Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [July 1 – 9, 2023]

SUBJECT WISE INDEXBailAnticipatory Bail - Personal liberty is important, but courts must also consider the gravity of offence & impact on society. Pratibha Manchanda v. State of Haryana, 2023 LiveLaw (SC) 514Central ExciseSelf-assessment of assessee not rendered malafide merely because it was based on a CETSTAT view which was later overturned. Commissioner, Central Excise and Customs v. Reliance Industries Ltd., 2023 LiveLaw (SC) 512Civil LawDispute on apportionment of compensation can only be determined by 'principal civil court of original jurisdiction'. Vinod Kumar v. District Magistrate Mau, 2023 LiveLaw (SC) 511Error which has to be detected by a long drawn process of reasoning is not an 'error apparent on the face of record' for review. Arun Dev Upadhyaya v. Integrated Sales Service Ltd., 2023 LiveLaw (SC) 506Order 41 Rule 22 CPC - Cross objections have all trappings of regular appeal; must be considered in full. Dheeraj Singh v. Greater Noida Industrial Development Authority, 2023 LiveLaw (SC) 493ConstitutionState action even in the contractual realm must abide by Article 14. Madras Aluminum Co. Ltd. v. Tamil Nadu Electricity Board, 2023 LiveLaw (SC) 505Consumer LawManufacturing Defect - the Supreme Court directs Ford India Ltd. to pay Rs. 42 lakhs as compensation to a consumer who purchased a car which had manufacturing defects. Ford India Pvt. Ltd. v. Medical Eleborate Concept Pvt. Ltd., 2023 LiveLaw (SC) 515Criminal LawAttempt to culpable homicide - Conviction under section 308 IPC not sustainable if accused had no intention or knowledge to cause death. Abdul Ansar v. State of Kerala, 2023 LiveLaw (SC) 510Continuing trend of projecting purely civil financial dispute as criminal matter 'extremely disturbing'. Gagan Baba v. Samit Mandal, 2023 LiveLaw (SC) 500Section 180 IPC can't be applied against a person for refusing to sign statement given to police : Supreme Sourt castigates DYSP. Supriya Jain v. State of Haryana, 2023 LiveLaw (SC) 494'Downright Bizarre' : Supreme Court on High Court Judgment resulting in different jail terms for convicts in the same offence. Uggarsain v. The State of Haryana, 2023 LiveLaw (SC) 492Criminal TrialChild Witness- Corroboration of the testimony of a child witness is not a rule but a measure of caution and prudence. A child witness of tender age is easily susceptible to tutoring. However, that by itself is no ground to reject the evidence of a child witness. The Court must make careful scrutiny of the evidence of a child witness. The Court must apply its mind to the question whether there is a possibility of the child witness being tutored. Therefore, scrutiny of the evidence of a child witness is required to be made by the Court with care and caution. (Para 8) Pradeep v. State of Haryana, 2023 LiveLaw (SC) 501EvidenceTrial Courts should make proper preliminary examination of child witnesses before recording their evidence. Pradeep v. State of Haryana, 2023 LiveLaw (SC) 501Forest Right of forest inhabitants for claims against eviction to be heard by forest officer not limited to recogonized forest communities. Hari Prakash Shukla v. State of Uttar Pradesh, 2023 LiveLaw (SC) 507ImportThe Supreme Court has upheld the decision of the Delhi High Court who had set aside the increased quota allocated for import of raw pet-coke (RPC) based on the “Consent to Operate” (CTO) issued to the importer recording an enhanced production capacity, after the top court’s order dated 09.10.2018. The bench remarked that the Andhra Pradesh Pollution Control Board (APPCB) had issued the CTO for the additional quantity after the Supreme Court’s order dated 09.10.2018, where it had fixed the outer limit for import of RPC based on the total production capacity of the entities existing on the said date. The court said that since the appellant/ importer’s additional capacity was created after the Supreme Court’s order dated 09.10.2018, the same could not have been considered by the court. Sanvira Industries v. Rain CII Carbon (Vizag) Ltd., 2023 LiveLaw (SC) 497Industrial Disputes'After allowing workmen to work for 2 decades, management cannot challenge the award': Supreme Court allows appeal of FCI workers. FCI Executive Staff Union v. Employer, Management of FCI, 2023 LiveLaw (SC) 491Interpretation of StatutesThe first and foremost rule of construction is the literal construction. All that the Court has to see at the very outset is what does the provision state. If the provision is unambiguous and from the provision the legislative intent is clear, the Court need not call into aid the other rules of construction of statute. The other rules of construction are called into aid only when the legislative intent is not clear The other rules of interpretation, for example, the mischief rule/ purposive construction, etc. can only be resorted to when the plain words of a statute are ambiguous or lead to no intelligible results or if read literally would nullify the very object of the statute. Where ...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [July 1 – 9, 2023]

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