TOP STORIES
Pregnant person’s consent, physical and mental health in decisions of reproductive autonomy and termination of pregnancy is paramount: Supreme Court
In an appeal against the judgment of Bombay High Court, wherein the Court denied the minor daughter of the appellant permission to terminate her pregnancy, who is alleged to have been subjected to sexual assault in September 2023, the three- judge bench of Dr. DY Chandrachud, CJI., JB Pardiwala and Manoj Misra JJ. has recalled its earlier directions permitting the termination of the pregnancy. The Bench reversed its order after the parents of the girl raised health-related concerns for the minor. Read more
[SCBA Elections] Supreme Court allows Election Committee to count votes on 16-05-2024 instead of 18-05-2024 as directed in previous order
In the matter concerning the Supreme Court Bar Association (‘SCBA’) elections, the division bench of Surya Kant and K.V. Viswanathan, JJ. has allowed the Election Committee to count votes on 16-05-2024. The result is to be declared on 19-05-2024. Read more
‘No apparent error’: SC dismisses review petitions of verdict upholding the abrogation of Article 370
The five Judge Bench compromising of Dr. DY Chandrachud, CJ., Sanjiv Khanna, BR Gavai, Surya Kant and AS Bopanna, JJ. dismissed the review petitions of the verdict upholding the abrogation of the Article 370 of the Constitution of India granting special status to the State of Jammu and Kashmir. Read more
SC issues contempt notice to two NCDRC members for issuing non-bailable warrants despite SC’s interim protection
The Division Bench comprising of Hima Kohli and Ahsanuddin Amanullah, JJ. issued contempt notice to two members of the National Consumer Dispute Redressal Commission (NCDRC) for ignoring an interim order passed by the Court on 01-03-2024 and issuing non-bailable warrants against the Directors of Ireo Grace Realtech. Read more
SC sets aside Madras HC order granting bail to PFI Members accused of anti-national activities and Islamic rule agenda, etc.; Directs surrender before NIA
In a batch of criminal appeals filed by the Union of India through National Investigation Agency (‘NIA’), Chennai against the Madras High Court’s decision granting bail members of the Popular Front of India, the Bench of Bela M. Trivedi* and Pankaj Mithal, JJ. allowed the appeal and directed the accused persons who were alleged of anti-National activities, to surrender before the NIA forthwith. The Court set aside the impugned decision.
CRIMINAL LAWS
‘S. 498-A IPC cannot be applied mechanically’; SC asks Centre to make necessary changes upon considering pragmatic realities
In a criminal appeal against Punjab and Haryana High Court’s decision, whereby the High Court refused to quash the chargesheet filed against the accused husband for offences under Section 323, 406, 498-A and 506 of the Penal Code, 1860 (‘IPC’), the Division Bench comprising of JB Pardiwala* and Manoj Misra, JJ. allowed the appeal and set aside the impugned decision. The Court also quashed the criminal proceedings against the accused husband. Read more
Supreme Court acquits 5 in murder case on material omissions affecting reliability of witnesses
In a criminal appeal against the Gauhati High Court’s decision, confirming the Trial Court’s decision convicting the present appellant persons (‘convicted persons’), for offences punishable under Section 302 read with Section 149 of the Penal Code, 1860 (‘IPC’), the Division Bench of Abhay S. Oka* and Ujjal Bhuyan, JJ. allowed the appeal and set aside the impugned decisions. The Court acquitted the convicted persons of all the charges against them. Read more
Supreme Court upholds Bombay HC order convicting man for burning his wife alive; Finds no reason to doubt correctness of dying declaration
In a criminal appeal filed against the judgment and order passed by the Bombay High Court, wherein the Court had confirmed the conviction order passed by the Trial Court, wherein the convict was convicted for committing an offence punishable under Section 302 read with Section 34 of the Penal Code, 1860 (‘IPC’) and sentenced to suffer life imprisonment and to pay a fine of Rs. 25,000/- with a default stipulation, the Division Bench of Abhay S. Oka and Ujjal Bhuyan, JJ. has held that the convict is guilty of committing the offence and that the guilt has been proved beyond all reasonable doubt. Read more
IBC
Explained| Supreme Court’s verdict on Jurisdiction of Special Court presided by Sessions Judge or Add. Sessions Judge to try complaint under IBC
In an appeal against the judgment and order passed by Bombay High Court, wherein, the Court quashed complaint filed by Insolvency and Bankruptcy Board of India (‘IBBI’) on the ground that it was filed before a Special Court presided by a Sessions Judge, as in view of the subsequent amendment, the offences under the Insolvency and Bankruptcy Code, 2016 (‘Code’) shall be tried only by a Metropolitan Magistrate or a Judicial Magistrate of the First Class, the division bench of BR Gavai* and Sandeep Mehta, JJ. has held that the reference to ‘Special Court established under Chapter XXVIII of the Companies Act, 2013’ in Section 236(1) of the Code is a ‘legislation by incorporation’ and not a case of ‘legislation by reference’, thus the Special Court presided by a Sessions Judge, or an Additional Sessions Judge will have jurisdiction to try the complaint under the Code. Further, the Bench remitted the matter to the High Court to consider the petition of the respondents afresh on merits. Read more
[Financial Debt v. Operational Debt] SC clarifies when a ‘debt’ is considered as financial debt and operational debt under IBC
In a batch of civil appeals against separate judgments and orders of the National Company Law Appellate Tribunal (‘the NCLAT’), the Division Bench of Abhay S. Oka* and Pankaj Mithal, JJ., dealt with the question that, when a debt is considered as financial debt and operational debt under the Insolvency and Bankruptcy Code, 2016 (‘the IBC’). The Bench said that the test to determine whether a debt is a financial debt within the meaning of Section 5(8) is the existence of a debt along with interest, if any, which is disbursed against the consideration for the time value of money. Read more
Jaypee Infratech Resolution Plan and belated claims of Homebuyers: SC issues notice to Jaypee Infratech Ltd.
In a civil appeal against an order of the National Company Law Appellate Tribunal (‘NCLAT’), whereby the present appellant’s application against denial of his right over the flat in ‘KOSMOS society’, to be developed by Corporate Debtor- Jaypee Infratech Ltd. (JIL), was dismissed, the Division Bench comprising of Sanjiv Khanna and Dipankar Datta, JJ. issued notice to JIL. Read more
ELECTIONS
Supreme Court directs for reserving minimum 1/3rd seats for women members in Supreme Court Bar Association from 2024 elections
In a matter concerning the Supreme Court Bar Association SCBA’) elections, the division bench of Surya Kant and KV Viswanathan, JJ. viewed that notwithstanding any resolution passed by the Special General Body of SCBA, some of the posts in the Executive Committee must be reserved for women members of the Bar. Thus, the Court directed that before including for the ensuing election there shall be reservation for women members of the Bar. Read more
SC Clarifies: Order reserving seats for women members in SCBA is an experimental pilot project
In a matter concerning the Supreme Court Bar Association (‘SCBA’) elections, the division bench of Surya Kant and KV Viswanathan, JJ. has clarified that the interim order dated 02-05-2024, is on an experimental basis as a pilot project. Further, the Bench said that the difficulties, if any, to be experienced by the SCBA, in giving effect to the reforms introduced through that order, will be brought on record and will be considered along with other reforms that may be suggested by the SCBA. Read more
FAMILY LAW
Marriage Certificate a valid proof of Hindu marriage only when marriage ceremony has been performed as per S. 7 of Hindu Marriage Act: Supreme Court
In a transfer petition filed by the petitioner seeking transfer of the divorce petition under Section 13(l)(ia) of the Hindu Marriage Act, 1955 pending before the Family Court, Muzaffarpur, Bihar to Family Court, Ranchi Jharkhand, the Division Bench of B.V. Nagarathna and Augustine George Masih, JJ. has declared that the ‘marriage’ between the parties is not a ‘Hindu marriage’ having regard to the provisions of Section 7 of the Hindu Marriage Act, 1955 (‘HMA’). Consequently, the certificate issued by the Vadik Jankalyan Samiti and Certificate issued under the Uttar Pradesh Registration Rules, 2017 was declared null and void. The Court further declared that the petitioner and respondent were not married in accordance with the Act’s provisions and therefore have never acquired the status of husband and wife. Read more
SERVICE LAW
Read why SC upheld Gujarat HC’s promotion of Judicial Officers based on 65% promotional quota complying with principle of ‘Merit-cum-Seniority’
In a civil writ petition under Article 32 of the Constitution of India filed by two Civil Judges challenging the erroneous application of the principle of ‘Seniority-cum-Merit’ in the recruitment undertaken by the Gujarat High Court in the year 2022 for promotion of Civil Judges (Senior Division) to the post of Additional District Judge against 65% quota, though Rule 5(1) of the Gujarat State Judicial Service Rules, 2005 (‘2005 Rules’) stipulates that the promotion shall be based on the principle of ‘Merit-cum-Seniority’, the three Judge Bench comprising of Dr. DY Chandrachud, CJI, J.B. Pardiwala* and Manoj Misra, JJ. dismissed the petition and upheld the promotion method adopted by the High Court. The impugned final Select List dated 10-03-2023 was found to be not contrary to the principle of ‘Merit-cum-Seniority’ as stipulated in Rule 5(1)(I) of the 2005 Rules. Read more
Inside Supreme Court verdict on treatment of meritorious reserved category candidates in MP State Service Exam
In an appeal against the Judgment of the division bench of the Madhya Pradesh High Court, wherein the Court upheld the direction of the Single Judge that, based on the results of the two main examinations, a fresh list of selected candidates should be prepared in terms of the Madhya Pradesh State Service Examination Rules, 2015 (‘Rules of 2015’) for the interview, by merging and normalizing the two lists, as per the process adopted by the Madhya Pradesh Public Service Commissions (‘MPPSC’) on previous occasions, the division bench of C.T. Ravikumar and Sanjay Kumar*, JJ. while upholding the impugned judgment, held that the process of normalization and the consequential merger of the marks secured by the candidates who appeared in the two main examinations cannot be found fault with. Thus, the meritorious candidates from reserved categories, who did not avail reservation benefits, should be treated as general-category candidates based on their marks. Read more
Whether punishment of ‘compulsory retirement’ in CRPF Rules intra vires CRPF Act? Supreme Court answers
In an appeal against the judgment and order of the Division Bench of Orissa High Court, wherein the Court upheld the Single Judge order, allowed the petition of the accused on the ground that the punishment of compulsory retirement was not one of the punishments specified in Section 11 (1) of the Central Reserve Police Force Act, three-judge bench of Dr. DY Chandrachud, CJI, JB Pardiwala and Manoj Misra*, JJ. has held that the punishment of compulsory retirement prescribed by Rule 27 of the CRPF Rules is intra vires the CRPF Act and is one of the imposable punishments. Read more
Inside SC verdict on legality of advertisement issued by Bangalore University intending to follow Karnataka Civil Services (SC & ST) Rules for filling backlog vacancies
In an appeal against the judgment passed by the Division Bench of Karnataka High Court, wherein the Court has upheld the Single Judge judgment setting aside the appellant’s selection and appointment on the ground that the University specifically declared in the advertisement that the ‘Mode of Selection’ shall be as per the Karnataka State Civil Services (Unfilled Vacancies Reserved for Persons Belonging to the SC’s and ST’s) (Special Recruitment) Rules, 2001 (‘2001 Rules’). Therefore, appointment of the appellant, who did not fall in the age bracket of 29-40 years, was illegal, the division bench of PS Narasimha* and Aravind Kumar, JJ. while upholding the impugned Judgments, said that in compliance with the statutory requirement and the Governmental demand, the University issued the advertisement declaring that the ‘Mode of Selection’ shall be as per the 2001 Rules. Read more
CONSUMER PROTECTION
Consumer Protection| Advocates not liable for deficiency of services; Professionals to be treated differently from persons carrying out business and trade: SC
In an appeal filed against the impugned judgment passed by the National Consumer Disputes Redressal Commission (‘NCDRC’), wherein the Commission held inter alia that if there was any deficiency in service rendered by the Advocates/Lawyers, a complaint under the Consumer Protection Act, 1986 (‘CPA, 1986) would be maintainable, the Division Bench of Bela Trivedi and Pankaj Mithal, JJ. while setting aside the NCDRC judgment, has held the following: Read more
JUVENILE JUSTICE
Is 3-month period for completion of preliminary assessment under Juvenile Justice Act mandatory? Supreme Court answers
In an appeal filed by the Child in Conflict with Law (‘CCL’) against the order passed by Karnataka High Court, wherein the Court set aside the order passed by the Additional Juvenile Justice Board (‘JJB’) and directed the Board to transmit the record to the Children’s Court for trial of the CCL as an adult, the division bench of CT Ravikumar and Rajesh Bindal*, JJ. has held that the provision of Section 14(3) of the Act, providing three months for completion of a preliminary assessment under Section 15 of the Act, is not mandatory, and is directory. The period can be extended, for the reasons to be recorded in writing, by the Chief Judicial Magistrate or the Chief Metropolitan Magistrate. Read more
INTELLECTUAL PROPERTY
[Electronica Trade Mark] SC upholds Bombay HC order directing Registrar to decide applications for adding subsequent proprietor de novo; Directs for expeditious disposal
In a set of two Special Leave to Appeals by the Electronica Hitech Machines Tools Private Limited against the Bombay High Court’s decision, whereby the High Court had allowed the Electronica India Ltd.’s applications, remanding the consideration of two Forms TM-24 for fresh consideration to the Trade Marks Registrar and to pass a speaking order, the Division Bench of Sanjiv Khanna and Dipankar Datta, JJ., refused to interfere with the impugned judgment and directed the Registrar of Trade Marks to decide and give effect to the impugned judgment, as expeditiously as possible and preferably within a period of three months from the date a copy of this order is received. Read more
OTHER STORIES
Can delay in filing Change Report automatically impact assumption of office by a Vahiwatdar of a Trust? Supreme Court answers
In appeals concerning the issue of acceptance of change reports in relation to the Vahiwatdar (Administrator) and Trustees of Shri Mallikarjun Devasthan, Shelgi, a Public Trust, the division bench of A.S. Bopanna and Sanjay Kumar*, JJ. while setting aside the impugned judgment, opined that the High Court adopted a hypertechnical approach by attaching so much importance to the delay in the submission of the first Change Report, though it was a curable defect. Further, the Bench held that when failure to file a Change Report would not be fatal, the delay in filing a Change Report cannot automatically impact the assumption of office by a Vahiwatdar of a Trust. Read more
‘Rule 3(7) of IT Rules not iniquitous, draconian or harsh on taxpayers’; SC holds bank employees’ interest-free loans taxable as perquisites
In a judgment filed by staff unions and officers’ associations of various banks, against the judgments passed by the Madras High Court and the Madhya Pradesh High Court ,wherein the Courts dismissed their writ petitions, challenging the vires of Section 17(2)(viii) of the Income Tax Act, 1961 or Rule 3(7)(i) of the Income Tax Rules, 1962, the division bench of Sanjiv Khanna* and Dipankar Datta , JJ. has held that Section 17(2)(viii) does not lead to an excessive delegation of the ‘essential legislative function’, and the Rule 3(7) is intra vires Article 14 of the Constitution of India. Read more
Supreme Court directs MoHA and Bureau of Immigration to permit promoter of Bank loan defaulting company to travel abroad
In a special leave petition filed against the judgment and order passed by the Punjab & Haryana High Court, wherein the Court quashed the Look out circular (‘LOC’) issued on the request of Bank of Baroda, the division bench of Abhay S. Oka and Ujjal Bhuyan, JJ. has allowed the respondent 1 to travel abroad subject to condition that he will file an undertaking on oath in this Court to return to India by 27-06-2024. Read more
Explained| Supreme Court verdict on Constitutionality of ICAI guidelines limiting number of tax audits by chartered accountants per year
In batch of writ petitions filed by Chartered Accountants challenging the validity of Clause 6 of Guidelines No.1 CA(7)/02/2008 dated 08-08-2008 issued by the Institute of Chartered Accountants of India (‘Institute’), under powers conferred by the Chartered Accountants Act, 1949 (‘1949 Act’) on the ground that the same is illegal, arbitrary and violative of Article 19(1)(g) of the Constitution of India, the Division Bench of B.V. Nagarathna* and Augustine George Masih, JJ. has held the following: Read more
Inside Supreme Court judgment referring the issue of recovering time barred debts under Special Statutes to 3-judge Bench
In an appeal against the judgment of Punjab and Haryana High Court, wherein the Court rejected that if a debt is time-barred under the Limitation Act, 1963, the same cannot be recovered by resorting to the Haryana Public Moneys (Recovery of Dues) Act, 1979 (‘ Recovery of Dues Act’) read with the State Financial Corporations Act, 1951, the division bench of Surya Kant and K.V. Viswanathan, JJ. has opined that, for a comprehensive consideration and an authoritative pronouncement, the matter needs to be placed before the Chief Justice of India to constitute an appropriate three-judge bench. Thus, the matter was referred to a larger bench. Read more
NEVER REPORTED JUDGMENTS
Validity of mother’s ‘Intelligent’ transfer of property to her second son with full appreciation of its effect over her interests [(1953) 1 SCC 371]
Sadiq Ali-Appellant filed the present appeal challenging the judgment dated 18-02-1948, passed by the Chief Court of Avadh at Lucknow (‘the High Court’). The Division Bench of Mehr Chand Mahajan* and S.R. Das, JJ., opined that that there was ample material on record to establish that Sharaf Jahan was an intelligent woman with a strong mind and will of her own. Since 1931-1932 she had been thinking of transferring her properties to her second son, Kazim Ali-Respondent, to give him some relief against the inequalities caused by the rule of single heir inheritance with respect to the taluqdari properties. The Supreme Court noted that only persons who were entitled to Sharaf Jahan’s estate were her two sons. Real purpose of Sharaf Jahan in making these transfers was to provide a suitable living for Kazim Ali who was not well off, and that purpose would have been defeated if she had started benefiting all her relations by making transfers in their favour. Read more
No right can be acquired to construct a mosque merely by existence of an old building where a mosque once existed for a period of time [(1953) 1 SCC 431]
The present appeal arises out of a suit filed by respondent against appellants as representing the Mohammedan Community in the Court of Munsif Haveli, Azamgarh for possession of plots situated in the town of Maunath Bhanjan of the said district. The Division Bench of M.C. Mahajan and N.H. Bhagwati*, JJ., concluded that there was no reason to interfere in the present appeal as there was no dedication or grant to the public of the portion of the plot, for the purpose of the mosque and thus, no rights could be acquired merely by the existence of the building for a period of 8-9 years. Read more
When Supreme Court examined the standard of care required on bailee’s part for bailed goods [(1953) 1 SCC 446]
Appeal was filed by the appellant against the decree dated 30-03-1949, passed by the Bombay High Court (‘the High Court’). Appellant sought compensation from the respondent-bailee for the loss and destruction through negligence of goods bailed. The three-judges Bench of M.C. Mahajan, Vivian Bose* and B. Jagannadhadas, JJ., opined that it was evident from these that respondent knew from the start that drums of acetic acid require special care in storing. Further, it was admitted fact the drums were left where they were without any further precautions and appellant was not even informed because respondent’s witness stated that he did not consider it either necessary “or advisable” to do so. Read more
Entries in revenue records have considerable value but not by themselves sufficient to rebut the presumption of jointness of the family [(1953) 1 SCC 483]
The present appeal was filed by the appellants against judgment dated 13-12-1943 of the Allahabad High Court (‘the High Court’), which arose out of a suit for declaration that the respondents were the owners of family properties, and that the appellants had no right. The 3-Judge Bench of M.C. Mahajan, Vivian Bose, and B. Jagannadhadas*, JJ., held that the entries in revenue records were not by themselves sufficient to rebut the presumption of jointness of the family, however, these entries when taken with other evidence consisting of acts of members of the family which were only consistent with hypothesis of separation, should have considerable value. Read more
Know Thy Judge| Supreme Court Judges Justice Sanjiv Khanna, Justice A.S. Bopanna, Justice Pamidighantam Sri Narasimha, Justice S.V. Bhatti, Justice Ahsanuddin Amanullah, Justice Abhay Shreeniwas Oka, Justice K.V. Viswanathan
