Supreme Court Monthly Round-Up (March 2023)
Padmakshi Sharma
8 April 2023 4:20 AM GMT
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...
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/Orders
Mere Fact Of Commission Of Suicide Itself Not Sufficient To Raise Presumption Under Section 113A Evidence Act : Supreme Court
Case Title: Kashibai vs State of Karnataka | SLP(Crl) 8584/2022 | 28 Feb 2023
Citation: 2023 LiveLaw (SC) 149
The 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 Court
Case Title: P. Shyamala Versus Gundlur Masthan | Civil Appeal Nos. 1363-1364 of 2023
Citation : 2023 LiveLaw (SC) 151
The Supreme Court rescinded a sale agreement after noting that the plaintiff, who secured a decree for specific performance of the contract, had failed to deposit the balance sale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 Court
Case Title: Imtiyaz Ahmad Malla vs State of Jammu & Kashmir | SLP(C) 678 of 2021 | 28 February 2023
Citation: 2023 LiveLaw (SC) 150
The 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 Case
Case Title: Indrajit Das v. State of Tripura| Criminal Appeal No. 609 of 2015| 28th February, 2023
Citation: 2023 LiveLaw (SC) 152
The 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 Court
Case Title: Royden Harold Buthello & Anr Vs State Of Chhattisgarh & Ors | Criminal Appeal No.634 Of 2023
Citation : 2023 LiveLaw (SC) 154
The 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 Framework
Case 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. 57/2023
Citation : 2023 LiveLaw (SC) 160
The 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 CJI
Case Title: Anoop Baranwal v. Union of India | WP(C) No. 104/2015
A 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 Rules
Case Title: The Secretary, Ministry of Consumer Affairs versus Dr.Mahindra Bhaskar Limaye and others SLP(C) 19492/2021
Citation : 2023 LiveLaw (SC) 161
The 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 Courts
Case Title: The State Of Chattisgarh & Anr Vs Aman Kumar Singh & Ors. | Slp (Crl.) Nos.1703-1705 Of 2022)
Citation : 2023 LiveLaw (SC) 158
In 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 A Tribunal Situated Outside Its Territorial Limits? Supreme Court Refers To Larger Bench
Case Title: Union of India v. Sanjiv Chaturvedi And Ors. SLP(C) No 530 of 2022
Citation : 2023 LiveLaw (SC) 162
In a case relating to whistleblower Indian Forest Service officer Sanjiv Chaturvedi, the Supreme Court referred to a larger bench the issue regarding the jurisdiction of a High Court to entertain a challenge against an order passed by a Tribunal which is situated outside its territorial limit.
Sec 256 CrPC - Not Proper To Acquit Accused Merely For Non-Appearance Of Complainant Who Was Already Examined : Supreme Court
Case Title: BLS Infrastructure Limited vs Rajwant Singh
Citation: 2023 LiveLaw (SC) 153
Where the complainant had already been examined as a witness in the case, it would not be appropriate for the Court to pass an order of acquittal merely on non-appearance of the complainant, the Supreme Court observed in a judgment.
Mere Breach Of Contract Can't Be Basis For Criminal Case For Cheating : Supreme Court
Case Title: Sarabjit Kaur vs State of Punjab
Citation: 2023 LiveLaw (SC) 156
The Supreme Court observed that a mere allegation of failure to keep up promise will not be enough to initiate criminal proceedings.
Person Convicted For Rape-Murder Found To Be Juvenile : Supreme Court Sets Aside Death Sentence, Sustains Conviction
Case Title: Karan @ Fatiya vs State of Madhya Pradesh | CrA 572-573 OF 2019 | 3 March 2023
Citation: 2023 LiveLaw (SC) 159
The Supreme Court set aside the death sentence imposed on a convict for the rape and murder of a minor girl after he was found to be a juvenile at the time of the offence.
'Schools Can't Be Without Playgrounds; Students Entitled To Good Environment' : Supreme Court Orders Removal Of Encroachments
Case Title : State of Haryana vs Satpal and others
Citation : 2023 LiveLaw (SC) 163
There cannot be any school without a playground, observed the Supreme Court, while directing the removal of unauthorised occupations at a place reserved for playground for a school in Haryana.
Courts Should Not Summon Appearance Of Officials At The “Drop Of The Hat”: Supreme Court
Case Title: State of UP vs Prahalad Singh | SLP(C) No. 21197/2022
Citation : 2023 LiveLaw (SC) 176
The Supreme Court highlighted that Courts should practise restraint while summoning government officials while hearing contempt cases.
Supreme Court Forms Committee To Oversee Transfer/Import Of Wild Animals In India
Case Title: Muruly MS v State of Karnataka | SLP (C) No. 12246 of 2022
Citation : 2023 LiveLaw (SC) 164
The Supreme Court has extended the jurisdiction of a High Powered Committee constituted by the High Court of Tripura for the transfer or import of wild animals in India at Pan India level. The order was passed by a bench comprising Justice Krishna Murari and Justice A Amanullah.
Sex With Minor Wife : Supreme Court Acquits Husband Of Rape Relying On Exception 2 To Sec 375 IPC
Case Title : Siddaruda @ Karna vs State of Karnataka
Citation : 2023 LiveLaw (SC) 170
The Supreme Court recently acquitted a man who was convicted for the offence of rape for sexual intercourse with his minor wife by relying on Exception 2 to Section 375 of the Indian Penal Code, which exempts marital rape from punishment if the wife was aged above 15 years.
Compulsory Retirement Order Can Be Set Aside If It's Found To Be Punitive & Was Passed To Circumvent Disciplinary Proceedings : Supreme Court
Case Title: Captain Pramod Kumar Bajaj v. Union of India And Anr.
Citation: 2023 LiveLaw (SC) 165
The Supreme Court set aside an order passed by the Central Board of Direct Taxes, Department of Revenue, Ministry of Finance, Government of India, communicating the order of the President, to compulsorily retire a Gazetted Officer who was being considered for appointment as a Member (Accountant) of the Income Tax Appellate Tribunal.
Supreme Court Upholds 'Change In Law' Compensation For Adani Power; Flays State DISCOMs For Taking A Stand Contrary To Union Govt
Case Title: Maharashtra State Electricity Distribution Company Limited v. Adani Power Maharashtra Limited And Ors. | Civil Appeal No. 684 of 2021
Citation: 2023 LiveLaw (SC) 166
The Supreme Court has criticised the DISCOMS (Distribution Companies) for taking a stand contrary to that of the Union of India regarding grant of "Change in Law" compensation to power production companies.
Mere Intimidation To Silence Kidnapped Child Victim Not Sufficient to Prove Threat To Life & Limb: Supreme Court
Case Title: Ravi Dhingra v. State Haryana | Criminal Appeal No. 987 of 2009 and connected matters
Citation : 2023 LiveLaw (SC) 167
Merely intimidating a kidnapped child to stop him from shouting for help did not prove the ingredient of threat resulting in a reasonable apprehension that such person may be hurt or killed as required for sustaining a conviction under Section 364A (kidnapping for ransom, etc.) of the Indian Penal Code, said the Supreme Court.
Section 313 CrPC - Written Statement Of Accused Has To Be Considered In The Light Of Prosecution Evidence : Supreme Court
Case Title: Premchand v. State of Maharashtra | Criminal Appeal No. 211 of 2023| 3rd March, 2023
Citation: 2023 LiveLaw (SC) 168
The Supreme observed that once a written statement is filed by the accused under Section 313(5) of the Code of Criminal Procedure, 1973 and the Trial Court marks it as exhibit, such statement must be treated as part of the statement of the accused under Section 313(1) read with Section 313(4) Cr.P.C.
Post Graduate Degree From Open University Without Undergoing Basic Degree Course Is Not Valid: Supreme Court
Case Title: P Raman Vs Government of Tamil Nadu and Ors | Special Leave Petition (Civil) Diary No(S).3959/2021
Citation : 2023 LiveLaw (SC) 169
The Supreme Court reiterated that a candidate who obtained post graduate degree from an open university without undergoing the basic degree course is not valid.
Extra-Judicial Confession Is A Weak Piece Of Evidence, Independent Corroboration Needed: Supreme Court
Case Title: Nikhil Chandra Mondal Vs State Of West Bengal | Criminal Appeal No. 2269 Of 2010
Citation : 2023 LiveLaw (SC) 171
Reiterating that it is a weak piece of evidence, the Supreme Court of India observed that the credibility of an extra-judicial confession decreases when the surrounding circumstances are doubtful.
Section 319 CrPC Power Is To Be Exercised Only If Strong & Cogent Evidence Occurs Against A Person : Supreme Court
Case Title: Vikas Rathi v. State of U.P. And Anr. |Criminal Appeal No. 644 of 2023| 1st March, 2023
Citation: 2023 LiveLaw (SC) 172
The Supreme Court reiterated that though exercise of jurisdiction under Section 319 of the Code of Criminal Procedure is discretionary, it ought to be done only where strong and cogent evidence occurs against a person from the evidence before the Court.
Reliance Home Finance Insolvency : Supreme Court Allows Debenture Holders To Be Covered Under Resolution Plan Of Authum Investments
Case Title: Authum Investment And Infrastructure Limited Vs R.K. Mohatta Family Trust And Others | Arising out of SLP(C) No. 411 of 2023
Citation : 2023 LiveLaw (SC) 173
In relation to the insolvency of Reliance Home Finance Ltd (RHFL), the Supreme Court allowed the resolution plan proposed by Authum Investments and Infrastructure Ltd(AIIL), a non-banking finance company, to cover the debenture holders of RHFL. However, the plan will not cover dissenting debenture holders.
Collector Is Competent Authority To Cancel Lease Deed Under Rule 51(7) OMMC Rules: Supreme Court
Case Title: Debidutta Mohanty v. Ranjan Kumar Pattanaik And Ors. | Civil Appeal No. 4939 of 2022
Citation: 2023 LiveLaw (SC) 174
The Supreme Court has held that the Collector is a competent authority under Rule 51(7) of the Orissa Minor Mineral Concession Rules, 2016 to cancel a lease deed for non production of solvency certificate. The Court reversed an order of the Orissa High Court which held that Tahsildar is the competent authority to cancel a lease deed under Rule 51(7).
Petition Under Article 32 To Challenge A Binding Judgment Not Maintainable : Supreme Court
Case Title : Vijayalakshmi Jha vs Union of India
Citation : 2023 LiveLaw (SC) 179
The Supreme Court has held that a petition filed under Article 32 to challenge a binding judgment passed by the Court is not maintainable.
Supreme Court Grants Relief To ITAT Member Whose Appointment Was Delayed For Not Filing Income Tax Returns
Case Title: Madras Bar Association v. Union of India | M.A. No.111/2021 In W.P.(C) No.804/2020
Citation : 2023 LiveLaw (SC) 178
The Supreme Court allowed a member of the Income Tax Appellate Tribunal to continue in the post till the age of 62 years as per the provisions of the Income Tax Act 1961.
Supreme Court Grants Pensionary Relief To Govt Servant Caught Up In Dispute Over Resignation
Case Title: Bhartiben Chandrakantbhai Thakor Vs State of Gujarat and Others | Civil Appeal No 24 of 2013
Citation : 2023 LiveLaw (SC) 181
The Supreme Court recently granted pensionary benefits to an auxiliary nurse working in service of Gujarat Government, who was embroiled in a long drawn litigation over a decision taken by her in 1993 to withdraw her resignation.
Possession Of License To Do Business In Shop Does Not Entitle Party To Allotment Of Auction Platform As Matter Of Right: Supreme Court
Case Title: Gurjit Singh (D) Vs Union Territory, Chandigarh & Ors. | Civil Appeal Nos. 4826¬4828 Of 2022
Citation : 2023 LiveLaw (SC) 180
Possession of license to do business in a particular shop does not entitle a party to the allotment of auction platform as a matter of right , particularly, in front of and/or adjacent to their shop, the Supreme Court held.
District Judges Appointment - Only 10% Posts Can Be Filled Through Limited Competitive Examination : Supreme Court
Case Title: Rajendra Kumar Shrivas v. State of Madhya Pradesh And Ors.| 2023 LiveLaw (SC)181 |Civil Appeal No. 1514 of 2023
Citation : 2023 LiveLaw (SC) 181
The Supreme Court directed the Madhya Pradesh High Court to comply with the directions of the Apex Court in All India Judges’ Association And Ors. v. UoI And Ors. (2010) 15 SCC 170, particularly, the one asking the High Courts to reserve only 10% seats in the higher judiciary to be filled up by limited departmental competitive examination.
Bhopal Gas Tragedy : Supreme Court Dismisses Centre's Curative Petition Seeking Additional Compensation From UCC
Case Title: UoI And Ors. v. M/s. Union Carbide Corporation And Ors. Curative Petition (C) No. 345-347/2010]
Citation : 2023 LiveLaw (SC) 200
A Constitution Bench of the Supreme Court dismissed the curative petition filed by Central Government seeking to reopen the settlement with the Union Carbide Corporation (now Dow Chemicals) to claim additional compensation for victims of the Bhopal Gas Tragedy of 1984.
MP Nagar Tatha Gram Nivesh Adhiniyam - Scheme Will Not Lapse Merely Because It Was Not Completed Within 3 Years Despite Substantial Steps : Supreme Court
Case Title: Indore Development Authority Versus Burhani Grih Nirman Sahakari Sanstha Maryadit Sneh Nagar And Others | Civil Appeal No. 5071 Of 2022
Citation : 2023 LiveLaw (SC) 183
The Supreme Court of India set aside the judgments of the Madhya Pradesh High Court which held the acquisition proceedings initiated by the Indore Development Authority and the State of Madhya Pradesh for a residential scheme as lapsed.
Amend Consumer Protection Rules On Appointment Process Of Commission Members Within 3 Months : Supreme Court To Centre, States
Case Title: In Re: Inaction of the Governments in appointing President and Members/Staff of Districts and State Consumer Disputes Redressal Commission and inadequate infrastructure across India v. UoI And Ors. SMW(C) No. 2/2021]
Citation : 2023 LiveLaw (SC) 201
The Supreme Court observed that the direction in Secretary, Ministry of Consumer Affairs v. Dr.Mahindra Bhaskar Limaye And Ors. that, the Central and State Governments are required to make certain amendments to the Consumer Protection Rules, 2020 pertaining to the appointment process at the Consumer Dispute fora is to be carried out on an urgent basis, preferably within 3 months’ time.
Article 226(2) - Supreme Court Explains Tests To Determine If Cause Of Action Has Arisen Within Jurisdiction Of High Court
Case Title : State of Goa vs Summit Online Trade Solutions (P) Ltd and others
Citation : 2023 LiveLaw (SC) 184
In a notable judgment explaining the concept of 'cause of action' under Article 226(2) of the Constitution of India, the Supreme Court held that only those facts, which are relevant to the grant of the relief, will give rise to 'cause of action'.
Murder Trial- Prosecution's Omission to Explain Injuries On Accused Assumes Importance When Evidence Consists Of Interested Witnesses : Supreme Court
Case Title: Nand Lal And Ors. v. State of Chhattisgarh | Criminal Appeal No. 1421 of 2015
Citation: (2023) LiveLaw SC 186
The Supreme Court reiterated that omission on the part of the prosecution to explain injuries on the person of the accused assumes greater importance where the evidence consists of interested witnesses or where the defence gives a version which competes in probability with that of the prosecution.
KVAT Act | Dealer Claiming Input Tax Credit Must Prove Transaction Beyond Reasonable Doubt : Supreme Court
Case Title: State of Karnataka v. M/s. Ecom Gill Coffee Trading Private Limited| Civil Appeal No. 230 of 2023
Citation: 2023 LiveLaw (SC) 187
The Supreme Court has held that under Section 70 of the Karnataka Value Added Tax Act, 2003, a dealer claiming Input Tax Credit on purchase ought to prove and establish actual physical movement of goods and genuineness of transaction.
Cause Of Action For Redemption Suit Is Successive, Second Suit By Mortgagor Not Barred By Default Dismissal Of First Suit : Supreme Court
Case Title : Ganesh Prasad vs Rajeshwar Prasad and others
Citation : 2023 LiveLaw (SC) 189
The Supreme Court has held that a second suit by a mortagor for redemption of mortgage is not barred merely because the first suit was dismissed for default, unless the right to redemption of mortgage has been extinguished.
Will Can't Be Presumed To Be Genuine Merely Because It Is Aged More Than 30 Years Old : Supreme Court
Case Title: Ashutosh Samanta Versus Ranjan Bala Dasi & Ors | Civil Appeal No.7775 Of 2021
Citation : 2023 LiveLaw (SC) 190
The Supreme Court has held that the presumption under Section 90 of the Indian Evidence Act regarding the genuineness of documents aged more that thirty years old is not applicable to a will.
Delhi Land Reforms Act Not Applicable Once An Area Is Urbanised Under Delhi Municipal Corporation Act : Supreme Court
Case Title: Mohinder Singh(Dead) Versus Narain Singh And Others | Civil Appeal No(S). 3828 Of 2017
Citation : 2023 LiveLaw (SC) 191
The Supreme Court recently affirmed a Delhi High Court judgement which stated that once a rural area is urbanized by issuance of notification under Section 507(a) of the Delhi Municipal Corporation Act, 1957, it ceases to be governed by the provisions of Delhi Land Reforms Act, 1954.
Appeal Maintainable Before NGT Against Corrigendum Imposing Additional Conditions To Environmental Clearance : Supreme Court
Case Title: M/s. IL&FS Tamil Nadu Power Company Limited v. T. Muruganandam And Ors. |Civil Appeal No. 1811-1812 of 2015
Citation: 2023 LiveLaw (SC) 192
The Supreme Court recently permitted M/s. IL&FS Tamil Nadu Power Company Limited to continue with its two power plants in the State subject to full compliance of the conditions mentioned in the Environmental Clearance as well as the corrigendum to it.
IBC- Resolution Professional Entitled To Take Control Of Corporate Debtor's Rights In Assets Licensed To Third Parties : Supreme Court
Case Title: Victory Iron Works Ltd. v Jitendra Lohia & Anr.
Citation : 2023 LiveLaw (SC) 193
The Supreme Court has held that a resolution professional is entitled to take control of the rights of a corporate debtor in assets which are licensed to third parties. Such an action of the RP will come within the ambit of Section 25 of the Insolvency and Bankruptcy Code 2016.
Doctor Can't Be Punished Under Drugs & Cosmetics Act For Storing Small Quantities Of Medicines : Supreme Court
Case Title: S. Athilakshmi vs. The State Rep. By The Drugs Inspector [SLP (Criminal) No. 9978 of 2022]
Citation: 2023 LiveLaw (SC) 194
The Supreme Court has held that a doctor's act of storing small quantities of medicines will not amount to an offence of unauthorized stocking of medicines under Section 18(c) of the Drugs and Cosmetics Act 1940.
Case Title: Ajay Kumar Radheyshyam Goenka v Tourism Finance Corporation of India Ltd.
Citation: 2023 LiveLaw (SC) 195
The approval of resolution plan of a corporate debtor under the Insolvency and Bankruptcy Code 2016 will not extinguish the criminal liability of its erstwhile director under Section 138 of the Negotiable Instruments Act 1881, held the Supreme Court.
In Service Jurisprudence, Service Rules Will Prevail Over Conflicting Government Resolutions : Supreme Court
Case Title: Ashok Ram Parhad & Ors Versus The State Of Maharashtra & Ors. | Civil Appeal No.822 Of 2023
Citation : 2023 LiveLaw (SC) 196
In Service Jurisprudence, Services Rules, which have a statutory effect will prevail and government resolutions can’t be conflict with the rules, the Supreme Court reiterated.
Evidentiary Value Of Extra-Judicial Confession Also Depends On Person To Whom It Is Made: Supreme Court
Case Title: Pawan Kumar Chourasia Versus State of Bihar | Criminal Appeal No.2230 Of 2010
Citation : 2023 LiveLaw (SC) 197
Highlighting the evidentiary value and the circumstances under which extra-judicial confessions can be accepted, the Supreme Court recently acquitted a man who was convicted of double murders under Section 302 of the Indian Penal Code.
In Labour Cases, Workers Should Furnish Their Own Permanent Address Instead Of Union's; Service Of Notice Should Be On Worker : Supreme Court
Case Title : M/s Creative Garments Ltd vs Kashiram Verma
Citation : 2023 LiveLaw (SC) 198
The Supreme Court recently took note of practical difficulties which arise in labour disputes, as most cases of workers are filed through the labour unions without mentioning their own permanent addresses. Hence, in many cases, notices are served on the Union, and if the Union is not interested in pursuing the matter, the affected worker goes unrepresented.
Ensure Basic Essentials Such As FIR Number, Police Station Are Recorded In Bail Orders : Supreme Court To All High Courts
Case Title : Ravish Kumar vs The State of Bihar
Citation : 2023 LiveLaw (SC) 206
Noting that there is no uniform format of bail orders across the High Courts, the Supreme Court has directed the High Courts to ensure that basic essentials are recorded in them.
Non-Service Of Assessment Orders Inconsequential If Assesee Had Knowledge About Them Otherwise : Supreme Court
Case Title: Commercial Tax Officer Versus Neeraja Pipes Pvt. Ltd.
Citation: 2023 LiveLaw (SC) 199
Attachment orders issued by the revenue for tax arrears will not be vitiated merely because the assessment orders were not served on the assesse, if the assessee had otherwise got knowledge about the assessment orders, held the Supreme Court.
Should A Judgment Be Reviewed Because It Followed A Precedent Which Was Later Overruled? Supreme Court Bench Delivers Split Verdict
Case Title: Govt. of NCT of Delhi Through the Secretary, Land and Building Department And Anr. v. M/s. K.L. Rathi Steels Limited And Ors.| Diary No. 32257 of 2021
Citation : 2023 LiveLaw (SC) 204
A Division Bench of the Supreme Court took a divergent view on the scope of review, when the judgment relied on in the impugned order and all subsequent judgment that followed it is eventually overruled by a superior court.
'Bail Can Be Cancelled If Serious Offences Are Subsequently Added To FIR' : Supreme Court Sets Aside Bail In 'Casting Couch' Case
Case Title : Ms.X vs State of Maharashtra
Citation : 2023 LiveLaw (SC) 205
The Supreme Court has reiterated that subsequent addition of more serious offences to the FIR can be a circumstance for a Court to cancel the bail granted by it.
Community Certificate Verification Must Be Completed Expeditiously; Shouldn't Be Cancelled Ex-Parte Except In Most Exceptional Circumstances: Supreme Court
Case title - R. Sundaram vs. The Tamilnadu State Level Scrutiny Committee and Ors.
Case Citation: 2023 LiveLaw (SC) 207
The Supreme Court has observed that the proceedings questioning the caste certificate of an employee, except in the most exceptional circumstances, can’t be conducted ex-parte.
Rehabilitation Scheme Under SICA Binds All Creditors; Dues Can't Be Recovered Post Revival Of Sick Company : Supreme Court
Case Title: Modi Rubber Limited v Continental Carbon India Ltd
Citation: 2023 LiveLaw (SC) 208
The Supreme Court has held that the rehabilitation scheme under Section 18 of the SICA, 1985 shall bind all the creditors including the unsecured creditors.
Poor Line Mazdoor Dismissed From Service For Prolonged Absence, Supreme Court Invokes Article 142 To Impose A Lesser Penalty
Case Title: The Eastern Coalfields Limited And Others v Ajit Mondal & Others.
Citation: 2023 LiveLaw (SC) 209
The Supreme Court has invoked Article 142 of the Constitution to protect the interest of a poor line mazdoor, who was dismissed from service due to prolonged absence.
Arbitrator Can Award Pendente Lite Interest If There Is No Bar Under Contract : Supreme Court
Case Title: Indian Railway Construction Company Limited v M/s National Buildings Construction Corporation Limited
Citation: 2023 LiveLaw (SC) 210
The Supreme Court reiterated that unless there is a specific bar under the contract, it is always open for the Arbitrator to award pendente lite interest in view of Section 31(7)(a) of the Arbitration and Conciliation Act 1996.
PC Act | Constitution Bench Judgment Allowing Circumstantial Evidence Does Not Dilute Requirement Of Proof Beyond Reasonable Doubt : Supreme Court
Case title - Neeraj Dutta v. State (GNCTD) [Criminal Appeal No(s). 1669/2009]
Citation : 2023 LiveLaw (SC) 211
The Supreme Court recently observed that the Constitution Bench ruling that direct evidence of demand or acceptance of bribe is not necessary for a conviction under the Prevention of Corruption Act 1988 does not dilute the requirement of proof beyond reasonable doubt.
Murder Trial - Last Seen Theory : Time At Which Deceased Was Lastly Seen With Accused Should Be Proved Conclusively : Supreme Court
Case Title: Shankar Versus The State of Maharashtra | Criminal Appeal No. 954 of 2011
Citation : 2023 LiveLaw (SC) 212
While relying on ‘last seen theory’ in a case based on circumstantial evidence, the evidence on the time at which the deceased was lastly seen with the accused has to be proved conclusively, the Supreme Court reiterated recently.
'Union Govt Has Power To Abolish State Administrative Tribunal' : Supreme Court Affirms Abolition Of Odisha Administrative Tribunal
Case Title: Orissa Administrative Tribunal Bar Association v. Union of India & others | Civil Appeal No 6805 of 2022
Citation : 2023 LiveLaw (SC) 216
The Supreme Court upheld the notification issued by the Central Government in 2019 to abolish the Odisha Administrative Tribunal.
Home Guards Entitled To Duty Allowance As Per Minimum Pay Of Police Personnel : Supreme Court To Odisha Govt
Case Title: Prakash Kumar Jena And Ors. v. State of Odisha And Ors. |Civil Appeal No. 8836/2022| 17th March, 2023
Citation: 2023 LiveLaw (SC) 213
The Supreme Court has held that Home Guards working in the State of Odisha are entitled to Duty Allowance as per the minimum amount of pay to which the police personnel in the State is entitled to.
Employees Of A State Board Can't Be Treated As State Govt Employees : Supreme Court
Case Title : State of Orissa v Orissa Khadi and Village Industries Board Karmachari Sangh.
Citation : 2023 LiveLaw (SC) 214
The Supreme Court has held that the employees of a body corporate established by a State Government cannot be treated at par with the employees of the State Government.
Time Limit Under Rule 4(2) Of Declaration Of Wild Life Stock Rules Cannot Be Relaxed : Supreme Court
Case Title : Vishalakshi Amma vs State of Kerala
Citation : 2023 LiveLaw (SC) 215
The Supreme Court has held that the time for making a declaration of the possession of any wild animal or animal article as per the Wild Life Stock Rules 2003 cannot be relaxed.
Supreme Court Questions Practice Of Some Trial Courts To Remand Accused The Moment They Appear In Response To Summons
Case Title- Mahdoom Bava v. Central Bureau of Investigation
Citation : 2023 LiveLaw (SC) 218
The Supreme Court has noted that in some parts of the country, trial courts follow the practise of remanding the accused when they appear in response of a summoning order. Therefore, accused persons apprehend arrest even in cases when the investigating agencies are not seeking their custody.
Rarest Of Rare Doctrine Requires Death Sentence Be Imposed Only If There Is No Possibility Of Reformation : Supreme Court
Case Title: Sundar @ Sundarrajan v. State by Inspector of Police| Review Petition (Crl) Nos. 159-160 of 2013 in Criminal Appeal Nos. 300-301 of 2011
Citation: 2023 LiveLaw (SC) 217
The Supreme Court commuted the death sentence awarded for kidnapping and murder of a 7 year old child to life imprisonment for not less than twenty years without remission of sentence.
'Courts Should Not Further The Notion That Only Male Child Will Assist Parents In Old Age; Avoid Patriarchal Remarks' : Supreme Court
Case Title : Sundar @ Sundarrajan v. State by Inspector of Police
Citation: 2023 LiveLaw (SC) 217
The Supreme Court has advised Courts to refrain from making patriarchal remarks in judgments. A bench comprising Chief Justice of India DY Chandrachud, Justice Hima Kohli and Justice PS Narasimha was deciding a petition seeking to review the death penalty awarded to a convict for the kidnap and murder of a 7-year old boy.
Writ Petition For Recovery Of Money Can't Be Entertained, Particularly When Civil Remedy Has Been Invoked : Supreme Court
Case Title: Director of Agriculture & Ors. v M.V. Ramachandran
Citation: 2023 LiveLaw (SC) 220
The Supreme Court held that that writ petitions filed for seeking recovery of money due under the bills/invoices cannot be entertained under Article 226 of the Constitution of India, particularly when the writ petitioner has filed civil suit which came to be dismissed in default.
Diversion Of Gas To Other Generating Stations Not Sufficient Ground To Seek Compensation When PPA Has No Such Provision: Supreme Court
Case Title: Penna Electricity Limited (Now M/s Pioneer Power Limited) v. The Tamil Nadu Electricity Board & Ors. | Civil Appeal No(S). 706 Of 2014
Citation : 2023 LiveLaw (SC) 221
While affirming the view of the Appellate Tribunal for Electricity, the Supreme Court held that the Electricity Board would not have to indemnify if there was no provision regarding compensation of full fixed charges and actual variable charges in respect of short supply of energy in the Power Purchase Agreement.
Fees Paid By Director Does Not Attract Exemption Under Clause 4 Of Schedule III Of SEBI Stock Broker Regulations: Supreme Court
Case Title: GPSK Capital Private Limited (Formerly Known as Mantri Finance Limited) v The Securities and Exchange Board Of India.
Citation: 2023 LiveLaw (SC) 222
The Supreme Court has upheld SEBI’s decision to not to grant exemption to a corporate entity from payment of fees under Clause 4 of Schedule III of SEBI (Stock-Brokers and Sub-Brokers) Regulations 1992, since it was the Director and not the Whole Time Director who transferred stock exchange registration to the corporate entity and paid the registration fees.
High Courts Can Entertain Challenges To Orders Passed By Armed Forces Tribunal : Supreme Court Overrules Its Judgment
Case Title: Union of India And Ors. v. Parashotam Dass |Civil Appeal No. 447 of 2023| 21st March, 2013
Citation: 2023 LiveLaw (SC) 224
The Supreme Court overruled its decision in Union of India And Ors. v. Major General Shri Kant Sharma And Anr. which barred the exercise of jurisdiction under Article 226 of the Constitution of India in cases assailing orders passed by the Armed Forces Tribunal.
Murder Trial - Credible Testimony Of A Single Eyewitness Sufficient To Prove Case Beyond Reasonable Doubt : Supreme Court
Case Title: Ravasaheb @ Ravasahebgouda Etc. v. State of Karnataka |Criminal Appeal Nos. 1109-1110 of 2010| 16th March, 2013
Citation: 2023 LiveLaw (SC) 225
The Supreme Court observed that testimony of a sole eyewitness can be worthy of credence for the prosecution to establish its case beyond reasonable doubt, even in cases involving several accused.
Case Title : State Bank of India vs Rajesh Agarwal and connected cases
Citation : 2023 LiveLaw (SC) 243
Smuggling & Foreign Exchange Manipulations - Necessary To Deprive Persons Engaged In Such Acts Of Their Ill Gotten Gains: Supreme Court
The Supreme Court noted the object behind enacting the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 is to provide for forfeiture of illegally acquired properties of smugglers and foreign exchange manipulators, and at the same time to ensure effective prevention of smuggling activities and foreign exchange manipulation.
'SCBA Cannot Assert Right Over Entire Land Allotted To SC' : Supreme Court Refuses To Consider Association's Plea On Judicial Side
Case Title: SCBA v. Ministry of Urban Development And Ors. WP(C)No. 640/2022
Citation : 2023 LiveLaw (SC) 236
The Supreme Court held that it cannot consider on the judicial side the plea of the Supreme Court Bar Association to convert the entirety of 1.33 acres of the land allotted to the Top Court by the Central Government as space for lawyers' chambers.
Witness Went To Sleep After Seeing His Friend Murdered? Supreme Court Doubts Testimony, Acquits Convict In Murder Case After Two Decades
Case Title : Narendrasinh Keshubhai Zala vs State of Gujarat
Citation : 2023 LiveLaw (SC) 226
The Supreme Court set aside the conviction in a murder case after noting several blemishes in the testimony of the sole eyewitness.
Subletting By Tenant Impermissible Under Bombay Rent Control Act Unless Contract Allows It : Supreme Court
Case Title: Yuvraj @ Munna Pralhad Jagdale & Ors. v. Janardan Subajirao Wide | Civil Appeal Nos. 28552856 Of 2011
Citation : 2023 LiveLaw (SC) 228
In a recent ruling, the Supreme Court reiterated that it won’t be lawful to sublet after the enactment of the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 unless the contract itself expressly provides so.
Service Of Employees In Zilla Parishad Should Be Counted For Seniority When ZP Has Been Absorbed By Municipal Corporation : Supreme Court
Case Title: Maharashtra Rajya Padvidhar Prathamik Shikshak Va Kendra Pramukh Sabha v. Pune Municipal Corporation and Ors | Civil Appeal No. 1765 Of 2023
Citation : 2023 LiveLaw (SC) 229
While hearing a plea against the primary teachers who were appointed in the Zila Parishad and were later on absorbed into Pune Municipal Corporation based on their inter-se seniority, the Supreme Court observed that their service, while in the Zilla Parishad, deserves to be counted for their seniority.
Advocate Making Baseless Allegation That Another Lawyer Took Money In Judge's Name; Supreme Court Affirms Contempt Of Court Proceedings
Case Title: Gunjan Sinha Alias Kanishk Sinha v The State of West Bengal & Anr.
Citation: 2023 LiveLaw (SC) 230
Taking a lenient view in an appeal filed by an advocate who was punished for contempt of Court, the Supreme Court reduced the penalty amount from Rs. 2 Lakhs to Rs. 1 Lakh.
IBC- Once Resolution Plan Is Approved, No Modifications Are Permissible : Supreme Court
Case Title: SREI Multiple Asset Investment Trust Vision India Fund v Deccan Chronicle Marketeers & Ors.
Citation: 2023 LiveLaw (SC) 231
The Supreme Court has held that the declaration made by the NCLT to the effect that the trademarks “Deccan Chronicle” and “Andhra Bhoomi”, which originally belonged to Deccan Chronicle Holdings Ltd. (“DCHL/Corporate Debtor”), continues to be under the ownership of DCHL post the approval of resolution plan, would amount to impermissible modification of resolution plan as the same was silent on this aspect.
Supreme Court Acquits Man Accused Of Taking Rs 300 Bribe Twenty Years Ago
Case Title : Jagtar Singh vs State of Punjab
Citation : 2023 LiveLaw (SC) 232
The Supreme Court acquitted a man who was convicted under the Prevention of Corruption Act 1988 for accepting a bribe of Rupees 300 in the year 2003.
Mere Membership Of Unlawful Organization Is UAPA Offence : Supreme Court Overrules 2011 Precedents
Case Title : Arup Bhuyan vs State of Assam
Citation : 2023 LiveLaw (SC) 234
In a significant verdict, the Supreme Court on Friday overruled its 2011 judgments in Arup Bhuyan vs State of Assam, Indra Das vs State of Assam and State of Kerala vs Raneef which held that mere membership of a banned association is not sufficient to constitute an offence under the Unlawful Activities (Prevention) Act 1967 or the Terrorism and Disruptive Activities (Prevention) Act, unless it is accompanied with some overt violent.
Affinity Test Not Essential To Determine Correctness Of Caste/Tribe Claim : Supreme Court
Case Title: Mah. Adiwasi Thakur Jamat Swarakshan Samiti v. State of Maharashtra And Ors. SLP (C) No. 24894 of 2009
Citation : 2023 LiveLaw (SC) 241
The Supreme Court answered the reference pertaining to the question - whether the affinity test is integral to the determination of caste status made by the Caste Scrutiny Committee.
Period Of Parole Granted By HPC During COVID-19 Can't Be Counted Towards Actual Sentence : Supreme Court
Case Title : Anil Kumar vs State of Haryana | W.P.(Crl.) No. 46/2022
Citation : 2023 LiveLaw (SC) 237
The Supreme Court held that period of parole granted to prisoners during the COVID-19 pandemic period to prevent the overcrowding of prisoners cannot be counted towards the period of actual imprisonment underwent by the prisoner.
Supreme Court Allows Plea Of Delhi DG(Prisons); Directs Prisoners Who Were Released On COVID-19 Parole To Surrender Within 15 Days
Case Title: In Re : Contagion of COVID-19 Virus in Prisons, SMW(C) No. 1/2020
Citation : 2023 LiveLaw (SC) 238
Allowing an application filed by Director General (Prisons), New Delhi, the Supreme Court directed that all prisoners, who were released on emergency parole by the High Powered Committee during the COVID-19 period based on the orders of the Supreme Court, to surrender within 15 days.
Circumstantial Evidence| When Two Views Possible, View Favouring Accused’s Innocence To Be Adopted: Supreme Court
Case Title: Pradeep Kumar Versus State Of Chhattisgarh | Criminal Appeal No.1304 Of 2018
Citation : 2023 LiveLaw (SC) 239
The Supreme Court of India reiterated that in cases where two views are possible while relying on circumstantial evidence, the view favouring the accused must be preferred.
Supreme Court Acquits Man Accused Of Murdering Wife 35 Years Ago; Says Conviction Resulted In 'Travesty Of Justice'
Case Title: Guna Mahto Versus State Of Jharkhand | Criminal Appeal No.108 Of 2012
Citation : 2023 LiveLaw (SC) 240
The Supreme Court acquitted a man who was concurrently convicted by the trial court and the High Court for the alleged murder of his wife thirty five years ago.
Test Identification Parade Doesn't Have Much Value When Accused Is Already Known To Witness : Supreme Court
Case Title- Udayakumar v. State of Tamil Nadu
Citation : 2023 LiveLaw (SC) 242
The Supreme Court recently acquitted a man who was convicted for the offence of murder. A bench comprising Justices BR Gavai and Sanjay Karol set aside the concurrent findings of guilt recorded by the trial court and the High Court.
News Updates
Shiv Sena Case | Uddhav Side Urges Supreme Court To Restore Status Quo Ante As On June 27, 2022
In the Shiv Sena case, the Uddhav Thackeray side concluded their arguments before the Supreme Court.
Supreme Court Directs Tamil Nadu Government To Consider Premature Release Of Convicted Sri Lankan Citizen In Jail For Over 35 Years
The Supreme Court recently directed the Tamil Nadu government to consider the premature release of a convicted Sri Lankan citizen, incarcerated for over 35 years.
Supreme Court Agrees To Hear TN Govt Challenge To Madras HC Relaxing Conditions For RSS Route March On Mar 3
The Supreme Court agreed to hear on March 3 the petition filed by the Tamil Nadu Government challenging the order of the Division Bench of the Madras High Court, which set aside conditions imposed by the Single Judge on the route march sought to be carried out by the Rashtriya Swayamsevak Sangh (RSS) in the State.
After Rajasthan Govt’s Internet Shutdown To Prevent Cheating In Public Exam, Plea In Supreme Court Seeks Enforcement Of Shutdown Guidelines
After mobile internet services were suspended in 11 districts in Rajasthan to prevent cheating in a competitive examination to recruit government schoolteachers, a petition has been filed in the Supreme Court seeking the implementation of the Anuradha Bhasin guidelines for internet shutdowns.
Judges' Pension : Most States Report Compliance Of Supreme Court Directions To Disburse Arrears
The Supreme Court was informed that most State Governments have complied with the directions regarding disbursal of the pension arrears to retired arrears after enhancement.
Bhima Koregaon Case: Delay In Starting Trial Not Due To Us, NIA Tells Supreme Court
The National Investigation Agency told the Supreme Court that the delay in the trial of the Bhima Koregaon accused could not be attributed to them.
Supreme Court To Deliver Judgment On Petitions Seeking Independent Mechanism To Appoint Election Commissioners
The Supreme Court will deliver judgment on a batch of petitions seeking an independent mechanism to appoint Election Commissioners in the Election Commission of India so as to ensure the independence and autonomy of the poll panel.
Adani-Hindenburg : Supreme Court To Pass Orders On Constituting Committee To Review Regulatory Mechanism
The Supreme Court will pass orders tomorrow on constituting an expert committee to review the regulatory mechanism in the light of Adani-Hindenburg issue.
Shiv Sena Case Hearing | Immaterial For 10th Schedule Whether Rival Group Has Majority; ECI Decision Has Retroactive Effect : Supreme Court
For the application of anti-defection law (tenth schedule of the Constitution), it does not matter whether the rival group is the minority or majority within the political party if their acts amount to defection, observed the Supreme Court while hearing the arguments of the Eknath Shinde group in the Shiv Sena case.
Bhima Koregaon Case: 'Show Us Where They Asked People To Pick Up Guns', Supreme Court Tells NIA In Bail Pleas Of Accused
Show us where the Bhima Koregaon-accused Vernon Gonsalves and Arun Ferreira encouraged others they allegedly ‘recruited’ to pick up arms against the government, the Supreme Court told the National Investigation Agency.
Former Chief Justice Of India AM Ahmadi Passes Away
Former Chief Justice of India AM Ahmadi passed away at 91. Born in Surat, Justice Ahmadi entered the legal profession in 1954 with his enrolment in Bombay. Ten years later he was appointed as a Judge in the City Civil & Sessions Court at Ahmedabad. He was elevated to the Gujarat High Court in 1976.
Adani-Hindenburg : Know The Members Of Expert Committee Constituted By Supreme Court To Review Regulatory Mechanism
The Supreme Court constituted an expert committee to review the regulatory mechanism in the light of the Adani-Hindenburg issue.
"Will Not Let Myself Be Brow Beaten By Bar Members": CJI DY Chandrachud Admonishes SCBA President Vikas Singh
On March 2, 2023, a heated exchange occurred between the Chief Justice of India Dr DY Chandrachud, and the President of the Supreme Court Bar Association (SCBA), Senior Advocate Vikas Singh, regarding the listing of the petition to convert the land measuring 1.33 acres that was allotted to the Supreme Court into chamber blocks for lawyers.
Sr Advs Kapil Sibal, Neeraj Kaul Apologise For Bar Following Heated Exchange Between CJI Chandrachud And SCBA Prez Vikas Singh
Senior Advocates Kapil Sibal and Neeraj Kishan Kaul have expressed regret over the heated exchange that broke out between Chief Justice of India DY Chandrachud and President of SCBA Vikas Singh.
Adani-Hindenburg | Formation Of Expert Committee Does Not Divest SEBI Of Its Responsibilities In Continuing Investigation : Supreme Court
The Supreme Court of India, in its judgement constituting an expert committee to review the regulatory mechanism in the light of Adani-Hindenburg issue, provided details regarding a note SEBI had submitted before the bench to set out the existing statutory regime for investors in India. The court remarked that the constitution of the expert committee did not divest SEBI of its powers or responsibilities in continuing with its investigation into the volatility in the securities market in India.
Lawyers Should Be Allowed To Work On Phones Or Laptops Inside Courtrooms, Internet Facilities Also Must: CJI DY Chandrachud
Chief Justice Of India, DY Chandrachud said that judges should allow lawyers to work on their electronic gadgets inside the courtrooms and must ensure internet facilities with adequate firewalls there so that it is put to genuine and authorised use.
Shivsena Crisis | Political Waters Take Different Turns, Not For Court To Speculate: Senior Advocate Harish Salve To Supreme Court
A Constitution bench of the Supreme Court of India comprising CJI DY Chandrachud, Justice MR Shah, Justice Krishna Murari, Justice Hima Kohli, and Justice PS Narasimha continued hearing the pleas concerning the constitutional issues arising out of the rift within Shiv Sena party between Eknath Shinde and Uddhav Thackeray groups. Senior Advocate Harish Salve argued that the matter fell within the domain of politics and it could be perilous for the judiciary to embark upon it.
Supreme Court Reserves Verdict On Plea To Commute Death Penalty Of Balwant Singh Rajoana In CM Beant Singh Assassination Case
The Supreme Court reserved its verdict on a plea by Babbar Khalsa terrorist and death row convict, Balwant Singh Rajoana for his death sentence to be commuted to life imprisonment. The BKI operative was convicted for his role in the assassination of the former chief minister of Punjab, Beant Singh, in August 1995.
SC Collegium Recommends Elevation Of Scheduled Tribe Lawyer Kardak Ete As Judge of Gauhati High Court
The Supreme Court collegium has recommended the appointment of senior advocate Kardak Ete for appointment as a Gauhati High Court judge.
'Greater Diversity & Inclusion' : SC Collegium Picks Lawyer With Disabilities, ST Lawyer, Trial Court Practitioner
The resolution passed by the Supreme Court Collegium is notable for picking up a lawyer with physical disabilities for elevation as a judge of the High Court.
Corruption Main Reason For Not Achieving Equal Distribution Of Wealth; Botched Investigations Of Scams A Bigger Scam: Supreme Court
The Supreme Court of India lamented, that corruption was one of the main reasons as to why the ‘preambular promise’ of the Constitution to achieve equal distribution of wealth remains a distant dream.
Hijab Ban- 'Will List'- Chief Justice DY Chandrachud On Plea To Hear The Case Before Examination Starts
Chief Justice of India DY Chandrachud said that he will list the Karnataka hijab case after the Holi vacations. The lawyer appearing on behalf of Shariat committee sought an early listing as the exams are commencing from March 9.
Supreme Court To Hear TMC Spokesperson Saket Gokhale's Plea For Bail In Gujarat Police FIR After Holi Vacations
The Supreme Court decided to hear after Holi vacations the petition filed by Trinamool Congress spokesperson Saket Gokhale challenging the order of the Gujarat High Court which denied him bail in case related to alleged misappropriation of funds collected through crowdfunding.
'Not Fully Opposed To RSS March, Will Suggest Alternate Routes' : TN Govt Tells Supreme Court; Hearing Adjourned To Mar 17
The Tamil Nadu Government told the Supreme Court that it is not totally opposed to the route marches proposed to be carried out by the Rashtriya Swayamsevak Sangh (RSS) in the State but wanted it to be restricted with conditions in certain areas.
Supreme Court Stays Arrest Of 'SHUATS' VC, Director In Case For Alleged Mass Religious Conversions
The Supreme Court of India stayed the arrest of the Vice Chancellor (Dr.) Rajendra Bihari Lal and Director Vinod Bihari Laland of Sam Higginbottom University of Agriculture, Technology and Sciences (formerly Allahabad Agricultural Institute) in connection with a mass religious conversion case.
FIR Over Comment Against PM | Supreme Court Extends Interim Relief To Pawan Khera Till 17th March 2023
The Supreme Court has extended the interim bail granted to Congress spokesperson Pawan Khera and listed his plea on 17th March 2023. Khera was arrested by Assam police from Delhi airport over his comment about Prime Minister Narendra Modi. The matter was listed before a bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala.
Bhima Koregaon Case: Supreme Court Reserves Verdict In Bail Pleas Of Vernon Gonsalves and Arun Ferreira
The Supreme Court reserved its verdict on the bail applications of Bhima Koregaon-accused and activists Vernon Gonsalves and Arun Ferreira, both of whom have been lodged in jail since August 2018 for alleged offences under the Unlawful Activities (Prevention) Act, 1967.
Supreme Court Extends Interim Protection Granted To Assam MLA Akhil Gogoi In UAPA Case Till March 13
The Supreme Court adjourned the hearing in an appeal filed by activist turned politician Akhil Gogoi against the Gauhati High Court’s decision to set aside a discharge order in connection with offences under the Unlawful Activities (Prevention) Act, 1967, till Monday, March 13.
'Relax Bail Condition, Allow To Go To Kerala' : Plea Of Abdul Nazar Maudany In Supreme Court In 2008 Bengaluru Bomb Blast Case
Abdul Nazir Maudany, the chairman of Kerala People’s Democratic Party (PDP) and a prime accused in the 2008 Bengaluru serial bomb blasts case, has approached the Supreme Court again seeking a relaxation of his bail conditions allowing him to live in his hometown in Kerala.
Why There Are Less Women In Higher Judiciary? CJI DY Chandrachud Answers At ABA Conference
On February 23, 2023, Chief Justice of India (CJI) DY Chandrachud inaugurated the American Bar Association (ABA) Conference, a three-day international conference on "Law in Age of Glocalisation: Convergence of India and the West". During his keynote address, CJI Chandrachud highlighted the importance of inclusivity and diversity in the legal profession.
UP Local Body Polls | Supreme Court Issues Notice On Plea To Allow Mayors To Continue In Office Till Election Of Successors
The Supreme Court issued notice in a plea filed by the All India Council of Mayors seeking to allow Mayors in Uttar Pradesh local bodies to continue in their offices till their successors are elected.
Supreme Court Refuses To Interfere With HC Order Quashing POCSO FIR Over 'Relationship' Between Man & Minor Girl
The Supreme Court refused to interfere with an order of the Rajasthan High Court quashing a FIR registered against a 22-year old over a physical relationship with a 16-year old girl which led to her pregnancy and child birth.
Supreme Court Asks Centre To Ascertain Number Of Tiger Deaths In Recent Past
The Supreme Court of India asked the Centre to ascertain the number of deaths of tigers in the country in the recent past.
'Judges No Exception To Threat Of Being Trolled' : CJI DY Chandrachud Flags Rise Of Intolerance & False News In Social Media
Chief Justice of India DY Chandrachud has expressed concerns about the rise of fake news and intolerance in the age of social media. While speaking at the inaugural function of the American Bar Association conference at New Delhi
SC Registry Prepares to Launch E-Filing Software, SCAORA Complains Of Not Being Consulted
Amid the Supreme Court registry preparing to commence a training process for lawyers before the introduction of a new e-filing system, the Supreme Court Advocates-on-Record Association has expressed a grievance that the association or any of its members were not consulted before deciding to launch the software.
'Fraternity Is Not Assimilation Of Minority Into Majority, Its Peaceful Co-existence Of Differences' : Justice S Ravindra Bhat
Organized by the students of the Harvard Kennedy School and Harvard School of Business, the 20th edition of the annual Harvard India Conference was held on February 11 and 12, 2023. This year, as India completes 75 years of independence, the conference's theme, "Vision 2047: India at 100 Years of Independence," led to deliberations on the hopes and challenges for the next 25 years.
Delhi Riots 2020 :Independent Inquiry Commission Needed To Find Out Truth, Says Former SC Judge Justice Madan Lokur
An inquiry commission needs to be set up for an impartial investigation to establish the whole gamut of factors that contributed to the 2020 north-east Delhi violence, and to determine the adequacy of the response of the state and its instrumentalities before, during, and after the riots, suggested former Supreme Court judge Madan Lokur. “The whole nation deserves to know what happened here in February 2020.”
Shivsena Case| Revisiting Questions Raised By Supreme Court On Governor's Decision
In the Shiv Sena case between Eknath Shinde and Uddhav Thackeray groups, the powers of the Governor were debated at lengths in the Supreme Court.
Supreme Court Turns Down Plea For 50% Women Reservation In National Defence Academy
The Supreme Court has refused the plea of an aspirant to reserve fifty per cent of seats in the National Defence Academy for women.
Sec 438 CrPC | Can HCs Refuse To Entertain Anticipatory Bail Pleas For Not Exhausting Sessions Court Remedy? Supreme Court To Consider
The Supreme Court agreed to consider the question of whether a high court could refuse to entertain an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 on the ground that the applicant did not approach a sessions court first.
SCBA To Convene General Body Meeting To Consider Resolutions Against Senior Advocates Kapil Sibal & Neeraj Kishan Kaul
A section of the Supreme Court Bar Association has expressed unhappiness at Senior Advocates Kapil Sibal and Neeraj Kishan Kaul for apologising to the Chief Justice of India on behalf of the bar over the remarks made by SCBA President Vikas Singh.
Supreme Court To Host 18th Meeting Of Chief Justices Of SCO Member States From March 10 to 12
The Supreme Court of India will host the 18th meeting of the Chief Justices of the Member States of Shanghai Cooperation Organisation (SCO) from March 10 to March 12, 2023 with a view to develop judicial cooperation among Member States.
Chief Justice Of Kenya Lauds India's Ability To Translate Judgments Using AI
A delegation of the Supreme Court of Kenya, led by Chief Justice of the Supreme Court of Kenya, Justice Martha K. Koome, EGH, called on President of India, Smt Droupadi Murmu at Rashtrapati Bhavan and held discussions with Professor SP Singh Baghel, the Minister of State for Law and Justice and the officials of the Ministry.
Transgender Persons, Gays & Sex Workers Excluded From Blood Donation Based On Scientific Evidence: Centre Tells Supreme Court
The Union Ministry of Health And Family Welfare has filed its preliminary affidavit in a petition challenging the blood donor guidelines in so far as they impose a blanket ban on Transgender persons, gay men, female sex workers, etc. from donating blood.
Constitution Is Stronger Now Because Of Kesavananda Bharati Judgment : Justice BV Nagarathna
Supreme Court judge Justice BV Nagarathna said that the Constitution of India is stronger now because of the Kesavananda Bharati judgment, which laid down the basic structure doctrine.
'Heterosexual Marriages The Norm' : Centre Opposes Pleas In Supreme Court Seeking Recognition For Same-Sex Marriages
The notion of marriage itself necessarily presupposes a union between two persons of the opposite sex, said the Central Government in its counter-affidavit filed in the Supreme Court opposing a bunch of petitions which seek legal recognition for same-sex marriage.
Meeting Of Chief Justices/Chairpersons Of Supreme Courts Of SCO Member States Held In Delhi
Eighteenth meeting of Chief Justices/Chairpersons of the Supreme Courts of the Shanghai Cooperation Organization (SCO) Member States was held in New Delhi under the Presidency of Chief Justice of India, D.Y. Chandrachud from 10-11 March, 2023 with an aim to foster effective judicial cooperation among the Member States.
Supreme Court Makes Stay On Uttarakhand HC Order Banning Fatwas Absolute
The Supreme Court made absolute the interim stay on the order of the Uttarakhand High Court banning religious outfits/bodies and statutory panchayats/local panchayats/group of people in the state from issuing 'fatwas' or similar diktats.
Supreme Court judge Justice Ajay Rastogi urged all advocates to undergo a training course in mediation by "sparing time" or even "sparing briefs", remarking that it would "change (their) lifestyle, (their) response to clients, (their) perception towards not just (themselves) but to the family also"
The Supreme Court on Tuesday refused to entertain petitions challenging the Kerala High Court's judgment dated May 25, 2022, which held that quarrying was not permissible in lands assigned for cultivation as per the provisions of the Kerala Land Assignment Act.
Don't Allow Resolutions Against Kapil Sibal & NK Kaul : KK Venugopal Urges SCBA President Vikas Singh
Former Attorney General for India and Senior Advocate KK Venugopal has written to the President of the Supreme Court Bar Association Vikas Singh advising him to not allow the passing of the resolutions proposed against Senior Advocates Kapil Sibal and Neeraj Kishan Kaul.
Supreme Court Issues Directions For Installation Of Vapour Recovery System In Retail Petroleum Outlets
The Supreme Court has directed that all the retail petroleum outlets located in cities having population of more than 10 lakh and having turn over of more than 300 KL/Month shall install the Vapour Recovery System(VRS) mechanism. This should be done within the fresh time line prescribed in the circular issued by the Central Pollution Control Board on June 4, 2021.
Telangana CM's Daughter K. Kavitha Moves Supreme Court Challenging ED Summons In Delhi Excise Policy Case, Hearing On March 24
Telangana CM's daughter and Bharat Rashtra Samithi (BRS) leader K. Kavitha has moved the Supreme Court challenging ED summons in relation to the Delhi Excise Policy case.
Supreme Court Issues Notice To Gujarat Police On TMC Spokesperson Saket Gokhale's Bail Plea
The Supreme Court issued notice to the Gujarat police on the petition filed by Trinamool Congress spokesperson Saket Gokhale challenging the order of the Gujarat High Court which denied him bail in case related to alleged misappropriation of funds collected through crowdfunding.
Supreme Court Affirms Order To Remove Mosque From Allahabad High Court Premises; Allows Waqf To Request State For Alternative Land
The Supreme Court affirmed the order passed by the Allahabad High Court in 2017 for the removal of a mosque named "Masjid High Court" from its premises.
Telangana BRS MLAs Poaching Case Against BJP : Supreme Court Asks CBI To Not Begin Investigation
The Supreme Court of India orally asked the Central Bureau of Investigation to not begin an investigation into an alleged conspiracy by the Bharatiya Janata Party to poach Telangana’s Bharat Rashtra Samiti legislators.
'Defence Ministry Can't Take Law In Its Hands' : Supreme Court Warns Centre Over OROP Pension Arrears
The Supreme Court warned the Ministry of Defence against "taking the law in their own hands" in the matter concerning the disbursement of arrears to eligible pensioners of the armed forces under the One Rank One Pension (OROP) scheme
Supreme Court Refers Petitions Seeking Legal Recognition For Same-Sex Marriage To Constitution Bench
In a significant development, the Supreme Court referred to a Constitution Bench a batch of petitions seeking legal recognition for same-sex marriages, observing that it was a matter of "seminal importance".
Child Adopted By Same-Sex Couple Need Not Be A Homosexual : CJI DY Chandrachud
While hearing petitions seeking legal recognition for same-sex marriage, Chief Justice of India DY Chandrachud dispelled the assumption that a child adopted by a same-sex couple will necessarily be a homosexual.
Plea Alleging Attacks Against Christians | Supreme Court Directs State Of Jharkhand To File Verification Report
In a plea seeking directions to stop alleged attacks against Christian priests and Christian institutions across the country, the Supreme Court bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala directed the State of Jharkhand file its verification report regarding the violence alleged in the plea.
Supreme Court Seeks Centre's Response On Plea Against Shifting Of Prisoners From J&K To Other States
In a plea alleging that certain detenues detained under the provisions of Jammu and Kashmir Public Safety Act, 1978 had been shifted from local district and central jails within Jammu and Kashmir to prisons in other States of the country, the Supreme Court directed the Union and the State of Jammu and Kashmir to place their counter affidavits on record.
'Killing Of Animals For Food Permissible Under Law' : Supreme Court Refuses To Entertain Plea To Switch Over To Lab-Grown Meat
The Supreme Court dismissed as withdrawn a plea seeking to curb the killing of animals and to switch over to lab-generated meat for human consumption.
'Only CJI Can Assign Cases' : Supreme Court Bench Unhappy With Another Bench Assigning A Case To It
The Supreme Court witnessed a rare sight of one bench openly expressing its disapproval of another bench assigning a case to it. The well established practice of the Court is that the Chief Justice of India assigns cases to benches exercising the powers of "master of roster".
Karnataka Loyayukta Moves Supreme Court Against Interim Pre-Arrest Bail Granted To BJP MLA Madal Virupakshappa
The Karnataka Lok Ayukta has moved the Supreme Court challenging the Karnataka High Court's order granting interim anticipatory bail to BJP MLA in a bribery case.
Telangana Govt vs Governor : Supreme Court To Hear State's Plea Over Delay In Giving Assent To Bills On March 20
The Supreme Court has agreed to hear the writ petition filed by the Telangana Government seeking directions to Governor Tamilisai Soundararajan to clear ten bills passed by the legislative assembly, which are awaiting her assent.
Legal Industry Being "Monopolized": Lawyer Moves Supreme Court Challenging System Of Designating Senior Advocates
President of NLC (National Lawyers' Campaign for Judicial Transparency and Reforms) and Advocate, Mathews J. Nedumpara has moved the Supreme Court against designation of Advocates as "Senior" under Sections 16 and 23(5) of the Advocates Act, 1961.
Chief Justice Of Kenya Witnesses Supreme Court Constitution Bench Hearing In Shiv Sena Case
Chief Justice of Kenya Martha K. Koome was present in the first bench of the Supreme Court afternoon to witness the Constitution Bench hearing in the ShivSena Case.
Lakhimpur Kheri Case Trial Not Slow Paced : Supreme Court
The Supreme Court remarked that the trial in the Lakhimpur Kheri violence case, in which Union Minister Ajay Mishra's son Ashish Mishra is an accused, is "not slow paced".
'Dangerous Precedent' : Supreme Court Lawyers Urge SCBA To Recall Resolutions Proposed Against Kapil Sibal & NK Kaul
Several members of the Supreme Court Bar Association have expressed anguish at the resolutions proposed by certain other members of the Association to reprimand Senior Advocates Kapil Sibal and Neeraj Kishan Kaul for apologising to the Chief Justice of India for the outbursts of SCBA President Senior Advocate Vikas Singh.
Don't Mention Caste Of Parties In Cause Titles Of Judgements: Supreme Court To Trial Courts
The Supreme Court of India clarified that the caste of parties shouldn’t be mentioned in the cause titles of judgements.
Shiv Sena Case Hearing | Distinction Between 'Split' & Rebel Group Taking Control Of Party Very Thin, Says Supreme Court
The distinction between a split in Shiv Sena, as alleged by the Uddhav Thackeray-led camp, and the claim of a ‘rebel faction’, as used as a defence by Eknath Shinde and his followers, is very thin, the Supreme Court orally said during the hearing.
Nagaland Local Body Polls With Women Reservation To Take Place On May 16 : State Election Commission Tells Supreme Court
The Nagaland State Election Commission informed the Supreme Court that the local body elections in the State have been notified and are to take place on 16th May, 2023. The Apex Court directed that the election schedule notified by the Commission should not be disturbed at any cost.
Supreme Court Seeks Centre's Response On Alleged Illegal Detention Of CPI(M) Leader MY Tarigami In J&K In 2019
The Supreme Court asked the Union Government to respond to the allegation that Communist Party of India (Marxist) (CPI(M)) leader Mohammed Yousuf Tarigami was kept under detention without any formal order in 2019 in the aftermath of the abrogation of the special status of Jammu and Kashmir.
BCI Permits Foreign Lawyers & Firms To Practice Foreign Law, Diverse International Law And International Arbitration Matters In India
In a pathbreaking development, the Bar Council of India has decided to permit foreign lawyers and law firms to practice foreign law in India on reciprocity basis. The areas of practice of law by a foreign lawyer or Foreign Law Firm shall be laid down by Bar Council of India, in consultation with the Law Ministry, if need be.
Shiv Sena Case: Principle Of Majority Rule Higher Than Evil Of Defection,’ Eknath Shinde’s Faction Tells Supreme Court
Much higher than the evil of defection is the principle of majority rule in this country, senior advocate Mahesh Jethmalani said on Tuesday(March 14) while appearing for the Eknath Shinde-led Shiv Sena faction before a constitution bench.
Supreme Court Issues Notice For Aggravated Contempt To Lawyer For Asking NCLT To Ignore SC Order
The Supreme Court issued notice to an advocate for "aggravated contempt of court" for asking the National Company Law Tribunal to ignore an order passed by the Top Court as "nullity".
SCBA Drops Move To Pass Resolutions Against Senior Advocates Kapil Sibal and NK Kaul
Following the opposition by many lawyers, including several prominent Senior Advocates, the Executive Committee of the Supreme Court Bar Association decided to cancel the General Body Meeting which was convened tomorrow to discuss the resolutions proposed against Senior Advocates Kapil Sibal and Neeraj Kisan Kaul.
Shiv Sena Case | Governor Can't Enter Into An Area Which Precipitates Government's Fall : Supreme Court Says During Hearing
While hearing the Shiv Sena case, a Constitution Bench of the Supreme Court raised important questions on the decision taken by the Maharashtra Governor to call for a floor test based on the rebellion of Eknath Shinde-led faction.
Supreme Court Hears Indira Jaising's Suggestions To Reform Senior Advocate Designation Process
The Supreme Court commenced with the hearing of the pleas seeking modification to the extant guidelines regarding the process of designation of Senior Advocates practicing before the Supreme Court as well as the High Courts, which was set out in its 2017 judgment, Indira Jaising v. Supreme Court of India.
The Constitution bench of Supreme Court, while hearing the matter concerning the rift between the Uddhav Thackeray and the Eknath Shinde factions in Shivsena, discussed the powers and role of the Governor in calling for a trust vote.
Must Ensure Zero Tolerance For Inappropriate Behaviour Towards Women, Sexist Language & Unsavoury Jokes : CJI DY Chandrachud
There must be zero tolerance for sexual harassment and inappropriate behaviour towards women, inappropriate language targeting women, and even inappropriate jokes at the expense of women, said Chief Justice of India DY Chandrachud.
Accepting Eknath Shinde Group's Case Will Bring Back 'Aaya Ram Gaya Ram' Regime : Kapil Sibal To Supreme Court
The term "aaaya ram, gaya ram", which originated in 1960-70s to describe the frequent spectacle of floor-crossing and horse trading in politics, was invoked by Senior Advocate Kapil Sibal in the Supreme Court while arguing the Shiv Sena case.
'Every Body Want Disposals, If You Run Behind Disposals, Justice Has To Sacrifice': Justice Rastogi
In the course of the hearing of a transfer petition in a rape matter, Supreme Court judge Justice Ajay Rastogi orally remarked that "the system has been such that, everybody wants disposal, disposal everyday, morning, evening, disposal goes on", adding that "you run behind disposal, then justice has to sacrifice".
CJI DY Chandrachud Announces Plan To Release Glossary Of Inappropriate Gendered Terms Used in Legal Discourse
Plans for releasing a legal glossary of inappropriate gendered terms used in legal discourse and creating a large space reserved for women lawyers in the Supreme Court annexe building are in the pipeline, revealed Chief Justice of India DY Chandrachud, while speaking at an event organised by the Gender Sensitisation and Internal Complaints Committee of the top court for a belated celebration of International Women’s Day.
Shiv Sena Case : Supreme Court Constitution Bench Reserves Judgment
A Constitution Bench of the Supreme Court reserved judgment in a batch of cases relating to the rift within the Shiv Sena party between Uddhav Thackeray and Eknath Shinde groups, which led to the change in the government in Maharashtra in July 2022.
[Senior Designation] ‘We Are Certainly Reducing The Weightage Given To Publication’: Supreme Court In Plea Seeking Reforms
The Supreme Court reserved judgment in the pleas seeking modifications in the guidelines regulating the conferment of designation of Senior Advocates as laid down in its 2017 judgment.
Shiv Sena Case | How Can Court Reinstate A CM Who Did Not Face Floor Test? Supreme Court Asks Uddhav Thackeray Side
The Constitution bench of the Supreme Court enquired from the Thackeray faction how the Court could reinstate a Chief Minister who had not faced the floor test.
Shiv Sena Case | Basic Principle Of Parliamentary Democracy Is That Govt Must Have House's Faith : Supreme Court To Uddhav Thackeray Side
On the last day of the hearing, the bench comprising Chief Justice of India DY Chandrachud, Justice MR Shah, Justice Krishna Murari, Justice Hima Kohli, and Justice PS Narasimha heard the rejoinder of the Uddhav Thackeray faction argued by Senior Advocate Kapil Sibal, Senior Advocate AM Singhvi, and Senior Advocate Devadatt Kamat.
On SBI's Plea, Supreme Court Stays HC Order Allowing Director Of Company In Multi-Crore Loan Default To Travel Abroad
The Supreme Court urgently heard a petition filed by the State Bank of India to stay an order passed by the Bombay High Court which allowed a loan defaulter to travel abroad.
Prima Facie Inclined To Relax Restrictions In Eco-Sensitive Zones Near Forests : Supreme Court
The Supreme Court indicated that it might relax the restrictions in the one-kilometer Eco-Sensitive Zone(ESZ) which has been mandated near protected forests and wildlife sanctuaries.
Supreme Court Asks Why Should It Supervise Cheetah Introduction Program When Expert Bodies Are There
“We have become like micro-administrators,” the green bench of the Supreme Court said on March 13 while hearing an application moved by an expert committee constituted to “guide and direct” the National Tiger Conservation Authority with respect to India’s ambitious cheetah reintroduction programme.
Supreme Court Dismisses Cardinal George Alencherry's Plea To Quash Criminal Cases Over Land Scam
In a set back to Cardinal George Alencherry, the Major Archbishop of Syro-Malabar Church, the Supreme Court refused to quash the criminal cases against him over alleged irregularities in the sale of properties belonging to Ernakulam-Angamalay Archdiocese.
[SCBA Land Allotment] Supreme Court Says Can't Use Judicial Powers To Expand Our Own Institution, Expresses Inclination To Take Up With Govt On Administrative Side
The Supreme Court expressed its disinclination to pass judicial orders for converting a land measuring 1.33 acres, that was allotted to the Supreme Court, into chamber blocks for lawyers.
RSS Route March: Tamil Nadu Govt Files New Petition Against Madras HC Order; Supreme Court Adjourns Hearing To March 27
In the dispute related to the route marches proposed by the Rashtriya Swayamsevak Sangh (RSS) in Tamil Nadu, the State Government informed the Supreme Court that it has filed a new special leave petition against the original order passed by the Madras High Court single bench on September 22, 2022, which allowed the organisation to hold processions.
The Supreme Court issued notice on a plea by the union territory of Chandigarh against Punjab and Haryana High Court’s direction to the Punjab police to probe allegations against Chandigarh police of illegalities in the arrest of a city dentist last year.
RAW Reports For Appointing Judges Sought Only In Extraordinary Circumstances Involving National Security: Law Ministry
The Law Ministry has disclosed that generally, it is not a practice to seek R&AW reports on proposals for appointment of judges in the High Courts and the Supreme Court.
Shariat Act Discriminatory Towards Muslim Women, Gives Higher Share To Men In Property Partitions: Plea In Supreme Court, Notice Issued
A Special Leave Petition has been filed before the Supreme Court contending that partition of family property as per Shariat Law is discriminatory towards Muslim women inasmuch as it does not give equal share to a female compared to a male.
Telangana BRS MLAs Poaching Case : Supreme Court Asks State Police Also To Not Continue Investigation Against BJP
A few days after the Supreme Court of India cautioned the Central Bureau of Investigation to not continue an investigation into an alleged conspiracy by the Bharatiya Janata Party to poach Telangana's Bharati Rashtra Samiti legislators, a division bench of Justices Sanjiv Khanna and MM Sundresh on Friday gave the same warning to the Telangana police.
Umesh Pal Murder Case : Supreme Court Expresses Displeasure At Adjournment Request In Atiq Ahmad's Plea
While adjourning a plea filed by gangster and Samajwadi Party leader Atiq Ahmad, the Supreme Court expressed displeasure that the petitioner's lawyer sought adjournment after getting the case urgently listed after mentioning it before the Chief Justice of India, DY Chandrachud.
Supreme Court Informed About Agreement In Defamation Suit Over Sexual Harassment Allegations Against Ex-Judge
While hearing a petition moved by a woman in 2014 seeking transfer of a defamation suit filed by a former judge of the Supreme Court from Delhi High Court pertaining to sexual harassment allegations, the Supreme Court was informed that both the parties have reached an agreement.
Law Intern Arrested In Indore Seeks Supreme Court Intervention; Says Local Bar Refused Legal Aid Amid 'Communally Hostile Environment'
The Supreme Court issued notice in a plea filed by a lawyer and a young law intern alleging that they have fallen victim to communal frenzy. Both the women belonging to a minority community have approached the Apex Court under Article 32 of the Constitution of India asserting their right to life and liberty.
Disability Rights & CLAT | Supreme Court Passes Further Guidelines To Ensure Access To CLAT For Candidates With Disabilities
The Supreme Court of India passed guidelines to ensure better accessibility for candidates with disability to appear in CLAT examination.
Internet Shutdown In Rajasthan | Supreme Court Refuses To Entertain Petition, Directs Petitioner To Approach High Court
The Supreme Court of India refused to entertain a petition seeking enforcement of the guidelines and directions laid down in Anuradha Bhasin v Union of India and Ors to prevent internet shut downs in the state of Rajasthan.
No Finality For Kerala HC's Observation That Church Assets Are Public Trusts & Not Governed By Canon Law : Supreme Court
The Supreme Court clarified that the observations made by the Kerala High Court in Cardinal George Alencherry's case regarding canon law and the power of the Bishops to alienate church assets are prima facie in nature and no finality can be attached to them.
Women Do Not Want to Be Put On A Pedestal, We Only Want Equal Treatment: Justice BV Nagarathna
What women want is not to be put on a pedestal in society, but equal treatment as their male counterparts, whether it is in the workplace, at home, or on the public street, said Justice BV Nagarathna, Supreme Court judge, who is line to become the first woman chief justice of the country.
Ensure People In Jammu & Kashmir Have Easy Access To NHRC : Supreme Court Asks Union Govt
In a plea to reopen statutory panels in the Union Territory of Jammu and Kashmir, the Supreme Court asked the Union Government to consider bringing a mechanism which will allow people people in Jammu and Kashmir to file their complaints to the NHRC from J&K itself pertaining to human rights issues.
Religious Conversion Laws | Himachal Pradesh Re-enacted Provisions Which Have Already Been Struck Down: CJP Tells Supreme Court
In the batch of petitions challenging religious conversion laws in various States, Citizens for Justice and Peace (CJP) highlighted before the Supreme Court that the State of Himachal Pradesh had re-enacted provisions directing prior intimation to district magistrate before conversion, despite such provisions being already struck down in the judgement of Evangelical Fellowship of India v. State of Himachal Pradesh.
‘Every PIL Is Not Bonafide’: Supreme Court Dismisses PIL Seeking Mechanism To Get Copies Of Petitions From Registry
In a PIL filed against the Supreme Court Registry because a party was not provided with the copy of petitions challenging the religious conversion laws, the Supreme Court bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala, reprimanded the party stating that every PIL was not a bona fide PIL.
‘Can’t Allow Third Party To Challenge Bail Order’: Supreme Court Dismisses Plea Challenging Bail To Videocon Chairman Venugopal Dhoot
While noting that a third party could not be allowed to intervene into somebody's application for bail, the Supreme Court of India refused to entertain Ghanshyam Upadhyay's challenge to Bombay High Court's order granting interim bail to Videocon Group Chairman Venugopal Dhoot.
Supreme Court Agrees Hear On March 24, The Plea Challenging Renaming Of Aurangabad To 'Chhatrapati Sambhajinagar'
A plea challenging the renaming of the city of Aurangabad to 'Chhatrapati Sambhajinagar' has been filed in the Supreme Court of India.
Absolutely No Pressure From Executive To Judges: CJI DY Chandrachud
The Chief Justice of India Justice DY Chandrachud, participated as a speaker at the India Today Conclave on ‘Justice in the Balance: My idea of India and the importance of separation of powers in a democracy’. He particularly engaged in discussions on Constitutional democracy. This is the first time a sitting Chief Justice of India has agreed to take live question in the Conclave.
Some Retired Judges Are 'Anti-India' And Trying To Make Judiciary Play The Role of Opposition Party: Law Minister Kiren Rijiju
Union law minister Kiren Rijiju on Saturday accused a handful of retired ‘activist’ judges of trying to make the judiciary play the role of an opposition party, even to the extent of “going to the court and asking it to reign in the government”.
'Foreign Lawyers Entry' Rules Should Be Welcomed In 'National Interest', It Won't Affect Advocates Practicing In India: BCI
Regarding its recent decision to permit foreign lawyers and law firms to practice foreign law in India on a reciprocity basis, the Bar Council Of India issued a press release putting out some clarification in an attempt to put to rest certain 'misapprehension' and 'misinformation' surrounding the same.
Supreme Court To Hear Plea Challenging Board Exams For Classes 5 & 8 In Karnataka On March 27
The Supreme Court agreed to hear on March 27 a petition challenging the holding of board examination for students of Standards 5 and 8th in schools affiliated to the Karnataka state board.
'Sealed Cover Procedure Fundamentally Against Judicial Process, Want To End It' : Supreme Court To Centre In OROP Case
The Supreme Court refused to accept the sealed cover note submitted by the Central Government in the matter relating to disbursal of pension arrears to retired defence personnel under the One Rank One Pension (OROP) scheme.
Air India Urination Case: Victim Moves Supreme Court Seeking Guidelines To Deal With In-Flight Passenger Misconduct
The 72-year-old victim in the Air India urination incident has moved the Supreme Court seeking directions to DGCA and Airline companies to lay down SoPs and regulations to deal with incidents of passenger misconduct on board.
'Hare-Brained Petition' : Supreme Court Dismisses Plea Seeking Registration Of Live-In Relationships
The Supreme Court expressed surprise at a PIL which was filed seeking mandatory registration of live-in relationships.
OROP Arrears | After Defence Ministry Cites Difficulty In Clearing Rs 28,000 Crores Dues In One Go, Supreme Court Extends Timeline
Considering the financial difficulties cited by the Central Government in paying the pension arrears of retired defence personnel under the One Rank One Pension (OROP) scheme in one go, the Supreme Court allowed the Centre to clear the dues in a staggered manner.
'Lotus Is Religious Symbol, Add BJP As Respondent In Plea To Ban Parties With Religious Symbols' : Muslim League To Supreme Court
The Indian Union Muslim League told the Supreme Court that the Bharathiya Janata Party (BJP) should also be made a respondent in a plea seeking to bar political parties with religious names and symbols, as the BJP's symbol lotus is a "religious symbol".
Supreme Court Refuses To Entertain Petition Seeking Hybrid Hearings In Bombay HC, Asks Petitioner To Move HC
The Supreme Court refused to entertain a PIL seeking adoption of a permanent hybrid mode of hearings at the Bombay High Court and and all its Benches at Aurangabad, Nagpur, and Goa.
Supreme Court Directs Online RTI Portals To Be Set Up In All HCs In Three Months
The Supreme Court on Monday directed all High Courts to to set up of online RTI Portals within three months, if they have not done so already. The direction was passed by a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala in the plea seeking mechanism to set up an online portal for e-filing Right to Information (RTI) applications and first appeals in High Courts.
Supreme Court Seeks Centre's Response On Telangana Govt's Petition Challenging Governor's Delay In Giving Assent To Bills
The Supreme Court sought the response of the Union Government to the writ petition filed by the Telangana Government seeking directions to Governor Tamilisai Soundararajan to clear ten bills passed by the legislative assembly, which are awaiting her assent.
Comment About PM : Supreme Court Clubs FIRs Against Congress Leader Pawan Khera, Transfer Them To UP
The Supreme Court clubbed the FIRs registered against Congress Spokesperson Pawan Khera at Varanasi and Assam over the comment made by him against the Prime Minister and transferred them to Police Station, Hazratganj, Lucknow.
Supreme Court Asks Subramanian Swamy To Show Specific Instances Of Lapses By RBI Directors In Banking Scams
The Supreme Court of India while hearing a petition filed by Dr Subramanian Swamy seeking an enquiry by the Central Bureau of Investigation into the role of Reserve Bank of India officials in various banking scams, asked the former Rajya Sabha MP to file an affidavit showing specific instances where the central agency had not proceeded against independent directors despite the availability of material.
UAPA | Supreme Court Reserves Verdict in Appeal by Assam MLA Akhil Gogoi Against High Court Setting Aside Discharge Order
The Supreme Court reserved its verdict in an appeal filed by activist-turned-politician Akhil Gogoi against the Gauhati High Court’s decision to set aside the order of the trial court which discharged him from a case under under the Unlawful Activities (Prevention) Act, 1967.
The Supreme Court expressed displeasure that the petition challenging the system of designating senior advocates has impleaded the Chief Justice of India and the Full Court of the Supreme Court as two of the respondents.
Centre Should Say Yes Or No On Declaring Ram Setu As National Heritage Site : Subramanian Swamy To Supreme Court
Rajya Sabha MP Dr Subramanian Swamy, once again mentioned the plea seeking National Heritage Status for the 'Ram Setu' before the Supreme Court of India.
Supreme Court Directs Withheld Salaries Of 7 Patna High Court Judges To Be Paid
The Supreme Court as an interim measure, directed the release of the salaries of seven judges of the Patna High Court which had been withheld following the closing of their GPF accounts.
“Have To Ruthlessly Root It Out”: Supreme Court On Use Of Unlicensed Firearms In Country
The Supreme Court of India stated that the use of unlicensed firearms in the country should be curbed at all costs.
Despite Tall Claims, Large Section Of People Still Living Below Poverty Line: Supreme Court
The Supreme Court said that there are large sections of people still living below the poverty line despite various “other” claims being made.
Supreme Court Appreciates Presentation Given By MoSJE On Online Dashboard On Details Of Mental Health Facilities
The Department of Empowerment of Persons with Disability in the Ministry of Social Justice and Empowerment (MSJE) presented before the Supreme Court of India a dashboard called "Manoashraya" today. The dashboard provided details of Rehabilitation homes (RH) and Halfway homes (HH) in India.
Supreme Court Agrees To Hear Plea Challenging Frequent Internet Shutdowns In Different States
The Supreme Court agreed to list a petition filed by Software Freedom Law Centre, India (SFLC) challenging Internet Shutdowns in various states across the country.
Palghar Mob Lynching | Petitioners Tell Supreme Court That Matter Can Be Disposed Of As Maharashtra Government Agreed To CBI Enquiry
In the plea seeking CBI enquiry in the Palghar mob lynching matter, the petitioners informed the Supreme Court that since the Maharashtra government had agreed to CBI enquiry in the matter, the plea could be disposed of.
Supreme Court's Changing Attitude Towards 'Sealed Cover' Procedure
CJI DY Chandrachud made headlines yesterday by refusing to accept the sealed cover note submitted by the Central Government in the matter relating to disbursal of pension arrears to retired defence personnel under the One Rank One Pension (OROP) scheme.
Supreme Court To Consider If Electoral Bonds Case Should Be Referred To Constitution Bench
The Supreme Court listed the batch of petitions challenging the Electoral Bonds scheme on April 11 2023 to decide if the matter should be referred to Constitution Bench. The bench comprising CJI DY Chandrachud and Justice PS Narasimha heard the matter.
2016 Demonetisation | Supreme Court Refuses To Consider Individual Grievances, Allows Petitioners To Make Representations Before Centre
The Supreme Court refused to issue directions in individual applications emanating from alleged hardships faced due to the decision of the Union Government to demonetise high-value currency notes of Rs 500 and Rs 1000.
Supreme Court Stays NGT's Order Imposing Rs. 120 Crore Compensation On UP For Untreated Sewage Discharge
The Supreme Court stayed the National Green Tribunal's order imposing an environmental compensation of 120 crores rupees on the State of Uttar Pradesh for discharging untreated sewage into the rivers of Gorakhpur District and improper solid waste management.
Executing Death Penalty By Hanging Barbaric? Supreme Court To Examine Less Painful Alternatives
The Supreme Court expressed its inclination towards constituting an expert committee to determine if the execution of death penalty through hanging was proportionate.
Challenge To ED Chief's Tenure Extension | Not Concerned With Politics Of Petitioners, Says Supreme Court
Supreme Court orally said that it was not concerned with the political affiliations of the petitioners who have filed petitions challenging the third extension given to the term of ED Director SK Mishra and also the CVC Amendment Act 2021.
Supreme Court Praises Orissa High Court For Creatively Using Technology; Says Other HCs Should Replicate It
The Supreme Court has recorded its appreciation for the Orissa High Court for using technology to improve the access to justice for people from far flung areas of the State.
Supreme Court Initiates Suo Motu Contempt Proceedings Against TN Police Officer For Concealing Material Facts
The Supreme Court initiated suo motu contempt proceedings against an Inspector of Police in the State of Tamil Nadu for suppressing material facts in an affidavit filed before the Court.
Supreme Court Warns Magistrates Who Don't Follow Judgments On Bail; Says They Might Be Taken Off From Judicial Work & Sent For Training
The Supreme Court was irked to note that even after 10 months of the judgment being passed, the District judiciary is not complying with directions issued in Satender Kumar Antil vs Central Bureau Of Investigation 2022 LiveLaw (SC) 577, wherein it had laid down elaborate guidelines regarding arrest and bail. It observed that the non-compliance would have a dual ramification - a) sending people to custody when not required to be sent; b) creating further litigation, both of which the Court believed could not be countenanced.
'Remarks During Live-Streaming Have Far Reaching Effects; Be Cautious While Making Adverse Comments' : Supreme Court Advises Judges
The Supreme Court cautioned judges against passing adverse remarks in court, unless accompanied by a proper justification, in the right forum, and necessary to meet the ends of justice.
Karnataka Industrial Areas Development Board Worst In Karnataka For Corruption: Supreme Court Judge
Pulling up the Karnataka Industrial Areas Development Board, Supreme Court Judge MR Shah opined that it is the "worst authority" in Karnataka in terms of corruption.
Supreme Court Directs All High Courts To Respond To Suggestions Of Amicus On Expediting Trials In Cases Against MPs/MLAs
The Supreme Court sought the response of the High Courts to the suggestions made by amicus curiae Senior Advocate Vijay Hansaria for expediting the trail in the cases against sitting and former MPs/MLAs.
Marital Rape | Supreme Court To Hear Pleas Seeking To Criminalize Marital Rape On May 9, 2023
The Supreme Court listed the pleas concerning the constitutional validity of the Marital Rape exception on May 9, 2023.
Bilkis Bano Case Mentioned Again Before SC, CJI Says Special Bench Will Be Constituted To Hear Plea Against Premature Release Of Convicts
The Supreme Court once again agreed to constitute a special bench to hear pleas challenging the order of Gujarat Government allowing the premature release of 11 convicts sentenced to life in Bilkis Bano case.
Lawyers Have To Produce Typed Copies Of HC Judgments Which Are Unreadable Due To Large Watermarks : CJI DY Chandrachud
Chief Justice of India DY Chandrachud urged lawyers to follow the directions of the Supreme Court registry to produce typed copies of High Court judgements, which are unreadable owing to the presence of large watermarks on them.
Supreme Court Grants Bail To Law Intern Arrested In Indore After State Concedes
The Supreme Court granted bail to a law intern from Indore who has been under custody since January 28. The petitioner named Sonu Mansoori had approached the Court alleging that she was heckled and attacked by a group in Indore court premises and the police, instead of taking action against the miscreants, arrested her.
Supreme Court To Hear Plea Challenging Board Exams For Classes 5 & 8 In Madhya Pradesh
A petition challenging Madhya Pradesh High Court’s decision to allow the state government to hold board examinations for classes five and eight has been filed in the Supreme Court of India.
Supreme Court Directs Ministry Of Law & Justice To Conduct Judicial Impact Assessment Of All Tribunals At The Earliest
The Supreme Court bench comprising Chief Justice of India DY Chandrachud and Justice Hima Kohli recently upheld the notification issued by the Central Government in 2019 to abolish the Odisha Administrative Tribunal (OAT) and dismissed the petition filed by the Odisha Administrative Tribunal Bar Association challenging the Orissa High Court's decision which upheld the abolition of OAT.
Supreme Court Collegium Says Centre Should Have Notified John Sathyan's Appointment Before Clearing Later Proposals; Expresses Concerns At Withholding Of Names
In a resolution passed, the Supreme Court Collegium has made certain strong critical remarks against the Central Government for selectively approving names, by withholding certain other names which were recommended for elevation earlier in time.
'Criticism Never Personal', Says Dushyant Dave; 'It's Welcome, Gives Insight To Think', Replies Justice Rastogi
Senior Advocate Dushyant Dave said that his criticism of the judiciary was never personal and added that he loved and respected the institution.
Journalists Asking Difficult Questions To Establishment Integral For Vibrancy Of Our Democracy: CJI DY Chandrachud
The vibrancy of democracy is compromised when the press is prevented from speaking truth to power and asking difficult questions to the establishment, said Chief Justice of India DY Chandrachud.
Supreme Court Asks Centre To File Response In Plea To Protect Western Ghats
The Supreme Court bench comprising CJI DY Chandrachud, Justice P.S Narasimha, and Justice JB Pardiwala passed an order directing the Central government to file a counter affidavit within four weeks in the matter concerning the protection of the Western Ghats.
Supreme Court Urges Union To Play A Proactive Role To Resolve Sutlej-Yamuna Canal Dispute Between Punjab & Haryana
The Supreme Court asked the Union Government to play a proactive role in the endeavour made by the neighbouring States of Punjab and Haryana to find workable solutions in relation to the Sutlej-Yamuna Link (SYL) canal dispute.
Carrot-and-Stick Policy Of Extending ED Director's Tenure By One Year At A Time Threatens Independence : Petitioners Tell Supreme Court
The carrot-and-stick policy of granting piecemeal extensions of only one year at a time to chiefs of investigating agencies threatened the independence of the institutions since the heads would either be perceived to have or would actually be compelled to compromise their duties towards the end of their tenure to secure an extension, Senior Advocate Gopal Sankaranarayanan told the Supreme Court.
Teesta Setalvad Case : ASG To Inform Supreme Court If Anything Substantial Survives In The Matter
The Supreme Court adjourned the hearing in a batch of pleas filed by Teesta Setalvad in relation to three FIRs lodged against the couple over alleged embezzlement of funds raised for victims of 2002 Gujarat riots.
Queer Non-Binary Lawyer Writes To Supreme Court For Infrastructural Inclusivity & LGBTQIA+ Representation On Gender Sensitisation Committee
Amid calls for greater diversity and inclusion in the higher judiciary, the Supreme Court Gender Sensitisation and Internal Complaints Committee has received a representation on the need for infrastructural inclusivity in the top court and queer representation on the committee.
'Large Number Of Remand Orders Passed In Violation Of Law Are From Uttar Pradesh' : Supreme Court Seeks Allahabad HC's Intervention
The Supreme Court noticed that a very large number of orders remanding accused to custody in violation of the directives issued by the top court are coming from Uttar Pradesh.
14 Political Parties Move Supreme Court Seeking Guidelines Against Alleged Arbitrary Action Of ED, CBI On Opposition Leaders
14 political parties including the Indian National Congress, Aam Aadmi Party and Shiv Sena have moved the Supreme Court against alleged arbitrary use of central investigating agencies Enforcement Directorate and Central Bureau of Investigation in arresting opposition leaders.
Supreme Court Refuses To Entertain Plea Challenging Renaming Of Aurangabad As 'Chhatrapati Sambhajinagar'; Asks Petitioner To Approach HC
The Supreme Court refused to entertain a petition challenging the renaming of the city of Aurangabad to 'Chhatrapati Sambhajinagar' stating that the matter had been seized of by the High Court of Bombay.
95% Of Political Leaders Investigated By CBI & ED Are Opposition Leaders : Non-BJP Parties Tell Supreme Court
In a significant step, fourteen political parties approached the Supreme Court against the alleged use of central investigating agencies such as Enforcement Directorate and Central Bureau of Investigation in arresting opposition political leaders and other citizens exercising their fundamental right to dissent and disagree with the present Union Government.
Plea Challenging Senior Designation System: Supreme Court Asks Petition To Be Listed Before A Three-Judges Bench
A Division Bench of the Supreme Court directed the Registry to list the petition challenging the system of designating senior advocates before a three-judge Bench.
'Not In Sealed Cover' : Supreme Court Says While Asking Centre To Give Recommendations To Reconstitute CEC
The green bench of the Supreme Court of India directed a committee appointed by it for monitoring the implementation of its orders and highlighting incidents of non-compliance, to be reconstituted with younger members.
Bilkis Bano's Plea Against Release Of Convicts: Supreme Court Bench Of Justices KM Joseph And BV Nagarathna To Hear On 27th March 2023
The pleas challenging the order of Gujarat Government allowing the premature release of 11 convicts sentenced to life in Bilkis Bano case has been listed before the Supreme Court bench comprising Justice KM Joseph and Justice BV Nagarathna on March 27 2023.
Sexual Harassment Allegations Against Ex-Judge : Supreme Court Disposes Of Defamation Suit & Transfer Petition Based On Agreement Between Parties
The Supreme Court disposed of the defamation suit filed by a former SC judge against a woman who raised sexual harassment allegations him.
Supreme Court Refuses To Entertain PIL Seeking Framework For Citizens To Directly Petition To Parliament
The Supreme Court refused to entertain a PIL seeking a framework which would allow citizens to petition directly to the Parliament. The bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala heard the matter.
Supreme Court Stays Bar Association's Decision To Suspend Lawyers Working As Legal Aid Defence Counsel
In a temporary relief to three legal aid defence counsels, the Supreme Court stayed the letter of the Bar Association Committee, Bharatpur which suspended them from the Association.
Supreme Court Dismisses Petition Seeking Guidelines To Protect Research Works From Plagiarism
The Supreme Court dismissed a petition seeking the protection of research done by scholars in the form of thesis to avoid its misuse or plagiarism.
After Rahul Gandhi's Disqualification, Plea In SC Challenges Automatic Disqualification Of Elected Members Upon Conviction Of 2 Years
A plea challenging the automatic disqualification of representatives of elected legislative bodies, upon being convicted of any offence and sentenced to imprisonment for not less than two years as per Section 8 (3) of the Representatives of the People Act, 1951 (1951 Act) has been filed before the Supreme Court of India.
Supreme Court Expresses Displeasure At A Trial Court Adjourning Matter Despite Its Direction To Expedite Process
The Supreme Court expressed displeasure that the executing court (Additional District and Sessions Judge, 15th Court, Alipore) had adjourned a matter wherein the Apex Court had categorically directed it to conduct the hearing in the execution proceedings on a day to day basis.
SCBA President Vikas Singh Writes To CJI DY Chandrachud; Seeks To Discuss Issues On Lawyers Chambers, SC Lawyers’ Elevation
The President of Supreme Court Bar Association (SCBA) Senior Advocate Vikas Singh has written a letter to CJI DY Chandrachud seeking an audience to be granted to the Executive Committee of the SCBA to discuss various matters such as the issue pertaining to the conversion of 1.33 acres of the land allotted to the Top Court by the Central Government as space for lawyers' chambers, elevation of Supreme Court lawyers to various High Courts, and expeditious and regular designation of Supreme Court lawyers.
Declare Ram Setu As A 'National Monument', Erect Wall At Site To Enable Its 'Darshan' For 'Moksha': Plea In Supreme Court
A plea has been moved before the Supreme Court seeking the construction of a wall at the Ram Setu site 'in the sea' for a few meters/kilometers to enable its 'Darshan' by all living creatures of God on the ground that its darshan guarantees Moksha.
