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18/03/2024, 07:58 Supreme Court Weekly Round-Up (11 March-16 March, 2024)

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Supreme Court Weekly Round-Up (11 March-16 March,


2024)
Gyanvi Khanna
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17 March 2024 8:45 PM

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18/03/2024, 07:58 Supreme Court Weekly Round-Up (11 March-16 March, 2024)

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Live Law has got you covered with all the latest updates this week. You'll find it all
here, whether it's news on the Electoral bonds, appeals against Professor GN
Saibaba's acquittal, or applications seeking stays on recently notified CAA rules.
This digest aims to inform you about the latest judgments, orders, and Public
Interest Litigations (PILs) filed in the Supreme Court during the past week and the
updates of the Constitution Bench hearing on the taxation matter of mineral-
bearing lands, providing a succinct overview.

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Orders/ Judgments

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18/03/2024, 07:58 Supreme Court Weekly Round-Up (11 March-16 March, 2024)

Supreme Court Dismisses SBI's Plea For Extension Of Time For Furnishing
Electoral Bonds Details; Directs Disclosure By March 12
(https://www.livelaw.in/top-stories/supreme-court-electoral-bonds-state-bank-of-
india-extension-of-time-251814)

Case Details: State Bank of India v. Association for Democratic Reforms & Ors. |
MA 486 of 2024 in Writ Petition (Civil) No. 880 of 2017

Coram: Chief Justice DY Chandrachud, Justices Sanjiv Khanna, BR Gavai, JB


Pardiwala, and Manoj Misra

(https://ambitionlawinstitute.com/)

In the latest development in the electoral bonds case, the Supreme Court
dismissed an application for extension of time filed by the State Bank of India
(SBI) for complying with the court's earlier directions to furnish electoral bonds
details. Concluding that the requisite information is sufficiently available with the
bank, the court asked it to disclose the information by the close of business hours
of March 12, 2024.

(https://admission.mahindrauniversity.edu.in/?
utm_source=Live+Law&utm_medium=Web+Banner&utm_campaign=Live+Law&utm_id=Live+Law&utm_term=Te

HC Erred In Setting Aside CM's Remarks Against IAS Officer's PAR : Supreme Court
Allows Haryana Govt Appeal Against Ashok Khemka (https://www.livelaw.in/top-
stories/supreme-court-haryana-cm-ashok-khemka-performance-appraisal-251820)

Case Title: The State of Haryana v. Ashok Khemka and Anr., 2024 LiveLaw (SC)
220

https://www.livelaw.in/top-stories/supreme-court-weekly-round-up-11-march-16-march-2024-252578 3/36
18/03/2024, 07:58 Supreme Court Weekly Round-Up (11 March-16 March, 2024)

Coram: Justices Vikram Nath and Satish Chandra Sharma

The Supreme Court today allowed Haryana government's challenge to a Punjab


and Haryana High Court order, which set aside Chief Minister ML Khattar's
(Accepting Authority's) remarks and overall grade regarding senior IAS Officer
Ashok Khemka's Performance Appraisal Report (PAR).

Supreme Court Refuses To Stay Acquittal Of GN Saibaba & 5 Others, Says HC


Judgment Prima Facie Well Reasoned (https://www.livelaw.in/top-
stories/supreme-court-gn-saibaba-alleged-maoist-links-case-uapa-state-of-
maharashtra-251834)

Case Title: State of Maharashtra v. Mahesh Kariman Tirki & Ors., Diary No. 10501
of 2024

Coram: Justices BR Gavai and Sandeep Mehta

The Supreme Court on Monday (March 11) refused to stay the judgment of the
Bombay High Court (https://www.livelaw.in/high-court/bombay-high-
court/bombay-high-court-acquits-gn-saibaba-5-others-in-alleged-maoist-links-
case-orders-immediate-release-251271), which acquitted Professor GN Saibaba
and five others in a case under the Unlawful Activities (Prevention) Act 1967 over
alleged Maoist links.

The bench, while hearing the special leave petition filed by the State of
Maharashtra, made a prima facie observation that the judgment of the high court
is "very well reasoned".

Supreme Court Dismisses WB Govt's Challenge To HC Ordering CBI Probe Into


Sandeshkhali Violence, Expunges HC's Remarks Against Police
(https://www.livelaw.in/top-stories/supreme-court-sandeshkhali-violence-west-
bengal-government-plea-transfer-probe-attack-ed-officials-central-bureau-of-
investigation-251849)

https://www.livelaw.in/top-stories/supreme-court-weekly-round-up-11-march-16-march-2024-252578 4/36
18/03/2024, 07:58 Supreme Court Weekly Round-Up (11 March-16 March, 2024)

Case Title: State of West Bengal & Ors. v. Enforcement Directorate, Kolkata Zonal
Office I & Anr., Special Leave Petition (Civil) No. 5875-5876 of 2024

Coram: Justices BR Gavai and Sandeep Mehta

In a significant decision, the Supreme Court dismissed West Bengal government's


plea against the Calcutta High Court's decision (https://www.livelaw.in/top-
stories/calcutta-high-court-attack-on-ed-in-west-bengal-transfers-probe-to-cbi-
directs-state-to-immediately-handover-custody-of-prime-accused-shahjahan-
sheikh-251326) to transfer the probe into the attack against ED officials at
Sandeshkhali to the Central Bureau of Investigation (CBI).

However, the apex court did agree to expunge the critical observations made by
the high court regarding the conduct of the state government and police.

Supreme Court Suspends Former TN Minister Ponmudi's Conviction & Sentence In


DA Case (https://www.livelaw.in/top-stories/supreme-court-suspends-former-tn-
minister-ponmudi-sentence-disproportionate-assets-case-251853)

Case Title: K Ponmudi@Deivasigamani v. The State of Tamil Nadu, Crl.A. No. 530-
531/2024

Coram: Justices Abhay S Oka and Ujjal Bhuyan

The Supreme Court suspended the conviction and the 3-year sentence awarded to
former Tamil Nadu Higher Education Minister K Ponmudi in a disproportionate
assets case.

The Bench directed that Ponmudi shall appear before the Special Court and
complete the bail formalities within a period of 1 month. Till the time these
formalities are completed, the order granting exemption from surrendering will
continue to operate, it added.

https://www.livelaw.in/top-stories/supreme-court-weekly-round-up-11-march-16-march-2024-252578 5/36
18/03/2024, 07:58 Supreme Court Weekly Round-Up (11 March-16 March, 2024)

'No Live Issue Existing' : Supreme Court Dismisses PIL To Declare Right To Vote As
Fundamental Right (https://www.livelaw.in/top-stories/no-live-issue-existing-
supreme-court-dismisses-pil-to-declare-right-to-vote-as-fundamental-right-251862)

Case Details : DEVADIPTA DAS vs. UNION OF INDIA Diary No.- 3169 - 2024

The Supreme Court refused to entertain a Public Interest Litigation (PIL) seeking
the declaration of voting rights as part of fundamental rights.

Chief Justice of India (CJI) highlighted the necessity for a live controversy to be
present before the court, emphasizing the need for a "live lis" (legal dispute) to
warrant jurisdiction under Article 32.

Should CBFC's Advisory Panel Include Persons With Disability To Deal With Films
Portraying Disability? Supreme Court To Consider (https://www.livelaw.in/top-
stories/should-cbfcs-advisory-panel-include-persons-with-disability-to-deal-with-
films-portraying-disability-supreme-court-to-consider-251908)

Case Details: Nipun Malhotra vs Sony Pictures Films India Pvt Ltd SLP(C) No.
005239 - / 2024

Coram: CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra

The Supreme Court issued notice in a petition challenging the alleged insensitive
portrayal of disabled individuals in the film 'Aankh Micholi,' produced by Sony
Pictures. The Court, in the present matter, will consider the potential implications
of the Rights of the Persons with Disabilities Act 2016 ( Act of 2016) on the
certification process for films involving differently-abled individuals.

Allegation Of Sexual Harassment Committed Within Closed Confines Requires


Closer Scrutiny If Victim's Statement Is Doubtful: Supreme Court
(https://www.livelaw.in/supreme-court/allegation-of-sexual-harassment-
committed-within-closed-confines-requires-closer-scrutiny-if-victims-statement-is-
doubtful-supreme-court-251910)

https://www.livelaw.in/top-stories/supreme-court-weekly-round-up-11-march-16-march-2024-252578 6/36
18/03/2024, 07:58 Supreme Court Weekly Round-Up (11 March-16 March, 2024)

Case Title: NIRMAL PREMKUMAR & ANR. VERSUS STATE REP. BY INSPECTOR OF
POLICE., 2024 LiveLaw (SC) 221

Coram: Justices Dipankar Datta, KV Viswanathan and Sandeep Mehta

The Supreme Court observed that the offence of sexual harassment committed
within the confines of a room or a house (under the POCSO Act) requires closer
scrutiny by the courts while deciding the conviction of the accused solely based on
the victim's statements.

Anticipatory Bail Can't Be Denied On Mere Assertion Of State That Custodial


Interrogation Of Accused Is Required: Supreme Court
(https://www.livelaw.in/supreme-court/anticipatory-bail-cant-be-denied-on-mere-
assertion-of-state-that-custodial-interrogation-of-accused-is-required-supreme-
court-251950)

Case Title: ASHOK KUMAR VERSUS STATE OF UNION TERRITORY CHANDIGARH.,


2024 LiveLaw (SC) 223

Coram: Justices JB Pardiwala and Manoj Misra

Recently, the Supreme Court held that anticipatory bail can't be denied merely
because the custody of the accused is required by the State for custodial
interrogation.

The Supreme Court observed the State cannot oppose the bail plea citing the
requirement of custodial interrogation unless the State proves that why the
custodial interrogation of the accused is required for investigation.

Filing Of Suit To Assert Rights Cannot Amount To Contempt Of Court: Supreme


Court (https://www.livelaw.in/supreme-court/filing-of-suit-to-assert-rights-cannot-
amount-to-contempt-of-court-supreme-court-251960)

https://www.livelaw.in/top-stories/supreme-court-weekly-round-up-11-march-16-march-2024-252578 7/36
18/03/2024, 07:58 Supreme Court Weekly Round-Up (11 March-16 March, 2024)

Case Title: M/S SHAH ENTERPRISES THR. PADMABEN MANSUKHBHAI MODI


VERSUS VAIJAYANTIBEN RANJITSINGH SAWANT & ORS., 2024 LiveLaw (SC) 224

Coram: Justices B.R. Gavai, Rajesh Bindal, and Sandeep Mehta

The Supreme Court recently, while hearing an appeal dismissing a contempt


petition, observed that filing a suit to assert rights cannot amount to contempt of
court.

“We find that, by no stretch of imagination, it could be said that the filing of the suit
for asserting the rights of the plaintiffs/respondents could be said to be
amounting to contempt of the Court.”

Judiciary Must Avoid Unnecessary Interference With Administrative Decisions


Involving Specialized Expertise: Supreme Court (https://www.livelaw.in/top-
stories/supreme-court-article-226-judicial-restraint-administrative-decisions-
specialized-expertise-251962)

Case Title: The State of Haryana v. Ashok Khemka and Anr., 2024 LiveLaw (SC)
220

Coram: Justices Vikram Nath and Satish Chandra Sharma

While allowing the appeal against a Punjab and Haryana High Court order, which
set aside Chief Minister ML Khattar's (Accepting Authority's) remarks and overall
grade regarding senior IAS Officer Ashok Khemka's Performance Appraisal Report
(PAR), the Supreme Court yesterday reiterated the principle of judicial restraint in
administrative decisions.

Conveyance Takes Place Only At Time Of Registration Of Sale Deed; Need For
Sanction For Conveyance Doesn't Bar Agreement To Sell : Supreme Court
(https://www.livelaw.in/supreme-court/conveyance-takes-place-only-at-time-of-
registration-of-sale-deed-need-for-sanction-for-conveyance-doesnt-bar-agreement-
to-sell-supreme-court-251980)

https://www.livelaw.in/top-stories/supreme-court-weekly-round-up-11-march-16-march-2024-252578 8/36
18/03/2024, 07:58 Supreme Court Weekly Round-Up (11 March-16 March, 2024)

Case Title: BABASAHEB vs. RADHU VITHOBA BARDE., 2024 LiveLaw (SC) 225

Coram: Justices BV Nagarathna and Augustine George Masih

The Supreme Court observed that conveyance by way of sale would take place
only at the time of registration of a sale deed in accordance with Section 17 of the
Registration Act, 1908. Therefore, the Court held that there is no bar for a tribal in
Maharashtra to enter into an agreement to sell and seeking advance sale
consideration.

HC's Order 'Smacks of Arbitrariness and Perversity', Supreme Court Sets Aside
Allahabad HC's Order Passed Without Hearing Parties
(https://www.livelaw.in/supreme-court/hcs-order-smacks-of-arbitrariness-and-
perversity-supreme-court-sets-aside-allahabad-hcs-order-passed-without-hearing-
parties-251982)

Case Title: SUNEETA DEVI VERSUS AVINASH AND OTHERS., 2024 LiveLaw (SC)
226

Coram: Justices BR Gavai and Sandeep Mehta

The Supreme Court set aside the order of the Allahabad High Court passed in
gross violation of the principle of natural justice whereby the order was passed
without hearing to the opposite parties.

Chargesheets Submitted By Police Officers Must Have All Necessary Details As


Per Section 173(2) CrPC: Supreme Court (https://www.livelaw.in/supreme-
court/chargesheets-submitted-by-police-officers-must-have-all-necessary-details-
as-per-section-1732-crpc-supreme-court-252049)

Case Title: DABLU KUJUR VERSUS THE STATE OF JHARKHAND., 2024 LiveLaw
(SC) 227

Coram: Justices Bela M. Trivedi and Pankaj Mithal

https://www.livelaw.in/top-stories/supreme-court-weekly-round-up-11-march-16-march-2024-252578 9/36
18/03/2024, 07:58 Supreme Court Weekly Round-Up (11 March-16 March, 2024)

The Supreme Court observed that police officers submitting the police
report/chargesheet to the magistrate as per the State Police Manual shall abide by
the particulars of Section 173 (2) and directed the officers in charge of every
police station across the country to strictly comply with the mandatory
requirements of Section 173 (2) of Cr.P.C. failing which it shall be strictly viewed by
the concerned courts i.e., where the chargesheet/police report is filed.

Workers Employed To Perform Perennial/Permanent Nature Of Work Can't Be


Treated As Contractual Workers : Supreme Court Allows Regularisation
(https://www.livelaw.in/supreme-court/workers-employed-to-perform-
perennialpermanent-nature-of-work-cant-be-treated-as-contractual-workers-
supreme-court-allows-regularisation-252130)

Case Title: MAHANADI COALFIELDS LTD. VERSUS BRAJRAJNAGAR COAL MINES


WORKERS' UNION., 2024 LiveLaw (SC) 230

Coram: Justices P.S. Narasimha and Sandeep Mehta

The Supreme Court observed that the workers employed to perform


perennial/permanent nature of work couldn't be treated as contract workers under
the Contract Labour (Regulation & Abolition) Act, 1970 to deny them the benefit of
regularization of a job.

SCBA Members, Who Were Eligible To Vote In 2023 Elections, Can Participate In
Special General Meeting Of April 16: Supreme Court (https://www.livelaw.in/top-
stories/scba-members-who-were-eligible-to-vote-in-2023-elections-can-participate-
in-special-general-meeting-of-april-16-supreme-court-252159)

Case Title: Supreme Court Bar Association v. BD Kaushik, Diary No. 13992/2023

Coram: Justices Surya Kant and KV Viswanathan

https://www.livelaw.in/top-stories/supreme-court-weekly-round-up-11-march-16-march-2024-252578 10/36
18/03/2024, 07:58 Supreme Court Weekly Round-Up (11 March-16 March, 2024)

Ahead of the Supreme Court Bar Association's Special General Meeting, the Court
has modified the eligibility of the members who can participate in this meeting.
The Bench clarified that Supreme Court Bar Association members who, per Rule
23 of the SCBA rules, were eligible to vote in the previous elections could
participate in this meeting.

Transfer Of Govt Employee Not Vitiated Merely Because It Was Issued At Instance
Of MLA : Supreme Court (https://www.livelaw.in/supreme-court/order-transferring-
govt-employee-not-vitiated-merely-because-it-was-issued-at-instance-of-mla-
supreme-court-252238)

Case Title: SRI PUBI LOMBI VS. THE STATE OF ARUNACHAL PRADESH., 2024
LiveLaw (SC) 231

Coram: Justices J.K. Maheshwari and Sanjay Karol

The Supreme Court observed that the interference by the court in an order of
transfer at the instance of a state employee holding a transferrable position
without any violation of statutory provision is impermissible.

Supreme Court Asks States To Inform Steps Taken To Regularise Special Teachers
Working On Contractual Basis (https://www.livelaw.in/top-stories/supreme-court-
special-teachers-appointment-contract-basis-state-affidavits-252248)

Case Title: Rajneesh Kumar Pandey & Ors. v. Union of India & Ors, Writ Petition(s)
(Civil) No(s). 132/2016

Coram: Justices CT Ravikumar and Rajesh Bindal

In a matter pertaining to special teachers being engaged on contract basis without


security of tenure, the Supreme Court has called for affidavits from all States in the
country specifying the number of such teachers working under them on
contractual basis, who are Rehabilitation Council of India (RCI)-trained and eligible
to be appointed.

https://www.livelaw.in/top-stories/supreme-court-weekly-round-up-11-march-16-march-2024-252578 11/36
18/03/2024, 07:58 Supreme Court Weekly Round-Up (11 March-16 March, 2024)

'No Case Made Out' : Supreme Court Rejects Manish Sisodia's Curative Petitions
Seeking Bail In Delhi Liquor Policy Scam Case (https://www.livelaw.in/top-
stories/supreme-court-rejects-manish-sisodias-curative-petitions-seeking-bail-in-
delhi-liquor-policy-scam-case-252350)

Coram: Chief Justice of India DY Chandrachud, Justices Sanjiv Khanna, BR Gavai


and SVN Bhatti

The Supreme Court dismissed the curative petitions filed by Aam Aadmi Party
(AAP) leader and former Delhi Deputy Chief Minister, Manish Sisodia seeking bail
in the Delhi liquor policy scam case.

No Anticipatory Bail To Accused Against Whom Non-Bailable Warrant &


Proclamation Under Section 82 CrPC Are Pending: Supreme Court
(https://www.livelaw.in/supreme-court/no-anticipatory-bail-to-accused-against-
whom-non-bailable-warrant-proclamation-under-section-82-crpc-are-pending-
supreme-court-252358)

Case Title: SRIKANT UPADHYAY VS. THE STATE OF BIHAR., 2024 LiveLaw (SC)
232

Coram: Justices C.T. Ravikumar and Sanjay Kumar

The Supreme Court held that an accused would not be entitled to pre-arrest bail if
the non-bailable warrant and the proclamation under Section 82(1) Cr.P.C. is
pending against him.

NEET-MDS : Supreme Court Refuses To Postpone NEET-MDS 2024 Exam, Centre


Says Internship Cut-Off Date Extended To June 30 (https://www.livelaw.in/top-
stories/neet-mds-supreme-court-refuses-to-postpone-neet-mds-2024-exam-
centre-says-internship-cut-off-date-extended-to-june-30-252380)

Case Title: Aditya Dubey & Ors. v. Union of India & Ors., Writ Petition (Civil) No. 104
of 2024

https://www.livelaw.in/top-stories/supreme-court-weekly-round-up-11-march-16-march-2024-252578 12/36
18/03/2024, 07:58 Supreme Court Weekly Round-Up (11 March-16 March, 2024)

Coram: CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra

The Union Government informed the Supreme Court that it has extended the
internship cut-off date for the NEET MDS exam from March 31, 2024 to June 30,
2024.

Taking note of this submission made by the Union, the Court closed an application
filed by the NEET MDS aspirants seeking to reschedule the NEET MDS 2024 which
is due on March 18, 2024, and to direct extension of cut-off for eligibility after
revising the internship completion dates.

S.143A NI Act | Interim Compensation In Cheque Dishonour Cases Isn't Mandatory


: Supreme Court Lays Down Broad Parameters (https://www.livelaw.in/supreme-
court/s143a-ni-act-interim-compensation-in-cheque-dishonour-cases-isnt-
mandatory-supreme-court-252443)

Case Title: RAKESH RANJAN SHRIVASTAVA VERSUS THE STATE OF JHARKHAND


& ANR., 2024 LiveLaw (SC) 235

Coram: Justices Abhay S. Oka and Ujjal Bhuyan

The Supreme Court observed that mere filing of the cheque dishonor complaint
under the Negotiable Instruments Act would not grant a right to a complainant to
seek interim compensation under Section 143A (1) of the N.I. Act, as the power of
the court to grant interim compensation, isn't mandatory but discretionary and
needs to be decided after prima facie evaluating the merits of the case.

Supreme Court Grants Interim Protection To Poet In Case Over Poem Titled 'Ram'
(https://www.livelaw.in/top-stories/supreme-court-poet-post-lord-ram-obscene-
words-anticipatory-bail-notice-252444)

Case Title: Rakib Uddin Ahmed @ Neelabh Sourav v. State of Assam and Anr.,
SLP(Crl) No. 3592/2024

https://www.livelaw.in/top-stories/supreme-court-weekly-round-up-11-march-16-march-2024-252578 13/36
18/03/2024, 07:58 Supreme Court Weekly Round-Up (11 March-16 March, 2024)

Coram: Justices MM Sundresh and SVN Bhatti

In anticipatory bail plea of a man accused of hurting religious sentiments and


creating communal discord through his poem on Hindu God Shri Ram and
Goddess Sita, the Supreme Court today issued notice.

Retired HC Judges Can't Be Discriminated Regarding Pension Based On Whether


They're Elevated From Service Or Bar : Supreme Court (https://www.livelaw.in/top-
stories/retired-hc-judges-elevated-from-service-cant-be-discriminated-from-those-
appointed-from-bar-regarding-pension-supreme-court-252435)

Case details : UNION OF INDIA MINISTY OF LAW JUSTICE vs. JUSTICE (RETD.)
RAJ RAHUL GARG (RAJ RANI JAIN) | SLP(C) No. 007246 - / 2019

Coram: Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj


Misra

In an important judgment, the Supreme Court held there cannot be any


discrimination between the retired High Court judges, depending on their source of
elevation (whether from the bar or the District Judiciary), while computing their
pensionary benefits.

Justice Gavai-led Bench Says Aravalli Batch Matters Ought To Be Listed Before It;
Asks Registry To Take Instructions From CJI (https://www.livelaw.in/top-
stories/justice-gavai-led-bench-says-aravalli-batch-matters-ought-to-be-listed-
before-it-asks-registry-to-take-instructions-from-cji-252446)

Case Title: IN RE: T.N. GODAVARMAN THIRUMULPAD vs. UNION OF INDIA AND
ORS., Diary No.- 2997 – 1995

Coram: Justices B.R. Gavai and Sandeep Mehta

https://www.livelaw.in/top-stories/supreme-court-weekly-round-up-11-march-16-march-2024-252578 14/36
18/03/2024, 07:58 Supreme Court Weekly Round-Up (11 March-16 March, 2024)

The Supreme Court's Green Bench has directed the registry to obtain CJI's order on
whether all the matters pertaining to Aravalli Range can be heard together by the
same Bench.

NI Act | Director Not Responsible For Day-To-Day Affairs Of Company Can't Be Held
Liable For Cheque Dishonour: Supreme Court (https://www.livelaw.in/supreme-
court/ni-act-director-not-responsible-for-day-to-day-affairs-of-company-cant-be-
held-liable-for-cheque-dishonour-supreme-court-252539)

Case Title: SUSELA PADMAVATHY AMMA VS. M/S. BHARTI AIRTEL LIMITED.,
2024 LiveLaw (SC) 237

Coram: Justices B.R. Gavai and Sandeep Mehta

The Supreme Court observed that the Director of the company not responsible for
its day-to-day affairs cannot be held liable for dishonor of cheque under the
Negotiable Instruments Act,1882.

Constitution Bench Hearing

Is Royalty On Mining Leases Tax? What Are States' Powers To Tax Mineral Rights?
Supreme Court 9-Judge Bench Reserves Judgment (https://www.livelaw.in/top-
stories/is-royalty-on-mining-leases-tax-what-are-states-powers-to-tax-mineral-
rights-supreme-court-9-judge-bench-reserves-judgment-252299)

Case details: Mineral Area Development v. M/S Steel Authority Of India & Ors (CA
N0. 4056/1999)

Coram: CJI DY Chandrachud, Justices Hrishikesh Roy, Abhay Oka, BV Nagarathna,


JB Pardiwala, Manoj Misra, Ujjal Bhuyan, SC Sharma and AG Masih.

The Supreme Court 9 judge constitution bench has reserved its judgment on the
issue of whether royalties on mining leases be considered as tax and whether the
States have the power to levy royalty/tax on mineral rights. The 8 days long

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hearing deliberated upon the multifaceted taxation matter of mineral-bearing


lands. The key reference question involved in the present matter is to examine the
nature and scope of royalty as prescribed under Section 9 of the Mines and
Minerals (Development and Regulation) Act, 1957 (MMDR Act) and whether it
could be termed as tax.

News Update

Appoint Arun Goel's Replacement In Election Commission Only As Per SC


Judgment & Not New Act : Plea In Supreme Court (https://www.livelaw.in/top-
stories/appoint-arun-goels-replacement-in-election-commission-only-as-per-sc-
judgment-not-new-act-plea-in-supreme-court-251818)

Case Title: Dr. Jaya Thakur & Ors. v. Union of India & Anr., Writ Petition (Civil) No.
14 of 2024

In a pivotal development, Congress leader Jaya Thakur has filed an application


before the Supreme Court to restrain the Union from appointing a new Election
Commissioner (EC) as per the latest Chief Election Commissioner and Other
Election Commissioners (Appointment, Conditions of Service and Term of Office)
Act, 2023 (Act).

Supreme Court Extends Stay On Defamation Proceedings Against Arvind Kejriwal


For Retweeting Dhruv Rathee's Video On BJP IT Cell (https://www.livelaw.in/top-
stories/supreme-court-arvind-kejriwal-retweet-defamation-proceedings-stay-
extended-251846)

Case Title: Arvind Kejriwal v. State (National Capital Territory Of Delhi) & Anr.,
Special Leave Petition (Criminal) No. 2413 of 2024

Coram: Justices Sanjiv Khanna and Dipankar Datta

https://www.livelaw.in/top-stories/supreme-court-weekly-round-up-11-march-16-march-2024-252578 16/36
18/03/2024, 07:58 Supreme Court Weekly Round-Up (11 March-16 March, 2024)

In a challenge to the defamation case lodged against Delhi Chief Minister Arvind
Kejriwal for retweeting a video by Youtuber Dhruv Rathee making certain
allegations against Bharatiya Janata Party (BJP) IT Cell, the Supreme Court today
extended the interim stay of trial proceedings against Kejriwal.

Supreme Court Grants Interim Protection To Aaj Tak's Sudhir Chaudhary In


Jharkhand Police FIR Over Alleged Anti-Tribal Remarks
(https://www.livelaw.in/top-stories/supreme-court-grants-interim-protection-to-aaj-
taks-sudhir-chaudhary-in-jharkhand-police-fir-over-alleged-anti-tribal-remarks-
251867)

Case: Sudhir Chaudhary v. State of Jharkhand SLP(Crl) No. 3525/2024

Coram: Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj


Misra

The Supreme Court granted interim protection to Sudhir Chaudhary, Consulting


Editor of Aaj Tak TV channel, in relation to an FIR registered by the Jharkhand
Police over the alleged remarks made by him against the tribal community
following the arrest of former Jharkhand Chief Minister Hemant Soren.

'Atrocious' : Supreme Court Frowns Upon Madras HC Judgment That Watching


Child Porn In Private Isn't Offence (https://www.livelaw.in/top-stories/atrocious-
supreme-court-frowns-upon-madras-hc-judgment-that-watching-child-porn-in-
private-isnt-offence-251885)

Case Details: JUST RIGHTS FOR CHILDREN ALLIANCE vs. S. HARISH Diary No.-
8562 - 2024

Coram: CJI DY Chandrachud, Justices JB Pardiwala and Manoj Misra

The Supreme Court, orally expressed disapproval of a recent Madras High Court
judgment, (https://www.livelaw.in/high-court/madras-high-court/watching-child-
pornography-not-offence-under-pocso-act-madras-high-court-246551) which

https://www.livelaw.in/top-stories/supreme-court-weekly-round-up-11-march-16-march-2024-252578 17/36
18/03/2024, 07:58 Supreme Court Weekly Round-Up (11 March-16 March, 2024)

declared that downloading and viewing child pornography is not an offence.

"This is atrocious", Chief Justice of India orally remarked about the High Court's
reasoning.

'Counselling' In Habeas Corpus Proceedings Should Not Be To Change One's


Sexual Orientation Or Gender Identity: Supreme Court (https://www.livelaw.in/top-
stories/counselling-in-habeas-corpus-proceedings-should-not-be-to-change-ones-
sexual-orientation-or-gender-identity-supreme-court-251892)

Case Details: DEVU G. NAIR vs. THE STATE OF KERALA SLP(Crl) No. 001891 - /
2023

Coram: CJI DY Chandrachud, comprising Justices JB Pardiwala and Manoj Misra

The Supreme Court issued a word of caution that there should not be any attempt
to influence the sexual orientation or gender identity of persons by directing them
to undergo "counselling" during habeas corpus proceedings before High Court.

Manipur Violence | Judges Committee Raises Concerns About Armed Protests By


Weaponised Outfits, Supreme Court Seeks Union's View
(https://www.livelaw.in/top-stories/manipur-violence-judges-committee-raises-
concerns-about-armed-protests-by-weaponised-outfits-supreme-court-seeks-
unions-view-251896)

Case Details : Dinganglung Gangmei vs Mutum Churamani Meetei & Ors | 2023
LiveLaw (SC) 626

Senior Advocate Ms. Makhija, representing the Court-appointed Committee led by


Justice Gita Mittal, (https://www.livelaw.in/top-stories/supreme-court-haryana-cm-
remarks-ashok-khemka-performance-appraisal-set-aside-251820?infinitescroll=1)
brought urgent concerns before the Supreme Court regarding recent spurt of
violence in Manipur. The Committee, formed in August 2023 to address

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humanitarian issues arising from ethnic violence, sought specific directions from
the court to restrain protesting organizations from inciting violence against State
Administration.

ED v. Tamil Nadu | Can't There Be Judicial Oversight Before Coercive Orders Are
Passed? Supreme Court Asks (https://www.livelaw.in/top-stories/supreme-court-
tamil-nadu-dvac-investigation-against-ed-officer-transfer-251904)

Case Title: Directorate of Enforcement v. The State of Tamil Nadu, W.P.(Crl) No.
23/2024 (and connected matter)

Coram: Justices Surya Kant and KV Viswanathan

The Supreme Court posted to March 20, 2024 a plea by the ED seeking transfer of
investigation into bribery allegations against one of its officers from Tamil Nadu
State authorities to CBI. The Bench also enquired if judicial oversight could be
brought both ways before any coercive steps are taken.

'Prima Facie Unconstitutional' : Indian Union Muslim League Moves Supreme Court
To Stay Citizenship Amendment Rules 2024 (https://www.livelaw.in/top-
stories/indian-union-muslim-league-moves-supreme-court-to-stay-citizenship-
amendment-rules-2024-251925)

A day after the Union Government notified the rules to implement


(https://www.livelaw.in/top-stories/centre-notifies-rules-to-enforce-citizenship-
amendment-act-2019-251903)the controversial Citizenship Amendment Act 2019,
the Indian Union Muslim League (IUML) filed an application seeking stay of the
Citizenship Amendment Rules 2024.

Allow Additional Borrowing By Kerala Before March 31 As One Time Measure


Subject To Adjustment Next FY : Supreme Court Urges Union
(https://www.livelaw.in/top-stories/allow-additional-borrowing-by-kerala-before-
march-31-as-one-time-measure-subject-to-adjustment-next-fy-supreme-court-
urges-union-251938)

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18/03/2024, 07:58 Supreme Court Weekly Round-Up (11 March-16 March, 2024)

Case Details : State of Kerala v. Union of India., Original Suit No. 1 of 2024

Coram: Justices Surya Kant and KV Viswanathan

The Supreme Court urged the Union Government to relax the borrowing limits for
the State of Kerala for the current financial year before March 31, 2024 as a one-
time measure as a special case. The Court suggested that more rigid conditions
can be imposed for the next financial year.

Mahua Moitra's Expulsion Beyond Judicial Review, Parliament Sovereign On Its


Internal Proceedings : Lok Sabha Secretariat Tells Supreme Court
(https://www.livelaw.in/top-stories/supreme-court-tmc-mahua-moitra-lok-sabha-
secretariat-251953)

Case Details: Mahua Moitra v. Lok Sabha Secratariat & Ors. | Writ Petition (Civil)
No. 1410 of 2023

The Lok Sabha secretariat asserted the Parliament's exclusive jurisdiction over its
internal proceedings and procedures, in response to Trinamool Congress leader
Mahua Moitra's plea challenging her expulsion from the Lok Sabha.

ADR Seeks Urgent Hearing Of Challenge In Supreme Court Against New Election
Commissioners' Law Dropping CJI From Selection Committee
(https://www.livelaw.in/top-stories/supreme-court-new-election-commissioners-
law-chief-justice-of-india-selection-committee-adr-251956)

Case Details: Association for Democratic Reforms v. Union of India., Writ Petition
(Civil) No. 87 of 2024

A plea challenging the constitutionality of Section 7 of the Chief Election


Commissioner and Other Election Commissioners Act, 2023
(https://www.livelaw.in/top-stories/bill-regulate-appointment-chief-election-
commissioner-election-commissioners-presidential-assent-

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245490#:~:text=Sparsh%20Upadhyay&text=In%20a%20significant%20development,%2
was mentioned on Tuesday (March 12) before the Supreme Court, seeking an
urgent hearing.

This petition, moved by the Association for Democratic Reforms (ADR), sought
relief against the provision, which lays down the process for the appointment of
the Chief Election Commissioner and other Election Commissioners.

'What Fundamental Right Violated?': Supreme Court Asks Rebel Congress MLAs
Who Filed Writ Petition Against Disqualification From HP Assembly
(https://www.livelaw.in/top-stories/supreme-court-six-rebel-congress-mlas-
disqualification-himachal-assembly-251985)

Case Details: Chaitanya Sharma & Ors. v. Speaker, Himachal Pradesh Legislative
Assembly & Ors., Writ Petition (Civil) No. 156 of 2024

Coram: Justices Sanjiv Khanna, Dipankar Datta, and Prashant Kumar Mishra

The Supreme Court adjourned until next week the hearing of a plea by six rebel
MLAs of the Congress party challenging their disqualification from the Himachal
Pradesh state assembly. The adjournment was granted at the petitioners' request.
The court, however, expressed its doubts over the maintainability of the petition
under Article 32 of the Constitution, asking which fundamental rights of the
petitioners were violated.

'Extending Citizenship Based On Religion Offends Secularism' : DYFI Moves


Supreme Court To Stay Citizenship Amendment Rules 2024
(https://www.livelaw.in/top-stories/extending-citizenship-based-on-religion-
offends-secularism-dyfi-moves-supreme-court-to-stay-citizenship-amendment-
rules-2024-251995)

The Democratic Youth Front of India (DYFI) filed an application in the Supreme
Court seeking to stay the Citizenship (Amendment) Rules 2024.

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18/03/2024, 07:58 Supreme Court Weekly Round-Up (11 March-16 March, 2024)

In the application, the DYFI contended that granting citizenship based on the
religion of immigrants offends the fundamental principle of secularism. The
Citizenship Amendment Act 2019, for the first time ever in the history of India,
introduced religion as a condition to grant citizenship to immigrants.

Supreme Court Puts On Hold Karnataka Govt's Board Exams For Classes 5, 8 & 9
(https://www.livelaw.in/top-stories/supreme-court-puts-on-hold-karnataka-govts-
board-exams-for-classes-5-89-11-252004)

Case Title: Registered Unaided Private Schools Management Association


Karnataka v. State of Karnataka and Ors., SLP(C) No. 6256/2024 (and connected
matters)

Coram: Justices Bela M. Trivedi and Pankaj Mithal

The Supreme Court on Tuesday (March 12) put on hold the Board Exams proposed
to be held by the Karnataka Government for students of Classes 5, 8 and 9 of the
schools affiliated to the State Board.

The Court allowed the appeals filed by organisations of private schools and
parents challenging the interim order passed by a division bench of the Karnataka
High Court on March 7
(https://twitter.com/LiveLawIndia/status/1765732884990800093?t=BcIRf-
AYKEbpIoU2s0JiUQ&s=08) staying a single bench judgment
(https://www.livelaw.in/high-court/karnataka-high-court/karnataka-high-court-
quashes-karnataka-government-notification-kseab-conducting-annual-school-
exams-rte-act-251479) which quashed the Government's decision to hold board
exams for Classes 5, 8,9 and 11.

The Supreme Court set aside the interim order of the High Court division bench
and asked it to decide the main appeals expeditiously.

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18/03/2024, 07:58 Supreme Court Weekly Round-Up (11 March-16 March, 2024)

Delhi Liquor Policy Case | Supreme Court To Hear AAP MP Sanjay Singh's Bail Plea
And Challenge Against ED Arrest On March 19 (https://www.livelaw.in/top-
stories/supreme-court-aam-aadmi-party-sanjay-singh-delhi-liquor-policy-252008)

Case Details: Sanjay Singh v. Union of India & Anr., Special Leave Petition
(Criminal) No. 14510 of 2023 AND Sanjay Singh v. Directorate Of Enforcement.,
Special Leave Petition (Criminal) No. 2558 of 2024

Coram: Justices Sanjiv Khanna, Dipankar Dutta and Prashant Kumar Mishra

The Supreme Court directed Aam Aadmi Party (AAP) leader Sanjay Singh's
challenge against his arrest by the Enforcement Directorate (ED) in connection
with the alleged Delhi liquor policy scam and bail application to be listed for
hearing on Tuesday, March 19.

'Not Keen On Letting Interim V-Cs Continue, Regular Appointments Needed':


Supreme Court On WB Universities Row (https://www.livelaw.in/top-
stories/supreme-court-regular-appointment-process-vice-chancellors-west-bengal-
universities-252037)

Case Details: State of West Bengal v. Dr. Sanat Kumar Ghosh & Ors. | Special Leave
Petition (Civil) No. 17403 of 2023

Coram:Justices Surya Kant and KV Viswanathan

The Supreme Court expressed reluctance to allow interim vice-chancellors to


continue in their roles indefinitely in state-run universities in West Bengal, stressing
the need to initiate the process for regular appointments without further delay.

SBI Furnishes Electoral Bonds Details To ECI After Supreme Court Rebuke
(https://d.docs.live.net/590fca42b446df97/Documents/In%20a%20significant%20deve

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18/03/2024, 07:58 Supreme Court Weekly Round-Up (11 March-16 March, 2024)

In a significant development following the Supreme Court's rebuke


(https://www.livelaw.in/top-stories/supreme-court-electoral-bonds-state-bank-of-
india-extension-of-time-251814), the State Bank of India (SBI) has furnished
electoral bonds details to the Election Commission of India (ECI) in compliance
with the court's directives.

'Legitimizing Illegal Migration' : All Assam Students Union Moves Supreme Court
Challenging Citizenship Amendment Rules 2024 (https://www.livelaw.in/top-
stories/legitimizing-illegal-migration-all-assam-students-union-moves-supreme-
court-challenging-citizenship-amendment-rules-2024-252044)

The All Assam Students Union (AASU) has filed a writ petition in the Supreme
Court seeking the annulment of the Citizenship Amendment Rules 2024. ASSU
asserts that the notification of the Rules on 11.3.2024 (https://www.livelaw.in/top-
stories/centre-notifies-rules-to-enforce-citizenship-amendment-act-2019-
251903)stands in stark contradiction to the Assam Accord and S. 6A of the
Citizenship Act 1955. AASU argues that these rules legitimize illegal migrants,
adversely impacting indigenous culture and violating constitutional provisions.

High Court Must Not Hesitate In Quashing Criminal Proceedings Which Are
Essentially Of Civil Nature: Supreme Court (https://www.livelaw.in/supreme-
court/high-court-must-not-hesitate-in-quashing-criminal-proceedings-which-are-
essentially-of-civil-nature-supreme-court-252076?infinitescroll=1)

Case Title: NARESH KUMAR & ANR. VERSUS THE STATE OF KARNATAKA & ANR.,
2024 LiveLaw (SC) 228

Coram: Justices Sudhanshu Dhulia and PB Varale

The Supreme Court reiterated that the High Court by exercising their inherent
power must quash the prosecution based on the criminal complaint arising out of
a civil transaction.

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18/03/2024, 07:58 Supreme Court Weekly Round-Up (11 March-16 March, 2024)

Farmers' Protest | Supreme Court Refuses To Entertain Ex-BJP MLA's Plea To


Remove Protesters From Delhi Borders; Asks Him To Approach HC
(https://www.livelaw.in/top-stories/supreme-court-farmers-protest-removal-delhi-
borders-approach-high-court-252079)

The Supreme Court declined to entertain a public interest litigation (PIL) petition
seeking the immediate removal of farmers from the borders of Delhi, amidst the
ongoing farmers' protest demanding minimum price guarantees for their crops.

Social worker and former Bharatiya Janata Party MLA Nand Kishore Garg, in a bid
to clear the border areas, approached the apex court with this plea.

Kerala Rejects Union's Offer To Allow Borrowing Of Rs 5K Crores With Conditions,


Urges Supreme Court To Hear Suit On Merits (https://www.livelaw.in/top-
stories/kerala-rejects-unions-offer-to-allowborrowing-of-rs-5k-crores-with-
conditions-urges-supreme-court-to-hear-suit-on-merits-252096)

Case Details: State of Kerala v. Union of India., Original Suit No. 1 of 2024

Coram: Justices Surya Kant and KV Viswanathan.

The Union Government informed the Supreme Court it can give consent to an
additional borrowing by the State of Kerala for an amount of Rs 5000 crores in the
present financial year as a one-time measure. However, this will be subject to
stringent conditions to be imposed the next Financial Year.

Senior Advocate Kapil Sibal, appearing for the State of Kerala, refused the Centre's
proposal, saying that the concession is based on a presumption that the State was
not entitled to the additional borrowing.

'CAA Will Ensure Only Muslims Excluded From NRC Will Face Action' : Assam
Congress Leaders Approach Supreme Court (https://www.livelaw.in/top-
stories/caa-will-ensure-only-muslims-excluded-from-nrc-will-face-action-assam-
congress-leaders-approach-supreme-court-252104)

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18/03/2024, 07:58 Supreme Court Weekly Round-Up (11 March-16 March, 2024)

The Leader of Opposition in the Assam Assembly, Mr. Debabrata Saika, and
Congress MP from Assam, Mr. Abdul Khaleque, have filed an interim application in
the Supreme Court seeking a stay on the implementation of the Citizenship
Amendment Rules 2024 (https://www.livelaw.in/top-stories/centre-notifies-rules-
to-enforce-citizenship-amendment-act-2019-251903) notified on March 11. The
application contends that these rules are unconstitutional and violate the Assam
Accord.

Electoral Bonds Data Given To ECI In Two PDF Files With Purchaser & Political
Parties Details : SBI Chairman Tells Supreme Court (https://www.livelaw.in/top-
stories/supreme-court-electoral-bonds-state-bank-of-india-election-commission-
of-india-252121)

The Chairman of the State Bank of India (SBI) filed a compliance affidavit,
informing the Supreme Court that the Bank has furnished the details of electoral
bonds to the Election Commission of India (ECI). The details have been provided in
two separate information packets the first containing details of the purchasers of
the electoral bonds, and the second containing names of the political parties who
have encashed these bonds with all the requisite details.

Existing Ships Need Modification Before Female Officers Can Be Sent On Sea
Borne Missions: Coast Guard Tells Supreme Court (https://www.livelaw.in/top-
stories/existing-ships-need-modification-before-female-officers-can-be-sent-on-
sea-borne-missions-coast-guard-tells-supreme-court-252133)

Case Title: Priyanka Tyagi v. Union of India & Ors., Special Leave to Appeal (C)
3045/2024

Responding to a woman officer's petition seeking permanent commission, the


Indian Coast Guard has told the Supreme Court that various infrastructural
changes are to be made to send female officers on sea-borne missions. The
affidavit affirmed by the Principal Director, Coast Guard Head Quarters, stated that

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18/03/2024, 07:58 Supreme Court Weekly Round-Up (11 March-16 March, 2024)

ICG, primarily a sea-going service, allocates 66% of its billets for manning afloat
units, leaving only 33% for shore support units. Limited shore billets result in
prolonged sea tenures for officers.

Farmers Protest | Haryana Govt Approaches Supreme Court Against High Court
Directing Judicial Inquiry Into Death Of Protesting Farmer
(https://www.livelaw.in/top-stories/farmers-protest-haryana-govt-approaches-
supreme-cort-against-high-court-directing-judicial-inquiry-into-death-of-protesting-
farmer-252225)

Case Title: The State Of Haryana Vs. Uday Pratap Singh |Diary Number 11369-2024

The Haryana government has filed a Special Leave Petition challenging the High
Court's order of a judicial inquiry (https://www.livelaw.in/high-court/punjab-and-
haryana-high-court/punjab-haryana-high-orders-judicial-probe-on-death-of-
protesting-farmer-farmers-using-children-as-shield-in-protest-is-shameful-251525?
infinitescroll=1) into the death of a protesting farmer, Shubhkaran Singh, who lost
his life on February 21 on the Punjab-Haryana border.

According to the case details available on the Supreme Court's website, the instant
appeal was filed on March 11. However, it is still on the defect list. In other words,
the registry has not cleared it for listing.

Supreme Court Asks Ajit Pawar Group To Not Use Sharad Pawar's Name & Photo
In Posters; Suggests 'Clock' Symbol Be Not Used (https://www.livelaw.in/top-
stories/supreme-court-nationalist-congress-party-sharad-pawar-ajit-pawar-clock-
symbol-252243)

Case Details: Sharad Pawar v. Ajit Anantrao Pawar & Anr., Special Leave Petition
(Civil) No. 4248 of 2024

Coram: Justices Surya Kant and KV Viswanathan

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18/03/2024, 07:58 Supreme Court Weekly Round-Up (11 March-16 March, 2024)

The Supreme Court asked the Ajit Pawar faction, which has been officially
recognized as the Nationalist Congress Party (NCP) by the Election Commission
of India, why they are using the pictures of former NCP supremo Sharad Pawar in
campaign materials.

Supreme Court Invites Fresh Applications For Senior Designation


(https://www.livelaw.in/top-stories/supreme-court-senior-designation-
applications-invited-advocates-former-judges-252268)

The Supreme Court has invited applications from Advocates/Advocates-on-Record


as well as Former Chief Justices/Judges of High Courts for designation as Senior
Advocates in terms of the 2023 guidelines available on the Court website.

Election Commission Uploads Electoral Bonds Data On Website As Per Supreme


Court's Direction (https://www.livelaw.in/top-stories/election-commission-uploads-
electoral-bonds-data-on-website-as-per-supreme-courts-direction-252331)

The Election Commission of India has uploaded on its website the data supplied
by the State Bank of India regarding electoral bonds. Two sets of files can be seen
on the webpage. One set contains the purchase details - date of purchase of the
electoral bond, the name of the purchaser and the denomination.

The second set contains the political parties' details- date of encashment, the
name of the political party and the denomination. Notably, no link between the
purchaser and the party is discernible from the files.

Supreme Court Says State Bank Of India Has To Disclose Electoral Bond Numbers,
Issues Notice To SBI (https://www.livelaw.in/top-stories/supreme-court-electoral-
bonds-sbi-state-bank-of-india-252365)

Case Details: Association for Democratic Reforms & Anr. v. Union of India & Ors.,
Diary No. 11805 of 2024

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18/03/2024, 07:58 Supreme Court Weekly Round-Up (11 March-16 March, 2024)

Coram: Chief Justice DY Chandrachud, Justice Sanjiv Khanna, Justice BR Gavai,


Justice JB Pardiwala, and Justice Manoj Misra

The Supreme Court has categorically stated that the State Bank of India (SBI) has
to disclose electoral bonds numbers as well, in addition to the details it has
already disclosed regarding the purchase and redemption of the bonds.

Supreme Court To Hear Pleas For Staying Citizenship Amendment Rules 2024 On
March 19 (https://www.livelaw.in/top-stories/supreme-court-citizenship-
amendment-rules-indian-union-muslim-league-252366)

The Supreme Court has agreed to hear a batch of pleas for staying the freshly-
notified Citizenship Amendment Rules on Tuesday, March 19.

'Normally We Don't Stay A Legislation' : Supreme Court Posts Pleas To Stay


Election Commissioners Act On March 21 (https://www.livelaw.in/top-
stories/supreme-court-new-law-dropping-chief-justice-of-india-panel-appointing-
election-commissioners-252386)

Case Details: Dr Jaya Thakur & Ors. v. Union of India & Anr., Writ Petition (Civil) No.
14 of 2024 and connected matters

Coram: Justices Sanjiv Khanna, Dipankar Datta, and Augustine George Masih

The Supreme Court decided to postpone the hearing on pleas to stay the new law
that removes the Chief Justice of India from the selection panel appointing
election commissioners. Stating that the interlocutory applications are not on
record, the court posted the matter to March 21.

1984 Anti-Sikh Riots : Supreme Court Calls CBI's Response On Ex-Congress


Councilor Balwan Khokhar's Furlough Plea (https://www.livelaw.in/top-
stories/supreme-court-1984-anti-sikh-riot-convict-furlough-plea-cbi-reply-sought-
252404)

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18/03/2024, 07:58 Supreme Court Weekly Round-Up (11 March-16 March, 2024)

Case Title: Balwan Khokhar v. CBI Crl. A. No. 1665-66/2019

Coram: Justices JK Maheshwari and Sanjay Karol

In a furlough application filed by former Congress Councillor Balwan Khokhar, one


of the convicts in 1984 anti-Sikh riots case, the Supreme Court today called for a
response from Central Bureau of Investigation.

Employer Can't Change Qualifications Prescribed In Advertisement In The Middle


Of Selection Process : Supreme Court (https://www.livelaw.in/supreme-
court/employer-cant-change-qualifications-prescribed-in-advertisement-in-the-
middle-of-selection-process-supreme-court-252407)

Case Title: ANIL KISHORE PANDIT VERSUS THE STATE OF BIHAR AND OTHERS.,
2024 LiveLaw (SC) 233

Coram: Justices Hima Kohli and Ahsanuddin Amanullah

Recently, the Supreme Court observed that any change to the


eligibility/qualifications prescribed in the recruitment advertisement in the middle
of the selection process is an impermissible exercise and would tantamount to
denial of opportunity to the candidate eligible to be selected as per the original
advertisement.

Supreme Court Posts BRS Leader K Kavitha's Plea Against ED Summons To March
19 (https://www.livelaw.in/top-stories/supreme-court-brs-leader-k-kavitha-plea-
against-ed-summons-adjourned-252445)

Case Title: KALVAKUNTLA KAVITHA v. DIRECTORATE OF ENFORCEMENT, W.P.


(Crl.) No. 103/2023 (and connected matter)

Coram: Justices Bela M Trivedi and Pankaj Mithal

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18/03/2024, 07:58 Supreme Court Weekly Round-Up (11 March-16 March, 2024)

The Supreme Court adjourned the hearing of the plea by Bharat Rashtra Samithi
(BRS) leader and former Telangana CM's daughter K. Kavitha challenging ED
summons in relation to the Delhi Excise Policy case till March 19.

Primary Teachers | Any Bridge Course To Put B.Ed. Holders At Par With D.El.Ed.
Candidates? Supreme Court Asks Union (https://www.livelaw.in/top-
stories/supreme-court-primary-school-teacher-bed-bridge-course-deled-252447)

Case Title: Devesh Sharma v. Union of India & Ors.m M.A. Diary No(s). 4303/2024
in C.A.No.5068/2023

Coram: Justices Aniruddha Bose and Sudhanshu Dhulia

In a service-related matter, the Supreme Court has asked the Union of India to
apprise if there is any bridge course in operation that teachers with Bachelor of
Education (B.Ed.) qualification, who were appointed prior to its judgment in 2023,
can take to train themselves to be at par with D.El.Ed candidates.

States Are In Prima Facie Violation Of Directions Issued For Exepditing Adoption
Process : Supreme Court Gives Last Chance To Comply
(https://d.docs.live.net/590fca42b446df97/Documents/States%20Are%20In%20Prima%

Case Title: The Temple of Healing v. Union of India| WP(C) 1003/2021

Coram: Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj


Misra

The Supreme Court, while hearing a PIL to simplify adoption procedures, observed
that the States are prima facie in breach of the previous directions to expedite the
adoption process. In view of this, the Court gave the States one last opportunity to
comply with the directions, failing which the Court may resort to coercive
proceedings.

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18/03/2024, 07:58 Supreme Court Weekly Round-Up (11 March-16 March, 2024)

Can Writ Under Article 32 Be Issued Against A Private Individual? Supreme Court
To Examine (https://www.livelaw.in/top-stories/can-writ-under-article-32-be-
issued-against-private-individual-supreme-court-to-examine-252468)

Case Title: SUNIL KUMAR SINGH vs. Y.S. JAGAN MOHAN REDDY., Diary No.-
22175 – 2020

Coram: Justices Surya Kant and K.V. Vishwanathan

The Supreme Court is set to examine a crucial point for its adjudication: "whether
a writ under Article 32 of the Constitution of India can be issued against a private
individual and if so under what circumstances an appropriate writ can be issued.?”

Bhima Koregaon Case | 'Don't Need Shoma Sen In Custody Anymore': NIA Tells
Supreme Court; Oral Arguments In Bail Plea Concluded
(https://www.livelaw.in/top-stories/supreme-court-bhima-koregaon-shoma-sen-
nia-custody-252506)

Case Title: Shoma Kanti Sen v. State of Maharashtra & Anr., Special Leave Petition
(Criminal) No. 4999 of 2023

Coram: Justices Aniruddha Bose and Augustine George Masih

In a significant development, the National Investigation Agency (NIA) made a


surprising admission in the Supreme Court this week regarding former Nagpur
University professor and Bhima Koregaon-accused Shoma Sen.

Represented by Additional Solicitor General KM Nataraj, the agency admitted that


they no longer require Sen's custody, after the bench questioned him over the
necessity of her continued detention.

Filing Of Anticipatory Bail Application Through Advocate Can't Be Considered As


Appearance Of Absconding Accused : Supreme Court
(https://www.livelaw.in/supreme-court/filing-of-anticipatory-bail-application-

https://www.livelaw.in/top-stories/supreme-court-weekly-round-up-11-march-16-march-2024-252578 32/36
18/03/2024, 07:58 Supreme Court Weekly Round-Up (11 March-16 March, 2024)

through-advocate-cant-be-considered-as-appearance-of-absconding-accused-
supreme-court-252512)

Case Title: SRIKANT UPADHYAY VS. THE STATE OF BIHAR

Coram: Justices CT Ravikumar and Sanjay Kumar

Recently, the Supreme Court observed that the mere filing of an anticipatory bail
application by the accused could not be treated as his appearance before the
court which had initiated proceedings under Section 82/83 Cr.P.C. against the
accused.

AIMIM President Asaduddin Owaisi Moves Supreme Court Seeking To Stay


Citizenship Amendment Rules 2024 (https://www.livelaw.in/top-stories/aimim-
president-asaduddin-salahuddin-owaisi-moves-supreme-court-seeking-to-stay-
citizenship-amendment-rules-2024-252515)

In a batch of petitions seeking to stay the implementation of the Citizenship


(Amendment) Rules 2024, the leader of All India Majlis-e-Ittehadul Muslimeen
(AIMIM), Asaduddin Owaisi, has filed another application.

'Union Itself Aware That There's No Urgency To Enforce CAA' : Kerala Moves
Supreme Court For Stay Of Citizenship Amendment Act
(https://www.livelaw.in/top-stories/union-itself-aware-that-theres-no-urgency-to-
enforce-caa-kerala-moves-supreme-court-for-stay-of-citizenship-amendment-act-
252533)

The State of Kerala has approached the Supreme Court seeking an interim
injunction restraining the Union from implementing the Citizenship Amendment
Act, 2019 and its recently notified Rules. In 2019, the State had filed an original suit
(https://www.livelaw.in/top-stories/breaking-state-of-kerala-files-suit-in-sc-against-
union-govt-challenging-citizenship-amendment-act-151600) under Article 131 of
the Constitution challenging the constitutionality of the CAA. The State pointed out

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18/03/2024, 07:58 Supreme Court Weekly Round-Up (11 March-16 March, 2024)

that in 2019, its Assembly had unanimously requested the Union


(https://www.livelaw.in/news-updates/kerala-legislature-passes-resolution-
against-caa-151179)to abrogate this impugned Act.

Supreme Court To Deliver Judgment On AAP Leader Sateyender Jain's Bail Plea On
March 18 (https://www.livelaw.in/top-stories/supreme-court-to-deliver-judgment-
on-aap-leader-sateyender-jains-bail-plea-on-march-18-252560)

Case Title: Satyendar Kumar Jain v. Directorate of Enforcement | Special Leave


Petition (Criminal) No. 6561 of 2023

Coram: Justices Bela M Trivedi and Pankaj Mithal

The Supreme Court will deliver the judgment on the bail plea of Aam Aadmi Party
leader and former Delhi Minister Satyendar Jain in a money laundering case on
March 18.

https://www.livelaw.in/top-stories/supreme-court-weekly-round-up-11-march-16-march-2024-252578 34/36
18/03/2024, 07:58 Supreme Court Weekly Round-Up (11 March-16 March, 2024)

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