Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (Citations 266 - 281) Part 1 [April 1 – 9, 2023]

SUBJECT WISE INDEXAmendmentRetrospective application for Amendment - Amendment by substitution has the effect of wiping the earlier provision from the statute book and replacing it with the amended provision as if the unamended provision never existed - 2015 amendment substituted "belong/belongs" in Section 153C with "pertain/pertains" and hence is amendment by substitution. (Para 10.4) Income Tax Officer v. Vikram Sujitkumar Bhatia, 2023 LiveLaw (SC) 274Bail & Remand Supreme Court expresses anguish at trial court dismissing bail application ignoring its judgment in Satender Kumar Antil v. Central Bureau of Investigation, 2022 LiveLaw (SC) 577 - Directs District Judge to transfer case to another Magistrate - Reminds that Prosecutors have duty to inform the court of the correct legal position. Deepak Kumar Azad @ Pappu v. State of Bihar, 2023 LiveLaw (SC) 278E-Filing Practice and Procedure - E-Filing - Supreme Court affirms mandatory e-filing in DRTs and DRATs - Issues directions to enable access to people who are technologically deprived - Directions issued to set up e-sewa kendras. M.P. High Court Bar Association v. Union of India, 2023 LiveLaw (SC) 276E-Filing and Virtual Courts - There can be no gainsaying the fact that e-filing provides transparency and efficiency in the administration of justice. E-filing provides for 24x7 access to the court system and, in fact, facilitates the convenience of lawyers as well as litigants. With the march of technology, it would be too late in the day to postulate that e-filing should not be adopted. As a matter of fact, the decision to take up e-filing must be replicated by other tribunals and courts in the country, including the High Courts in a phased manner and that it eventually becomes mandatory. (Para 12) M.P. High Court Bar Association v. Union of India, 2023 LiveLaw (SC) 276E-Filing - Supreme Court refuses to allow an exception to women lawyers - not inclined to accept the submission that there should be a general exception to female practitioners and litigants. There is no reason to postulate that there is a gender divide in one’s inherent ability to use technology. (Para 20) M.P. High Court Bar Association v. Union of India, 2023 LiveLaw (SC) 276Civil LawFor Res Judicata To Apply, Previous Suit Should Have Been Decided On Merits : Supreme Court Explains Principles. Prem Kishore v. Brahm Prakash, 2023 LiveLaw (SC) 266[Order 17 Rule 3 CPC] Suit can be decided on merit if there is some material, though it may not be strictly "evidence". Prem Kishore v. Brahm Prakash, 2023 LiveLaw (SC) 266Constitution'No equality in matter of illegality': Supreme Court denies relief to school teacher dismissed for degree through distance education. Sunil Kumar Soni v. State of Rajasthan, 2023 LiveLaw (SC) 271Criminal LawPower to transfer cases to be used sparingly; may cast unnecessary aspersions on state judiciary & prosecution agency. Afjal Ali Sha @ Abjal Shaukat v. State of West Bengal, 2023 LiveLaw (SC) 268Evidence LawAny concession or admission of a fact by a defence counsel would definitely be binding on his client, except the concession on the point of law. (Para 39) Balu Sudam Khalde v. State of Maharashtra, 2023 LiveLaw (SC) 279Cross-examination - During the course of cross-examination with a view to discredit the witness or to establish the defence on preponderance of probabilities suggestions are hurled on the witness but if such suggestions, the answer to those incriminate the accused in any manner then the same would definitely be binding and could be taken into consideration along with other evidence on record in support of the same. (Para 44) Balu Sudam Khalde v. State of Maharashtra, 2023 LiveLaw (SC) 279Cross-examination - The main object of cross-examination is to find out the truth on record and to help the Court in knowing the truth of the case. It is a matter of common experience that many a times the defence lawyers themselves get the discrepancies clarified arising during the cross-examination in one paragraph and getting themselves contradicted in the other paragraph. The line of cross-examination is always on the basis of the defence which the counsel would keep in mind to defend the accused. (Para 43) Balu Sudam Khalde v. State of Maharashtra, 2023 LiveLaw (SC) 279Injured Witness - The evidence of injured witness has greater evidentiary value and unless compelling reasons exist, their statements are not to be discarded lightly. (Para 26) Balu Sudam Khalde v. State of Maharashtra, 2023 LiveLaw (SC) 279Right of Private Defence - If a specific question is put to a witness by way of a suggestion indicative of exercise of right of private defence then the Court would well be justified in taking into consideration such suggestion and if the presence of the accused is established the same would definitely be admissible in evidence. (Para 45) Balu Sudam Khalde v. State of Maharashtra, 2023 LiveLaw (SC) 279Suggestions made to the witness by the defence counsel...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (Citations 266 - 281) Part 1 [April 1 – 9, 2023]

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