Supreme Court Weekly Round Up (3rd April-9th April 2023)

Case Title: Balu Sudam Khalde And Another Versus The State Of Maharashtra | Criminal Appeal No. 1910 Of 2010

Citation : 2023 LiveLaw (SC) 279

The Supreme Court held that the suggestion made by the defence counsel to a witness in the cross-examination, if found to be incriminating, would definitely bind the accused. And, the accused can’t get away stating that his counsel had no implied authority to make suggestions in the nature of admissions against his client.

Case Title: Prem Kishore & Ors. v. Brahm Prakash & Ors.

Citation : 2023 LiveLaw (SC) 266

In a notable judgment explaining the principles of res judiciata, the Supreme Court has held that an order closing the proceedings in a case cannot be construed as a final decision on merits so as to bar a subsequent suit.

Case Title : State of Punjab v. Dil Bahadur | Criminal Appeal No. 844 of 2023

Citation : 2023 LiveLaw (SC) 267

“The Indian Penal Code is punitive and deterrent, with its principal aim and object being punishing offenders for committing offences under the act,” said the Supreme Court while reversing a decision by the Punjab and Haryana High Court to lessen a sentence imposed on a man convicted in a motor accident case, of rash driving and causing death due to negligence.

Case Title : Madhyamam Broadcasting Ltd vs Union of India and others

Citation : 2023 LiveLaw (SC) 269

In a significant judgment, the Supreme Court on Wednesday ruled against the telecast ban imposed by the Union Government on Malayalam news channel MediaOne.

Case Title: Afjal Ali Sha @ Abjal Shaukat Vs State of West Bengal & Ors |Transfer Petition (Criminal) No. 409 OF 2021

Citation : 2023 LiveLaw (SC) 268

While considering a plea seeking transfer of a criminal trial, the Supreme Court recently reiterated the conditions pre-requisite for a transfer.

Case Title: Prem Kishore And Ors. v. Brahm Prakash And Ors. | Civil Appeal No. 1948 of 2013

Citation: 2023 LiveLaw (SC) 266

The Supreme Court held that the Court can decide a suit on merit under Order 17 Rule 3 Code of Civil Procedure if there is some material for deciding on merit, even though the material may not be technically interpreted as evidence.

Case Title: M/S Next Education India Pvt. Ltd. v M/S K12 Techno Services Pvt. Ltd.

Citation: 2023 LiveLaw (SC) 270

The Supreme Court Bench comprising of Justice M.R. Shah and Justice C.T. Ravikumar while adjudicating an appeal filed in M/S Next Education India Pvt. Ltd. v M/S K12 Techno Services Pvt. Ltd., has held that when a petition under Section 9 of IBC is filed based on several invoices and some of the invoices are time barred, then NCLT must consider the remaining invoices which are within limitation and whether they cross the minimum threshold of Rs. 1 Crore

Case Title: Sunil Kumar Soni Versus State Of Rajasthan And Ors | Special Leave To Appeal (C) No(S). 27633/2017

Citation : 2023 LiveLaw (SC) 271

Denying relief to a school teacher who was dismissed from service as his Bachelor degree was secured through distance education, the Supreme Court has once again stated that there can’t be equality in a matter of illegality.

Case Title : Income Tax Officer vs Vikram Sujitkumar Bhatia and 114 connected cases.

Citation : 2023 LiveLaw (SC) 274

In a significant judgment on taxation law, the Supreme Court held that the amendment brought to Section 153C of the Income Tax Act 1961 by the Finance Act 2015 will retrospectively apply to searches conducted prior to the date of the amendment, i.e, 01.06.2015.

Case Title: Avtar Singh & Anr Versus State Of Punjab | Criminal Appeal No. 1711 Of 2011

Citation : 2023 LiveLaw (SC) 272

The Supreme Court recently set aside an order of the Punjab and Haryana High Court which had upheld a Trial Court order convicting persons who had involved in the sale of ‘black’ gas cylinders in a 1995 case.

Case Title: Union of India v. All India Judges Association

Citation: 2023 LiveLaw (SC) 273

The Supreme Court upheld its order dated 27th July, 2022 directing for implementation of the enhanced pay scale for judicial officers as per the recommendation of the Second National Judicial Pay Commission (SNJPC).

Case Title: Prasanta Kumar Sahoo & Ors. v Charulata Sahu & Ors.

Citation: 2023 LiveLaw (SC) 262

The Supreme Court Bench comprising of Justice A.S. Bopanna and Justice J.B. Pardiwala, while adjudicating an appeal filed in Prasanta Kumar Sahoo & Ors. v Charulata Sahu & Ors., has held that in a suit for partition of joint property, a decree by consent amongst only some of the parties cannot be maintained

Case Title: Commissioner Of CGST And Central Excise Versus M/S Edelweiss Financial Services Ltd.

Citation: 2023 LiveLaw (SC) 281

The Supreme Court has held that the issuance of a corporate guarantee on behalf of group companies without consideration is not a taxable service.

Case Title: The Commissioner of Income Tax vs. M/s. Paville Projects Pvt Ltd

Citation : 2023 LiveLaw (SC) 282

The Supreme Court has held that the Commissioner of Income Tax can exercise revision powers under Section 263 of the Income Tax Act over the orders of the Assessing Officer which cause prejudice to the interest of the revenue.

The scheme for engaging Law Clerk-cum-Research Associates on a short-term contractual assignment in the Supreme Court of India has been revised. As per the revised scheme, Law Clerks will now be paid a consolidated remuneration of Rs. 80,000/- per month for the assignment term.

The Election Commission of India (ECI) filed its response before the Supreme Court in a plea seeking disqualification of Members of Legislative Assembly and Parliament from standing for election for five years upon having violated Article 191(1)(e) and Tenth Schedule of the Constitution of India.

"We saw newspaper reports on rising COVID cases. Lawyers can use hybrid mode. If you choose to appear online, we will hear you. The hybrid mode is on and I see many lawyers who are appearing online. So please feel free to", CJI Chandrachud said.

The Supreme Court refused to entertain a petition filed by fourteen political parties alleging that central investigating agencies such as the Directorate of Enforcement (ED) and the Central Bureau of Investigation (CBI) are being weaponised by the Union Government to clamp down on dissent by arresting opposition leaders.

The Supreme Court refused to entertain a plea seeking permission to perform namaz in a mosque, which is situated inside the Qutub Minar complex, but outside the Qutub enclave. However, considering that the issue is already before the Delhi High Court, the Apex Court requested it to consider the petition expeditiously.

The Supreme Court issued notice in a contempt plea alleging non-compliance of the order of the Apex Court directing the State Government and the Nagaland State Election Commission to hold local body election in Nagaland. Notice was issued to both the State Government and the State Election Commission. The Court directed them to file their response within a week’s time.

The Supreme Court of India refused to entertain a petition challenging the Maharashtra government’s decision to rename Aurangabad city as ‘Chhatrapati Sambhajinagar’ as a similar matter is pending before the Bombay High Court.

The Supreme Court asked the Allahabad High Court to hear the application moved by the recently disqualified MLA Abdullah Azam Khan seeking a stay on conviction in a 15-year-old case. The Court said that Khan's application be "accorded with the highest priority and be disposed of".

Supreme Court judge Justice BR Gavai expressed concerns about the inconsistency in the views made by different benches of the Supreme Court. He noted that there are seventeen benches in the Supreme Court and that benches often take inconsistent views on the same subject.

The Supreme Court observed that it is not necessary to consider at the present stage an application to stay the proposed expansion of the Okhla Waste-to-Energy (WTE) plant in Delhi from 23 MW to 40 MW. This is in view of the statement made by the plant operator that it will take at least 18 months to complete.

The Supreme Court expressed displeasure at the Manipur High Court for not complying with its February judgment (where the top court had required the case for promotion of an employee of the High Court to be considered on the basis of 2 years' ACRs), and for instead proceeding to convene fresh DPC to consider the case of other selected candidates also.

The Supreme Court expressed displeasure at Uttar Pradesh Bharatiya Janata Party spokesperson Prashant Umrao for sharing wrong information on Twitter regarding alleged attacks against Bihari workers in Tamil Nadu. Observing that Patel should be more responsible, especially as a lawyer, the Court asked him to tender an apology for spreading misinformation.

The Supreme Court on Thursday disposed of the contempt petition filed by activist Tushar Gandhi against the Delhi Police for its alleged inaction 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.

The Supreme Court granted time to the Ministry of Finance to file its counter affidavit in a public interest litigation (PIL) seeking a mechanism to inform legal heirs about the unclaimed deposits lying in dormant accounts.

The Supreme Court bench comprising CJI DY Chandrachud and Justice JB Pardiwala refused to entertain the petition filed by Suvendu Adhikari, Leader of the Opposition (LoP) in the West Bengal Assembly seeking to re-assess the figures of SCs and STs ahead of the West Bengal Panchayat Polls.

The Supreme Court orally reminded the Indian Olympic Association (IOA) that it was obligated to comply with a draft constitution framed under the supervision of the top court and the International Olympic Committee (IOC), pending its finalisation.

The Union Government informed the Apex Court that the Centre was actively considering amendments to the Code of Criminal Procedure (CrPC) and the Indian Penal Code (IPC). The bench comprising CJI DY Chandrachud and Justice JB Pardiwala was hearing a plea challenging Section 64 of the Code of Criminal Procedure on the ground that the said section discriminated against women by treating female members of a family incapable of accepting summons on behalf of the person summoned.

The Supreme Court listed the pleas concerning the Gyanvapi Mosque dispute on 14th April 2023. The development took place when Senior Advocate Huzefa Ahmadi mentioned the matter before a bench comprising CJI DY Chandrachud and Justice JB Pardiwala.

The Supreme Court agreed to hear on April 10 the petition filed by Youtuber Manish Kashyap, challenging multiple FIRs lodged against him for allegedly spreading disinformation concerning violence against Bihari migrant workers in Tamil Nadu.

The Supreme Court of India disposed of a public interest litigation (PIL) petition alleging illegal and forced hysterectomies in the states of Bihar, Chhattisgarh, and Rajasthan, with a direction to all states and union territories to implement the Ministry of Health and Family Welfare (MoHFW) guidelines on hysterectomies within three months.

“Technology must be used for good purposes”, the Supreme Court orally observed on Thursday while hearing a Youtuber Sattai Duraimurugan’s plea against a Madras High Court’s order cancelling his bail last year.

In a plea before the Supreme Court seeking electronic monitoring of roads to ensure safety and prevention of accidents, the Ministry of Road Transport and Highways of India (MoRTH) has indicated that it will undertake the exercise of standardisation and bring detailed guidelines to integrate software and hardware with e-vahan/e-challan to ensure uniformity across India.

The Supreme Court of India pulled up the defence ministry over allegations of unfairness and discrimination in rank promotion for women army officers who were granted permanent commission following its landmark Babita Puniya decision.

The Presiding Officer of DRT-II Chandigarh has moved the Supreme Court against the adverse observations made by the Punjab and Haryana High Court that is alleged to have grave consequences impacting his performance of legal duties.