Supreme Court Weekly Digest With Subject /Statute Wise Index [April 1 to 13]

SUPREME COURT WEEKLY DIGEST APRIL 2024 PART 1 (APRIL 1 - 13, 2024)Citations 2024 LiveLaw (SC) 269 to 2024 LiveLaw (SC) 290Abuse of Process of Law Abuse of process of law – Collusion between parties in tender process – Held, respondent no. 1 in collusion with respondent no. 2, had misused the process of law for covering up the irregularities and illegalities committed in the tender process. The division bench of High Court failed to notice the ill-intention of the respondent nos. 1 and 2 and via the impugned order, permitted respondent no. 2 to execute the project even though the tender was already withdrawn by the respondent no.1 (HIMUDA) in view of the report made by the independent Committee (constituted by the High Court) confirming gross irregularities and illegalities committed by the officers of respondent no. 1. Held, the impugned order having been passed without proper application of mind and without assigning any cogent reason for brushing aside the findings of Independent Committee and observations of Single Bench, deserves to be quashed and set aside. Respondent no.1 shall be at liberty to initiate a fresh tender process in accordance with law and after following the due process of law. (Para 12 & 13) Level 9 Biz Pvt. Ltd. v. Himachal Pradesh Housing and Urban Development Authority, 2024 LiveLaw (SC) 275Administrative LawSupreme Court delivers split verdict on appointment of Shiksha Karmi's in Madhya Pradesh. Krishnadatt Awasthy v. State of M.P., 2024 LiveLaw (SC) 279AdvocateAfter the change of power from one political party to another, the States/Union Territories are changing their panel of Advocates appearing in this Court. Therefore, this Court is required to grant adjournments from time to time on the ground of change. It is true that the States/Union Territories have power to change their empanelled Advocates, but while doing so, they must ensure that the Court's functioning is not adversely affected. Therefore, it will be appropriate if the States/Union Territories while changing the panel of Advocates continue the old panel for at least 06 weeks so that the Courts are not forced to grant adjournments. Sachin Kumar v. State of Uttarakhand, 2024 LiveLaw (SC) 270BailCriminal Law – Bail application – No specific prayer for bail in appeal petition – Held, the plea for bail in the context of the present appeal is implicit. Since the appeal, in substance, is against the judgment by which prayer for bail was refused, merely based on the manner of framing of reliefs or prayers in the subject-petition, the actual relief sought by the appellant would not stand eclipsed. (Para 16) Shoma Kanti Sen v. State of Maharashtra, 2024 LiveLaw (SC) 280Caste CertificateIn cases where the scrutiny committee has decided the validation of the caste claim, the Courts should refrain from interfering unless the committee's decision suffers from any perversity. Navneet Kaur Harbhajansing Kundles v. State of Maharashtra, 2024 LiveLaw (SC) 278Code of Criminal Procedure, 1973Section 294 – No formal proof of certain documents – The essential ingredient of Section 294(1) of the Cr.PC is that when any document is produced by the prosecution or the accused, the parties shall be called upon to admit or deny the genuineness of each such document. In this case, it is nobody's case that the appellant-accused was called upon to admit or deny the genuineness of the WhatsApp chats. (Para 21) Pankaj Singh v. State of Haryana, 2024 LiveLaw (SC) 274Criminal procedure Code 1973; Section 439 and National Investigation Agency Act, 2008; Section 21(2) – Jurisdiction of High Court to entertain Bail application – The jurisdiction of the High Court to consider the question of bail is coordinate with that of the Sessions Court and it has evolved as a matter of practice that an accused seeking bail ought to approach the Sessions Court before approaching the High Court. Further, the High Court adopted proper course while exercising jurisdiction under Section 439 of the 1973 Code to refer the matter to a Division Bench to decide the bail plea in accordance with Section 21(2) of the 2008 Act. (Para 12) Shoma Kanti Sen v. State of Maharashtra, 2024 LiveLaw (SC) 280Section 451 – Custody and disposal of the property pending an inquiry or trial – When any property is produced before any criminal court during the course of inquiry or trial, it is the criminal court which would have the jurisdiction and the power to pass appropriate orders for the proper custody of such property or for selling or disposing of such property. The appellant without approaching the concerned court under Section 451 of CrPC, directly approached the High Court under Article 226/227 of the Constitution of India. Held, when there is a specific statutory provision contained in the CrPC. empowering the criminal court to pass appropriate order for the proper custody and disposal of the property pending the inquiry or trial, the appellant could not have invoked the...

Supreme Court Weekly Digest With Subject /Statute Wise Index [April 1 to 13]

LIVELAW NEWS NETWORK

Tags