Legal Updates as on 05.05.2023

legal-updates
Legal Updates as on 05.05.2023
  1. Tenants who acquired possession prior to the enactment of S. 52A of the WAKF Act are not covered by the provision. – According to the Supreme Court, those who were in possession of Wakf land before to the adoption of this clause in 2013 and who are still in possession after the lease’s expiration are not subject to criminal prosecution under Section 52A of the Wakf Act 1995.
    P.V. NIDHISH AND ORS. V. KERALA STATE WAQF BOARD AND ANR
  1. The Supreme Court rules against the S. 8 application because the claimed relief violated the arbitration clause. – The SC noted that the lawsuit’s cause of action went outside the transaction that contained the arbitration agreement and that the reliefs sought fell outside of it when affirming the denial of an application made under Section 8 of the Arbitration and Conciliation Act, 1996.
    GUJARAT COMPOSITE LIMITED VS. A INFRASTRUCTURE LIMITED & ORS.
  1. NGT TO DM: PAY RS 20 LAKH TO KIDS OF DECEASED IN LUDHIANA GAS LEAK CASE AS COMPENSATION – When forming the joint fact-finding committee in the Ludhiana gas leak case, the National Green Tribunal (NGT) ordered the district magistrate of Ludhiana to pay each of the 11 victims’ heirs Rs. 20 lakhs in compensation.
  1. HC REFUSES TO ORDER A LESS Strict Minimum Score Criteria for Admission to IIT/NIT – While denying to change the eligibility requirement for admission to IITs, NITs, IIITs, and other institutions through the JEE Mains and JEE Advance exams from a minimum 75 percent board score, the Bombay High Court noted that it is up to the government to make that decision.
    ANUBHA SHRIVASTAVA SAHAI V. NATIONAL TESTING AGENCY
  1. Prosecution Cannot Just Recite From Complaint To Oppose Bail In Cases With Additional Conditions, According to Del High Court – According to the Delhi High Court, the prosecutor cannot simply mention the complaint while opposing a bail request; instead, he must provide sufficient evidence to overcome the presumption of innocence. Only then will the burden of satisfying the strict twin-conditions shift to the accused.
    ASHISH MITTAL v. SERIOUS FRAUD INVESTIGATION OFFICE
  1. ACCORDING TO THE DEL HIGH COURT, THE PROSECUTION CANNOT SIMPLY RECITE FROM THE COMPLAINT TO OPPOSE BAIL IN CASES WITH ADDITIONAL CONDITIONS. – The Delhi High Court ruled that the prosecutor must present substantial evidence to overcome the presumption of innocence rather than only mentioning the complaint while opposing a bail plea. The onus of meeting the severe twin-conditions will then shift on the accused.
    ALEMLA JAMIR v. NIA
  1. SC REFUSES TO COMMUTE BALWANT SINGH RAJOANA’S DEATH SENTENCE – Due to the prolonged pending of the mercy appeal before the President of India, the Supreme Court decided against commuted Balwant Singh Rajoana’s death sentence to life in prison.
    BALWANT SINGH V. UNION OF INDIA & ORS.
  1. SC UPHELDS SECTION 140(5) COMPANIES ACT’S CONSTITUTIONAL VALIDITY The 2013 Supreme Court noted that applications or procedures under Section 140(5) of the Companies Act are maintainable even after the resignation of the pertinent auditors while upholding the constitutional validity of the section.
    UNION OF INDIA VS DELOITTE HASKINS AND SELLS LLP
  1. SC: SENTENCE CAN ONLY BE SUSPENDED PURSUANT TO SECTION 389 CRPC IF THE CONVICTED PERSON HAS A FAIR CHANCE OF WINNING. – The Supreme Court has ruled that in order to suspend a sentence under Section 389 of the Criminal Procedure Code, the court must first determine that the conviction may not be valid and that the convict has a fair prospect of being exonerated.
    OMPRAKASH SAHNI V. JAI SHANKAR CHAUDHARY AND ANR ETC.
  1. HC TO STATE: CONSIDER IMPLEMENTING A 25% INCREASE IN COMPENSATION FOR DOMESTIC VIOLENCE – The State of Meghalaya has been ordered by the Meghalaya High Court to explore increasing the compensation for victims of custodial abuse by 25% or to think about making a distinction based on the age of the person who died in custody.
    IN RE SUO MOTU CUSTODIAL VIOLENCE AND OTHER MATTERS RELATING TO PRISON CONDITIONS VS STATE OF MEGHALAYA & ORS.
  1. HC: PRESUME PHYSICAL RELATIONSHIP IF MINOR VICTIM AND ACCUSED WERE SOLEMNISED MARRIAGE – According to the Allahabad High Court, unless a minor victim clearly disputes a physical relationship, it will be assumed that the victim and the accused, who were living together as husband and wife, had a physical relationship.
    AJAY DIWAKAR VS. STATE OF U.P. AND 3 OTHERS

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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Legal Updates