August 2021 Law News for Students and Advocates
August 2021 Law News

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31st August, 2021 (Tuesday)

1. Breaking: An unforgettable moment for India! Nine judges took the oath as Supreme Court judges. Out of nine, three women have been elevated as judges of the Supreme Court. Justice A.S. Oka, Justice Vikram Nath, Justice J.K. Maheshwari, Justice Hima Kohli, Justice B.V. Nagarathna, Justice C.T. Ravikumar, Justice M.M. Sundaresh, Justice Bela Trivedi and Sr. Adv. PS Narasimha has been administered oath by the CJI NV Ramana. Full Story

2. Judges speak through their judgments and orders and not by issuing oral directions. The element of judicial accountability is lost where oral regimes prevail. Judges are public officials and are accountable for their actions. Oral directions cause serious misgivings. Such a procedure is open to grave abuse. The formulation of reasons in a judicial order provides the backbone of public confidence in the sanctity of the judicial process, says Supreme Court. Full Story

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3. Allowing a public entity not to dispose of RTI applications within the time frame quells (put an end to) the purpose of the Right to Information Act, 2005, said Delhi High Court. As per section 7 of the RTI Act, the public officer must reply within 30 days unless the case relates to the life or liberty of a person. Full Story

4. Couple files writ in Bombay High Court for Cyro-Preserved Embryos from the USA. The right to have own children is a Fundamental Right to live a meaningful life. A child can be either through natural process or IVF or Surrogacy. The couple claims that the Surrogacy (Regulation) Bill, 2019 and Assisted Reproductive Technology (Regulation) Bill, 2020 do not prohibit surrogacy. Imposing a ban on having own child is a violation of fundamental right, says the petitioner. Full Story

30th August, 2021 (Monday)

1. The bench of Justices D. Y. Chandrachud and M. R. Shah in M/s Supreme Cylinders Ltd vs Anurag Deepak and Anr says it is better to appoint young lawyers as arbitrators in alternative dispute resolution as they are willing to complete proceedings in a shorter time with least cost. Full Story

2. Personal feuds and misunderstandings with a male superior or colleague at the workplace do not amount to sexual harassment, said Madras High Court. Transferring women to some other post or any misconception cannot be termed as sexual harassment. The allegation cannot be the basis of ‘after thought’ but of an instant reaction to act. Full Story

3. A PIL was filed in Madras High Court to direct the concerned authorities to spread awareness on astrological superstitions. The court dismissing the PIL said that the people must be left liberal and independent to believe, imagine and ponder their astrological beliefs. Science is a matter of discovery. It is yet not complete or absolute. Full Story

4. Salary of a primary teacher should be highest and attractive, says Madhya Pradesh High Court. A primary teacher must be the highest-paid employee under the government. We cannot ignore the decline of the standard of education in primary classes. If the meritorious are selected for teaching in primary schools, the students shall get the best education. Full Story

28th August, 2021 (Saturday)

1. In a democracy, speaking truth to power is the right as well as the duty of every citizen, said Justice DY Chandrachud in the 6th MC Chagla Memorial Online Lecture. He said that truth is essential for the functioning of modern democracy. Democracy and truth go hand in hand. We must always acknowledge the plurality of opinions. For the upliftment of society, we need to commit ourselves to the search for truth. Full Story

2. In Rahmat Khan vs Deputy Commissioner of Police, 2021, the Supreme Court said that it is the fundamental right of every person to move freely throughout the country. No person can be denied this right on insubstantial grounds. The restriction can be placed upon a person if his movement alarms danger to the public, disturbs public order and peace, or in other exceptional circumstances. Full Story

3. Refusal to repay the loan, not a ground of abetment to commit suicide, says Jammu and Kashmir High Court. For attracting section 306 of IPC, the act must be of such a nature that it leaves no other option to the deceased but to end his life. We accept that different persons react differently to a particular circumstance. But such a ground is no ground. Full Story

4. No resistance by the girl at the initial stage or first time of the commission of sexual assault by the accused amounts to pre-consent of the girl, says Madras High Court in Chinnapandi vs the State of Madras. Such consent cannot be called a misconception of fact. Full Story

27th August, 2021 (Friday)

1. In his farewell speech, Chief Justice Abhay Sreeniwas Oka of the Karnataka High Court quoted that, “A judge has to be strict without being harsh and very firm without being adamant. A judge must not go out of the way to please anyone. But must go out of the way to ensure that justice is done at any cost.” Sometimes a judge needs to be harsh in the interest of the institution. Maintaining the credibility of the judicial system is the biggest challenge for all of us. Full Story

2. Section 17 of the Prevention of Corruption Act gives power to the special judge to allow the officer below the rank of inspector to aid the investigating officer (I.O) in the investigation. The I.O shall be liable and responsible for every step taken by that officer during the investigation, and the officer shall work under the supervision of I.O, says Delhi High Court. Full Story

3. If a husband performs sexual intercourse with his legally wedded wife without her consent or will, it does not amount to rape, says Chhattisgarh High Court. Marital rape is not recognised as an offence under IPC. Exception II of section 375 of IPC justifies the same, which says that a husband having sexual intercourse with his own wife not being under 15 years of age is not rape court added. Full Story

4. After the expiration of the parole period, if the prisoner does not surrender himself to the prison authorities, it shall amount to escape from lawful custody, says Rajasthan High Court. Even while on parole, a person cannot be termed as a “free person” added court. So if a prisoner is outside the jail, he shall be deemed to be in prison, and all legal incidents shall apply to him as of prisoner. Full Story

26th August, 2021 (Thursday)

1. Instead of going away with the reservation system, the repeated amendments are endlessly extending and perpetuating the caste system in India, says Madras High Court. The constitutional makers kept it for a short duration to cover the infancy and possibly the adolescence of the republic. But now it’s more than 70 years. It is high time that merit may ultimately decide matters relating to admission, appointment and promotion. Full Story

2. The pendency of cases is increasing. The present established courts can’t look at thousands of cases. It becomes burdensome, we understand, says Supreme Court. The court has called for the establishment of Special/CBI courts to deal with pending matters related to MPs/MLAs. CBI report reveals that there are 121 cases pending trial for sitting MPs and 112 cases for sitting MLAs. Full Story

3. The President of India has notified the appointment of nine judges to the Supreme Court. It includes three women judges, namely J. Hima Kohli, J.B.V Nagarathna and J. Bela Trivedi. At present, only 24 judges are working in the Supreme Court despite sanctioned strength of 34. After the appointment, it will reach 33 in number. Full Story

4. Justice AM Khanwilkar, a second senior-most judge in Supreme Court, has been appointed as the Chairman of the Legal Services Committee of the Supreme Court. He shall be overall in charge of the administration and implementation of the programmes of the committee and shall preside at all the meetings. Full Story

25th August, 2021 (Wednesday)

1. If a party to the case submits any document in the court or tribunal wherever the case is being heard, it becomes necessary to supply a copy of such document to the opposite party unless the court resists or expressly directs not to send, says Delhi High Court. For example, if police submit any copy relating to the investigation in the court, then such document is not required to be sent to the accused party. So there may be exceptional cases. Full Story

2. The criminal record of a candidate cannot be neglected based on young age and rural setting, said Supreme Court in police constable selection case. The court emphasised that the selection was for a police force whose work is to maintain law and order. So there must be as much scrutiny in selecting candidates for this post. The police force is to inspire trust in people and such candidates cannot be the ones. Full Story

3. Custodial torture is an embargo to a civilised society. It is the worst crime in a society governed by the rule of law. It violates Articles 21 and 22 of the prisoner/accused person. Any form of torture or inhuman treatment shall and must not be tolerated, said Allahabad High Court while rejecting the bail plea of a former police constable in Sher Ali vs the State of UP. It is a matter of grave concern and must be looked into by authorities strictly. Full Story

4. Dera Sacha Sauda head Gurmeet Ram Rahim Singh verdict gets stayed by the Punjab and Haryana High Court. On suspicion of fiduciary relation between Special Public Prosecutor and the Presiding officer of the CBI court, the court has sought a response from the CBI judge to clarify the same by submitting a statement on that behalf. The matter has now been postponed to August 27, 2021. Full Story

24th August, 2021 (Tuesday)

1. The doctrine of basic structure propounded in the Kesavananda Bharati case is also applicable in Kenya, says the Kenya Court of Appeals. The court held that the doctrine is legitimate and sound. The court also quoted Justice DY Chandrachud statement that “the basic structures theme song is amend as you may, even the solemn document which the founding fathers have committed to your care, for you know best the needs of your generation. But the Constitution is a precious heritage, therefore you cannot destroy its identity.Full Story

2. Attorney General KK Venugopal throws light on the controversial judgment of the Bombay High Court, Satish Ragde vs the State of Maharashtra, in which the court said that offence of sexual assault under the POCSO Act would be attracted only when there is skin to skin contact between the accused and the child. On that, AGI quoted that it means a man wearing gloves will be acquitted then! We need to see the far-sighted consequences and reverse what was said. Full Story

3. The advocates who get indulged in indecent and undemocratic behaviour make the institution’s image bad, said Allahabad High Court in the context of Awadh Bar Association Election. The court has rescheduled the date for elections on September 25, 2021. The court said that it is the bar’s responsibility to keep the stream of justice pure and unsullied. Full Story

4. To make a person liable under section 306 of IPC for abetment of suicide, there must be an active act or direct act which drives the person to commit suicide. Sending the legal notice and filing a complaint against the person is legal recourse and not an act to abet person from committing suicide, said Delhi High Court. Full Story

23rd August, 2021 (Monday)

1. Breaking: The judgement delivered by the Supreme Court in Shayara Bano’s case declared the “Triple Talaq” unconstitutional and of no validity in the eyes of the law. Justice Sanjeev Kumar of J&K High Court noted that if the judgement does not specify the operation of the judgement, then it can have a retrospective effect too. Therefore the judgement will apply to the cases that were filed before the passing of judgement. Full Story

2. Just because the office of the Election Commission of India is situated in Delhi, the High Court of Delhi does not get the jurisdiction to decide on its plea, says the commission. Elections were held in five states- Assam, Kerala, Tamilnadu, West Bengal and Puducherry. The Delhi High Court does not have territorial jurisdiction to adjudicate in the matter of violating masking policy in campaigning elections. The matter has become infructuous (pointless or unnecessary). Full Story

3. An accused in the IIT Gauhati rape case gets bail from Gauhati High Court on the ground of being a talented student. The court noted that the future of the accused is at stake. Both the victim and accused are of the age group 19-21 only. There is no possibility that the accused can tamper with any evidence. Therefore, no need to continue detention unnecessarily. Full Story

4. To determine whether the speech is seditious or not, that speech has to be looked at in its entirety, said Advocate Tanveer Ahmed Mir for Sharjeel Imam in seeking bail under the Delhi riots case. It is the right of a citizen to say or write whatever he likes about the government. “A democracy without criticism is like a society without a voice.Full Story

21st August, 2021 (Saturday)

1. If the documents could not be filed at the time of filing plaint, then the court can grant permission to the plaintiff to file documents under Order 11, Rule 5 of the Civil Procedure Code to file them at a later stage of the suit, says Delhi High Court. Full Story

2. Punjab and Haryana High Court refused protection to a woman who was staying in a live-in-relationship despite being married and having a child. The court called it an “unholy alliance” because without taking a divorce from her husband, the wife started living with another man stating that she was harassed mentally and physically by her husband. Full Story

3. Justice Pankaj Naqvi of Allahabad High Court, in his farewell speech, quoted that there is no religion superior to humanism. You cant be a good Hindu, you can’t be a good Muslim unless you are a good Human being. One must always be secular in his approach. We will live and die for the Constitution. One must cultivate respect for all religious beliefs. Full Story

4. The provisions of law that interfere with inter-religious marriages violate Article 21 of an individual’s right to choose a life partner. Provisions of such law put the parties entering into a valid marriage “in great jeopardy”. From the common person’s perception, it appears that merely because parties converted for marriage does not mean that the conversion was unlawful, says Gujarat High Court. Full Story

20th August, 2021 (Friday)

1. The default sentence cannot be directed to run concurrently with other sentences, said Supreme Court. The accused was furnished under sections 3(1)(ii), 3(2) and 3(4) of the Maharashtra Control of Organised Crime Act read with section 120B of the Indian Penal Code. Along with the imprisonment of 7 and 10 years, he was fined Rs. 5 lacs. In default of which three years rigorous imprisonment was ordered. The Supreme Court said that all sentences cannot run concurrently. Full Story

2. The evidence recorded during the trial stage shall be given preference over the material evidence collected during the investigation, said Allahabad HC. It is the power of the court under section 319 CrPC to proceed against any person not mentioned in FIR who seems to be a suspect and of which the court feels to be tried together with the other accused. Full Story

3. If any person is related to the arbitration parties in any manner as prescribed under the Seventh Schedule of the Arbitration Act, then such person cannot be appointed as an arbitrator even if the agreement expressly allows for it, says Kerala High Court. Full Story

4. Lawyers are acknowledged for their knowledge who are prepared with the case briefing in court and not based on whom they are connected with or whose son or daughter they are, said Justice DY Chandrachud. We always remember young lawyers who argue well and ensure that capable juniors get more opportunities. Full Story

19th August, 2021 (Thursday)

1. Only because there is a provision of a lawful arrest does not mandate that the person must be arrested, said Supreme Court. Personal liberty is an important aspect of our constitutional mandate. There can be a clear distinction between the power of arresting the accused and a justifiable reason for arresting him. If arrest is made a routine, it can harm the reputation and self-esteem of a person. Therefore the police officer arresting must have a reason to arrest even if it is lawful. Full Story

2. The physical hearings in Delhi High Court shall resume from August 31 and in district courts from August 24, respectively. Every judicial officer shall hold physical court on alternate days as per the roster prepared for them. On any given day, only 50% of the total strength of judicial officers shall hold the court physically and the others through virtual mode. Full Story

3. The investigation in a criminal case must be done to unearth the truth and not bury the same fathom deep, says Supreme Court while acquitting all the accused in a murder case of 2008. While investigation, generally, the point of circumspection is against the persons mentioned as accused in the FIR and then on other suspects and informants. It can be a possibility that the main culprit lodges FIR for shifting the culpability or deviate the investigation. There cannot be any fixed formula that the prosecution has to prove, added court. Full Story

4. Second marriage by the spouse after the grant of the divorce decree is not an act of cruelty or domestic violence against the ex-wife, said Bombay High court. Merely because there has been a domestic relationship between the parties, the wife cannot make a ground of second marriage to initiate proceedings against the husband under the Domestic Violence Act. Full Story

18th August, 2021 (Wednesday)

1. Supreme Court passes interim order allowing women to give NDA exam scheduled for September 5, 2021. Earlier, women with 10+2 eligibility did not have any mode of access to join the Indian army. The court stated that not providing equal opportunity and discriminating on the basis of gender is a clear violation of the fundamental right under Article 16 of the Constitution. Full Story

2. Reflections in some actions of the media, pending the process, even before formalising the resolution is counterproductive, said CJI NV Ramana. The CJI expressed concern about media speculations for the appointment of judges in the Supreme Court. He said that the appointment of judges is a sacrosanct (holy, sacred) act, and certain dignity is attached to it. Media and senior journalists must take care of this. The process is still ongoing, meetings to be held, but an anticipated reflection of media is disturbing and highly upsetting. Full Story

3. In Vijay Peinuly vs the State of Uttarakhand, the Supreme Court reiterated what was cited in Santosh Kumar vs the State of Bihar (2020) 3 SCC 443. The court held that if there is no other credible evidence and the evidence of the prosecutrix seems credible in the court of law, then it can be the sole basis for the conviction of the accused under section 376(2)(i) of IPC. Full Story

4. As per Order 8 of the Civil Procedure Code, the defendant must file the written statement within 30 days from the date of service of summons or within the extended grace period of 90 days; that is, in total, within 120 days. The defendant shall attach an application of condonation of delay along with the written statement if he is filing it after 30 days but before the expiry of 90 days, said Delhi High Court. It is not for the court to furnish reasons for the delay, but the party must explain the delay. Full Story

17th August, 2021 (Tuesday)

1. The Bar Council of India has decided to take the All India Bar Examination-XVI (AIBE-16) on 24 October 2021. The last date for online registration has also been extended till 15 September 2021. The admit cards of the exam shall be released by 4 October 2021 or after it. From this time, no candidate shall be allowed to carry any notes or books in the exam except bare acts. Full Story

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2. Today’s judiciary is very strong and does not concern with what government says or feels, says Attorney General for India, KK Venugopal, in a webinar organised in the memory of former Kerala Advocate General M.K. Damodaran. The judiciary acts on its own judgments, which include areas that are prohibited. It also directs law officers of what is correct and what not and also suggests the law that parliament should pass and not pass. Full Story

3. Allahabad High Court directs Advocate General for the State, UP, not to accept any case diary unless a certificate is attached or showed by the investigating officer verifying it as the original or true copy. And if it is found that Advocate General has, without the endorsement of investigating officer, accepted the incomplete case diary and as a result, it wastes the time of the court, then the Advocate General shall be held responsible for it. Full Story

4. Husband clear indication that he would not share the responsibility of child after birth and committing acts of domestic violence against wife repeatedly is a burdensome mind of state for a woman, says Bombay High Court. The court, on a petition filed by the woman, allowed her to terminate her pregnancy as a continuance of the same would involve a grave risk of injury to the physical and mental health of the woman. Social and economic factors which may confront the pregnant woman in the present or near future are important considerations, said court. Full Story

16th August, 2021 (Monday)

1. While dismissing the petition filed by Minimum Competency Vocational Course instructors claiming pay scale equivalent to full-time teachers, the Bombay High Court said that the principle of ‘Equal pay for Equal work’ is not a fundamental right but a constitutional goal. This principle is not abstract and does not operate in a vacuum, said the court. Full Story

2. Central government filed an affidavit in Supreme Court. Decides to constitute a committee of experts to examine the issues about the Pegasus Snooping Scandal. However, the Ministry of Electronics and Information Technology has denied all the allegations and seeks an independent probe into the matter.
Issue: According to some publications, some mobile contacts were potential targets of the spyware service given by the NSO company to various governments, including India. Full Story

3. Supreme Court denies granting interim protection for coercive action to former Maharashtra Home Minister Anil Deshmukh in a money laundering case. The court said we are not ready to grant any relief in the same. The petitioner is at liberty to access remedies under CrPC. Full Story

4. Police in uniforms, carrying weapons while interrogating children regarding sedition case, Anti-CAA at Shaheen Education Society is a serious violation of Juvenile Justice (Care and Protection of Children) Act, 2015, says Karnataka High Court. Section 86 of the Act states that if police interact with children, they shall be in civil clothes and not in uniform. And there shall be a woman officer if dealing with a girl child. Full Story

14th August, 2021 (Saturday)

1. India is a conservative and traditional society. We have yet not reached that level where girls indulge in sexual activities just for fun, said Madhya Pradesh High Court. It happens in the cases where there is the promise or assurance of marriage and otherwise not. It is only the woman who runs the risk of being pregnant. You cannot just plead consent on the part of the prosecutrix (a female prosecutor or plaintiff) and laugh all the way to your home, held court. Full Story

2. More diversified your approach is, the more you get connected with the law because the law is greatly interconnected, says former Justice Rohinton Nariman, Supreme Court. He advises students to do diverse studies. The more you take things outside the law, the more it helps you with the law. Everything helps in law. Nothing goes to waste or is useless. “When you study your faith and various other faiths, everything becomes so much richer”, quoted Justice Nariman, who has devoured Shrimad Bhagavad Gita, Holy Quran and several other texts. Full Story

3. The Allahabad High Court reiterated the proviso of section 161(3) of CrPC, which says that in sexual offences, the victim’s statement must be recorded by audio-video means by a woman police officer. But this practice is not being followed by the majority of investigating officers. The court said that the investigating officer is under the highest responsibility to conduct an impartial, untainted, fair and uninfluenced investigation. The proper investigation is an integral facet of the rule of law, added court. Full Story

4. It is improper to quash criminal proceedings under section 482 of CrPC when the allegations against the accused are serious, says Supreme Court. And also, no evidence can be appreciated at the stage of quashing of proceedings under section 482 CrPC. The court said that the power of quashing under this section is an exception and not a rule inherent. It has to be used sparingly in exceptional circumstances. Full Story

13th August, 2021 (Friday)

1. Assam CM Himanta Biswa Sarma tables Assam Cattle Preservation Bill, 2021 to restrict and ban beef sale in areas with more population of Hindus, Sikhs, Jains and other non-beef-eating communities or within a radius of 5 kilometres from Hindu temple. The bill also restricts interstate transport of cows to prevent cattle smuggling to the neighbouring state Bangladesh. As per news agency ANI, the Assam Assembly passed The Assam Cattle Preservation Bill, 2021 today. Full Story

2. Large watermarks on the pages of Tribunal orders and judgments make them difficult to read and consequently impact the delivery of justice, said Justice DY Chandrachud, Supreme Court of India. Though tribunals don’t come under us, we will deal with this issue in the E-Committee. A large logo on every page makes it uncomfortable in reading. Watermarks need not be the source of proving authenticity; you may also sign the judgments digitally, said the court. Full Story

3. Sexual offenders must be dealt with iron hands so that such incidents do not take place again, says Madras High Court. The pathetic situation is that women cannot move out of their house fearless. Their security and safety are at peril, at the hands of antisocial elements who look at women just to satisfy their lust. It feels that the efforts of our freedom fighters have gone in vain. The court directed CBI to arrest all persons accused in Pollachi sexual assault case, 2019. Full Story

4. In Ayesha alias Sapna Mishra vs Government of NCT of Delhi and Anr, the woman who converted to Muslim in 2018 has moved to the Delhi High Court alleging that she is getting phone calls from the vigilante groups to convert back to Hinduism. She is also apprehended for her arrest in Delhi by the UP Anti-Terrorism Squad in the conversion racket case. She pleads that she converted to Islam without any undue pressure or coercion. The court had directed Delhi Police to provide the woman with all essential phone numbers, including that of SHO and beat staff, for her safety. Full Story

12th August, 2021 (Thursday)

1. On the farewell day of one of the strong pillars of the contemporary judicial system, Justice RF Nariman, the Chief Justice of India NV Ramana said that it feels like “I am losing one of the lions which guarded this judicial institution.” With judgments like Shreya Singhal, Puttaswamy, he has left an indelible mark. The institution will surely miss his knowledge and intellect, said CJI. Full Story

2. How high-so-ever genuine the compassion of a government servant, but that does not entitle a retired person from continuing to occupy a government accommodation, said Supreme Court. The government accommodations are for serving officers and not for the retired ones. Full Story

3. No person can claim any fundamental right to carry on business with the state or its instrumentality, says Kerala High Court. The signing of a declaration form with accurate GST details is not a condition precedent for awarding the tender to a party. If the act of state or its instrumentality is fair and in the public interest in awarding a contract, then the court cannot interfere. Full Story

4. Justice NV Ramana rebukes false narratives about the easy life of judges. He says that we continue to work even on court holidays, do research work and pending judgments work. He denied the misconception in the people’s minds that judges stay in big bungalows and work only to 10 to 4. It is untrue. We either burn the midnight oil or wake up before sunrise or sometimes even both to fulfil our judicial duties. Full Story

11th August, 2021 (Wednesday)

1. After the 2015 amendment to the Arbitration and Conciliation Act, the perversity of an award is no longer a ground to refuse the enforcement of a foreign award under section 48 of the Act. The ground of patent illegality can only set aside domestic arbitration awards. It does not apply to international commercial awards, says Supreme Court. Full Story

2. A foreign award is binding on the parties signatory to the agreement and may be binding on the non-signatories to the arbitration agreement as well, says Supreme Court. Section 46 of the Act does not use the word ‘parties’. Rather it uses ‘persons’, which may in its ambit also include non-signatories. Merely because the foreign award was made against a non-signatory does not ceases its enforceability. Full Story

3. Rajya Sabha passes 127th Constitution Amendment Bill. The bill is to restore the power of state governments to identify Socially and Economically backward classes. It is necessary to clarify to the States and Union Territories that they are empowered to prepare their own lists to maintain the country’s federal structure. Full Story

4. Section 106 of the Evidence Act provides the burden of proving on the person knowing any fact. Failure of the accused to explain can only be held as an additional link to complete the chain of circumstances. If other circumstances in the chain are not established, such failure cannot be the sole basis for the conviction of the accused, says Supreme Court. Full Story

10th August, 2021 (Tuesday)

1. A big move by the Supreme Court to decriminalise politics. A person with a criminal antecedent or record cannot be allowed to make a lawmaker. It is the domain of the legislative arm, and we cannot transgress (go beyond the limits of (what is morally, socially, or legally acceptable)) into the matter. We can only appeal to the conscience of the lawmakers. The court has directed the Election Commission to create a mobile app and publish information regarding criminal antecedents of candidates on the homepage of their website. Full Story

2. To ensure the disposal of pending cases against MPs/MLAs, the Supreme Court has directed the judges to continue with their present posting until the passing of further orders. And also, no case against the legislators should be withdrawn without the permission of the concerned High Court. Full Story

3. Throwing a chit of paper on a woman on account of professing love for her is an offence under sections 354 and 509 of the Indian Penal Code, which is outraging a woman’s modesty. The modesty of a woman is her most precious jewel, the court added. There cannot be any straight jacket formula as to what amounts to the outrage of woman’s modesty. It depends on the case to the case basis, says Bombay High Court. Full Story

4. BJP leader advocate Ashwini Upadhyay got arrested by the Delhi police about the recitation of anti-muslim slogans in his rally Bharat Jodo “Against Colonial-era Laws,” which took place on Sunday. Advocate Upadhyay has distanced himself from the allegations by Delhi Police, stating that his rally concluded by noon and the slogans were raised around 5 pm. Full Story

9th August, 2021 (Monday)

1. Supreme Court gets angry at the non-responsive and casual behaviour of the Union government in making a concrete plan of action for monitoring the litigation in revenue matters. While pulling up the centre, the court remarks, “Patience of this court is now wearing thin”. Before issuing of contempt notice, the court has given a final chance to the government to come back with a plan. Full Story

2. To hear a revision petition under section 397 of the Criminal Procedure Code, depositing the fine amount can’t be made a condition precedent to hear the same, says Supreme Court. The High Court may assign a reasonable prerogative to the revision petition and endeavour to take a final decision on the same expeditiously. Full Story

3. Nothing concrete came in Judge Uttam’s Anand killing, discloses CBI report. Nothing concerning intention or motive could be seen behind the crime. “There is nothing in a sealed cover.” We want some substantial and concrete material says Chief Justice of India NV Ramana. Full Story

4. The marriages taking place under the Special Marriage Act can also be registered via video conferencing mode, says Supreme Court. With the growing time, the law needs to run along with the wheels of technology. The law cannot be so rigid that it creates difficulties for the parties to get a marriage certificate only on the ground of the wife’s inability to travel to India from the USA. Full Story

7th August, 2021 (Saturday)

1. An award or order issued by an Emergency Arbitrator is covered under section 17 of the Arbitration and Conciliation Act, said Supreme Court in Amazon.com NV Investment Holdings LLC vs Future Retail limited. No appeal shall lie against the order of enforcement. The Arbitration Act nowhere prohibits the parties to agree on a provision for an award being made by Emergency Arbitrator. Party autonomy is one of the key pillars of Arbitration, the court added. Full Story

2. A law should not be such, which compels a spouse to suffer in marriage on denial of divorce by the court. The interference of the state should be minimal in personal matters. The autonomy of an individual should be considered more important. It is a fundamental right of a spouse not to suffer in a marriage, says Kerala High Court. Full Story

3. It is heinous and grave that a woman allowed her live-in partner to commit sexual assault on her minor daughter. The Telangana High Court rejected the bail plea of the woman on the ground of serious allegations against her. The sexual assault was of such a nature that the minor daughter became pregnant and gave birth to a male child. Full Story

4. An inter-religious marriage is not an offence in itself under the Gujarat Freedom of Religion (Amendment) Act, 2021. The Act aims to see the relationships which cannot turn into marriage without converting to other religions. If an inter-religion marriage occurs without coercion, fraud etc., it should not be treated as an offence. It is up to the married couple to decide which religion to follow, remarks Gujarat High Court. Full Story

6th August, 2021 (Friday)

1. Breaking: Kerala High Court recognises marital rape, a non-penalised provision as a good ground to claim divorce. Disregarding the wishes and feelings of the wife falls in the frame of physical and mental cruelty. Treating a wife’s body with the feeling of owning her and committing sexual acts against her will is marital rape though it is not considered an offence. The court also added that sex in married life is the reflection of the intimacy of the spouse. Full Story

2. It is the right of every child to use his or her mother’s name as a surname instead of his father, says Delhi High Court in Vindhya Saxena vs East Delhi Municipal Corporation. The father does not own the daughter that she should use only his name as her surname. Full Story

3. There is no helping attitude of CBI and IB towards the judiciary at all, says Chief Justice of India NV Ramana. If a judge is threatened in high profile cases via SMS, WhatsApp or any other means and complains to CBI or police, they do not respond. Instead, the judges are smeared when an adverse order is passed. Sorry to observe this attitude of CBI and IB. Full Story

4. Article 25 of the Constitution does not immune any person or class of persons from taxation on account of religion. In the eyes of law deduction at source is to be affected by the salary paid to the government employee. The religious congregations play no role says Kerala High Court. Full Story

5th August, 2021 (Thursday)

1. Before taking cognizance, holding an inquiry of an accused who reside outside the territorial jurisdiction of the Magistrate is to ensure that any innocent person is not harassed unnecessarily. And when the complaint is filed by a public servant in discharge of his official duty then there is no need to record the statement of such public servant as per the proviso of section 200 of CrPC before summoning to the accused, says Supreme Court. Full Story

2. The last seen theory is applicable to the point of time when the deceased and the accused were last seen together and when the victim is found dead. If the theory is founded, then an adverse inference can be drawn against the accused in case he fails to explain the circumstances in which he left the company of the deceased, says the Supreme Court. The court also added that the last seen fact should not be weighed in isolation from other evidence by the prosecution. Full Story

3. Diversity brings wide-ranging opinions to the table, says Chief Justice of India NV Ramana in a Coffee Table Book launch by the society for Indian law firms. Major or big law firms only go for tier-1 cities and select universities for recruitments, which in turn leave legal aspirants from regional spheres behind. There are diamonds in the rough everywhere, he added, emphasising local talents from tier-2 and tier-3 cities. Full Story

4. In Renuka vs Yelaguresh, the Karnataka High Court held that the order of maintenance passed by the court under section 12 of the Protection of Women from Domestic Violence Act, 2005 are enforceable same as they are in section 125 of CrPC. The combined reading of sections 12 and 20 of the Domestic Violence Act make it clear. Full Story

4th August, 2021 (Wednesday)

1. Breaking: In N Vasudevan and Ors vs The Registrar General, the High Court of Judicature at Madras and Ors, Madras High Court said that the seniority of civil judges must be fixed only based on the marks obtained by candidates in the recruitment examination. The promotions obtained to date shall not be affected by this judgment and shall apply on the list of civil judges from 2009 onwards. The court said that seniority cannot be fixed based on 200 points roster system. Full Story

2. Does rape includes sexual assaults beyond penile penetration? Answering this question, Kerala High Court said that when the victim’s body is manipulated to hold the legs together for simulating a sensation akin to penetration of an orifice (an opening in the body such as a nostril or the anus), the offence of rape under section 375 of IPC is attracted. The court also noted that the provision includes penetration to other body parts of the woman also and is not confined to the vagina, urethra or anus only. Full Story

3. The trial of the offence committed by an Indian citizen outside India cannot be commenced without prior permission of the central government under section 188 of CrPC. But such sanction is not a condition precedent at the stage of taking cognizance, says Supreme Court. Sanction can be taken before the trial begins, the court added. Full Story

4. Calcutta High Court imposes a cost of Rs. 40 crores against a man for felling of over 60 trees. Along with the cost for the offence to be compounded, the court also directed the man to plant 100 trees on the premises. The court said that irreplaceable damage to the environment shall not be ignored. Full Story

3rd August, 2021 (Tuesday)

1. If the High Court admits a second appeal on being satisfied that a substantial question of law is involved, then such appeal is required to be heard in terms of Order 42 of CPC, and it cannot be disposed of summarily merely because the findings of the first appellate court called for no interference. It is required and necessary for the High Court to examine the matter properly and to determine the substantial question of law formulated in the case says Supreme Court. Full Story

2. The procedure under section 313 of CrPC is to provide an opportunity for the accused to present his defence, but the burden of proof on the accused under section 313 of CrPC is not beyond all reasonable doubts, says Supreme Court. The accused only needs to create doubt. It is for the prosecution to establish and prove that the accused draws no benefit from the doubt created. Full Story

3. To attract the liability of a person for abetment of suicide under section 306 of IPC requires an active role to be played by that person. It includes an act of instigation or any other act that facilitates the commission of suicide, says Supreme Court. Mere harassment without any positive action on the part of the accused proximate to the time of occurrence, which leads to suicide, would not amount to an offence under section 306 IPC. Full Story

4. If a person dies by suicide and leaves a suicide note mentioning any person responsible for his/her suicide by forcing him/her to take this extreme step, then such statement of the deceased must be taken and examined with all seriousness. No one would end his life on his own. Even old people have the desire to live more. Therefore the last statement of the deceased must be seen with care and caution, says Punjab and Haryana High Court. Full Story

2nd August, 2021 (Monday)

1. There must be a display board at every police station informing about the right to legal aid services, said Justice UU Lalit, Supreme Court of India, while delivering a speech at an event organised by Haryana Legal Services Authority inaugurating a year long campaign- “Quality of Legal Services is Key to Access to Justice for All.” This step shall ensure the implementation of the provision that no accused shall remain unrepresented due to any reason, especially poverty. Full Story

2. After the filing of a plea in Kerala High Court challenging Rs. 50,000 deposit for counselling in CLAT exam, the Consortium of National Law Universities has agreed to permit students to participate in the counselling process without depositing Rs. 50,000. Full Story

3. The Supreme Court has directed the Paralympic Committee of India to recommend a 5-time Paralympic shooter and receiver of the Arjuna Award, Naresh Kumar, as an additional participant in the 50-meter para shooter event in the Tokyo Paralympics starting from August 24, 2021. Full Story

4. In a water dispute, the state of Andhra Pradesh has filed a plea against Telangana, alleging that they are denying them their legitimate share of water for drinking and irrigation purposes. To this Chief Justice of India, NV Ramana, said “I am from both the states, I cannot hear the case on legal issues but can help parties in a way out through mediation if they agree to it.Full Story


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