Legal Update as on 08.11.2022

legal-updates
  1. SC DISAGREES WITH HIGH COURTS’ PRACTICE OF PHONE CALLS FOR ANSWER SCRIPTS FOR ORDERING REVALUATION – The Supreme Court has ruled that revaluation cannot be ordered if the regulation does not do so since sympathy or compassion have no bearing on the situation. The Supreme Court has disapproved of High Courts’ practise of asking for answer scripts or sheets to order revaluation.
    NTR UNIVERSITY OF HEALTH SCIENCES VS DR. YERRA TRINADH
  1. SC – SC APPLIES LARR ACT FOR THE 1988 ACQUISITIONS OF MAHANADI COALFIELDS – The Supreme Court ruled that the Land Acquisition, Rehabilitation and Resettlement (LARR) Act, 2013, will apply to the residents of four villages whose lands were taken over for coal fields, while also providing relief to a number of people who were displaced as a result of Mahanadi Coalfields Ltd.’s land acquisition in 1988.
    MAHANADI COAL FIELDS LTD. & ANR. V. MATHIAS ORAM & ORS.
  1. SC – A SUBSEQUENT PURCHASER DOES NOT HAVE THE RIGHT TO RELEASE THE PROCEEDINGS FOR LAND ACQUISITION. – According to the Supreme Court, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act of 2013’s Section 21(2) does not permit a later buyer to assert the termination of acquisition proceedings.
    DELHI DEVELOPMENT AUTHORITY VS DAMINI WADHWA
  1. SC: THE BALLISTIC REPORT SENT UNDER SEAL IS ACCESSIBLE AS EVIDENCE – According to a ruling by the Supreme Court, a ballistic report submitted by a lab’s director, deputy director, or assistant director under seal can be deemed to have complied with the law as described in Section 293 CrPC and be used as evidence.
    ASHOK KUMAR CHANDEL VS STATE OF UP
  1. SC: IF FOREIGN VISIT IS INVOLVED, TDS WILL BE DEDUCTED FROM LTC – The money obtained by SBI workers for their LTC claims is not eligible for the exemption under Section 10(5) of the Income-Tax Act, according to the Supreme Court, which noted that the Leave Travel Concession (LTC) is not for overseas travel and that these employees had travelled abroad.
    STATE BANK OF INDIA VS ASSISTANT COMMISSIONER OF INCOME TAX
  1. SC – SC UPHOLDS EWS RESERVATION IN EDUCATION AND PUBLIC EMPLOYMENT – The 103rd Constitutional Amendment, which established a 10% reserve for Economically Weaker Sections (EWS) in education and public employment, was upheld by the Supreme Court by a vote of 4:1.
    JANHIT ABHIYAN V. UNION OF INDIA
  1. DELHI HC – THE DELHI HIGH COURT HELD THAT THE WORD “MEDIATION” IN THE ARBITRATION CLAUSE DID NOT ALTER THE CLAUSE’S NATURE. – The Delhi High Court ruled that an arbitration clause would not lose its meaning only because the word “mediation” was used as its nomenclature. Instead, the court should consider the substance of the agreement when interpreting a contractual condition.
    CONSOLIDATED CONSTRUCTION CONSORTIUM LIMITED V. SDMC
  1. DELHI HC – THE DEL HC REJECTS SCI-APPLICATION HUB’S FOR WITHDRAWAL OF ADMISSION AFTER ACCEPTING PUBLISHERS’ COPYRIGHT. – Sci-Hub founder Alexandra Elbakyan’s request to remove an earlier admission admitting the copyright ownership of publishing firms Elsevier, Wiley, and American Chemical Society in an ongoing litigation has been denied by the Delhi High Court.
    ELSEVIER LTD. AND ORS. v. ALEXANDRA ELBAKYAN AND ORS.
  1. SC – IF ACCUSED IS RELEASED FROM SCHEDULED OFFENSE, PMLA PROSECUTION CANNOT CONTINUE – According to the Supreme Court, if the accused is absolved of the scheduled offence, the prosecution under the Prevention of Money-Laundering Act (PMLA) cannot proceed.
    INDRANI PATNAIK VS ENFORCEMENT DIRECTORATE
  1. SC – ALLAHABAD HC’S CHOICE TO DISQUALIFY AZAM KHAN’S SON FOR NOT MEETING AGE CRITERIA IS UPHELD BY THE SC – The Allahabad High Court’s order to disqualify Mohd. Abdullah Azam Khan, a Rampur MLA, for failing to reach the age of 25 by the election’s date as required by Article 173(b) of the Constitution has been rejected by the Supreme Court.
    MOHD. ABDULLAH AZAM KHAN V. NAWAB KAZIM ALI KHAN

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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Legal Updates