Lawgic Simplified

By - Hiranmayi Gowravajhula* The Supreme Court on August 24, 2021, nullified a notification issued by the State of Haryana on August 17, 2016, regarding identification of creamy layer and sub-classification of backward classes, with preference in reservation given to a particular section of a backward class group.  The State has been given three months to issue a fresh notification, as ordered by the Court. However, the bench has allowed that admittance and placements in state services that have already been made on the basis of the aforementioned notification shall not be disrupted.  Also Read - Delay in submitting the forensic test report due to the lack of adequate manpower poses a significant challenge to the administration of justice: Orissa High Court The reason for this decision is that despite Section 5(2) of the Haryana Backward Classes (Reservation in Services and Admission in Educational Institutions) Act, 2016, (the 2016 Act) which made it mandatory for...

By - Pavni Dada* The field of forensic science is hampered by manpower shortages. Due to this, as well as the large number of pending cases, experts frequently fail to complete the testing within the time frame set forth in the testing protocol. The High Court of Orissa took note of the fact that most of the forensic laboratories are understaffed and lack basic infrastructure.  It was brought to the notice of the court that 579 cases pertaining to DNA tests are pending with the State Forensic Science Laboratory (“SFSL”), Bhubaneswar which is manned by only two Scientific Officers and two Assistant Scientific Officers. Though proposals to increase the strength have been given to the government, no steps have been taken by the government in this regard.   Also Read - Admissions conducted through private counselling are per se illegal: Supreme Court dismisses plea of students admitted through private counselling “It is unfortunate that the State Government has not given pr...

By - Divisha Srivastava* While dismissing the review petitions filed by some medical students, the Supreme Court observed that no sympathy can be offered to those who entered by the backdoor. Some medical students had filed a petition before the Supreme Court, contesting the Medical Council of India’s discharge letter directing discharge of 67 students admitted to the Glocal Medical College. They stated that they were admitted through the Glocal Medical College’s counselling process and that they had passed the first and second-year examinations. Also Read - An educated person is not immune to cheating: Delhi High Court denies anticipatory bail to a senior Navy officer accused of rape In response to their petition, the MCI and the State of Uttar Pradesh claimed that they were admitted through backdoor and that their admission was a consequence of collaboration between the Glocal Medical College and them. The court noted that the state of Uttar Pradesh has issued a notification mand...

By - Shriya Singh* The Delhi High Court in a recent judgment denied anticipatory bail to a senior Indian Navy officer accused of having sexual relationship with a woman on pretext of marriage which amounts to rape. The Court in this matter observed that an educated person is not immune to cheating. The court stated, " No doubt, the victim is an educated lady, but is an educated person immune to cheating. The answer would be “no”. ”   The petition was filed under Section 438 of the Code of Criminal Procedure for anticipatory bail. The petitioner was alleged of indulging in sexual intercourse with the prosecutrix on the pretext of marriage.   Also Read -  Clear and specific legal framework needed for cases involving 'sex on false promise of marriage': Allahabad High Court It was alleged that the petitioner gave the prosecutrix a cold drink mixed with sedatives which she consumed and felt dizzy. Even though she wanted to go home, the petitioner took her to his room and gav...

By - Sameeksha Negi* The Bombay High Court has observed that “If Counsel has not urged a point, the fact that there were written submissions is immaterial if those written submissions were never in fact argued.” The Bench also added that “Counsel’s failure to argue written submissions is not a ground of review or, I dare say, even appeal. It is no ground to assail any order of any judge of any court.”   The bench was hearing a review petition filed for seeking reinstatement of original arbitration petition on grounds some of which were never argued and others never pleaded and the said petition was filed after the original arbitration petition was fully argued, and then decided by pronouncement in open court. Also Read - The Pension Scheme for freedom fighters cannot be construed in a manner that the requirements prescribed are rendered a dead letter: Bombay HC According to Justice GS Patel allowing parties to take grounds in review pleas or in appeals that were not argued initi...

By - Pavni Dada* The petitioner, Smt. Rukhminbai submitted that her husband, Asaram Daulatrao Kale (deceased), who died on April 5, 2017, was entitled to pension payments. On November 24, 1994, Asaram Daulatrao was alleged to have submitted a request for provision of pension under the Swatantra Sainik Samman Pension Scheme 1980 (“Scheme”) to the district collector of Aurangabad with the documented evidence needed. According to the petitioner, her husband had learned for the first time in January 2014 that on May 12, 1999, his pension claim was dismissed under the scheme.  The Aurangabad bench of Bombay High Court observed that “...the petitioner herein has no locus standi to lay a claim to pension under the Scheme once her deceased husband’s claim to the same was rejected by the concerned Authority.” Also Read - Rent Act would not come to the aid of a "tenant­-in-sufferance" vis -à-­vis SARFAESI Act due to the operation of Section 13(2) r/w Section 13(13) of the SARFAESI A...

By - Hiranmayi Gowravajhula* A division bench of Supreme court, on Tuesday, addressed the important issue of whether the rent act would come to the assistance of a “tenant-in-sufferance” and held that a tenant in sufferance according to the Rent act is not qualified to any protection against Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (“SARFAESI Act”) proceedings.  The tenant is not entitled to possession of the secured asset for more than the term specified under the requirements of the Transfer of Property Act if the tenant relied heavily only on an unregistered component or an oral concurrence facilitated by transfer of ownership in the lieu of a registered instrument, as per the bench. Also Read - The equity of redemption is a right which is subsidiary to the right of ownership: Supreme Court The appellant claimed, in the matter, that he was a protected tenant according to the Maharashtra Rent Control Act, 1999 and resid...

By - Hiranmayi Gowravajhula* A Supreme court bench of Justices Hemant Gupta and AS Bopanna, on Tuesday, observed that the right of equity of redemption is not over and above the right of ownership. “The expression equity of redemption is a convenient maxim, but an owner who has stepped into the shoes of the mortgagor after purchasing the property from the mortgagor but before filing a suit for foreclosure is entitled to redeem the property under Section 60 of the Transfer of Property Act.”, the bench observed. The mortgagee in this case filed a lawsuit against the mortgagors to reclaim the mortgage amount. This lawsuit resulted in the mortgagors’ right to redeem the property being revoked. Following that, the plaintiff filed a lawsuit against the original mortgagors and the mortgagee, requesting that the mortgaged property be redeemed. He claimed that the mortgagors had sold him the mortgaged land, and that he had therefore taken their place in the selling transaction.  Also Rea...

By - Divisha Srivastava* Concerning the usage of PVC and chlorinated plastics in banners/hoardings used during elections, the Supreme Court has expressed “hope and faith” that the Union of India will take appropriate decisions and pass instructions after finalising objections to the draft notification on the matter. The bench of Justices L. Nageswara Rao and Aniruddha Bose was hearing an appeal against the NGT's November 2019 ruling on the subject of remedial steps to prohibit the use of PVC and chlorinated plastics in election-related materials such as banners, hoardings, and the like.  Also Read - Bombay High Court directs stay of operation of sub-rules (1) and (3) of Rule 9 of the Information Technology Rules, 2021 NGT had noted that the Ministry of Environment, Forest and Climate Change (“the Ministry”) has issued directions to the Chief Electoral Officers and to the Chief Secretaries of all States and Union Territories encouraging them to use alternative material in election c...