SCC Online Weekly Rewind Episode 42 ft. Bhumika Indulia

 


SUPREME COURT


Bank not a trustee of money deposited by Customers 

The Supreme Court in the recent observation has held that the Bank is not the trustee of the money that a customer deposits in a bank and the same is not held by the former on trust for him. The money so deposited becomes a part of the banker’s funds who is under a contractual obligation to pay the sum deposited by a customer to him on demand with the agreed rate of interest. Read More

 

Disciplinary proceedings against person with mental disability is a facet of indirect discrimination 

In a case where the CRPF had initiated disciplinary proceeding against a person with a medical history of obsessive compulsive disorder  and depression and has been undergoing treatment for the same since 2009, the Supreme Court has held that the initiation of disciplinary proceedings against persons with mental disabilities is a facet of indirect discrimination as such persons suffer a disproportionate disadvantage due to the impairment and are more likely to be subjected to disciplinary proceedings. Read More

 

More than one consumer can institute a complaint under Consumer Protection Act 2019  

In a case where it was alleged that more than one consumer cannot institute a complaint unless they come within the definition of the word “complainant” of Section 2(5) of the Consumer Protection Act, 2019 and also satisfy the requirements of Section 38(11) read with Order I Rule 8 CPC, the Supreme Court has held that it is wrong to contend that wherever there are more consumers than one, they must only take recourse to Order I Rule 8 CPC, even if the complaint is not on behalf of or for the benefit of, all the consumers interested in the matter.  Read More


High Court Updates 


 

Kerala High Court   

“The accused hugged and impregnated me”; Is mere oral testimony of victim sufficient to attract offence of rape?   

Kerala HC reversed the concurrent findings of lower courts, whereby the accused was convicted for the offence of rape and while acquitting the accused, Court expressed that… Read More

  

“Quranic injunctions command equal treatment of wives”; HC holds unequal treatment of wives is sufficient ground to grant divorce 

In another very interesting matter, Kerala court set aside the findings of Family Court wherein it had rejected to grant divorce holding that providing maintenance is sufficient for husband to meet marital obligations. Opining that unequal treatment between wives is sufficient ground to dissolve marriage under muslim law, the Bench remarked … Read More 

 

Delhi High Court 

‘To sexually violate innocent child within filial relationship descends on different path of depravity’: Del HC convicts father, friend under S. 377 IPC 

Division Bench of the Delhi HC while addressing a very unfortunate incident, involving sexual offences to the extent of rape and carnal intercourse with a child, expressed that Read More

  

 Madras High Court 

Madras HC quashes “absurd” FIR filed over FB post which a normal person would have laughed off at; Says “Right to be Funny can be mined in Art. 19(1)(a)” 

While stating that, Jug Suraiya, Bachi Karkaria, E.P.Unny and G.Sampath … if any one of them, or for that matter any satirist or cartoonist had authored this judgement, they would have proposed a momentous amendment to the Constitution of India to incorporate sub-clause (l) in Article 51-A, Madras High Court expressed that to Article 51-A, the hypothetical author would have added one more fundamental duty – duty to laugh. Read More

 

Madras HC takes suo motu cognizance of objectionable clip including Court proceedings doing rounds in social media, Directs registration of FIR 

Madras High Court noted that a video clipping showing the online Court proceedings of one of the brother Judges, in which, a male was found engaged in eroticism with a lady was going viral on social media. Read More  


Legislation Updates


Mediation Bill 

On December 20, 2021, a Mediation Bill (Bill No. XLIII of 2021) has been introduced in Rajya Sabha with an object to promote and facilitate mediation, especially institutional mediation, for resolution of disputes, commercial or otherwise.

Read More

Election Laws (Amendment) Bill, 2021 

On December 21, 2021, Rajya Sabha has passed the Election Laws (Amendment) Bill, 2021. 

The Bill was passed in Lok Sabha on December 20, 2021. The Bill seeks to link electoral rolls with Aadhar number. The Bill provides for the electoral registration officer may require a person to furnish the Aadhaar number given by the UIDAI as per the provisions of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 for verification of their identity. Read More

 

Assisted Reproductive Technology (Regulation) Act, 2021 

The Parliament passed the Assisted Reproductive Technology (Regulation) Act, 2021 on December 18, 2021. Read More

 

Karnataka Protection of Right to Freedom of Religion Bill, 2021 

On December 22, 2021, the Legislative Assembly, Karnataka introduced the Karnataka Protection of Right to Freedom of Religion Bill, 2021. Read More

 

 

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