Top Ten Headlines of The Week
1. Income Tax Return deadline extended for various categories.
On 30th December the Ministry of Finance extended the deadlines for filing of Income Tax return for the financial year 2019-2020. The due date for those taxpayers whose due date of filing return as per Income Tax Act was 31st October 2020 which was extended to 31st January 2021 has been extended to 15th February 2021. Those taxpayers whose due date of filing return as per the Act was 30th November 2020 has been extended 15th February 2021. The taxpayers whose due date as per the Act was 31st July 2020 has been extended to 10th February 2021.
2. Supreme Court observed that the Accused’s Right of being represented through a counsel is a fundamental right.
Supreme Court while hearing an appeal in a murder case observed that Right of being represented through a counsel is a fundamental right of accused. In this case, one of the accused dies after an appeal in High Court and no learned counsel of that accused appear before the Court during the proceedings. The Counsel of accused submitted before the Apex Court that the appeal was disposed of in absence of any representation of the appellant-accused. The court in this context observed that the proceedings of Court should not go unrepresented and the Court should appoint an amicus curie instead.
3. Kerela High Court observed that Section 357A (4) of Cr.P.C. is substantive and applies to victims prior to the enactment.
In the case of District Collector Alappuzha v. District Legal Services Authority, Alappuzha and Ors [WP© no. 7250 of 2014 e], Kerela High Court observed that Section 357A (1), (4), (5) are substantive in nature and victims would be entitled to compensation if the incident occurred prior to coming into force of the said provision.
4. Allahabad High Court took Suo-moto cognizance over the police assault case in Etah.
Recently an incident took place in Etah, Uttar Pradesh, where Police broke into the house of an advocate, dragged him out and beat him mercilessly. After the horrible incident Bar Council of India condemned the act done by the police and prayed for stringent punishments to the alleged police personals. Allahabad High Court has taken Suo -moto cognizance over the matter.
5. Allahabad High Court observed that Woman entering into New Relationship without divorce wouldn’t deprive her of custody of her minor child.
The Allahabad High Court recently observed that when a woman allegedly enters into another relationship without divorcing her prior husband, the later relationship might not be socially acceptable but this cannot deprive the woman of the custody of her minor child.
6. Supreme Court held that there is no complete bar on anticipatory bail in regard to Triple Talaq.
Court held that there is no bar on granting anticipatory bail to the offender for an offence committed under the Muslim Women (Protection of Rights on Marriage) Act 2019. Before granting of anticipatory bail, the competent court must hear the complainant women.
7. Newly appointed Judges of the High Court in the States of India.
Center has notified the appointment of Chief Justices of the following High Courts of India:
Andhra Pradesh: Justice AK Goswami.
Sikkim: Justice Jitender Kumar Maheshwari.
Orissa: Justice S Murlidhar
Telengana: Justice Hima Kohli.
Jammu & Kashmir: Justice Pankaj Mithal.
Himachal Pradesh: Justice Ravi. V. Malimath.
Uttarakhand: Justice RS Chauhan
Madhya Pradesh: Justice Mohammad Raffiq.
8. Supreme Court held that relatives of the husband cannot be made accused of triple talaq.
The Muslim Women (Protection of Rights on Marriage) Act declares triple talaq to be void and illegal and the husband pouncing triple talaq is liable to punishment. The same Act is not applicable to the relatives of the husband and husband is the sole accused. This observation of Supreme Court is in context of denial of anticipatory bail by High Court to the mother-in-law of the victim charged U/Ss 498A and 34 of IPC. On approaching the Apex Court, Hon’ble Court observed that the offender is the Muslim man who pronounced triple talaq and the law cannot be applied to the relatives of the accused. [ Rahna Jalal v. State of Kerela (Criminal Appeal no 883 of 2020]
9. RTI reply reveals that 1072 cases of bail and suspension of sentence cases are pending in the Supreme Court.
Supreme Court replied to an RTI application filed by RTI activist Saket Gokhale which reveals that 1072 cases of bail and suspension of sentence cases are pending in Supreme Court of India as on December 18, 2020. This includes 931 bail petitions and 141 cases seeking suspension of sentence.
10. Bar Council of India to move the Supreme Court to make practising mandatory for judicial officers.
BCI through a press release said that judicial offices who have no practising experience in courts are generally incapable and therefore BCI said that it will file an application before the Hon’ble Supreme Court to make law practising in Courts mandatory for freshers to sit for Judicial Service Examinations.