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Supreme Court Weekly Round Up (24th April to 30th April 2023)
LIVELAW NEWS NETWORK
5 May 2023 9:51 AM IST
With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest to keep our readers up to date with the latest legal developments in the Apex court of the country.Judgments/OrdersS.17 Registration Act | High Court Cannot Exercise Writ Jurisdiction To Alter Or Amend Registered Lease Deed: Supreme Court[Case Title: Gwalior Development Authority And...
With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest to keep our readers up to date with the latest legal developments in the Apex court of the country.
Judgments/Orders
[Case Title: Gwalior Development Authority And Anr. v. Bhanu Pratap Singh| Citation : 2023 LiveLaw (SC) 340]
The Supreme Court Bench comprising Justices Ajay Rastogi and Bela M. Trivedi held that when a lease deed is executed after compulsory registration under Section 17 of the Registration Act, 1908, it is nowhere open to be altered or amended even by the High Court in exercise of its jurisdiction under Article 226 of the Constitution.
[Case Title: Charan Singh @ Charanjit Singh v. State of Uttarakhand| Citation: 2023 LiveLaw SC 341]
The Supreme Court Bench comprising Justices AS Oka and Rajesh Bindal held that mere death of a wife under unnatural circumstances, in a matrimonial home, within seven years of marriage is not sufficient to convict the husband for dowry death.
[Case Title: Seethamal And Anr. v. Narayanasamy And Ors.| Citation: 2023 LiveLaw SC 342]
The Supreme Court Bench comprising Justices AS Bopanna and Hima Kohli has made it clear that a first appeal and a second appeal arising out of two proceedings cannot be clubbed and disposed of by a common judgment even though the parties are essentially the same and the property in dispute is common.
[Case Title: M/s. N.N. Global Mercantile Pvt. Ltd. v. M/s. Indo Unique Flame Ltd. And Ors.| Citation : 2023 LiveLaw (SC) 343]
A Constitution Bench of the Supreme Court comprising Justices K.M. Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and C.T. Ravikumar answered the reference, which pertains to the issue - whether the arbitration clause in a contract, which is required to be registered and stamped, but is not registered and stamped, is valid and enforceable.
[Case Title: The Commissioner of Income Tax, Jaipur v. Prakash Chand Lunia (D) Thr. Lrs. And Anr.| Citation : 2023 LiveLaw (SC) 348]
The Supreme Court Bench comprising Justices MR Shah and MM Sundresh set aside the Rajasthan High Court’s order of allowing the loss claimed by the assessee on account of confiscation of silver bars by the Customs department, as ‘business loss’ under Section 37(1) of the Income Tax Act, 1961.
Conviction Cannot Be Upheld In The Absence Of The Records Of The Trial Court: Supreme Court
[Case Title: Jitendra Kumar Rode v. Union of India| Citation : 2023 LiveLaw (SC) 349]
The Supreme Court Bench comprising Justices Krishna Murari and Sanjay Karol set aside the judgment of the Allahabad High Court which upheld the conviction of a person under Prevention of Corruption Act, on the ground that High Court shall not decide an appeal without calling for the records of the case from the Trial Court.
[Case Title: State of Gujarat And Ors. Etc. v. Dr. P.A. Bhatt And Ors. Etc.| 2023 LiveLaw SC 350]
The Supreme Court Bench comprising Justices V. Ramasubramanian and Pankaj Mithal held that Allopathy doctors and doctors of indigenous medicine cannot be said to be performing equal work so as to be entitled to equal pay.
[Case Title: In Re: T. N. Godavarman Thirumulpad v. Union of India & Ors.| Citation: 2023 LiveLaw (SC) 351]
The Supreme Court Bench comprising Justices B. R. Gavai, Vikram Nath and Sanjay Karol modified its order dated June 3, 2022 to the extent that directions in the said order mandating a 1 km Eco-Sensitive Zone (ESZ) around protected forests would not be applicable to the ESZs in respect of which a draft and final notification has been issued by the Ministry of Environment, Forest and Climate Change (MoEF & CC) and in respect of the proposals which have been received by the Ministry.
Irretrievably Broken Down Marriage Can Be Dissolved On Ground Of 'Cruelty' : Supreme Court
[Case Title: Shri Rakesh Raman v. Smt. Kavita| Citation: 2023 LiveLaw (SC) 353]
In a notable judgment, the Supreme Court Bench comprising Justices Sudhanshu Dhulia and JB Pardiwala held that irretrievable breakdown of marriage can be read as the ground of "cruelty" under Section 13 (1)(ia) of the Hindu Marriage Act for the dissolution of marriage.
Ganja Seeds Not Banned Contraband Under NDPS Act : Supreme Court
[Case Title: Hasubhai Kamabhai Thakor v. State of Gujarat| Citation : 2023 LiveLaw (SC) 354]
The Supreme Court Bench comprising Justices Hrishikesh Roy and Manoj Misra granted bail to a man accused of supplying Ganja seeds on the ground that the definition of "ganja" under the Narcotic Drugs and Psychotropic Substances Act, 1985 does not include ganja seeds.
[Case Title: The Sub Registrar, Amudalavalasa And Anr. v. M/s Dankuni Steels Ltd. And Ors.| Citation: 2023 LiveLaw (SC) 357]
The Supreme Court Bench comprising Justices K.M. Joseph and Hrishikesh Roy held that the registration authorities are empowered under the proviso to Section 27 of the Indian Stamps Act, 1899, as inserted by the Andhra Pradesh Amending Act, 1988, to inspect the property, which is the subject matter of the instrument, make necessary enquiries and satisfy itself that the provisions of Section 27, which requires that all facts affecting the levy of Stamp Duty are fully and truly set forth in instrument, are complied with.
[Case Title: Sukhbir Singh Badal v. Balwant Singh Khera And Ors.| Citation: 2023 LiveLaw (SC) 359]
The Supreme Court Bench comprising Justices MR Shah and CT Ravikumar quashed the criminal proceedings pending against Shiromani Akali Dal chief Sukhbir Singh Badal, his father and five-time former Punjab Chief Minister Parkash Singh Badal, and party senior vice-president Daljit Singh Cheema in an alleged forgery case over the political party’s dual constitutions.
New Updates
The Supreme Court Bench comprising Justices MR Shah and CT Ravikumar closed the contempt proceedings against the founder of the Indian Premier League, Lalit Modi in relation to his social media posts against the India judiciary.
Supreme Court Issues Notice On Women Wrestlers' Plea Alleging Sexual Harassment By WFI President
The Supreme Court Bench comprising CJI DY Chandrachud and Justice PS Narasimha issued notice on the petition moved by top women wrestlers of the country, seeking registration of a FIR against BJP MP and Wrestling Federation of India (WFI) president Brij Bhushan Sharan Singh over alleged sexual harassment.
The Supreme Court Bench comprising Justices KM Joseph and BV Nagarathna adjourned till May 9, the hearing in a petition challenging the Karnataka government’s decision to scrap an almost three-decade-old four per cent reservation provided to Muslims in the Other Backward Classes (OBC) category in the state.
The Chief Justice of India DY Chandrachud reminded the petitioners seeking legal recognition of queer marriages in India that Parliament is empowered to legislate on the subject of marriage and divorce and therefore inquired as to the scope of interference by the Supreme Court in such matters.
Senior Advocate Saurabh Kirpal argued before the Constitution Bench of the Supreme Court comprising the Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and PS Narasimha, prevention of queer marriages in India by not granting them legal recognition may lead to lavender marriages between a man and woman— where either or both the spouse are homosexual.
Supreme Court Stays Madras HC Order Setting Aside Ban On Chewing Tobacco In Tamil Nadu
The Supreme Court Bench comprising Justices KM Joseph and BV Nagarathna stayed the operative part of the Madras High Court’s order setting aside a notification issued by the Tamil Nadu State Commissioner of Food Safety imposing a ban on sale of Gutka, Pan Masala, flavoured or scented food products or chewable food products that contain tobacco or nicotine.
The Supreme Court Bench comprising Justices Krishna Murari and CT Ravikumar 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.
The Centre in its affidavit filed in response to the petitions challenging the Muslim Women (Protection of Rights on Marriage) Act 2019 has stated that the despite the ruling of the Supreme Court declaring the practice of Triple Talaq unconstitutional, reports show that this practice of divorce continues to exist.
Advocate Arundhati Katju, while addressing the Constitution Bench of the Supreme Court comprising the Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and PS Narasimha in the petitioners seeking legal recognition for queer marriages in India, asked the Top Court to issue a positive declaration that marriage solemnised under Special Marriage Act and parties to such marriage will be entitled to all rights & obligations, notwithstanding gender identity & sexual orientation.
A plea has been moved in the Supreme Court challenging the restoration of Lakshadweep MP Mohammed Faizal Khan's Lok Sabha Membership. His membership was restored last month in view of the Kerala High Court suspending his conviction, on January 25, 2023, in an attempt to murder case.
While hearing the petitioners seeking legal recognition for queer marriages in India, the Chief Justice of India DY Chandrachud expressed his reservation over US Supreme Court's controversial decision in Dobbs v. X which held that there is no constitutional right to abortion.
The Union of India urged the Constitution Bench of the Supreme Court comprising the Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and PS Narasimha to leave the question of granting members of the LGBTQIA+ community an equal right to marry, and subsequently, regulating such marriage, to the wisdom of the legislature.
The Union of India argued against the ‘reading in’ of gender neutrality in the provisions of the Special Marriage Act, 1954 on the ground that the legislature had ‘consciously’ intended for it to be an act recognising only heterosexual unions.
The Supreme Court Bench comprising Justice KM Joseph, Justice BV Nagarathna and Justice Ashanuddin Amanullah refused to entertain self-styled godman Swami Shraddhanand’s plea to be released on temporary parole. The 82 year old, Swami Shraddhanand alias Murali Manohar Mishra who has been in prison for almost 30 years now, is currently undergoing life imprisonment for the murder of his wife Shakereh Khaleeli - the granddaughter of Dewan of Mysore, Sir Mirza Ismail.
While hearing the marriage equality pleas the Constitution bench of the Supreme Court comprising the CJI DY Chandrachud, Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli, and PS Narasimha orally asked the Union Government if it was willing to grant social welfare benefits to same-sex couples, without conferring such relationships legal recognition.
The Union Government’s affidavit filed before the Supreme Court in a plea seeking enforcement of rights of persons with disabilities by constituting District Level Committees for each district to implement the Right of Persons with Disabilities Act 2016 [“2016 Act”], discloses that some State Governments/Union Territories are yet to formulate rules under Section 101 of the 2016 Act. The affidavit also indicates that some of the States Government/UTs have still not constituted District Level Committee under Section 72 of the 2016 Act.
While hearing the marriage equality petitions the CJI DY Chandrachud orally remarked that Indian culture was "extraordinarily inclusive" and it was due to the impact of the British Victorian morality that Indians had to foresake their cultural ethos and become exclusionary of queer individuals.
The Supreme Court released a list of over 10,000 judgments from January 1, 2014 to March 31, 2023 with proposed neutral citations to facilitate crowdsourced checking, so that any missing or incorrect items can be addressed with the help of legal professionals and publishers.
The Supreme Court Bench comprising Justices KM Joseph, BV Nagarathna and Ahsanuddin Amanullah allowed the Ansal Brothers, who were convicted for negligence in the Uphaar Fire Tragedy case, to move an application before the concerned trial court for de-sealing of the theatre hall and get back its custody.
The Supreme Court Bench comprising Justice AS Oka and Justice Rajesh Bindal recently rapped the State of Uttar Pradesh for not complying with the Court’s earlier order which directed to consider and pass orders on the application of a convict seeking permanent remission.
In a significant development, the Supreme Court Bench comprising Justices KM Joseph and Justice BV Nagarathna extended the application of its October 2022 order (which directed the Delhi, Uttar Pradesh and Uttarakhand Police to take suo motu action against hate speech cases) to all States and Union Territories. So now, all States/UTs are enjoined to take suo motu action to register FIR against hate speeches, without waiting for any formal complaint.
The Supreme Court Bench comprising Justices S Ravindra Bhat and Dipankar Datta sought a "comprehensive affidavit" from the Uttar Pradesh government on the steps taken to enquire into the killings of gangster-politician Atique Ahmed and his brother Ashraf Ahmed which took place on April 15 at Prayagraj when they were being taken to a hospital for medical check up in police custody. The bench has also sought information on the inquiry into the encounter killings of the other accused in the Umesh Pal murder case, including Atique Ahmed's son Asad.
The Supreme Court Bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha directed the Chief Justice of Calcutta High Court to reassign the matter concerning the Primary Teachers' Recruitment Scam in West Bengal to another judge. Till now, the matter was being dealt by Justice Abhijit Gangopadhyay of the Calcutta High Court who had directed the CBI and the ED to question TMC national general secretary Abhishek Banerjee.
In a significant development, the Supreme Court Bar Association has taken exception to the Bar Council of India opposing the hearing of the same-sex marriage case in the Supreme Court.
Opposing a plea for clubbing of first information reports (FIR) lodged against YouTuber Manish Kashyap over spreading fake news about attacks against Bihari migrants in Tamil Nadu, the Tamil Nadu government has told the Supreme Court that he cannot “seek the shelter of the umbrella of constitutional rights” after disturbing public order and national integrity.
In a plea pertaining to the Bihar Government’s decision to conduct a caste-based census in the State, the Supreme Court Bench comprising Justices MR Shah and JB Pardiwala granted the petitioner, Youth for Equality, liberty to file an application seeking interim relief and asked the Patna High Court to consider, decide and dispose of the interim application at the earliest, preferably within a period of 3 days of filing of the application and mentioning of the same before the Chief Justice of the High Court.
The Supreme Court Bench comprising Justices KM Joseph and BV Nagarathna directed human rights activist Gautam Navlakha, an accused in the Bhima Koregaon case, to deposit Rs 8 lakhs to meet the expenses of surveillance and costs as indicated in its order dated 10th November, 2022.
The Supreme Court Bench comprising the CJI DY Chandrachud and Justice PS Narasimha refused to entertain the plea filed by former Chhattisgarh Principal Secretary Aman Singh and his wife Yasmin Singh seeking the transfer of all disproportionate assets cases against them to the Central Bureau of Investigation (CBI).
Supreme Court Dismisses Plea To Restore Concession In Railway Tickets For Senior Citizens
The Supreme Court Bench comprising Justices Sanjay Kishan Kaul and Ahsanuddin Amanullah rejected a plea seeking the restoration of concession in Railway ticket prices for senior citizens.
In a special sitting held at 8 PM today, the Supreme Court Bench comprising Justices AS Bopanna and Hima Kohli stayed an unusual order passed by Justice Abhijit Gangopadhyay of the Calcutta High Court earlier today, directing the top court's secretary general to provide him with the translation of a controversial media interview that was placed before a bench headed by Chief Justice DY Chandrachud in the morning.
At the medical bail hearing of Kapil Wadhawan, the former Chief Managing Director of Dewan Housing Finance Limited (DHFL) and main accused in the Yes Bank-DHFL scam, the Additional Solicitor General, SV Raji, as an aside, informed the Supreme Court, that the Union Government is contemplated filing a petition to review the recent judgment of the Apex Court wherein it was held that filing incomplete charge sheet without completing investigation would not extinguish the right of the accused to get default bail.
The Supreme Court Bench comprising the CJI DY Chandrachud and Justice PS Narasimha stayed the Calcutta High Court order which had directed the transfer of investigation of the matter pertaining to alleged irregularities in the recruitment of teaching and non-teaching staff at West Bengal government schools, to the Central Bureau of Investigation (CBI).
The Supreme Court Bench comprising Justices AS Bopanna and Hima Kohli extended the interim protection granted to Bharatiya Janata Party MLA Hardik Patel in a seven-year-old criminal case lodged against him over violent clashes during the 2015 Patidar quota stir in Gujarat.
The Supreme Court Bench comprising Justices MR Shah and JB Pardiwala strongly deprecated the conduct of the Gujarat Government in notifying the promotions of the District Judges when an issue pertaining to the promotion was sub-judice before the Supreme Court.
