Supreme Court Weekly Roundup (29th May 2023 - 4th June 2023)

Judgements/OrdersFact That Co-Accused Has Not Surrendered Cannot Be A Ground To Deny Bail : Supreme Court[Case Title: Sebil Elanjimpally vs The State of Odisha]Citation : 2023 LiveLaw (SC) 474The Supreme Court recently observed that an accused cannot be denied bail on the sole ground that the co-accused has not surrendered. The Court was considering a bail application filed by an accused who was under custody for offences under the Narcotic Drugs and Psychotropic Substances Act, 1985.Supreme Court Sentences NRI Father To 6 Months Imprisonment, Imposes Rs 25 Lakhs Fine Violating Directions To Bring Minor Son To India[Case Title: Meenal Bhargava vs Naveen Sharma & Ors.]Citation : 2023 LiveLaw (SC) 475The Supreme Court has sentenced a non-resident Indian to six months imprisonment and imposed a fine of Rs 25 lakhs for contempt of court, for failing to bring back his minor son to India in terms of the orders passed by the top court from time to time and the undertaking given by him before the court to this effect.Supreme Court Quashes Departmental Proceedings Against Judicial Officer In Odisha[Case Title: Suchismita Mishra v. High Court of Orissa & Ors | WP (C) No. 1042 of 2021]Citation : 2023 LiveLaw (SC) 477The Supreme Court recently quashed a charge sheet filed against a retired judicial officer in Odisha who was facing departmental proceedings for alleged irregularities committed in the process of selection of caretakers. The bench comprising Justice Bela Trivedi and Justice Ajay Rastogi further held that the judicial officer was entitled to all retirement benefits.Judicial Review Can't Be Exercised To Re-appreciate Evidence In Departmental Enquiry Proceedings : Supreme Court[Case Title: The Indian Oil Corporation & Ors. v Ajit Kumar Singh & Anr.]Citation: 2023 LiveLaw (SC) 478The Supreme Court has held that a Constitutional Court, while exercising its power of judicial review, cannot decide the case as if it is the first stage of the case, as if inquiry is still being conducted and inquiry report being prepared. Evidence cannot be reappreciated at the stage of judicial review in a disciplinary proceeding as if conviction in a criminal trial is being re-examined by the next higher court.Supreme Court Stays Allahabad HC Direction To Examine If Woman Who Alleged Rape On Marriage Promise Was 'Mangalik'In a special sitting held on Saturday, the Supreme Court stayed an order passed by the Allahabad High Court which directed the Head of Astrology Department, Lucknow University to determine if an alleged rape victim is a Mangali/Mangalik by examining her Kundali. A vacation bench comprising Justice Sudhanshu Dhulia and Justice Pankaj Mithal passed the order after taking suo motu cognizance of the High Court's order.News UpdatesIIT- JEE Advanced | Supreme Court Dismisses Plea Against Eligibility Criteria Of 75% Marks In Class 12The Supreme Court dismissed a challenge against a rule requiring JEE Advanced candidates to have at least 75 per cent aggregate marks in Class XII (or equivalent) Board examination, which was waived during the COVID-19 pandemic but subsequently revived.Supreme Court Criticises "Trend" Of Seeking Bail In Money Laundering Cases Under Guise Of Challenging PMLA ProvisionsThe Supreme Court criticised the trend of petitioners bypassing other remedies and filing Article 32 petitions before the Apex Court to directly challenge summons or seek bail under the pretence of challenging the provisions of the Prevention of Money Laundering Act (PMLA).State Doesn't Owe Loyalty To Any One Religion; Constitution Doesn’t Allow Preferential Treatment To Religious Majority: Justice BV NagarathnaThe State does not owe loyalty to any one religion and the Constitution requires that the religious majority in the country shouldn’t enjoy any preferential treatment, Supreme Court Judge Justice BV Nagarathna underscored.Supreme Court Provides Protection To 20-Year Old Girl From Her Own Family MembersThe Supreme Court directed the Delhi police to provide protection to a 20-year old girl who expressed apprehension that there was a threat to her life caused by her own family members. In 2022, the girl had been granted a "right to live her life on her own" by Madhya Pradesh High Court after she stated that she did not wish to live with her family. The case before the vacation bench of the Supreme Court comprising Justice Bela Trivedi and Justice Prashant Kumar Mishra was concerning an alleged abduction of the 20-year old girl by the petitioner.Adani-Hindenburg : Did The Supreme Court Panel Ask The Right Questions?The expert committee constituted by the Supreme Court in the Adani-Hindenburg case has made a prima facie finding that there is no regulatory failure on the part of the Securities and Exchange Board of India (SEBI) in relation to the Adani group of companies. However, a reading of the 173-page report leaves an impression that the committee has omitted to ask certain right questions. Courts Can Delete Unnecessary...

Supreme Court Weekly Roundup (29th May 2023 - 4th June 2023)

Padmakshi Sharma

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