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Supreme Court Weekly Roundup (27th February 2023-5th March 2023)

Padmakshi Sharma

6 March 2023 9:03 AM IST

    • Supreme Court Weekly Roundup (27th February 2023-5th March 2023)

    Welcome to the Supreme Court Weekly Digest, where we provide you with an overview of the latest legal developments in the country. Over the past week, the Supreme Court has issued several important judgments and rulings that have far-reaching implications for the Indian legal system. From the judgment concerning the appointment of Election Commissioners to the arrest of Delhi's Deputy...

    Welcome to the Supreme Court Weekly Digest, where we provide you with an overview of the latest legal developments in the country. Over the past week, the Supreme Court has issued several important judgments and rulings that have far-reaching implications for the Indian legal system. From the judgment concerning the appointment of Election Commissioners to the arrest of Delhi's Deputy Chief Minister by the Central Bureau of Investigation, as well as the Punjab government's plea challenging the refusal of the Governor to grant permission to summon the budget session - legal events have captured the attention of the entire nation. As always, we will strive to provide you with a detailed and comprehensive analysis of these developments, so that you can stay informed about the latest happenings in the world of law. Join us as we delve into the intricacies of these cases and explore their legal implications.

    • Judgements/Orders
    Case Title: Bhawna Versus Bhay Ram And Others | SLP (Criminal) No.1090 Of 2023
    Citation : 2023 LiveLaw (SC) 148
    The Supreme Court recently set aside a condition imposed by the Delhi High Court which had allowed a victim of domestic violence to lead evidence during trial subject to payment of Rs.20,000 per witness.
    Case Title: Sirajudheen v. Zeenath And Ors. Civil Appeal No. 1491 of 2023| Civil Appeal No. 1491 of 2023|
    Citation : 2023 LiveLaw (SC) 145
    The Supreme Court held that High Courts ought not to remand a matter for trial de novo without recording any explanation as to on what ground the decree was being reversed by it.
    Case Title: Shah Newaz Khan vs State of Nagaland
    Citation: 2023 LiveLaw (SC) 146
    The Supreme Court held that the power under section 24 of the CPC can be exercised by the High Court even for inter-State transfer of a suit, appeal or other proceeding, if it is the common High Court for two or more States under Article 231 of the Constitution and both the Civil Courts (transferor and transferee) are subordinate to it.
    Case Title: Union of India v. Bikash Saha And Ors. MA No. 309-10 of 2023 in SLP(C) No. 11164-65/2022
    Citation : 2023 LiveLaw (SC) 147
    The Supreme Court has directed that the Highest Z+ Security Cover provided to billionaire businessman Mukesh Ambani and his family is not restricted to Mumbai, but be made available across India and also when they are traveling abroad. The cost, as per the order of the Supreme Court, is to be borne by the Ambanis.
    Case Title: Kashibai vs State of Karnataka | SLP(Crl) 8584/2022 | 28 Feb 2023
    Citation: 2023 LiveLaw (SC) 149
    The Supreme Court held that the mere fact of commission of suicide by itself would not be sufficient for the court to raise the presumption under Section 113A of the Evidence Act, and to hold the accused guilty of Section 306 IPC(abetment to suicide).
    Case Title: P. Shyamala Versus Gundlur Masthan | Civil Appeal Nos. 1363-1364 of 2023
    Citation : 2023 LiveLaw (SC) 151
    The Supreme Court rescinded a sale agreement after noting that the plaintiff, who secured a decree for specific performance of the contract, had failed to deposit the balance sale consideration within time.
    Case Title: Imtiyaz Ahmad Malla vs State of Jammu & Kashmir | SLP(C) 678 of 2021 | 28 February 2023
    Citation: 2023 LiveLaw (SC) 150
    The Supreme Court observed that mere acquittal does not entitle an employee to the reinstatement in service.
    Case Title: Indrajit Das v. State of Tripura| Criminal Appeal No. 609 of 2015| 28th February, 2023
    Citation: 2023 LiveLaw (SC) 152
    The Supreme Court reversed a conviction recorded by the Trial Court, affirmed by the Tripura High Court on the ground that major links of the chain of circumstances had not been proved by the prosecution evidence in a case based on circumstantial evidence.
    Case Title: Royden Harold Buthello & Anr Vs State Of Chhattisgarh & Ors | Criminal Appeal No.634 Of 2023
    Citation : 2023 LiveLaw (SC) 154
    The Supreme Court reiterated that the Court’s power to transfer cases to the Central Bureau of Investigation or any other specialised agency is an extraordinary power and therefore, should be used sparingly.
    Case Title: Vishal Tiwari vs Union of India W.P.(C) No. 162/2023, Manohar Lal Sharma vs Union of India W.P.(Crl.) No. 39/2023, Anamika Jaiswal vs Union of India W.P.(C) No. 201/2023, Dr.Jaya Thakur vs Union of India W.P.(Crl.) No. 57/2023
    Citation : 2023 LiveLaw (SC) 160
    The Supreme Court directed the Securities and Exchange Board of India (SEBI) to complete the investigation of the Adani-Hindenburg issue within a period of two months and file a status report before the Court.
    Case Title: Anoop Baranwal v. Union of India | WP(C) No. 104/2015
    A Constitution Bench of the Supreme Court has ordered that Election Commissioners will be appointed by the President of India on the advice of a Committee consisting of the Prime Minister, and leader of Opposition in the Lok Sabha (or leader of largest opposition party), and the Chief Justice of India.
    Case Title: The Secretary, Ministry of Consumer Affairs versus Dr.Mahindra Bhaskar Limaye and others SLP(C) 19492/2021
    Citation : 2023 LiveLaw (SC) 161
    The Supreme Court held that persons having a Bachelors degree and having a professional experience of at least 10 years in consumer affairs, law, public affairs, administration etc. should be treated as qualified for appointment as President and members of State Consumer Commissions and District Consumer Forums.
    Case Title: The State Of Chattisgarh & Anr Vs Aman Kumar Singh & Ors. | Slp (Crl.) Nos.1703-1705 Of 2022)
    Citation : 2023 LiveLaw (SC) 158
    In a notable judgment, the Supreme Court has opined that it is desirable that the High Courts do not quash corruption case FIRs at investigation stage, even if it is suspected that the case has been registered by a new government against officers of the previous government.

    Case Title: Union of India v. Sanjiv Chaturvedi And Ors. SLP(C) No 530 of 2022

    Citation : 2023 LiveLaw (SC) 162
    In a case relating to whistleblower Indian Forest Service officer Sanjiv Chaturvedi, the Supreme Court referred to a larger bench the issue regarding the jurisdiction of a High Court to entertain a challenge against an order passed by a Tribunal which is situated outside its territorial limit.
    Case Title: BLS Infrastructure Limited vs Rajwant Singh
    Citation: 2023 LiveLaw (SC) 153
    Where the complainant had already been examined as a witness in the case, it would not be appropriate for the Court to pass an order of acquittal merely on non-appearance of the complainant, the Supreme Court observed in a judgment.
    Case Title: Sarabjit Kaur vs State of Punjab
    Citation: 2023 LiveLaw (SC) 156
    The Supreme Court observed that a mere allegation of failure to keep up promise will not be enough to initiate criminal proceedings.
    Case Title: Karan @ Fatiya vs State of Madhya Pradesh | CrA 572-573 OF 2019 | 3 March 2023
    Citation: 2023 LiveLaw (SC) 159
    The Supreme Court set aside the death sentence imposed on a convict for the rape and murder of a minor girl after he was found to be a juvenile at the time of the offence.
    Case Title : State of Haryana vs Satpal and others
    Citation : 2023 LiveLaw (SC) 163
    There cannot be any school without a playground, observed the Supreme Court, while directing the removal of unauthorised occupations at a place reserved for playground for a school in Haryana.

    • News Updates
    The Supreme Court of India issued a stay on the laying of concrete paver blocks in the eco-sensitive zone (ESZ) of Matheran, the only pedestrian hill station in Asia, until the appropriate monitoring constituted by virtue of a 2003 notification by the Ministry of Environment and Forests took a call on the issue within eight weeks.
    Chief Justice of India DY Chandrachud has observed that a larger number of cases related to NEET and medical admission reach the Supreme Court and this is indicative of the need for reforms in medical education.
    The Supreme Court came down heavily on BJP leader and advocate Ashwini Upadhyay for filing a petition seeking to rename historical places, which the petitioner alleged have been named after "foreign barbaric invaders".
    The Supreme Court extended the interim bail granted to Congress Spokesperson Pawan Khera who was arrested by Assam police from Delhi airport over his comment about Prime Minister Narendra Modi till 3rd March 2023.
    In a significant development in the petitions challenging the third extension given to ED Director SK Mishra, the amicus curiae in the matter, Senior Advocate KV Viswanathan, told the Supreme Court that the extensions are illegal.
    The Supreme Court dismissed petitions filed by doctors who are aspirants of NEET-PG 2023-24 seeking to postpone the NEET-PG 2023 exam scheduled on March 3 by three months.
    A country cannot remain a prisoner of the past", observed the Supreme Court while dismissing a PIL seeking to rename historical cities which have been named after "foreign invaders".
    The Supreme Court expressed its displeasure at the action of Ministry of Defence of unilaterally extending the deadline for payment of pension to retired armed forces personnel under the One Rank One Pension Scheme (OROP) in contradiction of the Court's order.
    Supreme Court Judge, Justice M.R. Shah made it abundantly clear that he will not recuse from hearing a plea filed by former IPS officer Sanjiv Bhatt seeking to adduce additional evidence in the criminal appeal filed by him in the Gujarat High Court challenging his conviction in a 1990 custodial death case.
    The Supreme Court reviewed a 2021 order which found the Bharatiya Janata Party guilty of contempt of court for flouting the top court’s directions regarding public disclosure of criminal antecedents of electoral candidates during the Bihar assembly polls in 2020.
    Elected representatives cannot simultaneously be terrorists, said Solicitor-General for India, Tushar Mehta while objecting 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 Punjab Government has approaches the Supreme Court challenging the refusal of Governor Banwarilal Purohit to grant permission to the government to summon the budget session scheduled on March 3.
    The Supreme Court of India stated that it would have to determine whether the directions passed in Prakash Singh & Others v. Union of India apply to Police Chiefs falling under the AGMUT(Arunachal Pradesh-Goa-Mizoram-Union Territories) Cadre or not.
    A transfer, to the Central Bureau of Investigation, of a probe into the alleged conspiracy hatched by the Bharatiya Janata Party to poach Bharat Rashtra Samiti legislators would result in a ‘gross miscarriage of justice’, said Senior Advocate Dushyant Dave, questioning a decision of the Telangana High Court ordering the transfer.
    The Supreme Court refused to entertain an impleading application moved by residents of Gyaspur Colony, South Delhi challenging a Delhi High Court order regarding their rehabilitation under the Delhi Slum & JJ Rehabilitation and Relocation policy, 2015.
    Manish Sisodia, Deputy Chief Minister of Delhi, has approached the Supreme Court of India challenging his arrest by the Central Bureau of Investigation (CBI) in an alleged case of corruption relating to now-scrapped excise policy.
    The Punjab Government has approached the Supreme Court of India challenging the refusal of Governor Banwarilal Purohit to grant permission to the government to summon the budget session scheduled on March 3.
    If an arbitrator unilaterally increases his fees and if the same is accepted by one party and opposed by the other party, is there a likelihood of bias in the mind of the arbitrator against the party who opposed the increase of the fees? The Supreme Court has decided to consider this issue.
    A Public Interest Litigation seeking to frame rules and guidelines for registration of live-in partnerships in India has been filed in the Supreme Court of India.
    The Punjab Governor informed the Supreme Court that he has summoned the budget assembly of Punjab assembly from March 3.
    The Supreme Court refused to entertain a petition filed by Manish Sisodia, Deputy Chief Minister of Delhi, challenging the arrest by the Central Bureau of Investigation (CBI) in an alleged case of corruption relating to the now-scrapped excise policy.
    The Supreme Court directed the trial against Dera Sacha Sauda leader and ‘godman’ Gurmeet Ram Rahim and seven other acolytes of the religious cult in three interlinked cases of sacrilege of Guru Granth Sahib at Bargari in 2015 to be transferred from Punjab’s Faridkot to Chandigarh.
    The Supreme Court expressed its prima facie view that the the present ratio of 1:3 between the judges who are elevated from District Judiciary to the High Courts from the service cadre and those who are elevated from the Bar needs to be maintained.
    The Constitution bench of the Supreme Court of India, while hearing the pleas concerning the issues arising out of the rift within Shiv Sena party between Eknath Shinde and Uddhav Thackeray groups, asked whether holding a floor test during the pendency of disqualification proceedings would amount to legitimising defection.
    To deny bail on the basis of the little evidence that the centre has against Bhima Koregaon-accused Vernon Gonsalves was a ‘stretch’, said senior advocate Rebecca John, appearing on behalf of the jailed activist. “There is no evidence,” said John, after taking the court through the documents on which the National Investigation Agency relied.
    The Supreme Court issued notice to the State of Tamil Nadu in a plea relating to the missing of 41 case diaries regarding the investigation of temple idol theft cases.
    In the Shiv Sena case, the Uddhav Thackeray side concluded their arguments before the Supreme CourT.
    The Supreme Court recently directed the Tamil Nadu government to consider the premature release of a convicted Sri Lankan citizen, incarcerated for over 35 years.
    The Supreme Court agreed to hear on March 3 the petition filed by the Tamil Nadu Government 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.
    After mobile internet services were suspended in 11 districts in Rajasthan to prevent cheating in a competitive examination to recruit government schoolteachers, a petition has been filed in the Supreme Court seeking the implementation of the Anuradha Bhasin guidelines for internet shutdowns.
    The Supreme Court was informed that most State Governments have complied with the directions regarding disbursal of the pension arrears to retired arrears after enhancement.
    The National Investigation Agency told the Supreme Court that the delay in the trial of the Bhima Koregaon accused could not be attributed to them.
    The Supreme Court will deliver judgment on a batch of petitions seeking an independent mechanism to appoint Election Commissioners in the Election Commission of India so as to ensure the independence and autonomy of the poll panel.
    The Supreme Court will pass orders tomorrow on constituting an expert committee to review the regulatory mechanism in the light of Adani-Hindenburg issue.
    For the application of anti-defection law (tenth schedule of the Constitution), it does not matter whether the rival group is the minority or majority within the political party if their acts amount to defection, observed the Supreme Court while hearing the arguments of the Eknath Shinde group in the Shiv Sena case.
    Show us where the Bhima Koregaon-accused Vernon Gonsalves and Arun Ferreira encouraged others they allegedly ‘recruited’ to pick up arms against the government, the Supreme Court told the National Investigation Agency.
    Former Chief Justice of India AM Ahmadi passed away at 91. Born in Surat, Justice Ahmadi entered the legal profession in 1954 with his enrolment in Bombay. Ten years later he was appointed as a Judge in the City Civil & Sessions Court at Ahmedabad. He was elevated to the Gujarat High Court in 1976.
    The Supreme Court constituted an expert committee to review the regulatory mechanism in the light of the Adani-Hindenburg issue.
    On March 2, 2023, a heated exchange occurred between the Chief Justice of India Dr DY Chandrachud, and the President of the Supreme Court Bar Association (SCBA), Senior Advocate Vikas Singh, regarding the listing of the petition to convert the land measuring 1.33 acres that was allotted to the Supreme Court into chamber blocks for lawyers.
    Senior Advocates Kapil Sibal and Neeraj Kishan Kaul have expressed regret over the heated exchange that broke out between Chief Justice of India DY Chandrachud and President of SCBA Vikas Singh.
    The Supreme Court of India, in its judgement constituting an expert committee to review the regulatory mechanism in the light of Adani-Hindenburg issue, provided details regarding a note SEBI had submitted before the bench to set out the existing statutory regime for investors in India. The court remarked that the constitution of the expert committee did not divest SEBI of its powers or responsibilities in continuing with its investigation into the volatility in the securities market in India.
    Chief Justice Of India, DY Chandrachud said that judges should allow lawyers to work on their electronic gadgets inside the courtrooms and must ensure internet facilities with adequate firewalls there so that it is put to genuine and authorised use.
    A Constitution bench of the Supreme Court of India comprising CJI DY Chandrachud, Justice MR Shah, Justice Krishna Murari, Justice Hima Kohli, and Justice PS Narasimha continued hearing the pleas concerning the constitutional issues arising out of the rift within Shiv Sena party between Eknath Shinde and Uddhav Thackeray groups. Senior Advocate Harish Salve argued that the matter fell within the domain of politics and it could be perilous for the judiciary to embark upon it.
    The Supreme Court reserved its verdict on a plea by Babbar Khalsa terrorist and death row convict, Balwant Singh Rajoana for his death sentence to be commuted to life imprisonment. The BKI operative was convicted for his role in the assassination of the former chief minister of Punjab, Beant Singh, in August 1995.
    The Supreme Court collegium has recommended the appointment of senior advocate Kardak Ete for appointment as a Gauhati High Court judge.
    The resolution passed by the Supreme Court Collegium is notable for picking up a lawyer with physical disabilities for elevation as a judge of the High Court.
    The Supreme Court of India lamented, that corruption was one of the main reasons as to why the ‘preambular promise’ of the Constitution to achieve equal distribution of wealth remains a distant dream.
    Chief Justice of India DY Chandrachud said that he will list the Karnataka hijab case after the Holi vacations. The lawyer appearing on behalf of Shariat committee sought an early listing as the exams are commencing from March 9.
    The Supreme Court decided to hear after Holi vacations the petition filed by Trinamool Congress spokesperson Saket Gokhale challenging the order of the Gujarat High Court which denied him bail in case related to alleged misappropriation of funds collected through crowdfunding.
    The Tamil Nadu Government told the Supreme Court that it is not totally opposed to the route marches proposed to be carried out by the Rashtriya Swayamsevak Sangh (RSS) in the State but wanted it to be restricted with conditions in certain areas.
    The Supreme Court of India stayed the arrest of the Vice Chancellor (Dr.) Rajendra Bihari Lal and Director Vinod Bihari Laland of Sam Higginbottom University of Agriculture, Technology and Sciences (formerly Allahabad Agricultural Institute) in connection with a mass religious conversion case.
    The Supreme Court has extended the interim bail granted to Congress spokesperson Pawan Khera and listed his plea on 17th March 2023. Khera was arrested by Assam police from Delhi airport over his comment about Prime Minister Narendra Modi. The matter was listed before a bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala.
    The Supreme Court reserved its verdict on the bail applications of Bhima Koregaon-accused and activists Vernon Gonsalves and Arun Ferreira, both of whom have been lodged in jail since August 2018 for alleged offences under the Unlawful Activities (Prevention) Act, 1967.
    The Supreme Court adjourned the hearing in 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, till Monday, March 13.
    Abdul Nazir Maudany, the chairman of Kerala People’s Democratic Party (PDP) and a prime accused in the 2008 Bengaluru serial bomb blasts case, has approached the Supreme Court again seeking a relaxation of his bail conditions allowing him to live in his hometown in Kerala.
    On February 23, 2023, Chief Justice of India (CJI) DY Chandrachud inaugurated the American Bar Association (ABA) Conference, a three-day international conference on "Law in Age of Glocalisation: Convergence of India and the West". During his keynote address, CJI Chandrachud highlighted the importance of inclusivity and diversity in the legal profession.
    The Supreme Court issued notice in a plea filed by the All India Council of Mayors seeking to allow Mayors in Uttar Pradesh local bodies to continue in their offices till their successors are elected.
    The Supreme Court refused to interfere with an order of the Rajasthan High Court quashing a FIR registered against a 22-year old over a physical relationship with a 16-year old girl which led to her pregnancy and child birth.
    The Supreme Court of India asked the Centre to ascertain the number of deaths of tigers in the country in the recent past.
    Chief Justice of India DY Chandrachud has expressed concerns about the rise of fake news and intolerance in the age of social media. While speaking at the inaugural function of the American Bar Association conference at New Delhi
    Amid the Supreme Court registry preparing to commence a training process for lawyers before the introduction of a new e-filing system, the Supreme Court Advocates-on-Record Association has expressed a grievance that the association or any of its members were not consulted before deciding to launch the software.
    Organized by the students of the Harvard Kennedy School and Harvard School of Business, the 20th edition of the annual Harvard India Conference was held on February 11 and 12, 2023. This year, as India completes 75 years of independence, the conference's theme, "Vision 2047: India at 100 Years of Independence," led to deliberations on the hopes and challenges for the next 25 years.
    An inquiry commission needs to be set up for an impartial investigation to establish the whole gamut of factors that contributed to the 2020 north-east Delhi violence, and to determine the adequacy of the response of the state and its instrumentalities before, during, and after the riots, suggested former Supreme Court judge Madan Lokur. “The whole nation deserves to know what happened here in February 2020.”
    In the Shiv Sena case between Eknath Shinde and Uddhav Thackeray groups, the powers of the Governor were debated at lengths in the Supreme Court.


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