SCC Online Weekly Rewind Episode 24 ft. Nilufer Bhateja, Associate Editor is out now. The written episode along with the video episode can be watched and read below.
Supreme Court
Natural human conduct is to first save oneself’: SC acquits woman accused of setting husband’s first wife on fire and coming out unscathed from conflagrant house
The Supreme Court reversed the conviction of the accused−appellant who was convicted for the murder of her husband’s first wife and their children. The Court held that the chain of circumstantial evidence was not complete and gave her benefit of doubt. The Court said that natural human conduct is that when there is any incident or accident, the immediate reaction is to get away from the scene and save oneself.
READ More HERE
Overruling versus Reversal: SC explains mere overruling of principles by subsequent judgment will not dilute binding effect of decision inter parties
In a very interesting matter, Supreme Court held that there is a distinction between overruling a principle and reversal of the judgment. The Supreme Court reaffirmed the settled position of law by explaining that:
“Mere overruling of the principles, on which the earlier judgment was passed, by a subsequent judgment of higher forum will not have the effect of uprooting the final adjudication between the parties and set it at naught.”
Read More HERE
Rent Act would not come to the aid of a “tenant-in-sufferance” vis-à-vis SARFAESI Act due to operation of S. 13(2) read with S. 13(13) of SARFAESI Act: SC
In another case, addressing a very pertinent issue of whether the rent act would come to the aid of a “tenant in sufferance”, the Supreme Court decided that,
Rent Act would not come to the aid of a “tenant-in-sufferance” vis-à-vis SARFAESI Act due to operation of S. 13(2) read with S. 13(13) of SARFAESI Act
Read More HERE
Can putting thumb impression instead of sign cause adverse presumption on genuineness of deed? SC discusses
Supreme Court while addressing an appeal expressed that,
Key characteristic of thumb impression is that every person has a unique thumb impression. Forgery of thumb impressions is nearly impossible.
Merely because the testator chose to append his thumb impression, adverse presumption on genuineness of the cancellation deed cannot be drawn.
Read More HERE
High Courts
Patna High Court
5-Judge Bench of Patna HC directs to demolish entire building of newly erected Waqf Bhawan constructed in close proximity of Centenary Building of the HC; Justice Ahsanuddin Amanullah dissents
A Special 5-Judges Bench had by the majority of 4:1, directed to demolish the entire building of newly erected Waqf Bhawan which was constructed in close proximity of the northern side of the newly inaugurated Centenary Building of the Patna High Court. The Court opined.
“The structure has been constructed in utter and brazen violation of provisions of law across statutes, starting from Section 32 of the Central Act, through the various provisions of the Municipal Act, and finally Bye-law 21, as discussed above, and must be held to be illegal and non-est from the word go.”
Read More HERE
Bombay High Court
Principle of “Equal Pay for Equal Work” does not operate in vacuum, it is not a fundamental right but a Constitutional goal depending on several factors
Addressing the seminal issue whether Minimum Competency Vocational Course (MCVC) Instructors are justified in claiming Pay Scale at par with the Full-Time Teachers in MCVC on the principle of “Equal Pay For Equal Work” which was enshrined in Articles 14 and 39(d) of the Constitution of India, the Bombay High Court expressed its view that,
The principle “Equal Pay For Equal Work” is not a fundamental right but a constitutional goal and entitlement to parity in Pay Scale would depend on several factors such as educational qualifications, nature of the job, duties to be performed, responsibilities to be discharged and experience. https://bit.ly/3sKRpEs
Bombay High Court
‘People would be starved of liberty of thought if…’: Know why Bom HC partly stayed IT Rules, 2021
While addressing the petitions challenging the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, Bombay High Court expressed that,
Dissent in democracy is vital.
People would be starved of the liberty of thought and feel suffocated to exercise their right of freedom of speech and expression, if they are made to live in present times of content regulation on the internet with the Code of Ethics hanging over their head as the Sword of Damocles.
Read More HERE
Delhi High Court
‘Tragic to note practicing advocates trivialising offence of rape’: Del HC reiterates SC’s stand on whether power under S. 482 CrPC be exercised for quashing offence of rape when parties compromise
It is tragic to note that practising advocates belonging to the legal fraternity are trivialising the offence of rape.
In a petition filed under Section 482 of Criminal Procedure Code for quashing the FIR registered for offences under Section 376 IPC, Delhi High Court observed that,
Rape is not merely a physical assault; it is often destructive of the whole personality of the victim. The act of rape has the ability to scar the mental psyche of the victim and the trauma can persist for years.
Read More HERE
Bombay High Court
Gangubai Kathiawadi | Can an adoptive son file for defamation of deceased mother?
The Bombay High Court has refused to grnat injunction against the much talked about movie Gangubhai Kathiawadi. The suit was brought by a person who claimed to be adoptive son of Gangubai, making allegations of defamatory content. The Court said that contents of defamatory nature against so-called adoptive mother of appellant died with her death.
Read More HERE
LEGISLATION UPDATES
Plastic Waste Management Amendment Rules, 2021
The Ministry of Environment, Forest and Climate Change, has notified the Plastic Waste Management Amendment Rules, 2021, which prohibits identified single use plastic items which have low utility and high littering potential by 2022. The Rules also provides for effective implementation of Extended Producer Responsibility.
Read More HERE
Essential Defence Services Act, 2021
The Central Government has notified the Essential Defence Services Act, 2021 on August 11, 2021. THE Act provides power to Central Government to prohibit strikes, lock-outs, and lay-offs in units engaged in essential defence services.
Read More HERE
Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) (Third Amendment) Regulations, 2021
The Amendment Regulations reduces the Lock-in period for promoter contribution from 3 years to 18 months
Read More HERE
Tamil Nadu Government reduces rate of VAT for sale of petrol
The Government of Tamil Nadu has reduced the VAT for sale of petrol. The Governor has issued the order for reduction of rate of tax payable by any dealer as per the Tamil Nadu Value Added Tax Act, 2006 on sale of petrol with or without additives from 15% plus Rs.13.02 per litre to 13% plus Rs.11.52 per litre.
Read More HERE
