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Supreme Court Weekly Digest (29th January 2023 - 5th February 2023)
Padmakshi Sharma
6 Feb 2023 9:11 AM IST
Judgements/OrdersOrder XLI Rule 5 CPC - Mere Filing Of Appeal Would Not Operate As A Stay Of Decree : Supreme CourtCase Title: Sanjiv Kumar Singh vs State Of Bihar | Special Leave to Appeal (C) No(s). 19038/2022 | 24 January 2023 Citation: 2023 LiveLaw (SC) 63Coram: Justices A S Bopanna and Hima KohliThe Supreme Court observed that mere filing of the appeal would not operate as a stay under...
Judgements/Orders
Order XLI Rule 5 CPC - Mere Filing Of Appeal Would Not Operate As A Stay Of Decree : Supreme Court
Case Title: Sanjiv Kumar Singh vs State Of Bihar | Special Leave to Appeal (C) No(s). 19038/2022 | 24 January 2023
Citation: 2023 LiveLaw (SC) 63
Coram: Justices A S Bopanna and Hima Kohli
The Supreme Court observed that mere filing of the appeal would not operate as a stay under Order XLI Rule 5 of Code of Civil Procedure. In this case, the petitioner had approached the Patna High Court seeking a direction to the District Magistrate to grant ‘No Objection Certificate’ (NOC) for starting MS/HSD retail outlet dealership over land. The High Court dismissed the petition on the ground that as against the decree passed in favour of the petitioner, an appeal has been filed before the High Court and the same is yet to come up for hearing. Against this judgment, the petitioner approached the Apex Court.
Supreme Court Disapproves Allahabad HC Dismissing Several Bail Applications On Same Day For Default
Case Title: Rahul Sharma vs State Of Uttar Pradesh
Citation: 2023 LiveLaw (SC) 64
Coram: Justices Ajay Rastogi and Bela M. Trivedi
The Supreme Court disapproved the dismissal of about 50 bail applications for default/non-prosecution in a single day by Allahabad High Court. The bench of Justice Ajay Rastogi and Bela M. Trivedi was disposing a plea challenging the High Court's order which dismissed a anticipatory bail application for non-prosecution.
Case Title: Elumalai @Venkatesan And Anr. v. M. Kamala And Ors. And Etc. | CA 521-522 OF 2023 | 25 January 2023
Citation: 2023 LiveLaw (SC) 65
Coram: Justice K.M. Joseph and Hrishikesh RoyThe Supreme Court held that the effect of estoppel from laying a claim on property cannot be warded off by persons claiming through the person whose conduct has generated the estoppel. A Bench comprising Justices K.M. Joseph and Hrishikesh Roy observed that when a son relinquishes their right to the self-acquired property of the father; and the conduct is accompanied by receipt of a consideration the principle of estoppel will apply qua the son and his successors.
Case Title: Naim Ahamed vs State (NCT of Delhi) | CrA 257 OF 2023 | 30 Jan 2023
Citation: 2023 LiveLaw (SC) 66
Coram: Justices Ajay Rastogi and Bela M. Trivedi
The Supreme Court has disapproved of the practice of trial judges recording the deposition of a witness only in the English language form as translated by the judge, when the witness testifies in a different language. The evidence of the witness has to be recorded in the language of the court or in the language of the witness as may be practicable and then get it translated in the language of the court for forming part of the record.
Case Title: Naim Ahamed vs State (NCT of Delhi) | CrA 257 OF 2023 | 30 Jan 2023
Citation: 2023 LiveLaw (SC) 66
Coram: Justices Ajay Rastogi and Bela M. Trivedi
The Supreme Court observed that it would be a folly to treat every breach of promise to marry as a false promise and to prosecute a person for the offence of rape under Section 376 IPC.
Case Title: Usha Chakraborty & Anr. Versus State of West Bengal & Anr. SLP (Crl.) 5866 of 2022
Citation : 2023 LiveLaw (SC) 67
Coram: Justices Ajay Rastogi and CT Ravikumar
The Supreme Court has held that criminal proceedings can be quashed in exercise of powers under Section 482 CrPC when it is found that the attempt was to give a "cloak of criminal offence" to a dispute which is essentially of civil nature. The Court quashed the criminal proceedings after noting that the application filed under Section 156(3), Cr.P.C did not satisfy the essential ingredients to attract the alleged offences and that they were vague. Also, the existence of a pending civil dispute on the causative incident was not disclosed in the application.
Case Title : KL Suneja and others vs Dr(Mrs) Manjeet Kaur Monga (Died) through legal representatives
Citation : 2023 LiveLaw (SC) 68
Coram: Justices MR Shah and S Ravindra Bhat.
The Supreme Court has issued an important direction that all courts and judicial forums should frame guidelines to ensure that amounts deposited with the office or registry of the Courts or Tribunals are mandatorily deposited in a bank or financial institution. This direction is issued to ensure that litigants do not face any future loss of interest on the amount deposited before Courts.
Case Title: Ajay Dabra vs Pyare Ram | SLP (C) No.15793 OF 2019 | 31 Jan 2023
Citation: 2023 LiveLaw (SC) 69
Coram: Justices P S Narasimha and Sudhanshu Dhulia
The Supreme Court observed that being short of sufficient funds to pay court fee is not a reason to condone delay in filing appeal. In such a scenario, an appeal can be filed in terms of Section 149 CPC and thereafter the defects can be removed by paying deficit court fees.
Case Title: Ajay Dabra vs Pyare Ram | SLP (C) No.15793 OF 2019 | 31 Jan 2023
Citation: 2023 LiveLaw (SC) 69
Coram: Justices P S Narasimha and Sudhanshu Dhulia
Land in Himachal Pradesh cannot be transferred to a nonagriculturist, and this is with a purpose, the Supreme Court observed in a judgment delivered. The bench of Justices P S Narasimha and Sudhanshu Dhulia noted that the purpose is to save the small agricultural holding of poor persons and also to check the rampant conversion of agricultural land for non-agricultural purposes.
Case Title: Godrej Sara Lee Ltd. vs Excise and Taxation Officer Cum Assessing Authority | CA 5393 OF 2010 | 1 Feb 2023
Citation: 2023 LiveLaw (SC) 70
Coram: Justices S Ravindra Bhat and Dipankar Datta
The Supreme Court observed that it is not proper to dismiss a writ petition on the ground of alternative remedy without examining whether an exceptional case has been made out for such entertainment. "Where the controversy is a purely legal one and it does not involve disputed questions of fact but only questions of law, then it should be decided by the high court instead of dismissing the writ petition on the ground of an alternative remedy being available", the bench of Justices S. Ravindra Bhat and Dipankar Datta observed.
Case Title: In Re Policy Strategy for Grant of Bail SMW (Crl.) No. 4/2021
Citation : 2023 LiveLaw (SC) 76
Coram: Justices Sanjay Kishan Kaul and Abhay S. Oka
The Supreme Court has issued guidelines on the issue of undertrial prisoners who continue to be in custody despite having been granted the benefit of bail on account of their inability to fulfill the conditions stipulated in the bail order or otherwise.
Case Title: In Re Policy Strategy for Grant of Bail SMW (Crl.) No. 4/2021
Citation : 2023 LiveLaw (SC) 76
Coram: Justices Sanjay Kishan Kaul and Abhay S Oka
The Supreme Court, while hearing the issue of undertrial prisoners who continue to be in custody despite having been granted the benefit of bail, has said that the country's prisons are overburdened by 5000 people every month merely because of their inability to furnish a bail bond.
Case Title: Rangappa Javoor vs State Of Karnataka | SLP(Crl) Diary 33313/2019 | 30 Jan 2023
Citation: 2023 LiveLaw (SC) 74
Coram: Justices Sanjiv Khanna and M M Sundresh
The Supreme Court observed that criminal proceedings inter-se parties in cases of offences relating to matrimonial disputes can be quashed if the Court is satisfied that the parties have genuinely settled the disputes amicably.
Case Title: BV Seshaiah vs State of Telangana & B Vamsi Krishna vs State of Telangana
Citation : 2023 LiveLaw (SC) 75
Coram: Justices Krishna Murari and V Ramasubramanian
The Supreme Court set aside an order of the Telangana High Court which confirmed the conviction in a cheque dishonour case overriding the agreement between the parties to compound the offence. The bench held that when parties to a litigation proceeding have entered into an agreement to compound a compoundable offence, High Courts cannot override such compounding and impose their will on the parties.
Case Title: K.T.V. Health Food Private Limited v. Union of India And Ors. | Civil Appeal No. 3626 of 2020 | 1 Feb 2023
Citation: 2023 LiveLaw (SC)
Coram: Justice K.M. Joseph, Justice B.V. Nagarathna and Justice J.B. Pardiwala
The Supreme Court noted that the word ‘within’ used for CRZ-I and ‘in’ used for CRZ-II in the CRZ Notification of 2011 cannot be interpreted to include what is outside the port areas. It is pertinent to note that in CRZ-I, the “storage of edible oil inter alia is permitted within the notified ports” and in CRZ-II, the storage of non-hazardous cargo such as edible oil, fertilizers and foodgrain is permitted ‘in notified ports’.
Case Title: Anushka Rengunthwar And Ors. v. Union of India And Ors. WP(C) No.891/2021
Citation : 2023 LiveLaw (SC) 73
The Supreme Court held that the notification issued by the Central Government in 2021 - which took away the rights of Overseas Citizens of India (OCI) category students to apply for general seats and confined their right only to Non-Resident Indians (NRI) category seats- will apply only prospectively from the date of the notification, which is March 4, 2021.
Transfer Of Property Act - Encroacher Cannot Claim Benefit Of Section 51 : Supreme Court
Case Title: Baini Prasad (D) vs Durga Devi | CA 6182-6183 of 2009 | 2 Feb 2023
Citation: 2023 LiveLaw (SC) 78
Coram: Justices C T Ravikumar
The Supreme Court observed that an encroacher cannot be termed as a 'transferee' to seek benefit of Section 51 of the Transfer of Property Act.
Case Title: Common Cause v. Union of India | Miscellaneous Application No. 1699 of 2019 in Writ Petition (Civil) No. 215 of 2005
Citation : 2023 LiveLaw (SC) 79
Coram: Justices K.M. Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy, and C.T. Ravikumar
The Supreme Court has modified the slew of directions relating to advance medical directives, or living wills issued in a 2018 judgement that had recognised the right to die with dignity as an inextricable facet of the right to live with dignity under Article 21 of the Constitution, and had, accordingly, upheld the legal validity of passive euthanasia.
Case Title: M.C. Mehta v. UoI And Ors. WP(C) No. 13381/1984 PIL
Citation : 2023 LiveLaw (SC) 82
Coram: Justices Sanjay Kishan Kaul, Abhay S. Oka and JB Pardiwala
The Supreme Court has removed the restriction imposed on increasing air traffic in the Agra area. In December 2019, while granting permission to the Airport Authority of India to construct an additional terminal at the Agra airport, the Supreme Court had imposed a restriction that the air traffic should not be increased. The restriction was imposed to preserve the Taj Mahal monument.
Case Title: Maharashtra State Financial Corporation Ex-Employees Association & Ors. v. State of Maharashtra Civil Appeal No(s) 778 OF 2023
Citation: 2023 LiveLaw (SC) 81
Coram: Justices Aniruddha Bose and S. Ravindra Bhat
The Supreme Court has held that employees who retired under the Voluntary Retirement Scheme (VRS) cannot claim parity with others who retired upon achieving the age of superannuation for the purposes of pay revision.
Tax Authorities Should Maintain Discipline To Follow Decisions Of Higher Authorities : Supreme Court
Case Title: M/s. Godrej Sara Lee Ltd. v. The Excise And Taxation Officer Cum Assessing Authority And Ors. | Civil Appeal No. 5393 of 2010| 1 Feb 2023
Citation: 2023 LiveLaw (SC)
Coram: Justice S. Ravindra Bhat and Justice Dipankar Datta
The Supreme Court, recently, observed that in order to avoid utter chaos in administration of tax laws, decisions made by higher authorities ought to be adhered to. It noted that if the decisions of higher authorities are not followed, the same would also lead to undue harassment of assessees.
Case Title: Anushka Rengunthwar And Ors. v. Union of India And Ors. WP(C) No.891/2021]
Citation : 2023 LiveLaw (SC) 73
Coram: Justice A.S. Bopanna and Justice C.T. Ravikumar
The Supreme Court, on Friday, upheld the notification issued by the Central Government in 2021 - which took away the rights of Overseas Citizens of India (OCI) category students to apply for general seats and confined their right only to Non-Resident Indians (NRI) category seats, but with prospective effect.
News Reports
Without independent and fearless judges the judiciary would fall and India would enter a new dark age, retired Justice Rohinton Nariman said at a lecture in Mumbai. "If you don't have independent and fearless judges, say good bye. There is nothing left. As a matter of fact, according to me, if finally, this bastion falls, or were to fall, we will enter the abyss of a new dark age," Retired Justice Rohinton Nariman said.
The Supreme Court directed that a copy of the public interest litigation seeking to declare that citizens have a fundamental right to directly petition the Parliament and invite deliberation on important issues of public interest, be served to the Centre.
Advocate, Mr. Ashwini Kumar Upadhyay has filed an application before the Supreme Court seeking recall of its order which directed change in the title of the case pertaining to religious conversion.
‘More Diversity In Judiciary Will Ensure More Neutrality’: Advocate Shahrukh Alam
Weighing in on the issue of diversity in the Indian judiciary, Supreme Court lawyer-cum-activist Shahrukh Alam said that by bringing in more people from the margins of society to occupy seats of power in the courts, the elements of subjective assessment that inform the process of adjudication would be more neutral.
Religion Important Only When It Is Relevant Under Law, Otherwise India Secular Nation: Supreme Court
The Supreme Court said that religion is important in our country only when its relevant under the law, otherwise for all purposes India is a secular country.
There Are 2967 Tigers Spread In 53 Tiger Reserves As Per 2018 Census: Centre Tells Supreme Court
The Centre informed the Supreme Court that there are 2967 tigers spread in 53 tiger reserves overall in the country as per a 2018 census. This number even constitutes 70% of the world tiger population and figures continue to grow, a Bench of Justices KM Joseph and BV Nagarathna was told. The Court was hearing a plea aiming to relocate human settlements from reserve forests to save the tiger population in the country.
While delivering the guest lecture at 2nd BR Ambedkar Memorial Lecture 2023 organised by Hidayatullah National Law University, Justice Deepak Gupta, former Judge of the Supreme Court said that the government wants to pack the courts with men and women who will toe their line and those who will not be critical of them and will uphold every action of them.
The Supreme Court deliberated upon the interpretation of Section 16 of the NGT Act insofar as the period of limitation in filing an appeal was concerned. The question that arose before the bench comprising Chief Justice DY Chandrachud and Justice Dipankar Datta was that if the last date of limitation for filing an appeal in NGT was a public holiday, what would happen.
In a strange case where the order uploaded in the website of the Madras High Court was found to be different from the order which was initially pronounced, the Supreme Court has asked the High Court to take necessary corrective measures.
The Supreme Court on January 27 issued notice to the Election Commission of India in a review petition filed by Bharatiya Janata Party (BJP) General Secretary, BL Santhosh, against the order imposing a penalty on the party for not publishing criminal antecedents of candidates fielded for the 2020 Bihar assembly elections.
The Supreme Court has asked the Tamil Nadu Generation and Distribution Corporation to inform it how an engineer with colour blindness could be accommodated in his post having regard to the nature of his qualification. The State Corporation has been asked to file an affidavit in this regard.
The Supreme Court allowed the All India Council of Mayors to file an intervention application seeking to continue in their offices till their successors are elected, in the matter pertaining to Uttar Pradesh Urban Local Body Polls. The matter was listed before a bench comprising Chief Justice DY Chandrachud and Justice Dipankar Datta.
The Supreme Court agreed to hear on February 6 plea challenging the challenging the decision of the Central Government to block the BBC's documentary “India: The Modi Question”. One petition has been filed by serial litigant Advocate ML Sharma. Another petition has been filed by journalist N. Ram, Advocate Prashant Bhushan and some others.
The Delhi Police informed the Supreme Court on Monday that the final report in the hate speech case over the Hindu Yuva Vahini event organised under the leadership of Sudarshan News TV editor Suresh Chavhanke in Delhi in December 2021 is "almost ready".
Supreme Court judge Justice Surya Kant recused himself from hearing an appeal filed by the Punjab government against the order of the High Court granting regular bail to Shiromani Akali Dal leader Bikram Singh Majithia in connection with a drugs case.
Lakshadweep UT Moves Supreme Court Challenging HC Suspending Conviction Of Mohammed Faizal MP
The Union Territory of Lakshadweep has filed a petition in the Supreme Court challenging the order of the Kerala High Court which suspended the conviction and sentence of Member of Parliament Mohammed Faizal in an attempt to murder case.
Terming the Centre's decision to block public access to BBC's documentary "India : The Modi Question" as "manifestly arbitrary" and "unconstitutional", veteran journalist and former editor of The Hindu N Ram, Advocate and civil rights activist Prashant Bhushan and Trinamool Congress MP Mahua Moitra have jointly filed a petition in the Supreme Court.
Jamiat Ulama-i-Hind has filed a transfer petition in the Supreme Court seeking to transfer to it 21 cases pending in 6 High Courts challenging the laws relating to religious conversions enacted by various states. Senior Advocate Kapil Sibal mentioned the petition before Chief Justice of India DY Chandrachud.
The Supreme Court refused to interfere with the order of the National Company Law Appellate Tribunal which directed the Jalan Fritsch consortium, the successful resolution applicant for Jet Airways Ltd, to clear the gratuity and provident fund dues of the employees.
The Supreme Court questioned the Centre's application to recall the direction passed in September 2021 which prevented the extension of the tenure of the Director of Enforcement Directorate Sanjay Kumar Mishra beyond November 16, 2021.
Centre Objects To Teesta Setalvad's NGO CJP Filing Petition Challenging Anti-Conversion Laws
In yet another development in the challenge to anti-conversion laws in different states, the central government has filed an affidavit in the Supreme Court of India objecting to the locus of social activist Teesta Setalvad's NGO 'Citizens for Justice and Peace' (CJP).
Matrimony Based On Mutual Love And Affection; Not On Terms And Conditions: Supreme Court
“Matrimony is based on mutual love and affection and not on terms and conditions”, the Supreme Court of India orally observed.
The Indian Union Muslim League (IUML) has filed its counter affidavit in a plea seeking ban on political parties which use names and symbols with religious connotations. IUML has given a six point response to the petition and has prayed that the petition should be dismissed in limine.
Supreme Court Issues Notice On Bail Applications Of Godhra Train Burning Case Convicts
The Supreme Court issued notice on the bail application of convicts in the 2002 Godhra train burning case. The matter was listed before a bench comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala. The bench had earlier asked the State of Gujarat to specify the individual roles of the convicts, based on which their applications for bail were to be considered.
Supreme Court Refuses To Entertain Plea Seeking Compulsory Labelling On Fortified Rice Sacks
The Supreme Court, on Monday, refused to entertain plea seeking compliance of Clause 7(4) of the Food Safety and Standards (Fortification of Foods) Regulations, 2018 to carry out mandated labelling on fortified rice sacks for the benefit of those (including sickle cell disease and thalassemia patients) who are contraindicated to consume the same.
The Supreme Court directed the State of Tamil Nadu to file a report before the court within four weeks time pointing out the status of appointment of trustee committees for the temples in the state as per the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. The bench of Justices AS Bopanna and Hima Kohli passed the above order while hearing a Special Leave Petition seeking appointment of Arangavalar Committee (Trustee Committee) headed by a Retired Judge in all Hindu Temples.
Supreme Court Asks Meghalaya HC To Defer Hearing Of Petition Challenging Assam-Meghalaya Border Pact
Supreme Court bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala directed the Meghalaya High Court to defer the hearing of the writ petition concerning the execution of the Assam–Meghalaya border pact till the matter remained pending in the Supreme Court.
In a plea challenging the order of the Madras High Court, that refused to quash the Government Order of 2014, which made Tamil paper compulsory in Class 10 State Board exam for all students, the Supreme Court, on Monday, granted opportunity to the Sr. Counsel representing the State of Tamil Nadu to get instructions with respect to extension of exemption that was initially made available for the academic year 2020-2022.
'Serious Matter': Supreme Court To Hear Rajkot COVID Hospital Fire Case In Second Week Of March
The Supreme Court adjourned the hearing of the suo moto case regarding the fire in Rajkot, Gujarat on 26.11.2020 which had resulted in the death of Covid patients in Hospital to the second week of March. The matter was listed before a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala.
The Supreme Court granted four weeks-time to the Ministry of Law and Justice to file its counter affidavit in a plea which seeks the introduction of a technology to allow visually impaired voters to verify their votes.
The Central Government has filed a petition seeking review of the Supreme Court judgement which had declared that Section 3(2) of the Benami Transactions (Prohibition) Act 1988 as unconstitutional on the ground of being manifestly arbitrary.
A professor of Indore’s Government New Law College has approached the Supreme Court seeking protection after the Madhya Pradesh High Court rejected his anticipatory bail plea in a case over an alleged "anti-national" and "Hinduphobic" book found in the college library.
Asaduddin Owaisi led AIMIM (All India Majlis-e-Ittehadul Muslimeen) has filed a counter affidavit before the Supreme Court opposing a PIL for cancelling the symbol and name allotted to political parties which are using religion in their name or carrying religious connotations in their symbol.
The Supreme Court reserved judgment on a writ petition filed by journalist and author Rana Ayyub challenging the order passed by a special court in Ghaziabad taking cognisance of the prosecution complaint filed by the Enforcement Directorate alleging money laundering in the crowdfunding campaigns run by her for charity work.
The Supreme Court of India bifurcated the batch of petitions concerning the Electoral Bonds scheme into three sets and decided to hear them separately. The matter was listed before a bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha.
The Supreme Court directed the Union of India and all state governments to inform whether the 28.55 crores migrants/unorganised workers registered on the E-Shram portal are having the ration cards and whether all of them are given the benefit of food under the National Food Security Act.
The Supreme Court suggested to Nirav Modi’s brother-in-law Mainak Mehta to provide the Central Bureau of Investigation (CBI) with a "Letter of Authority" for bank accounts which are being probed by the CBI in relation to the Punjab National Bank (PNB) fraud case. The matter was listed before a bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha.
The Supreme Court observed that the petitioner, who has filed a PIL seeking to ban political parties with religious names and symbols, must not be selective in his approach.
A Constitution Bench of the Supreme Court clarified that its 2018 judgment striking down Section 497 of the Indian Penal Code(which criminalised adultery) will not impact court martial proceedings initiated against personnel serving the armed forces for adulterous conduct.
The Supreme Court dismissed as withdrawn a petition challenging a circular issued by the Jammu and Kashmir government directing deputy commissioners to remove encroachments on State Land including Roshni Land and Kachharie Land by January 31.
Supreme Court Collegium has cleared the names of Allahabad High Court Chief Justice Rajesh Bindal and Gujarat High Court Chief Justice Aravind Kumar for elevation to the Supreme Court. Currently, the Supreme Court of India has a sanctioned strength of thirty four Judges and is presently functioning with twenty seven Judges. Thus, there are seven clear vacancies.
Legendary Lawyer & Former Law Minister Shanti Bhushan Passes Away
Acclaimed lawyer Shanti Bhushan, Senior Advocate, passed away at his home in Delhi at 7PM today. He was aged 97 years. He was the lawyer who represented Raj Narain in the legendary case in Allahabad High Court which resulted in unseating Indira Gandhi as the Prime Minister in 1974. He has taken up several causes of great public interest and was a vocal activist against corruption and a champion of civil liberties.
The Supreme Court Advocate-on-Record Association has filed an application in the Supreme Court urging it to direct the Committee for Designation of Senior Advocates to fast-track and complete the process of designating senior advocates pursuant to applications received in February 2022.
The Supreme Court Collegium, comprising Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul and Justice KM Joseph, cleared the names of Allahabad High Court Chief Justice Rajesh Bindal and Gujarat High Court Chief Justice Aravind Kumar for elevation to the Supreme Court.
Data Protection Bill To Be Introduced In Parliament In Budget Session : Centre Tells Supreme Court
A batch of petitions challenging the 2016 privacy policy of WhatsApp was mentioned before a Constitution Bench of the Supreme Court, on Tuesday. A 5-judge Bench comprising Justices KM Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar was informed that a Data Protection Bill, after administrative compliances, is to be introduced before the Parliament in the second half of the Budget Session, 2023.
The Supreme Court expressed displeasure at the Delhi Police for seeking adjournment in the Delhi riots conspiracy case on the ground of the unavailability of the Solicitor General of India. If the Solicitor General is unavailable, alternative arrangements should be made, the bench comprising Justices Sanjay Kishan Kaul and AS Oka told the counsel representing the Central Government.
The Supreme Court clarified that decriminalisation of adultery will not impact the power of armed forces to initiate disciplinary proceedings against its personnel for adulterous conduct. A Constitution Bench led by Justice KM Joseph clarified that the 2018 judgment in Joseph Shine vs Union of India, which struck down Section 497 of the Indian Penal Code, did not impact the laws applicable to armed forces -Army Act, Navy Act and the Air Force Act.
The Supreme Court issued notice to the Ministry of External Affairs and Ministry of Home Affairs indicating it to explore possibilities of entering into mutual agreements with the USA as the number of custody matters, wherein one of the parents living in the USA is flouting the orders of the Apex Court to return the child to the other parent residing in India, is on the rise.
In a major budget announcement helping the salaried middle class, Union Finance Minister Nirmala Sitharaman announced the proposal to raise the income tax rebate level to Rs 7 lakhs per annum from Rs 5 lakhs per annum.
5 Major Announcements For Middle-Class: Budget 2023-24
On February 1, the Union Budget for 2023-24 was presented in the Lok Sabha by Finance Minister Nirmala Sitharaman.
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Supreme Court judge Dipankar Datta recused himself from hearing an appeal against Karnataka High Court’s decisionto deny bail to two terror accused with Islamic State links. Both applicants were arrested by the National Investigation Agency for allegedly entering into a criminal conspiracy to radicalise and recruit impressionable young Muslims to join the proscribed militant organisation. A bench of Justices Ravindra Bhat and Dipankar Datta were slated to hear the appeal, but Justice Datta decided to recuse himself.
A Constitution Bench of the Supreme Court directed WhatsApp to widely publicise its stand that WhatsApp users in India do not have to accept its 2021 privacy policy in order to use it, and WhatsApp’s functionality would remain unaffected till the Data Protection Bill comes into existence.
Bail Pendency Is An Emergency Situation Needing Urgent Attention : Justice PS Narasimha
Justice. P.S. Narasimha of the Supreme Court of India said the average quality of legal representation, both legal aid and private, needs to be upgraded. He spoke on the urgency of improving the quality of and collaboration between institutions of the criminal justice system to ensure protection of the rights of individuals impacted by the system. He also noted that ‘the current state of bail pendency is an emergency situation that needs urgent attention.’
The Supreme Court bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala resumed hearings in the PIL seeking court's intervention in relation to the issue of a large number of unnatural death of wild elephants due to electrocution from power lines passing through the protected areas and elephant reserves. The bench asked the Ministry of Environment Forest and Climate Change to respond to the recommendation made in the Gajah Report of converting "Project Elephant" into a statutory agency.
Supreme Court Judge Justice Sanjay Kishan Kaul orally observed that the Tribunals in the country should have experts in the respective fields as members.
A PIL has been filed before the Supreme Court seeking imposition of complete ban on the British Broadcasting Corporation and BBC India from operating in the territory of India. The petition, filed through Advocate, Barun Kumar Sinha, also seeks directions to the NIA to initiate investigation against the ‘anti-India and anti-Indian Government reporting/documentary films/short films including its employee journalist in India’.
WhatsApp infomed the Supreme Court that by policy it does not process sensitive personal data of its users. A Constitution Bench bench comprising Justices KM Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar was hearing the petitions which were filed challenging the 2016 privacy policy of WhatsApp. The case was referred to the Constitution Bench in 2017.
The Supreme Court commenced hearing on whether in an assessment under section 153A of the Income Tax Act, besides the incriminating material found during search, such materials which the Assessing Officer has on hand and the third party records available can be relied on to assess total income, or whether the assessment has to confined only to the incriminating material seized during the search. The Court also discussed the issue whether there is no incriminating material seized during the search, then those assessments be reopened and reassessed under Section 153A.
All Courts Should Have Hybrid System For Hearing Cases, Opines Supreme Court
The Supreme Court on Wednesday verbally expressed that all courts in the country need to have in place, a hybrid system for hearing cases. Before a bench of Justices SK Kaul and Abhay Shreeniwas Oka, Senior Advocate P Wilson said that regional benches of the Supreme Court are necessary for the benefit of litigants.
The Supreme Court dismissed a PIL challenging the constitutionality of Section 33(7) of the Representation of Peoples Act 1951, which allows a candidate to contest from two seats in elections. Observing that it is a matter of legislative policy, the bench comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala dismissed the PIL filed by Ashwini Upadhyay. The provision was challenged as unreasonable and arbitrary for creating extra burden on the public exchequer as bye-elections will invariably follow because candidates have to give up one seat in case they win from both the seats.
The Supreme Court agreed to hear tomorrow an intervention application seeking to prohibit an alleged hate speech event organised by Hindu Jan Aakrosh Sabha in Mumbai. Alleging that ant-Muslim hate speech was made at the rally organised by the outfit on January 28 in Mumbai, the petitioner seeks to stop the next proposed event by it in the city.
Amid the controversy over judicial appointments escalating, the decision of the Supreme Court collegium to nominate Advocate Lekshmana Chandra Victoria Gowri for judgeship at the Madras High Court has come under the scanner, with a section of the bar criticising the recommendation as ‘disturbing’ and against the interests of the independence of the judiciary.
Rebate Rate Hike, Slab Changes Applicable Only In New Tax Regime: Know The Difference
In her Budget 2023-24 speech, Union Finance Minister Nirmala Sitharaman has announced that the increase in the income tax rebate limit from Rs. 5 Lakhs To Rs. 7 Lakhs in the new tax regime. For the middle class person, the proposal under the new income tax regime has been a huge relief. This would mean that an individual with an annual income of up to Rs 7 lakh will not be required to pay income tax.
Supreme Court To Celebrate Its Foundation Day For The First Time
The Supreme Court of India is set to celebrate its Foundation Day for the first time on February 4, 2023. The Chief Justice of Singapore, Justice Sundaresh Menon, has been invited as the Chief Guest for the event and will be delivering a lecture on 'Role of judiciary in a changing world'.
Law Minister Kiren Rijiju on Thursday disclosed that the government has suggested to the Supreme Court that the Search-cum-Evaluation Committee in respect of appointment of Judges in the Supreme Court and Chief Justices of High Courts should consist of a representative nominated by Government of India.
Supreme Court Pulls Up Odisha Government For Not Disbursing Funds To High Court Of Orissa
The Supreme Court heard the Malik Mazhar Sultan Vs. U.P. Public Service Commission case in which it has taken up the issues concerning the filling up of judicial vacancies in trial courts. In today's hearing, the bench pulled up the Orissa government for not disbursing requisite funds to the Orissa High Court for infrastructural development of district judiciary.
Govt Sent Back 18 SC Collegium Recommendations, 6 Have Been Reiterated: Law Minister Kiren Rijiju
The Union Law Minister Kiren Rijiju informed Rajya Sabha that a total of 18 proposals recommended by the Supreme Court Collegium (SCC) for appointment of judges has been sent back by the government to the collegium for reconsideration.
'Retire At 56? Unfair' : SC Judge Ajay Rastogi On Retirement Age In Kerala Govt Services
While hearing submissions in a service matter, Supreme Court Judge, Justice Ajay Rastogi was bemused to know that in some government services in the State of Kerala the age of retirement is 56 years.
In a plea filed by a 21-year old unmarried woman seeking permission to terminate a 29-week pregnancy, the Supreme Court of India, while noting that the petitioner in question had agreed to give birth to the child and place the child for adoption, asked AIIMS to take all necessary precautions in the interest of the safety and health of the mother and the fetus.
Right To Vote Is A Constitutional Right; Not Just A Statutory Right : CJI DY Chandrachud
While hearing a PIL challenging the constitutionality of Section 33(7) of the Representation of Peoples Act 1951, which allows a candidate to contest from two seats in elections, CJI DY Chandrachud expressed his reservations on the view that the Right to Vote was a statutory right.
Chief Justice of Singapore Sundaresh Menon Watches Proceedings Of Chief Justice Chandrachud's Court
Chief Justice of Singapore, Justice Sundaresh Menon watched the proceedings of Court I of the Indian Supreme Court, which is led by Chief Justice DY Chandrachud.
The Supreme Court directed that its judgments, which laid down elaborate guidelines regarding arrest and bail, be made part of the curriculum of State Judicial Academies, where judicial officers are given training.
The Supreme Court issued notice on petitions challenging the Centre's decision to block the public access to BBC's documentary "India : The Modi Question"
Pending Recommendations To Appoint 5 SC Judges Will Be Cleared Soon : AG Tells Supreme Court
The Attorney General for India R Venkataramani informed the Supreme Court that the Central Government will very soon clear the recommendations forwarded by the Supreme Court collegium in December 2022 to elevate five High Court judges to the Supreme Court.
The Supreme Court recorded the undertaking made by the State of Maharashtra that if permission is granted for Sakal Hindu Samaj for holding its proposed meeting at Mumbai on February 5, it will be subject to the condition that "nobody will make any hate speech and act in defiance of law or disturb the public order".
The Supreme Court issued notice and sought the response of the state of Madhya Pradesh with respect to the anticipatory bail plea of Dr. Mirza Moziz Beg, an assistant professor at Indore’s Government Law College, which has been embroiled in controversy over the presence, in its library, of an allegedly ‘Hinduphobic’ and ‘anti-national’ book titled Collective Violence and Criminal Justice System by Dr. Farhat Khan.
The Supreme Court considered a batch of petitions in relation to religious conversions. Some cases in the batch seek action against religious conversions by force or allurement and other cases challenge the validity of anti-conversion laws passed by various States. The matter was listed before a bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha.
Supreme Court Refuses To Entertain Plea Seeking To Declare Ayodhya Ram Mandir Land As 'Buddha Vihar'
Supreme Court bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha refused to entertain a petition seeking to declare the land in Ayodhya where Ram Mandir is being built, as 'Ayodhya Buddha Vihar'.
In the wake of the Adani group shares taking a beating in the stock market following the publication of a report by US-based short-selling firm Hindenburg Research, a PIL has been filed in the Supreme Court.
The Supreme Court reserved its judgment on whether in an assessment under section 153A of the Income Tax Act, besides the incriminating material found during search, such materials which the Assessing Officer has on hand and the third party records available can be relied on to assess total income, or whether the assessment has to confined only to the incriminating material seized during the search.
The Supreme Court stated in no unclear terms, that it would be constrained to take ‘unpalatable’ judicial as well as administrative actions if there is any further delay on the part of the Union Government in considering the recommendations made by the Supreme Court Collegium for transfer of judges.
Supreme Court Refuses To Entertain Plea Against Govt Managing Temple Properties
The Supreme Court refused to entertain a petition, inter alia, seeking uniformity in endowment laws, as it found that the prayers and averments in the plea were not appropriate to grant relief. The petitioner had raised an objection that "States are running temples".
The Supreme Court allowed the 3 expelled members of the AIADMK - including former Tamil Nadu Chief Minister O Paneerselvam (OPS)- to participate in the party's General Council Meet to select the candidate for the Erode East by-poll for the upcoming bye-elections.
Centre vs Collegium : Supreme Court Says 'Attacks' On Judiciary Doesn't Bother It Beyond A Stage
The Supreme Court remarked that the incessant attacks on judiciary by the other authorities, especially with respect to the process of appointment of judges, ‘does not bother it beyond a certain stage’.
Secular State Has To Prevent Hate Speech At Any Cost : Supreme Court
Emphasizing that India is a “secular state” and hate-speech cannot be allowed, the Supreme Court on Friday directed that the meeting proposed by 'Sakal Hindu Samaj' in Mumbai on February 5 should be videographed by the police and that the contents should be reported to the Court.
Amid increasing concerns about the perennial problem of pendency afflicting the Indian judicial architecture, the Supreme Court was informed that despite its many efforts to populate the ranks in the subordinate judiciary in a prompt and timely manner, there exists a large number of vacancies as well as a shortage of infrastructure.
Chief Justice of India Dr. Justice Dhananjaya Y. Chandrachud virtually inaugurated ‘Virtual High Courts’ in 10 different districts of Odisha. While speaking on the occasion, he said talent has no geographical boundaries and it is not the ‘monopoly’ of those who stay in metropolitan areas. He underlined the importance of facilities like 'Virtual High Courts' in ensuring decentralisation of opportunities for the members of bar across the State.
Can High Court dismiss a petition under Section 482 CrPC solely on the ground that a discharge application is pending? The Supreme Court issued notice in a Special Leave Petition which raised this issue.
Supreme Court Holds Special Saturday Sitting; Stays Demolition Order Passed By Calcutta High Court
A Supreme Court bench comprising Justice V. Ramasubramanian and Justice Hrishikesh Roy held a special sitting on Saturday to hear a petition challenging the interim order of Calcutta High Court to demolish a building. The petition filed through Advocate-on-Record, Mr. Kush Chaturvedi was heard through Video-Conferencing. The Judges appeared from their chambers. Senior Advocate Siddharth Dave appeared for the petitioners.
Centre Notifies Appointment Of 5 Judges To Supreme Court, Working Strength Rises To 32
Accepting the recommendations made by the Supreme Court collegium, the Centre today notified the appointment of 5 Judges to the Supreme Court.
As the Supreme Court of India prepares to complete a quarter of a year under the leadership of Chief Justice Chandrachud, the senior most judge of the top court revealed that 12,471 cases were disposed of in that duration, as against the 12,108 cases that were filed, indicating that the rate of disposal has been higher than the rate of the institution of cases in the last three months. This optimistic news was broken amid the Indian judiciary coming under increasing criticism for its acute backlog problem.
While delivering the 19th Justice P. D. Desai Memorial Lecture on the topic 'Fifty Years of Basic Structure - Judicial Overreach or Constitutional Necessity', Senior Advocate Arvind Datar on Saturday said that the basic structure does not act as a stumbling block or thwart an elected government's proposal for social reform.
Interim Victim Compensation Cannot Be Imposed As A Condition For Bail: Supreme Court
The Supreme Court observed that interim victim compensation cannot be imposed as a condition for bail.
'Meat Affordable Means of Protein For Poor': Supreme Court On Plea To Curb Killing Of Animals
The Supreme Court heard a plea which seeks the curb the killing of animals and to switch over to lab-generated meat for consumption.
In a separate petition filed before the Supreme Court of India, the Centre for Justice and Peace (CJP) has challenged five more religious conversion laws.
The Supreme Court has issued notice to all states in a petition concerning salaries of State Consumer Dispute Redressal Commission members. The matter was heard by a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala. The batch of pleas prays for the salary of State Consumer Dispute Redressal Commission members to be the same as District Judges.
CJI & Supreme Court Judges Visit Amrit Udyan Of Rashtrapati Bhavan On Invitation Of President
On a special invitation by President Droupadi Murmu, Chief Justice of India, Dr Justice D.Y. Chandrachud and judges of the Supreme Court visited the Amrit Udyan of Rashtrapati Bhavan.
