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Supreme Court Weekly Round-Up (20 May-25 May, 2024)
Gyanvi Khanna
30 May 2024 9:57 AM IST
With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest, dedicated to keeping our readers abreast of the most recent legal developments in the country's apex court. 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, providing...
With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest, dedicated to keeping our readers abreast of the most recent legal developments in the country's apex court. 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, providing a succinct overview.
Orders/ Judgments
Supreme Court Quashes Conviction For Stalking Due To Marriage Between Convict & Complainant
Case Title: DASARI SRIKANTH v. STATE OF TELANGANA
The Supreme Court recently quashed the conviction of a man for the offence of stalking (Section 354D) and criminal intimidation (Section 506) of the Indian Penal Code after noting that the convict and the complainant married each other during the pendency of the appeal before the Supreme Court.
Case Details: VISHAL TIWARI VS. UNION OF INDIA., Diary No. 454-2024
The Supreme Court refused to entertain a petition challenging the new criminal laws which have been enacted by the Parliament to replace the Indian Penal Code 1860, Indian Evidence Act 1872 and the Code of Criminal Procedure 1973.
Case Title: AJWAR Versus WASEEM AND ANOTHER
Coram: Justices Hima Kohli and Ahsanuddin Amanullah
In a recent decision, the Supreme Court observed that the same Court which granted bail to an accused can cancel the bail if there are serious allegations against him although the accused has not misused the bail.
Case Title: M/s Sundew Properties Limited v. Telangana State Electricity Regulatory Commission & Anr, CIVIL APPEAL NO. 8978/2019
Coram: Justices Sanjiv Khanna and Dipankar Datta.
The Supreme Court recently held that SEZ developers, though conferred the status of "deemed distribution licensee" under the Electricity Act, must apply in terms of applicable Regulations and be scrutinized. The court further distinguished between regular distribution licensees and deemed distribution licensees to set aside a pre-condition imposed on an applicant requiring infusion of additional capital to be recognized as a "deemed distribution licensee".
Case Title: PRITI AGARWALLA AND OTHERS v. THE STATE OF GNCT OF DELHI AND OTHERS., CRIMINAL APPEAL NO (S). 348 OF 2021
The Supreme Court, while deciding a case arising out of a complaint made for an offence under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (Act), observed that an allegation of insult has to satisfy the requirement of having been made within public view.
Case : Ajay Ajit Peter Kerkar v. Directorate of Enforcement and another
Coram: Justices Abhay S Oka and Ujjal Bhuyan
The Supreme Court has reiterated that the benefit of Section 436A of the Code of Criminal Procedure is applicable even to an accused under the Prevention of Money Laundering Act, 2002 (PMLA).
Case Title: IN RE RECRUITMENT OF VISUALLY IMPAIRED IN JUDICIAL SERVICES SMW(C) No. 2/2024
Coram: Justices P.S. Narasimha and Sanjay Karol
The Supreme Court resumed its hearing in a suo motu matter regarding a rule in the State of Madhya Pradesh that excludes visually impaired and no-vision candidates from seeking appointment to judicial services.
Supreme Court Dismisses Petitions To Review Article 370 Verdict
Coram: Chief Justice of India DY Chandrachud, Justices Sanjiv Khanna, BR Gavai, Surya Kant and AS Bopanna
The Supreme Court has dismissed the petitions seeking review of its judgment upholding the abrogation of the special status of Jammu and Kashmir under Article 370 of the Constitution.
Case Title: TAMIL NADU MEDICAL SERVICES CORPORATION LIMITED Versus TAMIL NADU MEDICAL SERVICES CORPORATION EMPLOYEES WELFARE UNION & ANR.
Coram: Justices Sanjay Karol and PB Varale
In a recent decision relating to the grant of permanent status to the workmen employed in the industrial establishments in the State of Tamil Nadu, the Supreme Court held that the TN Medical Services Corporation could not deny the permanent status to the workmen if they have worked consecutively for more than 480 days in a period of twenty-four calendar months in the commercial establishment engaged in other activities apart from the construction activities being undertaken for making some monetary gain.
Review Petition Filed Against Supreme Court's Decision Upholding Lucknow-Akbarnagar Demolition Drive
Case Title: Raju Sahu & Ors v. State of Uttar Pradesh
Coram: Justices Sanjiv Khanna and Dipankar Datta
In the latest development, a review petition has been filed against the Supreme Court's ruling which upheld the demolition drive of the Lucknow Development Authority (LDA) against alleged unauthorized constructions in the Akbarnagar area of Lucknow city.
BREAKING | Supreme Court Refuses To Entertain Hemant Soren's Petition Challenging ED Arrest
Case Title: Hemant Soren v. Directorate of Enforcement and Anr., SLP(Crl) No. 6611/2024
Coram: Justices Dipankar Datta and Satish Chandra Sharma
The Supreme Court dismissed as withdrawn former Jharkhand Chief Minister Hemant Soren's petition challenging his arrest by the Enforcement Directorate (ED) in a money laundering case related to an alleged land scam in Jharkhand.
Case Details : UNION OF INDIA VS. BARAKATHULLAH SLP(Crl) No. 014036 - 014040 / 2023
Coram: Justices Bela Trivedi and Pankaj Mithal
The Supreme Court set aside the Madras High Court order granting bail to 8 men allegedly belonging to the banned Popular Front of India (PFI) charged under the Unlawful Activities Prevention Act (UAPA). The Court cancelled the bail of the persons stating that the allegations of collecting funds to commit terrorist acts against them appeared to be 'prima facie true'.
Case Title: C. SUBBIAH @ KADAMBUR JAYARAJ AND OTHERS VERSUS THE SUPERINTENDENT OF POLICE AND OTHERS
Coram: Justices BR Gavai and Sandeep Mehta
In a recent decision related to the Benami Act, the Supreme Court held that the person claiming to be the owner of the Benami property cannot institute a suit/proceedings against the person in whose name the properties are held.
Case Details : DR. VIMAL SUKUMAR VS. D LAWRENCE Diary no. 16987/2024 and Other Connected Matters
Coram: Justices Bela Trivedi and Pankaj Mithal
The Supreme Court restrained the interim committee of Retired High Court Judges appointed to oversee the elections to the synod of the Church of South India (CSI) from taking any steps towards holding elections to the synod or dealing with the administration of the CSI as an interim measure.
Case Title: VIJAY KUMAR VS. THE STATE OF HIMACHAL PRADESH, Crl.A. No. 002568 / 2024
Coram: Justices Abhay S. Oka and Ujjal Bhuyan
In a recent case concerning an offence of rape, the Supreme Court observed that the conviction can't be set aside if the accused statements recorded under Section 313 of CrPC (stating that there was a prosecutrix consent to perform sexual intercourse) are not put to use in evidence by the accused in the form of suggestion while cross-examining the prosecutrix.
Case Details: Association for Democratic Reforms v. Union of India | WP(C) 1382 of 2019
Coram: Justices Dipankar Datta and Satish Chandra Sharma
Expressing reluctance to interfere in the middle of the election process, the Supreme Court adjourned an application seeking directions to the Election Commission of India to publish the booth-wise absolute numbers of voter turnout and upload the Form 17C records of votes polled on its website.
Supreme Court Stays Uttarakhand High Court's Order For Its Relocation Out Of Nainital
Case Title: HIGH COURT BAR ASSOCIATION VS. STATE OF UTTARAKHAND., case Title: DIARY NO. - 22967/2024
Coram: Justices P.S. Narasimha and Sanjay Karol
The Supreme Court stayed the Uttarakhand High Court's order asking the State government to find a suitable place to shift its premises out of Nainital. The High Court, in its order, highlighted that shifting is necessary in the larger public interest. Challenging this order, the High Court Bar Association of Uttarakhand moved the Supreme Court.
Case Details : N. KIPGEN AND ORS. Versus VINEET JOSHI AND ORS. Diary no 19206/2023 & Connect Matter
Coram: Justices Bela M Trivedi and Pankaj Mithal
The Supreme Court refused to entertain a contempt petition alleging inaction on part of state of Manipur to protect the properties of displaced persons amidst the ongoing ethnic violence in the state. Considering that the alleged encroachers to the property were not made party in the present contempt proceedings, the Court dismissed the petition and asked the petitioners to first seek appropriate legal remedies against the alleged encroachments.
Supreme Court Issues Notice On Plea Seeking OBC Reservation For Settibalija Community In Telangana
Case: TELANGANA SETTIBALIJA SANKSHEMA SANGHAM VERSUS THE STATE OF TELANGANA & ORS. R |Writ Petition(s)(Civil) No(s). 315/2024
The Supreme Court issued notice in a writ petition filed by the Telangana Settibalija Sankshema Sangham (TSSS) against the State of Telangana challenging the denial of reservation and other OBC rights to the marginalized toddy-tapper Settibalija community ever since the reorganization of Andhra Pradesh in 2014.
Principles Relating To Dying Declaration : Supreme Court Explains
Case Title: RAJENDRA S/O RAMDAS KOLHE VERSUS STATE OF MAHARASHTRA
Coram: Justices Abhay S Oka and Ujjal Bhuyan
The Supreme Court held that corroboration of the dying declaring statement isn't required when it inspires the confidence of the court to convict the accused.
News Update
Coram: Justices P.S. Narasimha and Sanjay Karol
Today, the Supreme Court, while hearing a civil appeal, orally stressed that the young members of the bar should be given the opportunity to argue during vacation time.
Advocate Mehmood Pracha, who contested in the Lok Sabha elections as an independent candidate from Rampur(UP) constituency, has filed an intervention application in the Supreme Court saying that the Returning Officer has not furnished to him the copies of the Form 17C record of votes polled in the constituency.
Case Title: Hemant Soren v. Directorate of Enforcement and Anr., SLP(Crl) No. 6611/2024
Coram: Justices Sanjiv Khanna and Dipankar Datta
In the latest development, the Enforcement Directorate has filed a reply before the Supreme Court, opposing the interim bail plea of former Jharkhand Chief Minister Hemant Soren, who is in judicial custody since his arrest by the agency in a money laundering case related to an alleged land scam.
Case Title : Pukhraj v. State of Rajasthan
Coram: Justices JB Pardiwala and Manoj Misra
The Supreme Court has held that an order passed under the Narcotic Drugs and Psychotropic Substances Act 1985 (NDPS Act) for the confiscation of a vehicle will be illegal if it was passed without hearing the owner of the vehicle.
Case Title: Hemant Soren v. Directorate of Enforcement and Anr., SLP(Crl) No. 6611/2024
Coram: Justices Dipankar Datta and Satish Chandra Sharma
While hearing former Jharkhand Chief Minister Hemant Soren's petition challenging his arrest by the Enforcement Directorate (ED), the Supreme Court asked if the validity of arrest can be examined after the trial court has taken cognizance of the ED complaint and rejected the regular bail application of Soren.
Case Title: BASUDHA CHAKRABORTY & ANR. VERSUS NEETA CHAKRABORTY
Coram: Justices Dipankar Datta and Satish Chandra Sharma
Observing that the personal presence of the litigant suffering from ailments can be sought through a virtual medium when there's a facility in the High Court to appear through a virtual mode, the Supreme Court provided a relief to the litigant by staying an operation of the Calcutta High Court's order which had directed the personal appearance of the litigant.
Case Details: GANESHKUMAR RAJESHWARRAO SELUKAR & ORS. v. MAHENDRA BHASKAR LIMAYE & ORS., Diary No(s). 45299/2023
Coram: Justices P.S. Narasimha and Sanjay Karol
The Supreme Court ordered that it will hear a batch of an appeals against the Supreme Court against the judgment of the Bombay High Court(Nagpur Bench) which struck down Rule 6(1) of the Consumer Protection Rules, 2020, next week. Rule 6 talks about Qualification for Appointment, method of recruitment, procedure for appointment, term of office, resignation, and removal of the President and members of the State Commission and District Commission.
Case Title: JAMMU AND KASHMIR BANK LIMITED v. M/S HOTEL ALPINE RIDGE & ORS., Petition(s) for Special Leave to Appeal (C) No(s). 6897/2024
Coram: Justices Abhay S Oka and Ujjal Bhuyan
The Supreme Court, while hearing a SLP pertaining to the absence of Debt Recovery Tribunals within the Union Territories (UTs) of Jammu and Kashmir and Ladakh, was informed that these tribunals have not been established in a large number of States.
In a veiled reference to economist and member of the Prime Minister's Economic Advisory Council Sanjeev Sanyal's criticism of the Supreme Court's working hours, Justice Dipankar Datta today said that those who castigate the judiciary should work towards putting a stop to the delays caused by authorities in pursuing remedies before the court.
Case Title: ASHISH REDU VS. GOVERNMENT OF KARNATAKA., W.P.(C) No. 332/2024
Coram: Justices P.S. Narasimha and Sanjay Karol.
The Supreme Court issued notice in a writ petition filed challenging a notification issued by the Karnataka Government that required the medical students to fulfill one year of compulsory public rural service in order to be eligible for permanent registration with the Karnataka Medical Council.
Case: Association for Democratic Reforms v. Union of India | WP(C) 1382 of 2019
In the latest development, the Election Commission of India has opposed the plea for public disclosure of the copies of Form 17C (the statutory record of votes polled in a polling station).
The Bharatiya Janata Party (BJP) has approached the Supreme Court against the Calcutta High Court's order restraining it from printing certain derogatory advertisements against the Trinamool Congress (TMC), which are derogatory and violated the Model Code of Conduct during the Lok Sabha Elections, 2024.
