General Awareness

LAW AND CONSTITUTIONAL AFFAIRS - June 2022

Jun 2022

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.

Oct 26, 2022

Fee Regulation in Private Medical Colleges: Supreme Court Issues Notice on NMC's Transfer Plea

The Supreme Court has issued notice on a petition filed by the National Medical Commission (NMC), seeking transfer of all petitions to either the Supreme Court or any one High Court, challenging the validity of its decision to stipulate the fee of 50 per cent seats in Private Medical Colleges and Deemed Universities at par with the fee of Government Medical Colleges in the respective States and Union Territories.
The Bench of Justice D.Y. Chandrachud and Justice Hima Kohli passed the order on October 21, noting that the transfer plea, the main petition and the connected matters were to be listed before the Bench on November 4.
On the last date of hearing, Justice Chandrachud had suggested Advocate Gaurav Sharma, appearing on behalf of NMC, to file a transfer petition so that the Apex Court could transfer all the matters in this regard to either itself or consolidate them and send to the Delhi High Court or any other High Court for disposal.
The NMC then filed the transfer petition, on which the notice was issued.

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