Supreme Court Weekly Digest (6th March 2023-12th March 2023)
Padmakshi Sharma
13 March 2023 5:11 AM GMT
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...
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/Orders
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.
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.
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.
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).
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.
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.
News Updates
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.
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.
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.
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.
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.
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