Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index(Citations 372 - 402) [May 1 – 7, 2023]

SUBJECT WISE INDEXAdverse PossessionThe onus to prove acquisition by adverse possession shifts on the defendant, once the title of the property has been upheld in the name of Plaintiff by a judgment/decree in an earlier suit between the same parties. (Para 7) Prasanna v. Mudegowda, 2023 LiveLaw (SC) 381Amravati Land ScamThe Supreme Court set aside the High Court order which stayed the probe into the Amravati Land Scam, in a plea moved by the government. The High Court ought not to have granted interim stay when it was not required as the entire matter was at a premature stage. The High Court is expected to decide the writ petition on merits in accordance with the law without being influenced by any of the observations made in the order. State of Andhra Pradesh v. Varla Ramaiah, 2023 LiveLaw (SC) 390ArbitrationArbitration: Supreme Court upholds rejection of S. 8 application since cause of action went beyond transaction containing arbitration agreement. Gujarat Composite Ltd. v. A Infrastructure Ltd., 2023 LiveLaw (SC) 384BailChargesheet not incomplete merely because it was filed without sanction; the accused can't seek default bail on that ground. Judgebir Singh @ Jasbir Singh @ Jasbir v. National Investigation Agency, 2023 LiveLaw (SC) 377Don't seek extension of time for investigation at the last moment, accused will get right to default bail: Supreme Court to NIA, Police. Judgebir Singh @ Jasbir Singh @ Jasbir v. National Investigation Agency, 2023 LiveLaw (SC) 377In matters pertaining to citizens' liberty, courts should act promptly; avoid detailed deliberation of evidence in bail pleas. Sumit Subhaschandra Gangwal v. State of Maharashtra, 2023 LiveLaw (SC) 373Carriage Section 16 Carriage by Road Act applicable to suit/ legal proceedings in connection with loss/damage to consignment alone. ESSEMM Logistics v. DARCL Logistics Ltd; 2023 LiveLaw (SC) 378Central ExciseMere broad-basing of entries under Central Excise Tariff Act, cannot justify re-classification, without change in nature, character or use of the product. Commissioner of Customs, Central Excise and Service Tax v. Ashwani Homeo Pharmacy, 2023 LiveLaw (SC) 397Civil LawOrder VII Rule 11 CPC - Plaint to be rejected if it is vexatious, illusory cause of action and barred by limitation. Ramisetty Venkatanna v. Nasyam Jamal Saheb, 2023 LiveLaw (SC) 372Company LawSection 140(5) Companies Act 2013 is constitutional; resignation of auditor won't end proceedings under Sec 140(5). Union of India v. Deloitte Haskins and Sells LLP, 2023 LiveLaw (SC) 388No priority for workers' dues after liquidation of company under IBC: Supreme Court upholds Section 327(7) of Companies Act 2013. Moser Baer Karamchari Union v. Union of India, 2023 LiveLaw (SC) 386Criminal LawThe District Police Chief can't order further investigation without permission from the Magistrate or Higher Court. Peethambaran v. State of Kerala, 2023 LiveLaw (SC) 402‘Court not to sermonise on morality’: SC allows premature release of woman convicted for killing sons while attempting suicide. Nagarathinam v. State through the Inspector of Police, 2023 LiveLaw (SC) 401Supreme Court sets aside Magistrate's order directing police investigation into allegation of rape against BJP leader Kailash Vijayvargiya. Kailash Vijayvargiya v. Rajlakshmi Chaudhuri, 2023 LiveLaw (SC) 396Section 389 Cr.P.C. - Sentence can be suspended in appeal only if the convict has fair chances of acquittal. Omprakash Sahni v. Jai Shankar Chaudhary, 2023 LiveLaw (SC) 389The Home Secretary cannot order further investigation or reinvestigation of case by another agency. Bohatie Devi v. State of Uttar Pradesh, 2023 LiveLaw (SC) 376Criminal TrialThe duty of the presiding judge of a criminal trial is not to watch the proceedings as a spectator or a recording machine but he has to participate in the trial by evincing intelligent active interest by putting questions to witnesses in order to ascertain the truth. (Para 11, 12) Dinesh Kumar v. State of Haryana, 2023 LiveLaw (SC) 395CustomsCustoms Act 1962 : Supreme Court delivers split verdict on jurisdiction of settlement commission in relation to goods under Section 123. Yamal Manojbhai v. Union of India, 2023 LiveLaw (SC) 399Death PenaltyMercy Petition - The Supreme Court refused to commute the death sentence of Babbar Khalsa terrorist Balwant Singh Rajoana to life imprisonment on the ground of the long pendency of the mercy petition before the President of India. The BKI operative was convicted for his role in the assassination of the former chief minister of Punjab, Beant Singh, in August 1995. There are directions by this Court vide orders dated 4.12.2020 and 2.5.2022 to dispose of the Mercy Petition of the petitioner. The Ministry of Home Affairs, upon material consideration of various reports from its different branches, has come to the conclusion that the consideration may be deferred as it could have an impact of compromising the security of the nation or creating law and order...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index(Citations 372 - 402) [May 1 – 7, 2023]

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