April 2021 - Law News for Students and Advocates


30th April, 2021 (Friday)

1. Today morning, former Attorney General of India, Soli Banerjee, passed away. He served the office of Attorney General of India twice. In 2002 he was honored with the Padma Vibushan award. Full Story

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2. The Supreme Court advised High Courts to exercise restraint in making “off-the-cuff-remarks” during hearings as such remarks may cause damage to the person and can give misgivings (a feeling of doubt or apprehension about the outcome or consequences of something) about them. Full Story

3. The Andhra Pradesh High Court said not to let the situation happen where the administration is unaware of the deterioration of the situation in the pandemic and patients are not getting medical attention and treatment. The state should take all possible steps to make available treatment facilities as early as possible to the citizens. Full Story

4. The Supreme Court said that “mini contradictions” cannot be a ground to discredit the testimony of witnesses. Even if there is a contradiction of the statement of a witness on any material point, it is no ground to reject the whole of the testimony of such witness. Full Story

29th April, 2021 (Thursday)

1. The Right to Life under Article 21 of the Constitution is the most precious and golden fundamental right. It unconditionally embraces even an under-trial and allows him to get adequate and effective medical assistance in need of improving health, says Supreme Court. Full Story

2. Not giving importance to the Supreme Court ruling is a serious concern. The Supreme Court in Gian Singh vs State of Punjab has clearly held that in serious offences like rape or murder, the proceedings can’t be quashed invoking section 482 of the Criminal Procedure Code. Even if the parties have settled the dispute amicably, such serious offence proceedings can’t be quashed. Full Story

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3. As per the notification issued by the Consortium of National Law Universities, the last date for submitting the application for the CLAT exam has been extended from April 30 to May 15. The students appearing for the exam must keep visiting the website for regular updates. Full Story

4. After denial by the Delhi High Court for the allotment of five-star COVID-19 care facilities for High Court judges and their families at the Ashoka Hotel, the Delhi government withdraws its order for the same. Full Story

28th April, 2021 (Wednesday)

1. The Supreme Court, while giving directions to High Court, said that the execution proceedings must be disposed of within six months from the date of filing. The courts must ensure that a clear, ambiguous and executable decree is passed in any suit to prevent delay in execution proceedings. Full Story

2. The Supreme Court held that Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 will be attracted if caste identity is “one of the ground” and not only when it is the “sole ground.”

2A.To deny the protection of Section 3(2)(v) on the ground that the crime was not committed against an SC&ST person solely on the ground of caste identity is to deny how social inequalities function in a cumulative fashion, says Supreme Court. Full Story

3. If a person is a differently-abled or disabled witness, he can’t be considered weak or inferior for testimony, says Supreme Court. If the testimony of such a witness inspires judicial confidence, it is entitled to full legal weight. Full Story

4. Inherent power under section 482 of the Criminal Procedure Code is of wide magnitude with the object of securing the ends of justice. We can’t limit such powers. Therefore, criminal proceedings involving non-compoundable offence can be quashed even after the order of conviction is made, says Supreme Court. Full Story

27th April, 2021 (Tuesday)

1. The Supreme Court Advocate-on-record association starts, “SCAORA-COVID-19 Surge Affected Financial Assistance Scheme 2021” to provide financial assistance of Rs.25,000 to the Advocates-on-record who test positive for COVID. Full Story

2. Breaking: In the view of the second wave of COVID-19, the Supreme Court has extended the limitation period for the filing of cases. The limitation period ending on 14.03.21 has been extended until further orders. Full Story

3. The Supreme Court, on taking suo motu proceedings of COVID-19 issues, clarifies High Courts that there is no intention of Supreme Court to take over or supplant (supersede or replace) jurisdiction of High Courts. In a national emergency, the Supreme Court can’t be a mute spectator. The court has assumed its original jurisdiction under Article 32 for the issues which travels state boundaries, and so in the case of COVID-19. Full Story

26th April, 2021 (Monday)

1. Considering COVID-19 second wave, the Supreme Court prepares its summer vacation one week in advance. The Court shall remain closed from May 7 till June 28 tentatively. Full Story

2. The Delhi government has decided to provide free COVID-19 vaccination to all above the age of 18 years. And has also extended the lockdown till May 3 to prevent the spread of COVID-19. Full Story Uttar Pradesh, Assam, Madhya Pradesh and Chhattisgarh governments have already decided to vaccinate everyone in 18-45 age group for free. Full Story

3. The Nagpur bench of Bombay High Court held that in the absence of any common or shared intention, the administrator of the WhatsApp group can’t be held vicariously liable for the acts of a group member. If a group member posts any objectionable content, then an administrator is not liable unless the common intention is proved. Full Story

4. Justice NV Ramana started his judicial functions as Chief Justice of India today. Since 2014, he has dealt with various important constitutional matters and has written 157 judgments. Click ‘Full Story‘ to have a look at some major judgments by him. Full Story

24th April, 2021 (Saturday)

1. Breaking news: India got its 48th Chief Justice, N.V Ramana. On April 24, he took oath as the Chief Justice of India before the President of India Ram Nath Kovind. He will have sixteen months tenure till August 26, 2022. Full Story

2. “You think everything will be served at your doorsteps,” Delhi High Court says to the Delhi government. Every state is putting effort into arranging its own oxygen tankers. Delhi government needs to understand that allocation of oxygen isn’t enough. You need to put effort for the tankers to collect and carry oxygen. Full Story

3. The designation of senior advocates on the opinion of the Supreme Court or High Court under section 16(2) of the Advocates Act, 1961 is violative of Article 14 of the Constitution. Designating lawyers as ‘senior lawyers’ without any objective criteria has developed a ‘caste system’ among lawyer’s fraternity. There must be one class of advocates like in the USA, says Constitutional expert Fali Nariman. Full Story

4. Pandemic can be defeated with discipline, says the new Chief Justice of India, N.V Ramana. We all are facing a tough time and need to take strict precautionary measures. Do not step out unless there is an emergency, he added. Full Story

23rd April, 2021 (Friday)

1. Today, the 23rd day of April, was the last working day for Chief Justice of India S.A Bobde. His expressions in the farewell evoked mixed feelings. He remarked that being a judge for 21 years had been his richest experience. He would be remembered as a brilliant judge and a loving and caring human, said Solicitor General Tushar Mehta. Full Story

2. The power under section 482 of the Criminal Procedure Code does not support the court to breach the statutory provisions under the Insolvency and Bankruptcy Code. The words ‘to secure the ends of justice under section 482 of the Criminal Procedure Code can’t mean to overlook the undermining of a statutory dictate,’ bench comprising Justices UU Lalit and KM Joseph observed. Full Story

3. In Jawal Suraj Chhasiya vs Dean, Surat Municipal Institute of Medical Education and Research, the Gujarat High Court said that no vaccination could work to contain the evil of virus of commercial mindedness on the part of any educational institutions unless self-administered. The educational institutions are charging unfair amounts from the students on the pretext of one or the other head. Full Story

4. While addressing the bench in the farewell of Chief Justice of India SA Bobde, Attorney General K.K Venugopal said that to ensure long-standing reforms, the Chief Justice of India should have a minimum tenure of 3 years. When the nation was shaken by the waves of COVID-19 in the year 2020, Chief Justice of India SA Bobde stepped in the mission and started virtual hearing of cases, due to which the court was able to dispose of 50,000 cases. Full Story

22nd April, 2021 (Thursday)

1. The Delhi High Court says to the centre that if any kind of obstruction is found on the part of local authorities in transporting oxygen to Delhi, then the authority shall be criminally liable for it. The local authorities are therefore directed to ensure the free movement of vehicles carrying oxygen to Delhi. Full Story

2. It is the paramount duty of the state to protect its citizens and ensure their well-being. Citizens rely on the state under the circumstances like COVID-19. We can’t afford to lose lives. “So you have to beg, borrow or steal and ensure the protection of fundamental emergency,” said Justice Vipin Sanghi of Delhi High Court. Full Story

3. The Kerala High Court said that if no right has been conclusively determined by the court in the proceedings, then any outcome of it can’t be considered as a final adjudication. Recovery proceeding under section 20 of the Domestic Violence Act is not a final adjudication of the dispute but an ancillary proceeding. Residential orders, monetary reliefs, and any such order are to give fourfold protection to a woman and not adjudicate upon the dispute. Full Story

4. Growing children with moral principles is the foremost duty of the parents. Providing food, shelter and education to the children does not ensure their moral turpitude. If in-laws reside apart from the couple, it does not free them from their liability towards the victim of cruelty and dowry death, said Madras High Court. Full Story

21st April, 2021 (Wednesday)

1. The Writ of Mandamus is issued by the court to compel the public authority to execute the duty they are obliged to perform. This writ can’t be issued for setting up a tribunal or adjudicatory body, said Supreme Court in John Paily vs State of Kerala. Full Story

2. The Supreme Court in PASL Wind Solutions Private Limited vs GE Power Conversion India Private Limited held that even if the parties to the contract are of Indian nationality, they are at liberty to choose a forum for arbitration even outside India. It is not obligatory or mandatory for the parties (Indian nationality) to only refer to a seat within India. Nothing hinders their autonomy in doing so. Full Story

3. The need for Artificial Intelligence in the judicial system is like an extending hand or aid to judges in making decisions and not relying on technology to decide a case, said Chief Justice of India S.A Bobde. “We will not allow it to tell us what to decide, how to decide, and when to decide.” Artificial Intelligence should align with our Constitutional morality. Full Story

4. In a PIL, Rakesh Malhotra vs Union of India, the Delhi High Court said that if a single dose of COVID-19 vaccine is seen wasted, the court shall consider it a criminal waste. The government must devise ways to ensure the non-wastage of vaccines and essential pieces of equipment necessary for the treatment of COVID-19. Full Story

20th April, 2021 (Tuesday)

1. It is the duty of the court to record reasons in writing while granting or refusing bail under section 439 of Criminal Procedure Code said Supreme Court in Ramesh Bhavan Rathod vs Vishanbhai Hirabhai Makwana Makwana (Koli). The reason for doing so ensures that the court has judiciously exercised its power. Nature of the offence is an important factor while granting or refusing bail. Consent of the parties can’t prevent or preclude the court from recording its reasons. Full Story

2. In Lok Prahari vs Union of India, the Supreme Court said that the appointment of Ad-Hoc judges can’t be a substitute for regular appointments of judges in High Courts. Almost 40% seats are vacant in High Courts. Appointment of judges is the only solution to tackle the problem of mounting case arrears in High Courts. Full Story

3. In ‘In Re Deaths of Sanitation Workers‘, the Orissa High Court highlighted that in the 21st century, where democratic rights are preached, social equality is emphasized, Manual Scavenging is still practiced. The unprivileged and poor sections of society are made to enter sewer lines and septic tanks for ensuring the health and hygiene of others. Such deplorable acts must not be allowed. The act in itself is so harmful and dangerous for humans involved in it. Full Story

4. Uploading photographs on pornographic websites without the consent of such a person amounts to offence under section 67 of the Information Technology Act. It will amount to a breach of person’s privacy. It is immaterial whether the photographs in themselves are obscene or not. Full Story

19th April, 2021 (Monday)

1. From 1 May 2021, the COVID vaccination shall be given to everyone who is above the age of 18 years (Phase III). The vaccine shall be available in all government hospitals and other hospitals which are listed or registered under the vaccination programme. Full Story

2. The consortium of National Law Universities requests students who are appearing for the CLAT-2021 exam not to panic. The consortium is monitoring and evaluating the situation of COVID-19 and will take the decision regarding the date of examination in the first week of May 2021. The students are advised to keep checking the website for regular updates. Full Story

3. Understanding the gravity of the pandemic of COVID-19, the Allahabad High Court Bar Association has taken the initiative towards those lawyers who have died due to Corona. The nominees/families of lawyers who have died after 1 April 2021 due to COVID shall be provided 5 lakh rupees as financial assistance. Full Story

4. The National Capital Delhi has announced a complete lockdown from 19 April night to 26 April morning. It is termed as ‘Mini lockdown’ by the Delhi Government. The percentage of positive cases of COVID-19 has increased to 30%, which is an extremely alarming situation for Delhi. People are advised to take strict precautionary measures and avoid gatherings as much as they can. Full Story

17th April, 2021 (Saturday)

1. A PIL has been filed stating that it is high time for the Election Commission and respective governments to take strict steps to regulate mass gatherings in Haridwar city for Kumbh Mela and the ongoing rallies in Bengal elections. With the rising cases of COVID-19, such gatherings are not permissible or favourable. Full Story

2. A judge, while dispensing with his judicial duties and responsibilities, not only adheres to official or formal norms but also comes up with their sense of humanitarian and emotional side. While hearing Special Leave Petition (SLP), the counsel prays for adjournment of the case and to be listed after the holy month of Ramadan. Justice Chandrachud admired the ability to fast for the whole day without a single drop of water and adjourned the case. Full Story

3. No need to make people wait for uploading RT-PCR test reports, firstly on the Indian Council of Medical Research website and then providing them with the copies. The Bombay High Court held that the reports must be given to patients immediately through WhatsApp, and the procedure should not be delayed on account of delivering hard copies to them. Full Story

4. In Jagdish Kishinchand Valecha vs Srei Equipment Finance Ltd. And Anr, the Calcutta High Court ruled that in cases of arbitration, it is necessary for the arbitrator to be impartial and unbiased. And if the case is so, then the arbitral award passed is liable to be set aside. And even after setting aside an award, the court can appoint a new arbitrator for the parties concerned. Full Story

16th April, 2021 (Friday)

1. In Treasa Josfine vs State of Kerala, the Kerala High Court ruled out that a woman can’t be deprived of employment merely because the nature of work requires a woman to work in night hours. Putting such a kind of embargo is not appropriate as well as violative of Articles 14, 15 and 16 of the Constitution. Full Story

2. While transferring a petition under section 25 of the Civil Procedure Code, the court considers whether it would be expedient in the ends of justice or not. Merely because there are some business related issues in the court’s jurisdiction where the case has been instituted, a petition for transfer can’t be entertained under section 25 of the Civil Procedure Code. Full Story

3. If the case is related to cheque bouncing under section 138 of the Negotiable Instruments Act, then the Magistrate shall not have the power to stop proceedings granted to it under section 258 of the Criminal Procedure Code. The Constitution bench has laid down important guidelines/directions to be followed by the courts while dealing with cheque bounce cases. Full Story

4. In any case, the ultimate purpose of the trial is to serve justice to the parties. Artificial Intelligence machine can’t replace a judge in making out a case, said Chief Justice of India S.A. Bobde. It can be a helpful tool but not the ultimate tool which can replace a judge. A Judge gives decisions not only on material facts and figures but also applies emotional intelligence, which Artificial Intelligence can’t. Full Story

15th April, 2021 (Thursday)

1. The fact is unbelievable but true. Since the working of the Supreme Court, no woman has served as the Chief Justice of India till date, said present Chief Justice of India S.A Bobde. An application is filed by the Supreme Court Women Lawyer Association asking that why meritorious women lawyers are not appointed for judgeship. The bench comprising Chief Justice of India said that it is often seen and observed that many women lawyers decline judgeship due to domestic and family responsibilities. Full Story

2. The practice of inequality can’t be de-rooted merely with judicial and legislative interference. There is a need for mindset up-gradation, said Justice D. Y Chandrachud in the virtual launch event of Community for the Eradication of Discrimination in Education and Employment. Nowadays, inequality prevails not on the face but persists indirectly and differently in almost every sphere, be it related to caste, gender, or social hierarchy. Full Story

3. In Sachin Ramchandra Teke vs State of Maharashtra, the Bombay High Court stated that just because the law presumes against the husband and matrimonial relatives in case the death of a woman takes place within seven years of marriage, we can’t ignore other facts. Acquitting the husband and in-laws, Court said that the death of a woman within two months of marriage, in this case, was the result of acute stress and of marriage against her wish. Full Story

4. Weekend curfew is announced in National Capital, Delhi. Looking at the situation of the pandemic, the Government has come up with important guidelines like:
A. Essential services shall be exempted from the curfew.
B. E-pass to be issued for attending marriages.
C. Places like the Auditorium, Gym, Spa shall remain closed.
D. Only take away or delivery of food allowed.
E. One weekly market per municipal zone shall be allowed to open per day. Full Story

14th April, 2021 (Wednesday)

1. The Supreme Court observed that while discharging the accused or at the stage of framing issues, the court can’t permit a mini-trial. The court at or before the time of framing issues cannot consider the defence of the accused under section 7 of the Prevention of Corruption Act. Full Story

2. Not all rights and duties can be mentioned and are listed in the Constitution. But there are few rights which the state has an obligation to facilitate to the people. The right to higher education is not enumerated as a Fundamental Right, but the state has an affirmative obligation to facilitate a good standard of education at all levels. Full Story

3. After observing the situation of pandemic and the increase in cases of COVID-19 day by day, the Ministry of Education has cancelled the board exams for class 10 and postponed the exams for class 12. Full Story

4. In Deepak Mahto vs State of Bihar, the Patna High Court draws importance of legal acumen a trial court Judge should bear who has the power of awarding the death sentence to the accused. The court further shows concern that it is necessary for a trial court judge to be well acquainted with the legal principles as its absence can cause a miscarriage of justice. Full Story

13th April, 2021 (Tuesday)

1. If the investigation is pending in a case and the evidences are yet to be produced before the court, the High Courts while quashing petition under section 482 of CrPC and Article 226 of the Constitution, shall not pass any order of not to arrest or “no coercive steps” during the investigation. Supreme Court has come up with 18 guidelines for all High Courts. Full Story

2. Today, the Supreme Court has beautifully addressed the Right of Muslim Women to take extrajudicial divorce that is Faskh. The 49-year-old judgment of K.C. Moyin’s case (supra), which declared that the woman can take divorce only as per section 2 of the Shariat Act and not under the personal law, is not a good precedent. Full Story

3. Article 21 of the Constitution does not just entitle every person the right to life and personal liberty but includes many facets in its ambit. Kerala High Court observed that the right to safe road and prevention from road accidents is a facet of fundamental rights, namely Article 19(1)(d) and Article 21. Full Story

4. The case not proven under section 185 of the Motor Vehicles Act does not exclude the insurer from establishing a case for exclusion for policy claim. Even if a scientific test is not performed to check the amount of alcohol present in the body of the person driving, the insurer can repudiate accident policy claim on the ground of drunken driving proved under the circumstances. Full Story

12th April, 2021 (Monday)

1. Despite taking precautionary measures, more than half of the people from the Supreme Court staff have tested positive for COVID-19. With the rising cases of COVID-19 in the national capital, Delhi, the Supreme Court again resumes the virtual hearing of cases. Full Story

2. The Division Bench of Gauhati High Court upheld that in order to lie the offence under the Unlawful Assemblies (Prevention) Act, 1967, the act committed must be a “terrorist act” as mentioned under section 15(1) of the Act. Furthermore, the act must be of such nature which threatens the sovereignty and integrity of India. Full Story

3. Islam preaches equality, equity, and forgiveness, but certain verses of the Quran make a negative interpretation of Islam fundamentals and therefore must be removed, said Advocate R. K. Raizada appearing on behalf of Syed Wasim Rizvi, former Shia Waqf Board Chairman. Supreme Court dismisses the petition and also imposed a cost of Rs. 50,000 for filing a frivolous petition. Full Story

4. In Sunil Kumar Verma vs State of Bihar, Patna High Court has cleared that judges who are serving in subordinate judicial services can’t claim to be recruited as District Judge through direct recruitment from Bar. Merely because a judge has a past experience of 7 years as an advocate prior to being a judge doesn’t make him eligible for direct recruitment from Bar. A serving judge can be elevated to District Judge on the basis of promotion only. Full Story

10th April, 2021 (Saturday)

1. Kerala High Court observed that if a woman believes or realises that she is unable to live her life without a man’s support, it is an absolute failure of the system. Single mothers are not supported by the system either financially or socially, and as a result, unwed mothers surrender their child. Full Story

1A. The writ petition filed by the live-in couple who earlier got separated had restored their child after getting united. The bench observed the right of biological parents over adopted parents or foster relatives. The bench also remarked that even if a child is born out of a live-in relationship, it will be treated as a child born out of valid marriage. The child shall bear the legal status, and the live-in couple shall be his biological or natural guardians. Full Story

2. In Vikeka Nand Dubey vs State of UP (2021), the Allahabad High Court said that the primary function of a teacher is to teach and any additional work can be assigned to the teacher in need of urgent requirements. Any extra work done by a teacher can’t be at the cost of teaching. Full Story

3. In Central Coalfields Ltd. vs Parden Oraon, the Supreme Court bench observed that the purpose behind giving compassionate employment is to help the family of the deceased to overcome the sudden tidal crisis which the family bears financially and socially. It can’t be claimed after lapsing of a reasonable period. Full Story

4. Kerala High Court stated that like the Principal District Judge, the Additional District Judge also has the jurisdiction to acknowledge the petition filed under section 34 of the Arbitration and Conciliation Act. The powers of the Additional District Judge are co-equal to Principal District Judge. Full Story

9th April, 2021 (Friday)

1. Supreme Court observed that usually the social and economically privileged people are forced to convert their religion and it violates the secular structure embedded in our Constitution. It has to be addressed that why can’t an adult be free to choose his or her religion. What is the use of the word ‘propagate’ under Article 25 then! Full Story

2. In a recent judgement of Kerala High Court, it was held that partnership is constituted between one or more persons under section 4 of the Partnership Act and Limited Liability Partnership can also form a relation of partnership with an individual or other persons. Full Story

3. In Deep Industries Ltd vs ONGC & Anr (2020), Supreme Court clearly said that in exercising jurisdiction under Article 226 and Article 227 of the Constitution, the High Court must not interfere with the awards made by Arbitral Tribunal unless the case is rare or requires specific consideration. Full Story

4. With the increasing rate of cases of COVID-19 and alarming situation of the pandemic, the Delhi High Court has ordered the hearings of courts to take place virtually till 23 April, 2021. No physical hearings shall take place in High Court and all District Courts. Full Story

8th April, 2021 (Thursday)

1. The Chief Justice of India narrated in a hearing that “what Advocate General thinks is what government thinks”. The Advocate General is regarded as part of the government and therefore his opinion holds equal importance and virtue. Full Story

2. Adv. Abhishek Gupta, counsel for accused Deep Sidhu in the Red Fort case said “Jo bole so Nihaal” is a common religious slogan like “Jai Shree Ram“. Without indulging in any kind of violence, shouting slogan is not a crime and doesn’t make me part of any unlawful assembly. Full Story

3. Every crime projects various facets of a human being. Like a murderer projects physical body, a rapist the very soul and inner being of the female. It is not merely a crime but an act of degrading honour of a helpless but self-respecting woman. It is more of mental pain than physical one. Full Story

7th April, 2021 (Wednesday)

1. Supreme Court affirms that any question either of fact of law if relates to novation of the contract can’t be dealt in a petition filed under section 11 of Arbitration and Conciliation Act only because it contains arbitration clause in it. Full Story

2. Supreme Court, while setting aside bail granted to an accused in case of dowry death, said that any judicial order delivered by the court must contain the qualitative reason/s which depicts the applicability of judicial mind and conscience of a judge. It must not be an enumeration of general observations. Full Story

3. Supreme Court held that a contract of tenancy is an independent contract and creates an individual right that vests with a person other than the joint Hindu family business. If a business is standing in the name of any member (including Karta) of a joint family, it nowhere arises a presumption of it being the joint family business. Full Story

4. The Allahabad High Court upheld that the Freedom of speech and expression under Article 19(1)(a) of the Constitution does not allow for spreading hatred or injuring any person’s feelings resulting in communal conflicts. The Constitution under Article 19(1)(a) does not permit or provides an absolute license for it. Full Story

6th April, 2021 (Tuesday)

1. On the recommendation of Present Chief Justice of India S A Bobde, the President has appointed Justice N V Ramana as the 48th Chief Justice of India. He shall be holding the office of CJI till 26th August, 2022. Full Story

2. The Supreme Court interprets section 32B of the Narcotic Drugs and Psychotropic Substances Act, 1985 wider. It says that the court may consider other factors too while deciding punishment which are not mentioned under section 32B of the Act. Court opined that the “Quantity of narcotic substance recovered can be a relevant factor for imposing higher punishment to the accused.” Full Story

3. In Jaspal Singh and Anr vs the State of J&K, the court reiterated the version laid down in Jarnail Singh vs State of Punjab (2011), that records and documents put before by the Police officers can’t be absolutely untrustworthy or unreliable merely because the witnesses are carrying official status their testimony can’t be disregarded. Full Story

4. Earlier in Adil vs State of UP (2020), Allahabad High Court stated that even after submission of the charge sheet, anticipatory bail can be granted to the accused. Now, in Shivam vs State of UP (2021), the court has issued important guidelines that in what appropriate cases anticipatory bail may be granted to the accused subsequent to filing of the charge sheet. Full Story

5th April, 2021 (Monday)

1. The Nationalist Congress Party’s Maharashtra Home Minister Anil Deshmukh has resigned from his post after the High Court of Bombay has ordered an initial CBI probe into allegations of corruption leveled against him by former Mumbai police commissioner Param Bir Singh. Full Story

2. A petition requesting the Central Government for the directions to take steps to make the age of the retirement of the judges of the High Courts and Supreme Court identical has been filed in the Supreme Court. The petition has been filed by Advocate Ashwini Kumar Upadhyay. Full Story

3. The High Court of Allahabad has laid down the procedure used by the competent authority to inquire into the criminal history of a candidate before selection in a recent judgement. The order has been passed while hearing a plea filed by Sanny Kumar. Kumar is distressed by an order passed by Superintendent of Police Jalaun, cancelling his selection as a constable in the Uttar Pradesh Police in the backdrop of several criminal cases pending against him. Full Story

4. Two Special Courts have been appointed by the Supreme Court to handle the offences related to the coal block allocation matters pending since 2014. Arun Bhardwaj and Sanjay Bansal are appointed as special judges for Special Courts 1 and 2 in order of their seniority. Full Story

3rd April, 2021 (Saturday)

1. The High Court of Allahabad has decided to restrain the functioning of regular Court in Lucknow and Allahabad till April 9 because of the sudden increase in COVID-19 cases across Uttar Pradesh. This order has been passed after consultation with the Administrative Committee of Judges of the High Court. Along with this, the High Court has passed fresh guidelines for the Court’s workings. Full Story

2. The bail application of a woman accused of female foeticide has been rejected by Madhya Pradesh’s Gwalior Bench. The applicant was arrested for offences under Sections 313, 318, 376(1) of the Indian Penal Code and under Section 5/6(j)(ii) of the POCSO Act. Full Story

3. The High Court of Kerala has laid the significance of being able to see the name, photograph, and symbol with clarity. The Court has done this while disposing of a plea relating to the visibility of a party’s symbol on Electronic Voting Machines (EVMs). Full Story

2nd April, 2021 (Friday)

1. Temporary protection from arrest has been granted to a man whose father was arrested in the Northeast Delhi riots case by a Delhi Court. The Court has further observed that police have not investigated his complaint and now want to arrest him. The Court has listed the matter to be heard on April 24. Full Story

2. The High Court of Allahabad has denied interfering in the plea filed against the reserving of Gram Pradhan’s seat in the Gram Panchayat elections, even though there is not a single Scheduled Tribe person in the entire district. Full Story

3. The Orissa High Court has observed that the law maintaining that having physical relation on a false promise to marry amounts to rape “appears to be wrong”. The Court has further observed that there is a need to amend the law defining sex with the victim on the pretext of fake promise to marry. Full Story

1st April, 2021 (Thursday)

1. The High Court of Uttarakhand has instructed the state government to increase the number of daily COVID tests with Kumbh Mela 2021 in the process to at least 50,000 per day. The Court has also directed the state government to urge those coming to visit the Kumbh Mela area to take their first or second vaccine doses at the designated centres throughout the Kumbh Mela area. Full Story

2. Yesterday, the High Court of Delhi has denied exercising its jurisdiction to quash an FIR filed for offences under the Protection of Children from Sexual Offences Act (POCSO). The Court has further stated that “it would go against the intention of the legislature to protect the interests of children.” Full Story

3. The confirmation given by the state government observing no regulation on movement of public or goods between Kerala and Karnataka has been accepted by the High Court of Karnataka. The state government has also confirmed that all the entry-exit points between the two states will stay open. The assurance was made while hearing a petition filed by Advocate B Subbaya Rai challenging the border restrictions imposed by the ruling of Deputy Commissioner of Dakshina Kannada due to rising in COVID-19 cases. Full Story

4. BJP leader and Advocate Ashwini Kumar Upadhyay has filed a PIL in the Supreme Court requesting directions to the Central and the State Governments to take appropriate steps for curbing black magic, superstition and forceful religious conversions. Full Story

WritingLaw » Law News » April 2021 – Law News for Students and Advocates Law Study Material
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