2024 SCC Vol. 7 Part 3
Constitution of India — Arts. 141 and 142 — What is binding — “Law declared by Supreme Court” — Doctrine of merger
Supreme Court
NRJ Series | A person cannot be made vicariously liable under Section 34 of IPC without having anyone to share common intention with [(1953) 2 SCC 610]
This report covers the Supreme Court’s Never Reported Judgment, on common intention, dating back to the year 1953.
Supreme Court upholds Manipur HC order refusing to dismiss Election petition against MLA KH Hangshing, under O.7 R.11 CPC
Supreme Court reiterated that the Election Petition should not be rejected at the very threshold where there is a “substantial compliance” of the provisions.
Application for extension of time for passing arbitral award under Section 29A of Arbitration Act is maintainable even after 18-month deadline for making of award: SC
“Section 29A intends to ensure the timely completion of arbitral proceedings while allowing Courts the flexibility to grant extensions when warranted. Prescribing a limitation period, unless clearly stated in words or necessary, should not be accepted. Bar by limitation has penal and fatal consequences.”
Qualified Privilege in Section 132, Evidence Act doesn’t grant complete immunity to witness who made self- incriminating statements: SC
The Court further held that there cannot be an absolute embargo on the Trial Court to initiate process under Section 319 CrPC., merely because a person, who though appears to be complicit, has deposed as a witness.
‘Failure in furnishing documents & delay in deciding detenu’s representation violates Art. 22(5)’: SC quashes detention order under COFEPOSA
“In the matters pertaining to personal liberty of the citizens, the Authorities are enjoined with a constitutional obligation to decide the representation with utmost expedition. Each day’s delay matters in such a case.”
Not recording reasons in convening order for appointing junior ranked officer as Judge Advocate invalidates Court Martial proceedings: SC
The Court stated that subsequent mentioning of the reasons for appointment of junior ranked officer as Judge Advocate in the appellant’s copy of the convening order, especially after putting signatures by the issuing authority, was unauthorised and impermissible.
SC stays NGT order restricting number of Dhol, Tasha, Zanj performers for Ganesh Visarjan in Pune
The NGT had directed to restrict the total number of Dhol, Tasha, Zanj Groups to only 30 per group along with real time monitoring of noise pollution around each Ganesh pandal and initiating criminal proceedings against the violators.
Supreme Court imposes Rs.10 lakh costs on National Medical Commission over challenge to Medical College’s approval for increase of seats
“Making a party run from Court to Court to seek permission, specifically when the institute concerned is not a new institute and has been running for the last 18 years, is only an attempt to harass the institution. Particularly, when the approval granted earlier for the academic year 2023-2024 was withdrawn, no deficiency, except non-grant of COA, was pointed out”
Impleading International Non-Signatories to a Domestic Arbitration: Analysing the Practical Implications
by Prashant Pakhiddey* and Manav Gill**
No black and white photographs in pleadings without prior permission of Court: SC directs Registry
“For a long time, the parties are placing on record black and white photocopies of photographs, mostly which are blurred.”
SC stays proceedings against Shashi Tharoor over 2018 defamatory statements on PM Narendra Modi
Shashi Tharoor while addressing the audience at the Bangalore Literature Festival in 2018 had quoted lines from the article published by the Caravan magazine and which said that “Mr. Modi is like a scorpion sitting on a Shivling; you cannot remove him with your hand, and you cannot hit it with a chappal either.”
Supreme Court dismisses petitions seeking to stop export of arms & military equipments to Israel in the ongoing Gaza Conflict
Considering the petition seeking directions for the Union Government to cancel existing licenses/permissions and to stop the grant of new licenses to Indian companies, the Court stated that the self-imposed restraint on Courts entering into areas of foreign policy is grounded in sound rationale which has been applied across time.
Accused in custody can apply for anticipatory bail in connection with a different case: Supreme Court
“When procedural law doesn’t preclude the investigating agency from arresting a person in relation to a different offence while he is already under custody in some previous offence, the accused too cannot be precluded of his statutory right to apply for anticipatory bail only on the ground that he is in custody in relation to a different offence.”
Supreme Court sets aside MP High Court order transferring toddler’s custody from maternal aunts to father; Allows father and grandparents to meet child once a fortnight
Supreme Court said that this is not a case where custody of the child can be disturbed in a petition under Article 226 of the Constitution of India.
Supreme Court permits bank employees who secured job under SC/ST category to retain jobs despite caste descheduling by Karnataka Government
Supreme Court reiterated that neither State Government nor Courts have the authority to modify Scheduled Castes list promulgated by Presidential order
NRJ Series | When Supreme Court set aside murder and dacoity conviction due to ‘gravity and complexity of case’ requiring adequate consideration [(1953) 2 SCC 478]
This report covers the Supreme Court’s Never Reported Judgment, on murder and dacoity, dating back to the year 1953.
SC reduces life sentence to 10 years imprisonment of man convicted for raping step-daughter, considering age and eight years of sentence undergone
‘No reason to interfere with the well-considered findings.’ The High Court’s and Trial Court’s decision for convicting the man for offence under Section 376 of IPC was upheld.
‘Chief Justice cannot individually reconsider recommendation’; SC directs HP High Court Collegium to collectively reconsider elevation of two District Judges
“This appears to be a case where there was no collective consultation amongst the three Constitutional functionaries of the High Court i.e. the Chief Justice and the two senior-most companion judges. The absence of plurality, in reconsideration as directed by the Supreme Court Collegium, is discernible.”