SCC Online Weekly Rewind Episode 30th ft. Nilufer Bhateja

SCC Online Weekly Rewind Episode 30th ft. Nilufer Bhateja, Associate Editor is out now. The written episode along with the video episode can be watched and read below.

Supreme Court

Suraz India Trust Chairman Rajiv Daiya guilty of contempt

Coming down heavily upon a contemnor who has apparently “made a profession of filing public interest petitions” and then using dilatory tactics to evade payment of costs imposed on him, the Supreme Court has held that the power to punish for contempt is a constitutional power vested in this Court which cannot be abridged or taken away even by legislative enactment.

‘You are throwing mud at all and sundry, but we refuse to back off’. Read more here.

No more Tareekh pe Tareekh!

In an important verdict on justice delivery system, the Supreme Court has asked the courts to be very slow in granting adjournments. Noticing that many a times, the task of adjournments is used to kill Justice, the Court said that repeated adjournments break the back of the litigants and hence, the courts shall not grant the adjournments in routine manner and mechanically and shall not be a party to cause for delay in dispensing the justice. Read more here

Compromise cannot be the solitary basis for reduction of sentence

In a case where a compromise was reached between parties, 28 years after an incident left the victim crippled for life, the Supreme Court has said that compromise cannot be taken to be a solitary basis for mitigating the sentence until the other aggravating and mitigating factors also support the accused. The Court said that such a brutality cannot be ignored which is not against the individual but the crime is against the society which has to be dealt with sternly.

High Courts

Bombay High Court | POSH Judgments and Order to be delivered only in Chambers or in-camera, media disclosure forbidden: G.S. Patel, J. issues detailed guidelines

While addressing an issue revolving around the Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act, 2013 and Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Rules, 2013, the Bombay High Court laid down guidelines with an endeavor to anonymize identities of the parties.

Stating that it is imperative to protect the identities of the parties from disclosure, even accident disclosure Hence, the Bench laid down a working protocol in the form of guidelines for such hearings in the future. Read more

Bombay High Court | Custody of minor child, can it be determined on basis of work commitment of one parent and availability of ample time with another? Bom HC decides while determining question of custody, visitation rights and more

Stating that welfare of a minor cannot be determined on the sole parameter of the work commitment of one parent and availability of ample time with another, the Bombay High Court expressed that,

Courts often ensure that even if custody is given to one parent, the non-custodial parent has adequate visitation rights. Read more

Kerala High Court | Can the fact that minor rape victim attained majority and married the rapist lead to quashment of criminal proceedings? HC answers

The Kerala High Court held that the argument that now the victim of rape had attained majority and was living happily with the accused are not valid grounds or justifiable reasons for quashing criminal proceedings.

Court remarked,

“When rape is towards a child the gravity is all the more severe and excruciating as it may even low self-esteem, self-confidence and dignity of the child and that the psychic effect and impact would cause a devastating effect on the minor and result in far-reaching consequences.” Read more

Karnataka High Court | Kar HC directs State Government to provide text books in Braille for all special children (visual disabilities) positively within a period of 15 days from the date of order

In a PIL filed on behalf of children who are specially abled children in State of Karnataka, text books are not available in braille and even the books have not been uploaded on the website in PDF Form so that print out can be taken in braille, Considering the same, Karnataka High Court directed the State Government to provide textbooks in Braille for all specially abled children having visual disabilities within a period of 15 days. Read more.

Legislation Updates

SEBI issues circular for extension of timeline for Investment Advisors to obtain annual certificate from auditor

SEBI vide circular dated September, 2020 issued “ Guidelines for Investment Advisers” which prescribed timeline of six months from the end of each financial year for Investment Advisers (IA) to conduct annual audit in respect of compliance of SEBI (Investment Advisers) Regulations, 2013 (“IA Regulations”) and circulars issued thereunder. SEBI has issued a Circular to extend the timeline till December 30, 2021. Read more

Constitution (One Hundred and Fifth Amendment) Act, 2021 comes into force with effect from August 15, 2021

On September 15, 2021, the Ministry of Social Justice and Empowerment notified the date on which the provisions of Constitution (One Hundred and Fifth Amendment) Act, 2021 will come into effect. The said Act comes into force with effect from August 15, 2021. Read more

SEBI issues Risk Management Framework for Mutual Funds

The Securities & Exchange Board of India has revised the Risk Management Framework (RMF) for Mutual Funds vide circular dated September 27, 2021. The Circular provides a set of standards comprising the policies, procedures, risk management functions and roles and responsibilities of the management, the Board of Asset Management Companies (AMC) and the Board of Trustees. Read more.