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.
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
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
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.
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.
Good coverage.