The Legal Chronicle

GNLU LSC Newsletter

Eleventh Edition : 7th December – 21st December

CONSTITUTIONAL LAW

SC: Appointment of priests can’t be denied solely on caste, birth etc

The Apex Court held that the appointment of priests cannot violate constitutional parameters. Appointment of archakas in accordance with “Agama Sashtra” was held not to be unconstitutional if in accordance with Article 14 of the Constitution.

For more information, please visit :

http://indianexpress.com/article/india/india-news-india/appointment-as-priests-cant-be-denied-on-basis-of-caste-birth-sc/

http://examinertimes.com/2015/12/appointment-as-priests-cant-be-denied-on-basis-of-caste/

Supreme Court upholds Odisha, Bihar Anti-Graft Laws are Constitutional

A bench comprising justices Anil R. Dave and Dipak Misra, while upholding the judgment of the respective high courts held that the anti-graft laws put into action by both the states are constitutional. According to these laws the state had the power to resort cases of corruption of certain class of high official posts to a special fast track court; it also had the power to seize the properties acquired beyond known means.

For more information, please visit :

http://www.livemint.com/Politics/AyZySZqCh8Kn3qNIetVRBI/Supreme-Court-upholds-Odisha-Bihar-antigraft-laws.html

No SC/ST Reservation in Higher Judiciary

The Supreme Court bench headed by Honb’le Chief Justice T.S. Thakur held that there can be no reservation imposed in elevation to become a High Court judge for Schedule Case or Schedule Tribes. The Bench held that such appointments are made strictly made on the basis of seniority. The petitioner had demanded for reservation for SC-/ST since his community was not adequately represented in the higher judiciary.

For more information, please visit :

http://www.hindustantimes.com/india/sc-refuses-to-provide-sc-st-reservation-in-higher-judiciary/story-KdTHXkoQkDP1eoRezmoBwJ.html

ELECTION LAW

Supreme Court upholds minimum educational requirements to contest polls

The Bench of Justices J. Chelameswar and Abhay Manohar Sapre upheld the Harayana Legislation which makes it impossible for illiterate candidates to contest Panachayat election. The bench while upholding the legislation noted that although a good number of people will not be able to contest elections but there is nothing “irrational or illegal or unconnected” if the law prescribes minimum educational qualification for candidates.

For more information, please visit :

http://www.thehindu.com/news/national/haryana-law-on-minimum-qualification-for-panchayat-polls-valid-says-supreme-court/article7969669.ece

CRIMINAL LAW

Those acquitted in criminal cases cannot join police force

In two separate cases, the Supreme Court and the Madras High Court have held that persons acquitted in criminal cases through settlement under law should not be allowed to join police forces.

For more information, please visit :

http://indianexpress.com/article/india/india-others/no-job-in-police-force-even-if-you-are-exonerated-in-criminal-case-sc/ http://www.thehindu.com/news/cities/Madurai/those-acquitted-in-criminal-cases-through-compromise-cannot-join-police-hc/article7982193.ece?css=print

Include acid attack victims on disability list

The bench of justices MY Eqbal and C Nagappan directed all the State and UT authorities to include the names of acid attack victims in the list of disabled people. The court held this in the matter of two girls from Bihar being the victim of acid attack when the state government failed to give adequate compensation for medical expenses and rehabilitation of the victims.

For more information, please visit :

http://www.ndtv.com/india-news/include-acid-attack-victims-in-disability-list-supreme-court-tells-states-1252204

PERSONAL LAWS

Hindu widow can be manager of joint family

The Supreme Court has held that a Hindu widow can be a manager of property of joint family in certain circumstances. However, the title of manager is not the same as “karta”, which a woman can never hold.

For more information, please visit :

http://www.newindianexpress.com/nation/Hindu-Widow-can-be-Manager-of-Joint-Family-Rules-SC/2015/12/18/article3183105.ece

MISCELLANEOUS

SC: Reserve Bank of India bound by RTI Act

The Supreme Court held that the Reserve Bank of India is supposed to uphold public interest and not that of individual banks and hence should provide information regarding private and public banks under the Right to Information Act.

For more information, please visit :

http://indianexpress.com/article/business/business-others/rbi-must-disclose-all-info-about-banks-under-rti-supreme-court/

Madras HC ruling on voluntary retirement

Madras High Court ruled that voluntary retirement application will be deemed to have been accepted if not decided in 3 months. This is applicable to all employees of universities which have adopted Fundamental Rules.

For more information, please visit :

http://www.thehindu.com/news/cities/Madurai/hc-ruling-on-voluntary-retirement/article7998911.ece

Madras HC: Anganwadi workers cannot raise industrial disputes

The Madras High Court held that since anganwadi workers are employed under the Integrated Child Development Services (ICDS), they cannot raise industrial disputes as ICDS is a social welfare department and not an industry.

For more information, please visit :

http://www.thehindu.com/news/cities/Madurai/anganwadi-workers-cannot-raise-industrial-disputes-hc/article7994863.ece

Legal Services Committee

Legal Service Committee
3rd Floor, Administrative Block,
Gujarat National Law University, Attalika Avenue,
Knowledge Corridor, Koba, Gandhinagar - 382007 (Gujarat), INDIA.