LEGAL NEWS

6 JULY, 2020 - 10 JULY, 2020

6 July, 2020

1. INTERIM RELIF TO HUL AGAINST EMAMI BY BOMBAY HC: ‘GLOW & HANDSOME’

The Bombay High Court on 6th July, 2020 granted relief to Hindustan Unilever Limited and
restrained Emami from initiating any legal proceedings against HUL for the use of the trademark
‘Glow & Handsome’ without giving a seven day prior notice to the plaintiff. HUL had filed the suit
under Section 142 of the Trade Marks Act, 1999 seeking injunction to restrain Emami from issuing
"groundless threats" to the plaintiff in respect of the use of its trademark 'Glow & Handsome’.

In June 2020, HUL filed a set of trade mark applications seeking registrations of the trade mark
labels and respectively on proposed to be used basis. Thereafter, on July 2, 2020, HUL made an
official announcement that its trademark/brand 'Fair & Lovely' is rebranded as 'Glow & Lovely' for
its skin care range of products and the plaintiff's skin care range of FAIR & LOVELY products for
men will be called as 'Glow & Handsome'.

2. EXAMS BY UNIVERSITIES, INSTITUTIONS PERMITTED: HOME MINISTRY

The Ministry of Home Affairs on 6th July, 2020 has permitted the conduct of examinations by
universities and institutes. The final term examinations are to be compulsorily be conducted as
per the UGC guidelines and academic calendar for universities and as per the standard operating
procedure approved by the Union Ministry of Health and Family Welfare.

3. LAWYERS ARE AN INTELLECTUAL CLASS; WE EXPECT MEMBERS OF NOBLE

FRATERNITY TO RESPECT THEMSELVES FIRST: SC

We expect members of the noble fraternity to respect themselves first, remarked the Supreme
Court while dismissing the writ petition filed by a lawyer, Reepak Kansal, alleging 'pick and
choose' policy adopted by the Registry. Justice Arun Mishra, who authored the judgment,
observed that the Registry, which is part and parcel of the judicial system, is blamed
unnecessarily for no good reasons. The bench, also comprising of Justice S. Abdul Nazeer, said
that, when the pandemic is going on, baseless and reckless allegations have been made by the
petitioner against the Registry of the Supreme Court. The Court imposed cost of Rs.100 (Rupees
One Hundred only) on the lawyer 'as a token to remind his responsibility towards noble profession
and that he ought not to have preferred such a petition.'

4. AMAZON, GOOGLE FACE TOUGH RULES IN INDIA’S E-COMMERCE DRAFT

India’s latest e-commerce policy draft includes steps that could help local startups and impose
government oversight on how companies handle data.The government has been working on the
policy for at least two years amid calls to reduce the dominance of global tech giants like
Amazon.com Inc., Alphabet Inc.’s Google and Facebook Inc. Under rules laid out in a 15-page
draft, the government would appoint an e-commerce regulator to ensure the industry is
competitive with broad access to information resources. The policy draft was prepared by the
Ministry of Commerce’s Department for Promotion of Industry & Internal Trade.

The new rules aim to help the Indian startups to bloom since companies such as Amazon,
Google, and more have an edge over them. The report states, "India’s roaring digital economy,
with half a billion users and growing, is witnessing pitched battles in everything from online retail
and content streaming to messaging and digital payments. Global corporations lead in each of
these segments, while local startups have sought help from a sympathetic government that
recently banned dozens of apps backed by Chinese technology giants."

5. KERELA HC UPHOLDS CONVICTION OF RAPE ACCUSED: "SURRENDER CAN NEVER BE

CONSTRUED AS CONSENSUAL ACTS OF SEXUAL INTERCOURSE".

The Kerala High Court has observed that only those sexual intercourse which are welcomed could
be construed as not violative of the rights of the victim, and accepted as consensual. The case
against the accused was that, on a Sunday in the month of February 2009, and on various
subsequent days, he committed rape on the victim girl, a minor aged 14 years belonging to a
Scheduled Caste, and impregnated her. The Trial Court held him guilty of the offence punishable
under Section 376 of the Indian Penal Code. The Trial court found that the prosecution has not
proved the age of the victim girl and failed to establish that the case is one that falls under the
sixth description in the definition of 'rape' in terms of Section 375 of the IPC as it stood then. In
appeal, the accused contended that the evidence tendered by the victim girl would show beyond
doubt that the sexual intercourse was consensual. While considering this argument, Justice PB
Suresh Kumar observed that mere act of helpless resignation in the face of inevitable compulsion,
quiescence, nonresistance, or passive giving in, when volitional faculty is either clouded by fear or
vitiated by duress, cannot be deemed to be 'consent'.

6. GUJARAT HC: COLOUR BLINDNESS NOT GROUND TO DENY APPOINTMENT TO POST

OF POLICE CONSTABLE

The Gujarat High Court on 6th July, 2020 ruled that candidates could not be sidelined for
appointment to the Lok Rakshak Dal (post of armed/unarmed police constable), as per their merit
with all consequential benefits, on the ground of their medical incapacity of colour blindness.

The Single Judge noted that the High Court has previously held unequivocally, on a conspectus of
the relevant rules, that colour blindness would not lead to disqualification from being appointed to
the post of Unarmed Police Constable, that colour blindness is not provided as a disqualification
to the post to any Class III posts, and indisputably the post of Lok Rakshak, for which the
petitioners seek appointment falls under Class-III post- "In Group 'A', which refers to "Armed and
unarmed Police etc.", the requirement is "very high degree of visual acuity with unaided eye. It is
not the case of the respondents that the petitioners are having any myopic vision for which they
require the aid of glasses. Their case will not fall under Group 'B' which refer to "a very high
degree of vision of acuity with glasses and moderate degree without glasses". The posts under
Group 'D' which refer to desk work also does not refer to colour blindness as a disqualification.
Hence, it is ostensible that the respondents have acted contrary to the rules which govern their
medical fitness."

7. ALLAHABAD HC REFUSES TO QUASH UNCONSTITUTIONAL FIR REGISTERED BY UP

POLICE UNDER SECTION 66A IT ACT

The Supreme Court had struck down Section 66A of the Information Technology Act in its entirety
in a judgment delivered in 2015 (Shreya Singhal vs. Union of India). Last year, the Apex Court had
expressed its concern and displeasure about the continued use of this 'unconstitutional' Section
66A of the IT Act.Recently, a person named Rohit Singhal approached the High Court seeking to
quash the F.I.R.registered against him under Sections 3/7 Essential Commodities Act, and Section
66A Information Technology Act. However, the Court refused to quash the FIR under Section 66A
and instead directed that the petitioner shall not be arrested in above mentioned case, till the
submission of the police report under section 173(2) Cr.P.C., if any, before the competent court.
The petitioner was also directed to cooperate with the investigation of the case.

More recently, a Journalist Shiv Kumar (Amar Ujala), approached the High Court seeking to quash
the FIR registered against him under section 188 and 505 of Indian Penal Code read with section
3 of Epidemic Act and Section 66A of Information Technology Act. Disposing of his petition, the
Court found that 'it is apparent that cognizable offence is there for which investigation is in
process, hence no ground for indulgence is made out.' The Court however granted protection to
the petitioner until filing of Police Report.

8. MADHYA PRADESH HC TURNS DOWN REQUEST FOR PRESENCE OF LAWYER DURING

SEARCH & SEIZURE BY GST OFFICERS

The Madhya Pradesh High Court on Friday dismissed a petition seeking presence of an Advocate
during search and seizure under Section 67 of the GST Act, of the Petitioner's sweet betel nut
manufacturing unit.The bench of Justice Prakash Shrivastava and Justice Vandana Kasrekar held
that the Petitioner had "failed to point out any statutory provision or any such legal right" in his
favour.In the backdrop, the Petitioner's manufacturing unit had been sealed for alleged tax
evasion and a notice had been issued to him to remain present during search and seizure of the
premises. The Petitioner apprehended that that the process may not be carried out in a "fair
manner" and the authority may pressurise him into making a forced confession. He had therefore
sought presence of an Advocate during the process.

7 July, 2020

1. INTERIM BAIL GRANTED TO UNITECH PROMOTER SANJAY CHANDRA

Promoter and former Managing Director of Unitech Ltd., Sanjay Chandra, who has been in jail for
approximately 3 years, was granted interim bail on 7th July, 2020 by Supreme Court. Accepting
his plea for bail on account of both his parents being COVID-19 positive, the Bench comprising of
Justices DY Chandrachud and MR Shah allowed him to be released for a period of one month.

However, the Court refused to grant any such relief to Chandra's younger brother, Ajay Chandra,
who is also in jail in relation to the ongoing case involving siphoning off money paid by home
buyers.

2. ONE MONTH’S TIME GRANTED BY SUPREME COURT TO IMPLEMENT THE GRANT OF

PERMANENT COMMISSION AND COMMAND POSTS FOR ELIGIBLE WOMEN OFFICERS IN
THE ARMY

The Supreme Court has granted one Month's time to implement the grant of Permanent
Commission and Command Posts for eligible women officers in the Indian Army. The 17th
February judgment directed that Permanent Commission should be granted to women in the
Army, regardless of their service, in all the ten streams where the Union Government had already
taken a decision to grant Short Service Commission to women. The Court had further held that
absolute exclusion of women from command assignments is against the tenets of Article 14 of the
Constitution of India. Therefore, the policy that women will be given only “staff appointments” was
held to be unenforceable.

3. SC DIRECTS STATES OF UP, UTTARAKHAND, BIHAR, TRIPURA, TO FILE AFFIDAVITS IN

SUO MOTU MATTER

The Supreme Court on Tuesday directed the states of Uttar Pradesh, Bihar, Uttarakhand and
Tripura to file their respective Affidavits By Friday in its suo motu case pertaining to the condition
of children in protection, juvenile and foster or kinship homes amid the Coronavirus outbreak. On
June 11, Top Court had taken note of 35 children testing positive for Coronavirus in a
government-run shelter home in Royapurum, Chennai and sought a status report from the State
Government of Tamil Nadu and Secretary regarding reasons for spread of the contagion and
steps taken to control its further spread.A bench of Justices Nageswara Rao, Krishna Murari and
S Ravindra Bhat had also sought status report from different state governments on steps taken to
protect children in shelter homes from the deadly Novel Coronavirus and also compliance of its
April 3 order.In light of this, the Court also noted that it shall circulate a questionnaire which is to
be communicated to the State Governments which Juvenile Justices Committees of States shall
supply, providing requisite information sought for in the questionnaire before June 30, 2020.

4. SC: DISPUTES AS TO INHERITANCE OF SHARES CANNOT BE DECIDED IN

PROCEEDINGS U/s 241/242 OF COMPANIES ACT, 2013

The Supreme Court has observed that a dispute as to inheritance of shares cannot be decided in
proceedings under section 241/242 of the Companies Act, 2013.

Section 241 of the Companies Act deals with application to the National Company Tribunal for
Relief in Cases of Oppression, etc and Section 242 deals with the power of Tribunal to deal with
such applications. The case pertains to family tussle between wife and son of Late Mr. Abhey
Kumar Oswal, who during his lifetime, held as many as 5,35,3,960 shares in M/s. Oswal Agro Mills
Ltd., a listed company. In this case, NCLT and NCLAT held that the application filed by Pankaj
Oswal, alleging oppression and mismanagement in the affairs of the company is maintainable.
The Tribunal rejected the contentions of Aruna Oswal that the main dispute raised as to the
inheritance of the estate of the deceased is a civil dispute and could not be said to be an act of
oppression and mismanagement and that such a dispute could not be adjudicated in a company
petition filed during the civil suit's pendency.

5. KARNATAKA HC TAKE SUO-MOTU COGNISANCE OF DIFFICULTY FACED BY COVID-19

PATIENTS IN GETTING MEDICAL TREATMENT

The Karnataka High Court issued a notice to the state government, Bruhat Bengaluru
Mahanagara Palike (BBMP) and Central government, after taking suo-motu cognisance of two
letters written to it highlighting the difficulty faced by patients tested positive for coronavirus in
getting immediate medical treatment at affordable prices.

A division bench of Chief Justice Abhay Oka and Justice Nataraj Rangaswamy took cognisance
of the letters written by Advocates Association of Bengaluru and Advocate P Anu Chengappa. It
directed the registry to file the suo-motu petition and posted the matter for hearing on 7th July,
2020.The petition prays for directions to respondents to ensure sufficient beds are made available
to COVID-19 patients. Provide immediate medical treated to them at reasonable and affordable
prices. Issue directions to the respondents to provide health insurance to the general public,
particularly to the lawyers community.

6. HAVE RESERVATIONS AGAINST WHATSAPP FOR EFFECTUATING SUMMONS/SERVICE,

CENTRE TELLS SC

The Supreme Court took up its Suo Motu Case pertaining to the applicability of extension of of
limitation period owing to the Coronavirus induced lockdown, effectuated from March 23.

A bench led by Chief Justice SA Bobde took on record, a consolidated reply filed on behalf of the
Union of India detailing its stand on several IA's with regard to limitations pertaining to Section
29A & 23(4)of the Arbitration and Conciliation Act, Section 12A of the Commercial Courts Act,
2015, Service of all notices, summons and exchanges of pleadings, Clarifications with regard to
the earlier March 23 order & Extension of Limitation under Section 138 of the Negotiable
Instruments Act, 1881.The Attorney General appeared on behalf of the Union of India and stated
that since the period of one year within which the Arbitral Award is to be delivered is not a period
of limitation as such, it may be clarified that the times period under Section 29A is being extended
until further orders on account of COVID19. On the issue of service of statutory notices, summons
and pleadings through fax and emails, the AG submitted that the same be allowed until further
orders.

7. PLEA SEEKS REVIEW OF SC VERDICT QUASHING 100% ST RESERVATION:

‘JUDGEMENT WILL FURTHER SUPPRESS SCHEDULED TRIBES’

A Review Petition has been filed against the Supreme Court's judgment by which a State
Government Order affirming 100% reservation for Scheduled Tribe (ST) teachers in a scheduled
area of Andhra Pradesh was quashed.The Court had followed the dictum in Indira Sawhney
judgment (Indira Sawhney v Union of India), according to which Reservations would be
constitutionally valid only as long as they do not go beyond 50%. A total of 5 organisations and
individuals, claiming to be working towards the protection of socio-economic rights of weaker
sections and communities in society, have challenged this verdict stating that there are errors
apparent on the face of the record.The review petitioners claim that the ruling effectively takes
away the rights of people belonging to the tribal community as well as other minorities to get
adequate and appropriate representation within the settings of their own community.

Filed by KV Bharathi Upadhyaya, and settled by Mehmood Pracha, the review petition pleads that
the judgment would only create further divide and encourage more suppression.

8. 'DIRECT CENTRE, STATES TO ARRANGE LOANS UP TO RS 3 LAKHS FOR ADVOCATES' :

BAR COUNCIL OF INDIA MOVES SC
The Bar Council of India has filed a writ petition in the Supreme Court highlighting the financial
difficulties faced by lawyers on account of the country wide lockdown.

Stating that BCI does not have the funds to help the lawyers in need, it has sought directions to
the Central Government and all States/UTs to "arrange financial assistance by way of interest free
loan of up to Rs.3 lakhs each to advocates enrolled with the respective Bar Council of each State
through the said Bar Council repayable in reasonable monthly installments at least 12 months
after normal court functioning commences”. The petition, filed through Advocate S N Bhat, also
seeks a direction to Union of India and the respective State Governments to "financially support
the needy advocates through respective Bar Association by depositing the amount directly in the
accounts of the said advocates after receiving the necessary details from the respective Bar
Association".

The writ petition states that the prolonged closure of the courts and tribunals all over the country
since March 2020 due to the lock-down has deprived the majority of the advocates their only
source of income. It is highlighted that most of the advocates, especially youngsters, have no
savings and are solely dependent on the working of courts for their livelihood.

8 July, 2020

1. KERELA HC: BREACH OF PROMISE TO MARRY AMOUNTS TO RAPE? QUESTION TO BE

CONSIDERED IS IF ACCUSED ACTUALLY WANTED TO MARRY OR MADE A FALSE
PROMISE ONLY TO SATISFY HIS LUST : KERALA HC

The Kerala High Court, while considering a bail application seeking pre arrest bail for the offences
under Sec 376 (2)(n) and 506 IPC, observed that every case of breach of promise to marry will not
amount to rape. Justice Raja Vijayaraghavan through his judgment observed that, "The question
to be considered in such cases is whether the accused had actually wanted to marry the victim or
had mala fide motives and had made a false promise to that effect only to satisfy his lust”. The
facts of the case transpired as, the informant is a married woman with a girl child residing
separately from her husband due to some marital discords. The accused used to contact her and
bring her food and other items. As per the informant, the accused raped her when her daughter
was not around and made her pregnant. When this fact was mentioned to the petitioner, he is
alleged to have assured her that he would marry the lady as and when she gets a divorce from her
husband. Later when the petitioner stopped contacting the lady, she approached the Police and
set the law in motion.The Court allowed anticipatory bail to the accused, observing that it was
"difficult to accept at this stage that a false promise was given to engage her in a sexual
relationship and that it was under such misconception of fact that she had acceded to the wishes
of the petitioner".

2. KARNATAKA HC STAYS GOVT BAN ON ONLINE CLASSES; SAYS IT VIOLATES RIGHT TO

EDUCATION UNDER ARTICLE 21A

The High Court of Karnataka on 8th July, 2020 expressed the prima facie view that State
Government orders banning online classes encroached upon the Fundamental Right to Life and
Education conferred by Article 21 and 21A of the Constitution of India.

"Prima facie we are of the view that both orders of June 15 and June 27, encroached upon the
Fundamental Right conferred by Article 21 and 21A of the Constitution of India", observed a
division bench comprising Chief Justice Abhay Srinivas Oka and Justice Nataraj Rangaswamy.

The Court said that the executive orders passed by the Government under Article 162 of the
Constitution cannot curtail the fundamental rights under Articles 21 and 21A.

Therefore, the bench passed an interim direction staying the government orders issued on June
15 and June 27 to the extent they imposed ban/embargo on conduct of online classes by the
schools from LKG to Class X.The Court clarified that the order should not be construed to mean
that authorities of school have right to make online education compulsory or will have right to
charge extra fees for conducting online classes.

3. SC ASKS SOLICITOR GENERAL TO SUBMIT SUGGESTIONS ON PLEA SEEKING

CLOSURE OF ASHRAMS BY FAKE BABAS

The Supreme Court on 8th July, 2020 asked a petitioner seeking shutting down of Ashrams run by
'fake babas' to serve the petition upon the Centre in order for them to come up with suggestions
regarding the the possible course of action.

The Bench, comprising of CJI SA Bobde, and Justices Subhash Reddy and AS Bopanna, directed
Solicitor General Tushar Mehta to read the Petition and seek instructions from the Government
regarding suggestions on what could possibly be done. The Bench also discussed the prayer
regarding guidelines for the establishment of Ashrams across India as well as directions to
authorities to ensure a register of inmates is maintained and fake Ashrams are verified.

The Centre must consider all these aspects, and inform the Court of possible action that may be
taken when the matter comes up again after a period of 2 weeks.

4. SC ASKS RAJASTHAN POLICE TO COMPLETE INVESTIGATION OF DEATH OF NLU

JODHPUR STUDENT WITHIN TWO MONTHS

The Supreme Court has directed the Rajasthan Police to complete the investigation into the
August 2017 mysterious death of Vikrant Nagaich, a 3rd year student at National Law University,
Jodhpur, within a period of two months.A Bench of Justices RF Nariman, Navin Sinha and BR
Gavai gave the direction in a plea filed on behalf of Nagaich's mother, which sought for a transfer
of investigation from the State Police to the Central Bureau of Investigation (CBI) on account of
the former allegedly making no effort to apprehend the offenders.

On 8th June, the Bench had issued notice in the matter while observing that they would first hear
the Rajasthan Police in order to ascertain why no progress had been made in the investigation
over a period of 3 years since Nagaich's death, before considering the plea for transfer of
investigation.The plea was filed on behalf of Naigaich's mother, Neetu Kumar Naigaich, by
Advocate-on-Record Astha Sharma.

5. 'COLONIAL ATTITUDE OF POLICE NOT ELIMINATED' : PLEA IN SC SEEKS

ENFORCEMENT OF GUIDELINES TO CURB CUSTODIAL TORTURE

In the backdrop of the horrific custodial death of father-son duo Jayaraj and Bennix in Tamil Nadu,
a petition has been filed in the Supreme Court of India, seeking elaborate guidelines to ensure
prevention of custodial torture. The writ petition filed in public interest states that the Tamil Nadu
incident "underlines afresh the urgent need for institutional correctives within the policing system
in this country and the acute need for India to enact a strong law to prohibit and prosecute cases
of torture and custodial deaths, in fulfillment of its legal obligations, both national and
international, to guarantee protection to right to life”. In this backdrop, the petitioner prays for
issuance and laying down of guidelines to fill the gaping lacunae in the Indian Legal System, and
for ensuring an effective and purposeful framework and its enforcement to fulfill the constitutional
obligation of ensuring and securing the right to life and to live with human dignity and the
prevention of custodial torture/deaths/rapes, in exercise of the plenary and inherent power of the
Supreme Court, under Article 142 of the Constitution of India.

6. DELHI UNIVERSITY DECIDES TO POSTPONE EXAMS TILL AUGUST; PETITIONS

CHALLENGING DU EXAM NOTIFICATION REFERRED TO DIVISION BENCH OF DELHI HC

The Delhi University has decided to postpone the examinations till August, but has not provided a
specific date on which the examinations will be held.The information was given to the Single
Bench of Justice Prathiba M Singh which has directed to transfer all the petitions concerning the
DU examinations before the Division Bench of Justice Hima Kohli and Justice Subramonium
Prasad. The order has come in a writ petition challenging the decision of the Delhi University to
conduct open book examinations (OBE) on July 10. The court was informed by the Delhi
University that pursuant to the decision taken last night, the University examinations have been
postponed till August 15. However, the University did not provide a specific date on which the
said examinations will be conducted.The court was also informed by the University Grants
Commission (UGC) that the Ministry of Human Resource Development (MHRD) has issued a
revised Office Memorandum wherein the Universities are asked to conduct their examinations by
September 2020. The mode of conducting the examinations, online or offline, has been left to be
decided by the concerned Universities after taking into consideration the preparedness of the
students as well as other factors.

7. DOCTOR'S SUICIDE CASE: SC REFUSES TO ENTERTAIN PLEA FOR CANCELLATION OF

BAIL TO APP MLA PRAKASH JARWAL
The Supreme Court on refused to entertain a plea seeking cancellation of bail of AAP MLA
Prakash Jarwal in connection with the alleged suicide of a doctor in south Delhi in April. A bench
of Justices R.F. Nariman, Navin Sinha & B.R. Gavai disposed off the plea filed by the deceased
doctor's son and granted liberty to the family to move the appropriate court for cancellation of
bail. Jarwal was granted bail by the Delhi High Court to on June 24.The Court noted that since
Jarwal was already on bail, proper remedy at this juncture was elsewhere and not the Top Court.
Further to this, the bench noted that if any condition of bail already is violated, the Petitioner(s)
may seek its cancellation. On June 24, the Delhi High Court Single Judge bench of Justice Suresh
Kumar Kait had granted bail to AAP MLA Prakash Jarwal in connection with the alleged suicide of
a doctor in south Delhi in April.

8. EDUCATIONAL LOAN CANNOT BE REJECTED SOLELY ON THE GROUND OF

UNSATISFACTORY CREDIT SCORES OF APPLICANT'S PARENTS: KERALA HC

The Kerala High Court has held that educational loan cannot be rejected to a student solely on the
ground of unsatisfactory credit scores of his/her parents

Justice Anu Sivaraman observed that the repayment capacity of the applicant after his education
should be the deciding factor as per the relevant scheme.

Pranav, a 1st year B.Tech student in Food Technology, had applied for an education loan from SBI
for pursuing his studies in an Engineering College in Tamil Nadu. His application was rejected on
the ground that the CIBIL report of his father showed that there was a default in a commercial
vehicle loan availed by him. Before the Court, Pranav submitted that, even after the closure of the
loan, the application for education loan was declined stating that the credit history of both the
parents reveal multiple default.The Court, while considering this plea, referred to a recent
judgment, in which it was observed that the repayment possibilities of the loan were
contemplated to be made not on the financial position of the parents but solely on the projected
future earnings of the students on employment after education. The court also noted that the
order of rejection does not mention the loan has been rejected because the admission is in the
management quota.

9 July, 2020

1. GUJARAT HC REFUSES TO DROP DACOITY CHARGES AGAINST ANTI-CAA PROTESTOR

FOR ALLEGEDLY STOPPING A STATE BUS & TAKING AWAY ITS KEYS

The Gujarat High Court refused to drop criminal charge of Dacoity against Satish Pravinbhai
Vansola, who was arrested in connection to anti-CAA protests in December 2019.The charge of
Dacoity was added in the FIR against Vansola subsequent to a request made by the Deputy
Superintendent of Police. It was alleged that the Petitioner had forcibly taken away the keys of a
State Transport Bus that was plying on the route at the time of the unlawful protest."It appears
from the record that during the course of committing theft of the keys of the State Transport Bus,
the petitioner had placed the driver of the said Bus under the fear of instant death. In that
process, the petitioner had also restrained the driver of the said Bus from proceeding to its
destination," the court observed.

2. DELHI HC DIRECTS CENTRE TO FILE REPORT ON STEPS TAKEN TO ENSURE PROPER

FUNCTIONING OF DRTS AND DRAT DURING PANDEMIC

Delhi High Court has directed the Central Government to submit a status report indicating the
steps that are being taken by it for ensuring the proper functioning of the DRAT and DRTs during
this present pandemic situation. The Single Bench of Justice Navin Chawla has directed the
Ministry of Finance and the Ministry of Information Technology & Electronics to submit status
reports within one week. Delhi High Court has directed the Central Government to submit a status
report indicating the steps that are being taken by it for ensuring the proper functioning of the
DRAT and DRTs during this present pandemic situation. The Single Bench of Justice Navin
Chawla has directed the Ministry of Finance and the Ministry of Information Technology &
Electronics to submit status reports within one week.The order has come in a plea seeking
additional online links for Debt Recovery Tribunal and Debt Recovery Appellate Tribunal in order to
ensure smooth operation of hearings through Video Conferencing and other virtual
operations.Filed by Debt Recovery Tribunal Bar Association Delhi, the petition seeks a direction to
be issued to the concerned Ministries to provide minimum three separate online links to each
Presiding Officer of DRT, Delhi.

3. 'REGISTRY WORKING UNDER GREAT DIFFICULTY' : KARNATAKA HC CJ REPRIMANDS

LAWYER FOR SENDING RUDE EMAIL OVER LISTING OF CASE

The Karnataka High Court on Wednesday reprimanded an advocate for sending a discourteous
email to the registry over urgent listing of a case.Chief Justice Abhay S Oka asked the advocate
to appear via video conferencing, and expressed strong displeasure at his conduct.

Urging the lawyers to act with patience until normalcy is restored, Justice Oka said "Let this
message be conveyed to the members of the bar that the registry is working under great difficulty.
36 judicial officers have gone into quarantine. In Mandya district, 12 court staff are tested positive.
“ The Advocate had sent an email to the Registry seeking an urgent hearing of his case. However,
no FR number was not mentioned. The registry then sent a reply to him asking whether he would
want to e-file the matter or fix a date. To which he replied saying 'You are not able to understand
anything.” Following the admonishment by the Court, the Advocate profusely apologised but also
tried to clarify that it was a mistake committed by his junior who was not able to understand
English.

4. CENTRE PUBLISHES DRAFT CODE ON WAGES (CENTRAL) RULES; INVITES

OBJECTIONS & SUGGESTIONS FROM PUBLIC
The Central Government has published a draft of Code on Wages (Central) Rules, 2020, inviting
objections and suggestions from the public.

Code on Wages, 2019, which subsumes four existing laws on labour wages - the Payment of
Wages Act, 1936; the Minimum Wages Act, 1948; the Payment of Bonus Act, 1965, and the Equal
Remuneration Act, 1976 was passed by Parliament last year. The Code received the assent of the
President on the 8th August, 2019. Section 67 of the Code empowers the appropriate
Government, subject to the condition of previous publication, to make rules for carrying out the
provisions of this Code. The draft notification deals with the following aspects: Manner of
calculating the minimum rate of wages, Floor Wages, Payment of wages and bonus, Constitution
and powers of Central Advisory Board, Payment of dues and claims.

5. "POLICE FAILED TO MANAGE THE SITUATION APPROPRIATELY": GUJARAT HC GRANTS

BAIL TO MIGRANT WORKERS ARRESTED FOR UPROAR OVER DELAY IN RETURN

The Gujarat High Court on Tuesday granted bail to as many 25 migrant workers, arrested on
charges of murder and dacoity, for their alleged clash with the police personnel on May 17 at
Rajkot, over delay in their return to their native states.

The bench of Justice Gita Gopi appreciated that the allegations made in the impugned complaint
revealed that "sentiments of the migrant labourers were at an all time high on account of the
prevailing situation" and "they wished to return to their native States as early as possible", and
that it was the police that had failed to manage / control the situation appropriately. “ "The police
was required to handle the crowd tactfully", observed the Single bench. Considering that the
Supreme Court has asked all States / UTs to consider withdrawal of complaints / prosecution
under the Disaster Management Act and other related offences lodged against the migrant
labourers, who are alleged to have violated lockdown measures, the Court exercised the
discretion to enlarge them on bail.

6. KERALA GOLD SMUGGLING CASE : SWAPNA SURESH MOVES KERALA HC FOR PRE-
ARREST BAIL; SAYS 'NO CONNECTION WITH SMUGGLED GOLD’

Apprehending arrest by the Customs Department in the case related to smuggling of 30 kilogram
of gold through diplomatic cargo dispatched to UAE Consulate at Thrivananthapuram, Swapna
Suresh, a woman associated with the Consulate General Office, has moved the High Court of
Kerala seeking anticipatory bail. She has denied any connection or involvement with the case,
which has snowballed into a political controversy due to her alleged links with M Shivashankar
IAS, who was both the Principal Secretary to the office of Chief Minister and Secretary to the
Department of Information Technology. Following the controversy, Shivashankar was removed
from both the posts.

7. [COVID-19] FUNCTIONING OF CALCUTTA HC SUSPENDED TILL JULY 13; J&K HC

CLOSED FOR TWO DAYS

Judicial and administrative functioning of the Calcutta High Court has been suspended from
tomorrow, i.e. July 10, 2020 till July 13, 2020 (Monday), on account of new phase of lock down in
the city. Through a notification issued by the Registrar General, the Chief Justice has directed to
close the High Court for sanitisation purposes as "considerable part" of the city have been
declared as containment zones. The premises of the Srinagar wing of the J&K High Court were
shut yesterday, after some CRPF personnel deployed there tested COVID positive. The High
Court has been closed for two days, i.e. July 8 and 9, for sanitisation purpose. Urgent cases listed
on 8th and 9th of July, 2020 in Srinagar wing of the High Court of J&K shall be taken up for
consideration on 10th of July 2020. Dates in other matters will be given by the concerned Bench
Secretary and will be posted on the website of the High Court of J&K on 11th of July 2020.

8. MADRAS HC ISSUES NOTICE TO IRDAI ON PLEA SEEKING REFUND/ ADJUSTMENT OF

MOTOR VEHICLE PREMIUMS DURING LOCKDOWN
The Madras High Court recently issued notice to the Insurance Regulatory Development Authority
of India (IRDAI) on a PIL seeking refund/ adjustment in the motor vehicle premiums paid by the
insurance holders, pursuant to the nation-wide lockdown.The petition was heard by a division
bench of Justice R. Subbiah and Justice Krishnan Ramasamy on July 3, 2020 and notices
have been issued to IRDAI and the Ministry of Road Transport and Highways, returnable in two
weeks. The petition has been filed by Advocate G. Rajkumar, stating that the authority should be
directed to take appropriate policy measures to give relief to insurance holders, who could not
use their vehicles during the lockdown period. He has contended that the subsequent lockdown
notifications issued by the Union Ministry of Home Affairs resulted in an unprecedented and
unorthodox situation, drastically restricting traffic across the country. This in turn, he submitted,
immensely benefited the insurance industry as there were fewer accidents leading to fewer
claims.

9. DELHI HC DIRECTS DELHI GOVT TO EXPEDITIOUSLY PROCESS APPLICATION SEEKING

COMPENSATION FOR INJURY SUSTAINED DURING DELHI RIOTS

Delhi High Court has directed the Delhi Government to expeditiously process an application
moved for seeking compensation for sustaining serious injury during the Delhi riots. The order has
come in a plea moved by Shaan Mohd, who sustained a gun-shot injury on his leg during the
aforesaid riots and was quickly taken to the hospital. The Petitioner contended that despite the
MLC being submitted on three occasions, the application for compensation to be awarded to him
has not been entertained.The court perused the Delhi Government's Assistance Scheme for riot
victims which shows that for riots victims having serious injury, the compensation awarded is Rs.2
lakhs, with an immediate relief of Rs.25,000/- to be released per-household in case of substantial
or total damage caused to the household.

10. KARNATAKA HC ISSUES NOTICE TO STATE/MEDICAL COUNCIL ON PETITION

CLAIMING REFUSAL OF MEDICAL TREATMENT TO NON-COVID19 PATIENTS

The Karnataka High Court on Thursday issued notice to the state government and the Karnataka
Medical council on hearing a petition filed claiming that during the complete lockdown period
individual medical practitioners/doctors refused treatment to patients suffering ordinary health
issues. A division bench of Chief Justice Abhay Oka and Justice M Nagaprasanna said "We direct
the respondents to place on record measures taken to look into grievances against the medical
practitioner, on account of their failure to provide medical treatment to non-covid patients." It has
directed the medical council to place on record whether it has received any complaints and what
action was taken in that regard, before the court on July 17.In such a critical time of health
emergency the plight of even the non-covid19 patients is worsening day by day as the tendency
of private individual doctors closing their small medical clinics/ hospitals or refusing to treat non-
covid patients were reported. The petition states that the practise of refusing to provide medical
treatment amounts to violation of Fundamental Right to Health of patients. It has prayed for
directions to the state to take necessary and appropriate action available in law and direct the
Medical council and all its registered practitioners and doctors to provide medical facilities to non-
covid-19 patients, suffering from routine health issues.

11. MP SHASHI THAROOR ISSUES LEGAL NOTICE TO KAIRALI TV FOR ALLEGEDLY

ASSOCIATING HIM WITH PRIME SUSPECT IN KERALA GOLD SMUGGLING CASE

Dr. Shashi Tharoor, Member of Parliament, has issued a legal notice to Kairali TV Malayalam News
Channel for broadcasting defamatory and allegedly false claims associating with a prime suspect
in Kerala Gold Smuggling case. "My lawyer has sent a 6-page formal notice to the CPIM TV
channel for inventing and broadcasting false claims about my alleged association with the
principal suspect, who was a complete stranger to me. I've had enough of being vilified for
political reasons", the MP said in his Facebook post. The Legal notice, which has been issued
through Advocate Suraj Krishna, requires the news channel to recall the defamatory statements
made in the News Portal and through its Social Media platforms. The notice requires Kairali TV to
publish an apology in this regard.

12. DELHI COURT HAS GRANTED BAIL TO ALL THE FOREIGN NATIONALS RELATED TO
TABLIGHI JAMAAT EVENT

The court of Chief Metropolitan Magistrate Gurmohina Kaur at Saket Court has granted bail to all
the foreign nationals upon furnishing a personal bond of ₹10,000 each.

In addition to this, the court has also allowed them to move applications for plea bargaining.

The charge has been filed against the aforesaid foreign nationals under section 3 of the Epidemics
Diseases Act, sections 51 and 58 of the Disaster Management Act, and sections 188, 269, 270,
271, and 120B of the Indian Penal Code. It was also stated by the Delhi Police that during the
investigation, section 14(b) of the Foreigners Act and sections 304, 308, and 336 of the IPC were
further added to the charge sheet.

10 July, 2020

1. US SUPREME COURT RULES AGAINST ABSOLUTE IMMUNITY FOR PRESIDENT FROM

INVESTIGATION; ALLOWS ACCESS TO TRUMP'S TAX RECORDS

With a majority of 7-2, the Supreme Court of the United States has ruled against complete
presidential immunity by allowing a New York prosecutor access to the President's financial
records. However, the Congress has been prevented from similar access to the documents, for
the time-being. In the case Trump v. Vance, District Attorney of the County of New York, et al., the
SCOTUS laid down the principle that a sitting President cannot evade criminal investigation,
thereby ruling that the subpoena issued for retrieving his financial records for turning over to a
grand jury can be enforced. Despite this, the Court chose to not go into the aspect of whether the
Congress could also obtain the financial documents, and sent the matter back to the lower
courts. It is to be noted that the instant case involves the first state criminal subpoena directed to
a President, which the President claims to be unenforceable.

2. WRIT PETITION MAINTAINABLE AGAINST PRIVATE BANK FOR ENFORCEMENT OF RBI

CIRCULAR ON LOAN MORATORIUM : KARNATAKA HC

The Karnataka High Court ruled that a writ Petition under Article 226 of the Constitution of India is
maintainable against private banks as regards implementation of the loan moratorium announced
by the Reserve Bank of India in the wake of lockdown.

Immediately after Lockdown 1, the RBI issued a Circular dated 27.03.2020 permitting all lending
institutions - commercial Banks (including regional rural Banks, small finance Banks, local area
Banks), Co-operative Banks, All India Financial Institutions and NBFCs (including Housing
Finance Companies and Micro Finance Institutions) - to grant a moratorium of three months on
payment of all term loan instalments falling due between March 1st 2020 and May 31st 2020.

3. 14 YEAR OLD BOY WAS ONBOARD THE FISHING BOAT WHEN ENRICA LEXIE INCIDENT
HAPPENED: HIS FAMILY CLAIMS 100 CRORES AS COMPENSATION FROM ITALY

The Family of a 'martyr' of the Enrica Lexie incident has sought compensation of 100 crores from
the Republic of Italy. The family claims that Prijin, who was then 14 year old, was on the boat and
had witnessed the Firing by MT Enrica Lexie on 15.02.2012. This incident made him slip to
depression and he committed suicide last year, they said. Through a lawyer's notice address to
Government of India, the mother and sisters of Prijin claimed that Prijin A was engaged as a crew
onboard the fishing vessel St. Antony by its owner so as to help other fishermen and also for
cooking. "He had witnessed firing by MT Enrica Lexie on 15-02-2012, Prijin was terrified and he
had some minor injuries in the mayhem caused by firing. He was sent to the Kerala coast urgently
in another fellow Indian fishing boat which came alongside on knowing the firing incident.", they
said.

4. PLEA SEEKING TERMINATION OF PREGNANCY DUE TO ABNORMALITIES IN FOETUS,

DELHI HC DIRECTS AIIMS TO CONSTITUTE EXPERT COMMITTEE TO EXAMINE THE
PETITIONER

Delhi High Court has directed the Dean of All India Institute Of Medical Sciences to constitute a
Committee of Experts to examine a woman who's seeking termination of pregnancy in the 23rd
week due to abnormalities and comorbidities in the foetus. Moving an urgent plea for termination
of pregnancy under sections 3(2) and 5 of the Medical Termination of Pregnancy Act, 1971, the
Petitioner submitted that her pregnancy has reached the 23rd gestational week and the foetus
suffers from spinal and cardiac defects that makes it improbable for the foetus to survive, causing
extreme trauma to the Petitioner. The Petitioner further submitted that if her plea is not addressed
urgently, it will cause severe health complications to her. The Petitioner has also challenged the
validity of section 3(2) of the Medical Termination of Pregnancy Act which restricts the right to
terminate pregnancy to 20 gestational weeks.

5. DELHI HC STAYS THE SUSPENSION OF A PUBLIC SCHOOL TEACHER WHO WAS

ALLEGEDLY REMOVED FOR DEMANDING PAYMENT OF SALARIES TO SCHOOL STAFF

Delhi High Court has stayed the suspension of a public school teacher who was suspended from
the position of TGT English allegedly for demanding payment of salaries to teachers and other
school staff. While staying the suspension, the Single Bench of Justice Jyoti Singh has also
issued notices to the Ravindra Public School as well as to the Directorate of Education.

The order has come in a plea moved by a Public School teacher challenging his suspension from
the post of TGT English for allegedly demanding payment of salaries to the school staff. The
Petitioner has moved the present writ petition challenging his suspension claiming that he had
been removed for raising the concerns of the teachers and other staff members of the school. The
Petitioner submitted that as a President of the Teacher's Association he has been raising
demands with the management of the school regarding non-payment of salary and other benefits,
from March 2020 onwards, to the teachers and other staff members.

6. DELHI HC PERMITS EXCLUSION OF STUDENTS FROM ONLINE CLASSES ON FAILURE

TO PAY TUITION FEE DESPITE FINANCIAL CAPACITY

The Delhi High Court partially read down the Delhi Government's order restraining private schools
from precluding such students from attending online classes, who do not pay tution fee. In a plea
filed by the Queen Mary School Northend, a single bench of Justice Jayant Nath has
held,"Where the parents are in default for payment of tuition fee for more than two months, the
petitioner is free to issue an appropriate notice to such parents to explain the reason for the
default…

Further, Clause (viii) of the said Circular stipulated that in no case, the ID and password shall be
denied for getting online access of educational facilities/classes/materials to those students who
are unable to pay the school fee due to financial crisis arising out of closure of business activities.

7. MADRAS HC DIRECTS STATE TO PROVIDE RATION SUPPLIES TO MIGRANT WORKERS

REGARDLESS OF RATION CARDS

Considering the plight of migrant labourers who are without food, the Madras High Court directed
the State Government to provide ration supplies to migrant labourers, after satisfying that they are
really migrant labourers, irrespective of whether they have ration cards or not.

The bench of Justices N. Kirubakaran and V. M. Velumani was informed that the State
Government has announced that ration supplies would be provided only to card holders, while
there are lakhs of migrant labourers, who are without ration cards and they will be put to
unnecessary trouble. It was also brought to the notice of this Court that the Government of West
Bengal has announced that even migrant labourers, who are without ration cards would be
provided with ration materials.

8. MADHYA PRADESH HC DISPOSES PIL AGAINST TIK TOK APP AS ‘INFRUCTUOUS'

The Madhya Pradesh High Court has disposed of a Public Interest Litigation against TikTok
observing that it has become infructuous. One Naman Choubey had approached the court
submitted that the mobile application owned by a Chinese firm named M/s. Bytedance is causing
harmful and hazardous effect on the children and youth of the country who are becoming
addicted to it causing degradation of their mental health, moral ethics and sense of judgement.
He sought a direction to TRAI and Government to initiate remedial/penal measures against the
Chinese company. While disposing the PIL, the bench also granted liberty to the petitioners to
revisit the court in case of arising of any fresh cause of action.

9. RBI MUST MONITOR IMPLEMENTATION OF LOAN MORATORIUM CIRCULAR;

BORROWER ENTITLED TO SEEK MORATORIUM AS A MATTER OF RIGHT FOR
CONTINUITY OF BUSINESS : KARNATAKA HC

The High Court of Karnataka has held that a borrower is entitled to seek loan moratorium on the
basis of the Reserve Bank of India's March 27 circular, on the ground that the non-grant of it
would affect the continuity of business.

While acknowledging that the grant of moratorium as per the RBI circular is the discretion of the
bank, the Court stated that it is "mandatory" for the banks to ensure that continuity of business is
not affected due to the non-grant of moratorium.

The Court added that borrowers can seek the moratorium as a matter of right if they could
establish that the growth and continuity of their business would be affected.

10. LAWYER AND LAW STUDENT WRITE TO ALLAHABAD CJ SEEKING CBI/SIT PROBE
INTO ALLEGED "FAKE ENCOUNTER" OF KANPUR GANGSTER VIKAS DUBEY & AIDES

A letter petition has been addressed to the Chief Justice of the Allahabad High Court seeking an
independent CBI/ SIT enquiry into the alleged police encounter of gangster Vikas Dubey, who was
arrested yesterday from MP's Ujjain, allegedly for killing eight policemen in UP's Kanpur on July 3.

The letter, penned by Supreme Court Advocate Pawan Prakash Pathak and a final year law
student from Delhi University, Abhijeet Kumar Pandey, also seeks an enquiry into the killing of 8
police men and alleged encounter of five aides of Dubey. Highlighting that fake encounters by the
police are nothing but cold-blooded murders, the letter rhetorically remarks, Are Police
encounters exception to the "Rule of Law" and are they an exception to the "Right to Life & Due
procedure" guaranteed under the Indian Constitution?

11. [ORDER VII RULE 11 CPC] IF PLAINT DOES NOT DISCLOSE CAUSE OF ACTION OR
SUIT IS BARRED BY ANY LAW, THE COURT HAS NO OPTION BUT TO REJECT THE PLAINT:
SC

In a judgment delivered, the Supreme Court has observed that the provision of Order VII Rule 11
Code of Civil Procedure regarding 'Rejection of Plaint' is mandatory in nature.

"It states that the plaint "shall" be rejected if any of the grounds specified in clause (a) to (e) are
made out. If the Court finds that the plaintiff does not disclose a cause of action, or that the suit is
barred by any law, the Court has no option, but to reject the plaintiff.", the bench comprising
Justices L. Nageswara Rao and Indu Malhotra said. In this case, the Trial Court, had allowed the
application filed by defendants under Order VII Rule 11(d), CPC holding that the suit filed by the
Plaintiff was barred by limitation. The Suit was for cancellation of the sale deed (which was
executed more than five years ago) on the ground that the sale consideration fixed by the
Collector, had not been paid in entirety by the defendant. The period of limitation for a suit
seeking a relief of cancellation of sale deed is three years, which commences from the date when
the right to sue first accrues.

12. SC ISSUES NOTICE IN PLEA FILED BY AIUDF CHALLENGING DELIMITATION EXERCISE

IN ASSAM

The Supreme Court has issued notice to the Centre and State of Assam in a plea opposing the
delimitation exercise in Assam. Moreover, Centre has been asked to file a Reply in the pleaThe
petition filed by Advocate-on-Record Ajit Pravin Wagh on behalf of All India United Democratic
Front (AIUDF) challenges the promulgation of the Presidential Order of February 28 vide which the
earlier February 8, 2008 notification, deferring the process of delimitation for the State of Assam,
has been rescinded and the process of delimitation of the Assembly and Parliamentary
constituencies of the state has been decided to be resumed.

13. SC NULLIFIES POST-MARCH 31 SALE OF BS-IV VEHICLES ; BARS REGISTRATION OF

SUCH VEHICLES

The Supreme Court recalled its March 27 order which allowed sale of 10% of unsold BS-IV
vehicles for ten days after the lockdown, in areas except Delhi-NCR, after noting that the
automobile dealers sold such vehicles during the lockdown in violation of the order.

Following the recall of the order, the bench headed by Justice Arun Mishra held that such vehicles
sold during lockdown should not be treated as sold, and that the consideration received should
be refunded to the purchasers. The Court also ordered that no such vehicle sold after March 31
should be registered.

14. SCBA CONDEMNS SC MEDICAL & SECURITY STAFF OVER "AVOIDABLE" DEMISE OF
ADV SK DHINGRA WITHIN SC PREMISES; URGES CJI TO ADDRESS THE SHORTCOMINGS
IN ON CAMPUS MEDICAL FACULTIES

The Supreme Court Bar Association has passed a resolution, condemning the failure of the
Supreme Court security staff and the medical personnel at the NDMC run clinic at the premises,
in preventing the "avoidable" demise of Advocate SK Dhingra within the Court complex.

The Association has urged the CJI to ensure that such mishap does not occur in the future and
that medical facilities including ambulance, staff, equipment and life saving medicines are always
made available at the NDMC clinic, to help all needy persons from within the Court complex.The
Association has demanded that the clinics be upgraded and adequate medical facilities be made
available including an ambulance, and trained doctors with competent medical staff.

It has also decided to procure and keep life saving drugs for emergencies, in the SCBA office
itself, and at other appropriate places in Chamber Blocks, in consultation with doctors. 80 year
old lawyer, Mr SK Dhingra, passed away on the July 8, after suffering from a cardiac arrest within
the Supreme Court premises.

15. CRIMINAL APPEAL AGAINST ORDER OF CONVICTION CANNOT BE DISMISSED FOR

DEFAULT: REITERATES SC

The Supreme Court recently set aside a Madras High Court order that had dismissed a Criminal
Appeal against an order of conviction for default. The bench comprising Justices Rohinton Fali
Nariman, Navin Sinha and BR Gavai agreed with the contention put forth by the counsel, relying
on the decision of the Supreme Court in K. S. Panduranga v. State of Karnataka (2013) 3 SCC
721, that an appeal against an order of conviction cannot be dismissed in default but must be
taken up and decided on merits even if the appellant in-person or the counsel representing him, is
not present.

16. RBI MUST MONITOR IMPLEMENTATION OF LOAN MORATORIUM CIRCULAR;

BORROWER ENTITLED TO SEEK MORATORIUM AS A MATTER OF RIGHT FOR
CONTINUITY OF BUSINESS : KARNATAKA HC

The High Court of Karnataka has held that a borrower is entitled to seek loan moratorium on the
basis of the Reserve Bank of India's March 27 circular, on the ground that the non-grant of it
would affect the continuity of business. While acknowledging that the grant of moratorium as per
the RBI circular is the discretion of the bank, the Court stated that it is "mandatory" for the banks
to ensure that continuity of business is not affected due to the non-grant of moratorium. The
Court held that borrowers can seek the moratorium as a matter of right if they could establish that
the growth and continuity of their business would be affected. The court also directed the RBI to
monitor the implementation of the Circular, including verification of whether there are Board-
approved policies formulated by each of the lenders, direct all the banks to submit the Board-
approved policies for approval to the RBI, to approve such board-approved policy, verify if such a
board-approved policy contains objective criteria, and to set up a proper and effective grievance
redressal forum for any aggrieved borrower to approach on account of the improper or non-
implementation of the Policy and/or Circular etc.

17. 'DOORS OF JUSTICE CANNOT BE CLOSED' : SC TELLS NCLAT WHICH STOPPED

COURT WORK AFTER ITS STAFF WAS TESTED POSITIVE FOR COVID 19

"The doors of justice cannot be closed", remarked the Supreme Court while it asked the National
Company Law Appellate Tribunal, which has suspended the court work, to find out a way for
online hearing. The bench comprising of Justice Arun Mishra, S. Abdul Nazeer and Indira
Banerjee was hearing a Special Leave Petition in which the petitioner's counsel submitted that he
has filed an appeal against the order of NCLT, Mumbai before the NCLAT, but the NCLAT has
closed its functioning as one of its employees is suffering from Covid-19. Before this incident on
26th June, NCLAT had been hearing urgent cases through video conferencing mode from June 1.
It had also issued Standard Operating Procedure (SOP) for advocate/authorised representative/
party-in-person for 'Mentioning' the matter for hearing through virtual mode.Before this incident
on 26th June, NCLAT had been hearing urgent cases through video conferencing mode from June
1. It had also issued Standard Operating Procedure (SOP) for advocate/authorised representative/
party-in-person for 'Mentioning' the matter for hearing through virtual mode.