- Home
- /
- Top Stories
- /
- Supreme Court Monthly Roundup-...
Supreme Court Monthly Roundup- September 2023
Suraj Kumar
8 Oct 2023 9:30 AM IST
Judgment/OrdersMotor Accident Claims - Social Status Of Deceased To Be Considered If There's No Definite Proof Of Income: Supreme CourtCase title: Kubrabibi v. Oriental InsuranceCitation: 2023 LiveLaw (SC) 697In its judgment, the Supreme Court highlighted that when dealing with cases involving individuals employed in the unorganized sector, it is crucial to consider the notional income based...
Judgment/Orders
Case title: Kubrabibi v. Oriental Insurance
Citation: 2023 LiveLaw (SC) 697
In its judgment, the Supreme Court highlighted that when dealing with cases involving individuals employed in the unorganized sector, it is crucial to consider the notional income based on their social status. The Court emphasized that even in the absence of concrete proof of income, the notional income should be taken into account, especially when the claimants are dependents of the deceased.
Case title: Zunaid vs State of UP
Citation: 2023 LiveLaw (SC) 730
The Supreme Court observed that on the receipt of the final report, Magistrate can exercise his discretion to treat protest petition as a complaint case.
The court added that even in a case where the final report of the police under Section 173 is accepted and the accused persons are discharged, the Magistrate has the power to take cognizance of the offense on a complaint or a Protest Petition on the same or similar allegations even after the acceptance of the final report.
Case Title: Abhishek v. State of Madhya Pradesh
Citation: 2023 LiveLaw (SC) 731
The Supreme Court recently quashed the criminal proceedings initiated at the instance of a wife against her in-laws for the offense of cruelty under Section 498A of the Indian Penal Code after noting that the allegations were "mostly general and omnibus in nature".
Case Title: Abhishek v. State of Madhya Pradesh
Citation: 2023 LiveLaw (SC) 731
The Supreme Court recently clarified that the High Courts can quash an FIR even if chargesheet was filed while the petition filed under Section 482 CrPC was pending.
"It is well settled that the High Court would continue to have the power to entertain and act upon a petition filed under Section 482 Cr.P.C. to quash the FIR even when a chargesheet is filed by the police during the pendency of such petition", observed a bench comprising Justices Aniruddha Bose, Sanjay Kumar and SVN Bhatti.
Case title: Niranjan Das @ Niru Das @ Mahanto vs State of WB |
Citation: 2023 LiveLaw (SC) 732
The Supreme Court observed that a legal aid advocate appointed to represent the accused should be given reasonable time to go through the file and get ready to assist the Court.
The object of appointing an advocate to espouse the cause of the appellant who was unrepresented was to ensure that justice is done to him, the bench of Justices Abhay S Oka and Pankaj Mithal said.
Case Title: Punjab National Bank V. M.L. Kalra (D) Thr. Lrs. & Anr.
Citation: 2023 LiveLaw (SC) 733
The Supreme Court recently set aside the order of a division bench of the Delhi High Court that had quashed the disciplinary action initiated by Bank of India (later amalgamated with Punjab National Bank) against a delinquent Bank Manager. Disciplinary action was initiated against the respondent for sanctioning a loan that later became a Non-Performing Asset (NPA) causing huge losses to the bank
Case Title: Employees Provident Fund Organization v. Fanendra Harakchand Munot
Citation: 2023 LiveLaw (SC) 734
The Supreme Court recently held that the Commissioner and employees of the Employees Provident Fund Organization (EPFO) must ensure that they comply with the timelines under the Insolvency and Bankruptcy Code, 2016. The Apex Court also stated that in case of failure to comply with the timelines, action must be taken against erring employees
Supreme Court Upholds Disciplinary Action Against Advocate Who Was Running Taxi Service
The Supreme Court recently upheld the disciplinary action taken by the Bar Council of India(BCI) against an advocate who was running a taxi service. The advocate was barred from practice for one year due to his professional misconduct.
Case Title: Revanasiddappa vs. Mallikarjun C.A. No. 2844/2011 and connected cases
Citation: 2023 LiveLaw (SC) 737
The Supreme Court on Friday (September 1) pronounced a judgment recognizing the rights of children born out of invalid marriages in their parents' share in Hindu joint family property.
The Court held that children born out of void/voidable marriages are entitled to inherit a share in the property of their deceased parents which would have been allotted to them on a notional partition of the Hindu coparcenary property. However, such children are not entitled to the properties of any coparcener other than their parents.
The Court clarified that this ruling is applicable only to Hindu joint family properties governed by Hindu Mitakshara law.
Case Title: STATE OF HARYANA v. DHARAMRAJ,
Citation: 2023 LiveLaw (SC) 739
“The respondent, without first successfully assailing the order declaring him as a proclaimed offender, could not have proceeded to seek anticipatory bail. Looking to the factual prism, we are clear that the respondent’s application under Section 438, CrPC should not have been entertained, as he was a proclaimed offender”, observed the bench comprising Justices Ahsanuddin Amanullah and SVN Bhatti (State of Haryana v. Dharamraj).
Case title: Derha v. Vishal
Citation: 2023 LiveLaw (SC) 740
Tried and tested many times over, the issue of succession to Mitakshara coparcenary property continues to raise its head time and again like an undying Hydra of Lerna, the Supreme Court remarked while disposing of a civil appeal
The court noted that in Gurupad Khandappa Magdum vs. Hirabai Khandappa Magdum and others [(1978) 3 SCC 383], it was observed that in order to ascertain the shares of the heirs in the property of a deceased coparcener, the first step is to ascertain the share of the deceased himself in the coparcenary property.
Case Title: Pallavi v. Union Of India, Writ Petition (Civil) No(S). 642 Of 2023
Citation: 2023 LiveLaw (SC) 741
The Supreme Court recently granted relief to a candidate who was aggrieved by the rejection of her candidature as an Overseas Citizen of India(OCI) card holder by the All India Institute of Medical Sciences (AIIMS). Finding the rejection of her application as an OCI candidate to be illegal, the Court directed her to be considered in the remaining counseling rounds by the AIIMS and other NEET-PG Medical seats.
The Court further held that all those who had obtained OCI cards before 04.03.2021 are entitled to similar benefits in the NEET-PG admission process.
Case title: Archana v. State of West Bengal
Citation: 2023 LiveLaw (SC) 742
The Supreme Court observed that the power under Section 323 CrPC may be invoked by the Magistrate even after the deposition or the examination-in-chief of a witness.
The key requirement for the invocation of the power under Section 323 is that the learned Magistrate concerned must feel that the case is one that ought to be tried by the Court of Sessions, the bench of Justices MM Sundresh and JB Pardiwala observed
Case Title: Satbir Singh v. State of Haryana & Ors
Citation: 2023 LiveLaw (SC) 743
The Court quoted a precedent that held that the power under Section 311 CrPC should be invoked when ‘… it is essential for the just decision of the case.’
The Court reiterated the established position of law that Section 311, (Power to summon material witness, or examine person present) of the Code of Criminal Procedure, 1973 (CrPC), should be invoked only for the ends of justice and it should be exercised with caution and circumspection. Recall is not a matter of course and the discretion given to the court has to be exercised judicially to prevent failure of justice.
Case title: Revanasiddappa v. Mallikarjun
Citation: 2023 INSC 783
The Supreme Court, while holding that a child born from a void or a voidable marriage is entitled to parents' share in a Hindu Undivided Family(HUF) governed by Mitakshara law, clarified that such a child cannot be treated as coparcener by birth in the HUF.
"If a person born from a void or voidable marriage to whom legitimacy is conferred by sub-sections (1) or (2) of Section 16 [of the Hindu Marriage Act 1955] were to have an interest by birth in a Hindu Undivided Family governed by Mitakshara law, this would certainly affect the rights of others apart from the parents of the child.", the bench comprising CJI DY Chandrachud, Justices JB Pardiwala and Manoj Misra observed.
The Supreme Court recently upheld a decision of the Bar Council of India to suspend an advocate for 5 years for gross professional misconduct after it was revealed that he had acquired a General Power of Attorney from his own client in a property-related case and subsequently sold the property.
Case Title: Ameena Begum v. The State of Telangana & Ors.
Citation: 2023 LiveLaw (SC) 743
The Supreme Court has stated that preventive detention laws are an 'exceptional measure reserved for tackling emergent situations' and must not be used as a tool for enforcing 'law and order'. The Court strongly condemned the growing trend in the state of Telangana of passing orders of preventive detention at the ‘drop of a hat’ without consideration of the liberty and freedom guaranteed to people under the Constitution of India.
Case title: Munna Pandey v. State of Bihar
Citation: 2023 LiveLaw (SC) 744
The Supreme Court observed that Section 162 CrPC does not affect a Court's power to look into documents or put questions to witnesses suo motu to contradict them.
"There is in our opinion nothing in Section 162 of the CrPC which prevents a Trial Judge from looking into the papers of the chargesheet suo motu and himself using the statement of a person examined by the police recorded therein for the purpose of contradicting such person when he gives evidence in favour of the State as a prosecution witness.", the bench of Justices B R Gavai, J B Pardiwala and Prashant Kumar Mishra observed.
Judge Is Not A Mere Recording Machine; Must Actively Search For Truth In Trial: Supreme Court
Case Title: Munna Pandey v. State of Bihar - 2023 LiveLaw (SC) 744
The Supreme Court On September 4 overturned a judgment of the Patna High Court which confirmed the death sentence of a convict for the offense of rape and murder of a 10-year-old girl, after finding several faults with the High Court's approach. While remitting the matter for reconsideration by the High Court, the Supreme Court made strong observations about the concept of fair trial. The judgment was authored by Justice JB Pardiwala and it starts with a quote from Harry Browne:
“A fair trial is one in which the rules of evidence are honored, the accused has competent counsel, and the judge enforces the proper courtroom procedures - a trial in which every assumption can be challenged.”
Case title: Union of India v. Manjurani Routray
Citation: 2023 LiveLaw (SC) 745
The Supreme Court reiterated that to strike down the provisions of a law or to declare certain rules as ultra vires, there must be a specific pleading and a request for such a relief in the case
The Court observed, “It is a trite law that for striking down the provisions of law or for declaring any rules as ultra vires, specific pleading to challenge the rules and asking of such relief ought to be made, that is conspicuously missing in the present case.”
Case title: Fulmati Dhramdev Yadav v. New India Assurance Co Ltd
Citation: 2023 LiveLaw (SC) 746
The Supreme Court observed that an appeal from an order of Workmen’s Compensation Commissioner can be entertained only if there exists a substantial question of law to be considered/
Case title:L R Patil v. Gulbarga University
Citation: 2023 LiveLaw (SC) 748
The Supreme Court observed that a ‘lien’ of a government servant only ceases to exist when he/she is appointed on another post ‘substantively’/confirmed or absorbed permanently.
Otherwise, his/her lien would continue on the previous post, the bench of Justices JK Maheshwari and KV Viswanathan observed.
Case title: UT of Ladakh v. Jammu and Kashmir National Conference
Citation: 2023 LiveLaw (SC) 749
The Court came down heavily on the Ladakh Administration for notifying the LAHDC elections while sitting over the representation made by JKNC seeking the allotment of the reserved symbol.
“The Appellants(Ladakh Admin), while sitting on the representation of R1(JKNC), went ahead and notified the elections on 02/05.08.2023. We are unable to appreciate such conduct. This recalcitrance to decide in time speaks volumes. Instances like these raise serious questions", the bench comprising Justices Vikram Nath and Ahsanuddin Amanullah noted
Case title: UT of Ladakh v. Jammu and Kashmir National Conference
Citation: 2023 LiveLaw (SC) 749
The Supreme Court has clarified that the High Courts cannot refuse to follow its binding judgment on the ground that a reference has been made against it to the larger bench or a review is pending against it.
It observed, “We are seeing before us judgments and orders by High Courts not deciding cases on the ground that the leading judgment of this Court on this subject is either referred to a larger Bench or a review petition relating thereto is pending. We have also come across examples of High Courts refusing deference to judgments of this Court on the score that a later Coordinate Bench has doubted its correctness.”
Case title: UT of Ladakh v. Jammu and Kashmir National Conference
Citation: 2023 LiveLaw (SC) 749
The Supreme Court recently held that as a general rule, the courts do not interfere in election matters. However, the court clarified that this principle is not absolute. It recognized that there are circumstances where executive actions or attempts to disrupt a fair electoral playing field may emerge. In such cases, the Constitutional Courts are not only permitted but also duty-bound to step in and ensure the integrity of the election process.
It observed “We would indicate that the restraint, self-imposed, by the Courts as a general principle, laid out in some detail in some of the decisions, in election matters to the extent that once a notification is issued and the election process starts, the Constitutional Courts, under normal circumstances are loath to interfere, is not a contentious issue. But where issues crop up, indicating unjust executive action or an attempt to disturb a level-playing field between candidates and/or political parties with no justifiable or intelligible basis, the Constitutional Courts are required, nay they are duty-bound, to step in"
Case: Union Territory of Ladakh v. Jammu and Kashmir National Conference
Citation: 2023 LiveLaw (SC) 749
In a significant development, the Supreme Court on Wednesday set aside the notification issued by the Union Territory of Ladakh on August 5 for the Ladakh Autonomous Hill Development Council (LAHDC) election in the Kargil region, which was scheduled on September 10.
The Court further held that the Jammu and Kashmir National Conference Party(JKNC) is entitled to the 'plough' symbol. The Court passed this ruling dismissing the petition filed by the Union Territory of Ladakh opposing the allotment of 'plough' symbol to JKNC. The Court imposed a cost of Rupees One Lakh on the Ladakh Administration for filing the petition. The Administration has been directed to issue a fresh election notification within seven days.
Case Title: Balwantbhai Somabhai Bhandari v. Hiralal Somabhai Contractor
Citation: 2023 LiveLaw (SC) 750
In a recent judgment, the Supreme Court held that litigants will be liable for 'civil contempt' on wilful breach of an undertaking given on their behalf by their advocate to the Court.
"We hold that an assurance in the form of an undertaking given by a counsel / advocate on behalf of his client to the court; the wilful breach or disobedience of the same would amount to “civil contempt” as defined under Section 2(b) of the Act 1971. The undertaking given to a court attracts the provisions of the Act 1971 whereas an undertaking given to a party to the lis by way of an agreement of settlement or otherwise would not attract the provisions of the Act 1971", the Court held(Balwantbhai Somabhai Bhandari v. Hiralal Somabhai Contractor).
Case title: R Sreenivasa v. State of Karnataka
Citation: 2023 LiveLaw (SC) 751
The Supreme Court observed that the ‘last seen’ theory can be invoked only when the same stands proved beyond reasonable doubt.
"The burden on the accused would kick in, only when the last seen theory is established. In the instant case, that itself is in doubt.", the bench comprising of Justices said while acquitting the accused in a murder case.
Case title: K. Hymavathi v. State of Andhra Pradesh
Citation: 2023 LiveLaw (SC) 752
The Supreme Court observed that the question of whether a cheque was issued towards a time-barred debt is to be decided on evidence.
"It is only in cases wherein an amount which is out and out non-recoverable, towards which a cheque is issued, dishonored and for recovery of which a criminal action is initiated, the question of threshold jurisdiction will arise. In such cases, the Court exercising jurisdiction under Section 482 CrPC will be justified in interfering but not otherwise", the bench of Justices AS Bopanna and Prashant Kumar Mishra said.
Case Title: Eva Agro Feeds Private Limited V. Punjab National Bank & Anr
Citation: 2023 LiveLaw (SC) 753
The Supreme Court on Wednesday held that even though the highest bidder in an auction sale under the Insolvency and Bankruptcy Code 2016 has no indefeasible right to demand acceptance of his bid, the liquidator, if such a bid is rejected must furnish reasons for the same in the rejection order.
A division bench of Justice B V Nagarathna and Justice Ujjal Bhuyan held that the mere expectation of the Liquidator that a higher price may be obtained is not a good ground to cancel an otherwise valid auction. The Court also held that once an auction is complete, the liquidator does not have absolute or unfettered discretion to cancel the auction, unless it is found that fraud or collusion had vitiated it.
Case Title: XXX v. YYY
Citation: 2023 LiveLaw (SC) 754
While allowing a petition filed by an estranged wife seeking divorce, the Supreme Court on Wednesday (06.09.2023) said that the word ‘cruelty’ under Section 13(1)(ia) of the Hindu Marriage Act Act gives wide discretion to Courts ‘to apply it liberally and contextually’.
While interpreting the meaning of cruelty, the Court said that what is cruelty for a person, may not be cruelty for another and that the meaning has to be ascertained in its context. “It has to be applied from person to person while taking note of the attending circumstances.”, the Apex Court said.
Case Title: Rohit Chaudhary & Anr. v. M/s Vipul Ltd.
Citation: 2023 LiveLaw (SC) 754
The Supreme Court has ruled that a person buying goods either for resale or for use in large-scale profit-making activity, will not be a ‘consumer’ entitled to protection of the Consumer Protection Act, 1986. However, if the commercial use is by the purchasers themselves for the purpose of earning their livelihood by means of self-employment, such purchasers of goods would continue to be ‘consumers’
SLP Cannot Be Filed To Challenge An Order Passed By High Court On Administrative Side: Supreme Court
Case title: Nimmanapally Surya Reddy v. Honorable Chief Justice High Court Of Telangana - Citation: 2023 LiveLaw (SC) 755
Article 136 contemplates only special leave petition to the Court from adjudication of courts and tribunals and such adjudication must doubtless be judicial. Since no Special Leave Petition can be filed against the administrative order, there is nothing wrong with the order of the Registrar and the order dated 6th January, 2023 passed by the Registrar is upheld", the judge noted.
Case Title: NHPC LTD. VS. STATE OF HIMACHAL PRADESH SECRETARY & ORS.
Citation: 2023 LiveLaw (SC) 756
The Supreme Court has ruled that it is permissible for the legislature to remove a defect in earlier legislation, as pointed out by a constitutional court in the exercise of its powers of judicial review. The court said the defect can be removed both prospectively and retrospectively by a legislative process and previous actions can also be validated.
“However, where a legislature merely seeks to validate the acts carried out under a previous legislation which has been struck down or rendered inoperative by a Court, by a subsequent legislation without curing the defects in such legislation, the subsequent legislation would also be ultra-vires,” the bench comprising Justices B.V. Nagarathna and Ujjal Bhuyan said.
Case Title: Makkella Nagaiah V. State Of Andhra Pradesh, Writ Petition (Crl.) No. 429 Of 2022
Citation: 2023 LiveLaw (SC) 757
The Supreme Court recently directed the release of a man who had undergone 12 years of imprisonment, after finding that he was a juvenile at the time of the commission of the crime and reiterating that the maximum sentence under the Juvenile Justice Act, 2000 is 3 years.
Case title: Union of India v. Jogeshwar Swain
Citation: 2023 LiveLaw (SC) 758
The Supreme Court raised serious doubts regarding a conviction based on a guilty plea in a case involving allegations against a Border Security Force (BSF) constable(respondent) of clicking photographs of a lady doctor while she was bathing. The Court highlighted several critical factors that raised concerns about the credibility of the confession, including the absence of an eye witness, the recovery of the camera from another person's house, and inconsistencies in witness statements. The Court questioned why would the respondent confess when there was minimal evidence against him.
LIC Not Entitled To Levy Fee For Endorsing Transfer Or Assignment Of A Policy: Supreme Court
Case Title: Life Insurance Corporation of India V. Dravya Finance Pvt. Ltd. & Ors, Civil Appeal No.4095 of 2012
Citation: 2023 LiveLaw (SC) 759
The Supreme Court on Wednesday held that the Life Insurance Corporation (LIC) is not entitled to levy a service charge or fee for endorsing the assignment or transfer of a policy.
The Apex Court was considering the legality of a circular dated 24th April 2006 issued by LIC that imposed a registration charge of Rs.250 per assignment of policy. The Bombay High Court had struck down this circular as unconstitutional, holding that it was levying service charges or fees without any power to do so.
Case Title: Harendra Rai v. State of Bihar, Criminal Appeal No.1726 of 2015
Citation: 2023 LiveLaw (SC)760
Last week, the Supreme Court sentenced former Member of Parliament (MP) and Rashtriya Janata Dal (RJD) leader Prabhunath Singh to life imprisonment in the double murder case of 1995.
While pronouncing the sentence, the Apex Court also directed compensation of Rupees 10 lakh each for both the deceased and Rs 5 lakhs each for the injured in the incident, to be paid by the Bihar Government and the convict separately. The Court also imposed a sentence of seven years imprisonment on Singh for the offense of attempt to murder under Section 307 IPC.
Case title: State of Punjab v. Jaswant Singh
Citation: 2023 LiveLaw (SC) 761
The Supreme Court recently reiterated the distinction between simpliciter termination and punitive termination. This distinction is crucial since if the order of termination is punitive or stigmatic in nature, it becomes mandatory to conduct an inquiry following the procedure and an opportunity to be heard has to be given. Failure to do so may make such termination/discharge illegal and in violation of principles of natural justice.
The Court relied on the State of Punjab v. Balbir Singh, (2004) which emphasized that if an enquiry or assessment is conducted with the aim of uncovering any misconduct by an employee and results in their termination, it is considered punitive in nature. Whereas, if it is focused on evaluating an employee's suitability for a specific job, the termination is considered termination simpliciter and not punitive.
Case Title: Purushottam Bagh Sahkari Awas Samiti Ltd. v. Sri Shobhan Pal Singh And Anr. Etc,
Citation: 2023 LiveLaw (SC) 762
The Supreme Court, while affirming an impugned judgment of the High Court, observed that "mere living in a particular house by itself would not mean that the said house is under the ownership of the person living therein in his individual capacity or even that it is within the area of operation of the society".
Case Title: ARN INFRASTRUCTURE INDIA LIMITED v. HARA PRASAD GHOSH
Citation: 2023 LiveLaw (SC) 763
A Division Bench of the Supreme Court set aside the decision of National Consumer Disputes Redressal Commission, New Delhi (NCDRC), while upholding the principles of natural justice. The Court opined that although the opposite party had not filed its written version and may not have participated in the proceedings before the NCDRC, it nevertheless had the right to address final arguments before the NCDRC.
While remanding the matter, the Court found that refusing to hear the opposite party while considering the complainant’s case on its merits amounted to a violation of the principles of natural justice
Case Title: Prakash Bang vs Glaxo Smithkline Pharmaceuticals Ltd. & Anr.
Citation: 2023 LiveLaw (SC) 764
The Supreme Court has upheld an order of the National Consumer Disputes Redressal Commission (NCDRC) where the Commission had held that no case of deficiency of service or defect was made out against drug-manufacturer, Glaxo Smithkline Pharmaceuticals Ltd, in relation to administration of vaccine Engerix-B
“Except for the appellant assuming that he has suffered ‘myositis’ and the cause for the same was the Engerix-B vaccine being administered, the same has not been established with the minimal required evidence to conclude even on preponderance of probability,” the bench of Justices A.S. Bopanna and Prashant Kumar Mishra said while dismissing the appeal.
Case Title: Anshul Gupta v. Prime Minister Office, Writ Petition (Civil) No. 635/2023
Citation: 2023 LiveLaw (SC) 765
The Supreme Court recently dismissed a Public Interest Litigation (PIL) that challenged the September 2021 Cabinet decision to relax payment terms of the adjusted gross revenue (AGR) due from Telecom Service Providers.
Dismissing the PIL, the Court observed that it would have been more appropriate for the Central Government to file an application in the Supreme Court seeking modification of the directions passed on 01.09.2020. However, the Court refused to interfere with the Government's decision to give relaxations to the telecom sector in view of the "outstanding performance of the telecom sector in meeting the COVID-19 pandemic challenges
Case Title: Satendra Babu vs. State of Uttar Pradesh
Citation : 2023 LiveLaw (SC) 766
The Supreme Court recently stated that when accused persons are in prison, it is the duty of the police to produce them before the trial court. If the police fail to produce them before the court, then the accused cannot be made to suffer due to such negligence of the police.
Case Title: Central Bureau of Investigation v. Dr RR Kishore | Criminal Appeal No. 377 of 2007 and other connected matters
Citation : 2023 LiveLaw (SC) 770
In a significant development, a constitution bench of the Supreme Court on Monday declared that its 2014 judgment, which declared Section 6A of the Delhi Special Police Establishment Act 1946 as unconstitutional, will have retrospective effect. This means that Section 6A is held to not be in force right from the date of its insertion.
Section 6A of the DSPE Act required the Central Bureau of Investigation to obtain prior sanction from the central government to investigate corruption cases against an officer of the rank of joint secretary and above. This provision was struck down as unconstitutional by the Supreme Court in Subramanian Swamy v. Union of India
Case Title: Central Bureau of Investigation v. Dr RR Kishore | Criminal Appeal No. 377 of 2007 and other connected matters
Citation : 2023 LiveLaw (SC) 770
Once a law is declared unconstitutional on grounds of it infringing any of the fundamental rights guaranteed under Part III of the Constitution, it would be held to be unenforceable right from the date of enactment, a Supreme Court constitution bench has observed. While holding that its 2014 judgment declaring Section 6A of the Delhi Special Police Establishment Act 1946 unconstitutional, will have a retrospective effect, the court said –
“It is crystal clear that once a law is declared to be unconstitutional, being violative of Part III of the Constitution, then it would be held to be void ab initio, stillborn, unenforceable and non est in view of Article 13(2) of the Constitution and its interpretation by authoritative pronouncements. Thus, the declaration made by the constitution bench in the case of Subramanian Swamy will have retrospective operation. Section 6A of the DSPE Act is held to be not in force from the date of its insertion i.e. September 11, 2003.”
Case Title: Central Bureau of Investigation v. Dr RR Kishore | Criminal Appeal No. 377 of 2007 and other connected matters
Citation : 2023 LiveLaw (SC) 770
A Supreme Court constitution bench on Monday(September 11) reiterated that any change in procedure after an offence is committed would not be unconstitutional on grounds of the bar on the retrospective application of ex post facto laws contained in Article 20(1) of the Constitution, since procedural matters were not covered by the said clause.
Case Title: JAGPAL SINGH v. THE STATE OF U.P. & ORS., SPECIAL LEAVE PETITION (C) No.31526 OF 2017
Citation : 2023 LiveLaw (SC) 771
If an employee who is continuing in service on the strength of an interim order gets a promotion, such promotion will get nullified once the interim order is dismissed, held the Supreme Court recently.
The Court was considering a challenge to a judgment passed by the Division Bench of the Allahabad High Court, as a result of which the services of the petitioner, a temporary Collection Peon, stood terminated, notwithstanding the subsequent promotion earned by him on the post of Collection Amin on the strength of his continued working under the interim order passed by the High Court.
Supreme Court Disapproves Of High Court Order Limiting Bail To Three Months
Case: Ranjit Digal v. State of Odisha
Citation : 2023 LiveLaw (SC) 772
The Supreme Court recently disapproved of an order passed by a High Court which restricted the bail to a particular period.
"Once the High Court came to the conclusion that the accused was entitled to bail, there was no reason to restrict the bail to the period of three months", the Court observed in the case Ranjit Digal vs State of Odisha
Case Title: M/S. RPS Infrastructure Ltd V. Mukul Kumar, Civil Appeal No. 5590 of 2021
Citation : 2023 LiveLaw (SC) 773
The Supreme Court on Monday said that admitting claims after the Resolution Plan has been accepted by the Committee of Creditors (COC) under Insolvency and Bankruptcy Code, 2016 (IBC) even though the Adjudicating Authority has yet to approve the plan, would make the Corporate Insolvency Resolution Process (CIRP) an endless process.
The Apex Court was considering whether the claim pertaining to an arbitral award, in appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (Act), could be admitted after the resolution plan had been approved by the COC. “We find it difficult to unleash the hydra-headed monster of undecided claims on the resolution applicant” the Apex Court said while dismissing the plea of the claimant.
Case Title: P. M. PAUL v. THE STATE TAX OFFICER & ORS.
Citation : 2023 LiveLaw (SC) 774
The Supreme Court has ruled that since appeal is a statutory remedy, the assessee cannot be barred from seeking restoration of the appeal which was withdrawn by him as a pre-condition for availing the benefit under an Amnesty scheme, if the assessee is subsequently unsuccessful in availing the benefit of the scheme.
The top court remarked that the appellate authority as well as the Kerala High Court ought to have allowed the assessee to seek restoration of his appeal before the appellate authority so that the same could have been heard on merits. The court thus set aside the order of the High Court where it had upheld the appellant authority’s decision rejecting assessee’s application for restoration of appeal against the assessment order passed against him.
Case Title: A. Valliammai V. K.P. Murali, Civil Appeal No. 5342 of 2023
Citation: 2023 LiveLaw (SC) 777
The Supreme Court on Tuesday (12.09.2023) held that, when no time is fixed for specific performance of a contract, then the limitation period for a specific performance suit as per Article 54 of Part II of the Schedule to the Limitation Act, 1963, will run from the date on which the plaintiff had notice of refusal on part of the defendant to perform the contract to determine the period of limitation.
The first part of Article 54 states that the limitation period for filing a suit for specific performance would be three years from the date fixed for performance. However, when no date is fixed, the period of limitation is three years from the date when the plaintiff has notice that performance has been refused, as per the second part of Article 54.
Case Title: A. KRISHNA SHENOY v. GANGA DEVI G. & ORS, Petition(s) for Special Leave to Appeal (C) No(s). 8080/2019
Citation : 2023 LiveLaw (SC) 778
In a recent development, a Division Bench of the Supreme Court made an important observation that in a suit for partition, every interested party is considered to be a plaintiff. Further, the law does not prohibit the passing of numerous preliminary decrees.
“Admittedly, we are dealing with a suit for partition, in which every interested party is deemed to be a plaintiff. The law does not bar passing of numerous preliminary decrees.”
Supreme Court Upholds Life Sentence For Men Who Murdered Woman Alleging Witchcraft
Case title: Bhaktu Gorain v. State of West Bengal
Citation: 2023 LiveLaw (SC) 779
In a recent judgment, the Supreme Court upheld the rigorous life imprisonment sentence of the convicts in a witchcraft-related murder case. The Court ruled that the convicts had a common intention to kill the victim.
The five accused persons called the deceased a witch (diayen) who is the cause of trouble to the villagers as she used to indulge in witchcraft and killed her.
The Court observed “The very fact that they had assembled in the morning and surrounded (gheraoed) the deceased with deadly weapons is a sufficient indication to infer that they had surrounded (gheraoed) in a pre-planned manner with a pre-determined mind. Thus, the submission that they had no common intention stands completely ruled out. Moreover, the nature of injuries which have been caused on the head of the deceased with the deadly weapons proves that they had assembled with the common intention and not merely to threaten her or to deter her from practicing witchcraft.”
Case title: Rupesh Manger (Thapa) v. State of Sikkim
Citation: 2023 LiveLaw (SC) 781
The Supreme Court observed that the standard of proof to prove the lunacy or insanity is only ‘reasonable doubt’.
An accused who seeks exoneration from liability of an act under Section 84 of IPC has to prove legal insanity and not medical insanity, the bench of Justices JB Pardiwala and Prashant Kumar Mishra observed.
Case Title: Javed Shaukat Ali Qureshi v. State of Gujarat
Citation: 2023 LiveLaw (SC) 782
The jurisdiction under Article 136 of the Constitution can be invoked even suo motu in compelling cases, observed the Supreme Court in a recent judgment, while setting aside the conviction of certain accused persons, even though they themselves had not filed any appeal.
While considering the appeal filed by another accused person, the Court noted that the evidence against all the accused persons were the same. Hence, the benefit of acquittal given to one accused has to be extended to the other accused also, even if they haven't approached the Supreme Court.
Case Title: VASANT NATURE CURE HOSPITAL & PRATIBHA MATERNITY HOSPITAL TRUST & ORS. v. UKAJI RAMAJI-SINCE DECEASED THROUGH HIS LEGAL HEIRS & ANR, 2023INSC825
Citation : 2023 LiveLaw (SC) 783
Case Title: The National Law University Jodhpur v. Prashant Mehta & Ors
Citation: Special Leave to Appeal (C) No(s). 13762- 13764/2019, 2023 LiveLaw (SC) 782
The Supreme Court has expressed serious concerns at the National Law University, Jodhpur, operating only with contractual teachers. "To say the least, this is unacceptable and undesirable", the Court observed.
The Court noted that as per the regulations of the University Grants Commission, only 10 percent of the staff can be contractual staff. The Court was told that the NLU's regulations were recently amended to provide for 50 percent permanent staff and 50 per cent contractual. However, even this has not been implemented
Case Title: Brihan Karan Sugar Syndicate Private Limited v. Yashwantrao Mohite Krushna Sahakari Sakhar Karkhana
Citation: 2023 LiveLaw (SC) 784
The Supreme Court has reiterated that in a suit for passing off, for establishing goodwill of the product, it is necessary for the plaintiff to prove not only the figures of sale of the product but also the expenditure incurred on promotion and advertisement of the product.
Case Title: KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. KSCARDB VS. THE ASSESSING OFFICER, TRIVANDRUM AND ORS.
Citation : 2023 LiveLaw (SC) 786
The Supreme Court has held that if a cooperative society does not transact the business of banking as defined in Section 5 (b) of the Banking Regulation Act, 1949 (BR Act), it would not be a cooperative bank. Thus, if a co-operative society is not a ‘co-operative bank’ within the meaning of Section 56 of the BR Act, then such an entity would be entitled to deduction under Section 80P of the Income Tax Act, the court has ruled.
“But on the other hand, if it is a co-operative bank within the meaning of Section 56 of BR Act, 1949 read with the provisions of NABARD Act, 1981 (National Bank for Agriculture and Rural Development Act), then it would not be entitled to the benefit of deduction under sub-section (4) of Section 80P of the Act,” the bench of Justices B.V. Nagarathna and Ujjal Bhuyan said.
Case Title: Tata Power Western Odisha Distribution Limited & Anr. V Jagannath Sponge Private Limited
Citation: 2023 LiveLaw (SC) 788
The Supreme Court has held that under the Insolvency and Bankruptcy Code, 2016 (“IBC”), once the Resolution Plan stands approved by the National Company Law Tribunal (NCLT), the Electricity Department cannot demand payment of arrears, which were payable by the Corporate Debtor, from the Successful Resolution Applicant for restoration/grant of electricity connection.
Case Title: B.C. Nagaraj and Anr. V. The State of Karnataka
Citation: 2023 LiveLaw (SC) 789
The Supreme Court on Wednesday (13.09.203) granted the benefit of revised UGC pay scale as per a 1999 Karnataka Government Order (G.O) to two Physical Education instructors with retrospective effect from 1st January 1996, despite a 2008 G.O that stated that the revised UGC pay scale was to be notionally extended from 27th July 1998.
The Apex Court extended such benefit to the appellants despite the 2008 G.O limiting pay revision because a similarly situated person had been given the same benefit by the Karnataka High Court in 2009 despite the 2008 G.O, which was later affirmed by the Supreme Court.
Case title: DBS Bank India Ltd. v. State NCT of Delhi & Ors; Religare Finvest Ltd v. State of NCT of Delhi
Citation: 2023 LiveLaw (SC) 790
The Supreme Court recently(11 Sep) emphasized that a company's criminal responsibility is recognized when it can be attributed to the actions of individual employees, directors, or officials. This approach aligns with previous legal precedents, including cases such as Tesco, Meridian Global Funds, Standard Chartered Bank, and Iridium, where corporate criminal liability was recognized based on individual actions within the company.
Case title: DBS Bank India Ltd. v. State NCT of Delhi & Ors, Religare Finvest Ltd v. State of NCT of Delhi
Citation: 2023 LiveLaw (SC) 790
The Supreme Court today ruled that DBS Bank and its directors, who were appointed after the amalgamation with Lakshmi Vilas Bank(LVB) and had their appointments approved by the Reserve Bank of India (RBI), cannot be held criminally liable for actions attributed to erstwhile directors of LVB.
The Court held, “In the present context, public confidence in the banking system was at stake when RBI stepped in and imposed a moratorium and asked DBS to take over the entire functioning, management, and assets of erstwhile LVB. To permit the prosecution of DBS for acts of LVB who are facing criminal charges would result in a travesty in justice. Therefore, pending criminal proceedings arising out of the FIR, to the extent it involves DBS and all consequent proceedings are hereby quashed. The impugned judgment is set aside. Appeal by DBS is allowed.”
Case title: Axis Bank Ltd. v. Naren Seth
Citation: 2023 LiveLaw (SC) 791
The Supreme Court today dismissed an appeal by Axis Bank Limited(appellant), thereby affirming the condonation of delay in initiating the Corporate Insolvency Resolution Process (CIRP) by the State Bank of India (SBI) against a corporate debtor under Section 7 of Insolvency and Bankruptcy Code(IBC), 2016.
The Court observed, “For all reasons recorded above, no merit in appeal the same is dismissed”.
Case Title: STATE OF WEST BENGAL AND ANOTHER v. M/S. CHIRANJILAL (MINERAL) INDUSTRIES OF BAGANDIH
Citation: CIVIL APPEAL NO. 8238 OF 2022
The Supreme Court has elucidated the exceptions applicable to Section 10-A (1) of the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act), which provides that all applications received for grant of mining lease prior to 12.01.2015, shall become ineligible. The court remarked that the object and purpose of the Mines and Minerals (Development and Regulation) Amendment Act, 2015 is to ensure that allocation of mineral resources is done through auctioning. This is the reason why sub-section (1) to Section 10-A, which is inserted by the 2015 Amendment Act, mandates that all applications received prior to 12.01.2015 shall become ineligible, the court remarked.
The court held that where a prospecting licence has been granted to the permit holder or the licensee has the right to obtain a prospecting licence followed by a mining lease, and the State Government is satisfied that the permit holder or the licensee has complied with the requirements specified in Section 10-A (2)(b) of the MMDR Act, the bar of Section 10-A (1) shall not be applicable.
Case title: Buddhadeb Saha v. State of West Bengal
Citation: 2023 LiveLaw (SC) 794
The Supreme Court recently upheld the conviction of the appellants in a dowry death case, despite the absence of a positive viscera report. The case revolved around the death of Tuli Shah, who allegedly committed suicide due to harassment for dowry.
The Court observed “Thus, the absence of detection of poison in the viscera report alone need not be treated as conclusive proof of the fact that the victim has not died of poison. As pointed out by this Court in a number of cases, where the deceased dies as a result of poisoning, it is difficult to successfully isolate the poison and recognize it. Lack of positive evidence in this respect would not result in throwing out the entire prosecution case, if the other circumstances clearly point out the guilt of the accused.
Case title: Union of India v. Vinod Kumar
Citation: 2023 LiveLaw (SC) 795
The Supreme Court on Thursday(Sep 14) referred a significant case regarding the employment status of civilian employees working in Unit Run Canteens (URCs) within the Armed Forces to a larger bench. This decision comes in light of conflicting judgments in previous cases, specifically the Mohd. Aslam (2001) and R.R. Pillai's case (2009).
In ‘Union of India vs. Mohd Aslam’ reported in [2001] 1 SCC 720, a two-judge bench declared that the status of the employees in the URCs must be held to be that of a government employee. Whereas in ‘R.R. Pillai (Dead) through LRs. Vs. Commanding Officer, HQS, Southern Air Command(U) & Others.’ reported in [2009] 13 SCC 311, a 3-judge bench held that the employees of URCs are not government servants.
Case Title: CHEN KHOI KUI v. LIANG MIAO SHENG & ORS
Citation: 2023 LiveLaw (SC) 796
The Supreme Court has upheld the decision of the Calcutta High Court where it was held that the Registrar of Society can only cancel registration granted to a society under the West Bengal Registration Act, 1961, by exercising a power of procedural review. The High Court was of the view that there is a vital difference between the power of substantive review and procedural review, and the former was not available to the Registrar while deciding an application for cancellation of registration.
Case title - Sachin Chaudhary v. State Of UP And 2 Others,
Citation: 2023 LiveLaw (SC) 797
Recently, the Supreme Court dismissed a petition filed by the Secretary of UP Youth Congress, Sachin Chaudhary, seeking to quash an FIR over his alleged remark that Prime Minister of India Narendra Modi was in a "love affair" with Industrialist, founder and chairman of Adani Group, Gautam Adani.
Case title: Bijoy Shankar Mishra v. State of Jharkhand
Citation: 2023 LiveLaw (SC) 798
In a notable case, the Supreme Court recently gave relief to a party whose complaint for cheque dishonour was dismissed by the Magistrate at the final hearing stage on the ground of lack of territorial jurisdiction.
The Supreme Court invoked its special powers under Article 142 of the Constitution to transfer the case to the appropriate Court, after noting that the party did not receive proper legal assistance.
Case title: Keshav Sood v. Kirti Pradeep Sood
Citation: 2023 LiveLaw (SC) 799
The Supreme Court has recently reiterated that the principle of res judicata cannot be invoked as a ground for the rejection of a plaint under Order VII Rule 11(d) of the Code of Civil Procedure (CPC).
This decision, delivered by a bench comprising Justices Abhay S. Oka and Justice Pankaj Mithal clarified the scope and application of Rule 11(d) of CPC and its relationship with the doctrine of res judicata.
Order V Rule 2 Of Civil Procedure Code Requires Service Of Summons With Plaint: Supreme Court
Case Title: National Insurance Company Ltd V. M/S National Building Construction India Ltd
Citation: 2023 LiveLaw (SC) 800
The Supreme recently said that service contemplated under Order V Rule 2 of the Code of Civil Procedure, 1908, implies service of summons along with the copy of the plaint.
Case Title: Ganesh Digamber Jambhrunkar V. State Of Maharashtra
Citation: 2023 LiveLaw (SC) 801
The Supreme Court recently held that by working for a long period of time on contractual basis, no vested legal right is acquired for regularisation in service
Case Title: Principal Commissioner Of Income Tax-10 v M/S Krishak Bharti Cooperative Ltd.
Citation: 2023 LiveLaw (SC) 802
The Supreme Court has held that if an Indian Entity’s Establishment is operating in Oman and has a ‘Permanent Establishment’ status under Double Taxation Avoidance Agreement (“DTAA”), then the dividend income received by the Indian Entity from such Establishment would not be taxable under Indian Taxation laws.
As per the laws in Oman, the dividend distributed by all companies, including the tax-exempt companies would be exempt from payment of income tax in the hands of the recipients. Ideally such income was taxable under laws of Oman, but an exemption was given.
Case title: Rameshji Amarsingh Thakor v. State of Gujarat
Citation: 2023 LiveLaw (SC) 804
The Supreme Court recently reaffirmed the paramount importance of eyewitness accounts in criminal trials. The Court relied on Darbara Singh v. State of Punjab (2012) 10 SCC 476 and Anvaruddin v. Shakoor 1990 (3) SCC 266 to emphasize the importance of ocular evidence over the opinion of medical experts. The judgment underlined that eyewitness testimony, even if not detailed in every aspect, holds substantial weight in establishing the sequence of events.
Case Title: Samir Kumar Majumder v. The Union of India
Citation: 2023 LiveLaw (SC) 806; 2023INSC836
Recently, a Division Bench of the Supreme Court, reiterated the established law on the doctrine of res judicata that has been recognized by this Court in several judgments. The Court opined:
“The doctrine itself is based on public policy flowing from the age-old legal maxim interest reipublicae ut sit finis litium which means that in the interest of the State there should be an end to litigation and no party ought to be vexed twice in a litigation for one and the same cause”
Case Title: Case title: Union of India v. H.R. Vijaya Kumar, Civil Appeal No. 7351/2013
Citation: 2023 LiveLaw (SC) 807
The Supreme Court recently ruled that unauthorized resignation from government service for another government job will result in the forfeiture of past service and pension benefits.
Case Title: Celir LLP v. Bafna Motors (Mumbai) Pvt. Ltd. And Ors C.A. No. 5542-5543/2023
Citation: 2023 LiveLaw (SC) 808
The Supreme Court on Thursday (September 21) pronounced a judgement holding that the borrower's right of redemption of mortgage under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) will get extinguished once the bank publishes an auction notice for the sale of the secured asset.
Principles To Prove Validity & Execution Of Will: Supreme Court Explains
Case Title: MEENA PRADHAN V. KAMLA PRADHAN
Citation: 2023 LiveLaw (SC) 809
Recently, a Division Bench of the Supreme Court, comprising Justices Abhay S. Oka and Sanjay Karol, laid down certain principles required for proving the validity and execution of the Will. In substance, these principles enunciated that apart from statutory compliance under Section 63 of the Succession Act, broadly, it has to be proved that (a) the testator signed the Will out of his own free Will, (b) at the time of execution, he had a sound state of mind, (c) he was aware of the nature and effect thereof and (d) the Will was not executed under any suspicious circumstances
Case title: State of MP v. Bhupendra Yadav
Citation: 2023 LiveLaw (SC) 810
In a significant ruling, the Supreme Court held that an acquittal in a criminal case does not automatically qualify a candidate for a sensitive law enforcement post, particularly when the acquittal is based on technical grounds or on giving benefit of doubt.
The Court emphasized that employers retain the right to assess a candidate's suitability for a position. The issue before the Court revolved around the determination of a candidate's fitness for appointment as a constable despite his prior acquittal in a criminal case under Protection of Children from Sexual Offences (POCSO) Act,2012
Certified Copy Can Be Produced To Prove Original Sale Deed In Trial: Supreme Court
Case Title: Appaiya vs Andimuthu@ Thangapandi & Ors.
Citation : 2023 LiveLaw (SC) 811
The Supreme Court recently made it clear that a certified copy of an original sale deed is admissible in evidence in a trial. This is as per Sections 65, 74, and 77 read with Section 79 of the Indian Evidence Act 1872 and Section 57(5) of the Registration Act.
Case Title: Sudesh Kumar Goyal v. The State of Haryana & Ors.
Citation: 2023 LiveLaw (SC) 812
The Supreme Court on Thursday (21.09.2023) held that an applicant who has qualified in the selection process cannot be selected against a vacancy caused by resignation of one of the selected candidates. The Apex Court observed that, a fresh vacancy arises when a selected candidate joins and then resigns and the same cannot be filled up without following a fresh selection process.
Case Title: Balwinder Singh (Binda) v. The Narcotics Control Bureau, Satnam Singhv v. The Narcotics Control Bureau
Citation: 2023 LiveLaw (SC) 813
The Supreme Court on Friday (22.09.2023) held that an officer invested with powers under Section 53 of the Narcotic Drugs and Psychotropic Substances Act, 1985, is a 'police officer' within the meaning of Section 25 of the Evidence Act, and thus a confessional statement of an accused recorded under Section 67 of the NDPS Act cannot be used in a trial under the NDPS Act as a confessional statement.
Case title: Rajesh v State of MP
Citation: 2023 LiveLaw (SC) 814
The Supreme Court recently expressed exasperation at having to acquit three accused persons in a case of murder and kidnapping due to glaring lapses in police investigation. Two of the accused persons were awarded the death penalty, which the Supreme Court overturned. Against this backdrop, the Court highlighted the need for a code of investigation, which will lay out the mandatory procedure for the police to follow, so that guilty persons will not secure acquittals on grounds of technical flaws.
It observed, "It is high time, perhaps, that a consistent and dependable code of investigation is devised with a mandatory and detailed procedure for the police to implement and abide by during the course of their investigation so that the guilty do not walk free on technicalities, as they do in most cases in our country.”
Case title: Rajesh v State of MP
Citation: 2023 LiveLaw (SC) 814
After noting "yawning gaps" in the evidence and "infirmities" in the prosecution, the Supreme Court recently acquitted three persons in a case for murder and kidnap of a teenager. Two of the accused were awarded death sentence by the Trial Court, which the High Court had affirmed. The third accused was awarded life sentence.
While setting aside the conviction and sentence of all the accused persons, the Supreme Court was perplexed to note that the Trial Court and the High Court found the accused guilty and went to the extent of imposing death penalty on two of them "despite the innumerable weak links and loopholes in the prosecution’s case"
Case Title: Sunil v. State Of NCT of Delhi, Criminal Appeal No.688 Of 2011
Citation: 2023 LiveLaw (SC) 815
Recently, the Supreme Court adjudicated upon the issue of whether, on account of not putting the incriminating circumstance to the accused persons, while recording their statements under Section 313 (Power to examine the accused) of the Code of Criminal Procedure, 1973 (Crpc), their conviction with the aid of Section 34 (Acts done by several persons in furtherance of common intention) of the Indian Penal Code, 1860, (IPC) stood vitiated.
Case title: Joseph v. State of Kerala
Citation: 2023 LiveLaw (SC) 815; 2023INSC843
The Supreme Court recently, while ordering the release of a convict who had spent more than 26 years in jail, raised concerns over the recent government order issued by the State of Kerala on June 4, 2022, pertaining to the premature release of convicts. While this order was not directly challenged in the case at hand, the Court deemed it necessary to comment on it and issue a note of caution.
Case title: Joseph v. State of Kerala
Citation: 2023 LiveLaw (SC) 815; 2023INSC843
The Supreme Court today ordered the release of a convict who had spent nearly 26 years in prison, asserting that the denial of premature release violated fundamental rights protected under Article 14 (Right to Equality) and Article 21 (Right to Life). The Court emphasized the need to consider the rehabilitation and reformation of inmates who may have drastically transformed during their time behind bars.
Case Title: Arjun Gopal v. Union Of India, W.P.(C) No. 728/2015 and connected matters
Citation: 2023 LiveLaw (SC) 816
The Supreme Court on Friday (22.09.2023) rejected an application filed by an association of firecracker manufacturers (TANFAMA) to include reduced quantities of barium nitrate in firecrackers. In 2019, the Apex Court had directed that barium salts must not be used in firecrackers. In 2021, the Court reiterated this ban.
The Apex Court said that allowing the application would be a retrograde step, compared to the steps taken by the Court so far to curb the deleterious effects of firecrackers containing barium. The Court also observed that there was scope for further reduction of emissions and that more research may be required to come up with new formulations.
Case Title: Batliboi Environmental Engineers Limited V Hindustan Petroleum Corporation Limited
Citation: 2023 LiveLaw (SC) 817
The Supreme Court Bench comprising Justice Sanjiv Khanna and Justice M.M. Sundresh has held that while setting aside an arbitral award for being violative of Section 28(3) of the Arbitration and Conciliation Act, 1996, it must be considered that the Arbitrator is empowered to interpret the contract terms reasonably. The arbitrator’s interpretation cannot be a ground for setting aside of award, since the construction of the contract’s terms is finally for the arbitrator to decide. Under Section 28(3), award can only be set aside if the arbitrator interprets it in a manner as no fair-minded reasonable person would do
Case Title: Batliboi Environmental Engineers Limited v. Hindustan Petroleum Corporation Limited And Another
Citation: 2023 LiveLaw (SC) 817
The Supreme Court Bench comprising Justice Sanjiv Khanna and Justice M.M. Sundresh has held that while setting aside an arbitral award for being violative of Section 28(3) of the Arbitration and Conciliation Act, 1996, it must be considered that the Arbitrator is empowered to interpret the contract terms reasonably. The arbitrator’s interpretation cannot be a ground for setting aside the award, since the construction of the contract’s terms is finally for the arbitrator to decide. Under Section 28(3), the award can only be set aside if the arbitrator interprets it in a manner that no fair-minded reasonable person would do.
Case Title: Sweety Kumari v. The State of Bihar and others
Citation: 2023 LiveLaw (SC) 818
The Supreme Court on Friday (September 22) granted relief to three judicial service aspirants from Bihar whose candidatures were rejected by the Bihar Public Service Commission(BPSC) due to the non-production of original certificates at the time of the interview.
Holding that the production of original certificates was not a mandatory condition, the Court directed that the said candidates be accommodated in service. The bench comprising Justices JK Maheshwari and KV Viswanathan relied on the judgment passed in Aarav Jain versus Bihar Public Service Commission 2022 LiveLaw (SC) 521 where the Supreme Court had set aside the BPSC's rejection of the candidature of eight candidates for not furnishing originals of their certificates.
Case Title: P. Sarangapani (Dead) Through Lr Paka Saroja V. State Of Andhra Pradesh
Citation: 2023 LiveLaw (SC) 819
The Supreme Court held that once it has been proved that the accused has accepted any gratification other than the prescribed legal remuneration, the Court can raise the statutory presumption against the accused under Section 20 (Presumption where public servant accepts any undue advantage) of the Prevention of Corruption Act, 1988 that he accepted the gratification as a motive or reward under Section 7 for performing a public duty improperly or dishonestly. However, such a presumption is rebuttable, the Court clarified
Case Title: First Global Stockbroking Pvt. Ltd. & Ors. vs Anil Rishiraj & Anr.
Citation : 2023 LiveLaw (SC) 820
The Supreme Court has ruled that the Enforcement Officer appointed and authorised under the repealed provisions of the Foreign Exchange Regulation Act, 1973 (FERA), will continue to have the authority and competence to file a complaint for the offences punishable under the Act before the expiry of the sunset period of 2 years provided under Section 49(3) of the Foreign Exchange Management Act, 1999 (FEMA
Case Title: Suresh Lataruji Ramteke V. Sau. Sumanbai Pandurang Petkar, Civil Appeal No. 6070 Of 2023
Citation: 2023 LiveLaw (SC) 821
The Supreme Court on Thursday (21.09.2023)held that High Courts while exercising their jurisdiction of Second Appeal under Section 100 of the Code of Civil Procedure, 1908 should ordinarily frame substantial questions at the stage of admission. However, if it is framed at a later stage, the Court must give parties adequate time to meet and address them before deciding the appeal.
Case Number: C.A. No. 7175/2021
In a significant judgment delivered on September 26, the Supreme Court affirmed the applicability of the principle of res ipsa loquitur in the context of medical negligence cases, emphasizing its applicability in cases where negligence is evident and shifts the burden of proof onto the hospital or medical practitioners. Res ipsa loquitur means "the thing speaks for itself”.
The Court affirmed this principle while awarding Rs 1.5 crore compensation to an ex-Indian Air Force official who contracted HIV during a blood transfusion at a military hospital.
Case title: Rajesh v State of MP
Citation: 2023 LiveLaw (SC) 814
The Supreme Court has held that for a confession made to the police to be admissible under Section 27 of the Evidence Act, two essential conditions must be met: the individual must be 'accused of any offense,' and they must be in 'police custody' at the time the confession is made.
The Court firmly held that "being in 'the custody of a police officer and being 'accused of an offense' are indispensable pre-requisites to render a confession made to the police admissible to a limited extent, by bringing into play the exception postulated under Section 27 of the Evidence Act."
Case Title: Batliboi Environmental Engineers Limited V Hindustan Petroleum Corporation Limited And Another
Citation: 2023 LiveLaw (SC) 817
The Supreme Court Bench comprising Justice Sanjiv Khanna and Justice M.M. Sundresh, has held that in arbitral proceedings where the execution of a contract is delayed and the Contractor claims loss arising from depletion of income, then the Contractor must prove that there was alternative work available for him/her by placing on record invitation to tender, which were rejected by the Contractor due to incapacity to undertake other work. The drop in turnover also must be proved through books of accounts.
Case Title: KOTAK MAHINDRA BANK LIMITED v. COMMISSIONER OF INCOME TAX BANGALORE
Citation: 2023 LiveLaw (SC) 822
The Supreme Court has ruled that Section 245H of the Income Tax Act, 1961, which empowers the Settlement Commission to grant immunity from prosecution and penalty to the assessee if he has co-operated with the Settlement Commission and has made “full and true disclosure of his income”, cannot be saddled with an artificial requirement that the material “disclosed” by the assessee before the Commission must be something apart from what was “discovered” by the Assessing Officer
Case Title: The Registrar-In-Charge & Ors. V. Medhasree Goswami & Ors, Civil Appeal No.6084 Of 2023
Citation: 2023 LiveLaw (SC) 825
A Division Bench of the Supreme Court set aside an interim order dated July 14, 2022, passed by the High Court of Calcutta, whereby it permitted/allowed medical students to participate in counselling sessions for the admission process to commence in August 2022 for the admission to the MBBS course in West Bengal University of Health Sciences based upon the results of the NEET 2019.
Case Number: C.A. No. 7175/2021
Citation: 2023 LiveLaw (SC) 826
In a pathbreaking judgment delivered on September 26, the Supreme Court issued a series of vital directions to the Central and State Governments to ensure the effective implementation of the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 (HIV Act).
The Court further directed all Courts, Tribunals, and quasi-judicial bodies in the country to prioritize the cases relating to HIV-infected persons for early disposal as per the mandate of Section 34(2) of the HIV Act. The Court also directed that steps should be taken to keep the identity of HIV-infected persons anonymous.
Case Number: C.A. No. 7175/2021
Citation: 2023 LiveLaw (SC) 826
In a significant judgment that reaffirms the principles of upholding the dignity, rights, and well-being of armed forces personnel, the Supreme Court has ruled in favor of a retired Air Veteran, holding the Indian Air Force (IAF) and the Indian Army jointly and vicariously liable for medical negligence. The appellant, who contracted HIV during a blood transfusion at a military hospital while falling sick on duty during Operation Parakram, has been awarded compensation amounting to 1 crore 54 lakhs 73,000
Case Title: M/S Paul Rubber Industries Private Limited v Amit Chand Mitra & Anr.
Citation: 2023 LiveLaw (SC) 827
The Supreme Court Bench comprising Justice Aniruddha Bose and Justice Vikram Nath, has held that in order to attract the application of Section 106 of the Transfer of Property Act, 1882, which requires 6 months’ notice for termination of lease, the burden is on the Tenant to prove that manufacturing activity was being carried on in the leased Premises. A mere statement that manufacturing activity was being done would not suffice, the Tenant must explain the nature of work being done in factory shed.
Case Title: M/S Paul Rubber Industries Private Limited v Amit Chand Mitra & Anr.
Citation: 2023 LiveLaw (SC) 827
The Supreme Court Bench comprising Justice Aniruddha Bose and Justice Vikram Nath, while interpreting Section 49 of the Registration Act, 1908, has held that an unregistered lease deed (which is otherwise compulsorily registrable) can be admitted in evidence to show the ‘nature and character of possession’, only when the ‘nature and character of possession’ is not the main term of the lease and is not the primary dispute before the Court for adjudication
Case Title: Rahimal Bathu v. Ashiyal Beevi
Citation: 2023 LiveLaw (SC) 829
The Supreme Court on Tuesday (26.09.2023) held that a revision petition under Section 115 of the Code of Civil Procedure,1908 against rejection of a review application of an appealable decree by a subordinate court on merits cannot be entertained.
“..where an appealable decree has been passed in a suit, no revision should be entertained under Section 115 of the CPC against an order rejecting on merits a review of that decree. The proper remedy for the party whose application for review of an appealable decree has been rejected on merits is to file an appeal against that decree and if, in the meantime, the appeal is rendered barred by time, the time spent in diligently pursuing the review application can be condoned by the Court to which an appeal is filed” a division bench of Justice P S Narasimha and Justice Manoj Misra observed.
Case Title: SHIRDI NAGAR PANCHAYAT v. KISHOR SHARAD BORAWAKE AND OTHERS
Citation: 2023 LiveLaw (SC) 830
The Supreme Court has that a condition imposed by the Government that the land owner should handover a part of land free of cost for public utility purpose in return of the permission granted for converting the nature of the use of the land cannot be held illegal.
Case title: Ex L/NK Rajput Ajit Singh v. Union of India
Citation: 2023 LiveLaw (SC) 831
The Supreme Court recently ruled in favor of the disability pension claim of a veteran who had served in the Indian Army for 15 years and was discharged in 1987 after he experienced cardiac discomfort. The Court noted that as per the medical Board's opinion there was no negligence on the part of the individual, and his records were exemplary. The only factor that went against him was his unwillingness to undergo surgery.
Case Title: Malik Mazhar Sultan And Anr. v. U.P. Public Service Commission Through Its Secretary And Ors.
Citation: 2023 LiveLaw (SC) 832
High Court is best suited to understand the needs of judicial services, said the Supreme Court while rejecting an application filed by the State of Haryana seeking to hold the selection process for Junior Civil Judges by the State Public Service Commission instead of a Selection Committee which has representatives of the High Court.
"Judges of the High Court who participate in the selection process have domain knowledge both of the subject and of the nature of the service", the Court said.
Case title: Phulel Singh v. State of Haryana
Citation: 2023 LiveLaw (SC) 83
The Supreme Court, while acquitting a convict in a dowry death case, emphasized the critical importance of ensuring that a dying declaration is trustworthy and reliable, and inspires confidence when it is considered the sole basis for a criminal conviction.
The Court pointed out that the circumstances under which the dying declaration was recorded raised concerns about whether it was a voluntary statement or if it had been influenced or tutored. The Court also emphasized a glaring inconsistency in the treatment of the dying declaration by the High Court. While the declaration was accepted as evidence against the appellant(husband), it was disbelieved in the case of Jora Singh, the father-in-law of the deceased.
Case Title: BTL EPC Lt V. Macawber Beekay Pvt Ltd, Civil Appeal No 5968 of 2023
Citation: 2023 LiveLaw (SC) 834
The Supreme Court recently reiterated that courts should exercise restraint while exercising the power of judicial review in contracts involving complex technical issues.
"..in contracts involving complex technical issues, the Court should exercise restraint in exercising the power of judicial review. Even if a party to the contract is ‘State’ within the meaning of Article 12 of the Constitution, and as such, is amenable to the writ jurisdiction of the High Court or the Supreme Court, the Court should not readily interfere in commercial or contractual matters,” a bench of Chief Justice DY Chandrachud, Justice J B Pardiwala and Justice Manoj Misra observed.
Case Title: Commanding Officer, Railway Protection Special Force, Mumbai V. Bhavnaben Dinshbhai Bhabhor
Citation: 2023 LiveLaw (SC) 835
The Supreme Court on Monday (26.09.2023), held that an officer of the Railway Protection Force (RPF) can seek compensation under the Employees Compensation Act, 1923 even though the RPF has been declared to be an armed force of the Union.
“..in our considered view, despite declaring RPF as an armed force of the Union, the legislative intent was not there to exclude its members or their heirs from the benefits of compensation payable under the 1923 Act or the 1989 Act,” a bench of Justice B.V. Nagarathna and Justice Manoj Misra held.
Case Title: Rajnish Kumar Rai v. Union of India & Ors | SLP(C) No. 20054 of 2023
Citation: 2023 LiveLaw (SC) 836
In a recent judgment, the Supreme Court held that it cannot ignore the ratio laid down in an earlier judgment merely because the same stands referred to a larger Bench. A bench comprising of Justice Anirudhha Bose and Justice Bela Trivedi held that judicial propriety did not permit it ignoring the ratio laid down in the earlier judgment as no decision regarding the same had come out from the larger Bench
Case Details: Banamali Choudhury v. State of West Bengal | Special Leave Petition (Criminal) No. 10043 of 2023
Citation: 2023 LiveLaw (SC) 836
The Supreme Court on Monday (September 25) granted bail to a septuagenarian convicted of raping and murdering his niece in view of the extraordinary delay of 40 years in the completion of the trial. The court also directed the high court to give ‘out-of-turn’ priority to his appeal
News Updates
Case Details: Gautam Navlakha v. National Investigation Agency & Anr.
Citation: Special Leave Petition (Criminal) No. 9216 of 2022
The Supreme Court on Friday doubted its November 2022 order allowing human rights activist and Bhima Koregaon-accused Gautam Navlakha to be released from detention and placed under house arrest on grounds of his deteriorating health. Such an order, the court orally observed, might set the 'wrong precedent'
The Supreme Court today directed the Government of India and the State Government of Manipur to ensure the distribution of basic supplies such as food, medicines, and other essentials to those affected by the Manipur violence. The bench comprising CJI DY Chandrachud and Justice JB Pardiwala also directed for the blockades preventing rations to reach the people to be dealt with and urged the government to explore all options to do the same, including air-dropping rations to the people.
Case title: UT of Ladakh v. J&K National Conference
Citation: SLP(C) No. 18727/2023
The Supreme Court on Friday reserved judgment on the petition filed by the Union Territory of Ladakh opposing the allotment of the 'plough' symbol for the Jammu and Kashmir National Conference (JKNC) party for the upcoming Ladakh Autonomous Hill Development Council (LAHDC) elections in the Kargil region. The Ladakh Administration has filed a special leave petition challenging the direction passed by the High Court of Jammu & Kashmir & Ladakh to notify the 'plough' symbol for JKNC.
Case Details: Gautham Gowda M & Anr. v. Union of India & Anr.
Citation: Writ Petition (Civil) No. 882 of 2023
The Supreme Court on Friday refused to entertain a public interest litigation (PIL) petition accusing Congress party leaders and their agents of distributing plastic gift cards to voters across several constituencies during the run-up to the 2023 Karnataka assembly elections. This plea was filed by two unsuccessful candidates who fought the recent elections on a Bharatiya Janata Party (BJP) ticket
Supreme Court Hears Meitei Christian Community's Plea Regarding Destruction Of Churches In Manipur
The Supreme Court on Friday considered a petition filed by Meitei Christian Churches Council, Manipur (MCCCM) highlighting the destruction of churches during the ongoing ethnic clashes in the region.
Case Details: Mathew Samuel & Ors. v. State of Uttar Pradesh & Ors.
Citation: Special Leave Petition (Criminal) No. 10187 of 2023
The Supreme Court on Friday issued notice on a plea by the chairperson of Broadwell Christian Hospital Society in Uttar Pradesh’s Fatehpur and others accused in a forceful religious conversion case. The Court also granted petitioners protection from any coercive action in the interim.
Case Title: State Of Karnataka By Its Chief Secretary v. State Of Tamil Nadu State By Its Chief Secretary
Citation: MA 3127/2018 in C.A. No. 2453/2007
The Cauvery Water Management Authority (CWMA) in an affidavit filed on Thursday (31st August) has told the Supreme Court that it has been informed by the State of Karnataka that a total of 149898 cusec of water has been discharged at Biligundulu from 12.08.2023 to 26.08.2023.
The Supreme Court on Friday directed the Chief Justice of the High Court of Patna to take a look into certain irregularities in uploading an order of the High Court. The Top Court said that the issue raised 'serious concerns and directed the High Court Chief Justice to take necessary steps in this regard.
Case Title: Srirangam Koil Miras Kainkaryaparagal Matrum Athanai Sarntha Koilgalin Miraskainkaryaparargalin Nalasangam v. The State Of Tamil Nadu
Citation: SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 8693/2023
The Supreme Court recently sought the response of the state of Tamil Nadu regarding the transfer of temple Archaka(pujari/priest) from one Agamic Temple to another Agamic Temple and the role required to be played by the appointing authority, in the absence of an elected trustee.
In a significant step towards enhancing digital accessibility within the Indian judicial system, the eCommittee, Supreme Court of India, initiated its Regional Digital Accessibility Training program for visually challenged court staff. The training took place at the Delhi Judicial Academy and welcomed participants from District and Taluk courts in the North Zone, encompassing Delhi, Himachal Pradesh, Punjab & Haryana, Allahabad, and Uttarakhand.
The Supreme Court on Monday (04.09.2023) expressed its displeasure at advocates being constrained to approach the court to recover legal fees due to them for representing the State Government.
The Apex Court was hearing a plea by the State of Uttar Pradesh against an order of the Uttarakhand High Court that had directed the State to pay interest to an advocate on outstanding legal fees.
Plea In Supreme Court Challenges Restoration Of Rahul Gandhi's Lok Sabha Membership
A plea has been moved in the Supreme Court challenging the restoration of Congress Leader Rahul Gandhi's Lok Sabha Membership. His membership was restored vide a notification issued by the Loksabha Secretariat on August 7 in view of the Supreme Court's August 4 order suspending his conviction in the criminal defamation case over the "why all thieves have Modi surname" remark
Case Details: Bombay Lawyers Association v. Union of India
Citation: Diary No. 23007 of 2023
The Supreme Court on Wednesday dismissed a public interest litigation (PIL) petition seeking a ‘cooling off’ period of two years before any retired judge of a constitutional court can accept a post-retirement appointment.
Justice P.S. Narasimha, judge of the Supreme Court while talking about the efforts required by the legal fraternity to advance marginalized communities, suggested that every senior advocate should recruit and mentor at least one member from marginalized community in their chambers. However, he added a caveat by saying that such mentoring needs to be accompanied by some patience and dignity; otherwise, it will have a negative effect. He went on to say that this should not be done to resemble tokenism, but rather, a humanistic approach is needed.
MoU Signed Between Supreme Court Of India & Supreme Court Of Singapore For Judicial Cooperation
During an official visit to Singapore, the Chief Justice of India DY Chandrachud met with the Chief Justice of Singapore Sundaresh Menon.
A memorandum of understanding (MoU) has been signed between the Supreme Court of India and the Supreme Court of Singapore in the field of judicial cooperation
An application has been filed in the Supreme Court seeking registration of an FIR against Tamil Nadu Minister and DMK leader Udhayanidhi Stalin for his recent statements made against 'Sanatana Dharma'.
The plea also seeks contempt action against the Delhi Police and Chennai Police for not complying with the Supreme Court's direction to register suo motu FIR in hate speech cases.
On the occasion of Vimukta Diwas, Justice P.S. Narasimha delivered a lecture on ‘Justice For Marginalised In A Constitutional Democracy’.
Justice Narasimha commenced his lecture by giving a brief background on Vimukta Diwas. He talked about the enactment of the Criminal Tribe Act, 1871(Act) and how certain communities were criminalized under this Act.
“Every person born in these communities were labelled as criminal and subjected to police verification, arrest, violence based on their birth. The Act continued to remain in force ever after independence. It was repealed only on 31st August 1952, when the so-called criminal tribes were de-notified. Therefore, Vimukta Diwas is celebrated as day of independence by people belonging to these de-notified tribes (DNTs).In fact, it is for us to celebrate, more than them.”
Ahead of the 2024 Lok Sabha elections, the Election Commission of India (ECI) has staunchly defended electronic voting machines (EVM) as ‘non-tamperable’, both owing to technological measures and strict administrative and security procedures designed by the commission. In a recent affidavit filed in the Supreme Court, the commission has stated –
“The electronic voting machines are non-tamperable, both due to technological measures, and also due to strict administrative and security procedures laid out by ECI, whereby no access to EVM/VVPAT is allowed to any unauthorized person. Hence, these are protected from any tampering or manipulation whether before the polls, or during the polls, or after the polls, in storage or transportation from the manufacturer to the state or district or vice versa, or when transported from one state to another.
The Bench, comprising Justices BV Nagarathna and Ujjal Bhuyan, while issuing notice, expressed concerns about the High Court setting aside the said matter prematurely instead of remitting the matter back to ASI for re-consideration.
“In the circumstances, prima facie, we find that the matter ought to have been relegated to the Additional Director General, Archaeological Survey of India, New Delhi for re-considering the matter, after giving reasonable opportunity to all sides of being heard and by following the principles of natural justice. Instead, the High Court has simply quashed notice(s) and concluded the proceedings.
Saying that the affidavit was a "direct attack" on her, Arora said that she will recuse from appearing for the committee headed by former High Court Chief Justice Gita Mittal.
"We have gone through this affidavit. It seems like a direct attack towards the counsel for the committee...I have not made any statements on my own again, only on the instructions on committee. Regardless, since it's a direct attack on me, I will recuse myself", Arora told a bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra
Supreme Court Adjourns Hearing Of PIL Seeking EVM-VVPAT Tally, Says There Is No Urgency
The Supreme Court of India on Wednesday expressed doubts over a public interest litigation (PIL) petition asking for more extensive verification of electronic voting machine (EVM) data against voter-verifiable paper audit trail (VVPAT) records. The court also shared its misgivings about the multiplicity of fresh PILs seeking electoral reforms filed from time to time despite its earlier rulings on the subject.
While refusing to urgently hear the most recent plea, Justice Sanjiv Khanna said –
“Every year, a fresh petition is filed on this. Every year this is happening. This has been dealt with in a number of cases. How many times will this issue be raised? Every six months or eight months, this issue is freshly raised.
One Can't Apply One Bail Order To All Subsequent Cases': Supreme Court Refuses Bail In PACL Scam
Case Title: PACL v. Central Bureau of Investigation, W.P. (Crl) No. 326 Of 2023
Citation: 2023 LiveLaw (SC) 747
The Supreme Court on Tuesday (05.09.2023) refused to grant bail to Gurmeet Singh and Subrata Bhattacharya, erstwhile directors of PACL (Pearls Agrotech Corporation Limited), a real estate company embroiled in a scam involving more than 40,000 crores that is said to have duped several investors across the country.
The Supreme Court, on Wednesday, stayed for three weeks the judgment of the Karnataka High Court which had quashed the GST Intimation Notice to the tune of Rs 21,000 crore and had held that online/electronic/digital Rummy games and other Online/Electronic/Digital games played on Gameskraft’s platforms are not taxable as "betting" and "gambling".
A bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra issued notice on the petition filed by the GST Department against the High Court order.
Supreme Court Adjourns Hearing Of Bihar Caste Survey Case Until October
Case Details: Ek Soch Ek Paryas v. Union of India |
Citation: Special Leave Petition (Civil) No. 16942 of 2023
The Supreme Court on Wednesday adjourned the hearing in a batch of pleas doubting the constitutionality of the caste-based survey conducted by the Bihar government last month.
A bench of Justices Sanjiv Khanna and SVN Bhatti is hearing a plea by non-governmental organizations Youth for Equality and Ek Soch Ek Prayas against the decision of the Patna High Court to uphold the Bihar government's caste-based survey. This verdict was delivered by a division bench of the high court, which rejected the contention that an attempt to collect data on the basis of caste amounted to a census and held the exercise to be “perfectly valid initiated with due competence
Supreme Court Stays Disqualification Of Elected Members Of Anjuna Panchayat, Goa
Case title: Laxmidas Ashok Chimulkar & Anr. vs State of Goa
Citation: SLP (C) No. 19887 of 2023
The Supreme Court on Wednesday (September 6) stayed the disqualification of two elected members (Sarpanch and Ward member) of the Anjuna Panchayat, Goa. The Court, while issuing notice to the State Government of Goa, also restored the position of the sitting Sarpanch and Ward Member. The proceedings before BDO(Block Development Officer) who was given 15 days to decide as regards disqualification proceedings were also stayed.
The Supreme Court on Tuesday adjourned the bail hearing of former JNU scholar and activist Umar Khalid in connection with the Delhi riots larger conspiracy case, until next week.
He has been behind bars since September 2020, awaiting his trial under the Unlawful Activities (Prevention) Act for his alleged involvement in the larger conspiracy surrounding the communal violence that broke out in February 2020 in the national capital.
Private Class 12 Student Eligible To Take NEET, Says NMC; Supreme Court Allows MBBS Admission
Case Title: Srishti Nayak and Another v Union of India
Citation: Writ Petition(s)(Civil) No(s). 26/2022
The Supreme Court recently allowed a candidate who passed Class 12 as a private student to take admission for MBBS course after NEET counselling. This was after the National Medical Commission informed the Court that as per the latest Graduate Medical Education Regulations (GMER) 2023, such candidates are eligible to appear for the National Entrance-cum-Eligibility Test (NEET).
In a significant development, the Supreme Court on Tuesday (September 5) reserved its judgment 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. The petitioners also challenged the J&K Reorganization Act which bifurcated the State into Union Territories of J&K and Ladakh.
The hearing, which commenced on August 2, 2023, witnessed extensive arguments and discussions over a span of sixteen days. This landmark case had remained dormant for over three years, with its last listing dating back to March 2020
National Conference leader and Member of Parliament Mohammad Akbar Lone, who is the lead petitioner in the batch of petitions challenging the repeal of the special status of Jammu and Kashmir, on the direction of the Supreme Court, has filed an affidavit stating that he would preserve and uphold the provisions of the Constitution of India and protect the territorial integrity of the nation.
Yesterday, the Supreme Court had asked him to file such an affidavit after a Kashmiri Pandits' organisation named "Roots in Kashmir" stated that Lone had raised slogans supporting Pakistan in the Jammu and Kashmir assembly. Expressing serious concerns at Lone's statements, Solicitor General of India Tushar Mehta had demanded that the Court should ask him to state on affidavit if he accepted India's total sovereignty and denounced terrorist and separatist acts in J&K. Senior Advocate Kapil Sibal, Lone's lawyer, said that he deprecated his client's remarks if he has made them.
Case title: Divya v. Union of India| Vimlok Tiwari v. UPSC| Ved Prakash Singh v. UPSC
Citation: W.P.(C) No. 724/2023| W.P.(C) No. 705/2023| W.P.(C) No. 764/2023
The Supreme Court on Tuesday(September 5) reserved its judgment on a petition filed by UPSC (Union Public Service Commission) candidates who were denied the benefits of the Economically Weaker Sections (EWS) reservation category in the 2022 Civil Service Examination due to an error in their certificates.
As per a recent notification, a Constitution bench of the Supreme Court will commence hearing three cases of immense constitutional significance. The bench will comprise CJI DY Chandrachud along with Justices AS Bopanna, MM Sundresh, JB Pardiwala, and Manoj Mishra and will take up Assam Public Works v. Union of India, Ashok Kumar Jain v. Union of India, and Sita Soren v. Union of India from September 20, 2023.
It may be noted that these cases pertain to the Assam NRC, validity of reservations to the Anglo-Indian community, Scheduled Castes, and Scheduled Tribes in the Lok Sabha and State Legislative Assemblies, and whether MPs and MLAs have immunity from being prosecuted for an offence involving offer or acceptance of bribe to cast vote in the legislature respectively.
Case Title: Advocates Association Bengaluru v. Barun Mitra And Anr.
Citation: Contempt Petition (Civil) No. 867 of 2021 in Transfer Petition (Civil) No. 2419 of 2019
The Supreme Court has directed to list a plea against the central government sitting over names reiterated by the court's collegium for appointment to constitutional courts on September 26. This was orally mentioned for an early hearing before a bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia today by Advocate Amit Pai.
Case title: Tushar Gandhi v. State of Uttar Pradesh
Citation: W.P.(Crl.) No. 406/2023
The Supreme Court on Wednesday (September 6) asked the Superintendent of Police, Muzzaffarnagar (Uttar Pradesh) to file a report regarding the status of investigation in the case against a teacher for asking other students to slap a Muslim student, a video of which became viral in social media two weeks ago. The Court has further asked the SP to report about the steps taken to protect the victim of the crime.
The Supreme Court on Wednesday granted interim protection to four members of the Editors Guild of India from the FIRs registered by the Manipur police over a fact-finding report published by them in relation to the ethnic violence in the northeastern state.
Carrying Capacity Of 13 Himalayan States Should Be Assessed, Centre Tells Supreme Court
Case Title: Ashok Kumar Raghav v. Union of India & Ors.
Citation: WP (C) No 144/2023
The Ministry of Environment, Forest and Climate Change (MoEFCC) has submitted a report before the Apex Court suggesting the constitution of an Expert Committee to determine the carrying capacity of 13 Himalayan Region States.
The Supreme Court has been considering a plea seeking for Carrying Capacity studies to be conducted in 13 Himachal States/UTs. On 21st August, a bench of Chief Justice D Y Chandrachud, Justice J.B. Pardiwala and Justice Manoj Misra had directed the Petitioner and Respondent to discuss and suggest a way forward on the issue.
The Supreme Court Bar Association (SCBA) has expressed serious concerns at reports regarding the ransacking of the home and office of Manipur lawyer S Chittaranjan for representing Kuki professor Kham Khan Suan Hausing in a criminal case.
Earlier this month, reports emerged that the home of Soraisham Chittaranjan, Hausing's lawyer, had been vandalised by a mob. Following this, he and three other Imphal-based lawyers told the Manipur High Court that they were withdrawing from representing the Hyderabad University professor.
The Supreme Court on September 1 issued notice to the Neerukonda and Kuragallu Farmers Welfare Association (respondent) in a Special Leave Petition (SLP) filed by State of Andhra Pradesh (petitioner) assailing an order passed by the Andhra Pradesh High Court that stayed further construction of houses for the economically weaker sections in R-5 Zone of the capital city of Amaravat
Case Details: Brinda Karat & Anr. v. State of NCT of Delhi & Anr.
Citation: Special Leave Petition (Criminal) No. 5107 of 2023
The Supreme Court on Monday adjourned the hearing of a plea filed by Communist Party of India (Marxist) leaders Brinda Karat and KM Tiwari seeking the registration of first information reports (FIR) against Bharatiya Janata Party leaders Anurag Thakur and Parvesh Verma for their alleged hate speeches during election rallies in January 2020. The hearing is now scheduled to be held on October 3. Although the court ordered the matter to be relisted a month later, it explicitly stated that Delhi police would not be granted any more adjournments.
Case Details: Reshma Prasad v. State of Bihar
Citation: Diary No. 36554 of 2023
A petition has been filed in the Supreme Court over the Bihar government including ‘hijra’, ‘kinnar’, ‘kothi’, and ‘transgender’ as an item in the caste list, while conducting its caste-based survey last month. The court is also hearing a batch of pleas doubting the constitutionality of the exercise.
Trans activist Reshma Prasad has challenged the state government’s decision to assign a separate caste code to these gender identities and include them in the list of 214 named castes created for the purposes of conducting the survey, as unconstitutional, manifestly arbitrary, and against the spirit of the Supreme Court’s precedents, including the 2014 NALSA judgment which recognised the fundamental right of gender self-identification.
During the hearing, the bench expressed disagreement with the argument raised by Senior Advocate V Giri that if Article 370 was resurrected, that would be violative of the basic structure of the Indian Constitution. The bench found this to be an untenable argument with CJI stating–
"This might be a little too far fetched because then that would be to postulate that original Article 370 was violative of basic structure."
At the outset, Senior Advocate Kapil Sibal contended that most of the arguments raised by the respondents were "unsolicited" and "without reference" to the arguments made by the petitioners. He clarified that no-one from the petitioners' side challenged the sovereignty of India. Continuing his course of submissions, he said–
"I was somewhat pained when one counsel argued that we respect the sentiments of people of Jammu and Kashmir but you must also respect our sentiments. We cannot reduce this case to an emotive, majoritarian interpretation of constitution of India. All residents in Jammu and Kashmir are citizens of India. If historically there is an Article which gives them certain rights, they're entitled to defend that as a matter of law. To say that you must respect our sentiments as if they're somebody else itself is creating a kind of chasm it shouldn't be creating."
The Supreme Court recently(August 28) issued notice to the Punjab and Haryana High Court in a petition filed by a Court staff challenging his transfer. The petitioner also sought the implementation of a clear and transparent transfer policy for staff of the district judiciary. He contended that in the absence of a transfer policy, Grade III and IV employees working in subordinate courts under the High Court faced arbitrary transfers which are often punitive in nature.
The petitioner called for the implementation of recommendations made by the committee headed by Justice Surya Kant (presently Supreme Court judge) on 17.02. 2017 for formulation of a comprehensive and transparent policy for employees, in the Punjab and Haryana Subordinate Courts Establishments.
Case Details: Hemant Soren v. Union of India & Anr.
Citation: Writ Petition (Criminal) No. 378 of 2023
Jharkhand Chief Minister Hemant Soren has moved the Supreme Court of India against the latest summons issued by the Enforcement Directorate (ED) in connection with a money laundering case. In his recent plea seeking a stay on and the quashing of the latest summons, the chief minister has assailed the ‘repeated’ summonses as ‘politically motivated’ to ‘browbeat, humiliate and intimidate’ him. Apart from being ‘derogatory, unwarranted, and illegal’, these summonses, according to Soren, also have the effect of undermining the high office of a chief minister of a state.
During a panel discussion held to mark the launch of the book, authored by Gautam Bhatia, ‘Unsealed Covers: A Decade of the Constitution, the Courts, and the State, Senior Advocate Rebecca John made strong observations about the Unlawful Activities (Prevention) Act, 1967 (UAPA). She stated:
“What is the problem with UAPA? I mean, there are many problems… the whole act is problematic but essentially, we can zero in on two statutory provisions. Section 43 allows the custody of an individual to be extended from 90- days to 180 days before a charge sheet is filed. Section 43 D (5), which places restrictions on the grounds of bail.
Public Conversations About Judicial Ideology Necessary: Gautam Bhatia
During a panel discussion held to mark the launch of the book, authored by Gautam Bhatia, ‘Unsealed Covers: A Decade of the Constitution, the Courts, and the State’., Bhatia spoke about certain important issues in the Indian Judiciary including the acknowledgment of judicial ideology. Talking more about the need for criticism especially when the line of political space is blurring and shifting in the judiciary, and the role of critics in mitigating that balance of power, he said:
“The key thing to understand is that the line of political space is always blurring and shifting, and I think that one reason why a certain kind of criticism that might appear harsh is necessary is that while the executive and the state have the tangible power to get things done and to apply pressure, all that the critic has is the pen. Sometimes, you need to speak in certain ways to even slightly balance out that imbalance in power and try and shift that line. In that sense, if criticism at times feels strong or harsh, it is not because it is meant to be harsh. Sometimes, if that is the only weapon you have, you have to use it as strongly as you can to try and mitigate that balance.”
Case Title: Poulomi Pavini Shukla v. Union Of India And Ors
Citation: W.P.(C) No. 503/2018 PIL-W
The Supreme Court on Friday (September 15, 2023), sought the response of the Union Government and all State Governments on whether Section 2(d) of the Right to Education Act, 2009, which defined the expression "child belonging to disadvantaged groups" could also include orphaned children. Schools are mandated to provide at least 25% quota for the 'Children belonging to disadvantaged groups' as per Section 12 of the Act.
The court also sought instructions on whether benefits provided under the PM Cares Fund to children orphaned during the COVID pandemic could be extended to other orphans too
The basic structure doctrine has achieved constitutional permanence not only in India, but also in six other nations globally that have both acknowledged and embraced the principle of placing a restraint on the legislative power of constitutional amendment, renowned Indian lawyer Fali S Nariman, Senior Advocate, said on Friday. He also urged people to maintain faith in the overarching integrity of the higher judiciary as an institution, even though occasional concerns may arise regarding specific judgments handed down by individual Supreme Court judges.
The Supreme Court on Friday (15.09.2023), stayed the order of the Kerala High Court that had directed the State Government to pay annuity to the legal heirs of the Malayala Brahmin family that possessed sovereign rights over the territory of Paravur in present day Ernakulam district.
On Friday, Chief Justice of India DY Chandrachud expressed his disapproval of the manner in which the Manipur High Court admitted a PIL seeking to quash the fact-finding report published by the Editors Guild of India (EGI) on the ethnic violence in Manipur. The bench led by the CJI and comprising Justices JB Pardiwala and Manoj Misra was hearing the petition challenging the Manipur Police's FIR against members of the EGI over the report.
Madras Tax Bar Challenges CGST Appellate Tribunal Provisions; Supreme Court Issues Notice
Case Title: Madras Tax Bar v. Union Of India
Citation: W.P.(C) No. 900/2023 PIL-W
On Friday, the Supreme Court issued notice on a petition filed by the Madras Tax Bar challenging the constitutional validity of Sections 149 and 150 of the Finance Act, 2023 that seek to substitute Sections 109 and 110 of the Central Goods and Services Tax Act, 2017 (CGST Act). The sections in question relate to appointments and conditions of service of members to the Appellate Tribunal under the CGST Act.
Chief Justice of India, DY Chandrachud on Friday said that steps are being taken to bring more transparency into the collegium system. “The idea is to make the process of recommending appointments to the Supreme Court more transparent. Not by sharing our discussions in the public realm, which we obviously cannot do. But by laying down objective parameters for selection to the Supreme Court and High Courts.” he said.
The Chief Justice said that the Supreme Court along with the Centre of Research and Planning, has prepared a platform where the top 50 judges in the country who would be considered for appointment to the Supreme Court are assessed. Data on reportable judgments of these judges and the quality of their judgments is collected and assessed he said. “It is a work in progress, but we are improving”. He added.
Notion That Migrants & Asylum Seekers Have No Rights Must Change: Justice S Muralidhar
Justice (Retd.) S. Muralidhar, while delivering the keynote address on the topic “Opening Doors to Justice: Prevention of Violence Against Migrant Women” stated that illegal migrants and asylum seekers are the right bearers and stated that the notion that these people have no rights must change. Further, with respect to Article 21 of the Indian Constitution, he noted that the same provides rights to everyone, not particularly to citizens or documented persons.
Case Title: Dinganglung Gangmei v. Mutum Churamani Meetei And Ors
Citation: Diary No. 19206-2023
In the matter pertaining to Manipur violence, the Supreme Court today clarified the means through which the statements of the victims and the witnesses were to be taken. The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra issued the clarification in response to a letter received by the Supreme Court from the Manipur High Court seeking clarity in this regard.
In its recent order referring the batch of petitions challenging the constitutional validity of Sedition law under Section 124A of the Indian Penal Code to a bench of at-least five judges, the Supreme Court noted that the judgment in Kedar Nath Singh v. State of Bihar (1962), which had upheld the provisions of Section 124A, had not considered the aspect of Articles 14 of the Constitution in the matter.
Are Virtual Hearings Allowed? If Not, Why? Supreme Court Asks All High Courts, NCLAT, NCDRC & NGT
Case Title: Sarvesh Mathur v. The Registrar General of Punjab and Haryana High Court| Citation: W.P.(Crl.) No. 351/2023
The Supreme Court on Friday (September 15) asked the Registrar Generals of all High Courts and the Registrars of the National Company Law Appellate Tribunal (NCLAT), the National Consumer Disputes Redressal Commission (NCDRC) and the National Green Tribunal (NGT) to state on affidavits if they are allowing virtual hearings to continue.
If the hybrid hearing option has been discontinued, then the reasons should be stated, the Court added.
Supreme Court To Hear Jharkhand CM Hemant Soren's Plea Against ED Summons On September 18
The Supreme Court will hear on Monday, September 18, a writ petition filed by Jharkhand chief minister Hemant Soren seeking the quashing of the summons issued by the Enforcement Directorate (ED) in connection with a money laundering case.
Senior Advocate Abhishek Manu Singhvi, while appearing for former Delhi Deputy Chief Minister Manish Sisodia in a bail case, expressed concerns about media discussions on the merits of ongoing legal matters, even while the courts are hearing these cases.
He told the Court that news articles about Sisodia's case appear shortly before his matter is listed in the Court. He said that he will submit a chart showing the dates of the publications and the court postings.
Chief Justice of India DY Chandrachud on Friday (September 15) expressed his strong disapproval of an advocate's email which stated that the Supreme Court should hear ordinary cases instead of Constitutional cases.
CJI DY Chandrachud was referring to an email sent by Advocate Mathews J. Nedumpara expressing his view that the Supreme Court should prioritize hearing non-Constitution bench matters over Constitution bench matters, which he referred to as "useless".
Will Defer Summons To Telangana CM's Daughter K Kavitha By 10 Days, ED Tells Supreme Court
Case Details: Kalvakuntla Kavitha v. Directorate of Enforcement
Writ Petition (Criminal) No. 103 of 2023
Hours after summoning Bharat Rashtra Samithi (BRS) leader K Kavitha for questioning on Friday, the Enforcement Directorate (ED) today informed the Supreme Court that it would be deferring for ten days the summons issued to the former Lok Sabha member in connection with the Delhi excise policy case. The central agency is currently investigating her role in influencing the now-scrapped liquor policy in the national capital and related bribery allegations.
Case Title: Seema Guha v. The State Of Manipur
Citation: W.P.(Crl.) No. 415/2023
In the petition challenging FIRs lodged against the members of the Editors Guild of India (EGI) over a fact-finding report published by them about the ethnic violence in Manipur, the Supreme Court today orally remarked that the complaint filed against the EGI members was "a counter-narrative of the government". The Court further orally remarked that even if the EGI's report is assumed to be false, making false statements in an article, by itself, was not an offense under Section 153A of the IPC.
The Supreme Court has granted two weeks to the Manipur police and the complainant to file their response in the matter. Till then, the Court extended the interim order granting protection to the EGI journalists from coercive actions based on the FIR.
Case: Abhishek Yadav and others v. Army College of Medical Sciences
Citation: W.P.(C) No. 730/2022
The Supreme Court on Friday (September 15) directed the National Medical Commission to respond to a complaint that 70 percent of medical colleges do not pay any stipend or are not paying the minimum set stipend to doctors who are doing MBBS internships.
A bench led by Chief Justice of India DY Chandrachud directed the National Medical Commission(NMC) to file a tabulated chart and explain (i) whether the above statement regarding the lack of stipend for medical interns is true and (ii) what steps the NMC is taking to ensure compliance with the norm of paying internship stipend.
Supreme Court Seeks Report From NALSA On Implementation Of Women’s Integrated Help System
Case Title: The National Federation Of Societies For Fast Justice And Anr. v. Union Of India And Ors.
Citation: Diary No. 26994-2023 PIL-W
Today, a Division Bench of the Supreme Court called for a report from the National Legal Services Authority (NALSA) in a Public Interest Litigation (PIL) seeking a direction for the implementation of the NALSA women’s integrated help system (NWIHS-181/15100) in all States and Union Territories. NWIHS-181/15100 is a technology-integrated system of 181 women helpline and NALSA legal Aid helpline 15100 and all other government schemes that are meant to provide women and girls, who are victims of violence, with hassle-free access to the criminal justice system.
The National Medical Commission (NMC) recently informed the Supreme Court that individuals diagnosed with ‘mental illnesses’ will now be eligible for undergraduate medical education without any bar. In a recent report filed in the Supreme Court, the Undergraduate Medical Education Board of the Commission has stated –
“On thorough consideration of the recommendations received from the expert members, the Under Graduate Medical Education Board reaches a conclusion that in respect of mental illness, "the diagnosis of Mental Illness can no longer be a bar for eligibility to pursue medical education (MBBS) provided the candidate falls in the merit list in competitive entrance examination i.e., NEET-UG.”
Case Title: Arjun Gopal Vs. Union Of India
Citation: W.P.(C) No. 728/2015
The Supreme Court Thursday told the Delhi Police that the issues relating to violation of the firecracker ban imposed in Delhi NCR must be nipped in the bud. The Court orally remarked that there was no point in taking action after violations had taken place.
Case Title: Ashwini Kumar Upadhyay vs. Union of India
Citation: Writ Petition (C) No. 699 of 2016
Senior Advocate Vijay Hansaria, the amicus curiae appointed by the Supreme Court in the matter relating to criminal cases against elected representatives (MPs/MLAs) in his 19th report has suggested a string of directions to be issued for expeditious disposal of such cases.
The suggestions of the amicus in his latest report include calling for monthly reports from Special Court set up for disposal of cases against MPs/MLAs to the High Courts regarding reasons for delay in cases pending for more than five years and any difficulties faced in the concluding the trial in such cases. The Amicus has also suggested that High Courts create a separate section on their websites regarding pending cases against MPs/MLAs
Case Title: Bilkis Yakub Rasool v. Union of India & Ors.
Citation: Writ Petition (Criminal) No. 491 of 2022
The Supreme Court on Thursday questioned if the non-payment of fines by the convicts in the Bilkis Bano case would be an important consideration when examining their conduct in jail. The court also observed that in this case, the convicts had the privilege of getting parole for many days, unlike several other convicts
Former Orissa High Court chief justice S Muralidhar said that politics and judicial functioning are getting increasingly mixed up and judges often make political choices, even while thinking they are neutral.
He said – “Many issues coming to court are political issues dressed as legal issues. Judges do make political choices. They may think they are being neutral. Politics and judicial functioning are not as separate as we want them to be. They are getting increasingly mixed up. What we wear, what we eat, what we speak - they are all becoming constitutional issues now and judges are being forced to make a choice, and make that choice in public.”
Case Title: Brihan Karan Sugar Syndicate Private Limited V. Yashwantrao Mohite Krushna Sahakari Sakhar Karkhana
Citation : 2023 LiveLaw (SC) 784
The Supreme Court on Thursday (14.09.2023) expressed concern about the huge pendency of suits in Trial Courts in Maharashtra and urged the members of the Bar to cooperate. The Court disapproved of advocates raising unnecessary objections during cross-examinations as they would result in trials getting delayed.
“If the advocates start objecting to every question asked in the cross-examination, the trial cannot go on smoothly. The trial gets delayed", the Apex Court said.
Chief Justice of India DY Chandrachud announced today that the Supreme Court is officially 'onboard' with the National Judicial Data Grid (NJDG) now. The CJI described the onboarding of the Supreme Court data on NJDG portal under the court's 'open data policy' as a step "to bring transparency and accountability in the judicial domain."
The NJDG gives real-time data regarding the pendency of cases in District Courts and High Courts across the country. So far, the data of the Supreme Court was not available in the NJDG. Now the Supreme Court data is also available on NJDG.
The Supreme Court today expressed its strong disapproval today when a junior counsel appeared before it unprepared and sought an adjournment. In a stern response, the Court levied costs on the Advocate-on-Record responsible for sending the ill-prepared junior, highlighting the adverse impact of such conduct on both the court's proceedings and the junior counsel's professional growth
Case Details: Ajmal Ahmed v. Union of India & Ors.
Citation: Special Leave Petition (Civil) No. 19225 of 2021
The Supreme Court of India on Thursday refused to interfere with the Lakshadweep administration’s decision to exclude chicken, beef, and other meat from the menu of mid-day meals for schoolchildren, as well as its order directing the closure of all dairy farms in the archipelago run by the animal husbandry department.
Prime Minister Lauds Supreme Court & CJI For Making SC Data Available On National Judicial Data Grid
The Prime Minister of India Narendra Modi lauded the Supreme Court and Chief Justice DY Chandrachud for the onboarding of the Supreme Court data on the National Judicial Data Grid (NJDG). Stating that the harnessing of technology would further transparency, the Prime Minister took to his twitter account to state–
"Laudatory step by the Supreme Court and CJI DY Chandrachud Ji. Such harnessing of technology will further transparency and enhance the justice delivery system in our country."
The Supreme Court on Wednesday said that it will soon hear the curative petition on the issue whether unstamped/insufficiently stamped arbitration agreements are unenforceable.
Chief Justice of India DY Chandrachud, who was presiding over a 5-judge bench, said that the curative petition might be heard next week. CJI also invited lawyers specialised in arbitration law to assist the Court in the matter, regardless of whether they are appearing for any of the parties involved in the case.
Case title: Deepanshu & Ors v. UPSC| Pranav Kesharwani & Ors v. UPSC
Citation: W.P.(C) No. 979/2023|W.P.(C) No. 977/2023
In a significant order today, the Supreme Court came to the aid of candidates who faced the cancellation of their candidature in the upcoming UPSC Civil Services Mains Examination, 2023.
The Court directed the Union Public Service Commission (UPSC-respondent) to issue admit cards to eight candidates for the Mains Exam which is scheduled to take place this coming Friday (September 15). This interim relief is subject to the final outcome of their petitions. The UPSC had rejected the candidature of two of the petitioners due to the non-submission of provisional certificates in support of their educational qualification. As regards other six petitioners, the UPSC had cited certain errors in the Economically Weaker Section(EWS) certificates
Case Title: PUCL v State of Maharashtra
Citation: Crl.A. No. 1255/1999
The Supreme Court on Wednesday directed the Union Ministry of Home Affairs to prepare a comprehensive manual on media briefings by police personnel within a period of three months. The bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice Manoj Misra also directed Director Generals of Police (DGPs) of all states to submit their suggestions for the manual. Additionally, the court directed that the input of the National Human Rights Commission (NHRC) be considered in this matter.
The Supreme Court on Wednesday (September 13) told BJP MP Manoj Tiwari that it won't interfere with the firecracker ban imposed in the National Capital Territory of Delhi. Tiwari's counsel argued before a bench comprising Justices AS Bopanna and MM Sundresh that the Delhi Government has imposed an absolute ban on the sale and use of firecrackers, despite the orders of the Supreme Court against a blanket ban.
Supreme Court Asks Delhi Police How It Plans To Enforce Firecracker Ban In Delhi-NCR
Case Title: Arjun Gopal v. Union Of India
Citation: W.P.(C) No. 728/2015
The Supreme Court on Wednesday questioned the Delhi Police on how they were going to implement the firecracker ban imposed in the National Capital Territory of Delhi.
A bench of Justice A S Bopanna and Justice M M Sundresh was hearing a batch of petitions filed seeking a ban on the sale, purchase and use of firecrackers in India.
Case Title: M/S. BAJAJ ALLIANCE GENERAL INSURANCE CO.LTD. v. RAMBHA DEVI
Citation: Civil Appeal No(s).841/2018
Deferring the hearing on the Light Motor Vehicle Driving License issue, a Supreme Court Constitution Bench on Wednesday urged the Union Government to consider if the matter could be resolved through amendments to the Motor Vehicles Act 1988 and policy changes.
The issue before the Constitution Bench is whether a person holding a driving licence in respect of a “light motor vehicle”, could on the strength of that licence, be entitled to drive a “transport vehicle of light motor vehicle class” having unladen weight not exceeding 7500 kg.
Union Cabinet Approves E-Courts Phase III For 4 Years With Budget Of Rs.7210 Crore
The Union Cabinet today approved the e-Courts Project Phase III as a Central Sector Scheme spanning four years (2023 onwards) with financial outlay of Rs.7210 crore, stated the Union Ministry of Law and Justice in a post in X(formerly Twitter).
"With the Cabinet approval of eCourts Project Phase III, we are ushering in a new era of justice delivery in India. Integrating advanced technology will make our judicial system more accessible and transparent", said Prime Minister Narendra Modi in X
Justice BR Gavai represented the Supreme Court of India in the Commonwealth Magistrates and Judges Association Conference at Cardiff, United Kingdom.
Today, Justice Gavai delivered his speech on the topic: We must move from “Corporate Social Responsibility” to “Corporate Legal Responsibility”
Justice Gavai, while addressing the session, has said: “Corporate Social Responsibility is a concept where businesses are mandated to integrate social and environmental concerns in their business activities. However, Corporate Social Responsibility in all cases works on self-regulation and allows flexibility to the corporations to fulfil their social obligations. It has mainly been considered as a moral and normative responsibility that corporates can voluntarily pursue.
But, “in the event of conflict or serious harm to the environment, animals or people, where corporate irresponsibility is occurring, it is manifestly illogical to leave to the corporation the task of self-regulating.” This shows that Corporate Social Responsibility as a concept lacks legal accountability for non-performance of social obligations by companies. Therefore, there should be a shift in focus towards legally mandated accountability.”
Senior Advocate Vijay Hansaria, the amicus curiae appointed by the Supreme Court in the matter relating to criminal cases against elected representatives (MPs/MLAs) in his 19th report has suggested that limiting the period of disqualification to contest elections after conviction to 6 years, is manifestly arbitrary and violative of Article 14 of the Constitution. The Amicus has suggested permanent disqualification of such convicts instead of a 6 year ban.
The Amicus has described the position occupied by Law Makers to be 'sacrosanct', and has suggested that once MPs/MLAs are found to have committed an offence involving moral turpitude, they should be permanently disqualified from holding office
Case Title: M/s. PLR Projects Pvt. Ltd. v. Mahanadi Coalfields Limited And Ors.
Citation: Diary No. 33859/2022
The Supreme Court on Tuesday issued notice to a bar association in Odisha for abstaining from court work for a day citing the death of one of its members. Taking a critical view of the decision of the Raigarh Bar Association, the Court said that even though the death of a lawyer is an unfortunate incident, it cannot be a reason to bring the judicial work to a standstill.
Case Title: SAFIQ AHMAD vs. ICICI LOMBARD GENERAL INSURANCE CO. LTD
Petition(s) for Special Leave to Appeal (C) No(s). 1110/2017
A Division Bench of the Supreme Court resumed its hearing concerning the filing of fake claim petitions for getting compensation under the Motor Vehicles Act. The Bench, comprising Justices Sanjiv Khanna and S.V.N. Bhatti, directed the State governments to file up-to-date status reports regarding fake claims and actions taken. Further, the State governments were also asked to inform the Court whether special investigation teams (SITs) have been constituted.
In addition to the above directions given to the States, the Court also directed the Bar Council of each state to file status reports indicating whether any complaints relating to fake cases and involvement of advocates have been decided or are pending. Lastly, the insurance companies were also asked to file status reports with complete details regarding fake claim cases.
Case Title: K. Babu V. M. Swaraj
Citation: SLP (C) No. 15320/2023
The Supreme Court on Tuesday refused to stay the proceedings in the election petition filed against Congress MLA K Babu pending before the Kerala High Court, challenging his election from the Tripunithura constituency in the 2021 Kerala Legislative Assembly Elections.
Case Title: Branch Manager, Punjab National Bank & Ors. v. Guru Nanak Engineering Works & Ors.
Citation: Diary No. 2477 of 2023
The Supreme Court of India on Monday (September 11) requested the Reserve Bank of India (RBI) to submit an affidavit clarifying its directives concerning banks’ obligations to borrowers. Specifically, the court sought answers to three key questions: whether banks are required to provide borrowers with signed loan documents if they must inform borrowers about changes in interest rates, and whether the lenders are under an obligation to furnish borrowers with annual statements of their loan accounts.
The Supreme Court observed that a deposit of a minimum 20% amount under Section 148 of the Negotiable Instruments Act as a condition to suspend sentence is not an absolute rule.
When an Appellate Court considers the prayer under Section 389 Cr.P.C. of an accused who has been convicted for offence under Section 138 of the Negotiable Instruments Act, it can consider whether it is an exceptional case which warrants grant of suspension of sentence without imposing the condition of deposit of 20% of the fine/compensation amount, the Court observed.
In the petition challenging FIRs lodged against the members of the Editors Guild of India (EGI) over a fact-finding report published by them about the ethnic violence in Manipur, the Supreme Court today orally remarked that the issue pertained to just a report and was not a case of someone committing an offence on the ground. The writ petition, jointly filed by journalists Seema Guha, Sanjay Kapoor, Bharat Bhushan, and the President of the Editors Guild of India was being heard by a bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra. The court also stated that it was not inclined to quash the FIRs itself and was contemplating whether the matter should be transferred to the Delhi High Court or should be heard by the Manipur High Court.
Case title: Medical Officers Association (Ayurveda) State Of Gujarat v. Union Of India
Citation: W.P.(C) No. 723/2023
The Supreme Court on Tuesday refused to entertain applications seeking recall of its judgment delivered on April 26, 2023, which held that Ayurved doctors cannot claim equal pay as Allopathy doctors. However, the Court has left open the remedy of filing a review petition against the judgment.
The Court also deferred the hearing of an application filed by the National Commission for Indian System of Medicine (NCISM) seeking modification of the judgment till the final disposal of the review petition.
“The Miscellaneous Application No. 26128/2023(National Commission for Indian System of Medicine (NCISM) will await the decision of the review petition. It's also open for them to file a review petition if advised", the Court observed.
The Supreme Court today witnessed a courtroom exchange on the growing 'street dog menace' in the country. Chief Justice of India DY Chandrachud expressed concerns when he noticed an injury on a counsel's arm and inquired about its cause. What began as a simple inquiry quickly evolved into a discussion on the growing menace of street dogs in the country's neighbourhoods
A Supreme Court constitution bench on Monday(September 11) reiterated that any change in procedure after an offence is committed would not be unconstitutional on grounds of the bar on the retrospective application of ex post facto laws contained in Article 20(1) of the Constitution, since procedural matters were not covered by the said clause.
The Supreme Court on Monday (September 11) issued notice on a petition raising a significant question regarding the authority of a Special Investigation Team (SIT) to file a chargesheet under section 173(2) Code of Criminal Procedure. The petitioner raised a question of law whether an SIT can be considered a police station with the power to initiate legal proceedings. This was in reference to an SIT formed by the State of Karnataka(petitioner) in 2015 to probe into allegations of corruption against officials of Lokayukta
Case Title: Umar Khalid v. State of NCT of Delhi
Special Leave Petition (Criminal) No. 6857 of 2023
The Supreme Court on Tuesday granted leave in the bail application of former JNU scholar and activist Umar Khalid in connection with the Delhi riots larger conspiracy case. He has been behind bars since September 2020, awaiting his trial under the Unlawful Activities (Prevention) Act for his alleged involvement in the larger conspiracy surrounding the communal violence that broke out in February 2020 in the national capital
Case : SG Vombatkere v. Union of India
Citation: W.P.(C) No. 682/2021
The Supreme Court on Tuesday (September 12) referred the petitions challenging the sedition law (Section 124A of the Indian Penal Code) to a bench of at least 5-judges.
A three-judge bench led by Chief Justice of India DY Chandrachud said that a reference to a larger bench was needed as the provision was upheld by a 5-judge bench in the 1962 judgment Kedar Nath Singh v. State of Bihar. Being a smaller bench, it may not be appropriate for it to doubt or overrule Kedar Nath, said the bench led by Chief Justice of India.
The bench, also comprising Justices JB Pardiwala and Manoj Misra, stated in its order that that Kedar Nath was decided on the basis of the narrow understanding of the fundamental rights which was prevalent then. Also, Kedar Nath examined the issue only from the angle of Article 19, as per the understanding of Constitutional law prevalent then that the fundamental rights operate in distinct silos. Later, this understanding of law changed in view of subsequent judgments which held that Articles 14, 19 and 21 operate in harmony
Supreme Court Adjourns Hearing In SNC Lavalin Case At CBI's Request
Case Title: Kasthuri Ranga v. State Rep. By Addl. Superintendent Of Police CBI And Ors. Citation: SLP(Crl) No. 7801/2017
The Supreme Court on Tuesday adjourned the appeals filed by the Central Bureau of Investigation (CBI) challenging the discharge of Kerala Chief Minister Pinarayi Vijayan and other accused in the SNC Lavalin Case.
The Supreme Court on Tuesday adjourned until September 25 the hearing of the bail plea of Aam Aadmi Party leader and former Delhi government cabinet minister Satyendar Jain in a money laundering case. Jain was arrested by the Enforcement Directorate in May 2022 and was granted interim bail due to medical reasons earlier this year. The court today clarified that this interim relief will continue until the next date of the hearing.
Case: Mafabhai Motibhai Sagar v. State of Gujarat
Citation : 2023 LiveLaw (SC) 774
The Supreme Court on Monday directed the release of a prisoner on parole, due to the delay of one year on the part of the Gujarat Government in considering his prayer for premature release. The Apex Court also directed the State Government to place its decision on record within two weeks.
The Supreme Court on Tuesday criticized the Registry for shifting the blame on Court Masters for not complying with the Court’s orders.
“This is a very sorry state of affairs. The members of the staff of the Registry are not able to understand simple orders passed by this Court and they are trying to shift the entire burden on the Court Masters which was uncalled for.” The Apex Court said.
Prime Minister Narendra Modi delivered an address at the inauguration of the Bar Council of India International Lawyers' Conference 2023. The theme of the conference is, ‘Emerging challenges in Justice Delivery System’.
In his address, Prime Minister Modi emphasized the importance of simplifying legal language and enhancing accessibility to justice for the common man. Highlighting the often-overlooked aspect of language and simplicity in law, he pointed out that there are two ways of presenting laws: one by the language familiar to legal professionals and another by the language understood by the common man. He stressed the importance of making the law accessible and relatable to every citizen so that they feel a sense of ownership over it.
Former Andhra Pradesh Chief Minister Chandrababu Naidu approached the Supreme Court seeking to quash the FIR against him in connection with the skill development scam case.
He filed a special leave petition in the Supreme Court on Saturday challenging the judgment delivered by the Andhra Pradesh High Court yesterday dismissing his plea to quash the FIR. Following the dismissal of the petition, a Court in Vijayawada granted the Andhra Pradesh Crime Investigation Department(CID) two days of police custody of Naidu for interrogation.
Spirit Of Collaboration Between Institutions Necessary To Deliver Justice: CJI DY Chandrachud
"While the Constitution provides for separation of powers between the legislature, the executive, and the judiciary, it also creates a space for institutions to learn from each other to deliver justice", said Chief Justice of India DY Chandrachud highlighting the importance of the "spirit of collaboration" between institutions.
Delivering an address at the inauguration of the Bar Council of India International Lawyers' Conference 2023, Chief Justice of India DY Chandrachud said, "In our tendency to emphasize differences, we often forget the abundant examples of collaboration between the institutions to further the interests of justice".
The Bar Council of India International Lawyers' Conference 2023 featured a technical session addressing the impact of social media on the justice delivery system.
Justice Karol, in his address, emphasized the growing omnipresence of social media. However, Justice Karol cautioned against sensationalizing legal proceedings for "headline-grabbing purposes". "Minute-to-minute reporting of utterances and observations is not appropriate considering the working circumstances. Here, I must emphasize to my friends on social media and electronic media that the judges are not celebrities. And neither are these online platforms paparazzi who need to report on our moments” he stated.
Juvenile Delinquents Are Very Often Children In Need Of Care & Protection: Justice BV Nagarathna
Justice B. V. Nagarathna, judge of the Supreme Court, while delivering her address at the Inaugural session of the National Annual Stakeholders Consultation on Children in Conflict with Law, expressed that it is imperative to acknowledge that children in conflict with law are not just offenders but in many cases are also children in need of care and protection. Juvenile delinquents, very often, are themselves, victims, particularly in instances of the drug trade, sexual trafficking or family disputes.
Social Media Has Positive, Negative, And Balanced Impact: Justice JK Maheshwari
Speaking at the International Lawyers' Conference 2023, Justice JK Maheshwari, judge of the Supreme Court, provided a comprehensive overview of the impact of social media on the justice system.
Positive Impact: Connecting with the Community: Social media enables advocates and judges to stay connected with the community, fostering a better understanding of social dynamics and issues affecting society.
Spreading Legal Awareness: It serves as a powerful tool for disseminating legal awareness, making legal information more accessible to the general public.
Justice Ravindra Bhat, while delivering her address at the Inaugural session of the National Annual Stakeholders Consultation on Children in Conflict with Law, asserted that in a fast-paced and rapidly evolving world, we must, as individuals, citizens, and duty-bearers leverage knowledge, technology and social resources to identify vulnerabilities and mitigating them in our joint endeavor to prevent children from coming into conflict with the law. He also highlighted that the underpinning belief of justice for children is that they can and should be reformed, and thus, reformation must be the primary driver of all decisions taken for them.
Supreme Court To Organise Two-Day National Annual Stakeholders Consultation On Child Protection
On 23-24 September 2023, the Supreme Court Committee on Juvenile Justice and Child Welfare, in partnership with UNICEF India is organizing a two-day national consultation on best practices followed in states and the way forward to strengthen justice systems for children in conflict with the law. The event will be organized at the Supreme Court.
Case title: Bambhaniya Sagar Vasharambhai v. Union Of India
Citation: W.P.(C) No. 856/2023
The Supreme Court on Friday (September 22) stated that persons with disabilities should not be excluded from MBBS courses merely on the basis of a quantitative assessment of their disabilities. The Court further stated that the assessment of the disabilities must have cogent reasoning as to how such candidates will be unable to pursue the medical courses.
The Court made these observations while expressing dissatisfaction with the reports submitted to it by the Medical Board constituted by the All India Institute of Medical Sciences assessing the disabilities of two candidates.
The former Chief Justice of India Justice UU Lalit will be teaching a new course titled "Affirmative Action in India: A Brief Constitutional History" in IIT Bombay. Justice Lalit is a distinguished visiting professor at the Ashank Desai Centre for Policy Studies of IIT Bombay.
Case: Joint Forum Of Medical Technologists Of India (Jfmti) & Ors. v. Union of India
Citation: [W.P.(C) No. 983/2023
On Friday, the Supreme Court issued a notice in a Public Interest Litigation (PIL) seeking the implementation of the National Commission for Allied and Healthcare Professions (NCAHP) Act, 2021. The PIL, which was listed before a bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, specifically seeks for the implementation of Section 22(1) which provides for the establishment of professional councils and state allied and healthcare councils.
Supreme Court Rejects Firecracker Makers' Plea To Use Barium & Joined Crackers
Case Title: Arjun Gopal v. Union Of India
Citation: W.P.(C) No. 728/2015
The Supreme Court on Friday rejected an application filed by the Firecracker Manufacturers Association to include barium with improved formulations in green crackers. The Court clarified that the earlier orders passed by it banning the use of barium-based chemicals in firecrackers will prevail.
The Court further rejected another application filed by the firecracker manufacturers to use joined crackers. A bench comprising Justices AS Bopanna and MM Sundresh passed the order. "These two applications (for use of barium with improved formulations and joined crackers) we have declined for the present. We are not allowing for the present. The other applications are kept pending", Justice Bopanna orally said.
Supreme Court Dismisses PIL Seeking Independent Audit Of EVM Source Codes
Case Title: Sunit Ahya v. Election Commission of India
Citation: W.P.(C) No. 826/2023 PIL-W
The Supreme Court on Friday refused to entertain a Public Interest Litigation (PIL) seeking an independent audit of source codes of Electronic Voting Machines (EVMs). The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra noted that the matter concerned sensitive policy issues and thus, the court was not inclined to interfere with the same.
Supreme Court To Organise Two-Day National Annual Stakeholders Consultation On Child Protection
On 23-24 September 2023, the Supreme Court Committee on Juvenile Justice and Child Welfare, in partnership with UNICEF India is organizing a two-day national consultation on best practices followed in states and the way forward to strengthen justice systems for children in conflict with the law.
Case Title: Linguistic Minorities Forum of Tamil Nadu v. State of Tamil Nadu And Ors.
Citation: SLP(C) No. 16727-16728/2022]
The Supreme Court on Thursday (September 21) made some pertinent observations with respect to Tamil Nadu Tamil Learning Act, 2006, (Act) which made Tamil paper compulsory in the tenth standard board exam. Pursuant to the Act, while Tamil was mandated in the syllabus as a compulsory subject, minority linguistics were considered as an optional subject for which there was no requirement of minimum marks obtained.
Sanatana Dharma Row | Supreme Court Issues Notice To Tamil Nadu Minister Udhayanidhi Stalin
Case: B Jagannath v. The State of Tamil Nadu
Citation: W.P.(C) No. 1001/2023
The Supreme Court on Friday agreed to hear a plea seeking the registration of a first information report (FIR) against Tamil Nadu minister and DMK leader Udhayanidhi Stalin over his controversial remarks about 'Sanatana Dharma'. Besides this, the petition also raised concerns about a 'Sanatana Dharma Eradication Conference', where these remarks were allegedly made by the minister sparking a political controversy.
Case Details: Shri Krishna Janambhoomi Mukti Nirman Trust v. Sahi Masjid Eidgah Management Committee
Citation: Special Leave Petition (Civil) No. 18551 of 2023
The Supreme Court on Friday refused to entertain a plea by the Shri Krishna Janmabhoomi Mukti Nirman Trust seeking a scientific survey of Shahi Eidgah Masjid premises, which is claimed to be built over Krishna Janmabhoomi. The Court, however, clarified that all questions relating to the Shri Krishna Janmabhoomi-Shahi Eidgah Mosque dispute would be left open to the Allahabad High Court to decide, which recently transferred to itself a clutch of suits seeking various reliefs with respect to the ongoing land dispute.
Case title: Minority Indians Planning and Vigilance Commission Trust v. Union of India
Citation: CONMT.PET.(C) No. 000669 - 000670 / 2022 in Special Leave to Appeal (C) No(s). 4751-4752/2021
The Supreme Court on Friday (September 22) issued notice in a contempt petition which alleged that the Union Government, the State of Kerala and the Kerala State Commission for Backward Classes(KSCBC) have not complied with directions to conduct socio-economic study for revising the reservation list for Socially and Educationally Backward Classes in the State.
Stray Dog Issue | 'Want To Issue Concrete Guidelines' : Supreme Court Lists For Hearing On Oct 18
Case Title: Animal Welfare Board of India V. People For Elimination of Stray Troubles
Citation: C.A. No. 5988/2019
The Supreme Court on Thursday orally remarked that it does not intend to issue any interim directions in the matter relating to the curbing of stray dog attacks in the country and that it wants to hear the matter on merits and issue concrete guidelines
Case title: Voluntary Arunachal Sena v. State of Arunachal Pradesh
Citation: SLP(C) No. 034696 / 2010
The Supreme Court on Thursday (September 21) received a sealed cover report filed by the Chief Minister of Arunachal Pradesh Pema Khandu in a petition which raised allegations regarding awarding of government tenders a decade ago
Case Title: G Niranjan v Election Commission Of India | Writ Petition(s)(Civil) No(s). 177/2023
Citation: 2023 LiveLaw (SC) 805
The Election Commission of India has given an undertaking to the Supreme Court that it will issue "appropriate clarificatory changes" in Forms 6 and 6B (for Registration in E-Roll) which required details of Aadhaar number for the purpose of electoral roll authentication for new voters.
Case Title: State Of Karnataka By Its Chief Secretary v. State Of Tamil Nadu State By Its Chief Secretary
Citation: MA 3127/2018 in C.A. No. 2453/2007
The Supreme Court on Thursday refused to interfere with the order of the Cauvery Water Management Authority (CWMA) that directed the State of Karnataka to release 5000 cusecs of water at Biligundlu for 15 days. The order pertains to the period of 13th to 27th September. The order passed by the Cauvery Water Regulatory Committee (CWRC) was affirmed by the CWMA.
Case Title: Bilkis Yakub Rasool v. Union of India & Ors.
Citation: Writ Petition (Criminal) No. 491 of 2022
In the Bilkis Bano case, Senior Advocate V Chitambaresh, appearing for the released convicts, told the Supreme Court on Wednesday (September 20) that a remission order can be challenged only in a high court, and not in the Supreme Court. Pointing out that Article 226 of the Constitution, which conferred on high courts the power to issue writs was wider than Article 32, the senior counsel argued – “An order granting remission can only be challenged under Article 226, and not under Article 32. We have come across orders declining remission being challenged under Article 32 because there is an infringement of a fundamental right guaranteed under Part III of the Constitution. A remission order is open to judicial review only under Article 226, and not under Article 32.
The Supreme Court recently restrained the Telangana High Court and the District Courts from passing any orders in relation to the working of the Single Member Committee which was been constituted by the Top Court for the elections of the Hyderabad Cricket Association. The Court further ordered that if any directions in this regard have already been passed by the High Court or the District Courts, then they should not be given effect to
Supreme Court Expresses Shock At HC Order Reducing Maintenance For Wife As Merely Rs.1,000 Per Month
Recently, a Division Bench of the Supreme Court, while hearing an appeal, expressed shock at the impugned judgment of the Jharkhand High Court, whereby the maintenance amount of Rs. 5,000, awarded by the Trial Court, was reduced to Rs. 1,000, per month. The Court further opined that it finds no justification for reducing the amount to such an extremely low limit
Case Title: News Broadcasters Association v. Union Of India And Ors
Citation: Diary No. 10801-2021
The Ministry of Information and Broadcasting through its recent affidavit has told the Supreme Court that the NBDA (News Broadcasters & Digital Association) is trying to create monopolistic rights in the complaint redressal mechanism for news broadcasters, free from statutory accountability and action.
Case Title: Sita Soren v. Union of India
Citation: CRIMINAL APPEAL NO. 451 OF 2019
The Supreme Court on Wednesday referred the judgement in PV Narasimha Rao v State (1998) to a seven-judge bench. The judgement in PV Narasimha Rao had held that legislators enjoyed immunity from prosecution in cases of bribery in relation to parliamentary vote and speech as per Article 105(2) and Article 194(2) of the Indian Constitution. However, it had added that the immunity would only be extended if the legislators carried out the act that they had taken the bribe for.
Assam NRC | Supreme Court To Hear Challenge To Section 6A Citizenship Act From October 17
The Supreme Court today decided that it will commence hearing the batch of petitions challenging the constitutional validity of Section 6A of the Citizenship Act, 1955 from October 17, 2023. The bench comprising CJI DY Chandrachud along with Justices AS Bopanna, MM Sundresh, JB Pardiwala, and Manoj Misra had taken up the matter today to pass procedural directions.
Case Title: Animal Welfare Board of India V. People For Elimination of Stray Troubles
Citation: C.A. No. 5988/2019
The Kannur District Panchayat from the State of Kerala in a recent affidavit has told the Supreme Court that an estimated 30 stray dog bites are being reported in Kannur district everyday.
The Panchayat has informed the Apex Court that despite its best efforts to curb the issue, the incidents of stray dog attacks, bites and road accidents due to collision with dogs, are increasing day by day.
Case Title: Ashok Kumar Jain v. UoI
Citation:W.P. (C) No.546/2000
A Constitution Bench of the Supreme Court on Wednesday (September 20) posted a batch of cases challenging the reservations provided for Scheduled Castes(SCs) and Scheduled Tribes(STs) communities in Lok Sabha and State Legislative Assemblies for hearing on November 21
Case Title: Anubrata Mondal @ Kesto v. Central Bureau of Investigation
Citation: Diary No. 33558 of 2023
The Supreme Court on Monday issued notice in Trinamool Congress (TMC) leader Anubrata Mondal’s bail application in connection with an alleged cross-border cattle smuggling scam, and sought the response of the Central Bureau of Investigation (CBI) to his prayer. Mondal, who is currently lodged in Delhi’s Tihar jail, was arrested in August last year by the central agency.
Supreme Court Stays Karnataka HC Judgment Setting Aside Election Of JD(S) MP Prajwal Revanna
Case Title: Prajwal Revanna v. Sri A Manju & Ors
Citation: C.A. No. 5815/2023
The Supreme Court on Monday, as an interim direction, stayed the judgement of the Karnataka High Court which set aside the election of Janata Dal (Secular) Prajwal Revanna as a Member of Parliament from Hassan Parliamentary constituency in 2019 Lok Sabha elections, for filing a false election affidavit.
People Remaining Behind Bars As Undertrials A Disturbing Trend : Supreme Court Judge Justice SK Kaul
Justice Sanjay Kishan Kaul, Supreme Court judge and Executive Chairperson of the the National Legal Services Authority (NALSA), expressed concerns about the situation of undertrial prisoners.
"We could not have a scenario where we perceive that the only punishment that can be delivered is keeping people at the undertrial stage irrespective of whether the prosecution has the ability to get the conviction ultimately", he said while speaking at the launch of Under Trial Review Committee (UTRC) Special Campaign 2023, by the National Legal Services Authority (NALSA).
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 Monday adjourned the hearing of a plea filed by Tamil Nadu Director of Vigilance and Corruption (DVAC) challenging a Madras High Court order ruling out a fresh inquiry ordered by the state government against former chief minister Edappadi Palaniswami in connection with an alleged highway tender scam
In yet another development in the Adani-Hindenburg matter, the petitioner seeking a Court monitored investigation against the Adani group companies has filed a new affidavit in the Supreme Court, raising apprehensions against the Expert Committee constituted by the Supreme Court.
The affidavit filed by petitioner Anamika Jaiswal has alleged that three out of the six members of the committee "fail to inspire confidence among the people of the country" owing to their background and relations with Adani
Case Title: ELECTION COMMISSION OF INDIA vs. NAROTTAM MISHRA
Citation: C.A. No. 811/2019
The Supreme Court, on Monday(September 18), heard the appeal pertaining to the disqualification of Madhya Pradesh’s Home Minister Narottam Mishra. The appeal was filed by the Election Commission of India (ECI) challenging the Delhi High Court’s 2018 decision which had set aside ECI’s order, passed in 2017, disqualifying Narottam Mishra
Read What Supreme Court Told Centre About Women’s Reservation Bill One Month Ago
On the inaugural day (September 18) of the special session of the Parliament, the union cabinet reportedly approved the tabling of the women’s reservation bill. But lesser known is that one month ago, the Supreme Court had questioned the Central Government for not making its stand clear on the issue of women reservation.
The Court asked the Central Government why it had not filed its response to a PIL filed in 2021 seeking reservation for women in legislature.
Law's Outcome Depends On Who Wields The Law In Their Hands : CJI DY Chandrachud
Chief Justice of India, DY Chandrachud recently spoke on how justice and the outcome of the law depends on who is wielding the law in their hands.
“When the law is wielded with compassion, it is capable of producing justice, when it is wielded with a sense of arbitrary power it yields injustice. The law is the same, the outcomes depends on who wields the law in their hands. I mean not just the judges and lawyers, but civil society.
Plea In Supreme Court Seeks Law To Ban Screening Procedure For Nursery School Admissions In Delhi
A civil rights group ‘Social Jurist’, has approached the Supreme Court against the order of the Delhi High Court rejecting its Public Interest Litigation (PIL) filed to expedite the finalization of Delhi School Education (Amendment) Bill, 2015. The bill prescribes banning of a screening procedure in the admission of children at the pre-primary level.
The plea contends that even though bill was prepared back in 2015, it is yet to be passed. The plea states that the delay in passing the bill is because it is hanging in between the Central Government and the Delhi Government. The plea contends that the delay is against the interest of children.
India’s Arbitration Law Is In A ‘Chronic State Of Animated Suspension’: Fali S Nariman
Speaking at the inaugural session of the United Nations Commission on International Trade Law (UNCITRAL) South Asia Conference, 2023 Senior Advocate, Fali S Nariman, said that India’s Arbitration law is in a ‘chronic state of animated suspension’.
In the event held on September 14, Nariman said that when the Arbitration and Conciliation Act, 1996 was enacted it largely conformed to the UNCITRAL model law adopted by the U.N General Assembly in 1985. However, since the subsequent amendments, the 1996 Act ‘went off the rails’, he remarked.
CJI DY Chandrachud Cautions Lawyers Against Resorting To Strikes & Boycotts
Chief Justice of India DY Chandrachud cautioned against lawyers resorting to strikes and boycotting courts. Issues could always be amicably resolved by discussion and co-operation between the Bar and the Bench, he said on Sunday (September 17) addressing lawyers at Chhatrapati Sambhaji Nagar to mark the 75th Marathwada Liberation Day, also known as Marathwada Mukti Sangram Din.
Case Title: Gohar Mohammed Versus Uttar Pradesh State Road Transport Corporation & others Citation: Civil Appeal No. 9322 of 2022
The Supreme Court recently directed all State Governments and Union Territories to deposit money with the Court's Registrar for the labour put in by the Amicus Curiae in a matter related to the implementation of the amended Motor Vehicles Act and the Central Motor Vehicles Rules. The States were asked to deposit Rs. 30,000/- each while the UT's were asked to deposit Rs. 20,000/
Most Arbitrators Are Men,This Is Indicative of Our Unconscious Gender Bias: CJI DY Chandrachud
Speaking at the inaugural session of the United Nations Commission on International Trade Law (UNCITRAL) South Asia Conference, 2023, Chief Justice of D Y Chandrachud, highlighted the issue of skewed gender composition in various International arbitral tribunals and institutions.
“I am pleased to note that various International arbitral tribunals and institutions have curated regionally diverse panels of arbitrators. I'm certain that this diversity is a contributor to the success of these institutions in transcending geographical and cultural barriers. However, the gendered compositions in these panels are hard to miss. We face what is called a diversity paradox. That is, a mismatch between our stated objectives and actual appointments. Less than 10 percent of all Indian arbitrators on various International institutional panels, are women. ICC’s 2022 report on gender diversity identified an unconscious bias as contributing to this problem", he said at the event held on September 14.
Case Details: Hemant Soren v. Union of India & Anr.
Citation: Writ Petition (Criminal) No. 378 of 2023
Jharkhand Chief Minister Hemant Soren agreed to withdraw his writ petition against summonses by the Enforcement Directorate (ED) in connection with a money laundering case, after the Supreme Court on Monday expressed its disinclination to entertain the matter.
Case Details: In Re Violence In Lakhimpur Kheri (Uttar Pradesh) Leading To Loss Of Life
Citation: Writ Petition (Criminal) No. 426 of 2021
The Supreme Court on Monday disbanded a special investigation team (SIT) constituted by it to probe into the October 2021 Lakhimpur Kheri violence that claimed the lives of eight individuals, including four protesting farmers who were allegedly mowed down by a vehicle in the convoy of Bharatiya Janata Party leader Ajay Kumar Mishra’s son, Ashish Mishra. The court also relieved former Punjab and Haryana High Court judge Rakesh Kumar Jain, who had been appointed to supervise the probe, of his responsibilities
Case Title: News Broadcasters Association v. Union Of India And Ors.
Citation: SLP(C) No. 17959-17960/2023
The Supreme Court on Monday (September 18) orally said that it does not want to get caught up in the rivalry between rival news media organisations and that it was only concerned with giving the self-regulatory mechanism for TV channels "some teeth".
Case Title: Sunil Prabhu v. Speaker, Maharashtra State Legislative Assembly
Citation: WP (C) No. 685/23
The Supreme Court on Monday (September 18) expressed disapproval of the delay by the Speaker of the Maharashtra Legislative Assembly in deciding the disqualification petitions arising out of the rift within the Shiv Sena party between the Uddhav Thackeray and Eknath Shinde groups.
The Court said that the Speaker cannot delay the proceedings under the Tenth Schedule of the Constitution indefinitely and that there has to be a sense of respect to the directions passed by the Court
The Supreme Court on Monday (September 18) refused to interfere with an order passed by the Madras High Court which disallowed the sale of Ganesh idols containing plaster of paris in Tamil Nadu.
The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra dismissed a petition challenging a division bench decision of the Madras High Court which stayed an order of a single judge allowing the sale of Ganesh idols made using Plaster of Paris.
The Law Commission of India in its 283rd report on the ‘Age of Consent under the Protection of Children from Sexual Offences Act, 2012’ had ruled out reducing the age of consent to 16 years under the POCSO Act.
“After a careful review of existing child protection laws, and various judgments and considering the maladies of child abuse, child trafficking, and child prostitution that plague our society, the Commission is of the measured view that it is not advisable to tinker with the existing age of consent under the POCSO Act,” the report says.
Case Title: M/S. Wipro Enterprises Limited V. M/S. Mariyas Soaps and Chemicals
Citation: Petition(s) for Special Leave to Appeal (C) No(s). 20797/2023
The Supreme Court recently restrained M/s Mariyas Soaps and Chemicals from using their registered trademark ‘Chandra’ in an appeal filed by Wipro for being similar to its trademarked soap range ‘Chandrika’.
‘Till the next date of hearing, the respondents are restrained from using the trademark/trade name “Chandra,” a bench of Justice Sanjiv Khanna and Justice S V N Bhatti directed.
In another development in the Shiv Sena crisis, the Uddhav Thackeray faction has approached the Supreme Court challenging the Maharashtra Legislative Assembly Speaker's decision to issue a schedule for hearing of the disqualification pleas pending against rebel Sena MLAs led by Eknath Shinde.
As per the Uddhav Thackeray faction, the schedule, as per which the process of hearing would begin on October 6 and go on till November 23, is just another attempt to waste time. If the schedule is followed, the speaker's ruling is likely to come out in December or even later than that. The Thackeray faction has asked for a faster hearing.
Case title- Vishal Tiwari v. Union of India| Aisha Noori v. Union of India
Citation: W.P. Crl. 177/2023| W.P. Crl. 280/2023
In a significant development, the State of Uttar Pradesh has submitted a detailed status report in response to a Supreme Court directive issued on August 11, 2023, in the case of Vishal Tiwari v. Union of India.
The State of UP in its recent status report asserted that each of the seven incidents highlighted by the petitioner has been thoroughly investigated in accordance with the directions and guidelines set forth by the Supreme Court in various decisions. They claim that no fault has been found on the part of the police where investigations are complete
The Law Commission of India in its 283rd report on the ‘Age of Consent under the Protection of Children from Sexual Offences Act, 2012’ has said that blanket criminalisation of sexual activity among teenagers as per the POCSO Act is a cause of concern.
The Law Commission however ruled out reducing the age of consent to 16 years or giving limited exceptions in cases involving a child above the age of 16 years. Instead, the Commission suggested granting judicial discretion to Courts to impose less than minimum sentence where the age of the child is 16 years or above and the age difference between the persons is not more than 3 years.
Law Commission Recommends Allowing E-FIR Registration In Certain Cases
The Law Commission of India has recommended allowing the registration of electronic first information reports (e-FIR) for all cognizable offenses where the accused is not known, and the registration of such reports for all cognizable offenses with a maximum punishment of three years where the identity of the accused is known.
Accordingly, the commission has recommended suitable amendments not only to the Code of Criminal Procedure, 1973 but also to the Indian Evidence Act, 1872, the Information Technology Act, 2000, the Indian Penal Code, 1860, and other legislation to support e-FIR registration.
In a recent event, Supreme Court Judge Justice Hima Kohli lauded the entry of first-generation lawyers from diverse backgrounds and the increasing representation of women in the legal profession for their transformative impact. Speaking at the Forbes India-Legal Power List 2022 Finale, she emphasized that these changes have reshaped the very fabric of the legal profession.
Justice Kohli highlighted the significance of these contributions, stating, “Their contributions are far from mere tokenism; they bring to the table a wealth of diverse perspectives that challenge established norms and infuse cliched discussions with fresh ideas rooted in social justice, fairness and equity,” she added.
Recently, CJI D.Y. Chandrachud, speaking at the felicitation program of newly registered Advocates-on-Record (AORs) which was conducted on this Tuesday, said that AORs are crucial in every case that comes to the Supreme Court and sometimes more crucial than even the senior counsel. Essentially, the AOR takes the responsibility of putting the name on pleading and have ultimately answerability to the Court.
Case Title: Kerala Pravasi Association And Anr. v. Union Of India
Citation: W.P.(C) No. 989/2023 PIL-W
The Supreme Court on Wednesday refused to entertain a petition challenging the exorbitant air travel fares to and from the Gulf, noting that the petition could be taken up before the High Court instead of being dealt with by the Supreme Court.
Case Title: Manish Madanmohan Agarwal v. Satyanarayan Dhulichandji Agrawal
In a major development, the Supreme Court recently came across a petition in which a fabricated document was produced as an order passed by the Supreme Court itself.
On realizing that the order is fabricated, the Court ordered criminal investigation.
“It is obvious from the report(of the registrar) that the document purporting to be a copy of the order of this Court which is marked by Annexure-III in the report is a fabricated document. Therefore, the Registrar(Judicial Listing) must set the criminal law in motion by lodging a complaint with the jurisdictional police station," the bench comprising Justices Abhay S Oka and Pankaj Mithal ordered.
Case Details: State of West Bengal v. Dr. Sanat Kumar Ghosh & Ors.
Citation: Special Leave Petition (Civil) No. 17403 of 2023
Amid increasing friction between the Mamata Banerjee-led West Bengal government and Governor CV Anand Bose over the issue of the appointment of vice-chancellors in state-run universities, the Supreme Court on Wednesday (September 27) called upon intervenors to propose names of renowned scientists, technocrats, administrators, educationists, and other eminent individuals for inclusion in a selection panel to make these appointments.
The Rajasthan High Court Bar Association at Jaipur Bench has once again drew the ire of the Supreme Court for indulging in boycott.
"It is unfortunate that High Court Bar Association at Rajasthan resolved to abstain from the court work and, therefore, the High Court could not get assistance", the Court observed with dismay.
The Supreme Court on Wednesday tagged a petition seeking the registration of a first information report (FIR) against Tamil Nadu Minister and DMK leader Udhayanidhi Stalin over his controversial remarks about 'Sanatana Dharma', with another plea in which the court issued notice last week.
Case Details: National Investigation Agency v. Mahesh Sitaram Raut
Citation: Special Leave Petition (Criminal) No. 12448 of 2023
The Supreme Court on Wednesday (September 27) admitted the appeal by the National Investigation Agency (NIA) challenging the bail granted to tribal rights activist Mahesh Raut in the Bhima Koregaon case over alleged Maoist links. The court also extended the week-long stay granted by the Bombay High Court on the bail order, till the next date of hearing on October 5.
Case Details: State of Chhattisgarh v. Enforcement Directorate, Ranchi & Ors
Citation: Diary No. 8227 of 2023
The State of Chhattisgarh on Wednesday withdrew a writ petition filed in the Supreme Court under Article 32 of the Constitution challenging Section 50 of the Prevention of Money Laundering Act, 2002, and the powers of the Enforcement Directorate (ED) conferred by the anti-money laundering statute.
Justice SVN Bhatti Recuses From Hearing Chandrababu Naidu's Plea In Supreme Court To Quash FIR
Supreme Court judge Justice SVN Bhatti on Wednesday (September 27) recused himself from hearing a petition filed by former Andhra Pradesh Chief Minister Nara Chandrababu Naidu seeking to quash the criminal proceedings against him in connection with a multi-crore skill development scam in the state.
After the recusal of Supreme Court Judge Justice SVN Bhatti from hearing the petition of former Andhra Pradesh Chief Minister Chandrababu Naidu seeking quashing of his FIR in the skill development scam case, Naidu's lawyers mentioned the matter before the Chief Justice of India for urgent listing.
CJI DY Chandrachud agreed to list the matter on October 3 (the next working day for the Supreme Court). The CJI further orally told Naidu's lawyer that the Court will not restrain the trial judge from hearing the application filed by the Andhra Pradesh Crime Investigation Department (CID) for police custody of Naidu in the meantime
The Supreme Court on Wednesday (27.09.2023) considered a Special Leave Petition filed by Nipun Cherian, the President of political party 'V4 Kochi', against the order of the division bench of the Kerala High Court that sentenced him to four months imprisonment in a suo motu contempt proceeding initiated by it, for his statements against a sitting judge of the High Court .
The Court suggested that a statutory appeal to the Supreme Court be filed instead of a Special Leave Petition
Supreme Court Stays DMK Newspaper's Defamation Case Against Union Minister & BJP Leader L Murugan
Case Title: Dr. L. Murugan V. Murasoli Trust
Citation: SLP (Crl) No. 12091-12092/2023
The Supreme Court on Wednesday (27.09.2023) stayed the defamation proceedings against Union Minister Dr. L Murugan and former Tamil Nadu BJP Head initiated by DMK mouthpiece Murasoli Trust. Earlier this month, the Madras High Court had refused to quash the proceedings, against which Murugan approached the Apex Court in appeal.
Case Title: Mohammad Abdullah Azam Khan v. State of UP
Citation: Special Leave to Appeal (Crl.) No. 5216/2023
The Supreme Court on Tuesday (26.09.2023) directed the District Judge, Rampur to submit a report regarding the date of birth of Samajwadi Party leader Mohammed Abdullah Azam Khan while hearing his plea to stay the conviction in a case, that resulted in his disqualification as a member of the Uttar Pradesh legislative assembly
Case Details: People Union for Civil Liberties (PUCL) v. State of Nagaland
Citation: Civil Appeal No. 3607 of 2016
The State of Nagaland on Tuesday informed the Supreme Court that the state legislative assembly introduced a bill earlier this month seeking to reserve 33 percent reservation of seats in urban local bodies for women in terms of Article 243T of the Constitution of India.
Case Title: Advocates Association Bengaluru v. Barun Mitra And Anr.
Citation: Contempt Petition (Civil) No. 867 of 2021 in Transfer Petition (Civil) No. 2419 of 2019
While expressing renewed concerns on Tuesday over the central government's delay in deciding on various collegium recommendations for the appointment and transfer of judges of constitutional courts, the Supreme Court alluded to the Manipur High Court - 'a sensitive high court' - where the chief justice position lay vacant with the government sitting over the collegium's recommendation to appoint Delhi High Court judge Siddharth Mridul as the head of the high court.
Meanwhile, the northeastern state grapples with prolonged ethnic clashes requiring the court's intervention at crucial moments. Currently, Justice MV Muralidaran is serving as Manipur High Court's acting chief justice
Case Title: TVF Media Labs Pvt. Ltd. v. State (Govt. Of NCT Of Delhi)
Citation: SLP(Crl) No. 5532/2023
The Supreme Court on Tuesday (26.09.2023), while considering an appeal by the makers of the TVF web series ‘College Romance’, said that it will look into whether Section 67A of the Information Technology Act,2000 would apply to profane language.
The makers of the web series had approached the Supreme Court against the order of the Delhi High Court that had upheld the registration of FIR against them under Sections 67 and 67A of the Information Technology Act,2000.
Case title: Chain Singh v. State of Chattisgarh
Citation: Writ Petition(s)(Criminal) No(s). 183/2023
The Supreme Court recently (September 25) disapproved of the conduct of the Jail Superintendent of the Durg Central Jail in Chattisgarh for producing a purported letter from a prisoner in which he agreed to withdraw the petition filed by him in the Supreme Court seeking premature release.
The Delhi Government on Wednesday (September 27) requested the Supreme Court to urgently list the petition filed by it challenging the Government of NCT Delhi (Amendment) Act, 2023 which gives overriding powers to the Delhi Lieutenant Governor over the control of civil servants.
Supreme Court Orders Status Quo On Appointment Of Archakas(Priests) In Agamic Temples In Tamil Nadu
Case Title: Srirangam Koil Miras Kainkaryaparagal Matrum Athanai Sarntha Koilgalin Miraskainkaryaparargalin Nalasangam V. The State Of Tamil Nadu & Ors
Citation: SLP(C ) No. 19553/2023
The Supreme Court on Monday(September 25) ordered status quo relating to the appointment of Archakas (poojari/priest) in Agamic Temples in the State of Tamil Nadu.
In August 2022, a division bench of the Madras High Court had read down the Tamil Nadu Hindu Religious Institutions Employees (Conditions of Service) Rules, 2020 to hold that they would not apply to temples constructed as per agamas in relation to the qualifications and appointments of archakas/poojaris.
Case Title: Bhaskar Raju and Brothers and Anr V. s Dharmaratnakara Rai Bahadur Arcot Narainswamy Mudaliar Chattram & Other Charities and Ors
Citation: Curative Petition (Civil) No 44 of 2023 in Review Petition (Civil) No 704 of 2021 in Civil Appeal No 1599 of 2020.
The Supreme Court on Tuesday(September 26) referred to a seven-judge bench on the issue of whether unstamped/insufficiently stamped arbitration agreements are unenforceable. A 5-judge bench led by Chief Justice of India DY Chandrachud made the reference while hearing a curative petition against its 2020 ruling that had held that an arbitration clause in an insufficiently stamped agreement cannot be acted upon by the court
Case: Ashish Mishra alias Monu v. State of UP
Citation: SLP(Crl) No. 7857/2022
The Supreme Court on Tuesday (September 26) allowed Ashish Mishra, the prime accused in the Lakhimpur Kheri case, to visit and stay in the National Capital Territory of Delhi to look after his ailing mother and to get treatment for his daughter.
Case Title: Advocates Association Bengaluru v. Barun Mitra And Anr.
Citation: Contempt Petition (Civil) No. 867 of 2021 in Transfer Petition (Civil) No. 2419 of 2019
After a brief hiatus, the Supreme Court on Tuesday (September 26) again expressed concerns at the Central Government not deciding on several collegium recommendations for appointments and transfers of High Court judges, including the appointment of the Chief Justice of a "sensitive High Court" (alluding to the Manipur High Court).
Supreme Court Forms Special Bench To Hear Review Against PMLA Judgment, Hearing On Oct 18
The Supreme Court has constituted a special bench to hear the review petitions against the 2022 judgment in the Vijay Madanlal Choudhary case which upheld the constitutional validity of the provisions of the Prevention of Money Laundering Act (PMLA) relating to arrest, seizure, presumption of innocence, stringent bail conditions etc.
Supreme Court Asks ED To Not Summon BRS Leader K Kavita Till Nov 20
Case Details: Kalvakuntla Kavitha v. Directorate of Enforcement
Citation: Writ Petition (Criminal) No. 103 of 2023
The Supreme Court on Tuesday asked the Enforcement Directorate to not summon Bharat Rashtra Samithi (BRS) leader K Kavitha for questioning in connection with the Delhi excise policy case till the former Lok Sabha M plea challenging the central agency's summons is heard first. The ED is currently investigating her role in influencing the now-scrapped liquor policy in the national capital and related bribery allegations
Senior Advocate Dushyant Dave on Tuesday voiced his concerns about the rising trend of state governments demolishing the homes of people accused of crimes, emphatically stressing that the right to a home was a facet of the right to life under Article 21 of the Constitution.
The Supreme Court on Tuesday orally remarked that its order in Asian Resurfacing of Road Agency Pvt. Ltd. VS. Central Bureau of Investigation directing automatic vacation of stay granted by any court including High Courts in civil or criminal proceedings after 6 months ‘requires serious consideration’ as it is creating problems.
In March 2018, the Supreme Court had directed that where stay against proceedings of a civil or criminal trial is operating, the same will come to an end on expiry of six months unless in an exceptional case by a speaking order such stay is extended. This was reiterated by the Supreme Court in October 2020.
Case Title: Kisan Mahapanchayat v. Union of India
Citation: W.P.(C) No. 854/2021
Today, a Division Bench of the Supreme Court, dismissed a writ petition filed by the farmers’ group ‘Kisan Mahapanchayat’ which had approached the Court, in the year 2021, seeking permission to hold satyagraha at Jantar Mantar in the national capital to protest against the now repealed farm laws. The Court has, however, granted the liberty to the farmers’ group to approach the Delhi High Court.
The Supreme Court on Monday adjourned until October 17 the hearing of a plea filed by Tamil Nadu Director of Vigilance and Corruption (DVAC) challenging a Madras High Court order ruling out a fresh inquiry ordered by the state government against former chief minister Edappadi Palaniswami in connection with an alleged highway tender scam
Case Title: Pooja Singhal v. Directorate of Enforcement
Citation: SLP(Crl) No. 11971/2022
In a recent legal development, a Division Bench of the Supreme Court, while hearing an appeal filed by suspended Indian Administrative Services (IAS) officer Pooja Singhal assailing the Jharkhand High Court’s order wherein she was denied bail, directed the Directorate of Enforcement (ED) to inform the Bench about the real material witnesses who need to be examined in the matter.
It may be noted that Singhal was arrested last year pertaining to a money laundering case registered against her in connection with the alleged embezzlement of MGNREGA funds in Khunti district during 2009-2010 and some other suspicious financial transactions.
The Supreme Court has constituted a seven-judge bench to hear the reference of the judgement in PV Narasimha Rao v State (1998) which had held that legislators enjoyed immunity from prosecution in cases of bribery in relation to parliamentary vote and speech as per Article 105(2) and Article 194(2) of the Indian Constitution.
The judgement had added that the immunity would only be extended if the legislators carried out the act that they had taken the bribe for. In other words, if a legislator took a bribe to vote for a particular candidate but later decided to not go ahead with the same and voted for someone else, the immunity would not be extended to them.
Manipur Violence | Issue Aadhaar Cards To Displaced Persons After UIDAI Verification: Supreme Court
Case Title: Dinganglung Gangmei v. Mutum Churamani Meetei
Citation: Diary No. 19206-2023
Continuing its ongoing monitoring of the issues arisen out of Manipur violence, a bench comprising Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, passed additional directions today to ensure the welfare of affected individuals and the restoration of stability in the region. At the same time, the bench also clarified that it did not intend to run the Manipur administration at the Supreme Court and urged the counsels to give the government and the administration some time to work through the issues.
Supreme Court Judge, Justice Dipankar Datta while speaking at the International Lawyers’ Conference 2023, inter-alia, talked about access to equal opportunities. He also asserted that it is the responsibility of the legal fraternity to ensure that the legal profession remains inclusive and sustainable for all.
He stated: “It is astounding how the spectrum of opportunities and their accompanying problems vary from court to court and city to city. The Indian legal professional is not alone in this dilemma, I am all but certain that these issues do not exist in isolation for India but form a part of a larger social reality, affecting the world in their respective ways. Exclusion, within the legal profession, exists in spheres of gender, caste, ethnicity, sexual orientation, financial capabilities, disabilities and several other intersecting ones.
Case Details: Tushar Gandhi v. State of Uttar Pradesh
Citation: Writ Petition (Criminal) No. 406 of 2023
The Supreme Court on Monday expressed dissatisfaction with the manner in which the Uttar Pradesh Police has dealt with Muzaffarnagar school student slapping case, in which a primary school teacher punished a Muslim boy by asking other students to slap him.
Raising questions at the delay in the registration of the FIR and the omission of allegations regarding communal hatred from it, the bench directed that the case be investigated by a senior IPS-ranked police officer.
The Supreme Court on Monday (September 25) dismissed a petition challenging the decision of the Union Government to reduce the cut-off for post-graduate medical college admissions through NEET-PG 2023 exam as zero percentile.
Case: Prince Singh v. Faculty of Law, the University of Delhi and others
Citation: SLP(C) No. 21411/2023
The Supreme Court on Monday(September 25) refused to interfere with the interim order passed by the Delhi High Court allowing the University of Delhi to admit students in the 5 year LL.B course of its Faculty of Law on the basis of the Common Law Admission Test (CLAT).
Noting that the classes have already commenced, a bench led by Chief Justice of India DY Chandrachud dismissed the special leave petition filed by a student, who demanded that the admission should be on the basis of the Common University Entrance Test (CUET) held by the University for other courses. CLAT is conducted by the Consortium of National Law Universities.
Case Title: Satyendar Kumar Jain v. Directorate of Enforcement
Citation: Special Leave Petition (Criminal) No. 6561 of 2023
The Supreme Court on Monday adjourned until October 9 the hearing of the bail plea of Aam Aadmi Party leader and former Delhi government cabinet minister Satyendar Jain in a money laundering case. Jain was arrested by the Enforcement Directorate in May 2022 and was granted interim bail due to medical reasons earlier this year.
The court today clarified that this interim relief will continue until the next date of the hearing. Also addressing the concern of the State that the AAP leader has allegedly been using delay tactics to push back his trial, the apex court directed him to 'diligently' participate in the ongoing proceedings before the trial court
Case Title: Dinganglung Gangmei v. Mutum Churamani Meetei And Ors. Diary No. 19206-2023
Citation: 2023 LiveLaw (SC) 837
The Supreme Court on Monday directed the Bar Associations in Manipur to not prevent any lawyer, regardless of their community, to appear before the courts. The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra clarified that the direction was not passed on any complaint but merely to caution all lawyers to ensure that access to justice is not prevented. The bench further added that any violation of the direction would amount to contempt of the court's order.
While granting anticipatory bail to a man who was accused of selling Gutkha, the Supreme Court imposed a condition that he will not deal with Gutkha.
"It is deemed appropriate to impose the condition – 'I, ....do undertake to not deal with Gutkha, that is, Pan Masala with Tobacco'. In case, the appellant - Abhijeet Jitendra Lolage violates the terms and conditions of bail, including the undertaking imposed, it would be open to the prosecution to seek cancellation of bail. It is clarified that the observations recorded in the signed order will not be treated as findings on the merits of the case," ordered a bench comprising Justices Sanjiv Khanna and SVN Bhatti.
'Come Tomorrow': Supreme Court Refuses To Take Up Chandrababu Naidu's Plea To Quash FIR Today
'The Supreme Court on Monday refused urgent mentioning of the petition filed by former Andhra Pradesh Chief Minister Chandrababu Naidu seeking to quash the FIR registered by the Andra Pradesh Crime Investigation Department (CID) in connection with the skill development scam case and also challenging his remand in the case.
Case Title: M. Sivasankar v. UoI And Anr
Citation: SLP(Crl) No. 5590/2023
The Supreme Court on Monday extended the interim bail granted to M Sivasankar, Former Principal Secretary to the Chief Minister of Kerala in the LIFE Mission corruption case by two months.
Previously, Sivasankar had been granted interim bail for 2 months on medical grounds on 2nd August. He had approached the Top Court seeking bail in a money laundering case in connection with the LIFE Mission corruption case on grounds of ill-health. LIFE (Livelihood, Inclusion and Financial Empowerment) Mission project is a housing project initiated by the Kerala Government for the homeless.
Case Status: AALMA v. Delhi High Court
Citation: Special Leave to Appeal (C) No(s). 22134/2022
Recently, the Supreme Court had issued notice in an appeal challenging the Delhi High Court’s Order, wherein the Court had refused to interfere with the criteria for fixing the minimum qualifying marks in viva voce for the post of Junior Judicial Assistant/Restorer (Group-C).
Case title: Rajesh v State of MP
Citation: Criminal Appeal No(s). 793-794 of 2022
The Supreme Court ruled that 'panchnamas' (documents recording the proceedings of searches and seizures) would be deemed inadmissible in a court of law if they were prepared in a manner violative of Section 162 CrPC. Specifically, the Court raised alarm over the role played by witnesses in these proceedings and their failure to adequately disclose how objects were discovered during searches.
The court observed “Witnesses to the panchnamas and the seizures acted as mere attestors to the documents and did not disclose in their own words as to how these objects were discovered, i.e., at whose instance and how. Ergo, no lawful validity attaches to these proceedings recorded by the police in the context of collection of all this evidence.”
On a seemingly ordinary morning on September 22 (Friday), the Supreme Court of India had a surprise in store for all those tuned into its virtual proceedings. A small window popped up on the screen, displaying a man intently interpreting court proceedings in sign language. The presence of the Indian Sign Language (ISL) interpreter, Saurav Roychowdhury, was arranged by Advocate on Record Sanchita Ain, who had a sole mission in mind - to ensure that her deaf junior, Advocate Sarah Sunny, could actively participate in the court's deliberations.
Advocate Sarah Sunny, India's first practicing deaf advocate, spoke to Live Law about her unique experience of having an ISL interpreter translate the proceedings for her. Sarah didn't hold back her praise, especially for Chief Justice of India DY Chandrachud, who has been a vocal advocate for equal access to justice for persons with disabilities
