Supreme Court Monthly Digest February 2023

SUBJECT WISE INDEXAdultery"It is not as if this court approved of adultery": Supreme Court clarifies 'Joseph Shine' judgment that declared Section 497 IPC unconstitutional. Joseph Shine v. Union of India, 2023 LiveLaw (SC) 117Armed Forces Personnel liable to face disciplinary action for adultery despite striking down of Section 497 IPC. Joseph Shine v. Union of India, 2023 LiveLaw (SC) 117Adultery - Joseph Shine v. Union of India (2019) 3 SCC 39 - It is not as if this Court approved of adultery. This Court has found that adultery may be a moral wrong (per Hon’ble Ms. Justice Indu Malhotra). This Court has also held that it will continue to be a ground for securing dissolution of marriage. It has also been described as a civil wrong. (Para 23) Joseph Shine v. Union of India, 2023 LiveLaw (SC) 117BailThe Supreme Court expresses anguish at Trial Courts acting in violation of its judgments on bail & remand. Chandmal v. State of M.P., 2023 LiveLaw (SC) 94Bail & Remand: Supreme Court expresses anguish at trial courts acting in violation of its judgments in Siddharth vs. State of Uttar Pradesh LL 2021 SC 391 & Satender Kumar Antil v. Central Bureau of Investigation & Anr. – 2022 LiveLaw (SC) 577 - We fail to understand why despite these judgments having been circulated, some of the trial Courts are conducting and passing the orders in the teeth of these judgments. It is a matter of concern that these cases thus, keep on coming up to the apex Court unnecessarily. Chandmal v. State of M.P., 2023 LiveLaw (SC) 94Virtual Hearing - We would normally expect that even in the District Courts, in the Covid period, arrangements would have been made for virtual hearing. It is not as if the virtual method of appearing before the Court has to be abandoned as this is an alternative method of appearance now which is to be followed by different Courts. Chandmal v. State of M.P., 2023 LiveLaw (SC) 94Interim victim compensation cannot be imposed as a condition for bail. Talat Sanvi v. State of Jharkhand, 2023 LiveLaw (SC) 83If bail bonds are not furnished within one month, Trial Courts may consider suo motu relaxing conditions. In Re Policy Strategy for Grant of Bail, 2023 LiveLaw (SC) 76Supreme Court issues directions to avoid delay in release of prisoners after getting bail. In Re Policy Strategy for Grant of Bail, 2023 LiveLaw (SC) 76Bar CouncilSupreme Court Constitution Bench upholds the validity of All India Bar Examination - Recongizes the right of Bar Council of India to prescribe such a condition for practice - Overrules decision in V. Sudeer v. Bar Council of India, (1999) 3 SCC 176, in which the top court had held that no condition, other than those enumerated in Section 24 of the Advocates Act, could be imposed on a person wishing to practise law-Court however clarifies that the setting aside of the judgment in V. Sudeer is in no manner an imprimatur to mandating the requirement of pre-enrolment training. Bar Council of India v. Bonnie Foi Law College, 2023 LiveLaw (SC) 96All India Bar Examination - It has to be left to the Bar Council of India as to at what stage the All India Bar Examination has to be held – pre or post enrolment. (Para 35) Bar Council of India v. Bonnie Foi Law College, 2023 LiveLaw (SC) 96All India Bar Examination - Strictly follow the schedule of conducting AIBE twice a year as otherwise the students with law degrees would be left idling their time. (Para 36) Bar Council of India v. Bonnie Foi Law College, 2023 LiveLaw (SC) 96All India Bar Examination - Supreme Court accepts the suggestion of amicus curiae that students who have cleared all examinations to be eligible to pursue the final semester of the final year course of law, on production of proof of the same, could be allowed to take the All India Bar Examination - During the interrugnum between passing the university and enrolment, any graduate with the degree who is yet to appear for the Bar examination or get enrolled under the said Act should be able to do all the tasks allied to the legal profession other than the function of acting or pleading before the courts. (Para 38) Bar Council of India v. Bonnie Foi Law College, 2023 LiveLaw (SC) 96All India Bar Examination - BCI may lay down a rule that people who were in non-legal jobs for a certain number of years should qualify AIBE to rejoin legal profession. (Para 42) Bar Council of India v. Bonnie Foi Law College, 2023 LiveLaw (SC) 96Bar Council of India - Ensure enrolment fee does not become oppressive- different State Bar Councils are charging different fees for enrolment. This is something which needs the attention of the Bar Council of India, which is not devoid of the powers to see that a uniform pattern is observed and the fee does not become oppressive at the threshold of young students joining the Bar. (Para 44) Bar Council of India v. Bonnie Foi Law College, 2023 LiveLaw (SC) 96BuildingThe Supreme Court upholds rule requiring builders to reserve open spaces in developed plots....

Supreme Court Monthly Digest February 2023

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Supreme Court Monthly Digest February 2023

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