2023 SCC Vol. 2 Part 1

Civil Procedure Code, 1908 — S. 11 — Res judicata — Applicability: Findings on issue(s) which actually fell for consideration in the previous proceedings alone can operate as res judicata. [Anil Kumar Modi v. Tarsem Kumar Gupta, (2023) 2 SCC 201]

Constitution of India — Pts. III and IV-A — Government/Government-aided schools and educational institutions: Matter of prohibition on wearing of hijab or headscarf by Muslim girl students in Government/Government-aided schools and educational institutions, referred to larger Bench. [Aishat Shifa (Hijab Case-2 J.) v. State of Karnataka, (2023) 2 SCC 1]

Criminal Procedure Code, 1973 — S. 482 — Quashment of proceedings: Principles summarized regarding when quashment of proceedings is warranted. [R. Nagender Yadav v. State of Telangana, (2023) 2 SCC 195]

Employees’ Compensation Act, 1923 — Ss. 3, 4, 10 and 30(1) — Compensation — Computation: for computation of compensation, it is necessary to estimate functional disability and not just physical disability. [Chandramma v. NCC Ltd., (2023) 2 SCC 144]

Energy, Power and Electricity — Electricity — Tariff — Determination or Fixation/Review/Concession/Exemption/Incentive/Rebate/Subsidy/Surcharge/Slabrates/Security deposit — Incentives for new industrial units from payment of enhanced power tariff for five years from commencement of commercial production: In this case, there was claim for incentive from date of energisation on ground of parity with another industrial unit. High Court granted remedy when it was specifically brought to its knowledge that benefit so granted to another industrial unit was withdrawn. It was held that the said order was not sustainable. What does not emerge out of exemption notification cannot be granted. [Kerala SEB Ltd. v. Rubfila International Ltd., (2023) 2 SCC 187]

Evidence Act, 1872 — Ss. 32(1) and 157: In this case, Executive Magistrate recorded statement of injured prosecution witness assaulted by accused persons, in the form of dying declaration, however, aforesaid witness surviving such assault. In view of S. 157, so-called dying declaration can be treated as a former statement made by such witness and, therefore, same can be used for contradicting witness. [Ramcharan v. State of M.P., (2023) 2 SCC 163]

Insolvency and Bankruptcy Code, 2016 — Ss. 238-A and 9 — Non-consideration of developed law on the applicability of S. 18 of the Limitation Act to IBC proceedings: Effect of non-consideration of developed law on the applicability of S. 18 of the Limitation Act to IBC proceedings, explained. [SVG Fashions (P) Ltd. v. Ritu Murli Manohar Goyal, (2023) 2 SCC 205]

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — S. 24(2): Lapse of acquisition proceedings is not occasioned where acquisition proceedings were subject-matter of litigation and because of that authority could not take possession of lands in question. [LAO v. Suresh B. Kapur, (2023) 2 SCC 155]

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 — Ss. 17 and 18 r/w Ss. 13(2) and 13(4): Invocation of writ jurisdiction, against the order of Debt Recovery Tribunal dismissing application of respondent borrower is not permissible. Proper remedy thereagainst is that of appeal provided under S. 18 of the 2002 Act. [Varimadugu Obi Reddy v. B. Sreenivasulu, (2023) 2 SCC 168]

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