Supreme Court Weekly Digest (6th March 2023-12th March 2023)

Welcome to the Supreme Court Weekly Digest, brought to you by LiveLaw. This weekly digest aims to provide you with a comprehensive overview of the recent developments and landmark decisions delivered by the Supreme Court of India past week. Judgements/OrdersCourts Should Not Summon Appearance Of Officials At The “Drop Of The Hat”: Supreme CourtCase Title: State of UP vs Prahalad Singh | SLP(C) No. 21197/2022Citation : 2023 LiveLaw (SC) 176The 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 IndiaCase Title: Muruly MS v State of Karnataka | SLP (C) No. 12246 of 2022Citation : 2023 LiveLaw (SC) 164The 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 IPCCase Title : Siddaruda @ Karna vs State of KarnatakaCitation : 2023 LiveLaw (SC) 170The 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 CourtCase 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 GovtCase Title: Maharashtra State Electricity Distribution Company Limited v. Adani Power Maharashtra Limited And Ors. | Civil Appeal No. 684 of 2021Citation: 2023 LiveLaw (SC) 166The 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 CourtCase Title: Ravi Dhingra v. State Haryana | Criminal Appeal No. 987 of 2009 and connected mattersCitation : 2023 LiveLaw (SC) 167Merely 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 CourtCase Title: Premchand v. State of Maharashtra | Criminal Appeal No. 211 of 2023| 3rd March, 2023Citation: 2023 LiveLaw (SC) 168The 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 CourtCase Title: P Raman Vs Government of Tamil Nadu and Ors | Special Leave Petition (Civil) Diary No(S).3959/2021Citation : 2023 LiveLaw (SC) 169The 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 CourtCase Title: Nikhil Chandra Mondal Vs State Of West Bengal | Criminal Appeal No. 2269 Of 2010Citation : 2023 LiveLaw (SC) 171Reiterating 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 CourtCase Title: Vikas Rathi v. State of U.P. And Anr. |Criminal Appeal No. 644 of 2023| 1st March, 2023Citation: 2023 LiveLaw (SC) 172The 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...

Supreme Court Weekly Digest (6th March 2023-12th March 2023)

Padmakshi Sharma

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