Supreme Court Weekly Round Up (3rd April-9th April 2023)

With another week gone at Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest to keep our readers up to date with the latest legal developments in the Apex court of the country.Judgements/OrdersSuggestions Made By Defence Counsel To Witnesses In Cross Examination If Incriminating Binds Accused: Supreme CourtCase Title: Balu Sudam Khalde And Another Versus The State Of Maharashtra | Criminal Appeal No. 1910 Of 2010Citation : 2023 LiveLaw (SC) 279The 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. And, the accused can’t get away stating that his counsel had no implied authority to make suggestions in the nature of admissions against his client.For Res Judicata To Apply, Previous Suit Should Have Been Decided On Merits : Supreme Court Explains PrinciplesCase Title: Prem Kishore & Ors. v. Brahm Prakash & Ors.Citation : 2023 LiveLaw (SC) 266In a notable judgment explaining the principles of res judiciata, the Supreme Court has held that an order closing the proceedings in a case cannot be construed as a final decision on merits so as to bar a subsequent suit.HC Order Reducing Sentence in Motor Accident Case Quashed, SC Says, ‘Undue Sympathy Unsustainable When Aim of IPC is to Punish Offenders’Case Title : State of Punjab v. Dil Bahadur | Criminal Appeal No. 844 of 2023Citation : 2023 LiveLaw (SC) 267“The Indian Penal Code is punitive and deterrent, with its principal aim and object being punishing offenders for committing offences under the act,” said the Supreme Court while reversing a decision by the Punjab and Haryana High Court to lessen a sentence imposed on a man convicted in a motor accident case, of rash driving and causing death due to negligence.Supreme Court Lifts Telecast Ban On MediaOne, Says State Using Plea Of 'National Security' To Deny Citizens' RightsCase Title : Madhyamam Broadcasting Ltd vs Union of India and othersCitation : 2023 LiveLaw (SC) 269In a significant judgment, the Supreme Court on Wednesday ruled against the telecast ban imposed by the Union Government on Malayalam news channel MediaOne.Power To Transfer Cases To Be Used Sparingly; May Cast Unnecessary Aspersions On State Judiciary & Prosecution Agency: Supreme CourtCase Title: Afjal Ali Sha @ Abjal Shaukat Vs State of West Bengal & Ors |Transfer Petition (Criminal) No. 409 OF 2021Citation : 2023 LiveLaw (SC) 268While considering a plea seeking transfer of a criminal trial, the Supreme Court recently reiterated the conditions pre-requisite for a transfer.[Order 17 Rule 3 CPC] Suit Can Be Decided On Merit If There Is Some Material, Though It May Not Be Strictly "Evidence" : Supreme CourtCase Title: Prem Kishore And Ors. v. Brahm Prakash And Ors. | Civil Appeal No. 1948 of 2013Citation: 2023 LiveLaw (SC) 266The Supreme Court held that the Court can decide a suit on merit under Order 17 Rule 3 Code of Civil Procedure if there is some material for deciding on merit, even though the material may not be technically interpreted as evidence.IBC | Section 9 Petition Not To Be Dismissed If Few Invoices Are Time Barred But Remaining Invoices Are Not ; Supreme CourtCase Title: M/S Next Education India Pvt. Ltd. v M/S K12 Techno Services Pvt. Ltd.Citation: 2023 LiveLaw (SC) 270The Supreme Court Bench comprising of Justice M.R. Shah and Justice C.T. Ravikumar while adjudicating an appeal filed in M/S Next Education India Pvt. Ltd. v M/S K12 Techno Services Pvt. Ltd., has held that when a petition under Section 9 of IBC is filed based on several invoices and some of the invoices are time barred, then NCLT must consider the remaining invoices which are within limitation and whether they cross the minimum threshold of Rs. 1 Crore'No Equality In Matter Of Illegality' : Supreme Court Denies Relief To School Teacher Dismissed For Degree Through Distance EducationCase Title: Sunil Kumar Soni Versus State Of Rajasthan And Ors | Special Leave To Appeal (C) No(S). 27633/2017Citation : 2023 LiveLaw (SC) 271Denying relief to a school teacher who was dismissed from service as his Bachelor degree was secured through distance education, the Supreme Court has once again stated that there can’t be equality in a matter of illegality.2015 Amendment To Section 153C Of Income Tax Act Will Apply To Searches Conducted Prior To Date Of Amendment : Supreme CourtCase Title : Income Tax Officer vs Vikram Sujitkumar Bhatia and 114 connected cases.Citation : 2023 LiveLaw (SC) 274In a significant judgment on taxation law, the Supreme Court held that the amendment brought to Section 153C of the Income Tax Act 1961 by the Finance Act 2015 will retrospectively apply to searches conducted prior to the date of the amendment, i.e, 01.06.2015.'Officer Without Authority Took Action' : Supreme Court Sets Aside Conviction For 'Black' Sale Of LPG Cylinder In 1995Case Title: Avtar Singh & Anr Versus State Of Punjab | Criminal Appeal No....

Supreme Court Weekly Round Up (3rd April-9th April 2023)

Padmakshi Sharma

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