Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (Citations 403 - 423) [May 8 – 14, 2023]

SUBJECT WISE INDEXArbitration2015 Arbitration Amendment not applicable though S.11 application was filed after it, if arbitration notice was issued pre-amendment. Shree Vishnu Constructions v. Engineer in Chief Military Engineering Service, 2023 LiveLaw (SC) 417Award can be said to be suffering from 'patent illegality' only if it is an illegality apparent on the face of it. Reliance Infrastructure Ltd. v. State of Goa, 2023 LiveLaw (SC) 416Court cannot, after setting aside the arbitration award, proceed to grant further relief by modifying the award. Indian Oil Corporation v. Sathyanarayana Service Station, 2023 LiveLaw (SC) 415BailThe Supreme Court directs to send Sessions Judge for training as he was not following judgments on bail. Satender Kumar Antil v. Central Bureau of Investigation, 2023 LiveLaw (SC) 410ConstitutionGNCTD vs LG: Supreme Court holds Delhi Govt has control over "services" excluding Public Order, Police & Land. Government of NCT of Delhi v. Union of India, 2023 LiveLaw (SC) 423Delhi Govt vs LG | Democratically elected Govt. should have power to control its officers to ensure accountability. Government of NCT of Delhi v. Union of India, 2023 LiveLaw (SC) 423"Governance of States can't be taken over by Union': Supreme Court underscores importance of federalism in Delhi Govt vs LG Case. Government of NCT of Delhi v. Union of India, 2023 LiveLaw (SC) 423Criminal LawSupreme Court sets aside conviction in 23 year old murder case; says prosecution failed to prove chain of circumstances. Santosh @ Bhure v. State (G.N.C.T.) of Delhi, 2023 LiveLaw (SC) 418E-filingThe judiciary has to modernize and adapt to technology. The tribunals can be no exception. This can no longer be a matter of choice. If some judges are uncomfortable with e-files, the answer is to provide training to them and not to continue with old and outmoded ways of working. If a lawyer or litigant is compelled to file physical copies in addition to e-filed documents, then they will not resort to e-filing. (Para 30) Sanket Kumar Agarwal v. APG Logistics Pvt. Ltd; 2023 LiveLaw (SC) 406It is utterly incomprehensible why NCLAT should insist on physical filing in addition to e-filing. This unnecessarily burdens litigants and the Bar and is a disincentive for e-filing. This duplication of effort is time consuming. It adds to expense. It leaves behind a carbon footprint which is difficult to efface. The judicial process has traditionally been guzzling paper. This model is not environmentally sustainable. (Para 30) Sanket Kumar Agarwal v. APG Logistics Pvt. Ltd; 2023 LiveLaw (SC) 406Election LawMaharashtra Case - Governor's decision for floor test wrong, but Uddhav Govt can't be restored as he resigned. Subhash Desai v. Principal Secretary, Governor of Maharashtra, 2023 LiveLaw (SC) 422'Governor can't enter the political arena, floor test not to decide intra-party disputes ': Supreme Court slams Maharashtra Governor. Subhash Desai v. Principal Secretary, Governor of Maharashtra, 2023 LiveLaw (SC) 422Shiv Sena Case - Supreme Court refers 'Nabam Rebia' Judgment to larger bench; says it is in conflict with 'Kihoto Hollohan’ Judgment. Subhash Desai v. Principal Secretary, Governor of Maharashtra, 2023 LiveLaw (SC) 422Shiv Sena Case | Speaker's decision recognising Eknath Shinde as leader & Gogawale as whip illegal; only political party can appoint whip & leader. Subhash Desai v. Principal Secretary, Governor of Maharashtra, 2023 LiveLaw (SC) 422Test of legislative majority futile to decide who is 'real' Shiv Sena; ECI's recognition will apply prospectively. Subhash Desai v. Principal Secretary, Governor of Maharashtra, 2023 LiveLaw (SC) 422ElectricityCERC can't go beyond express terms of contract; APTEL can't discover new "change in law" which parties never contemplated. Haryana Power Purchase Centre v. Sasan Power Ltd; 2023 LiveLaw (SC) 409Evidence LawCircumstantial Evidence - Failure to render plausible explanation - In a case based on circumstantial evidence, false explanation or non-explanation can only be used as an additional circumstance when the prosecution has proved the chain of circumstances leading to a definite conclusion with regard to the guilt of the accused. (Para 83) Santosh @ Bhure v. State (G.N.C.T.) of Delhi, 2023 LiveLaw (SC) 418Accused were not traceable - Once the body was found and police entered the scene, after the first information report, even if the accused had been away and innocent, his instinct of self-preservation would have got the better of him to evade arrest till better counsel prevailed upon him to surrender. Such conduct by itself is not reflective of a guilty mind. (Para 70) Santosh @ Bhure v. State (G.N.C.T.) of Delhi, 2023 LiveLaw (SC) 418Admissibility of the FSL Report - Handwriting Expert Opinion - though it is not impermissible to base a finding with regard to authorship of a document solely on the opinion of a handwriting expert but, as a rule of prudence, because of imperfect nature of the...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (Citations 403 - 423) [May 8 – 14, 2023]

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