Legal Update as on 06.03.2023

Legal Update
  1. PENSION LIABILITY FOR SERVICES RENDERED IN NEFA PRIOR TO IT BECOMING A.P. IS ON CENTRE, SAYS THE KERALA HIGH COURT – According to the Kerala High Court, the Central Government, not the State of Arunachal Pradesh, would be responsible for paying the family pension obligations of a person who passed away while serving in the North-Eastern Frontier Agency (NEFA), now known as Arunachal Pradesh (A.P).
    Saudamini v. Union of India & Ors.
  1. German national accused of sexual abuse is permitted to leave India by the Delhi High Court. – A German person accused of sexually abusing minors has been granted extradition after the Delhi High Court backed the Trial Court’s decision to do so.
    Bernd Alexander Bruno Wehnelt vs. Union of India
  1. SC: MERE ACQUITTAL IN A CRIMINAL CASE DOES NOT ENSURE REINSTATEMENT FOR THE EMPLOYEE – The Supreme Court has ruled that a person’s simple acquittal does not entitle them to reinstatement in their position, while also noting that it cannot be assumed that they were wrongly implicated or that they had no criminal history simply because they were acquitted or found not guilty.
    Imtiyaz Ahmad Malla vs State of Jammu & Kashmir
  1. SC: POWER TO TRANSFER CASES TO CBI MUST BE USED CAREFULLY BY THE COURT – The Supreme Court has ruled that the ability to transfer cases must only be exercised in cases when the court determines, after carefully considering the facts and circumstances, that there is no other way to ensure a fair trial without an investigation by the CBI or another specialised agency.
    Royden Harold Buthello & Anr Vs State Of Chhattisgarh & Ors
  1. CHHATTISGARH HC: CAN’T IMPLY THAT ACCUSED SEXUALLY EXPLOITED VICTIM IS ST COMMUNITY MEMBER – According to the Chhattisgarh High Court, it cannot be inferred that the accused was able to dominate the victim’s will in order to sexually exploit her just because she is a member of the Scheduled Tribe (ST) community.
    Suresh Ram Vishvakarma v. State of Chhattisgarh
  1. HC: CAN’T ENTERTAIN PLEA FOR DEMOLITION UNTIL SPECIFIC AREA OF ENCROACHMENT MENTIONED – In dismissing a request for the demolition of an alleged illegal encroachment in Gujarat Housing Board’s Chandkheda neighbourhood of Ahmedabad, the Gujarat High Court made the ruling that the Court would not be able to issue any instructions absent specific identification of the alleged illegal encroachment.
    Rajveer Pravinchandra Upadhyay & 4 Ors. v. State of Gujarat & 3 Ors.
  1. HC: USE CAUTION WHEN PASSING REGULATIONS AGAINST INVESTIGATING AUTHORITIES – The Delhi High Court ruled that judges must use more restraint and caution when imposing restrictions on investigating authorities and police officers regarding their professional abilities because doing so could undermine someone’s confidence and have a detrimental effect on their employment and reputation.
  1. SC: ELECTION COMM’R TO BE APPOINTED ON ADVICE OF COMMITTEE COMPOSED OF PM, OPPOSITION LEADER, & CJI – According to a Supreme Court Constitution Bench ruling, the President would select election commissioners on the recommendation of a committee made up of the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice.
    Anoop Baranwal v. Union of India
  1. HP HC: CHEQUE DISHONOR INFRACTIONS MAY BE COMPOUNDED AFTER CONVICTION – According to the Himachal Pradesh High Court, courts may proceed to compound an offence even in circumstances where the offender has already been found guilty under Section 147 of the Negotiable Instruments Act.
    Naresh Kumar Vs Trilok Chand.
  1. HC: Absence of TI Parade Doesn’t Prevent Accused Person’s Identification in Court – The Kerala High Court ruled that even in the absence of a test identification (TI) parade, recognising an accused person in court constitutes substantial evidence if ocular evidence and identification of the offender by witnesses in court are convincing.
    Sabu @ Eetty Sabu v State of Kerala

Legal Disclaimer: The information contained in this blog post is for general information and educational purposes only. Nothing contained in this blog post should be construed as legal advice from The Aran Law Firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter.

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