2023 scc vol. 5 part 4

Constitution of India — Arts. 32, 14, 19 and 21 — Challenge to judgment of Supreme Court — Maintainability: Approach and duty of Court while determining maintainability of challenge to judgment of Supreme Court in the light of principle of ex debito justitiae vis-à-vis the principle of finality of issues in collateral proceedings. [HDFC Bank Ltd. v. Union of India, (2023) 5 SCC 627]

Criminal Procedure Code, 1973 — Ss. 313(1)(b) and 313(5) [as inserted in 2009] — Examination of accused — Preparation of relevant questions: Principles summarized relating to duty of court after insertion of S. 313(5) which enables court to take assistance of Public Prosecutor and defence counsel. [Premchand v. State of Maharashtra, (2023) 5 SCC 522]

Energy, Power and Electricity — Electricity — Tariff — Jurisdiction of Commission vis-à-vis tariff determination — Scope of: Mere agreement on tariff, tenure and quantum i.e. in absence of contemplated power purchase agreement (PPA) cannot be considered as a concluded/binding contract falling within the ambit of S. 27(2) proviso of the Karnataka Electricity Reforms Act, 1999 i.e. to oust the jurisdiction of Commission. [Karnataka Power Transmission Corpn. Ltd. v. JSW Energy Ltd., (2023) 5 SCC 541]

Evidence Act, 1872 — S. 106 — Facts proved to be within special knowledge of accused: Principles summarised relating to effect of failure of accused to throw any light upon facts proved to be within special knowledge of accused and circumstances when accused does owe explanation under S. 106. [Ram Gopal v. State of M.P., (2023) 5 SCC 534]

Juvenile Justice (Care and Protection of Children) Act, 2015 — S. 2(12) — Plea of Juvenility: Principles clarified relating to effect of determination of juvenility after conviction at stage of appeal, on status of trial, conviction and sentence recorded by trial court and appellate court. [Karan v. State of M.P., (2023) 5 SCC 504]

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