SCC Online Weekly Rewind Episode 36 ft. Nilufer Bhateja, Associate Editor is out now. The written episode along with the video episode can be watched and read below.
Supreme Court
Land Acquisition| 2-year limitation period as per Section 11A of 1894 Act for passing award in proceedings initiated under the repealed Act, impractical
In an important ruling on Land Acquisition and Requisition law, the Supreme Court has held that applying the 2-year limitation period as per Section 11A of 1894 Act for passing award in pending cases under Section 24(1)(a) of the 2013 Act is impractical
Noticing that practical absurdities and anomalies may arise if the two-year period under the 1984 Act is applied, the Court said that this would mitigate against the underlying legislative intent behind prescription of time for making of an award in respect of saved acquisition proceedings initiated under the repealed 1894 Act.
It was, hence, held that Section 25 of the 2013 Act would apply to the awards made and published under Section 24(1)(a) of the 2013 Act.
Read more.
Rampant increase in heinous crimes not a ground to shift burden of proof on accused
In a case where the Trial Court and Punjab and Haryana High Court had shifted the burden of proof on the accused merely for the reason that there has been a rise in the incidents of dacoity, a 3-judge bench of the Supreme Court has held that the Trial Court and the High Court have erroneously drawn adverse inference against the accused, in spite of the Prosecution having lamentably failed to adequately dispense with its burden of proof to depict culpability of the accused.
Applying the principle that “it is better that ten guilty persons escape, than that one innocent suffer”, the Court said that,
“It may not be wise or prudent to convict a person only because there is rampant increase in heinous crimes.”
Read more
Bail can’t be granted by merely “keeping in view the facts and circumstances of the case”
In a case where Rajasthan High Court had granted bail by merely “keeping in view the facts and circumstances of the case”, the Supreme Court has held that such orders cannot pass muster.
The Matter pertained to the alleged murder of a person belonging to a Scheduled Caste. The offence is alleged to be committed by the deceased’s brother-in-law on June 8, 2018. The High Court had only recorded the submission of counsel for the first respondent and did not make any mention of factors relevant for the grant of bail.
In such circumstances, the Court held that
“The duty to record reasons cannot be obviated by recording submissions, followed by an omnibus “in the facts and circumstances” formula.”
And that the Courts must indicate brief reasons basis for granting bail.
Read more
High Court Updates
“No other person whether a passenger or owner of the vehicle was supposed to share seat of the driver”; Kerala HC exonerates insurer, Bajaj Allianz from liability to pay compensation
In a case of motor vehicle accident, The Kerala High Court exonerated the insurance company, Bajaj Allianz from liability to pay compensation. The Court made important observation that
“In a three wheeler goods carriage, the driver could not have allowed anybody else to share his seat. No other person whether as a passenger or as a owner of the vehicle is supposed to share the seat of the driver.”
Read more
Del HC on Private individuals subjected to assault by Policemen: Law does not permit people to be beaten-up in police custody or during interrogation
While addressing a very unfortunate incident of police assault, Delhi HC, expressed that
Let no one have to repeat the tragic last words like George Perry Floyd, Jr.: “I can‘t breathe”.
The Court further elaborated that, Punishment for an assault or a criminal act is to be determined by a court of law. The police cannot be a judge in its own cause. The law does not permit people to be beaten-up in police custody or during interrogation.
Read more
Whether service provided by doctors in lieu of fees is beyond purview of Consumer Protection Act 2019? Bom HC answers
Holding that mere repeal of the Consumer Protection Act, 1986 by the 2019 Act, without anything more, would not result in the exclusion of ‘health care’ services rendered by doctors to patients from the definition of service, the Bombay HC, expressed that matter before it was,
“…a thoroughly misconceived Public Interest Litigation”
Court expressed that,
mere repeal of the 1986 Act by the 2019 Act, without anything more, would not result in exclusion of ‘health care’ services rendered by doctors to patients from the definition of the term “service”
Read more
Turban an essential religious symbol: Photographing an elderly person in injured condition without turban and circulating it on social media: Is it an offence? P&H HC decides
Noting the incident of prima facie hurting of religious feelings, P&H HC dismissed the anticipatory bail of a person who video graphed a man without turban aged 65 years old who was beaten up repeatedly and his video was circulated on social media.
Court expressed that, The turban is an essential religious symbol and photographing of an elderly person in an injured condition without the turban and uploading it for public viewing on a social platform would prima facie amount to hurting the religious feelings.
Read more
Legislation updates
UP Government adds “Married Daughter” in the dependents’ list for government jobs
UP Government has passed a proposal that married daughter of a government official dying during his service will now be entitled to government jobs on compassionate grounds in Uttar Pradesh. The decision of the Personnel Department was approved by State Cabinet on November 10, 2021.
Read more
Aadhaar (Authentication and Offline Verification) Regulations, 2021
The Unique Identification Authority of India has notified the Aadhaar (Authentication and Offline Verification) Regulations, 2021.
- Under the regulations, UIDAI provides two types of authentication facilities, i.e. yes/no authentication facility and e-KYC authentication facility and other types of offline verification facility have been introduced such as QR Code Verification, Aadhaar Paperless offline e-KYC verification, e-Aadhaar verification, offline paper based verification and any other type of offline verification introduced by the UIDAI from time to time. The other mode of verifications such as OTP and biometric based authentication will also continue along with offline options.
- The regulations prescribe a choice to the Aadhaar holder to share the Aadhaar paperless offline e-KYC with the authorised agency for the Aadhaar e-KYC verification process. The authorised agency will match the Aadhaar number and demographic information obtained by the Aadhaar holder with the demographic information in the central database.
Read more
Food Safety and Standards (Import) First Amendment Regulations, 2021
The Food Safety and Standards Authority of India has notified the Food Safety and Standards (Import) First Amendment Regulations, 2021 vide notification dated November 3, 2021. The regulations amend the Food Safety and Standards (Import) Regulations, 2017 to insert the chapter with respect to registration and inspection of Foreign Food manufacturing facilities.
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Food Safety and Standards (Food Products Standards and Food Additives) Fourth Amendment Regulations, 2021
The Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011 has been amended to provide that in case of formulated supplements for children, a variation of minus 10.0 per cent from the declared value of the nutrients or nutritional ingredients on the label shall be allowed and the nutrient levels shall not exceed maximum limits as specified in the composition tables.
Read more
SEBI: Circular on write-off of debt securities held by FPIs
SEBI has earlier permitted FPIs who wish to surrender their registration to write-off all shares in their beneficiary account which they are unable to sell for any reason.
On November 08, 2021, SEBI has issued a circular to permit the FPIs to also write- off all debt securities in their beneficiary account which they are unable to sell for any reason. This shall be applicable only to such FPIs who wish to surrender their registration.
Read more
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