Prolawctor Daily News Update
Sec- 302 cannot be ruled if death by a single blow
SC three bench judges observed that when death by a single wound can be run under sec. 302. There is no firm rule that it will not. The court further observed the nature of the wound, its location on the body, the type of weapon, etc. are the factors that indicate whether the accused committed the murder with intent or not. It cannot be established as a general rule that section 302 will not be enforced whenever death occurs due to sharp weapon blows.
Plea filed in demolition of slums along railway lines in Delhi
Congress senior leader Ajay Maken has moved to the SC seeking rehabilitation of the slum dwellers before demolition of their homes. . It also sought direction to the Ministry of Railways, Delhi government and DUSIB to follow the Delhi Slum and JJ Rehabilitation and Relocation Policy, 2015 and the Protocol (for removal of jhuggis) in letter and spirit.
New Judges Appointment and transfer
The news additional judge of Punjab and Haryana High court is Rajesh Bhardwaj. The Central Government has notified the appointment of Rajesh Bhardwaj as an Additional judge of Punjab and Haryana High court for a period of 2 years and effect from the day he takes charge of his office.
Advocate Aruna Shyam has been appointed as the additional Advocate General for the state government of Karnataka at the Bengaluru bench of the Karnataka High court. He took charge as the AAG from advocate General Pradbhuling Navadgj. At present, he serves as a conciliator and member of the Lok Adaalat Bench consisting of a sitting Karnataka High Court judge.
The centre has approved the appointment of additional judges as permanent judges to the high courts of Bombay ,Kerala and Jharkhand.
The four additional judges made permanent judges of the Bombay High court are-
- Justice Shriram Madhusudan Modak
- Justice Jamadar Nijamoddin Jahiroddin
- Justice Vinay Gajanan Joshi
- Justice Avachat Rajendra Govind
The four additional judges made permanent judges at Kerala High court are-
- Justice VG Arun
- Justice N Nagaresh
- Justice TV Anil Kumar
- Justice N Anil Kumar
Two additional judges have been made permanent at Jharkhand High court-
- Justice Sanjay Kumar Dwivedi
- Justice Deepak Rawat
Kerala High court issued guidelines to preserve anonymity of child abuse survivors in POCSO case-
Documents in such cases should be sealed in tamper -proof self- sealing covers and then produced in courts. Documents which are from the educational institutions or place of work of the survivors can be used for identification. Copies of documents in sealed covers should not be handed to opposite parties.
For Limited Physical Hearings, SC imparts User Guide
New Delhi: The SC has imparted a user guide for limited physical court hearings in the aftermath of the corona virus pandemic. E-nomination of Counsel, e-nomination of clerk, e- application for special hearing pass and e-submission for health declaration is provided under this 17 pages user guide.
In accordance with the guide, registered clerks will be allowed to assist Advocates on Record or counsel for dispensing physical material but will not be permitted to enter the court rooms.
As one pass is officially needed for every item number in the Court, multiple passes will be created for one day, if appearance is to be marked in more than one case.
To eliminate the possibility of self-infection, a self-declaration form concerning fitness & good health have to be signed before physically entering the SC premises. Self-declaration is to be signed in by entering OTP number sent on the registered mobile number only on the day of appearance.
Complaint against poll candidates, publishing details in low publications & uncertain news channels, to CEC:
New Delhi: Adv. Ashwini Upadhyay wrote a letter to the Chief Election Commissioner complaining about several poll candidates publishing their information, such as age, qualifications, criminal cases, joined value of fixed & movable assets of the candidate and his family members/blood relatives in low newspapers and on uncertain news channels. He said that they should publish such details in well-known news channels, newspaper and on their party’s website.
In accordance to the SC judgment of 25th September, 2018 where the court has ordered ECI to take appropriate actions in safeguarding the fundamental right of voters, Upadhyay appealed the Election Commission of India (ECI) to issue such directions.
A Virtual Launch of Justice Bhanumathi’s Book
New Delhi: The former judge of the S Justice R. Banumathi whose book named ‘Judiciary, Judges and the Administration of Justice’, has been launched virtually by CJI Sharad A. Bobde.
The virtual book launch had a presidential address delivered by CJI Sharad Bobde, following addressees such as SC Justices Dr. D. Y. Chandrachud, Ms. Indu Malhotra, Mr. N. V. Ramana with Delhi High Court Chief Justice Mr. D. N. Patel. The first copy of the book was given to the SC Justice.
Justice Malhotra addressed by saying that, “Justice Banumathi’s book reflects the vast experience she has gained as a member of the judiciary and will provide tremendous insight not only to us but to everyone who wishes to dispense justice.”
Justice Chandrachud said, “Justice Banumathi has vast experience, starting from her days as a judge in the District Judiciary, and a Judge who has worked at the District level knows the nitty gritties of the system.”
In continuance he said that her work was not a post-retirement project. The work on the book had begun much earlier. To write a book being a judge while performing the work through hundreds of SLPs is astonishing. Also a judge remains a judge even after leaving the office at the age of retirement, while referring to an excerpt from her book which says that a Judge remains a Judge for 365 days and 24/7 during their tenure.
Prashant Bhushan moves SC seeking the “Right to intra- court appeal” to be heard by a larger and different bench
Prashant Bhushan had convicted and awarded 1Rs for contempt case for- 2 tweets against judiciary.
On Saturday, Lawyer-Activist Prashant Bhushan moved to SC seeking the right to appeal against the conviction in contempt case.
Martin Vizcarra impeachment proceedings
Peru’s lawmakers approved motion to commence the impeachment proceedings against president, Martin Vizcarra. Vizcarra to face the proceedings for moral incapacity after the audio tapes were leaked which ties to a singer involved in a fraud.
After UAE, Bahrain normalizes relations with Israel
Trump declared peace between Bahrain and Israel.
Bahrain becomes the second Arab country to consider the state of Israel after United Arab Emirates.
In reiteration to the restrictions imposed on the Chinese diplomats in the US last year, China has further announced the imposition of new restrictions on US diplomats in China and Hong Kong
- Although the new restrictions which are to be imposed on the activities of the US diplomats in the mainland China and Hong Kong are not yet known, China has reciprocated its response.
- The action comes in furtherance of the US imposing ban on Chinese app TikTok, and US revoking visas of more than 1,000 Chinese nationals this week and other factors too.
- Owing to China-US increasing tensions over trade, technology and several other issues, the two countries are not leaving any opportunity to underestimate each other’s powers.
- There are no details of the new restrictions to be imposed on US diplomats yet by the Chinese government and Chinese officials but the US diplomats working in mainland China and Hong Kong already face restrictions on their activities, and this decision is surely going to add more limitations over them.
After the formal announcement of US to decrease the presence of the US military troops in Iraq; Afghanistan is all set to begin with the Intra-Afghan Peace Talks on September 12th, 2020
The Intra-Afghan Peace Talks are scheduled to be held in the Middle Eastern State of Qatar on 12th September, 2020.
The US Secretary of State Mike Pompeo mentioned “It’s taken us longer than I wish that it had to get from February 29 to here but we expect Saturday morning, for the first time in almost two decades, to have the Afghans sitting at the table together prepared to have what will be contentious discussions about how to move their country forward to reduce violence and deliver what the Afghan people are demanding-a reconciled Afghanistan with a government that reflects a country that isn’t at war.”
The Peace Talks can be seen as a platform for effective intra-Afghanistan negotiations aimed at solving the problem of violence and extremism currently prevalent within Afghanistan.
In furtherance of increasing its international ties and to counter China’s growing influence in the Indo-Pacific region, US signed a defense cooperation with the Maldives
Amidst tense scuffle and fragile relations between China and the US, the US has signed a framework for defense cooperation with the Maldives.
The deal aims at maintaining peace and securing and further ensuring regional stability in the Indo-Pacific region.
China is adopting its expansionist policy and is therefore trying to deepen its footholds over the Indian Pacific Ocean region and thus increasing its influence over the region.
In order to counter this, the framework for defense and security cooperation was signed in Philadelphia on September 10th, 2020 between Deputy Assistant Secretary of Defense for South and Southeast Asia Reed Werner and Maldivian Minister of Defense Mariya Didi.
Navy Veteran attacked by Shiv Sena
Retired navy officer, Madan Sharma, was thrashed by the followers of Shiv Sena; for sharing a cartoon of Chief Minister of Mahrashtra, Udhav Thackrey.
Sanjay Raut issued a statement that the cartoon was ‘derogatory’ in nature and also mentioned that although the attacker’s reaction was spontaneous they would be punished for ‘talking law in their hands’.
The officer gave a public statement regarding the incapacity of Udhav Thackrey saying that he should quit his post, this angered the Shivsainiks and they assaulted the officer.
Brigade Commanders Metting in Ladakh
The Ladakh Border crisis is taking a sensitive turn day by day, as a result there was a brigade Commanders Meeting held in Ladakh today afternoon.
The issue regarding Line of Actual Control (LAC) followed a meeting of Brigades Commanders of India and China, the meeting was inconclusive and in turn there would be a sixth round Commander metting.
The meeting was held at Chushul district in Ladakh between 11am-3pm.
Manual scavenging bill to become more strict
The Prohibition of Employment as Manual Scavengers and their Rehabilitation (Amendment) Act 2020 is scheduled to be proposed before the Monsoon session of Parliament, wherein the government is planning to frame strict laws in relation to Manual Scavenging.
The new bill lays down rules in relation to the better protection of the workers engaging in hazardous cleaning of sewers and septic tanks.
Non application of rules will land the person responsible for five years period imprisonment along with Rs. 5 Lakhs fine.
New Education system under NEP commences from 2022
The New Education System will commence from 2022 statement issued by the Prime Minister, Narendra Modi.
New curriculum under the National Education Policy will be out in the year 2022, which will help the skill building of the students from early age as per the 21st century.
The new Scheme consist of 5+3+3+4 instead of 10+2 older scheme.
SEBI tweaked the portfolio allocation rules
SEBI multicap fund rules ‘expect healthy returns in mid-and small-cap funds’ which will lead to more inflows in the mid and small cup funds .
The multi cap mutual funds category manages assets worth Rs 1.46 lakh crore as on august 31 and have to atleast invest 75% in equities.
Petrol, Diesel price in the National Capital fell
Petrol price in Delhi fell to Rs 81.86 a litre from Rs 81.99 per litre this is the second reduction in rates in 3 days. Diesel price dips below Rs 73 a litre mark.
Summons granted to MD Facebook India
Delhi committee has sent out summons to Ajit Mohan, Vice-president and MD of Facebook India.
As the committee through its chairman Raghav Chadha has prima facie found Facebook complicit in Delhi Riots of February 2020.
Hospitals turn to Robots amid Covid-19
Leading hospitals in India including Tata Memorial, Apollo Hospitals, Rajiv Gandhi Cancer Institute and Manipal hospitals are turning to robots to clear the backlog of elective surgeries to reduce the risk of exposure to patients and doctors.
As though RAS (robotic assisted surgeries) has been around for many years, the usage has been sporadic.
Gold ETFs witnessed an inflow for fifth month in a row
- Net ₹908 crore pumped in gold-linked funds in Aug., lower than July – ₹921 crore
- ETF category reached ₹5,356 crore in Jan.-August period
- AUM rose by over 4% to ₹13,503 crore from ₹12,941 crore
Jane Fraser to be first woman CEO to lead Wall Street Bank
- Citigroup’s Jane Fraser promoted as the first woman CEO
- Promotion celebrated as a right step for industry having diverse executives in its top ranks
- Ms. Fraser’s role as a point of pride for Citigroup
- Ms. Fraser to take reins from CEO Michael Corbat in February
Tata’s moving apex court as share pledge block vindictive
- Moving apex court to block plan to pledge share for raising funds reeked of vindictiveness
- Moved SC to restrain Mistry Group for raising capital against their sons shares
- SP’s group shareholding valued at more than ₹1 lakh crore.
10% decline in July factory output
- Contraction of 10.4% due to degrowth in manufacturing & capital goods
- Sequential improvement from 15.8% contraction in June
- Resumption in industrial activity with lifting or lockdown restrictions.
- Recovery process will take time as growth process has turned flat in July
Australia wins England over 19 runs | ODI series
- In the ODI series held Friday, Australia had a massive victory over England.
- The players, Maxwell, Marsh and Zampel stands behind this win. They boosted the team and made Australia win over the great England team.
- The highest run chase in the ODI series would be given by the Billings, where Zampa took the fourth wicket with Woaks.
Adelaide Oval set to be a Bio Bubble for test series | Australia Vs India
The hotel Adelaide Oval is said to be a new home for the Australian Players who are not involved in the IPL, coaching and supporting.
It serves as an onsite place where the players are kept in the mandatory quarantine.
The Australian players who return from the UK tour are said to be stayed in the Adelaide Oval.