Today Legal Updates

Monday, 10th October 2022

Legal Awareness :- CONSTITUTION OF INDIA

Part – Vl THE STATES

CHAPTER- II  THE EXECUTIVE

The Governor

Article – 159 Oath or affirmation by the Governor.

Every Governor and every person discharging the functions of the Governor shall, before entering
upon his office, make and subscribe in the presence of the Chief Justice of the High Court exercising jurisdiction in relation to the State, or, in his absence, the senior most Judge of that Court available, an oath or affirmation in the following form, that is to say—
“I, A. B., do swear in the name of God that I will faithfully execute the solemnly affirm office of Governor (or discharge the functions of the Governor) of …(name of the State) and will to the best of my ability preserve, protectand defend the Constitution and the law and that I will devote myself to the service and well-being of the people of ..……(name of the State).”

Today’s Legal Updates :-

  1. On Monday the Bombay Bar Association (BBA) passed a resolution requesting the concerned authorities to take action against Rashid Khan Pathan who had written to the President of India Draupadi Murmu and Chief Justice of India UU Lalit raising allegations against Supreme Court judge Justice DY Chandrachud.
  2. On Monday the Gujarat High Court took note of the menace of stray cattle across the State, especially in Ahmedabad, and ordered the State Animal Husbandry Department to file an affidavit listing the steps taken so far to address the issue.
  3. On Monday the Delhi Metro Rail Corporation told the Delhi High Court that if it raises loans to pay the arbitration award to Anil Ambani owned Delhi Airport Metro Express Private Limited (DAMEPL) it would fall into a debt trap which will affect millions of commuters.
    • the AG argued, Anything that is done in regards to activity and operation of DMRC will have serious effects. Millions will be told that they can’t use the metro if adverse orders are passed… Equity partners are applying their minds to the issue. From my point of view as Attorney General, I will take this matter as far as possible to ensure that decree is taken care of… Both governments will come up with a way.
    • Senior Advocate Jaideep Gupta said, Every time they come up with one reason or the other. First, they said they are awaiting loans from banks. Several months were taken and then they said sovereign guarantee will be arranged and now they are saying they are talking with stakeholders. Time has been given from March till now and nothing has progressed.
    • DAMEPL has said that despite the directions of the High Court, DMRC has only made a payment of ₹166.44 crore. It claimed that it is yet to get the payment of the remaining ₹4427.41 crore.
  4. On Monday Stating that the institution of marriage is sacrosanct to Hindus, the Uttarakhand High Court imposed costs of ₹1 lakh on a man for fraudulently obtaining a divorce decree. (Mahendra Prasad Dwivedi v. Lajji Devi)
  5. On Monday the Supreme Court sought the response and assistance of the Attorney General for India (AG) R Venkataramani on a public interest litigation (PIL) petition to make Law Commission of India a statutory body and to fill up its vacancies.  (Ashwini Kumar Upadhyay vs Union of India and ors)
  6. On Monday the Delhi High Court closed all proceedings against Aam Aadmi Party (AAP) minister Satyendar Jain under the Benami Transaction (Prohibition) Act.
  7. on Saturday the Sikkim High Court refused to quash a magistrate’s order taking cognizance of the offence of criminal defamation and issuing summons to Malayalam publication Mathrubhumi. (The Mathrubhumi Printing and Publishing Company Limited v. Santiago Martin)
  8. On Monday Former Maharashtra Chief Minister Uddhav Thackeray has approached the Delhi High Court seeking a stay on the order passed by the Election Commission of India (ECI) freezing the ‘Shiv Sena‘ party name and the bow and arrow symbol.  (Uddhav Thackeray v Election Commission of India and Anr)
  9. On Monday the Supreme Court issued notice to the Kerala government on a plea moved by the Enforcement Directorate (ED) to transfer the trial in the 2020 gold smuggling case in which Swapna Suresh is a prime accused, from Kerala to Karnataka.  (Directorate of Enforcement v Sarith PS & Ors)
  10. On Monday Mohammed Ameerul Islam, the convict sentenced to death by a Kerala court for the rape and murder of a Dalit law student in 2016, moved the Supreme Court requesting that he be transferred from Kerala to Assam and lodged in a jail in Assam.
  11. On Monday the Madras High Court sought the Tamil Nadu government’s response in a Public Interest Litigation (PIL) seeking a dedicated Anti-Terrorism Squad (ATS) in the State to tackle “rising instances of Islamic fundamentalism” and “infiltration of radical elements from Sri Lanka.”  (B Jagannath vs The Chief Secretary, government of Tamil Nadu)
  12. On Monday the Kerala High Court ordered that no further summons be issued by the Enforcement Directorate (ED) to former State Finance Minister Dr. Thomas Isaac and two officials of the Kerala Infrastructure Investment Fund Board, for two months.  (Kerala Infrastructure Investment Fund Board v Director, Directorate of Enforcement] [Dr. TM Thomas Isaac v The Deputy Director)
    • the Court said, Although the enquiry by the ED is not liable to be interdicted, there is no justification for petitioners to be repeatedly summoned by the officers of the ED.
  13. On Monday the Supreme Court said Hate speeches are sullying the atmosphere in the country and need to be stopped.
  14. On Monday the  Supreme Court dismissed pleas filed by private complainants challenging the Karnataka High Court order that abolished the Anti-Corruption Bureau (ACB) established by the State government in 2016.  (Kankaraju v. The State of Karnataka and Ors)
  15. On Monday the Supreme Court of India refused to entertain a plea seeking directions to the Central government to declare cow as the national animal. (Govansh Sewa Sadan & Anr v UOI)
  16. With uncertainty surrounding the fate of recent deliberations of the Supreme Court Collegium, the judges’ body issued a joint statement revealing that Justices DY Chandrachud and S Abdul Nazeer had objected to the procedure adopted by Chief Justice of India (CJI) UU Lalit to finalise potential candidates for elevation as apex court judges through the circulation of a letter.
  17. On Monday the Enforcement Directorate (ED) moved the Supreme Court in appeal against a Bombay High Court order granting bail to former Maharashtra Home Minister Anil Deshmukh in a money laundering case.
  18. On Monday A Division Bench of the Madras High Court stayed a single-judge order that had invoked the principles of Karma while stopping an outstation transfer of a police officer.  (Inspector General of Police & Ors v. R Srimurugan)
  19. The Mumbai Centre for International Arbitration is organizing the India ADR Week, 2022 from October 10-14, 2022, across three Indian cities: Bangalore, Mumbai and Delhi.
    • This is the second year of the ADR Week and will be a five-day event comprising 4 sessions on each day on various themes concerning Arbitration law and practice including those on –
      • Arbitration in the era of Web 3.0 and Tokenomics 
      • How Business Financial and Technical Experts add value in commercial disputes and Arbitration
      • India poised to become 3rd largest construction dispute market- is India ready?
      • Future of arbitration: new and emerging norms
      • Emergency Arbitration – a brief history, a comparative look and how it works in India
      • Investment Arbitration: Boon or bane for developing countries?
      • International Arbitration and Mediation: Complementary Systems to Preserve Business Relationships and Effectively Resolve Disputes
      • Disputes involving long-term agreements and investments: key considerations and quantum issues
      • ODR and Mediation: a more sustainable form of dispute resolution?
      • Managing disputes with States and State parties – common challenges, lessons learnt and practical solutions
      • Confronting the Expected, Embracing the Unexpected | Resolving Disputes with PSUs
      • Investment Treaty Arbitrations – Massive Claims
      • The What, Why, How & When of maintaining records for an arbitration- the whole nine yards
      • International Arbitration for young practitioners – experiences from across Civil and Common Law
      • Perception of an expert’s role in India and the UK
      • ESG and Arbitration
      • Abuse of Process in International Investment Arbitration
      • Show me the Money: Navigating Investors through uncertainty and disputes
      • Where could Indian parties choose to arbitrate – a comparison between Switzerland, India, Dubai and Singapore
      • Emergency Arbitration
  20. On Monday Delhi minister and Aam Aadmi Party leader Satyendar Jain has moved the Supreme Court challenging a transfer of his bail plea in a money laundering case from the judge who was hearing the matter, to another judge.
  21. On Monday the Punjab & Haryana High Court observed that child rape cases are worst form of lust for sex, where even children of tender age are not spared in the pursuit of sexual pleasure, While upholding the conviction of a man for raping and murdering a 9-year-old girl. (Manoj Kumar v. State of Haryana)
  22. On Monday the Madras High Court allowed a retired Air Force pilot and his wife to cancel the settlement deed entered into with their son, after noting the “heartless” treatment meted out by the son to his parents.  (Mr. N Nagarajan vs Mr. Shekhar Raj)

Legal Prudent Fraternity