11th Episode of SCC Online Weekly Rewind featuring Nilufer Bhateja, Associate Editor bringing you the most important and interesting stories from the field of law is out now! Check out the link below.
SUPREME COURT
IBC provisions on insolvency of personal guarantors valid
In an important verdict, the Supreme Court has upheld the legality of the notification dated 15.11.2019 and has held that approval of a resolution plan does not ipso facto discharge a personal guarantor to a corporate debtor of her or his liabilities under the contract of guarantee.
The Court said that the Parliamentary intent was to treat personal guarantors differently from other categories of individuals and hence, the impugned Notification does not amount to impermissible and selective application of provisions of the Insolvency and Bankruptcy Code.
Read more: https://bit.ly/3fIxdwC
HIGH COURTS
Allahabad High Court
Court observes state’s health system is “Ram Bharose”, gives suggestions to improve vaccination rate and health infrastructure
An order was given on 11th May by the Court which had directed that the Pandemic Public Grievance Committee should be formed in each district, the Court noted that the government had filed an affidavit stating they had passed directions to form a committee in each district on 13th May, 2021. The Court gave various suggestions to the state to improve the vaccination rate and its health infrastructure.
Commenting on an instance where a patient who had fainted in the washroom of a Medical College, Meerut, fainted and died and his body was disposed of by the hospital as an unidentified body, the Court came down heavily on the state and observed that if this is the state of affairs of treatment at medical College in the city like Meerut then the entire medical system of the State pertaining to the smaller cities and villages can only be taken to be like a famous Hindi saying ‘Ram Bharose’
Bombay High Court
“How such drug in such short supply, is available to Politicians and Actors for distribution to public at large?”HC pulls up state over inadequate crisis management
The Bombay High Court have expressed its displeasure on casual attitude of the authorities in complying with the Court’s orders and criticized the strategy adopted by the State government for allocation of Remdesivir drug to the hospitals. The Court said that
“The allotment of Remdesivir appears to have been made on the basis of ‘functional bed capacity’ of each of the hospitals. Whether such allocation would cater to the actual need of the patients has not been explained to us.”
Chhattisgarh High Court
Judicial separation in place of divorce not to be granted mechanically in applications for divorce by mutual consent; Serious dispute not pre-requisite for seeking mutual consent
Holding that there not be a serious dispute between a married couple for seeking a divorce by mutual consent., the Chhattisgarh High Court has held that a couple may seek divorce by mutual consent even in absence of any quarrel or dispute and in such a case it is not for the court to search for a ground or a reason, which has compelled the parties to seek divorce by mutual consent.
Read more: https://www.scconline.com/blog/post/2021/05/14/judicial-separation/
Delhi High Court
‘Permanency’ as an element of ‘Shared Household’ concept under Domestic Violence Act: Can old-aged parents-in-law be restrained from selling their house in light of shared household consequences? Read Court’s proposition
In an interesting case on domestic violence, the Delhi High Court has held that short durational visits or stay of daughter-in-law at the house of the parents-in- law would not get the house a colour of being a shared house hold.
Read more https://www.scconline.com/blog/post/2021/05/18/shared-household/
Gauhati High Court
“Prima facie her personal views”; HC grants bail to the writer charged with sedition for her facebook post on maoist attack in Chhattisgarh
The bail has been granted by Gauhati High Court to the renowned Assamese writer, Sikha Sarma in connection with sedition case lodged against her for posting controversial facebook post regarding death of 22 CrPF jawans in an anti-naxal operation.
Kerala High Court
Court allows Malayali couple stuck in Israel to register their marriage in Kerala via video conferencing
In a very interesting case, The Court directed the Local Registrar to register the marriage of couple living in Israel through virtual mode. The couple got married in 2020 and both of them were working in Israel. Due to COVID-19 pandemic, the couple was unable to travel back to India and get their marriage registered before the Local Registrar.
Madras High Court
25 long years of separation, but no decree of divorce granted – Why? Read whether HC dissolves the marriage or not
In a case where a married couple was living separately for 25 years, the Madras High Court has held that not granting a decree of divorce would be disastrous for the parties.
Stating that a human problem can be properly resolved by adopting a human approach, the Court said that preservation of a ruined marriage was totally unworkable.
Read more: https://www.scconline.com/blog/post/2021/05/21/decree-of-divorce/
Orissa High Court
Children in Conflict with Law: JJ Act distinguishes between children below and above 16 years of age with regard to enquiry but not for the purpose of bail
Deciding on the rights of the Children in Conflict with Law, the Orissa High Court has held that while the Juvenile Justice Act distinguishes between children below and above 16 years of age with regard to enquiry, it does not do so for the purpose of bail. The Court held that the bail of both categories of CICLs is to be considered as per the mandate of Section 12 of the Act.
Read more:
Punjab and Haryana High Court
After two back to back orders refusing to grant protection to two live-in couples, calling live-in-relationships morally unacceptable, the Punjab and Haryana High Court granted protection to a live-in couple who were under threat of physical harm by their own family.
The Court said that Live-in- relationships are neither prohibited nor amount to commission of any offence and that live-in couples are entitled to equal protection of laws as any other citizen of the country. Read more:
- https://www.scconline.com/blog/post/2021/05/21/ph-hc-after-two-orders-calling-live-in-relationships-unacceptable-hc-holds-live-in-couples-are-entitled-to-equal-protection-of-laws-as-any-other-citizen/
- https://www.scconline.com/blog/post/2021/05/20/p-hc-yet-again-refuses-to-grant-protection-to-a-live-in-couple/
- https://www.scconline.com/blog/post/2021/05/18/p-hc-refuses-to-pass-protection-order-to-a-live-in-couple/
LEGISLATION UPDATES
Delhi Government directs principal employers to mandatorily register their Inter-State Migrant workers with Labour Department
Government of National Capital Territory of Delhi directed the principal employers employing or (have employed during the last 12 months) the workers through outsourcing to mandatorily register with the labour department through e-district portal of government of NCT Delhi.
Consumer Protection (E-Commerce) (Amendment) Rules, 2021 comes into force
The Ministry of Consumer Affairs, Food and Public Distribution has notified Consumer Protection (E-Commerce) (Amendment) Rules, 2021 on May 17, 2021 to amend the Consumer Protection (E-Commerce) Rules, 2020.
The amendment makes it mandatory for the e-commerce entity to appoint a nodal officer or an alternative senior designated person to ensure compliance under the Act or Rules.
COVID UPDATES
Government extends certain timelines in light of severe pandemic
The Central Government, in continuation of its commitment to address the hardship being faced by various stakeholders on account of the severe Covid-19 pandemic, has, on consideration of representations received from various stakeholders,decided to extend timelines for compliances under the Income-tax Act,1961
- due date of furnishing of Return of Income for the Assessment Year 2021-22, which is 31st July, 2021 under sub-section (1) of section 139 of the Act, has been extended to 30th September, 2021;
- due date of furnishing of Report of Audit under any provision of the Act for the Previous Year 2020-21, which is 30th September, 2021, is extended to 31st October, 2021;
- due date of furnishing of Return of Income for the Assessment Year 2021-22, which is 31st October, 2021 under sub-section (1) of section 139 of the Act, is extended to 30th November, 2021;
Read more: https://www.scconline.com/blog/post/2021/05/20/government-extends-certain-timelines-in-light-of-severe-pandemic/
New Recommendations of National Expert Group on Vaccine Administration for COVID-19 (NEGVAC) accepted by Union Ministry of Health
The National Expert Group on Vaccine Administration for COVID-19 (NEGVAC) has issued fresh recommendations regarding COVID-19 vaccination with the Union Ministry of Health and Family Welfare.
- Individuals having lab test proven COVID-19 illness their vaccination is to be deferred by 3 months after recovery.
- COVID-19 patients who have been given anti-SARS-2 monoclonal antibodies or convalescent plasma: in their case the COVID-19 vaccination is to be deferred by 3 months from the date of discharge from the hospital.
- Individuals who have received at least the 1st dose and got COVID-19 infection before completion of the dosing schedule: in their case the 2nd dose should be deferred by 3 months after clinical recovery from COVID-19 illness.
- Persons with any other serious general illness requiring hospitalization or ICU care should also wait for 4-8 weeks before getting the COVID-19 vaccine.
