CLAT PG/LLM 2023: Important Judgements
- State Bank of India and others vs Dr.Vijay Mallya
The Supreme Court has sentenced fugitive liquor baron Vijay Mallya to four months imprisonment and a fine of Rupees 2000 for contempt of court.
Mallya was found guilty in 2017 for transferring USD 40 million to his children in violation of the orders passed in a case filed by a consortium of banks led by the State Bank of India.
2. Satender Kumar Antil vs Central Bureau Of Investigation 2022
The Supreme Court observed that any non-compliance of Section 41 and 41A of Criminal Procedure Code at the time of arrest would entitle the accused for grant of bail.The bench comprising Justices Sanjay Kishan Kaul and MM Sundresh observed that Section 41 and 41A are facets of Article 21 of the Constitution of India.”The investigating agencies and their officers are duty-bound to comply with the mandate of Section 41 and 41A of the Code and the directions issued in Arnesh Kumar judgment..Any dereliction on their part has to be brought to the notice of the higher authorities by the court followed by appropriate action”, the bench said.
3. Abu Salem Abdul Kayyum Ansari v. The State of Maharashtra Criminal Appeal No. 679 of 2015
The Supreme Court has held that the sentence of life imprisonment imposed on Abu Salem in the 1993 Bombay Blasts case has to remitted upon the completion of 25 years from the date of his extradition to India, as the sovereign commitment made by the Government of India to the Republic of Portugal at the time of extraditing Salem to India was that his sentence will not exceed 25 years.”On the appellant completing 25 years of sentence, the Central Government is bound to advise the President of India for exercise of powers under Article 72 of the Constitution of India and to release the appellant in terms of the national commitment as well as the principle based on the comity of courts”, the Court ordered.
4. State of West Bengal vs Rakesh Singh @ Rakesh Kumar Singh
The Supreme Court observed that the rigours of Section 37 NDPS Act will not apply in a case where applicability of Section 27A NDPS Act is seriously questionable and there was no recovery from the accused and quantity in question was intermediate quantity.
5. X vs Y Citation : 2022 LiveLaw (SC) 618
The Supreme Court, in an order passed recently, called upon its Registry to examine the plea of a litigant based on ‘right to be forgotten’ and ‘right of eraser’. “We thus, call upon the Registry of the Supreme Court to examine the issue and to work out how the name of both the petitioner and respondent No.1 along with address details can be masked so that they do not appear visible for any search engine“, the bench of Justices Sanjay Kishan Kaul and MM Sundresh observed.
6. Mohammed Zubair v. State of NCT of Delhi, 2022 SCC OnLine SC 897
Alt News Co-founder and fact checker Mohammed Zubair, the 3-judge bench of Dr. DY Chandrachud, Surya Kant and AS Bopanna, JJ has directed that Zubair will continue to remain enlarged on bail, subject to his filing a personal release bond in the amount of Rs 20,000 with respect to 6 FIRs filed against him at various places.
7. Manoj v. State of M.P 2022 SCC Online SC 677
Supreme Court: In a significant ruling regarding better evaluation of possibility for the accused to be reformed, the 3-judge Bench comprising Uday Umesh Lalit, S. Ravindra Bhat* and Bela. M. Trivedi, JJ., framed practical guidelines for the courts to adopt and implement for conviction of offenses that carry the possibility of the death sentence.
8. Kotak Mahindra Bank Ltd. v. A. Balakrishnan, 2022 SCC OnLine SC 706,
“The legislative intent could not have been to exclude a liability in respect of a “claim” arising out of a Recovery Certificate from the definition of the term “financial debt”, when such a liability in respect of a “claim” simpliciter would be included in the definition of the term “financial debt”.”