Legal Update as on 12.01.2023

legal-updates
  1. GAUHATI HC – UNDERTRIAL CANNOT USE PRIVATE HOSPITAL CARE WHEN THE SAME IS AVAILABLE IN GOVT HOSPITAL – The Gauhati High Court ruled that an individual’s fundamental right to seek medical care cannot be understood to include the ability to receive pre-trial treatment at a private hospital of his choosing when such care is accessible in government hospitals.
    CHINTAN JAIN V. THE CENTRAL BUREAU OF INVESTIGATION
  1. HP HC – CAN’T EXTRACT CONFESSION USING CUSTODIAL INTERROGATION – While granting pre-arrest bail to an accused person, the Himachal Pradesh High Court noted that custodial interrogation cannot be used to obtain a confession.
    ROHIT CHAUHAN VS STATE OF HIMACHAL PRADESH
  1. ORISSA HC – PRECEDENTS MUST BE APPLIED IN CONTEXT The Orissa High Court has ruled that precedents cannot be applied arbitrarily in the adjudication of cases and must be applied with consideration for the relevant facts of each case. The court disapproved of the way the petitioner’s attorney attempted to cite specific judgements in support of his position.
    JUMMAN @ BADRUDDIN V. STATE OF ODISHA
  1. KER HC – NON-WOVEN BAGS OF 60 GSM AND ABOVE MAY NOT BE INCLUDED IN A LIST OF SINGLE-USE PLASTIC. – According to the Kerala High Court, the inclusion of non-woven bags with a GSM of 60 or higher in the list of prohibited single-use plastic items is arbitrary and illegal since it disregards GSM standards and violates the 2016 Plastic Waste Management Rules.
    NIBU KASIM & ORS. V. UNION OF INDIA & ORS. AND M/S GO GREEN BAGS V. UNION OF INDIA & ORS.
  1. ORISSA HC – PRIMA FACIE DISCLOSURE OF VIOLENCE SUFFICIENT TO MAINTAIN A COMPLAINT UNDER THE PWDV ACT – According to the Orissa High Court, a prima facie disclosure of domestic violence acts is sufficient to sustain a complaint under the 2005 Protection of Women from Domestic Violence Act, and the complainant is not need to provide details of every single act of domestic violence that occurred (PWDV Act).
    GIRISH PRASAD MISHRA & ANR. V. SMT. LOPAMUDRA KAR
  1. AP HC – SC’S TRIPLE TALAQ VERDICT WILL BE APPLICABLE IN THE PAST – The Andhra Pradesh High Court ruled that the Supreme Court’s 2017 ruling on triple talaq operates retroactively while overturning the trial court’s decision and denying the husband’s request for the declaration of a divorce decree upon the pronouncement of triple talaq.
    SHAIK JAREENA V. SHAIK DARIYAVALI
  1. HC – A foreigner’s life and freedom cannot be infringed upon when he is outside of India. – According to the Gujarat High Court, a foreign citizen who is not physically present in India cannot claim their right to life and liberty under Article 21 of the Indian Constitution.
    DHANRAJ RAJENDRA PATEL V. UNION OF INDIA
  1. SC – MANDATE EIA FOR ALL URBAN DEVELOPMENT – The Supreme Court advised that the Center and the State establish the necessary arrangements for carrying out Environmental Impact Assessment (EIA) assessments before approving urban development while issuing directives to conserve the history of “Corbusier” Chandigarh.
    RESIDENTS WELFARE ASSOCIATION & ANR. V. THE UNION TERRITORY OF CHANDIGARH & 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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