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Supreme Court Weekly Round-Up (22 July-27 July, 2024)
Gyanvi Khanna
28 July 2024 2:45 AM GMT
With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest to provide you with the latest judgments pronounced this week, including on the cases pertaining to genetically modified mustard and States' power to levy tax on mineral rights. This digest also aims to inform you about the latest orders and public interest litigation (PILs) filed in...
With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest to provide you with the latest judgments pronounced this week, including on the cases pertaining to genetically modified mustard and States' power to levy tax on mineral rights. This digest also aims to inform you about the latest orders and public interest litigation (PILs) filed in the Supreme Court during the past week, providing a succinct overview.
Judgments/ Orders
Case Title: ASSOCIATION FOR PROTECTION OF CIVIL RIGHTS (APCR) Versus THE STATE OF UTTAR PRADESH AND ORS., W.P.(C) No. 463/2024
The Supreme Court stayed the directions issued by Uttar Pradesh and Uttarakhand governments to the effect that eateries along the Kanwar Yatra route should display the names of the owners and staff outside the shops.
Supreme Court Grants Bail To Ashish Mishra In Lakhimpur Kheri Case, Permits Him To Stay In Lucknow
Case Title: Ashish Mishra Alias Monu v. State of U.P. SLP(Crl) No. 7857/2022
The Supreme Court granted bail to Ashish Mishra, son of former Union Minister Ajay Mishra, in the Lakhimpur Kheri violence case related to the killings of five persons in October 2021, when vehicles of his convoy allegedly ran over a group of farmers who were protesting against the farm laws.
Case Title: MAULIKKUMAR SATISHBHAI SHETH Versus INCOME TAX OFFICER ASSESSMENT UNIT 4(2) (6) AND ORS., SLP(C) No. 15471/2024
The Supreme Court issued notice on a plea challenging seizure of client's documents and issuance of notices by the Income Tax Department, pursuant to a search conducted at an Advocate's premises.
A bench of Justices Abhay S Oka and AG Masih passed the order, staying coercive action under the notices till pendency of the petition.
Case Title: SUBHASH CHANDRAN KR VERSUS UNION OF INDIA & ANR., Diary No. 32118-2024
In a Public Interest Litigation filed in connection with the landslide that occurred recently in Karnataka's Shirur village, where a Kerala truck driver, Arjun had been trapped under mudslide debris since July 16, the Supreme Court granted liberty to the petitioner to forthwith approach the Karnataka High Court at Bangalore and request that the Chief Justice immediately list the matter.
Case Details: AMARJEET GUPTA Versus ELECTION COMMISSION OF INDIA AND ORS., SLP(C) No. 13629/2024
The Supreme Court dismissed a Special Leave Petition (SLP) seeking a direction against Election Commission of India (ECI) to ensure that arrested political leaders are allowed to campaign via virtual conference mode. The Court orally remarked that petition has been filed with “malafide intentions.”
Case Title: Kaushik Narsinhbhai Patel & Ors. Versus M/s. S.J.R. Prime Corporation Private Limited & Ors., Civil Appeal No. 8176 of 2022
The Supreme Court held that a party whose right to file a written statement in a case has been forfeited cannot introduce his case indirectly through evidence or written submission. Such a party can still participate in the proceedings and cross-examine the complainant, but cannot indirectly introduce his case.
Case Title – Perichi Gounder v. State of Tamil Nadu., 2024 LiveLaw (SC) 498
The Supreme Court ordered the release of a TATA Tipper Lorry seized in September 2021 in connection with a criminal case in Tamil Nadu observing that keeping the vehicle idle was not in anyone's interest as it occupied public space within the Magistrate Court complex.
Case Title – The Law Association v. Director General Of Police., 2024 LiveLaw (SC) 499
The Supreme Court of India clarified that the Motor Accidents Claims Tribunal (MACT) has the discretion to release compensation all at once or in parts. A bench of Justice MM Sundresh and Justice Aravind Kumar was dealing with a petition contending that Rule 150A of the Central Motor Vehicles (Amendment) Rules, 2022 read with Annexure XIII interferes with the MACT's powers under Sections 168, 169, and 176 of the Motor Vehicles Act, 1988 to award compensation.
Case Title: AMIT RANA @ KOKA & ANR. Versus THE STATE OF HARYANA., 2024 LiveLaw (SC) 500
The Supreme Court held that when the sentencing court doesn't deem fit to impose a life sentence for committing an offence of attempt to murder, then the maximum sentence that can be imposed on the convict for committing an offence of attempt to murder could not extend beyond the period of 10 years.
Case Title – Parvinder Singh Khurana v. Directorate of Enforcement., SLP(Crl) No. 8007-8010/2024
In an important judgment, the Supreme Court on Tuesday (July 23) held that bail orders should not be normally stayed. Setting aside an order of the Delhi High Court which stayed the bail granted in a money laundering case, the Court stated that bail orders can be stayed only in exceptional circumstances.
Case Details: Gene Campaign & Anr. v. Union of India & Ors. [WP (C) No. 115/2004]
In a crucial development, the Supreme Court today (July 23) delivered a split verdict on petitions challenging the approval given by the Union Government to release genetically modified mustard.
While Justice BV Nagarathna quashed the approval given by the Genetic Engineering Appraisal Committee and the Ministry of Environment and Forests, Justice Sanjay Karol upheld the same.
Supreme Court Refuses To Cancel NEET-UG 2024, Says There's No Material To Show Systemic Breach
Case Details: VANSHIKA YADAV Versus UNION OF INDIA AND ORS. W.P.(C) No. 335/2024 And Other Connected Matters.
The Supreme Court refused to cancel the NEET-UG 2024 exam on the ground of paper leak and malpractices. The Court stated that there was no material to indicate that the leak was systemic affecting the sanctity of the entire exam.
Bihar Caste-Survey : Supreme Court To Consider To What Extent State Can Collect Citizen's Data
Case Details: Ek Soch Ek Paryas v. Union of India | Special Leave Petition (Civil) No. 16942 of 2023 (and connected matters)
The Supreme Court today granted leave in a batch of petitions challenging the constitutionality of a caste-based survey conducted by the State of Bihar in 2023. The matter has been posted to September 4.
Supreme Court Sets Aside NGT Orders Allowing Construction Of Tiracol Bridge In Goa's Querim Beach
Case Title – Goa Foundation v. Goa State Environment Impact Assessment Authority and Ors.
The Supreme Court set aside the National Green Tribunal's (NGT) orders dated January 22, 2020, and January 17, 2022, which had allowed the construction of the Tiracol bridge on Querim beach in Goa.
The NGT had previously permitted the construction of the bridge, citing its public utility and the assertion that it could be built without causing environmental damage, based on a report dated February 8, 2016, by the National Institute of Ocean Technology (NIOT), Chennai.
Supreme Court Directs NIC Officials To Interact With NCDRC President To Resolve E-Filing Issues
The President of the National Consumer Dispute Resolution Commission (NCDRC) Justice AP Sahi informed the Supreme Court that the obstacles in efficient e-filling at the consumer fora remained unresolved by National Informatics Centre (NIC).
Case Title: S. Tirupathi Rao vs M. Lingamaiah & Ors., SLP (Civil) Nos.19748-19749 of 2022
The Supreme Court bench of Justices Sanjiv Khanna and Dipankar Datta has interpreted Section 20 of the Contempt of Courts Act, 1971, and held that the action for contempt should be brought within a year, and not beyond, from the date on which the contempt is alleged to have been committed.
In this case, the first respondent filed a contempt petition in 2014 against the non-compliance of the High Court order issued in 2009. The respondent argued that the contempt petition is not time-barred because the non-compliance resulted in continuous wrong, which was upheld by a Single Judge of the High Court and then by a division bench of the High Court in review.
Promotion Effective From Date Of Grant, Not When Vacancy Is Created: Supreme Court
Case Title: Bihar State Electricity Board and Others v. Dharamdeo Das, CIVIL APPEAL NO. 6977 OF 2015., 2024 LiveLaw (SC) 506
While dealing with an appeal filed by the Bihar State Electricity Board against an employee who sought retrospective promotion, the Supreme Court recently reiterated that a promotion shall be effective from the date on which it is granted and not from the date when a vacancy occurs on the subject post or when the post itself is created.
Case details: Union of India & Others vs. Shishu Pal @ Shiv Pal, Civil Appeal No. 7933 of 2024.
The Supreme Court, while setting aside Gauhati High Court's order reinstating a Constable (GD) in the CRPF whose termination was ordered for withholding any material information, reiterated that the benchmark for appointment in the Law Enforcement Agency should be stringent than in routine vacancies.
Case Details: THE STATE OF HARYANA VS. UDAY PRATAP SINGH., DIARY NO. - 30656/2024
The Supreme Court expressed its intention to form a committee of independent persons who can negotiate with the farmers, who are protesting at the Punjab-Haryana border, and the governments to find a resolution to the issues.
Case Title: Abdul Mateen Siddiqui v. UoI And Ors. Diary No. 289/2023 and connected cases.
The Supreme Court stated that the authorities should ensure the rehabilitation of people before evicting them to secure land for the development of Haldwani railway station in Uttarakhand.
Case Title: Amita Singh v. The Wire Through its Editor Siddharth Bhatia And Anr. SLP(Crl) No. 6146/2023
The Supreme Court set aside the Delhi High Court order quashing the summons issued against the Editor and Deputy Editor of 'The Wire' in a criminal defamation case filed by ex-JNU Professor Amrita Singh.
The Bench of Justices M.M. Sundresh and Aravind Kumar observed that the High Court, in the impugned judgment, while finding fault with the reasoning adopted in issuing the summon, went ahead and decided the matter in merits holding that no case of defamation is made out. "We are of the view that the High Court has certainly exceeded its jurisdiction", the Court stated.
Case Title: Re Pension Benefits for Employees Retired from High Court of Bombay At Goa v. State of Goa And Ors. WP(C) No. 464/2023
The Supreme Court sought a response from the Chief Secretary of Goa Government over the non-implementation of directions for pay upgradation given by the Bombay High Court Chief Justice.
Supreme Court Asks Full Court Of MP High Court To Re-Consider Dismissal of 6 Women Judicial Officers
Case Title: IN RE: TERMINATION OF CIVIL JUDGE, CLASS-II (JR. DIVISION) MADHYA PRADESH STATE JUDICIAL SERVICE, SMW(C) No. 2/2023
The Supreme Court, in a suo motu writ petition registered regarding the simultaneous termination of services of 6 female civil judges in Madhya Pradesh, asked the full court of the MP High Court to reconsider the issue.
Supreme Court Refuses To Entertain Plea To Include Tribunals In National Judicial Data Grid
Case Details : KISHAN CHAND JAIN Versus UNION OF INDIA AND ORS. W.P.(C) No. 453/2024
The Supreme Court declined to hear a petition seeking the inclusion of Tribunals in the National Judicial Data Grid (NJDG).
The bench of CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra dismissed the petition considering that the NJDG is a part of the E-Courts project which only covers the functioning of Courts.
Case Title: BRS Ventures Investments Ltd. Versus SREI Infrastructure Finance Ltd. & Anr.
In a notable decision relating to the Insolvency & Bankruptcy Code of 2016, the Supreme Court held when that the insolvency resolution of a corporate guarantor will not prevent the creditor from initiating another insolvency process against the corporate debtor for the balance debt.
Case Title: VIJAY BHUSHAN GAUTAM VERSUS THE STATE OF UTTAR PRADESH & ANR., WP(Crl) No. 245/2024
In a notable case, the Supreme Court recently refrained from turning away a petitioner, who appeared in person, merely because he availed of a wrong remedy (a writ petition under Article 32) and allowed him to convert the writ petition into a special leave petition under Article 136 of the Constitution.
Case Details : Mineral Area Development v. M/S Steel Authority Of India & Ors (CA N0. 4056/1999)., 2024 LiveLaw (SC) 512
The Supreme Court 9-judge constitution bench today held by an 8:1 majority that States have the power to levy tax on mineral rights and that the Union law - Mines and Minerals (Development and Regulation) Act 1957 - do not limit such power of the States.
Kamlesh Tiwari Murder Case : Supreme Court Grants Bail To Alleged Conspirator
Case title: Syed Asim Ali vs. State of U.P 2024., CRIMINAL APPEAL NO.3012 OF 2024
The Supreme Court recently granted bail to a man who was accused as a conspirator behind the murder of Hindu Samaj Party leader Kamlesh Tiwari in 2019.
The Bench of Justices Abhay S Oka and Augustine George Masih observed that the accused has already been incarcerated for more than 4½ years. Apart from this, the Bench also took into account the allegations imputed against the appellant-accused. This involved staying in touch with the main accused and providing him with legal aid. Further, the Court noted that he had no criminal antecedents and the U.P. Gangsters and AntiSocial Activities (Prevention) Act, 1986 Act was not invoked against him.
Case Title: PAWAN AGARWAL VERSUS STATE OF UTTAR PRADESH, SLP (Crl.) No. 9625/2023
Interpreting its decision in High Court Bar Association, Allahabad v. State of U.P. & Ors., which overruled the 2018 judgment in Asian Resurfacing, the Supreme Court has held that if an interim protection order passed by a High Court stood automatically vacated pursuant to Asian Resurfacing but the trial has not been concluded, the vacation of stay shall be invalid and inoperative from the date of overruling.
Case details: UNION OF INDIA VS. JAI SHANKAR AGRAHARI., DIARY NO. - 10488/2021
The Supreme Court has expressed prima facie agreement with a judgment of the Allahabad High Court that Section 164(2) of the Companies Act 2013, which provides for the disqualification of directors (for five years) due to non-filing of balance sheets and annual returns for any continuous period of three financial years, has no retrospective application to the periods preceding Financial Year 2014-15.
Case Title: ABBAS ANSARI Versus THE STATE OF UTTAR PRADESH, Diary No. 21772-2024
The Supreme Court today issued notice on Uttar Pradesh MLA Abbas Ansari's plea seeking bail in a case involving allegations that his wife made unrestricted visits to him in Chitrakoot jail and he used her mobile phone to threaten witnesses and officials.
Case Details: SHRI GURUDATTA SUGARS MARKETING PVT. LTD. Versus PRITHVIRAJ SAYAJIRAO DESHMUKH & ORS., Crl.A. No. 003070 - 003071 / 2024
The Supreme Court held that an authorized signatory of the company could not be considered as a 'drawer' of cheque, and therefore, could not be directed to pay the interim compensation to the complainant under Section 143A of the Negotiable Instruments Act of 1881 (“NI Act”).
Case Title – Manharan Rajwade v. State of Chhattisgarh., Crl.A. No. 818/2019
The Supreme Court acquitted a man convicted for the murder of his wife based on circumstantial evidence of last seen theory observing that the prosecution failed to prove that he was the last person seen with his wife when she was alive.
NGT Has Duty To Ensure Environmental Clearance Is Lawfully Granted : Supreme Court
Case Title – Santosh Kumar Singh v. State Level Environmental Impact Assessment Authority and Ors.
The Supreme Court on Thursday (July 25) set aside the National Green Tribunal's (NGT) order that permitted the establishment of a Common Biomedical Waste Treatment Facility (CBWTF) in Azamgarh District, Uttar Pradesh.
Case Details: RAJINDER KAUR v. GURBHAJAN KAUR., Arising out of S.L.P.(C) Nos. 12198-12199 of 2018
The Supreme Court recently reiterated that there can't be partition of property by metes and bounds at Chandigarh. Hence, the only resolution in a suit seeking partition of joint property is sale by way of auction.
Case Title: ASSOCIATION FOR PROTECTION OF CIVIL RIGHTS (APCR) Versus THE STATE OF UTTAR PRADESH AND ORS., W.P.(C) No. 463/2024
The Uttar Pradesh government has defended, before the Supreme Court, its directives against eateries along the Kanwar Yatra route for the display of names, saying that the directives were issued to ensure that the religious sentiments of Kanwariyas aren't hurt, even accidentally, and to ensure peace and tranquillity.
Requirement That Judicial Officers Must Be Adept At Local Language Is Valid : Supreme Court
Case Title : THE LEGAL ATTORNEYS AND BARRISTERS LAW FIRM VS. UNION OF INDIA DIARY NO. - 53141/2023
The Supreme Court on Friday approved the requirements in various States that persons seeking appointment as judicial officers should be conversant with the local language.
A bench comprising Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra dismissed a petition challenging the condition imposed by the Public Service Commissions of the States of Punjab, Karnataka, Maharashtra and Odisha.
Case Details : STATE OF KERALA AND ANR. Versus UNION OF INDIA AND ORS. W.P.(C) No. 211/2024
The Supreme Court agreed to consider the writ petition filed by the State of Kerala challenging the action of the President of India in withholding assent for four bills and the action of the Kerala Governor in referring those bills to the President.
Case Details : THE STATE OF WEST BENGAL Versus SECRETARY TO THE GOVERNOR OF WEST BENGAL AND ANR. W.P.(C) No. 278/2024
The Supreme Court issued notice to the Secretary to the Governor of West Bengal and the Union through the Ministry of Home Affairs in the State Government's challenge against the withholding assent on eight bills relating to University Laws in the State.
Case Title: ASSOCIATION FOR PROTECTION OF CIVIL RIGHTS (APCR) Versus THE STATE OF UTTAR PRADESH AND ORS., W.P.(C) No. 463/2024
The Supreme Court extended the interim order staying the directives of the Uttar Pradesh and Uttarakhand governments that the eateries along the Kanwariya pilgrim route must display the names of the owners and the staff.
Supreme Court Dismisses Challenge To 70% LL.B Marks Requirement For MP Civil Judge Exam
Case Details : VARSHA PATEL Versus STATE OF MADHYA PRADESH AND ANR. SLP(C) No. 14322/2024
The Supreme Court refused to entertain a petition challenging the eligibility requirement of 70% marks in LLB to appear for entry-level posts in the Madhya Pradesh Judicial Services. The Court opined that such an eligibility rule ensures that better people join the judiciary.
Case Details: Tushar Gandhi v. State of Uttar Pradesh, Writ Petition (Criminal) No. 406 of 2023
The Supreme Court, while hearing the Muzaffarnagar student slapping case, categorically told the State of Uttar Pradesh to find someone who can sponsor the school education of the victim child.
Case Details : KALANITHI MARAN Versus AJAY SINGH AND ANR. SLP(C) No. 14936/2024
The Supreme Court stressed on the need for High Courts to ensure that orders dealing with challenges to arbitral awards precisely reflect adequate application of judicial mind on the merits of the case.
Case Title – In Re Compensation Amounts Deposited With Motor Accident Claims Tribunals And Labour Courts
The Supreme Court sought suggestions to ensure that the compensation awarded by the Motor Accident Claims Tribunals (MACTs) and labour courts across the country is received by the beneficiaries.
A bench of Justice Abhay Oka and Justice Agustine George Masih appointed Senior Advocate Menakshi Arora as Amicus Curiae in a suo moto case regarding substantial amounts of unclaimed compensation lying with MACTs and labour courts.
Supreme Court Suggests Use Of Remote Sensing Technology In Delhi-NCR to Combat Vehicular Pollution
Case Title – MC Mehta v. Union of India & Ors., Writ Petition (Civil) No. 13029/1985
The Supreme Court suggested the use of remote sensing technology within the National Capital Region (NCR) to combat vehicular pollution and directed the Centre to take a decision on this issue within two months.
A bench of Justice Abhay Oka and Justice AG Masih directed the Secretary of the Ministry of Road Transport and Highways (MoRTH) to immediately convene a meeting with counterparts in the NCR states for this purpose. Copies of the order are to be sent to the NCR authorities to ensure their cooperation.
Case Title – MC Mehta v. Union of India & Ors., Writ Petition (Civil) No. 13029/1985
The Supreme Court removed the condition it had imposed by an order dated August 10, 2017, that required a Pollution Under Control (PUC) certificate as a prerequisite for availing third-party insurance for vehicles.
The bench comprising Justice AS Oka and AG Masih allowed an application filed by the General Insurance Council, which highlighted concerns about the 2017 order.
Case Title – MC Mehta v. Union of India & Ors., Writ Petition (Civil) No. 13029/1985
Deploring the sorry state of affairs in the national capital regarding the treatment of solid waste, the Supreme Court on Friday (July 26) directed the Secretary of the Union Ministry of Environment to convene an immediate meeting with officials of the Delhi government, the Commissioner of the Municipal Corporation of Delhi(MCD) and other MCD officers to devise an urgent solution to this crisis.
Benefits Of Regularisation Policy Must Be Equally Granted To All Eligible Employees: Supreme Court
Case Title – State of Madhya Pradesh & Ors. v. Shyam Kumar Yadav & Anr., Special Leave to Appeal (C) No. 25609/2018
The Supreme Court observed that while daily wage employees do not have a legally vested right to seek regularisation, benefits of any policy decision for regularization taken by the competent authority must be extended to all eligible individuals.
Supreme Court Grants Bail To Accused In 1032 Crores GST Input Fraud Case
Case Details : ASHUTOSH GARG VS. UNION OF INDIA SLP(Crl) No. 008740 - / 2024
The Supreme Court on Friday (July 26) granted bail to Ashutosh Garg, accused in 1000 crores GST Input Fraud.
Garg was allegedly operating nearly 294 fake firms for the purpose of passing inadmissible input tax credit worth Rs. 1,032 crores fraudulently. The charges against Garg were under various sections of the Central Goods and Services Tax Act 2017, including 132(1)(b), (c), (f), (j), and (l).
Supreme Court Transfers To Delhi HC Petitions Challenging Cable TV Networks (Amendment) Rules 2021
Case Title: UNION OF INDIA Versus THE NEWS BROADCASTERS ASSOCIATION AND ORS., SLP(C) No. 13661/2021 (and connected cases)
The Supreme Court transferred to the Delhi High Court petitions pending in various High Courts challenging the Cable TV Networks (Amendment) Rules 2021 was stayed qua certain broadcasters/digital news portals.
NEWS
PMLA | Supreme Court Adjourns Pleas Seeking Reconsideration Of Vijay Madanlal Judgment To August 5
Case Title: Directorate of Enforcement v. M/s Obulapuram Mining Company Private Limited | Criminal Appeal No. 1269 of 2017 (and connected matters)
The Supreme Court said that it will hear the pleas calling for reconsideration of the judgment in Vijay Madanlal Choudhary v. Union of India, which upheld the constitutional validity of various provisions of the Prevention of Money Laundering Act (PMLA), on August 5.
NEET-UG 2024| Supreme Court Seeks IIT-Delhi Expert Opinion On Correct Answer Of 'Ambiguous' Question
Case Details: VANSHIKA YADAV Versus UNION OF INDIA AND ORS. W.P.(C) No. 335/2024 And Other Connected Matters
The Supreme Court directed the Director of the Indian Institute of Technology, Delhi to form a three-member expert committee to give their opinion regarding the correct answer to an MCQ question of NEET-UG 2024, for which the National Testing Agency awarded marks for two options.
Case Details: V. Senthil Balaji v. Deputy Director., SLP(Crl) No. 3986/2024
It was argued on behalf of former Tamil Nadu Minister Senthil Balaji before the Supreme Court on Monday (July 22) that the deposit of Rs. 1.34 crores in his bank account from 2013 to 2021 is not for the alleged cash for jobs scam but from his agricultural income as well as his salary as an MLA.
Case Title – The Law Association v. Director General Of Police., 2024 LiveLaw (SC) 499
The Supreme Court of India clarified that the Motor Accidents Claims Tribunal (MACT) has the discretion to release compensation all at once or in parts.
Is Entertainment Tax Applicable To Online Cinema Ticket Booking Charges? Supreme Court To Decide
Case Details: THE COMMERCIAL TAX OFFICER VS. AGS CINEMAS PRIVATE LIMITED., DIARY NO. - 13928/2022
The Supreme Court is set to examine whether online ticket booking charges can be subjected to Entertainment Tax.
The genesis of this stems from the order passed by the Madras High Court observing that the Tamil Nadu Entertainment Tax Act, 1939 could not have provided for the levy of tax on the internet service provided by the cinema owner.
Case no. – Santosh Kumar @ Santosh v. State of Bihar and Anr., SLP (Crl.) No. 6648/2024
The Supreme Court was "surprised" at an order of the Patna High Court directing the trial court in a criminal case to complete trial within a year, without considering the huge pendency of cases in trial courts.
Case Details : IKANOON SOFTWARE DEVELOPMENT PVT. LTD. Versus KARTHICK THEODORE AND ORS. SLP(C) No. 15311/2024
The Supreme Court is set to examine whether the right to be forgotten can be enforced against the judgments by Courts which reveal the identity of the acquitted person.
The bench of CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra was hearing a challenge by Indian Kanoon, (a legal database website) against the Madras High Court order dated March 3 which directed the portal to take down the copy of the judgement which revealed the identity of a person acquitted in a sexual assault case. The impugned order observed that though the courts were expected to preserve data as a court of record, it was also required to strike a balance between the collection of such data and the protection of a person's personal data.
Case Title: IN RE : T.N. GODAVARMAN THIRUMULPAD Versus UNION OF INDIA AND ORS., W.P.(C) No. 202/1995
A bench led by Justice BR Gavai of the Supreme Court halted the contempt proceedings initiated by it against the Delhi Development Authority Vice Chairman over illegal tree felling, after noting that another bench led by Justice AS Oka took up the same contempt case later.
Case Title – V. Senthil Balaji v. Deputy Director., SLP(Crl) No. 3986/2024
The Supreme Court in Senthil Balaji's bail plea asked the Directorate of Enforcement (ED) to show that the pen drive recovered from Balaji's residence contains a file which allegedly has evidence of proceeds of crime worth Rs. 67 Crores.
Case Title: IN RE : T.N. GODAVARMAN THIRUMULPAD Versus UNION OF INDIA AND ORS., W.P.(C) No. 202/1995
While hearing the TN Godavarman case, an omnibus forest protection matter, the Supreme Court recently pulled up Maharashtra state authorities for allotting a notified forest land to a person as compensation for illegally taking away another property of his.
Case Title: BIBHAV KUMAR VS. STATE OF NCT OF DELHI, SLP(Crl) No. 009817 - / 2024
In a latest development, Delhi Chief Minister Arvind Kejriwal's close aide Bibhav Kumar has approached the Supreme Court against Delhi High Court's denial of bail in the Swati Maliwal assault case.
Supreme Court Asks Centre To Submit Policy Decisions Taken To Promote Electric Vehicles
Case Title – Centre For Public Interest Litigation & Ors v. Union of India & Anr.
The Supreme Court granted the Centre four weeks to file a counter affidavit along with all policy decisions taken by the Centre from time to time to promote electric vehicles.
The development happened in a PIL seeking the promotion and implementation of electric vehicle policies.
Case Title – Raj Kumar Santoshi v. Prashant Malik
The Supreme Court highlighted the growing menace of unlicensed money lending leading to severe consequences for borrowers, including financial ruin and even suicide.
The Court observed that the practice of lending money on interest without proper licensing and securing the loans with cheques or title deeds is not different from the business of money lending. However, under the Punjab Registration of Money Lenders Act, 1938, such activities would not be considered as business of money lending unless they involve continuous transactions of a similar nature. To evade the law, such persons advance loans only intermittently, the Court noted.
Case Details : RAJUBALA DAS VS. UNION OF INDIA W.P.(Crl.) No. 000234 - / 2020
The Supreme Court flagged the deplorable conditions in Assam's detention centres, where individuals with doubtful citizenship and deemed foreigners are kept in detention. The Court highlighted a "sorry state of affairs", saying there is no adequate water supply, proper sanitation systems, or proper toilets.
