Author name: CiteCase

List Of 1085 Supreme Court Judgments Of 2023 Along With Their Neutral Citation

Source: SCI Website Note: All these judgments can be accessed from the Supreme Court website. Neutral Citation Cause Title 2023 INSC 2 VIVEK NARAYAN SHARMA v/s UNION OF INDIA 2023 INSC 1 DEEPAK GABA v/s STATE OF UTTAR PRADESH 2023 INSC 3 PREM SINGH v/s STATE OF NCT DELHI 2023 INSC 4 KAUSHAL KISHOR v/s …

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Anil Kumar Alias Anil Baba vs Union of India – Art. 32 Constitution – Arnesh Kumar judgment & SC-ST Act

Constitution of India, 1950 ; Article 32 – Assuming that a High Court has passed an erroneous order, the remedy does not lie under Article 32 of the Constitution. Such an order can be subjected to judicial review of this Court through appropriate proceedings initiated by an aggrieved person. (Para 5) Summary: Writ Petition seeking …

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Rohit Chaturvedi vs State of Uttarakhand – S 433 CrPC – Remission

Code of Criminal Procedure, 1973 ; Section 433 – Offence committed in Uttar Pradesh – Trial of convict conducted in Uttarakhand – Which State has jurisdiction to decide remission: Uttar Pradesh- Where the crime was committed and not the State where the trial stands transferred and concluded – Referred to Shah Alias Lala Vakil Vs. …

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Law On PMLA Arrests: A Journey From Section 19 To Vijay Madanlal Choudhary To Pankaj Bansal To Ram Kishor Arora

Section 19 of the Prevention of Money Laundering Act, 2002, which guides the procedure of arresting an accused in money laundering cases, reads as follows: Power to arrest.– (1) If the Director, Deputy Director, Assistant Director or any other officer authorised in this behalf by the Central Government by general or special order, has on …

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Ruled and Overruled By SC Constitution Bench In 2023: NN Global Judgment

Overruling of Constitution Bench judgments is not a strange thing. To give a popular example, the 13 Judges Bench in Kesavananda Bharati vs State of Kerala AIR 1973 SC 1461  had  overruled 11 Judges bench in I. C. Golaknath & Ors vs State Of Punjab 1967 SCR (2) 762. But it used to take at …

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Sanjit Saha vs State of West Bengal 2023 INSC 1085 – SC Rules -Convict surrendering

Supreme Court Rules, 2013; Order XXII Rule 5 ; Order V Rule 2(35)- A convict has to surrender to the sentence before filing the Special Leave Petition unless an application for exemption from surrendering is filed – the Judge In-chambers has the power to exempt from surrendering or to refuse exemption. In the event of …

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Buddhadeb Saha vs State of West Bengal 2023 INSC 1084 – Death By Poisoning

Criminal Trial – Death by poisoning – Where the deceased dies as a result of poisoning, it is difficult to successfully isolate the poison and recognise it. Lack of positive evidence in this respect would not result in throwing out the entire prosecution case, if the other circumstances clearly point out the guilt of the …

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Chandrasekhar Patel vs Suresh 2023 INSC 1083 – Ss 378,386 CrPC -Scope Of Appeal Against Acquittal

Code of Criminal Procedure, 1973; Section 378,386 – When an Appellate Court deals with an appeal against an order of acquittal, it is no doubt true that the Appellate Court has to re-appreciate the evidence of the prosecution witnesses. After reappreciating the evidence on record, the Appellate Court has to examine whether the Court which …

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Sayunkta Sangarsh Samiti vs State of Maharashtra 2023 INSC 1080 – Slum Rehabilitation Authority

Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 – Slum Rehabilitation Authority –SRA has to act in terms of its own policies and circulars without allowing private or contractual interests to prevail over public policy especially a policy which is welfare based – slum society or private Developer cannot dictate terms to the SRA …

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