Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (Citations 282 - 307) [April 10 – 16, 2023]

SUBJECT WISE INDEXAdvocateDuty of all genuine lawyers to get their degrees verified: Supreme Court forms expert committee to oversee verification. Ajay Shankar Srivastava v. Bar Council of India, 2023 LiveLaw (SC) 307ArbitrationSection 34 application must be filed within 90 days limitation to claim exclusion of period when court remain closed. Bhimashankar Sahakari Sakkare Karkhane Niyamita v Walchandnagar Industries Ltd; 2023 LiveLaw (SC) 288Limited scrutiny of court under Section 11 of Arbitration Act through the “eye of the needle”, is necessary and compelling. NTPC Ltd v. SPML Infra Ltd; 2023 LiveLaw (SC) 287Armed ForcesIn the armed forces of the Union, including the paramilitary forces, utmost discipline, unity of command et al are the sine qua non. That said, the doctrine of proportionality still holds the field. (Para 36) B.S. Hari Commandant v. Union of India, 2023 LiveLaw (SC) 303Supreme Court sets aside punishment imposed on BSF Commandant for allegedly allowing trans-border drugs smuggling. B.S. Hari Commandant v. Union of India, 2023 LiveLaw (SC) 303BailThe order of the High Court directing that the appellant be arrested immediately and seeking an explanation from the Second Additional Sessions Judge was wholly disproportionate and was not warranted. Such orders of the High Court produce a chilling effect on the District judiciary. The members of the district judiciary cannot be placed in a sense of fear if they were to exercise the jurisdiction lawfully entrusted to them for granting bail in appropriate cases. Totaram v. State of Madhya Pradesh, 2023 LiveLaw (SC) 289Criminal LawAccused not entitled to default bail when first extension (passed in absence of accused) wasn't challenged & second extension was passed in his presence. Qamar Ghani Usmani v. State of Gujarat, 2023 LiveLaw (SC) 297The High Court cannot quash criminal proceedings at Section 482 Cr.P.C. stage by saying charges aren't proved. Central Bureau of Investigation v. Aryan Singh, 2023 LiveLaw (SC) 292Alleged lack of jurisdiction of court no ground to transfer case: Supreme Court dismisses PFI student wing leader's plea. Ka Rauf Sherif v. Directorate of Enforcement, 2023 LiveLaw (SC) 284View that there cannot be police custody beyond 15 days from date of arrest should be reconsidered. Central Bureau of Investigation v. Vikas Mishra @ Vikash Mishra, 2023 LiveLaw (SC) 283Death PenaltyThe Supreme Court directs all the States/appropriate authorities to decide mercy petitions against death sentences at the earliest so that the benefit of delay is not accrued to the accused. State of Maharashtra v. Renuka Shinde, 2023 LiveLaw (SC) 305Even if the death penalty is to be commuted in view of inordinate delay in deciding mercy petition, an order to commute the death sentence to life imprisonment for natural life without any remission ought to be passed. State of Maharashtra v. Renuka Shinde, 2023 LiveLaw (SC) 305Judicial Service Supreme Court upholds the penalty of dismissal from service imposed on a civil judge in Karnataka - A judicial officer cannot pronounce the concluding portion of his judgment in open court without the entire text of the judgment being prepared / dictated - Supreme Court takes exception to the High Court division bench not only setting aside the penalty but also ordering that there shall be no further enquiry against the officer. Registrar General High Court of Karnataka v. Sri M.Narasimha Prasad, 2023 LiveLaw (SC) 286Judgment Uniform format for judgments - Supreme Court says that it is desirable that all Courts and Tribunals number the paragraphs in the judgments - Suggest adoption of a uniform format for Judgments and Orders, including paragraphing. (Para 56, 57) B.S. Hari Commandant v. Union of India, 2023 LiveLaw (SC) 303Land AcquisitionThe vesting of land with the State is with possession. Any person retaining the possession thereafter has to be treated as a trespasser. When a large chunk of land is acquired, the State is not supposed to put some person or police force to retain the possession and start cultivating on the land till it is utilized. The Government is also not supposed to start residing or physically occupying the same once process of the acquisition is complete - If after the process of acquisition is complete and land vest in the State free from all encumbrances with possession, any person retaining the land or any re-entry made by any person is nothing else but trespass on the State land. Land and Building Department through Secretary v. Attro Devi, 2023 LiveLaw (SC) 302Supreme Court upholds quashing of the proceedings initiated by the Orissa Government to acquire nearly 8000 acres of land for Vedanta University proposed to be established by Anil Agarwal Foundation - Violations of the provisions of the LA Act 1894 - Also notes that procedure was vitiated by favouritism - Not appreciable why the Government offered such an undue favour in favour of one trust / company - No application of mind...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (Citations 282 - 307) [April 10 – 16, 2023]

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