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Supreme Court Weekly Round-Up (18-24th September)
Suraj Kumar
25 Sept 2023 10:13 AM IST
Supreme Court Comes To Rescue Of Party Who Filed Cheque Bounce Case In Wrong Court After Noting He Got Incorrect Legal AdviceCase title: Bijoy Shankar Mishra v. State of JharkhandCitation: 2023 LiveLaw (SC) 798In a notable case, the Supreme Court recently gave relief to a party whose complaint for cheque dishonour was dismissed by the Magistrate at the final hearing stage on the ground of lack...
Case title: Bijoy Shankar Mishra v. State of Jharkhand
Citation: 2023 LiveLaw (SC) 798
In a notable case, the Supreme Court recently gave relief to a party whose complaint for cheque dishonour was dismissed by the Magistrate at the final hearing stage on the ground of lack of territorial jurisdiction.
The Supreme Court invoked its special powers under Article 142 of the Constitution to transfer the case to the appropriate Court, after noting that the party did not receive proper legal assistance.
Case title: Keshav Sood v. Kirti Pradeep Sood
Citation: 2023 LiveLaw (SC) 799
The Supreme Court has recently reiterated that the principle of res judicata cannot be invoked as a ground for the rejection of a plaint under Order VII Rule 11(d) of the Code of Civil Procedure (CPC).
This decision, delivered by a bench comprising Justices Abhay S. Oka and Justice Pankaj Mithal clarified the scope and application of Rule 11(d) of CPC and its relationship with the doctrine of res judicata.
Order V Rule 2 Of Civil Procedure Code Requires Service Of Summons With Plaint: Supreme Court
Case Title: National Insurance Company Ltd V. M/S National Building Construction India Ltd
Citation: 2023 LiveLaw (SC) 800
The Supreme recently said that service contemplated under Order V Rule 2 of the Code of Civil Procedure, 1908, implies service of summons along with the copy of the plaint.
Case Title: Ganesh Digamber Jambhrunkar V. State Of Maharashtra
Citation: 2023 LiveLaw (SC) 801
The Supreme Court recently held that by working for a long period of time on contractual basis, no vested legal right is acquired for regularisation in service
Case Title: Principal Commissioner Of Income Tax-10 v M/S Krishak Bharti Cooperative Ltd.
Citation: 2023 LiveLaw (SC) 802
The Supreme Court has held that if an Indian Entity’s Establishment is operating in Oman and has a ‘Permanent Establishment’ status under Double Taxation Avoidance Agreement (“DTAA”), then the dividend income received by the Indian Entity from such Establishment would not be taxable under Indian Taxation laws.
As per the laws in Oman, the dividend distributed by all companies, including the tax-exempt companies would be exempt from payment of income tax in the hands of the recipients. Ideally such income was taxable under laws of Oman, but an exemption was given.
Case title: Rameshji Amarsingh Thakor v. State of Gujarat
Citation: 2023 LiveLaw (SC) 804
The Supreme Court recently reaffirmed the paramount importance of eyewitness accounts in criminal trials. The Court relied on Darbara Singh v. State of Punjab (2012) 10 SCC 476 and Anvaruddin v. Shakoor 1990 (3) SCC 266 to emphasize the importance of ocular evidence over the opinion of medical experts. The judgment underlined that eyewitness testimony, even if not detailed in every aspect, holds substantial weight in establishing the sequence of events.
Case Title: Samir Kumar Majumder v. The Union of India
Citation: 2023 LiveLaw (SC) 806; 2023INSC836
Recently, a Division Bench of the Supreme Court, reiterated the established law on the doctrine of res judicata that has been recognized by this Court in several judgments. The Court opined:
“The doctrine itself is based on public policy flowing from the age-old legal maxim interest reipublicae ut sit finis litium which means that in the interest of the State there should be an end to litigation and no party ought to be vexed twice in a litigation for one and the same cause”
Case Title: Case title: Union of India v. H.R. Vijaya Kumar, Civil Appeal No. 7351/2013
Citation: 2023 LiveLaw (SC) 807
The Supreme Court recently ruled that unauthorized resignation from government service for another government job will result in the forfeiture of past service and pension benefits.
Case Title: Celir LLP v. Bafna Motors (Mumbai) Pvt. Ltd. And Ors C.A. No. 5542-5543/2023
Citation: 2023 LiveLaw (SC) 808
The Supreme Court on Thursday (September 21) pronounced a judgement holding that the borrower's right of redemption of mortgage under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) will get extinguished once the bank publishes an auction notice for the sale of the secured asset.
Principles To Prove Validity & Execution Of Will: Supreme Court Explains
Case Title: MEENA PRADHAN V. KAMLA PRADHAN
Citation: 2023 LiveLaw (SC) 809
Recently, a Division Bench of the Supreme Court, comprising Justices Abhay S. Oka and Sanjay Karol, laid down certain principles required for proving the validity and execution of the Will. In substance, these principles enunciated that apart from statutory compliance under Section 63 of the Succession Act, broadly, it has to be proved that (a) the testator signed the Will out of his own free Will, (b) at the time of execution, he had a sound state of mind, (c) he was aware of the nature and effect thereof and (d) the Will was not executed under any suspicious circumstances
Case title: State of MP v. Bhupendra Yadav
Citation: 2023 LiveLaw (SC) 810
In a significant ruling, the Supreme Court held that an acquittal in a criminal case does not automatically qualify a candidate for a sensitive law enforcement post, particularly when the acquittal is based on technical grounds or on giving benefit of doubt.
The Court emphasized that employers retain the right to assess a candidate's suitability for a position. The issue before the Court revolved around the determination of a candidate's fitness for appointment as a constable despite his prior acquittal in a criminal case under Protection of Children from Sexual Offences (POCSO) Act,2012
Certified Copy Can Be Produced To Prove Original Sale Deed In Trial: Supreme Court
Case Title: Appaiya vs Andimuthu@ Thangapandi & Ors.
Citation : 2023 LiveLaw (SC) 811
The Supreme Court recently made it clear that a certified copy of an original sale deed is admissible in evidence in a trial. This is as per Sections 65, 74, and 77 read with Section 79 of the Indian Evidence Act 1872 and Section 57(5) of the Registration Act.
Case Title: Sudesh Kumar Goyal v. The State of Haryana & Ors.
Citation: 2023 LiveLaw (SC) 812
The Supreme Court on Thursday (21.09.2023) held that an applicant who has qualified in the selection process cannot be selected against a vacancy caused by resignation of one of the selected candidates. The Apex Court observed that, a fresh vacancy arises when a selected candidate joins and then resigns and the same cannot be filled up without following a fresh selection process.
Case Title: Balwinder Singh (Binda) v. The Narcotics Control Bureau, Satnam Singhv v. The Narcotics Control Bureau
Citation: 2023 LiveLaw (SC) 813
The Supreme Court on Friday (22.09.2023) held that an officer invested with powers under Section 53 of the Narcotic Drugs and Psychotropic Substances Act, 1985, is a 'police officer' within the meaning of Section 25 of the Evidence Act, and thus a confessional statement of an accused recorded under Section 67 of the NDPS Act cannot be used in a trial under the NDPS Act as a confessional statement.
Case title: Rajesh v State of MP
Citation: 2023 LiveLaw (SC) 814
The Supreme Court recently expressed exasperation at having to acquit three accused persons in a case of murder and kidnapping due to glaring lapses in police investigation. Two of the accused persons were awarded the death penalty, which the Supreme Court overturned. Against this backdrop, the Court highlighted the need for a code of investigation, which will lay out the mandatory procedure for the police to follow, so that guilty persons will not secure acquittals on grounds of technical flaws.
It observed, "It is high time, perhaps, that a consistent and dependable code of investigation is devised with a mandatory and detailed procedure for the police to implement and abide by during the course of their investigation so that the guilty do not walk free on technicalities, as they do in most cases in our country.”
Case title: Rajesh v State of MP
Citation: 2023 LiveLaw (SC) 814
After noting "yawning gaps" in the evidence and "infirmities" in the prosecution, the Supreme Court recently acquitted three persons in a case for murder and kidnap of a teenager. Two of the accused were awarded death sentence by the Trial Court, which the High Court had affirmed. The third accused was awarded life sentence.
While setting aside the conviction and sentence of all the accused persons, the Supreme Court was perplexed to note that the Trial Court and the High Court found the accused guilty and went to the extent of imposing death penalty on two of them "despite the innumerable weak links and loopholes in the prosecution’s case"
Case Title: Sunil v. State Of NCT of Delhi, Criminal Appeal No.688 Of 2011
Citation: 2023 LiveLaw (SC) 815
Recently, the Supreme Court adjudicated upon the issue of whether, on account of not putting the incriminating circumstance to the accused persons, while recording their statements under Section 313 (Power to examine the accused) of the Code of Criminal Procedure, 1973 (Crpc), their conviction with the aid of Section 34 (Acts done by several persons in furtherance of common intention) of the Indian Penal Code, 1860, (IPC) stood vitiated.
Case title: Joseph v. State of Kerala
Citation: 2023 LiveLaw (SC) 815; 2023INSC843
The Supreme Court recently, while ordering the release of a convict who had spent more than 26 years in jail, raised concerns over the recent government order issued by the State of Kerala on June 4, 2022, pertaining to the premature release of convicts. While this order was not directly challenged in the case at hand, the Court deemed it necessary to comment on it and issue a note of caution.
Case title: Joseph v. State of Kerala
Citation: 2023 LiveLaw (SC) 815; 2023INSC843
The Supreme Court today ordered the release of a convict who had spent nearly 26 years in prison, asserting that the denial of premature release violated fundamental rights protected under Article 14 (Right to Equality) and Article 21 (Right to Life). The Court emphasized the need to consider the rehabilitation and reformation of inmates who may have drastically transformed during their time behind bars.
Case Title: Arjun Gopal v. Union Of India, W.P.(C) No. 728/2015 and connected matters
Citation: 2023 LiveLaw (SC) 816
The Supreme Court on Friday (22.09.2023) rejected an application filed by an association of firecracker manufacturers (TANFAMA) to include reduced quantities of barium nitrate in firecrackers. In 2019, the Apex Court had directed that barium salts must not be used in firecrackers. In 2021, the Court reiterated this ban.
The Apex Court said that allowing the application would be a retrograde step, compared to the steps taken by the Court so far to curb the deleterious effects of firecrackers containing barium. The Court also observed that there was scope for further reduction of emissions and that more research may be required to come up with new formulations.
Supreme Court Explains Scope Of Judicial Interference In Arbitral Awards
Case Title: Batliboi Environmental Engineers Limited V Hindustan Petroleum Corporation Limited
Citation: 2023 LiveLaw (SC) 817
The Supreme Court Bench comprising Justice Sanjiv Khanna and Justice M.M. Sundresh has held that while setting aside an arbitral award for being violative of Section 28(3) of the Arbitration and Conciliation Act, 1996, it must be considered that the Arbitrator is empowered to interpret the contract terms reasonably. The arbitrator’s interpretation cannot be a ground for setting aside of award, since the construction of the contract’s terms is finally for the arbitrator to decide. Under Section 28(3), award can only be set aside if the arbitrator interprets it in a manner as no fair-minded reasonable person would do
Case Title: Sweety Kumari v. The State of Bihar and others
Citation: 2023 LiveLaw (SC) 818
The Supreme Court on Friday (September 22) granted relief to three judicial service aspirants from Bihar whose candidatures were rejected by the Bihar Public Service Commission(BPSC) due to the non-production of original certificates at the time of the interview.
Holding that the production of original certificates was not a mandatory condition, the Court directed that the said candidates be accommodated in service. The bench comprising Justices JK Maheshwari and KV Viswanathan relied on the judgment passed in Aarav Jain versus Bihar Public Service Commission 2022 LiveLaw (SC) 521 where the Supreme Court had set aside the BPSC's rejection of the candidature of eight candidates for not furnishing originals of their certificates.
Case Title: P. Sarangapani (Dead) Through Lr Paka Saroja V. State Of Andhra Pradesh
Citation: 2023 LiveLaw (SC) 819
The Supreme Court held that once it has been proved that the accused has accepted any gratification other than the prescribed legal remuneration, the Court can raise the statutory presumption against the accused under Section 20 (Presumption where public servant accepts any undue advantage) of the Prevention of Corruption Act, 1988 that he accepted the gratification as a motive or reward under Section 7 for performing a public duty improperly or dishonestly. However, such a presumption is rebuttable, the Court clarified
Case Title: First Global Stockbroking Pvt. Ltd. & Ors. vs Anil Rishiraj & Anr.
Citation : 2023 LiveLaw (SC) 820
The Supreme Court has ruled that the Enforcement Officer appointed and authorised under the repealed provisions of the Foreign Exchange Regulation Act, 1973 (FERA), will continue to have the authority and competence to file a complaint for the offences punishable under the Act before the expiry of the sunset period of 2 years provided under Section 49(3) of the Foreign Exchange Management Act, 1999 (FEMA
Case Title: Suresh Lataruji Ramteke V. Sau. Sumanbai Pandurang Petkar, Civil Appeal No. 6070 Of 2023
Citation: 2023 LiveLaw (SC) 821
The Supreme Court on Thursday (21.09.2023)held that High Courts while exercising their jurisdiction of Second Appeal under Section 100 of the Code of Civil Procedure, 1908 should ordinarily frame substantial questions at the stage of admission. However, if it is framed at a later stage, the Court must give parties adequate time to meet and address them before deciding the appeal.
News Updates
Prime Minister Narendra Modi delivered an address at the inauguration of the Bar Council of India International Lawyers' Conference 2023. The theme of the conference is, ‘Emerging challenges in Justice Delivery System’.
In his address, Prime Minister Modi emphasized the importance of simplifying legal language and enhancing accessibility to justice for the common man. Highlighting the often-overlooked aspect of language and simplicity in law, he pointed out that there are two ways of presenting laws: one by the language familiar to legal professionals and another by the language understood by the common man. He stressed the importance of making the law accessible and relatable to every citizen so that they feel a sense of ownership over it.
Former Andhra Pradesh Chief Minister Chandrababu Naidu approached the Supreme Court seeking to quash the FIR against him in connection with the skill development scam case.
He filed a special leave petition in the Supreme Court on Saturday challenging the judgment delivered by the Andhra Pradesh High Court yesterday dismissing his plea to quash the FIR. Following the dismissal of the petition, a Court in Vijayawada granted the Andhra Pradesh Crime Investigation Department(CID) two days of police custody of Naidu for interrogation.
Spirit Of Collaboration Between Institutions Necessary To Deliver Justice: CJI DY Chandrachud
"While the Constitution provides for separation of powers between the legislature, the executive, and the judiciary, it also creates a space for institutions to learn from each other to deliver justice", said Chief Justice of India DY Chandrachud highlighting the importance of the "spirit of collaboration" between institutions.
Delivering an address at the inauguration of the Bar Council of India International Lawyers' Conference 2023, Chief Justice of India DY Chandrachud said, "In our tendency to emphasize differences, we often forget the abundant examples of collaboration between the institutions to further the interests of justice".
The Bar Council of India International Lawyers' Conference 2023 featured a technical session addressing the impact of social media on the justice delivery system.
Justice Karol, in his address, emphasized the growing omnipresence of social media. However, Justice Karol cautioned against sensationalizing legal proceedings for "headline-grabbing purposes". "Minute-to-minute reporting of utterances and observations is not appropriate considering the working circumstances. Here, I must emphasize to my friends on social media and electronic media that the judges are not celebrities. And neither are these online platforms paparazzi who need to report on our moments” he stated.
Juvenile Delinquents Are Very Often Children In Need Of Care & Protection: Justice BV Nagarathna
Justice B. V. Nagarathna, judge of the Supreme Court, while delivering her address at the Inaugural session of the National Annual Stakeholders Consultation on Children in Conflict with Law, expressed that it is imperative to acknowledge that children in conflict with law are not just offenders but in many cases are also children in need of care and protection. Juvenile delinquents, very often, are themselves, victims, particularly in instances of the drug trade, sexual trafficking or family disputes.
Social Media Has Positive, Negative, And Balanced Impact: Justice JK Maheshwari
Speaking at the International Lawyers' Conference 2023, Justice JK Maheshwari, judge of the Supreme Court, provided a comprehensive overview of the impact of social media on the justice system.
Positive Impact: Connecting with the Community: Social media enables advocates and judges to stay connected with the community, fostering a better understanding of social dynamics and issues affecting society.
Spreading Legal Awareness: It serves as a powerful tool for disseminating legal awareness, making legal information more accessible to the general public.
Justice Ravindra Bhat, while delivering her address at the Inaugural session of the National Annual Stakeholders Consultation on Children in Conflict with Law, asserted that in a fast-paced and rapidly evolving world, we must, as individuals, citizens, and duty-bearers leverage knowledge, technology and social resources to identify vulnerabilities and mitigating them in our joint endeavor to prevent children from coming into conflict with the law. He also highlighted that the underpinning belief of justice for children is that they can and should be reformed, and thus, reformation must be the primary driver of all decisions taken for them.
Supreme Court To Organise Two-Day National Annual Stakeholders Consultation On Child Protection
On 23-24 September 2023, the Supreme Court Committee on Juvenile Justice and Child Welfare, in partnership with UNICEF India is organizing a two-day national consultation on best practices followed in states and the way forward to strengthen justice systems for children in conflict with the law. The event will be organized at the Supreme Court.
Case title: Bambhaniya Sagar Vasharambhai v. Union Of India
Citation: W.P.(C) No. 856/2023
The Supreme Court on Friday (September 22) stated that persons with disabilities should not be excluded from MBBS courses merely on the basis of a quantitative assessment of their disabilities. The Court further stated that the assessment of the disabilities must have cogent reasoning as to how such candidates will be unable to pursue the medical courses.
The Court made these observations while expressing dissatisfaction with the reports submitted to it by the Medical Board constituted by the All India Institute of Medical Sciences assessing the disabilities of two candidates.
The former Chief Justice of India Justice UU Lalit will be teaching a new course titled "Affirmative Action in India: A Brief Constitutional History" in IIT Bombay. Justice Lalit is a distinguished visiting professor at the Ashank Desai Centre for Policy Studies of IIT Bombay.
Case: Joint Forum Of Medical Technologists Of India (Jfmti) & Ors. v. Union of India
Citation: [W.P.(C) No. 983/2023
On Friday, the Supreme Court issued a notice in a Public Interest Litigation (PIL) seeking the implementation of the National Commission for Allied and Healthcare Professions (NCAHP) Act, 2021. The PIL, which was listed before a bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, specifically seeks for the implementation of Section 22(1) which provides for the establishment of professional councils and state allied and healthcare councils.
Supreme Court Rejects Firecracker Makers' Plea To Use Barium & Joined Crackers
Case Title: Arjun Gopal v. Union Of India
Citation: W.P.(C) No. 728/2015
The Supreme Court on Friday rejected an application filed by the Firecracker Manufacturers Association to include barium with improved formulations in green crackers. The Court clarified that the earlier orders passed by it banning the use of barium-based chemicals in firecrackers will prevail.
The Court further rejected another application filed by the firecracker manufacturers to use joined crackers. A bench comprising Justices AS Bopanna and MM Sundresh passed the order. "These two applications (for use of barium with improved formulations and joined crackers) we have declined for the present. We are not allowing for the present. The other applications are kept pending", Justice Bopanna orally said.
Supreme Court Dismisses PIL Seeking Independent Audit Of EVM Source Codes
Case Title: Sunit Ahya v. Election Commission of India
Citation: W.P.(C) No. 826/2023 PIL-W
The Supreme Court on Friday refused to entertain a Public Interest Litigation (PIL) seeking an independent audit of source codes of Electronic Voting Machines (EVMs). The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra noted that the matter concerned sensitive policy issues and thus, the court was not inclined to interfere with the same.
Supreme Court To Organise Two-Day National Annual Stakeholders Consultation On Child Protection
On 23-24 September 2023, the Supreme Court Committee on Juvenile Justice and Child Welfare, in partnership with UNICEF India is organizing a two-day national consultation on best practices followed in states and the way forward to strengthen justice systems for children in conflict with the law.
Case Title: Linguistic Minorities Forum of Tamil Nadu v. State of Tamil Nadu And Ors.
Citation: SLP(C) No. 16727-16728/2022]
The Supreme Court on Thursday (September 21) made some pertinent observations with respect to Tamil Nadu Tamil Learning Act, 2006, (Act) which made Tamil paper compulsory in the tenth standard board exam. Pursuant to the Act, while Tamil was mandated in the syllabus as a compulsory subject, minority linguistics were considered as an optional subject for which there was no requirement of minimum marks obtained.
Sanatana Dharma Row | Supreme Court Issues Notice To Tamil Nadu Minister Udhayanidhi Stalin
Case: B Jagannath v. The State of Tamil Nadu
Citation: W.P.(C) No. 1001/2023
The Supreme Court on Friday agreed to hear a plea seeking the registration of a first information report (FIR) against Tamil Nadu minister and DMK leader Udhayanidhi Stalin over his controversial remarks about 'Sanatana Dharma'. Besides this, the petition also raised concerns about a 'Sanatana Dharma Eradication Conference', where these remarks were allegedly made by the minister sparking a political controversy.
Case Details: Shri Krishna Janambhoomi Mukti Nirman Trust v. Sahi Masjid Eidgah Management Committee
Citation: Special Leave Petition (Civil) No. 18551 of 2023
The Supreme Court on Friday refused to entertain a plea by the Shri Krishna Janmabhoomi Mukti Nirman Trust seeking a scientific survey of Shahi Eidgah Masjid premises, which is claimed to be built over Krishna Janmabhoomi. The Court, however, clarified that all questions relating to the Shri Krishna Janmabhoomi-Shahi Eidgah Mosque dispute would be left open to the Allahabad High Court to decide, which recently transferred to itself a clutch of suits seeking various reliefs with respect to the ongoing land dispute.
Case title: Minority Indians Planning and Vigilance Commission Trust v. Union of India
Citation: CONMT.PET.(C) No. 000669 - 000670 / 2022 in Special Leave to Appeal (C) No(s). 4751-4752/2021
The Supreme Court on Friday (September 22) issued notice in a contempt petition which alleged that the Union Government, the State of Kerala and the Kerala State Commission for Backward Classes(KSCBC) have not complied with directions to conduct socio-economic study for revising the reservation list for Socially and Educationally Backward Classes in the State.
Stray Dog Issue | 'Want To Issue Concrete Guidelines' : Supreme Court Lists For Hearing On Oct 18
Case Title: Animal Welfare Board of India V. People For Elimination of Stray Troubles
Citation: C.A. No. 5988/2019
The Supreme Court on Thursday orally remarked that it does not intend to issue any interim directions in the matter relating to the curbing of stray dog attacks in the country and that it wants to hear the matter on merits and issue concrete guidelines
Case title: Voluntary Arunachal Sena v. State of Arunachal Pradesh
Citation: SLP(C) No. 034696 / 2010
The Supreme Court on Thursday (September 21) received a sealed cover report filed by the Chief Minister of Arunachal Pradesh Pema Khandu in a petition which raised allegations regarding awarding of government tenders a decade ago
Case Title: G Niranjan v Election Commission Of India | Writ Petition(s)(Civil) No(s). 177/2023
Citation: 2023 LiveLaw (SC) 805
The Election Commission of India has given an undertaking to the Supreme Court that it will issue "appropriate clarificatory changes" in Forms 6 and 6B (for Registration in E-Roll) which required details of Aadhaar number for the purpose of electoral roll authentication for new voters.
Case Title: State Of Karnataka By Its Chief Secretary v. State Of Tamil Nadu State By Its Chief Secretary
Citation: MA 3127/2018 in C.A. No. 2453/2007
The Supreme Court on Thursday refused to interfere with the order of the Cauvery Water Management Authority (CWMA) that directed the State of Karnataka to release 5000 cusecs of water at Biligundlu for 15 days. The order pertains to the period of 13th to 27th September. The order passed by the Cauvery Water Regulatory Committee (CWRC) was affirmed by the CWMA.
Case Title: Bilkis Yakub Rasool v. Union of India & Ors.
Citation: Writ Petition (Criminal) No. 491 of 2022
In the Bilkis Bano case, Senior Advocate V Chitambaresh, appearing for the released convicts, told the Supreme Court on Wednesday (September 20) that a remission order can be challenged only in a high court, and not in the Supreme Court. Pointing out that Article 226 of the Constitution, which conferred on high courts the power to issue writs was wider than Article 32, the senior counsel argued – “An order granting remission can only be challenged under Article 226, and not under Article 32. We have come across orders declining remission being challenged under Article 32 because there is an infringement of a fundamental right guaranteed under Part III of the Constitution. A remission order is open to judicial review only under Article 226, and not under Article 32.
The Supreme Court recently restrained the Telangana High Court and the District Courts from passing any orders in relation to the working of the Single Member Committee which was been constituted by the Top Court for the elections of the Hyderabad Cricket Association. The Court further ordered that if any directions in this regard have already been passed by the High Court or the District Courts, then they should not be given effect to
Supreme Court Expresses Shock At HC Order Reducing Maintenance For Wife As Merely Rs.1,000 Per Month
Recently, a Division Bench of the Supreme Court, while hearing an appeal, expressed shock at the impugned judgment of the Jharkhand High Court, whereby the maintenance amount of Rs. 5,000, awarded by the Trial Court, was reduced to Rs. 1,000, per month. The Court further opined that it finds no justification for reducing the amount to such an extremely low limit
Case Title: News Broadcasters Association v. Union Of India And Ors
Citation: Diary No. 10801-2021
The Ministry of Information and Broadcasting through its recent affidavit has told the Supreme Court that the NBDA (News Broadcasters & Digital Association) is trying to create monopolistic rights in the complaint redressal mechanism for news broadcasters, free from statutory accountability and action.
Case Title: Sita Soren v. Union of India
Citation: CRIMINAL APPEAL NO. 451 OF 2019
The Supreme Court on Wednesday referred the judgement in PV Narasimha Rao v State (1998) to a seven-judge bench. The judgement in PV Narasimha Rao had held that legislators enjoyed immunity from prosecution in cases of bribery in relation to parliamentary vote and speech as per Article 105(2) and Article 194(2) of the Indian Constitution. However, it had added that the immunity would only be extended if the legislators carried out the act that they had taken the bribe for.
Assam NRC | Supreme Court To Hear Challenge To Section 6A Citizenship Act From October 17
The Supreme Court today decided that it will commence hearing the batch of petitions challenging the constitutional validity of Section 6A of the Citizenship Act, 1955 from October 17, 2023. The bench comprising CJI DY Chandrachud along with Justices AS Bopanna, MM Sundresh, JB Pardiwala, and Manoj Misra had taken up the matter today to pass procedural directions.
Case Title: Animal Welfare Board of India V. People For Elimination of Stray Troubles
Citation: C.A. No. 5988/2019
The Kannur District Panchayat from the State of Kerala in a recent affidavit has told the Supreme Court that an estimated 30 stray dog bites are being reported in Kannur district everyday.
The Panchayat has informed the Apex Court that despite its best efforts to curb the issue, the incidents of stray dog attacks, bites and road accidents due to collision with dogs, are increasing day by day.
Case Title: Ashok Kumar Jain v. UoI
Citation:W.P. (C) No.546/2000
A Constitution Bench of the Supreme Court on Wednesday (September 20) posted a batch of cases challenging the reservations provided for Scheduled Castes(SCs) and Scheduled Tribes(STs) communities in Lok Sabha and State Legislative Assemblies for hearing on November 21
Case Title: Anubrata Mondal @ Kesto v. Central Bureau of Investigation
Citation: Diary No. 33558 of 2023
The Supreme Court on Monday issued notice in Trinamool Congress (TMC) leader Anubrata Mondal’s bail application in connection with an alleged cross-border cattle smuggling scam, and sought the response of the Central Bureau of Investigation (CBI) to his prayer. Mondal, who is currently lodged in Delhi’s Tihar jail, was arrested in August last year by the central agency.
Supreme Court Stays Karnataka HC Judgment Setting Aside Election Of JD(S) MP Prajwal Revanna
Case Title: Prajwal Revanna v. Sri A Manju & Ors
Citation: C.A. No. 5815/2023
The Supreme Court on Monday, as an interim direction, stayed the judgement of the Karnataka High Court which set aside the election of Janata Dal (Secular) Prajwal Revanna as a Member of Parliament from Hassan Parliamentary constituency in 2019 Lok Sabha elections, for filing a false election affidavit.
People Remaining Behind Bars As Undertrials A Disturbing Trend : Supreme Court Judge Justice SK Kaul
Justice Sanjay Kishan Kaul, Supreme Court judge and Executive Chairperson of the the National Legal Services Authority (NALSA), expressed concerns about the situation of undertrial prisoners.
"We could not have a scenario where we perceive that the only punishment that can be delivered is keeping people at the undertrial stage irrespective of whether the prosecution has the ability to get the conviction ultimately", he said while speaking at the launch of Under Trial Review Committee (UTRC) Special Campaign 2023, by the National Legal Services Authority (NALSA).
Case Details: Director of Vigilance and Anti-Corruption v. Edappadi Palaniswamy & Anr.
Citation: Special Leave Petition (Criminal) No. 11315 of 2023
The Supreme Court on Monday adjourned the hearing of a plea filed by Tamil Nadu Director of Vigilance and Corruption (DVAC) challenging a Madras High Court order ruling out a fresh inquiry ordered by the state government against former chief minister Edappadi Palaniswami in connection with an alleged highway tender scam
In yet another development in the Adani-Hindenburg matter, the petitioner seeking a Court monitored investigation against the Adani group companies has filed a new affidavit in the Supreme Court, raising apprehensions against the Expert Committee constituted by the Supreme Court.
The affidavit filed by petitioner Anamika Jaiswal has alleged that three out of the six members of the committee "fail to inspire confidence among the people of the country" owing to their background and relations with Adani
Case Title: ELECTION COMMISSION OF INDIA vs. NAROTTAM MISHRA
Citation: C.A. No. 811/2019
The Supreme Court, on Monday(September 18), heard the appeal pertaining to the disqualification of Madhya Pradesh’s Home Minister Narottam Mishra. The appeal was filed by the Election Commission of India (ECI) challenging the Delhi High Court’s 2018 decision which had set aside ECI’s order, passed in 2017, disqualifying Narottam Mishra
Read What Supreme Court Told Centre About Women’s Reservation Bill One Month Ago
On the inaugural day (September 18) of the special session of the Parliament, the union cabinet reportedly approved the tabling of the women’s reservation bill. But lesser known is that one month ago, the Supreme Court had questioned the Central Government for not making its stand clear on the issue of women reservation.
The Court asked the Central Government why it had not filed its response to a PIL filed in 2021 seeking reservation for women in legislature.
Law's Outcome Depends On Who Wields The Law In Their Hands : CJI DY Chandrachud
Chief Justice of India, DY Chandrachud recently spoke on how justice and the outcome of the law depends on who is wielding the law in their hands.
“When the law is wielded with compassion, it is capable of producing justice, when it is wielded with a sense of arbitrary power it yields injustice. The law is the same, the outcomes depends on who wields the law in their hands. I mean not just the judges and lawyers, but civil society.
Plea In Supreme Court Seeks Law To Ban Screening Procedure For Nursery School Admissions In Delhi
A civil rights group ‘Social Jurist’, has approached the Supreme Court against the order of the Delhi High Court rejecting its Public Interest Litigation (PIL) filed to expedite the finalization of Delhi School Education (Amendment) Bill, 2015. The bill prescribes banning of a screening procedure in the admission of children at the pre-primary level.
The plea contends that even though bill was prepared back in 2015, it is yet to be passed. The plea states that the delay in passing the bill is because it is hanging in between the Central Government and the Delhi Government. The plea contends that the delay is against the interest of children.
India’s Arbitration Law Is In A ‘Chronic State Of Animated Suspension’: Fali S Nariman
Speaking at the inaugural session of the United Nations Commission on International Trade Law (UNCITRAL) South Asia Conference, 2023 Senior Advocate, Fali S Nariman, said that India’s Arbitration law is in a ‘chronic state of animated suspension’.
In the event held on September 14, Nariman said that when the Arbitration and Conciliation Act, 1996 was enacted it largely conformed to the UNCITRAL model law adopted by the U.N General Assembly in 1985. However, since the subsequent amendments, the 1996 Act ‘went off the rails’, he remarked.
CJI DY Chandrachud Cautions Lawyers Against Resorting To Strikes & Boycotts
Chief Justice of India DY Chandrachud cautioned against lawyers resorting to strikes and boycotting courts. Issues could always be amicably resolved by discussion and co-operation between the Bar and the Bench, he said on Sunday (September 17) addressing lawyers at Chhatrapati Sambhaji Nagar to mark the 75th Marathwada Liberation Day, also known as Marathwada Mukti Sangram Din.
Case Title: Gohar Mohammed Versus Uttar Pradesh State Road Transport Corporation & others Citation: Civil Appeal No. 9322 of 2022
The Supreme Court recently directed all State Governments and Union Territories to deposit money with the Court's Registrar for the labour put in by the Amicus Curiae in a matter related to the implementation of the amended Motor Vehicles Act and the Central Motor Vehicles Rules. The States were asked to deposit Rs. 30,000/- each while the UT's were asked to deposit Rs. 20,000/
Most Arbitrators Are Men,This Is Indicative of Our Unconscious Gender Bias: CJI DY Chandrachud
Speaking at the inaugural session of the United Nations Commission on International Trade Law (UNCITRAL) South Asia Conference, 2023, Chief Justice of D Y Chandrachud, highlighted the issue of skewed gender composition in various International arbitral tribunals and institutions.
“I am pleased to note that various International arbitral tribunals and institutions have curated regionally diverse panels of arbitrators. I'm certain that this diversity is a contributor to the success of these institutions in transcending geographical and cultural barriers. However, the gendered compositions in these panels are hard to miss. We face what is called a diversity paradox. That is, a mismatch between our stated objectives and actual appointments. Less than 10 percent of all Indian arbitrators on various International institutional panels, are women. ICC’s 2022 report on gender diversity identified an unconscious bias as contributing to this problem", he said at the event held on September 14.
Case Details: Hemant Soren v. Union of India & Anr.
Citation: Writ Petition (Criminal) No. 378 of 2023
Jharkhand Chief Minister Hemant Soren agreed to withdraw his writ petition against summonses by the Enforcement Directorate (ED) in connection with a money laundering case, after the Supreme Court on Monday expressed its disinclination to entertain the matter.
Case Details: In Re Violence In Lakhimpur Kheri (Uttar Pradesh) Leading To Loss Of Life
Citation: Writ Petition (Criminal) No. 426 of 2021
The Supreme Court on Monday disbanded a special investigation team (SIT) constituted by it to probe into the October 2021 Lakhimpur Kheri violence that claimed the lives of eight individuals, including four protesting farmers who were allegedly mowed down by a vehicle in the convoy of Bharatiya Janata Party leader Ajay Kumar Mishra’s son, Ashish Mishra. The court also relieved former Punjab and Haryana High Court judge Rakesh Kumar Jain, who had been appointed to supervise the probe, of his responsibilities
Case Title: News Broadcasters Association v. Union Of India And Ors.
Citation: SLP(C) No. 17959-17960/2023
The Supreme Court on Monday (September 18) orally said that it does not want to get caught up in the rivalry between rival news media organisations and that it was only concerned with giving the self-regulatory mechanism for TV channels "some teeth".
Case Title: Sunil Prabhu v. Speaker, Maharashtra State Legislative Assembly
Citation: WP (C) No. 685/23
The Supreme Court on Monday (September 18) expressed disapproval of the delay by the Speaker of the Maharashtra Legislative Assembly in deciding the disqualification petitions arising out of the rift within the Shiv Sena party between the Uddhav Thackeray and Eknath Shinde groups.
The Court said that the Speaker cannot delay the proceedings under the Tenth Schedule of the Constitution indefinitely and that there has to be a sense of respect to the directions passed by the Court
The Supreme Court on Monday (September 18) refused to interfere with an order passed by the Madras High Court which disallowed the sale of Ganesh idols containing plaster of paris in Tamil Nadu.
The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra dismissed a petition challenging a division bench decision of the Madras High Court which stayed an order of a single judge allowing the sale of Ganesh idols made using Plaster of Paris
