India: Stories & Developments on Monday 22 May 2023

– Perception regarding women lawyers in court has changed: Delhi High Court judge. Justices Tara Vitasta Ganju, Mini Pushkarna, and Manmeet Pritam Singh Arora spoke at an event organized by the Delhi High Court Women Lawyers Forum, highlighting the shift in perception that women lawyers are only present in court for passovers and adjournments. This reflects a positive change in recognizing the capabilities and contributions of women in the legal profession.

– Kerala High Court allows 15-year-old girl impregnated by her brother to terminate her 7-month pregnancy. After considering the medical report, the court acknowledged the potential social and medical complications that could arise if the pregnancy is not terminated. The court’s decision reflects the sensitive approach taken to safeguard the health and well-being of the minor girl.

– Supreme Court instructs LG to decide on the appointment of Delhi Electricity Regulatory Commission chairperson within 2 weeks. Emphasizing the importance of following the law, the court stated that the LG must act based on the aid and advice of the Delhi Chief Minister and the Council of Ministers in such matters. This directive ensures a timely resolution in a key administrative appointment, promoting effective governance.

– Delhi High Court summons BBC in defamation suit by Gujarat-based non-profit organization over PM Modi documentary. The court’s action comes in response to allegations that the documentary defamed India and its entire system, including the judiciary. The summons serves as an opportunity for the organization to present its case and seek redress for the alleged defamation.

– Kerala High Court seeks the state’s response to a plea for ₹1 crore compensation to the family of a lady doctor killed by a man brought for examination. The petitioner seeks substantial compensation for the brutal murder of the 23-year-old house surgeon, highlighting the need to address the loss suffered by the victim’s family. The court’s intervention demonstrates the importance of seeking justice and support for victims and their families in such cases.

– Abhishek Banerjee moves Supreme Court against Calcutta High Court’s decision to impose ₹25 lakh costs and allow CBI and ED probe in the School Jobs for Cash Scam. Senior Advocate Abhishek Manu Singhvi represents Banerjee, and the plea seeks to challenge the imposition of costs and the investigation by the CBI and ED. This case involves significant political implications, and the Supreme Court’s consideration will determine the future course of action.

– Madras High Court Senior Advocate R Vaigai highlights gender equality concerns and judicial appointments. Vaigai emphasizes that only a small number of judges are deeply conscious of gender equality, shedding light on the need for more inclusivity in the judicial system. The interview provides valuable insights into the challenges faced and the progress that still needs to be made in achieving gender equality in the legal profession.

– NCLAT upholds NCLT order admitting plea by Go First Airlines for initiation of insolvency proceedings. This decision affirms the earlier ruling that allowed Go First Airlines to proceed with insolvency proceedings, marking a significant development in the airline’s financial situation. The decision impacts the company’s creditors, stakeholders, and the overall aviation industry.

– Karnataka High Court rejects plea by SDPI challenging the State government’s decision to seal its offices under UAPA. The court’s decision upholds the State government’s action to seal the offices of the Social Democratic Party of India (SDPI) based on a central government notification banning the party and its associates. This ruling reinforces the government’s authority to take action in accordance with laws aimed at maintaining public order and security.

– Kerala High Court issues notice to the state on a lawyer’s plea seeking ₹1 crore compensation for the bereaved family of Dr. Vandana Das, who was murdered in Kollam. The court acknowledges the plea and initiates legal action.

– The Supreme Court lists TMC MP Abhishek Banerjee’s appeal against the Calcutta High Court’s order refusing to recall an order directing a CBI inquiry. The case raises significant attention and is scheduled for hearing on May 26.

– Delhi High Court issues summons to BBC in a defamation suit filed by a Gujarat-based NGO regarding a documentary on Prime Minister Narendra Modi. The court addresses the allegations made in the documentary and requires the BBC to respond.

– Delhi High Court emphasizes that family courts should not adopt a hyper-technical approach and hastily close a party’s right to cross-examination in matrimonial cases, emphasizing the importance of fair proceedings.

– Supreme Court refuses to stop the demolition of illegal constructions in Vishwas Nagar but grants a seven-day period for the occupants to vacate the premises, balancing the need for enforcement of the law with consideration for those affected.

– Supreme Court reiterates that no adverse observations should be made against judicial officers without providing them with a due opportunity to present their case and respond to any allegations.

– Bombay High Court directs Sameer Wankhede, an official involved in the Shahrukh Khan case, to refrain from publishing WhatsApp chats or making statements to the press. The court extends protection to him in an ongoing extortion case.

– Delhi High Court rules that government employees should not be denied medical reimbursement for emergency treatment solely due to the non-empanelment of a hospital, emphasizing the importance of providing necessary healthcare support.

– Delhi High Court upholds the termination of an employee involved in submitting forged documents to the employer, highlighting the court’s stance against dishonesty and the importance of maintaining integrity in employment.

– Delhi High Court seeks responses from Delhi Police and the Delhi government in a plea regarding bomb threats in schools, indicating the court’s commitment to ensuring the safety and security of educational institutions.

– Mumbai court criticizes the investigation officer in the NSEL scam case for selective investigation, emphasizing the importance of a comprehensive and unbiased approach in economic offense cases to maintain public trust.

– Delhi High Court receives a plea challenging notifications that allow the exchange of ₹2000 notes without the need for ID proof, raising concerns about the potential misuse of currency and the need for stricter regulations.

– Orissa High Court passes a standing order for listing bail applications arising from the same FIR before the same bench, aiming to streamline and expedite the bail process for efficiency and consistency.

– National Green Tribunal directs a joint committee to take remedial action against sewage flow and toxic gases in Delhi’s Kaushal Drain, highlighting the court’s commitment to environmental protection and public health.

– Kerala High Court determines that a magistrate exceeded jurisdiction by vacating an order for cross-examination merely because the accused’s counsel couldn’t appear, emphasizing the importance of upholding the accused’s right to a fair trial.

– “Deblocking Provisions: A Key to Unlocking Patent Potential” by Pulkit Doger emphasizes the importance of deblocking provisions in patent law to promote innovation and enhance access to technology.

– The Punjab and Haryana High Court grants anticipatory bail to a husband accused of sharing his wife’s ‘obscene videos’ with his partner involved in an extra-marital affair.

– The Calcutta High Court holds that the appointment of an arbitrator during the pendency of a reference before the MSME Facilitation Council is contrary to the provisions of the MSMED Act, clarifying the legal framework for arbitration in MSME cases.

– HPNLU organizes a two-day International Conference on Environmental Rule of Law and Justice, highlighting the significance of environmental governance and legal frameworks.

– The Kerala High Court permits the termination of pregnancy for a minor girl who was impregnated by her own brother, considering the sensitive circumstances and potential risks involved.

– EBC Learning offers a live online course on “How To Crack Advocate-On-Record Examination (Revision Classes)” to assist law students in preparing for the advocate-on-record examination.

– The Delhi High Court issues guidelines for drafting a Settlement Agreement in matrimonial disputes of criminal nature, emphasizing the inclusion of Hindi language in the agreements to ensure accessibility and clarity.

– The Madras High Court clarifies the liability for unauthorized transactions via prepaid payment instruments, shedding light on the responsibilities of parties involved in such cases.

– The Calcutta High Court clarifies that a supplier can refer to the MSME Facilitation Council for adjudication, even if the MSME registration occurs after the contract is signed, providing clarity on the jurisdiction in such cases.

– MACT awards ₹2 crore compensation to the family of a government employee who tragically died in a road accident in 2019, highlighting the importance of providing adequate financial support to the dependents of victims.

– Delhi High Court emphasizes the significance of integrity and authenticity in compassionate appointments, stating that employees submitting forged documents should not receive sympathy, thereby emphasizing the importance of maintaining transparency and upholding ethical standards.

– The Supreme Court highlights the need for strict scrutiny of evidence in blind murder cases, underscoring the importance of thorough investigation and fair judgment to avoid wrongful convictions.

– The Supreme Court is set to hear the plea of TMC leader Abhishek Banerjee on May 26, who seeks relief from CBI questioning in the school jobs scam case, drawing attention to the ongoing legal battle and the involvement of prominent political figures.

– The Supreme Court emphasizes that it is desirable to outline public utterances before subjecting the accused to trial in cases under the SC-ST Act, highlighting the importance of context and clear understanding of statements made before legal proceedings.

– A plea challenging an RBI notification allowing exchange of ₹2000 notes without bank verification is moved before the Delhi High Court, shedding light on concerns regarding the potential misuse or loopholes in the banking system.

– The Supreme Court reprimands shoddy investigation practices, emphasizing that evidence should not be solely relied upon to impose the death penalty, particularly in rape and murder cases, raising concerns about the reliability of investigations and the risk of wrongful convictions.

– Kerala High Court seeks the state government’s stance on a PIL seeking ₹1 crore compensation to the family of a doctor who was tragically killed, bringing attention to the importance of recognizing the value of healthcare professionals and providing support to their families in the event of untimely loss.


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