Supreme Court Weekly Round Up (24th April to 30th April 2023)

With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest to keep our readers up to date with the latest legal developments in the Apex court of the country.Judgments/OrdersS.17 Registration Act | High Court Cannot Exercise Writ Jurisdiction To Alter Or Amend Registered Lease Deed: Supreme Court[Case Title: Gwalior Development Authority And Anr. v. Bhanu Pratap Singh| Citation : 2023 LiveLaw (SC) 340]The Supreme Court Bench comprising Justices Ajay Rastogi and Bela M. Trivedi held that when a lease deed is executed after compulsory registration under Section 17 of the Registration Act, 1908, it is nowhere open to be altered or amended even by the High Court in exercise of its jurisdiction under Article 226 of the Constitution.Unnatural Death Of Wife In Matrimonial Home Within Seven Years Of Marriage In Itself Not Sufficient To Convict Husband For Dowry Death: Supreme Court[Case Title: Charan Singh @ Charanjit Singh v. State of Uttarakhand| Citation: 2023 LiveLaw SC 341]The Supreme Court Bench comprising Justices AS Oka and Rajesh Bindal held that mere death of a wife under unnatural circumstances, in a matrimonial home, within seven years of marriage is not sufficient to convict the husband for dowry death.CPC | First And Second Appeal Arising Out Of Two Suits With Same Parties & Common Property In Dispute Can't Be Clubbed: Supreme Court[Case Title: Seethamal And Anr. v. Narayanasamy And Ors.| Citation: 2023 LiveLaw SC 342]The Supreme Court Bench comprising Justices AS Bopanna and Hima Kohli has made it clear that a first appeal and a second appeal arising out of two proceedings cannot be clubbed and disposed of by a common judgment even though the parties are essentially the same and the property in dispute is common.Arbitration Agreement In Unstamped Contract Which Is Exigible To Stamp Duty Not Enforceable: Supreme Court Holds By 3:2 Majority[Case Title: M/s. N.N. Global Mercantile Pvt. Ltd. v. M/s. Indo Unique Flame Ltd. And Ors.| Citation : 2023 LiveLaw (SC) 343]A Constitution Bench of the Supreme Court comprising Justices K.M. Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and C.T. Ravikumar answered the reference, which pertains to the issue - whether the arbitration clause in a contract, which is required to be registered and stamped, but is not registered and stamped, is valid and enforceable.Loss On Confiscation Of Smuggled Items By DRI Officials Cannot Be Claimed As ‘Business Loss’ Under Income Tax Act: Supreme Court[Case Title: The Commissioner of Income Tax, Jaipur v. Prakash Chand Lunia (D) Thr. Lrs. And Anr.| Citation : 2023 LiveLaw (SC) 348]The Supreme Court Bench comprising Justices MR Shah and MM Sundresh set aside the Rajasthan High Court’s order of allowing the loss claimed by the assessee on account of confiscation of silver bars by the Customs department, as ‘business loss’ under Section 37(1) of the Income Tax Act, 1961.Conviction Cannot Be Upheld In The Absence Of The Records Of The Trial Court: Supreme Court[Case Title: Jitendra Kumar Rode v. Union of India| Citation : 2023 LiveLaw (SC) 349]The Supreme Court Bench comprising Justices Krishna Murari and Sanjay Karol set aside the judgment of the Allahabad High Court which upheld the conviction of a person under Prevention of Corruption Act, on the ground that High Court shall not decide an appeal without calling for the records of the case from the Trial Court.Allopathy Doctors And Ayurved Doctors Do Not Perform Equal Work And Are Not Entitled To Equal Pay: Supreme Court[Case Title: State of Gujarat And Ors. Etc. v. Dr. P.A. Bhatt And Ors. Etc.| 2023 LiveLaw SC 350]The Supreme Court Bench comprising Justices V. Ramasubramanian and Pankaj Mithal held that Allopathy doctors and doctors of indigenous medicine cannot be said to be performing equal work so as to be entitled to equal pay. Supreme Court Modified Its Previous Order Mandating A 1 Km Eco-Sensitive Zone (ESZ) Around Protected Forests[Case Title: In Re: T. N. Godavarman Thirumulpad v. Union of India & Ors.| Citation: 2023 LiveLaw (SC) 351]The Supreme Court Bench comprising Justices B. R. Gavai, Vikram Nath and Sanjay Karol modified its order dated June 3, 2022 to the extent that directions in the said order mandating a 1 km Eco-Sensitive Zone (ESZ) around protected forests would not be applicable to the ESZs in respect of which a draft and final notification has been issued by the Ministry of Environment, Forest and Climate Change (MoEF & CC) and in respect of the proposals which have been received by the Ministry.Irretrievably Broken Down Marriage Can Be Dissolved On Ground Of 'Cruelty' : Supreme Court[Case Title: Shri Rakesh Raman v. Smt. Kavita| Citation: 2023 LiveLaw (SC) 353]In a notable judgment, the Supreme Court Bench comprising Justices Sudhanshu Dhulia and JB Pardiwala held that irretrievable breakdown of marriage can be read as the ground of "cruelty" under Section 13 (1)(ia) of the Hindu Marriage Act for the...

Supreme Court Weekly Round Up (24th April to 30th April 2023)

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