Supreme Court Weekly Round-Up [13th-19th Nov, 2023]

Citations: 2023 LiveLaw (SC) 975 To 2023 LiveLaw (SC) 994

Nominal Index

M/S. RAJASTHAN ART EMPORIUM V. KUWAIT AIRWAYS 2023 LiveLaw (SC) 975

M/S Modi Naturals Ltd v The Commissioner of Commercial Tax UP 2023 LiveLaw (SC) 976

Union of India v. D.G.O.F. Employees Association 2023 LiveLaw (SC) 977

Shaikh Uzma Feroz Hussain v. State of Maharashtra 2023 LiveLaw (SC) 978

J. Johnson v. S. Selvaraj, 2023 LiveLaw (SC) 979

Thanesar Singh Sodhi(D) The Lrs. v. Union of India 2023 LiveLaw (SC) 980

Madan v. State of Uttar Pradesh 2023 LiveLaw (SC) 982

Maharashtra State Electricity Distribution Company Limited v. Ratnagiri Gas and Power Private Limited & Ors 2023 LiveLaw (SC) 983

Munishamappa v. N. Rama Reddy 2023 LiveLaw (SC) 987

Ramakant Singh and others v. The State of Jharkhand 2023 LiveLaw (SC) 988

Prabhatbhai Dabhi v, State of Gujarat 2023 LiveLaw (SC) 989

Jagwinder Singh v. State of Punjab 2023 LiveLaw (SC) 990

Ankita Thakur & Ors v The HP Staff Selection Commission 2023 LiveLaw (SC) 991

M/s India Glycols Limited and Another v. Micro and Small Enterprises Facilitation Council, Medchal - Malkajgiri 2023 LiveLaw (SC) 992

Hazari Lal (Dead) Thr Lrs. v. Ramesh Kumar 2023 LiveLaw (SC) 994

Judgment/Orders

Airlines Bound By Time Schedule Promised By Its Travel Agent: Supreme Court

Case Title: M/S. RAJASTHAN ART EMPORIUM V. KUWAIT AIRWAYS

Citation: 2023 LiveLaw (SC) 975

The Supreme Court held that an authority is bound by the promise held by its agent under the Indian Contract Act.

The Apex Court held so in the context of a consumer dispute, where Kuwait Airways, through its agent, Dagga Air Agents, had fixed a schedule of 7 days for delivery of certain goods. The Court held that the Airline was liable to pay the complainant damages for delay in delivering the consignment.

Party Not Entitled To Seek Relief That Has Not Been Prayed For: Supreme Court

Case Title: M/S. RAJASTHAN ART EMPORIUM V. KUWAIT AIRWAYS

Citation: 2023 LiveLaw (SC) 975

The Supreme Court, while dealing with a consumer dispute, reiterated that a party is not entitled to seek relief that has not been prayed for.

UP VAT Act | Assessee Entitled To Claim Full Input Tax Credit On Exempted Goods Produced As By-Products Or Waste Products During Manufacturing Of Taxable Goods: Supreme Court

Case details: M/S Modi Naturals Ltd v The Commissioner of Commercial Tax UP

Case No.: 2023 LiveLaw (SC) 976

The Supreme Court while relying on Explanation (iii) to Section 13 of Uttar Pradesh Value Added Tax Act, 2008 (“UP VAT Act”), has held that if during the manufacture of any taxable good any tax exempted goods are produced as by-product/waste product, then it shall be deemed that the goods purchased from within the State for such manufacturing have been used in manufacture of taxable goods alone.

Thus, the Assessee would be entitled to claim full benefit of Input Tax Credit (“ITC”) in respect of taxable goods purchased from within the State.

Historical Similarity In Previous Pay Scales Can Be Considered To Allow Same Pay Scale For Similar Posts : Supreme Court

Case Title: Union of India Vs. D.G.O.F. Employees Association

Citation: 2023 LiveLaw (SC) 977

Historical similarity in previous pay scales can be taken into consideration by the Courts to interfere with pay scale fixation which has created anomalies, observed the Supreme Court.

Holding thus, the Court upheld a Delhi High Court judgment which held that Assistant and Personal Assistants of Ordnance Factory Board, Headquarters are entitled to same pay scale as similarly placed employees of Central Secretariat Service (CSS) and equivalent posts in Armed Force Headquarters Civil Service (AFHCS) Cadre, New Delhi and other similar cadres

Every Court Has High Pendency, Constitutional Courts Should Avoid Fixing Time-Schedule For Cases Unless Exceptional: Supreme Court

Case Title: Shaikh Uzma Feroz Hussain v. State of Maharashtra

Citation: 2023 LiveLaw (SC) 978

Every Court in the country has a huge pendency and hence the Supreme Court and the High Courts should refrain from fixing a time-bound schedule for the disposal of any cases except in extraordinary circumstances, as observed by the Supreme Court recently.

Bar Council Of India Should Obtain English Translation Of Documents In Disciplinary Proceedings: Supreme Court

Case Title: J. JOHNSON V. S. SELVARAJ, CIVIL APPEAL NO.4855 OF 2023

Citation : 2023 LiveLaw (SC) 979

The Supreme Court recently held that the Rules framed by the Bar Council of India regarding Disciplinary Proceedings, require the Bar Council to call for the English translation of documents that are not in English.

Supreme Court Explains Application Of SAFEMA After Detention Order Under COFEPOSA Has Been Revoked

Case Title: THANESAR SINGH SODHI (D) THR. LRS v. UNION OF INDIA

Citation : 2023 LiveLaw (SC) 980

The Supreme Court, recently (On November 10), held that provisions of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA) would apply to every person against whom an order of detention has been passed under Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 19742 (COFEPOSA) unless it comes under exception given in proviso to section 2(2)(b) of SAFEMA.

Need To Separate The Chaff From The Grain Only Where Testimony Is Partly Reliable And Partly Unreliable: Supreme Court

Case Title: Balaram V. State Of Madhya Pradesh., Criminal Appeal No. 2300 Of 2009

Citation : 2023 LiveLaw (SC) 980

The Supreme Court, recently (On November 08), while setting aside a conviction in a murder trial, reiterated the well-established law that there are three types of witnesses-, one those who are wholly reliable, second one is wholly unreliable, and lastly, the one who are neither wholly reliable nor wholly unreliable

UP VAT Act | Definition Of “Goods” Under Sec. 2(m) And Sec. 13(1)(f) Includes Taxable As Well As Exempted Goods: Supreme Court

Case details: M/S Modi Naturals Ltd v The Commissioner of Commercial Tax Up

Case No.: Civil Appeal Nos.5822-5823/2023

The Supreme Court has held that the definition of “Goods” under Section 2(m) of Uttar Pradesh Value Added Tax Act, 2008 (“UP VAT Act”) includes both taxable as well as exempted goods. Similarly, the word “goods” under Section 13(1)(f) of the UP VAT Act cannot be said to be qualified by the word “taxable”.

Kamakhya Temple: Doloi Samaj Running Temple Affairs Satisfactorily, Says Assam Govt; Supreme Court Allows Present Arrangement To Continue

Case Title: KABINDRA PRASAD SARMA v. CHIEF SECRETARY GOVERNMENT OF ASSAM

Citation: Diary No(s). 23917/2017

The Supreme Court recently held as inoperative the order passed by the Gauhati High Court in 2017 directing the Deputy Commissioner to receive the donations given by the devotees for the developmental activities in the Kamakhya temple in Guwahati and to maintain a separate account regarding the same.

'Past Conduct Not Always A Factor When Imposing Death Penalty': Supreme Court Commutes Death Sentence

Case Details: Madan v. State of Uttar Pradesh

Citation : 2023 LiveLaw (SC) 982

Last week, the Supreme Court set aside the death sentence of a man accused, along with others, of firing on and killing multiple people over suspected political enmity in Uttar Pradesh’s Muzaffarnagar, observing that although the crime fell in the ‘rarest of rare’ category, the death row convict was not beyond reformation.

Deviation From Plain Terms Of Contract Warranted Only When It Serves Business Efficacy Better: Supreme Court

Case Title: Maharashtra State Electricity Distribution Company Limited v. Ratnagiri Gas and Power Private Limited & Ors.

Citation : 2023 LiveLaw (SC) 983

The Supreme Court recently reiterated the need to interpret commercial contracts in alignment with the original intent of the parties involved. It also opined that a deviation from the plain terms of the contract is warranted only when it serves business efficacy better.

Agreement To Sell Doesn't Transfer Ownership Rights Or Confer Title: Supreme Court

Case Title: Munishamappa v. N. Rama Reddy and others

Citation : 2023 LiveLaw (SC) 987

The Supreme Court reiterated that an agreement to sell does not transfer ownership rights or confer any title.

"Agreement to Sell is not a conveyance; it does not transfer ownership rights or confers any title," observed a bench comprising Justices Vikram Nath and Rajesh Bindal.

Magistrate Can't Entertain Protest Petition Against Own Order Taking Cognisance: Supreme Court

Case Title: Ramakant Singh and others v. The State of Jharkhand and another

Citation: 2023 LiveLaw (SC) 988

Judicial Magistrate cannot entertain a protest petition against an order taking cognisance of a final report, held by the Supreme Court in a recent judgment. In this case, a Chief Judicial Magistrate took cognizance against one accused for the offense of murder based on a final report filed by the Crime Investigation Department.

Extra-Judicial Confession Must Be Of Sterling Quality: Supreme Court Doubts 'Confession' To Brother Of Deceased

Case title: PRABHATBHAI AATABHAI DABHI v. STATE OF GUJARAT

Citation: 2023 LiveLaw (SC) 989

The Supreme Court recently while acquitting a convict in a murder case held that evidence of persons before whom extra-judicial confession is made must be of sterling quality.

The Court observed, “When prosecution relies upon the evidence of extra-judicial confession, normally, the Court will expect that the evidence of the persons before whom extra-judicial confession is allegedly made must be of sterling quality.”

Law Does Not Require Only An Independent Witness To Prove NDPS Act Charges: Supreme Court

Case Title: JAGWINDER SINGH V. STATE OF PUNJAB

Citation: 2023 LiveLaw (SC) 990

The Supreme Court recently held that the law does not require only an independent witness to prove a charge attracting the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

Eligibility Conditions For Post Can't Be Relaxed After Last Date Of Applications Without Giving Wide Publicity: Supreme Court

Case Title: Ankita Thakur & Ors v The HP Staff Selection Commission

Citation: 2023 LiveLaw (SC) 991

The Supreme Court recently reiterated that eligibility criteria for a post, as set out in the Rules, could not be relaxed unless the said relaxation was envisioned in the Rules or advertisements for the post. Further, in case of any such relaxation passed, the same had to be widely publicized to be held valid.

Writ Petition Against An Award Passed By A Facilitation Council Under MSMED Act Not Maintainable: Supreme Court

Case Title: M/s India Glycols Limited and Another v. Micro and Small Enterprises Facilitation Council, Medchal - Malkajgiri

Citation: 2023 LiveLaw (SC) 992

The Supreme Court recently held that a writ petition against an award passed by a Facilitation Council under the Micro, Small and Medium Enterprises Development (MSMED) Act, 2006 would not be maintainable.

Should Not Have Waited For 13 Years ': Supreme Court Dismisses Specific Performance Suit Filed In 1999 For Sale Agreement Of 1986

Case Title: HAZARI LAL (DEAD) THR. LRS. V. RAMESH KUMAR

Citation: 2023 LiveLaw (SC) 994

The Supreme Court recently set aside the decree passed in a civil suit for specific performance filed in 1999 for the enforcement of an agreement to sell executed in 1986.

News Updates

Modalities On Online FIR Registration Be Left To States: Parliamentary Committee On New Criminal Procedure Code Bill

The committee was of the view that the method/mode of registration should be worked out by the states. If left unregulated, it would be technically and logistically challenging for the police. It would also be difficult to track and manage the multiple FIRs filed.

Plea In Supreme Court For Contempt Action Against SEBI For Not Completing Probe In Adani-Hindenburg Matter

Case Title: Vishal Tiwari v. Union of India & Ors.

Citation: Writ Petition (Civil) No. 162 of 2023

An application has been filed in the Supreme Court seeking the initiation of contempt proceedings against the Securities and Exchange Board of India (SEBI) for not completing its investigation into the Adani-Hindenburg matter despite the timeframe fixed by the Court.

Perennial Values Identified By Justice V.R. Krishna Iyer Will Help Guide Us Forward: Attorney General R. Venkataramani

Attorney General of India R. Venkatramani, while speaking at the 9th VR Krishna Iyer Memorial Law Lecture organized by the Sarada Krishna Satgamaya Foundation for Law and Justice at the Kerala High Court yesterday, on the topic 'Perennial Values of Constitutional Law Discovered by Justice V.R. Krishna Iyer', remarked that Justice Iyer, whose worldview was deeply anchored in 'Liberty of all, and all for Liberty', regarded Constitution as an instrument of refining all power through the political process and Court as instrument of deliberation and social participation.

Justice VR Krishna Iyer Is Product Of Social & Cultural Milieu Of Kerala: Justice P S Narasimha

Supreme Court Judge Justice P.S. Narasimha remarked that eminent judge and jurist Justice V.R. Krishna Iyer transcended religion and region.

Justice Narasimha said that Justice Iyer had embarked on an elaborative discourse on the twin values of Fraternity and Dignity in his decisions. Justice Narasimha added that Justice Iyer had been considerably influenced by the social and cultural milieu of Kerala

Justice VR Krishna Iyer Would've Reacted Strongly To Growing Economic Disparities, Disinvestment Of PSUs: Justice KM Joseph

Retired Supreme Court judge Justice KM Joseph on Saturday said that if Late Justice VR Krishna Iyer were alive today he would have reacted strongly to the disinvestment of public sector companies as he was a socialist at heart.

Justice Krishna Iyer was a socialist, humanist and truly secular, added Justice Joseph

Electoral Bonds Biggest Scam In History Of India, Voter Must Know Who Is Funding Parties : Kapil Sibal

In a recent interview with veteran journalist Nidhi Razdan, Senior Advocate and Rajya Sabha MP Kapil Sibal recently said that the electoral bonds scheme is perhaps the biggest scam in the history of the country and the whole purpose of the scheme is to enrich the ruling political party. He termed the scheme a subversion of democracy and the electoral system. He also said that elections could never be free or fair under a system of this kind

Special Background Or Connections Not Necessary To Succeed In Legal Profession: Justice Surya Kant

Justice Surya Kant, judge of the Supreme Court, speaking at an event at the Punjab & Haryana High Court, said that to succeed in the legal profession, special backgrounds and connections are not important.

"This is one platform where your hard work, commitment and patience ultimately allow you to win the professional and ultimately allow you to win race and create your space... I am firm believer that it is not necessary that you should come with a special background or special status to succeed in the profession," said the judge.

Whether Subsequent Change Of Law Can Be A Ground To Challenge Acquittal: Supreme Court To Decide

Case Details: HYDER v. STATE OF KERALA

Citation: Diary No.- 39255 - 2023

The Supreme Court is set to examine whether a subsequent change in law can be a ground for condoning delay or to disturb the acquittal finding.

Allowing Police Custody Beyond First 15 Days Vulnerable To Misuse': Parliamentary Panel Suggests Amendment To BNSS (New CrPC Bill)

The Parliamentary Standing Committee has expressed certain concerns with the provision in the Bharatiya Nagarik Suraksha Sanhita Bill (BNSS) which allows police custody after the first fifteen days of remand

Is Consumer Protection Rule Invalid For Allowing More Govt Representation In Selection Committee For Forum Members? Supreme Court To Consider

Case Title: GANESHKUMAR RAJESHWARRAO SELUKAR & ORS. v. MAHENDRA BHASKAR LIMAYE

Citation: Diary No(s). 45299/2023

The Supreme Court has admitted a special leave petition filed against the judgment of the Bombay High Court(Nagpur Bench) which struck down Rule 6(1) of the Consumer Protection((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) Rules, 2020.

Judges Should Know Where To Draw The Line So That Judiciary Isn't Seen As Taking Over Executive & Legislative Functions: CJI DY Chandrachud

Chief Justice of India DY Chandrachud has stressed the role of the judiciary in not only ensuring social stability but also fostering a culture of tolerance and inclusion. Courts, he said, played the vital function of promoting dialogue and reason in society. Even when the dialogue that begins in the courtroom does not result in the constitutional and legal relief sought by citizens, it is not the end of the process since it results in space being created in society to “take the dialogue forward”.

Criminalise Adultery In Gender Neutral Manner In New Penal Code, Recommends Parliamentary Panel

The Parliamentary Standing Committee on Home Affairs has recommended that the offence of adultery be retained in the Bharatiya Nyaya Sanhita, the new bill which was introduced by the Union Government seeking to replace the Indian Penal Code.

Bharatiya Nyaya Sanhita A 'Copy-Paste' Of Indian Penal Code, 'Wasteful Exercise' : P Chidambaram

The three Bills introduced by the Union Government to replace the Indian Penal Code i "largely a copy and paste of existing laws", said Member of Parliament and Senior Advocate P Chidambaram in his dissent note submitted to the Parliamentary Standing Committee on Home Affairs.

He said the enactment of these three Bills will be a "wasteful exercise that will have many undesirable consequences."

New Criminal Procedure Code Needs Provision To Secure Safe Custody Of Digital Evidence : Parliamentary Panel

The Bharatiya Sakshya Bill and the Bharatiya Nagarik Suraksha Sanhita - which are introduced by the Union Government to replace the Indian Evidence Act and the Code of Criminal Procedure - has no provision to safeguard the authenticity and integrity of digital evidence, observed the Department-related Parliamentary Standing Committee on Home Affairs.

Can't Object To Judgeship Merely For Views Held As Lawyers : CJI DY Chandrachud On Justice Victoria Gowri's Elevation

During a recent conversation at Harvard Law School, Chief Justice DY Chandrachud responded to a question about the appointment of Justice Victoria Gowri to the Madras High Court, which became controversial as she was facing accusations of making hate speeches against religious minorities. The audience member raised concerns about the collegium not withdrawing the recommendation despite lawyers raising complaints against her public statements.