{"id":318936,"date":"2024-03-31T11:00:52","date_gmt":"2024-03-31T05:30:52","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=318936"},"modified":"2024-03-31T11:42:41","modified_gmt":"2024-03-31T06:12:41","slug":"supreme-court-roundup-march-2024-electoral-bonds-celebratory-firing-permanent-commission-to-woman-ssc-officer-compensation-to-neet-ug-candidates","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2024\/03\/31\/supreme-court-roundup-march-2024-electoral-bonds-celebratory-firing-permanent-commission-to-woman-ssc-officer-compensation-to-neet-ug-candidates\/","title":{"rendered":"Supreme Court Roundup March 2024 | Electoral Bonds; Celebratory firing; Permanent Commission to Woman SSC Officer; Compensation to NEET UG Candidates"},"content":{"rendered":"
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Hot Stories<\/p>\n

Know why Supreme Court overturned Punjab and Haryana HC decision in IAS Ashok Khemka’s PAR case<\/p>\n

In an appeal by State of Haryana challenging order dated 18-03-2019 passed by Punjab and Haryana High Court setting aside the order of Central Administrative Tribunal (‘CAT’), the Division Bench of Vikram Nath and Satish Chandra Sharma, JJ. set aside the impugned judgment and directed the Chief Minister of Haryana being the Accepting Authority to decide on Underlying Representation within 60 days. Read more<\/b><\/a><\/p>\n

Supreme Court sets aside order directing Bloomberg to remove article on Zee Entertainment<\/p>\n

In a special leave to appeal against the decision of the Delhi High Court upholding the interim order of the ADJ, South Saket Courts directing the Bloomberg Television Production India Private Limited (‘Bloomberg’) to take down an article dated 21-02-2024 allegedly against the Zee Entertainment Enterprises Limited (‘Zee’), the three Judge Bench comprising of Dr. DY Chandrachud, CJI, JB Pardiwala and Manoj Misra, JJ. allowed the appeal and set aside the impugned orders. Read more<\/b><\/a><\/p>\n

The tale of a teacher accused of offering flowers and chocolates to 8th-Standard girl as SC overturns POCSO conviction<\/p>\n

In a criminal appeal against Madras High Court’s decision dismissing the convicts’ appeal under Section 374(2)<\/a> of the Code of Criminal Procedure, 1973<\/a> (‘CrPC’) against Special Court’s decision convicting A-1 under Section 12<\/a> of the Protection of Children from Sexual Offences Act, 2012<\/a> (‘POCSO Act’) and A-2 under Section 506<\/a> of the Penal Code, 1860<\/a> (‘IPC’), the three Judge Bench of Dipankar Datta, K.V. Viswanathan and Sandeep Mehta, JJ. allowed the appeal and set aside the impugned decision. Read more<\/b><\/a><\/p>\n

SC refuses to stay Election Commissioners Act removing CJI from Selection Committee; Rejects plea to stay appointment of two new ECs<\/p>\n

In a batch of writ petitions under Article 32<\/a> of the Constitution<\/a> challenging the validity of the Section 7(1) of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, (‘the Election Commissioners Act’) and seeking stay on selection of two newly appointed Election Commissioners, the Division Bench of Sanjiv Khanna and Dipankar Datta, JJ. refused to stay the Act, which removed the Chief Justice of India from the Selection Committee appointing Election Commissioners. Read more<\/b><\/a><\/p>\n

SC rejects Adani Power’s plea for Late Payment Surcharge of Rs. 1376.35 Crores from JVVNL: Understanding Adani power versus Rajasthan Discoms dispute<\/p>\n

In a miscellaneous application by Adani Power Rajasthan Limited (APRL), sought payment of Rs. 1376.35 crore towards Late Payment Surcharge (‘LPS’) from Jaipur Vidyut Vitran Nigam Ltd. and two other distribution companies (‘Rajasthan Discoms’), the Division Bench of Aniruddha Bose and Sanjay Kumar, JJ. dismissed the application and imposed costs of Rs. 50000\/-. The Court said that a post disposal application for modification and clarification of the order of disposal shall lie only in rare cases, where the order passed by the Court is executory in nature and the directions of the Court may become impossible to be implemented because of subsequent events or developments. Read more<\/b><\/a><\/p>\n

Supreme Court directs setting up of fresh Selection Board for granting Permanent Commission to woman SSC Officer in Indian Navy<\/p>\n

In a review petition pertaining to the grant of Permanent Commission to Short Service Commission Officers in the Indian Navy, the division bench of Dr Dhananjaya Y Chandrachud*<\/span>, CJI. and Hima Kohli, J. has directed that the petitioner should be considered for the grant of Permanent Commission afresh by reconvening a Selection Board. Further, the Selection Board was directed to consider the case of the petitioner on stand-alone basis since it is common ground that she was the only serving JAG Branch officer of the 2007 batch whose case for the grant of Permanent Commission was required to be considered. It also added that the exercise of considering the petitioner afresh for Permanent Commission should be carried out on or before 15-04-2024. Read more<\/b><\/a><\/p>\n

Supreme Court stays Orissa HC order setting aside Congress leader Mohammed Moquim’s election as MLA<\/p>\n

In a civil appeal against the Orissa High Court order, wherein the Court has set aside the election of Congress leader Mohammed Moquim as Member of Legislative Assembly (‘MLA’) from the Barabati assembly constituency in Cuttack in 2019, the division bench of Surya Kant and K.V. Viswanathan, JJ. has stayed the impugned judgment, subject to the condition that the Mohammed Moquim will not be entitled to cast vote in the assembly proceedings. Read more<\/b><\/a><\/p>\n

College Romance Web Series | Supreme Court quashes obscenity case against The Viral Fever<\/p>\n

In appeals against Delhi High Court’s dismissal to quash orders of investigation and prosecution for production, transmission, and online publication of obscene and sexually-explicit material under Sections 67<\/a> and 67-A<\/a> of the Information Technology Act, 2000<\/a> (‘IT Act’) against the makers of web-series ‘College Romance’ (TVF Media Labs Private Ltd.), the Division Bench of AS Bopanna and Pamidighantam Sri Narasimha, JJ. quashed the criminal case against the makers of ‘College Romance’. Read more<\/b><\/a><\/p>\n

Bail or Jail?<\/p>\n

Supreme Court grants bail to NDPS accused in custody for more than a year<\/p>\n

In a criminal appeal filed against the order passed by the Delhi High Court, wherein the Court refused to grant of default bail to the accused under Sections 21<\/a>, 29<\/a>, 61<\/a> and 85<\/doclink> of the Narcotic Drugs and Psychotropic Substances Act, 1985<\/a> (‘NDPS Act’), has been turned down, the division bench of Surya Kant and KV Viswanathan, JJ. while considering the totality of the circumstances, especially the period of custody the accused underwent, the Court granted him bail subject to certain conditions. Read more<\/b><\/a><\/p>\n

Supreme Court grants bail to 25-year-old man after over 16 months of incarceration in rape case<\/p>\n

In a challenge under Article 136<\/a> of Constitution of India<\/a> against judgment and order passed by the Rajasthan High Court on 12-07-2023 dismissing second bail application of the petitioner for offences under Sections 376<\/a>, 506<\/a> and 450<\/a> of the Penal Code, 1860<\/a> (‘IPC’), the Division Bench of Vikram Nath and Satish Chandra Sharma, JJ. allowed bail for the petitioner considering his age and period of incarceration. Read more<\/b><\/a><\/p>\n

Can Court impose bail condition restricting involvement in political activities? — Supreme Court answers<\/p>\n

In an appeal challenging order passed by the Orissa High Court on 18-01-2024 rejecting appellant’s application seeking withdrawal of a condition restricting the appellant from participating in political activities, the Division Bench of BR Gavai and Sandeep Mehta, JJ. found the said condition to breach his fundamental rights and accordingly quashed the same. Read more<\/b><\/a><\/p>\n

No bail for AAP leader Satyendar Jain as Supreme Court orders immediate surrender<\/p>\n

In appeals against the judgment and order passed by Delhi High Court on 6-04-2023 rejecting bail applications of Delhi Minister and Aam Aadmi Party (‘AAP’) leader Satyendar Jain and two others, the Division Bench of Bela M Trivedi and Pankaj Mithal, JJ. dismissed the bail application in excise policy money laundering case and directed Jain to surrender before the Special Court. Read more<\/b><\/a><\/p>\n

Person defying orders and absconding not entitled to anticipatory bail: Supreme Court<\/p>\n

In an appeal against order dated 4-04-2023 passed by Patna High Court dismissing application for anticipatory bail pertaining to First Information Report (‘FIR’) filed under Sections 341<\/a>, 323<\/a>, 354<\/a>, 354(B)<\/a>, 379<\/a>, 504<\/a>, 506<\/a> and 149<\/a> of the Penal Code, 1860<\/a> (‘IPC’) and Section 3<\/a>\/4<\/a> of Prevention of Witch (Daain) Practices Act, 1999<\/a> (‘Witch Act’), the Division Bench of CT Ravikumar and Sanjay Kumar, JJ. clarified that since the appellants were defying bailable as well as on-bailable warrants, even absconding the proceedings were not entitled to anticipatory bail. Read more<\/b><\/a><\/p>\n

Conviction or Acquittal?<\/p>\n

Supreme Court suspends sentence of murder convict in custody for past 14 years<\/p>\n

In a criminal special leave to appeal against Andhra Pradesh High Court’s Judgment, whereby the criminal appeal was dismissed and the conviction order by the Trial Court was upheld, the Division Bench of JK Maheshwari and Sanjay Karol, JJ. allowed the application of convict 3, seeking suspension of the sentence, considering the fact that convict 3 was in custody for the last 14 years. Read more<\/b><\/a><\/p>\n

True and voluntary dying declaration can be sole basis of conviction without any corroboration: SC<\/p>\n

In a set of two criminal appeals against Allahabad High Court’s decisions, whereby the convicts’ criminal appeals were dismissed and the conviction by the Trial Court was upheld, the Division Bench of BR Gavai*<\/span> and Sandeep Mehta, JJ. allowed one appeal and dismissed another. The Court held that the dying declaration of the deceased was cogent, trustworthy and reliable and hence, could form the sole basis for the conviction of one of the convicts. Read more<\/b><\/a><\/p>\n

“Evidence of police witnesses full of contradictions and thoroughly unconvincing”; SC sets aside conviction under NDPS Act<\/p>\n

In a criminal appeal against Telangana High Court’s judgment, wherein the convicts’ criminal appeal against the Trial Court’s decision for conviction under Section 8(c) read with Section 20(b)(ii)(c)<\/a> of the Narcotic Drugs and Psychotropic Substances Act, 1985<\/a> (‘NDPS Act’) was rejected, the Division Bench of BR Gavai and Sandeep Mehta*<\/span>, JJ. allowed the appeal and set aside the impugned judgment. Read more<\/b><\/a><\/p>\n

24 years after a woman’s suicide, Supreme Court finds no evidence to convict accused for abetting the same<\/p>\n

In an appeal against conviction of appellant under Section 306<\/a> of Penal Code, 1860<\/a> (‘IPC’), the Division Bench of Bela M. Trivedi and Ujjal Bhuyan, JJ. discussed the importance of recovery of trace of poison consumed or administered to the deceased and held that there was no evidence based on which the appellant could be held guilty of abetting suicide and set aside his conviction under Section 306 of IPC. Read more<\/b><\/a><\/p>\n

‘Gross violation of mandate under JJ Act’: Supreme Court reverses POCSO conviction<\/p>\n

In an appeal challenging judgment passed by Madras on 15-04-2021 dismissing criminal appeal under Section 374(2)<\/a> of the Criminal Procedure Code, 1973<\/a> (‘CrPC’) to affirm conviction and sentence awarded by Trial Court for offences under Sections 363<\/a>, 342<\/a> and 302<\/a> read with Section 201<\/a> of the Penal Code, 1860<\/a> (‘IPC’) and Section 6<\/a> of Protection of Children from Sexual Offences Act, 2012<\/a> (‘POCSO Act’), the Division Bench of BR Gavai and Sandeep Mehta, JJ. allowed the appeal and reversed his conviction due to non-adherence with the procedural mandate under the Juvenile Justice (Care and Protection of Children) Act, 2015<\/a> (‘JJ Act’). Read more<\/b><\/a><\/p>\n

Celebratory firing during marriage ceremonies has disastrous consequences; SC alters conviction u\/s 302 to S. 304 Part II IPC<\/p>\n

In a criminal appeal against Allahabad High Court’s decision, whereby the convict’s application against his conviction and life imprisonment sentence by the Trial Court for offence under Section 302<\/a> of the Penal Code, 1860<\/a> (‘IPC’) and five years rigorous imprisonment for offence under Sections 25<\/a>\/27<\/a> of the Arms Act, 1959<\/a> (‘Arms Act’) was dismissed, the Division Bench of Vikram Nath and Satish Chandra Sharma*<\/span>, JJ. allowed the appeal and altered the conviction to offence under Section 299 of the IPC i.e., punishable under Section 304 Part II of the IPC. Read more<\/b><\/a><\/p>\n

Rape Cases<\/p>\n

‘A relationship consensual at the beginning may not remain so all time’; Supreme Court refuses to quash rape case<\/p>\n

In a petition under Article 136<\/a> of the Constitution of India<\/a> seeking to quash a First Information Report (‘FIR’) under Sections 342<\/a>, 354<\/a>, 366<\/a>, 376(2)(n)<\/a>, 312<\/a>, 201<\/a>, 420<\/a>, 506<\/a> and 509<\/a> of the Penal Code, 1860<\/a> (‘IPC’) and Sections 66(E)<\/a>, 67<\/a> and 67(A)<\/a> of the Information Technology Act, 2000<\/a> (‘IT Act’), Division Bench of Aniruddha Bose and Sanjay Kumar, JJ. Refused to interfere with the High Court’s dismissal of petition for quashing the FIR stating that the same did not lack ingredients of the offences alleged. Read more<\/b><\/a><\/p>\n

‘No rape on false promise to marry’; Supreme Court quashes rape case by married woman<\/p>\n

In an appeal challenging order passed by Madhya Pradesh High Court on 1-08-2022 dismissing the petition under Section 482<\/a> of Criminal Procedure Code, 1973<\/a> (‘CrPC’) for quashment of First Information Report (‘FIR’), the Division Bench of CT Ravikumar and Rajesh Bindal, JJ. quashed the FIR and further criminal proceedings while noting the fact of absence of any false promise to marry, and the consent of complainant, her daughter and even parents who were living in the same house. Read more<\/b><\/a><\/p>\n

IPR<\/p>\n

Supreme Court dismisses MakeMyTrip’s plea against Google in Keyword trade mark infringement case<\/p>\n

In a special leave petition, filed by MakeMyTrip against the Delhi High Court judgment, wherein the Court set aside the interim order passed by a Single Judge that restrained Google from using MakeMyTrip’s registered trade marks as ‘keywords’ on the Google Ads Program, the three-Judge Bench of Dr. DY Chandrachud, CJI., J.B. Pardiwala and Manoj Misra, JJ. while dismissing the plea, orally remarked that those looking to book their tickets through ‘MakeMyTrip’ would not confuse it with ‘Booking.com’. Read more<\/b><\/a><\/p>\n

Notable Criminal matters<\/p>\n

‘Non-compliance of Section 173(2) of CrPC raises many legal issues’; SC discusses police report procedure and contents in detail<\/p>\n

In a criminal appeal against Jharkhand High Court’s decision, dismissing the bail application of the accused for offences under Sections 302, 120-B read with Section 34<\/a> of the Penal Code, 1860<\/a> (‘IPC’) and Section 25(1-B)A<\/a>, 26<\/a>, 27<\/a> and 35<\/a> of the Arms Act, 1959<\/a>, the Division Bench of Bela M. Trivedi*<\/span> and Pankaj Mithal, JJ. refused to release the accused on bail considering that the trial was at the fag end and almost all the witnesses were examined by the prosecution. The Court also discussed the contents of the police report under Section 173(2)<\/a> of the Code of Criminal Procedure, 1973<\/a>. Read more<\/b><\/a><\/p>\n

Abetment of Suicide | ‘Frustrated on account of work pressure’; SC quashes case under S. 306 IPC<\/p>\n

In a criminal appeal against Allahabad High Court’s decision, whereby the criminal application of the accused under Section 482<\/a> of the Code of Criminal Procedure, 1973<\/a> (‘CrPC’) was dismissed, BR Gavai and Sandeep Mehta, JJ. allowed the appeal and set aside the impugned order. Read more<\/b><\/a><\/p>\n

Criticising abrogation of Art. 370 on WhatsApp status; wishing Independence Day to Pakistan not an offence under Section 153-A IPC: Supreme Court<\/p>\n

In a criminal appeal filed against the Judgment of Bombay High Court, wherein the Court refused to quash the FIR against the accused for the offence punishable under Section 153-A<\/a> of the Penal Code, 1860<\/a> (‘IPC’), the division bench of Abhay S. Oka* and Ujjal Bhuyan, JJ. while setting aside the impugned judgment and quashing the FIR, said that if every criticism or protest of the actions of the State is to be held as an offence under Section 153-A, democracy, which is an essential feature of the Constitution of India<\/a>, will not survive. The right to dissent in a legitimate and lawful manner is an integral part of the rights guaranteed under Article 19(1)(a). Read more<\/b><\/a><\/p>\n

Supreme Court directs ED to conduct exhaustive investigation in money laundering case against Amtek Auto’s former promoters<\/p>\n

In a writ petition seeking an investigation against the promoters, directors, beneficiaries and key-managerial personnel and shell entities of auto parts maker Amtek Auto Limited Group (‘Amtek Auto’), the division bench of BR Gavai and Sandeep Mehta*, JJ. has directed Directorate of Enforcement(‘ED’) to investigate against former promoters of Amtek Auto for allegedly siphoning over Rs. 20,000 crores obtained from public banks, after observing that there appeared to be prima facie material to indicate collusion in the scam by bank officials. The Court has asked ED to file a status report before the next date of the hearing, that is after six months. Read more<\/b><\/a><\/p>\n

[Misbranding of Zero Calorie Sweetener] SC sets aside Gujarat HC’s order for trial de novo; cites absence of material averments in complaint<\/p>\n

In a criminal appeal against Gujarat High Court’s decision, wherein the State’s appeal against the order of the Trial Court acquitting the accused of the charges under Section 7 read with Section 16<\/a> of the Prevention of Food Adulteration Act, 1954<\/a> (‘the Act’) was allowed, setting aside the Trial Court’s order and the matter was remanded for trial de novo, the Division Bench of Abhay S. Oka and Ujjal Bhuyan, JJ. allowed the appeal and set aside the High Court’s order. Read more<\/b><\/a><\/p>\n

Stories around Compensation<\/p>\n

Supreme Court directs MBBS College & Maharashtra Govt. to compensate NEET UG Candidates with Rs. 50,000 each for illegal and arbitrary cancellation of admission<\/p>\n

In an appeal against the Bombay High Court order, wherein the Court held that since the appellant did not select specified reservation i.e., in the category of Children of Defence personnel, while submitting the online application form, he was precluded from raising such a claim at a belated stage, as being impermissible in view of the Information Brochure, the three-judge bench BR Gavai, Rajesh Bindal and Sandeep Mehta, JJ. while setting aside the impugned order, directed the College and State of Maharashtra to pay compensation to the tune of Rs.1 lakh (Rs. 50,000\/- each) to the appellant for deprivation of one year and harassment due to illegal and arbitrary cancellation of his admission. Read more<\/b><\/a><\/p>\n

Supreme Court directs Indian Army to compensate Ex-Havaldar with Rs 50 Lakhs for wrongful termination due to misdiagnosis as HIV +ve<\/p>\n

In a civil appeal challenging the judgment and order of Armed Forces Tribunal (‘AFT’), whereby the AFT rejected the appellant’s prayer seeking reference of his diagnosis as AIDS inflicted, to a fresh Medical Board, the division bench of Sanjiv Khanna and Dipankar Datta*<\/span>, JJ. has said that by misdiagnosing the appellant with AIDS, Army subjected him to further misery in not only combating social stigma against a disease but also from the dreadful thought of an imminent death resulting from an incurable disease, thus granted him compensation of Rs.50 Lakhs on account of wrongful termination of services, leave encashment dues, non-reimbursement of medical expenses and the social stigma faced, to be paid within eight weeks from the date of this judgment without fail. Read more<\/b><\/a><\/p>\n

Arbitration<\/p>\n

Enforcement of foreign awards may be refused for bias only in exceptional circumstances: Supreme Court<\/p>\n

In an appeal challenging order dated 25-04-2023 and notice of motion passed by the High Court facilitating enforcement of final award dated 27-09-2014 issued in SIAC Arbitration, the Division Bench of Hrishikesh Roy and Prashant Kumar Mishra, JJ. sought to follow the international standards of public policy and held that enforcement of foreign awards should be refused on the ground of bias only in exceptional circumstances. Read more<\/b><\/a><\/p>\n

Reference to a document in contract should show intention to incorporate arbitration clause: Supreme Court reiterates<\/p>\n

In appeals challenging Delhi High Court’s orders allowing application under Section 11(6)<\/a> of the Arbitration and Conciliation Act, 1996<\/a> (‘Arbitration Act’) appointing sole arbitrator, the Division Bench of B.R. Gavai*<\/span> and Sandeep Mehta, JJ. reiterated that reference to a specific document in the contract should clearly show the intention of the parties to contract for incorporating arbitration clause in the contract. Read more<\/b><\/a><\/p>\n

‘3 years is a long period for filing application for appointing arbitrator’; SC suggests Parliament to bring amendment prescribing specific limitation period<\/p>\n

In an arbitration petition under Section 11(6)<\/a> of the Arbitration and Conciliation Act, 1996<\/a> (‘the Act, 1996’) filed at the instance of a company based in Kabul, Afghanistan and engaged in the business of providing training to desirous students in computer education, English language, information technology, etc. praying for the appointment of an arbitrator for the adjudication of disputes and claims arising from the Contract dated 21-03-2013 entered between the petitioner and the respondent, the three Judge Bench Dr. DY. Chandrachud, CJI, J.B. Pardiwala*<\/span> and Manoj Misra, JJ. has held that the present arbitration petition having been filed within a period of three years from the date when the respondent failed to comply with the notice of invocation of arbitration issued by the petitioner is not hit by limitation. Further, the notice for invocation of arbitration having been issued by the petitioner within a period of three years from the date of accrual of cause of action, the claims cannot be said to be ex-facie dead or time-barred on the date of commencement of the arbitration proceedings. Read more<\/b><\/a><\/p>\n

Environment<\/p>\n

Supreme Court strikes blanket exemption under EP Rules; holds ‘Citizen’s participation cannot be prevented by casual exercise of power under Rule 5(4)’<\/p>\n

In appeals challenging judgment and order passed by the National Green Tribunal (‘NGT’) on 28-10-2020 and order dated 24-12-2020 by NGT rejecting review petition, the Division Bench of Abhay S. Oka and Sanjay Karol, JJ. found item 6 of the Environment (Protection) Rules, 1986 (‘EP Rules’) granting blanket exemption to the Central Government for obtaining environmental clearance. Read more<\/b><\/a><\/p>\n

[Pakhro Tiger Safari Project] SC directs MoEFCC to establish committee for environmental restoration and cost evaluation in Jim Corbett Park<\/p>\n

In a petition alleging illegal construction of bridges and walls within the Tiger Breeding Habitat of Corbett Tiger Reserve without the approval from the Competent Authority, the Three Judge Bench of BR Gavai*<\/span>, Prashant Kumar Mishra and Sandeep Mehta, JJ. gave the following directions:<\/p>\n