September 30, 2022

The Lawmatics Bulletin-16

21-december-2020 to 5-january-2021

Case Reports: Courts of India


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The Data has been updated from the official website of National Judicial Data Grid


SUPREME COURT GAVE GREEN SIGNAL TO CENTRAL VISTA PROJECT BY MAJORITY OF 2:1

Rajeev suri v. Delhi Development Authority

A Bench of Justices AM Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna recently pronounced the judgement reserved from November 5, 2020 on batch of petitions challenging the renovation and redevelopment of Rs. 20,000 crore Central Vista project.
While Justices A.M. Khanwilkar and Maheshwari upheld the change in land use for the project, but Justice Khanna said change in land use for central vista project was vitiated in bad law. Justice Sanjiv khanna cited the reason because of which the project is bad in law that, there had been no disclosure for public participation, and there was no prior approval of the Heritage Conservation Committee.


BAIL IN BAILABLE OFFENCES IS NOT A LICENCE TO COMMIT ANY NUMBER OF CRIMES: KARNATAKA HC

Aluka Sandra Orewa @ Benny And State of Karnataka

The karnataka high court in present matter held that, if a person being on bail in relation to a bailable offence and applies for bail having again committed a bailable offence, then he cannot claim bail as a matter of right. That is, the court said that the right to claim bail under section 436 of Criminal Procedure Code (CrPc) becomes circumscribed when an accused repeatedly commits bailable offence/s.
In Ratilal Bhanji Mithani vs Assistant Collector of Customs,1967, the court noted that section 436(2) of Cr.P.C. envisages that bail granted under Section 436(1) of Cr.P.C. may be cancelled if the person released on bail violates conditions of bail as to time and place of attendance.


“DECLARED ABSCONDING ACCUSED” NAMES CAN BE PUBLISH ON SOCIAL MEDIA: P&H HIGH COURT

Harjot Singh @ Sajjan vs. State of Punjab

The Punjab and Haryana High Court has observed that there is no harm in the publishing of the names of persons declared as absconding accused on the social media as per Punjab Police Rules.
The court said, “since in the year 1934 when the Punjab Police Rules were promulgated, there was no internet and consequently the only social media available at that stage would have been newspapers and magazines etc., this court would see no harm in extending the publishing of the names of such persons in the social media as is now available via the internet.”


COMPLAINT IS MAINTAINABLE UNDER 498A EVEN IF THE MARRIAGE IS VOID:J&K HIGH COURT

Karnail Chand v. State of J&K

The Jammu & Kashmir High Court has recently held that even if the marriage of prosecutrix with the man is void under Section 498A of Ranbir Penal Code (RPC), the complaint is still maintainable. The court also observed that when a person enters into a marital arrangement with a woman, he is covered by the definition of ‘husband’ as contained in Section 498-A RPC “irrespective of the legitimacy of the marriage”.
The Apex Court in Reema Aggarwal v. Anupam and others, 2004, held that Even if complainant is not the legally wedded wife of accused still then, the accused can be prosecuted for an offence under Section 498-A RPC on the basis of allegations.


CENTRE INCLUDED ‘WORK FROM HOME’ UNDER THE DRAFT MODEL OF STANDING ORDERS FOR SERVICE SECTOR

Ministry of Labour and Employment has published Draft Model Standing Orders for Service Sector, which includes option of Work From Home. Section 29 of the Industrial Relations Code, 2020 empowers the Central Government to model standing orders relating to conditions of service and other matters incidental thereto or connected therewith.
Clause 10 of draft model of standing order states that, Subject to conditions of appointment or agreement between employer and workers, employer may allow a worker to work from home for such period or periods as may be determined by employer.
The Ministry has also invited objections and suggestions from the persons affected which has to be sent within 30 days.