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100 Important Judgments Of Supreme Court 2023 -Part

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24 Dec 2023 10:05 AM

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As is the annual tradition, LiveLaw brings to you the list of 100 important Supreme
Court judgments of the current year - a much awaited article by our dear readers.
The judgments are selected based on the following criteria - (i) importance to the
general public; (ii) settlement of a contested position of law; (iii) utility for practising
lawyers, judges and students.

A disclaimer is added here that the judgments included in the list are not necessarily
good or the best judgments; some of them are controversial and regarding some
others, there are strong counter-views. Yet, these judgments are worthy of being
noted and discussed upon, considering their general importance and impact on
litigation and general socio-political arena. Hence, the inclusion in this list. The
judgments are arranged in the chronological order. The reports about the judgments
are hyperlinked at the case description.

The list of 100 judgments will be published in four parts and this is the second part.
Part 1 can be read here. (https://www.livelaw.in/supreme-court/100-important-
supreme-court-judgments-of-2023-part-1-244787) Part 2 can be read here.
(https://www.livelaw.in/supreme-court/100-important-supreme-court-judgments-of-
2023-part-226-50-245058) Part 4 can be read here (https://www.livelaw.in/top-
stories/100-important-supreme-court-judgments-of-2023-part-4-76-to-100-245385).

51. Filing Incomplete Chargesheet Without Completing Investigation Would Not

Extinguish The Right Of Accused To Get Default Bail: Supreme Court
(https://www.livelaw.in/top-stories/supreme-court-default-bail-incomplete-
chargesheet-without-completing-investigation-right-of-accused-227225?
infinitescroll=1)

Case Title : Ritu Chhabaria v. Union of India And Ors, 2023 LiveLaw (SC) 352.

The Supreme Court held that without completing an investigation of a case, a

chargesheet or prosecution complaint can't be filed by an Investigating Agency only
to deprive an accused of his right to default bail under Section 167 of CrPC. It may be
noted that a 3-judge bench of the Court later effectively kept this judgment in
abeyance by directing that (https://www.livelaw.in/top-stories/supreme-court-asks-
all-courts-to-defer-applications-for-default-bail-based-on-ritu-chhabaria-judgment-
beyond-may-12-228066)Courts should not grant bail relying on Ritu Chhabaria.

52. View That There Cannot Be Police Custody Beyond 15 Days From Date Of Arrest
Should Be Reconsidered : Supreme Court (https://www.livelaw.in/top-stories/view-
that-there-cannot-be-police-custody-beyond-15-days-from-date-of-arrest-should-be-
reconsidered-supreme-court-225954)

Case Title : Vikas Mishra v. CBI, Citation : 2023 LiveLaw SC 283

The Supreme Court opined that its decision in CBI v. Anupam J. Kulkarni
(https://indiankanoon.org/doc/244622/), wherein it was observed that there cannot
be police custody beyond 15 days from the date of arrest, requires to be re-
considered.

53. Accused Not Entitled To Default Bail When First Extension(Passed In Absence Of
Accused) Wasn't Challenged & Second Extension Was Passed In His Presence
(https://www.livelaw.in/top-stories/accused-not-entitled-to-default-bail-when-first-
extension-wasnt-challenged-second-extension-was-passed-in-his-presence-supreme-
court-226124)

Case Title : Qamar Ghani Usmani v. The State of Gujarat , Citation :2023 LiveLaw (SC)
297

The Supreme Court held that an accused cannot claim the benefit of default bail,
when he did not challenge the first extension of time granted for investigation and the
second extension was granted in his presence and when the chargesheet was
subsequently filed within the period of extension.
54. Govt Employees Can't Be Denied Annual Increment Merely Because They Retired
The Next Day Of Earning It (https://www.livelaw.in/top-stories/govt-employees-cant-
be-denied-annual-increment-merely-because-they-have-retired-the-next-day-of-
earning-it-supreme-court-226116)

Case Title : The Director (Admn and HR) KPTCL & Others vs CP Mundinamani and
others, Citation : 2023 LiveLaw (SC) 296

In a significant judgment, the Supreme Court has held that government employees
cannot be denied the annual increment merely because they are to retire on the very
next day of earning the increment.

55. Can't Direct That 50% HC Judges Should Be From District Judiciary; But At Least
1/3rd Should Be From Judicial Services : Supreme Court (https://www.livelaw.in/top-
stories/cant-direct-that-50-hc-judges-should-be-from-district-judiciary-but-at-least-
13rd-should-be-from-judicial-services-supreme-court-227823)

[Case Title: All India Judges Association And Ors. v. Union of India And Ors. WP(C)
No. 1022/1989]

Citation : 2023 LiveLaw (SC) 385

The Supreme Court refused to issue directions to the High Courts to fill 50% of the
seats in the respective High Courts from the Bench (service judges, district judiciary),
if vacancy from the Bar quota lies vacant for more than 6 months.

56. Section 140(5) Companies Act 2013 Is Constitutional; Resignation Of Auditor

Won't End Proceedings Under Sec 140(5) : Supreme Court
(https://www.livelaw.in/top-stories/supreme-court-section-1405-companies-act-
constitutional-validity-resignation-auditor-union-of-india-vs-deloitte-haskins-and-sells-
llp-227853)
[Case Title: Union of India vs Deloitte Haskins and Sells LLP]

Citation: 2023 LiveLaw (SC) 388

The Supreme Court upheld the constitutional validity of Section 140(5) of the
Companies Act, 2013 and held that that the provision is "neither discriminatory,
arbitrary and/or violative of Articles 14, 19(1)(g) of the Constitution of India".

57. District Police Chief Can't Order Further Investigation Without Permission From
Magistrate Or Higher Court: Supreme Court (https://www.livelaw.in/supreme-
court/supreme-court-further-investigation-power-magistrate-higher-court-police-
228114)

Case Title: Peethambaran v. State of Kerala & Anr. Citation : 2023 LiveLaw (SC) 402

The Supreme Court stated that the power to order further investigation rests with
either with the concerned magistrate or with a higher court and not with an
investigating agency.

58. IBC | Date Of Order Pronouncement & Time Taken To Provide Certified Copy
Excluded From Limitation Period For Appeal To NCLAT : Supreme Court
(https://www.livelaw.in/supreme-court/ibc-section-612-nclat-limitation-date-of-order-
time-to-provide-certified-copy-228323)

[Case Title: Sanket Kumar Agarwal & Anr v APG Logistics Private Limited] Citation:
2023 LiveLaw (SC) 406

The Supreme Court has held that for the purpose of computing limitation for filing of
appeal under Section 61(2) of the Insolvency and Bankruptcy Code, 2016, the time
taken by Tribunal for providing certified copy of order to be challenged ought to be
excluded from computation of limitation.
Related - IBC | When Matter Heard On A Particular Date But Order Pronounced Later,
NCLT Not To Affix Date Of Hearing On Order: Supreme Court
(https://www.livelaw.in/top-stories/supreme-court-stipulates-nclt-distinction-
between-hearing-and-pronouncement-in-orders-nclt-rules-244675)

59. 2015 Arbitration Amendment Not Applicable Though S.11 Application Was Filed
After It, If Arbitration Notice Was Issued Pre-Amendment: Supreme Court
(https://www.livelaw.in/supreme-court/supreme-court-ruling-arbitration-conciliation-
amendment-act-2015-section-11-application-228415)

[Case Title: M/s. Shree Vishnu Constructions vs The Engineer in Chief Military
Engineering Service & Ors.]

Citation : 2023 LiveLaw (SC) 417

The Supreme Court has ruled that where the notice invoking arbitration is issued prior
to the coming into force of the Arbitration and Conciliation (Amendment) Act, 2015,
i.e., prior to 23.10.2015, and the application under Section 11 of the Arbitration and
Conciliation Act, 1996 (A&C Act), seeking appointment of an arbitrator, is made post
the enforcement of the Amendment Act, the 2015 Amendment Act shall not be
applicable.

60. GNCTD vs LG: Supreme Court Holds Delhi Govt Has Control Over "Services"
Excluding Public Order, Police & Land (https://www.livelaw.in/top-stories/supreme-
court-delhi-govt-vs-lg-civil-services-control-228468)

[Case Title : Government of NCT of Delhi vs Union of India] Citation : 2023 LiveLaw
(SC) 423

The Supreme Court Constitution Bench held that the National Capital Territory of
Delhi has legislative and executive power over administrative services in the National
Capital, excluding matters relating to public order, police and land. The Lieutenant
Governor shall be bound by the decision of Delhi government over services, apart
from public order, police and land, it held. All reports about the judgment can be
found here. (https://www.livelaw.in/tags/government-of-nct-of-delhi-vs-union-of-india-
2023-livelaw-sc-423)

61. Maharashtra Case - Governor's Decision For Floor Test Wrong, But Uddhav Govt
Can't Be Restored As He Resigned : Supreme Court (https://www.livelaw.in/top-
stories/shivsena-supreme-court-maharashtra-case-uddhav-thackeray-eknath-shinde-
228476)
[Case Title: Subhash Desai v. Principal Secretary, Governor of Maharashtra And Ors.
WP(C) 493/2022]

Citation : 2023 LiveLaw (SC) 422

In the matter pertaining to the Shiv Sena rift, the Supreme Court Constitution bench
held that it cannot order the restoration of the Uddhav Thackeray government as he
resigned without facing floor test. Since Thackeray voluntarily resigned, the Court
held that the Governor was right in inviting Ekanth Shinde form the government with
the support of BJP. All Other reports about the judgment can be read here.
(https://www.livelaw.in/tags/subhash-desai-vs-principal-secretary-governor-of-
maharashtra-2023-livelaw-sc-422)

62. Be Vigilant Before Invoking Stringent Laws Like SC-ST Act : Supreme Court
'Reminds' Police Officers (https://www.livelaw.in/supreme-court/supreme-court-sc-st-
act-police-officers-be-vigilan-sri-gulam-mustafa-vs-state-of-karnataka-228519)

[Case Title: Sri Gulam Mustafa vs State of Karnataka]

Citation: 2023 LiveLaw (SC) 421

The Supreme Court observed that the police officers have to be vigilant before
invoking provisions of stringent laws like SC-ST (Prevention of Attrocities) Act.
63. Supreme Court Modifies Guidelines For Senior Advocate Designations; Says
Process Should Be Done At Least Once A Year (https://www.livelaw.in/top-
stories/supreme-court-senior-advocate-designation-indira-jaising-justice-sk-kaul-
228545)

[Case Title: Indira Jaising v. Supreme Court of India MA 709/2022 in WP(C) No.
454/2015]

Citation : 2023 LiveLaw (SC) 425

The Supreme Court passed directions in pleas seeking modifications in the

guidelines regulating the conferment of designation of Senior Advocates as laid
down in its 2017 judgment.

64. Ensure ICCs Are Constituted Under POSH Act : Supreme Court To All Govts,
Statutory Professional Bodies, Universities Etc (https://www.livelaw.in/supreme-
court/supreme-court-directions-posh-act-sexual-harassment-workplace-228580)

[Case Title: Aureliano Fernandes Versus State Of Goa And Others | Civil Appeal No.
2482 Of 2014]

Citation : 2023 LiveLaw (SC) 424

In a significant judgement, the Supreme Court of India has issued a slew of directions
for the proper implementation of the Sexual Harassment of Women at Work Place
(Prevention, Prohibition and Redressal) Act, 2013 [POSH Act] all over the country.

65. IBC | NCLT Has To Admit Sec 7 Petition If Debt Is Due; Decision In 'Vidarbha
Industries' Based On Its Facts : Supreme Court (https://www.livelaw.in/supreme-
court/ibc-supreme-court-nclt-admit-sec-7-debt-vidarbha-industries-m-suresh-kumar-
reddy-canara-bank-228611)
[Case Title: M. Suresh Kumar Reddy v Canara Bank & Ors.]

Citation : 2023 LiveLaw (SC) 428

The Supreme Court has held that if the existence of a financial debt and its default on
the part of Corporate Debtor has been proved, then the National Company Law
Tribunal (“NCLT”) is left with no option apart from admitting the petition under
Section 7 of the Insolvency and Bankruptcy Code, 2016 (“IBC”).

66. Supreme Court Laments Trial Judges Not Using Section 313(5) CrPC; Asks
Judicial Academies To Take Notice (https://www.livelaw.in/supreme-court/supreme-
court-section-3135-crpc-trial-courts-judicial-academies-228734)

[Case Title: Raj Kumar @ Suman v. State (NCT of Delhi)]

Citation : 2023 LiveLaw (SC) 434

The Supreme Court recently opined that while recording the statement under Section
313 of CrPC in cases involving a large number of prosecution witnesses, the Judicial
Officers should take benefit of Section 313 (5) of CrPC, which will ensure that the
chances of committing errors and omissions are minimized.

67. 'Receipt Of Bribe Is An Act Of Money Laundering' : Supreme Court Says

Registration Of FIR In Corruption Case Sufficient To Launch ED Probe; Refuses To
Refer 'Vijay Madanlal Choudhary' Judgment, Which Upheld PMLA Provisions, To
Larger Bench (https://www.livelaw.in/tags/y-balaji-vs-karthik-desari-2023-livelaw-sc-
440)

[Case Title: Y. Balaji v. Karthik Desari & Anr. | Special Leave Petition (Criminal) No.
12779-12781 of 2022 and other connected matters]

Citation : 2023 LiveLaw (SC) 440

A two-judge bench of the Supreme Court has turned down a plea to refer the
judgment in Vijay Madanlal Choudhary vs Union of India, which upheld several
provisions of the Prevention of Money Laundering Act 2002, to a larger bench.

68. Supreme Court Upholds Laws Allowing Jallikattu, Kambala & Bull-Cart Racing In
Tamil Nadu, Karnataka & Maharashtra (https://www.livelaw.in/top-stories/supreme-
court-jallikattu-allowed-tamil-nadu-article-25-culture-kambala-maharashtra-animal-
cruelty-228956)
[Case Title: The Animal Welfare Board of India And Ors. v. UoI And Anr. WP(C) No.
23/2016]

Citation : 2023 LiveLaw (SC) 447

A Constitution Bench of the Supreme Court upheld the constitutional validity of the
State amendments made to the central law Prevention of Cruelty to Animals Act by
the States of Tamil Nadu, Karnataka and Maharashtra to allow the conduct of animal
sports like Jalikattu, Kambala and bull-cart racing in these respective States.

69. Electricity Dues Of Previous Occupier Can Be Recovered From Subsequent

Occupier Of Premises : Supreme Court (https://www.livelaw.in/top-stories/supreme-
court-electricity-dues-previous-occupier-recovered-from-subsequent-
occupierpremises-229078)

[Case Title: KC Ninan vs Kerala State Electricity Board and others C.A 2109-
2110/2004]

Citation : 2023 LiveLaw (SC) 453

In a significant judgment, the Supreme Court has held that electricity dues of the
previous owner of a property can be recovered from the subsequent owner or an
auction purchaser.
70. Increase In Salary Of High Court Judges Must Reflect In Same Proportion To
District Judges : Supreme Court (https://www.livelaw.in/top-stories/supreme-court-
increase-in-salary-of-high-court-judges-must-reflect-in-same-proportion-to-district-
judges-229411)
[Case Title: All India Judges Association v. UoI And Ors. WP(C) No. 643/2015]

Citation : 2023 LiveLaw (SC) 452

The Supreme Court, in its judgement accepting various recommendations of the

Second National Judicial Pay Commission (SNJPC) on pay, pension, gratuity, age of
retirement etc. of judicial officers, remarked that the functions of District judges were
essentially the same as High Court judges. Hence, the increase in the salary of the
High Court judges should reflect in the pay scale of district judges in the same
proportion. The inability of a judicial officer (https://www.livelaw.in/top-
stories/supreme-court-civil-judges-junior-division-acp-norms-judicial-officers-targets-
229491)to reach the prescribed targets of disposal or not satisfying the quantitative
norms during the initial stage of the career need not be viewed seriously.

71. State Monopolies, Govt Companies & PSUs Can't Violate Competition Act :
Supreme Court (https://www.livelaw.in/top-stories/legal-stalwarts-who-shaped-
indian-constitutional-jurisprudence-justice-dipankar-datta-discusses-232269?
infinitescroll=1)

[Case Title : Coal India Ltd v Competition Commission of India]

Citation. : 2023 LiveLaw (SC) 484

The Supreme Court has observed that State Monopolies, Government Companies
and Public Sector Units cannot be allowed to indulge in anti-competitive practices in
violation of the Competition Act 2002. It held that Coal India Ltd. would come under
the purview of the Competition Act, 2002 despite being a Public Sector Undertaking.
72. UAPA - 'Watali' Precedent Won't Apply If Evidence Is Of Low Probative Value On
Surface Level Analysis: Supreme Court (https://www.livelaw.in/top-stories/uapa-
watali-precedent-wont-apply-if-evidence-is-of-low-probative-value-on-surface-level-
analysis-supreme-court-234489)

Case title: Vernon v. State of Maharashtra

Citation: 2023 LiveLaw (SC) 575

The Supreme Court's decision to grant bail to Bhima Koregaon-accused and activists
Vernon Gonsalves and Arun Ferreira appears to have carved out a crucial exception in
an otherwise unyielding interpretation of the court's bail-granting powers under the
Unlawful Activities (Prevention) Act, which flows from the Zahood Ahmad Watali
judgment.

In Vernon, the bench of Justices Aniruddha Bose and Sudhanshu Dhulia held that a
plea for bail under Section 43D(5) of the Unlawful Activities (Prevention) Act would
not pass muster of the prima facie test envisioned in Watali without “at least surface-
analysis of the probative value of evidence” and if the court is not satisfied of the
worth of the probative value of such evidence.

73. 'Strictly Follow Arnesh Kumar Guidelines On Arrest': Supreme Court Directs High
Courts & DGPs To Ensure Compliance (https://www.livelaw.in/top-stories/supreme-
court-arnesh-kumar-guidelines-arrest-section-498a-high-court-director-general-of-
police-notifications-234044)

Case Details: Md Asfak Alam v. State of Jharkhand & Anr.

Citation: 2023 LiveLaw (SC) 583

The Supreme Court of Indi reiterated the guidelines laid down by the top court for
arrest under Section 498A of the Indian Penal Code, 1860, and for other offences
punishable by a maximum jail term of seven years in its 2014 Arnesh Kumar
judgment.

Not only this, a bench of Justices S Ravindra Bhat and Aravind Kumar has also
directed high courts and police chiefs to issue notifications and circulars in terms of
the 2014 judgment to ensure strict compliance.

74. 15 Days Police Custody Meant To Be Applied To Entire Period Of Investigation As

A Whole: Supreme Court Doubts 1992 Precedent (https://www.livelaw.in/top-
stories/supreme-court-bar-police-custody-15-days-arrest-1992-precedent-anupam-
kulkarni-larger-bench-reconsideration-234647)

Case Title: V. SENTHIL BALAJI v. THE STATE REPRESENTED BY DEPUTY DIRECTOR

Citation: 2023 LiveLaw (SC) 611

In the Senthil Balaji case, the Supreme Court has questioned the interpretation given
by the 1992 judgment in CBI v. Anupam J. Kulkarni that the police or investigating
agency can't seek custody of the accused after the first 15 days from the arrest.

A two-judge bench of the Supreme Court, while dismissing Tamil Nadu Minister
Senthil Balaji and his wife's plea against custody by the Directorate of Enforcement
(ED), held that the prescribed 15-day-period of police custody can be an aggregate of
shorter periods of custody sought over the entire period of investigation lasting 60 or
90 days, as a whole. Therefore, the bench has referred Anupam Kulkarni (1992) to a
larger bench for reconsideration.

Also from this judgment- Violation Of Section 19 PMLA Will Vitiate Arrest; Magistrate
Should Ensure That ED Followed Arrest Procedure: Supreme Court
(https://www.livelaw.in/top-stories/non-compliance-of-mandate-of-section-19-of-
pmla-will-vitiate-the-arrest-supreme-court-234640)

Section 41A CrPC Not Applicable To Arrest Made Under PMLA: Supreme Court
(https://www.livelaw.in/top-stories/section-41a-crpc-not-applicable-to-pmla-
prevention-of-money-laundering-supreme-court-234618)

Habeas Corpus Writ Not Maintainable Against ED Alleging Illegal Arrest; Plea To Be
Raised Before Magistrate: Supreme Court (https://www.livelaw.in/top-stories/writ-of-
habeas-corpus-illegal-arrest-ed-not-maintainablepmla-enforcement-directorate-pmla-
supreme-court-234614)

Custody' Under Section 167 CrPC Includes Custody Of Other Investigating Agencies
Such As ED, Not Just Police: Supreme Court (https://www.livelaw.in/top-
stories/custody-under-section-167-of-crpc-includes-custody-of-other-investigating-
agencies-such-as-ed-not-just-police-supreme-court-234626)

75. PC Act | Special Court Can Proceed Against Accused For IPC Offences Though
Sanction Under S.19 PC Act Is Not Granted: Supreme Court
(https://www.livelaw.in/top-stories/special-court-under-pc-act-can-try-accused-for-
ipc-offences-even-if-sanction-under-section-19-pc-act-is-not-granted-supreme-court-
235092)

Case Title: A. Sreenivasa Reddy v. Rakesh Sharma

Citation: 2023 LiveLaw (SC) 614

The Supreme Court recently held that a Special Court under the Prevention of
Corruption Act 1988 (PC Act) can proceed against an accused for offences under the
Indian Penal Code 1860 even if sanction for prosecution has not been granted in
respect of PC Act offences as per Section 19 of the said Act.
Also from the judgment- Though Nationalised Bank Employee Is 'Public Servant',
Protection Under Section 197 CrPC Not Available: Supreme Court
(https://www.livelaw.in/supreme-court/supreme-court-sanction-nationalised-bank-
employee-section-197-crpc-public-servant-234758)

Tags Supreme Court 2023 (https://www.livelaw.in/tags/supreme-court-2023)