Supreme Court June 2023| New Mentioning/Listing Procedure; Rape Victim’s mangal dosh; Coal India versus CCI; Bike Taxi Ban; Enrolment of Advocates; and more

The month of June was a vacation month for the Supreme Court. The Vacation Benches, nevertheless, assembled to pass some orders in important and urgent matters. The retiring judges of the Supreme Court also delivered some important judgments. This roundup covers reports on these judgments and orders and some special posts on the Judges, the Never reported Judgments, interesting cases from SCC Archives, and more.

supreme court june 2023

Unmissable Stories

Supreme Court adopts new procedure for mentioning, listing of fresh cases from July 3

The Supreme Court directed the Circular to be provided to Supreme Court Bar Association and Supreme Court Advocates-on-Record Association, and further requested them to display it on the Notice Boards for information to the Members of the Bar.

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Supreme Court stays Allahabad High Court order seeking report on rape victim’s mangal dosh

The Allahabad High Court had directed the Astrology Department of Lucknow University to determine if the alleged rape victim is a Mangalik, after the accused refused to marry her due to her Mangal Dosh.

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[Bike Taxi Ban] Supreme Court reinstates ban on Uber bike, Rapido in Delhi

The Delhi Government had come up with a ban on 2-wheeler taxis in the National Capital, which was stayed by the Delhi High Court. In a recent development, the Supreme Court reversed the High Court’s order and brought the stay on bike taxis back.

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Why Coal India Limited lost legal battle against CCI: Supreme Court verdict explained

Coal India Limited and its subsidiary Western Coalfields Limited had contended that they cannot be bound by the Competition Act, 2002 as both are governed by the Coal Mines (Nationalization) Act, 1973. The Supreme Court held that the Competition Act applies to State monopolies, Government Companies and PSUs.

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West Bengal Panchayat Polls: Supreme Court upholds Calcutta HC order directing deployment of Central Forces

Supreme Court asked the State Election Commission that why it is concerned with the source of the forces, as its primary concern must be free and fair elections.

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SC defers hearing ED’s plea against Madras HC order in Senthil Balaji’s Habeas Corpus petition

S Megala, wife of V. Senthil Balaji, who has been arrested by the Directorate of Enforcement in a money laundering case, filed a habeas corpus petition, wherein the Madras High Court agreed to an urgent hearing, leading to the present SLP by ED before the Supreme Court.

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BCI rule mandating Law degree from recognised College for enrolment as an Advocate, valid

The Supreme Court held that the rule framed by BCI requiring a candidate for enrolment as an Advocate to have completed his law course from a college recognized/ approved by BCI cannot be said to be invalid.

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Lack of basic amenities in Nilgiris Court Complex: Supreme Court seeks detailed report from Madras High Court

The main concern of the women lawyers is over shrinking of the space or facilities allocated to them in the Nilgiris court complex.

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Supreme Court grants interim bail to Ex-Encounter Specialist Pradeep Sharma

Supreme Court allowed the interim bail to Pradeep Rameshwar Sharma in Mansukh Hiren murder case to attend to the treatment of his ailing wife for reversal of Gastric Bypass surgery.

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Existence & Validity of Arbitration Agreement: Scope of Referral Court’s jurisdiction at the Pre-referral stage

In the case at hand, the Delhi High Court had referred the disputes for arbitration without conclusively deciding the issue of the existence and validity of an arbitration agreement and had left it to be decided by the arbitral tribunal.

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Auction and Bidding

Purpose of Auction is to give an opportunity to intending bidders to participate and fetch higher realizable value of a property

The process of bidding takes place in a situation where large number of people show their willingness to buy a particular product or a service and auction is a process that involves buying and selling goods and services by offering them for bids, taking bids and selling the item to the highest bidder.

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Criminal Investigation, Trial and Justice

Chain of Circumstantial evidence must be complete in all aspects to indicate guilt of accused

The Supreme Court was of the view that the High Court ought to have interfered with the conviction when it found one of the links in circumstantial evidence missing and not proved, respecting the settled law in this regard.

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‘No extension of time for Investigation should be prayed for at the last moment’; holds SC in an eye-opening case for NIA, State Police

Supreme Court also reiterated that the grant of sanction is nowhere contemplated under Section 167 of the CrPC.

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“Courts below failed to evaluate testimonies on settled legal principles, resulting in grave miscarriage of Justice”; SC sets aside conviction in 22-year-old murder case

The Court said that the case in hand was a quintessential case where to solve a blind murder, occurring in a forest in the darkness of night, bits and pieces of evidence were collected.

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Civil procedure

Rented Shop belonging to Third Party cannot be accepted as Security by surety

In the case at hand, the Security was a ‘shop’, which was not owned by the surety, but by the Municipal Corporation, Lucknow.

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In a suit for partition, Civil Court cannot go into the question of title, unless the same is incidental to fundamentals of claim

The Court said that allegations of fraud require special pleadings in terms of Order VI, Rule 4 CPC, 1908.

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Rules 97, 98 and 101 of Order 21 of CPC enable Executing Court to adjudicate inter-se claims of decree holder and third parties

Supreme Court commented that “The situation is indeed disquieting, viewed from the perspective of the decree holders, but the law, as it stands, has to be given effect whether the court likes the result or not.”

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Company Law

Supreme Court’s verdict on constitutionality of Section 327(7) of Companies Act vis-à-vis preferential payment of dues to workers after liquidation

The Supreme Court said that it cannot adopt a doctrinaire approach. Some sacrifices have to be always made for the greater good, and unless such sacrifices are prima facie apparent and ex facie harsh and unequitable as to classify as manifestly arbitrary, these would not be interfered with by the court. Thus, no priority can be given to workers’ dues after liquidation of the company under the IBC.

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RIICO not a statutory body but a Company brought into being under the Companies Act, 1956 by State of Rajasthan

The Supreme Court further held that when the actions of a Committee constituted by Cabinet are validated by the Council of Ministers and the rest of the Council, it ensures that the Rules of Business were followed by the State Government in the course of decision-making process.

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Consumer Protection

“Theft on train not deficiency in service by Railways”; Supreme Court sets aside concurrent orders by NCDRC, SCDRC and District Consumer Forum

Supreme Court expressed that “We fail to understand as to how the theft could be said to be in any way a deficiency in service by the Railways.”

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Contract Law

Whether contracts entered in name of President are immune from provisions protecting against conflict of interest of a party to contract?

Supreme Court refused to give effect to the appointment of an officer of the Ministry of Law and Justice as an arbitrator.

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Property Rights

Whether power of attorney, will, agreement to sell can be recognised as title documents conferring rights in any immovable property?

Supreme Court said that the entry of the appellant over part of the suit property is simply as a licencee of the respondent. He does not continue to occupy it in the capacity of the owner. Thus, the licence having been terminated, he has no right to remain in possession but to restore possession to the person having rightful possessory title over it.

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Supreme Court’s decision on Liability for payment of Stamp Duty in Immovable Property Sale Deeds

The Supreme Court ruled that the value of the plant and machinery must be considered and ascertained for payment of stamp duty on sale deeds.

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Confusing facts; unanswered issues: SC asks Allahabad HC to decide long drawn land dispute between State and Private parties within a year

The saga of twists and turns in facts of the matter starting with a lease deed, revenue entries, compensation, expunction orders, and what not? The series of developments over the past 100 years of suit land even cautioned the Supreme Court from deciding the matter casually.

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Railway Compensation

Mere absence of railway ticket on deceased does not negate them of being a bonafide passenger

‘Passenger’ would include a person who has purchased a valid ticket for travelling by a train carrying passengers on any date or a valid platform ticket and becomes a victim of an untoward incident.

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Rent Control and Eviction

Late payment of Rent as per direction of Revenue Court, a valid ground for eviction of Cultivating Tenant under Tamil Nadu Cultivating Tenant Protection Act

The Court said that Section 4 of the Tamil Nadu Cultivating Tenant Protection Act provides for restoration of possession only in limited cases and that too when the default is of only one year of lease amount to be paid.

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Service Law

Mere publication of Additional List does not create any right to be appointed in enlisted candidates’ favour

The Supreme Court set aside the Karnataka High Court verdict wherein it was held that the State failed in its obligation to inform the respondent about the existence of the vacancy that has arisen….

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Social Welfare

SC reminds Police to be vigilant before invoking stringent laws like SC-ST Act; expresses concern over litigants criminalising civil disputes

“The huge and unexplained delay of over 60 years in initiating dispute with regard to the ownership of the land, and the criminal case being lodged only after failure to obtain relief in the civil suits, coupled with denial of relief, reeked of malafide on the part of the complainant.”

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Understanding Supreme Court judgment on sales tax on credit note issued to dealers for warranty replacements

In a 106 pages long verdict, the Supreme Court has decided whether a credit note issued by a manufacturer to a dealer of automobiles in consideration of the replacement of a defective part, using spare parts from dealer’s own stock or from an open market, in the automobile sold pursuant to a warranty agreement being collateral to the sale of the automobile, will be exigible to sales tax….

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Transaction doesn’t become stock in trade merely based on recording of inventory in books of accounts; SC asks ITAT to consider relevant factors afresh

Supreme Court reiterated that to examine whether a particular transaction is sale of capital assets or business expense, multiple factors like frequency of trade and volume of trade, nature of transaction over the years etc., are required to be examined.

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Can assessee take total contract value and remit service tax on value as ‘works contract service’?

As the service tax needs to be computed in terms of Rule 2A of the Service Tax (Determination of Value) Rules, 2006 and as the assessee has not opted for the composition scheme, the matter is remitted back to the CESTAT for re-computation of the demands.

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Supreme Court’s verdict in Nycil Prickly Heat Powder case

Supreme Court said that the legislative intent was that all kinds of talcum powders, which contained medications irrespective of the proportion, or at any rate, not containing predominant proportions should necessarily be treated as cosmetics, falling under Entry 127.

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Know Thy Judge

Justice Bela Madhurya Trivedi

Justice Bela M. Trivedi, who was appointed as a Supreme Court Judge in 2021, is the first woman Judge from Gujarat High Court to be elevated to the Supreme Court and a Limca Book of Records holder.

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Justice Jitendra Kumar Maheshwari

In August 2021, Justice J.K. Maheshwari became the first Chief Justice from Sikkim High Court to be elevated to the Supreme Court.

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Justice Pankaj Mithal

Sitting Judge of the Supreme Court of India, Justice Pankaj Mithal is a third- generation lawyer, a second-generation Judge and is also a writer of note.

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Justice Manoj Misra

Justice Manoj Misra is the sitting judge of the Supreme Court of India. He was elevated to the Supreme Court in February 2023 and has formerly served as a Judge in the High Court of Judicature at Allahabad.

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Never Reported Judgments

‘Undertaking’ of licensee does not come to an end on revocation of licence under S.5 of Electricity Act, 1910

This report covers the Supreme Court’s Never Reported Judgment, dating back to the year 1950, on Section 5 of the Electricity Act, 1910

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From the SCC Archives

1978 Geeta and Sanjay Chopra Kidnapping and Murder case: The chilling story of Ranga and Billa’s sensational crime

“The survival of an orderly society demands the extinction of the life of persons like Ranga and Billa who are a menace to social order and security. They are professional murderers and deserve no sympathy even in terms of the evolving standards of decency of a maturing society.”

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SCC Weekly

2023 SCC Vol. 5 Part 1

2023 SCC Vol. 5 Part 3

2023 SCC Vol. 5 Part 4

2023 SCC Vol. 5 Part 5

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