Today’s Legal Updates

Monday, 18th June 2022

Legal Awareness :- CONSTITUTION OF INDIA

Part – V THE UNION

CHAPTER- I THE EXECUTIVE (The President and Vice-President)

Article – 65 The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President.

  1. In the event of the occurrence of any vacancy in the office of the President by reason of his death, resignation or removal, or otherwise, the Vice-President shall act as President until the date on which a new President elected in accordance with the provisions of this Chapter to fill such vacancy enters upon his office.
  2. When the President is unable to discharge his functions owing to absence, illness or any other cause, the Vice-President shall discharge his functions until the date on which the President resumes his duties.
  3. The Vice-President shall, during, and in respect of, the period while he is so acting as, or discharging the functions of, President, have all the powers and immunities of the President and be entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule.

Today’s Legal Updates :-

  1. On Monday the National Restaurant Association of India (NRAI) has moved the Delhi High Court challenging the guidelines issued by the Central Consumer Protection Authority (CCPA) on July 4 stipulating that hotels or restaurant should not add service charge automatically or by default to food bills.  (NRAI & Ors. vs. UOI & Ors.)
  2. On Monday the Supreme Court ruled military personnel will be entitled to disability pension only if the disability is attributable to military service or was aggravated by such service and if such disability is more than 20 percent. (Union of India and ors vs Ex-Naik Ram Singh)
  3. On Monday the Kerala High Court directed its Registry not to accept hard copies of any petitions or documents which are illegible or typed out in very small font size.
  4. On Monday former Bharatiya Janata Party (BJP) spokesperson Nupur Sharma has moved the Supreme Court seeking to reinstate her earlier petition in which she had prayed that the first information reports (FIRs) registered against her in different parts of the country for her remarks on Prophet Muhammad, be transferred to Delhi.  (NV Sharma v. Union of India)
  5. On Monday the Delhi High Court asked the Directorate General of Civil Aviation (DGCA) to periodically review its guidelines regarding wearing of face-masks on flights and to adhere to the guidelines issued by the Central government.
  6. On Monday the Kerala High Court initiated suo motu proceedings to look into the collapse of a temple structure’s roof during the choroonu ceremony of a 5-month-old baby, injuring the mother of the baby and two others.
  7. On Monday a Delhi Court observed when a senior citizen mother sought a restraining order against her son, Courts have become a last resort when “progeny plays merry hell” into lives of the “old and infirm”. (MMP v. PP)
    • Court added, It cannot be stressed enough that parents, who have toiled and sacrificed in their prime, deserve a peaceful life during their sunset years. It is thus quite tragic if they have to approach a Court of law to ensure that their peace is not disrupted in any manner.
    • the order highlighted, Courts have become a last resort when progeny plays merry hell into lives of the old and infirm. Reasons may vary, from intolerance, apathy to sheer avarice. It is the covetous intentions and intemperate conduct of the respondent son that the counsel for the appellant mother sought to highlight during the course of proceedings.
    • the Court noted, It becomes imperative that a modus vivendi (arrangement for peaceful co-existence) has to be arrived at, lest the situation turns ugly, as the continued presence of the respondent son is ostensibly causing discomfort and alarm in the minds of the parents. The solution albeit a transient one, lies in removing the root cause, namely separating the two warring factions.
    • the order held, In other words, time is ripe for the fledging to leave the cocoon of his parent’s abode, and to build his own nest. Such a move, in the perception of this Court, will not only bring peace and harmony in the house, but may also impel the respondent to forge a life of dignity, where he traverses the path from being a freeloader to probably a benefactor.
  8. On Monday A Delhi Court dismissed the appeals against conviction of Ansal brothers in the evidence tampering case relating to the Uphaar cinema fire tragedy.
  9. On Monday the Supreme Court ordered that no “precipitative action” be taken against Alt News co-founder Mohammed Zubair in 5 first information reports (FIRs) registered against him by the Uttar Pradesh Police (UP Police).
  10. On Monday the Supreme Court Collegium has recommended the names of two lawyers for appointment as judges of the Allahabad High Court.
  11. On Monday the Supreme Court Collegium has recommended the elevation of one lawyer and one judicial officer as judges of the Chhattisgarh High Court.
    • The lawyer recommended for elevation is Rakesh Mohan Pandey.
    • The judicial officer recommended for elevation is Radhakishan Agrawal.
  12. On Monday the Supreme Court Collegium has reiterated its recommendation to appoint five lawyers as judges of the Allahabad High Court.
  13. On Monday the Bombay High Court held in two separate decisions, Independent, non-executive directors cannot be held liable for acts of the company if they are not involved in the daily affairs of the company.
  14. On Saturday A local court in Uttar Pradesh’s Lakhimpur Kheri denied bail to Alt News co-founder Mohammed Zubair in a case registered against him by the Uttar Pradesh Police for the offence of promoting enmity between religious groups.
  15. On Monday the Allahabad High Court refused to quash a first information report (FIR) registered against a man accused of putting up Facebook posts containing abusive and derogatory remarks against Prime Minister Narendra Modi and Union Home Minister Amit Shah among others.  (Mumtaz Mansoori v. State of UP & 2 ors)
  16. On Monday the Delhi High Court was dismissed a  public interest litigation (PIL) petition seeking to ground all SpiceJet flights in view of the recent mishaps that the airline has encountered.
  17. On Monday a petition has been filed in the Supreme Court seeking restoration of worship rights over the Shivling found by the court commissioner inside the Gyanvapi mosque in Varanasi.
  18. On Monday the observations and orders passed by Karnataka High Court judge Justice HP Sandesh castigating State Anti-Corruption Bureau (ACB)as well as the Additional Director General of Police (ADGP) of ACB, Seemanth Kumar Singh was stayed by the Supreme Court.
  19. On Monday the Chief Justice of India (CJI) NV Ramana ordered that the plea by Alt News co-founder Mohammed Zubair, seeking to quash six first information reports (FIRs) registered against him by the Uttar Pradesh Police (UP Police), be listed before a bench headed by Justice DY Chandrachud.