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TOA 1-15 June, 2023 English Legal Updates

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42 views7 pages

TOA 1-15 June, 2023 English Legal Updates

Uploaded by

Himanshu Sharma
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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TOA

LEGAL UPDATES
01 June – 15 June , 2023
01 June, 2023

1. Investigating Agency can’t defeat right of Statutory bail by filing police


report without completing Investigation : Delhi HC
The Delhi High Court Justice Dinesh Kumar Sharma in the case CBI VS.
Kapil Wadhawan & Anr, 2023 has said that the right to statutory bail of an
accused cannot be defeated merely because police report has been filed by
the investigating agency even when investigation in the case is incomplete.
The Court further stated that, “The police has a right to conduct further
investigation. However, at the same time, the investigating agency under the
garb of further investigation cannot be allowed to file the police report
without completion of investigation, only to defeat the right of statutory bail.
The basic concept is that to fulfil the provision of Section 167, the charge
sheet has to be filed upon completion of investigation,” .

03 June, 2023

1. Judicial Review can’t be exercised to Re-appreciate evidence in


Departmental Enquiry Proceedings : SC
The Supreme Court Bench comprising of Justice Abhay S. Oka and Justice
Rajesh Bindal, while adjudicating an appeal The Indian Oil Corporation &
Ors. v Ajit Kumar Singh & Anr, 2023. has held that a Constitutional Court,
while exercising its power of judicial review, cannot decide the case as if it
is the first stage of the case, as if inquiry is still being conducted and inquiry
report being prepared. Evidence cannot be reappreciated at the stage of
judicial review in a disciplinary proceeding as if conviction in a criminal
trial is being re-examined by the next higher court.

05 June , 2023
1. Nudity of female upper body shouldn’t be regarded as Sexual or
Obscene by default : Kerela HC
In the case XXX vs. State of Kerela , 2023 , Justice Kauser Edappagath of
Kerela HC , while discharging a mother from a criminal case pertaining to
making a video of her children painting on her semi-nude body held that The
depiction of a woman's naked body should not be regarded as sexual or
obscene always. Taking note of the woman's explanation that the video was
made to challenge patriarchal notions and to spread a message against the
over-sexualization of the female body, the High Court observed that the
video cannot be regarded as obscene. She was chargesheeted for offences
under under Sections 13, 14, and 15 of the Protection of Children from
Sexual Offences Act, 2012 (POCSO), Section 67B (d) of the Information
Technology Act, 2000 and Section 75 of the Juvenile Justice (Care and
Protection of Children) Act, 2015 (JJ Act).

06 June , 2023

1. BCI signs MOU with Bar Council of England & Wales for Mutual
Exchange Program of lawyers & Law students
The Bar Council of India has entered into a Memorandum of
Understanding with Bar Council of England and Wales & Law Society of
England and Wales for an exchange programme of Lawyers and Law
Students for mutual exchange of training & learning amongst each others
jurisdiction. Under the MoU, the Bar Council of India has been
authorized to recommend some young Lawyers to the Law Society and to
the Bar Council of England & Wales to provide opportunities of training
and learning in International Law Firms, good Law Offices and in
English Law Courts.
07 June , 2023

1. Will (Before Death of Testator) or GPA cannot confer title in


immovable property : SC
The SC Bench comprising of Justice Dipankar Datta and Justice Pankaj
Mithal, while adjudicating the appeal Ghanshyam v Yogendra Rathi 2023,
has held that a Will or General Power of Attorney (“GPA”) cannot be
recognized as title documents or documents conferring right in any
immovable property. It has been further held that the non-execution of any
document by the GPA holder consequent to it, renders the said GPA useless.

09 June , 2023

1. BCI can prescribe that only the graduates from recognized law colleges
can enrol as advocates : SC
The Supreme Court in BCI vs. Rabi Sahu & Anr , 2023 set aside an Orissa
High Court order which had held that the Bar Council of India cannot
impose a condition that a person must have graduated from a recognized law
college to enrol as an advocate. Relying on the recent Constitution
judgement in Bar Council of India vs. Bonnie Foi Law College & Ors
(which upheld the All India Bar Examination), a Bench of Justices Vikram
Nath and Sanjay Kumar held that the rules framed by BCI for enrolment as
an Advocate can’t be viewed as invalid.

15 June, 2023

1. UCC : Law Commission of India decides again to solicit views of Public


and Religious Organizations
The 22nd Law Commission of India has decided again to solicit views and
ideas of the public at large and recognized religious organizations about the
Uniform Civil Code. This is in view of the fact the consultation paper issued
by the previous Law Commission on the subject is more than three years
old. In 2018, the Law Commission of India released a Consultation Paper on
‘Reform of Family Law’, in which it opined that "formulation of a Uniform
Civil Code (UCC) is neither necessary nor desirable at this stage". Since this
consultation paper is now more than three years old, the present Law
Commission headed by former Karnataka High Court Chief Justice Ritu Raj
Awasthi has decided to invite the views and suggestions of stakeholders
afresh.
CURRENT AFFAIRS

Q1.Which Indian has been inducted as a member of Consultative Committee of


COP -28 ?

Ans. Mukesh Ambani and Sunita Narayan

Q2. When was world NO Tobacco day celebrated ?

Ans. 31 May

Q3. Who successfully launched the telecommunication satellite “Arabsat BADR –


B”?

Ans. Space-X

Q4. By what name has ISRO launched the first satellite of second generation of
Navigation ?

Ans. NUS-O1

Q5. Which city of Maharashtra has been renamed as Ahilya Nagar ?

Ans. Ahmednagar

Q6. Who has been named as “Smile Ambassador” for the oral hygiene campaign
by the Maharashtra Govt. ?

Ans. Sachin Tendulkar

Q7. Where was India- European union Global gateway conference held in June
2023 ?

Ans. Meghalaya
Q8. Who topped the list of Indian brands released ?

Ans. IOS

Q9. Who launched the first commercial grade next generation small satellite -2 ?

Ans. South Korea

Q10.Who has become the Director general of Geological Survey of India ?

Ans. Janardan Prasad

Q11. In which state world’s first 3D temple is being built ?

Ans. Telangana

Q12. Who wrote the book “Who killed Moosewala ” ?

Ans. Jupinderjeet Singh

Q13. Who has started 100 days 100 pays campaign ?

Ans. RBI

Q14. Who has become first woman from Tmil Nadu to climb Mount Everest ?

Ans. Muthaniz Selvi

Q15. Who has been elected as the President of 78 th session of United Nations
Federation ?

Ans. Denise Francis

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