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

Padmakshi Sharma

4 April 2023 7:14 AM GMT

    • 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...

    Judgements/Orders

    Case Title : State Bank of India vs Rajesh Agarwal and connected cases
    Citation : 2023 LiveLaw (SC) 243
    In 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.
    Case Title : Enforcement Directorate v. Kapil Wadhawan
    Citation : 2023 LiveLaw (SC) 249
    Answering 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.
    Case Title : State Bank of India vs Rajesh Agarwal and connected cases
    Citation : 2023 LiveLaw (SC) 243
    The 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.
    Case 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 2000
    Citation : 2023 LiveLaw (SC) 244
    The 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.
    Case Title: Anil Minda and Others Versus Commissioner of Income Tax
    Citation: 2023 LiveLaw (SC) 246
    The 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.
    Case Title- Swetab Kumar v. Ministry of Environment, Forest And Climate Change and Ors.
    Citation : 2023 LiveLaw (SC)245
    The 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 Court

    Case Title: State of Gujarat & Ors. v Jayantibhai Ishwarbhai Patel
    Citation: 2023 LiveLaw (SC) 247
    The 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.
    Case Title : Director General, Doordarshan Prasar Bharti Corporation vs Smt.Magi H Desai
    Citation : 2023 LiveLaw (SC) 248
    The 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.
    Case Title: Abhishek Singh v Huhtamaki Ppl Ltd. & Anr.
    Citation: 2023 LiveLaw (SC) 250
    The 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”).
    Case Title:The Chairman & Managing Director, City Union Bank Ltd. & Anr. Versus R. Chandramohan | Civil Appeal No. 7289 Of 2009
    Citation : 2023 LiveLaw (SC) 251
    Consumer 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.
    Case Title : Shiva Kumar @ Shiva @ Shivamurthy vs State of Karnataka
    Citation : 2023 LiveLaw (SC) 252
    In a notable judgment, the Supreme Court has held that a Constitutional Court can order that the life sentence in a case should run for a minimum term without remission, even in a case where death sentence was not imposed.
    Case Title- Tanvir Singh and ors. v. The State of J&K& ors.
    Citation : 2023 LiveLaw 253
    The Supreme Court on March 28 upheld the 2009 selection process and appointment of drug inspectors by Jammu and Kashmir (J&K)Subordinate Services Selection and Recruitment Board (the Board).
    Case Title: Lok Prahari v. UoI And Ors. WP(C) No. 1141/2020 PIL
    Citation : 2023 LiveLaw (SC) 254
    The Supreme Court dismissed a PIL which challenged the open ballot system for Rajya Sabha elections. A bench comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala was considering a petition filed by the NGO Lol Prahari challenging Rule 39AA of the Conduct of the Election Rules 1961.
    Case Title : Pinak Pani Mohanty vs Union of India, .IA. No. 56308 of 2023 in Writ Petition (C) No. 191 of 2022
    Citation : 2023 LiveLaw (SC) 255
    The Supreme Court allowed an application filed by the Central Government seeking allocation of ₹ 5,000 crore out of ₹ 24,979 crores deposited by the Sahara group with the Securities and Exchange Board of India (SEBI) to repay the dues of the depositors of the Sahara Group of Cooperative Societies.
    Case Title- Unnikrishnan Cv & ors. v. UOI
    Citation : 2023 LiveLaw (SC) 255
    The Supreme Court on 28th March rejected the appeal filed to grant promotion to Grade-I and Assistant Engineer on the ground that the appellant did not possess the required degree and court cannot prescribe the qualification or declare the equivalency of a course.
    Case Title: M/S Bilag Industries P. Ltd. & Anr. Versus Commr. Of Cen. Exc. Daman & Anr.
    Citation: 2023 LiveLaw (SC) 257
    The Supreme Court while ascertaining who is the “Related Party” under the Central Excise Act for the purpose of valuation held that before the clause in Section 4(4)(c) could be used, the buyer and seller had to be interested in one another's businesses. Since two-way traffic is required, there shouldn't be any one-way traffic.
    Case Title: Shramjeevi Cooperative Housing Society Ltd. v. Dinesh Johi and others.
    Citation : 2023 LiveLaw (SC) 258
    The Supreme Court on March 22 allowed the appeal filed by the Shramjeevi housing society, which had challenged the decision of the NGT to halt construction near Teliya lake in Mandsaur. The NGT had ordered the construction to be stopped on the grounds that the land fell within a submergence area. However, the housing society argued that they had previously received permission for the construction and that the land was not actually in a submergence area. The Supreme Court sided with the housing society and overturned the decision of the NGT, allowing the construction to proceed.
    Case Title: Commissioner Of Central Excise, Mumbai – 1 Versus M/S. Morarjee Gokuldas Spg. & Wvg. Co.Ltd.
    Citation: 2023 LiveLaw (SC) 259
    The Supreme Court has held that no separate notice under Section 11A of the Central Excise Act is necessary for the recovery of an erroneous refund granted.
    Case Title: Mohd. Muslim v. State (NCT of Delhi) | Special Leave Petition (Criminal) No. 915 of 2023
    Citation : 2023 LiveLaw (SC) 260
    In a pathbreaking judgment on bail jurisprudence, the Supreme Court has held that undue delay in trial can be a ground to grant bail to an accused, despite the rigours of Section 37 of the Narcotic Drugs and Psychotropic Substances Act 1985.
    Case Title : Shivashankara vs HP Vedavyasa Char
    Citation : 2023 LiveLaw (SC) 261
    The Supreme Court has observed that the principle of "lis pendens" is based on "justice, equity and good conscience" and the same will apply even in a case where the provisions of Section 52 of the Transfer of Property Act is not applicable in the strict sense.
    Case Title : Shivashankara vs HP Vedavyasa Char
    Citation : 2023 LiveLaw (SC) 261
    In a suit for possession, if both parties have not established title, then the party who proved prior possession will succeed, held the Supreme Court recently. Such right of the person who had prior possession will hold good against the whole world except the person who has the title over the property.
    Case Title: Mohd. Muslim v. State (NCT of Delhi) | Special Leave Petition (Criminal) No. 915 of 2023
    Citation : 2023 LiveLaw (SC) 260
    The Supreme Court of India, while enlarging on bail an undertrial prisoner who was arrested seven years ago under the Narcotic Drugs and Psychotropic Substances Act, 1985 for his alleged involvement in peddling a prohibited substance, observed that a plain and literal interpretation of the rigorous conditions under Section 37 would make granting of bail impossible.
    Case Title: Prasanta Kumar Sahoo & Ors. v Charulata Sahu & Ors.
    Citation: 2023 LiveLaw (SC) 262
    The Supreme Court has held that during the pendency of a partition suit, the parties can seek benefit of the amended law, when final decree has not been passed. Accordingly, the preliminary decree in a partition suit can be varied in the final decree proceedings, if the law governing the parties has been amended.
    Case Title: Bhupinder Singh v. Unitech Limited Civil Appeal No. 10856 of 2016
    Citation : 2023 LiveLaw (SC) 263
    The Supreme Court applied the principle of restitution and directed two individuals to return the money disbursed pursuant to its order, from the sale proceeds of Unitech’s land sold to M/s. Devas Global Services LLP.
    Case Title : Shivashankara vs HP Vedavyasa Char
    Citation : 2023 LiveLaw (SC) 261
    The Supreme Court has held that a suit will not abate for not impleading all legal representatives of the deceased defendant, if the estate of the deceased was otherwise substantially represented by other defendants on record.
    Case Title: Pulen Phukan & Ors. Versus The State Of Assam | Criminal Appeal No.906 Of 2016
    Citation : 2023 LiveLaw (C) 265
    The Supreme Court acquitted four persons who were convicted for a murder which happened in 1989. After appreciating the evidence, the Court formed an opinion that the case might have been set up by the police themselves after killing the deceased in the process of arrest (Pulen Phukan & Ors. Versus The State Of Assam).

    Suggestions Made By Defence Counsel To Witnesses In Cross Examination If Incriminating Binds Accused: Supreme Court

    Case Title: Balu Sudam Khalde And Another Versus The State Of Maharashtra | Criminal Appeal No. 1910 Of 2010

    The Supreme Court held that the suggestion made by the defence counsel to a witness in the cross-examination, if found to be incriminating, would definitely bind the accused.

    News Updates
    The Supreme Court agreed to list tomorrow a fresh petition filed by Lakshadweep MP Mohammed Faizal seeking permission to attend the Lok Sabha as his conviction has been stayed.
    The Supreme Court dismissed a petition filed by the State of Uttar Pradesh challenging the Allahabad High Court's direction to consider giving job to a family member of the Hathras crime victim and to relocate the family from Hathras.
    The Supreme Court issued notice in a plea by Karnataka Lokayukta challenging the Karnataka High Court's order granting interim anticipatory bail to BJP MLA, K. Madal Virupakshappa, in a bribery case. The High Court order was not stayed.
    The Supreme Court reserved its verdict on the Tamil Nadu government’s plea against a division bench of the state high court allowing Rashtriya Swayamsevak Sangh (RSS) to conduct route marches without the conditions imposed by a single judge of the court.
    While deciding to hear the petitions challenging the remission granted in the Bilkis Bano case, the Supreme Court asked if uniform standards as in other murder cases have been followed while allowing the premature release of 11 convicts who were sentenced to life for multiple murders and gang-rapes during the 2002 Gujarat riots.
    The Supreme Court posted the petition filed by Telangana CM's daughter and Bharat Rashtra Samithi (BRS) leader, K. Kavitha, challenging ED summons in relation to the Delhi Excise Policy case, after three weeks.
    The Supreme Court agreed to hear a petition challenging the Delhi High Court's judgement upholding the Agnipath Scheme, as per which those between 17-and-a-half and 23 years of age were made eligible to apply for armed forces to be inducted for a four-year tenure.
    The Supreme Court dismissed another petition seeking for uniform age of marriage for men and women. The matter was listed before a bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala.
    The Supreme Court, on Monday, closed proceedings in a plea pertaining to the issue of large-scale manufacture and sale of illicit liquor in the state of Punjab.
    The Supreme Court sought a response from the Jammu and Kashmir on a petition which alleged that backdoor appointments of administrative staff were taking place at the J&K judiciary.
    The Bar Council of India agreed before the Supreme Court to suggest the nature of grievances which can be considered by the Grievance Redressal Committees, which are proposed to be set up at local levels to avert the strikes by lawyers.
    The Supreme Court suggested that a meeting be held between the Delhi Commission for Protection of Child Rights (DCPCR) and the Union Ministry of Women and Child Development so that a discussion could take place on the issue of 2021 amendments made to the Juvenile Justice (Care and Protection) Act 2015 (JJ Act).
    On being told that the Kerala High Court has stayed an order of the National Green Tribunal - which was earlier upheld by the Supreme Court- the Top Court directed its Registry to communicate its orders to the Registrar General of the High Court.
    The Supreme Court has directed the Union Ministry of Minority Affairs to engage with States which have not yet constituted Haj Committees in their respective States. The bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala was hearing a matter pertaining to the constitution of a Central Haj Committee prescribed under Section 3 read with Section 4 of the Haj Committee Act, 2002 and State Haj Committees as per Section 17 of the Act.
    The Supreme Court refused to entertain an application which sought a clarification that the reservation meant for transgender persons as per the 2014 judgment in the NALSA case is horizontal reservation.
    The Supreme Court granted time to the State of Gujarat to file its counter affidavit in a plea filed by former IPS officer Sanjiv Bhatt seeking to adduce additional evidence in the criminal appeal filed by him in the Gujarat High Court challenging his conviction in a 1990 custodial death case.
    The Supreme Court agreed to list a plea seeking the consolidation of all suits filed in connection with the Gyanvapi Mosque dispute on 21st April 2023.
    The Supreme Court declined relief to gangster-turned-politician Atiq Ahmad who raised the apprehension that he would be gunned down by the Uttar Pradesh police in a fake encounter. The former Lok Sabha member is the prime accused in the sensational murder of Umesh Pal, a key witness to a Bahujan Samaj Party legislator’s murder in 2005.
    The Supreme Court permitted notifications for setting up the election process for the local bodies in the State of Uttar Pradesh with OBC quota within two days. It allowed the State Election Commission to issue a notification in this regard in two days with an OBC quota in terms of a report of the Uttar Pradesh Backward Classes Commission.
    In a plea seeking weeding out of harmful chemicals and pesticides being used in India causing severe health hazards to farm workers, people living in the vicinity, and the consumers, the Supreme Court asked the Union Government why action had only been taken with respect to three pesticides.
    Is the right to represent a constituency a fundamental right, the Supreme Court asked on Tuesday, while considering a petition filed by Lakshadweep MP PP Mohammed Faizal's petition challenging the Lok Sabha Secretariat's refusal to revoke his disqualification despite the High Court staying his conviction in a criminal case.
    The Supreme Court disposed of a batch of petitions by repatriated Indian medical students from Ukraine, China, the Philippines, etc after the central government informed the court that as a one-time extraordinary measure, penultimate year students would be allowed to take the MBBS examination without being enrolled in any Indian medical college.
    The Supreme Court issued notice in a plea challenging Section 50 and Section 63 of the Prevention of Money Laundering Act (PMLA), 2022.
    The Supreme Court restrained the Delhi Urban Shelter Improvement Board (DUSIB), Delhi Police, Delhi Development Authority (DDA) and all other authorities operating in the National Capital Territory of Delhi from demolishing temporary shelters for the homeless without getting the prior permission of the Court.
    The Supreme Court adjourned the hearing of contempt petition in a batch of pleas seeking directions to regulate hate speech, till 29.03.2023.
    In the petition filed by the Telangana Government against the Telangana Governor over the delay in the giving assent to bills, the Supreme Court on March 27 granted adjournment to enable the Solicitor General of India Tushar Mehta to apprise the Court of the updated position. The matter will be next heard on 10 April 2023.
    The Supreme Court has dismissed the review petitions against the acquittal of the three persons who were sentenced to death for the gang-rape and murder of a 19-year-old girl in Delhi’s Chhawla area in 2012.
    The Supreme Court reiterated its out of the box suggestions to unclog jails in commemoration of the 75th year of independence.
    One day after the death of Sasha, a female Cheetah brought from Namibia and released in Madhya Pradesh’s Kuno, the absence of experts in the Cheetah Task Force was flagged before the Supreme Court of India. The four-and-a-half-year-old feline died on March 27 due to renal failure less than a year after she was translocated to the Kuno National Park, along with seven other cheetahs.
    The Supreme Court on March 27 dismissed a special leave petition filed by Indian Medical Association Bihar State Branch challenging a Delhi High Court judgment which upheld the regulation mandating minimum marks of 50th percentile in National Eligibility-Cum-Entrance Test (NEET) for admission to postgraduate courses.
    The Supreme Court issued notice in a petition filed by Ushodaya Publications, which owns a leading Telugu daily "Eenadu", challenging the Government Order (GO) allegedly aimed at improving sales of "Sakshi" newspaper (allegedly owned and controlled by Chief Minister of Andhra Pradesh) to all the village and ward secretariats.
    In a plea seeking directions to stop alleged attacks against Christian priests and Christian institutions across the country, Supreme Court has directed the Union Ministry of Home Affairs to collate a report on States' compliance with the directions issued in the judgment of Tehseen Poonawalla v. Union of India against mob violence.
    The Supreme Court repeated its concerns over failure of authorities to take prompt action against instances of hate speech.
    The Supreme Court orally remarked that the concerns expressed by the Kerala High Court regarding election expenses while suspending the conviction of Lakshadweep MP PP Mohammed Fazil were totally irrelevant.
    The Supreme Court Collegium has recommended the transfer of three High Court judges. Justice V M Velumani of Madras High Court is proposed to be transferred to Calcutta High Court. Justice Sanjiv Prakash Sharma, judge of the Patna High Court, is proposed to be transferred to the Punjab and Haryana High Court.
    In a plea filed by the Madhya Pradesh High Court Bar Association, the Supreme Court affirmed mandatory e-filing in Debts Recovery Tribunals (DRTs) and Debts Recovery Appellate Tribunals (DRATs). The court, while remarking that other Courts and Tribunals should also replicate the model of mandatory e-filing, also passed certain directions to make e-filing more accessible for everyone.
    The Supreme Court, in a plea filed by the Madhya Pradesh High Court Bar Association, affirmed mandatory e-filing in Debts Recovery Tribunals (DRTs) and Debts Recovery Appellate Tribunals (DRATs). While doing so CJI DY Chandrachud, who was leading the bench also comprising Justice PS Narasimha and Justice JB Pardiwala expressed his disapproval of the presumption that women practitioners would need an exemption to the rule of mandatory e-filing.
    The Supreme Court issued notice in Delhi Government's petition seeking the quashing of notifications through which the Lieutenant Governor (LG) of Delhi appointed ten nominated members to the Municipal Corporation of Delhi (MCD) on his own initiative, and not on the aid and advice of the Council of Ministers.
    The Supreme Court agreed to take up the plea filed by Mohammed Abdullah Azam Khan, who has now been disqualified from Uttar Pradesh Legislative Assembly two days after he was convicted and sentenced to 2 year imprisonment in a 15-year-old case.
    The Supreme Court of India recently pulled up the Tamil Nadu State government for not complying with an earlier direction of the Court to consider the premature release of a convicted Sri Lankan citizen, incarcerated for over 33 years.
    The Supreme Court held that out of turn promotions can’t be claimed as a matter of right under the Madhya Pradesh Police Regulations.
    The Karnataka Unaided Schools Management Association has withdrawn the petition filed in the Supreme Court challenging the interim order passed by the Karnataka High Court division bench which stayed a single bench decision to stop the State Government's move to hold board exams for Classes 5 and 8.
    The Supreme Court dismissed a Public Interest Litigation (PIL) seeking for declaration of the entire animal kingdom, including avian and aquatic species, as "legal entities" having a distinct persona with corresponding rights of a living person.
    The Supreme Court has yet again expressed its anguish at trial courts dismissing bail applications in violation of its judgments. In this case, after setting aside an order passed by a Magistrate in Bihar, the Court directed that the regular bail application be assigned to another Magistrate. The Court also granted interim protection to the accused till the regular bail application is considered.
    The Supreme Court issued notice in a petition challenging the ongoing recruitment process of Judicial Members for the 19 Central Administrative Tribunals (CATs) across the country.
    While dismissing the appeal pleas of two murder convicts, the Supreme Court of India reiterated certain important principles on the appreciation of oral evidence of injured eye witnesses during the trial stage.
    Jamiat Ulama-i-Hind, acting through Maulana Mahmood Madani, who has served as a Member of Parliament, has sought intervention in the matter pertaining to the legal recognition for same-sex marriage in India. While opposing the petitions seeking to fit in same sex marriage in the prevailing legal regime of India, Jamiat Ulama-i-Hind has argued that as a legal institution, marriage between the opposite sexes has been central to the legal regime of India.
    The scheme for engaging Law Clerk-cum-Research Associates on a short-term contractual assignment in the Supreme Court of India has been revised.


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