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Supreme Court Weekly Round-Up: Aug 28- 3rd Sept
Suraj Kumar
5 Sep 2023 5:05 AM GMT
Judgment/OrdersMotor Accident Claims - Social Status Of Deceased To Be Considered If There's No Definite Proof Of Income: Supreme CourtCase title: Kubrabibi v. Oriental InsuranceCitation: 2023 LiveLaw (SC) 697In its judgment, the Supreme Court highlighted that when dealing with cases involving individuals employed in the unorganized sector, it is crucial to consider the notional income based...
Judgment/Orders
Case title: Kubrabibi v. Oriental Insurance
Citation: 2023 LiveLaw (SC) 697
In its judgment, the Supreme Court highlighted that when dealing with cases involving individuals employed in the unorganized sector, it is crucial to consider the notional income based on their social status. The Court emphasized that even in the absence of concrete proof of income, the notional income should be taken into account, especially when the claimants are dependents of the deceased.
Case title: Phool Mohd. v. Executive Engineer, Electricity Urban Distribution, Dakshinanchal Vidyut Vitran Nigam Limited
Citation: SLP(C) No. 004268 - / 2022
The Supreme Court on Monday(August 28) imposed a cost of 2 lakh on the Dakshinanchal Vidyut Vitran Nigam Limited (a state undertaking distributing electricity power in Uttar Pradesh) while dismissing its challenge to a Labour Court award passed for paying salary arrears to a workman.
The Court directed the corporation to pay the workman a sum of Rs.10,54,311/- towards salary arrears from 22.12.1995 till 21.09.2006 along with 11% interest till the date of payment. Further, the Corporation was asked to pay a cost of Rs 2 lakhs.
Case title: Ilvarasan v. Superintendent of Police
Citation: SLP(Crl) No. 006534 - / 2023
Upholding the fundamental right of a person to choose a life partner, the Supreme Court on Monday (August 28) overruled a Madras High Court judgment which held that the marriages performed in the offices of the Advocates are not valid as per the Hindu Marriage Act 1955.
Case title: S K Khaja v. State of Maharashtra
Citation: 2023 LiveLaw (SC) 715
The Supreme Court observed that a conviction of an accused under Section 307 IPC (attempt to murder) can be sustained even if the injuries sustained by the complainant were very simple in nature.
What is important is an intention coupled with the overt act committed by the appellant/accused, the bench of Justices Bela M. Trivedi and Dipankar Datta said.
Case title: State Bank of India v. A.G.D. Reddy
Citation: 2023 LiveLaw (SC) 719
The Supreme Court recently held that the burden of proof in disciplinary proceedings depends on the specific nature of the charge leveled against the respondent and the explanation they provide.
It observed “It is well settled that, in a disciplinary proceeding, the question of burden of proof would depend upon the nature of the charge and the nature of the explanation put forward by the respondent. In a given case, the burden may be shifted to the respondent depending upon the explanation”
Case title: State of Punjab vs Shika Trading Co.
Citation: 2023 LiveLaw (SC) 721
The Supreme Court observed the adverse remarks should not be passed against public officials unless absolutely necessary.
"Remarks by a court should at all times be governed by the principles of justice, fair play and restraint - Words employed should reflect sobriety, moderation and reserve.", the bench of Justices Abhay S. Oka and Sanjay Karol observed.
Case: M Sivadasan (Dead) through LRs v. A.Soudamini (Dead) through LRs and others
Citation: 2023INSC774
The Supreme Court has reiterated that for a Hindu female to claim rights under Section 14 of the Hindu Succession Act 1956, she has to be in possession of the property.
Section 14 states that the property of a female Hindu will be her absolute property. "Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner", Section 14(1) says.
Case Title: Assistant Provident Fund Commissioner V. M/S G4s Security Services (India) Ltd. & Anr.
Citation: 2023 LiveLaw (SC) 722
The Supreme dismissed an appeal by the Assistant Provident Fund Commissioner against an order of a division bench of the Punjab and Haryana High Court holding that when the term ‘basic wage’ has been described under Section 2(b) of the Employee Provident Fund Act 1952, there is no need to make a reference to definition of ‘minimum rate of wages’ under Section 4 of the Minimum Wages Act, 1948 to give it a more expansive meaning.
Supreme Court Invokes Article 142 Powers To Reinstate English Lecturer In College
Case Title: Vijaya Bhiku Kadam v. Mayani Bhag Shikshan Prasarak Mandal & Ors., 2023INSC775
Citation: 2023 LiveLaw (SC) 723
A Division Bench of the Supreme Court, while hearing an appeal challenging Bombay High Court order, invoked its inherent powers under Article 142 of the Indian Constitution to reinstate the appellant to the post of lecturer in English.
“Therefore, for doing substantial justice this is a fit case where we should invoke our power under Article 142 of the Constitution of India to continue her appointment on full-time basis.
Case title: Mina Pun v. State of UP
Citation: 2023 LiveLaw (SC) 724
The Supreme Court observed that if the accused were not informed about their right to be searched before a Magistrate or a Gazetted officer, it is a violation of the safeguard provided by Section 50 of the NDPS Act.
Case Title: State Of Andhra Pradesh v. Play Games 24 And 7 Private Limited
Citation: 2023 LiveLaw (SC) 724
The Supreme Court on Monday directed the Andhra Pradesh High Court to consider afresh issues relating to online rummy in light of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 notified by the Central Government.
Case title: Dhondubai v. Hanmantappa Bandappa Gandigude
Citation: 2023 LiveLaw (SC) 725
The Supreme Court observed that the insurance company is not liable if the claimant was traveling in the trailer attached to the tractor, which was not insured though tractor was insured.
When a tractor and trailer are involved, both the tractor as well as the trailer are required to be insured, the bench of Justices observed.
Case Title: National Commission For Homeopathy V. Swanirbhar Homeopathic Medical College Sanchalak Mahamandal Gujarat State & Ors.
Citation: 2023 LiveLaw (SC) 726
The Supreme Court recently deprecated the practice of directing admission to educational institutions by way of interim orders, while considering a Special Leave Petition against an interim order of the Gujarat High Court that had directed the National Commission For Homeopathy to admit students in vacant seats of the Swanirbhar Homeopathic Medical College Sanchalak Mahamandal, an association of self-financed homeopathy colleges in Gujarat, until disposal of the writ petition.
Case title: R vs S
Citation: 2023 LiveLaw (SC) 727
The Supreme Court observed in a recent judgment that keeping the parties together despite the irretrievable breakdown of marriage amounts to cruelty on both sides.
Continued bitterness, dead emotions and long separation, in the given facts and circumstances of a case, can be construed as a case of “irretrievable breakdown of marriage", the bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia observed while invoking its power under Article 142 of Constitution to dissolve a marriage.
Case title: Bharwad Sanotshbhai Sondabhai v. State of Gujarat
Citation: 2023 LiveLaw (SC) 728
In a recent order, the Supreme Court expressed surprise at an order passed by the Gujarat High Court granting bail to an accused in a murder case on the basis of a 'settlement' between him and the original complainant(son of the deceased victim).
The Court raised questions about the appropriateness of allowing personal settlements in serious criminal cases of such magnitude and the implications of granting bail based on an individual's lack of prior convictions for serious offenses.
Case title: Zunaid vs State of UP
Citation: 2023 LiveLaw (SC) 730
The Supreme Court observed that on the receipt of the final report, Magistrate can exercise his discretion to treat protest petition as a complaint case.
The court added that even in a case where the final report of the police under Section 173 is accepted and the accused persons are discharged, the Magistrate has the power to take cognizance of the offense on a complaint or a Protest Petition on the same or similar allegations even after the acceptance of the final report.
Case Title: Abhishek v. State of Madhya Pradesh
Citation: 2023 LiveLaw (SC) 731
The Supreme Court recently quashed the criminal proceedings initiated at the instance of a wife against her in-laws for the offense of cruelty under Section 498A of the Indian Penal Code after noting that the allegations were "mostly general and omnibus in nature".
Case Title: Abhishek v. State of Madhya Pradesh
Citation: 2023 LiveLaw (SC) 731
The Supreme Court recently clarified that the High Courts can quash an FIR even if chargesheet was filed while the petition filed under Section 482 CrPC was pending.
"It is well settled that the High Court would continue to have the power to entertain and act upon a petition filed under Section 482 Cr.P.C. to quash the FIR even when a chargesheet is filed by the police during the pendency of such petition", observed a bench comprising Justices Aniruddha Bose, Sanjay Kumar and SVN Bhatti.
Case title: Niranjan Das @ Niru Das @ Mahanto vs State of WB |
Citation: 2023 LiveLaw (SC) 732
The Supreme Court observed that a legal aid advocate appointed to represent the accused should be given reasonable time to go through the file and get ready to assist the Court.
The object of appointing an advocate to espouse the cause of the appellant who was unrepresented was to ensure that justice is done to him, the bench of Justices Abhay S Oka and Pankaj Mithal said.
Case Title: Punjab National Bank V. M.L. Kalra (D) Thr. Lrs. & Anr.
Citation: 2023 LiveLaw (SC) 733
The Supreme Court recently set aside the order of a division bench of the Delhi High Court that had quashed the disciplinary action initiated by Bank of India (later amalgamated with Punjab National Bank) against a delinquent Bank Manager. Disciplinary action was initiated against the respondent for sanctioning a loan that later became a Non-Performing Asset (NPA) causing huge losses to the bank
Case Title: Employees Provident Fund Organization v. Fanendra Harakchand Munot
Citation: 2023 LiveLaw (SC) 734
The Supreme Court recently held that the Commissioner and employees of the Employees Provident Fund Organization (EPFO) must ensure that they comply with the timelines under the Insolvency and Bankruptcy Code, 2016. The Apex Court also stated that in case of failure to comply with the timelines, action must be taken against erring employees
Supreme Court Upholds Disciplinary Action Against Advocate Who Was Running Taxi Service
The Supreme Court recently upheld the disciplinary action taken by the Bar Council of India(BCI) against an advocate who was running a taxi service. The advocate was barred from practice for one year due to his professional misconduct.
Case Title: Revanasiddappa vs. Mallikarjun C.A. No. 2844/2011 and connected cases
Citation: 2023 LiveLaw (SC) 737
The Supreme Court on Friday (September 1) pronounced a judgment recognizing the rights of children born out of invalid marriages in their parents' share in Hindu joint family property.
The Court held that children born out of void/voidable marriages are entitled to inherit a share in the property of their deceased parents which would have been allotted to them on a notional partition of the Hindu coparcenary property. However, such children are not entitled to the properties of any coparcener other than their parents.
The Court clarified that this ruling is applicable only to Hindu joint family properties governed by Hindu Mitakshara law.
Case Title: STATE OF HARYANA v. DHARAMRAJ,
Citation: 2023 LiveLaw (SC) 739
“The respondent, without first successfully assailing the order declaring him as a proclaimed offender, could not have proceeded to seek anticipatory bail. Looking to the factual prism, we are clear that the respondent’s application under Section 438, CrPC should not have been entertained, as he was a proclaimed offender”, observed the bench comprising Justices Ahsanuddin Amanullah and SVN Bhatti (State of Haryana v. Dharamraj).
Case title: Derha v. Vishal
Citation: 2023 LiveLaw (SC) 740
Tried and tested many times over, the issue of succession to Mitakshara coparcenary property continues to raise its head time and again like an undying Hydra of Lerna, the Supreme Court remarked while disposing of a civil appeal
The court noted that in Gurupad Khandappa Magdum vs. Hirabai Khandappa Magdum and others [(1978) 3 SCC 383], it was observed that in order to ascertain the shares of the heirs in the property of a deceased coparcener, the first step is to ascertain the share of the deceased himself in the coparcenary property.
Case Title: Pallavi v. Union Of India, Writ Petition (Civil) No(S). 642 Of 2023
Citation: 2023 LiveLaw (SC) 741
The Supreme Court recently granted relief to a candidate who was aggrieved by the rejection of her candidature as an Overseas Citizen of India(OCI) card holder by the All India Institute of Medical Sciences (AIIMS). Finding the rejection of her application as an OCI candidate to be illegal, the Court directed her to be considered in the remaining counseling rounds by the AIIMS and other NEET-PG Medical seats.
The Court further held that all those who had obtained OCI cards before 04.03.2021 are entitled to similar benefits in the NEET-PG admission process.
Case title: Archana v. State of West Bengal
Citation: 2023 LiveLaw (SC) 742
The Supreme Court observed that the power under Section 323 CrPC may be invoked by the Magistrate even after the deposition or the examination-in-chief of a witness.
The key requirement for the invocation of the power under Section 323 is that the learned Magistrate concerned must feel that the case is one that ought to be tried by the Court of Sessions, the bench of Justices MM Sundresh and JB Pardiwala observed
Case Title: Satbir Singh v. State of Haryana & Ors
Citation: 2023 LiveLaw (SC) 743
The Court quoted a precedent that held that the power under Section 311 CrPC should be invoked when ‘… it is essential for the just decision of the case.’
The Court reiterated the established position of law that Section 311, (Power to summon material witness, or examine person present) of the Code of Criminal Procedure, 1973 (CrPC), should be invoked only for the ends of justice and it should be exercised with caution and circumspection. Recall is not a matter of course and the discretion given to the court has to be exercised judicially to prevent failure of justice.
Case title: Revanasiddappa v. Mallikarjun
Citation: 2023 INSC 783
The Supreme Court, while holding that a child born from a void or a voidable marriage is entitled to parents' share in a Hindu Undivided Family(HUF) governed by Mitakshara law, clarified that such a child cannot be treated as coparcener by birth in the HUF.
"If a person born from a void or voidable marriage to whom legitimacy is conferred by sub-sections (1) or (2) of Section 16 [of the Hindu Marriage Act 1955] were to have an interest by birth in a Hindu Undivided Family governed by Mitakshara law, this would certainly affect the rights of others apart from the parents of the child.", the bench comprising CJI DY Chandrachud, Justices JB Pardiwala and Manoj Misra observed.
The Supreme Court recently upheld a decision of the Bar Council of India to suspend an advocate for 5 years for gross professional misconduct after it was revealed that he had acquired a General Power of Attorney from his own client in a property-related case and subsequently sold the property.
News Updates
Case Title: HARISHANKAR & ANR v. THE STATE OF CHHATTISGARH & ORS.,
Citation: SPECIAL LEAVE PETITION (CIVIL) Diary No. 35325/2023
In a temporary relief to Bachelor of Education (B.Ed) degree holders in Chhattisgarh, the Supreme Court recently stayed an order of the Chhattisgarh High Court which excluded B.Ed candidates from the recruitment process for Assistant Teachers.
The High Court had passed the order relying on the recent Supreme Court judgment in Devesh Sharma v. Union of India 2023 LiveLaw (SC) 633 which held that B.Ed candidates are not eligible to be appointed as Primary School Teachers as the qualification prescribed for the said post is diploma in elementary education (D.El.Ed.)
Supreme Court Refuses To Interfere With P&H HC Stay On Wrestling Federation Of India Elections
Case: ANDHRA PRADESH AMATEUR WRESTLING ASSOCIATION v.HARYANA WRESTLING ASSOCIATION AND ORS.
Citation: Diary No. 33632-2023
The Supreme Court on Tuesday (August 29) refused to interfere with the order of the Punjab and Haryana High Court which stayed the elections of the Wrestling Federation of India (WFI).
Supreme Court Refuses To Entertain Plea Challenging Selection Process Of ED Director
Case title: Common Cause v. Union of India
Citation: Writ Petition(s)(Civil) No(s). 843/2023
The Supreme Court on August 25 refused to entertain a petition challenging the process of appointment of the Director of the Directorate of Enforcement (ED) and allowed the petition to be withdrawn.
Case Title: Lijesh M.J @ Lijeesh Mullezhath V. State of Kerala Represented by Director, Directorate of Culture & others
Citation: SLP (C) No. 18559/2023
The Supreme Court on Monday dismissed a special leave petition filed by Malayalam Cine Director Lijeesh M.J against the order of a Division Bench of the Kerala High Court dismissing his plea seeking to set aside the declaration of Kerala State Awards For Malayalam Films & Writings On Cinema 2022. The Division Bench had upheld the order of dismissal by a single bench of the High Court that had found the plea to be 'frivolous'.
Fake Website Of Supreme Court Created For Phishing Attack: SC Registry Issues Public Alert
The Supreme Court has issued a public alert about a fake website of the Supreme Court that had been created for a phishing attack.
In a public notice, the Supreme Court strongly advised the public at large, to neither click nor share on links they receive without verifying the authenticity. The Court further stated that it doesn’t seek any personal information, financial information, or confidential information from any person.
Case Details: Chinnam Sai Yasaswini & Ors. v. Union of India & Ors.
Citation: Writ Petition (Civil) No. 916 of 2023
The Supreme Court on Thursday refused to entertain a petition challenging the Telangana government’s newly introduced policy of 100 percent reservation for local candidates in 'competent authority quota' in medical colleges established after June 2014
While the bench ultimately agreed to grant an adjournment after noting her reluctance, Justice Nagarathna gently scolded her for not being aware of the facts of the matter. Smiling, the judge said –
“You didn’t bring the files? In small cases like this, you must argue. Otherwise, when will you start arguing, hmm? Do not become only an adjournment counsel or a pass-over counsel. You must become a counsel – an ‘arguing counsel, or a ‘main counsel’ yourself, and eventually a senior counsel.”
Case Title: Satyendar Kumar Jain v. Directorate of Enforcement
Citation: Special Leave Petition (Criminal) No. 6561 of 2023
Supreme Court judge Justice Prashant Kumar Mishra recused himself on Friday from hearing a bail plea of Aam Aadmi Party leader and former Delhi government cabinet minister Satyendar Jain in a money laundering case. Jain was arrested by the Enforcement Directorate in May 2022 and was granted interim bail due to medical reasons earlier this year.
Case Title: Bilkis Yakub Rasool v. Union of India & Ors.
Citation: Writ Petition (Criminal) No. 491 of 2022
The Supreme Court on Thursday asked whether the non-payment of the fine imposed as a part of the sentence would have an effect on the remission of the convicts in the Bilkis Bano case. This question was posed to Senior Advocate Sidharth Luthra, when he informed the bench that recently, the full amount owed by the convict he is representing, has been paid to a sessions court in Mumbai.
The court's directives sought to streamline legal proceedings, provide access to justice, and facilitate the probe being conducted by an all-women committee comprising retired high court judges that was created to look into the humanitarian aspects of relief, remedial and rehabilitation measures, and restoration of homes and places of worship in the violence-hit northeastern state. Notably, apart from directing the union government to bear the expenses associated with this committee's work, including administrative costs and accommodations, the Supreme Court has also asked the Ministry of Electronics and Information Technology (MEITY) to ensure the expeditious creation of an online platform where people can submit relevant material and information for the committee's consideration
The first limb of the arguments raised by the AG was that the law does not compel one to do what one cannot perform. In this context, he stated that since the Constituent Assembly had already dissolved, the President could no longer be compelled to take its recommendation for the abrogation of Article 370 under Article 370(3). He asserted that the action of taking the Constituent Assembly's recommendation was impossible now but it could not have the effect of paralysing the President's power and causing the substantive part of Article 370(3) to become otiose.
Case Details: Gautam Navlakha v. National Investigation Agency & Anr.
Citation: Special Leave Petition (Criminal) No. 9216 of 2022
The Supreme Court on Friday doubted its November 2022 order allowing human rights activist and Bhima Koregaon-accused Gautam Navlakha to be released from detention and placed under house arrest on grounds of his deteriorating health. Such an order, the court orally observed, might set the 'wrong precedent'
The Supreme Court today directed the Government of India and the State Government of Manipur to ensure the distribution of basic supplies such as food, medicines, and other essentials to those affected by the Manipur violence. The bench comprising CJI DY Chandrachud and Justice JB Pardiwala also directed for the blockades preventing rations to reach the people to be dealt with and urged the government to explore all options to do the same, including air-dropping rations to the people.
Case title: UT of Ladakh v. J&K National Conference
Citation: SLP(C) No. 18727/2023
The Supreme Court on Friday reserved judgment on the petition filed by the Union Territory of Ladakh opposing the allotment of the 'plough' symbol for the Jammu and Kashmir National Conference (JKNC) party for the upcoming Ladakh Autonomous Hill Development Council (LAHDC) elections in the Kargil region. The Ladakh Administration has filed a special leave petition challenging the direction passed by the High Court of Jammu & Kashmir & Ladakh to notify the 'plough' symbol for JKNC.
Case Details: Gautham Gowda M & Anr. v. Union of India & Anr.
Citation: Writ Petition (Civil) No. 882 of 2023
The Supreme Court on Friday refused to entertain a public interest litigation (PIL) petition accusing Congress party leaders and their agents of distributing plastic gift cards to voters across several constituencies during the run-up to the 2023 Karnataka assembly elections. This plea was filed by two unsuccessful candidates who fought the recent elections on a Bharatiya Janata Party (BJP) ticket
Supreme Court Hears Meitei Christian Community's Plea Regarding Destruction Of Churches In Manipur
The Supreme Court on Friday considered a petition filed by Meitei Christian Churches Council, Manipur (MCCCM) highlighting the destruction of churches during the ongoing ethnic clashes in the region.
Case Details: Mathew Samuel & Ors. v. State of Uttar Pradesh & Ors.
Citation: Special Leave Petition (Criminal) No. 10187 of 2023
The Supreme Court on Friday issued notice on a plea by the chairperson of Broadwell Christian Hospital Society in Uttar Pradesh’s Fatehpur and others accused in a forceful religious conversion case. The Court also granted petitioners protection from any coercive action in the interim.
Case Title: State Of Karnataka By Its Chief Secretary v. State Of Tamil Nadu State By Its Chief Secretary
Citation: MA 3127/2018 in C.A. No. 2453/2007
The Cauvery Water Management Authority (CWMA) in an affidavit filed on Thursday (31st August) has told the Supreme Court that it has been informed by the State of Karnataka that a total of 149898 cusec of water has been discharged at Biligundulu from 12.08.2023 to 26.08.2023.
The Supreme Court on Friday directed the Chief Justice of the High Court of Patna to take a look into certain irregularities in uploading an order of the High Court. The Top Court said that the issue raised 'serious concerns and directed the High Court Chief Justice to take necessary steps in this regard.
Case Title: Srirangam Koil Miras Kainkaryaparagal Matrum Athanai Sarntha Koilgalin Miraskainkaryaparargalin Nalasangam v. The State Of Tamil Nadu
Citation: SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 8693/2023
The Supreme Court recently sought the response of the state of Tamil Nadu regarding the transfer of temple Archaka(pujari/priest) from one Agamic Temple to another Agamic Temple and the role required to be played by the appointing authority, in the absence of an elected trustee.
Case Details: State of Uttar Pradesh v. Maulana Kaleem Siddiqui
Citation: Special Leave Petition (Criminal) No. 5442 of 2023
The Supreme Court granted a one-time modification of a bail condition preventing Islamic scholar Kaleem Siddiqui from leaving the National Capital Region (NCR) of Delhi on account of his brother’s death, allowing him to travel to his native village in Muzaffarnagar district in Uttar Pradesh.
Case Title: State Of Andhra Pradesh V. Play Games 24 And 7 Private Limited, SLP(C) No. 19057-19059/2023
Citation: 2023 LiveLaw (SC) 724
The Supreme Court on Monday directed the Andhra Pradesh High Court to consider afresh issues relating to online rummy in light of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 notified by the Central Government.
The Supreme Court on Friday (25.08.2023) permitted former Member of Parliament (MP) and Rashtriya Janata Dal (RJD) leader Prabhunath Singh who was convicted in a double murder case of 1995 by the Apex Court on 18th August 2023 to appear virtually to be heard on the question of his sentence.
In its judgment dated 18th August, the Court had directed Singh be produced before the Court on 01.09.2023 by the Secretary, Department of Home, State of Bihar and the Director General of Police, Bihar. However, on an application by Singh, the order was modified.
The Supreme Court on Monday asked the Attorney General for India to look into decision of Jammu and Kashmir Education Department to suspend a lecturer, who had argued in the Article 370 matter before the Constitution Bench last week.
Prison Reforms: Supreme Court Seeks Responses Of Centre, States On Suggestions Of SC-Committee
The Supreme Court on Tuesday took on record the report submitted by the Supreme Court Committee on prison reforms and sought the responses of the Union Government and all State Governments.
The Court said that it should be assisted on the issues of women and children in detention, transgender prisoners, and death row convicts on the next date of hearing. The Court also noted that there are other issues like availability of medical facilities to inmates in jails, vocational training, availability of IT, and infrastructure in jail premises for assisting visitation rights.
Case Details: Arvind Kejriwal v. State Of Uttar Pradesh
Citation: Special Leave Petition (Criminal) No. 1898 of 2023
The Supreme Court on Tuesday adjourned the hearing of a plea by Aam Aadmi Party (AAP) leader and Delhi Chief Minister Arvind Kejriwal seeking to be discharged in a criminal case arising out of his controversial ‘Khuda believers’ remark, granting him four weeks' file to file a rejoinder to the State's counter-affidavit.
The Supreme Court, on the eleventh day(August 28) of the Constitution Bench proceedings in the Article 370 pleas, asked the Union Government if the action of downgrading the State of Jammu and Kashmir as a Union Territory was really consistent with the federal doctrine.
In a significant development during the twelfth day of the Constitution Bench hearing in the Article 370 case, the Supreme Court asked the Union Government to provide a time frame or roadmap for the restoration of the statehood of Jammu and Kashmir (J&K).
The Supreme Court disposed of a plea against a recent demolition drive carried out by railway authorities near the Krishna Janmabhoomi in Mathura on Monday. While it declined a request to grant interim protection by extending an earlier status quo order, a three-judge bench of Justices Aniruddha Bose, Sanjay Kumar, and SVN Bhatti permitted the residents sought to be evicted to approach the local court currently hearing a suit over the ownership of the disputed land.
Case Title: Gene Campaign & Anr. v. Union of India & Ors.
Citation: Writ Petition (Civil) No. 115 of 2004
The Supreme Court on Tuesday deferred the consideration of the Centre’s plea for the withdrawal of an oral undertaking made to the court in November last year pledging to maintain the status quo on the release of genetically modified (GM) mustard. This undertaking was made before a bench headed by Justice Dinesh Maheshwari who has since retired. The central government's recent application will be heard on September 26.
On the eleventh day of the Supreme Court proceedings concerning the abrogation of Article 370 of the Constitution, the Supreme Court orally remarked that Article 35A, which provided special rights and privileges to permanent residents of Jammu and Kashmir (J&K), had the effect of taking away three fundamental rights of Indian citizens, namely, Article 16(1) (equality of opportunity for employment under the State), erstwhile Article 19(1)(f) (right to acquire immovable property, which is now provided under Article 300A) and Article 19(1)(e) (right to reside and settle in any part of India)
Case Details: Ek Soch Ek Paryas v. Union of India
Citation: Special Leave Petition (Civil) No. 16942 of 2023
The Central Government has filed a fresh affidavit in the Bihar caste survey case withdrawing the earlier affidavit which said "No other body under the Constitution or otherwise is entitled to conduct the exercise of either census or any action akin to census".
In a second affidavit filed today evening, the Centre said that the above paragraph had "inadvertently crept in".
The Supreme Court today ruled that advocates, being officers of the court, should abstain from undertaking or volunteering to solemnize 'self-respect marriages' as per the Hindu Marriage Act 1955 (as applicable to the State of Tamil Nadu) in their professional capacity. However, they may stand as witnesses for marriages in their personal capacities as friends or relatives.
Can Accused Seek Default Bail If Chargesheet Filed Is Incomplete? Supreme Court Seeks CBI's View
Case title: Yatin Yadav v. UT of J&K
Citation: Special Leave to Appeal (Crl.) No(s). 10107/2023
The Supreme Court recently faced an intriguing question as to whether an incomplete chargesheet would entitle an accused to default bail under Section 167(2) of the Code of Criminal Procedure and if cognizance could be taken based on it.
This question arose in a case where although the chargesheet was filed within 60 days as per section 167 CrPC, the petitioner sought default bail contending that an incomplete charge sheet should not serve as the basis for taking cognizance. This contention was rejected by both the trial court and the High Court.
The Central Government on Thursday told the Supreme Court that it cannot give an exact timeline for restoring statehood to Jammu and Kashmir. At the same time, it clarified that the Union Territory status of J&K will be temporary.
"I am unable to give an exact time period for complete statehood while saying UT status is a temporary status", Solicitor General of India Tushar Mehta told a Constitution Bench which is hearing a batch of petitions challenging the repeal of J&K's special status.
Jaising reveals that she has not only faced micro-aggressions but has on occasion also been asked by male colleagues to not raise her voice in court, despite aggression being a cherished trait in top male lawyers of the country.
As the bench was about to rise, the CJI articulated : "One last word - the wide chasm between absolute autonomy as it existed on 26 January 1950 and complete integration as brought on 5 August 2019 - that chasm had been substantially bridged by what had happened in between. In that sense, it was not a complete migration from absolute autonomy to absolute integration. It is obvious that a substantial degree of integration had already taken place between 1950-2019- in 69 years. And therefore what was done in 2019, was it really a logical step forward to achieve that integration?"
Supreme Court Bar Association Condemns Police Violence Against Advocates In Uttar Pradesh's Hapur
Supreme Court Bar Association (SCBA) in a resolution passed today (30.08.2023) strongly condemned the violent and 'inhumane' treatment meted out by the police to protesting advocates in Hapur, Uttar Pradesh.
"..women advocates were also not spared from the brutality. The lathi charge on the advocates, who were protesting peacefully against the alleged high-handedness of the police, is a clear violation of their rights and the rule of law." the resolution reads.
