SCC Online Weekly Rewind Episode 45 ft. Bhumika Indulia

 


Supreme Court 


COVID-19/Omicron surge yet again forces Supreme Court to extend period of limitation for filing of cases  

After the Supreme Court Advocates-on-Record Association approached the Court in light of the spread of Omicron, the new variant of the COVID-19 and the drastic surge in the number of COVID cases across the country, the Supreme Court has restored the order dated March 23, 2020 and directed that the period from 15.03.2020 till 28.02.2022 shall stand excluded for the purposes of limitation as may be prescribed under any general or special laws in respect of all judicial or quasi-judicial proceedings. 

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PM Modi Security Lapse: SC appoints Committee headed by Justice Indu Malhotra to look into the matter 

After a massive security lapse that left Prime Minister Narendra Modi stuck on a highway in Punjab for 20 minutes on January 5, 2022, the Supreme Court observed that the matter cannot be left to be resolved through one¬sided enquiries and hence, formed a 5 member committee chaired by Former Supreme Court judge, Justice Indu Malhotra. 

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Demand of Money for Construction of a House can be Treated as a Dowry Demand 

In a case where the Madhya Pradesh High Court had held that demand of money for construction of a house cannot be treated as a dowry demand, the Supreme Court found the said observation erroneous and has held that the word “Dowry” ought to be ascribed an expansive meaning so as to encompass any demand made on a woman, whether in respect of a property or a valuable security of any nature. 

In the year 2002, in less than four years of her marriage, a five months pregnant woman had committed suicide at her matrimonial home by setting herself on fire. The Court observed that a push in the right direction is required to accomplish the task of eradicating this evil which has become deeply entrenched in our society. 

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Dowry Death| Mother-in-law must protect daughter-in-law, not harass her  

In another Dowry Death case, where a woman committed suicide in her matrimonial home after being subjected to cruelty at the hands of her husband, mother-in-law, father-in-law and sister-in-law for want of jewels, the Supreme Court observed that a woman meting out cruelty to another woman deserves no leniency.  

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Pension is not a bounty; Lack of financial resources no excuse for taking away vested rights by way of retrospective amendments  

In the case pertaining to Punjab State Cooperative Agricultural Development Bank withdrawing Pension Scheme citing non-availability of financial resources, the Supreme Court has held that an amendment having retrospective operation which has the effect of taking away the benefit already available to the employee under the existing rule indeed would divest the employee from his vested or accrued rights and hence, would be violative of the rights guaranteed under Articles 14 and 16 of the Constitution. 

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HIGH COURTS


Kerala High Court 

Guardian of Property v/s Guardian of Person of the minor; HC clarifies jurisdiction of District Court   

Kerala High Court while addressing a petition filed by a mother against the father of minor declaring her as guardian of person and property of minor, held that the District Court cannot entertain petition to appoint guardian of the person of the minor child, however power to appoint guardian of the property of the minor is well within the jurisdiction of the District Court. The Bench clarified, the fact that a court cannot appoint a guardian of the person, is no bar for appointing a guardian of the property. 

  

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Right to maintenance of child born out of inter-faith marriage: Is father under obligation to maintain his children even when there’s no statutory stipulation? HC answers 

In a significant case regarding Right to maintenance of child born out of inter-faith marriage, the Kerala High Court has held that the child being non sui juris, the State and the Courts as Parens Patriae are bound to protect it irrespective of law being silent in this regard.

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Delhi High Court 

‘Unmarried daughter, even if earning, can’t be assumed to have sufficient resources to meet matrimonial expenses’: Del HC orders father to pay marriage expenses of daughters   

While addressing the question of whether unmarried daughter who have attained majority and are earning their own income are entitled for maintenance and expenses towards their marriage, Del HC expressed that-

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Why is ‘Rooh Afza’ seeking injunction against ‘Dil Afza’? Here’s how Del HC stressed upon ‘deep emotion’ while deciding 

While addressing a trademark dispute between Rooh Afza and Dil Afza manufacturers, Asha Menon, J., expressed that, buying a bottle of sharbat may involve emotions, but not deep to the extent hoped for by the Rooh Afza’s counsel (Rooh Afza manufacturers). 

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  TRIBUNALS / COMMISSIONS


Twitter, Telegram and the tattered chances-Illicit act of swindlers recommending stock tips on social media; Tribunal acts immediately 

SEBI addressed a matter wherein it was alleged and was further established through investigation that the Noticees were the administrators of a telegram channel where they potrayed themselves to be experienced analysts and researchers, further inducing and manipulating investors. The features of the telegram of sending bulk messages were successfully misused for ‘illicit activities like manipulating the stock prices by repeatedly sending unfounded stock recommendations’.

 

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 Legislation Updates 


 Companies (Registration Offices and Fees) Amendment Rules, 2022 

On January 12, 2022, the Central Government in order to amend the Companies (Registration Offices and Fees) Rules, 2014 notified Companies (Registration Offices and Fees) Amendment Rules, 2022 to increase additional fee for delay in filing of forms. 

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CBDT extends due dates for filing of Income Tax Returns 

The Central Board of Direct Taxes (CBDT) has decided to further extend the due dates for filing of Income Tax Returns and various reports of audit for the Assessment Year 2021-22.  

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Looking for Statewise implementation of Labour Codes? Look no further. The SCC Online Blog has it all covered.  

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