Legal Update as on 28.03.2023

Legal Update
  1. HC UPHOLDS ASSAM GOVERNMENT’S NOTIFICATION ON DEEPOR BEEL WILDLIFE SANCTUARY – The Gauhati High Court noted that the preservation and protection of Deepor Beel is a measure in the greater public interest for the citizens of Guwahati city while upholding the Assam Government’s notification designating the area as a wildlife sanctuary.
    The State of Assam v. Deepar Beel Pachpara Samabai Samity Ltd. & 2 Ors.
  1. Provide Rs. 5 lakh in compensation to the wife of the wrongful death victim, GAU. HC to ASSAM Govt. – The Assam Government has been ordered by the Gauhati High Court to pay a victim’s wife Rs. 5 lakh in restitution after he passed away in custody due to medical authorities’ mistakes in failing to provide him with timely, suitable, and necessary care.
    Shahar Banu vs. The State of Assam and Ors.
  1. REFRAIN FROM CAPTURING WILD TUSKER “ARIKOMBAN” UNTIL MARCH 29, KER. HC TO FOREST DEPT. – The Kerala High Court has ordered the Forest and Wildlife Department to hold off on catching the wild tusker “Arikomban,” which was allegedly causing property damage in populated areas by feeding in the Chinnakana district.
    In Re Bruno v. Union of India & Ors.
  1. HC: A MAGISTRATE CANNOT ISSUE AN AUTOMATIC ORDER TO END AN INVESTIGATION UPON THE EXPIRATION OF SIX MONTHS. – According to the Calcutta High Court, a magistrate may order the end of an investigation if the investigating officer is unable to persuade the magistrate that it is necessary to continue the investigation after six months in the interests of justice. This means that there cannot be an automatic order to stop an investigation after six months has passed.
    Kamal Ghosh & Anr. v. The State of West Bengal & Anr.
  1. HC: THE IMPORTANCE OF MALE COUNTERPART IN THE ASSISTED REPRODUCTIVE TECHNOLOGY PROCESS IS DIMINISHED – According to the Calcutta High Court, it appears that the Assisted Reproductive Technologies (ART) Act, 2021 has dismissed the relevance of a male as a member of a commissioning couple and even as a required component of ART entirely.
    Saswati Mohury & Anr. v. The Union of India & Ors.
  1. HC CALCUTTA COMMUTES MAN CONVICTED OF MURDERING PARENTS’ DEATH PENALTY – The death sentence of a man who was found guilty of killing his parent was mitigated by the Calcutta High Court to life in prison till natural death without the possibility of parole after the court noted that the case did not qualify as one of the rarest of rare cases.
    State of West Bengal v. Sovan Sarkar
  1. HC: SANATAN SANSTHA IS NOT A BANNED ORGANIZATION PURSUANT TO UAPA – The Bombay High Court noted that “Sanatan Sanstha” has not been designated as a banned or terrorist organisation under UAPA while granted bail to two members of Sanatan Sanstha in the Sunburn Terror Attack Plot 2017 and Nallasopara Weapons Haul Case 2018.
    Pratap Judhisthir Hajra V/s. State of Maharashtra
  1. AP HC: STATE FOOD SAFETY COMMISSIONER CANNOT IMPOSE A BAN ON THE MAKING AND SALE OF GUTKA AND PAN MASALA – According to the Andhra Pradesh High Court, the State Commissioner of Food Safety is not qualified to use his or her authority under Section 30(2)(a) of the 2006 Food Safety and Standard Act to issue a notification prohibiting the production and sale of tobacco pan masala.
    Dasa Shekar v. The State of A.P.
  1. CAL HC: THE TRANSFER DEED INCLUDES THE TRANSFEREE’S SUBSEQUENT UNDERTAKE TO PROVIDE BASIC AMENITIES. – According to the Calcutta High Court, the declaration, which takes the form of an agreement made by the transferee and has a particular clause requiring him to take care of the transferor’s physical and fundamental necessities, shall be regarded as an extension and integral part of the Deed of Gift.
    Amar Nath Dutta v. The State of West Bengal & Ors.
  1. Banks must provide borrowers with an opportunity for a hearing before classifying A/CS as fraud, according to SC. – According to the Supreme Court, a party cannot be labelled as “a dishonest borrower” or “a holder of a fraudulent account” until all applicable rules of audi alteram partem have been followed.
    State Bank of India vs Rajesh Agarwal and connected cases

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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