Supreme Court Weekly Digest [September 18 – 24, 2023]

Citations: 2023 LiveLaw (SC) 800 To 2023 LiveLaw (SC) 821SUBJECT WISE INDEXArbitrationThe Supreme Court explains scope of judicial interference in arbitral awards. Batliboi Environmental Engineers v. Hindustan Petroleum Corporation, 2023 LiveLaw (SC) 817 : 2023 INSC 850Civil LawIn the second appeal, the High Court must frame a substantial question of law at the admission stage itself ordinarily. Suresh Lataruji Ramteke v. Sumanbai Pandurang Petkar, 2023 LiveLaw (SC) 821 : 2023 INSC 846Order V Rule 2 of Civil Procedure Code requires service of summons with plaint. National Insurance Company Ltd. v. National Building Construction India Ltd; 2023 LiveLaw (SC) 800Corruption PC Act - Once it is proved that a public servant received gratification beyond legal remuneration, statutory presumption operates. P. Sarangapani v. State of Andhra Pradesh, 2023 LiveLaw (SC) 819 : 2023 INSC 844Criminal LawCriminal Trial - the death of the complainant or nonavailability of the complainant at the time of trial could be said to be fatal to the case of prosecution, nor could it be said to be a ground to acquit the accused. It is always open for the prosecution to prove the contents of the complaint and other facts in issue by leading other oral or documentary evidence, in case of death of or nonavailability of the complainant. (Para 9) P. Sarangapani v. State of Andhra Pradesh, 2023 LiveLaw (SC) 819 : 2023 INSC 844Section 313 CrPC - Failure to put incrimination circumstances to the accused will not vitiate trial if no prejudice is caused. Sunil v. State of NCT of Delhi, 2023 LiveLaw (SC) 815 : 2023 INSC 840Supreme Court acquits two death row convicts, perplexed at trial court & hc awarding capital punishment despite loopholes in evidence. Rajesh v. State of Madhya Pradesh, 2023 LiveLaw (SC) 814 : 2023 INSC 839Criminal Investigation - It is high time, perhaps, that a consistent and dependable code of investigation is devised with a mandatory and detailed procedure for the police to implement and abide by during the course of their investigation so that the guilty do not walk free on technicalities, as they do in most cases in our country. (Para 38) Rajesh v. State of Madhya Pradesh, 2023 LiveLaw (SC) 814 : 2023 INSC 839Criminal Justice System - The manner in which police investigations are conducted is of critical importance to the functioning of the Criminal Justice System. Not only serious miscarriage of justice will result if the collection of evidence is vitiated by error or malpractice, but successful prosecution of the guilty depends on a thorough and careful search for truth and collection of evidence which is both admissible and probative. (Referred: 2003, the Report of Dr. Justice V.S. Malimath’s ‘Committee on Reforms of Criminal Justice System, Para 37) Rajesh v. State of Madhya Pradesh, 2023 LiveLaw (SC) 814 : 2023 INSC 839Criminal Jurisprudence - Defence witnesses are entitled to equal treatment with those produced by the prosecution and different yardsticks cannot be prescribed for prosecution witnesses as compared to defence witnesses. (Para 23) Balwinder Singh (Binda) v. Narcotics Control Bureau, 2023 LiveLaw (SC) 813 : 2023 INSC 852EducationThe Supreme Court refuses to interfere with the Lakshadweep administration’s decision to drop meat from the school mid-day meal menu. Ajmal Ahmed v. Union of India, 2023 LiveLaw (SC) 803ElectionAadhaar number not mandatory for electoral rolls, will make changes in forms to enrol new voters: ECI Tells Supreme Court. G. Niranjan v. Election Commission of India, 2023 LiveLaw (SC) 805EnforcementEnforcement officer competent to file complaint under repealed provisions of FERA during sunset period of 2 years after enforcement of FEMA. First Global Stockbroking Pvt. Ltd. v. Anil Rishiraj, 2023 LiveLaw (SC) 820 : 2023 INSC 845Equity and LawEquity cannot supplant the law. Equity has to follow law, if the law is clear and unambiguous. (Para 104) Celir LLP v. Bafna Motors (Mumbai) Pvt. Ltd., 2023 LiveLaw (SC) 808 : 2023 INSC 838Evidence LawPanchnama inadmissible in court where witnesses merely acted as attestors and did not disclose how objects were discovered. Rajesh v. State of Madhya Pradesh, 2023 LiveLaw (SC) 814 : 2023 INSC 839S. 27 Evidence Act - Discovery can't be proved against a person if he wasn't accused of any offence & wasn't in custody of police at the time of confession. Rajesh v. State of Madhya Pradesh, 2023 LiveLaw (SC) 814 : 2023 INSC 839Circumstantial Evidence - In a case resting on circumstantial evidence, the prosecution must establish a chain of unbroken events unerringly pointing to the guilt of the accused and none other. (Para 14) Rajesh v. State of Madhya Pradesh, 2023 LiveLaw (SC) 814 : 2023 INSC 839Certified copy can be produced to prove original sale deed in trial. Appaiya v. Andimuthu @ Thangapandi, 2023 LiveLaw (SC) 811 : 2023 INSC 835Eyewitness account can't be discarded merely because of inconsistencies with medical evidence. Rameshji Amarsingh Thakor v. ...

Supreme Court Weekly Digest [September 18 – 24, 2023]

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