Supreme Court Monthly Roundup- September 2023

Judgment/OrdersMotor Accident Claims - Social Status Of Deceased To Be Considered If There's No Definite Proof Of Income: Supreme CourtCase title: Kubrabibi v. Oriental InsuranceCitation: 2023 LiveLaw (SC) 697In its judgment, the Supreme Court highlighted that when dealing with cases involving individuals employed in the unorganized sector, it is crucial to consider the notional income based on their social status. The Court emphasized that even in the absence of concrete proof of income, the notional income should be taken into account, especially when the claimants are dependents of the deceased.Magistrate Can Take Cognizance Of Protest Petition After Rejecting Police Final Report: Supreme CourtCase title: Zunaid vs State of UPCitation: 2023 LiveLaw (SC) 730The Supreme Court observed that on the receipt of the final report, Magistrate can exercise his discretion to treat protest petition as a complaint case. The court added that even in a case where the final report of the police under Section 173 is accepted and the accused persons are discharged, the Magistrate has the power to take cognizance of the offense on a complaint or a Protest Petition on the same or similar allegations even after the acceptance of the final report.'Far-Fetched, Vague Allegations': Supreme Court Quashes Sec 498A IPC Case By Wife Against Mother-in-Law & Brothers-in-LawCase Title: Abhishek v. State of Madhya PradeshCitation: 2023 LiveLaw (SC) 731The Supreme Court recently quashed the criminal proceedings initiated at the instance of a wife against her in-laws for the offense of cruelty under Section 498A of the Indian Penal Code after noting that the allegations were "mostly general and omnibus in nature".HC Can Act On Section 482 Petition To Quash FIR Even If Chargesheet Has Been Filed During Its Pendency: Supreme CourtCase Title: Abhishek v. State of Madhya PradeshCitation: 2023 LiveLaw (SC) 731The Supreme Court recently clarified that the High Courts can quash an FIR even if chargesheet was filed while the petition filed under Section 482 CrPC was pending."It is well settled that the High Court would continue to have the power to entertain and act upon a petition filed under Section 482 Cr.P.C. to quash the FIR even when a chargesheet is filed by the police during the pendency of such petition", observed a bench comprising Justices Aniruddha Bose, Sanjay Kumar and SVN Bhatti.Legal Aid - Advocate Appointed To Represent Accused Should Be Given Reasonable Time To Go Through File & Get Ready: Supreme CourtCase title: Niranjan Das @ Niru Das @ Mahanto vs State of WB | Citation: 2023 LiveLaw (SC) 732 The Supreme Court observed that a legal aid advocate appointed to represent the accused should be given reasonable time to go through the file and get ready to assist the Court.The object of appointing an advocate to espouse the cause of the appellant who was unrepresented was to ensure that justice is done to him, the bench of Justices Abhay S Oka and Pankaj Mithal said.Supreme Court Upholds Disciplinary Action Against Bank Manager For Lapses In Loan Approval; Rejects Defence Of Following Superiors' InstructionsCase Title: Punjab National Bank V. M.L. Kalra (D) Thr. Lrs. & Anr.Citation: 2023 LiveLaw (SC) 733The Supreme Court recently set aside the order of a division bench of the Delhi High Court that had quashed the disciplinary action initiated by Bank of India (later amalgamated with Punjab National Bank) against a delinquent Bank Manager. Disciplinary action was initiated against the respondent for sanctioning a loan that later became a Non-Performing Asset (NPA) causing huge losses to the bankEPFO Employees Must Comply With IBC Timeline For Filing Claims; Default Officers Must Face Action: Supreme CourtCase Title: Employees Provident Fund Organization v. Fanendra Harakchand MunotCitation: 2023 LiveLaw (SC) 734The Supreme Court recently held that the Commissioner and employees of the Employees Provident Fund Organization (EPFO) must ensure that they comply with the timelines under the Insolvency and Bankruptcy Code, 2016. The Apex Court also stated that in case of failure to comply with the timelines, action must be taken against erring employeesSupreme Court Upholds Disciplinary Action Against Advocate Who Was Running Taxi ServiceThe Supreme Court recently upheld the disciplinary action taken by the Bar Council of India(BCI) against an advocate who was running a taxi service. The advocate was barred from practice for one year due to his professional misconduct.Children Of Invalid Marriages Have Right In Their Parents' Share In Hindu Joint Family Property: Supreme CourtCase Title: Revanasiddappa vs. Mallikarjun C.A. No. 2844/2011 and connected casesCitation: 2023 LiveLaw (SC) 737The Supreme Court on Friday (September 1) pronounced a judgment recognizing the rights of children born out of invalid marriages in their parents' share in Hindu joint family property.The Court held that children born out of void/voidable marriages are...

Supreme Court Monthly Roundup- September 2023

Suraj Parmar

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