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Recent Key Legal Developments of Years 2023 |
Greetings dears Aspirant!
Judicial Disha is the best coaching centre for the judiciary in Delhi presents a comprehensive compilation of the recent key legal developments in India for the year 2023, tailored exclusively for various law-related competitive examinations. In the fast-paced world of law and jurisprudence, which is constantly evolving and changing, staying updated with the latest legal trends and developments is not just only advantageous but essential, especially for those preparing for competitive exams in the field of law. This blog aims to equip you with the knowledge and insights needed to excel in your competitive exams by providing a concise overview of the most significant legal developments of recent times. The blog includes a list of, recent important judgements, amendments, newly enacted bills and cases of national importance. These cases are compiled throughout research by our research team. The list will help you to read important and relevant judgements without wasting any time filtering out the same. Not every Judgement is equally important so to help you boost your preparation, we have provided this list for our aspirants.
The pattern of the various competitive examinations is dynamic with now inclusion of contemporary developments in the syllabus. In such judiciary competitive exams, where every mark counts and staying ahead of everyone is the key towards success, keeping abreast of recent legal developments can give you a competitive edge over the others.
Let's embark on this enriching expedition together, and unlock the doors to success in your competitive exams through joining Judicial Disha which is the best judiciary coaching in Mukherjee Nagar Delhi!!!
| S. N. | JUDGMENT | ABOUT |
| 1. | Vivek Narayan Sharma v. Union of India 2023 | Demonetization Judgment |
| 2. | Anoop Baranwal v. Union of India, 2023 | Appointment of Election Commissioner |
| 3. | Shah Newaz khan v. State of Nagaland, 2023 | Inter State Transfer of Suit- Two States Having Common High Court |
| 4. | Arup Bhuyan v. State of Assam, 2023 | Membership of Banned Unlawful Organisation |
| 5. | Shilpa Sailesh v. Varun Sreenivasan, 2023 | Irretrievable Breakdown of Marriage & Article 142 |
| 6. | Aureliano Fernandes v. State of Goa, 2023 | Sexual Harassment of Women At Workplace |
| 7. | The Animal Welfare Board of India v. Union of India, 2023 | Jallikattu Judgement |
| 8. | Yashodhan v. State of Uttar Pradesh 2023 | Right To Hearing of The Person To Be Summoned Under Section 319 CrPC |
| 9. | Bhim Rao Baswanth Rao Patil v. K. Madan Mohan Rao, 2023 | Non-Disclosure of Criminal Antecedents By The Candidate & Voter's Right To Know His Background |
| 10. | Pradyuman Bisht v. Union of India, 2023 | Surveillance Facilities in Court Premises |
| 11. | People's Union for Civil Liberties v. State of Maharashtra, 2023 | Media Reporting by Police Personnels |
| 12. | Central Council For Research in Ayurvedic Sciences v. Bikartan Das, 2023 | Article 226 ad Writ of Certiorari |
| 13. | Supriyo v. Union of India, 2023 | Same Sex Marriage Saga |
| 14. | Yashpal Jain v. Sushila Devi, 2023 | The Inordinate Delays In Judicial Processes |
| 15. | Ashwini Kumar Upadhyay v. Union of India, 2023 | Guidelines For Expeditious Disposal Of Cases Pending Against Lawmakers |
| 16 | Kaushal Kishore v. State of Uttar Pradesh, 2023 | Public Functionaries and Their Right To Freedom Of Speech And Expression |
| 17 | Subhash Desai v. Governor of Maharashtra, 2023 | Maharashtra Political Crisis |
| 18 | In re Article 370 of the Constitution, 2023 | Abrogation Of Article 370 |
| 19 | Government of NCT of Delhi v. Union of India, 2023 | Control Over “Services” - Gnctd Or Lg On Behalf Of The Union |
| 20 | Prakash Nayi v. State of Goa, 2023 | The Supreme Court accepted the plea of insanity raised by the accused and set aside the order of conviction for the offence of murder. |
| 21 | Uggarsain v. State of Haryana, 2023 | “Different sentences cannot be imposed on the convicts for the same offence.” |
| 22 | Paranagouda v. State of Karnataka, 2023 | The Supreme court stated that conviction under section 498A IPC can be sustained despite acquittal under section 304B IPC because section 498A IPC is broader in ambit. |
| 23 | Kishore Balkrishna Nand v. State of Maharashtra, 2023 | Section 499, 500 IPC |
| 24 | Rupesh Munger v. State of Sikkim, 2023 | The Supreme Court held that the judgement of acquittal can be reversed by the appellate court only when there is perversity in the view taken by the trial court and not by taking a different view on reappreciation of evidence. |
| 25 | State of Rajasthan v. Gautam, 2023 | The Supreme Court stated that the mitigating circumstances in favour of the accused shall be weighed with that of the victim's, her family and society in general. |
| 26 | Charan Singh v State of Uttarakhand, 2023 | The Supreme Court held that mere death of a wife under unnatural circumstances, in a matrimonial home, within seven years of marriage is not sufficient to convict the husband for dowry death. |
| 27 | Jitendra Nath Mishra v. State of Uttar Pradesh, 2023 | “In order to invoke section 319 CrPC, involvement of the person in commission of the crime must be shown by the evidence on record.” |
| 28 | Naim Ahamed v. State (NCT of Delhi) 2023 | “For forming part of the record, the evidence of the witness has to be recorded in the language of the court or of the language of the witness if practicable. Recording of such evidence in translated form in English language only even when the witness gave the evidence in court’s language or his vernacular language is not permissible.” |
| 29 | Premchand v. State of Maharashtra (2023) | “The exercise of section 313 CrPC should be realistic in the sense that it should be done to secure the ends of justice. It should not be conducted mechanically to render it fruitless.” |
| 30 | Saurav Das v. Union of India, 2023 | “Chargesheets and reports filed under section 173 CrPC cannot be put in public domain and on the websites of the State Governments.” |
| 31 | Supriya Jain v. State of Haryana, 2023 | “As per the requirements of section 162 CrPC, no person making a statement to the police officer is required to sign that statement. Therefore, there is no question of implicating that person under section 180 IPC as it will be attracted in cases where a person refused to sign a statement given to a public servant when it is mandated by the law that it should be signed by the maker.” |
| 32 | Ramesh Kumar v. The State of NCT of Delhi, 2023 | “Imposition of onerous and unreasonable conditions for the grant of anticipatory bail under section 438 CrPC is a disquieting trend. The High Court was erroneous in imposing a condition of depositing 22 lakh for securing pre arrest bail.” |
| 33 | Rohit Bishnoi v. The State of Rajasthan, 2023 | “The orders for grant or refusal of bail must be reasoned.” |
| 34 | Sandeep Kumar v. State of Haryana, 2023 | “The merits of the evidence has to be appreciated only during the trial, by cross examination of the witnesses and scrutiny of the Court. This is not to be done at the stage of Section 319 CrPC.” |
| 35 | Teesta Atul Setalvad v. State of Gujarat, 2023 | “While granting bail to the appellant held that a bail application cannot be rejected on the ground that a person named in the FIR/Charge Sheet did not challenge the same under section 482 CrPC or under article 32 or 226 of the Constitution of India.” |
| 36 | Dilip Kumar v. Brajraj Shrivastava, 2023 | The Supreme Court held that the Magistrate while conducting an inquiry into a case under section 202(1) CrPC should examine the complainant as well the witnesses before deciding to dismiss the complaint under section 203 CrPC. |
| 37 | V. Senthil Balaji v. State of Tamil Nadu, 2023 | The Supreme Court upheld the High Court order which held that the Enforcement Directorate is entitled to have the accused in custody. |
| 38 | A Srinivas Reddy v. Rakesh Sharma, 2023 | The Supreme Court held that sanction under section 197 CrPC is not required if the public servant is not removable save by or with the sanction of the Central or the State Government. |
| 39 | Mahmood Ali v. State of UP, 2023 | The Supreme Court held that in a case where quashing of FIR or criminal proceedings are prayed, the court should examine the FIR carefully and must try to read between the lines. |
| 40 | Wajid Ali v. State of UP, 2023 | The Supreme Court held that accused's criminal antecedents cannot be the sole consideration to refuse quashing of criminal proceedings. |
| 41 | Sindhu Janak Nagargoje v. State of Maharashtra, 2023 | The Supreme Court in this case while holding that the case discloses the commission of cognizable offence reiterated the guidelines laid down by it in an earlier judgement regarding mandatory registration of FIR in a case disclosing cognizable offence. |
| 42 | Manik B v. Kadapala Sreyes Reddy, 2023 | The Supreme Court held that correctness of witness’s statement cannot be decided while dealing with a proceeding under section 482 CrPC. |
| 43 | Central Bureau of Investigation v. Narottam Dhakad, 2023 | The Supreme Court stated that if the Police Report/Charge Sheet is filed in the language of the court or in a language not understood by the accused, then non supply of translation of the charge sheet or other documents would not be illegal unless it results in failure of justice. |
| 44 | Bhagwan Singh v. Dilip Kumar, 2023 | The Supreme Court while setting aside the order granting bail to rape accused held that the bail once granted cannot be cancellation in a mechanical manner. |
| 45 | Munna Pandey v. State of Bihar, 2023 | The Supreme Court while calling out the shortcomings of the investigation and trial of the present case as well as the erroneous approach of the High Court reflects upon the significance of fair trial. |
| 46 | Indrakunwar v. State of Chattisgarh, 2023 | The Supreme Court while formulating principles for consideration of statements under section 313 CrPC stated that the right to remain silent should not be used against the accused. |
| 47 | Priya Indoria v. State of Karnataka, 2023 | The Supreme Court held that Courts have the power to grant transit anticipatory bail for an FIR registered outside its jurisdiction, however, they shall exercise this judiciously and in exceptional circumstances only. |
| 48 | State of UP v. Sonu Kushwaha, 2023 | “When a penal provision uses the words, “shall not be less than”, it leaves no discretion to the court to impose a lesser sentence than what is prescribed.” |
| 49 | Boby v. State of Kerala, 2023 | “The Supreme Court sets aside the conviction order passed by the trial court and confirmed by the High Court stating that the prosecution failed to establish the chain of circumstantial evidence. Also, there were lacunae on the part of the investigating officer while proceeding under section 27 of the Evidence Act. It was also held that conviction cannot be done only on the basis of last seen theory.” |
| 50 | Nikhil Chandra Mondal v. State of West Bengal, 2023 | “Conviction on the basis of extra judicial confession could be secured if it is not suffered with material discrepancies and is supported by cogent circumstantial evidence.” |
| 51 | Pradeep v. State of Haryana, 2023 | “A Judicial Officer shall make a preliminary examination of the minor to ascertain whether he can understand the questions put to him and is capable of giving a rational answer.” |
| 52 | Wazir khan v. State of Uttarakhand, 2023 | The Supreme Court while convicting an accused for the murder of his wife states that judges have a public duty to ensure that an accused does not escape. |
| 53 | Manoj Kumar Soni v. State of Madhya Pradesh, 2023 | Sections 27, 114 Evidence Act 120B, 411 IPC 313 CrPC |
| 54 | Irfan @Naka v. State of U.P, 2023 | The Supreme Court while holding the dying declaration in the present case to be not reliable observed that it should be voluntary, free from suspicion and should be in line with the other evidence on record. And the victim has to be fit to give a dying declaration. |
| 55 | Rajesh v. State of Madhya Pradesh, 2023 | The Supreme Court held that for a discovery statement to be admissible the person confessed must be in the 'police custody' and must be 'accused of an offence'. |
| 56 | Dhani Ram v. Shiv Singh, 2023 | The Supreme Court held that mere registration of the will is not sufficient to prove its genuineness rather execution of the will as per section 68 Evidence Act and section 63 Indian Succession Act shall be established. |
| 57 | Abhishek Sharma v. State (Govt. of NCT of Delhi), 2023 | The court observed that in cases involving multiple dying declarations, each dying declaration should be assessed and evaluated separately and independently on its own merit as to its evidentiary value. |
| 58 | Harvinder Singh v. State of Himachal Pradesh, 2023 | Section 3 Evidence Act |
| 59 | Manjunath v. State of Karnataka, 2023 | The Supreme Court held that an acquittal will only be overturned in the presence of very compelling reasons. |
| 60 | Karan v. State of Madhya Pradesh, 2023 | Ossification Test |
| 61 | P. Yuvaprakash v. State, 2023 | “Reliance cannot be placed upon a school transfer certificate and extracts of the admission register for determination of age of the victim in POCSO cases.” |
| 62 | Pankaj Bansal v. Union of India, 2023 | The Supreme Court held that at the time of arrest of an accused under PMLA, the Directorate of Enforcement is required to furnish the grounds of arrest in writing to the accused. |
| 63 | Pavana Dibbur v. The Directorate of Enforcement, 2023 | The Supreme Court held that if criminal conspiracy is not for the commission of any scheduled offence then ED cannot initiate proceedings under the Prevention of Money Laundering Act. |
| 64 | Ram Kishore Arora v. Enforcement Directorate, 2023 | The Supreme Court held that written grounds of arrest are not necessary to furnish under sec. 19 PMLA. |
| 65 | Dheeraj Singh v. Greater Noida Industrial Development Authority, 2023 | “The Supreme Court remanded the matter back to the High Court for fresh adjudication because the High Court did not take into consideration the cross objections filed by the appellant in an appeal by the respondent before the High Court.” |
| 66 | Yadaiah v. State of Telangana, 2023 | The Supreme Court while holding the doctrine of res judicata to be not applicable in the case stated that only “fundamental determinations” in the former suit would be hit by res judicata in the subsequent suit. |
| 67 | Y.P. Lele v. Maharashtra State Electricity Distribution Company Ltd., 2023 | The Supreme Court held the High Court’s approach to be erroneous in applying the explanation of Order 17 Rule 2 CPC in a case where the party against whom the ex parte decree was passed did not lead any evidence at all. As the explanation could be made applicable against the party that led any evidence or substantial portion of evidence in his favour. |
| 68 | Appaiya v. Andimuthu, 2023 | The Supreme Court stated that certified copy of a private document in public records may be adduced as evidence to prove the contents of its original. Thus, "Considering the provisions of the Evidence Act and Section 57(5) of the Registration Act, the certified copy of the sale deed was deemed admissible as evidence for establishing the contents of the original." |
| 69 | Appaiya v. Andimuthu, 2023 | The Supreme Court stated that the executing court cannot go behind the decree and could consider questions limited to execution of decrees. |
| 70 | Raheem Shah v. Govind Singh, 2023 | “The courts should have a justice oriented approach rather than the iron cast technical approach while dealing with an application for condonation of delay.” |
| 71 | Ghanshyam v. Yogendra Rathi, 2023 | “Will” or “General power of attorney” cannot be regarded as documents of title or documents conferring any right in any immovable property.” |
| 72 | Indira Devi v. Veena Gupta, 2023 | “The right to repurchase is assignable or transferable unless it is clearly mentioned in the document or is manifest from its construction that assignment or transfer of such right is prohibited. Therefore, it cannot be said that assignment or transfer of right to repurchase is personal to the contracting parties.” |
| 73 | Yogendra Prasad Singh (Dead) through LRs v. Ram Bachan Devi, 2023 | The Supreme Court while deciding in favour of the plaintiff held that the use of expression ta khubzul badlain, that is, exchange of equivalents cannot be considered in isolation. And should be examined in light of the terms and conditions mentioned in the sale deed. |
| 74 | Government of Kerala v. Joseph, 2023 | The Supreme Court held that the courts must act with great care and caution while dealing with cases claiming perfection of title through adverse possession against Government Lands. |
| 75 | Prakash (dead by LR) v. G. Aradhya, 2023 | The Supreme Court while dismissing the appeal stated that under the mortgage by conditional sale has a subsisting debt and a right to redeem with the debtor whereas under sale with a condition of retransfer is not a lending and borrowing arrangement. |
| 76 | Shri Rakesh Raman v. Smt. Kavita, 2023 | “The Marriage which is irretrievably broken down can be dissolved on the ground of cruelty.” |
| 77 | Aparna Ajinkya Firodia v. Ajinkya Arun Firodia, 2023 | Section 112 Indian Evidence Act legitimacy of the Child |
| 78 | Revanasiddappa v. Mallikarjun, 2023 | The Supreme Court held that children falling within the protective ambit of sub section (1) or (2) of section 16 HMA would be entitled to rights in or to the absolute property of the parents and no other person. |
| 79 | Roopa Soni v. Kamalnarayan Soni, 2023 | The Supreme Court held that what is cruelty for a woman in a given case may not be cruelty for a man and a relatively more elastic and broad approach is required while examining a case in which a wife seeks divorce. |
| 80 | Ilavarasan v. Superintendent of Police, 2023 | The Supreme Court held that self-respect marriages can very well be solemnised and recognised. |
| 81 | Nirmal Singh Panesar v. Paramjit Kaur Panesar, 2023 | The Supreme Court while refusing divorce on the ground of Irretrievable Breakdown of Marriage acknowledged the concept and stated that grant of divorce on this ground should be considered with utmost care and caution. |
| 82 | Batliboi Environmental Engineers Ltd. v. Hindustan Petroleum Corporation Ltd., 2023 | The Supreme Court upheld the High Court’s decision of setting aside the arbitral award. |
| 83 | In re, Interplay Between Arbitration Agreements Under the Arbitration and Conciliation Act 1996 and the Indian Stamp Act 1899, Curative Petition No. 44 of 2023 | The Supreme Court held that unstamped or inadequately stamped instruments are inadmissible in evidence. However, they are not void or unenforceable. |
| 84 | Cox and Kings Ltd v. SAP India Pvt. Ltd., 2023 | The Supreme Court in this case held that under the Group of Companies Doctrine, a non-signatory can also be impleaded as a party in proceedings arising out of an Arbitration Agreement. |
| 85 | Unibros v. All India Radio, 2023 | Section 34 of the Arbitration Act |
| 86 | Chennai Metro Rail Ltd. v. Transtonnelstroy Afcons (JV), 2023 | The Supreme Court held that an arbitral tribunal can be deemed to be ineligible only on the grounds laid down in the seventh schedule of the Arbitration and Conciliation Act, 1996. Therefore, a unilateral increase in fees by the arbitral tribunal, not being specifically provided in sec.12(5) read with seventh schedule of the Arbitration Act, does not make the arbitral tribunal ineligible. |
| 87 | Larsen Air Conditioning & Refrigeration Co. v. Union of India, 2023 | The Supreme Court reiterated that “there is limited scope of judicial interference in arbitral awards. It emphasised that courts could only set aside or remand an award based on specific grounds, such as patent illegality or denial of natural justice.” |
| 88 | B & T AG v. Ministry of Defence, 2023 | The Supreme Court held that seeking appointment of arbitrator beyond the period of limitation, that is, three years in this case; is barred by limitation. |
| 89 | NTPC Ltd. v. SPML Infra Ltd., 2023 | The Supreme Court held that at the referral stage the courts must not undertake a full review of the contested facts. They must be only confined to a primary first review and let the facts speak for themselves. |
| 90 | Rajesh Jain v. Ajay Singh, 2023 | The Supreme Court held that the accused has failed to discharge his evidential burden and that fact will have to be taken to be proved by presumption without requiring anything more from the complainant. |
| 91 | 279th Report of the Law Commission-“Usage of The Law of Sedition” | “The Law Commission viewed that it is needed to retain section 124A of the Indian Penal Code. However, it stated that to bring more clarity certain amendments may be done by incorporating the ratio of the landmark case on Sedition, that is, Kedar Nath Singh v. State of Bihar AIR 1962 SC 955.” |
| 92 | 280th Report of the Law Commission- “The Law on Adverse Possession” | “The Supreme Court in Hemaji Waghaji Jat v. Bhikhabhai Khengarbhai Harijan (2009) 16 SCC 517 and State of Haryana v. Mukesh Kumar (2011) 10 SCC 404 observed the need to relook into the law on adverse possession and recommended the Union to consider changes in it.” |
| 93 | Neeraj Dutta v. State (Govt. Of NCT of Delhi), 2023 | Circumstantial Evidence of Demand of Illegal Gratification |
| 94 | Sukhpal Singh Khaira v. State of Punjab, 2022 | Additional Prosecution - Section 319 CrPC |
| 95 | Janhit Abhiyan v. Union of India (2023) 5 SCC 1 | EWS Reservation |
About Author:
Adv. Manushree Ma'am is a legal mentor and a research enthusiast who believes in providing quality education and guidance to aspirants. She holds degrees from the best universities in the country and currently working at Judicial Disha as a Judicial Faculty. Through writing blogs, she has blended her passion for law and writing together to assist the students. Under the Guidance of Ma'am her research team has put together all the recent legal judgements of the year 2023 which are useful for law students, aspirants and legal practitioners.
