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Supreme Court Weekly Digest (15 May 2023- 21 May 2023)
Padmakshi Sharma
22 May 2023 6:06 AM GMT
Welcome to Live Law's Supreme Court Weekly Digest, your comprehensive source for the latest updates and significant developments in the realm of Indian jurisprudence. In this week's edition, we delve into several crucial cases and legal proceedings that have shaped the legal landscape. Amongst the notable proceedings this week was the Supreme Court's decision to uphold West Bengal's ban on...
Welcome to Live Law's Supreme Court Weekly Digest, your comprehensive source for the latest updates and significant developments in the realm of Indian jurisprudence.
In this week's edition, we delve into several crucial cases and legal proceedings that have shaped the legal landscape. Amongst the notable proceedings this week was the Supreme Court's decision to uphold West Bengal's ban on the Kerala Story, which sparked a nationwide debate on freedom of expression vis-à-vis hate speech. Other cases include the Supreme Court's grant of an extension to the Securities and Exchange Board of India (SEBI) for its investigation into the Hindenburg report, the Central government's review petition against the Constitution Bench judgement which upheld that GNCTD had power over "services" in Delhi, and the dismissal of review petitions against the judgement upholding the EWS Quota.
Judgements/Orders
[Case Title: Dr. VR Sanal Kumar v. Union of India And Ors.| Civil Appeal No. 6301 of 2013 | 12th May, 2023]
Citation: 2023 LiveLaw SC 432
The Supreme Court reiterated that inquiry proceedings of persons employed in civil capacities under the Union Government of the State Government can be done away with if the President or the Governor is satisfied that in the interest of security of the State it is not expedient to hold such an inquiry [clause (c) of second proviso to Article 311(2) of the Constitution of India].
[Case Title : Directorate of Enforcement vs Aditya Tripathi]
Citation : 2023 LiveLaw (SC) 433
The Supreme Court has held that the mere fact that chargesheet has been filed for the predicate offences is not a ground to release the accused on bail in connection with the offences under the Prevention of Money Laundering Act.
[Case Title: Raj Kumar @ Suman v. State (NCT of Delhi)]
Citation : 2023 LiveLaw (SC) 434
The Supreme Court recently opined that while recording the statement under Section 313 of CrPC in cases involving a large number of prosecution witnesses, the Judicial Officers should take benefit of Section 313 (5) of CrPC, which will ensure that the chances of committing errors and omissions are minimized.
[Case Title: Sanjay Dubey V State of Madhya Pradesh & Anr]
Citation : 2023 LiveLaw (SC) 435
The Supreme Court recently held that the High Court even while deciding a bail application, has the power to issue other directions in the interest of justice, by virtue of its powers under Article 226 of the Constitution.
Supreme Court Dismisses Review Petitions Filed Against Judgment Upholding EWS Quota
[Case Title : Society for the Rights of Backward Communities vs Janhit Abhiyan and others]
Citation : 2023 LiveLaw (SC) 441
The Supreme Court has dismissed the review petition filed against the Constitution Bench judgment which upheld the validity of the 103rd Constitutional Amendment which introduced 10% reservation for Economically Weaker Sections (EWS) in education and public employment.
[Case Title: Y. Balaji v. Karthik Desari & Anr. | Special Leave Petition (Criminal) No. 12779-12781 of 2022 and other connected matters]
Citation : 2023 LiveLaw (SC) 440
A two-judge bench of the Supreme Court has turned down a plea to refer the judgment in Vijay Madanlal Choudhary vs Union of India, which upheld several provisions of the Prevention of Money Laundering Act 2002, to a larger bench.
[Case Title: Alpha G184 Owners Association V. Magnum International Trading Company Pvt. Ltd.]
Citation : 2023 LiveLaw (SC) 442
The Supreme Court has held that when a few consumers who have the same interest seeking the same relief file a joint complaint without any larger public interest involved, it need not be filed in a representative capacity in compliance with Order 1 Rule 8 CPC of the Code of Civil Procedure as required under Section 13(6) of the Consumer Protection Act.
[Case Title: M/S. Tata Motors Ltd. vs The Deputy Commissioner Of Commercial Taxes (SPL) & Anr.]
Citation : 2023 LiveLaw (SC) 443
The Supreme Court has ruled that a credit note issued by an automobile manufacturer to a dealer of automobiles, in consideration of the replacement of a defective part done by the dealer pursuant to a warranty agreement, is exigible to sales tax.
[Case Title: Magic Eye Developers Pvt. Ltd. v M/s. Green Edge Infrastructure Pvt. Ltd. & Ors.]
Citation: 2023 LiveLaw (SC) 444
The Supreme Court has held that under Section 11(6) of the Arbitration and Conciliation Act, 1996 , when the issue of ‘existence and validity of an arbitration agreement’ is raised at pre-referral stage, then the Court is duty bound to conclusively decide the issue.
[Case Title: Y. Balaji v. Karthik Desari & Anr. | Special Leave Petition (Criminal) No. 12779-12781 of 2022 and other connected matters]
Citation : 2023 LiveLaw (SC) 440
In a significant development increasing the jurisdictional remit of the Enforcement Directorate (ED), the Supreme Court has clarified that a criminal activity and the generation of the proceeds of crime are like ‘Siamese twins’ in the case of an offence of corruption and the acquisition of the proceeds of crime in such cases would itself tantamount to money laundering.
[Case Title: The Animal Welfare Board of India And Ors. v. UoI And Anr. WP(C) No. 23/2016]
Citation : 2023 LiveLaw (SC) 447
The Supreme Court upheld the constitutional validity of the State amendments made to the central law Prevention of Cruelty to Animals Act by the States of Tamil Nadu, Karnataka and Maharashtra to allow the conduct of animal sports like Jalikattu, Kambala and bull-cart racing in these respective States.
Insurance Company Must Give Cogent Reasons For Not Accepting Surveyor's Report: Supreme Court
[Case Title: National Insurance Company Ltd V. Vedic Resorts and Hotels Pvt. Ltd.]
Citation : 2023 LiveLaw (SC) 445
The Supreme Court has held that while the Surveyor's Report in a claim for insurance is not final and can be deviated from, it is necessary for the insurer to provide ‘cogent and satisfactory’ reasons for not accepting the report
[Case Title: KC Ninan vs Kerala State Electricity Board and others C.A 2109-2110/2004]
Citation : 2023 LiveLaw (SC) 453
In a significant judgment, the Supreme Court has held that electricity dues of the previous owner of a property can be recovered from the subsequent owner or an auction purchaser.
[Case Title: All India Judges Association v. UoI And Ors. WP(C) No. 643/2015]
Citation : 2023 LiveLaw (SC) 452
The Supreme Court provided a timeline for the Center and the States to pay retired judicial officers pension as per the enhanced pay scale as recommended by the Second National Judicial Pay Commission.
[Case Title: M/s. D.N. Singh vs Commissioner of Income Tax & Anr.]
Citation : 2023 LiveLaw (SC) 451
The Supreme Court has ruled that a thief cannot be recognised as the owner of the property within the meaning of Section 69A of the Income Tax Act, 1961. The top court observed that for Section 69A of the Income Tax Act to apply, it is indispensable that the Assessing Officer must find that the articles/ goods enumerated and covered under Section 69A, are owned by the assessee.
[Case Title: M/s. D.N. Singh vs Commissioner of Income Tax, Central, Patna & Anr.]
Citation : 2023 LiveLaw (SC) 451
The Supreme Court has ruled that bitumen cannot be treated as a ‘valuable article’ under Section 69A of the Income Tax Act, 1961.
[Case Title: Jini Dhanrajgir & Anr. v Shibu Mathew & Anr.]
Citation: 2023 LiveLaw (SC) 450
The Supreme Court has held that for applicability of Rule 102 Order XXI of the Civil Procedure Code, 1908 (“CPC”), the Executing Court would have to determine upon evidence whether the transfer of immovable property which was made post dismissal of suit, was made after institution of appeal/further litigation or not in order to attract the principle of lis pendens.
[Case Title: Kamukayi and ors v. Union of India and Ors]
Citation : 2023 LiveLaw (SC) 449
While discussing the provisions of the Railways Act, the Supreme Court has held that whenever any untoward incident happens occurs in the course of working of the railway, the Railway Administration is liable to compensate the passenger irrespective of whether there has been any wrongful act, neglect or default on the part of railway administration.
[Case Title: Umesh Rai@Gora Rai v. UOI]
Citation : 2023 LiveLaw (SC) 448
The Supreme Court recently disapproved of the action taken by the Allahabad High Court to list a matter for hearing before the same bench, which had failed to pronounce judgment within a period of six months after reserving it.
[Case Title: K. Chinnammal (Dead) Thr. Lrs. vs. L. R. Eknath & Anr.]
Citation : 2023 LiveLaw (SC) 437
The Supreme Court has ruled that failure to follow the direction of the Revenue Court regarding payment of rent, is a valid ground for effecting eviction of the cultivating tenant under Section 3 of the Tamil Nadu Cultivating Tenants Protection Act, 1955.
[Case Title: Raj Kumar @ Suman v. State (NCT of Delhi)]
Citation : 2023 LiveLaw (SC) 434
The Supreme Court recently opined that while recording the statement under Section 313 of CrPC in cases involving a large number of prosecution witnesses, the Judicial Officers should take benefit of Section 313 (5) of CrPC, which will ensure that the chances of committing errors and omissions are minimized.
[Case Title: Sanjay Dubey V State of Madhya Pradesh & Anr]
Citation : 2023 LiveLaw (SC) 435
The Supreme Court recently held that the High Court even while deciding a bail application, has the power to issue other directions in the interest of justice, by virtue of its powers under Article 226 of the Constitution
Supertech Insolvency : Supreme Court Approves 'Project Wise Resolution' Plan
[Case Title: Indiabulls Asset Reconstruction Company Limited v Ram Kishore Arora & Ors.]
Citation : 2023 LiveLaw (SC) 436
The Supreme Court has declined to grant any interim relief in respect of order passed by the National Company Law Appellate Tribunal (“NCLAT”) directing ‘project wise insolvency resolution process’ of Supertech Ltd.’s Eco Village-II project. The Bench has observed that constituting Committee of Creditors (CoC) for all the projects of Supertech Limited would affect the ongoing projects and cause hardship to the homebuyers.
News Updates
'Not Someone To Retire, Will Start My New Innings': Justice MR Shah On Last Working Day
In the honour of Justice MR Shah, who is set to retire from his position as a Supreme Court judge a ceremonial bench headed by CJI DY Chandrachud was organised in the Supreme Court. While giving his final speech in the Supreme Court as a sitting judge, Justice MR Shah stated that he would soon be starting his "new innings".
Supreme Court Rebukes DRT Presiding Officer Chandigarh For Challenging P&H High Court Order
The Supreme Court on May 12 rebuked the Presiding Officer of Debts Recovery Tribunal Chandigarh for filing a special leave petition against an order of the Punjab and Haryana High Court. The DRT Presiding Officer approached the Court alleging that the High Court had passed adverse remarks against him affecting his credibility and reputation.
The Supreme Court on May 12 granted interim relief to BJP MLA from Arunachal Pradesh Dasanglu Pul, whose election to the assembly was declared void by the Gauhati High Court on April 25.
In a rejoinder affidavit filed by the the Securities and Exchange Board of India (SEBI) in the Supreme Court, the apex regulatory body has given additional reasons for seeking more time to probe into the Adani-Hindenburg issue.
The Supreme Court granted time to the Commissioner, Delhi Police to file a counter affidavit in a plea filed by Communist Party of India (Marxist) leader Brinda Karat seeking registration of FIR against BJP leaders Anurag Thakur and Parvesh Verma for allegedly delivering hate speeches in 2020.
The Supreme Court granted four weeks’ time to the National Investigation Agency (NIA) to file a counter affidavit with respect to the change in location of house arrest of the human rights activist Gautam Navlakha, an accused in the Bhima Koregaon case.
The Supreme Court dismissed the Special Leave Petition filed by Bombay Lawyers Association challenging High Court's order dismissing its PIL against Vice President Jagdeep Dhankhar and Law Minister Kiren Rijiju for their remarks in public about the basic structure doctrine evolved by the Top Court and the Collegium system for appointment of Judges. The Apex Court noted, “we believe that the High Court’s view is correct.”
The Supreme Court refused early listing of application filed by a Judge of a Sessions Court in Lucknow, who was recently asked by the Supreme Court to be sent for Training as he did not follow the law laid down by the Apex Court in Satender Kumar Antil v. CBI. In Antil, the Apex Court had laid down guidelines on the aspect of grant of bail to accused who are not arrested during investigation on charge sheet being filed.
In a plea filed by the makers of the controversial movie 'The Kerala Story' against the alleged 'shadow ban' of the movie in the State of Tamil Nadu, the state of Tamil Nadu has filed a counter affidavit refuting the claims of the makers and stating that they have made deliberate false statements implying that Tamil Nadu has prevented the public exhibition of the film.
The Supreme Court has adjourned to July 10 the application filed by the Securities and Exchange Board of India (SEBI) seeking six months more time to complete its probe into allegations made by US-based short seller firm Hindenburg Research against Adani group companies about stock price manipulations.
The Supreme Court of India issued notice in a plea for a probe by the Central Bureau of Investigation (CBI) into an alleged fake encounter of a Dalit youth, Lovely Kandara, by the Jodhpur police.
Vacation Benches Will Hear Fresh Admission Matters, Hybrid Hearings Possible : CJI DY Chandrachud
In the last week of Supreme Court's working before the summer vacations begin, CJI DY Chandrachud informed the lawyers that the vacation benches will be taking up fresh admission matters and hybrid hearings will be permitted before the vacation benches for the convenience of the parties.
The Supreme Court adjourned to July the petition filed by former Maharashtra Minister Nawab Malik, who is in jail since February 23, 2022 following his arrest in a money laundering case by the Directorate of Enforcement.
The Supreme Court allowed a batch of appeals against an order of the Madras High Court ordering a fresh enquiry into the cash-for-jobs scam, in which the Tamil Nadu minister and DMK MLA V Senthil Balaji, among others, has been accused of accepting bribes from job aspirants in exchange of appointments to the state transport corporation between 2011 and 2015.
The Supreme Court collegium has recommended the names of Chief Justice Prashant Kumar Mishra of the Andhra Pradesh High Court and Senior Advocate KV Viswanathan to be appointed as judges of the top court, in order to fill the vacancies left behind by now-retired judges Dinesh Maheshwari and MR Shah.
Gujarat Judges Whose Promotions Were Stayed Seek Urgent Hearing Before Supreme Court
The Gujarat judicial officers whose promotion as District Judges in the State of Gujarat was stayed last week approached the Supreme Court seeking for an early listing of their matter after the High Court of Gujarat reversed their promotions.
Senior Advocate KV Viswanathan – the Supreme Court collegium’s pick for a judgeship – would go on to become the Chief Justice of India, following seven other judges in line after the incumbent chief justice DY Chandrachud.
Defending the ban imposed on the controversial movie "The Kerala Story", the State of West Bengal told the Supreme Court in its affidavit that the film is based on “manipulated facts and contains hate speech in multiple scenes that may hurt communal sentiments and cause disharmony between the communities”.
Supreme Court Collegium Skips Over Allahabad HC CJ To Pick Andhra HC CJ for SC Judgeship
While making its recent recommendation for Supreme Court judgeship, the top court’s collegium – headed by Chief Justice DY Chandrachud – has skipped over the Allahabad High Court’s chief justice, Pritinker Diwaker, who is ahead of the top court’s nominee, Chief Justice Prashant Kumar Mishra, in terms of seniority. Both judges were originally appointed to the Chhattisgarh High Court.
The Supreme Court, on May 16, asked the State Governments and Union Territories to file their response in the suo motu case registered by it to curb the large number of possession and use of unlicensed firearms in the country.
The Supreme Court granted interim anticipatory bail to BV Srinivas, National President of Indian Youth Congress in respect to the FIR registered in Assam on a sexual harassment complaint lodged by a member.
Supreme Court judge Justice Sanjay Karol recused from hearing the petition filed by State of Bihar challenging the interim order of the Patna High Court staying Bihar Government’s decision to conduct a caste-based survey in the State.
Adani-Hindenburg : Supreme Court Extends Deadline For SEBI Probe Till August 14
The Supreme Court extended the time for the Securities and Exchange Board of India (SEBI) till August 14, 2023 to complete its probe into allegations made by US-based short seller firm Hindenburg Research against Adani group companies about stock price manipulations.
The Supreme Court reserved its judgement on the issue whether the Lieutenant Governor (LG) of Delhi can nominate aldermen (nominated members) to the Municipal Corporation of Delhi without the consent of the Delhi Government.
Supreme Court To Hear CBI's Plea Against Karnataka Congress Leader DK Shivakumar In July
The Supreme Court adjourned a plea filed by the Central Bureau of Investigation (CBI) assailing an interim order passed by the Karnataka High Court staying CBI proceedings against DK Shivakumar, President of Karnataka Pradesh Congress Committee in a corruption case.
In the matter pertaining to unrest in the State of Manipur, the Supreme Court, made certain strong remarks against the High Court's direction to the State government to consider the inclusion of Meitei community in the Scheduled Tribes List.
The Supreme Court ordered that the four persons, who were acquitted by the Rajasthan High Court in the 2008 Jaipur bomb blasts case, be released if their detention is not required in any other case.
Supreme Court Adjourns Hearing in Hate Speech Matter to August
The Supreme Court of India adjourned to August, the hearing in a batch of pleas seeking action with respect to various instances of hate crimes, including hate speech, across the country.
The Supreme Court refused to entertain a petition filed by Sadar Laboratories Pvt Ltd challenging Delhi High Court's order restraining it from manufacturing and selling any product under the trademark "Dil Afza" till the disposal of the trademark infringement suit filed by Hamdard National Foundation (India), which manufactures "Rooh Afza".
In the Adani-Hindenburg matter, Securities and Exchange Board of India (SEBI) filed an affidavit before the Supreme Court clarifying that the statement of the Minister of State for Finance Pankaj Chaudhary in his 2021 reply in the Parliament had no connection with SEBI's 2016 probe over GDR issue against 51 Indian listed companies, of which the Adani group was not a part.
Senior Advocate Adish C Aggarwala Elected as President of Supreme Court Bar Association
Adish C Aggarwala – former vice president of the Supreme Court Bar Association and senior advocate – has been elected to the executive committee of the SCBA as its president. The senior counsel has beaten three advocates and four senior advocates to clinch a victory.
The Enforcement Directorate told the Supreme Court that M Sivashankar, former principal secretary to the Chief Minister of Kerala does not have any serious health conditions, warranting the grant of bail on medical grounds.
The Supreme Court directed law enforcement in the State of Manipur to take appropriate action on the apprehensions raised by the Manipur Tribal Forum Delhi that imminent attack on tribals in certain villages was being planned by militant organisations.
May 17 was the last day of the hearing of the hate speech and hate crime matters before the bench led by Justice KM Joseph, as the Supreme Court judge is set to retire on June 16 (May 19 is his last working day before Court closes for summer vacations).
The Supreme Court issued notice to the Delhi Police in the bail plea of JNU student activist Umar Khalid, who has been booked under the UAPA for his alleged involvement in the larger conspiracy surrounding the communal violence that broke out in February 2020 in the Indian capital. Khalid has been behind bars since September 2020, awaiting his trial.
Supreme Court To Have 3 Ceremonial Benches For Three Judges Retiring During Vacations
Chief Justice DY Chandrachud remarked in the court that the Supreme Court is set to have three ceremonial benches on the occasion of three Supreme Court judges who are retiring during the summer vacations.
Supreme Court Issues Notice In Bail Plea Of AAP Leader Satyendar Jain In Money Laundering Case
The Supreme Court issued notice in the bail plea of Aam Aadmi Party leader and former cabinet minister in the Delhi government in a money laundering case. Jain has been behind bars since May 2022, awaiting his trial.
The Supreme Court adjourned the petition filed by State of Bihar challenging the interim order of the Patna High Court staying Bihar Government’s decision to conduct a caste-based survey in the State.
The Supreme Court stayed the ban imposed by the State of West Bengal on the screening of the controversial film 'The Kerala Story'. The Court also recorded the statement made by Additional Advocate General Amit Anand Tiwari on behalf of the State of Tamil Nadu that there is no direct or indirect ban of the movie in the State. The Court further directed the State of Tamil Nadu to provide security to theatres & movie goers in the state.
The Supreme Court heard the petition filed by the State of West Bengal against the order passed by the Calcutta High Court to transfer the investigation in the cases related to Ram Navami violence to the National Investigation Agency.
While hearing the batch of petitions concerning the screening of the controversial film 'The Kerala Story', the Supreme Court orally remarked that as much as the Apex Court was there to protect free speech, vilifying a community could not be permitted. The remark was made when the court was discussing the script of the film which was alleged to be Islamophobic and derogatory to the Muslim community.
The Anjuman Islamia Masjid committee (which manages Gyanvapi Mosque in Varanasi) moved the Supreme Court against the Allahabad High Court’s order last week for a scientific survey of a structure inside the mosque, which the Hindu plaintiffs claim to be a 'Shivling'.
The Supreme Court on May 16 disposed of a habeas corpus petition filed by Communist Party of India (Marxist) (CPI(M)) General Secretary Sitaram Yechury in 2019 challenging the alleged illegal detention of former J&K MLA Mohammed Yousuf Tarigami in August 2019 soon after the special status of Jammu and Kashmir was abrogated.
The Supreme Court quashed a criminal case against the President and Vice President of the International Society for Krishna Consciousness (ISKCON), Bengaluru, Madhu Pandit Dasa and Chanchalapati Dasa respectively, which was lodged at the instance of ISKCON Kolkata. The criminal case was filed over the alleged theft of a bus belonging to ISKCON Kolkata, which was allegedly brought to Bangalore unauthorisedly by the accused.
Concerned At Deaths Of 3 Cheetahs In Kuno, Supreme Court Asks Centre To Explore Alternate Sites
The Supreme Court asked the Centre to consider if the newly-introduced cheetahs in the country can be spread over and not be confined in one place.
The Supreme Court heard the plea challenging the Bombay High Court's refusal to continue monitoring the murder probe of anti-superstition crusader Narendra Dabholkar.
The Supreme Court asked the Chief Justice of the Calcutta High Court to assign a matter pending before a Division Bench of the High Court, which had been adjourned about 40 times over a span of 3 years to a new Bench. The concerned matter involves the litigation pertaining to the board of La Martiniere School, Kolkata.
Justice Prashant Kumar Mishra & KV Viswanathan Take Oath As Supreme Court Judges
Andhra Pradesh High Court Chief Justice Prashant Kumar Mishra and Senior Advocate KV Viswanathan were sworn-in as Supreme Court judges.
The Supreme Court directed the Bihar Government to produce original records of documents which led to the granting remission to former Bihar MP Anand Mohan, convicted in the case for the mob lynching of Gopalganj District Magistrate G Krishnaiah in 1994.
The Supreme Court directed to put on hold the scientific investigation of a structure inside the Varanasi Gyanvapi mosque which the Hindu plaintiffs claim to be a 'Shivalinga' and the Mosque committee claims to a fountain.
Supreme Court Refuses To Stay Calcutta HC Direction Transferring Ram Navami Violence Cases To NIA
The Supreme Court refused to stay the order passed by the Calcutta High Court to transfer the investigation in the cases related to Ram Navami violence to the National Investigation Agency.
The Supreme Court came down heavily on the Lieutenant Governor of Delhi for sitting over the proposal made by the Delhi Government for the appointment of the Chairperson of the Delhi Electricity Regulatory Commission for over five months.
District Judiciary Should Not Be Called 'Subordinate Judiciary' : Supreme Court
The Supreme Court, while highlighting the importance of district judiciary, remarked that the Supreme Court shall no longer refer to the District Judiciary as ‘subordinate judiciary’.
In a significant development in the Adani-Hindenburg controversy, the Expert Committee constituted by the Supreme Court said it cannot, as of now, arrive at a finding of "regulatory failure" of SEBI in dealing with the alleged contravention of securities law by the Adani Group or any other companies.
The Supreme Court highlighted certain principles concerning judiciary that had a direct bearing on its decision while considering the recommendations.
Just a few days after the Supreme Court's judgement holding that the National Capital Territory of Delhi has legislative and executive power over administrative services in the National Capital, excluding matters relating to public order, police and land, the Central Government has issued an ordinance to constitute ‘National Capital Civil Services Authority’ in Delhi.
The Central Government has moved the Supreme Court against its judgement holding that the National Capital Territory of Delhi has legislative and executive power over administrative services in the National Capital, excluding matters relating to public order, police and land.
Delhi Govt v. LG | Centre's Reasons For Review Of Supreme Court's Judgment
The Centre, along with the Review Petition, has also filed an application for an open/oral hearing in the matter.
