Supreme Court Weekly Digest With Subject-Wise, Statute-Wise Index & Nominal Index [October 9 – 15, 2023]

Citations: 2023 LiveLaw (SC) 864 To 2023 LiveLaw (SC) 894SUBJECT WISE INDEXAbortionFoetus has no separate identity from its mother; Women can't be forced to undergo pregnancy at risk of physical and mental trauma. In the matter of Union of India, 2023 LiveLaw (SC) 881AdvocateAbsence of Advocate - The order sheet of that date records that the advocate for the appellant was absent. It also notes that the arguments were heard, and judgment was reserved. The impugned judgment does not refer to any submission canvassed on behalf of the appellant. The High Court has, thus, committed illegality by deciding the appeal against the conviction preferred by the appellant without hearing the appellant or his advocate. After finding that the advocate appointed by the appellant was absent, the High Court ought to have appointed a lawyer to espouse his cause. (Para 11) Chandra Pratap Singh v. State of M.P., 2023 LiveLaw (SC) 870 : 2023 INSC 887Advocates cannot claim right of legal representation under Industrial Disputes Act: Supreme Court answers reference. ThyssenKrupp Industries India Pvt. Ltd. v. Suresh Maruti Chougule, 2023 LiveLaw (SC) 868AcquiescenceAcquiescence would mean a tacit or passive acceptance. It is implied and reluctant consent to an act. In other words, such an action would qualify a passive assent. Thus, when acquiescence takes place, it presupposes knowledge against a particular act. From the knowledge comes passive acceptance, therefore instead of taking any action against any alleged refusal to perform the original contract, despite adequate knowledge of its terms, and instead being allowed to continue by consciously ignoring it and thereafter proceeding further, acquiescence does take place. (Para 21) Bichitrananda Behera v. State of Orissa, 2023 LiveLaw (SC) 883 : 2023 INSC 902Acquiescence and Delay and Laches - Distinction between - Laches like acquiescence is based upon equitable considerations, but laches unlike acquiescence imports even simple passivity. On the other hand, acquiescence implies active assent and is based upon the rule of estoppel in pais. As a form of estoppel, it bars a party afterwards from complaining of the violation of the right. Even indirect acquiescence implies almost active consent, which is not to be inferred by mere silence or inaction which is involved in laches. Acquiescence in this manner is quite distinct from delay. Acquiescence virtually destroys the right of the person. (Para 21) Bichitrananda Behera v. State of Orissa, 2023 LiveLaw (SC) 883 : 2023 INSC 902Caste of AccusedAn accused has no caste or religion when the Court deals with their case. The caste or religion of a litigant should never be mentioned in the cause title of the judgment. Such practice should never be followed. (Para 15) State of Rajasthan v. Gautam Mohanlal, 2023 LiveLaw (SC) 875 : 2023 INSC 903ChequeSection 141 NI Act - Only that person who was responsible for conduct of company's affairs at the time of cheque dishonour is liable. Siby Thomas v. Somany Ceramics Ltd., 2023 LiveLaw (SC) 869 : 2023 INSC 890Cheque dishonour cases - what should courts ask accused once presumption under s.139 ni act is applicable? the Supreme Court explains. Rajesh Jain v. Ajay Singh, 2023 LiveLaw (SC) 866 : 2023 INSC 888ConstitutionArticle 226 - The High Court ought to relegate parties to alternate remedies when there are serious factual disputes. State of U.P. v. Ehsan, 2023 LiveLaw (SC) 887 : 2023 INSC 906Contract LawSupreme Court imposes cost of Rs. 65 lakhs on Punjab State Power Corp Ltd for instituting multiple litigations to wriggle out of payment obligations. Nabha Power Ltd. v Punjab State Power Corporation Ltd, 2023 LiveLaw (SC) 876 : 2023 INSC 883Criminal LawSection 149 IPC - Prosecution must prove the accused was aware of offences likely to be committed to achieve common object. Naresh @ Nehru v. State of Haryana, 2023 LiveLaw (SC) 880 : 2023 INSC 889Accused has no right to produce any material at the time of framing of charge. State of Gujarat v. Dilipsingh Kishorsinh Rao, 2023 LiveLaw (SC) 874 : 2023 INSC 894Distinction between 'common intention' and 'common object': Supreme Court explains while setting aside conviction in triple murder case. Chandra Pratap Singh v. State of M.P., 2023 LiveLaw (SC) 870 : 2023 INSC 887'If convict's advocate was absent, hc should've appointed a lawyer for him': Supreme Court criticises High Court deciding criminal appeal without hearing. Chandra Pratap Singh v. State of M.P., 2023 LiveLaw (SC) 870 : 2023 INSC 887CustomsCustoms Duty - Undervaluation must be proved by evidence of prices of contemporaneous imports; else benefit of doubt goes to the importer. Commissioner of Customs (Imports), Mumbai v. Ganpati Overseas, 2023 LiveLaw (SC) 864 : 2023 INSC 881Defective OathAllegation that the Chief Justice of the High Court did not use the expression "I" before his name during the oath, violating the Third Schedule of the Constitution and non-invitation of government...

Supreme Court Weekly Digest With Subject-Wise, Statute-Wise Index & Nominal Index [October 9 – 15, 2023]

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