Advocatetanmoy Law Library

Payal Ghosh accuses Anurag Kashyap of sexual assault … She Twitted…There are a thousand efforts every day to suppress my voice. The plot to change the twist every day is happening. This is what happens when someone without a filmy background raises the voices. Let the time come, the truth is going to come out .. it’s eventual #metoo

• SUMMARY OF THE INDUSTRIAL RELATIONS CODE 2019 - The proposed legislation intends to amalgamate, simplify and rationalise the relevant provisions of the following three central labour enactments relating to industrial relations, namely:— (a) the Trade Unions Act, 1926; (b) the Industrial Employment (Standing Orders) Act, 1946; and (c) the Industrial Disputes Act, 1947.
• FARMERS’ PRODUCE TRADE AND COMMERCE (PROMOTION AND FACILITATION) BILL 2020 - A Bill to provide for the creation of an ecosystem where the farmers and traders enjoy the freedom of choice relating to sale and purchase of farmers’ produce which facilitates remunerative prices through competitive alternative trading channels;
• Agri sector reformation-LS passes Farmers’ Produce Bill and Farmers Agreement Bill - Two bills aimed at transforming agriculture in the country and raising farmers’ income were passed by Lok Sabha today. The Farmers' Produce Trade and Commerce (Promotion and Facilitation) Bill, 2020 and The Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm Services Bill, 2020 were introduced in Lok Sabha on 14th September 2020 by Union Minister of Agriculture & Farmers’ Welfare, Rural Development & Panchayati Raj, Shri Narendra Singh Tomar, to replace ordinances promulgated on 5th June 2020.
• Islamic Terrorists and Cases Registered Under Anti-Terror Laws in India - As per information received from NCRB, there are a total of 232, 272 and 317 cases, wherein chargesheet has been filed by the security agencies with respect to the cases registered under Anti-terror law i.e. Unlawful Activities (Prevention) Act, 1967 (UAPA) in the country during the year 2016, 2017 and 2018 respectively.
• Yoga helping rapid recovery of COVID patients: Govt in RS - The Central Council for Research in Yoga & Naturopathy (CCRYN), has undertaken a research project to verify the efficacy of Yoga in facilitating early recovery of COVID – 19 patients in collaboration with Rajiv Gandhi Super Speciality Hospital, Delhi, AIIMS Delhi, AIIMS Rishikesh and RML Hospital, Delhi.

Supreme Court vide its order dated March 23, 2020, took suo motu cognizance of the challenge faced by the country on account of COVID 19 disease and in exercise of its powers under Article 142 read with Article 141 of the Constitution, ordered that the period of limitation in all proceedings shall stand extended with effect from March 15, 2020, till further orders.

Current Judgments

• Sarika Vs. The Administrator, Mahakaleshwar Mandir Committee, Ujjain, MP-1/9/2020 - The original work in the temple is required to be restored. As assured by the Committee, let restoration work be done concerning eyesore painting by 15th December 2020. The Temple Committee is directed to ensure in future not to permit or resort to such painting and covering of the original work, objected by the Expert Committee. Let a report be submitted to this Court in this regard by 15th December 2020.
• Mukesh Singh Vs. State (Narcotic Branch of Delhi)-31/08/2020 - In a case where the informant himself is the investigator, by that itself cannot be said that the investigation is vitiated on the ground of bias or the like factor.-Case overruled: Mohan Lal v. State of Punjab (2018) 17 SCC 627 [Complainant can not be Investigator]
• Vijay Mallya vs.State Bank of India & Ors-31/08/2020 - Though the scope of review was thus limited, we have carefully considered the submissions advanced by Mr. Munim. Those submissions were dealt with and rejected in the judgment under review. In our considered view, the attempt on part of the respondent No.3 to have re-hearing in the matter cannot be permitted nor do the submissions make out any “error apparent on record” to justify interference in review jurisdiction.
• IN RE: PRASHANT BHUSHAN AND ANR-31/08/2020 - The Court, from the very beginning, was desirous of giving quietus to this matter. Directly or indirectly, the contemnor was persuaded to end this matter by tendering an apology and save the grace of the institution as well as the individual, who is an officer of the Court. However, for the reasons best known to him he has neither shown regret in spite of our persuasion or the advice of the learned Attorney General. Thus, we have to consider imposing an appropriate sentence upon him.
• PRANEETH K AND ORS. VS UNIVERSITY GRANTS COMMISSION AND ORS-28/08/2020 - The Guidelines were issued with the object that a uniform academic calendar be followed by all the Universities and final /terminal examinations be held. The State Governments or State Disaster Management Authority in exercise of power under Disaster Management Act, 2005 has no jurisdiction to take a decision that the students of final year/terminal students should be promoted on the basis of earlier year assessment and internal assessment.
• Rhea Chakraborty vs The State of Bihar & Ors-19/08/2020 - CBI INVESTIGATION-At the stage of investigation, they were not required to transfer the FIR to Mumbai police. For the same reason, the Bihar government was competent to give consent for entrustment of investigation to the CBI and as such the ongoing investigation by the CBI is held to be lawful.
• Preet Pal Singh vs The State of UP and Ars-14/08/2020 - SUSPENSION OF SENTENCE-In considering an application for suspension of sentence, the Appellate Court is only to examine if there is such patent infirmity in the order of conviction that renders the order of conviction prima facie erroneous. Where there is evidence that has been considered by the Trial Court, it is not open to a Court considering application under Section 389 to re-assess and/or re-analyze the same evidence and take a different view, to suspend the execution of the sentence and release the convict on bail.
• M. Radha Hari Seshu Vs The State of Telangana-14/08/2020 - Sections 304B, 498A and 302, IPC-we do not wish to go into the merits of the matter at this stage. However, considering the submissions made by the learned counsel and other material placed on record and further taking into account that the appellant is in jail since 15th December 2016, we deem it appropriate that it is a fit case to suspend the sentence imposed on the appellant and to enlarge the appellant on bail, pending Criminal Appeal
• IN RE- PRASHANT BHUSHAN & ANR. …. ALLEGED CONTEMNOR(S)-14/08/2020 - The scurrilous/malicious attacks by the alleged contemnor No.1 are not only against one or two judges but the entire Supreme Court in its functioning of the last six years. Such an attack which tends to create disaffection and disrespect for the authority of this Court cannot be ignored. Recently, the Supreme Court in the cases of National Lawyers Campaign for Judical Transparency and Reforms and others vs. Union of India and others15 and Re: Vijay Kurle & Ors (supra) has suo motu taken action against Advocates who had made scandalous allegations against the individual judge/judges. Here the alleged contemnor has attempted to scandalise the entire institution of the Supreme Court.
• Dahiben Vs. Arvindbhai Kalyanji Bhanusali through LRS. & Ors- 09/07/2020 - The words "right to sue" means the right to seek relief by means of legal proceedings. The right to sue accrues only when the cause of action arises. The suit must be instituted when the right asserted in the suit is infringed, or when there is a clear and unequivocal threat to infringe such right by the defendant against whom the suit is instituted. Order VII Rule 11(d) provides that where a suit appears from the averments in the plaint to be barred by any law, the plaint shall be rejected.

MORE…

• No centralized monitoring system for cold storage facilities for farmers and traders - The information regarding capacity utilization, real time data regarding availability, cost etc on cold storage facilities for farmers and traders etc. is not centrally maintained by the Ministry. There is no real-time monitoring System. Government is implementing following schemes under which financial assistance is provided for setting up of cold storages throughout the country to bridge the gap between availability and required cold storage capacity
• Cannabidiol(CBD) use for anxiety, depression, post-traumatic stress and sleep disorder- Examination of facts - Cannabinoids are chemicals related to delta-9-tetrahydrocannabinol (THC), marijuana’s main mind-altering ingredient that makes people "high." The marijuana plant contains more than 100 cannabinoids. Scientists as well as illegal manufacturers have produced many cannabinoids in the lab. Some of these cannabinoids are extremely powerful and have led to serious health effects when misused.
• Law, life and strategical coexistence policy for effective drug regulation in Uruguay - Comprehensive approach to the problems of people affected by problematic drug use and their environment, which implies the generation of a comprehensive and inter-institutional strategy to act on the main consequences of drug use, in particular cocaine base paste. 
• J & K Administration has issued 16,79,520 domicile certificates including Pandits - Rule 5 of the J&K Grant of Domicile Certificate (Procedure) Rules, 2020 mandates certain documents which are to be annexed with the application. Those applications which lack the prescribed documents are rejected. The relevant order of the Govt. of Jammu & Kashmir is available on their web site, https://jkgad.nic.in
• Indian petrol policy shifted to reduction on oil importation dependency - Ministry of Petroleum and Natural Gas has identified a basket of strategies inter-alia including primarily increasing domestic production of oil and gas and promoting biofuels/alternate fuels with a view to achieving a reduction in import of crude oil. Government has also taken a number of initiatives to encourage the use of alternative fuels like ethanol and bio-diesel through Ethanol Blending in Petrol (EBP) Programme and Bio-diesel blending in diesel.