General Awareness

LAW AND CONSTITUTIONAL AFFAIRS - June 2022

Jun 2022

Apr 02, 2023

Justice T. S. Sivagnanam Appointed as Acting Chief Justice of Calcutta HC

Justice T. S. Sivagnanam was appointed as the acting Chief Justice of the Calcutta High Court as incumbent Chief Justice, Justice Prakash Shrivastava demitted office.
The Supreme Court Collegium had in February recommended the appointment of Justice Sivagnanam as Chief Justice of the Calcutta High Court, and not Acting Chief Justice.
Justice Sivagnanam completed his B.Sc. at Loyola College, Chennai and B.L. from Madras Law College. He enrolled in the Bar Council of Tamil Nadu in September 1986. He was appointed as an additional judge of the Madras High Court in March 2009 and was made permanent two years later. He was transferred to Calcutta High Court on October 25, 2021.

Supreme Court States Section 37 NDPS Act should not be Interpreted Literally

The Supreme Court held that despite the stringent conditions provided under Section 37, the undue delay in trial can always be a ground for granting bail to an accused who had been charged under the Narcotics Drugs and Psychotropic Substances Act 1985 (NDPS Act).
The Court as per Section 37 NDPS Act, can grant bail to the accused person only after being satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.

Apr 01, 2023

CJI Chandrachud Disapproves Plea Seeking Exemption for Female Lawyers from E-filing

In a plea filed by the Madhya Pradesh High Court Bar Association, the Supreme Court affirmed mandatory e-filing in Debts Recovery Tribunals (DRTs) and Debts Recovery Appellate Tribunals (DRATs).
The bench comprising CJI D. Y. Chandrachud, Justice P. S. Narasimha and Justice J. B. Pardiwala expressed their disapproval of presumption in the plea that women practitioners would need an exemption to the rule of mandatory e-filing.
The plea challenged the notification issued by the Ministry of Finance, which amended Rule 3 of the Debts Recovery Tribunals and Debts Recovery Appellate Tribunals Electronic Filing (Amendment) Rules, 2023.

Mar 31, 2023

Allahabad High Court Says Provisions of JJ Act do not Give Power to Decide Disputed Matters, Allo...

The Allahabad High Court while allowing the petition said that the Provisions of JJ Act does not give power to decide contested and disputed matters pertaining to custody, while it can only as an interim measure, pass appropriate orders in the welfare of children.
A single Bench of Justice Alok Mathur passed this order while hearing a petition filed by Smt Shivani Singh.

Mar 28, 2023

Madhya Pradesh High Court Orders Contempt of Court Case against State Bar Council Chairman and Me...

The Madhya Pradesh High Court issued a show cause notice to the chairman, Prem Singh Bhadoria, of the State Bar Council and all the other elected member of the State Bar Council asking for an explanation why should there be no criminal contempt of court proceedings against them for compelling lawyers to abstain from judicial work.
The single-judge Justice Atul Sreedharan said that the strike which was called by the chairman and the elected members of the State Bar Council was violation and defiance of the order passed by the High Court on March 24 in a suo motu case initiated by the Court in wake of the strike.

Mar 27, 2023

The Central Government Clears the Appointment of New Chief Justices

The Central Government cleared the names of new Chief Justices.The names were confirmed cleared for the appointment of Chief Justices to Allahabad, Chhattisgarh and Patna High Courts.
The new Chief Justices were Justice Pritinker Diwaker for Allahabad High Court, Justice Ramesh Sinha for Chhattisgarh High Court and Justice Vinod Chandran for Patna High Court.
The appointment of Justice Diwakar as Chief Justice of Allahabad and Justice Ramesh Sinha as Chief Justice of Chhattisgarh High Court was recommended by Supreme Court Collegium in February.
Justice Chandran was initially recommended by the Collegium in December 2022 to be appointed as the Chief Justice of the Gauhati High Court.
The Collegium in February, however, recalled that recommendation and instead recommended that he be made Chief Justice of Patna High Court.

Parole Days cannot be Counted as Part of Sentence Period

The Supreme Court held that the period of parole granted to convicts during the Covid-19 pandemic to prevent overcrowding in prisons and avoid the risk of spread of infection, cannot be counted as part of their actual sentence period and has to be excluded from it.
"All those undertrial prisoners and convicts who were released on emergency parole or interim bail pursuant to the recommendations of the High Powered Committee in compliance with the orders passed by this court have to surrender before the concerned prison authorities within 15 days," a bench of Justices M. R. Shah and C. T. Ravikumar directed while clarifying that they would still be allowed to apply suspension of their sentence before the concerned court.

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