Prolawctor Daily Legal News Update| 2 September 2020

Prolawctor Daily Legal News Update| 1 September 2020- Prolawctor

Daily Legal News Update

Students unable to Attend JEE Examination due to floods can appeal to NTA- Bombay HC.

On Tuesday, the day scheduled for conduction of JEE Exams; the Bombay HC Suo Motto heard the matter in connection with the letter received from Nitesh Bawankar; which mentions the issues faced by the students who are unable to attend the exam due to floods in Vidarbha Region.

The HC directed that it would not call off the exam but the aggrieved students who are not able to attend can approach the National Testing Agency (NTA).

A division bench led by Justice Ravi K. Deshpande and Justice Pushpa Ganediwala of Bombay HC dismissed the plea after having conversations with the Collectors of Nagpur, Amravati, Akola, Chandrapur, Gondia and Gadchiroli districts which are flood prone zones.

The Court’s concern being that the students residing in such zones should not be suffering without their fault and hence directed the students to move NTA with their pleas and they would be allowed to appear for exams. 

Specially Students from districts of Chandrapur, Bhandara and Gondia whose collectors have confirmed the flood damages in these areas.

The HC therefore directed the NTA to look in to the matter and to deal with the appeals of students within Fifteen days of their receipt and hence dismissed the plea.

10 years’ time granted to Telcos by SC to clear the AGR Dues

A three judge bench of Justice Arun Mishra, Justice Abdul Nazeer and Justice M.R. Shah of the Apex court has finally passed a judgment in case of payment of AGR Dues.

The bench has ordered that the dues should be paid by the Telcos within 10 years’ time which is from 31/03/2021-31/03/2031. The court has ordered that due to the on-going pandemic telcos are required to pay 10% of their total Dues till 31/03/2021.

The bench has also pointed out certain points wherein it is stated by the court that there should be no reassessment, Telcos have to pay their yearly instalments on 31st March of every financial year which is asked by Department of Telecommunications (DoT), in case of default by the Telcos interest would be charged and penalty with interest will have to be paid by telcos and would also be subjected to Contempt of Court.Reserav

The Apex Court has also mentioned a point wherein the NCLT would be deciding whether spectrum can be sold or not under the Insolvency and Bankruptcy Code. Thus, the apex court has passed order in case of AGR Dues [pdf here].

Indian Railways to Assist PwD Category of Students appearing for Physical Exams- Delhi HC

The Division Bench of Justice Hima Kohli and Justice Subramonium Prasad of Delhi High Court has directed Indian Railways to provide their full assistance to the PwD category of students who wish to travel to Delhi to appear for Physical Exams conducted by Delhi University From their Hometowns.

The Railways has ensured the Court that it would help the Handicapped Students in all possible ways from its end, the Railways has ensured the Court that it has applied concession on the prices of the tickets and also will help the students to have reserved seat in case they are having names in waiting lists.

The Court has further issued that the mark sheets of the Fifth semester would be generated by the university within 2 days. Students willing to pursue education through abroad universities will now be provided with an email id. The UGC has also permitted to allow provisional certificates to students in case of admissions for post Graduate courses.

READ ARTICLE: Are we ensuring Disability Rights during COVID-19?

NLSIU  Reservation Case – Karnataka HC reserved its order

The Division Bench of Justice B.V. Nagarathana and Justice Ravi Hosmani of the Karnataka HC have Reserved its order in the case of 25% Domicile Reservation in National Law School of India University.

This matter is in relation to the new amendment introduced by the Karnataka State Government which has the assent of the Governor of the State wherein Section 4 has been included in the National Law School of India Amendment Act which states that the NLSIU would have 25% of Domicile Reservation for the Students of Karnataka and to be eligible for it the student must have completed 10 years of education in the state.

This Amendment is challenged by many petitioners; even the BCI has approached the court and the High Court of Karnataka has today reserved its order in this matter.

Allahabad HC releases Dr. Kafeel Khan from detention.

A division Bench of Chief Justice Govind Mathur and Justice Saumitra Dayal of the Allahabad HC has ordered Dr. Kafeel Khan’s release which was presented before the court through a habeas corpus petition filed on behalf of Khan’s mother.

Khan was unlawfully detained under the National Security Act (NSA) for his speeches in Aligarh district during previous year’s CAA protests. The Counsel on behalf of Khan argued that his speeches did not promote any hatred or violence also there were no threats to public peace because of his speeches. The charges so pressed against him were after the chief Magistrate granted him bail to which the counsel argued that the detention was to subvert his bail granted by the Magistrate.

After the submission made by the Additional Advocate General on behalf of state that the speeches were recorded in a CD to which the counsel mentioned that there was no CD player which would help the Khan to hear the speeches and contended that it was violative of Article 22 of the Indian Constitution, this submission on behalf of counsel was accepted by the court and the court ordered release of Khan from detention under NSA and allowed the Habes Corpus Plea [pdf here].

Devangana Kalita Pinjra Tod member granted bail by Delhi HC in Delhi Riots Case

Delhi Riots Case which took place in the North East part of Delhi which was in relation to the protests against the CAA-NRC, wherein the Accused Devangana Kalita a member of Pinjra Tod organization was seen protesting against CAA was arrested by the Delhi police on grounds of causing riots and giving speeches that instigated women of particular community or grave hatred speech which resulted in the loss of a young man’s life.

A single judge bench of Delhi High Court led by Justice Suresh Kumar Kait granted bail to Kalita on Tuesday.

The court observed that Kalita has satisfied the triple tests for the grant of the bail and also the evidence provided by the Delhi Police which is a pendrive in a sealed cover of the CCTV footage where Kalita is seen in a peaceful agitation and the evidence lacks the contentions of Delhi Police which states that Kalita was seen causing riots and giving speeches that instigated women of particular community or grave hatred speech which resulted in the loss of a young man’s life.

And Hence on these grounds the Court granted Bail to Devangana Kalita [pdf here].

Tablighi Jamaat Case Update

A three Judge Bench of Justice A.M. Khanwilkar, Justice Dinesh Maheshwari and Justice Sanjiv Khanna of SC has directed Patna HC to Consolidate all the FIRs filed in relation to the Tablighi Jammat and transfer all the cases to one such court of Bihar which would deal with the matters expeditiously.

SC has directed that Patna HC should within 1 week to transfer all the cases after consolidating the FIRs with respect to the foreign nationals’ case to a court of Bihar which would hear the matters within 8 weeks’ time and the matter is to be held on daily basis.

Loan Moratorium period can be extended- Centre to SC

On Tuesday, a three judge bench of Justice Ashok Bhushan, Justice Subhash Reddy and Justice M.R.Shah of Supreme Court on request of the Solicitor General of India Tushar Mehta adjourned the hearing of the matter in relation to the extension of the moratorium period of loan till tomorrow.

SG Tushar Mehta appearing on behalf of centre mentioned that the moratorium period of loan can be extended till the period of 2 years. To this the court mentioned that it had earlier asked the centre to submit an affidavit in relation to this matter and the court was assured that the affidavit is filed but the centre would like to have a detail conversation with the RBI and the Bankers Association as this issue is related to the whole economy and requested the court to adjourn the matter till tomorrow.

The court has therefore after the request of SG agreed to adjourn the matter till tomorrow in relation to the extension of the moratorium period of law amid this Covid-19 scenario.

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