Supreme Court Half Yearly Digest 2023, Administrative Law

A notification which is not in compliance with clause (1) of Article 77 is not invalid, unconstitutional or non-est for that reason alone. Rather, the irrebuttable presumption that the notification was issued by the President of India (acting for the Union Government) is no longer available to the Union Government. The notification continues to be valid and it is open to the Union Government...

Threatening A Person To Withdraw FIR/Complaint Or Settle Dispute Will Not Attract Offence Under Section 195A IPC : Supreme Court

The Supreme Court observed that threatening a person to withdraw a complaint or FIR or settle the dispute would not attract Section 195A of the Indian Penal Code. The later part of Section 195A makes it very clear that false evidence means false evidence before the Court of law, the bench of Justices B R Gavai and J B Pardiwala observed.In this case, the allegation in FIR is that the...

Supreme Court To Hear Curative Petition Against Judgment That Arbitration Clause In Insufficiently Stamped Agreement Cannot Be Acted Upon

The Supreme Court recently listed a curative petition against its 2020 ruling that had held that an arbitration clause in an insufficiently stamped agreement cannot be acted upon by court, for open court hearing on 24th August 2023. A bench comprising of Chief Justice DY Chandrachud, Justice Sanjay Kishan Kaul, Justice Sanjiv Khanna, Justice B R Gavai and Justice Surya Kant issued notice in...

Sanctity Of Test Identification Parade Doubtful If Accused Are Already Shown To Witnesses In Police Station : Supreme Court

The Supreme Court reiterated the principles for proof of a case based on circumstantial evidence. It emphasized that the circumstances “must/should be” and not “maybe” established and set aside the conviction and life sentence awarded to 3 persons accused of murder by the Delhi High Court in 2014.The bench comprising Justices BR Gavai and Justice Prashant Kumar Mishra was hearing...

Insurance Companies Must Deal In A Bonafide & Fair Manner ; Should Not Just Care For Its Own Profits : Supreme Court

The Supreme Court observed that an insurance is expected to deal with the insured in a bonafide and fair manner and should not just care for and cater to its own profits.It is the duty of the insurance company to disclose all material facts within their knowledge since the obligation of good faith applies to both equally, the bench of Justices AS Bopanna and Sanjay Kumar observed.In this...

S 482 CrPC - High Court Can Try To Read In Between The Lines While Considering Plea To Quash FIR : Supreme Court

The Supreme Court observed that, a High Court, while considering a petition seeking quashing of FIR/Criminal Proceedings under Section 482 CrPC, is empowered to take into account the overall circumstances leading to the initiation/registration of the case as well as the materials collected in the course of investigation."In frivolous or vexatious proceedings, the Court owes a duty to look...

Kuno Cheetah Deaths| Supreme Court Requests Centre To Take Into Consideration Suggestions Of Expert Committee In 'Right Earnest'

The Supreme Court on Monday closed the plea regarding the deaths of Cheetahs translocated to Madhya Pradesh’s Kuno National Park from the African continent, taking on record the submission of the Centre that all the members on the Consulting Panel of Cheetah Project Steering Committee are being consulted to carry on the project in a proper manner and to ensure further deaths are...

Though Nationalised Bank Employee Is 'Public Servant', Protection Under Section 197 CrPC Not Available : Supreme Court

The Supreme Court has observed that the protection of Section 197 CrPC is not available to a person working in a Nationalised Bank.Section 197 CrPC is attracted only in cases where the public servant is such who is not removable from his service save by or with the sanction of the Government, the bench of Justices B R Gavai and J B Pardiwala said.In this case, the accused was serving as...

Supreme Court Stays Kerala HC Order That Quashed FIR Against Former DGP Jacob Thomas In The Dredger Scam Case

The Supreme Court on Tuesday stayed the 2021 Kerala High Court Judgment that had quashed the First Information Report (FIR) against Dr. Jacob Thomas, Former Director General of Police of Kerala in the dredger scam case in which he has been accused of engaging in tender rigging.The FIR was stayed by a division bench of Justice Abhay S. Oka and Justice Sanjay Karol. In February 2022, the...

BREAKING| Plea In Supreme Court Seeks Action Against Calls Made For Social & Economic Boycott Of Muslims

A plea has been moved in the Supreme Court seeking action against the calls made by several groups, following Nuh-Gurugram communal violence, for the social and economic boycott of Muslims.Senior Advocate Kapil Sibal mentioned the matter before Chief Justice of India DY Chandrachud when the Constitution Bench hearing the Article 370 case was about to break for lunch.Seeking urgent hearing of...

UPSC Civil Service Exam : Supreme Court Issues Notice On Plea By 3 Candidates Who Were Denied EWS Reservation Due To Error In Certificate

The Supreme Court on Monday issued notice on a petition filed 3 civil service aspirants who contended that they were denied reservation under the Economically Weaker Section (EWS) category due to a clerical error made in the Certificate by the competent authority. The petitioners said that they were not selected in the Civil Services Examination conducted by the Union Public Services...

15 Days Police Custody Meant To Be Applied To Entire Period Of Investigation As A Whole : Supreme Court Doubts 1992 Precedent

In the Senthil Balaji case, the Supreme Court has questioned the interpretation given by the 1992 judgment in CBI v. Anupam J. Kulkarni that the police or investigating agency can't seek custody of the accused after the first 15 days from the arrest.Earlier this year, in April, another 2-judge bench of the Supreme Court in CBI v.Vikas Mishra had also doubted the Anupam Kulkarni dictum...