Thursday, 22nd February 2024

The Constitution is not a mere Lawyers Document, it is a Vehicle of Life, and its Spirit is always the Spirit of Age.

Notes: – UN predicts groundwater level in India will reduce to ‘low’ by 2025.’

Legal Awareness: – CONSTITUTION OF INDIA

Part – XIX MISCELLANEOUS

Article – 366 Definitions

In this Constitution, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say—

  1. Agricultural income” means agricultural income as defined for the purposes of the enactments relating to Indian income-tax.
  2. an Anglo-Indian” means a person whose father or any of whose other male progenitors in the male line is or was of European descent but who is domiciled within the territory of India and is or was born within such territory of parents habitually resident therein and not established there for temporary purposes only.
  3. article” means an article of this Constitution.
  4. borrow” includes the raising of money by the grant of annuities, and “loan” shall be construed accordingly.
  5. clause” means a clause of the article in which the expression occurs.
  6. Corporation tax” means any tax on income, so far as that tax is payable by companies and is a tax in the case of which the following conditions are fulfilled: —
    1. that it is not chargeable in respect of agricultural income.
    2. that no deduction in respect of the tax paid by companies is, by any enactments which may apply to the tax, authorised to be made from dividends payable by the companies to individuals.
    3. that no provision exists for taking the tax so paid into account in computing for the purposes of Indian income-tax the total income of individuals receiving such dividends, or in computing the Indian income-tax payable by, or refundable to, such individuals.
  7. Corresponding Province”, “corresponding Indian State” or “corresponding State” means in cases of doubt such Province, Indian State or State as may be determined by the President to be the corresponding Province, the corresponding Indian State or the corresponding State, as the case may be, for the particular purpose in question.
  8. debt” includes any liability in respect of any obligation to repay capital sums by way of annuities and any liability under any guarantee, and “debt charges” shall be construed accordingly.
  9. Estate duty” means a duty to be assessed on or by reference to the principal value, ascertained in accordance with such rules as may be prescribed by or under laws made by Parliament or the Legislature of a State relating to the duty, of all property passing upon death or deemed, under the provisions of the said laws, so to pass.
  10. Existing law” means any law, Ordinance, order, bye-law, rule or regulation passed or made before the commencement of this Constitution by any Legislature, authority or person having power to make such a law, Ordinance, order, bye-law, rule or regulation.
  11. Federal Court” means the Federal Court constituted under the Government of India Act, 1935.
  12. goods” includes all materials, commodities, and articles.
  13. guarantee” includes any obligation undertaken before the commencement of this Constitution to make payments in the event of the profits of an undertaking falling short of a specified amount.
  14. High Court” means any Court which is deemed for the purposes of this Constitution to be a High Court for any State and includes— (a) any Court in the territory of India constituted or reconstituted under this Constitution as a High Court, and (b) any other Court in the territory of India which may be declared by Parliament by law to be a High Court for all or any of the purposes of this Constitution.
  15. Indian State” means any territory which the Government of the Dominion of India recognised as such a State.
  16. Part” means a Part of this Constitution.
  17. pension” means a pension, whether contributory or not, of any kind whatsoever payable to or in respect of any person, and includes retired pay so payable; a gratuity so payable and any sum or sums so payable by way of the return, with or without interest thereon or any other addition thereto, of subscriptions to a provident fund.
  18. Proclamation of Emergency” means a Proclamation issued under clause (1) of article 352;
  19. Public notification” means a notification in the Gazette of India, or, as the case may be, the Official
  20. Gazette of a State.
  21. railway” does not include—
    1. a tramway wholly within a municipal area, or
    2. any other line of communication wholly situate in one State and declared by Parliament by law not to be a railway.
  22. Ruler” means the Prince, Chief or other person who, at any time before the commencement of the Constitution (Twenty-sixth Amendment) Act, 1971, was recognised by the President as the Ruler of an Indian State or any person who, at any time before such commencement, was recognised by the President as the successor of such Ruler.
  23. Schedule” means a Schedule to this Constitution.
  24. Scheduled Castes” means such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed under article 341 to be Scheduled Castes for the purposes of this Constitution.
  25. Scheduled Tribes” means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under article 342 to be Scheduled Tribes for the purposes of this Constitution.
  26. securities” includes stock.
  27. sub-clause” means a sub-clause of the clause in which the expression occurs.
  28. taxation” includes the imposition of any tax or impost, whether general or local or special, and “tax” shall be construed accordingly.
  29. tax on income” includes a tax in the nature of an excess profits tax.
    • (29A) “tax on the sale or purchase of goods” includes—
      1. a tax on the transfer, otherwise than in pursuance of a contract, of property in any goods for cash, deferred payment or other valuable consideration;
      2. a tax on the transfer of property in goods (whether as goods or in some other form) involved in the execution of a works contract;
      3. a tax on the delivery of goods on hirepurchase or any system of payment by instalments.
      4. a tax on the transfer of the right to use any goods for any purpose (whether or not for a specified period) for cash, deferred payment or other valuable consideration;
      5. a tax on the supply of goods by any unincorporated association or body of persons to a member thereof for cash, deferred payment or other valuable consideration;
      6. a tax on the supply, by way of or as part of any service or in any other manner whatsoever, of goods, being food or any other article for human consumption or any drink (whether or not intoxicating), where such supply or service, is for cash, deferred payment or other valuable consideration, and such transfer, delivery or supply of any goods shall be deemed to be a sale of those goods by the person making the transfer, delivery or supply and a purchase of those goods by the person to whom such transfer, delivery or supply is made;]
  30. Union territory” means any Union territory specified in the First Schedule and includes any other territory comprised within the territory of India but not specified in that Schedule.

Today’s Legal Updates: 

  1. On Thursday, 22nd February Former Supreme Court judge Justice KM Joseph lamented the loss of lives and destruction of religious places in Manipur in the recent communal riots and said that the same does not bode well for secularism in India.
  2. On Thursday, 22nd February Former Supreme Court judge Justice KM Joseph said that creating a vote bank out of minorities is a violation of the concept of secularism as voting driven by religious identity affects the ability to rationally analyse the pros and cons of political parties.
  3. On Thursday, 22nd February Former Supreme Court judge Justice KM Joseph said Indian Constitution envisages secularism as one of its basic features regardless of whether the word ‘secularism’ is explicitly mentioned in the preamble of the Constitution.
  4. On Thursday, 22nd February the Supreme Court refused to direct the Central government to frame a national policy for setting up subsidised canteens or community kitchens across the country. (Anun Dhawan & ors v. Union of India & ors)
  5. Recently the Supreme Court cautioned Litigants need to be careful while filing the pleadings in their cases with the court registry to avoid disastrous errors. (Tehsildar Urban Improvement Trust and anr vs Ganga Bai Menariya and ors)
  6. On Thursday, 22nd February Chief Justice of India (CJI) DY Chandrachud inaugurated a AYUSH Holistic Wellness Centre in the Supreme Court premises.
  7. On Thursday Morning A sense of collective grief was palpable inside Delhi’s Parsi Cemetery, where members of the legal fraternity and others gathered to pay respects to the doyen of the Bar, Fali S Nariman.
    • The hall was full by the time prayers began at around 10 AM.
    • At around this time, some of the most prominent names in the field of law—all carrying with them floral bouquets and a deep sense of reverence—converged at the cemetery in honour of the great Indian jurist.
    • Among those who came to pay their respects were also former Chief Justice of India Justice UU Lalit, former Supreme Court Judges Justices Madan B Lokur, Swatanter Kumar, Adarsh Kumar Goel, Kurian Joseph and A K Sikri.
    • Also present were Delhi High Court Sitting judges, Acting Chief Justice Manmohan besides Justices Rajiv Shakder, Suresh Kait, Pratibha M Singh, Prateek Jalan and Anup Jairam Bhambhani.
    • Among prominent lawyers present were senior lawyers Kapil Sibal, Mukul Rohatgi, Arvind Datar, Maninder Singh, Pinky Anand, Sidharth Luthra, Huzefa Ahmadi, Shyam Divan, Madhavi Divan, Sanjay Hegde, Siddhartha Dave, Vivek Tankha and Vikas Pahwa . Former cabinet minister Subramanian Swamy and historian S Irfan Habib also came to pay their respects.
    • Former Jammu & Kashmir High Court Chief Justice Gita Mittal said that Posterity will remember him not only for erudition and legal acumen, but also for his humility and simplicity apart from honesty and commitment to principles.
    • Senior Advocate Pinky Anand said that His razor-sharp intellect was intertwined with a photographic memory and a wit to boot. His mind was crystal clear and tinged with very grounded rules of life including his penning diligently his thoughts on paper in the Supreme Court library on his own. I have fond memories of him with us at the Harvard Langdell library quite a few years back, working with him and his generous warmth. We will miss him.
  8. Recently the Madras High Court permitted a Hindu woman and her daughter to perform the final rituals as per Hindus customs of her deceased Muslim husband. (A Abdul Malik vs The District Collector)
  9. The Consortium of National Law Universities (NLUs) has elected a new President and a Vice-President.
    • President prof. Dr VC Vivekanandan
    • Vice-President prof. Dr S Shanthakumar
  10. On Thursday, 22nd February the Executive Committee (EC) of the Punjab and Haryana High Court Bar Association resolved to abstain from work on Friday, February 23 to protest the death of a 21-year-old farmer during the farmers protests and ‘Dilli Chalo’ march.
  11. On Thursday, 22nd February the Delhi High Court disposed of an appeal filed by BharatPe co-founder Shashvat Nakrani against an order refusing to restrain the firm’s former Managing Director Ashneer Grover from selling or alienating the shares in the company that Nakrani sold to him.  (Shashvat Nakrani v Ashneer Grover)
  12. On Thursday, 22nd February the West Bengal government told the Calcutta High Court that the naming of two lions in the Bengal Safari Park as Sita and Akbar was done by the Tripura Zoo authorities’ way back in 2016 and 2018 before the lions were recently transferred to the Bengal Safari Park in Siliguri.  (Vishwa Hindu Parishad vs State of West Bengal)
  13. On Thursday, 22nd February the Calcutta High Court granted bail to Republic TV journalist Santu Pan who was arrested while reporting live from the Sandeshkhali area in West Bengal.
  14. Recently the Manipur High Court has deleted its direction to the State government to consider including the Meitei community in the list of the Scheduled Tribes (STs), months after the verdict sparked violence in the State. (Mutum Churamani Meetei vs State of Manipur and ors)
  15. Recently the Rajasthan High Court remarked that while a critical analysis of a judgment in the right perspective is appreciated, the practice of casting aspersions on judges must be deprecated. (Babulal vs. Shri Mahaveer Jain Swetamber Pedhi(Trust))
  16. On Thursday, 22nd February the Bombay High Court ordered Netflix to arrange a pre-release screening for the Central Bureau of Investigation (CBI) of the documentary series “The Indrani Mukerjea Story: Buried Truth.”  (CBI v. Netflix India & Ors.)
  17. On Thursday, 22nd February the Bombay High Court quashed the Look Out Circulars (LOCs) pending against actor Rhea Chakraborty, her brother Showik Chakraborty and their father in relation to the ongoing probe into actor Sushant Singh Rajput’s death.
  18. On Thursday, 22nd February the Delhi High Court stayed a single-judge order which held that held that if an investigation under the Prevention of Money Laundering Act (PMLA) goes beyond 365 days and does not result in any prosecution complaint, the Enforcement Directorate (ED) must return the property seized during the probe.  (Directorate of Enforcement & Anr v. Mahender Kumar Khandelwal)
  19. On Thursday, 22nd February the Delhi High Court reserved its order on a plea by Trinamool Congress (TMC) leader Mahua Moitra to restrain the Enforcement Directorate (ED) from leaking sensitive and unverified information to the media in relation to the agency’s investigation against her for an alleged violation of the Foreign Exchange Maintenance Act, 1999 (FEMA).
  20. On Wednesday, 21st February the Kerala High Court directed that the survivor in the 2017 actress assault case should be provided a copy of the fact-finding report on allegations of unauthorised access to the digital evidence.

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