Today’s Legal Updates

Friday, 21st January 2022

Legal Awareness :- CONSUMER RIGHTS

  • Right to safety
    • Right to be protected against marketing of goods or services which are hazardous to life and property.
  • Right to information
    • Right to be informed about the quality, quantity, potency, purity, standard and price of goods or services as the case may be, so as to protect the consumer against unfair trade practices.
  • Right to choose
    • Right to be assured, wherever possible, access to a variety of goods and services at competitive prices.
  • Right to be heard
    • Right to be heard and to be assured that consumer’s interest will receive due consideration at appropriate fora.
  • Right to redressal
    • Right to seek redressal against Unfair Trade Practices or Restrictive Trade Practices or unscrupulous exploitation of consumers.
  • Right to consumer education
    • Right to acquire knowledge and skills needed for taking action to influence factors which affect consumer decisions.
  • Right to Healthy Environment
    • The right to physical environment that will enhance the quality of life. It includes protection against environmental dangers over which the individual has no control. It acknowledges the need to protect and improve the environment for present and future generations.
  • Right to basic needs
    • Right to basic needs ensures basic goods and services which guarantee survival. It includes adequate food, clothing, shelter, health care, education and sanitation to lead a decent life.

Today’s Legal Updates:-

  1. Today the Supreme Court held that the revisional jurisdiction of the National Consumer Dispute Redressal Commission (NCDRC) under Section 21(b) of the Consumer Protection Act is extremely limited and should be exercised only within the parameters specified in the said provision. (Sunil Kumar Maity vs State Bank of India)
  2. Today the Bombay High Court issued notice to two management companies involved in an arbitration dispute with President of the Board of Control for Cricket in India (BCCI), Sourav Ganguly seeking response on why contempt of court action should not be invoked against them for non-compliance with the Court’s orders passed in the execution proceedings initiated by Ganguly.
  3. Today the Patiala House Court Delhi directed a senior official of the Delhi Police to state the difference between the first information reports (FIRs) registered in Mumbai and Delhi in relation to the Bulli Bai app case. (Vishal Jha v. State)
    •  the judge asked Additional Public Prosecutor (APP) about the differences in the two FIRs. The APP turned to the investigation officer (IO) of the case.
  4. Earlier today, a Mumbai court rejected the bail of three persons, including Jha, in a similar case registered by the Mumbai Police, and said that merely because they were not the creators of the app, they could not be termed innocent.
  5. Today Senior Advocate Rebecca John told that the Delhi High Court, if marital rape is criminalised, charges of attempt to rape will also be attracted against a husband.  (RIT Foundation v Union of India)
    • The petitions have challenged Exception 2 in Section 375 of the Indian Penal Code (IPC) that exempts husbands from being charged with the said section even if they establish sexual relations with their wives without consent.
    • While Section 376B deals with punishment for sexual intercourse by a husband on his wife during separation, 198B is a procedural provision which says that no Court shall take cognisance of an offence under 376B except upon a prima facie satisfaction of the facts.
    • “The Verma Committee had recommended deletion of Exception 2. But this was not acceded to in the 2013 Act. It is my understanding that as some kind of compromise, 376B was introduced, making it rape when sexual intercourse takes place between husband and wife when they are living separately. What is interesting is that even when the wife is living separately, Parliament though it necessary to insert the word consent…In a sense, Parliament realized that they may not even be living together, but some element may have broken down. To that extent, this was a kind of compromised provision. There was demand for removal (of the exception) but Parliament did not think it fit to remove, but brought in 376B,”
      • “This whole argument is predicated on the fact that the husband has right to conjugal relations. My submission is that there is no right. There can be expectation from both sides. But the expectation cannot then result in forceful sexual relations. They can have a dialogue based on that expectation. If the wife withdraws from sexual relations, the way to resolve is through dialogue. I don’t want to trivialise it. It is about a man exercising his dominant right over his wife despite her saying no. It may result in anything. The husband may be right and the wife may be unreasonable. But there is no right, there can be an expectation which cannot lead to forcible sex with the wife.
  6. Today the Karnataka High Court ruled that match fixing will not amount to offence of cheating under Section 420 of the Indian Penal Code (IPC).  (CM Gautam v. State of Karnataka)
  7. Today A Mumbai court remanded Aakash Suyal, accused in the Clubhouse app case, to 3-day police custody for allegedly making derogatory remarks against women on the app.
  8. Today the Gujarat High Court held that Maintenance and Welfare of Parents and Senior Citizens Act of 2007 (Senior Citizens Act) will not override the Protection of Women from Domestic Violence Act of 2005. (Jagdeepbhai Chandulal Patel v. Reshma Ruchin Patel)
  9. Today the Delhi State State Legal Services Authority (DSLSA) has approached the Delhi High Court seeking execution of the order directing Bollywood actress Juhi Chawla and two others to pay ₹20 lakh cost imposed on them for filing petition against rollout of 5G technology.  (Delhi State Legal Services Authority v Ms Juhi Chawla and Ors)
  10. Today the Gauhati High Court observed that terming a housewife a ‘skilled worker’ while deciding a motor accident claim, does not do justice to her role in managing the house.  (Mrinal Kanti Debnath & ors vs United India Assurance Co Ltd & ors)
  11. Today the Delhi High Court granted police protection to an interfaith couple after a habeas corpus petition was filed by the husband alleging that his wife was illegally detained by her parents.  (Danish Khan v State of NCT of Delhi and Anr)
  12. Today a Noida resident set himself on fire outside the Supreme Court.
    • They had poured petrol over themselves on the road and used a cigarette-lighter to set themselves on fire, before they tried to rush inside the Supreme Court campus through Gate D.
    • The Delhi Police have identified the victim as Rajbhar Gupta. He has now been admitted to a hospital.
  13. Today the Supreme Court refused to entertain a plea seeking a direction to censor all future social media posts by Bollywood actress Kangana Ranaut.  (Sardar Chanderpal Singh v. Union of India)
  14. Today the Bombay High Court sought responses from the Central and State governments and the Brihanmumbai Municipal Corporation (BMC) on a plea seeking directions to formulate a policy for administering booster doses of the COVID-19 vaccine.  (Dhruti Kapadia & Anr. v. Union of India & Ors.)
  15. Today Attorney General (AG) KK Venugopal granted consent to activist Shachi Nelli for initiation of criminal contempt of court proceedings against Yati Narsinghanand over his recent derogatory remarks against the Supreme Court.
  16. Today the Supreme Court issued notice to the Central government on a plea seeking establishment ‘Indian Environment Service’ in light of environmental issues faced by various parts of the country.  (Samar Vijay Singh vs Union of India)
  17. Today a snake was found inside the chamber of Bombay High Court judgeJustice NR Borkar.
    • The snake, which was 4.5 to 5 feet long and non-venomous, was discovered early in the morning when the judge was not present in his chambers.
  18. Today the Supreme Court upheld the penalty imposed by the Gujarat government on Essar Steel in relation to a purchase tax case in which the company deliberately diverted natural gas and naphtha to its sister concern, Essar Power, for generation of electricity.  (State of Gujarat v. Arcelor Mittal Nippon Steel India)
  19. Today the Delhi High Court issued notice to the National Investigation Agency (NIA) in a bail application filed by alleged ISIS terrorist Abdul Qadeer, who claimed to be a minor when he joined the terror outfit.  (Abdul Qadeer (in JC) v National Investigation Agency)
  20. Today the Supreme Court issued contempt notice against the officials of the State of Bihar for non-compliance with its previous orders directing the State to grant retiral benefits to certain pensioners.  (Bijay Kumar Sinha and Others v. Tripurari Sharan and Others)
  21. Today Supreme Court judge Justice L Nageswara Rao recused from hearing the plea filed by former Editor of Tehelka magazine Tarun Tejpal seeking in-camera hearing in the appeal filed by the State of Goa against his acquittal in a sexual assault case.  (Tarun Jit Tejpal v. State of Goa)
  22. Today the Kerala High Court decided to schedule the hearing of the anticipatory bail hearing of Malayalam cine actor Dileep on Saturday in physical court.  (P Gopalakrishnan alias Dileep & Ors. v State of Kerala & Ors.)
  23. Today the Supreme Court issued notice to the Central government on a plea seeking stringent and severe punishment for offences against transgender persons.  (Kajal Managal Mukhi v. Union of India and Another)
  24. Yesterday the Calcutta High Court referred to a larger bench the issue regarding maintainability of an application by a juvenile for anticipatory bail under Section 438 of the Criminal Procedure Code. (Suhana Khatun v. State of West Bengal)
  25. Yesterday the Calcutta High Court observed that a leader of opposition (LOP) in the State is entitled to the same privileges as that of a cabinet minister.  (Suvendu Adhikari v. State of West Bengal and Others)
  26. Today the Delhi High Court granted police protection to an interfaith couple after a habeas corpus petition was filed by the husband alleging that his wife was illegally detained by her parents.  (Danish Khan v State of NCT of Delhi and Anr)
  27. Yesterday the Kerala High Court granted bail to a disabled woman, accused of killing her new born baby by dropping the baby in a bucket of water.  (Nisha Suresh v. State of Kerala)

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