Today Legal Updates

Monday, 17th October 2022

Legal Awareness :- CONSTITUTION OF INDIA

Part – Vl THE STATES

CHAPTER- II  THE EXECUTIVE

The Advocate-General for the State

Article – 166 Conduct of Business of the Government of a State.

  1. All executive action of the Government of a State shall be expressed to be taken in
    the name of the Governor.
  2. Orders and other instruments made and executed in the name of the Governor shall be authenticated in such manner as may be specified in rules to be made by the Governor, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Governor.
  3. The Governor shall make rules for the more convenient transaction of the business of the Government of the State, and for the allocation among Ministers of the said business in so far as it is not business with respect to which the Governor is by or under this Constitution required to act in his discretion.

Today’s Legal Updates :-

  1. On Monday the premature release of eleven convicts in the Bilkis Bano gang-rape case was opposed by the Central Bureau of Investigation (CBI) and the special court in Mumbai which had conducted the trial, the Gujarat government’s affidavit before the Supreme Court revealed.
  2. On Monday the Gujarat government has told the Supreme Court that it decided to release all the eleven convicts in Bilkis Bano gang rape case as per a 1992 remission policy since they completed more than 14 years in prison and their behaviour was found to be good.
    • In its affidavit, the Gujarat government also assailed the locus of the petitioners stating that they are third parties to the case and a stranger cannot question a remission order passed by a competent authority.
    • Pertinently, the Union Home Ministry approved the release of all the convicts, the Gujarat government’s affidavit revealed.
  3. On Monday the Bombay High Court observed in its order refusing bail to Jyoti Jagtap, one of the accused in the Bhima Koregaon violence case the Elgar Parishad event of December 2017 was a smaller conspiracy within the larger agenda of the banned Communist Party of India (Maoist).
  4. On Mnday the Madras High Court held that non-executive directors of a pharma company cannot escape liability when the company is found to have engaged in manufacturing and supplying substandard drugs. (Vikas Rambal vs The Drugs Inspector)
    • the High Court said, The offences and the offenders in the case of this nature is manufacturing and distribution of sub-standard drugs by a company which is managed by its board of directors. The decision to manufacture the drugs is the collective decision of the board of directors. Therefore, the directors cannot claim that they are not directly involved in the product of the drugs, when the decision to produce the drugs itself is the out come of their decision. Therefore, the case of directors signing the cheque on behalf the company and the case of directors participating in the decision to produce sub-standard drugs are not one and the same to hold that these petitioners are not involved in day-to-day affairs of the Company.
    • the Court said, This Court, on considering the facts of the case in the light of the judgments discussed above holds that the contention of the petitioners is wholly unsustainable. If the said preposition is accepted it will go against the object and reasons of the legislations namely Drugs and Cosmetics Act.
    • the Court said, This Court, on considering the facts of the case in the light of the judgments discussed above holds that the contention of the petitioners is wholly unsustainable. If the said preposition is accepted it will go against the object and reasons of the legislations namely Drugs and Cosmetics Act.
  5. On Monday the Central government notified the appointment of Justice DY Chandrachud as the 50th Chief Justice of India (CJI).
  6. On Monday the Delhi High Court will pronounce its verdict tomorrow in bail plea filed former JNU student Umar Khalid in the case connected to Delhi Riots conspiracy.
  7. On Monday the Gujarat High Court ordered local and State authorities to personally appear before it on Tuesday to explain the steps taken to deal with the stray cattle menace in major cities and towns.
    • Chief Justice Kumar remarked, All these committees will go. Let us be very clear. We want concrete and positive steps for this menace. It cannot go on like this. We will appoint an independent agency to catch all stray cattle and we will pass orders for the same. Else bring in some concrete steps.
    • the Chief Justice said, Please take instructions on this aspect. We want to know if you are going to use taxpayers’ money for this aid or if you would make the owners (of cattle) pay the monies. There should be some clarity on this.
    • the Bench said, Therefore, we want the DGP, Commissioner of AMC, Secretaries of Home Affairs and UDD to remain present in this court on Tuesday afternoon. They would have to personally explain what they propose to do on this issue of cattle menace.
    • Chief Justice Kumar had asked the government counsel, Have you ever gone for a walk around Ahmedabad? Have you seen the situation (due to stray cattle)? What have you done on this issue?
  8. On Monday the Supreme Court issued notice to its administrative side in a plea filed by former RSS ideologue KN Govindacharya to safeguard the copyright over live-streamed court proceedings, especially on YouTube.
  9. On Monday Delhi minister and Aam Aadmi Party leader Satyendar Jain, withdrew his petition before the Supreme Court challenging a transfer of his bail plea in a money laundering case from the judge who was hearing the matter, to another judge. (Satyendar Kumar Jain vs ED)
  10. On Monday the Kerala High Court directed the officers of the Motor Vehicles Department and the State Police to take action against vehicles operated by the Kerala State Road Transport Corporation (KSRTC) and the Kerala Urban Road Transport Corporation (KURTC), that exhibit advertisements causing undue distraction to pededstrians and other drivers.
    • the order stated, Action shall also be taken for exhibiting advertisements, figures, etc. causing distraction to the drivers of other vehicles and also cyclists and pedestrians on public road, flouting the statutory provisions referred to hereinbefore and also the directions contained in the judgment of this Court in Saji KM.
    • the Court also directed the Transport Commissioner and the Ministry of Road Transport and Highways to take necessary steps to ensure that videos promoting the use of motor vehicles that flout safety standards are not being uploaded to YouTube and other online platforms.
    • the Court has been pulling up the enforcement officers under the Transport Commissioner and the State police for not taking earnest efforts to ensure strict enforcement of the provisions under the Motor Vehicles Act and Rules even after all its previous orders.
    • the Court reiterated that contract carriages or other transport vehicles, which are used in public places flouting the safety standards and also the standards prescribed in relation to control of noise, shall be dealt with appropriately by initiating prosecution. Such vehicles are to be produced before the jurisdictional Magistrate court along with color photographs and videos of the bus body, passenger compartment, driver cabin, and luggage compartment and further proceedings regarding custody of that vehicle shall be taken based on the orders of that court.
    • the Court directed the Deputy Solicitor General of India to inform it as to the norms and conditions for the import of vehicles through Carnet.
  11. On Monday Twitter argued before the Karnataka High Court that the Central government was not empowered to issue general orders calling for the blocking of social media accounts.
    • on Twitter side Senior Advocate Arvind Datar contended, There can’t be a general blocking order unless the nature of the content is in violation of grounds under 69A. Unless these six grounds are there, you cannot make a blocking order.
    • In any civilised country…if content in abhorrent…it is taken down.
    • A direction in the orders saying I will not communicate this to the user is completely contrary to law.
    • Senior Advocate Ashok Haranahalli also appearing for Twitter argued, Question of confidentiality does not arise between authority and intermediary.
    • Blocking of an account is an extreme measure…if someone is a repeat offender…but not in every case you go on blocking accounts. The doctrine of proportionality will also apply.
    • The Union has extensively referred to the pleadings in the case where I am the petitioner…Twitter’s position before the two courts is diametrically opposite.
  12. On Monday the Supreme Court rejected the plea filed by Kerala government challenging an October 2020 judgment of the Kerala High Court by which Adani Enterprises was allowed to operate, manage and develop the Thiruvananthapuram International Airport.
  13. On Monday the Rajasthan High Court to conceive a child with his wife who has a convict serving life sentence for offences under the Protection of Children from Sexual Offences Act (POCSO Act) was granted 15 days’ parole. (Rahul v State of Rajasthan)
    • In the case in hand, considering the peculiar fact that petition is filed by the young wife of the convict, who is issueless and is desirous of retaining/maintaining her marriage with the convict who is incarcerated for a long period of time; considering that petition is filed for having progeny for purpose of preservation of lineage…this Court is inclined to allow the present writ petition and release the convict-petitioner on emergent parole for fifteen days.
    • the division bench had held, The wife of the prisoner has been deprived of her right to have progeny whilst she has not committed any offence and is not under any punishment. Thus, denial to the convict-prisoner to perform conjugal relationship with his wife more particularly for the purpose of progeny would adversely affect the rights of his wife.
    • the Court ordered the release of the convict-prisoner on emergent parole for a period of fifteen days on furnishing of a personal bond of ₹2,00,000 along with two surety bonds of ₹1,00,000 each.
  14. On Monday the Allahabad High Court has granted bail to one of accused Nadeem Ansari, inciting communal tension by posting a video depicting the beheading of former Bharatiya Janata Party (BJP) spokesperson Nupur Sharma. (Nadeem Ansari v State of UP)
  15. On Monday the Supreme Court agreed to examine the question of whether a Muslim girl who has attained the age of 15 years is competent to enter into a contract of marriage with a person of her choice [NCPCR vs Gulaam Deen and ors)
  16. On Monday the Madras High Court opined that Hindu Tamils, being the primary victims of racial strife in Sri Lanka, ought to be covered by the principles of the Citizenship Amendment Act (CAA), which provides an opportunity for persecuted minorities from neighbouring nations to become Indian citizens.  (S Abirami v. Union of India and others)
  17. On Monday the Supreme Court issued notice to the Central Bureau of Investigation (CBI) and the Reserve Bank of India (RBI) on a plea by BJP leader Subramanian Swamy and advocate Satya Sabharwal seeking probe into the role of RBI officials in various banking and financial scams.  (Dr. Subramanian Swamy and anr vs Central Bureau of Investigation and anr)
  18. On Tuesday the Bombay High Court rejected the regular bail application filed by Jyoti Jagtap, one of the youngest accused in the Bhima Koregaon case of 2018.
  19. On Monday the Supreme Court dismissed an appeal filed by Bharatiya Janata Party (BJP) leader Manoj Tiwari challenging an order of the Delhi High Court refusing to quash summons issued against him by a trial court in a criminal defamation case by Delhi Deputy Chief Minister Manish Sisodia.
  20. On Friday the Madras High Court directed the Madras High Court Advocates Association (MHAA) to conduct “free and fair” elections to choose its office bearers at the earliest.  (K Sathyabal Review Applicant vs The Chairman & Members Election Committee)
  21. Justice Ali Mohammad Magrey, who took oath as the Chief Justice of the High Court of Jammu & Kashmir and Ladakh on October 14, urged the judicial officers in the two Union Territories of Jammu and Kashmir (J&K) and Ladakh to ensure maximum disposal of cases in the coming week when a Lok Adalat is scheduled to be held.

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