Today’s Legal Updates

Friday, 3rd March 2023

Legal Awareness: – CONSTITUTION OF INDIA

Part – Vl THE STATES

CHAPTER- IITHE STATE LEGISLATURE

Legislative Procedure

Article – 201 Bills reserved for consideration.

When a Bill is reserved by a Governor for the consideration of the President, the President shall declare either that he assents to the Bill or that he withholds assent therefrom:
Provided that, where the Bill is not a Money Bill, the President may direct the Governor to return the Bill to the House or, as the case may be, the Houses of the Legislature of the State together with such a message as is mentioned in the first proviso to article 200 and, when a Bill is so returned, the House or Houses shall reconsider it accordingly within a period of six months from the date of receipt of such message and, if it is again passed by the House or Houses with or without amendment, it shall be presented again to the President for his consideration.

Today’s Legal Updates: 

  1. On Friday the Delhi High Court granted bail to Mumbai based stockbroker Chandra Prakash Khandelwal, an accused in the money laundering case connected to the PACL chit-fund scam.
  2. On Friday the Delhi High Court has dismissed an application by the owner of the website, Sci-Hub, Alexandra Elbakyan, for the dismissal of a lawsuit filed by publishing houses, Elsevier, Wiley and American Chemical Society over claims of copyright infringement and online piracy.  (Elsevier Ltd. and ors. v. Alexandra Elbakyan and ors.)
  3. On Thursday the Bombay High Court sought the response of State of Maharashtra and Brihanmumbai Municipal Corporation (BMC) on a public interest litigation (PIL) petition to allow parking of vehicles under bridges and flyovers when alternative public parking spaces are not available within 200 meters of such bridges and flyovers. 
  4. The Madras High Court has issued an interim stay on the execution of portions of the Arumughaswamy Commission of Inquiry report that had indicted and recommended an investigation against former State Health Minister, C Vijayabaskar in connection with the death of former Tamil Nadu Chief Minister, J Jayalalithaa.  (Dr C Vijayabaskar v The State)
  5. On Friday the Supreme Court said that it will constitute a bench to hear the Hijab case which deals with the Karnataka’s ban on Muslim girl students wearing the hijab (headscarf) in college campus.
  6. On Wednesday the Enforcement Directorate (ED) conducted a raid at the residence of Advocate Sanjay Basu, who is Standing Counsel for the West Bengal government in the Supreme Court.
    • Basu is the founding partner of AQUILAW with offices in Kolkata, New Delhi and Mumbai.
  7. On Friday morning Former Additional Solicitor General of India (ASG) Satyabrata Mookherjee, father of current West Bengal Advocate General SN (Gopal) Mookherjee, passed away.
  8. On Friday the Bombay High Court quashed a case registered under the Protection of Children against Sexual Offences (POCSO) Act against a 19-year-old man after the victim’s mother granted consent for the same.  (Shiva Chanappa Odala v. State of Maharashtra & Anr)
  9. On Friday the Central government notified the appointment of ten additional judges of the Allahabad High Court as permanent judges of that court.
  10. On Friday the Central government notified the appointment of four additional judges of the Bombay High Court as permanent judges.
    • Justice RN Laddha
    • Justice SG Mehare
    • Justice GA Sanap
    • Justice SG Dige
  11. On Friday the Central government cleared the appointment of five additional judges of Madras High Court as permanent judges of the Court.
    • Justices S Srimathy
    • D Bharatha Chakravarthy
    • R Vijayakumar
    • Mohammed Shaffiq
    • J Sathya Narayana Prasad
  12. On Friday the Kerala High Court stated that it has doubts regarding the maintainability of a petition moved by a lawyer raising allegation that only a very limited number of cases are being listed before one of the sitting judges of the High Court. (Yeshwanth Shenoy v The Chief Justice, High Court of Kerala & Ors.)
  13. On Friday the Karnataka High Court called for investigations into mobile loan apps run by Chinese companies.  (M/S Inditrade Fincorp Ltd v. Union of India)
  14. The Rashtriya Swayamsevak Sangh (RSS) route march in Tamil Nadu will not take place on the earlier scheduled date of March 5 after the Supreme Court adjourned the case on a submission by the State that the parties will discuss suitable routes to arrive at a solution. (K Phanindra Reddy vs and ors G Subramanian)
  15. On Friday the Kerala High Court observed that a welfare state is responsible to pay citizens engaged on a contract basis by them, in line with the terms under the contract, without creating a situation where the citizens have to demand such payments.  (Vishnu & Anr. v State of Kerala & Ors.)
  16. On Friday the Supreme Court stayed the arrest of Vice-Chancellor (VC) of Sam Higginbottom University of Agriculture, Technology And Sciences (SHUATS), Dr. Rajendra Bihari Lal in a case concerning attempt to convert people to Christianity.
  17. On Friday the Delhi High Court said that it cannot give directions that people should celebrate Cow Hug Day on Valentine’s Day.
  18. On Friday the Delhi High Court ordered the Regional Passport Officer in Srinagar to decide the passport renewal application of People’s Democratic Party (PDP) chief Mehbooba Mufti within three months.
  19. On Friday Former Delhi Deputy Chief Minister Manish Sisodia moved the Rouse Avenue Court seeking bail in the Delhi Excise Policy case.
  20. On Friday the Assam and Uttar Pradesh governments have opposed the plea by Congress spokesperson Pawan Khera seeking clubbing of the three first information reports (FIRs) registered against him in the two States after he botched up the name of Prime Minister Narendra Modi at a press conference.  (Pawan Khera vs State of Assam and ors)
  21. In its judgment on the killing of a 19-year-old Dalit woman at Hathras in 2020, a special court in Uttar Pradesh found that there was no medical evidence of her gang-rape, and that she did not disclose the commission of the offence in her initial statement to the police. (State v. Sandeep & Ors)
  22. On Friday the Central government cleared appointment of additional judge Justice Amit Sharma as permanent judge of the Delhi High Court.
  23. On Friday the Supreme Court reserved its verdict on the bail applications filed by two accused in the Bhima Koregaon case, Vernon Gonsalves and Arun Ferreira.  (Vernon vs State of Maharashtra and anr)
  24. On Friday the Supreme Court paved the way for lawyers and other professionals with ten years of experience in relevant fields to be members of state and district consumer forums.  (Secretary Ministry of Consumer Affairs v. Dr Mahindra Bhaskar Limaye and ors)
  25. On Friday the Supreme Court refused to entertain a petition filed by Federation of Automobile A Dalers Association against the the Chandigarh administration’s electric vehicle (EV) policy 2022. (Federation of Automobile Dealers Association vs Chandigarh Administration)
  26. On Friday the Supreme Court ordered that the committee earlier constituted to oversee the transfer of captive wild elephants from the northeastern States, will now have a wider responsibility and will cater to all wild animals in need of rehabilitation or rescue anywhere in India.  (Muruly MS v. The State of Karnataka and ors.)
  27. On Friday Chief Justice of India (CJI) DY Chandrachud highlighted the flipside of technology, discussing that people have become low on tolerance and have retreated within, and that truth has become a victim of false news.
  28. While the cricket teams of India and Australia are battling it out on the cricket pitch, another battle is playing out inside courtrooms and with a cricket connection too.
  29. On Friday the Supreme Court delivered a strongly worded judgment that lamented the pervasive corruption which is preventing equal distribution of wealth in India and has regrettably become a way of life.  (State of Chhattisgarh v. Aman Kumar Singh)

Legal Prudent Fraternity