1) Fair degree of uncertainty in prosecution story affects object of finding out truth- SC while acquitting murder convicts
The Court while acquitting the murder convicts observed that if there was a fair degree of uncertainty in the prosecution story and the Courts below did not take into consideration the effect of other attending evidence, then that order required interference as such lacunas affect the object of finding out the truth.
In this case, the appeal had been preferred against the judgment and order of Allahabad High Court wherein conviction under section 302 of IPC was upheld on the grounds that the version of eyewitnesses was found to be reliable and trustworthy which unmistakably pointed to the guilt of the accused/appellant.
Cause Title- Munna Lal v. The State of Uttar Pradesh
Date of Judgment- January 24, 2023
Coram- Justice S. Ravindra Bhat and Justice Dipankar Datta
2) SC declares Assam's rural heath care law that allowed diploma holders to perform procedures, prescribe drugs as null & void
The Court struck down the Assam Rural Health Regulatory Authority Act, 2004. By way of this Act, diploma holders in Medicine and Rural Health Care were permitted to treat certain common diseases, perform minor procedures, and prescribe certain drugs.
The Apex Court disagreed with the reasoning of the High Court where the High Court had held that the State did not have the legislative competence to enact the Assam Act in view of Article 254 of the Constitution on the premise that the IMC Act and the rules and regulations made thereunder were holding the field.
Cause Title- Baharul Islam & Ors. v. The Indian Medical Association & Ors.
Date of Judgment- January 24, 2023
Coram- Justice BR Gavai and Justice BV Nagarathna
3) “There was no sudden quarrel”- SC upholds conviction of accused who killed 55-yr-old man
The Court upheld the conviction and sentence of the accused who were involved in killing a 55-year-old man. The Court while considering the principle of sudden and grave provocation said that there was no sudden quarrel between the accused and the deceased.
In this case, the Trial Court had convicted the accused and sentenced them to life imprisonment and 6 months rigorous imprisonment for the offence under Section 323 of IPC and thereafter, the Chhattisgarh High Court partly allowed the appeal filed by the accused but affirmed their conviction and sentence.
Cause Title- Prasad Pradhan & Anr. v. The State of Chhattisgarh
Date of Judgment- January 24, 2023
Coram- Justice Krishna Murari and Justice S. Ravindra Bhat
4) SC grants interim relief to TN fishermen, conditionally allows purse seine fishing beyond territorial waters of state
The Court while granting interim relief to the fishermen of Tamil Nadu has conditionally allowed Purse Seine Fishing beyond the territorial waters of the State. However, the Court allowed the same within the exclusive economic zone.
Purse Seine Fishing is a method in which a vertical net attached to a vessel is targeted at dense schools of fish in open water in curtain formation the bottom of which is drawn together to enclose the fish.
On March 25, 2000, the Fisheries Department of Tamil Nadu banned the usage of Purse Seine Fishing nets within its territorial waters i.e., 12 nautical miles (22 km from the coastline). The Madras High Court on February 5, 2019, dismissed a challenge to the order of the state fisheries department.
Cause Title- Fisherman Care, Registered Association v. The Government Of India, Department Of Animal Husbandry, Dairying And Fisheries
Date of Judgment- January 24, 2023
Coram- Justice A.S. Bopanna and Justice Sudhanshu Dhulia
5) Hindu Succession Act- Chance of succession does not give a valid right over property
The Court while dealing with a case relating to the property dispute between the heirs of the property observed that the transfer by the heir apparent being mere spes successionis is ineffective to convey any right over the property i.e., the chance of succession does not give a valid right.
The appellants in this dispute challenged the validity of a Release Deed executed by their father. The Bench disagreed with the contention of the appellants that there is no evidence that the grandfather of the appellant acted on the Release Deed and did not execute any deed based on the Deed.
Cause Title- Elumalai @ Venkatesan & Anr v. M. Kamala And Ors. & Etc.
Date of Judgment- January 25, 2023
Coram- Justice K.M. Joseph and Justice Hrishikesh Roy
6) Principles of balance of convenience, irreparable injury should guide courts while passing injunction order
The Court observed that while passing an order of injunction, the Courts are required to be guided by the principles of prima facie case, balance of convenience and irreparable injury.
It was the case of the appellants and respondent no. 4 that the respondent no. 3 Company had siphoned off the monies of investors to four intermediate companies, who, in turn, further transferred the money to the consortium of six land owning companies and that these six land-owning companies were, allegedly, related party Companies of respondent No. 3 and that these six land owning companies purchased the land for Project Mall.
Cause Title- Developer Group India Pvt. Ltd. V. Surinder Singh Marwah and Ors.
Date of Judgment- January 25, 2023
Coram- Justice B.R. Gavai and Justice Vikram Nath