The 13th Episode of SCC Online Weekly Rewind featuring Bhumika Indulia, Associate Editor bringing you the most important and interesting stories from the field of law is out now! Check out the written episode below.
Supreme Court
Right to control one’s identity a fundamental right; CBSE must permit change of name for just cause
“What’s in a name?” Said Shakespeare but the Supreme Court believes that name is indeed an intrinsic element of one’ identity. In a major verdict the Supreme Court has held that the right to control one’s identity is a fundamental right and the Central Board of Secondary Education cannot deny such right by refusing to allow a person to change their name in the Certificates without giving them reasonable opportunity.
READ HERE
COVID-19 Vaccination Policy| Supreme Court seeks clarification from Government
In an important order on COVID-19 Vaccination Policy, the Suprme Court has said that requiring the majority of population to rely on friends/NGOs for digital registrations over CoWIN, when even the digitally literate are finding it hard to procure vaccination slots, might not be feasible and the Government might not be able to achieve universal immunization in the face of digital divide in our country.
The Court also sought clarification from Government on:
- Vaccine Procurement and Distribution
- Vaccination by Private Hospitals
- Differential pricing
- and vaccine logistics
READ HERE
Sedition law needs to be interpreted in context of freedom of press
After two Telegu News channels, namely, TV5 and ABN, approached the Court aggrieved by FIR registered against them for sedition, the Supreme Court has said that the ambit and parameters of the provisions of Sections 124A, 153A and 505 of IPC would require interpretation particularly in the context of the right of the electronic and print media to communicate news and information.
It is pertinent to note that in another case, another 3 judge bench has issued notice in a plea seeking declaration of Section 124-A IPC to as unconstitutional and void.
READ HERE
Sedition case against Vinod Dua quashed
Interestingly, in another case, the Supreme Court has quashed the Sedition case registered against Journalist Vinod Dua over remarks made by him against the Government and Prime Minister Narendra Modi on YouTube.
While the Court upheld the freedom of press to criticise the Government, it rejected the prayer that no FIR be registered against a person belonging to media with at least 10 years of standing unless cleared by the Committee as suggested.
HIGH COURTS
Delhi High Court| Juhi Chawla’s plaint on rolling out of 5G Technology, dismissed
The Delhi High Court has dismissed the suit filed by Juhi Chawla regarding the rollout of 5G technology after observing that the suit was filed with the motive of gaining publicity. The Court also listed out several reasons on why it found the plaint defective and said that the present was a classic textbook case of, how not to draft a plaint.
READ HERE
Punjab and Haryana High Court| Extra-marital relationship not a ground to deny custody to a mother
In a case relating to the custody of a child, the Punjab and Haryana High Court has refused to consider extra-marital affair as a ground to deny custody of child to the mother. The Bench remarked,
“In a patriarchal society, it is fairly common to cast aspersions on the moral character of a woman. … Even assuming a woman is or has been in an extramarital relationship, the same by itself cannot lead to the conclusion that she would not be a good mother to deny her the custody of her child.”
https://www.scconline.com/blog/post/2021/06/04/extra-marital-affair/
Calcutta High Court| Narada Scam: Bail to TMC Leaders
The Calcutta High Court has granted interim Bail to TMC leaders accused in the Narada Scam case. The order came after Court noticed that the hearing may require some time for final determination.
READ HERE
Kerala High Court| Lakshwadeep Regulations: Objections/suggestions permitted even after expiry of outer time limit
In the Lakshwadeep Regulations case, the Kerala High Court has granted the petitioner liberty to raise suggestions, objections etc. even after expiry of outer time limit of 21 days stipulated for public opinion under the Lakshadweep Town and Country Planning Regulation, 2021. The Court noticed that,
“In any system of governance, the Government would be eager to consider such suggestions”
The Lakshadweep Regulations intend to make provision with respect to
- preserve and improve the amenities thereof;
- control over the use of land;
- acquisition and development of land for planning;
- tourism promotion, etc.
READ HERE
TRIBUNALS/COMMISSIONS/REGULATORY BODIES
Infosys insider trading | While in possession of Unpublished Price Sensitive Information, 2 employees of Infosys & 6 other entities violated Insider Trading Regulations on Infosys Stock
The Securities Exchange Board of India has prima facie found two Infosys employees and 6 others violating the SEBI (Prohibition of Insider Trading) Regulations, 2015 [insider trading regulations] and hence all have been restrained from buying, selling or dealing in securities pending detailed examination and until further orders.
READ HERE
Legislation Updates
SEBI issues circular for the enhancement of overseas investment limits on mutual funds
On June 03, 2021, the Securities and Exchange Board of India (SEBI) has issued a circular for the enhancement of the overseas investment limits for mutual funds.
READ HERE
CBIC extends timeline for furnishing FORM GST ITC-04
On June 01, 2021, the Central Board of Indirect Taxes and Customs (CBIC) has amended the notification no. 11/2021- Central Tax dated May 01, 2021 which specifies the extension of timeline for the furnishing of FORM GST ITC-04. The timeline has been extended from May 31, 2021 to 30th day of June, 2021.
READ HERE
Labour Law | USA Minimum Wages
The brief discusses minimum wages of Federal and State Level of USA.
We have provided the list of minimum wages at the Federal and State LEvel of USA. Please follow SCC blog to read more about it.
READ HERE
Section 112 of Finance Act, 2021, which amends the provision relating to interest for delayed GST payments comes into force
READ HERE
EU MDR COMES INTO FORCE
On May 26, 2021 the EU Medical Devices Regulation (MDR) entered into effect after a four-year transitional period. The Regulation introduces various changes which will have an effect on the supply chain for medical devices.
READ HERE
FACT CHECK
Fact-Check: Has the Government threatened to ban Twitter if it fails to comply with the new IT Rules, 2021?
After the Ministry of Electronics and Information Technology wrote to Twitter Inc. After being disappointed with Twitter Inc’s response to the clarifications sought by the government, hashtags TwitterBanInIndia and BanTwitterInIndia are trending on Twitter with many users tweeting on how the letter is a warning from the Government of India to ban Twitter.
However, our fact check team found out that the letter by the government does not talk about any kind of ban at all. What the letter states is that non-compliance with the rules will lead to Twitter losing exemption from liability as an intermediary available under Section 79 of the IT Act, 2000 which has clearly been provided under Rule 7 of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
The consequences of losing protection under Section 79, IT Act, 2000 means that the intermediary (in this case Twitter) can now be taken to court for any content that is posted on its website by any user.
Hence, it is safe to say that the letter is not just being wrongly interpretated by the Twitter users but also by some news agencies.
READ HERE
BOOKS RELEASED
SIMPLY, LEGAL CONTRACTS
by Shweta Vishwanathan
http://www.ebcwebstore.com/product_info.php?products_id=99097529
Consumer Protection Act: A Commentary
by G. B. Reddy and Baglekar Akash Kumar
https://www.ebcwebstore.com/product_info.php?products_id=99097538
Anomalies in Law & Justice: Writings Related to Law & Justice
by Justice R. V. Raveendran
https://www.ebcwebstore.com/product_info.php?products_id=99097535
Competition Law
by Neha Vyas
https://www.ebcwebstore.com/product_info.php?products_id=99097537
