Weekly Legal Journal

17th April 2024 to 2nd May 2024

(i) SC are aware of the flaws in Ballot Paper:

“We are in our 60s. We all know what happened when there were ballot papers, you may have forgotten but we haven’t. As far as ballot paper is concerned, we all knowits drawbacks.” These were the words of a bench of SC as it responded to pleas for discarding Electronic Voting Machines (EVMs).
This came as response to a petition that demanded 100% verification of EVM votes with VVPAT slips just days before the general elections in India.

(ii) Ramdev, aide offer apology to SC with folded hands:

Pushed to the wall by SC for violating its order, Baba Ramdev and his compatriot Balkrishna admitted to giving misleading advertisements about Patanjali products and sought to apologize to the court with folded hands. They also issued a public apology on all leading newspaper and in accordance to SC suggestion that the apology should be of the same size as their advertisements.
While lauding Baba Ramdev’s contribution to yoga, court said that there is a procedure to get his products recognized by a competent authority and that by doing so it doesn’t give him the license to criticize modern medicine, without sound basis.

(iii) HC acquits 2 men arrested 27 years ago for murder:

After almost 23 years when they were held guilty of murder and handed life term, Delhi HC have acquitted two men after it was found that the main evidence against them was that they were “last seen” with the victims. This theory of last seen with the victim was dismissed by the court as both of them, the accused and the victim, worked together and the fact of last seen was also not proved beyond a shadow of doubt.

(iv) Childcare leave for women is mandatory: SC

The Supreme Court said that two-year childcare leave, apart from mandatory 180 days maternity leave, for a woman employee is a constitutional mandate and denial of such leave is asking her to quit her job.

(v) SC sets aside HC order, allows raped minor to terminate 30-week pregnancy:

Using its omnibus powers under Article 142 of the Constitution, the Supreme Court allowed termination of a 14-year old girl’s 30-week old pregnancy, allegedly, by sexual assault, following a report of a medical board that said that though MTP at this stage is risky, threat to minor’s life is more if pregnancy continues to full-term.

(vi) SC studies key questions on wealth redistribution:

A nine-judge bench of the Supreme Court is in the process of interpreting Article39(b) of the Constitution to determine whether this Directive Principle of State Policy allows state government to treat and redistribute privately owned property under the ambit of ‘material resources of the community’ for greater common good.

(vii) FMCGs under SC lens for misleading advertisements:

Expanding the ambit of its proceedings on misleading ads, Supreme Court sought response from Center and States on action taken against other FMCG companies for luring people with deception.

(viii) Calcutta HC sets aside Ganguly order in Suvendu kin case:

Calcutta HC has set aside an order passed down by the former judge Shri Abhijit Ganguly, who has recently joined BJP and is a Lok Sabha candidate. He had fined a sub-divisional police officer Rs 5lakh for allegedly harassing Krishvendu Adhikari, elder brother of BJP’s Suvendu Adhikari.

(ix) Teacher Scam:- SC stays CBI probe against ministry:

SC on Monday did not stay the Calcutta HC order to junk appointment of over 25,000 teachers in Bengal but stopped further probe into the matter by CBI as the spooked state said that CBI will use this to arrest leaders of the TMC and de-stabilize the state government.

(x) SC raises concern over the time of arrest of Kejriwal:

Supreme Court said ED would have to give an explanation on the timing of Delhi CM Arvind Kejriwal’s arrest, which was carried out just before general elections, and observed that the gap between the initiation of proceedings in the alleged Delhi Scam excise case and the arrest was ‘bothering’ the court.

(xi) Requisite rites must be for valid Hindu Marriage under act: SC

A bench of the Supreme Court said Section7 of the Hindu Marriage Act lists ‘ceremonies of a Hindu marriage’, which have to be complied with for validity of the marriage and if not done, then the marriage is not deemed valid in the eye of law.
This came as the SC was observing that a Hindu marriage is a sacred process and not merely a ‘song and dance’ and ‘wining and dining’.

Compiled By- Siddhant Upadhyay