Legal Updates as on 22.03.2023

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Legal Update
  1. Consider allowing vehicles to pass through toll-free during peak hours, KER. HC to Center – The Kerala High Court has ordered the Centre to consider allowing cars to bypass toll booths at peak traffic times when there is a large line of cars waiting to pay.
    Nithin Ramakrishnan V Union Of India
  1. KER HC: BANK’S UNILATERAL ACTION OF RETENTION OF TITLE DOCUMENT AFTER LOAN REPAYMENT IS ILLEGAL – The Kerala High Court ruled that if the loan has been repaid, the bank is not permitted to withhold security documents on the grounds that the petitioner has transferred property while the mortgage was in effect just because the property was transferred by the petitioner during that time.
    Vinu Madhavan V State Bank Of India
  1. CAL HC: THE OFFENSE IS NOT LESSENED BY THE ACCUSED AND VICTIM BEING HAPPILY MARRIED TO OTHER PEOPLE – The Calcutta High Court noted that the fact that the accused and victim are married to other people does not, in its refusal to dismiss a POCSO case, reduce the alleged offence in light of the prima facie evidence presented.
    Bhuban Basak vs State of West Bengal
  1. SC: If not barred by the contract, the arbitrator may grant pendente light interest. – In light of Section 31(7)(a) of the Arbitration and Conciliation Act 1996, the Supreme Court has ruled that an arbitrator may award pendente lite interest absent a clear contractual prohibition.
    Indian Railway Construction Company Limited v M/s National Buildings Construction Corporation Limited
  1. SC: SICA Rehabilitation Scheme ENGAGES ALL CREDITS – The Supreme Court has ruled that the collection of debts following the revival of a sick company would once more put the company in a sick position, notwithstanding the fact that the rehabilitation program under Section 18 of the SICA, 1985 shall bind all creditors, including unsecured creditors.
    Modi Rubber Limited v Continental Carbon India Ltd
  1. SC: EX-PARTE PROCEDURES QUESTIONING AN EMPLOYEE’S CASTE CERTIFICATE ARE NOT ALLOWABLE – The Supreme Court has ruled that, save the most extraordinary circumstances, proceedings to challenge the validity of a community certificate cannot be conducted ex-parte given the important nature of the document and the impact it has on people’s rights.
    Sundaram vs. The Tamilnadu State Level Scrutiny Committee and Ors.
  1. SC: Bail may be revoked if subsequent serious offenses are added to the initial police report. – The Supreme Court concluded that even though an order of bail was previously issued in the accused’s favor for the offenses charged when his application for bail was taken into consideration, the court can nevertheless order that the accused be arrested if a significant offense is added to the FIR.
    Ms.X vs State of Maharashtra
  1. GAU HC: INSURANCE CO. NOT RESPONSIBLE TO PAY DAMAGES FOR GRATUITOUS PASSENGER’S DEATH – According to the Gauahti High Court, an insurance company is not required to compensate for the deaths of unpaid passengers who are riding in a goods vehicle, and the insurer may pursue the proprietor of the vehicle to recoup the damages awarded in their favor by the tribunal.
    New India Assurance Co. Ltd. v. Marami Das & 3 Ors.
  1. KERALA HC: CHRISTIAN PRACTITIONER, NOT CALENDAR CASTE MEMBER – The Kerala High Court noted that A. Raja is not a member of the “Hindu Parayan” within the State and is therefore ineligible to be chosen to fill the position designated for Scheduled Caste among Hindus when it declared the CPM candidate A. Raja’s 2021 election from the Devikulam Assembly constituency as invalid.
    Kumar v. A. Raja
  1. DEL HC: JUSTICE SYSTEM’S RESPONSIBILITY TO PROTECT ACCUSED’S RIGHTS CANNOT BE IGNORE – According to the Delhi High Court, courts must make sure that the complainant’s right to a fair prosecution and the accused’s right to protection from unfair trials are respected in their critical effort to uphold equality before the law.
    X v. State
  1. SC: JUDGMENT ALLOWING CIRCUMSTANTIAL EVIDENCE DOESN’T DILUTE NEED OF PROOF BEYOND REASONABLE DOUBT The Supreme Court has noted that the Constitution Bench judgement holding that direct evidence of bribe demand or acceptance is not necessary for a conviction under the Prevention of Corruption Act, 1988, does not weaken the need for proof beyond a reasonable doubt.
    Neeraj Dutta v. State (GNCTD) [Criminal Appeal No(s). 1669/2009]
  1. INDICATE YOUR READINESS ON DEPLOYMENT FOR CURBING ILLEGAL COAL MINING, MEG. HC TO CISF – The Central Industrial Security Force (CISF) has been ordered by the Meghalaya High Court to explain within a fortnight how its deployment can be guaranteed within four weeks in order to stop the unlawful transportation of coal in the State.
    In Re: (Suo motu): Illegal mining of coal in the State of Meghalaya Vs. State of Meghalaya
  1. AP HC: TRIPLE TEST SATISFACTION OF DETAINING AUTHORITY REQUIRED FOR PREVENTIVE DETENTION – The detention order is subject to being revoked even though the subject was charged with serious crimes, according to the Andhra Pradesh High Court, if the detaining authority’s satisfaction was not recorded as required by the triple test.
    Venkatesan v. The State of Andhra Pradesh
  1. SC: CENTRE HAS POWER TO ABOLISH STATE ADMINISTRATIVE TRIBUNAL The Supreme Court upheld the Central Government’s 2019 notification to abolish the Odisha Administrative Tribunal while rejecting a petition by the Odisha Administrative Tribunal (OAT) Bar Association challenging the Orissa High Court’s decision upholding abolition of the OAT.
    Orissa Administrative Tribunal Bar Association v. UoI And Ors. SLP(C) No. 10985/2021

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