Leading Judgements of 2023 – You Must Know

Case laws are important to have clarity on any subject matter of law and so the author has tried to make a clear concept of various spheres.

     1. TATA Sons Pvt. Ltd. (Formerly TATA Sons Ltd) v. Siva Industries and Holdings Ltd & Ors

This case is related to the amendment of section 29A of the Arbitration and Conciliation Act. It also deals with the matter of International Commercial Arbitration jurisdiction under the aforesaid Act. According to Section 29A of the (Amendment Act), an arbitral tribunal must issue an arbitral award within twelve months of the day it was established, with the parties having the option of agreeing to an additional extension of up to six months. Regarding the International Commercial Arbitration, Hon’ble Supreme Court observes it is not bound by the time limit of twelve months given under Section 29A of the Act. 

2. Shipli Lenkar v. Susanta Kumar Lenkar & Anr 

In this case, the Calcutta High Court dismissed a wife’s plea for enhanced maintenance under Section 125 of the Code of Criminal Procedure (CrPC). The Court pointed out that the enhancement of maintenance after blocking a substantial source of the husband’s income is plainly against the interests of justice and an abuse of the process of law.

3. PSV v. Indian School & Anr.

This case reflects upon how the rights of a child, as guaranteed under Article 21, are explained to be non-negotiable while also balancing the rights and authorities of the private schools to collect fees. This case is an important judgement with regard to the autonomy enjoyed by the private unaided schools as it defines the limit and scope of the same. 

4. Shri Ram Shridhar Chimurkar v. Union of India 

The Supreme Court ruled that a son or daughter adopted by the widow of a deceased government employee after the employee’s death cannot be considered a member of the family for purposes of claiming a family pension under Rule 54(14)(b) of the Central Civil Services (Pension) Rules, 1972. . The court outlined the concept of “family” under the Central Civil Services (Pension) Rules, 1972, and found that it cannot be broadened to include all heirs as permitted by Hindu law or other personal laws since it is a narrow and precise term. As a result, a son or daughter adopted by the widow of a dead government employee after the employee’s passing could not be covered by Rule 54(14)(b) of the CCS (Pension) Rules’ concept of “family.” 

5. B V Seshaiah v. State of Telangana 

This case is a remarkable decision of the Supreme Court related to section 138 of the Negotiable Instrument Act, 1881. Telangana High Court’s ruling, which overruled the parties’ agreement to compound the offence and confirmed the conviction in a case involving a dishonoured check, was recently overturned by the Supreme Court. When parties to a litigation proceeding have agreed to compound a compoundable offence, the High Courts cannot overrule such compounding and force their will on the parties, according to a bench made up of Justices Krishna Murari and V. Ramasubramanian.

6. Ganesh Pawar and Ors v. Union of India

Ganesh Pawar and Ors v. Union of India, (2023) contains the decision of the Supreme Court related to the postponement of NEET PG 2023. A plea by doctors asking for the National Eligibility Cum Entrance Test (NEET) postgraduate test, which is planned for March 5, 2023, to be delayed was denied by the Supreme Court on Monday (27th February 2023). The petition unequivocally states that the petitioners are prepared and eager to take the NEET-PG 2023–24 exam, but because the NBE’s (National Board of Examination) conduct is arbitrary and unreasonable, it has been contested. The candidates are made to suffer due to NBE’s poor management. NBE announced the examination date without consulting the State Medical bodies, there was not enough time to prepare in addition to the busy internship schedules, timely notification of eligibility was not given, and the examination schedule as it is now will not regularise the examination process as the 2023–24 session cannot be held. 

7. Shailendra Mani Tripathi v. Union of India and Ors. 

Shailendra Mani Tripathi v. Union of India and Ors., (2023) describes the PIL filed by Advocate Shailendra Mani Tripathi seeking menstrual leave for women and female students. During the hearing, a law student argued that allowing menstrual leave could discourage employers from hiring women. In response to this argument, CJI DY Chandrachud stated that it was true that if employers were forced to provide menstrual leave, they would hesitate to hire women in workplaces. The bench also suggested that the petitioner could present their case to the Union Ministry of Women & Child Development. 

8. Prasanta Kumarsahoo & Ors. v. Charulata Sahu & Ors. 

Prasanta Kumarsahoo & Ors. v. Charulata Sahu & Ors., (2023) elaborates upon the statement that during the pendency of a partition suit and if no final decree has been passed, the parties can seek the benefit of the amended law and request Trial Court to decide. The Judgment highlighted the enforceability of the amended laws as it was laid down that the same can be enforced during the pendency of a partition suit. The Supreme Court bench upheld the decision of the High Court and concluded by referring to various legal provisions and statutes such as Hindu Succession Act, The Registration Act etc. 

9. Dr Jaya Thakur v. Union of India 

Dr Jaya Thakur v. Union of India, (2023) elaborates upon how menstrual hygiene was held to be a sensitive topic and why appropriate emphasis shall be given to the same by Government. The Supreme Court of India, through the Bench comprising of Chief Justice DY Chandrachud, Justices PS Narasimha and JB Pardi Wala on 10.04.2023, directed the Central government to implement a uniform national policy on menstrual hygiene, including the distribution of free menstrual pads and cups to students. 

10. Shabnam Jahan Moiuddin Ansari v. State of Maharashtra 

Shabnam Jahan Moiuddin Ansari v. State of Maharashtra’, (2023) is a recent judgment by the Bombay High Court highlighting the right of a single working woman to adopt. The Case reinforces that adherence to the law is practised and no ‘guesswork’ would permit valid decisions to be taken by the courts of law.

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