Supreme Court Monthly Digest March 2023

SUBJECT WISE INDEXAccess to JusticeFundamental right of Access to Justice - Abolition of OAT does not violate right of access to justice as cases will be heard by High Court - The fundamental right of access to justice is no doubt a crucial and indispensable right under the Constitution of India. However, it cannot be interpreted to mean that every village, town, or city must house every forum of adjudication created by statute or the Constitution. (Para 112) Orissa Administrative Tribunal Bar Association v. Union of India, 2023 LiveLaw (SC) 216Administrative LawNotification Issued by Central Govt not invalid merely because it's not issued in the President's name. Orissa Administrative Tribunal Bar Association v. Union of India, 2023 LiveLaw (SC) 216The Supreme Court directs the Ministry of Law & Justice to conduct judicial impact assessment of all Tribunals at the Earliest. Orissa Administrative Tribunal Bar Association v. Union of India, 2023 LiveLaw (SC) 216Supreme Court praises Orissa High Court for creatively using technology; Says other HCs should replicate it. Orissa Administrative Tribunal Bar Association v. Union of India, 2023 LiveLaw (SC) 216'Union Govt has power to abolish State Administrative Tribunal': Supreme Court affirms abolition of Odisha Administrative Tribunal. Orissa Administrative Tribunal Bar Association v. Union of India, 2023 LiveLaw (SC) 216Adverse RemarksAdverse Remarks During Hearings – Live Broadcast and Virtual Hearings – Essential for courts to be extremely cautious while passing adverse remarks against parties involved – Remarks may be passed only with proper justification, in the right forum, and if it is necessary to meet the ends of justice – Stricter standard of responsibility on judges while conducting such court proceedings due to advent of live broadcast and virtual hearings – Held, remarks liable to be expunged for having caused injury to the appellant’s reputation on account of being widely circulated by the media – Appeal allowed. Seemant Kumar Singh v. Mahesh P.S., 2023 LiveLaw (SC) 219Armed ForcesHigh Courts can entertain challenges to orders passed by Armed Forces Tribunal: Supreme Court overruled its Judgment. Union of India v. Parashotam Dass, 2023 LiveLaw (SC) 224AuctionPossession of license to do business in shop does not entitle party to allotment of auction platform as matter of right. Gurjit Singh v. Union Territory, 2023 LiveLaw (SC) 180BailDay of remand should be included for considering default bail claim: Supreme Court answers reference. Enforcement Directorate v. Kapil Wadhawan, 2023 LiveLaw (SC) 249'Large number of remand orders passed in violation of law are from Uttar Pradesh': Supreme Court seeks Allahabad HC's intervention. Satendra Kumar Antil v. Central Bureau of Investigation, 2023 LiveLaw (SC) 233Supreme Court warns magistrates who don't follow judgments on bail; says they might be taken off from judicial work & sent for training. Satendra Kumar Antil v. Central Bureau of Investigation, 2023 LiveLaw (SC) 233Supreme Court displeased that Magistrates are passing custody orders in violation of the directions in Satender Kumar Antil v. Central Bureau of Investigation, 2022 LiveLaw (SC) 577 - It is the duty of the High Courts that it ensures that the subordinate judiciary under their supervision follows the law of the land. If such orders are being passed by some Magistrates it may even require some judicial work to be withdrawn and the magistrate to be sent to judicial academies for upgradation of their skills. (Para ii) Satendra Kumar Antil v. Central Bureau of Investigation, 2023 LiveLaw (SC) 233All prosecuting agencies / State Governments / UTs should issue directions to the Public Prosecutors so that neither in pleadings nor in arguments, is a stand taken contrary to the legal position enunciated by this Court. The circulation in this behalf should be made through the Director of Prosecution and training programmes be organized to keep on updating the Prosecutors in this behalf. (Para IV) Satendra Kumar Antil v. Central Bureau of Investigation, 2023 LiveLaw (SC) 233Ensure basic essentials such as FIR number, police station are recorded in bail orders: Supreme Court to all High Courts. Ravish Kumar v. State of Bihar, 2023 LiveLaw (SC) 206'Bail can be cancelled if serious offences are subsequently added to FIR': Supreme Court sets aside bail in 'casting couch' case. Ms. X v. State of Maharashtra, 2023 LiveLaw (SC) 205Banking LawBorrowers have right to be heard before their accounts are classified as fraud - the decision to classify the account as fraudulent must be made by a reasoned order - Since the RBI's Master Directions do not expressly provide for an opportunity of hearing to the borrower, audi alteram partem must be read into the provisions to save them from the vice of arbitrariness. State Bank of India v. Rajesh Agarwal, 2023 LiveLaw (SC) 243Bhopal Gas TragedyBhopal Gas Tragedy - Supreme Court dismisses Centre's curative plea seeking...

Supreme Court Monthly Digest March 2023

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