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Supreme Court Weekly Round-Up (16th-22nd October)
Suraj Kumar
1 Nov 2023 1:34 PM GMT
Nominal Index [Citations: 2023 LiveLaw (SC) 895-918]Chain Singh v. State of Chattisgarh 2023 LiveLaw (SC) 895M/S Triveni Glass Limited v Commissioner of Trade Tax UP 2023 LiveLaw (SC) 896Mathews J. Nedumpara & Ors. v. Union of India & Ors. 2023 LiveLaw (SC) 897Supriyo v. Union of India 2023 LiveLaw (SC) 900M. Hemalatha Devi & Ors V. B. Udayasri 2023 LiveLaw (SC) 902Mohamed Ibrahim...
Nominal Index [Citations: 2023 LiveLaw (SC) 895-918]
Chain Singh v. State of Chattisgarh 2023 LiveLaw (SC) 895
M/S Triveni Glass Limited v Commissioner of Trade Tax UP 2023 LiveLaw (SC) 896
Mathews J. Nedumpara & Ors. v. Union of India & Ors. 2023 LiveLaw (SC) 897
Supriyo v. Union of India 2023 LiveLaw (SC) 900
M. Hemalatha Devi & Ors V. B. Udayasri 2023 LiveLaw (SC) 902
Mohamed Ibrahim v. Managing Director 2023 LiveLaw (SC) 903
Priyanka Kumari V. Shailendra Kumar 2023 LiveLaw (SC) 904
M/S Mathosri Manikbai Kothari College Of Visual Arts v. The Assistant Provident Fund Commissioner 2023 LiveLaw (SC) 905
Yamini Manohar v. TKD Keerthi 2023 LiveLaw (SC) 906
Abhishek Sharma v. State(Govt of NCT of Delhi) 2023 LiveLaw (SC) 907
Naveen @ Ajay v. State of Madhya Pradesh 2023 LiveLaw (SC) 908
M/S Chennai Metro Rail Ltd. v. M/S Transtonnelstroy Afcons JV 2023 LiveLaw (SC) 909
Initiatives For Inclusion Foundation v. Union of India 2023 LiveLaw (SC) 910
Assessing Officer Circle (International Taxation) New Delhi v. M/s Nestle SA 2023 LiveLaw (SC) 911
Dasanglu Pul vs Lupalam Kri 2023 LiveLaw (SC) 912
Surinder Pal Singh v. Vijaya Bank 2023 LiveLaw (SC) 913
Tottempudi Salalith v State Bank Of India 2023 LiveLaw (SC) 914
Paranagouda v. State of Karnataka 2023 LiveLaw (SC) 915
Yashpal Jain v. Sushila Devi 2023 LiveLaw (SC) 916
Dr.Balram Singh vs Union of India 2023 LiveLaw (SC) 917
Tamil Nadu And Puducherry Paper Cup Manufactures Association v. State Of Tamil Nadu, 2023 LiveLaw (SC) 918
Judgments/Orders
Case Title: X v. Union of India
Citation: 2023 LiveLaw (SC) 840
The Supreme Court today (16.10.2023) rejected the plea of a married woman to abort her third pregnancy which has crossed 26-week on the ground that she was suffering from postpartum psychosis after her previous delivery in September 2022. The order was passed by a bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra.
Decide Remission Applications Without Delay: Supreme Court To Chhattisgarh Govt
Case title: Chain Singh v. State of Chattisgarh
Citation: 2023 LiveLaw (SC) 895
In a recent ruling by the Supreme Court of India, a case involving the belated grant of permanent remission, the Court urged the Chhattisgarh State Government to ensure that such cases are considered without unnecessary delays, following the government's policy. The Court noted that the petitioner was released and the Secretary had tendered his apology for belated remission.
Case Title: M/S Triveni Glass Limited v COMMISSIONER OF TRADE TAX, U.P.
Case No.: 2023 LiveLaw (SC) 896
The Supreme Court has held that ‘Tinted Glass Sheet’ is different from ‘Plain Glass sheet’ and is thus liable to be taxed as “goods or wares made of glass” under Entry 4 of Notification No.5784 dated 07.09.1981, issued by State Government. Accordingly, the manufacturer of Tinted Glass is liable to pay tax @15% on such goods.
The Bench comprising Justice S. Ravindra Bhat and Justice Aravind Kumar, observed that, “There is no vagueness in the notification dated 07.09.1981 and the entry No. 4 is clear and unambiguous namely it has brought within the sweep “all goods and wares made of glass” eligible to tax but not including “plain glass panes” and the exemption being the creation of the statute itself, it has to be construed strictly and even if there is any vagueness in the exemption clause must go to the benefit of the revenue.”
Case Details: Mathews J. Nedumpara & Ors. v. Union of India & Ors.
Citation: 2023 LiveLaw (SC) 897
The Supreme Court on Monday (October 16) upheld the practice of designating senior advocates, affirming the constitutional validity of Sections 16 and 23(5) of the Advocates Act, 1961.
Case Title: Supriyo v. Union of India | Writ Petition (Civil) No. 1011 of 2022
Citation: 2023 LiveLaw (SC) 900
The Supreme Court on 17.10.2023 refused to grant legal recognition for queer marriages in India saying that it is a matter for the legislature to decide. However, all the judges on the bench agreed that the Union of India, as per its earlier statement, shall constitute a committee to examine the rights and entitlements of persons in queer union, without legal recognition of their relationship as a "marriage".
The Court also unanimously held that that queer couples have a right to cohabit without any threat of violence, coercion of interference; but refrained from passing any directions to formally recognize such relationships as marriages.
Case Title: Supriyo v. Union of India | Writ Petition (Civil) No. 1011 of 2022
Citation: 2023 LiveLaw (SC) 900
The Supreme Court today refused to grant legal recognition for queer marriages in India. The Constitution bench has pronounced four judgments– written by CJI DY Chandrachud, Justice SK Kaul, Justice Ravindra Bhat, and Justice PS Narasimha respectively, with Justice Hima Kohli concurring with the view of Justice Bhat. Along with this, the Supreme Court also declined the right of adoption to queer couples by a 3:2 majority.
Case Title: Supriyo v. Union of India | Writ Petition (Civil) No. 1011 of 2022
Citation: 2023 LiveLaw (SC) 900
While refusing to grant legal recognition for queer marriages in India, the Supreme Court today affirmed that transgender persons in heterosexual relationships have a right to marry as per the existing statutory laws or personal laws. The Constitution bench pronounced four judgements– written by CJI DY Chandrachud, Justice SK Kaul, Justice Ravindra Bhat and Justice PS Narasimha respectively, with Justice Hima Kohli concurring with the view of Justice Bhat.
Queerness Not An Urban, Elitist Concept: Supreme Court Declares
Case Title: Supriyo v. Union of India | Writ Petition (Civil) No. 1011 of 2022
Citation: 2023 LiveLaw (SC) 900
Stating that the court could not step into the domain of the legislature, the Supreme Court today refused to grant legal recognition for queer marriages in India. The Constitution bench pronounced four judgments– written by CJI DY Chandrachud, Justice SK Kaul, Justice Ravindra Bhat and Justice PS Narasimha respectively, with Justice Hima Kohli concurring with the view of Justice Bhat.
Case Title: Supriyo v. Union of India | Writ Petition (Civil) No. 1011 of 2022
Citation: 2023 LiveLaw (SC) 900
Even though the Supreme Court refrained from granting legal recognition for same-sex marriages, it did make a strong call to the State to take steps to end the discrimination faced by queer couples and to ensure protection for their right to cohabitation.
The Court observed that the discrimination faced by the queer community due to the exclusion of same-sex partners from welfare measures due to the heteronormative definitions in laws must be addressed by the State.
Case Title: Supriyo v. Union of India | Writ Petition (Civil) No. 1011 of 2022
Citation: 2023 LiveLaw (SC) 900
"There is a degree of agreement and a degree of disagreement on how far we have to go," remarked CJI DY Chandrachud as he commenced the pronouncement of the judgement denying the grant of legal recognition for queer marriages in India in open court yesterday. With four separate judgments authored by CJI DY Chandrachud, Justice SK Kaul, Justice Ravindra Bhat, and Justice PS Narasimha, a lot seems to be clarified on these "agreements and disagreements" of the bench on crucial questions of law.
Case Title: Supriyo v. Union of India | Writ Petition (Civil) No. 1011 of 2022
Citation: 2023 LiveLaw (SC) 900
On October 17, 2023, a Supreme Court Constitution Bench unanimously held that it could not strike down or read down the provisions of the Special Marriage Act (SMA),1954 to include non-heterosexual unions within the ambit of 'marriage'. In doing so, the Supreme Court effectively denied legal recognition for queer marriages in India. Despite the Constitution bench having pronounced four judgements– written by CJI DY Chandrachud, Justice SK Kaul, Justice Ravindra Bhat and Justice PS Narasimha respectively, with Justice Hima Kohli concurring with the view of Justice Bhat, all five judges, in one voice, agreed to not strike or read the SMA down. The court stated that reading the provisions of the SMA to bring within its fold queer marriages would amount to a legislative exercise which fell exclusively within the domain of the Parliament.
Consumer Disputes Are Non-Arbitrable, Consumers Can't Be Compelled Into Arbitration: Supreme Court
Case Title: M. Hemalatha Devi & Ors V. B. Udayasri
Citation: 2023 LiveLaw (SC) 902
The Supreme Court recently held that consumer disputes are non arbitrable disputes and a party cannot be compelled into arbitration just because they are a signatory to an arbitration agreement.
A bench of Justice Sanjay Kishan Kaul and Justice Sudhanshu Dhulia observed that the Consumer Protection Act is a piece of welfare legislation with the primary purpose of protecting the interest of a consumer.
Case title: Mohamed Ibrahim v. Managing Director
Citation: 2023 LiveLaw (SC) 903
The Supreme Court has expressed concerns about the conditions of disabilities falling within defined categories and meeting the criteria of "benchmark disabilities" under the Right to Persons with Disabilities Act 2016 (RPwD Act). While hearing a case of a person with colour blindness who was denied appointment in the post of Assistant Engineer (Electrical) in the Tamil Nadu Generation and Distribution Corporation (TANGEDCO), the Court said that these conditions were creating barriers and advocated the need to adopt a different yardstick.
Case title: Mohamed Ibrahim v. Managing Director
Citation: 2023 LiveLaw (SC) 903
The Supreme Court on Monday (October 16) granted relief to a person with 'colour blindness' by directing the Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) to appoint him as an Assistant Engineer (Electrical) at an appropriate grade of pay.
Case Title: Priyanka Kumari V. Shailendra Kumar
Citation: 2023 LiveLaw (SC) 904
The Supreme Court recently held that when notice is returned as ‘unclaimed’, it shall be deemed to be served on the addressee and considered proper service. The Apex Court also clarified that the word ‘refusal’ can be interpreted as synonymous to the word ‘unclaimed’.
Case Title: M/S Mathosri Manikbai Kothari College Of Visual Arts V. The Assistant Provident Fund Commissioner
Citation: 2023 LiveLaw (SC) 905
A Division Bench of the Supreme Court recently determined the legal position pertaining to the clubbing of different institutes for the purpose of coverage under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (EPF Act).
After referring to several decisions with respect to the subject matter, the Court concluded that there is a financial integrity between the two institutes and thus, they can be interconnected and can be clubbed for the purpose of coverage.
Case Title: Yamini Manohar v. TKD Keerthi
Citation: 2023 LiveLaw (SC) 906
While reiterating the mandatory nature of Section 12A of the Commercial Suits Act, which mandates pre-litigation mediation unless the suit contemplates urgent relief, the Supreme Court stated that plaintiff has no absolute choice to avoid pre-litigation mediation by merely making a prayer for urgent interim relief.
Principles To Be Followed In Case Of Multiple Dying Declarations: Supreme Court Explains
Case title: Abhishek Sharma v. State(Govt of NCT of Delhi)
Citation: 2023 LiveLaw (SC) 907
The Supreme Court recently laid down the principles to be followed in cases where there are multiple dying declarations. The Court delved into the circumstances where the extent of burn injuries was considered when evaluating the credibility of dying declarations. The Court also clarified that evidence given by interested witnesses should be corroborated by an independent witness.
Case Details: Naveen @ Ajay v. State of Madhya Pradesh | Criminal Appeal Nos. 489-490 of 2019
Citation: 2023 LiveLaw (SC) 908
The Supreme Court on Thursday (October 19) set aside the conviction and death sentence of a man accused of kidnapping, raping, and murdering a three-month-old infant after noting that he had not been give a 'proper opportunity' to defend himself. The trial had hit the headlines after being concluded in a record 23 days from the date of the offence.
Case Title: M/S CHENNAI METRO RAIL LIMITED vs. M/S TRANSTONNELSTROY AFCONS JV, C.A. No. 4591/2023
Citation: 2023 LiveLaw (SC) 909
In a notable judgment, the Supreme Court has held that unilateral revision of fee by an arbitral tribunal, though not permissible, will not terminate its mandate on the ground of ineligibility as per Section 12 of the Arbitration and Conciliation Act 1996.
States/UTs Must Notify 'District Officers' Under POSH Act: Supreme Court Issues Slew Of Directions
Case Title: Initiatives For Inclusion Foundation v. Union of India
Citation: 2023 LiveLaw (SC) 910
The Supreme Court has issued a slew of directions to the Union government, and all State/UT governments to ensure the effective implementation of the provisions of the Sexual Harassment at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 (POSH Act) read with its Rules.
Significant among them is the mandatory direction issued by the Court that the States and Union Territories must appoint a "District Officer" as per Section 5 of the Act.
Case Title: Assessing Officer Circle (International Taxation) New Delhi v. M/s Nestle SA C.A. No. 1420/2023 + ten connected appeals
Citation: 2023 LiveLaw (SC) 911
The Supreme Court has held that a Double Taxation Avoidance Agreement (DTAA) cannot be given effect to by a court, authority or tribunal unless it has been notified by the Central Government under Section 90 of the Income Tax Act.
The Court held that until the Government of India issues a notification as per Section 90, the DTAA treaty is not enforceable per se in Indian courts
Case Title : Dasanglu Pul vs Lupalam Kri
Citation : 2023 LiveLaw (SC) 912
The Supreme Court on Thursday (October 19) set aside the judgment of the Gauhati High Court which invalidated the election of BJP MLA from Arunachal Pradesh Dasanglu Pul to the State Assembly in 2019.
Case Title: SURINDER PAL SINGH v. VIJAYA BANK & ORS.
Citation: 2023 LiveLaw (SC) 913
The Supreme Court, while deciding an appeal, settled the issue of right of redemption of a mortgaged property by a borrower under the unamended Section 13 (8) of the Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (SARFAESI Act).
Case Title: Tottempudi Salalith v State Bank Of India & Ors.
Citation: 2023 LiveLaw (SC) 914
The Supreme Court has held that the ‘Doctrine of Election’ cannot be applied to prevent a Financial Creditor from approaching the National Company Law Tribunal (NCLT) for initiation of Corporate Insolvency Resolution Process (“CIRP”) against a Corporate Debtor, under the Insolvency and Bankruptcy Code, 2016 (IBC).
The Doctrine of Election is embodied in the law of evidence, which bars prosecution of the same right in two different fora based on the same cause of action.
Case title: Paranagouda v. State of Karnataka
Citation: 2023 LiveLaw (SC) 915
In a heartwrenching case, where a girl committed suicide by setting herself on fire due to physical and mental torture committed by her in-laws demanding dowry, the Supreme Court convicted the appellants under Section 306 IPC (abetment of suicide) and Section 498A(cruelty against a married woman)read with Section 34 IPC based on the dying declaration made by her.
Her dying declaration even while suffering burn injuries(70-80%) proved critical in the end, even as her own father and all other witnesses had turned hostile in this case.
Read 12 Directions Issued by Supreme Court For Speedy Trial of Civil Cases
Case Title: Yashpal Jain v. Sushila Devi and others
Citation : 2023 LiveLaw (SC) 916
Expressing serious concerns at the pendency of cases in the country, the Supreme Court on Friday issued a slew of directions to ensure the speedy disposal of cases.
Case: Yashpal Jain v. Sushila Devi and others
Citation: 2023 LiveLaw (SC) 916
A bench comprising Justices S Ravindra Bhat and Aravind Kumar issued eleven directions to the high courts to ensure speedy trial and to monitor the disposal of cases, especially those pending for over five years.
Case Title: Dr.Balram Singh vs Union of India, Writ Petition(Civil) No. 324/2020
Citation: 2023 LiveLaw (SC) 917
The Supreme Court has issued a slew of directions to the Union and the State Governments to ensure that the abhorrent practice of manual scavenging is totally put to an end by strict implementation of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.
The Court directed that the process of manual cleaning of sewers is completely eradicated and to ensure that no individual has to manually enter sewers for any purpose
Case Title: Dr.Balram Singh v. Union of India
Citation: 2023 LiveLaw (SC) 917
The Supreme Court on Friday (October 20) issued a categorical direction to the Union Government and all State Governments to ensure the complete eradication of the practice of manual scavenging.
Expressing grave anguish at the continuance of this abhorrent practice in India, the Supreme Court directed that the compensation in cases of sewer deaths must be increased to Rs.30 lakhs. In cases of permanent disablement arising from sewer operations, the Court directed the increase of compensation to Rupees 20 lakhs and for other forms of disablement, the compensation must be not less than Rs 10 lakhs.
Case Title: Tamil Nadu And Puducherry Paper Cup Manufactures Association V. State Of Tamil Nadu, Civil Appeal No. 8536 Of 2022
Citation: 2023 LiveLaw (SC) 918
The Supreme Court on Friday (20.10.2023) refused to interfere with the order of the Madras High Court that upheld the ban on reinforced paper cups introduced in Tamil Nadu in 2019. However, the Apex Court directed the Tamil Nadu Pollution Control Board (TNPCB) to re-consider the ban on non-woven bags afresh in the light of the amended Plastic Waste Management Rules, 2016 wherein the Centre has regulated its use instead of imposing a complete ban.
News Updates
Justice Bhat began by expressing his deep gratitude for the privilege of serving as a member of the bench of the highest court in the country.
"I count myself to be amongst one of the most lucky person to have ended my career here, as a member of the bench of the highest court of the country," Justice Bhat stated
Umar Khalid Files Petition In Supreme Court Challenging UAPA Provisions
Former JNU scholar and activist Umar Khalid, who is an undertrial prisoner in the Delhi riots larger conspiracy case, has filed a writ petition in the Supreme Court challenging various provisions of the Unlawful Activities (Prevention) Act, 1967.
A bench of Justices Aniruddha Bose and Bela M Trivedi on Friday (October 20) tagged the petition along with earlier petitions filed challenging the constitutionality of UAPA provisions.
Case Details: Sanatan Suraksha Parishad v. Union of India & Ors.
Citation: Writ Petition (Civil) No. 1170 of 2023
The Supreme Court on Wednesday tagged another petition over Tamil Nadu minister and DMK leader Udhayanidhi Stalin's controversial remarks about 'Sanatana Dharma', with two other pleas already pending before the court
The Supreme Court on Friday adjourned the plea by former Andhra Pradesh Chief Minister Nara Chandrababu Naidu for anticipatory bail in the FiberNet scam in the state till November 9.
A bench of Justices Aniruddha Bose and Bela M Trivedi was hearing Naidu's special leave petition against an order of the Andhra Pradesh High Court refusing to grant him anticipatory bail earlier this week.
Case title: Ashok Pandey v. The Speaker of Lok Sabha And Ors
Citation: Diary No. 17457 of 2023
The Supreme Court on Friday dismissed a plea by a Lucknow-based lawyer challenging the restoration of Nationalist Congress Party Leader Mohammed Faizal's Lok Sabha membership.
Case Details: BV Srinivas v. State of Assam
Citation: Special Leave Petition (Criminal) No. 6210 of 2023
The Supreme Court of India on Friday granted anticipatory bail to Indian Youth Congress (IYC) president BV Srinivas in a sexual harassment case, by making 'absolute' a May 2023 order by which the court had granted him pre-arrest bail as an interim measure.
Popular Front of India Approaches Supreme Court against Central Govt's Ban under UAPA
Case Details: Popular Front of India v. Union of India
Citation: Diary No. 26236 of 2023
The Popular Front of India (PFI) has approached the Supreme Court against a home ministry notification designating it and its affiliated organisations as 'unlawful associations' under the Unlawful Activities (Prevention) Act, 1967.
Case title: BHARAT RASHTRA SAMITHI v. THE ELECTION COMMISSION OF INDIA
Citation: W.P.(C) No. 001187 - / 2023, Diary Number 43294/2023
The Supreme Court on Friday (October 20) refused to entertain the petitions filed by political party BRS (Bharat Rashtra Samithi) challenging the decision of the Election Commission of India(ECI) to allot to other political parties symbols, which BRS claimed, were "deceptively similar" to its symbol (Car).
The Supreme Court on Friday (October 20) took note of some "positive developments" in judicial appointments, as the Centre has notified a slew of appointments and transfers of High Court judges over the last two weeks.
At the same time, the Court reiterated its concerns about the segregation of names and the pendency of certain collegium proposals.
Case Details: Ashok Kumar Sharma, IFS (Retd) & Ors. v. Union of India & Ors.
Citation: Writ Petition (Civil) No. 1164 of 2023
The Supreme Court on Friday issued notice on a plea challenging the constitutionality of the recent amendments to the Forest (Conservation) Act.
A bench of Justices BR Gavai, Aravind Kumar, and Prashant Kumar Mishra was hearing a writ petition filed by retired civil servants, including a former secretary and an additional secretary to the Ministry of Environment, Forest and Climate Change (MoEFCC). Also among the petitioners are five former principal chief conservators of forests and ex-members of a standing committee of the National Board for Wildlife (NBWL)
Case Details: Prashant Umrao @ Prashant Kumar Umrao v. Inspector of Police
Citation: Special Leave Petition (Criminal) No. 4351 of 2023
The Tamil Nadu government informed the Supreme Court on Thursday (October 19) that only one first information report (FIR) has been registered in the state against Uttar Pradesh Bharatiya Janata Party spokesperson Prashant Umrao for allegedly spreading fake news about attacks against Bihari migrants in the southern state. The court was further told that chargesheet will be filed in respect of the FIR.
Supreme Court Designates 47 Former High Court Judges As Senior Advocates
The Supreme Court, in its full court meeting held on October 16, decided to confer senior designations on 47 former judges of the High Courts. Nine among them are former Chief Justices of the High Courts.
Supreme Court Allows Woman To Undergo Surrogacy With Donor Egg, Despite New Amendment Disallowing It
Case Title: Arun Muthuvel V. Union of India
Citation: Writ Petition (Civil) No.756/2022
The Supreme Court on Wednesday (18.10.2023) allowed a woman with Mayer-Rokitansky-Kuster-Hauser (MRKH) Syndrome, a condition that prevents her from producing eggs, to undergo surrogacy using a donor egg. The Apex Court did so, by staying the operation of a recent amendment to the Surrogacy Rules, with respect to the petitioner. The amendment introduced in March 2023, prohibits the use of donor eggs for gestational surrogacy of an intending couple.
Case title: Ashraf v. Union of India
Citation: SLP(C) No. 17025-17084/2023
The Supreme Court on Wednesday (Oct. 18) issued notice on the special leave petitions filed by the passengers seeking compensation for their losses in the tragic Air India Express Flight IX-1344 crash at Karipur International Airport, Kozhikkode in 2020. The Court also tagged it along with the civil appeals pending on the same issue arising out of the 2010 Mangalore air crash.
Case Title: Directorate Of Enforcement v. M/S Obulapuram Mining Company Pvt Ltd
Citation: Crl.A. No. 1269/2017
In a significant development, a three-judge bench of the Supreme Court agreed to hear applications seeking reconsideration of the judgment in the 'Vijay Madanlal Chaudhary' which became controversial for strengthening the powers of the Directorate of Enforcement.
A three-judge bench of Justices SK Kaul, Sanjiv Khanna and Bela M Trivedi on Wednesday (October 18) listed the matter for hearing on November 22
Case title: Thangjam Santa Singh @ Santa Khurai v. State of Manipur
Citation: W.P.(Crl.) No. 498/2023
The Supreme Court on Wednesday (October 18) stayed the arrest of a transgender rights activist by the Manipur police in relation to social media posts made by her with regard to the alleged misappropriation of the transgender persons' welfare fund by the social welfare department and restrained the Manipur police from registering any fresh case based on such posts.
The Supreme Court on Wednesday (18.10.2023), granted bail to Congress Leader Afzal Lakhani who has been accused of making 'Anti-Indian', and 'Pro-Pakistani' Facebook Posts and posting derogatory remarks about Prime Minister Narendra Modi and his late mother Hiraba. The Gujarat High Court had denied him bail in June this year stating that 'people staying in India must be faithful to it'.
Case Title: Ashwini Kumar Upadhyay v. Union Of India And Ors.
Citation: W.P.(C) No. 796/2021 PIL-W
The Supreme Court on Wednesday(October 18) refused to entertain a PIL filed by Advocate Ashwini Upadhyay seeking to declare that Hindus, Buddhists, Jains and Sikhs have similar rights to administer their religious places without State interference like Muslims, Parsis and Christians. The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra remarked that the petition needed to raise more specific prayers to be considered by the court.
The Supreme Court on Thursday issued notice to the Delhi Police in the pleas by NewsClick founder and editor-in-chief Prabir Purkayastha and human resources head Amit Chakraborty challenging their recent arrest.
Case Details: Aam Aadmi Party v. Commissioner of Income Tax (Exemption) & Ors.
Citation: Special Leave Petition (Civil) No. 13038 of 2023
The Supreme Court on Tuesday adjourned until November 7 the hearing of the pleas by Congress leaders Rahul Gandhi, Sonia Gandhi, Priyanka Gandhi Wadra, the Aam Aadmi Party (AAP), and several charitable trusts challenging the decision of income tax authorities to transfer their tax assessments to the central circle. Notably, the court also orally directed the respondent authorities from not passing any assessment order in the meantime, after the petitioners accused them of rushing the assessments.
Case title: Prakasam v. State Through Inspector and Anti-Corruption Wing
Citation: SLP (CRIMINAL) Diary No(s).20390/2023
The Supreme Court recently issued notice to the Union of India on the question of formulating appropriate guidelines for the uniform issuance of these vital documents through digital means. This order was passed in a case where the court was considering the re-evaluation of the sentence of a convict in a corruption case due to his old age.
Case Title: Prabir Purkayastha v State (NCT of Delhi)
Citation: Diary No. 42896-2023
The Supreme Court today while hearing the plea by News Click Chief Editor Prabir Purkayastha petition challenging his arrest by the Delhi Police under the Unlawful Activities Prevention Act (UAPA) adjourned the matter to tomorrow. The plea of Human Resources head Amit Chakraborty was also listed today before the Apex Court. The UAPA case was registered following allegations of the news portal receiving money for pro-China propaganda
Case Title: Orbit Electricals Private Limited v. Deepak Kishan Chhabaria | Conmt. Pet (C) No.1195/2023 In C.A. No.6108/2023
In an unprecedented development, the Supreme Court on Wednesday (October 18) issued notices to two members of the National Company Law Appellate Tribunal (NCLAT) to show cause for not initiating contempt proceedings against them for delivering a judgment in violation of a status quo order passed by the Supreme Court.
Supreme Court Designates Former CJ Of Orissa High Court Justice S Muralidhar As A Senior Advocate
The Supreme Court of India has designated the Former Chief Justice Of Orissa High Court as a Senior Advocate.
The decision was taken by the Chief Justice of India and the Judges of the Supreme Court of India in a full Court Meeting held on October 16, 2023.
Case Details: Nara Chandrababu Naidu v. State of Andhra Pradesh & Anr.
Citation: Special Leave Petition (Criminal) No. 13356 of 2023
The Supreme Court on Tuesday adjourned the hearing of a plea by former Andhra Pradesh Chief Minister Nara Chandrababu Naidu for anticipatory bail in the FiberNet scam in the state, with an assurance to the embattled legislator that he would not be arrested by the state crime investigation department despite a production warrant that has been issued by the department in connection with this case.
Case title: Manish Sisodia v. Central Bureau of Investigation
Citation: Special Leave Petition (Criminal) No. 8167 of 2023
The Supreme Court on Tuesday reserved for order the bail plea of former Delhi Deputy Chief Minister Manish Sisodia who is facing money laundering and corruption charges over alleged irregularities in the framing and implementation of a now-scrapped liquor policy in the national capital. The Aam Aadmi Party (AAP) leader has been in custody since February of this year and is being investigated by both the Central Bureau of Investigation (CBI) and the Directorate of Enforcement (ED).
Case Title: State of Jharkhand v. Lalu Prasad @ Lalu Prasad Yadav
Citation: Special Leave Petition (Criminal) 1550 of 2020
The Supreme Court on Tuesday adjourned until January next year an appeal by the Central Bureau of Investigation (CBI) challenging the bail granted to Rashtriya Janata Dal (RJD) chief and former Bihar chief minister Lalu Prasad Yadav in a fodder scam case.
Case Title: Sunil Prabhu v. The Speaker, Maharashtra State Legislative Assembly
Citation: W.P.(C) No. 685/2023
The Supreme Court today granted a "final opportunity" to the Speaker of the Maharashtra Legislative Assembly for laying down an appropriate schedule for expeditious hearing of the disqualification petitions filed in relation to rift within the Shiv Sena and the Nationalist Congress Party. On the last hearing, the court had criticised the Speaker for laying down a long schedule for the Shiv Sena cases and had asked the Speaker to give an appropriate time-estimate for hearing the petitions.
No Interim Bail For Chandrababu Naidu In Skill Development Scam Case; Supreme Court Reserves Verdict
The Supreme Court on Tuesday reserved its verdict on a plea by former Andhra Pradesh Chief Minister Chandrababu Naidu for quashing of a first information report (FIR) in the skill development scam case. However, despite fervent appeals on behalf of the Telugu Desam Party president, the court declined to grant interim bail
Case Details: Pawan Khera v. State of Uttar Pradesh & Anr.
Citation: Special Leave Petition (Criminal) No. 13143 of 2023
The Supreme Court on Monday sought the Uttar Pradesh government's response to a plea by Congress spokesperson Pawan Khera for quashing criminal proceedings against him over an alleged remark about Prime Minister Narendra Modi.
Case Details: Central Bureau of Investigation v. DK Shivakumar
Citation: Special Leave Petition (Criminal) No. 9097 of 2023
The Supreme Court on Monday issued notice in a 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. But the court refused to ex-parte stay the impugned order despite the central agency's fervent appeals.
In a surprising turn of events at the Supreme Court today, Chief Justice DY Chandrachud took swift action during a court proceeding when he confiscated the mobile phone of a person who was engaged in a phone conversation inside Courtroom 1. Miffed by the lack of decorum exhibited by the lawyer, the CJI asked the lawyer to be careful in the future.
Case Title: Raghav Chadha v. Rajya Sabha Secretariat And Ors.
Citation: W.P.(C) No. 1155/2023
The Supreme Court on Monday (October 16) issued notice on a writ petition filed by Aam Aadmi Party (AAP) leader Raghav Chadha challenging his suspension from the Rajya Sabha on August 11 during the monsoon session.
Thinking Of Making AAP An Accused In Delhi Liquor Scam Case, ED Tells Supreme Court
In a major development in the Delhi liquor policy scam case, Additional Solicitor General of India SV Raju told the Supreme Court that the Directorate of Enforcement is contemplating making the Aam Aadmi Party (AAP) an accused in the money laundering case and invoking Section 70 of the Prevention of Money Laundering Act (PMLA) to probe the aspect of vicarious liability.
The Supreme Court Committee on Accessibility chaired by Justice S. Ravindra Bhat, on Monday released its Audit Report on the physical and functional access of the Supreme Court to persons with disabilities. The Committee that was set up by Chief Justice Chandrachud on 28th November 2022, released its report today (16.10.2023) making several recommendations geared towards removing barriers to access to the Supreme Court.
Case Details: Reshma Prasad v. State of Bihar
Citation: Diary No. 36554 of 2023
The Supreme Court on Monday refused to entertain a petition against the Bihar government including ‘hijra’, ‘kinnar’, ‘kothi’, and ‘transgender’ as an item in the caste list, while conducting its caste-based survey in August, in view of a clarification issued later by the government allowing non-binary persons to disclose their gender identities in a separate column. The court is also hearing a batch of pleas doubting the constitutionality of the caste-based survey
Case Details: Central Bureau of Investigation v. Chanda Kochhar
Citation: Diary No. 13670 of 2023
The Supreme Court on Monday issued notice in a plea by the Central Bureau of Investigation (CBI) challenging the bail granted to former ICICI Bank CEO and MD Chanda Kochhar and her husband, Deepak Kochhar, in the ICICI Bank-Videocon loan fraud case
The Supreme Court on Monday questioned the Central Bureau of Investigation (CBI) and the Directorate of Enforcement (ED) about the delay in the trials that former Delhi Deputy Chief Minister Manish Sisodia is facing in the Delhi excise policy scam case. Sisodia has been slapped with money laundering and corruption charges over alleged irregularities in the framing and implementation of a now-scrapped liquor policy in the national capital. The Aam Aadmi Party (AAP) leader has been in custody since February of this year and is being investigated by both the CBI and the ED, but in neither cases, have the arguments on charges begun before the special courts trying the legislator.
Case Title: Abhishek Yadav and Others v. Army College of Medical Sciences
Citation: W.P.(C) No. 730/2022
The Supreme Court on Monday (October 15) expressed grave concerns regarding the non-payment of stipends to MBBS interns, likening the situation to "bonded labor". A bench comprising of CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra was hearing a plea as per which 70 percentage of medical colleges do not pay any stipend or are not paying the minimum set stipend to doctors who are doing MBBS internships
Case Details: Mathews J. Nedumpara & Ors. v. Union of India & Ors
Citation : 2023 LiveLaw (SC) 897
Many first generation lawyers have made their mark in the profession and have attained prominence and have been conferred with senior designations, observed the Supreme Court while rejecting an argument that the "senior designation" system was benefiting only a special class of lawyers which comprise of the kith and kin of judges, prominent lawyers, politicians and Ministers.
Case Title: Indian Sperm- Bank Association V. Union Of India & Ors
Citation: WPC 1051/2023
The Supreme Court on Monday (16.10.2023), issued notice to the Centre in a Public Interest Litigation (PIL) filed challenging certain provisions of the Assisted Reproductive Technology (Regulations) Act of 2021 and the Rules of the Assisted Technology (Regulations) Rules, 2022.
Under the Act, a gamete bank cannot supply the sperm or oocyte of a single donor to more than one commissioning couple. The PIL contends that provisions of the new Act and Rules will lead to a scarcity of donor semen samples, which will result in escalation in cost for treatment making assisted reproductive techniques unaffordable for common people.
Case Title: Dr. Jaya Thakur V Union of India
A plea has been filed in the Supreme Court seeking immediate of implementation of the Women’s Reservation Bill passed by the Parliament in September 2023, before the Parliamentary General Election in 2024. Last month, the President of India signed into law the women’s reservation bill that had been unanimously passed by both houses of parliament.
Supreme Court Refers Electoral Bonds Case To Constitution Bench
The Supreme Court on Monday (October 16) referred the petitions challenging the anonymous electoral bonds scheme to a Constitution Bench of five judges.
"In view of the importance of issue raised, and with regard to Article 145(4) of the Constitution of India, the matter be placed before a bench of at least five judges," Chief Justice of India DY Chandrachud pronounced this morning when the matter was mentioned. CJI said that the matter will be retained on the board on October 31.
Case Title: MEET MALHOTRA v. UNION OF INDIA
Citation: SLP(C) No. 17415-17416/2023
The Supreme Court on Monday issued notice to the Centre in an appeal against the order of the Delhi High Court that had held that a member of a rifle club or rifle association cannot possess a third firearm other than for the limited period of using it for target practice or participation in a competition.
