Today’s Legal Updates

Wednesday, 16th February 2022

Legal Awareness :- CONSTITUTION OF INDIA

PART III FUNDAMENTAL RIGHTS

Right to Equality

Article – 18 Abolition of titles

  1. No title, not being a military or academic distinction, shall be conferred by the State.
  2. No citizen of India shall accept any title from any foreign State.
  3. No person who is not a citizen of India shall, while he holds any office of profit or trust under the State, accept without the consent of the President any title from any foreign State.
  4. No person holding any office of profit or trust under the State shall, without the consent of the President, accept any present, emolument, or office of any kind from or under any foreign State.

Today’s Legal Updates:-

  1. A full-bench of the Karnataka High Court will continue hearing a batch of petitions filed by female Muslim students against ban on wearing hijab by certain Karnataka colleges.
    • Will mookuthi, a diminutive ornament that adorns the noses of Indian women, be a deciding factor in the hijab ban matter – one of the most riveting courtroom battles in the recent past?
    • Senior Counsel Devadatt Kamat, arguing on behalf of Muslim student petitioners, relied heavily on the 2007 judgment of the Constitutional Court of South Africa in MEC for Education: Kwazulu-Natal v. Navaneethum Pillay.
    • This case came about after Sunali Pillay, a Hindu girl of Tamil origin, started wearing a mookuthi or nose stud to the Durban Girls’ High School. The School objected to the same, saying it violated its code of conduct.
    • Sunali’s mother explained that it was part of their culture to pierce a young woman’s nose. As per custom, the stud is inserted when the girl reaches physical maturity, as an indication that she had become eligible for marriage. 
    • The School, however, did not allow the same and Sunali took the matter to the Equality Court, which ruled against her. Sunali then appealed to the Pietermaritzburg High Court, which ruled in her favour.
    • The High Court highlighted the vulnerable and marginalised status of Hindus and Indians in South Africa’s past and present, the demeaning effect of denying Sunali’s religion – and hence her identity – as well as the systemic nature of the discrimination. The Court held further that the desire to maintain discipline in the School was not an acceptable reason for the prohibition, as there was no evidence that wearing the nose stud had a disruptive effect on the smooth running of the School.
  2. Today the Karnataka High Court in the hijab ban hearing was asked why only Muslim girl students were being targeted for not following the uniform prescribed by the State’ colleges.
  3. The Supreme Court held that condition of payment of 50% of the amount awarded in case an appeal is being preferred against a National Consumer Redressal Commission (NCDRC) order before the top court will not be applicable to the complaints filed prior to the commencement of the Consumer Protection Act 2019. (ECGC Ltd vs Mokul Shriram EPC JV)
  4. All the benches of the National Consumer Disputes Redressal Commission (NCDRC) will hear cases through physical mode alone from February 21, 2022 in view of the decline in COVID-19 cases.
  5. The Gujarat High Court issued notice to the State government on a public interest litigation (PIL) petition seeking direction to the Government of Gujarat to consider banning of loudspeakers in mosques.  (Dharmendra Vishnubhai P Rajapati v. State of Gujarat)
  6. Senior Advocate Arvind Datar is the latest Indian lawyer to get called to chambers in the United Kingdom, having joined Fountain Court as a door tenant. he is expert in the fields of Constitutional Law, Taxation Laws and Arbitration, Datar was designated a Senior Advocate of the Madras High Court in 2000. After graduating from Madras Law College, he enrolled at the Bar in 1980.
  7. Argus Partners Mumbai Partner Gaurav Singhi has left the firm to join Tata Sons as Assistant Vice President (Legal). Gaurav is a 2006 graduate of West Bengal National University of Juridical Sciences, Kolkata (WBNUJS). he specializes in Mergers & Acquisitions, Private Equity and Venture Capital Investments.
  8. Today the Delhi High Court rejected the plea by Ansal Brothers, Gopal and Sushil Ansal, seeking suspension of their seven-year sentence for evidence tampering in connection with the 1997 Uphaar Cinema fire tragedy.  (Sushil Ansal vs. State of NCT of Delhi)
  9. Today the Delhi High Court issued notice to the Directorate of Enforcement (ED) in a bail application filed by Yes Bank founder Rana Kapoor in a money laundering case.
  10. Today the Chief Justice of India NV Ramana to sarcastically remark the large number cases coming to the Supreme Court from Karnataka prompted that a special bench would need to be constituted for matters from the State.
  11. Today the Supreme Court expressed its displeasure at what it considered as “knee-jerk” appointments by the Central government to fill up vacancies in tribunals across the country.
  12. Yesterday a  Gujarat cop who was spotted drinking Coca Cola during court hearing, drew of the ire of the Gujarat High Court Bench headed by Chief Justice (CJ) Aravind Kumar asking the police man to distribute 100 cans of the aerated drink to the Bar.
  13. At a time when everything is opening up after the latest wave of COVID-19, why can’t students come to college, the Delhi High Court asked as it refused to quash the decision of Delhi University (DU) to conduct all examinations from May physically.  (Mohit Gandhi and Ors v. University of Delhi and Anr)
  14. Today in the Karkardooma Court Delhi Senior Advocate Rebecca John argued for United Against Hate’s Khalid Saifi, the only conspiracy taught in law is criminal conspiracy and there is no ‘conspiracy of silence’, accused in an Unlawful Activities (Prevention) Act (UAPA) case in relation to the Delhi Riots of 2020. (Khalid Saifi v. State)
  15. Today the Kerala HIgh Court held that a Magistrate cannot return a complaint merely because it was filed by the aggrieved person’s wife.  (Smitha v State of Kerala & Ors)
  16. Today the Bombay High Court allowed a petition seeking quashing of a first information report subject to the petitioners serving at an old-age home two Sundays each month, for six months.  (Amol Ramakant Ekbote & Ors. v The State of Maharashtra and Ors.)
  17. Today the Rouse Avenue Court Delhi dealing with cases of MPs and MLAs summoned Aam Aadmi Party (AAP) leaders Satyendar Jain, Atishi, Raghav Chadha, Sourabh Bharadwaj and Durgesh Pathak after finding a prime facie case of defamation against them. (Chhail Bihari Goswami v. Satyendra Jain & Ors)
  18. The Supreme Court Collegium has recommended the appointment of ten advocates as judges of the Bombay High Court.
    1. Kishore Chandrakant Sant
    2. Valmiki Menezes SA
    3. Kamal Rashmi Khata
    4. Sharmila Uttamrao Deshmukh
    5. Arun Ramnath Pednekar
    6. Sandeep Vishnupant Marne
    7. Gauri Vinod Godse
    8. Rajesh Shantaram Patil
    9. Arif Saleh Doctor
    10. Somasekhar Sundaresan
  19. The Supreme Court Collegium has recommended the appointment of six advocates as judges of the Madras High Court.
    1. Ms. Nidumolu Mala
    2. Shri Sunder Mohan
    3. Shri Kabali Kumaresh Babu
    4. Shri S. Sounthar
    5. Shri Abdul Ghani Abdul Hameed
    6. Shri R. John Sathyan
  20. The Supreme Court Collegium has recommended the appointment of Shri Justice Ahanthem Bimol Singh, Additional Judge of the Manipur High Court as Permanent Judge of that High Court.
  21. The Allahabad High Court has granted bail to man who allegedly posted objectionable pictures of Prime Minister Narendra Modi on social media platforms.  (Chhangur Yadav v. State of UP)
  22. Today the Delhi High Court held that suspending the sentence of the Ansal brothers in the evidence-tampering case related to the Uphaar Cinema Fire tragedy would amount to eroding the public’s faith in the judicial system.  (Sushil Ansal vs. State of NCT of Delhi)
  23. The Kerala High Court has decided to continue hearing cases online in view of the relatively unabated surge of Covid-19 cases in the State.
  24. Today the Dharwad Bench of the Karnataka High Court allowed Karnataka State Law University (KSLU) to conduct examinations or evaluation of students as a condition for promoting them to the next semester.  (Karnataka State Law University v. Suraj and Ors)
  25. The Principal Bench of the National Green Tribunal (NGT) at New Delhi took suo motu cognisance about the lack of a solar waste management policy in India and directed constitution of a joint committee for the formulation of such a policy.

Legal Prudent Fraternity