Legal Updates 31/08/2022

Legal Updates

SHORTHAND TEST IS MANDATORY FOR THE POST OF PRIVATE SECRETARY TO JUDGES – SUPREME COURT – In dismissing a challenge to the Bombay High Court order prescribing shorthand tests as selection criteria for promotion as Private Secretary to the judges, the Supreme Court ruled that proficiency in stenography is essential to the discharge of duties by Private Secretaries.

SC: BCCI CAN BE SAID TO BE A ‘SHOP’ TO ATTRACT PROVISIONS OF THE ESI ACT  – For purposes of attracting the provisions of the Employees State Insurance Act, 1948, the Board of Control for Cricket in India (BCCI) may be considered a shop for the purpose of providing entertainment by selling tickets, according to the Supreme Court.

QUASH CRIMINAL COMPLAINT IF OFFENSES ARE NOT MADE OUT – SUPREME COURT – A criminal complaint must be quashed if no offense is shown by a careful reading of it, even if all the averments are true but none of the ingredients of the offense are present.

TELEGRAM DIRECTED TO DISCLOSE INFORMATION ABOUT THE COPYRIGHT INFRINGERS USING ITS PLATFORM – DELHI HC: – A court in Delhi ruled that copyright infringers cannot seek shelter under Telegram’s policies solely because its servers are located in Singapore and that courts can order Telegram to comply with Indian laws and disclose information about infringers.

ARBITRATORS FIXING THEIR FEES UNILATERALLY VIOLATES THE AUTONOMY OF THE PARTIES – Arbitrators cannot unilaterally fix their fees without the parties’ consent, according to the Supreme Court. Additionally, the 4th schedule of the Arbitration and Conciliation Act 1996 does not mandate any fee scale.

STEPSON WAS OBLIGED TO MAINTAIN HER FATHER IF HE FULFILLED HIS RESPONSIBILITIES – Calcutta High Court has held that when a stepfather fulfills the same responsibilities as the biological father, a stepson cannot deny his obligation to maintain him. Furthermore, the Court ruled that the biological mother, who has contracted the second marriage, has a right to seek maintenance.

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Legal Updates