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Supreme Court Monthly Round-Up: May 2024
Gyanvi Khanna
12 Jun 2024 2:34 PM IST
Here's a comprehensive overview of the Supreme Court of India proceedings during April 2024. This monthly digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the month of May, providing a succinct overview.Orders/ Judgments S.138 NI Act | Courts Can't Compel Complainant To Give Consent For Compounding,...
Here's a comprehensive overview of the Supreme Court of India proceedings during April 2024. This monthly digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the month of May, providing a succinct overview.
Orders/ Judgments
Case Title: RAJ REDDY KALLEM Versus THE STATE OF HARYANA & ANR
Coram: Justices AS Bopanna and Sudhanshu Dhulia
Recently, the Supreme Court observed that the Courts cannot compel the complainant in a cheque dishonour case to give consent for the compounding of the complaint merely because the accused has compensated the complainant.
Case Title: LIFE INSURANCE CORPORATION OF INDIA VERSUS THE STATE OF RAJASTHAN AND ORS., CIVIL APPEAL NO. 3391 OF 2011
Coram: Justices PS Narasimha and Aravind Kumar
The Supreme Court dismissed the appeals filed by the Life Insurance Corporation (LIC) against the demand of stamp duty of approximately Rs 1.19 crores raised by the State of Rajasthan. The Court upheld the legislative competence of the State to levy stamp duty on insurance policies executed within the State subject to the rates determined by the Central legislation.
The Supreme Court's Registrar refused to receive the application filed by the Union Government seeking clarification of the 2012 judgment in the 2G Spectrum case. The Government sought a clarification that the verdict does not bar the allocation of spectrum through means other than public auction in certain situations.
Case Title: Sharif Ahmed and others vs State of Uttar Pradesh, VAKIL AHMAD & ORS. VERSUS STATE OF UTTAR PRADESH THROUGH SECRETARY, DEPARTMENT OF HOME & ANR.
Coram: Justices Sanjiv Khanna and SVN Bhatti
Taking note of the importance of the submission of a charge sheet to take cognizance of an offence by a magistrate, the Supreme Court observed that the charge sheet must contain clear and complete entries of all columns to enable the court to understand which crime has been committed by which accused and what is the material evidence available on the file.
Case Title: Sharif Ahmed and others vs State of Uttar Pradesh, VAKIL AHMAD & ORS. VERSUS STATE OF UTTAR PRADESH THROUGH SECRETARY, DEPARTMENT OF HOME & ANR.
Coram: Justices Sanjiv Khanna and SVN Bhatti
The Supreme Court, in a judgment delivered on May 1, cautioned against the routine issuance of non-bailable warrants. The Court said that non-bailalble warrants not be issued unless the accused is charged with a heinous crime, and is likely to evade the process of law or tamper/destroy evidence.
Case Title: FERTILIZER CORPORATION OF INDIA LTD. vs. M/S. COROMANDAL SACKS PRIVATE LIMITED, CIVIL APPEAL NOS. 5366-5367 OF 2024
Coram: Justices JB Pardiwala and Sandeep Mehta
If the recovery proceedings against the Sick Company do not pose a threat to its properties or have adversely impacted the scheme of the revival of the Sick Company, then there wouldn't be a bar for filing a suit for the recovery of the dues against the Sick Company, observed the Supreme Court.
Case : Munish Kumar Gupta v. M/s Mittal Trading Company
The Supreme Court recently set aside a judgment of the High Court which allowed a complainant in a cheque dishonour case to amend the date of the cheque mentioned in the complaint.
The Supreme Court noted that the amendment application was moved after the evidence stage was over. Here, the date of the cheque was mentioned as 22.07.2010 in the complaint. The same date was mentioned in the legal notice which was issued after the dishonour of the cheque. Also, in the evidence as well, the very same date was mentioned.
S.205 CrPC | Court Can Exempt Accused From Personal Appearance Before Grant Of Bail : Supreme Court
Case Title: Sharif Ahmed and others vs State of Uttar Pradesh, VAKIL AHMAD & ORS. VERSUS STATE OF UTTAR PRADESH THROUGH SECRETARY, DEPARTMENT OF HOME & ANR.
Coram: Justices Sanjiv Khanna and SVN Bhatti
The Supreme Court observed that even before the grant of bail, the accused can be exempted from showing his personal appearance before the court.
Case : Sanuj Bansal v State of UP
Coram: Justices Abhay S Oka and Ujjal Bhuyan
The Supreme Court has expressed prima facie disapproval of the inclusion of statements of the accused, which are recorded during the investigation, in the chargesheet. Some of those statements are in the nature of alleged confessional statements, the Court noted.
JJ Act | Plea Of Juvenility Can Be Raised At Any Stage Even After Disposal Of Case : Supreme Court
Case Title: RAHUL KUMAR YADAV VS. THE STATE OF BIHAR
Coram: Justices BR Gavai and Sandeep Mehta
Observing that the plea of juvenility of the accused may be raised before any court at any stage, even after final disposal of the case, the Supreme Court held that such a plea of juvenility couldn't be rejected without conducting a proper inquiry.
Case Title : The State of Kerala v. Shyam Balakrishnan and others |Petition(s) for Special Leave to Appeal (C) No(s). 20765/2019
Coram: Justices Sudhanshu Dhulia and PB Varale
The Supreme Court has dismissed the Special Leave Petition filed by the State of Kerala challenging a 2019 judgment of the Kerala High Court which directed the State to grant Rs.1 lakh compensation to a man who was illegally detained by the police on suspicion of being a Maoist.
Bhima Koregaon Case| Hany Babu Withdraws Bail Petition In Supreme Court
Case Title: Hany Babu v. National Investigation Agency | Diary No. 35415 of 2023
Coram: Justices Bela Trivedi and Pankaj Mithal.
Hany Babu, a former Delhi University Professor, on Friday (May 3) withdrew his petition in the Supreme Court seeking bail in the Bhima Koregaon case over alleged Maoist links.
Case Title: The State of Punjab v. Union Territory of Chandigarh and Ors., Diary No. 19643-2024
Coram: Justices Sanjiv Khanna and Dipankar Datta
The Supreme Court stayed the order passed by the Punjab and Haryana High Court for the opening of the road to Punjab Chief Minister's house on experimental basis from May 1. The road in front of the CM's residence was blocked for security purposes during the Khalistani terrorism of the 1980s.
Supreme Court Refuses To Entertain PIL To Bar Namesake Candidates From Elections
Case Details: SABU STEEPHEN v. ELECTION COMMISSION OF INDIA., W.P.(C) No. 275/2024 PIL-W
The Supreme Court dismissed as withdrawn a Public Interest Litigation seeking directions to bar namesake/duplicate candidates who deliberately contest elections as independent candidates to ruin the chances of other candidates.
Case : Ireo Grace Realtech Pvt Ltd vs Sanjay Gopinath, C.A. No. 2764-2771/2022
Coram: Justices Hima Kohli and Ahsanuddin Amanullah
The Supreme Court issued contempt notice to two members of the National Consumer Dispute Redressal Commission (NCDRC) for issuing non-bailable warrants ignoring an interim order passed by the Supreme Court.
Coram: Justices B.R Gavai, Satish Chandra Sharma, and Sandeep Mehta
Case Status: THE STATE OF PUNJAB AND ORS. Versus ARRIVE SAFE SOCEITY AND ORS., 2 SLP(C) No. 10429/2024
The Supreme Court issued notice in a petition filed by the State of Punjab against the Punjab & Haryana High Court's recent order which asked the State and the Union Territory of the Chandigarh to clear the protesters blocking the Mohali -Chandigarh road demanding the release of Sikh political prisoners.
Case Title: Deependra Yadav and others Versus State of Madhya Pradesh and others
Coram: Justices C.T. Ravikumar and Sanjay Kumar
In a recent decision, the Supreme Court observed that if the meritorious candidates from the reserved category had not availed any reservation benefit/relaxation, then such reserved category candidates would be treated at par with unreserved/general category candidates on the strength of their marks.
Case Details : STATE OF RAJASTHAN AND ORS. Versus ANISUR RAHMAN SLP(C) No. 9563/2024
The Supreme Court issued notice on a petition filed by the State of Rajasthan against the Rajasthan High Court order directing grant of enhanced superannuation for Ayurvedic Doctors at parity with Allopathic ones.
The Court was of the view that while Ayurvedic Doctors were contributing immensely to society, the directions of reinstating retired doctors may impinge upon matters of policy.
Case Title: ACHIN GUPTA VERSUS STATE OF HARYANA & ANR., 2024 LiveLaw (SC) 343
Justices JB Pardiwala and Manoj Misra
Raising serious concerns about the misuse of Section 498A of the Indian Penal Code proceedings against the husband and in-laws by the wife, the Supreme Court requested the Parliament to bring out necessary changes to the new IPC i.e., Bhartiya Nyay Sanhita, 2023 (“BNS”) which contained provisions such Section 85 and 86 akin to Section 498A of IPC.
Case Title : Anees v. The State Govt of NCT
Coram: Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra
In a notable judgment, the Supreme Court has elucidated the principles relating to the application of Section 106 of the Indian Evidence Act, 1872.
The Court stated that Section 106 is not intended to relieve the prosecution of their duty to prove the case beyond reasonable doubt. On the contrary, it is designed to meet certain exceptional cases in which it would be impossible, or at any rate disproportionately difficult, for the prosecution to establish the facts which are, “especially within the knowledge of the accused and which, he can prove without difficulty or inconvenience”.
Case Title : Anees v. The State Govt of NCT
Coram: Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra
The Supreme Court has noted a lack of thorough cross-examination by Public Prosecutors in criminal appeals, specifically with hostile witnesses.
The prosecutors often only confront them with their police statement, aiming to highlight contradictions but not fully explore the witness's testimony, the Court said.
Challenge To Surrogacy Law : Supreme Court Frames Issues To Consider, Hearing In July 2024
Case Title: Arun Muthuvel v. Union of India | W.P. (Civil) No. 756 of 2022 (and connected matters)
Coram: Justices BV Nagarathna and AG Masih
The Supreme Court on May 3 elucidated the issues it would be considering in a batch of pleas challenging provisions of the Surrogacy (Regulation) Act, 2021 and the Surrogacy (Regulation) Rules, 2022.-
Case Title: SHANKAR VERSUS THE STATE OF UTTAR PRADESH & ORS., 2024 LiveLaw (SC) 345
The Supreme Court held that to summon a person as an additional accused invoking powers under Section 319 of the Code of Criminal Procedure, the degree of satisfaction is much stricter. The evidence should be such that it should lead to the conviction of the accused if it is unrebutted.
Supreme Court Grants Anticipatory Bail To Mukhtar Ansari's Son In Model Code Violation Case
Case Detail: Umar Ansari Vs State of UP., SLP(Crl) No. 819/2024
Coram: Justices Hrishikesh Roy and Prashant Kumar Mishra
The Supreme Court on Monday (May 6) granted anticipatory bail to Umar Ansari, son of gangster-turned-politician Lt. Mukhtar Ansari in a case where it was alleged that he along with other accused threatened the District Mau Administration and violated the model code of conduct during the 2022 Uttar Pradesh Assembly Polls.
Case Title: Supreme Court Bar Association v. BD Kaushik, Diary No. 13992/2023
Coram: Justices Surya Kant and KV Viswanathan
The Supreme Court clarified that its order whereby it had directed reservation of minimum one-third seats for women in the Supreme Court Bar Association's executive committee is on an "experimental basis" and that any difficulty faced in implementing the reforms would be placed before the Court.
Case Title: CHANDER BHAN (D) THROUGH LR SHER SINGH VERSUS MUKHTIAR SINGH & ORS., 2024 LiveLaw (SC) 347
Coram: Justices Sudhanshu Dhulia and PB Varale
The Supreme Court held that the non-applicability of the provisions of Section 52 of the Transfer of Property Act, 1881 (“TPA”) wouldn't bar the applicability of principles of lis-pendens, which are based on justice, equity, and good conscience.
Case Title: COMMISSIONER OF TRADE AND TAXES VERSUS FEMC PRATIBHA JOINT VENTURE
Coram: Justices PS Narasimha and PB Varale
In a recent decision, the Supreme Court held that the department must mandatorily adhere to the time limit for processing and issuing the refunds under Section 38 of the Delhi Value Added Tax Act, 2004.
Case Title : Tapas Guha v Union of India | C.A. No. 4603-4604/2024
Coram: CJI Chandrachud and Justices JB Pardiwala and Manoj Misra
The Supreme Court came down heavily upon the manner in which the National Green Tribunal (NGT) 'abdicated' its duties by not interfering in the construction of the Silchar Greenfield Airport Project which was proceeding without obtaining the mandatory prior Environmental Clearance.
Case Title: ABHIMEET SINHA & ORS. VERSUS HIGH COURT OF JUDICATURE AT PATNA & ORS.
Coram: Justices Hrishikesh Roy and Prashant Kumar Mishra
The Supreme Court upheld the constitutionality of the Rules stipulating minimum qualifying marks in the viva voce test as a part of the selection criteria for appointment to the District Judiciary in the States of Bihar and Gujarat.
Case Title: SUVENDU DEY VS. ELECTION COMMISSION OF INDIA., DIARY NO. - 19472/2023
Coram: Justices Surya Kant and KV Viswanathan,
The Election Commission of India (ECI) informed the Supreme Court that the bye-election to the Manicktala constituency in West Bengal can be notified as soon as the Election Petition pending in the Calcutta High Court challenging the election of the returned candidate (since expired) is withdrawn.
Case Details: Amanatullah Khan Versus The Commissioner Of Police, Delhi And Ors., SLP(Crl) No. 5719/2023
Coram: Justices Surya Kant and KV Viswanathan
While deciding on a plea of AAP MLA Amanatullah Khan against the action of Delhi Police declaring him a 'bad character' by opening a 'history sheet' against him, the Supreme Court modified the decision of the Delhi High Court to the extent that- details of Khan's minor school-going children and his wife, against whom there was no adverse material, wouldn't be included in the 'History Sheet'.
Case Title: IN RE: HERITAGE BUILDING OF THE BOMBAY HIGH COURT AND ALLOTMENT OF ADDITIONAL LANDS FOR THE HIGH COURT
Coram: CJI Chandrachud, Justices BR Gavai and JB Pardiwala
The Supreme Court directed the Maharashtra Public Works Department to conduct a structural and safety audit of the present Bombay High Court building in Fort, Mumbai before monsoon, since the heritage building is nearly 150 years old and construction of a new building for the High Court will take a few years.
Case Title: Indian Medical Association v. Union of India | W.P.(C) No. 645/2022
Coram: Justices Hima Kohli and Ahsanuddin Amanullah
The Supreme Court issued notice on the application filed by Patanjali MD Acharya Balkrishna seeking action against alleged offending statements made by the President of Indian Medical Association (IMA) in an interview given to the media.
Case Details : THE STATE OF WEST BENGAL vs. BAISHAKHI BHATTACHARYYA (CHATTERJEE) SLP(C) No. 009586 - / 2024
The Supreme Court today modified its earlier interim order protecting the appointments made in pursuance of the alleged West Bengal SSC recruitment scam, stating that those appointees whose appointments are found to be illegal shall be liable to refund their salaries.
Case Title: Indian Medical Association v. Union of India | W.P.(C) No. 645/2022
Coram: Justices Hima Kohli and Ahsanuddin Amanullah
The Supreme Court, in a pivotal order passed a slew of measures to protect consumers from misleading advertisements. The directions included equal responsibility of advertisers and endorsers qua misleading ads and the uploading of a self-declaration form by advertisers before issuing any advertisements.
Why Should You Charge Additional Fee For Sanitary Waste? Supreme Court Asks Kerala Govt.
Case : Indu Varma v. Union of India [W.P.(C) No. 1062/2023
Coram: Justice Surya Kant and KV Viswanathan
“Why should you charge additional fee for collecting sanitary waste?, Supreme Court asked Kerala Government to respond in a PIL challenging the levy of a user fee by municipal bodies in the state for the collection of sanitary waste.
Case Title: Abbas Ansari v. Union of India and Another
Coram: Justices Surya Kant and KV Viswanathan
The Supreme Court on Tuesday (May 07) allowed MLA Abbas Ansari to virtually attend the religious ceremony to mark the 40th day of the death of his late father Mukhtar Ansari.
Case Title: Abhishek Boinpally v. Directorate of Enforcement | Special Leave Petition (Criminal) No. 9038 of 2023
Coram: Justices Sanjiv Khanna and Dipankar Datta
The Supreme Court extended the interim bail granted to Hyderabad businessman Abhishek Boinpally in the Delhi Liquor Policy case till the next hearing date.
Case Title : A (Mother of X) v. State of Maharashtra., 2024 LiveLaw (SC) 349
In a recent judgment, the Supreme Court expressed reservations about the Medical Termination of Pregnancy Act not allowing termination of pregnancy above the upper limit of 24 weeks in the case of minor victims of rape and incest, while allowing termination of such pregnancies if there are substantial foetal abnormalities.
Case Title: ABHIMEET SINHA & ORS. VERSUS HIGH COURT OF JUDICATURE AT PATNA & ORS.
Coram: Justices Hrishikesh Roy and Prashant Kumar Mishra
In a recent judgment, the Supreme Court has flagged concerns about the absence of a designated authority by the High Courts which can be approached by the candidates of judicial services examinations to seek clarification in case of any doubt.
Case Title: CHILD IN CONFLICT WITH LAW THROUGH HIS MOTHER VERSUS THE STATE OF KARNATAKA AND ANOTHER
Coram: Justices C.T. Ravikumar and Rajesh Bindal
The Supreme Court held that the time limit of three months prescribed under Section 14(3) of the Juvenile Justice (Care & Protection) Act, 2015 for ascertaining the mental and physical capacity of a child below the age of sixteen years to commit a serious offence is not mandatory but directory.
Case Title: PRASHANT SINGH & ORS. ETC. VERSUS MEENA & ORS. ETC.
Coram: Justices Surya Kant and P.S. Narasimha
In a recent decision concerning the U.P. Consolidation of Holdings Act, 1953, the Supreme Court held that the Consolidation Officer is not vested with the power to take away the vested title of a tenure holder and grant ownership to some other person in the property.
Supreme Court Discusses Concept Of 'Parental Alienation Syndrome' In Child Custody Dispute
Case : Col. Ramneesh Pal Singhv v. Sugandhi Aggarwal
Coram: Justices Vikram Nath and Satish Chandra Sharma
The Supreme Court has discussed the concept of "Parental Alienation Syndrome(PAS)" in a judgment delivered in a case between an estranged couple for the custody of their children.
PAS is a syndrome whereby one parent, who has custody of the child, promotes feelings of disaffection against the other parent in the mind of the child, which ultimately influences the child's preference for one parent in a court litigation for custody.
Case : KP Khemka and anr vs Haryana State Industrial and Infrastructure Corporation Limited and ors
Coram: Justices Surya Kant and KV Viswanathan
The Supreme Court has referred to a 3-judge bench the question whether debts, which cannot be recovered by filing civil suits as they are time-barred under the Limitation Act 1963, can be recovered by invoking other remedies under special statutes for debt recovery.
Case Details : DHANRAJ ASWANI Versus AMAR S. MULCHANDANI AND ANR. DIARY NO. - 51276/2023
Coram: CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra
Supreme Court reserved judgment on the issue whether anticipatory bail could be granted in one case to a person who is already under custody in another case.
The bench heard the matter. The question of law arose in a case where the FIR of the first offence against the accused was quashed but then the report was revived when he was taken in custody for another case. The accused thereafter filed for anticipatory bail.
Conviction Can't Be Set Aside Merely Because Prosecution Witness Turned Hostile: Supreme Court
Case Title: SELVAMANI VERSUS THE STATE REP. BY THE INSPECTOR OF POLICE
Coram: Justices BR Gavai and Sandeep Mehta
The Supreme Court held that the evidence of a prosecution witness cannot be rejected in toto merely because the prosecution chose to treat him as hostile and cross-examined him.
Case Title: SUKHPAL SINGH VERSUS NCT OF DELHI., 2024 LiveLaw (SC) 359
Coram: Justices BR Gavai and Sandeep Mehta
In a recent judgment, the Supreme Court held that the statements of the prosecution witness recorded in the absence of the accused can be read as a substantive piece of evidence when the prosecution witness could not be traced out and produced in the witness box for deposition during trial after the accused had been arrested.
Case Title: SHAKEEL AHMAD VS. UNION OF INDIA., Miscellaneous Application No. 2070/2023 in W.P.(C) No. 182/2001
Coram: Justices Abhay S. Oka and Ujjal Bhuyan
The Supreme Court, in its order dated May 06, observed that there is hardly any compliance by the State of Maharashtra with the recommendations regarding police reforms made by Justice Srikrishna Commission in the report relating to the 1993-93 Bombay Riots. The Commission was constituted by the State in the year 1993 to look into the causes of the fearsome riots that engulfed Mumbai in December 1992 and January 1993, which occurred after the demolition of the Babri Masjid.
Case Title: CHILD IN CONFLICT WITH LAW THROUGH HIS MOTHER VERSUS THE STATE OF KARNATAKA AND ANOTHER
Coram: Justices C.T. Ravikumar and Rajesh Bindal
Noting that no time limit has been prescribed under the Juvenile Justice(Care and Protection of Children) Act, 2015 to prefer an appeal against the preliminary assessment order of the Juvenile Justice Board (JJB), the Supreme Court in a recent judgment deemed it appropriate to fill up this gap by prescribing 30 days' time limit for preferring appeal against the JJB's preliminary assessment order.
Case Details: Bindu Kapurea v. Subhasish Panda & Connected Matters Dairy No. 21171-2024
Coram: Justice AS Oka and Ujjal Bhuyan
The Supreme Court today issued notices for initiating contempt proceedings against government officials for the rampant felling of trees in Delhi's Ridge Forest area in violation of its previous orders in M.C. Mehta v. Union of India & Ors. The Court has also ordered the maintenance of the status quo in the region.
Case Title: CHILD IN CONFLICT WITH LAW THROUGH HIS MOTHER VERSUS THE STATE OF KARNATAKA AND ANOTHER
Coram: Justices CT Ravikumar and Rajesh Bindal
The Supreme Court has flagged concern about the non-mentioning of the names of the presiding officer or members when the order is passed under the Juvenile Justice Act, 2015.
Delay Condonation Application Filed By Stranger Not Party To Suit Illegal : Supreme Court
Case : Vijay Laxman Bhawe Since Deceased v. P And S Nirman Pvt Ltd
The Supreme Court held it is impermissible for a third-party to file an application for condonation of delay, stating that such an approach would allow anyone, regardless of their involvement in the suit, to seek restoration.
Case Title: Manan Chopra and ors vs Soni RealtorsPvt Ltd., Civil Appeal No. 5452/2024
Coram: Sanjiv Khanna and Dipankar Datta
The Supreme Court issued notice to the Insolvency and Bankruptcy Board of India, inter-alia, on the requirement to obtain a certified copy of the order and attach the same with the appeal.
The Bench has issued notice considering that there is “considerable ambiguity” in certain issues concerning the service of the orders passed by the National Company Law Tribunal, uploading of orders on the website, and the one mentioned above.
Court Doesn't Sit In Appeal Over Arbitral Tribunal's Interpretation Of Contract : Supreme Court
Case Title : National Highway Authority of India v. M/s Hindustan Construction Company Ltd
Coram: Justices A. S. Oka and Pankaj Mithal
The Supreme Court held that it is for the Arbitral Tribunal to adjudicate upon the construction of the terms of a contract and the Court under Section 34, Arbitration and Conciliation Act, 1996 does not sit in appeal over the findings of the arbitrator.
Case Title: UNION OF INDIA Versus MRITYUNJAY KUMAR SINGH @ MRITYUNJAY @ SONU SINGH, Diary No. 27308-2023
Coram: Justices PS Narasimha and Aravind Kumar
The Supreme Court upheld the decision of the Jharkhand High Court granting bail to a construction firm partner who was booked by the National Investigation Agency (NIA) under the Unlawful Activities (Prevention) Act for allegedly funding banned organization CPI (Maoist).
Case Title: SHEIKH NOORUL HASSAN VERSUS NAHAKPAM INDRAJIT SINGH & ORS.
Coram: Chief Justice of India Dr. DY Chandrachud and Justices JB Pardiwala and Manoj Misra
Explaining the law on the filing of the replication in an election petition, the Supreme Court observed that the High Court is vested with the power to allow the filing of a replication by an election petitioner against the written submissions of a returned candidate subject to the condition that the replication should not introduce new facts which goes against the facts originally contained in an election petition.
Case Title: HEMANT SOREN VS. DIRECTORATE OF ENFORCEMENT, SLP(Crl) No. 5769/2024
Coram: Justices Sanjiv Khanna and Dipankar Datta
The Supreme Court disposed of former Jharkhand Chief Minister Hemant Soren's plea challenging his arrest by the Enforcement Directorate as "infructuous" in view of the Jharkhand High Court's dismissal of his petition seeking the same relief. Soren had filed the present petition aggrieved by the delay of the High Court in pronouncing the judgment despite concluding the arguments on February 29.
Supreme Court Allows Interim Release Of Delhi CM Arvind Kejriwal Till June 1
Case Title: Arvind Kejriwal v. Directorate of Enforcement, SLP(Crl) 5154/2024
Coram: Justices Sanjiv Khanna and Dipankar Datta
In a significant development, the Supreme Court allowed interim release of Delhi Chief Minister Arvind Kejriwal, who is in judicial custody in the Delhi liquor policy case, till June 1.
Case Details: Tushar Gandhi v. State of Uttar Pradesh, Writ Petition (Criminal) No. 406 of 2023
Coram: Justices Abhay S. Oka and Ujjal Bhuyan
The Supreme Court, while hearing Muzaffarnagar student slapping case, directed the State of Uttar Pradesh to nominate an appropriate senior IPS officer for conducting the prosecution properly.
Case Title: SHAKEEL AHMAD AND ORS. Versus STATE OF UTTAR PRADESH AND ORS., SLP(C) No. 6531/2024 (and connected matters)
Coram: Justices Sanjiv Khanna and Dipankar Datta
While upholding the demolition drive of the Lucknow Development Authority (LDA) against unauthorized constructions in the Akbarnagar area of Lucknow city, the Supreme Court on Friday (May 10) clarified that no slum dweller should be evicted without being given alternative accommodation.
Case Details: R.K. MUNSHI v. UNION TERRITORY OF JAMMU & KASHMIR AND ORS SLP(Civil) No(s). 43 OF 2022
Coram: Justices BR Gavai and Sandeep Mehta
Recently, the Supreme Court held that a government employee staying in a rent-free accommodation allotted to his father, a retired government servant, was not entitled to claim any House Rent Allowance (HRA)
Case Title: Mrs. Bhumikaben N. Modi & Ors. Versus Life Insurance Corporation of India
Coram: Justices AS Bopanna and CT Ravikumar
In a recent decision concerning insurance law, the Supreme Court observed that the issuance of a receipt of the first premium payment by the insurer would provide a presumption of the acceptance of the policy by the insurer.
Case Details : UNION OF INDIA & ORS. v. SANTOSH KUMAR TIWARI CIVIL APPEAL NO.6135 OF 2024
Coram: CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra
The Supreme Court in a recent judgement held that 'compulsory retirement' under the Rules of Central Reserve Police Force (CRPF) was validly within the purpose of maintaining 'disciplinary control' over the force under the CRPF Act 1949.
Case Title: SHRIRAM CHITS (INDIA) PRIVATE LIMITED EARLIER KNOWN AS SHRIRAM CHITS (K) PVT. LTD VERSUS RAGHACHAND ASSOCIATES
Coram: Justices P.S. Narasimha and Aravind Kumar
In an important ruling relating to consumer protection law, the Supreme Court on Friday (May 10) set out the manner in which the consumer fora must decide technical pleas raised by service providers against the maintainability of the consumer complaints on the ground that goods/services were availed by the consumer for the commercial purposes.
Affirming the decision of the National Consumer Dispute Redressal Commission (“NCDRC”), the bench observed that unless it is proved by the service provider that the goods/services were availed for the commercial purpose by the consumer, the service provider cannot dispute about the maintainability of the consumer complaint.
Case Title: Bani Roy Choudhury & Anr. v. State of West Bengal & Ors. | Writ Petition (Criminal) No. 482 of 2023
Coram: Justices Sanjiv Khanna and Dipankar Datta
The Supreme Court disposed of a plea alleging interference in an ongoing criminal investigation by a sitting Calcutta High Court judge and her lawyer-husband.
Supreme Court Dismisses Plea To Remove Arvind Kejriwal As Delhi Chief Minister
Case Title: KANT BHATI Versus ARVIND KEJRIWAL AND ORS., Diary No. 19252-2024
Coram: Justices Sanjiv Khanna and Dipankar Datta
The Supreme Court dismissed a petition seeking the removal of Aam Aadmi Party chief Arvind Kejriwal from the post and office of Chief Minister, Delhi because of his arrest by the Enforcement Directorate in the liquor policy case.
Case Title: Arvind Kejriwal v. State (National Capital Territory Of Delhi) & Anr. | Special Leave Petition (Criminal) No. 2413 of 2024
Coram: Justices Sanjiv Khanna and Dipankar Datta
The Supreme Court today extended the stay on defamation proceedings against Delhi Chief Minister Arvind Kejriwal for retweeting a video by Youtuber Dhruv Rathee making certain allegations against Bharatiya Janata Party (BJP) IT Cell.
Case Title: MC Mehta v. Union of India & Ors., WP(C) No. 13029/1985
Coram: Justice Abhay S. Oka and Ujjal Bhuyan
The Supreme Court directed the concerned authorities, including the Municipal Corporation of Delhi (MCD), to take immediate measures to ensure that the present quantity of untreated municipal solid waste does not increase in Delhi and its surrounding areas till the proper facilities for processing this waste are in place. In this regard, the Court asked the authorities to consider various methods, including putting restraints on construction activities.
Case Details : CHIRAG BHANU SINGH VS. THE STATE OF HIMACHAL PRADESH W.P.(C) No. 000312 - / 2024
Coram: Justice Hrishikesh Roy and Justice Prashant Kumar Misra
The Supreme Court issued notice to the Registrar General of the Himachal Pradesh High Court directing to furnish a report on whether the High Court Collegium reconsidered the names of two senior most District Judicial Officers in accordance with the Supreme Court Collegium's recommendation of January 4.
Case Title: SHENTO VARGHESE VERSUS JULFIKAR HUSEN & ORS.
Coram: Justices P.S. Narasimha and Aravind Kumar
The Supreme Court observed that the delay in reporting the seizure report by the police to the magistrate wouldn't vitiate the act of seizure by police under Section 102(3) of the Code of Criminal Procedure, 1973.
Case Title: UNION OF INDIA Versus MOHAMED RIFAS @ MOHAMED RIGBAS, DIARY NO. - 13002/2024
Coram: Justices Bela M Trivedi and Pankaj Mithal
The Supreme Court issued a notice in Union's plea seeking cancellation of bail granted to the non-citizen alleged to have committed an offence under the Unlawful Activities (Prevention) Act, 1967.
Supreme Court Grants Bail To 2 Kerala Advocates Accused Of Raping Client
Case Title: XXX v. MJ Johnson and others
Coram: Justices Hrishikesh Roy and Prashant Kumar Mishra
The Supreme Court granted bail to two Kerala lawyers who were arrested by the State Police in a case for allegedly raping their client.
Advocates Not Liable Under Consumer Protection Act For Deficiency Of Services : Supreme Court
Case Title: BAR OF INDIAN LAWYERS THROUGH ITS PRESIDENT JASBIR SIGH MALIK vs. D.K.GANDHI PS NATIONAL INSTITUTE OF COMMUNICABLE DISEASES., Diary No.- 27751 - 2007
Coram: Justices Bela Trivedi and Pankaj Mithal
In a crucial development, the Supreme Court on Tuesday (May 14) held that advocates cannot be held liable under the Consumer Protection Act 1986 (as re-enacted in 2019) for deficiency of services. The Court held that professionals have to be treated differently from persons carrying out business and trade.
Patanjali Case : Supreme Court Refuses To Accept Apology Of Indian Medical Association President
Case Title: Indian Medical Association v. Union of India | W.P.(C) No. 645/2022
Coram: Justices Hima Kohli and Ahsanuddin Amanullah
The Supreme Court expressed dissatisfaction with the apology furnished by the President of Indian Medical Association, Dr RV Asokan, for his remarks in a media interview over certain observations made by the Court.
Case Details: Gautam Navlakha v. National Investigation Agency & Anr. | Special Leave Petition (Criminal) No. 9216 of 2022
Coram: Justices MM Sundresh and SVN Bhatti
In a major development, the Supreme Court on Tuesday( May 14) granted bail to Bhima Koregaon-accused Gautam Navlakha. The same is subject to the payment of Rs 20 Lakhs for his house arrest.
Case Title: STATE OF PUNJAB VS. GURMEET RAM RAHIM SINGH INSAN, DIARY NO. - 16688/2024
Coram: Justices Sanjiv Khanna and Dipankar Datta
The Supreme Court dismissed Punjab government's challenge to an order quashing FIR against Dera Sacha Sauda chief Gurmeet Ram Rahim Singh for allegedly insulting the religious beliefs of Sant Kabir Das and Guru Ravidas' Devotees
Case Details : INAMUR RAHMAN VS. STATE OF M.P. SLP(Crl) No. 006931 - / 2024
Coram: Justices B. R. Gavai and Sandeep Mehta
The Supreme Court on Tuesday ( May 14) quashed the FIR and criminal proceedings lodged over the keeping of a book titled "Collective Violence and Criminal Justice System" authored by Dr. Farhat Khan, in the library of the Government Law College, Indore. The FIR was lodged alleging that the book was 'Hinduphobic' and 'anti-national'
Case Title: H. RAJA VS. STATE REP. BY INSPECTOR OF POLICE., DIARY NO. - 20577/2024
Coram: Justices Hrishikesh Roy and Prashant Kumar Mishra
The Supreme Court refused to quash the criminal cases against the Bharatiya Janata Party's National Secretary H Raja for his alleged derogatory remarks against Dravidian movement leader Periyar, former TN Minister M Karunanidhi, DMK party leaders etc.
Case Title: BHIKCHAND S/O DHONDIRAM MUTHA (DECEASED) THROUGH LRS. VERSUS SHAMABAI DHANRAJ GUGALE (DECEASED) THROUGH LRS.
Coram: Justices Hrishikesh Roy and Prashant Kumar Mishra
In an important ruling concerning the principle of 'restitution' under Section 144 of the Code of Civil Procedure, 1908 (the Supreme Court observed that if after knowing that the decree was likely to be reversed, a stranger auction purchaser (not being party to the proceedings) purchases the property in execution of the decree, then he couldn't claim the protection of being a bona fide purchaser and the principle of restitution would apply in such circumstances.
Case Details: Bindu Kapurea v. Subhasish Panda & Connected Matters Dairy No. 21171-2024
Coram: Justices Abhay S. Oka and Ujjal Bhuyan
The Supreme Court indicated that it might initiate criminal contempt proceedings against the Delhi Development Authority (DDA) Vice Chairman in the matter concerning the rampant felling of trees in Delhi's Ridge Forest area in violation of its previous orders in M.C. Mehta v. Union of India & Ors.
Case Details: Prabir Purkayastha v. State, Diary No, 42896 of 2023
Coram: Justices BR Gavai and Sandeep Mehta
In a major development, the Supreme Court declared as illegal NewsClick founder and Editor-in-Chief Prabir Purkayastha's arrest by the Delhi police and his remand in a case under the Unlawful Activities (Prevention) Act 1967.
Case Title: M/s Ireo Grace Realtech Pvt. Ltd. v. Sanjay Gopinath., C.A. No. 2764-2771/2022
Coram: Justices Hima Kohli and Ahsanuddin Amanullah.
The Supreme Court warned/ cautioned the two members of the National Consumer Disputes Redressal Commission (NCDRC) for issuing non-bailable warrants against the directors of a company, ignoring a previous interim order of the Supreme Court.
Case Title: Abbas Ansari v. The State of Uttar Pradesh, W.P.(Crl.) No. 208/2024
Coram: Justices Surya Kant and KV Viswanathan
The Supreme Court allowed jailed MLA Abbas Ansari to attend the private prayers kept in memory of his late father Mukhtar Ansari on June 10, 2024. Mukhtar Ansari died on March 28 following a cardiac arrest while undergoing a sentence of life imprisonment.
Case Details: Commissioner Of Central Excise Belapur Vs Jindal Drugs Ltd. | Civil Appeal No. 1121 Of 2016
Coram: Justices A. S. Oka and Ujjal Bhuyan
The Supreme Court has held that labelling or re-labelling of containers amounts to 'manufacture' under the Central Excise Act for availing cenvat credit
Case Details : P. Ayyakannu, President, National South Indian River Interlinking Agriculturist Association v. The Chief Election Commission & Ors WP (C) No. 333/2024
Coram: Justices Vikram Nath and SC Sharma
The Supreme Court refused to entertain a writ petition filed by Tamil Nadu-based farmers' leader P Ayyakannu who wanted to contest the Lok Sabha elections from the Varanasi constituency in Uttar Pradesh. Disinclined to consider the issue of granting an extension of time to file his nomination, the Court termed the petition as 'Publicity Interest Litigation.'
'What About Right Of Child In Womb?' : Supreme Court Rejects Plea To Abort 30-Week Pregnancy
Case : H Versus UNION OF INDIA AND ANR.| Diary No. 22763-20244
Coram: Justices BR Gavai, Sandeep Mehta and SVN Bhatti
The Supreme Court dismissed a petition filed by a woman seeking termination of her pregnancy which crossed 30 weeks of gestational age.
The bench was considering a Special Leave Petition filed against the judgment delivered by the Delhi High Court on May 3 dismissing the woman's plea. When the High Court passed the order, the pregnancy had crossed 29 weeks.
Case Title: Jheel Sarankshan Samiti v. Union of India and Ors. (and connected matter)
Coram: Justices Sanjiv Khanna and Dipankar Datta
In a public interest litigation assailing construction of a 5-star hotel in Udai Sagar lake of Rajasthan, the Supreme Court on May 14 called for a report from the state government on the status of construction as well as its impact on the environment (including the lake).
Coram: Justices B. R. Gavai, S. V. N. Bhatti and Sandeep Mehta
Taking into consideration the importance of controlling fires in the forests of Uttarakhand, the Supreme Court on Wednesday directed the Chief Secretary of the state to personally remain present on May 17.
Case Title: SUNSHINE KHARPAN VS. THE STATE OF MEGHALAYA., DIARY NO. - 48388/2023
Coram: Justices CT Ravikumar and Rajesh Bindal
Recently, the Supreme Court, while hearing a criminal appeal arising out of the High Court of Meghalaya, expressed its dismay that the “two-finger test” was used in a rape case despite being deprecated by the Top Court. The Court also took into account that the decision in Lillu @ Rajesh and Anr. V. State of Haryana (2013) 14SCC 643, holding that the two-finger test on a rape victim violates her right to privacy, was passed before the present incident had occurred.
Case Title: Rajendra Bhagwanji Umraniya Versus State of Gujarat
Coram: Justices JB Pardiwala and Manoj Misra
The Supreme Court held that an order for the convict to pay compensation to the victim would not result in the reduction of the sentence imposed on the convict.
Writ Petition By Employees Against Air India Not Maintainable After Its Privatisation: Supreme Court
Case Title: R.S. Madireddy & Ors vs. Union of India & Ors. SLP (C) No(s). 23441-23444/2022
Coram: BR Gavai and Sandeep Mehta
'The Supreme Court affirmed the Bombay High Court's order that the writ petitions filed by employees against Air India Limited (AIL) would no longer be maintainable due to AIL's subsequent privatisation. The petitions raised issues related to non-promotion and stagnation in pay.
Supreme Court Seeks Suggestions To Modify 2017 Order Mandating PUC Certificate For Vehicle Insurance
Case Details : MC Mehta v. Union of India & Ors., WP(C) No. 13029/1985
Coram: Justices AS Oka and Ujjal Bhuyan
The Supreme Court recently expressed an intention to revisit its 2017 order which made a Pollution Under Control (PUC) certificate for third party vehicle insurance. The Court made a prima facie observation regarding the need to balance the PUC norms and third party insurance.
Case Title: Yeshwanth Shenoy vs State of Kerala | SLP(C) No. 5563/2023
Coram: Justices Abhay S. Oka and Ujjal Bhuyan
The Supreme Court disposed of the writ petition filed before the Kerala High Court challenging an order of the National Green Tribunal after the same was upheld by the Supreme Court earlier.
The order was passed after Senior Advocate R Basant, appearing for the State, informed the Court that the state was withdrawing the writ petition from the High Court.
ED Cannot Arrest Accused After Special Court Has Taken Cognizance Of PMLA Complaint : Supreme Court
Case Title: Tarsem Lal v. Directorate of Enforcement Jalandhar Zonal Office, Special Leave to Appeal (Crl.) No(s). 121/2024 (and connected matters)
Coram: Justices Abhay S Oka and Ujjal Bhuyan.
In a significant judgment, the Supreme Court held that the Enforcement Directorate (ED) and its officers cannot arrest an accused exercising powers under Section 19 of the Prevention of Money Laundering Act (PMLA) after the Special Court has taken cognizance of the complaint of money laundering.
Writ Petition By Employees Against Air India Not Maintainable After Its Privatisation: Supreme Court
Case Title: R.S. Madireddy & Ors vs. Union of India & Ors. SLP (C) No(s). 23441-23444/2022
Coram: Justices BR Gavai and Sandeep Mehta
The Supreme Court affirmed the Bombay High Court's order that the writ petitions filed by employees against Air India Limited (AIL) would no longer be maintainable due to AIL's subsequent privatisation. The petitions raised issues related to non-promotion and stagnation in pay.
Case Details : RAJUBALA DAS VS. UNION OF INDIA W.P.(Crl.) No. 000234 - / 2020
Coram: Justices AS Oka and Ujjal Bhuyan
The Supreme Court directed the Union Government to take immediate steps for deporting 17 declared foreigners detained in transit camps of Assam. The Court gave this direction considering that no pending cases were registered against them.
Case Details: Bindu Kapurea v. Subhasish Panda & Connected Matters Dairy No. 21171-2024
Coram: Justices Abhay S. Oka and Ujjal Bhuyan
The Supreme Court issued a criminal contempt notice to the Delhi Development Authority (DDA) Vice Chairman in the matter concerning the rampant felling of trees in Delhi's Ridge Forest area in violation of its previous orders in M.C. Mehta v. Union of India & Ors.
Case Title: Dharnidhar Mishra (D) and Another v. State of Bihar and Others., Civil Appeal No 6351 of 2024
Coram: Justices J B Pardiwala and Manoj Misra.
The Supreme Court, while deciding a civil appeal, has expressed its disappointment at the Patna High Court's approach, inter alia, for not questioning the State as to why it did not pay compensation to the appellant for forty-two years after acquiring his land.
Case Title: Indian Medical Association v. Union of India | W.P.(C) No. 645/2022
Coram: Justices Hima Kohli and Ahsanuddin Amanullah
The Supreme Court has declared that the fundamental right to health encompasses the right of a consumer to be made aware of the quality of products being offered for sale by manufacturers, service providers, advertisers and advertising agencies.
Case Title: KOLKATA MUNICIPAL CORPORATION & ANR. V. BIMAL KUMAR SHAH & ORS., CIVIL APPEAL NO. 6466 OF 2024
Coram: Justices PS Narasimha and Aravind Kumar
In a pivotal judgment, the Supreme Court, while setting aside acquisition of land acquired by the Kolkata Municipal Corporation Act, 1980, highlighted seven sub rights of Article 300A of the Indian Constitution. Article 300A provides that “no person shall be deprived of his property save by authority of law”.
Case Details : S. NITHEEN & ORS. v. STATE OF KERALA & ANR. SLP (Criminal) No(s). 8529 of 2019
Coram: Justices BR Gavai and Sandeep Mehta
The Supreme Court, in a recent judgment, held that the charge under the offence of bigamy, punishable under Section 494 of the Indian Penal Code, can be framed only against the spouse to the second marriage.
Case Title : Shaji Paulose versus Institute of Chartered Accountants of India Transfer Case (Civil) No. 20/2021
Coram: Justices BV Nagarathna and Augustine George Masih
The Supreme Court upheld a rule issued by the Institute of Chartered Accountants Of India (ICAA) barring Chartered Accountants from accepting more than the "specified number of tax audit assignments" (at present, the upper limit is set at 60) in a financial year.
Case : Amandeep Singh Dhall v CBI SLP (Crl) 6973/2024
Coram: Justices BR Gavai and Sandeep Mehta
Emphasising that in matters concerning personal liberty, every single day of delay counts, the Supreme Court expressed disappointment at the Delhi High Court keeping the bail application of a petitioner pending for nearly 11 months.
Case Details : IN RE: HERITAGE BUILDING OF THE BOMBAY HIGH COURT AND ALLOTMENT OF ADDITIONAL LANDS FOR THE HIGH COURT
Coram: Chief Justice DY Chandrachud, Justice BR Gavai and Justice JB Pardiwala
The Supreme Court asked the Chief Justice of Bombay High Court to expedite the process of finalising the architect and design plan for the new High Court building.
Case Title: Campaign aainst Hate Speech v. LS Tejasvi Surya, Diary No.21706/2024
Coram: Justices Sanjiv Khanna and Dipankar Datta
The Supreme Court refused to entertain a plea challenging the order passed by Karnataka High Court staying investigation against Bhartiya Janta Party MP Tejasvi Surya for allegedly posting objectionable tweets & violating the Model Code of Conduct.
Case Details : AAM AADMI PARTY VS. UNION OF INDIA SLP(C) No. 010970 - 010971 / 2024
Coram: Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra
The Aam Aadmi Party (AAP) today withdrew a Special Leave Petition filed before the Supreme Court which seeking the allotment of space in the national capital for its office. The withdrawal was made on the grounds that the Delhi High Court is now hearing the matter. The SLP was filed against the High Court's refusal of an early hearing of the case.
Case Title: Agnostos Theos v. Election Commission of India and Ors., W.P.(C) No. 330/2024
Coram: Justices Sanjiv Khanna and Dipankar Datta
The Supreme Court dismissed a petition filed against the Election Commission, Union of India and others, raising doubts about secrecy in the voting process.
Case Details : ZOMI STUDENTS FEDERATION VS. UNION PUBLIC SERVICE COMMISSION SLP(C) No. 010831 - / 2024
Coram: CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra
The Supreme Court directed that the state of Manipur provide enhanced financial aid to UPSC candidates residing in the disturbed hill districts of Manipur, to enable them to travel to any of the exam centres out of the state. Having regard to the prevalent law and order situation in the conflict-ridden state of Manipur, the Court observed that bus services be provided to those candidates in the disturbed region of Senapati District travelling to their centre in Dimapur.
Case Details : AKASH VASHISHTHA Versus UNION OF INDIA AND ORS. W.P.(C) No. 000318 - / 2024
Coram: CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra
The Supreme Court issued notice in a plea regarding the use and overuse of pesticides and other chemical insecticides on food crops and food items. The Court has sought responses from the Union and FSSAI (Food Safety and Standards Authority of India) regarding the excessive use of artificial chemicals in edibles.
Case Details: RESERVE BANK OF INDIA VS. STATE OF KERALA SLP(C) No. 011542 - 011546 / 2024
Coram: Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra
The Supreme Court issued notice on a petition filed by the Reserve Bank of India challenging the amalgamation of the Malappuram District Cooperative Bank in Kerala with the Kerala State Cooperative Bank.
Case Title: BHIKCHAND S/O DHONDIRAM MUTHA (DECEASED) THROUGH LRS. VERSUS SHAMABAI DHANRAJ GUGALE (DECEASED) THROUGH LRS.
Coram: Justices Hrishikesh Roy and Prashant Kumar Mishra
In a recent judgment, the Supreme Court held that during the execution proceedings if the attachment of the judgment debtor's property takes place, then the executing courts shouldn't order the sale of the whole property when the part property could have satisfied the decree.
Case : TARSEM VS. DHARMA., DIARY NO. - 21450/2016
Coram: Justices C.T Ravikumar and Rajesh Bindal
The Supreme Court has decided to determine, inter-alia, whether Muslim women have the right to claim equality in succession in light of Article 14 (Right to equality) and 15 (Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth) of the Indian constitution.
Supreme Court Grants Interim Bail To PMLA Accused As Chargesheet Dropped Scheduled Offence
Case Title: Sunil Kumar Agrawal v Directorate of Enforcement | SLP (CRP) 5890/2024
Coram: Justices Suya Kant and KV Viswanathan
The Supreme Court granted interim bail to a man who was arrested by the Enforcement Directorate after noting that there is no scheduled offence as per the Prevention of Money Laundering Act, 2002 (PMLA) against him in the chargesheet filed in the predicate case.
Case Title: MUKATLAL VERSUS KAILASH CHAND (D) THROUGH LRS. AND ORS.
Coram: Justices BR Gavai and Sandeep Mehta
The Supreme Court held that for a female Hindu to claim absolute ownership of an undivided property of a Hindu Undivided Family(HUF), she should have been in possession of the property.
Case Title: NATIONAL INVESTIGATION AGENCY NEW DELHI VERSUS OWAIS AMIN @ CHERRY & ORS.
Coram: Justices MM Sundresh and SVN Bhatti
The Supreme Court has held that the Code of Criminal Procedure, 1973(CrPC) will apply to Jammu and Kashmir only with effect from 31.10.2019, the date when the Jammu and Kashmir Reorganization Act 2019 came into effect following the abrogation of the special status of J&K under Article 370 of the Constitution.
Supreme Court Quashes Conviction For Stalking Due To Marriage Between Convict & Complainant
Case Title: DASARI SRIKANTH v. STATE OF TELANGANA
The Supreme Court recently quashed the conviction of a man for the offence of stalking (Section 354D) and criminal intimidation (Section 506) of the Indian Penal Code after noting that the convict and the complainant married each other during the pendency of the appeal before the Supreme Court.
Case Details: VISHAL TIWARI VS. UNION OF INDIA., Diary No. 454-2024
The Supreme Court refused to entertain a petition challenging the new criminal laws which have been enacted by the Parliament to replace the Indian Penal Code 1860, Indian Evidence Act 1872 and the Code of Criminal Procedure 1973.
Case Title: AJWAR Versus WASEEM AND ANOTHER
Coram: Justices Hima Kohli and Ahsanuddin Amanullah
In a recent decision, the Supreme Court observed that the same Court which granted bail to an accused can cancel the bail if there are serious allegations against him although the accused has not misused the bail.
Case Title: M/s Sundew Properties Limited v. Telangana State Electricity Regulatory Commission & Anr, CIVIL APPEAL NO. 8978/2019
Coram: Justices Sanjiv Khanna and Dipankar Datta.
The Supreme Court recently held that SEZ developers, though conferred the status of "deemed distribution licensee" under the Electricity Act, must apply in terms of applicable Regulations and be scrutinized. The court further distinguished between regular distribution licensees and deemed distribution licensees to set aside a pre-condition imposed on an applicant requiring infusion of additional capital to be recognized as a "deemed distribution licensee".
Case Title: PRITI AGARWALLA AND OTHERS v. THE STATE OF GNCT OF DELHI AND OTHERS., CRIMINAL APPEAL NO (S). 348 OF 2021
The Supreme Court, while deciding a case arising out of a complaint made for an offence under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (Act), observed that an allegation of insult has to satisfy the requirement of having been made within public view.
Case : Ajay Ajit Peter Kerkar v. Directorate of Enforcement and another
Coram: Justices Abhay S Oka and Ujjal Bhuyan
The Supreme Court has reiterated that the benefit of Section 436A of the Code of Criminal Procedure is applicable even to an accused under the Prevention of Money Laundering Act, 2002 (PMLA).
Case Title: IN RE RECRUITMENT OF VISUALLY IMPAIRED IN JUDICIAL SERVICES SMW(C) No. 2/2024
Coram: Justices P.S. Narasimha and Sanjay Karol
The Supreme Court resumed its hearing in a suo motu matter regarding a rule in the State of Madhya Pradesh that excludes visually impaired and no-vision candidates from seeking appointment to judicial services.
Supreme Court Dismisses Petitions To Review Article 370 Verdict
Coram: Chief Justice of India DY Chandrachud, Justices Sanjiv Khanna, BR Gavai, Surya Kant and AS Bopanna
The Supreme Court has dismissed the petitions seeking review of its judgment upholding the abrogation of the special status of Jammu and Kashmir under Article 370 of the Constitution.
Case Title: TAMIL NADU MEDICAL SERVICES CORPORATION LIMITED Versus TAMIL NADU MEDICAL SERVICES CORPORATION EMPLOYEES WELFARE UNION & ANR.
Coram: Justices Sanjay Karol and PB Varale
In a recent decision relating to the grant of permanent status to the workmen employed in the industrial establishments in the State of Tamil Nadu, the Supreme Court held that the TN Medical Services Corporation could not deny the permanent status to the workmen if they have worked consecutively for more than 480 days in a period of twenty-four calendar months in the commercial establishment engaged in other activities apart from the construction activities being undertaken for making some monetary gain.
Review Petition Filed Against Supreme Court's Decision Upholding Lucknow-Akbarnagar Demolition Drive
Case Title: Raju Sahu & Ors v. State of Uttar Pradesh
Coram: Justices Sanjiv Khanna and Dipankar Datta
In the latest development, a review petition has been filed against the Supreme Court's ruling which upheld the demolition drive of the Lucknow Development Authority (LDA) against alleged unauthorized constructions in the Akbarnagar area of Lucknow city.
BREAKING | Supreme Court Refuses To Entertain Hemant Soren's Petition Challenging ED Arrest
Case Title: Hemant Soren v. Directorate of Enforcement and Anr., SLP(Crl) No. 6611/2024
Coram: Justices Dipankar Datta and Satish Chandra Sharma
The Supreme Court dismissed as withdrawn former Jharkhand Chief Minister Hemant Soren's petition challenging his arrest by the Enforcement Directorate (ED) in a money laundering case related to an alleged land scam in Jharkhand.
Case Details : UNION OF INDIA VS. BARAKATHULLAH SLP(Crl) No. 014036 - 014040 / 2023
Coram: Justices Bela Trivedi and Pankaj Mithal
The Supreme Court set aside the Madras High Court order granting bail to 8 men allegedly belonging to the banned Popular Front of India (PFI) charged under the Unlawful Activities Prevention Act (UAPA). The Court cancelled the bail of the persons stating that the allegations of collecting funds to commit terrorist acts against them appeared to be 'prima facie true'.
Case Title: C. SUBBIAH @ KADAMBUR JAYARAJ AND OTHERS VERSUS THE SUPERINTENDENT OF POLICE AND OTHERS
Coram: Justices BR Gavai and Sandeep Mehta
In a recent decision related to the Benami Act, the Supreme Court held that the person claiming to be the owner of the Benami property cannot institute a suit/proceedings against the person in whose name the properties are held.
Case Details : DR. VIMAL SUKUMAR VS. D LAWRENCE Diary no. 16987/2024 and Other Connected Matters
Coram: Justices Bela Trivedi and Pankaj Mithal
The Supreme Court restrained the interim committee of Retired High Court Judges appointed to oversee the elections to the synod of the Church of South India (CSI) from taking any steps towards holding elections to the synod or dealing with the administration of the CSI as an interim measure.
Case Title: VIJAY KUMAR VS. THE STATE OF HIMACHAL PRADESH, Crl.A. No. 002568 / 2024
Coram: Justices Abhay S. Oka and Ujjal Bhuyan
In a recent case concerning an offence of rape, the Supreme Court observed that the conviction can't be set aside if the accused statements recorded under Section 313 of CrPC (stating that there was a prosecutrix consent to perform sexual intercourse) are not put to use in evidence by the accused in the form of suggestion while cross-examining the prosecutrix.
Case Details: Association for Democratic Reforms v. Union of India | WP(C) 1382 of 2019
Coram: Justices Dipankar Datta and Satish Chandra Sharma
Expressing reluctance to interfere in the middle of the election process, the Supreme Court adjourned an application seeking directions to the Election Commission of India to publish the booth-wise absolute numbers of voter turnout and upload the Form 17C records of votes polled on its website.
Supreme Court Stays Uttarakhand High Court's Order For Its Relocation Out Of Nainital
Case Title: HIGH COURT BAR ASSOCIATION VS. STATE OF UTTARAKHAND., case Title: DIARY NO. - 22967/2024
Coram: Justices P.S. Narasimha and Sanjay Karol
The Supreme Court stayed the Uttarakhand High Court's order asking the State government to find a suitable place to shift its premises out of Nainital. The High Court, in its order, highlighted that shifting is necessary in the larger public interest. Challenging this order, the High Court Bar Association of Uttarakhand moved the Supreme Court.
Case Details : N. KIPGEN AND ORS. Versus VINEET JOSHI AND ORS. Diary no 19206/2023 & Connect Matter
Coram: Justices Bela M Trivedi and Pankaj Mithal
The Supreme Court refused to entertain a contempt petition alleging inaction on part of state of Manipur to protect the properties of displaced persons amidst the ongoing ethnic violence in the state. Considering that the alleged encroachers to the property were not made party in the present contempt proceedings, the Court dismissed the petition and asked the petitioners to first seek appropriate legal remedies against the alleged encroachments.
Supreme Court Issues Notice On Plea Seeking OBC Reservation For Settibalija Community In Telangana
Case: TELANGANA SETTIBALIJA SANKSHEMA SANGHAM VERSUS THE STATE OF TELANGANA & ORS. R |Writ Petition(s)(Civil) No(s). 315/2024
The Supreme Court issued notice in a writ petition filed by the Telangana Settibalija Sankshema Sangham (TSSS) against the State of Telangana challenging the denial of reservation and other OBC rights to the marginalized toddy-tapper Settibalija community ever since the reorganization of Andhra Pradesh in 2014.
Principles Relating To Dying Declaration : Supreme Court Explains
Case Title: RAJENDRA S/O RAMDAS KOLHE VERSUS STATE OF MAHARASHTRA
Coram: Justices Abhay S Oka and Ujjal Bhuyan
The Supreme Court held that corroboration of the dying declaring statement isn't required when it inspires the confidence of the court to convict the accused.
Case Title: RAJESH KUMAR VERSUS ANAND KUMAR & ORS., CIVIL APPEAL NO. 7840 OF 2023
Coram: Justices Pankaj Mithal and PK Mishra
Even though the limitation period for filing a suit for specific performance of a contract is three years, the Supreme Court held that every suit for specific performance of the contract filed within the period of limitation cannot be decreed.
Exclusion Clauses In Insurance Contracts To Be Construed Strictly & Against Insurer : Supreme Court
Case Title: United India Insurance Co. Ltd. Versus M/s Hyundai Engineering & Construction Co. Ltd. & Ors., Civil Appeal No. 1496 of 2023
Coram: Justices PS Narasimha and Aravind Kumar
In a recent ruling, the Supreme Court reiterated that the burden of proving applicability of exclusionary clauses in insurance contracts is on the insurer and such clauses must be interpreted strictly against the insurer, as they may completely exempt the insurer of its liability.
Case Title : SHASHANKA J. SREEDHARA vs. B.Z. ZAMEER AHMED KHAN
Coram: Justices Surya Kant and K.V. Viswanathan
The Supreme Court, while hearing an appeal arising out of the dismissal of an election petition, refused to accept the argument that the commitments by a political party in its manifesto, which eventually leads to direct or indirect financial help to the public at large, will also amount to corrupt practice by a candidate of that party. The Court termed this argument as being "too far-fetched."
Case Title: S. SHIVRAJ REDDY(DIED) THR HIS LRS. AND ANOTHER VERSUS S. RAGHURAJ REDDY AND OTHERS
Coram: Justices BR Gavai and Sandeep Mehta
The Supreme Court held that even if the plea of limitation is not set up as a defence, the Court has to dismiss the suit if it is barred by limitation.
Case Title: M/S SAS INFRATECH PVT. LTD. VERSUS THE STATE OF TELANGANA & ANR.
Coram: Justices Bela M Trivedi and Pankaj Mithal
Recently, the Supreme Court reiterated that a Judicial Magistrate cannot be said to have taken cogniznance of an offence by directing an investigation by the police under Section 156 (3) of the Code of Criminal Procedure.
Case Title: BIJAY KUMAR MANISH KUMAR HUF VERSUS ASHWIN BHANULAL DESAI
Coram: Justices JK Maheshwari and Sanjay Karol
The Supreme Court held that if the tenant continues to remain in the rented premises even after the tenancy rights are extinguished, then the landlord would be entitled to receive compensation in the form of 'mesne profit' from the tenant.
Justices Sanjiv Khanna and Dipankar Datta
The Supreme Court Registry refused to list the plea of Delhi Chief Minister Arvind Kejriwal seeking a 7-day extension of his interim bail in the Liquor Policy Case.
Case Title: JASWANT SINGH Versus UNION OF INDIA AND ANR., SLP(Crl) No. 7755/2024
Coram: Justices Sanjay Karol and Aravind Kumar
The Supreme Court refused to grant ex-parte interim bail to AAP Punjab MLA Jaswant Singh to campaign for the ongoing Lok Sabha polls.
Case Title: Kalyani Singh v. Central Bureau of Investigation, SLP(Crl) No. 7260/2024
Coram: Justices JK Maheshwari and KV Viswanathan
On a favorable statement being made by the Central Bureau of Investigation, the Supreme Court today disposed of a plea filed by Kalyani Singh, the prime accused in national-level shooter and lawyer Sippy Sidhu's murder case, for supply of witness statements recorded under Section 161 CrPC by Chandigarh Police.
Case Title: ALIFIYA HUSENBHAI KESHARIYA v. SIDDIQ ISMAIL SINDHI & ORS.
Coram: Justices J.K. Maheshwari and Sanjay Karol
The Supreme Court, in its recent judgment (on May 27), answered the question of whether a person, who has been awarded monetary compensation but has not received it, would not be able to file an appeal seeking enhanced compensation as an indigent. An indigent person is someone who does not have the financial means to pay the Court fee and proceed with the suit filed.
Case Details : KUMARI ANITA VS. ELECTION COMMISSION OF INDIA W.P.(C) No. 000351 / 2024
Coram: Justices Satish Chandra Sharma and Prasanna B Varale
The Supreme Court refused to entertain a writ petition alleging booth capturing and rigging of elections in the Constituency of Munger, Bihar by members of the JDU and seeking directions for re-polling and re-counting of the votes in certain booths. The Court dismissed the petition while granting liberty to the petitioner to approach the High Court.
Case Title: ABHISHEK DANGI VS. THE ELECTION COMMISSION OF INDIA., DIARY NO. - 25031/2024
Coram: Justices Sanjay Karol and Aravind Kumar
The Supreme Court refused to entertain the petition filed by Abhishek Dangi challenging his rejection of nomination from Jehanabad(Bihar) Constituency as an independent candidate in the Lok Sabha Elections 2024.
News Update
After reports of pharmaceutical company AstraZeneca admitting that its Covishield vaccine can cause rare side-effects, a lawyer has moved the Supreme Court seeking constitution of a Medical Expert Panel to examine side-effects and risk factors of the said vaccine as well as compensation of those who were severely disable or died due to the vaccination drive.
Case Title: Radhika Agarwal v. Union of India and Ors., W.P.(Crl.) No. 336/2018 (and connected matters)
Coram: Justices Sanjiv Khanna, MM Sundresh and Bela M Trivedi.
The Supreme Court started hearing a batch of 281 petitions challenging penal provisions of various laws such as the Customs Act, Excise Act and GST Act as non-compatible with the Code of Criminal Procedure (CrPC) and the Constitution.
Case Details : IN RE: RIGHT TO PRIVACY OF ADOLESCENTS SMW(C) No. 000003 - / 2023
Coram: Justices Abhay S Oka and Ujjal Bhuyan.
The Supreme Court on Thursday (May 2) heard the suo motu case taken by it over a judgment of the Calcutta High Court in which certain remarks were made regarding the sexual conduct of adolescents, particularly teenage girls.
Case Details: State of West Bengal v. Union of India | Original Suit No. 4 of 2021
Coram: Justices BR Gavai and Justice Sandeep Mehta
The Supreme Court heard the Union's preliminary objection to the maintainability of the original suit filed by the State of West Bengal in 2021 alleging that the Central Bureau of Investigation (CBI) continued to register and investigate cases despite its revocation of the general consent.
Case Title: Radhika Agarwal v. Union of India and Ors., W.P.(Crl.) No. 336/2018 (and connected matters)
Coram: Justices Sanjiv Khanna, MM Sundresh and Bela M Trivedi
While hearing a batch of petitions challenging penal provisions of GST Act, Customs Act, etc. as non-compatible with the CrPC and the Constitution, the Supreme Court on Thursday (May 2) expressed concerns about the ambiguity in Section 69 of the GST Act (dealing with power with arrest) and conveyed that it would interpret the law to "strengthen" liberty, if need be, but not allow citizens to be harassed.
Case : Kerala Industrial and Technical Consultancy Organisation (KITCO v. Welfare Association of KITCO Employees | Petition(s) for Special Leave to Appeal (C) No(s). 9327/2024
Coram: Justices Hrishikesh Roy and Prashant Kumar Mishra
The Supreme Court has agreed to examine the question whether a company in which the shares are held by various Public Sector Undertakings, would be an instrumentality of the State, under Article 12 of the Constitution.
Case Title: Arvind Kejriwal v. Directorate of Enforcement, SLP(Crl) 5154/2024
Coram: Justices Sanjiv Khanna and Dipankar Datta
While hearing Delhi Chief Minister Arvind Kejriwal's plea challenging his arrest by the Enforcement Directorate in the Delhi Liquor Policy case, the Supreme Court expressed that it might consider the question of interim bail for the purposes of Lok Sabha Elections if the hearing gets delayed.
Supreme Court To Hear Senthil Balaji's Bail Plea In PMLA Case On May 15
Case Title: V. Senthil Balaji v. The Deputy Director, SLP(Crl) No. 3986/2024
Coram: Justices Abhay S Oka and Ujjal Bhuyan
The Supreme Court today posted to May 15 plea filed by MLA and former Minister V Senthil Balaji against a Madras High Court order denying him bail in a cash-for-jobs money laundering case.
The bench passed the order, taking into account Solicitor General Tushar Mehta's submission that the case would take some time.
Former Jharkhand Chief Minister Hemant Soren has approached the Supreme Court against the High Court's dismissal of the challenge to his arrest by the Enforcement Directorate in the land scam case. The former CM had urged for an early listing of the matter considering that the election phase begins on May 13.
Case Title: RAHUL VINODKUMAR BORAD @ JAIN VS. STATE OF MAHARASHTRA, SLP(Crl) No. 004551 / 2024
Coram: Justices JK Maheshwari and Sanjay Karol
The Supreme Court sought an explanation from its Registrar (Judicial) against the listing of the case without following the proper procedure.
The Special Leave Petition (Criminal) was filed and it was listed before the court without an exemption from the surrender application. This being not the practice of the court, the Bench asked the registry how the matter came to be listed without following the proper procedure.
Don't Harass TN District Collectors Unnecessarily : Supreme Court To ED
Case Details : Directorate of Enforcement v. State of Tamil Nadu & Ors. | Special Leave Petition (Criminal) No. 1959-1963 of 2024
Coram: Justices Bela M Trivedi and Pankaj Mithal
While hearing Enforcement Directorate's (ED) plea against certain District Collectors of Tamil Nadu over their non-appearance in relation to a sand mining money laundering case, the Supreme Court told the agency that it must not "harass" the Collectors unnecessarily.
Coram: Justices Hima Kohli and Ahsanuddin Amanullah.
Case Title: Indian Medical Association v. Union of India | W.P.(C) No. 645/2022
In a recent development, Patanjali MD Acharya Balkrishna has moved the Supreme Court with an application seeking action against certain "contemptuous" remarks made by the President of Indian Medical Association in an interview given to the media.
Supreme Court Posts Karnataka's Plea For Drought Relief Fund From Centre To July
Case Title: State of Karnataka v. Union of India and Ors., W.P.(C) No. 210/2024
Coram: Justices BR Gavai and Sandeep Mehta
The Supreme Court posted to July the hearing of the plea filed by Karnataka government against the Union of India for drought relief funds.
Case Title: Indian Medical Association v. Union of India | W.P.(C) No. 645/2022
The Central government has defended before the Supreme Court its letter asking State/UT licensing authorities to not take action against ads pertaining to Ayurvedic and Ayush products under Rule 170 of the Drugs and Cosmetic Rules, 1945 ("1945 Rules"). The development comes in the contempt case against Patanjali Ayurveda over the publication of misleading advertisements.
Case Title: Arvind Kejriwal v. Directorate of Enforcement, SLP(Crl) 5154/2024
Coram: Justices Sanjiv Khanna and Dipankar Datta
Arrested Delhi Chief Minister Arvind Kejriwal told the Supreme Court today that he is willing to furnish an undertaking to not "sign any official files" if released on interim bail in the excise policy case.
Case Title: Arvind Kejriwal v. Directorate of Enforcement, SLP(Crl) 5154/2024
Coram: Justices Sanjiv Khanna and Dipankar Datta,
During the hearing of Delhi CM Arvind Kejriwal's plea against ED arrest, Additional Solicitor General SV Raju told the Supreme Court that the agency has "evidence" against the AAP chief. The ASG further asserted that the ED was in no way concerned with the politics surrounding his arrest.
Case Details : MAKARAND ALIAS NANDU v. STATE OF MAHARASHTRA & ORS. CIVIL APPEAL NO. 14925/2017 & NITIN v. STATE OF MAHARASHTRA & ORS. CIVIL APPEAL NO.19834/2017
Coram: Justices Surya Kant and PS Narasimha
The Supreme Court, in a recent challenge against the disqualification of elected members of certain local municipalities in Maharashtra, held that elected representatives at the grass-roots level of democracy could not be thrown out of office at the 'whims and fancies' of civil servants or their 'political masters'.
Case Details: State of West Bengal v. Union of India | Original Suit No. 4 of 2021
Coram: Justices BR Gavai and Sandeep Mehta
The Supreme Court reserved its judgment on the maintainability of the original suit filed by the State of West Bengal, alleging that the Central Bureau of Investigation (CBI) continued to register and investigate cases despite its revocation of the general consent.
Case Title: Radhika Agarwal v. Union of India and Ors., W.P.(Crl.) No. 336/2018 (and connected matters)
Coram: Justices Sanjiv Khanna, MM Sundresh and Bela M Trivedi
While hearing the batch of petitions challenging penal provisions of CGST Act, etc. as non-compatible with CrPC and the Constitution, the Supreme Court yesterday expressed that safeguards against arrest are necessary. It also noted that there is no provision under the CGST Act for pre-payment prior to adjudication.
Arvind Kejriwal Can't Be Granted Interim Bail For Campaigning, ED Tells Supreme Court
A day before the Supreme Court hearing in the Arvind Kejriwal case, the Enforcement Directorate filed a fresh affidavit opposing the grant of interim bail to the Delhi Chief Minister in the Delhi liquor policy case.
Plea In Supreme Court Seeks ECI Action Against Alleged Hate Speeches Of PM Modi, Anurag Thakur & BJP
Case Details : Dr. Emani Anantha Satyanarayana Sarma & Anr v. Election Commission of India & Anr
A writ petition has been filed in the Supreme Court seeking directions to the Election Commission of India (ECI) to initiate appropriate action against hate speeches being delivered by political campaigners, especially those on behalf of the Bharatiya Janata Party (BJP) for the 2024 General Elections.
Case Title : SUHAS CHAKMA v. UNION OF INDIA |DIARY NO. - 19935/2020
Coram: Justices B. R. Gavai and Sandeep Mehta
The Supreme Court on Thursday observed that one of the solutions for overcrowding in prisons can be establishing open-air prisons/camps, and that it will also address the issue of rehabilitation of prisoners.
Case Details : IN RE: RIGHT TO PRIVACY OF ADOLESCENTS SMW(C) No. 000003 - / 2023
Coram: Justices AS Oka and Ujjal Bhuyan
In a case where a victim of a POCSO offence chose to reside with the accused, the Supreme Court on Thursday (May 9) said that there was a need for counselling by a professional psychologist to understand if the woman took an "informed decision."
Case Details : SURYA PRAKASH VS. UNION OF INDIA DIARY NO. - 23982/2023
The Supreme Court issued notice in a Public Interest Litigation which seeks directions to the Ministry of Finance, RBI, Ministry for Electronics & Information Technology and Ministry of Home Affairs to take appropriate steps against four foreign credit information companies for alleged financial data privacy violation of citizens.
Case : Association for Democratic Reforms v. Union of Inda | WP(c) 1382 OF 2019
The Association for Democratic Reforms (ADR) has filed an application in the Supreme Court seeking to direct the Election Commission of India to publish the absolute numbers of votes polled immediately.
Coram: Justices Sanjiv Khanna and Dipankar Datta
Case Title: AYUSH AGARWAL v. JAYPEE INFRATECH LTD. & ORS., Civil Appeal No. 5185/2024
The Supreme Court is set to determine whether the non-filing of a claim during the insolvency resolution process of a builder can result in the rejection of a homebuyer's claim for allotment of apartment.
Supreme Court Pulls Up Kerala Govt For Approaching HC Challenging NGT Order Which Was Upheld By SC
Coram: Justices Abhay S. Oka and Ujjal Bhuyan
The Supreme Court expressed displeasure at the State of Kerala for filing a writ petition before the Kerala High Court challenging an order of the National Green Tribunal after the same was upheld by the Supreme Court earlier.
Case Title: Udhayanidhi Stalin v. The State of Maharashtra and Ors., W.P.(Crl.) No. 104/2024
Coram: Justices Sanjiv Khanna and Dipankar Datta
The Supreme Court today issued notice on Tamil Nadu Minister Udhayanidhi Stalin's plea for clubbing of FIRs/criminal complaints registered against him across multiple states over his controversial 'Sanatana Dharma' remarks.
Case Details : MANIK BHATTACHARYA Versus DIRECTORATE OF ENFORCEMENT SLP(Crl) No. 016087 - / 2023
Coram: Justices Bela M Trivedi and Pankaj Mithal
The Supreme Court granted liberty to TMC MLA Manik Bhattacharya to withdraw his petition challenging the Calcutta High Court's rejection of bail in the money laundering related to cash for jobs scam. The Court has allowed Bhattacharya to file a fresh plea with any additional documents before the High Court and asked the High Court to consider the matter afresh and expeditiously.
Case Details: Chaitanya Sharma & Ors. v. Speaker, Himachal Pradesh Legislative Assembly & Ors. | Writ Petition (Civil) No. 156 of 2024
Coram: Justices Sanjiv Khanna and Dipankar Datta
A plea by six rebel MLAs of the Congress party challenging their disqualification from the Himachal Pradesh state assembly was withdrawn yesterday from the Supreme Court.
Case Details: RAM KOTUMAL ISSRANI v. DIRECTORATE OF ENFORCEMENT & ANR. Special Leave to Appeal (Crl.) No(s).6181/2024
Coram: Justices Hrishikesh Roy and Prashant Kumar Mishra
Recently, the Supreme Court issued notice in a plea challenging the legality of arrest of a person by the Enforcement Directorate who was summoned for interrogation late night and arrested the next morning while in confinement of the authorities. The main question that arose was whether the moment a person's liberty is confined by the authroities , it could be deemed as an official arrest, irrespective of the timing recorded in the arrest memo.
Case Title: SATYENDRA JAIN Versus S.C. VATS AND ORS., Diary No. 52890-2023
Justice Sanjiv Khanna of the Supreme Court recused today from a case filed by former Delhi Minister Satyendra Jain against Dr SC Vats, Chairman of the governing council of Vivekananda Institute of Professional Studies.
Case Title: HEMANT SOREN Versus DIRECTORATE OF ENFORCEMENT AND ANR., SLP(Crl) No. 6611/2024
Coram: Justices Sanjiv Khanna and Dipankar Datta
While arguing former Jharkhand Chief Minister Hemant Soren's petition challenging his arrest by the ED in an alleged land scam case, Senior Advocate Kapil Sibal told the Supreme Court today that Soren was not concerned about not being able to come out of jail. There was no doubt that he would come out, but the question was about the timing, said the senior counsel.
In the latest development, a plea has been filed before the Supreme Court seeking review of the judgment in the EVM-VVPAT case, vide which prayer for 100% cross-verification of EVM data with Voter Verifiable Paper Audit Trail (VVPAT) records was denied.
Early Hearing Sought For Plea In Supreme Court Seeking SIT Probe Into Electoral Bonds Bribery Issue
Coram: Justices Sanjiv Khanna & Dipankar Datta
Advocate Prashant Bhushan requested the Supreme Court for an early listing of a plea seeking a probe by a Special Investigation Team (SIT) into the alleged instances of quid pro quo in the Electoral Bonds Scheme.
Sandeshkhali Sting Video : Plea In Supreme Court Seeks SIT Probe To Ascertain Genuineness Of Video
An application has been filed in the Supreme Court seeking an independent investigation to ascertain the genuineness of the video of a sting operation which showed a person claiming that the false allegations of rape were raised by women in Sandeshkhali at the instance of BJP MLA Suvendhu Adhikari to cast Trinamool Congress leaders in bad light.
Case Details : Dr. Emani Anantha Satyanarayana Sarma & Anr v. Election Commission of India & Anr |Diary No. 22067-2024
Coram: Justices Vikram Nath and Satish Chandra Sharma
The Supreme Court dismissed a writ petition seeking direction to the Election Commission of India (ECI) against hate speeches allegedly given by Prime Minister Narendra Modi and Union Minister Anurag Thakur during the campaigns for Lok Sabha elections.
Case Title: Fatima v. The Chief Election Commissioner and Anr., Diary No(s). 21732/2024
Coram: Justices Vikram Nath and Satish Chandra Sharma
The Supreme Court refused to entertain a petition seeking to disqualify Prime Minister Narendra Modi from elections for allegedly making hate speeches and invoking religion during campaigns.
Coram: Justices BR Gavai and Sandeep Mehta
Solicitor General of India Tushar Mehta told the Supreme Court to ignore ill-informed criticism about the vacations of judges. SG underscored the hectic work schedule of judges by pointing out that "vacations" are not "real vacations" as judges spend the time for writing judgments. All are aware that judges are not working only from 10.30 AM to 4 PM, the law officer of the Union said.
Supreme Court Expresses Displeasure Over Registry Not Placing Case Orders In Case File
Case Title: THE STATE OF KARNATAKA VS. SARVABHOUM BAGALI, DIARY NO. - 48593/2023
Coram: Justices Abhay S. Oka and Ujjal Bhuyan
The bench stated that despite several orders being passed bringing the default to the notice of the Registry, no corrective steps are being taken by the Registry to cure the default of non-placing of the case orders in the case file.
Supreme Court Adjourns Bail Plea Of Bhima Koregaon Case Accused Jyoti Jagtap To July
Case Details: Jyoti Jagtap v. National Investigation Agency & Anr. | Special Leave Petition (Criminal) No. 5997 of 2023
The Supreme Court has adjourned the bail plea of activist and Bhima Koregaon case accused Jyoti Jagtap to July. It may be noted that the plea for interim bail was listed before the three-judge Bench of Justices Sanjiv Khanna, MM Sundresh, and Bela M Trivedi yesterday. However, it was re-listed for today.
Supreme Court Adjourns Bail Plea Of Former TN Minister Senthil Balaji Till July 10
Case Title: V. Senthil Balaji v. The Deputy Director, SLP(Crl) No. 3986/2024
Coram: Justices AS Oka and Ujjal Bhuyan
The Supreme Court has relisted to July 10 the bail plea of former Minister Senthil Balaji after adjournment was sought on behalf of the Solicitor General (SG) Mr Tushar Mehta as he was engaged in the matter of CM Kejriwal
Coram: Justices Sanjiv Khanna and Dipankar Datta
The Supreme Court refused to act against the statements made by Delhi Chief Minister Arvind Kejriwal that if votes were given to the Aam Aadmi Party (AAP), he would not have to go back to jail.
The Supreme Court on Wednesday (May 16) extensively heard the petition filed by Delhi Chief Minister Arvind Kejriwal challenging his arrest by the Enforcement Directorate (ED) under the Prevention of Money Laundering Act, 2002 (PMLA) in connection with the Delhi liquor policy case.
Parts Of UP Anti-Conversion Law Seem To Be Violating Article 25 Of Constitution: Supreme Court
Case Title : RAJENDRA BIHARI LAL AND ANR. v. STATE OF U.P. AND ORS.| W.P.(Crl.) No. 123/2023 and connected cases.
Coram: Justices J. B. Pardiwala and Manoj Misra
The Supreme Court orally commented that the Uttar Pradesh anti-conversion law [UP Prohibition of Unlawful Conversion of Religion Act, 2021] in some parts may seem to be violative of the fundamental right to religion guaranteed under Article 25 of the Constitution
Case Details: KERALA PSC VERSUS ATHIRA P. AND OTHERS SLP (C) DIARY NO. 16047 OF 2024
Coram: Justices Hima Kohli and Ahsanuddin Amanullah
The Supreme Court agreed to consider the issue of whether timelines fixed in the Notification for selections to public appointments issued by the Public Service Commission (KPSC) can be altered and postponed on account of the maternity period endured by women aspirants.
Case Title: Hemant Soren v. Directorate of Enforcement and Anr., SLP(Crl) No. 6611/2024
Coram: Justices Sanjiv Khanna and Dipankar Datta
The Supreme Court refused to consider former Jharkhand Chief Minister Hemant Soren's plea for interim bail in a money laundering case for the purposes of election campaigning.
Supreme Court Reserves Judgment On Delhi CM Arvind Kejriwal's Petition Challenging ED Arrest
Case Title: Arvind Kejriwal v. Directorate of Enforcement, Crl.A. No. 2493/2024
Coram: Justices Sanjiv Khanna and Dipankar Datta
The Supreme Court reserved judgment on the petition filed by Delhi Chief Minister Arvind Kejriwal challenging his arrest by the Enforcement Directorate (ED) under the Prevention of Money Laundering Act, 2002 (PMLA) in connection with the Delhi liquor policy case.
Case Details : Association for Democratic Reforms & Anr. v. Union of India | WP(C) 1382 OF 2019
Coram: Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Manoj Misra
The Supreme Court gave one week time to the Election Commission of India(ECI) to file its response to an application seeking directions to the ECI to upload on its website the scanned copies of Form 17-C (which records the number of votes polled in a booth) soon after the elections.
Supreme Court Reserves Judgment On Petitions Challenging Provisions Of CGST/SGST & Customs Act
Case Title: Radhika Agarwal v. Union of India and Ors., W.P.(Crl.) No. 336/2018 (and connected matters)
Coram: Justices Sanjiv Khanna, MM Sundresh and Bela M Trivedi
The Supreme Court on May 16 reserved judgment in a batch of petitions challenging the constitutional validity and interpretation of the provisions of CGST/SGST Act & Customs Act.
While various lawyers led arguments on behalf of the petitioners, including Senior Advocates Vikram Chaudhri and Siddharth Luthra, the respondent-authorities were represented by Solicitor General Tushar Mehta and ASG SV Raju.
Case Title: SUVENDU DEY VS. ELECTION COMMISSION OF INDIA., DIARY NO. - 19472/2023
Coram: Justices Surya Kant and KV Viswanathan
The Supreme Court granted a last opportunity to the Election Commission of India to submit the schedule for conducting the bye-election at Manicktala Constituency in Kolkata, West Bengal after the assembly seat fell vacant due to the dismissal of the election petition filed by the returning candidate challenging the election of TMC MLA Sadhan Pandey.
Case Title: THE STATE OF UTTARAKHAND & ANR v. IN THE MATTER OF THE PROTECTION OF FOREST, ENVIRONMENT, ECOLOGY, WILDLIFE ETC. FROM THE FOREST FIRE ETC., CIVIL APPEAL NO(S). 1249/2019
Coram: Justices B.R Gavai and Sandeep Mehta
The Supreme Court, while hearing the matter regarding forest fires ranging across the State of Uttarakhand, was informed by the Solicitor General Tushar Mehta that the State has taken the matter seriously. Further, the Court was also told that the Union officer alongwith the State's chief secretary and the Amicus Curiae would sit together to chalk out the modalities.
Case Title: State of West Bengal v. Dr. Sanat Kumar Ghosh & Ors. | Special Leave Petition (Civil) No. 17403 of 2023
Coram: Justices Surya Kant and KV Vishwanathan
The Supreme Court, while hearing an ongoing dispute between the West Bengal government and Governor CV Anand Bose(Chancellor of Universities) regarding the appointment of interim vice-chancellors (VC), warned both the parties that it will appoint the VCs if the parties fail to do it amicably.
Case Details : PRAGYA PRASUN VS. UNION OF INDIA W.P.(C) No. 000289 - / 2024
Coram: CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra
The Supreme Court agreed to consider the issue of the lack of guidelines for an inclusive digital KYC process for acid attack survivors and persons with permanent eye damage.
The petitioners seek directions to the Central authorities for framing appropriate guidelines providing for alternative methods to conduct the Digital KYC/e-KYC (Electronic Know Your Customer) process for acid attack survivors suffering from permanent eye-disfigurement or eye burns, with the view to make the Digital KYC/e-KYC process more accessible and inclusive towards all disabled persons, particularly acid attack survivors.
Coram: Justices P.S. Narasimha and Sanjay Karol
Today, the Supreme Court, while hearing a civil appeal, orally stressed that the young members of the bar should be given the opportunity to argue during vacation time.
Advocate Mehmood Pracha, who contested in the Lok Sabha elections as an independent candidate from Rampur(UP) constituency, has filed an intervention application in the Supreme Court saying that the Returning Officer has not furnished to him the copies of the Form 17C record of votes polled in the constituency.
Case Title: Hemant Soren v. Directorate of Enforcement and Anr., SLP(Crl) No. 6611/2024
Coram: Justices Sanjiv Khanna and Dipankar Datta
In the latest development, the Enforcement Directorate has filed a reply before the Supreme Court, opposing the interim bail plea of former Jharkhand Chief Minister Hemant Soren, who is in judicial custody since his arrest by the agency in a money laundering case related to an alleged land scam.
Case Title : Pukhraj v. State of Rajasthan
Coram: Justices JB Pardiwala and Manoj Misra
The Supreme Court has held that an order passed under the Narcotic Drugs and Psychotropic Substances Act 1985 (NDPS Act) for the confiscation of a vehicle will be illegal if it was passed without hearing the owner of the vehicle.
Case Title: Hemant Soren v. Directorate of Enforcement and Anr., SLP(Crl) No. 6611/2024
Coram: Justices Dipankar Datta and Satish Chandra Sharma
While hearing former Jharkhand Chief Minister Hemant Soren's petition challenging his arrest by the Enforcement Directorate (ED), the Supreme Court asked if the validity of arrest can be examined after the trial court has taken cognizance of the ED complaint and rejected the regular bail application of Soren.
Case Title: BASUDHA CHAKRABORTY & ANR. VERSUS NEETA CHAKRABORTY
Coram: Justices Dipankar Datta and Satish Chandra Sharma
Observing that the personal presence of the litigant suffering from ailments can be sought through a virtual medium when there's a facility in the High Court to appear through a virtual mode, the Supreme Court provided a relief to the litigant by staying an operation of the Calcutta High Court's order which had directed the personal appearance of the litigant.
Case Details: GANESHKUMAR RAJESHWARRAO SELUKAR & ORS. v. MAHENDRA BHASKAR LIMAYE & ORS., Diary No(s). 45299/2023
Coram: Justices P.S. Narasimha and Sanjay Karol
The Supreme Court ordered that it will hear a batch of an appeals against the Supreme Court against the judgment of the Bombay High Court(Nagpur Bench) which struck down Rule 6(1) of the Consumer Protection Rules, 2020, next week. Rule 6 talks about 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.
Case Title: JAMMU AND KASHMIR BANK LIMITED v. M/S HOTEL ALPINE RIDGE & ORS., Petition(s) for Special Leave to Appeal (C) No(s). 6897/2024
Coram: Justices Abhay S Oka and Ujjal Bhuyan
The Supreme Court, while hearing a SLP pertaining to the absence of Debt Recovery Tribunals within the Union Territories (UTs) of Jammu and Kashmir and Ladakh, was informed that these tribunals have not been established in a large number of States.
In a veiled reference to economist and member of the Prime Minister's Economic Advisory Council Sanjeev Sanyal's criticism of the Supreme Court's working hours, Justice Dipankar Datta today said that those who castigate the judiciary should work towards putting a stop to the delays caused by authorities in pursuing remedies before the court.
Case Title: ASHISH REDU VS. GOVERNMENT OF KARNATAKA., W.P.(C) No. 332/2024
Coram: Justices P.S. Narasimha and Sanjay Karol.
The Supreme Court issued notice in a writ petition filed challenging a notification issued by the Karnataka Government that required the medical students to fulfill one year of compulsory public rural service in order to be eligible for permanent registration with the Karnataka Medical Council.
Case: Association for Democratic Reforms v. Union of India | WP(C) 1382 of 2019
In the latest development, the Election Commission of India has opposed the plea for public disclosure of the copies of Form 17C (the statutory record of votes polled in a polling station).
The Bharatiya Janata Party (BJP) has approached the Supreme Court against the Calcutta High Court's order restraining it from printing certain derogatory advertisements against the Trinamool Congress (TMC), which are derogatory and violated the Model Code of Conduct during the Lok Sabha Elections, 2024.
Arvind Kejriwal Moves Supreme Court Seeking Extension Of Interim Bail In Delhi Liquor Policy Case
Coram: Justices Sanjiv Khanna and Dipankar Datta
In the latest development, Delhi Chief Minister Arvind Kejriwal has moved the Supreme Court seeking extension of interim bail granted to him in the Delhi Liquor Policy case on May 10.
The Aam Aadmi Party chief, who was released from judicial custody as an interim measure for the purposes of campaigning during Lok Sabha elections, said that he has to undergo diagnostic tests/investigations, including PET-CT Scan. He seeks an extension of the relief for a period of 7 days.
Case Title: BHARATIYA JANATA PARTY v. ALL INDIA TRINAMOOL CONGRESS AND ORS., Diary No. 24545-2024
Coram: Justices JK Maheshwari and KV Viswanathan
The Supreme Court refused to entertain a plea filed by Bharatiya Janata Party (BJP) against Calcutta High Court orders restraining it from publishing certain advertisements in respect of All India Trinamool Congress (AITMC/TMC) during the Lok Sabha Elections, which were allegedly derogatory and violated the Model Code of Conduct.
Case Details: Shailendra Mani Tripathi v. BCI Diary No. 24405/2024
A writ petition has been filed in the Supreme Court seeking directions to amend the rules and the Advocate Act 1961 to exempt the lawyers from wearing the traditional black coats and gowns in the scorching heat of the summer months.
Case Title: SAYYED USMA MEHMOOD AND ORS. Versus UNION OF INDIA AND ORS., SLP(C) No. 12428/2024
Eight NEET-qualified students have filed a plea before the Supreme Court for regularization of provisional admissions granted to them by a Unani College to the BUMS Course. The matter will be heard after one week.
Case Title: GOVERNMENT OF NCT OF DELHI Versus STATE OF HARYANA AND ORS., Diary No. 25504-2024
In a recent development, the Delhi government has approached the Supreme Court seeking directions to the State of Haryana for immediate release of water to the crisis-hit national capital.
Referring to the severe heatwave conditions prevailing in north India, particularly Delhi, the plea states that there is extraordinary and excessive surge of water demand in the capital. It is facing acute shortage, despite the government taking all possible administrative measures to ensure optimization, rationing and targeted supply. As such, there is need for additional water supply.
