SCC Online Weekly Rewind Vol. 1 Episode 19

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Supreme Court 

SC invokes independence of judiciary, separation of powers to invalidate amendments in Finance Act, 2017 prescribing 50 yrs minimum age for appointment to Tribunals, allowances payable to members, term of office 


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Supreme Court takes suo motu cognizance of “Kanwar Yatra during Covid-19” 

Supreme Court took suo motu cognizance of the proposed Kanwar Yatra amidst the COVID-19 Pandemic.    

The said matter was taken up on an urgent basis as the Court was a little disturbed on noting the headline in Indian Express newspaper with regard to the Kanwar Yatra, which is likely to be held from 25-07-2021. 

The bench consisting of Justice Rohinton and Justice Gavai issued notice to the Union of India and the States of Uttar Pradesh and Uttarakhand to file their early response. 


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SC puts fetter on exercise undertaken by Delhi Legislative Assembly’s Committee enquiring into Facebook’s role in aggravating Delhi Riots last year; Says FB representatives will have to appear

In a matter relating to exercise undertaken by Delhi Legislative Assembly’s Committee enquiring into Facebook’s role in aggravating Delhi Riots last year;  Justices Sanjay Kishan Kaul, Dinesh Maheshwari and Hrishikesh Roy, held that representatives of Facebook will have to appear before the Committee on Peace and Harmony constituted by the Delhi Legislative Assembly. At the same time, the Court felt constrained to put certain fetters qua the exercise sought to be undertaken by the Committee. 

Further, in a post script to the judgment, the Court stressed upon the importance of succinctly framed written synopsis and the same being adhered to in course of oral arguments to be addressed over a limited period of time. The Court also said that the judgments should be crisp, clear and precise so that the common man can understand what is the law being laid down. 

Read SC’s opinion on HC’s developing a practice of calling upon Public Officers at drop of a hat and exerting direct or indirect pressure 


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Read SC’s opinion on HC’s developing a practice of calling upon Public Officers at drop of a hat and exerting direct or indirect pressure

Supreme Court in a matter relating to HC’s developing a practice of calling upon Public Officers at drop of a hat and exerting direct or indirect pressure remarked that, 

The public officers of the Executive are also performing their duties as the third limbs of the governance. The actions or decisions by the officers are not to benefit them, but as a custodian of public funds and in the interest of administration, some decisions are bound to be taken. 

 The Court also observed that “summoning of the public officer is against the public interest as many important tasks entrusted to him gets delayed, creating extra burden on the officer or delaying the decisions awaiting his opinion.” 


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High Courts 

 

Delhi High Court  

CM Advocates Welfare Scheme: Only for the Advocates enrolled with Voter ID of Delhi? HC enumerates significance of Place of Practice v. Place of Residence 

Delhi HC while lauding the object of the Chief Minister’s Advocates Welfare Scheme, expressed that the condition in the Scheme that it would be applicable only to residents in Delhi with Voter IDs, was discriminatory and arbitrary as the sub-classification from amongst the advocates enrolled with the Bar Council of Delhi, has no rational nexus with the object to be achieved. Accordingly, the Scheme shall be extended to all advocates registered with the Bar Council of Delhi, whose names and credentials are verified, without the insistence of Voter ID showing residence in Delhi. 


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Manipur High Court 

State cannot seek to impose conditions upon citizens so as to compel them to get vaccinated; Courts holds restraining the non-vaccinated people illegal 

Manipur High Court observed that State cannot seek to impose conditions upon the citizens so as to compel them to get vaccinated, be it by holding out a threat or by putting them at a disadvantage for failing to get vaccinated. Restraining people who are yet to get vaccinated from opening institutions, organizations, factories, shops, etc., or denying them their livelihood by linking their employment, be it NREGA job card holders or workers in Government or private projects, to their getting vaccinated would be illegal on the part of the State, if not unconstitutional. Such a measure would also trample upon the freedom of the individual to get vaccinated or choose not to do so. 


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Punjab and Haryana High Court 

 “A juvenile cannot be arrested”; HC holds application for anticipatory bail by a juvenile is not maintainable in law 

P&H HC while addressing a petition filed by a juvenile seeking anticipatory bail, held that held that plea for anticipatory bail by a juvenile is not maintainable in law as there is no concept of arrest on apprehension regarding children in conflict with the law. 


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NCDRC

Can Wheelchair injuries be covered under the ambit of medical negligence? NCDRC answers


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Legislation Updates 

 

Registered Professional to appoint two registered valuers to determine fair value and liquidation value of the corporate debtor 

The Insolvency and Bankruptcy Board of India makes amendment Insolvency and  Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 to require  Registered Professional to appoint two registered valuers to determine fair value and liquidation value of the corporate debtor 


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Stamp duty chargeable on the instrument of transfer of immovable property of micro or small enterprise of manufacturing sector 

On July 13, 2021, the Finance Department, Rajasthan has issued an order regarding the stamp duty chargeable on the instrument of transfer of immovable property of micro or small enterprise of manufacturing sector as defined in the Micro, Small and Medium Enterprises Development Act, 2006. 


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Period for registration of name of child at birth amended under Delhi Registration of Births and Deaths (Amendment) Rules, 2021 

The Delhi Government has notified amendments in the Period for registration of name of child at birth under Delhi Registration of Births and Deaths (Amendment) Rules, 2021.


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Manner of furnishing of return or details of outward supplies by short messaging service facility notified under Delhi Goods and Services Tax (Eighth Amendment) Rules, 2020 


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SEBI issues review of advance intimation timelines for modifications in the contract specifications of commodity derivatives contracts 

On July 08, 2021, the Securities and Exchange Board of India (SEBI) has issued review of advance intimation timelines for modifications in the contract specifications of commodity derivatives contracts. 


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Extension of time limit for filing claims under Transport and Marketing Assistance (TMA) Scheme for specified agricultural products 

On July 13, 2021, the Director General of Foreign Trade extends time limit for filing claims under Transport and Marketing Assistance (TMA) Scheme for specified agricultural products. “Application for refund of such claims for the quarter ending 31st March, 2020 and 30th June, 2020 may be filed upto 30th September, 2021”. 


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