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Simran Ablaze IAS ACADEMY SCO 226 Sector 36-D Chandigarh, Tel 9779190222 ,9988210461 Simran Ablaze IAS ACADEMY SCO 226 Sector 36-D Chandigarh, Tel 9779190222 ,9988210461 www.simranias.com Judiciary July Month Currents The Court should not only consider the accused but also the society at large: SC In Suryakant Baburao vs. State of Maharashtra, the High Court reduced the sentence of imprisonment from seven years to five years to an 'attempt to murder' accused. Disagreeing to which, the Supreme Court of bench comprising Justice R. Banumathi and Justice AS Bopanna observed that "The courts must not only keep in view the right of the accused, but must also keep in view the interest of the victim and society at large. The courts have been consistent in the approach that a reasonable proportion has to be maintained between the gravity of the offense and the punishment. While it is true that the sentence imposed upon the accused should not be harsh, the inadequacy of sentence may lead to the sufferance of the victim and the community at large." Tiple Talaq Bill passed in Rajya Sabha After intense discussion and debate of nearly five hours, the Rajya Sabha passed the "Muslim Women (Protection of Rights on Marriage) Bill 2019", generally known as Triple Talaq Bill. The Lok Sabha had passed the Bill on July 25 with 303 'yes' votes against 82 'no' votes. The Rajya Sabha Chairman Venkaiah Naidu declared the Bill passed with 99 'yes' votes and 84 'no' votes. BSP, TRS, TDP, JD(U) and AIADMK abstained from voting. The Triple Talaq Bill passed in last year's winter session during December 2018 had got lapsed as the Rajya Sabha did not clear it before the dissolution of 16th Lok Sabha. Legal Representatives of a deceased tenant are allowed to re-entry in reconstructed building: Allahabad HC Allahabad High Court bench of Justice Dr. Yogendra Kumar Srivastava petition filed by Petitioner-landlord, the Allahabad High Court upheld the order of District Collector, allowing the substitution of the Respondents as legal representatives of the deceased-tenant under Section 24(2) of the U.P. Act No.13 of 1972 (the Act). The question which arose before the court was whether the legal representatives of the deceased tenant were entitled to get themselves substituted to pursue the application moved by the "original tenant", seeking re-entry under Section 24(2) of the Act. The rule of heritability extends to statutory tenancy of commercial premises as much as to residential premises. Any person who represents the tenancy or intermeddles would be a legal representative and could be substituted in place of the deceased-tenant, the court said. Sanjay Bharadwaj vs. Dinesh Chandra Gupta The court must state reasons while granting bail: SC reiterated The Supreme Court bench comprising Justice Abhay Manohar Sapre and Justice Indu Malhotra in case of Mauji Ram vs State of Uttar Pradesh has observed that bail cannot be granted without assigning any reason as to on what grounds, even though of a prima facie nature, it is considered just and proper to grant bail. The bench observed that “Though it may not be necessary to give categorical finding while granting or rejecting the bail for want of full evidence adduced by the prosecution as also by the defence at that stage yet it must appear from a perusal of the order that the Court has applied its mind to the relevant facts in the light of the material filed by the prosecution at the time of consideration of bail application.” Mere existence of alternate forums, where the aggrieved party may secure relief’ does not create a legal bar on a High Court to exercise its writ jurisdiction: SC The Supreme Court bench of Justice Dhananjaya Y. Chandrachud and Justice Indira Banerjee in Maharashtra Chess Association vs. Union of India has observed mere existence of alternate forums where the aggrieved party may secure relief does not create a legal bar on a High Court to exercise its writ jurisdiction. The issue was whether a private agreement entered into by the parties in the form of the Constitution and Bye Laws can oust the writ jurisdiction of the High Court under Article 226 of the Constitution. The bench said that, ‘The existence of an alternate remedy, whether adequate or not, does not alter the fundamentally discretionary nature of the High Court's writ jurisdiction and therefore does not create an absolute legal bar on the exercise of the writ jurisdiction by a High Court. The decision whether or not to entertain an action under its writ jurisdiction remains a decision to be taken by the High Court on an examination of the facts and circumstances of a particular case. NCW took suo-moto cognizance in rape victim accident case; accused BJP MLA booked by UP police. The National Commission for Women took suo-moto cognizance of the so-called accident of the infamous Unnao Rape Case victim. on July 29, 2019 victim’s car was hit by a truck in the Rae Bareli area, injuring the victim and her lawyer and killing two of her aunts. The rape victim had, in 2017, accused an MLA of sexually assaulting her and the related proceedings are still pending. BJP MLA from Unnao Kuldeep Singh Sengar, who faces charges of gang rape, was booked for criminal conspiracy and murder in connection with the accident in which the survivor and her lawyer were seriously injured, while her two aunts were killed when a truck rammed the car they were travelling in. The FIR against Sengar was lodged at the Gurbakshganj police station in Rae Bareli on a complaint from the survivor’s uncle who has been in prison since February. Allahabad HC ordered transfer of Judge who humiliated police constable for not giving passage to his car. After Additional Chief Judicial Magistrate Santosh Kumar Yadav, Agra allegedly asked a police constable to remove his uniform in court as punishment for not giving passage to his car, the Allahabad High Court ordered his transfer. Ghure Lal, the 58-year- 1 Simran Ablaze IAS ACADEMY SCO 226 Sector 36-D Chandigarh, Tel 9779190222 ,9988210461 www.simranias.com old constable driver who served in the force for 38 years, was ferrying two undertrials along with three cops to the court in a police van on Friday morning. Ghure Lal failed to give Additional Chief Judicial Magistrate's car a pass, which is why the judge humiliated him in court. The transfer was ordered after the Agra SSP forwarded a report on the incident to the state DGP and senior judicial officers at the Allahabad HC. Foreign Banks are barred from hiring recovery agents: Kerala HC The Kerala High Court division bench of Justices K. Vinod Chandran and V. G. Arun has held that foreign banks or financial institutions cannot engage recovery agents in India to realize loan amounts defaulted by expatriates. The bench reasoned that the guidelines and master circulars issued by the Reserve Bank of India recognized recovery agents only for Indian banks and Foreign Banks have to follow the legal measures for recovery. The Court said: "The engagement of recovery agents by foreign banks and financial institutions for realising the defaulted amount through threat, coercion and duress cannot, under any circumstance, be permitted". SUSHEELA vs. DGP Thiruvananthapuram, Kerala SC issued notice hearing a plea seeking protection of identity of accused in Sexual offences The Supreme Court bench headed by Justice S. A. Bobde issued notice on a plea seeking the protection of identity, reputation & integrity of individuals, allegedly accused of "Sexual Offences", till completion of the investigation into the "truthfulness" of such allegations. Supreme Court was hearing the petitions filed by the Youth Bar Association and Advocate Reepak Kansal. The petition says “due to the fast-changing nature of the society and easy access to the social media, people nowadays jump into their own conclusion based on the news without exercising independent and critical analysis.” Offense of abetement of suicide may be constituted if the accused are involved in diminishing self-respect of victim Supreme Court bench of Justice Abhay Manohar Sapre and Justice Dinesh Maheshwari has observed that if the accused is found to have played in an active role in tarnishing the self-esteem and self-respect of the victim, which eventually draws the victim to commit suicide, he can be held guilty of abetment of suicide. Supreme Court affirmed the conviction of the accused Hem Karan alias Hemla, Ude Singh, Manoj and Daulat Ram, who drove a young girl to suicide. Examining the facts of the case, the bench concluded that the accused persons had intentionally, with their incessant acts and utterances, goaded the victim girl to commit suicide. UDE SINGH & ORS. VS STATE OF HARYANA Punjab and Haryana High Court has banned the use of loudspeakers without permission of authorities The Punjab and Haryana High Court has banned the use of loudspeakers or public address systems in private and public spaces, including religious places, in the two states without the written permission of authorities. The division bench of Justices Rajiv Sharma and Harinder Singh Sidhu directed the two states and Chandigarh to ensure that loudspeakers, public address systems, musical instruments and sound amplifiers are not played at night except in auditoria, conference rooms, community halls, banquet halls as per norms laid down under the Noise Pollution (Regulation and Control) Rules, 2000. B.S. Yediyurappa was sworn in as chief minister for a fourth time B.S. Yediyurappa took oath as Chief Minister of Karnataka, succeeding H.D. Kumaraswamy three days after the Congress-JD(S) coalition government crumbled under the weight of a rebellion by a big chunk of its lawmakers.
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