SC directs Registry to stop referring to Trial Courts as Lower Courts
Record of the Trial Court should be referred to as the ‘Trial Court Record’ and not ‘Lower Court Record’.
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HIGH COURT FEBRUARY 2024 WEEKLY ROUNDUP| Stories on Sexual Abuse of Wife; Arbitral Awards; National Commission for Scheduled Caste; Gyanvapi Mosque; Manual Scavengers and more
A quick legal roundup to cover important stories from all High Courts this week.
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Supreme Court clarifies stay on MoEFCC’s office memoranda permitting ex post facto environmental clearance
“The order dated 02-01-2024 will not come in the way of competent authorities considering proposals for modifications/alterations in the environmental clearance if the area of the projects had a valid environmental clearance prior to 07-07-2021.”
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SC disapproves NGT’s frequent ex-parte orders; says ‘a beacon of environmental protection must balance between justice and due process’
“The Tribunal must tread carefully to avoid the oversight of propriety, the practice of ex-parte orders and the imposition of damages amounting to crores of rupees.”
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Special Courts can try cases of former and sitting MPs/MLAs irrespective of their status at the time of commission of offences: Manipur HC
“The Special Courts for MPs/ MLAs have jurisdiction to try all cases against the former and sitting MPs/ MLAs, even if the offence were committed prior to becoming a legislature or as a sitting legislature or after demitting office.”
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POCSO| Supreme Court sentences 45-year-old man to 30 years imprisonment for raping 7-year-old girl in temple
A fine of Rs. One Lakh was imposed on the victim to meet the medical expenses and rehabilitation of the minor victim.
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[PASA, 1985] Mere registration of FIR cannot have nexus with breach of maintenance of public order; Gujarat HC quashes preventive detention order against step-father
A detention order was passed by the Police Commissioner, Surat, against the victim’s step-father and was detained under the Gujarat Prevention of Anti-social Activities Act, 1985 as a sexual offender for disturbing the ‘public order’.
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SC upholds Karnataka HC’s decision granting 15% interest on belated refund of Duty Drawback to Civil Construction under Exim Policy 1992-1997
“The benefit of duty drawback would take effect from the date of enforcement of the Exim Policy and in case of belated refund of duty drawback, interest rate fixed by the Central Government at the relevant point of time is applicable”.
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When does hiring of motor vehicles give rise to transfer of right to use any goods and amount to sale under Art. 366 (29A) (d)? Supreme Court answers
“Clause 29A(d) of Article 366 of the Constitution of India refers not to the transfer of property in the goods to the buyer but to the transfer of the right to use any goods for any purpose for consideration.”
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[S. 106 Evidence Act] For shifting burden of proof on accused to explain death, prosecution must give clear and cogent evidence: Orissa HC
‘Section 106 of Evidence Act never relieves the prosecution from establishing prima facie guilt of the accused beyond all reasonable doubt, only when the same is established, the burden would shift to the accused.’
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Delhi Court allows Manish Sisodia to meet his ailing wife once a week
Manish Sisodia met his wife last on 10-11-2023 and sought permission from the Court to meet his wife twice a week at his residence.
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Identification of private forests in Goa| ‘No uniform criteria due to distinctive geographical features’; SC holds existing criteria valid
The identification of forests in Goa is based on forest tree composition, canopy density and minimum area.
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Omission to label demolition notice with provision under which it was issued would not make it nugatory if substance clearly stated: SC
‘Eviction proceedings under Section 16(1)(i) and (k) of the Maharashtra Rent Control Act, 1999 have different degrees of urgency, the former has a lesser degree of urgency than later, and it is within the jurisdiction of the Court to test this factor.’
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‘Rs. 500-900 per month is paltry’; Orissa HC directs State Government to reconsider pension for disabled persons
A pension of Rs. 500 to Rs. 900 per month is being given by the State Government to persons with disability, under the State sponsored Scheme Madhu Babu Pension Yojna as per their eligibility.
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Highlights of Interim Budget 2024; Fiscal deficit in 2024-25 estimated to be 5.1 per cent of GDP: Finance Minister
The interim budget 2024 contained strategies indicating approach for making India Viksit Bharat by 2047. No changes proposed in indirect and direct taxes.
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‘Constitutional Courts monitor functioning of environmental bodies to protect environment and ecology’; SC lays down Guidelines for effective functioning of authorities
The Supreme Court gave directions to the Central Empowered Committee, entrusted with monitoring and compliance of the orders of the Supreme Court on Environment, to promote transparency and efficiency in its functioning.
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No acceptance of deposits and other banking services after 29 February; RBI imposes additional curbs on Paytm Payments Bank
The restrictions came after persistent non-compliances and continued material supervisory concerns in Paytm Payments Bank Ltd.
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“Practice of mentioning caste or religion of litigants should be shunned and ceased”: Supreme Court
“The caste or religion of parties should not be mentioned in the memo of parties of a petition/proceeding filed before the Court, irrespective of whether any such details have been furnished before the Courts below.”
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‘File affidavit on Internal Complaints Committee’s mechanism ensuring no manual intervention or pressure’: Gujarat HC to GNLU in sexual harassment case
GNLU was directed to disclose the measures taken by the ICC to ensure that the complaints lodged before the Committee reach them without any manual intervention or external pressure.
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Read why Orissa HC altered brother’s conviction from S. 307 to S. 326 IPC for shooting arrow at brother and causing grievous injury
“The ‘intent’ under Section 307 of the IPC cannot be determined solely by the severity of the harm done to the injured.”
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