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LAW AND CONSTITUTIONAL AFFAIRS - October 2022

Oct 2022

May 07, 2024

Waqf Tribunal Not Functioning for Two Years, Delhi High Court Seeks State Response

  • The Delhi High Court sought a response from the Delhi government on a plea seeking the constitution of tribunals to deal with disputes related to waqf or waqf properties under the Waqf Act
  • Justice Subramonium Prasad ordered the government to file its reply and listed the case for further consideration in July.
  • The petition in the High Court was filed by Masjid and Dargah Abdul Salam, which is located in the Connaught Place area.
  • It has been argued that the tribunal (which is constituted under Section 84 of the Waqf Act) last functioned in April 2022.

May 06, 2024

Preventing Child Marriage in Rajasthan: Rajasthan High Court's Directive

  • In response to a Public Interest Litigation (PIL) on child marriage, the Rajasthan High Court has issued a directive aimed at curbing the practice in the state. With the approaching Akshay Tritiya festival, notorious for child marriages, the court emphasized the responsibility of sarpanchs and panchayat members in preventing such unions.
  • The court underscored the role of sarpanchs and panchayat members, stating that they will be held responsible for any child marriages occurring within their jurisdiction. Citing the Rajasthan Panchayati Raj Rules 1996, the court mandated proactive measures to curb the practice and warns of legal consequences under the Prohibition of Child Marriage Act 2006 for negligence.

May 04, 2024

Sanjaya Kumar Mishra to Head GST Appellate Tribunal

  • Retired Justice Sanjaya Kumar Mishra was appointed as the President of the Goods & Services Tax Appellate Tribunal (GSTAT) by the Centre. The move aims to streamline the resolution of disputes concerning businesses efficiently. The appointment, made by the Appointment Committee of the Cabinet based on the recommendation of the Search-cum-Selection Committee, comes with a salary of Rs. 2.50 lakh per month for a tenure of four years.
  • GST Tribunals are envisioned as specialized bodies to address GST-related disputes promptly and efficiently. Their establishment is essential to ensure fairness, accountability, and the rule of law in tax administration. With the rise in appeals against orders of first Appellate Authorities, the need for dedicated and specialized GSTATs has become even more pronounced. Businesses previously had to resort to High Courts, resulting in prolonged and costly legal battles. The establishment of GSTATs is expected to alleviate this burden, fostering a conducive environment for business and enhancing ease of doing business in the country.

May 03, 2024

Supreme Court Orders 33 pc Reservation for Women Lawyers in SCBA Executive Committee Elections

  • The Supreme Court directed the Supreme Court Bar Association to reserve at least one-third of posts in the executive committee elections of SCBA for female advocates.
  • The Bench of Justice Surya Kant and Justice KV Viswanathan ordered the SCBA to include six women lawyers in its executive committee this year, including three as executive members, two as senior executive members, and one as the SCBA Treasurer.
  • he Apex Court exempted the post of SCBA President from its order.
  • Earlier, the Delhi High Court had dealt with a similar matter.
  • On February 29, 2024, SCBA President Adish Aggarwala assured the High Court that a general body meeting will be convened in two months to discuss amending the SCBA rules to reserve at least two posts in the executive committee for women lawyers.

May 01, 2024

Justice Dinesh Kumar Appoints as the SAT Presiding officer

  • Justice (retired) Dinesh Kumar took charge as the Presiding Officer of the Securities Appellate Tribunal (SAT) on 29 April 2024. The government of India appointed Justice Dinesh Kumar for a four-year term. Before taking over as the presiding officer of SAT, Justice Dinesh Kumar was the chief justice of the Karnataka High Court. He retired from the post in February 2024.
  • The SAT has been functioning without a presiding officer for the last four months, as the last presiding officer, Justice Tarun Aggarwal, retired in December 2023
  • Dheeraj Bhatnagar also took charge as the technical member of the tribunal. He has been appointed for a term of four years or till he reaches the age of 67, whichever is earlier. Dheeraj Bhatnagar retired as principal chief commissioner of Income Tax Delhi. The other member of the three-member SAT is Meera Swarup.
  • The Securities Appellate Tribunal is a statutory body established in 1992 under the provisions of the Securities Exchange Board of India Act 1992.

SILF Inaugurates New Building, Dispute Resolution Centre

  • Vice-President of India Jagdeep Dhankhar inaugurated the newly constructed building of the Society of Indian Law Firms (SILF) in a ceremony held at Bharat Mandapam in New Delhi. 
  • The building located at New Delhi's Rouse Avenue will also host a Dispute Solutions Centre named Samjhauta, which will be run in collaboration with Confederation of Indian Industry (CII), under the overall guidance of SILF Senior Vice-President Shardul Shroff.
  • Through research, legal education and mediation initiatives, SILF aims to facilitate the expeditious resolution of disputes and promote a culture of amicable settlements.
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