SCC Online Weekly Rewind Episode 33rd ft. Nilufer Bhateja

SCC Online Weekly Rewind Episode 33rd ft. Nilufer Bhateja, Associate Editor is out now. The written episode along with the video episode can be watched and read below.


SUPREME COURT


Gauri Lankesh murder| HC “manifestly wrong” in quashing charges against Mohan Nayak N

In a major development in the Gauri Lankesh murder case, the Supreme Court has set aside the Karnataka High Court order wherein it had quashed chargesheet filed against one Mohan Nayak.N regarding offences under the Karnataka Control of Organised Crimes Act, 2000.

On 05.09.2017 in which Gauri Lankesh, who was a leading journalist, was shot dead by certain unknown assailants near her house at Rajarajeshwari Nagar, Bengaluru.

The Court noticed that the High Court was manifestly wrong in quashing the chargesheet as it ignored the fact that if the material collected by the Investigating Agency reveals that he had nexus with the accused who is a member of the organized crime syndicate or such nexus is related to the offence in the nature of organized crime. Thus, he need not be a person who had direct role in the commission of an organized crime as such. 

Read more.

 

Words “order is made available to the aggrieved party” consciously omitted from Section 61(1)&(2) IBC: SC

Dealing with the question as to when will the clock for calculating the limitation period run for proceedings under the Insolvency and Bankruptcy Code (IBC), the bench of Dr. DY Chandrachud, Vikram Nath and BV Nagarathna, JJ has held that Sections 61(1) and (2) of the IBC consciously omit the requirement of limitation being computed from when the “order is made available to the aggrieved party”, in contradistinction to Section 421(3) of the Companies Act.

The Court noticed that

“The IBC is a watershed legislation which seeks to overhaul the previous bankruptcy regime which was afflicted by delays and indefinite legal proceedings.”

Read more.


High Courts


Pat HC | Can a person be convicted for murder solely on the evidence gathered by the police sniffer dog? Court answers

Noticing discrepancies in the trial the Patna HC acquitted a woman accused of killing a 2 year old kid. Noticing that the Trial Court had convicted the appellant on the evidence of a sniffer dog, the Bench opined, though the police was allowed to use the services of a sniffer dog for investigation, but merely because the dog entered the house of the appellant in her absence, the same could not be treated to be evidence sufficient enough to establish the guilt of the appellant and the appellant could not be convicted only on the basis of evidence gathered by the police sniffer dog.

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Ker HC | “There is gulf of difference between consent and submission”; HC affirms conviction of person accused of raping his own daughter

  Kerala High Court confirmed the conviction of person accused of raping his own daughter. Rejecting the defence that the victim was in a sexual relationship with another person, the Bench stated,

“Even assuming that the victim is previously accustomed to sexual intercourse, that is not a decisive question. On the contrary, the question which is required to be adjudicated is, did the accused commit rape on the victim on the occasion complained of.”

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P&H HC | Whether derogatory remarks made during private conversation would attract provisions of SC & ST Act? Can a stranger to dispute invoke provisions of the Act?

Considering the misuse of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act by the so-called social activists, the Punjab and Haryana High Court directed the Director General of Police to issue instructions to all the Senior Superintendents of Police that no FIR under SC&ST Act be registered at the instance of third party, unless an opinion is sought from the District Attorney (Legal) that the complainant falls within the definition of victim as per SC&ST Act.

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Bom HC | Our educational institutions are so weak that they would fear that students would get adversely affected if a restaurant having liquor license was in school’s vicinity: Is it true? Bom HC finds out

The Bombay High Court in a very interesting case considered the question Whether our educational institutions are so weak that they would fear that the students would get adversely affected if there is a restaurant having a liquor licence in the vicinity of their schools. The Court was deciding a challenge to rejection of liqour license due to the objections which were raised by the petitioners who were running a school in the vicinity of the place where the licence was intended to be transferred and that granting such a transfer would lead to an impending law and order situation.

High Court stated that the petitioner’s institution ought not to have formed such opinion that the education being imparted by their educational institution was so fragile that the students would get easily influenced by a restaurant serving liquor in the vicinity. This is for two-fold reasons:

  • Firstly, this educational institution was never bothered about a similar restaurant having a liquor licence functioning in the vicinity since the last 10 to 12 years.
  • Secondly and most importantly, if the quality of learning and inculcation of moral values in the children is to be of a standard, as what the ‘Father of the Nation’ intended to imbibe in our citizens, then the petitioner’s institution ought not to have worried at all, about any student being adversely affected, by any such place in the vicinity of the school.

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Tribunals


AFT | Is hypertension a disability attributable to or aggravated by Military Service? Will Invalidation make one entitled to disability pension? Tribunal decides

The Armed Forces Tribunal granted disability pension to the person invalidated from service due to Hypertension. Rejecting the opinion of Release Medical Board that the disease was neither attributable to and aggravated by Military Service because the applicant was posted in Peace location, the Bench opined that denying disability pension to applicant was not convincing and did not reflect complete truth on the matter. The Bench held that peace Stations have their own pressure of rigorous military training and associated stress and strain of military service.

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Legislation updates


Delhi Prevention and Control of Malaria, Dengue, Chikungunya or any Vector Borne Disease Regulations, 2021

The Delhi Government has notified the Delhi Prevention and Control of Malaria, Dengue, Chikungunya or any Vector Borne Disease Regulations, 2021. The Government has the power to declare any area in Delhi as an infected Area or threatened area or any area contiguous to any infected area in which, in the opinion of State Government, there is danger of outbreak of Malaria, Dengue, Chikungunya or any other Vector Borne Disease.

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Aadhaar (Pricing of Aadhaar Authentication Services) Regulations, 2021

The Unique Identification Authority of India (UIDAI) has issued the Aadhaar (Pricing of Aadhaar Authentication Services) Regulations, 2021

The Regulations provides that

  1. Each successful Aadhaar e-KYC transaction shall be charged @ Rs. 3 (including applicable taxes) from requesting entities except Telecom Service Providers for whom the rate shall be Re. 1/- (including applicable taxes) for each successful Aadhaar e-KYC transaction.
  2. If an existing requesting entity [except those exempts under Regulation 2(2) above], continues to use Aadhaar authentication services beyond the date of publication of these Regulations, it shall be deemed to have agreed to the specified authentication charges. The entities shall be required to deposit the authentication transaction charges within 15 days of issuance of the invoice based on the usage. The delay in payment beyond 15 days shall attract interest compounded @ 1.5% per month and discontinuation of authentication and e-KYC services.

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Quiz Winners Declared


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While noting some cases where due to counterclaim / dispute from the legal representative of one of the deceased holder, the RTAs have not effected transmission to the surviving joint holder(s), the SEBI has issued a circular advising RTAs to comply with the provisions of the Companies Act, 2013 and transmit securities in favour of surviving Joint holder(s), in the event of demise of one or more joint holder(s), provided that there is nothing contrary to the same in the Article of Association of the company.

https://www.scconline.com/blog/post/2021/10/19/sebi-issues-circular-on-transmission-of-securities-to-joint-holders/

 

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