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Legal Fortnight February 2021 Edition, Volume

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Legal Fortnight February 2021 Edition, Volume 1 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. Our best wishes to all these student contributors, for their future endeavors. Our best wishes and assurance to the readers that this will add a lot to the knowledge after reading this perfect case compilation. It’s not just for the legal fraternity but for anyone who has an interest in the field of law. Vrinda Khanna& Nandini Mangla (Associate) All India Legal Forum 2 PREFACE All India Legal Forum is replenished with information to give students a ready reference to the various areas of legal issues and news. All India Legal Forum is a team of more than 400 law students across the country to tackle basic problems which a legal researcher faces in day to day life, putting forward the basic things needed for researching and drafting. The All India Legal forum strives at providing a valuable contribution to contemporary legal issues and development. The organization seeks to bring out a platform to provide resourceful insights on law-related topics for the ever-growing legal fraternity. All India Legal Forum doesn't just publish blogs but also guides the authors. Determination and dedication are considered as ultimate requisition to be a good researcher by the All India Legal Forum, it also thrives to instill the values. The reason behind the smoothed running of All India Legal Forum is the official structure of the organization in which different rules are allotted by considering the strengths of the students and giving them roles accordingly through various Boards and Committees incorporated in the Organisation. The Legal Fort Night subdues about the current legal issues and news happening around. It consists of the summaries of the Supreme Court and High Court Judgements of the 14 days. The Legal Fort Night Team keeps compiling the judgments of the Supreme Court and high court regularly. The Legal Fort Night not only compiles the judgments of the Supreme Court and High Court, but it also deals with the static law. We’re glad to be a part of the All India Forum. Here’s an introduction to the team: Patron- in-Chief: Aayush Akar Editor-in-Chief: Shubhank Suman Senior Manager: Vrinda Khanna, Nandini Mangla External Manager: Deepti Internal Manager: Sakshi 3 Researchers: Nihar Ranjan das Bidisha pandita Shravani S.S.Surekha Rohan Zaveri Aditya Shrivastava Mayank Kulshrestha Samarth Jain Muskan Katyayan Hatia Anmol Soni Lubna Editors: Abhavya Rabra Afseen Priya 4 INDEX SUPREME COURT JUDGMENTS..........................................................6-47 HIGH COURT JUDGMENTS...................................................................................48-128 ARTICLES......................................................................................................................129-297 HISTORICAL DEVELOPMENT OF BANKS INTERNET BANKING RESERVE BANK OF INDIA RIGHTS AND DUTIES OF BANK CUSTOMERS BANKING SCHEME FOR RURAL AREA BANKS AND IT'S TYPES BANKER BANKING COMPANY AND BANKING COMPANIES IN INDIA BANKING SCHEME FOR RURAL AREA SPECIAL TYPES OF CUSTOMERS LIEN NEGOTIABLE INSTRUMENT BANKING OMBUDSMAN THE INTERNATIONAL ASSOCIATION FOR PROTECTION OF INTELLECTUAL PROPERTY (INDIA GROUP) VS. UNION OF INDIA 5 SUPREME COURT JUDGMENTS CONSTRUCTION OF 138 PROJECT APPROVED ON FOREST LAND Environmental activists are in a state of dismay after the Supreme Court, gave the go-ahead to utilizing “614 hectare forest land” which would be used for 138 governmental projects, moreover, an additional 122 hectares of forest land could be used for 289 other projects, provided there is compliance with certain conditions. The said land was in dispute for the past many years and had reached, through a previous order of the Supreme Court, to its Green Bench. The Green Bench is a bench of Supreme Court judges, specifically set up to take up and permit matters related to environment and its related contemporary issues. As per the order, the said land covers the use of forest area for “construction of an Indian Institute of Technology, a degree college, schools, hospitals, roads, community and anganwari centres and other development projects”. Along with these permits, a 1337 Cr. “Green corridor National Highway” project and a 61.5 Cr. “two-lane NH 20A” project were also given the green signal. 5 DAY INTERIM BAIL GRANTED TO JOURNALIST SIDDIQUE The Journalist, Mr. Siddique Kappan who was arrested, while on his way to cover the Hathras Gang Rape and Murder Case, was given an interim five day bail to visit his “ailing mother”. The bench headed by Chief Justice Bobde clearly stated that the journalist would not give “any interview to any media” channel or on any social media platform. The journalist was also restricted from meeting “any members of public” except for his relatives and his mother’s doctors. The court further clarified that Siddique would be under police guard and the UP Police would be taking him to his mother’s house but wouldn’t “accompany him when he meets his 90- year-old mother”. 6 Kappan, a journalist for a Kerala-based newspaper, was arrested by the UP Police in October 2020 along with three other journalists. They were later “booked on charges of sedition and the Unlawful Activities (Prevention) Act and were remanded to judicial custody” for having links to the “Popular Front of India”. On behalf of the state government, an affidavit was filed in the Cupreme Court “claiming that Kappan was going to Hathras under the "garb of journalism" with a very determined design to create caste divide and "disturb law and order situation." MADHYA PRADESH FREEDOM OF RELIGIOUS ORDINANCE, 2020 CHALLENGED IN SC A new ordinance passed by the Madhya Pradesh State governor called as the “Madhya Pradesh Freedom of Religious Ordinance, 2020” was challenged in the Supreme Court on grounds of being in violation of the citizens’ fundamental rights under Art.14,19 and 21. The said ordinance was brought in to supposedly stop “forced conversions” and/or “love jihad” in the state. However, the petitioners, in their prayer, request the court to direct the government to produce the documents/data on the basis of which such an Ordinance was promulgated. The petitioner further says “It is unfortunate that the political and communal gimmick of ‘Love Jihad,’ which was earlier solely confined to the ‘Us vs Them’ narrative espoused by fake- propaganda machines, political rallies and societal fringes, has manifested itself as a legislation.” The Ordinance allegedly “Wounds and mauls individuals' rights” related to equality before law, freedom of speech and expression and the right to life and personal liberty by “criminalizing conversions by marriage” through section 3 of the Ordinance. The ordinance not only violates the individual’s freedom and right to marry any person and practice any religion but also in some ways, the right to privacy, equality before law and freedom of choice too. 7 With regard to the intent behind the said Ordinance, the petitioner claims that “...legitimate State aim, ensures that the nature and content of the law which imposes the restriction falls within the zone of reasonableness, which is a guarantee against arbitrary State action. The pursuit of a legitimate State aim ensures that the law does not suffer from manifest arbitrariness. That importantly, the State aim is to be inferred from the law through with State imposes restriction. This test is premised on checking the veracity of the concerned law.” They also contend that “it is apparent that is no available data for something as imaginary as the ‘conspiracy theory’ and hoax of ‘Love Jihad.’ Manifestly, no such urgent situation existed and it was not a fit case for an Ordinance to be issued.” They also state that the said Ordinance is a typical textbook case of “blatant abuse of the powers vested under Article 213 of the Constitution” On the above mentioned grounds, the petitioner seeks a direction to be passed by the Supreme Court to hold the said Ordinance as illegal and void. GIVE STATEMENT ON OATH FOR PROTECTION OF DATA: SC TO WHATSAPP In the latest development in the matter of data processing and data and WhatsApp’s policies regarding the same, the Supreme Court of India in a matter before it ordered WhatsApp “to make a statement on oath” that the privacy of individuals is secure and there is no sharing of data to third party (other companies). The Court told WhatsApp that “People have grave concern about loss of privacy. You (WhatsApp) may be a two trillion or three trillion company, but people value their privacy more than your money. It's our duty to protect people's privacy”. The court also asked the company to clarify their position on a certain doing the rounds on social media, regarding sharing/selling of personal messages among companies under the veil of data collection. The application filed by the petitioner prays to “order WhatsApp not to go ahead with its new policy till the Constitution Bench decides on it or the Centre comes up with Data Protection law”. However, the lawyer representing Whatsapp, Mr. Kapil Sibal, denied any sharing of “sensitive” personal data and highlighted the fact that the issue is still pending in the Delhi high Court. 8 DO NOT INSIST ON PENALTIES FOR APPEAL IN NDTV PROMOTERS’ CASE : SC TO S.A.T. The Supreme Court, in the Prannoy Roy (Insider Trading) Case has ordered the Securities Appellate Tribunal to “hear the appeals and not to insist on the precondition of deposit to hear their appeals (deposit for the penalties imposed by SEBI for insider trading.
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