CURRENT LEGAL

KNOWLEDGE
February 2022

Sakshi Tomar
Consumer complaint cannot be transferred to
High Court: Supreme Court
● YES Bank Limited v. 63 Moons Technologies Limited and
Others
● SC- We have heard the learned counsel appearing for the
parties at some length and find that the consumer complaints
are filed under the Consumer Protection Act, therefore, such
consumer complaints cannot be transferred to the High Court
exercising the jurisdiction under Article 226 of the
Constitution of India.
 Insurance company cannot deny claim on
ground of delay in intimation of theft:
Supreme Court
● Jaina Construction Company v. Oriental Insurance Company
Limited and Another
● SC- When the complainant had lodged the FIR immediately
after the theft of the vehicle, and when the police after the
investigation had arrested the accused and also filed challan
before the concerned Court, and when the claim of the insured
was not found to be not genuine, the Insurance Company
could not have repudiated the claim merely on the ground that
there was a delay in intimating the Insurance Company about
the occurrence of the theft
 Life imprisonment without remission can be
imposed in place of death sentence: Supreme
Court

● Ravindra v. Union of India and Others

● SC- Constitution Bench which says that there can be
imposition of life imprisonment without any remission till the
last breath as a substitution of death sentence.
● Referred Union of India v. V Sriharan 2014- held that a special
category of sentence instead of death can be substituted by the
punishment of imprisonment for life or for a term exceeding 14
years, and the said category can be put beyond any application
of remission.

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 Dying declaration can be sole basis for
conviction without corroboration: Supreme
Court
● State of UP v. Veerpal & Anr
● SC- held that if the Court is satisfied that the dying declaration
is true and voluntary, it can base its conviction on it, without
corroboration.
● Appeal where HC acquitted the accused find two different
dying declaration, one recorded by police and other by
magistrate

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 Rules made to exercise powers of State
Legislature constitute “law” under Article 13:
Supreme Court
● Ashish Shelar v. Maharashtra Legislative Assembly
● SC- rules made to exercise the powers and privileges of State legislatures
constitute "law" within the meaning of Article 13 of the Constitution
● It was emphasised that although the Court had previously held that
parliamentary law was of a higher quality and efficacy than the Rules under
Article 118, this did not whittle down the legal exposition that the Rules framed
by the Legislative Assembly under Article 208 of the Constitution are
“procedure established by law” for the purpose of Article 21 of the Constitution.
● Article 208- procedure of the state legislature to make rules
● Article 118- empowers each House of Parliament to make rules for regulating
its Procedure and the Conduct of its business

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 Supreme Court explains factors to determine
intention for Section 302 offence
● State of Uttarakhand v. Sachendra Singh Rawat
● Intention to cause death can be gathered generally from a combination of the following
circumstances:
■ nature of the weapon used;
■ whether the weapon was carried by the accused or was picked up from the spot;
■ whether the blow is aimed at a vital part of the body;
■ the amount of force employed in causing injury;
■ whether the act was in the course of sudden quarrel or sudden fight or free for all fight;
■ whether the incident occurs by chance or whether there was any premeditation;
■ whether there was any prior enmity or whether the deceased was a stranger;
■ whether there was any grave and sudden provocation, and if so, the cause for such provocation;
■ whether it was in the heat of passion;
■ whether the person inflicting the injury has taken undue advantage or has acted in a cruel and unusual
manner;
■ whether the accused dealt a single blow or several blows.
● HC converted the case for murder to culpable homicide not amounting to murder falling
under fourth exception to section 300 (sudden fight)
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Post offices, banks vicariously liable for fraud,
wrongs by employees during employment:
Supreme Court
● Pradeep Kumar And Another v. Postmaster General And
Others
● SC- clarified that the post office shall be entitled to proceed
against the defaulter officers for the loss caused due to the
fraud or wrongful act, but this would not absolve them from
their liability.
● In order to hold a post office or bank vicariously liable for the
acts of servant/employee, it shall be necessary to establish that
the latter perpetrated a fraud or wrongful act during the course
of employment

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 Section 498A IPC being increasingly used to
settle personal scores with husband, relatives:
Supreme Court
● Kahkashan Kausar vs State of Bihar
● SC- General and omnibus allegations cannot manifest in a
situation where the relatives of the complainant’s husband are
forced to undergo trial. It has been highlighted by this court in
varied instances, that a criminal trial leading to an eventual
acquittal also inflicts severe scars upon the and such an
exercise must therefore be discouraged
● matrimonial litigation in the country has increased
significantly and there is a greater disaffection and friction
surrounding the institution of marriage, now, more than ever
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 Supreme Court approves Parsi rites for
disposal of COVID victims

● Surat Parsi Panchayat Board v. Union of India

● SC- allowed the Parsi Community to perform Dokhmenashini
i.e. disposal of the dead bodies according to the Parsi religious
customs at the Dokhmas (Towers of Silence) for its members
who have succumbed to COVID-19
● Guidelines issued by court to be followed at the funeral

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 Tamil Nadu government introduces rule
barring police officers from harassing
LGBTQIA+ community members

● Rule prohibiting police officers from harassing LGBTQIA+

persons as well as persons working for the welfare of that
community.
● TN Govt- We are dealing with a situation where the deeply
embedded prejudice has to be effaced and therefore, it requires
continuous effort on the part of all the stakeholders

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 Undertake study on problems faced by
transgender persons, reservation should be
vertical: Andhra Pradesh High Court to State
● Matam Gangabhavani v. State of Andhra Pradesh & Ors
● Referred National Legal Services Authority v. Union of India and
others, reservation for transgenders should be vertical and not
horizontal
● HC- Therefore, it is appropriate to issue direction to the State to
undertake study on the problems faced by transgenders, while
holding that the reservation as directed by the Supreme Court is
only vertical and making provision for horizontal reservation
based on sex or gender is contrary to the principles laid down by
the Apex Court

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 Grounds of detention should be communicated
in writing to detenu in language he
understands: Delhi High Court
● Jasvinder Kaur v Union of India Through its Secretary Ministry of Finance,
Department of Revenue and Ors
● HC- oral explanation or oral translation of the order does not amount to
communication of grounds, and the same should be done in writing in a
language that the detenu understands.
● For completeness, where a detenu is illiterate, it has been held by the
Hon'ble Supreme Court that the mandate of Article 22(5) would be served
if the grounds of detention are explained to the detenu in a language that
he understands, so as to enable him to avail the fundamental right of
making a representation

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 No rationale behind exclusion of married
daughters from compassionate appointment
scheme: Tripura High Court
● State of Tripura vs Debashri Chakraborty and ors.
● May 2017 notification- “Married daughter(s) under any
circumstances shall not come under the purview of die-in-harness
scheme.”
● HC- A die-in-harness policy inasmuch as it operates as a
disqualification in the case of a married woman, as against a
married man must be held to be discriminatory and such policy,
tested on the touchstone of Articles 14 to 16 of the Constitution,
cannot be held to be valid

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 Karnataka High Court strikes down law against
online gaming
● All India Gaming Federation v. State of Karnataka
● Karnataka Police (Amendment) Act, 2021, bans wagering or betting,
including in the form of tokens valued in terms of money paid
before or after the issue of the same. It also ban virtual currency and
electronic transfer of funds in connection with any game of chance.
● Plea- Constitutional Courts have repeatedly held that games of skill
(involving risking of money or otherwise) do not amount to
wagering or betting, and therefore are protected under Article 19 of
the Constitution

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 ‘Penetrative sexual assault' under the
Protection of Children from Sexual Offences
Act (POCSO Act)
● Nawabuddin vs State of Uttarakhand
● The act of inserting a finger into the vagina of a minor girl (below
the age of 12 years) would amount to an offence of 'penetrative
sexual assault' under POCSO Act
● Argued that the said act could at best be a case of attempt to
commit aggravated sexual assault under Sections 7 and 8 of POCSO
Act

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Consent by minor has no value in the eyes of
law: Bombay High Court

● Peer Mohammad Ghotu Mohd. Ismail v. State of Maharashtra

& Anr
● HC- Consent of a minor, obtained either by threat or otherwise,
has no value in the eyes of law
● Rape survivor was in love affair and eloped with the accused

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Failure to fulfil promise of marriage does not
mean promise was false: Bombay High Court

● Gulab Laxman Meshram v. State Of Maharashtra

● HC- There is no allegation in the First Information Report that
when applicant promised to marry the complainant, it was
done in bad faith and intention to decisive her. The said fact is
established from the long standing physical relationship
between the parties. The applicant’s failure to fulfill his
promise to marry cannot be construed to mean, the promise
itself was false

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No fundamental right to seek removal of Prime
Minister's photo from COVID vaccine
certificate: Kerala High Court

● HC- citizens cannot claim any fundamental to right to ask the

government to remove Prime Minister Narendra Modi's
photograph from Covid-19 vaccination certificates.
● PIL was filed seeking removal of the Prime Minister's photograph
from the certificates issued for paid vaccinations on the ground
that the same violates the freedom of speech and expression
guaranteed under Article 19(1)(a) of the Constitution.

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Thank You

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