Today’s Legal Updates

Monday, 21st March 2022

Legal Awareness :- CONSTITUTION OF INDIA

Part – XII FINANCE, PROPERTY, CONTRACTS AND SUITS

CHAPTER – I FINANCE

Distribution of Revenues between the Union and the States

Article – 268 Duties levied by the Union but collected and appropriated by the States.

(1) Such stamp duties and such duties of excise on medicinal and toilet preparations as are mentioned in the Union List shall be levied by the Government of India but shall be collected—
(a) in the case where such duties are leviable within any 2[Union territory], by the Government of
India, and
(b) in other cases, by the States within which such duties are respectively leviable.

(2) The proceeds in any financial year of any such duty leviable within any State shall not form part of the
Consolidated Fund of India, but shall be assigned to that State.

Today Legal Updates :-

  1. Today the Bombay High Court held that an adopted child is entitled to take the caste of the single mother.  (Sonal Pratapsingh Vahanwala v. Deputy District Collector (Encroachment) & Ors.)
    • the district caste authorities completely missed the vital aspect that the petitioner had adopted her son from an orphanage after requisite orders from the Court, and his birth records reflected the same.
    • “In view of the facts and more particularly the fact that child was adopted from the orphanage with the permission of the Court, the child would be entitled to take the caste of the mother,”
    • The Court, therefore, directed the Deputy District Collector to issue a caste certificate to a petitioner’s adopted son within two weeks.
    • “Very purpose of adopting child by the petitioner being a single mother would stand frustrated. In our opinion, such a situation could not be envisaged by law,” 
    • The authority stated that the caste documents of her son’s father were not submitted and, therefore, the petitioner was not be entitled to get a caste certificate.
    • She pointed out that since her son was adopted from an orphanage there was no question of details of his biological parents since even the orphanage was not aware of the same.
    • The Bench noted that the child had been adopted under the Hindu Adoptions and Maintenance Act.
    • “One of the effects would be that the child would not get identity of mother and particularly caste of the mother. He would be without identity throughout his life,” 
  2. Today the Supreme Court issued notice in a special leave petition filed by the Hindu Dharma Parishad seeking appointment of a Aragavalar (Trustee) Committee headed by a retired judge at all Hindu temples in Tamil Nadu. (Hindu Dharma Parishad v. The State of Tamil Nadu and ors.)
    • the Madras High Court had said while rejecting the plea, “As already there is a statutory provision, as has been demanded by the petitioner, there is nothing for adjudication in this writ petition and for issuing suitable directions,”
    • The petitioner-organisation then moved the Supreme Court seeking the following reliefs:
      • To appoint a Aragavalar Committee (Trustee Committee) headed by retired judge in all Hindu temples in Tamil Nadu.
      • To that Aragavalar Committee (Trustee Committee) an advocate, a social activist, a devotee, a scheduled caste person, a woman should be appointed.”
  3. A few months and several hours into the controversy, the Karkardooma Court in Delhi, appointed to deal with Delhi Riots-related cases of February 2020, will deliver its verdict on the bail application of former JNU student Umar Khalid on today.
  4. Last Week the Delhi High Court imposed costs of ₹25,000 on a man requesting transfer of his case alleging bias by the Additional Senior Civil Judge (ASCJ) hearing his matter.  (Ankur Mutreja v Aviation Employees Cooperative House Building Society Ltd)
    • “Allegations of bias against a judicial officer are not to be likely made. Even issuance of notice on such an application has serious deleterious repercussions for the judicial officer concerned. Every judicial officer is expected to act without fear or favour, affection or ill will. That is the solemn oath which every judicial officer subscribes to, at the time of entering into his office,”
    • “If a request for transfer such as this, alleging, without a scintilla of material, bias on the part of the judicial officer, is to be entertained, this Court is constrained to observe that it would be impossible for judicial officers to function dispassionately or discharge their duties without fear or favour,” 
    • “The mere fact that the petitioner may be unhappy by the manner in which the case is progressing before the trial court, is no ground for the petitioner to uproot the matter from the court in which it is pending and plant it elsewhere. If such an attitude is to be countenanced, no judicial officer would be able to function dispassionately,”
    • “I am constrained, therefore, despite the fact that the petitioner appears in person, to dismiss this petition with costs of ₹ 25,000/ – to be deposited by the petitioner with the Registry of this Court by way of a crossed cheque favouring the Delhi High Court Legal Services Committee. Let the cheque be presented within a period of one week from the date of receipt, by the petitioner, of a certified copy of this order, failing which this Court would treat it as contempt,” 
  5. Today General Counsel and Head of the Legal and Compliance team at Capital India Finance Limited  Ashutosh Narang is set to join L&L Partners as a Partner in the firm’s corporate practice.
  6. Today the Karnataka High Court stayed its 2021 order wherein it had held that in cases of sexual harassment at the workplace, an employer must follow service rules to impose major penalties such as dismissal.  (Mangalore University v. Dr Arabi U and Anr)
    • The Court had noted that the report of the Internal Complaints Committee (ICC) formed under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act (POSH Act) can serve as a fact-finding report, but cannot be the sole basis for dismissal.
    • Justice M Nagaprasanna had opined, “where the Service Rules exist, the report of the Committee becomes a fact finding report or a preliminary report, with regard to the allegation of sexual harassment and the employer becomes duty bound to proceed under the Service Rules before imposing any major penalty.”
  7. Today Union Minister Narayan Rane through his company has moved the Bombay High Court seeking quashing of the notices issued by the Brihanmumbai Municipal Corporation (BMC) on Aadish Bungalow located at Juhu, Mumbai.
  8. Today the Kerala State Road Transport Corporation (KSRTC) has filed a plea before the Kerala High Court against increase in prices for bulk diesel sold by state-owned oil marketing companies.  (Kerala State Road Transport Corporation v Union of India & Ors.)
  9. Today the Supreme Court disposed of a plea seeking the evacuation of Indian students from Ukraine, after taking note of the fact all students have been brought back to India.  (Vishal Tiwari v. Union of India)
  10. Today Senior Advocate P Wilson urged the Supreme Court to continue hearing cases through the virtual mode till regional benches of the Supreme Court are established.
  11. Today A lawyer has written to the Registrar General of the Karnataka High Court seeking initiation of suo motu contempt of court action against at least seven organisations for making various statements against judges and the Court in relation to the Hijab row verdict delivered earlier last week.
  12. Today the Delhi High Court refused to entertain a public interest litigation (PIL) petition seeking recovery of the debt owed by Pakistan to India, which allegedly now amounts to over ₹1 trillion.  (Om Sehgal v Union of India and Ors)
  13. Today Lajita Rajesh, formerly Deputy Chief Counsel at AECOM’s Asia division, has joined Cairn Oil & Gas as General Counsel.
  14. Today the Delhi High Court issued notice on a plea seeking recovery of damages from people involved in the destruction of public property that took place during the Delhi Riots of February 2020 as well as protests against the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC).  (Hinu Mahajan and Anr v Union of India and Ors)
  15. Today the Kerala High Court initiated suo motu proceedings to look into the irregularities in the conduct of auction for running auditoriums/ sadyalayams in the temples under the management of the Travancore Devaswom Board (TDB).
  16. Today the Bombay High Court reserved its verdict in the pleas filed by Telugu poet and Bhima Koregaon accused Varavara Rao seeking permanent bail and permission to move to Telangana. (P. Varavara Rao v. National Investigation Agency & Ors.)
  17. Today the Delhi High Court asked the Central government to file a status report indicating its position with respect to inoculation of children below the age of 12 years against Coronavirus.  (Tia Gupta (Minor) and Anr v Union of India and Anr)
  18. Today the Supreme Court of India has delivered a split verdict on the question of whether permission from a magistrate is needed by the police to probe the offence of revealing a victim’s identity under Section 23 of the Protection of Children from Sexual Offences (POCSO) Act. (Gangadhar Narayan Nayak vs State of Karnataka)
  19. Today the Central government stated in parliament there is no pending proposal under consideration to set up new Benches of the National Company Law Tribunal (NCLT) or the National Company Law Appellate Tribunal (NCLAT).
  20. Today the Madras High Court refused to entertain a petition challenging the decision of the Central government to trade 5 percent of its shareholding in Life Insurance Corporation (LIC) through Initial Public Offering (IPO). ( L Ponnammal v Union of India)
  21. Today the Kerala High Court held that courts should be averse to substitute its wisdom for the opinion of experts in the academic field.  (Aravind TR & Ors. v Kerala University of Health Sciences)
  22. Today Rishabh Malaviya, formerly a lawyer with Cyril Amarchand Mangaldas, has joined the Singapore International Arbitration Centre (SIAC) as Deputy Counsel.
  23. Today the Madras High Court granted interim bail to Dr Subbiah Shanmugam, former President of the Akhil Bharatiya Vidyarthi Parishad (ABVP), arrested for allegedly throwing a used mask and urinating in front of the residence of a woman. (Dr Subbiah Shanmugam v. State)
  24. Today the Delhi High Court has sought the Central government’s stand on a petition to declare all child marriages void-ab-initio (having no legal effect from inception).  (Aisha Kumari v State of NCT of Delhi and Ors)
  25. Today the Bombay High Court asked the Maharashtra government to explain why COVID-19 restrictions are continuing in the State.  (Feroze Mithiborwala v. State of Maharashtra & Ors.)

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