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Supreme Court Weekly Round-Up (12th- 17th February, 2024)
Gyanvi Khanna
18 Feb 2024 3:45 AM GMT
With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest, dedicated to keeping our readers abreast of the most recent legal developments in the country's apex court. This digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the past week, providing a...
With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest, dedicated to keeping our readers abreast of the most recent legal developments in the country's apex court. This digest aims to inform you about the latest judgments, orders, and Public Interest Litigations (PILs) filed in the Supreme Court during the past week, providing a succinct overview.
Orders/ Judgments
Case Title: Arha Media and Broadcasting Private Limited v. Google India Private Limited & Ors., Special Leave Petition (Civil) No. 2711 of 2024
Coram: Chief Justice DY Chandrachud and Justices Manoj Misra and Satish Chandra Sharma
The Supreme Court issued notice to Google India on petitions filed by tech start-ups challenging Google Play Store's billing policy as exploitative.
However, the bench refused to immediately stay Google's decision to remove apps from its Play Store over non-compliance with its billing policies.
Case Title: K. Babu V. M. Swaraj, SLP (C) No. 15320/2023
Coram: Justices Aniruddha Bose and PV Sanjay Kumar
The Supreme Court dismissed the petition filed by K Babu, Congress MLA from Kerala, challenging the maintainability of the election petition filed by CPI(M) leader M Swaraj in the Kerala High Court challenging the former's election from Thrippunithura constituency in the 2021 assembly elections.
Babu had approached the Supreme Court challenging the Kerala High Court's order, which rejected his preliminary objections to Swaraj's petition.
Case Title: PRIYANKA PRAKASH KULKARNI VERSUS MAHARASHTRA PUBLIC SERVICE COMMISSION., 2024 LiveLaw (SC) 107
Coram: Justices Vikram Nath and Satish Chandra Sharma
The Supreme Court observed that the courts should not give a hypertechnical interpretation to the clause(s) that would nullify the effect of the corrigendum/instructions.
Case Title: VINOD KANJIBHAI BHAGORA vs. THE STATE OF GUJARAT., 2024 LiveLaw (SC) 108
Coram: Justices Vikram Nath and Satish Chandra Sharma
The Supreme Court, while granting a pension to a government employee under Gujarat Civil Services (Pension) Rules, 2022, observed that a government servant earns a pension in lieu of tireless service by him/ her. Further, pension is often an important consideration for the person(s) seeking government employment.
Case Title: PRABHU VERSUS THE STATE REP BY THE INSPECTOR OF POLICE & ANR., 2024 LiveLaw (SC) 112
Coram: Justices Vikram Nath and K.V. Viswanathan
The Supreme Court observed that merely advising a partner to marry as per the advice of parents would not attract the penal provisions of abetment to suicide under Section 306 of the Indian Penal.
Appointment Of Deputy Chief Ministers Not Unconstitutional : Supreme Court
Case Title: PUBLIC POLITICAL PARTY vs. UNION OF INDIA W.P.(C) No. 000090 - / 2024
Coram: Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra
The Supreme Court dismissed a PIL challenging the appointment of Deputy Chief Ministers in various states as being violative of Article 14. The Court opined that the Deputy Chief Minister was firstly a minister within the state government and the position was merely a label and nothing more.
Case Title: Internet Freedom Foundation & Ors. v. Union Of India & Ors., Diary No. 53491 of 2023
Coram: Justices Sanjiv Khanna and Dipankar Datta
The Supreme Court refused to entertain a public interest litigation (PIL) petition filed by the Internet Freedom Foundation (IFF) challenging the constitutionality of the Criminal Procedure (Identification) Act, 2022, and the attendant rules, but granted the organisation liberty to approach the jurisdictional high court.
Case Title: NAVEEN PRAKASH NAUTIYAL AND ORS. v. UNION OF INDIA AND ORS., W.P.(C) No. 1079/2023
Coram: Justices Surya Kant and KV Viswanathan
In a plea against limitation of the number of times a candidate can contest Students Union elections for office bearer and executive posts, the Supreme Court issued notice.
Case Title: Samvidhan Bachao Trust v Election Commission of India W.P.(C) No. 1228/2023 PIL-W
Coram: Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra
The Supreme Court, taking note of the response of the Election Commission of India, closed the proceedings relating to the issue of duplication of names in electoral rolls. The bench noted that there exist adequate measures for the aggrieved voters to approach the Registration Officer in the event of any error or deletion of their names in the voters' list.
Case Title: SUSHIL KUMAR PANDEY & ORS. VERSUS THE HIGH COURT OF JHARKHAND & ANR., 2024 LiveLaw (SC) 109
Coram: Justices Aniruddha Bose and Sanjay Kumar
Recently, the Supreme Court observed that after the performance of individual candidates is assessed, then it would be impermissible for the High Court to alter the selection criteria for the appointment of District Judiciary Judges.
Application Seeking Further Investigation Can Be Treated As Protest Petition : Supreme Court
Case Title: XXX VERSUS THE STATE REPRESENTED THR. THE INSPECTOR OF POLICE & ANR., 2024 LiveLaw (SC) 110
Coram: Justices Surya Kant and K.V. Viswanathan
The Supreme Court observed that an application seeking further investigation can be treated as a protest petition if the application prima facie establishes the commission of the offences, and such an application can't be technically rejected because procedural recourse of filing a protest petition is not followed.
Case Title: Tejashwi Prasad Yadav v. Hareshbhai Pranshankar Mehta, TP(Crl) No. 846/2023
Coram: Justices Abhay S Oka and Ujjal Bhuyan
The Supreme Court quashed the complaint of criminal defamation filed against former Deputy Chief Minister of Bihar Tejashwi Yadav over alleged "Gujarati hi thag hai ho sakta hai (only Gujaratis can be cheats)" remark made by him during a media address.
Case Title: GREATER NOIDA INDUSTRIAL DEVELOPMENT AUTHORITY VERSUS PRABHJIT SINGH SONI & ANR., 2024 LiveLaw (SC) 111
Coram: Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra
The Supreme Court observed that the claim submitted by the Resolution Applicant (RA) under the Corporate Insolvency Resolution Process (CIRP) cannot be rejected/overlooked merely on the fact that the claim submitted appears to be in a different form other than the form in which the claim needs to be submitted.
Supreme Court Grants Bail To Shiv Sena (UBT) Member Sadanand Kadam In Money Laundering Case
Case Title: SADANAND GANGARAM KADAM VERSUS DIRECTORATE OF ENFORCEMENT & ANR., CRIMINAL APPEAL NO(S).815 OF 2024
Coram: Justices Abhay S. Oka and Ujjal Bhuyan
The Supreme Court granted bail to Sadanand Kadam, a close associate of Shiv Sena (UBT) MLC Anil Parab, accused in a money laundering case in connection with the construction of an allegedly illegal resort named 'Sai Resort' in Dapoli, situated in Maharashtra's Ratnagiri district.
Case Title: ASSOCIATION FOR DEMOCRATIC REFORMS v. UNION OF INDIA, W.P.(C) No. 87/2024
Coram: Justices Sanjiv Khanna and Dipankar Datta
The Supreme Court refused to stay the operation of Section 7 of the Chief Election Commissioner and Other Election Commissioners Act, 2023 in a fresh petition challenging the Constitutionality of the provision. However, the Bench has issued notice in the plea.
Case Title: Dr.Kavita Kamboj v. High Court of Punjab and Haryana and Others Diary No(s).508/2024
Coram: Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Manoj Misra
The Supreme Court upheld a criteria set by the Punjab and Haryana High Court that judicial officers seeking promotion to the post of District Judges should secure a minimum of 50% marks in the interviews.
Case Title: DIRECTORATE OF ENFORCEMENT vs. NIRAJ TYAGI., 2024 LiveLaw (SC) 114
Coram: Justices Bela M. Trivedi and Prasanna B. Varale
The Supreme Court set aside the interim protection granted to Indiabulls Housing Finance Ltd. officers in an FIR registered against on a complaint by the Director of Shipra Estate and the consequent investigation by the Enforcement Directorate.
Case Title: KRISHNA & ORS. VERSUS TEK CHAND & ORS., 2024 LiveLaw (SC) 116
Coram: Justices BV Nagarathna and Augustine George Masih
In a recent case, the Supreme Court observed that the family of a deceased in a motor accident cannot seek "double benefits". If the family has received benefits from the State Government on account of the death of the deceased, then such benefits are liable to be deducted from the compensation payable under the Motor Vehicles Act.
Case Title: MALLAPPA & ORS. VERSUS STATE OF KARNATAKA., 2024 LiveLaw (SC) 115
Coram: Justices Bela M. Trivedi and Satish Chandra Sharma
The Supreme Court observed that if the appellate court, while appreciating the evidence in an appeal against acquittal, finds that two views are plausible, then the view favouring the innocence of an accused must be taken.
Principles Of Adverse Possession : Supreme Court Explains
Case Title: VASANTHA (DEAD) THR. LR v. RAJALAKSHMI @ RAJAM (DEAD) THR.LRs., 2024 LiveLaw (SC) 117
Coram: Hrishikesh Roy and Sanjay Karol
Recently, while deciding the suit for declaration of title, the Supreme Court reiterated some important factors related to the principle of adverse possession. The Court recalled that the plea of adverse possession is a blend of fact and law.
Supreme Court Strikes Down Electoral Bonds Scheme As Unconstitutional, Asks SBI To Stop Issuing EBs
Case Title: Association for Democratic Reforms & Anr. v. Union of India & Ors., 2024 LiveLaw (SC) 118
Coram: Chief Justice DY Chandrachud, and Justices Sanjiv Khanna, BR Gavai, JB Pardiwala, and Manoj Misra
The Supreme Court delivered its highly-anticipated judgment in the electoral bonds case, holding that anonymous electoral bonds are violative of the right to information under Article 19(1)(a) of the Constitution. Accordingly, the scheme has been struck down as unconstitutional.
Case Title: Central Bureau of Investigation v. State of West Bengal & Ors. | Diary No. 51357 of 2023
In a significant development, the Supreme Court stayed the ongoing proceedings in various trial courts across the state related to incidents of alleged violence following the 2021 state assembly polls.
The order was passed by a single-judge bench of Justice Sanjay Karol in response to a transfer petition filed by the Central Bureau of Investigation (CBI), seeking to relocate the cases outside of West Bengal due to concerns of witness intimidation and threats to the course of justice.
Case Title: RAJESH VIREN SHAH VERSUS REDINGTON (INDIA) LIMITED., 2024 LiveLaw (SC) 119
Coram: Justices B.R. Gavai and Sanjay Karol
The Supreme Court observed that the Director of the company wouldn't be held liable for the dishonor of a cheque issued by the company pursuant to the retirement of the Director unless some credible evidence is brought on record proving the guilt of the director.
Case Title: VASANTHA (DEAD) THR. LR v. RAJALAKSHMI @ RAJAM (DEAD) THR.LRs., 2024 LiveLaw (SC) 117
Coram: Justices Hrishikesh Roy and Sanjay Karol
The Supreme Court reiterated the well-established position of law that under Section 34 of the Specific Relief Act of 1963, a suit for declaration of title without seeking recovery of possession is not maintainable when the plaintiff is not in possession. In this regard, the Court also stressed that a plaint could be amended at any suit stage, even at the second appellate stage.
Case Title: CHATRAPAL VERSUS THE STATE OF UTTAR PRADESH & ANR. | C.A. No. 002461 / 2024., 2024 LiveLaw (SC) 120
Coram: Justices B.R. Gavai and Prashant Kumar Mishra
The Supreme Court observed that an employee could not be terminated from the post merely because he sent a representation to his superior officers flouting the proper channel.
In the instant case, an appellant class-IV employee employed in the Bareilly Judgeship was transferred and posted as a Process Server in the Nazarat of an outlying court of Baheri, District Bareilly. The employee was denied the allowance as a Process Server. Against the denial of allowance, the appellant employee has made representations to superior authorities such as the Registrar General of the High Court and other officials of the State Government, including the then Chief Minister, without routing the same through proper channels.
Case Title: PALANI vs. THE TAMIL NADU STATE, Criminal Appeal No. 887 / 2024., 2024 LiveLaw (SC) 121
Coram: Justices B.R. Gavai and Sanjay Karol
The Supreme Court recently set aside the sentence of imprisonment imposed on a doctor for the offence under Section 18(A) read with Section 28 of the Drugs and Cosmetics Act, 1940, for not disclosing the name of the manufacturer/persons from whom the medicines in his clinic were procured.
Considering that the doctor possessed only small quantities of medicine not meant for distribution/sale purposes, the Court held that the sentence of imprisonment would be unjustified.
Case Title: Rita Dwivedi v. The State of Himachal Pradesh & Ors., 2024 LiveLaw (SC) 124
Coram: Justices Aniruddha Bose and Sanjay Kumar
In a habeas corpus case filed by a woman for the production of her younger sister, the Supreme Court recently held that an elder sister does not have a legal right to exercise guardianship except when there is an order by a competent Court.
Case Title: Re-Inhuman Conditions In 1382 Prisons v. Director General of Prisons and Correctional Services and Ors., W.P.(C) No. 406/2013
Coram: Justices Hima Kohli and A Amanullah
The Supreme Court resumed its hearing in the matter relating to conditions in prisons. Last week, the Court had taken suo motu notice of the alarming number of pregnancies occurring among women inmates in prisons across the country.
Case Title: DIRECTORATE OF ENFORCEMENT & ANR. VERSUS BABLU SONKAR & ANR., 2024 LiveLaw (SC) 123
Coram: Justices Abhay S. Oka and Ujjal Bhuyan
The Court, in this instant order, expanded the scope of the district-level committees, which are to be constituted by the States/ UTs to alleviate the issue of overcrowding of prisons in India. Now, the committee is also required to address the aspect particularly related to female inmates holistically.
Recently, the Supreme Court observed that a Bench, after releasing the case, is not competent to re-hear the case unless the case is assigned back to the Bench by the Chief Justice as the master of the roster.
Coram: Justices Sanjiv Khanna and Dipankar Datta
While setting aside the impugned order passed by the NGT, Delhi, the Supreme Court held that a bank cannot be held responsible for illegal activities carried out by the borrower on mortgaged premises. The Division bench said that this position is not only unacceptable but also not maintainable in law.
Coram: Justices Vikram Nath and Satish Chandra Sharma
Recently, the Supreme Court observed that the right to defend oneself is a fundamental right under the Constitution of India, and no resolution could be passed by the Bar Association to forbid other members of the bar to appear on behalf of the petitioner who appeared in person to defend its case.
Coram: Justices Abhay S. Oka and Ujjal Bhuyan
The Supreme Court imposed a cost of Rs. 10,00,000/- (Ten Lakhs only) on the State of Rajasthan for harassing the poor litigant, who was compelled to file repeated litigation to get the fruits of the award of the Labour Court.
News Updates
ED Withdraws Petition Filed In Supreme Court Seeking Transfer Of Coal Scam Accused From Chhattisgarh
Case Title: DIRECTORATE OF ENFORCEMENT v. STATE OF CHHATTISGARH
Coram: Justices Surya Kant and KV Viswanathan
In a recent development in the Chhattisgarh Coal Levy Scam case, the Directorate of Enforcement has withdrawn its plea to transfer 2 accused out of the State of Chhattisgarh, which was pending before the Supreme Court.
Supreme Court Extends Interim Bail Of Union Minister's Son Ashish Mishra In Lakhimpur Kheri Case
Case Title: Ashish Mishra Alias Monu v. State of U.P. SLP(Crl) No. 7857/2022
Coram: Justices Surya Kant and KV Viswanathan
The Supreme Court extended the interim bail granted earlier to Union Minister Ajay Mishra's son Ashish Mishra in the Lakhimpur Kheri case concerning the killings of four farmers in October 2021.
Case Title: PPK NewsClick Studio Pvt. Ltd. v. Principal Chief Commissioner of Income-Tax (Central) Delhi-1, Deputy Commissioner of Income Tax., SLP(C) No. 28533/2023
Coram: BV Nagarathna and Augustine George Masih
The Supreme Court allowed the company running the news portal “NewsClick” to withdraw its appeal against the Delhi High Court's order rejecting a stay on the income tax demand. The Division bench granted it the liberty to move before the Income Tax Appellate Tribunal. While doing so, the Court also recorded that the Tribunal shall decide the same expeditiously in case of a request for early consideration for interim relief.
Case Title: Sunil Prabhu v. Eknath Shinde SLP(C) No. 1644-1662/2024
The Supreme Court deferred the petition filed by a Shiv Sena (Uddhav Balasaheb Thackeray) member challenging the Maharashtra Assembly Speaker's refusal to disqualify the MLAs belonging to Eknath Shinde group.
Case Details: The National Investigation Agency v. Gautam P Navlakha & Anr., Special Leave Petition (Criminal) No. 167 of 2024
Coram: Justices MM Sundresh and SVN Bhatti
The Supreme Court extended until March the stay on the bail granted to journalist and activist Gautam Navlakha in connection with the Bhima Koregaon case, following a petition filed by the National Investigation Agency (NIA).
Can Divorced Muslim Woman File For Maintenance Under Section 125 CrPC? Supreme Court To Consider
Case Title: Mohd Abdul Samad v. The State of Telangana & Anr., Special Leave to Appeal (Crl) 1614/2024
Coram: Justices BV Nagarathna and Augustine George Masih
In a Muslim man's plea against direction to pay interim maintenance to his divorced wife, the Supreme Court is set to consider the question whether a Muslim woman is entitled to maintain a petition under Section 125 CrPC.
Case Title: State of Andhra Pradesh v. Nara Chandrababu Naidu., Special Leave Petition (Criminal) No. 15099 of 2023
Coram: Justices Bela M Trivedi and Pankaj Mithal
The Supreme Court adjourned until February 26 the hearing of a plea by the State of Andhra Pradesh challenging the regular bail granted to N Chandrababu Naidu, Telugu Desam Party (TDP) supremo and former chief minister of the state, in the skill development scam case.
Case Title: Dr.Kavita Kamboj v. High Court of Punjab and Haryana and others Diary No(s).508/2024
Coram: CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra
The Supreme Court asked if a High Court is required to consult the State Government for laying down the criteria for the selection of District Judges.
This question arose in a batch of petitions challenging the direction issued by the Punjab and Haryana High Court to the Haryana Government to accept the recommendations to appoint 13 District Judges.
Sharad Pawar Moves Supreme Court Challenging ECI Decision Recognizing Ajit Pawar Faction As NCP
Sharad Pawar has approached the Supreme Court challenging the decision of the Election Commission of India to recognize Ajit Pawar faction as the Nationalist Congress Party.
The petition challenges the order passed by the ECI on February 6 by which the official 'clock' symbol of NCP was allotted to the Ajit Pawar group. The Special Leave Petition challenging the Election Commission's order was filed yesterday evening.
Supreme Court Extends Stay On Trial Against Delhi CM Arvind Kejriwal Over 'Khuda Believers' Remark
Case Title: Arvind Kejriwal v. State of UP and Anr., SLP(Crl) No.1898/2023
Coram: Justices MM Sundresh and SVN Bhatti
The Supreme Court granted leave to appeal in the Special Leave Petition filed by Aam Aadmi Party (AAP) leader and Delhi Chief Minister Arvind Kejriwal's seeking discharge in a criminal case arising out of his alleged 'Khuda believers' remark during a 2014 political rally.
Centre Open To Talks With Kerala On Issue Of Borrowing Limits : AG Tells Supreme Court
Case Title: State of Kerala v. Union of India | Original Suit No. 1 of 2024
Coram: Justices Surya Kant and KV Viswanathan
Attorney General for India R Venkataramani on Tuesday (February 13) told the Supreme Court that the Central Government was open to talks with the Kerala government on the issue of the limits placed by the Centre on the State's borrowing limits. In turn, the state government also agreed to send a delegation tomorrow to Delhi to conduct a dialogue with representatives of the central government.
Case Title: Anamika Jaiswal v. Union of India & Ors.
In the latest development in the Adani-Hindenburg row, a review petition has been filed challenging the recent Supreme Court verdict that dismissed pleas for a probe into allegations of stock price manipulations by the Adani group of companies.
Case Title: MALIK MAZHAR SULTAN & ANR. V. U.P. PUBLIC SERVICE COMMISSION THROUGH ITS SECRETARY & ORS.
The Supreme Court expressed shock and surprise that a "political party" has encroached upon a land in Delhi which was allocated for the Delhi High Court.
A visibly surprised CJI DY Chandrachud asked how the political party could occupy the land meant for the judiciary. "How can there be a party office? You can't take the law into your own hands."
Bilkis Bano Case : Gujarat Govt Files Review Petition Against Supreme Court's Adverse Remarks
In the latest development in the Bilkis Bano case, the Gujarat government has filed a review petition in the Supreme Court seeking certain critical remarks made by it regarding the conduct of the state government with respect to the premature release of the 11 convicts to be expunged.
In a dramatic development, the majority of members of the Executive Committee of the Supreme Court Bar Association have disagreed with an earlier letter sent by SCBA President Senior Advocate Adish C Aggarwala to the Chief Justice of India seeking suo motu action against "erring farmers" in the context of the farmers protest.
Case Title: Priyanka Tyagi v. Union of India & Ors., Special Leave to Appeal (C) 3045/2024
Coram: CJI DY Chandrachud, Justices JB Pardiwala and Manoj Misra
The Supreme Court issued notice on the plea of a woman Short Service Appointment (SSA) Officer, engaged with Indian Coast Guard (ICG), over denial of consideration for Permanent Commission despite 14 years of service.
Umar Khalid Withdraws Bail Petition In Supreme Court, To Seek Bail From Trial Court Afresh
Case Title: Umar Khalid v. State of NCT of Delhi., Special Leave Petition (Criminal) No. 6857 of 2023
The Supreme Court dismissed as withdrawn the petition filed former JNU scholar and activist Umar Khalid's bail plea in connection with the Delhi riots larger conspiracy case.
The Supreme Court collegium has recommended the transfer of Justice Anu Sivaraman from Kerala High Court to Karnataka High Court on her request.
The Supreme Court's collegium agreed to the request of Justice Moushumi Bhattacharya of Calcutta High Court regarding her transfer to a different Court. The transfer was sought for personal reasons.
In the latest development, the Supreme Court's collegium has agreed to the request of Justice Sujoy Paul of Madhya Pradesh High Court regarding his transfer to a different Court. The request was made on 12th February on the ground that his son is practicing in the same High Court.
Case Title: Zameer Ahmed Jumlana v. Delhi Development Authority (DDA) & Ors., Diary No. 6711 of 2024
A petition has been filed in the Supreme Court seeking directions to protect the centuries-old religious structures including the 13th Century Ashiq Allah Dargah (1317 AD) and Chillagah of Baba Farid near Mehrauli in Delhi.
Can Advocate Be Held Liable Under Consumer Protection Act? Supreme Court StartsHearing
Case Title: BAR OF INDIAN LAWYERS THROUGH ITS PRESIDENT JASBIR SIGH MALIK vs. D.K.GANDHI PS NATIONAL INSTITUTE OF COMMUNICABLE DISEASES., Diary No.- 27751 - 2007
Coram: Bela Trivedi and Pankaj Mithal
The Supreme Court is set to examine whether services rendered by the lawyer would come within the ambit of the Consumer Protection Act of 1986.
The issue, which is relevant for members of the Bar, emerged from a judgment delivered by the National Consumer Disputes Redressal Commission in 2007. The Commission had ruled that the services rendered by lawyers are covered under Section 2 (o) of the Consumer Protection Act. Needless to say, the said provision defines Service.
Case Title: Vedanta Limited v The State Of Tamil Nadu And Ors SLP(C) No. 10159-10168/2020
Coram: Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra
The Supreme Court, while hearing the challenge to the permanent shut-down of the Sterlite copper plant of Vendata Limited in Tuticorin in Tamil Nadu, suggested the proposal to have an oversight of an expert committee to find a viable middle ground to ensure a balance between the private corporate interests and the public interest at large.
Supreme Court Allows Withdrawal Of Petitions Challenging UAPA Provisions
Case Title: Amreen v. Superintendent of Police., Writ Petition (Criminal) No. 88 of 2022 and connected matters
Coram: Justices Bela M Trivedi and Pankaj Mithal
The Supreme Court allowed pleas challenging provisions of the Unlawful Activities (Prevention) Act, 1967 (UAPA) to be withdrawn. The Bench granted liberty to the petitioners to approach the concerned High Courts.
The Supreme Court Advocates-on-Record Association (SCAORA) has decided to intervene in an ongoing matter where the Supreme Court is deciding whether Advocates would come under the ambit of the Consumer Protection Act, 1986.
Case Title: M/S EXCEL RASAYAN PRIVATE LIMITED v. UNION OF INDIA & ORS., Special Leave to Appeal (C) No(s). 3112/2024
Coram: CJI DY Chandrachud, Justices JB Pardiwala and Manoj Misra
The Supreme Court issued a notice in a plea filed against the Delhi High Court order upholding the constitutional validity of anti-profiteering provisions under the CGST Act and Rules.
Passing the order, the Bench clarified that the issuance of notice shall not be construed as a restraint on the High Court for disposing of the main petition pending before it.
Case Title: DELHI METRO RAIL CORPORATION LTD. vs. DELHI AIRPORT METRO EXPRESS PVT. LTD. CURATIVE PET(C) No. 000108 - 000109 / 2022
The Supreme Court, while hearing a Curative Petition filed by the Delhi Metro Rail Corporation challenging the Court's 2021 decision of upholding an arbitral award of Rs 72000 Crores won by the Delhi Airport Metro Express Private Limited (DAMEPL), analysed the strictly high threshold to reopen a case through Curative Jurisdiction under Article 142.
The CJI noted that when curative petitions are filed concerning commercial issues, the threshold for consideration is aggravated.
A PIL has been filed in the Supreme Court seeking a CBI/SIT investigation into the reports regarding sexual assault of women in Sandeshkhali in West Bengal.
Advocate Alakh Alok Srivastava, the petitioner, alleges complicity and dereliction of duty on the part of the West Bengal police and that the state police is acting "hand in gloves" with the main accused Trinamool Congress leader Shajahan Sheikh.
Coram: CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra
Senior Advocate Mr Abhishek Manu Singhvi representing Sharad Pawar had today requested the Chief Justice of India for an urgent listing of their Petition challenging the decision of the Election Commission of India (ECI) which recognised the Ajit Pawar's Faction as the real Nationalist Congress Party (NCP).
Highlighting the urgency in the matter, the senior advocate informed the bench that there is a likelihood that Sharad Pawar may face a whip issued by Ajit Pawar since the Maharashtra Assembly Session would commence next week.
Supreme Court Tags Petition Challenging Criminalisation Of Triple Talaq With Pending Petitions
Case Title: AMIR RASHADI MADANI vs. UNION OF INDIA W.P.(C) No. 000096 - / 2024
The Supreme Court tagged a fresh petition challenging the criminalisation of Triple Talaq along with the petitions already pending before the Court on the same issue.
The lawyer appearing for the petitioner contended that the provisions for punishment of a Muslim husband conducting triple talaq were "anti-men and violative of their rights."
After SCAORA, the Supreme Court Bar Association (SCBA) has resolved to intervene in an ongoing matter where the Supreme Court is considering whether advocates would come under the ambit of the Consumer Protection Act of 1986.
Case Title: Re-Inhuman Conditions In 1382 Prisons v. Director General of Prisons and Correctional Services and Ors., W.P.(C) No. 406/2013
Coram: Justices Hima Kohli and A Amanullah
An application filed by Senior Advocate Gaurav Agrawal revealed that there were 62 children born in the jails in West Bengal during the last four years. However, the application added that most of these women inmates 'were already expecting at the time when they were brought to the jails.'
