Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (Citations 337 - 371) [April 24 – 30, 2023]

SUBJECT WISE INDEXAdministrative LawRules of Business - When the Cabinet constitutes a committee and the latter’s actions are validated by the Minister and the rest of the Council, then it cannot be claimed that Rules of Business have not been followed by the State Government in the course of its decision-making process. (Para 90) Rajasthan Industrial Development and Investment Corporation v. Arfat Petrochemicals, 2023 LiveLaw (SC) 337ArbitrationArbitration agreement in unstamped contract which is exigible to stamp duty not enforceable: Supreme Court holds by 3:2 majority. N.N. Global Mercantile Pvt. Ltd. v. Indo Unique Flame Ltd., 2023 LiveLaw (SC) 343BailSeeking pre-deposit of bank guarantee for grant of bail is unsustainable.Makhijani Pushpak Harish v. State of Gujarat, 2023 LiveLaw (SC) 345Coal New Coal Distribution Policy (NCDP) - ‘Change in Law’ Relief - Policy of Inter-Plant Transfer (IPT) of coal by Coal India Ltd. (CIL) a “change in law” event - Finding of APTEL that the communication dated 19th June 2013 permitting IPT is not a ‘Change in Law’ would not be sustainable. Uttar Haryana Bijli Vitran Nigam Ltd. v. Adani Power (Mundra) Ltd; 2023 LiveLaw (SC) 339ConstitutionPrecedents - While it is open to a learned Judge to differ with a view of a Co-ordinate Bench the sequitur is to make a reference to a larger Bench on papers being placed before the learned Chief Justice. The learned Judge cannot simply say "with due respect, I do not agree to the ratio..." or “the decision is per incuriam as a binding judgment of the Supreme Court has not been considered….” and proceed to take a contrary view - Such an approach would result in conflicting opinions of Coordinate Benches, resulting in judicial chaos and is, thus, improper. This is something atrocious and unacceptable. (Para 81) State v. Hemendhra Reddy, 2023 LiveLaw (SC) 365Domicile Reservation - Domicile reservation can't be wholesale reservation - Supreme Court asks MP Govt to review its 75% domicile quota in B.Ed seats - though reservation in favour of residents is permissible, yet reservation to the extent of 75% of the total seats makes it a wholesale reservation, which has been held in Pradeep Jain to be unconstitutional and violative of Article 14 of the Constitution of India. Veena Vadini Teachers Training Institute v. State of Madhya Pradesh, 2023 LiveLaw (SC) 364Governors should return bills as soon as possible: Supreme Court observes in Telangana Government's plea against governor. State of Telangana v. Governor, 2023 LiveLaw (SC) 356Criminal LawInvestigating officer did not meet the obligations’: Supreme Court reverses murder conviction imposed by Trial Court, affirmed by High Court. Maghavendra Pratap Singh @ Pankaj Singh v. State of Chhattisgarh, 2023 LiveLaw (SC) 358Not necessary to review / recall / quash order accepting closure report before carrying out further investigation. State v. Hemendhra Reddy, 2023 LiveLaw (SC) 365Criminal Investigation - Criminal offence is considered as a wrong against the State and the Society even though it has been committed against an individual. Normally, in serious offences, prosecution is launched by the State and a Court of law has no power to throw away prosecution solely on the ground of delay. Mere delay in approaching a Court of law would not by itself afford a ground for dismissing the case. Though it may be a relevant circumstance in reaching a final verdict. (Para 84) State v. Hemendhra Reddy, 2023 LiveLaw (SC) 365Supreme Court commutes death sentence of man who murdered his sister & her lover from another caste; takes note of 'social pressure'. Digambar v. State of Maharashtra, 2023 LiveLaw (SC) 361Supreme Court sets aside Telangana HC Order directing CBI to provide printed questions to YSRCP MP Avinash Reddy; says such orders gravely prejudice investigation. Suneetha Narreddy v. Y.S. Avinash Reddy, 2023 LiveLaw (SC) 355Digitization of RecordsThe Supreme Court issued directions to all the High Courts for ensuring digitalisation of lower court records. (Para 39 - 42) Jitendra Kumar Rode v. Union of India, 2023 LiveLaw (SC) 347DisabilityDisability Rights & CLAT - Supreme Court passes further guidelines to ensure access to CLAT for candidates with disabilities. Arnab Roy v. Consortium of National Law Universities, 2023 LiveLaw (SC) 349Dowry DeathUnnatural death of wife in matrimonial home within seven years of marriage in itself not sufficient to convict husband for dowry death. Charan Singh @ Charanjit Singh v. State of Uttarakhand, 2023 LiveLaw (SC) 341EducationUP Intermediate Education Act | Appointment process of teachers not concluded without approval by District Inspector of Schools (DIOS). State of Uttar Pradesh v. Rachna Hills, 2023 LiveLaw (SC) 360U.P. Intermediate Education Act | No 'deemed appointment' of selected candidate if dios doesn't give approval within 15 days. State of Uttar Pradesh v. Rachna Hills, 2023 LiveLaw (SC) 360UP Intermediate Education Act | Vacancies which existed...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (Citations 337 - 371) [April 24 – 30, 2023]

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