Supreme Court Weekly Round Up (17th April to 23rd April 2023)

With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest to keep our readers up to date with the latest legal developments in the Apex court of the country.Judgments/OrdersOrder VII Rule 11 CPC - Inconsistencies In Plaint Averments Not A Sufficient Reason To Reject Plaint : Supreme Court[Case Title: G. Nagaraj v. BP Mruthunjayanna| Citation: 2023 LiveLaw (SC) 311]The Supreme Court Bench comprising Justices AS Oka and Rajesh Bindal observed that a plaint cannot be rejected under Order VII Rule 11 CPC merely because there are some inconsistent averments in the plaint.State & Its Instrumentalities Cannot Adopt An Attitude Of Pick & Choose In Land Acquisition Compensation Matters: Supreme Court[Case Title: Shivappa v. Chief Engineer | Citation: 2023 LiveLaw (SC) 312]The State or its instrumentalities cannot be permitted to adopt an attitude of pick and choose, the Supreme Court Bench comprising Justices BR Gavai and Aravind Kumar remarked while allowing an appeal in a land acquisition matterConsumer Protection Act 1986 | Commercial Enterprises Can Raise Consumer Disputes In Relation To Goods Or Services Unconnected To Profit Generation : Supreme Court[Case Title: National Insurance Co. Ltd. v. Harsolia Motors And Ors.| Citation: 2023 LiveLaw SC 313]In a notable verdict, the Supreme Court Bench comprising Justices Ajay Rastogi and CT Ravikumar held that an enterprise is not excluded from the definition of "consumer" under the Consumer Protection Act 1986 merely because it is a consumer enterprise. A commercial enterprise can raise consumer disputes under the Act in relation to any goods purchased or services availed which are not for commercial purposes. To decide whether it is for "commercial purpose" it has to be seen if the goods or the services had a close and direct nexus with the profit generating activity. Trial Courts, Public Prosecutors Should Be Vigilant While Framing Of Charges Against Accused: Supreme Court[Case Title: Soundarajan v. State | Citation: 2023 LiveLaw (SC) 314] The Supreme Court Bench comprising Justices AS Oka and Rajesh Bindal observed that Trial Courts and the Public Prosecutors should be vigilant in the matter of framing of charges.Appellate Electricity Tribunal Cannot Casually Render Findings of Coercion Without Proper Pleading, Proof Or Probe: Supreme Court[Case Title: Gujarat Urja Vikas Nigam And Ors. v. Renew Wind Energy (Rajkot) Private Limited And Ors.| Citation: 2023 LiveLaw (SC) 315]The Supreme Court Bench comprising Justices Sanjay Kishan Kaul, S Ravindra Bhat, and MM Sundresh pulled up the Appellate Tribunal for Electricity (APTEL) for ‘casually’ rendering findings of coercion, or fraud, without proper pleadings or proof, or without probing into evidence.Asaram Bapu Case : Supreme Court Sets Aside Rajasthan HC Order To Summon IPS Officer Ajay Lamba As Witness[Case Title: State of Rajasthan v. Asharam @ Ashumal| Citation : 2023 LiveLaw (SC) 316]The Supreme Court Bench comprising Justices Sanjiv Khanna and MM Sundresh allowed the Special Leave Appeal filed by the State of Rajasthan challenging the Rajasthan High Court’s order to summon IPS Officer Ajay Pal Lamba for recording his evidence as a court witness in connection with Asaram's appeal challenging his conviction by lower Court in a minor's rape case.UAPA | 'No Reasonable Grounds To Believe Accusations Are Prima Facie True' : Supreme Court Grants Bail To Two Alleged Maoists After 4.5 Years' Custody[Case Title:Yedala Subba Rao And Anr. v. Union of India| Citation: 2023 LiveLaw (SC) 317]The Supreme Court Bench comprising Justices AS Oka and Rajesh Bindal granted bail to two accused persons allegedly belonging to CPI (Maoist) in the 2018 murder case of two leaders of Telugu Desam Party (TDP) on the ground that they were in custody for more than four years and charges have not been framed yet.[Unlawful Assembly] Section 149 IPC Will Be Attracted If Five Or More Persons Specifically Named In FIR Are Facing Trial Separately : Supreme Court[Case Title: Surendra Singh v. State of Rajasthan And Anr.| Citation : 2023 LiveLaw (SC) 318]The Supreme Court Bench comprising Justices MR Shah and CT Ravikumar observed that the Section 149 (Unlawful assembly) of the Indian Penal Code will be attracted even if the specifically named five or more persons are facing trial separately.Penalty Leviable Under S. 45 of the Gujarat Sales Tax Act, 1969 Is Statutory And Mandatory; Commissioner/AO Has No Discretion: Supreme Court[Case Title: State of Gujarat And Anr. v. M/s Saw Pipes Ltd.| Citation: 2023 LiveLaw (SC) 319]The Supreme Court Bench comprising Justices MR Shah and BV Nagarathna ruled that the penalty and interest leviable under Sections 45(6) and 47(4A) of the Gujarat Sales Tax Act, 1969, respectively, are statutory and mandatory in nature and there is no discretion vested in the Commissioner/Assessing Officer to levy or not to levy the penalty and interest other than as prescribed.Supreme ...

Supreme Court Weekly Round Up (17th April to 23rd April 2023)

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Supreme Court Weekly Round Up (17th April to 23rd April 2023)

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