3 Oct 2023 5:32 AM GMT
Judgment/OrdersMedical Negligence & Res Ipsa Loquitur | Where Negligence Is Evident, Burden Of Proof Shifts To Hospital: Supreme CourtCase Number: C.A. No. 7175/2021In a significant judgment delivered on September 26, the Supreme Court affirmed the applicability of the principle of res ipsa loquitur in the context of medical negligence cases, emphasizing its applicability in cases...
Medical Negligence & Res Ipsa Loquitur | Where Negligence Is Evident, Burden Of Proof Shifts To Hospital: Supreme Court
Case Number: C.A. No. 7175/2021
In a significant judgment delivered on September 26, the Supreme Court affirmed the applicability of the principle of res ipsa loquitur in the context of medical negligence cases, emphasizing its applicability in cases where negligence is evident and shifts the burden of proof onto the hospital or medical practitioners. Res ipsa loquitur means "the thing speaks for itself”.
The Court affirmed this principle while awarding Rs 1.5 crore compensation to an ex-Indian Air Force official who contracted HIV during a blood transfusion at a military hospital.
S. 27 Evidence Act | Discovery Can't Be Proved Against Person If He Wasn't Accused Of Any Offence & Wasn't In Custody Of Police At The Time Of Confession: Supreme Court
Case title: Rajesh v State of MP
Citation: 2023 LiveLaw (SC) 814
The Supreme Court has held that for a confession made to the police to be admissible under Section 27 of the Evidence Act, two essential conditions must be met: the individual must be 'accused of any offense,' and they must be in 'police custody' at the time the confession is made.
The Court firmly held that "being in 'the custody of a police officer and being 'accused of an offense' are indispensable pre-requisites to render a confession made to the police admissible to a limited extent, by bringing into play the exception postulated under Section 27 of the Evidence Act."
Contractor Claiming Loss Of Profits Due To Delayed Execution Must Prove That Other Works Were Lost Due To Delay: Supreme Court
Case Title: Batliboi Environmental Engineers Limited V Hindustan Petroleum Corporation Limited And Another
Citation: 2023 LiveLaw (SC) 817
The Supreme Court Bench comprising Justice Sanjiv Khanna and Justice M.M. Sundresh, has held that in arbitral proceedings where the execution of a contract is delayed and the Contractor claims loss arising from depletion of income, then the Contractor must prove that there was alternative work available for him/her by placing on record invitation to tender, which were rejected by the Contractor due to incapacity to undertake other work. The drop in turnover also must be proved through books of accounts.
Material Disclosed To Income Tax Settlement Commission Needn't Be Something Which Wasn't Discovered By Assessing Officer: Supreme Court
Case Title: KOTAK MAHINDRA BANK LIMITED v. COMMISSIONER OF INCOME TAX BANGALORE
Citation: 2023 LiveLaw (SC) 822
The Supreme Court has ruled that Section 245H of the Income Tax Act, 1961, which empowers the Settlement Commission to grant immunity from prosecution and penalty to the assessee if he has co-operated with the Settlement Commission and has made “full and true disclosure of his income”, cannot be saddled with an artificial requirement that the material “disclosed” by the assessee before the Commission must be something apart from what was “discovered” by the Assessing Officer
NEET | Can't Allow Students To Participate In 2022 Counselling For MBBS Admissions Based On 2019 Results: Supreme Court
Case Title: The Registrar-In-Charge & Ors. V. Medhasree Goswami & Ors, Civil Appeal No.6084 Of 2023
Citation: 2023 LiveLaw (SC) 825
A Division Bench of the Supreme Court set aside an interim order dated July 14, 2022, passed by the High Court of Calcutta, whereby it permitted/allowed medical students to participate in counselling sessions for the admission process to commence in August 2022 for the admission to the MBBS course in West Bengal University of Health Sciences based upon the results of the NEET 2019.
Prioritise Cases Of HIV Positive Persons: Supreme Court Directs All Courts; Issues Directions To Centre & States To Enforce HIV Act
Citation: 2023 LiveLaw (SC) 826
In a pathbreaking judgment delivered on September 26, the Supreme Court issued a series of vital directions to the Central and State Governments to ensure the effective implementation of the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 (HIV Act).
The Court further directed all Courts, Tribunals, and quasi-judicial bodies in the country to prioritize the cases relating to HIV-infected persons for early disposal as per the mandate of Section 34(2) of the HIV Act. The Court also directed that steps should be taken to keep the identity of HIV-infected persons anonymous.
'Army & Air Force Liable': Supreme Court Awards Rs 1.5 Crore Compensation To Air Veteran Who Contracted HIV During Blood Transfusion
In a significant judgment that reaffirms the principles of upholding the dignity, rights, and well-being of armed forces personnel, the Supreme Court has ruled in favor of a retired Air Veteran, holding the Indian Air Force (IAF) and the Indian Army jointly and vicariously liable for medical negligence. The appellant, who contracted HIV during a blood transfusion at a military hospital while falling sick on duty during Operation Parakram, has been awarded compensation amounting to 1 crore 54 lakhs 73,000
S.106 Transfer Of Property Act | Onus On Tenant To Prove That Premises Was Leased For Manufacturing Purpose: Supreme Court
Case Title: M/S Paul Rubber Industries Private Limited v Amit Chand Mitra & Anr.
Citation: 2023 LiveLaw (SC) 827
The Supreme Court Bench comprising Justice Aniruddha Bose and Justice Vikram Nath, has held that in order to attract the application of Section 106 of the Transfer of Property Act, 1882, which requires 6 months’ notice for termination of lease, the burden is on the Tenant to prove that manufacturing activity was being carried on in the leased Premises. A mere statement that manufacturing activity was being done would not suffice, the Tenant must explain the nature of work being done in factory shed.
When Can An Unregistered Lease Deed, Which Is Compulsorily Registrable, Be Admitted To Show Nature & Character Of Possession? Supreme Court Explains
The Supreme Court Bench comprising Justice Aniruddha Bose and Justice Vikram Nath, while interpreting Section 49 of the Registration Act, 1908, has held that an unregistered lease deed (which is otherwise compulsorily registrable) can be admitted in evidence to show the ‘nature and character of possession’, only when the ‘nature and character of possession’ is not the main term of the lease and is not the primary dispute before the Court for adjudication
Revision Petition Under S115 CPC Cannot Be Entertained Against Order Of Trial Court Rejecting Review Of Decree: Supreme Court
Case Title: Rahimal Bathu v. Ashiyal Beevi
Citation: 2023 LiveLaw (SC) 829
The Supreme Court on Tuesday (26.09.2023) held that a revision petition under Section 115 of the Code of Civil Procedure,1908 against rejection of a review application of an appealable decree by a subordinate court on merits cannot be entertained.
“..where an appealable decree has been passed in a suit, no revision should be entertained under Section 115 of the CPC against an order rejecting on merits a review of that decree. The proper remedy for the party whose application for review of an appealable decree has been rejected on merits is to file an appeal against that decree and if, in the meantime, the appeal is rendered barred by time, the time spent in diligently pursuing the review application can be condoned by the Court to which an appeal is filed” a division bench of Justice P S Narasimha and Justice Manoj Misra observed.
As Condition To Relax Zoning Restriction, Govt Can Ask Land Owners To Transfer A Portion Free Of Cost For Public Utility: Supreme Court
Case Title: SHIRDI NAGAR PANCHAYAT v. KISHOR SHARAD BORAWAKE AND OTHERS
Citation: 2023 LiveLaw (SC) 830
The Supreme Court has that a condition imposed by the Government that the land owner should handover a part of land free of cost for public utility purpose in return of the permission granted for converting the nature of the use of the land cannot be held illegal.
Supreme Court Extends Disability Pension Claim Of Army Veteran For 10 Years As Allowed Under Pension Regulations For Army
Case title: Ex L/NK Rajput Ajit Singh v. Union of India
Citation: 2023 LiveLaw (SC) 831
The Supreme Court recently ruled in favor of the disability pension claim of a veteran who had served in the Indian Army for 15 years and was discharged in 1987 after he experienced cardiac discomfort. The Court noted that as per the medical Board's opinion there was no negligence on the part of the individual, and his records were exemplary. The only factor that went against him was his unwillingness to undergo surgery.
High Court Best Suited To Understand Needs To Judicial Service': Supreme Court Rejects Haryana Govt's Plea To Conduct Civil Judge Recruitment By PSC
Case Title: Malik Mazhar Sultan And Anr. v. U.P. Public Service Commission Through Its Secretary And Ors.
Citation: 2023 LiveLaw (SC) 832
High Court is best suited to understand the needs of judicial services, said the Supreme Court while rejecting an application filed by the State of Haryana seeking to hold the selection process for Junior Civil Judges by the State Public Service Commission instead of a Selection Committee which has representatives of the High Court.
"Judges of the High Court who participate in the selection process have domain knowledge both of the subject and of the nature of the service", the Court said.
Dowry Death Case | Supreme Court Surprised At HC Using Same Dying Declaration To Convict Husband While Disbelieving It For Father-in-Law
Case title: Phulel Singh v. State of Haryana
Citation: 2023 LiveLaw (SC) 83
The Supreme Court, while acquitting a convict in a dowry death case, emphasized the critical importance of ensuring that a dying declaration is trustworthy and reliable, and inspires confidence when it is considered the sole basis for a criminal conviction.
The Court pointed out that the circumstances under which the dying declaration was recorded raised concerns about whether it was a voluntary statement or if it had been influenced or tutored. The Court also emphasized a glaring inconsistency in the treatment of the dying declaration by the High Court. While the declaration was accepted as evidence against the appellant(husband), it was disbelieved in the case of Jora Singh, the father-in-law of the deceased.
Courts Should Exercise Restraint While Exercising Judicial Review In Contracts Involving Complex Technical Issues: Supreme Court
Case Title: BTL EPC Lt V. Macawber Beekay Pvt Ltd, Civil Appeal No 5968 of 2023
Citation: 2023 LiveLaw (SC) 834
The Supreme Court recently reiterated that courts should exercise restraint while exercising the power of judicial review in contracts involving complex technical issues.
"..in contracts involving complex technical issues, the Court should exercise restraint in exercising the power of judicial review. Even if a party to the contract is ‘State’ within the meaning of Article 12 of the Constitution, and as such, is amenable to the writ jurisdiction of the High Court or the Supreme Court, the Court should not readily interfere in commercial or contractual matters,” a bench of Chief Justice DY Chandrachud, Justice J B Pardiwala and Justice Manoj Misra observed.
Members Of Railway Protection Force Can Seek Benefit Under Employees Compensation Act Though RPF Declared As An Armed Force: Supreme Court
Case Title: Commanding Officer, Railway Protection Special Force, Mumbai V. Bhavnaben Dinshbhai Bhabhor
Citation: 2023 LiveLaw (SC) 835
The Supreme Court on Monday (26.09.2023), held that an officer of the Railway Protection Force (RPF) can seek compensation under the Employees Compensation Act, 1923 even though the RPF has been declared to be an armed force of the Union.
“..in our considered view, despite declaring RPF as an armed force of the Union, the legislative intent was not there to exclude its members or their heirs from the benefits of compensation payable under the 1923 Act or the 1989 Act,” a bench of Justice B.V. Nagarathna and Justice Manoj Misra held.
Cannot Ignore Ratio Laid In An Earlier Judgment Merely Because It Stands Referred To A Larger Bench: Supreme Court
Case Title: Rajnish Kumar Rai v. Union of India & Ors | SLP(C) No. 20054 of 2023
Citation: 2023 LiveLaw (SC) 836
In a recent judgment, the Supreme Court held that it cannot ignore the ratio laid down in an earlier judgment merely because the same stands referred to a larger Bench. A bench comprising of Justice Anirudhha Bose and Justice Bela Trivedi held that judicial propriety did not permit it ignoring the ratio laid down in the earlier judgment as no decision regarding the same had come out from the larger Bench
'Trial Took 40 Years!' : Supreme Court Grants Bail To 75 Year-Old Rape-Murder Convict, Asks HC To Hear His Appeal On Priority
Case Details: Banamali Choudhury v. State of West Bengal | Special Leave Petition (Criminal) No. 10043 of 2023
The Supreme Court on Monday (September 25) granted bail to a septuagenarian convicted of raping and murdering his niece in view of the extraordinary delay of 40 years in the completion of the trial. The court also directed the high court to give ‘out-of-turn’ priority to his appeal
Can Increase Child Marriages': Why Law Commission Has Advised Against Reducing Age Of Sexual Consent To 16 Years
The Law Commission of India in its 283rd report on the ‘Age of Consent under the Protection of Children from Sexual Offences Act, 2012’ had ruled out reducing the age of consent to 16 years under the POCSO Act.
“After a careful review of existing child protection laws, and various judgments and considering the maladies of child abuse, child trafficking, and child prostitution that plague our society, the Commission is of the measured view that it is not advisable to tinker with the existing age of consent under the POCSO Act,” the report says.
'Chandrika' Soap Trademark Case: Supreme Court Restrains Mariyas Soaps & Chemicals From Using Trademark 'Chandra
Case Title: M/S. Wipro Enterprises Limited V. M/S. Mariyas Soaps and Chemicals
Citation: Petition(s) for Special Leave to Appeal (C) No(s). 20797/2023
The Supreme Court recently restrained M/s Mariyas Soaps and Chemicals from using their registered trademark ‘Chandra’ in an appeal filed by Wipro for being similar to its trademarked soap range ‘Chandrika’.
‘Till the next date of hearing, the respondents are restrained from using the trademark/trade name “Chandra,” a bench of Justice Sanjiv Khanna and Justice S V N Bhatti directed.
Uddhav Thackeray v. Eknath Shinde: Uddhav Faction Moves Supreme Court Against Maharashtra Speaker To Quicken Disqualification Proceedings
In another development in the Shiv Sena crisis, the Uddhav Thackeray faction has approached the Supreme Court challenging the Maharashtra Legislative Assembly Speaker's decision to issue a schedule for hearing of the disqualification pleas pending against rebel Sena MLAs led by Eknath Shinde.
As per the Uddhav Thackeray faction, the schedule, as per which the process of hearing would begin on October 6 and go on till November 23, is just another attempt to waste time. If the schedule is followed, the speaker's ruling is likely to come out in December or even later than that. The Thackeray faction has asked for a faster hearing.
State Of UP Files Status Report In Supreme Court On Police Encounter Killings, Vows To Ensure Fair Trial In Atiq Ahmed Murder Case
Case title- Vishal Tiwari v. Union of India| Aisha Noori v. Union of India
Citation: W.P. Crl. 177/2023| W.P. Crl. 280/2023
In a significant development, the State of Uttar Pradesh has submitted a detailed status report in response to a Supreme Court directive issued on August 11, 2023, in the case of Vishal Tiwari v. Union of India.
The State of UP in its recent status report asserted that each of the seven incidents highlighted by the petitioner has been thoroughly investigated in accordance with the directions and guidelines set forth by the Supreme Court in various decisions. They claim that no fault has been found on the part of the police where investigations are complete
Law Commission Recommends Amendments To POCSO Act & JJ Act To Avoid Imprisonment For Adolescents Involved In Sexual Activity
The Law Commission of India in its 283rd report on the ‘Age of Consent under the Protection of Children from Sexual Offences Act, 2012’ has said that blanket criminalisation of sexual activity among teenagers as per the POCSO Act is a cause of concern.
The Law Commission however ruled out reducing the age of consent to 16 years or giving limited exceptions in cases involving a child above the age of 16 years. Instead, the Commission suggested granting judicial discretion to Courts to impose less than minimum sentence where the age of the child is 16 years or above and the age difference between the persons is not more than 3 years.
Law Commission Recommends Allowing E-FIR Registration In Certain Cases
The Law Commission of India has recommended allowing the registration of electronic first information reports (e-FIR) for all cognizable offenses where the accused is not known, and the registration of such reports for all cognizable offenses with a maximum punishment of three years where the identity of the accused is known.
Accordingly, the commission has recommended suitable amendments not only to the Code of Criminal Procedure, 1973 but also to the Indian Evidence Act, 1872, the Information Technology Act, 2000, the Indian Penal Code, 1860, and other legislation to support e-FIR registration.
Entry Of First-Generation Lawyers And Women In Legal Profession Are Steps Towards Inclusivity: Justice Hima Kohli
In a recent event, Supreme Court Judge Justice Hima Kohli lauded the entry of first-generation lawyers from diverse backgrounds and the increasing representation of women in the legal profession for their transformative impact. Speaking at the Forbes India-Legal Power List 2022 Finale, she emphasized that these changes have reshaped the very fabric of the legal profession.
Justice Kohli highlighted the significance of these contributions, stating, “Their contributions are far from mere tokenism; they bring to the table a wealth of diverse perspectives that challenge established norms and infuse cliched discussions with fresh ideas rooted in social justice, fairness and equity,” she added.
Don't Rest Content With Ability To File Cases, Master New Skills: CJI DY Chandrachud To New Advocates-on-Record
Recently, CJI D.Y. Chandrachud, speaking at the felicitation program of newly registered Advocates-on-Record (AORs) which was conducted on this Tuesday, said that AORs are crucial in every case that comes to the Supreme Court and sometimes more crucial than even the senior counsel. Essentially, the AOR takes the responsibility of putting the name on pleading and have ultimately answerability to the Court.
Supreme Court Refuses To Entertain Plea Challenging Exorbitant Airplane Prices For Gulf Region, Asks Petitioner To Move HC
Case Title: Kerala Pravasi Association And Anr. v. Union Of India
Citation: W.P.(C) No. 989/2023 PIL-W
The Supreme Court on Wednesday refused to entertain a petition challenging the exorbitant air travel fares to and from the Gulf, noting that the petition could be taken up before the High Court instead of being dealt with by the Supreme Court.
Fake Court Order Produced With Petition: Supreme Court Directs Criminal Investigation, Says Role Of Advocate Be Examined
Case Title: Manish Madanmohan Agarwal v. Satyanarayan Dhulichandji Agrawal
In a major development, the Supreme Court recently came across a petition in which a fabricated document was produced as an order passed by the Supreme Court itself.
On realizing that the order is fabricated, the Court ordered criminal investigation.
“It is obvious from the report(of the registrar) that the document purporting to be a copy of the order of this Court which is marked by Annexure-III in the report is a fabricated document. Therefore, the Registrar(Judicial Listing) must set the criminal law in motion by lodging a complaint with the jurisdictional police station," the bench comprising Justices Abhay S Oka and Pankaj Mithal ordered.
West Bengal Universities' Row: Supreme Court To Constitute Search Committees For VC Appointments; Invites Suggestions On Composition
Case Details: State of West Bengal v. Dr. Sanat Kumar Ghosh & Ors.
Citation: Special Leave Petition (Civil) No. 17403 of 2023
Amid increasing friction between the Mamata Banerjee-led West Bengal government and Governor CV Anand Bose over the issue of the appointment of vice-chancellors in state-run universities, the Supreme Court on Wednesday (September 27) called upon intervenors to propose names of renowned scientists, technocrats, administrators, educationists, and other eminent individuals for inclusion in a selection panel to make these appointments.
Supreme Court Deprecates Lawyers' Strike At Rajasthan HC Jaipur Bench; Issues Notice To Bar Association
The Rajasthan High Court Bar Association at Jaipur Bench has once again drew the ire of the Supreme Court for indulging in boycott.
"It is unfortunate that High Court Bar Association at Rajasthan resolved to abstain from the court work and, therefore, the High Court could not get assistance", the Court observed with dismay.
Sanatana Dharma Row | Supreme Court Tags Plea Seeking FIR against Udhayanidhi Stalin with Similar Petition
The Supreme Court on Wednesday tagged a petition seeking the registration of a first information report (FIR) against Tamil Nadu Minister and DMK leader Udhayanidhi Stalin over his controversial remarks about 'Sanatana Dharma', with another plea in which the court issued notice last week.
Bhima Koregaon Case : Supreme Court Extends Stay Granted By Bombay HC On Mahesh Raut's Bail Till Oct 5, Admits NIA's Appeal
Case Details: National Investigation Agency v. Mahesh Sitaram Raut
Citation: Special Leave Petition (Criminal) No. 12448 of 2023
The Supreme Court on Wednesday (September 27) admitted the appeal by the National Investigation Agency (NIA) challenging the bail granted to tribal rights activist Mahesh Raut in the Bhima Koregaon case over alleged Maoist links. The court also extended the week-long stay granted by the Bombay High Court on the bail order, till the next date of hearing on October 5.
State of Chhattisgarh Withdraws Plea Filed in Supreme Court Challenging Section 50 of PMLA and ED's Powers
Case Details: State of Chhattisgarh v. Enforcement Directorate, Ranchi & Ors
Citation: Diary No. 8227 of 2023
The State of Chhattisgarh on Wednesday withdrew a writ petition filed in the Supreme Court under Article 32 of the Constitution challenging Section 50 of the Prevention of Money Laundering Act, 2002, and the powers of the Enforcement Directorate (ED) conferred by the anti-money laundering statute.
Justice SVN Bhatti Recuses From Hearing Chandrababu Naidu's Plea In Supreme Court To Quash FIR
Supreme Court judge Justice SVN Bhatti on Wednesday (September 27) recused himself from hearing a petition filed by former Andhra Pradesh Chief Minister Nara Chandrababu Naidu seeking to quash the criminal proceedings against him in connection with a multi-crore skill development scam in the state.
Supreme Court Refuses To Restrain Trial Judge From Hearing CID Plea For Police Custody Of Chandrababu Naidu
After the recusal of Supreme Court Judge Justice SVN Bhatti from hearing the petition of former Andhra Pradesh Chief Minister Chandrababu Naidu seeking quashing of his FIR in the skill development scam case, Naidu's lawyers mentioned the matter before the Chief Justice of India for urgent listing.
CJI DY Chandrachud agreed to list the matter on October 3 (the next working day for the Supreme Court). The CJI further orally told Naidu's lawyer that the Court will not restrain the trial judge from hearing the application filed by the Andhra Pradesh Crime Investigation Department (CID) for police custody of Naidu in the meantime
'V4 Kochi' President Nipun Cherian Approaches Supreme Court Against Kerala HC's Order Convicting Him For Contempt Of Court
The Supreme Court on Wednesday (27.09.2023) considered a Special Leave Petition filed by Nipun Cherian, the President of political party 'V4 Kochi', against the order of the division bench of the Kerala High Court that sentenced him to four months imprisonment in a suo motu contempt proceeding initiated by it, for his statements against a sitting judge of the High Court .
The Court suggested that a statutory appeal to the Supreme Court be filed instead of a Special Leave Petition
Supreme Court Stays DMK Newspaper's Defamation Case Against Union Minister & BJP Leader L Murugan
Case Title: Dr. L. Murugan V. Murasoli Trust
Citation: SLP (Crl) No. 12091-12092/2023
The Supreme Court on Wednesday (27.09.2023) stayed the defamation proceedings against Union Minister Dr. L Murugan and former Tamil Nadu BJP Head initiated by DMK mouthpiece Murasoli Trust. Earlier this month, the Madras High Court had refused to quash the proceedings, against which Murugan approached the Apex Court in appeal.
Abdullah Azam Khan Claims Juvenility To Seek Suspension Of Conviction; Supreme Court Seeks District Judge's Report On Birth Date
Case Title: Mohammad Abdullah Azam Khan v. State of UP
Citation: Special Leave to Appeal (Crl.) No. 5216/2023
The Supreme Court on Tuesday (26.09.2023) directed the District Judge, Rampur to submit a report regarding the date of birth of Samajwadi Party leader Mohammed Abdullah Azam Khan while hearing his plea to stay the conviction in a case, that resulted in his disqualification as a member of the Uttar Pradesh legislative assembly
One-Third Women's Reservation Bill for Urban Local Bodies Introduced in State Assembly, Nagaland Govt Tells Supreme Court
Case Details: People Union for Civil Liberties (PUCL) v. State of Nagaland
Citation: Civil Appeal No. 3607 of 2016
The State of Nagaland on Tuesday informed the Supreme Court that the state legislative assembly introduced a bill earlier this month seeking to reserve 33 percent reservation of seats in urban local bodies for women in terms of Article 243T of the Constitution of India.
Manipur | Supreme Court Raises Concerns Over Delay in Centre's Approval for Chief Justice Appointment in High Court
Case Title: Advocates Association Bengaluru v. Barun Mitra And Anr.
Citation: Contempt Petition (Civil) No. 867 of 2021 in Transfer Petition (Civil) No. 2419 of 2019
While expressing renewed concerns on Tuesday over the central government's delay in deciding on various collegium recommendations for the appointment and transfer of judges of constitutional courts, the Supreme Court alluded to the Manipur High Court - 'a sensitive high court' - where the chief justice position lay vacant with the government sitting over the collegium's recommendation to appoint Delhi High Court judge Siddharth Mridul as the head of the high court.
Meanwhile, the northeastern state grapples with prolonged ethnic clashes requiring the court's intervention at crucial moments. Currently, Justice MV Muralidaran is serving as Manipur High Court's acting chief justice
'We're Showing How Youngsters Speak', Says Maker Of 'College Romance'; Supreme Court To Examine If Profane Language Falls Under Sec 67A IT Act
Case Title: TVF Media Labs Pvt. Ltd. v. State (Govt. Of NCT Of Delhi)
Citation: SLP(Crl) No. 5532/2023
The Supreme Court on Tuesday (26.09.2023), while considering an appeal by the makers of the TVF web series ‘College Romance’, said that it will look into whether Section 67A of the Information Technology Act,2000 would apply to profane language.
The makers of the web series had approached the Supreme Court against the order of the Delhi High Court that had upheld the registration of FIR against them under Sections 67 and 67A of the Information Technology Act,2000.
Supreme Court Pulls Up Chhattisgarh Jail Superintendent For Producing Letter From Prisoner Regarding Withdrawal Of His Petition
Case title: Chain Singh v. State of Chattisgarh
Citation: Writ Petition(s)(Criminal) No(s). 183/2023
The Supreme Court recently (September 25) disapproved of the conduct of the Jail Superintendent of the Durg Central Jail in Chattisgarh for producing a purported letter from a prisoner in which he agreed to withdraw the petition filed by him in the Supreme Court seeking premature release.
Delhi Government Urges Supreme Court To Urgently Hear Plea Challenging Law Diluting Its Powers Over Services
The Delhi Government on Wednesday (September 27) requested the Supreme Court to urgently list the petition filed by it challenging the Government of NCT Delhi (Amendment) Act, 2023 which gives overriding powers to the Delhi Lieutenant Governor over the control of civil servants.
Supreme Court Orders Status Quo On Appointment Of Archakas(Priests) In Agamic Temples In Tamil Nadu
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 Supreme Court on Monday(September 25) ordered status quo relating to the appointment of Archakas (poojari/priest) in Agamic Temples in the State of Tamil Nadu.
In August 2022, a division bench of the Madras High Court had read down the Tamil Nadu Hindu Religious Institutions Employees (Conditions of Service) Rules, 2020 to hold that they would not apply to temples constructed as per agamas in relation to the qualifications and appointments of archakas/poojaris.
Arbitration Clause In Unstamped Agreement Enforceable? Supreme Court Refers 'NN Global' To Seven-Judge Bench
Case Title: Bhaskar Raju and Brothers and Anr V. s Dharmaratnakara Rai Bahadur Arcot Narainswamy Mudaliar Chattram & Other Charities and Ors
Citation: Curative Petition (Civil) No 44 of 2023 in Review Petition (Civil) No 704 of 2021 in Civil Appeal No 1599 of 2020.
The Supreme Court on Tuesday(September 26) referred to a seven-judge bench on the issue of whether unstamped/insufficiently stamped arbitration agreements are unenforceable. A 5-judge bench led by Chief Justice of India DY Chandrachud made the reference while hearing a curative petition against its 2020 ruling that had held that an arbitration clause in an insufficiently stamped agreement cannot be acted upon by the court
Lakhimpur Kheri Case: Supreme Court Allows Ashish Mishra To Stay In Delhi For Treatment Of Mother & Daughter
Case: Ashish Mishra alias Monu v. State of UP
Citation: SLP(Crl) No. 7857/2022
The Supreme Court on Tuesday (September 26) allowed Ashish Mishra, the prime accused in the Lakhimpur Kheri case, to visit and stay in the National Capital Territory of Delhi to look after his ailing mother and to get treatment for his daughter.
70 Collegium Resolutions Pending': Supreme Court Again Raises Issue Of Centre Delaying Judges' Appointments, Says It Will 'Monitor Closely
After a brief hiatus, the Supreme Court on Tuesday (September 26) again expressed concerns at the Central Government not deciding on several collegium recommendations for appointments and transfers of High Court judges, including the appointment of the Chief Justice of a "sensitive High Court" (alluding to the Manipur High Court).
Supreme Court Forms Special Bench To Hear Review Against PMLA Judgment, Hearing On Oct 18
The Supreme Court has constituted a special bench to hear the review petitions against the 2022 judgment in the Vijay Madanlal Choudhary case which upheld the constitutional validity of the provisions of the Prevention of Money Laundering Act (PMLA) relating to arrest, seizure, presumption of innocence, stringent bail conditions etc.
Supreme Court Asks ED To Not Summon BRS Leader K Kavita Till Nov 20
Case Details: Kalvakuntla Kavitha v. Directorate of Enforcement
Citation: Writ Petition (Criminal) No. 103 of 2023
The Supreme Court on Tuesday asked the Enforcement Directorate to not summon Bharat Rashtra Samithi (BRS) leader K Kavitha for questioning in connection with the Delhi excise policy case till the former Lok Sabha M plea challenging the central agency's summons is heard first. The ED is currently investigating her role in influencing the now-scrapped liquor policy in the national capital and related bribery allegations
Bulldozer Action Against Homes Of Accused Becoming Fashion In Many States, Court Should Lay Down Law : Dushyant Dave To Supreme Court
Senior Advocate Dushyant Dave on Tuesday voiced his concerns about the rising trend of state governments demolishing the homes of people accused of crimes, emphatically stressing that the right to a home was a facet of the right to life under Article 21 of the Constitution.
Automatic Vacation Of Stay After 6 Months Creating Problems, Requires Serious Reconsideration: Supreme Court
The Supreme Court on Tuesday orally remarked that its order in Asian Resurfacing of Road Agency Pvt. Ltd. VS. Central Bureau of Investigation directing automatic vacation of stay granted by any court including High Courts in civil or criminal proceedings after 6 months ‘requires serious consideration’ as it is creating problems.
In March 2018, the Supreme Court had directed that where stay against proceedings of a civil or criminal trial is operating, the same will come to an end on expiry of six months unless in an exceptional case by a speaking order such stay is extended. This was reiterated by the Supreme Court in October 2020.
Supreme Court Dismisses Plea In Which It Had Earlier Raised The Issue Whether Protests Can Be Held By A Party After Approaching Court
Case Title: Kisan Mahapanchayat v. Union of India
Citation: W.P.(C) No. 854/2021
Today, a Division Bench of the Supreme Court, dismissed a writ petition filed by the farmers’ group ‘Kisan Mahapanchayat’ which had approached the Court, in the year 2021, seeking permission to hold satyagraha at Jantar Mantar in the national capital to protest against the now repealed farm laws. The Court has, however, granted the liberty to the farmers’ group to approach the Delhi High Court.
Supreme Court to Hear on Oct 17 TN Anti-Corruption Agency's Plea For Fresh Probe Against Ex-CM Edappadi Palaniswami In Highway Tender Scam Case
The Supreme Court on Monday adjourned until October 17 the hearing of a plea filed by Tamil Nadu Director of Vigilance and Corruption (DVAC) challenging a Madras High Court order ruling out a fresh inquiry ordered by the state government against former chief minister Edappadi Palaniswami in connection with an alleged highway tender scam
Supreme Court To Hear Bail Plea Of Suspended IAS Officer Pooja Singhal In Money Laundering Case On October 31
Case Title: Pooja Singhal v. Directorate of Enforcement
Citation: SLP(Crl) No. 11971/2022
In a recent legal development, a Division Bench of the Supreme Court, while hearing an appeal filed by suspended Indian Administrative Services (IAS) officer Pooja Singhal assailing the Jharkhand High Court’s order wherein she was denied bail, directed the Directorate of Enforcement (ED) to inform the Bench about the real material witnesses who need to be examined in the matter.
It may be noted that Singhal was arrested last year pertaining to a money laundering case registered against her in connection with the alleged embezzlement of MGNREGA funds in Khunti district during 2009-2010 and some other suspicious financial transactions.
Supreme Court Constitutes 7-Judge Bench To Decide Whether MPs/MLAs Taking Bribe For Votes In Legislature Can Claim Immunity
The Supreme Court has constituted a seven-judge bench to hear the reference of the judgement in PV Narasimha Rao v State (1998) which had held that legislators enjoyed immunity from prosecution in cases of bribery in relation to parliamentary vote and speech as per Article 105(2) and Article 194(2) of the Indian Constitution.
The judgement had added that the immunity would only be extended if the legislators carried out the act that they had taken the bribe for. In other words, if a legislator took a bribe to vote for a particular candidate but later decided to not go ahead with the same and voted for someone else, the immunity would not be extended to them.
Manipur Violence | Issue Aadhaar Cards To Displaced Persons After UIDAI Verification: Supreme Court
Case Title: Dinganglung Gangmei v. Mutum Churamani Meetei
Citation: Diary No. 19206-2023
Continuing its ongoing monitoring of the issues arisen out of Manipur violence, a bench comprising Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, passed additional directions today to ensure the welfare of affected individuals and the restoration of stability in the region. At the same time, the bench also clarified that it did not intend to run the Manipur administration at the Supreme Court and urged the counsels to give the government and the administration some time to work through the issues.
Mental Health Of Advocates Important, Work-Life Balance Necessary To Avoid Burnout: Justice Dipankar Datta
Supreme Court Judge, Justice Dipankar Datta while speaking at the International Lawyers’ Conference 2023, inter-alia, talked about access to equal opportunities. He also asserted that it is the responsibility of the legal fraternity to ensure that the legal profession remains inclusive and sustainable for all.
He stated: “It is astounding how the spectrum of opportunities and their accompanying problems vary from court to court and city to city. The Indian legal professional is not alone in this dilemma, I am all but certain that these issues do not exist in isolation for India but form a part of a larger social reality, affecting the world in their respective ways. Exclusion, within the legal profession, exists in spheres of gender, caste, ethnicity, sexual orientation, financial capabilities, disabilities and several other intersecting ones.
'No Quality Education If Student Is Penalised Based On Religion': Supreme Court Slams UP Govt & Police On Muzaffarnagar Student Slapping
Case Details: Tushar Gandhi v. State of Uttar Pradesh
Citation: Writ Petition (Criminal) No. 406 of 2023
The Supreme Court on Monday expressed dissatisfaction with the manner in which the Uttar Pradesh Police has dealt with Muzaffarnagar school student slapping case, in which a primary school teacher punished a Muslim boy by asking other students to slap him.
Raising questions at the delay in the registration of the FIR and the omission of allegations regarding communal hatred from it, the bench directed that the case be investigated by a senior IPS-ranked police officer.
NEET-PG : Supreme Court Dismisses Plea Challenging Reduction Of NEET-PG 2023 Qualifying Percentile To Zero
The Supreme Court on Monday (September 25) dismissed a petition challenging the decision of the Union Government to reduce the cut-off for post-graduate medical college admissions through NEET-PG 2023 exam as zero percentile.
Supreme Court Refuses To Interfere With HC Order Allowing Delhi University To Use CLAT Score For 5 Yr LLB Admissions In 2023-24
Case: Prince Singh v. Faculty of Law, the University of Delhi and others
Citation: SLP(C) No. 21411/2023
The Supreme Court on Monday(September 25) refused to interfere with the interim order passed by the Delhi High Court allowing the University of Delhi to admit students in the 5 year LL.B course of its Faculty of Law on the basis of the Common Law Admission Test (CLAT).
Noting that the classes have already commenced, a bench led by Chief Justice of India DY Chandrachud dismissed the special leave petition filed by a student, who demanded that the admission should be on the basis of the Common University Entrance Test (CUET) held by the University for other courses. CLAT is conducted by the Consortium of National Law Universities.
'Don't Use Supreme Court Proceedings Or Other Reasons As Excuse To Delay Trial': Supreme Court To Satyendar Jain During Bail Plea Hearing
Case Title: Satyendar Kumar Jain v. Directorate of Enforcement
Citation: Special Leave Petition (Criminal) No. 6561 of 2023
The Supreme Court on Monday adjourned until October 9 the hearing of the bail plea of Aam Aadmi Party leader and former Delhi government cabinet minister Satyendar Jain in a money laundering case. Jain was arrested by the Enforcement Directorate in May 2022 and was granted interim bail due to medical reasons earlier this year.
The court today clarified that this interim relief will continue until the next date of the hearing. Also addressing the concern of the State that the AAP leader has allegedly been using delay tactics to push back his trial, the apex court directed him to 'diligently' participate in the ongoing proceedings before the trial court
Supreme Court Directs Manipur Bar Associations To Not Prevent Lawyers Of Any Community From Appearing Before Courts; Warns Of Contempt Action
Case Title: Dinganglung Gangmei v. Mutum Churamani Meetei And Ors. Diary No. 19206-2023
Citation: 2023 LiveLaw (SC) 837
The Supreme Court on Monday directed the Bar Associations in Manipur to not prevent any lawyer, regardless of their community, to appear before the courts. The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra clarified that the direction was not passed on any complaint but merely to caution all lawyers to ensure that access to justice is not prevented. The bench further added that any violation of the direction would amount to contempt of the court's order.
Supreme Court Grants Anticipatory Bail To Man Accused Of Selling Gutkha On Condition To Not Deal With Gutkha
While granting anticipatory bail to a man who was accused of selling Gutkha, the Supreme Court imposed a condition that he will not deal with Gutkha.
"It is deemed appropriate to impose the condition – 'I, ....do undertake to not deal with Gutkha, that is, Pan Masala with Tobacco'. In case, the appellant - Abhijeet Jitendra Lolage violates the terms and conditions of bail, including the undertaking imposed, it would be open to the prosecution to seek cancellation of bail. It is clarified that the observations recorded in the signed order will not be treated as findings on the merits of the case," ordered a bench comprising Justices Sanjiv Khanna and SVN Bhatti.
'Come Tomorrow': Supreme Court Refuses To Take Up Chandrababu Naidu's Plea To Quash FIR Today
'The Supreme Court on Monday refused urgent mentioning of the petition filed by former Andhra Pradesh Chief Minister Chandrababu Naidu seeking to quash the FIR registered by the Andra Pradesh Crime Investigation Department (CID) in connection with the skill development scam case and also challenging his remand in the case.
LIFE Mission Case: Supreme Court Extends Interim Bail Granted To M Sivasankar On Medical Grounds By 2 Months
Case Title: M. Sivasankar v. UoI And Anr
Citation: SLP(Crl) No. 5590/2023
The Supreme Court on Monday extended the interim bail granted to M Sivasankar, Former Principal Secretary to the Chief Minister of Kerala in the LIFE Mission corruption case by two months.
Previously, Sivasankar had been granted interim bail for 2 months on medical grounds on 2nd August. He had approached the Top Court seeking bail in a money laundering case in connection with the LIFE Mission corruption case on grounds of ill-health. LIFE (Livelihood, Inclusion and Financial Empowerment) Mission project is a housing project initiated by the Kerala Government for the homeless.
Supreme Court To Examine Validity Of Minimum Marks Criteria In Interview For Post Of Junior Judicial Assistant/ Restorer At Delhi HC
Case Status: AALMA v. Delhi High Court
Citation: Special Leave to Appeal (C) No(s). 22134/2022
Recently, the Supreme Court had issued notice in an appeal challenging the Delhi High Court’s Order, wherein the Court had refused to interfere with the criteria for fixing the minimum qualifying marks in viva voce for the post of Junior Judicial Assistant/Restorer (Group-C).
Panchnama Inadmissible In Court Where Witnesses Merely Acted As Attestors And Did Not Disclose How Objects Were Discovered: Supreme Court
Citation: Criminal Appeal No(s). 793-794 of 2022
The Supreme Court ruled that 'panchnamas' (documents recording the proceedings of searches and seizures) would be deemed inadmissible in a court of law if they were prepared in a manner violative of Section 162 CrPC. Specifically, the Court raised alarm over the role played by witnesses in these proceedings and their failure to adequately disclose how objects were discovered during searches.
The court observed “Witnesses to the panchnamas and the seizures acted as mere attestors to the documents and did not disclose in their own words as to how these objects were discovered, i.e., at whose instance and how. Ergo, no lawful validity attaches to these proceedings recorded by the police in the context of collection of all this evidence.”
In A First, Sign Language Interpreter Appears In Supreme Court For Deaf Lawyer; Sparks Conversations On Accessibility
On a seemingly ordinary morning on September 22 (Friday), the Supreme Court of India had a surprise in store for all those tuned into its virtual proceedings. A small window popped up on the screen, displaying a man intently interpreting court proceedings in sign language. The presence of the Indian Sign Language (ISL) interpreter, Saurav Roychowdhury, was arranged by Advocate on Record Sanchita Ain, who had a sole mission in mind - to ensure that her deaf junior, Advocate Sarah Sunny, could actively participate in the court's deliberations.
Advocate Sarah Sunny, India's first practicing deaf advocate, spoke to Live Law about her unique experience of having an ISL interpreter translate the proceedings for her. Sarah didn't hold back her praise, especially for Chief Justice of India DY Chandrachud, who has been a vocal advocate for equal access to justice for persons with disabilities