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LAW AND CONSTITUTIONAL AFFAIRS - June 2022

Jun 2022

Nov 08, 2022

LTC Scheme Aims at Familiarising Government Employees with Indian Culture, cannot be Availed for ...

  • The Supreme Court ruled that the basic objective of the leave travel concession (LTC) scheme was to acquaint civil servants and government employees with the Indian culture by facilitating their travel across the country, not to conduct foreign trips or long circuitous trips.
  • The Bench of Chief Justice U.U. Lalit, Justice S. Ravindra Bhat and Justice Sudhanshu Dhulia passed the order, while rejecting a petition filed by the State Bank of India (SBI) against the Delhi High Court order of January 13, 2020.
  • The High Court had upheld the findings of the Income Tax Appellate Tribunal (ITAT), noting that the amount received by the employees of SBI towards their LTC claims was not liable for exemption as these employees had visited foreign countries, which was not permissible under the law.
  • The Apex Court also upheld the High Court order and said that under the LTC scheme, payment made to an employee was exempted as 'income' and hence, it could not be brought under any tax, however, the same should be claimed within the framework of law.

Nov 07, 2022

Supreme Court Upholds Constitutional Validity of 10 per cent Quota for EWS with 3:2 Majority

  • The Supreme Court Constitution bench with 3:2 majority upheld the Constitutional validity of 103rd Amendment which gives 10 per cent reservation to the Economically Weaker Section (EWS) among the forward castes.
  • A bench comprising of the Chief Justice of India (CJI) UU Lalit along with Justices Dinesh Maheshwari, Justice S. Ravindra Bhat, Justice Bela M. Trivedi and Justice J.B. Pardiwala .delivered the order.
  • In September the Apex Court had concluded hearing the on the 103rd Constitutional Amendment that grants 10 per cent reservation to Economically Weaker Section (EWS) among the forward castes.

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.
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