Legal Updates as on 30-03-2023 and 31-03-2023

legal-updates
Legal Update
  1. PROSECUTION’S INABILITY TO DETERMINE THE IDENTITY OF THE DECEASED BODY IS NOT A BASIS FOR ACQUITTAL, GUJ. HC. – According to the Gujarat High Court, it is not sufficient cause for an acquittal when the prosecution is unable to identify the deceased based on a DNA report.
    State of Gujarat vs. Sureshbhai Honjibhai Gamit
  1. DEATH ROW CONVICTS IN THE CHHAWLA RAPE-MURDER CASE ARE ACQUITTED BY THE SC – The Supreme Court noted that even if an incident unrelated to the case occurred after the verdict was issued, that would not be a reason to hear review petitions when it dismissed appeals against the acquittal of three people in the 2012 Chhawla Rape-Murder Case.
    State of delhi vs rahul and another
  1. SC TO CENTRE: PROVIDE INFORMATION REGARDING THE CHEETAH TASK FORCE MEMBERS’ QUALIFICATIONS – In response to the death of the female cheetah “Sasha,” the Supreme Court ordered the Center to document the qualifications and experience of the members of the cheetah task force and to identify which members have experience managing cheetahs.
    Centre for Environment Law WWF-I v. Union of India |
  1. HC: THE APPLICATION FOR UPDATION TO CHANGE THE AMOUNT OF THE COUNTERCLAIMS IS AN AMENDMENT APPLICATION. – According to the Delhi High Court, even though a party had filed an application with the Arbitral Tribunal seeking to update its counterclaims, the application in question was actually an amendment application for the counterclaims.
    NTPC Ltd vs. Larsen and Toubro Limited & Anr.
  1. SC: CIRP withdrawal applications are maintainable prior to COC constitution. – The Supreme Court ruled that Section 12A of the Insolvency and Bankruptcy Code, 2016, does not prohibit considering requests to end the Corporate Insolvency Resolution Process (CIRP) before the Committee of Creditors is established. (CoC).
    Abhishek Singh v Huhtamaki Ppl Ltd. & Anr.
  1. SC: CONSUMER COMMISSION CAN’T DECIDE HIGHLY CONTROVERSIAL FACTS OR CASE INVOLVING CRIME/TORTIOUS ACTS – Due to the brief nature of procedures before the Consumer Commission, the Supreme Court has ruled that matters involving tortious conduct or crime, such as fraud or deception, as well as complaints containing hotly contested facts, cannot be decided by the Forum or Commission.
    The Chairman & Managing Director, City Union Bank Ltd. & Anr. Versus R. Chandramohan
  1. SC: COURTS CAN IMPOSE A LIFE SENTIMENT FOR A FIXED TERM WITHOUT REMISSION – According to the Supreme Court, Constitutional Courts may order a life sentence for a minimum amount of time (not less than 14 years) without remission even when the death penalty is not applied.
    Shiva Kumar @ Shiva @ Shivamurthy vs State of Karnataka
  1. SC: To prevent cross-voting, the Rajya Sabha elections required an open ballot system. – The Supreme Court noted that a similar issue was reviewed in Kuldip Nayar v. UOI (MANU/SC/3865/2006), which it dismissed. In that case, the Court determined that an open ballot mechanism was necessary to avoid cross-voting and party discipline flouting.
    Lok Prahari v. UoI And Ors.
  1. SC PERMITS TRANSFER OF FUNDS FROM SEBI SAHARA FUND TO DEPOSITORS – The Supreme Court has approved the Centre’s request for allocation of? 5,000 crore out of? 24,979 crores from the SEBI-Sahara Fund in order to pay back the debts incurred by the depositors of the Sahara Group of Cooperative Societies.
    Pinak Pani Mohanty vs Union of India
  1. UPLOAD MEDICAL COLLEGE ASSESSMENT DATA ON YOUR WEBSITE, CIC TO NATIONAL MEDICAL COMMISSION – The National Medical Commission has been advised by the Central Information Commission to post the medical college evaluation results for the most recent academic year on its website.
    Dr Mohamed Khader Meeran A S v. Public Information Officer
  1. HC: A police officer’s confession in the absence of a magistrate cannot serve as the basis for a conviction. – In acquitting a woman who had been found guilty of killing her husband, the Gauhati High Court ruled that a confession given to police officers outside of the presence of a magistrate could not serve as the foundation for a conviction under Section 302 IPC because it was not admissible as evidence.
    mti. Bijuli Bala Rabha v. State of Assam & Anr.
  1. HC ESTABLISHES AN EXPERT COMMITTEE TO CONSULT ON HUMAN-ELEPHANT CONFLICT IN STATE MATTER – The Kerala High Court ordered the formation of a five-member committee of experts to provide advice on issues relating to Human-Elephant Conflict Situations that May Occur in the State after taking note of the appalling conditions of captive elephants and the numerous instances of cruelty meted out to them.
    In Re Bruno v. Union of India & Ors.
  1. P&H HC: ANYONE MAY FILE AN APPLICATION UNDER section 311 CRPC. – According to the Punjab and Haryana High Court, anyone—not just the prosecution or the complainant—who can demonstrate that a witness’ testimony will be required for a fair determination of the case may utilise Section 311 of the Criminal Procedure Code.
    Bennett Coleman and Company Limited versus State of Haryana and others
  1. In the 2008 Jaipur Bombing Case, RAJ. HC acquitted four defendants. – The Rajasthan High Court noted that the investigation was unfair and that it appeared that unfair means were used by the investigating agencies during the inquiry while clearing four of the defendants in the 2008 serial Jaipur blast case and upholding the conviction of one other accused.
    Saifurrehman Ansari & Ors. v. State of Rajasthan
  1. JKL HC: SONAMARG DOES NOT HAVE ANY NEW CONSTRUCTION OPERATIONS – The Jammu and Kashmir and Ladakh High Court has issued a new blanket prohibition on conducting construction activities within the boundaries of well-known tourist destination Sonamarg, while also noting that its previous clarification order with regard to renovation and repairs was being misinterpreted.
    Court on its Own Motion Vs State of J&K & Ors.
  1. HC ORDERED PROBE IN ‘FAKE WRIT PETITION’ FILED BY MEMBERS OF COOPERATIVE SOCIETY – The Calcutta High Court has ordered ADGP, CID, West Bengal to open criminal investigations and proceedings against those who are suspected of being involved in submitting a “fake writ appeal” to the court by forging the signatures of eight people, including a deceased individual.
    Harish Chandra Gain & Ors. v. The State of Bengal & Ors.
  1. SC: A COURT CANNOT PRESCRIBE QUALIFICATION OR DECLARE A COURSE TO BE EQUAL – While noting that courts would not impose qualification requirements or proclaim a course to be equivalent, the Supreme Court has ruled that until and unless a rule specifically states otherwise, courts will not add to or replace the opinions of expert bodies.
    Unnikrishnan Cv & ors. v. UOI

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