Supreme Court Monthly Roundup- August 2023

Judgments/OrdersUAPA - 'Watali' Precedent Won't Apply If Evidence Is Of Low Probative Value On Surface Level Analysis: Supreme CourtCase title: Vernon v. State of MaharashtraCitation: 2023 LiveLaw (SC) 575The Supreme Court’s decision to grant bail to Bhima Koregaon-accused and activists Vernon Gonsalves and Arun Ferreira appears to have carved out a crucial exception in an otherwise...

Supreme Court Half Yearly Digest 2023 -Code Of Civil Procedure, 1908

Section 10 - Stay of SuitCode of Civil Procedure, 1908; Section 10 - Stay of Suit - By virtue of Section 10 CPC, a Court is prohibited from proceeding with trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit, of course, subject to other conditions mentioned therein. The object of the prohibition contained in Section 10 CPC...

Supreme Court Weekly Round-Up [Aug 7-13]

Judgments/OrdersCentral Civil Service Rules | Retired Employee Can Be Appointed As Inquiry Authority In Disciplinary Proceedings: Supreme CourtCase title: Union of India v. Jagdish Chandra SethyCitation: 2023 LiveLaw (SC) 609The Supreme Court recently held that the disciplinary authority under the Central Civil Service Rules is empowered to appoint a retired employee as an inquiry authority....

Supreme Court Half Yearly Bail Digest 2023

Accused cannot be denied bail on the sole ground that the co-accused has not surrendered. Sebil Elanjimpally v. State of Odisha, 2023 LiveLaw (SC) 474 : 2023 INSC 557Accused not entitled to default bail when first extension (passed in absence of accused) wasn't challenged & second extension was passed in his presence. Qamar Ghani Usmani v. State of Gujarat, 2023 LiveLaw (SC) 297 : AIR 2023...

Supreme Court Half Yearly Digest 2023, Administrative Law

A notification which is not in compliance with clause (1) of Article 77 is not invalid, unconstitutional or non-est for that reason alone. Rather, the irrebuttable presumption that the notification was issued by the President of India (acting for the Union Government) is no longer available to the Union Government. The notification continues to be valid and it is open to the Union Government...

Supreme Court Half Yearly Digest 2023- Arbitration

12 months’ time limit under Section 29A Arbitration Act not applicable to international commercial arbitration. TATA Sons Pvt. Ltd. v. Siva Industries and Holdings Ltd., 2023 LiveLaw (SC) 39 : 2023 INSC 13 : (2023) 5 SCC 4212015 Arbitration Amendment not applicable though S.11 application was filed after it, if arbitration notice was issued pre-amendment. Shree Vishnu Constructions v....

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [July 17 – 23, 2023]

SUBJECT WISE INDEXBailSupreme Court grants bail to Teesta Setalvad; calls Gujarat HC observations 'perverse', 'contradictory'. Teesta Atul Setalvad v. State of Gujarat, 2023 LiveLaw (SC) 554 : 2023 INSC 637ChequeNI Act | In cheque dishonour case, interim compensation can be ordered to be paid only after the accused pleads not guilty. Pawan Bhasin v. State of U.P., 2023 LiveLaw (SC)...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [July 10 – 16, 2023]

SUBJECT WISE INDEXAdvocateSupreme Court 'shocked' to see lawyer filing Article 32 petition against state to recover legal fees. Vijay Kumar Shukla v. State of U.P., 2023 LiveLaw (SC) 523Civil LawConcealment of material facts from the Court - A litigant can be nonsuited in case he is found guilty of concealing material facts from the court or misstating the same. (Para 54) State of Orissa v....

Supreme Court Stays Conviction Of Congress Leader Rahul Gandhi In 'Modi-Thieves' Defamation Case Which Disqualified Him As MP

The Supreme Court on Friday stayed the conviction of Congress leader and former Member of Parliament (MP) Rahul Gandhi in the criminal defamation case over the "why all thieves have Modi surname" remark. With the stay of his conviction, Rahul Gandhi's disqualification as MP also now remains in abeyance.The Court observed in the order as follows :"The sentence for an offence punishable...

Punjab & Haryana High Court Half Yearly Digest: January to June 2023 [Citation 1 - 117]

Nominal IndexM/s Simplex Infrastructure Ltd. & Anr. versus M/s J.P. Singla Engineers and Contractor 2023 LiveLaw (PH) 1Jagjit Singh @ Jaggi v. State of Punjab 2023 LiveLaw (PH) 2Sandeep Singh Sandhu vs. State of Punjab along with connected matters 2023 LiveLaw (PH) 3M/s. G.D. Goenka School v. Parveen Singh Shekhawat and Others and M/s. G.D. Goenka School v. Ajay Singh Shekhawat and Other...

Rahul Gandhi's Conviction Stayed - LIVE UPDATES From Supreme Court

Supreme Court to hear Rahul Gandhi's plea TODAY against Gujarat High Court's order refusing to stay his conviction in criminal ddefamation case over 'why all thieves share Modi surname' remark.Rahul Gandhi approached the Supreme Court challenging the Gujarat High Court's order dismissing his application to stay the conviction in the criminal case. The conviction in the case led to...

Supreme Court Monthly Round-Up: July 2023

Judgment/OrdersSupreme Court Grants Interim Protection To Teesta Setalvad For 7 Days ; Stays HC Order After Special Night SittingCase title- Teesta Atul Setalvad v. State of Gujarat Citation-SLP (CRIMINAL) Diary No(s). 25725/2023The Supreme Court at a special sitting on Saturday night granted interim relief to social activist Teesta Setalvad in connection with an FIR lodged against her by...