Supreme Court Weekly Round-Up: 4th Dec-10th December 2023

Citations: 2023 LiveLaw (SC) 1033 To 2023 LiveLaw (SC) 1048

Nominal Index

Eldeco Housing and Industries Ltd. v. Ashok Vidyarthi 2023 LiveLaw (SC) 1033

Additional Tahsildar v. Urmila G. 2023 LiveLaw (SC) 1034

Mohit Singhal v. State of Uttarakhand 2023 LiveLaw (SC) 1035

Shashi Kant Sharma v. State of UP 2023 LiveLaw (SC) 1037

State of Jharkhand v. Dhananjay Gupta 2023 LiveLaw (SC) 1038

Digvijaysinh Himmatsinh Jadeja v. State of Gujarat 2023 LiveLaw (SC) 1039

Government of NCT of Delhi v. Union of India 2023 LiveLaw (SC) 1040

Mahalakshmi v. State of Karnataka 2023 LiveLaw(SC) 1041

Cox and Kings Ltd v. SAP India Pvt Ltd 2023 LiveLaw (SC) 1042

Dr PN Shukla v. Union of India 2023 LiveLaw (SC) 1044

Dr PN Shukla v. Union of India 2023 LiveLaw (SC)1045

Kunal Choudhary v. State of Jharkhand 2023 LiveLaw (SC) 1045

Harpal Singh v. State of Haryana 2023 LiveLaw (SC) 1046

New India Assurance Co. Ltd. v. Anand Pal 2023 LiveLaw (SC) 1047

Commissioner Of Income Tax v M/s Jindal Steel & Power Limited 2023 LiveLaw (SC) 1048

Judgment/Orders

Order VII Rule 11 CPC - No Evidence Or Merits Of Controversy Can Be Examined While Deciding Rejection Of Plaint: Supreme Court

Case Title: ELDECO HOUSING AND INDUSTRIES LIMITED v. ASHOK VIDYARTHI

Citation: 2023 LiveLaw (SC) 1033

Recently, the Supreme Court (on November 30) held that no amount of evidence or merits of the controversy could be examined at the stage of deciding rejection of a plaint application under Order VII Rule 11 of the Code of Civil Procedure, 1908 (C.P.C.). It may be noted that this order provides the grounds on which the Court shall reject a plaint.

The Bench of Justices Vikram Nath and Rajesh Bindal supported the above observation by referring to the catena of judgments regarding the application of Order VII Rule 11 of CPC.

Kerala Lok Ayukta Only Has Recommendatory Jurisdiction, Cannot Issue Positive Directions: Supreme Court

Case Title: ADDITIONAL TAHSILDAR V. URMILA G.

Citation: 2023 LiveLaw (SC) 1034

The Supreme Court recently held that the Lok Ayukta, under the Kerala Lok Ayukta Act 1999, cannot issue positive directions and that it only has the jurisdiction to submit a report to the concerned authority with its recommendations.

Abetment Of Suicide | Instigation Must Be In Close Proximity To Suicide: Supreme Court Quashes Case Under S.306 IPC

Case title: Mohit Singhal v. State of Uttarakhand

Citation: 2023 LiveLaw (SC) 1035

The Supreme Court, while quashing a case for abetment of suicide against an accused, discussed the essentials to convict a person under Section 306 of the Indian Penal Code(IPC). It is pertinent to note that “Abetment” is defined under section 107 IPC.

The Court explained that, for the first part of Section 107 to apply, the accused must have intentionally encouraged and pushed the person intensely to commit suicide. He must have planned it and his act should be very close to the time when the person actually committed suicide.

Court Not Obligated To Frame Charges If Offences Are Not Made Out From Admitted Evidence Of Prosecution: Supreme Court

Case Title: SHASHI KANT SHARMA v. THE STATE OF UTTAR PRADESH

Citation: 2023 LiveLaw (SC) 1037

The Supreme Court recently (on December 01) reiterated that if the necessary ingredients of an offense are not made out from the admitted evidence of the prosecution, then the Court is not obligated to frame a charge for such an offence against the accused.

"...there is also a long line of precedents that from the admitted evidence of the prosecution as reflected in the documents filed by the Investigating Officer in the report under Section 173 CrPC, if the necessary ingredients of an offence are not made out then the Court is not obligated to frame charge for such offence against the accused," the Court said. Reference was made to judgment rendered in the case of Suresh @ Pappu Bhudharmal Kalani Vs. State of Maharashtra reported in AIR 2001 SC 1375.

Mere Claim Of Innocence Or Undertaking To Participate In Trial Not Sufficient Reasons To Grant Bail In Serious Offences: Supreme Court

Case Title: THE STATE OF JHARKHAND v. DHANANJAY GUPTA @ DHANANJAY PRASAD GUPTA

Citation: 2023 LiveLaw (SC) 1038

The Supreme Court, while hearing an appeal against the order passed by the Jharkhand High Court allowing a bail application for an accused charged with an attempt to murder, observed that simply asserting innocence or agreeing to participate in the trial is not a valid reason for granting bail to an accused in serious offences.

Supreme Court Restores Cheating Case Against Fugitive Mehul Choksi & Wife; Says Gujarat HC Erred In Quashing FIR

Case Title: DIGVIJAYSINH HIMMATSINH JADEJA vs. THE STATE OF GUJARAT

Citation: 2023 LiveLaw (SC) 1039

The Supreme Court recently set aside a 2017 judgment of the Gujarat High Court which quashed an FIR registered by the Gujarat Police in 2015 against businessman Mehul Chinubhai Choksi, who turned fugitive and left India in 2017 following the PNB loan scam case.

Delhi Chief Secretary, Though Appointed By Centre, Must Follow Directions Of Delhi Govt On Matters Over Which It Has Power: Supreme Court

Case: Government of NCT of Delhi v. Union of India

Citation : 2023 LiveLaw (SC) 1040

In the judgment upholding the power of the Central Government to appoint the Chief Secretary of the Government of the National Capital Territory of Delhi, the Supreme Court observed, "The actions (or inactions) of the Chief Secretary must not put the elected government at a standstill."

S.498A IPC | One Trivial Instance Not Sufficient For 'Cruelty': Supreme Court Quashes Case Against Husband's Sisters & Cousins

Case Title: Mahalakshmi v. State of Karnataka

Citation : 2023 LiveLaw(SC) 1041

Recently, the Supreme Court (on November 30) while quashing the criminal proceedings for the offense of cruelty under Section 498A of the Indian Penal Code, 1860, observed that one occurrence, unless serious, with no clear evidence of involvement in the complainant's life, is not sufficient to implicate a person under this provision.

“One instance unless portentous, in the absence of any material evidence of interference and involvement in the marital life of the complainant, may not be sufficient to implicate the person as having committed cruelty under section 498A of the IPC.,” the bench of Justices Sanjiv Khanna and S.V.N Bhatti observed.

Principle Of 'Alter Ego' Or 'Piercing Corporate Veil' Not The Basis For 'Group Of Companies' Doctrine: Supreme Court

Case: Cox and Kings Ltd v. SAP India Pvt Ltd | ARBIT. PETITION No. 38/2020

Citation: 2023 LiveLaw (SC) 1042

While approving the 'group of companies' doctrine in the arbitration law jurisprudence, the Supreme Court clarified that the principle of "alter ego" or "piercing the corporate veil" cannot be the basis for applying this doctrine.

Arbitration Agreement Can Bind Non-Signatories: Supreme Court Upholds 'Group Of Companies' Doctrine

Case: Cox and Kings Ltd v. SAP India Pvt Ltd

Citation: 2023 LiveLaw (SC) 1042

A Constitution Bench of the Supreme Court on Wednesday (December 6) held that an arbitration agreement can bind non-signatories as per the "group of companies" doctrine.

"The 'group of companies' doctrine must be retained in the Indian arbitration jurisprudence considering its utility in determining the intention of the parties in the context of complex transactions involving multiple parties and multiple agreements," the Court observed.

Officer Given Higher Pay Than Others In Same Cadre: Supreme Court Slams Favouritism, Directs Recovery

Case title: Dr PN Shukla v. Union of India

Citation: 2023 LiveLaw (SC) 1044

The Supreme Court recently rebuked the authorities involved in granting a higher pay scale to an employee(respondent No. 4) at the Commission for Scientific and Technical Terminology (CSTT). The Court questioned the apparent collusion between authorities and the employee who received special treatment from the authorities, leading to the unjustifiable grant of a higher pay scale.

'Exchequer Should Not Suffer': Supreme Court Directs Officers To Reimburse Loss Caused By Their Illegal Decisions

Case Title: Dr. P.N. SHUKLA V. UNION OF INDIA

Citation: 2023 LiveLaw (SC) 1045

The Supreme Court recently directed certain public servants to reimburse the loss caused to the public exchequer by their illegal decisions.

S.498A IPC - Bail Condition That Husband Should Resume Conjugal Life With Wife Can't Be Imposed: Supreme Court

Case Title: KUNAL CHOUDHARY vs. THE STATE OF JHARKHAND

Citation: 2023 LiveLaw (SC) 1045

Recently, the Supreme Court observed that while granting anticipatory bail to the accused husband under Section 498A of the IPC, a condition that the husband shall take his wife to his house and maintain and honor her, cannot be imposed.

S.138 NI Act | Availability Of Funds In Other Bank Accounts Not A Defence; Cheque Dishonour Relates To Specific Account: Supreme Court

Case Title: Harpal Singh v. State of Haryana

Citation: 2023 LiveLaw (SC) 1046

Recently, the Supreme Court (on December 04) categorically held that in proceedings initiated for bounced cheques (under Section 138 of the Negotiable Instruments Act), the defence that there are sufficient funds in the other bank accounts cannot be appreciated.

“In a proceeding under Section 138 of the Negotiable Instruments Act, the accused cannot rely upon other bank accounts for the dishonoured cheque which relates to specific bank account of the accused," held the bench of Justices Hrishikesh Roy and Sanjay Karol.

Supreme Court Sets Aside Motor Accident Compensation Awarded To Elder Brothers Of Deceased; Says They Weren't Dependants

Case Title: THE NEW INDIA ASSURANCE COMPANY LIMITED v. ANAND PAL

Citation : 2023 LiveLaw (SC) 1047

Recently, the Supreme Court, in its order dated December 04, rejected the compensation awarded to the brothers (respondents) of the deceased victim under the Motor Vehicles Act, 1988. The Court did not accept that three older married siblings would be dependent on the victim's earnings. Apart from this, the Court also noted that the victim was living separately and not with his brothers.

“The siblings of the victim were older and were married with their own respective families. In these circumstances, they being dependent on the victim's earnings is unlikely particularly when the victim resided separately.,” Justices Hrishikesh Roy And Sanjay Karol.

Income Tax Act | To Compute Deduction Under S. 80-IA, Market Value Of Electricity Is The Rate At Which State Board Supplies Power: Supreme Court

Case Title: Commissioner Of Income Tax v M/s Jindal Steel & Power Limited

Citation: 2023 LiveLaw (SC) 1048

The Supreme Court has held that for the purpose of computing deduction under Section 80 IA of the Income Tax Act, 1961, the rate at which the State Electricity Board supplies power to the consumers has to be taken as the market value of electricity.

Section 80-IA of the Income Tax Act deals with deductions in respect of profits and gains from industrial undertakings or enterprises engaged in infrastructure development etc. M/s Jindal Steel & Power Limited (“Assessee”) had set up captive power generating units to supply electricity to its industrial units and supplied surplus to the State Electricity Board. Assessee claimed deduction under Section 80-IA in respect to profits of the power generating units. The Revenue reduced the claimed deduction amount while holding that the deduction should be computed at the price at which electricity was supplied by the Assessee to the State Electricity Board.

News Updates

Sense Of Intolerance Among Communities Causing Polarisation Across The World: CJI DY Chandrachud

Chief Justice of India DY Chandrachud during his keynote address at the 2023 Jamnalal Bajaj Awards ceremony said that the polarization witnessed both in India and around the world is marked by factors such as the growth of social media, a sense of intolerance among communities, and the short attention spans of the younger generation.

“Much of the polarization which we see today across the globalized world, the polarization between the right and the left and the center, the polarization which we experience across the world, and India is no exception, is also marked by the growth of social media, the sense of intolerance among communities, the short attention spans with the younger generation has”.

Tribunal Vacancies Are Kept Open For A Long Time; There's A Constant Tussle For Control On Judges Appointments: CJI DY Chandrachud

Chief Justice of India DY Chandrachud highlighted the problem of vacancies in tribunals while addressing a public event on Friday.

“We ask ourselves whether we should have constituted so many tribunals. Because you don't get judges, when you do, the vacancies are kept open for a long time. There is a constant tussle over who will control the appointment of judges”, the CJI said addressing the inauguration ceremony of the new office premises of the Central Administrative Tribunal (CAT) in Mumbai.

Delhi Liquor Policy Case | 'There Seems To Be Contradictions Between CBI & ED Allegations': Supreme Court Grants Bail To Pernod Ricard Regional Head

Case: Benoy Babu v. Directorate of Enforcement

Citation: SLP(Crl) No. 11644-11645/2023

The Supreme Court on Friday (December 8) granted bail to Benoy Babu, Regional Manager of Pernod Ricard India(Indian subsidiary of global liquor company), in the money laundering case in connection with the Delhi liquor policy scam.

Judges Not Expected To Preach': Supreme Court Disapproves Of Calcutta HC Advising Adolescent Girls To Control Sexual Urges

Case title: In Re: Right to Privacy of Adolescent

Citation: SMW (Civil) No. 3 of 2023

The Supreme Court on Friday (December 8) expressed disapproval of certain observations made by the Calcutta High Court regarding the sexual behaviour of adolescents.

While deciding an appeal in a sexual assault case involving young adults, the High Court had issued a set of advisories to teenagers, particularly cautioning girls in their adolescence to 'control their sexual urges' to prevent being deemed a 'loser' in the eyes of society “when she gives in to enjoy the sexual pleasure of hardly two minutes”

"As A Servant Of Constitution, I Have To Follow The Law Laid Down": CJI DY Chandrachud On Plea Against Collegium System

Chief Justice of India DY Chandrachud said that as a "servant of the law and the Constitution", he has to follow the laid down law, when a lawyer mentioned a plea challenging the collegium system for judges' appointments.

Lok Sabha Expels TMC MP Mahua Moitra Adopting Ethics Committee Report On 'Cash For Query' Complaint

The Lok Sabha on Friday (December 8) passed a resolution to expel Trinamool Congress MP Mahua Moitra based on the Report of the Ethics Committee over the 'cash for query' complaint.

122 Proposals From High Court Collegiums Pending At Different Stages Of Processing: Ministry Of Law And Justice

The Ministry of Law and Justice has said that as on 04.12.2023, 122 proposals received from High Court Collegiums for appointment of judges are at different stages of processing.

Law Minister Arjun Ram Meghwal furnished this information in response to queries raised by Rajya Sabha MP Dr.John Brittas, belonging to the Communist Party of India (Marxist) regarding vacancies in courts.

Supreme Court Dismisses TN Anti-Corruption Agency's Plea For Fresh Probe Against Ex-CM Palaniswami In Highway Tender Scam Case

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 Friday (December 8) dismissed a plea filed by Tamil Nadu Director of Vigilance and Corruption (DVAC) challenging a Madras High Court order refusing a fresh preliminary inquiry against former chief minister Edappadi Palaniswami in connection with an alleged highway tender scam.

Supreme Court Seeks LG's Response On Delhi Govt Plea To Implement 'Farishtey Dilli Ke' Scheme For Accident Victims

Case Title: Government Of NCT Of Delhi v. Office Of The Lieutenant Governor Of NCT Of Delhi And Ors,

Citation: W.P.(C) No. 1352/2023

The Supreme Court on Friday (08.12.2023) sought the response of Delhi's Lieutenant Governor in a plea filed by the Delhi Government (GNCTD) for re-operationalization of the 'Farishtey' scheme by releasing pending hospital bills and making timely payments to private hospitals. The 'Farishtey Dilli Ke' scheme was introduced by the AAP government to provide free treatment to victims of road accidents, which has been defunct for over a year due to non payment of bills. The plea also seeks disciplinary action against officials responsible for halting the operation of the scheme.

Supreme Court Dismisses PIL Seeking Directions On Election-Related Expenditure Of Political Parties

Case Title: Ramesh Kumar Khatri v. The Election Commission of India

Citation: W.P.(C) No. 001163 - / 2023

The Supreme Court on Friday (08.12.23) dismissed a PIL that sought directions on setting limits to the expenses on election-related affairs of the Political parties.

A bench led by CJI DY Chandrachud and comprising Justices JB Pardiwala and Manoj Misra dismissed the matter.

Will Move Application In Bombay High Court To Vacate Interim Bail Of Chanda Kohcchar & Husband: CBI Tells Supreme Court

Case Details: Central Bureau of Investigation v. Chanda Kochhar

Citation: Diary No. 13670 of 2023

The Central Bureau of Investigation informed the Supreme Court on Friday (December 8) that they will be moving an application before the Bombay High Court to vacate the interim bail granted to granted to former ICICI Bank CEO and MD Chanda Kochhar and her husband, Deepak Kochhar, in the ICICI Bank-Videocon loan fraud case.

The response of the CBI agency came when the Court asked why the agency was not objecting to the continuation of the interim bail granted by the High Court in January this year

Supreme Court Adjourns Until January 19 Plea Against Chandrababu Naidu's Bail In Skill Development Case

Case Details: Nara Chandrababu Naidu v. State of Andhra Pradesh & Anr.

Citation: Special Leave Petition (Criminal) No. 15099 of 2023

The Supreme Court on Friday (December 8) adjourned until January 19 a plea by the State of Andhra Pradesh challenging the regular bail granted to N Chandrababu Naidu, Telugu Desam Party (TDP) supremo and former chief minister of the state, in the skill development scam case

Internet Shutdown: Supreme Court Refuses To Entertain Plea By Journalists' Association For Implementation Of 'Anuradha Bhasin' Judgment

Case Details: Anuradha Bhasin v. Union of India & Ors.

Citation: MA 208 of 2021 in Writ Petition (Civil) No. 1031 of 2019

The Supreme Court on Thursday (December 7) refused to entertain a plea by the Foundation for Media Professionals, a non-profit organization, seeking compliance with the Anuradha Bhasin judgment.

Supreme Court Takes Suo Motu Cognisance Of Calcutta HC Judgment Advising Female Adolescents On Sexual Behaviour

The Supreme Court has taken suo motu cognizance of a Calcutta High Court judgment which observed, "every female adolescent should control sexual urge as in the eyes of the society she will be the looser when she gives in to enjoy the sexual pleasure of hardly two minutes."

Supreme Court To Deliver Judgment In Article 370 Case On December 11

The Supreme Court will pronounce its verdict in the case challenging the Union Government's 2019 decision to repeal the special status of Jammu and Kashmir under Article 370 of the Constitution on December 11.

Prashant Bhushan Writes To SC Registry Alleging Irregularities In Listing Of UAPA Pleas Before Justice Bela Trivedi

Advocate Prashant Bhushan has written to the Registrar of the Supreme Court, against the 'arbitrary' listing of a batch of matters before a bench led by Justice Bela Trivedi. The cases challenge the invocation of the Unlawful Activities (Prevention) Act, 1967 (UAPA) against journalists and lawyers regarding their fact-finding report on the Tripura riots.

All India Judicial Service Important To Strengthen Justice Delivery System But At Present There Is No Consensus: Law Ministry

Responding to the query raised by Rajya Sabha MP Rajeev Shukla on the government's plan to set up All India Judicial Service, the Law Ministry has responded that at present, there is no consensus among the stakeholders on the proposal.

However, the reply also stated, "In the Government's view, a properly framed All India Judicial Service is important to strengthen the overall justice delivery system.”

Less Than 25% Of HC Judges Belong To SC, ST, OBCs & Minorities; 13.5% Women Judges In Higher Judiciary: Law Ministry Data

The information furnished by the Union Minister of Law & Justice shows that 492 of the 650 High Court judges appointed between 2018 and 2023 belong to the General Category (75.69%). Out of the High Court judges' appointments made during this period, 23 are from the Scheduled Caste (SC) category, 10 from the Scheduled Tribes (ST) category, 76 from the Other Backward Classes and 36 from religious minorities.

S.6A Citizenship Act | Why Assam Singled Out Though West Bengal Shares Larger Border With Bangladesh? Supreme Court Asks Union

While hearing petitions challenging Section 6A of the Citizenship Act 1955, the Supreme Court on Thursday (December 6) orally remarked that regardless of the outcome of the petitions on the constitutionality aspect, the issues raised in the petitions pertaining to illegal immigration were "crucial problem independent of Section 6A".

The court directed the Union Government to furnish data on the inflow of illegal migrants to Assam and North-Eastern states after March 25, 1971. It also directed the Centre to inform the steps taken by the Government at an administrative level to deal with illegal immigration into the North Eastern states particularly Assam.

Lok Sabha Passes Jammu and Kashmir Reservation Bill, J&K Reorganisation (Amendment) Bill

In a significant legislative move, the Lok Sabha on Wednesday (December 6) two bills amending key laws in Jammu and Kashmir. The bills, namely the Jammu and Kashmir Reservation (Amendment) Bill, 2023, and the Jammu and Kashmir Reorganisation (Amendment) Bill, 2023, were introduced in the Parliament in July this year.

Our Constitutional Ideals Are Not Some Colonial Vestige, Can't Say Constitution Is Un-Indian: Justice S Ravindra Bhat

Former Supreme Court judge Justice S Ravindra Bhat said that the Constitution cannot be termed as a colonial document merely because it was a modification of the Government of India Act 1935 and emphasized that the Constitutional ideals cannot be discarded as some colonial vestige.

Assam Accord | Government Has To Be Given Leeway To Make Compromises For Nation's Well Being, Says Supreme Court

Case Title: In Re Section 6A Of The Citizenship Act 1955

Citation: W.P.(C) No. 274/2009 PIL-W

While hearing petitions challenging Section 6A of the Citizenship Act 1955, the Supreme Court on Wednesday (December 6) orally remarked that certain political compromises made by the government of the day for the overall welfare of the nation cannot be always judged on the basis of hindsight wisdom, as the Government has to be given the leeway to deal the expedient problems of the moment.

Supreme Court Releases Videos On Historic 'Kesavananda Bharati' Judgment In 10 Indian Languages

On December 7, 2023 the Chief Justice of India (CJI) DY Chandrachud announced that the Keshavananda Bharti judgement video, commemorating the 50th anniversary of the landmark case, is now available in 10 Indian languages on the Supreme Court's website. CJI Chandrachud emphasized the importance of breaking down language barriers to make the work of the court accessible to a wider section of society.

Bhima-Koregaon | Supreme Court Adjourns UAPA Accused Shoma Sen's Bail Hearing Until January 10

Case Details: Shoma Kanti Sen v. State of Maharashtra & Anr.

Citation: Special Leave Petition (Criminal) No. 4999 of 2023

The Supreme Court on Wednesday (December 6), while hearing English professor and Bhima Koregaon-accused Shoma Sen's plea against a Bombay High Court order asking her to approach a special National Investigation Agency (NIA) for bail, indicated that it would have to examine whether the supplementary chargesheets filed in the case levelled any fresh allegations against her and these were brought on record before the high court.

Supreme Court Seeks Data From Union Government On Illegal Migration To Assam & NE States Post-1971

The Supreme Court on Thursday (December 7) directed the Union Government to furnish data on the inflow of illegal migrants to Assam and North-Eastern states after March 25, 1971.

The Court also directed the Centre to inform the steps taken by the Government at an administrative level to deal with illegal immigration into the North Eastern states particularly Assam. Details have to be furnished in regard to extent of border fencing and the estimated timelines to complete border fencing.

Assam Accord | S.6A Citizenship Act Was Enacted Considering Humanitarian Aspects After Bangladesh Liberation, Says Supreme Court During Hearing

A Constitution Bench of the Supreme Court on Tuesday (December 5) commenced the hearing of a batch of petitions challenging Section 6A of the Citizenship Act 1955, the statutory provision giving effect to the Assam Accord.

The provision, inter alia, allows foreign migrants, who came to Assam after the 1st January, 1966 but before the 25th March, 1971, to seek Indian citizenship. Certain indigenous groups of Assam have challenged this provision, contending that it legalised illegal infiltration of foreign migrants from Bangladesh.

Assam Accord | Supreme Court Seeks Official Data On Number Of People Benefitted From Section 6A Of Citizenship Act

Case Title: In Re Section 6A Of The Citizenship Act 1955

Citation: W.P.(C) No. 274/2009 PIL-W

On the first day of the hearings pertaining to a batch of petitions challenging the constitutional validity of Section 6A of the Citizenship Act, 1955, the Supreme Court Constitution Bench asked the Solicitor General of India Tushar Mehta to provide official data on how many people benefitted from Section 6A of the Act.

Difficult To Bring Up A Child In Your 60s': Supreme Court On Challenge To Age Limit Under Surrogacy Act

Case Title: Arun Muthuvel v. Union of India

Citation: Writ Petition (Civil) No.756/2022

The Supreme Court on Tuesday orally expressed its reservations about the applications filed before it by persons wanting to have a child through surrogacy under the Surrogacy (Regulation) Act, 2021 who are beyond the age limit prescribed under the Act.

Dushyant Dave Writes To CJI DY Chandrachud About Change Of Benches In 'Sensitive Matters'; Says Listing Rules Are Disregarded

Sr. Adv. Dushyant Dave has written an open letter to Chief Justice D.Y. Chandrachud, expressing "anguished at certain happenings about the listing of cases by the Registry of the Supreme Court". Dave has said in the letter that some of the matters being relisted by the registry are "sensitive matters" involving human rights, Freedom of Speech, Democracy, and Functioning of Statutory and Constitutional Institutions.

'Unfair Burden On Lawyers': Supreme Court Advocates-on-Record Association Opposes Decision To Ban Adjournment Letters Till December 15

The Supreme Court Advocates-on-Record Association (SCAORA) has objected to a circular released yesterday by the Supreme Court registry discontinuing the practice of circulating adjournment letters or slips one day before a matter is listed, until the last working day of the year, i.e., Friday, December 15.

Committee Constituted To Frame Guidelines For Seizure Of Digital Devices: Centre Tells Supreme Court

The Central Government on Wednesday (December 6) told the Supreme Court that a committee has been constituted to look into the framing of guidelines regarding the seizure of digital devices by investigation agencies. Upon the assurance of the Additional Solicitor General of India that the process would be expedited, the Supreme Court adjourned until December 14 the hearing of pleas raising concerns over the arbitrary seizure of media professionals' digital devices.

Supreme Court Dismisses PIL Alleging Adulteration Of Honey With Sugar Syrup By Major Indian Brands

Case Title: Cause Title: Anti Corruption Council Of India Trust v. Ministry Of Home Affairs Citation: WRIT PETITION (CIVIL) NO.418 OF 2021

The Supreme Court on Monday (04.12.2023) dismissed a Public Interest Litigation (PIL) that sought a purity test of several brands of honey sold in the market due to various reports claiming that many major brands selling honey are indulging in adulteration.

'We are not inclined to entertain this petition filed under Article 32 of the Constitution of India. The Writ Petition is, accordingly, dismissed' the Bench of Justice Vikram Nath and Justice Rajesh Bindal recorded in its order.

Supreme Court Asks Army To Frame Policy On Women Officers' Promotion

Case Details: Union of India v. Lt. CDR. Annie Nagaraja, Executive Officer

Citation: Diary No. 23843-2023

The Supreme Court on December 4 told the Indian Army to frame a policy regarding the promotion of women officers, who have been granted permanent commission following the judgments of the Court.

Jammu & Kashmir Special Status: Supreme Court's Judgment In Article 370 Case To Be Pronounced This Month

The Supreme Court is likely to pronounce its verdict in the long-pending case challenging the Union Government's 2019 decision to repeal the special status of Jammu and Kashmir under Article 370 of the Constitution this month (December 2023).

Supreme Court Notifies Constitution Bench To Hear Reference Against 'Asian Resurfacing' Judgment On Automatic Stay Vacation

Case Title: HIGH COURT BAR ASSOCIATION ALLAHABAD v. THE STATE OF UTTAR PRADESH

Citation: Crl. A. No. 3589/2023

The Supreme Court has notified the composition of the Constitution Bench which will hear the reference against the 2018 judgment in Asian Resurfacing of Road Agency P. Ltd. Director V. Central Bureau of Investigation as per which interim orders of stay granted by High Courts and other courts in civil and criminal cases will automatically expire after a period of six months unless the orders are specifically extended.

Supreme Court Adjourns Satyendar Jain's Bail Hearing Until December 11; Interim Order To Continue

Case Title: Satyendar Kumar Jain v. Directorate of Enforcement

Citation: Special Leave Petition (Criminal) No. 6561 of 2023

The Supreme Court on Monday (December 4) adjourned the hearing of Satyendar Jain's bail plea until Monday, December 11. However, it agreed to extend the interim bail granted earlier this year to the Aam Aadmi Party (AAP) leader until the next date of hearing.

Mukhtar Ansari's Son Moves Supreme Court Seeking His Transfer From UP Jail Apprehending Threat To Life; Refers To Atiq Ahmed's Murder

Case Title: UMAR ANSARI v. STATE OF UTTAR PRADESH

Gangster-politician Mukhtar Ansari's Son, Umar Ansari has moved the Supreme Court apprehending 'imminent and serious threat' to his father who is currently lodged in Banda Jail in Uttar Pradesh.

The writ petition filed under Article 32 of the Constitution seeks transfer of Ansari, a former MLA, to any jail outside Uttar Pradesh in a state ruled by any party other than the BJP.

Students Affected By Manipur Violence Can Attend Classes Online Or Get Admission In Assam University And North East Hill University: Supreme Court

In a plea for relocating 284 students affected by the Manipur violence to different Central Universities where they could continue their studies, the Supreme Court today (04.11.2023) provided three options for the students – a) attend classes at Manipur University online; b) attend the Assam University, Silchar or; c) attend North East Hill University, Shillong.

Supreme Court Refuses To Entertain PIL Against Adulterated Ayurvedic Medicines

Case: Vishnu Kumar v. Union Of India

Citation: Diary No.- 46425 - 2023

On Monday (04.11.2023), the Supreme Court refused to entertain a Public Interest Litigation (PIL) seeking to challenge the adulteration of ayurvedic medicines across the country. The matter was listed before a bench led by the Chief Justice of India (CJI) DY Chandrachud and comprised of Justice JB Pardiwala and Manoj Misra. While noting that adulteration of medicines was illegal, the bench remarked that it could not entertain a writ of such a nature.

West Bengal Universities' Row | Supreme Court Seeks Attorney General's Intervention For Resolution Of Deadlock Between Governor & Govt

Case Details: State of West Bengal v. Dr. Sanat Kumar Ghosh & Ors.

Citation: Special Leave Petition (Civil) No. 17403 of 2023

In the latest development in the ongoing clash between West Bengal Governor CV Anand Bose and the state government over interim vice-chancellor appointments at state-run universities, the Supreme Court last week(December 1) asked Attorney General for India R Venkataramani to organise a joint meeting with all stakeholders to break the logjam.

Independent Evaluation By MoEF&CC Necessary To Determine If Iron Ore Mining In Odisha Needs To Be Capped: Supreme Court

Case Title: Common Cause v Union Of India. And Ors.

Citation: W.P.(C) No. 114/2014 PIL-W

The Supreme Court today (04.12.2023) opined that an independent evaluation by the Ministry of Environment, Forest and Climate Change (MoEFCC) was necessary to determine whether a cap on iron ore mining needed to be imposed in the State of Odisha as the decision would affect issues such as sustainable development and intergenerational equity.

Supreme Court Grants Interim Relief To Manipur Journalist Against FIRs Over Tweets On Manipur Violence

The Supreme Court on Monday (04.11.2023) stayed the proceedings on FIRs lodged against Journalist Makepeace Sitlhou for tweets she made in relation with Manipur violence.

Appearing for Sitlhou, Senior Advocate Kapil Sibal submitted that she is Fulbright scholar who was facing FIRs for certain tweets

Central Civil Service Rules - Can Prior Service, From Which Officer Resigned, Can Be Counted For Pension Benefits? Supreme Court To Consider

Case Title: UNION OF INDIA v. ASHOK KUMAR ACHARYA

Citation: Diary No.- 36635 – 2023

The Supreme Court is set to examine whether a Central Government servant, who has given his resignation after being selected for another post, is entitled to any service benefits arising from the previous job as per the Central Civil Service (Pension) Rules.

Supreme Court Seeks Progress Report On Construction Of J&K&L High Court Jammu Bench New Complex

Case Title: ACHAL SHARMA v. UNION OF INDIA

Citation: Diary No.- 16454 - 2020

The Supreme Court asked the Center to place on record the construction progress of the new complex of the High Court of Jammu and Kashmir and Ladakh, Jammu Bench. This direction was passed when the Centre apprised the Bench about the tentative proposal. As per this, once the High Court shifts to the new complex, the old building can be utilized for the purposes of the Central Administrative Tribunal (CAT).

"I'm Sure Chief Justice Is Aware Of It" : Justice SK Kaul On Deletion Of Petitions Against Centre's Delay In Judges' Appointments

Case: Advocates Association Bengaluru v. Barun Mitra & Anr

Citation: Contempt Petition (Civil) No. 867 of 2021 in Transfer Petition (Civil) No. 2419 of 2019

The petitions filed against the Central Government delaying the judges appointment were not listed in the Supreme Court today, despite a specific direction on the previous date of hearing.

Advocate Prashant Bhushan, appearing for one of the petitioner, invited the attention of the bench comprising Justice Sanjay Kishan Kaul and Sudhanshu Dhulia regarding this. Though the petitions were initially shown in the causelist for today, they were later deleted.

Supreme Closes Plea By Lawyer & Intern Against MP Police Case Over Alleged PFI Links; Allows Them To Approach HC

Case Title: Noorjahan @Noori And Anr v. State of Madhya Pradesh

Citation: WP(Crl) No. 73/2023

The Supreme Court on Tuesday (05.12.2023) closed a writ petition filed by a lawyer and her intern seeking independent investigation into a case registered against them in Indore in Madhya Pradesh over alleged links to the PFI.

Supreme Court Seeks Centre's Response On Plea To Allow Surrogacy For Single Unmarried women

Case Title: Neha Nagpal alias Neeha Nagpal vs Union of India

Citation: W.P.(C) No. 1316/2023

The Supreme Court on Tuesday (05.12.2023) sought the response of the Central Government in a plea challenging various provisions of the Surrogacy (Regulation) Act, 2021 and the Surrogacy (Regulation) Rules, 2022 that excludes unmarried single women from availing the option of having children through surrogacy.

Lawyers Should Not Circulate Adjournment Slips Till December 15: Supreme Court

The Supreme Court has announced that lawyers will not be permitted to seek adjournments in advance by circulating letters till December 15, 2023.

"In order to accommodate the request of listing maximum number of cases in the interest of litigants and in view of the ensuing winter vacation, all stakeholders to note that the practice of circulating adjournment slips/letters is discontinued with immediate effect till 15.12.2023", stated a notification issued by the Registry