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Revocation of Article 370 and Integration of Kashmir with India

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TECHNOLOGY UPDATES

Google Search In connection with Google’s search results, the company will make changes to its algorithm. Google’s vice president of news Richard Gingras in his blog said that it would promote articles that demonstrated “original, in-depth and investigative reporting.”

HEALTH CARE UPDATES

Antibiotics-Use of antibiotics: In a study published on September 10, 2019 in the Journal of the American College of Cardiology, researchers at the University of British Columbia (UBC) found that use of fluoroquinolone antibiotics, such as Ciprofloxacin or Cipro, face a 2.4 times greater risk of developing aortic and mitral regurgitation, where the blood backflows into the heart, compared to patients who take amoxicillin, a different type of antibiotic. The greatest risk is within 30 days of use.


PAKISTAN DIARY

18 September 2019: The Pakistan government on Wednesday announced its decision not to grant permission for Prime Minister Narendra Modi to use Pakistani airspace for his flight to Germany.

14 September 2019: Pakistan is at its wit’s end about forcing an urgent debate or introducing a resolution at the session in Geneva. Barring China, other countries in the 47-member UNHRC haven’t expressed a demand for a debate on Kashmir while European nations have maintained radio silence on the issue.

13 September 2019:  Interior Minister of Imran Khan government, Brigadier (Retd) Ijaz Ahmed Shah has admitted that Pakistan has failed to garner support from the international community on the Kashmir issue, saying despite Islamabad’s efforts, the world “rather believes India’ . He made his comments while giving interview to Hum News channel on yesterday, Brig. Retd. Shah further said Pakistan’s ruling elite had destroyed the nation.

10 September 2019: The relationship between India and Pakistan is “less heated” now than what was two weeks ago, United States President Donald Trump has said, reiterating his offer to help the two South-Asian neighbours only if both of them want. The comments by Trump came two weeks after his meeting with Prime Minister Narendra Modi on the sidelines of the G7 summit in France on August 26.

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BHARATIYA UPA MAHADESH

  • Indian Shipping Laws - Enactment Date Act Number Short Title Purpose and Gist 27-Aug-1838 19 The Coasting vessels Act, 1838 11-Feb-1873 08 The Northern India Canal and Drainage Act, 1873 15-Mar-1881 16 The Obstructions in Fairways Act, 1881 18-Dec-1908 15 The Indian Ports Act,
  • PETROLEUM AND NATURAL GAS LAWS OF INDIA - Enactment Date Act Number Short Title View 13-Feb-1857 05 The Oriental Gas Company Act, 1857 1-Mar-1867 11 The Oriental Gas Company Act, 1867 6-Sep-1934 30 The Petroleum Act, 1934 8-Sep-1948 53 The Oilfields (Regulation and Development) Act, 1948 7-Dec-1962 50
  • Road Transport and Highway Laws-India - Enactment Date Act Number Short Title Purpose and Gist 4-Jun-1851 08 The Indian Tolls Act, 1851 11-Apr-1856 09 The Indian Bills of Lading Act 1856 7-Jul-1861 16 The Stage-Carriages Act, 1861 24-Mar-1864 15 The Indian Tolls Act, 1864 9-Nov-1878 17
  • Mining Laws in India - Enactment Date Act Number Short Title Purpose and Gist 16-Oct-1885 18 The Land Acquisition (Mines) Act, 1885 28-Dec-1957 67 The Mines and Minerals (Development and Regulation) Act, 1957 7-Sep-1976 100 The Metal Corporation (Nationalisation and Miscellaneous Provisions) Act, 1976 25-Dec-1983
  • Labour and Employment Laws-India - Enactment Date Act Number Short Title Purpose and Gist 5-Mar-1923 08 The Employees Compensation Act, 1923 27-Aug-1925 19 The Provident Funds Act, 1925 25-Mar-1926 16 The Trade Unions Act, 1926 23-Apr-1936 04 The Payment of Wages Act, 1936 23-Apr-1946 20
  • Rousing Call to Hindu Nation: Swami Vivekananda - It is only the Vedic religion which considers ways and means and lays down rules for the fourfold attainment of man, comprising Dharma, Artha, Kama, and Moksha. Buddha ruined us, and so did Christ ruin Greece and Rome! Then, in due course of time, fortunately, the Europeans became Protestants, shook off the teachings of Christ as represented by Papal authority, and heaved a sigh of relief. In India, Kumârila again brought into currency the Karma-Mârga, the way of Karma only, and Shankara and Râmânuja firmly re-established the Eternal Vedic religion, harmonising and balancing in due proportions Dharma, Artha, Kama, and Moksha. Thus the nation was brought to the way of regaining its lost life; but India has three hundred million souls to wake, and hence the delay.
  • With the reference of Sabarimala case to a larger bench status of women entry in sanctum automatically stayed - No Sabarimala entry for women after reference to seven judges Bench by Supreme Court

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💡 Current Supreme Court Decisions

  • Government of NCT of Delhi Vs. Subhash Jain and Ors(02/12/2022) - The expression "paid" in the main part of Section 24(2) of the 2013 Act does not include a deposit of compensation in court. The consequence of non-deposit is provided in the proviso to Section 24(2) in case it has not been deposited with respect to majority of landholdings then all beneficiaries (landowners) as on the date of notification for land acquisition under Section 4 of the 1894 Act shall be entitled to compensation in accordance with the provisions of the 2013 Act.
  • Union of India and Ors Vs Subrata Nath(23/11/2022) - being fact finding authorities, both the Disciplinary Authority and the Appellate Authority are vested with the exclusive power to examine the evidence forming part of the inquiry report. On finding the evidence to be adequate and reliable during the departmental inquiry, the Disciplinary Authority has the discretion to impose appropriate punishment on the delinquent employee keeping in mind the gravity of the misconduct.
  • Pawan Kumar Goel Vs. State of Uttar Pradesh & Anr.(17/11/2022) - IMPORTANCE OF PLEADING IN NI ACT-It is necessary to specifically aver in a complaint under Section 141 that at the time the offence was committed, the person accused was in charge of, and responsible for the conduct of business of the company. This averment is an essential requirement of Section 141 and has to be made in a complaint. Without this averment being made in a complaint, the requirements of Section 141 cannot be said to be satisfied.
  • Varimadugu Obi Reddy Vs. B. Sreenivasulu & Ors (16/11/2022) - SARFAESI Act, 2002-Although the respondent borrowers initially approached the Debts Recovery Tribunal by filing an application under Section 17 of the SARFAESI Act, 2002, but the order of the Tribunal indeed was appealable under Section 18 of the Act subject to the compliance of condition of predeposit and without exhausting the statutory remedy of appeal, the respondent borrowers approached the High Court by filing the writ application under Article 226 of the Constitution. We deprecate such practice of entertaining the writ application by the High Court in exercise of jurisdiction under Article 226 of the Constitution without exhausting the alternative statutory remedy available under the law
  • Naveen Vs. State of Haryana & Ors-(01/11/2022) - SECTION 319 Cr.P.C-Power under Section 319 CrPC is a discretionary and extraordinary power which should be exercised sparingly and only in those cases where the circumstances of the case so warrant and the crucial test as noticed above has to be applied is one which is more than prima facie case as exercised at the time of framing of charge, but short of satisfaction to an extent that the evidence, if goes unrebutted, would lead to conviction.
  • Aroon Purie Vs. State of NCT of Delhi & Ors (31/10/2022) - DEFAMATION-There is no statutory immunity for the Managing Editor, Resident Editor or Chief Editor against any prosecution for the alleged publication of any matter in the newspaper over which these persons exercise control. In all these cases, the complainants have specifically alleged that these appellants had knowledge of the publication of the alleged defamatory matter and they were responsible for such publication; and the Magistrates who had taken cognizance of the offence held that there was prima facie case against these appellants. It was under such circumstances that the summonses were issued against these appellants.
  • Directorate of Enforcement Vs. Padmanabhan Kishore (31/10/2022) - Prevention of Money Laundering Act-Proceeds of crime-By handing over money with the intent of giving bribe, such person will be assisting or will knowingly be a party to an activity connected with the proceeds of crime. Without such active participation on part of the person concerned, the money would not assume the character of being proceeds of crime
  • Dr. Manik Bhattacharya Vs. Ramesh Malik and Ors (18/10/2022) - PROTECTION FROM ARREST GRAMTED-The case on hand is a case where the criminal law is directed to be set in motion on the basis of the allegations made in anonymous petition filed in the High Court. No judicial order can ever be passed by any court without providing a reasonable opportunity of being heard to the person likely to be affected by such order and particularly when such order results in drastic consequences of affecting one's own reputation.
  • Dr. Manik Bhattacharya Vs. Ramesh Malik and Ors (20/10/2022) - The Prevention of Money Laundering Act, 2002 ("2002 Act"), money laundering is an independent offence and in the event there is any allegation of the Enforcement Directorate having acted beyond jurisdiction or their act of arrest is not authorized by law, the petitioner would be entitled to apply before the appropriate Court of law independently. But that question could not be examined in a Special Leave Petition arising from the proceedings in which the question of Money Laundering were not involved.
  • Kesar Bai Vs. Genda Lal & Anr (14/10/2022) - ADVERSE POSSESSION-Suit seeking declaration of ownership and permanent injunction-In that view of the matter and once the substantial question of law on adverse possession was held in favour of the appellant - original defendant No.1 and the title/ownership claimed on the basis of the Sale Deed dated 31.08.1967 (Ex.P.1) was negated by all the Courts below, thereafter the possession/alleged possession of the plaintiffs could not have been protected by passing a decree of permanent injunction in favour of the plaintiffs.

💡 Indian High Courts Decisions

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💡 English Courts Decisions

  • BAHRAIN, EGYPT, SAUDI ARABIA AND UNITED ARAB EMIRATES v. QATAR-ICJ 14/07/2020 - Rejects the appeal brought by the Kingdom of Bahrain, the Arab Republic of Egypt, the Kingdom of Saudi Arabia and the United Arab Emirates on 4 July 2018 from the Decision of the Council of the International Civil Aviation Organization, dated 29 June 2018; Holds that the Council of the International Civil Aviation Organization has jurisdiction to entertain the application submitted to it by the Government of the State of Qatar on 30 October 2017 and that the said application is admissible.
  • Supreme Court of Pakistan Quashed Reference filed by President of Pakistan against Justice Qazi Faez Isa-19/06/2020 - One of our pivotal Constitutional values is that the independence of judiciary shall be fully secured. The same Constitution also ordains that to enjoy the protection of law and to be treated in accordance with law is the inalienable right of every citizen. Therefore, it is reiterated that in our constitutional democracy, neither the petitioner judge, nor any other judge, or any individual or any institution, is above the law.
  • Aspen Underwriting Ltd and ors vs Credit Europe Bank NV- [2020] UKSC 11 (01/04/2020) - QUESTION: These appeals concern whether the High Court of England and Wales has jurisdiction to hear claims to recover sums paid under a settlement agreement relating to the loss of an insured vessel.ANSWER: The Supreme Court unanimously dismisses the Insurers’ appeal and allows the Bank’s appeal, declaring that the High Court does not have jurisdiction over any of the Insurers’ claims against the Bank. Lord Hodge gives the sole judgment with which the other Justices agree.
  • Vijay Mallya -v- Government of India- High Court Of Justice QB- 20/04/2020 - The GoI made an extradition request in respect of the Appellant, submitted on 9 February 2017, which was certified by the Secretary of State on 16 February 2017. We consider that while the scope of the prima facie case found by the SDJ is in some respects wider than that alleged by the Respondent in India, there is a prima facie case which, in seven important respects, coincides with the allegations in India.
  • THE GAMBIA v. MYANMAR-ICJ 23/01/2020 - Myanmar asserts that the allegations contained in the OIC documents and statements regarding the situation of the Rohingya mentioned by The Gambia could not give rise to a dispute between the Parties as they did not amount to allegations of violations of the Genocide Convention made by The Gambia . In this regard, Myanmar asserts that the allegations contained in the OIC documents and statements regarding the situation of the Rohingya mentioned by the Gambia could not give rise to a dispute between the Parties.

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