Legal Updates as on 24.03.2023

Legal Update
  1. When a victim appeals against acquittal, an affidavit explaining the delay is sufficient, according to KER. HC. – According to the Kerala High Court, a victim who chooses to appeal against acquittal even after a wait of more than 90 days is not obliged to submit a delay condonation petition. It is just necessary to submit an affidavit outlining the delay.
    T Peethambaran V State of Kerala
  1. MP HC: WIFE DISRESPECTING HUSBAND AND HIS FAMILY EQUALS CRUELTY – When upholding divorce on the grounds of cruelty, the Madhya Pradesh High Court noted that a wife’s disrespect for her husband or a member of his family might be interpreted as cruelty.
    Santosh Meena vs. Siddharth B.S. Meena [FIRST APPEAL No. 1797 of 2019]
  1. As per its directives in Rojer Mathew v. South Indian Bank Ltd. (MANU/SC/1563/2019), the Supreme Court has instructed the Ministry of Law & Justice to conduct “Judicial Impact Assessment” of tribunals in order to better understand the case load, effectiveness, financial impact, and accessibility of tribunals generally.
    Orissa Administrative Tribunal Bar Association v. Union of India & others
  1. SC: HCS CAN ENTERTAIN CHALLENGES TO ORDERS PASSED BY ARMED FORCES TRIBUNAL The Supreme Court, in overturning its own decision in Union of India And Ors. v. Major General Shri Kant Sharma (MANU/SC/0242/2015), has determined that High Courts may consider challenges to orders made by the Armed Forces Tribunal despite the fact that doing so would weaken the judicial review process.
    Union of India And Ors. v. Parashotam Dass
  1. SC: IT IS ESSENTIAL TO RELEASE SMUGGLERS OF THEIR ILL GOTTEN GAINS – In upholding the Karnataka High Court’s decision affirming the forfeiture order made pursuant to the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976, the Supreme Court held that it is necessary to deny those who engage in smuggling and manipulations of their illicit gains.
    M/s. Platinum Theatre And Ors. v. Competent Authority Smugglers And Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 And Anr.
  1. BOM HC: THE FACILITATION COUNCIL DOES NOT HAVE THE JURISDICTION TO CONDUCT WORKS CONTRACT ARBITRATION DISPUTES – While noting that the MSMED Act’s provisions do not apply to works contracts, which means the claimant could not have used the Act, the Bombay High Court determined that the arbitral judgement was obviously unlawful since the Facilitation Council lacked authority to hold the arbitration.
    National Textile Corporation Ltd vs. Elixir Engineering Pvt Ltd & Anr.

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