India: Stories & Developments on Tuesday 23 May 2023

– Madras High Court: The court ruled that under the Right to Education, economically weaker section (EWS) students should not be required to pay any fees for their education. The court emphasized that the state cannot evade its responsibility by claiming reimbursement of tuition fees alone.

– Supreme Court Constitution Bench Tracker: A significant number of cases listed before the Supreme Court’s five-judge bench have been heard and judgments have been reserved or delivered, reducing the number of pending cases.

– Justice MR Shah’s Judgments: Despite serving a relatively short tenure, Justice MR Shah authored a substantial number of judgments (712) during his time as a Supreme Court judge.

– PIL against Withdrawal of โ‚น2,000 Notes: The Reserve Bank of India (RBI) notified the withdrawal of โ‚น2,000 notes, although they will continue to be legal tender. The Delhi High Court has reserved its order on a public interest litigation challenging this move.

– Supreme Court’s Stance on Bail Orders: The Supreme Court expressed disapproval of the practice of extensively elaborating on evidence in bail orders. The court granted bail to an accused in a murder case, stating that detailed elaboration is unnecessary.

– Supreme Court’s Interpretation of SC/ST Act: The Supreme Court ruled that any caste-related utterances made by the accused against the complainant must be included in the FIR or chargesheet. This inclusion helps the court determine if the case falls under the SC/ST Act.

– Supreme Court’s Call for AI Transcription Solutions: The Supreme Court has invited bids for Artificial Intelligence (AI) solutions to transcribe arguments and proceedings. The AI tool will initially be used for Constitution Bench matters.

– Delhi High Court’s Decision on MCD Standing Committee Elections: The Delhi High Court set aside the decision of Delhi Mayor Shelly Oberoi, who called for fresh elections for six members of the Municipal Corporation of Delhi (MCD) Standing Committee.

– Varanasi Court Allows Consolidation of Gyanvapi-Kashi Vishwanath Cases: The District Judge in Varanasi granted permission to consolidate eight separate suits related to the Gyanvapi-Kashi Vishwanath case, as the subject matter and reliefs sought were similar.

– Gujarat High Court Stays Trial Against Delhi LG Vinai Kumar Saxena: The Gujarat High Court granted interim relief and stayed the trial against Delhi Lieutenant Governor Vinai Kumar Saxena in a 2002 assault case involving social activist Medha Patkar.

– Madhya Pradesh High Court’s Contempt Ruling: The Madhya Pradesh High Court sentenced a man to 10 days in jail for making reckless allegations of corruption against a judicial officer, which amounted to criminal contempt.

– Supreme Court’s Displeasure with Telangana High Court: The Supreme Court expressed dissatisfaction with the Telangana High Court for not deciding the bail plea of Kadapa MP Avinash Reddy and directed the vacation bench to hear the case. The court also criticized Reddy for not appearing before the Central Bureau of Investigation (CBI).

– Delhi High Court’s Ruling on Copyright in Film Nayak: The Delhi High Court determined that filmmaker Satyajit Ray was the first owner of the copyright in the film “Nayak” and had the right to novelize the screenplay. The court rejected a plea to prevent the publication of the novelization by HarperCollins.

– Orissa High Court has implemented a new system of uploading digitally signed copies of judgments and orders on its website, aiming to enhance accessibility and efficiency in legal proceedings. This move aligns with the court’s efforts to leverage technology for transparent and streamlined judicial processes. By adopting digital signatures, the court seeks to ensure the authenticity and integrity of its legal documents.

– The Kerala High Court has intervened in an alleged trespassing incident in the protected area of Ponnambalamedu, near the famous Sabarimala temple. The court has requested an update on the investigation status, underscoring its commitment to safeguarding protected areas and preserving their sanctity. This case highlights the court’s proactive approach in addressing potential encroachments on ecologically sensitive zones.

– In a significant ruling, the Orissa High Court has imposed a cost of โ‚น25,000 on a wife for suppressing the timeline prescribed by the Supreme Court for the disposal of a matrimonial dispute by the family court. The decision emphasizes the importance of adhering to prescribed legal procedures and timelines, aiming to ensure expeditious resolution of disputes. It serves as a reminder that parties involved in legal proceedings must act in good faith and comply with court-mandated directives.

– The Kerala High Court has declined to grant a stay on the trial against actor Unni Mukundan in a sexual harassment case. The court’s decision demonstrates its commitment to facilitating a fair and unbiased legal process, allowing the trial to proceed. This case highlights the court’s role in adjudicating sensitive matters and ensuring justice is served.

– The Delhi High Court is currently deliberating on a public interest litigation (PIL) challenging notifications that permit the exchange of โ‚น2000 notes without requiring ID proof. The court has reserved its decision on the matter, indicating its cautious approach towards examining the legality and implications of such notifications. This case highlights the court’s role in scrutinizing government policies and ensuring they align with constitutional principles.

– An expert committee has submitted a report stating that there is no “regulatory failure” by the Securities and Exchange Board of India (SEBI) in response to the Adani-Hindenburg report. The report highlights the committee’s findings and conclusions regarding allegations of regulatory lapses in the Adani Group’s securities dealings. This development underscores the importance of independent expert committees in examining financial market issues and ensuring regulatory compliance.

– The Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has ruled that CENVAT credit is not admissible on input services attributable to trading activity. This decision clarifies the eligibility criteria for availing CENVAT credit, which is a crucial aspect of indirect tax laws. The ruling has implications for businesses involved in trading activities and emphasizes the need for adherence to tax regulations.

– The CESTAT has quashed excise duty on bagasse, declaring it as an agricultural waste. This judgment has significant implications for the sugar industry, as it relieves manufacturers of excise duty liability on bagasse, a byproduct of sugar production. The ruling reflects the court’s recognition of bagasse as a residue of agricultural activity rather than a manufactured product subject to excise duty.

– The Gujarat High Court has granted a stay on the criminal trial proceedings against Delhi Lieutenant Governor Vinai Saxena in an assault case. The court’s decision indicates its recognition of the need to ensure a fair trial and prevent any potential miscarriage of justice. This case highlights the high court’s authority to intervene in ongoing criminal proceedings to uphold the principles of justice and fairness.

-The Allahabad High Court has ruled that the compounding of unauthorized constructions cannot be considered following an order of remand. The court has quashed the remand order, indicating that such constructions will not be condoned. This decision emphasizes the need for adherence to authorized construction procedures and regulations.

-The Delhi High Court has dismissed a Public Interest Litigation (PIL) that sought to address the concerns of investors who were allegedly duped by promoters through arbitrary delisting of securities. The court’s decision implies that the PIL lacked sufficient grounds to warrant further legal action, highlighting the importance of substantial evidence in such cases.

-The Orissa High Court has provided clarification on the adoption process for Muslims who wish to adopt a surrendered child. The court states that while Muslim individuals can adopt, they must follow the procedures outlined in the JJ (Care and Protection of Children) Act. This decision ensures that the adoption process remains consistent across religious communities while upholding the best interests of the child.

-The Delhi High Court has asserted that employees who submit forged and fabricated documents are unsuitable for employment. The court’s ruling underscores the significance of maintaining integrity and honesty in professional settings, affirming the repercussions for those who engage in fraudulent practices.

-The Supreme Court has delivered a split verdict on whether to consider the candidature of OBC-EWS candidates in the Rajasthan Civil Judge Recruitment process, despite the belated submission of category certificates. This decision reflects the complexities surrounding reservation policies and the need for clarity in determining eligibility criteria.

Print Friendly, PDF & Email
Scroll to Top