Today’s Legal Updates

Thursday, 9th March 2023

Legal Awareness: – CONSTITUTION OF INDIA

Part – Vl THE STATES

CHAPTER- IITHE STATE LEGISLATURE

Procedure in Financial Matters

Article – 206 Votes on account, votes of credit and exceptional grants.

  1. Notwithstanding anything in the foregoing provisions of this Chapter, the Legislative Assembly of a State shall have power—
    • to make any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure prescribed in article 203 for the voting of such grant and the passing of the law in accordance with the provisions of article 204 in relation to that expenditure.
    • to make a grant for meeting an unexpected demand upon the resources of the State when on account of the magnitude or the indefinite character of the service the demand cannot be stated with the details ordinarily given in an annual financial statement.
    • to make an exceptional grant which forms no part of the current service of any financial year; and the Legislature of the State shall have power to authorize by law the withdrawal of moneys from the Consolidated Fund of the State for the purposes for which the said grants are made.
  2. The provisions of articles 203 and 204 shall have effect in relation to the making of any grant under clause (1) and to any law to be made under that clause as they have effect in relation to the making of a grant with regard to any expenditure mentioned in the annual financial statement and the law to be made for the authorization of appropriation of moneys out of the Consolidated Fund of the State to meet such expenditure.

Today’s Legal Updates: 

  1. Several lawyers have written to the New Delhi Bar Association (NDBA) and the Bar Council of Delhi objecting to the recent Holi Milan celebrations at the Patiala House court complex on Wednesday that featured women performing ‘item dance numbers’.
    • the letter, Unfortunately yesterday we also came across some video clippings of a celebration organized by the Delhi Bar Association on the occasion of Holi, featuring scantily-clad women dancers, performing what can best be described as inappropriate dance numbers ..It is totally inappropriate, sexist, and unbecoming of lawyers to host such an event under the official name of any Bar Association and in the premises of a court. As lawyers we ought to uphold the Constitution and work towards gender equality in the workplace.
    • It creates a hostile work environment for women lawyers, judicial officers, and staff who frequent the Patiala House courts. We are especially offended by this incident as we take pride in our profession and do not want to see it being denigrated in this manner.
    • Hosting events of this nature that objectify women and reduce them to devices for entertainment and pleasure are directly contrary to all goals of a modern society in a country that aims to be a world leader. It is not only misogynistic, it brings disrepute to the country, because it tarnishes the image of India that a Bar Association in the capital city would think of hosting such a vulgar event … It is uncivilized and unconstitutional.
  2. On Thursday M Sivasankar, the former principal secretary to Chief Minister Pinarayi Vijayan, has approached the Kerala High Court seeking bail in a money laundering case registered against him by the Enforcement Directorate (ED) in connection with the LIFE Mission housing project of the Kerala government. (M Sivasankar v Union of India & Anr.)
  3. On Tuesday the Kerala High Court observed that courts need to adopt a cautious approach while considering bail applications moved by parents accused of sexually assaulting their own children under the Protection of Children from Sexual Offences Act (POCSO Act), especially when they are involved in the custody battle of the child. (xxxx v State of Kerala)
    • Justice Ziyad Rahman AA echoed the view taken by a division bench of the Court in Suhara & Ors. v. Muhammed Jaleel which had highlighted the issue of false POCSO cases being foisted upon the biological fathers of children who are caught up in custody battles.
    • the order, The courts, while dealing with the applications for bail, involving the offences of the POCSO Act, allegedly committed by the accused against their children, should take a very cautious approach, particularly when the custody of the child is under serious litigation between the parents. In such cases, when the materials placed before the court evoke a reasonable suspicion as to the veracity of the allegations, the courts should not hesitate to invoke the powers under section 438 of the Cr.P.C. What is at stake is someone’s personal liberty, integrity, dignity and sometimes, the life itself.
    • the Court said, The impression that could be gathered from the sequence of events referred to above compels this court to take the view that an order to protect the personal liberty of the petitioner is absolutely necessary. This Court cannot ignore the trauma, loss of dignity and other difficulties which the petitioner, who is an educated person without any criminal antecedents, has to face if he is compelled to undergo detention based on allegations which are under the shadow of a doubt. If it is ultimately turned out that the allegations are false, nobody can compensate for the loss that may occur to a person due to such detention.
  4. On Thursday the Bombay High Court asked the State of Maharashtra to take a decision on allotment of land for the new High Court building.  (Ahmad M. Abdi v. State of Maharashtra & Ors.)
  5. The Supreme Court held that mere breach of contract does not give rise to criminal prosecution for cheating unless a fraudulent or dishonest intention was present right from the beginning of the transaction.  (Sarabjit Kaur v. State of Punjab and Another)
    • the Court said, A breach of contract does not give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction. Merely on the allegation of failure to keep up promise will not be enough to initiate criminal proceedings.
    • the bench said, Criminal courts are not meant to be used for settling scores or pressurise parties to settle civil disputes.
    • the Court observed, The entire idea seems to be to convert a civil dispute into criminal and put pressure on the appellant for return of the amount allegedly paid. The criminal Courts are not meant to be used for settling scores or pressurise parties to settle civil disputes. Wherever ingredients of criminal offences are made out, criminal courts have to take cognizance. The complaint in question on the basis of which F.I.R. was registered was filed nearly three years after the last date fixed for registration of the sale deed. Allowing the proceedings to continue would be an abuse of process of the Court.
  6. On Thursday the Kerala High Court said that it is inclined to quash the criminal proceedings against actress Sunny Leone (Karanjit Kaur Vohra), and her husband Daniel Weber and an employee of Leone in a cheating case registered against them.  (Karanjit Kaur Vohra & Ors. v State of Kerala & Anr.)
  7. On Thursday BITS Pilani, one of the first universities to be awarded the status of ‘Institution of Eminence’ by the Central government, announced a foray into legal education with the launch of BITS Law School in Greater Mumbai.
  8. A judge from Rajasthan has filed a police complaint after she was received letters threatening to leak morphed, ‘obscene’ pictures and ‘spoil’ her reputation if she did not pay ₹20 lakhs.
  9. On Thursday the Delhi High Court appointed retired Chief Justice of the Supreme Court of India, NV Ramana as the sole arbitrator to adjudicate a dispute between M/s Arvind Techno Globe (JV) and the Delhi Metro Rail Corporation Limited (DMRCL) regarding a 2013 contract between the two parties.  (M/s Arvind Techno Globe v. Delhi Metro Rail Corporation Limited)
  10. On Thursday the Meghalaya High Court held that changes such as granting equal rights to women in elections to local bodies governing tribal communities in the State would be better received if it comes from within the community rather than being imposed by a court order.  (Aneeta Synrem vs State of Meghalaya)
  11. On Thursday Senior Advocate Samaraditya Pal of Calcutta High Court passed away.
  12. The Advocates’ Association, Bengaluru (AAB) has written to the Chief Justice of India (CJI) DY Chandrachud on 7th March expressing concern over what they alleged as preferential listing of the anticipatory bail application filed by Bhartiya Janata Party (BJP) MLA Madal Virupakshappa before the Karnataka High Court.

Legal Prudent Fraternity