Legal Update as on 19.01.2023

legal-updates
Legal Update
  1. GAUHATI HC REPEALS NAGAON TRIBUNAL’S 2018 DECISION CONDITIONALIZING ASSAM RESIDENT AS A “FOREIGNER” – In its judgement to overturn a Nagaon Tribunal order from 2018 designating a resident of Assam as a foreigner, the Gauhati High Court noted that the Foreigners Tribunal had failed to consider the evidence that was available at the time it made its ruling.
    JAMIR ALI V. UNION OF INDIA & 6 ORS.
  1. P&H HC: PERSON CAN RAISE PLEA OF JUVENILITY EVEN AFTER CONVICTION – Punjab and Haryana High Court has held that plea of juvenility can be raised by a person even after his conviction and sentence, as per which plea, the authorities shall be bound to conduct an age determination inquiry.
    ABC V. STATE OF HARYANA
  1. IN THE CASE INVOLVING THE ALLEGED “KHUDA BELIEVERS” REMARK, ALL. HC DENIES RELIEF TO KEJRIWAL. – Arvind Kejriwal’s discharge request in connection with a 2014 case in which he was accused of saying “jo Bhajpa ko vote dega use Khuda bhi muaf nahin karega, des ke sath gaddari hogi” was denied by Sultanpur Court, and the Allahabad High Court has maintained this decision.
    ARVIND KEJRIWAL VS. STATE OF U.P. THRU. PRIN. SECY./ADDL.CHIEF SECY. HOME AND ANOTHER
  1. SC – A CHILD ADOPTED AFTER A GOVERNMENT EMPLOYEE’S PASSING IS NOT ELIGIBLE FOR FAMILY BENEFITS – The Supreme Court ruled that a child adopted by a deceased government employee’s widow after his death cannot be included in the definition of “family” for purposes of claiming a family pension under Rule 54(14)(b) of the Central Civil Services (Pension) Rules, 1972.
    SHRI RAM SHRIDHAR CHIMURKAR VS UNION OF INDIA
  1. SC CAUTION COURTS – WIKIPEDIA IS NOT ENTIRELY TRUSTWORTHY – Although these sources are a gold mine of information, the Supreme Court has warned courts and adjudicating authorities against using them for legal dispute settlement, noting that they are based on a crowd-sourced and user-generated editing paradigm that is not entirely reliable.
    HEWLETT PACKARD INDIA SALES PVT. LTD. VS COMMISSIONER OF CUSTOMS (IMPORT), NHAVA SHEVA
  1. SC – ACCUSED CANNOT BE CONVICTED ON THE BASIS OF THE “LAST SEEN” CIRCUMSTANCE ALONE – The Supreme Court ruled that the “last seen” theory has a limited scope and that a court should not condemn an accused person solely on the basis of this doctrine while overturning the concurrent conviction of a murder suspect.
    JABIR VS STATE OF UTTARAKHAND
  1. HC – CITIZENS HAVE A RIGHT TO BE AWARE OF THE CONDITIONS THAT PREVENT THEM FROM PARTICIPATING IN PROTESTS. – While stating that individuals have a right to know the criteria used by the State Police to grant or deny permission to hold protests or rallies, the Gujarat High Court ruled that failing to make these criteria public will kill and smother the entire objective of the Right to Information Act.
    SWATI RAJIV GOSWAMI V. COMMISSIONER OF POLICE, AHMEDABAD
  1. HC – CANNOT QUASH ACTIONS ON THE BASIS OF A COMPROMISE BETWEEN THE ACCUSED AND THE VICTIM – As a result of the Allahabad High Court’s refusal to halt the case on the grounds of a settlement between the accused and the injured victims, it was determined that the society as a whole, not just the injured sons of the informant, was the target of the crimes. As a result, the victims have no authority to pardon the accused.
    SANNI @ NITISH @ NITISH AGRAHARI AND 2 OTHERS VS. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
  1. SC – JOINING FORCE AFTER SUPPRESSING CRIMINAL CASES IS A GRAVE MISDEMEANOUR – While noting that entering a disciplined force like the CISF by suppressing criminal matters is serious misconduct, the Supreme Court has ruled that the authority of judicial review against departmental enquiry committee orders is only restricted to ensuring that the individual is treated fairly.
    EX-CONST/DVR MUKESH KUMAR RAIGAR VERSUS UNION OF INDIA & 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.

Tags :

Share This:

Legal Updates