SCC Online Weekly Rewind Episode 40 ft. Devika Sharma

SCC Online Weekly Rewind | Episode 40 with Devika Sharma


SCC Online Weekly Rewind ft. Episode 40 Devika Sharma, Senior Editorial Assistant is out now. The written episode along with the video episode can be watched and read below.


Supreme Court Updates


‘Motor Vehicle Appellate Tribunals’ may soon be a reality!   

With an aim to curtail the pendency before the High Courts and for speedy disposal of the appeals concerning payment of compensation to the victims of road accident, the Supreme Court has asked the Ministry of Law and Justice to consider constituting ‘Motor Vehicle Appellate Tribunals’ by amending Section 173 of the Motor Vehicles Act so that the appeals challenging the award of a Tribunal could be filed before the Appellate Tribunal so constituted. 

The Supreme Court has suggested that there is no need for further appeal against the order of the Appellate Tribunal as the party always has the option of invoking the writ jurisdiction of the High Court for appropriate reliefs.  

https://www.scconline.com/blog/post/2021/12/09/motor-vehicle-appellate-tribunals/  

SC frowns on rising trend to invalidate sexual misconduct proceedings on hyper-technical points 

In a case where there was a minor discrepancy regarding the date of occurrence of the act of sexual harassment of a constable at the hands of his superior i.e. the head constable, the Supreme Court has held that deeming such a trivial aspect to be of monumental relevance, while invalidating the entirety of the disciplinary proceedings against the superior and reinstating him to his position renders the complainant‘s remedy at nought. 

The Court took the opportunity to highlight the rising trend of invalidation of proceedings inquiring into sexual misconduct, on hyper-technical interpretations of the applicable service rules. It hence urged the Courts to be mindful of the fact that there are several considerations and deterrents that a subordinate aggrieved of sexual harassment has to face when they consider reporting sexual misconduct of their superior. 

https://www.scconline.com/blog/post/2021/12/06/sc-frowns-on-rising-trend-to-invalidate-sexual-misconduct-proceedings-on-hyper-technical-points-after-calcutta-hc-reinstates-bsf-head-constable-based-on-minor-discrepancy/  

Consumer Protection| Open to NCDRC to direct deposit of entire or more than 50 % of the amount ordered by SCDRC while staying SCDRC ‘s order 

Explaining the scope of Section 51 of the Consumer Protection Act, 2019, the Supreme Court has held that NCDRC can pass an order to deposit the entire amount and/or any amount higher than 50 per cent of the amount in terms of the order of the State Commission while staying its order. 

However, while doing so the NCDRC has to assign some reasons and pass a speaking order as such an order on the stay application is not to be passed mechanically. 

https://www.scconline.com/blog/post/2021/12/08/consumer-protection-open-to-ncdrc-to-direct-deposit-of-entire-or-more-than-50-of-the-amount-ordered-by-scdrc-while-staying-scdrc-s-order-sc/ 


High Court Updates


Bombay High Court

Rape by person claiming to have supernatural powers

You must have heard about the unfortunate events happening due to blind faith of people and one such incident was addressed by the Bombay HC recently wherein a person was accused of asking a couple who were issueless to perform sexual acts in his presence and on one such occasion he raped the woman. Court noted that the woman had deep faith in the said man and only on account of such faith the husband and wife indulged in sex in his presence which otherwise could have been quite embarrassing.

Bombay High Court while addressing the matter with regard to rape committed by a person claiming to have supernatural powers expressed that,

“It is significant to note that the blind faith of the parties/victim on the accused is the real driver in such cases.”

High Court upheld the conviction of the accused under Section 376 IPC.

https://www.scconline.com/blog/post/2021/12/10/rape-by-person-claiming-to-have-supernatural-powers/

Does S. 327(2) CrPC providing for “in camera” proceedings apply to appeals? Bom HC decides while rejecting Tarun Tejpal’s application

The Bombay High Court at Goa rejected Tarun Tejpal’s plea to conduct “in camera” proceedings in connection with the appeal filed against his acquittal in a rape case. The High Court held that:

“Section 327(2) CrPC would only be applicable to ‘inquiry’ or ‘trial’ and that the same will not apply to appeals, either appeal against conviction or an application seeking leave to file appeal against acquittal.” 

The Court observed:

“In proceedings such as these, i.e. rape cases in general, it is expected that all parties conduct themselves with dignity, sobriety and some sensitivity that is required, particularly, whilst reading evidence pertaining to intimate details. This, we think is not too much to expect from the Advocates appearing for the respective parties. Maintaining decorum in the courtroom is not merely a superficial means of protecting the image of lawyers and judges – but it is absolutely essential to the administration of justice.”

https://www.scconline.com/blog/post/2021/12/07/does-s-3272-crpc-providing-for-in-camera-proceedings-apply-to-appeals/

Rape, Murder of Ragpicker: Merely because crime is heinous and brutal, it won’t be just to get carried away sans any legal proof to substantiate charges

Bombay High Court while addressing a sordid story of two poor, helpless and hapless victims who had not only been raped but one of them had been brutally murdered, held that,

“…prosecution has utterly failed in connecting the dots and bringing home the guilt of the accused.”

To read the detailed brief, please check out the SCC Online Blog.

https://www.scconline.com/blog/post/2021/12/02/rape-and-murder-of-ragpickers/

Jammu and Kashmir and Ladakh High Court

 Mandatory Vehicle Location Tracker and insertion of Panic button

Jammu and Kashmir and Ladakh High Court directed the Union government to implement mandatory Vehicle Location Tracking Devices and Panic Button for all public service vehicles in the tune of Rule 125-H of Motor Vehicles Rules. The Bench remarked,

“It goes without saying that the provisions of Section 136A of the Motor Vehicles Act, 1988 and the Rule 125-H have to be complied with in their letter and spirit. The exemption granted by the Government was limited in a period of time and has since expired.”

https://www.scconline.com/blog/post/2021/12/10/mandatory-vehicle-location-tracker-and-insertion-of-panic-button/

Calcutta High Court

Can mere failure to keep a promise without anything more lead to irresistible conclusion that promise had been dishonestly made from inception?

While addressing a matter under Section 376 of Penal Code, 1860 Calcutta High Court, observed that, it cannot be said that appellant had no intention to marry from the inception of the relationship, infact the relationship did not fructify due to obstruction from the elders of the family.

High Court observed that

Mere failure to keep a promise without anything more cannot lead to the irresistible conclusion that the promise had been dishonestly made from the inception.

https://www.scconline.com/blog/post/2021/12/09/false-promise-of-marriage-2/


Foreign Court

United Kingdom Supreme Court

 

Man with autistic disorder expresses desire to engage in sexual relations: Does he understand requirement of ‘consent’ from another sexual partner? UK SC explains

The Supreme Court of the United Kingdom dealt with a very interesting matter and laid a detailed decisiom regarding ‘consent’ with respect to sexual relations. The matter before the Court raised issues of profound significance under the Mental Capacity Act 2005 for persons with a disturbance in the functioning of mind or brain which potentially renders them unable to make a decision for themselves in relation to having sexual relations. The UK Supreme Court expressed that, the fact that the other person must have the ability to consent to the sexual activity and must in fact consent before and throughout the sexual activity applies to everyone in society.

Read here


Legislation Updates 


Tripura Value Added Tax (Eighth Amendment) Rules, 2021 

On December 07, 2021, the Government of Tripura has issued the Tripura Value Added Tax (Eighth Amendment) Rules, 2021 in order to amend Tripura Value Added Tax Act, 2004. 

A new Rule 45A has been inserted which provides “Every registered dealer whose gross turnover in a year exceeds Rs. 40 lakh shall get his accounts, in respect of that year audited by an accountant within 6 months from the end of that year and obtain a report of such audit in Form-XLIV.” 

https://www.scconline.com/blog/post/2021/12/10/tripura-value-added-tax-eighth-amendment-rules-2021/  

Ministry issues clarification on passing general and special resolutions through VC or OAVM 

The Ministry of Corporate Affairs has issued a clarification on passing general and special resolutions through Video Conference (VC) or Other Audio-Visual Means (OAVM) or to transact items through postal ballet vide circular dated December 8, 2021. The companies are allowed to conduct their EGMs through Video Conference (VC) or Other Audio-Visual Means (OAVM) or transact items through postal ballot till 30th June, 2022. 

https://www.scconline.com/blog/post/2021/12/09/ministry-issues-clarification-on-passing-general-and-special-resolutions-through-vc-or-oavm/  

 UAE | Government adopts 4.5 days working week 

The UAE Government has adopted a four and half day working week with Saturday Sundays as off days on December 7, 2021. The law will come into effect from January 1, 2022. 

Public sector workers at the ministerial level will adopt a four and a half day working week, with employees working Monday to Thursday. There will be a half day on Fridays. Saturday and Sunday will be the new weekend for government workers. 

https://www.scconline.com/blog/post/2021/12/08/uae-government-adopts-4-5-day-working-week-shortest-in-the-world/  

SEBI (Substantial Acquisition of Shares and Takeovers) (Third Amendment) Regulations, 2021 

Delisting provisions introduced vide SEBI (Substantial Acquisition of Shares and Takeovers) (Third Amendment) Regulations, 2021 which amends the Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 2011. 

https://www.scconline.com/blog/post/2021/12/07/delisting-provisions-introduced-vide-sebi-substantial-acquisition-of-shares-and-takeovers-third-amendment-regulations-2021/  

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