Today’s Legal Updates

Tuesday, 12th April 2022

Legal Awareness :- CONSTITUTION OF INDIA

Part – XII FINANCE, PROPERTY, CONTRACTS AND SUITS

CHAPTER – I FINANCE

Miscellaneous Financial Provisions

Article – 288 Exemption from taxation by States in respect of water or electricity in certain cases

(1) Save in so far as the President may by order otherwise provide, no law of a State in force immediately before the commencement of this Constitution shall impose, or authorise the imposition of, a tax in respect of any water or electricity stored, generated, consumed, distributed or sold by any authority established by any existing law or any law made by Parliament for regulating or developing any inter-State river or river-valley.
Explanation.—The expression “law of a State in force” in this clause shall include a law of a State passed or made before the commencement of this Constitution and not previously repealed, notwithstanding that it or parts of it may not be then in operation either at all or in particular areas.
(2) The Legislature of a State may by law impose, or authorise the imposition of, any such tax as is mentioned in clause (1), but no such law shall have any effect unless it has, after having been reserved for the consideration of the President, received his assent; and if any such law provides for the fixation of the rates and other incidents of such tax by means of rules or orders to be made under the law by any authority, the law shall provide for the previous consent of the President being obtained to the making of any such rule or order.

Today’s Legal Updates :-

  1. On Tuesday the High Court of Jammu & Kashmir and Ladakh observed that advocates are officers of the court and deserve the same respect and dignity as judges.  (Latief Ahmad Rather and Ors vs Shafeeqa Bhat)
  2. The list of candidates contesting for the Supreme Court Bar Association (SCBA) elections for the year 2022 has been released.
  3. On Tuesday the Bombay High Court held that a consumer forum can pass orders without its president.  (Aparna Chatterjee vs Union Ministry of Consumer Affairs)
  4. On Tuesday the Kerala High Court ruled that the right of the State government to provide reservations for backward classes is unaffected by regulations issued by the University Grants Commission (UGC).  (Dr. Abdul Haleem PP v State of Kerala & Ors.)
  5. Twitter is following a double standard policy where “Hindu sentiments” are allowed to be disrespected whereas “genocidal tyrants like Aurangzeb and Tipu Sultan” are normalised, administrators of accounts including Wokeflix which were suspended by the micro-blogging site told the Delhi High Court.
  6. On Tuesday Bharatiya Janata Party (BJP) leader Kirit Somaiya has approached the Bombay High Court seeking anticipatory bail in connection with a case of misappropriation of funds registered by the Mumbai Police.
  7. On Tuesday the suit filed by former chief executive officer (CEO) of ICICI bank, Chanda Kochhar against the bank seeking retiral benefits, was transferred by the Bombay High Court from its commercial division to regular civil division. (ICICI Bank Ltd. v. Chanda Kochhar)
  8. On Tuesday A Special CBI (Central Bureau of Investigation) Court extended the stay on the order passed by a Delhi Court which set aside the Look Out Circular (LOC) issued by the agency against former Amnesty International India chair Aakar Patel. (CBI v. Aakar Patel)
  9. On Tuesday the Karnataka High Court reiterated that a customer found in a brothel cannot be prosecuted for offences of immoral trafficking.  (Babu S v. State)
  10. On Tuesday the Delhi High court directed the National Council for Indian System of Medicine (NCISM) to come up with a detailed response disclosing the number of seats available and lying vacant for courses in Ayurveda, Unani, Siddha and Sowa-Rigpa.
  11. On Tuesday the Bombay High Court granted bail and suspended the sentence of a man in his fifties who had been charged and convicted of sexually abusing a 11-year-old boy in 2016.  (Mohd. Salim Noor Mohd. Shaikh vs. State of Maharashtra & Anr.)
  12. On Tuesday the Law Department of the Telangana Government of Telangana issued an order last month designating the International Arbitration and Mediation Centre (IAMC), Hyderabad as the arbitral / mediation institution in all contracts above 3 crores where the Ministries, Departments, Public Sector Companies and other entities controlled or managed by the Government of Telangana are a party.
  13. On Tuesday the Punjab & Haryana High Court held that not supplying a copy of a Look Out Circular (LOC) to the concerned person at the airport is violative of Article 21 of the Constitution. (Noor Paul v Union of India)
  14. On Tuesday the Bombay High Court held that for establishing an offence of abetment of suicide under Section 306 of the Indian Penal Code (IPC), there should be direct or indirect evidence to show that the accused had instigated the deceased to commit the act and a mere allegation of harassment won’t amount to abetment of suicide. (Vitthal Chaudhari vs State of Maharashtra)
  15. On Tuesday the Supreme Court asked the Film & Television Institute of India (FTII) to ensure that its curricula and admissions are open to all including the specially-abled candidates and those who are colour blind.
  16. On Tuesday the Delhi High Court refused to entertain a petition seeking a direction to the Central government to facilitate the family of a Kerala woman sentenced to death for the murder of a Yemeni national, to enter into negotiations with the deceased’s family for payment of blood money.  (Save Nimisha Priya International Action Council Through its Chairman v Union of India and Anr)
  17. On Tuesday the Supreme Court stayed the conviction of Gujarat Congress President Hardik Patel in Mehsana rioting case of 2015.  (Hardik Bharatbhai Patel v. State of Gujarat)
  18. Cyril Amarchand Mangaldas (CAM) Partner Manisha Kumar has resigned from the firm to join Flipkart as Head of M&A Legal, with effect from 2nd May 2022.
  19. On Monday the Supreme Court held that under the Indian Medicine Central Council Act, no medical college can open a new course, or postgraduate course, or course of study or training without the prior approval of the Central government.  (Central Council for Indian Medicine v. Karnataka Ayurveda Medical College)
  20. On Tuesday A special court in Mumbai convicted and sentenced a man to 10 years rigorous imprisonment for offences under the Protection of Children from Sexual Offences Act (POCSO Act) and the Indian Penal Code for gang rape of a minor girl of unsound mind.  (The State of Maharashtra vs Nilash Urade & Anr.)
  21. On Monday the Karnataka High Court stated that criminal proceedings in a case under Narcotic Drugs and Psychotropic Substances (NDPS) Act cannot be quashed on the ground that the Forensic Science Laboratory (FSL) report was not filed along with the chargesheet.  (Syed Mohammed vs. Government of Karnataka)

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