Supreme Court Weekly Round-Up (8th- 13th January, 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.Judgments/ orders Supreme Court Sets Aside Remission Of 11 Convicts In Bilkis Bano Case; Asks Them To Surrender In Prison Case Title: Bilkis Yakub Rasool v. Union of India & Ors., 2024 LiveLaw (SC) 22 Coram: Justices BV Nagarathna and Ujjal Bhuyan The Supreme Court had set aside the remission of 11 convicts sentenced to life imprisonment for multiple murders and gang rapes, including that of Bilkis Bano, during the 2002 communal riots in Gujarat. The court held that the State of Gujarat was not the "appropriate government" to decide the issue of remission as the trial was held in the State of Maharashtra. Since the Gujarat Government was found to be incompetent, the remission orders were held to be invalid. Accordingly, the court directed the convicts, who were given premature release in August 2022, to surrender in prison within two weeks. Supreme Court Stays HC Direction To ECI To Hold Bye-Election For Pune Lok Sabha Seat Case Title: Election Commission of India v. Sugosh Joshi and another., SLP(C) No. 200/2024 Coram: Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra The Supreme Court on Monday (January 8) stayed the direction issued by the Bombay High Court to the Election Commission of India to hold bye-election for the Pune Lok Sabha seat, which has been vacant since the death of MP Girish Bapat on March 29, 2023. The Bench observed that Section 151A of the Representation of Peoples Act 1951 would come into play in the instant case. According to this provision, the ECI need not hold bye-election to fill up a vacant seat if the remainder of the term in relation to the vacancy is less than one year. Supreme Court Refuses To Interfere With Acquittal Of Union Minister Ajay Mishra 'Teni' In 23-Year-Old Murder Case Case Title: RAJEEV GUPTA vs. AJAY MISHRA ALIAS TANI., Diary No.- 33673 - 2023 Coram: Justices Bela M. Trivedi and Pankaj Mithal The Supreme Court, today (on January 08), refused to interfere with the Allahabad High Court's order upholding the acquittal of Union Minister of State for Home, Ajay Mishra Teni, in the murder case of Prabhat Gupta. Gupta, a rising student leader, was killed in broad daylight in Lakhimpur Khiri district in the year 2000. Narendra Dabholkar Murder : Supreme Court Dismisses Daughter's Challenge To Bombay High Court Ending Monitoring Of Probe Case Title: Mukta Dabholkar and Anr. v. Central Bureau of Investigation and Ors., SLP(Crl) No. 6539/2023 Coram: Justices Vikram Nath and Satish Chandra Sharma The Supreme Court dismissed a plea challenging the discontinuation of the court-monitored probe into the 2013 murder of anti-superstition crusader Narendra Dabholkar. Notably, the murder probe had been transferred by the High Court of Bombay in 2014 from Pune police to CBI, following a petition by activist Ketan Tirodkar and later by Dabholkar's daughter Mukta Dabholkar. Since then, the progress of the case was being monitored by the High Court. Supreme Court Arranges Counselling For Female Advocate Who Complained Of Sexual Harassment; Records Sent For Inquiry Case Title: X v. President of SCBA Dr. Adish Aggarwal and Ors., WP(C) Diary No. 52330-2023 Coram: Justices Sanjiv Khanna and Dipankar Datta The Supreme Court directed that a counselling be arranged for the female advocate, who alleged sexual harassment by a male advocate. The counselling was directed to be arranged at the Supreme Court Mediation Centre. Do Online Gaming Platforms Supply An 'Actionable Claim'? Supreme Court Issues Notice On Plea Challenging 28% GST Case Title: M/S E-GAMING FEDERATION vs. UNION OF INDIA W.P.(C) No. 001374 - / 2023, PLAY GAMES 24 7 PRIVATE LIMITED vs. UNION OF INDIA Coram: Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra The Supreme Court issued notice and sought the centre's response on a batch of petitions filed by online gaming companies, including Dream 11, Games 24x7, and Head Digital Works, challenging the constitutional validity of imposition of 28% GST. Lakshadweep MP's Conviction Can Be Suspended Applying Recent Judgment In BSP MP's Case : Union Tells Supreme Court Case Title: Mohammed Faizal v U. T. Administration Of Lakshadweep And Ors SLP(Crl) No. 12819/2023 Coram: Justices Hrishikesh Roy and Prashant Kumar Mishra. The Supreme Court on Monday (January 08), while ...

Supreme Court Weekly Round-Up (8th- 13th January, 2024)

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