Case BriefsHigh Courts

Allahabad High Court: A 2-Judge Bench comprising of Dilip B Bhosale, CJ. and Yashwant Varma, J., dealt with a public interest litigation for giving directions for the purpose of protecting shelter homes as a lot of cases were coming where the shelter homes management were in question.

The matter came for review before the Court for further directions pursuant to the earlier order passed in these proceedings. Additional Advocate General submitted that proposals formulated would help the Court in passing further directions and for formulation of policy for monitoring shelter homes in the State. Court noted that it was directed by the State to the Director, Academy of Management Studies, Lucknow to undertake a social audit of all shelter homes, however, no audit was actually conducted. In another order, a seven-member committee was created to formulate directives for shelter homes in the State. Interim directions were given to District Judges to form monitoring committee for inspection of shelter homes.

The Additional Chief Secretary had brought before the Court that currently there were no codified norms to protect the shelter homes except the ones established or run under the Juvenile Justice (Care and Protection of Children) Act, 2015. Court did not agree with the averments of Additional Chief Secretary and mentioned provisions of Swadhar Greh Scheme framed by the Union Government related to shelter homes.

Last direction to be given was related to installation of CCTV cameras which was contested by the Additional Chief Secretary to have been already installed. With above directions, the Court disposed of this petition. [Abuse of Girls in a Women Shelter Home, Deoria, In re, (PIL) No. 4112 of 2018, order dated 05-09-2018]

Amendments to existing laws

The Central Government makes Companies (Management and Administration) Second Amendment Rules, 2014 with a view to amend Companies (Management and Administration) Rules, 2014. The said Rules will come into force on the date of their publication in the Official Gazette.  In the Companies (Management and Administration) Rules, 2014,—

  • In Rule 9, after sub-rule (3), the proviso mentioned below inserted — “Provided that nothing contained in this rule shall apply in relation to a trust which is created, to set up a Mutual Fund or Venture Capital Fund or such other fund as may be approved by the Securities and Exchange Board of India”.

  • In rule 13,- the words “either value or volume of the shares” and the explanation omitted;
  • In rule 23, in sub-rule (1), for the words “not less than five lakh rupees”, the words “not more than five lakh rupees” substituted;
  • In rule 27, in sub-rule (1); and in the Explanation, for the word “shall”, the word “may” substituted.

 To read the full Notification , Click here