Supreme Court Weekly Digest (8th May 2023-14th May 2023)

Welcome to Live Law's Supreme Court Weekly Digest. This week's edition is particularly significant, marked by several landmark judgments that have captured the nation's attention. Notably, the Supreme Court rendered its decisions in the long-standing Shivsena dispute as well as the contentious Delhi versus Lieutenant Governor (LG) dispute on the same day. Furthermore, the Supreme Court also reserved its judgment on the highly anticipated petitions related to marriage equality, an issue of profound societal significance that has garnered widespread debate and discourse. As we embark on this legal exploration, we aim to provide a comprehensive understanding of these significant rulings and their far-reaching implications within the framework of Indian jurisprudence. Judgements/OrdersIBC | Date Of Order Pronouncement & Time Taken To Provide Certified Copy Excluded From Limitation Period For Appeal To NCLAT : Supreme Court[Case Title: Sanket Kumar Agarwal & Anr v APG Logistics Private Limited]Citation: 2023 LiveLaw (SC) 406The Supreme Court has held that for the purpose of computing limitation for filing of appeal under Section 61(2) of the Insolvency and Bankruptcy Code, 2016, the time taken by Tribunal for providing certified copy of order to be challenged ought to be excluded from computation of limitation.Company's Bank Account Can't Be Frozen For Criminal Investigation Against Unrelated Party : Supreme Court[Case Title: M/s. Jermyn Capital LLC Dubai v. CBI And Ors. | Special Leave Petition (Crl) No. 9134 of 2018]Citation: 2023 LiveLaw SC 412The Supreme Court set aside freeze order and subsequent bank guarantee imposed on a Foreign Institutional Investor company as those actions were found to be taken on the basis of a criminal case pending against a person, who had no connection with the company.TN Highways Act Can't Be Invalidated Due To Variance From RFCTLARR Act As It Has Received President's Assent : Supreme Court[Case Title: CS Gopalakrishnan etc. v. The State of Tamil Nadu and others]Citation : 2023 LiveLaw (SC) 413The Supreme Court held that the Tamil Nadu Highways Act 2001 cannot be invalidated on the ground that is provisions are at variance from the Right to Fair Compensation and Transparency in Land Acquisition; Rehabilitation and Resettlement Act, 2013. Since the Tamil Nadu Act has received the assent of the President under Article 254(2) of the Constitution of India, there is no basis in challenging the Act on the ground that is repugnant to the RFCTLARR Act.2015 Arbitration Amendment Not Applicable Though S.11 Application Was Filed After It, If Arbitration Notice Was Issued Pre-Amendment: Supreme Court[Case Title: M/s. Shree Vishnu Constructions vs The Engineer in Chief Military Engineering Service & Ors.]Citation : 2023 LiveLaw (SC) 417The Supreme Court has ruled that where the notice invoking arbitration is issued prior to the coming into force of the Arbitration and Conciliation (Amendment) Act, 2015, i.e., prior to 23.10.2015, and the application under Section 11 of the Arbitration and Conciliation Act, 1996 (A&C Act), seeking appointment of an arbitrator, is made post the enforcement of the Amendment Act, the 2015 Amendment Act shall not be applicable.Pension Can't Be Denied To Employee Citing Wrongful Deductions Made Towards CPF Scheme : Supreme Court[Case Title: Calcutta State Transport Corporation vs Ashit Chakraborty]Citation : 2023 LiveLaw (SC) 419In a judgment affirming the rights of pensioners, the Supreme Court held that retired employees cannot be made to suffer due to mistakes committed by their employers.GNCTD vs LG: Supreme Court Holds Delhi Govt Has Control Over "Services" Excluding Public Order, Police & Land[Case Title : Government of NCT of Delhi vs Union of India]Citation : 2023 LiveLaw (SC) 423The Supreme Court held that the National Capital Territory of Delhi has legislative and executive power over administrative services in the National Capital, excluding matters relating to public order, police and land. The Lieutenant Governor shall be bound by the decision of Delhi government over services, apart from public order, police and land, it held.Maharashtra Case - Governor's Decision For Floor Test Wrong, But Uddhav Govt Can't Be Restored As He Resigned : Supreme Court[Case Title: Subhash Desai v. Principal Secretary, Governor of Maharashtra And Ors. WP(C) 493/2022]Citation : 2023 LiveLaw (SC) 422In the matter pertaining to the Shiv Sena rift, the Supreme Court Constitution bench held that it cannot order the restoration of the Uddhav Thackeray government as he resigned without facing floor test. Since Thackeray voluntarily resigned, the Court held that the Governor was right in inviting Ekanth Shinde form the government with the support of BJP.Supreme Court Rejects Centre’s Challenge To Maintainability Of Meghalaya's Suit Challenging Provisions Of Lotteries Regulation Act[Case Title: State of Meghalaya v. Union of India Original Suit No. 1/2021]Citation : 2023 LiveLaw ...

Supreme Court Weekly Digest (8th May 2023-14th May 2023)

Padmakshi Sharma

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