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Top Ten Legal Headlines of The Week 20 Sep 2020

Top Ten Legal Headlines of The Week 20 Sep 2020



Anjana Gopinath
Content Writer

1. SC Directs States and Union Territories to File Affidavit Specifying Measures for Elderly Care Amid COVID-19.

The Supreme Court directed States and UTs to file a detailed affidavit specifying measures to ensure proper care to senior citizens who live alone amidst the ongoing pandemic. The Court has directed to file the same within 4 weeks. The Bench of the court comprising of Justices Ashok Bhushan and R Subhash Reddy, was hearing a petition filed by former Union Law Minister and Senior Advocate

Ashwani Kumar which mentions about the concerns of senior citizens who live alone, and also seeks Rights of the elderly to be safeguarded.

2. Compensation for “Loss of Consortium” in Motor Accident Claims Can Be Awarded to Children and Parents Also: states SC

The Bench of the Supreme Court comprising of Justices Ashok Bhushan and R Subhash Reddy while hearing appeals filed by three insurance companies, observed that in Motor Accident Compensation Claims, consortium can be awarded to children and parents also.  The said observation was made by the Court in the case titled as The New India Assurance Company Limited v. Somwati.

3. “Will impose heavy costs if you argue this case”: SC to Petitioner; PIL Challenging Rise in Petrol and Diesel Withdrawn by Petitioner.

The Apex Court Bench comprising of Justices RF Nariman, Navin Sinha and Indira Banerjee, dismissed as withdrawn a Public Interest Litigation filed by Kerala-based Petitioner Shaji Kodankandath, which challenged the rise in prices of petrol and diesel. The petition was withdrawn after the bench expressed serious disinclination to entertain the same.

4. Surrogacy (Regulation) Bill, 2019 to be Placed Before Rajya Sabha in the Ensuing Monsoon Session: Centre Informs SC.

The Centre has informed the Supreme Court that the Surrogacy (Regulation) Bill, 2019 is going to be placed before the Rajya Sabha in the ensuing Monsoon Session. The submission was made by the Additional Solicitor General while the bench comprising of Justices NV Ramana, Surya Kant and Hrishikesh Roy, was hearing an appeal which raises the issue of citizenship of a child born in India out of Surrogacy in which biological parents are foreign nationals, but the surrogate was an Indian. The case titled as Union of India & Anr. v. Jan Balaz & Ors. has been listed for hearing after eight weeks.

5. SC Dismisses Petitions Seeking Postponement of NEET 2020.

The Supreme Court refused o entertain fresh petitions seeking to postpone the National Eligibility cum Entrance Test (NEET) for admissions to undergraduate medical courses scheduled to be held on September 13. The Bench of the Court comprising of Justices Ashok Bhushan, R Subhash Reddy and MR Shah dismissed the pleas by stating that “career of the students cannot be put in peril for long”.

6. Delhi HC Grants Interim Protection from Arrest to Alt News Co-founder in Plea Seeking Quashing of FIR.

A single Bench of the High Court of Delhi comprising of Justice Yogesh Khanna granted interim protection from arrest to Co-founder of Alt News, Mohammed Zubair in a plea moved by him seeking quashing of FIR lodged against him over a tweet made by him in response to a twitter user.

7. Death Occurred Due to Single Stab Injury Can Also Attract Section 302 of IPC: States SC.

The Supreme Court Bench comprising of Justices Ashok Bhushan, R. Subhash Reddy and MR Shah observed that even in cases when death has occurred due to a single stab injury, Section 302 of the Indian Penal Code, i.e., Murder, can be attracted. The Bench noted the same while disposing a Criminal Appeal titled as Stalin v. State.

8. Bombay HC States BMC’s Action, Prima Facie Does Not Appear to be Bona fide and Smacks of Mala fides.

The High Court of Bombay while restraining the Municipal Corporation of Greater Mumbai from carrying out any further demolition at Kangana Ranaut’s residence in Bandra, stated that the action prima facie does not appear to be bonafide. The observation was made by a division bench of the court comprising of Justices SJ Kathawalla and RI Chagla.

9. Mere Passage of Time During Pendency of Appeal Cannot be a Ground to Suspend Sentence and Grant Bail in NDPS Cases: states SC

A Bench of the Apex Court comprising of Justices Sanjay Kishan Kaul, Aniruddha Bose and Krishna Murari observed that the rigors of Section 37 of the NDPS Act, 1985 would have to be met before the sentence of a convict is suspended and bail granted. The statement was made in the case titled as Sheru v. Narcotics Control Bureau.

10. Criminal Prosecution on Same Allegations Cannot Continue if Exoneration in Departmental Proceedings is on Merits: states SC.

The Supreme Court, in the case titled as AshooSurendranath Tewari v. Deputy Superintendent of Police, EOW, CBI, has reiterated that in case of exoneration in departmental proceedings on merits and when the allegation is found to be not sustainable and the person is held innocent, criminal prosecution on the same set of facts and circumstances cannot be allowed to continue. The observation was made by a Bench comprising of Justices RF Nariman, Navin Sinha and Indira Banerjee.