Today’s Legal Updates

Tuesday, 19th April 2022

Legal Awareness :- CONSTITUTION OF INDIA

Part – XII FINANCE, PROPERTY, CONTRACTS AND SUITS

CHAPTER III – PROPERTY, CONTRACTS, RIGHTS, LIABILITIES, OBLIGATIONS AND SUITS

Article – 294   Succession to property, assets, rights, liabilities and obligations in certain cases.

As from the commencement of this Constitution—

  1. all property and assets which immediately before such commencement were vested in His Majesty for the purposes of the Government of the Dominion of India and all property and assets which immediately before such commencement were vested in His Majesty for the purposes of the Government of each Governor’s Province shall vest respectively in the Union and the corresponding State.
  2. all rights, liabilities and obligations of the Government of the Dominion of India and of the Government of each Governor’s Province, whether arising out of any contract or otherwise, shall be the rights, liabilities and obligations respectively of the Government of India and the Government of each corresponding State.

subject to any adjustment made or to be made by reason of the creation before the commencement of this Constitution of the Dominion of Pakistan or of the Provinces of West Bengal, East Bengal, West Punjab and East Punjab.

Today’s Legal Updates :-

  1. On Tuesday the Supreme Court reiterated the necessity of issuing reasoned bail orders, especially in matters involving serious offences.
    • Reasoning is the life blood of the judicial system. That every order must be reasoned is one of the fundamental tenets of our system. An unreasoned order suffers the vice of arbitrariness.
    • There is a recent trend of passing such orders granting or refusing to grant bail, where the Courts make a general observation that “the facts and the circumstances” have been considered. No specific reasons are indicated which precipitated the passing of the order by the Court. Such a situation continues despite various judgments of this Court wherein this Court has disapproved of such a practice.
  2. On Tuesday the Allahabad High Court dismissed a public interest litigation (PIL) petition which claimed that State authorities were harassing meat, liquor and egg consumers in the wards of Mathura Vrindavan that were notified as “Holy Place of Pilgrimage”. (Shahida v State of UP)
  3. On Tuesday the Kerala High Court declined to interfere with the inter-faith relationship between one Joisna Mary Joseph and Shejin, which had sparked “love jihad” allegations in the State.  (Joseph v State of Kerala)
  4. Visually impaired advocate from Jammu and Kashmir, Suraj Singh, who had been protesting against alleged failure of the government to implement disability laws in the Union Territory of Jammu and Kashmir, has been appointed Government Advocate in High Court of Jammu and Kashmir and Ladakh.
  5. On Tuesday A three Bench of the Bombay High Court led by Justice Sadhana S Jadhav recused from hearing a clutch of petitions filed in the Bhima Koregaon case of 2018.
  6. On Tuesday the Bombay High Court quashed all blacklisting orders issued by the Regional Transport Office (RTO) against several Bharat Stage-IV (BS-IV) compliant vehicles which were sold as second-hand sales after the Supreme Court mandated deadline of March 31, 2020.  (Micropark Logistics Pvt Ltd vs. The State of Maharashtra & Anr.)
  7. On Tuesday the Delhi High Court passed a status quo order after it came to the Bench’s notice that the Debts Recovery Tribunal (DRT) in the national capital was not functioning optimally. (Sourabh Shrivastava and anr v. Union of India and ors)
  8. On Tuesday A Delhi Court highlighted that liberal access to justice should not be construed by anyone as a means to lead chaos and indiscipline, while dealing with a matrimonial dispute.
  9. On Tuesday the Kerala High Court refused to quash the first information report (FIR) filed against Malayalam cine actor Dileep for allegedly conspiring to murder the police officers investigating the 2017 actress assault case in which he is an accused.  (P Gopalakrishnan @ Dileep v State of Kerala & Ors)
  10. On Tuesday Justice MR Shah said one of the reasons for the huge backlog of cases in the Supreme Court is frequent adjournments sought by lawyers.
  11. On Tuesday the Supreme Court held that salary wages of employees during the Corporate Insolvency Resolution Process (CIRP) under the Insolvency and Bankruptcy Code (IBC) are to be treated as costs for asset distribution purposes under the IBC.  (Sunil Kumar Jain & Ors vs Sundaresh Bhatt & ors)
  12. On Tuesday the Delhi High Court expressed its shock at the functioning of an ashram owned by absconding godman Virendra Dev Dixit, where over 160 women are alleged to be living in ‘inhumane’ and ‘animal-like’ conditions.
  13. On Tuesday the Kerala High Court observed that the Crime Branch Police Officers investigating Malayalam cine actor Dileep did not seem to have any ulterior motives warranting transferring the investigation to the Central Bureau of Investigation (CBI).  (P Gopalakrishnan @ Dileep v State of Kerala & Ors.)
  14. On Monday President of India Ramnath Kovind gave his assent to the Criminal Procedure (Identification) Bill and the Delhi Municipal Corporation (Amendment) Bill.
  15. On Tuesday the Kerala High Court allowed a witness in the Kashmir terror recruitment case to be examined before the High Court.
  16. On Tuesday the Karnataka High Court expressed its dissatisfaction with the Bruhat Bengaluru Mahanagara Palike (BBMP) for not having executed the work order related to filling up of potholes in the city.
  17. On Tuesday he appeal against an order of a single-judge of the Bombay High Court refusing to stay the release of Hindi film ‘Jersey’ was withdrawn.  (Rajneesh Jaiswal v. Dil Raju & Ors)
  18. On Tuesday the Delhi High Court directed the Delhi Transport Corporation (DTC) and the Delhi government to file their responses on a public interest litigation (PIL) petition challenging the decision to withdraw DTC bus services from private schools.  (Baba Alexander v Delhi Transport Corporation and Ors)
  19. On Tuesday the Central government has informed the Supreme Court that the plea by 1993 Bombay blasts convict Abu Salem, stating that his imprisonment could not extend beyond 25 years as per the terms of an extradition treaty, was premature. (Abu Salem v State of Maharashtra)
  20. On Tuesday A magistrate court in Mumbai rejected the closure report filed by the police in a rape case against T-Series’ chairperson and managing director, Bhushan Kumar despite the complainant woman stating that she had no objection to closing the case.
  21. On Tuesday the Delhi High Court has held that judicial bias in a case need not be proven as existing in fact but only needs to be tested from the viewpoint of an ordinary person and evaluated based on the test of reasonable apprehension.  (Kinri Dhir v Veer Singh)
  22. A public interest litigation has been filed before the Bombay High Court seeking initiation of contempt of court proceedings against Maharashtra Chief Minister Uddhav Thackeray, Shiv Sena Member of Parliament Sanjay Raut, Maharashtra Home Minister Dilip Walse Patil and publisher of publisher of Saamana (Marathi newspaper published by Shiv Sena), Vivek Kadam.  (Indian Bar Association v. Sanjay Raut & Ors)

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