Supreme Court Weekly Round-Up (2nd- 8th Oct, 2023)

Judgments/OrdersMere Non-Cooperation To ED Summons Not A Ground For Arrest Under PMLA; ED Can't Expect Admission Of Guilt From Person Summoned: Supreme CourtCase Title: Pankaj Bansal v. Union of India, Basant Bansal v. Union of India Citation: 2023 LiveLaw (SC) 844; 2023INSC866In a significant judgment, the Supreme Court has ruled that a person cannot be arrested by the Directorate of...

Supreme Court Allows Married Woman To Abort Unplanned Pregnancy At 26 Weeks Citing Mental & Financial Reasons

UPDATE ON OCTOBER 11, AFTER UNION'S RECALL APPLICATION - Supreme Court Bench Disagrees On Abortion Of 26-Week Pregnancy Of Married Woman, Refers To Larger BenchThe Supreme Court on Monday (09.10.2023) allowed the medical termination of pregnancy of a married woman who is 26 weeks pregnant. The petitioner, who is a mother of two children, told the Apex Court she is suffering post-partum...

Customs Duty - Undervaluation Must Be Proved By Evidence Of Prices Of Contemporaneous Imports; Else Benefit Of Doubt Goes To Importer : Supreme Court

The Supreme Court has recently highlighted that the transaction value (the price actually paid or payable for the goods) should be the primary basis for customs valuation and that other valuation methods be invoked sequentially only when there is evidence to doubt the correctness of the declared transaction value. A division bench of Justice B.V Nagarathna and Justice Ujjal Bhuyan added that...

Judges' Appointment | After Supreme Court Rebuke, Centre Acts On Certain Pending Collegium Recommendations

The Supreme Court on Monday revealed that almost all of the 70 recommendations made by various high court collegiums had been forwarded by the Centre after the court's last rebuke. A bench comprising Justices Sanjay Kishan Kaul and Sudhanshu Dhulia was hearing a petition filed by the Advocates Association of Bengaluru seeking contempt action against the Union Ministry of Law and Justice for...

Supreme Court Dismisses Congress Leader's Plea Challenging ‘First Level Check’ Of EVMs, VVPATs Carried Out By Election Commission

The Supreme Court today refused to entertain a petition challenging the “First Level Check" of Electronic Voting Machines (EVMs) and Voter Verified Paper Trails (VVPATs) conducted by the Election Commission of India in July this yer at eleven district offices in Delhi for their use in the 2024 Lok Sabha polls. A bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj...

State Information Commissions Must Provide Hybrid Hearings, E-Filing; Use Of Technology No Longer An Option: Supreme Court

In a step towards utilising technology to ensure access to justice, the Supreme Court today directed all State Information Commissions (SICs) to provide for hybrid mode of hearing for complaints and appeals. The bench also directed the SICs to ensure that e-filing is streamlined for all litigants.The directions were passed by a bench comprising CJI DY Chandrachud, Justice JB Pardiwala,...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [September 1 – 10, 2023]

Citations: 2023 LiveLaw (SC) 737 To 2023 LiveLaw (SC) 762SUBJECT WISE INDEXArmyBSF Act - Even if an officer pleads guilty of misconduct, the court has to satisfy that confession is voluntary. Union of India v. Jogeshwar Swain, 2023 LiveLaw (SC) 758 : 2023 INSC 802BailBail - One cannot apply one bail order to all the other subsequent cases. (Para 8) PACL v. Central Bureau of Investigation,...

Transfer Of AFT Judge Before Hearing Contempt Case Against Defence Ministry Requires 'Close Scrutiny', Says Supreme Court

The Supreme Court on Monday(October 9) directed the Chairperson of the Principal Bench of the Armed Forces Tribunal (AFT) to file in a sealed cover, a report to the Registrar General of Supreme Court, indicating the circumstances under which he had passed an order of transfer of Justice DC Chaudhary from the regional bench of AFT in Chandigarh to regional bench of AFT in Calcutta.It may...

UPSC Civil Service Exam - Candidates Can't Claim EWS Quota If Certificates Aren't Uploaded In Prescribed Format Before Cut Off Date: Supreme Court

The Supreme Court on Monday (October 9) dismissed three writ petitions filed by certain civil service aspirants challenging the decision of the Union Public Service Commission to treat them as general category candidates for not submitting the certificates regarding Economically Weaker Section (EWS) category in the prescribed format before the prescribed cut off date for the 2022 Civil...

Explainer : Issues In 9-Judge Bench Matters Which Supreme Court Will Hear Soon

On October 12, 2023, the Supreme Court is gearing up for a significant day as a bench presided by CJI DY Chandrachud will be heading for completion of pre-hearing steps in four longstanding nine-judge bench matters. All these matters have lingered on the legal horizon for quite an extended period, some even dating back to a decade or two. These matters cover a variety of important...

Any Loss Caused To State Corporation Is Loss To Public Exchequer: Supreme Court Directs Lessee To Pay Conversion Charges To KSEDCL

The Supreme Court has held that any loss caused to an undertaking or corporation which is fully owned by the State, is a loss caused to the Public Exchequer. “There is no denying the fact that the appellant is a fully owned Undertaking/ Corporation of the State of Karnataka. Any loss suffered by it would be a loss to the Public Exchequer. The respondent, on the other hand, has shifted...

Supreme Court Monthly Digest August 2023

SUBJECT WISE INDEXAbkari ActPerson receiving information of crime or detecting the occurrence can investigate it. Sathyan v. State of Kerala, 2023 LiveLaw (SC) 627 : 2023 INSC 703Abortion Woman alone has the right over her body; she's the ultimate decision maker on abortion. XYZ v. State of Gujarat, 2023 LiveLaw (SC) 680‘Forcing woman to have child born out of rape against...