Legal RoundUpWeekly Rewind

 


Top Story


 Thane Court

Man allegedly cheats a woman by suppressing material fact of him being homosexual: Will Thane Court grant him bail? Read

Noting the fact that a man suppressed the material fact of his private life before marriage i.e., about him being a homosexual, Rajesh S. Gupta, J., found that, the whole life of a young girl had been spoiled due to the material suppression, if the same would have been shared prior to the marriage then the consequence would be different.

Bench expressed that,

No doubt, every individual has its dignity to live in the society. No other person can interfere into lifestyle but that does not mean that a person gets liberty to spoil the life of either of spouse.

https://www.scconline.com/blog/post/2022/04/12/man-cheats-woman-not-disclosing-homosexuality/


Supreme Court | Updates


Husband suspects paternity of child; Supreme Court allows DNA test while granting conditional compensation of 30 lakhs to wife if suspicion proves to be wrong

In a very interesting case where the husband had disputed paternity of child on suspicion, though the Supreme Court has allowed the DNA test, it has also granted a conditional compensation of thirty lakhs to the wife if the suspicion proves to be wrong and husband turns out to be the father of the child.

The couple got married on 05-02-2014 and the marriage was consummated on 09-02-2014. The child was born after 261 days, i.e., about 17 days earlier which was almost after 9 months, therefore, the wife had contended that there was no reason to presume that the petitioner was pregnant when she married the respondent.

Before the Supreme Court, the Bombay High Court had also directed the DNA test.

https://www.scconline.com/blog/post/2022/04/12/paternity-dna-test-compnesation-husband-wife-family-supreme-court/

2006 Meerut Fire Tragedy| Organizers held guilty! 60:40 liability to compensate victims fixed on Organizers & State

In the 2006 Meerut fire case, the Supreme Court has held the Organizers responsible for the incident and not the Contractor as the Contractor was only responsible for executing work as assigned to him by the Organizers.

The victims can finally see some ray of hope after 16 years of the unfortunate incident that claimed 65 lives and left 161 or more with burn injuries as the Supreme Court has now directed the Chief Justice of the Allahabad High Court to entrust the work of determination of compensation to a Judicial Officer in the rank of District Judge/Additional District Judge at Meerut within two weeks of the present order to work exclusively on the question of determination of the compensation on day-to-day basis.

https://www.scconline.com/blog/post/2022/04/13/meerut-fire-tragedy-compensation-organizers-supreme-court-judgments-legal-research-updates-news/


High Court | Updates


Bombay High Court

Whether absence of President of State Commission or District Forum for reasons beyond control is sufficient for striking down S. 29A as unconstitutional? Bom HC decides

Stating that, the Courts cannot examine the constitutional validity if a situation created by impugned legislation is irremediable, the Division Bench of Bombay HC, addressed a matter wherein the constitutional validity of Section 29A of the Consumer Protection Act, 1986 was challenged.

High Court observed that, the language of Section 29A of the Consumer protection Act is intended to provide for a situation where a President of State Commission or District Forum is non-functional, either having not been appointed in time or is on leave due to reasons beyond his control.

The scheme of appointment and adjudication of consumer disputes is laid down under the Act to make the District Forum or State Commission continuously functional, allowing the Members in the absence of the President to function in a situation beyond the control of the Members of the Forum.

https://www.scconline.com/blog/post/2022/04/12/constitutional-validity-of-section-29a-of-consumer-protection-act-district-forum-state-commision-president/

Lawyer-client relationship is a fiduciary one; any act which is detrimental to legal rights of clients’ needs to be punished 

Stating that it is the duty of every Advocate to uphold professional integrity so that citizens can legally secure justicethe Division Bench of V.M. Deshpande and Amit B. Borkar, JJ., expressed that, professional misconduct refers to its disgraceful conduct not befitting the profession concerning the legal profession, which is not a business or trade and therefore, it must remain decontaminated

In this case, the Court was perturbed by the act of the Advocate to keep valuable security owned by the Client with him.”

Bench also observed that, The Advocates owe a social obligation to the Society while discharging professional services to the litigant. The Advocate should not commit any act by which a litigant could be deprived of his statutory and constitutional rights on account of the sublime position conferred upon him under the judicial system in the country.

https://www.scconline.com/blog/post/2022/04/12/lawyer-client-relationship-is-a-fiduciary-one/

Every partner is liable, jointly with all other partners and also severally for all acts of firm done while he is a partner: Is it true? Bom HC answers

Expressing that, a firm is not a legal entity, the Bombay High court, held that a partnership firm is only a collective or compendious name for all the partners. A partnership firm does not have any existence apart from its partners. Therefore, a decree in favour of or against the firm in the name of the firm has the same effect like a decree in favour of or against the partners.

Hence, when a firm incurs a liability, it can be assumed that all the partners have incurred that liability and so the partners remain liable jointly and severally for all the acts of the firm.

https://www.scconliane.com/blog/post/2022/04/15/every-partner-is-liable-jointly-with-all-other-partners-and-also-severally-for-all-acts-of-firm-done-while-he-is-a-partner/


 Punjab & Haryana High Court

Wife makes unfounded, indecent and defamatory allegations against husband to his senior officers, destroying his career & reputation: Mental Cruelty or not? P&H HC elaborates

Expressing that, Matrimonial cases are matters of delicate human and emotional relationshipthe Division Bench of P&H HC., expressed that, the Court no doubt should seriously make an endeavour to reconcile the parties, yet, if it is found that the breakdown is irreparable, then divorce should not be withheld.

The Court remarked that, The consequences of preservation in law of the unworkable marriage which has long ceased to be effective are bound to be a source of greater misery for the parties

https://www.scconline.com/blog/post/2022/04/11/wife-destroying-career-and-reputation-of-the-husband-irretrievable-breakdown-of-marriage-mental-cruelty/


Rajasthan High Court

Raj HC reiterated “Right to Procreation survives during incarceration” and “is traceable and squarely falls within the ambit of Article 21 of our Constitution; Parole granted

Rajasthan High Court granted parole to a convict whose wife sought 15 days of emergent parole for want of progeny.

High Court observed that, having progeny for the purpose of preservation of lineage has been recognized through religious philosophies, the Indian culture and various judicial pronouncements. the right of progeny can be performed by conjugal association; the same has an effect of normalizing the convict and also helps to alter the behavior of the convict prisoner.

https://www.scconline.com/blog/post/2022/04/11/raj-hc-reiterated-right-to-procreation-survives-during-incarceration/


Legislation Updates 


Income-tax (8th Amendment) Rules, 2022 

Ministry of Finance notified Income Tax (8th Amendment) Rule, 2022 in order to amend the guidelines of Infrastructure Debt Fund in the parent rules of Income Tax Rules, 1961. The 8th amendment will be in force with immediate effect. The amendment set up the Infrastructure Debt Fund as a Non-Banking Financial Company (NBFC) according to the conditions set by the Reserve Bank of India in the Infrastructure-Debt Fund–Non-Banking Financial Companies (Reserve Bank) Directions, 2011.

https://www.scconline.com/blog/post/2022/04/09/infrastructure-debt-fund-guidelines-modified-vide-income-tax-8th-amendment-rules-2022/

SEBI (Listing Obligations and Disclosure Requirements) (3rd Amendment) Regulations, 2022 

On 11th April, 2022, Securities and Exchange Board of India issues Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) (3rd Amendment) Regulations, 2022. This regulation comes into effect with immediate effect and aims to replace “asset cover” with “security cover” for the listed debt with Securities and Exchange Board of India (SEBI). Asset cover certificate is used to monitor the adequacy of assets charged against the debt obligations of the person issuing it. It is submitted to the Debenture Trustee.

https://www.scconline.com/blog/post/2022/04/12/asset-cover-sebi-security-cover-legal-research/

Foreign Exchange Management (Non-debt Instruments) (Amendment) Rules, 2022 

On April 12, 2022, the Department of Economic Affairs (DEA) has issued the Foreign Exchange Management (Non-debt Instruments) (Amendment) Rules, 2022 to further amend the Foreign Exchange Management (Non-debt Instruments) Rules, 2019. The amendment modifies the period of “Convertible note”from 5 years to 10 years.

https://www.scconline.com/blog/post/2022/04/15/foreign-exchange-management-non-debt-instruments-amendment-rules-2022/

National Insurance Company Limited (Merger) Amendment Scheme, 2022 

The Central Government notifies National Insurance Company Limited (Merger) Amendment Scheme, 2022 to amend the National Insurance Company Limited (Merger) Scheme, 1973.

In the National Insurance Company Limited (Merger) Scheme, 1973, the authorised share capital of three public sector general insurance companies has been enhanced from ‘seven thousand five hundred crore divided into seven hundred fifty crore’ to ‘fifteen thousand crore divided into fifteen hundred crore’.

https://www.scconline.com/blog/post/2022/04/15/authorised-share-capital-of-three-public-sector-general-insurance-companies-enhanced-vide-national-insurance-company-limited-merger-amendment-scheme-2022/

Legal RoundUpWeekly Rewind

 Supreme Court Updates


Issue of accommodation in a Domestic Violence dispute between husband and wife shall not affect landlord’s right to get possession of his property

Are you a landlord seeking possession of your property but instead find yourself stuck in a domestic violence dispute between your tenants? If yes, then this ruling is in your favour.

In a case where a wife had challenged Trial Court’s order granting the possession of the suit property in favour of the landlord on the ground that her husband should provide her accommodation as per the Domestic Violence Act, 2005, the Supreme Court has held that in a domestic violence dispute between the husband and wife, the landlord, who otherwise is entitled to the decree of eviction should not be made to suffer. The dispute between the husband and wife under the Domestic Violence Act shall not preclude and/or affect the right of the landlord to get the possession if otherwise he is entitled to.

The Delhi High Court was of the view the issue of accommodation by husband under the Domestic Violence Act cannot be a subject matter of the dispute between the landlord and the tenant.

Upholding the said judgment, the Supreme Court held that if the wife has any grievance against the husband, may be in respect of the alternative accommodation, the same is required to be adjudicated in the proceedings under the Domestic Violence Act and/or any other remedy which may be available to her against the husband.

https://www.scconline.com/blog/post/2022/03/11/issue-of-accommodation-in-a-domestic-violence-dispute-between-husband-and-wife-shall-not-affect-landlords-right-to-get-possession-of-his-property-sc/

Permanent Injunction can’t be granted against true owner once the title dispute is settled

Reversing the concurrent findings of all the Court below in a case where the plaintiff was granted the relief of permanent injunction despite having lost the title, the Supreme Court has held that the plaintiff is not entitled to a relief of permanent injunction against the true owner once the dispute is settled and the plaintiff has lost the title.

The Court was deciding the case where the suit filed by the plaintiff for cancellation of the registered sale deed and declaration had been dismissed and the defendant was held to be the true and absolute owner of the suit land in question. Despite the fact that the plaintiff had lost the title, still the Courts below granted relief of permanent injunction against the defendant, the absolute owner of the land in question.

It is to be noted that the Supreme Court is usually slow in interfering with the concurrent findings of the Courts below. However, in the case at hand, the Supreme Court reversed the findings of three Courts i.e. the Trial Court-decree, First Appellate Court, and the High Court.

https://www.scconline.com/blog/post/2022/03/05/permanent-injunction-cant-be-granted-against-true-owner-once-the-title-dispute-is-settled-sc-reverses-three-concurrent-findings/

Promotion cannot be granted retrospectively to give benefit and seniority from the date of notional vacancy

In a case where the actual vacancy in Junior Administrative Grade – I (JAG-I) accrued in 2011, however, the respondents sought retrospective promotion from the date of notional vacancy in 2009, the Supreme Court has held that promotion cannot be granted retrospectively and extended to give benefit and seniority from the date of notional vacancy.

Out of the two respondents before the Court, one had taken voluntary retirement in the year 2011 and the other one was appointed to Junior Administrative Grade -I service on an ad hoc basis only on 27.12.2011 after being placed in the select list against a notional vacancy in 2009.

The Court rejected the claim of both the respondents to hold that

  1. a voluntary retiree cannot seek promotion as a matter of right sans rules governing.
  2. a mere existence of vacancy per se will not create a right in favour of an employee for retrospective promotion when the vacancies in the promotional post is specifically prescribed under the rules, which also mandate the clearance through a selection process.

https://www.scconline.com/blog/post/2022/03/09/retrospective-promotion/


High Court Updates


Bombay High Court 

To operate in State of Maharashtra, Uber and other unlicensed aggregators to apply for license before 16th March 2022: Bom HC

As per Section 93(1) of the Motor Vehicles Act the transport aggregators are required to obtain license for their operation, but certain transport aggregators like UBER were plying in the State of Maharashtra without the same, hence the Bombay High court directed them to apply for the license by 16th March as per the provision concerned otherwise they shall not be able to operate in the State of Maharashtra.

https://www.scconline.com/blog/post/2022/03/09/to-operate-in-state-of-maharashtra-uber-and-other-unlicensed-aggregators-to-apply-for-license-before-16th-march-2022/

 Delhi High Court 

Daughter-in-law thrown out of matrimonial home and accused of removal of letters from possession of matrimonial home: Whether Del HC will find her guilty under S. 380 IPC or not?  

A dispute arose out of matrimonial discord between two people which had also, led to the filing of more than 50 criminal and civil cases between not only the husband and the wife but also their family members. It was found that for the sole purpose of harassing the other party such cases were filed by persons with no just cause or reason and substantial ground for allegations.

In the said matter, High Court observed that the daughter-in-law was accused of theft from the in-laws premises, but the Court ruled that Section 380 IPC will not be attracted since the ingredients of the said Section were not proved as even if she had picked up letter from the premises the wife had no dishonest intention.

https://www.scconline.com/blog/post/2022/03/10/daughter-in-law-thrown-out-of-matrimonial-home-and-accused-of-removal-of-letters-from-possession-of-matrimonial-home/


District Courts 


Saket Courts 

Wife, a banker, misusing her position to get details of in-laws’ bank accounts to show husband evading payment of maintenance: Is wife guilty of criminal breach of trust? Court analyses

Court expressed that,

Manner of bringing the information before Court of law may not be morally right but it cannot be said by this act of wife that, she caused or intended to cause any wrongful loss to or to cause wrongful gain to herself as merely by disclosing this information, no pecuniary benefit is stated to have been received by petitioner and if any maintenance or any other amount is granted by Court of law, that cannot be termed to be wrongful gain to the wife.

https://www.scconline.com/blog/post/2022/03/10/wife-a-banker-misuses-her-position-gets-details-of-bank-accounts-of-her-in-laws-in-order-to-show-conduct-of-son-who-was-transferring-money-to-bank-accounts-to-evade-liability-to-pay-maintenance/

Court of Special Judge under the Protection of Children from Sexual Offences Act, 2012, Fort Greater Mumbai 

Every common woman travelling in public transport have experienced incidents of inappropriate touch by male gender, but ignored: Is this the reason why such assaults go unreported? Read detailed decision on one such incident 

Expressing that essence of a woman’s modesty is her womanhood, Court, remarked that incidents of unwelcome, inappropriate touch by the male accused in the journey are very common sexual assault experience by every common woman travelling in public transport, but ignored by each one of them, thinking that there is no likelihood of coming across, the same assailant after the journey.

https://www.scconline.com/blog/post/2022/02/28/every-common-woman-travelling-in-public-transport-have-experienced-incidents-of-unwelcome-inappropriate-touch-by-male-gender/

Touching ‘bum’ of a minor girl will be sexual assault punished under S. 10 of POCSO Act? POCSO Court explains   

Expressing that, the sexual intention is the state of mind, may not necessarily to be proved by direct evidence, such intention is to be inferred from attending circumstances of the case, POCSO Court, held that touching bum of a girl cannot be said to be without sexual intention.

Bench also expressed that the “term private part is to be interpreted into the context what is meant by it in our society. Google might not be interpreting bums as private part as submitted by the Advocate for the accused, but it is not acceptable interpretation as far as we Indians are concerned.”

The accused committed the said act with full knowledge and intention to outrage her modesty and to assault her sexually.

https://www.scconline.com/blog/post/2022/03/02/touching-bum-of-a-minor-girl-will-be-sexual-assault/

Tis Hazari Courts 

Children less than 12 years of age are “asexual” and normally take time to recognize that disguised love, affection or warmth by perpetrator is sinful: Tis Hazari Courts, Delhi 

In a case wherein the Tis Hazari Courts found a 28-year-old man guilty of committing aggravated penetrative sexual on a minor aged 11 years old, Court observed that,

“The children often find it difficult to express themselves for variety of reasons, and when someone close to the family subjects them to sexual abuse, they are reluctant to discuss sexual abuses with their parents as they are unsure as to how their parents would react.

The children less than 12 years of age are “asexual” and they normally take time to recognize that the disguised love, affection or warmth by the perpetrator is wrongful or sinful, and on becoming aware of its implications, the next stage is that of putting up resistance and reporting the incident to the near and dear.”  

https://www.scconline.com/blog/post/2022/03/01/children-less-than-12-years-of-age-are-asexual-and-normally-take-time-to-recognize-that-disguised-love-affection-or-warmth-by-perpetrator-is-sinful/ 


Updates from the Tribunal


Securities Appellate Tribunal (SAT) 

Can SEBI proceed against a Chartered Accountant for lack of his due diligence? SAT analyses

SAT while addressing a matter of whether a Chartered Accountant could be held guilty by SEBI for lack of due diligence, it was held that,

Lack of due diligence can only lead to professional negligence which would amount to a misconduct which could be taken up only by ICAI.

https://www.scconline.com/blog/post/2022/03/09/can-sebi-proceed-against-a-chartered-accountant-for-lack-of-his-due-diligence/


Legislation Updates


 Foreigners (Amendment) Order, 2022 

The Central Government has made the Foreigners (Amendment) Order, 2022 to amend the Foreigners Order, 1948. The amendment introduces requirement of holding a valid passport while living in India.

https://www.scconline.com/blog/post/2022/03/10/requirement-of-holding-a-valid-passport-while-living-in-india-introduced-vide-foreigners-amendment-order-2022/

SEBI issues circular on automation of disclosure requirements under SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 

SEBI has issued a circular on Automation of disclosure requirements under SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 in order to streamline the capture and dissemination of the information related to “encumbrances” and thus bring in more transparency, in consultation with the stock exchanges and depositories. The provisions of this circular shall come into effect from July 01, 2022.

https://www.scconline.com/blog/post/2022/03/08/sebi-issues-circular-on-automation-of-disclosure-requirements-under-sebi-substantial-acquisition-of-shares-and-takeovers-regulations-2011/

Fertiliser (Inorganic, Organic or Mixed) (Control) Amendment Order, 2022 

The Central Government made Fertiliser (Inorganic, Organic or Mixed) (Control) Amendment Order, 2022 Order to amend the Fertiliser (Inorganic, Organic or Mixed) (Control) Order,1985. The amendment provides the cases where the samples were drawn from the dealers out of original sound bags (without any mark of tempering) and are found non-standard, then in such circumstances both dealer and manufacturer shall be made party for filling the case in the concerned court

https://www.scconline.com/blog/post/2022/03/09/dealer-and-manufacturer-to-be-made-party-for-filing-case-where-samples-were-drawn-from-dealers-out-of-original-sound-bags-and-found-to-be-non-standard/

SEBI issues revision to operational circular for increasing limit for investment through UPI mechanism to Rs. 5 lakh 

On August 10, 2021, SEBI has issued an Operational Circular no. SEBI/HO/DDHS/P/CIR/2021/613 which provided an option to investors to apply in public issues of debt securities with the facility to block funds through Unified Payments Interface (UPI) mechanism for application value upto Rs. 2 lakh

SEBI has now made revisions to the Operational circular in order to bring about uniformity in the requirements and for ease of investment for investors and therefore, increased the limit for investment through UPI mechanism to Rs. 5 lakh.

https://www.scconline.com/blog/post/2022/03/09/sebi-issues-revision-to-operational-circular-for-increasing-limit-for-investment-through-upi-mechanism-to-rs-5-lakh/

Employees’ State Insurance (Central) Amendment Rules, 2022 

The Central Government, after consultation with the Employees’ State Insurance Corporation, notified Employees’ State Insurance (Central) Amendment Rules, 2022 to amend the Employees’ State Insurance (Central) Rules, 1950. The amendment eases conditions for women to claim sickness benefits. It provides that in case of an insured woman who is in receipt of maternity benefit and due to reason of which a shorter contribution period is available to her in the contribution period in which the maternity benefit falls, she shall be qualified to claim sickness benefit in the corresponding benefit period if the contribution in respect of her was payable for not less than half the number of days available for working in such contribution period.”.

https://www.scconline.com/blog/post/2022/03/09/esic-eases-conditions-for-women-to-claim-sickness-benefits-vide-employees-state-insurance-central-amendment-rules-2022/

Legal RoundUpWeekly Rewind


Top Story


PM Modi Security Lapse: SC asks P&H HC to ‘secure and preserve’ all records relating to PM’s Punjab tour   
After a massive security breach that left Prime Minister Narendra Modi stuck on a highway in Punjab for 20 minutes on January 5, 2022, the 3-judge bench of NV Ramana, CJ and Surya Kant and Hima Kohli, JJ has directed the Registrar General, Punjab and Haryana High Court to secure and preserve the records relating to Prime Minister’s scheduled tour of Punjab on 05th January 2022.  

Due to bad weather the Prime Minister’s convoy took off by road for a two-hour journey instead of flying to the rally site at Ferozepur Punjab by helicopter. Around 10 km short of the rally venue, the convoy was stranded on a flyover because of protesting farmers. The Convoy turned back after waiting for around 20 minutes. All the further programmes were cancelled. 

The Supreme Court is now due to take up the matter of January 10, 2022. 

https://www.scconline.com/blog/post/2022/01/08/pm-modi-security-lapse-sc-asks-ph-hc-to-secure-and-preserve-all-records-relating-to-pms-punjab-tour/  


Supreme Court Updates


Justice R. Subhash Reddy retires  

On January 4, 2022, Justice R. Subhash Reddy bid adieu to the Supreme Court after serving as a Supreme Court judge for a little over 3 years. Born in an agricultural family, Justice Reddy began his career as an Advocate in the year 1980. His stint as an advocate stretched over a staggering period of 22 years. He also served as a judge at the Andhra Pradesh High Court and the Chief Justice of the Gujarat High Court, before his elevation to the Supreme Court.  

Read all about him and his notable judgments on the SCC Online Blog.  

https://www.scconline.com/blog/post/2022/01/04/bidding-adieu-to-justice-ramayyagari-subhash-reddy/  

NEET 2021-22: Supreme Court allows Counselling with 27% Quota for OBCs and 10% Quota for EWS in All India Quota 

Considering the urgent need to commence the process of Counselling so that the admission process is not dislocated, the Supreme Court has directed that counselling on the basis of NEET-UG and PG 2021 shall be conducted by giving effect to the reservation as provided by the notice dated 29 July 2021, including the 27 per cent reservation for the OBC category and 10 per cent reservation for EWS category in the All-India Quota seats. 

The order came after the notice issued by the Directorate General of Health Services in the Union Ministry of Health and Family Welfare on 29 July 2021 was challenged by the doctors who appeared in the NEET- PG 2021 examination. 

The notice implements a 27 per cent reservation for Other Backward Classes1 (non-creamy layer) and a 10 per cent reservation for the Economically Weaker Section, while filling up 15 per cent undergraduate and 50 per cent post-graduate All India Quota seats in pursuance of the National Eligibility cum Entrance Test.  

https://www.scconline.com/blog/post/2022/01/07/neet-2021-22-supreme-court-allows-counselling-with-27-quota-for-obcs-and-10-quota-for-ews-in-all-india-quota/  

Award cannot be remitted to the arbitrator in absence of findings on the contentious issues 

Explaining the provision of remission under Section 34 (4) of the Arbitration and Conciliation Act, 1996, the Supreme Court has held that under guise of additional reasons and filling up the gaps in the reasoning, no award can be remitted to the Arbitrator, where there are no findings on the contentious issues in the award. 

The Court explained that if there are no findings on the contentious issues in the award or if any findings are recorded ignoring the material evidence on record, the same are acceptable grounds for setting aside the award itself. Under guise of either additional reasons or filling up the gaps in the reasoning, the power conferred on the Court cannot be relegated to the Arbitrator. In absence of any finding on contentious issue, no amount of reasons can cure the defect in the award. 

https://www.scconline.com/blog/post/2022/01/07/explained-can-an-award-be-remitted-to-the-arbitrator-in-absence-of-findings-on-the-contentious-issues/  


High Court Updates


Madras High Court 

Would installing CCTVs in spas and massage parlours infringe bodily autonomy of a person? 

Expressing that right to life and personal liberty enshrined in Article 21 of the Constitution of India includes the right to relax, Madras High Court, held that the said right can be exercised in a variety of forms. 

Bench observed that, 

Suspicion that immoral activities are taking place in massage centres cannot be reason enough to intrude into an individual’s right to relax for it intrinsically is part and parcel of his fundamental right to privacy. 

Further, the Court noted that, the installation of CCTV equipment inside premises such as a spa would unquestionably infract upon a person’s bodily autonomy. These are inviolable spaces where the prying eye of the state simply cannot be allowed to enter.

https://bit.ly/3qot2Nk

Clubs allowing members to bring liquor purchased from outside, and drink without FL-2 license. Is it permissible? 

In another significant decision, Madras High Court decided whether consumption of liquor in an Association, Club or in similar places is permitted or not 

High Court observed that Any Association, Club or otherwise cannot go beyond the scope of its bye laws and the Competent Authorities under the Societies Registration Act are also empowered to initiate action for violation of the bye-laws. 

https://bit.ly/32XE96T 

Chhattisgarh High Court 

 Wife who refuses to join company of husband on ground of ‘auspicious time’ would lead to desertion? 

Chhattisgarh HC granted divorce to husband and wife, on noting that despite efforts taken by the husband to restore the matrimonial home, wife did not cooperate and under the guise of auspicious time to return, she continued at her maternal home leading to desertion by wife. 

 https://bit.ly/3G3ZERK 

Delhi High Court 

“Overseas wife”, husband visited wife for few days only on yearly visits from Canada: Whether moribund marriage or not?  

Delhi High Court while deciding the matter expressed that “…every marriage, where the couple stays apart from each other for work or other obligations consensually, is a broken one.” 

Court held that there was neither a matrimonial home, nor the possibility of ever having one and the damage to the marriage was evident. Hence while dissolving marriage, Bench added that  

The parties were at an age, where they may start a new life, if given a chance. However, keeping them tied to a legal bond would only mean snatching away from them the chance to ever lead a fulfilling life.

https://bit.ly/3f37L5j 

Bombay High Court 

Can ‘minor’ who succumbed to an accident during course of employment be compensated under Employees Compensation Act or Insurance Company will be absolved of its liability? 

Bombay High Court held that Workmen’s Compensation Act, 1923 does not prohibits payment of compensation to a minor.

There is no age limit for a person to be employed as an employee under the Workmen’s Compensation Act, thereforethe Insurance Company cannot be absolved of its liability to pay compensation to the claimants, the dependents of the deceased. 

https://bit.ly/3zzS7rk 


European Court of Justice 


ECJ holds Bulgaria obligated to recognize same sex couple as parents of a child even when its national law does not recognize the concept of marriage between homosexuals 

Moving to international courts, ECJ directed Bulgaria to recognize same sex couple as parents of a child irrespective of the fact that Bulgaria does not recognizes the concept of marriage between homosexuals. The Bench held that, 

“It would be contrary to the fundamental rights which are guaranteed to the child under Articles 7 and 24 of the Charter for the Child to be deprived of the relationship with one of her parents when exercising her right to move and reside freely within the territory of the Member States on the ground that her parents are of the same sex.” 

https://bit.ly/3G7fHOG 


Legislation Updates


Securities Contracts (Regulation) (Procedure for Holding Inquiry and Imposing Penalties) Rules, 2021 

The Ministry of Finance has notified the Securities Contracts (Regulation) (Procedure for Holding Inquiry and Imposing Penalties) Rules, 2021 vide notification dated December 31, 2021, amending the Securities Contracts (Regulation) (Procedure for Holding Inquiry and Imposing Penalties) Rules, 2005. 

The purpose of the amendment was to include ‘electronic instant messaging service’ to the modes of service of notice/order. It provides that the notice sent should be digitally signed by competent authority and in case of bouncing of the electronic mail, it wouldn’t be considered valid service of notice. 

https://www.scconline.com/blog/post/2022/01/04/securities-contracts-regulation-procedure-for-holding-inquiry-and-imposing-penalties-rules-2021-to-include-instant-messaging-for-service-of-notice-order/  

Consumer Protection (Jurisdiction of the District Commission, the State Commission and the National Commission) Rules, 2021 

On December 30, 2021, the Central Government notified Consumer Protection (Jurisdiction of the District Commission, the State Commission and the National Commission) Rules, 2021 in order to revise the pecuniary jurisdiction of District Commission, the State Commission and the National Commission. 

Read more details on SCC Online Blog 

https://www.scconline.com/blog/post/2022/01/03/pecuniary-jurisdiction-of-district-state-and-national-commissions-revised-vide-consumer-protection-jurisdiction-of-the-district-commission-the-state-commission-and-the-national-commission-rules-2/  

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 introduces a provision to link electoral rolls with Aadhaar. 

https://www.scconline.com/blog/post/2021/12/31/provision-to-link-electoral-rolls-with-aadhaar-introduced-vide-election-laws-amendment-act-2021/  

 

Legal RoundUpWeekly Rewind

SCC Online Weekly Rewind | Episode 32 with Devika Sharma


SCC Online Weekly Rewind ft. Episode 32 Devika Sharma, Senior Editorial Assistant is out now. The written episode along with the video episode can be watched and read below.



SUPREME COURT


  • Objections can’t be raised in instalments; Res judicata applicable on execution proceedings https://bit.ly/3lVF5zz

Dismissing a half a century old litigation (started in 1971), having five rounds of litigation at the stage of execution of a simple money decree, the Supreme Court finally put an end to what appeared to be a never-ending litigation by holding that res judicata is applicable on execution proceedings and the judgment debtor cannot be allowed to raise objections in instalments.

In the case where the appellants had exhausted almost all provisions available to a judgment debtor to stall execution, the Court said that the case was

“fit to be included in the syllabus of a law school as a study material for students to get equipped with the various provisions of the Code relating to execution.”

  • Section 138 NI Act| Once settlement has been entered into, the complainant cannot pursue the original complaint https://bit.ly/3vkLaZ5

In a bid to curb the worrying trend of parallel proceedings for complaints under Section 138 of the NI Act, Supreme Court has held that a complainant cannot pursue two parallel prosecutions for the same underlying transaction. In the case at hand, a set of cheques were dishonoured, leading to filing of the first complaint under Section 138 of the NI Act. The parties thereafter entered into a deed of compromise to settle the matter. While the first complaint was pending, the cheques issued pursuant to the compromise deed were dishonoured leading to the second complaint under Section 138 of the NI Act. The Court, hence, explained that allowing the complainant to pursue parallel proceedings would make the settlement and issuance of fresh cheques or any other partial payment made towards the original liability meaningless.

On the question as to whether the National Green Tribunal has the power to exercise Suo Motu jurisdiction in discharge of its functions under the NGT Act, 2010, the Supreme Court has held that NGT can initiate action when required, to protect the substantive right of a clean environment and the procedural law should not be obstructive in its application.

The issue arose after NGT took suo motu cognizance of the article titled “Garbage Gangs of Deonar: The Kingpins and Their Multi-Crore Trade” in the online news portal, The Quint and ordered MCGM to pay compensation of Rs 5 crores.

NGT’s powers must be understood to be of the widest amplitude within it’s sphere of action, the Court said that,

“NGT, with the distinct role envisaged for it, can hardly afford to remain a mute spectator when no-one knocks its door.”

 


High Courts


Delhi High Court

  • Rakesh Asthana’s appointment as Commissioner of Delhi Police challenged | Read Why Del HC upheld Centre’s decision https://bit.ly/3BLnuzA

While dismissing the challenge to Rakesh Asthana’s appointment as Commissioner of Delhi Police and upholding the Centre’s decision on the same, Delhi High Court, expressed that,

It ought to be kept in mind that Delhi, being the Capital of India, has a unique, special and specific requirement. It has witnessed several untoward incidences and extremely challenging law and order situations/riots/crimes, which have an international implication, which in the wisdom of the Central Government necessitated appointment of an experienced officer possessing diverse and multifarious experience of heading a large Para-Military Security Force apart from other factors.

  • Husband is bound to compensate wife who, after spending on children, may hardly be left with anything to maintain herself https://bit.ly/3niSfWP

Expressing that husband must also carry the financial burden of making certain that his children are capable of attaining a position in a society wherein they can sufficiently maintain themselves, Delhi High Court stated that, In households wherein the women are working and are earning sufficiently to maintain themselves, it does not automatically mean that the husband is absolved of his responsibility to provide sustenance for his children.

“…if the husband has sufficient means, he is obligated to maintain his wife and children, and not shirk away from his moral and familial responsibilities.” 

To elaborate more, High Court added that, At the age of 18, it can be safely assumed that the son is either graduating from 12th standard or is in his first year of college. More often than not, it does not place him in a position wherein he can earn to sustain or maintain himself. It further places the entire burden on the mother to bear the expenses of educating the children without any contribution from the father, and this Court cannot countenance such a situation.


Kerala High Court

  • “No matter how old she may be, sometimes a girl just needs her mom.” HC holds a married daughter and maternal parents are entitled to claim compensation under MV Act https://bit.ly/2Xik3RU

In a very interesting matter, Kerala High Court held that a married daughter and parents of the deceased woman are legal representative under the MV Act and hence, are entitled to claim compensation as a dependant of the deceased. The Bench remarked,

“Even if dependency is a relevant criterion to claim compensation for loss of dependency, it does not mean financial dependency is the ‘ark of the covenant’. Dependency includes gratuitous service dependency, physical dependency, emotional dependency, psychological dependency, and so on and so forth, which can never be equated in terms of money.”

  • “Protection shall be offered discreetly, by women Police Officers not in uniform”; HC directs Kerala to ensure effective protection of victims of sexual harassment https://bit.ly/3pai0e9

In another case, Kerala High Court directed the State of Kerala along with the Commissioner of Police to take steps for effective implementation of victim protection scheme particularly with regard to victims of sexual harassment.

While dealing with a case relating to a minor rape victim; in which, there was an allegation that the accused and others were intimidating and threatening her, so as to force her not to file an appeal against them, the Bench expressed that,

“…unfortunately, allegations are far more grievous because, the petitioner, who is stated to be a rape victim, alleges that she is being harassed, not only by the accused, but by certain Police Officers.”

Bench expressed the need of giving a close look to the stipulations for protection of women, who had faced the agony of sexual harassment and attack.

 


Jammu and Kashmir and Ladakh HC

  • Teenager dies due to electrocution; HC grants 3 lakhs compensation holding State strictly liable for negligence in maintaining transmission lines https://bit.ly/3vlQyes

Jammu and Kashmir High Court applied the principle of strict liability to grant compensation to the petitioners who had lost their son due to negligence of the Power Development Department.

Bench held that apart from being vicariously liable for the negligent acts of its employees, who were maintaining and distributing the electricity through transmission lines essentially dealing with a dangerous activity which, having regard to its nature, was hazardous, the department was liable to compensate the petitioners on the principle of strict liability as it was the duty of the respondents to take all care and caution to prevent any mishap.


 

Telangana High Court

  • Law on Termination of Pregnancy | If a pregnancy extends gestation period of 24 weeks, can Constitutional Courts direct termination of pregnancy? Telangana HC explains https://bit.ly/2Z208aS

Expressing that, A woman has the right to make choice to carry pregnancy, at the same time, it’s her right not to carry the pregnancy, subject to conditions and restrictions enumerated under the Medical Termination of Pregnancy Act, Telangana High Court permitted termination of pregnancy of a 16-year-old girl though the gestation period crossed 24 weeks.

Instant petition was filed by a 16-year-old girl through her natural guardian seeking direction to terminate her pregnancy medically, as per the provisions of the Medical Termination of Pregnancy Act, 1971 and as amended in 2021.

Court stated that,

Though there is restriction under the statute for terminating pregnancy, if the gestation of foetus is more than 24 weeks, it is settled law that the Constitutional Courts are empowered to direct termination of pregnancy.


Tribunals/Commissions

  • Competition Commission of India Competition Watchdog | Know why CCI imposed penalties on beer companies: Nation-wide Cartel? Read Full Report https://bit.ly/3jaeexC

Noting a nationwide cartel amongst certain Beer companies, Competition Commission of India imposed penalty on three beer companies on finding regular communications with respect to planning and coordinating of price hikes to propose to State authorities


Legislation Updates


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Legal RoundUpWeekly Rewind

SCC online Weekly Rewind | Episode 29th with Devika Sharma


SCC Online Weekly Rewind Episode 29th ft. Devika Sharma, Senior Editorial Assistant is out now. The written episode along with the video episode can be watched and read below.


Most Important Stories


Federal Court of Australia

 How DABUS, an Artificial Intelligence System, was given the status of an “Inventor”?

In a very interesting issue, Federal Court of Australia became the first judicial authority to recognize AI machines as inventors of patents. The decision centered around the question whether Artificial Intelligence Systems can be an inventor for the purposes of the Patent Act, to which the Court asked that:

If the output of an artificial intelligence system is said to be the invention, who is the inventor? And if a human is required, who? The programmer? The owner? The operator? The trainer? The person who provided input data? All of these? None of these?

Court expressed that, in some cases it may be none of these. In some cases, the better analysis,  is to say that the system itself is the inventor. That would reflect the reality. And you would avoid otherwise uncertainty. And indeed that may be the case if the unit embodying the artificial intelligence has its own autonomy. What if it is free to trawl the internet to obtain its own input or training data? What about a robot operating independently in a public space, having its own senses, learning from the environment, and making its own decisions? And what about the more exotic, such as a mobile unit on Mars left to its own devices and not seeking instructions from Earth?

Justice Beach in light of these observations, stated that “we are both created and create. Why cannot our own creations also create?

Thus, in this remarkable decision Court while noting that the name of the inventor can be non-human, held that DABUS, an AI, can be an inventor.

https://bit.ly/3u8X73C


NCDRC

Model loses assignment because of wrong haircut, negligent medical treatment at ITC Maurya salon: NCDRC’s striking decision on ITC’s liability

Have you ever gone to a salon and something unfortunate like a haircut you wished for went all wrong accompanying a bad hair treatment leading to a burnt scalp?

Well, a salon at ITC Maurya became responsible for causing this to a model who came in for the haircut right before a week of her interview. In its striking decision, the National Consumer Forum while expressing that “Women are emotionally attached to their hair”, granted Rs 2 crores compensation as she was not only given wrong haircut but in fact was also subjected to medical negligence. 

https://bit.ly/3kDQhzT


Supreme Court

Imprisonment for life is equivalent to rigorous imprisonment for life: Supreme Court

In a case where a man was convicted for killing his wife on the suspicion of her infidelity and was sentenced to undergo rigorous imprisonment for life, Supreme Court has refused to go into the question of propriety of specifying rigorous imprisonment while imposing life sentence and has held that imprisonment for life is equivalent to rigorous imprisonment for life.

https://bit.ly/2Y0rYDL

Will long possession of a property by a caretaker/servant entitle him to acquire an interest in property? SC decides

In an interesting case, the Supreme Court has succinctly declared that a caretaker/servant can never acquire interest in the property irrespective of his long possession and the caretaker/servant has to give possession forthwith on demand.

https://bit.ly/3kCzPzS


Kerala High Court

Can DNA test be conducted to determine legitimacy of a child in a divorce petition without the child being on the party array?

Can DNA test be conducted to determine legitimacy of a child in a divorce petition?

The Kerala High Court answered this question when it recently held that it would be permissible for a court to direct the holding of a DNA examination, to determine the veracity of the allegations constituting the grounds for divorce if a strong prima facie case is made out.

https://bit.ly/3uazyHD

Priest of Temple commits penetrative sexual assault on young girl: Ker HC observes which God would accept obeisance and offerings of such Priest or make him a medium?

Observing that “When a man abandons his wife and children, roving vultures wait to prey on not only the abandoned woman, but also the helpless children”, the Kerala High Court noted horrendous act of a temple priest who took an abandoned woman and her three children under his wing and repeatedly molested the elder girl child in the presence of her siblings. Expressing anguish, the Court said “We wonder which God would accept the obeisance and offerings of such Priest or make him a medium?”. Upholding his conviction for rape, the High Court awarded the maximum sentence of life imprisonment to the priest.

https://bit.ly/2XXmgT5


Competition Commission of India

 By now you must have come across the decision centered around the dispute with regard to Maruti Suzuki v. It’s dealers. And in case you have not, I have got you covered:

The Competition Commission of India has imposed a penalty of Rs 200 crores on Maruti Suzuki India limited, on finding that Maruti Suzuki used to impose penalties on its dealers for violating its ‘Discount Control Policy’. The CCI held that Maruti Suzuki India Limited was not a third-party in the enforcement of the Discount Control Mechanism, as claimed by it. When a significant player such as MSIL imposes minimum selling price restrictions in the form of maximum discount that can be offered by the dealers, Resale Price Management can decrease the pricing pressure on competing manufacturers. 

The backdrop of this case was that the dealers were discouraged from giving extra discounts, freebies, etc. to consumers beyond what was permitted by MSIL. If found to be violating the Discount Control Policy, the dealers were threatened with imposition of penalty, not only upon the dealership, but also upon its individual persons, including Direct Sales Executive, Regional Manager, Showroom Manager, Team Leader, etc., and stopping of supplies.

https://bit.ly/2WdNt3g


Bombay High Court

Fear of stigma, not being believed and being blamed: 17-year-old girl leaving a note to her mother explaining ill deeds of her uncle who sexually harassed her, ended her life

Sexual violence knows no boundaries, it occurs in every country, across all parts of society. The Bombay High Court while noting a case of sexual harassment caused to a child aged 17 years due to which she took the step of ending her life, rejected the bail of the accused.

In this horrendous incident, the miserable fact was that this young girl was hesitant to disclose the ill intentions of the accused who was her own uncle. In a note scribed by the deceased, she had opened her mind to her mother wherein she spoke about her uncle’s ill deed and also offered an explanation as to why she concealed it from her mother. She expressed her helplessness. She suffered the consequences mutely for a year.

Hearing this harrowing incident, the High Court penned down that a child may be subjected to sexual abuse or exploitation at home too. Unfortunately, we have not been able to create an atmosphere in the society where parents, teachers and adults in company of the child can identify signs of abuse and make sure children received care and protection.

https://bit.ly/3i3MpGR

To exercise rights, can contractual employees approach a permanent employer? Bom HC verdict determines

Reiterating the well-settled position that contractual employees are not the employees of the principal employer, the Bombay High Court held that

Contractual employees are engaged through contractors, their service conditions are governed by the contracts between them, hence in case of any grievance, they shall approach the contractor and not a principal employer.

Court also observed that these employees work with the principal employer through contractor, only during the contract period. After the contract period is over, their contractor may enter into a contract with another establishment and shift them to work there. From that view of the matter also, they cannot be treated like permanent employees of the principal employer, and therefore, they cannot claim voting rights at par with the permanent employees.

https://bit.ly/39zx9wD


Delhi High Court

Person accused under S. 307 IPC if entered into a compromise with victim, can Court quash criminal proceedings in light of settlement?

Emphasizing on the gravity of seriousness of Section 307 of the Penal Code, the Delhi High Court observed that:

“…an offence under Section 307 IPC will fall under the category of heinous offence, and therefore, has to be treated as a crime against the society and not against the individual alone and the proceedings under Section 307 IPC cannot be quashed only on the ground that the parties have resolved the entire disputes amongst themselves.”

Since in this case, the victim was stabbed with a dangerous weapon i.e. a knife and the injuries caused were of such nature that they would have caused death in ordinary circumstances, the High Court declined to quash the criminal proceedings.

https://bit.ly/3CGthGM

On what basis is an employee compulsory retired? An account of Compulsory Retired, IRS Officer 

Opining that an order of compulsory retirement is not a punishment, nor it attaches any stigma to an employee, the Delhi High Court expressed that:

Fundamental source of compulsorily retiring an employee of the Government is derived from “Doctrine of Pleasure” which springs from Article 310 of the Constitution of India.

If any employee of the Union of India has succeeded in litigation(s), that does not mean that looking to the overall service record of the employee, after certain age as per rules, he cannot be retired by the Union of India. It ought to be kept in mind that compulsory retirement is a subjective satisfaction which has been formed on the basis of the entire service record.

In this case, the petitioner was an officer of the 1985 batch of the Indian Revenue Service. In exercise of powers under Rule 56(j) of Fundamental Rules, respondents had compulsorily retired the petitioner.

https://bit.ly/2W9dO2i


Madras High Court

Are Courts bound to protect the interests of the “deity” in temple? Madras HC’s ruling on “Deity” in temple a “Minor”

Asserting that “Deity” in the temple is a “minor” and the court should be astute to protect the interests of an idol in any litigation, the Madras High Court held that,

When the trustee or the Executive Officer or the custodian of the idol, temple and its properties, leave the same in lurch, any person interested in respect of such temple or worshipping deity can certainly be clothed with an ad hoc power of representation to protect its interest. 

https://bit.ly/3i4KotZ


Kerala High Court

 “If leniency is taken, just considering the fact that she is a young lady, it will be a shame for the whole judicial system”; HC dismisses bail application of infamous fake lawyer

Kerala High Court dismissed the bail application of one Sessy Xavier, the infamous fake lawyer. The Bench stated,

“The illegal activities adopted by her that too before the court of law has to be dealt with an iron hand. If leniency is taken, just considering the fact that she is a young lady, it will be a shame for the whole Judicial system and would shake the confidence of the public in judicial system.”

Read here…


 United States District Court, North District of California

 Apple: A monopolist under Federal or State Law? A win for Epic or Apple?

 While issuing a permanent injunction, stating Apple could no longer prohibit developers linking to their own purchasing mechanisms, the United States District Court for the North District of California held that Epic Games failed to show how Apple Inc. was operating an illegal monopoly.

 Epic Games Inc. sued Apple Inc. alleging violations of federal and state antitrust laws and California’s unfair competition laws based upon Apple’s operation of its App Store. 

Trial did show that Apple was engaging in anti-competitive conduct under California’s competition laws. Further, the Court concluded that Apple’s anti-steering provisions hide critical information from consumers and illegally stifle consumer choice.

Since Apple has created an ecosystem with interlocking rules and regulations, it is difficult to evaluate any specific restriction in isolation or in a vacuum. Thus, looking at the combination of the challenged restrictions and Apple’s justifications, and the lack thereof, the Court found that common threads run through Apple’s practices which unreasonably restrains competition and harm consumers, namely the lack of information and transparency about policies that effect consumers’ ability to find cheaper prices, increased customer service, and options regarding their purchases.

Apple employs these policies so that it can extract supra-competitive commissions from this highly lucrative gaming industry.

Apple Inc. and its officers, agents, servants, employees, and any person in active concert or participation with them were permanently restrained and enjoined from prohibiting developers from

  • including in their apps and their metadata buttons, external links, or other calls to action that direct customers to purchasing mechanisms, in addition to In-App Purchasing and
  • communicating with customers through points of contact obtained voluntarily from customers through account registration within the app.

https://bit.ly/3m0aQ9l


Legislation Updates

Electronic Duty Credit Ledger Regulations, 2021, notified 

The Central Board of Indirect taxes and Customs has notified the Electronic Duty Credit Ledger Regulations, 2021. The Regulations provide for

  1. Issuance of duty credit in the scroll
  2. Creation of E-scrip 
  3. Registration and Validity of e-scrip
  4. Suspension or cancellation of duty credit

https://www.scconline.com/blog/post/2021/09/24/electronic-duty-credit-ledger-regulations-2021-notified/ 

Goa | Dues Recovery and Settlement Scheme 2020-21 extended till 31.10.2021 

The Government of Goa has extended the last date for clearing the dues on water charges for all Domestic & non-domestic water consumers under the Dues Recovery and Settlement Scheme 2020-21 till October 31, 2021, vide notification dated September 16, 2021.

The scheme applies:

  • To those water consumers who have defaulted on dues up to 31st October 2020,
  • The defaulting water consumers whose cases are referred to Revenue Recovery Court as on October 31, 2020
  • Those water Consumers whose installations are either temporarily or permanently disconnected as on October 31, 2020.

https://www.scconline.com/blog/post/2021/09/23/goa-dues-recovery-and-settlement-scheme-2020-21-extended-till-31-10-2021/ 

Medical Termination of Pregnancy (Amendment) Act, 2021 to come into force on September 24, 2021 

The Central Government notified September 24, 2021 as the date on which the provisions of the  Medical Termination of Pregnancy (Amendment) Act, 2021(8 of 2021) will come into force.

https://www.scconline.com/blog/post/2021/09/22/medical-termination-of-pregnancy-amendment-act-2021-to-come-into-force-on-september-24-2021/

IRDAI extends timelines for issuance of electronic policies and dispensing with physical signatures on the proposal forms 

The Insurance Regulatory and Development Authority of India (IRDAI) has issued extension of timelines for Issuance of Electronic Policies and dispensing with Physical Signatures till March 31, 2022.

https://www.scconline.com/blog/post/2021/09/21/irdai-extends-timelines-for-issuance-of-electronic-policies-and-dispensing-with-physical-signatures-on-the-proposal-forms/

No TDS under section 194A on interest payment to a member of scheduled tribe of specified areas under section 10(26) of IT Act

The Central Board of Direct Taxes (CBDT)  has issued a notification  that no deduction of tax shall be made on the following payment under section 194A of the Income-tax Act, 1961, which specifies, Interest other than “interest on securities”, made by a scheduled bank located in a specified area, to a member of Scheduled Tribe residing in any specified area, as referred to in clause (26) of section 10 of the Income-tax Act, 1961 subject to specified conditions.

https://www.scconline.com/blog/post/2021/09/21/no-tds-under-section-194a-on-interest-payment-to-a-member-of-scheduled-tribe-of-specified-areas-under-section-1026-of-it-act/

Legal RoundUpWeekly Rewind

SCC online Weekly Rewind | Episode 26th with Devika Sharma


SCC Online Weekly Rewind Episode 26th ft. Devika Sharma, Senior Editorial Assistant is out now. The written episode along with the video episode can be watched and read below.



Supreme Court


  • Born in a district of Bihar that’s now a part of Jharkhand? Here’s where you can claim reservation 

In a very interesting decision, Supreme Court held that such persons whose place of origin/domicile on or before the appointed day i.e. 15th November, 2000 was of the State of Bihar now falling within the districts/regions which form a successor State, i.e., State of Jharkhand under Section 3 of the Bihar Reorganisation Act, 2000 can claim the benefit of reservation for participation in public employment in either of the successor State of Bihar or State of Jharkhand. Reservation can, however, not be claimed in both the States simultaneously.

Link: https://bit.ly/3BIw95k

  • Issue-wise analysis of why SC ordered demolition of illegal twin towers constructed by Supertech, prosecution of NOIDA and Supertech officials for collusion and possible statutory violations

‘The law must step in to protect legitimate concerns of residents whose quality of life is directly affected by the failure of the planning authority to enforce compliance of law.’

Upholding the Allahabad High Court’s decision with respect to ordering demolition of Tower 16 and 17 of Emerald Court constructed by Supertech Ltd. in Noida, Supreme Court found the construction illegal. The two towers were in violation of statutory regulations.

Supreme Court ordered Supertech to refund with interest the amounts invested by allottees of flats in these two towers. Supertech was also ordered to pay costs of Rs 2 crore to the Resident Welfare Association of Emerald Court Group Housing Society, which had initiated proceedings by filing a writ petition in the High Court.

Court further found that the case was replete with instances which highlight collusion between the officers of NOIDA with Supertech and its management. Therefore, the High Court’s direction for sanctioning prosecution against officials of Supertech and NOIDA was also upheld.

Lastly, the Court observed that

“Unfortunately, the diverse and unseen group of flat buyers suffers the impact of the unholy nexus between builders and planners. Their quality of life is affected the most. Yet, confronted with the economic might of developers and the might of legal authority wielded by planning bodies, the few who raise their voices have to pursue a long and expensive battle for rights with little certainty of outcomes. As this case demonstrates, they are denied access to information and are victims of misinformation.”

  • Extend benefits of welfare schemes not only to children orphaned by Covid-19 but also to children orphaned during Covid-19: Supreme Court

 While addressing the plight of children orphaned during Covid-19 pandemic, and Lauding the steps taken by the Union and State governments to provide succour to the children in need, the Bench expressed,

“It is heart-wrenching to note that the survival of so many children is at stake. We are glad that the UOI and the State Governments / Union Territories have announced schemes to provide succour to the children in need. We have no doubt that the authorities concerned would leave no stone unturned to attend to the immediate basic needs of the crestfallen children.”

https://bit.ly/3DPjvmX

  • Judges speak through their judgments and orders: Supreme Court pens down it’s opinion on oral regimes

Judges speak through their judgments and orders.

Addressing a very significant matter, Supreme Court expressed that the element of judicial accountability is lost where oral regimes prevail. This would set a dangerous precedent and is unacceptable. Judges, as much as public officials over whose conduct they preside, are accountable for their actions.

https://bit.ly/3h0oozQ

  • Repeated inquiries for verification of caste certificates detrimental to members of SC/ST: Supreme Court states when reopening inquiry into caste certificate is permissible

 Supreme Court reversed a judgment of the Madras High Court delivered over a decade ago and held that the State Level Scrutiny Committee had no power to reopen the matter relating to the caste certificate that had been approved by the District Vigilance Committee, without an appeal being filed against such order. The Supreme Court declared that:

“Reopening of inquiry into caste certificates can be only in case they are vitiated by fraud or when they were issued without proper inquiry.”

https://bit.ly/3kOi67A


Supreme Court of the United States


 

  • Texas Legislation imposing a “near complete ban on abortions” gets a green signal as SCOTUS declines to grant any relief on the matter

In a significant decision which can have major repercussions on a woman’s choice to abort in the United States, the full bench of SCOTUS, with a ratio of 5:4, declined to block the Texas law which imposes a near complete ban on abortions

https://bit.ly/3n3S1E7


High Courts


 Kerala High Court

Kerala High Court while addressing the instant suo motu case pertaining to the plight of mentally ill remand prisoners who had been left to languish in prisons due to them being abandoned by family and friends. Calling it blatant violation of basic human rights as well as of fundamental rights guaranteed by the Constitution, the Bench expressed,

“The powerless, voiceless mentally ill prisoners languishing in prisons and mental health centres for years together, embroiled in legal quagmire and abandoned by family and friends. The system and the society presume them to be devoid of knowledge and feeling, thereby turning them into stone.”


Jammu and Kashmir and Ladakh High Court

 While dealing with the intriguing question regarding criminal liability of a debtor of abetment of suicide where the creditor has committed suicide on being prompted by debtor’s refusal to repay the loan amount, Rajnesh Oswal, J., answered in negative. The Bench stated,

“Though the different persons may react or respond to a particular situation differently but this court is of the considered opinion that mere refusal to repay the loan cannot in any way can be considered to be an act of abetment to drive the deceased to commit suicide.” 

https://bit.ly/3jGlcuW


Delhi High Court

Bank Guarantee: Can these be encashed during their validity period? Read Del HC’s opinion on furnishing of bank guarantees

Can Bank Guarantee be encashed during their validity period?

Delhi High Court expressing that no judicial finding is there to state that a Bank Guarantee cannot be encashed during its validity further opined that Bank Guarantees are not furnished for being photo framed and kept in a drawing-room.

https://bit.ly/2WM45Q1


 Meghalaya High Court

State not to insist on production of Aadhaar Card as the only proof of identity for vaccination

 High Court of Meghalaya while observing that in respect of the vaccination policy presently adopted by the State of Meghalaya and particularly in remote villages, there were eligible persons who cannot be vaccinated simply because they do not possess any AADHAAR Card.

The Court thus requested the State not to insist on production of AADHAAR Card as the only proof of identity since there were other recognised options available to citizens of India to present their proofs of identity.

https://bit.ly/3BGgGTl


Tribunals/Commission/Regulatory Bodies


Central Administrative Tribunal

Can family pension be equated with a compassionate appointment? Can employer deny grant of one benefit because the other one was refused by beneficiary? Tribunal answers

Central Administrative Tribunal held that compassionate appointment cannot be equated with family pension. Slamming the respondents for their insensitive and inconsiderate attitude towards a person with 82% permanent disability, the Bench expressed,

“This correspondence between the 2nd and 3rd respondent indicates lack of any sensitivity and concern towards a physically handicapped person…the net result is that a physically handicapped person, whose parents have expired is being denied the family pension which is due to him as a matter of right in terms of extant rules and regulations.”

https://bit.ly/3tddgEP


Advance Rulings


 Maharashtra Authority for Advance Ruling

Whether reimbursement by Industry Partner to Third Party Aggregator of stipend paid to trainees, would attract GST?

 Industry partner that provides training to the trainees is required to pay stipend to the trainees. The said stipend is not directly paid to the trainees by the companies, rather the same are routed through the applicant. Adding to this, it was stated that the entire amounts received as stipend from the companies are paid to the trainees without any amount being retained and the same was not taxable at the hands of the Industry Partner.

https://bit.ly/3BJKBdh

 


Legislation Updates


  • Government introduces a new registration mark for new vehicles “Bharat series (BH-series)” to facilitate seamless transfer of vehicles 

The Minstry of Road Transport and Highways in order to facilitate seamless transfer of vehicles, has introduced a new registration mark for new vehicles  i.e. “Bharat series (BH-series)”.Avehicle bearing this registration mark shall not require assignment of a new registration mark when the owner of the vehicle shifts from one State to another. 

https://www.scconline.com/blog/post/2021/08/30/government-introduces-a-new-registration-mark-for-new-vehicles-bharat-series-bh-series-to-facilitate-seamless-transfer-of-vehicles/ 

  •   SEBI issues circular on disclosure of risk-o-meter of scheme, benchmark and portfolio details to the investors 

SEBI has issued a circular for disclosure of risk-o-meter of scheme, benchmark and portfolio details to the investors in order to protect the interests of investors in securities and to promote the development of, and to regulate the securities market.  

A link will be provided to investors to their registered email to enable the investor to directly view/download only the portfolio of schemes subscribed by the said investor. 

https://www.scconline.com/blog/post/2021/09/01/sebi-issues-circular-on-disclosure-of-risk-o-meter-of-scheme-benchmark-and-portfolio-details-to-the-investors/ 

  •   Income Tax (25th Amendment) Rules, 2021 

The Central Board of Direct Taxes has passed Income Tax (25th Amendment) Rules, 2021. The Amendment inserts Rule 9D prescribing calculation of taxable interest relating to contribution in a provident fund, exceeding specified limit. Some points are required to be taken in to considerations for the calculation of taxable interest relating to provident fund which can be read in detail on SCC Blog. 

https://www.scconline.com/blog/post/2021/09/02/cbdt-calculation-of-taxable-interest-relating-to-provident-fund-transactions-prescribed-vide-income-tax-25th-amendment-rules-2021/ 

  •   USA – TEXAS | Heartbeat Act, 2021 

After the United States Supreme Court declined the request of urgent stay of Heartbeat Act, 2021, the New Abortion Law comes into force in Texas on September 1, 2021. 

The Act bans abortions if there is a fetal heartbeat that can be detected. It has been in controversy as it bans most abortions after about six weeks of pregnancy as per the medical experts (Act has not specified the weeks). 

https://www.scconline.com/blog/post/2021/09/03/usa-texas-heartbeat-act-2021-prohibits-abortion-if-heartbeat-of-unborn-child-detected-comes-into-effect-as-us-supreme-court-refuses-to-stay-the-law/ 

Legal RoundUpWeekly Rewind

SCC Online Weekly Rewind Episode 23rd ft. Devika Sharma, Senior Editorial Assistant is out now. The written episode along with the video episode can be watched and read below.


Kerala High Court

 Is marital rape a form of cruelty?

Treating wife’s body as something owing to husband and committing sexual act against her will is nothing but marital rape.

In a very significant decision, Kerala High Court held that merely for the reason that law does not recognize marital rape under the penal law, it does not inhibit the Court from recognizing the same as a form of cruelty to grant divorce.

High Court expressed:

if marriage is seen as a symbol to project status, without reflecting the values the individuals or society would cherish to profess, we may miss the basic concept required for marriage

https://www.scconline.com/blog/post/2021/08/10/marital-rape/


Supreme Court

SC issues directions to make voter’s right to information more effective; penalises political parties for non-compliance with earlier directions regarding disclosure of criminal antecedents: Read full report

“The nation continues to wait, and is losing patience. Cleansing the polluted stream of politics is obviously not one of the immediate pressing concerns of the legislative branch of government.”

In a matter arising out of the elections held at Bihar Legislative Assembly, the Supreme Court found several political parties guilty of contempt of court for non-compliance of directions given by the Supreme Court in Rambabu Singh Thakur v. Sunil Arora, in connection with disclosure of information of candidates with criminal antecedents. Penalties have been imposed on the political parties found guilty. The Court also issued further directions in order to make the right of information of a voter more effective and meaningful.

https://www.scconline.com/blog/post/2021/08/13/fine-on-political-parties/

Foreign arbitral award enforceable against non-signatories to agreement; ‘perversity’ no longer a ground to challenge foreign award; tort claims arising in connection with agreement are arbitrable: SC expounds law on foreign awards

 A foreign arbitral award is enforceable against non-signatories to arbitration agreement. The Supreme Court reiterated that grounds for resisting a foreign arbitral award contained in Section 48(1)(a) to (e) of the Arbitration and Conciliation Act, 1996 are to be narrowly construed, and that a non-signatory’s objection cannot possibly fit into Section 48(1)(a). Furthermore, a foreign arbitral award cannot be challenged on the ground of “perversity”.

Incidental to the main issue, it was also held that Section 44 recognises the fact that tort claims may be decided by an arbitrator provided they are disputes that arise in connection with the subject agreement.

The instant appeals before the Supreme Court raised interesting questions relatable to Part II of the Arbitration and Conciliation Act which provisions deal, inter alia, with recognition and enforcement of foreign awards.

https://www.scconline.com/blog/post/2021/08/11/foreign-arbitral-awards/

Conundrum of res judicata and rejection of plaint: SC summarises guiding principles for deciding an application under Or. 7 R. 11(d) CPC

Another very interesting development from the Supreme Court was that, the Court summarized the guiding principles for deciding an application under Order 7 Rule 11(d) of CPC.

(i) To reject a plaint on the ground that the suit is barred by any law, only the averments in the plaint will have to be referred to;

(ii) The defense made by the defendant in the suit must not be considered while deciding the merits of the application;

(iii) To determine whether a suit is barred by res judicata, it is necessary that (a) the ‘previous suit’ is decided, (b) the issues in the subsequent suit were directly and substantially in issue in the former suit; (c) the former suit was between the same parties or parties through whom they claim, litigating under the same title; and (d) that these issues were adjudicated and finally decided by a court competent to try the subsequent suit; and

(iv) Since an adjudication of the plea of res judicata requires consideration of pleadings, issues and decision in the ‘previous suit’, such a plea will be beyond the scope of Order 7 Rule 11(d), where only the statements in the plaint will have to be perused. 

https://www.scconline.com/blog/post/2021/08/10/conundrum-of-res-judicata-and-rejection-of-plaint/

15 years after superannuation, a Govt. Employee still accommodated at Govt. accommodation: Does SC finds this legitimized?

In a conflict of Right to Shelter v. Right to Govt. accommodation, SC noted that a Kashmiri Migrant retired from the Intelligence Bureau was even after 15 years of his retirement still staying at the accommodation provided by the Government.

Court in view of the stated backdrop affirmed that,

If a retired government employee have no residence, they have an option to avail transit accommodation or to receive cash compensation in the place of transit accommodation.

Further, the Government accommodation is only meant for in-service officers and not for the retirees or those who have demitted office.

Holding that the right to shelter does not mean right to government accommodation, the matter was disposed of directing the retired officer to vacant the accommodation. 

https://www.scconline.com/blog/post/2021/08/13/right-to-government-accommodation/


Telangana High Court

Mother allows her live-in partner to sexually assault minor daughter continuously

 In a gruesome matter, Telangana High Court noted that a mother allowed her live-in partner to commit sexual assault on her minor daughter as result of which the minor became pregnant and gave birth to a male child.

High Court rejected the bail application of the mother.

https://www.scconline.com/blog/post/2021/08/09/mother-allows-her-live-in-partner-to-sexually-assault-minor-daughter-continuously/


Kerala High Court

Penetration between thighs of the victim held together; will it fall within the ambit of Rape?

Whether penetration to any part of the body of such woman as mentioned in Section 375(c) of IPC brings within its ambit a penile sexual act committed between the thighs held together; which do not qualify to be called an orifice?

In a historic decision the Kerala High Court held that the sexual act of penetration committed between the thighs of the victim held together is an act of manipulation of the body of the victim to obtain sexual gratification and the same fell within the ambit of the amended definition of rape.

Elaborating more, the Court stated that , when the body of the victim is manipulated to hold the legs together for the purpose of simulating a sensation akin to penetration of an orifice; the offence of rape is attracted. When penetration is thus made in between the thighs so held together, it would certainly amount to “rape” as defined under Section 375.

https://www.scconline.com/blog/post/2021/08/09/rape-3/

Kerala HC directs Kerala to reinstate the woman terminated for unauthorised absence on availing maternity leave

While addressing the grievances of a woman whose request for maternity leave was turned down by the State and to then exacerbate her agony, she was terminated from service on the accusation of unauthorised absence. Voicing the plight of the pregnant women in general, the Kerala High Court stated,

“Life as a new mother is like being on a roller-coaster and being a working mother is tougher. The minutiae of motherhood can never be properly contemplated and it involves navigation through myriad daily issues, which ultimately determine the health and future of the child.”

https://www.scconline.com/blog/post/2021/08/13/maternity-leave-3/


Bombay High Court

Can mere dishonour of cheque amount to abetment of suicide?

In the backdrop of a matter wherein a person committed suicide living behind an alleged suicide note naming the person who did not repay the deceased’s money. Though there was a big question mark on the genuineness of the suicide note.

High Court held that mere dishonour of cheque and refusal to pay the remaining balance amount involved in the transaction does not amount to abetment to commit suicide.

https://www.scconline.com/blog/post/2021/08/10/mere-dishonour-of-cheque/

Would throwing love chit on person of a married woman amount to outraging her modesty?

Modesty of a woman is most precious jewel and there cannot be a straitjacket formula to ascertain whether modesty is outraged.

Bombay High Court dealt with a matter wherein a 45 year old married woman was subjected to a situation where a man threw a chit on the person of woman professing love for her, noting the said fact Court held that this act was sufficient to be categorized under the ambit of Outraging the modesty of woman, As even on earlier occasions the man used flirted with the woman making gestures like pouting lips and hitting her with small pebbles.

https://www.scconline.com/blog/post/2021/08/11/outraging-modesty-of-a-woman/


Central Information Commission

Centre’s denial on information relating to committee set up to ensure adequate availability of medical oxygen during COVID-19, is justified?

 Two weeks back, Central Information Commission dealt with a very pertinent matter, wherein an activist approached the Commission seeking certain information on the 9-Member Committee set up in April 2020 to ensure the adequate availability of medical oxygen during COVID-19 Pandemic.

In the arguments submitted by the Centre, they contended that the said information cannot be provided as the High level discussions of the empowered group frequently form part of the discussions within the highest decision-making body to avert and mitigate the impact of COVID-19 pandemic in the country and thus must be protected from disclosure given the larger intent to protect such information from being misused or being adversely used against the interest of the state.

The Commission directed the Centre to provide a point wise reply the activist within 10 days and in case if any information was being denied then the same should be suitably justified.

https://www.scconline.com/blog/post/2021/08/13/centres-denial-on-information-relating-to-committee-set-up-to-ensure-adequate-availability-of-medical-oxygen/


Appointments

Appointment | Kerala High Court gets 2 new Additional Judges 

Two new Additions in the form of Additional Judges were made to the Kerala High Court vide notification dated 11th August 2021 by the Ministry of Law and Justice.

Read the Notification here:

https://www.scconline.com/blog/post/2021/08/11/appointment-of-additional-judges/

 


Legislation updates 

IBC (Amendment) Act, 2021 

The Central Government has notified the Insolvency and Bankruptcy Code Amendment Act, 2021 which has brought Pre-packaged Insolvency Resolution Process for MSMEs. The Act repeals the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2021 and amends the provisions of IBC Act, 2016. 

The Application for initiating Prepacked Insolvency Resolution Process may be filed in the event of a default of at least one lakh rupees. However, the Central Government may increase the threshold of minimum default up to one crore rupees through a notification.   

https://www.scconline.com/blog/post/2021/08/13/pre-packaged-insolvency-resolution-for-msmes-introduced-vide-ibcamendment-act-2021/  

Rent-a-Cab (Amendment) Scheme 2021 

The Central Government has notified Rent-a-Cab (Amendment) Scheme 2021 which provides that the battery-operated motor cabs and motor cabs driven on methanol and ethanol is exempted from the provisions under S. 66 of the Motor Vehicles Act, 1988. 

https://www.scconline.com/blog/post/2021/08/12/battery-operated-motor-cabs-driven-on-methanol-and-ethanol-exempted-from-necessity-of-permits-vide-rent-a-cab-amendment-scheme-2021/  

Income tax Amendment (22nd Amendment), Rules, 2021 

The Central Board of Direct taxes has notified the Income tax Amendment (22nd Amendment), Rules, 2021 which provides the procedure for computation of income of a specified fund attributable to units held by non-resident as well as the procedure for computation of exempt income of specified funds. 

https://www.scconline.com/blog/post/2021/08/12/determination-of-income-of-specified-funds-associated-with-units-held-by-nri-notified-vide-income-tax-amendment-22nd-amendment-rules-2021/  

In the Monsoon Session, Various Bills Have Been Passed by Parliament Such as:

  1. Tribunal Reforms Bill, 2021 [ https://www.scconline.com/blog/post/2021/08/10/parliament-passes-tribunal-reforms-bill-2021/]
  2. General Insurance Business (Nationalisation) Amendment Bill, 2021 [ https://www.scconline.com/blog/post/2021/08/12/parliament-passes-general-insurance-business-nationalisation-amendment-bill-2021/
  3. National Commission for Homoeopathy (Amendment) Bill, 2021 
  4. National Commission for Indian System of Medicine (Amendment) Bill, 2021

https://www.scconline.com/blog/post/2021/08/12/rajya-sabha-clears-national-commission-for-homoeopathy-amendment-bill-2021-and-national-commission-for-indian-system-of-medicine-amendment-bill-2021/  

Legal RoundUpWeekly Rewind

SCC Online Weekly Rewind Episode 20 ft. Devika Sharma, Senior Editorial Assistant is out now. The written episode along with the video episode can be watched and read below.


Supreme Court

Part IX-B of Constitution relating to cooperative societies unconstitutional for want of ratification by half of the States; Provisions relating to multi-State cooperative societies severable and valid: SC

In a major ruling this week, a 3-Judge Bench of the Supreme Court held that the Constitution (97th Amendment) Act, 2011 which inter alia inserted Part IX-B, is ultra vires the Constitution insofar it is concerned with the subject of Cooperative Societies, for want of the requisite ratification under Article 368(2) proviso. At the same time, the Court by a majority of 2:1, followed doctrine of severability in declaring that Part IX-B is operative insofar as it concerns Multi-State Cooperative Societies both within various States and in Union Territories. Justice R.F. Nariman and Justice B.R. Gavai formed the majority. Whereas Justice K.M. Joseph penned a separate opinion dissenting partly with the majority. He expressed inability to concur with the view on the application of doctrine of severability.

https://www.scconline.com/blog/post/2021/07/21/constitution-97th-amendment-act-2011/

Can Courts modify Arbitral Awards under S. 34 of Arbitration Act or is power limited? SC decides

Whether the power of a Court under Section 34 of the Arbitration and Conciliation Act, 1996 to ‘set aside’ an award of an arbitrator would include the power to modify such an award? Answering this interesting and important question in the negative, the Supreme Court said that:

“If one were to include the power to modify an award in Section 34, one would be crossing the Lakshman Rekha.”

While laying down this law, the Supreme Court reversed a Madras High Court judgment which had ruled that at least insofar as arbitral awards made under the National Highways Act, 1956 are concerned, Section 34 of the Arbitration Act must be so read as to permit modification of an arbitral award made under the National Highways Act so as to enhance compensation awarded by an Arbitrator.

https://www.scconline.com/blog/post/2021/07/22/arbitral-award-3/

Supreme Court closes suo motu case as U.P. Government expresses decision to postpone Kanwar Yatra to next year

In another case, while closing the suo motu case regarding “Kanwar Yatra during pandemic”; the Division Bench comprising of Justice R.F. Nariman and Justice B.R. Gavai directed the authorities to be cautious towards public health and safety. The Bench stated,

“We may only remind the authorities at all levels to have regard to Article 144 of the Constitution, and ensure that untoward incidents which directly affect the lives of the public will be looked upon sternly and prompt action taken immediately.” 

https://www.scconline.com/blog/post/2021/07/19/kanwar-yatra-2/

Will a subsequent purchaser stepping into shoes of original allottee in housing project have same rights as that of original allottee? SC explains

Giving a major relief to homebuyers, the Supreme Court held that rights of a subsequent purchaser are the same as that of an original allottee in a housing project. The Court said that in the event the subsequent purchaser claims refund, on an assessment that he too can (like the original allottee) no longer wait, and face intolerable burdens, the equities would have to be moulded.

https://www.scconline.com/blog/post/2021/07/23/will-a-subsequent-purchaser-who-steps-into-the-shoes-of-an-original-allottee-have-the-same-rights-as-that-of-the-original-allottee-sc-explains/


High Court

Delhi High Court

Whether a Chief Minister’s promise to its citizens is enforceable?

Whether a promise made by a Chief Minister to its citizens is enforceable?

Well, the Delhi High Court says yes it is! Justice Prathiba M. Singh pronounced a one of its kind ruling. The Court said that the Law has evolved the doctrines of  legitimate expectation and promissory estoppel to ensure that promises made by the Government, its officials and other authorities are not broken and are, in fact, judicially enforceable, subject to certain conditions.

The High Court expressed that,

A statement given in a consciously held press conference, in the background of the lockdown announced due to the pandemic and the mass exodus of migrant labourers, cannot be simply overlooked. Proper governance requires the Government to take a decision on the assurance given by the CM, and inaction on the same cannot be the answer.

In the backdrop of this decision, was a press conference held by the Chief Minister of Delhi during the ongoing Covid pandemic where he gave a solemn assurance that the Government would take care of the tenants who are unable to pay the rent due to poverty.

https://www.scconline.com/blog/post/2021/07/23/promise-by-chief-minister-in-press-conference-enforceable/


Andhra Pradesh High Court

AP HC | Is girlfriend or concubine a “relative” of husband, liable to be prosecuted for cruelty under S. 498-A IPC? Court decides

 Can a Girlfriend or concubine of husband be prosecuted for cruelty under the Penal Code, 1860?

Andhra Pradesh High Court held that a Girlfriend or concubine, being not connected by blood or marriage, is not a relative of the husband for the purpose of Section 498-A IPC.

https://www.scconline.com/blog/post/2021/07/20/cruelty-5/


Allahabad High Court

Man murdered wife and 4 minor daughters and burned them. Will this case fall under rarest of rare category? Allahabad HC decides

 The Allahabad High Court dealt with a case of an accused who committed murder in most brutal and barbaric manner of his wife and four minor daughter to pave way to marry another lady. Not only this, but he also chopped off various parts of their bodies and inflicted severe incised wounds. In such above background of the case, the High Court upheld the trial court’s decision of awarding death penalty to the accused. Court expressed that

The accused is a menace to the Society and, therefore, imposition of lesser sentence than that of death sentence, would not be adequate and appropriate.

https://www.scconline.com/blog/post/2021/07/19/rarest-of-rare-category/


Punjab and Haryana High Court

Maintaining elderly parents is not only a value based principle but a bounden duty under Maintenance and Welfare of Parents Act 

Recently, the Punjab and Haryana High Court addressed plight of a 72-year-old widowed mother who had been ousted from her house by her son and was given beatings. The Court observed that,

“It is often seen that after receiving property from their parents, children abandon them. In such situation, the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is an enabling lifeline for such old, aged parents and senior citizens who are not looked after by their children and become neglected lots.”

Further, the Court held that the children are expected to look after their elderly parents properly which is not only a value based principle but a bounden duty as enshrined within the mandate of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

https://www.scconline.com/blog/post/2021/07/18/ph-hc-maintaining-elderly-parents-is-not-only-a-value-based-principle-but-a-bounden-duty-under-maintenance-and-welfare-of-parents-act/

“Nightmarish and traumatic”; HC denies bail in a case of sodomy committed to an 8-year-old child

 In a case with very disturbing accusations, the Punjab & Haryana High Court rejected the bail application of the applicant accused of committing an act of sodomy to an 8 year old child. The Bench stated that,

“Accused has spoiled the life of a young child by his hateful acts. The petitioner comes out to be a sex maniac, himself a teenager, indulging in perverse sexual acts. His conduct cannot be taken lightly, since if released on bail, he may victimize several other innocent children and is a grave threat to the society.”

It was alleged that accused had attempted to commit unnatural sex with a child of young age of 8 years, making him undergo nightmarish and traumatic experience, which may haunt him for the rest of his life.

https://www.scconline.com/blog/post/2021/07/21/sodomy/


Kerala High Court

Kerala High Court

Harassment, abuse and torture of wife within seven months of marriage; HC denies anticipatory bail to doctor

Expressing concern over violence against married women, the Kerala High Court rejected the bail application of a doctor and his family accused of dowry demand and cruelty against his wife within seven months of marriage. Calling ‘matrimonial homes the most dangerous place to live’ due to harassment, abuse and torture, the Bench remarked that the number of cases of attack towards married women in our country is alarming, though stringent laws are there and the same has to be stopped forever. The Court observed that:

“Harassment, abuse and torture both mental and physical towards married ladies are increasing day by day in our country to pressurize them to bring more wealth to the family of the bridegroom to improve their financial situation. Though so many cases are being registered against husbands and in laws there is no change in the attitude of the society towards married women and family members.”

https://www.scconline.com/blog/post/2021/07/21/anticipatory-bail-6/


 Gauhati High Court

“Not based on intelligible differentia”; HC stays Arunachal Pradesh Govt.’s order discriminating between vaccinated and non-vaccinated persons

 The Gauhati High Court stayed the order of the State Executive Committee of Arunachal Pradesh whereby non-vaccinated persons for Covid-19 were being discriminated for the purpose of permit to enter the State for developmental works in both public and private sector.

Additionally, the Court stated that,

“if the sole object of issuing the impugned order was for containment of the Covid-19 pandemic and its further spread in the State of Arunachal Pradesh, the classification sought to be made between vaccinated and unvaccinated persons was, prima facie, a classification not founded on intelligible differentia nor it was found to have a rational relation/nexus to the object sought to be achieved by such classification, namely, containment and further spread of Covid-19 pandemic.”

 https://www.scconline.com/blog/post/2021/07/22/covid-19-vaccination-4/


District Court

“Utterly shocked”; “No one allowed to ignite religious riots, blow hatred towards particular group or community”: Court rejects bail plea of accused booked over hate speech

Expressing shock over an incident of hate speech in a public gathering, the Court of Judicial Magistrate, Patuadi, Gurugram dismissed bail plea of Rambhagat Gopal who had allegedly delivered hate speech instigating abduction and killing of girls of a particular community. The Court observed that,

“If right of freedom of speech is allowed to be used to spread hatred amongst the people based on religion, caste, etc. then the very basic nature of the constitution and Indian Society will be shattered and the country will lose its true spirit and soul.”

Further, the Court stated that,

“Conscience of the Court is utterly shocked while seeing the actual incidents which took place at that time, in video recording. It seems that now a normal parent would tell stories to their children that there used to be a time when talks of hatred or the religious intolerance in our society used to be seen as a sign of diminishing social values.”

https://www.scconline.com/blog/post/2021/07/19/hate-speech/


International Court

European Court of Justice

Prohibiting Islamic headscarf and other religious signs at workplace isn’t discriminatory

In a significant ruling, the European Court of Justice held that prohibiting Islamic headscarf and any visible sign of political, ideological or religious beliefs does not constitute discrimination on the grounds of religion.

https://www.scconline.com/blog/post/2021/07/20/religious-neutrality-policy/

 


 Legislation updates 

Issuance and listing of securities by Start-ups, SMEs and SPAC notified via International Financial Services Centres Authority (Issuance and Listing of Securities) Regulations, 2021 

The International Financial Services Centres Authority has notified the International Financial Services Centres Authority (Issuance and Listing of Securities) Regulations, 2021 to ensure that capital markets in IFSCs support the financing of innovative business models and also, for the Issuance and listing of securities by Start-ups, Small Medium Enterprises and Special Purpose Acquisition Company.  

https://www.scconline.com/blog/post/2021/07/23/issuance-and-listing-of-securities-by-start-ups-smes-and-spac-notified-via-international-financial-services-centres-authority-issuance-and-listing-of-securities-regulations-2021/  

 

Rates of Dearness Allowance to Central Government employees revised 

The Ministry of Finance has issued a memorandum on the revision of Dearness Allowance to the Central Government employees. The dearness allowance has been enhanced from 17% to straight 28% of the basic pay for the employees with effect from July 01, 2021. 

https://www.scconline.com/blog/post/2021/07/23/rates-of-dearness-allowance-to-central-government-employees-revised/  

 

IBBI issues circular for filing of Form CIRP 8 under the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 

 IBBI has released Form CIRP 8 which as per Regulation 40B of CIRP Regulation, every resolution professional is required to file intimating details of his opinion and determination under regulation 35A, by 140th day of the insolvency  commencement date. The Form CIRP 8 is required to be filed for all corporate insolvency resolution processes ongoing or commencing on or after 14th July 2021. 

For the Format of FORM CIRP 8, read our story on SCC Online Blog 

https://www.scconline.com/blog/post/2021/07/22/ibbi-issues-circular-for-filing-of-form-cirp-8-under-the-ibbi-insolvency-resolution-process-for-corporate-persons-regulations-2016/  

SEBI issues Circular on “Block Mechanism in demat account of clients undertaking sale transactions” 

SEBI issues Circular on “Block Mechanism in demat account of clients undertaking sale transactions” after extensive consultations with Depositories, Clearing Corporations and Stock Exchanges to provide a mechanism of block in the demat account of clients undertaking sale transactions. 

https://www.scconline.com/blog/post/2021/07/19/sebi-issues-circular-on-block-mechanism-in-demat-account-of-clients-undertaking-sale-transactions/  

Legal RoundUpWeekly Rewind

Watch the latest episode of SCC Online Weekly Rewind Episode 17 featuring Devika Sharma, Senior Editorial Assistant (Legal).


Highlight of the Week

Allegations of cheating in Bitcoin transactions: Magistrate, Tis Hazari Courts directs Delhi Police to register FIR and investigate

The Magistrate, Tis Hazari Courts in Delhi, has directed the Delhi Police to register an FIR and investigate the allegations of the complainant who has alleged that he was cheated by the accused while making Bitcoin transactions. The Court found that offences under Sections 403, 411 and 420 of IPC are prima facie committed and the real culprits need to be identified.

 

 

https://www.scconline.com/blog/post/2021/07/02/crypto-currency/


Supreme Court 

  • No conviction under Section 364A IPC if kidnapper treats victim in “a good manner  

In an interesting ruling, the Supreme Court has laid down the essential ingredients required to be proved by prosecution to convict an accused under Section 364A IPC i.e. kidnapping for ransom. The Court has held that an accused cannot be convicted under Section 364A IPC if he or she treats the victim in “a good manner”NDMA to come up with uniform guidelines for ex gratia assistance on account of lives lost due to Covid-19  

The order came in a case where a 13-year-old boy who was kidnapped, recorded in his statement that the kidnapper had treated him in a good manner and that no threat to cause death or hurt was made.

  • NDMA to come up with uniform guidelines for ex gratia assistance on account of lives lost due to Covid-19  

After the Court was approached seeking direction to the Government to provide notified ex-gratia monitory compensation of Rs.4,00,000/- to the families of deceased who succumbed to COVID-19,the Court has issued directions asking the National Disaster Management Authority to make uniform guidelines for ex gratia assistance on account of loss of life to the family members of the persons who died due to Covid-19 within 6 weeks.

According to the official figure, the pandemic has caused more than 3,85,000 deaths, the same is likely to increase further. 

In such circumstances, the Court said that by not recommending any Guidelines so far, the National Authority has failed to perform its statutory duty cast under Section 12 of the Disaster Management Act.

  • ‘One Nation One Ration Card’ Scheme to be a reality in all States by July 31st! 

Issuing extensive directions to ensure the welfare of the migrant labourers who have been severely affected due to the outbreak of the COVID-19 pandemic, the Supreme Court has asked all the States to implement “One nation, One Ration card” Scheme by July 31st.

The Central Government has also been directed to develop the Portal in consultation with National Informatics Centre (NIC) for registration of the unorganized labourers/migrant workers. The registration process by all means has to commence by July 31st.

  • Persons with Disabilities have right to promotion under the 1995 PwD Act 

In an important development concerning the rights of the persons with disabilities, the Supreme Court has held that the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 protects the right of promotion and enjoins the government to identify posts in promotional cadre that can be filled up with persons with disability.

Although the 2016 Act has now taken care of how to deal with the aspect of reservation in promotion, the law laid down, in this case, is important as a large number of cases may still arise in the context of the 1995 Act.


High Courts

Delhi High Court

Del HC | Stray Dogs have right to food and citizens have right to feed | Indispensable 22 Guidelines on Feeding of Stray Dogs

Animals breathe like us and have emotions.

In a significant ruling, Delhi High Court issued guidelines with regard to the feeding of stray dogs and observed that stray dogs have the right to feed and citizens have the right to feed community dogs but in exercising this right, care and caution should be taken to ensure that it does not impinge upon the rights of others or cause any harm, hinderance, harassment and nuisance to other individuals or members of the society.

https://www.scconline.com/blog/post/2021/07/02/stray-dogs/

Calcutta High Court

Is mere demand of money, property, etc. sufficient to penalise for demanding dowry? Court answers; says gifts exchanged out of love are not dowry

If a bride or bridegroom is presented gifts in a voluntary nature at or before a wedding, would that be covered under the ambit of ‘dowry’ under the Dowry Prohibition Act?

Calcutta High Court addressing this connected question while deciding a case, elaborated on the concept of dowry and observed that dowry as per Section 2 Of the Dowry Prohibition Act cannot be applied merely to the demand of money, property or valuable security made at or after the performance of marriage.

https://www.scconline.com/blog/post/2021/06/25/dowry-demand/

Bombay High Court

Whether adoption can be restricted only to children in conflict with law, or in need of care and protection, or who are orphaned, abandoned or surrendered under provisions of JJ Act and Adoption Regulations? Elaborate report 

Faced with the question of child welfare, the Bombay High Court held that on appreciation of the Juvenile Justice Act, 2015 read with Regulations of 2017, adoption of children cannot be restricted only to children in conflict with law or those in need of care and protection or only those children who are orphaned, abandoned or surrendered children.

The High Court opined against a restrictive interpretation of the JJ Act.

https://bit.ly/3yn 5XLT

Madhya Pradesh High Court

Bail denied to juvenile in Rape Case; Court questions lawmakers conscience, How many more Nirbhayas’ sacrifice would be required?

Anguished over lackadaisical approach of the State, Madhya Pradesh HC while denying bail to a Juvenile for committing rape of a minor girl observed that,

“The Legislature has still not learnt any lesson from the case of Nirbhaya, as the age of a child is still kept below 16 years in heinous offences under s.15 of the Act of 2015 giving a free hand to the delinquents under the age of 16 years to commit heinous offences. Thus, apparently, despite committing a heinous offence, the petitioner would be tried as a juvenile only, because he is less than 16 years old as provided under Section 15 Act of 2015. Apparently, the present law to deal with such cases is totally inadequate and ill equipped and this Court really wonders as to how many more Nirbhayas’ sacrifice would be required to shake the conscious of the lawmakers of this Country.”

https://www.scconline.com/blog/post/2021/06/29/rape-case/

Bombay High Court

Bom HC on Cruelty & Desertion | Wife wishing to stay abroad. Is that an act of selfishness? Can it be ground of divorce? Court answers

Can a wife wishing to stay abroad with her child in order to maintain her lifestyle be covered under the umbrella of cruelty and desertion?

Answering this question, the Bombay High Court expressed that such an act of the wife cannot be branded as an act of selfishness or unjustified. Hence, the Court held that wife did not treat the husband with cruelty nor did she desire to desert him.

https://www.scconline.com/blog/post/2021/06/29/cruelty-and-desertion/

Madras High Court

Ban Online Games or not? Read HC’s opinion on not entering into such matters. Is it a policy matter?

Mad HC while addressed concerns over menace of online gambling. It noted that children and young adults these days are addicted to their phones and their worlds appear to revolve around their mobile phones.

The Court also expressed it’s opinion on  whether online games can be banned and expressed that:

There is no doubt that when there is some illegal action or something which is detrimental to larger public interest, constitutional courts intervene; but in the matters of the present kind, especially when elected governments are in place, such matters of policy should be left to the wisdom of those representing the people and having their mandate instead of the Court issuing a diktat.

Uttaranchal High Court

Re-opening Char Dham Yatra would lead to inviting a calamity, Kumbh 2021 example of poor implementation of SOP; HC directs live streaming of ceremonies carried out at Shrines

Utt HC dealt with a very pivotal question of Whether Char dham Yatra should be re-opened or not?

High Court expressed that the

“…second wave struck the country like a tsunami. It not only killed about three lakh people in the country, but in its wake it has also left devastated families, and orphaned children.”

“The health care system began to crumble. It is common knowledge that as people began to die, there were insufficient spaces in our crematorium and burial grounds. People could not perform a decent cremation, or decent burial to our lost brethren.” 

The Court finally held that Char Dham Yatra should not be permitted even for a limited period and Government should make sure that the live streaming is done throughout the country, so that the devotees may not only witness the deity, but may also pray to the same.

https://www.scconline.com/blog/post/2021/06/30/char-dham-yatra/

Madras High Court

A person can be a silent carrier of COVID-19 on not taking vaccine: Can Right to Refuse Vaccine in such circumstances be exercised?

 Whether Right to Refuse Vaccine can be exercised in circumstances wherein a person can be as a silent carrier of COVID-19 on not being vaccinated?

Discussing this issue, the High Court expressed that

when a larger interest of public health comes into play, it is possible that a person who has not taken the vaccine may not reveal the symptoms but still be a silent carrier, it is doubtful whether in such circumstances the right to refuse vaccine can be exercised.

The Court then asked the State to try and persuade persons with awareness campaigns and scientific data to indicate the efficacy of the vaccines and the indispensable nature in dealing with the present pandemic

https://www.scconline.com/blog/post/2021/07/01/right-to-refuse-vaccine/

Competition Commission of India

Co-location facility of the National Stock Exchange is anti-competitive? Is the service an autocratic move against traders? Comprehensive Report

A complaint was filed with the Competition Commission of India CCI alleging that the National Stock Exchange contravened provisions of the Competition Act. Questions were raised over the co-locations facility which was launched by NSE in 2009.

The CCI rejected the allegations and stated that stopping the Co-location facility will be retrogade. It said that

A robust exchange acts as a backbone of the financial system and the provision of co-location facility by exchanges help increase volumes of trades manifold and provides liquidity to investors. This augurs well for the market, the companies and the economy.

https://www.scconline.com/blog/post/2021/06/30/national-stock-exchange/

Legislation Updates  

Tripura Government revises Variable Dearness Allowance (VDA) 

On June 21, 2021, the Labour Department of Tripura issued a notification on revision of Variable Dearness Allowance on the basis of 6-monthly average Consumer Price Index Numbers for the period of twelve months for different categories of workers engaged in the employment of shops and establishments in Tripura and shall be payable with effect from April 01, 2021.

Show this in table form in the video:

  • Skilled: Rs.7,618 Per Month
  • Semi-Skilled: Rs.6,812 Per Month
  • Unskilled: Rs.6,209 Per Month

https://www.scconline.com/blog/post/2021/06/29/tripura-government-revises-variable-dearness-allowance-vda/

Some of the important amendment which have taken place recently are  

Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) (Amendment) Rules, 2021 in order to amend The Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2020

https://www.scconline.com/blog/post/2021/07/01/tribunal-appellate-tribunal-and-other-authorities-qualifications-experience-and-other-conditions-of-service-of-members-amendment-rules-2021/

Merchant Shipping (Maritime Labour) Amendment Rules, 2021 to amend the Merchant Shipping (Maritime Labour) Rules, 2016. They shall be deemed to have come into force on December 26, 2020.

https://www.scconline.com/blog/post/2021/06/30/merchant-shipping-maritime-labour-amendment-rules2021/


Books Released 

B.S. Murthy’s International Relations and Organisation

by V. Rajyalakshmi

The book deals with the fundamentals of International Relations and Organisation in a simple language and descriptive style. The book starts with an introduction by Prof. N.R. Madhava Menon. The book examines topics such as-the history of the evolution of world community, methods employed to study international relations in the past, participants involved in international decision-making, the settlement of disputes through different methods, etc.

This book is indispensable for students of five-year law courses and for anyone interested in reading about International Relations and Organisation.

https://www.ebcwebstore.com/product_info.php?products_id=441

EBC’s Master Guide To All India Bar Examination This 2021 Edition of the Guide for All India Bar Examination is a comprehensive book to study for the exam conducted by the Bar Council of India. This Guide has been updated and prepared based on the examination patterns over a period of time.

This Guide is indispensable for law graduates appearing for All India Bar Examination.

https://www.ebcwebstore.com/product_info.php?products_id=99096318


Features on SCC Online Web Edition

Let me also tell you about very handy features introduced on SCC Online. Now you can find all the important news about any reported case or legal developments along with the judgment text and authoritative digest notes, all at one place. You just need to select the Legal and Business News section on your dashboard.

Also, now you will save a lot of time and effort while citing cases. You can cite cases accurately with our new feature where you can directly copy citation and party names to your clipboard by a single click and then use it for your research or preparing drafts and other purposes.

Do try out these new features on SCC Online web edition.

Legal RoundUpWeekly Rewind

Watch the latest episode of SCC Online Weekly Rewind Episode 14 featuring Devika Sharma, Senior Editorial Assistant (Legal).


Pride Month

Judge “removes Lordship’s hat” for framing guidelines for proper recognition of LGBTQIA+ rights, acknowledges “gurus” for pulling him out of darkness of ignorance

When the world is celebrating pride month, a very progressive order came from the Madras High Court this week. The Court issued interim directions for proper recognition of the rights of LGBTQIA+ community. Another significant fact about the matter is that before penning this order, the Presiding Judge himself went through a counselling session and interacted with a transwoman to understand the emotions and realities of the community. The order notes that this session “ultimately convinced the Bench that it must change all the preconceived notions and start looking at persons belonging to the LGBTQIA+ community as they are.”

scconline.com/blog/post/2021/06/08/rights-of-the-lgbtqia-community/


Supreme Court Updates

Children orphaned by COVID-19| No illegal adoption; no discontinuance of education. Directions issued  

Considering the need for continuous monitoring of the implementation of the schemes in favour of the children who have become orphans or have lost one of their parents due to the COVID-19 pandemic, the Supreme Court has issued a series of directions to ensure immediate relief to such children. 

The Court emphasised on the need to ensure that the education of such children is not discontinued and also that no illegal adoption takes place.  

https://www.scconline.com/blog/post/2021/06/11/children-orphaned-by-covid-19-no-illegal-adoption-no-discontinuance-of-education-heres-the-list-of-supreme-court-directions/  

Financial relief a policy matter: SC refuse to entertain plea seeking loan moratorium extension 

In another development the Supreme Court has refused to pass any direction in the petition seeking effective and remedial measures to redress and overcome the financial stress and hardship faced by the borrowers of the country during the second wave of Covid 19 and lockdown. The Court said that financial relief is a policy matter and left it to the Government to take a decision.  

https://www.scconline.com/blog/post/2021/06/11/covid-19-second-wave-financial-relief-a-policy-matter-similar-order-already-passed-sc-refuse-to-entertain-plea-seeking-loan-moratorium-extension/  

AIIMS INI-CET exam to be postponed by at least a month 

Coming to the aid of doctors aspiring for admission to the Post Graduate courses for the July 2021 session in the units of AIIMS (All India Institute of Medical Sciences), PGIMER Chandigarh, JIPMER Puducherry and NIMHANS Bengaluru, the Supreme Court has directed AIIMS to postpone the Institute of National Importance Combined Admission Test (INI CET) examination by at least a month.  

 AIIMS had notified the date for conduct of INI CET 2021 on 16th June, 2021.  

https://www.scconline.com/blog/post/2021/06/12/aiims-ini-cet-exam-to-be-postponed-by-at-least-a-month-supreme-court/  


High Court Updates

Footpaths are not for campaigns and protests

Kerala High Court

Kerala High Court, while addressing the issue of encroachments of footpaths for the purpose of holding assemblies and protests, stated that,

“Footpaths are not intended for the purpose of holding campaigns, demonstrations, etc., by political parties and other organizations, by causing any obstruction whatsoever to free movement of pedestrians. No political party or organization can be permitted to encroach footpath or right of way of public roads…forcing pedestrians including those with disabilities and reduced mobility to walk in unsafe circumstances.”

Link: https://www.scconline.com/blog/post/2021/06/12/right-of-footpath/

Toon Controversy | Cartoonist wanting to express anger, cannot be construed as defamation: Madras HC quashes criminal case against cartoonist, says cannot teach ethics to people

In a very interesting case, Madras High Court noted that a cartoonist had published a cartoon on his facebook page regarding a self-immolation incident and complaint was filed against him under Sections 501 of IPC and Section 67 of the Information and Technology Act, 2000, which raised the question Where from the fundamental rights of freedom of thought and expression must begin and where must it end?

To which the Court answered that:

Freedom of thought and expression is subject to the limitations that have been set out in the Article 19(2) of the Constitution of India.

Just like, any other citizen, a cartoonist is also bound by the law and in the form of a cartoon, he cannot defame anyone.

Link: https://www.scconline.com/blog/post/2021/06/08/toon-controversy/

“Singh + Singh” prima facie deceptively similar to “Singh & Singh”: HC grants interim relief to law firm in trademark infringement case

In a very interesting case of trademark infringement, the Delhi High Court has granted interim injunction in favour of Singh and Singh Law Firm LLP. The Court found that “Singh + Singh” – trademark of the defendant firm, prima facie appears to be deceptively similar to “Singh and Singh” – which is the petitioner’s trademark. The defendants Singh
+ Singh Laywers LLP have been restrained from using the impugned mark till the date of next hearing which is on 23rd September.

Link: https://www.scconline.com/blog/post/2021/06/07/law-firm-singh-singh/

 


Tribunals/Commissions Updates

SEBI bars Director of Franklin Templeton AMC, wife from accessing securities markets for 1 yr

SEBI, while barring a director of Franklin Templeton Asset Management Company and his wife from accessing securities markets for 1 yr, made a very significant observation in this insider trading matter that:

while directors are not prohibited from trading in units of the schemes managed by the Asset Management Company, they should ensure that such trading conforms to ethical and moral standards and legal norms expected to be complied by a person entrusted with quasi-fiduciary responsibilities.

Link: https://www.scconline.com/blog/post/2021/06/10/franklin-templeton/

NCLAT responds to a very marked question that whether Banks can debit amounts from Corporate Debtor Company after Moratorium Order?

The National Company Appellate Tribunal, while making an observation that Banks cannot freeze accounts, nor can they prohibit the ‘Corporate Debtor’ from withdrawing the amount as available on the date of the moratorium for its day-to-day functioning, held that banks cannot debit any amounts from the account of the ‘Corporate Debtor Company’ after the Order of moratorium, as it amounts to recovery of the amount.

Link: https://www.scconline.com/blog/post/2021/06/10/moratorium/

 


Legislation Updates

FSSAI issues order for mandating the mention of FSSAI license/ registration no. on the receipts and invoices by Food businesses 

On June 08, 2021, the Food Safety and Standards Authority of India (FSSAI) issued an order for mandating the mentioning of FSSAI license/ registration number on receipts/ invoices/ cash memo/ bills etc. by food business on sale of food products. 

https://www.scconline.com/blog/post/2021/06/11/fssai-issues-order-for-mandating-the-mention-of-fssai-license-registration-no-on-the-receipts-and-invoices-by-food-businesses/  

Due date for GST compliances extended 

The Central Board of Indirect Taxes and Customs vide notification no. 24/2021 dated 01.06.2021 has extended due date of compliances which fall during the period from “April 15, 2021 to June 29, 2021  has been extended till 30.06.2021.  

https://www.scconline.com/blog/post/2021/06/12/due-date-for-gst-compliances-extended/  

Gujarat Goods and Services Tax (Fourth Amendment) Rules, 2021 

On June 02, 2021, the Finance Department of Gujarat has issued the Gujarat Goods and Services Tax (Fourth Amendment) Rules, 2021 to amend the Gujarat Goods and Services Tax Rules, 2017. 

Refer to the SCC Online Blog for detailed list of Amendments.  

https://www.scconline.com/blog/post/2021/06/12/gujarat-goods-and-services-tax-fourth-amendment-rules-2021/  

 SC releases draft model rules for Live streaming and recording of proceedings 

The e-committee of the Supreme Court released the Draft Model Rules for Live-Streaming and Recording of Court Proceedings on June 7, 2021. A sub-committee consisting of judges of the Bombay, Delhi, Madras and Karnataka High Courts was constituted to frame model live streaming Rules. These model rules are aimed to provide a balanced regulatory framework for live streaming and recording of court proceedings to bring greater transparency, inclusivity, and access to justice. 

https://www.scconline.com/blog/post/2021/06/10/sc-releases-draft-model-rules-for-live-streaming-and-recording-of-proceedings/  

Late fee waiver under Maharashtra Value Added Tax 

The Government of Maharashtra has amended the Maharashtra Value Added Tax Act, 2002 vide notification dated 03.06.2021. The amendment allows the dealers who are liable to file return under Rule 17(c ) (4B) and Rule 18(1A) of the Act and who have not filed return for the period of March 2021, April 2021 and May 2021; such return shall be filed on or before 30th June, 2021. The late fee charges are subsequently waived. The tax payable, as per the return, shall also be paid by 30th June 2021. 

https://www.scconline.com/blog/post/2021/06/09/late-fee-waiver-under-maharashtra-value-added-tax/  


New Release by Eastern Book Company

Simply, Legal! Torts by Shweta Vishwanathan 

In this simple and very easy to understand book on Torts, the author Shweta Vishwanathan has used illustrations to make it entertaining. All the topics under Tort Law such as Vicarious Liability, Nuisance, Negligence, Defamation, etc. have been taught in a fun and conversational manner to bring back the fun of studying the basic laws of India. In this book, the principles of Tort Law are linked with everyday examples to bring home a realization that law is all around you and not some isolated, complicated thing standing by itself. This book is useful not just for novices who are not initiated into law but also for lawyers and judges who want to brush up their fundamentals over a period of time. 

https://www.ebcwebstore.com/product_info.php?products_id=99097536  

Civil  Procedure  Code  by C.K. Takwani , 9th Edition  

Civil  Procedure  Code  by C.K. Takwani provides an interesting and lucid study of the fundamental principles of civil procedure in a logical sequence. The topic-wise treatment of the subject along with references to academic writings and the judicial decisions makes the study of civil procedure  more  meaningful  and  comprehensible.  This book explains complex legal concepts with clarity and coherence as well as covers   all aspects and dimensions of law relating to Civil Procedure and Limitation in India.  

The current edition covers  all legislative developments including a new chapter on Commercial Courts Act, 2015 as well as the Rulings on the subject by the Supreme Court as well as the High Courts up to (2020) 16 SCC. 

https://www.ebcwebstore.com/product_info.php?products_id=740  

R.V. Kelkar’s Criminal Procedure by Revised by K.N Chandrasekharan Pillai 

This classic work provides an interesting study of the fundamental principles of criminal procedure in a logical sequence. The author has incorporated all recent developments in the field of criminal procedure since the publication of the last edition in 2014. 

The author has also drawn attention to some ticklish aspects of the Code with a view to foster new thinking in the light of new developments so that criminal procedure law may grow in tune with the times. 

https://www.ebcwebstore.com/product_info.php?products_id=783  

Lectures on Administrative Law by C.K. Takwani, 7th Edition  

Lectures on Administrative Law by Justice C.K. Thakker (Takwani) is the most sought after work on this subject among law students and members of the Bar. 

The Seventh Edition has taken note of development on the subject in India and also in foreign countries. Case law up to January 2021 has been included along with addition of certain new topics. Further, a new feature of Suggested Readings is included which is a compilation of articles by legal luminaries to widen the scope of discussion.  

This book will be immensely useful to students of LL B and LL M, administrators, judges, advocates, researchers and those interested in acquiring knowledge of this subject. 

https://www.ebcwebstore.com/product_info.php?products_id=934 

P. Sarathi’s Law of Evidence by K. A. Pandey

A classic work,  V. P. Sarathi’s Law of Evidence clarifies and explains the complicated rules governing the law of evidence in a straightforward and easily comprehensible style. 

The revising author has updated the current edition of the book with the latest case law and statutory changes which have taken place since the last edition. 

With the enormous growth of Information Technology, electronic records have replaced paper-based transactions and consequently the use of digital and electronic signatures to authenticate these records. This edition exhaustively deals with this topic including the pronouncement of the Supreme Court in Anvar P.V. v. P.K. Basheer, (2014) 10 SCC 473.  

https://www.ebcwebstore.com/product_info.php?products_id=909  


New Feature | SCC Online Web Edition

Before bidding adieu, let me also tell you that SCC Online has designed a very user-oriented feature for saving your time on legal research. Now you can refer to any provision of any statute, or study any Article of the Constitution discussed in the judgments and digest notes by a single click or a single tap through this amazing feature from SCC Online. Our team is committed to cater to all your legal research needs with a single interface.

NewsWeekly Rewind

We are back with the 5th Episode of SCC Online Weekly Rewind featuring Devika Sharma, Senior Editorial Assistant bringing you the most important and interesting stories from the field of law. Go check out the link below!


  

Supreme Court 

♦ President appoints Justice NV Ramana as the next Chief Justice of India  

After the final stamp of approval from the President, Justice Ramana is set to take oath as the 48th Chief Justice of India on April 24, 2021. Justice Ramana who is due to retire on August 26, 2022, will serve as the CJI for 16 months.   

https://www.scconline.com/blog/post/2021/04/06/president-appoints-justice-nv-ramana-as-the-next-chief-justice-of-india/   

 Rohingya Refugees not to be deported without following prescribed procedure  

 In a significant ruling relating to the rights of the Rohingya Refugees, the Supreme Court has directed that no refugee will be deported unless the procedure prescribed for such deportation is followed.   

The order came in the interim application filed in the Rohingya matter seeking  

(a) the release of the detained Rohingya refugees; and  

(b) a direction to the Union of India not to deport the Rohingya refugees who have been detained in the sub¬jail in Jammu.  

The Court, however, refused to grant the interim relief and said that,    

“Right not to be deported, is ancillary or concomitant to the right to reside or settle in any part of the territory of India.”  

https://www.scconline.com/blog/post/2021/04/08/rohingya-refugees-not-to-be-deported-unless-the-procedure-prescribed-for-such-deportation-is-followed-supreme-court/   

 No automatic vacation of stay under Section 254(2A) Proviso 3 of the Income Tax Act, 1961 if the assessee is not responsible for the delay  

 Dealing with an important question as to the constitutional validity of the third proviso to Section 254(2A) of the Income Tax Act, 1961, the Supreme Court has held that any order of stay shall stand vacated after the expiry of the period or periods mentioned in the Section only if the delay in disposing of the appeal is attributable to the assessee 

Upholding the 2015 Delhi High Court verdict, the Court said,    

Unequals have been treated equally so far as assessees who are responsible for delaying appellate proceedings and those who are not so responsible, resulting in a violation of Article 14 of the Constitution of India.”  

https://www.scconline.com/blog/post/2021/04/09/cant-treat-unequals-equally-no-automatic-vacation-of-stay-under-section-2542a-proviso-3-of-the-income-tax-act-1961-if-the-assessee-is-not-responsible-for-the-delay-supreme-court/   


High Courts 

Delhi High Court

♦ Vehicle even if occupied by only one person would constitute a ‘public place’ and wearing of mask therein would be compulsory 

Did you know that wearing face masks even while travelling alone in your car is compulsory? Well, Delhi High Court in a recent decision held that a vehicle even if occupied by only one person would constitute a ‘public place’ and wearing of a mask therein, would be compulsory. The decision came when petitioners challenged imposition of fine for non-wearing of masks while travelling alone in a private car. 

https://www.scconline.com/blog/post/2021/04/08/covid-19/ 

Madras High Court

♦ Political parties should restrain from making serious allegations or criticism against constitutional functionaries 

Madras High Court while addressing a criminal petition held that “Political parties should restrain from making serious allegations against constitutional functionaries. 

https://www.scconline.com/blog/post/2021/04/05/defamation-3/ 

  

♦ PCOS v. Impotency? Divorce on ground of no cohabitation. Is it a legitimate expectation of husband? HC explains while discussing concept of marriage and S. 12(1)(a), HMA 

While addressing a significant issue with respect to divorce being sought on ground of PCOS in wife, Madras High Court observed that PCOS cannot be termed as impotency and further remarked that  concept of marriage in the present generation has been taken very lightly and even for trivial issues, divorce is filed, and marriage is broken. https://www.scconline.com/blog/post/2021/04/05/divorce-3/ 

Bombay High Court

♦ Anil Deshmukh ‘prima facie’ committed cognizable offence, but No immediate FIR by CBI. Credibility of State machinery at stake: HC directs CBI to conclude preliminary investigation preferably within 15 days 

 In a significant development, Bombay High Court directed CBI to conduct a preliminary enquiry into the complaints against the Home Minister of the State of Maharashtra, Anil Deshmukh. The said order came after Former Commissioner of Mumbai Police Param Bir Singh moved the High Court seeking investigation into the allegation of illegal money collection ordered by the Home Minister. 

https://www.scconline.com/blog/post/2021/04/06/anil-deshmukh/ 


Tribunals 

Reliance ménage in trouble; Irregular shareholding, default in trading regulations 

SEBI imposed penalty of Rs 25 cores on Mukesh Ambani, Anil Ambani, Nita Ambani and Tina Ambani along with others for violation of the provisions of Regulation 11(1) of Takeover Regulations due to some irregularities. 

https://www.scconline.com/blog/post/2021/04/08/reliance/ 

  


Foreign Courts 

  SCOTUS decides in favour of Google in a copyright dispute between Google and Oracle. 

In a major decision in the copyright space, in a dispute between Google and Oracle; the Supreme Court of the United States, held that Google’s copying of Oracle’s Java SE API code, which included only those lines of code that were needed to allow programmers to put their accrued talents to work in a new and transformative program, was a fair use of that material as a matter of law. 

 https://bit.ly/3wKNOb1


Legislation Updates  

♦ Insolvency and Bankruptcy Code (Amendment) Ordinance, 2021: https://bit.ly/3wKnH3P  and Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021: https://bit.ly/3uHfDiM

On April 04, 2021, the President promulgated the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2021 and Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021.  

♦ Central Motor Vehicles (Sixth Amendment) Rules, 2021 

Ministry of Road Transport and Highways has notified Central Motor Vehicles (Sixth Amendment) Rules, 2021, effective from April 1, 2021. The Rules amend the Central Motor Vehicles Rules, 1989:https://bit.ly/3dVfFMT

Key changes by the amendment  

  1. Minimum training required for driving E-rickshaw or E-cart  
  2. Conditions to be satisfied for learner’s license  
  3. Form of learner‘s licence  
  4. Permanently surrendering a class or classes of vehicles from the driving licence  
  5. Issuance of duplicate driving licence  

 ♦ Gujarat Assembly Passes Freedom of Religion Amendment Bill, 2021 

The Freedom of Religion Amendment Bill, 2021 has been passed by Gujarat Assembly which will modify Gujarat Freedom of Religion Act, 2003. The Bill provides that:  

Any marriage which is done for the purpose of unlawful conversion by the person of one religion with the person of another religion, either by converting himself/herself before or after marriage shall be declared void by the Family Court or where the Family Court is not established by the Court having jurisdiction to try such cases.   https://bit.ly/39WwVQX


 Fact Check 

Does Section 354D say that you can go to jail for staring at a woman for 14 seconds? 

Recently an instagram reel went viral which stated that a person could go to jail for staring at a woman for 14 seconds. The reel gave section 354D of the Indian Penal Code, 1860 as the source of this information. Our fact-check team found out that this is not true. Section 354D defines stalking but does not mention any 14 seconds anywhere in the definition. The origin of the ‘14 seconds rule’ can be traced back to Kerala Excise Officer Rishi Raj Singh’s statement in an event in Kochi back in 2016. If a woman feels that she is being harassed she can file a complaint with the police, however, there is no criteria of ‘staring for 14 seconds’ mentioned anywhere in the law books.  


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