Supreme Court Weekly Round-Up: 4th Dec-10th December 2023

Citations: 2023 LiveLaw (SC) 1033 To 2023 LiveLaw (SC) 1048Nominal IndexEldeco Housing and Industries Ltd. v. Ashok Vidyarthi 2023 LiveLaw (SC) 1033Additional Tahsildar v. Urmila G. 2023 LiveLaw (SC) 1034Mohit Singhal v. State of Uttarakhand 2023 LiveLaw (SC) 1035Shashi Kant Sharma v. State of UP 2023 LiveLaw (SC) 1037State of Jharkhand v. Dhananjay Gupta 2023 LiveLaw (SC) 1038Digvijaysinh Himmatsinh Jadeja v. State of Gujarat 2023 LiveLaw (SC) 1039Government of NCT of Delhi v. Union of India 2023 LiveLaw (SC) 1040Mahalakshmi v. State of Karnataka 2023 LiveLaw(SC) 1041 Cox and Kings Ltd v. SAP India Pvt Ltd 2023 LiveLaw (SC) 1042Dr PN Shukla v. Union of India 2023 LiveLaw (SC) 1044Dr PN Shukla v. Union of India 2023 LiveLaw (SC)1045Kunal Choudhary v. State of Jharkhand 2023 LiveLaw (SC) 1045Harpal Singh v. State of Haryana 2023 LiveLaw (SC) 1046New India Assurance Co. Ltd. v. Anand Pal 2023 LiveLaw (SC) 1047Commissioner Of Income Tax v M/s Jindal Steel & Power Limited 2023 LiveLaw (SC) 1048Judgment/OrdersOrder VII Rule 11 CPC - No Evidence Or Merits Of Controversy Can Be Examined While Deciding Rejection Of Plaint: Supreme CourtCase Title: ELDECO HOUSING AND INDUSTRIES LIMITED v. ASHOK VIDYARTHICitation: 2023 LiveLaw (SC) 1033Recently, the Supreme Court (on November 30) held that no amount of evidence or merits of the controversy could be examined at the stage of deciding rejection of a plaint application under Order VII Rule 11 of the Code of Civil Procedure, 1908 (C.P.C.). It may be noted that this order provides the grounds on which the Court shall reject a plaint.The Bench of Justices Vikram Nath and Rajesh Bindal supported the above observation by referring to the catena of judgments regarding the application of Order VII Rule 11 of CPC.Kerala Lok Ayukta Only Has Recommendatory Jurisdiction, Cannot Issue Positive Directions: Supreme CourtCase Title: ADDITIONAL TAHSILDAR V. URMILA G.Citation: 2023 LiveLaw (SC) 1034The Supreme Court recently held that the Lok Ayukta, under the Kerala Lok Ayukta Act 1999, cannot issue positive directions and that it only has the jurisdiction to submit a report to the concerned authority with its recommendations.Abetment Of Suicide | Instigation Must Be In Close Proximity To Suicide: Supreme Court Quashes Case Under S.306 IPCCase title: Mohit Singhal v. State of UttarakhandCitation: 2023 LiveLaw (SC) 1035The Supreme Court, while quashing a case for abetment of suicide against an accused, discussed the essentials to convict a person under Section 306 of the Indian Penal Code(IPC). It is pertinent to note that “Abetment” is defined under section 107 IPC. The Court explained that, for the first part of Section 107 to apply, the accused must have intentionally encouraged and pushed the person intensely to commit suicide. He must have planned it and his act should be very close to the time when the person actually committed suicide.Court Not Obligated To Frame Charges If Offences Are Not Made Out From Admitted Evidence Of Prosecution: Supreme CourtCase Title: SHASHI KANT SHARMA v. THE STATE OF UTTAR PRADESHCitation: 2023 LiveLaw (SC) 1037The Supreme Court recently (on December 01) reiterated that if the necessary ingredients of an offense are not made out from the admitted evidence of the prosecution, then the Court is not obligated to frame a charge for such an offence against the accused."...there is also a long line of precedents that from the admitted evidence of the prosecution as reflected in the documents filed by the Investigating Officer in the report under Section 173 CrPC, if the necessary ingredients of an offence are not made out then the Court is not obligated to frame charge for such offence against the accused," the Court said. Reference was made to judgment rendered in the case of Suresh @ Pappu Bhudharmal Kalani Vs. State of Maharashtra reported in AIR 2001 SC 1375.Mere Claim Of Innocence Or Undertaking To Participate In Trial Not Sufficient Reasons To Grant Bail In Serious Offences: Supreme CourtCase Title: THE STATE OF JHARKHAND v. DHANANJAY GUPTA @ DHANANJAY PRASAD GUPTACitation: 2023 LiveLaw (SC) 1038The Supreme Court, while hearing an appeal against the order passed by the Jharkhand High Court allowing a bail application for an accused charged with an attempt to murder, observed that simply asserting innocence or agreeing to participate in the trial is not a valid reason for granting bail to an accused in serious offences.Supreme Court Restores Cheating Case Against Fugitive Mehul Choksi & Wife; Says Gujarat HC Erred In Quashing FIRCase Title: DIGVIJAYSINH HIMMATSINH JADEJA vs. THE STATE OF GUJARATCitation: 2023 LiveLaw (SC) 1039The Supreme Court recently set aside a 2017 judgment of the Gujarat High Court which quashed an FIR registered by the Gujarat Police in 2015 against businessman Mehul Chinubhai Choksi, who turned fugitive and left India in 2017 following the PNB loan scam case.Delhi Chief Secretary, Though Appointed By Centre, Must Follow...

Supreme Court Weekly Round-Up: 4th Dec-10th December 2023

Suraj Parmar

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