Legal Updates as on 16.03.2023

Legal Update
  1. HC: APPOINTING DCP AS EXECUTIVE MAGISTRATE IS VIOLATIVE OF CONSTITUTION – The Madras High Court ruled that two government orders that granted executive magistrate authority to Deputy Directors when dealing with bonds for maintaining peace were unconstitutional and in violation of the District Police Act.
    P Sathish @ Sathish Kumar v. State and another
  1. SC: LIMITED COMPETITIVE EXAMINATION MAY FILL ONLY 10% OF THE SEATS IN HIGHER JUDICIARY. – All India Judges’ Association v. UOI (MANU/SC/1120/2010), in which the Supreme Court ordered High Courts to reserve only 10% of the seats in the higher judiciary to be filled by departmental competitive examination, the Supreme Court has ordered the Madhya Pradesh High Court to comply with its directives.
    Rajendra Kumar Shrivas v. State of Madhya Pradesh And Ors
  1. ONLY CJI CAN ASSIGN CASES, SAYS SC BENCH – If a particular bench determines that an issue needs to be taken before another bench, it must direct the matter to be placed before CJI for the necessary order, according to a Supreme Court bench made up of Justices BR Gavai and Vikram Nath.
  1. IDENTIFY THE “KINGPINS” OF ILLEGAL COAL MINING, MEGA HC TO STATE – At a PIL hearing on the threat of illicit coal mining in the state, the Meghalaya High Court ordered the state government to identify the perpetrators and take the necessary legal measures.
    Shailendra Kumar Sharma Vs State of Meghalaya & ors
  1. HP HC: AN IMPORTANT FACTOR IN DETERMINING COMPENSATION IS THE SALE DEED – According to the Himachal Pradesh High Court, both the acquisition of the land award and the sale are significant to assessing the just and fair value of the land.
    M/s Gujrat Ambuja Cement Factory, Darlaghat & others Vs Sukh Ram (deceased) through LRs & others
  1. BOM HC: PRIVATIZATION-RELATED EVICTION OF AN AIR INDIA EMPLOYEE IS NOT AN INDUSTRIAL DISPUTE – The Bombay High Court has ruled that the eviction of workers due to privatization cannot be classified as an industrial dispute, despite noting that the right to retain housing is regulated by the terms of leave and license agreements rather than as a matter of right.
    All India Service Engineers Association v. Union of India and Ors.
  1. NO ABSOLUTE BAR ON INFORMATION DISCLOSURE TO NON-CITIZENS UNDER RTI ACT, DEL. HC – While noting that it would be fundamentally incongruous with the Right to Information (RTI) Act to hold that only citizens are entitled to RTI, the Delhi High Court determined that, depending on the type of information requested, both citizens and non-citizens should have access to RTI.
  1. SC: THE CAUSE OF ACTION IS GIVEN RISE BY FACTS PERTINENT TO THE GRANT OF RELIEF – The Supreme Court noted that only those circumstances will give rise to a “cause of action” under Article 226 of the Constitution when they are pertinent to the granting of relief.
    State of Goa vs Summit Online Trade Solutions (P) Ltd and others
  1. The Uttarakhand High Court’s judgement prohibiting religious organisations, statutory panchayats, local panchayats, and groups of people from issuing “fatwas” or similar diktats has been given an absolute stay by the Supreme Court.
    Jamiat Ulama E Hind v. State of Uttarakhand SLP(C) No. 28228/2018
  1. Foreign attorneys and law firms may register with BCI to practise in India. – The Bar Council of India has announced the Bar Council of India Rules for Registration and Regulation of Foreign Attorneys and Foreign Law Firms in India, 2022, allowing international attorneys and law firms to practise abroad while maintaining reciprocity with Indian attorneys and law companies.
  1. HC: SUSANTHA GHOSH CASE GROUNDS FOR BAIL PRESCRIBED BY APEX COURT NOT EXHAUSTIVE – While noting that the grounds for release outlined by the Supreme Court in Susanta Ghosh v. State of West Bengal (MANU/SC/0094/2012) are not all-inclusive, the Kerala High Court has established a number of additional criteria that also affect the award of bail.
    George Kurian @ Pappan v. State of Kerala & Anr.
  1. HC PUBLISHES DIRECTIONS FOR APPOINTMENTS FOR PWD IN AIDED SCHOOL – While amending a single bench judgement requiring the State to implement its 2018 decision respecting PwD (Person with Disability) reservation for employment in aided educational institutions, the Kerala High Court also gave further instructions for the decision’s successful implementation.
    Haseeb O.P. v. Muhammas Sufiyan & Ors. and other connected matters.
  1. HC: A terminated employee is not immediately entitled to back wages after acquittal – According to the Gujarat High Court, an employee who was fired because of a criminal investigation is not automatically entitled to back wages after winning an appeal to have the charges against him dropped.
    Rajnikant Motibhai Patel v. Ahmedabad Municipal Corporation
  1. HC: Being in a man’s company is not a sufficient basis to conclude that a woman consented to sexual liaison. – The Delhi High Court has concluded that just because a woman consents to being in a man’s company does not mean that she has consented to a sexual relationship with him. The court noted that a distinction needed to be made between “consenting to a scenario” and “consenting to sexual contact”.

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