Supreme Court Monthly Roundup (May 2023)

In this fast-paced era of ever-evolving laws and dynamic legal landscapes, it's essential to stay ahead of the curve. That's why Live Law brings to you a comprehensive coverage of the most significant Supreme Court decisions, influential rulings, and groundbreaking legal precedents that shape the course of justice in our nation.Judgements/OrdersFact That Co-Accused Has Not Surrendered Cannot Be A Ground To Deny Bail : Supreme Court[Case Title: Sebil Elanjimpally vs The State of Odisha]Citation : 2023 LiveLaw (SC) 474The Supreme Court recently observed that an accused cannot be denied bail on the sole ground that the co-accused has not surrendered. The Court was considering a bail application filed by an accused who was under custody for offences under the Narcotic Drugs and Psychotropic Substances Act, 1985.Supreme Court Sentences NRI Father To 6 Months Imprisonment, Imposes Rs 25 Lakhs Fine Violating Directions To Bring Minor Son To India[Case Title: Meenal Bhargava vs Naveen Sharma & Ors.]Citation : 2023 LiveLaw (SC) 475The Supreme Court has sentenced a non-resident Indian to six months imprisonment and imposed a fine of Rs 25 lakhs for contempt of court, for failing to bring back his minor son to India in terms of the orders passed by the top court from time to time and the undertaking given by him before the court to this effect.'Irretrievable Breakdown of Marriage' A Ground To Dissolve Marriage Invoking Article 142 Powers : Supreme Court[Case Title: Shilpa Sailesh v. Varun Sreenivasan [TP(C) No. 1118/2014] and other connected matters]Citation : 2023 LiveLaw (SC) 375A Constitution Bench of the Supreme Court held that it can invoke its special powers under Article 142 of the Constitution of India to grant divorce on the ground of irretrievable breakdown of marriage, which is not yet a statutorily recognised ground.Chargesheet Not Incomplete Merely Because It Was Filed Without Sanction; Accused Can't Seek Default Bail On That Ground : Supreme Court[Case Title: Judgebir Singh @ Jasbir Singh @ Jasbir and others vs National Investigation Agency and others | Crl.A. No. 1011/2023]The Supreme Court pronounced a judgement holding that an accused person would not be entitled to default bail on the ground that the chargesheet filed against them is without a sanction of valid authority and hence is an incomplete chargesheet.Waiting Period For Mutual Consent Divorce As Per S.13B(2) Of Hindu Marriage Act Can Be Waived Invoking Article 142 : Supreme Court[Case Title : Shilpa Sailesh vs Varun Sreenivasan]Citation : 2023 LiveLaw (SC) 375A Constitution Bench of the Supreme Court has held that it can invoke the special powers under Article 142 of the Constitution of India to waive the waiting period of 6 to 8 months prescribed for seeking divorce through mutual consent as per Section 13-B of the Hindu Marriage Act 1955.Parties Cannot Directly Approach Supreme Court Under Article 32 Seeking Divorce On Ground Of Irretrievable Breakdown Of Marriage : SC[Case Title: Shilpa Sailesh vs Varun Sreenivasan]Citation: 2023 LiveLaw (SC) 374While holding that irretrievable breakdown of marriage can be a ground to grant divorce by invoking powers under Article 142 of the Constitution, the Supreme Court clarified that a party cannot file a writ petition under Article 32 of the Constitution of India and seek relief of dissolution of marriage on the ground of irretrievable breakdown of marriage directly from it.Home Secretary Cannot Order Further Investigation Or Reinvestigation Of Case By Another Agency : Supreme Court[Case Title: Bohatie Devi (Dead) Through LR v. The State of Uttar Pradesh & Ors.]Citation : 2023 LiveLaw (SC) 376The Supreme Court recently held that Section 173(3) read with Section 158 of CrPC does not permit the Secretary (Home) to order for further investigation or reinvestigation by another agency, other than the officer in charge of the concerned Police Station and/or his superior office.Don't Seek Extension Of Time For Investigation At Last Moment, Accused Will Get Right To Default Bail : Supreme Court To NIA, Police[Case Title: Judgebir Singh @ Jasbir Singh @ Jasbir vs National Investigation Agency and others]Citation: 2023 LiveLaw (SC) 377The Supreme Court cautioned the Investigating agencies against filing of applications seeking extension of time for completing the investigation at the last moment.In Matters Pertaining To Citizens' Liberty, Courts Should Act Promptly; Avoid Detailed Deliberation Of Evidence In Bail Pleas : Supreme Court[Case Title: Sumit Subhaschandra Gangwal vs State of MaharashtraCitation: 2023 LiveLaw (SC) 373]Inordinate delay in passing an order pertaining to liberty of a citizen is not in tune with the constitutional mandate, the Supreme Court observed in an order allowing anticipatory bail plea.No Priority For Workers' Dues After Liquidation Of Company Under IBC : Supreme Court Upholds Section 327(7) Of Companies Act 2013[Case Title : Moser Baer Karamchari Union through its President Mahesh ...

Supreme Court Monthly Roundup (May 2023)

Padmakshi Sharma

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