Weekend Legal Updates

Saturday & Sunday, 15th & 16th October 2022




The Advocate-General for the State

Article – 165 Advocate-General for the State.

  1. The Governor of each State shall appoint a person who is qualified to be appointed a Judge of a High Court to be Advocate-General for the State.
  2. It shall be the duty of the Advocate-General to give advice to the Government of the State upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the Governor, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force.
  3. The Advocate-General shall hold office during the pleasure of the Governor, and shall receive such remuneration as the Governor may determine. Conduct of Government Business

Today’s Legal Updates :-

  1. The Delhi High Court will introduce a neutral citation system from October 17 for all its judgments uploaded on the official website of the Court.
    • the circular said, An additional search field has also been created under ‘Judgments – PDF Judgment’ link of the official website of this Court to facilitate search of relevant judgment by its neutral citation number, in addition to other key words, i.e. case number, party name, date of judgment, etc,” the circula.
  2. A man convicted and sentenced to death by the trial court for killing his wife and four minor daughters was recently acquitted by the Supreme Court on the ground that the investigation was done hastily and the cross-examination of witnesses conducted by the legal aid counsel for the accused was below average.  (Ramanand vs State of Uttar Pradesh)
    • the Court said, This case provides us an opportunity to remind the learned District and Sessions Judges across the country conducting sessions trials, more particularly relating to serious offences involving severe sentences, to appoint experienced lawyers who had conducted such cases in the past. It is desirable that in such cases senior advocate practicing in the trial court shall be requested to conduct the case himself or herself on behalf of the undefended accused or at least provide good guidance to the advocate who is appointed as amicus curiae or an advocate from the legal aid panel to defend the case of the accused persons.
    • the Court said, The fact that we have ruled out the circumstances relating to the making of an extra judicial confession and the discovery of the weapon of offence as not having been established, the chain of circumstantial evidence snaps so badly that to consider any other circumstance, even like motive, would not be necessary.
    • the Court underscored, Though the offence is gruesome and revolts human conscience, an accused can be convicted only on legal evidence and if only a chain of circumstantial evidence has been so forged as to rule out the possibility of any other reasonable hypothesis excepting the guilt of the accused.
    • the judgment said, Questions which the defence counsel was supposed to put to the prosecution witnesses were put without realising or understanding the legal implications of the answers to such questions, more particularly, when they were not necessary. The defence counsel remained oblivious of the position of law that suggestions made to the witnesses by the defence the (sic) answers to those are binding to (sic) the accused.
    • the bench underscored, a threshold level of competence and due diligence in the discharge of his duties as a defence counsel would certainly be the constitutional guaranteed expectation. The presence of counsel on record means effective, genuine and faithful presence and not a mere farcical, sham or a virtual presence that is illusory, if not fraudulent.
    • Therefore, particular attention should be paid to appoint competent advocates, equal to handling the complex cases, not patronising gestures to raw entrants to the Bar. Sufficient time and complete papers should also be made available to the advocate chosen so that he may serve the cause of justice with all the ability at his command, and the accused also may feel confident that his counsel chosen by the court has had adequate time and material to defend him properly.
  3. The Bombay High Court reduced the sentence of life imprisonment handed down to a father and son convicted by the sessions court for honour killing.  (Sachin Laxman Dandekar v. State of Maharashtra and connected appeal)
  4. The Bombay High Court held that if a passenger, who is forced to cross railway track to exit the station due to the absence of a foot over bridge (FOB) gets hit by a train, he would be entitled to compensation under the Railways Act. (Sunita Manohar Gajbhiye vs Union of India)
  5. On Saturday Justice DY Chandrachud advised fresh law graduates to incorporate feminist thinking in the way they deal with the law.
  6. The Delhi High Court suspended the sentence and granted bail to a man convicted of raping a woman on the false pretext of marriage.
  7. On Saturday the Committee of Management of Anjuman Intezamia Masjid has moved Allahabad High Court challenging the order of a Varanasi court that held the suit filed by Hindu parties seeking worship rights inside the Gyanvapi Mosque to be maintainable. (Committee of Management of Anjuman Intezamia Masjid Varanasi v Smt Rakhi Singh)
  8. The Delhi High Court restrained eight ‘rogue websites’ from hosting, streaming, broadcasting or rebroadcasting any cricketing event related to the upcoming ICC Men’s T20 World Cup after Star India filed a suit for copyright infringement.  (Star India Private Ltd and Anr v T1.MyLiveCricket.Club and Ors)
  9. On Saturday there is a tendency among “urban naxals” to seek house arrest instead of being lodged in jail, Solicitor General Tushar Mehta told Supreme Court during the hearing of plea against acquittal of former Delhi University professor GN Saibaba by Bombay High Court.
  10. The Delhi High Court refused to stay the release of the film Faraaz, while noting that the fundamental right to privacy cannot be claimed by legal heirs on behalf of the deceased.  (Ruba Ahmed & Ors v. Hansal Mehta & Ors.)
  11. On Saturday the Supreme Court suspended the decision of the Nagpur Bench of the Bombay High Court acquitting former Delhi University professor GN Saibaba in an alleged Maoist links case.
  12. On Saturday Godrej & Boyce Manufacturing Co. Ltd. has moved the Bombay High Court challenging an order of the Maharashtra government for acquisition of its land for the Mumbai-Ahmedabad Bullet Train Project.
  13. Packed frozen parathas that need to be heated before consumption cannot be considered as plain roti or chapati, and will, therefore, attract 18 percent Goods & Service Tax (GST), the Gujarat Appellate Authority for Advance Ruling (AAAR) ruled. – Gujarat AAAR

Legsal Prudent Fratenity