Supreme Court Monthly Roundup (May 2023)
Padmakshi Sharma
10 Jun 2023 12:15 PM IST
In this fast-paced era of ever-evolving laws and dynamic legal landscapes, it's essential to stay ahead of the curve. That's why Live Law brings to you a comprehensive coverage of the most significant Supreme Court decisions, influential rulings, and groundbreaking legal precedents that shape the course of justice in our nation.Judgements/OrdersFact That Co-Accused Has Not Surrendered Cannot Be...
In this fast-paced era of ever-evolving laws and dynamic legal landscapes, it's essential to stay ahead of the curve. That's why Live Law brings to you a comprehensive coverage of the most significant Supreme Court decisions, influential rulings, and groundbreaking legal precedents that shape the course of justice in our nation.
Judgements/Orders
Fact That Co-Accused Has Not Surrendered Cannot Be A Ground To Deny Bail : Supreme Court
[Case Title: Sebil Elanjimpally vs The State of Odisha]
Citation : 2023 LiveLaw (SC) 474
The Supreme Court recently observed that an accused cannot be denied bail on the sole ground that the co-accused has not surrendered. The Court was considering a bail application filed by an accused who was under custody for offences under the Narcotic Drugs and Psychotropic Substances Act, 1985.
[Case Title: Meenal Bhargava vs Naveen Sharma & Ors.]
Citation : 2023 LiveLaw (SC) 475
The Supreme Court has sentenced a non-resident Indian to six months imprisonment and imposed a fine of Rs 25 lakhs for contempt of court, for failing to bring back his minor son to India in terms of the orders passed by the top court from time to time and the undertaking given by him before the court to this effect.
[Case Title: Shilpa Sailesh v. Varun Sreenivasan [TP(C) No. 1118/2014] and other connected matters]
Citation : 2023 LiveLaw (SC) 375
A Constitution Bench of the Supreme Court held that it can invoke its special powers under Article 142 of the Constitution of India to grant divorce on the ground of irretrievable breakdown of marriage, which is not yet a statutorily recognised ground.
[Case Title: Judgebir Singh @ Jasbir Singh @ Jasbir and others vs National Investigation Agency and others | Crl.A. No. 1011/2023]
The Supreme Court pronounced a judgement holding that an accused person would not be entitled to default bail on the ground that the chargesheet filed against them is without a sanction of valid authority and hence is an incomplete chargesheet.
[Case Title : Shilpa Sailesh vs Varun Sreenivasan]
Citation : 2023 LiveLaw (SC) 375
A Constitution Bench of the Supreme Court has held that it can invoke the special powers under Article 142 of the Constitution of India to waive the waiting period of 6 to 8 months prescribed for seeking divorce through mutual consent as per Section 13-B of the Hindu Marriage Act 1955.
[Case Title: Shilpa Sailesh vs Varun Sreenivasan]
Citation: 2023 LiveLaw (SC) 374
While holding that irretrievable breakdown of marriage can be a ground to grant divorce by invoking powers under Article 142 of the Constitution, the Supreme Court clarified that a party cannot file a writ petition under Article 32 of the Constitution of India and seek relief of dissolution of marriage on the ground of irretrievable breakdown of marriage directly from it.
[Case Title: Bohatie Devi (Dead) Through LR v. The State of Uttar Pradesh & Ors.]
Citation : 2023 LiveLaw (SC) 376
The Supreme Court recently held that Section 173(3) read with Section 158 of CrPC does not permit the Secretary (Home) to order for further investigation or reinvestigation by another agency, other than the officer in charge of the concerned Police Station and/or his superior office.
[Case Title: Judgebir Singh @ Jasbir Singh @ Jasbir vs National Investigation Agency and others]
Citation: 2023 LiveLaw (SC) 377
The Supreme Court cautioned the Investigating agencies against filing of applications seeking extension of time for completing the investigation at the last moment.
[Case Title: Sumit Subhaschandra Gangwal vs State of Maharashtra
Citation: 2023 LiveLaw (SC) 373]
Inordinate delay in passing an order pertaining to liberty of a citizen is not in tune with the constitutional mandate, the Supreme Court observed in an order allowing anticipatory bail plea.
[Case Title : Moser Baer Karamchari Union through its President Mahesh Chand Sharma vs Union of India W.P.(C) No. 421/2019 and connected cases.]
Citation : 2023 LiveLaw (SC) 386
The Supreme Court upheld a provision of the Companies Act 2013, which holds that workers' dues will not get preferential payment in the event a company undergoes liquidation as per the provisions of the Insolvency and Bankruptcy Code 2016.
[Case Title: Sachit Kumar Singh & Ors. v. The State of Jharkhand & Ors. | Civil Appeal Nos. 2793-98 of 2023]
Citation : 2023 LiveLaw (SC) 382
In a major relief to a section of police job aspirants in Jharkhand, last week, the Supreme Court set aside a high court order denying relief to candidates for the post of police sub-inspector who did not receive minimum qualification marks in a limited competitive examination, but had raised objections with respect to nine questions before the declaration of results.
[Case Title: Balwant Singh v. Union of India & Ors. | Writ Petition (Criminal) No. 261 of 2020]
Citation : 2023 LiveLaw (SC) 391
In a significant development, the Supreme Court refused to commute the death sentence of Babbar Khalsa terrorist Balwant Singh Rajoana to life imprisonment on the ground of the long pendency of the mercy petition before the President of India.
[Case Title: All India Judges Association And Ors. v. Union of India And Ors. WP(C) No. 1022/1989]
Citation : 2023 LiveLaw (SC) 385
Recently, the Supreme Court refused to issue directions to the High Courts to fill 50% of the seats in the respective High Courts from the Bench (service judges, district judiciary), if vacancy from the Bar quota lies vacant for more than 6 months.
[Case Title: State of Andhra Pradesh v. Varla Ramaiah [SLP(C) No. 11912-13/2020]
Citation : 2023 LiveLaw (SC) 390
The Supreme Court set aside the Andhra Pradesh High Court order which stayed probe into the Amravati Land Scam, in a plea moved by the Andhra Pradesh government.
[Case Title : State of Tripura vs Rina Purkayastha and others]
Citation : 2023 LiveLaw (SC) 387
The Supreme Court recently set aside a judgment of the Tripura High Court which directed the State Government to raise the retirement age of Anganwadi workers from 60 years to 65 years.
[Case Title: Union of India vs Deloitte Haskins and Sells LLP]
Citation: 2023 LiveLaw (SC) 388
The Supreme Court upheld the constitutional validity of Section 140(5) of the Companies Act, 2013 and held that that the provision is "neither discriminatory, arbitrary and/or violative of Articles 14, 19(1)(g) of the Constitution of India".
[Case Title: Omprakash Sahni v. Jai Shankar Chaudhary And Anr Etc.| Criminal Appeal Nos. 1331-1332 of 2023]
Citation : 2023 LiveLaw (SC) 389
The Supreme Court has held that in order to suspend the substantive order of sentence under Section 389 of the Criminal Procedure Code, there ought to be something apparent or gross on the face of the record, on the basis of which, the Court can arrive at a prima facie satisfaction that the conviction may not be sustainable.
[Case Title: Kailash Vijayvargiya v. Rajlakshmi Chaudhuri and others]
Citation : 2023 LiveLaw (SC) 396
After almost 17 months since the verdict was reserved, the Supreme Court set aside an order by a magistrate in Kolkata directing a police investigation into an allegation of rape and criminal intimidation against BJP national general secretary Kailash Vijayvargiya, RSS member Jisnu Basu and suspended BJP leader Pradeep Joshi.
[Case Title: In Re: T. N. Godavarman Thirumulpad v. Union of India & Ors.| Citation: 2023 LiveLaw SC ]
Citation : 2023 LiveLaw (SC) 392
On 28th April, 2023, the Supreme Court clarified its order dated 26th April 2023, wherein it stated that its previous order mandating a 1 km Eco-Sensitive Zone (ESZ) around protected forests would not be applicable to the ESZs in respect of which a draft and final notification has been issued by the Ministry of Environment, Forest and Climate Change (MoEF & CC) and in respect of the proposals which have been received by the Ministry.
[Case Title: Yamal Manojbhai v. Union of India And Ors. Writ Petition (Crl) No. 55 of 2023]
Citation : 2023 LiveLaw (SC) 399
The Supreme Court delivered a split verdict in respect to the issue -whether jurisdiction of Settlement Commission under Section 127B of the Customs Act, 1962 can be invoked in relation to goods to which Section 123 applies.
[Case Title: Government of Tamil Nadu & Ors. v.R. Thamaraiselvam etc.]
Citation : 2023 LiveLaw (SC) 400
Stating that the powers can be abused by police, the Supreme Court has upheld the decision of Madras High Court to set aside 2011 Tamil Nadu’s government order wherein it had constituted Land Grabbing Special Cells without defining land grabbing cases.
[Case Title: Nagarathinam Versus State Through The Inspector Of Police | Criminal Appeal No. 1389 Of 2023]
Noting at the appellant had already suffered at the cruel hands of fate, the Supreme Court of India recently set aside the order of the Tamil Nadu government rejecting a convict-mother’s prayer for premature release, who poisoned her two children.
Case Title: Peethambaran v. State of Kerala & Anr.
Citation : 2023 LiveLaw (SC) 402
The Supreme Court recently reiterated that the power to order further investigation rests with either with the concerned magistrate or with a higher court and not with an investigating agency.
Case Title: M.K. Rajagopalan v Dr. Periasamy Palani Gounder
Citation: 2023 LiveLaw (SC) 403
The Supreme Court has held that a resolution applicant cannot be rendered ineligible to submit a resolution plan under the Insolvency and Bankruptcy Code, 2016 (“IBC”), by assuming his/her disqualification under Section 164(2)(b) of the Companies Act, 2013, unless a categorical order disqualifying him/her to act as a director of any company is passed by the competent authority.
[Case Title: Sanket Kumar Agarwal & Anr v APG Logistics Private Limited]
Citation: 2023 LiveLaw (SC) 406
The Supreme Court has held that for the purpose of computing limitation for filing of appeal under Section 61(2) of the Insolvency and Bankruptcy Code, 2016, the time taken by Tribunal for providing certified copy of order to be challenged ought to be excluded from computation of limitation.
[Case Title: M/s. Jermyn Capital LLC Dubai v. CBI And Ors. | Special Leave Petition (Crl) No. 9134 of 2018]
Citation: 2023 LiveLaw SC 412
The Supreme Court set aside freeze order and subsequent bank guarantee imposed on a Foreign Institutional Investor company as those actions were found to be taken on the basis of a criminal case pending against a person, who had no connection with the company.
[Case Title: CS Gopalakrishnan etc. v. The State of Tamil Nadu and others]
Citation : 2023 LiveLaw (SC) 413
The Supreme Court held that the Tamil Nadu Highways Act 2001 cannot be invalidated on the ground that is provisions are at variance from the Right to Fair Compensation and Transparency in Land Acquisition; Rehabilitation and Resettlement Act, 2013. Since the Tamil Nadu Act has received the assent of the President under Article 254(2) of the Constitution of India, there is no basis in challenging the Act on the ground that is repugnant to the RFCTLARR Act.
[Case Title: M/s. Shree Vishnu Constructions vs The Engineer in Chief Military Engineering Service & Ors.]
Citation : 2023 LiveLaw (SC) 417
The Supreme Court has ruled that where the notice invoking arbitration is issued prior to the coming into force of the Arbitration and Conciliation (Amendment) Act, 2015, i.e., prior to 23.10.2015, and the application under Section 11 of the Arbitration and Conciliation Act, 1996 (A&C Act), seeking appointment of an arbitrator, is made post the enforcement of the Amendment Act, the 2015 Amendment Act shall not be applicable.
[Case Title: Calcutta State Transport Corporation vs Ashit Chakraborty]
Citation : 2023 LiveLaw (SC) 419
In a judgment affirming the rights of pensioners, the Supreme Court held that retired employees cannot be made to suffer due to mistakes committed by their employers.
[Case Title : Government of NCT of Delhi vs Union of India]
Citation : 2023 LiveLaw (SC) 423
The Supreme Court held that the National Capital Territory of Delhi has legislative and executive power over administrative services in the National Capital, excluding matters relating to public order, police and land. The Lieutenant Governor shall be bound by the decision of Delhi government over services, apart from public order, police and land, it held.
[Case Title: Subhash Desai v. Principal Secretary, Governor of Maharashtra And Ors. WP(C) 493/2022]
Citation : 2023 LiveLaw (SC) 422
In the matter pertaining to the Shiv Sena rift, the Supreme Court Constitution bench held that it cannot order the restoration of the Uddhav Thackeray government as he resigned without facing floor test. Since Thackeray voluntarily resigned, the Court held that the Governor was right in inviting Ekanth Shinde form the government with the support of BJP.
[Case Title: State of Meghalaya v. Union of India Original Suit No. 1/2021]
Citation : 2023 LiveLaw (SC) 427
The Supreme Court decided the preliminary objections on the maintainability of State of Meghalaya’s suit challenging Section 5 of the Lotteries (Regulation) Act 1998 in favour of the State. It held that the State of Meghalaya is entitled to take the matter forward on the merits.
Be Vigilant Before Invoking Stringent Laws Like SC-ST Act : Supreme Court 'Reminds' Police Officers
[Case Title: Sri Gulam Mustafa vs State of Karnataka]
Citation: 2023 LiveLaw (SC) 421
The Supreme Court observed that the police officers have to be vigilant before invoking provisions of stringent laws like SC-ST (Prevention of Attrocities) Act.
[Case Title: Indira Jaising v. Supreme Court of India MA 709/2022 in WP(C) No. 454/2015]
Citation : 2023 LiveLaw (SC) 425
The Supreme Court passed directions in pleas seeking modifications in the guidelines regulating the conferment of designation of Senior Advocates as laid down in its 2017 judgment.
Supreme Court Stays Promotion Of Judicial Officers As District Judges In Gujarat
[Case Title: Ravikumar Dhansukhlal Maheta & Anr. v. High Court of Gujarat & Ors. | Writ Petition (Civil) No. 432 of 2023]
Citation : 2023 LiveLaw (SC) 426
The Supreme Court stayed the promotion of judicial officers as District Judges in the State of Gujarat, after taking exception to the State Government notifying the promotions while the legality of the promotions was a sub-judice issue before the Court.
[Case Title: Aureliano Fernandes Versus State Of Goa And Others | Civil Appeal No. 2482 Of 2014]
Citation : 2023 LiveLaw (SC) 424
In a significant judgement, the Supreme Court of India has issued a slew of directions for the proper implementation of the Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 [POSH Act] all over the country.
[Case Title: M. Suresh Kumar Reddy v Canara Bank & Ors.]
Citation : 2023 LiveLaw (SC) 428
The Supreme Court has held that if the existence of a financial debt and its default on the part of Corporate Debtor has been proved, then the National Company Law Tribunal (“NCLT”) is left with no option apart from admitting the petition under Section 7 of the Insolvency and Bankruptcy Code, 2016 (“IBC”).
[Case Title: Adivasis for Social and Human Rights Action v. Union of India And Ors.| Civil Appeal No. 2202 of 2012]
Citation: 2023 LiveLaw SC 431
The Supreme Court, on May 10, dismissed a plea, inter alia, contending that the Representation of the People Act, 1950 and the Delimitation Act, 2002 are not applicable to the Scheduled Area in absence of the notification issued by the Governor of the State under Clause 5(1) of the Fifth Schedule of the Constitution of India.
[Case Title: M.K. Rajagopalan v Dr. Periasamy Palani Gounder]
Citation: Civil Appeal Nos. 1682-1683 of 2022
The Supreme Court has held that if a modified resolution plan, carrying however minor modification/revision, is not finally approved by Committee of Creditors (CoC), then presentation of such modified plan before the Adjudicating Authority for approval is an incurable material irregularity. No modified resolution plan can be placed directly before the NCLT, without being finally approved by the CoC.
[Case Title: Union of India & Ors. vs A. B. P. Pvt Ltd & Anr.]
Citation : 2023 LiveLaw (SC) 430
The Supreme Court has upheld the withdrawal of a customs notification which granted customs duty concession to “Rotary Printing Machine” of ‘single width two plate variety’, on the ground of indigenous angle, i.e., availability of the equipment in India. The top court remarked that the same cannot be characterized as an irrelevant factor for withdrawing tax concession.
Supreme Court Reprimands HUDA Authority For Filing Frivolous Appeal; Imposes Cost Of Rs. 1 Lakh
[Case Title: Haryana Urban Development Authority & Anr. v Jagdeep Singh]
Citation : 2023 LiveLaw (SC) 429
The Supreme Court has reprimanded the Haryana Urban Development Authority (“HUDA Authority”) for filing frivolous litigation over issues that have already been settled by the Apex Court in judgments dating back to 2005.
[Case Title: M/s K.B. Tea Product Pvt Ltd & Anr vs Commercial Tax Officer, Siliguri & Ors]
Citation : 2023 LiveLaw (SC) 428
The Supreme Court bench comprising Justices M.R. Shah and Krishna Murari has rendered a split verdict on the issue concerning the applicability of the doctrine of legitimate expectation where a tax holiday/ sales tax exemption granted to the appellant- manufacturer was stopped pursuant to the amendments made to the West Bengal Sales Tax Act, 1994.
[Case Title: Reliance Infrastructure Ltd. vs State of Goa | CA 3615 OF 2023 | 10 May 2023]
Citation: 2023 LiveLaw (SC) 416
The Supreme Court observed that an award could be said to be suffering from “patent illegality” only if it is an illegality apparent on the face of the award and not to be searched out by way of re-appreciation of evidence.
[Case Title: Santosh @ Bhure v. State (G.N.C.T.) of Delhi; State v. Neeraj]
Citation : 2023 LiveLaw (SC) 418
The Supreme Court recently set aside the conviction of a convict and upheld the acquittal of the co-accused in a murder case on the ground that the prosecution has failed to prove the chain of incriminating circumstances as to conclusively prove the guilt of the accused persons.
Supreme Court Upholds Acquittal Of A Death Row Convict By High Court
[Case Title: State of Madhya Pradesh v. Phoolchand Rathore]
Citation : 2023 LiveLaw (SC) 408
The Supreme Court recently upheld the decision of Madhya Pradesh High Court which acquitted an accused who was awarded death sentence by the Trial Court for the alleged murder of his wife on the ground that prosecution has failed to prove the circumstances (i.e. motive, disclosure, recovery, and extra judicial confession) beyond reasonable doubt.
[Case Title: Haryana Power Purchase Centre vs Sasan Power Ltd & Ors.]
Citation : 2023 LiveLaw (SC) 409
The Supreme Court has ruled that in a case where the matter is governed by the express terms of the contract, the Central Electricity Regulatory Commission cannot, even donning the garb of a regulatory body, go beyond the express terms of the contract.
[Case Title: Heinz India Limited v The State of Kerala]
Citation: 2023 LiveLaw (SC) 411
The Supreme Court Bench has held that prickly heat powders fall under the category of ‘medicated talcum powder’ and not ‘medicine’ for the purpose of sales tax under Kerala General Sales Tax Act, 1963 (“KGST Act”). Whereas, under the Tamil Nadu General Sales Tax Act, 1959 (“TNGST Act”), prickly heat powder would be taxed as a cosmetic.
[Case Title : Chief General Manager, BSNL vs MJ Paul and others]
Citation : 2023 LiveLaw (SC) 414
The Supreme Court has reiterated that directions interfering with the examination process by way of calling for answer-sheets, recording a finding on non- evaluation or mandating the process of re-evaluation cannot be issued by courts.
[Case Title: Indian Oil Corporation vs Sathyanarayana Service Station | CA 3533 OF 2023 | 9 May 2023]
Citation: 2023 LiveLaw (SC) 415
The Supreme Court observed that, in arbitration cases, a Court cannot, after setting aside the award, proceed to grant further relief by modifying the award.
[Case Title: Dr. VR Sanal Kumar v. Union of India And Ors.| Civil Appeal No. 6301 of 2013 | 12th May, 2023]
Citation: 2023 LiveLaw SC 432
The Supreme Court reiterated that inquiry proceedings of persons employed in civil capacities under the Union Government of the State Government can be done away with if the President or the Governor is satisfied that in the interest of security of the State it is not expedient to hold such an inquiry [clause (c) of second proviso to Article 311(2) of the Constitution of India].
[Case Title : Directorate of Enforcement vs Aditya Tripathi]
Citation : 2023 LiveLaw (SC) 433
The Supreme Court has held that the mere fact that chargesheet has been filed for the predicate offences is not a ground to release the accused on bail in connection with the offences under the Prevention of Money Laundering Act.
[Case Title: Raj Kumar @ Suman v. State (NCT of Delhi)]
Citation : 2023 LiveLaw (SC) 434
The Supreme Court recently opined that while recording the statement under Section 313 of CrPC in cases involving a large number of prosecution witnesses, the Judicial Officers should take benefit of Section 313 (5) of CrPC, which will ensure that the chances of committing errors and omissions are minimized.
[Case Title: Sanjay Dubey V State of Madhya Pradesh & Anr]
Citation : 2023 LiveLaw (SC) 435
The Supreme Court recently held that the High Court even while deciding a bail application, has the power to issue other directions in the interest of justice, by virtue of its powers under Article 226 of the Constitution.
Supreme Court Dismisses Review Petitions Filed Against Judgment Upholding EWS Quota
[Case Title : Society for the Rights of Backward Communities vs Janhit Abhiyan and others]
Citation : 2023 LiveLaw (SC) 441
The Supreme Court has dismissed the review petition filed against the Constitution Bench judgment which upheld the validity of the 103rd Constitutional Amendment which introduced 10% reservation for Economically Weaker Sections (EWS) in education and public employment.
[Case Title: Y. Balaji v. Karthik Desari & Anr. | Special Leave Petition (Criminal) No. 12779-12781 of 2022 and other connected matters]
Citation : 2023 LiveLaw (SC) 440
A two-judge bench of the Supreme Court has turned down a plea to refer the judgment in Vijay Madanlal Choudhary vs Union of India, which upheld several provisions of the Prevention of Money Laundering Act 2002, to a larger bench.
[Case Title: Alpha G184 Owners Association V. Magnum International Trading Company Pvt. Ltd.]
Citation : 2023 LiveLaw (SC) 442
The Supreme Court has held that when a few consumers who have the same interest seeking the same relief file a joint complaint without any larger public interest involved, it need not be filed in a representative capacity in compliance with Order 1 Rule 8 CPC of the Code of Civil Procedure as required under Section 13(6) of the Consumer Protection Act.
[Case Title: M/S. Tata Motors Ltd. vs The Deputy Commissioner Of Commercial Taxes (SPL) & Anr.]
Citation : 2023 LiveLaw (SC) 443
The Supreme Court has ruled that a credit note issued by an automobile manufacturer to a dealer of automobiles, in consideration of the replacement of a defective part done by the dealer pursuant to a warranty agreement, is exigible to sales tax.
[Case Title: Magic Eye Developers Pvt. Ltd. v M/s. Green Edge Infrastructure Pvt. Ltd. & Ors.]
Citation: 2023 LiveLaw (SC) 444
The Supreme Court has held that under Section 11(6) of the Arbitration and Conciliation Act, 1996 , when the issue of ‘existence and validity of an arbitration agreement’ is raised at pre-referral stage, then the Court is duty bound to conclusively decide the issue.
[Case Title: Y. Balaji v. Karthik Desari & Anr. | Special Leave Petition (Criminal) No. 12779-12781 of 2022 and other connected matters]
Citation : 2023 LiveLaw (SC) 440
In a significant development increasing the jurisdictional remit of the Enforcement Directorate (ED), the Supreme Court has clarified that a criminal activity and the generation of the proceeds of crime are like ‘Siamese twins’ in the case of an offence of corruption and the acquisition of the proceeds of crime in such cases would itself tantamount to money laundering.
[Case Title: The Animal Welfare Board of India And Ors. v. UoI And Anr. WP(C) No. 23/2016]
Citation : 2023 LiveLaw (SC) 447
The Supreme Court upheld the constitutional validity of the State amendments made to the central law Prevention of Cruelty to Animals Act by the States of Tamil Nadu, Karnataka and Maharashtra to allow the conduct of animal sports like Jalikattu, Kambala and bull-cart racing in these respective States.
Insurance Company Must Give Cogent Reasons For Not Accepting Surveyor's Report: Supreme Court
[Case Title: National Insurance Company Ltd V. Vedic Resorts and Hotels Pvt. Ltd.]
Citation : 2023 LiveLaw (SC) 445
The Supreme Court has held that while the Surveyor's Report in a claim for insurance is not final and can be deviated from, it is necessary for the insurer to provide ‘cogent and satisfactory’ reasons for not accepting the report
[Case Title: KC Ninan vs Kerala State Electricity Board and others C.A 2109-2110/2004]
Citation : 2023 LiveLaw (SC) 453
In a significant judgment, the Supreme Court has held that electricity dues of the previous owner of a property can be recovered from the subsequent owner or an auction purchaser.
[Case Title: All India Judges Association v. UoI And Ors. WP(C) No. 643/2015]
Citation : 2023 LiveLaw (SC) 452
The Supreme Court provided a timeline for the Center and the States to pay retired judicial officers pension as per the enhanced pay scale as recommended by the Second National Judicial Pay Commission.
[Case Title: M/s. D.N. Singh vs Commissioner of Income Tax & Anr.]
Citation : 2023 LiveLaw (SC) 451
The Supreme Court has ruled that a thief cannot be recognised as the owner of the property within the meaning of Section 69A of the Income Tax Act, 1961. The top court observed that for Section 69A of the Income Tax Act to apply, it is indispensable that the Assessing Officer must find that the articles/ goods enumerated and covered under Section 69A, are owned by the assessee.
[Case Title: M/s. D.N. Singh vs Commissioner of Income Tax, Central, Patna & Anr.]
Citation : 2023 LiveLaw (SC) 451
The Supreme Court has ruled that bitumen cannot be treated as a ‘valuable article’ under Section 69A of the Income Tax Act, 1961.
[Case Title: Jini Dhanrajgir & Anr. v Shibu Mathew & Anr.]
Citation: 2023 LiveLaw (SC) 450
The Supreme Court has held that for applicability of Rule 102 Order XXI of the Civil Procedure Code, 1908 (“CPC”), the Executing Court would have to determine upon evidence whether the transfer of immovable property which was made post dismissal of suit, was made after institution of appeal/further litigation or not in order to attract the principle of lis pendens.
[Case Title: Kamukayi and ors v. Union of India and Ors]
Citation : 2023 LiveLaw (SC) 449
While discussing the provisions of the Railways Act, the Supreme Court has held that whenever any untoward incident happens occurs in the course of working of the railway, the Railway Administration is liable to compensate the passenger irrespective of whether there has been any wrongful act, neglect or default on the part of railway administration.
[Case Title: Umesh Rai@Gora Rai v. UOI]
Citation : 2023 LiveLaw (SC) 448
The Supreme Court recently disapproved of the action taken by the Allahabad High Court to list a matter for hearing before the same bench, which had failed to pronounce judgment within a period of six months after reserving it.
[Case Title: K. Chinnammal (Dead) Thr. Lrs. vs. L. R. Eknath & Anr.]
Citation : 2023 LiveLaw (SC) 437
The Supreme Court has ruled that failure to follow the direction of the Revenue Court regarding payment of rent, is a valid ground for effecting eviction of the cultivating tenant under Section 3 of the Tamil Nadu Cultivating Tenants Protection Act, 1955.
[Case Title: Raj Kumar @ Suman v. State (NCT of Delhi)]
Citation : 2023 LiveLaw (SC) 434
The Supreme Court recently opined that while recording the statement under Section 313 of CrPC in cases involving a large number of prosecution witnesses, the Judicial Officers should take benefit of Section 313 (5) of CrPC, which will ensure that the chances of committing errors and omissions are minimized.
[Case Title: Sanjay Dubey V State of Madhya Pradesh & Anr]
Citation : 2023 LiveLaw (SC) 435
The Supreme Court recently held that the High Court even while deciding a bail application, has the power to issue other directions in the interest of justice, by virtue of its powers under Article 226 of the Constitution
Supertech Insolvency : Supreme Court Approves 'Project Wise Resolution' Plan
[Case Title: Indiabulls Asset Reconstruction Company Limited v Ram Kishore Arora & Ors.]
Citation : 2023 LiveLaw (SC) 436
The Supreme Court has declined to grant any interim relief in respect of order passed by the National Company Law Appellate Tribunal (“NCLAT”) directing ‘project wise insolvency resolution process’ of Supertech Ltd.’s Eco Village-II project. The Bench has observed that constituting Committee of Creditors (CoC) for all the projects of Supertech Limited would affect the ongoing projects and cause hardship to the homebuyers.
[Case Title: All India Judges Association v. UoI And Ors. WP(C) No. 643/2015]
Citation : 2023 LiveLaw (SC) 452
The Supreme Court, in its judgement accepting various recommendations of the Second National Judicial Pay Commission (SNJPC) on pay, pension, gratuity, age of retirement etc. of judicial officers, remarked that the functions of District judges were essentially the same as High Court judges. Hence, the increase in the salary of the High Court judges should reflect in the pay scale of district judges in the same proportion.
[Case Title: M/s Glock Asia-Pacific Ltd. v Union of India]
Citation: 2023 LiveLaw (SC) 459
The Supreme Court, while adjudicating an application for appointment of arbitrator, has held that a contract entered into in the name of the President of India, does not create an immunity against the application of any statutory prescription imposing conditions on parties to an agreement, when the Government chooses to enter into a contract.
[Case Title: Sakshi Arha v. Rajasthan High Court And Ors.|SLP(C) No. 16428 of 2022| 18th May, 2023]
Citation: 2023 LiveLaw SC 460
The Supreme Court delivered split judgment in a matter pertaining to Rajasthan High Court denying appointment of applicants to the post of Civil Judge on the ground that they had submitted the category certificate beyond the cut-off date.
[Case Title: Prakash Nishad @ Kewat Zinak Nishad v. State of Maharashtra]
Citation : 2023 LiveLaw (SC) 461
The Supreme Court set aside the death sentence and life imprisonment imposed on a convict under Section 302 and 376 of IPC for allegedly raping and killing a six year old minor girl, on the ground that there were yawning gaps in the chain of circumstances establishing to the guilt of the accused and there were several irregularities and illegalities on the part of the agencies examining the case.
[Case Title: Captain Manjit Singh Virdi (Retd.) v. Hussain Mohammed Shattaf & Ors.]
Citation : 2023 LiveLaw (SC) 462
The Supreme Court set aside an order passed by the Bombay High Court which had discharged two murder accused persons, on the ground that the High Court did not refer to the evidence, in its entirety, collected by Investigating Agency produced along with charge-sheet.
Magistrate Can Direct Collection Of Voice Samples Of Accused : Supreme Court Reiterates
[Case Title: Pravinsinh Nrupatsinh Chauhan v. State Of Gujarat]
Citation : 2023 LiveLaw (SC) 463
Upholding the Gujarat High Court order to refuse interference in the order of the session judge directing the accused to give a voice sample to the police, the Supreme Court recently said that a Magistrate has the power to order the collection of a voice sample for the purpose of investigation.
[Case Title: Santhakumari & Ors. v State of Tamil Nadu & Anr.]
Citation: 2023 LiveLaw (SC) 465
The Supreme Court Bench comprising of Justice Hrishikesh Roy and Justice Manoj Misra, while adjudicating an appeal filed in Santhakumari & Ors. v State of Tamil Nadu & Anr., has reiterated that a proposed accused has a right to be heard in the revisional proceedings under Section 401 of the Code of Criminal Procedure, 1973 (“CrPC”).
[Case Title: M/s B and T AG v Ministry of Defence]
Citation: 2023 LiveLaw (SC) 466
The Supreme Court has held that the cause of action to appoint an arbitrator would commence from the “Breaking Point” at which any reasonable party would abandon efforts for at arriving at a settlement and contemplate referral of the dispute for arbitration. “Breaking Point” should be treated as the date at which the cause of action arose for the purpose of limitation.
Courts Should Not Ordinarily Interfere In Matters Relating To Tender Or Contract: Supreme Court
[Case Title: Tata Motors Limited v The Brihan Mumbai Electric Supply & Transport Undertaking (Best) And Ors]
Citation: 2023 LiveLaw (SC) 467
The Supreme Court has held that the Court should not ordinarily interfere in matters relating to tender or contract. A writ court should refrain from imposing its decision over the employer with respect to whether or not to accept the bid of a tenderer, unless something very gross or palpable is pointed out.
When Can A Provision Be Held To Be Clarificatory With Retrospective Effect? Supreme Court Explains
[Case Title: Sree Sankaracharya University of Sanskrit Vs. Dr. Manu]
Citation: 2023 LiveLaw (SC) 468
The Supreme held that for a subsequent order/provision/amendment passed to be considered a clarification to the original provision, it must not expand or alter the scope of the original provision and that the original must be sufficiently vague or ambiguous so as to require such clarification.
[Case Title: All India Judges Association v. UoI And Ors. WP(C) No. 643/2015]
Citation : 2023 LiveLaw (SC) 452
The inability of a judicial officer to reach the prescribed targets of disposal or not satisfying the quantitative norms during the initial stage of the career need not be viewed seriously.
[Case Title: M/s B and T AG v Ministry of Defence]
Citation: 2023 LiveLaw (SC) 466
The Supreme Court while adjudicating an application filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of arbitrator, has held that the limitation period of three years for filing such application would commence from the date when the cause of action arose.
[Case Title: Ramesh Chandra Vaishya v. State of Uttar Pradesh And Anr.| SLP(Crl) No. 1249/2023| 19th May, 2023]
Citation: 2023 LiveLaw SC 469
Before subjecting an accused to a trial for alleged commission of offence under Section 3(1)(x) of the the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, it is desirable that the caste related utterances are outlined either in the FIR or, atleast, in the chargesheet, said the Supreme Court recently.
[Case Title: All India Judges Association v. UoI And Ors. WP(C) No. 643/2015]
Citation : 2023 LiveLaw (SC) 452
Accepting a recommendation made by the Second National Judicial Pay Commission, the Supreme Court has directed that the increment which becomes due to the judicial officer on the day after his retirement may be notionally included in the calculation of his pension as his last pay, subject to the vertical ceiling of Rs. 2,24,100/.
[Case Title: The State of Karnataka & Ors. v Smt. Bharathi S.]
Citation: 2023 LiveLaw (SC) 472
The Supreme Court has held mere publication of a candidate’s name in the Additional List (waiting list) for the purpose of recruitment as a Primary School Teacher, will not create any right to be appointed in favour of such candidate.
[Case Title: Arti Dixit & Anr vs Sushil Kumar Mishra & Ors]
Citation : 2023 LiveLaw (SC) 472
The Supreme Court has upheld the decision of the Allahabad High Court that the security furnished by the judgment debtor in the form of a rented shop belonging to a third party, of which the surety was a tenant, cannot be accepted as a security in law.
[Case Title: Senthilbalaji V. vs A.P. Geetha & Ors.]
Citation : 2023 LiveLaw (SC) 471
The Supreme Court has ruled that failure to plead material facts concerning alleged corrupt practice is fatal to the election petition. The top court observed that when allegations of corrupt practice is made against an elected representative in an election petition, the proceedings virtually become quasi-criminal.
[Case Title: Ravi Mandal v. State of Uttarakhand and Shabbir v. State of Uttarakhand]
Citation : 2023 LiveLaw (SC) 470
The Supreme Court set aside the conviction of two murder convicts under Sections 302, 34, 201 of IPC and Sections 4, 25 of Arms Act, on the ground that the prosecution failed to prove beyond reasonable doubt that the deceased was last seen alive in the company of the accused near the spot at the relevant time.
[Case Title: Prakash Nishad @ Kewat Zinak Nishad v. State of Maharashtra]
Citation : 2023 LiveLaw (SC) 461
The Supreme Court recently while setting aside a death sentence imposed on a convict for allegedly sexually assaulting and killing a minor girl, observed that the samples when collected shall be sent to the laboratory without any delay so that the possibility of contamination and the concomitant prospect of diminishment in value can be ruled out.
No Adverse Observations Against Judicial Officers Without Due Opportunity: Supreme Court Reiterates
[Case Title: Ashvini Vijay Shiriyannavar v State Of Karnataka]
Citation : 2023 LiveLaw (SC) 458
The Supreme Court reiterated that orders making adverse observations with regard to the manner in which a judicial officer has exercised discretion in any matter should not be made without opportunity to the person concerned whose career and esteem will be affected.
[Case Title: Central GST Delhi – III vs Delhi International Airport Ltd]
Citation : 2023 LiveLaw (SC) 457
The Supreme Court has ruled that “user development fee” (UDF) levied and collected by the airport operation, maintenance, and development entities from passengers departing the concerned airports, is a statutory levy, and thus, it is not subjected to levy of service tax under the provisions of the Finance Act, 1994.
[Case Title: Dhanraj Versus Vikram Singh & Ors. | Civil Appeal No. 3117/2009]
Citation : 2023 LiveLaw (SC) 456
The Supreme Court of India recently said that in the absence of specific pleadings, a writ court can't get into the issues of repugnancy or lack of legislative competence. It added that unless the statutory provision is declared unconstitutional, its implementation cannot be stopped.
Conducting Survey Is Prerequisite Before Declaring Property As Wakf: Supreme Court
[Case Title: Salem Muslim Burial Ground Protection Committee v.State of Tamil Nadu]
Citation : 2023 LiveLaw (SC) 454
While dismissing the appeal seeking recognition of the land as wakf property,the Supreme Court observed that conducting the survey under Section 4 of the Wakf Act,1954 before declaring a property as “wakf property” is a sine qua non.
Remedies Against Third-Parties Not Available Under Section 66 Of IBC: Supreme Court
[Case Title : Glukrich Capital Pvt Ltd vs The State of West Bengal]
Citation : 2023 LiveLaw (SC) 464
The Supreme Court affirmed that the remedy against third party is not available under Section 66 of IBC, and in such circumstances, it is for the Resolution Professional or the successful resolution applicant to take such civil remedies against third party for recovery of dues payable to corporate debtor, and the civil remedies which may be available in law are independent of the said Section.
News Updates
Responding to a PIL filed to direct the Law Commission of India to prepare a draft on anti-conversion law, the Tamil Nadu Government has submitted before the Apex Court that Anti-conversion laws are prone to misuse against minorities.
The Supreme Court agreed to hear on May 8 a petition filed challenging the decision of the Bihar Government to grant premature release to former Bihar MP Anand Mohan in the case for the mob lynching of Gopalganj District Magistrate G Krishnaiah in 1994.
The Supreme Court of India allowed the withdrawal of a petition seeking the ban of political parties which use names and symbols with religious connotations.
P&H HC Lawyers' Plea For Hybrid Hearings : Supreme Court Says HC May Consider On Administrative Side
In a plea challenging the Punjab and Haryana High Court's decision to completely prohibit access to hybrid hearings following the resumption of physical hearings, the Supreme Court granted petitioners the liberty to move to the Chief Justice of Punjab and Haryana High Court to address the grievance on an administrative side.
The central government informed the Supreme Court that it was in the process of re-examining Section 124A of the Indian Penal Code and that the said process was in an advanced stage.
Whether a legislator's suspension due to conviction in a criminal case should be based on the moral turpitude involved in the offence? The Supreme Court raised this query while hearing Samajwadi Party leader Mohammed Abdullah Azam Khan's plea to stay the conviction in a case, which resulted in his disqualification as a member of the UP legislative assembly.
The Supreme Court agreed to constitute a three-judge bench on May 4 to consider Centre's application seeking the recall of the recent judgement of a two-judge bench of the Apex Court in Ritu Chhabaria v. Union of India And Ors.
Supreme Court To Hear Plea Against Demolition Drive In Tughlakabad Area
The Supreme Court refused to stay the demolition drive to remove encroachment from Tughlakabad area in South Delhi.
The Supreme Court of India took strong exception to the promotions granted to district judges in Gujarat by a government notification in March, during the pendency of a plea challenging the names recommended by the High Court.
In a plea filed by Delhi Chief Minister Arvind Kejriwal, the Supreme Court, extended the interim relief of staying the trial proceedings in a 2014 case registered against him for allegedly saying "those who believe in 'Khuda' won't be pardoned by 'Khuda' if they vote for BJP" during an election campaign.
The Supreme Court asked the Additional Solicitor General, SV Raju, to seek instructions from the appropriate Ministry of the Government of India with respect to the plea seeking release of two Uzbek nationals from detention centre (Bihar Institute of Correctional Administration), who had already been granted release order by the Trial Court.
The Supreme Court rejected the plea of 2008 Bangalore blasts case accused Abdul Nasser Maudani challenging Karnataka government's demand that he should deposit over Rs 56 lakhs to provide security cover to him during his stay in Kerala for a period of nearly three months.
The Supreme Court granted two more weeks to the Union Government to place on record its stand regarding whether the constitutional scheme of one-third reservation for women in municipal and town council elections can be violated by the Nagaland Government by repealing the Nagaland Municipal Act 2001.
In a major relief to the Chhattisgarh government, the Supreme Court of India stayed the Chhattisgarh High Court’s order declaring the state government’s move of giving 58 per cent reservation as ‘unconstitutional’.
The Supreme Court imposed cost on a litigant who had filed a writ petition upon dismissal of his review petition to reopen his case claiming that injustice has been done to him.
Supreme Court Expresses Disinclination To Entertain Plea To Stop Release Of 'The Kerala Story' Movie
The Supreme Court expressed disinclination to consider an interlocutory application challenging the release of movie "The Kerala Story". A bench comprising Justices KM Joseph and BV Nagarathna observed that challenging the release of a movie through an interlocutory application is not an appropriate remedy.
The Central Government informed the Supreme Court that it was considering forming an expert committee to determine if the execution of death penalty through hanging was proportionate and if there were other better suited alternatives for executing the death penalty.
The Supreme Court appointed its former judge Justice L. Nageswara Rao to take over the process of considering the draft Constitution of the All India Football Federation (AIFF) along with all suggestions, comments, and objections made by the stakeholders to the said Constitution.
The Supreme Court dismissed the special petition filed by the Delhi Police challenging the bail granted by the Delhi High Court to student activists Devangana Kalita, Natasha Narwal and Asif Iqbal Tanha in the Delhi riots larger conspiracy case.
The final hearing in Bilkis Bano's case could not take place in the Supreme Court as scheduled, after lawyers appearing for some of the convicts raised disputes against Bano's affidavit regarding service of notice. Bano has approached the Supreme Court challenging the decision of the Gujarat Government to allow the premature release of convicts who were sentenced to life for gang rapes and murders during the 2002 Gujarat riots.
Islamic clerics organisation Jamiat Ulama-I-Hind has moved the Supreme Court seeking to ban the screening or release of the movie ‘The Kerala Story’ at theatres, OTT platforms and other such avenues on the ground that the movie is likely to cause hatred and enmity between different sections of society in India.
The Supreme Court adjourned to May 12, the hearing in a challenge against the Kerala High Court suspending the conviction of parliamentarian Mohammed Faizal.
Supreme Court Directs To Send Sessions Judge For Training As He Was Not Following Judgments On Bail
While considering compliance of its directions in Satender Kumar Antil v. CBI, the Supreme Court from illustrative cases mentioned by the Amicus Curiae, Amicus Curiae Siddharth Luthra identified a Judge of a Sessions Court in Lucknow, who the bench felt that should be sent to the judicial academy for upgradation of his skill.
A Special Leave Petition has been filed in the Supreme Court against the Gauhati High Court’s refusal to entertain the PIL filed in 2021 seeking independent investigation of alleged fake encounters in Assam.
The Supreme Court was informed that despite issuing an important clarification to an apex court bench regarding the eligibility of a surrogate mother under the existing surrogacy laws in the country, no notification or office memorandum to that effect had been passed by the central government.
The Supreme Court Collegium on May 2 recommended the elevation of Advocate Firdosh Phiroze Pooniwalla as a judge of the Bombay High Court, overruling the objection raised by the Intelligence Bureau that his senior has written an article in 2020 expressing concerns over the state of freedom of speech and expression in the country.
After initially expressing their reluctance to share information pertaining to the remission of the 11 life convicts in the Bilkis Bano case, the Centre and the Gujarat government both did a volte-face and agreed to place the original records before the Supreme Court of India.
The Supreme Court refused to entertain writ petitions filed against the controversial movie "The Kerala Story", and granted liberty to the petitioners to move the Kerala High Court, where a similar petition is already pending.
In a significant development in the issue of same-sex marriages, the Solicitor General of India informed the Supreme Court that the Central Government is agreeable to constituting a committee to examine whether certain legal rights can be granted to same-sex couples, without legal recognition of their relationship as a "marriage".
Considering a plea seeking the inclusion of disabled people to the IPS, DANIPS as well as IRPF, the Supreme Court asked the Centre to detail out the nature of particulars pertaining to entry-levels posts and the job profiles of persons who have been recruited into the Indian Police Service, Indian Railways Protection Force Service and Delhi, Daman & Diu, Dadra and Nagar Haveli, Andaman and Nicobar Islands and Lakshadweep Police Service.
In the petition moved by top women wrestlers of the country seeking registration of a FIR against Wrestling Federation of India (WFI) president Brij Bhushan Sharan Singh over alleged sexual harassment, the petitioners have sought permission to file an additional affidavit in a sealed cover.
Money Bill Issue : CJI DY Chandrachud Says Will Consider Forming 7-Judge Bench
Chief Justice of India DY Chandrachud orally remarked that constituting a seven-judge bench to hear the constitutional issue regarding money bills is on his mind. The remark was made upon a mentioning made by Senior Advocate AM Singhvi.
A bench of the Supreme Court of India comprising Justice Dinesh Maheshwari, who is set to demit office on May 15, directed a batch of petitions seeking a ban on the commercial cultivation of indigenously developed genetically modified mustard to be placed before the chief justice to be reassigned.
'Is There No Other Competent Person?': Supreme Court Asks Centre On ED Director's Term Extension
"Is there no other competent person in the entire agency?" the Supreme Court asked Solicitor-General for India Tushar Mehta, in response to his submission that Enforcement Directorate chief Sanjay Kumar Mishra's tenure had been extended to ensure continuity in leadership ahead of the FATF peer review later this year.
While hearing the marriage equality petitions CJI DY Chandrachud orally remarked that the court had to go by constitutional mandate and could not act based on popular morality.
The Supreme Court dismissed the election petition which has been filed in the Madras High Court challenging the election of Dravida Munnetra Kazhakam MP Kanimozhi in the 2019 Lok Sabha polls.
CJI DY Chandrachud Says He Has Written To High Court Chief Justices On Hybrid Hearings
Chief Justice DY Chandrachud orally remarked that he was taking administrative actions to ensure access to hybrid hearings in various High Courts. The remark came upon a mentioning made by Advocate Siddharth Gupta concerning hybrid hearings.
The Supreme Court issued notice in bail pleas filed by Jyoti Jagtap and Professor Shoma Sen, accused in the Bhima Koregaon-Elgar Parishad Case under the anti-terror law, the Unlawful Activities (Prevention) Act (UAPA).
The Supreme Court closed the petition filed by three women wrestlers, who have represented the country in prestigious international events, taking note of the fact that FIRs have been registered by the Delhi Police against Wrestling Federation of India (WFI) president Brij Bhushan Sharan Singh over alleged sexual harassment.
In a matter concerning remission of convicts in the State of Uttar Pradesh, the Supreme Court bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala directed a meeting to be held between between the Secretary of the National Legal Services Authority (NALSA), counsels in the matter, Director General, Prisons (DGP), and Principal Secretary, Prisons to fine tune the modalities to be prescribed for ensuring the timely consideration for cases of premature release.
The Supreme Court again refused to entertain a plea against the controversial movie "The Kerala Story".
In the matter pertaining to the infringement of freedom of movement of the Mao Community of Manipur caused by the blockade and quit notice imposed by the Southern Angami Public Organisation (SAPO) of Nagaland, Solicitor General Tushar Mehta on informed the Supreme Court that as per his instructions, the issue had been resolved.
Supreme Court Rejects Challenge To Section 62(5) RP Act Which Denies Prisoners Right To Vote
The Supreme Court refused to entertain a PIL challenging Section 62(5) of the Representation of the People Act, 1951 and seeking for right to vote for prisoners. The court noted that Section 62(5) had already been upheld by the Supreme Court on two separate occasions.
In a PIL seeking directions to Centre and States to take steps for the artificial insemination of non-descript indigenous Cows using the semen from pure/descript Indigenous Breeds as opposed to 'Exotic' Foreign Breeds, the Supreme Court remarked that an appropriate remedy may be approaching the competent government departments.
The Supreme Court stayed an order of the Allahabad High Court which had directed the schools in Uttar Pradesh to refund or adjust 15% of excess fees charged during the 2020-21 academic session, amid the COVID-19 period. The schools were forced to remain shut during the pandemic.
Adult sex workers are being treated like criminals in most states and not being allowed to leave the protective homes under the Immoral Traffic (Prevention) Act despite the Supreme Court’s directions to the contrary, amicus curiae and senior advocate Jayant Bhushan told the top court.
The Supreme Court refused to entertain a petition seeking to challenge the legality of Section 8(3) of the Representation of the People Act, 1951. Section 8(3) states that any person convicted of any offence and sentenced to imprisonment for not less than two years shall be disqualified as a Member of Parliament or a Member of a Legislative Assembly.
The Supreme Court deferred the hearing of the plea involving interpretation of Section 29A of the Representation of People’s Act, 1951 (RP Act) as to whether the Election Commission of India is empowered to de-recognise political parties formed by convicted persons.
Supreme Court Seeks Update From Centre On Sex Workers' Rehabilitation Bill
The Supreme Court orally sought an update from the Centre on the status of a proposed bill on the prevention of trafficking, and the rehabilitation of sex workers. “Once that act is enacted, many of the aspects will be taken care of.”
Supreme Court Notifies Vacation Benches [Read About Composition of Vacation Benches]
The Supreme Court of India notified the benches that will hear cases during the summer vacation commencing from May 22 to July 2. Chief Justice DY Chandrachud, in the exercise of his powers under the Supreme Court Rules, 2013, had directed that the top court will close for vacation later this month and reopen again in the first week of July.
The Supreme Court extended its interim order which directed that any application filed before any court seeking default bail on the basis of Ritu Chhabaria v. Union of India And Ors. should be deferred, till May 12, 2023.
The Supreme Court on May 4 decided to set aside an order by a magistrate in Kolkata directing a police investigation into an allegation of gang rape and criminal intimidation against Bharatiya Janata Party leader Kailash Vijayvargiya and others.
The Chairman of the Hill Areas Committe (HAC) of the Manipur Legislative Assembly, Dinganglung Gangmei, has approached the Supreme Court challenging the Manipur High Court order in relation to Scheduled Tribe status for the Meetei/Meitei community as a tribe of Manipur.
The Supreme Court bench comprises Justices M.R. Shah and C.T. Ravikumar has ruled that an inter-se dispute on the validity of the sale deed executed between the defendants in respect of the suit land, cannot be considered in the suit for possession instituted by the plaintiff on the basis of a registered sale deed executed in its favour, as it would amount to adjudication of a right or a claim by way of counter-claim by one defendant against his co-defendant, which cannot be permitted by virtue of Order VIII Rule 6A of the Code of Civil Procedure, 1908 (CPC).
The petitioners who have filed a petition in the Supreme Court alleging widespread attacks against Christians in the country have urged the Court to appoint a monitoring agency to effectively supervise the criminal investigations taking place in "troubled spots" in the country.
The Supreme Court refused to entertain the petition filed by YouTuber Manish Kashyap seeking to club the FIRs registered against him in Bihar and Tamil Nadu over spreading fake news about the attacks on Biharis in Tamil Nadu through fake videos uploaded in his YouTube channel.
Srinivas BV, National President of Indian Youth Congress, has approached the Supreme Court seeking relief in respect to the FIR registered in Assam on a sexual harassment complaint lodged by an expelled party member.
The Supreme Court of India asked the Trial Court to complete trial in the Malayalam actor assault case by July 31.
The Supreme Court issued notice in a petition challenging the decision of the Bihar Government to grant premature release to former Bihar MP Anand Mohan in the case for the mob lynching of Gopalganj District Magistrate G Krishnaiah in 1994.
The Supreme Court expressed its strong displeasure at a Bar Association for passing resolutions to obstruct the work of lawyers appointed as volunteers under the Legal Aid Defence System of the National Legal Services Authority.
The Campaign for Judicial Accountability and Reforms (CJAR) urged the Supreme Court to recall its order deferring grant of default bails to accused all across the nation, on the basis of findings in the recent judgment of Ritu Chhabaria v. Union of India.
While recording the statement of the Union Government that no violence has taken place in the State of Manipur during the last two days and that normalcy is returning to the State, the Supreme Court asked it to ensure that due arrangements are made in relief camps in terms of food and medicines. The Court further told the Union Government to ensure that steps are taken to rehabilitate displaced persons and to protect places of worship.
The Supreme Court reserved judgment on a batch of petitions challenging the third extension given to the term of Enforcement Directorate chief SK Mishra and also the Central Vigilance Commission (Amendment) Act, 2021. A three-judge bench of Justices BR Gavai, Vikram Nath, and Sanjay Karol heard the matter.
The Supreme Court on issued notice in the special leave petition filed by M Sivasankar, former Principal Secretary to the Chief Minister of Kerala, in the money laundering case in connection with the LIFE ((Livelihood, Inclusion and Financial Empowerment) Mission corruption case. LIFE project is a housing project initiated by the Kerala Government for the homeless.
40% Of Litigation By Centre & States Unnecessary & Frivolous: Supreme Court
The Supreme Court orally expressed its disapproval over the central and the state governments’ practice of filing ‘frivolous’ and ‘unnecessary’ appeals.
Supreme Court Reserves Order In Petition Challenging Promotion Of District Judges In Gujarat
The Supreme Court reserved order in a petition challenging the recommendations for the promotion of the District Judges in Gujarat.
Supreme Court Issues Corrigendum Regarding Vacation Benches [Read About Updated List]
The Supreme Court of India issued a corrigendum with respect to the composition of the benches that will hear cases during the summer vacation commencing from Monday, May 22 to Sunday, July 2. The only changes are with respect to the inter se ordering of the benches in two particular slots (May 22 - May 28, and June 26 - July 2), depending on the seniority of the presiding judges.
The Supreme Court today issued notice to the Director General of Civil Aviation (DGCA) in the plea filed by the 72-year-old victim in the Air India urination incident who has sought directions to the DGCA and Airline companies to lay down SoPs and regulations to deal with incidents of passenger misconduct on board.
Supreme Court Rejects Bail Plea Of Former UP MLA Kamlesh Pathak In Gangster Act Case
The Supreme Court refused to entertain the bail plea filed by former Uttar Pradesh Legislative Assembly member Kamlesh Pathak in the Gangster Act Case registered against him. Pathak approached the Apex Court challenging the order of the Allahabad High Court denying bail.
The Supreme Court directed the Registrar of the Allahabad High Court to forthwith file a report on status of a criminal appeal filed in 2014 that has been awaiting pronouncement by the High Court since August 2022.
The Supreme Court orally remarked that the High Court of Manipur did not have the remit to direct the state government to recommend a tribe for the Scheduled Tribes List. The remark came while a bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala was hearing the matters pertaining to the ongoing unrest in the State of Manipur.
The Supreme Court dismissed a plea filed by the Directorate of Enforcement challenging the order of the Delhi High Court granting bail to former Mumbai Police Commissioner Sanjay Pandey in a money laundering case related to the alleged illegal phone tapping of employees by National Stock Exchange (NSE).
Inclusion of live-in couples and queer couples within the ambit of the Surrogacy Act would open the scope of ‘misuse’ of such facilities and it would be difficult to ensure the best future for the child born through surrogacy, the Centre has told the Supreme Court.
The Supreme Court agreed to list on May 15 2023 a plea challenging the Kerala High Court order refusing to stay the release of the controversial film 'The Kerala Story', which hit theatres on May 5 2023. The plea moved by journalist Qurban Ali was mentioned by Senior Advocate Kapil Sibal before a bench comprising CJI DY Chandrachud and Justice PS Narasimha.
The Supreme Court questioned the Bar Council of India on the steps to be taken to ensure that advocates do not go on strikes, abstaining from court work.
The Supreme Court expressed its disapproval of the public comments being made by public functionaries on the Karnataka Muslim OBC reservation matter, when the same issue is pending adjudication before the Court.
The Supreme Court has deprecated the practice of NCLAT whereby physical filing of appeals has been made mandatory in addition to e-filing of appeals.
The Supreme Court of India, while hearing a batch of petitions seeking legal recognition for same sex marriages in India, observed that the Indian Constitution itself is a "tradition breaker".
Transcripts Of Court Proceedings Will Be Made Available In Regional Languages : CJI DY Chandrachud
CJI DY Chandrachud orally remarked that the Supreme Court had been, on an administrative side, working towards making transcripts of court proceedings available in regional languages.
The Supreme Court reserved orders on a plea moved by former IPS Officer Sanjiv Bhatt seeking the recusal of Justice MR Shah from hearing his case.
The Supreme Court of India adjourned to July 11, the hearing in a set of pleas against the premature release of the life convicts in the Bilkis Bano case. In light of the petitioners' submission that one of the respondents could not be found to complete the service of notice, the bench directed steps to be taken to serve him with a fresh notice, and to publish a public notice in two daily Gujarati newspapers.
The makers of the controversial film 'The Kerala Story' have approached the Supreme Court challenging the decision of the West Bengal Govt to ban the movie. They also allege that the movie is facing a 'shadow' ban in Tamil Nadu and seek protection for screening the film in the southern state.
The Supreme Court Constitution bench comprising CJI DY Chandrachud, Justice Sanjay Kishan Kaul, Justice S Ravindra Bhat, Justice Hima Kohli, and Justice PS Narasimha continued hearing the marriage equality petitions.
Supreme Court judge KM Joseph referred to India’s plummeting rank in the World Press Freedom Index published by non-profit organisation Reporters sans Frontières (RSF) earlier this month. India has fallen to the 161st position out of 180 countries as per the 2023 edition of the index, slipping down 11 notches.
Future Coupons Case: Supreme Court Stays CCI’s Notice To Amazon On Rs 200 Crore Penalty
In relief to the e-commerce giant, Amazon.com NV Investment Holdings LLC, the Supreme Court on May 8 stayed the Rs. 200 crore penalty imposed by the Competition Commission of India on the former in the Future coupons case.
The Supreme Court sought the stand of the Lakshadweep administration on a plea which challenged the removal of meat and chicken from Mid-day meal scheme in island Union Territory.
The Supreme Court agreed to hear on May 12 the petition filed by the makers of the controversial film 'The Kerala Story' challenging the decision of the West Bengal Govt to ban the movie. Senior Advocate Harish Salve mentioned the matter before a bench comprising Chief Justice of India DY Chandrachud and Justice PS Narasimha seeking urgent listing.
Supreme Court Judge Justice MR Shah Refuses To Recuse From Hearing Sanjiv Bhatt's Plea
The Supreme Court dismissed the plea moved by former IPS Officer Sanjiv Bhatt seeking the recusal of Justice MR Shah from hearing his case.
The Supreme Court dismissed the petition filed by former IPS officer Sanjiv Bhatt seeking to produce additional evidence in the criminal appeal pending in the Gujarat High Court against his conviction and sentence in a 1990 custodial death case.
Supreme Court Rejects Plea Seeking Recusal Of CJI DY Chandrachud From Hearing Same-Sex Marriage Case
The Supreme Court rejected an application by an intervenor named seeking the recusal of Chief Justice of India DY Chandrachud from hearing the petitions seeking legal recognition for same-sex marriages.
The Supreme Court Collegium has recommended to elevate Advocate Arun Kumar as a Judge of the Allahabad High Court.
Solicitor-General for India Tushar Mehta told the Supreme Court that only seven states had responded to central government’s April 18 letter inviting comments and views on the ‘seminal issues’ raised in the marriage equality petitions.
Will Take a Call On Compensating Amicus Curiae In Forest Matter, Says Supreme Court
Supreme Court judge BR Gavai revealed that the top court would soon ‘take a call’ on compensating K Parameshwar, advocate and amicus curiae in the omnibus forest protection matter (TN Godavarman) in terms of the payment received by empanelled counsel of the Union of India.
On the ninth day of the argument in the marriage equality case, the Supreme Court discussed the rights of adoption granted to different family types including people living in live-in relationships and single parents.
In the matter pertaining to marriage equality in India, on the ninth day of the arguments, Senior Advocate Dr AM Singhvi submitted before the Supreme Court his rejoinder arguments.
The Bihar Government has moved the Supreme Court with a Special Leave Petition (SLP) challenging the Patna High Court's May 4 order putting an interim stay on the caste-based survey in the state. In its order, the HC also stayed dissemination of the information collected to the political parties, calling it a matter concerning right to privacy.
The Supreme Court issued notice in a miscellaneous application seeking compliance of the judgment of the Apex Court in Anuradha Bhasin v. Union of India And Ors. wherein it had laid down guidelines with respect to internet shutdown.
On the final day of hearings in the marriage equality case before the Supreme Court, the counsels for petitioners argued their rejoinder submissions on rights of queer couples to adopt and raise children, on workability of relief sought by the petitioners, and on statutory interpretation among other things.
The Constitution bench comprising Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul, Justice S Ravindra Bhat, Justice Hima Kohli and Justice PS Narasimha today reserved its judgement in the petitions seeking for marriage equality for queer persons in India. This article details rejoinder submissions made by counsels for petitions.
Plea In Supreme Court Seeks Additional Stop For 'Vande Bharat' Train In Kerala
A lawyer has moved the Supreme Court against the Kerala High Court's dismissal of the plea seeking issuance of a direction to the Southern Railways to permit a stop for the 'Vande Bharat Train Service' at Tirur Railway Station in Malappuram District.
CJI DY Chandrachud Launches 'E-Sewa Kendras' In Supreme Court To Help Parties With E-Filing
Chief Justice of India DY Chandrachud today announced the launch of 'e-filing 2.0' and 'e-Sewa Kendra and Facilitation Centre' in the Supreme Court.
The Supreme Court clarified that its judgment, which mandated that borrowers should be heard by banks before their accounts are classified as fraudulent in terms of the RBI master circulars, did not mean that they should be personally heard.
The Supreme Court issued notice to the States of West Bengal and Tamil Nadu on a writ petition filed by the makers of the controversial film 'The Kerala Story' challenging the decision of the West Bengal Government to ban the movie. The makers also alleged that the movie was facing a 'shadow' ban in Tamil Nadu and sought protection for screening the film in the southern state.
The Supreme Court adjourned to May 15 the hearing of the application filed by the Securities and Exchange Board of India (SEBI) seeking six months more time to complete its probe into allegations made by US-based short seller firm Hindenburg Research against Adani group companies about stock price manipulations.
The Supreme Court clarified that its interim order which directed that any application filed before any court seeking default bail on the basis of Ritu Chhabaria v. Union of India And Ors. should be deferred, shall not preclude any trial courts or High Courts from considering applications for grant of default bail independent of and without relying on the judgement in Ritu Chhabaria.
In a plea challenging the high enrollment fee charged by state bar councils for new lawyers, the Supreme Court asked how could the State Bar Councils charge more than the fee prescribed by Section 24(1)(e) of the Advocates Act 1961, which prescribe that the enrolment fee payable to the State Bar Council is Rs 600 and the Bar Council of India is Rs 150.
The Supreme Court issued notice in a plea by an Indian Police Service (IPS) officer named Aditya Kumar who allegedly persuaded a suspected conman to pose as the chief justice of Patna High Court in order to dupe the director general of police to drop a corruption case against him.
Supreme Court Bids Farewell To Justice Dinesh Maheshwari
Judge of the Supreme Court Justice Dinesh Maheswari speaking at the farewell function organised by the Supreme Court Bar Association (SCBA) on the occasion of his retirement said “A judge doesn’t stand for the plaintiff or the defendant or the complainant or the accused. Just look at the cause and nothing else. Nothing else matters for a judge.”
The Delhi Government has again approached the Supreme Court complaining that the Union Government is not approving its decision to transfer a Secretary, despite a Constitution Bench upholding the powers of the Delhi Government to control services (except those related to public order, police and land).
The Supreme Court considered a special leave petition filed by some of the victims of the 2008 Jaipur serial bomb blasts challenging the judgment of the Rajasthan High Court which acquitted four persons who were convicted to death by the trial court in the case.
Speaking at a lecture organised by Aligarh Muslim University on ‘Supreme Court and the Evolution of the Indian Constitution’, Judge of the Supreme Court, Justice Krishna Murari said that “an important facet of protection of fundamental rights and constitutional values is the role played by the members of the bar over the years. Their contribution to the development of constitutional law and jurisprudence is monumental.”
'Not Someone To Retire, Will Start My New Innings': Justice MR Shah On Last Working Day
In the honour of Justice MR Shah, who is set to retire from his position as a Supreme Court judge a ceremonial bench headed by CJI DY Chandrachud was organised in the Supreme Court. While giving his final speech in the Supreme Court as a sitting judge, Justice MR Shah stated that he would soon be starting his "new innings".
Supreme Court Rebukes DRT Presiding Officer Chandigarh For Challenging P&H High Court Order
The Supreme Court on May 12 rebuked the Presiding Officer of Debts Recovery Tribunal Chandigarh for filing a special leave petition against an order of the Punjab and Haryana High Court. The DRT Presiding Officer approached the Court alleging that the High Court had passed adverse remarks against him affecting his credibility and reputation.
The Supreme Court on May 12 granted interim relief to BJP MLA from Arunachal Pradesh Dasanglu Pul, whose election to the assembly was declared void by the Gauhati High Court on April 25.
In a rejoinder affidavit filed by the the Securities and Exchange Board of India (SEBI) in the Supreme Court, the apex regulatory body has given additional reasons for seeking more time to probe into the Adani-Hindenburg issue.
The Supreme Court granted time to the Commissioner, Delhi Police to file a counter affidavit in a plea filed by Communist Party of India (Marxist) leader Brinda Karat seeking registration of FIR against BJP leaders Anurag Thakur and Parvesh Verma for allegedly delivering hate speeches in 2020.
The Supreme Court granted four weeks’ time to the National Investigation Agency (NIA) to file a counter affidavit with respect to the change in location of house arrest of the human rights activist Gautam Navlakha, an accused in the Bhima Koregaon case.
The Supreme Court dismissed the Special Leave Petition filed by Bombay Lawyers Association challenging High Court's order dismissing its PIL against Vice President Jagdeep Dhankhar and Law Minister Kiren Rijiju for their remarks in public about the basic structure doctrine evolved by the Top Court and the Collegium system for appointment of Judges. The Apex Court noted, “we believe that the High Court’s view is correct.”
The Supreme Court refused early listing of application filed by a Judge of a Sessions Court in Lucknow, who was recently asked by the Supreme Court to be sent for Training as he did not follow the law laid down by the Apex Court in Satender Kumar Antil v. CBI. In Antil, the Apex Court had laid down guidelines on the aspect of grant of bail to accused who are not arrested during investigation on charge sheet being filed.
In a plea filed by the makers of the controversial movie 'The Kerala Story' against the alleged 'shadow ban' of the movie in the State of Tamil Nadu, the state of Tamil Nadu has filed a counter affidavit refuting the claims of the makers and stating that they have made deliberate false statements implying that Tamil Nadu has prevented the public exhibition of the film.
The Supreme Court has adjourned to July 10 the application filed by the Securities and Exchange Board of India (SEBI) seeking six months more time to complete its probe into allegations made by US-based short seller firm Hindenburg Research against Adani group companies about stock price manipulations.
The Supreme Court of India issued notice in a plea for a probe by the Central Bureau of Investigation (CBI) into an alleged fake encounter of a Dalit youth, Lovely Kandara, by the Jodhpur police.
Vacation Benches Will Hear Fresh Admission Matters, Hybrid Hearings Possible : CJI DY Chandrachud
In the last week of Supreme Court's working before the summer vacations begin, CJI DY Chandrachud informed the lawyers that the vacation benches will be taking up fresh admission matters and hybrid hearings will be permitted before the vacation benches for the convenience of the parties.
The Supreme Court adjourned to July the petition filed by former Maharashtra Minister Nawab Malik, who is in jail since February 23, 2022 following his arrest in a money laundering case by the Directorate of Enforcement.
The Supreme Court allowed a batch of appeals against an order of the Madras High Court ordering a fresh enquiry into the cash-for-jobs scam, in which the Tamil Nadu minister and DMK MLA V Senthil Balaji, among others, has been accused of accepting bribes from job aspirants in exchange of appointments to the state transport corporation between 2011 and 2015.
The Supreme Court collegium has recommended the names of Chief Justice Prashant Kumar Mishra of the Andhra Pradesh High Court and Senior Advocate KV Viswanathan to be appointed as judges of the top court, in order to fill the vacancies left behind by now-retired judges Dinesh Maheshwari and MR Shah.
Gujarat Judges Whose Promotions Were Stayed Seek Urgent Hearing Before Supreme Court
The Gujarat judicial officers whose promotion as District Judges in the State of Gujarat was stayed last week approached the Supreme Court seeking for an early listing of their matter after the High Court of Gujarat reversed their promotions.
Senior Advocate KV Viswanathan – the Supreme Court collegium’s pick for a judgeship – would go on to become the Chief Justice of India, following seven other judges in line after the incumbent chief justice DY Chandrachud.
Defending the ban imposed on the controversial movie "The Kerala Story", the State of West Bengal told the Supreme Court in its affidavit that the film is based on “manipulated facts and contains hate speech in multiple scenes that may hurt communal sentiments and cause disharmony between the communities”.
Supreme Court Collegium Skips Over Allahabad HC CJ To Pick Andhra HC CJ for SC Judgeship
While making its recent recommendation for Supreme Court judgeship, the top court’s collegium – headed by Chief Justice DY Chandrachud – has skipped over the Allahabad High Court’s chief justice, Pritinker Diwaker, who is ahead of the top court’s nominee, Chief Justice Prashant Kumar Mishra, in terms of seniority. Both judges were originally appointed to the Chhattisgarh High Court.
The Supreme Court, on May 16, asked the State Governments and Union Territories to file their response in the suo motu case registered by it to curb the large number of possession and use of unlicensed firearms in the country.
The Supreme Court granted interim anticipatory bail to BV Srinivas, National President of Indian Youth Congress in respect to the FIR registered in Assam on a sexual harassment complaint lodged by a member.
Supreme Court judge Justice Sanjay Karol recused from hearing the petition filed by State of Bihar challenging the interim order of the Patna High Court staying Bihar Government’s decision to conduct a caste-based survey in the State.
Adani-Hindenburg : Supreme Court Extends Deadline For SEBI Probe Till August 14
The Supreme Court extended the time for the Securities and Exchange Board of India (SEBI) till August 14, 2023 to complete its probe into allegations made by US-based short seller firm Hindenburg Research against Adani group companies about stock price manipulations.
The Supreme Court reserved its judgement on the issue whether the Lieutenant Governor (LG) of Delhi can nominate aldermen (nominated members) to the Municipal Corporation of Delhi without the consent of the Delhi Government.
Supreme Court To Hear CBI's Plea Against Karnataka Congress Leader DK Shivakumar In July
The Supreme Court adjourned a plea filed by the Central Bureau of Investigation (CBI) assailing an interim order passed by the Karnataka High Court staying CBI proceedings against DK Shivakumar, President of Karnataka Pradesh Congress Committee in a corruption case.
In the matter pertaining to unrest in the State of Manipur, the Supreme Court, made certain strong remarks against the High Court's direction to the State government to consider the inclusion of Meitei community in the Scheduled Tribes List.
The Supreme Court ordered that the four persons, who were acquitted by the Rajasthan High Court in the 2008 Jaipur bomb blasts case, be released if their detention is not required in any other case.
Supreme Court Adjourns Hearing in Hate Speech Matter to August
The Supreme Court of India adjourned to August, the hearing in a batch of pleas seeking action with respect to various instances of hate crimes, including hate speech, across the country.
The Supreme Court refused to entertain a petition filed by Sadar Laboratories Pvt Ltd challenging Delhi High Court's order restraining it from manufacturing and selling any product under the trademark "Dil Afza" till the disposal of the trademark infringement suit filed by Hamdard National Foundation (India), which manufactures "Rooh Afza".
In the Adani-Hindenburg matter, Securities and Exchange Board of India (SEBI) filed an affidavit before the Supreme Court clarifying that the statement of the Minister of State for Finance Pankaj Chaudhary in his 2021 reply in the Parliament had no connection with SEBI's 2016 probe over GDR issue against 51 Indian listed companies, of which the Adani group was not a part.
Senior Advocate Adish C Aggarwala Elected as President of Supreme Court Bar Association
Adish C Aggarwala – former vice president of the Supreme Court Bar Association and senior advocate – has been elected to the executive committee of the SCBA as its president. The senior counsel has beaten three advocates and four senior advocates to clinch a victory.
The Enforcement Directorate told the Supreme Court that M Sivashankar, former principal secretary to the Chief Minister of Kerala does not have any serious health conditions, warranting the grant of bail on medical grounds.
The Supreme Court directed law enforcement in the State of Manipur to take appropriate action on the apprehensions raised by the Manipur Tribal Forum Delhi that imminent attack on tribals in certain villages was being planned by militant organisations.
May 17 was the last day of the hearing of the hate speech and hate crime matters before the bench led by Justice KM Joseph, as the Supreme Court judge is set to retire on June 16 (May 19 is his last working day before Court closes for summer vacations).
The Supreme Court issued notice to the Delhi Police in the bail plea of JNU student activist Umar Khalid, who has been booked under the UAPA for his alleged involvement in the larger conspiracy surrounding the communal violence that broke out in February 2020 in the Indian capital. Khalid has been behind bars since September 2020, awaiting his trial.
Supreme Court To Have 3 Ceremonial Benches For Three Judges Retiring During Vacations
Chief Justice DY Chandrachud remarked in the court that the Supreme Court is set to have three ceremonial benches on the occasion of three Supreme Court judges who are retiring during the summer vacations.
Supreme Court Issues Notice In Bail Plea Of AAP Leader Satyendar Jain In Money Laundering Case
The Supreme Court issued notice in the bail plea of Aam Aadmi Party leader and former cabinet minister in the Delhi government in a money laundering case. Jain has been behind bars since May 2022, awaiting his trial.
The Supreme Court adjourned the petition filed by State of Bihar challenging the interim order of the Patna High Court staying Bihar Government’s decision to conduct a caste-based survey in the State.
The Supreme Court stayed the ban imposed by the State of West Bengal on the screening of the controversial film 'The Kerala Story'. The Court also recorded the statement made by Additional Advocate General Amit Anand Tiwari on behalf of the State of Tamil Nadu that there is no direct or indirect ban of the movie in the State. The Court further directed the State of Tamil Nadu to provide security to theatres & movie goers in the state.
The Supreme Court heard the petition filed by the State of West Bengal against the order passed by the Calcutta High Court to transfer the investigation in the cases related to Ram Navami violence to the National Investigation Agency.
While hearing the batch of petitions concerning the screening of the controversial film 'The Kerala Story', the Supreme Court orally remarked that as much as the Apex Court was there to protect free speech, vilifying a community could not be permitted. The remark was made when the court was discussing the script of the film which was alleged to be Islamophobic and derogatory to the Muslim community.
The Anjuman Islamia Masjid committee (which manages Gyanvapi Mosque in Varanasi) moved the Supreme Court against the Allahabad High Court’s order last week for a scientific survey of a structure inside the mosque, which the Hindu plaintiffs claim to be a 'Shivling'.
The Supreme Court on May 16 disposed of a habeas corpus petition filed by Communist Party of India (Marxist) (CPI(M)) General Secretary Sitaram Yechury in 2019 challenging the alleged illegal detention of former J&K MLA Mohammed Yousuf Tarigami in August 2019 soon after the special status of Jammu and Kashmir was abrogated.
The Supreme Court quashed a criminal case against the President and Vice President of the International Society for Krishna Consciousness (ISKCON), Bengaluru, Madhu Pandit Dasa and Chanchalapati Dasa respectively, which was lodged at the instance of ISKCON Kolkata. The criminal case was filed over the alleged theft of a bus belonging to ISKCON Kolkata, which was allegedly brought to Bangalore unauthorisedly by the accused.
Concerned At Deaths Of 3 Cheetahs In Kuno, Supreme Court Asks Centre To Explore Alternate Sites
The Supreme Court asked the Centre to consider if the newly-introduced cheetahs in the country can be spread over and not be confined in one place.
The Supreme Court heard the plea challenging the Bombay High Court's refusal to continue monitoring the murder probe of anti-superstition crusader Narendra Dabholkar.
The Supreme Court asked the Chief Justice of the Calcutta High Court to assign a matter pending before a Division Bench of the High Court, which had been adjourned about 40 times over a span of 3 years to a new Bench. The concerned matter involves the litigation pertaining to the board of La Martiniere School, Kolkata.
Justice Prashant Kumar Mishra & KV Viswanathan Take Oath As Supreme Court Judges
Andhra Pradesh High Court Chief Justice Prashant Kumar Mishra and Senior Advocate KV Viswanathan were sworn-in as Supreme Court judges.
The Supreme Court directed the Bihar Government to produce original records of documents which led to the granting remission to former Bihar MP Anand Mohan, convicted in the case for the mob lynching of Gopalganj District Magistrate G Krishnaiah in 1994.
The Supreme Court directed to put on hold the scientific investigation of a structure inside the Varanasi Gyanvapi mosque which the Hindu plaintiffs claim to be a 'Shivalinga' and the Mosque committee claims to a fountain.
Supreme Court Refuses To Stay Calcutta HC Direction Transferring Ram Navami Violence Cases To NIA
The Supreme Court refused to stay the order passed by the Calcutta High Court to transfer the investigation in the cases related to Ram Navami violence to the National Investigation Agency.
The Supreme Court came down heavily on the Lieutenant Governor of Delhi for sitting over the proposal made by the Delhi Government for the appointment of the Chairperson of the Delhi Electricity Regulatory Commission for over five months.
District Judiciary Should Not Be Called 'Subordinate Judiciary' : Supreme Court
The Supreme Court, while highlighting the importance of district judiciary, remarked that the Supreme Court shall no longer refer to the District Judiciary as ‘subordinate judiciary’.
In a significant development in the Adani-Hindenburg controversy, the Expert Committee constituted by the Supreme Court said it cannot, as of now, arrive at a finding of "regulatory failure" of SEBI in dealing with the alleged contravention of securities law by the Adani Group or any other companies.
The Supreme Court highlighted certain principles concerning judiciary that had a direct bearing on its decision while considering the recommendations.
Just a few days after the Supreme Court's judgement holding that the National Capital Territory of Delhi has legislative and executive power over administrative services in the National Capital, excluding matters relating to public order, police and land, the Central Government has issued an ordinance to constitute ‘National Capital Civil Services Authority’ in Delhi.
The Central Government has moved the Supreme Court against its judgement holding that the National Capital Territory of Delhi has legislative and executive power over administrative services in the National Capital, excluding matters relating to public order, police and land.
Delhi Govt v. LG | Centre's Reasons For Review Of Supreme Court's Judgment
The Centre, along with the Review Petition, has also filed an application for an open/oral hearing in the matter.
The Supreme Court has stayed the Rs.100 Crore penalty imposed by the National Green Tribunal (NGT) on the water resource department of Andhra Pradesh for obtaining Environmental Clearance for the construction of Avulapalli reservoir in Chittoor district in violation of environmental norms.
Poly Centric Nature Of Supreme Court One of Its Biggest Strengths: CJI Chandrachud
Speaking at the farewell function organised by the Supreme Court Bar Association in honour of retiring judges of the Supreme Court Justice K M Joseph, Justice Ajay Rastogi & Justice V Ramasubramanian, Chief Justice DY Chandrachud said that the poly centric nature of the Supreme Court was one of its biggest strengths.
The Supreme Court agreed to list on May 26 an appeal filed by TMC leader and MP Abhishek Banerjee against Calcutta High Court's order dismissing his plea to recall the order passed by Justice Abhijit Gangopadhyay on April 13 giving liberty to the CBI and ED to interrogate him in the West Bengal School Job Scam case.
The Supreme Court refused to interfere with a Delhi High Court order for demolition of illegal constructions in Vishwas Nagar area. However, it has asked the Delhi Development Authority (DDA) to stop the demolitions for 7 days so that the dwellers can voluntarily leave the place.
Supreme Court To Hear On May 26 Bail Plea Of AAP Leader Satyendar Jain In Money Laundering Case
The Supreme Court decided to hear on May 26 the plea filed by Aam Aadmi Party leader and former cabinet minister in Delhi government Satyendar Jain seeking bail in a money laundering case.
The Supreme Court directed the Telangana High Court to place the plea for anticipatory bail filed by Lok Sabha member YS Avinash Reddy, accused in murder case of YS Vivekananda Reddy a member of the Indian National Congress and brother of the late Andhra Pradesh Chief Minister YS Rajasekhara Reddy, before the vacation bench of the High Court on 25.05.2023.
The Supreme Court refused to permit Senior Advocate Mukul Rohatgi to mention a matter before it. A vacation bench comprising Justice JK Maheshwari and Justice Sanjay Karol said that as per vacation bench norms, only instructing counsel should make mentionings, not senior counsel.
The Supreme Court Advocates-on-Record Association (SCAORA) wrote a letter to the Chief Justice of India Dr DY Chandrachud complaining about the sudden listing of fresh miscellaneous matters which were neither mentioned nor requested for listing before the vacation benches of the Supreme Court. The SCAORA members were ensured that in case counsels do not appear, the matters listed would be adjourned after vacation.
Amidst the political controversy regarding the new Parliament building being inaugurated by the Prime Minister, a Public Interest Litigation was filed in the Supreme Court seeking a direction that the inauguration should be done by the President of India.
The Supreme Court granted interim bail on medical grounds to Aam Aadmi Party leader and former cabinet minister in Delhi government Satyendar Jain who has been under custody since May 2022 as an undertrial in a money laundering case.
The Supreme Court issued notice on a special leave petition filed by Trinamool Congress leader leader and MP Abhishek Banerjee against Calcutta High Court's order dismissing his plea to recall an order passed by Justice Abhijit Gangopadhyay which allowed the CBI and ED to interrogate him in the West Bengal School Job Scam case.
The Supreme Court refused to entertain a Public Interest Litigation seeking a direction that the inauguration of the new Parliament building should be done by the President of India and not the Prime Minister of India.
The Supreme Court stayed the Telangana High Court order which directed that T Gangi Reddy, accused in the YS Vivekananda Reddy murder case, be released on bail from July 1.
Jharkhand District Judge Selection | Supreme Court Disposes Of Plea Challenging Viva-Voce Norms
The Supreme Court directed the Jharkhand High Court to communicate to petitioners and impleaders, who are candidates for the post of District Judge in the State the marks obtained by them in the viva voce examination. The same was directed to be done within a period of four weeks.
Jamia Violence Case : Supreme Court Dismisses Plea Of 4 Accused Against Framing Of Charges
The Supreme Court on May 19 dismissed the special leave petition filed by four accused persons against the Delhi High Court direction to frame charges against them in relation to the 2019 Jamia Violence case.
The Supreme Court dismissed a challenge against a rule requiring JEE Advanced candidates to have at least 75 per cent aggregate marks in Class XII (or equivalent) Board examination, which was waived during the COVID-19 pandemic but subsequently revived.
The Supreme Court criticised the trend of petitioners bypassing other remedies and filing Article 32 petitions before the Apex Court to directly challenge summons or seek bail under the pretence of challenging the provisions of the Prevention of Money Laundering Act (PMLA).
The State does not owe loyalty to any one religion and the Constitution requires that the religious majority in the country shouldn’t enjoy any preferential treatment, Supreme Court Judge Justice BV Nagarathna underscored.
Supreme Court Provides Protection To 20-Year Old Girl From Her Own Family Members
The Supreme Court directed the Delhi police to provide protection to a 20-year old girl who expressed apprehension that there was a threat to her life caused by her own family members. In 2022, the girl had been granted a "right to live her life on her own" by Madhya Pradesh High Court after she stated that she did not wish to live with her family. The case before the vacation bench of the Supreme Court comprising Justice Bela Trivedi and Justice Prashant Kumar Mishra was concerning an alleged abduction of the 20-year old girl by the petitioner.
Adani-Hindenburg : Did The Supreme Court Panel Ask The Right Questions?
The expert committee constituted by the Supreme Court in the Adani-Hindenburg case has made a prima facie finding that there is no regulatory failure on the part of the Securities and Exchange Board of India (SEBI) in relation to the Adani group of companies. However, a reading of the 173-page report leaves an impression that the committee has omitted to ask certain right questions.
