Supreme Court Monthly Digest June 2023

SUBJECT WISE INDEXAdvocateBar Council of India can prescribe that only graduates from recognized law colleges can enrol as advocates. Bar Council of India v. Rabi Sahu, 2023 LiveLaw (SC) 481BailBail - Condition to furnish bank guarantee for granting bail is unsustainable in law. Karandeep Singh v. CBI, 2023 LiveLaw (SC) 482Company LawCompanies 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) 490Competition Competition Act applicable to Coal India Ltd. Coal India Ltd v. Competition Commission of India, 2023 LiveLaw (SC) 484Consumer LawRailways not liable for theft of passenger's belongings - the theft of personal belongings of a Passenger is not “deficiency of service” by Railways. If the passenger is not able to protect his own belongings, the Railways cannot be held responsible. The Supreme court set aside orders passed by Consumer forum whereby Railways was directed to reimburse the stolen amount of cash to the Passenger. Station Superintendent v. Surender Bhola, 2023 LiveLaw (SC) 487Corruption Approver need not be examined as witness by magistrate when cognizance is taken by Special Court under PC Act. A. Srinivasulu v. State of Rep. by the Inspector of Police, 2023 LiveLaw (SC) 485Criminal LawSection 197 Cr.P.C. - Sanction required even for acts done in excess of official duty. A. Srinivasulu v. State of Rep. by the Inspector of Police, 2023 LiveLaw (SC) 485Section 319 Cr.P.C. - Person not named in the FIR can be added as accused if there's sufficient evidence of his involvement. Jitendra Nath Mishra v. State of U.P., 2023 LiveLaw (SC) 480Judicial ServicePetitioner, a retired Judicial Officer, stood retired from service on 31.07.2021 and chargesheet was served on 11/16.10.2021 and this is for the period when the petitioner served as a Registrar from 28.06.2012 to 03.10.2015, and that it is indisputedly beyond the period of four years of such institution - Chargesheet served on the petitioner dated 11/16.10.2021 is in clear breach of the mandate of Rule 7 of Rules 1992 - the chargesheet dated 11/16.10.2021 and other consequential departmental proceedings initiated against the petitioner stand quashed - the judicial officer was entitled to all retirement benefits. Suchismita Mishra v. High Court of Orissa, 2023 LiveLaw (SC) 477Murder TrialSupreme Court acquits father-son duo in a 27 years old murder case by according benefit of doubt. Mohd. Muslim v State of Uttar Pradesh, 2023 LiveLaw (SC) 489PartitionFindings relating to title in a simple suit for partition cannot bind third parties. Trinity Infraventures Ltd. v. M.S. Murthy, 2023 LiveLaw (SC) 488PoliceSupreme Court says Punjab Police Rules outdated in terms of current hierarchy of police force; directs remedial measures. Aish Mohammed v. State of Haryana, 2023 LiveLaw (SC) 483PropertyThough agreement to sell does not confer title, possessory right of prospective purchaser protected under Sec 53A TP Act. Ghanshyam v. Yogendra Rathi, 2023 LiveLaw (SC) 479Will (before death of the testator) or General Power of Attorney (GPA) cannot confer title in immovable property. Ghanshyam v. Yogendra Rathi, 2023 LiveLaw (SC) 479Service LawJudicial review cannot be exercised to re-appreciate evidence in departmental enquiry proceedings. A Constitutional Court, while exercising its power of judicial review, cannot decide the case as if it is the first stage of the case, as if inquiry is still being conducted and an inquiry report is being prepared. Evidence cannot be re-appreciated at the stage of judicial review in a disciplinary proceeding as if conviction in a criminal trial is being re-examined by the next higher court. Indian Oil Corporation v. Ajit Kumar Singh, 2023 LiveLaw (SC) 478WillA Will has no force during the life of the executant – a Will comes into effect only after the death of the executant. Ghanshyam v. Yogendra Rathi, 2023 LiveLaw (SC) 479Workman'Uncontested claim of wife regarding husband's income be taken as gospel truth' : Supreme Court increases compensation for deceased workman. Mamta Devi v. Reliance General Insurance Company Ltd., 2023 LiveLaw (SC) 486STATUTE WISE INDEXAdvocates Act, 1961 - Bar Council of India can prescribe that only graduates from recognized law colleges can enrol as advocates. The rule framed by BCI requiring a candidate for enrolment as an Advocate to have completed his law course from a college recognized/ approved by BCI cannot be said to be invalid. Bar Council of India v. Rabi Sahu, 2023 LiveLaw (SC) 481Civil Service (Pension) Rules, 1992 (Odisha); Rule 7 - Right of Government to Withhold or Withdraw Pension - In reference to the officer/employee, who stood retired from service, inquiry indeed can be initiated against him/her, provided sanction is obtained from the Government and must be during the period of 4 years before such institution and the Explanation added to the scheme of...

Supreme Court Monthly Digest June 2023

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