Supreme Court Weekly Digest (15 May 2023- 21 May 2023)

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/OrdersInquiry Proceedings Civil Servant Can Be Done Away With In National Security Interest : Supreme Court[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 432The 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].PMLA | Accused Not Entitled To Bail In Money Laundering Case Merely Because Chargesheet Has Been Filed In Predicate Offence : Supreme Court[Case Title : Directorate of Enforcement vs Aditya Tripathi]Citation : 2023 LiveLaw (SC) 433The 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.Supreme Court Laments Trial Judges Not Using Section 313(5) CrPC; Asks Judicial Academies To Take Notice[Case Title: Raj Kumar @ Suman v. State (NCT of Delhi)]Citation : 2023 LiveLaw (SC) 434The 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.High Courts Can Issue Additional Directions While Considering Bail Pleas By Virtue Of Powers Under Article 226/227: Supreme Court[Case Title: Sanjay Dubey V State of Madhya Pradesh & Anr]Citation : 2023 LiveLaw (SC) 435The 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) 441The 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.Supreme Court Refuses To Refer 'Vijay Madanlal Choudhary' Judgment, Which Upheld PMLA Provisions, To Larger Bench[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) 440A 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.Definition Of 'Consumer' Includes 'Consumers'; Joint Complaint By Multiple Consumers Need Not Be Filed In Representative Capacity : Supreme Court[Case Title: Alpha G184 Owners Association V. Magnum International Trading Company Pvt. Ltd.]Citation : 2023 LiveLaw (SC) 442The 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.Credit Note Issued By Automobile Manufacturer To Dealer, In Consideration Of Replacement Of Defective Part, Attracts Sales Tax: Supreme Court[Case Title: M/S. Tata Motors Ltd. vs The Deputy Commissioner Of Commercial Taxes (SPL) & Anr.]Citation : 2023 LiveLaw (SC) 443The 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...

Supreme Court Weekly Digest (15 May 2023- 21 May 2023)

Padmakshi Sharma

Tags