Weekly Overview| Supreme Court Judgments: October 16 – October 20, 2023
|1) “Classification of Advocates and the mechanism to grant seniority to Advocates is not based on any arbitrary, artificial or evasive grounds”
The Court held that the classification of Advocates and the mechanism to grant seniority to Advocates is not based on any arbitrary, artificial, or evasive grounds. It dismissed the petition questioning the designation of Senior Advocate.
The Court was dealing with a writ petition filed by the practicing Advocates for a declaration that the designation of Advocates as Senior Advocates under Sections 16 and 23(5) of the Advocates Act, 1961 as well as under Rule 2 of Order IV of the Supreme Court Rules, 2013, creating a special class of Advocates with special rights, privileges and status not available to ordinary Advocates is unconstitutional being violative of the mandate of equality under Artilce14 and Right to Practice any Profession under Article 19 as well as Right to Life under Article 21 of the Constitution of India.
Cause Title- Mathews J. Nedumpara & Ors. v. Union of India & Ors.
Date of Judgment- October 16, 2023
Coram- Justice S.K. Kaul, Justice C.T. Ravikumar, and Justice Sudhanshu Dhulia
2) Variable annual licence fee paid to DoT under new Telecom Policy of 1999 is capital in nature and may be amortized u/s. 35ABB of IT Act
While allowing Revenue’s appeals against Telecom companies (Assessees), the Court held that the annual variable licence fee paid to the Government on revenue sharing basis under the Telecom Policy of 1999 (1999 Policy) is capital in nature.
The Court held that the Delhi High Court was not right in apportioning the expenditure incurred towards establishing, operating and maintaining telecom services, as partly revenue and partly capital by dividing the licence fee into two periods, that is, before and after 31 July, 1999 and accordingly held that the licence fee paid or payable for the period upto 31 July 1999 i.e. the date set out in the Policy of 1999 should be treated as capital and the balance amount payable on or after the said date should be treated as revenue.
Cause Title- CIT, Delhi v. Bharti Hexacom
Date of Judgment- October 16, 2023
Coram- Justice B.V. Nagarathna and Justice Ujjal Bhuyan
3) Reasonable accommodation principle is applicable to all persons suffering from disability: SC directs TN power corporation to re-appoint color blind appellant
The Court directed the Tamil Nadu Generation and Distribution Corporation Limited (TNGDC) to re-appoint the Appellant, who has color blindness, as Assistant Electrical Engineer with appropriate grade and suitable department.
The Court allowed the Appeal and reiterated the Appellant could be posted in any position that may not require actual field participation. It emphasized that the principle of reasonable accommodation is applicable to all individuals suffering from a disability.
Cause Title- Mohamed Ibrahim v. The Chairman & Managing Director And Ors
Date of Judgment- October 16, 2023
Coram- Justice S. Ravindra Bhat and Justice Aravind Kumar
4) No substantial foetal abnormalities or medical necessity to save mother’s life: SC while rejecting petition to terminate 26 weeks pregnancy
The Court dismissed the Petition to terminate a twenty-six weeks old pregnancy citing that neither the foetal has any substantial abnormalities nor is it a medical emergency to save the mother’s life.
The Court emphasized that having crossed the statutory limit of twenty-four weeks, requirements of either Section 3(2B) or Section 5 of the Medical Termination of Pregnancy Act 1971 (Act) must be fulfilled.
Cause Title- X v. Union Of India
Date of Judgment- October 16, 2023
Coram- CJI DY Chandrachud, Justice J.B Pardiwala and Justice Manoj Misra
5) SC leaves decision regarding legal recognition of queer marriages to legislature; asks govt to form committee to determine rights
The Court refused to grant legal recognition to same-sex marriages in India while concluding that it is a matter for the legislature to decide. Further, the Bench concluded that the State shall constitute a committee to examine the rights and entitlements of persons in a queer union.
In this case, the Court had heard a set of writ petitions filed in a concerted effort to secure legal recognition and validation of same-sex marriages. The Bench pronounced four separate judgments, where the majority opinion was articulated by Justice Bhat, Justice Kohli, and Justice Narasimha while the minority opinion was presented by CJI Chandrachud and Justice Kaul.
Cause Title- Supriyo @ Supriya Chakraborty & Anr. v. Union of India
Date of Judgment- October 17, 2023
Coram- Chief Justice DY Chandrachud, Justice Sanjay Kishan Kaul, Justice S Ravindra Bhat, Justice Hima Kohli, and Justice PS Narasimha
6) Medical Negligence: Difficult to foresee cardiac problem only because patient suffered pain in neck region- SC while dismissing widow's appeal
The Court in a medical negligence case has dismissed an appeal filed by a widow against the Hospital on account that it is difficult to foresee a possible cardiac problem only because the patient suffered pain in the neck region.
A civil appeal was preferred against the order passed by the National Consumer Disputes Redressal Commission (NCDRC) whereby the complaint filed by the appellant under Section 2(c)(iii) of the Consumer Protection Act, 1986 was rejected.
Cause Title- Kalyani Rajan v. Indraprastha Apollo Hospital & Ors.
Date of Judgment- October 17, 2023
Coram- Justice A.S. Bopanna and Justice Prashant Kumar Mishra
7) Any promise to pay debt cannot cure fault of limitation in pre-existing action after insolvency proceedings are initiated
The Court held that after the initiation of insolvency proceedings and in the absence of any averments or pleadings, any promise made to pay the debt cannot cure the fault of limitation in a preexisting action.
The Court dismissed a Civil Appeal filed by the Managing Director (MD) of the Second Respondent (Totem Infrastructures Limited) against the proceedings on account of default in repaying the financial facilities extended to the company. It emphasized that such a promise made to repay the debt would constitute an independent cause of action.
Cause Title- Tottempudi Salalith v. State Bank Of India & Ors.
Date of Judgment- October 18, 2023
Coram- Justice Aniruddha Bose and Justice Vikram Nath
8) Non-recording of deceased’s statement in presence of magistrate or actual ascertainment of fitness by doctors remains unexplained: SC grants bail in murder case
The Court granted bail to a man in a murder case on the ground that the non-recording of the deceased’s statement in presence of the Magistrate or actual ascertainment of her fitness to make statements by doctors remains unexplained.
The Court was deciding a criminal appeal filed by the appellant against the judgment and order of conviction passed by the Delhi High Court whereby it confirmed the appellant’s sentence of life imprisonment under Section 302 of IPC as awarded by the Additional Sessions Judge.
Cause Title- Abhishek Sharma v. State (Govt. of NCT of Delhi)
Date of Judgment- October 18, 2023
Coram- Justice Abhay S. Oka and Justice Sanjay Karol
9) Provisions of Section 5 of Limitation Act cannot be used to extend time limit for filing applications under tenancy laws
The Court held that tenants are obligated to pay rent in a timely manner and adhere to the provisions of tenancy laws. The Court ruled that the provisions of Section 5 of the Limitation Act cannot be used to extend the specified time limit for filing applications under tenancy laws.
In this case, the respondent filed an application under Sections 7(1) and 7(2) of the West Bengal Premises Tenancy Act, 1997, seeking protection against eviction. However, the application was rejected by the Trial Court due to a delay of ten months in filing. The High Court set aside the Trial Court's decision, granting the respondent the opportunity to file an application under Section 5 of the Limitation Act, 1963, explaining the reasons for the delay. The respondent claimed that the delay was due to improper legal advice.
Cause Title- Debashish Paul & Anr. v. Amal Boral
Date of Judgment- October 18, 2023
Coram- Justice Sanjay Kishan Kaul and Justice Sudhanshu Dhulia
10) State/UT Government must ensure that every district has a notified District Officer: SC issues directions under POSH Act
The Court issued directions under the Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 i.e., POSH Act. It said that State or Union Territory Government must ensure that every district has a notified District Officer.
The petitioner, an organisation, had approached the court under Article 32 of the Constitution seeking issuance of appropriate orders directing the respondents to take steps for implementing the provisions of POSH Act read with POSH Rules.
Cause Title- Initiatives for Inclusion Foundation & Anr. v. Union of India & Ors.
Date of Judgment- October 19, 2023
Coram- Justice S. Ravindra Bhat and Justice Dipankar Datta
11) Notification u/s 90(1) of Income Tax Act is mandatory to enforce double tax avoidance agreements by judicial or quasi-judicial bodies
Emphasizing that the grant of automatic benefits based on other country's entry into OECD is 'unfeasible’, the Court upheld the need for a notification under Section 90(1) of the Income Tax Act, 1961 for any court, authority, or tribunal to enforce a Double Tax Avoidance Agreement (DTAA) or any protocol altering its terms or conditions.
The Court held so, while considering a batch of appeals arising from decisions of the Delhi High Court, which involved the interpretation of the Most Favored Nation (MFN) clause contained in various Indian treaties with countries that were members of the Organization for Economic Cooperation and Development (OECD). Broadly, the issues that arose were whether there was any right to invoke the MFN clause when the third country with which India had entered into a DTAA was not an OECD member at that time, and secondly, whether the MFN clause was to be given effect automatically or if it was to come into effect only after a notification was issued.
Cause Title- Assessing Officer Circle (International Taxation) v. M/s Nestle SA
Date of Judgment- October 19, 2023
Coram- Justice S. Ravindra Bhat and Justice Dipankar Datta
12) TPA: Rents payable by IL&FS tenants, lessees and licensees are debts which stood transferred to creditor- SC dismisses appeal against HDFC
The Court rejected the appeal of Infrastructure Leasing and Financial Services Ltd. (IL&FS) against the HDFC Bank Ltd. under the Transfer of Property Act, 1882 (TPA) on the ground that the rents payable by IL&FS tenants, lessees, and licensees are debts, which stood transferred to the creditor i.e., HDFC.
An appeal was preferred by IL&FS as it was aggrieved by an order of the National Company Law Appellate Tribunal (NCLAT). The point in issue was whether the documents executed by IL&FS by which rents were made over to the respondent, i.e., HDFC constituted an assignment and thus fell outside the scope of an asset and security freeze order made by the NCLAT.
Cause Title- Infrastructure Leasing and Financial Services Ltd. v. HDFC Bank Ltd. & Anr.
Date of Judgment- October 19, 2023
Coram- Justice S. Ravindra Bhat and Justice Dipankar Datta
13) Supreme Court restores 2019 Election of BJP Arunachal Pradesh legislator Dasamglu Pul to the State Assembly
The Court restored the 2019 election of Arunachal Pradesh legislator Dasanglu Pul (Widow of the Former Chief Minister Kalikho Pul) to the State Legislative Assembly. The Court allowed the Appeal against the judgment of the High Court, whereby the Court had set aside the election results.
The Bench observed that the properties disclosed in the nomination papers belonged to the Appellant and the other disputed properties belonged to the First Wife of the Appellant’s Husband.
Cause Title- Dasanglu Pul v Lupalum Kri
Date of Judgment- October 19, 2023
Coram- Justice A.S. Bopanna and Justice P.S. Narasimha
14) Arbitration and Conciliation Act| Principle of ex proprio vigore is applicable on arbitrators especially in cases under Sections 34 or 37
The Court held that the principle of ex proprio vigore is applicable upon an arbitrator and/or a multi-member arbitral tribunal, particularly when it is faced with a judicial decision under Section 34 or 37 of the Arbitration and Conciliation Act, 1996 (Act), ordering a limited remand.
The Court dismissed the Appeal challenging the judgment and order of the Division Bench of the High Court whereby the Appellant’s Appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (Act) seeking reinstatement of the arbitral award was dismissed.
Cause Title- Unibros v All India Radio
Date of Judgment- October 19, 2023
Coram- Justice S. Ravindra Bhat and Justice Dipankar Datta
15) Skipping statutory route carefully devised by Parliament can cast yet more spells of uncertainty upon arbitration process
The Court observed that skipping the statutory route carefully devised by Parliament can cast yet more spells of uncertainty upon the arbitration process.
The Court was deciding a miscellaneous application filed by Chennai Metro Rail Limited (applicant), a joint venture between the Central Government and Tamil Nadu Government which had, pursuant to a public tender, awarded the contract to the respondent (M/s. Transtonnelstroy Afcons) with regard to a project of total value of Rs. 1,566 crores.
Cause Title- Chennai Metro Rail Limited Administrative Building v. M/s. Transtonnelstroy Afcons (JV) & Anr.
Date of Judgment- October 19, 2023
Coram- Justice S. Ravindra Bhat and Justice Aravind Kumar
16) Determining jurisdiction of civil court in cases challenging acquisition when party fails to serve notice: SC refers matter to larger bench
The Court has referred a matter pertaining to the failure to serve notice under Section 52(2) of the Land Acquisition Act, 1959, maintainability, and the jurisdiction of the Civil Court to hear the case.
In this case, the defendant had filed an appeal against the High Court's decision to dismiss their second appeal, which sought to overturn the judgment and decree of the first appellate Court. The first appellate Court had not only set aside the Trial Court's decree but also ruled in favor of the first respondent, granting them the full relief sought in the suit.
Cause Title- Urban Improvement Trust, Bikaner vs Gordhan Dass (D) Through LRs & Ors.
Date of Judgment- October 19, 2023
Coram- Justice Hrishikesh Roy and Justice Manoj Misra
17) Dying declaration must suggest proximate nexus to dying by suicide on preceding demand for dowry - SC while setting aside conviction
The Court set aside the conviction of an accused under Section 304B in a dowry-death case on the ground that the dying declaration did not suggest that there was any proximate nexus to the act of committing suicide on account of preceding demand for dowry.
This case involved the tragic death of Akkamahadevi, the third daughter of the complainant, Shri Chandappa Gooli. Akkamahadevi was married to the second respondent, accused No. 1, in May 2010. Following her marriage, allegations arose that a dowry of Rs. 31,000 and 1.5 tolas of gold were given, and later, an additional dowry of Rs. 50,000 and more gold was demanded. Accused No. 1 and his parents allegedly subjected Akkamahadevi to physical and mental torture, leading her to commit suicide by self-immolation in December 2010.
Cause Title- Paranagouda and Another vs The State of Karnataka and Another
Date of Judgment- October 19, 2023
Coram- Justice S Ravindra Bhat and Justice Aravind Kumar
18) Rape & murder of 3-month-old baby| Trial Court conducted the trial in a hurried manner- SC sets aside death sentence, orders Denovo trial
The Court in a 2018 case has set aside the death sentence of a man accused of raping and killing a three-month old girl child and has remitted back the matter to the Trial Court. It said that the Trial Court conducted the trial in a hurried manner without giving proper opportunity to the accused to defend himself.
A batch of two appeals was filed against the judgment of conviction and sentence passed by the Madhya Pradesh High Court, Indore Bench whereby it upheld the conviction of the appellant/accused under Sections 363, 366-A, 376(A), 376(2)(i), 376(2)(j), 376(2)(k), 376(2)(m), 302, and 201 of the Indian Penal Code (IPC), and Section 5(m) and 5(i) read with Section 6 of Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The High Court confirmed the death sentence imposed on the appellant by the Sessions Judge.
Cause Title- Naveen @ Ajay v. The State of Madhya Pradesh
Date of Judgment- October 19, 2023
Coram- Justice B.R. Gavai, Justice P.S. Narasimha, and Justice Prashant Kumar Mishra
19) Need to strike balance between legal mandate to disclose in criminal matters and fundamental right to privacy
The Court held that though there is a legal mandate to disclose the aspects required to adjudicate a criminal matter, such a duty cannot unreasonably and unwarrantedly step over the fundamental right to privacy.
The Court allowed the Appeal against the conviction by the High Court whereby, the decision of the Trial Court was affirmed. The Court expressed dismay over the High Court’s general and sketchy approach in re-appreciating the evidence. It held that awarding a life punishment requires due appreciation of evidence and cannot be awarded mechanically or not in a perfunctory manner.
Cause Title- Indrakunwar v. The State Of Chhattisgarh
Date of Judgment- October 19, 2023
Coram- Justice Abhay S. Oka and Justice Sanjay Karol
20) "Classic case of doctors trying their best" - SC sets aside compensation awarded in medical negligence case
The Court dismissed a case of medical negligence and set aside the compensation awarded in a case revolving a Nasotracheal Intubation, wherein it was claimed that it led to a range of severe medical complications.
In this case, Civil Appeals were filed under Section 23 of the Consumer Protection Act, 1986, challenging a National Consumer Disputes Redressal Commission (NCDRC) decision. The NCDRC had ordered Suretech Hospital, Dr. Nirmal Jaiswal, Dr. Madhusudan Shendre, and Dr. M.A. Biviji to pay Rs. 6,11,638 in compensation to Mrs. Sunita Parvate for medical negligence. The case revolved around a forced Nasotracheal Intubation (NI) procedure conducted on Mrs. Sunita, resulting in a range of severe medical complications, including tracheal damage, sepsis, and voice loss.
Cause Title- M.A Biviji vs Sunita & Ors.
Date of Judgment- October 19, 2023
Coram- Justice Hrishikesh Roy and Justice Manoj Misra
21) Relegating parties to authorities would add salt to wound, acrimony would continue to haunt future generations: SC in 50 years old land dispute
The Court in a 50 years old land dispute has observed that relegating the parties to the authorities would add salt to the wound or acrimony between parties would continue to haunt the future generations.
The appellants, in this case, were legal heirs of the landlord and they were aggrieved by the judgment of the High Court which set aside all the orders passed by the authorities and ordered for remand of the case before the original authority.
Cause Title- Keshav Bhaurao Yeole (D) by LRS. v. Muralidhar (D) & Ors.
Date of Judgment- October 19, 2023
Coram- Justice S. Ravindra Bhat and Justice Aravind Kumar
22) Land Acquisition- Period to be applied is a major factor to be considered for awarding annual increase in compensation
The Court held that the period to be applied is a major factor to be considered while determining annual increase for a just compensation, in a case arising out of land acquisition under the Land Acquisition Act, 1894.
In this case, the Court held that an annual increase of 8% with a cumulative effect on the compensation would be suitable considering the period of 11 years which is substantial. The Court allowed an Appeal challenging the enhancement of compensation by the High Court, whereby, the enhancement was increased up to 15%. It emphasized that a balance needed to be struck between just and fair compensation for the landowners and a balanced market value that does not put an additional burden on the State.
Cause Title- The Central Warehousing Corporation v Thakur Dwara Kalan Ul-Maruf Baraglan Wala (Dead) & Ors.
Date of Judgment- October 19, 2023
Coram- Justice Vikram Nath and Justice Ahsanuddin Amanullah
23) Section 378 IPC: Since there was injunction for preserving property in joint possession, removal without consent or knowledge would amount to theft
The Court held that since an injunction was granted to preserve the property, removal of the property without consent or knowledge of the other owner would amount to theft under Section 378 of the Indian Penal Code.
The Court allowed the Appeal and set aside the judgment of the High Court, whereby an FIR filed against the First Respondent was quashed. The case pertained to possession of a shop that was in common possession of the Appellant and the First Respondent but the First Respondent, without informing the Appellant, had handed over the possession to a person who had bought the shop from the land owner. The Appellant lodged an FIR under Sections 457, 380, and 506 of the IPC.
Cause Title- Ruchir Rastogi v Pankaj Rastogi And Others
Date of Judgment- October 19, 2023
Coram- Justice Vikram Nath and Justice Ahsanuddin Amanullah
24) Undertrial attempting to misuse bail concession by influencing witnesses or tempering with evidence can result in withdrawal
The Court held that if an undertrial attempts to misuse the concession of bail by influencing witnesses or tempering the evidence then such person can be committed to custody by withdrawing the concession of bail.
The Court allowed the Appeal challenging the bail order of the High Court. It emphasized the significant responsibility of the courts in ensuring the effectiveness of the criminal justice system and preventing perpetrators of crimes from evading punishment.
Cause Title- Munilakshmi v Narendra Babu & Anr.
Date of Judgment- October 20, 2023
Coram- Justice Surya Kant and Justice Dipankar Datta
25) Adjudicating forum being product of procedural right must come under retrospective operation when amendment is introduced to cure defect
The Court held that an adjudicating forum being a product of procedural right must come under the retrospective operation when an amendment is introduced to cure a defect.
The Court was deciding a civil appeal filed against the judgment of the Telangana High Court whereby it dismissed the revision petition of the appellants and reversed the decision of the Executing Court by relying upon the case of Ramesh Gobindram (Dead) through LRs. v. Sugra Humayun Mirza Wakf (2010) 8 SCC 726.
Cause Title- Mumtaz Yarud Dowla Wakf v. M/s. Badam Balakrishna Hotel Pvt. Ltd. & Ors.
Date of Judgment- October 20, 2023
Coram- Justice M.M. Sundresh and Justice Prashant Kumar Mishra
26) Police Constable Recruitment | Non-disclosure of criminal case even if acquitted casts serious doubt on candidate’s character
The Court held that the respondent's suppression of his involvement in a past criminal case, despite being acquitted prior to the verification process, constituted a serious offense. The Court emphasized the importance of candidates providing complete and truthful information about any criminal cases, arrests, or convictions, as required by the verification process of any examination.
In this case, the Director General of Police, Tamil Nadu, Chennai, filed an appeal against the final judgment passed by the Division Bench of the High Court. The respondent had been selected for the post of Grade-II Constable after qualifying the written test. However, during the verification process, it was discovered that he was involved in a criminal case and had been acquitted.
Cause Title- The Director General Of Police Tamil Nadu v. J. Raghunees
Date of Judgment- October 20, 2023
Coram- Justice Abhay S. Oka and Justice Pankaj Mithal
27) Remand question of including non-woven bags within single use plastic products ban back to TNPCB for consideration: SC directs
The Court remanded back the question of including non-woven bags within the single use plastic products ban to the TNPCB i.e., Tamil Nadu Pollution Control Board for consideration.
The Court was dealing with a batch of civil appeals against the judgment of the Madras High Court by which it dismissed the writ petitions of the appellants challenging a government order banning manufacture, storage, supply, transport, sale, distribution, and use of ‘one time use and throwaway plastics’. The appellants before the court were an association representing manufacturing units involved in the manufacture of ‘reinforced’ paper cups, and a manufacturer of non-woven plastic bags, respectively.
Cause Title- Tamil Nadu and Puducherry Paper Cup Manufactures Association v. State of Tamil Nadu & Ors.
Date of Judgment- October 20, 2023
Coram- Justice S. Ravindra Bhat and Justice P.S. Narasimha
28) We owe it to the population which remained in bondage: Supreme Court enhances compensation for manual scavengers to ₹ 30 lakhs
The Court pronounced its judgment enhancing the compensation to be paid to the victims and families of manual scavengers. The Court increased the amount to 30 lakhs to be paid to the kin of those who died while cleaning sewers or septic tanks. In case of permanent disablement or injury, the Court has provided for compensation of not less than 20 lakhs and in case of other disablements, not less than 10 lakhs.
The plea filed by Dr. Balram Singh, who appearing-in-person, had sought issuance of directions to implement provisions of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 and the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013.
Cause Title- Dr. Balram Singh v. Union of India
Date of Judgment- October 20, 2023
Coram- Justice S. Ravindra Bhat and Justice Aravind Kumar
29) Burden of proof for change in classification of product lies on department if it wishes to challenge long-accepted mode: SC on classification of 'Zarda'
Finding that there is no fraud or collusion or any wilful misstatement or separation of facts with intent to evade payment of duty to invoke the provisions of Section 11A (4) of Central Excise Act, 1944 in the present case, the Court refused to interfere with the findings of the Third Member Bench of CESTAT which held that the product manufactured by the petitioner was ‘chewing tobacco’ and not ‘zarda/jarda scented tobacco’ as claimed by the Revenue.
The Court found that the Department has not provided any sufficient evidence before this Court determine the nature, characteristics, contents, and composition of the product in order to adjudicate the present dispute purely on the issue of classification and hence no attempt can be made to determine the appropriate entry of classification for the product manufactured by the assessee at the relevant period of time of the dispute.
Cause Title- Commissioner of Central Excise v. M/s Urmin Products and Ors.
Date of Judgment- October 20, 2023
Coram- Justice S. Ravindra Bhat and Justice Aravind Kumar
30) Judges must adhere to assigned cases and roster protocols: SC imposes fine of Rs. 50,000 in classic case of forum hunting by parties
The Court emphasized that judges must strictly adhere to discipline, only taking up cases specifically assigned by the Chief Justice. It emphasized that deviation from this protocol constitutes a grave impropriety. The Court strongly condemned the respondents for their gross abuse of the legal process.
The respondents, accused in multiple First Information Reports (FIRs), attempted forum hunting by filing a Civil Writ Petition to consolidate these FIRs, aiming to evade the roster system established by the Chief Justice. In this case, the appellant brought forward serious allegations against the second to fourth respondents, accusing them of gross abuse of the legal process.
Cause Title- Ambalal Parihar v. State of Rajasthan & Ors.
Date of Judgment- October 16, 2023
Coram- Justice Abhay S. Oka and Justice Pankaj Mithal
31) Under Section 319 CrPC, though test of prima facie case is same, degree of satisfaction that is required is much stricter: SC reiterates
The Court reiterated that under Section 319 of the CrPC the degree of satisfaction required, to see whether a prima facie case is made out to proceed against the Accused, is much stricter.
The Court allowed a Criminal Appeal against the order of the High Court whereby the order of the Trial Court to proceed against the Appellants under section 319 CrPC was confirmed. The Court emphasized that the evidence of said witnesses was insufficient to meet the standards of a prima facie case laid down under Section 319 of the Criminal Procedure Code (CrPC).
Cause Title- Aarif & Ors. v The State Of Rajasthan & Anr.
Date of Judgment- October 19, 2023
Coram- Justice Abhay S. Oka and Justice Pankaj Mithal
32) Husband fled to Australia abandoning the wife and is stalling compliance with maintenance order: Supreme Court directs registrar to attach properties
The Court noted that the Petitioner’s son had abandoned his wife and fled to Australia while stalling to comply with the Maintenance Order.
The Court disposed of a Petition filed by the Daughter-in-law seeking recovery of arrears of maintenance and monthly maintenance. The Court directed the Registrar to attach properties of the Petitioner’s son to realize the amount from sale in favor of the Wife.
Cause Title- Manmohan Gopal v The State Of Chhattisgarh & Anr
Date of Judgment- October 20, 2023
Coram- Justice S. Ravindra Bhat and Justice Aravind Kumar
33) In halls of justice, let not echoes of delay and pendency drown out clarion call of reform: SC issues slew of directions for High Courts for speedy disposal of pending civil cases
The Court expressed concern over the large pendency of cases in India and issued a slew of directions to the High Courts for ensuring speedy trial and to monitor the disposal of cases, especially those pending for over five years.
In this case, the Court was hearing a civil appeal, wherein, even after 41 years, the parties were still litigating as to who should be brought on record as the legal representative of the sole plaintiff.
Cause Title- Yashpal Jain v. Sushila Devi & Ors.
Date of Judgment- October 20, 2023
Coram- Justice S Ravindra Bhat and Justice Aravind Kumar
34) Supreme Court adjudicates appeals arising from amendments in Value Added Tax Acts in three different States
The Court adjudicated appeals arising from the amendments to the VAT Acts in three different States.
In this case, three sets of appeals arose from amendments to Value Added Tax (VAT) Acts in different Indian states. In the Telangana batch, the state amended its VAT Act through an ordinance, which extended the period for reassessments and was later enacted into law. However, the Telangana High Court invalidated this amendment, contending that it exceeded the state's scope to amend its VAT Act and that it could not be confirmed after a certain date.
Cause Title- The State of Telangana & Ors. vs M/s Tirumala Constructions
Date of Judgment- October 20, 2023
Coram- Justice S Ravindra Bhat and Justice Aravind Kumar