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Supreme Court Monthly Round-Up November 2023
Suraj Kumar
5 Dec 2023 9:05 AM IST
Citations: 2023 LiveLaw (SC) 932 To 2023 LiveLaw (SC) 1025Nominal Index Indrakunwar v. State of Chattisgarh 2023 LiveLaw (SC) 932Manish Sisodia v. Central Bureau of Investigation 2023 LiveLaw (SC) 934Bhisham Lal Verma V. State of Uttar Pradesh 2023 LiveLaw (SC) 935Pradeep Mehra V. Harijivan J. Jethwa 2023 LiveLaw (SC) 936Manak Chand v. State of Haryana 2023 LiveLaw (SC) 937IFFCO Tokio...
Citations: 2023 LiveLaw (SC) 932 To 2023 LiveLaw (SC) 1025
Nominal Index
Indrakunwar v. State of Chattisgarh 2023 LiveLaw (SC) 932
Manish Sisodia v. Central Bureau of Investigation 2023 LiveLaw (SC) 934
Bhisham Lal Verma V. State of Uttar Pradesh 2023 LiveLaw (SC) 935
Pradeep Mehra V. Harijivan J. Jethwa 2023 LiveLaw (SC) 936
Manak Chand v. State of Haryana 2023 LiveLaw (SC) 937
IFFCO Tokio General Insurance Co. Ltd. V. Geeta Devi 2023 LiveLaw (SC) 938
Sanjay Agarwal v. State Tax Officer 2023 LiveLaw (SC) 939
KUM. GEETHA v. NANJUNDASWAMY 2023 LiveLaw (SC) 940
Birbal Nath v. State of Rajasthan 2023 LiveLaw (SC) 941
Anjali Bhardwaj & Ors v. Union of India 2023 LiveLaw (SC) 942
Manish Sisodia v. Central Bureau of Investigation 2023 LiveLaw (SC) 944
Sudhir Singh v. State of UP 2023 LiveLaw (SC) 944
Ramadhar Sahu v. State of MP 2023 LiveLaw (SC) 945
C. ANIL CHANDRAN V. M.K. RAGHAVAN 2023 LiveLaw (SC) 946
State of Gujarat v. Thakore Bhalabhai Umabhai 2023 LiveLaw (SC) 947
Anil Kumar v. State of Kerala 2023 LiveLaw (SC) 948
Commr. Of Cen. Exc. Ahmedabad v M/S Urmin Products P. Ltd.2023 LiveLaw (SC) 949
Shiv Kumar Sharma v. State of MP 2023 LiveLaw (SC) 950
Rajeswari v. Union of India 2023 LiveLaw (SC) 951
Principal Commissioner of Customs V Rajendra Prasad Tak 2023 LiveLaw (SC) 952
Parshuram v. State of MP 2023 LiveLaw (SC)953
Vishnubhai Ganpatbhai Patel and another v. State of Gujarat 2023 LiveLaw (SC) 955
Bambhaniya Sagar Vasharambhai v. Union Of India 2023 LiveLaw (SC) 956
Lombardi Engineering Ltd v. State of Uttarakhand 2023 LiveLaw (SC) 958
Union of India & Ors v Dilip Paul 2023 LiveLaw (SC) 959
C. RAJENDRAN. v. UNIVERSITY OF CALICUT 2023 LiveLaw (SC) 960
Manjunath v. State of Karnataka 2023 LiveLaw (SC) 961
ADITI ALIAS MITHI V. JITESH SHARMA 2023 LiveLaw (SC) 963
State of Karnataka v. T.Naseer @ Thadiantavida Naseer 2023 LiveLaw (SC) 965
Jyotirmay Ray v. Field General Manager, Punjab National Bank 2023 LiveLaw (SC) 966
ILAMARAN V. THE STATE REP. BY THE INSPECTOR OF POLICE 2023 LiveLaw (SC) 967
Hariprasad @Kishan Sahu v. State of Chattisgarh 2023 LiveLaw (SC) 968
BINU TAMTA V. HIGH COURT OF DELHI 2023 LiveLaw (SC) 969
Ashwini Kumar Upadhyay v. UOI 2023 LiveLaw (SC) 971
THANKAMMA BABY v. THE REGIONAL PROVIDENT FUND COMMISSIONER 2023 LiveLaw (SC) 972
Sajeev v. State of Kerala 2023 LiveLaw (SC) 974
M/S. RAJASTHAN ART EMPORIUM V. KUWAIT AIRWAYS 2023 LiveLaw (SC) 975
M/S Modi Naturals Ltd v The Commissioner of Commercial Tax UP 2023 LiveLaw (SC) 976
Union of India v. D.G.O.F. Employees Association 2023 LiveLaw (SC) 977
Shaikh Uzma Feroz Hussain v. State of Maharashtra 2023 LiveLaw (SC) 978
J. Johnson v. S. Selvaraj, 2023 LiveLaw (SC) 979
Thanesar Singh Sodhi(D) The Lrs. v. Union of India 2023 LiveLaw (SC) 980
Madan v. State of Uttar Pradesh 2023 LiveLaw (SC) 982
Maharashtra State Electricity Distribution Company Limited v. Ratnagiri Gas and Power Private Limited & Ors 2023 LiveLaw (SC) 983
Munishamappa v. N. Rama Reddy 2023 LiveLaw (SC) 987
Ramakant Singh and others v. The State of Jharkhand 2023 LiveLaw (SC) 988
Prabhatbhai Dabhi v, State of Gujarat 2023 LiveLaw (SC) 989
Jagwinder Singh v. State of Punjab 2023 LiveLaw (SC) 990
Ankita Thakur & Ors v The HP Staff Selection Commission 2023 LiveLaw (SC) 991
M/s India Glycols Limited and Another v. Micro and Small Enterprises Facilitation Council, Medchal - Malkajgiri 2023 LiveLaw (SC) 992
Hazari Lal (Dead) Thr Lrs. v. Ramesh Kumar 2023 LiveLaw (SC) 994
Priya Indoria v. State of Karnataka 2023 LiveLaw (SC) 996
Vivek Kaisth and another v. The State of Himachal Pradesh 2023 LiveLaw (SC) 997
Moturu Nalini Kanth v. Gainedi Kaliprasad 2023 LiveLaw (SC) 998
P. Kishore Kumar v. Vittal K. Patkar 2023 LiveLaw (SC) 999
Bajaj Allianz General Insurance Co.Ltd. v. Mukul Aggarwal 2023 LiveLaw (SC) 1000
State of Jharkhand v. Sociedade De Fomento Industrial Pvt Ltd 2023 LiveLaw (SC) 1002
Pawan Kumar v. State of UP 2023 LiveLaw (SC) 1003
Shah Originals v. Commissioner of Income Tax-24, Mumbai 2023 LiveLaw (SC) 1004
Nanhe v. State of UP 2023 LiveLaw (SC) 1005
Sarr Freights Corporation v. CJDARCL Logistics Ltd 2023 LiveLaw (SC) 1006
Ramkrishna Forgings Limited v Ravindra Loonkar 2023 LiveLaw (SC) 1007
State Of Punjab v Principal Secy To The Governor Of Punjab 2023 LiveLaw (SC) 1008
Shakeel Ahmed v. Syed Akhlaq Hussain 2023 LiveLaw (SC) 1009
Amandeep Singh Sran v. State of Delhi 2023 LiveLaw (SC) 1012
Aditya Kumar v. State of Bihar 2023 LiveLaw (SC) 1013
VISHNU KUMAR SHUKLA & ANR v. THE STATE OF UP 2023 LiveLaw (SC) 1019
PAVANA DIBBUR v. ED 2023 LiveLaw (SC) 1021
Vijay v. Union of India 2023 LiveLaw (SC) 1022
SIVAMANI AND ANR. v. STATE REPRESENTED BY INSPECTOR OF POLICE 2023 LiveLaw (SC) 1024
Dr. Premchandran Keezhoth & Anr v The Chancellor Kannur University 2023 LiveLaw (SC) 1025
Judgments/Orders
Case Details: INDRAKUNWAR V. THE STATE OF CHHATTISGARH
Citation: 2023 LiveLaw (SC) 932
Recently, the Supreme Court, in a noteworthy judgment, while acquitting a woman accused of killing her own child and was convicted for murder and sentenced to life imprisonment, also decided the question of what may be required of the convict in her statement under Section 313 Code of Criminal Procedure (Cr. P.C).
Case Title: Manish Sisodia v. Central Bureau of Investigation
Citation: 2023 LiveLaw (SC) 934
In the judgment denying bail to former Delhi Deputy Chief Minister Manish Sisodia in relation to the alleged Delhi liquor policy scam, the Supreme Court observed that the allegation of the Central Bureau of Investigation (CBI) and the Directorate of Enforcement (ED) that kickback of Rs.100 crores were received from the liquor group, and used by the associates of Sisodia and other leaders of AAP is "somewhat a matter of debate.
If Trial Is Delayed For No Fault Of Accused, Courts Must Consider Grant Of Bail: Supreme Court
Case Title: Manish Sisodia v. Central Bureau of Investigation
Citation: 2023 LiveLaw (SC) 934
Detention or jail before being pronounced guilty of an offense should not become punishment without trial, said the Supreme Court in the judgment refusing bail to former Delhi Deputy Chief Minister Manish Sisodia in the Delhi liquor policy scam case.
The Court in its judgment has emphasized that the right to speedy trial is a fundamental right within the scope of Article 21 of the Constitution. The Court observed that, if the trial is unnecessarily delayed for no fault of the accused, the court must exercise its power to grant bail. The Court observed that the constitutional mandate is the higher law, and it is the basic right of the person charged with an offence and not convicted, that he be ensured and given a speedy trial.
Case Details: Manish Sisodia v. Central Bureau of Investigation
Citation: 2023 LiveLaw (SC) 934
The Supreme Court, even while denying bail to former Delhi Deputy Chief Minister Manish Sisodia in the Delhi excise policy case, refused to accept the Enforcement Directorate's contention that even mere generation of the proceeds of crime could constitute a money laundering offence. The central agency had drawn support from the Y Balaji ruling, in which an argument that such generation would not be sufficient to constitute an offence of money laundering was rejected as 'preposterous'.
Case Title: Bhisham Lal Verma V. State of Uttar Pradesh
Citation: 2023 LiveLaw (SC) 935
The Supreme Court on Monday (30th October) held that a second petition under Section 482 Criminal Procedure Code, 1973 on grounds that were available for challenge even at the time of filing of the first petition would not be maintainable.
Case Details: Pradeep Mehra V. Harijivan J. Jethwa
Citation: 2023 LiveLaw (SC) 936
Lamenting the long delay in the execution of decrees, the Supreme Court observed that under Section 47 of the Code of Civil Procedure, the Executing Court can only go into questions that are limited to the execution of decree and can never go behind the decree.
As per Section 47, all questions arising between the parties to the suit in which the decree was passed, or their representatives, and relating to the execution, discharge or satisfaction of the decree, shall be determined by the Court executing the decree and not by a separate suit.
Case title: Manak Chand v. State of Haryana
Citation: 2023 LiveLaw (SC) 937
A false allegation of rape can cause equal distress, humiliation, and damage to the accused as well, said the Supreme Court while acquitting a man in a case for the offence of rape (Section 376 of the Indian Penal Code).
While a conviction in a rape case can be based solely on the testimony of the prosecutrix, the Court said that caution and diligence must be exercised in evaluating her statements.
Case Title: IFFCO Tokio General Insurance Co. Ltd. V. Geeta Devi
Citation: 2023 LiveLaw (SC) 938
The Supreme Court on Monday (30th October) held that an insurance company cannot claim that it is not liable to pay compensation in a motor vehicle accident claim just because the vehicle owner did not verify the genuineness of the driving licence of the driver employed.
The Court said that the burden is on the insurance company to prove that there was a failure on the part of the vehicle owner in carrying out due diligence with regard to the drivers’ licence of the driver employed.
Case title: Sanjay Agarwal v. State Tax Officer
Citation: 2023 LiveLaw (SC) 939
The Supreme Court on Tuesday (October 31) dismissed a batch of review petitions filed against a 2022 judgment which held that the definition of a secured creditor under the Insolvency and Bankruptcy Code (IBC) 2016 included any government or governmental authority and that a resolution plan which ignored dues to the government was liable to be rejected.
Case title: Sanjay Agarwal v. State Tax Officer
Citation: 2023 LiveLaw (SC) 939
Observations made by a coordinate bench about a judgment cannot be a ground to review it, said the Supreme Court while dismissing review petitions filed against the 2022 judgment in State Tax Officer v. Rainbow Papers Ltd 2022 LiveLaw (SC) 743.
In Rainbow Papers, a bench comprising Justices Indira Banerjee (since retired) and AS Bopanna held that a resolution plan under the Insolvency and Bankruptcy Code 2016 cannot be sustained if it ignored statutory dues to the Government.
Plaint Cannot Be Rejected In Part Under Order VII Rule 11 Of CPC: Supreme Court
Case Title: KUM. GEETHA, D/O LATE KRISHNA & ORS v. NANJUNDASWAMY & ORS.
Citation: 2023 LiveLaw (SC) 940
The Supreme Court on Tuesday (31.10.2023) held that a plaint cannot be rejected in part under Order VII Rule 11 of the Code of Civil Procedure, 1908. The Court also reiterated that when a plaint does not disclose a cause of action, it is liable to be rejected under Order VII Rule 11.
“In simple terms, the true test is first to read the plaint meaningfully and as a whole, taking it to be true. Upon such reading, if the plaint discloses a cause of action, then the application under Order VII Rule 11 of the CPC must fail. To put it negatively, where it does not disclose a cause of action, the plaint shall be rejected” a bench of Justice PS Narasimha and Justice Sudhanshu Dhulia observed.
Case title: Birbal Nath v. State of Rajasthan
Citation: 2023 LiveLaw (SC) 941
The Supreme Court recently observed that a witness will not stand totally discredited merely because the testimony given during the trial contradicted the earlier statement given to the police.
"No doubt statements given before police during investigation under Section 161 are “previous statements” under Section 145 of the Evidence Act and therefore can be used to cross examine a witness. But this is only for a limited purpose, to “contradict” such a witness. Even if the defense is successful in contradicting a witness, it would not always mean that the contradiction in her two statements would result in totally discrediting this witness The contractions in the two statements may or may not be sufficient to discredit a witness. Section 145 read with Section 155 of the Evidence Act, have to be carefully applied in a given case", the Court stated.
Case Title: Anjali Bhardwaj & Ors v. Union of India
Citation: 2023 LiveLaw (SC) 942
The Supreme Court today (October 30) expressed its dissatisfaction with the failure of States and the Union to fill up the vacancies of Information Commissions across the country. The court directed the Department of Personnel and Training (DoPT) to prepare a chart on the number of vacancies and number of appeals/complaints in all the commissions. Further, it directed the Centre and the States to take requisite steps forthwith to fill up the vacancies.
Case Details: Manish Sisodia v. Central Bureau of Investigation
Citation: 2023 LiveLaw (SC) 944
The Supreme Court on Monday (October 30) refused to grant bail to former Delhi Deputy Chief Minister Manish Sisodia who is facing money laundering and corruption charges over alleged irregularities in the framing and implementation of a now-scrapped liquor policy in the national capital.
"Legal questions have been answered in a limited way. In the analysis, there are certain aspects, which we said are doubtful. But one aspect, with regard to transfer of money, Rs 338 crores, is tentatively established. We have therefore dismissed the application for bail," Justice Khanna said today, while pronouncing the order. He continued, "We are dismissing the application for bail, but we have made one pointed observation which is that they have assured that the trial will be concluded within six to eight months. So within three months, if the trial proceeds sloppily or slowly, he'll be entitled to file an application for bail."
Case Title: Sudhir Singh v. State of UP
Citation: 2023 LiveLaw (SC) 944
Serving Armed Forces officers can't be deemed to be Ex-Servicemen from a prospective date, said the Supreme Court while rejecting the claim of three appellants for appointments as Village Development Officers in the Uttar Pradesh State Service.
Grant Of Bail Can't Be Made Dependent On Surrender Of Co-Accused: Supreme Court
Case Title: Munshi Sah v. State of Bihar
Citation: 2023 LiveLaw (SC) 944
A Division Bench of the Supreme Court, while allowing a bail plea, held that the grant of bail to a co-accused person cannot be contingent on the surrender of another accused who is also pertinently the main accused in the case.
“In our opinion, the question of grant of bail to a co-accused person cannot made dependent upon surrender of another accused who is described as the main accused person in this case.,” the Court held.
Section 362 CrPC Bar Not Applicable To Bail Orders: Supreme Court
Case Title: Ramadhar Sahu v. State of MP
Citation: 2023 LiveLaw (SC) 945
A Division Bench of the Supreme Court recently, while setting aside the judgment of the Madhya Pradesh High Court, held that Section 362 of the Code of Criminal Procedure, 1973, which prohibits modification of a judgment or final order, will not be applicable in an order for refusal of bail.
The rationale given by the Court was that such an order has the characteristics of an interlocutory order. Thus, any variation of the circumstances under which the bail was rejected will entitle the accused to file a fresh application for bail, and the prohibition under Section 362 will not be applicable.
Case Title: C. ANIL CHANDRAN V. M.K. RAGHAVAN
Citation: 2023 LiveLaw (SC) 946
The Supreme Court on Monday (30.10.2023), dismissed an appeal filed challenging the antedating of a seniority list for being legally unsustainable.
Case Title: State of Gujarat v. Thakore Bhalabhai Umabhai
Citation: 2023 LiveLaw (SC) 947
The Supreme Court recently pulled up the State of Gujarat for selectively allowing certain candidates to submit their caste certificates beyond the cut-off date in an appointment process.
Case title: Anil Kumar v. State of Kerala
Citation: 2023 LiveLaw (SC) 948
An offender who takes undue advantage of a situation is not entitled to the application of Exception 4 to Section 300 of the Indian Penal Code, held by the Supreme Court while sustaining the conviction of a husband for the murder of his wife.
Case Title: Commr. Of Cen. Exc. Ahmedabad v M/S Urmin Products P. Ltd. And Others
Citation: 2023 LiveLaw (SC) 949
The Supreme Court while adjudicating a matter wherein the Assesssee deliberately misclassified the ‘Zarda’ produced by it as ‘Chewing Tobacco’ for evading payment of a high duty as applicable to ‘Zarda’, has affirmed the imposition of penalty and demand for payment of differential duty raised by the Central Excise Department from the Assessee.
Case Title: Shiv Kumar Sharma v. State of MP
Citation: 2023 LiveLaw (SC) 950
The Supreme Court recently expressed surprise at a direction passed by a High Court that the police will give opportunity to an accused to explain the materials collected against him before the filing of chargesheet
It observed “Strangely, the High Court has observed that the Investigating Officer will give opportunity to the appellant to explain the material collected against him during the investigation before submission of the final report under Section 173 of CrPC. To say the least, such an approach is very strange and contrary to law."
Case Title: Rajeswari v. Union of India
Citation: 2023 LiveLaw (SC) 951
The Telecom Regulatory Authority of India (TRAI) has told the Supreme Court that once a cellular mobile telephone number is deactivated for non-usage or disconnected on the request of the subscriber, it is not allocated to a new subscriber for at least a period of 90 days.
IBC | Tax & Customs Dues To Be Paid As Per Waterfall Mechanism Under Section 53: Supreme Court
Case Title: Principal Commissioner of Customs V Rajendra Prasad Tak & Ors.
Citation: 2023 LiveLaw (SC) 952
The Supreme Court Bench comprising Justice Sanjiv Khanna and Justice S.V.N. Bhatti has clarified that the dues of the Central Board of Indirect Taxes & Customs, Department of Revenue, will be paid as per the waterfall mechanism given under Section 53 of the Insolvency and Bankruptcy Code, 2016 (“IBC”).
Case title: Medical Officers Association (Ayurveda) State Of Gujarat v. Union Of India
Citation: 2023 LiveLaw (SC) 952
The Supreme Court has dismissed the review petitions filed against its judgment which held that that Ayurved doctors are not entitled to equal pay as Allopathy doctors.
“We have perused the Judgment and Order dated 26th April 2023 which has been sought to be reviewed. There is no error apparent on the record. Even otherwise, there is no ground for review," the bench observed
Case title: Parshuram v. State of MP
Citation: 2023 LiveLaw (SC)953
The Supreme Court recently held that for Section 149 of the Indian Penal Code, it is not necessary to demonstrate that a person committed an illegal overt act or was guilty of an illegal omission to be held a member of an unlawful assembly. The punishment prescribed by Section 149 is, in a sense, vicarious, and does not mandate that every member of the unlawful assembly has personally committed the offense.
Case Title: Vishnubhai Ganpatbhai Patel and another v. State of Gujarat.
Citation: 2023 LiveLaw (SC) 955
There is no hard and fast rule that a convict should serve a sentence for a particular period before the application to suspend the sentence can be considered, clarified the Supreme Court recently
Case title: Bambhaniya Sagar Vasharambhai v. Union Of India
Citation: 2023 LiveLaw (SC) 956
The Supreme Court recently dismissed the plea by a student suffering from 80% locomotor disability seeking reservation under the quota for Persons with Disabilities(PWD) for admission in the MBBS Course(2023-24). At the same time, the court reminded the Central government to comply with its earlier order where it had asked it to find solutions to facilitate the effective participation of persons with disabilities
Case Title: Lombardi Engineering Ltd v. State of Uttarakhand
Citation: 2023 LiveLaw (SC) 958
In a significant judgment, the Supreme Court held that a clause in an arbitration agreement which is not in consonance with the Constitution cannot be enforced. The Court further held that it can examine if the arbitration clauses are manifestly arbitrary and violative of Article 14 of the Constitution while considering an application for appointment of arbitrator.
Case Title: Union of India & Ors v Dilip Paul | Civil Appeal No 6190 of 2023
Citation: 2023 LiveLaw (SC) 959
In a case pertaining to sexual harassment at workplace, the Supreme Court held that courts should not get swayed by insignificant discrepancies and hyper-technicalities and assess the impact of any procedural violation against the overall fairness of the inquiry. The judgement pronounced by a bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra held that allegations of sexual harassment or offences of such nature should be considered within the broader context of the case and should not be judged merely on the basis of a procedural violation.
Case Title: C. RAJENDRAN. v. UNIVERSITY OF CALICUT
Citation: 2023 LiveLaw (SC) 960
Professors who continued to teach students till the end of the academic year despite attaining the age of retirement during the middle of the session are entitled to be paid for work they did beyond their retirement age, held the Supreme Court recently.
Examination Of Person Who Recorded Dying Declaration Essential: Supreme Court
Case title: Manjunath v. State of Karnataka
Citation: 2023 LiveLaw (SC) 961
The Supreme Court recently laid down all the questions to be asked, the considerations to be kept in mind while deciding the weightage to be awarded to a dying declaration. The Court recognized the inherent value of a dying declaration but found several glaring issues that cast doubt on the reliability of the declaration used as evidence in this particular case.
Case Title: ADITI ALIAS MITHI V. JITESH SHARMA
Citation: 2023 LiveLaw (SC) 963
The Supreme Court on Monday (06.11.2023) observed that the detailed guidelines issued by it in Rajnesh v. Neha and Another, (2021) 2 SCC 32 regarding the payment of maintenance in matrimonial matters is not being followed in many cases. Accordingly, the Apex Court has issued a direction for a copy of the judgment containing guidelines for expeditious disposal of cases involving grant of maintenance, to be re-circulated to judicial officers in all High Courts across the country
Case Title: State of Karnataka v. T.Naseer @ Thadiantavida Naseer
Citation: 2023 LiveLaw (SC) 965
The Supreme Court reiterated that a certificate under Section 65B of the Indian Evidence Act to prove electronic evidence can be produced at any stage of the trial.
A bench comprising Justices Vikram Nath and Rajesh Bindal set aside a judgment of the Karnataka High Court which refused to allow the prosecution to produce Section 65B Certificate in the trial relating to the 2008 Bangalore Blasts Case
Case title: Jyotirmay Ray v. Field General Manager, Punjab National Bank
Citation: 2023 LiveLaw (SC) 966
The Supreme Court recently ruled in favor of an employee(appellant), directing the Punjab National Bank (PNB) to release the provident fund (PF) and gratuity due to him who was compulsorily retired. The court held that as per the Punjab National Bank (Officers’) Service Regulations, 1979(1979 Regulations), the bank could withhold the PF amount only when any loss is proved to be caused to it by an employee’s act. In this case, the bank not only failed to prove the alleged loss but also denied a fair hearing to him
Case Title: ILAMARAN V. THE STATE REP. BY THE INSPECTOR OF POLICE
Citation: 2023 LiveLaw (SC) 967
The Supreme Court recently directed the Madras High Court to consider amending the High Court Rules to include the name of the state in the cause title of criminal cases.
4 Circumstances To Be Proved In Cases Of Murder By Poison: Supreme Court Explains
Case title: Hariprasad @Kishan Sahu v. State of Chattisgarh
Citation: 2023 LiveLaw (SC) 968
The Supreme Court recently exonerated an accused in a two-decade-old case involving alleged liquor poisoning which led to the death of a man. The Court invoked the landmark 1984 case of Sharad BirdhiChand Sarda v. State of Maharashtra (1984) 4 SCC 116 to reiterate the circumstances to be proved in cases of murder by poison, namely underlining the importance of establishing a clear motive, cause of death due to poison, possession of poison by the accused, and the opportunity to administer poison.
Case Title: BINU TAMTA V. HIGH COURT OF DELHI
Citation: 2023 LiveLaw (SC) 969
In a significant legal development, the Supreme Court refused to entertain a plea seeking amendments in Gender Sensitization and Sexual Harassment of Women at the Supreme Court of India (Prevention, Prohibition and Redressal) Regulations, 2013 for making the same to be gender neutral. The amendments were sought in view to bring the constitutional rights of other persons such as LGBTQIA+ persons under the umbrella of these Regulations.
Case title: Manjunath v. State of Karnataka
Citation: Criminal Appeal No. 866 OF 2011, 2023 INSC 978
The Court recently held that incriminatory objects, when discovered in places accessible to the public, cannot be solely relied upon to establish the guilt of the accused persons. It is pertinent to note that for admissibility under section 27, of the Evidence Act, the fact discovered must be a direct consequence of information received from a person in custody.
Supreme Court Issues Guidelines To High Courts To Monitor Early Disposal Of Cases Against MPs/MLAs
Case Title: Ashwini Kumar Upadhyay v. UOI W.P.(C) No. 699/2016
Citation: 2023 LiveLaw (SC) 971
The Supreme Court on Thursday (November 9) issued a slew of directions to monitor the early disposal of pending criminal cases against Members of Parliament and Members of Legislative Assemblies
Case Title: THANKAMMA BABY v. THE REGIONAL PROVIDENT FUND COMMISSIONER
Citation: 2023 LiveLaw (SC) 972
The Supreme Court recently held that a notification under clause (b) of sub-Section (3) of Section 1 of the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952, can be issued by the Central Government in respect of factories engaged in any industry that has not been not specified in Schedule I. The Top Court was considering whether a factory, which is not specified in Schedule 1 of the Act, can be covered under the EPF Act.
Case title: Sajeev v. State of Kerala
Citation: 2023 LiveLaw (SC) 974
The Supreme Court recently raised concerns about the material witness depositions not being placed on record. The Court lamented that such omissions frequently lead to repeated adjournments contributing to the backlog and delay in the resolution of appeals.
Case title: Sajeev v. State of Kerala
Citation: 2023 LiveLaw (SC) 974
The Supreme Court recently upheld the conviction and life sentence of appellants involved in a deadly conspiracy of liquor poisoning. The Court relied on the landmark case of State v. Nalini to lay down the essential constituents for proving a case of criminal conspiracy. It reaffirmed that “Where in pursuance of the agreement, the conspirators commit offenses individually, all of them will be liable for such offenses even if some of them have not actively participated in the commission of those offenses.”
Case Title: Surendra B. Jiwrajika and Anr. v. Omkara Assets Reconstruction Private Limited Citation: SLP(C) No. 016464/2021
In a significant judgment, the Supreme Court on Thursday (November 9) upheld the constitutionality of the provisions of the Insolvency and Bankruptcy Code (IBC) relating to Personal Guarantors' Insolvency Resolution, which were introduced through the amendments made in 2019.
The Court held that these provisions (Section 95 to 100 IBC) cannot be held as unconstitutional for not affording an opportunity of hearing to the personal guarantors before the insolvency petition filed by creditors is admitted against them and the moratorium is automatically applied against them as soon as the insolvency petition is filed.
Case Title: Rajveer Singh v. Union of India
CItation: Diary No.- 45541 - 2023
The Supreme Court recently allowed liver donation by a person to his cousin, a 3-year-old child who is suffering from chronic liver disease, while also making it clear that the instant order will not act as a precedent for any other case.
The Court's intervention came after the authorization committee under the Transplantation of Human Organs and Tissues Act, 1994 denied approval for the liver donation citing the bar provided in Section 9.
Airlines Bound By Time Schedule Promised By Its Travel Agent: Supreme Court
Case Title: M/S. RAJASTHAN ART EMPORIUM V. KUWAIT AIRWAYS
Citation: 2023 LiveLaw (SC) 975
The Supreme Court held that an authority is bound by the promise held by its agent under the Indian Contract Act.
The Apex Court held so in the context of a consumer dispute, where Kuwait Airways, through its agent, Dagga Air Agents, had fixed a schedule of 7 days for delivery of certain goods. The Court held that the Airline was liable to pay the complainant damages for delay in delivering the consignment.
Party Not Entitled To Seek Relief That Has Not Been Prayed For: Supreme Court
Case Title: M/S. RAJASTHAN ART EMPORIUM V. KUWAIT AIRWAYS
Citation: 2023 LiveLaw (SC) 975
The Supreme Court, while dealing with a consumer dispute, reiterated that a party is not entitled to seek relief that has not been prayed for.
Case details: M/S Modi Naturals Ltd v The Commissioner of Commercial Tax UP
Case No.: 2023 LiveLaw (SC) 976
The Supreme Court while relying on Explanation (iii) to Section 13 of Uttar Pradesh Value Added Tax Act, 2008 (“UP VAT Act”), has held that if during the manufacture of any taxable good any tax exempted goods are produced as by-product/waste product, then it shall be deemed that the goods purchased from within the State for such manufacturing have been used in manufacture of taxable goods alone.
Thus, the Assessee would be entitled to claim full benefit of Input Tax Credit (“ITC”) in respect of taxable goods purchased from within the State.
Case Title: Union of India Vs. D.G.O.F. Employees Association
Citation: 2023 LiveLaw (SC) 977
Historical similarity in previous pay scales can be taken into consideration by the Courts to interfere with pay scale fixation which has created anomalies, observed the Supreme Court.
Holding thus, the Court upheld a Delhi High Court judgment which held that Assistant and Personal Assistants of Ordnance Factory Board, Headquarters are entitled to same pay scale as similarly placed employees of Central Secretariat Service (CSS) and equivalent posts in Armed Force Headquarters Civil Service (AFHCS) Cadre, New Delhi and other similar cadres
Case Title: Shaikh Uzma Feroz Hussain v. State of Maharashtra
Citation: 2023 LiveLaw (SC) 978
Every Court in the country has a huge pendency and hence the Supreme Court and the High Courts should refrain from fixing a time-bound schedule for the disposal of any cases except in extraordinary circumstances, as observed by the Supreme Court recently.
Case Title: J. JOHNSON V. S. SELVARAJ, CIVIL APPEAL NO.4855 OF 2023
Citation : 2023 LiveLaw (SC) 979
The Supreme Court recently held that the Rules framed by the Bar Council of India regarding Disciplinary Proceedings, require the Bar Council to call for the English translation of documents that are not in English.
Supreme Court Explains Application Of SAFEMA After Detention Order Under COFEPOSA Has Been Revoked
Case Title: THANESAR SINGH SODHI (D) THR. LRS v. UNION OF INDIA
Citation : 2023 LiveLaw (SC) 980
The Supreme Court, recently (On November 10), held that provisions of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA) would apply to every person against whom an order of detention has been passed under Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 19742 (COFEPOSA) unless it comes under exception given in proviso to section 2(2)(b) of SAFEMA.
Case Title: Balaram V. State Of Madhya Pradesh., Criminal Appeal No. 2300 Of 2009
Citation : 2023 LiveLaw (SC) 980
The Supreme Court, recently (On November 08), while setting aside a conviction in a murder trial, reiterated the well-established law that there are three types of witnesses-, one those who are wholly reliable, second one is wholly unreliable, and lastly, the one who are neither wholly reliable nor wholly unreliable
Case details: M/S Modi Naturals Ltd v The Commissioner of Commercial Tax Up
Case No.: Civil Appeal Nos.5822-5823/2023
The Supreme Court has held that the definition of “Goods” under Section 2(m) of Uttar Pradesh Value Added Tax Act, 2008 (“UP VAT Act”) includes both taxable as well as exempted goods. Similarly, the word “goods” under Section 13(1)(f) of the UP VAT Act cannot be said to be qualified by the word “taxable”.
Case Title: KABINDRA PRASAD SARMA v. CHIEF SECRETARY GOVERNMENT OF ASSAM
Citation: Diary No(s). 23917/2017
The Supreme Court recently held as inoperative the order passed by the Gauhati High Court in 2017 directing the Deputy Commissioner to receive the donations given by the devotees for the developmental activities in the Kamakhya temple in Guwahati and to maintain a separate account regarding the same.
Case Details: Madan v. State of Uttar Pradesh
Citation : 2023 LiveLaw (SC) 982
Last week, the Supreme Court set aside the death sentence of a man accused, along with others, of firing on and killing multiple people over suspected political enmity in Uttar Pradesh’s Muzaffarnagar, observing that although the crime fell in the ‘rarest of rare’ category, the death row convict was not beyond reformation.
Case Title: Maharashtra State Electricity Distribution Company Limited v. Ratnagiri Gas and Power Private Limited & Ors.
Citation : 2023 LiveLaw (SC) 983
The Supreme Court recently reiterated the need to interpret commercial contracts in alignment with the original intent of the parties involved. It also opined that a deviation from the plain terms of the contract is warranted only when it serves business efficacy better.
Agreement To Sell Doesn't Transfer Ownership Rights Or Confer Title: Supreme Court
Case Title: Munishamappa v. N. Rama Reddy and others
Citation : 2023 LiveLaw (SC) 987
The Supreme Court reiterated that an agreement to sell does not transfer ownership rights or confer any title.
"Agreement to Sell is not a conveyance; it does not transfer ownership rights or confers any title," observed a bench comprising Justices Vikram Nath and Rajesh Bindal.
Magistrate Can't Entertain Protest Petition Against Own Order Taking Cognisance: Supreme Court
Case Title: Ramakant Singh and others v. The State of Jharkhand and another
Citation: 2023 LiveLaw (SC) 988
Judicial Magistrate cannot entertain a protest petition against an order taking cognisance of a final report, held by the Supreme Court in a recent judgment. In this case, a Chief Judicial Magistrate took cognizance against one accused for the offense of murder based on a final report filed by the Crime Investigation Department.
Case title: PRABHATBHAI AATABHAI DABHI v. STATE OF GUJARAT
Citation: 2023 LiveLaw (SC) 989
The Supreme Court recently while acquitting a convict in a murder case held that evidence of persons before whom extra-judicial confession is made must be of sterling quality.
The Court observed, “When prosecution relies upon the evidence of extra-judicial confession, normally, the Court will expect that the evidence of the persons before whom extra-judicial confession is allegedly made must be of sterling quality.”
Law Does Not Require Only An Independent Witness To Prove NDPS Act Charges: Supreme Court
Case Title: JAGWINDER SINGH V. STATE OF PUNJAB
Citation: 2023 LiveLaw (SC) 990
The Supreme Court recently held that the law does not require only an independent witness to prove a charge attracting the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).
Case Title: Ankita Thakur & Ors v The HP Staff Selection Commission
Citation: 2023 LiveLaw (SC) 991
The Supreme Court recently reiterated that eligibility criteria for a post, as set out in the Rules, could not be relaxed unless the said relaxation was envisioned in the Rules or advertisements for the post. Further, in case of any such relaxation passed, the same had to be widely publicized to be held valid.
Case Title: M/s India Glycols Limited and Another v. Micro and Small Enterprises Facilitation Council, Medchal - Malkajgiri
Citation: 2023 LiveLaw (SC) 992
The Supreme Court recently held that a writ petition against an award passed by a Facilitation Council under the Micro, Small and Medium Enterprises Development (MSMED) Act, 2006 would not be maintainable.
Case Title: HAZARI LAL (DEAD) THR. LRS. V. RAMESH KUMAR
Citation: 2023 LiveLaw (SC) 994
The Supreme Court recently set aside the decree passed in a civil suit for specific performance filed in 1999 for the enforcement of an agreement to sell executed in 1986
Conditions For Transit Anticipatory Bail In FIRs Registered In Other States: Supreme Court Explains
Case title: Priya Indoria v. State of Karnataka
Citation: 2023 LiveLaw (SC) 996
In a significant and groundbreaking judgment, the Supreme Court has held that High Courts and Sessions Court have the power to grant interim/transit anticipatory bail even when the First Information Report (FIR) has been registered in another State.
The Court finally set aside the judgment of Patna High Court in Syed Zafrul Hassan and the judgment of Calcutta High Court in Sadhan Chandra Kolay to the extent that they hold that the High Court does not possess jurisdiction to grant extra-territorial anticipatory bail i.e., even a limited or transit anticipatory bail
Case title: Priya Indoria v. State of Karnataka
Citation: 2023 LiveLaw (SC) 996
The Supreme Court recently held that the police have to obtain a transit remand when arresting an individual outside the jurisdiction where the offence is registered. This mandate is in line with the requirements of Article 22 of the Constitution, emphasizing the need for police to facilitate the accused's transfer from the location of arrest to the jurisdiction where the crime is registered.
Case title: Priya Indoria v. State of Karnataka
Citation: 2023 LiveLaw (SC) 996
The Supreme Court today held that the Sessions Court or High Court would have the power to grant interim/transit anticipatory bail, when the FIR is not registered within the territory of a particular State but in a different State.
The Court observed : "...we hold that the Court of Session or the High Court, as the case may be, can exercise jurisdiction and entertain a plea for limited anticipatory bail even if the FIR has not been filed within its territorial jurisdiction and depending upon the facts and circumstances of the case, if the accused apprehending arrest makes out a case for grant of anticipatory bail but having regard to the fact that the FIR has not been registered within the territorial jurisdiction of the High Court or Court of Session, as the case may, at the least consider the case of the accused for grant of transit anticipatory bail which is an interim protection of limited duration till such accused approaches the competent Sessions Court or the High Court, as the case may be, for seeking full-fledged anticipatory bail"
Case Title: Vivek Kaisth and another v. The State of Himachal Pradesh and others
Citation: 2023 LiveLaw (SC) 997
The Supreme Court recently held the procedure adopted by the Himachal Pradesh Public Service Commission and the High Court in the selection of Civil Judge (Junior Divisions) in 2013 to be wrong and consequently, the appointments of two judicial officers were found to be irregular. At the same time, the Court refused to unseat the two officers, considering the fact that they have rendered over ten years service and that there was no fault on their part in the irregularities
Case Title: Moturu Nalini Kanth V. Gainedi Kaliprasad
Citation: 2023 LiveLaw (SC) 998
The Supreme Court on Monday (20.11.2023) held that in order to prove the genuineness of a will, it is not enough to examine a random witness who asserts that he saw the attesting witness affix his signature in the Will.
Section 69 of the Evidence Act deals with proving the authenticity of a document in cases where no attesting witnesses are found. Under the said provision, it must be proved that the attestation of one attesting witness at least is in his handwriting, and that the signature of the person executing the document is in the handwriting of that person
Case Title: P. KISHORE KUMAR v. VITTAL K. PATKAR
Citation : 2023 LiveLaw (SC) 999
Reiterating that revenue records are not documents of title, the Supreme Court held that mere mutation of revenue records would not divest the real title-owners of a land of their right, title and interest in the land.
Referring to a catena of precedents, the Court observed that "mutation in revenue records neither creates nor extinguishes title nor does it have any presumptive value on title. All it does is entitle the person in whose favor mutation is done to pay the land revenue in question".
Case Title: Bajaj Allianz General Insurance Co.Ltd. V. Mukul Aggarwal
Citation: 2023 LiveLaw (SC) 1000
The Supreme Court on Monday (20.11.2023) reiterated that an insured cannot claim anything more than what is covered by the insurance policy. The Court also said the terms of an insurance policy, which determine the liability of the insurance company, must be read strictly.
Referring to the recent ruling in National Insurance Company Ltd. v. Chief Electoral Officer, the Apex Court said that the rule of contra proferentem would not be applicable to a commercial contract like a contract of insurance. This rule says that if any clause in the contract is ambiguous, it must be interpreted against the party that introduced it. However, for a contract of insurance, this would not apply since an insurance contract is bilateral and mutually agreed upon, like any other commercial contract, a bench of Justice Abhay S Oka and Justice Rajesh Bindal observed.
Case title: State of Jharkhand v. SOCIEDADE DE FOMENTO INDUSTRIAL PVT. LTD
Citation: 2023 LiveLaw (SC) 1002
The Supreme Court recently validated the authority of the state to annul a tender process, with a specific focus on adherence to Rule 9 under the Mineral (Auction) Rules, 2015.
Referring to Rule 9(10) of the Mineral (Auction) Rules, the Court said that where the total number of technically qualified bidders is less than three, then no technically qualified bidder shall be considered to be qualified bidder and the first attempt of auction shall be annulled.
Case title: Pawan Kumar v. State of UP
Citation: 2023 LiveLaw (SC) 1003
The Supreme Court recently reviewed and accepted the plea of juvenility by a convict after 27 years in an assault and murder case that took place in 1995. Although Juvenile Justice Act, 1986 was in force at the time of offence and conviction, a 5-judge Constitutional bench in the Pratap Singh case (2005) had clarified that the 2000 Act applied to pending proceedings initiated under the 1986 Act.
It is pertinent to note that JJ Act, 2000 had raised the age of juvenility from 16 to 18 years. In this case, the medical report showed the appellant’s age to be 19 years, the school register to approximately 16 years, and the panchayat register to 20 years.
Case Title: Shah Originals v. Commissioner of Income Tax-24, Mumbai
Citation: 2023 LiveLaw (SC) 1004
Recently, the Supreme Court (on November 21), while interpreting Section 80 HHC of the Income Tax Act, held that the profit from exchange fluctuation is independent of export earnings. Pertinently, Section 80 HHC provides for the deduction of profits that the assessee derives from exporting goods/merchandise.
The Court, while stressing upon the wordings of Section 80 HHC, held that the same enables deduction to the extent of profits derived by the assessee from the export of such goods and merchandise and none else.
Case title: Nanhe v. State of UP
Citation: 2023 LiveLaw (SC) 1005
The Supreme Court recently invoked the doctrine of transferred malice to uphold the conviction of the appellant in a murder case under section 302 IPC. The appellant had no intention to kill the deceased as he had fired with an intention to settle his score with another person Mahendra with whom he had entered into a harsh argument.
However, the court held that it made no difference since ‘The Doctrine of Transfer of Malice or Transmigration of Motive’ provides that where there is ‘mens rea’ of committing an offence, it can be transferred to another.
Case Title: SARR FREIGHTS CORPORATION V. CJDARCL LOGISTICS LTD
Citation: 2023 LiveLaw (SC) 1006
The Supreme Court recently held that when it comes to tender clauses, the interpretation of a tendering authority must prevail unless there is any malafides alleged or proved.
A bench of Justice Sanjay Kishan Kaul, Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah referred to the decision of the Apex Court in Jagdish Mandal vs. State of Orissa (2007) 14 SCC 517 while making this observation.
Case Title: Ramkrishna Forgings Limited v Ravindra Loonkar & Anr.
Citation: 2023 LiveLaw (SC) 1007
The Supreme Court has set aside an order whereby the National Company Law Tribunal (“NCLT”) kept the approval of a resolution plan in abeyance while directing an Official Liquidator to conduct a re-valuation of the Corporate Debtor’s assets. Consequently, the order of the National Company Law Appellate Tribunal (“NCLAT”) affirming the NCLT’s order has also been set aside.
Case Title: The State Of Punjab v Principal Secretary To The Governor Of Punjab
Citation: 2023 LiveLaw (SC) 1008
In its judgment pertaining to the Punjab Government's plea challenging the Governor's inaction on four bills passed by the state legislature, which was decided by the Supreme Court on November 10 but uploaded on November 23, the Apex Court stated that reconvening a sitting of the Vidhan Sabha which had not been prorogued was permissible in law and is within the exclusive domain of the Speaker.
Case Title: The State Of Punjab v Principal Secretary To The Governor Of Punjab
Citation: 2023 LiveLaw (SC) 1008
The Supreme Court has held that if a Governor decides to withhold assent to a Bill, then he has to return the bill to the legislature for reconsideration. This clarification by the Court is important because Article 200 of the Constitution does not expressly state what should be the next course of action after a Governor withholds assent for a Bill.
Case Title: Shakeel Ahmed v. Syed Akhlaq Hussain
Citation: 2023 LiveLaw (SC) 1009
The Supreme Court recently held that no title could be transferred with respect to immovable properties on the basis of an Agreement to Sell or on the basis of a General Power of Attorney.
Case title: Amandeep Singh Sran v. State of Delhi
Citation: 2023 LiveLaw (SC) 1012
The Supreme Court recently declined to club multiple FIRs where the offenses against the petitioner involved not only provisions of the Indian Penal Code(IPC) but also invoked various state enactments designed to protect investors. Each state had designated special courts for these offenses, making clubbing of FIRs challenging, as it would undermine the jurisdiction of these specialized courts.
Case Title: Aditya Kumar v. State of Bihar
Citation: 2023 LiveLaw (SC) 1013
The Supreme Court recently denied anticipatory bail to IPS officer and former Superintendent of Police Aditya Kumar who had allegedly involved a conman to pose as the Chief Justice of the Patna High Court in order to influence a corruption probe against him.
Supreme Court Doubts Precedent Which Limited High Court's Scope In Deciding Discharge Applications
Case Title: VISHNU KUMAR SHUKLA & ANR v. THE STATE OF UP
Citation: 2023 LiveLaw (SC) 1019
The Supreme Court has expressed reservations about the judgment in Minakshi Bala v Sudhir Kumar, (1994) 4 SCC 142 which advocated for a restricted approach to be taken by High Courts in discharging accused from criminal cases.
High Courts Have Duty To Quash Vexatious Criminal Prosecutions: Supreme Court
Case Title: VISHNU KUMAR SHUKLA & ANR v. THE STATE OF UTTAR PRADESH
Citation: 2023 LiveLaw (SC) 1019
“The protection against vexatious and unwanted prosecution and from being unnecessarily dragged through a trial by melting a criminal proceeding into oblivion, either through quashing an FIR/Complaint or by allowing an appeal against an order rejecting discharge or by any other legally permissible route, as the circumstances may be, in the deserving case, is a duty cast on the High Courts" the bench observed.
Case title: PAVANA DIBBUR v. THE DIRECTORATE OF ENFORCEMENT
Citation: 2023 LiveLaw (SC) 1021
In an important judgment pronounced today, the Supreme Court clarified that an offence of criminal conspiracy punishable under Section 120-B of the Indian Penal Code will be deemed a scheduled offence under the Prevention of Money Laundering Act (PMLA) only if the alleged conspiracy is directed towards committing an offence specifically included in the schedule of the PMLA.
“An offence punishable under section 120-B will become a scheduled offence only if the conspiracy alleged is of committing an offence specifically included in the schedule. On that ground, we’ve quashed the proceedings," ruled the Court.
Person Accused Of PMLA Offence Need Not Be An Accused In Scheduled Offence: Supreme Court
Case title: PAVANA DIBBUR v. THE DIRECTORATE OF ENFORCEMENT
Citation: 2023 LiveLaw (SC) 1021
The Supreme Court clarified that a person accused of an offence under Section 3 of the Prevention of Money Laundering Act (PMLA) need not necessarily be shown as an accused in the scheduled offence. The judgment clarified that a person, unconnected to the scheduled offence but knowingly assisting in the concealment of the proceeds of crime, can be held guilty of committing an offence under Section 3 of the PMLA
Case Title: Vijay v. Union of India
Citation: 2023 LiveLaw (SC) 1022
The Supreme Court on Tuesday (29.11.2023) reiterated that if a document that is required to be stamped is not sufficiently stamped, then a copy of such document cannot be adduced as secondary evidence.
The bench observed, “If a document that is required to be stamped is not sufficiently stamped, then the position of law is well settled that a copy of such document as secondary evidence cannot be adduced."
Principles On Admissibility Of Secondary Evidence: Supreme Court Explains
Case Title: Vijay v. Union of India
Citation: 2023 LiveLaw (SC) 1022
The Supreme Court on Tuesday (29.11.2023) explained the principles relevant for examining the admissibility of secondary evidence under the Indian Evidence Act, 1872.
Case Title: SIVAMANI AND ANR. V. STATE REPRESENTED BY INSPECTOR OF POLICE
Citation: 2023 LiveLaw (SC) 1024
The Supreme Court, on November 28), while setting aside the conviction under attempt to murder, gave weightage to two factors. Firstly, the Court noted that there were no repeated or severe blows caused. Secondly, injuries on victims were simple in nature.
“Admittedly, there is no allegation of repeated or severe blows having been inflicted. Even the injuries on PW1 and PW2 have been found to be simple in nature, which is an additional point in the appellants’ favor….As such, the conviction under Section 307, IPC is unsustainable.”
Case Title: Dr. Premchandran Keezhoth & Anr v The Chancellor Kannur University & Ors | C.A. No. 7700/2023
Citation: 2023 LiveLaw (SC) 1025
In a significant judgment, the Supreme Court on Thursday (November 30) set aside the reappointment of Dr.Gopinath Ravindran as the Vice-Chancellor ( VC) of the Kannur University in Kerala.
The Court quashed the notification dated November 23, 2021, re-appointing Dr. Gopinath Ravindran as the VC, on the ground of "unwarranted intervention of the State Government" and by observing that the Chancellor (Kerala Governor) "abdicated or surrendered" the statutory powers for re-appointing the Vice Chancellor.
Case title: New India Assurance Co Ltd v. M/S Mudit Roadways
Citation: 2023 LiveLaw (SC)
In a fire insurance claim, the Supreme Court recently held that the exact cause of the fire is immaterial if the insured is not implicated as the one responsible for initiating the fire. This principle, grounded in the Canara Bank v. United India Insurance Company (2020) 3 SCC 455 case reinforces the insurer's duty to honor the terms of the insurance policy and fulfill its obligations to the insured
News Updates
Arguing before the Constitution bench comprising Chief Justice of India DY Chandrachud, Justices Sanjiv Khanna, BR Gavai, JB Pardiwala, and Manoj Misra in the batch of petitions challenging the Electoral Bond Scheme, Advocate Prashant Bhushan submitted that 99% of Electoral Bonds went to the ruling parties in the Centre and in the States while the opposition parties were left with less than 1% of bonds.
He added that total donations declared by BJP by means of Electoral Bonds was more than three times the total donations of Electoral Bonds declared by all other national parties put together
Attorney General for India, R Venkataramani, in a statement filed before the Supreme Court in the electoral bonds case, has submitted that the citizens do not have the right to information under Article 19(1)(a) of the Constitution regarding the funding of a political party.
Case Title: Orbit Electricals Private Limited v. Deepak Kishan Chhabaria
Citation: Conmt. Pet (C) No.1195/2023 In C.A. No.6108/2023
A judicial member of the National Company Law Appellate Tribunal (NCLAT), Mr.Rakesh Kumar, tendered his resignation in the wake of the Supreme Court issuing a contempt notice against him over passing a judgment defying an interim order of the Apex Court
Case Title: Sunil Prabhu v. The Speaker, Maharashtra State Legislative Assembly
Citation : 2023 LiveLaw (SC) 943
The Supreme Court on Monday (October 30) directed the Maharashtra Legislative Assembly Speaker to decide the disqualification petitions filed in relation to Shiv Sena rift and the Nationalist Congress Party rift by December 31, 2023 and January 31, 2024 respectively.
Supreme Court Adjourns Senthil Balaji's Plea For Bail On Medical Grounds Till Next Week
Case Details: V Senthil Balaji v. The Deputy Director Directorate of Enforcement
Citation: Special Leave Petition (Criminal) No. 13929 of 2023
The Supreme Court on Monday (October 30) adjourned the hearing of Tamil Nadu minister and DMK leader Senthil Balaji's plea seeking bail on medical grounds until next week. Balaji was arrested by the Enforcement Directorate in June this year in connection with a cash-for-job money laundering case.
Supreme Court Expresses Concerns At Indefinite Suspension Of AAP MP Raghav Chadha From Rajya Sabha
Case Title: Raghav Chadha v. Rajya Sabha Secretariat And Ors.
Citation: W.P.(C) No. 1155/2023
While hearing the writ petition filed by Aam Aadmi Party (AAP) leader Raghav Chadha challenging his suspension from the Rajya Sabha on August 11 during the monsoon session, the Supreme Court expressed grave concern over the indefinite suspension of a Member of Parliament and its impact on the right of the people to be represented.
Case Details: Tushar Gandhi v. State of Uttar Pradesh
Citation: Writ Petition (Criminal) No. 406 of 2023
The Supreme Court on Monday (October 30) mulled over the idea of appointing an expert agency working in the field of child welfare to visit the victim of the Muzaffarnagar student slapping case and provide counseling to him in his home, after being informed that he was badly traumatized from the incident.
The court also expressed dissatisfaction over the state government insisting that the child visit a counselling centre to receive counselling in accordance with a previous order. "The child is so traumatized. You expect him to come to the counselling centre?" the education department was asked during today's hearing.
Case Details: Committee of Management Trust Shahi Masjid Idgah v. Bhagwan Shrikrishna Virajman & Ors.
Citation: Special Leave Petition (Civil) No. 14275 of 2023
The Supreme Court on Monday (October 30) revealed that the Allahabad High Court's registry has furnished relevant information and documents relating to the suits over the Krishna Janmabhoomi-Shahi Eidgah Mosque dispute pending before the high court.
Case Title: Government Of National Capital Territory Of Delhi v. Union Of India And Ors.
Citation: W.P.(C) No. 678/2023
The Supreme Court on Monday (October 30) clarified that it had not dealt with the legality of the Delhi Lieutenant Governor's order as per which appointments of more than 400 private persons as advisers, fellows, and consultants by the Aam Aadmi Party (AAP) government were terminated and the issue could be decided by the Delhi High Court.
The Tamil Nadu Government has moved Supreme Court alleging that the Governor of the State of Tamil Nadu Dr RN Ravi has positioned himself as a "political rival" to the State Government and is obstructing the State Legislative Assembly's ability to carry out its duties by excessively delaying the consideration of bills that the Assembly has passed.
Asserting that the Governor’s inactions have caused a "constitutional deadlock between the Constitutional Head of the State and the Elected Government of the State", the State has sought for a specified timeline by which the Governor shall dispose of all pending Bills, files, and Government orders forwarded by the Tamil Nadu Legislative Assembly.
Atrocious': Supreme Court Shocked By Plea Challenging Articles 20 & 22; Pulls Up Lawyers
The Supreme Court on Tuesday (October 31) expressed shock at a writ petition filed challenging the constitutionality of Articles 20 and 22 of the Constitution and pulled by the lawyers for filing such a petition.
The Court asked the drafting counsel, Advocate-on-Record, and the arguing counsel involved in the case to file affidavits explaining the circumstances under which such a petition was filed.
The Supreme Court on Tuesday (October 31) asked the Governments of Punjab, Haryana, Uttar Pradesh, Rajasthan and Delhi to file affidavits setting forth the steps they have taken to control air pollution including the measures to curb crop burning.
Advocates-on-record cannot be reduced to mere signing authorities, the Supreme Court observed on Tuesday (October 31), while lambasting the practice of signing off on petitions without examining their content. The Court has called for suggestions from the bar for framing a "comprehensive policy" to curb the practice of AoRs merely acting as signing authorities and filing frivolous petitions.
The Supreme Court on Tuesday (31.10.2023), reserved for judgment the appeal filed by the makers of the TVF web series ‘College Romance’, who had challenged the Delhi High Court order that upheld registration of FIRs against them under Section 67 and 67A of Information Technology Act,2000 for showcasing vulgar and obscene content.
Supreme Court Adjourns Hearing In SNC Lavalin Case
Case Title: Kasthuri Ranga v. State Rep. By Addl. Superintendent Of Police CBI And Ors. Citation: SLP(Crl) No. 7801/2017
The Supreme Court on Tuesday (31.10.2023) adjourned the appeals filed by the Central Bureau of Investigation (CBI) challenging the discharge of Kerala Chief Minister Pinarayi Vijayan and other accused in the SNC Lavalin Case.
Case Details: Government of NCT of Delhi v. Office of the Lieutenant Governor of Delhi & Anr. | Civil Appeal No. 5388 of 2023
The Supreme Court on Tuesday (October 31) questioned whether a government could sue or be sued through a minister, while hearing Delhi government’s plea against the appointment of Lieutenant-Governor VK Saxena as the head of a solid waste management panel.
Case Details: Umar Khalid v. Union of India & Anr.
Citation: Writ Petition (Criminal) No. 513 of 2023
The Supreme Court on Tuesday (October 31) decided to hear former JNU scholar and activist Umar Khalid's plea challenging various provisions of the Unlawful Activities (Prevention) Act, 1967, along with his pending bail application in the Delhi riots larger conspiracy case, on November 22.
No Way To Prohibit Trading Of Electoral Bonds Since They Can Be Transferred, Says Supreme Court
While hearing the batch of petitions challenging the anonymous electoral bonds scheme, the Supreme Court today commented on the lack of control over transactions involving Electoral Bonds owing to the transferability of the bonds.
The News Broadcasting & Digital Standards Authority (NBDSA) on Thursday (2nd November) criticized Times Now Navbharat for calling the Haldwani protesters “Jihadi Gang” and a part of “Zameen Jihad”.
The NBDSA said that by using such terms the channel “reiterated stereotypes that are historically used to target, attack & ridicule communities based on their religion”.
Justice Anand Venkatesh Writes: Dire Need Of “A Tall Figure“ to Guide The Judiciary
He stated “There is no attempt to inform the present generation of lawyers of what distinguished some of our great forebears in the Law that set them apart from the pedestrian tribe. Mere information will never bring about a change since they are nothing but barren words, and the best way to inspire is to live such a life and become a torchbearer for the next generation. Fortunately for my generation and the previous generations, such men of stature were seen in action, flesh, and blood, of course, far and few.
But at least they were there to emulate them. Probably, we failed to live a life like that and thereby deprived the next generation to experience such men of stature.”
Case Title: Puranmal Jat v. State of Rajasthan
Citation: SLP(Crl.)No(s).10670/2023)
The Supreme Court on Thursday (2nd November) enlarged a man facing charges under the Narcotic Drugs and Psychotropic Substances Act, 1985, on bail on the condition that he share his location through his mobile phone by pairing it with the mobile phone of the investigating officer round the clock.
Notably, this order was passed, while a coordinate bench of the Apex Court is yet to adjudicate upon whether prescribing a bail condition of sharing one’s live location with the investigating officer violates the right to privacy.
Chief Justice of India DY Chandrachud, speaking at the Hindustan Times Leadership Summit 2023 on Saturday (4th November) said that judges don’t go by popular morality, but by constitutional morality. Constitutional morality, he explained, consists of those values of the constitution that the courts are intended to espouse such as fraternity, human dignity, personal liberty and equality.
Centre Nominates Justice S Muralidhar & 8 Others As Members Of NALSA
The Central Government, in consultation with the Chief Justice of India, has nominated former Dr.Justice S Muralidhar, former Orissa High Court Chief Justice, as a Member to the National Legal Services Authority
In an interview with veteran journalist Nidhi Razdan, Senior Advocate and Rajya Sabha MP Kapil Sibal recently said the Prevention of Money Laundering Act (PMLA) is being used as an instrument of oppression by the government. “The PMLA is an instrument of oppression. It's as simple as that. It's an instrument by which you terrorize people,” he said.
Army's Approach To Promotion Of Women Officers Arbitrary, Contrary To Judgment: Supreme Court
The Supreme Court on Friday (November 3) criticized the Indian Army for its "arbitrary" attitude towards the promotion of women officers who have been granted permanent commission as per the earlier judgments of the Court.
The Court observed that the norms adopted by the Army have done a "disservice to the need to provide justice to women officers who had fought a long and hard battle to receive just entitlements as their male counterparts.
Case Details: Association of Democratic Reforms v. Election Commission of India
Citation: Writ Petition (Civil) No. 434 of 2023
Ahead of the 2024 general elections, the Supreme Court on Friday (November 3) orally observed that enhancing the scale of electronic voting machine (EVM) data cross-checking against voter-verifiable paper audit trail (VVPAT) records would increase the election commission's work without any 'big advantage'.
Case title: David Hangshing v. NIA
Citation: T.P.(Crl.) No. 000671 - / 2023
The Supreme Court today(3rd November) stayed the trial in a missing arms case against Kuki Revolutionary Army Chief David Hangshing and United Kuki Liberation Front (UKLF) leader Lhunkhoson Haokip while issuing notice on their plea to transfer the case from Manipur to Assam.
Stop Using 'My Lord' & 'Your Lordship', Use 'Sir' Instead: Justice PS Narasimha To Lawyer
Justice PS Narasimha, judge of the Supreme Court, recently expressed displeasure at being repeatedly addressed as "Your Lordship" and "My Lord".
“How many times you will say 'My Lords'? If you stop saying this, then I will give you half of my salary,” Justice PS Narasimha told a lawyer during a hearing, reported the PTI. “Why don't you use 'Sir' instead?,” the judge asked the lawyer.
Case Title: M/S Rajasthan Medical Service Corporation Nilofar Khan v. M/S Shivek Labs Limited
Citation: SLP(C) No. 22407/2023
In yet another instance of the judiciary expressing exasperation with lawyers strikes, the Supreme Court on Friday (November 3) issued notice to the Rajasthan High Court Bar Association at Jaipur Bench. Previously, on September 27, the Court had deprecated the Association’s conduct and the Rajasthan Bar Association, Jaipur Bench as well as the Bar Council of India.
Case title: Ravi Nair v. State of Gujarat| Anand Mangnale v. State of Gujarat
Citation: Writ Petition (Criminal) No. 527 of 2023|Writ Petition (Criminal) No. 532 of 2023
The Supreme Court on Friday (November 3) granted journalists Ravi Nair and Anand Mangnale interim protection from being arrested by the Gujarat police over an article they wrote about the Adani-Hindenburg row.
Difficult For Court To Order Immediate Implementation Of Women's Reservation, Says Supreme Court
Case Details: Jaya Thakur v. Union of India & Anr
Citation: Writ Petition (Civil) No. 1181 of 2023
The Supreme Court on Friday (November 3) expressed its reservations about directing the union government to immediately implement before the 2024 general elections, the Constitution (One Hundred and Sixth Amendment) Act, 2023, which proposes to introduce women’s reservation in the Lok Sabha, the upper houses of the state legislatures, and the Delhi legislative assembly.
Although the constitutional amendment was signed into law by President Droupadi Murmu in September, the act will not be implemented until a delimitation exercise is conducted following the next census.
Case Title: Raghav Chadha v. Rajya Sabha Secretariat
Citation: W.P.(C) No. 1155/2023
Contemplating a 'way forward' in the matter concerning the suspension of Aam Aadmi Party (AAP) MP Raghav Chadha, the Supreme Court today recorded the statement of Chadha agreeing to tender an unconditional apology to the Chairperson of Rajya Sabha and urged the Chairperson to take a 'sympathetic view' for the same.
Case Title: Anjuman Intezamia Masazid Varanasi v. The 1st Additional District Judge
Citation: SLP(C) No. 23850-23851/2023
The Supreme Court on Friday (November 3) refused to interfere with the order passed by Allahabad High Court Chief Justice Pritinker Diwaker transferring the cases concerning the Kashi Vishwanath-Gyanvapi Mosque dispute to his bench from the bench of another judge.
"I don't want this court to be a 'tareekh-pe-tareekh' court," said Chief Justice of India DY Chandrachud today (November 3, 2023) highlighting the 'irony' of lawyers seeking adjournment of the very same matters which were urgently listed on their request.
CJI requested the members of the bar to not seek adjournments of matters unless "very very necessary".
On the final day of arguments in the case about the Electoral Bonds Scheme case, the Supreme Court asked the Union Government if it was planning to amend the Companies Act to reintroduce a profit percentage-based limit on donations by Companies. The court also remarked that while it was not asking the government to go back to a cash-based system, it was asking the scheme to be made in a proportional, tailor-made manner which took care of the serious deficiencies arising out of the current scheme.
Supreme Court Collegium Recommends Appointment Of New Chief Justices In 3 High Courts
The Supreme Court collegium has recommended names to the Union Government for the appointment as Chief Justices of three High Courts. They are : Justice Ritu Bahri as the Chief Justice of the Uttarakhand High Court, Justice Chakradhari Saran Singh as the Chief Justice of the Orissa High Court and, Justice S Vaidyanathan as the Chief Justice of the Meghalaya High Court.'
42 Candidates Clear Supreme Court's Law Clerk-cum-Research Associates Exam 2023
42 candidates qualified for the Interview and are offered engagement as Law Clerk-cum-Research Associates. 28 candidates have been placed on the waitlist.
Case title: Rajveer Singh v. Union of India
Citation: Diary No.- 45541 - 2023
A petition has been filed in the Supreme Court seeking permission to allow liver donation by a person to his cousin, a 3-year-old child who is suffering from a chronic liver disease.
The authorisation committee under the the Transplantation of Human Organs and Tissues Act, 1994 denied approval for the liver donation citing the bar provided in Section 9.
During the hearing, the bench raised several pertinent queries to the Central Government about the scheme, flagging its "selective anonymity" and also asked whether it is legalising kickbacks for parties.
The bench observed that it was possible for the ruling party to know the identity of the donors, whereas the opposition parties cannot get such information. The bench also raised questions about the removal of the condition that companies can only donate a maximum of 7.5% of their net profits to political parties.
Case Title: Teesta Atul Setalvad v. State of Gujarat
Citation: Criminal Appeal No. 338 of 2015
The Supreme Court on Wednesday (November 1) granted anticipatory bail to social activists Teesta Setalvad and her husband Javed Anand who are facing charges of embezzlement of funds raised to help and commemorate victims of the 2002 Gujarat riots, confirming an earlier order granting the duo interim protection from coercive action
The Supreme Court on Wednesday (November 1) refused to entertain an intervention application filed by 'Dalit Panthers' party challenging the Electoral Bonds scheme as discriminatory for not allowing parties with small votes share to accept the bonds.
Review Petition Filed Against Supreme Court's Marriage Equality Judgement
In a recent development, review petitions have been filed against the Constitution Bench judgement of the Supreme Court which had, on 17.10.2023, refused to grant legal recognition for queer marriages in India saying that it was a matter for the legislature to decide.
Case Details: Jyoti Jagtap v. National Investigation Agency & Anr.
Citation: Special Leave Petition (Criminal) No. 5997 of 2023
The Supreme Court on Wednesday (November 1) adjourned until November 30 the hearing of activist and Bhima Koregaon-accused Jyoti Jagtap's bail application.
A bench of Justices Aniruddha Bose and Sanjay Karol was hearing Jagtap’s petition challenging the Bombay High Court’s decision to reject her bail application.
On the second day of the hearing in the Electoral Bonds case, the Supreme Court questioned if the scheme was legalising 'kickbacks' made to political parties. The Constitution Bench comprising Chief Justice of India DY Chandrachud, Justices Sanjiv Khanna, BR Gavai, JB Pardiwala, and Manoj Misra also discussed if the bonds were actually confidential or merely "selectively anonymous"
Stray Dog Issue | Supreme Court Lists Matter For Final Hearing On 10th January
Case Title: Animal Welfare Board of India v. People For Elimination of Stray Troubles
Citation: C.A. No. 5988/2019
The Supreme Court on Wednesday (01.11.2023) listed the matter relating to the curbing of stray dog attacks in the country on 10th January for a final hearing.
A bench of Justice J K Maheshwari and Justice K V Viswanathan have been considering a batch of matters including the plea filed by the Kerala State Commission for Protection of Child Rights (KeSCPCR) citing increase in stray dog attacks in Kerala, especially against children, seeking directions to curb the menace.
The Government of Kerala has approached the Supreme Court stating that the Governor of Kerala, Arif Mohammed Khan, is delaying the consideration of bills that the State Assembly has passed. The State Government has contended that the Governor has failed in his constitutional duties by causing an unreasonable delay in considering over 8 pending bills.
A review petition has been filed in the Supreme Court against its judgment in Supriyo v. Union of India which refused to legalise same-sex marriages.
The review petition, filed by four petitioners (Udit Sood, Saatvic, Lakshmi Manoharan and Gagandeep Paul), faults the judgment for not affording any legal protection to queer couples despite acknowledging the discrimination faced by them
Can Trans Woman Invoke the Domestic Violence Act? Supreme Court To Consider
Case Title: Vithal Manik Khatri v. Sagar Sanjay Kamble
Citation: Special Leave Petition (Criminal) Diary No(s). 34425/2023
The Supreme Court is set to examine whether a transgender woman who has undergone sex re-assignment surgery can be an “aggrieved person” under the Domestic Violence Act, 2005 and has the right to seek interim maintenance in a domestic violence case. The matter has been listed for hearing in 2025.
The Supreme Court on Thursday (November 2) directed Election Commission of India to get the details of the funds received by all the political parties through Electoral Bonds till September 30 and submit the data to the Court. The data has to be submitted to the Registry of the Court in a sealed cover.
Supreme Court Asks NLU Jodhpur To File Progress Report On Regularisation of Staff
Case Title: The National Law University Jodhpur v. Prashant Mehta
Citation: Special Leave to Appeal (C) No(s). 13762- 13764/2019
Recently, the Supreme Court (On October 31) asked the National Law University, Jodhpur, to submit a progress report regarding the regularisation of its faculty within two months. This matter is related to the University mainly employing teachers on contract basis. The Court had earlier expressed concerns about the University having only contractual staff.
Speaking during the valedictory ceremony at Ram Manohar Lohiya National Law University, Lucknow, Justice Karol’s address centered on ADR mechanisms – how they are indispensable in solving pendency of cases, allow parties greater control over the dispute resolution process and employ lesser time.
Case Details: Committee of Management Trust Shahi Masjid Idgah v. Bhagwan Shrikrishna Virajman & Ors
Citation: Special Leave Petition (Civil) No. 14275 of 2023
In the latest development in the Krishna Janmabhoomi-Shahi Eidgah Mosque dispute, the Supreme Court on Friday (November 10) refused to suspend the ongoing proceedings before the Allahabad High Court which is hearing multiple suits seeking various reliefs, including declaration, injunction, and the right to worship at the mosque site as well as the removal of the structure.
Case Title: Samvidhan Bachao Trust v Election Commission of India
Citation: W.P.(C) No. 1228/2023 PIL-W
The Supreme Court, on Friday (11.11.2023) issued notice to the Election Commission of India (ECI) in a Public Interest Litigation (PIL) regarding the issue of duplicate entries in electoral rolls.
Case Title: Manu Prashant Wig v. Union of India and Ors
On Friday (10.11.2023), the Supreme Court declined to consider a public interest litigation (PIL) seeking guidelines for trading and mining of cryptocurrency. The petition was brought before a bench comprising Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Mishra. The court noted that even though the petitioner had filed the plea under Article 32 of the Constitution in the format of a PIL, but it appeared that the primary aim was to secure bail for the petitioner in a related case.
Supreme Court Expunges Remarks Against Judge In Gauhati HC Judgment
Case Title: X v. NATIONAL INVESTIGATION AGENCY
The Supreme Court on Friday (10th November) ordered the expunction of certain disparaging remarks made by the Gauhati High Court against a Special NIA Court Judge, who is at present a sitting judge of the High Court.
"..we are of the opinion that the adverse observations against the petitioner as contained in paragraphs 130, 190,191, 192, 193,194 and 233 and in any other relevant portion of the order are treated as expunged and shall not be held against the petitioner in any manner" the bench of Justice AS Bopanna and Justice PS Narasimha stated in its order.
Case Details: Central Bureau of Investigation v. DK Shivakumar |
Citation: Special Leave Petition (Criminal) No. 9097 of 2023
The Supreme Court Friday (10th November) refused to entertain the plea by the Central Bureau of Investigation (CBI) challenging Karnataka High Court's decision to stay an investigation against Deputy Chief Minister DK Shivakumar in a disproportionate assets case.
However, the Court requested the High Court to consider the application filed by the CBI for vacating the stay granted and the appeal pending before it as expeditiously as possible and preferably within two weeks.
After Supreme Court Rap, Kerala Govt Makes Contributory Pension Review Report Public
Case Title: JAYACHANDRAN KALLINGAL V. STATE OF KERALA
Citation: Petition(s) for Special Leave to Appeal (C) No(s). 8248/2023
The Kerala Government informed the Supreme Court on Friday (November 10) that it has supplied to the petitioner the copy of the report submitted in 2021 by a committee constituted to examine the contributory pension scheme.
It may be recalled that last week (November 3), the Court had pulled up the State for placing the report before the Cabinet with seemingly an intention to shield it from public disclosure.
Case Title: Abhishek Boinpally v. Directorate of Enforcement
Citation: Diary No.- 44355 - 2023
The Supreme Court, (on November 10), issued notice in the SLP filed by Hyderabad-based businessman Abhishek Boinpally who is facing charges of money laundering in connection with the Delhi excise policy scam. The present SLP is against the Delhi High Court’s Judgment wherein it dismissed a writ petition filed by Boinpally, challenging legality of his arrest by the Enforcement Directorate (ED)
Case Details: MC Mehta v. Union of India & Ors
Citation: Writ Petition (Civil) No. 13029 of 1985
The Supreme Court on Friday (November 10) clarified that it did not intend to dictate whether the odd-even rationing policy ought to be implemented in Delhi, and had only flagged the amicus curiae's concerns over its efficacy during the last hearing.
Case Details: MC Mehta v. Union of India & Ors.
Citation: Writ Petition (Civil) No. 13029 of 1985
The Supreme Court on Friday (November 10) expressed renewed concerns over the raging farm fires in the states adjacent to Delhi, particularly Punjab, urging the governments to come up with emergency measures to douse the fires now and longer-term measures for crop replacement in a phased manner and to encourage crops that do not leave behind stubble that will require burning, including alternative varieties of paddy.
Case Title: The State Of Punjab v Principal Secretary To The Governor Of Punjab
Citation: W.P.(C) No. 1224/2023
In a significant judgment delineating the limits of the gubernatorial powers, the Supreme Court on Friday (November 10) held that it is not open for a Governor to withhold assent to bills by doubting the validity of the legislative session in which they were passed.
Case Details: Tushar Gandhi v. State of Uttar Pradesh
Citation: Writ Petition (Criminal) No. 406 of 2023
In a scathing order, the Supreme Court on Friday (10th Nov) castigated the State of Uttar Pradesh and its Education Department for non-compliance with the orders passed concerning the counseling and admission for the student victim in the infamous Muzaffarnagar school slapping case.
The Court expressed strong dissatisfaction with the lack of proper counselling provided to the child and other students. To rectify this failure, the Court appointed the Tata Institute of Social Sciences (TISS) to help with the counselling. The Court also directed the Principal Secretary of the Education Department to appear virtually for the next hearing scheduled on December 11, 2023.
Case Title: BENJAMIN NICHOLAS BROOKE PARKIN Versus STATE OF GUJARAT
Citation: W.P.(Crl.) No. 574/2023
The Supreme Court on Friday (10th November) granted interim protection from coercive action to two journalists from Financial Times, Benjamin Nicholas Brooke Parkin and Chloe Nina Cornish, who have been summoned by the Gujarat Police in relation to an article published in August against the Adani group.
'Matter Of Serious Concern': Supreme Court On Tamil Nadu Governor Not Clearing Bills & Files
Case Title: The State Of Tamil Nadu v The Governor Of Tamilnadu And Anr
Citation: W.P.(C) No. 1239/2023
The Supreme Court on Friday (November 10) expressed concerns at the Tamil Nadu Governor RN Ravi sitting over several bills passed by the legislature and files submitted by the State Government
Supreme Court Dismisses Plea Seeking Directions To Protect Hinduism In India
Case Title: Daudhraj Singh V. Union of India
Citation: Diary No.- 39115 - 2023
The Supreme Court, today on November 10, dismissed a Public Interest Litigation seeking directions for making guidelines for "the protection of Hinduism in India."
Expressing surprise at the petition Justice Kaul said, "What is this petition? You say (in Hindi) “Direction to proper authorities of Government of India to make guidelines for the protection of Hinduism in India.”
In a significant step towards promoting inclusivity and accessibility, Chief Justice of India Dr DY Chandrachud, inaugurated the 'Mitti Cafe' in the Supreme Court premises today. The Mitti Cafe, a unique initiative, is entirely run by specially-abled staff. The inauguration ceremony of Mitti Cafe featured a rendition of the National Anthem in sign language.
Case Title: Ram Ramaswamy And Ors. v. Union of India And Ors.
Citation: WP(Crl) No. 138/2021
Five academicians who have petitioned the Supreme Court seeking guidelines for the seizure of personal electronic devices by investigating agencies have prepared a set of draft guidelines and have submitted them to the Court (Ram Ramaswamy and Ors. v. Union of India and Ors.).
Case Details: Rajendra Singh v. State of Uttar Pradesh | Miscellaneous Application No. 393 of 2023 in Special Leave Petition (Criminal) No. 12831 of 2022
Senior Advocate S Nagamuthu, the amicus curiae in an ongoing suo motu case in the Supreme Court aimed at curbing the proliferation of unlicensed firearms, has suggested making bail provisions under the Arms Act, Explosives Act, and Explosive Substances Act more stringent, akin to those in the Prevention of Money Laundering Act and the Narcotic Drugs and Psychotropic Substances Act.
Case Details: State of West Bengal v. Union of India
Citation: Original Suit No. 4 of 2021
The Union of India on Thursday (November 9) questioned the maintainability of an original suit filed by the State of West Bengal against the Central Bureau of Investigation (CBI) allegedly continuing to register and investigate cases in the State even after the State government withdrew the general consent for the central agency.
Case Title: Pratap Singh Bist v. The Director, Directorate of Education, Govt. Of NCT Of Delhi
Citation: Diary No(S).41779/2023
The Supreme Court, recently (on November 03), while hearing an appeal arising out of the judgment passed by the Delhi High Court, expressed doubt on its dictum that PIL is “not at all” maintainable in Service Matters while terming the same as “debatable issue”. Accordingly, the Court has kept the issue open and the same is to be decided in the appropriate case.
Three New Judges Take Oath, Supreme Court Back To Its Full Strength Of 34 Judges
Justices Satish Chandra Sharma, Augustine George Masih, and Sandeep Mehta took oath as judges of the Supreme Court on Thursday. Chief Justice of India DY Chandrachud administered the oath to them at a ceremony held in the Additional Complex of the Supreme Court today at 4.15 PM.
Case Status: Neetu Nagar v. Govt. Of NCT Of Delhi
Citation: Diary No(S). 20576/2023
Can the past service in the judicial services of another State be taken into account for the purpose of benefits in the judicial service of one state? The Supreme Court is set is examine this issue in a case.
The Supreme Court on Thursday (09.11.2023) directed that the non bailable warrant issued against National Spokesperson of Congress Randeep Surjewala shall not be executed for the next five weeks. The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra granted liberty to Surjewala to move to the trial court with an application to quash the warrant against him in four weeks.
Case Details: Nara Chandrababu Naidu v. State of Andhra Pradesh & Anr
Citation: Special Leave Petition (Criminal) No. 13356 of 2023
The Supreme Court on Thursday (09.11.2023) adjourned the plea by former Andhra Pradesh Chief Minister Nara Chandrababu Naidu for anticipatory bail in the FiberNet scam in the state stating the Court is likely to deliver the judgment in Naidu's quash petition in the skill development case after Diwali vacations. The Supreme Court is having Diwali holidays from November 13 to 18
The central government on Wednesday (November 8) cleared the appointment of the chief justices of the high courts of Delhi, Rajasthan, and Gauhati respectively as judges of the Supreme Court. Justices Satish Chandra Sharma, Augustine George Masih, and Sandeep Mehta were recommended for elevation by the Supreme Court collegium earlier this week.
Heralding E-Revolution Of Judiciary: CJI DY Chandrachud's Administrative Reforms In One Year
As Chief Justice of India DY Chandrachud completes one year as the head of the Indian judiciary, it is worthwhile to have a look at some of the notable administrative and infrastructural reforms ushered in by him during this term.
The period since he took the office as the 50th Chief Justice of India on November 9, 2022 has witnessed several path breaking initiatives that include adoption of cutting edge technology making court premises more accessible and inclusive
Case Title: Srirangam Koil Miras Kainkaryaparagal Matrum Athanai Sarntha Koilgalin Miraskainkaryaparargalin Nalasangam V. The State Of Tamil Nadu & Ors Citation: SLP(C ) No. 19553/2023
The State of Tamil Nadu urged the Supreme Court on Wednesday to vacate the status quo ordered by it relating to the appointment of Archakas (poojari/priest) in Agamic Temples in the State. However, the State's plea was declined by the Apex Court.
Case Title: The State of Kerala & Anr. V. P.V. Jeevesh (Advocate) & Ors.
A plea has been filed in the Supreme Court by the Kerala Government against the judgment of the High Court that had dismissed a Public Interest Litigation (PIL) filed by a lawyer challenging the action of the Governor of Kerala, Arif Mohammed Khan withholding bills passed by the State legislature indefinitely, and without adopting the course envisaged under Article 200 of the Constitution. In the plea before the High Court, the State of Kerala was a Respondent.
Case Details: M/s PLR Projects Private Limited v. Mahanadi Coalfields Limited & Ors.
Citation: Diary No. 33859 of 2022
The Supreme Court on Tuesday (November 7) issued notice to the Himachal Pradesh High Court Bar Association after the high court’s registrar general wrote a letter alleging that the members of the bar association had abstained from work on account of an advocate’s death.
In relation to the issue of stubble burning and its consequent effects on the air quality in Delhi, the Supreme Court on Tuesday asked the Punjab Government to have a relook into the Punjab Preservation of Subsoil Water Act, 2009.
The Supreme Court on Tuesday (November 7) summoned the Chairperson of Delhi Pollution Control Committee (DPCC) on next date of its hearing in air pollution matter (November 10)
Case Details: Bani Roy Choudhury & Anr. v. State of West Bengal & Ors
Citation: Writ Petition (Criminal) No. 482 of 2023
The Supreme Court on Monday (November 6) sought a report from the West Bengal government with respect to an ongoing criminal investigation, which has allegedly suffered interference by Calcutta High Court judge Amrita Sinha and her husband.
Case Title: Surendra B. Jiwrajika and Anr. vs. Omkara Assets Reconstruction Private Limited
Citation: SLP(C) No. 016464/2021
The Supreme Court today (07.11.2023) commenced its hearings in a batch of petitions challenging the constitutionality of various provisions of the Insolvency and Bankruptcy Code (IBC) relating to Personal Guarantors Insolvency Resolution Process.
The central contention raised by the petitioners challenging Sections 95(1), 96(1), 97(5), 99(1), 99(2), 99(4), 99(5), 99(6), and 100 of the Code was the alleged absence of due process in the application of these provisions.
Case Title: Advocates Association Bengaluru v. Barun Mitra & Anr.
Citation: Contempt Petition (Civil) No. 867 of 2021 in Transfer Petition (Civil) No. 2419 of 2019
The Supreme Court on Tuesday (November 7), while hearing a plea seeking contempt action against the central government for 'sitting over' collegium recommendations in violation of the timeline prescribed by the court, orally said that the elevation of lawyers ought not to be resisted only on grounds of their political affiliation. Unless the candidate has a "deep-rooted political aspect that affects their judicial work", their political affiliation should not be a basis for rejecting their candidacy
Case Title: MALIK MAZHAR SULTAN & ANR. V. U.P. PUBLIC SERVICE COMMISSION THROUGH ITS SECRETARY
Citation: Civil Appeal No(s).1867/2006
The Supreme Court (on Monday) passed a slew of directions with respect to the High Courts of Madhya Pradesh, Punjab and Haryana, for laying down the time schedule regarding the recruitment of District Judges in these High Court. However, the matter pertaining to the High Court of Tamil Nadu is listed tomorrow along with other applications.
Case Title: Ashish Ranjan V. The Tamil Nadu Self Financing Medical Colleges Association
The Supreme Court on Monday (06.11.2023), issued notice in an application moved by the Tamil Nadu Self Financing Medical Colleges Association (TNSFMCA) seeking Stray Counselling Round for filling up vacancies of Post Graduate Medical Seats in Tamil Nadu.
Supreme Court Questions Effectiveness Of Delhi's 'Odd-Even' Scheme In Controlling Pollution
The Supreme Court on Tuesday (November 7) questioned the effectiveness of the Delhi Government's "odd-even" scheme in controlling air pollution, while terming it as “optics”. Under this scheme, vehicles with license plate numbers ending in an even digit are allowed to operate on even dates, while those ending in odd digits can ply on odd dates.
Case Title: Advocates Association Bengaluru v. Barun Mitra & Anr
Citation: Contempt Petition (Civil) No. 867 of 2021 in Transfer Petition (Civil) No. 2419 of 2019
The Supreme Court on Tuesday (November 7) again expressed disapproval of the 'pick and choose' approach adopted by the central government in selectively accepting names from the collegium resolutions for judges' appointments.
Case Details: Foundation for Media Professionals v. Union of India & Ors.
Citation: Writ Petition (Criminal) No. 395 of 2022
The Supreme Court on Tuesday (November 7) expressed concerns over the arbitrary seizure of media professionals' digital devices and stressed the need for better guidelines to protect their interests.
A bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia was hearing a public interest litigation (PIL) filed by the Foundation for Media Professionals through Advocate-on-Record Rahul Narayan urging the court to establish safeguards against unreasonable interference by law enforcement agencies and create comprehensive guidelines for search and seizure of digital devices
Directions Regulating Firecrackers Apply To All States In Country, Not Just Delhi: Supreme Court
Case Title: Arjun Gopal v. Union Of India
CItation: W.P.(C) No. 728/2015
The Supreme Court on Tuesday (07.11.2023) clarified that its earlier directions against the use of barium and banned chemicals in firecrackers are applicable across the country, binding all states and not just the Delhi-National Capital Region.
The Court made this clarification while hearing an application seeking directions to the State of Rajasthan to comply with the Apex Court's orders regarding ban on barium crackers and minimising air and noise pollution during festive season
In the wake of the worsening air quality in Delhi-National Capital Region, the Supreme Court on Tuesday (November 7) sternly directed the Governments of Punjab, Rajasthan and Haryana to take immediate steps to stop stubble burning by farmers in the State, which the Court said was one of the major contributors to air pollution.
Case Title: Vishal Tiwari v. Union of India & Ors.
Citation: Writ Petition (Civil) No. 162 of 2023
The batch of petitions concerning the Adani-Hindenburg matter is yet to be listed in the Supreme Court, though the matter was scheduled to be heard on August 29, 2023. Advocate Prashant Bhushan, appearing for one of the petitioners, expressing concerns about repeated deferrals in listing the case in the Supreme Court, mentioned the matter before Chief Justice of India DY Chandrachud yesterday (November 6, 2023
The Supreme Court has deferred the hearing in the batch of petitions challenging the constitutional validity of Section 6A of the Citizenship Act, 1955, to December 5, 2023. Originally, these petitions were scheduled to be heard on November 7, 2023 (tomorrow) before a bench comprising CJI DY Chandrachud along with Justices AS Bopanna, MM Sundresh, JB Pardiwala, and Manoj Misra.
Case Title: N VASANTHALEELA v. MADRAS HIGH COURT THROUGH ITS REGISTRAR GENERAL
Citation: Diary No.- 43344 - 2023
A retired Sessions Judge from Tamil Nadu approached the Supreme Court aggrieved by the adverse comments made by a single judge of the Madras High Court against her in relation to the judgment passed by her acquitting State Minister K Ponmudi and his wife in a disproportionate assets case.
The petitioner, who retired as the Principal District and Sessions Judge at Vellore, took objection to the observations made by High Court judge Justice Anand Venkatesh in his suo motu revision order which re-opened the acquittal citing irregularities in the transfer and conduct of the trial.
Case Title: Satyendar Kumar Jain v. Directorate of Enforcement
Citation: Special Leave Petition (Criminal) No. 6561 of 2023
Senior Advocate Abhishek Manu Singhvi on Monday (November 6) questioned the necessity of Aam Aadmi Party leader Satyendar Jain's arrest by the Enforcement Directorate last year. The senior counsel told the Supreme Court, which was hearing the politician's bail plea in a money laundering case, "Unless [the ED] can show demonstrable, obvious, and palpable reasons for making an arrest, it should not do it. This is not about the power, but about the necessity of an arrest
SC Collegium Recommends Elevation Of 3 HC Chief Justices To Supreme Court
The Supreme Court Collegium has recommended the elevation of three High Court Chief Justices to the Supreme Court:Chief Justice of Delhi HC Satish Chandra Sharma(parent HC : MP HC); Chief Justice of Rajasthan HC Augustine George Masih(parent HC : P&H HC);Chief Justice of Gauhati HC Sandeep Mehta(parent HC : Rajasthan HC);
If these proposals are cleared, the Supreme Court will have the full strength of 34 judges
Case Title: SPACEBOUND WEB LABS PRIVATE LIMITED vs. FENTON DE SOUZA
Citation: Diary No.- 44003 - 2023
The Supreme Court recently clarified that the authorities can consider the application filed seeking permission to conduct the famous Sunburn Music Festival in Goa in December 2023, despite the pendency of the dispute relating to the payment of Comunidade charges by the organisers.
If permission is granted for the music festival, the Court further ordered, the organizers should pay the amount as demanded by the Comunidade by depositing the same with the Administrator of the Comunidade
Case Details: Tushar Gandhi v. State of Uttar Pradesh
Citation: Writ Petition (Criminal) No. 406 of 2023
In the latest development in the Muzaffarnagar student slapping case, the Supreme Court on Monday (November 6) questioned the necessity of a committee proposed to be constituted by the Uttar Pradesh government to facilitate the victim's admission to a private school. Coming down harshly on the education department, Justice Abhay S Oka asked, "Why do you have to appoint a committee for this as well? Please don't take such a stand that you want to appoint a committee. What will the committee do?"
Case Title: Fateh Mohit Whig v. Union Of India And Ors.
Citation- W.P.(C) No. 1218/2023 PIL-W
On November 6, 2023, the Supreme Court issued notice in a Public Interest Litigation (PIL) that urges the Bar Council of India (BCI) and State Bar Councils across the nation to collect comprehensive data on candidates who are Persons with Disabilities (PWD) regarding their specific disabilities.
Why Governors Act On Bills Only After State Govts Approach Courts? This Has To Stop : Supreme Court
Case Title: The State Of Punjab v Principal Secretary To The Governor Of Punjab
CItation: W.P.(C) No. 1224/2023
The Supreme Court on Monday(November 6) expressed anguish at the fact that State Governments are forced to approach the Courts seeking decisions by the Governors on the bills passed by the legislature.
The Court orally said that the trend of Governors acting on the bills only after the State Government approached the Court must stop
Cases: K.Ponmudi v. State SLP(Crl) No. 14197/2023, P.Visalatchi v. State
Citation: SLP(Crl) No. 14282/2023
The Supreme Court on Monday (November 6) refused to interfere with the Madras High Court's suo motu order re-opening the acquittal of Tamil Nadu Minister Ponmudi and his wife in a disproportionate assets case. Hailing Justice Anand Venkatesh of Madras High Court for passing the suo motu order, the Court refused to entertain the petitions filed by Ponmudi and his wife Visalatchi, clarifying that they will be at liberty to raise their contentions before the High Court
Case Details: Popular Front of India v. Union of India
Citation: Diary No. 26236 of 2023
The Supreme Court on Monday (November 6) dismissed a plea by the Popular Front of India (PFI) challenging a home ministry notification designating it and its affiliated organisations as 'unlawful associations' under the Unlawful Activities (Prevention) Act, 1967 since the now proscribed outfit did not approach a high court first. The court, however, granted PFI liberty to seek appropriate remedy by invoking the constitutional writ jurisdiction of the jurisdictional high court
Case Details: Prabir Purkayastha v. State
Citation: Diary No, 42896 of 2023
The Supreme Court on Monday (November 6) adjourned until after the Diwali break the hearing of the pleas by NewsClick founder and editor-in-chief Prabir Purkayastha and human resources head Amit Chakraborty challenging their recent arrest.
Case Title: Rohan Builders (India) Pvt Ltd v. Berger Paints India Limited
Citation: SLP(C) No. 23320 of 2023
The Supreme Court is set to examine an important issue related to the arbitration law that whether the mandate of the tribunal terminates upon the expiry of the time provided under Section 29A unless extended during its subsistence.
Case title: Tejashwi Prasad Yadav v. Hareshbhai Pranshankar Mehta
Citation: TP(Crl) No. 846/2023
The Supreme Court on Monday (November 6) issued notice on the petition filed by Tejashwi Yadav(Deputy Chief Minister of Bihar and RJD leader) seeking to transfer the criminal defamation complaint filed against him in Ahmedabad for his alleged "Gujarati hi thag hai ho sakta hai(only Gujaratis can be cheats)" remark to Delhi or any other "neutral venue".
Case Title: THE STATE OF TAMIL NADU vs. S.RAJA DESINGU
Citation: SLP(C) No. 24234-24265/2023
The State of Tamil Nadu on Monday (06.11.2023) agreed before the Supreme Court that it will allow the Rashtriya Swayamsevak Sangh (RSS) to hold marches in various districts across the state either on November 19th or 26th. The Court accordingly asked RSS to submit the proposed routes to the State authorities within three days and the State to take a decision on the routes by November 15th.
Case Title: Dr. Jaya Thakur v GoI And Ors.
Citation: WP(C) No. 1000/2022
On Monday (06.11.2023), the Union Government informed the Supreme Court that a draft National Policy on menstrual hygiene for supply and safe disposal of sanitary napkins in schools has been formulated. The Union requested four weeks to gather public opinions on the policy from the bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra.
Case Title: Fateh Mohit Whig v. Union Of India And Ors.
CItation: W.P.(C) No. 1218/2023 PIL-W
On November 6, 2023, the Supreme Court issued notice in a Public Interest Litigation (PIL) that urges the Bar Council of India (BCI) and State Bar Councils across the nation to collect comprehensive data on candidates who are Persons with Disabilities (PWD) regarding their specific disabilities
On Monday (November 6, 2023), the Supreme Court issued an order directing the formation of a committee for appointing two pro tem members to the Delhi Electricity Regulatory Commission (DERC). The order was passed by a bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra.
Case Title: Ajay Verma v. Union Of India And Ors
Citation: W.P.(Crl.) No. 536/2023 PIL-W
The Supreme Court today (06.11.2023) issued notice to the Union of India in a plea challenging the constitutionality of Section 437A of the Code of Criminal Procedure (CrPC). The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, whiling issuing notice, sought the assistance of the Attorney General for India (AG) R Venkatramani in the matter.
The committee was of the view that the method/mode of registration should be worked out by the states. If left unregulated, it would be technically and logistically challenging for the police. It would also be difficult to track and manage the multiple FIRs filed.
Case Title: Vishal Tiwari v. Union of India & Ors.
Citation: Writ Petition (Civil) No. 162 of 2023
An application has been filed in the Supreme Court seeking the initiation of contempt proceedings against the Securities and Exchange Board of India (SEBI) for not completing its investigation into the Adani-Hindenburg matter despite the timeframe fixed by the Court.
Attorney General of India R. Venkatramani, while speaking at the 9th VR Krishna Iyer Memorial Law Lecture organized by the Sarada Krishna Satgamaya Foundation for Law and Justice at the Kerala High Court yesterday, on the topic 'Perennial Values of Constitutional Law Discovered by Justice V.R. Krishna Iyer', remarked that Justice Iyer, whose worldview was deeply anchored in 'Liberty of all, and all for Liberty', regarded Constitution as an instrument of refining all power through the political process and Court as instrument of deliberation and social participation.
Justice VR Krishna Iyer Is Product Of Social & Cultural Milieu Of Kerala: Justice P S Narasimha
Supreme Court Judge Justice P.S. Narasimha remarked that eminent judge and jurist Justice V.R. Krishna Iyer transcended religion and region.
Justice Narasimha said that Justice Iyer had embarked on an elaborative discourse on the twin values of Fraternity and Dignity in his decisions. Justice Narasimha added that Justice Iyer had been considerably influenced by the social and cultural milieu of Kerala
Retired Supreme Court judge Justice KM Joseph on Saturday said that if Late Justice VR Krishna Iyer were alive today he would have reacted strongly to the disinvestment of public sector companies as he was a socialist at heart.
Justice Krishna Iyer was a socialist, humanist and truly secular, added Justice Joseph
In a recent interview with veteran journalist Nidhi Razdan, Senior Advocate and Rajya Sabha MP Kapil Sibal recently said that the electoral bonds scheme is perhaps the biggest scam in the history of the country and the whole purpose of the scheme is to enrich the ruling political party. He termed the scheme a subversion of democracy and the electoral system. He also said that elections could never be free or fair under a system of this kind
Special Background Or Connections Not Necessary To Succeed In Legal Profession: Justice Surya Kant
Justice Surya Kant, judge of the Supreme Court, speaking at an event at the Punjab & Haryana High Court, said that to succeed in the legal profession, special backgrounds and connections are not important.
"This is one platform where your hard work, commitment and patience ultimately allow you to win the professional and ultimately allow you to win race and create your space... I am firm believer that it is not necessary that you should come with a special background or special status to succeed in the profession," said the judge.
Whether Subsequent Change Of Law Can Be A Ground To Challenge Acquittal: Supreme Court To Decide
Case Details: HYDER v. STATE OF KERALA
Citation: Diary No.- 39255 - 2023
The Supreme Court is set to examine whether a subsequent change in law can be a ground for condoning delay or to disturb the acquittal finding.
The Parliamentary Standing Committee has expressed certain concerns with the provision in the Bharatiya Nagarik Suraksha Sanhita Bill (BNSS) which allows police custody after the first fifteen days of remand
Case Title: GANESHKUMAR RAJESHWARRAO SELUKAR & ORS. v. MAHENDRA BHASKAR LIMAYE
Citation: Diary No(s). 45299/2023
The Supreme Court has admitted a special leave petition filed against the judgment of the Bombay High Court(Nagpur Bench) which struck down Rule 6(1) of the Consumer Protection((Qualification for Appointment, method of recruitment, procedure for appointment, term of office, resignation and removal of the President and members of the State Commission and District Commission) Rules, 2020.
Chief Justice of India DY Chandrachud has stressed the role of the judiciary in not only ensuring social stability but also fostering a culture of tolerance and inclusion. Courts, he said, played the vital function of promoting dialogue and reason in society. Even when the dialogue that begins in the courtroom does not result in the constitutional and legal relief sought by citizens, it is not the end of the process since it results in space being created in society to “take the dialogue forward”.
Criminalise Adultery In Gender Neutral Manner In New Penal Code, Recommends Parliamentary Panel
The Parliamentary Standing Committee on Home Affairs has recommended that the offence of adultery be retained in the Bharatiya Nyaya Sanhita, the new bill which was introduced by the Union Government seeking to replace the Indian Penal Code.
Bharatiya Nyaya Sanhita A 'Copy-Paste' Of Indian Penal Code, 'Wasteful Exercise' : P Chidambaram
The three Bills introduced by the Union Government to replace the Indian Penal Code i "largely a copy and paste of existing laws", said Member of Parliament and Senior Advocate P Chidambaram in his dissent note submitted to the Parliamentary Standing Committee on Home Affairs.
He said the enactment of these three Bills will be a "wasteful exercise that will have many undesirable consequences."
The Bharatiya Sakshya Bill and the Bharatiya Nagarik Suraksha Sanhita - which are introduced by the Union Government to replace the Indian Evidence Act and the Code of Criminal Procedure - has no provision to safeguard the authenticity and integrity of digital evidence, observed the Department-related Parliamentary Standing Committee on Home Affairs.
During a recent conversation at Harvard Law School, Chief Justice DY Chandrachud responded to a question about the appointment of Justice Victoria Gowri to the Madras High Court, which became controversial as she was facing accusations of making hate speeches against religious minorities. The audience member raised concerns about the collegium not withdrawing the recommendation despite lawyers raising complaints against her public statements.
The Chief Guest's Address was delivered by Justice Dipankar Datta, Judge of the Supreme Court of India, who remembered Nani Palkhivala as one of the 'foremost thinkers of modern India.
On the relationship between parliamentary supremacy and the basic structure doctrine, Justice Datta pointed out, "No one would accept, with grace, the curtailment of power of the institution to which they belong. As Frederick Douglas had said, power concedes nothing without a demand, it never did, and it never will. Lawmakers must realise that they cannot fundamentally alter the tenets of the Constitution. Articles 141 and 144 must be followed. As Nani Palkhivala would have placed it, the Constitution is not a jellyfish, it cannot lose its identity in the process of amendment.
In a commemorative event marking the centenary of Dr. B.R. Ambedkar's law practice, Chief Justice of India DY Chandrachud pointed out the challenges faced by individuals from marginalized backgrounds in the legal profession.
“They don't have social, or cultural capital or access to resources. Example- Coaching centres", he said. Pointing out that people from marginalised backgrounds are not conversant in English, CJI DY Chandrachud referred to the Common Law Admission Tests, which are entirely conducted in English.
"Our CLAT examination, which is the bedrock for entering the legal profession, is entirely conducted in English. Now, with the very fact that the medium of examination is in English, we are making our profession urban-centric and wholly and completely biased against those who come from rural or marginalised backgrounds" he said.
In a tribute to the Chief Architect of the Constitution of India, President Droupadi Murmu unveiled a statue of Dr. BR Ambedkar on the premises of the Supreme Court on the Constitution Day.
Chief Justice of India DY Chandrachud, and Union Law Minister Arjun Ram Meghwal were also present during the ceremony.
The majestic 7-foot-tall statue, positioned on the front lawn and garden within the Supreme Court premises, captures Dr. Ambedkar adorned in a lawyer's gown, holding a copy of the Constitution in his hand.
All India Judicial Service Can Select Brilliant Youngsters For Judiciary: President Draupadi Murmu
In the inaugural session of Constitution Day celebrations at the Supreme Court, President Droupadi Murmu put forth a proposal for the establishment of an All India Judicial Service examination. She envisioned a mechanism that would identify and nurture talented individuals from the legal fraternity to become judges.
The President expressed her desire to support young, talented, and loyal individuals and stated that since there was an All India examination to become IAS and IPS officers, the same opportunity should be extended to those aspiring to serve in the judiciary.
On the occasion of India’s 75th Constitution Day, Chief Justice of India DY Chandrachud on Sunday (November 26) assured that the doors of the Supreme Court are and will always remain open for citizens to ventilate their grievances. He also insisted that individuals should not be afraid of going to court or view it as a last resort, expressing the hope that owing to the efforts to make the judicial infrastructure more 'citizen-centric', citizens of all classes, castes, and creeds can repose their trust in the court system and view it as a "fair and effective forum to enforce their rights".
Case Title: Vishal Tiwari v. Union of India & Ors.
Citation: Writ Petition (Civil) No. 162 of 2023
The Supreme Court on Friday (November 24) reserved its judgment in a batch of Public Interest Litigations (PILs) seeking a Court-monitored investigation into the allegations made by US-based short-selling firm Hindenburg Research against the Adani group of companies regarding violations of stock market regulations.
Case Title: State Of Kerala v Honble Governor For State Of Kerala And Ors.
Citation: W.P.(C) No. 1264/2023
The Supreme Court on Friday asked Kerala Governor Arif Mohammed Khan to refer to the recent judgment passed in the case related to the Punjab Governor's inaction on bills and adjourned the hearing of the petition filed by the State of Kerala till next Tuesday (November 28).
Case Title: Vishal Tiwari v. Union of India & Ors.
Citation: Writ Petition (Civil) No. 162 of 2023
During the hearing of the Adani-Hindenburg matter, the Supreme Court on Friday (November 24) expressed disapproval of the allegations made by a petitioner against the impartiality of the members of the Expert Committee constituted by the Court.
Chief Justice of India DY Chandrachud, the presiding judge of the bench, went to the extent of terming the allegations "unfair" and told Advocate Prashant Bhushan that such statements should be made with a sense of responsibility.
Case Title: Dhananjay Pratap Singh v. Mukesh Kumar Agarwal
Citation: Diary No.- 41082 - 2023
The Supreme Court on Friday refused to entertain a petition filed by the editor and publisher of Patrika Daily Newspaper against a judgment of the Madhya Pradesh High Court holding them guilty of contempt of court for a report published in 2012 leveling allegations against judges.
Case Title: Government Of NCT Of Delhi v Union Of India And Ors
Citation: W.P.(C) No. 1268/2023
The Supreme Court on Friday (24.11.2023) recommended a unique solution to solve the tug of war between the Delhi Lieutenant Governor (LG) and the Delhi Government over the appointment of Delhi’s Chief Secretary.
The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra suggested that the Delhi LG and the Union Government could propose a panel of names for the post of Chief Secretary and the Delhi Government could choose one name from the panel.
Case title: Ashutosh Bansal v. Union of India
Citation: Writ Petition(C) No. 872 of 2022
The Supreme Court recently closed a petition concerning the Lumpy Skin Disease (LSD) epidemic among cattle, deeming the measures taken by the Union and States satisfactory in preventing and addressing the outbreak.
Chief Justice of India DY Chandrachud, while delivering the keynote address on “Identity, the Individual and the State: New Paths to Liberty,” said that lack of State intervention allowed socially dominant groups to oppress historically marginalized sections.
“Traditionally, liberty has been understood as an absence of State interference in a person’s right to make choices. However, contemporary scholars have come to the conclusion that the role of the State in perpetuating social prejudices cannot be ignored. In effect, where State does not intervene it automatically allows communities with social and economic capital to exercise dominance over communities who have been historically marginalized.”
Lawyer Utkarsh Saxena and his partner Ananya Koti have filed a review petition in the Supreme Court against the judgment in Supriyo v. Union of India which refused to legalise same-sex marriages. They were petitioners in the case that was decided on 17.10.2023 by a 5 judge bench.
"..by refusing to grant queer couples access, on equal terms, to one of the most significant social institutions in our society - both intrinsically, and as a gateway to other crucial rights - the Court resiles from the promises of equal moral membership that it made to queer individuals in Navtej Johar vs Union of India, and entrenches once again a doctrine of 'separate and unequal' ", the most recent review petition states.
Case Title: All India Judges Association v. UoI And Ors.
Citation: WP(C) No. 643/2015
The Supreme Court today (23.11.2023) gave the Chief Secretaries of defaulting States and Union Territories a "final chance" to comply with its order in All India Judges Association v. Union of India matter, in which the Apex Court had provided a timeline for the Center and the States to pay retired judicial officers pension as per the enhanced pay scale as recommended by the Second National Judicial Pay Commission (SNJPC).
Case Details: Directorate of Enforcement v. M/s Obulapuram Mining Company Private Limited
Citation: Criminal Appeal No. 1269 of 2017
The Supreme Court on Thursday (November 23) dissolved the bench constituted to consider a batch of applications seeking reconsideration of its Vijay Madanlal Choudhary ruling, which upheld the powers of the Directorate of Enforcement (ED).
After the union government sought more time, the special bench comprising Justices Sanjay Kishan Kaul, Sanjiv Khanna, and Bela M Trivedi decided to defer the hearing, in view of the retirement of Justice Kaul next month. The bench requested the Chief Justice of India to constitute another bench to hear the matter. The next posting will be after two months
The Supreme Court today (23.11.2023) noted that the issue of whether the payment of pensions to judicial officers purely on basis of contribution pension scheme would be consistent with norms of financial dignity did merit consideration.
The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra was passing an order in All India Judges Association v. Union of India, in which the Apex Court had provided a timeline for the Center and the States to pay retired judicial officers pension as per the enhanced pay scale as recommended by the Second National Judicial Pay Commission (SNJPC).
Case Title: Satyendar Kumar Jain v. Directorate of Enforcement
Citation: Special Leave Petition (Criminal) No. 6561 of 2023
The Supreme Court on Friday (November 24) adjourned the hearing of Satyendar Jain's bail plea until Monday, December 4. However, it agreed to extend the interim bail granted earlier this year to the Aam Aadmi Party (AAP) leader until the next date of hearing.
Supreme Court Grants Anticipatory Bail To Law Students Accused Of Injuring Two Advocates
Case Title: MIR SHUJATH ALI KHAN ETC. vs. THE STATE OF TELANGANA
Citation: Diary No.- 43095 - 2023
The Supreme Court recently (on November 22) granted anticipatory bail to law students who were accused of injuring two advocates inside their chamber.
Earlier, the students had filed the plea seeking anticipatory bail before the Hyderabad bench of Telangana High Court. However, the Court, after taking note of the fact that the accused persons had trespassed into the advocates’ office and assaulted both the advocates, dismissed the petition.
Supreme Court Judge Justice Sanjiv Khanna observed that the Enforcement Directorate cannot invoke the Prevention of Money Laundering Act (PMLA) against an accused citing Section 120B of the Indian Penal Code (which deals with the offence of criminal conspiracy), if the alleged conspiracy is not related to a scheduled offence under the PMLA
Case Title: M/S. BAJAJ ALLIANCE GENERAL INSURANCE CO.LTD. v. RAMBHA DEVI Citation: Civil Appeal No(s).841/2018.
A Supreme Court Constitution Bench today (22.11.2023) directed that the decision in its 2017 judgment of Mukund Dewangan v. Oriental Insurance Company Limited will continue to hold field during the pendency of reference on the issue related to "Light Motor Vehicle" (LMV) driving license requirements for transport vehicles.
Senior Advocate Kapil Sibal on Wednesday (November 22) urged the Supreme Court to refer to a larger bench to reconsider its Vijay Madanlal Choudhary ruling, which is known for bolstering the powers of the Directorate of Enforcement (ED). Raising concerns about the wide-ranging powers of the central agency, the senior counsel said –
“The issues involved are very serious and affect the right to liberty. The judgment in ADM Jabalpur was set aside after 40 years. AK Gopalan was set aside in Minerva Mills after many years. Judgments are set aside because new paradigms emerge, and the court has to think of the consequences of those paradigms in the context of our Constitution and the liberty of the people.”
Case Title: In Re: Framing Guidelines Regarding Potential Mitigating Circumstances To Be Considered While Imposing Death Sentence
Citation: SMW(Crl) No. 1/2022 PIL-W
The Supreme Court today (22.11.2023) decided to list in January 2024 the petitions pertaining to whether same-day sentencing could be permissible in the cases of capital punishment or the death penalty. The bench led by CJI DY Chandrachud stated that the registry shall notify the exact date of hearing in the matter in January 2024.
In a panel discussion on the future of marriage equality in India organised by Caucus, a discussion forum of the Hindu College, Senior Advocate (Retd Justice) S Muralidhar stated that the recent judgement in Supriyo v Union of India was a first step in the larger process. He added that the Central Government could have been directed to come out with a Committee Report on the issue of marriage equality in a time bound manner.
Case title: Nanhe v. State of UP
Citation: CRIMINAL APPEAL NO. 2791 OF 2023
The Supreme Court recently upheld the conviction of a convict for the offence of murder under Section 302 of the Indian Penal Code (IPC) after carefully considering the impact of intoxication on him at the time of the incident. The Court noted that despite being heavily intoxicated, the appellant was able to walk properly and even moved away 15-20 steps from the quarrel scene before returning to fire the fatal shot. The court concluded that there was no evidence indicating the appellant’s incapacity to understand the consequences of his actions due to intoxication.
Marriage Equality Petitioners Seek Open Court Hearing Of Review Petition; CJI Agrees To Consider
In another development in the pleas concerning marriage equality in India, the petitioners who recently filed a review petition against the Constitution Bench judgement of the Supreme Court which refused to grant legal recognition for queer marriages in India, sought for an open court hearing of the review pleas.
Case Title: Sunil Kumar Kaushal V. Chief Manager
Citation: Petition for Special Leave to Appeal (C) No. 25434/2023
The Supreme Court is set to examine whether while returning money deposited by the highest bidder, in an auction sale conducted by the bank, the rate of interest should match with the rate that the bank is charging from the borrower.
Case Title: TELECOM REGULATORY AUTHORITY OF INDIA v. ADITYA THACKERAY
Citation: Diary No.- 34554 - 2012
Recently, the Supreme Court (on November 22), directed the filing of relevant regulations in an appeal against the telecom appellate tribunal’s 2012 decision quashing the cap of 200 text messages per day.
India’s First Female Supreme Court Judge Justice Fathima Beevi Passes Away
Justice M. Fathima Beevi, the first female Judge to be appointed to the Supreme Court of India, passed away today at the age of 96.
In her long and decorated career, (Late) Justice Beevi served as a role model and icon for women across the country, and she even left her mark on the political arena by being appointed as the Governor of Tamil Nadu after her superannuation as Supreme Court judge.
Case Title: INDIAN MEDICAL ASSOCIATION v. UNION OF INDIA
Citation: W.P.(C) No. 000645 - / 2022
The Supreme Court on Tuesday (November 21) reprimanded the Patanjali Ayurved for continuing to publish misleading claims and advertisements against modern systems of medicine.
“All such false and misleading advertisements of Patanjali Ayurved have to stop immediately. The Court will take any such infraction very seriously, and the Court will also consider imposing costs to the extent of Rs. 1 crores on every product regarding which a false claim is made that it can “cure” a particular disease,” Justice Amanullah orally said.
Delhi Pollution: Supreme Court Suggests Excluding Farmers Burning Stubble From Minimum Support Price
Case Details: MC Mehta v. Union of India & Ors.
Citation: Writ Petition (Civil) No. 13029 of 1985
The Supreme Court on Tuesday (November 21) suggested excluding farmers burning their stubble from the purview of the minimum support price (MSP) infrastructure, as a part of a carrot-and-stick policy to disincentivize stubble burning in Punjab and other states adjacent to Delhi.
It also recommended completely subsidizing baling machines for poor farmers and financing their operating costs to convert stubble into a useful byproduct that could then be sold for a profit by the state government
The Supreme Court recently held that the place where the wife lives and seeks shelter after leaving her husband’s home due to cruelty will have jurisdiction to entertain complaints under Section 498-A, depending on the factual situation.
Case Title: National Investigation Agency New Delhi v The State Of Chhattisgarh
Citation: SLP(Crl) No. 7024/2022
The Supreme Court on Tuesday (21.11.2023) refused to entertain an appeal filed by the National Investigation Agency (NIA) challenging a fresh FIR registered, in 2020, by the Chhattisgarh police to probe the allegations of larger political conspiracy behind a Maoist attack that had killed several senior Congress leaders in Bastar in 2013.
Case Title: SALES TAX BAR ASSOCIATION (REGD.) v. UNION OF INDIA
Citation: WRIT PETITION (CIVIL) Diary No(s). 40083/2023
Recently, the Supreme Court has issued notice in a writ petition challenging the constitutional validity of Sections 149 and 150 of the Finance Act, 2023 that seek to substitute Sections 109 and 110 of the Central Goods and Services Tax Act, 2017 (CGST Act). These provisions relate to the appointments and conditions of service of members to the Appellate Tribunal under the CGST Act.
Case title: Tarun Kumar v. Assistant Director Directorate of Enforcement
Citation: CRIMINAL APPEAL NO. OF 2023 (@ SLP (Crl.) No. 9431 of 2023)
"When the detention of the accused is continued by the Court, the courts are also expected to conclude the trials within a reasonable time, further ensuring the right of speedy trial guaranteed by Article 21 of the Constitution," said the Supreme Court while rejecting the bail application in a money laundering case.
Case Title: The Temple of Healing v. Union of India
Citation: WP(C) 1003/2021
The Supreme Court on Monday (20.11.2023) directed the Secretary in charge of nodal departments responsible for the implementation of the Juvenile Justice (JJ) Act in all States to carry out bi-monthly identification drives to identify children who were orphaned, abandoned, or surrendered so that such children could enter the loop of adoption in India. It was stated that the first of these identification drives should be carried out on December 7, 2023.
Case title: Tarun Kumar v. Assistant Director Directorate of Enforcement
Citation: CRIMINAL APPEAL NO. OF 2023 (@ SLP (Crl.) No. 9431 of 2023)
In a recent judgment, the Supreme Court dismissed the appellant's plea for bail on the grounds of parity with other co-accused who had been granted bail in a money laundering case. The Court emphatically stated that the principle of parity is not an absolute law but depends on individual circumstances and roles in the alleged offense.
The Supreme Court on Tuesday (November 21) pulled up the Delhi Government for not fulfilling its assurance to allocate funds for the Regional Rapid Rail Transit System Project.
Expressing great disappointment with the stand of the Delhi Government, the Court passed an order to transfer the advertisement funds of the Government for the project.However, the Court kept the order in abeyance for one week, stating that it would come into operation if the Government did not voluntarily transfer the funds for the project within a week.
The Supreme Court on Monday (November 20) questioned the delay on the part of the Tamil Nadu Governor in disposing of the bills submitted for his assent since January 2020.
The bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra noted that the Governor decided to "withhold" assent on ten bills, only after the Court issued notice on the writ petition filed by the Tamil Nadu Government on November 10. It may be noted that while issuing notice, the Court had observed that the Governor's inaction was a "matter of serious concern"
Case Title: The State Of Kerala And Anr. v Honble Governor For State Of Kerala
Citation: W.P.(C) No. 1264/2023
The Supreme Court on Monday (20.11.2023) issued notice on the plea filed by the Government of Kerala alleging that the Governor of Kerala, Arif Mohammed Khan, was delaying the consideration of bills that the State Assembly had passed.
The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra also sought for the assistance of Attorney General R Venkatramani and Solicitor General Tushar Mehta in the matter. The plea will now be heard on Friday (24.11.2023)
Case Title: Advocates Association Bengaluru v. Barun Mitra & Anr
Citation: Contempt Petition (Civil) No. 867 of 2021 in Transfer Petition (Civil) No. 2419 of 2019
The Supreme Court on Monday (November 20) questioned the central government over its delay in notifying the transfer of certain judges, most of them from the Gujarat High Court, even as it cleared the collegium's recommendation to transfer judges from other high courts.
Case Title: THE STATE OF TAMIL NADU vs. S.RAJA DESINGU
Citation: SLP(C) No. 24234-24265/2023
The Supreme Court on Monday (20.11.2023), directed the State of Tamil Nadu to submit a proposal to the Madras High Court on how it will ensure that the Rashtriya Swayamsevak Sangh (RSS) will be permitted to conduct route marches in the state in the future without seeking the intervention of the court.
Case Details: Sanjay Singh v. Union of India & Anr
Citation: Special Leave Petition (Criminal) No. 14510 of 2023
The Supreme Court on Monday (November 20) issued notice in a plea by Aam Aadmi Party (AAP) MP Sanjay Singh, challenging his arrest and remand on charges of money laundering over alleged irregularities in the framing and implementation of a now-scrapped liquor policy in Delhi. Singh has been in custody since last month, when he was arrested by the Enforcement Directorate (ED).
Case Title: Shaheen Abdullah v. Union of India & Ors
Citation: Interlocutory Application No. 149401 of 2023 in Writ Petition (Civil) No. 940 of 2022
The Centre has informed the Supreme Court that 28 states have appointed nodal officers in terms of directions in the 'Tehseen Poonawalla' guidelines in which the Court had issued guidelines to prevent mob violence and lynching. The status report was filed by the Centre in a batch of petitions seeking directions to prevent/curb hate speech.
Case title: Rajive Raturi Versus Union Of India And Others
Citation: W.P.(C) No. 000243 / 2005
In a Public Interest Litigation (PIL) seeking to make public buildings accessible for the disabled, the Supreme Court directed the Centre for Disability Studies, NALSAR University of Law to make a report on steps to be taken to make public buildings and spaces fully accessible to persons with disabilities
Case title: Vinamr Athavle v. UOI
Citation: WP(C)1315/2023
On November 29, the Supreme Court issued notice on a writ petition seeking relaxation in eligibility criteria for the JEE Mains Exam 2024 for an Overseas Citizen of India (OCI) candidate. The Court allowed the petitioner to add the JEE Apex Body (JAB) as a respondent in the case.
Case : RAJANTI DEVI @ RAJANTI KUMARI v. THE UNION OF INDIA
“We are extremely surprised as to how the order on the petition seeking anticipatory bail could be kept pending for one year.,” stated the Supreme Court bench comprising Justices Bela M. Trivedi and Satish Chandra Sharma.
Case Title: All India Judges Association v Union Of India And Ors.
Citation: W.P.(C) No. 643/2015
While pronouncing an order in All India Judges Association v. Union of India, the Supreme Court today (30.11.2023) underscored the importance of ensuring dignified working conditions for judicial officers, both during their tenure and post-retirement.
“We are also here for the betterment of our profession and through the betterment of our profession to serve the cause of justice and to ensure that the other side of the profession, the judges who are duty-bound to act in aid of justice, continue to do so, you have to not merely protect your judges, but you have to hold them to account as well”- he said.
Case title: Gunratan Niwartirao Sadvarte v. Bar Council of India
Citation: W.P.(C) No. 923/2019
“We are of the opinion that the petitioner should approach the jurisdictional HC of his choice by way of a writ petition under Art. 226 of the Constitution rather than approaching this court as the first instance under Art. 32. Accordingly, we exercise discretion not to entertain this writ petition with liberty to petitioner to approach jurisdictional HC," the bench ordered.
Case Title: The State Of Maharashtra v National Green Tribunal
Citation: Diary No. 44889-2023
The Supreme Court on Tuesday (28.11.2023) stayed the order of the National Green Tribunal (NGT) which had in 2022, directed the State of Maharashtra to deposit a cost of Rs 12,000 crore in a 'ring fenced account' for failure to treat solid and liquid waste generated in the state.
Case Title: Dinganglung Gangmei v Mutum Churamani Meetei And Ors.
Citation: Diary No. 19206-2023
The Supreme Court on Tuesday (28.11.2023) directed the Solicitor General of India Tushar Mehta and Advocate General of Manipur to consider a plea for relocating 284 students affected by the Manipur violence to different Central Universities where they could continue their studies.
Case Title: The State Of Kerala And Anr. v Honble Governor For State Of Kerala And Ors. Citation: W.P.(C) No. 1264/2023
The Supreme Court on Wednesday, (November 29) criticised the conduct of the Kerala Governor Arif Mohammed Khan in sitting over the bills passed by the Kerala State Legislative Assembly for two years.
"No reason has been given by the Governor to keep the bills pending", observed the bench led by Chief Justice of India DY Chandrachud in the order.
The Supreme Court adjourned the hearing of former JNU scholar Umar Khalid's bail application in the Delhi riots larger conspiracy case on Wednesday (November 29), based on a joint request by both sides.
Case Title: The Director Of Vigilance And Anticorruption v Edappadi Palaniswamy And Anr. Citation: SLP(Crl) No. 11315/2023
The Director Of Vigilance And Anti Corruption (DVAC) of Tamil Nadu has objected to the listing of a matter before a bench led by Justice Bela M. Trivedi stating that it was earlier listed before a bench headed by Justice Aniruddha Bose.
The Supreme Court on Wednesday (November 29) allowed the Union Government to extend by six months the term of the Chief Secretary of the Government of the National Capital Territory of Delhi, Naresh Kumar, who is otherwise due to retire tomorrow.
Case: Ashwini Kumar Upadhyay v. Union of India
Citation: W.P.(C) No. 943/2021
While considering a batch of petitions seeking to curb hate speeches, the Supreme Court on Wednesday (November 29) clarified that it will not deal with individual cases of violations.
Clarifying that it intends to lay down an "infrastructure or mechanism" in place to deal with hate speech cases, the Court said that individual cases have to be dealt with by the jurisdictional courts.
Case: Ashwini Kumar Upadhyay v. Union of India
Citation: W.P.(C) No. 943/2021
While hearing a batch of petitions to curb hate speeches, the Supreme Court issued notice to the States of Gujarat, Kerala, Tamil Nadu, and Nagaland to determine if they have appointed nodal officers in terms of the 2018 judgment in the Tehseen Poonawalla case to deal with hate crimes and mob violence.
Supreme Court Rejects Plea To Allow Use Of Gujarati As Additional Language In Gujarat High Court
Case Title: ROHIT JAYANTILAL PATEL vs. STATE OF GUJARAT
Today, on November 28, the Supreme Court declined to consider a petition advocating for Gujarati to be recognized as an additional language for court hearings in the Gujarat High Court.
The Supreme Court on Tuesday (November 28) warned the Delhi government that it had to completely comply with its assurance of allocating funds for the Regional Rapid Transit System (RRTS) project. On being informed that only a portion of the funds had been disbursed, the court said, "There can be no question of partial compliance. Complete compliance must take place.
On Tuesday, November 28, the Supreme Court issued directives regarding the burial or cremation of bodies of tribals who perished in the state's ethnic violence. A committee appointed by the Supreme Court reported that among the 175 bodies in mortuaries, 169 were identified, with 81 claimed and 88 unclaimed. The Manipur government designated nine sites for burial or cremation
Supreme Court Issues Notice On Andhra Pradesh CID's Plea Against N Chandrababu Naidu's Regular Bail
Case Details: Nara Chandrababu Naidu v. State of Andhra Pradesh & Anr
Citation: Special Leave Petition (Criminal) No. 15099 of 2023
The Supreme Court on Tuesday (November 28) issued notice in a plea by the State of Andhra Pradesh challenging the regular bail granted to N Chandrababu Naidu, Telugu Desam Party (TDP) supremo and former chief minister of the state, in the skill development scam case.
Case Title: Government Of NCT Of Delhi v Union Of India And Ors.
Citation: W.P.(C) No. 1268/2023
The Supreme Court on Tuesday (28.11.2023) asked to the Central Government if it was stuck on one person as the Chief Secretary to the Delhi Government. This was after the Centre submitted that it was planning to extend the tenure of the current Delhi Chief Secretary Naresh Kumar(who is due to retire on November 30).
Case title: Ad Hoc Committee Wrestling Federation Of India v Haryana Wrestling Association
Citation: SLP(C) No. 22728-22730/2023
In a significant development, the Supreme Court today overturned the stay imposed by the Punjab and Haryana High Court on the elections to the Executive Council of the Wrestling Federation of India (WFI). The Court expressed strong reservations about the High Court passing an interim order and staying the elections. It expressed its unequivocal stance that elections should never be stayed.
Case title: State Of Tamil Nadu v The State Of Kerala
Citation: Orgnl. Suit No. 4/2014
In a dispute between the States of Kerala and Tamil Nadu, the Supreme Court today(Nov. 28) directed a survey by the Survey of India to determine the extent of a property covered by the Periyar Lake Lease Agreement dated 29th Oct 1886. The survey aims to ascertain whether the construction of a mega car park by the State of Kerala has encroached upon any part of the said property
