Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index[February 13 – 19, 2023]

SUBJECT WISE INDEXAdultery"It is not as if this court approved of adultery": Supreme Court clarifies 'Joseph Shine' judgment that declared Section 497 IPC unconstitutional. Joseph Shine v. Union of India, 2023 LiveLaw (SC) 117Armed Forces Personnel liable to face disciplinary action for adultery despite striking down of Section 497 IPC. Joseph Shine v. Union of India, 2023 LiveLaw (SC) 117Adultery - Joseph Shine v. Union of India (2019) 3 SCC 39 - It is not as if this Court approved of adultery. This Court has found that adultery may be a moral wrong (per Hon’ble Ms. Justice Indu Malhotra). This Court has also held that it will continue to be a ground for securing dissolution of marriage. It has also been described as a civil wrong. (Para 23) Joseph Shine v. Union of India, 2023 LiveLaw (SC) 117BuildingThe Supreme Court upholds rule requiring builders to reserve open spaces in developed plots. Association of Vasanth Apartments Owners v. V. Gopinath, 2023 LiveLaw (SC) 105Building Rules - Supreme Court upheld a rule which mandated that builders should reserve open spaces in the plots developed by them- Regulation 19 of Development Control Rules for the Chennai Metropolitan Area. Association of Vasanth Apartments Owners v. V. Gopinath, 2023 LiveLaw (SC) 105Building Rules - Mandate to reserve 10% open space area does not violate Article 14 and 300A of the Constitution- It does not amount to compulsory acquisition. (Para 51, 66, 137,148, 154) Association of Vasanth Apartments Owners v. V. Gopinath, 2023 LiveLaw (SC) 105Building Rules - Open Spaces - Areas covered by the Open Space Regulations cannot be diverted for any other purpose - The respondents (local authorities) are duty-bound to ensure that the area set apart as OSR is stringently utilised only for the purpose in the Rule/Regulation. We direct that no area meant for OSR shall be utilised as dumping yards or any other purpose other than as OSR. (Para 178) Association of Vasanth Apartments Owners v. V. Gopinath, 2023 LiveLaw (SC) 105Central ExciseSupreme Court upholds Sec 9D Central Excise & Salt Act; Asks cigarette company to pay Rs 5 lakh cost for cancer affected children. GTC Industries Ltd v. Collector of Central Excise, 2023 LiveLaw (SC) 107Civil LawRemand order prolongs & delays litigation: Supreme Court explains scope of appellate court's power to remand. Arvind Kumar Jaiswal v. Devendra Prasad Jaiswal Varun, 2023 LiveLaw (SC) 112Ouster of civil court's jurisdiction won't have retrospective effect to annul a decree validly passed by civil court. Ananta Chandrakant Bhonsule v. Trivikram Atmaram Korjuenkar, 2023 LiveLaw (SC) 109It is settled law that ouster of jurisdiction of civil court can be expressed or implied, but it cannot have retrospective effect annulling a decree validly passed by the civil court. Ananta Chandrakant Bhonsule v. Trivikram Atmaram Korjuenkar, 2023 LiveLaw (SC) 109Company LawCompany Secretary's Liability: Supreme Court says compliance officer should ensure compliance with SEBI's buyback regulations. Securities and Exchange Board of India v. V. Shankar, 2023 LiveLaw (SC) 101Supreme Court sets aside SAT order absolving Company Secretary of liability relating to violations of buyback regulations- says Compliance Officer has to ensure compliance- Asks SAT to reexamine liability. Securities and Exchange Board of India v. V. Shankar, 2023 LiveLaw (SC) 101ConstitutionIndian Association for the Cultivation of Science (IACS) is a 'State' u/Article 12. Pushan Majumdar v. Union of India, 2023 LiveLaw (SC) 115High Courts are not subordinate to the Supreme Court, they are constitutional courts. Shankar Kumar Jha v. State of Bihar, 2023 LiveLaw (SC) 114Supreme Court dismisses challenge to delimitation in Jammu & Kashmir. Haji Abdul Gani Khan v. Union of India, 2023 LiveLaw (SC) 98Article 170 of Constitution not applicable to legislatures of union territories: Supreme Court in J&K delimitation case. Haji Abdul Gani Khan v. Union of India, 2023 LiveLaw (SC) 98While upholding J&K delimitation, the Supreme Court rejects comparisons with Telangana/AP & North Eastern states. Haji Abdul Gani Khan v. Union of India, 2023 LiveLaw (SC) 98Parliament can convert existing state into a union territory: Supreme Court in J&K delimitation case. Haji Abdul Gani Khan v. Union of India, 2023 LiveLaw (SC) 98ContemptWhen the highest court of the country has passed an order, the collector cannot await permission to implement it. Junagadh Municipal Corporation v. Adarsh Cooperative Society, 2023 LiveLaw (SC) 103DelimitationJammu and Kashmir Delimitation - There is no illegality associated with the delimitation/readjustment of Parliamentary constituencies of the Union Territory of J & K undertaken by the Delimitation Commission - there is no illegality associated with the establishment of the Delimitation Commission under the impugned Order dated 6th March 2020 - There is nothing wrong if the Central Government extended the period of appointment of the Chairperson ...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index[February 13 – 19, 2023]

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