LEGAL UPDATE OF THE MONTH : (JUNE)
By: Mr. Shahezad Shaikh
If you are a law student or a lawyer, the most important thing for you is to stay updated with legal updates. Another important aspect is that you are preparing for any entrance exam like CLAT PG and also preparing for the judiciary then you also stay updated with legal aspects.
So as usual, The Law IQ comes up with a monthly Legal update for the month of June. In the present article, you will find all the important legal aspects of the month of June.
This article covers
Recent Important Judgements,
Apex Court of India Limits Judicial Review in Departmental Enquiry Proceedings in the case of The Indian Oil Corporation & Ors. v. Ajit Kumar Singh 2023, SC
Background: In this case, An appeal was filed against the Hon’ble High Court’s decision. the High Court invalidated the disciplinary proceedings against the employee in the internal proceedings and also during the intra-court appeal the Hon’ble High Court reviewed the evidence again and invalidated the employee’s punishment.
This judgment was challenged in the Hon’ble Supreme Court.
Verdict – The Hon’ble Apex Court held that during the judicial review, and state that:
A Constitutional Court
could not reevaluate the evidence
in disciplinary proceedings.
Apex Court further stated that Constitutional Court can only evaluate the decision-making process, not the decision’s merit.
Sedition Law: AMENDMENT OF REPEAL
The Law Commission of India (22nd LCI) stated in its 279th report, It has suggested complete repeal of the Sedition Act (Section 124A of the Indian Penal Code) and instead proposed certain amendments to the provision. The 22nd Commission also recommended that section 124A should be retained in the Indian Penal Code,1860 but with more clarification on its application and usage and the commission also proposed increasing the punishment for the offence of sedition.
Coal India Ltd was held Liable under Competition Act, 2002 in the case of Coal India Ltd v. Competition Commission of India, 2023, SC
Background: In this case, the Competition Commission of India imposes a penalty on Coal India Ltd for imposing discriminatory and unfair conditions in Fuel Supply Agreements with power producers. Coal India Ltd filed an application challenging the order contending that it functions under the Coal Mines Nationalization Act and Coal India Ltd exempted under the Competition Act, 2002.
Verdict: The Apex Court of India Held that Coal India Ltd is a Public Sector undertaking and it is subjected to the Competition Act, 2002. The Court also stated the Act included “government departments” in the definition of an enterprise. Coal India’s functions do not fall under sovering function so Coal India cannot be exempted from the Competition Act, 2002.
Uniform Civil Code: Comes into force ?
The Law Commission of India (22nd LCI) has asked for public and religious organizations’ opinions on the Uniform Civil Code (UCC).
The 21st Law Commission of India concluded that the Uniform Civil Code was neither necessary nor desirable. And also emphasized on reforming family laws in various religions to ensure gender justice and equal rights. The report which was given by the 21st Law Commission of India also addressed issues like; inheritance law, division of property on divorce, Women’s economic rights, and rights of persons with disabilities in marriage. However, the government has not acted on these recommendations in the last five years.
Kerala HC state that Nudity should not be considered obscene by default
Background – A Criminal Petition was filed by the mother of the victim’s girlchild against whom a criminal case was filed for posting a video of her children painting on her semi-nude body.
The case was filed under The Protection of Children from Sexual Offences Act 2012, Information Technology Act 2000 and Juvenile Justice (Care and Protection of Children) Act, 2015.
The Hon’ble Kerala High Court
dismissed this criminal case which was filed by the mother
and also held that
a woman’s naked body should not always be seen as obscene or sexual
Bombay High Court state that Muslim Woman Can seek maintenance even after her Divorce
Background: Ex-Husband filed a plea challenging the increase in maintenance to his ex-wife under a domestic violence case. Ex-Husband stated that there was no relationship at the time of the complaint and that the Muslim Women Act should apply to this and the Ex-Husband denying maintenance to the complainant. The further fact of the case is that Ex-wife alleged mistreatment by her in-laws and husband so she filed a complaint under section 12 of the Domestic Violence Act, 2005 against her ex-husband and in-laws after this she also files an application for maintenance.
The Hon’ble Bombay High Court dismissed
Challenging the increase in maintenance to his ex-wife.
→ Further, the Hon’ble Bombay High Court held that even if the husband gave talaq then wife still claims maintenance under the Protection of Women from Domestic Violence Act, 2005
Hon’ble Delhi High Court state that Haj Pilgrimage falls within the ambit of Religious Practice in the case of Al Tawaf Hajj and Umrah Travel and Tourism v. UOI & ors, Del HC, 2023
Background: Central Government on 25th may 2023 published the “Consolidated List of Haj Quota Allocation for Haj-2023” so In this case, The plaintiff is a private Haj group organization challenged in the Hon’ble Delhi High Court the suspension of their registration certificate and quota published by the central government on 25th May 2023.
The Hon’ble Delhi High Court ordered
a stay on
list of allocation of Haj Quota for HAJ-2023,
It said that the registration certificate and quota will be put on hold until the grievance is resolved.
→The Hon’ble Delhi High Court has held that the Haj pilgrimage is protected under Article 25 of the Indian Constitution as a religious practice.