dissenting view held that though demonetization was well-intentioned and well thought of, it has to be declared unlawful on legal grounds (and not on the basis of objects).
Other reports on the judgement can be found here.
Case Title: Ashok Pandey v. Union of India And Ors. [WP(C) No. 823/2022]
Citation: 2023 LiveLaw (SC) 5
Coram: Justice S.K. Kaul and Justice A.S. Oka
The Supreme Court observed that there is no provision in the Constitution which prohibits lawyers practicing in the Supreme Court to be appointed as judges of High Courts. The observation was made while hearing a petition contending that as per Article 217 of the Constitution, a person who has been enrolled with a State Bar Council and subsequently shifted practice to the Supreme Court is ineligible to be appointed as a judge of that High Court.
Supreme Court Upholds Conviction Of Man Accused Of Killing His Two Sons
Case Title: Prem Singh vs State of NCT of Delhi [CrA 1 OF 2023]
Citation: 2023 LiveLaw (SC) 2
Coram: Justice Dinesh Maheshwari and Justice Sudhanshu Dhulia
Rejecting his plea of mental incapacity, the Supreme Court upheld the conviction of a man accused of killing his two sons. "Where the accused is charged of murder, the burden to prove that as a result of unsoundness of mind, the accused was incapable of knowing the consequences of his acts is on the defence", the bench observed. The court found that he was neither suffering from any medically determined mental illness nor could be said to be a person under a legal disability of unsound mind.
Case Title: Kaushal Kishor v. State of UP | WP (Crl) No. 113/2016
Citation: 2023 LiveLaw (SC) 4
Coram: Justice S. Abdul Nazeer, Justice B.R. Gavai, Justice A.S. Bopanna, Justice V. Ramasubramanian and Justice B.V. Nagarathna
The Supreme Court Constitution Bench has held that additional restrictions, not found in Article 19(2), cannot be imposed on the exercise of right to free speech under Article 19(1)(a) of Ministers, MPs and MLAs. It held that the grounds mentioned in Article 19(2) for restricting free speech are exhaustive. The Court by 4:1 majority added that statements made by Minister, even if traceable to any affairs of state or protecting the govt, cannot be attributed vicariously to the govt even applying the principle of collective responsibility. In her dissenting opinion, Justice B.V. Nagarathna agreed that greater restriction cannot be imposed on free speech, in addition to grounds under Article 19(2). However, she observed that in case a Minister makes disparaging statements in his "official capacity", then such statements can be vicariously attributed to the government.
Other reports on the judgement can be found here.
Case Title: KC Cinema v. The State of Jammu and Kashmir and others and connected matters. | SLP(C) No. 20784/2018
Coram: Chief Justice DY Chandrachud and Justice PS Narasimha
Supreme Court stated that a cinema hall owner could prohibit movie-goers from carrying their own food and beverages inside cinema halls. However, the bench clarified that all Cinema Halls must provide hygienic drinking water for all movie goers free of cost in theatres. Further, it noted when an infant or a child accompanies a parent, reasonable amount of food for them can be carried in theatres. The court also disapproved mandate for uniform pricing of cinema tickets
Case Title: Deepak Gaba vs State of Uttar Pradesh [CrA 2328 OF 2022]
Citation: 2023 LiveLaw (SC) 3
Coram: Justice Sanjiv Khanna and Justice J K Maheshwari
The Supreme Court observed that a summoning order under Section 204 CrPC should not be passed lightly or as a matter of course. In this case, the complainant had invoked Sections 405, 420, 471, and 120B of the IPC against the accused. However, the Magistrate directed summons to be issued only under Section 406 of the IPC, and not under Sections 420, 471 or 120B of the IPC.
Other reports on the judgement can be found here.
Case Title: Indian Medicines Pharmaceuticals Corporation Ltd vs Kerala Ayurvedic Co Operative Society Ltd. | CA 6693 of 2022
Citation: 2023 LiveLaw (SC) 6
Coram: CJI DY Chandrachud and Justice Hima Kohli
Observing that the State does not have absolute discretion while spending public money, the Supreme Court reiterated that government contracts must be ordinarily awarded through tender process. As the process of inviting tenders ensures a level playing field for competing entities, the departure from the tender route "must not be unreasonable or discriminatory", the Court said.
Case Title: IFB Agro Industries Ltd. vs SICGIL India Ltd. | CA 2030 of 2019
Citation: 2023 LiveLaw (SC) 8
Coram: Justice AS Bopanna and Justice PS Narasimha
The Supreme Court held that National Company Law Tribunal under Section 59 of Companies Act, 2013, cannot exercise a parallel jurisdiction with Securities and Exchange Board of India for addressing violations of the Regulations framed under the SEBI Act. The court held that rectificatory jurisdiction of the NCLT under Section 59 of the Companies Act, 2013, is summary in nature. It is not not intended to be exercised where there are contested facts and disputed questions, the bench observed.
Delay In Filing CIRP Application Condonable On Sufficient Reasons : Supreme Court
Case Title: Sabarmati Gas Limited vs Shah Alloys Limited [CA 1669 of 2020]
Citation: 2023 LiveLaw (SC) 9
Coram: Justice Ajay Rastogi and Justice CT Ravikumar
The Supreme Court observed that delay in initiating Corporate Insolvency Resolution Process (CIRP) is condonable on sufficient grounds. The bench noted that the Limitation Act, 1963 are applicable to applications filed under Sections 7 and 9 of IBC. It be so, the position is that the period of limitation is three years from the right to apply accrues but the delay is condonable on sufficient grounds, the bench said.
Other reports on the judgement can be found here.
Case Title: M/s Muthoot Leasing And Finance Limited And Another vs. Commissioner Of Income Tax [CA No.s 10201-10202 of 2010]
Citation : 2023 LiveLaw (SC) 7
Coram: Justice Sanjiv Khanna and Justice M M Sundresh
The Supreme Court has held that non-banking finance and leasing companies are not liable to pay tax on the interest component included in the hire-purchase instalment paid under the hire purchase agreement.
Parole Period Can't Be Included In Period Of Actual Imprisonment : Supreme Court
Case Title: Rohan Dhungat vs State of Goa and Ors | Diary No. 29535 - 2022
Citation : 2023 LiveLaw (SC) 10
Coram: Justice MR Shah and Justice CT Ravikumar
Supreme Court held that the Parole period has to be excluded from the period of sentence under the Goa Prison Rules, 2006 while considering 14 years of imprisonment for premature release. The bench held that if the parole period is included as part of the sentence period, then any prisoner who is influential enough may get parole several times.
Case Title: Sidha Neelkanth Paper Industries Private Limited vs Prudent ARC Limited | CA 8969 OF 2022 | 5 Jan 2023
Citation: 2023 LiveLaw (SC) 11
Coram: Justice M R Shah and Justice B V Nagarathna
While calculating the amount to be deposited as predeposit under Section 18 of the SARFAESI Act, 50% of which amount the borrower is required to deposit as pre-deposit? The Supreme Court has explained in a judgment.
MSMED Act 'Dues' Will Not Prevail Over SARFAESI Proceedings : Supreme Court
Case Title: Kotak Mahindra Bank Limited vs Girnar Corrugators Pvt. Ltd | CA 6662 OF 2022 | 5 Jan 2023 |
Citation: 2023 LiveLaw (SC) 12
Coram: Justice M R Shah and Justice Krishna Murari
The Supreme Court observed that the dues under Micro, Small and Medium Enterprises Development Act, 2006 would not prevail over the SARFAESI Act.
Case Title: K. Sreedhar vs Raus Constructions Private Ltd. | CA 7402 OF 2022 | 5 January 2023
Citation: 2023 LiveLaw (SC) 13
Coram: Justice M R Shah and Justice M M Sundresh
The Supreme Court held that, in SARFAESI proceedings, the burden is upon the borrower to prove that the secured properties are agricultural lands and actually being used as agricultural lands and/or agricultural activities.
Supreme Court Quashes Complaint Alleging Offence Under SC-ST (Prevention Of Atrocities) Act
Case Title: B Venkateswaran vs P Bakthavatchalam | CrA 1555 OF 2022 | 14 Jan 2023
Citation: 2023 LiveLaw (SC) 14
Coram: Justice M R Shah and Justice Krishna Murari
The Supreme Court, in a judgment, quashed a complaint alleging offences under Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, observing that it amounted to abuse of process of law and Court.
Case Title: Shekhar Resorts Limited vs Union of India | CA 8957 OF 2022 | 5 Jan 2023 |
Citation: 2023 LiveLaw (SC) 15
Coram: Justice M R Shah and Justice B V Nagarathna
No one can be expected to do the impossible, the Supreme Court remarked while granting relief to a company which could not avail the benefit of settlement of tax dues under “Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019, due to moratorium imposed on it.
Supreme Court Stays Meghalaya High Court's Interim Order Staying Assam-Meghalaya Border Pact
Case Title: State of Meghalaya v. R. Wahlang & Ors. | SLPC D.944/2023
Coram: Chief Justice DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala
Supreme Court stayed the order of Meghalaya High Court which had put an interim stay on the execution of the Assam-Meghalaya border pact, which was entered into between the two States subsequent to the signing of a Memorandum of Understanding (MoU) dated 29.03.2022.
Supreme Court Quashes CBI Investigation Against Former Uttarakhand CM Trivendra Singh Rawat
Case Title: Trivendra Singh Rawat Versus Umesh Kumar Sharma And Ors | SLP (Crl) No. 5329-5331/2020 Ii-B
Coram: Justice MR Shah and Justice CT Ravikumar
The Supreme Court of India set aside a Uttarakhand High Court order which had directed the Central Bureau of Investigation to investigate the corruption allegations against former Chief Minister of Uttarakhand Trivendra Singh Rawat. The bench noted that the former CM was not a party before the High Court and that the High Court did not hear him before passing the directions on the CBI investigation. This, the Court said, violates the principles of natural justice.
Case Title: Aley Hasan Khan v. State of UP & Ors.
Coram: Justice MR Shah and Justice CT Ravikumar
The Supreme Court refused to entertain Samajwadi Party leader Azam Khan's challenge to the Allahabad High Court dismissing a batch of petitions filed by the office-bearers of Rampur's Maulana Mohammad Ali Jauhar Trust, headed by Khan, for quashing of criminal proceedings in cases lodged for alleged land grabbing to expand the premises of the University.
Transferred Judge Does Not Go With Label 'Bar Judge' Or 'Service Judge' : Supreme Court
Case Title: Advocates Association Bengaluru v. Barun Mitra And Anr. Contempt Petition (C) No. 867/2021 in TP(C) No. 2419/2019
Coram: Justice Sanjay Kishan Kaul and Justice Abhay S Oka
The Supreme Court made an important clarification as to how the vacancies in a High Court is to be categorized when a judge comes there on transfer from another High Court. The bench comprising Justices Sanjay Kishan Kaul and Abhay S Oka stated that when a judge is transferred from one High Court to another, the said judge does not go to the transferred High Court with a label of a 'bar judge' or the 'service judge'.
Case Title: Indiabulls Housing Finance Ltd. v Iirf India Realty Xii Ltd. & Ors. | CA No. 9062/2022
Coram: Justice Sanjay Kishan Kaul and Justice Abhay S. Oka
The Supreme Court while adjudicating an appeal filed in Indiabulls Housing Finance Ltd. V Iirf India Realty Xii Ltd. & Ors., set aside a status quo order passed by NCLAT Delhi which impeded the implementation of an order passed by the Supreme Court. The Bench has deprecated the NCLAT order while observing that the same is inappropriate and almost bordering on contempt.
Case Title: Red Chilli International Sales Versus ITO
Citation: 2023 LiveLaw (SC) 16
Coram: Justices Sanjiv Khanna and MM Sundresh
The Supreme Court set aside an order of the Punjab and Haryana High Court which dismissed a writ petition filed by an assessee against a notice issued under Section 148A of the Income Tax Act 1961 for reopening assessment.
Case Title: KSRTC Vs State of Kerala | SLP (C) NO. 23478/2022
Coram: Justices Surya Kant and JK Maheshwari
In a temporary relief to the Kerala State Road Transport Corporation(KSRTC), the Supreme Court stayed a direction passed by the Kerala High Court on December 12 that buses wrapped with advertisements shall not be used for transporting Sabarimala pilgrims in Nilakkal-Pamba route.
States Have Power To Constitute Committees On Uniform Civil Code : Supreme Court
Case Title: Anoop Baranwal vs Union of India | WP(C) No. 1086/2022 | 9 Jan 2023
Citation: 2023 LiveLaw (SC) 22
Coram: CJI D Y Chandrachud and Justice P S Narasimha
Supreme Court bench refused to entertain a public interest litigation (PIL) challenging the decision of States of Uttarakhand and Gujarat to constitute committees to introduce and implement Uniform Civil Code (UCC).
Case Title: Basavaraj vs Padmavathi | CA 8962-8963 OF 2022 | 5 Jan 2023
Citation: 2023 LiveLaw (SC) 17
Coram: Justices M R Shah and B V Nagarathna
The Supreme Court observed that adverse inference cannot be drawn against a plaintiff in a suit for specific performance for not producing his passbook unless he was called upon to produce it.
Case Title: AMD Industries Limited vs Commissioner of Trade Tax | CA 108 OF 2013 | 9 January 2023
Citation: 2022 LiveLaw (SC) 18
Coram: Justices M R Shah and Krishna Murari
The Supreme Court observed that the goods manufactured on “diversification” must be a “different”, “distinct” and a “separate” good in nature so as to claim exemption under Section 4-A (5) of the U.P. Trade Tax Act.
Case Title: Smriti Debbarma (D) vs Prabha Ranjan Debbarma | CA 878 OF 2009 | 4 Jan 2023
Citation: 2022 LiveLaw (SC) 19
Coram: Justices Sanjiv Khanna and J K Maheshwari
The Supreme Court observed that a decree of possession cannot be passed in favour of the plaintiff merely because defendants were not able to fully establish their right, title and interest in the property.
Case Title: USS Alliance vs State of Uttar Pradesh | SLP(C) 23676/2022 | 6 January 2023
Citation: 2023 LiveLaw (SC) 20
Coram: Justices Sanjiv Khanna and MM Sundresh
The Supreme Court observed that the starting point for the limitation under Section 34(3) Arbitration and Concliation Act, in case of suo moto correction of the award, would be the date on which the correction was made and the corrected award is received by the party.
Case Title: Residents Welfare Association & Anr. v. The Union Territory of Chandigarh & Ors. | Special Leave Petition (Civil) No. 4950 of 2022
Citation: 2023 LiveLaw (SC) 24
Coram: Justices B.R. Gavai and BV Nagarathna
In a significant development, the Supreme Court slammed the rampant practice prevalent in Chandigarh city of converting single residential units into apartments, in view of the heritage status of India’s first planned city as well as the principle of sustainability.
Case Title: Residents Welfare Association & Anr. v. The Union Territory of Chandigarh & Ors. | Special Leave Petition (Civil) No. 4950 of 2022
Citation : 2023 LiveLaw (SC) 24
Coram: Justices B.R. Gavai and BV Nagarathna
While issuing directions to preserve the heritage of 'Corbusier' Chandigarh, the Supreme Court strongly urged the legislature and executive wings of the centre and the states to consider the harmful effects of ‘haphazard’ urban planning and take mitigative measures to ensure that the environment is not sacrificed at the altar of development.
Case Title: X vs State of Uttar Pradesh | CrA 25 OF 2023 | 4 Jan 2023
Citation: 2023 LiveLaw (SC) 26
Coram: Justices M R Shah and C T Ravikumar
The Supreme Court observed that criminal proceedings for demand of dowry cannot be quashed merely because divorce petition is pending.
Case Title: Association of Old Settlers of Sikkim vs Union of India | WP(C) 59 OF 2013 | 13 January 2023
Citation: 2023 LiveLaw (SC) 28
Coram: Justices M R Shah and B V Nagarathna
The Supreme Court held that excluding Sikkimese woman merely because she marries a non-Sikkimese after 01.04.2008 from exemption provision under Section 10(26AAA) Income Tax Act is is totally discriminatory and thus unconstitutional.
Case Title: State of Himachal Pradesh vs Goel Bus Service Kullu | CA 5534-5594 of 2011 | 13 Jan 2023
Citation: 2023 LiveLaw (SC) 27
Coram: Justices Sanjay Kishan Kaul, Abhay S. Oka Vikram Nath
The Supreme Court upheld the constitutional validity of levy of additional special road tax under Section 3A(3) of Himachal Pradesh Motor Vehicles Taxation Act, 1972.
Case Title: State represented by The Inspector of Police Vs Maridass and Anr | Crl. A. No. 67/2023
Citation : 2023 LiveLaw (SC) 25
Coram: Justices MR Shah and CT Ravikumar
The Supreme Court has set aside an order of the Madurai Bench of the Madras High Court which had quashed criminal proceedings registered against YouTuber Maridhas Malaichamy for an alleged tweet.
Case Title: Association of Old Settlers of Sikkim vs Union of India | WP(C) 59 OF 2013 | 13 January 2023
Citation: 2023 LiveLaw (SC) 28
Coram: Justices M R Shah and B V Nagarathna
The Supreme court held that the exclusion of old Indian settlers, who have permanently settled in Sikkim prior to merger of Sikkim with India on 26.04.1975 from the definition of “Sikkimese” in Section 10(26AAA) of Income Tax Act is unconstitutional
Is Non-Production Of Power Of Attorney Fatal To Title Suit? Supreme Court Split Verdict
Case Title: Manik Majumder And Ors. v. Dipak Kumar Saha (Dead) through Lrs. And Ors| CA 2965 of 2022 | 13 Jan 2023 |
Citation : 2023 LiveLaw (SC) 29
Justice M.R. Shah and Justice B.V. Nagarathna
The Supreme Court passed a split verdict in a plea pertaining to the issue that when a sale deed is executed on the strength of a deed of Power Attorney, the non-production of the deed of Power of Attorney in the suit is fatal to the case of the plaintiff.
Case Title: Deepal Ananda Patil v. State of Maharashtra And Ors | CA 88-89 of 2023 | 4 Jan 2023
Citation: 2023 LiveLaw (SC) 30
Coram: Chief Justice D.Y. Chandrachud and Justice P.S. Narasimha
The Supreme Court, recently, reiterated, that an adjudicatory body, cannot base its decision on any material unless the person against whom it is sought to be utilised has been apprised of it and given an opportunity to respond to it.
Supreme Court Bench Delivers Split Verdict In Civil Appeal From Specific Performance Suit
Case Title: C. Haridasan Versus Anappath Parakkattu Vasudeva Kurup & Others CIVIL APPEAL NO. 4072 OF 2022
Citation : 2023 LiveLaw (SC) 31
Coram: Justices MR Shah and BV Nagarathna
The Supreme Court delivered a split verdict in a civil appeal arising out of a suit seeking specific performance of an agreement of sale.
Party Estopped From Questioning Amount Levied As Per Contract After Signing It : Supreme Court
Case Title: The Chief Engineer, Water Resources Department & Ors. Versus Rattan India Power Limited Through Its Director & Ors. Civil Appeal No. 8550 Of 2022 Arising Out Of SLP (C) No. 28161 Of 2016
Citation : 2023 LiveLaw (SC) 32
Coram: Justices S Ravindra Bhat and PS Narasimha
The Supreme Court has held that signing a contract and issuing an undertaking in accordance with the contract would estop the parties from challenging the amount of consideration as specified within the terms of the contract.
Case Title: Jaswant Singh & Ors. Versus The State Of Chhattisgarh & Anr. Writ Petition (Crl.) No. 323 Of 2022
Citation : 2023 LiveLaw (SC) 33
Coram: Justices Dinesh Maheshwari and Bela M. Trivedi
The Supreme Court held that while giving opinion regarding grant of remission under Section 432(2) Cr.P.C. the Presiding Judge needs to give reasons with regard to the factors to be taken into consideration as laid down by the Supreme Court in the case of Laxman Naskar vs. Union of India.
Case Title: M/s Oswal Plastic Industries v. Manager, Legal Deptt N.A.I.C.O Ltd.| CA 83 of 2023 | 13 Jan 2023
Citation: 2023 LiveLaw (SC) 34
Coram: Justice M.R. Shah and Justice C.T. Ravikumar
The Supreme Court has upheld an order of the State Consumer Disputes Redressal Commission, Punjab, which granted INR 29,17,500 to an insurer and was eventually modified by the National Consumer Disputes Redressal Commission to INR 12,60,000. The rate of interest was also modified from 9% to 7%.
Default Bail Can Be Cancelled On Merits After Presentation Of Chargesheet : Supreme Court
Case Title: State through CBI v. T. Gangi Reddy @ Yerra Gnagi Reddy | SLP (Crl) No. 9573/2022
Citation: 2023 LiveLaw (SC) 37
Coram: Justice M.R. Shah and Justice C.T. Ravikumar
The Supreme Court has held that there is no bar in cancelling default bail on merits after the presentation of chargesheet. The question that arose in the case was whether default bail can be cancelled after presentation of chargesheet, when it was granted for not filing it within 90 days as per the CrPC.
Case Title: Govt. of NCT of Delhi Versus Sunil Jain & Ors CIVIL APPEAL NO.280 of 2023 (@ SLP (C) No. 1019 of 2023)
Citation : 2023 LiveLaw (SC) 36
Coram: Justices MR Shah and CT Ravi Kumar
The Supreme Court has held that delay in taking possession of land because of a pending litigation does not entitle the original owner of the land the benefit of lapse under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Case Title : The Union of India & Ors. Versus Rajib Khan & Ors. CIVIL APPEAL NO. 172 of 2023 (@ Special Leave Petition (Civil) No.8083 of 2022)
Citation. : 2023 LiveLaw (SC) 35
Coram: Justices MR Shah and CT Ravi Kumar
The Supreme Court have held that academic qualifications are a valid criteria to differentiate pay scale for different employees even when the nature of the work undertaken by them is more or less the same.
View That Default Bail Cannot Be Cancelled On Merits Will Reward Lethargic Investigation : Supreme Court
Case Title : State through CBI v. T. Gangi Reddy @ Yerra Gnagi Reddy | SLP (Crl) No. 9573/2022
Citation: 2023 LiveLaw (SC) 37
Coram: Justice M.R. Shah and Justice C.T. Ravikumar
The Supreme Court held that when special reasons are made out from the chargesheet and the chargesheet reveals commission of non-bailable crime, default bail granted to an accused under proviso to Section 167(2) CrPC can be cancelled.
Case Title: TATA Sons Pvt Ltd vs Siva Industries and Holdings Ltd | MA 2680 of 2019 in Arbitration Case (Civil) No 38 of 2017 | 5 January 2023
Citation: 2023 LiveLaw (SC) 39
Coram: CJI D Y Chandrachud and Justice P S Narasimha
The Supreme Court held that the time limit of twelve months as prescribed in Section 29A of Arbitration and Conciliation Act is not applicable for international commercial arbitration.
Child Adopted By Widow After Death Of Govt. Employee Not Entitled To Family Pension : Supreme Court
Case Title: Shri Ram Shridhar Chimurkar vs Union of India | SLP (C) 21876 of 2017 | 17 Jan 2023
Citation: 2023 LiveLaw (SC) 40
Coram: Justices K M Joseph and B V Nagarathna
The Supreme Court held that a son or daughter adopted by the widow of a deceased government servant, after the death of the government servant, cannot be included within the definition of ‘family’ under Rule 54(14)(b) of the Central Civil Services (Pension) Rules, 1972 to claim family pension.
'Wikipedia Not Completely Dependable' : Supreme Court Cautions Courts & Adjudicating Authorities
Case Title: Hewlett Packard India Sales Pvt. Ltd. vs Commissioner of Customs (Import), Nhava Sheva | CA 5373 OF 2019 | 17 January 2023
Citation: 2023 LiveLaw (SC) 43
Coram: Justices Surya Kant and Vikram Nath
In a judgment delivered the Supreme Court cautioned the courts and adjudicating authorities against use of 'wikipedia' for legal dispute resolution.
A Person Cannot Be Deemed To Be In Service When First Dismissal Order Is In Force: Supreme Court
Case Title: State Bank Of India & Ors. Versus Kamal Kishore Prasad Civil Appeal No. 175 Of 2023 (Arising Out Of Slp (C) No. 9819 Of 2018)
Citation: 2023 LiveLaw (SC) 42
Coram: Justices Krishna Murari and Bela M Trivedi
The Supreme Court has held that when the first dismissal order against a person in service is in force, irrespective of all pending litigations or his age of superannuation, he cannot be deemed to be continuing in service.
'Last Seen' Circumstance Cannot Be Sole Basis For Conviction : Supreme Court Acquits Murder Accused
Case Title: Jabir vs State of Uttarakhand | CrA 972 OF 2013 | 17 Jan 2023 |
Citation: 2023 LiveLaw (SC) 41
Coram: Justices S. Ravindra Bhat and P S Narasimha
The court should not convict an accused only on the basis of the “last seen” circumstance, the Supreme Court observed while setting aside concurrent conviction of murder accused. The bench observed that the “last seen” doctrine has limited application, where the time lag between the time the deceased was seen last with the accused, and the time of murder, is narrow.
Case Title: Ex-Const/Dvr Mukesh Kumar Raigar Versus Union Of India & Ors. Special Leave Petition (Civil) No. 10499 Of 2022
Citation: 2023 LiveLaw (SC) 44
Coram: Justices Ajay Rastogi and Bela M. Trivedi
Observing that entering the service of a disciplined force like CISF by suppressing criminal cases is a "gross misconduct", the Supreme Court approved the dismissal of a personnel. The bench held that the power of judicial review exercised by a Court or a Tribunal against the orders of a departmental enquiry committee is only limited to ensuring "that the individual receives fair treatment and not to ensure that the conclusion which the authority reaches is necessarily correct in the eye of the Court."
Excessive Conditions Cannot Be Imposed While Granting Bail/Suspension Of Sentence : Supreme Court
Case Title: Guddan @ Roop Narayan vs State Of Rajasthan | CrA 120 OF 2023 | 3 Jan 2023
Citation: 2023 LiveLaw (SC) 45
Coram: Justices Krishna Murari and V. Ramasubramanian
The Supreme Court reiterated that excessive conditions cannot be imposed while granting bail/suspension of sentence.
Case Title: Rajaram Sriramulu Naidu (D) vs Maruthachalam (D) | CrA 1978 OF 2013 | 18 Jan 2023
Citation: 2023 LiveLaw (SC) 46
Coram: Justice B R Gavai and M M Sundresh
The Supreme Court observed that the standard of proof for rebutting the presumption under Section 139 of the Negotiable Instruments Act is that of preponderance of probabilities.
Case Title: Google LLC v. Anr. C.A. No. 229/2023
Coram: CJI DY Chandrachud, Justices PS Narasimha, and JB Pardiwala
The Supreme Court refused to interfere with the order of the National Company Law Appellate Tribunal which refused to stay the order of the Competition Commission of India (CCI) which imposed a penalty of Rs 1,338 crore on Google India for abuse of dominance in relation to Android eco-system.
Case Title: Bimla Tiwari vs State of Bihar | SLP(Crl) 834-835 OF 2023 | 16 Jan 2023
Citation: 2023 LiveLaw (SC) 47
Coram: Justices Dinesh Maheshwari and Hrishikesh Roy
The process of criminal law cannot be utilised for arm-twisting and money recovery, particularly while opposing the prayer for bail, the Supreme Court observed in an order passed recently.
Case Title : Saurav Das vs Union of India |W.P.(C) No. 1126/2022
Citation : 2023 LiveLaw (SC) 52
Coram: Justices MR Shah and CT Ravikumar
The Supreme Court held that police and investigating agencies like CBI, ED etc., cannot be directed to upload the chargesheets filed in cases in a public platform for easy access by the general public.
Case Title: Leena Manimekalai v. UoI And Ors. WP(Crl) No. 8/2023
Coram: Chief Justice DY Chandrachud and Justice PS Narasimha
The Supreme Court of India heard filmmaker Leena Manimekalai's plea challenging the multiple FIRs registered against her in various states over the poster of her documentary titled "Kaali". The bench, while issuing notice to the States, directed that no coercive steps shall be taken against the filmmaker either on the basis of the FIRs which had already been lodged or on basis of FIRs which may be lodged in relation to the Kaali poster row.
Case Title: Boby vs State of Kerala | CrA 1439 OF 2009 | 12 Jan 2023
Citation: 2023 LiveLaw (SC) 50
Coram: Justices B R Gavai and M M Sundresh
The Supreme Court observed that the recovery cannot be relied on under Section 27 of the Evidence Act in the absence of record of the statement of accused.
Case Title: Gajanand Sharma vs Adarsh Siksha Parisad Samiti | CA 100-101 OF 2023 | 19 Jan 2023
Citation: 2023 LiveLaw (SC) 48
Coram: Justices M R Shah and C T Ravikumar
Interpreting Section 18 of the Rajasthan Non-Governmental Educational Institutions Act, the Supreme Court held that prior approval of Director of Education has to be obtained even in case of termination/removal of an employee of a recognized institution after holding departmental proceedings.
Case Title: Mahanadi Coalfields Ltd vs State of Odisha | CA 220 OF 2023 | 20 Jan 2023
Citation: 2023 LiveLaw (SC) 51
Coram: Justices M R Shah and C T Ravikumar
The Supreme Court held that a State Government can be said to be the ‘person interested’ in getting the compensation under Coal Bearing Areas (Acquisition and Development) Act, 1957.
Case Title: ESI Corporation vs Radhika Theatre | CA 312 OF 2023 | 20 Jan 2023
Citation: 2022 LiveLaw (SC) 53
Coram: Justices M R Shah and C T Ravikumar
The Supreme Court observed that the Employees' State Insurance Act should be given liberal interpretation so that social security can be given to the employees.
Case Title: The ESI Corporation v. M/s . Radhika Theatre | CA 312 OF 2023 | 20 Jan 2023
Citation: 2023 LiveLaw (SC) 53
Coram: Justice M.R. Shah and Justice C.T. Ravikumar
The Supreme Court held that Section 1(6) of the Employees’ State Insurance Act, 1948 (ESI Act), which contemplates that an establishment would be governed by the Act even if the number of employees fall below the specified limit at any time, shall be applicable to establishments established prior to the provision coming into existence.
Case title: Manubhai Sendhabhai Bharwad and Another Versus Oil and Natural Gas Corporation Ltd. & Others
Citation : 2023 LiveLaw (SC) 55
Coram: Justices MR Shah and MM Sundresh
The Supreme Court held that, “to continue with the temporary acquisition for number of years would be arbitrary and can be said to be infringing the right to use the property guaranteed under Article 300A of the Constitution of India. Even to continue with the temporary acquisition for a longer period can be said to be unreasonable, infringing the rights of the landowners to deal with and/or use the land.”
Case Title: State of Punjab Versus Shiv Enterprises Civil Appeal No. 359 of 2023
Citation : 2023 LiveLaw (SC) 56
Coram: Justices MR Shah and CT Ravi Kumar
Observing that it was "premature" on the part of the High Court to quash a show-cause notice issued under Section 130 of the Central Goods and Service Tax Act by invoking Article 226 jurisdiction, the Supreme Court set aside an order passed by the Punjab and Haryana High Court.
Supreme Court Allows Purse Seine Fishing Beyond TN Territorial Waters With Conditions
Case Title: Fisherman Care vs Govt of Tamil Nadu SLP(C) No. 8442/2021, Ganasekar & Ors v UOI & Ors| WP(C) 262 of 2022 and connected matters
Citation : 2023 LiveLaw (SC) 58
Coram: Justices AS Bopanna and Sudhanshu Dhulia
The Supreme Court passed restricted interim orders in a batch of interim applications seeking interim stay on the order dated February 17, 2022 passed by the Tamil Nadu Government on banning the use of purse seine nets for fishing.
Case Title: Baharul Islam and Ors. v. Indian Medical Association and Ors. | SLP(C) No. 32592-32593/2015
Citation: 2023 LiveLaw (SC) 57
Coram: Justices B.R. Gavai and B.V. Nagarathna
The Supreme Court struck down the Assam Rural Health Regulatory Authority Act, 2004 which permitted diploma holders in Medicine and Rural Health Care to treat certain common diseases, perform minor procedures, and prescribe certain drugs.
Case Title : Baharul Islam and Ors. v. Indian Medical Association and Ors. | SLP(C) No. 32592-32593/2015
Citation : 2023 LiveLaw (SC) 57
Coram: Justice B.R. Gavai and Justice BV Nagarathna
Any variation in the standards of the qualifications required of medical practitioners who render services in rural areas vis-à-vis those rendering services in urban and metropolitan areas is violative of the constitutional values of substantive equality and non-discrimination, said Supreme Court, while pronouncing a judgement striking down the Assam Rural Health Regulatory Authority Act, 2004 which permitted diploma holders in Medicine and Rural Health Care to treat certain common diseases, perform minor procedures, and prescribe certain drugs.
Case Title: Prasad Pradhan vs State of Chhattisgarh | CrA 2025 OF 2022 | 24 Jan 2023
Citation: 2023 LiveLaw (SC) 59
Coram: Justices Krishna Murari and S. Ravindra Bhat
The Supreme Court observed that a long-standing preexisting dispute will not attract the exception of “grave and sudden” provocation under Section 300 of Indian Penal Code.
'Entitled To Benefit Of Doubt' : Supreme Court Acquits Accused In A 1985 Murder Case
Case Title: Munna Lal vs State of Uttar Pradesh | CrA 490 OF 2017 | 24 January 2023
Citation: 2023 LiveLaw (SC) 60
Coram: Justices S. Ravindra Bhat and Dipankar Dutta
In a judgment delivered on 24 January 2023, the Supreme Court acquitted the accused in a 1985 Murder Case by giving them benefit of doubt.
Case Title: Anadi Dixit vs UoI | WP(Crl) 68/2018 | 23 Jan 2023
Citation: 2023 LiveLaw (SC) 61
Coram: Justices Aniruddha Bose and Sudhanshu Dhuliia
The Supreme Court has directed CBI to conduct further investigation into unnatural death of an MBBS Student in 2017. Anadi Dixit had lodged the First Information Report after the unnatural death of his daughter who was enrolled in an educational institution pursuing MBBS course. Initially, two persons were arraigned as accused for commission of offences under Section 306/201 of the Indian Penal Code. Subsequently, investigation was handed over to crime investigation division CBCID which now filed a closure report. In these circumstances, Dixit approached the Apex Court by filing a writ petition.
Supreme Court Sets Aside Bail Condition To Deposit Rs 70 Lakhs In Case For Wrongfully Claiming ITC
Case Title: Subhash Chauhan Versus UOI
Citation: 2023 LiveLaw (SC) 61
Coram: Justice Krishna Murari and Justice BV Nagarathna
The Supreme Court has overturned a bail condition imposed by the High Court that a person accused of illegally claiming Input Tax Credit must deposit deposit Rs. 70 lakhs, the alleged amount of improperly claimed ITC.
Case Title: Baharul Islam vs Indian Medical Association
Citation: 2023 LiveLaw (SC) 57
Coram: Justices B R Gavai and B V Nagarathna
While upholding the validity of the Assam Community Professional (Registration and Competency) Act, 2015, the Supreme Court examined the scope of powers of legislature to overrule a judgment.
Case Title: Rajkumar Agrawal vs Vehicle Tata Venture | CA 4941/2022 | 19 Jan 2023
Citation: 2023 LiveLaw (SC) 62
Coram: Justices A S Bopanna and Sudhanshu Dhulia
Can an employee insured under the Employees’ State Insurance Act, 1948, claim compensation under the Motor Vehicles Act? The Supreme Court has referred this issue to larger bench. The question referred is whether the insurance amount paid under the ESI Act is a “similar benefit” as the compensation which is claimed in a motor accident claim.
Order XLI Rule 5 CPC - Mere Filing Of Appeal Would Not Operate As A Stay Of Decree : Supreme Court
Case Title: Sanjiv Kumar Singh vs State Of Bihar | Special Leave to Appeal (C) No(s). 19038/2022 | 24 January 2023
Citation: 2023 LiveLaw (SC) 63
Coram: Justices A S Bopanna and Hima Kohli
The Supreme Court observed that mere filing of the appeal would not operate as a stay under Order XLI Rule 5 of Code of Civil Procedure.
Supreme Court Disapproves Allahabad HC Dismissing Several Bail Applications On Same Day For Default
Case Title: Rahul Sharma vs State Of Uttar Pradesh
Citation: 2023 LiveLaw (SC) 64
Coram: Justices Ajay Rastogi and Bela M. Trivedi
The Supreme Court disapproved the dismissal of about 50 bail applications for default/non-prosecution in a single day by Allahabad High Court
Order XLI Rule 5 CPC - Mere Filing Of Appeal Would Not Operate As A Stay Of Decree : Supreme Court
Case Title: Sanjiv Kumar Singh vs State Of Bihar | Special Leave to Appeal (C) No(s). 19038/2022 | 24 January 2023
Citation: 2023 LiveLaw (SC) 63
Coram: Justices A S Bopanna and Hima Kohli
The Supreme Court observed that mere filing of the appeal would not operate as a stay under Order XLI Rule 5 of Code of Civil Procedure. In this case, the petitioner had approached the Patna High Court seeking a direction to the District Magistrate to grant ‘No Objection Certificate’ (NOC) for starting MS/HSD retail outlet dealership over land. The High Court dismissed the petition on the ground that as against the decree passed in favour of the petitioner, an appeal has been filed before the High Court and the same is yet to come up for hearing. Against this judgment, the petitioner approached the Apex Court.
Supreme Court Disapproves Allahabad HC Dismissing Several Bail Applications On Same Day For Default
Case Title: Rahul Sharma vs State Of Uttar Pradesh
Citation: 2023 LiveLaw (SC) 64
Coram: Justices Ajay Rastogi and Bela M. Trivedi
The Supreme Court disapproved the dismissal of about 50 bail applications for default/non-prosecution in a single day by Allahabad High Court. The bench of Justice Ajay Rastogi and Bela M. Trivedi was disposing a plea challenging the High Court's order which dismissed a anticipatory bail application for non-prosecution.
Case Title: Elumalai @Venkatesan And Anr. v. M. Kamala And Ors. And Etc. | CA 521-522 OF 2023 | 25 January 2023
Citation: 2023 LiveLaw (SC) 65
Coram: Justice K.M. Joseph and Hrishikesh RoyThe Supreme Court held that the effect of estoppel from laying a claim on property cannot be warded off by persons claiming through the person whose conduct has generated the estoppel. A Bench comprising Justices K.M. Joseph and Hrishikesh Roy observed that when a son relinquishes their right to the self-acquired property of the father; and the conduct is accompanied by receipt of a consideration the principle of estoppel will apply qua the son and his successors.
Case Title: Naim Ahamed vs State (NCT of Delhi) | CrA 257 OF 2023 | 30 Jan 2023
Citation: 2023 LiveLaw (SC) 66
Coram: Justices Ajay Rastogi and Bela M. Trivedi
The Supreme Court has disapproved of the practice of trial judges recording the deposition of a witness only in the English language form as translated by the judge, when the witness testifies in a different language. The evidence of the witness has to be recorded in the language of the court or in the language of the witness as may be practicable and then get it translated in the language of the court for forming part of the record.
Case Title: Naim Ahamed vs State (NCT of Delhi) | CrA 257 OF 2023 | 30 Jan 2023
Citation: 2023 LiveLaw (SC) 66
Coram: Justices Ajay Rastogi and Bela M. Trivedi
The Supreme Court observed that it would be a folly to treat every breach of promise to marry as a false promise and to prosecute a person for the offence of rape under Section 376 IPC.
Case Title: Usha Chakraborty & Anr. Versus State of West Bengal & Anr. SLP (Crl.) 5866 of 2022
Citation : 2023 LiveLaw (SC) 67
Coram: Justices Ajay Rastogi and CT Ravikumar
The Supreme Court has held that criminal proceedings can be quashed in exercise of powers under Section 482 CrPC when it is found that the attempt was to give a "cloak of criminal offence" to a dispute which is essentially of civil nature. The Court quashed the criminal proceedings after noting that the application filed under Section 156(3), Cr.P.C did not satisfy the essential ingredients to attract the alleged offences and that they were vague. Also, the existence of a pending civil dispute on the causative incident was not disclosed in the application.
- News Reports
The Chief Justice of India Justice Dhananjay Y Chandrachud announced the launch of the electronic Supreme Court Reports (e-SCR) project. The e-SCR Project is an initiative to provide the digital version of the Supreme Court's judgments in the manner as they are reported in the official law report - 'Supreme Court Reports'.
Supreme Court bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha stated that the court will hear the petition filed by the Uttar Pradesh government against the Allahabad High Court’s decision asking the State to conduct urban local body polls without OBC reservations on 4th January. The plea was mentioned by Solicitor General of India Tushar Mehta who sought an urgent listing of the matter.
Supreme Court bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha refused to entertain the petition filed by TMC minister Birbaha Hansda against the Calcutta High Court order barring the registration of FIRs against Nandigram BJP MLA Suvendu Adhikari without its prior permission. Hansda, a tribal leader, had filed a complaint against Adhikari under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 over his alleged remarks against her. While the Supreme Court did not intervene, it gave Hansda the liberty to move the Calcutta High Court to be heard in the pending proceedings before it.
The Supreme Court stayed an Allahabad High Court order sentencing former Bahujan Samaj Party legislator, Mukhtar Ansari to seven years’ imprisonment for threatening to kill a jailer by pointing a pistol at him in 2003. A Division Bench comprising Justices B.R. Gavai and Vikram Nath passed an order holding the High Court verdict in abeyance.
Supreme Court bench comprising Justices B.R. Gavai and Vikram Nath stayed the criminal proceedings against Congress leader and Senior Advocate Salman Khurshid for allegedly trespassing into the office of the Delhi Public School Society in Delhi.
Supreme Court Dismisses PIL Seeking Guidelines For Safe Visit Of Indians Abroad
Supreme Court bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha refused to entertain a public interest litigation seeking guidelines for safe visit of Indians abroad. The petition was filed by a man who was detained in Abu Dhabi due to mistaken identity and sought a Standard Operating Procedure (SOP) for all citizens of India visiting abroad.
Supreme Court Refuses To Entertain PIL Seeking To Curb Deceitful Religious Conversions
The Supreme Court dismissed as withdrawn the plea seeking the creation of a special task force to keep a check on deceitful religious conversions. While doing so, a Bench of Justices MR Shah and CT Ravikumar allowed the petitioner to file an impleadment application in the pending matter before the Bench against forced religious conversions.
Attorney General For India R Venkataramani informed the Supreme Court that the Centre had preliminary objections on the maintainability of the suit challenging section 5 of the Lotteries (Regulation) Act 1998. States of Meghalaya and Sikkim had approached the Supreme Court against the decision to ban their state lotteries in other states.
The Supreme Court bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha adjourned the batch of petitions challenging religious conversion laws in various states. Citizen for Peace and Justice (CJP) submitted that the petitioners were seeking interim relief with respect to the Acts in Uttarakhand and Himachal Pradesh.
Live-Streaming Through YouTube A Temporary Arrangement, Says Supreme Court
The Supreme Court said that the live-streaming of court proceedings through third-party applications like YouTube was a "temporary arrangement" until a viable mechanism for hosting the videos in an independent platform is adopted. A bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha was hearing a plea seeking directions to preserve the copyright of the Court over the video footages of Court hearings live-streamed through platforms like YouTube.
Supreme Court To Hear Petitions Seeking Recognition Of Same-Sex Marriage On 6th January
The Supreme Court stated that it would list the two petitions seeking to transfer to the Supreme Court the petitions pending in the Delhi High Court and the Kerala High Court seeking recognition of same-sex marriage in India on 6th January.
Supreme Court Refuses To Stay MP HC Order Against Declaration Before DM To Change Religion
The Supreme Court issued notice on the special leave petition filed by the State of Madhya Pradesh against the High Court restraining the government from taking coercive action against any person who contravenes Section 10 of the Madhya Pradesh Freedom of Religion Act, 2021 which requires a person desiring to convert religion to give a declaration in this regard to the District Magistrate. However, the bench of Justices M. R. Shah and C. T. Ravikumar refused to stay the impugned order.
Former IPS Officer Sanjiv Bhat Seeks Recusal Of Justice MR Shah In Case Before Supreme Court
Former IPS officer Sanjiv Bhatt has filed an application seeking the recusal of Justice MR Shah from hearing his plea seeking to defer the hearing before the Gujarat High Court against conviction till the plea to adduce additional evidence is decided.
The Supreme Court bench comprising Justices B R Gavai and Vikram Nath issued notice in a plea seeking to declare the condition mandating applicants to clear CLAT for applying to the post of Assistant Law Officer in National Thermal Power Corporation Limited (NTPC) as unlawful, illegal and ultra vires the Constitution.
The Supreme Court bench comprising Justice S.K. Kaul and Justice A.S. Oka issued notice in an application filed by former Congress Councillor, Balwan Khokhar, one of the convicts in 1984 anti-Sikh riots case, seeking suspension of his sentence.
The Supreme Court will hear on February 20, the Special Leave Petition challenging a Manipur High Court order which held that the State government has sufficient power to create new districts in "Hill areas" and "Plain revenue areas".
The Supreme Court bench comprising Justice S.K. Kaul and Justice A.S. Oka granted final opportunity to the State of Tamil Nadu to file response in a plea challenging the order of the Madras High Court, that refused to quash the Government Order of 2014, which made Tamil paper compulsory in Class 10 State Board exam for all students.
The Supreme Court refused to entertain the plea filed by Samajwadi Party Leader Azam Khan seeking to transfer his cases from the State of Uttar Pradesh. The matter was heard by a bench comprising CJI DY Chandrachud, Justice Abdul Nazeer and Justice PS Narasimha.
Haldwani Evictions : Supreme Court Likely To Hear Plea Against Uttarakhand HC Order On 5th January
The Supreme Court of India is likely to hear the batch of petitions challenging the Uttarakhand High Court order based on which demolitions in Haldwani were carried out on 5th January. The matter was mentioned before a bench comprising Chief Justice DY Chandrachud, Justice Abdul Nazeer and Justice PS Narasimha by Advocate Prashant Bhushan.
The petition challenging the Uttarakhand High Court order based on which demolitions in Haldwani were carried out highlights that the petitioners are poor people who have been lawful residents of Mohalla Nai Basti, Haldwani district for more than 70 years. As per the petitioner, the names of local residents are entered in the municipal records of house tax register and that they have been paying house tax regularly for years.
Supreme Court judge, Justice Bela M. Trivedi recused from hearing the Public Interest Litigations challenging the order of Gujarat Government allowing premature release of 11 convicts sentenced to life in the Bilkis Bano case for gangrape & murder during 2002 Gujarat Riots. The recusal is seemingly on the basis that Justice Trivedi was deputed as the Law Secretary of the Gujarat Government during 2004-2006.
When Justice S. Abdul Nazeer, as the only Muslim judge on the Constitution Bench deciding the controversial Ayodhya land dispute and in the Supreme Court itself, agreed to pronounce a unanimous verdict, not only did he defy expectations, but he also demonstrated his commitment to secularism and his willingness to serve the judicial institution as a ‘true Indian’, Senior Advocate and the president of the Supreme Court Bar Association, Vikas Singh said.
Pay Junior Lawyers Decently, Let Them Brief and Argue: Justice Abdul Nazeer In Farewell Speech
On his final day as a judge of the Supreme Court, Justice S. Abdul Nazeer echoed a sentiment that has been expressed by other members of the judicial fraternity in the past with respect to remunerating junior members of the bar fairly and allowing them to brief and argue in matters.
'Heroin, Other Drugs Destroying The Country, Ruining The Youth': Supreme Court
Supreme Court rejected the anticipatory bail application of a man who had 24 grams of Heroin and Brown sugar in possession with him. "This Heroin and all is destroying the country. We cannot be a party to this", Division Bench of Justices MR Shah and CT Ravikumar remarked, when the matter came up for hearing.
In A Court, Balance Is Sometimes Between Unjust And More Unjust: CJI DY Chandrachud
CJI DY Chandrachud remarked that balance in court was not always between just and unjust but sometimes it was between two unjust things. He stated that in such cases, the court had to determine what was more unjust. The remark was made in a dispute concerning appointments and promotion of Assistant Section Officers.
"In my experience, whenever there is a financial scam and the CBI or the ED come into the picture, there is a delay. It takes years together. You tell us in how many financial scam cases it has come to a logical end?", demanded the Supreme Court.
CJI DY Chandrachud Recuses Himself From Hearing Contempt Proceedings Against Kunal Kamra
CJI DY Chandrachud recused himself from hearing contempt petition filed against comedian Kunal Kamra for his tweets about Supreme Court stating that the comments were made on an order he had passed.
Supreme Court Asks KSRTC To Submit A New Scheme Regarding Advertisements
The Supreme Court bench comprising Justices Surya Kant and JK Maheshwari asked the Kerala State Road Transport Corporation to formulate a scheme to continue with advertisements on buses in a manner which will not cause distraction or violate rules.
The Supreme Court Bench of Justices MR Shah and CT Ravikumar reserved its judgement in a plea moved by the Central Bureau of Investigation seeking the cancellation of default bail granted to Erra Gangi Reddy in connection with the YS Vivekananda Reddy murder case.
Jamiat Ulama-I-Hind Moves Supreme Court Challenging Anti-Conversion Laws Of 5 States
Jamiat Ulama-i-Hind has filed a Public Interest Litigation challenging the constitutional validity of conversion laws across the country. As per the petition the Acts in question invade a person's privacy by forcing them to disclose their faith. Further, the Acts entitle the family members to lodge an FIR and "virtually give them a fresh tool for harassing the convert"
Supreme Court bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha directed the Director General (Prisons) of the State of Uttar Pradesh to file a personal affidavit showing steps taken in pursuance of the judgement in Rashidul Jafar v. State of UP, in which a slew of directions were issued regarding remission of prisoners.
Pending Collegium Recommendations Will Be Cleared Soon : Centre Assures Supreme Court
Signalling a dial down on the confrontation with the Supreme Court over judges appointments, the Central Government assured the Court that the timelines on judicial appointments will be followed and the pending collegium recommendations will be cleared soon.
The Supreme Court transferred to itself the batch of petitions seeking recognition of same-sex marriage in India. The matter was listed before a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala. The bench also provided liberty to petitioners to appear on virtual platform and advance their submissions in case they are unable to engage a counsel or travel to Delhi. The batch of petitions is now listed for 13th March 2023.
Supreme Court bench comprising Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala issued notice on the petition moved by a homosexual couple, challenging the provisions of public notice and objection to marriage contemplated under the Special Marriage Act and the Foreign Marriage Act.
Supreme Court Criticises Centre For Sitting Over Collegium Proposals For Judges' Transfer
Flagging the issue of ten recommendations made by the Collegium regarding transfer of High Court judges remaining pending with the Central Government, the Supreme Court said that such delays by the government gives rise to an impression that there is 'third party interference' on behalf of these judges with the government.
While hearing the matter relating to judges' appointments, the Supreme Court orally told the Central Government that elevation of lawyers should not be objected to merely on the basis of views expressed by them or cases conducted by them.
The Supreme Court disclosed that the Central Government has sent some names to the collegium for consideration for judges appointments, although such names were not earlier cleared by the collegium.
Formulate Scheme For Regulation Of NGO Funds: Supreme Court Tells Union Of India
Supreme Court bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala asked the Union of India to formulate a comprehensive legislative or administrative scheme regarding the regulation of funds which come to NGOs. The direction was passed in a PIL filed by Advocate ML Sharma who submitted that Anna Hazare had withdrawn a lot of money from the government to use for himself.
The Harvard Law School Center on the Legal Profession (HLS CLP) has announced Chief Justice of India Dr. DY Chandrachud as the 2022 recipient of its “Award for Global Leadership” in recognition of his lifetime of service to the legal profession in India and around the world.
Can We Direct Parliament To Enact Laws? Supreme Court Asks In Pleas For Uniform Marriage Laws
Supreme Court bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala while hearing petitions concerning uniform laws for marriage framed the preliminary issue in the matter to be whether the court was permitted to direct the Parliament to make laws.
The Supreme Court of India issued notice to the states of Uttar Pradesh, Madhya Pradesh, Delhi, and Bihar on a petition filed by the Social Action Forum (SAF) seeking all States to follow NALSA's Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes, 2018. The matter was heard by a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala.
The Supreme Court heard a plea regarding road safety through electronic monitoring. A bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala asked for a meeting to be convened by Justice AM Sapre, chairperson of Supreme Court Committee on Road Safety to set out an agreed formulation of modalities for implementing the provisions of Section 136A of the MV Act.
The Supreme Court asked the Supreme Court Registry to file a report detailing how Adani Power Rajasthan Ltd's Miscellaneous Application seeking modification in a 2020 judgment, was listed before the Court.
Do Metro Rail Projects Need Environmental Clearance? Supreme Court Leaves Question Of Law Open
The Supreme Court recently disposed of the appeals filed by the Delhi Metro Rail Corporation and Dedicated Freight Corridor Corporation of India Ltd challenging the orders passed by the National Green Tribunal in 2016 mandating environmental clearance for metro rail projects. While admitting the appeals in 2016, the Supreme Court had stayed the operation of the NGT directions. Following that, the metro rail project in Delhi and Noida were completed. When the appeals came for hearing on January 4, a bench comprising Justice MR Shah and Justice CT Ravikumar observed that the issue was no longer required to be adjudicated in view of the completion of the project.
In a scathing criticism, former Supreme Court judge Justice V Gopala Gowda said that the "track record of the Supreme Court in the last 8 years is disappointing". He highlighted that the Supreme Court has refused to hear important matters relating to Article 370 and electoral bonds.
The Supreme Court concluded a Hackathon for identifying innovative ideas and exploring practical propositions for refining and bringing in efficiency to the existing processes from filing to listing of judicial matters.
Senior Advocate Indira Jaising, while referring to the Central Government said that the "ruling dispensation no more pretends to defend liberal democracy and instead tries to convince us that the freedom struggle never happened and is rather happening now." Jaising was speaking at the 'Save the Constitution, Save the Country' convention organised by the All India Lawyers Union in Delhi.
Senior Advocate Raju Ramachandran said that, "Judges of the Supreme Court and the superior judiciary most be extra strong in resisting executive interference and in ruling against executive excesses. That is where the judiciary has had a very mixed record. One can pray for the sake of democracy and constitution that both judiciary and the media rise to the occasion."
PIL On Joshimath Sinking Mentioned In Supreme Court
Religious leader Swami Avimukteshwaranand Saraswati has approached the Supreme Court of India through a Public Interest Litigation pertaining to the recent land sinking incidents in Joshimath. The PIL seeks for Joshimath to be declared as a National Disaster and direct the NDMA to actively support the residents of Joshimath.
The Supreme Court bench comprising Justices Sanjiv Khanna and M M Sundresh has observed that the petition filed by CPI(M) leader Brinda Karat, seeking registration of FIR against BJP leaders Anurag Thakur & Parvesh Verma for alleged hate speeches in 2020, be listed before the bench headed by Justice K M Joseph before whom similar matters are pending.
Supreme Court Issues Notice On Andhra Pradesh Govt Plea Seeking Division Of Assets With Telangana
Supreme Court bench comprising Justices Sanjiv Khanna and M M Sundresh issued notices in a writ petition filed by the State of Andhra Pradesh for division of assets and liabilities with the State of Telangana under the Andhra Pradesh Reorganization Act, 2014. The petition filed by the government of Andhra Pradesh seeks a "fair, equitable and expeditious" division of assets and liabilities of the erstwhile State of Andhra Pradesh between the States of Andhra Pradesh and Telangana, in terms of the Apportionment made under the Andhra Pradesh Reorganisation Act, 2014.
The Supreme Court reserved orders on whether to issue notice on a PIL which seeks a direction that police and investigating agencies like CBI, ED etc., should upload the chargesheet filed in cases in a public platform for easy access by the general public.
Supreme Court bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha asked the Central Government to comply with its earlier order to disburse the arrears to eligible pensioners of the armed forces by 15th March 2023.
Advocate, Ms. Nithya Ramakrishnan, appearing on behalf of human rights activist Gautam Navalakha, accused in the Bhima Koregaon case, who is presently in house arrest, sought the permission of the Supreme Court to receive a call from his daughter living in Spain.
While hearing a petition moved by a woman in 2014 seeking transfer of a defamation suit filed by a former judge of the Supreme Court from Delhi High Court, the Supreme Court, raised a query whether it is necessary to go on with the defamation suit. The former judge had filed the defamation suit against the woman in the Delhi High Court after she alleged that she was sexually harassed by him while she was a law intern.
The Supreme Court refused to entertain a petition filed by the State of West Bengal questioning the maintainability of Public Interest Litigation before the Calcutta High Court, alleging irregularities, illegalities and corruption in the recruitment of Assistant Teacher in Primary Schools of the State on the basis of Teacher Eligibility Test (TET), 2014.
"Very Serious Matter" : Supreme Court Asks Attorney General To Assist In Religious Conversions Case
The Supreme Court asked the Attorney General for India, R Venkataramani to assist the court in the plea seeking to curb forceful and deceitful religious conversions. A Bench of Justices MR Shah and CT Ravikumar also changed the case title of the PIL filed by BJP leader Ashwini Upadhyay as "In Re : Issue of religious conversion", while adjourning the matter to February 7.
Challenge To Places Of Worship Act : Supreme Court Gives Further Extension To Centre
The Supreme Court further extended the time for the Union Government to file its counter-affidavit in a batch of petitions challenging the Places of Worship (Special Provisions) Act 1991, which prohibits the conversion of a religious structure from its nature as it stood on the date of independence.
Supreme Court bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha asked states to submit suggestions to the Union Ministry of Housing and Urban Affairs on the model builder-buyer agreement with the mandatory provisions of the Real Estate (Regulation and Development) Act 2016 (RERA Act).
The State of Kerala has approached the Supreme Court with an application seeking relaxation of the order of the Apex Court dated 03.06.2022, mandating a minimum 1 Km Eco Sensitive Zone around all protected forests in the country.
Bihar Hooch Tragedy : Supreme Court Refuses To Entertain Petition Seeking SIT Probe
Supreme Court bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha refused to entertain a PIL seeking the formation of a Special Investigation Team to probe into the Hooch tragedy in Bihar. The petitioner Aryavarta Mahasabha Foundation, an NGO, had also sought for a national plan to curb the manufacturing and sale of illicit liquor and a direction of payment of compensation to the families of victims.
The Supreme Court refused to entertain applications by occupants of the encroachments within the Kalkaji Temple premises seeking stay of eviction notices issued to them by the Administrator appointed as per the directions of the Delhi High Court.
The Supreme Court issued notice on a petition challenging certain provisions of the Assisted Reproductive Technique (Regulation) Act, 2021 and the Assisted Reproductive Technique (Regulation) Rules, 2022, and directed it to be tagged with another pending plea on a similar issue.
Kaleshwaram Lift Irrigation Project : Supreme Court Clarifies Status Quo Order
The Supreme Court issued some clarifications with respect to its order dated 27th July, 2022 directing status quo on the Kaleshwaram Lift Irrigation Project (KLIP), including the land acquisition process.
Supreme Court Issues Notice In Another Plea Challenging Marital Rape Exception
Supreme Court bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha issued notice in another petition challenging the validity of the marital rape exception. Earlier, the Supreme Court had listed the matters concerning the validity of the marital rape exception in the second week on January 2023.
Supreme Court Bench Led By CJI To Hear Mentioning Matters Before Constitution Bench Assembles
As per a notice issued yesterday, the Constitution bench led by Chief Justice of India DY Chandrachud will assemble after CJI Chandrachud and Justice PS Narasimha's division bench has heard mentioning matters. This is contrary to usual practice as per which when the CJI sits in a Constitution bench, mentionings are made before the next senior judge.
A presentation given by the Union Government to the Parliamentary Standing Committee on Law and Justice gives an indication of the social diversity in the judiciary. According to the presentation, 79% of the High Court judges appointed during the period 2018-2022 are from upper castes(general category).
The Supreme Court of India listed religious leader Swami Avimukteshwaranand Saraswati's PIL pertaining to the recent land sinking incidents in Joshimath on 16th January 2023.
“Don't tell me practice, I'll decide what practice happens in my court,” CJI DY Chandrachud orally remarked, irked by the submissions of Senior Advocate Vikas Singh seeking listing of a case.
Shiv Sena Rift | Supreme Court Constitution Bench Lists Matter On 14th February 2023
A constitution bench of the Supreme Court has listed the pleas concerning the constitutional issues arising out of the rift within Shiv Sena party between Eknath Shinde and Uddhav Thackeray groups on 14th February 2023. The matter was listed before a bench comprising Chief Justice of India D.Y. Chandrachud, Justices M.R. Shah, Krishna Murari, Hima Kohli and P.S. Narasimha.
Supreme Court Judge Justice BR Gavai Apologises For 2 Months Delay In Pronouncing Judgement
“Apologies for the delay in delivering the judgement,” said Supreme Court judge, Justice B.R. Gavai, setting an example to be followed by the judiciary. A Bench of Justices B.R. Gavai and M.M. Sundresh was pronouncing the judgment in a plea against the rampant practice of the conversion of single residential units into apartments in the city of Chandigarh.
The Supreme Court of India took serious exception to young lawyers coming to Court without sufficiently preparing for cases. The bench was prompted to make these observations after it noted that an advocate came under-prepared for a case.
While arguing an appeal before the division bench of the Telangana High Court against an order of the Single Judge handing over the probe in the BRS MLAs poaching case to the CBI, Senior Advocate Dushyant Dave said, “All Constitutional institutions are gone. Judiciary is loved the most these days.”
PIL Seeking Menstrual Leave Filed Before Supreme Court
A Public Interest Litigation (PIL) seeking menstrual leave for female students and working women across India has been filed in the Supreme Court of India. The petition has been filed by Advocate Shailendra Mani Tripathi.
DGP Appointment : Is Concurrence Of Officer On Central Deputation Necessary? Supreme Court Asks MHA
The Supreme Court bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha sought the response of the Central government on whether concurrence of an IPS officer, who is on Central government deputation, is necessary before his appointment as Director General of Police (DGP) in a State. The direction was passed in a plea concerning the appointment of DGP in the State of Nagaland.
A Constitution Bench of the Supreme Court framed the preliminary issue in the matter concerning the constitutional validity of Section 6A of the Citizenship Act inserted by way of an amendment in 1985 in furtherance of the Assam Accord. The bench noted that the issue - "Whether Section 6A of the Citizenship Act suffers from any constitutional infirmity?" covered all other issues that arose in the matter.
The Supreme Court has asked the Health Secretary, Delhi Government to consider and decide the requisition moved by the Supreme Court Registry seeking additional health facilities in the Supreme Court premises.
A Constitution Bench of the Supreme Court, commenced with the hearing of Centre’s curative petition filed in 2010 seeking additional compensation for Bhopal gas tragedy victims from US-based corporation, Union Carbide (now owned by Dow Chemicals). During the course of the hearing the Court raised queries regarding the scope of the curative petition that was filed almost 19 years after the judgment was pronounced in the matter.
The Supreme Court commenced hearing on the dispute between the Delhi government and the union government regarding control of administrative services in the National Capital Territory of Delhi. The five-judge bench of Chief Justices D. Y. Chandrachud, M. R. Shah, Krishna Murari, Hima Kohli and P. S. Narasimha heard Senior Advocate Dr. Abhishek Manu Singhvi, for the government of NCT of Delhi. Last year, a 3-judge bench had referred the matter to the Constitution Bench.
The Supreme Court has listed on January 16 tech-giant Google's plea challenging the order of National Company Law Appellate Tribunal(NCLAT) which declined to stay the Competition Commission of India’s (CCI) decision to impose Rs 1,338 crore penalty on it for unfair and anti-competitive practices in relation to Android phones.
On January 5, the Bengaluru Police issued a notice to founder and editor of news portal, The File, G.Mahantesh, in connection with a case pertaining to an e-office file noting of the Karnataka Education Department which the portal published.
5 Years Needed To Complete Lakhimpur Kheri Case Trial, Sessions Court Informs Supreme Court
The trial court in Uttar Pradesh handling the Lakhimpur Kheri case relating to the killing of farmers in October 2021 reported to the Supreme Court that it will take at least 5 years to complete the trial.
During the hearing of the dispute between the Delhi Government and the Centre over the control of civil services, Chief Justice of India DY Chandrachud explained why he chose to use the expression "founding fathers and mothers of the Constitution" in the 2018 Constitution Bench judgment in Govt of NCT of Delhi v Union of India.
The Supreme Court bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha dismissed the central government's appeal which had sought to cease arbitration proceedings initiated by Reliance industries, BP Exploration, and Niko Resources against the Ministry of Petroleum and Natural Gas. The arbitration proceedings were initiated over a $400-million cost recovery dispute involving natural gas exploration in the KG-D6 block.
Supreme Court To Hear Plea Challenging Bihar Caste Census On January 20
A Public Interest Litigation (PIL) petition has been filed in the Supreme Court challenging caste-based census in Bihar. Chief Justice of India DY Chandrachud agreed to list the petition in the coming week after the matter was mentioned before him for urgent posting.
"Public posturing from judicial platforms is not good", said Vice President Jagdeep Dhankhar in a fresh criticism against the judiciary, ignoring the disapproval expressed by the Supreme Court of his earlier public comments on the collegium system.
While arguing the plea seeking directions to the Jal Shakti Ministry to notify the final award passed by the Krishna Water Dispute Tribunal, Senior Advocate Shekhar Naphade, appearing for the State of Maharashtra, submitted before the Supreme Court that lack of bona fide was writ large in the stand taken by State of Andhra Pradesh before the top Court.
'Avoid Tendency To Glorify Over-Work; Mental Health Important For Lawyers' : CJI DY Chandrachud
The stressful and competitive nature of legal profession is a factor for mental health issues among lawyers, said Chief Justice of India DY Chandrachud.
“Even the Kerala High Court is within one kilometre of the Mangalavanam bird sanctuary,” Senior Advocate Jaideep Gupta informed the Supreme Court, while seeking a relaxation of the directive to declare one kilometre around protected forests as ecologically sensitive zones (ESZ) on behalf of the state government.
During the course of the hearing, the Court noted that in one of its judgments in the proceedings, in 1991, it had directed the Union Government to take out insurance policies for at least 1 lakh people, so that it can take care of the future claims. However, it appears that the same had not been implemented by the Centre.
On 11th January 2023, the Harvard Law School Center on the Legal Profession presented Chief Justice DY Chandrachud with the Award for Global Leadership in recognition of his lifetime of service to the legal profession in India and around the world. The program included a conversation between Chief Justice Chandrachud and Professor David B. Wilkins who is the faculty director of the Center on the Legal Profession at Harvard Law School.
The Supreme Court resumed hearing on the dispute between the Delhi government and the union government regarding control of administrative services in the National Capital Territory of Delhi.
While speaking with Professor Vikramaditya Khanna, a professor of law at the University of Michigan Law School, Chief Justice of India DY Chandrachud said that the rights recognized by the Courts in judgment, such as abortion rights, remain unattainable for many marginalized groups.
Advocate Shadan Farasat commenced his arguments by posing a question to the bench. He asked– what is the interest of central government in controlling the services of a Union Territory of Delhi? While stating that there was none.
Lack Of Substance Marks The Ongoing Tussle Between The Executive And The Judiciary
The ongoing turf battle between the Union Government and the Supreme Court’s Collegium is getting curiouser and curiouser. What initially appeared to be a contest for primacy over judicial appointments is now turning out to be an open display of discord between the Constitutional functionaries.
AIADMK Leadership Rift : Supreme Court Reserves Judgement In O Paneerselvam's Plea
The Supreme Court of India reserved its judgment in a batch of pleas relating to the political tussle between the two factions of AIADMK - Edappadi Palaniswami (EPS)and AIADMK leader and former Tamil Nadu Chief Minister O. Panneerselvam (OPS) for leadership.
Rajya Sabha MP Dr.Subramanian Swamy urged the Supreme Court to summon the Union Cabinet Secretary as the Union Government has not filed its counter-affidavit in his petition seeking national heritage status for Ram Setu. However, a bench led by Chief Justice of India DY Chandrachud turned down his request and gave Centre time till the first week of February 2023 to file its affidavit.
The Supreme Court deferred the sentencing of Suraz India Trust Chairman Rajiv Daiya, who has been found guilty of contempt of court for scandalising the Court and wasting its judicial time by filing repeated petitions with contemptuous allegations against judges and court staff.
The Supreme Court revealed that the states of Madhya Pradesh, Goa, Nagaland, Tamil Nadu, and Telengana, and the union territories of Lakshadweep and Puducherry have failed to submit data with respect to the number of proclaimed offenders and the number of persons who have jumped bail or parole, as directed in an earlier order.
The Election Commission of India reassured the Supreme Court that it had, time and again, adopted various measures to curb the menace of ‘money power’ in elections, such as the election expenditure monitoring mechanism in place since the 2010 Bihar Assembly elections, and “will continue to do so”.
Chief Justice DY Chandrachud, while hearing mentionings, stated that it was not necessary for members of the bar to mention a matter unless it was urgent. He stated that matters would automatically come up and that the registry had no discretion over the same.
While arguing against the Interim Application filed by the States of Karnataka and Maharashtra seeking directions to the Jal Shakti Ministry to notify the final award passed by the Krishna Water Dispute Tribunal, Senior Advocate CS Vaidyanathan, appearing for the State of Telangana, submitted before the Supreme Court that there was material suppression of facts by both the states in their Interim Application and that they have come before the court with unclean hands.
A Constitution Bench of the Supreme Court reserved judgment in Centre’s curative petition against the Union Carbide Corporation seeking additional compensation for victims of the Bhopal Gas Tragedy.
The Supreme Court resumed hearing on the dispute between the Delhi government and the union government regarding control of administrative services in the National Capital Territory of Delhi.
Identification Of Minorities : Centre Files Report In Supreme Court With Views Of States
The Central Government has submitted its Status Report, in a batch of petitions seeking district-wise identification of minorities, before the Supreme Court of India after consultations with the State Governments and other stakeholders on the issue of 'identification and notification of religious and linguistic minorities' based on the top court's earlier order.
Supreme Court judge, Justice Dipankar Datta recused himself from hearing the bail applications of Bhima Koregaon case accused Vernon Gonsalves and Arun Ferreira. The petitions filed against the Bombay High Court's refusal to grant them bail were listed before a Division Bench of Justices Ravindra Bhat and Dipankar Datta. As soon as the matter was taken, Justice Datta announced that he was recusing.
When Accused Says Who Should Investigate Case, It Raises Serious Question: Supreme Court
It raises questions when the accused tells who should investigate the case, the Supreme Court of India commented. A Bench of Justices Dinesh Maheshwari and Hrishikesh Roy orally observed, "when there's a single word itself from the accused as to who is to investigate the case, that raises a serious question".
The Supreme Court questioned the Delhi Police regarding its progress in the investigation in hate speech case over the Hindu Yuva Vahini event organised under the leadership of Sudarshan News TV editor Suresh Chavhanke in Delhi in December 2021.
Don't Treat P&H HC Judgment Allowing Minor Muslim Girl To Marry As Precedent, Says Supreme Court
The Supreme Court stated that the judgment of the Punjab and Haryana High Court in the case Javed v. State of Haryana and Others, which held that a Muslim girl aged 15 years can enter into a legal and valid marriage as per personal law, should not be relied upon as a precedent in any other case.
The Supreme Court granted bail to Dr.Anand Rai, the whistleblower in the Vyapam scam, who was arrested in a case over alleged violence during a dharna.
While hearing a batch of petitions filed in relation to hate speech incidents, the Supreme Court expressed several concerns about the manner in which TV channels are functioning.
Supreme Court bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha denied BJP leader and Advocate Ashwini Upadhyay's prayer to make the 22nd Law Commission of India a statutory body on the ground that such a direction lied within the exclusive domain of the legislature.
Planning Criminal Law Amendments To Deal With Hate Speech : Centre Tells Supreme Court
The Supreme Court was informed that the Centre has plans to bring in a comprehensive legislative amendments to the criminal laws to deal with the issue of hate speech.
Uniform Marriage Age For Men & Women | Supreme Court Transfers Plea To Itself From Delhi High Court
The Supreme Court of India transferred petitions pending before the Delhi High Court seeking uniform age of marriage for both men and women to itself. The matter was heard by a bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha.
Health And Wellness Centre Inaugurated In Supreme Court
A “Health and Wellness Centre” for the staff was inaugurated in the Additional Building Complex, Supreme Court of India.
Live Streaming | Keen On Having A Uniform Platform For All Courts : CJI DY Chandrachud
Chief Justice of India DY Chandrachud said that the efforts are being made for a uniform platform for live-streaming of Courts. At present, the live-streaming of proceedings of Constitution Bench hearings in the Supreme Court and also various High Courts are done through the respective YouTube channels of these Courts.
Supreme Court Constitutes 'Case Categorisation Advisory Committee' Headed By Justice PS Narasimha
The Supreme Court has constituted a committee called the "Case Categorisation Advisory Committee" for re-visiting the existing framework related to the categorisation of judicial matters according to the subject categories. The committee is headed by Justice PS Narasimha.
Justice Nagarathna Disagrees With Justice MR Shah In Two Civil Appeals
On January 13, Supreme Court judge Justice Nagarathna delivered two judgments expressing disagreement with the views expressed by her senior colleague Justice MR Shah in two cases.
On 31st December, 2021, Government Girls PU College, Udupi imposed a sudden restriction on the hijab inside classrooms. The college enforced this restriction in the absence of any rule, resolution or guideline. The college uniform was a blue coloured chudidhar with dupatta, and they prohibited students from using the dupatta as a headscarf. Six students protested the move by sitting outside the classroom for 3 days and demanded that they be allowed to wear the hijab and attend classes.
Kali Poster Row : Filmmaker Leena Manimekalai Moves Supreme Court Seeking To Quash Multiple FIRs
Filmmaker Leena Manimekalai has filed a writ petition in the Supreme Court challenging the multiple FIRs registered against her in various states over the poster of her documentary titled "Kaali".
A change of bench has taken place in the PIL filed in the Supreme Court alleging that mass religious conversions were taking place in India through forceful and fraudulent means.
The Supreme Court asked an Islamic scholar and maulvi, accused of forcefully converting 37 Hindu families and 100 Hindus, to appear before the investigation agency for interrogation.
Supreme Court Asks UP Police To Produce Records Of Case Relating To Alleged Hate Crime Against Man
The Supreme Court of India heard the batch of pleas which sought to curb hate speech in the country. The hearing which almost ran into two hours was before a Division Bench Justices KM Joseph and BV Nagarathna.
A septuagenarian mother’s quest for justice for her son’s death 20 years ago has brought her before the Bombay High Court once again in a petition seeking to add names of four police officers as accused.
The issue arising out of the rift within Shiv Sena party between Eknath Shinde and Uddhav Thackeray over the Party name “Shiv Sena” and the symbol “Bow and Arrow” was heard by the Election Commission of India under Paragraph 15 of the Election Symbols (Reservation and Allotment) Order, 1968 on 10th January 2023.
Supreme Court bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha issued strict directions to the Director General of Prisons of Uttar Pradesh to take all necessary steps to ensure that applications for premature release or remission are duly considered.
Will Google follow the same approach taken by it in European Union, as regards pre-installed apps in Android-based in mobile phones, in India? The Supreme Court asked Google India this question while considering the tech-giant's plea challenging the order of National Company Law Appellate Tribunal(NCLAT) which declined to stay the Competition Commission of India’s (CCI) decision to impose Rs 1,338 crore penalty on it for unfair and anti-competitive practices in relation to Android phones.
Live-Streaming | Supreme Court Agrees To Consider Suggestions Made By Senior Advocate Indira Jaising
Supreme Court bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala stated that the Supreme Court would take into consideration the suggestions submitted by Senior Advocate Indira Jaising for live streaming of court proceedings.
The Supreme Court granted four (4) weeks’ time to the Union Government to file its counter affidavit in a plea filed by lawyer Meera Kaura Patel, contending that the age restriction of 35 years under Section 4(3)(i) of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 for conducting pre-conception and pre-natal diagnostic test is a restriction on the reproductive rights of women.
The Supreme Court commented critically on the conduct of BJP leader Ashwini Upadhyay in filing different petitions before different benches of Supreme Court and the Delhi High Court on the same subject of religious conversions.
The Supreme Court dismissed an SLP filed by BJP Leader Syed Shahnawaz Hussain in connection with an alleged 2018 rape case. Hussain had approached the top court challenging an order of the Delhi High Court directing registration of FIR against him.
Joshimath Crisis | Supreme Court Refuses To Intervene, Allows Petitioner To Approach High Court
The Supreme Court of India refused to entertain the petition pertaining to the recent land sinking incidents in Joshimath on the ground that the Uttarakhand High Court was already seized of the matter.
Supreme Court Dismisses PIL Seeking To Bring UP CM Under Purview Of UP Lokayukta Act
Supreme Court of India refused to entertain a petition seeking to bring the office of Chief Minister in the purview of Lokayukta Act of the State of Uttar Pradesh. The matter was listed before a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala.
Buffer Zone : Supreme Court Refers Pleas To Modify 1 KM ESZ Mandate To 3-Judge Bench
The Supreme Court directed the batch of pleas seeking a relaxation of the directive to declare one kilometre around protected forests as ecologically sensitive zones (ESZ) to be listed before a combination of three Judges.
Supreme Court Refuses To Pass Order Allotting Father's Chambers To Daughter Pursuing Law
The Supreme Court of India asked the daughter of a deceased Advocate seeking allotment of her father's chambers (Supreme Court) to write to Lawyers' Chambers Allotment Committee of the Court.
Bhima Koregaon Case Accused Cite Anand Teltumbde Order To Seek Bail; Supreme Court To Hear On Jan 30
“We are in 2023 now and still, charges have not yet been filed,” Senior Advocate Rebecca John told the Supreme Court while appearing for activist and Bhima Koregaon accused Vernon Gonsalves, who has been lodged in jail since August 2018 for charges under the Unlawful Activities (Prevention) Act, 1967.
Voters Given Prior Notice Before Deleting Their Names From Electoral Roll : ECI Tells Supreme Court
In a plea seeking a common electoral roll for parliamentary, assembly and local body polls, the Election Commission of India has recently filed its counter affidavit.
Delhi Govt vs Centre : How The Interpretation Of "In So Far As" In Article 239AA Might Be Crucial
The case concerning the dispute between the Delhi Government and the Union Government regarding control of administrative services in the National Capital Territory of Delhi is being heard in the Supreme Court of India before a Constitution Bench. The five-judge bench hearing the matter comprises Chief Justice DY Chandrachud and Justices M. R. Shah, Krishna Murari, Hima Kohli, and P. S. Narasimha.
Before Supreme Court, Centre Objects To Delhi CM's Protests Against LG Amidst Hearing
The Central Government raised objections before the Supreme Court to the Delhi Chief Minister Arvind Kejriwal holding public protests against the Lieutenant Governor in the middle of the hearing in the dispute related to control of civil services in the Government of National Capital Territory of Delhi.
Amidst confusion created by reports that the Centre has written to the CJI asking for its representatives to be placed in the collegium for selecting judges, Union Law Minister Kiren Rijiju has made a clarification.
The Supreme Court of India sought the stand of the Centre and the National Medical Commission on a plea against a circular retrospectively requiring foreign medical graduates without clinical training to undergo a Compulsory Rotatory Medical Internship (CRMI) for two years instead of one.
Plea Challenging National-Level Identification Of Minorities : Supreme Court Adjourns To March 21
The Supreme Court of India, while adjourning the batch of petitions challenging nation-wise identification of minorities to 21st of March, ordered that if the 6 remaining states/UTs, who have not responded to the Centre’s letter seeking comments on the issue of 'identification and notification of religious and linguistic minorities’, do not respond before the next hearing, then the court would presume that they have nothing to say in the matter.
The Attorney General for India Senior Advocate R Venkataramani, while appearing for Centre in a batch of petitions seeking district-wise identification of minorities before the Supreme Court of India informed the bench of Justices Sanjay Kishan Kaul, Abhay S. Oka and JB Pardiwala that he was part of a committee headed by Prof. N.R. Madhava Menon for the Equal Opportunities Commission as an Expert Member.
The Supreme Court has listed the plea filed by journalist Rana Ayyub challenging the summons issued to her by the Ghaziabad court on 23rd January. The matter was mentioned before a bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha by Senior Advocate Vrinda Grover for an early listing.
“We don’t believe in unnecessarily putting people behind bars. Bail matters should not go on and on and should not be dealt with in this manner", the Supreme Court orally remarked while hearing applications filed in relation to bail granted in Delhi riots larger conspiracy case.
The bike taxi aggregator Rapido, has approached the Supreme Court of India against the Bombay High Court order which had directed it to shut down all its services in the State of Maharashtra as it was functioning without any license.
6 Days after the Supreme Court decided to hear a plea challenging the caste-based census in Bihar on January 20, another plea in the nature of Public Interest Litigation (PIL) has been moved before it challenging the Nitish Kumar-led government decision to conduct a caste-based census in the state.
The Supreme Court dismissed two special leave petitions filed by fugitive businessman Vijay Mallya, after his lawyer informed the bench that he has received no instructions from the client despite several attempts.
The Supreme Court resumed hearing on the dispute between the Delhi government and the union government regarding control of administrative services in the National Capital Territory of Delhi
A Constitution Bench of the Supreme Court commenced with the hearing of the Miscellaneous Application seeking modification of the guidelines for Living Will/Advance Medical Directive that was issued by way of its judgment recognizing 'passive euthanasia' in Common Cause v. Union of India And Anr.
Arbitration Agreements Liable To Stamp Duty : Amicus Curiae Tells Supreme Court Constitution Bench
A Constitution Bench of the Supreme Court commenced with the hearing of reference, which pertains to the issue - whether the arbitration clause in a contract, which is required to be registered and stamped, but is not registered and stamped, is valid and enforceable.
The Kerala High Court's observation that Bishops have no power to alienate the assets of church is against an earlier judgment of the High Court itself which held that church assets are not public trusts, submitted a Catholic diocese before the Supreme Court.
Supreme Court Allows NGT Judicial Member To Continue Beyond Term Till Appointment Of New Member
Supreme Court of India directed that the National Green Tribunal to allow Justice Sheo Kumar Singh to hold office as a member of the tribunal until the process of selection of the Judicial Members was completed and the new Judicial Members took charge.
The Supreme Court directed a batch of applications seeking, inter alia, an enhancement of the number of seats reserved for promotion to higher judicial services through a limited departmental competitive examination (LDCE), and the reduction in the requirement of 10 years minimum qualifying service to seven years for successful LDCE candidates.
The Central Government has filed a counter-affidavit in the Supreme Court justifying the ban imposed on Students Islamic Movement of India(SIMI). Extensively referring to the Constitution of SIMI, which speaks of objectives like "establishment of Islamic system in my country", the Centre said that such a Constitution "must be seen as in direct conflict with the democratic sovereign setup of India and should not be allowed to be perpetuated in our secular society".
The Supreme Court expressed surprise at the plea made by the Central Government to refer the 2018 judgment in the GNCTD vs Union of India case to a larger bench, at the fag end of the hearing in the dispute relating to control of civil services in the Delhi Government.
The Supreme Court agreed to hear the petition filed by State of Andhra Pradesh challenging the High Court order staying the Govt Order which restricted public meetings on roadsides.
Supreme Court judge Justice Dinesh Maheshwari expressed displeasure at the conduct of Senior Advocate Vikas Singh, the President of the Supreme Court Bar Association, in raising an "unnecessary" objection about the order of hearing of cases in the court.
Google v CCI | Supreme Court Agrees To Hear Stay Application On Merits
The Supreme Court resumed hearing the tech-giant Google's plea challenging the order of National Company Law Appellate Tribunal (NCLAT) which declined to stay the Competition Commission of India’s (CCI) decision to impose Rs 1,338 crore penalty on it for unfair and anti-competitive practices in relation to Android phones.
The Supreme Court of India heard a petition seeking implement of the order dated 22.07.2022 which had directed the Center and the States to pay judicial officers pension as per the enhanced pay scale as recommended by the Second National Judicial Pay Commission. The matter was listed before a bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha.
The Supreme Court of India agreed for an early listing of a petition seeking to hold local body polls in the State of Maharashtra. The matter was mentioned before a bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha.
The Supreme Court reserved its judgment on the dispute between the Delhi government and the union government regarding control of administrative services in the National Capital Territory of Delhi.
A Constitution Bench of the Supreme Court continued with the hearing of the Miscellaneous Application seeking modification of the guidelines for Living Will/Advance Medical Directive that was issued by way of its judgment recognising 'passive euthanasia' in Common Cause v. Union of India And Anr.
Senior Advocate Vikas Singh, the President of the Supreme Court Bar Association has written a letter to the Chief Justice of India Dr DY Chandrachud regarding the listing and hearing of two urgent matters pertaining to the "lives and livelihoods" of the SCBA members. Through the letter, Senior Advocate Vikas Singh has said that he hopes that SCBA is not forced to resort to protesting due to not being treated as an ordinary litigant, and being given an unfair treatment by not being given its due importance.
The Supreme Court has issued notice in a Special Leave Petition filed by employees of Air India Limited against the judgment and order dated 20-09-2022 of the Bombay High Court which held that Writ Petitions are not maintainable against the airline because of the subsequent privatisation of Air India Limited.
The Supreme Court reserved its judgement in a Special Leave Petition filed by George Alencherry, the Major Archbishop of Syro-Malabar Church against the judgment delivered by the Kerala High Court in August 2021 which refused to quash the criminal cases over the irregularities in the sale of properties belonging to Ernakulam-Angamalay Archdiocese.
The Supreme Court constituted a five member Supervisory Committee for the protection and renovation of several heritage sites in the State of Rajasthan. The top court also appointed Former Chief Justice of the Bombay and Rajasthan High Courts Pradeep Nandrajog as head of the Committee.
A Constitution Bench of the Supreme Court continued hearing submissions made by the Amicus Curiae, Senior Advocate, Mr. Gourab Banerji in a 3-Judge reference which raised the issue - whether the arbitration clause in a contract, which is required to be registered and stamped, but is not registered and stamped, is valid and enforceable.
The Supreme Court reserved judgment on the petition filed by Ashish Mishra, son of Union Minister Ajay Mishra, seeking bail in the Lakhimpur Kheri case related to the killing of five persons.
Senior Advocate Kapil Sibal told the Supreme Court that IPL founder Lalit Modi has made "scurrilous allegations" against Senior Advocate Mukul Rohatgi in social media, violating an undertaking given to the Court that he will refrain from making such statements.
“It is not just about money or compensation. What is also crucial is preserving his self-esteem and dignity, and making him feel like a part of society. The inherent worth of the individual has to be recognised,” said Justice S. Ravindra Bhat, while hearing a plea for compensation and medical aid by an ex-serviceman who has claimed that he contracted HIV-AIDS after a blood transfusion at a field hospital, while he was deployed at the borders during Operation Parakram.
Solicitor General of India Tushar Mehta informed the Supreme Court that the process to consider national heritage status for 'Ram Setu' is underway in the Ministry of Culture. A bench led by Chief Justice of India DY Chandrachud was considering a petition filed by Rajya Sabha MP Dr.Subramanian Swamy.
Disqualified Lakshadweep MP Moves Supreme Court Challenging ECI Announcing Bye-Election
Former Member of Parliament from from Lakshadweep, Mohammed Faizal, has approached the Supreme Court challenging the notification issued by the Election Commission of India notifying bye-elections for the constituency, following his disqualification as an MP due to conviction in an attempt to murder case.
The Supreme Court considered the Malik Mazhar Sultan vs UP Public Service Commission case, in which it has been passing various orders from time to time regarding the filling up of judicial vacancies in trial courts.
A 20-year old unmarried woman approached the Supreme Court seeking permission to terminate 29-week pregnancy. The matter was mentioned before Chief Justice of India DY Chandrachud for urgent listing.
The Supreme Court Collegium has expressed its disagreement with the Centre which returned the proposal to appoint gay Advocate Saurabh Kirpal as a Judge of the Delhi High Court, based on his openness about his sexual orientation.
The Supreme Court Collegium has reiterated its last year’s recommendation to the Centre to appoint Advocate Somasekhar Sundaresan as Judge of the Bombay High Court holding that his views on social media cannot be used to infer he’s highly biased opinionated person.
The Supreme Court Collegium has said that it is not open to the Department of Justice to repeatedly send back the same proposal which has been reiterated by the Collegium after duly considering the objections of the Government.
The study conducted by the Justice Ranganath Misra Commission, which, in its 2007 report, endorsed the extension of reservation benefits to Dalits who converted to Islam or Christianity, failed to focus on certain ‘intrinsic issues’, the centre told the Supreme Court.
The Supreme Court Collegium has reiterated its recommendation for elevation of Advocate R. John Sathyan as a Madras High Court Judge, after Centre returned the file citing an online article critical of Prime Minister Narendra Modi that was shared by Sathyan.
In Ashish Mishra's bail hearing in connection with the Lakhimpur Kheri incident, Senior Advocate Dushyant Dave, for the victims, told the Supreme Court that if Mishra is to be released while on murder charges, there should be consistent law and the Delhi riots accused, as also the 13,000 undertrials for murder languishing in UP jails should be accorded the same treatment.
A Constitution Bench of the Supreme Court continued with the hearing of the Miscellaneous Application seeking modification of the guidelines for Living Will/Advance Medical Directive that was issued by way of its judgment recognising 'passive euthanasia' in Common Cause v. Union of India And Anr.
Additional Solicitor General of India N Venkataraman appeared for the CCI. At the outset, he submitted that CCI had relied upon a similar order passed by the European Commission. In 2018, when the European Commission had passed its order against Google, Google accepted the order, implemented the directions, and adopted all changes. However, he submitted that Google was not extending the same courtesy to India and similar conduct was not followed when the Indian Competition Commission gave directions against Google.
A Constitution Bench of the Supreme Court continued hearing submissions made by the Amicus Curiae, Senior Advocate, Mr. Gourab Banerji in a 3-Judge reference which raised the issue - whether the arbitration clause in a contract, which is required to be registered and stamped, but is not registered and stamped, is valid and enforceable.
Amid the continuing impasse over the Sutlej-Yamuna Link (SYL) canal, the Haryana government informed the Supreme Court that bilateral talks with its neighbouring state Punjab had failed to yield any meaningful outcome, and urged the top court to consider issuing directions that would require the Punjab government to complete the remaining portion of the canal, pursuant to a 2002 ruling.
In a first, the Supreme Court collegium has put on record the reasons to reject the objections raised by the Central Government to recommendations made regarding judges appointment.
The Supreme Court agreed to list on January 27 the writ petition filed by former Member of Parliament from Lakshadweep, Mohammed Faizal, challenging the press release issued by the Election Commission of India announcing bye-elections for the constituency, following his disqualification as an MP due to conviction in an attempt to murder case.
The Supreme Court refused to interfere with Andhra Pradesh High Court order staying the Govt Order which restricted public meetings on roadsides, having regard to the fact that the petition is posted for hearing before the High Court on January 23.
The Supreme Court refused to entertain petitions challenging the Bihar Government’s decision to conduct a caste-based census in the State.
‘Justice Hrishikesh Roy Is A Theatre Person' : Justice KM Joseph Reveals 'Secret'
During the course of a hearing before the Constitution Bench of the Supreme Court, Justice K.M. Joseph disclosed that his fellow Judge, Justice Hrishikesh Roy is a theatre enthusiast. In this discussion, interest of other Judges and jurists also come to the forefront.
Supreme Court Dismisses PIL Seeking 'One Person One Car' Regulation
Supreme Court bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha refused to entertain a Public Interest Litigation seeking effective tax regulations on the sale of personal cars and allowing only one personal car per person.
Supreme Court Collegium’s Landmark Reiterations Show It Is No Longer Pusillanimous
Reiteration of a recommendation by the Collegium means that having reconsidered a previous recommendation in the light of reservations expressed by the Executive, the Collegium found little substance in those reservations. A recommendation, so reiterated, is binding on the Executive, which had dissented with the Collegium on its merits earlier.
Supreme Court bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha issued notice in a contempt petition filed against the Uttar Pradesh Director General of Prisons (DGP). The petition had alleged that the DGP did not comply with the earlier orders of the Apex Court issuing strict directions to the DGP of Uttar Pradesh to take all necessary steps to ensure that applications for premature release or remission were duly considered.
The Supreme Court of India refused to stay a circular issued by Jammu & Kashmir government directing deputy commissioners to remove encroachments on State Land including Roshni Land and Kachharie land by January 31, 2023.
The Supreme Court refused to entertain in plea filed by Rajiv Gandhi National University of Law, Patiala challenging order of the Punjab and Haryana High Court to charge only 50% of the hostel rent from the students for the COVID period and refund the remaining amount within a period of four weeks.
The Supreme Court issued notice in a plea, inter alia, challenging Section 2(s) of the Surrogacy (Regulation) Act, 2021 to the extent that it excludes unmarried women from the ambit of the definition of ‘intending woman’.
“In difficult periods in our history, it is Article 226 and the basic structure doctrine that have come to the aid of society and the people at large, and I have no hesitation in saying this,” said Supreme Court judge Justice Sanjay Kishan Kaul on January 19 while hearing a petition raising the question of whether the jurisdiction of high courts is altogether excluded because of a statutory provision for direct appeal at the Supreme Court against an order of the Armed Forces Tribunal.
A petition has been filed before the Supreme Court, inter alia, seeking compliance of Clause 7(4) of the Food Safety and Standards (Fortification of Foods) Regulations, 2018 to carry out mandated labelling on fortified rice sacks for the benefit of those (including sickle cell disease and thalassemia patients) who are contraindicated to consume the same.
“It is estimated that more than one per cent of the country’s population is homeless. With the onset of winter, I myself saw so many people out on the streets, sleeping in the biting cold,” Advocate Prashant Bhushan told the Supreme Court while urging it to, inter alia, direct North Indian states to furnish status reports on the temporary measures adopted by them to protect the urban houseless from the harsh winter.
The recent resolutions published by the Supreme Court Collegium have been making headlines as these are unprecedented instances of the Collegium publicising both the objections raised by the Central Government and its responses to them. The Collegium showed laudable temerity in calling out certain frivolous and unacceptable grounds of objection- such as sexual orientation of a candidate, the views expressed by one candidate in social media and the act of another candidate sharing an article criticising the Prime Minister.
Chief Justice of India Dr DY Chandrachud has called the ‘basic structure doctrine’ a north star “which guides and gives a certain direction to the interpreters and implementers of the Constitution when the path ahead is convoluted.”
Chief Justice of India DY Chandrachud sought democratization of the legal profession by removing feudalistic remnants like monetary barriers and access to equal opportunity for first generation lawyers.
While inaugurating NALSA’s First Regional Conference for the year 2023 titled ‘Northern Regional Conference on Enhancing Access to Justice’ organised by the Uttar Pradesh State Legal Services Authority at Varanasi, Justice Sanjay Kishan Kaul, Judge, Supreme Court of India & Executive Chairperson NALSA, said that to dispose of the pending cases on bail and remission, some kind of a revolution, an out of the box thinking, was required or it it would take 500 or even 700 years for the judiciary to dispose them.
Challenge Against Assam Delimitation To Be Heard By Supreme Court In March
The delimitation exercise that the government has reinitiated in the state of Assam is being conducted in the backdrop of political disturbance, with multiple districts being notified as disturbed and the consequent extension of the Armed Forces (Special Powers) Act, 1958 to those districts, Senior Advocate Maneka Guruswamy told the Supreme Court while assailing the process of delimitation of the assembly and parliamentary constituencies that was started by the Election Commission in December last year.
Chief Justice of India Dr. D. Y. Chandrachud unveiled two handbooks on civil and criminal law practice in an event organized by the Bar Council of Maharashtra and Goa (BCMG).
While speaking at the NALSA’s First Regional Conference for the year 2023 titled ‘Northern Regional Conference on Enhancing Access to Justice’ organised by the Uttar Pradesh State Legal Services Authority at Varanasi, Justice Sanjiv Khanna said that despite the country's per capita lawyer ratio being far better than most other countries in the world, it faces a crisis in legal aid for the underprivileged.
"The Judiciary is the guardian of the Constitution. When rights are infringed, whether constitutional, statutory, contractual, or equitable, and justice denied, the Judiciary steps in to adjudicate, and grant relief. To secure rights and uphold constitutional values and principles, it is imperative that we have a strong, robust judiciary that imbibes constitutionalism and zealously upholds constitutional values", former Supreme Court judge, Justice Indira Banerjee said, while speaking at the 16th Annual Convocation held at the National University of Advanced Legal Studies (NUALS).
6 Points Of Advice For Young Lawyers From Justice Indira Banerjee
Former Supreme Court judge Justice Indira Banerjee offered some pieces of advice to law graduates who are planning to join litigation, while speaking at the convocation ceremony of National University of Advanced Legal Studies, Kochi.
Former judge of the Supreme Court and current chairperson of the National Company Law Appellate Tribunal, Justice Ashok Bhushan, said the move to inaugurate an insolvency law regime was one of the two most important changes in Indian legislative policy; the other being the introduction of the goods and services tax which replaced multiple indirect taxes levied by the centre as well as the states.
Law Minister Questions Collegium System Again, Backs Ex-Judge Who Said SC 'Hijacked' Constitution
Amid the ongoing friction between the judiciary and the executive over the process for judges appointments, Union Law Minister Kiren Rijiju endorsed the view of a former High Court judge who commented that the Supreme Court 'hijacked' the Constitution by formulating the collegium system to select judges.
Senior Advocate Meenakshi Arora mentioned before the Chief Justice of India the hijab matter for urgent listing, saying that urgent interim directions are required to permit Muslim girl students to appear for exams which are conducted only in Government colleges.
Supreme Court To Hear Rana Ayyub's Petition Challenging Summons In PMLA Case On January 25
The petition filed by journalist Rana Ayyub challenging the summons issued by a Special PMLA Court at Ghaziabad has been listed on January 25, after the bench which was supposed to hear the matter cancelled the sitting.
Opposing the view expressed by Vice President Jagdeep Dhankhar that the Parliament has supremacy over other organs of the State, former Supreme Court judge Justice Madan B Lokur said that it is the Constitution which is supreme.
Supreme Court Dismisses CBI's Petition Challenging Bail Granted To Anil Deshmukh
The Supreme Court dismissed the petition filed by the CBI challenging the Bombay High Court order granting bail to former Maharashtra home minister and NCP leader Anil Deshmukh in a corruption case over alleged illegal gratification from bar owners and corruption in police transfers and posting in Maharashtra.
Can't Disclose Answer Sheets Of Judicial Service Exam Under RTI : Supreme Court Rejects Plea
The Supreme Court refused to entertain a plea seeking directions to make available answer scripts of all the candidates who appeared for the Mains written examination for District Judiciary in the State of Madhya Pradesh. Originally, the petitioner, an organization named "Advocate Union for Democracy & Social Justice", had approached the Madhya Pradesh High Court with the plea, which was dismissed. Following that, the petitioner approached the Supreme Court.
SC Status For Converted Dalits : Supreme Court Rejects Challenge To Expert Panel Formed By Centre
The Supreme Court dismissed a Writ Petition that was filed challenging the Central Government’s decision taken in October 2022 to set up a panel to examine Schedule Caste status for dalits who converted to Christianity or Islam.
Supreme Court directed the State of Nagaland to pass orders regarding appointment of the officer duly empanelled by Union Public Service Commission (UPSC), i.e. Mr. Rupin Sharma, IPS officer from the batch of 1992, Nagaland cadre, as the Director General Police of Nagaland within a week’s time.
SCAORA Condemns Forbes India ‘Top 25 Advocates-on Record’ Lists As ‘Misleading’& ‘Unauthorised’
Forbes India has come under the scanner over its decision to publish a list of top 25 Advocates-on-Record as a part of its annual ‘Legal Powerlist’, with the Supreme Court Advocates-on-Record Association criticising the document as ‘misleading’ and against the interests of advocates.
In a plea filed by a 20-year old unmarried woman seeking permission to terminate a 29-week pregnancy, the Supreme Court asked the Additional Solicitor General, Ms. Aishwarya Bhati, to interact with the woman and provide guidance.
The Supreme Court of India observed that it is not inclined in granting bails in cases pertaining to economic offences especially when many depositors have been swindled.
The Supreme Court declined to interfere with a Kerala High Court order (Division Bench) staying the effect of a Single Bench order which held the Cochin International Airport Ltd. is a public authority under the Right to Information Act, 2005.
Bihar Liquor Prohibition Act : Supreme Court Expresses Anguish At Delay In Setting Up Special Courts
The creation of special courts for the purpose of trying cases under the Bihar Prohibition and Excise Act, 2016 was ‘a long distance away’, the Supreme Court observed.
Ban On Hazardous Pesticides : Supreme Court Asks Centre To File Status Report
In a plea seeking weeding out of harmful chemicals and pesticides being used in India causing severe health hazards to farm workers, people living in the vicinity and the consumers, the Supreme Court directed the Centre to file an updated status report in respect of the regulatory measures taken by it for effecting a ban on hazardous pesticides.
Addressing the media at the Felicitation of Award Winners of the e-courts Project, the Union Law Minister Kiren Rijiju said that putting out RAW & IB inputs on candidates recommended for elevation in the public domain by the Supreme Court Collegium is a "serious issue".
The Supreme Court held that in determining the entitlement of a convict to premature release, the policy of the State government on the date of the conviction would have to be the determinative factor. The matter was heard by bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala.
The Supreme Court pulled up the Bar Council of India for not coming up with any ‘concrete’ plans for preventing State Bar Associations from going on strikes and abstaining from court work.
Supreme Court Issues Notice On Plea Challenging NLU Tripura Cancelling Admission For 2022-23
The Supreme Court issued notices in a petition seeking orders to quash directions passed by the National Law University, Tripura wherein the University has cancelled the admission process initiated for the Academic session 2022-23 on the ground of want of state domicile quota after the completion of the admission process.
A Constitution Bench of the Supreme Court agreed that modifications are required to be made to the guidelines for Living Will/Advance Medical Directive that was issued by its judgment recognising 'passive euthanasia' in Common Cause v. Union of India And Anr.
Supreme Court Asks Allahabad HC To Reconsider Yes Bank's Plea To Quash FIR
The Supreme Court directed Allahabad High Court to consider afresh the plea of Yes Bank in respect of an FIR lodged against the bank under Sections 420, 467, 468, 409, 120 B, 34 of the IPC. The court added that till the High Court disposes the matter, the interim order passed by the Supreme Court on 30th November 2021, staying the operation of notices and proceedings in connection with the FIR, shall continue.
The Supreme Court dismissed a Special Leave Petition filed by a minor boy who secured All India Rank 30 in the OBC category in CLAT but was treated as a general candidate because he had accidentally selected the creamy layer option instead of the non-creamy layer while filling out his form.
Chief Justice of India, Justice DY Chandrachud said that the judgments of Supreme Court will now be translated in four languages - Hindi, Gujarati, Odia and Tamil.
SCAORA Moves Supreme Court Seeking Creation Of New Chamber Blocks For Lawyers; Supports SCBA Plea
The Supreme Court Advocates on Record Association (SCAORA) has filed an impleading application, to be arrayed as one of the petitioners in the petition filed by the Supreme Court Bar seeking to direct the Ministry of Urban Development to convert land measuring 1.33 acres, that was allotted to the Supreme Court, into chamber blocks for lawyers.
Additional conditions will be added to the regulatory framework governing the environmental release of genetically modified crops if the existing conditions fail to broadly account for all shortcomings or dangers associated with the exercise, the Supreme Court orally remarked.
A Constitution Bench of the Supreme Court continued with the hearing of the reference, which pertains to the issue - whether the arbitration clause in a contract, which is required to be registered and stamped, but is not registered and stamped, is valid and enforceable.
The Supreme Court granted interim bail for a period of eight weeks to Ashish Mishra, son of Union Minister Ajay Mishra, in the Lakhimpur Kheri violence case related to the killings of five persons in October 2021, when vehicles of his convoy allegedly ran over a group of farmers who were protesting against the farm laws.
Supreme Court Sets Aside NGT Order For Demolition Of Goa's Curlies Restaurant Buildings
The Supreme Court bench comprising Justices AS Bopanna and Hima Kohli has set aside an order passed by the National Green Tribunal (NGT) for the demolition of Goa's iconic Curlies Beach Restaurant's buildings. The owner of the restaurant Linet Nunes approached the Court challenging the demolition action started by the Goa Coastal Zone Management Authority over violations of the CRZ regulations.
Chief Justice DY Chandrachud announced that the eSCR (Electronic Supreme Court Reports) will now be providing Supreme Court judgements in various regional languages of India. The said feature will be launched on the occasion of Republic Day.
While granting interim bail to Ashish Mishra in the Lakhimpur Kheri case, the Supreme Court, in a suo motu exercise, also granted interim bail to four persons who are accused in the cross-case related to the lynching of three persons.
Supreme Court Asks Ghaziabad Court To Defer Proceedings In PMLA Case Against Journalist Rana Ayyub
The Supreme Court requested the Special PMLA Court at Ghaziabad to adjourn the proceedings on January 27 in the case against journalist Rana Ayyub over alleged FCRA violations in raising public funds for COVID relief to a date after January 31.
'You Can Ask For VC Facility': Supreme Court Dismisses Plea For HP High Court Bench At Dharamshala
The Supreme Court of India refused to entertain a petition seeking the constitution of a bench for the Himachal Pradesh High Court at Dharamshala. The petition filed by Kangra District Bar Association was heard by a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala.
CJI DY Chandrachud Lauds Orissa HC CJ S Muralidhar For Setting Up VC Facilities In Every District
Chief Justice DY Chandrachud, while hearing a case seeking the constitution of a bench for the Himachal Pradesh High Court at Dharamshala, lauded the setting up of video conferencing facilities for every district in the State of Odisha by Chief Justice S Muralidhar of Orissa High Court. While stating that the Apex court could not direct the Himachal Pradesh High Court to set up a bench in Dharamshala, CJI Chandrachud suggested the petitioner to ask the High Court of Himachal Pradesh to set up a video conferencing facility on an administrative side.
The Supreme Court of India resumed hearings in the petition seeking to implement the order dated 22.07.2022 which had directed the Center and the States to pay judicial officers pension as per the enhanced pay scale as recommended by the Second National Judicial Pay Commission. The matter was listed before a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala.
The Supreme Court adjourned a batch of petitions seeking to allow nearly 20,000 Indian students who had to return from Ukraine due to the Russian attack to complete their medical education in India for six weeks.
The State of Tamil Nadu has filed its counter affidavit in the SLP preferred by Hindu Dharma Parishad seeking appointment of Arangavalar Committee (Trustee Committee) in all Hindu Temples headed by Retired Judge and with a social activist, a devotee, a Scheduled Caste person and a woman as its Members.
The Supreme Court orally asked the CBI and the Gujarat government whether they want to send social activist Teesta Setalvad and her husband Javed Anand back in custody despite the two having been out on bail for over seven years.
The Supreme Court Collegium in its meeting held on 25 January 2023, on reconsideration and in supersession of its earlier recommendation dated 28 September 2022, has recommended elevation of Shri Justice Jaswant Singh, Judge, Orissa High Court as Chief Justice of the Tripura High.
While the coming into force of the Constitution marks an important moment in the history of India, the celebrations of this day are shadowed by urgent human rights violations in the country, said Finnish Green League politician and member of the European Parliament, Alviina Alametsä.
Can the Supreme Court registry refuse to register a curative petition on the ground that the review petition was heard and dismissed in open Court? The Supreme Court has agreed to examine this issue. The bench of Justices Aniruddha Bose and Sudhanshu Dhulia appointed Senior Advocate Raju Ramachandran as Amicus Curiae in this matter.
Senior Advocate Saurabh Kirpal, whose appointment as a judge was objected to by the Central Government on the ground of his sexual orientation, opined that it is important to have judges with different life experiences in the bench, so that the judiciary represents the social diversity.
Senior Advocate Dr.Abhishek Manu Singhvi, who is the amicus curiae in the landmark case DK Basu vs State of West Bengal, has requested the Supreme Court to pass additional guidelines to prevent abuse of arrest powers and custodial torture.
Amid the intensifying war of words between the executive and the judiciary over the issue of judicial appointments and the basic structure doctrine, Senior Advocate and former United Nations Special Rapporteur Anand Grover urged members of the legal fraternity to throw their weight behind the judiciary to ensure their independence. Calling the silence of the bar associations on these issues a ‘tragedy’, Grover said, “It is the responsibility of the bar to take a clear stand. The bar provides a layer of protection to the judiciary. But the support that should be received from the bar is unfortunately lacking.” “If the bar is not strong, how can we expect the judiciary to be strong?” he asked.
As the controversy over the collegium system refuses to die down, Advocate Prashant Bhushan added to the debate by saying that the existing judicial appointment mechanism, although better than allowing the government to have a direct vote, was still afflicted with a lack of transparency.
A Constitution Bench of the Supreme Court reserved order in the reference, which pertains to the issue - whether the arbitration clause in a contract, which is required to be registered and stamped, but is not registered and stamped, is valid and enforceable.
The National Federation of Indian Women has moved the Supreme Court challenging eight state legislations regulating religious conversions, i.e. Anti-Conversion and Freedom of Religion Acts of various states.
Delhi Mayor Polls | Supreme Court To Hear AAP Leader's Plea For Early Election Of MCD Mayor On Feb 3
The Supreme Court listed plea concerning timely conduct of Delhi Mayor Elections on 3rd February 2023. The matter was mentioned by Senior Advocate AM Singhvi before a bench comprising Chief Justice DY Chandrachud and Justice Dipankar Datta.
The Supreme Court refused to entertain Andhra Pradesh Government’s plea assailing High Court’s order, which held that State's decision to appoint 'Executive Officer' to control and manage the affairs of Ahobilam Temple in Kurnool is violative of A. 26(d) of the Constitution and affects the Mathadipathi’s right of administration.
The Supreme Court refused to entertain bail applications of the lawyers who had indulged in vandalism in court premises during their strike demanding formation of new Benches of the Orissa High Court.
As the Modi family feud escalates, the Supreme Court urged the founder of the Indian Premier League, Lalit Modi to take down social media posts made by him against his family members and also against Senior Advocate and former Attorney-General Mukul Rohatgi, who is representing his mother Bina Modi.
The Supreme Court, while hearing a petition seeking rehabilitation of thousands of mentally ill patients who are languishing in hospitals or mental asylums, directed five States/Union Territories to upload information concerning mental health facilities in the online dashboard created by the Ministry of Social Justice and Empowerment.
Mhadei River Dispute : Supreme Court Agrees To List Before February 13
The Supreme Court agreed to list an application filed by State of Goa challenging the Central Water Commission's (CWC) approval of the Karnataka government’s detailed project report (DPR) for the construction of dams on Mhadei river which will lead to diversion of Mhadei river water into Karnataka. The matter was mentioned by Senior Advocate Venkatesh Dhond before a bench comprising Chief Justice DY Chandrachud and Justice Dipankar Datta.
The Supreme Court of India should constitute a five-judges bench to tie all loose ends of the Memorandum of Procedure for the appointment of Judges, and lay down a strict deadline for the government to respond to the collegium resolutions or else it should be taken that the government has nothing to say, and appointments should be done, Justice (Retd) Rohinton Nariman said.
The Supreme Court directed that a copy of the public interest litigation seeking to declare that citizens have a fundamental right to directly petition the Parliament and invite deliberation on important issues of public interest, be served to the Centre.
Advocate, Mr. Ashwini Kumar Upadhyay has, recently, filed an application before the Supreme Court seeking recall of its order which directed change in the title of the case pertaining to religious conversion.
‘More Diversity In Judiciary Will Ensure More Neutrality’: Advocate Shahrukh Alam
Weighing in on the issue of diversity in the Indian judiciary, Supreme Court lawyer-cum-activist Shahrukh Alam said that by bringing in more people from the margins of society to occupy seats of power in the courts, the elements of subjective assessment that inform the process of adjudication would be more neutral.
Religion Important Only When It Is Relevant Under Law, Otherwise India Secular Nation: Supreme Court
The Supreme Court said that religion is important in our country only when its relevant under the law, otherwise for all purposes India is a secular country.
There Are 2967 Tigers Spread In 53 Tiger Reserves As Per 2018 Census: Centre Tells Supreme Court
The Centre informed the Supreme Court that there are 2967 tigers spread in 53 tiger reserves overall in the country as per a 2018 census.
While delivering the guest lecture at 2nd BR Ambedkar Memorial Lecture 2023 organised by Hidayatullah National Law University, Justice Deepak Gupta, former Judge of the Supreme Court said that the government wants to pack the courts with men and women who will toe their line and those who will not be critical of them and will uphold every action of them.
Without independent and fearless judges the judiciary would fall and India would enter a new dark age, retired Justice Rohinton Nariman said at a lecture in Mumbai. "If you don't have independent and fearless judges, say good bye. There is nothing left. As a matter of fact, according to me, if finally, this bastion falls, or were to fall, we will enter the abyss of a new dark age," Retired Justice Rohinton Nariman said.
The Supreme Court directed that a copy of the public interest litigation seeking to declare that citizens have a fundamental right to directly petition the Parliament and invite deliberation on important issues of public interest, be served to the Centre.
Advocate, Mr. Ashwini Kumar Upadhyay has filed an application before the Supreme Court seeking recall of its order which directed change in the title of the case pertaining to religious conversion.
‘More Diversity In Judiciary Will Ensure More Neutrality’: Advocate Shahrukh Alam
Weighing in on the issue of diversity in the Indian judiciary, Supreme Court lawyer-cum-activist Shahrukh Alam said that by bringing in more people from the margins of society to occupy seats of power in the courts, the elements of subjective assessment that inform the process of adjudication would be more neutral.
Religion Important Only When It Is Relevant Under Law, Otherwise India Secular Nation: Supreme Court
The Supreme Court said that religion is important in our country only when its relevant under the law, otherwise for all purposes India is a secular country.
There Are 2967 Tigers Spread In 53 Tiger Reserves As Per 2018 Census: Centre Tells Supreme Court
The Centre informed the Supreme Court that there are 2967 tigers spread in 53 tiger reserves overall in the country as per a 2018 census. This number even constitutes 70% of the world tiger population and figures continue to grow, a Bench of Justices KM Joseph and BV Nagarathna was told. The Court was hearing a plea aiming to relocate human settlements from reserve forests to save the tiger population in the country.
While delivering the guest lecture at 2nd BR Ambedkar Memorial Lecture 2023 organised by Hidayatullah National Law University, Justice Deepak Gupta, former Judge of the Supreme Court said that the government wants to pack the courts with men and women who will toe their line and those who will not be critical of them and will uphold every action of them.
The Supreme Court deliberated upon the interpretation of Section 16 of the NGT Act insofar as the period of limitation in filing an appeal was concerned. The question that arose before the bench comprising Chief Justice DY Chandrachud and Justice Dipankar Datta was that if the last date of limitation for filing an appeal in NGT was a public holiday, what would happen.
In a strange case where the order uploaded in the website of the Madras High Court was found to be different from the order which was initially pronounced, the Supreme Court has asked the High Court to take necessary corrective measures.
The Supreme Court on January 27 issued notice to the Election Commission of India in a review petition filed by Bharatiya Janata Party (BJP) General Secretary, BL Santhosh, against the order imposing a penalty on the party for not publishing criminal antecedents of candidates fielded for the 2020 Bihar assembly elections.
The Supreme Court has asked the Tamil Nadu Generation and Distribution Corporation to inform it how an engineer with colour blindness could be accommodated in his post having regard to the nature of his qualification. The State Corporation has been asked to file an affidavit in this regard.
The Supreme Court allowed the All India Council of Mayors to file an intervention application seeking to continue in their offices till their successors are elected, in the matter pertaining to Uttar Pradesh Urban Local Body Polls. The matter was listed before a bench comprising Chief Justice DY Chandrachud and Justice Dipankar Datta.
The Supreme Court agreed to hear on February 6 plea challenging the challenging the decision of the Central Government to block the BBC's documentary “India: The Modi Question”. One petition has been filed by serial litigant Advocate ML Sharma. Another petition has been filed by journalist N. Ram, Advocate Prashant Bhushan and some others.
The Delhi Police informed the Supreme Court on Monday that the final report in the hate speech case over the Hindu Yuva Vahini event organised under the leadership of Sudarshan News TV editor Suresh Chavhanke in Delhi in December 2021 is "almost ready".
Supreme Court judge Justice Surya Kant recused himself from hearing an appeal filed by the Punjab government against the order of the High Court granting regular bail to Shiromani Akali Dal leader Bikram Singh Majithia in connection with a drugs case.
Lakshadweep UT Moves Supreme Court Challenging HC Suspending Conviction Of Mohammed Faizal MP
The Union Territory of Lakshadweep has filed a petition in the Supreme Court challenging the order of the Kerala High Court which suspended the conviction and sentence of Member of Parliament Mohammed Faizal in an attempt to murder case.
Terming the Centre's decision to block public access to BBC's documentary "India : The Modi Question" as "manifestly arbitrary" and "unconstitutional", veteran journalist and former editor of The Hindu N Ram, Advocate and civil rights activist Prashant Bhushan and Trinamool Congress MP Mahua Moitra have jointly filed a petition in the Supreme Court.
Jamiat Ulama-i-Hind has filed a transfer petition in the Supreme Court seeking to transfer to it 21 cases pending in 6 High Courts challenging the laws relating to religious conversions enacted by various states. Senior Advocate Kapil Sibal mentioned the petition before Chief Justice of India DY Chandrachud.
The Supreme Court refused to interfere with the order of the National Company Law Appellate Tribunal which directed the Jalan Fritsch consortium, the successful resolution applicant for Jet Airways Ltd, to clear the gratuity and provident fund dues of the employees.
The Supreme Court questioned the Centre's application to recall the direction passed in September 2021 which prevented the extension of the tenure of the Director of Enforcement Directorate Sanjay Kumar Mishra beyond November 16, 2021.
Centre Objects To Teesta Setalvad's NGO CJP Filing Petition Challenging Anti-Conversion Laws
In yet another development in the challenge to anti-conversion laws in different states, the central government has filed an affidavit in the Supreme Court of India objecting to the locus of social activist Teesta Setalvad's NGO 'Citizens for Justice and Peace' (CJP).
Matrimony Based On Mutual Love And Affection; Not On Terms And Conditions: Supreme Court
“Matrimony is based on mutual love and affection and not on terms and conditions”, the Supreme Court of India orally observed.
The Indian Union Muslim League (IUML) has filed its counter affidavit in a plea seeking ban on political parties which use names and symbols with religious connotations. IUML has given a six point response to the petition and has prayed that the petition should be dismissed in limine.
Supreme Court Issues Notice On Bail Applications Of Godhra Train Burning Case Convicts
The Supreme Court issued notice on the bail application of convicts in the 2002 Godhra train burning case. The matter was listed before a bench comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala. The bench had earlier asked the State of Gujarat to specify the individual roles of the convicts, based on which their applications for bail were to be considered.
Supreme Court Refuses To Entertain Plea Seeking Compulsory Labelling On Fortified Rice Sacks
The Supreme Court, on Monday, refused to entertain plea seeking compliance of Clause 7(4) of the Food Safety and Standards (Fortification of Foods) Regulations, 2018 to carry out mandated labelling on fortified rice sacks for the benefit of those (including sickle cell disease and thalassemia patients) who are contraindicated to consume the same.
The Supreme Court directed the State of Tamil Nadu to file a report before the court within four weeks time pointing out the status of appointment of trustee committees for the temples in the state as per the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. The bench of Justices AS Bopanna and Hima Kohli passed the above order while hearing a Special Leave Petition seeking appointment of Arangavalar Committee (Trustee Committee) headed by a Retired Judge in all Hindu Temples.
Supreme Court Asks Meghalaya HC To Defer Hearing Of Petition Challenging Assam-Meghalaya Border Pact
Supreme Court bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala directed the Meghalaya High Court to defer the hearing of the writ petition concerning the execution of the Assam–Meghalaya border pact till the matter remained pending in the Supreme Court.
In a plea challenging the order of the Madras High Court, that refused to quash the Government Order of 2014, which made Tamil paper compulsory in Class 10 State Board exam for all students, the Supreme Court, on Monday, granted opportunity to the Sr. Counsel representing the State of Tamil Nadu to get instructions with respect to extension of exemption that was initially made available for the academic year 2020-2022.
'Serious Matter': Supreme Court To Hear Rajkot COVID Hospital Fire Case In Second Week Of March
The Supreme Court adjourned the hearing of the suo moto case regarding the fire in Rajkot, Gujarat on 26.11.2020 which had resulted in the death of Covid patients in Hospital to the second week of March. The matter was listed before a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala.
The Supreme Court granted four weeks-time to the Ministry of Law and Justice to file its counter affidavit in a plea which seeks the introduction of a technology to allow visually impaired voters to verify their votes.
The Central Government has filed a petition seeking review of the Supreme Court judgement which had declared that Section 3(2) of the Benami Transactions (Prohibition) Act 1988 as unconstitutional on the ground of being manifestly arbitrary.
A professor of Indore’s Government New Law College has approached the Supreme Court seeking protection after the Madhya Pradesh High Court rejected his anticipatory bail plea in a case over an alleged "anti-national" and "Hinduphobic" book found in the college library.
Asaduddin Owaisi led AIMIM (All India Majlis-e-Ittehadul Muslimeen) has filed a counter affidavit before the Supreme Court opposing a PIL for cancelling the symbol and name allotted to political parties which are using religion in their name or carrying religious connotations in their symbol.
The Supreme Court reserved judgment on a writ petition filed by journalist and author Rana Ayyub challenging the order passed by a special court in Ghaziabad taking cognisance of the prosecution complaint filed by the Enforcement Directorate alleging money laundering in the crowdfunding campaigns run by her for charity work.
The Supreme Court of India bifurcated the batch of petitions concerning the Electoral Bonds scheme into three sets and decided to hear them separately. The matter was listed before a bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha.
The Supreme Court directed the Union of India and all state governments to inform whether the 28.55 crores migrants/unorganised workers registered on the E-Shram portal are having the ration cards and whether all of them are given the benefit of food under the National Food Security Act.
The Supreme Court suggested to Nirav Modi’s brother-in-law Mainak Mehta to provide the Central Bureau of Investigation (CBI) with a "Letter of Authority" for bank accounts which are being probed by the CBI in relation to the Punjab National Bank (PNB) fraud case. The matter was listed before a bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha.
The Supreme Court observed that the petitioner, who has filed a PIL seeking to ban political parties with religious names and symbols, must not be selective in his approach.
A Constitution Bench of the Supreme Court clarified that its 2018 judgment striking down Section 497 of the Indian Penal Code(which criminalised adultery) will not impact court martial proceedings initiated against personnel serving the armed forces for adulterous conduct.
The Supreme Court dismissed as withdrawn a petition challenging a circular issued by the Jammu and Kashmir government directing deputy commissioners to remove encroachments on State Land including Roshni Land and Kachharie Land by January 31.
Supreme Court Collegium has cleared the names of Allahabad High Court Chief Justice Rajesh Bindal and Gujarat High Court Chief Justice Aravind Kumar for elevation to the Supreme Court. Currently, the Supreme Court of India has a sanctioned strength of thirty four Judges and is presently functioning with twenty seven Judges. Thus, there are seven clear vacancies.
Legendary Lawyer & Former Law Minister Shanti Bhushan Passes Away
Acclaimed lawyer Shanti Bhushan, Senior Advocate, passed away at his home in Delhi at 7PM today. He was aged 97 years. He was the lawyer who represented Raj Narain in the legendary case in Allahabad High Court which resulted in unseating Indira Gandhi as the Prime Minister in 1974. He has taken up several causes of great public interest and was a vocal activist against corruption and a champion of civil liberties.
The Supreme Court Advocate-on-Record Association has filed an application in the Supreme Court urging it to direct the Committee for Designation of Senior Advocates to fast-track and complete the process of designating senior advocates pursuant to applications received in February 2022.
The Supreme Court Collegium, comprising Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul and Justice KM Joseph, cleared the names of Allahabad High Court Chief Justice Rajesh Bindal and Gujarat High Court Chief Justice Aravind Kumar for elevation to the Supreme Court.
Data Protection Bill To Be Introduced In Parliament In Budget Session : Centre Tells Supreme Court
A batch of petitions challenging the 2016 privacy policy of WhatsApp was mentioned before a Constitution Bench of the Supreme Court, on Tuesday. A 5-judge Bench comprising Justices KM Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar was informed that a Data Protection Bill, after administrative compliances, is to be introduced before the Parliament in the second half of the Budget Session, 2023.
The Supreme Court expressed displeasure at the Delhi Police for seeking adjournment in the Delhi riots conspiracy case on the ground of the unavailability of the Solicitor General of India. If the Solicitor General is unavailable, alternative arrangements should be made, the bench comprising Justices Sanjay Kishan Kaul and AS Oka told the counsel representing the Central Government.
