Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index(Citations 164 - 180) Part 2 [March 6 – 12, 2023]

SUBJECT WISE INDEXAuctionPossession of license to do business in shop does not entitle party to allotment of auction platform as matter of right. Gurjit Singh v. Union Territory, 2023 LiveLaw (SC) 180ConstitutionPetition under article 32 to challenge a binding judgment not maintainable. Vijayalakshmi Jha v. Union of India, 2023 LiveLaw (SC) 179ContemptCourts should not summon the appearance of officials at the “Drop of the Hat”. State of U.P. v. Prahalad Singh, 2023 LiveLaw (SC) 176Criminal LawSection 438 Cr.P.C. | Can HCs refuse to entertain anticipatory bail pleas for not exhausting Sessions Court remedy? Supreme Court to Consider. Gauhati High Court Bar Association v. State of Assam, 2023 LiveLaw (SC) 177Section 319 Cr.P.C. power is to be exercised only if strong & cogent evidence occurs against a person. Vikas Rathi v. State of U.P., 2023 LiveLaw (SC) 172Sex with minor wife: Supreme Court acquits husband of rape relying on exception 2 to Sec 375 IPC. Siddaruda @ Karna v. State of Karnataka, 2023 LiveLaw (SC) 170Section 313 Cr.P.C. - Written statement of the accused has to be considered in the light of prosecution evidence. Premchand v. State of Maharashtra, 2023 LiveLaw (SC) 168Section 313 Cr.P.C.: Supreme Court Summarises 10 well-settled principles. Premchand v. State of Maharashtra, 2023 LiveLaw (SC) 168Mere intimidation to silence kidnapped child victim not sufficient to prove threat to life & limb. Ravi Dhingra v. State Haryana, 2023 LiveLaw (SC) 167EducationPost graduate degree from an open university without undergoing a basic degree course is not valid. P. Raman v. Government of Tamil Nadu, 2023 LiveLaw (SC) 169ElectricitySupreme Court upholds 'Change in Law' compensation for Adani Power; Flays State DISCOMs for taking a stand contrary to Union Govt. Maharashtra State Electricity Distribution Company Ltd. v. Adani Power Maharashtra Ltd., 2023 LiveLaw (SC) 166EvidenceExtra-Judicial confession is a weak piece of evidence, independent corroboration needed. Nikhil Chandra Mondal v. State of West Bengal, 2023 LiveLaw (SC) 171InsolvencyReliance Home Finance Insolvency: Supreme Court allows debenture holders to be covered under resolution plan of Authum Investments. Authum Investment and Infrastructure Ltd. v. R.K. Mohatta Family Trust, 2023 LiveLaw (SC) 173Mines & MineralsCollector is competent authority to cancel lease deed under Rule 51(7) OMMC Rules. Debidutta Mohanty v. Ranjan Kumar Pattanaik, 2023 LiveLaw (SC) 174Service LawCompassionate Appointment - Principles summarized. (Para 7.2) State of West Bengal v. Debabrata Tiwari, 2023 LiveLaw (SC) 175Compassionate Appointment - Since compassionate appointment is not a vested right and the same is relative to the financial condition and hardship faced by the dependents of the deceased government employee as a consequence of his death, a claim for compassionate appointment may not be entertained after lapse of a considerable period of time since the death of the government employee. (Para 7.5) State of West Bengal v. Debabrata Tiwari, 2023 LiveLaw (SC) 175Compassionate Appointment - Delay on the part of the authorities of the State to decide claims for compassionate appointment would no doubt frustrate the very object of a scheme of compassionate appointment. Government officials are to act with a sense of utmost proactiveness and immediacy while deciding claims of compassionate appointment so as to ensure that the wholesome object of such a scheme is fulfilled. (Para 14) State of West Bengal v. Debabrata Tiwari, 2023 LiveLaw (SC) 175Compulsory retirement order can be set aside if it's found to be punitive & was passed to circumvent disciplinary proceedings. Captain Pramod Kumar Bajaj v. Union of India, 2023 LiveLaw (SC) 165Supreme Court sets aside order of CBDT passed to compulsorily retire a gazetted officer-any exercise of power that exceeds the parameters prescribed by law or is motivated on account of extraneous or irrelevant factors or is driven by malicious intent or is on the face of it, so patently arbitrary that it cannot withstand judicial scrutiny, must be struck down -In such a case, this Court is inclined to pierce the smoke screen and on doing so, we are of the firm view that the order of compulsory retirement in the given facts and circumstances of the case cannot be sustained. The said order is punitive in nature and was passed to short-circuit the disciplinary proceedings pending against the appellant and ensure his immediate removal. The impugned order passed by the respondents does not pass muster as it fails to satisfy the underlying test of serving the interest of the public. (Para 34) Captain Pramod Kumar Bajaj v. Union of India, 2023 LiveLaw (SC) 165TaxThe Supreme Court grants relief to ITAT member whose appointment was delayed for not filing income tax returns. Madras Bar Association v. Union of India, 2023 LiveLaw (SC) 178WildlifeThe Supreme Court forms a committee to oversee transfer/import of wild animals in India. Muruly...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index(Citations 164 - 180) Part 2 [March 6 – 12, 2023]

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