Prolawctor Daily Legal News Update | 7 September 2020

Daily Legal News Update

Prolawctor Daily Legal News Update | 7 September 2020
His Holiness Kesavananda Bharati Sripadagalvaru is no more

Kesavananda Bharti, the seer who initiated the case before the Supreme Court which led to “Basic Structure” doctrine, is no more.

Gauhati HC Clears Telecast of Assamese Serial Banned Over ‘Love Jihad’ Bogey

The Assamese television serial on syncretic culture that had been banned after right-wing groups cried ‘love jihad’ can now be screened again, thanks to an order by the Gauhati high court.

The Guwahati Commissioner of Police had prohibited Begum Jaan from being telecast for 60 days, after right-wing group amped pressure, saying that the serial was “affecting the secular ethos of Constitution of India”.

NLSIU, and its Vice Chancellor, have completely disassociate from CLAT 2020.

Hours after a statement intimating the removal of National Law School of India University (NLSIU) Vice-Chancellor Prof Sudhir Krishnaswamy from the post of Secretary-Treasurer of the NLU Consortium was released, NLSIU has responded by saying that it is dissociating itself completely from the conduct of the Common Law Admission Test (CLAT) 2020.

Disputing the Consortium’s stance on this aspect, NLSIU has asserted that it has not violated any Consortium bylaws in deciding to hold a separate law entrance exam this year.

NLSIU VC divested of Secretary-Treasurer post, no other member University plans to conduct independent test: NLU Consortium

In the wake of the fallout arising out of National Law School of India University’s (NLSIU) decision to hold its own entrance test this year, the Consortium of National Law Universities has resolved to divest NLSIU Vice-Chancellor Prof Sudhir Krishnaswamy of the post of Secretary-Treasurer of the Consortium.

It has also been resolved that the Secretariat of the NLU Consortium will be shifted from NLSIU Bangalore to National Academy of Legal Studies and Research, (NALSAR). Vice-Chancellor of NALSAR, Prof Faizan Mustafa will discharge the administrative and secretarial functions of the Consortium in the interim. NLU Odisha Vice-Chancellor Prof SKD Rao shall discharge the financial functions of the Treasurer of the CLAT Consortium.

Prof Mustafa will immediately take over the control of the NLU Consortium website.

The decisions were taken at a meeting held yesterday “not only to clarify the position to thousands of CLAT 2020 aspirants, but also to ensure smooth functioning of the Consortium”.

The Civil Aviation Ministry has stated in the Supreme Court that “Passengers entitled to full refund for tickets booked for air travel during Lockdown 1 and 2”.

The Directorate General of Civil Aviation (DGCA) has informed the Supreme Court that tickets booked by passengers in domestic and international carriers for air travel between 25, March to 3, May which means during the first two phases of the COVID-19 lockdown will be fully refunded.

This was informed after a June 13 order from the top court that had asked private airlines along with the Ministry of Civil Aviation to find a way out to refund the airfare of passengers whose flights were cancelled during the lockdown.

The Centre has stated that non-refund of air tickets booked during the lockdown and the creation of an involuntary credit shell by airlines violates the Civil Aviation Requirements and provisions of the Aircraft Rules of 1937.

The Extradition trial of Nirav Modi to resume in UK Court on September 7

Fugitive diamond merchant Nirav Modi, who has been lodged at a prison in London since his arrest in March last year, is set to appear via videolink for the second leg of his extradition trial at a UK court on Monday.

The 49-year-old jeweller is fighting extradition charges related to the estimated USD 2-billion Punjab National Bank (PNB) fraud and money laundering case brought by the Indian government, being represented at Westminster Magistrates’ Court in London by the UK’s Crown Prosecution Service (CPS).

In line with the coronavirus lockdown restrictions, district judge Samuel Goozee has directed Modi’s appearance from a room in Wandsworth Prison in south-west London with social distancing norms in place for the part-remote setting for the five-day hearing scheduled to conclude on Friday.

In Gujarat Riots case, the Court has ordered to remove the PM Modi’s name from the civil suit seeking damages.

A civil court in Sabarkantha district of north Gujarat has ordered the removal of Narendra Modi’s name from a civil suit that demanded damages for the murder of three British nationals during the 2002 post-Godhra riots.

Prime Minister Modi was chief minister of Gujarat at the time and the suit pleaded that he was “constitutionally, statutorily and personally liable for being in complete command of the state machinery” on whose watch the Gujarat riots of 2002 raged for days.

  • BJD MP and Odia Actor Anubhav Mohanty’s wife moves to Court with Domestic Violence Complaint.

An MP of Odisha’s ruling Biju Janata Dal, Anubhav Mohanty, has been accused of domestic violence and torture by his wife, Odia film actor Varsha Priyadarshini.

Priyadarshini has approached the Sub Divisional Judicial Magistrate (SDJM) court at Cuttack in a criminal miscellaneous case against Mohanty under Section 12 of Protection of Women from Domestic Violence Act. The move to avoid complaining to the police was ostensibly considering her actor-turned-politician husband’s proximity with the police.

Priyadarshini’s allegations against the MP from Kendrapada came barely a few months after Chief Minister Naveen Patnaik had asked Director General of Police (DGP) Abhay to ensure that no woman in the state suffers from domestic violence during the lockdown period when people are indoors due to the pandemic.

  • “Dream11 Team” website has been suspended by Delhi HC, Protects “Dream11” trademark.

In the case of Sporta Technologies vs Dream11 Team, following a trademark infringement suit by Sporta Technologies, the Delhi High Court has directed GoDaddy to suspend/block a website being run in the name of “Dream11 Team”.

The Court has also restrained the owners of Dream11 Team from using the “Dream 11” trademark, domain name or a mark which is deceptively similar.

A direction has also been passed to ‘Dream11 Team’ to take down the infringing material from its social media pages. Dream 11 is a fantasy sports platform and the title sponsor of the Indian Premier League (IPL), 2020.

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