Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [September 25 – 30, 2023]

Citations: 2023 LiveLaw (SC) 822 To 2023 LiveLaw (SC) 843SUBJECT WISE INDEXAbortion'No immediate threat to mother's life; no foetal abnormality' : Supreme Court rejects married woman's plea to abort 26-week pregnancy. X v. Union of India, 2023 LiveLaw (SC) 840AdvocateSupreme Court directs Manipur bar associations to not prevent lawyers of any community from appearing before courts; warns of contempt action. Dinganglung Gangmei v. Mutum Churamani Meetei, 2023 LiveLaw (SC) 837ArbitrationIs an Arbitration Clause in an unstamped agreement enforceable? Supreme Court Refers N.N. Global Mercantile Pvt. Ltd. v. Indo Unique Flame Ltd; 2023 LiveLaw (SC) 343 to a Seven-Judge Bench. Bhaskar Raju and Brothers v. Dharmaratnakara Rai Bahadur Arcot Narainswamy Mudaliar Chattram and Other Charities, 2023 LiveLaw (SC) 828ArmyThe Supreme Court extends disability pension claim of army veteran for 10 years as allowed under pension regulations for the army. Ex L/NK Rajput Ajit Singh v. Union of India, 2023 LiveLaw (SC) 831BailRape and Murder – Delay in Trial – The appellant, convicted of raping and murdering his niece in 1983, remained on bail during the 40-year trial. The High Court declined to suspend his sentence. Held, bail granted considering the delay in trial and the appellant's age (75 years) urging stringent bail conditions. The Court emphasized prioritizing the appellant's appeal and cautioned the appellant, a Bar member, against unnecessary adjournments. Non-compliance could lead to bail cancellation. Appeal allowed on these terms. Banamali Choudhury v. State of West Bengal, 2023 LiveLaw (SC) 836Civil LawRevision petition under Section 115 CPC cannot be entertained against order of trial court rejecting review of decree. Rahimal Bathu v. Ashiyal Beevi, 2023 LiveLaw (SC) 829 : 2023 INSC 861Constitution of IndiaDo MPs/MLAs taking bribe for votes have immunity from criminal law ? The Supreme Court refers to 7-judge bench. Sita Soren v. Union of India, 2023 LiveLaw (SC) 823 : 2023 INSC 856Contract LawCourts should exercise restraint while exercising judicial review in contracts involving complex technical issues. BTL EPC Ltd. v. Macawber Beekay Pvt. Ltd; 2023 LiveLaw (SC) 834Principle of judicial restraint in reviewing contracts that entail complex technical issues - A dispute arose following the award of a subcontract by Bharat Heavy Electricals Limited (BHEL) for the Yadadri Thermal Power Station. The 1st Respondent contended that the Appellant's consortium agreement with a Chinese company breached a 2020 Finance Ministry order concerning bidders from countries sharing a land border with India. The High Court quashed the letter of intent awarded to the Appellant. Held, the Courts should exercise restraint while exercising judicial review in contracts involving complex technical issues. The courts should not act as appellate courts over tender-inviting authorities. Such authorities are best positioned to interpret tender documents, and judicial interference should be restricted to examining arbitrariness or mala fides. Interference in writ appeals should only occur in cases of perversity or error. (Para 36 & 37) BTL EPC Ltd. v. Macawber Beekay Pvt. Ltd; 2023 LiveLaw (SC) 834 : 2023 INSC 864DowryDowry death case - the Supreme Court surprised at HC using the same dying declaration to convict husband while disbelieving it for father-in-law. Phulel Singh v. State of Haryana, 2023 LiveLaw (SC) 833 : 2023 INSC 863Education'No quality education if a student is penalised based on religion' : Supreme court slams UP Govt & police on Muzaffarnagar student slapping. Tushar Gandhi v. State of Uttar Pradesh, 2023 LiveLaw (SC) 843Prescribe minimum marks requirement for languages other than Tamil & English also in Tamil Nadu schools: Supreme Court in linguistic minorities' plea. Linguistic Minorities Forum of Tamil Nadu v. State of Tamil Nadu, 2023 LiveLaw (SC) 839ElectionSupreme Court dismisses PIL seeking independent audit of EVM source codes. Sunit Ahya v. Election Commission of India, 2023 LiveLaw (SC) 824Interstate Water DisputeSupreme Court refuses to interfere with Cauvery Water Regulatory Committee (CWRC) Order directing Karnataka to release 5000 cusecs to Tamil Nadu. State of Karnataka v. State of Tamil Nadu, 2023 LiveLaw (SC) 838Judicial ServiceRecruitment process for Junior Civil Judges - Directed the State to take immediate steps to fill 175 vacant posts - Rejected the State Governments plea to conduct Civil Judge recruitment by Public Service Commission instead of a Selection Committee that includes representatives of the High Court – Held, the High Court is best suited to understand the needs of the judicial service - the Judges of the High Court who participate in the selection process possess domain knowledge, both in the subject matter and the nature of the service. (Para 23) Malik Mazhar Sultan v. U.P. Public Service Commission, 2023 LiveLaw (SC) 832 : 2023 INSC 860Judicial ProprietyCannot ignore the ratio laid down...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [September 25 – 30, 2023]

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