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Supreme Court Monthly Round-Up: December 2023
Suraj Kumar
2 Jan 2024 12:36 PM IST
Citations: 2023 LiveLaw (SC) 1026 To 2023 LiveLaw (SC) 1071Dr. Premchandran Keezhoth v The Chancellor Kannur University 2023 LiveLaw (SC) 1025Pavnesh Kumar v. Union of India 2023 LiveLaw (SC) 1026Manoranjan Rout v. State of Odisha 2023 LiveLaw (SC) 1028Madhavan Through Lrs. v. Kanakavally 2023 LiveLaw (SC) 1030Bharat Petroleum Corporation Ltd v. ATM Constructions Pvt Ltd. 2023 LiveLaw...
Citations: 2023 LiveLaw (SC) 1026 To 2023 LiveLaw (SC) 1071
Dr. Premchandran Keezhoth v The Chancellor Kannur University 2023 LiveLaw (SC) 1025
Pavnesh Kumar v. Union of India 2023 LiveLaw (SC) 1026
Manoranjan Rout v. State of Odisha 2023 LiveLaw (SC) 1028
Madhavan Through Lrs. v. Kanakavally 2023 LiveLaw (SC) 1030
Bharat Petroleum Corporation Ltd v. ATM Constructions Pvt Ltd. 2023 LiveLaw (SC) 1031
Benny Dsouza v. Melwin Dsouza 2023 LiveLaw (SC) 1032
Eldeco Housing and Industries Ltd. v. Ashok Vidyarthi 2023 LiveLaw (SC) 1033
Additional Tahsildar v. Urmila G. 2023 LiveLaw (SC) 1034
Mohit Singhal v. State of Uttarakhand 2023 LiveLaw (SC) 1035
Ram Naresh v. State of UP 2023 LiveLaw (SC) 1036
Shashi Kant Sharma v. State of UP 2023 LiveLaw (SC) 1037
State of Jharkhand v. Dhananjay Gupta 2023 LiveLaw (SC) 1038
Digvijaysinh Himmatsinh Jadeja v. State of Gujarat 2023 LiveLaw (SC) 1039
Government of NCT of Delhi v. Union of India 2023 LiveLaw (SC) 1040
Mahalakshmi v. State of Karnataka 2023 LiveLaw(SC) 1041
Cox and Kings Ltd v. SAP India Pvt Ltd 2023 LiveLaw (SC) 1042
Dr PN Shukla v. Union of India 2023 LiveLaw (SC) 1044
Dr PN Shukla v. Union of India 2023 LiveLaw (SC)1045
Kunal Choudhary v. State of Jharkhand 2023 LiveLaw (SC) 1045
Harpal Singh v. State of Haryana 2023 LiveLaw (SC) 1046
New India Assurance Co. Ltd. v. Anand Pal 2023 LiveLaw (SC) 1047
Commissioner Of Income Tax v M/s Jindal Steel & Power Limited 2023 LiveLaw (SC) 1048
Gohar Mohammed v. Uttar Pradesh State Road Transport Corporation 2023 LiveLaw (SC) 898
Harpal Singh v. State of Haryana 2023 LiveLaw (SC) 1046
In Re Interplay Between Arbitration Agreements Under The Arbitration And Conciliation Act 1996 And The Indian Stamp Act 1899 2023 LiveLaw (SC) 1049
In Re Article 370 of the Constitution of India 2023 LiveLaw (SC) 1050
Hari Babu Thota v. Other 2023 LiveLaw (SC) 1051
Sekaran v. State of TN 2023 LiveLaw (SC) 1052
Krishna Kumar v. The State Of Uttar Pradesh 2023 LiveLaw (SC) 1053
P.C. MODI v. THE JAWAHARLAL NEHRU VISHWA VIDYALAYA 2023 LiveLaw (SC) 1054
Afjal Ansari v. State of UP 2023 LiveLaw (SC) 1055
Koushik Mutually Aided Cooperative Housing Society v. Ameena Begum 2023 LiveLaw (SC) 1056
Saumya Chaurasia v. Directorate of Enforcement 2023 LiveLaw (SC) 1057
Union of India V. AIR Commodore NK Sharma 2023 LiveLaw (SC) 1058
Ram Kishor Arora v. Directorate of Enforcement 2023 LiveLaw (SC) 1059
Sanjay Pandurang Kalate v Vistra ITCL (India) Limited 2023 LiveLaw (SC) 1060
Mohammed Abdul Wahid v. Nilofer 2023 LiveLaw (SC) 1061
Kavish Gupta v. State of Chhattisgarh 2023 LiveLaw (SC) 1062
Sushma Shiv Kumar Daga v. Madhurkumar Ramkrishnaji Bajaj 2023 LiveLaw (SC) 984
Haldiram Incorporation Pvt Ltd. v. Amrit Hatcheries Pvt. Ltd 2023 LiveLaw (SC) 1029
Maheshwari Yadav v. State of Bihar 2023 LiveLaw (SC) 1063
M/S North Eastern Chemicals Industries (P) Ltd.& Anr. V M/S Ashok Paper Mill (Assam) Ltd. 2023 LveLaw (SC) 1064
State of Haryana and Ors v. Dinesh Singh and Anr. 2023 LiveLaw (SC) 1065
Rajpal v. State of Rajasthan 2023 LiveLaw (SC) 1066
Manik Hiru Jhangiani v. State of MP 2023 LiveLaw (SC) 1067
Malik Mazhar Sultan v UP Public Services Commission 2023 LiveLaw (SC) 1068
Chhote Lal v. Rohtash 2023 LiveLaw (SC) 1069
Shakti Yezdani v. Jayanand Jayant Salgaonkar 2023 LiveLaw (SC) 1071
Sayunkta Sangharsh Samiti v. State of Maharashtra 2023 LiveLaw (SC) 1071
Case Title: Gohar Mohammed v. Uttar Pradesh State Road Transport Corporation
Citation: 2023 LiveLaw (SC) 898
The Supreme Court has directed the National Legal Services Authority (NALSA) to prepare a scheme with suggestions for the implementation of the amended Motor Vehicles Act and the Central Motor Vehicles Rules.
The order was passed by a bench of Justice J K Maheshwari and Justice K V Viswanathan that has been hearing a matter related to the implementation of the amended Motor Vehicles Act and the Central Motor Vehicles Rules.
Cancellation Of Deed Is Action In Personam, Not In Rem; It Is Arbitrable: Supreme Court
Case Title: SUSHMA SHIV KUMAR DAGA v. MADHURKUMAR RAMKRISHNAJI BAJAJ., Citation: 2023 LiveLaw (SC) 984
Recently, the Supreme Court (December 15) allowed arbitration between the parties in a property dispute based on the broad language of the arbitration clause in the Tripartite Agreements.
The Court rejected the argument that since the suit was for cancellation of a deed, the dispute was not arbitrable, as the action was in rem. The Court held that cancellation of a deed was an action in personam and hence arbitrable.
Case Title: Dr. Premchandran Keezhoth & Anr v The Chancellor Kannur University
Citation: 2023 LiveLaw (SC) 1025
While setting aside the re-appointment of Dr. Gopinath Ravindran as the Vice-Chancellor (VC) of the Kannur University in Kerala, the Supreme Court on Thursday (30.11.2023) underlined that while acting as a Chancellor of a State University, the Governor of the State acted in his capacity and not on the aid and advice of the council of ministers
Case title: Pavnesh Kumar v. Union of India
Citation: 2023 LiveLaw (SC) 1026
The Supreme Court recently distinguished between normal promotions and promotions through Limited Department Competitive Exams(LDCE). LDCE, being a competitive selection process, allows for accelerated promotions based on merit, and the criteria are specific to the competitive examination rather than regular promotions.
Case Title: Manoranjan Rout v. State of Odisha
Citation: 2023 LiveLaw (SC) 1028
The Supreme Court recently said that once a court concludes that a person is entitled to bail, bail cannot be granted only for a limited period.
Case Status: HALDIRAM INCORPORATION PVT. LTD. vs. AMRIT HATCHERIES PVT. LTD.,
Citation: 2023 LiveLaw (SC) 1029
Recently, the Supreme Court (on December 06) observed that the properties of a defaulting borrower sold in an auction sale could not be treated as liquidation assets if the sale was concluded before the declaration of a moratorium under the Insolvency and Bankruptcy Code 2016.
Case Title: MADHAVAN (DEAD)THROUGH LRS. v. KANAKAVALLY
Citation: 2023 LiveLaw (SC) 1030
The Supreme Court, while denying the plea of specific performance for execution of the re-conveyance deed, noted that such a claim implies that the opposite party (against whom the claim is being made) is the owner. Whereas, on the other hand, it was pleaded that the opposite party did not have any right or title over such property.
Case Title: M/s Bharat Petroleum Corporation Ltd v. ATM Constructions Pvt Ltd.
Citation: 2023 LiveLaw (SC) 1031
The Supreme Court has held that a suit for possession and a suit for claiming damages for the use and occupation of the property are two different causes of action. Hence, a second suit was filed claiming damages for the use and occupation of the premises were maintainable after a suit for possession.
Case Title: BENNY DSOUZA vs. MELWIN DSOUZA, Diary No.- 42876 - 2023
Citation: 2023 LiveLaw (SC) 1032
The Supreme Court stated that if the appellant does not appear when the appeal is called for a hearing, then the same can be dismissed for non-prosecution and not on merits. These findings were in the context of an explanation provided in Order XLI Rule 17 of the Civil Procedure Code, 1908.
Case Title: ELDECO HOUSING AND INDUSTRIES LIMITED v. ASHOK VIDYARTHI
Citation: 2023 LiveLaw (SC) 1033
Recently, the Supreme Court (on November 30) held that no amount of evidence or merits of the controversy could be examined at the stage of deciding rejection of a plaint application under Order VII Rule 11 of the Code of Civil Procedure, 1908 (C.P.C.). It may be noted that this order provides the grounds on which the Court shall reject a plaint.
The Bench of Justices Vikram Nath and Rajesh Bindal supported the above observation by referring to the catena of judgments regarding the application of Order VII Rule 11 of CPC.
Case Title: ADDITIONAL TAHSILDAR V. URMILA G.
Citation: 2023 LiveLaw (SC) 1034
The Supreme Court recently held that the Lok Ayukta, under the Kerala Lok Ayukta Act 1999, cannot issue positive directions and that it only has the jurisdiction to submit a report to the concerned authority with its recommendations.
Case title: Mohit Singhal v. State of Uttarakhand
Citation: 2023 LiveLaw (SC) 1035
The Supreme Court, while quashing a case for abetment of suicide against an accused, discussed the essentials to convict a person under Section 306 of the Indian Penal Code(IPC). It is pertinent to note that “Abetment” is defined under section 107 IPC.
The Court explained that, for the first part of Section 107 to apply, the accused must have intentionally encouraged and pushed the person intensely to commit suicide. He must have planned it and his act should be very close to the time when the person actually committed suicide.
Case title: Ram Naresh v. State of UP
Citation: 2023 LiveLaw (SC) 1036
The Supreme Court recently clarified that for Section 34(common intention) of the Indian Penal Code to be applicable, there must be a common intention among all co-accused individuals, indicating a shared purpose and design. Notably, common intention doesn't necessitate explicit discussions or agreements among the co-accused; it is a psychological aspect that can arise just before or during the commission of the offense.
Case Title: SHASHI KANT SHARMA v. THE STATE OF UTTAR PRADESH
Citation: 2023 LiveLaw (SC) 1037
The Supreme Court recently (on December 01) reiterated that if the necessary ingredients of an offense are not made out from the admitted evidence of the prosecution, then the Court is not obligated to frame a charge for such an offence against the accused.
"...there is also a long line of precedents that from the admitted evidence of the prosecution as reflected in the documents filed by the Investigating Officer in the report under Section 173 CrPC, if the necessary ingredients of an offence are not made out then the Court is not obligated to frame charge for such offence against the accused," the Court said. Reference was made to judgment rendered in the case of Suresh @ Pappu Bhudharmal Kalani Vs. State of Maharashtra reported in AIR 2001 SC 1375.
Case Title: THE STATE OF JHARKHAND v. DHANANJAY GUPTA @ DHANANJAY PRASAD GUPTA
Citation: 2023 LiveLaw (SC) 1038
The Supreme Court, while hearing an appeal against the order passed by the Jharkhand High Court allowing a bail application for an accused charged with an attempt to murder, observed that simply asserting innocence or agreeing to participate in the trial is not a valid reason for granting bail to an accused in serious offences.
Case Title: DIGVIJAYSINH HIMMATSINH JADEJA vs. THE STATE OF GUJARAT
Citation: 2023 LiveLaw (SC) 1039
The Supreme Court recently set aside a 2017 judgment of the Gujarat High Court which quashed an FIR registered by the Gujarat Police in 2015 against businessman Mehul Chinubhai Choksi, who turned fugitive and left India in 2017 following the PNB loan scam case.
Case: Government of NCT of Delhi v. Union of India
Citation: 2023 LiveLaw (SC) 1040
In the judgment upholding the power of the Central Government to appoint the Chief Secretary of the Government of the National Capital Territory of Delhi, the Supreme Court observed, "The actions (or inactions) of the Chief Secretary must not put the elected government at a standstill."
Case Title: Mahalakshmi v. State of Karnataka
Citation : 2023 LiveLaw(SC) 1041
Recently, the Supreme Court (on November 30) while quashing the criminal proceedings for the offense of cruelty under Section 498A of the Indian Penal Code, 1860, observed that one occurrence, unless serious, with no clear evidence of involvement in the complainant's life, is not sufficient to implicate a person under this provision.
“One instance unless portentous, in the absence of any material evidence of interference and involvement in the marital life of the complainant, may not be sufficient to implicate the person as having committed cruelty under section 498A of the IPC.,” the bench of Justices Sanjiv Khanna and S.V.N Bhatti observed.
Case: Cox and Kings Ltd v. SAP India Pvt Ltd | ARBIT. PETITION No. 38/2020
Citation: 2023 LiveLaw (SC) 1042
While approving the 'group of companies' doctrine in the arbitration law jurisprudence, the Supreme Court clarified that the principle of "alter ego" or "piercing the corporate veil" cannot be the basis for applying this doctrine.
Arbitration Agreement Can Bind Non-Signatories: Supreme Court Upholds 'Group Of Companies' Doctrine
Case: Cox and Kings Ltd v. SAP India Pvt Ltd
Citation: 2023 LiveLaw (SC) 1042
A Constitution Bench of the Supreme Court on Wednesday (December 6) held that an arbitration agreement can bind non-signatories as per the "group of companies" doctrine.
"The 'group of companies' doctrine must be retained in the Indian arbitration jurisprudence considering its utility in determining the intention of the parties in the context of complex transactions involving multiple parties and multiple agreements," the Court observed.
Case title: Dr PN Shukla v. Union of India
Citation: 2023 LiveLaw (SC) 1044
The Supreme Court recently rebuked the authorities involved in granting a higher pay scale to an employee(respondent No. 4) at the Commission for Scientific and Technical Terminology (CSTT). The Court questioned the apparent collusion between authorities and the employee who received special treatment from the authorities, leading to the unjustifiable grant of a higher pay scale.
Case Title: Dr PN Shukla v. Union of India
Citation: 2023 LiveLaw (SC) 1045
The Supreme Court recently directed certain public servants to reimburse the loss caused to the public exchequer by their illegal decisions.
Case Title: Kunal Choudhary v. State of Jharkhand
Citation: 2023 LiveLaw (SC) 1045
Recently, the Supreme Court observed that while granting anticipatory bail to the accused husband under Section 498A of the IPC, a condition that the husband shall take his wife to his house and maintain and honor her, cannot be imposed.
Case Title: Harpal Singh v. State of Haryana
Citation: 2023 LiveLaw (SC) 1046
Recently, the Supreme Court (on December 04) categorically held that in proceedings initiated for bounced cheques (under Section 138 of the Negotiable Instruments Act), the defence that there are sufficient funds in the other bank accounts cannot be appreciated.
“In a proceeding under Section 138 of the Negotiable Instruments Act, the accused cannot rely upon other bank accounts for the dishonoured cheque which relates to specific bank account of the accused," held the bench of Justices Hrishikesh Roy and Sanjay Karol.
Case Title: THE NEW INDIA ASSURANCE COMPANY LIMITED v. ANAND PAL
Citation : 2023 LiveLaw (SC) 1047
Recently, the Supreme Court, in its order dated December 04, rejected the compensation awarded to the brothers (respondents) of the deceased victim under the Motor Vehicles Act, 1988. The Court did not accept that three older married siblings would be dependent on the victim's earnings. Apart from this, the Court also noted that the victim was living separately and not with his brothers.
“The siblings of the victim were older and were married with their own respective families. In these circumstances, they being dependent on the victim's earnings is unlikely particularly when the victim resided separately.,” Justices Hrishikesh Roy And Sanjay Karol.
Case Title: Commissioner Of Income Tax v M/s Jindal Steel & Power Limited
Citation: 2023 LiveLaw (SC) 1048
The Supreme Court has held that for the purpose of computing deduction under Section 80 IA of the Income Tax Act, 1961, the rate at which the State Electricity Board supplies power to the consumers has to be taken as the market value of electricity.
Section 80-IA of the Income Tax Act deals with deductions in respect of profits and gains from industrial undertakings or enterprises engaged in infrastructure development etc. M/s Jindal Steel & Power Limited (“Assessee”) had set up captive power generating units to supply electricity to its industrial units and supplied surplus to the State Electricity Board. Assessee claimed deduction under Section 80-IA in respect to profits of the power generating units. The Revenue reduced the claimed deduction amount while holding that the deduction should be computed at the price at which electricity was supplied by the Assessee to the State Electricity Board.
Case Title: In Re Interplay Between Arbitration Agreements Under The Arbitration And Conciliation Act 1996 And The Indian Stamp Act 1899
Citation: 2023 LiveLaw (SC) 1049
A seven-judge bench of the Supreme Court on Wednesday (December 13) ruled that arbitration clauses in unstamped or inadequately stamped agreements are enforceable. Insufficiency of stamping does not make the agreement void or unenforceable but makes it inadmissible in evidence. However, it is a curable defect as per the Indian Stamp Act, the Court pointed out.
The Court overruled the judgment rendered by a 5-judge bench in April this year in M/s. N.N. Global Mercantile Pvt. Ltd. v. M/s. Indo Unique Flame Ltd. And Ors which had by a 3:2 majority held that unstamped arbitration agreements are not enforceable.
Case Title: In Re Interplay Between Arbitration Agreements Under The Arbitration And Conciliation Act 1996 And The Indian Stamp Act 1899
Citation: 2023 LiveLaw (SC) 1049
On December 13, the Supreme Court ruled that arbitration clauses in unstamped or inadequately stamped agreements were enforceable. In doing so, the Court overruled the judgment rendered by a 5-judge bench in April this year in M/s. N.N. Global Mercantile Pvt. Ltd. v. M/s. Indo Unique Flame Ltd. And Ors which had by a 3:2 majority held that unstamped arbitration agreements are not enforceable.
Case Title: In Re Article 370 of the Constitution of India
Citation: 2023 LiveLaw (SC) 1050
Supreme Court judge Justice Sanjay Kishan Kaul, in his judgment approving the repeal of the special status of Jammu and Kashmir under Article 370 of the Constitution, recommended the setting up of a "Truth and Reconciliation Commission" to investigate and report on the human rights violations carried out by both the State and non-State actors in the Kashmir valley at least since 1980s.
Case Title: In Re Article 370 of the Constitution of India
Citation: 2023 LiveLaw (SC) 1050
The Supreme Court today (11.12.2023) directed the Union Government to expedite the process of restoration of statehood for Jammu and Kashmir (without the Union Territory of Ladakh).
Case Title: In Re Article 370 of the Constitution of India
Citation: 2023 LiveLaw (SC) 1050
The Supreme Court on December 11 upheld the validity of the Union Government's 2019 decision to repeal the special status of Jammu and Kashmir (J&K) under Article 370 of the Constitution. The Court held that the State of J&K had no internal sovereignty and the concurrence of the State Government was not required to apply the Indian Constitution to the State of J&K. It was held that Article 370 was a temporary provision.
Case Title: In Re Article 370 of the Constitution of India
Citation: 2023 LiveLaw (SC) 1050
A Constitution Bench of the Supreme Court yesterday upheld the validity of the Union Government's 2019 decision to repeal the special status of Jammu and Kashmir (J&K) under Article 370 of the Constitution.
Case Title: In Re Article 370 of the Constitution of India
Citation: 2023 LiveLaw (SC) 1050
While upholding the repeal of the special status of Jammu and Kashmir under Article 370 of the Constitution, the Supreme Court also affirmed the power of the Parliament to carve out a Union Territory from a State.
Holding so, a Constitution Bench led by Chief Justice of India DY Chandrachud upheld the Jammu and Kashmir Reorganisation Act 2019 to the extent it created the Union Territory of Ladakh out of the erstwhile State of J&K. However, the Court did not go into the issue whether the conversion of State of J&K into a Union Territory was valid. This was in view of the undertaking given by the Union Government that the statehood of J&K(without Ladakh) will be restored at the earliest.
Case Title: Hari Babu Thota v. Other
Citation: 2023 LiveLaw (SC) 1051
The Supreme Court has held that for the purpose of Section 240A of Insolvency and Bankruptcy Code, 2016 (“IBC”), the cut-off date to determine the eligibility of a resolution applicant to submit a resolution plan, is the date on which the resolution plan was submitted and not the date on which Corporate Insolvency Resolution Process (“CIRP”) commenced.
Case Title: Hari Babu Thota
Citation: 2023 LiveLaw (SC) 1051
The Supreme Court has held that the Promoter of a Corporate Debtor is eligible to submit a resolution plan in terms of Section 240A of the Insolvency and Bankruptcy Code, 2016 (“IBC”), even if the Corporate Debtor was registered as Micro Small Medium Enterprise (“MSME”) after commencement of Corporate Insolvency Resolution Process (“CIRP”)
Delay In Filing FIR Not Satisfactorily Explained Could Be Fatal To Prosecution Case: Supreme Court
Case Title: Sekaran v. State of TN
Citation: 2023 LiveLaw (SC) 1052
The Supreme Court on Tuesday acquitted a man convicted by the High Court of Madras under Section 304 (culpable homicide not amounting to murder) of the IPC, holding that the prosecution was unable to establish the accusation against him beyond a reasonable doubt. The Court said he was entitled to be acquitted as it is what the justice of the case demands.
Mere Absconding By Accused & Remaining Untraceable For Long Can't Establish Guilt: Supreme Court
Case Title: SEKARAN V. THE STATE OF TAMIL NADU
Citation: 2023 LiveLaw (SC) 1052
The Supreme Court on Tuesday (12.12.2023) acquitted a man convicted by the High Court of Madras under Section 304 (culpable homicide not amounting to murder) of the IPC, holding that the prosecution was unable to establish the accusation against him beyond reasonable doubt. The Court said he was entitled to be acquitted as it is what the justice of the case demands.
Case Title: Krishna Kumar v. The State Of Uttar Pradesh
Citation: 2023 LiveLaw (SC) 1053
The Supreme Court (on December 01), while hearing a criminal appeal, expressed its shock at the conduct of an advocate for refusing to argue before the High Court
Case Title: P.C. MODI v. THE JAWAHARLAL NEHRU VISHWA VIDYALAYA
Citation: 2023 LiveLaw (SC) 1054
Recently (on December 13), the Supreme Court observed that merely because a Physical Training Instructor (PTI) is not expected to conduct classes within four walls of the college, it would not make him ineligible for being treated as a teacher.
Case Title: Afjal Ansari v. State of UP
Citation: 2023 LiveLaw (SC) 1055
The Supreme Court, by a 2:1 majority, on Thursday(December 14) suspended the conviction of BSP MP Afzal Ansari in a case under the UP Gangster Act case, paving the way for the restoration of his membership in the Lok Sabha. Though the Court held that a legislator from the Ghazipur constituency can attend the House proceedings, he will not be able to cast his votes or draw perks or monetary benefits.
Case Title: Koushik Mutually Aided Cooperative Housing Society v. Ameena Begum
Citation: 2023 LiveLaw (SC) 1056
The Supreme Court recently held that a Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) is not maintainable against the dismissal of an application filed under Order IX Rule 13 of the CPC to set aside an ex-parte decree
“When there is an express provision available under the CPC or any statute under which an appeal is maintainable, by-passing the same, a Revision Petition cannot be filed. It is needless to observe that in the absence of an appellate remedy, a revision may be maintainable” the bench of Justice BV Nagarathna and Justice Ujjal Bhuyan stated.
Case Details: Saumya Chaurasia v. Directorate of Enforcement
Citation: 2023 LiveLaw (SC) 1057
Yesterday, while dismissing the bail plea of Saumya Chaurasia, the-then deputy secretary to former Chhattisgarh Chief Minister Bhupesh Baghel, in a money laundering case, the Supreme Court observed that nowadays educated and well-placed women in the society engage themselves in commercial ventures and enterprises, and advertently or inadvertently engage themselves in illegal activities.
The first proviso to Section 45 of the Prevention of Money Laundering Act, 2002, could not be construed as obligatory or mandatory, it said
Case Details: Saumya Chaurasia v. Directorate of Enforcement
Citation: 2023 LiveLaw (SC) 1057
The Supreme Court recently observed that advocates settle pleadings and argue in court on instructions given by the clients, they also have the duty to diligently verify the facts from the record of the case.
"It cannot be gainsaid that every party approaching the court seeking justice is expected to make full and correct disclosure of material facts and that every advocate being an officer of the court, though appearing for a particular party, is expected to assist the court fairly in carrying out its function to administer the justice," observed a bench comprising Justices Aniruddha Bose and Bela Trivedi.
Case Title: Union of India V. AIR Commodore NK Sharma, Civil Appeal No. 14524 of 2015
Citation: 2023 LiveLaw (SC) 1058
The Supreme Court on Thursday (14.12.2023) held that a Tribunal subject to the High Court's jurisdiction under Article 226, cannot be permitted by law, to direct the framing of a policy by the Government.
A bench of Justice Abhay S Oka and Justice Sanjay Karol was considering whether the Armed Forces Tribunal (AFT) could have issued a direction to the Government to frame a policy for filling up the post of Judge Advocate General (Air). It has been observed time and again that a court cannot direct for a legislation or a policy to be made, the Apex Court said in this regard.
Case Title: Ram Kishor Arora v. Directorate of Enforcement
Citation: 2023 LiveLaw (SC) 1059
The Supreme Court on Friday (December 15) held that its judgment in Pankaj Bansal v. Union of India which held that the Directorate of Enforcement (ED) must furnish the grounds of arrest to the accused in writing does not apply retrospectively.
A bench comprising Justices Bela M Trivedi and Satish Chandra Sharma held that non-furnishing of grounds of arrest till the date of pronouncement in Pankaj Bansal (October 3, 2023) cannot be held to be illegal.
Case Title: Sanjay Pandurang Kalate v Vistra ITCL (India) Limited and Others
Citation.: 2023 LiveLaw (SC) 1060
The Supreme Court has held that when a matter is heard by the National Company Law Tribunal (“NCLT”) on a particular date but the order is pronounced on another date, then NCLT must refrain from affixing the date of hearing on the order. The requirement of pronouncement of order cannot be dispensed with, since under the NCLT Rules, 2016 there is a distinction between 'hearing' and 'pronouncement'.
Case Title: Sanjay Pandurang Kalate v Vistra ITCL (India) Limited and Others
Case No.: Civil Appeal Nos 7467-7468 of 2023
The Supreme Court has held that when the National Company Law Tribunal (“NCLT”) hears a matter on a particular date but does not pronounce the order on the same date, then the limitation for filing an appeal from such order before the National Company Law Appellate Tribunal (“NCLAT”) under Section 61 of the Insolvency and Bankruptcy Code, 2016 (“IBC”), would commence from the date when the Order of NCLT gets uploaded
However, in cases where matter was heard and order was pronounced on the same day by the NCLT, limitation would commence from the date of pronouncement of order and not its upload
Case Title: Mohammed Abdul Wahid v. Nilofer and another
Citation: 2023 LiveLaw (SC) 1061
In a notable judgment, the Supreme Court has held that a document can produced during cross-examination in a civil trial to confront a party to the suit or a witness. The Court also held that there is no distinction between a party to a suit and a witness in this regard.
Case Details: Kavish Gupta v. State of Chhattisgarh
Citation: 2023 LiveLaw (SC) 1062
The Supreme Court on Monday (December 11) expressed serious concerns over the delay in consideration of anticipatory bail/ regular bail applications by High Courts.
The bench comprising Justices C.T. Ravikumar and Sanjay Kumar observed that despite repeated judicial pronouncements of the Apex Court, lack of efficiency in listing and disposal of anticipatory bail applications gravely injures the personal liberties of the applicants hoping to seek urgent reliefs.
No Adverse Inference Against Prosecution Merely Because Witnesses Are Withheld: Supreme Court
Case Details: Maheshwari Yadav v. State of Bihar
Citation: 2023 LiveLaw (SC) 1063
While dismissing a criminal appeal, the Supreme Court (on December 13) opined that withholding witnesses from the court doesn't always mean that an 'adverse inference' can be drawn against the prosecution.
“It is not axiomatic that in every case where the eyewitnesses are withheld from the court, an adverse inference must be drawn against the prosecution. The totality of the circumstances must be considered for concluding whether an adverse inference could be drawn.” Justices Abhay S. Oka and Pankaj Mithal.
Case Title: M/S North Eastern Chemicals Industries (P) Ltd.& Anr. V M/S Ashok Paper Mill (Assam) Ltd. & Anr.
Citation: 2023 LveLaw (SC) 1064
The Supreme Court has held that when no limitation period has been prescribed for filing an appeal, then such an appeal must be filed within a reasonable time, which is to be determined as per the facts and circumstances of each case.
“In the absence of any particular period of time being prescribed to file an appeal, the same would be governed by the principle of 'reasonable time', for which, by virtue of its very nature, no straitjacket formula can be laid down and it is to be determined as per the facts and circumstances of each case.”
'Disciplinary Proceedings Contemplated': What Does 'Contemplate' Mean? Supreme Court Explains
Case Details: State of Haryana and Ors v. Dinesh Singh and Anr.
Citation: 2023 LiveLaw (SC) 1065
The Supreme Court in its decision on Thursday (December 14), in an appeal against a High Court's Order allowing appointment to a government post, held that to ascertain the cut-off date for eligibility criteria, attention should be given to clarification letters issued subsequently.
Bail Applications From Same FIR Should Be Listed Before One Bench: Supreme Court To All High Courts
Case Details: Rajpal v. State of Rajasthan
Citation: 2023 LiveLaw (SC) 1066
The Supreme Court expressed concern at the High Courts not listing bail applications arising out of the same FIR before the same bench, despite repeated orders.
The bench comprising Justices CT Ravikumar and Sanjay Kumar, in its order, stressed the need for listing bail applications pertaining to the same FIR before one single bench in order to avoid conflicting decisions, especially in cases where parity becomes the grounds for which bail is sought.
Case Title: Manik Hiru Jhangiani v. State of MP
Citation: 2023 LiveLaw (SC) 1067
The Supreme Court recently (December 14) observed that in a case where an offense would attract the penal provisions under both the Prevention of Food Adulteration Act, 1954 (PFA), as well as the Food Safety and Standards Act, 2006, the provisions of the FSSA, will prevail over the PFA to the extent to which the same are inconsistent.
Case Title: Malik Mazhar Sultan v UP Public Services Commission
Citation: 2023 LiveLaw (SC) 1068
The Supreme Court recently directed the Delhi Government to float tenders for the construction of judicial infrastructure in Delhi.
The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra also directed for the Chief Secretary of GNCTD to intimate the steps taken for residential accommodation for judicial officers, the process for the recruitment of staff at the district level, and provision of additional courtrooms on a temporary basis.
Case Title: Chhote Lal v. Rohtash
Citation: 2023 LiveLaw (SC) 1069
Recently, the Supreme Court (on December 14), observed that in a case where the appellant/complainant was an interested sole eyewitness being the father of the deceased and had long enmity with the accused persons, his testimony has to be examined with great caution.
Case Title: Sayunkta Sangharsh Samiti v. State of Maharashtra
Citation: 2023 LiveLaw (SC) 1071
The Supreme Court recently (on December 15) held that private agreements cannot be enforced in Slum Rehabilitation Schemes as against the statutory mandate of the Slum Rehabilitation Authority (SRA).
To strengthen this, the Court also observed that under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, SRA is the final authority for implementing the mentioned scheme
Case Title: Shakti Yezdani v. Jayanand Jayant Salgaonkar
Case No: 2023 LiveLaw (SC) 1071
The Supreme Court has held that the non-obstante clause in both Section 109A(3) of the Companies Act, 1956 & Bye-law 9.11.7 of the Depositories Act, 1996, does not exclude the legal heirs from their rightful claim over the securities, against the nominee.
The sole purpose of the non-obstante clause is to allow the company to vest shares upon the nominee to the exclusion of any other person, for the purpose of discharge of its liability against diverse claims by the legal heirs of the deceased shareholder. This arrangement is until the legal heirs have settled the affairs of the testator and are ready to register the transmission of shares, by due process of succession law.
Nomination Process Under Companies Act Does Not Override Succession Laws: Supreme Court
Case Title: Shakti Yezdani v. Jayanand Jayant Salgaonkar
Case No: 2023 LiveLaw (SC) 1071
The Supreme Court has held that the nomination process under the Companies Act, 1956 (pari materia Companies Act, 2013) does not override succession laws. It is beyond the scope of the company's affairs to facilitate succession planning of the shareholder. In case of a Will, it is upon the administrator or executor under the Indian Succession Act, 1925, or in case of intestate succession, the laws of succession to determine the line of succession.
News Updates
Case Title: All India Judges Association v Union Of India And Ors.
Citation: W.P.(C) No. 643/2015
While pronouncing an order in All India Judges Association v. Union of India, the Supreme Court today (30.11.2023) underscored the importance of ensuring dignified working conditions for judicial officers, both during their tenure and post-retirement.
Case Title: Dinganglung Gangmei v Mutum Churamani Meetei And Ors.
Citation: Diary No. 19206-2023
The Supreme Court on Tuesday (28.11.2023) directed the Solicitor General of India Tushar Mehta and the Advocate General of Manipur to consider a plea for relocating 284 students affected by the Manipur violence to different Central Universities where they could continue their studies
Justice Augustine George Masih, judge of the Supreme Court, speaking at an event at the Punjab & Haryana High Court, said that lawyers should not try to mislead judges, and if they do so, they will risk losing their credibility.
“Please don't ever think judges do not know anything or what you are saying we don't understand. Don't try to be smart because most of us come from you only, because you lose your credibility in that process. We know the difficulty faced by the counsels, and the judge will also give time to put forth your submissions. It's always better to be frank than doing something which is probably not expected or required by you,” the judge said.
Case Title: Sukha Devi v. State of Uttar Pradesh
Citation: SLP(Crl) 14426/2023
On December 1, a bench led by the Chief Justice of India expressed doubts about its 2018 judgment in Asian Resurfacing of Road Agency P. Ltd. Director V. Central Bureau of Investigation as per which interim orders of stay granted by High Courts and other courts in civil and criminal cases will automatically expire after a period of six months unless the orders are specifically extended.
Chief Justice DY Chandrachud speaking at Justice Keshav Chandra Dhulia Memoral Lecture on the topic of 'Democracy, Debate and Dissent' on Saturday, said
“For all citizens to feel free in a democracy, the State must side with the weaker population which may be a numerical or a social minority. This may at first appear to be at odds with the democratic principle of majority rule. However, a mere rule by majority can be established by many forms of government. The beauty of a democracy is the sense of moral status with which all citizens can participate in a country and the consensus in its decision making. In a democracy the majority will have its way but the minority must have its say.”
Supreme Court Directs Urgent Listing Of Jauhar University's Plea In Allahabad High Court
Case Title: Executive Committee, Maulana Mohamad Ali Jauhar Trust v State Of Uttar Pradesh
Citation: Diary No. 45480-2023
The Supreme Court has directed the Allahabad High Court to urgently hear the plea filed by Samajwadi Leader Azam Khan's Trust (Maulana Mohamad Ali Jauhar Trust) against the decision of the Uttar Pradesh Government to take over the land of Jauhar University in Rampur
Case Title: STATE OF KERALA v. MOUSHMI ANN JACOB
Citation: Petition(s) for Special Leave to Appeal (C) No(s). 25736- 25737/2023
The Supreme Court has stayed the order of the Kerala High Court that properties in excess of 25 cents can be converted from paddy land as per Section 27A of the Paddy Land Act by paying the fee for the land in excess of 25 cents. The High Court had held that 25 Cents would be excluded for computation of conversion fee under Section 27A of the Kerala Conservation of Paddy Land and Wet Land Act, 2008.
Case Details: Ashok Kumar Sharma, IFS (Retd) & Ors. v. Union of India
Citation: Writ Petition (Civil) No. 1164 of 2023
The Centre on Thursday (November 30) told the Supreme Court that it will not take any action based on the changed definition of forest land in the Forest (Conservation) Amendment Act, 2023 until further orders from the court. The Court was considering a plea challenging the constitutionality of the recent amendments to the Forest (Conservation) Amendment Act, 2023
Case Title: HIGH COURT BAR ASSOCIATION ALLAHABAD v. THE STATE OF UTTAR PRADESH
Citation: Crl. A. No. 3589/2023
In a significant development, the Supreme Court on Friday (December 1) expressed reservations about its 2018 judgment in Asian Resurfacing of Road Agency P. Ltd. Director V. Central Bureau of Investigation as per which interim orders of stay granted by High Courts and other courts in civil and criminal cases will automatically expire after six months unless the orders are specifically extended.
Observing that automatic vacation of stay can result in miscarriage of justice in some cases, a three-judge bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra referred the matter to a larger bench for reconsideration.
Case: State of Tamil Nadu v. Governor of Tamil Nadu
Citation: Writ Petition(s)(Civil) No(s). 1239/2023
The Supreme Court on Friday (December 1) questioned the decision of Tamil Nadu Governor RN Ravi to refer bills to the President, after declaring that he was withholding assent on them.
Case Title: PK Subramanian v. Department of Law & Justice
Citation: W.P.(C) No. 1275/2023
Today (on December 01), the Supreme Court perused the suggestions put forward by Advocate Gaurav Agrawal for reforming the Advocates-on-Record (AoR) system. However, the bench, comprising Justices Sanjay Kishan Kaul and Sudhanshu Dhulia, made it clear that the suggestions do not address the Court's concerns.
Case Title: State Of Punjab v Union Of India
Citation: Orgnl Suit No. 6/2021
In the Punjab Government's plea challenging the Centre's decision to extend the jurisdiction of the Border Security Force to 50 km in Punjab as compared to the earlier 15 km, the Supreme Court orally noted that the extension of BSF's jurisdiction, as per the 2021 notification, did not take away the powers of the Punjab police.
Case Title: Ravi Nair v. State of Gujarat & Anr
Citation: Writ Petition (Criminal) No. 527 of 2023
The Supreme Court on Friday (01.12.2023) extended the interim protection granted to four journalists from coercive action by the Gujarat Police in relation to articles published against the Adani group. The Court also granted the State of Gujarat a week to file its response.
Case Title: Harpal Singh Rana v Union Of India And Ors
Citation: Diary No. 32121-2023 PIL-W
The Supreme Court on Friday (1.12.2023) refused to entertain a Public Interest Litigation (PIL) seeking for the Union of India and State Governments to establish rules for app-based cab services. The PIL raised concerns about issues such as security, overcharging, and arbitrary ride cancellations by taxi and cab aggregators
How Can Woman Be Booked For Rape Under Sec 375 IPC? Supreme Court Stays Arrest Of Widow
Case Title: Kamaljit Kaur v. State of Punjab
Citation: SLP(Crl) No. 15265/2023
The Supreme Court on Friday expressed doubts on whether a woman can be booked for rape under Section 375 of the Indian Penal Code (IPC) and for gang rape under Section 376D of the IPC.
Ensure No Further Constructions Adjacent To Ganga River: Supreme Court Directs Bihar Govt
Case: Ashok Kumar Sinha v. Union of India
Citation: Civil Appeal No(s). 3367/2020
The Supreme Court has directed the Bihar Government to ensure that no further construction takes place adjacent to the Ganga River, particularly in and around Patna.
The Court has further directed the state to report to it on the progress of getting the 213 identified illegal structures, which have been raised on the floodplains of River Ganga in Patna
Chief Justice of India DY Chandrachud has expressed concerns about the "unprecedented proliferation of disinformation and hate speech on the internet" which was posing a serious challenge to the traditional ways of understanding free speech in a democracy.
Sense Of Intolerance Among Communities Causing Polarisation Across The World: CJI DY Chandrachud
Chief Justice of India DY Chandrachud during his keynote address at the 2023 Jamnalal Bajaj Awards ceremony said that the polarization witnessed both in India and around the world is marked by factors such as the growth of social media, a sense of intolerance among communities, and the short attention spans of the younger generation.
“Much of the polarization which we see today across the globalized world, the polarization between the right and the left and the center, the polarization which we experience across the world, and India is no exception, is also marked by the growth of social media, the sense of intolerance among communities, the short attention spans with the younger generation has”.
Chief Justice of India DY Chandrachud highlighted the problem of vacancies in tribunals while addressing a public event on Friday.
“We ask ourselves whether we should have constituted so many tribunals. Because you don't get judges, when you do, the vacancies are kept open for a long time. There is a constant tussle over who will control the appointment of judges”, the CJI said addressing the inauguration ceremony of the new office premises of the Central Administrative Tribunal (CAT) in Mumbai.
Case: Benoy Babu v. Directorate of Enforcement
Citation: SLP(Crl) No. 11644-11645/2023
The Supreme Court on Friday (December 8) granted bail to Benoy Babu, Regional Manager of Pernod Ricard India(Indian subsidiary of global liquor company), in the money laundering case in connection with the Delhi liquor policy scam.
Case title: In Re: Right to Privacy of Adolescent
Citation: SMW (Civil) No. 3 of 2023
The Supreme Court on Friday (December 8) expressed disapproval of certain observations made by the Calcutta High Court regarding the sexual behaviour of adolescents.
While deciding an appeal in a sexual assault case involving young adults, the High Court had issued a set of advisories to teenagers, particularly cautioning girls in their adolescence to 'control their sexual urges' to prevent being deemed a 'loser' in the eyes of society “when she gives in to enjoy the sexual pleasure of hardly two minutes”
Chief Justice of India DY Chandrachud said that as a "servant of the law and the Constitution", he has to follow the laid down law, when a lawyer mentioned a plea challenging the collegium system for judges' appointments.
Lok Sabha Expels TMC MP Mahua Moitra Adopting Ethics Committee Report On 'Cash For Query' Complaint
The Lok Sabha on Friday (December 8) passed a resolution to expel Trinamool Congress MP Mahua Moitra based on the Report of the Ethics Committee over the 'cash for query' complaint.
The Ministry of Law and Justice has said that as of 04.12.2023, 122 proposals received from High Court Collegiums for the appointment of judges are at different stages of processing.
Law Minister Arjun Ram Meghwal furnished this information in response to queries raised by Rajya Sabha MP Dr.John Brittas, belonging to the Communist Party of India (Marxist) regarding vacancies in courts.
Case Details: Director of Vigilance and Anti-Corruption v. Edappadi Palaniswamy & Anr.
Citation: Special Leave Petition (Criminal) No. 11315 of 2023
The Supreme Court on Friday (December 8) dismissed a plea filed by Tamil Nadu Director of Vigilance and Corruption (DVAC) challenging a Madras High Court order refusing a fresh preliminary inquiry against former chief minister Edappadi Palaniswami in connection with an alleged highway tender scam.
Case Title: Government Of NCT Of Delhi v. Office Of The Lieutenant Governor Of NCT Of Delhi And Ors,
Citation: W.P.(C) No. 1352/2023
The Supreme Court on Friday (08.12.2023) sought the response of Delhi's Lieutenant Governor in a plea filed by the Delhi Government (GNCTD) for re-operationalization of the 'Farishtey' scheme by releasing pending hospital bills and making timely payments to private hospitals.
The 'Farishtey Dilli Ke' scheme was introduced by the AAP government to provide free treatment to victims of road accidents, which has been defunct for over a year due to non-payment of bills. The plea also seeks disciplinary action against officials responsible for halting the operation of the scheme.
Supreme Court Dismisses PIL Seeking Directions On Election-Related Expenditure Of Political Parties
Case Title: Ramesh Kumar Khatri v. The Election Commission of India
Citation: W.P.(C) No. 001163 - / 2023
The Supreme Court on Friday (08.12.23) dismissed a PIL that sought directions on setting limits to the expenses on election-related affairs of the Political parties.
A bench led by CJI DY Chandrachud and comprising Justices JB Pardiwala and Manoj Misra dismissed the matter.
Case Details: Central Bureau of Investigation v. Chanda Kochhar
Citation: Diary No. 13670 of 2023
The Central Bureau of Investigation informed the Supreme Court on Friday (December 8) that they will be moving an application before the Bombay High Court to vacate the interim bail granted to former ICICI Bank CEO and MD Chanda Kochhar and her husband, Deepak Kochhar, in the ICICI Bank-Videocon loan fraud case.
The response of the CBI agency came when the Court asked why the agency was not objecting to the continuation of the interim bail granted by the High Court in January this year
Case Details: Nara Chandrababu Naidu v. State of Andhra Pradesh & Anr.
Citation: Special Leave Petition (Criminal) No. 15099 of 2023
The Supreme Court on Friday (December 8) adjourned until January 19 a plea by the State of Andhra Pradesh challenging the regular bail granted to N Chandrababu Naidu, Telugu Desam Party (TDP) supremo and former chief minister of the state, in the skill development scam case
Case Details: Anuradha Bhasin v. Union of India & Ors.
Citation: MA 208 of 2021 in Writ Petition (Civil) No. 1031 of 2019
The Supreme Court on Thursday (December 7) refused to entertain a plea by the Foundation for Media Professionals, a non-profit organization, seeking compliance with the Anuradha Bhasin judgment.
The Supreme Court has taken suo motu cognizance of a Calcutta High Court judgment which observed, "every female adolescent should control sexual urge as in the eyes of the society she will be the looser when she gives in to enjoy the sexual pleasure of hardly two minutes."
Supreme Court To Deliver Judgment In Article 370 Case On December 11
The Supreme Court will pronounce its verdict in the case challenging the Union Government's 2019 decision to repeal the special status of Jammu and Kashmir under Article 370 of the Constitution on December 11.
Advocate Prashant Bhushan has written to the Registrar of the Supreme Court, against the 'arbitrary' listing of a batch of matters before a bench led by Justice Bela Trivedi. The cases challenge the invocation of the Unlawful Activities (Prevention) Act, 1967 (UAPA) against journalists and lawyers regarding their fact-finding report on the Tripura riots.
Responding to the query raised by Rajya Sabha MP Rajeev Shukla on the government's plan to set up All India Judicial Service, the Law Ministry has responded that at present, there is no consensus among the stakeholders on the proposal.
However, the reply also stated, "In the Government's view, a properly framed All India Judicial Service is important to strengthen the overall justice delivery system.”
The information furnished by the Union Minister of Law & Justice shows that 492 of the 650 High Court judges appointed between 2018 and 2023 belong to the General Category (75.69%). Out of the High Court judges' appointments made during this period, 23 are from the Scheduled Caste (SC) category, 10 from the Scheduled Tribes (ST) category, 76 from the Other Backward Classes and 36 from religious minorities.
While hearing petitions challenging Section 6A of the Citizenship Act 1955, the Supreme Court on Thursday (December 6) orally remarked that regardless of the outcome of the petitions on the constitutionality aspect, the issues raised in the petitions pertaining to illegal immigration were "crucial problem independent of Section 6A".
The court directed the Union Government to furnish data on the inflow of illegal migrants to Assam and North-Eastern states after March 25, 1971. It also directed the Centre to inform the steps taken by the Government at an administrative level to deal with illegal immigration into the North Eastern states particularly Assam.
Lok Sabha Passes Jammu and Kashmir Reservation Bill, J&K Reorganisation (Amendment) Bill
In a significant legislative move, the Lok Sabha on Wednesday (December 6) two bills amending key laws in Jammu and Kashmir. The bills, namely the Jammu and Kashmir Reservation (Amendment) Bill, 2023, and the Jammu and Kashmir Reorganisation (Amendment) Bill, 2023, were introduced in the Parliament in July this year.
Former Supreme Court judge Justice S Ravindra Bhat said that the Constitution cannot be termed as a colonial document merely because it was a modification of the Government of India Act 1935 and emphasized that the Constitutional ideals cannot be discarded as some colonial vestige.
Case Title: In Re Section 6A Of The Citizenship Act 1955
Citation: W.P.(C) No. 274/2009 PIL-W
While hearing petitions challenging Section 6A of the Citizenship Act 1955, the Supreme Court on Wednesday (December 6) orally remarked that certain political compromises made by the government of the day for the overall welfare of the nation cannot be always judged on the basis of hindsight wisdom, as the Government has to be given the leeway to deal the expedient problems of the moment.
Supreme Court Releases Videos On Historic 'Kesavananda Bharati' Judgment In 10 Indian Languages
On December 7, 2023 the Chief Justice of India (CJI) DY Chandrachud announced that the Keshavananda Bharti judgement video, commemorating the 50th anniversary of the landmark case, is now available in 10 Indian languages on the Supreme Court's website. CJI Chandrachud emphasized the importance of breaking down language barriers to make the work of the court accessible to a wider section of society.
Bhima-Koregaon | Supreme Court Adjourns UAPA Accused Shoma Sen's Bail Hearing Until January 10
Case Details: Shoma Kanti Sen v. State of Maharashtra & Anr.
Citation: Special Leave Petition (Criminal) No. 4999 of 2023
The Supreme Court on Wednesday (December 6), while hearing English professor and Bhima Koregaon-accused Shoma Sen's plea against a Bombay High Court order asking her to approach a special National Investigation Agency (NIA) for bail, indicated that it would have to examine whether the supplementary chargesheets filed in the case levelled any fresh allegations against her and these were brought on record before the high court.
Supreme Court Seeks Data From Union Government On Illegal Migration To Assam & NE States Post-1971
The Supreme Court on Thursday (December 7) directed the Union Government to furnish data on the inflow of illegal migrants to Assam and North-Eastern states after March 25, 1971.
The Court also directed the Centre to inform the steps taken by the Government at an administrative level to deal with illegal immigration into the North Eastern states particularly Assam. Details have to be furnished in regard to extent of border fencing and the estimated timelines to complete border fencing.
A Constitution Bench of the Supreme Court on Tuesday (December 5) commenced the hearing of a batch of petitions challenging Section 6A of the Citizenship Act 1955, the statutory provision giving effect to the Assam Accord.
The provision, inter alia, allows foreign migrants, who came to Assam after the 1st January, 1966 but before the 25th March, 1971, to seek Indian citizenship. Certain indigenous groups of Assam have challenged this provision, contending that it legalised illegal infiltration of foreign migrants from Bangladesh.
Case Title: In Re Section 6A Of The Citizenship Act 1955
Citation: W.P.(C) No. 274/2009 PIL-W
On the first day of the hearings pertaining to a batch of petitions challenging the constitutional validity of Section 6A of the Citizenship Act, 1955, the Supreme Court Constitution Bench asked the Solicitor General of India Tushar Mehta to provide official data on how many people benefitted from Section 6A of the Act.
Case Title: Arun Muthuvel v. Union of India
Citation: Writ Petition (Civil) No.756/2022
The Supreme Court on Tuesday orally expressed its reservations about the applications filed before it by persons wanting to have a child through surrogacy under the Surrogacy (Regulation) Act, 2021 who are beyond the age limit prescribed under the Act.
Sr. Adv. Dushyant Dave has written an open letter to Chief Justice D.Y. Chandrachud, expressing "anguished at certain happenings about the listing of cases by the Registry of the Supreme Court". Dave has said in the letter that some of the matters being relisted by the registry are "sensitive matters" involving human rights, Freedom of Speech, Democracy, and Functioning of Statutory and Constitutional Institutions.
The Supreme Court Advocates-on-Record Association (SCAORA) has objected to a circular released yesterday by the Supreme Court registry discontinuing the practice of circulating adjournment letters or slips one day before a matter is listed, until the last working day of the year, i.e., Friday, December 15.
Committee Constituted To Frame Guidelines For Seizure Of Digital Devices: Centre Tells Supreme Court
The Central Government on Wednesday (December 6) told the Supreme Court that a committee has been constituted to look into the framing of guidelines regarding the seizure of digital devices by investigation agencies. Upon the assurance of the Additional Solicitor General of India that the process would be expedited, the Supreme Court adjourned until December 14 the hearing of pleas raising concerns over the arbitrary seizure of media professionals' digital devices.
Supreme Court Dismisses PIL Alleging Adulteration Of Honey With Sugar Syrup By Major Indian Brands
Case Title: Cause Title: Anti Corruption Council Of India Trust v. Ministry Of Home Affairs Citation: WRIT PETITION (CIVIL) NO.418 OF 2021
The Supreme Court on Monday (04.12.2023) dismissed a Public Interest Litigation (PIL) that sought a purity test of several brands of honey sold in the market due to various reports claiming that many major brands selling honey are indulging in adulteration.
'We are not inclined to entertain this petition filed under Article 32 of the Constitution of India. The Writ Petition is, accordingly, dismissed' the Bench of Justice Vikram Nath and Justice Rajesh Bindal recorded in its order.
Supreme Court Asks Army To Frame Policy On Women Officers' Promotion
Case Details: Union of India v. Lt. CDR. Annie Nagaraja, Executive Officer
Citation: Diary No. 23843-2023
The Supreme Court on December 4 told the Indian Army to frame a policy regarding the promotion of women officers, who have been granted permanent commission following the judgments of the Court.
The Supreme Court is likely to pronounce its verdict in the long-pending case challenging the Union Government's 2019 decision to repeal the special status of Jammu and Kashmir under Article 370 of the Constitution this month (December 2023).
Case Title: HIGH COURT BAR ASSOCIATION ALLAHABAD v. THE STATE OF UTTAR PRADESH
Citation: Crl. A. No. 3589/2023
The Supreme Court has notified the composition of the Constitution Bench which will hear the reference against the 2018 judgment in Asian Resurfacing of Road Agency P. Ltd. Director V. Central Bureau of Investigation as per which interim orders of stay granted by High Courts and other courts in civil and criminal cases will automatically expire after a period of six months unless the orders are specifically extended.
Supreme Court Adjourns Satyendar Jain's Bail Hearing Until December 11; Interim Order To Continue
Case Title: Satyendar Kumar Jain v. Directorate of Enforcement
Citation: Special Leave Petition (Criminal) No. 6561 of 2023
The Supreme Court on Monday (December 4) adjourned the hearing of Satyendar Jain's bail plea until Monday, December 11. However, it agreed to extend the interim bail granted earlier this year to the Aam Aadmi Party (AAP) leader until the next date of hearing.
Case Title: UMAR ANSARI v. STATE OF UTTAR PRADESH
Gangster-politician Mukhtar Ansari's Son, Umar Ansari has moved the Supreme Court apprehending an 'imminent and serious threat' to his father who is currently lodged in Banda Jail in Uttar Pradesh.
The writ petition filed under Article 32 of the Constitution seeks transfer of Ansari, a former MLA, to any jail outside Uttar Pradesh in a state ruled by any party other than the BJP.
In a plea for relocating 284 students affected by the Manipur violence to different Central Universities where they could continue their studies, the Supreme Court today (04.11.2023) provided three options for the students – a) attend classes at Manipur University online; b) attend the Assam University, Silchar or; c) attend North East Hill University, Shillong.
Supreme Court Refuses To Entertain PIL Against Adulterated Ayurvedic Medicines
Case: Vishnu Kumar v. Union Of India
Citation: Diary No.- 46425 - 2023
On Monday (04.11.2023), the Supreme Court refused to entertain a Public Interest Litigation (PIL) seeking to challenge the adulteration of ayurvedic medicines across the country. The matter was listed before a bench led by the Chief Justice of India (CJI) DY Chandrachud and comprised Justice JB Pardiwala and Manoj Misra. While noting that adulteration of medicines was illegal, the bench remarked that it could not entertain a writ of such a nature.
Case Details: State of West Bengal v. Dr. Sanat Kumar Ghosh & Ors.
Citation: Special Leave Petition (Civil) No. 17403 of 2023
In the latest development in the ongoing clash between West Bengal Governor CV Anand Bose and the state government over interim vice-chancellor appointments at state-run universities, the Supreme Court last week(December 1) asked Attorney General for India R Venkataramani to organise a joint meeting with all stakeholders to break the logjam.
Case Title: Common Cause v Union Of India. And Ors.
Citation: W.P.(C) No. 114/2014 PIL-W
The Supreme Court today (04.12.2023) opined that an independent evaluation by the Ministry of Environment, Forest and Climate Change (MoEFCC) was necessary to determine whether a cap on iron ore mining needed to be imposed in the State of Odisha as the decision would affect issues such as sustainable development and intergenerational equity.
The Supreme Court on Monday (04.11.2023) stayed the proceedings on FIRs lodged against Journalist Makepeace Sitlhou for tweets she made in relation with Manipur violence.
Appearing for Sitlhou, Senior Advocate Kapil Sibal submitted that she is Fulbright scholar who was facing FIRs for certain tweets
Case Title: UNION OF INDIA v. ASHOK KUMAR ACHARYA
Citation: Diary No.- 36635 – 2023
The Supreme Court is set to examine whether a Central Government servant, who has given his resignation after being selected for another post, is entitled to any service benefits arising from the previous job as per the Central Civil Service (Pension) Rules.
Supreme Court Seeks Progress Report On Construction Of J&K&L High Court Jammu Bench New Complex
Case Title: ACHAL SHARMA v. UNION OF INDIA
Citation: Diary No.- 16454 - 2020
The Supreme Court asked the Center to place on record the construction progress of the new complex of the High Court of Jammu and Kashmir and Ladakh, Jammu Bench. This direction was passed when the Centre apprised the Bench about the tentative proposal. As per this, once the High Court shifts to the new complex, the old building can be utilized for the purposes of the Central Administrative Tribunal (CAT).
Case: Advocates Association Bengaluru v. Barun Mitra & Anr
Citation: Contempt Petition (Civil) No. 867 of 2021 in Transfer Petition (Civil) No. 2419 of 2019
The petitions filed against the Central Government delaying the judges appointment were not listed in the Supreme Court today, despite a specific direction on the previous date of hearing.
Advocate Prashant Bhushan, appearing for one of the petitioner, invited the attention of the bench comprising Justice Sanjay Kishan Kaul and Sudhanshu Dhulia regarding this. Though the petitions were initially shown in the causelist for today, they were later deleted.
Case Title: Noorjahan @Noori And Anr v. State of Madhya Pradesh
Citation: WP(Crl) No. 73/2023
The Supreme Court on Tuesday (05.12.2023) closed a writ petition filed by a lawyer and her intern seeking independent investigation into a case registered against them in Indore in Madhya Pradesh over alleged links to the PFI.
Supreme Court Seeks Centre's Response On Plea To Allow Surrogacy For Single Unmarried women
Case Title: Neha Nagpal alias Neeha Nagpal vs Union of India
Citation: W.P.(C) No. 1316/2023
The Supreme Court on Tuesday (05.12.2023) sought the response of the Central Government in a plea challenging various provisions of the Surrogacy (Regulation) Act, 2021 and the Surrogacy (Regulation) Rules, 2022 that excludes unmarried single women from availing the option of having children through surrogacy.
Lawyers Should Not Circulate Adjournment Slips Till December 15: Supreme Court
The Supreme Court has announced that lawyers will not be permitted to seek adjournments in advance by circulating letters till December 15, 2023.
"In order to accommodate the request of listing maximum number of cases in the interest of litigants and in view of the ensuing winter vacation, all stakeholders to note that the practice of circulating adjournment slips/letters is discontinued with immediate effect till 15.12.2023", stated a notification issued by the Registry.
Supreme Court Dismisses Civil Judge's Plea Alleging Sexual Harassment By District Judge
Case Title: X v. HIGH COURT OF JUDICATURE AT ALLAHABAD
A bench comprising Justices Hrishikesh Roy and Sandeep Mehta noted that the Internal Complaints Committee of the Allahabad High Court is already seized of the matter. Therefore, the bench found no reason to entertain the writ petition filed under Article 32 of the Constitution and dismissed it.
Case Details: Ameet Gurucharan Singh v. The State Of Maharashtra
Citation: Diary No.- 52331 - 2023
The Supreme Court on Friday stayed till December 21 the felling of trees for the widening of Gansehkhind Road in Pune to enable the petitioners challenging the action of the Pune Municipal Corporation to approach the Bombay High Court.
Former Supreme Court Justice Rohinton F Nariman opined that the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, passed by Rajya Sabha two days ago, should be struck down as it severely imperils the independence the Election Commission.
Case Title: Sanjay Pandurang Kalate v Vistra ITCL (India) Limited and Others
Case No.: Civil Appeal Nos 7467-7468 of 2023
The Supreme Court has held that when the National Company Law Tribunal (“NCLT”) hears a matter on a particular date but does not pronounce the order on the same date, then the limitation for filing an appeal from such order before the National Company Law Appellate Tribunal (“NCLAT”) under Section 61 of the Insolvency and Bankruptcy Code, 2016 (“IBC”), would commence from the date when the Order of NCLT gets uploaded.
Case Details: Monika Yadav v. High Court of Madhya Pradesh|Tejas Tripathi & Ors. v. State of Madhya Pradesh
Citation: WP(C)no. 1380 of 2023|WP(C)no.1398 of 2023
The Madhya Pradesh High Court on Friday (December 15) informed the Supreme Court that all candidates will be allowed to appear for the Civil Judge Junior Divison (Entry Level) Recruitment exam 2023, regardless of meeting the requirement of having a minimum of 3 years of practice at the bar after enrollment or 70% marks in the LLB exam.
Based on this submission made by the High Court, the Supreme Court provisionally allowed all candidates, including those who have not approached the Court, to appear in the exam scheduled to be held on December 18
Supreme Court To Consider Online Gaming Companies' Plea Against 28% GST In January 2024
The Supreme Courton Friday (December 15) posted a batch of writ petitions filed by online gaming companies, including Dream 11, Games 24x7, and Head Digital Works, challenging the constitutional validity of imposition of a 28% GST, to January 8, 2024.
Former Supreme Court Justice Rohinton F Nariman, yesterday (on December 15), expressed concerns about the tendency of the Governors to sit on bills and termed it a "disturbing fact", making a specific reference to the Kerala Governor.
On his last working day, Supreme Court judge Justice Sanjay Kishan Kaul stressed the need for the judges to exhibit boldness, since they have Constitutional protection."If with the constitutional protection that we have, we are not able to exhibit this, we cannot expect other parts of the administration to do so," Justice Kaul said at the Full Court reference held to bid farewell to him.
Supreme Court To Hear Mahua Moitra's Plea Against Expulsion From Lok Sabha On January 3
Case Details: Mahua Moitra v. Lok Sabha Secretariat & Ors
Citation: Writ Petition (Civil) No. 1410 of 2023
The Supreme Court on Friday (December 15) adjourned until January 3 the hearing of Trinamool Congress leader Mahua Moitra's plea against her recent expulsion from the Lok Sabha over allegations of unethical conduct.
Case Details: Committee of Management Trust Shahi Masjid Idgah v. Bhagwan Shrikrishna Virajman & Ors
Citation: Special Leave Petition (Civil) No. 14275 of 2023
In the latest development in the Krishna Janmabhoomi-Shahi Eidgah Mosque dispute, the Supreme Court on Friday (December 15) refused an oral plea raised by the Mosque committee to stay the order passed by the Allahabad High Court yesterday allowing an application for the appointment of a court commissioner for the inspection of the mosque.
Case Title: Jayant Patil v The Speaker Maharashtra State Legislative Assembly
Citation: W.P.(C) No. 1077/2023
The Supreme Court today granted an extension to the Maharashtra Legislative Assembly Speaker to decide the disqualification petitions filed in relation to Shiv Sena rift by January 10, 2024. It may be recalled that earlier, the Apex Court had directed for the pleas to be decided by December 31, 2023.
No Harm Will Be Caused To Mukhtar Ansari In Jail: UP Govt Tells Supreme Court
Case Title: UMAR ANSARI v. STATE OF UTTAR PRADESH
Citation: W.P.(Crl.) No. 629/2023
The Supreme Court on Friday (15.12.2023) recorded the statement of the State of Uttar Pradesh that protection of Gangster-politician Mukhtar Ansari will be ensured in jail in a plea moved by his son, Umar Ansari apprehending a 'serious and imminent threat' to his father's life who is currently lodged in Banda Jail in Uttar Pradesh, in a conviction for murder.
Case Title: Delhi Commission for protection of child rights v. Lt. Governor, NCT Delhi
Citation: W.P.(C) No. 001372 - / 2023
The Supreme Court today (15.12.2023) remarked that not every issue between the Delhi Government and the Lieutenant Governor could be covered under an Article 32 petition before the Supreme Court.
Case Title: Dinganglung Gangmei v Mutum Churamani Meetei
Citation: Diary No. 19206-2023
The Supreme Court today (15.5.2023) directed the State of Manipur to furnish to the court-appointed committee steps it had taken to restore the places of worship which had been destructed in the ethnic violence.
Case Details: Abhishek Banerjee v. Ramesh Malik & Ors.
Citation: Special Leave Petition (Civil) No. 23736-23737 of 2023
The Supreme Court on Friday (December 15) declined Trinamool Congress leader Abhishek Banerjee's request for a gag order restraining media coverage of the proceedings before a single judge of the Calcutta High Court monitoring the probe into an alleged multi-tier recruitment scam in the state.
Justice Rohinton F Nariman, former Supreme Court judge, in a hard-hitting speech, said that disturbing events have been taking place in the country.
"What has happened in the recent past in this country is most disturbing. And I may share with you four things that have happened this year itself," Justice Nariman said while delivering the Smt Bansari Sheth Endowment Lecture on 'Constitution: Check And Balances'.
Former Supreme Court judge Justice Rohinton Nariman said that the Courts must be vigilant to instantly stop the onslaught on the media. If raids are carried out against a media house because of some independent reporting done by it, then the Courts must declare such raids illegal and unconstitutional on that ground alone, he said.
If the media is not protected, then we are finished, the former judge cautioned, stressing that the media is the watchdog.
Case Title: Satyendar Kumar Jain v. Directorate of Enforcement
Citation: Special Leave Petition (Criminal) No. 6561 of 2023
The Supreme Court on Thursday (December 14), while hearing Aam Aadmi Party (AAP) leader Satyendar Jain's bail plea, extended until January 8 an order granting interim bail on medical grounds in May this year.
Case Details: Mr X v. Union of India & Ors
Citation: Writ Petition (Criminal) No. 666 of 2023
A habeas corpus petition has been filed in the Supreme Court on behalf of Nikhil Gupta, accused by the United States of America of conspiring to assassinate Khalistani separatist Gurpatwant Singh Pannun, seeking the intervention of the Government of India regarding his detention in the Czech Republic.
It is alleged in the petition that his detention in a foreign country, at the instance of the United States of America, is illegal.
Case Title: Anchal Kushwaha v. High Court of Delhi
Citation: Diary No. 51519-2023
The Supreme Court on Thursday (14.12.2023) refused to interfere with the order of the Delhi High Court that had dismissed a plea seeking postponement of the Delhi Judicial Services Preliminary Examination, 2023, which is scheduled to be held on December 17.
The plea sought postponement of the DJS Prelims Examination 2023 as its date is clashing with the date of the Combined Recruitment Test conducted by the Union Public Service Commission (UPSC) for various law-related posts.
Case Detail: Manish Sisodia v. Central Bureau of Investigation | Review Petition No. 530-531 of 2023 in Criminal Appeal No. 3352 of 2023 and Criminal Appeal No. 3353 of 2023
The Supreme Court on Wednesday (December 13) dismissed a petition filed by former Delhi Deputy Chief Minister Manish Sisodia seeking a review of its October 30 judgment refusing to grant bail to the Aam Aadmi Party (AAP) leader.
In a rare development, a Supreme Court bench released a matter in which it had reserved judgment and directed it to be heard afresh by another bench, in view of the difference of opinon amongst the judges and the impending retirement of the presiding judge.
While delivering the inaugural address at the second Ashok Desai Memorial Lecture, renowned jurist and senior advocate Fali S Nariman (on December 12) spoke about the judicial interference vis-à-vis parliament's powers to amend the constitution.
Talking about the basic structure doctrine, Nariman said, “Basic structure theory was the response of an anxious and activist Court to the experience of the working of India's constitution during our Nation's first 25 years.”
Case Details: Saumya Chaurasia v. Directorate of Enforcement
Citation: Special Leave Petition (Criminal) No. 8847 of 2023
The Supreme Court on Thursday (December 14) dismissed the bail plea of Saumya Chaurasia, former Deputy Secretary to former Chhattisgarh Chief Minister Bhupesh Baghel, in a money laundering case. Chaurasia, an officer of the Chhattisgarh Civil Service (now under suspension), is an accused in a money laundering case relating to coal scam.
Senior Advocate Dr. Abhishek Manu Singhvi on Thursday (December 14) raised an objection before the Chief Justice of India regarding the listing of the bail petition of Aam Aadmi Party leader Satyendar Jain before a bench led by Justice Bela Trivedi.
"This case was listed before Justice AS Bopanna. He had heard it for 2.5 hours. Now the case is listed before Justice Bela Trivedi," Singhvi said.
Case Details: Ram Ramaswamy and others v. Union of India| Foundation for Media Professionals v. Union of India & Ors.
Citation: Writ Petition (Criminal) No. 138 of 2021 | Writ Petition (Criminal) No. 395 of 2022
The Supreme Court was assured on Thursday (December 14) that central agencies will follow the 2020 Central Bureau of Investigation (CBI) Manual on digital evidence till the guidelines regarding the seizure of digital devices are finalized. Additional Solicitor General of India SV Raju made this undertaking before the court on behalf of the central agencies.
This development comes after the top court on multiple occasions stressed the need for more robust safeguards to protect the privacy and freedom of individuals, particularly media professionals, against arbitrary seizure of digital devices.
Chief Justice of India DY Chandrachud on Thursday (December 14) clarified the bail application of Aam Aadmi Party leader Satyendar Jain was assigned to a bench led by Justice Bela Trivedi since Justice AS Bopanna was not available due to health reasons.
The Supreme Court on Thursday (December 14) asked IPS officer D Roopa to delete her social media posts against IAS officer Rohini Sindhuri by tomorrow. If it is impossible to delete all the posts, she should at least put up a post that she was withdrawing all her comments against Rohini Sindhuri”,the Court added.
The revised Bharatiya Nagarik Suraksha Sanhita Bill (BNSS) introduced in the Lok Sabha by the union government in the ongoing winter session of the Parliament has overlooked the concerns of a parliamentary standing committee over a provision allowing police custody beyond the initial fifteen days of remand.
The BNSS, originally introduced during the monsoon session, seeks to replace the Code of Criminal Procedure 1973.
In Article 370 Case, Supreme Court Set A Worrying Precedent For Federalism
Certain propositions laid down in the Supreme Court's judgment, which upheld the abrogation of Jammu and Kashmir's special status under Article 370, cast a shadow on the prospects of federalism in India, which is recognised as a basic feature of our Constitution.
On December 11, the Supreme Court considered an affidavit filed on behalf of the chief secretary of Nagaland. The same affirmed that the Nagaland Municipal Act, 2023, was passed on 9.11.2023 by the Nagaland assembly. The Act provides for 33 percent reservations for women in the Urban Local Bodies. This is in accordance with Article 243T (Reservation of Seats) of the Indian Constitution.
Case Title: In Re Article 370 of the Constitution of India
Citation: 2023 LiveLaw (SC) 1050
In the Article 370 case, the Supreme Court categorically held that amendments to substantive provisions of the Constitution cannot be made by executive notifications. The amendments to Constitutional provisions have to be carried out by following the procedure prescribed under Article 368, that is by passing an amendment bill in the Parliament with the backing of the prescribed majority, clarified the Court.
The Centre on Tuesday (12.12.2023) filed an affidavit furnishing the details on illegal immigrants and those who have been granted citizenship in light of S.6A of the Citizenship Act, 1955.
On December 7, the Court had directed the Ministry of Home Affairs to furnish data regarding the inflow of illegal migrants to Assam and North Eastern states after March 25, 1971 (post the declaration of Bangladesh independence) and to provide data-based disclosures under various heads including the grant of citizenship to immigrants in different time periods, workings of the Foreigners Tribunals established etc
Case Details: Prabir Purkayastha v. State |Amit Chakraborty v. State
Citation: Diary No. 43226 of 2023| Diary No, 42896 of 2023
The Supreme Court on Monday (December 11) adjourned the pleas by NewsClick founder and editor-in-chief Prabir Purkayastha and human resources head Amit Chakraborty challenging their recent arrest.
FiberNet 'Scam' | Supreme Court Asks Chandrababu Naidu & State To Avoid Public Comments On Case
Case Details: Nara Chandrababu Naidu v. State of Andhra Pradesh & Anr.
Citation: Special Leave Petition (Criminal) No. 13356 of 2023
The Supreme Court on Tuesday (December 12) directed former Andhra Pradesh Chief Minister Nara Chandrababu Naidu's anticipatory bail plea in the FiberNet scam to be listed on January 17 at 3 PM. On the last occasion, the hearing had been adjourned by the court to await the decision in the Telugu Desam Party (TDP) supremo's quash petition in the skill development case.
A Constitution Bench of the Supreme Court reserved its judgment in the batch of petitions challenging Section 6A of the Citizenship Act 1955 today (12.12.2023).
The bench comprising CJI DY Chandrachud along with Justices Surya Kant, MM Sundresh, JB Pardiwala, and Manoj Misra heard the matter for four days before reserving the judgement. Section 6A of the Citizenship Act 1955 allows foreign migrants of Indian origin, who came to Assam after the 1st January, 1966 but before the 25th March, 1971, to seek Indian citizenship. Certain indigenous groups of Assam have challenged this provision, contending that it legalised illegal infiltration of foreign migrants from Bangladesh
Centre Introduces Revised Criminal Law Bills In Lok Sabha To Replace IPC, CrPC & Evidence Act
The Central Government on Tuesday (December 12) introduced revised criminal law bills in the Lok Sabha after withdrawing the previous versions.
Home Minister Amit Shah introduced 'The Bharatiya Nyaya (Second) Sanhita, 2023', 'The Bharatiya Nagarik Suraksha (Second) Sanhita, 2023' and 'The Bharatiya Sakshya (Second) Bill, 2023', which seek the repeal and replace the Indian Penal Code, the Code of Criminal Procedure and the Indian Evidence Act respectively.
Case Title: State of Rajasthan v. Mohd. Salman
Citation: Diary No(s). 25547/2023
Recently, the Supreme Court (on December 08) dismissed a Special Leave Petition filed by the State of Rajasthan against the Rajasthan High Court's order, which declared that one of the convicts in the 2008 Jaipur bomb blasts case a Juvenile on the date of occurrence. While doing so, the High Court had set aside the order of the Sessions Judge and affirmed the Juvenile Justice Board's decision to declare the convict as a juvenile
Lok Sabha Passes Bills To Introduce Women's Reservation In Assemblies Of Jammu & Kashmir, Puducherry
The Lok Sabha on Tuesday (December 12) passed two bills which seek to provide 33% reservation for women in the assemblies of Jammu & Kashmir and Puducherry.
While the Government of Union Territories (Amendment) Bill 2023 seeks to introduce women's reservation in the legislative assembly of Puducherry, the Jammu and Kashmir Reorganisation (Second Amendment) Bill 2023 does the same with the assembly of J&K.
Rajya Sabha Passes Bill On Appointment Of Chief Election Commissioner and Election Commissioners
In a significant development during the Winter Session, the Rajya Sabha passed the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023 on Tuesday (December 12).
The new version of the new penal code bill - Bharatiya Nyaya (Second) Sanhita 2023 - introduced by the Union Government in the Lok Sabha on Tuesday has a wider definition of the offence of "terrorist act" compared to the initial version of the bill introduced in August.
Acts done with the intent of threatening or likely to threaten the "economic security of India", which cause or likely to cause "damage to the monetary stability of India by way of production or smuggling or circulation of counterfeit Indian paper currency, coin or of any other material" are also brought under the ambit of "terrorist act".
A 5-judge bench of the Supreme Court is hearing today the reference against the 2018 judgment in Asian Resurfacing of Road Agency P. Ltd. Director V. Central Bureau of Investigation as per which interim orders of stay granted by High Courts and other courts in civil and criminal cases will automatically expire after a period of six months unless the orders are specifically extended.
Mahua Moitra Requests Supreme Court To Urgently Hear Her Plea Challenging Expulsion From Lok Sabha
Trinamool Congress leader Mahua Moitra has sought urgent listing of the petition filed by her in the Supreme Court challenging her expulsion from the Lok Sabha.
Senior Advocate Dr Abhishek Manu Singhvi mentioned Moitra's petition before the Chief Justice of India DY Chandrachud seeking a listing either tomorrow or Friday. It may be noted that the Supreme Court is closing for winter vacations from December 15.
Case Title: High Court Bar Association Allahabad v The State Of Uttar Pradesh And Ors.
Citation: Crl. A. No. 3589/2023
The Supreme Court today (December 13) reserved its judgment in reference against the 2018 judgment in Asian Resurfacing of Road Agency P. Ltd. Director V. Central Bureau of Investigation as per which interim orders of stay granted by High Courts and other courts in civil and criminal trials will automatically expire after a period of six months unless the orders are specifically extended.
Case Title: State of Kerala V. Union of India
The State of Kerala has filed an original suit in the Supreme Court against the Union of India for imposing limits on the State's borrowing capacity. The State Government has said that the Centre has lowered the borrowing limit of the state, which can potentially lead to a grave financial crisis in the State. The Union's interference by the imposition of a borrowing ceiling violates the principles of fiscal federalism, the Kerala Government has argued.
On Wednesday (December 13), the Supreme Court recorded the Delhi government's submission that they have made budgetary provisions for the Regional Rapid Transit System (RRTS) project and are waiting for approval from the Central Government.
Against this backdrop, the Court granted 7 days' time to the Delhi government to transmit the amount. Additionally, the Court strictly directed the Delhi Government to abide by the schedule concerning the allocation of funds for this project.
Case Title: State of Tamil Nadu v. Governor of Tamil Nadu
Citation: Writ Petition(s)(Civil) No(s). 1239/2023
The Supreme Court on Wednesday (December 13) urged the Chief Minister and the Governor of Tamil Nadu to have an open dialogue to resolve the deadlock over the passing of the bills.
Case Details: Union of India v Lt Cdr Annie Nagaraja, Executive Officer
Citation: Diary No. 23843-2023
The Supreme Court on Wednesday (December 13) asked Attorney General for India R Venkataramani about the status of promotion of Women Navy Officers who have been granted permanent commission pursuant to the 2020 decision in Union of India v. Lt Cdr Annie Nagaraja and others.
The Supreme Court, today (on December 13), passed a slew of directions while hearing a batch of pleas raising concerns over the deteriorating air quality in the Delhi-National Capital Region (NCR). The Court reiterated that stubble burnings must be stopped and better air quality must be ensured for the next winter.
Pertinently, the States of Punjab and Haryana are required to comply with these directions within a period of two months and submit the progress report before the Court.
Case Title: All India Judges Association v Union Of India And Ors.
Citation: W.P.(C) No. 643/2015
On Monday, the Supreme Court expressed strong dismay over the delay by the Delhi Government in approving funds for infrastructure projects in the Delhi High Court (HC).
Case Details: Tushar Gandhi v. State of Uttar Pradesh
Citation: Writ Petition (Criminal) No. 406 of 2023
In the latest development in the Muzaffarnagar student slapping case, the Supreme Court on Monday (December 11), the court sought a response from the Uttar Pradesh government on how it proposed to implement the recommendations made by the Tata Institute of Social Sciences (TISS).
Besides this, the court once again stressed on the importance of providing the best educational opportunity possible to the victim of the incident apart from other facilities like counseling.
Parliament Clears Jammu and Kashmir Reservation Bill, Reorganisation (Amendment) Bill
The Rajya Sabha on Monday (December 11) passed two bills amending key laws in Jammu and Kashmir. The bills, namely the Jammu and Kashmir Reservation (Amendment) Bill, 2023, and the Jammu and Kashmir Reorganisation (Amendment) Bill, 2023, were introduced in the Parliament in July this year.
Case details: Yumlembam Surjit Singh v. Union of India
Citation: W.P.(C) No. 001341 - / 2023
The Supreme Court on Monday (December 11) refused to entertain a Writ Petition filed under Article 32 of the Constitution seeking directions to constitute a commission of inquiry to aid in resolving the differences between the three ethnic communities of the State of Manipur, namely the Nagas, Meiteis and Kukis.
The Central Government has decided to withdraw the three criminal law reform bills - Bharatiya Nyaya Sanhita, Bharatiya Sakshya Bill and Bharatiya Nagarik Suraksha Sanhita- introduced by it in the Lok Sabha to replace the Indian Penal Code, the Indian Evidence Act and the Code of Criminal Procedure respectively.
Advocate Prashant Bhushan has written to the Registrar of the Supreme Court seeking reasons for deletion of the petitions against Centre's delay in judges' appointments, without the knowledge or information of the presiding Judge and despite a judicial order for a specific date listing.
Supreme Court Upholds Abrogation Of Article 370: Live Updates From Judgment Pronouncement
The Supreme Court will pronounce its judgment in the Article 370 case today at 10.30 AM. A 5-judge bench led by Chief Justice of India DY Chandrachud will decide the validity of the Presidential Orders of 2019 repealing the special status of Jammu and Kashmir.
Lok Sabha MP from Trinamool Congress (TMC), Mahua Moitra has approached the Supreme Court challenging her expulsion from the lower house of Parliament in connection with the 'cash-for-query' allegations.
49-year-old Moitra was expelled as a Lok Sabha Member of Parliament (MP) on December 8 following the Ethics panel's determination of her guilt in the 'cash-for-query' case.
In 2023, the Supreme Court took a significant step by unveiling the 'Handbook on Combating Gender Stereotypes,' designed to assist legal professionals in recognizing and steering clear of detrimental language and stereotypes related to women. As an extension of its commitment to fostering accessible and inclusive courts, the Supreme Court now plans to launch a parallel handbook aimed at combating prejudicial language and stereotypes concerning individuals with disabilities.
Supreme Court Sets Unprecedented Record Of Case Disposals In 2023
The Supreme Court recorded an unprecedented rate of disposal in 2023, by disposing of 52191 cases from 1 January 2023 to 15 December 2023.
As per the Court statistics, the total disposal in the year 2023 stands at 52,191 in comparison to the total registration of cases which was 49,191. This means that this year, the Supreme Court was able to dispose of more cases as compared to the cases registered during the said period.
Parliament Passes Criminal Law Bills Seeking To Replace IPC, CrPC And Evidence Act
In a significant development during the winter session, the Rajya Sabha passed the three revised criminal law bills, namely, the Bharatiya Nyaya (Second) Sanhita, proposing to replace the Indian Penal Code, the Bharatiya Nagarik Suraksha (Second) Sanhita, proposing to replace the Code of Criminal Procedure, and the Bharatiya Sakshya (Second) Sanhita, which seeks to replace the Indian Evidence Act. These bills were cleared by the Lok Sabha yesterday.
Union Finance Minister Nirmala Sitharaman on Tuesday (December 19) told the Lok Sabha that the Chief Justice of India highlighted certain discrepancies between the Central Goods and Services Tax 2017 and the Tribunal Reforms Act 2021 regarding the age of qualifications of the members of the GST Appellate Tribunal.
It is to resolve the issues flagged by CJI DY Chandrachud that the Central Goods and Services Tax (Second Amendment) Bill, 2023 is being moved, the Minster added.
Highlights Of Bills Replacing IPC, CrPC & Evidence Act As Stated By Home Minister In Lok Sabha
The Lok Sabha today passed three criminal law bills, The Bharatiya Nyaya (Second) Sanhita 2023, The Bharatiya Nagarik Suraksha (Second) Sanhita 2023, and The Bharatiya Sakshhya (Second) Bill 2023, which seek to repeal and replace the Indian Penal Code 1860, Code of Criminal Procedure 1973 and the Indian Evidence Act 1872.
The retired Supreme Court Judge strongly felt that the Apex Court faltered in its reasons to uphold the Presidential Order declaring Article 370 inoperative. He opined that the Supreme Court “should sit in review” of its decision.
The Bharatiya Nyaya Sanhita 2023, the bill that seeks to replace the Indian Penal Code 1860, has carved out a special classification for doctors in relation to the punishment for causing death by medical negligence.
While the Sanhita enhances the punishment for causing death by negligence to imprisonment up to 5 years, if such death is caused by a doctor, then the punishment is imprisonment up to 2 years.
Parliament Passes Bill On Election Commissioners Appointment; CJI Dropped From Selection Panel
In a significant development during the Winter Session, the Lok Sabha passed the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023 on Thursday (December 21).
The bill aims to regulate the appointment, conditions of service, and term of office for the chief election commissioner (CEC) and other election commissioners (EC), as well as outline the procedure for the functioning of the Election Commission.
Article 370 Judgment Constitutionally Flawed, Bad In Law: Fali S Nariman
At the outset, Mr. Nariman opined the judgment to be politically welcomed as it ensured bridging the gap between Jammu and Kashmir and the rest of the nation. The removal of the special status as historically conferred upon the former princely state, in the political sense upholds the principle of national unity.
Case Details: LAVU NAMDEV TORASKAR v. GOA COASTAL ZONE MANAGEMENT AUTHORITY & ORS.
Citation: Civil Appeal No(s). 4294/2022
The Supreme Court has initiated contempt proceedings against a litigant for writing a letter to the President of India intentionally suppressing an undertaking given by him to the Court.
A bench comprising Justices Abhay S Oka and Sandeep Mehta observed, "Prima facie, we are of the view that this is a fit case to initiate proceedings against the appellant for civil and criminal contempt."
Law Can't Look Away From Discrimination In Private Spaces: CJI DY Chandrachud
Recently, the Chief Justice of India, D. Y. Chandrachud, while delivering Justice E S Venkataramiah's Centennial Memorial Lecture, spoke about how hierarchies, prejudices, and stigmas travel beyond the public and private spaces. He said:
“If the hierarchy persists in the private space and the law looks in the other way in the name of the sanctity of the household, or the sanctity of marriage, we would be failing in the promise of equal protection of the law and qualifying it with a caveat based on the location of wrongdoing. This will be a diluted understanding of what privacy entails.”
Supreme Court Stays Criminal Defamation Case Filed By Rohini Sindhuri IAS Against D Roopa IPS
Case Details : D Roopa v. Rohini Sindhuri
Citation: Diary No. 43749-2023
The Supreme Court on December 15 stayed the proceedings in the criminal defamation complaint filed by Rohini Sindhuri IAS against D Roopa Moudgil IPS.
The bench also restrained both the Karnataka officers from giving any interview or information to the media, social and print, in any form, considering the fact that it is making an attempt to resolve all the disputes pending between the parties.
Plea In Supreme Court Seeks Probe Monitored By Retired Judge Into Parliament Security Lapse
A lawyer has filed a Public Interest Litigation (PIL) petition in the Supreme Court seeking judicial investigation under the supervision of a retired SC judge into the security breach that happened in the Lok Sabha on December 13.
Amid outrage by the opposition over the December 13 Lok Sabha breach, the Rajya Sabha on Monday (December 18) passed two key bills extending women's quote to Puducherry and Jammu and Kashmir assemblies.
The Jammu and Kashmir Reorganisation (Second Amendment) Bill, 2023, and the Government of Union Territories (Amendment) Bill, 2023 secured passage in the Indian parliament's upper house today afternoon.
Parliament Passes Bill To Replace 125-Year-Old Indian Post Office Act; Opposition Raises Concerns
The Lok Sabha on Monday (December 18) passed the Post Office Bill, 2023, ushering in a new era by replacing the archaic Indian Post Office Act of 1898. This milestone in legislative reform was marked by heated debates and concerns surrounding privacy and governmental powers.
The bill, initially introduced in the Rajya Sabha during the Monsoon Session on August 10, successfully navigated both houses of Parliament, after first receiving approval from the upper house on December 4.
Telecommunications Bill 2023 Introduced In Lok Sabha With Money Bill Classification
On the eleventh day of the Winter Session, the Telecommunications Bill, 2023 was introduced in the Lok Sabha on Monday (December 18), after President Droupadi Murmu recommended its introduction under Article 117(1) of the Constitution of India yesterday.
This bill - tabled by IT Minister Ashwini Vaishnaw - aims to usher in comprehensive regulations for the telecommunications sector. However, concerns have been raised over what is being perceived as an attempt to categorize it as a money bill.
Declining Trend In Lawyers Taking Up Public Causes Worrisome: Former CJI NV Ramana
Former Chief Justice of India, Justice NV Raman, on Monday said that there is a “declining trend” in lawyers taking up public causes which unfortunately is not in accordance with the “rich legacy” that the profession has inherited.
“However, at present, it is worrisome to note the declining trend in lawyers taking up public causes. This trend unfortunately is not in accordance with the rich legacy that we have inherited. In addition, there is now a tendency to go for headline hunting through “Publicity Interest Litigation”; thereby subjecting a well-meaning and successful innovation of the Indian Judiciary to ridicule,” Justice Ramana said.
Case Title: Rajendra Bihari Lal and Ors v The State of Uttar Pradesh and Ors
Citation: SLP(Crl) No. 16557/2023
The Supreme Court today granted interim protection from arrest to the Vice Chancellor and other officials of the Sam Higginbottom University of Agriculture Technology and Science (SHUATS) in a case pertaining to alleged forceful religious conversion of a woman to Christianity.
On the twelfth day of the Winter Session, the Parliament passed on Tuesday (December 19) passed the National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Bill, 2023. The Lok Sabha cleared the bill this afternoon. Following that, the bill was sent to the Rajya Sabha, which also cleared it within minutes.
Criminal Law Bills Replacing IPC, CrPC, And Evidence Act Receive Presidential Assent
In a significant development, the President today gave her assent to three criminal law bills, recently passed by the parliament, namely, the Bharatiya Nyaya (Second) Sanhita, proposing to replace the Indian Penal Code, the Bharatiya Nagarik Suraksha (Second) Sanhita, proposing to replace the Code of Criminal Procedure, and the Bharatiya Sakshya (Second) Sanhita, which seeks to replace the Indian Evidence Act.
Supreme Court Collegium Recommends Appointment Of New Chief Justices In 5 High Courts
The Supreme Court collegium has recommended names to the Union Government for the appointment as Chief Justices of five High Courts.
