Supreme Court Weekly Roundup (27th February 2023-5th March 2023)

Welcome to the Supreme Court Weekly Digest, where we provide you with an overview of the latest legal developments in the country. Over the past week, the Supreme Court has issued several important judgments and rulings that have far-reaching implications for the Indian legal system. From the judgment concerning the appointment of Election Commissioners to the arrest of Delhi's Deputy Chief Minister by the Central Bureau of Investigation, as well as the Punjab government's plea challenging the refusal of the Governor to grant permission to summon the budget session - legal events have captured the attention of the entire nation. As always, we will strive to provide you with a detailed and comprehensive analysis of these developments, so that you can stay informed about the latest happenings in the world of law. Join us as we delve into the intricacies of these cases and explore their legal implications.Judgements/OrdersCourts Should Not Impose Onerous Conditions On Complainants Under Domestic Violence Act : Supreme CourtCase Title: Bhawna Versus Bhay Ram And Others | SLP (Criminal) No.1090 Of 2023Citation : 2023 LiveLaw (SC) 148The Supreme Court recently set aside a condition imposed by the Delhi High Court which had allowed a victim of domestic violence to lead evidence during trial subject to payment of Rs.20,000 per witness.CPC Order 41 Rule 23A - Appellate Court Can't Remand Suit For De Novo Trial Merely Because A Particular Evidence Has Not Been Adduced : Supreme CourtCase Title: Sirajudheen v. Zeenath And Ors. Civil Appeal No. 1491 of 2023| Civil Appeal No. 1491 of 2023|Citation : 2023 LiveLaw (SC) 145The Supreme Court held that High Courts ought not to remand a matter for trial de novo without recording any explanation as to on what ground the decree was being reversed by it.Section 24 CPC Power Can Be Invoked By Common High Court For Two Or More States Even For Inter State Transfer Of Suits: Supreme CourtCase Title: Shah Newaz Khan vs State of NagalandCitation: 2023 LiveLaw (SC) 146 The Supreme Court held that the power under section 24 of the CPC can be exercised by the High Court even for inter-State transfer of a suit, appeal or other proceeding, if it is the common High Court for two or more States under Article 231 of the Constitution and both the Civil Courts (transferor and transferee) are subordinate to it.Highest Z+ Security Should Be Provided To Mukesh Ambani & Family Throughout India & Abroad; Cost To Be Borne By Ambanis : Supreme CourtCase Title: Union of India v. Bikash Saha And Ors. MA No. 309-10 of 2023 in SLP(C) No. 11164-65/2022Citation : 2023 LiveLaw (SC) 147The Supreme Court has directed that the Highest Z+ Security Cover provided to billionaire businessman Mukesh Ambani and his family is not restricted to Mumbai, but be made available across India and also when they are traveling abroad. The cost, as per the order of the Supreme Court, is to be borne by the Ambanis.Mere Fact Of Commission Of Suicide Itself Not Sufficient To Raise Presumption Under Section 113A Evidence Act : Supreme CourtCase Title: Kashibai vs State of Karnataka | SLP(Crl) 8584/2022 | 28 Feb 2023 Citation: 2023 LiveLaw (SC) 149The Supreme Court held that the mere fact of commission of suicide by itself would not be sufficient for the court to raise the presumption under Section 113A of the Evidence Act, and to hold the accused guilty of Section 306 IPC(abetment to suicide).Section 28 Specific Relief Act - Time To Deposit Balance Sale Consideration Cannot Be Extended As A Matter Of Course : Supreme CourtCase Title: P. Shyamala Versus Gundlur Masthan | Civil Appeal Nos. 1363-1364 of 2023Citation : 2023 LiveLaw (SC) 151The Supreme Court rescinded a sale agreement after noting that the plaintiff, who secured a decree for specific performance of the contract, had failed to deposit the balance sale consideration within time.Mere Acquittal In Criminal Case Does Not Entitle An Employee To Reinstatement In Service : Supreme CourtCase Title: Imtiyaz Ahmad Malla vs State of Jammu & Kashmir | SLP(C) 678 of 2021 | 28 February 2023Citation: 2023 LiveLaw (SC) 150The Supreme Court observed that mere acquittal does not entitle an employee to the reinstatement in service.'Non-Recovery Of Corpse Relevant In Considering Chain Of Circumstances' : Supreme Court Reverses Conviction In Murder CaseCase Title: Indrajit Das v. State of Tripura| Criminal Appeal No. 609 of 2015| 28th February, 2023Citation: 2023 LiveLaw (SC) 152The Supreme Court reversed a conviction recorded by the Trial Court, affirmed by the Tripura High Court on the ground that major links of the chain of circumstances had not been proved by the prosecution evidence in a case based on circumstantial evidence.Power To Transfer Cases To CBI Should Be Used Sparingly: Supreme CourtCase Title: Royden Harold Buthello & Anr Vs State Of Chhattisgarh & Ors | Criminal Appeal No.634 Of 2023Citation : 2023 LiveLaw (SC) 154The Supreme Court reiterated that the Court’s power to...

Supreme Court Weekly Roundup (27th February 2023-5th March 2023)

Padmakshi Sharma

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