Supreme Court Weekly Digest With Nominal And Subject/Statue Wise Index (Citations 181 - 210) Part 3 [March 13 – 19, 2023]

SUBJECT WISE INDEXBailEnsure basic essentials such as FIR number, police station are recorded in bail orders: Supreme Court to all High Courts. Ravish Kumar v. State of Bihar, 2023 LiveLaw (SC) 206'Bail can be cancelled if serious offences are subsequently added to FIR': Supreme Court sets aside bail in 'casting couch' case. Ms. X v. State of Maharashtra, 2023 LiveLaw (SC) 205Bhopal Gas TragedyBhopal Gas Tragedy - Supreme Court dismisses Centre's curative plea seeking additional compensation from Union Carbide Corporation after reopening settlement entered in 1989 which was approved by the Supreme Court-The Union has filed the present curative petitions seeking to reopen the settlement after opposing attempts by private parties to do so. The responsibility was placed on the Union of India, being a welfare State to make good the deficiency and to take out the relevant insurance policies. Surprisingly, we are informed that no such insurance policy was taken out. This is gross negligence on part of the Union of India and is a breach of the directions made in the review judgment. The Union cannot be negligent on this aspect and then seek a prayer from this Court to fix such liability on UCC. (Para 46) Union of India v. Union Carbide Corporation, 2023 LiveLaw (SC) 200Bhopal Gas Tragedy - While we sympathize with the victims of the awful tragedy, we are unable to disregard settled principles of law, particularly at the curative stage. Mere sympathy for the sufferers does not enable us to devise a panacea; more so while looking into the nature of dispute, and the multifarious occasions on which this Court has applied its mind to the settlement. (Para 40) Union of India v. Union Carbide Corporation, 2023 LiveLaw (SC) 200Bhopal Gas Tragedy - Union of India’s claim for a ‘top up’ has no foundations in any known legal principle. Either a settlement is valid or it is to be set aside in cases where it is vitiated by fraud. No such fraud has been pleaded by the Union, and their only contention relates to a number of victims, injuries, and costs that were not contemplated at the time the settlement was effected - We are equally dissatisfied with the Union being unable to furnish any rationale for raking up this issue more than two decades after the incident. (Para 47, 48) Union of India v. Union Carbide Corporation, 2023 LiveLaw (SC) 200Bhopal Gas Tragedy - A sum of Rs.50 crore lying with the RBI shall be utilised by the Union of India to satisfy pending claims, if any, in accordance with the Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985 and the Scheme framed thereunder. (Para 49) Union of India v. Union Carbide Corporation, 2023 LiveLaw (SC) 200Bhopal Gas Tragedy - Providing closure to a lis is also a very important aspect. This is more so in the context of the scenario faced by the Indian judiciary, where delay is almost inevitable. This concern would be further amplified in respect of a tort claim such as the present one - if evidence were to be led for each claimant, this would open a pandora’s box in UCC’s favour and would only be to the detriment of the beneficiaries. (Para 50) Union of India v. Union Carbide Corporation, 2023 LiveLaw (SC) 200Canon LawKerala High Court's observation that church assets are governed by public trust law and Bishops have no power to alienate them are prima facie in nature, no finality can be attached to them. (Para 21, 22) Cardinal Mar George Alencherry v. State of Kerala, 2023 LiveLaw (SC) 203Civil LawShould a Judgment be reviewed because it followed a precedent which was later overruled ? Govt. of NCT of Delhi v. K.L. Rathi Steels Ltd; 2023 LiveLaw (SC) 204Cause of action for redemption suit is successive, second suit by mortgagor not barred by default dismissal of first suit. Ganesh Prasad v. Rajeshwar Prasad, 2023 LiveLaw (SC) 189Pleadings - A entitled to take alternative pleas in support of its case - plaintiff is entitled to plead even inconsistent pleas while seeking alternative reliefs. (Para 41, 42) Ganesh Prasad v. Rajeshwar Prasad, 2023 LiveLaw (SC) 189Community CertificateCourt is appalled at the treatment given to the Appellant by the Respondents herein. The Appellant, before applying to the post reserved for ST candidates supplied all documents required in support of his claim as a ST candidate, and got the documents verified and approved. After being given employment however, the re-evaluation of the authenticity of the documents of the Appellant have been kept pending for 19 years, dangling like a sword on the Appellants head. (Para 13) Community Certificate - The exercise of verification of community certificate must be completed expeditiously. (Para 16) R. Sundaram v. Tamilnadu State Level Scrutiny Committee, 2023 LiveLaw (SC) 207A community certificate in cases of scheduled tribe communities, unlike any other piece of paper, is an acknowledgment of a person belonging to a community which has faced years of oppression. The Constitution of India guarantees...

Supreme Court Weekly Digest With Nominal And Subject/Statue Wise Index (Citations 181 - 210) Part 3 [March 13 – 19, 2023]

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