Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (Citations 461 - 476) [May 28 – 31, 2023]

SUBJECT WISE INDEXArbitrationLimitation period for arbitration - cause of action to appoint arbitrator commences from the “breaking point” between parties. B and T AG v. Ministry of Defence, 2023 LiveLaw (SC) 466Limitation period for arbitration - mere negotiations between parties will not postpone the cause of action. B and T AG v. Ministry of Defence, 2023 LiveLaw (SC) 466BailAccused cannot be denied bail on the sole ground that the co-accused has not surrendered. Sebil Elanjimpally v. State of Odisha, 2023 LiveLaw (SC) 474Civil LawSecurity furnished by a judgment debtor in the form of a rented shop belonging to a third party cannot be accepted. Arti Dixit v. Sushil Kumar Mishra, 2023 LiveLaw (SC) 473ContemptSupreme Court sentences NRI father to 6 months imprisonment, imposes Rs 25 lakhs fine violating directions to bring minor son to india. Meenal Bhargava v. Naveen Sharma, 2023 LiveLaw (SC) 475Contract LawNo judicial review in commercial matters unless a case of arbitrariness, mala fide, bias or irrationality is made out. Tender / Contract - Courts not to needlessly interfere in contracts involving technical issues. The judges do not possess the necessary expertise to adjudicate technical issues beyond their domain. Restraint must be practiced in cases where the Courts are aware that their interference in technical commercial matters would incur loss to the Public Exchequer. Tata Motors Ltd. v. BrihanMumbai Electric Supply & Transport Undertaking, 2023 LiveLaw (SC) 467The Court should not ordinarily interfere in matters relating to tender or contract. A writ court should refrain from imposing its decision over the employer with respect to whether or not to accept the bid of a tenderer, unless something very gross or palpable is pointed out. Tata Motors Ltd. v. Brihan Mumbai Electric Supply & Transport Undertaking, 2023 LiveLaw (SC) 467When the Court initiates fresh tender at a stage when the contract is underway, the same consumes time and incurs losses to the public exchequer. The financial burden / implications on the public exchequer that the State may have to meet with if the Court directs issue of a fresh tender notice, should be one of the guiding factors that the Court should keep in mind. Tata Motors Ltd. v. Brihan Mumbai Electric Supply & Transport Undertaking, 2023 LiveLaw (SC) 467The courts must realise their limitations and the havoc which needless interference in commercial matters can cause. In contracts involving technical issues the courts should be even more reluctant because most of us in Judges' robes do not have the necessary expertise to adjudicate upon technical issues beyond our domain. The courts should not use a magnifying glass while scanning the tenders and make every small mistake appear like a big blunder. In fact, the courts must give “fair play in the joints” to the government and public sector undertakings in matters of contract. Courts must also not interfere where such interference will cause unnecessary loss to the public exchequer. Tata Motors Ltd. v. Brihan Mumbai Electric Supply & Transport Undertaking, 2023 LiveLaw (SC) 467Corruption Failure to plead material facts concerning alleged corrupt practice is fatal to an election petition. Senthilbalaji V. v. A.P. Geetha, 2023 LiveLaw (SC) 471Criminal Law‘Courts below failed to properly evaluate evidence’: Supreme Court acquits two convicts in 22 year old murder case. Ravi Mandal v. State of Uttarakhand, 2023 LiveLaw (SC) 470Proposed accused has the right to be heard in revision filed against dismissal of petition under Section 156(3) Cr.P.C. Santhakumari v. State of Tamil Nadu, 2023 LiveLaw (SC) 465Criminal Investigation – Voice Sample - Magistrate has the power to order the collection of a voice sample for the purpose of investigation. Pravinsinh Nrupatsinh Chauhan v. State of Gujarat, 2023 LiveLaw (SC) 463'Numerous lapses in investigation': Supreme Court frees man awarded death penalty in case for rape & murder of 6 year old girl. Prakash Nishad @ Kewat Zinak Nishad v. State of Maharashtra, 2023 LiveLaw (SC) 461Criminal TrialAt the stage of hearing on the charges, the entire evidence produced by the prosecution is to be believed and if no offence is made out, then only an accused can be discharged. Truthfulness, sufficiency and acceptability of the material produced can be done only at the stage of trial. At the stage of charge, the Court has to satisfy that a prima facie case is made out against the accused persons. Interference of the Court at that stage is required only if there is strong reasons to hold that in case the trial is allowed to proceed, the same would amount to abuse of process of the Court. (Para 11) Captain Manjit Singh Virdi v. Hussain Mohammed Shattaf, 2023 LiveLaw (SC) 462The High Court has not even referred to the evidence collected by Investigating Agency produced alongwith chargesheet in its entirety. Rather there is selective reference to the statements of some of the persons recorded during...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (Citations 461 - 476) [May 28 – 31, 2023]

LIVELAW NEWS NETWORK

Tags