Weekly Legal News Updates [5th October – 11th October 2020]

Weekly Legal News Updates from 5th October to 11th October 2020.

  • Jharkhand HC Grants Bail To Lalu Prasad Yadav

On Friday Jharkhand HC granted bail to RJD supremo Lalu Prasad in a fodder scam case related to fraudulent withdrawal of money from the Chaibasa treasury during his tenure as Chief Minister of Bihar and directed Lalu to pay fine of Rs 2,00,000 and submit two sureties of Rs 50,000 each. The bail was granted bail on the ground that Lalu has served half of the term of imprisonment awarded by the CBI court in the case.

Also Read: Shaheen Bagh Protests: The Public Places can’t be Occupied Indefinitely held SC

Also Read: The High Court of Karnataka has Quashed an FIR under Section 153A of the IPC

  • Bail Granted Under SC/ST Atrocities Act May Be Recalled/ Cancelled Under CrPC: MP HC

The Madhya Pradesh High Court (Gwalior Bench) has observed the scope of bail granted to an accused under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act and held that “High Court can entertain the application under Section 439 (2) of Cr.P.C. for cancellation of bail granted in exercise of powers conferred under Section 14-A(2) of Atrocities Act.

Case Name: Sunita Gandharva v. State of MP & Anr.

Case No. M.Cr.C.No. 22615/2020

Coram: HON’BLE JUSTICE ANAND PATHAK
Also Read: Registration of FIR not required on secret information: Karnataka HC

Also Read: NBSA Imposes Fine on 4 News Channels to Apologize for Insensitive Reporting and Sensationalizing the Death of Actor Sushant Singh Rajput

  • Procedure Under POCSO Act Prevails Over SC/ST Act: MP HC

    The Madhya Pradesh High Court (Gwalior Bench) has observed that, if both the Acts are taken into consideration where Special Protection, Remedies and Speedy Trial have been contemplated, it appears that POCSO Act is designed to a wider range of victims than the Atrocities Act. Since the procedure has been specifically provided, children of whatever background including the background from Scheduled Castes or Scheduled Tribes, the process of investigation and trial of the accused meanders through different specifically enacted provisions while taking into consideration the delicate mind of a child victim, his probable subjugation to secondary victimization and procedural safeguards appear to be extensively incorporated in the POCSO Act, but not in Atrocities Act.

Case Name: Sunita Gandharva v. State of MP & Anr.

Case No. M.Cr.C.No. 22615/2020

Coram: HON’BLE JUSTICE ANAND PATHAK

Also Read: The greater the office held, the greater the responsibility of the person: SC

Also Read: SC sets aside Allahabad HC order that permitted Former Union Minister Chinmayanand to access Victim’s Statement under Section 164 CrPC

  • A Sorry State of Affairs: Allahabad HC

The Court observed that “This Court is noticing every day that apparently the officers concerned, who were directed to act as per the order of the Court, are not comply ing with the orders at the first instance and the aggrieved party is forced to file contempt application and even after granting further time to comply with the order of the writ Court passed in contempt application, the orders not being complied with. Apparently, the Officers are becoming habitual and not complying with the orders of this Court in the first instance

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This is a sorry state of affairs and it is expected that the opposite party shall make every effort to comply with the order at first instance and shall also issue necessary orders in this regard to the subordinate authorities to strictly comply with the orders at the first instance itself, otherwise the Court will take a serious view of the matter.”

Case Name: Smt. Usha Singh v. Shatrughan Singh

Case no.:- CONTEMPT APPLICATION (CIVIL) No. – 2788 of 2020

Coram: Hon’ble Vivek Kumar Birla,J.

Also Read: “Accused Was a Juvenile at the Time of Occurrence”: SC

Also Read: Advocate Yatin Oza is Liable of Contempt of Court as held by Gujarat High Court

  • Access To Proper Medical Facility A Fundamental Right; State Has To Provide Appropriate Facilities: U’khand HC

The Court observed that “There has been a constant outcry from the public with regard to the lack of proper medical facilities, especially in the hilly areas. Since a large portion of the State is situated in the hilly areas, the people living there should necessarily be accorded with at least minimum medical facilities.”

The Court further remarked,

Establishing appropriate medical facilities also has various problems. It is these issues; the State would have to balance, namely, the medical facilities to be provided to the public on the one hand and the environment on the other to strike a balance.

Case no.: WPPIL NO. 120 of 2013

Coram: Hon’ble Ravi Malimath, ACJ. Hon’ble R.C. Khulbe, J.

Also Read: Make Law Understandable to Layman

Also Read: In Temporary Bail have to Balance the Public Interest in the Enforcement of Criminal Justice with the Rights of the Accused: SC

  • Interim Bail in Habeas Petition Challenging Detention Only In Exceptional Circumstances: Madras HC

The Court held that “…we are of the view that though this Court has got jurisdiction to grant interim bail in deserving cases, the exercise of such jurisdiction and power has intrinsic restrictions, as has been laid down in a catena of decisions of the Hon’ble Supreme Court”.

The Court further said that “…we have no hesitation to hold that the prayer for interim bail cannot be normally entertained by this Court in Habeas Corpus Petition, unless and until it has been made out that intervention of this Court is indispensable at that stage”.

“…it is amply clear that this Court while dealing with habeas corpus petitions under Article 226 of the Constitution, wherein, the validity of the detention orders are sought to be questioned, has jurisdiction to grant interim bail, but the exercise of the said jurisdiction is inevitably circumscribed by the considerations which are special to such proceedings”, the Court added.

Case Name: The Government of Tamil Nadu v. S.Indramoorthy

Case no.: Crl.M.P.No.5340 of 2020

CORAM: HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA
Also Read: The Plaintiff has no Absolute Right, at the Appellate Stage, to Withdraw from the Suit: Kerala High Court

Also Read: Bombay HC grants bail to Rhea Chakraborty in NDPS Case

  • Karnataka HC Quashes CBSE Action Against Class-XII Student

Petitioner-student challenged the punitive Memorandum dated 29.07.2020 issued by CBSE, whereby, “— her exam in the subject (044) Biology of AISSCE (Main)-2020 is hereby cancelled for using unfair means in the said Examination — her result is declared as ESSENTIAL REPEAT“.

The Court held that “Tender minds even when they commit some significant mistakes, cannot be treated with iron gloves; the penalty order arguably may answer the requirement of letter of law but certainly, it falls short of the standards of justice and fairness inasmuch as there is absolutely no material as to the petitioner having used the phone instrument for writing the examination in question; in fact, that is not the allegation at all; one cannot be oblivious to the anxiety of the students and their parents during the crucial examination of the kind, especially during the unprecedented COVID Pandemic.” 

Case Name: MS.SHUCHI MISHRA v. CONTROLLER OF EXAMINATION, CENTRAL BOARD OF SECONDARY EDUCATION and others

Case No.: WRIT PETITION NO.9510/2020

Coram: HON’BLE MR. JUSTICE KRISHNA S.DIXIT

Also Read: Weekly Legal News Updates [28th September- 04th October 2020]

Also Read: A Plea filed by Kerala Union of Working Journalists to Release Kerala Journalist, Sidhique Kappan

Also Read; The UN in India has Uttered Concern at the Continuing Cases of Sexual Violence Against Women and Girls in India

Also Read: Plea before SC for the imposition of Article 356 of the Constitution of India in Uttar Pradesh

Also Read: Interim Bail in Habeas Corpus Petitions Challenging Preventive Detention can be granted only in Exceptional Circumstances: Madras HC

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