1. SC Refuses to Entertain Plea Seeking Ban on Persons with Criminal Antecedents from Contesting Elections
A Bench of the Supreme Court comprising of Justices L Nageswara Rao, Hemant Gupta and Ajay Rastogi refused to entertain a plea seeking bar on persons with criminal antecedents from contesting elections. The Bench states that the issue falls under the domain of the Parliament and that the Court refuses to interfere in the matter on account of the separation of powers.
2. Registered Document is Presumed to be Genuine; Onus to Prove Otherwise is on Person Who Challenges it: SC
The Apex Court has reiterated that a registered document is presumed to be genuine and the onus to prove otherwise lies on the person who challenges the concerned registered document. This was observed in the case titled as Rattan Singh v. Nirmal Gill by a Bench comprising of Justices AM Khanwilkar and Dinesh Maheshwari.
3. High Court Not Required to Frame Substantial Question of Law While Dismissing Second Appeal: Apex Court
The Apex Court Bench comprising of Justices L Nageswara Rao, Hemant Gupta and Ajay Rastogi observed that the formulation of a substantial question of law or reformulation of the same arises only if there are some questions of law and not in the absence of any substantial question of law. This was noted in the case of Kirpa Ram (Deceased) v. Surendra Deo Gaur.
4. Show Cause Notice Must Clearly State Intention to Blacklist The Noticee: Supreme Court
Justices S Abdul Nazeer and BR Gavai of the Supreme Court has noted that a clear notice is essential for ensuring that the person against whom the penalty of blacklisting is intended to be imposed, has an adequate, informed and meaningful opportunity to show cause against his possible blacklisting.
5. Onus is on Residents to Give Explanation When Death Takes Place Inside Privacy of House:SC
The Supreme Court division bench comprising of Justices Sanjay Kishan Kaul and Hrishikesh Roy upheld the conviction of a husband for the murder of his wife after observing that he had not offered an explanation for the death which took place within the privacy of the home. The division bench dismissed the appeal titled as Jayantilal Verma v. State of Madhya Pradesh.
6. Scope of Article 15(3) Much Wider than Article 16(4); CAT Upholds 80% Reservation for Women Nurses in AIIMS
The Principle Bench of the Central Administrative Tribunal, Delhi upheld 80% reservation for women in nursing officer posts, by stating that the reservation is a special provision for women candidate under Article 15 (3) of the Indian Constitution and is held to be valid.
7. Anticipatory Bail Application Not Maintainable by a Person Who Apprehends Arrest After Cancellation of Regular Bail: SC
A bench of the Supreme Court comprising of Justices Navin Sinha and KM Joseph held that a person cannot file an anticipatory bail application apprehending arrest following the cancellation of his regular bail. This was observed in the case of Manish Jain v. Haryana Pollution Control Board.
8. Tamil Nadu Brings Ordinance Banning Online Betting Games
In the instance of the rise in number of suicides by gamers who allegedly lost their money in online gaming, the Governor of Tamil Nadu, Banwarilal Purohit has signed an ordinance on the 20th of November, 2020, to ban online gaming involving betting.
9. Kerala Brings Ordinance Making Cyber Defamation/Intimidation an Offence Punishable with Imprisonment up to 5 Years
The Kerala Governor, Arif Mohammed Khan has reportedly signed an ordinance to incorporate Section 118A in the Kerala Police Act which makes intimidation, defamation or insulting of any person through social media as an offence punishable with imprisonment of the term up to five years and/or up to Rs. 10,000/- fine.
10. Election Commission has the Power to Decide Disputes over Symbol in Case of Party Split: Kerala HC
The High Court of Kerala upheld the order of the Election Commission of India to allot the party symbol ‘two leaves’ to Rajya Sabha MP Jose K Mani-led faction of the Kerala Congress (Mani) Party.
