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TOP 10 LEGAL HEADLINES OF THE WEEK 15 Nove 2020

TOP 10 LEGAL HEADLINES OF THE WEEK 15 Nove 2020


                  	

1. SC Explains When Power to Transfer Petitions Under Hindu Marriage Act Can Be Invoked

         The Apex Court held that the power to transfer a petition under Section 21A of the Hindu Marriage Act can be invoked only when the subsequent petition is either a petition seeking judicial separation under Section 10 or petition seeking divorce under Section 13. This was held by Justice V Ramasubramanian in the case of Shruti Kaushal Bisht v. Kaushal R Bisht. 


2. Magistrate While Handing Over Possession Under SARFAESI Act Not Required to Seek Permission from Company Judge: states SC

         A Bench of the Supreme Court comprising of Justice L Nageswara Rao, Hemant Gupta and Ajay Rastogi held that a Magistrate exercising power under Section 14 of the SARFAESI Act is not required to seek permission from the Company Judge before directing handing over of possession of a property. This was held in the case titled as M/s Asset Reconstruction Company (India) Ltd. v. Sagi Narayana Raju.


3. Delhi HC Asks Republic TV, Time Now to Comply with Programme Code; States TV Channel Cannot Run Maligning Campaign

        Justice Rajuv Shakdher of the Delhi High Court, while hearing a plea moved by film production houses against Republic TV and Times Now, has directed the channels to follow the Programme Code. 


4. SC Refuses to Lift Delhi Stay on Government Order to Reserve 80% ICU Beds in Private Hospitals for COVID-19 Patients

         A Vacation Bench of the Supreme Court comprising of Justices Ashok Bhushan and BR Gavai has refused to entertain the special leave petition filed by Delhi Government against Delhi High Court’s stay on the government order to reserve 80 per cent ICU beds in private hospitals for CVID-19 patients. 


5. Madras HC Directs Blocking of Ex-HC Judge’s Videos with Obscene Allegations Against Judges and Their Families

        A Division Bench of the Madras High Court comprising of Justices M Sathyanarayanan and R Hemalatha has directed the Tamil Nadu Government and state police to take measures to block the videos featuring the derogatory and defamatory statements made by CS Karnan, former HC judge against former and sitting judges of the Supreme Court and High Court. The Ex-HC judge had also passed rape threats and sexually coloured remarks against wives of judges, women lawyers and female court staff.  


6. Supreme Court Grants Interim Bail to Arnab Goswami

        A division Bench of the Supreme Court comprising of Justice DY Chandrachud and Indira Banerjee has granted Interim Bail to Arnab Goswami. The Court stated that “if State Government targets individual, they must realize that the Supreme Court is here to protect them”. 


7. Lack of Jurisdiction of a Court May be a Ground to Seek Dismissal/Return of Proceedings, Not Transfer: SC

The Apex court bench comprising of Justice V Ramasubramanian stated that “...if a court has no jurisdiction to try a lis, it is good for the party raising the issue of jurisdiction to seek the dismissal/return of the proceedings, rather than seeking a transfer.” This was observed by the court while dismissing a plea by the Indian Olympic Association which sought the transfer of a writ petition pending before Kerala High Court to Delhi High Court. 


8. Prisoners Too Have Human Rights; Allahabad HC Directs UP Government to Improve Condition of District Jail

         The Allahabad High Court bench comprising of Chief Justice Govind Mathur and Justice Shashi Kant Gupta has directed the State Government to take appropriate and remedial action to improve the condition of the Basti District Jail. This direction was a result of a report filed by the Secretary, District Legal Services Authority, Basti. 


9. No Constitutional Right for Insisting on Continuation of Union’s Stake in BPCL; Bombay HC Dismisses Petitions Challenging UOI’s Decision to Disinvest

         The Bombay HC Division Bench of Justices SC Gupte and Madhav Jamdar dismissed petitions challenging the decision taken by the Union of India of in-principle disinvestment of its shareholding in Bharat Petroleum Corporation Ltd. noting that there is no fundamental or constitutional right for insisting on continuation of Union’s stake in BPCL.


10. Mobile Internet to Remain at 2G Speed in J&K till November 26 Except in Two Districts

        The Home Department of the Government of Jammu & Kashmir has passed another Order, extending the restrictions based on internet speed in the Union Territory till November 26, 2020. Except Ganderbal and Udhampur districts, the residents will have access to only 2G internet services. 



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