Legal Update as on 07.12.2022

legal-updates
  1. SIKKIM HC: IF TRIAL COURT AWARDED MINIMUM PUNISHMENT REQUIRED BY LAW, CANNOT REDUCE SENTENCE – According to the Sikkim High Court, the Appellate Court cannot lessen the minimum term that must be given to those who violate the law. It was found that the courts cannot modify a sentence that the legislature has set as the absolute minimum when there is no room for discretion.
    SUMAN GURUNG V. STATE OF SIKKIM
  1. ORISSA HC TO DGP: CONSIDER THE OPTION OF REGISTERING E-FIRS, SPECIFICALLY IN CASES OF CRIMES AGAINST WOMEN – In order to better combat crimes against women, the Orissa High Court has ordered the Director General of Police, Odisha (DGP) to investigate the potential of registering “e-First Information Reports (e-FIRs)” in the State, particularly in situations of crimes against women.
    JP V. STATE OF ODISHA & ORS.
  1. J&K&L HC: If an appointment was obtained fraudulently, an inquiry prior to termination is not necessary. – According to the Jammu and Kashmir and Ladakh High Court, an employer is not required to conduct an investigation before terminating an employee’s employment if the appointment is illegal in the eyes of the law or was made by forgery and fraud.
    MTR MEHMOODA VS STATE OF J&K
  1. SC – EXAMINE THE LACK OF UNIFORMITY IN THE LAWS GOVERNING CAVERIC ORGAN TRANSPLANTATION AMONG THE STATES – The Transplantation of Human Organs and Tissues Rules, 2014, have been ordered by the Supreme Court to review the lack of uniformity in state-by-state cadaveric organ transplant laws.
    GIFT OF LIFE ADVENTURE FOUNDATION V. UOI AND ORS.
  1. SC: IN THE EVENT OF CONVICTION, THE POWER UNDER SECTION 319 CRPC MUST BE EXERCISED PRIOR TO PRONOUNCING THE SENTENCE – In cases where the accused has been found guilty, the power under Section 319 of the Criminal Procedure Code must be invoked and used before the order of sentencing is given; in cases where the accused has been found innocent, the power must be used before the order of acquittal is given.
    SUKHPAL SINGH KHAIRA V. STATE OF PUNJAB
  1. HC: THE COURT IN WHOSE LIMITS THE EMPLOYEE DRAWES PENSION HAS JURISDICTION TO HEARS A PETITION FOR DUES – The Kerala High Court has held that such petitions can be brought before the court with territorial jurisdiction over the location where the retired employee was receiving pension, while also observing that retired employee convenience must be given preference in petitions filed for claiming terminal benefits due to them.
    S. ANIL AND ANR. V. M/S HIL (INDIA) LTD AND ORS.
  1. ORISSA HC – MERIT LIST NOT A RESERVOIR FOR FUTURE APPOINTMENTS – The Orissa High Court concluded that a merit list cannot be regarded as a reservoir for the purposes of appointments when refusing appointment to a candidate who petitioned the court 15 years after the publication of the merit list.
    KALANDI CHARAN BARIK V. STATE OF ODISHA & ORS.
  1. DELHI HC: DETERMINING FACTORS FOR MOTHER’S CHOICE & CHILD’S QUALITY OF LIFE IN FETAL ABNORMITIES – The Delhi High Court has ruled that the mother’s choice, as well as the potential of a life with dignity for the unborn child, must be taken into consideration while making a final decision in pregnancy cases involving foetal abnormalities.
    Mrs.X Vs GNCTD & ANR.
  1. SC – EXAMINE WAYS TO IMPROVE THE CONDITIONS OF THOSE WITH CHRONIC FATIGUE SYNDROME. – The Ministry of Health and Family Welfare has been instructed by the Supreme Court to investigate ways to improve the situation of people with chronic fatigue syndrome after hearing a petition from a person who claimed to have Myalgic Encephalomyelitis/Chronic Fatigue Syndrome.
    SREENIVASA CHAKRAVARTHY V. UNION OF INDIA

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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