Today Legal Updates

Thuresday, 6th October 2022




The Governor

Article – 155 Appointment of Governor

The Governor of a State shall be appointed by the President by warrant under his hand and seal.

Article – 156 Term of office of Governor

1) The Governor shall hold office during the pleasure of the President.
(2) The Governor may, by writing under his hand addressed to the President, resign his office.
(3) Subject to the foregoing provisions of this article, a Governor shall hold office for a term of five years from the date on which he enters upon his office:

Provided that a Governor shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.

Today’s Legal Updates :-

  1. The Central government has transferred the Debt Recovery Tribunal (DRT) jurisdictions of all applications involving debt amount of ₹100 crores and above to the DRTs at Delhi, Mumbai and Chennai.
    • According to a notification published on Tuesday by the Ministry of Finance, the following three DRTs will have the jurisdiction to deal with matter involving more than 100 crore:
      • Debts Recovery Tribunal No 1, Chennai,
      • Debts Recovery Tribunal No 3, Delhi,
      • Debts Recovery Tribunal No 1. Mumbai.
  2. The Central Government has cleared the appointment of six judicial officers as additional judges of the Bombay High Court.
    • The following are the judicial officers who have been appointed:
      • Sanjay Anandrao Deshmukh
      • Yanshivraj Gopichand Khobragade
      • Mahendra Wadhumal Chandwani
      • Abhay Sopanrao Waghwase
      • Ravindra Madhusudan Joshi; and
      • Vrushali @ Shubhangi Vijay Joshi
  3. On  Thursday the Gujarat High Court said that it wasn’t the duty of the courts to tell State authorities to build hospitals, schools, sports complexes etc.
    • Chief Justice Kumar remarked, It isn’t our duty to say anything to the State on this. We cannot tell them (State authorities) to build schools, hospitals, swimming pools or even sports complexes. It is for them to decide depending on the available resources.
    • he observed, Only a decision is not enough…they even need money to construct something. Some of the offices of Malmatadars, some assistant collectors are run from rented premises because of non-availability of resources. In fact, government’s own offices are running from rented premises because they don’t have resources. They might have land, but don’t have buildings.
    • the Bench said, Let us know if any budgetary allocation was made or if some budget for the same was approved by the State government.
  4. Former Maharashtra Home Minister Anil Deshmukh has approached a Mumbai court seeking regular bail in the 2021 corruption case registered by the Central Bureau of Investigation (CBI) after a court-directed enquiry.
  5. On Thursday the Maharashtra government informed Bombay High Court that out of the 4.52 lakh hectares of land used for cattle grazing in the State, only around 2 percent is encroached.
  6. On Thursday Two benches of the Kerala High Court took cognisance of the bus accident which occurred in Vadakkenchery, Palakkad in which nine persons, including five school children died and over forty persons were injured.  (CP Ajithkumar & Anr. v State of Kerala & Ors.)
  7. On Thursday the Madras High Court observed that there would be hardly any objection in Tamil Nadu to a proposal to erect the statues of Dr. BR Ambedkar and reformer Periyar EV Ramasamy.  (Kaladi vs The District Collector and 5 others)
  8. On Tuesday the Patna High Court struck down the reservation provided for Other Backward Class (OBC) and Extremely Backward Class (EBC) in Bihar State municipal body elections for being violative of the triple-test laid down by the Supreme Court to govern reservation. (Sunil Kumar & Ors v State of Bihar & Ors)
  9. On Thursday the Bombay High Court asked the petitioner to explain how the plea challenging the appointment of present Municipal Commissioner of Mira Bhayander Municipal Corporation (MBMC) was maintainable.
  10. On Monday the Bombay High Court imposed costs of ₹2 lakh on the Brihanmumbai Municipal Corporation (BMC/ MCGM) for seeking a review of a 2019 order of the Court.  (The Municipal Corporation of Greater Mumbai & Ors vs Zenith Tins Private Limited & Anr)
    • the Court said, This petition is a gross abuse of the process of a Court. The fact that it is done by the MCGM only makes it worse.
    • it added, Now we are told in this review petition that Mahajan’s statements on sworn affidavit are incorrect. Now we are told that there were records, but to which Mahajan could not have deposed.
    • the Court remarked that most importantly, it was not told how the case fell within Section 114 or Order 47 of the Code of Civil Procedure (CPC) and particularly how in the circumstances there could be said to have been “due diligence” on the part of the MCGM in finding the material.
  11. On Thursday the Delhi High court observed that it is unfortunate that even after 75 years of independence, poor people are forced to work as manual scavengers and that the provisions of Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (PEMSR) are not being followed.  (Court on its own motion v Municipal Corporation of Delhi and Ors)
  12. On Thursday the Supreme Court held that in a motor accident claim case, reliance cannot be placed on a State notification issued under the Minimum Wages Act for ascertaining the wage of the deceased when there is already positive evidence regarding the monthly income of the deceased.  (Gurpreet Kaur and Others v. United India Insurance Company and Others)
  13. The Central government has notified the appointment of Delhi High Court judge Justice Dinesh Kumar Sharma as the presiding officer of the Unlawful Activities Prevention Act (UAPA) Tribunal to review the 5-year ban imposed on Popular Front of India (PFI) and its affiliate organizations.
  14. On Thusday the  Madhya Pradesh High Court quashed the merit list prepared by the State government for ‘in-service doctors’ for the National Eligibility cum Entrance Test (NEET) post graduate (PG) medical counselling for the year 2022-23.  (Dr. Diwakar Patel v. State of MP)

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