Supreme Court Weekly Round-Up: August 14 to 20, 2023

Judgments/OrdersRegistration Of FIR Mandatory If Information Discloses Cognizable Offence: Supreme Court ReiteratesCase title: Sindhu Janak Nagargoje v. State of MaharashtraCitation: 2023 LiveLaw (SC) 639The Supreme Court recently reinforced the obligatory nature of registering First Information Reports (FIRs) under Section 154 of the Code of Criminal Procedure (CrPC) when the police received information pertaining to a cognizable offense.Marine Insurance | If Ship Is Sent To Sea In Unworthy State, Insurer Not Liable For Any Loss Due To Unseaworthiness: Supreme CourtCase title: Hind Offshore Pvt Ltd v. IFFCO General Insurance Co. Ltd.Citation: 2023 LiveLaw (SC) 640The Supreme Court recently held that in marine insurance, if the ship is sent to sea in an unseaworthy state, the insurer is not liable for any loss attributable to unseaworthiness. It also observed that the mere knowledge of an insurer about a breach of warranty does not automatically equate to a waiver unless explicitly stated.The Court held that an insured party seeking insurance coverage based on a Classification Certificate for a vessel must proactively bring any shortcomings or defects to the attention of the Classification Society before the certificate is issued. This is important as the insurance coverage is based on the assumption that the Classification Society has diligently assessed all aspects before issuing the certificate.To Attract Section 306 IPC, There Must Be Evidence To Substantiate Existence Of Suicide: Supreme CourtCase title: Yaddanapudi Madhusudhana Rao vs State of Andhra PradeshCitation: 2023 LiveLaw (SC) 641"To attract the ingredients of Section 306 IPC, there must be evidence to substantiate the existence of suicide. It should be followed by abetment, as required under Section 107 of the IPC. In as much as we do not find any merit in evidence to support the case of the prosecution that there was a suicide, thereby the statement recorded from LW25 itself shows that the deceased was ailing and therefore, not keeping in good health.", the court added.Correctness Of Witness Statements Cannot Be Decided In Section 482 CrPC Proceedings: Supreme CourtCase title: Manik B v. Kadapala Sreyes ReddyCitation: 2023 LiveLaw (SC) 642The Supreme Court observed that a High Court cannot go into the correctness or otherwise of the material placed by the prosecution in the chargesheet while considering a petition seeking quashing of criminal proceedings under Section 482 Cr.P.C.The Court would exercise its power to quash the proceedings only if it finds that taking the case at its face value, no case is made out at all, the bench of Justices B R Gavai, P S Narasimha and Prashant Kumar Mishra observed.Supreme Court Orders Release Of Vegetable Vendor Convicted For Possessing 43 Counterfeit Ten Rupees NotesCase title: Palanisamy v. StateCitation: 2023 LiveLaw (SC) 643The Supreme Court ordered the release of a vegetable vendor who was convicted of possessing 43 counterfeit notes of the denomination of Rs.10.The court modified the sentence to the one already undergone while retaining the conviction.Persons Who Secure Job In Reserved Posts Based On False Caste Certificates Liable To Be Dismissed: Supreme CourtCase Title: Bhubaneswar Development Authority v. Madhumita Das & OrsCitation: 2023 LiveLaw (SC) 644The Supreme Court recently reiterated that no protection should be given to persons who secure public employment through false caste certificates. The Court set aside a judgment of the Orissa High Court which directed a public authority to consider reinstating an employee, who was found to have obtained employment in reserved post on the basis of a false certificate(Bhubaneswar Development Authority v. Madhumita Das & Ors).The Court held that it is immaterial whether the caste certificate was submitted fraudulently or due to a genuine mistaken belief. Intent is of no consequence.Have To Keep In Mind Freedom Of Speech': Supreme Court Dismisses PIL For Central Govt Authority To Regulate MediaCase title: Reepak Kansal v. Union of IndiaCitation: 2023 LiveLaw (SC) 645The Supreme Court recently underlined the significance of the fundamental right to freedom of speech and expression while dismissing a PIL which sought a direction to the Government of India to constitute a "Broadcast Regulatory Authority of India" to regulate media.Can't Pass 'One Size Fits All' Direction For Page Limit On Petitions: Supreme CourtCase Title: Amrish Rajnikant Kilachand v. Secretary General SCICitation: 2023 LiveLaw (SC) 646The Supreme Court recently disposed of a Public Interest Litigation (PIL) seeking to limit the pages in petitions filed in Court. While the Top Court said the concern of the Petitioner was ‘laudable’, the Court was of the view that it would not be proper to issue a ‘one size fits all’ direction.The Apex Court disposed the plea leaving it open to the petitioner to approach the Secretary General of the Supreme Court on any ‘concrete’ suggestions he may...

Supreme Court Weekly Round-Up: August 14 to 20, 2023

Suraj Parmar

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