Supreme Court Weekly Digest (20th February -26th February 2023)

Case : General Manager South Eastern Coalfields vs Avinash Kumar Tiwari

Citation : 2023 LiveLaw (SC) 124

The Supreme Court has reiterated that an employee cannot seek alteration of date of birth in the service records at the fag end of the career. A bench comprising Justices V Ramasubramanian and Pankaj Mithal was hearing a special leave petition filed by South Eastern Coalfields Ltd challenging a Bombay High Court order which allowed the alteration of an employee's date of birth.

Case Title : Mita India Pvt Ltd vs Mahendra Jain

Citation : 2023 LiveLaw (SC) 121

The Supreme Court has held that a general power of attorney holder can sub-delegate his powers to another person if there is a specific clause authorising sub-delegation.

Case Title: Aparna Ajinkya Firodia vs Ajinkya Arun Firodia | SLP (C) No.9855/2022 | 20 Feb 2023

Citation: 2023 LiveLaw (SC) 122

The Supreme Court observed that DNA tests of children born during the subsistence of a valid marriage may be directed only when there is sufficient prima-facie material to dislodge the presumption under Section 112 of the Evidence Act.

Case Title: Subrahmanyam Saderla v. Chandra Shekhar Upadhyay | Criminal Appeal No. 460 of 2023 arising out of Special Leave Petition (Criminal) No. 3663 of 2020

Citation : 2023 LiveLaw (SC) 126

The Supreme Court recently adopted a conciliatory approach in a cased filed by a Dalit faculty member of the Indian Institute of Technology, Kanpur against four senior professors alleging caste harassment.

Case title: Ramesh Chandra Sharma And Ors. v. State of Uttar Pradesh And Ors.

Citation: 2023 LiveLaw SC 123

The Supreme Court stuck down the classification made by the Greater NOIDA Authority between Pushtaini and Gair-Pushtaini Landholders for the purpose of granting compensation upon acquisition.

Case Title: Yogesh Upadhyay vs Atlanta Limited

Citation: 2023 LiveLaw (SC) 125

The Supreme Court observed that it has power under Section 406 CrPC to transfer cheque cases from one state to another.

Case Title: State of Gujarat And Ors. v. H.B. Kapadia Education Trust And Anr. Civil Appeal No. 2837 of 2022

Citation: LiveLaw 2023 (SC) 127

The Supreme Court held that if an employee is continued in service by the management of any registered minority Secondary School receiving Grant-in-Aid from the State-Government, then such school would not be entitled to receive any grant in respect of the expenditure incurred for continuing such employee beyond the stipulated superannuation age.

Case Title: Thiru K Palaniswamy vs M Shanmugham and others

Citation : 2023 LiveLaw (SC) 133

In a set back to O Paneerselvam(OPS) in the cases related to AIDAMK leadership row, the Supreme Court affirmed the order of the Madras High Court division bench which allowed Edappadi Palaniswamy(EPS) to continue as the interim general secretary of the party.

Case Title: Union of India v. Indian Navy Civilian Design Officers Association And Anr. |Civil Appeal No. 8329 of 2011

Citation: LiveLaw 2023 (SC) 129

The Supreme Court has observed that Pay Commissions may be justified in recommending different pay scales for seemingly similar posts and if the State accepts such differentiation based on a reasonable classification, then the Courts will not interfere.

Case Title : C Yamini and others vs High Court of Andhra Pradesh at Amaravathi and another

Citation : 2023 LiveLaw (SC) 130

The Supreme Court dismissed a writ petition filed by nine judicial officers from Andhra Pradesh seeking to direct the Andhra Pradesh High Court to consider them for elevation as HC judges.

Case Title: Dr. B R Ambedkar University, Agra Appellant(S) Vs Devarsh Nath Gupta & Ors | Civil Appeal No.1141 Of 2023

Citation : 2023 LiveLaw (SC) 131

The Supreme Court disapproved of the course adopted by the Allahabad High Court in ordering re-evaluation of a university exam, as the relevant statute did have a provision for re-evaluation and scrutiny of answer sheets.

Case Title: Vahitha v. State of Tamil Nadu| Criminal Appeal No. 762 of 2012

Citation: LiveLaw 2023 (SC) 132

The Supreme Court reiterated that when there is concurrent findings of fact by the Trial Court and the High Court, the Apex Court ought not to re-appreciate the evidence to examine the correctness of such findings of fact, unless there is manifest illegality or grave and serious miscarriage of justice on account of misreading or ignoring material evidence.

Case Title: Office of the Odisha Lokayukta v. Dr. Pradeep Kumar Panigrahi And Ors.| SLP(Civil) No. 6261-6262 of 2021

Citation: LiveLaw 2023 (SC) 135

The Supreme Court reversed the order of Orissa High Court, which set aside Odisha Lokayukta’s direction to the Director of Vigilance, Odisha, Cuttack to conduct a preliminary inquiry into the allegations of corruption against Dr. Pradeep Kumar Panigrhi, an elected Member of the Legislative Assembly of Gopalpur Constituency.

Case Title : Anant Thanur Karmuse vs State of Maharashtra

Citation : 2023 LiveLaw (SC) 136

"The victim has a fundamental right of fair investigation and fair trial", observed the Supreme Court while ordering further investigation in a case for abduction and attack against NCP MLA Jitendra Awhad.

Case Title: Sureshkumar Lalitkumar Patel & Ors. v. State of Gujarat & Ors. | Special Leave Petition (Civil) Nos. 4302-4303 of 2021 and another connected matter

Citation : 2023 LiveLaw (SC) 137

The Supreme Court has disapproved of a departmental selection committee’s decision to reduce the qualifying marks after the publication of results to facilitate the appointment of a special category of candidates comprising women, persons with disabilities, and former members of the armed forces, to the post of ‘Supervisor Instructor, Class ­III’ in various industrial training institutes across the state of Gujarat.

Case Title : The Directorate of Enforcement vs M. Gopal Reddy and another

Citation : 2023 LiveLaw (SC) 138

The Supreme Court has reiterated that the conditions under Section 45 of the Prevention of Money Laundering Act for grant of bail are applicable to anticipatory bail applications under Section 438 of the Code of Criminal Procedure as well.

Case Title: R.K. Jibanlata Devi v. High Court of Manipur through its Registrar General & Ors. | Writ Petition (Civil) No. 1209 of 2021

Citation : 2023 LiveLaw (SC)

Failure to accord sufficient time for an employee to challenge the assessment of their performance for a particular year in an Annual Confidential Report (ACR) before a departmental promotion committee is convened, would be treated as a non-disclosure of the evaluation report, the Supreme Court said, while setting aside the proceedings of a DPC of the Manipur High Court determining appointment to the post of assistant registrar.

Case Title: Sushil Raghav v. Union of India | Civil Appeal No 1629 of 2022

Citation : 2023 LiveLaw (SC) 140

The Supreme Court has held that the National Green Tribunal has powers to execute its orders as decrees of civil court under Section 25 of the NGT Act.

In the Adani-Hindenburg issue, the Supreme Court refused to take on record a report published by Forbes about share dealings of the Gautam Adani group.

The Uddhav Thackeray faction has approached the Supreme Court challenging the decision of the Election Commission of India which recognized Eknath Shinde faction as the official Shiv Sena.

The Supreme Court considered the bail applications filed by the convicts in the 2002 Godhra train burning case. Appearing for the State of Gujarat, Solicitor General of India Tushar Mehta submitted that the cases of convicts could not be considered for premature release under the State of Gujarat's policy as TADA provisions had been invoked against them.

The Delhi Police informed the Supreme Court that the investigation in the hate speech case over the Hindu Yuva Vahini event organised under the leadership of Sudarshan News TV editor Suresh Chavhanke in Delhi in December 2021 had reached an advanced stage.

The Supreme Court refused to entertain a petition filed by Advocate Ashwini Upadhyay seeking uniform age of marriage for men and women. The petition was listed before a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala.

The Supreme Court dismissed a petition filed by former IPS officer Sanjiv Bhatt challenging a Gujarat High Court order which set a deadline for the trial in an alleged drug planting case in which he is an accused. The High Court has directed the trial to be competed by March 31, 2023.

We are here to do a constitutional duty and not to please you or anyone", Chief Justice of India DY Chandrachud told PIL petitioner Advocate Ashwini Upadhyay, while dismissing a petition filed by him seeking uniform age of marriage for men and women.

In yet another development in Maharashtra's Political Crisis, the Uddhav Thackeray faction has approached the Supreme Court of India challenging the decision of the Election Commission which recognized the Eknath Shinde faction as the official Shiv Sena.

A division bench of the Supreme Court of India dismissed a plea by civil services aspirants for a compensatory attempt to clear the Union Public Service Commission examination. The preliminary examination is scheduled to be held in May this year, while the main examination will be held later in September.

In a batch of petitions seeking directions to regulate hate speech, the Supreme Court indicated that not everything said would amount to hate speech. The invocation of Section 153A would largely depend on the interpretation of the provision by the Supreme Court.

The Supreme Court refused to interfere in an SLP moved by ex-MCD councillor and AAP leader Tahir Hussain seeking relief in a money laundering case.

The Supreme Court observed that in India, no one votes on the basis of education qualification and therefore providing false information regarding education qualification of an election candidate can not be termed as a ‘corrupt practice’ within the meaning of Section 123(2) and Section 123(4) of the Representation of People’s Act, 1951.

The Supreme Court issued notice in a plea filed by Union Territory of Lakshadweep challenging the order of Kerala High Court which suspended the conviction and sentence of Member of Parliament Mohammed Faizal in an attempt to murder case. Two petitions have been filed before the Supreme Court, one by the prosecuting agency and the other by the original complainant. Notices were issued in both the Special Leave Petitions.

The Supreme Court of India directed the state governments to file counter affidavits in the matter concerning multiple FIRs registered against filmmaker Leena Manimekalai in various states over the poster of her documentary titled "Kaali".

The Supreme Court adjourned a batch of Public Interest Litigations seeking uniformity in the personal laws regulating marriage divorce, maintenance, and alimony for Indian citizens by four weeks. The batch was listed before a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala.

The Supreme Court of India refused to initiate contempt proceedings in a case pertaining to demolition of the centuries old Mangu Mutt near Puri Jagannath Temple in Odisha, believed to have been visited by Guru Nanak 500 years ago.

The Supreme Court of India directed the Union of India to file a reply in a PIL highlighting the issue of alleged illegal and forced hysterectomies conducted on women from marginalised communities in the States of Bihar, Chattisgarh, and Rajasthan.

The Supreme Court agreed to hear the petition filed by Uddhav Thackeray challenging the decision of Election Commission of India to recognize Eknath Shinde group as the official Shiv Sena.

For the first time, the Supreme Court of India is set to utilize Artificial Intelligence (AI) and technology powered by Natural Language Processing to provide live transcriptions of its hearings. The live transcription service has been launched on a trial basis in the courtroom of Chief Justice of India DY Chandrachud, who is presiding over a Constitution Bench dealing with a case concerning the Maharashtra Political Crisis.

The official website of the Supreme Court of India now displays questionnaires on Accessibility.

The Supreme Court will hear an application by a convict seeking the consideration of parole granted during the COVID-19 pandemic as part of their actual sentence period on March 17.

A constitution bench of the Supreme Court heard the pleas concerning the constitutional issues arising out of the rift within Shiv Sena party between Eknath Shinde and Uddhav Thackeray groups on merits.

The Supreme Court sought a response from the National Investigation Agency with respect to an appeal filed by activist turned politician Akhil Gogoi against the Gauhati High Court’s decision to set aside a discharge order in connection with offences under the Unlawful Activities (Prevention) Act, 1967.

The Tamil Nadu Government has approached the Supreme Court challenging the order of the Division Bench of the Madras High Court, which set aside conditions imposed by the Single Judge on the route march sought to be carried out by the Rashtriya Swayamsevak Sangh (RSS) in the State.

Senior Advocate Kapil Sibal, appearing for the Uddhav Thackeray faction opened the arguments and submitted that if the court upholds the Eknath Shinde faction as the official Shiv Sena, it could be a precedent for toppling down any government. The bench inquired what relief could be ultimately granted to the Thackeray faction.

Supreme Court of India has witnessed several new initiatives in the first hundred days of the dynamic leadership of Hon’ble the Chief Justice of India, Dr Justice Dhananjaya Y Chandrachud.

The Supreme Court has issued a clarification with respect to the order passed by it in a petition filed by an unmarried woman seeking termination of pregnancy. After the AIIMS reported that there was high probability of the baby coming out alive if the 29-week pregnancy was attempted to be terminated, the Court had persuaded the woman to opt for delivery. The woman, a 21-year old student, expressed difficulty in keeping the child.

Chief Justice of India DY Chandrachud said that he will take a call on listing the Hijab case from Karnataka to consider the plea made by the Muslim girls seeking interim relief to allow them to attend exams in the government colleges.

The Supreme Court issued notice in a special leave petition against the Bombay High Court refusing to direct degree holders in civil engineering to be considered as eligible for the post of junior engineer in a government department that sought applications from candidates having a diploma in the subject or any equivalent qualification.

The listing of the cases related to cash-for-jobs scam from Tamil Nadu has become a subject matter of controversy in the Supreme Court.

The Supreme Court recently granted bail to an Islamic scholar and maulvi from Gujarat, accused of forcefully converting 37 Hindu families and 100 Hindus.

The Supreme Court expressed disquiet at the dispute between two Christian communities - London Missionary Society (LMS) and the CSI group of Christians.

The Supreme Court issued notice on a petition filed by Uddhav Thackeray challenging the decision of the Election Commission of India which recognized Eknath Shinde faction as the official Shiv Sena.

The Supreme Court granted bail to an accused named Irfan Shaikh who was arrested by the Anti-Terrorist Squad of the Uttar Pradesh police over allegations of illegally converting persons to Islam.

The Supreme Court has officially published the transcript of arguments before the Constitution Bench in the Shiv Sena matter.

Senior Advocate Kapil Sibal, representing the Uddhav Thackeray faction argued that members of the legislative assembly could not act independent of their political party.

The Supreme Court has agreed to consider whether the State Human Rights Commission has the power to examine a case of criminal medical negligence when a contrary view was taken by the National Human Rights Commission.

The Constitution bench of the Supreme Court of India, while hearing the pleas concerning the Maharashtra Political Crisis expressed its concern over the court entering into the functioning of the speaker.

The Supreme Court recently remitted back a matter to the Telangana High Court to consider whether private theatre owners who availed an exemption to pay entertainment tax in the State have granted the benefit to the movie goers or not.

CJI DY Chandrachud announced that all Supreme Court judgements will be having "neutral citations".

The Supreme Court has directed the Centre, States and Union Territories to show the status of compliance with respect to its December 2020 order to install CCTV cameras in all police stations and offices of investigative agencies, such as the Central Bureau of Investigation, the Directorate of Enforcement, and the National Investigation Agency, that conduct investigations and have the power of arrest.

In the PIL regarding iron ore mining in certain districts of Karnataka, the Supreme Court has passed an interim order allowing central government undertaking National Mineral Development Corporation (NMDC) to reclaim half of the contribution made to Karnataka Mining Environment Restoration Corporation (KMERC) from 2019.

Chief Justice of India DY Chandrachud agreed to hear at 3 PM a petition filed in relation to the arrest of Congress spokesperson Pawan Khera at the Delhi airport, after an urgent mentioning was made by Senior Advocate Dr Abhishek Manu Singvhi.

The Supreme Court granted interim relief to Congress spokesperson Pawan Khera who was arrested by Assam police from Delhi airport over his comment about Prime Minister Narendra Modi.

Senior Advocate Kapil Sibal, appearing for the Uddhav Thackeray faction, argued that the governor's actions in the political crisis have been unconstitutional.

The Supreme Court rejected a plea made by Adv ML Sharma to gag the media from reporting on Adani-Hindenburg issue till the court pronounces the order.

The Supreme Court refused to entertain a PIL seeking menstrual leave for female students and working women across India stating that the matter fell within the domain of policy.

The Supreme Court refused to entertain an appeal filed by Godrej & Boyce against the Bombay High Court order which refused to set aside the acquisition of Godrej & Boyce Manufacturing Co. Ltd's plot at Vikhroli for the Mumbai-Ahmedabad bullet train project.

The Supreme Court stayed an order issued by the Madhya Pradesh High Court, which had directed a trial court judge to provide justification for granting bail to an accused.

The Supreme Court verbally observed that the courts cannot be turned into "fortresses" in the name of enhancing security. There should be a balance struck between the concept of open court system, which allows public to have access to court proceedings, and security concerns.

The Supreme Court heard a plea filed by seven judges of the Patna High Court claiming that their General Provident Fund accounts have been closed.

The Supreme Court refused to entertain a public interest litigation petition that sought the removal of statue of Manu, a mythological figure and lawmaker in Hinduism, holding the Manusmriti in hand, from the campus of the Rajasthan High Court in Jaipur.

The Supreme Court directed the Secretary of the Union Ministry of Women and Child Development to convene a meeting with the Principal Secretaries of all States and Union Territories to, inter alia, look into the issue of inadequacy of Protection Officers under the Protection of Women from Domestic Violence Act, 2005.

The Supreme Court dismissed as withdrawn a plea moved by the Leader of Opposition in West Bengal Legislative Assembly, Suvendu Adhikari, challenging a decision of the West Bengal Assembly Speaker Biman Banerjee's assembly to not disqualify MLA Mukul Roy.

Will the decision taken by the Uddhav Thackeray to resign on June 29, 2022, as the Chief Minister of Maharashtra before facing the floor test scheduled on the next day have any impact in the ongoing cases before the Supreme Court?

The Supreme Court has directed the Union of India to place on record the steps taken by it to prevent the employment of manual scavengers as per the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act 2013.

The Supreme Court has issued notice to the office bearers of the Bar Association Committee, Bharatpur, Rajasthan, in a contempt petition filed over alleged obstruction of the work of legal aid defence counsel appointed by the Legal Services Authority.

The Central government has filed a counter affidavit in the Supreme Court of India in the petition against the extension of tenure of the Director of Enforcement Directorate (ED) Sanjay Kumar Mishra. As per the counter affidavit, the writ petition in question, although has been styled as a Public Interest Litigation, is motivated by personal interest of the President and office bearers of the Indian National Congress (INC) party.

The Supreme Court has observed that transfer of trial from one case to another state has to be ordered only in exceptional circumstances, as it might result in an adverse reflection upon the credibility of the State judiciary and prosecution agency.

The Supreme Court recently upheld the termination of services of a judicial officer for suppressing the pendency of a criminal case at the time of making application.