Supreme Court Monthly Digest- January 2023

Supreme Court Monthly Digest- January 2023 With Nominal And Statute/Subject Wise Index (Citations 1 to 67)SUBJECT WISE INDEXAdministrative LawAdministrative Law – Well established principle of - An adjudicatory body cannot base its decision on any material unless the person against whom it is sought to be utilised has been apprised of it and given an opportunity to respond to it. [Para 17] Deepal Ananda Patil v. State of Maharashtra, 2023 LiveLaw (SC) 30Administrative Law - Principles of - MP Jain and SN Jain’s treatise - If without disclosing any evidence to the party, the authority takes it into its consideration, and decides the matter against the party, then the decision is vitiated for it amounts to denial of a real and effective opportunity to the party to meet the case against him - the principle can be seen operating in several judicial pronouncements where non-disclosure of materials to the affected party has been held fatal to the validity of the hearing proceedings. [Para 17] Deepal Ananda Patil v. State of Maharashtra, 2023 LiveLaw (SC) 30Administrative Law - T. Takano v. Securities and Exchange Board of India - A quasi-judicial authority has a duty to disclose the material that has been relied upon at the stage of adjudication - the actual test is whether the material that is required to be disclosed is relevant for purpose of adjudication - if it is, then the principles of natural justice require its due disclosure. [Para 18] Deepal Ananda Patil v. State of Maharashtra, 2023 LiveLaw (SC) 30Administrative Law - MD, ECIL, Hyderabad v. B. Karunakar - in order to set aside the order of punishment, the aggrieved person must be able prove that prejudice has been caused to him due to non-disclosure- to prove prejudice, he must prove that had the material been disclosed to him the outcome or the punishment would have been different. [Para 19] Deepal Ananda Patil v. State of Maharashtra, 2023 LiveLaw (SC) 30Decision will be vitiated if materials are not disclosed to the affected party. Deepal Ananda Patil v. State of Maharashtra, 2023 LiveLaw (SC) 30Arbitration12 month’s time limit under Section 29A Arbitration Act not applicable to international commercial arbitration. TATA Sons Pvt. Ltd. v. Siva Industries and Holdings Ltd., 2023 LiveLaw (SC) 39Starting point of limitation u/section 34(3) Arbitration Act in cases of suo motu correction of award: Supreme Court explains. USS Alliance v. State of Uttar Pradesh, 2023 LiveLaw (SC) 20Aysuh MissionOperating Guidelines of the National AYSUH Mission - Paragraph 4(vi)(b) - Order for the purchase of Ayurvedic medicines issued by the State of Uttar Pradesh in favour of Indian Medicines Pharmaceutical Corporation Limited (IMPCL) - Inviting tenders from the entities is the most transparent and non-arbitrary method of allocation that can be undertaken - The State must henceforth purchase Ayurvedic medicines only through a free and transparent procedure such as tenders. The State may deviate from this rule and procure medicines by nomination only if exceptional circumstances exist. In such a situation, the State must demonstrate the existence of exceptional circumstances on the basis of cogent material. (Para 31) Indian Medicines Pharmaceuticals Corporation Ltd. v. Kerala Ayurvedic Co Operative Society Ltd., 2023 LiveLaw (SC) 6BailSupreme Court disapproves Allahabad HC dismissing several bail applications on the same day for default. Rahul Sharma v. State of Uttar Pradesh, 2023 LiveLaw (SC) 64Supreme Court overturned a bail condition imposed by the High Court that a person accused of illegally claiming Input Tax Credit must deposit Rs. 70 lakhs, the alleged amount of improperly claimed ITC - Centre conceded that such a condition is unsustainable when final assessment has not taken place. Subhash Chauhan v. Union of India, 2023 LiveLaw (SC) 61Process of criminal law not for money recovery; Bail can be granted irrespective of payment of money involved. Bimla Tiwari v. State of Bihar, 2023 LiveLaw (SC) 47Excessive conditions cannot be imposed while granting bail / suspension of sentence. Guddan @ Roop Narayan v. State of Rajasthan, 2023 LiveLaw (SC) 45ChequeSection 138 NI Act - Accused relies on income tax returns to show complainant did not have financial capacity; Supreme Court affirms acquittal. Rajaram Sriramulu Naidu v. Maruthachalam, 2023 LiveLaw (SC) 46CinemaCinema theatres can prohibit viewers from bringing food articles from outside. K.C. Cinema v. State of Jammu and Kashmir, 2023 LiveLaw (SC) 38Cinema Theatres- Supreme Court upholds the right of cinema theatres and multiplexes to prohibit the taking of food and beverages from outside. K.C. Cinema v. State of Jammu and Kashmir, 2023 LiveLaw (SC) 38Right of cinema theatres to prohibit outside food - The condition of entry is imposed as a direct result of the exercise of the right of cinema owners to carry on a business or trade under Article 19(1)(g) of the Constitution. The commercial logic of prohibiting...

Supreme Court Monthly Digest- January 2023

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Supreme Court Monthly Digest- January 2023

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