Daily Legal Update – 30-08-2022

Legal Updates

SC: DRAWER LIABLE EVEN IF DETAILS OF CHEQUE WAS FILLED UP BY SOME OTHER PERSON  – It has been ruled by the Supreme Court that a drawer of a check is liable even if the details in the check have been filled in by someone other than the drawer. Moreover, the Court held that a handwriting expert’s report cannot rebut the presumption that arises by signing the check.

SC REFUSES TO STOP NEET-PG 2022 COUNSELING – In its ruling, the Supreme Court held that it was not going to interfere with the NEET-PG 2022 counseling process, which is scheduled to begin on September 1st, and stated that the court cannot jeopardize students’ futures.

SC REFUSES TO HEAR PIL SEEKING INVESTIGATION OF ALLEGED RAFALE DEAL SCAM BASED ON FRENCH AGENCY REPORTS – The Supreme Court has refused to hear a PIL seeking an inquiry into the Rafale deal based on reports in a French newspaper allege Dassault Aviation paid bribes to an Indian middleman.

APPEAL AGAINST ITAT ORDER MUST BE FILED BEFORE HC IN WHOSE JURISDICTION AO SITUATES – In a recent judgment, the Supreme Court held that appeals against Income Tax Appellate Tribunal (ITAT) orders should be addressed to the High Court located in the county of the Assessing Officer (AO) who passed the assessment order.

THE SUPREME COURT HAS CONDEMNED THE GOVERNMENT OF JHARKHAND FOR ARRESTING NEWS 11 BHARAT REPORTER – In refusing to interfere with the interim bail order granted to News 11 Bharat Journalist by the Jharkhand High Court, the Supreme Court has ruled there had been an excess of state power and expressed concern over the manner in which he was arrested from his home.

BHANG IS NOT COVERED UNDER NDPS ACT, THE PROSECUTION MUST SHOW IT IS PREPARED FROM CHARAS – KARNATAKA HIGH COURT – It was held by the Karnataka High Court, while granting bail to a man who had been accused of possessing Bhang, that Bhang does not fall within the Narcotics Drugs and Psychotropic Substances Act (NDPS) and there is no scientific evidence that the Bhang was prepared from either charas or ganja.

ITAT: INCOME TAX NOT APPLICABLE ON COMPENSATION RECEIVED FROM THE GOVERNMENT FOR COMPULSORY ACQUISITION OF LAND – Patna Bench of the Income Tax Appellate Tribunal (ITAT) has ruled that compensation received for government’s compulsory acquisition of land should not be taxed.

SC: YOUNG COUPLES CAN NOT BE MADE TO WAIT 3-4 YEARS FOR THE ADOPTION OF A CHILD – A Supreme Court ruling holds that the Indian adoption process needs to be reconsidered and that young couples should not have to wait three or four years to adopt a child.

SC: SPECIFIC RELIEF AMENDMENT IN 2018 IS PROSPECTIVE IN NATURE – 2018 amendments to the Specific Relief Act are prospective and cannot apply to transactions that took place prior to their effective date, which was 1.10.2018.

SC REFUSES TO REMOVE CEILING LIMITATIONS FOR IRON ORE PRODUCTION IN KARNATAKA – Centrally Empowered Committee’s recommendation that certain districts in the State of Karnataka be granted complete relaxation of the ceiling limit on the production of iron ore has been rejected by the Supreme Court.

AN INDIVIDUAL WITH A CONSENSUAL RELATIONSHIP IS NOT OBLIGED TO VERIFY THE DATE OF BIRTH OF AN INDIVIDUAL IN THEIR RELATIONSHIP – DELHI HIGH COURT – An accused in the rape case was granted bail by the court, which ruled that a person in a consensual physical relationship with another is not required to judicially scrutinise the other person’s date of birth (DOB) or Aadhar or PAN card before entering into a physical relationship with that individual.

GUJARAT HC GRANTS BAIL TO 8 ACCUSED IN BHARUCH MASS-CONVERSION CASE – There is no prima facie evidence that the conversion was caused by force, the Gujarat High Court has granted 6 bail pleas filed by eight people accused of forcing tribals to convert their religion from Amod town in Gujarat’s Bharuch district.

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