Today’s Legal Updates

Friday, 15th April 2022

Legal Awareness :- CONSTITUTION OF INDIA

Part – XII FINANCE, PROPERTY, CONTRACTS AND SUITS

CHAPTER – I FINANCE

Miscellaneous Financial Provisions

Article – 290A Annual payment to certain Devaswom Funds

A sum of forty-six lakhs and fifty thousand rupees shall be charged on, and paid out of, the Consolidated Fund of the State of Kerala every year to the Travancore Devaswom Fund; and a sum of thirteen lakhs and fifty thousand rupees shall be charged on, and paid out of, the Consolidated Fund of the State of [Tamil Nadu] every year to the Devaswom Fund established in that State for the maintenance of Hindu temples and shrines in the territories transferred to that State on the 1st day of November, 1956, from the State of Travancore-Cochin.

Today’s Legal Updates :-

  1. On Friday A Public Interest Litigation (PIL) has been filed before the Delhi High Court seeking action against persons pasting printouts of the word ‘Judge’ on their vehicles. The PIL filed by advocate Sanser Pal Singh has contended that he has seen many vehicles which are using these printouts as well as ‘Judge’ parking stickers on their vehicles even though they do not belong to the judicial services.
  2. On Friday J. Sagar Associates (JSA) Partner Vishrov Mukerjee is leaving the firm to join Trilegal.
  3. On Friday the Madhya Pradesh High Court while hearing a bail matter a district judge to be more cautious in his approach so as to save the judiciary from allegations of casteism. (Indrajeet Patel v The State)
    • Let warning be issued to the concerned Judge Shri Prashant Shukla, First Additional Session Judge, Maihar, District Satna and copy of this order and warning be placed in his service book to be more cautious and judicious in his approach in future so that image of the judiciary can be saved and such allegations of casteism and bias are not allowed to be levied so to tarnish collective image of judiciary.
    • the High Court thus ordered, Considering the fact that case of the present applicant is on better footing than Ajay @ Guddu Mishra from whom, a stolen property was recovered, the bail is extended to the present applicant.
  4. On Tuesday the Bombay High Court refused to grant anticipatory bail to a man charged for offence of rape under Section 376 of the Indian Penal Code (IPC) for sexual intercourse with his wife who is a minor.  (Trimbak Arun Borude vs The State of Maharashtra & Ors.)
    • the Court held, The major inconsistency between POCSO Act and IPC was also considered by the apex court and therefore, the said Exception to Section 375 of the IPC was rather modified and instead of age 15 it was replaced by the word “18”. It will have to be said that since the law has been laid down by the Apex Court under Article 32 of the Constitution of India, it is the law and it will have to be interpreted in the same way which has been put in Independent Thought vs. Union of India. The present applicant, therefore, cannot take up such defence that since he was married to the informant and she had not resisted or whatever sexual intercourse between them was with consent or voluntary.
    • the Court said, Child marriages are hazardous to the fabric of this Country. Child marriages will have to be stopped and no person can be allowed to take advantage of any such situation. At the time of settlement of marriage, definitely, certain inquiries are required to be made and it is not restricted to the behaviour of the girl or the financial condition of her parents but also other things are required to be considered, especially, the age.
    • Sexual intercourse with girl below 18 years of age is rape regardless of whether she is married or not. Exception creates unnecessary and artificial distinction between married girl child and unmarried girl child and has no rational nexus with any unclear objective sought to be achieved.
    • We can understand that the informant – respondent No.2 has given birth to a child and now her relations with the applicant are jeopardized because of the filing of the FIR.
    • the Court observed, the applicant is saying that his relations with the informant are good and he is still considering her as his wife. The question would be then, what prompted the informant to lodge the report.
    • the Court explained rejecting the anticipatory bail application, When the offence alleged against the applicant also involves the social problem, this Court is not inclined to use the extraordinary discretionary relief under Section 438 of the Code of Criminal Procedure in favour of the applicant.
  5. On Friday Shardul Amarchand Mangaldas Partner Anuj Berry has resigned from the firm and will be joining Trilegal.
  6. The National Investigation Agency (NIA) has recorded statement of former Jawaharlal Nehru University (JNU) student and member of Unite against Hate organisation Umar Khalid in connection with the Bhima Koregaon case of 2018 allegedly linked to the Elgar Parishad event of December 31, 2017.
  7. On Tuesday the Bar Council of India (BCI) told the Supreme Court in an affidavit filed that it was constituting a high-powered committee to check the validity of compulsory chamber placement for young law graduates with seniors. (Bar Council of India v. Twinkle Rahul Mangaonkar)
    • The BCI was required to file an affidavit to clarify the following points:
      • Provision for those working in jobs after graduation to later enter practice after taking the All India Bar Examination (AIBE).
      • Better accountability from law colleges in terms of growth and adequate faculty.
      • Ways to make the AIBE more meaningful so that it can test the skill and knowledge of a practitioner of law in a better manner.
      • Evolving a fair system for placement of juniors in chambers.
    • On placements of junior lawyers
      • The Council stated that it would write to State Bar Councils asking them to ensure chamber placement of young law graduates.
      • The BCI also informed the Court of its plans to set up an online objective test with more emphasis on major laws which would be undertaken by fresh graduates.
      • On the basis of the results of these tests, meritorious young law graduates who have freshly obtained enrolment shall get placement under senior advocates or advocates having 25 years of standing at the Bar.
      • while informing the Court that it was constituting a high powered committee, the BCI said that on reaching a conclusion on how to implement the issue, each such advocate would be requested to engage at least five juniors in their chambers.
    • On the All India Bar Examination (AIBE)
      • Making the AIBE a pre-enrolment exam was in conflict with the judgment of the Supreme Court in V. Sudeer v. Bar Council Of India, said the BCI.
      • It further said that improvements are being made to make the test of entry into the profession a trial of quality of the advocates and to act as a stricter filter of such advocates entering the profession.
      • the Appellant for the AIBE 16 held in 2021 directed that only the bare acts without comments be used by the candidates appearing, and the appellant for all intents and purposes seeks to enforce tougher testing upon the incoming Advocates.
    • On those employed taking the Bar exam
      • The BCI submitted that as of now, the AIBE was a post-enrolment exam and an advocate was not allowed to engage in any profession or job as per the Bar Council of India Rules or the Advocates’ Act.
      • It was the BCI’s submission that this also ensured that persons in jobs do not get the benefit of the Advocates’ Welfare Fund nor were they a part of the voter list.
      • Despite these submissions, the BCI said it had constituted a high-level committee comprising many senior advocates and some former Judges to look into these issues and submit a report.
    • On Legal Education
      • The BCI said that a “more monitored process” was required to ensure that law colleges did not simply rest on recognition obtained once and continued to maintain parameters set forth by the BCI.
      • At present, state governments and government universities grant affiliation casually, without any verification of the information provided by the institutions.
      • the BCI told the apex court, Earmarked around 500 law institutes throughout the country who are sub-standard/below standard and a team led by some former judges/Senior Advocates noted academicians and plans to conduct surprise visits of such institutions.
  8. On Friday the Chief Justice (CJ) of Telangana High Court, Justice Satish Chandra Sharma noted the Bar’s concerns that Senior Advocates are being ill-treated by junior judges.
    • CJ Sharma said, It is a common grievance of the bar that Senior Advocates are being ill treated at the hands of junior judges and some judicial officers are not punctual. This needs immediate correction.
    • he added, I am sure the govt will extend full cooperation to create modern infrastructure in State judiciary.
  9. Last Week the Bombay High Court imposed costs of ₹25,000 on a litigant and directed the same to be deposited with the prison at Kalamba in Kolhapur to purchase books for the its library.  (Sushama Arun Patil vs State of Maharashtra & Ors.)
    • These are not a lot. Libraries are important for jail inmates. Not just fiction books, but spiritual books also. 2800 books is nothing. Even a secondary school will have more books, Justice Shukre had said upon being informed by the state that the library contained 2850 books even though the prison housed 3000 inmates.
  10. On Friday S&A Law Offices (formerly Singh & Associates) has announced the elevation of Anurag Abhishek to the position of Partner.
  11. Today the Supreme Court observed that hawkers cannot claim right to keep their goods and wares overnight at the place where they are hawking.  (Madan Lal v. New Delhi Municipal Council and Another)
    • the Court observed, Any hawker can be permitted to hawk in the market only as per the hawking policy and not de hors the same. The petitioner, being a hawker, has no right to insist that he may be permitted to keep his goods and wares at the place where he is hawking overnight.
    • The whole concept of hawking is that the hawker comes to the allotted/demarcated area during the hours of hawking with his or her goods and wares; undertakes the activity of hawking and leaves the area along with his or her goods and wares at the end of the hawking period. In fact, in respect of mobile hawkers even this much is not permitted.
  12. The work pressure and burden on judges in India while a subject matter of discussion amongst legal fraternity. On Friday Chief Justice of India (CJI) NV Ramana did not shy away from broaching this subject when he reminded judicial officers that their mental and physical health are important and judges should take time out from their busy schedule to look after themselves and their families.
    • Take care of your physical and mental health. Take care of your family and spend time with your spouse and children. You must take out time everyday to ensure that you remain fit.
    • I am aware of the financial hardships and only when you are free from financial worry that you will do your best. Let me assure you that I am taking up the issue regarding this with the Pay Commission and we will soon get good news on this front.
    • Perform your judicial duties without fear. I am aware about increasing on physical attacks on judges and I am trying my best to improve the same. Directions were issued to improve security of judges, both inside and outside courtroom.
    • The litigants will be under a lot of stress and one should try to make them feel at ease. Always remember the human aspects of the dispute. Law cannot be far from equity. It is important to project the human face of judiciary whenever you have scope for invoking your discretion. You must sensitise yourself to the vulnerabilities of parties, minor children etc.
  13. On Friday Chief Justice of India (CJI) NV Ramana emphasised the importance of filling up judicial vacancies on priority basis so as to ensure that the faith of people in court system does not erode.
    • It is an admitted fact that pendency has increased and reasons are hundred. It is a feeling that once you go to court, how many years it will take to get result is a big question mark. Wherever you go, the first question is ‘how many days it takes to decide a case?’ Thereafter, due to the hierarchy of appeal system in the country, it takes more time.
    • We must appoint as many judges as possible and I do not wish to keep even one vacancy neither in High Court nor in Supreme Court or district judiciary.
    • Our judiciary is overburdened and I don’t want to bother all of you by giving the figures.
  14. The Delhi High Court has held that one or occasional acts of adultery committed in isolation does not amount to “living in adultery” and, therefore, does not disentitle a woman from maintenance after divorce.  (Sh Pradeep Kumar Sharma v Smt Deepika Sharma)
    • Court said, The codified law and judgments of various High Courts settle the position with respect to bar of adultery for grant of maintenance in favour of the wife. The law mandates that in order to extract the provision under Section 125(4) of the Cr.P.C. the husband has to establish with definite evidence that the wife has been living in adultery, and one or occasion acts of adultery committed in isolation would not amount to ‘living in adultery.
    • The law of maintenance of the country, including Section 125 of the Cr.P.C. are welfare laws that exist to ensure that the wife, children and parents of an able and capable man are not left to become destitute in cases when they themselves are not capable of maintaining themselves. However, the recent practice has become to abuse the process of law and escape the liability that is imposed upon the husband on contentions that hold no ground.

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