Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [September 11 – 17, 2023]

Citations: 2023 LiveLaw (SC) 763 To 2023 LiveLaw (SC) 799SUBJECT WISE INDEXAdvocateIt is very unfortunate that the Advocates representing the State Government have to approach the Court of Law for recovery of their fees - Ensure that an Advocate who appears for the State is paid his fees within a reasonable time. State of Uttar Pradesh v. Bina Pandey, 2023 LiveLaw (SC) 769Disciplinary Action against advocate who was running taxi service - The findings of the Disciplinary Committee of the Bar Council are based on documentary evidence - The Supreme Court found no error in the decision of BCI to bar the advocate from practice for one year. Phoola Ram Jaat v. Sanwar Singh, 2023 LiveLaw (SC) 768Advocate acting as real estate agent and selling a client's property amounts to misconduct. The direction of the Disciplinary Committee of the Bar Council of India to suspend him as an Advocate for five years is fully justified. (Para 7) Syed Altaf Ahmed v. S. Suson, 2023 LiveLaw (SC) 767Armed ForcesAre civilian employees of Armed Forces Unit Run Canteens (URCs) Government Servants? - The matter refers to Larger Bench. (Para 6 – 8) Union of India v. Vinod Kumar, 2023 LiveLaw (SC) 795BailOnce the High Court came to the conclusion that the accused was entitled to bail, there was no reason to restrict the bail to the period of three months. Ranjit Digal v. State of Odisha, 2023 LiveLaw (SC) 772When accused persons are in prison, it is the duty of the police to produce them before the trial court. If the police fail to produce them before the court, then the accused cannot be made to suffer due to such negligence of the police. Satendra Babu v. State of Uttar Pradesh, 2023 LiveLaw (SC) 766ChequeThe Supreme Court comes to the rescue of a party who filed a cheque bounce case in wrong court after noting he got incorrect legal advice. Bijoy Shankar Mishra v. State of Jharkhand, 2023 LiveLaw (SC) 798Section 148 NI Act - Deposit of minimum 20% amount is not an absolute rule; can be relaxed if an exceptional case is made out. Jamboo Bhandari v. M.P. State Industrial Development Corporation Ltd; 2023 LiveLaw (SC) 776 : 2023 INSC 822Civil LawRes judicata can't be decided in application under Order VII Rule 11 CPC as previous suit documents have to be seen. Keshav Sood v. Kirti Pradeep Sood, 2023 LiveLaw (SC) 799Constitution of IndiaArticle 20(1) of the Constitution doesn't bar retrospective application of procedural changes in criminal trial. Central Bureau of Investigation v. R.R. Kishore, 2023 LiveLaw (SC) 770 : 2023 INSC 817Once a law is declared unconstitutional, it becomes inoperative from its inception; void ab initio. Central Bureau of Investigation v. R.R. Kishore, 2023 LiveLaw (SC) 770 : 2023 INSC 817Consumer LawParty has the right to address final arguments before NCDRC despite not filing a written version. ARN Infrastructure India Ltd. v. Hara Prasad Ghosh, 2023 LiveLaw (SC) 763CopyrightIn suit for passing off, the plaintiff is required to prove figures of sale/ advertisement expenses to establish goodwill. Brihan Karan Sugar Syndicate Pvt. Ltd. v. Yashwantrao Mohite Krushna Sahakari Sakhar Karkhana, 2023 LiveLaw (SC) 784 : 2023 INSC 831Corruption Public servants lose immunity in pre-2014 corruption cases; Supreme Court clarifies that striking down of Sec 6A DSPE Act has retrospective effect. Central Bureau of Investigation v. R.R. Kishore, 2023 LiveLaw (SC) 770 : 2023 INSC 817Criminal LawSupreme Court refuses to quash FIR against UP Congress leader over alleged 'Modi-Adani love affair’ remark. Sachin Chaudhary v. State of U.P., 2023 LiveLaw (SC) 797Principle of Parity - When there is similar or identical evidence of eyewitnesses against two accused by ascribing them the same or similar role, the Court cannot convict one accused and acquit the other. In such a case, the cases of both the accused will be governed by the principle of parity. This principle means that the Criminal Court should decide like cases alike, and in such cases, the Court cannot make a distinction between the two accused, which will amount to discrimination. (Para 15) Javed Shaukat Ali Qureshi v. State of Gujarat, 2023 LiveLaw (SC) 782 : 2023 INSC 829Standard of proof to prove insanity is only 'reasonable doubt' : Supreme Court acquits man accused of killing his grandfather. Rupesh Manger (Thapa) v. State of Sikkim, 2023 LiveLaw (SC) 781 : 2023 INSC 826Supreme Court refers sedition law challenge to larger bench, says new bill to replace IPC can't affect past cases. S.G. Vombatkere v. Union of India, 2023 LiveLaw (SC) 780The Supreme Court upholds life sentence for men who murdered woman alleging witchcraft. Bhaktu Gorain v. State of West Bengal, 2023 LiveLaw (SC) 779 : 2023 INSC 821Cross-ExaminationHuge pendency of suits in the Trial Courts - If the members of the Bar do not cooperate with the Trial Courts, it will be very difficult for our Courts to deal with the huge arrears. While a trial is being conducted, the members of the Bar are expected to act ...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [September 11 – 17, 2023]

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