Legal Updates as on 12.04.2023

Legal Update 12.04.2023
  1. SC: THE 2015 AMENDMENT TO S. 153C OF THE IT ACT WILL BE REVERBAL. – The Supreme Court has ruled that the Finance Act 2015’s change to Section 153C of the Income Tax (IT) Act 1961 shall apply retroactively to searches made under Section 132 of the IT Act before the amendment’s effective date, which is 01.06.2015.
    Income Tax Officer Versus Vikram Sujitkumar Bhatia
  1. HC: VOYEURISM OFFENSE ATTRACTED BY PEEKING INTO THE SHOWER WHILE A WOMAN IS INSIDE – According to a ruling by the Delhi High Court, peeking into a woman’s toilet as she uses it constitutes a breach of her privacy and is punishable as voyeurism.
  1. SC TO IOA: FOLLOW DRAFT JUSTICE-FRAMED CONSTITUTION LNRAO IS AWAITING FINALIZATION – The Indian Olympic Association (IOA) has been told by the Supreme Court that, pending its finalization, it must abide by the draught constitution that was created under their supervision and that of the International Olympic Committee (IOC).
    Indian Olympic Association v. Union of India & Ors. | Special Leave Petition (Civil) No. 14533 of 2022 and other connected matters
  1. HC: RESOLUTION PROFESSIONAL UNDER IBC FITS INTO ‘PUBLIC SERVANT’ CATEGORIES UNDER POCA – According to the Jharkhand High Court, Resolution Professionals working under the Insolvency and Bankruptcy Code (IBC) are public employees for the purposes of sections 2(c)(vii) and (v) of the Prevention of Corruption Act, 1988 (POCA).
    Sanjay Kumar Agarwal vs. Central Bureau of Investigation, Anti Corruption Bureau, Dhanbad Cr. M.P. No. 1048 of 2021
  1. HC: THE COURT’S CASUAL ATTITUDE TO ATTACKS ON HEALTH PERSONNEL ADDS TO SUCH TENDENCIES. – In throwing aside the bail granted to those accused of attacking a doctor after a mother gave birth to a stillborn child, the Kerala High Court made the observation that courts’ lax response to similar assaults on medical professionals encourages others to employ violence.
    Dr. P K Asokan V State of Kerala
  1. POLICE ARE NOT CAPABLE OF REGISTERING AN OFFENSE UNDER SECTION 195A IPC, SAYS KERALA HC – While noting that it is a matter for the court to examine when a threat dealt with under Section 195 of the IPC is used to procure false testimony, the Kerala High Court found that the police lack the authority to file a complaint under Section 195A of the IPC.
    Suni @ Sunil V State of Kerala
  1. PURPOSEFUL ATTEMPTS TO SHOW CONVICT IS NOT WELL-BEHAVED & DENY PAROLE IS ILLEGAL, SAYS KER HC – The Kerala High Court has noted that it is unconstitutional for jail officials to intentionally try to give the impression that a convict is not a well-behaved person in order to refuse him leave.
    Noushad A. v. State of Kerala & Ors. and Nazeer A. v. State of Kerala & Ors.
  1. CAL HC : Every citizen has the right to constructively criticise the government. – Constructive criticism of the government is a recognised right in any democracy, according to the Calcutta High Court, which ordered the state to reinstate the retiring IGP’s security protection.
    Marine Craft Engineers Pvt Ltd vs. Garden Reach Shipbuilders and Engineers Ltd
  1. DELHI HIGH COURT: THE PRACTICE OF LAW IS NOT LIMITED TO APPEARING IN COURTS OF LAW – The Delhi High Court noted that it has been decided that pursuing an LL.M. in law does not constitute a sabbatical from practise and that the practise of law also includes, among other things, the preparation of submissions, representation before courts and authorities, and assistance with regulatory compliance.
    Karan Antil vs. High Court of Delhi & Ors.
  1. SC: PRONOUNCING OPERATIVE PORTION WITHOUT COMPLETE JUDGMENT PREPARATION – The Supreme Court noted that the allegations of blatant ignorance and callousness on the part of the civil judge in not preparing/dictating judgements but rather giving a fait accompli are wholly unacceptable while affirming the dismissal of the civil judge due to misconduct.
    The Registrar General High Court of Karnataka &Anr v. Sri M.Narasimha Prasad.
  1. HC: PUBLIC HEALTH IS SUBSERVANT TO THE RIGHT TO FREE TRADE IN FOODS LIKE MEAT. – While noting that the right to healthy food is a Fundamental Right under Article 21, the Gujarat High Court has ruled that the right to free commerce in foods like meat or any other such food must be in accordance with public health and food safety criteria.
    Patel Dharmeshbhai Naranbhai vs Dharmendrabhai Pravinbhai Fofani
  1. SC: A COLONIAL LEGACY, THE LAW ON PREVENTIVE DETENTION – The Supreme Court has ruled that every procedural requirement must be followed in full by the government in situations of preventive detention and that every procedural flaw must result in a benefit to the detenue’s cause, despite the fact that it acknowledges that the legislation governing preventive detention is a colonial relic.
    Pramod Singla v. UOI & Ors.
  1. SC: UNDER SECTION 482 OF CRPC, HC CANNOT HOLD A MINI TRIAL – While noting that a mini trial is not necessary at the point of quashing criminal proceedings under Section 482 CrPC, the Supreme Court decided that the Court is simply needed to evaluate whether there is enough evidence available to proceed further against the accused.
    Central Bureau of Investigation vs Aryan Singh

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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