Supreme Court Weekly Roundup (22nd January 2023 - 28th January 2023)
Padmakshi Sharma
29 Jan 2023 11:45 AM GMT
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),...
Judgements/Orders
Case Title: The ESI Corporation v. M/s . Radhika Theatre | CA 312 OF 2023 | 20 Jan 2023
Citation: 2023 LiveLaw (SC) 53
Coram: Justice M.R. Shah and Justice C.T. Ravikumar
The 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.
Case title: Manubhai Sendhabhai Bharwad and Another Versus Oil and Natural Gas Corporation Ltd. & Others
Citation : 2023 LiveLaw (SC) 55
Coram: 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.”
Case Title: State of Punjab Versus Shiv Enterprises Civil Appeal No. 359 of 2023
Citation : 2023 LiveLaw (SC) 56
Coram: Justices MR Shah and CT Ravi Kumar
Observing 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 Conditions
Case 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 matters
Citation : 2023 LiveLaw (SC) 58
Coram: Justices AS Bopanna and Sudhanshu Dhulia
The 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.
Case Title: Baharul Islam and Ors. v. Indian Medical Association and Ors. | SLP(C) No. 32592-32593/2015
Citation: 2023 LiveLaw (SC) 57
Coram: Justices B.R. Gavai and B.V. Nagarathna
The 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.
Case Title : Baharul Islam and Ors. v. Indian Medical Association and Ors. | SLP(C) No. 32592-32593/2015
Citation : 2023 LiveLaw (SC) 57
Coram: Justice B.R. Gavai and Justice BV Nagarathna
Any 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.
Case Title: Prasad Pradhan vs State of Chhattisgarh | CrA 2025 OF 2022 | 24 Jan 2023
Citation: 2023 LiveLaw (SC) 59
Coram: Justices Krishna Murari and S. Ravindra Bhat
The 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 Case
Case Title: Munna Lal vs State of Uttar Pradesh | CrA 490 OF 2017 | 24 January 2023
Citation: 2023 LiveLaw (SC) 60
Coram: Justices S. Ravindra Bhat and Dipankar Dutta
In a judgment delivered on 24 January 2023, the Supreme Court acquitted the accused in a 1985 Murder Case by giving them benefit of doubt.
Case Title: Anadi Dixit vs UoI | WP(Crl) 68/2018 | 23 Jan 2023
Citation: 2023 LiveLaw (SC) 61
Coram: Justices Aniruddha Bose and Sudhanshu Dhuliia
The Supreme Court has directed CBI to conduct further investigation into unnatural death of an MBBS Student in 2017. Anadi Dixit had lodged the First Information Report after the unnatural death of his daughter who was enrolled in an educational institution pursuing MBBS course. Initially, two persons were arraigned as accused for commission of offences under Section 306/201 of the Indian Penal Code. Subsequently, investigation was handed over to crime investigation division CBCID which now filed a closure report. In these circumstances, Dixit approached the Apex Court by filing a writ petition.
Supreme Court Sets Aside Bail Condition To Deposit Rs 70 Lakhs In Case For Wrongfully Claiming ITC
Case Title: Subhash Chauhan Versus UOI
Citation: 2023 LiveLaw (SC) 61
Coram: Justice Krishna Murari and Justice BV Nagarathna
The Supreme Court has overturned a bail condition imposed by the High Court that a person accused of illegally claiming Input Tax Credit must deposit deposit Rs. 70 lakhs, the alleged amount of improperly claimed ITC.
Case Title: Baharul Islam vs Indian Medical Association
Citation: 2023 LiveLaw (SC) 57
Coram: Justices B R Gavai and B V Nagarathna
While upholding the validity of the Assam Community Professional (Registration and Competency) Act, 2015, the Supreme Court examined the scope of powers of legislature to overrule a judgment.
Case Title: Rajkumar Agrawal vs Vehicle Tata Venture | CA 4941/2022 | 19 Jan 2023
Citation: 2023 LiveLaw (SC) 62
Coram: Justices A S Bopanna and Sudhanshu Dhulia
Can an employee insured under the Employees’ State Insurance Act, 1948, claim compensation under the Motor Vehicles Act? The Supreme Court has referred this issue to larger bench. The question referred is whether the insurance amount paid under the ESI Act is a “similar benefit” as the compensation which is claimed in a motor accident claim.
Order XLI Rule 5 CPC - Mere Filing Of Appeal Would Not Operate As A Stay Of Decree : Supreme Court
Case Title: Sanjiv Kumar Singh vs State Of Bihar | Special Leave to Appeal (C) No(s). 19038/2022 | 24 January 2023
Citation: 2023 LiveLaw (SC) 63
Coram: Justices A S Bopanna and Hima Kohli
The Supreme Court observed that mere filing of the appeal would not operate as a stay under Order XLI Rule 5 of Code of Civil Procedure.
Supreme Court Disapproves Allahabad HC Dismissing Several Bail Applications On Same Day For Default
Case Title: Rahul Sharma vs State Of Uttar Pradesh
Citation: 2023 LiveLaw (SC) 64
Coram: Justices Ajay Rastogi and Bela M. Trivedi
The Supreme Court disapproved the dismissal of about 50 bail applications for default/non-prosecution in a single day by Allahabad High Court.
News Reports
"The Judiciary is the guardian of the Constitution. When rights are infringed, whether constitutional, statutory, contractual, or equitable, and justice denied, the Judiciary steps in to adjudicate, and grant relief. To secure rights and uphold constitutional values and principles, it is imperative that we have a strong, robust judiciary that imbibes constitutionalism and zealously upholds constitutional values", former Supreme Court judge, Justice Indira Banerjee said, while speaking at the 16th Annual Convocation held at the National University of Advanced Legal Studies (NUALS).
6 Points Of Advice For Young Lawyers From Justice Indira Banerjee
Former Supreme Court judge Justice Indira Banerjee offered some pieces of advice to law graduates who are planning to join litigation, while speaking at the convocation ceremony of National University of Advanced Legal Studies, Kochi.
Former judge of the Supreme Court and current chairperson of the National Company Law Appellate Tribunal, Justice Ashok Bhushan, said the move to inaugurate an insolvency law regime was one of the two most important changes in Indian legislative policy; the other being the introduction of the goods and services tax which replaced multiple indirect taxes levied by the centre as well as the states.
Law Minister Questions Collegium System Again, Backs Ex-Judge Who Said SC 'Hijacked' Constitution
Amid the ongoing friction between the judiciary and the executive over the process for judges appointments, Union Law Minister Kiren Rijiju endorsed the view of a former High Court judge who commented that the Supreme Court 'hijacked' the Constitution by formulating the collegium system to select judges.
Senior Advocate Meenakshi Arora mentioned before the Chief Justice of India the hijab matter for urgent listing, saying that urgent interim directions are required to permit Muslim girl students to appear for exams which are conducted only in Government colleges.
Supreme Court To Hear Rana Ayyub's Petition Challenging Summons In PMLA Case On January 25
The petition filed by journalist Rana Ayyub challenging the summons issued by a Special PMLA Court at Ghaziabad has been listed on January 25, after the bench which was supposed to hear the matter cancelled the sitting.
Opposing the view expressed by Vice President Jagdeep Dhankhar that the Parliament has supremacy over other organs of the State, former Supreme Court judge Justice Madan B Lokur said that it is the Constitution which is supreme.
Supreme Court Dismisses CBI's Petition Challenging Bail Granted To Anil Deshmukh
The Supreme Court dismissed the petition filed by the CBI challenging the Bombay High Court order granting bail to former Maharashtra home minister and NCP leader Anil Deshmukh in a corruption case over alleged illegal gratification from bar owners and corruption in police transfers and posting in Maharashtra.
Can't Disclose Answer Sheets Of Judicial Service Exam Under RTI : Supreme Court Rejects Plea
The Supreme Court refused to entertain a plea seeking directions to make available answer scripts of all the candidates who appeared for the Mains written examination for District Judiciary in the State of Madhya Pradesh. Originally, the petitioner, an organization named "Advocate Union for Democracy & Social Justice", had approached the Madhya Pradesh High Court with the plea, which was dismissed. Following that, the petitioner approached the Supreme Court.
SC Status For Converted Dalits : Supreme Court Rejects Challenge To Expert Panel Formed By Centre
The Supreme Court dismissed a Writ Petition that was filed challenging the Central Government’s decision taken in October 2022 to set up a panel to examine Schedule Caste status for dalits who converted to Christianity or Islam.
Supreme Court directed the State of Nagaland to pass orders regarding appointment of the officer duly empanelled by Union Public Service Commission (UPSC), i.e. Mr. Rupin Sharma, IPS officer from the batch of 1992, Nagaland cadre, as the Director General Police of Nagaland within a week’s time.
SCAORA Condemns Forbes India ‘Top 25 Advocates-on Record’ Lists As ‘Misleading’& ‘Unauthorised’
Forbes India has come under the scanner over its decision to publish a list of top 25 Advocates-on-Record as a part of its annual ‘Legal Powerlist’, with the Supreme Court Advocates-on-Record Association criticising the document as ‘misleading’ and against the interests of advocates.
In a plea filed by a 20-year old unmarried woman seeking permission to terminate a 29-week pregnancy, the Supreme Court asked the Additional Solicitor General, Ms. Aishwarya Bhati, to interact with the woman and provide guidance.
The Supreme Court of India observed that it is not inclined in granting bails in cases pertaining to economic offences especially when many depositors have been swindled.
The Supreme Court declined to interfere with a Kerala High Court order (Division Bench) staying the effect of a Single Bench order which held the Cochin International Airport Ltd. is a public authority under the Right to Information Act, 2005.
Bihar Liquor Prohibition Act : Supreme Court Expresses Anguish At Delay In Setting Up Special Courts
The creation of special courts for the purpose of trying cases under the Bihar Prohibition and Excise Act, 2016 was ‘a long distance away’, the Supreme Court observed.
Ban On Hazardous Pesticides : Supreme Court Asks Centre To File Status Report
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 directed the Centre to file an updated status report in respect of the regulatory measures taken by it for effecting a ban on hazardous pesticides.
Addressing the media at the Felicitation of Award Winners of the e-courts Project, the Union Law Minister Kiren Rijiju said that putting out RAW & IB inputs on candidates recommended for elevation in the public domain by the Supreme Court Collegium is a "serious issue".
The Supreme Court held that in determining the entitlement of a convict to premature release, the policy of the State government on the date of the conviction would have to be the determinative factor. The matter was heard by bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala.
The Supreme Court pulled up the Bar Council of India for not coming up with any ‘concrete’ plans for preventing State Bar Associations from going on strikes and abstaining from court work.
Supreme Court Issues Notice On Plea Challenging NLU Tripura Cancelling Admission For 2022-23
The Supreme Court issued notices in a petition seeking orders to quash directions passed by the National Law University, Tripura wherein the University has cancelled the admission process initiated for the Academic session 2022-23 on the ground of want of state domicile quota after the completion of the admission process.
A Constitution Bench of the Supreme Court agreed that modifications are required to be made to the guidelines for Living Will/Advance Medical Directive that was issued by its judgment recognising 'passive euthanasia' in Common Cause v. Union of India And Anr.
Supreme Court Asks Allahabad HC To Reconsider Yes Bank's Plea To Quash FIR
The Supreme Court directed Allahabad High Court to consider afresh the plea of Yes Bank in respect of an FIR lodged against the bank under Sections 420, 467, 468, 409, 120 B, 34 of the IPC. The court added that till the High Court disposes the matter, the interim order passed by the Supreme Court on 30th November 2021, staying the operation of notices and proceedings in connection with the FIR, shall continue.
The Supreme Court dismissed a Special Leave Petition filed by a minor boy who secured All India Rank 30 in the OBC category in CLAT but was treated as a general candidate because he had accidentally selected the creamy layer option instead of the non-creamy layer while filling out his form.
Chief Justice of India, Justice DY Chandrachud said that the judgments of Supreme Court will now be translated in four languages - Hindi, Gujarati, Odia and Tamil.
SCAORA Moves Supreme Court Seeking Creation Of New Chamber Blocks For Lawyers; Supports SCBA Plea
The Supreme Court Advocates on Record Association (SCAORA) has filed an impleading application, to be arrayed as one of the petitioners in the petition filed by the Supreme Court Bar seeking to direct the Ministry of Urban Development to convert land measuring 1.33 acres, that was allotted to the Supreme Court, into chamber blocks for lawyers.
Additional conditions will be added to the regulatory framework governing the environmental release of genetically modified crops if the existing conditions fail to broadly account for all shortcomings or dangers associated with the exercise, the Supreme Court orally remarked.
A Constitution Bench of the Supreme Court continued with the hearing of the reference, which pertains to the issue - whether the arbitration clause in a contract, which is required to be registered and stamped, but is not registered and stamped, is valid and enforceable.
The Supreme Court granted interim bail for a period of eight weeks to Ashish Mishra, son of Union Minister Ajay Mishra, in the Lakhimpur Kheri violence case related to the killings of five persons in October 2021, when vehicles of his convoy allegedly ran over a group of farmers who were protesting against the farm laws.
Supreme Court Sets Aside NGT Order For Demolition Of Goa's Curlies Restaurant Buildings
The Supreme Court bench comprising Justices AS Bopanna and Hima Kohli has set aside an order passed by the National Green Tribunal (NGT) for the demolition of Goa's iconic Curlies Beach Restaurant's buildings. The owner of the restaurant Linet Nunes approached the Court challenging the demolition action started by the Goa Coastal Zone Management Authority over violations of the CRZ regulations.
Chief Justice DY Chandrachud announced that the eSCR (Electronic Supreme Court Reports) will now be providing Supreme Court judgements in various regional languages of India. The said feature will be launched on the occasion of Republic Day.
While granting interim bail to Ashish Mishra in the Lakhimpur Kheri case, the Supreme Court, in a suo motu exercise, also granted interim bail to four persons who are accused in the cross-case related to the lynching of three persons.
Supreme Court Asks Ghaziabad Court To Defer Proceedings In PMLA Case Against Journalist Rana Ayyub
The Supreme Court requested the Special PMLA Court at Ghaziabad to adjourn the proceedings on January 27 in the case against journalist Rana Ayyub over alleged FCRA violations in raising public funds for COVID relief to a date after January 31.
'You Can Ask For VC Facility': Supreme Court Dismisses Plea For HP High Court Bench At Dharamshala
The Supreme Court of India refused to entertain a petition seeking the constitution of a bench for the Himachal Pradesh High Court at Dharamshala. The petition filed by Kangra District Bar Association was heard by a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala.
CJI DY Chandrachud Lauds Orissa HC CJ S Muralidhar For Setting Up VC Facilities In Every District
Chief Justice DY Chandrachud, while hearing a case seeking the constitution of a bench for the Himachal Pradesh High Court at Dharamshala, lauded the setting up of video conferencing facilities for every district in the State of Odisha by Chief Justice S Muralidhar of Orissa High Court. While stating that the Apex court could not direct the Himachal Pradesh High Court to set up a bench in Dharamshala, CJI Chandrachud suggested the petitioner to ask the High Court of Himachal Pradesh to set up a video conferencing facility on an administrative side.
The Supreme Court of India resumed hearings in the petition seeking to implement the order dated 22.07.2022 which had directed the Center and the States to pay judicial officers pension as per the enhanced pay scale as recommended by the Second National Judicial Pay Commission. The matter was listed before a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala.
The Supreme Court adjourned a batch of petitions seeking to allow nearly 20,000 Indian students who had to return from Ukraine due to the Russian attack to complete their medical education in India for six weeks.
The State of Tamil Nadu has filed its counter affidavit in the SLP preferred by Hindu Dharma Parishad seeking appointment of Arangavalar Committee (Trustee Committee) in all Hindu Temples headed by Retired Judge and with a social activist, a devotee, a Scheduled Caste person and a woman as its Members.
The Supreme Court orally asked the CBI and the Gujarat government whether they want to send social activist Teesta Setalvad and her husband Javed Anand back in custody despite the two having been out on bail for over seven years.
The Supreme Court Collegium in its meeting held on 25 January 2023, on reconsideration and in supersession of its earlier recommendation dated 28 September 2022, has recommended elevation of Shri Justice Jaswant Singh, Judge, Orissa High Court as Chief Justice of the Tripura High.
While the coming into force of the Constitution marks an important moment in the history of India, the celebrations of this day are shadowed by urgent human rights violations in the country, said Finnish Green League politician and member of the European Parliament, Alviina Alametsä.
Can the Supreme Court registry refuse to register a curative petition on the ground that the review petition was heard and dismissed in open Court? The Supreme Court has agreed to examine this issue. The bench of Justices Aniruddha Bose and Sudhanshu Dhulia appointed Senior Advocate Raju Ramachandran as Amicus Curiae in this matter.
Senior Advocate Saurabh Kirpal, whose appointment as a judge was objected to by the Central Government on the ground of his sexual orientation, opined that it is important to have judges with different life experiences in the bench, so that the judiciary represents the social diversity.
Senior Advocate Dr.Abhishek Manu Singhvi, who is the amicus curiae in the landmark case DK Basu vs State of West Bengal, has requested the Supreme Court to pass additional guidelines to prevent abuse of arrest powers and custodial torture.
Amid the intensifying war of words between the executive and the judiciary over the issue of judicial appointments and the basic structure doctrine, Senior Advocate and former United Nations Special Rapporteur Anand Grover urged members of the legal fraternity to throw their weight behind the judiciary to ensure their independence. Calling the silence of the bar associations on these issues a ‘tragedy’, Grover said, “It is the responsibility of the bar to take a clear stand. The bar provides a layer of protection to the judiciary. But the support that should be received from the bar is unfortunately lacking.” “If the bar is not strong, how can we expect the judiciary to be strong?” he asked.
As the controversy over the collegium system refuses to die down, Advocate Prashant Bhushan added to the debate by saying that the existing judicial appointment mechanism, although better than allowing the government to have a direct vote, was still afflicted with a lack of transparency.
A Constitution Bench of the Supreme Court reserved order in the reference, which pertains to the issue - whether the arbitration clause in a contract, which is required to be registered and stamped, but is not registered and stamped, is valid and enforceable.
The National Federation of Indian Women has moved the Supreme Court challenging eight state legislations regulating religious conversions, i.e. Anti-Conversion and Freedom of Religion Acts of various states.
Delhi Mayor Polls | Supreme Court To Hear AAP Leader's Plea For Early Election Of MCD Mayor On Feb 3
The Supreme Court listed plea concerning timely conduct of Delhi Mayor Elections on 3rd February 2023. The matter was mentioned by Senior Advocate AM Singhvi before a bench comprising Chief Justice DY Chandrachud and Justice Dipankar Datta.
The Supreme Court refused to entertain Andhra Pradesh Government’s plea assailing High Court’s order, which held that State's decision to appoint 'Executive Officer' to control and manage the affairs of Ahobilam Temple in Kurnool is violative of A. 26(d) of the Constitution and affects the Mathadipathi’s right of administration.
The Supreme Court refused to entertain bail applications of the lawyers who had indulged in vandalism in court premises during their strike demanding formation of new Benches of the Orissa High Court.
As the Modi family feud escalates, the Supreme Court urged the founder of the Indian Premier League, Lalit Modi to take down social media posts made by him against his family members and also against Senior Advocate and former Attorney-General Mukul Rohatgi, who is representing his mother Bina Modi.
The Supreme Court, while hearing a petition seeking rehabilitation of thousands of mentally ill patients who are languishing in hospitals or mental asylums, directed five States/Union Territories to upload information concerning mental health facilities in the online dashboard created by the Ministry of Social Justice and Empowerment.
Mhadei River Dispute : Supreme Court Agrees To List Before February 13
The Supreme Court agreed to list an application filed by State of Goa challenging the Central Water Commission's (CWC) approval of the Karnataka government’s detailed project report (DPR) for the construction of dams on Mhadei river which will lead to diversion of Mhadei river water into Karnataka. The matter was mentioned by Senior Advocate Venkatesh Dhond before a bench comprising Chief Justice DY Chandrachud and Justice Dipankar Datta.
The Supreme Court of India should constitute a five-judges bench to tie all loose ends of the Memorandum of Procedure for the appointment of Judges, and lay down a strict deadline for the government to respond to the collegium resolutions or else it should be taken that the government has nothing to say, and appointments should be done, Justice (Retd) Rohinton Nariman said.
The Supreme Court directed that a copy of the public interest litigation seeking to declare that citizens have a fundamental right to directly petition the Parliament and invite deliberation on important issues of public interest, be served to the Centre.
Advocate, Mr. Ashwini Kumar Upadhyay has, recently, filed an application before the Supreme Court seeking recall of its order which directed change in the title of the case pertaining to religious conversion.
‘More Diversity In Judiciary Will Ensure More Neutrality’: Advocate Shahrukh Alam
Weighing in on the issue of diversity in the Indian judiciary, Supreme Court lawyer-cum-activist Shahrukh Alam said that by bringing in more people from the margins of society to occupy seats of power in the courts, the elements of subjective assessment that inform the process of adjudication would be more neutral.
Religion Important Only When It Is Relevant Under Law, Otherwise India Secular Nation: Supreme Court
The Supreme Court said that religion is important in our country only when its relevant under the law, otherwise for all purposes India is a secular country.
There Are 2967 Tigers Spread In 53 Tiger Reserves As Per 2018 Census: Centre Tells Supreme Court
The Centre informed the Supreme Court that there are 2967 tigers spread in 53 tiger reserves overall in the country as per a 2018 census.
While delivering the guest lecture at 2nd BR Ambedkar Memorial Lecture 2023 organised by Hidayatullah National Law University, Justice Deepak Gupta, former Judge of the Supreme Court said that the government wants to pack the courts with men and women who will toe their line and those who will not be critical of them and will uphold every action of them.
