Supreme Court Monthly Round Up (June 2023)
Sohini Chowdhury
14 July 2023 8:24 AM GMT
Judgements/OrdersSupreme Court Quashes Departmental Proceedings Against Judicial Officer In Odisha[Case Title: Suchismita Mishra v. High Court of Orissa & Ors | WP (C) No. 1042 of 2021]Citation : 2023 LiveLaw (SC) 477The Supreme Court recently quashed a charge sheet filed against a retired judicial officer in Odisha who was facing departmental proceedings for alleged irregularities...
Judgements/Orders
Supreme Court Quashes Departmental Proceedings Against Judicial Officer In Odisha
[Case Title: Suchismita Mishra v. High Court of Orissa & Ors | WP (C) No. 1042 of 2021]
Citation : 2023 LiveLaw (SC) 477
The Supreme Court recently quashed a charge sheet filed against a retired judicial officer in Odisha who was facing departmental proceedings for alleged irregularities committed in the process of selection of caretakers. The bench comprising Justice Bela Trivedi and Justice Ajay Rastogi further held that the judicial officer was entitled to all retirement benefits.
[Case Title: The Indian Oil Corporation & Ors. v Ajit Kumar Singh & Anr.]
Citation: 2023 LiveLaw (SC) 478
The Supreme Court has held that a Constitutional Court, while exercising its power of judicial review, cannot decide the case as if it is the first stage of the case, as if inquiry is still being conducted and inquiry report being prepared. Evidence cannot be reappreciated at the stage of judicial review in a disciplinary proceeding as if conviction in a criminal trial is being re-examined by the next higher court.
In a special sitting held on Saturday, the Supreme Court stayed an order passed by the Allahabad High Court which directed the Head of Astrology Department, Lucknow University to determine if an alleged rape victim is a Mangali/Mangalik by examining her Kundali. A vacation bench comprising Justice Sudhanshu Dhulia and Justice Pankaj Mithal passed the order after taking suo motu cognizance of the High Court's order.
[Case Title: Ghanshyam v. Yogesh Rathi]
Citation: 2023 LiveLaw (SC) 479
The Supreme Court has held that a Will or General Power of Attorney (“GPA”) cannot be recognized as title documents or documents conferring right in any immovable property. It has been further held that the non-execution of any document by the GPA holder consequent to it, renders the said GPA useless.
Competition Act Applicable To Coal India Ltd : Supreme Court
[Case Title: Coal India Ltd v Competition Commission of India]
Citation: 2023 LiveLaw (SC) 484
The Supreme Court held that Coal India Ltd. would come under the purview of the Competition Act, 2002 despite being a Public Sector Undertaking. A Bench of Justices KM Joseph, BV Nagarathna and Ahsanuddin Amanullah delivered the judgment.
State Monopolies, Govt Companies & PSUs Can't Violate Competition Act : Supreme Court
[Case Title : Coal India Ltd v Competition Commission of India]
Citation. : 2023 LiveLaw (SC) 484
The Supreme Court has observed that State Monopolies, Government Companies and Public Sector Units cannot be allowed to indulge in anti-competitive practices in violation of the Competition Act 2002.
[Case Title: A. Srinivasulu v. State of Rep. by the Inspector of Police] Citation:
2023 LiveLaw (SC) 485
The Supreme Court has held that when the Special Court chooses to take cognizance directly under Section 5(2) of the Prevention of Corruption Act, the question of Approver being examined as a witness in the Court of the Magistrate as required by Section 306 (4)(a) of the Code of Criminal Procedure does not arise.
[Case Title: Mamta Devi & Ors. v The Reliance General Insurance Company Limited & Anr.]
Citation : 2023 LiveLaw (SC) 486
The Supreme Court has awarded an enhanced compensation under the Workmen Compensation Act, 1923 to the kin of a deceased employee, while holding that the objective of the Act, 1923 is dispensation of social justice.
[Case Title: Station Superintendent & Anr. v Surender Bhola]
Citation: 2023 LiveLaw (SC) 487
The Supreme Court has held that the theft of personal belongings of a Passenger is not “deficiency of service” by Railways. Accordingly, the Bench comprising Justice Vikram Nath and Justice Ahsanuddin Amanullah set aside orders passed by Consumer forum whereby Railways was directed to reimburse the stolen amount of cash to the Passenger.
Sec 197 CrPC - Sanction Required Even For Acts Done In Excess Of Official Duty : Supreme Court
[Case Title: A Srinivasulu v. The State represented by the Inspector of Police]
Citation: 2023 LiveLaw (SC) 485
The Supreme Court has reiterated that sanction for prosecution as per Section 197(1) of the Code of Criminal Procedure is required even in cases where the official was acting in excess of his official duties.
Findings Relating To Title In A Simple Suit For Partition Cannot Bind Third Parties : Supreme Court
[Case Title: M/s Trinity Infraventures Ltd. & Ors. vs M.S. Murthy & Ors.]
Citation : 2023 LiveLaw (SC) 488
The Supreme Court upheld the decision of the Telangana High Court, upholding the title of successors of Ryot Cultivators over the “Paigah lands” in Hydernagar, Telangana.
Supreme Court Acquits Father-Son Duo In A 27 Years Old Murder Case By According Benefit Of Doubt
[Case Title: Mohd. Muslim v State of Uttar Pradesh (Now Uttarakhand)]
Citation: 2023 LiveLaw (SC) 489
The Supreme Court has acquitted a father-son duo in a twenty-seven years old murder case, who were convicted by the Sessions Court and High Court and were sentenced to life imprisonment for committing murder. The acquittal has been granted based on benefit of doubt and the failure of prosecution to prove that the Appellants have committed the offence beyond any reasonable doubt.
[Case Title: Hasmukhlal Madhavlal Patel and Anr. vs Ambika Food Products Pvt Ltd. and Ors.]
Citation : 2023 LiveLaw (SC) 490
The Supreme Court has upheld the largely disproportionate allotment of rights share in favour of one group of shareholders of a private limited company, substantially increasing its shareholding percentage in the company over other groups of shareholders.
News Updates
Courts Can Delete Unnecessary Parties In PILs : Supreme Court
The Supreme Court dismissed a plea which challenged an interim order of the Uttarakhand High Court which deleted certain respondents from the array of parties while issuing notice in a case.
Supreme Court Refuses Urgent Listing For Plea Challenging Notifications Allowing Exchange Of ₹2000 Notes Without ID Proof
The Supreme Court vacation bench comprising Justice Sudhanshu Dhulia and Justice KV Viswanathan refused to entertain an urgent mentioning by Advocate Ashwini Upadhyay challenging Reserve Bank of India (RBI) and State Bank of India's (SBI) notifications that permit exchange of Rs. 2000 currency notes without requirement of any identity proof.
Law Commission Says No Need To Reconsider Law On Adverse Possession; Disagrees With Supreme Court
The Law Commission of India has recommended against enlarging the period of limitation provided under Articles 64, 65, 111, or 112 of the Limitation Act, 1963, which encapsulates the law on adverse possession. “There is no justification for introducing any change in the law relating to adverse possession,” the commission – headed by retired Karnataka High Court judge Ritu Raj Awasthi – has stated in its 280th report on ‘The Law on Adverse Possession’.
Law Commission Recommends Retention Of Sedition Law With Certain Amendments & Increased Punishment
In a significant development, the Law Commission of India has recommended against the total repeal of sedition law (Section 124A of the Indian Penal Code) and has instead proposed that the provision be retained with certain amendments.
The Supreme Court stayed the order of the Madras High Court, Madurai Bench restraining the Joint Parliamentary Committee on the Forest (Conversation) Amendment Bill 2023 from proceedings in terms of the press communique issued by it, which had invited suggestions and objections from the public at large and NGOs/experts/stakeholders and institution.
The Delhi Government has filed an appeal in the Supreme Court challenging the National Green Tribunal’s (NGT) decision to appoint Lt. Governor as head of the high-level committee for the purposes of handling solid waste management in Delhi.
Supreme Court Refuses Urgent Listing For West Bengal Govt’s Plea Against HC Order In Teachers’ Recruitment Scam Case
The Supreme Court of India refused to urgently list a special leave petition filed by the state of West Bengal against the Calcutta High Court’s decision to not give interim relief with respect to an earlier order giving liberty to the Central Bureau of Investigation (CBI) and the Directorate of Enforcement (ED) to interrogate the national general secretary of Trinamool Congress (TMC), Abhishek Banerjee, in connection with the primary teachers’ recruitment scam in the state.
Chief Justice of India DY Chandrachud, in a recent lecture delivered at the Cambridge Law University, highlighted the importance of Constitutional institutions, without which the constitutional rights and values cannot be safeguarded.
Former Supreme Court Judge Justice Kurian Joseph, speaking at the India Today Conclave South on 'Judicial Overreach versus Executive Interference: How to Strike a Balance', stated that he regretted his decision in the National Judicial Appointments Commission (NJAC) case.
Nearly two days after a horrific train accident in Odisha’s Balasore district, a public interest litigation (PIL) petition has been filed at the Supreme Court seeking a high-level probe by an expert panel headed by a retired Supreme Court, into the three train-collision which has reportedly claimed the lives of at least 288 people and injured thousands of passengers.
‘Ordinary Matters Being Listed During Vacation,’ SCAORA Alleges, Seeks Intervention of CJI DY Chandrachud
The Supreme Court Advocates-on-Record Association has alleged that ordinary matters are being listed for hearing during the ongoing summer vacation, in violation of a circular issued by the Supreme Court.
“Nobody Can Have Luxury In Jails”: Supreme Court
The Supreme Court remarked that it’s impossible for anyone to expect luxury in jails. “Nobody can have luxury in jails”, a Bench headed by Justice Bela Trivedi orally observed while hearing a plea filed by Harsh Dev Thakur seeking temporary bail in a case of financial fraud.
Amid mounting criticism over retired judges accepting post-retirement sinecures, a public interest litigation (PIL) petition has been filed seeking a ‘cooling off’ period of two years before any retired judge of the Supreme Court or high courts can accept a political appointment.
‘How Can You Mention Again?You Can’t Come To A Different Bench’: Supreme Court Questions Ashwini Upadhyay’s Repeated Mentioning Of Plea Related To Rs 2000 Note
A Supreme Court Vacation Bench comprising Justice Aniruddha Bose and Justice Rajesh Bindal sought a report from the Supreme Court registry of the last mentioning of Advocate Ashwini Upadhyay's petition challenging Reserve Bank of India (RBI) and State Bank of India's (SBI) notifications that permit exchange of Rs. 2000 currency notes without requirement of any identity proof.
The Supreme Court vacation bench comprising Justice Aniruddha Bose and Justice Rakesh Bindal listed a plea seeking to direct the Bar Council of India (BCI) to to declare the result of the 18th Bar Council of India Qualifying Examination for Indian nationals holding Foreign Law Degrees (INHFLD). The said examination was conducted from 19 December 2022 to 24 December 2022 at the BCI office.
The Supreme Court reserved its judgment in a plea which dealt with the question whether the Bar Council of India (BCI) has the power to regulate matters pertaining to education or not before enrolment as an advocate.
The Supreme Court listed for tomorrow (9th June, 2023), an appeal challenging the Delhi High Court order which had granted 15 days of interim bail to Yuvajana Sramika Rythu Congress Party (YSRCP) MP Magunta Srinivasulu’s son Magunta Raghava Reddy. The matter was mentioned for urgent listing by ASG SV Raju before a vacation bench comprising Justice Aniruddha Bose and Justice Rajesh Bindal.
Supreme Court To Hear Tomorrow Plea Of Alleged Gangster Sanjeev Jeeva's Wife To Attend His Funeral
The Supreme Court will hear tomorrow (9th June, 2023) the plea of Payal Maheshwari, wife of alleged gangster Sanjiv Maheshwari 'Jeeva', seeking permission to attend his funeral.
The Supreme Court rejected a third mentioning made by Advocate Ashwini Upadhyay seeking urgent listing for his petition challenging Reserve Bank of India (RBI) and State Bank of India's (SBI) notifications that permit exchange of Rs. 2000 currency notes without requirement of any identity proof.
The Supreme Court declined the urgent listing of the plea of Payal Maheshwari, wife of alleged gangster Sanjiv Maheshwari 'Jeeva', seeking a 'no coercive action' order so that she could attend her deceased husband's post-funeral rites.
The Supreme Court declined the urgent listing of a plea challenging the internet shutdown in the State of Manipur noting that the matter was already ongoing before the High Court of Manipur.
The Supreme Court modified the Delhi High Court order which had granted 15 days of interim bail to Yuvajana Sramika Rythu Congress Party (YSRCP) MP Magunta Srinivasulu’s son Magunta Raghava Reddy.
The Supreme Court listed on June 13 the Special Leave Petition filed against the Telangana High Court order which had granted anticipatory bail to the Kadapa MP YS Avinash Reddy in Vivekananda Reddy Murder case.
The Supreme Court sought the Centre’s response in a plea challenging Delhi High's order, which allowed bike-taxi aggregators Rapido and Uber to operate bike-taxis without aggregator licenses till a final policy regarding it is notified.
Results Of BCI’s Qualifying Exam For Indian Nationals Holding Foreign Degrees Published; Supreme Court Disposes Of Plea
The Supreme Court disposed of a plea which had asked to direct the Bar Council of India (BCI) to declare the result of the 18th Bar Council of India Qualifying Examination for Indian nationals holding Foreign Law Degrees (INHFLD). The examination was conducted from December 19 -24, 2022 at the BCI office.
The Supreme Court set aside an Orissa High Court order which had held that the Bar Council of India cannot impose a condition that a person must have graduated from a recognized law college to enroll as an advocate.
Supreme Court Stays Delhi HC Order Which Allowed Bike-Taxi Operations Of Rapido, Uber In Delhi
The Supreme Court stayed the order of the Delhi High Court allowing bike-taxi aggregators, Rapido and Uber, to operate bike-taxis without aggregator licenses in Delhi till the Delhi Government notified its policy for the same.
The Supreme Court directed the listing of the plea concerning lack of toilets for female lawyers at Nilgiris Court Complex before an appropriate Bench in the first week of July, 2023.
The Supreme Court indicated dissatisfaction with respect to the insurance coverage that the Motor Vehicle Aggregator Guidelines 2020 provide for drivers and pillion riders.
While making it extremely clear that senior counsels won’t be permitted to mention or argue cases, the Supreme Court refused to hear as many as four senior counsels.
The Supreme Court refused to entertain a petition seeking to prevent a 'mahapanchayat' proposed to be held by Hindutva groups in Uttarakhand's Purola town in Uttar Kashi district, which is in the middle of communal tensions.
The Manipur Tribal Forum has filed a fresh Interlocutory Application (IA) in the Supreme Court stating that the court shall not rely on the "empty assurances" of the Union of India (UOI) as both the UOI and the Chief Minister of the State of Manipur "have embarked jointly on a communal agenda for the ethnic cleansing of the Kukis."
Unitech Case : Supreme Court Issues Notice On ED’s Plea Challenging Bail Granted By Delhi High Court To Preeti Chandra
The Supreme Court issued notice in the plea filed by the Directorate of Enforcement assailing the order of the Delhi High Court whereby bail was granted to Preeti Chandra, the wife of Unitech promoter Sanjay Chandra, in a money laundering case.
The Supreme Court refused to entertain the plea challenging an order of the Allahabad High Court that rejected anticipatory bail to Badri Shrestha, a former advisor of Lucknow’s Gomti River Front project, who was accused of huge corruption and large-scale irregularities in implementing the project.
The Supreme Court vacation bench comprising Justice Surya Kant and Justice MM Sundresh had agreed to list an SLP challenging the Calcutta High Court's order directing the West Bengal State Election Commission to requisition central forces for all districts in West Bengal for the 2023 Panchayat Elections.
The Supreme Court had agreed to hear on June 21 a plea filed by Enforcement Directorate against a Madras High Court order which permitted transfer of arrested Tamil Nadu Electricity Minister Senthil Balaji to a private hospital.
'Let Pilgrims Go Without Psychological Pressure': Supreme Court Refuses To Hear Plea Against Stay On Suspension Of Haj Group Organisers’ Registration
The Supreme Court refused to entertain an appeal filed by the Union government against the Delhi High Court order which had stayed the suspension of registration of certain private Haj Group Organisers.
The Supreme Court vacation bench comprising Justice Surya Kant and Justice MM Sundresh declined to urgently list the Interlocutory Application (IA) filed by the Manipur Tribal Forum in the vacations. The bench turned down a plea to hear the matter the day after and listed it on July 3.
The Supreme Court affirmed the Calcutta High Court's order directing the West Bengal State Election Commission(WBSEC) to requisition central forces for all districts in West Bengal for the 2023 Panchayat Elections.
The district panchayat of Kannur filed an application in the Supreme Court seeking the euthanising of suspected rabid dogs/extremely dangerous dogs in a humane manner in light of the increased violent attacks by stray dogs in the district of Kannur.
The Supreme Court adjourned the hearing in the petitions filed by Enforcement Directorate against the Madras High Court entertaining a habeas corpus petition filed against the arrest of Tamil Nadu Minister Senthil Balaji and allowing him to be shifted to a private hospital for medical treatment.
The Supreme Court adjourned the hearing in the petitions filed by Enforcement Directorate against the Madras High Court entertaining a habeas corpus petition filed against the arrest of Tamil Nadu Minister Senthil Balaji and allowing him to be shifted to a private hospital for medical treatment.
Plea To Euthanise Dangerous Dogs In Kerala : Supreme Court To Hear On July 12
The Supreme Court has listed on July 12, 2023 the interlocutory application (IA) filed by the district panchayat of Kannur seeking permission to euthanise suspected rabid dogs/extremely dangerous dogs in light of the increased violent attacks by stray dogs in the district of Kannur.
The Supreme Court stayed the order of Orissa High Court to the extent it directed restoration of custody of a minor girl child to her father. The High Court had issued the writ habeas corpus under the parens patriae jurisdiction.
Atique Ahmed’s Sister Approaches Supreme Court Seeking Independent Inquiry into ‘State-sponsored Killing’ of Brothers
The sister of gangster-politician Atiq Ahmed and Ashraf Ahmed, who were gunned down while being in police custody in Uttar Pradesh, has moved the Supreme Court of India seeking a probe headed by a retired judge into the ‘state-sponsored killing’ of the duo, as well as the encounter of Atique’s son and her nephew by the police.
A new Constitution Bench has been formed in the Supreme Court to hear four cases starting July 12. The bench will be led by Chief Justice of India DY Chandrachud and will comprise Justices Hrishikesh Roy, PS Narasimha, Pankaj Mithal and Manoj Misra.
‘Basic Structure’ of Valmiki Ramayana Distorted, Language in Dialogues Only Used by ‘Gully Boys’: PIL Before SC Seeks Ban on ‘Adipurush’
A public interest litigation (PIL) petition has been filed before the Supreme Court of India seeking an exhibition ban on Om Raut’s ‘Adipurush’, a movie based on the Hindu epic Ramayana, for allegedly hurting the sentiments of Hindus and devotees of various deities depicted in the movie by “destroying their fundamental values and characters” and modifying the ‘basic structure’ of Valmiki Ramayana.
‘Stray Dogs Pose Public Safety Risk, Need To Be Culled Or Confined’: Kerala State Child Rights’ Commission Approaches Supreme Court
Citing increase in stray dog attacks in Kerala, especially against children, the Kerala State Commission for Protection of Child Rights (KeSCPCR) has approached the Supreme Court seeking directions to curb the menace. The statutory body has filed an intervention application before the Supreme Court in a pending civil appeal in which the Kannur district panchayat has also filed a plea for a direction to euthanize suspected rabid or extremely dangerous dogs in the district earlier this month.
New Roster Effective In Supreme Court From July 3; PILs Before First Three Benches
The Supreme Court has published a new roster of work which will be effective from July 3. The allocation of cases will be allocated to fifteen different benches as per this subject-wise roster.
The Supreme Court issued notice in a plea challenging the ruling of the Jharkhand High Court that a Resolution Professional (RP) will be considered a ‘public servant’ under Section 2(c)(v) and Section 2(c)(viii) of the Prevention of Corruption Act, 1988 (PC Act).
Supreme Court Collegium's Membership Changes; Justices Gavai & Surya Kant New Members
The 5-judge Supreme Court Collegium has undergone a change following the retirement of Justices KM Joseph and Ajay Rastogi during the summer vacation.
The Government of National Capital Territory of Delhi (GNCTD) has approached the Supreme Court challenging the ordinance brought by the Central Government recently to take away the powers of the GNCTD to control civil servants serving it.
