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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@LauraJedeed for the record nick lee @econbrkfst started bullying when a close friend was diagnosed with coronavirus. in respect of the tragic circumstances, i asked to be left alone. instead, econbrkfst bullied me mercilessly. my friend has died.

i don't think its reasonable to bully people, endanger them, violate their privacy, ridicule them, etc, as they process the death of their friends. if you knew the circumstances---which i tried to keep private---you would know why i feel injured by econbrkfst's harassment of me.

thank you for respecting my grieving at this time. i ask you to step back and not jump into any witch trial mob initiated by nick lee at @econbrkfst against me, or especially, black women. @twittersupport @twittersafety
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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.
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TATA Sons v Cyrus Mistry

Supreme Court bench led by Chief Justice of India assembles to hear the appeals filed by Tata Sons Pvt Ltd against the NCLAT direction to reinstate Cyrus Mistry as Company Chairman.


Senior Advocate Harish Salve starts submissions for Tata Sons.

@RNTata2000 @TataCompanies

Salve : This(Chairmanship) is not a post as understood in service law. In Company Law, this is designation.

#TatasCyrusMistryDispute

Salve : Tata Sons Ltd is a company of considerable vintage. It was created in 1917.

CJI : Was it a public limited company?

Salve : Never. It has always been a private company.

#TataSons
#CyrusMistry

Salve : The curious thing which has happened in the case is that there is a provision in Tata Son's Articles which restricts the transfer of shares. It also has a remarkable feature that the Board could direct a shareholder to sell shares.

#TataSons
#CyrusMistry
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Bar & Bench
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#BombayHighCourt is hearing the default bail application filed by Gautam Navlakha, accused in the #BhimaKoregaon case.

Bench of Justices SS Shinde and MS Karnik are hearing the plea.


Senior Advocate Kapil Sibal submits that this is a simple matter of bail to be decided on facts.

He claims that Navlakha was in custody for more than 90 days. He was under house arrest for some time before being taken into judicial custody.

Sibal submitted that Navlakha had surrendered on April 14 and spent 93 days in custody. He spent 34 days in custody before remand order of Magistrate.

Sibal points out that the nature of custody may have changed but it was arrest nonetheless and for this reason, he should be granted bail.

Additional Solicitor General SV Raju appearing for the NIA begins his submission.

He points out that the police had only arrested him and had not taken custody.
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Live Law
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Bombay High Court hearing the bail application of Gautam Navlakha in Bhima Koregaon case.

Senior Advocate Kapil Sibal @KapilSibal appearing.

Sibal narrating the case background since August 2018.


Sibal mentions that the Delhi High Court had initially stayed the transit remand of Gautam Navlakha from Delhi to Mumbai and he continued to be house arrest.

#GautamNavlakha
#BhimaKoregaon

Sibal : On October 1, 2018, the Delhi High Court quashed the arrest and remand of Navlakha. By that time, he had spend 34 days in custody under house

Sibal : On April 14 this year, Navlakha surrendered in Delhi before NIA after his bail applications were dismissed by Bombay High Court and the Supreme Court.

@KapilSibal

#BhimaKoregaon #BombayHighCourt

Sibal : He has cumulatively spend 93 days in custody. The application for extension of time was filed on June 29, which is the 110th day.
#BhimaKoregaon #BombayHighCourt
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Further Examination of the Motif near PRRA Reveals Close Structural Similarity to the SEB Superantigen as well as Sequence Similarities to Neurotoxins and a Viral SAg.

The insertion PRRA together with 7 sequentially preceding residues & succeeding R685 (conserved in β-CoVs) form a motif, Y674QTQTNSPRRAR685, homologous to those of neurotoxins from Ophiophagus (cobra) and Bungarus genera, as well as neurotoxin-like regions from three RABV strains

(20) (Fig. 2D). We further noticed that the same segment bears close similarity to the HIV-1 glycoprotein gp120 SAg motif F164 to V174.
https://t.co/EwwJOSa8RK


In (B), the segment S680PPRAR685 including the PRRA insert and highly conserved cleavage site *R685* is shown in van der Waals representation (black labels) and nearby CDR residues of the TCRVβ domain are labeled in blue/white
https://t.co/BsY8BAIzDa


Sequence Identity %
https://t.co/BsY8BAIzDa
Y674 - QTQTNSPRRA - R685
Similar to neurotoxins from Ophiophagus (cobra) & Bungarus genera & neurotoxin-like regions from three RABV strains
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#ஆதித்தியஹ்ருதயம் ஸ்தோத்திரம்
இது சூரிய குலத்தில் உதித்த இராமபிரானுக்கு தமிழ் முனிவர் அகத்தியர் உபதேசித்ததாக வால்மீகி இராமாயணத்தில் வருகிறது. ஆதித்ய ஹ்ருதயத்தைத் தினமும் ஓதினால் பெரும் பயன் பெறலாம் என மகான்களும் ஞானிகளும் காலம் காலமாகக் கூறி வருகின்றனர். ராம-ராவண யுத்தத்தை


தேவர்களுடன் சேர்ந்து பார்க்க வந்திருந்த அகத்தியர், அப்போது போரினால் களைத்து, கவலையுடன் காணப்பட்ட ராமபிரானை அணுகி, மனிதர்களிலேயே சிறந்தவனான ராமா போரில் எந்த மந்திரத்தைப் பாராயணம் செய்தால் எல்லா பகைவர்களையும் வெல்ல முடியுமோ அந்த ரகசிய மந்திரத்தை, வேதத்தில் சொல்லப்பட்டுள்ளதை உனக்கு

நான் உபதேசிக்கிறேன், கேள் என்று கூறி உபதேசித்தார். முதல் இரு சுலோகங்கள் சூழ்நிலையை விவரிக்கின்றன. மூன்றாவது சுலோகம் அகத்தியர் இராமபிரானை விளித்துக் கூறுவதாக அமைந்திருக்கிறது. நான்காவது சுலோகம் முதல் முப்பதாம் சுலோகம் வரை ஆதித்ய ஹ்ருதயம் என்னும் நூல். முப்பத்தி ஒன்றாம் சுலோகம்

இந்தத் துதியால் மகிழ்ந்த சூரியன் இராமனை வாழ்த்துவதைக் கூறுவதாக அமைந்திருக்கிறது.
ஐந்தாவது ஸ்லோகம்:
ஸர்வ மங்கள் மாங்கல்யம் ஸர்வ பாப ப்ரநாசனம்
சிந்தா சோக ப்ரசமனம் ஆயுர் வர்த்தனம் உத்தமம்
பொருள்: இந்த அதித்ய ஹ்ருதயம் என்ற துதி மங்களங்களில் சிறந்தது, பாவங்களையும் கவலைகளையும்


குழப்பங்களையும் நீக்குவது, வாழ்நாளை நீட்டிப்பது, மிகவும் சிறந்தது. இதயத்தில் வசிக்கும் பகவானுடைய அனுக்ரகத்தை அளிப்பதாகும்.
முழு ஸ்லோக லிங்க் பொருளுடன் இங்கே உள்ளது https://t.co/Q3qm1TfPmk
சூரியன் உலக இயக்கத்திற்கு மிக முக்கியமானவர். சூரிய சக்தியால்தான் ஜீவராசிகள், பயிர்கள்
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