Supreme Court Weekly Digest With Nominal And Subject/Statute. Wise Index[August 21 – 31, 2023]

Citations: 2023 LiveLaw (SC) 680 To 2023 LiveLaw (SC) 736SUBJECT WISE INDEXAbortion Woman alone has the right over her body; she's the ultimate decision maker on abortion. XYZ v. State of Gujarat, 2023 LiveLaw (SC) 680‘Forcing woman to have child born out of rape against constitutional philosophy’: Supreme Court allows survivor’s plea for abortion. XYZ v. State of Gujarat, 2023 LiveLaw (SC) 680'What is happening in Gujarat High Court? We don't appreciate HC's counterblast to our Order': Supreme Court in abortion case. XYZ v. State of Gujarat, 2023 LiveLaw (SC) 680Adverse RemarksRemarks adverse in nature, should not be passed in ordinary circumstances, or unless absolutely necessary which is further qualified by, being necessary for proper adjudication of the case at hand - Remarks by a court should at all times be governed by the principles of justice, fair play and restraint - Words employed should reflect sobriety, moderation and reserve - Such remarks, “due to the great power vested in our robes, have the ability to jeopardize and compromise independence of judges”; and may “deter officers and various personnel in carrying out their duty”- "Adverse remarks, of serious nature, upon the character and/ or professional competence of a person should not be passed lightly”. (Para 17-18) State of Punjab v. Shika Trading Co., 2023 LiveLaw (SC) 721 : 2023 INSC 773Agricultural LandArgument that merely because the land has a few coconut trees, that will not make it an agricultural land, as in Kerela, coconut trees are found everywhere even in the urban residential properties and their presence itself will not make the land an agricultural land. Held, the land in question undoubtedly has coconut trees on it, most of them are very old but fruit bearing, and moreover in revenue records, the land is described as “theaattam” i.e., “garden”. This would mean that the land in question may be put for agricultural use. Theoretically, it is possible that a land which is recorded as “theaattam” may not be actually put for agricultural use. All the same, in the present case, the overwhelming evidence which has been duly appreciated by the three Courts below clearly prove that the land was indeed an agricultural land. Therefore, find no reason to take a different view at this stage. (Para 7) M. Sivadasan v. A.Soudamini, 2023 LiveLaw (SC) 720 : 2023 INSC 774ArbitrationDissenting opinion of an arbitrator cannot be treated as an award if the majority award is set aside. Hindustan Construction Company Ltd. v. National Highways Authority of India, 2023 LiveLaw (SC) 704 : 2023 INSC 768Supreme Court restores 1997 arbitral award passed under 1940 Act; criticises HC & Trial Court for "appellate review". S.D. Shinde v. Govt. of Maharashtra, 2023 LiveLaw (SC) 693 : 2023 INSC 751BailSupreme Court surprised by Gujarat HC granting bail to murder accused based on 'settlement' with victim's son; chastises state for not challenging order. Bharwad Sanotshbhai Sondabhai v. State of Gujarat, 2023 LiveLaw (SC) 728Supreme Court affirms bail granted to former Andaman Chief Secretary Jitendra Narain in Port Blair gang rape case. XXX v. Union Territory of Andaman and Nicobar Islands, 2023 LiveLaw (SC) 718 : 2023 INSC 767The law regarding the parameters or circumstances to be considered in granting bail or refusing bail – Discussed. (Para 9) XXX v. Union Territory of Andaman and Nicobar Islands, 2023 LiveLaw (SC) 718 : 2023 INSC 767'Age-old principle "where women are respected, gods live there" would recede to background' : Supreme Court cancels bail to gang-rape accused. Bhagwan Singh v. Dilip Kumar @ Deepu @ Deepak, 2023 LiveLaw (SC) 707 : 2023 INSC 761“How can we start selling bail like this": supreme court says onerous bail conditions must not be imposed ordinarily. Mursaleen Tyagi v. State of Uttar Pradesh, 2023 LiveLaw (SC) 700The grant of bail subject to onerous conditions, is ordinarily in exceptional circumstances and cannot be as a matter of course. Mursaleen Tyagi v. State of Uttar Pradesh, 2023 LiveLaw (SC) 700Antilia bomb scare case - Supreme Court grants bail to former Mumbai Police officer pradeep sharma. Pradeep Rameshwar Sharma v. National Investigation Agency, 2023 LiveLaw (SC) 699 : 2023 INSC 755Can bail condition requiring assurance from the embassy that foreign accused will not leave India be imposed? Supreme Court to examine. Frank Vitus v. Narcotics Control Bureau, 2023 LiveLaw (SC) 681Banking LawDisciplinary action was initiated against the bank manager for sanctioning a loan that later became a Non-Performing Asset (NPA), causing substantial losses to the bank. The Bank Manager defended himself by stating that he was merely following the instructions of his superiors. However, it was found that when he recommended the loan, he failed to properly evaluate the deficiencies in the loan proposal. The Single Bench of the High Court upheld the Bank’s disciplinary action against the manager. However, the Division Bench set it aside,...

Supreme Court Weekly Digest With Nominal And Subject/Statute. Wise Index[August 21 – 31, 2023]

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