01 March, 2016

Legal News:1 March 2016

Supreme Court against decriminalising hate speech
A bench of Justices A R Dave and A K Goel questioned how could the penal provisions for hate speeches, which have been part of Indian Penal Code, be scrapped by declaring them unconstitutional. The court was hearing a plea filed by BJP's Subramanian Swamy challenging constitutional validity of Sections 153, 153A,153B, 295, 295A, 298 and 505 of IPC regarding hate speech.
The Supreme Court expressed reservations on decriminalising hate speeches and favoured retention of penal provisions to deal with offences of spreading hatred and animosity through any speech, gesture or conduct.
No mass gang rapes in Murthal: Haryana Government told in High Court
Just a day after a woman from Delhi had alleged that she was dragged out of a van and gang-raped near Murthal in Sonipat, the Haryana government told Punjab and Haryana high court  that no incident of sexual assault had taken place there.
Delhi High Court upholds Trai decision, said Telecom service providers must pay for call drops.
The Delhi HC upheld Centre's decision to compensate mobile users frustrated by frequent call drops.
A bench of Chief Justice G Rohini and Justice Jayant Nath said there is no illegality in Telecom Regulatory Authority of India's decision making it mandatory for cellular operators to compensate subscribers for call drops from January 1, 2016.
HC dismissed a batch of petitions filed by Cellular Op erators Association of India, a body of Unified Telecom Service Providers of India and 21 telecom operators, including Vodafone and Bharti Airtel .
It also clarified there was no stay on the notification of Trai since filing of the writ petition so the telecom regulator can ensure the telecom operators comply with its directions from the beginning of 2016. The bench said under “no circumstances“ the decision of Trai can be “termed as penalty”.
Supreme Court dismissed a plea seeking giving free hand to Army to control 'unruly mob' in Jat Agitation
Supreme Court on Monday said that 'it can't order the military to shoot at the crowd,' while dismissing a plea seeking giving free hand to Army to control "unruly mob" during the Jat agitation in Haryana.
A bench headed by Chief Justice of India T S Thakur said that Army was capable enough to deal with any situation and as and when the situation arises things will be taken care of.
The bench also comprising justices R Bhanumathi and U U Lalit said,
"You want us to issue direction to Army to shoot at the mob. We can't issue such directions. We can't allow the army to open fire at the mob. As and when the situation arises things will be taken care of. Army is capable enough to deal with any situation,"
The petitioner in his plea has sought direction for Haryana government to give complete free hand to the Army/Para Military forces to control the situation which includes inter alia to fire at the mob to bring the situation under control. He has also sought direction to local administration of Rohtak, Haryana to hand over the administration to Army and not to interrupt in any manner whatsoever in the Army's affair in dealing with the situation.

Justice AP Shah Ombudsman BCCI  has given clean chit to Media Manager Nishant Arora

The Indian  cricket team’s media manager, Nishant Arora, has received a clean chit from BCCI ombudsman Justice AP Shah over conflict of interest allegations levelled against him. Shah has also dismissed charges against Arora’s wife, who was alleged to be the director of a company having commercial interests with the Indian cricket board.
In his complaint filed on January 19, Niraj Gunde had charged Arora with conflict citing his previous association with national cricketers Harbhajan Singh and Yuvraj Singh ,presently with the Indian team for the Asia Cup in Bangladesh as their ‘agent’. But the ombudsman has found that the charges against the media manager “cannot be an issue of consideration”.
Karisma Kapoor has filed a dowry harassment case against here estranged husband, Sunjay Kapoor and mother-in-law
Bollywood actress Karisma Kapoor has filed a dowry harassment case against her estranged husband, Sunjay Kapur, and mother-in-law here.
Kapoor has been separated from Kapur for over five years and is fighting a legal battle for divorce and custody of their two children, Samaira and Kiaan.      
Based on the statement of the Bollywood star, Khar Police registered an FIR Feb. 26 under IPC section 498-A (a husband or relative of the husband subjecting her to cruelty, section 34, common intention).    
The couple had initially filed for divorce on the grounds of mutual consent. But Kapoor withdrew her consent from the petition in November last year, claiming that Kapur was unable to meet the financial commitment.      
They then filed a fresh divorce application. The case is currently pending in Bandra family court.

Union Finance Minister Sh. Arun Jaitley proposal to formulate a central legislation to curb Ponzi Menance
Union finance minister Arun Jaitley's budget proposal to formulate a central legislation to curb the Ponzi menace raised the hopes of investors duped by illegal chit fund companies in the state.
Though the state government formulated the Odisha Protection of Interests of Depositors (in financial establishments) Act 2011, not a single investor has benefitted from the law.
In the recent past, there have been rising instances of people in various parts of the country being cheated of their money by illicit deposit schemes. That’s why he proposed to to bring in comprehensive central legislation in 2016-17 to deal with the menace of such schemes.
In Odisha, around 174 money circulation firms allegedly cheated over 6 lakh investors of around Rs 4,375 crore till 2012. While the CBI is currently probing frauds by 44 companies, the state Crime Branch and police in different districts have been investigating cheating cases against the remaining companies.

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