May 2021 - Law News for Students and Advocates


31st May, 2021 (Monday)

1. In Re Distribution of Essential Services and Supplies During Pandemic, the Supreme Court questions centre on dual pricing of covid vaccines. It is not only the centre which knows what is right! Does the centre want states to compete with each other? The Court inquires about rationality that why fixing price for more than 50% of vaccines is left to manufacturers. Full Story

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2. I decided to accept judgeship on the advice of my mentor Soli Sorabjee and to date, I have no regret for that. “The ultimate belief of the Guru who leads you from darkness to light is that those who follow in his footprints, in the sands of time, will better or excel him and his art,” said J. Chandrachud at a memorial organized in remembrance of Soli Sorabjee. Full Story

3. The High Court is a Court of record under Article 215 of the Constitution and on account of that can review its own judgments under Article 226 of the Constitution, said Kerala High Court. Due to suppression of material facts, the Court can review the judgment, if circumstances so warrant. Full Story

4. Justice Chandrachud makes a sarcastic comment during the hearing of suo motu case related to COVID-19 management. He remarked, “I don’t know if a sedition case has been filed against the channel for showing dead being thrown in the river or not.” Full Story

4A. Supreme Court stays coercive action against Telugu channels TV5 and ABN Andhra Jyoti for publishing statement of MP Raghu Rama Krishnam Raju under charges of sedition. The Court said that time has come to define the limits of the offence of sedition under section 124A of the Indian Penal Code. Full Story

29th May, 2021 (Saturday)

1. Examination of an accused person under section 313 of the Criminal Procedure Code is not just a formality but a matter of fair and just procedure. It is the duty of the trial court to question the accused fairly and with caution, says Supreme Court. Full Story

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2. The phrase ‘soon before’ embodied under section 304B of the Indian Penal Code does not mean ‘immediately before.’ There must be some proximate link between the dowry death and harassment by the husband or his relatives. There can’t be any straitjacket formula for interpreting the phrase ‘soon before.’ Take a look at the guidelines issued by the Supreme Court. Guidelines and Full Story

3. Breaking: Mani Lal Patidar, an IPS officer of Mahoba, UP, is missing! Since November 2020, his whereabouts are not known. The Allahabad High Court has asked the UP government to file its reply in Habeas writ petition. He was a high-rank officer who had been doing operations against mining mafias. His missing is a serious concern for the whole administration. Full Story

4. Centre amends notary rules. As per Notaries (Amendment) Rules, 2021, a legal practitioner with ‘benchmark disability’ who has been in practice for seven years or more is eligible to apply as a Notary. It means a person with not less than 40% of the specified disability as certified by the certifying authority. Full Story

28th May, 2021 (Friday)

1. Breaking: The larger Bench constituted to hear the Narada case has granted interim bail to the four TMC leaders. Till now, they were under house arrest. The five-judge Bench has also imposed conditions on them to not give any statement in press/media till the trial is pending. Full Story

2. Without any reasonable cause or justification, delay in conclusion of trial infringes Article 21. Right to fair and expeditious trial flows from Article 21, said Punjab and Haryana High Court. Rules of procedures are the handmaids of justice, and undue delay on the part of agencies in the investigation to apprise (inform) the court is not good. Full Story

3. The Supreme Court shows concern for the children who have lost their parents in the second wave of COVID after March 2020. The court has directed district authorities under Juvenile Justice Act to upload all orphan child’s information so that they can be looked after and their basic needs can be attended. Full Story

4. The Supreme Court says that the power of the High Court or Sessions Court to grant anticipatory bail under section 438 of the Criminal Procedure Code is liberal but can be used only in exceptional circumstances. There may be a reason to protect the person apprehending arrest for some time; the court can take note of that. The only concern is that the order of the court must be a reasonable one. Full Story

27th May, 2021 (Thursday)

1. The Allahabad High Court in Sahil vs State of UP said that police authorities must timely provide instructions to the Government Pleader in the matter of bail application. Delay in it violates the constitutional safeguard of the accused to have his bail plea heard in a reasonable time. Full Story

2. After being denied by a widow for sexual favours sought by official members of the Central Investigation Agency, they falsely made an FIR against her COVID suffering son under NDPS Act. Punjab and Haryana High Court orders the DGP to form a three women-member SIT (Special Investigation Team) to investigate and unfold the truth. It will be shameful for the Police department if it turns out to be true. What can be worse than a protector of law turning into a predator? Full Story

3. The five-judge bench of the Calcutta High Court, after hearing arguments and assertions from both sides, has decided to hear the recall application of bail in the Narada case on 28 May. The Advocate General took support of Article 226(3) of the Constitution, which states that application seeking vacation of ex-parte stay must be decided within 14 days. So there can’t be a delay in deciding the recall application. Full Story

4. WhatsApp challenges traceability clause under Information Technology Rules, 2021 in Delhi High Court. It contends that such a rule breaks end-to-end encryption in messaging services. Anytime, at the government’s request, the WhatsApp authorities will be forced to trace the original sender of the message. It violates the privacy principle, WhatsApp said. Full Story

26th May, 2021 (Wednesday)

1. The Session Court of Goa cites reasons for acquitting Tarun Tejpal, Tehelka magazine editor-in-chief, in the 2013 rape case. The court observed that there was a delay in the investigation. Crucial aspects of the case were not inspected properly by the Investigating Officer. Material contradiction has been found in what the prosecution said and what played on screen in the court. Therefore accused got the benefit of the doubt. Full Story

2. Breaking: Subodh Kumar Jaiswal, IPS officer Maharashtra (1985 batch) and Chief of CISF takes charge as Director of Central Bureau of Investigation for the period of 2 years from the date of joining the office. Full Story

3. Very Important: The fundamental right to life under Article 21 of the Constitution of “Van Gujjars” (forest dwellers) in Uttarakhand is violated. Their standard of living is below animal existence observed the Uttarakhand High Court. The court has directed the administration to make immediate arrangements for them. Full Story

4. Big news for advocates by the Delhi High Court! The lawyers, from now on, won’t be restricted movement by any person of any concerned authority. If any person restricts, then strict action will be taken against him. Lawyers do not need to show e-pass. If a lawyer produces his identity card of the bar, then he shall not be humiliated or restricted without cause. Full Story

25th May, 2021 (Tuesday)

1. The dead bodies affected by Corona have been found on the shore of River Ganga in the Buxar district of Bihar. A PIL (Public Interest Litigation) has been filed for the same in Patna High Court by a law student. The PIL seeks immediate formation of the Special Investigation Team to investigate the matter. Full Story

2. Breaking: The CBI has withdrawn its appeal against the house arrest of TMC leaders in the Narada case in the Supreme Court. While hearing the appeal filed by the CBI, the Supreme Court said that “Liberty of a person is the first thing to be seen.” Full Story

3. The Allahabad High Court has quashed UP government order which gave preference to self-help groups in allotment of fair price shops by excluding other categories of persons. The Court stated that “Let no one die of hunger.” The right to food is inherent in Article 21 of the Constitution. Full Story

4. Important: It is necessary to have Common National Database for all unorganized workers who are working without registration in different states. The Supreme Court has given directions to the centre as well as state government to complete the registration process of unorganized workers soon. Once it is done, they can avail various schemes of the government. Full Story

24th May, 2021 (Monday)

1. The aspirants of the UPSC who could not appear in the exam held in October 2020 due to exceptional circumstances created by COVID-19 filed a writ petition in the Supreme Court to seek an extra attempt this year. Earlier also, the same plea was filed but was rejected by the Supreme Court. The case will now be heard on 8 July 2021. Full Story

2. The Punjab and Haryana High Court, in the recent case of live-in relationship, held that it is not illegal. And for the protection of life and liberty, the validity of marriage is not a ground. The court is now addressing the question- Can the court grant protection to the two people living together without examining their marital status? And if not, then under what circumstances the court can deny such protection? The court said different courts have different opinions on it; therefore, the matter has been referred to a larger Punjab and Haryana High Court bench. Full Story

3. The larger bench formed in the Narada case asks Solicitor General Tushar Mehta that if the accused person has not been arrested for the period of 7 years during the investigation, then what is the occasion for arrest suddenly after filing the charge sheet. Full Story

4. After directing for inquiry against BJP MLA Gautam Gambhir and AAP MLAs in the hoarding of COVID drugs, the Delhi High Court stated that Mr. Gautam Gambhir must have done it with good intention to help the needy people, but he should not have done this. The way he has gone about it, he has done a disservice. Full Story

22nd May, 2021 (Saturday)

1. The Supreme Court declines Solicitor General Tushar Mehta’s plea. He urged the court to give directions to all the High Courts that matters related to COVID-19 be heard by the benches headed by the Chief Justice of that High Court. The Supreme Court said we can’t demoralize respective High Courts. That is not reasonable. Full Story

2. Breaking: After the Calcutta High Court referred the case of granting interim bail to TMC leaders to the larger bench. The Chief Justice of Calcutta High Court has constituted a five-judge bench to hear the matter on May 24. Full Story

3. We appreciate the High Court of Allahabad and every other High Court looking and taking care of COVID-19 matters with delicacy and priority basis. But while dealing with such matters, the High Court must avoid passing orders which are not possible to be implemented. The Doctrine of Impossibility is equally applicable to the courts, said Supreme Court. Full Story

4. In the State of Bihar vs Bachesh Kumar Singh and Ors., the Patna High Court acquitted all the 13 accused in the Senari Massacre Case of 1999. The court said that the Test Identification Parade was not done. The dock identification was based on the recollection of events long back, and therefore this makes it weak and without any corroboration. Full Story

21st May, 2021 (Friday)

1. The Punjab and Haryana High Court, in a recent case, held that live-in relation might not be accepted socially. But also stated that a live-in relationship is not even illegal. Staying together is not a crime. The court said that even a family member can’t create hindrance in the peaceful existence of the major couple. It is the result of honour killing that people marry without their family consent. Full Story

2. A big turn in Narada case! Due to differences of opinion among judges, the issue of granting interim bail to four TMC leaders has been referred to a larger bench. Till then, the court has ordered to keep them on house arrest after considering the pandemic situation. Full Story

3. J&K High Court orders for the protection of woman and her husband. She alleges that they were receiving threat calls from the woman’s family members after they came to know that their daughter has embraced Islam voluntarily. The court orders to protect their life and live the way they want as enshrined under our Constitution. Full Story

4. Journalist and the founder & former editor-in-chief of Tehelka magazine, Tarun Tejpal, sets himself free from the 2013 rape charges of a junior colleague. The Goa court acquitted him from all charges of sexual assault and rape in the concerned case. Full Story

20th May, 2021 (Thursday)

1. It has become an easy virtue to file a writ petition of Habeas Corpus under Article 32. Only because the mode is easy, one does not even think of other options. Section 97 of the Criminal Procedure Code has become a dead letter. It has nothing to do with the courts! If the petitioner seeks release of a person illegally confined, then why not take recourse to section 96 of the Criminal Procedure Code, said Supreme Court. Full Story

2. If a court is considering an issue, it does not mean that peaceful protests for the same can’t be allowed. We live in a democratic country, said Dr. Singhvi in Calcutta HC, who appeared for TMC leaders in the Narada sting case. He added that “Response to something can be legally and democratically both.” Merely because a matter is before the court, it will not stop democratic dissent. Full Story

3. Aadhar card being the most necessary element for registration of COVID-19 vaccination is depriving many Nepali people to get vaccinated because they have not been issued the Aadhar card. A letter has been filed to which Uttarakhand High Court has taken notice of the matter and treated it as a “Letter Petition.” Full Story

4. Uttarakhand High Court shows anger and disagreement for allowing “Char Dham Yatra” by the state government. The court stated that from the Kumbh Mela itself, we have seen the failure of government ensuring covid norms and now after Kumbh this Char Dham can’t be allowed! Full Story

19th May, 2021 (Wednesday)

1. In Narada Scam case, the Solicitor General Tushar Mehta tells Calcutta High Court that unprecedented pressure tactics and hooliganism have been adopted by the CM Mamta Banerjee and the law minister Molly Ghatak to frustrate the Court of Justice and create such a situation where CBI can be stopped from discharging its functions. Full Story

2. A plea has been filed by Advocate Ghanshyam Upadhyay to form SIT probe for an investigation into the alleged killings of BJP workers by the people belonging to TMC in the wake of post-poll violence in Bengal. In Ramcharit Manas, it is written that the king has a duty to maintain peace and work in people’s interest. But Mamata Didi seems to have forgotten her ‘Rajdharam’ completely. Full Story

3. Agami has launched COVID-19 Rural Response Tracker. The volunteer-driven tracker helps people to find and support small and local initiatives. It will be a searchable directory where there will be a list of verified local initiatives. Around 100 people from the age group 15-60 are volunteering in this effort. Full Story

4. The Olympic medalist Sushil Kumar, who is accused of the murder of Sagar Ratna, denied anticipatory bail by the Delhi court. The court stated that the allegations are serious in nature, and the statement of eye-witnesses is there. Hence court is not inclined to grant anticipatory bail to Sushil Kumar. Full Story

18th May, 2021 (Tuesday)

1. Advocate Jose Abraham files a plea in the Supreme Court for not canceling class XII board exams. He also stated that class XII exams are career-defining and the most integral exam in the life of a student. Cancellation of exams will cause injustice to the students who are working hard from “head to toe.” Full Story

2. The Allahabad High Court in COVID-19 suo moto case, after observing the high level of carelessness in the district hospital of Meerut (after receiving a missing report of the patient), said that the medical system in villages, rural areas, and smaller cities is “Ram Bharose”, which means at the mercy of God. Full Story

3. In a plea filed for directing the government to ensure that covid vaccine manufacturers should supply carbine to NCT (National Capital Territory)  on a priority basis, the Delhi High Court said that “If everyone will be number one, then, who will be number two?” Full Story

4. Live-in relationships are morally and socially not acceptable, said Punjab and Haryana High Court. The court declined protection to the couple from their parents in apprehended danger of their lives. The court said that in seeking protection, the couple seeks the seal of approval for their relation, which is not acceptable. Full Story

17th May, 2021 (Monday)

1. Not only the Court of Magistrate but also the courts, which are superior to the Magistrate, can also exercise remand power under section 167 of the Criminal Procedure Code. The court further said that custody ordered by the superior courts would be the custody for calculating the time duration/period within which the charge sheet must be filed. Full Story

2. For the appointment of members of the Election Commission, the executive can’t be the sole participant. Therefore a plea has been filed in the Supreme Court forming Independent Collegium for the appointment of members of the Election Commission. Full Story

3. In the oxygen hoarding case, businessman Navneet Kalra has been assisted by the Delhi Police in concern with the recovery and seizure of oxygen concentrators. Full Story

4. Andhra Pradesh-based news channels TV5 and ABN Andhrajyothi move to the Supreme Court for quashing the FIR filed with the charges of sedition. It was also submitted that the attempt of the FIR is only to create a chilling effect for news channels in the state. Full Story

15th May, 2021 (Saturday)

1. The Karnataka High Court held that parking vehicles illegally or unlawfully on footways or public streets will amount to a violation of Article 21 of the Constitution. The state government shall ensure that the criminal law is set in motion if such a violation takes place. Full Story

2. The Delhi High Court, while granting interim compensation to the minor victim of sexual assault, said that since the system can’t “undo what has happened” or “can’t turn the clock back”, there is little else that the Court can do is to provide the victim psychological security and a sense of empowerment that monetary compensation can give. Full Story

3. In ATC Guild (India) vs Union of India, the Delhi High Court, after observing the concern of COVID-19 infection through Breath Analyzer Test of aeroplane pilots, cabin crew, ATCs said that alcohol testing can’t be fully exempted as it will be detrimental to passenger safety. And also all the personnel would be duty-bound to give an undertaking of “No alcohol consumption” twelve hours prior to duty. Full Story

4. Delhi District Courts vacations preponed. Due to the increasing rate of COVID-19 cases, the court vacations shall begin from 17 May till 3 June 2021. The matters listed between these dates shall be taken up from 14 June to 30 June on respected working days. Full Story

14th May, 2021 (Friday)

1. In response to a petition filed, the Rajasthan High court has issued a notice to the Bar Council of Rajasthan inquiring about the steps taken for the welfare of the advocates affected by COVID-19. Full Story

2. Ridiculing the caller tune used for the awareness of the COVID-19 vaccination drive, the Delhi High Court questioned the Centre on how one shall get vaccinated if there’s none available! Full Story

3. Given passenger safety, the Delhi High Court pointed out the necessity of Breath Analyzer Test at airports for all ATCs, pilots, cabin crews, and other personnel. It issued directions for the same. Full Story

4. The Punjab and Haryana high court rejected the plea to grant protection to a live-in couple, receiving threats. The high court noted that such protection might “disturb the social fabric of the society“. The court also expressed its disapproval of the “new concept of contractual live-in backed by a deed”. While the court upheld a couple’s right to be in a live-in relationship, it also remarked that the “runaway couples need not preach morality and human behaviour.” Full Story

13th May, 2021 (Thursday)

1. When it comes to judicial transparency, it is a time-honored principle. The role of media, which is considered as the fourth pillar of democracy, is an essential organ in disseminating information, says Supreme Court. The Supreme Court has launched a facility in its mobile app to provide links to media persons for attending virtual hearings. Full Story

2. In Gautam Navlakha vs National Investigation Agency, the Supreme Court held that for challenging a remand order, the writ petition of Habeas Corpus would lie only if the remand is absolutely illegal or without authority due to lack of jurisdiction or passed in an absolutely mechanical manner and otherwise not. Full Story

3. The Supreme Court observed that in appropriate cases, courts, after considering factors like age, health condition, antecedents of the accused, the nature of the crime committed, can order house arrest under section 167 of the Criminal Procedure Code. Full Story

4. Right to life is embedded under Article 21 of the Constitution. If the government and even private hospitals fail to provide on-time treatment to a person in need, then it is a violation of Article 21, says Patna High Court. Article 21 imposes an obligation on the part of the state to safeguard the Right to life of every person. Full Story

12th May, 2021 (Wednesday)

1. Mere convenience of one party can’t be a ground to allow transfer application of the case. If a party is unable to understand the court’s language, it may take the aid of the interpreter. But on the sole basis of language, a criminal case can’t be transferred under section 406 of the Criminal Procedure Code says Supreme Court. Full Story

2. For seeking anticipatory bail, apprehension of death on account of COVID-19 is a valid reason, says Allahabad High Court. The law of anticipatory bail is founded on the apprehension of arrest. But the pre-requisite condition of apprehension of arrest is survival of the accused. Full Story

3. A woman of age 23 years is mature enough to understand “what is right or wrong,” said the Delhi High Court while granting bail to the man accused of rape and making an obscene video of the women. As there is no technical evidence on record the assertion of prosecution seems to be under clouds. Full Story

4. In Rahul Sharma and Anr vs National Insurance Co. Ltd and Ors, the five-judge bench (Constitutional bench) of the Supreme Court held that while deciding the motor accident compensation, if the age of the accused is less than 40 years, then there shall be an addition of 40% to their income as future prospects. Full Story

11th May, 2021 (Tuesday)

1. In Shifa Ur Rehman vs NCT of Delhi, the Delhi High Court reiterated the constitutional right of an accused person and said that it is the right of the detained person under Article 22 of the Constitution to consult a lawyer of his own choice. The state can’t dilute such right. Full Story

2. The Bar Council of Delhi has taken the initiative to facilitate the supply of oxygen cylinders for the members enrolled with the Bar Council of Delhi and their immediate families suffering from COVID-19. This service shall be free of cost. Full Story

The Karnataka State Bar Council has also approved to sanction Rs. 10,000 to the state lawyers who are covid positive and Rs. 25,000 for those who are hospitalized. Full Story

3. The Kerala High Court held that a plea filed by the indigent person should be made with utmost honesty and it should be bonafide. “No civilized society could view indigency with disdain. Not only our law, but our ancestors were also compassionate to indigent (pauper) persons”. Full Story

4. The Orissa High Court struck down its own rule which gives the power on the Full Court to designate an advocate as “senior advocate” without any proposal from judges or application made by such advocate. The bench emphasized that the Supreme Court’s silence on designating advocate as senior through suo moto power is a “Conscious Silence.” “The court also said that every Tom, Dick and Harry should not be brought to this position.” Full Story

10th May, 2021 (Monday)

1. Religious intolerance is not good for a secular country, says Madras High Court. Merely because one religious group is living as the majority in a particular area, it does not become a reason to prohibit or curtail other religious festivals/processions through that area. Access to public areas like roads or streets should be accessible to all, irrespective of religion, caste or creed. Full Story

2. Citizens who do not have access to digital resources can take help from their friends, relatives, neighbors, NGOs for online registration of vaccine in Co-WIN, says Centre to the Supreme Court. For assistance at grass root levels, common service centres shall be in the service. Full Story

3. The Kerala High Court affirms the order issued by the Kerala government capping the price for COVID-19 treatment. The court also said that in a pandemic situation, there is no rich or poor. We won’t approve cross-subsidization during the pandemic. Full Story

4. While addressing the Biennial Conference of the International Association of Women Judges, Justice Gita Mittal said that “women judges should not compromise or tolerate with any kind of discrimination or violence in the workplace.” Full Story

8th May, 2021 (Saturday)

1. Section 92 of the Evidence Act puts embargo (bar) for giving oral evidence in respect of a written document. Whereas proviso 6 of section 92 allows admission of facts relating to the language of the document in regard to existing facts. The Supreme Court has said that where the document leaves no question of doubt or difficulty in construing it, the proviso does not apply. Full Story

2. In Sanjay Kumar Raj vs State of UP, the Supreme Court said that an order for the framing of charges or refusal for the discharge of the accused is neither final in nature nor interlocutory. Such orders are not affected by the bar of section 397(2) of the Criminal Procedure Code. Full Story

3. Not complying with section 35 of the Protection of Children from Sexual Offences Act, if evidence of the child is not recorded within 30 days of the offence committed or case is not disposed within one year by the special court, then it does not entitle the accused of bail. The court also held that the statement recorded under section 164 of CrPC can’t be considered evidence under section 35 of the POSCO Act. Full Story

4. Medical insurance and health insurance services are essential during COVID-19. Employees of insurance companies can’t be restricted free movement during the pandemic. The employees shall be exempted from curfew restrictions, says Delhi High Court. Full Story

7th May, 2021 (Friday)

1. The Supreme Court in Guru Dutt Pathak vs State of Bihar reiterated that non-examination of an independent witness is not an indispensable (absolutely necessary) requirement. Non-examining of independent witness is not fatal to the prosecution case, and it does not imply that the accused was falsely implicated. Full Story

2. Three years have elapsed after the Swapnil Tripathi vs Supreme Court of India judgment, but the streaming of cases of national importance has still not been implemented. Sunlight is the best disinfectant. Live streaming will ensure the principle of open courts, which shall disseminate information in the widest possible sense. Full Story

3. In Sarjeet Kaur vs Harbhajan Singh and Ors the Punjab and Haryana High Court said that where the party litigating either prosecuting or defending is unable to protect its interest legally or otherwise, then the courts are expected to act as ‘parens patriae’ – means to assume the role of a parent in order to protect the interest of such party/person. Full Story

4. India is not a country for foreign companies to make profit. The Bombay High Court asked the centre and state governments that why local alternatives are not emphasized. It’s right there. You don’t even need Hanuman; referring to the epic Ramayana that how the Sanjeevani plant helped Lakshman. Full Story

6th May, 2021 (Thursday)

1. The Supreme Court in the Maratha Quota case said that to go beyond the 50% reservation limit is to have “a society which is not founded on equality, but based on caste rule.” The percentage of 50% has been arrived at by the principle of reasonability and achieves equality enshrined under Articles 14, 15 and 16. Full Story

2. Reservation in public services is not the only method for upliftment and welfare for the socially backward class, said the Supreme Court in the Maratha Quota case. The objectives engrafted in our Constitution for society are still not achieved and have to be pursued. The State has to come up with an overall development scheme, educational facilities, and opportunities for backward classes. Full Story

3. “No means No,” said Himachal Pradesh High Court while denying bail to a man accused of rape. Saying NO is nowhere an indication of a girl to a man to convince her. The word NO doesn’t leave space for further explanation or justification. When the curriculum does not include proper teaching of sex education, the children raised by such societies fail the women time and again. Full Story

4. Freedom of speech and expression under Article 19(1)(a) extends to reporting judicial proceedings as well, says Supreme Court. Open access to the courts is essential to protect valuable constitutional freedoms. Full Story

5th May, 2021 (Wednesday)

1. No need to visit Indira Sawhney Judgment again. There exist no special circumstances to exceed the cap of 50% ceiling limit in the reservation, said Supreme Court while striking down the Maratha Quota. Exceeding the 50% ceiling limit without any justifiable reason clearly violates Articles 14 and 16. Full Story

2. Former Chief Justice J&K High Court, Justice Gita Mittal, would be the first Indian judge to receive Arline Pacht Global Vision Award for the year 2021. It is a moment of honour for every Indian. Full Story

3. Supreme Court appreciates the “Mumbai Model of Oxygen Management” and says that the Centre and Delhi must learn from it. Buffer stocks of oxygen have to be created for emergency purposes. If a congested city like Mumbai can, then why not Delhi. Full Story

4. Non-availability of oxygen for patients is a criminal act and can’t be considered less than a genocide. We are answerable to citizens. No one should die for want of oxygen, says Allahabad High Court. Full Story

4th May, 2021 (Tuesday)

1. While construing (interpreting) a clause in the contract, the exercise which has to be undertaken is to determine “what the words used mean.” Every contract is to be read keeping in mind the object with which it is framed, and the whole context must be considered to endeavor the intention of the parties says Supreme Court. Full Story

2. A plea has been filed in Kerala High Court by the All India Association of Jurists to include the services of an advocate under the definition of ‘essential services’ amid the COVID-19 pandemic. The functions of the judiciary can’t be put to rest. It has to function at all times for the protection of the rights of the citizens. Full Story

3. Supreme Court to consider declaration of Article 356 (President’s Rule) in the state of West Bengal. It is in the wake of widespread violence by followers of All India Trinamool Congress against the Bhartiya Janta Party. The plea highlights the state of Constitutional breakdown in the state of West Bengal. Full Story

3rd May, 2021 (Monday)

1. The courtroom discussions are dialogues between the Bar and Bench. They are of public interest observed Supreme Court. Reporting Court discussions make judges more accountable. Therefore media can’t be stopped from reporting oral remarks of the judges. Media is the watchdog of the sanctity of the judicial process. Full Story

2. If there is a nexus between Accident and Death in a case of a motor accident, then the heirs of the deceased person are entitled to compensation for the loss suffered and trauma they have been through, said Allahabad High Court. Full Story

3. No patient shall be denied hospitalization or medicines in any state or union territory only because the person does not have an identity card or local residential proof of that state or union territory, says Supreme Court. Full Story

4. Supreme Court directs the Central government to scrutinize its current vaccine policy in regard to Articles 14 and 21 of the Constitution. Vaccinations provided to citizens are a valuable public good. The discrimination in prices for the centre and states is detrimental to the Right to public health, which is an integral part of Article 21. Full Story

1st May, 2021 (Saturday)

1. “Now the water has gone over our head. Enough is enough,” said Justice Sanghi of Delhi High Court, getting shaken by the deaths of eight patients due to lack of oxygen supply in Delhi. The Delhi High Court has issued strict directions to the centre for providing the allocated quantity of oxygen today itself ‘by whatever means.’ Full Story

2. The Prohibition of Child Marriage Act, 2006 is a secular law. It does not consider or get regulated according to religion. Even though Muslim Personal Law allows parties to marry after attaining puberty, the Act does not. The Prohibition of Child Marriage Act, 2006 does not make any distinction on the basis of religion. Full Story

3. While dealing with Criminal Appeal on the merits, the High Court must apply its mind to the case in entirety, says Supreme Court. Before arriving at any conclusion, the High Court must re-appreciate the entire evidence on the record being the court of the First appeal. Full Story

4. Looking at the alarming surge of COVID-19 infections, the Supreme Court has advanced the summer vacations from May 10. The court will now re-open after the break on June 28. Full Story

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