Today’s Legal Updates

Thursday, 8th September 2022



CHAPTER- II  PARLIAMENT  (Officers of Parliament)

Article – 95 Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker.

  1. While the office of Speaker is vacant, the duties of the office shall be performed by the Deputy Speaker or, if the office of Deputy Speaker is also vacant, by such member of the House of the People as the President may appoint for the purpose.
  2. During the absence of the Speaker from any sitting of the House of the People the Deputy Speaker or, if he is also absent, such person as may be determined by the rules of procedure of the House, or, if no such person is present, such other person as may be determined by the House, shall act as Speaker.

Today’s Legal Updates :-

  1. The Supreme Court will hear the petitions challenging the constitutional validity of the Citizenship Amendment Act, 2019 (CAA) on 12th September 2022, the matter will be heard by a Bench of Chief Justice of India UU Lalit and Justice S Ravindra Bhat.
    • the Supreme Court in January 2020 had issued notice in a batch of over 140 petitions, without staying the Act. The Court had later hinted that the matter may be heard by a Constitution Bench, but no order was passed to that effect.
  2. Madras High Court Chief Justice (CJ) Munishwar Nath Bhandari has been appointed as the chairperson of the Appellate Tribunal under the Smugglers and Foreign Exchange Manipulators Act (SFEMA), who is due to retire from his post on September 12 this year.
  3. On Thursday the Bombay High Court directed the forest department of the Maharashtra government to ensure that there is no immersion of Ganesh idols in water bodies lying within Sanjay Gandhi National Park (SGNP) during Ganesh Chaturthi.
    • the Court directed, We direct direct that the forest dept of state govt shall take all appropriate steps to prevent any activity to enter in the national park for immersion of idols and if any such attempt is made to breach any provisions of law by flouting circulars issued by the State, then the forest authorities are at liberty to take appropriate steps.
    • Justice Varale quipped, If you are saying that there is no permission, and someone has on his own said this, then you make a statement that there is no permission. The news article shows there is permission. What is an ordinary man supposed to know? That is a straight indication that permission was sought and it was granted for idol immersions in national park.
    • the Bench added, In case, if any attempt is made to mislead public at large, by making certain untrue statements, the state govt shall also take appropriate steps to prevent such mischief, by taking recourse to provisions of law.
  4. On Thursday the Punjab & Haryana High Court set aside a conviction for the offence of abetment to suicide while noting that a suicide note could not be believed unless circumstances suggest its truthfulness. (Ravi Bharti v. State of Haryana)
  5. On Thursday the Delhi High Court granted an interim injunction in favour of co-working cafe chain Social, restraining a Jamshedpur restaurant by the name of ‘Social 75’ from using its registered trademark.  (Impresario Entertainment & Hospitality v. Social 75 Through Its Proprietor)
    • Plaintiff has made out a prima facie case for grant of ex parte ad-interim injunction, as the impugned trademark is deceptively similar to the registered trademark of the plaintiff. Balance of convenience lies in favour of the Plaintiff and it is likely to suffer irreparable harm in case the injunction, as prayed for, is not granted.
    • the Court added, Plaintiff shall comply with the provisions of Order 39 Rule 3 CPC within a period of ten days from today.
  6. On Thursday the Enforcement Directorate (ED) opposed the bail plea filed by Delhi Minister Satyendar Jain in a money laundering case, arguing that he wields “considerable influence” over co-accused in the case. (Satyendar Jain v. ED)
  7. On Thursday the Karnataka High Court transferred a murder investigation against a powerful accused who was allegedly in a position to influence the police, to the Central Bureau of Investigation (CBI), while stressing on the importance of a fair trial. (M Manjula v. State of Karnataka)
  8. On Thursday the Bombay High Court quashed the first information report (FIR) filed against the administrator of Dadra and Nagar Haveli, District Magistrate and other authorities booked for allegedly abetting the suicide of independent Member of Parliament (MP) Mohan Delkar.
  9. On Thursday in the case challenging the hijab ban in Karnataka government educational institutions, the Supreme Court told the petitioners that comparisons with turbans worn by Sikhs will be improper.
  10. On Thursday the Delhi High Court directed the Election Commission of India (ECI) to ensure that all political parties are strictly complying with its guidelines and instructions on COVID-19 management during conduct of elections and holding of large public rallies.  (Dr Vikram Singh v. Union of India & Anr)

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