General Awareness

LAW AND CONSTITUTIONAL AFFAIRS - May 2024

May 2024

May 17, 2024

Supreme Court Curbs ED's Powers of Arrest

A person accused of money laundering can't be arrested by the Enforcement Directorate after the special court has taken cognisance of the probe agency's complaint (chargesheet) and has issued summons to him under the Prevention of Money Laundering Act (PMLA), 2002, the Supreme Court ruled.
A Bench led by Justice A. S. Oka, however, said: "If the ED wants custody of the accused who appears after service of summons for conducting further investigation in the same offence, it will have to seek custody of the accused by applying to the special court."

Kapil Sibal is President of Supreme Court Bar Association

Rajya Sabha MP and senior advocate Kapil Sibal was elected President of the Supreme Court Bar Association (SCBA), a position he has held thrice in the last three decades.
Sibal who completed 50 years at the Bar last year (2023) defeated incumbent Vice President of the SCBA Pradeep Rai.
As per reports, a total of 2330 advocates voted in the election of 2850 members in the voter list. It is learnt that while Sibal got 1066 votes, Rai got 689 votes and the current President Adish Agarwala got 307 votes.
Sibal has been the SCBA President between1995-1996; 1997-1998 and 2001-2002 — before becoming a Union Minister in the UPA government.

May 13, 2024

Arbitration Bar of India Inaugurated

The Arbitration Bar of India (ABI), an association for advancing Alternative Dispute Resolution (ADR) mechanisms throughout India, was officially inaugurated at a ceremony held at Bharat Mandapam in New Delhi.
Some of the office bearers of ABI are:
Patron-in-Chief
Attorney General (AG) for India R. Venkataramani
President
Senior Advocate Gourab Banerji
Honorary Presidents
Justice (Retd.) Hemant Gupta
Solicitor General (SG) of India Tushar Mehta
Advisors
Senior Advocate Aditya Sondhi, Senior Advocate Satish Parasaran, Senior Advocate Darius Khambata and Senior Advocate Samrat Sen
Vice Presidents
Senior Advocate Madhavi Divan, Advocate Tejas Karia and Advocate Vyapak Desai
Of the 24 office bearers, 19 are men and 5 are women.

Central Govt. Notifies Appointment of Justice Wasim Sadiq Nargal As Additional Judge of J&K High ...

The Central Govt notified the appointment of Justice Wasim Sadiq Nargal as an Additional Judge of the High Court of Jammu and Kashmir and Ladakh for a fresh term of one year. In exercise of the power conferred by clause (1) of Article 224 of the Constitution of India, the President appointed Justice Wasim Sadiq Nargal, Additional Judge of the High Court of Jammu and Kashmir and Ladakh.

May 08, 2024

Supreme Court Stays Order Quashing 25K West Bengal Appointments

The Supreme Court stayed a Calcutta High Court order quashing the appointment of 25,753 teachers and non-teaching staff in West Bengal in state-run and state-aided schools even as it allowed the CBI to go ahead with its probe, even against state officials.
A three-judge Bench led by Chief Justice of India D. Y. Chandrachud, however, asked the CBI not to take any coercive action such as arresting a suspect during the probe into the appointments of teachers and non-teaching staff made by the School Service Commission (SSC).
The top court directed that the interim protection would continue provided that those found to have been appointed illegally and had continued as a consequence of its order shall undertake to refund the salary drawn by them, if the final decision went against them.

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.

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