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Prolawctor Daily Legal Update| 13 August, 2020

1. Litigation Due To Ad-hocism in Recruitments and Promotions

In this case of Jammu and Kashmir, the practice of giving promotion on in charge basis without
regular promotion was deprecated by Supreme Court. The division bench observed that what
is seen in the then State of J&K and now the Union Territory of J&K is that the aforesaid
judgment of the Supreme Court is being "complied with less and violated more", as practically
in all the departments, promotions are being made on in charge basis and the reasons therefore
are not unknown.

2. Setting up a Special Cell for the victims of honour killing

In the case of Shakti Vahini v. Union of India, Delhi High Court has directed the Principal
Secretary (Home) of the Delhi Government to file a status report in a plea seeking strict
compliance with the directions of the Supreme Court for setting up a Special Cell for the
victims of honour killing.

3. Orissa HC sets aside GO mandating furnishing of bank guarantee instead of

solvency certificate for excise licence

As per the notification released by the state government, no department will seek solvency
certificate for granting licence. After this decision many petitions have been filed in HC of
Orissa. The Orissa HC sets aside the GO of mandating bank guarantee instead of solvency
certificate. The division bench mentioned that the statutory provisions of law or the Rules
cannot be overridden by way of executive instructions.

4. Bail plea moved by Natasha Narwal in Delhi riots case

The Delhi HC issued notice on bail plea by pinjra tod member Natasha Narwal. Natasha Narwal
is a pinjra tod activist who is accused under three FIRs filed against her in violating and
provoking the Delhi riots. The present bail plea has been moved at crime branch for
commission of offences under the unlawful assembly prevention act. She has been under
judicial custody in Tihar Jail since she was arrested. The bail plea would be heard on August
28 by a single judge bench justice Vibhu Bhakru.

5. The students of Karnataka Law University move to the high court contending the
university’s decision to Hold Exams for the Intermediate Semester Students.

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 `Prolawctor: Make your Own Pathway

A plea has been filed by a 3rd year law student, Purbayan Chakraborty, contending that the
students belonging to the intermediate semester should be promoted using the method/formula
proposed by the University Grants Commission, where 50 percent of the weightage should be
based upon internal evaluation and the rest should be evaluated by the marks secured in the
previous semester. The petition highlights that the present situation under which the students
have been subjected to "disparate impact" due to various challenges faced by students while
attending online classes. Therefore, in the present situation the petitioner urged the court to
instruct the university to apply the method prescribed by the UGC.

6. Madras High Court stating that “Final Report Filed Only After Lapse Of 90 Days,
Even Before Which Plea for Default Bail Filed” released a murder accuse.

Observing the final report, a bench constituting of Justice V. Bharathidasan stated that the
petitioner submitted the application seeking bail on completion of 90 days period ascribed
under the section 167(2). The period was completed on 07.06.2020, however the final report
filed by the police before the concerned court was on 18.06.2020. Nevertheless, this has been
wrongly dismissed by the Magistrate's court. Consequently, the single bench judge rejected the
argument put forth by the government’s advocate and granted release to the accused.

7. 25% Horizontal Domicile Reservation Challenged- Karnataka HC to hear the plea

of Bar Council of India

The Bar Council of India filed a petition before Karnataka High Court challenging the
constitutional validity of 25% horizontal domicile reservation introduced by the National Law
School of India (NLSIU Amendment) Act 2020.

8. Trial Court's Verdict upheld by Rajasthan HC - Murder Accused awarded Death

Sentence.

Last week, a bench of Justice Sabina and Justice Chandra Kumar Songara of Rajasthan HC
upheld the decision of Trial Court in a murder case and awarded the accused death sentence.

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