Supreme Court Monthly Round-Up (March 2023)

Supreme Court Monthly Round-up brings to you all important developments on a wide range of legal issues from the Apex Court of the country. Whether you are a legal professional, a law student, an academic, or just someone interested in understanding the latest developments in Indian law, this digest provides with a concise and insightful overview of the Supreme Court's jurisprudence, and is an invaluable tool for you to stay up-to-date with the legal landscape of the country.Judgements/OrdersMere Fact Of Commission Of Suicide Itself Not Sufficient To Raise Presumption Under Section 113A Evidence Act : Supreme CourtCase Title: Kashibai vs State of Karnataka | SLP(Crl) 8584/2022 | 28 Feb 2023Citation: 2023 LiveLaw (SC) 149The Supreme Court held that the mere fact of commission of suicide by itself would not be sufficient for the court to raise the presumption under Section 113A of the Evidence Act, and to hold the accused guilty of Section 306 IPC(abetment to suicide).Section 28 Specific Relief Act - Time To Deposit Balance Sale Consideration Cannot Be Extended As A Matter Of Course : Supreme CourtCase Title: P. Shyamala Versus Gundlur Masthan | Civil Appeal Nos. 1363-1364 of 2023Citation : 2023 LiveLaw (SC) 151The Supreme Court rescinded a sale agreement after noting that the plaintiff, who secured a decree for specific performance of the contract, had failed to deposit the balance sale consideration within time.Mere Acquittal In Criminal Case Does Not Entitle An Employee To Reinstatement In Service : Supreme CourtCase Title: Imtiyaz Ahmad Malla vs State of Jammu & Kashmir | SLP(C) 678 of 2021 | 28 February 2023Citation: 2023 LiveLaw (SC) 150The Supreme Court observed that mere acquittal does not entitle an employee to the reinstatement in service.'Non-Recovery Of Corpse Relevant In Considering Chain Of Circumstances' : Supreme Court Reverses Conviction In Murder CaseCase Title: Indrajit Das v. State of Tripura| Criminal Appeal No. 609 of 2015| 28th February, 2023Citation: 2023 LiveLaw (SC) 152The Supreme Court reversed a conviction recorded by the Trial Court, affirmed by the Tripura High Court on the ground that major links of the chain of circumstances had not been proved by the prosecution evidence in a case based on circumstantial evidence.Power To Transfer Cases To CBI Should Be Used Sparingly: Supreme CourtCase Title: Royden Harold Buthello & Anr Vs State Of Chhattisgarh & Ors | Criminal Appeal No.634 Of 2023Citation : 2023 LiveLaw (SC) 154The Supreme Court reiterated that the Court’s power to transfer cases to the Central Bureau of Investigation or any other specialised agency is an extraordinary power and therefore, should be used sparingly.Adani-Hindenburg Issue : Supreme Court Directs SEBI To Conclude Investigation In 2 Months, Constitutes Expert Committee To Review Regulatory FrameworkCase Title: Vishal Tiwari vs Union of India W.P.(C) No. 162/2023, Manohar Lal Sharma vs Union of India W.P.(Crl.) No. 39/2023, Anamika Jaiswal vs Union of India W.P.(C) No. 201/2023, Dr.Jaya Thakur vs Union of India W.P.(Crl.) No. 57/2023Citation : 2023 LiveLaw (SC) 160The Supreme Court directed the Securities and Exchange Board of India (SEBI) to complete the investigation of the Adani-Hindenburg issue within a period of two months and file a status report before the Court.Supreme Court Directs Appointment Of Election Commissioners On Advise Of Committee Comprising Prime Minister, Leader Of Opposition And CJICase Title: Anoop Baranwal v. Union of India | WP(C) No. 104/2015A Constitution Bench of the Supreme Court has ordered that Election Commissioners will be appointed by the President of India on the advice of a Committee consisting of the Prime Minister, and leader of Opposition in the Lok Sabha (or leader of largest opposition party), and the Chief Justice of India.Supreme Court Paves Way For Lawyers With 10 Yrs Experience To Be Considered For Consumer Commission Appointments; Upholds Striking Down Of Centre's RulesCase Title: The Secretary, Ministry of Consumer Affairs versus Dr.Mahindra Bhaskar Limaye and others SLP(C) 19492/2021Citation : 2023 LiveLaw (SC) 161The Supreme Court held that persons having a Bachelors degree and having a professional experience of at least 10 years in consumer affairs, law, public affairs, administration etc. should be treated as qualified for appointment as President and members of State Consumer Commissions and District Consumer Forums.Desirable That FIRs In Corruption Cases Aren't Quashed At Investigation Stage : Supreme Court To High CourtsCase Title: The State Of Chattisgarh & Anr Vs Aman Kumar Singh & Ors. | Slp (Crl.) Nos.1703-1705 Of 2022)Citation : 2023 LiveLaw (SC) 158In a notable judgment, the Supreme Court has opined that it is desirable that the High Courts do not quash corruption case FIRs at investigation stage, even if it is suspected that the case has been registered by a new government against officers of the previous government.Can HC Exercise Jurisdiction Over ...

Supreme Court Monthly Round-Up (March 2023)

Padmakshi Sharma

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