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Supreme Court Weekly Round-up (15th January 2023-21st January 2023)
Padmakshi Sharma
22 Jan 2023 11:36 AM GMT
Judgements/OrdersIs Non-Production Of Power Of Attorney Fatal To Title Suit? Supreme Court Split VerdictCase Title: Manik Majumder And Ors. v. Dipak Kumar Saha (Dead) through Lrs. And Ors| CA 2965 of 2022 | 13 Jan 2023 |Citation : 2023 LiveLaw (SC) 29Justice M.R. Shah and Justice B.V. NagarathnaThe Supreme Court passed a split verdict in a plea pertaining to the issue that when a sale deed...
Judgements/Orders
Is Non-Production Of Power Of Attorney Fatal To Title Suit? Supreme Court Split Verdict
Case Title: Manik Majumder And Ors. v. Dipak Kumar Saha (Dead) through Lrs. And Ors| CA 2965 of 2022 | 13 Jan 2023 |
Citation : 2023 LiveLaw (SC) 29
Justice M.R. Shah and Justice B.V. Nagarathna
The Supreme Court passed a split verdict in a plea pertaining to the issue that when a sale deed is executed on the strength of a deed of Power Attorney, the non-production of the deed of Power of Attorney in the suit is fatal to the case of the plaintiff.
Case Title: Deepal Ananda Patil v. State of Maharashtra And Ors | CA 88-89 of 2023 | 4 Jan 2023
Citation: 2023 LiveLaw (SC) 30
Coram: Chief Justice D.Y. Chandrachud and Justice P.S. Narasimha
The Supreme Court, recently, reiterated, that an adjudicatory body, cannot base its decision on any material unless the person against whom it is sought to be utilised has been apprised of it and given an opportunity to respond to it.
Supreme Court Bench Delivers Split Verdict In Civil Appeal From Specific Performance Suit
Case Title: C. Haridasan Versus Anappath Parakkattu Vasudeva Kurup & Others CIVIL APPEAL NO. 4072 OF 2022
Citation : 2023 LiveLaw (SC) 31
Coram: Justices MR Shah and BV Nagarathna
The Supreme Court delivered a split verdict in a civil appeal arising out of a suit seeking specific performance of an agreement of sale.
Party Estopped From Questioning Amount Levied As Per Contract After Signing It : Supreme Court
Case Title: The Chief Engineer, Water Resources Department & Ors. Versus Rattan India Power Limited Through Its Director & Ors. Civil Appeal No. 8550 Of 2022 Arising Out Of SLP (C) No. 28161 Of 2016
Citation : 2023 LiveLaw (SC) 32
Coram: Justices S Ravindra Bhat and PS Narasimha
The Supreme Court has held that signing a contract and issuing an undertaking in accordance with the contract would estop the parties from challenging the amount of consideration as specified within the terms of the contract.
Case Title: Jaswant Singh & Ors. Versus The State Of Chhattisgarh & Anr. Writ Petition (Crl.) No. 323 Of 2022
Citation : 2023 LiveLaw (SC) 33
Coram: Justices Dinesh Maheshwari and Bela M. Trivedi
The Supreme Court held that while giving opinion regarding grant of remission under Section 432(2) Cr.P.C. the Presiding Judge needs to give reasons with regard to the factors to be taken into consideration as laid down by the Supreme Court in the case of Laxman Naskar vs. Union of India.
Case Title: M/s Oswal Plastic Industries v. Manager, Legal Deptt N.A.I.C.O Ltd.| CA 83 of 2023 | 13 Jan 2023
Citation: 2023 LiveLaw (SC) 34
Coram: Justice M.R. Shah and Justice C.T. Ravikumar
The Supreme Court has upheld an order of the State Consumer Disputes Redressal Commission, Punjab, which granted INR 29,17,500 to an insurer and was eventually modified by the National Consumer Disputes Redressal Commission to INR 12,60,000. The rate of interest was also modified from 9% to 7%.
Default Bail Can Be Cancelled On Merits After Presentation Of Chargesheet : Supreme Court
Case Title: State through CBI v. T. Gangi Reddy @ Yerra Gnagi Reddy | SLP (Crl) No. 9573/2022
Citation: 2023 LiveLaw (SC) 37
Coram: Justice M.R. Shah and Justice C.T. Ravikumar
The Supreme Court has held that there is no bar in cancelling default bail on merits after the presentation of chargesheet. The question that arose in the case was whether default bail can be cancelled after presentation of chargesheet, when it was granted for not filing it within 90 days as per the CrPC.
Case Title: Govt. of NCT of Delhi Versus Sunil Jain & Ors CIVIL APPEAL NO.280 of 2023 (@ SLP (C) No. 1019 of 2023)
Citation : 2023 LiveLaw (SC) 36
Coram: Justices MR Shah and CT Ravi Kumar
The Supreme Court has held that delay in taking possession of land because of a pending litigation does not entitle the original owner of the land the benefit of lapse under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Case Title : The Union of India & Ors. Versus Rajib Khan & Ors. CIVIL APPEAL NO. 172 of 2023 (@ Special Leave Petition (Civil) No.8083 of 2022)
Citation. : 2023 LiveLaw (SC) 35
Coram: Justices MR Shah and CT Ravi Kumar
The Supreme Court have held that academic qualifications are a valid criteria to differentiate pay scale for different employees even when the nature of the work undertaken by them is more or less the same.
View That Default Bail Cannot Be Cancelled On Merits Will Reward Lethargic Investigation : Supreme Court
Case Title : State through CBI v. T. Gangi Reddy @ Yerra Gnagi Reddy | SLP (Crl) No. 9573/2022
Citation: 2023 LiveLaw (SC) 37
Coram: Justice M.R. Shah and Justice C.T. Ravikumar
The Supreme Court held that when special reasons are made out from the chargesheet and the chargesheet reveals commission of non-bailable crime, default bail granted to an accused under proviso to Section 167(2) CrPC can be cancelled.
Case Title: TATA Sons Pvt Ltd vs Siva Industries and Holdings Ltd | MA 2680 of 2019 in Arbitration Case (Civil) No 38 of 2017 | 5 January 2023
Citation: 2023 LiveLaw (SC) 39
Coram: CJI D Y Chandrachud and Justice P S Narasimha
The Supreme Court held that the time limit of twelve months as prescribed in Section 29A of Arbitration and Conciliation Act is not applicable for international commercial arbitration.
Child Adopted By Widow After Death Of Govt. Employee Not Entitled To Family Pension : Supreme Court
Case Title: Shri Ram Shridhar Chimurkar vs Union of India | SLP (C) 21876 of 2017 | 17 Jan 2023
Citation: 2023 LiveLaw (SC) 40
Coram: Justices K M Joseph and B V Nagarathna
The Supreme Court held that a son or daughter adopted by the widow of a deceased government servant, after the death of the government servant, cannot be included within the definition of ‘family’ under Rule 54(14)(b) of the Central Civil Services (Pension) Rules, 1972 to claim family pension.
'Wikipedia Not Completely Dependable' : Supreme Court Cautions Courts & Adjudicating Authorities
Case Title: Hewlett Packard India Sales Pvt. Ltd. vs Commissioner of Customs (Import), Nhava Sheva | CA 5373 OF 2019 | 17 January 2023
Citation: 2023 LiveLaw (SC) 43
Coram: Justices Surya Kant and Vikram Nath
In a judgment delivered the Supreme Court cautioned the courts and adjudicating authorities against use of 'wikipedia' for legal dispute resolution.
A Person Cannot Be Deemed To Be In Service When First Dismissal Order Is In Force: Supreme Court
Case Title: State Bank Of India & Ors. Versus Kamal Kishore Prasad Civil Appeal No. 175 Of 2023 (Arising Out Of Slp (C) No. 9819 Of 2018)
Citation: 2023 LiveLaw (SC) 42
Coram: Justices Krishna Murari and Bela M Trivedi
The Supreme Court has held that when the first dismissal order against a person in service is in force, irrespective of all pending litigations or his age of superannuation, he cannot be deemed to be continuing in service.
'Last Seen' Circumstance Cannot Be Sole Basis For Conviction : Supreme Court Acquits Murder Accused
Case Title: Jabir vs State of Uttarakhand | CrA 972 OF 2013 | 17 Jan 2023 |
Citation: 2023 LiveLaw (SC) 41
Coram: Justices S. Ravindra Bhat and P S Narasimha
The court should not convict an accused only on the basis of the “last seen” circumstance, the Supreme Court observed while setting aside concurrent conviction of murder accused. The bench observed that the “last seen” doctrine has limited application, where the time lag between the time the deceased was seen last with the accused, and the time of murder, is narrow.
Case Title: Ex-Const/Dvr Mukesh Kumar Raigar Versus Union Of India & Ors. Special Leave Petition (Civil) No. 10499 Of 2022
Citation: 2023 LiveLaw (SC) 44
Coram: Justices Ajay Rastogi and Bela M. Trivedi
Observing that entering the service of a disciplined force like CISF by suppressing criminal cases is a "gross misconduct", the Supreme Court approved the dismissal of a personnel. The bench held that the power of judicial review exercised by a Court or a Tribunal against the orders of a departmental enquiry committee is only limited to ensuring "that the individual receives fair treatment and not to ensure that the conclusion which the authority reaches is necessarily correct in the eye of the Court."
Excessive Conditions Cannot Be Imposed While Granting Bail/Suspension Of Sentence : Supreme Court
Case Title: Guddan @ Roop Narayan vs State Of Rajasthan | CrA 120 OF 2023 | 3 Jan 2023
Citation: 2023 LiveLaw (SC) 45
Coram: Justices Krishna Murari and V. Ramasubramanian
The Supreme Court reiterated that excessive conditions cannot be imposed while granting bail/suspension of sentence.
Case Title: Rajaram Sriramulu Naidu (D) vs Maruthachalam (D) | CrA 1978 OF 2013 | 18 Jan 2023
Citation: 2023 LiveLaw (SC) 46
Coram: Justice B R Gavai and M M Sundresh
The Supreme Court observed that the standard of proof for rebutting the presumption under Section 139 of the Negotiable Instruments Act is that of preponderance of probabilities.
Case Title: Google LLC v. Anr. C.A. No. 229/2023
Coram: CJI DY Chandrachud, Justices PS Narasimha, and JB Pardiwala
The Supreme Court refused to interfere with the order of the National Company Law Appellate Tribunal which refused to stay the order of the Competition Commission of India (CCI) which imposed a penalty of Rs 1,338 crore on Google India for abuse of dominance in relation to Android eco-system.
Case Title: Bimla Tiwari vs State of Bihar | SLP(Crl) 834-835 OF 2023 | 16 Jan 2023
Citation: 2023 LiveLaw (SC) 47
Coram: Justices Dinesh Maheshwari and Hrishikesh Roy
The process of criminal law cannot be utilised for arm-twisting and money recovery, particularly while opposing the prayer for bail, the Supreme Court observed in an order passed recently.
Case Title : Saurav Das vs Union of India |W.P.(C) No. 1126/2022
Citation : 2023 LiveLaw (SC) 52
Coram: Justices MR Shah and CT Ravikumar
The Supreme Court held that police and investigating agencies like CBI, ED etc., cannot be directed to upload the chargesheets filed in cases in a public platform for easy access by the general public.
Case Title: Leena Manimekalai v. UoI And Ors. WP(Crl) No. 8/2023
Coram: Chief Justice DY Chandrachud and Justice PS Narasimha
The Supreme Court of India heard filmmaker Leena Manimekalai's plea challenging the multiple FIRs registered against her in various states over the poster of her documentary titled "Kaali". The bench, while issuing notice to the States, directed that no coercive steps shall be taken against the filmmaker either on the basis of the FIRs which had already been lodged or on basis of FIRs which may be lodged in relation to the Kaali poster row.
Case Title: Boby vs State of Kerala | CrA 1439 OF 2009 | 12 Jan 2023
Citation: 2023 LiveLaw (SC) 50
Coram: Justices B R Gavai and M M Sundresh
The Supreme Court observed that the recovery cannot be relied on under Section 27 of the Evidence Act in the absence of record of the statement of accused.
Case Title: Gajanand Sharma vs Adarsh Siksha Parisad Samiti | CA 100-101 OF 2023 | 19 Jan 2023
Citation: 2023 LiveLaw (SC) 48
Coram: Justices M R Shah and C T Ravikumar
Interpreting Section 18 of the Rajasthan Non-Governmental Educational Institutions Act, the Supreme Court held that prior approval of Director of Education has to be obtained even in case of termination/removal of an employee of a recognized institution after holding departmental proceedings.
Case Title: Mahanadi Coalfields Ltd vs State of Odisha | CA 220 OF 2023 | 20 Jan 2023
Citation: 2023 LiveLaw (SC) 51
Coram: Justices M R Shah and C T Ravikumar
The Supreme Court held that a State Government can be said to be the ‘person interested’ in getting the compensation under Coal Bearing Areas (Acquisition and Development) Act, 1957.
Case Title: ESI Corporation vs Radhika Theatre | CA 312 OF 2023 | 20 Jan 2023
Citation: 2022 LiveLaw (SC) 53
Coram: Justices M R Shah and C T Ravikumar
The Supreme Court observed that the Employees' State Insurance Act should be given liberal interpretation so that social security can be given to the employees.
News Reports
A septuagenarian mother’s quest for justice for her son’s death 20 years ago has brought her before the Bombay High Court once again in a petition seeking to add names of four police officers as accused.
The issue arising out of the rift within Shiv Sena party between Eknath Shinde and Uddhav Thackeray over the Party name “Shiv Sena” and the symbol “Bow and Arrow” was heard by the Election Commission of India under Paragraph 15 of the Election Symbols (Reservation and Allotment) Order, 1968 on 10th January 2023.
Supreme Court bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha issued strict directions to the Director General of Prisons of Uttar Pradesh to take all necessary steps to ensure that applications for premature release or remission are duly considered.
Will Google follow the same approach taken by it in European Union, as regards pre-installed apps in Android-based in mobile phones, in India? The Supreme Court asked Google India this question while considering the tech-giant's plea challenging the order of National Company Law Appellate Tribunal(NCLAT) which declined to stay the Competition Commission of India’s (CCI) decision to impose Rs 1,338 crore penalty on it for unfair and anti-competitive practices in relation to Android phones.
Live-Streaming | Supreme Court Agrees To Consider Suggestions Made By Senior Advocate Indira Jaising
Supreme Court bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala stated that the Supreme Court would take into consideration the suggestions submitted by Senior Advocate Indira Jaising for live streaming of court proceedings.
The Supreme Court granted four (4) weeks’ time to the Union Government to file its counter affidavit in a plea filed by lawyer Meera Kaura Patel, contending that the age restriction of 35 years under Section 4(3)(i) of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 for conducting pre-conception and pre-natal diagnostic test is a restriction on the reproductive rights of women.
The Supreme Court commented critically on the conduct of BJP leader Ashwini Upadhyay in filing different petitions before different benches of Supreme Court and the Delhi High Court on the same subject of religious conversions.
The Supreme Court dismissed an SLP filed by BJP Leader Syed Shahnawaz Hussain in connection with an alleged 2018 rape case. Hussain had approached the top court challenging an order of the Delhi High Court directing registration of FIR against him.
Joshimath Crisis | Supreme Court Refuses To Intervene, Allows Petitioner To Approach High Court
The Supreme Court of India refused to entertain the petition pertaining to the recent land sinking incidents in Joshimath on the ground that the Uttarakhand High Court was already seized of the matter.
Supreme Court Dismisses PIL Seeking To Bring UP CM Under Purview Of UP Lokayukta Act
Supreme Court of India refused to entertain a petition seeking to bring the office of Chief Minister in the purview of Lokayukta Act of the State of Uttar Pradesh. The matter was listed before a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala.
Buffer Zone : Supreme Court Refers Pleas To Modify 1 KM ESZ Mandate To 3-Judge Bench
The Supreme Court directed the batch of pleas seeking a relaxation of the directive to declare one kilometre around protected forests as ecologically sensitive zones (ESZ) to be listed before a combination of three Judges.
Supreme Court Refuses To Pass Order Allotting Father's Chambers To Daughter Pursuing Law
The Supreme Court of India asked the daughter of a deceased Advocate seeking allotment of her father's chambers (Supreme Court) to write to Lawyers' Chambers Allotment Committee of the Court.
Bhima Koregaon Case Accused Cite Anand Teltumbde Order To Seek Bail; Supreme Court To Hear On Jan 30
“We are in 2023 now and still, charges have not yet been filed,” Senior Advocate Rebecca John told the Supreme Court while appearing for activist and Bhima Koregaon accused Vernon Gonsalves, who has been lodged in jail since August 2018 for charges under the Unlawful Activities (Prevention) Act, 1967.
Voters Given Prior Notice Before Deleting Their Names From Electoral Roll : ECI Tells Supreme Court
In a plea seeking a common electoral roll for parliamentary, assembly and local body polls, the Election Commission of India has recently filed its counter affidavit.
Delhi Govt vs Centre : How The Interpretation Of "In So Far As" In Article 239AA Might Be Crucial
The case concerning the dispute between the Delhi Government and the Union Government regarding control of administrative services in the National Capital Territory of Delhi is being heard in the Supreme Court of India before a Constitution Bench. The five-judge bench hearing the matter comprises Chief Justice DY Chandrachud and Justices M. R. Shah, Krishna Murari, Hima Kohli, and P. S. Narasimha.
Before Supreme Court, Centre Objects To Delhi CM's Protests Against LG Amidst Hearing
The Central Government raised objections before the Supreme Court to the Delhi Chief Minister Arvind Kejriwal holding public protests against the Lieutenant Governor in the middle of the hearing in the dispute related to control of civil services in the Government of National Capital Territory of Delhi.
Amidst confusion created by reports that the Centre has written to the CJI asking for its representatives to be placed in the collegium for selecting judges, Union Law Minister Kiren Rijiju has made a clarification.
The Supreme Court of India sought the stand of the Centre and the National Medical Commission on a plea against a circular retrospectively requiring foreign medical graduates without clinical training to undergo a Compulsory Rotatory Medical Internship (CRMI) for two years instead of one.
Plea Challenging National-Level Identification Of Minorities : Supreme Court Adjourns To March 21
The Supreme Court of India, while adjourning the batch of petitions challenging nation-wise identification of minorities to 21st of March, ordered that if the 6 remaining states/UTs, who have not responded to the Centre’s letter seeking comments on the issue of 'identification and notification of religious and linguistic minorities’, do not respond before the next hearing, then the court would presume that they have nothing to say in the matter.
The Attorney General for India Senior Advocate R Venkataramani, while appearing for Centre in a batch of petitions seeking district-wise identification of minorities before the Supreme Court of India informed the bench of Justices Sanjay Kishan Kaul, Abhay S. Oka and JB Pardiwala that he was part of a committee headed by Prof. N.R. Madhava Menon for the Equal Opportunities Commission as an Expert Member.
The Supreme Court has listed the plea filed by journalist Rana Ayyub challenging the summons issued to her by the Ghaziabad court on 23rd January. The matter was mentioned before a bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha by Senior Advocate Vrinda Grover for an early listing.
“We don’t believe in unnecessarily putting people behind bars. Bail matters should not go on and on and should not be dealt with in this manner", the Supreme Court orally remarked while hearing applications filed in relation to bail granted in Delhi riots larger conspiracy case.
The bike taxi aggregator Rapido, has approached the Supreme Court of India against the Bombay High Court order which had directed it to shut down all its services in the State of Maharashtra as it was functioning without any license.
6 Days after the Supreme Court decided to hear a plea challenging the caste-based census in Bihar on January 20, another plea in the nature of Public Interest Litigation (PIL) has been moved before it challenging the Nitish Kumar-led government decision to conduct a caste-based census in the state.
The Supreme Court dismissed two special leave petitions filed by fugitive businessman Vijay Mallya, after his lawyer informed the bench that he has received no instructions from the client despite several attempts.
The Supreme Court resumed hearing on the dispute between the Delhi government and the union government regarding control of administrative services in the National Capital Territory of Delhi
A Constitution Bench of the Supreme Court commenced with the hearing of the Miscellaneous Application seeking modification of the guidelines for Living Will/Advance Medical Directive that was issued by way of its judgment recognizing 'passive euthanasia' in Common Cause v. Union of India And Anr.
Arbitration Agreements Liable To Stamp Duty : Amicus Curiae Tells Supreme Court Constitution Bench
A Constitution Bench of the Supreme Court commenced with the hearing of reference, which pertains to the issue - whether the arbitration clause in a contract, which is required to be registered and stamped, but is not registered and stamped, is valid and enforceable.
The Kerala High Court's observation that Bishops have no power to alienate the assets of church is against an earlier judgment of the High Court itself which held that church assets are not public trusts, submitted a Catholic diocese before the Supreme Court.
Supreme Court Allows NGT Judicial Member To Continue Beyond Term Till Appointment Of New Member
Supreme Court of India directed that the National Green Tribunal to allow Justice Sheo Kumar Singh to hold office as a member of the tribunal until the process of selection of the Judicial Members was completed and the new Judicial Members took charge.
The Supreme Court directed a batch of applications seeking, inter alia, an enhancement of the number of seats reserved for promotion to higher judicial services through a limited departmental competitive examination (LDCE), and the reduction in the requirement of 10 years minimum qualifying service to seven years for successful LDCE candidates.
The Central Government has filed a counter-affidavit in the Supreme Court justifying the ban imposed on Students Islamic Movement of India(SIMI). Extensively referring to the Constitution of SIMI, which speaks of objectives like "establishment of Islamic system in my country", the Centre said that such a Constitution "must be seen as in direct conflict with the democratic sovereign setup of India and should not be allowed to be perpetuated in our secular society".
The Supreme Court expressed surprise at the plea made by the Central Government to refer the 2018 judgment in the GNCTD vs Union of India case to a larger bench, at the fag end of the hearing in the dispute relating to control of civil services in the Delhi Government.
The Supreme Court agreed to hear the petition filed by State of Andhra Pradesh challenging the High Court order staying the Govt Order which restricted public meetings on roadsides.
Supreme Court judge Justice Dinesh Maheshwari expressed displeasure at the conduct of Senior Advocate Vikas Singh, the President of the Supreme Court Bar Association, in raising an "unnecessary" objection about the order of hearing of cases in the court.
Google v CCI | Supreme Court Agrees To Hear Stay Application On Merits
The Supreme Court resumed hearing the tech-giant Google's plea challenging the order of National Company Law Appellate Tribunal (NCLAT) which declined to stay the Competition Commission of India’s (CCI) decision to impose Rs 1,338 crore penalty on it for unfair and anti-competitive practices in relation to Android phones.
The Supreme Court of India heard a petition seeking implement of the order dated 22.07.2022 which had directed the Center and the States to pay judicial officers pension as per the enhanced pay scale as recommended by the Second National Judicial Pay Commission. The matter was listed before a bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha.
The Supreme Court of India agreed for an early listing of a petition seeking to hold local body polls in the State of Maharashtra. The matter was mentioned before a bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha.
The Supreme Court reserved its judgment on the dispute between the Delhi government and the union government regarding control of administrative services in the National Capital Territory of Delhi.
A Constitution Bench of the Supreme Court continued with the hearing of the Miscellaneous Application seeking modification of the guidelines for Living Will/Advance Medical Directive that was issued by way of its judgment recognising 'passive euthanasia' in Common Cause v. Union of India And Anr.
Senior Advocate Vikas Singh, the President of the Supreme Court Bar Association has written a letter to the Chief Justice of India Dr DY Chandrachud regarding the listing and hearing of two urgent matters pertaining to the "lives and livelihoods" of the SCBA members. Through the letter, Senior Advocate Vikas Singh has said that he hopes that SCBA is not forced to resort to protesting due to not being treated as an ordinary litigant, and being given an unfair treatment by not being given its due importance.
The Supreme Court has issued notice in a Special Leave Petition filed by employees of Air India Limited against the judgment and order dated 20-09-2022 of the Bombay High Court which held that Writ Petitions are not maintainable against the airline because of the subsequent privatisation of Air India Limited.
The Supreme Court reserved its judgement in a Special Leave Petition filed by George Alencherry, the Major Archbishop of Syro-Malabar Church against the judgment delivered by the Kerala High Court in August 2021 which refused to quash the criminal cases over the irregularities in the sale of properties belonging to Ernakulam-Angamalay Archdiocese.
The Supreme Court constituted a five member Supervisory Committee for the protection and renovation of several heritage sites in the State of Rajasthan. The top court also appointed Former Chief Justice of the Bombay and Rajasthan High Courts Pradeep Nandrajog as head of the Committee.
A Constitution Bench of the Supreme Court continued hearing submissions made by the Amicus Curiae, Senior Advocate, Mr. Gourab Banerji in a 3-Judge reference which raised the issue - whether the arbitration clause in a contract, which is required to be registered and stamped, but is not registered and stamped, is valid and enforceable.
The Supreme Court reserved judgment on the petition filed by Ashish Mishra, son of Union Minister Ajay Mishra, seeking bail in the Lakhimpur Kheri case related to the killing of five persons.
Senior Advocate Kapil Sibal told the Supreme Court that IPL founder Lalit Modi has made "scurrilous allegations" against Senior Advocate Mukul Rohatgi in social media, violating an undertaking given to the Court that he will refrain from making such statements.
“It is not just about money or compensation. What is also crucial is preserving his self-esteem and dignity, and making him feel like a part of society. The inherent worth of the individual has to be recognised,” said Justice S. Ravindra Bhat, while hearing a plea for compensation and medical aid by an ex-serviceman who has claimed that he contracted HIV-AIDS after a blood transfusion at a field hospital, while he was deployed at the borders during Operation Parakram.
Solicitor General of India Tushar Mehta informed the Supreme Court that the process to consider national heritage status for 'Ram Setu' is underway in the Ministry of Culture. A bench led by Chief Justice of India DY Chandrachud was considering a petition filed by Rajya Sabha MP Dr.Subramanian Swamy.
Disqualified Lakshadweep MP Moves Supreme Court Challenging ECI Announcing Bye-Election
Former Member of Parliament from from Lakshadweep, Mohammed Faizal, has approached the Supreme Court challenging the notification issued by the Election Commission of India notifying bye-elections for the constituency, following his disqualification as an MP due to conviction in an attempt to murder case.
The Supreme Court considered the Malik Mazhar Sultan vs UP Public Service Commission case, in which it has been passing various orders from time to time regarding the filling up of judicial vacancies in trial courts.
A 20-year old unmarried woman approached the Supreme Court seeking permission to terminate 29-week pregnancy. The matter was mentioned before Chief Justice of India DY Chandrachud for urgent listing.
The Supreme Court Collegium has expressed its disagreement with the Centre which returned the proposal to appoint gay Advocate Saurabh Kirpal as a Judge of the Delhi High Court, based on his openness about his sexual orientation.
The Supreme Court Collegium has reiterated its last year’s recommendation to the Centre to appoint Advocate Somasekhar Sundaresan as Judge of the Bombay High Court holding that his views on social media cannot be used to infer he’s highly biased opinionated person.
The Supreme Court Collegium has said that it is not open to the Department of Justice to repeatedly send back the same proposal which has been reiterated by the Collegium after duly considering the objections of the Government.
The study conducted by the Justice Ranganath Misra Commission, which, in its 2007 report, endorsed the extension of reservation benefits to Dalits who converted to Islam or Christianity, failed to focus on certain ‘intrinsic issues’, the centre told the Supreme Court.
The Supreme Court Collegium has reiterated its recommendation for elevation of Advocate R. John Sathyan as a Madras High Court Judge, after Centre returned the file citing an online article critical of Prime Minister Narendra Modi that was shared by Sathyan.
In Ashish Mishra's bail hearing in connection with the Lakhimpur Kheri incident, Senior Advocate Dushyant Dave, for the victims, told the Supreme Court that if Mishra is to be released while on murder charges, there should be consistent law and the Delhi riots accused, as also the 13,000 undertrials for murder languishing in UP jails should be accorded the same treatment.
A Constitution Bench of the Supreme Court continued with the hearing of the Miscellaneous Application seeking modification of the guidelines for Living Will/Advance Medical Directive that was issued by way of its judgment recognising 'passive euthanasia' in Common Cause v. Union of India And Anr.
Additional Solicitor General of India N Venkataraman appeared for the CCI. At the outset, he submitted that CCI had relied upon a similar order passed by the European Commission. In 2018, when the European Commission had passed its order against Google, Google accepted the order, implemented the directions, and adopted all changes. However, he submitted that Google was not extending the same courtesy to India and similar conduct was not followed when the Indian Competition Commission gave directions against Google.
A Constitution Bench of the Supreme Court continued hearing submissions made by the Amicus Curiae, Senior Advocate, Mr. Gourab Banerji in a 3-Judge reference which raised the issue - whether the arbitration clause in a contract, which is required to be registered and stamped, but is not registered and stamped, is valid and enforceable.
Amid the continuing impasse over the Sutlej-Yamuna Link (SYL) canal, the Haryana government informed the Supreme Court that bilateral talks with its neighbouring state Punjab had failed to yield any meaningful outcome, and urged the top court to consider issuing directions that would require the Punjab government to complete the remaining portion of the canal, pursuant to a 2002 ruling.
In a first, the Supreme Court collegium has put on record the reasons to reject the objections raised by the Central Government to recommendations made regarding judges appointment.
The Supreme Court agreed to list on January 27 the writ petition filed by former Member of Parliament from Lakshadweep, Mohammed Faizal, challenging the press release issued by the Election Commission of India announcing bye-elections for the constituency, following his disqualification as an MP due to conviction in an attempt to murder case.
The Supreme Court refused to interfere with Andhra Pradesh High Court order staying the Govt Order which restricted public meetings on roadsides, having regard to the fact that the petition is posted for hearing before the High Court on January 23.
The Supreme Court refused to entertain petitions challenging the Bihar Government’s decision to conduct a caste-based census in the State.
‘Justice Hrishikesh Roy Is A Theatre Person' : Justice KM Joseph Reveals 'Secret'
During the course of a hearing before the Constitution Bench of the Supreme Court, Justice K.M. Joseph disclosed that his fellow Judge, Justice Hrishikesh Roy is a theatre enthusiast. In this discussion, interest of other Judges and jurists also come to the forefront.
Supreme Court Dismisses PIL Seeking 'One Person One Car' Regulation
Supreme Court bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha refused to entertain a Public Interest Litigation seeking effective tax regulations on the sale of personal cars and allowing only one personal car per person.
Supreme Court Collegium’s Landmark Reiterations Show It Is No Longer Pusillanimous
Reiteration of a recommendation by the Collegium means that having reconsidered a previous recommendation in the light of reservations expressed by the Executive, the Collegium found little substance in those reservations. A recommendation, so reiterated, is binding on the Executive, which had dissented with the Collegium on its merits earlier.
Supreme Court bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha issued notice in a contempt petition filed against the Uttar Pradesh Director General of Prisons (DGP). The petition had alleged that the DGP did not comply with the earlier orders of the Apex Court issuing strict directions to the DGP of Uttar Pradesh to take all necessary steps to ensure that applications for premature release or remission were duly considered.
The Supreme Court of India refused to stay a circular issued by Jammu & Kashmir government directing deputy commissioners to remove encroachments on State Land including Roshni Land and Kachharie land by January 31, 2023.
The Supreme Court refused to entertain in plea filed by Rajiv Gandhi National University of Law, Patiala challenging order of the Punjab and Haryana High Court to charge only 50% of the hostel rent from the students for the COVID period and refund the remaining amount within a period of four weeks.
The Supreme Court issued notice in a plea, inter alia, challenging Section 2(s) of the Surrogacy (Regulation) Act, 2021 to the extent that it excludes unmarried women from the ambit of the definition of ‘intending woman’.
“In difficult periods in our history, it is Article 226 and the basic structure doctrine that have come to the aid of society and the people at large, and I have no hesitation in saying this,” said Supreme Court judge Justice Sanjay Kishan Kaul on January 19 while hearing a petition raising the question of whether the jurisdiction of high courts is altogether excluded because of a statutory provision for direct appeal at the Supreme Court against an order of the Armed Forces Tribunal.
A petition has been filed before the Supreme Court, inter alia, 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.
“It is estimated that more than one per cent of the country’s population is homeless. With the onset of winter, I myself saw so many people out on the streets, sleeping in the biting cold,” Advocate Prashant Bhushan told the Supreme Court while urging it to, inter alia, direct North Indian states to furnish status reports on the temporary measures adopted by them to protect the urban houseless from the harsh winter.
The recent resolutions published by the Supreme Court Collegium have been making headlines as these are unprecedented instances of the Collegium publicising both the objections raised by the Central Government and its responses to them. The Collegium showed laudable temerity in calling out certain frivolous and unacceptable grounds of objection- such as sexual orientation of a candidate, the views expressed by one candidate in social media and the act of another candidate sharing an article criticising the Prime Minister.
Chief Justice of India Dr DY Chandrachud has called the ‘basic structure doctrine’ a north star “which guides and gives a certain direction to the interpreters and implementers of the Constitution when the path ahead is convoluted.”
Chief Justice of India DY Chandrachud sought democratization of the legal profession by removing feudalistic remnants like monetary barriers and access to equal opportunity for first generation lawyers.
While inaugurating NALSA’s First Regional Conference for the year 2023 titled ‘Northern Regional Conference on Enhancing Access to Justice’ organised by the Uttar Pradesh State Legal Services Authority at Varanasi, Justice Sanjay Kishan Kaul, Judge, Supreme Court of India & Executive Chairperson NALSA, said that to dispose of the pending cases on bail and remission, some kind of a revolution, an out of the box thinking, was required or it it would take 500 or even 700 years for the judiciary to dispose them.
Challenge Against Assam Delimitation To Be Heard By Supreme Court In March
The delimitation exercise that the government has reinitiated in the state of Assam is being conducted in the backdrop of political disturbance, with multiple districts being notified as disturbed and the consequent extension of the Armed Forces (Special Powers) Act, 1958 to those districts, Senior Advocate Maneka Guruswamy told the Supreme Court while assailing the process of delimitation of the assembly and parliamentary constituencies that was started by the Election Commission in December last year.
Chief Justice of India Dr. D. Y. Chandrachud unveiled two handbooks on civil and criminal law practice in an event organized by the Bar Council of Maharashtra and Goa (BCMG).
While speaking at the NALSA’s First Regional Conference for the year 2023 titled ‘Northern Regional Conference on Enhancing Access to Justice’ organised by the Uttar Pradesh State Legal Services Authority at Varanasi, Justice Sanjiv Khanna said that despite the country's per capita lawyer ratio being far better than most other countries in the world, it faces a crisis in legal aid for the underprivileged.
