Supreme Court Monthly Round-Up: February 2024

Here's a comprehensive overview of the Supreme Court of India proceedings during the second month of 2024. This monthly digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the month of February and also the updates of the Constitution bench hearing in Aligarh Muslim University's minority status and on the Validity Of Subclassifications Within SC/STs, providing a succinct overview.Orders/ Judgments The Supreme Court recently dismissed a Writ petition challenging the implementation of no-fault divorces granted by courts in the United Arab Emirates (UAE).As per this law, a divorce can be sought without making any grounds, and there are no pre-conditions. Pertinently, this law applies to Non-Muslim UAE nationals and Non-Muslim foreigners residing in the UAE. Further, this decree under the no-fault clause can be implemented and enforced in India under 'the Bilateral Treaty 1999', where the UAE is treated as a reciprocating territory.BREAKING | Supreme Court Refuses To Entertain Hemant Soren's Petition Against ED Arrest, Asks Him To Approach High CourtCase title: Hemant Soren v. Union of India & Anr., Writ Petition (Criminal) No. 48 of 2024Coram: (Special Bench) Justices Sanjiv Khanna, MM Sundresh, and Bela M TrivediThe Supreme Court refused to entertain a writ petition filed by former Jharkhand Chief Minister Hemant Soren, challenging his arrest by the Directorate of Enforcement (ED) in connection with an alleged land scam case. The court asked Soren to approach the Jharkhand High Court under Article 226 of the Constitution, adding that Soren was at liberty to seek expeditious listing of his petition before the high court.Supreme Court Issues Notice On Law Graduate's Petition Challenging Enrollment Fee Charged By UP Bar CouncilCase Details: KULDEEP MISHRA vs. BAR COUNCIL OF UTTAR PRADESH W.P.(C) No. 000024 - / 2024Coram: CJI DY Chandrachud and Justices JB Pardiwala and Manoj MisraThe Supreme Court issued notice on a writ petition filed by a law graduate challenging the enrolment fee charged by the Uttar Pradesh State Bar Council. The petitioner, appearing as party-in-person, told the Bench that the present fee cited by the State Bar Council is Rs. 16,665 for lawyers to be enrolled at the U.P Bar. An additional sum of Rs. 5000/- would be charged for those wishing to expedite the processing within a single day. The petitioner challenged this fee as "exorbitant".Supreme Court Refuses To Transfer Margadarsi Chit Fund's Appeals From Andhra Pradesh HC To Telangana HCCase Title: M/S MARGADARSI CHIT FUND PVT LTD VERSUS THE STATE OF ANDHRA PRADESH & ORS., Transfer Petition(s)(Criminal) No(s). 968-969/2023Coram: Justices Abhay S Oka and Ujjal BhuyanThe Supreme Court refused to transfer the criminal appeal pending against Margadarsi Chit Fund Private Limited (MCFPL) before the Andhra Pradesh High Court to the Telangana High Court.Supreme Court Dismisses ED's Challenge To Bail Of Former CPI(M) Kerala Secretary's Son Bineesh KodiyeriCASE TITLE: DIRECTORATE OF ENFORCEMENT VERSUS BINEESH KODIYERI, SLP(Crl) No. 3155/2022Coram: Justices BR Gavai and Sandeep MehtaThe Supreme Court dismissed the Enforcement Directorate's plea challenging bail granted by the Karnataka High Court to Bineesh Kodiyeri, actor and son of former Kerala State Secretary of Communist Party of India (Marxist), in a money laundering case.While refusing to entertain the agency's plea, the Bench noted that there was no allegation against Bineesh that he had misused the relief of bail. Although, it was clarified that the impugned order of the Karnataka High Court shall not be treated as a precedent in any other case.When Two Clauses Of A Deed Are Repugnant, Earlier Clause Will Prevail Over Later Clause : Supreme CourtCase Title: BHARAT SHER SINGH KALSIA VERSUS STATE OF BIHAR & ANR., 2024 LiveLaw (SC) 80Coram: Justices Vikram Nath and Ahsanuddin AmanullahRecently, the Supreme Court observed that if there is a repugnancy between the earlier and later clauses of a deed, whereby a later clause destroys altogether the obligation created by the earlier clause, then the later clause is to be rejected as repugnant to the earlier clause and the earlier clause prevails.Should Retired Judges Appear In Written Exam For Appointments In Consumer Commissions? Supreme Court Seeks Union's StandCase Title: GANESHKUMAR RAJESHWARRAO SELUKAR & ORS. v. MAHENDRA BHASKAR LIMAYE & ORS., Diary No(s). 45299/2023Coram: Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj MisraThe Supreme Court raised doubts about the viability of its earlier directions which mandate that retired judges should appear in a written examination for appointment as President and Members of State and District Consumer Commissions.Supreme Court Asks Litigant To Approach High Court For Preservation Of Protected Monument In GoaCASE TITLE: THE GOA FOUNDATION AND ORS. Versus UNION OF INDIA AND ORS.Coram: Justices Surya ...

Supreme Court Monthly Round-Up: February 2024

Gyanvi Khanna

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