Supreme Court Weekly Round-Up (27th March 2023-2nd April 2023)

Judgements/OrdersBanks Must Give Opportunity Of Hearing To Borrowers Before Classifying Their Accounts As Fraud : Supreme CourtCase Title : State Bank of India vs Rajesh Agarwal and connected casesCitation : 2023 LiveLaw (SC) 243In a significant verdict, the Supreme Court held that borrowers must be heard before their accounts are classified as fraud. The Court held that the principles of "audi alteram partem" must be read into the Circular issued by the Reserve Bank of India on the classification of bank accounts as fraud accounts.Day Of Remand Should Be Included For Considering Default Bail Claim : Supreme Court Answers ReferenceCase Title : Enforcement Directorate v. Kapil WadhawanCitation : 2023 LiveLaw (SC) 249Answering a reference on a significant point of law, the Supreme Court has held that the day of remand is to be included for considering for considering a claim for default bail.Accused Can't Claim Right Of Hearing Before Registration Of FIR : Supreme CourtCase Title : State Bank of India vs Rajesh Agarwal and connected casesCitation : 2023 LiveLaw (SC) 243The Supreme Court has held that an accused cannot claim to have a right of hearing before the registration of an FIR and that the principles of natural justice are not applicable at the stage of reporting a criminal offence.Supreme Court Releases Death Row Prisoner After 28 Years On Finding Him To Be A Juvenile At The Time Of OffenceCase Title: Narayan Chetanram Chaudhary v. State of Maharashtra |Criminal Miscellaneous Petition No. 157324 of 2018 in Review Petition (Criminal) Nos. 1139-1140 of 2000 in Criminal Appeal Nos. 25-26 of 2000Citation : 2023 LiveLaw (SC) 244The Supreme Court released a death row convict upon finding that even though he was a juvenile at the time of the commission of the offence he was tried as an adult and was sentenced to death.Income Tax Act - Date Of Panchnama Last Drawn Starting Point Of Limitation For Completing Block Assessment Proceedings: Supreme CourtCase Title: Anil Minda and Others Versus Commissioner of Income TaxCitation: 2023 LiveLaw (SC) 246The Supreme Court has held that the date on which the Panchnama was last drawn is the starting point of the two-year limitation for completing the block assessment proceedings under the Income Tax Act 1961.Declarants Of Exotic Live Species As Per 2020 MoEFCC Advisory Immune From Prosecution Under Wild Life Act & Future Amendments : Supreme CourtCase Title- Swetab Kumar v. Ministry of Environment, Forest And Climate Change and Ors.Citation : 2023 LiveLaw (SC)245The Supreme Court on March 27 clarified that individuals who have made a declaration of ownership of 'exotic live species' in accordance with the 2020 advisory issued by the Ministry of Environment, Forest and Climate Change are immune from prosecution under the Wild Life (Protection) Act of 1972 or action under any future laws or amendments.RFCTLARR Act - Owner Cannot Pray For Lapse Of Land Acquisition After Refusing To Accept Compensation : Supreme CourtCase Title: State of Gujarat & Ors. v Jayantibhai Ishwarbhai PatelCitation: 2023 LiveLaw (SC) 247The Supreme Court has held once the land owner refuses to accept the compensation offered by the Land Acquiring Body, thereafter the land owner cannot to pray for lapse of acquisition on the ground that the compensation has not been paid.CCS (Pension) Rules - Service Rendered As Contractual Employee Won't Qualify For Pensionary Benefits : Supreme CourtCase Title : Director General, Doordarshan Prasar Bharti Corporation vs Smt.Magi H DesaiCitation : 2023 LiveLaw (SC) 248The Supreme Court has held that as per Central Civil Services (Pension) Rules 1972, period of services rendered as a contractual employee cannot be said to be service rendered on a substantive appointment. Hence, such service as contractual employee will not qualify as service for the purpose of pensionary benefits.IBC | Application Under Section 12A For Withdrawal Of CIRP Is Maintainable Prior To Constitution Of CoC : Supreme CourtCase Title: Abhishek Singh v Huhtamaki Ppl Ltd. & Anr.Citation: 2023 LiveLaw (SC) 250The Supreme Court has held that Regulation 30A of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2018, is binding upon the National Company Law Tribunal (“NCLT”).Consumer Commissions Can't Decide Complaints Involving Highly Disputed Facts, Criminal Or Tortious Acts: Supreme CourtCase Title:The Chairman & Managing Director, City Union Bank Ltd. & Anr. Versus R. Chandramohan | Civil Appeal No. 7289 Of 2009Citation : 2023 LiveLaw (SC) 251Consumer courts cannot decide complaints involving highly disputed questions of facts or the cases involving tortious acts or criminality like fraud or cheating, the Supreme Court reiterated recently. It said that the concept of “deficiency in service” under the Consumer Protection Act, 1986 must be distinguished from the criminal or tortious acts.Constitutional Courts Can Impose Life Sentence...

Supreme Court Weekly Round-Up (27th March 2023-2nd April 2023)

Padmakshi Sharma

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