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19th January, 2021 (Tuesday)

1. The Constitutional validity of Sections 3, 4 and 10 of the Insolvency and Bankruptcy Code (Amendment) Act 2020 was upheld by the Supreme Court. The petitioners have challenged the additional conditions imposed on homebuyers as ‘arbitrary and discriminatory’ amounting to ‘illegal classification’. Full Story

2. Petition filed by Father Thomas Kattoor has been admitted by the High Court of Kerala. He has filed the petition challenging the conviction and sentence in the Sister Abhaya’s murder case of 1992. The Court has also issued a notice to the CBI. Full Story

3. While hearing a petition filed by a group of Advocates challenging the High Court of Delhi’s order regarding the resumption of physical hearing in certain courts, the Chief Justice of India stated that- “we see the gravity of the problem.” The Chief Justice of India also stated that the Supreme Court would not interfere in the administrative decisions that are taken by the Chief Justice of the High Court. Full Story

4. A woman named Huma Hashim, has filed a petition in the Court as she was given Triple Talaq by her husband. He gave Triple Talaq after she allegedly did not give birth to a son. Further, her husband has denied providing an allowance for maintenance to her. Full Story

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18th January, 2021 (Monday)

1. FIR against the new web series Tandav has been filed before the Hazratganj Polic Station, Lucknow. The police have started the investigation. Full Story

2. The High Court of Delhi observed that all platforms share data; it’s not just WhatsApp. The observation was made while hearing a PIL that was filed looking for directions to the Central Government to frame guidelines regarding WhatsApp sharing data with Facebook and other third parties. Full Story

3. Women Advocates have filed a petition before the Supreme Court challenging the decision of the High Court of Delhi which ordered to resume the physical hearing of cases in Delhi. Full Story

4. “Criticism of city police by TV media was unfair, in view of the material placed on record. The city police were at the very basic stage of the probe” – the High Court of Bombay said while upholding that the media coverage that was done by Republic TV and Times Now against Mumbai police in the case related to the death of late actor Sushant Singh Rajput is prima facie contemptuous. “We would like media not to cross boundaries,” the bench had observed. If you become the investigator, prosecutor, and the judge, what is the use of us? Why are we here! “If you are so interested in unearthing the truth, you should have looked at the CrPC! Ignorance of law is no excuse”. Full Story

16th January, 2021 (Saturday)

1. Four Advocates have moved to the Supreme Court challenging the Delhi High Court’s decision for the resumption of physical hearings before itself and other subordinate courts in Delhi from January 18. The Advocates claimed that the Court has decided without giving a choice of appearing through a virtual mode to a lawyer. Full Story

2. A petition has been filed in the Bombay High Court by activist Saket S Gokhale against the Drugs Controller General of India. He stated in the petition that as the vaccinations in India are going to begin from January 16, safety and effectiveness trial results of Covid-19 vaccine of Bharat Biotech “Covaxin” shall be made public. He also stated that the vaccine is still in phase 3 of the clinical trial. Hence, there remains a great possibility of harm to the life of members of the general public that are being administered this vaccine. Full Story

3. The High Court of Bombay has issued a notice to the petition filed by Assistant Commissioner of Central Goods and Services Tax (CGST). The petition was filed requesting to impose service tax on an Advocate. The matter is listed to be heard on March 15, 2020. Full Story

4. Protection from arrest has been granted to Neeraj Kishor Mishra by the High Court of Allahabad. Neeraj Kishor said that the Uttar Pradesh Chief Minister Yogi Adityanath is a man of thick skin while protesting against the Hathras gangrape case. The order reads as- “Till the next date of listing or till the submission of Police report under Section 173 (2) Cr.P.C., whichever is earlier, the Petitioner shall not be arrested in impugned first information report dated December 11, 2020, registered as Case Crime No.368 of 2020, under Sections 153-B (2), 505 (2) I.P.C., subject to petitioner’s co-operation in the investigation.” Full Story

15th January, 2021 (Friday)

1. The High Court of Delhi seeks response from the Centre and RBI on a PIL that was filed requesting to regulate online lending platforms. The petition stated that such lending platforms charge unreasonable interests on the loans given by them. Full Story

2. A Lucknow Bench of the Allahabad High Court has directed the Amethi police to take no violent action against an interfaith couple under the newly declared anti-conversion ordinance. The couple has filed a petition claiming harassment by the local police under the provisions of the U.P. Prohibition of Unlawful Religious Conversion Ordinance, 2020. Full Story

3. Justice Pratibha Singh has declined from hearing a petition that was filed challenging the new privacy policy of WhatsApp. She directed that the case shall be treated as a PIL. And, also asked it to be listed on a different bench for hearing on Monday. Full Story

4. To know about the exact cause of the death of a pregnant lady who died in April 2020, the High Court of Calcutta has directed a second post-mortem on her body last month. “(She) was a citizen of India…She may not have belonged to the entitled class. Her family may not have been empowered or even well off to provide the basic amenities that she needed as a would-be mother. At least, in death, (she) is entitled to some dignity as every citizen blessed by our glorious Constitution deserves.”– the Court observed. Full Story

5. The High Court of Delhi has directed the Medical Superintendent of LNJP Hospital, to constitute a medical board consisting of a gynaecologist and a psychiatrist to assess the minor rape victim both “physically” and “psychologically”. The Court ordered the board to give their opinion about the medical termination of the pregnancy and to submit its report by January 18, 2021. Full Story

14th January, 2021 (Thursday)

1. Yesterday, the Union of India, State and Union Territories are directed to reopen the Anganwadi centres situated outside the containment zones. The Supreme Court directed them to reopen the Anganwadi centres to provide nutritional support to children, pregnant women and lactating mothers as per the statutory requirements of the National Food Security Act, 2013. Full Story

2. The Supreme Court observed that a ‘consent’ is not a defence against the charge of kidnapping a minor. This observation was made while disposing of an appeal that was filed by an Anversinh. Anversinh’s conviction was upheld by the High Court of Gujarat under section 363 and section 366 of the Indian Penal Code. Full Story

3. A plea challenging the new privacy policy of WhatsApp has been filed before the High Court of Delhi. The petitioner alleged that the new Privacy Policy of WhatsApp is violative of the Right to Privacy as provided under Part III of the Indian Constitution. Full Story

4. In Arif Khan vs Branch Manager Mahindra Finance Sultanpur and another, the High Court of Allahabad held that the writ of mandamus cannot be issued to a private body, Mahindra. And also it does not fall within the scope of Article 12 of the Indian Constitution. Full Story

13th January, 2021 (Wednesday)

1. On January 11, 2021, the Supreme Court in a judgment observed that the ground that allegations of fraud are not arbitrable is a wholly archaic view. It has become obsolete and deserves to be discarded. Full Story

2. More than 500 members of the Supreme Court Bar Association (SCBA) have given representation to Chief Justice of India S.A. Bobde, requesting him to resume the physical hearings along with virtual hearings during the COVID-19 epidemic as they are facing various problems in the virtual court hearings. Full Story

3. The Supreme Court has issued a notice for clarification on Centre’s application that its 2018 decision decriminalising adultery under the Indian Penal Code should not apply to the Armed Forces. The central government wants to permit the dismissal of those in the military who have sex with colleagues wives. Full Story

12th January, 2021 (Tuesday)

1. The petitions filed by the CEO of Life Mission Project of Kerala Government and Santhosh Eappen, the MD of the contractor company has been dismissed by the High Court of Kerala. The petition was filed challenging the CBI probe into the case related to alleged corruption and FEMA violations in the construction of apartments for the homeless in Wadakkanchery as part of the LIFE Mission project. The Court, however, also said that the criminal liability of non-political actors in the case cannot be extended to the state’s political executive only because the offence was committed while executing the government’s policy decision. Full Story

2. The Supreme Court has formed a four-member Committee with the object to hold a conversation between the Central Government and the farmers to resolve the protests over the three contentious farm laws. All the four members of the Committee have expressed their open views favouring the implementation of farm laws. Full Story

3. The High Court of Orissa has dismissed a batch of PILs on January 7, 2021. The PILs were filed requesting to waive the school fees imposed by the private unaided schools in the State due to COVID-19 pandemic. Full Story

11th January, 2021 (Monday)

1. Hearing on the petition filed by Buffalo Traders Welfare Association has been adjourned by the Supreme Court today. The petition was filed challenging the constitutionality of notifications of 2017, which allowed the authorities to seize the vehicles that are used in cattle transportation and also to send the animals to Gaushala. Full Story

2. The Supreme Court has set aside the High Court of Kerala’s decision which held that appointments to the post of Munsiff-Magistrate in the state’s judicial service might be beyond the number of potential vacancies advertised in the applications received by notification. Full Story

3. The Bar Council of India’s (BCI) decision to cancel the one-year LLM program and derail the foreign LLM has been challenged before the Supreme Court. Full Story

9th January, 2021 (Saturday)

1. An affidavit in a plea against the farmer’s protest has been filed in the Supreme Court. The petitioners in the affidavit stated that if the farmers are not removed from the borders, it will cause hardships to the people. And, along with this it also opposes the Judgement of Supreme Court in Shaheen Bagh case. Full Story

2. A PIL has been filed in the High Court of Madhya Pradesh challenging the Central Government’s decision to use tax obtained from the sale of petrol and diesel in other items. Full Story

3. The National Consumer Disputes Redressal Commission (NCDRC) stated that if the bank is unable to prove that the fraudulent transaction has taken place due to account holder’s fault, the concerned bank will be held liable for the loss and not the consumer. Full Story

4. A PIL requesting to occupy the half of the total 53 posts of Judges has been dismissed by the High Court of Madhya Pradesh. The Court stated that the appointment of new judges is in process and it can not be interfered at present. Full Story

8th January, 2021 (Friday)

1. The Supreme Court has issued a notice on the petition that was filed asking for the appointment of full-term Chairman, Vice-Chairman, and other members of the National Commissions for Scheduled Castes and Scheduled Tribes under Article 338 of the Constitution. The Peoples Charioteer Organisation had filed the petition. Full Story

2. On January 6, 2021, the High Court of Allahabad has stated that no one can disturb the lives of two adults, who live together voluntarily. The Court also observed that “the Court has repeatedly held that where the two individuals having attained the age of majority, are living together, nobody is entitled to interfere in their peaceful life.” Full Story

3. The High Court of Delhi has issued notice to several social media organizations and media houses in a PIL for the disclosure of the identity of the victim of the Hathras gangrape case. Full Story

7th January, 2021 (Thursday)

1. While setting free a man, Abdul Rahoof, who was convicted in a criminal case, the High Court of Kerala observed that society must reform a person if he commits a small theft. The Trial Court had earlier convicted the accused and punished him with rigorous imprisonment for three years and a fine of Rs 1000. Full Story

2. A writ petition that was filed challenging the constitutional validity of the various provisions of the Central Goods Service Tax Act, 2017 has been refused by the Supreme Court to be entertained. The Bench headed by DY Chandrachud stated that “We are of the view that it would be appropriate to relegate the petitioner to the remedy of a petition under Article 226 so that this Court has the benefit of the considered view of the jurisdictional High Court”. Full Story

3. Yesterday the High Court of Allahabad has dismissed a PIL that was filed asking to ban the TV serial Namak Ishq Ka. The following observation was made while listening to a petition filed by Cultural Quest through its secretary Surbhi Singh. The object behind requesting the serial to ban is that it violates the provisions of Cinematograph Act, 1952. Full Story

6th January, 2021 (Wednesday)

1. The Bar Council of India has abolished the one-year master degree programme in law (LLM) course in India from the upcoming academic session. A new entrance test named Post Graduate Common Entrance Test in Law (PGCETL) for the admissions in masters legal programmes have also been introduced by the BCI. In addition to this, BCI also stated that only LLB students will be allowed to appear for the LLM entrance examinations. Full Story

2. On January 4, 2021, the Supreme Court has issued a notice on the petitions that were filed challenging the laws made by Uttar Pradesh and Uttarakhand against religious conversion for marriages in the name of the ‘love jihad’. Full Story

3. A man who was punished with death in a dacoity with murder case has been discharged by the Supreme Court today. Hari Om with 5 others was convicted for murdering a woman and her three children (two of them were minors). The court observed that there is not enough material on record to convict Hari Om for the offence under Section 396 IPC, and he should be entitled to the benefit of the doubt. Full Story

4. The Delhi High Court has granted anticipatory bail to a man who was charged for committing rape with a woman on the false excuse of marriage, including offences under IPC and the SC/ST Act. Full Story

5th January, 2021 (Tuesday)

1. It has been held by the High Court of Lahore that two-finger test and the hymen test that is done to know the virginity of female rape or sexual abuse victim is unconstitutional. The Court stated that such tests are unscientific. It has no medical basis, and it also violates the personal dignity of the female victim. The Lahore court also referred to Indian Supreme Court’s verdict of Rajesh & AND vs State of Haryana. In this our Supreme Court had said that two-finger test and its interpretation violates right to privacy, physical and mental integrity, and dignity of the rape survivors. Full Story

2. Justice Pankaj Mithal has taken oath as the 34th Chief Justice of the High Court of Jammu & Kashmir on January 4, 2021. Lieutenant Governor Manoj Sinha administered him the oath of office at the Convention Centre, Jammu. Full Story

3. The manufacturers of Dhathri Hair Cream and film actor Anoop Menon are ordered to pay compensation of Rs 10,000 to each consumer for making false promises. The actor Anoop Menon has represented the product in an advertisement without even knowing its effectiveness. Full Story

4. The Supreme Court has postponed the hearing for the petition filed by Advocate Shashank Shekhar Jha requesting for CBI / NIA probe into the mysterious death of Devendra Nath Ray, BJP MLA of West Bengal who hung from a tree on July 13, 2020. A three-judge bench of Justices Ashok Bhushan, R. Subhash Reddy and M.R. Shah has asked the petitioner to file rejoinder within two weeks. Full Story

4th January, 2021 (Monday)

1. A writ petition has been filed before the High Court of Delhi requesting to implement section 436 A of CrPC for release of those under trial prisoners who are still going under the trial and have also spent half of their maximum sentence. Section 436 A of CrPC provides for the maximum period for which an under-trial prisoner can be detained. Full Story

2. While setting aside the order passed by Special NIA Court Kochi that granted bail to Thwaha Fasal in a UAPA case for alleged Maoist links, the High Court of Kerala observed that individual rights should subserve (help to further or promote) the national interest. Full Story

3. A PIL has been filed in the Supreme Court requesting to inquire into Police excesses and illegal detention of protesting farmers near Delhi borders. The letter is written by 35 students of the Punjab University. The letter mentions that the Government of India has committed vindictive, atrocious and unconstitutional abuse of power to corrupt the constitutional rights of farmers to protest in peace. Full Story

4. The Bihar Government is asked to pay Rs 10 lakh as compensation by the High Court of Patna. The compensation is to be paid for the case wherein the passerby was killed during a police encounter. The compensation is to be paid within the four weeks. The Court also ordered that if the government fails to pay the compensation within the time given then they will have to pay the amount with 24 percent interest. Full Story

2nd January, 2021 (Saturday)

1. The High Court of Patna has decided to start working in physical mode on an experimental basis for two weeks from January 4, 2021 to January 15, 2021. Registrar General of the High Court had issued the Notice on the order of the Chief Justice. The Notice was issued on December 29, 2020. Full Story

2. The High Court of Delhi has held that the opinion of private or other government doctors, which is contrary to the doctors of the armed or police forces, cannot be accepted to determine the medical fitness of the police force aspirant. Full Story

3. A PIL has been filed in the High Court of Delhi looking for directions to the Unique Identification Authority of India (UIDAI) and the Reserve Bank of India to take action against Google Pay claiming that it has unauthorized access to the Aadhaar data. And, it also stores the data which is contradictory to the rules. The bench has listed the matter for further hearing on January 14. Full Story

4. The High Court of Himachal Pradesh has stated that any writ petition should not be entertained ignoring the statutory dispensation. Full Story

1st January, 2021 (Friday)

1. It has been observed by the Supreme Court that the husband’s relatives cannot be accused of an offence under Muslim Women (Protection of Rights on Marriage) Act. Following observation was made while hearing a case in which the mother in law of the complainant was accused under the provisions of Section 498-A read with Section 34 of the Indian Penal Code and the Muslim Women Act. Full Story

2. The Central Information Commission has observed that an RTI application cannot be rejected just for not incorporating proof of identity of the applicant. The Commission also observed that the authority can demand such proof only in such rarest cases where there is doubt on the applicant’s citizenship status. Full Story

3. The rule that the Kerala Government brought to regulate the sale of other State’s lotteries has been dismissed by the High Court of Kerala. It has been dismissed on the ground that the state government lacks such a power under the Lotteries (Regulation) Act, 1998. The decision has been delivered as a reply in a writ petition filed by an agent selling lottery of the State of Nagaland in Kerala. Full Story

4. Yesterday, Kerala’s Legislative Assembly passed an unanimous resolution requesting the Central Government to take immediate steps to repeal the three argumentative farm laws against which several groups of farmers are holding protests. Though BJP’s only MLA in the 140-member house, O Rajagopal, verbally opposed some comments in the resolution brought by the Left Front government during the discussion, he refrained from voting. Full Story

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