Complete Supreme Court Yearly Digest Part-6

ElectricityElectricity - A basic amenity of which a person cannot be deprived - Electricity cannot be declined to a tenant on the ground of failure/refusal of the landlord to issue no objection certificate. All that the electricity supply authority is required to examine is whether the applicant for electricity connection is in occupation of the premises in question. Dilip v. Satish, 2022...

Election Commission Recognises Eknath Shinde Group As Official "Shiv Sena", Allows Them To Use "Bow & Arrow" Symbol

The Election Commission of India has recognised Eknath Shinde group as official "Shiv Sena", and allowed them to use official "Bow & Arrow" symbol and "Shiv Sena" name.Uddhav Thackeray camp has been allowed to use the name Shiv Sena (Uddhav Balasaheb Thackeray) and the symbol of "flaming torch" for the upcoming bye-elections in Maharashtra assembly.The order has been passed unanimously by...

"It Is Not As If This Court Approved Of Adultery" : Supreme Court Clarifies 'Joseph Shine' Judgment That Declared Section 497 IPC Unconstitutional

It is not as if this Court approved of adultery, the Supreme Court observed in its order clarifying that its 2018 judgment striking down Section 497 IPC [Joseph Shine v. Union of India (2019) 3 SCC 39 ] will not impact court martial proceedings initiated against personnel serving the armed forces for adulterous conduct.A five judge bench comprising Justices KM Joseph, Ajay Rastogi,...

Union Govt Seeks Modification Of Senior Designation Guidelines; Says Point-Based System As Per SC Judgment Dilutes Honour Of Advocacy

The Union Government has recently filed an application in Senior Advocate Indira Jaising’s petition seeking reforms in the process of designation of Senior Advocate. On Thursday (16th February, 2023), when the petition along with allied applications came up for hearing before a Bench comprising Justice S.K. Kaul, Justice Manoj Misra and Justice Aravind Kumar, the Solicitor General of...

Sanjiv Bhatt Moves Supreme Court Challenging Gujarat HC Order Setting Timeline For Trial In Drug Planting Case

On Friday, a Division Bench of the Supreme Court comprising Justice B.R. Gavai and Justice Manoj Misra, adjourned the hearing of the plea filed by former IPS officer Sanjiv Bhatt, assailing order of Gujarat High Court to complete the trial in the two-decade old drug seizure case within a stipulated time period. As per the Special Leave Petition, the order of the High Court has been...

MCD Mayor Polls : Nominated Members Can't Vote, Holds Supreme Court; Election To Be Notified In 24 Hours

Ending a major controversy over the election of Mayor of Municipal Corporation of Delhi, the Supreme Court on Friday held that nominated members of the municipal corporation cannot vote in the elections for mayor.The Court also held that nominated members cannot vote either in the elections for Deputy Mayor and Standing Committees. Also, the election of the Mayor has to precede the election...

Supreme Court Stays Trial Against Arvind Kejriwal Over Alleged 'Khuda Believers Won't Be Pardoned If They Vote For BJP' Remark

In a temporary relief to Delhi Chief Minister Arvind Kejriwal, the Supreme Court on Friday stayed 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.Kejriwal had approached the Supreme Court challenging the the order passed by the Allahabad High Court...

Adani-Hindenburg | 'We Can't Start With Presumption Of Regulatory Failure' : Supreme Court To Constitute Expert Committee

The Supreme Court on Friday said that it will pass orders to constitute an expert committee to review the regulatory mechanism in the light of the Adani-Hindenburg issue.The bench comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha and JB Pardiwala however refused to accept the names proposed by the Central Government in a sealed cover for inclusion in the proposed...

Plea To Prevent Milk Adulteration : Supreme Court Issues Notice To FSSAI

The Supreme Court on Friday heard a contempt petition arising from the judgement of the Supreme Court in Swami Achyutanand Tirth v. Union of India in which directions were issued for the implementation of Food Safety and Standards Act 2006. While hearing the petition, the bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala allowed the petitioners...

'How Can CBI Investigate MLA Poaching Case When Allegations Are Against BJP? Centre Controls CBI’: Telangana Police To Supreme Court

On Friday, the Telangana Police assailed the transfer of the investigation of the case pertaining to the alleged attempt to poach BRS MLAs to the Central Bureau of Investigation (CBI). Senior Advocate, Mr. Dushyant Dave appearing for the State Police told the Supreme Court that the allegations are against the members of the Bharatiya Janata Party (BJP) and hence transferring the matter to...

Numbers Of Students With Special Needs, Special Teachers : Supreme Court Seeks Details From State

Earlier this week, the Supreme Court of India ordered the State governments to file an affidavit giving a list of details including the number of students with special needs and the number of teachers required.A Bench of Justices Dinesh Maheshwari and Sanjay Kumar have sought the following details from the States: Number of children with special needs;Number of special teachers...

Conviction U/S 498A IPC Not Sustainable When Marriage Is Found To Be Null & Void : Supreme Court

The Supreme Court observed that the conviction under Section 498-A IPC would not be sustainable when the marriage was found to be null and void.In this case, the accused were convicted for the offences punishable under Section 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act. In appeal before the Apex Court, it was contended that, as the marriage between the parties has been held to...