The Complete Supreme Court Annual Digest- 2023 [Part-V]

Collegium Centre must stop 'pick & choose' approach to collegium proposals : Supreme Court deprecates 'selective' appointments of Judges. Advocates Association Bengaluru v. Barun Mitra, 2023 LiveLaw (SC) 985 Community Certificate A community certificate in cases of scheduled tribe communities, unlike any other piece of paper, is an acknowledgment of a person belonging to a community which has faced years of oppression. The Constitution of India guarantees certain rights to people from Scheduled Tribe communities on grounds of historical injustice, and for the translation of such rights from paper to real life, the community certificate in most cases becomes an essential document. This certificate, whilst being an acknowledgment of history, is also a document that tries to rectify such historical injustice by becoming a tool that fabricates constitutional rights into reality. In such a scenario where the validity of a community certificate is put to question, keeping in mind the importance of the document and the effect it has on people's rights, the proceedings questioning the document cannot, except in the most exceptional circumstances, be done ex-parte. (Para 22) R. Sundaram v. Tamilnadu State Level Scrutiny Committee, 2023 LiveLaw (SC) 207 : (2023) 2 SCR 1037 Affinity test is not a litmus test to decide a caste claim and is not an essential part in the process of the determination of correctness of a caste or tribe claim in every case - Affinity test cannot be conclusive either way. When an affinity test is conducted by the Vigilance Cell, the result of the test along with all other material on record having probative value will have to be taken into consideration by the Scrutiny Committee for deciding the caste validity claim. Mah. Adiwasi Thakur Jamat Swarakshan Samiti v. State of Maharashtra, 2023 LiveLaw (SC) 241 : AIR 2023 SC 1657 Affinity test not essential to determine correctness of caste/tribe claim. Mah. Adiwasi Thakur Jamat Swarakshan Samiti v. State of Maharashtra, 2023 LiveLaw (SC) 241 : AIR 2023 SC 1657 Community Certificate verification must be completed expeditiously; shouldn't be cancelled ex-parte except in most exceptional circumstances. R. Sundaram v. Tamilnadu State Level Scrutiny Committee, 2023 LiveLaw (SC) 207 : (2023) 2 SCR 1037 Court is appalled at the treatment given to the Appellant by the Respondents herein. The Appellant, before applying to the post reserved for ST candidates supplied all documents required in support of his claim as a ST candidate, and got the documents verified and approved. After being given employment however, the re-evaluation of the authenticity of the documents of the Appellant have been kept pending for 19 years, dangling like a sword on the Appellants head. (Para 13) R. Sundaram v. Tamilnadu State Level Scrutiny Committee, 2023 LiveLaw (SC) 207 : (2023) 2 SCR 1037 Community Certificate - The exercise of verification of community certificate must be completed expeditiously. (Para 16) R. Sundaram v. Tamilnadu State Level Scrutiny Committee, 2023 LiveLaw (SC) 207 : (2023) 2 SCR 1037 Company Law Companies Act - Decision to allot additional shares cannot be set aside merely because promoters have also benefited. Hasmukhlal Madhavlal Patel v. Ambika Food Products Pvt Ltd., 2023 LiveLaw (SC) 490 : AIR 2023 SC 2977 Section 140(5) Companies Act 2013 is constitutional; resignation of auditor won't end proceedings under Sec 140(5). Union of India v. Deloitte Haskins and Sells LLP, 2023 LiveLaw (SC) 388 : AIR 2023 SC 2576 No priority for workers' dues after liquidation of company under IBC: Supreme Court upholds Section 327(7) of Companies Act 2013. Moser Baer Karamchari Union v. Union of India, 2023 LiveLaw (SC) 386 Supreme Court allows disbursal of Rs 5000 Crores from “SEBI-Sahara Fund” to depositors; Former SC Judge to monitor disbursement. Pinak Pani Mohanty vs Union of India, 2023 LiveLaw (SC) 255 Fees paid by director does not attract exemption under Clause 4 of Schedule III of Sebi Stock Broker Regulations. GPSK Capital Pvt. Ltd. (Formerly Mantri Finance Ltd.) v. Securities and Exchange Board of India, 2023 LiveLaw (SC) 222 : (2023) 2 SCR 737 Rehabilitation scheme under SICA binds all creditors; dues can't be recovered post revival of sick company. Modi Rubber Ltd. v. Continental Carbon India Ltd; 2023 LiveLaw (SC) 208 Adani-Hindenburg Issue: Supreme Court directs SEBI to conclude investigation in 2 months, constitutes expert committee to review regulatory framework. Vishal Tiwari v. Union of India, 2023 LiveLaw (SC) 160 : AIR 2023 SC 1196 : (2023) 4 SCC 332 : (2023) 2 SCR 951 Adani-Hindenburg : Know the members of the expert committee constituted by the Supreme Court to review regulatory mechanism. Vishal Tiwari v. Union of India, 2023 LiveLaw (SC) 160 : AIR 2023 SC 1196 : (2023) 4 SCC 332 : (2023) 2 SCR 951 ...

The Complete Supreme Court Annual Digest- 2023 [Part-V]

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