LGK Fact Bytes updated till 15th Decembers3-ap-southeast-1.amazonaws.com/.../12/18104741/LGK-Fact-Bytes-u… · LGK Fact Bytes 1 As aspirants of law schools, students are required

LGK Fact Bytes

1

As aspirants of law schools, students are required to know more than what is standard, about the changes that

occur in the legal field. In most of the major Law entrance exams, Legal General Knowledge can take upto 10-

20 questions. In CLAT 2009 and CLAT 2010, the Legal Aptitude sections consisted of only Legal General

Knowledge. For static LGK, the students are asked to refer to Pearson Manual, for current LGK, LGK fact

bytes are a good start. This, by no means replaces the importance of reading newspapers and keeping current

with what is happening around the country.

Acts/Bills/

Notifications Key Facts Status

The Finance Act,

2017

The Finance Bill, 2017 was introduced in Lok Sabha on February 1,

2017. Amendments to the Finance Bill have been circulated.

Key Changes include making Aadhar compulsory for anyone filing

returns, replacing various tribunals, removing the cap of 7.5% of net

profit that any corporate may contribute to political parties,

additionally corporates no longer need to mention the party to which

such contribution is made and that the contribution made, must be in

electronic form.

Passed in the

Parliament

The Integrated

Goods and

Services Tax

(Extension to

Jammu and

Kashmir) Bill, 2017

The Integrated Goods and Services Tax (Extension to Jammu and

Kashmir) Bill, 2017 was introduced in Lok Sabha by Minister of

Finance, Mr. Arun Jaitley, on July 31, 2017. It amends the Integrated

Goods and Services Tax Act, 2017. The Act provides for the levy of

the Integrated Goods and Services Tax on inter-state supplies of

goods and services. The Bill replaces the Integrated Goods and

Services Tax (Extension to Jammu and Kashmir) Ordinance, 2017. It

shall be deemed to have come into force on July 8, 2017, the date on

which the Ordinance was promulgated.

Extension to Jammu and Kashmir: The Integrated Goods and Services

Tax Act, 2017 applies to the whole of India except Jammu and Kashmir.

The Bill extends the provisions of the Act to Jammu and Kashmir as

well.

Passed in the

Parliament

The Central Goods

and Services Tax

(Extension to

Jammu and

Kashmir) Bill, 2017

The Central Goods and Services Tax (Extension to Jammu and

Kashmir) Bill, 2017 was introduced in Lok Sabha by Minister of

Finance, Mr. Arun Jaitley, on July 31, 2017. It amends the Central

Goods and Services Tax Act, 2017.

The Act provides for the levy of the Central Goods and Services Tax

on supplies of goods and services within a state. The Bill replaces the

Central Goods and Services Tax (Extension to Jammu and Kashmir)

Ordinance, 2017. It shall be deemed to have come into force on July 8,

2017, the date on which the Ordinance was Promulgated

Extension to Jammu and Kashmir: The Central Goods and Services Tax

Passed in the

Parliament

LGK - LEGISLATIONS CHAPTER

1

LGK Fact Bytes

2

Acts/Bills/


Act, 2017 applies to the whole of India except Jammu and Kashmir. The

Bill extends the provisions of the Act to Jammu and Kashmir as well

The Financial

Resolution and

Deposit Insurance

Bill, 2017

The Financial Resolution and Deposit Insurance Bill, 2017 was

introduced in Lok Sabha by the Minister of Finance, Mr. Arun

Jaitley on August 10, 2017.

It seeks to create a framework for resolving bankruptcy in financial

firms (such as banks and insurance companies). The Bill repeals

the Deposit Insurance and Credit Guarantee Corporation Act, 1962

and amends 12 other laws.

The Bill will apply to financial firms, and any other financial service

provider designated as a ‘systemically important financial

institution’ by the Central Government.

Pending in

Lok Sabha

The Right of

Children to Free

and Compulsory

Education (Second

Amendment) Bill,

2017

The Right of Children to Free and Compulsory Education (Second

Amendment) Bill, 2017 was introduced by the Minister of Human

Resource Development, Mr. Prakash Javadekar in Lok Sabha on

August 11, 2017. The Bill amends the Right of Children to Free and

Compulsory Education Act, 2009.

Under the Act, no child can be held back in any class until the

completion of elementary school (classes 1-8). The Bill amends this

provision to empower the central or state government to allow

schools to hold back a child in class 5, class 8, or in both classes.

The Bill states that a regular examination will be held in class 5 and

class 8 at the end of every academic year. If a child fails in these

examinations, he will be given additional instruction and the

opportunity for a re-examination (within two months from the

declaration of the result).

If he fails in the re-examination, the child may be held back in class 5,

class 8, or in both classes. The central and state government may

also decide to not hold back the child in any class until the

completion of elementary education. Further, the central or state

government will decide the manner and the conditions subject to

which a child may be held back.

Pending in

Lok Sabha

Indian Institute of

Management (IIM)

Bill, 2017

The IIMs will be declared as Institutions of National importance

It will also enable IIMs to grant degrees rather than diplomas to

their students.

Union Cabinet has

approved.

The Surrogacy

(Regulation) Bill,

2016

The Bill prohibits commercial surrogacy, but allows altruistic

surrogacy

Surrogacy is permitted when it is for couples who suffer from

proven infertility; and altruistic; and not for commercial purposes;

and not for producing children for sale, prostitution or other forms

of exploitation.

Introduced in Lok

Sabha.

LGK Fact Bytes

3

Acts/Bills/


123rd Amendment

Bill, 2017

Creation of a National Commission for Socially and Educationally

Backward Classes (NSEBC) under new Article 338 B.

Setting up of National Commission for Socially and Educationally

Backward Classes (NSEBC) as a constitutional body.

Passed by

Lok Sabha

Updated Till 30th September 2017

Acts/Bills/

Notifications Key

Facts

Status

The Goods and

Services Tax

(Compensation to

States)

Amendment

Ordinance, 2017

The Goods and Services Tax (Compensation to States) Amendment

Ordinance, 2017 was promulgated on September 2, 2017. It amends the

Goods and Services Tax (Compensation to States) Act, 2017. The

Act allows the central government to notify the rate of the Goods

and Services Tax (GST) Compensation Cess on items such as pan

masala, coal, aerated drinks, and tobacco, subject to certain caps.

The amount received by levying the GST Compensation Cess is used

to compensate states for any loss in revenue following the

implementation of GST.

Increase in cap on GST Compensation Cess: The Ordinance amends

the 2017 Act to increase the cap on the GST Compensation Cess

levied on cars from 15% to 25%.

Ordinance

Promulgated

The Code on

Wages, 2017

The Code on Wages, 2017 was introduced in Lok Sabha by the

Minister of Labor, Mr. Bandaru Dattatreya on August 10, 2017. It

seeks to consolidate laws relating to wages by replacing: (i) the

Payment of Wages Act, 1936, (ii) the Minimum Wages Act, 1949, (iii)

the Payment of Bonus Act, 1965, and (iv) the Equal Remuneration

Act, 1976.

Pending in

Lok Sabha

Updated Till 30th October 2017

Acts/Bills/

Notifications Key

Facts

Status

Criminal Laws

(Rajasthan

Amendment)

Ordinance, 2017

The ordinance which makes it mandatory to obtain a Government

sanction before investigating both serving and former Judges,

Magistrates, and public servants for on-duty actions.

It amends Ss 156 and 190 of the Code of Criminal Procedure to that

effect and adds a new S. 228B/

The Ordinance also restrict the media from publicizing, or

disclosing the identity of such public servant without a sanction

from the government.

Ordinance

Promulgated

LGK Fact Bytes

4

Acts/Bills/

Notifications Key

Facts

Status

S. 228B gives for a punishment of imprisonment of 2 years in

addition to fine

Updated Till 30th November 2017

Acts/Bills/

Notifications Key

Facts

Status

Karnataka

Prevention and

Eradication of

Inhuman Evil

Practices and

Black Magic Bill

2017

The state Legislative Assembly, in Karnataka has passed this act to

tackle the alarmingly growing actions of persons in the name of

superstition, sacrifice, black magic, etc.

The Law bans various practices by mention and some practice by an

umbrella explanation.

It is pertinent to note that nothing that is religious or superstitious, but

not harmful to the dignity or sanctity of persons, castes, gender, etc,

has been banned.

The bill awaits approval from the state Legislative Council and a

final nod from the Governor.

Passed by the state

Legislative

Assembly.

The Indian Forest

(Amendment)

Ordinance, 2017

The ordinance has been promulgated, by the President, for the sole

purpose of excluding ‘bamboos’ from the definition of ‘trees’, in the

Indian Forests Act 1927.

Ordinance

Promulgated

LGK Fact Bytes

5

Key Positions

Authority Position Personality

Supreme Court of India Chief Justice of India (45th CJI) Justice Dipak Mishra (till 2nd October 2017) (succeeded Chief Justice Jagdish

Singh Khehar)

Attorney General of India (Indian government's chief legal advisor)

KK Venugopal (succeeded Mukul Rohatgi)

Solicitor General of India Vacant (Ranjit Kumar resigned on 20 October 2017)

The Comptroller and Auditor General of India

Rajiv Mehrishi (succeeded Shashikant Sharma)

National Legal Services Authority (NA LSA)

Executive Chairman 2nd senior most Judge in the Supreme Court: Justice Ranjan Gogoi

National Commission for Scheduled Tribes (NCST)

Chairperson Nand Kumar Sai - Senior tribal leader from Chhattisgarh (succeeded Rameshwar Oraon)

National Commission for Minorities Chairperson Syed Ghayorul Hasan Rizvi (succeeded Shri Naseem Ahmad)

National Commission for Scheduled Castes

Chairperson Ram Shankar Katheria (succeeded Panna Lal Punia)

National Commission for Women Chairperson Rekha Sharma (Succeeded Lalitha Kumaramangalam)

National Commission for Backward Classes

Chairperson Justice Vangala Eshwaraiah

21st Law Commission of India (LCI) Chairperson Balbir Singh Chauhan (was the Chairman of the Cauvery River Water Disputes Tribunal)

National Consumer Disputes Redressal Commission

President Hon'ble M r. Justice D. K. Jain

Armed Forces Tribunal Chairperson Hon'ble M r. Justice Virender Singh

Central Registry of Securitisation Asset Reconstruction and Security Interest of India (CERSAI)

Central Registrar (CR), Managing Director (MD) and Chief Executive Officer (CEO)

Praveen Kumar Sharma

National Company Law Tribunal (NCLT) President Justice Shri Mahesh Mittal Kumar

Competition Commission of India Chairperson Devender Kumar Sikri

PERSONALITIES CHAPTER

2

LGK Fact Bytes

6

Authority Position Personality

Goods and Services Tax (GST) Council Chairman

Additional Secretary

Finance Minister (Arun Jaitley)

Arun Goyal

Appointments and Resignations

1. The Solicitor General of India, Ranjit Kumar, resigned on 21st October 2017, citing personal reasons from his

post. As it stands, the post of Socilitor General is empty.

2. The Chairperson of National Commission for Women is Rekha Sharma.

Updated as on 30th November 2017.

3. Rajiv Mehrishi has been appointed as the Comptroller and Auditor General of India, as on 25th September. He

succeeded Shashikant Sharma. Due to his position as the CAG of India, Rajiv Mehrishi has also become the

Chairman of the United Nations Board of Auditors and an external auditor to the World Intellectual Property

Organisation.

4. Dalveer Bhandari, India’s nomination to the International Court of Justice has been reelected, for the term of 9

years, as a judge in the International Court of Justice.

LGK Fact Bytes

7

Name of the Committees Chairpersons Committees working for

MHA Panel Special Secretary in the

Ministry of Home Affairs

To examine the rules which allow free movement of Indian and Myanmarese citizens within 16 kms of the border

Arvind Panagariya Panel Arvind Panagariya To fast-track bullet trains.

Panel on National Education Policy

Krishan Kasturirangam To draft National Education Policy

Committee on Corporate Governance

Uday Kotak Improving the standards of corporate governance of listed companies

RBI overseeing Committee Pradeep Kumar To Look at the stressed assets of the Banking Sector

Four-Member committee of BCCI

C K Khanna To support staff of the Indian team and then decide on the contact that will be handed to the coached

GST Council Panel Pradeep Sinha To select National Anti profiteering Authority

Target Olympic Podium

(TOP) Committee

Abhinav Bindra To identify and support potential medal prospects for 2020 and 2024 Olympic Games under Target Olympic Podium (TOP) scheme.



10 member panel Justice B N Srikrishna The ministry of Electronic and Information Technology appointed an expert panel committee that would study various issues relating to data protection

Parliamentary Panel Renuka Chaudhury Genetically Modified crops may be introduced, large scale, only after bio-safety and socio-economic evaluation

RBI Panel Tarun Ramadorai Rights based privacy framework in household finance

Parliamentary Panel B C Khanduri Giving the widow of a deceased soldier 100% pension

Task force on artificial intelligence

Dr. V Kamakoti Artificial Intelligence for India’s Economic Transformation

SEBI Committee T K Viswanathan The committee will suggest short term and medium term

measures for improved surveillance of the markets

COMMITTEES AND COMMISSIONS CHAPTER

3

LGK Fact Bytes

8


Shekatkar Committee Cabinet Committee on Security

Prime Minister (Narendra Modi)

To enhance combat capability and rebalance defens expenditure of the armed forces



Economics Advisory Committee

Bibek Debroy The EAC gives advice to the Prime Minister and the government on economics and other related topics.

NITI Aayog Expert Task

Force on Employment and Exports

Dr. Rajiv Kumar

To provide a major thrust to job creation by enhancing

India’s exports.

Updated Till 15th December 2017


Standing Committee on External Affairs Shashi Throor

The Standing Committee on External Affairs will examine the issue of cooperation between India and China in International Organizations.

LGK Fact Bytes

9

1. Quest for Equality vs Jamiat Ulama-i-Hind

A five-judge bench headed by the erstwhile Chief Justice of India JS Khehar heard petitions

challenging the practice of triple talaq. The petitions had been filed in the preceding two years by

Muslim women, who have been affected by the practice of Triple Talaq, they prayed for the abolition

of the practice as it was discriminatory and biased and violated their right to equality. The lead

petition had been titled "Quest for Equality vs Jamiat Ulama-i-Hind". Interestingly, the case was heard

by five judges from five different communities, namely, CJI J S Khehar (Sikh) and Justices Kurian

Joseph (Christian), R F Nariman (Parsi), U U Lalit (Hindu) and Abdul Nazeer (Muslim). The

Supreme Court stated that it would determine the constitutional validity of the triple talaq and would

not examine the Islamic custom of polygamy, while hearing petitions challenging triple talaq

The matter in this case was, inter alia, whether the right of a Muslim man, to instantaneously divorce

his wife, is an inalienable right under his fundamental right to religion or whether the existence of

such a right is in contravention to the fundamental right of equality of women, who were given such

talaq. The judges with decided 3:2 majority that such a practice is unconstitutional and the Supreme

Court, in August 2017, banned instantaneous talaq. CJI Khehar and Justice Abdul Nazeer were the

dissenting judges, in whose opinion, instantaneous talaq was not unconstitutional, yet it was sinful and

wrong.

2. Justice K S Puttaswamy (retd.), and anr v Union of India and ors

In this case, 20 petitioners, including a 90 year old retired Karnataka High Court judge, contested that

Right to Privacy is a fundamental right. The nine Judge Bench, gave a unanimous verdict that Right to

Privacy is indeed a Fundamental Right overturning Karak Singh v. State of Uttar Pradesh and MP

Sharma v. Satish Chandra. The main judgment, written by Justice D Y Chandrachaud also mentions

that a person's sexual orientation is his own business and therefore stricking a blow to the still valid

S. 377 if the Indian Penal Code. This might open up new avenue for litigation against S. 377. The

decision in this case will also affect the ongoing litigation concerning the increasingly compulsory

and invasive nature of Aadhar.

3. Liquor Ban Case

The banning of Liquor sale within 500 mtrs of State and National Highway has given rise to various

litigations throughout the country, seeking clarification or modification. The CJI Khehar had made

it clear that the Supreme Court will not entertain any petitions from private parties. It is however

considering and hearing interlocutory applications from the governments of Kerala, Andaman and

Nicobar Islands, Arunachal Pradesh, Uttarakhand and Chandigarh. Regarding the same case, the

Supreme Court has made it clear that state and national highways mean the stretches of State and

National Highways that connect various cities and towns, the licensed liquor establishments, that

are within municipal areas shall not be touched by the liquor ban.

SUPREME COURT JUDGEMENTS CHAPTER

4

LGK Fact Bytes

10

4. Central Bureau of Investigation v. Gurmeet Ram Rahim Singh (CBI Court)

In this case, Gurmeet Ram Rahim was convicted and sentenced to 20 years imprisonment for raping

two sadhvis of the organization Dera Sacha Sauda, of which he is the chief. This is just a beginning in

the list of crimes that Gurmeet Ram Rahim is suspected in. He is still being tried for murder, as well

as causing hurt, amongst other things.


5. 1993 Mumbai Blasts Case

A special CBI Court, in September 2017, convicted the persons responsible for the 1993 serial blasts

in Mumbai. Abu Salem and Karimullah Khan were sentenced to two consecutive life sentences and a

fine of Rs. 2 Lakh each. Tahir Khan and Feroz Abdul Rashid Khan were sentenced to death.

According CBI Feroz and Tahir were the main conspirators. Riyaz Siddiqui got 10 years

imprisonment after being found 'not guilty' of conspiracy

Interestingly Abu Salem was extradited from Portugal in 2005 with a promise that he would not

receive a death sentence.

6. Shafin Jahan v. Ashokan K. M. and ors.

The case concerns Akila Hadiya's conversion to Islam, and her subsequent marriage to a Muslim man

Shafin Jahan. In a judgment rendered on 25 May this year, a Division Bench of Kerala High Court had

called her marriage a "sham", and had annulled it, directing her return to the protective custody of her

Hindu parents. Against this Shafin Jahan approached the Supreme Court.

The Supreme Court, in August, ordered an NIA investigation into the said case, which was to be

overseen by Former Supreme Court Justice R. V. Raveendran, who declined to oversee the probe.

After the refusal Justice Raveendran, a petition was filed, by Shafin Jahan to say that the probe was

not impartial anymore and that since Justice Raveendran has refused to oversee such probe, it should

not be conducted until someone is appointed. Shafin Jahan has alleged that Akhila is being mistreated

and is being beaten up by her parents.

7. Lokniti Foundation v Union of India.

In this case. The Supreme Court, on 6 th February 2017, found it desirable that sim-cards be linked

with Aadhar numbers of their owners, as well as any new sim-cards would not be issued without

being linked with the Aadhar card of the owner of the sim. The case was sighted in a circular of the

Department of Telecommunication, asking that all existing uses, by 6th February 2018, link their

Aadhar Card with their phone connection.


6. Shafin Jahan v. Ashokan K. M. and ors. (contd.)

The Supreme Court has categorically declared that a father cannot hold a 24 year old adult woman

hostage, against her will. Additionally the Supreme Court bench, led by the CJI, shall be looking into

whether the annulment by the Kerala HC, of Hadiya's marriage, is within the purview of the HC under

Article 226 of the Constitution.

LGK Fact Bytes

11

8. Witness protection

The Supreme Court in September has asked all the states and the centre about the steps being taken to

ensure that witnesses in sensitive and high-profile cases are not harmed. This is an expansion of the

ambit of the rape case against the self-styled God man Asaram Bapu. The Supreme Court has asked

the petitioners to implead all the states in the petition for witness protection. The petitioners being

Mahinder Chawla, a witness in a rape case allegedly involving Asaram, Naresh Gupta, the father of a

murdered witness, Karamvir Singh, the father of a child rape victim and Narender Yadav, a journalist

who allegedly escaped a murder attempt. The court's direction came in the wake of the petitioners

seeking investigation into the instances of attacks and disappearances of witnesses in cases against

Asaram.

9. Cow Vigilantism

The Supreme Court bench headed by the CJI has asked the Centre and the States to take positive

action to ensure that private citizens or any other persons are not allowed to perpetrate violence in the

name of cow vigilantism. The petition was raised by Tushar Gandhi, represented by Indira Jaising, to

stop the highway patrolling by the cow vigilantes.

The bench headed by Justice Dipak Misra issued notice to Rajasthan, Uttar Pradesh, Maharashtra,

Gujarat, Jharkhand,Karnataka etc. where such vigilante groups are valid and given licenses. "We want

their responses" the bench had said seeking replies within four weeks. That hearing had happened

amidst nationwide outrage over killing of a man allegedly by a cow vigilante group in Rajasthan's

Alwar . Thereafter four at least four such incidents have been reported.

10. Deportation of Rohingya Muslims

Seeking the Centre's response on the issue, the Supreme Court today said it would give urgent hearing

to the petition challenging the proposed decision to deport 40,000 Rohingya Muslims, who have taken

refuge in India to escape persecution in Myanmar. The bench however refused to issue any interim

stay on deportation till the next date of the hearing.

The plea was filed by two refugees Mohammad Salimullah and Mohammad Shaqir. The petition has

the ministry of home affairs, National Human Rights Commissions and United Nations High

Commission For Refugees (UNHCR) as respondents.

The Petitioners contend that the proposed deportation is contrary to Articles 14, 21 and 51(c) of the

Constitution of India. They further allege violation of the principle of 'Non-Refoulement', that

prohibits the deportation of refugees to a country where they face threat to their life.

11. NGT order quashed

The Supreme Court has set aside order of the National Green Tribunal regarding the functioning of

Chairmen of 10 State Pollution Control Boards (SPCBs) that was ceased due to the failure of such

States to make appointments in adherence to NGT's earlier judgment. The Supreme Court stated that

NGT can only decide a substantial question relating to the environment.

12. BCCI Case

The Supreme Court pulled up the BCCI for trying to avoid its orders regarding the drafting of a new

constitution for the BCCI. It has asked the BCCI to take the recommendations of the R M Lodha

Committee in its entirety for the draft constitution. The draft shall be presented to the Supreme Court,

as a whole, for approval.

LGK Fact Bytes

12


13. Sabrimala Temple Case

The much discussed Sabrimala temple issue, wherein women of ages 10-50 are not allowed within

the shrine of Sabrimala temple, has been referred to a constitutional bench (5 judges) by the present 3

judge bench. Various issues have already been framed for the constitutional bench to consider. The

constitutional bench shall be discussing whether the bar from entry is discrimination, whether such a

bar is an essential practice of religion, whether the Rule 3 of Kerala Hindu Places of Religious

Worship Act is ultra vires of the Constitution, etc.

14. Victim Compensation

The Supreme Court has asked National Legal Services Authority (NALSA) to form a panel of 4-5

persons in order to draft rules for victim compensation for sexual offences and acid attacks. The report

of this panel is expected to be filed on or before 31st December 2017. The bench has decreed that the

Chairperson or any nominee of the Chairperson of the National Commission for Women would be

associated with the committee.

15. Dr (Smt.) Nupur Talwar v. State of UP and Anr. (Allahabad High Court)

In October, a bench of the Allahbad High Court reversed the guilty verdict of the CBI court that

originally held the parents responsible for the murder of their daughter and manservant. The murder of

Aarushi Talwar and Hemraj have been sensationalized in the Indian Media, since the last decade

inspiring a book as well as a movie.

In the opinion of the Allahabad High Court the parents were convicted was despite several gaps in

concrete evidence by the CBI court. Therefore the Allahabad High Court reversed the conviction. Dr.

Nupur and Rajesh Talwar had been serving their sentences and have been released.

16. Common Cause v Union of India

The Supreme Court is considering the matter of right to passive euthanasia, refuse medical treatment,

refuse extraordinary care, living will, etc. In Aruna Shanbaug v. Union of India, the Supreme Court

had made it clear that in cases where life extending drugs weren't given, or life saving operations were

not carried out or life support machines were disconnected, at the patient's option, the cause of death

would not be medical stopping of treatment but the underlying condition, This is known as passive

euthanasia.

The five judge bench is expected to clarify a number of issues concerning Living Will and Euthanasia,

and help the Government to introduce a legislation in Parliament legalizing Passive Euthanasia with

sufficient safeguards against its misuse.

17. Arjun Gopal v. Union of India

The Supreme Court, in October, banned the sale of firecracker again, within the National Capital

Territory till November 1.

The sale of firecrackers was banned in the NCT on 11th November 2016 and lifted on 12th

LGK Fact Bytes

13

September 2017. The court, on petition by cracker manufacturers and license holders had lifted it on

September 12 this year holding that the pollution control authorities had not given any "empirical

data" to prove crackers was sole reason for extremely poor quality of air in Delhi- NCR post - Diwali.

This ban was reinstituted on the petition of 3 children, aged 2 to 4.

18. Godhra Train Case (Gujarat High Court)

The Gujarat High Court commuted the death sentences of 11 convicted persons into life sentences. In

addition, the HC also asked the State Government and the Railway to jointly pay compensation of Rs.

10 Lakh to the family of each of the deceased, as well as a minimum of Rs. 3 Lakh to persons who

were injured during the burning of the Sabarmati express in 2002.

The court gave two reasons for such judgment. In their opinion, the quantum of deaths that occurred

were due to the severe overcrowding of the train compartment. Additionally, the accused did not

wish to increase the number of casualties, therefore setting fire to only one end of the train.

19. Independent Thought v. Union of India

The Supreme Court, in this landmark judgment has finally decreed that sex with a wife, who is below

18 years of age is rape. According to the Indian Penal Code 1860, S. 375:

"A man is said to commit "rape"… Exceptions … 2. Sexual intercourse or sexual acts by a man with

his own wife, the wife not being under fifteen years of age, is not rape…"

The two judge bench very specifically mentioned that this does not in any way relate to the matter of

adult marital rape. However it might have a lasting impact in the ongoing matter of criminalizing adult

marital rape, in the Delhi High Court.

20. Political Funding

The Supreme Court has issued notice to the Central Government and the Election Commission, on a

petition filed on behalf of Association of Democratic Reforms (ADR) and Centre for Public Interest

Litigation (CPIL) challenging various amendments made through the Finance Act 2017 and the

Finance Act 2016 in the Companies Act, Income Tax Act, Representation of People's Act, Reserve

Bank of India Act and Foreign Contribution Regulations Act.

The petitioners submitted that the amendments in question had opened floodgates to unlimited

corporate donations to political parties and anonymous financing by Indian and foreign companies,

which can have serious repercussions on the Indian democracy. The said amendments have removed

the caps on campaign donations by companies and have legalised anonymous donations.


21. Sachin Pilot v. State of Rajasthan and the Union of India. (Rajasthan High Court)

Sachin Pilot has filed a writ petition against the promulgation of the Criminal Law (Rajasthan

Amendment) Ordinance 2017. This ordinance has amended the Code of Criminal Procedure, as it reads

for Rajasthan, to make it mandatory to obtain government sanction before investigating any former or

serving judges and public servants for actions done

LGK Fact Bytes

14

22. Google India Private Limited v. Additional Commissioner of Income Tax. (Income Tax Appeallate

Tribunal [ITAT])

Google India Private Limited had been slapped with a tax liability on Rs. 1,457 Crores of ad revenue by

the Income Tax Department when they found out that Google India’s ad revenue was diverted to Google

Ireland for the assessment years 2007-08 to 2012-13. Ireland is known for having tax laws that are

lenient. Google filed a complaint in the ITAT, which upheld the liability put on Google India.

23. Ashwini Kumar Upadhyay v. Union of India and anr.

An advocate Ashwini Kumar Upadhyay has filed a PIL in the Supreme Court asking that Hindus be

declared a minority in 8 State, where they indeed are a minority. He cites that the following states have

the following percent of Hindu population Lakshadweep (2.5%), Mizoram (2.75%), Nagaland (8.75%),

Meghalaya (11.53%), J&K (28.44%), Arunachal Pradesh (29%), Manipur (31.39%) and Punjab

(38.40%). He additionally contends that Sikhs and Christians are majority population or significant part

of the population in various states, however a 1993 notification, by the Central Government, assigning

them minority status means that they are given privileges, even when they aren’t minority in that

particular state.

6. Shafin Jahan v. Ashokan K. M. and ors. (contd…)

The Supreme Court, in this controversial has asked the father of Akhila Hadiya to produce her in the

court on 27th November 2017 so that they may determine whether the annulment of her marriage and

the subsequent awarding of custody to her father, of a 24-year-old was a valid decision by the Kerala

High Court or not. The Supreme Court, so far, has been leaning towards reversing of the order.

24. Medical Termination of Pregnancy

In the a case, the Supreme Court has upheld the order of the Punjab and Haryana High Court that a

woman does not need her husband’s consent in order to medically terminate her pregnancy.


23. Ashwini Kumar Upadhyay v. Union of India and anr. (contd…)

The Supreme Court dismissed the petition, directing the same to approach the National Minorities

Commission.

25. Kamini Jaiswal v. Union of India

This case, took an unprecedented dramatic turn on 10th November 2017.

Advocate Kamini Jaiswal, in November 2017, approached the Supreme Court, seeking a fair

investigation into the allegations regarding corruption in the higher judiciary that have come to light

after the CBI filed a chargesheet against the former Allahabad High Court judge Justice I M Quddusi.

In the matter, concerning the corruption, there is evidence that Justice Quddusi conspired with Mrs.

Bhawna Pandey to settle favorably in the Allahabad high Court and the Supreme Court the debarring of

Prasad Institute of Medical Science, Lucknow by the Government. This implied that the matter of

corruption did not stop with Mr. Quddusi, but carried on to the Supreme Court

LGK Fact Bytes

15

The Petition was heard by J. Chelameswar and Justice S. Abdul Nazeer who referred the same to the

Constitutional Bench, consisting of the 5 senior most judges of the Supreme Court. This reference was,

on Friday, cancelled by a constitutional bench of 5 judges, whereby they referred the same matter to a

bench of 3 judges. What is pertinent to note is that the Lucknow medical college matter was decided in

the Supreme Court by Justice Dipak Mishra, and the assignation of a bench for whether there should be

an independent investigation into allegations for corruption in the same matter was also decided by the 5

judge bench headed by the Chief Justice Dipak Mishra.


6. Shafin Jahan v. Ashokan K. M. and ors. (contd.)

In the instant case, Hadiya was brought before the Supreme Court, wherein she expressed her desire to

continue her medical education (homeopathy), and return to her husband and her faith. She alleges that her

parents have kept her confined for the last 11 months, and that she has suffered mental agony.

However, in the opinion of the Additional Solicitor General, and her father, she has been indoctrinated into

the converting Muslim faith. In the presentations by the respondents, they have presented several

communications allegedly between the petitioner and various persons arrested or suspected by the National

Investigation Agency of having links with ISIS recruiters, etc. Hadiya is not, in respondent’s opinion, an

isolated case. The Kerala High Court has ordered investigation into 10 similar cases of alleged indoctrination

and ‘neuro-linguistic programming’.

The Supreme Court has ordered that Hadiya resume her studies and that she be provided hostel and other

facilities by the state of Kerala.

26. The State of Rajasthan and ors. V. Ganga Sahay Sharma

The Supreme Court has restrained the Rajasthan Government from crossing the ceiling of reservation to

above 50%. The Rajasthan government had created a separate segregation, within OBCs as those being more

backward. 5% of the seats would be reserved, according to such rule, solely for Gujjars, Banjaras, Gadia-

Lohars, Raikas and Gadariyas, increasing the OBC reservation from 21% to 26% and total reservation to

54%.

The constitutional validity of the concerned law, Rajasthan Backward Classes (Reservation of Seats in

Educational Institutions in the state and of Appointments and Posts in Services under the state) Bill, 2017, is

being debated in the Rajasthan High Court.

27. Surinder Singh Barmi v. The Board of Cricket Control in India (BCCI)(Competition Commission of India

(CCI))

The CCI has levied a penalty of Rs. 52 Crore on the BCCI for anti-competitive practices. The CCI has levied

the penalty on the BCCI for abuse of dominant position by denial of market access.

The petition was in response to BCCI’s assurance to the broadcasters of Indian Premier League (IPL), that it

would not organize, sanction, recognize, or support another professional domestic Indian T20 competition

that is competitive to IPL, for a sustained period of ten years. In the CCI’s opinion, such a clause was

beneficial only to BCCI, which held a dominant position in Indian cricket and the broadcasters of IPL.

BCCI’s contention that it was for the benefit of cricket, it’s audience, etc, was held unacceptable.

LGK Fact Bytes

16

Updated Till 15th December 2017

28. B. Sunitha v. State of Telangana and ar.

In accordance to the case, the Supreme Court has made it clear that a lawyer asking for fees based on the

amount of money received as compensation or any other costs, shall be professional misconduct and cannot

be allowed to be the basis of a complaint under S. 138 of the Negotiable Instruments Act, 1881, i.e. dishonor

of cheque for insufficiency, etc., of funds in the account.

The courts, over the years have reiterated many times that it is unseemly for a lawyer to ask for fees based on

the amount of money received by the passing of a decree. It is also specified in the Advocates Fee Rules and

Ethics.

29. Sanju Devi v. State of Bihar and anr.

The Supreme Court has observed that a wife, who is judicially separated from her husband has a right to

maintenance, the same as a divorced wife.

30. Vidhi Centre for Legal Policy v. Union of India.

The Supreme Court has issued a notice to the Centre regarding the petition filed by Vidhi Centre for Legal

Policy challenging provisions of 119 Acts that discriminate against persons affected with leprosy. India is

bound by the Constitution as well as its international commitments, to not discriminate against any person

with a disabilities. Most of these provisions are now irrational based on “”medically inaccurate and outdated

conception of the infectious nature of the disease and without taking into account the effectiveness of the

prevailing standard treatment for the disease…”

31. Federation of Hotels Association of India v. Union of India.

The Supreme Court has decreed that hotels and restaurants can, for packaged goods, charge above the amount

given as the MRP. The hotels and restaurant provide a service, making it a composite transaction with

composite billing and MRP rates cannot be insisted upon for such entities.

Documents

LGK Fact Bytes updated till 15th Decembers3-ap-southeast-1.amazonaws.com/.../12/18104741/LGK-Fact-Bytes-u… · LGK Fact Bytes 1 As aspirants of law schools, students are required