Supreme Court Monthly Round Up - February 2023

From the ongoing Shiv Sena dispute to the Adani-Hindenburg matter and the contentious PILs concerning religious conversion – February 2023 has been a month filled with significant legal events in the Supreme Court of India. With the legal world buzzing with activity, Live Law understand that it can be challenging to keep a track of all legal developments, which is why we are here to help. Our experienced team of legal analysts and journalists brings you an in-depth coverage of all the key cases and rulings in February 2023, providing you with the information you need to stay informed and up-to-date. Judgements/OrdersSupreme Court Directs All Courts/Tribunals To Mandatorily Deposit Amounts Deposited By Parties With Registry In A Bank/Financial InstitutionCase Title : KL Suneja and others vs Dr(Mrs) Manjeet Kaur Monga (Died) through legal representativesCitation : 2023 LiveLaw (SC) 68The Supreme Court has issued an important direction that all courts and judicial forums should frame guidelines to ensure that amounts deposited with the office or registry of the Courts or Tribunals are mandatorily deposited in a bank or financial institution. This direction is issued to ensure that litigants do not face any future loss of interest on the amount deposited before Courts.Being Short Of Funds To Pay Court Fee Is Not A Sufficient Reason To Condone Delay To File Appeal: Supreme CourtCase Title: Ajay Dabra vs Pyare Ram | SLP (C) No.15793 OF 2019 | 31 Jan 2023Citation: 2023 LiveLaw (SC) 69The Supreme Court observed that being short of sufficient funds to pay court fee is not a reason to condone delay in filing appeal. In such a scenario, an appeal can be filed in terms of Section 149 CPC and thereafter the defects can be removed by paying deficit court fees.Land In Himachal Pradesh Cannot Be Transferred To A Non -Agriculturist Without State Govt Permission : Supreme CourtCase Title: Ajay Dabra vs Pyare Ram | SLP (C) No.15793 OF 2019 | 31 Jan 2023Citation: 2023 LiveLaw (SC) 69Land in Himachal Pradesh cannot be transferred to a nonagriculturist, and this is with a purpose, the Supreme Court observed in a judgment delivered. The bench of Justices P S Narasimha and Sudhanshu Dhulia noted that the purpose is to save the small agricultural holding of poor persons and also to check the rampant conversion of agricultural land for non-agricultural purposes.Article 226| Writ Petition Should Not Be Dismissed On Ground Of Alternative Remedies When Only Questions Of Law Are Raised : Supreme CourtCase Title: Godrej Sara Lee Ltd. vs Excise and Taxation Officer Cum Assessing Authority | CA 5393 OF 2010 | 1 Feb 2023Citation: 2023 LiveLaw (SC) 70The Supreme Court observed that it is not proper to dismiss a writ petition on the ground of alternative remedy without examining whether an exceptional case has been made out for such entertainment. "Where the controversy is a purely legal one and it does not involve disputed questions of fact but only questions of law, then it should be decided by the high court instead of dismissing the writ petition on the ground of an alternative remedy being available", the bench of Justices S. Ravindra Bhat and Dipankar Datta observed.Supreme Court Issues Directions To Avoid Delay In Release Of Prisoners After Getting Bail [Read 7 Directions]Case Title: In Re Policy Strategy for Grant of Bail SMW (Crl.) No. 4/2021Citation : 2023 LiveLaw (SC) 76The Supreme Court has issued guidelines on the issue of undertrial prisoners who continue to be in custody despite having been granted the benefit of bail on account of their inability to fulfill the conditions stipulated in the bail order or otherwise.If Bail Bonds Not Furnished Within One Month, Trial Courts May Consider Suo Motu Relaxing Conditions : Supreme CourtCase Title: In Re Policy Strategy for Grant of Bail SMW (Crl.) No. 4/2021Citation : 2023 LiveLaw (SC) 76The Supreme Court, while hearing the issue of undertrial prisoners who continue to be in custody despite having been granted the benefit of bail, has said that the country's prisons are overburdened by 5000 people every month merely because of their inability to furnish a bail bond.Criminal Proceedings Inter-Se Parties Can Be Quashed If They Have Genuinely Settled Matrimonial Disputes : Supreme CourtCase Title: Rangappa Javoor vs State Of Karnataka | SLP(Crl) Diary 33313/2019 | 30 Jan 2023Citation: 2023 LiveLaw (SC) 74The Supreme Court observed that criminal proceedings inter-se parties in cases of offences relating to matrimonial disputes can be quashed if the Court is satisfied that the parties have genuinely settled the disputes amicably.Section 138 NI Act | Conviction Cannot Be Confirmed Overriding Agreement Between Parties To Compound The Offence : Supreme CourtCase Title: BV Seshaiah vs State of Telangana & B Vamsi Krishna vs State of TelanganaCitation : 2023 LiveLaw (SC) 75The Supreme Court set aside an order of the Telangana High Court which confirmed the conviction in a cheque dishonour case...

Supreme Court Monthly Round Up - February 2023

Padmakshi Sharma

Tags