Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [January 16 – 22, 2023]

SUBJECT WISE INDEX Arbitration 12 month’s time limit under Section 29A Arbitration Act not applicable to international commercial arbitration. TATA Sons Pvt. Ltd. v. Siva Industries and Holdings Ltd., 2023 LiveLaw (SC) 39 Bail Process of criminal law not for money recovery; Bail can be granted irrespective of payment of money involved. Bimla Tiwari v. State of Bihar, 2023 LiveLaw (SC) 47 Excessive conditions cannot be imposed while granting bail / suspension of sentence. Guddan @ Roop Narayan v. State of Rajasthan, 2023 LiveLaw (SC) 45 Cheque Section 138 NI Act - Accused relies on income tax returns to show complainant did not have financial capacity; Supreme Court affirms acquittal. Rajaram Sriramulu Naidu v. Maruthachalam, 2023 LiveLaw (SC) 46 Cinema Cinema theatres can prohibit viewers from bringing food articles from outside. K.C. Cinema v. State of Jammu and Kashmir, 2023 LiveLaw (SC) 38 Cinema Theatres- Supreme Court upholds the right of cinema theatres and multiplexes to prohibit the taking of food and beverages from outside. K.C. Cinema v. State of Jammu and Kashmir, 2023 LiveLaw (SC) 38 Right of cinema theatres to prohibit outside food - The condition of entry is imposed as a direct result of the exercise of the right of cinema owners to carry on a business or trade under Article 19(1)(g) of the Constitution. The commercial logic of prohibiting movie goers from carrying their own food to the cinema hall is to stimulate and boost a vital aspect of the business – the sale of food and beverages. If business owners are not permitted to determine the various facets of their business (in accordance with law), economic activity would come to a grinding halt. While movie goers may have no choice but to sign on the proverbial dotted line (and thereby not carry any food of their own into the theatre) in order to enter the cinema hall and watch a movie of their choice, this does not by itself render the condition of entry unfair, unreasonable or unconscionable. (Para 31) K.C. Cinema v. State of Jammu and Kashmir, 2023 LiveLaw (SC) 38 Restriction on bringing food and beverages in theatres from outside is not unfair, unreasonable or unconscionable. (Para 30) - Whether or not to watch a movie is entirely within the choice of viewers. If viewers seek to enter a cinema hall, they must abide by the terms and conditions subject to which entry is granted. Having reserved the right of admission, it is open to theatre owners to determine whether food from outside the precincts of the cinema hall should be permitted to be carried inside (Para 27) K.C. Cinema v. State of Jammu and Kashmir, 2023 LiveLaw (SC) 38 Coal State government can be ‘person interested’ in getting compensation under the Coal Bearing Areas (Acquisition and Development) Act. Mahanadi Coalfields Ltd. v. State of Odisha, 2023 LiveLaw (SC) 51 Criminal Law Chargesheets not 'public documents', Can't direct investigating agencies to upload them on websites. Saurav Das v. Union of India, 2023 LiveLaw (SC) 52 Chargesheets - Supreme Court refuses to direct that chargesheets filed by investigating agencies should be uploaded on a public website for public access- Court says that the directions in Youth Bar Association of India vs Union of India (2016) 9 SCC 473 regarding uploading of FIR cannot be extended to chargesheets - Court directed the copies of the FIRs to be published within 24 hours on the police websites or on the websites of the State Government, looking to the interest of the accused and so that innocent accused are not harassed and they are able to get the relief from the competent court and they are not taken by surprise. Therefore, the directions issued by this Court are in favour of the accused, which cannot be stretch to the public at large so far as the chargesheets are concerned. (Para 4.1) Saurav Das v. Union of India, 2023 LiveLaw (SC) 52 Default bail can be cancelled on merits after presentation of chargesheet. State through CBI v. T. Gangi Reddy @ Yerra Gnagi Reddy, 2023 LiveLaw (SC) 37 View that default bail cannot be cancelled on merits will reward lethargic investigation. State through CBI v. T. Gangi Reddy @ Yerra Gnagi Reddy, 2023 LiveLaw (SC) 37 Evidence Law Section 27 Evidence Act - Recovery cannot be relied upon when the statement of the accused is not recorded. Boby v. State of Kerala, 2023 LiveLaw (SC) 50 Last Seen Theory - Last seen theory comes into play where the timegap between the point of time when the accused and the deceased were last seen alive and when the deceased is found dead is so small that possibility of any person other than the accused being the author of the crime becomes impossible. If the gap between the time of last seen and the deceased found dead is long, then the possibility of other person coming in between cannot be ruled out - Solely on the basis of last seen...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [January 16 – 22, 2023]

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