Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (Citations 55 - 67) [January 23 – 31, 2023]

SUBJECT WISE INDEX Bail Supreme Court disapproves Allahabad HC dismissing several bail applications on the same day for default. Rahul Sharma v. State of Uttar Pradesh, 2023 LiveLaw (SC) 64 Supreme Court overturned a bail condition imposed by the High Court that a person accused of illegally claiming Input Tax Credit must deposit Rs. 70 lakhs, the alleged amount of improperly claimed ITC - Centre conceded that such a condition is unsustainable when final assessment has not taken place. Subhash Chauhan v. Union of India, 2023 LiveLaw (SC) 61 Civil Law Order XLI Rule 5 CPC - Mere filing of appeal would not operate as a stay of decree. Sanjiv Kumar Singh v. State of Bihar, 2023 LiveLaw (SC) 63 Constitutional Law Purse seine fishing - Supreme Court passes restricted interim order allowing the purse-seine fishing beyond the territorial waters of Tamil Nadu but within the Exclusive Economic Zone with conditions. Fisherman Care v. Govt of Tamil Nadu, 2023 LiveLaw (SC) 58 Legislature cannot directly overrule a judgment; but can retrospectively remove its foundation to make it ineffective. Baharul Islam v. Indian Medical Association, 2023 LiveLaw (SC) 57 Criminal Law Criminal Investigation - A defective investigation is not always fatal to the prosecution where ocular testimony is found credible and cogent. While in such a case the court has to be circumspect in evaluating the evidence, a faulty investigation cannot in all cases be a determinative factor to throw out a credible prosecution version -Non-examination of the Investigating Officer must result in prejudice to the accused; if no prejudice is caused, mere non-examination would not render the prosecution case fatal - Though mere defects in the investigative process by itself cannot constitute ground for acquittal, it is the legal obligation of the Court to examine carefully in each case the prosecution evidence de hors the lapses committed by the Investigating Officer to find out whether the evidence brought on record is at all reliable and whether such lapses affect the object of finding out the truth. (Para 28, 42) Munna Lal v. State of Uttar Pradesh, 2023 LiveLaw (SC) 60 Criminal Trial - The circumstance that most of the witnesses were related to the deceased does not per se exclude their testimony. (Para 14) Prasad Pradhan v. State of Chhattisgarh, 2023 LiveLaw (SC) 59 Land Law Land cannot be kept under temporary acquisition for years, It violates right to property under Article 300A. Manubhai Sendhabhai Bharwad v. Oil and Natural Gas Corporation Ltd; 2023 LiveLaw (SC) 55 Medical Prescribing lesser qualifications for medical practitioners serving rural areas is unconstitutional. Baharul Islam v. Indian Medical Association, 2023 LiveLaw (SC) 57 The Supreme Court strikes down Assam law allowing diploma holders to treat specified diseases and perform minor procedures. Baharul Islam v. Indian Medical Association, 2023 LiveLaw (SC) 57 Motor Accident Can employee insured under ESI Act claim motor accident compensation? The Supreme Court refers to a larger bench. Rajkumar Agrawal v. Vehicle Tata Venture, 2023 LiveLaw (SC) 62 Murder Trial 'Entitled to benefit of doubt': Supreme Court acquits accused in a 1985 murder case. Munna Lal v. State of Uttar Pradesh, 2023 LiveLaw (SC) 60 Mere long standing pre-existing dispute will not attract exception of 'grave & sudden provocation'. Prasad Pradhan v. State of Chhattisgarh, 2023 LiveLaw (SC) 59 Property When a person has relinquished rights in father's self acquired property, his sons are estopped from claiming share. Elumalai @Venkatesan v. M. Kamala, 2023 LiveLaw (SC) 65 Tax 'Premature for High Court to opine on tax evasion': Supreme Court sets aside HC order which quashed notice under Section 130 CGST Act. State of Punjab v. Shiv Enterprises, 2023 LiveLaw (SC) 56 STATUTE WISE INDEX Central Goods and Services Tax, 2017; Section 130 - Observing that it was "premature" on the part of the High Court to quash a show-cause notice issued under Section 130 of the Central Goods and Service Tax Act by invoking Article 226 jurisdiction, the Supreme Court set aside an order passed by the Punjab and Haryana High Court. State of Punjab v. Shiv Enterprises, 2023 LiveLaw (SC) 56 Code of Civil Procedure, 1908; Order 41 Rule 5 - Unless the appeal is listed and there is an interim order, the mere filing of the appeal would not operate as a stay. Sanjiv Kumar Singh v. State of Bihar, 2023 LiveLaw (SC) 63 Code of Criminal Procedure 1973; Section 156(3) - In order to cause registration of an F.I.R. and consequential investigation based on the same the petition filed under Section 156(3), Cr.P.C., must satisfy the essential ingredients to attract the alleged offences. In other words, if such allegations in the petition are vague and are not specific with respect to the alleged...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (Citations 55 - 67) [January 23 – 31, 2023]

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