Lex Lata

14/08/2024

13/08/2024

the Calcutta High Court has transferred the investigation of the brutal r**e and murder of a 2nd year PG medical student at Kolkata's RG Kar Hospital, to the CBI. The Division Bench said
"The parents of the victim have an apprehension that if the investigation is allowed to continue in this manner, it will derail. Therefore they pray for extraordinary relief. One more disturbing aspect is that a case of unnatural death was registered. It is submitted that such cases are registered when there is no complaint. When the deceased was a doctor in the same hospital, it is surprising why the principal did not lodge a complaint. There has been no significant progress in the investigation. The administration was not with the victim or her family. The principal has not even given a statement. Without significant progress in the investigation, we would be well justified in accepting the prayers by the victim's parents that evidence would be destroyed. Therefore we transfer the investigation to the CBI to do justice between parties and to inspire public confidence."
[ WPA(P) 331 of 2024]

19/07/2024

While hearing three PILs filed by DMK organising secretary RS Bharathi where they challenged the constitutional validity of the BNS, BNSS and BSA, a division bench headed by Justice SS Sundar orally remarked "Why did you want to change everything? Was it to confuse the people? You could have made small amendments"
The Madras High Court wondered what prompted the Central government to repeal the criminal laws of IPC, CrPC and the Evidence Act when any proposed changes could have been incorporated by way of amendments to those Acts.
The court asked the Centre to file a counter within 4 weeks.

[RS Bharathi v Union of India and Another]

21/06/2024

The Calcutta High Court has directed the West Bengal Government to ensure 1% reservation for all transgender persons in public employment in the State, in accordance with the Supreme Court's NALSA guidelines.

20/06/2024

To uphold transparency & sanctity of the UGC-NET Exam process, The Ministry of Education cancelled the exam of UGC-NET, June, 2024, after receiving inputs from National Cyber Crime Threat Analytics Unit of Indian Cyber Crime Coordination Centre under Ministry of Home Affairs

11/06/2024

The Supreme Court dismissed the petitions, alleging discrepancies and seeking disclosure of answer keys and answer sheets of the NEET-PG EXAM, 2022.
The court observed that "These petitions are rendered infructuous due to the passage of time. In case the petitioners still have a grievance with respect to the NEET examination of Undergraduate or Post-Graduate held in the year 2024, they may assail it on admissible grounds. These petitions are accordingly dismissed."
[Pritish Kumar v NBE]

10/06/2024

The Supreme Court extended the time to shift Aam Aadmi Party national head office from the premises in Rouse Avenue in New Delhi, which has been earmarked for the expansion of Delhi judiciary, till August 10, 2024.
The court observed that "The premises in question is already allotted to the Delhi High Court in the year 2020 and because of the continuance of the applicant's possession, the expansion of the Delhi High Court is not only stultified but also the cost estimation is rising every year..,"
[Malik Mazhar Sultan v. UP Public Service Commission]

15/05/2024

The Allahabad High Court held that bride & groom shall maintaining a list of gifts received by the bride or bridegroom at the time of marriage prescribed under Section 3(2) of the Dowry Prohibition Act, 1961. It is important to prevent false allegations of dowry at the time of subsequent disputes.

Court held that “The maintenance of the list is also important so that both the parties to the marriage and their family members may not level false allegation of taking dowry or giving dowry in a marriage subsequently. The arrangement made by the Dowry Prohibition Act may also assist in subsequent litigation between the parties to arrive at a conclusion whether the allegations with regard to the taking or giving of dowry is covered by the exception carved out under section 3(2) of the Dowry Prohibition Act, 1961,”

[Ankit Singh And 3 Others v. State of U.P. and Another]

08/05/2024

The Supreme Court stayed the order of Calcutta High Court's regarding cancelation of 24,000 jobs provided under the West Bengal School Service Commission (WBSSC), 2016 Recruitment Process.
The Apex Court ordered that the ad-interim protection would continue provided that any person found to have been appointed illegally and has continued. As a consequence of the Apex court's order, persons shall undertake to refund the salary drawn by them if the case is eventually decided against them.
The Apex Court also ordered the Central Bureau of Investigation (CBI) to continue with the investigation of recruitment scam.

[State of West Bengal vs Baishakhi Bhattacharyya Chatterjee and Ors.]

07/05/2024

The Calcutta High Court has recently laid down guidelines of 'professional standards' for college teachers.
Petitioner stated that she was appointed as the principal of the college in 2015 and before taking charge, the complainant was the teacher-in-charge of the college. It was stated that the Students Union of the college was backed by a particular political party which was unhappy with the petitioner's appointment and threatened her to resign from her post on multiple occasions and FIR has been lodged under section 499/500 of IPC.

Court observed that It is very unfortunate that under political influence, the primary purpose to provide education is completely overlooked, such hostile atmosphere in an educational institution goes against the welfare (which is paramount) of the students whose future is in the hands of these colleges.

College teachers are expected to adhere to professional standards of conduct, which include:-
1. Respect for students: Treat students with dignity and fairness, fostering an inclusive and supportive learning environment.

2. Competence: Demonstrate expertise in their subject matter and teaching methods.

3. Integrity: Be honest and transparent in all academic and administrative dealings.

4. Professionalism: Maintain appropriate boundaries and behavior in interactions with students, colleagues, and staff.

5. Fairness and impartiality: Evaluate students' work objectively and provide constructive feedback.

6. Continuous improvement: Engage in professional development activities to enhance teaching skills and stay current in their field.

7. Collegiality: Collaborate with colleagues and contribute positively to the academic community.

8. Compliance with institutional policies: Follow college policies and procedures related to teaching, research, and student support.

[Sima Banerjee Vs Dr. Barnali Chattopadhyay]