Supreme Court Weekly Round Up (1st May 2023-7th May 2023)

With another week gone by, Live Law is here with its Weekly Digest to provide the readers with a panoramic view of the Supreme Court's jurisprudence. Through this digest, we aim to promote transparency, accessibility, and informed discourse on the judiciary's role in upholding justice and safeguarding the rights of individuals. We believe in the power of knowledge and its ability to shape society, and we strive to empower our readers with a deep understanding of the Supreme Court's rulings. Judgements/Orders'Irretrievable Breakdown of Marriage' A Ground To Dissolve Marriage Invoking Article 142 Powers : Supreme Court[Case Title: Shilpa Sailesh v. Varun Sreenivasan [TP(C) No. 1118/2014] and other connected matters]Citation : 2023 LiveLaw (SC) 375A Constitution Bench of the Supreme Court held that it can invoke its special powers under Article 142 of the Constitution of India to grant divorce on the ground of irretrievable breakdown of marriage, which is not yet a statutorily recognised ground.Chargesheet Not Incomplete Merely Because It Was Filed Without Sanction; Accused Can't Seek Default Bail On That Ground : Supreme Court[Case Title: Judgebir Singh @ Jasbir Singh @ Jasbir and others vs National Investigation Agency and others | Crl.A. No. 1011/2023]The Supreme Court pronounced a judgement holding that an accused person would not be entitled to default bail on the ground that the chargesheet filed against them is without a sanction of valid authority and hence is an incomplete chargesheet.Waiting Period For Mutual Consent Divorce As Per S.13B(2) Of Hindu Marriage Act Can Be Waived Invoking Article 142 : Supreme Court[Case Title : Shilpa Sailesh vs Varun Sreenivasan]Citation : 2023 LiveLaw (SC) 375A Constitution Bench of the Supreme Court has held that it can invoke the special powers under Article 142 of the Constitution of India to waive the waiting period of 6 to 8 months prescribed for seeking divorce through mutual consent as per Section 13-B of the Hindu Marriage Act 1955.Parties Cannot Directly Approach Supreme Court Under Article 32 Seeking Divorce On Ground Of Irretrievable Breakdown Of Marriage : SC[Case Title: Shilpa Sailesh vs Varun Sreenivasan]Citation: 2023 LiveLaw (SC) 374 While holding that irretrievable breakdown of marriage can be a ground to grant divorce by invoking powers under Article 142 of the Constitution, the Supreme Court clarified that a party cannot file a writ petition under Article 32 of the Constitution of India and seek relief of dissolution of marriage on the ground of irretrievable breakdown of marriage directly from it.Home Secretary Cannot Order Further Investigation Or Reinvestigation Of Case By Another Agency : Supreme Court[Case Title: Bohatie Devi (Dead) Through LR v. The State of Uttar Pradesh & Ors.]Citation : 2023 LiveLaw (SC) 376The Supreme Court recently held that Section 173(3) read with Section 158 of CrPC does not permit the Secretary (Home) to order for further investigation or reinvestigation by another agency, other than the officer in charge of the concerned Police Station and/or his superior office.Don't Seek Extension Of Time For Investigation At Last Moment, Accused Will Get Right To Default Bail : Supreme Court To NIA, Police[Case Title: Judgebir Singh @ Jasbir Singh @ Jasbir vs National Investigation Agency and others]Citation: 2023 LiveLaw (SC) 377The Supreme Court cautioned the Investigating agencies against filing of applications seeking extension of time for completing the investigation at the last moment.In Matters Pertaining To Citizens' Liberty, Courts Should Act Promptly; Avoid Detailed Deliberation Of Evidence In Bail Pleas : Supreme Court[Case Title: Sumit Subhaschandra Gangwal vs State of MaharashtraCitation: 2023 LiveLaw (SC) 373]Inordinate delay in passing an order pertaining to liberty of a citizen is not in tune with the constitutional mandate, the Supreme Court observed in an order allowing anticipatory bail plea.No Priority For Workers' Dues After Liquidation Of Company Under IBC : Supreme Court Upholds Section 327(7) Of Companies Act 2013[Case Title : Moser Baer Karamchari Union through its President Mahesh Chand Sharma vs Union of India W.P.(C) No. 421/2019 and connected cases.]Citation : 2023 LiveLaw (SC) 386The Supreme Court upheld a provision of the Companies Act 2013, which holds that workers' dues will not get preferential payment in the event a company undergoes liquidation as per the provisions of the Insolvency and Bankruptcy Code 2016.Police SI Selection | Supreme Court Finds Fault With HC For Not Considering Candidates' Objections To Questions[Case Title: Sachit Kumar Singh & Ors. v. The State of Jharkhand & Ors. | Civil Appeal Nos. 2793-98 of 2023]Citation : 2023 LiveLaw (SC) 382In a major relief to a section of police job aspirants in Jharkhand, last week, the Supreme Court set aside a high court order denying relief to candidates for the post of police sub-inspector who did not receive minimum qualification marks in a ...

Supreme Court Weekly Round Up (1st May 2023-7th May 2023)

Padmakshi Sharma

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