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LAW AND CONSTITUTIONAL AFFAIRS - July 2024

Jul 2024

Aug 14, 2024

Supreme Court Collegium Recommends Appointment of 9 Additional Judges of Allahabad HC as Permanent

  • The Supreme Court Collegium recommended that nine additional judges of the Allahabad High Court be made permanent.
  • A resolution published on the website of the apex court said that the Collegium in its meeting approved the following names: Justice Syed Qamar Hasan Rizvi, Justice Manish Kumar Nigam, Justice Anish Kumar Gupta, Justice Nand Prabha Shukla, Justice Kshitij Shailendra, Justice Vinod Diwakar, Justice Prashant Kumar, Justice Manjive Shukla and Justice Arun Kumar Singh Deshwal.
  • In May the Collegium of the High Court had recommended that the nine judges be made permanent.
  • The Chief Minister and the Governor of Uttar Pradesh had concurred with the recommendation.

Aug 13, 2024

Two Advocates Appointed Chhattisgarh High Court Judges

  • Two advocates were appointed as additional judges of the Chhattisgarh High Court.
  • The names of Bibhu Datta Guru and Amitendra Kishore Prasad were recommended by the Supreme Court Collegium in July.
  • A notification issued by the law ministry said Guru and Prasad were appointed as additional judges of the Chhattisgarh High Court for a period of two years.
  • Additional judges are usually appointed for a period of two years before being elevated as judges or what is commonly called 'permanent' judges.

Aug 08, 2024

Delhi High Court Appoints Arbitrator to Resolve Disputes between Yuvraj Singh and Real Estate Com...

  • The Delhi High Court appointed advocate and former Vice Chairman of the Central Administrative Tribunal (CAT), Mukesh Gupta as an arbitrator to resolve disputes between former India cricketer Yuvraj Singh and real estate firm Brilliant Etoile Private Limited.
  • The order was passed on the plea filed by Yuvraj Singh alleging violation of personality rights and delay in delivery of a flat booked by him with the real estate firm.
  • Singh had booked a flat at Delhi's Hauz Khas in 2021. During the time of booking, the flat was stated to be around Rs. 14.10 crore in value.
  • The former cricketer received the possession letter in November 2023 but when he inspected the property, the flat was found to be of sub-standard quality.

Aug 06, 2024

Amit Shah Launches E-Sakshya, Nyaya Setu, Nyaya Shruti and E-Summon App

  • Union Home Minister and Minister of Cooperation, Amit Shah launched the e-Sakshya, Nyaya Setu, Nyaya Shruti and e-Summon apps for the three new criminal laws in Chandigarh. The Governor of Punjab and Administrator of Chandigarh, Gulab Chand Kataria, and the Union Home Secretary were among the dignitaries present on the occasion.
  • With e-Sakshya, investigating officers can record videos and take photographs of crime scenes as needed. The application also allows officers to gather information from witnesses and record their statements. Once the recording is complete, all information is securely transmitted to an evidence locker and linked to the charge sheet, which is then made available to the court electronically. These recordings and photographs can also be downloaded for use by prosecutors and defence lawyers.
  • The second tool, Nyaya Shruti, facilitates court hearings through electronic medium. This automated system is connected with the police, prisons, prosecution, forensics, and designated access points. Whenever the court issues a summons or warrant, an alert is sent to the domain application, and a video conferencing link for judicial hearings is provided to all relevant individuals and officers.
  • The third application, e-Summon, handles the electronic compliance of legal orders. Through this facility, legal orders such as summons and warrants issued by the court are electronically transmitted to the police. These orders are then distributed to the relevant officers via their mobile devices. The officers deliver the orders to the specified addresses and obtain the recipient's signature upon delivery.

Aug 05, 2024

Madras High Court Declares Section 77-A of the Registration Act Unconstitutional

  • In a landmark judgment, the Madras High Court declared Section 77-A of the Registration Act, 1908, unconstitutional. The contentious section, introduced through a 2022 State amendment, granted District Registrars extensive quasi-judicial powers to cancel property documents registered under fraudulent circumstances or with forged documents.
  • Justices S. S. Sundar and N. Senthilkumar presided over the case, stemming from a cluster of approximately 200 writ petitions challenging the amendment. The justices criticized the excessive powers conferred upon District Registrars, noting that such powers could lead to "unimaginable hardship and irretrievable damage" to the real owners of properties, impacting many across the state.
  • The Court highlighted that while Section 77-A might provide a swift remedy in isolated incidents, its broader implications could destabilise property ownership, turning numerous properties litigious without adequate judicial oversight. The existing sections, 22-A and 22-B of the Act, already empower officials to refuse registration of certain documents, but Section 77-A extended these powers to cancel already registered documents, a move the court found overreaching.
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