Today’s Legal Updates

Thursday, 20th January 2022

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

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Today’s Legal Updates:-

  1. Today the Allahabad High Court refused to entertain a public interest litigation (PIL) which sought postponement of the upcoming Uttar Pradesh assembly elections in view of rising COVID-19 cases in the State.
    • The petition said that “Section 15 of the Representation of People Act, 1951 provides for the election on the expiration of the duration of the term of the Assembly or when the Assembly has been dissolved. Only in the proviso to Section 15, there is the provision of holding elections prior to the dissolution of the Assembly. It is therefore necessary to note that a proviso can not take over substantive provision to which it is a proviso. Ordinarily, the election is to be held when the term of the existing Assembly has come to an end or it has been dissolved. As an exception, it can be held sometimes within the period of six months prior to the term of existing Assembly has come to an end,”
  2. The Allahabad High Court this week reserved its verdict in the bail application filed by the son of Union Minister Ajay Mishra, Ashish Mishra, who is the prime accused in the Lakhimpur Kheri violence in which eight people were killed.  (Ashish Mishra @Monu v. State of Uttar Pradesh)
  3. Today the Central Government informed the Kerala High Court that the K-Rail (Kerala Rail Development Corporation Limited) Silverline Project has not been formally approved by it yet.  (Muralikrishnan v State of Kerala)
    • the State Government to file an affidavit with clarifications “particularly as to the manner in which the DPR was prepared; the steps- including for survey – conducted before the DPR was settled; whether a DPR could have been prepared without a proper physical survey; and as to the impact of Sections 4 and 12 of the ‘Fair Compensation Act’ on the entire process, before finally answering the various contentions regarding the survey being presently being carried on”
  4. Today Metropolitan Magistrate court, Bandra Mumbai rejected the bail applications filed by Vishal Jha, Mayank Rawat and Shweta Singh, accused in the Bulli Bai case.
  5. Today the Supreme Court has held that even in cases prior to Hindu Succession Act, 1956, if a property of a male Hindu dying intestate is a self-acquired property or obtained in the partition of a coparcenary or a family property, the same would devolve by inheritance and not by survivorship, and a daughter of such a male Hindu would be entitled to inherit such property in preference to other collaterals.  (Arunachala Gounder vs Ponnusamy)
  6. The Supreme Court will tomorrow hear an appeal filed by former Editor of Tehelka magazine Tarun Tejpal challenging the order of the Bombay High Court at Goa which rejected his application for in-camera hearing of the appeal filed by the State of Goa against his acquittal in a sexual assault case.
  7. Today the Delhi High Court observed that no one can claim copyright on the game of cricket and there can be no copyright on the evolution of the game from five-day test matches to the recent format of T-20 cricket as either it refused to stay the staging of the upcoming Legends League Cricket tournament.  (Samir Kasal v Prashant Mehta and Ors)
  8. Today the Delhi High Court has reiterated that unilateral appointment of an arbitrator by a party is impermissible in law and such appointment has to be made with the consensus of the parties involved or by the Court.  (Envirad Projects Private Limited v. NTPC Limited)
  9. Today the Karkadooma Court Delhi  sentencing Dinesh Yadav to five years jail term after he was found guilty of rioting and setting on fire, it is first sentencing in the 2020 Delhi Riots cases.  (State v. Dinesh Yadav)
  10. Today a petition has been filed before the Supreme Court challenging the Central government’s decision to refuse renewal of Foreign Contribution Regulation Act (FCRA) licenses of close to 6,000 NGOs.  (Global Peace Initiative v. Union of India)
  11. Today the Supreme Court granted interim protection from arrest to West Bengal Chief Minister Mamata Banerjee’s Nandigram election agent, SK Supiyan in a murder case being investigated by the Central Bureau of Investigation (CBI).
  12. Today a petition has been filed before the Supreme Court seeking postponement of assembly elections in States of Goa, Manipur, Uttarakhand, Punjab and Uttar Pradesh in view of the surge in COVID-19 cases. (Kanwariya Sena Sangathan v. Union of India)
    • “The health of people cannot be protected by causing uncompensated miseries to individuals, thus, there is grave violation of the Article 21 of the Constitution,” 
  13. Today the Gujarat High Court issued notice to the Central government on a Public Interest Litigation (PIL) petition seeking establishment of a bench of the National Company Law Appellate Tribunal (NCLAT) at Ahmedabad, in accordance with Apex Court’s decision in a 2019 case.  (Ahmedabad National Company Law Tribunal Practitioners Association vs. UOI)
  14. Today Dhyandev Wankhede, father of former Narcotics Control Bureau (NCB) officer Sameer Wankhede has once again approached the Bombay High Court seeking issuance of contempt against Maharashtra Cabinet Minister Nawab Malik for continued breaches of the latter’s undertakings to the High Court.
  15. Today the Supreme Court said that while upholding the 27 percent quota for Other Backward Classes (OBC) in National Eligibility cum Entrance Test (NEET) All India Quota (AIQ) seats in State government medical institutions, Reservation for backward classes is not at odds with merit but it furthers distributive impact.  (Neil Aurelio Nunes v. Union of India)
  16. Today the Madras High Court passed a slew of directives to ensure a better framework for the functioning of sports organisations in Tamil Nadu. (S Nithya v. The Secretary to the Union of India The Ministry of Youth Affairs and Sports)
  17. Today the South Saket Courts, Delhi held that a wife is entitled to maintenance from her estranged husband even if she lives in the same household, while allowing a woman’s plea for interim maintenance.
    • “A middle aged woman, a mother of three, who has accused her husband and in-law of threatening her with domestic violence, can not be denied maintenance on the ground that many years ago she had procured a BA and B.Ed degree.”
    • the judge highlighted that “It is a common scenario in several households in our society where a victim of domestic violence is deprived of basic necessities and not a rupee is given to her to meet her daily needs, even though she resides in the same house,”
    • “Needles to say, the wife is entitled to a maintenance amount in consonance with the earnings of her husband, other necessary expenses of husband and other dependents on the husband,” 
  18. Yesterday the Karnataka High Court issued notice on a plea challenging the in-principle approval given by the Central government for the strategic disinvestment of 26 percent equity in Bharat Earth Movers Limited (BEML).  (BEML Staff Association & Ors v. BEML Limited)
  19. Today Senior Advocate Rebecca John argued before the Delhi High Court that if a woman is subjected to sexual intercourse without her consent, then the exception to Section 375 of the Indian Penal Code (IPC) should be viewed as an instrument of oppression.  (RIT Foundation v. Union of India)
  20. Today the Kerala High Court issued a set of directions fixing personal responsibility on secretaries of the local self-government institutions for the continued practice of turning a blind eye to the illegal installation of flags posts and banners of political parties in public places.  (The Manam Sugar Mills Co-operative Ltd. v. Deputy Superintendent of Police)
  21. Today the Madras High Court restrained filmmaker Leena Manimekalai and director Susi Ganesan from speaking to the press on the sexual harassment claims levelled by the former against the latter (Susi Ganesan v. Leena Manimekalai)
  22. Yesterday the Patna High Court lifted its stay on fresh admissions at 15 law schools in Bihar, allowing students to undertake studies for the academic session 2021-2022. (Kunal Kaushal v. The State of Bihar)
  23. Today the Calcutta High Court observed that a daughter-in-law shall be bound by the undertaking given at the time of obtaining compassionate appointment to maintain and extend medical assistance to her mother-in-law.  (Durgabala Mandal v. State of West Bengal and Others)
  24. Today the Bombay High Court asked the Central government whether it has formulated any national plan under the Disaster Management Act to differentiate between persons based on their vaccination status when it comes to use of public transport during the COVID-19 pandemic.
  25. Today the Madhya Pradesh High Court dismissed a public interest litigation (PIL) petition moved against a recent decision of the Central government to rename ‘Habibganj’ railway station in Bhopal as ‘Rani Kamlapati’ railway station.  (Ahmad Sayeed Qureshi v. Union of India and Others)

Legal Prudent Fraternity