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LAW AND CONSTITUTIONAL AFFAIRS - April 2023

Apr 2023

Apr 02, 2023

Justice T. S. Sivagnanam Appointed as Acting Chief Justice of Calcutta HC

  • Justice T. S. Sivagnanam was appointed as the acting Chief Justice of the Calcutta High Court as incumbent Chief Justice, Justice Prakash Shrivastava demitted office.
  • The Supreme Court Collegium had in February recommended the appointment of Justice Sivagnanam as Chief Justice of the Calcutta High Court, and not Acting Chief Justice.
  • Justice Sivagnanam completed his B.Sc. at Loyola College, Chennai and B.L. from Madras Law College. He enrolled in the Bar Council of Tamil Nadu in September 1986. He was appointed as an additional judge of the Madras High Court in March 2009 and was made permanent two years later. He was transferred to Calcutta High Court on October 25, 2021.

Supreme Court States Section 37 NDPS Act should not be Interpreted Literally

  • The Supreme Court held that despite the stringent conditions provided under Section 37, the undue delay in trial can always be a ground for granting bail to an accused who had been charged under the Narcotics Drugs and Psychotropic Substances Act 1985 (NDPS Act).
  • The Court as per Section 37 NDPS Act, can grant bail to the accused person only after being satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.

Apr 01, 2023

CJI Chandrachud Disapproves Plea Seeking Exemption for Female Lawyers from E-filing

  • In a plea filed by the Madhya Pradesh High Court Bar Association, the Supreme Court affirmed mandatory e-filing in Debts Recovery Tribunals (DRTs) and Debts Recovery Appellate Tribunals (DRATs).
  • The bench comprising CJI D. Y. Chandrachud, Justice P. S. Narasimha and Justice J. B. Pardiwala expressed their disapproval of presumption in the plea that women practitioners would need an exemption to the rule of mandatory e-filing.
  • The plea challenged the notification issued by the Ministry of Finance, which amended Rule 3 of the Debts Recovery Tribunals and Debts Recovery Appellate Tribunals Electronic Filing (Amendment) Rules, 2023.
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