100 Important Supreme Court Judgments Of 2023 -Part 2[26-50]

As is the annual tradition, LiveLaw brings to you the list of 100 important Supreme Court judgments of the current year - a much awaited article by our dear readers.The judgments are selected based on the following criteria - (i) importance to the general public; (ii) settlement of a contested position of law; (iii) utility for practising lawyers, judges and students.A disclaimer is added here that the judgments included in the list are not necessarily good or the best judgments; some of them are controversial and regarding some others, there are strong counter-views. Yet, these judgments are worthy of being noted and discussed upon, considering their general importance and impact on litigation and general socio-political arena. Hence, the inclusion in this list. The judgments are arranged in the chronological order. The reports about the judgments are hyperlinked at the case description.The list of 100 judgments will be published in four parts and this is the second part. Part 1 can be read here. Part 3 can be found here. Part 4 can be found here.26. High Courts Can Entertain Challenges To Orders Passed By Armed Forces Tribunal : Supreme Court Overrules Its JudgmentCase Title: Union of India And Ors. v. Parashotam Dass |Civil Appeal No. 447 of 2023| 21st March, 2013Citation: 2023 LiveLaw (SC) 224The Supreme Court overruled its decision in Union of India And Ors. v. Major General Shri Kant Sharma And Anr. which barred the exercise of jurisdiction under Article 226 of the Constitution of India in cases assailing orders passed by the Armed Forces Tribunal.27. Banks Must Give Opportunity Of Hearing To Borrowers Before Classifying Their Accounts As Fraud : Supreme CourtCase Title : State Bank of India vs Rajesh Agarwal and connected casesCitation : 2023 LiveLaw (SC) 243In a significant verdict, the Supreme Court held that borrowers must be heard before their accounts are classified as fraud. The Court held that the principles of "audi alteram partem" must be read into the Circular issued by the Reserve Bank of India on the classification of bank accounts as fraud accounts.28. Day Of Remand Should Be Included For Considering Default Bail Claim : Supreme Court Answers ReferenceCase Title : Enforcement Directorate v. Kapil WadhawanCitation. : 2023 LiveLaw (SC) 249Answering a reference on a significant point of law, the Supreme Court has held that the day of remand is to be included for considering for considering a claim for default bail.29. Supreme Court Releases Death Row Prisoner After 28 Years On Finding Him To Be A Juvenile At The Time Of OffenceCase Title: Narayan Chetanram Chaudhary v. State of Maharashtra |Criminal Miscellaneous Petition No. 157324 of 2018 in Review Petition (Criminal) Nos. 1139-1140 of 2000 in Criminal Appeal Nos. 25-26 of 2000Citation : 2023 LiveLaw (SC) 244The Supreme Court released a death row convict upon finding that even though he was a juvenile at the time of the commission of the offence he was tried as an adult and was sentenced to death.30. 'Open Ballot System In Rajya Sabha Elections Necessitated To Prevent Cross-Voting' : Supreme Court Rejects Challenge To Election RulesCase Title: Lok Prahari v. UoI And Ors. WP(C) No. 1141/2020 PILCitation : 2023 LiveLaw (SC) 254The Supreme Court dismissed a PIL which challenged the open ballot system for Rajya Sabha elections. A bench comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala was considering a petition filed by the NGO Lol Prahari challenging Rule 39AA of the Conduct of the Election Rules 1961.31. Plain & Literal Interpretation Of Section 37 NDPS Act Would Make Bail Impossible: Supreme Court Adopts 'Prima Facie' TestCase Title: Mohd. Muslim v. State (NCT of Delhi) | Special Leave Petition (Criminal) No. 915 of 2023Citation : 2023 LiveLaw (SC) 260The Supreme Court of India, while enlarging on bail an undertrial prisoner who was arrested seven years ago under the Narcotic Drugs and Psychotropic Substances Act, 1985 for his alleged involvement in peddling a prohibited substance, observed that a plain and literal interpretation of the rigorous conditions under Section 37 would make granting of bail impossible32. 'SCBA Cannot Assert Right Over Entire Land Allotted To SC' : Supreme Court Refuses To Consider Association's Plea On Judicial SideCase Title: SCBA v. Ministry of Urban Development And Ors. WP(C)No. 640/2022Citation : 2023 LiveLaw (SC) 236The Supreme Court held that it cannot consider on the judicial side the plea of the Supreme Court Bar Association to convert the entirety of 1.33 acres of the land allotted to the Top Court by the Central Government as space for lawyers' chambers.33. Mere Membership Of Unlawful Organization Is UAPA Offence : Supreme Court Overrules 2011 PrecedentsCase Title : Arup Bhuyan vs State of AssamCitation : 2023 LiveLaw (SC) 234In a significant verdict, the Supreme Court on Friday overruled its 2011 judgments in Arup Bhuyan vs State of Assam, Indra Das vs...

100 Important Supreme Court Judgments Of 2023 -Part 2[26-50]

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100 Important Supreme Court Judgments Of 2023 -Part 2[26-50]

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