June 2021 - Law News for Students and Advocates


30th June, 2021 (Wednesday)

1. Big relief for CA students. No more requirement of RT-PCR report to take opt-out option in CA exams starting from July 5, 2021, said Supreme Court. Now the candidate can opt-out based on a medical certificate issued by any registered medical practitioner. Full Story

Bare Act PDFs

2. A big move by J&K High Court. There has been an after-effect of COVID-19 in almost all fields. It also impacted the functioning of courts and legal practitioners, as observed by the High Court of Jammu and Kashmir. Therefore the court has sanctioned an amount of Rs. 1 crore to financially assist and help the advocates across various districts of J&K. Full Story

3. If a husband by his acts or words compels a woman to live in her parental home, it amounts to cruelty, said High Court of Madhya Pradesh. It cannot be said that the wife has deserted the husband or living separately without any reasonable reason. Full Story

4. Supreme Court bids farewell to Justice Ashok Bhushan on his last working day. Justice Bhushan once in an interview said – “The Judges are known by their judgments. Judgments are the only true criteria for testing the mettle of a Judge.” On his last day, he delivered judgment on ex-gratia compensation to the families who succumbed to COVID-19. He will always be remembered for his remarkable judgments, said CJI. Full Story

29th June, 2021 (Tuesday)

1. Right to food and other basic necessities is an intrinsic part of Article 21 of the Constitution, says Supreme Court. The court has directed all the states to implement a “one nation, one ration card” scheme. Article 21 guarantees at least the bare necessities of life. The state must provide food security to all. Full Story

2. If a wife is living abroad for a career along with her son is not unjustified or selfish says the Bombay High Court. It cannot be seen as an act of cruelty on the part of the wife. The court dismissed the divorce petition filed by a 44-year-old husband. The court observed that staying apart for work cannot be termed as desertion and there is still scope to secure the bond. Full Story

Bare Act PDFs

3. Adultery is no more an offence under section 497 of the Indian Penal Code as per the 2018 judgement of the Supreme Court, Joseph Shine vs UOI. But the provision will apply to all pending proceedings for the offences which were committed before this judgment said Jharkhand High Court. Full Story

4. A complaint has been filed by the Secretary-General of Bajrang Dal in UP against Twitter India MD Manish Maheshwari for showing a distorted map of India on the website heading “tweep life”. He has been charged under Section 505(2) of the Indian Penal Code and also under Section 74 of the Information Technology Act. Full Story

28th June, 2021 (Monday)

1. It would be in the interest and for the betterment of CA students if the exam does not get postponed or cancelled says ICAI (The Institute of Chartered Accountants of India) during the hearing of a petition filed by the students for postponement. CA exam is a professional exam and it should not be equated with board exams. If the examiner or any of his/her family members got infected with COVID-19 after 21 June, then on production of RTPCR report, the student can opt-out for examination. The matter will be finally decided in the Supreme Court tomorrow. Full Story

2. The persons with disabilities have the right to promotion in reservation, says Supreme Court. The Indira Sawhney judgment does not restrict or bar the same. The application for promotion in the reservation based on disability should be considered when a claim originally arose. The court has directed the government of Kerala to implement this within 3 months. Full Story

3. After Mukul Rohtagi, KK Venugopal was appointed as Attorney General of India in 2017. Today, centre has extended the tenure of Attorney General KK Venugopal for one more year. He shall continue on the post till 30 June 2022. He is also considered a Constitutional Law expert by the fraternity. Full Story

4. Calcutta High Court explains between temporary injunction and attachment before judgment under the Civil Procedure Code. The court explained that temporary relief under Order 39 is granted to the person where there is an imminent risk to the property in dispute in the suit by the respondent’s acts. Whereas attachment before judgment under Order 38 applies at the later stage of the suit. It is applicable before the execution of a decree is sought by the decree-holder. Full Story

26th June, 2021 (Saturday)

1. The Calcutta High Court in Netai Ghosh vs the State of West Bengal held that gifts given by friends, parents or relatives to the bride and bridegroom do not come under the ambit of dowry if given under natural love and affection. Such gifts can not be deemed as consideration for the marriage. Full Story

2. While launching the book ‘Anomalies in Law and Justice’ written by a retired judge of the Supreme Court, Justice RV Raveendran, the Chief Justice of India, NV Ramana, quoted that “The best judge is the one who is less known and seen in the media.” Full Story

3. If the court issues notice under Section 41A of the CrPC to appear, it does not evade the apprehension of the arrest, said Karnataka High Court. The court further held that a person can maintain anticipatory bail application:
> Firstly, if he gets notice under Section 41A of CrPC;
> Secondly, after corresponding the terms of the notice police feels person ought to be arrested; and
> Lastly, where a person fails to comply with the terms of the notice. Full Story

4. The Bombay High Court in its ruling said that ‘law and order’ and ‘public order’ are two different aspects. They are different in respect to the degree, potentiality and extent of their reach upon society. The court said to keep a person under preventive detention cannot be substituted to deal with ordinary law and order. Full Story

25th June, 2021 (Friday)

1. Vaccinating people by force or by using coercive methods violates fundamental rights of people, says Meghalaya High Court. Article 21 includes the Right to health also. Compulsory administration of vaccine without hampering one’s Right to life and after informing and obtaining the consent from a person is one thing. But to be coercive is a different character. Full Story

2. Uttarakhand High Court recognises the importance of education for juveniles in children’s homes. The court addresses the willingness of a juvenile from children’s home, Haridwar, to do a B.A. course. The court orders to make all arrangements for the appellant (juvenile) to give his exams online and allow the tuition course online. Full Story

3. Patna High Court set aside the trial court judgment and order on convicting a man under dowry death merely on ‘moral grounds’. The prosecution could not prove motive beyond doubt, nor was there any legally admissible evidence. The trial court convicted the accused under section 302 of IPC merely because the wife died in a matrimonial home. The High Court said reasoning in the mental process is crucial to conclude. The finding of facts should be based on legal testimonies. Decision-making requires motivation and the cognitive capacity of a judge. Full Story

4. Madras High Court expresses anguish over increasing cases of sexual assault of children by relatives or known persons. The court, while convicting a sentence to a man for raping 11 years old child, says that it is disturbing to know that despite having various laws for sexual offences and child crimes, the rights of the female child remain at stake. Full Story

24th June, 2021 (Thursday)

1. Breaking: The High Court of the UK (England and Wales) rejected Nirav Modi’s application against his extradition to India in Rs. 14,000 crores Punjab National Bank Scam (PNB Scam). The court has rejected his permission to appeal. Full Story

2. An act of negligence on the part of the nurse has been seen in the government hospital of Thanjavur, Tamilnadu. The nurse cut down the thumb of a newborn. The Madras High Court has directed the Tamilnadu government to give Rs. 75,000 as interim compensation to the child’s parents and has also directed to admit the child to a multi-specialty hospital to prevent him from any kind of permanent disability. The court said that the theory of strict liability needs to be applied. Full Story

3. It is the fundamental right of a major person (18 or above) to choose their life partner, says Uttarakhand High Court. The court grants protection to the inter-faith couple. The court said that family members can advise or suggest their children but are not allowed to threaten children or their life. An adult person can live the way he desires to. Full Story

4. The Allahabad Court asks how can protection be given without filing any application? A woman files a plea for protection living under a live-in relationship because of the anti-social activities of her husband. She has left her matrimonial home but has not even filed a single application for divorce against her husband in any court of law. The court said that no such protection could be granted during the subsistence (maintaining/continuing) of marriage. Full Story

23rd June, 2021 (Wednesday)

1. Yog Guru Baba Ramdev files a writ petition in the Supreme Court under Article 32 of the Constitution. He prays to the court to club all FIRs filed against him and transfer the case matter to Delhi. He also seeks interim relief from the court to put a stay on the investigation in all the FIRs. Multiple FIRs were filed against him for his alleged statement that “Allopathy can not cure COVID.” Full Story

2. The Delhi Government Mukhyamantri COVID-19 Pariwar Aarthik Sahayata Yojana is providing Rs. 50,000 ex gratia to those families who have lost a family member in COVID-19. If the deceased person in the family was the sole earning member in the house, then Rs. 2,500 will be given additionally every month. Full Story

3. Applicability of Section 86 of the Civil Procedure Code is limited, and its protection can not be availed if one has waived impliedly. If a foreign state chooses to wear the hat of a commercial entity, then it can not claim sovereign immunity under Section 86 of the Civil Procedure Code against enforcement of Arbitral Awards result of a commercial transaction. Full Story

4. A Judge of Karnataka High Court urges the bar members to address the court as ‘Madam’ or ‘Sir’ and not with honorifics ‘My Lord’ or ‘Your Lordship’. Last year even the Rajasthan court emphasised the lawyers to desist from saying ‘My Lord’ or ‘Your Lordship’. Full Story

22nd June, 2021 (Tuesday)

1. Being the senior-most judge of Allahabad High Court, Justice Munishwar Nath Bhandari has been appointed as Acting Chief Justice of Allahabad High Court by the President of India. He is appointed as per Article 233 of the Constitution of India. Full Story

2. There is no need to wait for the deposition of a certified copy of documents of the order to seek an opinion on filing an appeal in SC/ST cases, said Karnataka High Court. The court has directed the Director of Prosecutions to reframe the rules and guidelines and to make the process easier. Full Story

3. Arnab Goswami, the editor in chief of Republic TV, has been added as accused in the TRP scam (Television Rating Point Scam) by Mumbai police. The charges include cheating, forgery, criminal conspiracy, etc. Full Story

4. Justice delayed is justice denied retaliates Chhattisgarh High Court. The court observed Right to a speedy and fair trial is the fundamental essence of criminal proceedings. The court awards Rs. 1.8 lakhs as compensation to the man who was kept behind the bar over the sentence he was awarded upon conviction. Full Story

21st June, 2021 (Monday)

1. CBSE informs the Supreme Court about the declaration of class XII results. The board shall declare results by 31st July 2021. The students who won’t be satisfied with their marks or result can choose to appear for the examination. The board will conduct the optional exams between 15th August to 15th September after taking note of the situation. Full Story

2. A big move by the Karnataka government. The government has decided to reserve 1% of seats in all state services exams and posts for transgender candidates. The reservation shall be in each category of General, SC, ST and OBC. If sufficient transgender candidates are not available in a particular category, then the vacant posts or seats shall be filled by the male or female candidates belonging to the same category. Full Story

3. The married man and woman were residing together in a shared household for five years in a live-in relationship. The case is at the interim stage. Whether they were in relation or not shall be deduced by evidence. But Delhi High Court has directed the married man to pay interim maintenance to the woman in a live-in relationship under the protection of the Domestic Violence Act, 2005. Full Story

4. In Rana Ayyub vs the State of UP, the Bombay High Court grants protection to Rana Ayyub for not to be arrested for four weeks. She was charged under sections 153, 153A, 295A, 505 and 120B of the Indian Penal Code for tweeting a muted video of a Muslim man’s beard being chopped by some people. It was alleged that she did not even verify the genuineness of the video before tweeting and giving it a false communal angle. Full Story

19th June, 2021 (Saturday)

1. The Karnataka High Court has denied bail to a person accused of rape and marriage with a minor girl. The High Court said that when it comes to heinous offences like rape, marrying a minor girl, or having intercourse with a minor even with permission, personal laws cannot override general Acts like Protection of Children from Sexual Offences Act, Child Marriage Restraints Act, Indian Penal Code, etc. The court further said that even if an underage girl consents for marriage or sexual intercourse, her consent is immaterial, given her minor age. Full Story

2. The Madras High Court urged the Tamil Nadu Bar Council to use sou motu powers under section 35 of the Advocates’ Act 1961 against lawyers who demean the legal fraternity. The court asked to take action even if no formal complaint is made against such lawyers. Full Story

3. Over eleven hundred class X and class XII students have sought the Supreme Court’s help to cancel the CBSE Class XII compartment, private, and repeaters exams. The students want CBSE to develop a performance evaluation formula similar to the formula CBSE and other education boards have adopted for regular students. Full Story

4. Medha Patkar has approached the Supreme Court pleading to decongest India’s prisons by releasing prisoners above 70 years of age. She hopes the court gives directions to the states, union territories, and high-powered committees to develop a uniform mechanism to put her request into practice. Full Story

18th June, 2021 (Friday)

1. The menace of child pornography can be tackled only if we all initiate to inculcate the right values within, said Madras High Court. Section 43 of the POCSO Act mandates the Union as well as the State government to spread public awareness about the Act, but that is not enough. The system may not be able to catch every offender. Therefore moral education and values can act as a strong tool to curb it. “Bhartiya culture can work as a bulwark.” Bulwark means a defensive wall. Full Story

2. Out of thousands of people in a rally led by Union Home Minister Amit Shah, violating COVID protocols on January 17, 2021, at Belgavi, how can there be only six people without a mask? On what basis the commissioner has said this, asked Chief Justice of Karnataka High Court. The court has directed the commissioner to state the reason that why even a single FIR has not been lodged for violating rules of the Karnataka Epidemic Diseases Act, 2020. Full Story

3. A lawyer from MP, Vijay Singh Yadav, indulges in unethical activity. He was arrested for sending birthday greetings to a lady judge of MP through email and sending a birthday card using her photo taken from her Facebook profile. The court grants bail after giving him a strict warning for not doing so again on a personal bond of Rs. 50,000. Full Story

4. It is just a passage of few days that India is trying to revive after the second wave of COVID. Things are not even properly unlocked. But the overcrowding in markets raises serious concern, says Delhi High Court. The court takes suo motu cognizance of the situation. We are still in the drastic memory of the second wave. Yet people are behaving like this. It is so unfortunate to witness this type of carelessness on the part of people. Full Story

17th June, 2021 (Thursday)

1. Delay in address verification of the accused or if the police require more time to verify the same cannot be said to be a justifiable reason to keep the accused imprisoned even after granting bail. The accused cannot be left to wait till police files verification report in the court, says Supreme Court. Full Story

2. Breaking: The CBSE has informed about the evaluation criteria for the results of class XII students to Supreme Court. The evaluation shall be based on 30% marks from class X, 30% marks from class XI, and 40% marks from class XII. The whole process would be completed in a time-bound manner. Full Story

3. A married woman staying in a live-in relationship can not be given protection, said Allahabad High Court. This is unlawful and can’t be permitted. Article 21 of the Constitution provides liberty and freedom to persons, but that liberty has to be exercised within the ambit of law that applies to them. Such acts can not be supported in a court of law. Full Story

4. The Supreme Court has refused to put a stay on demolition of settlements on forest land in Khori Gaon, Faridabad. The court said that enough time was given to the people/petitioners to vacate and submit their documents for availing rehabilitation scheme. But they failed to do so. Now, unlawful encroachment on forest land will be cleared as per the due process of law. Full Story

16th June, 2021 (Wednesday)

1. Senior Advocate Siddharth Luthra replies to the plea filed by CBI in the Narada case for transferring the case from the Special CBI Court to the High Court on the ground of mobocracy. He said that transfer under section 406-409 of CrPC is to be exercised rarely as it reflects the conduct of a judicial officer and also the judicial system. Full Story

2. It is upon the discretion of the investigation officer or investigating agency to take the accused into custody or not. It is not under the jurisdiction of the High Court. In sexual matters, anticipatory bail can’t be given even if the complainant has a bad history. Such allegations require proper investigation, says Supreme Court. Full Story

3. The custody of a minor ‘husband’ can not be given to his wife (major), said Allahabad High Court. Allowing the same would be an offence under POCSO Act. Such marriage is also voidable as per the Hindu Marriage Act. The court orders the minor boy to stay under the supervision of a state protection home or child care institution until he attains majority. Once he attains the majority, he is free to decide with whom he wants to live. Full Story

4. A father can not shed off from his responsibility and obligations if his son turns major, says Delhi High Court. The court directed the husband/father of the son to give interim maintenance to the wife for her and his son till his graduation completes or he starts earning. An earning mother is equally responsible for taking care of her son economically and morally. But she can’t be burdened with all responsibilities solely. A father has to equally take care of his son. Full Story

15th June, 2021 (Tuesday)

1. Breaking: The CLAT exam for the year 2021 will be held on 23 July 2021. The exam will be conducted in offline mode for both the UG (undergraduate) and PG (post-graduate) programmes across various centres all over India. For the convenience of students in the pandemic, the consortium will try its best to give first and second preference to students for the selection of centre. Full Story (WritingLaw offers MCQ Tests, that is helpful for CLAT too – Rs. 1325) (If you already bought the tests, appear in them.)

2. Breaking: The Supreme Court closes all pending proceedings against two Italian submarines Salvatore Girone and Massimiliano Latorre, after they agreed to pay Rs. 10 crore as compensation to India for killing two Indian fishermen at the Kerala coast. Full Story

3. Right to protest can not be labelled as an act of terrorism under the Unlawful Activities Prevention Act (UAPA) says Delhi High Court in Delhi Riots case. The court found absolutely nothing in the charge sheet. The court also held that mere usage of alarming and hyperbolic words in the charge sheet cannot convince the court. Full Story

4. Karnataka High Court has directed the state government to ensure preventing police officers from disclosing information related to the investigation to the media. It hampers judicial trial. A set code of ethics must be followed by the police officials. The court has directed the state government to frame guidelines for it within four weeks. Full Story

14th June, 2021 (Monday)

1. The Bar Council of India has constituted a seven-member committee to frame the draft of the Advocates Protection Act. It was pleaded that advocates fight for justice of everyone against deadly criminals and social evils. But they do not get any protection against such elements. This Act would ensure protection to lawyers from threats, attacks, etc. Full Story

2. Protection sought by live-in couples are rarely actual or real, says Punjab and Haryana High Court. The majority of the live-in couples consume the court’s time and nothing else. The court also remarked that simply because the couple is living together for few days may not be enough to hold the truth that they are truly in a live-in relationship. Full Story

3. The amount to be paid to different classes of creditors is as per the Insolvency and Bankruptcy Code and on the wisdom of the committee of creditors. A dissenting secured creditor cannot challenge the resolution plan and urge to be paid a higher amount based on security interest held by it over the corporate debtor, says Supreme Court. Full Story

4. Investigation done by a private agency is not equivalent or similar to an investigation done by police, said National Consumer Dispute Redressal Commission. If any unnatural death occurs, an entry made in the daily diary (DD) of the Police station, the inquiry is conducted, post mortem is done, and a private agency can not do that. The commission imposed a cost of Rs. 1 lakh on the insurance company for harassing the policyholder. Full Story

12th June, 2021 (Saturday)

1. Whether a person who is on bail has the right to go abroad for work, business or employment? The Kerala High Court answered the question that to follow and ensure legal procedures, the right of the accused to carry occupation or business can not be curtailed. If the personal attendance of the accused is not necessary, then the court can dispense (deal out) with his attendance. Full Story

2. Article 227 of the Constitution is forum-neutral, says Madras High Court. It does not make any difference between a civil and criminal court. The power to quash proceedings that lie under Article 227 applies to civil as well as criminal matters. It is even maintainable against domestic violence proceedings. Full Story

3. Even if the family of the victim and accused settles the matter amicably, the court can not quash the FIR in heinous offences, said Bombay High Court. Some offences are private, but a case involving public trafficking, rape, dacoity etc. involves public interest and speaking. Such cases cant be resolved outside the court. It requires the state to intervene and decide as per settled law. Full Story

4. After coming of the Uttar Pradesh Prohibition of Unlawful Conversion of Religious Ordinance, 2020, a woman, after being in a wilful physical relationship for four years, suddenly get aware of her rights. She alleges being forcefully raped and compelled to change her religion by the accused. The Allahabad High Court observed it strange and noted that she did not have any problem with the accused before the ordinance. After considering the matter as a whole, the court granted bail to the accused on certain conditions. Full Story

11th June, 2021 (Friday)

1. Breaking: Supreme Court directs all states to implement the “One Nation One Ration card scheme” while hearing the Suo Moto Migrant Workers case. The court highlighted the economic impact of the COVID-19 pandemic. The situation is far direr than the last year. Immediate actions are need of the hour. Full Story

2. Being part of a system for 30 years, it is shocking that now you don’t trust the functioning of your state anymore, says Supreme Court to the expelled commissioner of Maharashtra, Parambir Singh. There is a saying, “People in glass houses should not throw stones.” Full Story

3. Delhi Court has extended the judicial custody of wrestler Sushil Kumar till June 25, 2021, in the Chhatrasal Stadium murder case. The court said that the importance of initial days of investigation to unfold the truth must be careful. The court needs to ensure the right balance between the rights of the accused and fair investigation. Full Story

4. To protect the inter-religious couple, conversion of girl to Islam is not a relevant fact unless the conversion was forceful, said Allahabad High Court. If the couple is major, they can live together with free will. They don’t even need to prove their marriage. If the couple is major, they have a right to live peacefully without any interference. Full Story

5. Supreme Court has ordered the All India Institute of Medical Sciences (AIIMS) to postpone the INI CET exam, which was scheduled for June 16, 2021. Many students were working at far places during the pandemic. Therefore it would be arbitrary if students do not get enough time to prepare for the exams. Full Story

10th June, 2021 (Thursday)

1. It is necessary to conduct end-term exams in law colleges and universities, said Bar Council of India. The universities are left free to decide the mode of examination as they deem fit. And also, to ensure strict measures of COVID-19 and to avoid inconvenience to students, a sufficient gap can be created between regular and backlog exams. Full Story Law PDFs and MCQ Tests that may be useful.

2. Delhi court denies plea of wrestler Sushil Kumar for special diet in jail. Law is equal for everyone. It does not discriminate based on religion, race, class, caste etc., says Supreme Court. No special privilege can be given to the petitioner. The special food and supplements do not come under necessity. “Law should be equal to all, like should be treated alike.” Full Story

3. Live-in relationship between persons one being married and other unmarried is not permissible, said Rajasthan High Court. Such a couple can’t be given protection under Article 21 of the Constitution. The relationship is adulterous, for which the second petitioner can be prosecuted. The prerequisite to be in a live-in relationship was observed by the Supreme Court in D. Velusamy vs D. Patchaiammal (2010). Full Story

4. It’s been more than a decade since the charge sheet has not been filed in heinous criminal cases, said Calcutta High Court. Around 999 cases are pending in which investigation and filing of charge sheet are pending. The court took suo moto cognizance for delayed investigation in criminal cases. Delay in filing of charge sheet does not reflect well on the investigation agency. Full Story

9th June, 2021 (Wednesday)

1. It is our fundamental duty to preserve rich cultural heritage, says Madras High Court. The court stressed the fact that temple lands must always remain with temples and should not be alienated against the wish of donors. Some temples are more than 2000 years old and are listed under UNESCO as heritage sites. Public purpose theory (for the interest of the community) shall not be applicable on temple lands. Full Story

2. Fraudulent caste certificates deprive the right and benefits of actual genuine persons who are in need. Bombay High Court cancelled the caste certificate of Navneet Kaur Rana, MP Amravati. The court also imposed a cost of Rs. 2 lakh on Rana to pay to the Maharashtra Legal Services Authority and gave her six weeks to surrender her certificate. Full Story

3. It is only in India that things are liberal when it comes to health. A plea was filed to seek anticipatory bail in the offence of adulteration of food. Justice shah denied anticipatory bail and directed the petitioner to move for regular bail. The court also remarked to the petitioner that “Would you and your family eat that grain? The court even denied giving protection for 4 weeks to apply for regular bail sought by the petitioner’s advocate. Full Story

4. Homeopathy can also be a way forward in treating patients of COVID-19, said Kerala High Court. A qualified homeopathic doctor can prescribe immunity boosters or tablets as per the notification issued by the government. The same matter was challenged in the Supreme Court. The Supreme Court said that, Yes, a qualified doctor can prescribe medicine for curing, but no claim for cure can be made in homoeopathy as per guidelines issued by the Ministry of AYUSH. Full Story

8th June, 2021 (Tuesday)

1. The Supreme Court has given directions to state governments and union territories to make sure that the education of children does not get affected who have become orphans or lost one of their parents during the pandemic. Their studies must be continued. If children are studying in government schools, they should be permitted to continue. If studying in private schools then at least for six months till some other arrangements are made. Full Story

2. To adopt a child orphaned by COVID can’t be permitted contrary to the provisions of the Juvenile Justice Act, 2015. It is directed to the state government that if any NGO is found in illegal adoptions, then stringent actions shall be taken against them, said Supreme Court. The court emphasized on wide publicity of provisions of the Act and welfare schemes of the government. Full Story

3. The Prime Minister of India announces free vaccination for the age group 18-44 years. It is the result of judicial scrutiny by the Supreme Court in the suo moto case on COVID issues. The court harshly criticised the dual pricing of vaccines and exclusion of the age group 18-44 years from free vaccination. It is the power of judicial review. The court can’t be a mute spectator when the executive’s policy is not reasonable and appropriate. Full Story

4. The Madras High Court imposed a cost of rupees ten thousand on a man as compensation for abusing and threatening a police officer on duty. During the pandemic, the police officers are working under severe stress. Therefore the court will not tolerate if any person abuses police on duty. Full Story

5. If multiple complaints have been filed against the same accused by different individuals in different police stations, then a common charge sheet can’t be filed. The court directed the Investigating Officer to file a separate charge sheet for different complaints. The common charge sheet in multiple crimes is impermissible (not permitted or allowed). Full Story

7th June, 2021 (Monday)

1. Homosexuality is often viewed with a sexual connotation, which means a relationship confined only to sex. But it is not so, observed Madras High Court. The judge himself undergoes psycho-educative sessions to understand the LGBT notions and issues. It is necessary to break preconceived notions. Ignorance is no justification to normalize any form of discrimination. Full Story

2. Extremely important: The Supreme Court e-Committee has released the model draft of rules for live streaming of proceedings. The committee headed by Justice DY Chandrachud says that “Right to access to justice includes Right to access live streaming of proceedings.” Full Story

2A. The rules for live streaming have been framed aiming at greater transparency. The key features of it are that there shall be no live streaming of personal matters like marriage, rape, divorce, etc. Any personal information of parties may either be deleted or muted. The streaming shall run with a delay of 10 minutes. The streaming may be restricted to final arguments in some cases. The content of the proceedings shall be posted within three days of proceedings. Full Story

3. After denied protection by the Punjab and Haryana High Court, the Supreme Court orders Punjab police to grant protection to the live-in couple. The Supreme Court said that the petition demands protection of life to the couple and it can’t be denied else it will be a violation of Article 21 of the Constitution. Full Story

4. Marriage with the minor is voidable under Hindu Marriage Act and determines parents as the natural guardian of the minor married girl. But if the couple chooses their partner against the wishes of their parents and the minor girl marries on her own will, then as per section 25 of the Guardians and Wards Act, the welfare of the ward is important. Husband shall be the natural guardian of the minor Hindu married girl in such a case. Full Story

5th June, 2021 (Saturday)

1. The platform of the Indian Medical Association is for the welfare of doctors. It should not be used to propagate personal religious views, said Delhi District court. One should be responsible and cautious while speaking on any public platform. The promotion of religion by an institution strikes on the secular nature of the Constitution. Full Story

2. The Domestic Violence Act, 2005 is a special law. Temporary custody of children can be dealt with under section 21 of the Domestic Violence Act itself, said Karnataka High Court. The Act works as an intermediary between Hindu Marriage Act, Hindu Guardianship Act and so on. It is a law to promote the institution of family. Full Story

3. A plea has been filed against Cashgrail Private Limited who owns an application named “Ludo Supreme.” It is alleged that the game is all about luck or chance and not a skill. It is gambling. Bombay High Court has asked the Maharashtra government to take action on it. Full Story

4. Last notice to Twitter by the Central government. The notice immediately urges Twitter to comply with the Information Technology Rules, 2021. If Twitter fails to comply with it, then it will result in the withdrawal of its protection as an intermediary. It is a final warning to Twitter by the Centre. Full Story

4th June, 2021 (Friday)

1. Supreme Court dismisses petition challenging pre-arrest bail to TV journalist Varun Hiremath by the Delhi High Court in a rape case. The court said we are deciding the question of bail and not the complete matter. If a man and woman are in a room, that man makes a request, and the woman complies with it, do we need to say anything more at this stage. Full Story

2. Breaking: Juhi Chawla’s civil suit against 5G is false and vexatious, said Supreme Court. It was observed that the civil suit was filed for gaining publicity. The court has also imposed a heavy cost of Rs. 20 lacs on the petitioner and declared the suit as defective. Full Story

3. No person is conferred with a fundamental right to degrade other religions. Article 25 of the Constitution gives freedom to practice, propagate and profess any religion of choice but not to degrade or say ill words for other religions, said Karnataka High Court. Full Story

4. Asaram Bapu’s (life convict in sexual assault case) sentence has been suspended by the Supreme Court for medical treatment. Asaram prayed and urged the court to be cured by Ayurvedic treatment as he believes that every disease can be cured by Ayurveda and Yoga. Full Story

3rd June, 2021 (Thursday)

1. The Supreme Court quashes FIR against journalist Vinod Dua. The court says every citizen has the right to fairly criticise the policies and actions of the government. But such criticism must not be intended to incite people against the government or create public disorder. Full Story

2. For the contempt of court, it must be established that the disobedience of the order by the contemnor is ‘wilful’. It means the contempt must be intentional and with full knowledge of the consequences. It does not include any act done negligently or involuntarily, says Supreme Court. Full Story

3. In a person’s identity, the name is an important aspect, says Supreme Court. The court has issued guidelines and directed the CBSE board to work on the applications filed for correction or name change. The CBSE documents play an important role in a student’s life. Therefore the document must be absolutely correct. Full Story

4. The bail application of a juvenile under section 12 of the Juvenile Justice Act must be decided after considering the Social Investigation Report of the child submitted by the Probation Officer and not solely on the basis of a report filed by the Investigating Officer under section 173 of the Criminal Procedure Code, said Punjab and Haryana High Court. Full Story

2nd June, 2021 (Wednesday)

1. After H.L. Dattu, former judge of the Supreme Court, Justice Arun Kumar Mishra has been appointed as the Chairperson of the National Human Rights Commission. He was recommended by the panel comprising of Prime Minister, Deputy Chairman of Rajya Sabha, Home Minister, Lok Sabha Speaker, and leader of the opposition party in the Rajya Sabha. Full Story

2. In view of the COVID-19 situation across the country and keeping the health and safety of children in priority, the Central government has cancelled class XII board exams for the year 2021. The results will be based on well-defined objective criteria said centre. Full Story

3. At the appellate stage of a representative suit under Order 1 Rule 8 of the Civil Procedure Code, the publication of notice is not mandatory. There is no such mandate in the Code, which requires publication under Order 1 Rule 8 at every stage of the proceedings, says Supreme Court. Full Story

4. In a patriarchal society, it is easy to question on character of a woman. The Punjab and Haryana High Court granted custody of the child to her mother and expressed its opinion that the extra-marital affair of a woman does not make her a bad mother. Full Story

5. The policy of no free vaccines for the age group 18-44 by the centre is arbitrary and irrational, said Supreme Court. The court has directed the Central government to review its policy, keeping in mind the necessity to vaccinate this age group as they have been affected badly in the second wave of Coronavirus. Full Story

1st June, 2021 (Tuesday)

1. Breaking: After a key meeting, Prime Minister Narendra Modi with officials and cabinet ministers, decided to cancel the class 12th CBSE exams! Here is a timeline of events and the official PDF. Update: CISCE has cancelled ISC 12th Board Exams 2021 too. Full Story

2. Due to frivolous cases, the matters relating to national importance get ignored unfortunately. During the vacations, 95% of the cases brought before the vacation bench are frivolous, said Justice Chandrachud, concerning the valuable and precious time of the judiciary. Full Story

3. Indian Union Muslim League challenges notification issued by the centre. The notification allows minorities of Afganistan, Pakistan, and Bangladesh to apply for Indian citizenship. Full Story

4. CBI asks for the transfer of the case to another court for trial. It says that bail granted to four TMC leaders in the Narada case by the 5-judge bench of the Calcutta High Court was due to mob pressure. Solicitor General stated that bias is not due to the judge’s prejudice but due to fear created by people gathered outside the court. Full Story

5. The government of Delhi amends Delhi Excise Rules, 2010. The amendment allows delivery of liquor to home or residential areas, excluding hostels, offices, or institutions. The liquor can be ordered through mobile application or online web portal. Full Story

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