Today’s Legal Updates

Saturday & Sunday, 22nd & 23rd January 2022

Legal Awareness :- RESPONSIBILITIES OF CONSUMERS

  • BEFORE BUYING
    • Planning in advance
    • Enquiring past performance of product / service
    • Enquiring about reputation and past performance of producer / seller / service provider
  • WHILE BUYING
    • Asking for demonstration regarding how to operate / use the product/service
    • Enquiring about after-sales service and ensuring availability, phone number, address and e.mail of service center
    • Reading and knowing the contents of guarantee / warranty card
    • Insisting for approved sale bill with serial number, address, phone number, etc.
    • Obtaining guarantee / warranty card and getting it signed/sealed by dealer
  • AFTER BUYING
    • Using products as per instruction given in user manual
    • Keeping bills and guarantee card safely
    • In case of fault inform dealer and service center. Do not meddle or repair yourself
    • Keeping record for all correspondences
    • Seek immediate redressal of deficiency in product

Saturday, 22nd January 2022

  1. Today the Metropolitan Magistrate Court Mumbai remanded three Haryana natives, Aakash Suyal, Jaishnav Kakkar and Yash Parashar, accused in the Clubhouse app case to police custody till January 24, 2022 for allegedly making derogatory remarks against women on the app.
    • The three were arrested by Mumbai Police based on a complaint by two women who claimed they were defamed after their images had been discussed by several persons in the chatroom of the Clubhouse mobile application.
  2. Today the Metropolitan Magistrate at Bandra Mumbai remanded, Neeraj Singh accused in the Bulli Bai case, to police custody till January 27.
  3. Today the Patiala House Court Delhi observed that the conduct of accused persons behind the Bulli Bai app is against the Constitutional ethos of secularism and fraternity that ensures modesty of women, while rejecting the anticipatory bail plea of accused Vishal Jha. (Vishal Sudhirkumar Jha v. State)
  4. Today a Public Interest Litigation petition has been filed before the Supreme Court seeking directions to Election Commission of India to seize election symbol and deregister political parties, which promise/distribute irrational freebies using public funds before elections.
  5. Today the National Company Law Appellate Tribunal (NCLAT) has approved the resolution plan of ArcelorMittal for Odisha Slurry Pipeline Infrastructure Limited (OSPIL) while dismissing an appeal filed by several parties including SREI Infrastructure Finance Ltd. (SFIL).  (SREI Infrastructure Finance Ltd. v. Ashish Chhawchharia & Ors.pdf)
  6. A plea has been filed before the Uttarakhand High Court seeking quashing of the first information report (FIR) registered over the hate speeches delivered at the Haridwar Dharam Sansad last month by Yati Narsinghanand and others. (Swami Prabodhanand Giri v State of Uttarakhand and Ors)
  7. Today the Kerala High Court granted interim protection from arrest to Malayalam cine actor Dileep till January 27 in a case registered against him by the Kerala Police, in which he has been booked for conspiring to kill police officers who were investigating a sexual assault case against him.  (P Gopalakrishnan alias Dileep & Ors. v State of Kerala & Ors.)
  8. No candidate has qualified in the written examination held in September 2019 for direct recruitment of District Judges to Jammu and Kashmir higher judicial service. According to a notification issued by the Registrar General of the High Court of Jammu and Kashmir and Ladakh, 217 candidates had appeared in the written examination but none secured the qualifying marks of 96 for general category and 80 for reserved cateogry.
  9. Today the Gujarat High Court issued a Standard Operating Procedure (SOP) for the functioning of subordinate courts in the state with effect from January 24 till further orders, to ensure that there is no congregation in the court complex and to avoid the spread of Covid-19 in the court complexes.
  10. The Delhi High Court has observed that the delay in constitution of State Consumer Welfare Fund is a violation of the statute which is causing inconvenience to the public at large.

Sunday, 23rd January 2022

  1. On Friday the Delhi High Court called for the framing of a policy and mechanism for chartered accountants to disclose criminal cases or convictions against them on a periodic basis.  (Mohit Bansal v Institute of Chartered Accountants of India and Anr)
  2. The Supreme Court held that when a person’s land is acquired, he should be paid compensation immediately after he is deprived of possession.  (Gayabhai Digambar Puri (Died) Through LR v. The Executive Engineer and Others)
  3. The Delhi High Court reaffirmed recovery of weapon used for the commission of crime is not a sine qua non (essential condition) for convicting an accused.  (Saleem Khan v State (GNCTD))
  4. Today former Karnataka High Court judge Justice KL Manjunath passed away, he was appointed as an additional judge of the Karnataka High Court on December 11, 2000 and was made permanent judge on October 27, 2001, he also served as chairperson of Karnataka River Water and Border Disputes Authority.
  5. Today two Hindu organisations have moved the Supreme Court seeking investigation by a Special Investigation Team (SIT) into hate speeches against Hindus and Hindu Gods and Goddesses.  (Qurban Ali and Another v. Union of India and Others)
  6.  The Rajasthan High Court said that a writ petition against rejection of an injunction application by trial court shall not be maintainable under Articles 226 and 227 of the Constitution.  (Tej Singh and Others v. State of Rajasthan and Others)
  7. On Friday the Bombay High Court was stayed an order passed by the Debt Recovery Tribunal, Mumbai (DRT) against Kotak Mahindra bank directing that symbolic possession of a property mortgaged to the bank be handed over to Yash Birla’s son Nirvan Birla.
  8. The Tripura government has told the Supreme Court that the plea before the top court seeking intervention in hate crimes that allegedly took place in October in Tripura, was “selective” in nature since the petitioner was silent when a “larger scale communal violence” occurred in West Bengal in May 2021 after the Bengal State Assembly elections.  (Ehtesham Hashmi vs. Union of India)
  9. The National Company Law Appellate Tribunal (NCLAT) has held that a Resolution Plan is not a confidential document once it has been approved by the Adjudicating Authority (AA).  (Association of aggrieved Workmen of Jet Airways (India) Limited v Jet Airways (India) Ltd. and Ors)

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