Legal Bites August 2023: Monthly Legal Updates
Here are Legal Bites August 2023 monthly GK updates. The notable happenings of the months were related to the Nokia Patent Case, the Godhra Train Burning Case, Bandhan Bank and so on.
Here are Legal Bites August 2023 monthly GK updates. The notable happenings of the months were related to the Nokia Patent Case, the Godhra Train Burning Case, Bandhan Bank and so on. We have covered all the happenings in the gist so that it helps the readers to remember all legal and current updates about August 2023 most efficiently and easily.
Key Highlights: Legal Bites August 2023
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1) Contempt Cases should not be based on emotions: Supreme Court
On 1st August 2023, the Hon’ble Supreme Court of India through the bench comprising of Justices BR Gavai and S.K. Kaul, while setting aside the order passed by Calcutta High Court, held that the Court shall not act in a hypersensitive manner and must act judiciously while exercising their powers in contempt cases.
2) ANI Tax Evasion Case: Supreme Court Orders Reconsideration of Reward
On 1st August 2023, the Hon’ble Supreme Court directed the reward committee of the Ministry of Finance to reconsider the amount paid to the whistleblower who provided the information of tax evasion by ANI Media Private Limited and was sanctioned an award of Rs. 5.50 Lakhs, which was based on ‘Clause 4.1’ of the Reward to Informer Policy.
3) Elgar Parishad Violence Case: Supreme Court grants bail to the accused
On 2nd August 2023, the Hon’ble Supreme Court granted bail to Vernon Gonsalves and Arun Ferriera who were charged under the Unlawful Activities (Prevention) Act by the National Investigation Agency (NIA).
4) No automated IGST refunds on tobacco products from 01.10.2023
On 2nd August 2023, in order to curb tax frauds, automated refund of Integrated GST (IGST) on the export of pan masala, tobacco, and similar other items will be restricted from October 1, 2023. The items on which automated IGST refund restriction has been imposed include pan masala, unmanufactured tobacco, hookah, gutkha etc.
5) Nuh Violence: Direction issued by Supreme Court
On 2nd August 2023, the Hon’ble Supreme Court issued directions to the Governments of Haryana, Uttar Pradesh and Delhi to take every possible step to prevent hate speech and ensure appropriate deployment in sensitive areas.
6) Relief to DK Shivakumar: CBI Appeal Dismissed
On 3rd August 2023, the Hon’ble Supreme Court through the bench comprising of BR Gavai, CT Ravikumar and Sanjay Kumar, dismissed the appeal filed by the Central Bureau of Investigation (CBI) against the order passed by the Karnataka High Court staying the investigation of disproportionate assets case against DK Shivakaumar, the Deputy Chief Minister of Karnataka.
7) Manipur Violence Case: Supreme Court summons DGP
On 3rd August 2023, the Hon’ble Supreme Court while taking cognizance of the alarming situation of violence, summoned the Director General of Police (DGP) considering the complete breakdown of law order in Manipur.
8) Blocking Orders: X Corp. files Appeal
On 4th August 2023, the X Corp (erstwhile known as Twitter) filed an Appeal at Karnataka High Court against the single judge bench order passed by the same Court. The said case pertains to the blocking orders passed under the Information and Technology Act, which was challenged by the microblogging site and a cost of Rs. 50 Lakhs was imposed by the Single Bench of the Hon’ble High Court.
9) RBI fines 4 PSU for late reporting
On 4th August 2023, the Reserve Bank of India (RBI) imposed late submission fees (LSF) of ₹2,000 crores on ONGC Videsh Ltd (OVL), Indian Oil Corp. Ltd, GAIL (India) Ltd, and Oil India Ltd for delayed reporting of their overseas investments.
10) Modi Surname Issue: Relief for Rahul Gandhi
On August 4th August 2023, the Hon’ble Supreme Court, while hearing the appeal filed by Rahul Gandhi against the order passed by the Hon’ble Gujrat High Court, granted relief to Rahul Gandhi by staying his conviction in the “Modi” surname defamation case.
11) Nokia Patent Case: Oppo’s Plea Dismissed
On August 5th, 2023, the Hon’ble Supreme Court dismissed the appeal filed by Oppo against the order passed by the Hon’ble Delhi High Court, wherein the Hon'ble High Court directed the mobile manufacturer to twenty-three of the total amount generated in India, by infringing the patent owned by Nokia.
12) Bihar Cast Survey: Supreme Court refuses to Grant Stay
On 6th August 2023, the Hon’ble Supreme Court refused to grant a stay in the ongoing caste survey by the Bihar Government while hearing a plea challenging the order passed by the Patna High Court, which upheld the validity of such survey.
13) LIC Mutual Fund takeover of IDBI Mutual Fund Schemes
On 6th August 2023, the LIC Mutual Fund (MF) completed the takeover of schemes of IDBI MF. Out of 20 schemes of IDBI Mutual Funds, 10 have been merged with similar schemes of LIC Mutual Funds and the remaining 10 have been taken over by LIC Mutual Funds
14) Bandhan Bank to disburse Civil Pension
On 7th August 2023, the Reserve Bank of India appointed Bandhan Bank as the authorised pension disbursement bank on behalf of the Central Pension Accounting Office (CPAO) for civil pensioners.
15) Merger of TCCL and TCFSL into Tata Capital Limited (TCL)
On 8th August 2023, the Competition Commission of India (CCI) approved the merger of Tata Cleantech Capital Limited (TCCL) and Tata Capital Financial Services Limited (TCFSL) into Tata Capital Limited (TCL).
16) Petition Filed against Gurugram Mahapanchayat
On 8th August 2023, a petition was filed before the Hon’ble Supreme Court of India against the Gurugram Mahapanchayat which called for an economic boycott of Muslims. The said petition sought the intervention of the Apex Court in the said matter.
17) Bilkis Bano Case: Supreme Court Raises Question on Its Own Order
On 8th August 2023, the Hon’ble Supreme Court while hearing a plea in the Bilkis Bano Case, raised certain queries as to why the writ petition at the instance of convict i.e., Radheshyam Bhagwandas Shah was entertained by the Apex Court and the Gujrat High Court was directed to decide his remission plea, when his request was already refused to be entertained by the Hon’ble High Court earlier.
18) Rape accused should be protected from frivolous allegations: Supreme Court
On 9th August 2023, the Hon’ble Supreme Court through a Bench comprising of Justice BR Gavai and JB Pardiwala held that when a plea before this Court is filed by the rape accused on the grounds that such allegations are false, the Court is duty bound to consider such plea with utmost care since it causes distress and humiliation to an individual.
19) Appointment of CEC and ECs: Bill introduced in Rajya Sabha
On 9th August 2023, the Centre introduced a Bill in Rajya Sabha regarding the appointment of Chief Election Commissioner and Election Commissioners, which prescribes a selection committee comprising the Prime Minister (PM), Leader of the Opposition(LO), and a nominated minister of the cabinet by the Prime Minister. The said bill was moved to change the judgment passed by the Hon’ble Supreme Court through its constitution bench, wherein the Hon’ble Supreme Court held that the appointment shall be done by the President of India on the recommendation made by the selection committee comprising of PM, LO and the Chief Justice of India.
20) Indira Gandhi Smartphone Yojana in Rajasthan
On 10th August 2023, the Rajasthan government launched the Indira Gandhi Smartphone Yojana. Under the scheme, at least 13 million women will receive smartphones with free data for internet and voice calls.
21) ‘SuSwagatam’ Portal Launched
On 10th August 2023, the Chief Justice of India launched the “Suswagatam” portal. The said portal will allow the generation of e-passes to visit the Supreme Court premises without any hustle or queue.
22) Cutoff for sports quota unreasonable: Supreme Court
On 10th August 2023, the Hon'ble Supreme Court through the bench comprising Justice Ravindra Bhatt and Aravind Kumar struck down the rule introduced by Punjab University which prescribed a minimum of 75% marks for getting admission under the sports quota considering it to be violative of Article 14 of the Constitution.
23) RBI approves Russian banks to open rupee accounts
On 11th August 2023, the Reserve Bank of India approved 34 applications of different Russian banks for opening rupee accounts with Indian banks to facilitate two-way trade in view of sanctions. The accounts have been opened by Russian banks in 14 Indian commercial banks.
24) Basic qualification of teachers for primary education unconstitutional: Supreme Court
On 11th August 2023, the Hon’ble Supreme Court of India quashed the notification issued by the National Council for Teachers Education (NCTE) which prescribed B. Ed as the qualification for school teachers and held that it is not a qualification for teaching at the primary level of classes as the said mandate has no congruity with the Right to Education Act.
25) Viral post quoting CJI declared Mischievous.
On 14th August 2023, the public relations office of the Hon’ble Supreme Court of India issued a clarification regarding the viral post which falsely quoted the Chief Justice of India considering it to be fake, ill-intended and mischievous.
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26) Adani-Hindenburg Issue: Extension sought by SEBI.
On 14th August 2023, the Share Exchange Board of India sought an extension of 15 days in the Adani-Hindenburg issue to conclude its investigation and provide a comprehensive finding report on the said matter.
27) Demolition drive at Sri Krishna Janmabhoomi Mathura: Stay Denied
On 14th August 2023, the Hon’ble Supreme Court of India refused to entertain the plea pertaining to the demolition drive near Shree Krishna Janmabhoomi seeking a stay over the same. However, the Hon’ble Court granted liberty to the Petitioner to approach Allahabad High Court seeking an urgent hearing.
28) Godhra Train Burning Case: Bail to Convicts denied.
On 16th August 2023, the Hon’ble Supreme Court of India refused to grant bail to the 3 convicts of the Godhra Train Burning Case considering it to be a “serious incident”. The Apex Court also held that the convicts played an active role in the said incident and the Court is not inclined to grant bail to them.
29) Counterfeiting of Notes: SC grants relief to the convict
On 16th August 2023, the Hon’ble Supreme Court of India reduced the jail term of the vegetable vendor, who was found guilty of possessing 43 counterfeited notes of Rs.10 after he had gone 451 days of incarceration.
30) Handbook for Setting Aside Patriarchal Stereotypes
On 17th August 2023, the Hon’ble Supreme Court of India released a handbook to be used by Judges for using the gender just language languages replacing words such as chaste woman, seductress, wanton woman, prostitute etc. The handbook has been prepared by Justices Pratibha Singh (Delhi High Court), Justice Moushumi Bhattacharya (Calcutta High Court) and Prof. Jhuma Sen.
31) Abusive Post: No Relief for Ex-MLA
On 18th August 2023, the Hon’ble Supreme Court of India refused to grant relief to the Ex-MLA S Ve Shekhar for making indecent remarks against the woman journalists. The Hon’ble Court observed that the apology by MLA turned Actor would not be enough to waive criminal proceedings.
32) Guidelines for Summoning Government Officer
On 18th August 2023, the Hon’ble Supreme Court considering the draft standard operating procedure (SOP) submitted and the request made by the Central Government through Solicitor General Tushar Mehta, agreed to lay down guidelines for summoning government officials by the Court.
33) No Seat Relinquishment: Supreme Court Reaffirms
On 20th August 2023, the Hon’ble Supreme Court held that those students who have already secured admission in All India Quota for Post Graduation cannot relinquish such seats once the second round of counselling is already concluded.
34) 15-Year-Old Car Ban: Delhi High Court Grants Relief
On 20th August 2023, the Hon'ble Delhi High Court passed a direction against the ban imposed on vehicles older than 15 years and allowed the release of the “end of life” vehicle with the condition that the owner will not ply the same on roads.
35) Antilla Bomb Scare Case: Ex-Cop Granted Bail
On 22nd August 2023, the Hon’ble Supreme Court of India granted bail to the Retd. Mumbai Police Officer Pradeep Sharma was arrested in connection with the Antilla bomb scare case and the killing of well-known businessman Mansukh Hiran.
36) MoU between GAIL and NHAI
On 22nd August 2022, an MoU was signed between GAIL India and the National Highway Authority of India (NHAI) to simplify their infrastructure expansion works, as the country-wide networks of highways and gas pipelines often end up getting in each other’s way amid complex permission and transactional procedures.
37) Penalty on ADIA, TPG Group for false declarations
On 23rd August 2023, the Competition Commission of India levied fines totalling Rs 55 lakh on Abu Dhabi Investment Authority (ADIA) and TPG Group for making false declarations before the regulator while availing the green channel facility in a deal related to the acquisition of a stake in UPL Sustainable Agri Solutions Ltd (UPL SAS).
38) Manholes Inspection: Bombay HC Appoints Panel
On 23rd August 2023, the Hon’ble Bombay High Court formed a panel of Advocates to inspect the manholes in Mumbai in order to ensure they are covered with lids. The said panel will inspect the ground reality by inspecting every ward of the city along with members of civic bodies.
39) Excess Rickshaw Fair: Rickshaw Union approaches High Court
On 24th August 2023, the Karnataka Autorickshaw Union approached the Hon’ble Karnataka High Court through an application to be impleaded as a respondent in the case pertaining to the excess fare charged by ride-sharing platforms such as Ola, Uber etc.
40) Reporting obligations under PMLA: PayPal moves HC
On 24th August 2023, the American payment gateway provider PayPal approached the Hon’ble Delhi High Court challenging the order passed by the single-judge bench of the same Court, wherein the Company was held to be a “payment system operator” under the Prevention of Money Laundering Act (PMLA).
41) CPM Party Office Construction: HC issues direction
On 25th August 2023, the Hon’ble Karnataka High Court expressed its displeasure over the continuing construction of CPM’s party office in Santhanpura against its orders. The Hon’ble Court issued a direction to the district collector of Idukki to file a report for the actions taken against the same.
42) 1 Crore penalty on Airtel
On 26th August 2023, the Competition Commission of India (CCI) imposed a penalty of ₹1 crore on Bharti Airtel for failure to comply with the provisions of Section 6(2) of the Competition Act, 2002. The penalty is with respect to the acquisition of a stake by the company in Bharti Tele media from Warburg Pincus affiliate entity Lion Meadow Investment Limited.
43) Bharat New Car Assessment Programme
On 27th August 2023, the Ministry of Road Transport & Highways intimated that it will launch the Bharat New Car Assessment Programme (Bharat NCAP) to improve road safety by raising the safety standards of motor vehicles up to 3.5 tons in India.
44) PFI leader gets bail in Money Laundering Case
On 27th August 2023, the Hon’ble Supreme Court of India granted bail to Abdul Razak BP, the leader of the Popular Front of India (PFI) in the Money laundering case, with a condition that the accused will surrender his passport in the Court.
45) UPI transactions inches closer to 10 Billion Mark
On 28th August 2023, the National Payments Corporation of India (NPCI) issued data, which revealed that the transactions under the Unified Payment Interface (UPI) touched a new high of Rs 15.34 trillion in the month of July, up 4 per cent from Rs 14.75 trillion in June 2023.
46) Wrestling Federation of India (WFI) Election: SC not to Interfere
On 29th August 2023, the Hon’ble Supreme Court of India while deciding the plea filed against the stay granted by the Punjab and Haryana High Court on the Wrestling Federation of India (WFI) elections, refused to interfere in the said matter and directed the petitioner to approach High Court with their grievances.
47) Deadline for the track and trace system for pharma exports extended
On 29th August 2023, the Directorate General of Foreign Trade (DGFT) extended the deadline for implementing the Track and Trace system for pharmaceutical and drug exports until 1 February 2024. The extension applies to both Small Scale Industries (SSI) and non-SSI manufactured drugs.
48) Lathi charge on Lawyers: SCBA condemns
On 30th August 2023, the Supreme Court Bar Association condemned the “inhuman” police lathi-charge on men and women lawyers at Hapur, Uttar Pradesh, wherein the members of the Hapur Bar Association were protesting on the roads, accusing the police of filing a false case against a woman advocate and were beaten up for the same.
49) Marathi Signboards: SC Nudges Trade Bodies
On 31st August 2023, the Hon’ble Supreme Court through a Bench comprising of justices BV Nagarathna and Ujjal Bhuyan, refused to grant relief in the plea against the law mandating Marathi signboards outside all shops in Maharashtra.
50) Children of “Invalid Marriages” are entitled to get Share
On 31st August 2023, the Hon’ble Supreme Court through a three-judge bench led by Chief Justice DY Chandrachud held that Children from “invalid marriages” are entitled to a share of their parents’ property since they are conferred with legitimacy statutorily.
51) NHAI Launches Rajmargyatra App
On 31st August 2023, the National Highways Authority of India (NHAI) has launched 'Rajmargyatra’. The app offers travellers information on national highways while also ushering in a complaint Redressal system. Users can get real-time weather conditions, timely broadcast notifications, and access to details about nearby toll plazas, petrol pumps, hospitals, hotels, and other essential services. It also comes with an inbuilt complaint Redressal and escalation mechanism.
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