Supreme Court Weekly Roundup(22 May 2023- 28 May 2023)

Despite the ongoing summer vacations, plenty has happened in the Indian Supreme Court. From AAP leader Satyendar Jain being granted interim bail on medical grounds to the Supreme Court refusing to entertain a Public Interest Litigation seeking a direction that the inauguration of the new Parliament building should be done by the President of India and not the Prime Minister of India, the vacation bench of the Supreme Court has been quite active this week. Live Law has collated all important developments in the Supreme Court from judgements to news updates in its Weekly Digest. Judgements/OrdersIncrease In Salary Of High Court Judges Must Reflect In Same Proportion To District Judges : Supreme Court[Case Title: All India Judges Association v. UoI And Ors. WP(C) No. 643/2015]Citation : 2023 LiveLaw (SC) 452The Supreme Court, in its judgement accepting various recommendations of the Second National Judicial Pay Commission (SNJPC) on pay, pension, gratuity, age of retirement etc. of judicial officers, remarked that the functions of District judges were essentially the same as High Court judges. Hence, the increase in the salary of the High Court judges should reflect in the pay scale of district judges in the same proportion.Article 299 | No Immunity From Statute Merely Because Contract Is Entered In President's Name : Supreme Court[Case Title: M/s Glock Asia-Pacific Ltd. v Union of India]Citation: 2023 LiveLaw (SC) 459The Supreme Court, while adjudicating an application for appointment of arbitrator, has held that a contract entered into in the name of the President of India, does not create an immunity against the application of any statutory prescription imposing conditions on parties to an agreement, when the Government chooses to enter into a contract.Civil Judges' Appointment | Supreme Court Takes Divergent View On Granting Relief To Candidates Who Submitted Category Certificates After Cut-Off[Case Title: Sakshi Arha v. Rajasthan High Court And Ors.|SLP(C) No. 16428 of 2022| 18th May, 2023]Citation: 2023 LiveLaw SC 460The Supreme Court delivered split judgment in a matter pertaining to Rajasthan High Court denying appointment of applicants to the post of Civil Judge on the ground that they had submitted the category certificate beyond the cut-off date.'Numerous Lapses In Investigation' : Supreme Court Frees Man Awarded Death Penalty In Case For Rape & Murder Of 6 Year Old Girl[Case Title: Prakash Nishad @ Kewat Zinak Nishad v. State of Maharashtra]Citation : 2023 LiveLaw (SC) 461The Supreme Court set aside the death sentence and life imprisonment imposed on a convict under Section 302 and 376 of IPC for allegedly raping and killing a six year old minor girl, on the ground that there were yawning gaps in the chain of circumstances establishing to the guilt of the accused and there were several irregularities and illegalities on the part of the agencies examining the case.Accused Can Be Discharged Only If No Case Is Made Out Even After Presuming Entire Prosecution Evidence To Be True : Supreme Court[Case Title: Captain Manjit Singh Virdi (Retd.) v. Hussain Mohammed Shattaf & Ors.]Citation : 2023 LiveLaw (SC) 462The Supreme Court set aside an order passed by the Bombay High Court which had discharged two murder accused persons, on the ground that the High Court did not refer to the evidence, in its entirety, collected by Investigating Agency produced along with charge-sheet.Magistrate Can Direct Collection Of Voice Samples Of Accused : Supreme Court Reiterates[Case Title: Pravinsinh Nrupatsinh Chauhan v. State Of Gujarat]Citation : 2023 LiveLaw (SC) 463Upholding the Gujarat High Court order to refuse interference in the order of the session judge directing the accused to give a voice sample to the police, the Supreme Court recently said that a Magistrate has the power to order the collection of a voice sample for the purpose of investigation.Proposed Accused Has Right To Be Heard In Revision Filed Against Dismissal Of Petition Under Section 156(3) CrPC : Supreme Court[Case Title: Santhakumari & Ors. v State of Tamil Nadu & Anr.]Citation: 2023 LiveLaw (SC) 465The Supreme Court Bench comprising of Justice Hrishikesh Roy and Justice Manoj Misra, while adjudicating an appeal filed in Santhakumari & Ors. v State of Tamil Nadu & Anr., has reiterated that a proposed accused has a right to be heard in the revisional proceedings under Section 401 of the Code of Criminal Procedure, 1973 (“CrPC”).Limitation Period For Arbitration | Cause Of Action To Appoint Arbitrator Commences From The “Breaking Point” Between Parties : Supreme Court[Case Title: M/s B and T AG v Ministry of Defence]Citation: 2023 LiveLaw (SC) 466The Supreme Court has held that the cause of action to appoint an arbitrator would commence from the “Breaking Point” at which any reasonable party would abandon efforts for at arriving at a settlement and contemplate referral of the dispute for arbitration. “Breaking Point” should be treated as the date at...

Supreme Court Weekly Roundup(22 May 2023- 28 May 2023)

Padmakshi Sharma

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