Supreme Court Monthly Roundup- August 2023

Judgments/OrdersUAPA - 'Watali' Precedent Won't Apply If Evidence Is Of Low Probative Value On Surface Level Analysis: Supreme CourtCase title: Vernon v. State of MaharashtraCitation: 2023 LiveLaw (SC) 575The Supreme Court’s decision to grant bail to Bhima Koregaon-accused and activists Vernon Gonsalves and Arun Ferreira appears to have carved out a crucial exception in an otherwise unyielding interpretation of the court’s bail-granting powers under the Unlawful Activities (Prevention) Act, which flows from the Zahood Ahmad Watali judgment.In Vernon, the bench of Justices Aniruddha Bose and Sudhanshu Dhulia held that a plea for bail under Section 43D(5) of the Unlawful Activities (Prevention) Act would not pass muster of the prima facie test envisioned in Watali without “at least surface-analysis of the probative value of evidence” and if the court is not satisfied of the worth of the probative value of such evidence. While Watali restricts a court from ‘weighing’ the evidence at the stage of adjudicating a bail application, Vernon (2023) has given birth to a new species of analysis – shallow enough to not run contrary to the precedent that holds the field, but deep enough to catch low-value evidence in its net, to be eventually disregarded.Use Of Expression 'Ta Khubzul Badlain' In Sale Deed By Itself Will Not Be Determinative Of The True Nature Of The Transaction: Supreme CourtCase details: Yogendra Prasad Singh (D) v. Ram Bachan DeviCitation: 2023 LiveLaw (SC) 582The Supreme Court observed that the use of the expression 'ta khubzul badlain' in a sale deed by itself will not be determinative of the true nature of the transaction.When there is a specific recital in the Sale Deed that the title and possession in the property has been passed to the seller, the same are very crucial which cannot be brushed aside, the bench of Justices Abhay S Oka and Rajesh Bindal said.'Strictly Follow Arnesh Kumar Guidelines On Arrest': Supreme Court Directs High Courts & DGPs To Ensure ComplianceCase Details: Md Asfak Alam v. State of Jharkhand & Anr.Citation: 2023 LiveLaw (SC) 583The Supreme Court of India on Monday reiterated the guidelines laid down by the top court for arrest under Section 498A of the Indian Penal Code, 1860, and for other offences punishable by a maximum jail term of seven years in its 2014 Arnesh Kumar judgment. Not only this, a bench of Justices S Ravindra Bhat and Aravind Kumar has also directed high courts and police chiefs to issue notifications and circulars in terms of the 2014 judgment to ensure strict compliance.Cheque Dishonour - Concurrent Sentencing Rule Only When Cases Arise Out Of Single Transaction: Supreme CourtCase details: K Padmaja Rani v. State of TelanganaCitation: 2023 LiveLaw (SC) 584The Supreme Court observed that it is only when the conviction in a cheque case arise out of a single transaction, a concurrent sentence would be merited. But when there are several transactions, the judgment in V.K. Bansal v. State of Haryana (2013) 7 SCC 211 cannot be relied upon, the bench of Justices Hrishikesh Roy and Pankaj Mittal observed.Sudden Provocation As Rs 500 For Daughter Not Given': Supreme Court Modifies Murder Conviction Of Wife Who Killed HusbandCase details: Nirmala Devi v. State of Himachal PradeshCitation: 2023 LiveLaw (SC) 585The Supreme Court altered the conviction of a woman accused of killing her husband from Section 302 IPC(murder) to Section 304 Part 1 IPC (culpable homicide not amounting to murder)."The possibility of the accused causing the death of the deceased while being deprived of the power of self-control, due to the provocation on account of the deceased not agreeing to pay Rs.500/- to her daughter cannot be ruled out", the bench of Justices B R Gavai and J B Pardiwala observed. The Court held that the case falls under Exception 1 to Section 300 IPC (sudden and grave provocation).The court also observed that the weapon used in the crime is a stick which was lying in the house, and that cannot be called a deadly weapon.Pending Application For Mining Lease Doesn't Create Any Vested Right': Supreme Court Upholds Rajasthan Rule Introducing AuctionCase Title: State of Rajasthan v. Sharwan Kumar KumawatCitation: 2023 LiveLaw (SC) 586The Supreme Court on Tuesday set aside the order of the Rajasthan High Court that declared Rule 4 (10) and Rule 7(3) of the Rajasthan Minor Mineral Concession Rules, 1986 as unconstitutional.A division bench of Justice A.S. Bopanna and Justice M. M. Sundresh while setting aside the High Court order observed: “The High Court, in our considered view, has totally misconstrued the issues ignoring the fact that there is a delegation of power to the first appellant [State] which was rightly exercised as conferred under Section 15 of the 1957 Act [Mines and Minerals (Development and Regulation) Act, 1957].Breach Of Condition Must Be Fundamental To Deny Insurance Claim Altogether': Supreme Court Directs Insurer To Award 75% Claim In Vehicle Theft...

Supreme Court Monthly Roundup- August 2023

Suraj Parmar

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