Supreme Court Weekly Roundup (22nd January 2023 - 28th January 2023)

Judgements/OrdersESI Act Applicable To Factory Or Establishment Irrespective Of Number Of Persons Employed : Supreme CourtCase Title: The ESI Corporation v. M/s . Radhika Theatre | CA 312 OF 2023 | 20 Jan 2023Citation: 2023 LiveLaw (SC) 53Coram: Justice M.R. Shah and Justice C.T. RavikumarThe Supreme Court held that Section 1(6) of the Employees’ State Insurance Act, 1948 (ESI Act), which contemplates that an establishment would be governed by the Act even if the number of employees fall below the specified limit at any time, shall be applicable to establishments established prior to the provision coming into existence.Land Cannot Be Kept Under Temporary Acquisition For Years, It Violates Right To Property Under Article 300A : Supreme CourtCase title: Manubhai Sendhabhai Bharwad and Another Versus Oil and Natural Gas Corporation Ltd. & OthersCitation : 2023 LiveLaw (SC) 55Coram: Justices MR Shah and MM Sundresh The Supreme Court held that, “to continue with the temporary acquisition for number of years would be arbitrary and can be said to be infringing the right to use the property guaranteed under Article 300A of the Constitution of India. Even to continue with the temporary acquisition for a longer period can be said to be unreasonable, infringing the rights of the landowners to deal with and/or use the land.”'Premature For High Court To Opine On Tax Evasion' : Supreme Court Sets Aside HC Order Which Quashed Notice Under Section 130 CGST ActCase Title: State of Punjab Versus Shiv Enterprises Civil Appeal No. 359 of 2023Citation : 2023 LiveLaw (SC) 56Coram: Justices MR Shah and CT Ravi KumarObserving that it was "premature" on the part of the High Court to quash a show-cause notice issued under Section 130 of the Central Goods and Service Tax Act by invoking Article 226 jurisdiction, the Supreme Court set aside an order passed by the Punjab and Haryana High Court.Supreme Court Allows Purse Seine Fishing Beyond TN Territorial Waters With ConditionsCase Title: Fisherman Care vs Govt of Tamil Nadu SLP(C) No. 8442/2021, Ganasekar & Ors v UOI & Ors| WP(C) 262 of 2022 and connected mattersCitation : 2023 LiveLaw (SC) 58Coram: Justices AS Bopanna and Sudhanshu DhuliaThe Supreme Court passed restricted interim orders in a batch of interim applications seeking interim stay on the order dated February 17, 2022 passed by the Tamil Nadu Government on banning the use of purse seine nets for fishing.Supreme Court Strikes Down Assam Law Allowing Diploma Holders To Treat Specified Diseases and Perform Minor ProceduresCase Title: Baharul Islam and Ors. v. Indian Medical Association and Ors. | SLP(C) No. 32592-32593/2015Citation: 2023 LiveLaw (SC) 57Coram: Justices B.R. Gavai and B.V. NagarathnaThe Supreme Court struck down the Assam Rural Health Regulatory Authority Act, 2004 which permitted diploma holders in Medicine and Rural Health Care to treat certain common diseases, perform minor procedures, and prescribe certain drugs. Prescribing Lesser Qualifications For Medical Practitioners Serving Rural Areas Is Unconstitutional : Supreme CourtCase Title : Baharul Islam and Ors. v. Indian Medical Association and Ors. | SLP(C) No. 32592-32593/2015Citation : 2023 LiveLaw (SC) 57Coram: Justice B.R. Gavai and Justice BV NagarathnaAny variation in the standards of the qualifications required of medical practitioners who render services in rural areas vis-à-vis those rendering services in urban and metropolitan areas is violative of the constitutional values of substantive equality and non-discrimination, said Supreme Court, while pronouncing a judgement striking down the Assam Rural Health Regulatory Authority Act, 2004 which permitted diploma holders in Medicine and Rural Health Care to treat certain common diseases, perform minor procedures, and prescribe certain drugs.Murder Trial - Mere Long Standing Pre-Existing Dispute Will Not Attract Exception Of 'Grave & Sudden Provocation' : Supreme CourtCase Title: Prasad Pradhan vs State of Chhattisgarh | CrA 2025 OF 2022 | 24 Jan 2023 Citation: 2023 LiveLaw (SC) 59Coram: Justices Krishna Murari and S. Ravindra BhatThe Supreme Court observed that a long-standing preexisting dispute will not attract the exception of “grave and sudden” provocation under Section 300 of Indian Penal Code.'Entitled To Benefit Of Doubt' : Supreme Court Acquits Accused In A 1985 Murder CaseCase Title: Munna Lal vs State of Uttar Pradesh | CrA 490 OF 2017 | 24 January 2023 Citation: 2023 LiveLaw (SC) 60Coram: Justices S. Ravindra Bhat and Dipankar DuttaIn a judgment delivered on 24 January 2023, the Supreme Court acquitted the accused in a 1985 Murder Case by giving them benefit of doubt.Contradictory Reports By Two Investigation Agencies In UP About MBBS Student's Death: Supreme Court Orders Further Investigation By CBICase Title: Anadi Dixit vs UoI | WP(Crl) 68/2018 | 23 Jan 2023 Citation: 2023 LiveLaw (SC) 61Coram: Justices Aniruddha Bose and Sudhanshu DhuliiaThe Supreme Court has directed CBI to conduct...

Supreme Court Weekly Roundup (22nd January 2023 - 28th January 2023)

Padmakshi Sharma

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