Supreme Selections: Yearly Digest 2024, PART-V



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Part-V: September and October

September

The Supreme Court (SC) of India pronounced 96 Judgments including approximately 65 Reportable Judgments in September 2024. Apart from these decisions, the SC benches delivered various orders regarding matters including Tirupati Balaji Adulterated Ghee Controversy and RG Kar Hospital Rape and Murder Case. Below are the judgments pronounced by the SC in September month. Click on the links to read the full judgment.  

Does PMLA Prevails Over CrPC in the Summoning Procedure

Judgment Name: Abhishekh Banerjee & Anr. vs. Directorate of Enforcement (September 09, 2024)

Bench: Justice Bela M Trivedi and Justice Satish Chandra Sharma

Brief: The SC said, “...there being specific procedure prescribed under the Statutory Rules of 2005 for summoning the person under sub-sections (2) and (3) of Section 50 of the Act, the same would prevail over any other procedure prescribed under the Code, particularly the procedure contemplated in Section 160/161, as also the procedure for production of documents contemplated in Section 91 of the Code, in view of the overriding effect given to the PMLA over the other Acts including the Cr.P.C. under Section 71 r/w Section 65 of the PMLA.” The bench was hearing a plea filed by Abhishek Banerjee and his wife Rujira Banerjee seeking the quashing of summons issued by the ED in relation to a money laundering case (under Section 50 of the Prevention of Money Laundering Act).

Storing Of Child Pornography Material, An Offence Under POCSO

Judgment NameJust Rights For Children Alliance vs. S. Harish (September 23, 2024)

Bench: Former Chief Justice of India (CJI) DY Chandrachud and Justice JB Pardiwala

Brief: In this case, the SC held that watching and storage of child pornography on digital devices without any intention to transmit it is an offence under the POCSO Act. It set aside the earlier order of the Madras High Court which held that merely watching and storage of child pornography on digital devices without any intention to transmit the same was not an offence under the POCSO Act. 

Other Important Judgments of September Month

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October

In October 2024, the Supreme Court pronounced around 70 Judgments, including approximately 54 Reportable Judgments listed below. 

Section 6A of the Citizenship Act, 1955: Constitutional Validity

Judgment NameIn Re: Section 6A of the Citizenship Act 1955 (October 17, 2024)

Bench: Former CJI DY Chandrachud, Justice MM Sundresh, Justice Surya Kant, Justice Manoj Misra, and Justice JB Pardiwala

Brief: With a 4:1 majority, the SC bench upheld the constitutional validity of Section 6A of the Citizenship Act, 1955, which deals with ‘Special provisions as to citizenship of persons covered by the Assam Accord’. 

‘Industrial Alcohol’ and ‘Intoxicating liquor’, State’s Power

Judgment NameState of U.P. & Ors. vs. M/S Lalta Prasad Vaish and Sons (October 23, 2024)

Bench: Former CJI DY Chandrachud, Justice Hrishiskesh Roy, Justice Abhay S Oka, Justice JB Pardiwala, Justice Manoj Misra, Justice Ujjal Bhuyan, Justice BV Nagarathna, Justice Augustine George Masih, and Justice Satish Chandra Sharma

Brief: The SC held that the States have the power to regulate ‘industrial alcohol’ with an 8:1 majority. The majority said, “Entry 8 of List II of the Seventh Schedule to the Constitution is both an industry-based entry and a product-based entry. The words that follow the expression “that is to say” in the Entry are not exhaustive of its contents. It includes the regulation of everything from the raw materials to the consumption of intoxicating liquor.” 

Other Important Judgments of October Month

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1. How many total judgments were given by the Supreme Court in September 2024 and October 2024?
2. How many were reportable judgments in September 2024 and October 2024?