Legal News of April 14th, 2021

Written by Vanshika Sharma

INDIAN NEWS

Uttarakhand HC says that police personnel cannot be appointed as jail superintendents:

The Uttarakhand High Court has ruled that police officers cannot be named as jail superintendents, which is a landmark decision in terms of prisoners’ rights. It was held that the function of police officers is vastly different from that of jail superintendents, and that, as a result, their preparation and psyche are diametrically opposed. As a result, the former cannot hold the latter’s position.[i]

 

Calcutta High Court Orders Strict Adherence to COVID Guidelines during Elections:

In the midst of the rising number of COVID-19 cases in the state, the Calcutta High Court has given orders to the District Magistrate of all districts and the Chief Election Officer of West Bengal to ensure that COVID guidelines for conducting elections are strictly followed.[ii]

 

SC orders 2019 amendment to section 31 of IBC has retrospective impact:

The Supreme Court ruled that the Insolvency and Bankruptcy Code’s Section 31 amendment from 2019 has retrospective operation. The amendment is clarifying and declaratory in intent, and will come to effect from the date the I&B Code takes effect, according to the bench of Justices RF Nariman, BR Gavai, and Hrishikesh Roy.[iii]

 

Maharashtra Govt lists advocates offices as an “exempted category” during lockdown:

In the order released under Section 144 of the Code of Criminal Procedure yesterday to enforce state-wide restrictions on public movement in the aftermath of the COVID-19 wave, the Maharashtra government classified advocates offices as an “exempted group.” If the courts, tribunals, or Commissions of Enquiry are operating, advocates’ offices are permitted to open with a minimum staff of not more than 50% capacity.[iv]

 

INTERNATIONAL NEWS

Aung San Suu Kyi faces Criminal charges:

A new criminal case has been filed against Myanmar’s deposed civilian leader Aung San Suu Kyi. She has been charged in a total of six cases, five in Naypyidaw and one in Yangon.[v]

Court to hear defamation charges against German Researcher:

A defamaiont lawsuit against a German researcher who has accused Beijing of human rights abuses against Uyghurs will be heard in China’s Xinjiang province.[vi]

 

 

[i] ‘Police Personnel Cannot Be Appointed As Jail Superintendents: Uttarakhand High Court’, Live Law, (13 April, 2021), https://www.livelaw.in/news-updates/police-personnel-cannot-be-appointed-as-jail-superintendents-uttarakhand-high-court-172518  accessed 14 April, 2021.

[ii] Rintu Mariam Biju, ‘[West Bengal Election Campaign amid Covid-19] “Callous, nonchalant attitude cannot be permitted:” Calcutta High Court’, Bar and Bench, (13 April, 2021), <https://www.barandbench.com/news/litigation/election-campaigns-covid-19-calcutta-high-court-calls-strict-implementation-eci-guidelines> accessed 14 April, 2021.

[iii] ‘2019 Amendment To Section 31 IBC Has Retrospective Operation: Supreme Court’, Live Law, (13 April, 2021), https://www.livelaw.in/top-stories/2019-amendment-section-31-ibc-insolvency-and-bankruptcy-code-retrospective-operation-supreme-court-172545  accessed 14 April, 2021.

[iv] ‘Section 144 In Maharashtra : Advocates Offices Allowed To Open With 50% Capacity If Courts Are Working’, Live Law, (14 April, 2021), https://www.livelaw.in/news-updates/section-144-in-maharashtra-advocates-offices-allowed-to-open-with-50-capacity-if-courts-are-working-172565 accessed 14 April, 2021.

[v] ‘Myanmar’s Aung San Suu Kyi hit with new criminal charge’, The Times of India, (12 April, 2021), https://timesofindia.indiatimes.com/world/south-asia/myanmars-aung-san-suu-kyi-hit-with-new-criminal-charge/articleshow/82029217.cms accessed 14 April, 2021.

[vi] ‘Court to hear Defamation Case against German Researcher who accused China of Human Rights violations’, Latest Laws, (13 April, 2021), https://www.latestlaws.com/human-rights-news/court-to-hear-defamation-case-against-german-researcher-who-accused-china-of-human-rights-violations/ accessed 14 April, 2021.

 

Written by:

Vanshika Sharma

B.B.A.LL.B.

National Law University, Odisha

 

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Rules against Perpetuity under Transfer of Property Act, 1882