Legal Update as on 12.05.2023

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Legal Update
  1. KERALA HIGH COURT: SHUT DOWN ALL HOSPITAL IF DOCTORS CAN’T BE PROTECTED – When criticising the state and police over the murder of a doctor by a patient who had come in for a checkup, the Kerala High Court remarked that if doctors can’t be safeguarded, all hospitals should be closed; policing is to comprehend and prepare for the unexpected; otherwise, we don’t need you.
  1. When a mosquito bite results in death, insurance cannot be claimed under the category of “accident.” – While noting that insurance cannot be used when a death is brought on by a mosquito bite, the Calcutta High Court found that the definition of accidental death includes accidental injuries but excludes illness. The general opinion also tends to exclude deaths brought on by disease alone, unaccompanied by an accident.
    Chitra Mukherjee vs. Union of India & Ors. [W.P.A 103 of 2023]
  1. HC: THE COURT MUST INTERVENE WHEN THE WIFE ASKS FOR ASSISTANCE IN SEEKING EVIDENCE TO PROVE HER HUSBAND’S ADULTERY – While noting that the right to privacy is not absolute, the Delhi High Court ruled that the court must intervene when a wife asks for help from the court in obtaining evidence that would help demonstrate her husband’s infidelity; this would be in accordance with Section 14 of the Family Courts Act.
    SA v. MA
  1. SC: An employee cannot be denied a pension due to improper deductions from their pay. CPF SCHEME – According to the Supreme Court, the mere fact that some wage deductions were made incorrectly and the aggrieved person was mistakenly considered a member of the CPF Scheme cannot be used as a defence against his legitimate request for a pension.
    CALCUTTA STATE TRANSPORT CORPORATION VS ASHIT CHAKRABORTY
  1. CONSENSUAL RELATIONSHIP AND FAILURE TO SHOW VICTIM IS MINOR, JUSTIFICATION FOR BAIL UNDER POCSO, GAU. HC – While overturning a conviction of an accused under Section 6 of the POCSO Act, the Gauhati High Court decided that the accused may be given bail in circumstances where the prosecution is unable to establish that the victim is a minor and the relationship was not consensual.
    SRI UTPAL DEBNATH V. THE STATE OF ASSAM & ANR
  1. SC DISAGREES WITH RESTORING UDDHAV THACKERAY GOVERNMENT – Although the Supreme Court’s constitution bench noted that it couldn’t reinstate Uddhav Thackeray’s administration since he left without taking the floor test, it held that the court might have considered granting the remedy of reinstating the government had he not quit his position as chief minister.
    SUBHASH DESAI V. PRINCIPAL SECRETARY, GOVERNOR OF MAHARASHTRA AND ORS. WP(C) 493/2022
  1. SC: SERVICES UNDER DELHI GOV. CONTROL, EXCLUDING PUBLIC ORDER/POLICE/LAND – According to the Supreme Court Constitution Bench, the Delhi Government should have both legislative and executive authority, with the exception of matters like services pertaining to public order, police, and land that are outside of its legislative purview.
    GOVERNMENT OF NCT OF DELHI VS 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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