Supreme Court Weekly Digest March 2023 With Nominal And Subject/Statute Wise [March 1 – 5, 2023]

SUBJECT WISE INDEXCompany LawAdani-Hindenburg Issue: Supreme Court directs SEBI to conclude investigation in 2 months, constitutes expert committee to review regulatory framework. Vishal Tiwari v. Union of India, 2023 LiveLaw (SC) 160Adani-Hindenburg : Know the members of the expert committee constituted by the Supreme Court to review regulatory mechanism. Vishal Tiwari v. Union of India, 2023 LiveLaw (SC) 160Adani-Hindenburg | Formation of expert committee does not divest SEBI of its responsibilities in continuing investigation. Vishal Tiwari v. Union of India, 2023 LiveLaw (SC) 160Constitution'You want to keep the country on boil? don't belittle hinduism's greatness': Supreme Court dismisses Ashwini Upadhyay's plea to rename cities. Ashwini Kumar Upadhyay v. Union of India, 2023 LiveLaw (SC) 156'A Country can't remain prisoner of past': Supreme Court dismisses plea to rename cities named after muslim rulers; stresses on India's secular character. Ashwini Kumar Upadhyay v. Union of India, 2023 LiveLaw (SC) 156Secularism - India, that is ‘Bharat’ in terms of the preamble, is a secular country- The governance of Bharat must conform to Rule of law, secularism, constitutionalism of which Article 14 stands out as the guarantee of both equality and fairness in the State’s action. (Para 8, 9) Ashwini Kumar Upadhyay v. Union of India, 2023 LiveLaw (SC) 156Plea to rename places named after Muslim rulers - Supreme Court dismisses - The present and future of a country cannot remain a prisoner of the past- The history of any nation cannot haunt the future generations of a nation to the point that succeeding generations become prisoners of the past. (Para 9, 11) Ashwini Kumar Upadhyay v. Union of India, 2023 LiveLaw (SC) 156Fraternity - The golden principle of fraternity which again is enshrined in the preamble is of the greatest importance and rightfully finds its place in the preamble as a constant reminder to all stakeholders that maintenance of harmony between different sections alone will lead to the imbibing of a true notion of nationhood bonding sections together for the greater good of the nation and finally, establish a sovereign democratic republic. We must constantly remind ourselves that courts of law, as indeed every part of the ‘State’, must be guided by the sublime realisation, that Bharat is a secular nation committed to securing fundamental rights to all sections as contemplated in the Constitution. (Para 11) Ashwini Kumar Upadhyay v. Union of India, 2023 LiveLaw (SC) 156ConsumerSupreme Court Paves way for lawyers with 10 yrs experience to be considered for consumer commission appointments; upholds striking down of centre's rules. Ministry of Consumer Affairs v. Dr. Mahindra Bhaskar Limaye, 2023 LiveLaw (SC) 161Supreme Court upholds the Bombay High Court judgment which struck down provisions of the Consumer Protection Rules which excluded persons with 10 years professional experience from appointment to State Consumer Commissions and District Consumer Forums - for appointment of President and Members of the State Commission and District Commission, the appointment shall be made on the basis of performance in written test consisting of two papers. Ministry of Consumer Affairs v. Dr. Mahindra Bhaskar Limaye, 2023 LiveLaw (SC) 161CorruptionDesirable that FIRs in corruption cases aren't quashed at the investigation stage: Supreme Court To High Courts. State of Chattisgarh v. Aman Kumar Singh, 2023 LiveLaw (SC) 158Corruption is the main reason for not achieving equal distribution of wealth; botched investigations of scams a bigger scam. State of Chattisgarh v. Aman Kumar Singh, 2023 LiveLaw (SC) 158Criminal LawMere breach of contract can't be the basis for a criminal case for cheating. Sarabjit Kaur v. State of Punjab, 2023 LiveLaw (SC) 157Transfer of Investigation to CBI - The power to transfer the investigation is an extraordinary power. It is to be used very sparingly and in an exceptional circumstance where the Court on appreciating the facts and circumstance arrives at the conclusion that there is no other option of securing a fair trial without the intervention and investigation by the CBI or such other specialized investigating agency which has the expertise. Royden Harold Buthello v. State of Chhattisgarh, 2023 LiveLaw (SC) 154Section 256 Cr.P.C. - Not proper to acquit the accused merely for the non-appearance of the complainant who was already examined. BLS Infrastructure Ltd. v. Rajwant Singh, 2023 LiveLaw (SC) 153EducationThere cannot be any school without a playground. Even the students, who study in such a school are entitled to a good environment - Supreme Court directs removal of encroachments near school premises. State of Haryana v. Satpal, 2023 LiveLaw (SC) 163Encroachment of Public Land - Supreme Court sets aside HC direction to legalize unauthorized occupations near a school by taking the market value - SC terms the High Court direction unsustainable - Notes that the school has no...

Supreme Court Weekly Digest March 2023 With Nominal And Subject/Statute Wise [March 1 – 5, 2023]

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