Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index(Citations 68 - 82) Part 1 [February 1 – 5, 2023]

SUBJECT WISE INDEX Bail If bail bonds are not furnished within one month, Trial Courts may consider suo motu relaxing conditions. In Re Policy Strategy for Grant of Bail, 2023 LiveLaw (SC) 76 Supreme Court issues directions to avoid delay in release of prisoners after getting bail. In Re Policy Strategy for Grant of Bail, 2023 LiveLaw (SC) 76 Citizenship Centre's decision to bar OCI (Overseas Citizens of India) students from general seats will apply to only those who register as OCIs after 04.03.2021. Anushka Rengunthwar v. Union of India, 2023 LiveLaw (SC) 73 Civil Suit Suit for recovery of possession - In a case where the owner of the land filed suit for recovery of possession of his land from the encroacher and once he establishes his title, merely because some structures are erected by the opposite party ignoring the objection, that too without any bona fide belief, denying the relief of recovery of possession would tantamount to allowing a trespasser/encroacher to purchase another man’s property against that man’s will. (Para 21) Baini Prasad v. Durga Devi, 2023 LiveLaw (SC) 78 Constitution Right to Die: Supreme Court makes it easier for persons to opt for passive euthanasia; Simplifies 2018 guidelines on living will/advance directive. Common Cause v. Union of India, 2023 LiveLaw (SC) 79 Court Deposit The Supreme Court directs all courts/tribunals to mandatorily deposit amounts deposited by parties with registry in a bank/financial institution. K.L. Suneja v. Manjeet Kaur Monga, 2023 LiveLaw (SC) 68 Courts / Tribunals should mandatorily deposit amounts deposited by litigants with the Registry or Office in a bank account - Supreme Court issues directions - All courts and judicial forums should frame guidelines in cases where amounts are deposited with the office / registry of the court / tribunal, that such amounts should mandatorily be deposited in a bank or some financial institution, to ensure that no loss is caused in the future - These guidelines should be embodied in the form of appropriate rules, or regulations of each court, tribunal, commission, authority, agency, etc. exercising adjudicatory power. (Para 35) K.L. Suneja v. Manjeet Kaur Monga, 2023 LiveLaw (SC) 68 Criminal Law Criminal proceedings inter-se parties can be quashed if they have genuinely settled matrimonial disputes. Rangappa Javoor v. State of Karnataka, 2023 LiveLaw (SC) 74 CRZ Notification CRZ Notification 2011: Storage facility for edible oil not allowed outside port area; Supreme Court affirms quashing of post-facto clearance. K.T.V. Health Food Pvt. Ltd. v. Union of India, 2023 LiveLaw (SC) 77 Coastal Regulation Zone Notification 2011 - Storage facility for edible oil not allowed outside port areas- the word ‘within’ used for CRZ-I and ‘in’ used for CRZ-II in the CRZ Notification of 2011 cannot be interpreted to include what is outside the port areas-The maker of the notification has not even contemplated the activities in question in a ‘port area’. We must here elucidate and observe that if the contention is to be upheld that a storage tank can be permitted outside the port limits, it will introduce chaos. The question would arise as to up to what distance from the port area it would be considered as the ‘in the port area’. The 2011 Notification cannot receive an interpretation which would leave matters of moment to be afflicted with the vice of uncertainty. This is apart from the importance of avoiding an interpretation which seemingly allows free play in the joints to the Administrator but, atthe same time, vest an arbitrary power in him. (Para 58) K.T.V. Health Food Pvt. Ltd. v. Union of India, 2023 LiveLaw (SC) 77 Delay Being short of funds to pay court fees is not a sufficient reason to condone delay to file an appeal. Ajay Dabra v. Pyare Ram, 2023 LiveLaw (SC) 69 Environment Taj Trapezium matter: Supreme Court allows more flights to agra, removes restriction on increasing air traffic. M.C. Mehta v. Union of India, 2023 LiveLaw (SC) 82 Equity Equity will follow the law and it would tilt in favour of law and further that to claim equity the party must explain previous conduct. (Para 14) Baini Prasad v. Durga Devi, 2023 LiveLaw (SC) 78 Estoppel and Acquiescence In the case of acquiescence the representations are to be inferred from silence, but mere silence, mere inaction could not be construed to be a representation and in order to be a representation it must be inaction or silence in circumstances which require a duty to speak and therefore, amounting to fraud or deception - In the absence of any misrepresentation by an act or omission, the mere fact after making objection the plaintiff took some reasonable time to approach the Court for recovery of possession cannot, at any stretch of imagination, be a reason to deny him the relief him of recovery of possession of the...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index(Citations 68 - 82) Part 1 [February 1 – 5, 2023]

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