100 Important Judgments Of Supreme Court 2023 -Part 3[51-75]

The judgments are selected based on the following criteria - (i) importance to the general public; (ii) settlement of a contested position of law; (iii) utility for practising lawyers, judges and students.

A disclaimer is added here that the judgments included in the list are not necessarily good or the best judgments; some of them are controversial and regarding some others, there are strong counter-views. Yet, these judgments are worthy of being noted and discussed upon, considering their general importance and impact on litigation and general socio-political arena. Hence, the inclusion in this list. The judgments are arranged in the chronological order. The reports about the judgments are hyperlinked at the case description.

The list of 100 judgments will be published in four parts and this is the second part. Part 1 can be read here. Part 2 can be read here. Part 4 can be read here.

Case Title : Ritu Chhabaria v. Union of India And Ors, 2023 LiveLaw (SC) 352.

The Supreme Court held that without completing an investigation of a case, a chargesheet or prosecution complaint can't be filed by an Investigating Agency only to deprive an accused of his right to default bail under Section 167 of CrPC. It may be noted that a 3-judge bench of the Court later effectively kept this judgment in abeyance by directing that Courts should not grant bail relying on Ritu Chhabaria.

52. View That There Cannot Be Police Custody Beyond 15 Days From Date Of Arrest Should Be Reconsidered : Supreme Court

Case Title : Vikas Mishra v. CBI, Citation : 2023 LiveLaw SC 283

The Supreme Court opined that its decision in CBI v. Anupam J. Kulkarni, wherein it was observed that there cannot be police custody beyond 15 days from the date of arrest, requires to be re-considered.

53. Accused Not Entitled To Default Bail When First Extension(Passed In Absence Of Accused) Wasn't Challenged & Second Extension Was Passed In His Presence

Case Title : Qamar Ghani Usmani v. The State of Gujarat , Citation :2023 LiveLaw (SC) 297

The Supreme Court held that an accused cannot claim the benefit of default bail, when he did not challenge the first extension of time granted for investigation and the second extension was granted in his presence and when the chargesheet was subsequently filed within the period of extension.

54. Govt Employees Can't Be Denied Annual Increment Merely Because They Retired The Next Day Of Earning It

Case Title : The Director (Admn and HR) KPTCL & Others vs CP Mundinamani and others, Citation : 2023 LiveLaw (SC) 296

In a significant judgment, the Supreme Court has held that government employees cannot be denied the annual increment merely because they are to retire on the very next day of earning the increment.

55. Can't Direct That 50% HC Judges Should Be From District Judiciary; But At Least 1/3rd Should Be From Judicial Services : Supreme Court

[Case Title: All India Judges Association And Ors. v. Union of India And Ors. WP(C) No. 1022/1989]

Citation : 2023 LiveLaw (SC) 385

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.

56.  Section 140(5) Companies Act 2013 Is Constitutional; Resignation Of Auditor Won't End Proceedings Under Sec 140(5) : Supreme Court

[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".

57. District Police Chief Can't Order Further Investigation Without Permission From Magistrate Or Higher Court: Supreme Court

Case Title: Peethambaran v. State of Kerala & Anr. Citation : 2023 LiveLaw (SC) 402

The Supreme Court stated 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.

58. IBC | Date Of Order Pronouncement & Time Taken To Provide Certified Copy Excluded From Limitation Period For Appeal To NCLAT : Supreme Court

[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.

Related - IBC | When Matter Heard On A Particular Date But Order Pronounced Later, NCLT Not To Affix Date Of Hearing On Order: Supreme Court

59. 2015 Arbitration Amendment Not Applicable Though S.11 Application Was Filed After It, If Arbitration Notice Was Issued Pre-Amendment: Supreme Court

[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.

60. GNCTD vs LG: Supreme Court Holds Delhi Govt Has Control Over "Services" Excluding Public Order, Police & Land

[Case Title : Government of NCT of Delhi vs Union of India] Citation : 2023 LiveLaw (SC) 423

The Supreme Court Constitution Bench 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. All reports about the judgment can be found here.

61. Maharashtra Case - Governor's Decision For Floor Test Wrong, But Uddhav Govt Can't Be Restored As He Resigned : Supreme Court

[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.  All Other reports about the judgment can be read here.

62. 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.

63. Supreme Court Modifies Guidelines For Senior Advocate Designations; Says Process Should Be Done At Least Once A Year

[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.

64. Ensure ICCs Are Constituted Under POSH Act : Supreme Court To All Govts, Statutory Professional Bodies, Universities Etc

[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.

65. IBC | NCLT Has To Admit Sec 7 Petition If Debt Is Due; Decision In 'Vidarbha Industries' Based On Its Facts : Supreme Court

[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”).

66. Supreme Court Laments Trial Judges Not Using Section 313(5) CrPC; Asks Judicial Academies To Take Notice

[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.

67. 'Receipt Of Bribe Is An Act Of Money Laundering' : Supreme Court Says Registration Of FIR In Corruption Case Sufficient To Launch ED Probe; Refuses To Refer 'Vijay Madanlal Choudhary' Judgment, Which Upheld PMLA Provisions, To Larger Bench

[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.

68. Supreme Court Upholds Laws Allowing Jallikattu, Kambala & Bull-Cart Racing In Tamil Nadu, Karnataka & Maharashtra

[Case Title: The Animal Welfare Board of India And Ors. v. UoI And Anr. WP(C) No. 23/2016]

Citation : 2023 LiveLaw (SC) 447

A Constitution Bench of 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.

69. Electricity Dues Of Previous Occupier Can Be Recovered From Subsequent Occupier Of Premises : Supreme Court

[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.

70. Increase In Salary Of High Court Judges Must Reflect In Same Proportion To District Judges : Supreme Court

[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. 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.

71.  State Monopolies, Govt Companies & PSUs Can't Violate Competition Act : Supreme Court