Supreme Court Monthly Digest July 2023

SUBJECT WISE INDEXAdvocateSupreme Court 'shocked' to see lawyer filing Article 32 petition against state to recover legal fees. Vijay Kumar Shukla v. State of U.P., 2023 LiveLaw (SC) 523Armed Forces'Discipline is a non-negotiable condition of service in Armed Forces': Supreme Court dismisses appeal of suspended army driver who overstayed leave. Ex Sepoy Madan Prasad v. Union of India, 2023 LiveLaw (SC) 580 : 2023 INSC 656BailSupreme Court grants bail to Vernon Gonsalves and Arun Ferreira in Bhima Koregaon case. Vernon v. State of Maharashtra, 2023 LiveLaw (SC) 575 : 2023 INSC 655Cannot grant interim protection to accused while rejecting anticipatory bail plea : Supreme Court 'amazed' at HC's self-contradictory order. State of Uttar Pradesh v. Mohd. Afzal, 2023 LiveLaw (SC) 566'Bail orders must be backed by reasons considering vital aspects': Supreme Court sets aside 'casual & cryptical' HC order. Rohit Bishnoi v. State of Rajasthan, 2023 LiveLaw (SC) 560 : 2023 INSC 642Supreme 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 637Anticipatory Bail - Personal liberty is important, but courts must also consider the gravity of offence & impact on society. Pratibha Manchanda v. State of Haryana, 2023 LiveLaw (SC) 514 : 2023 INSC 612CantonmentNo legal right to seek de-sealing of property by cantonment board, when building plan not been sanctioned. Ram Kishan v. Manish Kumar, 2023 LiveLaw (SC) 568 : 2023 INSC 640Central ExciseSelf-assessment of assessee not rendered malafide merely because it was based on a CETSTAT view which was later overturned. Commissioner, Central Excise and Customs v. Reliance Industries Ltd., 2023 LiveLaw (SC) 512 : 2023 INSC 591ChequeNI 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) 537Cinema'Everybody is getting touchy about everything now, tolerance for films, books going down': Supreme Court dismisses plea against 'Adipurush' movie. Mamta Rani v. Union of India, 2023 LiveLaw (SC) 559Civil LawNon-Participation in a proceeding of a restitution of conjugal rights has civil consequences. Poonam Anjur Pawar vs Ankur Ashokbhai Pawar, 2023 LiveLaw (SC) 579Substantial questions of law not required to be formulated in second appeals arising out of States of Punjab & Haryana. Gurbachan Singh v. Gurcharan Singh, 2023 LiveLaw (SC) 562 : 2023 INSC 639Concealment of material facts from the Court - A litigant can be nonsuited in case he is found guilty of concealing material facts from the court or misstating the same. (Para 54) State of Orissa v. Laxmi Narayan Das, 2023 LiveLaw (SC) 527 : 2023 INSC 619Revenue Dept can't recover refunded cess amount because refund was based on a judgment which was later overruled. Commissioner of CGST and Central Excise (J&K) v. Saraswati Agro Chemicals Pvt. Ltd., 2023 LiveLaw (SC) 522Order VII Rule 11 CPC - Appropriateness of prayer sought is not an issue to be considered while deciding application seeking rejection of plaint. Sajjan Singh v. Jasvir Kaur, 2023 LiveLaw (SC) 517Dispute on apportionment of compensation can only be determined by 'principal civil court of original jurisdiction'. Vinod Kumar v. District Magistrate Mau, 2023 LiveLaw (SC) 511 : 2023 INSC 606Error which has to be detected by a long-drawn process of reasoning is not an 'error apparent on the face of record' for review. Arun Dev Upadhyaya v. Integrated Sales Service Ltd., 2023 LiveLaw (SC) 506 : 2023 INSC 610Order 41 Rule 22 CPC - Cross objections have all trappings of regular appeal; must be considered in full. Dheeraj Singh v. Greater Noida Industrial Development Authority, 2023 LiveLaw (SC) 493 : 2023 INSC 594COFEPOSA SLP challenging report of advisory board/opinion of board not maintainable. Union of India v. Dharanessh Raji Shetty, 2023 LiveLaw (SC) 547ConstitutionArticle 136 | SLP against NCDRC's order passed in exercise of its appellate/revisional jurisdiction cannot be entertained. Universal Sompo General Insurance Co. Ltd. v. Suresh Chand Jain, 2023 LiveLaw (SC) 567 : 2023 INSC 649Paradoxically, the right to vote isn't a fundamental right though democracy is an essential feature of the constitution. Bhim Rao Baswanth Rao Patil v. K. Madan Mohan Rao, 2023 LiveLaw (SC) 563 : 2023 INSC 641Supreme 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,...

Supreme Court Monthly Digest July 2023

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