100 Important Judgments Of Supreme Court 2023 -Part 3[51-75]

As is the annual tradition, LiveLaw brings to you the list of 100 important Supreme Court judgments of the current year - a much awaited article by our dear readers.The judgments are selected based on the following criteria - (i) importance to the general public; (ii) settlement of a contested position of law; (iii) utility for practising lawyers, judges and students.A disclaimer is added here that the judgments included in the list are not necessarily good or the best judgments; some of them are controversial and regarding some others, there are strong counter-views. Yet, these judgments are worthy of being noted and discussed upon, considering their general importance and impact on litigation and general socio-political arena. Hence, the inclusion in this list. The judgments are arranged in the chronological order. The reports about the judgments are hyperlinked at the case description.The list of 100 judgments will be published in four parts and this is the second part. Part 1 can be read here. Part 2 can be read here. Part 4 can be read here.51. Filing Incomplete Chargesheet Without Completing Investigation Would Not Extinguish The Right Of Accused To Get Default Bail: Supreme CourtCase Title : Ritu Chhabaria v. Union of India And Ors, 2023 LiveLaw (SC) 352.The Supreme Court held that without completing an investigation of a case, a chargesheet or prosecution complaint can't be filed by an Investigating Agency only to deprive an accused of his right to default bail under Section 167 of CrPC. It may be noted that a 3-judge bench of the Court later effectively kept this judgment in abeyance by directing that Courts should not grant bail relying on Ritu Chhabaria.52. View That There Cannot Be Police Custody Beyond 15 Days From Date Of Arrest Should Be Reconsidered : Supreme CourtCase Title : Vikas Mishra v. CBI, Citation : 2023 LiveLaw SC 283The Supreme Court opined that its decision in CBI v. Anupam J. Kulkarni, wherein it was observed that there cannot be police custody beyond 15 days from the date of arrest, requires to be re-considered.53. Accused Not Entitled To Default Bail When First Extension(Passed In Absence Of Accused) Wasn't Challenged & Second Extension Was Passed In His PresenceCase Title : Qamar Ghani Usmani v. The State of Gujarat , Citation :2023 LiveLaw (SC) 297The Supreme Court held that an accused cannot claim the benefit of default bail, when he did not challenge the first extension of time granted for investigation and the second extension was granted in his presence and when the chargesheet was subsequently filed within the period of extension.54. Govt Employees Can't Be Denied Annual Increment Merely Because They Retired The Next Day Of Earning ItCase Title : The Director (Admn and HR) KPTCL & Others vs CP Mundinamani and others, Citation : 2023 LiveLaw (SC) 296In a significant judgment, the Supreme Court has held that government employees cannot be denied the annual increment merely because they are to retire on the very next day of earning the increment.55. Can't Direct That 50% HC Judges Should Be From District Judiciary; But At Least 1/3rd Should Be From Judicial Services : Supreme Court[Case Title: All India Judges Association And Ors. v. Union of India And Ors. WP(C) No. 1022/1989]Citation : 2023 LiveLaw (SC) 385The Supreme Court refused to issue directions to the High Courts to fill 50% of the seats in the respective High Courts from the Bench (service judges, district judiciary), if vacancy from the Bar quota lies vacant for more than 6 months.56. Section 140(5) Companies Act 2013 Is Constitutional; Resignation Of Auditor Won't End Proceedings Under Sec 140(5) : Supreme Court[Case Title: Union of India vs Deloitte Haskins and Sells LLP]Citation: 2023 LiveLaw (SC) 388The Supreme Court upheld the constitutional validity of Section 140(5) of the Companies Act, 2013 and held that that the provision is "neither discriminatory, arbitrary and/or violative of Articles 14, 19(1)(g) of the Constitution of India".57. District Police Chief Can't Order Further Investigation Without Permission From Magistrate Or Higher Court: Supreme CourtCase Title: Peethambaran v. State of Kerala & Anr. Citation : 2023 LiveLaw (SC) 402The Supreme Court stated that the power to order further investigation rests with either with the concerned magistrate or with a higher court and not with an investigating agency.58. IBC | Date Of Order Pronouncement & Time Taken To Provide Certified Copy Excluded From Limitation Period For Appeal To NCLAT : Supreme Court[Case Title: Sanket Kumar Agarwal & Anr v APG Logistics Private Limited] Citation: 2023 LiveLaw (SC) 406The Supreme Court has held that for the purpose of computing limitation for filing of appeal under Section 61(2) of the Insolvency and Bankruptcy Code, 2016, the time taken by Tribunal for providing certified copy of order to be challenged ought to be excluded from computation of limitation.Related - IBC | When Matter Heard On A Particular Date But...

100 Important Judgments Of Supreme Court 2023 -Part 3[51-75]

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