Supreme Court Weekly Round-Up (29th January- 3rd February, 2024)

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 in Aligarh Muslim University's minority status matter, providing a succinct overview. Orders/ Judgments 'You're In A Position Of Dominance' : Supreme Court Refuses Anticipatory Bail To Former Kerala Govt Pleader Accused Of Raping Client Case Title: PG Manu v. State of Kerala and others., SLP(Crl) No. 666/2024 Coram: Justices Hrishikesh Roy and Prashant Kumar Mishra The Supreme Court dismissed the petition filed by a former Government Pleader at the Kerala High Court seeking anticipatory bail in a rape case. The allegation was that the petitioner had sexually assaulted the victim, who had approached him as a client in relation to another sexual assault case in which she was the victim. "You were in a position of dominance...we have to consider that", Justice Roy said. Observing that there was no infirmity in the Kerela High Court's order (denying bail), the bench dismissed the petition. Supreme Court Dismisses Andhra Pradesh Plea Against Chandrababu Naidu's Anticipatory Bail In IRR Alignment 'Scam' Case Title: State of Andhra Pradesh v. Nara Chandrababu Naidu., Special Leave Petition (Criminal) No. 978 of 2024 Coram: Justices Sanjiv Khanna and Dipankar Datta The Supreme Court refused to entertain a petition filed by the State of Andhra Pradesh against the high court granting anticipatory bail to former Chief Minister and Telegu Desam Party (TDP) President N Chandrababu Naidu in the Inner Ring Road (IRR) alignment scam case. Krishna Janmabhoomi Case | No Commission Survey Of Shahi Eidgah Mosque Till April As Supreme Court Extends Stay Case Title: Committee of Management Trust Shahi Masjid Idgah v. Bhagwan Shrikrishna Virajman & Ors., Special Leave Petition (Civil) No. 14275 of 2023 Coram: Justices Sanjiv Khanna and Dipankar Datta The Supreme Court adjourned until April a batch of pleas pertaining to the Krishna Janmabhoomi-Shahi Eidgah Mosque dispute but extended the interim stay granted on a high court order appointing a commission to inspect the premises of the mosque in Uttar Pradesh's Mathura. Existing Criteria For Identification Of Private Forests In Goa Valid, Require No Alteration: Supreme Court CASE TITLE: GOA FOUNDATION V. STATE OF GOA AND OTHERS, CIVIL APPEAL NO. 12234-35 of 2018 Coram: Justices BR Gavai, Aravind Kumar and Prashant Kumar Mishra In appeals filed for modification of the criteria for identification of private 'forests' in State of Goa, the Supreme Court recently ruled that the existing criteria are adequate and valid, and require no alteration. Caste Or Religion Of Parties Should Not Be Mentioned In Any Filings Before Courts : Supreme Court Case Title: SHAMA SHARMA v. KISHAN KUMAR., 2024 LiveLaw (SC) 62 Coram: Justices Hima Kohli and Ahsanuddin Amanullah In a significant development, the Supreme Court has passed a general order directing that the caste or religion of parties shall not be mentioned in the memo of parties of a petition/proceeding filed before the Courts. To ensure the immediate compliance of these directions, the Court also directed a copy of this order to be placed before the concerned Registrar. The same shall be circulated to the Registrar Generals of all the High Courts. Bail Cannot Be Cancelled Merely Due To Non-Appearance Of Accused Before Court: Supreme Court Case Title: KRISHNA SHARMA ALIAS KRISHNA KUMAR SHARMA vs. THE STATE OF WEST BENGAL., 2024 LiveLaw (SC) 65 Coram: B.R. Gavai, Sanjay Karol, and Sandeep Mehta The Supreme Court observed that the non-appearance of the accused party is no ground for cancellation of bail. The High Court had noted that, on several occasions, it directed the accused person to appear personally before the Court. However, the Court, while cancelling the bail, had observed that neither the accused nor his lawyer was present. It recorded that this non-appearance 'exposes an insolent stance of opposite party No.2 to evade the process of law.' Against this backdrop, the matter came up before the Top Court. The Court observed that if bail has been granted, the same can be canceled if any conditions are violated or liberty is misused. IBC | Moratorium Under S 14 No Bar To Execute Decree Against Directors/Officers Of Corporate Debtor: Supreme Court Case Title: Ansal Crown Heights Flat Buyers Association (Regd.) V M/S. Ansal Crown Infrabuild Pvt. Ltd. & Ors., 2024 LiveLaw (SC) 63 Coram: Justice Abhay S. Oka and Justice Ujjal Bhuyan The Supreme Court...

Supreme Court Weekly Round-Up (29th January- 3rd February, 2024)

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