Supreme Court Weekly Round Up (20th March 2023-26th March 2023)

From political parties approaching the Supreme Court against arbitrary use of investigative agencies to arrest opposition leaders to the overruling of the Arup Bhuyan judgement to hold that mere membership of a banned association is sufficient to constitute an offence under the Unlawful Activities (Prevention) Act 1967, much has happened in the past week in the Apex Court. Live Law's Supreme Court Weekly Digest is here to keep you up to date with all the events from the Supreme Court.Judgements/OrdersPC Act | Constitution Bench Judgment Allowing Circumstantial Evidence Does Not Dilute Requirement Of Proof Beyond Reasonable Doubt : Supreme CourtCase title - Neeraj Dutta v. State (GNCTD) [Criminal Appeal No(s). 1669/2009]Citation : 2023 LiveLaw (SC) 211The 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 CourtCase Title: Shankar Versus The State of Maharashtra | Criminal Appeal No. 954 of 2011Citation : 2023 LiveLaw (SC) 212While 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 TribunalCase Title: Orissa Administrative Tribunal Bar Association v. Union of India & others | Civil Appeal No 6805 of 2022Citation : 2023 LiveLaw (SC) 216The 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 GovtCase Title: Prakash Kumar Jena And Ors. v. State of Odisha And Ors. |Civil Appeal No. 8836/2022| 17th March, 2023Citation: 2023 LiveLaw (SC) 213The 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 CourtCase Title : State of Orissa v Orissa Khadi and Village Industries Board Karmachari Sangh.Citation : 2023 LiveLaw (SC) 214The 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 CourtCase Title : Vishalakshi Amma vs State of KeralaCitation : 2023 LiveLaw (SC) 215The 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 SummonsCase Title- Mahdoom Bava v. Central Bureau of InvestigationCitation : 2023 LiveLaw (SC) 218The 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 CourtCase Title: Sundar @ Sundarrajan v. State by Inspector of Police| Review Petition (Crl) Nos. 159-160 of 2013 in Criminal Appeal Nos. 300-301 of 2011Citation: 2023 LiveLaw (SC) 217The 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 CourtCase Title : Sundar @ Sundarrajan v. State by Inspector of PoliceCitation: 2023 LiveLaw (SC) 217The 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 CourtCase Title: Director of Agriculture & Ors. v M.V. RamachandranCitation: 2023 LiveLaw (SC) 220The 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...

Supreme Court Weekly Round Up (20th March 2023-26th March 2023)

Padmakshi Sharma

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