SCC Online Weekly Rewind Episode 43 ft. Nilufer Bhateja

SCC Online Weekly Rewind Episode 43 ft. Nilufer Bhateja, Associate Editor is out now. The written episode along with the video episode can be watched and read below.

 


Supreme Court 


2021 Overview 

      In 2021, the Supreme Court,  

  • delivered 865 judgments, out of which 3 were Constitution bench verdicts.  
  • It created history by appointing 9 judges, including 3 women judges, thereby giving us 4 sitting women judges for the first time ever. 
  • While Justice NV Ramana took oath as the 48th CJI, year 2021 also gave us a hope for the First Woman CJI as Justice BV Nagarathna is in line to take oath as the CJI in 2027.  

You can read all about what happened in the Supreme Court in our Supreme Court 2021 Yearly Round on the SCC Online Blog. Read more 

 

Delay of 1011 days condoned by Andhra Pradesh HC. What a grave error!  

In a case where the Andhra Pradesh High Court had condoned a delay of 1011 days even though no sufficient cause was shown explaining the delay, the Supreme Court has held that the High Court has not exercised the discretion judiciously. 

The High Court had observed that if the delay is condoned no prejudice will be caused to the appellant as the appeal would be heard on merits and that there is no wilful negligence on the part of the respondents herein nor it suffers from want of due diligence. However, the Supreme Court noticed that it was a case of a gross negligence and/or want of due diligence and the reasoning given by the High Court while condoning huge delay of 1011 days is not germane. Read more

 

 Nothing wrong with Govt. decision to ban MTTs in PPE products as it aims at ensuring adequate PPE in India 

In a case where an intermediary between the sale of PPE products by a supplier in China to a buyer in the United States, challenged the prohibition of the export of PPE products from India, the Supreme Court has held that as a developing country with a sizeable population, banning MTTs in PPE products was critical in ensuring that Indian foreign exchange reserves are not utilized to facilitate the hoarding of PPE products with wealthier nations. 

The Court said that “Democratic interests that secure the well-being of the masses cannot be judicially aborted to preserve the unfettered freedom to conduct business, of the few.” Read more 


High Courts


 

Touching feet of a woman without her consent: Is it outraging the modesty of a woman? Bom HC answers

While addressing a matter with regard to “outraging modesty of a woman”, M.G. Sewlikar, J., judge of the Bombay High Court expressed that, “…touching any part of the body of a woman without her consent that too in the dead hour of the night by a stranger amounts to a violation of modesty of a woman.In Court’s opinion, the act of the applicant was capable of shocking the sense decency of any woman. In the present matter, the applicant was sitting at the feet of the victim and had touched her feet, the said behaviour smacked of sexual intent, otherwise, there was no reason for the applicant to be in the house of the victim at such an odd hour of the night. The Bench stated that the applicant did not enter the house of the victim with any sublime motive, he had ensured from the victim that her husband would not be present in the house that night. The above-said incident clearly indicated that the applicant had gone there with sexual intent and violated the modesty of the informant. Read more

 

 Significance of ‘sterling witness’ in a matter wherein a daughter alleges that her father raped her: Bom HC examines whether daughter’s evidence was of ‘sterling quality’ or not 

Justice Anuja Prabhudessai, J., while addressing a matter of a daughter alleging rape by her father expressed the significance of ‘sterling witness’. The Instant appeal was directed against the decision by which the appellant was convicted for offences under Section 376(2)(f) and 506 of the Penal Code, 1860 and under Section 5(n) read with Section 6 of Protection of Children from Sexual Offences Act (POCSO). The daughter informed the Child Welfare Committee that the accused had subjected her to sexual abuse, hence police was directed to record the statement of prosecutrix, pursuant to which an FIR was registered for offences under Section 376 (1)(ii), 506 of IPC and Section 6 of POCSO Additional Sessions Judge held that the evidence of the prosecutrix amply proved that the accused had subjected her to rape. Therefore, relying upon the sole testimony of the prosecutrix, Judge held the accused guilty of the above-stated offences. Read more


Legislation Updates 


 

Election Laws (Amendment) Act, 2021 

On December 29, 2021, the Election Laws (Amendment) Act, 2021 received the assent of the President to amend the Representation of the People Act, 1950 and the Representation of the People Act, 1951. The amendment act introduces a provision to link electoral rolls with Aadhaar.  Read more

 

Surrogacy (Regulation) Act, 2021 

On December 25, 2021, the Surrogacy (Regulation) Act, 2021 received President’s assent in order to regulate the practice and process of surrogacy, constitute National Assisted Reproductive Technology and Surrogacy Board, State Assisted Reproductive Technology and Surrogacy Boards. Read more

 

Government declares “Electronic Gold Receipt” as securities under Securities Contracts (Regulation) Act, 1956 

The Ministry of Finance has included “Electronic Gold Receipt” (EGR) as securities under  Securities Contracts (Regulation) Act, 1956 vide its notification dated December 24, 2021. Now, EGR will have the same trading, clearing, and settlement capabilities as other securities traded on exchanges. Read more 

 

Chartered Accountants, the Cost and Works Accountants and the Company Secretaries (Amendment) Bill, 2021 

The Chartered Accountants, the Cost and Works Accountants and the Company Secretaries (Amendment) Bill, 2021 was introduced in Lok Sabha on December 17, 2021.  The Bill proposes to amend the Chartered Accountants Act, 1949, the Cost and Works Accountants Act, 1959 and the Company Secretaries Act, 1980. Read more

 


Fact Check


 Fact Check: Can the IDs issued by the Bar Council of India be used for entry into airports?

A social media post is doing the rounds that lawyers can show their Bar Council IDs as recognised ID proof for entry into airports. However on the official CISF website, which is in charge of security at airports, there is an RTI reply dated Jan 7, 2020 which specifically disallows the IDs issued by Bar Councils for entry into airports. Therefore we can safely deduce that the 2018 notification which allowed Bar Council IDs has been rescinded. Read more

 


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