Supreme Court Weekly Digest (29th January 2023 - 5th February 2023)

Judgements/OrdersOrder XLI Rule 5 CPC - Mere Filing Of Appeal Would Not Operate As A Stay Of Decree : Supreme CourtCase Title: Sanjiv Kumar Singh vs State Of Bihar | Special Leave to Appeal (C) No(s). 19038/2022 | 24 January 2023 Citation: 2023 LiveLaw (SC) 63Coram: Justices A S Bopanna and Hima KohliThe Supreme Court observed that mere filing of the appeal would not operate as a stay under Order XLI Rule 5 of Code of Civil Procedure. In this case, the petitioner had approached the Patna High Court seeking a direction to the District Magistrate to grant ‘No Objection Certificate’ (NOC) for starting MS/HSD retail outlet dealership over land. The High Court dismissed the petition on the ground that as against the decree passed in favour of the petitioner, an appeal has been filed before the High Court and the same is yet to come up for hearing. Against this judgment, the petitioner approached the Apex Court.Supreme Court Disapproves Allahabad HC Dismissing Several Bail Applications On Same Day For DefaultCase Title: Rahul Sharma vs State Of Uttar PradeshCitation: 2023 LiveLaw (SC) 64Coram: Justices Ajay Rastogi and Bela M. TrivediThe Supreme Court disapproved the dismissal of about 50 bail applications for default/non-prosecution in a single day by Allahabad High Court. The bench of Justice Ajay Rastogi and Bela M. Trivedi was disposing a plea challenging the High Court's order which dismissed a anticipatory bail application for non-prosecution.When A Person Has Relinquished Rights In Father's Self Acquired Property, His Sons Are Estopped From Claiming Share : Supreme CourtCase Title: Elumalai @Venkatesan And Anr. v. M. Kamala And Ors. And Etc. | CA 521-522 OF 2023 | 25 January 2023 Citation: 2023 LiveLaw (SC) 65Coram: Justice K.M. Joseph and Hrishikesh RoyThe Supreme Court held that the effect of estoppel from laying a claim on property cannot be warded off by persons claiming through the person whose conduct has generated the estoppel. A Bench comprising Justices K.M. Joseph and Hrishikesh Roy observed that when a son relinquishes their right to the self-acquired property of the father; and the conduct is accompanied by receipt of a consideration the principle of estoppel will apply qua the son and his successors.Don't Record Witness Testimonies In English Translations Alone; Follow Sec 277 CrPC : Supreme Court To Trial CourtsCase Title: Naim Ahamed vs State (NCT of Delhi) | CrA 257 OF 2023 | 30 Jan 2023 Citation: 2023 LiveLaw (SC) 66Coram: Justices Ajay Rastogi and Bela M. TrivediThe Supreme Court has disapproved of the practice of trial judges recording the deposition of a witness only in the English language form as translated by the judge, when the witness testifies in a different language. The evidence of the witness has to be recorded in the language of the court or in the language of the witness as may be practicable and then get it translated in the language of the court for forming part of the record.Every Breach Of Promise To Marry Is Not 'Rape' : Supreme Court Acquits Man Sentenced To 10 Years ImprisonmentCase Title: Naim Ahamed vs State (NCT of Delhi) | CrA 257 OF 2023 | 30 Jan 2023Citation: 2023 LiveLaw (SC) 66Coram: Justices Ajay Rastogi and Bela M. TrivediThe Supreme Court observed that it would be a folly to treat every breach of promise to marry as a false promise and to prosecute a person for the offence of rape under Section 376 IPC.Sec 482 CrPC | Pendency Of Suit Concealed, Cloak Of Criminal Offence Given To Civil Dispute : Supreme Court Quashes Criminal ProceedingsCase Title: Usha Chakraborty & Anr. Versus State of West Bengal & Anr. SLP (Crl.) 5866 of 2022Citation : 2023 LiveLaw (SC) 67Coram: Justices Ajay Rastogi and CT RavikumarThe Supreme Court has held that criminal proceedings can be quashed in exercise of powers under Section 482 CrPC when it is found that the attempt was to give a "cloak of criminal offence" to a dispute which is essentially of civil nature. The Court quashed the criminal proceedings after noting that the application filed under Section 156(3), Cr.P.C did not satisfy the essential ingredients to attract the alleged offences and that they were vague. Also, the existence of a pending civil dispute on the causative incident was not disclosed in the application.Supreme Court Directs All Courts/Tribunals To Mandatorily Deposit Amounts Deposited By Parties With Registry In A Bank/Financial InstitutionCase Title : KL Suneja and others vs Dr(Mrs) Manjeet Kaur Monga (Died) through legal representativesCitation : 2023 LiveLaw (SC) 68Coram: Justices MR Shah and S Ravindra Bhat.The Supreme Court has issued an important direction that all courts and judicial forums should frame guidelines to ensure that amounts deposited with the office or registry of the Courts or Tribunals are mandatorily deposited in a bank or financial institution. This direction is issued to ensure that litigants do not face any future loss of interest on the amount deposited before Courts.Being Short...

Supreme Court Weekly Digest (29th January 2023 - 5th February 2023)

Padmakshi Sharma

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