Supreme Court Monthly Round Up (June 2023)

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 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.Judicial Review Can't Be Exercised To Re-appreciate Evidence In Departmental Enquiry Proceedings : Supreme Court[Case Title: The Indian Oil Corporation & Ors. v Ajit Kumar Singh & Anr.]Citation: 2023 LiveLaw (SC) 478The 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.Supreme Court Stays Allahabad HC Direction To Examine If Woman Who Alleged Rape On Marriage Promise Was 'Mangalik'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.Will(Before Death Of Testator) Or General Power Of Attorney(GPA) Cannot Confer Title In Immovable Property : Supreme Court[Case Title: Ghanshyam v. Yogesh Rathi]Citation: 2023 LiveLaw (SC) 479The 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) 484The 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) 484The 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.Approver Need Not Be Examined As Witness By Magistrate When Cognizance Is Taken By Special Court Under PC Act : Supreme Court[Case Title: A. Srinivasulu v. State of Rep. by the Inspector of Police] Citation: 2023 LiveLaw (SC) 485The 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.'Uncontested Claim Of Wife Regarding Husband's Income Be Taken As Gospel Truth' : Supreme Court Increases Compensation For Deceased Workman[Case Title: Mamta Devi & Ors. v The Reliance General Insurance Company Limited & Anr.]Citation : 2023 LiveLaw (SC) 486The 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. Railways Not Liable For Theft Of Passenger's Belongings : Supreme Court Sets Aside Consumer Forum's Award[Case Title: Station Superintendent & Anr. v Surender Bhola]Citation: 2023 LiveLaw (SC) 487The 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) 485The 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 ...

Supreme Court Monthly Round Up (June 2023)

Sohini Chowdhury

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