Today’s Legal Updates

Saturday, 17th February 2024

The Constitution is not a mere Lawyers Document, it is a Vehicle of Life, and its Spirit is always the Spirit of Age.

Notes: – UN predicts groundwater level in India will reduce to ‘low’ by 2025.’

Legal Awareness: – CONSTITUTION OF INDIA

Part – XIX MISCELLANEOUS

Article – 366 Definitions

In this Constitution, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say—

  1. Agricultural income” means agricultural income as defined for the purposes of the enactments relating to Indian income-tax.
  2. an Anglo-Indian” means a person whose father or any of whose other male progenitors in the male line is or was of European descent but who is domiciled within the territory of India and is or was born within such territory of parents habitually resident therein and not established there for temporary purposes only.
  3. article” means an article of this Constitution.
  4. borrow” includes the raising of money by the grant of annuities, and “loan” shall be construed accordingly.
  5. clause” means a clause of the article in which the expression occurs.
  6. Corporation tax” means any tax on income, so far as that tax is payable by companies and is a tax in the case of which the following conditions are fulfilled: —
    1. that it is not chargeable in respect of agricultural income.
    2. that no deduction in respect of the tax paid by companies is, by any enactments which may apply to the tax, authorised to be made from dividends payable by the companies to individuals.
    3. that no provision exists for taking the tax so paid into account in computing for the purposes of Indian income-tax the total income of individuals receiving such dividends, or in computing the Indian income-tax payable by, or refundable to, such individuals.
  7. Corresponding Province”, “corresponding Indian State” or “corresponding State” means in cases of doubt such Province, Indian State or State as may be determined by the President to be the corresponding Province, the corresponding Indian State or the corresponding State, as the case may be, for the particular purpose in question.
  8. debt” includes any liability in respect of any obligation to repay capital sums by way of annuities and any liability under any guarantee, and “debt charges” shall be construed accordingly.
  9. Estate duty” means a duty to be assessed on or by reference to the principal value, ascertained in accordance with such rules as may be prescribed by or under laws made by Parliament or the Legislature of a State relating to the duty, of all property passing upon death or deemed, under the provisions of the said laws, so to pass.
  10. Existing law” means any law, Ordinance, order, bye-law, rule or regulation passed or made before the commencement of this Constitution by any Legislature, authority or person having power to make such a law, Ordinance, order, bye-law, rule or regulation.
  11. Federal Court” means the Federal Court constituted under the Government of India Act, 1935.
  12. goods” includes all materials, commodities, and articles.
  13. guarantee” includes any obligation undertaken before the commencement of this Constitution to make payments in the event of the profits of an undertaking falling short of a specified amount.
  14. High Court” means any Court which is deemed for the purposes of this Constitution to be a High Court for any State and includes— (a) any Court in the territory of India constituted or reconstituted under this Constitution as a High Court, and (b) any other Court in the territory of India which may be declared by Parliament by law to be a High Court for all or any of the purposes of this Constitution.
  15. Indian State” means any territory which the Government of the Dominion of India recognised as such a State.
  16. Part” means a Part of this Constitution.
  17. pension” means a pension, whether contributory or not, of any kind whatsoever payable to or in respect of any person, and includes retired pay so payable; a gratuity so payable and any sum or sums so payable by way of the return, with or without interest thereon or any other addition thereto, of subscriptions to a provident fund.
  18. Proclamation of Emergency” means a Proclamation issued under clause (1) of article 352;
  19. Public notification” means a notification in the Gazette of India, or, as the case may be, the Official
  20. Gazette of a State.
  21. railway” does not include—
    1. a tramway wholly within a municipal area, or
    2. any other line of communication wholly situate in one State and declared by Parliament by law not to be a railway.
  22. Ruler” means the Prince, Chief or other person who, at any time before the commencement of the Constitution (Twenty-sixth Amendment) Act, 1971, was recognised by the President as the Ruler of an Indian State or any person who, at any time before such commencement, was recognised by the President as the successor of such Ruler.
  23. Schedule” means a Schedule to this Constitution.
  24. Scheduled Castes” means such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed under article 341 to be Scheduled Castes for the purposes of this Constitution.
  25. Scheduled Tribes” means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under article 342 to be Scheduled Tribes for the purposes of this Constitution.
  26. securities” includes stock.
  27. sub-clause” means a sub-clause of the clause in which the expression occurs.
  28. taxation” includes the imposition of any tax or impost, whether general or local or special, and “tax” shall be construed accordingly.
  29. tax on income” includes a tax in the nature of an excess profits tax.
    • (29A) “tax on the sale or purchase of goods” includes—
      1. a tax on the transfer, otherwise than in pursuance of a contract, of property in any goods for cash, deferred payment or other valuable consideration;
      2. a tax on the transfer of property in goods (whether as goods or in some other form) involved in the execution of a works contract;
      3. a tax on the delivery of goods on hirepurchase or any system of payment by instalments.
      4. a tax on the transfer of the right to use any goods for any purpose (whether or not for a specified period) for cash, deferred payment or other valuable consideration;
      5. a tax on the supply of goods by any unincorporated association or body of persons to a member thereof for cash, deferred payment or other valuable consideration;
      6. a tax on the supply, by way of or as part of any service or in any other manner whatsoever, of goods, being food or any other article for human consumption or any drink (whether or not intoxicating), where such supply or service, is for cash, deferred payment or other valuable consideration, and such transfer, delivery or supply of any goods shall be deemed to be a sale of those goods by the person making the transfer, delivery or supply and a purchase of those goods by the person to whom such transfer, delivery or supply is made;]
  30. Union territory” means any Union territory specified in the First Schedule and includes any other territory comprised within the territory of India but not specified in that Schedule.

Today’s Legal Updates: 

  1. On Saturday, 17th February A court in Jamnagar sentenced filmmaker Rajkumar Santoshi to two years in prison along with a fine of ₹20 lakhs in a cheque dishonour case.  (Ashok Haridasbhai Lal vs Rajkumar Pyarelal Santoshi)
    • Additional Chief Judicial Magistrate Vishal Jagdishkumar Gadhavi observed that Santoshi had failed to rebut the presumption in favour of the holder of the cheque under section 139 of the Negotiable Instruments (NI) Act.
    • the Court said, When execution of the cheque is proved by the complainant, it was upon accused to rebut the presumption provided under Section-139 of N.I.Act. Mere cross-examination of the complainant is not sufficient to rebut such presumption when execution of the cheque is duly proved by the complainant. Mere denial by the complainant in cross-examination for certain fact is not at all sufficient to rebut presumption under Section-139 of N.I.Act.
  2. On Saturday, 17th February the Karkardooma court Delhi said while denying bail to Imam, Speeches and other activities by Sharjeel Imam against the Citizenship Amendment Act (CAA) did not contain any exhortation to people to pick up weapons or kill people but his speeches and activities mobilised the public which disrupted Delhi and might be the main reason in outbreak of the Delhi riots of February 2020.
    • Additional Sessions Judg said in his order, Although the applicant did not ask anybody to pick the weapons and kill the people but his speeches and activities mobilised the public which disrupted the city and might be the main reason in outbreak of the riots. Further, through inflammatory speeches and social media, the applicant skillfully manipulated the real facts and incited the public in order to create a havoc in the city. Further, the words as used by the applicant in his different speeches were so powerful that they captured the mind of the people of a particular community and incited them to take part in the disruptive activities which finally resulted into the riots.
    • the judge stated, Finally, just after the speeches and the alleged activities of the applicant, on different dates and places, the riots occurred causing violence, huge damage to the public property and death of a large number of people.
    • the Court ruled while rejecting his bail plea, Although the court cannot take into consideration section 124A IPC but if the acts and actions of the applicant are considered, in a normal dictionary meaning they can be termed as seditious.
  3. On Saturday, 17th February Vishwa Hindu Parishad (VHP) has moved the Jalpaiguri circuit bench of Calcutta High Court against a lioness in North Bengal Wild Animals Park at Siliguri (Bengal Safari Park) being named Sita.
    • the plea said, Vishwa Hindu Parishad has with deep anguish observed that a species of cat family has been named after the name of “SITA”the consort of Lord Rama and she is sacred deity to all Hindus across the world. Such act amounts to blasphemy and is a direct assault on the religious belief of all Hindus. It is mentioned here that the female Asiatic Lion housed in Alipore is named “Sruti”.
    • the petition said, That to the utmost surprise of the petitioners on 14/02/2024 Uttar Banga Sambad carried a news item with the heading “Sangir Khoje astir Sita”. Incidentally the male lion was given the name of “Akbar”. The said article and indicated in a lewd way and represented the news in a much objection manner which was bound to hurt the religious sentiments of all Hindus across the country.
    • The plea, which is slated to be heard by the High Court on February 20, said that such an act of naming a lioness after a religious deity has hurt their religious sentiments.
  4. On Saturday, 17th February the Karkardooma court, Delhi denied statutory bail to Sharjeel Imam in a sedition and Unlawful Activities Prevention Act (UAPA) case filed against him for allegedly making inflammatory speeches in Delhi’s Jamia area and Aligarh Muslim University (AMU).
    • Additional Sessions Judge Sameer Bajpai of Karkardooma court pronounced the order.
    • The case relates to the speeches made by Imam at AMU and Jamia area while protesting against the Citizenship Amendment Act (CAA) and National Register of Citizenship (NRC).
    • Imam’s case that he had already spent four years in jail out of the maximum sentence of seven years and is, therefore, eligible for statutory bail.
  5. on Friday 16th February the Chief Justice of India (CJI) DY Chandrachud inaugurated Dr. Rajendra Prasad National Law University in Uttar Pradesh’s Prayagraj and also urged the university to employ Hindi as the medium of instruction in the college.
    • The CJI said that I appeal to Dr. Rajendra Prasad National Law University to ensure that the medium of instruction takes place in Hindi so that the best students from Uttar Pradesh become the best lawyers who will practice before the High Court. Many of them will join the district judiciary and some of them will join colleges.
    • the CJI Chandrachud said, The data from diversity surveys of five National Law Universities which came into existence much before reveals that the composition of law schools in terms of region, gender, and the premium attached to the fluency in English and a stigma due to lack of knowledge of English amongst students acts as a hindrance to the full participation and assimilation of students coming from diverse backgrounds.
    • the CJI Chandrachud said, Today, when we are gathered for the inauguration of a new NLU, we have to think as to where we are taking our legal education. Now, UP has two NLUs. Several NLU Lucknow students worked with me, and many of them [are] working with the district Judiciary… A student of law also needs to be knowledgeable about political theory, economics, philosophy, and the history and culture of the nation to be able to institute cultural changes.
    • the CJI said, Every day in the work of Supreme Court we come face to face not only with injustice but the quest of justice which is sustained by lawyers, pursuing causes which are popular and unpopular. Clients high and low. Clients who have a voice in the system, thanks to the work of the Bar.
  6. Recently the Supreme Court said in case of recovery of commercial quantity of narcotic substance under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), courts should be slow in granting bail to anyone having criminal antecedents.  (State Rep By Inspector of Police vs B Ramu)
    • A bench of Justices BR Gavai and Sandeep Mehta, therefore, objected to the Madras High Court order granting anticipatory bail to an accused without noting a prima facie satisfaction under Section 37 of the NDPS Act that the accused had not committed the offence and would not violate bail conditions.
    • the top court stated while quashing the bail granted to the accused, Manifestly, a very strange approachhas been adopted by the learned Single Judge in the impugned order whereby the anticipatory bail was granted to the respondent on the condition that the appellant would deposit a sum of ₹30,000­ to the credit of the registered Tamil Nadu Advocate Clerk Association Chennai along with various other conditions. The condition so imposed by the High Court is totally alien to the principles governing bail jurisprudence and is nothing short of perversity.
    • The Court would have to record a satisfaction that there are grounds for believing that the accused is not guilty of the offence alleged and that he is not likely to commit any offence while on bail.
    • the bench stated in conclusion, The fact that after investigation, the charge­sheet has been filed against the respondent­-accused along with other accused persons, fortifies the plea of the State counsel that the Court could not have recorded a satisfaction that the accused was prima facie not guilty of the offences alleged.
  7. On Saturday, 17th February Rouse Avenue Court, Delhi Delhi Chief Minister Arvind Kejriwal told that he will appear in person before the Court on March 16 in the case filed by Enforcement Directorate (ED) against him for non-compliance with the central agency’s summons in the Delhi Excise Policy case.
    • Kejriwal joined the court proceedings through video conference today and assured that he will appear physically in court in March after the budget session of the Delhi assembly is over.
    • Arvind Kejriwal said, Mai court aana chahta tha lekin ye ekdum se floor test aa gaya. Hamara budget session March first week tak chalega aap uske baad case laga le. Main appear ho jaaunga (I wanted to appear but this floor test came suddenly. Our budget session will go on till March first week. You can list the case after that, I will appear personally).

For Legal Support Contact: –

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

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

Adv. Aishwarya Dorwekar (Bombay High Court and City Civil & Session Court, Mumbai)

Contact: – 8828275839 And Live Advocate

Adv. Upasna Goyal (Punjab and Haryana High Court)

Contact: – Live Advocate

Adv. Manpreet Singh Bajwa (Punjab and Haryana High Court)

Contact: – Live Advocate

Adv. Rajeev Nayan (Patna High Court)

Contact: – Live Advocate

Adv. Dakshreddy B. (Madras High Court and Madurai Bench)

Contact: – 9886049147

Legal Prudent Fraternity