Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [July 24 – 31, 2023]

SUBJECT WISE INDEXArrest and Detention Arnesh Kumar Guidelines - The Supreme Court reiterated the guidelines laid down for arrest under Section 498A of the Indian Penal Code, 1860 and for other offences punishable by a maximum jail term of seven years in its 2014 Arnesh Kumar judgement - Also directed high courts and police chiefs to issue notifications and circulars in terms of the 2014 judgement to ensure strict compliance. (Para 12) Md. Asfak Alam v. State of Jharkhand, 2023 LiveLaw (SC) 583 : 2023 INSC 660Armed Forces'Discipline is a non-negotiable condition of service in Armed Forces': Supreme Court dismisses appeal of suspended army driver who overstayed leave. Ex Sepoy Madan Prasad v. Union of India, 2023 LiveLaw (SC) 580 : 2023 INSC 656BailSupreme Court grants bail to Vernon Gonsalves and Arun Ferreira in Bhima Koregaon case. Vernon v. State of Maharashtra, 2023 LiveLaw (SC) 575 : 2023 INSC 655Cannot grant interim protection to accused while rejecting anticipatory bail plea : Supreme Court 'amazed' at HC's self-contradictory order. State of Uttar Pradesh v. Mohd. Afzal, 2023 LiveLaw (SC) 566'Bail orders must be backed by reasons considering vital aspects': Supreme Court sets aside 'casual & cryptical' HC order. Rohit Bishnoi v. State of Rajasthan, 2023 LiveLaw (SC) 560Cantonment No legal right to seek de-sealing of property by cantonment board, when building plan not been sanctioned. Ram Kishan v. Manish Kumar, 2023 LiveLaw (SC) 568 : 2023 INSC 640Cinema'Everybody is getting touchy about everything now, tolerance for films, books going down': Supreme Court dismisses plea against 'Adipurush' movie. Mamta Rani v. Union of India, 2023 LiveLaw (SC) 559Civil LawNon-Participation in a proceeding of a restitution of conjugal rights has civil consequences. Poonam Anjur Pawar vs Ankur Ashokbhai Pawar, 2023 LiveLaw (SC) 579Substantial questions of law not required to be formulated in second appeals arising out of States of Punjab & Haryana. Gurbachan Singh v. Gurcharan Singh, 2023 LiveLaw (SC) 562 : 2023 INSC 639ConstitutionArticle 136 | SLP against NCDRC's order passed in exercise of its appellate/revisional jurisdiction cannot be entertained. Universal Sompo General Insurance Co. Ltd. v. Suresh Chand Jain, 2023 LiveLaw (SC) 567 : 2023 INSC 649Paradoxically, the right to vote isn't a fundamental right though democracy is an essential feature of the constitution. Bhim Rao Baswanth Rao Patil v. K. Madan Mohan Rao, 2023 LiveLaw (SC) 563Criminal LawNot necessary to give opportunity of hearing to person summoned u/section 319 Cr.P.C. before adding him as accused. Yashodhan Singh v. State of U.P., 2023 LiveLaw (SC) 576 : 2023 INSC 652Section 319 Cr.P.C. - Merits of evidence has to be appreciated only during trial; not at the stage of summoning the accused. Sandeep Kumar v. State of Haryana, 2023 LiveLaw (SC) 573 : 2023 INSC 654DelayJustice oriented approach to be adopted while dealing with delay condonation plea. Raheem Shah v. Govind Singh, 2023 LiveLaw (SC) 572 : 2023 INSC 651ElectionVoter has the right to know the full background of the candidate; the right to vote based on informed choice is crucial to democracy. Bhim Rao Baswanth Rao Patil v. K. Madan Mohan Rao, 2023 LiveLaw (SC) 563Enforcement The Supreme Court extended the term of the Director of the Directorate of Enforcement (ED) till September 15 in "larger public interest". No further application would be entertained for grant of extension. The respondent will cease to be the director of ED with effect of midnight of 15th/16th September 2023. Jaya Thakur v. Union of India, 2023 LiveLaw (SC) 578Labour LawModel Standing Order - Any settlement, the employee Union enters into with the Employer would not override the Model Standing Order, unless it is more beneficial to the employees - Certified standing orders have a statutory force. The Standing Order implies a contract between the employer and the workman - The employer and workman cannot enter into a contract overriding the statutory contract embodied in the certified Standing Orders. (Para 6 - 13) Bharatiya Kamgar Karmachari Mahasangh v. Jet Airways Ltd., 2023 LiveLaw (SC) 564 : 2023 INSC 646Matrimonial DisputePower to impound passport - The Police took custody of the appellant’s passport in the exercise of powers under Section 91 of Cr.P.C. and handed over the same to the Regional Passport Office. We fail to understand why the passport of the appellant was required for the purpose of the pending criminal case. Therefore, the exercise of calling upon the appellant to submit his passport was not legal. Thereafter, the passport was never impounded in exercise of power under Section 10 of the PP Act. There is nothing on record to show that the passport was seized under Section 102 of Cr.P.C. As there was neither a seizure of the passport nor impounding thereof, the appellant was entitled to return of the passport. As there was neither a seizure nor impounding of the passport, it was unauthorisedly retained ...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [July 24 – 31, 2023]

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