Supreme Court May 2023| Maharashtra political crisis, Delhi versus Centre, Irretrievable Breakdown of Marriage; Senior Designation, Sexual Harassment at workplace, and more

May 2023 was quite an eventful month, as the Supreme Court of India, in only 14 working days, delivered more than 100 judgments, including 4 important Constitution Bench matters and also concluded the hearing in the momentous Marriage Equality matter. While 2 judges retired and 2 joined the Bench, 3 judges due to officially retire during summer vacation, also sat in bench for the last time.

supreme court may 2023

“If the working environment continues to remain hostile, insensitive and unresponsive to the needs of women employees, then the Act will remain an empty formality. If the authorities/managements/employers cannot assure them a safe and secure work place, they will fear stepping out of their homes to make a dignified living and exploit their talent and skills to the hilt. It is, therefore, time for the Union Government and the State Governments to take affirmative action and make sure that the altruistic object behind enacting the PoSH Act is achieved in real terms.”

Justice Hima Kohli

Aureliano Fernandes v. State of Goa, 2023 SCC OnLine SC 621


Maharashtra Political Crisis

SC Constitution Bench holds Governor justified in inviting Eknath Shinde to form Government; 7-judges bench to reconsider Nabam Rebia judgment

The five Judge Constitution Bench of the Supreme Court has upheld the Governor’s decision of inviting Eknath Shinde to form the Government in the State of Maharashtra and has refused to quash Udhav Thackeray’s resignation as it was submitted voluntarily before the floor test. This Explainer not just provides a Bird’s-Eye view of the Supreme Court Judgment for easy reference but also gives a detailed point-wise breakdown of each issue.

Read more…

Delhi vs Centre

Delhi Government has administrative control over transfers and postings of civil servants in NCTD

In the spirit of cooperative federalism, the Union must exercise its powers within the boundaries created by the Constitution. NCTD, having a sui generis federal model, must be allowed to function in the domain charted for it by the Constitution. The Union and NCTD share a unique federal relationship. It does not mean that NCTD is subsumed in the unit of the Union merely because it is not a “State”.

Read more…

Irretrievable Breakdown of Marriage

Irretrievable Breakdown of Marriage: Decoding Supreme Court judgment on grant of divorce under Article 142 of Constitution; waiver of 6 month’s cooling off period

Given the expansive amplitude of power under Article 142(1) of the Constitution, the exercise of power must be legitimate, and clamours for caution, mindful of the danger that arises from adopting an individualistic approach as to the exercise of the Constitutional power, observed the Supreme Court.

Read more…

Also read: Supreme Court invokes Article 142 of the Constitution to grant mutual consent divorce


Supreme Court Constitution Bench holds Jallikattu, Kambala and bull –cart racing legal

The Supreme Court said that this decision on the Tamil Nadu Amendment Act would also guide the Maharashtra and the Karnataka Amendment Acts. Thus, it held that all the three Amendment Acts are valid legislations.

Read more…


Manipur Violence

SC directs State to ensure medical care, basic amenities, rehabilitation measures and protect places of worship

The Court expressed its concerns over the loss of human life and destruction of the homesteads and places of worship.

Read more…

Centre and State Government file status report; Supreme Court directs authorities to ensure peace and tranquility

The status report indicated the steps taken to bring normalcy to the law and order situation in the State, security measures taken for protecting religious places and details of relief camps.

Read more…

Inauguration of New Parliament Building

Supreme Court refuses to entertain plea questioning inauguration of new Parliament building by PM Modi and not by President Droupadi Murmu

Supreme Court said that the petitioner has no locus to file the petition to sought inauguration of new Parliament building by the President and not the Prime Minister of India and that he should be grateful that the Court is not imposing any costs on him.

Read more…

Bilkis Bano

SC rebukes convicts for attempting to avoid Bench from hearing case; Government agrees to produce remission records of premature released convicts

The Court noted that the convicts have been making attempts to avoid the Bench from hearing the case.

Read more…

Kanimozhi Karunanidhi

Here’s why Supreme Court upheld DMK MP Kanimozhi Karunanidhi’s election from Tamil Nadu’s Thoothukudy

DMK MP Kanimozhi Karunanidhi’s election was challenged on the ground that she had intentionally supressed the information about the payment of income tax of her spouse.

Read more…

The Kerala Story

SC stays West Bengal’s order imposing ban on screening of ‘The Kerala Story’; also directs Tamil Nadu Government to provide adequate security to cinema halls displaying the film

The Court said that the prohibition imposed on the film by West Bengal suffered from over breadth.

Read more…

Cash for Job Scam

Supreme Court judgment allowing ED probe against TN Minister Senthil Balaji in Cash for Job Scam

What was compromised between the complainant and accused is not just their disputes, but justice, fair play, good conscience and the fundamental principles of criminal jurisprudence. In fact, the case at hand is one where there are two teams, but no one knows who is playing for which team and where the match was fixed.

Read more…

Prakash Singh Badal

Explained| Why Supreme Court quashed forgery, cheating case against late Prakash Singh Badal and son Sukhbir

The Supreme Court’s decision shall not affect the pending proceedings before the High Court of Delhi against the order of the ECI as the Court did not express anything on the Constitution of the Shiromani Akali Dal.

Read more…

Beant Singh Assasination

Supreme Court refuses to commute death penalty of Balwant Singh

The Supreme Court also directed the competent authority to deal with the mercy petition later and take further decision as and when deemed necessary.

Read more…

BJP Leader Kailash Vijayvargiya

Why Supreme Court directed re-examination of rape complaint against BJP leader Kailash Vijayvargiya

Supreme Court went into the depths of Chapter 12 of Code of Criminal Procedure regarding a complaint case before Magistrate and the case laws around them.

Read more…

BJP Leader Brij Bhushan

SC disposes of petition against BJP MP Brij Bhushan after Delhi Police registers FIR in sexual harassment case

The Court said that the purpose of the petition was to register FIR against Brij Bhushan, which has been served.

Read more…

Cricketer Mohammed Shami

Supreme Court issues notice in plea filed by Mohammed Shami’s wife seeking Uniform Laws for Divorce

Mohammed Shami’s wife Hasin Jahan filed plea before the Court to declare certain provisions of Muslim Personal Law (Shariat) Application Act, 1937 as unconstitutional.

Read more…

M.M. Dhonchak, Presiding Officer – DRT, Chandigarh

SC expresses displeasure over petition filed by DRT, Chandigarh Presiding Officer M.M. Dhonchak; dismisses petition challenging P&H High Court Order

The Supreme Court said that it was unfortunate that Mr. Dhonchak had filed the petition against the order of Punjab and Haryana High Court.

Read more…

AAP Leader Satyendar Jain

Interim bail to AAP leader Satyendar Jain for 6 weeks on medical grounds

As per reports, Jain was admitted to ICU on Thursday after collapsing in the prison due to dizziness.

Read more…

Gujarat Judges’ Promotion

Supreme Court stays Gujarat Govt’s ‘rushed’ decision to promote judicial officers as District Judges; says ‘State could’ve waited till next hearing’

The Gujarat Government had issued the impugned Notification dated 18.04.2023 during the pendency of the present writ petition and after receiving the notice issued by the Court. The Supreme Court observed that the State Government could have waited till the next date of hearing which was on 28.04.2023.

Read more…



Supreme Court judgment on Electricity Act 2003: Duty to supply electricity, Subsequent versus previous occupier, Recovery of arrears, and more

The ruling came in a batch of cases where new owners of properties, purchased in auction sales, have been denied electricity connections due to the previous owners’ failure to pay their electricity dues.

Read more…

Judicial Officers’ pension

Supreme Court’s Recommendations, Compliance Timeline and Key Observations

“To be truly unified both in form and in substance, there must be integration in terms of pay, pension and other service conditions between the District Judiciary, the High Courts and the Supreme Court. Hence, any increase in the salary of the judges of the High Court must reflect in the same proportion to the judges in the District Judiciary.”

Read more…

Senior Designation

“Voting by secret ballot should not be the rule but clearly an exception”; Supreme Court modifies guidelines for designation of Senior Advocates

Supreme Court said that the process of improvement is a continuous one and that it learns from every experience. This ruling is one more step in the fine-tuning system of designation of Senior Advocates, and it hopes it achieves the purpose.

Read more…


Does everything said by a Judge while giving judgment constitute a precedent?

Supreme Court said that the distinction between obiter dicta and ratio decidendi in a judgment, as a proposition of law, has been examined by its several judgments.

Read more…

Sexual Harassment at workplace

“Assure women safe & secure workplace or they will fear stepping out”; SC issues directions for PoSH Act implementation

The Supreme Court attributed the reluctance on the part of victims of Sexual Harassment at workplace to report the misconduct to, (i) uncertainty about who to approach under the Act for redressal of their grievance; and (ii) lack of confidence in the process and its outcome.

Read more…

Rights of Persons with Disabilities

SC’s direction to Uttarakhand Public Service Commission to provide scribe helps Judicial Service aspirant with writer’s cramp in appearing Preliminary Examination

The Court noted that the All-India Institute of Medical Sciences had issued a certificate to the petitioner indicating that he is suffering with writers’ cramp.

Read more…



Notice invoking arbitration issued prior to 2015 Amendment but application filed post Amendment: SC resolves enigma around applicability of A&C Act

Upholding the Telangana High Court judgment, the Supreme Court held that the law prevailing prior to the Arbitration and Conciliation (Amendment) Act, 2015 shall be applicable in a case where the notice invoking arbitration is issued prior to the Amendment Act, 2015.

Read more…

Seeking appointment of Arbitrator beyond three years is barred by limitation

Supreme Court said that whether any particular facts constitute a cause of action has to be determined with reference to the facts of each case and with reference to the substance, rather than the form of the action. If an infringement of a right happens at a particular time, the whole cause of action will be said to have arisen then and there.

Read more…

Company Law

Section 140(5) of the Companies Act constitutional; Proceedings do not come to an end on resignation/ removal of an auditor

Supreme Court observed that if the interpretation that once an auditor resigns, the proceedings under Section 140(5) stand terminated and are no longer further required to be proceeded, an auditor may resign to avoid Tribunal’s final order and its consequence as provided under the second proviso to Section 140(5).

Read more…

Insolvency and Bankruptcy

Operational Creditors must be paid equivalent amount as per Section 53 of the IBC in case of liquidation of Corporate Debtor

The Court said that Vistra ITCL (India) Ltd. would be treated as a secured creditor in terms of Section 52 and 53 of the IBC, and would be entitled to retain the security interest in the pledged shares.

Read more…

Comity of Courts

SC holds NRI father guilty for contempt of Court as his misrepresentation before Foreign Court leads to dishonouring Principle of Comity of Courts

The contempt petition against the US resident was outcome of matrimonial dispute as he had committed breach of settlement orders and showed scant respect for the Court by defying the orders of the Court.

Read more…

Criminal Investigation, Trial and Justice

Last seen evidence does not lead to irrevocable conclusion without complete chain of evidence establishing guilt; SC acquits convict in a 23-year-old murder case

The Court said that the prosecution failed to prove the case beyond reasonable doubt and the case did not pass the standard required in a case of circumstantial evidence.

Read more…

Honour Killing | Supreme Court commutes death sentence of man who killed newly married sister and her paramour

“It is well-settled law that awarding of life sentence is a rule and death is an exception. The application of the rarest of rare case principle is dependent upon and differs from case to case.”

Read more…

‘Failure to put material circumstances before accused amounts to serious irregularity’; Supreme Court set aside conviction in 27-year-old murder case

Supreme Court proceeded with the fact that the only circumstance appearing against the appellant was not put to him in the statement under Section 313 of CrPC.

Read more…

Supreme Court rejects plea of grave and sudden provocation of mother who administered poison to children in suicide attempt

“There is no valid reason ground for the state not accepting the recommendation of the State level Committee for premature release of the Appellant. Supreme Court is not oblivious to the crime but they are equally not oblivious to the fact that the Appellant has already suffered at the cruel hands of fate.”

Read more…

Supreme Court considers medical condition; grants bail under NDPS Act

The Supreme Court observed that the petitioner was on a ventilator earlier but was discharged due to non-availability of proper medical treatment in the prison.

Read more…

Supreme Court grants anticipatory bail to Police Constable in a Destruction of Property and Dacoity case

Supreme Court considered the fact of inordinate delay of 3 years in filing the FIR.

Read more…

Further Investigation permissible even after the final report laid before the Magistrate has been accepted

The Supreme Court made clear that further investigation cannot be put at par with prosecution and punishment and hence, the principle of double jeopardy would not apply.

Read more…

Right to default bail under S. 167(2) CrPC cannot be denied by filing chargesheet without completing investigation

The right of default bail under Section 167(2) of the CrPC is not merely a statutory right, but a fundamental right flowing from Article 21 of the Constitution of India, observed the Supreme Court.

Read more…


Supreme Court stays Allahabad HC order directing UP Schools to refund or adjust 15 % school fees paid during Covid-19 pandemicv

Supreme Court stayed the operation of the Allahabad High Court’s judgment to the extent it directs refund of the fee paid to ex-students, till the next date of hearing.

Read more…

UP Intermediate Education Act | Amended Regulation 17 applicable on pre-existing vacancies awaiting DIOS approval: Supreme Court

The Supreme Court did not find any place for a ‘deemed appointment’ and held that the selection process concludes only after the mandatory approval of the DIOS is granted.

Read more…

Frivolous Litigation

“Courts can’t be used to settle personal scores”; SC imposes Rs 1 Lakh cost on ISCKON Kolkata officials for filing frivolous litigation against Bangalore counterparts

The Supreme Court observed that just as bad coins drive out good coins from circulation, bad cases drive out good cases from being heard on time.

Read more…

Land Grabbing

Absence of specific guidelines in ‘land grabbing cases’ may bestow police officers with unguided powers; Supreme Court suggests TN to enact legislation

The Supreme Court observed that if the State Government is so conscious or interested in taking action against land grabbers, it is the discretion of the State Government to bring or better the appropriate legislation with the definition of ‘land grabber’, ‘land grabbing’ and ‘land grabbing cases.

Read more…


SC rejects Centre’s plea challenging maintainability of Meghalaya’s suit to declare provisions of Lotteries Regulation Act as ultra vires

The Court said that the grievances raised by the State of Meghalaya in the context of its right to do business in lotteries under Article 298(b), would constitute disputes, which fall squarely within the four corners of Article 131 of the Constitution.

Read more…

Property law

Whether stamp duty payable on sale deed to be calculated as per prevailing market value of property on execution date? Supreme Court answers

“Stamp Act in its application to Uttar Pradesh has been amended by the UP (Stamp Amendment Act 1952) and Article 23 of Schedule IB as applicable to UP.”

Read more…

Supreme Court determines if Section 52A of Wakf Act, 1995 has retrospective application or not

“Expression Whoever alienates or purchases or takes possession of, which is the opening phrase of Section 52A of the Wakf Act, 1955, cannot be read or construed to include possession taken in the past, which resulted in continued possession, when the provision was enacted.”

Read more…

Service Law

Service rendered as work charged after regularisation of service shall be counted for pensionary benefits

Supreme Court observed that allowing the instant appeal would tantamount regularizing the appellants’ services as work charged from the initial appointment.

Read more…

Candidates for post of private secretaries at Delhi HC entitled to notional seniority in accordance with revised marks

Supreme Court said that there was no fault on the part of the appellants. It was because of the wrong marking at the relevant time that they were deprived of the appointments, and they were not placed in the merit list, and such was required to be corrected on the revision of the marks on re-evaluation.

Read more…

Reservation in favour of residents of a State permissible, but wholesale reservation unconstitutional

Supreme Court said that the State Government may examine the data of last few years, to come to a realistic finding as to what should be the extent of these reservations. A wholesale reservation is not serving any purpose, rather it frustrates the very purpose of the reservation

Read more…

Rajasthan Civil Judge Recruitment| SC delivers Split verdict on considering candidature of OBC-EWS candidates despite belated submission of category certificates

Justice Ajay Rastogi and Bela M. Trivedi delivered their split verdicts while examining the challenge raised against the Judgment of Rajasthan High Court, dismissing the appeals of the qualified candidates of OBC, EWS category.

Read more…

SC upholds Calcutta High Court’s order directing the STC, Calcutta to release employee’s pension

The Court said that for any fault on the part of the employer, the employees cannot be made to suffer.

Read more…

Supreme Court upholds ISRO Scientist’s dismissal from service in the interest of Security of the State

The Court observed that not the unauthorised absence but the unauthorised association with foreign institution was a matter of concern for the security of the State.

Read more…

Supreme Court| Allopathy/ Ayurved Doctors not on a par with MBBS Doctors; Can’t claim equal pay

“The principle of equal pay for equal work cannot be invoked or applied invariably in every kind of service and certainly it cannot be invoked in the area of professional services when these are to be compensated”

Read more…

Scheduled Castes and Tribes

Non- Tribals can settle down and vote in Scheduled Areas

Supreme Court held that the power of the Governor under Clause 5 of the Fifth Schedule does not supersede the Fundamental Rights under Part III of the Constitution of India.

Read more…

Does ‘Caste based insult’ include calling person belonging to Scheduled Caste or Tribe “Bewakoof”, “Murkh”, “Chor”? Supreme Court answers

The Supreme Court observed that it is desirable that before an accused is subjected to a trial for alleged commission of offence under section 3(1)(x), the utterances made by him in any place within public view are outlined, if not in the F.I.R., but at least in the charge-sheet so as to enable the court to ascertain whether the charge sheet makes out a case of an offence.

Read more…


‘Pre-import condition’ in Foreign Trade Policy not arbitrary; must be fulfilled to avail tax exemption benefits

The Court said that to avail exemption benefits, two conditions were to be fulfilled, one, – that the exports made under the Advance Authorizations, were physical exports in nature, and the other, that there must be fulfillment of ‘pre-import condition’.

Read more…

Supreme Court’s Split verdict on Settlement Commission’s jurisdiction in case of seized goods mentioned under Section 123 of the Customs Act 1962

Supreme Court was called upon to decide whether a settlement remedy under Section 127-B of the Customs Act, 1962, would be available for the seized goods, which are specified under Section 123 of the said Act, the bench of Krishna Murari and Sanjay Karol, JJ gave a spilt verdict and referred the matter to a larger bench.

Read more…

Small-scale industries not exempted from sales tax for tea blending after amendment, holds SC; delivers split verdict doctrine of legitimate expectation aspect

“When a legitimate expectation of a specific outcome is created by a public authority, the said public authority is required to take into account such expectation created by it when making a decision that affects the interests of the individual or group”- Justice Krishna Murari

Read more…


[Mumbai E-Bus Tender] SC rejects TATA Motor’s plea allows BEST to accept EVEY Trans Tender

“The Courts should not use a magnifying glass while scanning the tenders and make every small mistake appear like a big blunder. In fact, the courts must give ‘fair play in the joints’ to the government and public sector undertakings in matters of contract”.

Read more…

Town Planning, Housing and Development

Development Authorities cannot levy charges other than provided in Section 15(2-A) of U.P Urban Act, 1973; such levy is hit by Article 265 of Constitution

The Supreme Court said that the State can permit the Development Authorities to levy only those development charges which are mentioned in the Section 15(2-A) of the Uttar Pradesh Urban Planning and Development Act, 1973.

Read more…

SC upholds NCLAT’s ‘project-wise-resolution’ process order in Supertech Insolvency; allows it to complete housing projects

The Court said that if Committee of Creditors would be constituted for all projects of Supertech, it will cause immense hardships to the home buyers and will throw ever project into uncertainty.

Read more…

[WBHIRA ultra-Vires of RERA] All complaints filed before WB HIRA Authority stand transferred to RERA

Supreme Court said that any person aggrieved by an order passed under WBHIRA will be at liberty to pursue the corresponding remedy which is available under the RERA.

Read more…

Supreme Court grants interim relief to homebuyers for deferred payment of EMIs till possession of homes

The Court granted interim relief to the homebuyers viewing the interim protection granted by the Delhi High Court vide order dated 25-05-2022.

Read more…

Supreme Court upholds validity of Tamil Nadu Highways Act, 2001

The Supreme discussed the very foundation of Article 254(2) of the Constitution and commented that comparing two legislations of State and Centre would be akin to comparing chalk and cheese, i.e., two essentially unequal entities.

Read more…


Justice Sanjiv Khanna

Going by the seniority rule of the Supreme Court Judges, Justice Sanjiv Khanna is in line to become the next Chief Justice of India in November 2024.

Read more…

Justice A.S. Bopanna

Justice A.S. Bopanna, who started his legal career in the year 1984, is the first person from Coorg district in Karnataka to be elevated to the Supreme Court.

Read more…

Justice Abhay Shreeniwas Oka

Looking into Justice Abhay S. Oka’s life, career and important judgments which have been instrumental in protecting the rights of marginalized communities and promoting freedom of expression, thereby making him a harbinger of social change and preserver of administrative accountability.

Read more…

Justice Pamidighantam Sri Narasimha

Justice P.S. Narasimha whose tenure as an advocate is full of landmark cases, became the 9th advocate to be directly elevated from the Bar to the Supreme Court judgeship.

Read more…

Justice Ahsanuddin Amanullah

Justice Ahsanuddin Amanullah is the sitting judge of the Supreme Court of India. He was elevated to the Supreme Court in February 2023. He has formerly served as a Judge in Patna High Court and Andhra Pradesh High Court.

Read more…

Justice Prashant Kumar Mishra

Justice Prashant Kumar Mishra, started his legal career from the District Courts and High Courts of Madhya Pradesh and Chhattisgarh and was later appointed as the Chief Justice of Andhra Pradesh High Court.

Read more…

Justice K.V. Viswanathan

On 19-05-2023, Justice K.V. Viswanathan became one of the few lawyers, who were elevated directly from the Bar to the Judgeship of the Supreme Court of India. With Justice Viswanathan’s elevation, the Collegium hopes to enhance the representation of the Bar in the Supreme Court.

Read more…


Justice Dinesh Maheshwari, a First-Generation Judge with a Legacy of Legal Excellence, retires

Justice M.R. Shah Retires: A Look at his Dynamic Tenure and Decisions

Shayaris, Memories and Blessings- When Supreme Court bid farewell to Justice K.M Joseph, Justice Ajay Rastogi and Justice V. Ramasubramanian


Supreme Court invites bids to implement AI to transcribe arguments and proceedings

The bids have been invited from experienced firms for Design, Development and implementation of AI solutions, tools.

Read more…

SC Recruitment cell pushes Law Clerk-cum-Research Associates Examination 2023 to June 4; shares ‘Sample guide’ of questions and answers

The two-Part Law Clerk-cum-Research Associates Examination, that was earlier scheduled to be conducted on 27-05-2023, will now be conducted in pen and paper mode on Sunday, 04-06-2023 in two shifts.

Read more…

Must Watch

maintenance to second wife

bail in false pretext of marriage

right to procreate of convict

Criminology, Penology and Victimology book release

Join the discussion

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.