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. V. Geeta Devi 2023 LiveLaw (SC) 938Sanjay Agarwal v. State Tax Officer 2023 LiveLaw (SC) 939KUM. GEETHA v. NANJUNDASWAMY 2023 LiveLaw (SC) 940Birbal Nath v. State of Rajasthan 2023 LiveLaw (SC) 941Anjali Bhardwaj & Ors v. Union of India 2023 LiveLaw (SC) 942Manish Sisodia v. Central Bureau of Investigation 2023 LiveLaw (SC) 944Sudhir Singh v. State of UP 2023 LiveLaw (SC) 944Ramadhar Sahu v. State of MP 2023 LiveLaw (SC) 945C. ANIL CHANDRAN V. M.K. RAGHAVAN 2023 LiveLaw (SC) 946State of Gujarat v. Thakore Bhalabhai Umabhai 2023 LiveLaw (SC) 947Anil Kumar v. State of Kerala 2023 LiveLaw (SC) 948Commr. Of Cen. Exc. Ahmedabad v M/S Urmin Products P. Ltd.2023 LiveLaw (SC) 949Shiv Kumar Sharma v. State of MP 2023 LiveLaw (SC) 950Rajeswari v. Union of India 2023 LiveLaw (SC) 951Principal Commissioner of Customs V Rajendra Prasad Tak 2023 LiveLaw (SC) 952Parshuram v. State of MP 2023 LiveLaw (SC)953Judgments/OrdersSection 313 CrPC | 'Right To Remain Silent Not Be Used Against Accused': Supreme Court Summarises 12 PrinciplesCase Details: INDRAKUNWAR V. THE STATE OF CHHATTISGARHCitation: 2023 LiveLaw (SC) 932Recently, 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 CourtCase Title: Manish Sisodia v. Central Bureau of InvestigationCitation: 2023 LiveLaw (SC) 934In 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 CourtCase Title: Manish Sisodia v. Central Bureau of InvestigationCitation: 2023 LiveLaw (SC) 934Detention 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 LaunderingCase Details: Manish Sisodia v. Central Bureau of InvestigationCitation: 2023 LiveLaw (SC) 934The 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 CourtCase Title: Bhisham Lal Verma V. State of Uttar PradeshCitation: 2023 LiveLaw (SC) 935The 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 CourtCase Details: Pradeep Mehra V. Harijivan J. JethwaCitation: 2023 LiveLaw (SC) 936Lamenting 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...

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

Suraj Parmar

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