Today’s Legal Updates

Wednesday, 13th April 2022

Legal Awareness :- CONSTITUTION OF INDIA

Part – XII FINANCE, PROPERTY, CONTRACTS AND SUITS

CHAPTER – I FINANCE

Miscellaneous Financial Provisions

Article – 289 Exemption of property and income of a State from Union taxation  

(1) The property and income of a State shall be exempt from Union taxation.
(2) Nothing in clause (1) shall prevent the Union from imposing, or authorising the imposition of, any tax to such extent, if any, as Parliament may by law provide in respect of a trade or business of any kind carried on by, or on behalf of, the Government of a State, or any operations connected therewith, or any property used or occupied for the purposes of such trade or business, or any income accruing or arising in connection therewith.
(3) Nothing in clause (2) shall apply to any trade or business, or to any class of trade or business, which
Parliament may by law declare to be incidental to the ordinary functions of Government.

Today’s Legal Updates :-

  1. On Wednesday the Writer Rajneesh Jaiswal (plaintiff) has filed a copyright infringement suit before the Bombay High Court against producers of the movie ‘Jersey’ and Bollywood actor Shahid Kapoor.  (Rajneesh Jaiswal v. Dil Raju & Ors.)
  2. On Wednesday the Supreme Court held that an application under Section 12 of the Protection of Women from Domestic Violence Act of 2005 (Act) need not be filed within a period of one year of the alleged acts of domestic violence.  (Kamatchi vs Lakshmi Narayanan)
    • the Court said, In our considered view, the High Court was in error in observing that the application under Section 12 of the Act ought to have been filed within a period of one year of the alleged acts of domestic violence.
    • The provisions of the Act contemplate filing of an application under Section 12 to initiate the proceedings before the concerned Magistrate. After hearing both sides and after taking into account the material on record, the Magistrate may pass an appropriate order under Section 12 of the Act. It is only the breach of such order which constitutes an offence as is clear from Section 31 of the Act. Thus, if there be any offence committed in terms of the provisions of the Act, the limitation prescribed under Section 468 of the Code will apply from the date of commission of such offence.
  3. On Wednesday the Delhi High Court quashed criminal proceedings against two women accused by the Central Bureau of Investigation (CBI) of bank fraud, taking note of a time when mushrooming private limited companies appointed homemakers, domestic helps and other individuals as directors. (Kabita Ghosh & Anr v. CBI)
  4. On Wednesday the Bombay High Court awarded ₹2.5 crore as compensation to the family of a motor vehicle accident victim who passed away in 2016.  (Namrata Anil Yadav & Ors. vs Bhupendra Manohar Bhoir & Ors.)
  5. On Wednesday the Supreme Court ordered immediate release of a person who was incarcerated in jail for more than 17 years after the Juvenile Justice Board confirmed that he was a minor at the time of the offence.
  6. On Wednesday the Calcutta High Court saw protests by the All India Trinamool Congress (TMC) legal wing.
    • Lawyers from the party sought to bar advocates from entering the courtroom of Justice Abhijit Gangopadhyay in light of his recent order directing a probe by the Central Bureau of Agency (CBI) into the (School Service Commission) SSC corruption case.
  7. On Wednesday the Madras High Court sentenced advocate RD Santhana Krishnan to two weeks imprisonment after he was seen in a compromising position with a woman during court proceedings being held via video conference in December 2021.  (High Court of Madras v RD Santhana Krishnan)
  8. On Wednesday the Bombay High Court pulled up a litigant for filing successive affidavits in an ongoing case in what the court termed as an attempt to delay the proceedings.  (Pravara Renewable Energy Ltd. v. Padmashri Dr. Vitthalrao Vikhe Patil Sahakari Sakhar Karkhana Ltd)
  9. On Wednesday the Bombay High Court refused stay the release of the film ‘Jersey’ while hearing a copyright infringement suit against its producers and Bollywood actor Shahid Kapoor.  (Rajneesh Jaiswal v. Dil Raju & Ors)
  10. On Wednesday the Delhi High Court dismissed an appeal challenging the single-judge order which had refused to set aside the minimum age criterion of six years for admission to Class I of Kendriya Vidyalayas (KVs).
    • KVs have already received seven lakh applications for admission to Class I and these applicants are between six to seven years of age. Therefore, if five-year-old children are now permitted to join, it would lead to a huge imbalance in the class, making situation almost unworkable.
    • Not only will the syllabus have to be re-worked, even otherwise, admission of 5-year-old children with children who could be almost 7 years old, would be a highly undesirable situation. The balance of the convenience also, therefore, tilts more in the favour of the respondents than that of the petitioners.
  11. On Wednesday the Delhi High Court said that it would examine the allegations that a woman lawyer working at a “major law firm” was facing sexual harassment and intimidation.
  12. On Wednesday the Kerala High Court issued an interim order directing state-owned Oil Marketing Companies (OMCs) to sell High Speed Diesel (HSD) to the Kerala State Road Transport Corporation (KSRTC) at the same rate charged at retail outlets.  (Kerala State Road Transport Corporation v Union of India & Ors.)
  13. On Wednesday the Bombay High Court granted interim relief to Bharatiya Janata Party (BJP) leader Kirit Somaiya in connection with a case of misappropriation of funds registered by the Mumbai Police.  (Kirit Somaiya v. State of Maharashtra)
  14. On Wednesday the Supreme Court asked the Uttarakhand government to file a status report in connection with the alleged hate speech targeting the Muslim community delivered at the Haridwar Dharam Sansad last year. (Qurban Ali and Another v. Union of India and Others)
  15. On Wednesday the Delhi High Court directed the Central and State governments to file a report disclosing the cause of fire that recently broke out at the Ghazipur landfill site as well as the steps taken to ensure that similar incident does not occur in future.
  16. On Tuesday the Kerala High Court directed the State government to set up well-equipped forensic science/ chemical laboratories in the State to ensure that accurate forensic reports are provided to the Court within three weeks from samples being furnished.  (Aneeshkutty v State of Kerala)
  17. On Wednesday a Chennai resident has moved the Supreme Court seeking quashing of the case registered against him in Karnataka for allegedly threatening the judges of the Karnataka High Court who had delivered the Hijab verdict.  (Rahamathulla v. State of Tamil Nadu and ors)
  18. Last Week the Tripura High Court ruled that touching the hands of a minor without any intention to molest will not attract charges of sexual assault under Section 8 of the Protection of Children from Sexual Offences (POCSO) Act.
  19. On Wednesday the Supreme Court issued notice in a Public Interest Litigation Petition (PIL) filed by the wife of Major Kanwaljit Singh, a prisoner of war (PoW) detained by Pakistan since 1971, seeking effective mechanism for enforcement and protection of PoWs right to life. (Mrs Jasbir Kaur v Union of India)
  20. On Wednesday the Karkardooma Courts, Delhi has ordered the framing of rioting and other charges against six men for allegedly vandalising and setting ablaze two establishments during the Delhi Riots of February 2020. (State v. Sumit & Ors)
  21. On Tuesday the Calcutta High Court transferred the investigation into the gangrape and death of a minor girl aged about 14 years belonging to the Scheduled Caste to the Central Bureau of Investigation (CBI). (Shaista Afreen and Others v State of West Bengal)
  22. On Wednesday the Supreme Court said it would list a plea by Maharashtra Cabinet minister Nawab Malik seeking release from judicial custody in the money laundering case involving underworld don Dawood Ibrahim which is being investigated by the Enforcement Directorate (ED).
  23. On Wednesday the Bombay High Court rejected the plea for permanent bail filed by Telugu poet Varavara Rao who is an accused in the 2018 Bhima Koregaon violence.
  24. On Wednesday the Delhi High Court has granted bail to eight men who were arrested by the Delhi Police for their alleged involvement in vandalisation of Delhi Chief Minister Arvind Kejriwal’s house.

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