Supreme Court Monthly Round-Up November 2023

Citations: 2023 LiveLaw (SC) 932 To 2023 LiveLaw (SC) 1025Nominal Index Indrakunwar v. State of Chattisgarh 2023 LiveLaw (SC) 932Manish Sisodia v. Central Bureau of Investigation 2023 LiveLaw (SC) 934Bhisham Lal Verma V. State of Uttar Pradesh 2023 LiveLaw (SC) 935Pradeep Mehra V. Harijivan J. Jethwa 2023 LiveLaw (SC) 936Manak Chand v. State of Haryana 2023 LiveLaw (SC) 937IFFCO Tokio...

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.The bench led by CJI DY Chandrachud and comprising Justices JB Pardiwala and Manoj Misra...

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

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. A bench comprising Chief Justice DY...

Remove Speaker's Power To Decide Disqualification Under 10th Schedule Of Constitution, Let HC Decide Instead : Arvind Datar

The Speaker's power to decide the disqualification of elected members defecting from their original political party under the 10th Schedule of the Constitution should be removed and should instead be given to the High Court in the form of election petitions, Senior Advocate Arvind Datar said while delivering the KT Desai Memorial Lecture on Monday. “First thing we have to do is to remove...

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

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. A bench of Justices Surya Kant and...

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

The Supreme Court recently (on December 01) reiterated that if the necessary ingredients of an offence 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...

Supreme Court Refuses To Entertain PIL Against Adulterated Ayurvedic Medicines

On Monday (04.11.2023), 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 Justice JB Pardiwala and Manoj Misra. While noting that adulteration of medicines was illegal, the bench remarked...

Lok Sabha Passes Advocates (Amendment) Bill 2023

The Lok Sabha today passed the Advocates (Amendment) Bill, 2023. It was introduced in Rajyasabha on August 1 and was passed in the upper house on August 3.The bill, which seeks to amend the Advocates Act, 1961, has made the act of 'Tout' punishable and repealed certain provisions of the Legal Practitioners Act, 1879 which have become obsolete.According to the statement of object and reasons...

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. The bench comprising CJI...

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

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. Umar Ansari's...

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

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.A bench comprising Justices AS Bopanna and Bela M Trivedi is currently hearing the former Delhi government cabinet minister's special...

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

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...