Today’s Legal Updates

Monday, 14th February 2022

Legal Awareness :- CONSTITUTION OF INDIA

PART III FUNDAMENTAL RIGHTS

Right to Equality

Article – 16 Equality of opportunity in matters of public employment

(1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.
(3) Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office [under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory] prior to such employment or appointment.
(4) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.
(4A) Nothing in this article shall prevent the State from making any provision for reservation 3[in matters of promotion, with consequential seniority, to any class] or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.
(4B) Nothing in this article shall prevent the State from considering any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or clause (4A) as a separate class of vacancies to be filled up in any succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty per cent. reservation on total number of vacancies of that year.
(5) Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination.

Today’s Legal Updates:-

  1. A full-bench of the Karnataka High Court will continue hearing a batch of petitions filed by female Muslim students against ban on wearing hijab by certain Karnataka colleges. The Full Bench of the High Court comprising Chief Justice Ritu Raj Awasthi and Justices Krishna S Dixit and JM Khazi heard the case on Thursday and proceeded to pass an interim order, directing students not to wear hijab, saffron shawls (bhagwa) or use any religious flags while attending classes in Karnataka colleges which have a prescribed uniform in the interim.
  2. A plea has been filed before the Karnataka High Court by the Vice President of Hindu Sena seeking intervention in the ongoing Hijab ban case which is being heard by the Court.  (Smt. Resham and Ors. v State of Karnataka and Ors.)
  3. Today in the hijab ban hearing matter, the Karnataka High Court was told that college development committees comprising Members of Legislative Assembly (MLAs) could not decide on issues of public order and fundamental rights.
  4. Today the Mumbai Bench of the National Company Law Tribunal (NCLT) temporarily restrained the Mumbai International Airport Ltd (MIAL) from removing Jet Airways’ assets from its premises, and directed it to allow the airline’s representatives, workmen and nominees, access to the airport premises.  (State Bank Of India vs Jet Airways)
  5. Today A Special Court in Maharashtra rejected the bail plea of four accused in the Bhima Koregaon case of 2018 being investigated by the National Investigation Agency (NIA).
  6. The Kerala High Court directed the State Police and Enforcement Officials to take strict action against vehicle drivers/owners who are seen flouting the guidelines of the Road Safety Policy especially by overloading their vehicles or using a government nameplate without authorisation.  (Anoop KA v KR Jyothylal & Ors.)
  7. Under Article 145(3) of the Constitution, the Supreme Court of India forms Constitution Benches to adjudicate on matters ‘involving a ­substantial question of law as to the interpretation of the Constitution’. These Benches may comprise five or more Judges, and are charged with adjudicating the most significant Supreme Court matters.
  8. Today the Supreme Court held that its earlier orders extending the limitation period in all cases owing to difficulties induced by COVID-19 will apply to filing of writing statements as well.  (Prakash Corporates v. Dee Vee Projects Ltd)
  9. Today the Delhi High Court stayed the public and hearing notices issued by the Petroleum and Natural Gas Regulatory Board (PNGRB) to the Adani Total Gas Limited regarding declaration of its city gas distribution network as a common and contract carrier.  (Adani Total Gas Limited v Petroleum and Natural Gas Limited and Anr)
  10. Today the Delhi High Court issued notice to the Delhi government in a public interest litigation seeking admission of over 44,000 children belonging to Economically Weaker Sections (EWS) into various private schools in the city under the Right to Education (RTE) Act.  (Justice for All v. Hon’ble LG of Delhi and Ors)
  11. Today A Delhi Court questioned the “rashtra nirmaan” (nation building) being done by senior public officials having millions of rupees in their lockers, while rejecting the bail plea of a National Highways Authority of India (NHAI) official in a corruption case. (CBI v. Akil Ahmed & Ors)
  12. Today the Bombay High Court quashed notice issued against Tata Sons Ltd that sought to reassess the income tax for the Financial Year 2003-04 and the order rejecting their objections raised.  (Tata Sons Limited v. Deputy Commissioner of Income & Ors.)
  13. Today the Delhi High Court directed the Delhi Metro Rail Corporation (DMRC) to submit by Thursday its balance sheet for the year 2021, along with details of its bank accounts and fixed deposits.  (Delhi Airport Metro Express Pvt Ltd v Delhi Metro Rail Corporation)
  14. Today the Kerala High Court issued a slew of directions regarding sentencing by lower courts, while setting aside the conviction in a murder case.  (Devarajan v State of Kerala)
  15. Today the Supreme Court issued notice in a petition challenging the Gujarat High Court’s order staying Section 5 of the Gujarat Freedom of Religion Act, which mandated permission of District Magistrates for religious conversion for marriage.  (State of Gujarat v. Jamiat Ulama E-Hind Gujarat & Ors)
  16. Today the Bombay High Court was informed of the dire situation faced by lawyers, specifically notary officers, whose businesses suffered during the COVID-19 pandemic.  (Regency Coal and Energy Pvt Ltd v. RWE Supply and Trading (India) Pvt Ltd)
  17. The atmosphere of terror delayed witnesses coming forward, a Delhi Court observed while framing rioting and other charges against three men for setting a mosque ablaze during the Delhi Riots of February 2020. (State v. Deepak & Ors)
  18. Today the Supreme Court reiterated that an insurance company cannot repudiate a claim merely on the ground of delay in intimation of theft of an insured vehicle.  (Jaina Construction Company v. Oriental Insurance Company Limited and Another)
  19. Today the Delhi High Court issued notice to National Highways Authority of India (NHAI) on an application seeking stay on the construction of Dwarka Expressway.  (Rao CGHS Ltd (New Millenium CGHS) and Ors v National Highways Authority of India and Ors)
  20. Today the Supreme Court made some strong observations against a private medical college accused of falsifying records to reflect inflated patient intake.  (National Medical Commission v. Chudaman Patil Memorial Medical College)
  21. Today the Supreme Court refused to stay the ongoing probe by the Central Bureau of Investigation into the Thanjavur student suicide case.  (Director General of Police, Tamil Nadu v. Muruganantham)
  22. Today the Karnataka High Court struck down provisions of the Karnataka Police (Amendment) Act, 2021, which prohibit and criminalise betting on and playing games of skill, including online games.  (All India Gaming Federation v. State of Karnataka)
  23. Today the Delhi High Court refused to quash an order suspending the Foreign Contribution Regulation Act (FCRA) registration of the Commonwealth Human Rights Initiative (CHRI).  (Commonwealth Human Rights Initiative v. Union of India)
  24. Today the Supreme Court appointed Advocate-on-Record Devashish Bharuka as Amicus Curiae in a public interest litigation petition seeking formulation of a uniform Builder Buyer Agreement (BBA).  (Ashwini Kumar Upadhyay v. Union of India)
  25. Today the Kerala High Court lifted the stay on the land survey proceedings of the Kerala government and K-Rail (Kerala Rail Development Corporation Limited) for the Silverline Project.  (Muralikrishnan v State of Kerala)

Legal Prudent Fraternity