25 Landmark Judgments on Constitutional Law by the Supreme Court in 2022 [Part I]
by Siddharth R. Gupta† and Shristy Choudhary††
Cite as: 2023 SCC OnLine Blog Exp 12
Supreme Court
Supreme Court sets aside Allahabad High Court order in a civil matter guised as a criminal proceeding
The Supreme Court expressed its displeasure by the attempts made by parties to invoke jurisdiction of criminal courts, by filing vexatious criminal complaints by camouflaging allegations which were ex facie outrageous or pure civil claims.
Compilation of Important Judgments of Supreme Court and High Courts regarding Section 138 of the Negotiable Instruments Act, 1881
by Swarnendu Chatterjee† Anwesha Pal†† and Yashwardhan Singh†††
Cite as: 2023 SCC OnLine Blog Exp 11
Justice S. Abdul Nazeer Retires- Throwback to a Career of Four Decades
After an extensive tenure of 6 years, Justice S. Abdul Nazeer retires today. During this time, Justice Nazeer had been a part of some path-breaking decisions such as- Right to Privacy, Triple Talaq, Ayodhya verdict etc. Justice Nazeer has also been the part of the Constitution Bench which decided upon the validity of Central Govt’s 2016 Demonetisation Scheme.
Delhi High Court dismisses PIL challenging notification allowing Sikhs to carry Kirpans on flights; says it is a policy decision
The Delhi High Court dismissed a Public Interest Litigation (PIL) challenging the Government’s notification which allowed the Sikh travellers to carry a Kirpan on their person while on domestic flights. The Court further held that the notification was issued after due deliberations and the issue raised was entirely a matter of policy decision.
Evaluating the Standard of Evidence Used in Insider Trading Cases
by Harsh N. Dudhe† and Pranay Bhardwaj††
“Statement passed by a Minister cannot be vicariously attributed to the State”; Supreme Court Constitution Bench rules against imposing further restrictions on freedom of speech of Ministers
Supreme Court: A Constitution Bench of S Abdul Nazeer, AS Bopanna, BR Gavai, V Ramasubramanian & BV Nagarathna, JJ, delivered
‘Commissioner ought to have followed Supreme Court’s Ranbaxy Laboratories verdict’; CESTAT grants interest on delayed sanction of Refund claim under Rule 5 of CENVAT Credit Rules
“When series of decisions of Constitutional Courts are available then the Principle of Judicial discipline cast a duty on me to follow those and nothing else”, observed the Tribunal.
Supreme Court upholds Centre’s decision of demonetising Rs. 500 and Rs. 1000 currency notes
Supreme Court: In a petition against the demonitisation of Rs. 500 and Rs. 1000 currency notes in 2016, the Constitution Bench of
Accrued Versus Contingent Tax Liabilities: Accentuating Contractual Shifting of Tax Incidence
by Tarun Jain
Cite as: 2023 SCC OnLine Blog Exp 1
Supreme Court | Regulation 153(15) of Kerala Electricity Supply Code, 2014 inconsistent with the provision of Section 126 of Electricity Act, 2003, hence invalid
Rules or regulation cannot be made to supplant the provisions of the enabling Act, but to supplement it. What is permitted is the delegation of ancillary or subordinating legislative functions, or what is fictionally called, a power to fill up details.
2022: The year of 1263 judgments; 3 CJIs; and important firsts| An all inclusive Supreme Court roundup
With 1263 judgments delivered; three Chief Justices of India taking turns to lead the judiciary; a number of judges retiring and a
2 New CJIs, 8 Retirements, 3 Appointments- Reflecting upon a hectic 2022 for the Supreme Court Judge Strength
The year 2022 saw a bustling activity in the Supreme Court vis-a-vis appointments and retirements. The Collegium headed by 3 CJIs this year, oversaw new elevations and recommendations. Whereas a significant number of Judges bid farewell to their Judgeship this year as well. Read this curated piece to know how 2022 affected the judicial strength of the Supreme Court.
Supreme Court lambasts the CISF constable for moral policing a couple, sets aside Gujarat High Court order reinstating him back in service
There was an apparent error of law in the order passed by the Gujarat High Court as the writ court is primarily concerned with examination of the decision-making process when a disciplinary action is challenged. Accordingly, the Supreme Court upheld the order of removal from service passed by the disciplinary authority.
Allahabad High Court grants bail to journalist Siddique Kappan in PMLA case
Allahabad High Court said that even if it is believed that part of proceeds of crime was transferred in the bank account of Atikur Rahman, that itself may not be sufficient to prove that Siddique Kappan has dealt with the proceeds of crime which had been allegedly received by K.A. Rauf Sherif. Thus, granted him bail.
2022 SCC Vol. 10 Part 4
Civil Procedure Code, 1908 — Or. 12 R. 6 — Grant of relief on the basis of admission — When
Inter-se-seniority -Promotees versus Direct Appointees: ‘K. Meghachandra requires reconsideration’; Supreme Court’s 5-judge bench to hear the matter
The Supreme Court said that the seniority list was correctly published by interspacing those direct recruits who were eligible in the recruitment year 2009-10 and were appointed against the vacancies of the said year with 53 promotees who were promoted. However, it recommended a reference to a 5-judge bench for reconsideration.
XIII M. K. Nambyar Memorial National Level Moot Court Competition, 2023 [10th-12th March 2023]
About College ‘Karnatak Law Society’s Raja Lakhamgouda Law College, Belagavi, one of the oldest law collegesin India and a premier institution of
Supreme Court grants bail to accused of transporting illegal ‘raw unmanufactured Tobacco’
The petitioner had undergone incarceration for more than 4 months and completion of trial would take some time, thus, the Court enlarged him on bail
Delhi High Court upholds compulsory retirement of a teacher accused of sexual harassment and molestation of a Class IX student
In a case where a physics teacher was accused of sexual harassment and molestation of a minor girl, the Delhi High Court held that in dealing with such matters, paramount consideration must be given to the well-being of the child whose mental psyche was vulnerable, impressionable and in a developing stage.