Supreme Court Weekly Roundup (6th Nov-12th Nov)

Nominal Index [Citations: 2023 LiveLaw (SC) 955-974]

Vishnubhai Ganpatbhai Patel and another v. State of Gujarat 2023 LiveLaw (SC) 955

Bambhaniya Sagar Vasharambhai v. Union Of India 2023 LiveLaw (SC) 956

Lombardi Engineering Ltd v. State of Uttarakhand 2023 LiveLaw (SC) 958

Union of India & Ors v Dilip Paul 2023 LiveLaw (SC) 959

C. RAJENDRAN. v. UNIVERSITY OF CALICUT 2023 LiveLaw (SC) 960

Manjunath v. State of Karnataka 2023 LiveLaw (SC) 961

ADITI ALIAS MITHI V. JITESH SHARMA 2023 LiveLaw (SC) 963

State of Karnataka v. T.Naseer @ Thadiantavida Naseer 2023 LiveLaw (SC) 965

Jyotirmay Ray v. Field General Manager, Punjab National Bank 2023 LiveLaw (SC) 966

ILAMARAN V. THE STATE REP. BY THE INSPECTOR OF POLICE 2023 LiveLaw (SC) 967

Hariprasad @Kishan Sahu v. State of Chattisgarh 2023 LiveLaw (SC) 968

BINU TAMTA V. HIGH COURT OF DELHI 2023 LiveLaw (SC) 969

Ashwini Kumar Upadhyay v. UOI 2023 LiveLaw (SC) 971

THANKAMMA BABY v. THE REGIONAL PROVIDENT FUND COMMISSIONER 2023 LiveLaw (SC) 972

Sajeev v. State of Kerala 2023 LiveLaw (SC) 974

Judgments/Orders

No Hard & Fast Rule That Convict Must Undergo Particular Period Of Sentence Before Seeking Its Suspension: Supreme Court

Case Title: Vishnubhai Ganpatbhai Patel and another v. State of Gujarat.

Citation: 2023 LiveLaw (SC) 955

There is no hard and fast rule that a convict should serve a sentence for a particular period before the application to suspend the sentence can be considered, clarified the Supreme Court recently

MBBS: Supreme Court Dismisses Plea Of Student With 80% Locomotor Disability For Medical Admission In PwD Quota

Case title: Bambhaniya Sagar Vasharambhai v. Union Of India

Citation: 2023 LiveLaw (SC) 956

The Supreme Court recently dismissed the plea by a student suffering from 80% locomotor disability seeking reservation under the quota for Persons with Disabilities(PWD) for admission in the MBBS Course(2023-24). At the same time, the court reminded the Central government to comply with its earlier order where it had asked it to find solutions to facilitate the effective participation of persons with disabilities

Court Can Examine If Arbitration Clause Is Arbitrary & Violates Article 14 While Considering S.11(6) Application: Supreme Court

Case Title: Lombardi Engineering Ltd v. State of Uttarakhand

Citation: 2023 LiveLaw (SC) 958

In a significant judgment, the Supreme Court held that a clause in an arbitration agreement which is not in consonance with the Constitution cannot be enforced. The Court further held that it can examine if the arbitration clauses are manifestly arbitrary and violative of Article 14 of the Constitution while considering an application for appointment of arbitrator.

In Sexual Harassment Cases, Courts Shouldn't Get Swayed By 'Hyper Technicalities; Must Consider Broader Context: Supreme Court

Case Title: Union of India & Ors v Dilip Paul | Civil Appeal No 6190 of 2023

Citation: 2023 LiveLaw (SC) 959

In a case pertaining to sexual harassment at workplace, the Supreme Court held that courts should not get swayed by insignificant discrepancies and hyper-technicalities and assess the impact of any procedural violation against the overall fairness of the inquiry. The judgement pronounced by a bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra held that allegations of sexual harassment or offences of such nature should be considered within the broader context of the case and should not be judged merely on the basis of a procedural violation.

Professors Entitled To Salary For Work Done Till End Of Academic Year Despite Attaining Retirement Age Mid Term: Supreme Court

Case Title: C. RAJENDRAN. v. UNIVERSITY OF CALICUT

Citation: 2023 LiveLaw (SC) 960

Professors who continued to teach students till the end of the academic year despite attaining the age of retirement during the middle of the session are entitled to be paid for work they did beyond their retirement age, held the Supreme Court recently.

Examination Of Person Who Recorded Dying Declaration Essential: Supreme Court

Case title: Manjunath v. State of Karnataka

Citation: 2023 LiveLaw (SC) 961

The Supreme Court recently laid down all the questions to be asked, the considerations to be kept in mind while deciding the weightage to be awarded to a dying declaration. The Court recognized the inherent value of a dying declaration but found several glaring issues that cast doubt on the reliability of the declaration used as evidence in this particular case.

Judges Not Following Guidelines On Maintenance: Supreme Court Directs To Circulate 'Rajnesh v. Neha' Judgment To All Judicial Officers

Case Title: ADITI ALIAS MITHI V. JITESH SHARMA

Citation: 2023 LiveLaw (SC) 963

The Supreme Court on Monday (06.11.2023) observed that the detailed guidelines issued by it in Rajnesh v. Neha and Another, (2021) 2 SCC 32 regarding the payment of maintenance in matrimonial matters is not being followed in many cases. Accordingly, the Apex Court has issued a direction for a copy of the judgment containing guidelines for expeditious disposal of cases involving grant of maintenance, to be re-circulated to judicial officers in all High Courts across the country

S.65B Evidence Act Certificate Can Be Produced At Any Stage Of Trial: Supreme Court Allows Prosecution Plea In 2008 Bangalore Blasts Case

Case Title: State of Karnataka v. T.Naseer @ Thadiantavida Naseer

Citation: 2023 LiveLaw (SC) 965

The Supreme Court reiterated that a certificate under Section 65B of the Indian Evidence Act to prove electronic evidence can be produced at any stage of the trial.

A bench comprising Justices Vikram Nath and Rajesh Bindal set aside a judgment of the Karnataka High Court which refused to allow the prosecution to produce Section 65B Certificate in the trial relating to the 2008 Bangalore Blasts Case

PNB Regulations | Bank Can't Withhold PF & Gratuity Without Proving Actual Loss Caused By Employee: Supreme Court

Case title: Jyotirmay Ray v. Field General Manager, Punjab National Bank

Citation: 2023 LiveLaw (SC) 966

The Supreme Court recently ruled in favor of an employee(appellant), directing the Punjab National Bank (PNB) to release the provident fund (PF) and gratuity due to him who was compulsorily retired. The court held that as per the Punjab National Bank (Officers’) Service Regulations, 1979(1979 Regulations), the bank could withhold the PF amount only when any loss is proved to be caused to it by an employee’s act. In this case, the bank not only failed to prove the alleged loss but also denied a fair hearing to him

Supreme Court Asks Madras High Court To Consider Amending Rules To Ensure Cause Title Of Criminal Appeal Reflects State’s Name

Case Title: ILAMARAN V. THE STATE REP. BY THE INSPECTOR OF POLICE

Citation: 2023 LiveLaw (SC) 967

The Supreme Court recently directed the Madras High Court to consider amending the High Court Rules to include the name of the state in the cause title of criminal cases.

4 Circumstances To Be Proved In Cases Of Murder By Poison: Supreme Court Explains

Case title: Hariprasad @Kishan Sahu v. State of Chattisgarh

Citation: 2023 LiveLaw (SC) 968

The Supreme Court recently exonerated an accused in a two-decade-old case involving alleged liquor poisoning which led to the death of a man. The Court invoked the landmark 1984 case of Sharad BirdhiChand Sarda v. State of Maharashtra (1984) 4 SCC 116 to reiterate the circumstances to be proved in cases of murder by poison, namely underlining the importance of establishing a clear motive, cause of death due to poison, possession of poison by the accused, and the opportunity to administer poison.

Aggrieved Woman' Not Covering LGBTQIA Persons: Supreme Court Refuses Plea To Make Its Sexual Harassment Regulations Gender-Neutral

Case Title: BINU TAMTA V. HIGH COURT OF DELHI

Citation: 2023 LiveLaw (SC) 969

In a significant legal development, the Supreme Court refused to entertain a plea seeking amendments in Gender Sensitization and Sexual Harassment of Women at the Supreme Court of India (Prevention, Prohibition and Redressal) Regulations, 2013 for making the same to be gender neutral. The amendments were sought in view to bring the constitutional rights of other persons such as LGBTQIA+ persons under the umbrella of these Regulations.

Section 27 Evidence Act | Recovery Of A Weapon From An Open Place Accessible To All Not Reliable: Supreme Court

Case title: Manjunath v. State of Karnataka

Citation: Criminal Appeal No. 866 OF 2011, 2023 INSC 978

The Court recently held that incriminatory objects, when discovered in places accessible to the public, cannot be solely relied upon to establish the guilt of the accused persons. It is pertinent to note that for admissibility under section 27, of the Evidence Act, the fact discovered must be a direct consequence of information received from a person in custody.

Supreme Court Issues Guidelines To High Courts To Monitor Early Disposal Of Cases Against MPs/MLAs

Case Title: Ashwini Kumar Upadhyay v. UOI W.P.(C) No. 699/2016

Citation: 2023 LiveLaw (SC) 971

The Supreme Court on Thursday (November 9) issued a slew of directions to monitor the early disposal of pending criminal cases against Members of Parliament and Members of Legislative Assemblies

EPF Act Can Be Applied Even To Factories Not Engaged In Schedule 1 Industries: Supreme Court Rejects Plea Of Umbrella Making Unit

Case Title: THANKAMMA BABY v. THE REGIONAL PROVIDENT FUND COMMISSIONER

Citation: 2023 LiveLaw (SC) 972

The Supreme Court recently held that a notification under clause (b) of sub-Section (3) of Section 1 of the Employees’ Provident Fund and Miscellaneous Provisions Act, 1952, can be issued by the Central Government in respect of factories engaged in any industry that has not been not specified in Schedule I. The Top Court was considering whether a factory, which is not specified in Schedule 1 of the Act, can be covered under the EPF Act.

E-Copies Of Trial Court Records Will Help Faster Disposal Of Criminal Appeals: Supreme Court Suggests Amendments To SC Rules

Case title: Sajeev v. State of Kerala

Citation: 2023 LiveLaw (SC) 974

The Supreme Court recently raised concerns about the material witness depositions not being placed on record. The Court lamented that such omissions frequently lead to repeated adjournments contributing to the backlog and delay in the resolution of appeals.

Supreme Court Explains Essentials To Prove Conspiracy While Affirming Life Sentence To Convicts In Kerala Hooch Tragedy

Case title: Sajeev v. State of Kerala

Citation: 2023 LiveLaw (SC) 974

The Supreme Court recently upheld the conviction and life sentence of appellants involved in a deadly conspiracy of liquor poisoning. The Court relied on the landmark case of State v. Nalini to lay down the essential constituents for proving a case of criminal conspiracy. It reaffirmed that “Where in pursuance of the agreement, the conspirators commit offenses individually, all of them will be liable for such offenses even if some of them have not actively participated in the commission of those offenses.”

Supreme Court Upholds Constitutionality Of IBC Provisions Relating To Personal Guarantors; Says Adjudicatory Role Can't Be Read Into Sec 97

Case Title: Surendra B. Jiwrajika and Anr. v. Omkara Assets Reconstruction Private Limited Citation: SLP(C) No. 016464/2021

In a significant judgment, the Supreme Court on Thursday (November 9) upheld the constitutionality of the provisions of the Insolvency and Bankruptcy Code (IBC) relating to Personal Guarantors' Insolvency Resolution, which were introduced through the amendments made in 2019.

The Court held that these provisions (Section 95 to 100 IBC) cannot be held as unconstitutional for not affording an opportunity of hearing to the personal guarantors before the insolvency petition filed by creditors is admitted against them and the moratorium is automatically applied against them as soon as the insolvency petition is filed.

Supreme Court Allows Man To Donate Liver To 3-Year-Old Cousin Who Is Overseas Citizen Of India; Says Order Won't Be Treated As Precedent

Case Title: Rajveer Singh v. Union of India

CItation: Diary No.- 45541 - 2023

The Supreme Court recently allowed liver donation by a person to his cousin, a 3-year-old child who is suffering from chronic liver disease, while also making it clear that the instant order will not act as a precedent for any other case.

The Court's intervention came after the authorization committee under the Transplantation of Human Organs and Tissues Act, 1994 denied approval for the liver donation citing the bar provided in Section 9.

News Updates

Arbitration A Boon For Businesses And Individuals Seeking Swift, Cost-Effective Dispute Resolution: Justice Sanjay Karol

Speaking during the valedictory ceremony at Ram Manohar Lohiya National Law University, Lucknow, Justice Karol’s address centered on ADR mechanisms – how they are indispensable in solving pendency of cases, allow parties greater control over the dispute resolution process and employ lesser time.

Krishna Janmabhoomi-Shahi Eidgah Dispute | Supreme Court Declines Mosque Committee's Request To Stay Proceedings Before Allahabad High Court

Case Details: Committee of Management Trust Shahi Masjid Idgah v. Bhagwan Shrikrishna Virajman & Ors

Citation: Special Leave Petition (Civil) No. 14275 of 2023

In the latest development in the Krishna Janmabhoomi-Shahi Eidgah Mosque dispute, the Supreme Court on Friday (November 10) refused to suspend the ongoing proceedings before the Allahabad High Court which is hearing multiple suits seeking various reliefs, including declaration, injunction, and the right to worship at the mosque site as well as the removal of the structure.

Supreme Court Issues Notice To Election Commission In PIL To Remove Duplicate Entries In Electoral Rolls

Case Title: Samvidhan Bachao Trust v Election Commission of India

Citation: W.P.(C) No. 1228/2023 PIL-W

The Supreme Court, on Friday (11.11.2023) issued notice to the Election Commission of India (ECI) in a Public Interest Litigation (PIL) regarding the issue of duplicate entries in electoral rolls.

Supreme Court Dismisses PIL Seeking Guidelines To Regulate Cryptocurrencies, Says It Is A Bail Application In Form Of PIL

Case Title: Manu Prashant Wig v. Union of India and Ors

On Friday (10.11.2023), the Supreme Court declined to consider a public interest litigation (PIL) seeking guidelines for trading and mining of cryptocurrency. The petition was brought before a bench comprising Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Mishra. The court noted that even though the petitioner had filed the plea under Article 32 of the Constitution in the format of a PIL, but it appeared that the primary aim was to secure bail for the petitioner in a related case.

Supreme Court Expunges Remarks Against Judge In Gauhati HC Judgment

Case Title: X v. NATIONAL INVESTIGATION AGENCY

The Supreme Court on Friday (10th November) ordered the expunction of certain disparaging remarks made by the Gauhati High Court against a Special NIA Court Judge, who is at present a sitting judge of the High Court.

"..we are of the opinion that the adverse observations against the petitioner as contained in paragraphs 130, 190,191, 192, 193,194 and 233 and in any other relevant portion of the order are treated as expunged and shall not be held against the petitioner in any manner" the bench of Justice AS Bopanna and Justice PS Narasimha stated in its order.

Supreme Court Refuses To Entertain CBI's Challenge To HC Stay Of Probe Against DK Shivakumar, Asks HC To Decide In 2 Weeks

Case Details: Central Bureau of Investigation v. DK Shivakumar |

Citation: Special Leave Petition (Criminal) No. 9097 of 2023

The Supreme Court Friday (10th November) refused to entertain the plea by the Central Bureau of Investigation (CBI) challenging Karnataka High Court's decision to stay an investigation against Deputy Chief Minister DK Shivakumar in a disproportionate assets case.

However, the Court requested the High Court to consider the application filed by the CBI for vacating the stay granted and the appeal pending before it as expeditiously as possible and preferably within two weeks.

After Supreme Court Rap, Kerala Govt Makes Contributory Pension Review Report Public

Case Title: JAYACHANDRAN KALLINGAL V. STATE OF KERALA

Citation: Petition(s) for Special Leave to Appeal (C) No(s). 8248/2023

The Kerala Government informed the Supreme Court on Friday (November 10) that it has supplied to the petitioner the copy of the report submitted in 2021 by a committee constituted to examine the contributory pension scheme.

It may be recalled that last week (November 3), the Court had pulled up the State for placing the report before the Cabinet with seemingly an intention to shield it from public disclosure.

Delhi Liquor Scam Case Accused Moves Supreme Court Challenging ED Arrest, Relies On 'Pankaj Bansal' Judgment

Case Title: Abhishek Boinpally v. Directorate of Enforcement

Citation: Diary No.- 44355 - 2023

The Supreme Court, (on November 10), issued notice in the SLP filed by Hyderabad-based businessman Abhishek Boinpally who is facing charges of money laundering in connection with the Delhi excise policy scam. The present SLP is against the Delhi High Court’s Judgment wherein it dismissed a writ petition filed by Boinpally, challenging legality of his arrest by the Enforcement Directorate (ED)

No Final View Expressed On Delhi's 'Odd-Even' Scheme, Was Only Flagging Amicus's Concerns, Clarifies Supreme Court

Case Details: MC Mehta v. Union of India & Ors

Citation: Writ Petition (Civil) No. 13029 of 1985

The Supreme Court on Friday (November 10) clarified that it did not intend to dictate whether the odd-even rationing policy ought to be implemented in Delhi, and had only flagged the amicus curiae's concerns over its efficacy during the last hearing.

Stubble Burning | Encourage Crops That Don't Leave Behind Stubble: Supreme Court Flags Long-Term Solutions

Case Details: MC Mehta v. Union of India & Ors.

Citation: Writ Petition (Civil) No. 13029 of 1985

The Supreme Court on Friday (November 10) expressed renewed concerns over the raging farm fires in the states adjacent to Delhi, particularly Punjab, urging the governments to come up with emergency measures to douse the fires now and longer-term measures for crop replacement in a phased manner and to encourage crops that do not leave behind stubble that will require burning, including alternative varieties of paddy.

Governor Can't Doubt Validity Of Assembly Session: Supreme Court Asks Punjab Governor To Decide On Pending Bills

Case Title: The State Of Punjab v Principal Secretary To The Governor Of Punjab

Citation: W.P.(C) No. 1224/2023

In a significant judgment delineating the limits of the gubernatorial powers, the Supreme Court on Friday (November 10) held that it is not open for a Governor to withhold assent to bills by doubting the validity of the legislative session in which they were passed.

Supreme Court Castigates UP Govt For 'Shocking' Approach In Muzaffarnagar School Slapping Case; Summons Education Secretary

Case Details: Tushar Gandhi v. State of Uttar Pradesh

Citation: Writ Petition (Criminal) No. 406 of 2023

In a scathing order, the Supreme Court on Friday (10th Nov) castigated the State of Uttar Pradesh and its Education Department for non-compliance with the orders passed concerning the counseling and admission for the student victim in the infamous Muzaffarnagar school slapping case.

The Court expressed strong dissatisfaction with the lack of proper counselling provided to the child and other students. To rectify this failure, the Court appointed the Tata Institute of Social Sciences (TISS) to help with the counselling. The Court also directed the Principal Secretary of the Education Department to appear virtually for the next hearing scheduled on December 11, 2023.

Supreme Court Grants Financial Times Journalists Interim Protection From Gujarat Police Arrest Over Article Against Adani Group

Case Title: BENJAMIN NICHOLAS BROOKE PARKIN Versus STATE OF GUJARAT

Citation: W.P.(Crl.) No. 574/2023

The Supreme Court on Friday (10th November) granted interim protection from coercive action to two journalists from Financial Times, Benjamin Nicholas Brooke Parkin and Chloe Nina Cornish, who have been summoned by the Gujarat Police in relation to an article published in August against the Adani group.

'Matter Of Serious Concern': Supreme Court On Tamil Nadu Governor Not Clearing Bills & Files

Case Title: The State Of Tamil Nadu v The Governor Of Tamilnadu And Anr

Citation: W.P.(C) No. 1239/2023

The Supreme Court on Friday (November 10) expressed concerns at the Tamil Nadu Governor RN Ravi sitting over several bills passed by the legislature and files submitted by the State Government

Supreme Court Dismisses Plea Seeking Directions To Protect Hinduism In India

Case Title: Daudhraj Singh V. Union of India

Citation: Diary No.- 39115 - 2023

The Supreme Court, today on November 10, dismissed a Public Interest Litigation seeking directions for making guidelines for "the protection of Hinduism in India."

Expressing surprise at the petition Justice Kaul said, "What is this petition? You say (in Hindi) “Direction to proper authorities of Government of India to make guidelines for the protection of Hinduism in India.”

CJI DY Chandrachud Inaugurates 'Mitti Cafe', Run Entirely By Differently Abled Staff, In Supreme Court

In a significant step towards promoting inclusivity and accessibility, Chief Justice of India Dr DY Chandrachud, inaugurated the 'Mitti Cafe' in the Supreme Court premises today. The Mitti Cafe, a unique initiative, is entirely run by specially-abled staff. The inauguration ceremony of Mitti Cafe featured a rendition of the National Anthem in sign language.

No Seizure Of Journalistic Or Academic Materials From Digital Devices Without Judicial Warrant: Academics Submit Draft Guidelines To Supreme Court

Case Title: Ram Ramaswamy And Ors. v. Union of India And Ors.

Citation: WP(Crl) No. 138/2021

Five academicians who have petitioned the Supreme Court seeking guidelines for the seizure of personal electronic devices by investigating agencies have prepared a set of draft guidelines and have submitted them to the Court (Ram Ramaswamy and Ors. v. Union of India and Ors.).

To Curb Gun Problem, Make Bail Provisions More Stringent Like PMLA; Reverse Burden Of Proof: Amicus Tells Supreme Court

Case Details: Rajendra Singh v. State of Uttar Pradesh | Miscellaneous Application No. 393 of 2023 in Special Leave Petition (Criminal) No. 12831 of 2022

Senior Advocate S Nagamuthu, the amicus curiae in an ongoing suo motu case in the Supreme Court aimed at curbing the proliferation of unlicensed firearms, has suggested making bail provisions under the Arms Act, Explosives Act, and Explosive Substances Act more stringent, akin to those in the Prevention of Money Laundering Act and the Narcotic Drugs and Psychotropic Substances Act.

CBI An Independent Agency, West Bengal's Suit Not Maintainable Against Union Govt’: SG Tushar Mehta To Supreme Court

Case Details: State of West Bengal v. Union of India

Citation: Original Suit No. 4 of 2021

The Union of India on Thursday (November 9) questioned the maintainability of an original suit filed by the State of West Bengal against the Central Bureau of Investigation (CBI) allegedly continuing to register and investigate cases in the State even after the State government withdrew the general consent for the central agency.

Debatable If PIL Is Not At All Maintainable In Service Matters: Supreme Court Leaves Issue of Law Open

Case Title: Pratap Singh Bist v. The Director, Directorate of Education, Govt. Of NCT Of Delhi

Citation: Diary No(S).41779/2023

The Supreme Court, recently (on November 03), while hearing an appeal arising out of the judgment passed by the Delhi High Court, expressed doubt on its dictum that PIL is “not at all” maintainable in Service Matters while terming the same as “debatable issue”. Accordingly, the Court has kept the issue open and the same is to be decided in the appropriate case.

Three New Judges Take Oath, Supreme Court Back To Its Full Strength Of 34 Judges

Justices Satish Chandra Sharma, Augustine George Masih, and Sandeep Mehta took oath as judges of the Supreme Court on Thursday. Chief Justice of India DY Chandrachud administered the oath to them at a ceremony held in the Additional Complex of the Supreme Court today at 4.15 PM.

Can Past Service As Judicial Officer In One State Be Counted For Benefits In Judicial Service In Another State? Supreme Court To Consider

Case Status: Neetu Nagar v. Govt. Of NCT Of Delhi

Citation: Diary No(S). 20576/2023

Can the past service in the judicial services of another State be taken into account for the purpose of benefits in the judicial service of one state? The Supreme Court is set is examine this issue in a case.

Supreme Court Stays Execution Of Warrant Against Congress Leader Randeep Surjewala For 5 Weeks In 23-Year-Old Case

The Supreme Court on Thursday (09.11.2023) directed that the non bailable warrant issued against National Spokesperson of Congress Randeep Surjewala shall not be executed for the next five weeks. The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra granted liberty to Surjewala to move to the trial court with an application to quash the warrant against him in four weeks.

Chandrababu Naidu's Plea: Judgment On Quash Petition In Skill Development Case Will Be Delivered After Diwali Vacations, Says Supreme Court

Case Details: Nara Chandrababu Naidu v. State of Andhra Pradesh & Anr

Citation: Special Leave Petition (Criminal) No. 13356 of 2023

The Supreme Court on Thursday (09.11.2023) adjourned the plea by former Andhra Pradesh Chief Minister Nara Chandrababu Naidu for anticipatory bail in the FiberNet scam in the state stating the Court is likely to deliver the judgment in Naidu's quash petition in the skill development case after Diwali vacations. The Supreme Court is having Diwali holidays from November 13 to 18

Centre Clears Appointment Of 3 HC Chief Justices As Supreme Court Judges; Collegium Resolution Accepted In 2 Days

The central government on Wednesday (November 8) cleared the appointment of the chief justices of the high courts of Delhi, Rajasthan, and Gauhati respectively as judges of the Supreme Court. Justices Satish Chandra Sharma, Augustine George Masih, and Sandeep Mehta were recommended for elevation by the Supreme Court collegium earlier this week.

Heralding E-Revolution Of Judiciary: CJI DY Chandrachud's Administrative Reforms In One Year

As Chief Justice of India DY Chandrachud completes one year as the head of the Indian judiciary, it is worthwhile to have a look at some of the notable administrative and infrastructural reforms ushered in by him during this term.

The period since he took the office as the 50th Chief Justice of India on November 9, 2022 has witnessed several path breaking initiatives that include adoption of cutting edge technology making court premises more accessible and inclusive

Supreme Court Declines Tamil Nadu's Plea To Allow It To Appoint Archakas To Agamic Temples, Refuses To Vacate Status Quo

Case Title: Srirangam Koil Miras Kainkaryaparagal Matrum Athanai Sarntha Koilgalin Miraskainkaryaparargalin Nalasangam V. The State Of Tamil Nadu & Ors Citation: SLP(C ) No. 19553/2023

The State of Tamil Nadu urged the Supreme Court on Wednesday to vacate the status quo ordered by it relating to the appointment of Archakas (poojari/priest) in Agamic Temples in the State. However, the State's plea was declined by the Apex Court.

Kerala Govt Approaches Supreme Court Challenging HC Judgment Refusing To Fix Timeline For Governor's Assent To Bills

Case Title: The State of Kerala & Anr. V. P.V. Jeevesh (Advocate) & Ors.

A plea has been filed in the Supreme Court by the Kerala Government against the judgment of the High Court that had dismissed a Public Interest Litigation (PIL) filed by a lawyer challenging the action of the Governor of Kerala, Arif Mohammed Khan withholding bills passed by the State legislature indefinitely, and without adopting the course envisaged under Article 200 of the Constitution. In the plea before the High Court, the State of Kerala was a Respondent.

Supreme Court Issues Notice To Himachal Pradesh High Court Bar Association For Suspending Work To Mourn Lawyer's Death

Case Details: M/s PLR Projects Private Limited v. Mahanadi Coalfields Limited & Ors.

Citation: Diary No. 33859 of 2022

The Supreme Court on Tuesday (November 7) issued notice to the Himachal Pradesh High Court Bar Association after the high court’s registrar general wrote a letter alleging that the members of the bar association had abstained from work on account of an advocate’s death.

Stubble Burning | Punjab Preservation Of Subsoil Water Act Creating Problems, Need Relook : Supreme Court Tells Punjab Govt

In relation to the issue of stubble burning and its consequent effects on the air quality in Delhi, the Supreme Court on Tuesday asked the Punjab Government to have a relook into the Punjab Preservation of Subsoil Water Act, 2009.

Ludicrous That Smog Towers Aren't Working: Supreme Court Summons Chairperson Of Delhi Pollution Control Committee

The Supreme Court on Tuesday (November 7) summoned the Chairperson of Delhi Pollution Control Committee (DPCC) on next date of its hearing in air pollution matter (November 10)

Plea Alleges Interference By Calcutta HC Judge & Spouse In Criminal Investigation; Supreme Court Seeks West Bengal Police's Report

Case Details: Bani Roy Choudhury & Anr. v. State of West Bengal & Ors

Citation: Writ Petition (Criminal) No. 482 of 2023

The Supreme Court on Monday (November 6) sought a report from the West Bengal government with respect to an ongoing criminal investigation, which has allegedly suffered interference by Calcutta High Court judge Amrita Sinha and her husband.

Supreme Court Commences Hearing Of Pleas Challenging IBC Provisions On Personal Guarantor's Insolvency Resolution

Case Title: Surendra B. Jiwrajika and Anr. vs. Omkara Assets Reconstruction Private Limited

Citation: SLP(C) No. 016464/2021

The Supreme Court today (07.11.2023) commenced its hearings in a batch of petitions challenging the constitutionality of various provisions of the Insolvency and Bankruptcy Code (IBC) relating to Personal Guarantors Insolvency Resolution Process.

The central contention raised by the petitioners challenging Sections 95(1), 96(1), 97(5), 99(1), 99(2), 99(4), 99(5), 99(6), and 100 of the Code was the alleged absence of due process in the application of these provisions.

Lawyers' Elevation As Judges Shouldn't Be Opposed Merely Because They Have Some Political Connections: Supreme Court Tells Centre

Case Title: Advocates Association Bengaluru v. Barun Mitra & Anr.

Citation: Contempt Petition (Civil) No. 867 of 2021 in Transfer Petition (Civil) No. 2419 of 2019

The Supreme Court on Tuesday (November 7), while hearing a plea seeking contempt action against the central government for 'sitting over' collegium recommendations in violation of the timeline prescribed by the court, orally said that the elevation of lawyers ought not to be resisted only on grounds of their political affiliation. Unless the candidate has a "deep-rooted political aspect that affects their judicial work", their political affiliation should not be a basis for rejecting their candidacy

Supreme Court Passes Slew Of Directions To High Courts Of Madhya Pradesh, Punjab And Haryana For Recruitment In District Judiciary

Case Title: MALIK MAZHAR SULTAN & ANR. V. U.P. PUBLIC SERVICE COMMISSION THROUGH ITS SECRETARY

Citation: Civil Appeal No(s).1867/2006

The Supreme Court (on Monday) passed a slew of directions with respect to the High Courts of Madhya Pradesh, Punjab and Haryana, for laying down the time schedule regarding the recruitment of District Judges in these High Court. However, the matter pertaining to the High Court of Tamil Nadu is listed tomorrow along with other applications.

NEET-PG : Supreme Court Issues Notice On Plea By Pvt Medical Colleges For Stray Round For Seats Unfilled In Counselling 2023-24

Case Title: Ashish Ranjan V. The Tamil Nadu Self Financing Medical Colleges Association

The Supreme Court on Monday (06.11.2023), issued notice in an application moved by the Tamil Nadu Self Financing Medical Colleges Association (TNSFMCA) seeking Stray Counselling Round for filling up vacancies of Post Graduate Medical Seats in Tamil Nadu.

Supreme Court Questions Effectiveness Of Delhi's 'Odd-Even' Scheme In Controlling Pollution

The Supreme Court on Tuesday (November 7) questioned the effectiveness of the Delhi Government's "odd-even" scheme in controlling air pollution, while terming it as “optics”. Under this scheme, vehicles with license plate numbers ending in an even digit are allowed to operate on even dates, while those ending in odd digits can ply on odd dates.

Centre Must Stop 'Pick & Choose' Approach To Collegium Proposals: Supreme Court Deprecates 'Selective' Appointments Of Judges

Case Title: Advocates Association Bengaluru v. Barun Mitra & Anr

Citation: Contempt Petition (Civil) No. 867 of 2021 in Transfer Petition (Civil) No. 2419 of 2019

The Supreme Court on Tuesday (November 7) again expressed disapproval of the 'pick and choose' approach adopted by the central government in selectively accepting names from the collegium resolutions for judges' appointments.

Seizure Of Journalists' Digital Devices A Serious Matter, Better Guidelines Needed To Protect Media Professionals: Supreme Court To Centre

Case Details: Foundation for Media Professionals v. Union of India & Ors.

Citation: Writ Petition (Criminal) No. 395 of 2022

The Supreme Court on Tuesday (November 7) expressed concerns over the arbitrary seizure of media professionals' digital devices and stressed the need for better guidelines to protect their interests.

A bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia was hearing a public interest litigation (PIL) filed by the Foundation for Media Professionals through Advocate-on-Record Rahul Narayan urging the court to establish safeguards against unreasonable interference by law enforcement agencies and create comprehensive guidelines for search and seizure of digital devices

Directions Regulating Firecrackers Apply To All States In Country, Not Just Delhi: Supreme Court

Case Title: Arjun Gopal v. Union Of India

CItation: W.P.(C) No. 728/2015

The Supreme Court on Tuesday (07.11.2023) clarified that its earlier directions against the use of barium and banned chemicals in firecrackers are applicable across the country, binding all states and not just the Delhi-National Capital Region.

The Court made this clarification while hearing an application seeking directions to the State of Rajasthan to comply with the Apex Court's orders regarding ban on barium crackers and minimising air and noise pollution during festive season

Delhi Air Pollution: Stop Stubble Burning Forthwith, Supreme Court Directs Punjab, Haryana, UP & Rajasthan

In the wake of the worsening air quality in Delhi-National Capital Region, the Supreme Court on Tuesday (November 7) sternly directed the Governments of Punjab, Rajasthan and Haryana to take immediate steps to stop stubble burning by farmers in the State, which the Court said was one of the major contributors to air pollution.

Adani-Hindenburg Case | Petitioners Raise Concerns About Delay In Listing, CJI Agrees To Look Into The Issue

Case Title: Vishal Tiwari v. Union of India & Ors.

Citation: Writ Petition (Civil) No. 162 of 2023

The batch of petitions concerning the Adani-Hindenburg matter is yet to be listed in the Supreme Court, though the matter was scheduled to be heard on August 29, 2023. Advocate Prashant Bhushan, appearing for one of the petitioners, expressing concerns about repeated deferrals in listing the case in the Supreme Court, mentioned the matter before Chief Justice of India DY Chandrachud yesterday (November 6, 2023

Assam NRC | Supreme Court Defers Hearings On Challenge To Section 6A Citizenship Act To December 5, 2023

The Supreme Court has deferred the hearing in the batch of petitions challenging the constitutional validity of Section 6A of the Citizenship Act, 1955, to December 5, 2023. Originally, these petitions were scheduled to be heard on November 7, 2023 (tomorrow) before a bench comprising CJI DY Chandrachud along with Justices AS Bopanna, MM Sundresh, JB Pardiwala, and Manoj Misra.

Supreme Court Allows Retired Judge Who Acquitted TN Minister Ponmudi To Give Response To Madras HC's Adverse Comments Against Her

Case Title: N VASANTHALEELA v. MADRAS HIGH COURT THROUGH ITS REGISTRAR GENERAL

Citation: Diary No.- 43344 - 2023

A retired Sessions Judge from Tamil Nadu approached the Supreme Court aggrieved by the adverse comments made by a single judge of the Madras High Court against her in relation to the judgment passed by her acquitting State Minister K Ponmudi and his wife in a disproportionate assets case.

The petitioner, who retired as the Principal District and Sessions Judge at Vellore, took objection to the observations made by High Court judge Justice Anand Venkatesh in his suo motu revision order which re-opened the acquittal citing irregularities in the transfer and conduct of the trial.

ED Arrest Of Satyendar Jain After 5 Years Of Case Registration & Bail In Predicate Offence Unnecessary: Singhvi To Supreme Court

Case Title: Satyendar Kumar Jain v. Directorate of Enforcement

Citation: Special Leave Petition (Criminal) No. 6561 of 2023

Senior Advocate Abhishek Manu Singhvi on Monday (November 6) questioned the necessity of Aam Aadmi Party leader Satyendar Jain's arrest by the Enforcement Directorate last year. The senior counsel told the Supreme Court, which was hearing the politician's bail plea in a money laundering case, "Unless [the ED] can show demonstrable, obvious, and palpable reasons for making an arrest, it should not do it. This is not about the power, but about the necessity of an arrest

SC Collegium Recommends Elevation Of 3 HC Chief Justices To Supreme Court

The Supreme Court Collegium has recommended the elevation of three High Court Chief Justices to the Supreme Court:Chief Justice of Delhi HC Satish Chandra Sharma(parent HC : MP HC); Chief Justice of Rajasthan HC Augustine George Masih(parent HC : P&H HC);Chief Justice of Gauhati HC Sandeep Mehta(parent HC : Rajasthan HC);

If these proposals are cleared, the Supreme Court will have the full strength of 34 judges

Permission For Sunburn Music Festival In Goa Subject To Organizers Paying Amount Demanded By Comunidade: Supreme Court

Case Title: SPACEBOUND WEB LABS PRIVATE LIMITED vs. FENTON DE SOUZA

Citation: Diary No.- 44003 - 2023

The Supreme Court recently clarified that the authorities can consider the application filed seeking permission to conduct the famous Sunburn Music Festival in Goa in December 2023, despite the pendency of the dispute relating to the payment of Comunidade charges by the organisers.

If permission is granted for the music festival, the Court further ordered, the organizers should pay the amount as demanded by the Comunidade by depositing the same with the Administrator of the Comunidade

Muzaffarnagar Student Slapping | 'Why Appoint A Committee For This?' Supreme Court Directs UP Govt To Facilitate Victim's Admission To Private School

Case Details: Tushar Gandhi v. State of Uttar Pradesh

Citation: Writ Petition (Criminal) No. 406 of 2023

In the latest development in the Muzaffarnagar student slapping case, the Supreme Court on Monday (November 6) questioned the necessity of a committee proposed to be constituted by the Uttar Pradesh government to facilitate the victim's admission to a private school. Coming down harshly on the education department, Justice Abhay S Oka asked, "Why do you have to appoint a committee for this as well? Please don't take such a stand that you want to appoint a committee. What will the committee do?"

Supreme Court Issues Notice In PIL Seeking Bar Councils To Collect Data On Candidates With Disabilities To Shape Policies For Disabled Lawyers

Case Title: Fateh Mohit Whig v. Union Of India And Ors.

Citation- W.P.(C) No. 1218/2023 PIL-W

On November 6, 2023, the Supreme Court issued notice in a Public Interest Litigation (PIL) that urges the Bar Council of India (BCI) and State Bar Councils across the nation to collect comprehensive data on candidates who are Persons with Disabilities (PWD) regarding their specific disabilities.

Why Governors Act On Bills Only After State Govts Approach Courts? This Has To Stop : Supreme Court

Case Title: The State Of Punjab v Principal Secretary To The Governor Of Punjab

CItation: W.P.(C) No. 1224/2023

The Supreme Court on Monday(November 6) expressed anguish at the fact that State Governments are forced to approach the Courts seeking decisions by the Governors on the bills passed by the legislature.

The Court orally said that the trend of Governors acting on the bills only after the State Government approached the Court must stop

'Thank God We Have Judges Like Anand Venkatesh' : Supreme Court Hails Madras HC Order Reopening Acquittal Of TN Minister Ponmudi

Cases: K.Ponmudi v. State SLP(Crl) No. 14197/2023, P.Visalatchi v. State

Citation: SLP(Crl) No. 14282/2023

The Supreme Court on Monday (November 6) refused to interfere with the Madras High Court's suo motu order re-opening the acquittal of Tamil Nadu Minister Ponmudi and his wife in a disproportionate assets case. Hailing Justice Anand Venkatesh of Madras High Court for passing the suo motu order, the Court refused to entertain the petitions filed by Ponmudi and his wife Visalatchi, clarifying that they will be at liberty to raise their contentions before the High Court

'Approach High Court' : Supreme Court Dismisses Popular Front of India's Plea Against Central Govt's Ban Under UAPA

Case Details: Popular Front of India v. Union of India

Citation: Diary No. 26236 of 2023

The Supreme Court on Monday (November 6) dismissed a plea by the Popular Front of India (PFI) challenging a home ministry notification designating it and its affiliated organisations as 'unlawful associations' under the Unlawful Activities (Prevention) Act, 1967 since the now proscribed outfit did not approach a high court first. The court, however, granted PFI liberty to seek appropriate remedy by invoking the constitutional writ jurisdiction of the jurisdictional high court

NewsClick Case | Supreme Court Adjourns Plea Of Chief Editor & HR Head Against Delhi Police Arrest Until After Diwali Break

Case Details: Prabir Purkayastha v. State

Citation: Diary No, 42896 of 2023

The Supreme Court on Monday (November 6) adjourned until after the Diwali break the hearing of the pleas by NewsClick founder and editor-in-chief Prabir Purkayastha and human resources head Amit Chakraborty challenging their recent arrest.

Will The Mandate Of The Tribunal Terminate Under Section 29A Unless Extended During Its Subsistence? Supreme Court To Examine

Case Title: Rohan Builders (India) Pvt Ltd v. Berger Paints India Limited

Citation: SLP(C) No. 23320 of 2023

The Supreme Court is set to examine an important issue related to the arbitration law that whether the mandate of the tribunal terminates upon the expiry of the time provided under Section 29A unless extended during its subsistence.

Supreme Court Issues Notice On Tejashwi Yadav's Plea To Transfer Defamation Case Over 'Gujarati Cheats' Remark From Ahmedabad To 'Neutral Venue'; Stays Trial

Case title: Tejashwi Prasad Yadav v. Hareshbhai Pranshankar Mehta

Citation: TP(Crl) No. 846/2023

The Supreme Court on Monday (November 6) issued notice on the petition filed by Tejashwi Yadav(Deputy Chief Minister of Bihar and RJD leader) seeking to transfer the criminal defamation complaint filed against him in Ahmedabad for his alleged "Gujarati hi thag hai ho sakta hai(only Gujaratis can be cheats)" remark to Delhi or any other "neutral venue".

Tamil Nadu Agrees Before Supreme Court To Allow RSS Route Marches Across State On 19th Or 26th Nov Subject To Approval Of Route By Police

Case Title: THE STATE OF TAMIL NADU vs. S.RAJA DESINGU

Citation: SLP(C) No. 24234-24265/2023

The State of Tamil Nadu on Monday (06.11.2023) agreed before the Supreme Court that it will allow the Rashtriya Swayamsevak Sangh (RSS) to hold marches in various districts across the state either on November 19th or 26th. The Court accordingly asked RSS to submit the proposed routes to the State authorities within three days and the State to take a decision on the routes by November 15th.

Menstrual Hygiene | Draft National Policy On Supply & Disposal Of Sanitary Napkins In Schools Ready: Union Govt Informs Supreme Court

Case Title: Dr. Jaya Thakur v GoI And Ors.

Citation: WP(C) No. 1000/2022

On Monday (06.11.2023), the Union Government informed the Supreme Court that a draft National Policy on menstrual hygiene for supply and safe disposal of sanitary napkins in schools has been formulated. The Union requested four weeks to gather public opinions on the policy from the bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra.

Supreme Court Issues Notice In PIL Seeking Bar Councils To Collect Data On Candidates With Disabilities To Shape Policies For Disabled Lawyers

Case Title: Fateh Mohit Whig v. Union Of India And Ors.

CItation: W.P.(C) No. 1218/2023 PIL-W

On November 6, 2023, the Supreme Court issued notice in a Public Interest Litigation (PIL) that urges the Bar Council of India (BCI) and State Bar Councils across the nation to collect comprehensive data on candidates who are Persons with Disabilities (PWD) regarding their specific disabilities

Supreme Court Forms Committee For Selection Of Delhi Electricity Regulatory Commission Pro Tem Members

On Monday (November 6, 2023), the Supreme Court issued an order directing the formation of a committee for appointing two pro tem members to the Delhi Electricity Regulatory Commission (DERC). The order was passed by a bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra.

Is S.437 CrPC Unconstitutional For Requiring Acquitted Persons To Execute Bail Bonds For Release? Supreme Court To Consider

Case Title: Ajay Verma v. Union Of India And Ors

Citation: W.P.(Crl.) No. 536/2023 PIL-W

The Supreme Court today (06.11.2023) issued notice to the Union of India in a plea challenging the constitutionality of Section 437A of the Code of Criminal Procedure (CrPC). The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, whiling issuing notice, sought the assistance of the Attorney General for India (AG) R Venkatramani in the matter.