Explained| Why SC sets aside Bombay HC order acquitting Prof GN Saibaba and others in UAPA Case
The Court directed to remit the matter back for fresh disposal before another bench of the High Court.
Supreme Court
Can Government employees claim Double Overtime Allowance as per the Factories Act? Supreme Court answers
The Court stated that the “claim of the respondents ought to have been tested by the Tribunal and the High Court in the proper perspective to see whether it is an attempt to get the best of both the worlds.”
“Corruption must be dealt with iron hands”; SC sets aside Gujarat HC order granting anticipatory bail to IRS officer Santosh Karnani
When there is prima facie satisfaction that there is something more than a mere needle of suspicion against the accused, the Court cannot jeopardise the investigation, more so when the allegations are grave in nature.
‘Lawyers cannot go on strikes’; Supreme Court asks High Courts to constitute Grievance Redressal Committee to hear genuine grievance
Criticising the practice of the advocates going on strike and abstaining them from work, the Court observed that it is appropriate that their genuine grievances are considered by some forum so that such strikes can be avoided.
Justice T Raja to be transferred from Madras High Court to Rajasthan High Court at the earliest, Supreme Court Collegium reiterates its recommendation
The Collegium resolution was passed on 19-04-2023.
SC Collegium Resolution: 5 High Courts to get new Chief Justices; Justice Muralidhar’s transfer as Madras HC Chief Justice, recalled; 4 Judicial Officers elevated as HC judges
The Supreme Court collegium resolutions were passed on 19-04-2023.
Minor Rape Case | Supreme Court extends anticipatory bail granted to POCSO accused
The Patna High Court had rejected the petitioner’s anticipatory bail in this matter, while the Supreme Court granted protection to the petitioner against arrest on 16-12-2022.
Supreme Court’s verdict on daughter’s right to inherit ancestral property before Hindu Succession Act 2005 Amendment and validity of settlement deed, explained
Since the daughter had not signed the alleged settlement deed, the Supreme Court clarified that “In a suit for partition of joint property, a decree by consent amongst some of the parties cannot be maintained”.
Bilkis Bano – Premature release of Convicts case: Supreme Courts asks Centre and Gujarat Government to produce files and give reasons for releasing 11 convicts
The Supreme Court asked the Gujarat Government reasons behind its decision to grant remission to the 11 life convicts, who were convicted for raping Bilkis Bano and murdering her family members
Supreme Court Collegium recommends appointment of 6 Additional Judges for Permanent Judgeship in Punjab and Haryana High Court
The Supreme Court resolution was passe dated 17-04-2023.
Asharam Bapu Case| Supreme Court sets aside Rajasthan High Court Judgment directing summoning and recording of evidence of IPS Ajay Pal Lamba
The Supreme Court said that the power to take additional evidence in an appeal is to be exercised to prevent injustice and failure of justice, and thus, it must be exercised for good and valid reasons necessitating the acceptance of the prayer.
Explained| The momentous Same Sex Marriage matter before the Supreme Court Constitution Bench
Petitioner contended that they were entitled to the Fundamental Right to marry which was entrenched in the Constitution which includes the choice of a marital partner. Neither the State nor Society could intrude into the domain of individual right to pursue a way of life which were central to their identity and autonomy.
Supreme Court issues notice to Delhi Government and Police over Anurag Thakur and Parvesh Verma hate speeches during anti CAA protests
Supreme Court: In a petition filed seeking registration of a criminal case against BJP leaders Anurag Thakur and Parvesh Verma for their
Supreme Court directs States and UTs to send their Menstrual Hygiene Management Policy to Centre
The Supreme Court viewed that it would be appropriate if the Union Government engages with all the State governments and Union Territories to ensure that a uniform national policy is formulated with sufficient leeway for the States and UTs to make adjustments, based on the prevailing conditions in their territories.
SC directs all Courts and Tribunals to number paragraphs in Orders and Judgments in seriatim
The Court considered the adoption of uniform format for Judgment and Orders, including paragraphing.
2023 SCC Vol. 3 Part 5
Arbitration and Conciliation Act, 1996 — Ss. 20, 2(1)(e) and 42 — Jurisdiction of Court: Determination of jurisdiction of Court, based on
“Mr Put Mine, Advocate” matter closed as Supreme Court accepts apology
Recently, in a matter one of the advocates of the petitioner was recorded as “Mr. Put Mine, Advocate”. Taking note of the mistake that caused lot of embarrassment to the Court as the same was widely circulated on WhatsApp and other social media, the Court initiated proceedings suo moto.
‘Pension cannot be denied dehors the authority of law’; SC sets aside BSF Commandant’s conviction, allows him to retain superannuation benefits
The Court said that the search of the Commandant’s house did not result in recovery of any incriminating documents/article and without other materials incriminating the appellant or pointing to his guilt, the statement of a single person alone cannot result in conviction of the Commandant and deprive him of his pension benefits.
Supreme Court Collegium recommends elevation of three Judicial Officers from the Delhi Higher Judiciary to the Delhi High Court
The Supreme Court Collegium Resolution was passed dated 12-04-2023.
Unregistered agreement to sell an admissible evidence in a suit for specific performance; Supreme Court upholds Madras High Court Judgment
Supreme Court said that as per proviso to Section 49 of the Registration Act, 1908 an unregistered document affecting immovable property may be received as evidence of a contract in a suit for specific performance under Chapter-II of the Specific Relief Act, 1877, or as evidence of any collateral transaction not required to be effected by registered instrument, subject to Section 17(1A) of the Registration Act.