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) 955Bambhaniya Sagar Vasharambhai v. Union Of India 2023 LiveLaw (SC) 956Lombardi Engineering Ltd v. State of Uttarakhand 2023 LiveLaw (SC) 958Union of India & Ors v Dilip Paul 2023 LiveLaw (SC) 959C. RAJENDRAN. v. UNIVERSITY OF CALICUT 2023 LiveLaw (SC) 960Manjunath v. State of Karnataka 2023 LiveLaw (SC) 961ADITI ALIAS MITHI V. JITESH SHARMA 2023 LiveLaw (SC) 963State of Karnataka v. T.Naseer @ Thadiantavida Naseer 2023 LiveLaw (SC) 965Jyotirmay Ray v. Field General Manager, Punjab National Bank 2023 LiveLaw (SC) 966ILAMARAN V. THE STATE REP. BY THE INSPECTOR OF POLICE 2023 LiveLaw (SC) 967Hariprasad @Kishan Sahu v. State of Chattisgarh 2023 LiveLaw (SC) 968BINU TAMTA V. HIGH COURT OF DELHI 2023 LiveLaw (SC) 969Ashwini Kumar Upadhyay v. UOI 2023 LiveLaw (SC) 971THANKAMMA BABY v. THE REGIONAL PROVIDENT FUND COMMISSIONER 2023 LiveLaw (SC) 972Sajeev v. State of Kerala 2023 LiveLaw (SC) 974Judgments/OrdersNo Hard & Fast Rule That Convict Must Undergo Particular Period Of Sentence Before Seeking Its Suspension: Supreme CourtCase Title: Vishnubhai Ganpatbhai Patel and another v. State of Gujarat.Citation: 2023 LiveLaw (SC) 955There 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 recentlyMBBS: Supreme Court Dismisses Plea Of Student With 80% Locomotor Disability For Medical Admission In PwD QuotaCase title: Bambhaniya Sagar Vasharambhai v. Union Of IndiaCitation: 2023 LiveLaw (SC) 956The 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 disabilitiesCourt Can Examine If Arbitration Clause Is Arbitrary & Violates Article 14 While Considering S.11(6) Application: Supreme CourtCase Title: Lombardi Engineering Ltd v. State of UttarakhandCitation: 2023 LiveLaw (SC) 958In 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 CourtCase Title: Union of India & Ors v Dilip Paul | Civil Appeal No 6190 of 2023Citation: 2023 LiveLaw (SC) 959In 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 CourtCase Title: C. RAJENDRAN. v. UNIVERSITY OF CALICUTCitation: 2023 LiveLaw (SC) 960Professors 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 CourtCase title: Manjunath v. State of KarnatakaCitation: 2023 LiveLaw (SC) 961The 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 OfficersCase Title: ADITI ALIAS MITHI V. JITESH SHARMACitation: 2023 LiveLaw (SC) 963The 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...

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

Suraj Parmar

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