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Supreme Court January 2023| Note Ban; Free Speech; Euthanasia; Delhi versus Centre; Haldwani Eviction, Dissents, Did You Know Facts, & more

This roundup revisits the analyses of Supreme Court’s judgments/orders on constitutionality of Demonetisation; Freedom of Speech of Ministers; Guidelines to withhold life support of a terminally ill patients; Tussle between Delhi Government and Centre, and more. It also covers reports on Justice SA Nazeer’s retirement; the career trajectory & important decision of Justice CT Ravikumar; Explainers on important law points; five ‘Did You Know’ facts; Cases Reported in SCC Weekly in the month of January; and a throwback from SCC Archives.

Experts Corner Siddharth R Gupta

25 Landmark Judgments on Constitutional Law by the Supreme Court in 2022 [Part II]

by Siddharth R. Gupta† and Sangam Ghorpade††
Cite as: 2023 SCC OnLine Blog Exp 7

Case Briefs Supreme Court

‘Rural health practitioners are not medical practitioners’; Assam Rural Health Regulatory Authority Act, 2004 rightly struck down by Gauhati HC: Supreme Court

Observing that performance of functions identical to those performed by medical practitioners by persons who do not possess the qualifications prescribed under the Central Act, could have dangerous consequences, the Supreme Court held that Rural Health Practitioners enlisted under the Assam Act, are underqualified to perform functions similar to those performed by medical practitioners registered in accordance with the Indian Medical Council Act, 1956. The Court, however, upheld the constitutionality of the Assam Community Professional (Registration and Competency) Act, 2015 that was enacted to give continuity in service to the practitioners in question.

Case Briefs Supreme Court

Specific Performance| Supreme Court’s split verdict over a party’s readiness and willingness to perform his part of the contract

While Justice Shah stated that the Kerala High Court has erred in interfering with the judgment of Trial Court of passing a decree for specific performance; Justice Nagarathna affirmed the Judgment of the High Court.

Case Briefs Supreme Court

Child adopted by government servant’s Hindu widow, after his death, not ‘family’ under the CCS (Pension) Rules: Supreme Court

The bench of KM Joseph and BV Nagarathna, JJ has held that the definition of ‘family' under the Central Civil Services (Pension) Rules, 1972 is a restrictive and specific one and cannot be expanded to take within its sweep, all heirs, as provided under Hindu law, or other personal laws.

Case Briefs Supreme Court

Whether non-production of Power of Attorney to prove a sale deed would be fatal to the case of the plaintiff?; Supreme Court’s split verdict

While Justice Shah stated that the plaintiff had not produced the Power of Attorney, Justice Nagarathna opined that non-production of Power of Attorney was not fatal to the case of the original plaintiff.

Case Briefs Supreme Court

Sikkimese women can’t be denied tax exemption merely for marrying non-Sikkimese men after April 2008; SC strikes down Proviso to Section 10(26AAA) of Income Tax Act

Noting that there is no disqualification for a Sikkim man, who marries a non-Sikkimese after 01.04.2008, the Supreme Court observed that the discrimination is based on gender.

Case Briefs Supreme Court

They are all Sikkimese! All old settlers entitled to the exemption under Section 10(26AAA) of the Income Tax Act: Supreme Court

While MR Shah, J, has struck down the definition of “Sikkimese” in Section 10(26AAA) of the Income Tax Act, 1961, Nagarathna, J, has called for saving the Explanation to Section 10(26AAA) and has created a stopgap ‘sub-clause (iv)’ till the Union of India makes the requisite amendment to the provision.

Case Briefs Supreme Court

“Fragmentation/apartmentalisation of single dwelling units will injure the ‘Lungs’ of the city”; Supreme Court issues directions to protect Corbusian Chandigarh

Taking note of the sorry state of affairs as to how the city of Bengaluru, once considered to be one of India’s best cities, a ‘Garden city’ has been ruined on account of haphazard urban development, the Supreme Court observed that the warning flagged by the city of Bengaluru needs to be given due attention by the legislature, executive and the policy makers and proper balance needs to be struck between sustainable development and environmental protection.

Case Briefs Supreme Court

IBC| “No law would compel a person to do the impossible”, Supreme Court upholds validity of the moratorium period which debarred the appellant from making settlement payment.

The Supreme Court stated that it was neither a case where the appellant did not make any application within the stipulated time under the 2019 Scheme nor where the appellant deliberately did not deposit the settlement amount.

Case Briefs Supreme Court

Borrower to pre-deposit 50% of the “debt due” including ‘interest’ under Section 18 of SARFAESI Act: Supreme Court

The Court was called upon to decide as to while calculating the amount to be deposited as predeposit under Section 18 of the SARFAESI Act, 50% of which amount the borrower is required to deposit as pre-deposit and whether while calculating the amount of “debt due”, the amount deposited by the auction purchaser on purchase of the secured assets is required to be adjusted and/or appropriated towards the amount of pre-deposit to be deposited by the borrower under Section 18 of the SARFAESI Act.

Legal RoundUp Supreme Court Roundups

Supreme Court December 2022| Presumption of public servant’s guilt in bribery cases; Rejection of Bilkis Bano’s review plea; Tribal Women’s share in father’s property; and more

“When the daughter belonging to the non-tribal is entitled to the equal share in the property of the father, there is no

Op Eds OP. ED.

Interesting Facts About Indian Judiciary

by Jeet J. Bhatt†

Know thy Judge

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.

Hot Off The Press News

“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

Case Briefs Supreme Court Supreme Court (Constitution/Larger Benches)

Demonetisation Verdict: Breakdown of the majority and minority opinions

While BR Gavai, J has written the majority opinion for himself and SA Nazeer, A.S. Bopanna, V. Ramasubramanian, JJ, to uphold the legality of the 2016 demonetization, BV Nagarathna, J is the lone dissenter who has held that though demonetisation was well-intentioned and well thought of, the manner in which it was carried out was improper and unlawful.

Hot Off The Press News

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

Legal RoundUp Supreme Court Roundups

Supreme Court Constitution Bench 2022 Roundup & the matters to look forward to in 2023

The year 2022 has seen formation of multiple Constitution Benches and its hearings, wherein out of pending 498 Constitution Bench matters, 25

Case Briefs Supreme Court Supreme Court (Constitution/Larger Benches)

In absence of complainant’s direct evidence of bribe, presumption of Public Servant’s guilt can be drawn based on other evidence; holds SC Constitution Bench

The Constitution Bench of SA Nazeer, BR Gavai, AS Bopanna, V Ramasubramanian and BV Nagarathna, JJ has observed that the trial does not abate nor does it result in an order of acquittal of the accused public servant if the complainant turns ‘hostile’, or has died or is unavailable to let in his evidence.

Case Briefs Supreme Court

Explained| Why the Supreme Court directed GST Council to implement digital DIN system for communication between State Tax Officers and taxpayers

Supreme Court: In a significant case, the Division Bench of M.R. Shah* and B.V. Nagarathna, JJ., allowed the PIL filed

SCC Times

Search Results for: B V Nagarathna

Supreme Court January 2023| Note Ban; Free Speech; Euthanasia; Delhi versus Centre; Haldwani Eviction, Dissents, Did You Know Facts, & more

25 Landmark Judgments on Constitutional Law by the Supreme Court in 2022 [Part II]

‘Rural health practitioners are not medical practitioners’; Assam Rural Health Regulatory Authority Act, 2004 rightly struck down by Gauhati HC: Supreme Court

Specific Performance| Supreme Court’s split verdict over a party’s readiness and willingness to perform his part of the contract

Child adopted by government servant’s Hindu widow, after his death, not ‘family’ under the CCS (Pension) Rules: Supreme Court

Whether non-production of Power of Attorney to prove a sale deed would be fatal to the case of the plaintiff?; Supreme Court’s split verdict

Sikkimese women can’t be denied tax exemption merely for marrying non-Sikkimese men after April 2008; SC strikes down Proviso to Section 10(26AAA) of Income Tax Act

They are all Sikkimese! All old settlers entitled to the exemption under Section 10(26AAA) of the Income Tax Act: Supreme Court

“Fragmentation/apartmentalisation of single dwelling units will injure the ‘Lungs’ of the city”; Supreme Court issues directions to protect Corbusian Chandigarh

IBC| “No law would compel a person to do the impossible”, Supreme Court upholds validity of the moratorium period which debarred the appellant from making settlement payment.

Borrower to pre-deposit 50% of the “debt due” including ‘interest’ under Section 18 of SARFAESI Act: Supreme Court

Supreme Court December 2022| Presumption of public servant’s guilt in bribery cases; Rejection of Bilkis Bano’s review plea; Tribal Women’s share in father’s property; and more

Interesting Facts About Indian Judiciary

Justice S. Abdul Nazeer Retires- Throwback to a Career of Four Decades

“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

Demonetisation Verdict: Breakdown of the majority and minority opinions

Supreme Court upholds Centre’s decision of demonetising Rs. 500 and Rs. 1000 currency notes

Supreme Court Constitution Bench 2022 Roundup & the matters to look forward to in 2023

In absence of complainant’s direct evidence of bribe, presumption of Public Servant’s guilt can be drawn based on other evidence; holds SC Constitution Bench

Explained| Why the Supreme Court directed GST Council to implement digital DIN system for communication between State Tax Officers and taxpayers