Saturday, July 31, 2021

Marriage with victim will not absolve accused of rape charge -Delhi High Court

"Subsequent marriage between the prosecutrix and the accused does not waive off the offence as alleged by the complainant committed earlier and the offence punishable under Section 376 of the Indian Penal Code being a serious offence cannot be quashed on the basis of a compromise between the parties."- Justice Mukta Gupta 

Friday, July 30, 2021

A case of breach of promise rather than false promise to marry: Madras High Court

Justice AD Jagadish Chandira referred to a number of case laws on the offences of cheating, rape, and cohabitation or sexual intercourse by a man deceitfully inducing a belief of lawful marriage to render his finding in the case.

"It seems to be a case of breach of promise rather than a case of false promise to marry ... there is absolutely no evidence to suggest that at the initial stage itself the accused had no intention whatsoever of, keeping his promise to marry and that the false promise was made only to satisfy the lust," the Court said.

Cases Reffered:
Anurag Soni Vs. The State of Chhattisgarh, Deepak Gulati v. State of Haryana and Tilak Raj v. State of Himachal Pradesh.

Thursday, July 29, 2021

Lender Who Advanced Interest Free Loans To Corporate Body Is Also A Financial Creditor; Can Initiate CIRP: Supreme Court

"There is no discernible reason, why a term loan to meet the financial requirements of a Corporate Debtor for its operation, which obviously has the commercial effect of borrowing, should be excluded from the purview of a financial debt", the bench comprising Justices Indira Banerjee and V. Ramasubramanian observed

The bench further observed that sub-clauses (a) to (i) of Sub-section 8 of Section 5 of the IBC are illustrative and not exhaustive. "The definition of 'financial debt' in Section 5(8) of the IBC cannot be read in isolation, without considering some other relevant definitions, particularly, the definition of 'claim' in Section 3(6), 'corporate debtor' in Section 3(8), 'creditor' in Section 3(10), 'debt' in section 3(11), 'default' in Section 3(12), 'financial creditor' in Section 5(7) as also the provisions, inter alia, of Sections 6 and 7 of the IBC.", the court added.

31. At the cost of repetition, it is reiterated that the trigger for initiation of the Corporate Insolvency Resolution Process by a Financial Creditor under Section 7 of the IBC is the occurrence of a default by the Corporate Debtor. 'Default' means non-payment of debt in whole or part when the debt has become due and payable and debt means a liability or obligation in respect of a claim which is due from any person and includes financial debt and operational debt. The definition of 'debt' is also expansive and the same includes inter alia financial debt. The definition of 'Financial Debt' in Section 5(8) of IBC does not expressly exclude an free loan. 'Financial Debt' would have to be construed to include interest-free loans advanced to finance the business operations of a corporate body.", the bench said while allowing the appeal.

The judgment also refers to various principles of interpretation of statutes.

Wednesday, July 28, 2021

State's consent under Section 6 of DSPE Act not required for CBI to probe Central govt officers-Calcutta High Court

The Central Bureau of Investigation (CBI) can probe offences under the Prevention of Corruption Act against Central government officers even though the offence has been committed in a State where CBI does not have general consent to operate under the Delhi Special Police Establishment Act, the Calcutta High Court ruled on Wednesday (
Vinay Mishra v. CBI).

Tuesday, July 27, 2021

Suspending govt school teacher for sending WhatsApp message - Rajasthan High Court stays order

The Rajasthan High Court on 26/07/21 stayed a suspension order passed against a senior mathematics teacher working at the Government Senior Secondary School Babedi, Bansur, Alwar for allegedly sending WhatsApp messages criticizing the State government and a particular political party (
Lava Kumar Sharma vs. the State of Rajasthan)

The petitioner was suspended from service by the State in the exercise of powers under Rule 13 of the Rajasthan Civil Services (Classification, Control and Appeals) Rules, 1958.

"In the meanwhile, effect and operation of the suspension order dated June 18, 2021 shall remain stayed and the petitioner would be allowed to continue at the same place where he was continuing prior to the passing of the suspension order." 

Monday, July 26, 2021

Throwing acid on young women more dangerous than murder: Karnataka High

An acid attack is not just a crime against the victim, but against the whole of civilized society and is violative of Article 21 of the Constitution.

"When a woman is thrown acid on her face, what is inflicted is not a merely physical injury but the deep sense of some deathless shame. She has to hide her face to the Society and the victim woman's body is not a plaything and the accused cannot take advantage of it in order to satisfy his avenger and the Society will not tolerate such things any longer. The crimes against women continued in a never-ending cycle. As throwing acid on young women or young ladies and minor boy is more dangerous than murder and same cannot be tolerated by any father, mother, husband, children of the women etc and society at large. Therefore, it is high time to deal with the criminals/acid attackers with an iron hand,"

Tuesday, July 20, 2021

SC upholds Gujarat HC verdict on cooperative societies as state subject

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On Tuesday, the Supreme Court upheld a 2013 Gujarat High Court judgment, which struck down certain provisions of the 97th constitutional amendment while holding that Parliament cannot enact laws concerning cooperative societies as it is a state subject.

A three-judge bench of justices R.F. Nariman, K.M. Joseph and B.R. Gavai delivered the judgment dismissing Centre’s appeal against the high court order.

Justices Nariman and Gavai struck down only Part IXB of the amendment, while Justice Joseph wrote a dissenting judgment striking down the entire constitutional amendment.

Justice Nariman said: “I have struck down Part IXB as far as cooperative societies are concerned. Justice Joseph has given a dissenting judgment where the entire constitution amendment has been struck down”.

The 97th constitutional amendment dealt with issues related to effective management of the cooperative societies passed by Parliament in December 2011 and came into effect from February 15, 2012.

The Centre had argued that the provision did not denude the state governments of their power to enact laws concerning cooperatives. During the hearing, the apex court had examined a question of whether the provision denuded states of their exclusive power to enact laws to deal with the management of cooperative societies. Under the Act, Article 19(1)(c) of the Constitution was amended to give protection to the cooperatives and Article 43B (Promotion of cooperative societies) and Part IXB was inserted.

The high court verdict came on a PIL challenging the legality of the 97th constitutional amendment on the ground that the Centre had no legislative competence to enact a law for cooperative societies.

Keep complaint box in schools for students to lodge sexual assault complaints without fear: Madras High Court

The Court also suggested carrying out monthly inspections at schools to encourage students facing sexual assault to come forward with complaints freely and without fear.

The Madras High Court recently on 12/07/21 upheld the conviction of a pastor under the Protection of Children from Sexual Offences (POCSO) Act for the sexual assault of a 12-year-old student who was studying at CSI Hobert Girls Higher Secondary School, housed within the same campus as the residence of the accused pastor (S Jayaseelan v.The State).Crl.A.No321 of 2019.

Monday, July 19, 2021

Allahabad High Court reinstates man who was removed from service for maintaining live-in relationship outside of marriage

The petitioner was dismissed from service in January 2020, solely on the ground that despite being married, he had maintained a live-in relationship with another woman.
The Allahabad High Court recently set aside a dismissal order passed against a petitioner who was removed from service on the sole ground that he was maintaining a live-in relationship outside his marriage (Gore Lal Verma v. the State of UP).

"What is this report in sealed cover? This is not nuclear secret:"

Referring to a notification issued by the government effectively stating that hospitals do not have to adhere to the norms till June 2022, the Bench of Justices DY Chandrachud and MR Shah said.

"What is this report in a sealed cover by commission etc? It is not a nuclear secret," said Justice Chandrachud.

The Court was hearing a suo motu case concerning fire tragedies in

COVID-19 hospitals across the country in the wake of two such incidents in Rajkot and Ahmedabad.

"40 hospitals in Gujarat were held liable and they came to High Court. Later, the government order was that no action should be taken against hospitals for violation of fire safety. Such an order is a contempt of this court."

"Hospitals have become large industry now based on human distress and we cannot prosper them at the cost of lives. Let such hospitals be closed," said Justice Chandrachud.

Saturday, July 17, 2021

Madhya Pradesh High Court denies bail to man accused of black marketing Remedsivir

The Court dismissed the bail plea, reasoning that the alleged offences are “not only serious in nature but also heinous.

 (Hariom vs the State of Madhya Pradesh).

The Indore Bench of the Madhya Pradesh High Court on Wednesday declined to grant bail to a nursing student (applicant) alleged to have been involved in the black marketing of Remdesivir injections.



Government makes PUC certificates for all vehicles uniform across the country

The ministry of road transport and Highway has issued a notification to make the PUC (Pollution Under Control) certificate for all vehicles uniform across the country and also to link the PUC database with the National Register.

After the changes in theCentral Motor Vehicles Rules 1989 by the road ministry, the QR code shall be printed on the PUC form and will have details of the vehicle, owner, and emission status.

"The Ministry of Road Transport and Highways has issued a notification dated 14th June 2021, for a common format of the PUC Certificate to be issued across the country, under Central Motor Vehicle Rules 1989,".

The new PUC will have the vehicle owner's mobile number, name and address, engine number and chassis number.

"The owner's mobile number has been made mandatory, on which an SMS alert will be sent for validation and fee,"

The statement said the concept of rejection slip is being introduced for the first time.

"A common format of rejection slip is to be given to the vehicle owner in case the test result value is more than the maximum permissible value, as mandated in the concerning emission norms," 

This document can be shown at the service centre to get the vehicle serviced or used, in case the PUCC centre device is not working properly when tested at another centre.

If the enforcement officer has reason to believe that a motor vehicle is not complying with provisions of emission standards, he may communicate in writing or through electronic mode to direct the driver or any person-in-charge of the vehicle to submit the vehicle for conducting the test in any one of the authorised PUC testing stations.

"If the driver or person-in-charge of the vehicle fails to submit the vehicle for compliance or the vehicle fails to comply, the owner of the vehicle shall be liable for payment of the penalty," it said.

The statement said that enforcement would be IT-enabled and would help in better control over polluting vehicles.

"If the owner fails to comply with this, the registering authority shall, for reasons to be recorded in writing, suspend the certificate of registration of the vehicle and any permit granted, until such time a valid PUC certificate is generated,"

Wednesday, July 14, 2021

Bombay High Court decides to allow use of A4 size paper printed on both sides to file pleadings in High Court

The Bombay High Court has decided to use A4 size paper printed on both sides to file pleadings in the High Court (Ajinkya Mohan Udane v. Registrar General, Bombay High Court).

The notification issued by Mahendra Chandwani, Registrar General of High Court amending the High Court Rules provides use of "superior quality A4 size paper not having less than 75 GSM with printing on both sides" instead of "foolscap size paper"

Read Notification

Read Circular

Tuesday, July 13, 2021

Sunday, July 11, 2021

AMUL wins Trademark case in Federal Court of Canada

The Court held that the defendant, a company by the name Amul Canada infringed the exclusive trademark and copyright of the brand name "AMUL" owned by Indian companies and awarded damages of $15,000 in favour of Amul.

Friday, July 9, 2021

"RTI replies not very reliable, do not cite RTI documents:" Supreme Court

Information obtained through the Right to Information Act (RTI Act) need not necessarily be reliable and lawyers should refrain from citing the same as authorities while arguing cases, the Supreme Court orally remarked on Friday (Ashish Kumar Saxena vs the State of UP)

The observation was made by a Bench of Justices AM Khanwilkar and Sanjiv Khanna while hearing an appeal against an order of the Allahabad High Court.

"Do not cite a RTI reply. It is not very reliable as per our experience. If the letter ends with some other authority, the reply is something completely different," said Justice AM Khanwilkar.

The appellants submitted that illegal demolition was carried out by the authorities in their privately owned land. The plea stated that the Gorakhpur Development Authority carried out demolition on their land. If the process is not stopped, then six families with twenty-five persons will lose their shelter.

The appellant contended that as per information obtained under RTI, the concerned plot is reserved for the land use of residential and block park as per the master plan.

"This information was also issued by GDA i.e. the act under the Urban Planning and Development act," argued the appellant.

The top court asked the appellant not to rely on RTI replies.

"Do not cite RTI documents," the Court reiterated.

Thursday, July 8, 2021

Facebook cannot wash their hands off the issue; their role is not as innocuous as they claim: Supreme Court

A Bench of Justices Sanjay Kishan KaulDinesh Maheshwari, and Hrishikesh Roy stated that unless the Peace and Harmony committee embarks on a course completely devoid of its functional mandate specified by the Assembly, widest amplitude must be given to the functioning of such a committee.

"It is the parliamentary committee system that has been recognised as a creative way of parliaments to perform their basic functions. The same principle would apply, even if it is to some extent beyond their legislative domain," the Court said.

Supreme Court ruled the following:

1. There is no dispute about the right of the Assembly or the Committee to proceed on grounds of breach of privilege per se.

2. The power to compel attendance by initiating privilege proceedings is an essential power.

3. Members and non-Members (like the petitioners) can equally be directed to appear before the Committee and depose on oath.

4. In the given facts of the case, the issue of privileges is premature.

5. Canvassing a clash between privileged powers and certain fundamental rights is also preemptory in the present case.

6. The Assembly admittedly does not have any power to legislate on aspects of law and order and police in view of Entries 1 and 2 of List II in the Seventh Schedule inter alia being excluded. Further, regulation of intermediaries is also subject matter covered by the I.T. Act.

7. In the larger context, the concept of peace and harmony goes much beyond law and order and police, more so in view of on the-ground governance being in the hands of the Delhi Government.

8. Para 4(vii) of the Terms of Reference does not survive for any opinion of the Committee. It will not be permissible for the Committee to encroach upon any aspects strictly within the domain of Entries 1 and 2 of List II of the Seventh Schedule. As such, any representative of the petitioners would have the right to not answer questions directly covered by these two fields.

Read Judgment

Wednesday, July 7, 2021

Complainant was aware accused was married, freely exercised choice: Madras High Court grants bail to former TN Minister M Manikandan in rape case

Justice M Nirmal Kumar after a preliminary examination of the allegations leveled opined that it was unlikely that the complainant had been inducted into the relationship on the false pretext of marriage.

"The de facto complainant was aware of the fact that the petitioner was a married man ... the defacto complainant had sufficient intelligence to understand the significance of marriage, quality of the act she was consenting and she continued her relationship in secret till lodging of the complaint. The defacto complainant had shown no resistance to the petitioner's overtures. Thus, freely exercised a choice between resistance and assent. Thus, there is a clear distinction between rape and consensual sex," the order stated.

"From the complaint and the materials so far collected, it is seen that though the defacto complainant claims that she was forced to go for abortion, in none of the occasion the petitioner had taken her forcibly or accompanied her during the abortion," the Court said.

Monday, July 5, 2021

Supreme Court issues directions to ensure speedy execution of decrees in civil proceedings

The apex court also directed all High Courts to update Rules relating to decrees within one year of the order with an endeavour to expedite the process of execution by using Information Technology tools.

The execution proceedings which are supposed to be the handmaid of justice and sub-serve the cause of justice are, in effect, becoming tools which are being easily misused to obstruct justice," the Court observed in its order.

The decision came on appeals filed in a dispute that began in Bangalore in 1987 and resulted in several civil and criminal proceedings.

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Saturday, July 3, 2021

Rajasthan High Court asks Bar Council to take action against lawyer who used "filthy language, hurled abuses.

The Rajasthan High Court on Friday asked the Bar Council of Rajasthan to take appropriate action against a lawyer who used obnoxious and filthy language and hurled abuses at the Court while presenting his case.

"Advocate Ramawatar Singh Choudhary appearing on behalf of the petitioner through video conferencing used filthy language before this Court and argued the matter loudly and in a shouting manner which is against the decorum of the Court and even he abused the Court which amounts to Contempt of Court," 

The counsel for the petitioner, Mr Ramawatar Singh Choudhary inappropriately opened up passing unwelcoming comments upon this Court. His behaviour and demeanour were certainly of maligning the dignity and decorum of the Court. The Counsel deliberately and willfully uttered obnoxious and filthy language which is normally used by cheaters and street goons. Counsel Mr Ramawatar Singh Choudhary didn’t hold his horses and went on uttering direct abuses to this Court personally, further, the counsel commented badly upon the functioning of the Court on the judicial side,"

Read Judgment