Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (Citations 446 - 460) [May 22 – 28, 2023]

SUBJECT WISE INDEXAnimal WelfareSupreme Court upholds laws allowing jallikattu, kambala & bull-cart racing In Tamil Nadu, Karnataka & Maharashtra. Animal Welfare Board of India v. Union of India, 2023 LiveLaw (SC) 447'Century old practice': Supreme Court disagrees with 2014 verdict which held that jallikattu was not part of the cultural heritage of Tamil Nadu. Animal Welfare Board of India v. Union of India, 2023 LiveLaw (SC) 447Jallikattu Case - Supreme Court refuses to extend fundamental rights to animals. Animal Welfare Board of India v. Union of India, 2023 LiveLaw (SC) 447Jallikattu law can't be termed arbitrary merely because bulls lack natural ability to run like horses. Animal Welfare Board of India v. Union of India, 2023 LiveLaw (SC) 447BailThe Supreme Court has expressed concern over the practice prevailing in Orissa High Court whereby different bail applications arising out of same FIR are listed before different Benches of the High Court. Such practice leads to ‘anomalous situation’ as some accused may be granted bail by a Bench while some other accused persons (in the same crime) may be denied bail by a different Bench, notwithstanding that all of them are similarly placed in many cases. Pradhani Jani v. State of Odisha, 2023 LiveLaw (SC) 455Civil Law'Lis Pendens' under O. XXI Rule 102 CPC to transfer after suit's dismissal - Executing Court should determine if transfer was before appeal. Jini Dhanrajgir v. Shibu Mathew, 2023 LiveLaw (SC) 450ConstitutionArticle 299 | No immunity from statute merely because a contract is entered in the President's name. Glock Asia-Pacific Ltd. v. Union of India, 2023 LiveLaw (SC) 459The Writ Court cannot stop implementation of a statutory provision without holding it unconstitutional. Dhanraj v. Vikram Singh, 2023 LiveLaw (SC) 456ElectricityElectricity dues of previous occupier can be recovered from subsequent occupier of premises. K.C. Ninan v. Kerala State Electricity Board, 2023 LiveLaw (SC) 453Frivolous LitigationsJust as bad coins drive out good coins from circulation, bad cases drive out good cases from being heard on time. Because of the proliferation of frivolous cases in the courts, the real and genuine cases have to take a backseat and are not being heard for years together. The party who initiates and continues a frivolous, irresponsible and senseless litigation or who abuses the process of the court must be saddled with exemplary cost, so that others may deter to follow such course. (Para 20) Chanchalapati Das v. State of West Bengal, 2023 LiveLaw (SC) 446The matter should be viewed more seriously when people who claim themselves and project themselves to be the global spiritual leaders, engage themselves into such kind of frivolous litigations and use the court proceedings as a platform to settle their personal scores or to nurture their personal ego. (Para 20) Chanchalapati Das v. State of West Bengal, 2023 LiveLaw (SC) 446Judgment Practice and Procedure - If the judgment is not delivered within 6 months after reserving it, then it should be assigned to another bench for fresh hearing, and not to the same bench. Umesh Rai @ Gora Rai v. Union of India, 2023 LiveLaw (SC) 448Judicial ServiceThe Supreme Court delivered split judgment in a matter pertaining to Rajasthan High Court denying appointment of applicants to the post of Civil Judge on the ground that they had submitted the category certificate beyond the cut-off date. The Bench expressed a divergent view on the issue. Justice Rastogi quashed the order of the Rajasthan High Court and allowed the appeal. He was of the opinion that to do complete justice, Article 142 of the Constitution of India is to be invoked to direct the respondents to consider each of the appellants for appointment who could not be adjusted against the advertised vacancies. However, Justice Trivedi concluded that the appellants who are the defaulters could not be given preferential treatment by accepting the certificates produced by them as valid, though the same were obtained by them after the last date for the submission of applications fixed in the advertisement. Sakshi Arha v. Rajasthan High Court, 2023 LiveLaw (SC) 460Adverse observations against Judicial Officers - Orders making adverse observations with regard to the manner in which a judicial officer has exercised discretion in any matter should not be made without opportunity to the person concerned whose career and esteem will be affected. Ashvini Vijay Shiriyannavar v. State of Karnataka, 2023 LiveLaw (SC) 458District judiciary should not be called 'subordinate judiciary'. Judges are not employees of state. District judiciary's independence part of basic structure. Increase in salary of high court judges must reflect in same proportion to district judges. All India Judges Association v. Union of India, 2023 LiveLaw (SC) 452The inability of a judicial officer to reach the prescribed targets of disposal or not satisfying the quantitative norms during the initial...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (Citations 446 - 460) [May 22 – 28, 2023]

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