Supreme Court Weekly Round-Up (30th Oct-5th Nov)

Suraj Kumar

5 Nov 2023 9:14 AM GMT

  • Supreme Court Weekly Round-Up (30th Oct-5th Nov)

    Nominal Index [Citations: 2023 LiveLaw (SC) 932-953]Indrakunwar v. State of Chattisgarh 2023 LiveLaw (SC) 932Manish Sisodia v. Central Bureau of Investigation 2023 LiveLaw (SC) 934Bhisham Lal Verma V. State of Uttar Pradesh 2023 LiveLaw (SC) 935Pradeep Mehra V. Harijivan J. Jethwa 2023 LiveLaw (SC) 936Manak Chand v. State of Haryana 2023 LiveLaw (SC) 937IFFCO Tokio General Insurance Co. Ltd....

    Nominal Index [Citations: 2023 LiveLaw (SC) 932-953]

    Indrakunwar v. State of Chattisgarh 2023 LiveLaw (SC) 932

    Manish Sisodia v. Central Bureau of Investigation 2023 LiveLaw (SC) 934

    Bhisham Lal Verma V. State of Uttar Pradesh 2023 LiveLaw (SC) 935

    Pradeep Mehra V. Harijivan J. Jethwa 2023 LiveLaw (SC) 936

    Manak Chand v. State of Haryana 2023 LiveLaw (SC) 937

    IFFCO Tokio General Insurance Co. Ltd. V. Geeta Devi 2023 LiveLaw (SC) 938

    Sanjay Agarwal v. State Tax Officer 2023 LiveLaw (SC) 939

    KUM. GEETHA v. NANJUNDASWAMY 2023 LiveLaw (SC) 940

    Birbal Nath v. State of Rajasthan 2023 LiveLaw (SC) 941

    Anjali Bhardwaj & Ors v. Union of India 2023 LiveLaw (SC) 942

    Manish Sisodia v. Central Bureau of Investigation 2023 LiveLaw (SC) 944

    Sudhir Singh v. State of UP 2023 LiveLaw (SC) 944

    Ramadhar Sahu v. State of MP 2023 LiveLaw (SC) 945

    C. ANIL CHANDRAN V. M.K. RAGHAVAN 2023 LiveLaw (SC) 946

    State of Gujarat v. Thakore Bhalabhai Umabhai 2023 LiveLaw (SC) 947

    Anil Kumar v. State of Kerala 2023 LiveLaw (SC) 948

    Commr. Of Cen. Exc. Ahmedabad v M/S Urmin Products P. Ltd.2023 LiveLaw (SC) 949

    Shiv Kumar Sharma v. State of MP 2023 LiveLaw (SC) 950

    Rajeswari v. Union of India 2023 LiveLaw (SC) 951

    Principal Commissioner of Customs V Rajendra Prasad Tak 2023 LiveLaw (SC) 952

    Parshuram v. State of MP 2023 LiveLaw (SC)953


    Section 313 CrPC | 'Right To Remain Silent Not Be Used Against Accused': Supreme Court Summarises 12 Principles


    Citation: 2023 LiveLaw (SC) 932

    Recently, the Supreme Court, in a noteworthy judgment, while acquitting a woman accused of killing her own child and was convicted for murder and sentenced to life imprisonment, also decided the question of what may be required of the convict in her statement under Section 313 Code of Criminal Procedure (Cr. P.C).

    Allegation That Liquor Group Paid Rs 100 Crores To Manish Sisodia Debatable; But Few Distributors Made Profits Of Rs 338 Crores: Supreme Court

    Case Title: Manish Sisodia v. Central Bureau of Investigation

    Citation: 2023 LiveLaw (SC) 934

    In the judgment denying bail to former Delhi Deputy Chief Minister Manish Sisodia in relation to the alleged Delhi liquor policy scam, the Supreme Court observed that the allegation of the Central Bureau of Investigation (CBI) and the Directorate of Enforcement (ED) that kickback of Rs.100 crores were received from the liquor group, and used by the associates of Sisodia and other leaders of AAP is "somewhat a matter of debate.

    If Trial Is Delayed For No Fault Of Accused, Courts Must Consider Grant Of Bail: Supreme Court

    Case Title: Manish Sisodia v. Central Bureau of Investigation

    Citation: 2023 LiveLaw (SC) 934

    Detention or jail before being pronounced guilty of an offense should not become punishment without trial, said the Supreme Court in the judgment refusing bail to former Delhi Deputy Chief Minister Manish Sisodia in the Delhi liquor policy scam case.

    The Court in its judgment has emphasized that the right to speedy trial is a fundamental right within the scope of Article 21 of the Constitution. The Court observed that, if the trial is unnecessarily delayed for no fault of the accused, the court must exercise its power to grant bail. The Court observed that the constitutional mandate is the higher law, and it is the basic right of the person charged with an offence and not convicted, that he be ensured and given a speedy trial.

    Manish Sisodia Bail | Supreme Court Doubts ED's Contention That Mere Generation Of Proceeds of Crime Amounts To Money Laundering

    Case Details: Manish Sisodia v. Central Bureau of Investigation

    Citation: 2023 LiveLaw (SC) 934

    The Supreme Court, even while denying bail to former Delhi Deputy Chief Minister Manish Sisodia in the Delhi excise policy case, refused to accept the Enforcement Directorate's contention that even mere generation of the proceeds of crime could constitute a money laundering offence. The central agency had drawn support from the Y Balaji ruling, in which an argument that such generation would not be sufficient to constitute an offence of money laundering was rejected as 'preposterous'.

    Second Petition Under S.482 CrPC On Grounds Available At The Time Of First Petition Not Maintainable: Supreme Court

    Case Title: Bhisham Lal Verma V. State of Uttar Pradesh

    Citation: 2023 LiveLaw (SC) 935

    The Supreme Court on Monday (30th October) held that a second petition under Section 482 Criminal Procedure Code, 1973 on grounds that were available for challenge even at the time of filing of the first petition would not be maintainable.

    Section 47 CPC | Executing Court Can Consider Only Questions Limited To Execution Of Decree; Can't Go Behind Decree: Supreme Court

    Case Details: Pradeep Mehra V. Harijivan J. Jethwa

    Citation: 2023 LiveLaw (SC) 936

    Lamenting the long delay in the execution of decrees, the Supreme Court observed that under Section 47 of the Code of Civil Procedure, the Executing Court can only go into questions that are limited to the execution of decree and can never go behind the decree.

    As per Section 47, all questions arising between the parties to the suit in which the decree was passed, or their representatives, and relating to the execution, discharge or satisfaction of the decree, shall be determined by the Court executing the decree and not by a separate suit.

    'False Allegation Of Rape Causes Distress & Humiliation To Accused': Supreme Court Acquits Man After 23 Years In Rape Case

    Case title: Manak Chand v. State of Haryana

    Citation: 2023 LiveLaw (SC) 937

    A false allegation of rape can cause equal distress, humiliation, and damage to the accused as well, said the Supreme Court while acquitting a man in a case for the offence of rape (Section 376 of the Indian Penal Code).

    While a conviction in a rape case can be based solely on the testimony of the prosecutrix, the Court said that caution and diligence must be exercised in evaluating her statements.

    Motor Accident Claims | No Right To Recovery For Insurer Merely Because Vehicle Owner Didn't Verify Driver's License: Supreme Court

    Case Title: IFFCO Tokio General Insurance Co. Ltd. V. Geeta Devi

    Citation: 2023 LiveLaw (SC) 938

    The Supreme Court on Monday (30th October) held that an insurance company cannot claim that it is not liable to pay compensation in a motor vehicle accident claim just because the vehicle owner did not verify the genuineness of the driving licence of the driver employed.

    The Court said that the burden is on the insurance company to prove that there was a failure on the part of the vehicle owner in carrying out due diligence with regard to the drivers’ licence of the driver employed.

    IBC Resolution Plan Can't Ignore Government Dues: Supreme Court Dismisses Review Petitions Against 'Rainbow Papers

    Case title: Sanjay Agarwal v. State Tax Officer

    Citation: 2023 LiveLaw (SC) 939

    The Supreme Court on Tuesday (October 31) dismissed a batch of review petitions filed against a 2022 judgment which held that the definition of a secured creditor under the Insolvency and Bankruptcy Code (IBC) 2016 included any government or governmental authority and that a resolution plan which ignored dues to the government was liable to be rejected.

    Observations By Coordinate Bench No Ground To Review A Judgment: Supreme Court Lays Down 8 Principles On Scope Of Review

    Case title: Sanjay Agarwal v. State Tax Officer

    Citation: 2023 LiveLaw (SC) 939

    Observations made by a coordinate bench about a judgment cannot be a ground to review it, said the Supreme Court while dismissing review petitions filed against the 2022 judgment in State Tax Officer v. Rainbow Papers Ltd 2022 LiveLaw (SC) 743.

    In Rainbow Papers, a bench comprising Justices Indira Banerjee (since retired) and AS Bopanna held that a resolution plan under the Insolvency and Bankruptcy Code 2016 cannot be sustained if it ignored statutory dues to the Government.

    Plaint Cannot Be Rejected In Part Under Order VII Rule 11 Of CPC: Supreme Court


    Citation: 2023 LiveLaw (SC) 940

    The Supreme Court on Tuesday (31.10.2023) held that a plaint cannot be rejected in part under Order VII Rule 11 of the Code of Civil Procedure, 1908. The Court also reiterated that when a plaint does not disclose a cause of action, it is liable to be rejected under Order VII Rule 11.

    “In simple terms, the true test is first to read the plaint meaningfully and as a whole, taking it to be true. Upon such reading, if the plaint discloses a cause of action, then the application under Order VII Rule 11 of the CPC must fail. To put it negatively, where it does not disclose a cause of action, the plaint shall be rejected” a bench of Justice PS Narasimha and Justice Sudhanshu Dhulia observed.

    Witness Not Discredited By Mere Contradiction Between Testimony And Statement Given To Police: Supreme Court

    Case title: Birbal Nath v. State of Rajasthan

    Citation: 2023 LiveLaw (SC) 941

    The Supreme Court recently observed that a witness will not stand totally discredited merely because the testimony given during the trial contradicted the earlier statement given to the police.

    "No doubt statements given before police during investigation under Section 161 are “previous statements” under Section 145 of the Evidence Act and therefore can be used to cross examine a witness. But this is only for a limited purpose, to “contradict” such a witness. Even if the defense is successful in contradicting a witness, it would not always mean that the contradiction in her two statements would result in totally discrediting this witness The contractions in the two statements may or may not be sufficient to discredit a witness. Section 145 read with Section 155 of the Evidence Act, have to be carefully applied in a given case", the Court stated.

    RTI Act Will Become ‘Dead Letter’: Supreme Court Directs States, Union To Fill Vacancies In Information Commissions

    Case Title: Anjali Bhardwaj & Ors v. Union of India

    Citation: 2023 LiveLaw (SC) 942

    The Supreme Court today (October 30) expressed its dissatisfaction with the failure of States and the Union to fill up the vacancies of Information Commissions across the country. The court directed the Department of Personnel and Training (DoPT) to prepare a chart on the number of vacancies and number of appeals/complaints in all the commissions. Further, it directed the Centre and the States to take requisite steps forthwith to fill up the vacancies.

    Supreme Court Denies Bail To Former Delhi Dy CM Manish Sisodia In Delhi Excise Policy Scam Case; Directs To Fast Track Trial

    Case Details: Manish Sisodia v. Central Bureau of Investigation

    Citation: 2023 LiveLaw (SC) 944

    The Supreme Court on Monday (October 30) refused to grant bail to 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.

    "Legal questions have been answered in a limited way. In the analysis, there are certain aspects, which we said are doubtful. But one aspect, with regard to transfer of money, Rs 338 crores, is tentatively established. We have therefore dismissed the application for bail," Justice Khanna said today, while pronouncing the order. He continued, "We are dismissing the application for bail, but we have made one pointed observation which is that they have assured that the trial will be concluded within six to eight months. So within three months, if the trial proceeds sloppily or slowly, he'll be entitled to file an application for bail."

    Serving Personnel Can't Be Deemed To Ex-Servicemen From Future Date': Supreme Court Rejects Army Veterans Plea For Govt Job

    Case Title: Sudhir Singh v. State of UP

    Citation: 2023 LiveLaw (SC) 944

    Serving Armed Forces officers can't be deemed to be Ex-Servicemen from a prospective date, said the Supreme Court while rejecting the claim of three appellants for appointments as Village Development Officers in the Uttar Pradesh State Service.

    Grant Of Bail Can't Be Made Dependent On Surrender Of Co-Accused: Supreme Court

    Case Title: Munshi Sah v. State of Bihar

    Citation: 2023 LiveLaw (SC) 944

    A Division Bench of the Supreme Court, while allowing a bail plea, held that the grant of bail to a co-accused person cannot be contingent on the surrender of another accused who is also pertinently the main accused in the case.

    “In our opinion, the question of grant of bail to a co-accused person cannot made dependent upon surrender of another accused who is described as the main accused person in this case.,” the Court held.

    Section 362 CrPC Bar Not Applicable To Bail Orders: Supreme Court

    Case Title: Ramadhar Sahu v. State of MP

    Citation: 2023 LiveLaw (SC) 945

    A Division Bench of the Supreme Court recently, while setting aside the judgment of the Madhya Pradesh High Court, held that Section 362 of the Code of Criminal Procedure, 1973, which prohibits modification of a judgment or final order, will not be applicable in an order for refusal of bail.

    The rationale given by the Court was that such an order has the characteristics of an interlocutory order. Thus, any variation of the circumstances under which the bail was rejected will entitle the accused to file a fresh application for bail, and the prohibition under Section 362 will not be applicable.

    Service Law | Supreme Court Upholds Ante Dating Of Seniority List; Says No Prejudice Caused As Separate Quotas Prescribed For Degree & Diploma Holders


    Citation: 2023 LiveLaw (SC) 946

    The Supreme Court on Monday (30.10.2023), dismissed an appeal filed challenging the antedating of a seniority list for being legally unsustainable.

    Discrimination In Allowing Late Submission Of Caste Certificates: Supreme Court Directs Gujarat Govt To Appoint 2 Candidates 16 Years After They Applied

    Case Title: State of Gujarat v. Thakore Bhalabhai Umabhai

    Citation: 2023 LiveLaw (SC) 947

    The Supreme Court recently pulled up the State of Gujarat for selectively allowing certain candidates to submit their caste certificates beyond the cut-off date in an appointment process.

    Murder Trial | Exception 4 To Section 300 IPC Not Applicable If Accused Took "Undue Advantage" Of Situation: Supreme Court

    Case title: Anil Kumar v. State of Kerala

    Citation: 2023 LiveLaw (SC) 948

    An offender who takes undue advantage of a situation is not entitled to the application of Exception 4 to Section 300 of the Indian Penal Code, held by the Supreme Court while sustaining the conviction of a husband for the murder of his wife.

    Supreme Court Affirms Penalty On 'Zarda' Manufacturers For Misclassifying Product As 'Chewing Tobacco' For Central Excise Duty

    Case Title: Commr. Of Cen. Exc. Ahmedabad v M/S Urmin Products P. Ltd. And Others

    Citation: 2023 LiveLaw (SC) 949

    The Supreme Court while adjudicating a matter wherein the Assesssee deliberately misclassified the ‘Zarda’ produced by it as ‘Chewing Tobacco’ for evading payment of a high duty as applicable to ‘Zarda’, has affirmed the imposition of penalty and demand for payment of differential duty raised by the Central Excise Department from the Assessee.

    Accused Can't Be Given Opportunity To Explain Before Filing Final Report: Supreme Court Sets Aside 'Strange' HC Order

    Case Title: Shiv Kumar Sharma v. State of MP

    Citation: 2023 LiveLaw (SC) 950

    The Supreme Court recently expressed surprise at a direction passed by a High Court that the police will give opportunity to an accused to explain the materials collected against him before the filing of chargesheet

    It observed “Strangely, the High Court has observed that the Investigating Officer will give opportunity to the appellant to explain the material collected against him during the investigation before submission of the final report under Section 173 of CrPC. To say the least, such an approach is very strange and contrary to law."

    Deactivated Mobile Number Not Assigned To New User For 90 Days, TRAI Tells Supreme Court; WhatsApp Data Removed When Account Inactive For 45 Days

    Case Title: Rajeswari v. Union of India

    Citation: 2023 LiveLaw (SC) 951

    The Telecom Regulatory Authority of India (TRAI) has told the Supreme Court that once a cellular mobile telephone number is deactivated for non-usage or disconnected on the request of the subscriber, it is not allocated to a new subscriber for at least a period of 90 days.

    IBC | Tax & Customs Dues To Be Paid As Per Waterfall Mechanism Under Section 53: Supreme Court

    Case Title: Principal Commissioner of Customs V Rajendra Prasad Tak & Ors.

    Citation: 2023 LiveLaw (SC) 952

    The Supreme Court Bench comprising Justice Sanjiv Khanna and Justice S.V.N. Bhatti has clarified that the dues of the Central Board of Indirect Taxes & Customs, Department of Revenue, will be paid as per the waterfall mechanism given under Section 53 of the Insolvency and Bankruptcy Code, 2016 (“IBC”).

    'No Error In Judgment That Ayurved Doctors Aren't Entitled To Equal Pay As Allopathy Doctors': Supreme Court Dismisses Review Petitions

    Case title: Medical Officers Association (Ayurveda) State Of Gujarat v. Union Of India

    Citation: 2023 LiveLaw (SC) 952

    The Supreme Court has dismissed the review petitions filed against its judgment which held that that Ayurved doctors are not entitled to equal pay as Allopathy doctors.

    “We have perused the Judgment and Order dated 26th April 2023 which has been sought to be reviewed. There is no error apparent on the record. Even otherwise, there is no ground for review," the bench observed

    For Conviction Under Section 149 IPC, No Overt Act Needed; Membership Of Unlawful Assembly Enough: Supreme Court

    Case title: Parshuram v. State of MP

    Citation: 2023 LiveLaw (SC)953

    The Supreme Court recently held that for Section 149 of the Indian Penal Code, it is not necessary to demonstrate that a person committed an illegal overt act or was guilty of an illegal omission to be held a member of an unlawful assembly. The punishment prescribed by Section 149 is, in a sense, vicarious, and does not mandate that every member of the unlawful assembly has personally committed the offense.

    News Updates

    Electoral Bonds Violate Citizens' Right To Information, Promote Corruption: Prashant Bhushan To Supreme Court

    Arguing before the Constitution bench comprising Chief Justice of India DY Chandrachud, Justices Sanjiv Khanna, BR Gavai, JB Pardiwala, and Manoj Misra in the batch of petitions challenging the Electoral Bond Scheme, Advocate Prashant Bhushan submitted that 99% of Electoral Bonds went to the ruling parties in the Centre and in the States while the opposition parties were left with less than 1% of bonds.

    He added that total donations declared by BJP by means of Electoral Bonds was more than three times the total donations of Electoral Bonds declared by all other national parties put together

    Citizens Don't Have Right To Know Source Of Political Parties' Funds: Attorney General Tells Supreme Court In Electoral Bonds Case

    Attorney General for India, R Venkataramani, in a statement filed before the Supreme Court in the electoral bonds case, has submitted that the citizens do not have the right to information under Article 19(1)(a) of the Constitution regarding the funding of a political party.

    NCLAT Judicial Member Facing Supreme Court's Contempt Notice Resigns; SC Slams Tribunal For Defying Its Direction

    Case Title: Orbit Electricals Private Limited v. Deepak Kishan Chhabaria

    Citation: Conmt. Pet (C) No.1195/2023 In C.A. No.6108/2023

    A judicial member of the National Company Law Appellate Tribunal (NCLAT), Mr.Rakesh Kumar, tendered his resignation in the wake of the Supreme Court issuing a contempt notice against him over passing a judgment defying an interim order of the Apex Court

    Decide Disqualification Petitions Over Shiv Sena Rift By Dec 31; NCP Case By Jan 31 : Supreme Court Directs Maharashtra Speaker

    Case Title: Sunil Prabhu v. The Speaker, Maharashtra State Legislative Assembly

    Citation : 2023 LiveLaw (SC) 943

    The Supreme Court on Monday (October 30) directed the Maharashtra Legislative Assembly Speaker to decide the disqualification petitions filed in relation to Shiv Sena rift and the Nationalist Congress Party rift by December 31, 2023 and January 31, 2024 respectively.

    Supreme Court Adjourns Senthil Balaji's Plea For Bail On Medical Grounds Till Next Week

    Case Details: V Senthil Balaji v. The Deputy Director Directorate of Enforcement

    Citation: Special Leave Petition (Criminal) No. 13929 of 2023

    The Supreme Court on Monday (October 30) adjourned the hearing of Tamil Nadu minister and DMK leader Senthil Balaji's plea seeking bail on medical grounds until next week. Balaji was arrested by the Enforcement Directorate in June this year in connection with a cash-for-job money laundering case.

    Supreme Court Expresses Concerns At Indefinite Suspension Of AAP MP Raghav Chadha From Rajya Sabha

    Case Title: Raghav Chadha v. Rajya Sabha Secretariat And Ors.

    Citation: W.P.(C) No. 1155/2023

    While hearing the 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, the Supreme Court expressed grave concern over the indefinite suspension of a Member of Parliament and its impact on the right of the people to be represented.

    Muzaffarnagar School Slapping | 'Child Is So Traumatised; You Expect Him To Come To Counselling Centre': Supreme Court To UP Education Dept

    Case Details: Tushar Gandhi v. State of Uttar Pradesh

    Citation: Writ Petition (Criminal) No. 406 of 2023

    The Supreme Court on Monday (October 30) mulled over the idea of appointing an expert agency working in the field of child welfare to visit the victim of the Muzaffarnagar student slapping case and provide counseling to him in his home, after being informed that he was badly traumatized from the incident.

    The court also expressed dissatisfaction over the state government insisting that the child visit a counselling centre to receive counselling in accordance with a previous order. "The child is so traumatized. You expect him to come to the counselling centre?" the education department was asked during today's hearing.

    Krishna Janmabhoomi-Shahi Eidgah Dispute: Allahabad High Court Submits Report To Supreme Court On Pending Suits

    Case Details: Committee of Management Trust Shahi Masjid Idgah v. Bhagwan Shrikrishna Virajman & Ors.

    Citation: Special Leave Petition (Civil) No. 14275 of 2023

    The Supreme Court on Monday (October 30) revealed that the Allahabad High Court's registry has furnished relevant information and documents relating to the suits over the Krishna Janmabhoomi-Shahi Eidgah Mosque dispute pending before the high court.

    LG's Order Terminating Services Of Consultants Can Be Challenged In Delhi HC : Supreme Court Clarifies Order Refusing To Stay Services Ordinance

    Case Title: Government Of National Capital Territory Of Delhi v. Union Of India And Ors.

    Citation: W.P.(C) No. 678/2023

    The Supreme Court on Monday (October 30) clarified that it had not dealt with the legality of the Delhi Lieutenant Governor's order as per which appointments of more than 400 private persons as advisers, fellows, and consultants by the Aam Aadmi Party (AAP) government were terminated and the issue could be decided by the Delhi High Court.

    "Governor Acting As A Political Rival": Tamil Nadu Government Moves Supreme Court Against Governor RN Ravi's Inaction In Assenting Bills

    The Tamil Nadu Government has moved Supreme Court alleging that the Governor of the State of Tamil Nadu Dr RN Ravi has positioned himself as a "political rival" to the State Government and is obstructing the State Legislative Assembly's ability to carry out its duties by excessively delaying the consideration of bills that the Assembly has passed.

    Asserting that the Governor’s inactions have caused a "constitutional deadlock between the Constitutional Head of the State and the Elected Government of the State", the State has sought for a specified timeline by which the Governor shall dispose of all pending Bills, files, and Government orders forwarded by the Tamil Nadu Legislative Assembly.

    Atrocious': Supreme Court Shocked By Plea Challenging Articles 20 & 22; Pulls Up Lawyers

    The Supreme Court on Tuesday (October 31) expressed shock at a writ petition filed challenging the constitutionality of Articles 20 and 22 of the Constitution and pulled by the lawyers for filing such a petition.

    The Court asked the drafting counsel, Advocate-on-Record, and the arguing counsel involved in the case to file affidavits explaining the circumstances under which such a petition was filed.

    Stubble Burning One Reason For Delhi Air Pollution, Says CAQM; Supreme Court Seeks Affidavits From Punjab, Haryana, UP, Rajasthan

    The Supreme Court on Tuesday (October 31) asked the Governments of Punjab, Haryana, Uttar Pradesh, Rajasthan and Delhi to file affidavits setting forth the steps they have taken to control air pollution including the measures to curb crop burning.

    Advocates-on-Record Are Not Mere Signing Authorities': Supreme Court Lambasts AoRs Filing Frivolous Petitions; Seeks Reform Measures

    Advocates-on-record cannot be reduced to mere signing authorities, the Supreme Court observed on Tuesday (October 31), while lambasting the practice of signing off on petitions without examining their content. The Court has called for suggestions from the bar for framing a "comprehensive policy" to curb the practice of AoRs merely acting as signing authorities and filing frivolous petitions.

    Is Profane Language 'Obscene' & 'Sexually Explicit' As Per Sec.67/67A IT Act? Supreme Court Reserves Judgment In 'College Romance' Case

    The Supreme Court on Tuesday (31.10.2023), reserved for judgment the appeal filed by the makers of the TVF web series ‘College Romance’, who had challenged the Delhi High Court order that upheld registration of FIRs against them under Section 67 and 67A of Information Technology Act,2000 for showcasing vulgar and obscene content.

    Supreme Court Adjourns Hearing In SNC Lavalin Case

    Case Title: Kasthuri Ranga v. State Rep. By Addl. Superintendent Of Police CBI And Ors. Citation: SLP(Crl) No. 7801/2017

    The Supreme Court on Tuesday (31.10.2023) adjourned the appeals filed by the Central Bureau of Investigation (CBI) challenging the discharge of Kerala Chief Minister Pinarayi Vijayan and other accused in the SNC Lavalin Case.

    'Can A Govt Sue Through Ministers?': Supreme Court On Delhi Govt's Plea Against LG's Appointment As SWM Committee Head

    Case Details: Government of NCT of Delhi v. Office of the Lieutenant Governor of Delhi & Anr. | Civil Appeal No. 5388 of 2023

    The Supreme Court on Tuesday (October 31) questioned whether a government could sue or be sued through a minister, while hearing Delhi government’s plea against the appointment of Lieutenant-Governor VK Saxena as the head of a solid waste management panel.

    Supreme Court To Hear Umar Khalid's Bail Plea Along With His Petition Challenging UAPA Provisions On Nov 22

    Case Details: Umar Khalid v. Union of India & Anr.

    Citation: Writ Petition (Criminal) No. 513 of 2023

    The Supreme Court on Tuesday (October 31) decided to hear former JNU scholar and activist Umar Khalid's plea challenging various provisions of the Unlawful Activities (Prevention) Act, 1967, along with his pending bail application in the Delhi riots larger conspiracy case, on November 22.

    No Way To Prohibit Trading Of Electoral Bonds Since They Can Be Transferred, Says Supreme Court

    While hearing the batch of petitions challenging the anonymous electoral bonds scheme, the Supreme Court today commented on the lack of control over transactions involving Electoral Bonds owing to the transferability of the bonds.

    NBDSA Directs TimesNow Navbharat To Take Down Episode Calling Haldwani Protesters 'Jihadi Gang' And Part Of 'Zameen Jihad

    The News Broadcasting & Digital Standards Authority (NBDSA) on Thursday (2nd November) criticized Times Now Navbharat for calling the Haldwani protesters “Jihadi Gang” and a part of “Zameen Jihad”.

    The NBDSA said that by using such terms the channel “reiterated stereotypes that are historically used to target, attack & ridicule communities based on their religion”.

    Justice Anand Venkatesh Writes: Dire Need Of “A Tall Figure“ to Guide The Judiciary

    He stated “There is no attempt to inform the present generation of lawyers of what distinguished some of our great forebears in the Law that set them apart from the pedestrian tribe. Mere information will never bring about a change since they are nothing but barren words, and the best way to inspire is to live such a life and become a torchbearer for the next generation. Fortunately for my generation and the previous generations, such men of stature were seen in action, flesh, and blood, of course, far and few.

    But at least they were there to emulate them. Probably, we failed to live a life like that and thereby deprived the next generation to experience such men of stature.”

    Supreme Court Asks Accused To Share Live Mobile Location With Police While Another Bench Is Examining Validity Of Such Bail Condition

    Case Title: Puranmal Jat v. State of Rajasthan

    Citation: SLP(Crl.)No(s).10670/2023)

    The Supreme Court on Thursday (2nd November) enlarged a man facing charges under the Narcotic Drugs and Psychotropic Substances Act, 1985, on bail on the condition that he share his location through his mobile phone by pairing it with the mobile phone of the investigating officer round the clock.

    Notably, this order was passed, while a coordinate bench of the Apex Court is yet to adjudicate upon whether prescribing a bail condition of sharing one’s live location with the investigating officer violates the right to privacy.

    Unlike Elected Government, Judges Don’t Go By Popular Morality, But By Constitutional Morality: CJI DY Chandrachud

    Chief Justice of India DY Chandrachud, speaking at the Hindustan Times Leadership Summit 2023 on Saturday (4th November) said that judges don’t go by popular morality, but by constitutional morality. Constitutional morality, he explained, consists of those values of the constitution that the courts are intended to espouse such as fraternity, human dignity, personal liberty and equality.

    Centre Nominates Justice S Muralidhar & 8 Others As Members Of NALSA

    The Central Government, in consultation with the Chief Justice of India, has nominated former Dr.Justice S Muralidhar, former Orissa High Court Chief Justice, as a Member to the National Legal Services Authority

    Liberty Is Dead In India, Anybody Can Be Arrested Anytime & Courts Won't Grant Bail; PMLA Is An Instrument Of Oppression: Kapil Sibal

    In an interview with veteran journalist Nidhi Razdan, Senior Advocate and Rajya Sabha MP Kapil Sibal recently said the Prevention of Money Laundering Act (PMLA) is being used as an instrument of oppression by the government. “The PMLA is an instrument of oppression. It's as simple as that. It's an instrument by which you terrorize people,” he said.

    Army's Approach To Promotion Of Women Officers Arbitrary, Contrary To Judgment: Supreme Court

    The Supreme Court on Friday (November 3) criticized the Indian Army for its "arbitrary" attitude towards the promotion of women officers who have been granted permanent commission as per the earlier judgments of the Court.

    The Court observed that the norms adopted by the Army have done a "disservice to the need to provide justice to women officers who had fought a long and hard battle to receive just entitlements as their male counterparts.

    Supreme Court Says Enhancing EVM-VVPAT Tally Would Increase Election Commission's Work Without Any Big Advantage

    Case Details: Association of Democratic Reforms v. Election Commission of India

    Citation: Writ Petition (Civil) No. 434 of 2023

    Ahead of the 2024 general elections, the Supreme Court on Friday (November 3) orally observed that enhancing the scale of electronic voting machine (EVM) data cross-checking against voter-verifiable paper audit trail (VVPAT) records would increase the election commission's work without any 'big advantage'.

    Kuki Revolutionary Army Chief, UKLF Leader Move Supreme Court Seeking Transfer Of Trial From Manipur To Assam

    Case title: David Hangshing v. NIA

    Citation: T.P.(Crl.) No. 000671 - / 2023

    The Supreme Court today(3rd November) stayed the trial in a missing arms case against Kuki Revolutionary Army Chief David Hangshing and United Kuki Liberation Front (UKLF) leader Lhunkhoson Haokip while issuing notice on their plea to transfer the case from Manipur to Assam.

    Stop Using 'My Lord' & 'Your Lordship', Use 'Sir' Instead: Justice PS Narasimha To Lawyer

    Justice PS Narasimha, judge of the Supreme Court, recently expressed displeasure at being repeatedly addressed as "Your Lordship" and "My Lord".

    “How many times you will say 'My Lords'? If you stop saying this, then I will give you half of my salary,” Justice PS Narasimha told a lawyer during a hearing, reported the PTI. “Why don't you use 'Sir' instead?,” the judge asked the lawyer.

    'Cases Go Haywire Because Lawyers Go On Strike': Supreme Court Issues Notice To Rajasthan HC Jaipur Bar Association

    Case Title: M/S Rajasthan Medical Service Corporation Nilofar Khan v. M/S Shivek Labs Limited

    Citation: SLP(C) No. 22407/2023

    In yet another instance of the judiciary expressing exasperation with lawyers strikes, the Supreme Court on Friday (November 3) issued notice to the Rajasthan High Court Bar Association at Jaipur Bench. Previously, on September 27, the Court had deprecated the Association’s conduct and the Rajasthan Bar Association, Jaipur Bench as well as the Bar Council of India.

    Supreme Court Grants Two Journalists Interim Protection From Gujarat Police Arrest Over Article Against Adani Group On Hindenburg Row

    Case title: Ravi Nair v. State of Gujarat| Anand Mangnale v. State of Gujarat

    Citation: Writ Petition (Criminal) No. 527 of 2023|Writ Petition (Criminal) No. 532 of 2023

    The Supreme Court on Friday (November 3) granted journalists Ravi Nair and Anand Mangnale interim protection from being arrested by the Gujarat police over an article they wrote about the Adani-Hindenburg row.

    Difficult For Court To Order Immediate Implementation Of Women's Reservation, Says Supreme Court

    Case Details: Jaya Thakur v. Union of India & Anr

    Citation: Writ Petition (Civil) No. 1181 of 2023

    The Supreme Court on Friday (November 3) expressed its reservations about directing the union government to immediately implement before the 2024 general elections, the Constitution (One Hundred and Sixth Amendment) Act, 2023, which proposes to introduce women’s reservation in the Lok Sabha, the upper houses of the state legislatures, and the Delhi legislative assembly.

    Although the constitutional amendment was signed into law by President Droupadi Murmu in September, the act will not be implemented until a delimitation exercise is conducted following the next census.

    AAP MP Raghav Chadha Agrees to Apologize To Rajya Sabha Chairperson, Supreme Court Urges 'Sympathetic View' On Suspension

    Case Title: Raghav Chadha v. Rajya Sabha Secretariat

    Citation: W.P.(C) No. 1155/2023

    Contemplating a 'way forward' in the matter concerning the suspension of Aam Aadmi Party (AAP) MP Raghav Chadha, the Supreme Court today recorded the statement of Chadha agreeing to tender an unconditional apology to the Chairperson of Rajya Sabha and urged the Chairperson to take a 'sympathetic view' for the same.

    Gyanvapi Dispute | Supreme Court Dismisses Mosque Committee's Challenge To Allahabad HC CJ Transferring Case To Himself From Another Bench

    Case Title: Anjuman Intezamia Masazid Varanasi v. The 1st Additional District Judge

    Citation: SLP(C) No. 23850-23851/2023

    The Supreme Court on Friday (November 3) refused to interfere with the order passed by Allahabad High Court Chief Justice Pritinker Diwaker transferring the cases concerning the Kashi Vishwanath-Gyanvapi Mosque dispute to his bench from the bench of another judge.

    'Don't Want This To Be A 'Tareekh Pe Tareekh' Court': CJI DY Chandrachud Urges Lawyers To Not Seek Unnecessary Adjournments

    "I don't want this court to be a 'tareekh-pe-tareekh' court," said Chief Justice of India DY Chandrachud today (November 3, 2023) highlighting the 'irony' of lawyers seeking adjournment of the very same matters which were urgently listed on their request.

    CJI requested the members of the bar to not seek adjournments of matters unless "very very necessary".

    Electoral Bonds Put A Premium On Opacity, Have Serious Deficiencies; Do It In A Proportional Manner: Supreme Court Tells Union

    On the final day of arguments in the case about the Electoral Bonds Scheme case, the Supreme Court asked the Union Government if it was planning to amend the Companies Act to reintroduce a profit percentage-based limit on donations by Companies. The court also remarked that while it was not asking the government to go back to a cash-based system, it was asking the scheme to be made in a proportional, tailor-made manner which took care of the serious deficiencies arising out of the current scheme.

    Supreme Court Collegium Recommends Appointment Of New Chief Justices In 3 High Courts

    The Supreme Court collegium has recommended names to the Union Government for the appointment as Chief Justices of three High Courts. They are : Justice Ritu Bahri as the Chief Justice of the Uttarakhand High Court, Justice Chakradhari Saran Singh as the Chief Justice of the Orissa High Court and, Justice S Vaidyanathan as the Chief Justice of the Meghalaya High Court.'

    42 Candidates Clear Supreme Court's Law Clerk-cum-Research Associates Exam 2023

    42 candidates qualified for the Interview and are offered engagement as Law Clerk-cum-Research Associates. 28 candidates have been placed on the waitlist.

    Plea In Supreme Court Seeks Approval For Liver Donation By Man To His 3-Year-Old Cousin Who Is Overseas Citizen Of India

    Case title: Rajveer Singh v. Union of India

    Citation: Diary No.- 45541 - 2023

    A petition has been filed in the Supreme Court seeking permission to allow liver donation by a person to his cousin, a 3-year-old child who is suffering from a chronic liver disease.

    The authorisation committee under the the Transplantation of Human Organs and Tissues Act, 1994 denied approval for the liver donation citing the bar provided in Section 9.

    Voters' Right To Know v. Donors' Confidentiality: Supreme Court Reserves Judgment In Electoral Bonds Case

    During the hearing, the bench raised several pertinent queries to the Central Government about the scheme, flagging its "selective anonymity" and also asked whether it is legalising kickbacks for parties.

    The bench observed that it was possible for the ruling party to know the identity of the donors, whereas the opposition parties cannot get such information. The bench also raised questions about the removal of the condition that companies can only donate a maximum of 7.5% of their net profits to political parties.

    Supreme Court Confirms Order Granting Teesta Setalvad and Husband Interim Anticipatory Bail in Donations Embezzlement Case

    Case Title: Teesta Atul Setalvad v. State of Gujarat

    Citation: Criminal Appeal No. 338 of 2015

    The Supreme Court on Wednesday (November 1) granted anticipatory bail to social activists Teesta Setalvad and her husband Javed Anand who are facing charges of embezzlement of funds raised to help and commemorate victims of the 2002 Gujarat riots, confirming an earlier order granting the duo interim protection from coercive action

    Electoral Bonds Scheme Discriminatory For Excluding Parties With Small Votes Shares? Supreme Court Refuses To Consider In Ongoing Case

    The Supreme Court on Wednesday (November 1) refused to entertain an intervention application filed by 'Dalit Panthers' party challenging the Electoral Bonds scheme as discriminatory for not allowing parties with small votes share to accept the bonds.

    Review Petition Filed Against Supreme Court's Marriage Equality Judgement

    In a recent development, review petitions have been filed against the Constitution Bench judgement of the Supreme Court which had, on 17.10.2023, refused to grant legal recognition for queer marriages in India saying that it was a matter for the legislature to decide.

    Bhima Koregaon Case | Will See If Jyoti Jagtap's Bail Plea Will Fit In Formula Of 'Vernon' Judgment, Says Supreme Court

    Case Details: Jyoti Jagtap v. National Investigation Agency & Anr.

    Citation: Special Leave Petition (Criminal) No. 5997 of 2023

    The Supreme Court on Wednesday (November 1) adjourned until November 30 the hearing of activist and Bhima Koregaon-accused Jyoti Jagtap's bail application.

    A bench of Justices Aniruddha Bose and Sanjay Karol was hearing Jagtap’s petition challenging the Bombay High Court’s decision to reject her bail application.

    Is Electoral Bonds Scheme Legalising Kickbacks? Are Means Proportional? Supreme Court Asks Union Govt

    On the second day of the hearing in the Electoral Bonds case, the Supreme Court questioned if the scheme was legalising 'kickbacks' made to political parties. The Constitution Bench comprising Chief Justice of India DY Chandrachud, Justices Sanjiv Khanna, BR Gavai, JB Pardiwala, and Manoj Misra also discussed if the bonds were actually confidential or merely "selectively anonymous"

    Stray Dog Issue | Supreme Court Lists Matter For Final Hearing On 10th January

    Case Title: Animal Welfare Board of India v. People For Elimination of Stray Troubles

    Citation: C.A. No. 5988/2019

    The Supreme Court on Wednesday (01.11.2023) listed the matter relating to the curbing of stray dog attacks in the country on 10th January for a final hearing.

    A bench of Justice J K Maheshwari and Justice K V Viswanathan have been considering a batch of matters including the plea filed by the Kerala State Commission for Protection of Child Rights (KeSCPCR) citing increase in stray dog attacks in Kerala, especially against children, seeking directions to curb the menace.

    Governor Defeating Rights Of People: Kerala Government Moves Supreme Court Against Governor's Inaction In Assenting Bills

    The Government of Kerala has approached the Supreme Court stating that the Governor of Kerala, Arif Mohammed Khan, is delaying the consideration of bills that the State Assembly has passed. The State Government has contended that the Governor has failed in his constitutional duties by causing an unreasonable delay in considering over 8 pending bills.

    'Not Protecting Queer Couples Despite Acknowledging Discrimination Is Abdication': Review Petition Against Supreme Court Verdict

    A review petition has been filed in the Supreme Court against its judgment in Supriyo v. Union of India which refused to legalise same-sex marriages.

    The review petition, filed by four petitioners (Udit Sood, Saatvic, Lakshmi Manoharan and Gagandeep Paul), faults the judgment for not affording any legal protection to queer couples despite acknowledging the discrimination faced by them

    Can Trans Woman Invoke the Domestic Violence Act? Supreme Court To Consider

    Case Title: Vithal Manik Khatri v. Sagar Sanjay Kamble

    Citation: Special Leave Petition (Criminal) Diary No(s). 34425/2023

    The Supreme Court is set to examine whether a transgender woman who has undergone sex re-assignment surgery can be an “aggrieved person” under the Domestic Violence Act, 2005 and has the right to seek interim maintenance in a domestic violence case. The matter has been listed for hearing in 2025.

    Supreme Court Asks Election Commission To Submit Data Of Electoral Bonds Funding Received By Political Parties Till Sep 30

    The Supreme Court on Thursday (November 2) directed Election Commission of India to get the details of the funds received by all the political parties through Electoral Bonds till September 30 and submit the data to the Court. The data has to be submitted to the Registry of the Court in a sealed cover.

    Supreme Court Asks NLU Jodhpur To File Progress Report On Regularisation of Staff

    Case Title: The National Law University Jodhpur v. Prashant Mehta

    Citation: Special Leave to Appeal (C) No(s). 13762- 13764/2019

    Recently, the Supreme Court (On October 31) asked the National Law University, Jodhpur, to submit a progress report regarding the regularisation of its faculty within two months. This matter is related to the University mainly employing teachers on contract basis. The Court had earlier expressed concerns about the University having only contractual staff.

    Next Story