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Supreme Court Weekly Round-Up (8th April-13th April, 2024)
Gyanvi Khanna
14 April 2024 4:13 AM GMT
With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest, dedicated to keeping our readers abreast of the most recent legal developments in the country's apex court. This digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the past week and also the updates...
With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest, dedicated to keeping our readers abreast of the most recent legal developments in the country's apex court. This digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the past week and also the updates of the Constitution Bench hearing on overlapping powers between the Centre and States regarding Industrial Alcohol, providing a succinct overview.
Orders/ Judgments
Commercial Transactions Outside Purview Of Consumer Protection Act 1986: Supreme Court
Case Title: ANNAPURNA B. UPPIN & ORS. VERSUS MALSIDDAPPA & ANR., 2024 LiveLaw (SC) 284
Coram: Justices Vikram Nath and Satish Chandra Sharma
The Supreme Court held that complaints seeking recovery of the investment from which the complainant is deriving benefit in the form of interest cannot be entertained under the Consumer Protection Act of 1986.
Coram: Justices Abhay S Oka and Ujjal Bhuyan
Case Title: A.DURAIMURUGAN PANDIYAN SATTAI @ DURAIMURUGAN Versus STATE REP. BY THE INSPECTOR OF POLICE AND ANR., SLP(Crl) No. 6127/2022
The Supreme Court restored the bail granted to Youtuber A. Duraimurugan Sattai in a case involving allegations of his making derogatory remarks against Tamil Nadu Chief Minister MK Stalin.
Notably, Oka J posed to Sr Adv Mukul Rohatgi (appearing for State) during the hearing, "If before elections, we start putting behind bars everyone who makes allegations on Youtube, imagine how many will be jailed?"
Case Title: Sanjay Singh v. Piyush M. Patel & Anr., Special Leave to Appeal (Crl.) No(s). 2929/2024
Coram: Justices BR Gavai and Sandeep Mehta
The Supreme Court today refused to entertain Aam Aadmi Party (AAP) MP Sanjay Singh's plea against summons issued to him in a defamation case over remarks on PM Modi's academic degree.
Case Details: GOPI SHANKAR M vs. UNION OF INDIA Diary No.- 4315 – 2024
Coram: CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra
The Supreme Court issued a notice in Public Interest Litigation raising the need for central legislation recognising the rights of intersex children and persons. The PIL sought directions to curb sex-reassignment surgeries performed on inter-sex children before they attain the age of majority.
Case Title: ANNAPURNA B. UPPIN & ORS. VERSUS MALSIDDAPPA & ANR., 2024 LiveLaw (SC) 284
Coram: Justices Vikram Nath and Satish Chandra Sharma
Recently, the Supreme Court held that the legal heirs of a deceased partner do not become liable for any liability of the firm upon the death of the partner.
Case Title: Devesh Sharma v. Union of India | Diary No. 4303-2024
Coram: Justices Aniruddha Bose and Sudhanshu Dhulia
In the matter raising the question of Bachelor of Education (B.Ed.) degree holders' eligibility for appointment as primary school teachers, the Supreme Court today clarified that its judgment of August, 2023 shall have prospective application and services of teachers, in whose case the notice of advertisement specified B.Ed. as qualification, shall not be disturbed.
Case Details: Pradeep Rameshwar Sharma vs State of Maharashtra., Diary No. 13604-2024
Coram: Justices Hrishikesh Roy and Prashant Kumar Mishra
The Supreme Court admitted the appeal filed by former Mumbai Police encounter specialist Pradeep Sharma challenging the recent Bombay High Court's order sentencing him to life imprisonment in a fake encounter killing case. The Court also issued notice to the State of Maharashtra on his plea.
Case Title: YASH TUTEJA vs. UNION OF INDIA, W.P.(Crl.) No. 000153 - / 2023 and connected matters
The Supreme Court quashed the money laundering case in relation to the alleged Chhattisgarh liquor scam.
The Court noted that the complaint filed by the Enforcement Directorate (ED) was based on an alleged conspiracy(Section 120B IPC) to commit an Income Tax Act offence, which is not a scheduled offence as per the Prevention of Money Laundering Act(PMLA). Since there is no predicate offence, there are no proceeds of crime. Therefore, there can't be a money laundering offence, the Court observed.
Case Title: STATE OF MAHARASHTRA & ANR. Versus NATIONAL ORGANIC CHEMICAL INDUSTRIES LTD., 2024 LiveLaw (SC) 285
Coram: Justices Sudhanshu Dhulia and PB Varale
Observing that no stamp duty is to be paid on every individual increase in the share capital of the company, the Supreme Court held that if the 'Articles of Association' remained the same and the stamp duty was already paid on the increase in the share capital of the company, then the duty paid on the same very instrument will have to be considered for every subsequent individual increase in the share capital of the company.
Case Title: KARIM UDDIN BARBHUIYA VERSUS AMINUL HAQUE LASKAR & ORS., 2024 LiveLaw (SC) 287
Coram: Justices Aniruddha Bose and Bela M. Trivedi
In a major relief to All India United Democratic (AIUDF) leader and Assam MLA Karim Uddin Barbhuiya, the Supreme Court on Monday (April 08) dismissed the Election Petition filed by the former Assam BJP leader Aminul Haque Laskar (now a member of Congress Party) and others challenging Barbhuiya's 2021 Assembly election from the Sonai Legislative Assembly Constituency in Assam.
Motive Is Insignificant When There Is Direct Evidence Proving The Guilt Of Accused: Supreme Court
Case Title: CHANDAN VERSUS THE STATE (DELHI ADMN.)., 2024 LiveLaw (SC) 288
Coram: Justices Sudhanshu Dhulia and PB Varale
While upholding the accused conviction for committing a day-light murder, the Supreme Court held that if there's a direct ocular piece of evidence inspiring the confidence of the court then the motive behind the commission of the offence would be of little relevance and the prosecution need not prove the motive of the accused in the commission of the crime.
Case Title: KARIKHO KRI vs. NUNEY TAYANG, C.A. No. 004615 / 2023
Coram: Justices Anirudhha Bose and Sanjay Kumar
Holding that candidates contesting elections are not required to disclose each and every moveable property owned by them or their dependents unless they are of substantial value or reflect a luxurious lifestyle, the Supreme Court on Tuesday (April 09) upheld the 2019 election of the Independent MLA Karikho Kri from the Tezu Assembly constituency in Arunachal Pradesh.
Supreme Court To Hear Plea For 100% EVM Votes-VVPAT Verification On April 16
Case Title: Association of Democratic Reforms v. Election Commission of India & Anr. | Writ Petition (Civil) No. 434 of 2023
Coram: Justices Sanjiv Khanna and Dipankar Datta
The Supreme Court clarified that the matter pertaining to Electronic Voting Machine (EVM) data cross-checking against voter-verifiable paper audit trail (VVPAT) records will be heard next Tuesday (April 16).
Supreme Court Permits Jailed UP MLA Abbas Ansari To Attend Father-Mukhtar Ansari's Fatiha Ceremony
Case Title: Abbas Ansari v. The State of Uttar Pradesh, Diary No. 14377/2024
Coram: Justices Surya Kant and KV Viswanathan
The Supreme Court permitted Uttar Pradesh MLA Abbas Ansari to attend a 'Fatiha' ceremony scheduled for April 10 in respect of his father Mukhtar Ansari, a gangster-turned politician who died on March 28 following a cardiac arrest while undergoing sentence of life imprisonment.
Case Title: PATHAPATI SUBBA REDDY (DIED) BY LRS AND ORS vs. SPECIAL DEPUTY COLLECTOR (LA)
Coram: Justices Bela M Trivedi and Pankaj Mithal
While refusing to condone the delay of 5659 days in preferring an appeal, the Supreme Court on Monday (April 08) laid down eight principles by providing harmonious construction to Sections 3 and 5 of the Limitation Act, 1963.
Case Title: KHENGARBHAI LAKHABHAI DAMBHALA vs. THE STATE OF GUJARAT
Coram: Justices Bela M Trivedi and Pankaj Mithal
The Supreme Court held that approaching the High Court under Articles 226/227 of the Constitution for the release of the seized vehicle would not be a proper remedy without approaching the magistrate under Section 451 Code of Criminal Procedure (“Cr.P.C.”).
Case Title: INDIAN MEDICAL ASSOCIATION v. UNION OF INDIA | W.P.(C) No. 645/2022
Coram: Justices Hima Kohli and Ahsanuddin Amanullah
The Supreme Court rejected the second affidavit of apology filed by Patanjali Ayurved and its Managing Director Acharya Balkrishna in the contempt case over the publication of misleading medical advertisements.
Supreme Court Stays Trial In PMLA Case Against Lottery Baron Santiago Martin, Seeks ED's Response
Case Title: S MARTIN v. DIRECTORATE OF ENFORCEMENT., SLP(Crl) No. 4768/2024
Coram: Justices Abhay S. Oka and Ujjal Bhuyan
The Supreme Court has admitted the plea of Santiago Martin, a giant in India's lottery industry, against the Special Court's order refusing to defer his trial in a money laundering case until the disposal of the predicate case registered by the CBI.
The Court has also stayed the trial and has sought the response of the Directorate of Enforcement (ED) in the present appeal. The trial is pending before the Special PMLA Court at Ernakulam, Kerala.
Case Details : RAVI KUMAR GOLHANI vs. THE CHAIRMAN, STATE BAR COUNCIL OF MADHYA PRADESH Diary No.- 14523 - 2024
Coram: Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra
The Supreme Court stayed the Madhya Pradesh High Court order which debarred 10 members of the Seoni District Bar Association from appearing in any court for a period of one month and contesting elections to the Bar Association or Bar Council of the state.
Supreme Court Stays MP Administration's Decision To Deny Permission For Christian Prayer Meet
Case Title: SURESH CARLETONS vs. STATE OF MADHYA PRADESH., Diary No.- 16136 - 2024
Coram: Justices B.R. Gavai, Satish Chandra Sharma, and Sandeep Mehta
The Supreme Court (on April 10) issued notice in the matter challenging the Madhya Pradesh High Court's order affirming the Indore administration's decision to cancel a Christian community prayer meeting scheduled for today.
Coram: Justices Bela M Trivedi and Pankaj Mithal
The Supreme Court, in a 2015 case registered against Congress MLA Sukhpal Singh Khaira under the Narcotic Drugs and Psychotropic Substances Act and the Arms Act, was informed that it would not proceed with the trial.
Case Title : Aminul Haque Laskar v. Karim Uddin Barbhuiya
Coram: Justices Aniruddha Bose and Bela Trivedi
The Supreme Court expressed serious concern over the misuse of social media platforms, where factually incorrect and unfounded statements are made regarding cases which are subjudice. Taking note of a Facebook post published by a party whose case was reserved for judgment, the Court initiated contempt proceedings against him for misleading the public about the court.
Case Title : State of Karnataka vs MN Basavaraja and others., 2024 LiveLaw (SC) 293
Coram: Justices Dipankar Datta and SVN Bhatti,
The Supreme Court recently decided that testimonies from family members of the deceased in dowry death cases should not be dismissed simply because they are considered interested witnesses.
Case Title: KARIKHO KRI vs. NUNEY TAYANG, C.A. No. 004615 / 2023., 2024 LiveLaw (SC) 290
Coram: Justices Aniruddha Bose and PV Sanjay Kumar
The Supreme Court has observed that mere failure to get a transferred vehicle registered in the name of the new owner will not mean that the sale/gift transaction will get invalidated.
Case Title: KIZHAKKE VATTAKANDIYIL MADHAVAN (D) THR. LRS vs. THIYYURKUNNATH MEETHAL JANAKI., 2024 LiveLaw (SC) 293
The Supreme Court held if someone tries to transfer property rights to another person through a legal document but doesn't actually own those rights, the new owner or their successors won't have the legal right to claim those rights from that document.
Supreme Court Expunges Gujarat HC's Adverse Observation Against GST Officials
Case Title: THE STATE OF GUJARAT & ANR. V. PARESH NATHALAL CHAUHAN
Coram: Justices P.S. Narasimha and Aravind Kumar
The Supreme Court expunged the observations made by the Gujarat High Court in an interim order that statutory protection of the good faith clause under Section 157 of the Goods and Services Tax Act may not be available to the GST officers who conducted a search operation in the instant case.
Case Title: RAVISHANKAR TANDON vs. STATE OF CHHATTISGARH., 2024 LiveLaw (SC) 296
Coram: Justices BR Gavai and Sandeep Mehta
To convict an accused based on the statements made under Section 27 of the Evidence Act, the Supreme Court observed that the prosecution must establish the fact that the discovery of the evidence based on the statement made by the accused under Section 27 of the Evidence Act must not be known to anyone before the information was given by the accused.
Case Title: Smt. Najmunisha, Abdul Hamid Chandmiya alias Ladoo Bapu Vs. State of Gujarat, Narcotics Control Bureau
Coram: Justices Aniruddha Bose and Augustine George Masih
The Supreme Court recently (on April 09) overturned the conviction of the accused individuals under the Narcotic Drugs and Psychotropic Substances Act, 1985 (Act), rejecting the interpretation of Section 41 (Power to issue warrant and authorization) put forth by the National Bureau of Narcotics.
In the present case, there was no written information, as stipulated under the Act, with the raiding party before it commenced the search in the accused house. In this context, the Court turned down the National Bureau of Narcotics's contention that there is no need to take down information when it arises from personal knowledge.
Financial Position Of Employer Strong Factor In Fixing Wage Structure Of Employees: Supreme Court
Case Title: The VVF Ltd. Employees Union v. M/s. VVF India Limited & Anr., Civil Appeal Nos. 2744 - 2745 of 2023 (and connected matter)
Coram: Justices Aniruddha Bose and Sanjay Kumar
While setting aside a High Court judgment over an industrial dispute, the Supreme Court recently reiterated that financial capacity of an employer is an important factor which cannot be ignored while fixing wage structure of employees.
Insurance Law| Insurer's Burden To Prove Insured Suppressed Material Facts : Supreme Court
Case Title: MAHAKALI SUJATHA versus THE BRANCH MANAGER, FUTURE GENERALI INDIA LIFE INSURANCE COMPANY LIMITED & ANOTHER., 2024 LiveLaw (SC) 300
Coram: Justices BV Nagarathna and AG Masih
While upholding the insurance claim repudiated by the insurance company on the ground of suppression of policies already held by the insured, the Supreme Court observed that the insurance company failed to discharge the burden of proof to show that the insurer had other policies existing while taking a policy from it.
Case Title: MANISHA MAHENDRA GALA vs. SHALINI BHAGWAN AVATRAMANI
Coram: Justices Pankaj Mithal and Prashant Kumar Mishra
The Supreme Court explained in a recent judgment that a Power of Attorney holder can only depose about the facts within his personal knowledge and not about those facts which are not within his knowledge or are within the personal knowledge of the person who he represents.
Nine Judge Constitution Bench Hearing
Case Details: STATE OF U.P. vs. M/S. LALTA PRASAD VAISH C.A. No. 000151 / 2007 & Other Connected Matters
Coram: Justices Hrishikesh Roy, Abhay S. Oka, B.V. Nagarathna, J.B. Pardiwala, Manoj Misra, Ujjal Bhuyan, Satish Chandra Sharma And Augustine George Masih.
Power Over Industrial Alcohol Reserved For Union, AG Tells Supreme Court [Day 3]
The Supreme Court Constitution Bench last week( on April 4) resumed its third day of hearing the issue relating to the State's power to regulate and levy tax on industrial alcohol. The underlying issue is whether 'intoxicating liquor' over which the States have power, includes 'industrial alcohol'. The Union in its opening arguments countered the earlier contention of the appellants that the term 'liquor' should be given the widest interpretation possible. As per the Union, what is important is to understand simple terms like 'liquor' from the perspective of the framers of the Constitution when interpreting different entries within the 7th Schedule.
During the hearing, the Court questioned the Union's argument that it has exclusive control over 'industrial alcohol', by pointing out that the States may find it necessary to control the illegal conversion of industrial alcohol into alcohol meant for human consumption.
The Union, represented by Solicitor General of India Tushar Mehtaa, submitted that the expression -intoxicating liquor had to be strictly understood as a drinkable beverage, which has an intoxicating impact on human beings, under licensed premises or under a varied license. It was also clarified that 'human consumption' in this context has to mean human 'legitimate' consumption.
News Update
Case Details: ORGANISATION FOR UNAIDED RECOGNISED SCHOOLS ® (OUR SCHOOLS) v. STATE OF KARNATAKA AND ORS., SLP(C) No. 8142/2024
Coram: Justices Bela Trivedi and Pankaj Mithal
The Supreme Court stayed the order passed by the Division Bench of the Karnataka High Court allowing board exams for students of 5, 8, 9, and 11th standard of the schools affiliated to the State Board.
The Court also ordered that the results of the Board Exams declared by any school shall be kept in abeyance and not be taken into consideration for any purpose whatsoever and nor it shall be communicated to the parents if not communicated so far.
Case Title: State of Karnataka v. Union of India and Ors., W.P.(C) No. 210/2024
Coram: Justices BR Gavai and Sandeep Mehta
In a writ petition filed by the Karnataka government alleging that the Centre was denying it financial assistance for drought management, the Attorney General and the Solicitor General told the Supreme Court today that they would get instructions from the Union Government.
Case Title : Frank Vitus v. Narcotics Control Bureau and Ors., SLP(Crl) No. 6339-6340/2023
Coram: Justices Abhay S Oka and Ujjal Bhuyan
In a case involving the question as to whether sharing of Google PIN with Investigating Officer as part of bail conditions violates a person's right to privacy, the Supreme Court today was informed that the appropriate authority to explain the working of Google PIN would be Google LLC, not Google India.
Plea In Supreme Court To Allow Voters Displaced From Manipur To Vote In Lok Sabha Elections
Supreme Court agreed to hear a plea seeking voting facilities in the upcoming elections for eighteen thousand internally displaced persons (IDPs) in the light of the ongoing Manipur crisis.
The counsel for the petitioner, Ms Hetvi Patel had mentioned before the bench headed by CJI DY Chandrachud that 18000 internally displaced persons want to cast their votes in the General Elections of 2024. It was further submitted that the Election Commission of India (ECI) rules permit voting of the IDPs who are within the state.
Chief Justice Of India, DY Chandrachud expressed serious concerns about High Court judges reserving judgments on matters for long periods after completing the hearing.
CJI said that after he wrote to High Court Chief Justices seeking information about the details of cases where judgments have been reserved for over three months, several High Court judges released those matters from their board.
Case Title: Vivek Kumar Gaurav v. Union of India, SLP(C) No.7446/2024
Coram: Justices BR Gavai and Sandeep Mehta
The Supreme Court today issued notice on a petition seeking directions to authorities for free-of-cost supply of chargesheets/final reports to complainants/victims and issuance of notice at pre-trial stage.
For First Time, Supreme Court Recognizes Right To Be Free From Adverse Effects Of Climate Change
CASE TITLE: MK Ranjitsinh And Ors. v. Union of India And Ors. WP(C) No. 838/2019
Coram: CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra
In its first, the Supreme Court, through its judgment dated March 21, has recognized a right to be free from the adverse effects of climate change as a distinct right. The Court said that Articles 14 (equality before law and the equal protection of laws) and 21 (right to life and personal liberty) of the Indian Constitution are important sources of this right.
Case Title: Gautam Navlakha v. National Investigation Agency & Anr. | Special Leave Petition (Criminal) No. 9216 of 2022
Coram: Justices MM Sundresh and SVN Bhatti
The Supreme Court orally told Bhima Koregaon-accused Gautam Navlakha's Advocate, Shadan Farasat, that if house arrest was sought, the surveillance expenses incurred by the National Investigation Agency (NIA) must be paid. However, Farasat submitted that paying the expenses was of no difficulty and that the issue is about calculating such expenses. He added that he would take the latest calculation from the Additional Solicitor General SV Raju, representing the NIA, and will address it.
Delhi CM Arvind Kejriwal Moves Supreme Court Against ED Arrest In Liquor Policy Case
After Delhi High Court's dismissal of his plea yesterday, Delhi Chief Minister Arvind Kejriwal has approached the Supreme Court challenging his arrest by the Enforcement Directorate (ED) in the Delhi Liquor Policy case.
Mentioning the petition before Chief Justice of India DY Chandrachud for urgent listing, Singhvi said, "I have sent an email for urgent listing...the order passed is based on an unrelied document which is suppressed from us".
Case Details: BAR COUNCIL OF INDIA vs. RAHAMATHULLA KOTHWAL T.P.(C) No. 000876 - / 2024
The Supreme Court transferred to itself a pending petition before the Karnataka High Court challenging the Bar Council Of India (BCI) Rules (for qualification/Disqualification and produce for election and code of conduct for the elections of S.B.C/B.C.I.) 2023 (Rules of 2023) on grounds that similar cases with identical issues of conducting free and fair state bar council elections have been transferred to the Top Court.
Case Title: Priyanka Tyagi v. Union of India & Ors., Special Leave to Appeal (C) 3045/2024
It was unfortunate that the Indian Coast Guard was opposing the grant of Permanent Commission for women officers despite the Army, Air Force and Navy inducting women on a permanent basis following Court directions, observed the Supreme Court.
Expressing the intent to decide the issue, the Supreme Court transferred to itself the petition pending in the Delhi High Court.
Case Details : MALEM THONGAM vs. STATE OF MANIPUR W.P.(Crl.) No. 000164 - / 2024
Coram: CJI DY Chandrachud, Justices JB Pardiwala and Manoj Misra
The Supreme Court refused to entertain writ petition filed under Article 32 by transgender activist Ms Malem Thongam who sought to quash the FIRs registered against her for fasting until death to protest against the ongoing Manipur crisis. The Court has given the liberty to approach the Manipur High Court under a section 482 CrPC Petition. Ms Thongam has been fasting unto death since February 27, 2024, with a demand to restore peace and harmony in the State of Manipur.
Case Details: Sandipkumar M Patel & Anr v. State of Gujarat & Ors.
A petition has been filed in the Supreme Court by two practising advocates from Gujarat against whom the Gujarat High Court has directed to lodge an inquiry for alleged misconduct of forging the vakalatnama of their client. The petitioners have sought a stay on the order, contending that such a direction impinged upon their reputation, dignity and right to continue their profession under Article 21 and 19(1)(g) respectively.
Supreme Court To Hear Delhi CM Kejriwal's Challenge Against ED Arrest On April 15
The Supreme Court is scheduled to hear the Delhi Chief Minister Arvind Kejriwal's petition challenging his arrest by the Enforcement Directorate (ED) on Monday (April 15).
The Special Leave Petition (SLP) filed by CM Kejriwal is listed for hearing before the bench of Justices Sanjiv Khanna and Dipankar Datta.
