Supreme Court Monthly Digest September 2023

Citations: 2023 LiveLaw (SC) 737 To 2023 LiveLaw (SC) 843SUBJECT WISE INDEXAbortion'No immediate threat to mother's life; no foetal abnormality' : Supreme Court rejects married woman's plea to abort 26-week pregnancy. X v. Union of India, 2023 LiveLaw (SC) 840AdvocateSupreme Court directs Manipur bar associations to not prevent lawyers of any community from appearing before courts; warns of contempt action. Dinganglung Gangmei v. Mutum Churamani Meetei, 2023 LiveLaw (SC) 837It is very unfortunate that the Advocates representing the State Government have to approach the Court of Law for recovery of their fees - Ensure that an Advocate who appears for the State is paid his fees within a reasonable time. State of Uttar Pradesh v. Bina Pandey, 2023 LiveLaw (SC) 769Disciplinary Action against advocate who was running taxi service - The findings of the Disciplinary Committee of the Bar Council are based on documentary evidence - The Supreme Court found no error in the decision of BCI to bar the advocate from practice for one year. Phoola Ram Jaat v. Sanwar Singh, 2023 LiveLaw (SC) 768Advocate acting as real estate agent and selling a client's property amounts to misconduct. The direction of the Disciplinary Committee of the Bar Council of India to suspend him as an Advocate for five years is fully justified. (Para 7) Syed Altaf Ahmed v. S. Suson, 2023 LiveLaw (SC) 767ArbitrationIs an Arbitration Clause in an unstamped agreement enforceable? Supreme Court Refers N.N. Global Mercantile Pvt. Ltd. v. Indo Unique Flame Ltd; 2023 LiveLaw (SC) 343 to a Seven-Judge Bench. Bhaskar Raju and Brothers v. Dharmaratnakara Rai Bahadur Arcot Narainswamy Mudaliar Chattram and Other Charities, 2023 LiveLaw (SC) 828The Supreme Court explains scope of judicial interference in arbitral awards. Batliboi Environmental Engineers v. Hindustan Petroleum Corporation, 2023 LiveLaw (SC) 817 : 2023 INSC 850ArmyThe Supreme Court extends disability pension claim of army veteran for 10 years as allowed under pension regulations for the army. Ex L/NK Rajput Ajit Singh v. Union of India, 2023 LiveLaw (SC) 831Are civilian employees of Armed Forces Unit Run Canteens (URCs) Government Servants? - The matter refers to Larger Bench. (Para 6 – 8) Union of India v. Vinod Kumar, 2023 LiveLaw (SC) 795BSF Act - Even if an officer pleads guilty of misconduct, the court has to satisfy that confession is voluntary. Union of India v. Jogeshwar Swain, 2023 LiveLaw (SC) 758 : 2023 INSC 802BailRape and Murder – Delay in Trial – The appellant, convicted of raping and murdering his niece in 1983, remained on bail during the 40-year trial. The High Court declined to suspend his sentence. Held, bail granted considering the delay in trial and the appellant's age (75 years) urging stringent bail conditions. The Court emphasized prioritizing the appellant's appeal and cautioned the appellant, a Bar member, against unnecessary adjournments. Non-compliance could lead to bail cancellation. Appeal allowed on these terms. Banamali Choudhury v. State of West Bengal, 2023 LiveLaw (SC) 836Once the High Court came to the conclusion that the accused was entitled to bail, there was no reason to restrict the bail to the period of three months. Ranjit Digal v. State of Odisha, 2023 LiveLaw (SC) 772When accused persons are in prison, it is the duty of the police to produce them before the trial court. If the police fail to produce them before the court, then the accused cannot be made to suffer due to such negligence of the police. Satendra Babu v. State of Uttar Pradesh, 2023 LiveLaw (SC) 766Bail - One cannot apply one bail order to all the other subsequent cases. (Para 8) PACL v. Central Bureau of Investigation, 2023 LiveLaw (SC) 747 : 2023 INSC 795Can anticipatory bail be granted to proclaimed offender? only in exceptional & rare cases, holds the Supreme Court. State of Haryana v. Dharamraj, 2023 LiveLaw (SC) 739 : 2023 INSC 784The Supreme Court directed the Chief Justice of the High Court of Patna to take a look into certain irregularities in uploading an order of the High Court. The issue raised 'serious concerns' and directed the High Court Chief Justice to take necessary steps in this regard. Manish Kumar v. State of Bihar, 2023 LiveLaw (SC) 738ChequeThe Supreme Court comes to the rescue of a party who filed a cheque bounce case in wrong court after noting he got incorrect legal advice. Bijoy Shankar Mishra v. State of Jharkhand, 2023 LiveLaw (SC) 798Section 148 NI Act - Deposit of minimum 20% amount is not an absolute rule; can be relaxed if an exceptional case is made out. Jamboo Bhandari v. M.P. State Industrial Development Corporation Ltd; 2023 LiveLaw (SC) 776 : 2023 INSC 822Cheque bounce case can be quashed u/s 482 only if the amount is patently non-recoverable; whether debt time-barred or not is a question of evidence. K. Hymavathi v. State of Andhra Pradesh, 2023 LiveLaw (SC) 752 : 2023 INSC 811Civil LawRevision petition under Section 115 CPC cannot be entertained...

Supreme Court Monthly Digest September 2023

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