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Supreme Court Weekly Round Up (1st May 2023-7th May 2023)
Padmakshi Sharma
7 May 2023 2:02 PM GMT
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...
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
[Case Title: Shilpa Sailesh v. Varun Sreenivasan [TP(C) No. 1118/2014] and other connected matters]
Citation : 2023 LiveLaw (SC) 375
A 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) 375
A 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.
[Case Title: Bohatie Devi (Dead) Through LR v. The State of Uttar Pradesh & Ors.]
Citation : 2023 LiveLaw (SC) 376
The 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) 377
The Supreme Court cautioned the Investigating agencies against filing of applications seeking extension of time for completing the investigation at the last moment.
[Case Title: Sumit Subhaschandra Gangwal vs State of Maharashtra
Citation: 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.
[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) 386
The 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) 382
In 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 limited competitive examination, but had raised objections with respect to nine questions before the declaration of results.
[Case Title: Balwant Singh v. Union of India & Ors. | Writ Petition (Criminal) No. 261 of 2020]
Citation : 2023 LiveLaw (SC) 391
In a significant development, the Supreme Court refused to commute the death sentence of Babbar Khalsa terrorist Balwant Singh Rajoana to life imprisonment on the ground of the long pendency of the mercy petition before the President of India.
Can't Direct That 50% HC Judges Should Be From District Judiciary; But At Least 1/3rd Should Be From Judicial Services : Supreme Court
[Case Title: All India Judges Association And Ors. v. Union of India And Ors. WP(C) No. 1022/1989]
Citation : 2023 LiveLaw (SC) 385
Recently, the Supreme Court refused to issue directions to the High Courts to fill 50% of the seats in the respective High Courts from the Bench (service judges, district judiciary), if vacancy from the Bar quota lies vacant for more than 6 months.
Supreme Court Sets Aside Andhra Pradesh High Court Order Which Stayed Probe Into Amravati Land Scam; Asks HC To Reconsider
[Case Title: State of Andhra Pradesh v. Varla Ramaiah [SLP(C) No. 11912-13/2020]
Citation : 2023 LiveLaw (SC) 390
The Supreme Court set aside the Andhra Pradesh High Court order which stayed probe into the Amravati Land Scam, in a plea moved by the Andhra Pradesh government.
Supreme Court Sets Aside HC Direction To Increase Retirement Age Of Anganwadi Workers As 65 Years In Tripura
[Case Title : State of Tripura vs Rina Purkayastha and others]
Citation : 2023 LiveLaw (SC) 387
The Supreme Court recently set aside a judgment of the Tripura High Court which directed the State Government to raise the retirement age of Anganwadi workers from 60 years to 65 years.
Section 140(5) Companies Act 2013 Is Constitutional; Resignation Of Auditor Won't End Proceedings Under Sec 140(5) : Supreme Court
[Case Title: Union of India vs Deloitte Haskins and Sells LLP]
Citation: 2023 LiveLaw (SC) 388
The Supreme Court upheld the constitutional validity of Section 140(5) of the Companies Act, 2013 and held that that the provision is "neither discriminatory, arbitrary and/or violative of Articles 14, 19(1)(g) of the Constitution of India".
Section 389 CrPC | Sentence Can Be Suspended In Appeal Only If Convict Has Fair Chances Of Acquittal : Supreme Court
[Case Title: Omprakash Sahni v. Jai Shankar Chaudhary And Anr Etc.| Criminal Appeal Nos. 1331-1332 of 2023]
Citation : 2023 LiveLaw (SC) 389
The Supreme Court has held that in order to suspend the substantive order of sentence under Section 389 of the Criminal Procedure Code, there ought to be something apparent or gross on the face of the record, on the basis of which, the Court can arrive at a prima facie satisfaction that the conviction may not be sustainable.
Supreme Court Sets Aside Magistrate's Order Directing Police Investigation Into Allegation Of Rape Against BJP Leader Kailash Vijayvargiya
[Case Title: Kailash Vijayvargiya v. Rajlakshmi Chaudhuri and others]
Citation : 2023 LiveLaw (SC) 396
After almost 17 months since the verdict was reserved, the Supreme Court set aside an order by a magistrate in Kolkata directing a police investigation into an allegation of rape and criminal intimidation against BJP national general secretary Kailash Vijayvargiya, RSS member Jisnu Basu and suspended BJP leader Pradeep Joshi.
No Mining Activity Within ESZ Even If Eco-Sensitive Zone Is More Than 1 Km From Protected Forest : Supreme Court Clarifies
[Case Title: In Re: T. N. Godavarman Thirumulpad v. Union of India & Ors.| Citation: 2023 LiveLaw SC ]
Citation : 2023 LiveLaw (SC) 392
On 28th April, 2023, the Supreme Court clarified its order dated 26th April 2023, wherein it stated that its previous order mandating a 1 km Eco-Sensitive Zone (ESZ) around protected forests would not be applicable to the ESZs in respect of which a draft and final notification has been issued by the Ministry of Environment, Forest and Climate Change (MoEF & CC) and in respect of the proposals which have been received by the Ministry.
Customs Act 1962 : Supreme Court Delivers Split Verdict On Jurisdiction Of Settlement Commission In Relation To Goods Under Section 123
[Case Title: Yamal Manojbhai v. Union of India And Ors. Writ Petition (Crl) No. 55 of 2023]
Citation : 2023 LiveLaw (SC) 399
The Supreme Court delivered a split verdict in respect to the issue -whether jurisdiction of Settlement Commission under Section 127B of the Customs Act, 1962 can be invoked in relation to goods to which Section 123 applies.
'Gives Arbitrary Powers To Police' : Supreme Court Upholds Quashing Of TN Decision To Constitute Anti-Land Grabbing Cell
[Case Title: Government of Tamil Nadu & Ors. v.R. Thamaraiselvam etc.]
Citation : 2023 LiveLaw (SC) 400
Stating that the powers can be abused by police, the Supreme Court has upheld the decision of Madras High Court to set aside 2011 Tamil Nadu’s government order wherein it had constituted Land Grabbing Special Cells without defining land grabbing cases.
‘Court Not To Sermonise On Morality’ : SC Allows Premature Release Of Woman Convicted For Killing Sons While Attempting Suicide
[Case Title: Nagarathinam Versus State Through The Inspector Of Police | Criminal Appeal No. 1389 Of 2023]
Noting at the appellant had already suffered at the cruel hands of fate, the Supreme Court of India recently set aside the order of the Tamil Nadu government rejecting a convict-mother’s prayer for premature release, who poisoned her two children.
District Police Chief Can't Order Further Investigation Without Permission From Magistrate Or Higher Court: Supreme Court
Case Title: Peethambaran v. State of Kerala & Anr.
Citation : 2023 LiveLaw (SC) 402
The Supreme Court recently reiterated that the power to order further investigation rests with either with the concerned magistrate or with a higher court and not with an investigating agency.
IBC| Ineligibility Of Resolution Applicant As Per S.164(2)(b) Companies Act Can't Be Presumed Unless Competent Authority Declares Supreme Court
Case Title: M.K. Rajagopalan v Dr. Periasamy Palani Gounder
Citation: 2023 LiveLaw (SC) 403
The Supreme Court has held that a resolution applicant cannot be rendered ineligible to submit a resolution plan under the Insolvency and Bankruptcy Code, 2016 (“IBC”), by assuming his/her disqualification under Section 164(2)(b) of the Companies Act, 2013, unless a categorical order disqualifying him/her to act as a director of any company is passed by the competent authority.
Responding to a PIL filed to direct the Law Commission of India to prepare a draft on anti-conversion law, the Tamil Nadu Government has submitted before the Apex Court that Anti-conversion laws are prone to misuse against minorities.
The Supreme Court agreed to hear on May 8 a petition filed challenging the decision of the Bihar Government to grant premature release to former Bihar MP Anand Mohan in the case for the mob lynching of Gopalganj District Magistrate G Krishnaiah in 1994.
Supreme Court Dismisses As Withdrawn Plea To Ban Political Parties With Religious Names & Symbols; Gives Liberty To Move HC
The Supreme Court of India allowed the withdrawal of a petition seeking the ban of political parties which use names and symbols with religious connotations.
P&H HC Lawyers' Plea For Hybrid Hearings : Supreme Court Says HC May Consider On Administrative Side
In a plea challenging the Punjab and Haryana High Court's decision to completely prohibit access to hybrid hearings following the resumption of physical hearings, the Supreme Court granted petitioners the liberty to move to the Chief Justice of Punjab and Haryana High Court to address the grievance on an administrative side.
Sedition Law | Process To Re-Examine Section 124A IPC Underway, Consultations At An Advanced Stage: AG Tells Supreme Court
The central government informed the Supreme Court that it was in the process of re-examining Section 124A of the Indian Penal Code and that the said process was in an advanced stage.
Whether a legislator's suspension due to conviction in a criminal case should be based on the moral turpitude involved in the offence? The Supreme Court raised this query while hearing Samajwadi Party leader Mohammed Abdullah Azam Khan's plea to stay the conviction in a case, which resulted in his disqualification as a member of the UP legislative assembly.
The Supreme Court agreed to constitute a three-judge bench on May 4 to consider Centre's application seeking the recall of the recent judgement of a two-judge bench of the Apex Court in Ritu Chhabaria v. Union of India And Ors.
Supreme Court To Hear Plea Against Demolition Drive In Tughlakabad Area
The Supreme Court refused to stay the demolition drive to remove encroachment from Tughlakabad area in South Delhi.
‘We Can Finish Anyone’s Career’: Supreme Court Pulls Up Gujarat Govt for Notifying Promotion Of District Judges During Pendency Of Plea
The Supreme Court of India took strong exception to the promotions granted to district judges in Gujarat by a government notification in March, during the pendency of a plea challenging the names recommended by the High Court.
Supreme Court Extends Stay On Trial Against Delhi CM Arvind Kejriwal Over Alleged 'Khuda Believers ' Remark
In a plea filed by Delhi Chief Minister Arvind Kejriwal, the Supreme Court, extended the interim relief of staying the trial proceedings in a 2014 case registered against him for allegedly saying "those who believe in 'Khuda' won't be pardoned by 'Khuda' if they vote for BJP" during an election campaign.
Supreme Court Seeks Union's Response On Plea Seeking Release Of 2 Uzbek Nationals From Foreigners Detention Centre
The Supreme Court asked the Additional Solicitor General, SV Raju, to seek instructions from the appropriate Ministry of the Government of India with respect to the plea seeking release of two Uzbek nationals from detention centre (Bihar Institute of Correctional Administration), who had already been granted release order by the Trial Court.
Supreme Court Dismisses Abdul Nazar Maudany's Plea To Reduce Security Expenses Claimed By Karnataka Police For His Stay In Kerala
The Supreme Court rejected the plea of 2008 Bangalore blasts case accused Abdul Nasser Maudani challenging Karnataka government's demand that he should deposit over Rs 56 lakhs to provide security cover to him during his stay in Kerala for a period of nearly three months.
The Supreme Court granted two more weeks to the Union Government to place on record its stand regarding whether the constitutional scheme of one-third reservation for women in municipal and town council elections can be violated by the Nagaland Government by repealing the Nagaland Municipal Act 2001.
In a major relief to the Chhattisgarh government, the Supreme Court of India stayed the Chhattisgarh High Court’s order declaring the state government’s move of giving 58 per cent reservation as ‘unconstitutional’.
‘Complete Waste Of Time: Supreme Court Imposes Cost On Litigant Who Filed Writ Petition After Review Was Dismissed
The Supreme Court imposed cost on a litigant who had filed a writ petition upon dismissal of his review petition to reopen his case claiming that injustice has been done to him.
Supreme Court Expresses Disinclination To Entertain Plea To Stop Release Of 'The Kerala Story' Movie
The Supreme Court expressed disinclination to consider an interlocutory application challenging the release of movie "The Kerala Story". A bench comprising Justices KM Joseph and BV Nagarathna observed that challenging the release of a movie through an interlocutory application is not an appropriate remedy.
The Central Government informed the Supreme Court that it was considering forming an expert committee to determine if the execution of death penalty through hanging was proportionate and if there were other better suited alternatives for executing the death penalty.
AIFF : Supreme Court Appoints Former Judge L Nageswara Rao For Considering Draft Constitution Of All India Football Federation
The Supreme Court appointed its former judge Justice L. Nageswara Rao to take over the process of considering the draft Constitution of the All India Football Federation (AIFF) along with all suggestions, comments, and objections made by the stakeholders to the said Constitution.
The Supreme Court dismissed the special petition filed by the Delhi Police challenging the bail granted by the Delhi High Court to student activists Devangana Kalita, Natasha Narwal and Asif Iqbal Tanha in the Delhi riots larger conspiracy case.
'We Understand You Don't Want This Bench To Hear' : Supreme Court To Convicts In Bilkis Bano Case While Adjourning Hearing Till July
The final hearing in Bilkis Bano's case could not take place in the Supreme Court as scheduled, after lawyers appearing for some of the convicts raised disputes against Bano's affidavit regarding service of notice. Bano has approached the Supreme Court challenging the decision of the Gujarat Government to allow the premature release of convicts who were sentenced to life for gang rapes and murders during the 2002 Gujarat riots.
"Malicious Propaganda" : Jamiat Ulama-I-Hind Moves Supreme Court Seeking Ban On Screening Of "The Kerala Story"
Islamic clerics organisation Jamiat Ulama-I-Hind has moved the Supreme Court seeking to ban the screening or release of the movie ‘The Kerala Story’ at theatres, OTT platforms and other such avenues on the ground that the movie is likely to cause hatred and enmity between different sections of society in India.
Supreme Court Adjourns Lakshadweep Administration's Plea Against Suspension of Conviction of MP Mohammed Faizal to May 12
The Supreme Court adjourned to May 12, the hearing in a challenge against the Kerala High Court suspending the conviction of parliamentarian Mohammed Faizal.
Supreme Court Directs To Send Sessions Judge For Training As He Was Not Following Judgments On Bail
While considering compliance of its directions in Satender Kumar Antil v. CBI, the Supreme Court from illustrative cases mentioned by the Amicus Curiae, Amicus Curiae Siddharth Luthra identified a Judge of a Sessions Court in Lucknow, who the bench felt that should be sent to the judicial academy for upgradation of his skill.
A Special Leave Petition has been filed in the Supreme Court against the Gauhati High Court’s refusal to entertain the PIL filed in 2021 seeking independent investigation of alleged fake encounters in Assam.
Despite Clarifying In Court That Surrogate Mother Need Not Be Genetically Related To Child, Centre Refuses To Issue Notification, Petitioners Claim
The Supreme Court was informed that despite issuing an important clarification to an apex court bench regarding the eligibility of a surrogate mother under the existing surrogacy laws in the country, no notification or office memorandum to that effect had been passed by the central government.
The Supreme Court Collegium on May 2 recommended the elevation of Advocate Firdosh Phiroze Pooniwalla as a judge of the Bombay High Court, overruling the objection raised by the Intelligence Bureau that his senior has written an article in 2020 expressing concerns over the state of freedom of speech and expression in the country.
After initially expressing their reluctance to share information pertaining to the remission of the 11 life convicts in the Bilkis Bano case, the Centre and the Gujarat government both did a volte-face and agreed to place the original records before the Supreme Court of India.
The Supreme Court refused to entertain writ petitions filed against the controversial movie "The Kerala Story", and granted liberty to the petitioners to move the Kerala High Court, where a similar petition is already pending.
In a significant development in the issue of same-sex marriages, the Solicitor General of India informed the Supreme Court that the Central Government is agreeable to constituting a committee to examine whether certain legal rights can be granted to same-sex couples, without legal recognition of their relationship as a "marriage".
Inclusion Of Persons With Disability In IPS, IRPFS & DANIPS : Supreme Court Seeks Details Of Entry-Level Posts, Job Profile
Considering a plea seeking the inclusion of disabled people to the IPS, DANIPS as well as IRPF, the Supreme Court asked the Centre to detail out the nature of particulars pertaining to entry-levels posts and the job profiles of persons who have been recruited into the Indian Police Service, Indian Railways Protection Force Service and Delhi, Daman & Diu, Dadra and Nagar Haveli, Andaman and Nicobar Islands and Lakshadweep Police Service.
In the petition moved by top women wrestlers of the country seeking registration of a FIR against Wrestling Federation of India (WFI) president Brij Bhushan Sharan Singh over alleged sexual harassment, the petitioners have sought permission to file an additional affidavit in a sealed cover.
Money Bill Issue : CJI DY Chandrachud Says Will Consider Forming 7-Judge Bench
Chief Justice of India DY Chandrachud orally remarked that constituting a seven-judge bench to hear the constitutional issue regarding money bills is on his mind. The remark was made upon a mentioning made by Senior Advocate AM Singhvi.
GM Mustard Case | Hearing Left Unfinished Because Of Impending Retirement Of SC Judge, Pleas Reassigned To Another Bench
A bench of the Supreme Court of India comprising Justice Dinesh Maheshwari, who is set to demit office on May 15, directed a batch of petitions seeking a ban on the commercial cultivation of indigenously developed genetically modified mustard to be placed before the chief justice to be reassigned.
'Is There No Other Competent Person?': Supreme Court Asks Centre On ED Director's Term Extension
"Is there no other competent person in the entire agency?" the Supreme Court asked Solicitor-General for India Tushar Mehta, in response to his submission that Enforcement Directorate chief Sanjay Kumar Mishra's tenure had been extended to ensure continuity in leadership ahead of the FATF peer review later this year.
Marriage Equality Petitions | Court Has To Go By Constitutional Mandate, Not Popular Morality: Supreme Court
While hearing the marriage equality petitions CJI DY Chandrachud orally remarked that the court had to go by constitutional mandate and could not act based on popular morality.
The Supreme Court dismissed the election petition which has been filed in the Madras High Court challenging the election of Dravida Munnetra Kazhakam MP Kanimozhi in the 2019 Lok Sabha polls.
CJI DY Chandrachud Says He Has Written To High Court Chief Justices On Hybrid Hearings
Chief Justice DY Chandrachud orally remarked that he was taking administrative actions to ensure access to hybrid hearings in various High Courts. The remark came upon a mentioning made by Advocate Siddharth Gupta concerning hybrid hearings.
Supreme Court Issues Notice On Bail Pleas Of Professor Shoma Sen & Jyoti Jagtap In Bhima Koregaon Case
The Supreme Court issued notice in bail pleas filed by Jyoti Jagtap and Professor Shoma Sen, accused in the Bhima Koregaon-Elgar Parishad Case under the anti-terror law, the Unlawful Activities (Prevention) Act (UAPA).
Supreme Court Closes Women Wrestlers Plea In View Of Delhi Police Registering FIRs Against WFI Head Brij Bhushan On Sexual Harassment Case
The Supreme Court closed the petition filed by three women wrestlers, who have represented the country in prestigious international events, taking note of the fact that FIRs have been registered by the Delhi Police against Wrestling Federation of India (WFI) president Brij Bhushan Sharan Singh over alleged sexual harassment.
Modalities For Timely Consideration Of Premature Release Of Prisoners In UP Need Fine Tuning : Supreme Court
In a matter concerning remission of convicts in the State of Uttar Pradesh, the Supreme Court bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala directed a meeting to be held between between the Secretary of the National Legal Services Authority (NALSA), counsels in the matter, Director General, Prisons (DGP), and Principal Secretary, Prisons to fine tune the modalities to be prescribed for ensuring the timely consideration for cases of premature release.
The Supreme Court again refused to entertain a plea against the controversial movie "The Kerala Story".
Southern Angami Public Organisation's Blockades Against Mao Tribe In Nagaland Removed: MHA Informs Supreme Court
In the matter pertaining to the infringement of freedom of movement of the Mao Community of Manipur caused by the blockade and quit notice imposed by the Southern Angami Public Organisation (SAPO) of Nagaland, Solicitor General Tushar Mehta on informed the Supreme Court that as per his instructions, the issue had been resolved.
Supreme Court Rejects Challenge To Section 62(5) RP Act Which Denies Prisoners Right To Vote
The Supreme Court refused to entertain a PIL challenging Section 62(5) of the Representation of the People Act, 1951 and seeking for right to vote for prisoners. The court noted that Section 62(5) had already been upheld by the Supreme Court on two separate occasions.
Plea Against Artificial Insemination Of Indigenous Cows Using Exotic Breeds : Supreme Court Allows Petitioners To Make Representation To Centre
In a PIL seeking directions to Centre and States to take steps for the artificial insemination of non-descript indigenous Cows using the semen from pure/descript Indigenous Breeds as opposed to 'Exotic' Foreign Breeds, the Supreme Court remarked that an appropriate remedy may be approaching the competent government departments.
Schools Fees : Supreme Court Stays Allahabad HC Order Directing Schools To Refund/Adjust 15% Fees Paid During COVID-19
The Supreme Court stayed an order of the Allahabad High Court which had directed the schools in Uttar Pradesh to refund or adjust 15% of excess fees charged during the 2020-21 academic session, amid the COVID-19 period. The schools were forced to remain shut during the pandemic.
‘Treated Like Criminals’: Adult Sex Workers Not Allowed to Leave Protective Homes in Most States, Amicus Curiae Tells Supreme Court
Adult sex workers are being treated like criminals in most states and not being allowed to leave the protective homes under the Immoral Traffic (Prevention) Act despite the Supreme Court’s directions to the contrary, amicus curiae and senior advocate Jayant Bhushan told the top court.
The Supreme Court refused to entertain a petition seeking to challenge the legality of Section 8(3) of the Representation of the People Act, 1951. Section 8(3) states that any person convicted of any offence and sentenced to imprisonment for not less than two years shall be disqualified as a Member of Parliament or a Member of a Legislative Assembly.
The Supreme Court deferred the hearing of the plea involving interpretation of Section 29A of the Representation of People’s Act, 1951 (RP Act) as to whether the Election Commission of India is empowered to de-recognise political parties formed by convicted persons.
Supreme Court Seeks Update From Centre On Sex Workers' Rehabilitation Bill
The Supreme Court orally sought an update from the Centre on the status of a proposed bill on the prevention of trafficking, and the rehabilitation of sex workers. “Once that act is enacted, many of the aspects will be taken care of.”
Supreme Court Notifies Vacation Benches [Read About Composition of Vacation Benches]
The Supreme Court of India notified the benches that will hear cases during the summer vacation commencing from May 22 to July 2. Chief Justice DY Chandrachud, in the exercise of his powers under the Supreme Court Rules, 2013, had directed that the top court will close for vacation later this month and reopen again in the first week of July.
The Supreme Court extended its interim order which directed that any application filed before any court seeking default bail on the basis of Ritu Chhabaria v. Union of India And Ors. should be deferred, till May 12, 2023.
17 Months Delay In Delivering Judgment : When Supreme Court Ignores Its Own Directions To Pronounce Verdicts Promptly
The Supreme Court on May 4 decided to set aside an order by a magistrate in Kolkata directing a police investigation into an allegation of gang rape and criminal intimidation against Bharatiya Janata Party leader Kailash Vijayvargiya and others.
The Chairman of the Hill Areas Committe (HAC) of the Manipur Legislative Assembly, Dinganglung Gangmei, has approached the Supreme Court challenging the Manipur High Court order in relation to Scheduled Tribe status for the Meetei/Meitei community as a tribe of Manipur.
Dispute Between Defendants Regarding Validity Of Sale Deed Can’t Be Considered In Suit For Possession Instituted By Plaintiff: Supreme Court
The Supreme Court bench comprises Justices M.R. Shah and C.T. Ravikumar has ruled that an inter-se dispute on the validity of the sale deed executed between the defendants in respect of the suit land, cannot be considered in the suit for possession instituted by the plaintiff on the basis of a registered sale deed executed in its favour, as it would amount to adjudication of a right or a claim by way of counter-claim by one defendant against his co-defendant, which cannot be permitted by virtue of Order VIII Rule 6A of the Code of Civil Procedure, 1908 (CPC).
