Today’s Legal Updates

Tuesday, 24th May 2022




Article – 323 Reports of Public Service Commissions.

(1) It shall be the duty of the Union Commission to present annually to the President a report as to the
work done by the Commission and on receipt of such report the President shall cause a copy thereof together with a memorandum explaining, as respects the cases, if any, where the advice of the Commission was not accepted, the reasons for such non-acceptance to be laid before each House of Parliament.
(2) It shall be the duty of a State Commission to present annually to the Governor of the State a report as to the work done by the Commission, and it shall be the duty of a Joint Commission to present annually to the Governor of each of the States the needs of which are served by the Joint Commission a report as to the work done by the Commission in relation to that State, and in either case the Governor 2***, shall, on receipt of such report, cause a copy thereof together with a memorandum explaining, as respects the
cases, if any, where the advice of the Commission was not accepted, the reasons for such non-acceptance to be laid before the Legislature of the State.

Today’s Legal Updates :-

  1. Last Week the Supreme Court directed all High Courts to decide and dispose of within 6 months, all applications for appointment, substitution or change arbitrators which have been pending for over a year.  (Shree Vishnu Constructions v. Engineer in Chief, Military Engineering Service & Ors)
  2. On Tuesday the Supreme Court stayed the operation of the orders passed by the National Green Tribunal (NGT) on two bottling businesses in Uttar Pradesh responsible for the products of Coca Cola and PepsiCo, to pay a total of about ₹25 crores as environmental compensation for illegal extraction of groundwater.  (Moon Beverages Ltd. & Anr. v Sushil Bhatt & Ors.)
  3. On Tuesday the Supreme Court observed that the applications for appointment on compassionate grounds must be considered and decided by the authorities at the earliest, but not beyond a period of six months from the date of submission of such completed applications.  (Malaya Nanda Sethy v. State of Orissa and Others)
  4. On Tuesday the Allahabad High Court held that in matters relating to condonation of delay, the court has to adopt a liberal approach and when the delay is sufficiently explained, an application ought not to be rejected on hyper-technical reasoning.  (Ashok Singh v State of UP)
  5. On Tuesday A public interest litigation (PIL) petition has been filed before the Delhi High Court seeking equal status for national song ‘Vande Mataram’ with the national anthem ‘Jana Gana Mana’.
  6. On Monday the National Company Law Tribunal (NCLT), Delhi held that the Corporate Insolvency Resolution Process (CIRP) cannot be initiated solely on the basis of unpaid interest when the corporate debtor has discharged the principal amount. (Saraf Chits Private Limited v. VKSS International Private Limited)
  7. On Tuesday the Punjab & Haryana High Court refused to quash a First Information Report (FIR) registered under the Protection of Children from Sexual Offences (POCSO) Act on the basis of a compromise effected by the parents of the victim.  (Surinder Kumar v. State of Haryana)
  8. On Tuesday the Kerala High Court observed that even though the press has the duty to inform the public about crimes, reasonable restrictions need to be in place restraining it from publishing material in criminal trials which sensationalises news.  (Indo Asian News Channel Pvt. Ltd. v TN Suraj & Ors.)
  9. On Tuesday A Public Interest Litigation (PIL) has been filed in the Delhi High Court seeking investigation by a Special Investigation Team (SIT) into the ‘fit and proper’ status of Hindujas as promoters of IndusInd Bank.
  10. On Tuesday the Madurai Bench of the Madras High Court lamented the growing trend of petitions being filed against police officials whenever a criminal case was registered.  (Amutha v. The Additional Principal Secretary)
  11. On Tuesday the National Company Law Tribunal (NCLT) held that an operational credit cannot be converted into a financial debt by way of a Memorandum of Understanding (MoU) if the financial creditor is not eligible to advance a loan as per the terms of Section 186 of the Companies Act. (Jambudwip Exports and Imports Limited v. UP Bone Mills Private Limited)
  12. On Tuesday A Delhi Court reserved the plea challenging the decision of a civil court dismissing a suit seeking restoration of Hindu and Jain temples at the Qutub Minar complex in the capital.
  13. On Tuesday A fresh suit has been filed before a civil court in Varanasi seeking removal of the Gyanvapi mosque.
  14. On Tuesday the Kerala actress who was sexually assaulted allegedly at the behest of cine actor Dileep, has moved the Kerala High Court alleging foul play in the investigation of the sensational case.
  15. On Tuesday A Kerala court sentenced Kiran Kumar, the convict in the dowry death case of his wife Vismaya, to ten years imprisonment and fine of ₹12.5 lakh.
  16. On Tuesday in its bid to boost the victim protection system for sexual assault survivors, the Kerala High Court suggested steps to be taken by the State government and sought its response on whether the same could be effectively implemented.
  17. Last Week the Jammu and Kashmir and Ladakh High Court, refused to grant bail to a 63-year-old woman booked for aiding her 65-year-old husband to commit rape on a minor girl, observing that just because she is an old lady she isn’t entitled to get any relief.  (Zubeeda vs Union Territory of J & K)
  18. On Tuesday the Archaeological Survey of India (ASI) has told a Delhi court that though there was no denial about existence of Hindu sculptures inside the Qutub Minar complex, a fundamental right to workshop can’t be claimed with respect to the protected monument.
  19. On Tuesday the Delhi High Court issued notice in a petition filed by the Punjab Police seeking quashing of the first information report (FIR) registered by the Delhi Police against it in relation to the recent arrest of BJP spokesperson Tajinder Pal Singh Bagga.
  20. Medha Somaiya, wife of Bharatiya Janata Party (BJP) leader Kirit Somaiya has filed a civil defamation suit in Bombay High Court against Shiv Sena leader and Rajya Sabha member Sanjay Raut seeking ₹100 crores damages for printing an allegedly defamatory article in Marathi newspaper ‘Saamna’.
  21. On Monday the Calcutta High Court said Jute industry is nation’s pride and it is important for all stakeholders to not only save but revive the jute industry. (Indian Jute Mills Association vs Union Of India)

Legal Prudent Fraternity