Today’s Legal Updates

Thursday, 2nd June 2022

Legal Awareness :- CONSTITUTION OF INDIA

Part – XV   ELECTIONS

Article – 325 No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste or sex

There shall be one general electoral roll for every territorial constituency for election to either House of Parliament or to the House or either House of the Legislature of a State and no person shall be ineligible for inclusion in any such roll or claim to be included in any special electoral roll for any such constituency on grounds only of religion, race, caste, sex or any of them.

Today’s Legal Updates :-

  1. On Thursday the Bombay High Court granted anticipatory bail to a pregnant woman booked for abetting her husband’s suicide.
    • Single-judge Justice Milind Jadhav noted that the woman was into the 25th week of her pregnancy and should, therefore, not be put under stress.
    • Rahul and the applicant were married for 8 months before the Rahul’s body was found near railway tracks in Pune.
    • Rahul was claimed that he had written a suicide note alleging that his wife betrayed him and she should be punished for his death.
    • the bench noted, That said person is yet to be identified. It could be either some person from her family, her parents, her siblings or any third person. It is to be understood that at that time the applicant was already 3.5 months pregnant. There are phone numbers given in the alleged dying declaration (written note) which requires investigation by the prosecution.
    • the judge said, However, looking at the fact that the applicant is 25 weeks pregnant and carrying a fetus, it is equally the duty of the Court to ensure that she and the fetus are also protected at this stage and she is not kept under duress or stress.
    • the judge said while granting her pre-arrest bail, Her presence can always be secured by the prosecution and the Investigating Officer, and if the need so arises the Investigating Officer can also visit her considering her medical condition.
  2. On Thursday the Gujarat High Court dismissed a plea by former Assistant Solicitor General and Senior Advocate IH Syed seeking quashing of criminal proceedings against him in an extortion case. (IH Syed v State of Gujarat)
    • Justice Samir J Dave also refused to grant any interim relief to Syed and turned down his prayer to protect him from any coercive steps by the Police.
    • In order said, No case is made out to quash the FIR / criminal proceedings at this stage while exercising the powers under Section 482 of Code of Criminal Procedure (CrPC)…… Even prayer made with regard to stay the criminal proceedings and/or no coercive steps be taken against the petitioner are also to be rejected.
    • Merely because the petitioner is an advocate is no ground not to permit the investigating agency into the allegations made against him and to quash the criminal proceedings at the threshold.
    • the Court said, The Investigating Officer must be given some reasonable time to investigate the allegations and to find out the veracity of the truth.
  3. On Wednesday the Bombay High Court granted interim stay for 3 weeks on any probe that could be initiated against Enforcement Directorate (ED) officials in relation to the investigation against businessman Jitendra Navlani.  (Enforcement Directorate v. State of Maharashtra & Ors.)
  4. On Wednesday the Delhi High Court allowed journalists and NDTV founders Prannoy Roy and Radhika Roy to travel abroad.
  5. The Central Government has notified the appointment of four additional judges of Kerala High Court as permanent judges of that Court.
  6. The High Court of Jammu & Kashmir and Ladakh has granted bail to Rajesh Kumar Abrol (appellant), a sub-judge, who was convicted by a fast track court in Jammu for raping and cheating a woman who had sought legal help from him in 2018.  (Rajesh Kumar Abrol V/s UT of J&K)
  7. On Thursday A Motor Accidents Claim Tribunal (MACT) in the national capital has asked the Central and Delhi governments to develop measures to deal with motor vehicle accidents happening at a particular stretch of the city, infamously known as the “killer stretch.” (Aradhana & Ors. (LRs of Kamlesh Dubey) v. Untraced and Pushpa & Ors. (LRs of Omkar) v. Untraced)
  8. On Thursday the Supreme Court reiterated that extra-judicial confession is a weak piece of evidence and when made by the co-accused, it can be admitted only as a corroborative piece of evidence.  (Chandrapal v. State of Chhattisgarh)
  9. On Thursday the working strength of the Delhi High Court increased to 47 with the swearing-in of three more judges are Justices Purushaindra Kumar Kaurav, Anish Dayal and Amit Sharma taking oath.
  10. On Thursday the Directorate of Enforcement (ED) has approached the Delhi High Court challenging the condition imposed by a special court that a counsel should be present with Delhi Minister Satyendar Jain while he is being interrogated by the agency.
  11. On Thursday the Kerala High Court Advocates’ Association (KHCAA) has asked junior lawyers and law interns to maintain decorum and follow the dress code prescribed for lawyers by the Bar Council of India (BCI) and the Kerala High Court.
  12. On Thursday Delhi-based lawyer Mayank Mittal moved the Saket District Court claiming that he was assaulted by police officials at the Hauz Khas Police Station.
  13. On Wednesday the Delhi High Court issued notice to Delhi University (DU) and St Stephen’s College on a public interest litigation (PIL) petition challenging the college’s decision to hold interviews in order to admit students on general seats as opposed to Delhi University.  (Konika Poddar v. St. Stephen’s College & Ors.)
  14. On Thursday the Central government is likely to merge the National Anti-Profiteering Authority (NAA), the Goods and Services Tax (GST) watchdog, with the Competition Commission of India (CCI) by end of the year.
  15. On Thursday Managing Counsel – Real Estate for the Asia Pacific region at General Electric (GE), Vani Mehta has taken over as General Counsel of the organization for South Asia.
  16. On Friday the Delhi High Court issued notice to the Central government on a plea by FMCG company Emami challenging the stay imposed by Ministry of Ayush on the company’s Chyawanprash advertisement campaign that claimed that ordinary Chyawanprash has 50 percent sugar.
  17. Shardul Amarchand Mangaldas has promoted102 of its lawyers across practice areas and offices.
  18. On Tuesday the Allahabad High Court directed the Uttar Pradesh Chief Secretary to ask the State Cabinet on whether there was a requirement to have so many Additional Advocates General (AAG) and Chief Standing Counsel (CSC) to defend the State in court. (Ishan International Educational Society Through its Director v. Mukul Singhal Principal Secretary)
  19. On Friday the Supreme Court will deliver its verdict in a plea relating to construction around the Jagannath Puri Temple that is allegedly causing cracks in its foundations.  (Ardhendu Kumar Das and anr v. State of Odisha and ors)
  20. On Wednesday the Central Government notified the appointment of Jammu-based Senior Advocate Wasim Sadiq Nargal as an Additional Judge of the High Court of Jammu & Kashmir and Ladakh for a period of two years.
  21. The All Assam Lawyer’s Association (AALA) has written to the Acting Chief Justice of the Gauhati High Court registering its protest against the recently notified list of new Senior Advocates.
  22. On Wednesday the Punjab & Haryana High Court ordered that no coercive steps be taken against Bollywood actress Raveena Tandon, filmmaker Farah Khan and comedian Bharti Singh in relation to a First Information Report (FIR) lodged against them for the offence of hurting religious sentiments. (Raveena Tandon v. State of Punjab)
    • Khan had hosted a show called Backbenchers, released by Flipkart, where she invited celebrities and tested their general knowledge. The complainants had taken issued with comments made during an episode telecast on November 30, 2019.
    • the allegations against the petitioners were that they hurt the religious sentiments of the Christian community by comparing the word “Hallelujah” with a vulgar word, and disrespected it.
    • Learned counsel for the petitioners is directed to supply a complete set of paper book to the learned State counsel during the course of the day. Till then, no coercive steps shall be taken against the petitioners.
  23. On Thursday the Karnataka High Court granted anticipatory bail to a couple who were booked for marrying their adult son to a minor girl.  (Gangulappa Narasappa & Anr. v State of Karnataka)
    • Having considered the factual aspect of the matter and the peculiar circumstances of the case as the complaint is given by the Head Master and not by parents of the victim girl against these petitioners that they performed the marriage of the minor with their son Since there is no allegations of subjecting the minor girl for sexual act, it is appropriate to exercise powers under Section 438 of CrPC.
    • They were booked for charges under Section 376(2)(i)(n) (repeated rape of a woman) of the Indian Penal Code, Sections 5(L) (repeated penetrative sexual assault on minor), 5(m) (penetrative sexual assault of child below 12 years), 6 (aggravated sexual assault) of the Protection of Children from Sexual Offences (POCSO) Act and Sections 9 and 10 of the Prohibition of Child Marriage Act.
    • Justice HP Sandesh opined that since there were no allegations of having subjected the minor girl to any sexual acts, it was appropriate to grant anticipatory bail to the couple.
    • The Court opined that since the minor girl clearly said that there was no sexual act, only Section 10 (performing, conducting, abetting child marriage) of the Prohibition of Child Marriage Act will be invoked against the petitioners.
    •  it ordered that the petitioners be released on bail in the event of their arrest on furnishing of personal bonds of ₹2 lakh each with sureties of the same amount.
  24. On Thursday the Central Bureau of Investigation (CBI) filed its chargesheet in a Mumbai court against former Maharashtra Home Minister Anil Deshmukh and his two associates in a corruption case against them.

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