Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [August 1 – 6, 2023]

SUBJECT WISE INDEXAdvocateThe Supreme Court vacated a stay order in a 16-year-old criminal appeal as it pulled up the appellant-lawyer for seeking repeated adjournments. Gulshan Bajwa v. Registrar, High Court of Delhi, 2023 LiveLaw (SC) 608Litigants should not be made to suffer because of the advocate's fault in withdrawing a complaint by mistake. Ashok Kumar v. New India Assurance Co. Ltd., 2023 LiveLaw (SC) 587 : 2023 INSC 659ChequeCheque Dishonour - Concurrent sentencing rule only when cases arise out of a single transaction. K. Padmaja Rani v. State of Telangana, 2023 LiveLaw (SC) 584Contempt of CourtSupreme Court imposes cost on State of U.P. for delay in complying with direction for premature release of 4 convicts. Mahendra v. Rajesh Kumar Singh, 2023 LiveLaw (SC) 588Corruption Prevention of Corruption Act - HC cannot reverse special court findings on validity of sanction unless it finds that failure of justice had occurred. State of Karnataka Lokayukta Police v. S. Subbegowda, 2023 LiveLaw (SC) 595 : 2023 INSC 669Criminal Law'Trivial' : Supreme Court quashes 2014 criminal case over petty office altercation. Sunil Kumar v. State of U.P., 2023 LiveLaw (SC) 606 : 2023 INSC 668The Supreme Court reduced the sentence awarded to a woman for assaulting a government official during a laborer's protest 30 years ago. Razia Khan v. State of M.P., 2023 LiveLaw (SC) 605 : 2023 INSC 667Judge also has a public duty to see that the guilty man does not escape : the supreme court upholds the conviction of a man for killing wife. Wazir Khan v. State of Uttarakhand. 2023 LiveLaw (SC) 601 : 2023 INSC 674A Judge does not preside over a criminal trial merely to see that no innocent man is punished. This Court proceeded to observe that a Judge also presides to see that a guilty man does not escape. Both are public duties. The law does not enjoin a duty on the prosecution to lead evidence of such character, which is almost impossible to be led, or at any rate, extremely difficult to be led. The duty on the prosecution is to lead such evidence, which it is capable of leading, having regard to the facts and circumstances of the case. Wazir Khan v. State of Uttarakhand. 2023 LiveLaw (SC) 601 : 2023 INSC 674Section 202(1) Cr.P.C. - Magistrate has to examine witnesses named in the complaint before dismissing the complaint u/Sec 203 Cr.P.C. Dilip Kumar v. Brajraj Shrivastava, 2023 LiveLaw (SC) 597 : 2023 INSC 670DefamationAllegations in complaint made in good faith to lawful authority cannot attract offence of defamation. Kishore Balkrishna Nand v. State of Maharashtra, 2023 LiveLaw (SC) 602 : 2023 INSC 675ElectionSupreme Court stays conviction of congress leader Rahul Gandhi in 'modi-thieves' defamation case which disqualified him as MP. Rahul Gandhi v. Purnesh Ishwarbhai Modi, 2023 LiveLaw (SC) 598EnvironmentRegistration of all BS VI compliant diesel vehicles is allowed to be done in NCT Delhi, irrespective of their requirement for the g-20 summit. M.C. Mehta v. Union of India, 2023 LiveLaw (SC) 607Whether ESI Act excludes NGT jurisdiction? Supreme Court leaves question of law open while affirming NGT award on gas leak compensation. Rourkela Steel plant v. Odisha Pollution Control Board, 2023 LiveLaw (SC) 593ESI Pathological labs in Kerala covered under ESI Act from 2007 & not 2002 : Supreme Court dismisses ESIC appeal. E.S.I. Corporation v. Endocrinology and Immunology Lab, 2023 LiveLaw (SC) 600EvidenceCircumstantial Evidence - Cases are frequently coming before the Courts where the husbands, due to strained marital relations and doubt as regards the character, have gone to the extent of killing the wife. These crimes are generally committed in complete secrecy inside the house and it becomes very difficult for the prosecution to lead evidence - No member of the family, even if he is a witness of the crime, would come forward to depose against another family member - If an offence takes place inside the four walls of a house and in such circumstances where the assailants have all the opportunity to plan and commit the offence at the time and in the circumstances of their choice, it will be extremely difficult for the prosecution to lead evidence to establish the guilt of the accused, if the strict principle of circumstantial evidence, is insisted upon by the Courts. Wazir Khan v. State of Uttarakhand. 2023 LiveLaw (SC) 601 : 2023 INSC 674Newspaper reports only hearsay evidence, extra-judicial confession has no greater credibility because newspapers reported. Dinesh B.S v. State of Karnataka, 2023 LiveLaw (SC) 594IBCNCLAT can 'recall' its judgment, can't 'review' them: Supreme Court affirms NCLAT ruling. Union Bank of India v. Financial Creditors, 2023 LiveLaw (SC) 589Insurance'Breach of condition must be fundamental to deny insurance claim altogether': Supreme Court directs insurer to award 75% claim in vehicle theft case. Ashok Kumar v. New India Assurance Co. Ltd., 2023 LiveLaw (SC) 587 : 2023 INSC 659Lawyer's FaultComplaint...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [August 1 – 6, 2023]

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