Today’s Legal Updates

Monday, 15th May 2023

Legal Awareness: – CONSTITUTION OF INDIA

Part – VlII THE UNION TERRITORIES

Article – 240 Power of President to make regulations for certain Union territories.

  1. The President may make regulations for the peace, progress and good government of the Union territory of—
    (a) the Andaman and Nicobar Islands.
    (b) Lakshadweep.
    (c) Dadra and Nagar Haveli.
    (d) Daman and Diu.
    (e) Puducherry.
    • Provided that when anybody is created under article 239A to function as a Legislature for the Union territory of Puducherry, the President shall not make any regulation for the peace, progress and good government. of that Union territory with effect from the date appointed for the first meeting of the Legislature:
    • Provided further that whenever the body functioning as a Legislature for the Union territory of Puducherry is dissolved, or the functioning of that body as such Legislature remains suspended on account of any action taken under any such law as is referred to in clause (1) of article 239A, the President may, during the period of such dissolution or suspension, make regulations for the peace, progress and good government of that Union territory.
  2. Any regulation so made may repeal or amend any Act made by Parliament or any other law] which is for the time being applicable to the Union territory and, when promulgated by the President, shall have the same force and effect as an Act of Parliament which applies to that territory.

Today’s Legal Updates: 

  1. On Monday the State has informed the Supreme Court that the film makers have falsely stated that the state has imposed a shadow ban on the movie. In fact, the poor response to the movie has led to its ouster from movie theatres, in a petition filed by the makers of The Kerala Story against the shadow ban in Tamil Nadu.
    • the reply, these false statements have been made deliberately to seek the undue indulgence of this court under Article 32 petition.
    • The state has submitted that However, the theatre owners had voluntarily stopped screening the film on May 7th onwards due to poor performance of actors/ poor response to the movie or lack of well-known actors in the movie.
    • Tamil Nadu police filed the reply. Over 965 police personnel including 25 DSPs were posted for the protection of the 21 movie theatres which had screened the film.
  2. On Monday the Karnataka High Court held that the game of Rummy, whether played with stakes or without stakes is not gambling.
    • Justice SR Krishna Kumar held that Rummy, whether played online or physically, is substantially and preponderantly a game of skill and not of chance.
    • the court held, Rummy whether played with stakes or without stakes is not gambling; There is no difference between offline/physical Rummy and Online/Electronic/Digital Rummy and both are substantially and preponderantly games of skill and not of chance.
  3. On Monday in the Bombay High Court a petition has been filed before challenging a notification amending the Surrogacy (Regulation) Rules, 2022 which effectively bars couples from availing surrogacy unless both of them have the ability to generate gametes.
    • The petition challenged a notification issued by the Central government on March 14, 2023 amending Clause 1(d) mentioned in Form 2 under Rule 7 of the Surrogacy (Regulation) Rules, 2022.
    • the petition stated, It is matter of general knowledge that the couples approach doctors and experts when they fail to conceive naturally. In advanced age, the gametes of women would not be usable, the quality of eggs would not be as desired, and the baby, would not be that healthy.
    • the plea, That in absence of any logical or legal reasoning by introducing any provision to that effect in the Surrogacy Act or Rules, the impugned amendment is ultra vires to the Articles 14, 19 and 21 of the Constitution of India.
  4. On Thursday the Central government cleared the appointment of judicial officer Dharmesh Sharma as an additional judge of the Delhi High Court.
  5. On Monday Supreme Court judge Justice MR Shah advised young lawyers not to become mentioning or adjournment lawyers.
    • he said, My advise to the young lawyers is not to become mention or adjournment lawyers. Do not waste time in bar rooms or canteens. Know thy judges. Do the hard work and sheer hard work. I am (an) example of hard work and labour. Life is an echo. What you give you will get. Whatever is happening to you, it is God’s planning.
    • he said, It feels like I entered Supreme Court only a few days back. Before the flight took off, time has come. Before I could settle on the seat, time to land has come. Parting is always painful. I will part the company of all my brother and sister judges.
    • t the end of his address,  जो कल थे वो आज नहीं हैं जो आज हैं वो कल नहीं होंगे. होने न होने का क्रम इसी तरह चलता रहेगा. हम हैं हम रहेंगे, ये भ्रम भी सदा पलता रहेगा (Those who were yesterday are not today, those who are today will not be tomorrow. The sequence of happening or not happening will continue like this. We are, we will remain, this illusion will also continue to flourish)
    • The Chief Justice of India (CJI) DY Chandrachud was also present at the event to pay tribute to the retiring judge. He praised Justice Shah for his contributions to the judiciary.
  6. The FICCI, in collaboration with S.S. Rana & Co, organized a Workshop on Women Safety at Workplace on May 11, 2023 at FICCI, New Delhi.
    • Some focal points where the Workshop touched upon were awareness about sexual harassment at workplace, understanding of the POSH Act, behaviours that are actionable under the POSH Act, compliances and penalties and mock trials.
  7. On Monday the Delhi High Court reserved its orders on a plea seeking directions to police to ask the complainant if they are willing to undergo narco analysis, polygraph and brain mapping tests to prove that the complaint made is genuine.
    • the public interest litigation (PIL) petition by BJP leader Ashwini Upadhyay, the court remarked that prayers sought would involve changes to the Code of Criminal Procedure (CrPC) and such directions cannot be passed by the court.
    • Chief Justice Satish Chandra Sharma said, Mazak thodi hai. CrPC hai sahab (It is not a joke. It is CrPC, sir).
    • Chief Justice said, We will not go beyond CrPC. Please show where the CrPC says that police officer should ask this question (to complainant)… We have told you earlier as well, we are not lawmakers.
    • the plea, It will also secure right to life, liberty and dignity of thousands of innocent citizens who are under tremendous physical mental trauma and financial stress due to fake cases,It will also secure right to life, liberty and dignity of thousands of innocent citizens who are under tremendous physical mental trauma and financial stress due to fake cases.
  8. On Monday the Andhra Pradesh government moved the Supreme Court challenging an order of the National Green Tribunal (NGT) which set aside the Environmental Clearance (EC) granted to Avulapalli Reservoir.
    • The challenge was mentioned before a bench of Chief Justice of India (CJI) DY Chandrachud and Justices PS Narasimha and JB Pardiwala by Senior Advocate Mukul Rohatgi.
    • Rohtagi said, This is an extraordinary case milord. We are challenging it.
    • Rohatgi said, This reservoir is for ₹3000 crores and our EC has been cancelled. Monsoon is coming. Appeal filed yesterday.
    • the CJI agreed, We will list it day after tomorrow since it is a public project.
    • the Tribunal had said, It is extremely disturbing to note that a Government Department, in gross violation of the environmental laws, can go to the extent to implement an Irrigation Project by resorting to falsehood, misrepresentation and cheating the SEIAA.
  9. On Monday the Securities and Exchange Board of India (SEBI) told the Supreme Court through an affidavit on Monday that it has not been probing any companies of the Adani Group since 2016, as was earlier contended.  (Vishal Tiwari v. Union of India and ors)
    • The affidavit filed before a Bench of Chief Justice of India (CJI) DY Chandrachud and Justices PS Narasimha and JB Pardiwala states that allegations that SEBI has been investigating Adani Group companies since 2016 is factually baseless.
    • the affidavit, The application for extension of time filed by SEBI is meant to ensure carriage of justice keeping in mind the interest of investors and the securities market since any incorrect or premature conclusion of the case arrived at without full facts material on record would not serve the ends of justice and hence would be legally untenable.
  10. On Monday the Delhi High Court ordered an Assistant Controller General of Patents (ACGP), Ashlesh Maurya to undergo a course on writing judicial orders noting that the order passed by him is a total mockery of the functions vested in the quasi-judicial authority.
    • Justice C Hari Shankar passed the order after noting that the order passed by Maurya amounted to a total mockery of the functions vested in the quasi-judicial authority.
    • the Court cautioned, To the knowledge of this Bench, this is the fourth case where such an order has come up before this Court. If the passing of such orders persists, the Court may be constrained to take more drastic steps, which might in the end result impact the officer who passes the order personally.
    • Though such cutting and pasting is itself disquieting, the Court would not have taken serious note thereof, had the ACGP condescended to supplement the cut and pasted paragraphs with his own reasoning, displaying some minimal application of mind. Sadly, that is lacking.
    • If inventors, who seek to invent patents, are going to suffer such treatment, it would ultimately disincentivise persons from exercising their inventive faculties and coming with new and innovative technologies which would ultimately be deleterious to the national interest as well.
    • Justice C Hari Shankar had observed, This Court is, frankly, aghast at the manner in which the impugned order has been passed.
  11. On Monday the Supreme Court had stayed the promotion of the Gujarat judge who had convicted Congress leader Rahul Gandhi in a defamation case lodged against him.
    • The purported stay on the transfer of Surat Judicial Magistrate Harish Hasmukhbhai Varma, who held Gandhi guilty of criminal defamation in March and sentenced him to two years of simple imprisonment, was part of the broader order passed by the apex court on 12th May.
    • Justice Shah said, That order has nothing to do with one person. The issue was about merit-cum-seniority or seniority-cum-merit. The reports on social media say that the bench stayed all the 68 promotions, but those persons have not read the order. Promotions of only persons falling outside the merit list (and who were promoted based on seniority) have been stayed.
    • I have read that the gentleman (Surat court judge in Rahul Gandhi case) is not getting the promotion. That is also not true. He is also getting the promotion on merit. He is first among the 68 in terms of merit.
  12. On Monday the Allahabad High Court held that scientific investigation to ascertain whether the object found during the survey of the Gyanvapi Mosque premises is a Shiva linga or a fountain, can be done without damaging the object.  (Laxmi Devi v State of UP)
    • A Bench of Justice Arvind Kumar Mishra-I came to the above conclusion after scrutinizing the report submitted by the Archaeological Survey of India (ASI) before the Court.
    • the High Court said, Court has no hesitation in observing that the report forwarded by the Superintending Archaeologist, ASI Sarnath Circle, Sarnath, Varanasi, would make it feasible and convenient that scientific investigation can be made to the extent and purport without causing harm to the site / Shivlingam in issue. That way, the natural premise that would follow, would proceed on theme that the actual site of the Shivlingam would remain preserved and protected.
    • The Bench set aside the Varanasi court order, If the trial Judge had any apprehension of damage being caused to the site in case scientific investigation of the site is directed in that event it was obligatory on his part to have sought expert opinion of the persons well versed in carrying out such type of enterprises like the present one. The learned trial Judge, without collecting specific data / material from the able agency jumped upon the conclusion that scientific investigation of the site / Shivlingam if directed to be done will in all probability result in destruction of the site / Shivlingam itself.
    • the Court ordered, The entire exercise shall be done under direction and supervision of the trial court and all consequential necessary directions shall be passed / issued in that regard by it.
  13. On Monday Ernakulam Consumer Court Kerala ordered the Cochin International Airport Limited (CIAL) to pay compensation of ₹16,000 to a passenger who got drenched in the rain because the step ladder to board the flight did not have any cover to protect passengers from the rain.  (TGN Kumar v The Managing Director, Cochin International Airport Limited (CIAL))
    • The District Consumer Redressal Commission, Ernakulam, presided over by President DB Binu and members V Ramachandran and Sreevidhia TN took note of the fact that even though CIAL could have provided CCTV footage to disprove the allegation that they had not provided any rain cover, they had not done so.
    • the final order said, Hence the 1st Opposite Party is liable to pay compensation to the complainant regarding the issue of not providing a step ladder without a canopy while boarding the aircraft constitutes a deficiency in service. The opposite party shall pay the complainant Rs. 8000 as compensation for the physical discomfort, mental agony etc. caused to the complainant due to the acts/omission on the part of the 1st Opposite Party.
    • the order, It is generally seen that even huge profit-making entities are indifferent in their attitude towards customers in the protection of their rights. We cannot be mute spectators when consumers approach commissions like these for the redressal of their grievances which cannot be raised elsewhere.
    • the order said, The fact whether there was rain and whether the passengers were provided with a rain canopy on the step ladder could be found out from the CCTV footage and is not disproved by the 1st Opposite Parts… The 1st opposite party bringing in possession of all relevant weather data and CCTV visuals of the airport had failed to provide such information to disprove the claim of the complainant regarding the rain and the non-provision of a step ladder without rain canopy for boarding the aircraft.
  14. On Monday the Supreme Court upheld a Bombay High Court order that had dismissed a public interest litigation (PIL) filed against Vice-President of India Jagdeep Dhankhar and Union Law Minister Kiren Rijiju for their alleged remarks against the judiciary.  (Bombay Lawyers Association v. Jagdeep Dhankhar and Anr)
    • A Bench of Justices Sanjay Kishan Kaul and Ahsanuddin Amanullah passed the following order:
      • We believe that the view of the High Court is correct. Whether any authority has made any inappropriate statement, observations already made that the Supreme Court is broad enough to deal with it.
    • Justice Kaul remarked to counsel for the appellants, What is this? Why have you come here now? Just to complete the circle?
  15. On Monday Justice MR Shah, who retires from the Supreme Court broke down while sitting as part of the ceremonial bench on Monday in the court of Chief Justice of India (CJI).
    • Justice Shah expressed his gratitude to his brother judges including CJI DY Chandrachud, and the entire institution for their support during his tenure. He emphasized that he always performed his duties without fear or favour and apologized for any unintentional hurt he may have caused.
    • he said, People say I treated juniors and seniors alike, but i think I encouraged juniors more and I wanted them not to be adjournment or mentioning counsel and rather be an arguing counsel.
    • Kal khel me hum ho na ho…Gardish me taare rahenge sada. (Whether I’m there or not in the game tomorrow, there will be stars in the sky forever)

Adv. Shiv Kumar (Delhi High Court and Subordinate Court Delhi)

contact no: – 9608762166, Mail:- shiv@legalprudent.in

Adv. Aishwarya Dorwekar (Bombay High Court)

Contact: – Live Advocate

Adv. Rajeev Nayan (Patna High Court)

Contact no: –Legal Prudent Fraternity 9905991782

Contact: – Live Advocate

Adv. Vishal Yadav (Lucknow bench of Allahabad High Court)

contact no: – 7678886089

Legal Prudent Fraternity