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FOREWORD

More has been said about the writing of lawyers and judges than of any other group, except, of course, poets and novelists. The difference is that while the latter has usually been admired for their writing, the public has almost always damned lawyers and judges for theirs. If this state of affairs has changed in recent times, it is only in that many lawyers and judges have now joined the rest of the world is complaining about the quality of legal prose.

My best wishes to all these student contributors, for their future endeavors. My best wishes and assurance to the readers that this will add a lot to the knowledge after reading this Judiciary notes. It’s not just for the legal fraternity but for anyone who has an interest in the field of law.

- By Vrinda Khanna, Associate, All India Legal Forum

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PREFACE

May there be Peace in Heaven, May there be Peace in the Sky, May there be Peace in the Earth, May there be Peace in the Water, May there be Peace in the Plants, May there be Peace in the Trees, May there be Peace in the Gods in the various Worlds, May there be Peace in all the human beings, May there be Peace in All.

PEACE, PEACE, PEACE.

Our age-old culture prays for peace and happiness for one and all. Family is the first and oldest social group. It has played an important role in the stability and prosperity of the civilization. Almost everything of lasting value in humanity has its roots in the family. Peace and harmony in the family are important for the all-round development of children. This Compilation of Judiciary notes by All India Legal Forum is aimed at bringing about desired sensitivity in all duty holders. We’re glad to be a part of the All India Forum. Here’s an introduction to my team:

◆ Patron- in-Chief: Aayush Akar

◆ Editor-in-Chief: Shubhank Suman

◆ Senior Manager: Vrinda Khanna

◆ Manager: Shree Latha Sampat

◆ Researchers:

 Elamathy. S

 Yash Sharma

 Aastha Miglani

◆ Editors: Livya P. Lalu

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DISCLAIMER

Team AILF India has made all efforts to summarize the Judiciary notes retrieved from AIR and SCC. In some cases, the team has tried to summarize cases from the available sources as they could not find original ones.

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INDEX

◆ CURRENT AFFAIRS…………………….….….………………...………..…6

◆ SPORTS NATIONAL NEWS………..…………..……..……………………12

◆ STATIC GK………………..…………………..….…….……………………15

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CURRENT AFFAIRS

1) Onus is on Pakistan: India reacts to pak Army chief’s call for resolving Kashmir issue peacefully.

● Pakistan Army Chief General Qamar Javed Bajwa had earlier stated, “Pakistan and India must resolve the longstanding issue of Jammu and Kashmir in a dignified and peaceful manner as per the aspirations of people of Jammu and Kashmir”.

● India said that the onus was on Pakistan to create a terror – free environment for “normal neighborly relations”.

● The Bajwa stated that Pakistan stands “firmly committed to the ideal of mutual respect and peaceful co-existence”. It is time extend a hand of peace in all directions. However, we will not allow anybody or entity to misinterpret our desire for peace as sign of weakness, he added.

● India’s response was to reiterate that it was up to Pakistan to take the first step. “Our position is well-known. India desires normal neighbourly relations with Pakistan in an environment free of terror, hostility and violence. The onus is on Pakistan for creating such an environment”, said by Ministry of External Affairs.

2) Farm Laws: US says access to internet, peaceful protest are ‘hallmarks of a thriving democracy’.

● A day after the Indian government organised an online campaign against by foreign celebrities, the US has stated that peaceful protest and unhindered access to the internet are a “hallmark of thriving democracy”.

WHY IN NEWS?

● The Indian Ministry of External Affairs had issued a strong criticism of celebrities like US singer Rihanna and niece of the US President, Meena Harris. The US embassy spokesperson in Delhi too issues the identical statement, with an addition – “these are private citizens expressing their points of view. I don’t have comment on remarks from private citizens”.

● After her, environmental activist Greta Thunberg and other celebrities also claimed in with their concern about the restrictions.

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● The Indian’s Ministry of External Affairs came out with a detailed statement against the “foreign individuals and entities on the farmers protest”. It listed the advantages of the three farm laws and claimed that they were passed by parliament after “full debate and discussion”.

● The MEA said that, before rushing to comment there must proper understanding of the facts and issues. The temptation of sensationalist social media hashtags and comments, especially when resorted to by celebrities and others, is neither accurate nor responsible.

● The MEA statement also alleged that “vested interest groups” were trying to impose their agenda on the protests and were behind the violence on Jan 26 and the damage to Gandhi statutes in the US.

● While the statement also noted that the government has held a series of talks with the protesting farmers, the MEA press note was silent on the internet blackout.

● Unusually, the MEA had used two hashtags with the statement – “India Together” and “India Against Propaganda.”

3) Myanmar Military is Back in Power, But for How Long?

● The Junta Chief pledged to hold elections, but activists doubt the military will step down after one-year state of emergency ends.

● The military is back in power in Myanmar after a coup less than a decade after it launched a transition to democracy to end nearly half a century of direct army rule and international isolation.

● The military pledged to stick to its 2008 constitution and return power via a free and fair election but set no clear time frame. Economist say the coup spook foreign investors and hit international development support, with the threat of a return of sanctions that made Myanmar among the world’s poorest countries.

JUSTIFICATION:

● The army said the administration had refused to act against “terrible fraud” in a November 8, 2020 general election, which was won overwhelmingly by Suu Kyi’s National League for Democracy (NLD) party. The military said it took power “to perform scrutiny of the voter lists” and the coup would protect democracy.

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● The military justified its coup within the parameters of the constitution, using a clause that allows for power to be transferred by the President to the armed forces chief in a state of emergency declared to address threats to the nation.

4) UK is scheme for Hong Kong Residents.

● Recently, the UK has launched a special visa scheme that will allow the Hong Kong residents a chance to migrate and eventually apply for British Citizenship.

● The move came months after china imposed a national security law over Hong Kong enabling it to curb the 2019 pro-democracy like protests in future and also to override the powers of the government in Hong Kong.

● The move is considered the UK’s most generous welcoming of foreign workers since the entity of new European Union (EU) citizens in 2004 – when 10 countries were added to the bloc – at a time when the UK was also a member. The UK officially left the EU on 31st January 2020.

WAY FORWARD:

● The present visa regime will enable the people of Hong Kong to evade the secretive, authoritarian and coercive actions of china under national security act, however long term solutions can be attained by arbitration and conciliation with all the stakeholders to secure the interests of people of Hong Kong.

● National security law endangers Hong Kong’s position as an East Asian trading hub, and along with the UK’s action it should invite global criticism for Beijing, which is already being accused of withholding key information related in the Covid –19 Pandemic.

5) East Container Terminal (ECT), Colombo port.

● Reneging in a 2019 agreement with India and Japan, Sri Lanka has decided to develop the strategic ECT at the Colombo Port on its own.

● This development is a matter of great concern for India as: ⮚ 70% of the transshipment business at ECT is linked to India. ⮚ ECT is located along one of the world’s key shipping lanes.

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⮚ Further, ECT is also located next to the Colombo International Container Terminal 85% stakes which is owned by China.

6) NATO urges Taliban to end violence:

● NATO Secretary General Jens Stoltenberg on Thursday (04.02.2021) urged the Taliban to honour commitments to reduce violence and cut less to terror groups, as the alliance weighs withdrawal from Afghanistan.

● Defence Ministers of the grouping are to discuss whether NATO’s 10,000-strong mission should stay or go later this month.

7) West Bengal govt allows reopening of sporting complexes, stadiums, swimming pools. All stadiums, swimming pools and sporting complexes outside of containment zones are set to reopen in West Bengal, with the state government having given its green signal on Wednesday. According to a government notification, sporting complexes, pools and stadiums have been allowed to operate at full capacity with immediate effect for outdoor events, provided they follow basic COVID-19 protocols, such as maintenance of social distance and use of masks.

8) Delhi govt to help trace farmers missing from protest sites: CM Kejriwal. Delhi Chief Minister Arvind Kejriwal on Wednesday said his government will help trace the farmers missing since the January 26 violence and if the need arises, he will approach the Lieutenant Governor and the Centre. Kejriwal said that the Delhi government has also released a list of 115 persons lodged in different jails here in connection with the January 26 violence during the farmers’ tractor rally. We are releasing a list of 115 protesters who were arrested by police in relation to the Republic Day incident and are in different jails in the city. Our government will make every effort to trace the protesters who are missing and I will even speak to the Lt Governor and the central government if the need arises,” he said at a press conference..

9) Committee formed to suggest reforms in criminal laws, govt tells Parliament. The Centre has set up a committee to suggest reforms in criminal laws and sought

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suggestions from state governments, courts and bar councils, Rajya Sabha was informed on Wednesday. Union Minister of State for Home G Kishan Reddy said the committee set up to suggest reforms in the criminal laws is headed by the Vice Chancellor of the The Ministry of Home Affairs has also sought suggestions from States, Union Territories, Supreme Court, High Courts, Bar Council of India, Bar Council of States and various Universities and Law Institutes on comprehensive amendments in Criminal laws.The suggestions received and the report of the Committee are subject to examination by the Ministry of Home Affairs in consultation with all stakeholders,” he said in written reply to a question.National Law University, Delhi.

10) Desecration of temples in Andhra Pradesh raised in Rajya Sabha. A BJP member raised the recent spate of attacks on Hindu temples in Andhra Pradesh in Rajya Sabha on Wednesday and demanded that the Union Home Ministry seek a report from the state. Raising the issue through a zero-hour mention, GVL Narasimha Rao of the BJP said more than 140 incidents of attacks on Hindu temples have taken place in Andhra Pradesh. Stating that there has been a spate of attacks on Hindu temples in the state, he said there have “either (been) attacks or some kind of activities which cause grievous harm to the sacred nature of places of worship.”

11) Stand-up comic Munawar Faruqui released from jail, says he has complete faith in laws and judiciary. Comic Munawar Faruqui was released from Indore prison on Thursday night following ad-interim bail by the Supreme court a day earlier. He was arrested with five others for hurting religious sentiments on January 2. Earlier on Saturday, the Indore jail authorities said they are yet to receive any orders from the Supreme Court regarding the comedian’s release. They added that Faruqui’s bail was in connection with the case lodged against him in the Madhya Pradesh case and that he he was yet to get relief in the case lodged against him in Uttar Pradesh’s Prayagraj. However, he was released later in the day following a call from a judge of the Supreme Court.

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12) Punjab and Haryana HC rejects appeal made to Chief Justice to transfer case to another judge. The Punjab and Haryana High Court has rejected the appeal made to the Chief Justice to decide on a letter demanding the transfer of a case to another judge, due to allegations of discrimination. The High Court had said that doing so would interfere with the work of the Chief Justice. Richa Singh, a resident of Gurugram, has a case of marital dispute under consideration in the High Court. In January 2020, Singh wrote to the Chief Justice alleging charges of discrimination against the Judge under whom her marital case was pending and requested the transfer of the case to another judge.

13) Himachal Pradesh HC rejects bail plea of man accused of raping minor girl. The Himachal Pradesh High Court has rejected the bail plea of a man accused of raping a 13-year-old girl. The accused had contended that the victim had sent a friend request to him and the victim made her account on Facebook itself, so she should be considered above 18 years of age. The counsel for the accused also argued that the victim consented with the accused. Hearing the case, Justice Anoop Chitkara said people use social media for networking, knowledge and entertainment, not for sexual exploitation and mental abuse. The court further said that most of the youth are present and active on social media platforms today. Therefore, it is not uncommon to create new social relations by sending a friend request to the youth. It does not mean at all that children who create social media accounts do so for the pursuit of sex or with the intention of receiving such invitations.

14) Chakka Jam BKU chief Rakesh Tikait says protests not held in Delhi, UP, Uttarakhand because they knew of plans to foment violence. The 3-hour nationwide chakka jam called by farmers has ended. In a bid to amplify their protest against the Centre’s three farm laws, the farmers held a three-hour chakka jam across the country except in Uttar Pradesh, Uttarakhand, and Delhi. Authorities, however, are still taking precautions. Around 50,000 police, paramilitary, and reserve forces personnel have been deployed overall in the Delhi-NCR region while at least 10 metro stations have been shut, the police have said.

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SPORTS NATIONAL NEWS

1) Anshu Malik grabs the silver medal at individual wrestling world cup held in Belgrade, Serbia

A 19-year old Indian wrestler, Anshu Malik won silver medal in individual wrestling championship held in Belgrade, Serbia under 57 kg category. She is the first person who has claimed an international medal in this tournament. In the final, she was defeated by Moldovan freestyle wrestler Anastasia Nichita by 5-1. She also became the first wrestler of the country to finish at a podium position in such a tournament.

2) Men’s T20I team of the decade announced by ICC

International Cricket Council (ICC) announced T201 men’s Team of the Decade. Four Indian players were included in the team namely Mahendra Singh Dhoni, Virat Kohli, Rohit Sharma and Jaspreet Bumrah. MS Dhoni being named as the captain. Manu Sawhney is the current chief executive of ICC appointed on 1 April 2019. ICC is headquartered in Dubai, United Arab Emirates.

3) Break dancing gets Olympic status

The International Olympic Committee officially added street dance battles to medal program at 2024 Paris Games. It was proposed by Paris organizers two years ago after positive trials at 2018 Youth Olympics in Buenos Aires. Along with breakdancing, skateboarding, sport climbing and surfing were also confirmed by Paris IOC executive board. President of IOC is Thomas Bach and IOC is headquartered in Lausanne, Switzerland. It was established in the year 1894.

4) Four Indigenous games to be included in Khelo India Youth India Youth Games 2021

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Gatka, Kalaripayattu, Thang-Ta and Mallakhamba are the four Indigenous Games that were approved by the sports ministry to be a part of Khelo India Youth Games 2021 which is scheduled to take part in Haryana. Kiren Rijiju is the Minister of Youth Affairs and Sports. The first event of Khelo India Youth Games held in 2018. Its headquarters are in New Delhi.

5) Amit Panghal and Satish Kumar wins gold and silver at Cologne

Amit Panghal won Gold medal in 52 kg category and Satish Kumar won Silver medal in +91kg category at boxing world championship, Cologne. Pinghal was given a walkover by Germany’s Arghishti. Satish Kumar was defeated by Germany’s Nelvie Tiafack. India bagged total of 9 medals and was placed second in overall medals list. Germany topped the list with 16 medals. The even was hosted by European Boxing Confederation (EUBC).

6) Yogasana recognised as competitive sport in India

Yogasana is an integral component Yoga and hence, it was given formal recognition by Ministry of AYUSH and Ministry of Youth Affairs and Sports as a competitive sport. Yoga has been a part of Indian culture since Indus-civilisation in Northern India over 5000 years ago.

7) Four-time Olympic champion Mo Farah on tackling racism in sport, and his hopes for the Tokyo Games

Speaking in the latest episode of CNBC’s “The Leadership League,” the internationally-acclaimed track star said it was important to teach his own four children about racism. “It’s really important I’m honest with my kids and continue to educate them,” Farah said. Farah catapulted onto the world stage after winning gold medals in both the 5,000m and 10,000m race events on his home turf at the London 2012 Olympic Games. It’s important for us to stand up and to continue to do the work we do

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and give people hope, and continue to change, and I think it is changing… but in everything, you will find challenges,” Farah said.

8) Desperate sports bettors are turning to table tennis and presidential debates as cancellations drag on U.S. sportsbooks are taking hundreds of millions less in bets as live sports come to a standstill. Online bookmakers like DraftKings are getting more creative to keep people on their platform. Bookmakers have prepared three times as many NFL Draft bets a usual and expect a fivefold jump in wagers as gamblers look for bets. Sports may no longer be blaring on television screens across the country, but that’s not deterring some gamblers from placing bets on anything that they can get odds on – table tennis, comments made during presidential debates, even video game sports competitions. There is ‘pent-up demand’ for live sports content amid the pandemic. Pent-up demand among fans for live sports content could lead to “incredible viewing figures” of broadcasts amid the coronavirus pandemic, says David Lampitt of Sportradar. He also says there could be an oversupply of such content “compressed” into the second half of 2020 if the outbreak eases and matches resume.

9) Postponing the Olympics will hurt Japan ‘a lot’: Economist Martin Schulz of Fujitsu Research Institute talks about the effect of potentially delaying the 2020 Tokyo Games, and how it will further complicate the Abe government’s effort to stimulate demand in the Japanese economy.

10) Euro 2020 soccer tournament postponed until 2021 due to coronavirus pandemic. It comes after UEFA president Aleksandra Ceferin had organized a video conference meeting for all 55 of the group’s associations Tuesday morning. The powerbrokers of European soccer were tasked with finding a solution to one of the biggest challenges facing the sport in modern times. The Union of European Football Associations (UEFA) has postponed the Euro 2020 soccer tournament to June 2021 as a result of the coronavirus pandemic, according to the Norwegian Football Association. It comes after UEFA president Aleksander Ceferin had organized a video conference meeting for all 55 of the group’s associations Tuesday morning.

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STATIC GK

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25 DECEMBER - GOOD GOVERNANCE DAY

It is celebrated to commemorate birth anniversary of former Prime Minister Atal Bihari Bajpayee. The day was recognised so in 2014 to honor Prime Minister Vajpayee by fostering awareness among the Indian people of accountability in Government.

Theme for 2020: History significance- All you need to know

4 JANUARY – WORLD BRAILLE DAY

Braille Day is celebrated internationally to aware people about the importance of braille as a means of communication in the full realisation of of the human rights of visually impaired people. It marks the birth of Louis Braille, the creator of braille script. It was celebrated for the first time in 2019.

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