Legal Update as on 10.02.2023

legal-updates
  1. MEGHALAYA HC ORDERES DELIVERING CENTRAL ARMED FORCES TO PREVENT ILLEGAL COAL MINING – The Meghalaya High Court has ordered the deployment of the CISF or CRPF to stop illegal coal mining after noting that local officials are engaged in manipulation and illegal coal mining and sounding the alarm about the likely consequences of such unscientific mining.
    Illegal mining of coal in the State of Meghalaya v. State of Meghalaya
  1. GAUHATI HC REQUESTS REPORTS ON IMPLEMENTATION OF APEX COURT’S DIRECTIONS FOR POLICE REFORM – The Governments of Assam, Mizoram, Nagaland, and Arunachal Pradesh have been ordered by the Gauhati High Court to submit affidavits demonstrating compliance with the orders given by the Supreme Court in Manish Kumar v. Union of India and Others regarding police reforms.
    XXXX v. In Re-State of Assam and 7 Ors.
  1. LACUNA IN ARBITRATION ACT NEEDS TO BE ADDRESSED, SAYS KERALA HC – While expressing its concern over the non-execution of an arbitration judgement that had been lingering for more than 10 years, the Kerala High Court noted that such cases should serve as a wake-up call to the stakeholders to close the gaps in the law and the procedural flaws.
    M/S Peniel Cashew Company V M/S.Ahcom Sarl
  1. MADRAS HC: TRIBUNALS ARE NOT AUTHORIZED TO GIVE INSTRUCTIONS ON ADVOCATES’ DRESS CODES – The Madras High Court held that Tribunals lack the authority to issue any instructions determining the dress code for appearance of attorneys before them while invalidating a notification issued by the Registrar of NCLT making it mandatory for advocates appearing before any bench of NCLT to wear gowns.
    R Rajesh v. Union of India and others
  1. HC: MAINTENANCE PROCEDURES TO PREVENT DESTITUTION OF DESERTED WIFE, NOT TO PUNISH HUSBAND – According to the Allahabad High Court, the goal of maintenance proceedings is to quickly provide a deserted wife with food, clothing, and shelter rather than to penalise a person for prior negligence.
    Bitola @ Rinku vs. State Of U.P. And Another [CRIMINAL REVISION No. – 811 of 2022]
  1. SC: IT IS EXCESSIVE TO COMPENSATE FOR A BAD HAIRCUT WITH RS. 2 CRORE – In overturning the National Consumer Disputes Redressal Commission’s (NCDRC) decision to compensate a model for a bad haircut and inadequate hair treatment with Rs. 2 crores, the Supreme Court ruled that compensation should be determined based on evidence rather than consumer claims.
    ITC Limited vs Aashna Roy | Civil Appeal No. 6391 OF 2021
  1. ASSURE E-FILING OF ALL REVENUE APPEALS BEFORE HCS AND TRIBUNALS, SC TO CENTRE – The Supreme Court has ordered the Center to make sure that all Revenue appeals are filed electronically with the High Courts and Tribunals.
    CCE and ST, Surat I v. Bilfinder Neo Structo Construction Ltd.
  1. SC: THE COLLECTOR CAN’T WAIT FOR APPROVAL TO ENACT THE ORDER AFTER APEX COURT PASSES IT. – While criticising the practise of authorities delaying the implementation of directives by requesting approval from their superior officials, the Supreme Court has ruled that there is no justification for doing so when the country’s highest court has issued a directive.
    Junagadh municipal corporation vs adarsh cooperative housing society
  1. PAT HC: JUST BECAUSE EVIDENCE OF WITNESS COULD NOT BE CROSS EXAMINED DOES NOT MAKE IT INADMISSIBLE. – The Patna High Court has stated that the weight to be given to such evidence should depend on the specifics of each case, even if it has been noted that evidence not put to the test of cross-examination can have no value but cannot be rejected as inadmissible.
    Anamika Pranav v. Anil Kumar Choudhary.
  1. GODREJ & BOYCE’S PLOT AT VIKHROLI HAS BEEN ACQUIRED BY BOMBAY HC FOR THE BULLET TRAIN PROJECT. – The Bombay High Court noted that there are no irregularities in the acquisition, the project is of utmost importance, and public interest will take precedence over private interest in refusing to set aside the purchase of Godrej & Boyce Manufacturing Co. Ltd’s site in Vikhroli.
    godrej vs the state of maharastra and others
  1. SC REJECTS SUN STROKE DEATH CLAIM UNDER INSURANCE COVERAGE FOR ACCIDENTAL DEATH – According to the Supreme Court, the insurance policy’s exclusion for “death only resulting purely and directly from accident caused by external violent and any other visible methods” does not apply to deaths caused by sunstroke that occur while a person is on electoral duty.
    NATIONAL INSURANCE COMPANY LTD. Versus THE CHIEF ELECTORAL OFFICER & ORS CIVIL APPEAL No.4769 OF 2022
  1. SC: WRIT JURISDICTION MAY BE APPLIED WHEN THE STATE IMPOSES ARBITRARY CONTRACTUAL TERMS. – While invalidating the condition that GAIL placed on IPCL, the Supreme Court ruled that it was subject to writ jurisdiction if the State failed to behave fairly or discriminatorily in its contractual dealings.
    M/s. Gas Authority of India Limited v. M/s. Indian Petrochemicals Corporation Ltd. And Ors

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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