Prolawctor Daily Legal News Update| 3 September 2020

Daily Legal News Update

Supreme Court hears Loan Moratorium & Interest Waiver extension matter today.

A three judge bench of Justice Ashok Bhushan, Justice Subhash Reddy and Justice M.R.Shah is hearing matter in relation to the extension of loan moratorium period and also against waiver of interest on interest. Various Submissions were made by the petitioners; Senior Advocate Rajiv Dutta on behalf of petitioners today submitted to the Apex Court that it is the people of the country who are getting affected by this decision of the banks.

Advocate Dutta has argued on behalf of the petitioners that during this current scenario of Covid-19 where the economic problems are surrounded over the whole country, the banks in the shadows of RBI cannot enjoy the crisis period and just look for their own profits. Dutta further submits that charging of interest on interest is prima facie void as per the current situation.

Dutta pointed out further that sec 13 of the Disaster Management Act is currently being applied by the RBI but charging interest on interest is not acceptable especially during the moratorium period of Loan, that is been granted by the Court and RBI. Dutta further continued that there should be extension of the loan moratorium period and also the interest should be waived off that is being charged on the interest.

Solicitor General of India Tushar Mehta started to make his submissions on behalf of Centre and RBI and will continue his submissions tomorrow as the matter was adjourned today and will be heard tomorrow.

Injunction order refused by Delhi HC in Gunjan Saxena-The Kargil Girl Movie Case.

A Single judge bench led by Justice Rajiv Shakdher of Delhi HC has refused to grant injunction in the plea filed by the centre and IAF (Indian Air Force). This plea was moved before the court against Dharma Productions and Netflix in relation to the streaming of the movie Gunjan Saxena-The Kargil Girl.

The streaming of the movie is on Netflix and is in the controversy today, the petitioners contentions being that the movie shows IAF as practicing gender bias which was absolutely opposed by IAF and centre and they have moved Delhi HC in order to obtain an interim injunction in the case, to discontinue its streaming and bring down the movie from online portal as it shows IAF in a bad light.

Advocate Harish Salve on behalf of Dharma Productions has submitted that the movie was inspired by the life of Lieutenant Gunjan Saxena and does not intend to show the gender bias on part of IAF. Advocate Kishan Kaul on behalf of Netflix has also metioned before the court that the movie was shown to IAF and also the script was provided to them.

Hearing all the submissions the court has answered the plea of the petitioners and stated that it will not allow to stop the streaming of the movie on this ground as the movie is already out and watched by half of the population. The court also issued that if this was the concern of the petitioners then they should have approached the court before the streaming of movie. The matter was adjourned for the day as the court refused to grant injunction order in the matter.

Apex Court refuses to hear SLP filed by Netflix.

On Wednesday, a four judge bench of Chief Justice S.A.Bobde, Justice Arun Mishra, Justice A.S. Bopanna and Justice V. Ramasubramanian of the Supreme Court refused to hear SLP filed by the OTT platform Netflix in relation to the order passed by the Lower court of Bihar regarding the stay imposed on the release of its online web series ‘Bad Boy Billionaires’.

The bench asked the petitioner that how did they directly approach the apex court in this matter. The court also pointed out this is not the appropriate forum for the matter and that the petitioner should approach the appropriate forum, the court also contended that the petitioner has deliberately moved the SC. The petitioner filed a plea before the SC wherein he has challenged the order of a lower court of Bihar wherein the court stayed the release of the web series on account of a petition filed by Subrata Roy.

He claimed that the web series was using his name in a bad faith and another petition is filed where he seeks the transfer of cases relating the web series to be transferred to a single court and the matter be dealt expeditiously, to this the court issued that first it was not the appropriate authority and second it would consider the transfer application but not the condition of dealing with it expeditiously; Netflix further withdraw its SLP in relation to the challenge against the order of the lower court. The matter was dismissed and shown as withdrawn.

Justice Arun Mishra Farewell

Supreme Court Judge Arun Mishra bids his farewell to the Indian Judiciary today. Justice Mishra retires from his post of a supreme court Judge on Wednesday; a farewell ceremony was scheduled today wherein all the members of SCBA took part along with CJI S.A.Bobde.

President of Supreme Court Bar Association (SCBA) Dushyant Dave approached CJI and wrote a letter addressing to CJI Bobde that he was not invited to speak on the occasion of farewell of Justice Mishra and has expressed his disappointment by stating that he would not attend any function as the president of SCBA which would be hosted by the Supreme Court.

In the letter he has expressed the hardships faced by him during the function and mentioned that ‘SC has come to such levels were the Judges are afraid of the Bar’. By stating that he would not attend any function of Supreme Court as the President of SCBA till his tenure expires he concluded his letter.

HP HC expresses concern over 2 bail applications filed by the same petitioner resulting from same FIR.

The Single judge bench led by Justice Jyotsna Rewal Dua of the Himachal Pradesh HC on Monday expressed concern over the 2 bail applications filed by the same petitioner resulting from same FIR. The court ordered that this is a sign of grave misconduct on part of the petitioner wherein he has filed 2^nd bail application simultaneously while the first application stays pending before the same judge of the same court. The court has directed the authority to look into the matter and issue various steps which could prevent this mishap.

The court gives direction-that the investigating agency should maintain records which states that the status reports of the case show that accused has filed a bail application, the status report should also contain the criminal history of the accused; the details (name, address, aadhar card number, relation with accused, telephone numbers, purpose of attorney) of the person having power of attorney on behalf of accused.

All these things should be kept in records with the Jail Superintendents and lastly the court directed the Registrar General to develop a software which could show the details of the accused, his criminal history and the no. of times he has applied for bail. Hence raising the concern in the present matter the court allowed withdrawing the 2^nd bail application filed on behalf of the accused Sunil Kumar.

Supreme Court Bench disappointed by Maharashtra and Delhi governments in Migrant Workers Case.

Supreme Court three judge bench of Justice Ashok Bhushan, Justice Subhash Reddy and Justice M.R.Shah on Tuesday asked the Governments of Maharashtra and Delhi the reasons for delay in filing the affidavits asked by the Hon’ble Court in relation with the operation of 3 Acts in favour of the Migrant Workers during the crisis period of Covid-19.

During the previous hearing where the case was filed by the National Human Rights Commission the Supreme court had instructed the state governments to file an affidavit in relation to the operation of Inter-State Migrant Workmen Act, 1979; Construction Workers Act, 1996 and Unorganised Workers’ Social Security Act, 2008 in order to distribute the funds which are allocated to the migrant workers.

READ MORE: Impact of COVID on Migrant Workers

But resulting to the order the Maharashtra and Delhi Government have failed to submit the affidavits and expressing the disappointment the bench stated that the states are not interested in the welfare of the their migrant workers as these two states have the highest no. of migrant workers.  To this the court has further given governments a period of two weeks’ time to file the affidavits in relation to its previous order.

IHBAS fill vacancies as soon as possible – Delhi HC

A Division bench of Chief Justice D.N. Patel and Justice Prateek Jalan of the Delhi HC have directed the Institute of Human Behaviour and Allied Sciences (IHBAS) to fill the vacancies as soon as possible. The concern behind this is the rise in no. of cases of mental health problems which is dominant during this isolation and unemployment period of Covid-19 where there is need of psychiatrists along with psychologists.

This matter is a result of a PIL filed by a social activist in this concern where the court is requested to look in to the matter and direct the filing of vacancies expeditiously also to issues regarding non-promotions and inconvenience faced by the current medical Staff. The court after hearing the issues of the petitioners directs IHBAS to fill the vacancies as quickly as possible.

118 Chinese Apps Banned by Indian Government

Indian Government today bans 117 apps along with PUBG mobile app as these apps are regarded as a threat to the national security and sovereignty. The Cyber Crime Coordination Centre and the Ministry of home affairs have given assent to block these apps as the pose a threat to the Indian security due to the activities which are performed by these apps. In earlier this year Government had also banned 59 Chinese Apps due to the security reasons of the activities happening in Ladakh.

To read the press release, click here.

Following are the list of apps banned by the Government due to security reasons: 

1. APUS Launcher Pro- Theme, Live Wallpapers, Smart
2. APUS Launcher -Theme, Call Show, Wallpaper, HideApps
3. APUS Security -Antivirus, Phone security, Cleaner
4. APUS Turbo Cleaner 2020- Junk Cleaner, Anti-Virus
5. APUS Flashlight-Free & Bright
6. Cut Cut – Cut Out & Photo Background Editor
7. Baidu
8. Baidu Express Edition
9. FaceU – Inspire your Beauty
10. ShareSave by Xiaomi: Latest gadgets, amazing deals
11. CamCard – Business Card Reader
12. CamCard Business
13. CamCard for Salesforce
14. CamOCR
15. InNote
16. VooV Meeting – Tencent Video Conferencing
17. Super Clean – Master of Cleaner, Phone Booster
18. WeChat reading
19. Government WeChat
20. Small Q brush
21. Tencent Weiyun
22. Pitu
23. WeChat Work
24. Cyber Hunter
25. Cyber Hunter Lite
26. Knives Out-No rules, just fight!
27. Super Mecha Champions
28. LifeAfter
29. Dawn of Isles
30. Ludo World-Ludo Superstar
31. Chess Rush
32. PUBG MOBILE Nordic Map: Livik
33. PUBG MOBILE LITE
34. Rise of Kingdoms: Lost Crusade
35. Art of Conquest: Dark Horizon
36. Dank Tanks
37. Warpath
38. Game of Sultans
39. Gallery Vault – Hide Pictures And Videos
40. Smart AppLock (App Protect)
41. Message Lock (SMS Lock)-Gallery Vault Developer Team
42. Hide App-Hide Application Icon
43. AppLock
44. AppLock Lite
45. Dual Space – Multiple Accounts & App Cloner
46. ZAKZAK Pro – Live chat & video chat online
47. ZAKZAK LIVE: live-streaming & video chat app
48. Music – Mp3 Player
49. Music Player – Audio Player & 10 Bands Equalizer
50. HD Camera Selfie Beauty Camera
51. Cleaner – Phone Booster
52. Web Browser & Fast Explorer
53. Video Player All Format for Android
54. Photo Gallery HD & Editor
55. Photo Gallery & Album
56. Music Player – Bass Booster – Free Download
57. HD Camera – Beauty Cam with Filters & Panorama
58. HD Camera Pro & Selfie Camera
59. Music Player – MP3 Player & 10 Bands Equalizer
60. Gallery HD
61. Web Browser – Fast, Privacy & Light Web Explorer
62. Web Browser – Secure Explorer
63. Music player – Audio Player
64. Video Player – All Format HD Video Player
65. Lamour Love All Over The World
66. Amour- video chat & call all over the world.
67. MV Master – Make Your Status Video & Community
68. MV Master – Best Video Maker & Photo Video Editor
69. APUS Message Center-Intelligent management
70. LivU Meet new people & Video chat with strangers
71. Carrom Friends : Carrom Board & Pool Game-
72. Ludo All Star- Play Online Ludo Game & Board Games
73. Bike Racing : Moto Traffic Rider Bike Racing Games
74. Rangers Of Oblivion : Online Action MMO RPG Game
75. Z Camera – Photo Editor, Beauty Selfie, Collage
76. GO SMS Pro – Messenger, Free Themes, Emoji
77. U-Dictionary: Oxford Dictionary Free Now Translate
78. Ulike – Define your selfie in trendy style
79. Tantan – Date For Real
80. MICO Chat: New Friends Banaen aur Live Chat karen
81. Kitty Live – Live Streaming & Video Live Chat
82. Malay Social Dating App to Date & Meet Singles
83. Alipay
84. AlipayHK
85. Mobile Taobao
86. Youku
87. Road of Kings- Endless Glory
88. Sina News
89. Netease News
90. Penguin FM
91. Murderous Pursuits
92. Tencent Watchlist (Tencent Technology
93. Learn Chinese AI-Super Chinese
94. HUYA LIVE – Game Live Stream
95. Little Q Album
96. Fighting Landlords – Free and happy Fighting Landlords
97. Hi Meitu
98. Mobile Legends: Pocket
99. VPN for TikTok
100. VPN for TikTok
101. Penguin E-sports Live assistant
102. Buy Cars-offer everything you need, special offers and low prices
103. iPick
104. Beauty Camera Plus – Sweet Camera & Face Selfie
105. Parallel Space Lite – Dual App
106. “Chief Almighty: First Thunder BC
107. MARVEL Super War NetEase Games
108. AFK Arena
109. Creative Destruction NetEase Games
110. Crusaders of Light NetEase Games
111. Mafia City Yotta Games
112. Onmyoji NetEase Games
113. Ride Out Heroes NetEase Games
114. Yimeng Jianghu-Chu Liuxiang has been fully upgraded
115. Legend: Rising Empire NetEase Games
116. Arena of Valor: 5v5 Arena Games
117. Soul Hunters
118. Rules of Survival