General Awareness

LAW AND CONSTITUTIONAL AFFAIRS - September 2022

Sep 2022

Dec 18, 2022

Gram Nyayalayas: Supreme Court Directs all States/High Courts to File Status Report within 2 Months

The Supreme Court directed all state governments and High Courts in the country to file status reports within two months on a petition seeking establishment of Gram Nyayalayas as per the Gram Nyayalayas Act 2008.
The order was passed by the Division Bench of Justice S. Abdul Nazeer and Justice Hima Kohli on a PIL filed by the National Federation of Societies for Fast Justice.
On its last hearing, the top court of the country had impleaded all the High Courts and state governments of the country, noting that their presence was necessary for adjudicating the matter.

Dec 17, 2022

Criminal Proceedings should be Quashed by the High Court Where there is a Civil Wrong

The Apex Court said that whenever there is a situation where a civil wrong is given a cloak of a criminal offence, the criminal proceedings should be quashed by the High Court to prevent the abuse of process of court.
A bench of Justice Abdul Nazeer and Justice J.B. Pardiwala ruled that it is a possibility that a complaint disclosing civil transaction may also have a criminal texture, the High Court must ensure that substance of a civil nature is not given a cloak of a criminal offence.

Dec 16, 2022

No Vacation Bench of Supreme Court to Sit during Winter Break

Chief Justice of India D.Y. Chandrachud declared that no Vacation Bench will conduct hearings during the upcoming winter break of the Supreme Court.
The CJI said that Vacation Benches were only formed when the Court went for longer breaks such as during summers in the months of May and June. However, the practice would not be followed during the winter break in December.
The Apex Court will go for Winter break from December 19 to January 2.

Dec 15, 2022

Direct Evidence of Demand of Bribe Not Necessary to Convict Public Servant under Prevention of Co...

The Supreme Court ruled that a public servant can be held guilty under the Prevention of Corruption Act based on circumstantial evidence. It further added that direct evidence of demand of bribe is not necessary to convict a public servant under the Act.
A Constitution Bench comprising Justice S. Abdul Nazeer, Justice V. Ramasubramanian, Justice B.R. Gavai, Justice A.S. Bopanna, and Justice B.V. Nagarathna said that even if the direct evidence of the complainant is not available, owing to any reasons, there can be conviction of the public servant under the PC Act, if the demand for illegal gratification is proved through inferential evidence based on circumstances.
The Court held that if there is an absence of evidence of the complainant (direct or primary), it is permissible to draw an inferential deduction of culpability," the Court held.
The Court however added that foundational facts have to be proved in the cases.

Dec 14, 2022

CJI Chandrachud Inaugurates 10 District Court Digitisation Hubs in Odisha

Chief Justice of India D Y Chandrachud virtually inaugurated 10 district court digitisation hubs (DCDH) in Odisha, and said that modernisation of judiciary is the need of the hour.
With the inauguration of 10 DCDHs, a total of 15 DCDHs have now become functional in the state, with each catering to a neighbouring district, thus covering all 30 district courts.
Appreciating the information and communication technology (ICT) measures adopted by the Orissa High Court under the leadership of its Chief Justice S. Muralidhar, he said, "Digitisation should be accompanied by a push for e-filing of cases."
He also said that the Orissa High Court, with its digitisation initiatives, is now a "role model" for all other High Courts of the country.

Supreme Court Collegium Recommends 5 Names to Centre as Apex Court Judges

The Supreme Court Collegium recommended to the Centre the names of five High Court judges for appointment as apex court judges. The recommendation came after the meeting of the six-member Collegium, led by Chief Justice of India D. Y. Chandrachud. After the elevation of justice Dipankar Datta, former Chief Justice of Bombay High Court, SC's current bench strength is 28 as against the sanctioned strength of 34. If the five names recommended by the Supreme Court collegium are notified by the central government, then the bench strength of the court will become 33.
The five names recommended for elevation are Justice Pankaj Mithal, Chief Justice, Rajasthan High Court; Justice Sanjay Karol, Chief Justice, Patna High Court; Justice P.V. Sanjay Kumar, Chief Justice, Manipur High Court; Justice Ahsanuddin Amanullah, Judge, Patna High Court; Justice Manoj Misra, Judge, Allahabad High Court.

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