BC COURT
Saved by @Alex1Powell

Today is the last working day of the Supreme Court for the year 2020.
 
In a year of many unprecedented events, the Supreme Court has laid down many precedents, in more than one sense of the term. 

My list of the notables, but not necessarily in order of notability, is here👇

 1. In re. problems and miseries of migrant workers: A petition seeking help for migrant workers affected by the COVID lockdown had been disposed off. Then the Court suo moto took up the miseries of workers and sought to oversee the facilities for the migrant workers.
2. Government passed orders directing employers to not stop paying wages to workers. Employers challenged this In Ficus pax v. Union of India. Supreme Court directed employers to negotiate with employees.
3. In a decision having bearing upon its own administration, in Chief Information Commissioner v. HC of Gujarat and Anr. the court held that where HC rules provide for a procedure to obtain certified copies, same cannot be obtained by RTI.
4. The 2013 Land Acquisition Act resulted in lapse of some acquisition proceedings under the old 1894 Act. 5 judges in Indore Development Authority v. Manoharlal clarified that proceedings will not lapse either compensation has been paid or physical possession has been taken.
5. Happenings in the Manipur Legislative Assembly came under the scanner of the Supreme Court in Keisham Meghachandra Singh v. Speaker. It was held that  disqualification petition under 10th schedule for party hopping has to be decided within a period of 3 months.
6.  Women officers serving in the army are now also to be considered for permanent commissions. The case that made it possible is Secretary, Ministry of Defence v. Babita Punia. Incidentally Ms. Babita Punia is now a District Judge in Delhi.
7. Alembic Pharmaceuticals v. Rohit Prajapati and Ors.: Environmental Clearance cannot be given ex post facto., i.e., Industry set up before getting environmental clearance cannot later be certified.
8. In Union of India v. R. Thiyagarajan the Court held that the Writ of a High Court does not run beyond its territorial jurisdiction. I had some other thoughts on it https://t.co/pJUJiIcMAE.
9. Banking is controlled by the Union Government. Cooperatives are controlled by the State Government. What about Cooperative Banks? Will they be be under a Central legislation like SAFAESI? Constitution Bench in Pandurang Ganpati Chaugule v. Vishwasrao Patil Ltd. said yes.
10. Electronic evidence have to be supported by an Affidavit under Section 65B of the Evidence Act. But the Court in Arjun Panditrao Khotkar said that's not necessary if the original electronic device is also produced.
11. If a public authority is under a legal duty to do a thing, High Court u/a 226 is bound to issue mandamus to compel the authority to do that thing - Hari Krishna Mandir Trust v. State of Maharashtra.
12. A Constitution Bench in Chebrolu Leela Prasad Rao v. State of A.P. said that 100% reservation is not permitted even in areas covered under the Fifth Schedule.
13. In 2005, the Hindu Succession Act was amended to give equal coparcenary rights to women. In Vineeta Sharma v. Rakesh Sharma, the court held that the amendment confers benefits retroactively.
14. A case that was in the headlines was the contempt petition against Prashant Bhushan who was held guilty of contempt and fined Re. 1. (there would have been 3 months imprisonment + 3 year bar on practice if he failed to pay)
15. Court in E.V. Chinnaiah (2004) had held that there can't be sub-quota within SC reservation. A Constitution Bench in State of Punjab v. Davinder Singh and Ors. disagreed and referred to larger bench.
16. Can investigating officer be complainant in NDPS case? Constitution Bench in Mukesh Singh v. State said it depends on facts and circumstances. Only if the investigation was tainted by fact of investigating officer being the informant, the accused is entitled to acquittal.
17. Tamil Nadu Medical Officers Association v. Union of India (CB):- Medical Council of India does not have power to reserve seats for in service candidates in PG Courses. But States can make such reservation & ask beneficiaries to serve in rural, hilly & tribal areas for 5 years
18. This issue is hot again. A writ petition was filed seeking clearance of road during Shaheen Bagh protests. In Amit Sahni's case, Court held that protests cant obstruct a public way, but also said that government should have negotiated and found a solution.
19. Satish Chander Ahuja v. Sneha Ahuja: Under Domestic Violence Act, a woman can claim right of residence in a house owned by relatives as well. However, it has to be a living which has some permanency.
20. The case of Arnab Manoranjan Goswami is, let's say, pathbreaking. Role of the Courts in protecting liberty was reaffirmed. And factors to be considered when granting bail under Article 226 were enumerated.
21. In the continued fight against tribunalization by my brothers and sisters of the Madras Bar Association the Court directed the setting up of a National Tribunals Commission and also Upheld the Tribunal Appointment Rules 2020 with some modifications.
22. Homebuyers have been a harried lot these last few years. Supreme Court in Imperia Structures v. Anil Patni said they can choose between Real Estate Regulatory Authority and Consumer Courts for their remedy.
23. In Hitesh Verma v. UK, the court held that a dispute between a Scheduled Caste person and an upper caste person will not by itself amount to offence under SCST POA unless the offence is on account of the victim belonging to a scheduled caste.
24. A landlord tenant dispute can be resolved by arbitration unless covered by special legislations such as the Rent Control Acts. The Case - Vidya Drolia
25. The validity of CBI is a question that remains pending before the Supreme Court. This hasn't stopped the Court from transferring cases to CBI as seen in Dr. Naresh Kumar Mangla, which also laid down when they can transfer to CBI.
This wasn't the only case in which investigation got transferred to CBI of course. That also happened in

26. Rhea Chakraborty v. State of Bihar. Also notable because it was a single judge hearing a transfer petition.
For a recap of last year you can see https://t.co/f31gAFsqa2
And the list for 2018 is at https://t.co/DqMar4FZpi
First time I did one of these threads was in 2017. That's here https://t.co/7K9IrwIJG7

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The Secret Barrister
The Secret Barrister
@BarristerSecret
Some initial observations about this case, and in particular what the Court of Appeal made of the Attorney General’s application to refer these sentences as “unduly lenient”.

Spoiler: it makes uncomfortable reading for the Attorney General.


First, by way of background. I was one of several commentators astonished that the Attorney General, who has no known experience of practising criminal law, decided to personally present this serious case at the Court of Appeal.

It appeared an overtly political decision.


Comments leaked to the press confirmed this was a political decision, to capitalise on a tragic case in the headlines.

A “friend” of the Attorney General told the Express that she was pursuing the case *against* legal advice. She also took a preemptive pop at the judges.


On the day of the hearing, it appeared from selected reports that the AG was out of her depth. She appeared to be making political submissions to the Court of Appeal that have no place in a case of this type.


The Court of Appeal judgment helps understand what happened.

The AG played a limited role. She “rehearsed some of the facts and said that the sentences had caused widespread public concern”

Her contribution was seemingly not considered by the Court to be legal submissions. Oof.
COURT
Bar & Bench
Bar & Bench
@barandbench
#BombayHighCourt begins hearing the plea filed by Arnab Goswami challenging his illegal arrest and detention by the Raigad Police in the first week of November 2020.

Bench of Justice SS Shinde and MS Karnik are hearing the matter.


Senior Advocate Aabad Ponda apprises the court of the development in the case after the passing of the Supreme Court judgment of November

Ponda submits that the chargesheet was hastily filed after the Supreme Court order so that the present plea will become infructuous.

Ponda: Justice Chandrachud’s judgment is my best argument.

Ponda submits that Supreme Court observed in the order offence under Section 306 of IPC was not prima facie attracted.

Court: But that also means that the case is still open.

The observations of the SC are prima facie.

Justice Shinde asks Ponda to read the relevant portion of the order where the Supreme Court discussed on the facts of the case.

Ponda begins reading paragraph 66 of the judgment.
COURT
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Fizzy\U0001f347Purp
Fizzy🍇Purp
@Fizzy_Purp
Incelmute roflmfao


Hi


Awesome holocaust denial joke you got there, incelmute.

https://t.co/gT9TCpmbiC


I'm starting to think incelmute may have an antisemitism problem.


Somebody tell frosty
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Bar & Bench
Bar & Bench
@barandbench
CJI SA bobde led bench hears a plea seeking removal of anomalies in grounds of maintenance, alimony & divorce and to make them uniform for all citizens without discrimination on the basis of religion, race, cast, sex or place of birth
#SupremeCourt
@AshwiniBJP


Hearing begins

Senior Adv Pinky Anand appears for petitioner

CJI: you are appearing for the petitioner

Anand: yes (laughs)

CJI: You want personal laws to be abolished. You are not saying it but thats what will he done.

Anand: in Sarlat Mudgal case, govt had to take steps for the Uniform Civil Code

CJI: how can we encroach on personal laws like this?

CJI: How can we remove discriminatory practices without interfering in personal laws

Senior Adv Pinky Anand: In Shayara Bano you did it. Under Article 146 you had said directions given will exist till law was brought in. You have intervened in the past
COURT
Maxine Bernstein
Maxine Bernstein
@maxoregonian
2 nights ago, Portland Police Association lawyer's office vandalized with graffiti & broken windows. Last night -eve of resumption of police contract talks, people showed up outside PPA lawyer Anil Karia's home, harassing him and his family, he said. (office pix below:) (1/2)


PPA Anil Karia , speaking of harassment at his home last night, called it an "effort to intimidate me, my family and my kids. I found that personally reprehensible, and if you sense a touch of anger in my voice, that's what you're getting." (2/2)

People went onto porch of Karia's home, were banging on windows of Karia's home, tore off exterior camera at house around 11:30 p.m last night, union reps say.
COURT

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Observing the public conversation around FB, and the private ones happening among techies and ex-FBers, I think the mutual misunderstanding is worse than when I set out two years (and 500 pages) ago to (in a small way) bridge that gulf.

We're basically fucked.

The tech world has gotten so huge, self-reinforcing, and insulated from reality they can no longer even vaguely look at themselves (and their actions) as others do. They just live on a different planet than most people.

Conversely, the average tech consumer doesn't understand the technology that has slowly taken over their lives, and their designated emissaries to figure it out--politicians, pundits, regulators, journalists--understand it barely better than they do, and have their own agendas.

To say more than generalities for a moment, here's what I think is likely the core problem.

Techies take weird, improbable visions, and make them realities: some BS pitch deck to a VC, mixed with money and people, really does turn into some novel thing.

Most people work inside a legacy industry that's evolved that way over time (usually for good reasons), and they think about the future via some analogy with their present (which is a function of a long-ago past). The interruption that tech will introduce is often hard to grasp.
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katya adler
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Again, at such a key moment in UK and at such high political levels, evidence of deep misunderstanding of EU: The PM is under pressure in some quarters to delay #Brexit vote to allow her first to “improve” deal in Brussels BUT EU is determined not to budge at this stage

2) All EU leaders watching tomorrow’s vote. Of course they want to avoid a no deal #Brexit BUT they feel the deal - so painfully negotiated between EU and UK - is too fresh to re-open. Clarifications, yes but fundamental renegotiations, no.

3) The EU’s international reputation as a tough deal-maker is at stake here too. If Brussels now suddenly “gives in” to U.K. on EU red lines (eg backstop) then that would weaken the EU’s reputation in future trade negotiations with other non EU countries

4) Also on backstop the EU is unlikely to cave in to favour a relationship with a leaving member state (UK) against the explicit wishes and ignoring the deep concerns of a continuing member: Ireland.

5) Both the EU and the PM signed up to a guarantee to protect the border between Northern Ireland and the Republic of Ireland. If either the U.K. or EU can leave the backstop unilaterally then this clearly is no longer a guarantee.
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Stephen Bush
Stephen Bush
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Some quick thoughts on Sam Gyimah's resignation after conversations with various Conservative MPs: 1) the chances of a second referendum are a lot higher than I thought:

2) At this point, if you are a young and ambitious Tory MP it is now so overwhelmingly in your interest to vote against the withdrawal agreement. V v hard to see how Julian Smith can cap rebellion at under 100:

3) Really just to reiterate 1) Gyimah is the kind of "No, never gonna rebel" vaguely pro-EU Tory you'd need to get on side to outweigh Labour Leavers and Real Concerners.
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Nikita Poojary
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One of the most successful stock trader with special focus on cash stocks and who has a very creative mind to look out for opportunities in dark times

Covering one of the most unique set ups: Extended moves & Reversal plays

Time for a 🧵 to learn the above from @iManasArora

What qualifies for an extended move?

30-40% move in just 5-6 days is one example of extended move

How Manas used this info to book


Post that the plight of the


Example 2: Booking profits when the stock is extended from 10WMA

10WMA =


Another hack to identify extended move in a stock:

Too many green days!

Read
SCREENERS , A SCREENER
foone
foone
@Foone
I got a Toshiba T1200, which has a bad screen, and a dead CMOS battery, and I thought the hard drive was broken too...


but I rebooted it and heard a KTHUNK and a really loud spin-up noise and holy shit, the hard drive works!


and it still has files on it. the newest date is January 1994.


It's a 21mb hard drive, with ~37k of bad sectors.

This fucker is never going to spin up again, so I better go find some serial cables and copy shit off now.


The backlight is fucked so I'm shining a flashlight on it.
without it, it looks like this.
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