Supreme Court Weekly Round-up: December 9, 2024 To December 15, 2024

IndexCitationsKunhimuhammed @ Kunheethu v. State of Kerala 2024 LiveLaw (SC) 964National Highways Authority of India v. G Athipathi and Others, Civil Appeal No. 14100 of 2024 2024 LiveLaw (SC) 965Tej Bhan (D) Through Lr. & Ors. v. Ram Kishan (D) Through Lrs. & Ors. 2024 LiveLaw (SC) 966Leela Agrawal v. Sarkar & Anr. 2024 LiveLaw (SC) 967Dara Lakshmi Narayana & Others v. State...

How Supreme Court's Judgment In Nestle Case Is Linked To Switzerland Revoking India's MFN Status

Last week, Switzerland decided to suspend the Most Favoured Nation (MFN) treatment for India with effect from January 1, 2025. The Swiss authorities cited a judgment passed by the Supreme Court in 2023 in its decision to revoke India's MFN status.“On the basis of the Indian Supreme Court ruling, the Swiss competent authority acknowledges that its interpretation of para. 5 of the Protocol to...

Wrong Practice Of Converting Civil Disputes Into Criminal Cases Rampant In Many States : Supreme Court

The Supreme Court today (December 16) expressed concerns over the 'wrong and rampant practice' of converting civil disputes into criminal cases in several states. The bench of CJI Sanjiv Khanna and Justice Sanjay Kumar was hearing a plea seeking the quashing of charges under Sections 420, 406, 354, 504, 506 I.P.C. filed against the petitioner by the complainant who alleged foul play in...

Supreme Court Expresses Disinclination To Stay Karnataka Lokayukta Investigation In DK Shivakumar Disproportionate Assets Case

In pleas challenging withdrawal of consent accorded by Karnataka government for CBI to prosecute Congress leader and Deputy CM DK Shivakumar in a disproportionate assets case, the Supreme Court today expressed disinclination to pass any interim order regarding ongoing investigation by Karnataka Lokayukta.A bench of Justices Surya Kant and Ujjal Bhuyan heard the matter, arising out of...

'Ban Free Online Pornography, Castrate Rapists' : PIL Seeks Measures For Women Safety; Supreme Court Seeks Responses Of Union & States

The Supreme Court today issued notice to the Union and States on a public interest litigation seeking pan-India guidelines for safety of women. The PIL prays inter-alia for regulation of social behavior in public transport, ban on free online pornographic material and castration of persons convicted for sex offenses (against women and children).A bench of Justices Surya Kant and Ujjal...

Arbitration Can't Be 'Optional' When Agreement Provides Arbitration Clause : Supreme Court

The Supreme Court held that there cannot be an 'optional' arbitration, where parties are required to mutually agree to invoke the arbitration clause.Setting aside the MP High Court's decision, the Court said that there is nothing like 'optional arbitration' that could be invoked after both parties mutually agree to invoke the arbitration clause. According to the Court, arbitration is...

'How Is Shouting 'Jai Sriram' Inside Mosque An Offence?' : Supreme Court Asks Complainant, Seeks Karnataka Police's Stand

The Supreme Court on Monday (December 16) sought the stand of the State of Karnataka in a petition challenging the Karnataka High Court's view that shouting 'Jai Sriram' inside a mosque would not amount to an offence. A bench of Justices Pankaj Mithal and Sandeep Mehta was hearing a petition filed by the complainant in the case against the judgment of the Karnataka High Court dated September...

Advocate Cannot Do Full-Time Journalism : Bar Council Of India Tells Supreme Court

The Bar Council of India informed the Supreme Court that a practicing advocate cannot work simultaneously as a full-time journalist. This is due to the bar under Rule 49 of the BCI Rules of Conduct, which provides an advocate must not engage in full-time salaried employment while practicing law.A bench of Justice Abhay S Oka and Justice Manmohan was told by Advocate Radhika Gautam appearing...

Land Acquisition Act 1894 | Re-determination Of Compensation Under S. 28A Can Be Sought Based On High Court's Enhacement : Supreme Court

Recently, the Supreme Court ruled that a claim for re-determination of enhanced compensation under Section 28-A of the Land Acquisition Act, 1894, cannot be denied merely because it was based on the High Court's decision to enhance compensation instead of the Reference Court's decision under Section 18 of the Act. The Court clarified that to claim re-determination of compensation under...

NIA Can Investigate Unscheduled Offences Connected With Scheduled Offences : Supreme Court

The Supreme Court held that the National Investigation Agency (NIA) has the power to investigate an offence, which is not included in the schedule of the NIA Act, if it is connected with an offence which is included in the schedule of the NIA Act.The Court clarified this legal position while upholding the order of the Punjab & Haryana High Court which cancelled the bail of a man accused in...

Plea To Use CSR Funds Of Oil Companies On Public Transport: Supreme Court Allows Petitioner To Make Representations

The Supreme Court on Friday (December 13) disposed of a Public Interest Litigation seeking directions for the public and private sector oil companies to contribute under Corporate Social Responsibility (CSR) under the Indian Companies Act, 2013 to public transport services for a few heavily polluted cities to restore and compensate environmental damages occurring due to these companies'...

Plea In Supreme Court Against Yati Narsinghanand's 'Dharam Sansad'; Contempt Action Sought Against Uttar Pradesh Police

A contempt petition has been filed against Uttar Pradesh administration and police for not taking steps against the 'Dharam Sansad' which is being organised between December 17 to 21 at Ghaziabad by Yati Narasinghanand, who has a history of making communal statements targeting the Muslim community.The petitioners, including former civil servants and activists, point out that the website and...