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Supreme Court Weekly Round-Up (08 July-13 July, 2024)
Gyanvi Khanna
17 July 2024 12:34 PM IST
Live Law has got you covered with all the latest updates of this last week. This digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the past week and the updates of the Constitution Bench hearing on the taxation matter of mineral-bearing lands, providing a succinct overview.Judgments/ Orders...
Live Law has got you covered with all the latest updates of this last week. This digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the past week and the updates of the Constitution Bench hearing on the taxation matter of mineral-bearing lands, providing a succinct overview.
Judgments/ Orders
Case Title – Frank Vitus v. Narcotics Control Bureau., 2024 LiveLaw (SC) 441
The Supreme Court held that there cannot be a bail condition that enables the police to constantly track the movements of the accused and virtually peep into the privacy of the accused.
A bench of Justice Abhay S Oka and Justice Ujjal Bhuyan was examining whether a bail condition requiring an accused to drop a pin on Google Maps for the investigating officer to access his location violates a person's right to privacy.
Case Title: State through Central Bureau of Investigation v. Surendra Koli, Diary No. 15138-2024 (and connected cases)
The Supreme Court issued notice on CBI's pleas challenging acquittal of Surendra Koli, one of the accused in Noida serial murder cases of 2005-2006 (Nithari Kand).
A bench of Justices BR Gavai and KV Viswanathan passed the order, on hearing Solicitor General Tushar Mehta, who argued that Koli was a serial killer who used to lure young girls and kill them.
Case Title: State of West Bengal v. Dr. Sanat Kumar Ghosh & Ors. | Special Leave Petition (Civil) No. 17403 of 2023
The Supreme Court (July 08), in an ongoing dispute between the West Bengal government and Governor CV Anand Bose (Chancellor of Universities) regarding the appointment of Vice-Chancellors (VC) of Universities, has ordered the constitution of a separate or joint Search Selection Committee.
Case Title: The State of West Bengal v. High Court at Calcutta through Registrar General, SLP(C) No. 9462-9465/2024
In a significant development, the Supreme Court dismissed West Bengal government's pleas against direction for CBI enquiry into the Sandeshkhali violence.
Briefly put, the bench of Justices BR Gavai and KV Viswanathan was dealing with a petition filed by State of West Bengal against the Calcutta High Court directing CBI to investigate the allegations of land-grabbing and sexual assault in Sandeshkhali by Shajahan Sheikh, a now-suspended member of the Trinamool Congress, and his followers.
Case Title – In Re Compensation Amounts Deposited With Motor Accident Claims Tribunals And Labour Courts., SMW(C) No. 7/2024
The Supreme Court has initiated a suo moto writ petition over large sums of money lying deposited in Motor Accident Claims Tribunals (MACT) and labour courts without being given to the beneficiaries.
A bench of Justice Abhay Oka and Justice Agustine George Masih said that an administrative order has been passed by Chief Justice of India DY Chandrachud initiating a case based on an email sent to the court on May 25, 2024.
Case Title : Nipun Malhotra v. Sony Pictures Films India Private Ltd., 2024 LiveLaw (SC) 439
In a notable judgment delivered, the Supreme Court has issued a set of guidelines to the visual media to ensure a dignified portrayal of persons with disabilities. The Court stressed that portrayals which carry negative stereotypes about persons with disabilities would impact their dignity and perpetuate social discrimination against them.
Case Details: M. SWARAJ VS. K. BABU., DIARY NO. - 22474/2024
The Supreme Court has issued notice in a petition filed by CPI(M) leader and former MLA M. Swaraj against the Kerela High Court's dismissal of his petition challenging the election of Congress candidate K. Babu from Tripunithura constituency in the 2021 Kerala assembly elections.
Case Details: THE STATE NCT OF DELHI Versus AMIT SHUKLA., SLP(Crl) No. 8044/2024
In another development pertaining to the 2008 murder case of journalist Soumya Vishwanathan, the Supreme Court issued a notice in a special leave petition, preferred by the Delhi Police, challenging the bail granted to the four accused in this matter.
Case Title: The Sikh Collective v. The State of Bihar and Ors., SLP(C) No. 12905/2024
The Supreme Court dismissed a petition filed against 3 nominations made by District Judge, Patna to the Prabandhak Committee managing affairs of Sri Takhat Harimandir Ji, Patna Saheb.
Supreme Court Issues Notice To IT Department On NewsClick's Plea To Stay Tax Demand
Case Details: PPK NEWSCLICK STUDIO PVT. LTD. VS. DEPUTY COMMISSIONER OF INCOME TAX., DIARY NO. - 24553/2024
The Supreme Court issued a notice in an SLP filed by a news portal, “NewsClick,” against the Delhi High Court's order rejecting a stay on the income tax demand.
Supreme Court Issues Notice On Plea For Ensuring Stray Dogs' Sterilization And Immunization In Delhi
Case Title: CONFERENCE FOR HUMAN RIGHTS (INDIA) (REGD.) VS. UNION OF INDIA, DIARY NO. - 9352/2024
The Supreme Court issued notice on a petition filed by an NGO seeking to ensure immunization and sterilization of stray dogs in Delhi.
A bench of Justices BR Gavai and KV Viswanathan passed the order after hearing counsel for the petitioner NGO-Conference for Human Rights, who argued that no sterilization/immunization exercise had been carried out by the authorities.
Case Title – Mahesh Chand Bareth & Anr. v. State Of Rajasthan & Ors., 2024 LiveLaw (SC) 442
The Supreme Court upheld the age relaxation provided to Shiksha Karmis and other government educational project employed candidates for direct recruitment to the post of Prabodhak (teacher) under the Rajasthan Panchayati Raj Prabodhak Service Rules, 2008.
Case Title: Naresh Kumar Versus State of Delhi, Criminal Appeal No.: 1751 of 2017
The Supreme Court held that the non-questioning of an accused on 'incriminating circumstances' and depriving him of an opportunity to explain the incriminating circumstances under Section 313 of the Code of Criminal Procedure ("CrPC") would vitiate the trial if such omission result in a miscarriage of justice. The Court said that non-adherence to the provision of Section 313 of CrPC would result in an acquittal of the accused if it prejudices the accused.
Case Title – Union of India Pankaj Kumar Srivastava & Anr., 2024 LiveLaw (SC) 444
The Supreme Court criticized the Centre for making a 100 per cent visually impaired candidate who cleared the Civil Services Examination (CSE) “run pillar to post” for his appointment despite a large number of backlog vacancies for persons with disabilities.
Avoid Bulky Pleadings & Lengthy Submissions In Arbitration Appeals : Supreme Court To Advocates
Case Title: Bombay Slum Redevelopment Corporation Private Limited Versus Samir Narain Bhojwani., 2024 LiveLaw (SC) 445
Expressing displeasure over the filing of bulky and lengthy submissions in the arbitral proceedings, the Supreme Court on Monday (July 8) called upon the Bar to urge only the legally permissible grounds in the arbitration proceedings carried under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996.
Case Title: HAR NARAYAN TEWARI (D) THR. LRS. VERSUS CANTONMENT BOARD, RAMGARH CANTONMENT & ORS., 2024 LiveLaw (SC) 446
Observing that the principle of res judicata is applicable not only between the plaintiff and the defendants but also between the co-defendants, the Supreme Court held that the condition precedent to make the principle of res judicata applicable between the co-defendants is that there must be a conflict of interest between the co-defendants.
Case Details: ASHOK PANDEY Versus THE SPEAKER OF LOK SABHA., MA 821/2024 in MA 2716/2023 PIL-W
The Supreme Court refused to recall the cost of rupees one lakh imposed on Lucknow-based lawyer Ashok Pandey for filing the petition that challenged the restoration of Congress leader Rahul Gandhi's Lok Sabha membership.
CASE TITLE: Kush Kalra v. UoI And Anr. WP(C) No. 958/2022
The Supreme Court closed a petition challenging a gender discriminatory provision in the Code of Criminal Procedure 1973 taking note of the fact that the statute's replacement, the Bharatiya Nagarik Suraksha Sanhita(BNSS) 2023, has removed the provision.
Case Details: RABINDRA KUMAR PAL @ DARA SINGH Versus STATE OF ODISHA | Diary No. 11407-2024
The Supreme Court issued notice to the State of Odisha on a petition filed by Dara Singh seeking remission of the life sentence awarded to him for the murder of Australian missionary Graham Staines and his two sons in 1999.
J&K Will Come Under NHRC; All Other Statutory Commissions Restored There: Union Tells Supreme Court
Case Title: Asim Suhas Sarode v. UoI And Ors. WP(C) No. 921/2020
The Union informed the Supreme Court that apart from the Human Rights Commission, 6 major statutory commissions have been appointed in the Union Territory of Jammu & Kashmir & Ladakh. Now that J&K was a Union Territory, it would come under the jurisdiction of the National Human Rights Commission, the Union said.
Case Details : Case Title: The Temple of Healing v. Union of India| WP(C) 1003/2021
The Supreme Court expressed serious concerns over the non-compliance of several states in appointing Specialised Adoption Agencies (SAAs) within every district by January 31 2024. The Court has directed the Chief Secretaries of the States and UTs to strictly comply with the earlier order by August 30, 2024 failing which contempt proceedings may be initiated against them.
Case Details: Indu Varma v. Union of India [W.P.(C) No. 1062/2023]
The Supreme Court has given the States one last opportunity to file their counter affidavit in a PIL challenging the collection of an additional fee by local bodies for disposing of sanitary wastes.
The Court noted that while the States of Goa, Chhattisgarh, Kerela, Tripura, Assam and Punjab, Madhya Pradesh have filed their counter affidavits, other States shall do the same within two weeks.
Case Title: THANKAMMA GEORGE VERSUS LILLY THOMAS AND ANOTHER., 2024 LiveLaw (SC) 447
The Supreme Court observed that there would be an implied revocation of Power of Attorney (“POA”) granted to the agent if the act of Principal choosing to act for himself is known to an agent and third person.
"In a case where the principal chooses to act for himself, particularly to the agent's knowledge and a person to be affected, then it can be held that Section 207 of the Indian Contract Act is attracted," the Court observed. Section 207 provides for the revocation of agency.
Case Details : USHA GARG VS. UNION OF INDIA W.P.(C) No. 000313 - / 2024
The Supreme Court issued notice in a petition seeking efficient E-filing facilities at the National Consumer Dispute Redressal Commission (NCDRC)and State Commissions. The Court also requested NCDRC President, Justice AP Sahi to assist the Court through online presence on the next hearing.
Case Title – M/S Daimler Chrysler India Pvt. Ltd. v. M/S Controls & Switchgear Company Ltd. & Anr., 2024 LiveLaw (SC) 447
The Supreme Court upheld orders of the National Consumer Disputes Redressal Commission (NCDRC) granting relief to two companies who had purchased cars from luxury car company Mercedes-Benz for the use of their directors.
Case Title : Bijon Kumar Mahajan v. State of Assam., 2024 LiveLaw (SC) 449
Reminding that every advocate must appear before the Court in the proper attire as mandated by the Rules, the Supreme Court recently disposed of a petition filed by an advocate against an order passed by the Gauhati High Court expelling him from the Court for wearing jeans.
Case Details: State of West Bengal v. Union of India | Original Suit No. 4 of 2021
In a crucial development, the Supreme Court held that the State of West Bengal's suit against the Union over the registration of cases by the CBI despite revocation of its general consent is maintainable.
Case Title: Mohd Abdul Samad v. The State of Telangana & Anr., Special Leave to Appeal (Crl) 1614/2024
The Supreme Court held that a divorced Muslim woman is entitled to file a petition for maintenance against her ex-husband under Section 125 of the Code of Criminal Procedure. The Court held that this right of a Muslim woman is in addition to the right under the Muslim Women (Protection of Rights on Divorce) Act 1986.
Case Title – State of Karnataka v. Bhavani Revanna., SLP(Crl) No. 8386/2024
The Supreme Court issued notice on the petition filed by the Karnataka Special Investigation Team challenging the High Court's order granting anticipatory bail to Bhavani Revanna, mother of Prajwal Revanna, in a case for the alleged kidnapping of a woman.
Case Title : Muthyala Sunil Kumar vs Union of India and connected cases.
The Supreme Court disposed of a batch of writ petitions filed by transporters and tour operators challenging the action of various State Governments in levying Authorization Fee/Border Tax in violation of All India Tourist Vehicles (Permit) Rules, 2023.
Case Title :BINDU KAPUREA Versus SUBHASISH PANDA | Diary No. 21171-2024, NEW DELHI NATURE SOCIETY v. RAJESH KUMAR KAUSHAL AND ORS. Diary No. 21740-2024
The petitioner who filed a contempt case against the Delhi Development Authority (DDA) over illegal tree felling in Delhi Ridge Forest Area has filed an application in the Supreme Court raising allegations of harassment by the Delhi police.
The petitioner, Bindu Kapurea has complained about the police's actions, claiming that they have been subjected to undue scrutiny and harassment.
Case Title: HIGH COURT ADVOCATES BAR ASSOCIATION VS. SECRETARY STATE BAR COUNCIL, SLP(C) No. 011743/ 2024
The Supreme Court issued notice on a plea filed by High Court Advocates Bar Association, Jabalpur against refusal of the State Bar Council to recognize it as a separate bar association.
The bench of CJI DY Chandrachud and Justices JB Pardiwala, Manoj Misra tagged the case with other similar pending case(s) and assured that it would be listed early.
Case Title: M/S AL-CAN EXPORT PVT. LTD. VERSUS PRESTIGE H.M. POLYCONTAINERS LTD. & ORS., 2024 LiveLaw (SC) 453
The Supreme Court held that a person aggrieved by an auction sale conducted by the public functionary in gross violations of the mandatory provisions of law cannot be called upon to establish the dual conditions stipulated in Order XXI Rule 90 of the Code of Civil Procedure, 1908 (“CPC”) for setting aside the auction sale.
Case: Mona Priyedarshini and others v National Medical Commission and others| W.P.(C) No. 000349 / 2024 and connected case
The Supreme Court issued notice on two writ petitions filed by Foreign Medical Graduates from eight medical colleges in Rajasthan and the Ram Manohar Lohia Hospital, New Delhi complaining of non-payment of stipend.
Case Title: Directorate of Enforcement v. Sadhu Singh Dharamsot, SLP(Crl) No. 7684-7685/2024
The Supreme Court dismissed as infructuous the Enforcement Directorate's plea for cancellation of interim bail granted to former Punjab minister and Congress leader Sadhu Singh Dharamsot in a money laundering case relating to an alleged forest scam.
Case Title: Sukanya Shantha v. Union of India, W.P.(C) No. 1404/2023
While reserving judgment on a public interest litigation highlighting the issue of caste-based discrimination in Indian prisons, the Supreme Court expressed displeasure with some of the provisions contained in state prison manuals and remarked that they were "very disturbing".
A bench of Chief Justice of India DY Chandrachud and Justices JB Pardiwala, Manoj Misra heard the matter and concluded arguments on behalf of both sides.
Case Title – State of West Bengal & Ors. v. Rajpath Contractors and Engineers Ltd., 2024 LiveLaw (SC) 454
The Supreme Court reiterated that if an arbitral award is challenged beyond the three-month limitation, the benefit of section 4 of the Limitation Act will not be available. The Court held that the 30-day extension period mentioned in the proviso to Section 34(3) of the Arbitration and Conciliation Act 1996 cannot be included in the "prescribed period" in Section 4 of the Limitation Act 1963.
Case Details: SUBODH KUMAR SINGH RATHOUR VERSUS THE CHIEF EXECUTIVE OFFICER & ORS., CIVIL APPEAL NO. 6741 OF 2024
In a notable judgment, the Supreme Court cautioned the public authorities against cancelling public tenders arbitrarily and stressed the importance of upholding the sanctity of contracts.
The Court explained that public tenders emanate from the Doctrine of Public Trust and are designed to provide a level playing field for all potential bidders.
Relevant Factors To Assess Compensation In Land Acquisition Proceedings : Supreme Court Explains
Case Details: New Okhla Industrial Development Authority Versus Harnand Singh (Deceased) through LRs & Ors.
The Supreme Court laid down the three categories of relevant factors that ought to be considered while determining the estimated value of the land to determine a fair amount of compensation in land acquisition proceedings.
The court has developed the belowmentioned categories of factors so that the valuation of the land could be ascertained based on these factors, and there would be no room left for judicial discretion to determine land valuation based on speculation.
Case Title: YOGESH GOYANKA VERSUS GOVIND & ORS.
The Supreme Court reiterated that a registered sale deed cannot be held to be void merely because it was executed during the pendency of a suit in relation to the property. The doctrine of lis pendens under Section 52 of the Transfer of Property Act 1882 does not render the pendente lite transfer void.
The Court also held that there is no bar for impleadment of the transferee who has purchased the suit property via a registered sale deed during the pendency of the suit.
Case Title : X vs Y., 2024 LiveLaw (SC) 458
The Supreme Court observed that a divorce petition can be presented on the ground that there has been no restitution of conjugal rights between the parties to the marriage for a period of one year and more after passing the decree for restitution of conjugal rights.
Presumption Of Non-Application Of Mind If Bail Order Does Not Furnish Reasons: Supreme Court
Case Details: THE STATE OF JHARKHAND v. ANIL GANJHU., CRIMINAL APPEAL NO.2843 OF 2024
Recently, the Supreme Court observed that where an order of bail does not furnish reasons behind the decision taken, there is a presumption of the non-application of mind.
"Where an order refusing or granting bail does not furnish the reasons that inform the decision, there is a presumption of the non-application of mind which may require the intervention of this Court."
Supreme Court Stays Manipur HC Direction Requiring CBI To Track Absconding Rape Convict In 5 Months
Case Title: CENTRAL BUREAU OF INVESTIGATION Versus STATE OF MANIPUR AND ORS., Diary No. 10963-2024
The Supreme Court stayed a direction issued by Manipur High Court to the Central Bureau of Investigation (CBI) requiring it to speedily track and produce Timothi Changsang, a child-home Administrator convicted for raping minor girls, who is absconding since 2018.
Case Title: Re-Inhuman Conditions In 1382 Prisons v. Director General of Prisons and Correctional Services and Ors., W.P.(C) No. 406/2013
The Supreme Court passed a detailed order in a public interest litigation (PIL) initiated to address the issue of overcrowding of prisons in India. The Court directed the States of Uttar Pradesh, Gujarat, Telangana, Tamil Nadu and West Bengal to file a fresh affidavit after taking into account the suggestions made by the Amicus Senior Advocate Gaurav Aggarwal. The suggestions made by Amicus and the order passed underscored the need for the states to come up with effective and timely actions in order to alleviate the issue of overcrowding in prisons.
Case Details: P. SASIKUMAR Versus THE STATE REP. BY THE INSPECTOR OF POLICE., 2024 LiveLaw (SC) 460
The Supreme Court observed that if the accused is a stranger to a witness, then without holding a Test Identification Parade(TIP) of the accused, the identification of the accused by a witness in the court cannot be considered a good piece of evidence for deciding conviction.
Case Title – Md. Rahim Ali @ Abdur Rahim v. State Of Assam & Ors., 2024 LiveLaw (SC) 462
The Supreme Court on Thursday held that the authorities cannot randomly accuse people of being foreigners and initiate investigation into a person's nationality without the existence of material basis or information for suspicion.
Case Title: Arvind Kejriwal v. Directorate of Enforcement, SLP(Crl) 5154/2024., 2024 LiveLaw (SC) 463
In a significant development, the Supreme Court granted interim bail to Delhi Chief Minister Arvind Kejriwal in the case registered by under the Prevention of Money Laundering Act (PMLA) over the liquor policy case, while referring his petition challenging the arrest by the Enforcement Directorate (ED) to a larger bench.
Case Details : M/S. POWER SMART MEDIA PVT LTD VS. UNION OF INDIA DIARY NO. - 29441/2024
The Supreme Court stayed the order of the Karnataka High Court which restrained the broadcast of Kannada news channel 'Power TV'. The stay will operate till next Monday when the Court will continue hearing the matter.
Supreme Court Extends Former Maharashtra Minister Nawab Malik's Interim Bail By Two Weeks
Case Details: Mohammed Nawab Malik v. the State of Maharashtra | Criminal Appeal No. 2415 of 2023
The Supreme Court extended the interim bail granted to former Maharashtra minister Nawab Malik last August by two weeks. Malik was arrested on February 23, 2022, by the Directorate of Enforcement (ED) in a money laundering case but was released on interim bail.
Supreme Court Rejects PIL Alleging Discrepancies In Voting Data Of 2024 Lok Sabha Elections
Case Details: PRIYA MISHRA VS. ELECTION COMMISSION OF INDIA DIARY NO. - 28032/2024
The Supreme Court dismissed a petition seeking disclosure of data regarding alleged discrepancies in the counting of votes by the Election Commission of India (ECI) during the recent general elections.
Supreme Court Seeks Affidavits From States/HCs On Establishment & Functioning Of Gram Nyayalayas
Case Title: NATIONAL FEDERATION OF SOCIETIES FOR FAST JUSTICE AND ANR. Versus UNION OF INDIA AND ORS., W.P.(C) No. 1067/2019
In a public interest litigation seeking establishment and effectuation of Gram Nyayalayas in the country as per the mandate of Gram Nyayalayas Act, 2008, the Supreme Court directed states/UTs and their High Courts to file fresh affidavits on the establishment and functioning of Gram Nyayalayas.
Case Details: Bindu Kapurea v. Subhasish Panda Dairy No. 21171-2024, In Re Subhasish Panda Vice Chairman DDA SMC(Crl) No. 2/2024
The Supreme Court remarked that a "cover up" was going on at the instance of the Delhi Development Authority regarding the role played by the Lieutenant Governor of Delhi VK Saxena in directing the illegal felling of trees in Delhi Ridge Forest Area.
Petitioners In Contempt Case Against DDA Should Not Be Harassed : Supreme Court To Delhi Police
Case Details: Bindu Kapurea v. Subhasish Panda | Diary No. 21171-2024, New Delhi Nature Society v. Rajesh Kumar Kaushal And Ors. Diary No. 21740-2024
The Supreme Court stated that no authority shall harass the petitioners who filed a contempt case against the Delhi Development Authority (DDA) over illegal tree felling in Delhi Ridge Forest Area.
The petitionesr in the contempt case has alleged harassment by the Delhi police after the contempt petition was filed. The petitioners stated that the Delhi police was making enquiries and collected the bank account details. The petitioners therefore filed an application to implead the Delhi Police Commissioner and the Axis Bank in the case.
Case Title: SATYENDRA JAIN Versus S.C. VATS AND ORS., Diary No. 52890-2023
The Supreme Court on July 12 issued notice on a plea filed by former Delhi Minister Satyendra Jain against Dr SC Vats, Chairman of the governing council of Vivekananda Institute of Professional Studies (VIPS). The case pertains to a witness sought to be cross-examined by Jain in a 2020 election petition filed by Vats challenging his election from Shakur Basti, Delhi.
Case Title – Jitendra Paswan Satya Mitra v. State Of Bihar., SLP (Crl.) No. 8620/2024
The Supreme Court raised concerns over a "strange" order by the Patna High Court that granted bail to an accused in a murder case but directed his release only after six months, without providing any reason for this condition.
Case Details: ARMY WELFARE EDUCATION SOCIETY NEW DELHI Versus SUNIL KUMAR SHARMA & ORS. ETC., CIVIL APPEAL NOS. 7256-7259 OF 2024
The Supreme Court held that a writ petition under Article 226 of the Constitution couldn't be entertained against a private education society for adjudication of private service disputes.
The Court also held that the Army Welfare Education Society cannot be considered as "State" under Article 13 of the Constitution.
Case Title – Central Information Commission v. DDA & Anr., 2024 LiveLaw (SC) 465
The Supreme Court recently held that the Chief Information Commissioner (CIC) has the power to form benches and frame regulations for the effective management of the affairs of the Central Information Commission under Section 12(4) of the Right to Information Act, 2005.
Supreme Court Explains Features Of Doctrine of Legitimate Expectation
Case Details: ARMY WELFARE EDUCATION SOCIETY NEW DELHI Versus SUNIL KUMAR SHARMA & ORS. ETC., CIVIL APPEAL NOS. 7256-7259 OF 2024
Observing that the doctrine of legitimate expectation cannot be extended to the operation of a contract, the Supreme Court laid down the crucial features regarding the doctrine of legitimate expectation.
Supreme Court Directs BMW To Pay Rs 50 Lakhs Compensation To Customer For Defective Car
Case Title: The State of Andhra Pradesh v. BMW India P.Ltd. and Ors., Crl.A. No. 1044/2019 (and connected case)., 2024 LiveLaw (SC) 466
The Supreme Court disposed of a 15-year-old cheating case pending against BMW India Pvt. Ltd. and certain members of its management. The case was instituted by GVR Infra Projects, being aggrieved by BMW's supply of a defective car in 2009.
Confession Before Police Cannot Be Included In Charge Sheet: Supreme Court
Case Title: Sanju Bansal v. State of Uttar Pradesh., 2024 LiveLaw (SC) 467
The Supreme Court on Friday said that courts must ignore confessional statements recorded by police officers if they form part of the charge-sheet.
Under the section 25 of the Indian Evidence Act and corresponding provision section 23(1) of the Bharatiya Sakshya Adhiniyam, confessions made by an accused to police officer are not admissible as evidence.
News
Case Details : Vanshika Yadav v. UOI, W.P.(C) No. 335-/2024 (and connected matters)
While hearing a batch of petitions challenging the NEET-UG 2024 exam, the Supreme Court posed a volley of questions to the Union Government and the National Testing Agency (NTA) regarding the nature of the paper leak and steps taken to identify the beneficiaries of fraudulent practices.
Case Title: Dr. Jaya Thakur v GoI And Ors. WP(C) No. 1000/2022
The Union informed the Supreme Court that a National Policy on the Distribution of Menstrual Hygiene Products to adolescent school-going girls is being formulated and is at an advanced stage. The Court granted additional time to Union to collect data and solidify the Policy.
Case Details : ASHWINI KUMAR UPADHYAY VS. UNION OF INDIA DIARY NO. - 22396/2020
The Supreme Court expressed the need for having a uniform model 'builder-buyer agreement' to keep defrauding builders within the check.
CJI underlined the necessity to 'prima facie' have a uniform model agreement in place across the states in the Country.
Case Details : SHAILENDRA MANI TRIPATHI VS. UNION OF INDIA W.P.(C) No. 327/2024
The Supreme Court asked the Union to consult all stakeholders on the question of having a menstrual leave policy for working women. The Court also expressed apprehension that such a policy may not be welcomed by the employers and create troubles for women seeking jobs.
ED Moves Supreme Court Against Bail Granted To Hemant Soren In Money Laundering Case
In a recent development, Enforcement Directorate has approached the Supreme Court challenging the Jharkhand High Court order vide which bail was granted to Jharkhand Chief Minister Hemant Soren in a money laundering case related to an alleged land scam.
Case Details: MD. ANAS CHAUDHARY Versus UNION OF INDIA W.P.(Crl.) No. 215/2024
The Supreme Court expressed reservations about a petition seeking to direct that sexual assault cases should be handled only by public prosecutors, investigating officers and medical examiners who are women. The Court remarked that it would be unreasonable to assume that in cases of gender violence, male officers would not effectively fulfil their duties.
Marriage Equality Petitioners Urge Supreme Court To Allow Open Court Hearing Of Review Petitions
Petitioners seeking a review of the 'Marriage Equality' decision requested the Supreme Court to have an open court hearing of the petition.
Senior Advocate NK Kaul appearing on behalf of one of the review petitioners requested the CJI DY Chandrachud on the possibility of having the review petition hearing in open court instead of in chambers since the matter involves large public interest.
Case Title : Government of National Capital Territory of Delhi vs Union of India Writ Petition (C) No. 678 of 2023
The Delhi Government requested the Supreme Court for an early hearing of its petition challenging the law taking away "services" from the control of the Government of National Capital Territory of Delhi.
'Padho Bhai!' : Supreme Court Dismisses Plea To Reduce AIBE Cut-Off Marks
The Supreme Court dismissed a petition which sought to lower the cut-off for the All India Bar Examination (AIBE).
A bench led by Chief Justice of India DY Chandrachud observed that the lowering of the cut-off would affect the quality of lawyers who are admitted to the bar.
Case Title: Indian Medical Association v. Union of India | W.P.(C) No. 645/2022
During the hearing of the case filed by Indian Medical Association (IMA) against Patanjali Ayurved over the publication of misleading medical advertisements, the Supreme Court was informed that an apology on behalf of the Association's President, for his controversial remarks regarding the Patanjali hearing, has been sent to media and published in IMA's monthly journal as well as website.
Case Title: Directorate of Enforcement v. Anil Tuteja and Ors., SLP(Crl.) No. 6323-6324/2020
The Supreme Court said that it is disturbing that the Directorate of Enforcement has not completed the investigation in the 2015 Nagrik Apurti Nigam (NAN) scam case concerning corruption in the Public Distribution System (PDS) in Chhattisgarh.
Case Title: Indian Medical Association v. Union of India | W.P.(C) No. 645/2022
In the context of a direction issued earlier in the Patanjali misleading ads case putting restraints on advertising agencies, the Supreme Court clarified that its intention is not to cause harassment to anybody. Rather, the focus is on particular sectors and aspects, and if anything has been misinterpreted, the same would be clarified.
Case Title: Indian Medical Association v. Union of India | W.P.(C) No. 645/2022
During the hearing of the misleading ads case pending against it, the Supreme Court asked Patanjali whether pursuant to its notice, intermediaries and social-media platforms have taken down ads relating to the 14 Ayurvedic medicines for which licenses were suspended by Uttarakhand State Licensing Authorities.
Case Title :BINDU KAPUREA Versus SUBHASISH PANDA | Diary No. 21171-2024, NEW DELHI NATURE SOCIETY v. RAJESH KUMAR KAUSHAL AND ORS. Diary No. 21740-2024
The petitioner who filed a contempt case against the Delhi Development Authority (DDA) over illegal tree felling in Delhi Ridge Forest Area has filed an application in the Supreme Court raising allegations of harassment by the Delhi police.
'Very Important Issue': Supreme Court Reserves Judgment On Plea To Curb Child Marriages
Case Title: Society for Enlightenment and Voluntary Action and Anr. v. UoI and Ors. WP(C) No. 1234/2017
While reserving judgment on an NGO's plea seeking due implementation of the Prohibition of Child Marriage Act, the Supreme Court remarked that programmes and lectures aimed at creating awareness do not really bring about a change on the ground-level.
Case Details: Sunil Prabhu v. Eknath Shinde & Ors. | Special Leave Petition (Civil) No. 1644-1662 of 2024
Mentioning Uddhav Sena's challenge to the Maharashtra assembly speaker's refusal to disqualify members belonging to the Eknath Shinde-led group, Senior Advocate Dr Abhishek Manu Singhvi urged the Supreme Court to advance the hearing of the case, as Maharashtra Assembly elections are round the corner.
Case Title : Dr. Subramanian Swamy and Anr. v. Union of India and Anr., WP(C) 1467/2020 (and connected case)
The Supreme Court adjourned a Public Interest Litigation filed by former Rajya Sabha MP Dr. Subramanian Swamy to delete the words "Socialist" & "Secular" from the Preamble to the Constitution of India to August.
Supreme Court Rejects Plea By Bajaj Auto To Raise Cap On Auto Rickshaws In Delhi
Case Title – Interlocutory Application in MC Mehta v. Union of India., WP (C) No. 013029/1985
The Supreme Court dismissed plea filed by Bajaj Auto seeking a raise in the upper limit on number of auto-rickshaws allowed in Delhi.
A bench of Justice Abhay Oka and Justice Augustine George Masih observed that the cap was imposed for the protection of environment, and a wrong signal would be sent if the court entertains such a plea by an auto manufacturer interested in increasing its business.
Case Title : Supriyo @ Supriya Chakraborty and another vs.Union of India | RP (c) 1866/2023 and connected cases
In the latest development, the hearing of petitions seeking review of the verdict refusing to recognize same-sex marriages was postponed as Justice Sanjiv Khanna, a member of a newly constituted bench, recused himself from the matter.
No Mass Malpractice In NEET-UG 24 As Per Data Analytics : Centre Tells Supreme Court
The Union Government has filed an affidavit in the Supreme Court denying any mass malpractice in the NEET-UG 2024 exam. The Centre said that the data analytics done by the Indian Institute of Technology Madras showed that mark distribution followed a bell-shaped curve that is seen in any large-scale exam, indicating no abnormalities.
Video Showing NEET Paper Leak In Telegram Fake : NTA Tells Supreme Court
Case: Vanshika Yadav v. Union of India, WRIT PETITION (CIVIL) No. 335 of 2024
The National Testing Agency has filed an affidavit in the Supreme Court stating that the video showing a photo of the NEET UG exam paper leaked on Telegram on May 4 was fake. The timestamp was manipulated to create a false impression of an early leak., the affidavit added.
Supreme Court Laments States Not Filling Vacancies In Pollution Control Boards
Case Title – MC Mehta v. Union of India and Ors., In Re: Number of Vacant Posts in Statutory Pollution Control Boards of Various States
The Supreme Court on Wednesday deprecated the Delhi Government for “adopting the shortcut” of engaging contractual employees instead of making regular appointments to the state pollution control board.
Case Title- Parvinder Singh Khurana v. Directorate of Enforcement., SLP(Crl) No. 8007-8010/2024
The Supreme Court of India expressed shock at the Delhi High Court staying a regular bail order without specifying any reasons.
The Court questioned the Directorate of Enforcement (ED) for defending the High Court's orders prolonging interim stay on a bail order by the trial court.
Case Details: MANISH SISODIA Versus DIRECTORATE OF ENFORCEMENT., SLP(Crl) No. 8781/2024
Supreme Court judge Justice Sanjay Kumar has recused himself from the hearing of former Delhi Deputy Chief Minister Manish Sisodia's bail petition, citing personal reasons. Sisodia's bail plea pertained to the money laundering and corruption cases booked against him in the liquor policy case.
A three-judge Bench of Justices Sanjiv Khanna, Sanjay Karol and Sanjay Kumar was scheduled to hear the matter. However, with the recusal of Justice Kumar, the Court re-listed the matter in a week commencing July 15th.
Case Title: KISHAN CHAND JAIN Versus CENTRAL INFORMATION COMMISSION AND ORS., W.P.(C) No. 402/2024
The Supreme Court issued notice on a public interest litigation raising the issue as to whether documents available in records of the first appeal under Right to Information Act ought to be called again at the time of second appeal.
'Law Already In Place' : Supreme Court Refuses To Entertain Plea To Prevent Violence Against Doctors
Case Title: Delhi Medical Association v. Union of India | W.P.(C) No. 725/2021
The Supreme Court refused to entertain a petition which sought directions to prevent acts of violence against doctors, observing that laws are already in place to deal with such instances.
The Court clarified that the petitioners are at liberty to approach the concerned courts in respect of particular instances of violece.
West Bengal Govt Approaches Supreme Court Against Governor Withholding Assent For Bills
The State of West Bengal has filed a writ petition in the Supreme Court against the Governor for withholding assent on eight bills. In the writ petition filed under Article 32, the State contended that the Governor's refusal to give assent to the bills without stating any reason was contrary to the mandate of Article 200 of the Constitution.
Case Title: S MARTIN v. DIRECTORATE OF ENFORCEMENT., SLP(Crl) No. 4768/2024
The Supreme Court, while hearing a Special Leave Petition that raised the question of law whether the trial in predicate offence should conclude first before the commencement of trial in a money laundering case, said that the matter needs to be heard.
