SCC Online Weekly Rewind Episode 65 ft. Nilufer Bhateja, Associate Editor is out now. The written episode along with the video episode can be watched and read below.
Supreme Court
Capital Punishment| Supreme Court allows Project 39A of NLU Delhi to conduct psychological evaluation of a death row convict to bring out mitigating factors
Adopting a humanitarian approach, the Supreme Court has allowed Project 39- A of the National Law University, Delhi, to have access a death row convict to interview him and conduct a psychological analysis in order to bring out mitigating circumstances.
The death row convict had approached the Court against the order of confirmation of the death sentence awarded by the Madhya Pradesh High Court. The Court, while admitting the appeal had stayed the execution of the death sentence for now.
Old Age Home inmates can’t get away with causing disruption of peace of other inmates; Administration can ask them to vacate the room
In a case where an old age home inmate was accused of misbehaving with other inmates and was hence, asked to vacate the room, the Supreme Court has held that if one parent is the cause of disruption of peace of other inmates in the old age home, the administration of the old age home is at liberty to terminate the license and ask the inmate to vacate the room allotted to them.
The Court observed that,
“one can understand the mental trauma which the parents face in the evening of their life but the agony suffered by a parent cannot be a cause of disturbance to the other inmates or to the organizers who have resolved to take care and run the old age home.”
Railway doubling project on Karnataka-Goa route antithesis to biodiversity and ecology; Supreme Court revokes approval for railway doubling in Western Ghats
In an important case regarding environment Law, the Supreme Court has revoked the approval granted by the Standing Committee of NBWL for doubling the railway line between Castlerock to Kulem. Pertinently, western ghats eco-system which is one of world’s eight hotspots, which spreads across 9 National Tiger Reserves, 20 National Parks and about 68 Wildlife Sanctuaries and the landscape forms one of the largest and most contiguous Protected Area networks in the country.
Since the project involved diversion of significant area of forest land and sanctuary land, the Court remarked,
“…in case of doubt, protection of environment would have precedence over the economic interest.”
High Courts
Does DRT has power to restrain a person from travelling abroad? Does Art. 21 includes right to travel abroad? Bom HC discusses
Answering two important questions on whether DRT has power to restrain a person from travelling abroad and does Art. 21 include right to travel abroad, Bombay High Court expressed that the right to travel abroad has been spelt out from the expression “personal liberty” in Article 21 of the Constitution. Justices A.S. Chandurkar and Amit Borkar observed that, the provisions under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, do not impliedly confer such powers on the Debt Recovery Tribunal to restrain a person from travelling abroad.
Child suffering from mental illness, requires a disability certificate, can certifying authority insist him to come to premises of institution? Madras HC analyses
Whether the certifying authority can insist that the person for whom the certificate of disability is sought should come to the premises of the institution for the purpose of assessment even though he or she is unable to come? G.R. Swaminathan, J., held that the persons suffering from mental retardation or mental illness are entitled to have the assessment done at the place where they reside. gh Court stated that, Article 41 of the Constitution of India mandates that the State shall, within the limits of its economic capacity and development, make effective provision for securing the right to public assistance in cases of sickness and disablement and in other cases of undeserved want.
Further, the Bench expressed that,
State has the obligation to design a special approach depending upon the special needs of the concerned category of disabled.
Article 14 of the Constitution of India guarantees that the State shall not deny to any person equality before the law or the equal protection of laws. But unequals cannot be treated equally. Persons with severe disabilities will have to be treated on a different footing altogether.
Can merely smuggling of gold without any connection to threat to economic security of India amount to terrorist act? Read what Del HC says
While granting bail to men accused of smuggling gold, the Division Bench of Mukta Gupta and Mini Pushkarna, JJ., expressed that, the mere smuggling of gold without any connection to a threat to the economic security or monetary stability of the country is not a “terrorist act” under the Unlawful Activities (Prevention) Act
Legislation Updates
Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022
The Central Consumer Protection Authority has issued Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022 to provide for the prevention of false or misleading advertisements and making endorsements. They are applicable to all advertisements regardless of form, format or medium; a manufacturer, service provider or trader whose goods, product or service is the subject of an advertisement, or to an advertising agency or endorser whose service is availed for the advertisement of such goods, product or service.
Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2022
The Central Government has notified Companies (Removal of Names of Companies from the Register of Companies) Amendment Rules, 2022 to amend the Companies (Removal of Names of Companies from the Register of Companies) Rules, 2016 and thereby modifying the norms relating to the Application for removal of name of company.
Assisted Reproductive Technology (Regulation) Rules, 2022
The Central Government has notified the Assisted Reproductive Technology (Regulation) Rules, 2022 in order to regulate the functioning of Assisted Reproductive Technology (ART) clinics and banks.
Read full story on SCC Online Blog
Electricity (Promoting Renewable Energy Through Green Energy Open Access) Rules, 2022
The Central Government notifies Electricity (Promoting Renewable Energy Through Green Energy Open Access) Rules, 2022 for purchase and consumption of green energy including the energy from Waste-to-Energy plants. This rules shall be applicable for generation, purchase and consumption of green energy including the energy from Waste-to-Energy plant.
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