Today’s Legal Updates
Thursday, 7th April 2022
Legal Awareness :- CONSTITUTION OF INDIA
Part – XII FINANCE, PROPERTY, CONTRACTS AND SUITS
CHAPTER – I FINANCE
Miscellaneous Financial Provisions
Article – 284 Custody of suitors’ deposits and other moneys received by public servants and courts
All moneys received by or deposited with—
(a) any officer employed in connection with the affairs of the Union or of a State in his capacity as such, other than revenues or public moneys raised or received by the Government of India or the Government of the State, as the case may be, or
(b) any court within the territory of India to the credit of any cause, matter, account or persons, shall be paid into the public account of India or the public account of State, as the case may be.
Today’s Legal Updates :-
- On Thursday the Kerala High Court observed that since the Central government is an equal partner with the Kearla Government in the K-Rail (Kerala Rail Development Corporation Limited) project it is equally responsible to address the concerns regarding the project.
- Justice Ramachandran orally remarked, I will not treat Government of India as a lesser partner. I will treat you as an equal partner in K-Rail. Then your responsibility to answer all these concern is also equal…There is a fear created, at least in the minds of these petitioners. And I thought as a constitutional court, we could try to allay that.
- the judge orally observed, This project should have been done so smoothly. You are also part of it. Such projects are there in other parts of India. That is why the Supreme Court correctly said have a pan-India approach. We can’t fall for these politics though they try to ascribe politics to us. We can’t fall for it.
- On Thursday the Kerala High Court reiterated that a person cannot be denied public employment merely for the reason that they do not reside at a particular location. (Liji AS v State of Kerala & Ors.)
- On Thursday the Supreme Court expressed its reservations regarding entertaining public interest litigation (PIL) petitions on matters concerning governance.
- On Thursday the Delhi High Court directed the Central government to file a status report on a public interest litigation (PIL) petition seeking directions for appointment of members to the Settlement Commission under Central Excise Act. (Yashpal Singh v Union of India and Anr)
- Mumbai-based international dispute law firm Singularity Legal is now licensed to practice before the courts at the Dubai International Financial Centre (DIFC). This makes it the first Indian firm to be Part-I registered solicitors at DIFC.
- On Thursday the Bombay High Court asked the Central government and the Maharashtra government to resolve their differences outside the court and decide whether or not the car shed for the Mumbai Metro needs to be shifted from the city’s Kanjurmarg area to Aarey Colony, part of which was declared a forest last year.
- On Thursday the Delhi High Court ordered the Bar Council of Delhi (BCD) not to pass any order in the disciplinary proceedings initiated against advocate Prashant Bhushan for appearing as lawyer for three NGOs – Centre for Public Interest Litigation (CPIL), Swaraj Abhiyan and Common Cause – while being on their governing bodies.
- On Tuesday the Punjab and Haryana High Court requested the Haryana government to look into the plight of Kashmiri Pandits who lost their homes at the hands of terrorists in Jammu & Kashmir (J&K) in the year 1990-91. (Ramesh Razdan v State Of Haryana)
- On Tuesday the Karnataka High Court directed that the salary of the Principal Secretary in the Health and Family Welfare (Medical Education) Department of the State be withheld until an MRI machine is installed and made operational at the Dharwad Institute of Mental Health and Neurosciences (DIMHANS). (Karnataka State Legal Services Authority v. State of Karnataka)
- On Thursday the Delhi High Court granted interim protection from arrest and coervice action to Spicejet promoter Ajay Singh in a case of alleged fraud in transfer of shares of the airlines to certain individuals.
- ADJ Manoj Kumar Shukla a judge from Uttar Pradesh was suspended by the Allahabad High Court for allegedly obstructing the authorities from occupying his land.
- On Thursday A Delhi court ordered the Central Bureau of Investigation (CBI) to withdraw the Look Out Circular (LOC) issued against former Amnesty International India chair Aakar Patel in a Foreign Contribution (Regulation) Act case. (Aakar Patel v. CBI)
- On Thursday the Enforcement Directorate (ED) told the Bombay High Court opposing Deshmukh’s bail application in a money laundering case, the Former Maharashtra Home Minister Anil Deshmukh has not been able to explain the source of huge wealth and proceeds of crime he is one of the prime accused.
- On Thursday A Delhi Court urged the Central Bureau of Investigation (CBI) director to send a written apology to Aakar Patel to restore public confidence in the central agency, While setting aside the Look Out Circular (LOC) against Amnesty’s Aakar Patel. (Aakar Patel v. CBI)
- On Thursday the Madras High Court upheld the Tamil Nadu government’s move to introduce 7.5 per cent reservation for government school students in undergraduate medical courses.
- On Thursday the Delhi High Court asked the Central government to come up with a mechanism to conduct regular checks on e-commerce sites so as to ensure their compliance with various Indian laws (Ajay Kumar Singh v. Union of India and Ors)
- On Wednesday the Calcutta High Court issued a directive to trial courts in West Bengal stating that a sentence of life imprisonment till death, without any scope of remission, can only be passed in rape cases. (Monirul Molla v. State of West Bengal)
- On Wednesday the Delhi High Court refused to restrain PepsiCo from using the tagline ‘STIMULATES MIND. ENERGIZES BODY’ while selling its energy drink ‘Sting‘. (Red Bull AG v. PepsiCo India Holding Pvt Ltd & Anr)
- On Thursday the Chhattisgarh High Court decided a custody dispute in favour of the wife after taking exception to arguments made by the husband casting aspersions on the wife’s character. (Deepa Nayak v. Pitamber Nai)
- On Thursday the Aurangabad Bench of Bombay High Court has held that if a woman adopts a child after the death of her husband, then the adopted child cannot claim any share in the properties owned by the dead father as he cannot be considered the child of the late father. (Rajesh Pawar vs Parwatibai Bende)
- On Thursday the Delhi High Court pulled up the Delhi government for its inaction against thousands of e-rickshaws and auto-rickshaws plying in the national capital without required fitness certification and registration. (Ajit Kumar v The Govt of NCT of Delhi and Ors)
- On Thursday the Trustees Association of India, an association of Debenture Trustees (DTs) has approached the Bombay High Court challenging orders passed by the Competition Commission of India (CCI) which had directed investigation into the conduct of the association.
- On Thursday the Delhi High Court has said that merely because an advertisement for scholarship was published in Urdu language, it cannot be presumed that it was intended for students belonging to a particular community alone. (Commissioner of Income Tax (Exemption) Delhi v Hamdard National Foundation (India))
- The Delhi High Court has held that sexual relations established on a genuine promise of marriage that later failed to fructify due to external circumstances is not rape. (Shailendra Kumar Yadav vs State)