Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [July 17 – 23, 2023]

SUBJECT WISE INDEXBailSupreme Court grants bail to Teesta Setalvad; calls Gujarat HC observations 'perverse', 'contradictory'. Teesta Atul Setalvad v. State of Gujarat, 2023 LiveLaw (SC) 554 : 2023 INSC 637ChequeNI Act | In cheque dishonour case, interim compensation can be ordered to be paid only after the accused pleads not guilty. Pawan Bhasin v. State of U.P., 2023 LiveLaw (SC) 537COFEPOSA SLP challenging report of advisory board/opinion of board not maintainable. Union of India v. Dharanessh Raji Shetty, 2023 LiveLaw (SC) 547ConstitutionSupreme Court dismisses PIL seeking inclusion of Rajasthani language in eighth schedule. Ripudaman Singh v. Union of India, 2023 LiveLaw (SC) 556Can parliamentary law under Article 239AA(7) alter constitutional powers of Delhi govt? issue referred to the Supreme Court constitution bench. Government of National Capital Territory of Delhi v. Union of India, 2023 LiveLaw (SC) 551 : 2023 INSC 635Supreme Court refers to Constitution Bench Delhi Govt's plea challenging centre's services ordinance. Government of National Capital Territory of Delhi v. Union of India, 2023 LiveLaw (SC) 551 : 2023 INSC 635Cow SlaughterProhibition of cow slaughter to be decided by legislature, court can't compel law making. Mathala Chandrapati Rao v Union of India, 2023 LiveLaw (SC) 535Criminal LawModality proposed by Calcutta High Court to CBI for filing appeals not a mandate. Central Bureau of Investigations v. S.R. Ramamani, 2023 LiveLaw (SC) 558Accused not filing a petition to quash FIR / Chargesheet has no relevance in deciding bail application. Teesta Atul Setalvad v. State of Gujarat, 2023 LiveLaw (SC) 554 : 2023 INSC 637Teesta Setalvad case | 'What investigation was done in 24 hours? What was the State doing for 20 yrs?' : questions by Supreme Court to Gujarat Police. Teesta Atul Setalvad v. State of Gujarat, 2023 LiveLaw (SC) 554 : 2023 INSC 637'Guilty Intention' vs 'Guilty Knowledge' : Supreme Court explains fine distinction between two parts of Section 304 IPC. Anbazhagan v. State, 2023 LiveLaw (SC) 550 : 2023 INSC 632'No Overt Act' : Supreme Court set aside conviction under Section 323 r/w 34 IPC. Boini Mahipal v. State of Telangana, 2023 LiveLaw (SC) 546 : 2023 INSC 627Supreme Court upholds acquittal of three policemen in 36 year old murder case; dismisses CBI's appeal. Central Bureau of Investigation v. Shyam Bihari, 2023 LiveLaw (SC) 542 : 2023 INSC 623Death by accidental firing : Supreme Court converts conviction of cop from Section 302 to Section 304A IPC. Arvind Kumar v. State, NCT of Delhi, 2023 LiveLaw (SC) 539 : 2023 INSC 622Cryptic OrderThe judgment and order of the High Court appears a bit cryptic but that by itself need not be a ground to set aside the order and remit the matter to the High Court, particularly, when there is relevant record to assess the merit of the prosecution case. More so, because the incident is of the year 1987 and the appeal 2 has remained pending since more than a decade. In such circumstances, if we remit the matter to the High Court only to rewrite the judgment, it would be travesty of justice. (Para 26) Central Bureau of Investigation v. Shyam Bihari, 2023 LiveLaw (SC) 542 : 2023 INSC 623DisabilitySupreme Court directs states to appoint chief commissioners, frame rules under Rights Of Persons With Disabilities Act 2016. Seema Girija v. Union of India, 2023 LiveLaw (SC) 545DiscriminationAllegation of alleged discriminatory treatment to the candidates belonging to north and Hindi speaking States, in the matter of appointment as faculty members in IITs, is totally vague, evasive and without any supporting material. The petitioner has made sweeping allegations that several IIT students have committed suicide due to harassment caused by the professors in IITs. Such an absurd plea appears to have been taken on the basis of some news reports. The writ petition is wholly misconceived and misdirected. (Para 4, 5) Dr. Sachchida Nand Pandey v. Union of India, 2023 LiveLaw (SC) 544Government Officers Govt Officers should not be summoned to court 'at the drop of a hat'. State of Bihar v. Ghanshyam Prasad Singh, 2023 LiveLaw (SC) 548InsolvencyIBC overrides electricity act; dues to secured creditors at higher footing than electricity dues. Paschimanchal Vidyut Vitran Nigam Ltd. v. Raman Ispat Pvt. Ltd., 2023 LiveLaw (SC) 534 : 2023 INSC 625Interpretation of StatutesWhen an enactment uses two different expressions, they cannot be construed as having the same meaning. (Para 51) Paschimanchal Vidyut Vitran Nigam Ltd. v. Raman Ispat Pvt. Ltd., 2023 LiveLaw (SC) 534Judicial ServiceThe Supreme Court upheld the order of the Tripura High Court that directed the State Government to pay former judge of the Gauhati High Court, Justice Alok Baran Pal who retired as the Chairman of the National Security Advisory Board to be paid remuneration at the rate of the salary of a High Court judge minus the pension during the period he held the sole post as Chairman of the Board....

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [July 17 – 23, 2023]

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