Today’s Legal Updates

Wednesday, 19th January 2022

Legal Awareness :- CERTAIN POLICIES AND SCHEMES WORKING FOR THE WELFARE OF WOMEN

SWADHAR

  • Provides primary need of shelter, food, clothing and care to the marginalized women/girls living in difficult circumstances who are without any social and economic support and provides emotional support and counseling to such women.
  • Widows deserted by their families and relatives and left uncared near religious places where they are victims of exploitation; Women prisoners released from jail and without family support and women survivors of natural disaster who have been rendered homeless and are without any social and economic support are beneficiaries of the scheme.
  • The implementing agencies can be the Social Welfare/Women and Child Welfare Department of State Government, Women’s Development Corporation, Urban Local Bodies, reputed Public/Private Trust or Voluntary Organizations.

Today’s Legal Updates:-

  1. Today the Allahabad High Court extended the life of all interim orders passed by itself and all courts and tribunals in the State of Uttar Pradesh till February 28 in view of the rise in COVID-19 cases.
  2. Today the Supreme Court has clarified that the notice issued by it on January 17 urging lawyers to avoid use of mobile phones for joining virtual court proceedings is only advisory in nature and there is no bar on use of mobiles.
    • In a communication by the Secretary General (SG) of the Supreme Court Virender Kumar Bansal to the Supreme Court Advocates-on-Record Association (SCAORA), the Court made it clear that any lawyer who does not have laptop or desktop can join court proceedings using mobile phones, ensuring that such advocate is properly visible and audible to the Court.
  3. Today former judge of the Supreme Court, Justice AK Sikri has been invited to be an associate member of 4 Pump Court, a barristers’ chambers in London.
  4. Today the Supreme Court reserved judgment in petitions challenging the one-year suspension of 12 Bharatiya Janata Party (BJP) MLAs including Ashish Shelar from the Maharashtra Legislative Assembly. (Ashish Shelar v The Maharashtra Legislative Assembly)
  5. Today the Supreme Court said that compliance with the triple test laid down in the top court’s judgment in Vikas Kishanrao Gawali v. State of Maharashtra is mandatory before seats can be reserved by Maharashtra government in favour of Other Backward Classes (OBC) in local government bodies.  (Rahul Ramesh Wagh v The State of Maharashtra)
  6. Today the Delhi High Court observed that there cannot be an umbrella assumption that every member of an unlawful assembly has a common object, while granting bail to six people accused of murder during the Delhi Riots of 2020.  (Mohd Shoaib@Chhutwa v. State)
  7. Today the Brihanmumbai Municipal Corporation (BMC) has assured the Bombay High Court that the COVID situation in Mumbai and its adjoining regions is under control and there is no reason for panic.
  8. Today the Karnataka High Court observed that cases of medical negligence against doctors and hospitals are often launched recklessly, and “compensation culture” which is common in other countries is gradually, gaining entry in medical services in India.  (Dr. Ganesh Nayak vs. V Shamanna and Ors)
  9. Today morning Criminal lawyer Shrikant Shivade passed away in Pune, He had been diagnosed with leukaemia (blood cancer) while his treatment was going on, He had appeared for noted celebrities in a slew of high-profile trials, He had represented celebrities like Bollywood actor Salman Khan in the 2002 hit-and-run case during his trial in the Sessions Court, He also appeared for actor Shiney Ahuja who had been booked in a rape case in 2009.
  10. Today the Aam Aadmi Party (AAP) has named advocate Amit Palekar as its Chief Ministerial candidate for the upcoming assembly polls in Goa.
  11. Today the Delhi High Court issued notice to the Central government on a petition challenging two notifications expanding the definition of drugs under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.  (Rajeev TM v Union of India)
  12. Today the Patiala House Court, Delhi pulled up the Enforcement Directorate (ED) for a “casual and cavalier” approach in its investigation in a Prevention of Money Laundering Act (PMLA) case, observing that the accused’s arrest had “preceded” the grounds of his arrest. (ED v. Jatinder Pal Singh)
  13. Today the Supreme Court sought the personal presence of Chief Secretaries of Andhra Pradesh and Bihar over non-payment of ex-gratia compensation to kin of those who succumbed to COVID-19.  (Gaurav Kumar Bansal v. Union of India)
  14. Last week the Punjab and Haryana High Court granted bail to a man accused of having Khalistani links and charged for offences under Unlawful Activities Prevention Act (UAPA) for allegedly testing bombs and abetting the commission of terrorist offences. (Amarjeet Singh @ Amar Singh v. National Investigation Agency)
  15. Today in the marital rape case, Senior Advocate Rebecca John told the Delhi High Court that a woman’s consent was essential to the immunity provided to husbands through Exception 2 of Section 375 of Indian Penal Code.  (RIT Foundation v Union of India)
  16. Today the Delhi High Court held that subordinate courts cannot assume jurisdiction to exercise the power to initiate contempt of court cases.  (ICICI Bank v Rashmi Sharma)
  17. Today Manushi Sangathan, an organization representing 67 hawkers and vendors, has moved the Delhi High Court seeking impleadment in the suo moto case registered last year following a fire incident at a building in the Nehru Place market.
  18. Today the Karnataka High Court observed that Payment of Wages Act is a beneficial piece of enactment the workmen cannot be denied the legal entitlement by applying technicalities while adjudicating the claim application.
  19. Today the Rajasthan High Court held that the validity of an order passed by the Child Welfare Committee (CWC) under the Juvenile Justice (Care and Protection of Children) Act, 2015 cannot be examined in a Habeas Corpus plea.  (Naresh Kumar v. State of Rajasthan and Others)
  20. Today A local court in Uttarakhand rejected the bail application of Yati Narsinghanand, accused of delivering a hate speech containing objectionable remarks against Muslims at a Dharam Sansad held in Haridwar last year.
  21. Yesterday the Gauhati High Court held that the law of limitation is binding on the government and its departments, which cannot cite bureaucratic reasons as grounds for delay in the electronic age.  (Union of India vs. Tenzing Construction)
  22. Today the West Bengal government has informed the Calcutta High Court that the State is formulating a policy to address the miserable conditions of horses near the Victoria Memorial in Kolkata.  (People for Ethical Treatment of Animals (PETA) v. State of West Bengal and Others)
  23. Today the Supreme Court held that if in the tendering process of lotteries, there is an element of anti-competition which would require investigation by the Competition Commission of India (CCI), the same cannot be prevented on the ground that lottery business is ‘res extra commercium’ (things outside of commercial intercourse)  (Competition Commission of India vs State of Mizoram)
  24. Today the National Company Law Appellate Tribunal (NCLAT) set aside an order of the National Company Law Tribunal (NCLT) Allahabad Bench on the ground that e-voting on a Resolution Plan by the financial creditors and the Committee of Creditors (CoC) took place simultaneously. (Harjeet Kaur v. Mr. Swami Deen Gupta, Resolution Professional, Piyush Shelters India Private Limited & Ors)
  25. Today the Kerala High Court said that a system needs to be put in place to ensure that sexual assault survivors are not re-traumatised by repeatedly having to visit police stations.
  26. Today the Delhi High Court has held that an insurance company is liable to pay compensation to the deceased’s family even if the offending vehicle was stolen and driven unauthorisedly by someone else.  (United India Insurance Co. Ltd. v Smt. Anita Devi and Ors)

Legal Prudent Fraternity