Supreme Court Weekly Digest December 2022 With Nominal And Subject/Statute Wise Index [December 5 – 11, 2022]

Code of Criminal Procedure 1973; Section 319 - Power has to be excercised before the conclusion of the trial, which means before the pronouncement of the judgment. (Para 33) Sukhpal Singh Khaira v. State of Punjab, 2022 LiveLaw (SC) 1009

Code of Criminal Procedure 1973; Section 319 - Supreme Court Constitution Bench issues elaborate guidelines on the exercise of powers to summon additional accused. (Para 33) Sukhpal Singh Khaira v. State of Punjab, 2022 LiveLaw (SC) 1009

Code of Criminal Procedure 1973; Section 319 - The power under Section 319 of Cr.P.C. is to be invoked and exercised before the pronouncement of the order of sentence where there is a judgment of conviction of the accused. In the case of acquittal, the power should be exercised before the order of acquittal is pronounced. Hence, the summoning order has to precede the conclusion of trial by imposition of sentence in the case of conviction. (Para 33) Sukhpal Singh Khaira v. State of Punjab, 2022 LiveLaw (SC) 1009

Code of Criminal Procedure 1973; Section 319 - The trial court has the power to summon additional accused when the trial is proceeded in respect of the absconding accused after securing his presence, subject to the evidence recorded in the split up (bifurcated) trial pointing to the involvement of the accused sought to be summoned. But the evidence recorded in the main concluded trial cannot be the basis of the summoning order if such power has not been exercised in the main trial till its conclusion. (Para 33) Sukhpal Singh Khaira v. State of Punjab, 2022 LiveLaw (SC) 1009

Code of Criminal Procedure, 1973; Section 438 - Anticipatory Bail - Bombay HC direction to give to give 72 hours' notice to an accused in the event the State intends to arrest him - Manifestly Incorrect - Such a direction could not have been issued. Vijaykumar Gopichand Ramchandani v. Amar Sadhuram Mulchandani, 2022 LiveLaw (SC) 1010

Hindu Succession Act, 1955; Section 2(2), 6 - Female member of the Scheduled Tribe is not entitled to any right of survivorship under the provisions of Hindu Succession Act - It is high time for the Central Government to look into the matter and if required, to amend the provisions of the Hindu Succession Act by which it is not made applicable to the members of the Scheduled Tribe - Female tribal is entitled to parity with male tribal in intestate succession. (Para 7-7.2) Kamla Neti v. Special Land Acquisition Officer, 2022 LiveLaw (SC) 1014

Judges Appointment - Collegium reiterations are binding - Supreme Court asks Centre to explain by reiterated names are sent back to the collegium- 10 names reiterated by the Supreme Court collegium sent back by the Central Government- SC asks Attorney General as to how under the Scheme of law prevalent, are reiterated names sent back - Refers to para 486, clause 5 of the second Judges case reported in 1993 (4) SCC 441 - sending back a second time reiterated names would be in breach of this direction. Advocates Association Bengaluru v. Barun Mitra, 2022 LiveLaw (SC) 1013

Judges Appointment - Delay in finalizing the appointments discouraging eminent lawyers from joining the bench-There has been reluctance on the part of the successful lawyers to accept the honour and what we have stated in our last order is out of the experience of not being able to persuade such eminent people to join the Bench with one factor largely weighing in with them apart from any other issue, i.e. the long prolonged process of appointment and putting their career on hold. Thus on one hand, they are making a monetary sacrifice to come on to the Bench in a larger cause of justice but in that process they do not want their life to be dragged into an uncertainty. This has also resulted in at times, persons withdrawing their consent who are recommended to be elevated. Advocates Association Bengaluru v. Barun Mitra, 2022 LiveLaw (SC) 1013

Judges Appointment - Memorandum of Procedure is final - The final view of the collegium was expressed in the MoP which was received by the Govt. on 13.03.2017- The undisputed legal position that the MoP is final. That this does not mean that if the Government suggests some changes or improvements in the MoP, that cannot be looked into but till that happens, the MoP as existing would apply. Advocates Association Bengaluru v. Barun Mitra, 2022 LiveLaw (SC) 1013

Judges Appointment - Supreme Court disapproves Centre splitting up collegium recommendation - When the recommendations are cleared by the Supreme Court, the seniority set out therein must be followed. Advocates Association Bengaluru v. Barun Mitra, 2022 LiveLaw (SC) 1013

Legislation - It is for the legislature to amend the law and not the Court. (Para 6.1) Kamla Neti v. Special Land Acquisition Officer, 2022 LiveLaw (SC) 1014

Maintenance and Welfare of Parents and Senior Citizens Act, 2007; Section 23 - Effecting transfer subject to a condition of providing the basic amenities and basic physical needs to the transferor – senior citizen is sine qua non for applicability of Section 23(1) - When it is alleged that the conditions mentioned in Section 23(1) are attached to a transfer, existence of such conditions must be established before the Tribunal. (Para 13-14) Sudesh Chhikara v. Ramti Devi, 2022 LiveLaw (SC) 1011

Motor Accident Compensation Claims - Even if the income of the claimant had increased after the accident, it would not be enough grounds to disable him from claiming compensation for future prospect as the rise in income may be attributed to multiple other factors - In cases of permanent disablement caused by a motor accident, the claimant is entitled to not just future loss of income, but also future prospects - Just compensation" must be interpreted in such a manner as to place the claimant in the same position as he was before the accident took place. (Para 18-20) Mohd Sabeer @ Shabir Hussain v. Regional Manager UPSRTC, 2022 LiveLaw (SC) 1017

Motor Accident Compensation Claims - Income Tax Return is a statutory document on which reliance be placed, where available, for computation of annual income of deceased. (Para 9) Anjali v. Lokendra Rathod, 2022 LiveLaw (SC) 1012

Motor Accident Compensation Claims - Socio-economic background of the claimants must be considered while awarding compensation in cases of permanent disability - Persons from marginalized sections of the society already face severe discrimination due to a lack of social capital, and a new disability more often than not compounds to such discrimination. (Para 27-29) Mohd Sabeer @ Shabir Hussain v. Regional Manager UPSRTC, 2022 LiveLaw (SC) 1017

Motor Accident Compensation Claims - Strict rules of evidence as applicable in a criminal trial, are not applicable in motor accident compensation cases - Disagreed with the view taken by the High Court while rejecting the salary certificate and pay slip of the deceased merely on the ground that the person issuing the two aforementioned documents was not examined before the Tribunal. Rajwati @ Rajjo v. United India Insurance Company Ltd., 2022 LiveLaw (SC) 1016

Motor Vehicles Act, 1988; Section 168 - Concept of 'just compensation' which ought to be determined on the foundation of fairness, reasonableness and equitability - Although such determination can never be arithmetically exact or perfect, an endeavor should be made by the Court to award just and fair compensation irrespective of the amount claimed by the applicant/s. (Para 10) Anjali v. Lokendra Rathod, 2022 LiveLaw (SC) 1012

Right to Information Act, 2005 - Discussions of Supreme Court collegium -Discussions of collegium are not required to be disclosed in public domain under the RTI Act - Whatever is discussed shall not be in the public domain - Petition seeking details of the collegium meeting of December 12, 2018 dismissed - Petitioner relied on news reports about the statements given by a former collegium member that certain decisions were finalized in the said collegium meeting, which were reversed after his retirement. (Para 5, 5.1) Anjali Bhardwaj v. CPIO, Supreme Court of India, (RTI Cell), 2022 LiveLaw (SC) 1015

Supreme Court Collegium - The actual resolution passed by the Collegium only can be said to be a final decision of the Collegium and till then at the most, it can be said to be a tentative decision during the consultation -During the consultation if some discussion takes place but no final decision is taken and no resolution is drawn, it cannot be said that any final decision is taken by the Collegium -only the final resolution and the final decision is required to be uploaded on the Supreme Court's website. (Para 5, 5.1) Anjali Bhardwaj v. CPIO, Supreme Court of India, (RTI Cell), 2022 LiveLaw (SC) 1015

NOMINAL INDEX

1. Advocates Association Bengaluru v. Barun Mitra, 2022 LiveLaw (SC) 1013
2. Anjali Bhardwaj v. CPIO, Supreme Court of India, (RTI Cell), 2022 LiveLaw (SC) 1015
3. Anjali v. Lokendra Rathod, 2022 LiveLaw (SC) 1012
4. Kamla Neti v. Special Land Acquisition Officer, 2022 LiveLaw (SC) 1014
5. Mohd Sabeer @ Shabir Hussain v. Regional Manager UPSRTC, 2022 LiveLaw (SC) 1017
6. Nandini Sharma v. Registrar, Supreme Court of India, 2022 LiveLaw (SC) 1018
7. Rajwati @ Rajjo v. United India Insurance Company Ltd., 2022 LiveLaw (SC) 1016
8. Sudesh Chhikara v. Ramti Devi, 2022 LiveLaw (SC) 1011
9. Sukhpal Singh Khaira v. State of Punjab, 2022 LiveLaw (SC) 1009
10. Vijaykumar Gopichand Ramchandani v. Amar Sadhuram Mulchandani, 2022 LiveLaw (SC) 1010