Today’s Legal Updates

Wednesday, 3rd August 2022

Legal Awareness :- CONSTITUTION OF INDIA

Part – V THE UNION

CHAPTER- II  PARLIAMENT  (General)

Article – 80  Composition of the Council of States.

  1. The Council of States] shall consist of—
    1. twelve members to be nominated by the President in accordance with the provisions of clause (3); and
    2. not more than two hundred and thirty-eight representatives of the States [and of the Union territories].
  2. The allocation of seats in the Council of States to be filled by representatives of the States [and of the Union territories] shall be in accordance with the provisions in that behalf contained in the Fourth Schedule.
  3. The members to be nominated by the President under sub-clause (a) of clause (1) shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely:—
    Literature, science, art and social service.
  4. The representatives of each State in the Council of States shall be elected by the elected members of the Legislative Assembly of the State in accordance with the system of proportional representation by means of the single transferable vote.
  5. The representatives of the [Union territories] in the Council of States shall be chosen in such manner as Parliament may by law prescribe.

Today’s Legal Updates :-

  1. On Wednesday the Bar Council of India (BCI) has told the Supreme Court that it has resolved to make it mandatory for those who have cleared the All India Bar Exam (AIBE), but have since been involved in non-judicial/ legal work, to re-appear for the examination if they stay out of law practice for more than 5 years.  (Bar Council of India vs Twinkle Rahul Mangaonkar)
  2. On Wednesday the Supreme Court ordered that the polls for an interim body to head the All India Football Federation (AIFF) be conducted expeditiously in line with the draft constitution in place.  (All India Football Federation vs Rahul Mehra and ors)
  3. On Wednesday the Supreme Court took an unfavourable view of the arguments by Chief Minister Eknath Shinde’s camp that the petitions by Uddhav Thackeray camp on disqualification of Shinde faction MLAs and the proceedings before Election Commission with regard to Shiv Sena symbol, are not maintainable.
  4. On Wednesday the Karnataka High Court said Firecrackers apart from being a health hazard also causes enormous environmental pollution while upholding the ban on sale of firecrackers in congested areas of Bangalore.  (M/s Madhi Trading Co. v The Joint Chief Controller of Explosives)
  5. On Wednesday the Delhi High Court has imposed costs of ₹10 lakh on an NGO for filing a Public Interest Litigation (PIL) to ‘blackmail’ builders and for suppressing the fact that it had filed a petition earlier on the similar issue.  (New Rise Foundation Regd Charitable Trust v Municipal Corporation Delhi and Ors)
    • the Court ordered, In the considered opinion of this Court, the present petition is nothing but a sheer abuse of the process of law and therefore, this Court is of the opinion that the present petition deserves to be dismissed at admission stage itself with costs of ₹10,00,000/- (Rupees Ten Lakhs) to be paid to the Army War Widows Fund within a period of 30 days from today.
    • the Court directed, The Registrar General shall monitor the recovery as ordered by this Court. The Petitioner shall appear before the Registrar General for reporting compliance on 02.09.2022.
  6. On Wednesday the Delhi High Court  has held that even illegal slum dwellers cannot be evicted from their homes with bulldozers early in the morning or late evening without any notice, rendering them completely shelter-less. (Shakarpur Slum Union v DDA)
    • the court said, The action of DDA in removing a person, whom they claim to be an encroacher, overnight from his residence, also cannot be accepted. The DDA has to act in consultation with the DUSIB before embarking upon any such venture and persons cannot be evicted with a bulldozer at their door step early in the morning or late in the evening, without any notice, rendering them completely shelter-less.
    • the court said, As the NGT has assumed jurisdiction of the sensitive issue pertaining to the resuscitation and rejuvenation of the Yamuna floodplains, this Court does not deem it appropriate to disturb the same by way of a mandamus to the DDA to allow DUSIB to conduct a survey.
  7. On Tuesday the Kerala High Court observed that merely because an accused has been held liable to be punished under Section 498A of the Indian Penal Code (IPC), does not automatically mean that he must also be held guilty of having abetted the commission of suicide by the woman concerned under Section 306 IPC.  (Ajayakumar & Anr. v State of Kerala)
    • the Court said, Though, depending on the facts and circumstances of an individual case, subjecting a woman to cruelty may amount to an offence under Section 498A and may also, if a course of conduct amounting to cruelty is established leaving no other option for the woman except to commit suicide, amount to abetment to commit suicide. However, merely because an accused has been held liable to be punished under Section 498A, I.P.C, it does not follow that on the same evidence he must also and necessarily be held guilty of having abetted the commission of suicide by the woman concerned.
    • the Court made it clear, Only because the burden of proof under certain circumstances is placed on the accused, the same, by itself, would not render the impugned provisions unconstitutional.
    • the Court observed that, once the prosecution succeeded in establishing that the death of the lady was the outcome of cruelty or harassment by her husband or any relative of her husband soon before her death within a period of 7 years of her marriage, only then is the burden cast on the accused, to disprove and if he fails to rebut the presumption under Section 113B of the Evidence Act, the court is bound to act on it.
    • the court found that the prosecution successfully established the following fundamental constituents for attracting the provisions of Section 304B against the husband:
      • death of a woman should have occurred otherwise than under normal circumstances.
      • within 7 years of her marriage.
      • soon before her death she should have been subjected to cruelty or harassment by the accused.
      • in connection with any demand for dowry to presume that the accused has committed dowry death.
  8. On Wednesday the Bombay High Court sought Maharashtra government’s response on a plea assailing decision of Eknath Shinde-led Maharashtra government to stay or cancel appointment of certain retired government officials to the Maharashtra State Scheduled Castes and Scheduled Tribes Commission.
  9. On Wednesday the Bombay High Court sought Maharashtra government’s response on a plea assailing decision of Eknath Shinde-led Maharashtra government to stay or cancel appointment of certain retired government officials to the Maharashtra State Scheduled Castes and Scheduled Tribes Commission.
  10. On Wednesday A petition has been filed before the Supreme Court stating that there is large scale violation of Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996 which prohibit determination of sex of a foetus foetus.
  11. On Wednesday A rape accused has moved the Kerala High Court seeking orders to preserve and protect his right to privacy and dignity until the conclusion of his trial in the case.
  12. On Wednesday the meeting of the Supreme Court Collegium held did not make any headway with the judges body deciding to defer all decisions until the next Chief Justice of India (CJI) assumes office.
    • The next set of recommendations will be when the next Collegium regime takes over.
  13. On Wednesday the Delhi High Court suspended the sentence of former Haryana Chief Minister Om Prakash Chautala in the disproportionate assets case effectively paving the way for his release from jail.
  14. On Wednesday the Central government has moved to withdraw the Personal Data Protection Bill, 2019 (PDP Bill), which is pending in the Lok Sabha, pursuant to the new recommendations made by the Joint Committee of Parliament (JCP).
  15. On Wednesday the Bombay High Court lamented, the sorry state of affairs when it comes to the upkeep and hygiene of toilets in some of the government aided schools is a violation of human right of girls students to live with dignity. (Nikita Narayan Gore v. Union of India)
  16. On Sunday Justice Sanjay Kishan Kaul of the Supreme Court urged members of the bar and judiciary to endeavour to ensure speedy resolution of cases in order to tackle the issue of pendency.
  17. On Wednesday the Delhi High Court issued notice to the National Investigation Agency (NIA) on a plea by hardliner Kashmiri separatist and Dukhtaran-e-Millat chief Asiya Andrabi challenging the agency’s decision to seize her Srinagar house.
  18. On Monday the Uttar Pradesh government terminated the services of 841 law officers engaged to appear for the State at both benches of the Allahabad High Court, with immediate effect.
  19. On Tuesday the Kerala High Court directed the Police Commissioner of Kochi to take action against traffic police personnel who are found to be using mobile phones while on duty, unless the same is for emergency or official calls.  (Aboobacker KA & Ors. v Joint Regional Transport Officer)
  20. On 5th August 2022 Vidhi Centre for Legal Policy is launching its first digital book ‘Hamīñ Ast? A Biography of Article 370‘.
  21. On Wednesday the Bombay High Court transferred the investigation into the murder of Communist Party of India politician Govind Pansare to the Maharashtra Anti-Terrorism Squad (ATS).
  22. On Wednesday the Central government told the Supreme Court that freebies and populist promises by political parties have an adverse impact on economy and that is what often lead to economic disasters.
  23. On Wednesday the Central Government has notified the appointment of a lawyer as a judge of the Telangana High Court.
  24. On Wednesday the Kerala High Court temporarily stayed a case of alleged underwear evidence tampering against Antony Raju, the State Transport Minister and leader of the Janadhipathya Kerala Congress party, which is part of the ruling Left Democratic Front coalition. (Adv. Antony Raju v State of Keraa & Anr.)
  25. On Tuesday the Lucknow Bench of the Allahabad High Court reserved its verdict in a bail application moved by journalist Siddique Kappan who has been booked under the Unlawful Activities Prevention Act (UAPA). (Sidhique Kappan v State Of UP)
  26. On Tuesday the Maharashtra State Electricity Transmission Company Ltd. (MahaTransco) told the Bombay High Court, there is no constitutional, statutory provision or government decision mandating reservation in jobs for the transgender community.

Legal Prudent Fraternity