Legal Update as on 10.01.2023

legal-updates
  1. THE HC OF KERALA – BEING POOR IS NOT A CRIME – The Kerala High Court ruled that assisting parents sell goods on the street is not child labour and ordered the release of two youngsters who had been taken to a shelter home for suspected forced child labour.
    PAPPU BAWARIYA AND ANOTHER V DISTRICT COLLECTOR CIVIL STATION AND OTHERS
  1. KERALA HC – Circulars issued by the state or the centre are not legally binding on the court. – While noting that circulars or explanations published by the Central Government only indicate their interpretation of the legislative provision, the Kerala High Court has ruled that they are not legally binding on the Court.
    SIRAJ V. STATE OF KERALA AND ABHILASH V. STATE OF KERALA AND ANR.
  1. MADRAS HC TO STATE – ONLY LICENSED CONSUMERS MAY PURCHASE INDIAN MADE FOREIGN LIQUOR. – The Madras High Court has proposed enforcing a license scheme for the sale, purchase, and consumption of Indian Made Foreign Liquor in an effort to combat the problem of alcohol misuse and underage drinking.
    B RAMKUMAR ADITYAN V. ADDITIONAL CHIEF SECRETARY AND OTHERS
  1. DEL HC – MAN TRIED WITHOUT ANY LEGAL ASSISTANCE IS ACQUITED BY DELHI HC – While acquitting a man because the trial was tainted by the accused’s failure to receive legal help, the Delhi High Court noted that this was a classic instance of a trial court disregarding the principles of justice because the accused didn’t have any efficient legal representation.
    SUNIL VS STATE
  1. DEL HC – SHOW SENSITIVITY TO UNDERTRIALS, DELHI HC ADVISES TRIAL COURT JUDGES -While noting that criminal courts must take victim rights into account, they also cannot ignore the rights of an accused person or a convicted person, the Delhi High Court instructed Trial Court judges to have compassion in circumstances where accused people are awaiting trial in jail.
    SAAD AHMED SIDDIQUI (IN J.C.) & ORS. v. THE STATE (GOVT. OF NCT OF DELHI)
  1. SC – THE SUPREME COURT HAS TRANSFERRED APPLICATIONS FOR THE RECOGNITION OF SAME-SEX WEDDINGS IN INDIA THAT WERE PENDING BEFORE THE HCS TO ITSELF. – The petitioners have also been given permission to participate on a virtual platform and present their arguments.
    SUPRIYO @ SUPRIYA CHAKRABORTY AND ANR. v. UNION OF INDIA| W.P.(C) No. 1011/2022 PIL-W; KAVITA ARORA AND ANR. v. UNION OF INDIA AND ANR; ADITI ANAND A
  1. SC – REJECTED COMPLAINT ACCUSING OFFENSE BASED ON SC/ST ACT – The Supreme Court noted that when a private civil dispute between the parties was turned into criminal proceedings, it amounted to an abuse of the legal system and quashed a complaint alleging violations of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
    VENKATESHWARAN VS BHAKTHAVACHALAM
  1. FORMULATE A PLAN FOR REGULATING NGOS’ FUNDS, SC TO CENTER – In response to a petition by ML Sharma accusing Anna Hazare of taking money from the government and using it for personal advantage, the Supreme Court has ordered the Central Government to create a comprehensive legislative or administrative plan to control the flow of money to NGOs.
    ML SHARMA V STATE OF MAHARASHTRA
  1. SC – MEETING OF THE CONDUCT EXPERT COMMITTEE REGARDING IMPLEMENTATION OF SECTION 136A OF THE MOTOR VEHICLE ACT (SC) – The Supreme Court ordered that a meeting be called by the chairperson of the SC Committee on Road Safety to lay out an agreed-upon formulation of modalities for implementing the provisions of Section 136A of the Motor Vehicles (MV) Act during the hearing of a petition regarding road safety through electronic monitoring.
    S RAJASEEKARAN V UOI
  1. SC – JUDGES WHO HAVE been transferred DO NOT FOLLOW LABELS – The Supreme Court clarified how vacancies in High Courts must be classified when a judge is moved from another High Court and said that the transferred judge does not go to the transferred High Court with the designation of a “bar judge” or a “service judge.”
    THE ADVOCATES ASSOCIATION BENGALURU VS BARUN MITRA AND ANR
  1. AP HC – ADVOCATE COMMISSIONER CANNOT BE APPOINTED TO COLLECT EVIDENCE FOR PARTIES. – The Andhra Pradesh High Court has held that an advocate commissioner cannot be appointed if there is no dispute regarding the property, its identity, or its measurements, even though it has been noted that local investigations are the best way to determine possession when there is a dispute regarding the identity of the property.
    KANDUKURI RAJABABU Versus THE RAJAHMUNDRY MUNICIPAL CORPORATION
  1. DEL HC – A DISPOSITION PERMITTING A DEDUCTION FOR THE WIFE OF AN AIR FORCE PERSONNEL’S MAINTENANCE PAYMENT IS UPHOLDED BY DEL HC – Section 92(i) of the Air Force Act of 1950, which permits deductions from pay and allowances of Air Force members for maintenance of the wife and their children, has been maintained by the Delhi High Court as constitutionally acceptable.
    VIRENDRA KUMAR v. UNION OF INDIA & ORS.
  1. SC – IF THE REQUIREMENTS TO ISSUE A NOTICE UNDER SECTION 148 OF THE IT ACT ARE SATISFIED, WP MAY BE PERMITTED TO EXAMINE. – According to a ruling by the Supreme Court, writ petitions can be considered to determine whether the requirements for issuing a notice under Section 148 of the Income Tax (IT) Act have been met.
    RED CHILLI INTERNATIONAL SALES VERSUS ITO

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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