Weekly Legal Updates (22 January 2023 to 28 January 2023)

Weekly Legal Updates main objective is to update the legal knowledge of law students, lawyers, academicians and other professionals. If we do not update our legal knowledge regularly, our knowledge become redundant.

Law Minister Questions SC Collegium again by using the video of the former High Court Judge

As there is the ongoing fiction between the judiciary and executive Law Minister recently endorsed the view of the former High Court Judge where he had mentioned about ‘Highjacking’ of the Supreme Court, basically again questioning the process of the appointment of Judges by the collegiums system and saying judiciary have overreached there power by making laws which is the function of Legislature.(Courtesy – The Quint 23 January 2023)

Supreme Court in its recent Judgement Held that Land cannot be kept under temporary acquisition for years as it violates right to property under Article 300A of the COI 

[Case Details: Manubhai Sendhabhai Bharwad and Another Versus Oil and Natural Gas Corporation Ltd. & Others (CIVIL APPEAL NO. OF 2023 (Arising from S.L.P.(Civil) No. 13885/2022)]

Appellants land was acquired temporarily by ONGC in 1996 and ONGC used to pay rent for that temporary acquisition but appellants asked for the increase in the rent the corporation declined these are the brief facts for more refer to Bar and Bench.

The Supreme Court bench comprising Justices MR Shah and MM Sundresh have held that, “to continue with the temporary acquisition for a number of years would be arbitrary and can be said to be infringing the right to use the property guaranteed under Article 300A of the Constitution of India. Even to continue with the temporary acquisition for a longer period can be said to be unreasonable, infringing the rights of the landowners to deal with and/or use the land.” .(Courtesy – Bar and Bench 23 January 2023)

Plea to abort 29-week pregnancy: After AIIMS report, SC deputes ASG to guide 20-yr-old petitioner

[ Case Details : P v. UoI And Anr. WP(C) No.65/2023 ]

In the case of  X v. Principal Secretary Health and Family Welfare Department the Supreme Court held that unmarried women have  the right to terminate the pregnancy and allowed the 24-weeks pregnant  unmarried women to have  the abortion. On the same line In a plea filed by a 20-year old unmarried woman seeking permission to terminate a 29-week pregnancy, the Supreme Court, on Monday, asked the Additional Solicitor General, Ms. Aishwarya Bhati, to interact with the woman and provide guidance.(Courtesy – Indian Express 24 January 2023) 

Lakhimpur Kheri Case : Supreme Court Suo Motu Grants Interim Bail To 4 Accused In Cross- FIR While Granting Interim Bail To Ashish Mishra

A bench comprising Justices Surya Kant and JK Maheshwari decided to grant interim bail to these four persons, While granting interim bail to Ashish Mishra in the Lakhimpur Kheri case, the Supreme Court, in a suo motu exercise, also granted interim bail to four persons who are accused in the cross-case related to the lynching of three persons. Although only the bail application of Mishra was before the Court, it decided to invoke its suo motu powers to grant interim bail to the accused in the cross-case as well..(Courtesy – The Daily Guardian 26 January 2023) 

BCI must take steps to prevent Advocate going on strikes and boycotts – Supreme Court

[Case Details: Common Cause v. Abhijat And Or. Conmt Petition(C) No. 550/2015 in WP(C) No. 821/1990 PIL]

The Supreme Court asked the Bar Council of India for not coming up with any ‘concrete’ plans for preventing State Bar Associations from going on strikes and abstaining from court work. While considering a contempt petition filed by NGO, Common cause, The Bench of Justices Dinesh Maheshwari and Bela Trivedi took strong objection to the BCI’s lackadaisical attitude “They all are sensitized but they don’t follow”, Justice Trivedi added.(Courtesy – The Statesman 27 January 2023)

India is a secular nation and in India religion is only important when it is relevant – Supreme Court

[Case Details: Md Imran Ahmad And Ors. v. UoI And Ors. WP(C) No. 57/2023 PIL]

A bench of Justices KM Joseph and BV Nagarathna orally observed.Religion is important, when it is relevant under the law. Otherwise, we have a secular nation, everything we do, we have to imbibe that spirit. Both citizens and the state”, (Courtesy – Indian Express 28 January 2023)  

Mere filing of Appeal would not operate as a stay of decree under Order XLI Rule 5 CPC:Supreme Court

[Case Details: SANJIV KUMAR SINGH versus THE STATE OF BIHAR & ORS. (Special Leave to Appeal (C) No(s). 19038/2022; 24-01-2023)] 

The Supreme Court observed that mere filing of the appeal would not operate as a stay under Order XLI Rule 5 of Code of Civil Procedure. In this case, the petitioner had approached the Patna High Court seeking a direction to the District Magistrate to grant ‘No Objection Certificate’ (NOC) for starting an MS/HSD retail outlet dealership over land. The High Court dismissed the petition on the ground that as against the decree passed in favor of the petitioner, an appeal has been filed before the High Court and the same is yet to come up for hearing. Against this judgment, the petitioner approached the Apex Court.

The court, allowing the appeal, directed the District Magistrate to take note of the decree and issue the NOC within a period of two weeks to the petitioner. It clarified that this will remain subject to the result of the appeal pending before the High Court.(Courtesy – Live Law 28 January 2023) 

As the Modi family feud escalates, the Supreme Court on Friday urged the founder of the Indian Premier League, Lalit Modi to take down social media posts made by him against his family members and also against Senior Advocate and former Attorney-General Mukul Rohatgi, who is representing his mother Bina Modi.

[Case Details:Lalit Kumar Modi v. Dr. Bina Modi & Ors. | Special Leave Petition (C) No. 1134-1135 of 2021]

 While a bench of Justices Sanjiv Khanna and M.M. Sundresh refused to pass a written order, Justice Khanna orally instructed Modi’s counsel Senior Advocate Harish Salve to use his ‘good office’ and advise his client to take ‘remedial measures’. “Whenever you start to fight like this in the public, it is always detrimental to both parties in any litigation. It only leads to retaliation in a similar manner. Parties are mature enough to understand not to give in to such outbursts. Remove all this,” the judge said. He added, “Your legal battle is entirely separate. But do not involve the lawyers in your battle.”(Courtesy – India Today  28 January 2023) 

Supreme Court acquits the accused in a 1985 murder case by giving him the benefit of doubt

[Case Details: Munna Lal vs State of Uttar Pradesh CRIMINAL APPEAL NO.491 OF 2017] 

One Narayan was murdered on 5th September, 1985. Munna Lal, Sheo Lal, Babu Ram, and Kalika were accused of murder and they were convicted by the Trial Court in January 1986. The appeal filed by the accused was dismissed by the Allahabad High Court in the year 2014. Appreciating the evidence on record, the Apex Court bench observed that there is a fair degree of uncertainty in the prosecution story in this case. The courts below appear to have somewhat been influenced by the oral testimony of prosecution witnesses, without taking into consideration the effect of the other attending circumstances, the bench of Justices S. Ravindra Bhat and Dipankar Datta said the bench held that the appellants are entitled to benefit of doubt and thus set aside their concurrent conviction.(Courtesy – Live Law 29 January 2023)

The Supreme Court directed states/UTs to upload information on mental health facilities on the Ministry of Social Justice and Empowerment’s portal.

These directions came from a Bench led by Chief Justice of India DY Chandrachud that information to be uploaded on the dashboard regarding mental health and the bench sought for the rehabilitation and Covid vaccination of mentally-ill people in several hospitals and mental healthcare institutions across the country.(Courtesy – The Tribune 29 January 2023)

*Disclaimer: – Always check with the original copy of judgment from the Court website.

Legal News in this Weekly Legal Update are compiled by Devesh Kumar (Team www.deepakmiglani.com

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