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Supreme Court Weekly Round-Up (22nd April-27th April, 2024)
Gyanvi Khanna
28 April 2024 2:18 PM 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 and also the updates...
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 and also the updates of the Constitution Bench hearing on whether “material resources of the community” in Article 39(b) of the Constitution include privately owned resources, providing a succinct overview.
Orders/ Judgments
Case Title: Yash Raj Films Vs Afreen Zaidi | C.A. No. 4422/2024
Coram: Justices PS Narasimha and Aravind Kumar
The Supreme Court allowed an appeal filed by Yash Raj Films against an order of the National Consumer Dispute Redressal Commission (NCDRC) which imposed a penalty on YRF for not including a song in the 2016 Shah Rukh Khan-starrer 'Fan', which was shown in the promos and the teasers of the movie.
Case: ASHWINI KUMAR UPADHYAY vs UNION OF INDIA | Diary No. 17329-2024
Coram: Chief Justice of India DY Chandrachud and Justice JB Pardiwala
The Supreme Court refused to entertain a petition seeking to allow 3-year LL.B degree course right after the 12th standard.
After the bench expressed disinclination to entertain the matter, the petitioner chose to withdraw the petition.
Case Title: MADHAVI VISWANATHAN v. THE STATE NCT OF DELHI AND ANR., Diary No. 13692-2024
Coram: Justices Bela M Trivedi and Pankaj Mithal
The Supreme Court issued a notice in a special leave petition assailing the bail of four accused convicted in the 2008 murder case of journalist Soumya Vishwanathan.
Supreme Court Allows Termination Of 28-Week Pregnancy Of 14-Year Old Rape Survivor
Coram: CJI DY Chandrachud and Justice JB Pardiwala
The Supreme Court allowed an urgent plea for terminating the pregnancy of a 14-year-old minor rape survivor. While exercising its powers to do complete justice under Article 142 of the Constitution, the Court directed the Dean of Sion Hospital, Maharashtra to undertake the medical termination of the 28 weeks pregnancy.
Case Details : SAYAN MUKHERJEE vs. THE PRINCIPAL SECRETARY TO HIS EXCELLENCY THE GOVERNOR OF WEST BENGAL Diary No.- 12854 - 2024
Coram: CJI DY Chandrachud and Justice JB Pardiwala
The Supreme Court issued notice in a petition challenging the inaction on the part of the West Bengal Governor Dr C.V. Ananda Bose in giving assent to the West Bengal Universities (Amendment) Bill 2022, which was passed by the State legislature in June 2022. The Court has sought a response from the Principal Secretary to the Governor of West Bengal, the Union as well as the Principal Secretary of the Department of Higher Education in this regard.
Case Title: Seema Girija And Anr. v. UoI And Ors. Diary No. 29329/2021
Coram: CJI DY Chandrachud and Justice JB Pardiwala
The Supreme Court expressed disappointment at the inadequate implementation of the Rights of Persons with Disabilities Act 2016 (RPwD) across states. Observing that the enforcement of RPwD is in a 'dismal' state, the Court directed the Ministry of Social Justice and Empowerment to consider the larger picture and provide an update in the next hearing.
Supreme Court Suspends Sentence Of Congress MLA Mohammed Moquim In ORHDC Loan Fraud Case
Case Title: MOHAMMED MOQUIM vs. STATE OF ODISHA., Diary No.- 16787 - 2024
Coram: Justices Surya Kant and Dipankar Datta
The Supreme Court suspended the sentence of Congress MLA Mohammed Moquim in the Orissa Rural Housing Development Corporation (ORHDC) loan fraud matter. The senior Congress leader had approached the Apex Court against the Orissa High Court's order affirming his three-year sentence by the Special Judge (Vigilance), Bhubaneswar, in 2022.
Case Title: JYOTI DEVI VERSUS SUKET HOSPITAL & ORS., 2024 LiveLaw (SC) 320
Coram: Justices Sanjay Karol and Aravind Kumar
Observing that the compensation was wrongly reduced by applying "Eggshell Skull Rule", the Supreme Court enhanced the compensation amount to be paid to a patient from Rs. 2 Lakhs to Rs. 5 Lakhs after recording that she was suffering persistently post-surgery due to deficiency in service by the doctor.
Case Title: PERNOD RICARD INDIA (P) LTD. vs. THE STATE OF MADHYA PRADESH., Diary No.- 30175 - 2017
Coram: Justices Narasimha and Aravind Kumar
In an important judgment, the Supreme Court observed that, subject to statutory stipulation, a repealed provision ceases to operate from the date of repeal, and the substituted provision starts operating as and when it is substituted.
Case Title: THE STATE OF WEST BENGAL VERSUS GANESH ROY
Coram: Justices BR Gavai and Sandeep Mehta
Deprecating the practice of High Courts routinely directing the personal appearance of the government officer, the Supreme Court held that if the High Court found it necessary to direct the presence of the government officer then it should have been first through video conferencing.
Case : Union of India and ors v. Sudipta Lahiri., 2024 LiveLaw (SC) 326
Coram: Justices Vikram Nath and Satish Chandra Sharma
The Supreme Court recently imposed a cost of Rs. 5,00,000/ on the Union of India challenging an order passed by the Meghalaya High Court based on the Union's own concession that a previous decision covered the matter.
Deprecating the Union's move to challenge the High Court's order, the Supreme Court recorded that this was a “sheer abuse of the process of law” and cautioned the Union against filing frivolous petitions.
Case: Union of India and ors v. Sudipta Lahiri., 2024 LiveLaw (SC) 326
Coram: Justices Vikram Nath and Satish Chandra Sharma
The Supreme Court recently imposed a cost of Rs. 5,00,000/ on the Union of India challenging an order passed by the Meghalaya High Court based on the Union's own concession that a previous decision covered the matter.
Case Title: GOVIND KUMAR SHARMA & ANR. VERSUS BANK OF BARODA & ORS., 2024 LiveLaw (SC) 325
Coram: Justices Vikram Nath and Satish Chandra Sharma
The Supreme Court observed that after setting aside of the auction sale of the property the banks cannot automatically claim physical possession over the property held in the possession of the tenant who was the successful bidder in the auction sale.
3000 Tonnes Of Solid Waste Not Processed Daily In Delhi : Supreme Court Expresses Concerns
Case Title: MC Mehta v. Union of India & Ors., WP(C) No. 13029/1985
Coram: Justices Abhay S Oka and Ujjal Bhuyan
The Supreme Court recently observed that 3000 tonnes of Municipal Solid Waste is not being processed in Delhi on a daily basis and flagged concerns inter-alia about non-compliance with the Solid Waste Management Rules, 2016.
'Stridhan' Is Wife's Absolute Property, Husband Holds No Title Over It: Supreme Court Reiterates
Case Title: MAYA GOPINATHAN vs. ANOOP S.B., Diary No.- 22430 - 2022
Coram: Justices Sanjiv Khanna and Dipankar Datta
The Supreme Court reiterated that stridhan is an “absolute property” of a woman, and while the husband has no control over the same, he can use it in times of distress. Nevertheless, he has a “moral obligation” to restore the same or its value to his wife.
Supreme Court Registry Refuses To Receive Petition To Abolish Collegium System & Revive NJAC
Case Title: Shri Mathews J. Nedumpara & Ors. v. Hon'ble The Chief Justice of India & Ors., WRIT PETITION (CIVIL) NO. 1005 OF 2022
In the latest development, the Supreme Court's Registry refused to receive a writ petition seeking the abolition of the collegium system and to render the 2015 NJAC verdict as void ab initio.
In a significant development, the Supreme Court on Friday (April 26) rejected the pleas seeking 100% cross-verification of Electronic Voting Machines (EVMs) data with Voter Verifiable Paper Audit Trail (VVPAT) records.
Case Title: SHRIRAM MANOHAR BANDE VERSUS UKTRANTI MANDAL & ORS.
Coram: Justice PS Narasimha and Aravind Kumar
Taking note of prevalent service jurisprudence, the Supreme Court on held that the employment is deemed to be terminated from the date on which the letter of resignation is accepted by the appropriate authority.
Case Title: GARIMA KHARE vs. THE HIGH COURT OF MADHYA PRADESH., Diary No.- 18316 - 2024
Coram: Justices Hrishikesh Roy and Prashant Kumar Mishra
The Supreme Court declined to interfere with the Madhya Pradesh High Court's order upholding the rule that stipulated eligibility of at least three years of practice or 70 percent marks in law graduation for entry-level judicial service candidates in the State.
Case Details: JUSTICE K.K. DENESAN vs. THE SENIOR ACCOUNTS OFFICER SLP(C) No. 008948 - / 2024
Coram: CJI Chandrachud and Justices JB Pardiwala and Manoj Misra
The Supreme Court issued notice in a matter concerning the issue of deduction of pension from the salary drawn in a post-retirement position of a former High Court Judge. The Court was considering the plea of Justice KK Denesan, a former judge of the Kerala High Court, who served as an Ombudsman under the Kerala Panchayat Raj Act from 2017 to 2020.
Case Title: Justices Vikram Nath and KV Viswanathan
The Supreme Court held that procedural formalities cannot be used to deny regularization of service to an employee whose appointment was termed "temporary" but has performed the same duties as performed by the regular employee over a considerable period in the capacity of the regular employee.
When Does Debt Become Financial Debt & Operational Debt Under IBC? Supreme Court Explains
Case Title: GLOBAL CREDIT CAPITAL LIMITED & ANR. versus SACH MARKETING PVT. LTD. & ANR.
Coram: Justices Abhay S. Oka and Pankaj Mithal
In a significant development, the Supreme Court on held that debt would be treated as an operational debt only if the claim subject matter of the debt has some connection or co-relation with the 'service' rendered by the creditor to the debtor.
Supreme Court Issues Contempt Notice To Delhi Development Authority Vice Chairman For Felling Trees
Coram: Justices B R Gavai and Sandeep Mehta
The Supreme Court issued contempt notice to the vice-chairman of the Delhi Development Authority (DDA) for the felling of over 1,000 trees for the construction of an approach road between Chattarpur Road and SAARC University near Maidan Garhi here.
Case Title: ANIRUDDHA KHANWALKAR VERSUS SHARMILA DAS & OTHERS
Coram: Justices C.T. Ravikumar and Rajesh Bindal
For summoning of an accused, prima facie case made out on the basis of allegations in the complaint and the pre-summoning evidence led by the complainant is sufficient, the Supreme Court held.
Supreme Court Stays Construction Of 4 Dams In Haryana's Kalesar Wildlife Sanctuary
Coram: Justices BR Gavai and Sandeep Mehta
The Supreme Court has stayed the construction of four dams in the Kalesar Wildlife Sanctuary in Haryanain view of the report of the Wildlife Institute of India that their construction will adversely impact the wildlife population and the ecosystem.
Nine Judge Constitution Bench Hearing
Case Details: Property Owners Association v. State of Maharashtra (CA No.1012/2002) & Other Connected Matters
Coram: CJI DY Chandrachud and Justices Hrishikesh Roy, B.V. Nagarathna, Sudhanshu Dhulia, J.B. Pardiwala, Manoj Misra, Rajesh Bindal, Satish Chandra Sharma and Augustine George Masih.
The Supreme Court commenced the hearing of the 9-judge constitution bench which is set to examine whether 'material resources of the community' includes privately owned resources in its ambit under Article 39(b) of the Constitution.
Carrying forward from the previous day's discussion on Justice Krishna Iyer's minority decision in State of Karnataka v. Ranganatha Reddy & Anr., wherein Justice Krishna Iyer held privately owned property to be a part of 'Material resources of the community' under Article 39(b), Chief Justice of India DY Chandrachud analyzed the judgement from the lens of Gandhian ethos. The Court also dissected the conundrum posed by the decision in Minerva Mills which struck down the amended version of Article 31C, leaving the bench to wonder if that would lead to the revival of the unamended version before the coming of the 42nd Amendment Act of 1976.
A Supreme Court 9-Judge Constitution bench, while hearing the issue of interpretation of Article 39(b), pondered whether the legislature needed to pass necessary amendments to delete a provision from the statute book after it has been struck down by the Court as unconstitutional.
The Court noted that even after a provision is struck down, it remains in the statute books with a footnote stating that it has been struck down. This might escape the attention of common people, who might be under the impression that the provision was still active. Hence, the Court pondered whether there was a need for a specific legislative amendment to omit the struck-down provisions from the statute books.
News Update
Case Title: Ashish Mishra Alias Monu v. State of U.P. SLP(Crl) No. 7857/2022
Coram: Surya Kant and JK Maheshwari
The Supreme Court, while hearing Ashish Mishra's bail plea in connection with the Lakhimpur Kheri incident, observed in its order that the public prosecutor and the local police need to take effective steps to ensure the presence of witnesses during Ashish Mishra's trial in connection with the Lakhimpur Kheri incident. The Court passed this direction after noting that certain witnesses were not present for examination, which resulted in prolonging the trial.
Case Title: State of Karnataka v. Union of India and Ors., W.P.(C) No. 210/2024
Coram: Justices BR Gavai and Sandeep Mehta
In the case filed by the Karnataka government against the Union of India for drought relief funds, the Supreme Court was informed by Attorney General R Venkataramani that the Election Commission has given clearance to the Centre to deal with the issue.
Can State Bar Councils Collect More Than Rs 600 As Enrollment Fee? Supreme Court Reserves Judgment
Case Title: Gaurav Kumar v. Union of India W.P.(C) No. 352/2023 and connected cases.
Coram: Chief Justice of India DY Chandracuhd and Justice JB Pardiwala
The Supreme Court reserved judgment on a batch of petitions challenging the enrollment fees charged by different State Bar Councils as exorbitant.
A main point raised by the bench during the hearing was whether the Bar Councils can charge anything more than the amount prescribed as per Section 24(1)(f) of the Advocates Act 1961(Rs 600 for the State Bar Council and Rs 150 for the Bar Council of India).
Case Title: David Hangshing and Anr. v. National Investigation Agency and Ors., T.P.(Crl.) No. 671/2023
Coram: Justices Abhay S Oka and Ujjal Bhuyan
While hearing a petition filed by Kuki Revolutionary Army (KRA) Chief David Hangshing and United Kuki Liberation Front (UKLF) leader Lhunkhoson Haokip seeking transfer of trial of the arms theft case against them from Manipur to Assam, the Supreme Court asked Additional Solicitor General Vikramjit Banerjee appearing for respondent-NIA to take instructions on which court/state would be more convenient.
Case Title: State of Tamil Nadu v. The State of Kerala, Original Suit No.4/2014
Coram: Justices Abhay S Oka and Ujjal Bhuyan
In view of State of Tamil Nadu's objections to the Survey of India report filed in relation to construction of a mega car park project by Kerala in the Mullaperiyar catchment area, the Supreme Court today posted the state's original suit against Kerala for framing of legal issues on July 10.
Case Title: RINA KUMARI @ RINA DEVI @ REENA Versus DINESH KUMAR MAHTO @ DINESH KUMAR MAHATO AND ANR., Diary No. 7336-2024
Coram: Justices Sanjiv Khanna and Dipankar Datta
The Supreme Court is set to examine whether a wife who refuses to live with her husband, citing mental cruelty inflicted by his husband and his family members, can be denied maintenance in view of Section 125 (4) of the CrPC.
Case Details : SHALINI DHARMANI vs. THE STATE OF HIMACHAL PRADESH SLP(C) No. 016864 - / 2021
Coram: CJI DY Chandrachud and Justice JB Pardiwala
The Supreme Court directed the government of Himachal Pradesh to review its policies on Child Care Leaves (CCL) concerning working mothers, especially mothers of children with special needs. Noting the lack of any policy framework in the State to provide CCL to mothers of differently abled children, the Court further directed to constitute a committee headed by the State Commissioner under the Rights of Persons With Disability Act 2016 to examine the possible solutions to the present issue.
'Is Your Apology As Big As Your Advertisements?' : Supreme Court Asks Patanjali Ayurved
Case Title: INDIAN MEDICAL ASSOCIATION v. UNION OF INDIA | W.P.(C) No. 645/2022
Coram: Justices Hima Kohli and Ahsanuddin Amanullah
The Supreme Court asked Patanjali Ayurved if the public apology published by it in newspapers yesterday was as big as its advertisements.
The Court also cautioned the petitioner-Indian Medical Association also with regard to complaints of unethical practices by allopathic doctors.
Case Title: Centre for Public Interest Litigation (CPIL) v. Union of India | Miscellaneous Application in WP(c) 423/2010
The Union of India has moved an application before the Supreme Court seeking clarification of its judgement in the 2G Spectrum case decided 12 years ago which mandated that public resources like spectrum should be assigned through public auction.
The Union has sought a modification of the judgement to allow the assignment of spectrums through processes other than public auctions in certain situations. The Top Court in 2012 set aside the 'first-come-first-served (FCFS) basis for the assignment of 2G spectrum which was done with alleged arbitrariness by the Government Officials.
A petition has been filed in the Supreme Court seeking the constitution of a Special Investigation Team to investigate the alleged instances of quid pro quo arrangements between corporates and political parties through Electoral Bonds donations
Former Jharkhand Chief Minister Hemant Soren has approached the Supreme Court with a fresh petition challenging his arrest by the Enforcement Directorate, saying that the Jharkhand High Court has not yet delivered judgment on his petition despite concluding the arguments way back on February 28.
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 Ahsanuddin Amanullah
While hearing a matter pertaining to overcrowding in Indian prisons, the Supreme Court pulled up States/UTs for not filing their affidavits giving data on jail infrastructure, despite court directions.
The bench gave 2 weeks' time to the Chief Secretaries of the concerned States/UTs, emphasizing that the affidavits shall mention the manner in which recommendations given by the respective Committees are proposed to be implemented and the timelines for such implementation.
In a notable development, the State of West Bengal has filed a Special Leave Petition before the Supreme Court against the Calcutta High Court's order invalidating almost 24,000 teaching and non-teaching jobs that were filled as a result of the 2016 SSC Recruitment process.
Case Title: Association of Democratic Reforms v. Election Commission of India & Anr. | Writ Petition (Civil) No. 434 of 2023 (and connected matters)
Coram: Justices Sanjiv Khanna and Dipankar Datta
In pleas seeking 100% cross-checking of Electronic Voting Machine (EVM) data against voter-verifiable paper audit trail (VVPAT) records, the Election Commission of India (ECI) informed the Supreme Court today that micro-controllers installed in the machines are one-time programmable and cannot be changed.
Case Title: M/s Ireo Grace Realtech Pvt. Ltd. v. Sanjay Gopinath., C.A. No. 2764-2771/2022
The Supreme Court expressed its reservation on the explanation offered by the National Consumer Disputes Redressal Commission's members for issuing non-bailable warrants against a company's directors despite the Top Court's order directing non-coercive steps.
Can Stray Dog Issue Be Resolved By Animal Birth Control Rules 2023? Supreme Court Asks
Case Title: Animal Welfare Board of India V. People For Elimination of Stray Troubles C.A. No. 5988/2019
Coram: Justices J K Maheshwari and Sanjay Karol
While hearing the petitions relating to the stray dog issue, the Supreme Court asked the counsels representing various states to look into the Animal Birth Control Rules, 2023.
The Court also marked that if the 2023 rules can solve the problem, then the authorities can be asked to examine the issues as per the rules. If any further grievance arises, then the parties may approach the concerned High Courts, the Supreme Court suggested.
Chief Justice DY Chandrachud announced the new initiative of integrating the WhatsApp messaging services with the IT services, launched by the Supreme Court.
As per the new initiative, all the Advocates on Record and Parties in Person will receive important updates relating to the filed cases directly to their WhatsApp numbers. The CJI opined this to have the potential of bringing a 'big bang impact'
Case Title: ARVIND KEJRIWAL v. DIRECTORATE OF ENFORCEMENT., SLP(Crl) No. 5154/2024
By assisting the formulation of the Delhi liquor policy which allegedly enabled liquor companies to recoup the bribes paid as profits, Delhi Chief Minister Arvind Kejriwal is "directly and indirectly" involved in the process connected with the "proceeds of crime", said the Directorate of Enforcement (ED) in its affidavit filed in the Supreme Court.
Case Title: ARVIND KEJRIWAL v. DIRECTORATE OF ENFORCEMENT., SLP(Crl) No. 5154/2024
Justices Sanjiv Khanna, Dipankar Datta, and Prasanna Bhalachandra Varale
Senior Advocate Abhishek Manu Singhvi told the Supreme Court that Arvind Kejriwal's petition challenging his arrest by the Enforcement Directorate (ED) is shown to be listed on May 6 though the Court had directed it to be listed in the week commencing from April 29.
Supreme Court Seeks ECI Response On Plea To Cancel Election If NOTA Gets Majority Votes
Case Title : SHIV KHERA Vs THE ELECTION COMMISSION OF INDIA | W.P.(C) No. 252/2024
The Supreme Court issued notice on a petition seeking a direction that an election must be declared as "null and void" if maximum votes from the constituency are polled for "None of The Above" (NOTA) and a fresh election should be held for the constituency.
Supreme Court Seeks ASI Response To Vision Document To Protect Taj Mahal From Pollution
Case Title: MC Mehta v. Union of India., Writ Petition(s)(Civil) No(s). 13381/1984
Coram: Justices Abhay S Oka and Ujjal Bhuyan
The Supreme Court has sought a response from the Archaeological Survey of India regarding the Vision Document prepared for the protection of the Taj Mahal.
Case Title: Ramveer v. The State of Rajasthan, Criminal Appeal No. 1441/2024
Coram: Justices Abhay S Oka and Ujjal Bhuyan
The Supreme Court, while hearing a matter in which a prosecution witness had levied allegations against police officials of assault, prima facie noted that it is not satisfied with the action taken by the Director General of Police (DGP), Rajasthan, in this regard.
Case Title: ANJUMOL V.A. vs. KERALA PUBLIC SERVICE COMMISSION., Diary No.- 18441 - 2021
Coram: Justices J.K Maheshwari and Sanjay Karol
The Supreme Court expressed difficulty in its day-to-day functioning due to issues related to paper books, failure to send convenience compilations and other similar problems.
The issues include orders not being attached to paper books, counter-affidavits attached to SLP paper books without clear indication, failure to send convenience compilations to judges, improper exhibition of interlocutory applications (IA) numbers, and other ancillary issues.
