Today’s Legal Updates

Thursday, 4th August 2022

Legal Awareness :- CONSTITUTION OF INDIA

Part – V THE UNION

CHAPTER- II  PARLIAMENT  (General)

Article – 81 Composition of the House of the People.

  1. Subject to the provisions of article 331, the House of the People shall consist of—
    1. not more than five hundred and thirty members chosen by direct election from territorial constituencies in the States, and
    2. not more than twenty members to represent the Union territories, chosen in such manner as Parliament may by law provide.
  2. For the purposes of sub-clause (a) of clause (1),—
    1. there shall be allotted to each State a number of seats in the House of the People in such manner that the ratio between that number and the population of the State is, so far as practicable, the same for all States; and
    2. each State shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it is, so far as practicable, the same throughout the State:
      • [Provided that the provisions of sub-clause (a) of this clause shall not be applicable for the purpose of allotment of seats in the House of the People to any State so long as the population of that State does not exceed six millions.]
  3. In this article, the expression “population” means the population as ascertained at the last preceding census of which the relevant figures have been published.
    • [Provided that the reference in this clause to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 2026 have been published, be construed,—
      1. for the purposes of sub-clause (a) of clause (2) and the proviso to that clause, as a reference to the 1971 census; and
      2. for the purposes of sub-clause (b) of clause (2) as a reference to the 2001 census.

Today’s Legal Updates :-

  1. On Thursday the Supreme Court asked the Central government to follow up on steps being taken to repatriate Indian Army personnel who have been incarcerated in Pakistani jails for long periods of time.  (Kamla Bhattacharjee v. Union of India and anr)
  2. On Thursday the Kerala High Court remarked that urgent hearings are not meant for persons who have been convicted of grievous sexual offences especially when more deserving people are waiting to be heard.
    • This court is not here to give emergent hearing to people like this. There are other deserving people waiting. Emergent hearings are for them. Not for people who are convicted of molesting an 8-year-old child.
    • What should I understand from the fact that he has girl children? Twice, you did this (sexually assaulted the minor survivor). Moreover, when she resisted, you shoved a piece of cloth in her mouth, to silence an 8-year-old child.
    • the single-judge said, The allegation of the child is enough. If you insist on arguing now, I’ll dismiss it. Go to the Supreme Court. If you argue, I’ll hear you and give you an order. If you can convince me, I’ll accept it. But after hearing don’t ask me to not give an order. I am not prima facie inclined.
  3. On Thursday the Supreme Court set aside a judgment of the Himachal Pradesh High Court after finding that the verdict by the High Court was “utterly incomprehensible.”  (State of Himachal Pradesh vs Himachal Aluminium and Conductors)
    • the apex court said, The judgment of the High Court is utterly incomprehensible. The reasons on the basis of which the High Court has proceeded to allow the petitions and set aside the reassessment cannot be discerned from the judgments.
    • However, the afore bar or embargo, against the institution, of the extant writ petition before this Court, wherethrough, annulment(s) of the impugned Annexures, is strived for, is not a rigid or an absolute bar, rather it holds certain well expostulated exceptions, inasmuch as the statutory action, as made by the authority concerned, being evidently ridden with gross and flagrant breaches, of, statutory norms; (a) the alternative remedy available under the statute is not effective but a mere formality; (b) statutory authority concerned not acting in accordance with the apposite statutory provisions; (c) where the statutory authority has acted in defiance of the fundamental principles of judicial procedure; (d) where the statutory authority has resorted to invoke provisions which are repealed; (e) where the statutory authority has passed an order in total violation of principles of natural justice.
  4. On Tuesday the Allahabad High Court refused to grant bail to journalist Siddique Kappan, who was arrested along with three others in October 2020 while on his way to Hathras, Uttar Pradesh to report on the gang-rape and murder of a 19-year-old Dalit girl. (Sidhique Kappan v State Of UP)
    • The order, The State machinery was at tenterhooks owing to the tension prevailing due to various types of information being viral across all forums of media including the internet. The said sojourn of the applicant with co-accused persons who do not belong to media fraternity is a crucial circumstance going against him.
    • the single-judge said, The tainted money being used by the applicant and his colleagues cannot be ruled out.
    • The order, The legislature has framed the U.A.P. Act to control such instances. The Courts interpret the laws enacted by the legislature which becomes functus officio after the framing of the statute.
  5. On Tuesday the Kerala High Court sought the response of the State government to a public interest litigation (PIL) petition challenging the arrest and detention of persons for protesting against the Chief Minister using black flags.  (Sam Joseph v State of Kerala)
    • the prayer in the plea said, Make a declaration to the effect that the arrest and detention for waving black flags in protest is per see illegal and unconstitutional and direct the State Government to grant adequate compensation for the persons booked for waving black flag in front of the Chief Minister and Ministers in protests.
  6. On Thursday Trilegal has hired Cyril Amarchand Mangaldas Disputes Partner Shalaka Patil and Leader, Digital Tax and Social Finance at Nishith Desai Associates Meyyappan Nagappan. With this, the partnership strength of Trilegal grows to eighty-two (82).
    • While this will be the first time in the recent past that the tax practice will add a new Partner, Trilegal has been aggressively growing its disputes practice, starting with inviting Nitesh Jain, who joined the firm as a Partner about 18 months ago and continuing with Siddharth Ranade who was elevated to the partnership as part of the internal promotions process in April this year.
  7. On Thursday the High Court of Jammu & Kashmir and Ladakh ruled that the completion of seven years of continuous service alone would not entitle a daily wager for regularization, unless other eligibility conditions were fulfilled.  (State of J&K and Ors v. Mushtaq Ahmad Naik and Ors)
    • the judgment, A Daily Rated Worker would become eligible for regularization on fulfilment of all the conditions as contained in Rule 4 of the provisions of SRO 64. Completion of seven years of continuous period of daily wage service alone thus would not entitle a daily wager for regularization unless such daily wager fulfills other eligibility conditions.
    • the Court noted, A plain reading of the aforesaid provision would manifestly suggest that a Daily Rated Worker would become eligible for regularisation on fulfilment of all the conditions as contained therein. All the conditions are inter-dependent and have to be fulfilled by a daily wager whose case is to be considered for regularisation.
    • the Court said, The writ petitioner/respondents herein admittedly have consented to abide by the conditions imposed by the appellants qua the filing of affidavits in the year 2009 and then turned around and filed the petition in the year 2017.
  8. On Thursday A Public Interest Litigation (PIL) petition has been filed before the Delhi High Court to impose a complete ban on kite flying and use of Chinese manjha (strings) in the national capital.  (Sanser Pal Singh vs. UOI)
    • The plea has also sought a blanket ban on kite making, storage and its transportation along with all other materials that are used in flying kites.
    • The petition argued that Delhi Police has filed 10 first information reports (FIRs) in the recent years on the incidents of kite strings hurting humans but the numbers could be much higher and that a complete ban on kite flying is the only solution to the problem because it is extremely difficult to nab the culprit or fix responsibility once the accident has already occurred.
  9. On Thursday the Delhi High Court asked Baba Ramdev and his company Patanjali Ayurveda to come up with a better clarification to convey that Coronil is not a cure for COVID-19.  (Resident Doctors Association, All India Institute of Medical Sciences (AIIMS), Rishikesh and Ors v. Ram Kishan Yadav Alias Swami Ramdev and Ors)
    • Justice Bhambhani remarked, See the point is, it has to be shorn of unnecessary verbiage and nuances. You gave the public two impressions: one is that allopathic doctors don’t have a cure and two that Coronil is the cure and treatment… You cannot say it is a supplementary measure… The idea is to be clear in your communication. Words have to express the thought. If there is bona fide thought, then it has been concealed in this clarification.
    • Senior Advocate Akhil Sibal submitted, You can say it is an immunity booster which can be used as a supporting measure. You also need to say that it was never your intention to discourage treatment or vaccination.
    • Senior Advocate Akhil Sibal said, They get testimonials where a woman comes and says my husband is a doctor, all his colleagues got Covid and but nothing happened to him because he took Coronil. Then another person comes and says I have motor neurone disease and instead of going to hospital I took Coronil. In another case, he (Ramdev) says all these doctors took the allopathic medicines but they are still dying and that they are murdering people.
  10. On Thursday A plea by a woman seeking interim maintenance of ₹1 lakh per month from her husband was rejected by a Mumbai court on the ground that she was qualified enough to easily find job opportunities in a city like Mumbai.  (Laxmi Chakrapani Bhati vs Chakrapani Lalit Bhati & Anr.)
    • the Court said, The applicant is Doctor. She resides in Metropolitan city i.e. Mumbai. She is expected to do medical profession as a Dentist and very easily she can get opportunity to do such job in Mumbai. Such a qualified applicant, in view of the ratio laid down in the cases noted herein­above, is not entitled for her maintenance from the husband in present case.
    • Absence of efforts for co­habitation on the part of the applicant and her parents goes against her. She seeks accommodation or rent for accommodation at Mumbai shows that she intends to reside at Mumbai only. In fact, her matrimonial place is Ajmer in Rajasthan State. This also goes against the applicant. Presently, she has been residing with her parents means the applicant is residing in the house in which she has every right to reside as the law treats daughter and son equal in law in respect of the rights in the properties of the parents. In my considered view, the applicant is not entitled for any relief on account of residence order.
    • It is also admitted that father of the respondent, who is no more, was twice MLA. He comes from well to do family. Considering these facts, fair and reasonable maintenance is required to be granted for the children.
  11. On Thursday A Delhi court rejected the bail plea of former Mumbai police chief Sanjay Pandey, arrested in a money laundering case registered by the Enforcement at Directorate (ED) wherein it alleged that he was involved in illegal tapping of phones of employees at the National Stock Exchange (NSE). (Sanjay Pandey v. ED)
  12. On Wednesday the Supreme Court sought the response of the Jawaharlal Nehru Port Authority to the appeal filed by Adani Ports challenging a judgment of the Bombay High Court, which had imposed costs of ₹5 lakh while dismissing its plea challenging the disqualification of its bid in connection with a tender for upgradation of the port’s container terminal in Navi Mumbai.  (Adani Ports and Special Economic Zone Limited v. Board of Trustees of Jawaharlal Nehru Port Authority & Ors.)
  13. On Thursday the issue of whether Malayalam, Kerala’s official language and mother tongue of people of the State, can be used in the documents submitted before the Kerala High Court seems to have simmered down as the High Court, modified its previous direction to the registry to not accept any such documents unless English translations are also provided.
  14. Litigants, lawyers and the Kerala High Court Registry may be in a quandry about whether documents in Malayalam, the State’s official language and mother tongue of people of the State, can be used in the documents submitted before the court as in a span of less than one month, two single-judges seem to have taken conflicting views.
  15. On Thursday A Mumbai court extended the remand of Shiv Sena Member of Parliament (MP) Sanjay Raut to Enforcement Directorate (ED) custody till 8th August 2022 in a money laundering case.
  16. On Wednesday the Delhi High Court took cognisance of a contempt petition filed against Founder and Managing Partner of Luthra & Luthra Law Offices Rajiv Luthra and former Partners Bobby Chandoke, Sudhir Sharma and Deepali Chandhoke. (Sangeeta Sondhi and Anr v. Rajiv Luthra & Ors)
  17. On Thursday Devika Rotawan, one of the key eye-witnesses in the November 26 terror attacks in Mumbai, has moved the Bombay High Court seeking directions to the government to allot a house for her family and make provisions for her education.
  18. On Tuesday the Kerala High Court held that after the 2015 amendment to the Arbitration and Conciliation Act of 1996, a sole arbitrator can be appointed only by a written agreement between the parties or by an order of the High Court.  (M/s Hedge Finance Pvt. Ltd. v Bijish Joseph)
    • it is abundantly clear that the law mandates that there should be neutrality not only for the Arbitrator but also in the arbitrator selection process as well. Thus, in the post-2015 amendment era, there are only two modes of appointment of a sole Arbitrator:
      1. by express agreement in writing between the parties, post the dispute, agreeing to waive the applicability of Section 12 of the Act or,
      2. by order of appointment by the High Court under Section 11 of the Act,
    • the Court said in its judgment, Thus, I have no doubt in my mind that an interim award passed by an arbitrator who was appointed in contravention of the provisions of the Act and the law laid down by the Honourable Supreme Court extracted above, is bad in law and as a corollary to the same, the award is unenforceable. …As observed in TRF Ltd v Energo Engineering Projects Ltd, once the infrastructure collapses, the superstructure is bound to collapse. One cannot have a building without the plinth. Therefore, the interim award becomes worthless.
  19. On Thursday the Supreme Court said that it would consider referring issues arising out of a batch of petitions related to the Maharashtra political crisis to a five-judge Constitution Bench.
  20. On Thursday the Kerala High Court sought a detailed response from the National Testing Agency to a public interest litigation (PIL) seeking compensation for all those female candidates who were forced to remove their bras before appearing for National Eligibility cum Entrance Test (NEET) conducted in Kollam district.  (Asif Azad v Union of India)
  21. On Thursday Incumbent Chief Justice of India (CJI) NV Ramana has recommended the name of Justice UU Lalit to take over as the next CJI.
  22. On Thursday the National Company Law Appellate Tribunal (NCLAT) at New Delhi imposed ₹1 lakh costs on a party who appeared through a counsel who was later found to be pretending to be an advocate. (Dushyant v CCI)
    • the order, The CCI is also directed to remain vigilant while entertaining Information applications. Unauthorised representation must be checked at its initial stage.
    • There is no doubt in the mind of the Tribunal that a party cannot be represented by any third person who have not been included in either of the aforesaid statutory provisions.
    • Law is settled on the point that if one does not come before the Court or Tribunal with clean hands his claim deserves to be rejected, where as in the present case it is not a simple case that the Appellant has not approached the Court with clean hands but it is one step ahead wherein he has misled both the CCI as well as this Tribunal.
    • the Bench reasoned, With a view to preserve sanctity of the court proceeding and confidence of the public in the system, simply dismissal of this Appeal may not serve the purpose.
  23. On Wednesday A special court granted two days custody of West Bengal education minister Partha Chatterjee and his associate Arpita Mukherjee, to the Enforcement Directorate (ED) till 5th August 2022 in the money laundering case registered against them in the school jobs scam.
  24. On Wednesday the Allahabad High Court has rejected the bail plea moved by journalist Siddique Kappan who has been booked under the Unlawful Activities Prevention Act (UAPA). (Sidhique Kappan v State Of UP)
  25. On Wednesday Former Mumbai top cop Sanjay Pandey, arrested in a money laundering case, told a Delhi court that he was in fact a whistleblower at the National Stock Exchange (NSE) even as the Enforcement at Directorate (ED) opposed his bail plea stating he was an influential person and involved in illegal tapping of phones. (Sanjay Pandey v. ED)

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