General Awareness

LAW AND CONSTITUTIONAL AFFAIRS - May 2022

May 2022

Nov 03, 2022

SC Dismisses Plea to Block Justice Chandrachud's Appointment as Next CJI

The Supreme Court dismissed a petition which sought to stop Justice D. Y. Chandrachud from taking oath as the 50th Chief Justice of India (CJI).
The petition sought contempt of court and criminal action against Justice Chandrachud besides restricting him to be appointed as the next CJI.
As per the bench of CJI UU Lalit, and Justices S. Ravindra Bhat and Bela M. Trivedi, the petition was entirely 'misconceived'.
The petition was filed by lawyer Mursalin Asijit Shaikh who alleged that Justice Chandracud had, on many occasions, wilfully disregarded the binding precedents of larger benches of the apex court and denied justice to litigants.

Nov 02, 2022

Mutual Acts of Love between Minor Couple not Sexual Assault under POCSO

Acts of mutual love and affection between a young couple will not amount to "sexual assault" under the Protection of Children Against Sexual Offences Act (POCSO Act), the Meghalaya High Court said.
The High Court stated this while quashing a case against an accused minor, while freeing him from any liability in the criminal case.
Hearing the case, the Court of Justice W. Diengdoh held that though consent of a minor is immaterial as far as prosecution for an alleged offence of sexual assault is concerned, but considering the peculiar facts and circumstances of a particular case, such as in a case of a boyfriend and girlfriend particularly, if both of them are still very young, the term 'sexual assault' as could be understood under the POCSO Act cannot be attributed to an act where, there is, as pointed above, mutual love and affection between them.

Nov 01, 2022

Centre Notifies Appointment of 9 Judicial Officers, 1 Lawyer as Additional Judges in Punjab and H...

The Central Government notified the appointment of one Advocate and nine Judicial Officers as additional judges to the Punjab and Haryana High Court.
These include Advocate Kuldeep Tiwari and Judicial Officers-Gurbir Singh, Deepak Guupata, – Amarjot Bhatti, Ritu Tagore, Manisha Batra, Harpreet Kaur Jeewan, Sukhvinder Kaur, Sanjiv Berry and Vikram Aggarwal.
The Supreme Court Collegium had recommended the elevation of these judicial officers in September 2022.
The Punjab and Haryana High Court is functioning with a strength of 56 judges, as opposed to the sanctioned strength of 85 judges, as on November 1.

Oct 30, 2022

Delhi HC Sends Notice to LG on Delhi School Tribunal Head Appointment PIL

The Delhi High Court issued notice on a Public Interest Litigation (PIL) seeking direction to authorities for the appointment of Presiding Officers of the Delhi School Tribunal with an additional charge of Appellate Authority in a time bound manner.
The posts have been lying vacant since June 2022.
The bench, comprising Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad, issued notice to Lieutenant Governor (LG), Delhi Government, Education Secretary and Transport Commissioner on the PIL moved by Advocate Mohit Mudgal.
The bench directed the respondents to file their replies within four weeks. The matter has been listed on February 2, 2023.

Oct 27, 2022

Rajasthan High Court Disposes of PIL Alleging Usurping of Land Belonging to Gram Panchayat Manaklao

The Rajasthan High Court has dismissed a PIL assailing the action of the respondent authorities in usurping the land of Gram Panchayat Manaklao for the purpose of construction of National Highway without awarding appropriate compensation to the Gram Panchayat.
Petitioner Baldev Ram, claiming himself to be the ex-Sarpanch of Gram Panchayat Manaklao, had contended that a significant chunk of land of the Gram Panchayat, which carried a Shamshan Ghat and Talab, besides other things, has been usurped for the purpose of construction of a ring road/highway and no compensation has ever been paid to the Panchayat.
Countering the submissions of the petitioner, a pertinent reply was filed by the respondents that the land for the purpose of construction of highway was procured by proper acquisition.
Furthermore, the parts of Khasra were Government land and thus, no notices were required for the purpose of using such land to construct the highway.
In this view of the matter, the Jaipur Division Bench of Justice Sandeep Mehta and Justice Kuldeep Mathur opined that no public interest was involved in the petition and disposed it off.

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