Important Legal News | 5th October

Kerala High Court Rules Transfer Beyond Society’s Territory Grounds for Membership Revocation

In a recent ruling, the Kerala High Court determined that individuals who relocate beyond their co-operative society’s operational area due to a transfer or change in residence can lose their membership eligibility. This decision was based on Rule 16 of the Co-operative Societies Rules and Clause 11 of the bye-laws. Although the bye-laws did not explicitly mention transfer as a basis for ceasing membership, the Court held that such transfers impact one’s eligibility.

The case involved a petitioner challenging his removal from the co-operative society due to his relocation to Kochi. The Court upheld the removal, emphasizing that a loss of eligibility also results in membership ineligibility. This judgment reinforces the significance of meeting membership criteria under the bye-laws and Rules.

Calcutta HC Invokes Writ Jurisdiction to Appoint Son as Guardian of Comatose Father, Addressing Legal Gap while Upholding Right to Life

In a significant ruling, the Calcutta High Court appointed Vishal Osatwal as the guardian of his comatose father, Rajesh Kr Osatwal, emphasizing the need to protect the patient’s right to life. The case revealed a legislative gap as there is no specific statute in India addressing the appointment of guardians for comatose individuals. Despite this, the court invoked Article 21 of the Constitution, recognizing the right to life with dignity and the importance of channeling resources for the patient’s well-being.

The petitioner’s father had been in a coma since 2016, and the family struggled to cover his extensive medical expenses. All legal heirs consented to the petitioner’s plea, and a medical board affirmed the patient’s incapacity. The court upheld the appointment of the petitioner as the guardian, urging legislatures to address this legal void promptly.

Jammu & Kashmir High Court Affirms Ineligibility of Degrees from Unrecognized Institutes for Government Jobs

The Jammu & Kashmir High Court has reiterated that degrees issued by private universities through study centers or off-campus centers lacking prior approval from the UGC (University Grants Commission) are invalid and cannot be used to secure government employment. Justice Sanjay Dhar emphasized the importance of recognized institutes and upheld the selection of individuals with diplomas from recognized institutions for government positions.

The case involved a petitioner challenging the selection of Data Entry Operators who had obtained diplomas from unrecognized institutes. The court found that the petitioner’s diploma did not meet the necessary standards and dismissed the petition, stressing the significance of recognized degrees for government job eligibility.

Supreme Court Objects to Resolution Professional Filing Appeal, Emphasizes Neutrality

The Supreme Court recently expressed its objection to a Resolution Professional (RP) filing appeals against a National Company Law Appellate Tribunal (NCLAT) order, stating that the RP should maintain neutrality. In its order dated September 25, the Court emphasized that any appeals should have been filed by aggrieved parties, such as the corporate debtor or the committee of creditors (CoC).

The Court clarified that the RP should take a neutral stance and that aggrieved parties should initiate appropriate proceedings or file appeals. Consequently, the Supreme Court declined to entertain the appeals filed by the RP in the case. The matter involved a ₹1306.40 crore claim by the CoC of Regen Powertech Pvt Ltd, with appeals related to the consolidation of Corporate Insolvency Resolution Processes (CIRPs) and resolution plans.

Allahabad High Court Rules Saptapadi Essential for Valid Hindu Marriage, Quashes Bigamy Case

The Allahabad High Court recently determined that the ‘Saptapadi’ ceremony, involving the bride and groom taking seven steps around the sacred fire, is an essential requirement for a valid Hindu marriage under the Hindu Marriage Act, 1955. The ruling came in a case where a woman faced bigamy charges under Section 494 of the Indian Penal Code.

The court emphasized that without concrete evidence of the ‘Saptapadi’ ceremony, it is difficult to establish a valid marriage, and mere presumptions are insufficient. In this case, the court found no proof of the necessary ceremonies for the second marriage and quashed the proceedings against the woman, deeming them a malicious prosecution.

Supreme Court Questions Lack of Evidence of Bribery in Manish Sisodia’s Case

The Supreme Court has questioned the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) about the absence of evidence of bribery in the Delhi Excise policy scam involving former Delhi Deputy Chief Minister Manish Sisodia. The Court emphasized that the presence of lobby or pressure groups calling for policy changes does not necessarily imply corruption unless bribery is involved.

It also raised concerns about connecting the alleged money laundering proceeds with Sisodia. Sisodia’s counsel expressed concerns about media reports affecting the case. The case involves allegations of tweaking excise policy to benefit certain liquor sellers.

SC Reserves Verdict on Reconsideration of 1998 Judgment Granting Immunity to Lawmakers from Prosecution

A seven-judge bench of the Supreme Court has reserved its verdict on the reconsideration of a 1998 judgment that granted Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) immunity from prosecution for taking bribes to make speeches or vote in the legislature.

The larger bench is revisiting the judgment 25 years after the JMM bribery scandal. The Solicitor General argued that bribery offenses are complete when a bribe is given and accepted, and they can be tackled under the Prevention of Corruption Act. The court will determine whether immunity applies even when criminality is attached to lawmakers’ actions.