General Awareness

LAW AND CONSTITUTIONAL AFFAIRS - January 2023

Jan 2023

Aug 05, 2023

Kerala High Court Urges State to Amend Victim Compensation Scheme and Allow POCSO Victims to Clai...

The Kerala High Court called for a comprehensive compensation scheme for victims of sexual offences registered under the Protection of Children from Sexual Offences (POCSO) Act or an amendment to the existing Kerala Victim Compensation Scheme.
The issue arose when the Special Court in Alappuzha directed the District Legal Services Authority to award compensation of Rs. 50,000 each to two victims of sexual harassment under the POCSO Act. However, the Kerala State Legal Services Authority and the Alappuzha District Legal Services Authority challenged this decision, arguing that 'sexual harassment' was not listed as an injury under the schedule of the Kerala Victim Compensation Scheme, rendering the victims ineligible for compensation.
Justice Kauser Edappagath upheld the compensation given to the sexual harassment victims and asserted that a beneficial legislation or scheme should not differentiate between victims. The court highlighted that existing compensation schemes were insufficient to compensate victims of sexual abuse under the POCSO Act. It directed the State Government to either formulate a comprehensive victim compensation scheme specifically for POCSO Act victims or amend the existing Kerala Victim Compensation Scheme to include a separate schedule for sexual offence victims under the POCSO Act.

Aug 04, 2023

Gyanvapi Mosque Panel Moves Supreme Court after Allahabad High Court Orders ASI Survey

The Anjuman Intazamia Mosque Committee, which manages the Gyanvapi mosque in Varanasi, approached the Supreme Court within hours of the Allahabad High Court giving the Archaeological Survey India (ASI) the green signal to conduct an "investigation" of the premises.
The committee, represented by advocate Fuzail Ayyubi, said the religious character of the premises has remained a mosque since Independence. The petition said any "findings" made in the survey would be rendered "nugatory and irrelevant" as the site was protected under the Places of Worship (Special Provisions) Act, 1991. Allahabad High Court rejects PIL seeking sealing of Gyanvapi mosque premises; ASI survey to continue The Supreme Court had in its 2020 judgment in the Ramjanmabhoomi temple case held that the "Places of Worship Act imposes a non-derogable obligation towards enforcing our commitment to secularism under the Indian Constitution".

Aug 03, 2023

NIA Approaches Supreme Court against Madras High Court Order Granting Bail to Lawyer M. Mohammed ...

The Supreme Court of India was approached by the National Investigation Agency (NIA) against the order by the Madras High Court granting bail to Madurai-based lawyer M. Mohammed Abbas, who is alleged to have link with Popular Front of India (PFI) which is a banned organiation.
The Additional Solicitor General S.V. Raju, representing NIA, mentioned the appeal and sought a stay on the bail order.
A Bench comprising of Justice Aniruddha Bose and Justice Bela Trivedi clarified that they cannot provide a stay during the mentioning stage without reviewing the case files.
In the challenged order the Madras High Court had rejected the oral request by NIA seeking leave under Article 134 of the Constitution to challenge the bail order before the Supreme Court.

Aug 02, 2023

Ketaki Suklikar Joins Mahindra Group as Legal Head of M&A

Mahindra Group hired Ketaki Suklikar as Vice-President and Legal Head of M&A.
Suklikar is a graduate of ILS Law College, Pune, and also holds an LL.M. from King's College London.
With over 18 years of experience, Suklikar began her career with Wadia Ghandy & Co, where she worked for over 7 years. She worked with Acumen Fund as India's Legal Counsel before joining MF Advisors LLP as General Counsel.

Delhi High Court Forms Committee to Examine Whether All Bar Association Elections in Capital can ...

The Delhi High Court constituted a committee under the chairmanship of Justice Sanjeev Sachdeva to explore the possibility of holding elections for all the bar associations in Delhi on the same day.
A Division Bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula passed the order.
The Court asked the committee to examine if identity cards and radio frequency tags/stickers for vehicles of lawyers can also be prepared. Further, the committee has been asked to submit its report in four weeks' time.
The Delhi High Court's Justices Jasmeet Singh and Manoj Jain, along with Bar Council of Delhi Chairman KK Manan, Delhi High Court Bar Association (DHCBA) President Mohit Mathur and Chairman of the Coordination Committee of All District Bar Associations of Delhi are other members of the committee.
The Court passed the order on a plea by Advocate Nitin Kumar, who had raised concern that there was no uniformity in the tenure of leadership of office bearers in different bar associations, as bar elections are presently held on different dates.

Jul 31, 2023

Centre Notifies Appointment of Two Advocates, One judicial Officer as Himachal High Court Judges

The Centre notified the appointment of advocates Ranjan Sharma and Bipin Chander Negi, and judicial officer Rakesh Kainthla as judges of the Himachal Pradesh High Court.
The Himachal Pradesh High Court is currently functioning with only nine judges against a sanctioned strength of 17 judges.
The Supreme Court Collegium led by CJI D. Y. Chandrachud had recommended their names for elevation as judges of the Himachal Pradesh High Court.

Supreme Court Issues Notice on RBI Appeal against Lifting of Loan Restrictions on Tiruvalla East ...

The Supreme Court issued a notice in response to an appeal filed by the Reserve Bank of India (RBI) against the Kerala High Court's order that lifted the loan restrictions imposed by the RBI on Thiruvalla East Co-operative Bank Ltd. The notice was issued by a division bench consisting of Justice Sanjay Kishan Kaul and Justice Sudhanshu Dhulia, with the Attorney General for India, R. Venkataramani, representing the RBI.
The case stems from an inspection conducted by the RBI before imposing the prohibitory order on the Cooperative Bank, accompanied by an inspection report that highlighted certain deficiencies in banking practices, particularly in some loan advance schemes that were susceptible to misuse.
The Kerala High Court, in its ruling, upheld the decision of a single bench that lifted the restriction placed on the Co-operative Bank by the RBI, citing that the bank was not given a fair opportunity to present its side before the prohibition was imposed.

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