Legal Bites September 2023: Monthly Legal Updates
Here are Legal Bites September 2023 monthly GK updates. The notable happenings of the months were related to the Right of Children to claim from Parents' Property, the Launch of ‘Mashaal’, the PM-Vishwakarma Scheme and so on.
Here are Legal Bites September 2023 monthly GK updates. The notable happenings of the months were related to the Right of Children to claim from Parents' Property, the Launch of ‘Mashaal’, the Dismissal of PIL by the Supreme Court, RBI’s strict norms, PM-Vishwakarma Scheme 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 September 2023 most efficiently and easily.
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Key Highlights: Legal Bites September 2023
1. Protecting Your Rights: Navigating Spousal Support Claims
2. The Path to Becoming a Corporate Lawyer in India: Skills and Insights
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Legal Bites September 2023: Monthly Legal Updates
1) Right of Children to claim from Parents Property in Joint Hindu Families, even if born out of void or voidable marriages
On 1st September 2023, the Supreme Court stated, while hearing a reference to its judgement from the year 2011 in the case Revanadissappa v. Mallikarjun, that adhering to the Hindu Mitakshara system of law, children who were thus born out of void or voidable marriages have a right to claim from their parent’s property in Joint Hindu Families. However, the bench did mention that such claims cannot be made over properties of other coparceners except for the said parents.
2) Launch of ‘Mashaal’ by Goa Governor for 37th National Games
On 2nd September 2023, ‘Mashaal’ was launched by P.S. Sreedharan Pillai for the event of the 37th National Games. The same was organized by the Department of Sports and Youth Affairs and the Sports Authority of Goa. A specially designed website was also launched at the hands of Chief Minister, Dr. Pramod Sawant in the function.
3) The Supreme Court has denied giving any immunity to corrupt public servants in cases prior to the year 2014
On 3rd September, 2023, the apex court stated that its ruling of the year 2014 whereby it had removed all immunities granted to the central government employees at the secretary and the joint secretary level shall be applied retrospectively. Meaning to say, they shall also not be allowed to claim any immunity in cases of corruption brought against them.
4) The Supreme Court has warned SpiceJet that ‘drastic action’ might be taken if its dues to Credit Suisse remain unpaid
On 5th September 2023, the apex court ordered SpiceJet to pay its dues of $1.5 million to Credit Suisse by the 15th of September failing which drastic measures might be taken against the company. The next hearing shall entail strict measures if the dues remain unpaid by the company which is majorly part of a monthly settlement plan and the remaining is the amount which the company failed to pay back to the bank.
5) Dismissal of PIL by Supreme Court challenging the fraudulent conversions of Hindus and Minors
On 6th September 2023, the Supreme Court dismissed a plea that sought directions and steps to be taken by the Central Government against the fraudulent conversions being done of Hindus and minors. While dismissing the plea, the SC stated that it is not in an advisory jurisdiction to involve the central government and asked it to give due regard to the said matter. The court also stated that it has no power to issue the writ of mandamus to the central government in this matter.
6) RBI’s strict norms for quick and efficient identification of willful defaulters
On 7th September 2023, RBI notified that all the lenders have to mandatorily examine all express and incidental aspects in case of willful defaulters where the defaulting outstanding amount is equal to or exceeding Rs. 25 lakh. As soon as an account becomes NPA (Non-performing asset), the same has to be identified within 6 months. In case of resolution of such defaulter by way of either IBC or RBI’s norm, it is important to thereby remove such name from the list.
7) Establishment of GST Tribunals in India: 31 benches in states and UTs
On 8 September 2023, the Ministry of Finance released a notification thereby establishing GSTAT (Goods and Services Appellate Tribunal). This is an important step as currently there is no appellate body and the taxpayers have to approach High Courts in case of any dispute relating to GST. A total of 31 benches are to be set up across 28 states of India and UTs.
8) “There is no fixed meaning for cruelty”- states the Supreme Court while granting divorce sought by the wife in a matter
On 8th September 2023, during the hearing of the Smt. Roopa Soni vs. Kamalnaraya Soni case, the apex court stated that there can be no straight jacket definition for the term ‘cruelty’ and the same can also be inferred from Section 13(1)(i)(a) of the Hindu Marriage Act of 1955. The court thus has the discretion to apply it in its widest sense as per case-to-case basis. The court allowed the divorce in the petition filed by the wife on the grounds of cruelty.
9) 1k Pension approved for transgender community approved by Jharkhand cabinet
On 9th September 2023, the Jharkhand cabinet approved a 1k pension for the transgender community and the same has been included in the backward classes category. They will thus receive the same benefits as that class. The proposal Mukhyamantri Rajya Samajik Suraksha Pension Yojana for transgender people under the social assistance scheme has been approved by the council of ministers. Financial aid per person shall be Rs. 1,000.
10) A fine of Rs. 2000 on an advocate levied by the apex court for sending a junior to court who was ‘unprepared’
On 9th September 2023 SC’s 3-judge bench headed by CJI DY Chandrachud, imposed a fine of Rs. 2000 on the advocate for sending his junior to appear in the court who was not prepared with the matter.
11) LIC Agents’ gratuity limit and insurance coverage raised by the Ministry of Finance
On 9th September 2023, the Ministry of Finance raised the gratuity limit from the previous Rs. 3 lakh to Rs. 5 lakh for LIC agents. This has led to the benefit of approximately 1.3 million LIC agents. The Ministry has also approved family pensions at a 30% uniform rate for wellness of families.
12) Supreme Court refuses to interfere with the ‘menu’ of the midday meal scheme
On 9th September 2023, the SC stated that the UT Administration’s decision to exclude meat products from the midday meal scheme menu was not a legal breach and thus the court could not interfere in the matter. The scheme involves the right to meals for the children and for the menu, as stated by the apex court.
13) Chhattisgarh teacher recruitment matter- apex court takes due notice
On 9th September, 2023 SC admitted the matter concerning the teacher recruitment in Chhattisgarh which is basically about the lack of subject-wise graduation requirements in the qualification criteria of the advertisement that is inviting applications. It is argued that this may lead to unqualified teachers being recruited to teach subjects to the children in schools.
14) Introduction of NRE/NRO Account’s digital opening through YONO
On 10th September 2023, the State Bank of India introduced a brand new facility for its customers by way of the digital opening of accounts for NRIs, both NRE and NRO Accounts that is savings and current account. This can now be done through the bank’s mobile app which is called YONO.
15) Top Producer on GeM portal: Ministry of Coal
On 10th September 2023, the Ministry of Coal took the lead in becoming the top producer and leader on the Government e-Portal that is, the GeM portal. Major contributions have been made by Coal India Ltd. and its subsidiaries. A total of Rs. 23, 363 crore was contributed in September which is approximately 17% more than its target for the Financial year 2023-24.
16) Top Procurer on GeM portal: Ministry of Defence
On 10th September 2023, Ministry of Defence turned out to be the highest procurer on the GeM portal. The same was measured by way of highest order value and order quantity. The procurement of the said ministry has reached an approximate of Rs. 18,790 crores for the month of September. The said highest position has been acquired by the Ministry of Defence out of total 56 ministries.
17) Declaration of 3rd September as ‘Sanatani Dharma Day’ in U.S. city
On 11th September 2023, it was declared that every year on 3rd September in the U.S. city of Kentucky, ‘Sanatani Dharma’ day shall be celebrated. Prior to this, July 20 was declared to be celebrated as the ‘Encyclopedia of Hinduism’ day in Kentucky by former Louisville mayor Greg Fisher.
18) The Apex Court expresses deep concern over street dogs and the resulting accidents, and menace caused due to them
On 11th September 2023, the 3-judge SC bench comprising Chief Justice of India DY Chandrachud, Justice Manoj Misra, and Justice PS Narasimha discussed the growing menace of the street dogs as the present counsel has been attacked by street dogs on his way to the Supreme Court itself. The court stated the necessity for the court to intervene and see what could be done in the matter.
19) Focus on 3 language formula in West Bengal’s new education policy
On 11th September, in order to avoid centralization in the area of education, West Bengal launched its new education policy that would lay emphasis on the three-language formula. The State Education Policy 2023 involves a special focus on the Bengali language for the students of classes 5th-8th standard.
20) Reference of petitions challenging the constitutional validity of Section 124-A made to a bench of 5 judges
On 11th September 2023, the Supreme Court referred all the petitions thereby challenging the constitutional validity of the sedition law, that is Section 124-A of IPC to a bench of at least 5 judges. This reference was made by the SC 3 Judge bench comprising CJI Justice DY Chandrachud, Justice Manoj Misra, and Justice JB Pardiwala. The court refused to defer the hearing for the matter on the Central Government’s request due to the introduction of the new bill for amendment of the penal code in the Parliament.
21) Introduction of PM-Vishwakarma Scheme by Prime Minister Narendra Modi
On 11th September 2023, the PM-Vishwakarma scheme was launched by the Prime Minister. The scheme has an initial outlay of Rs. 13, 000 crore. The aim is to provide a global market to the traditional crafts and products, in order to provide relevant aid to the local craftsmen and artisans in order to compete in the global supply chain. A specific identification has been given to 18 types of craftsmen such as carpenters, boat makers, blacksmiths, hammers and tool kit makers, locksmiths, goldsmiths, potters, sculptors, stone breakers, cobblers, shoesmiths, masons, coir weavers, traditional toy makers, barber garland makers, washermen and tailors.
22) Introduction of new Aircraft Rules, 2023
On 11th September, 2023 the Ministry of Civil Aviation introduced new rules for aircraft security through a gazette notification bearing number G.S.R. 596 (E). The said rules have now superseded the previous rules of 2011 which were in force prior to this.
23) Supreme Court refuses to interfere with the cracker ban in Delhi
On 12th September 2023, the Supreme Court bench comprising Justice AS Bopanna and Justice MM Sundresh stated orally that if there is a ban; the court shall not interfere with it. It asked the petitioner, BJP-MP Manoj Tiwari to burst crackers without any restriction in some other state which has not thereby imposed any ban on the bursting of crackers.
24) Launch of ‘Mobile-Van Program’ by Himachal Pradesh for promoting chemical-free farming
On 12th September 2023, the ‘Mobile-Van Program’ was launched by the Himachal Pradesh Agriculture Department. This has been introduced as a part of the 'Prakritik Kheti Khushhal Kisan Yojana in order to further promote eco-friendly and natural farming. The five-year program also targets reducing the expenses of chemical farming and further increasing income from farming for all the farmers by way of putting to use natural farming methods.
25) Collaboration of IIT Madras and State Government for the ‘Green Hydrogen Initiative’
On 12th September 2023, the said collaboration was pitched with the idea of giving a due boost to the research on industrial research and development needs along with skill development, creating incubators and policy advocacy in the green hydrogen sector. The aim is to make HVIC-TN the hub of industrial R&D requirements to bring green hydrogen at an economical price and scale.
26) Launch of ‘Skill India Digital’ by Dharmendra Pradhan
On 12th September 2023, the Hon’ble Education Minister of India, Shri Dharmendra Pradhan inaugurated the launch of ‘Skill India Digital’ which is aimed to be a comprehensive digital platform. The aim of the platform is to synergize and transform the skills, education, employment, and entrepreneurship landscape of India.
27) The Supreme Court has opined that no entertainment of revision under Section 115 of CPC is to be made for an order rejecting on merits a review of that decree
On 12th September 2023, the Supreme Court during the hearing of the case Rahimal Bathu & Others v. Ashiyal Beevi, stated that: “...where an appealable decree has been passed in a suit, no revision should be entertained under Section 115 of the CPC against an order rejecting on merits a review of that decree. The proper remedy for the party whose application for review of an appealable decree has been rejected on merits is to file an appeal against that decree and if, in the meantime, the appeal is rendered barred by time, the time spent in diligently pursuing the review application can be condoned by the court to which an appeal is filed.”
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28) Formation of a new Working Group on Women Empowerment agreed to be formed by G20 New Delhi Leaders’ Foundation
On 13th September, 2023, the said decision was made in order to incorporate the Chair’s statement as was adopted at the G20 Ministerial Conference for Women Empowerment in Gandhinagar, Gujarat. It has been reinstated by the G20 that gender equality is of fundamental importance and investing in the empowerment of all women and girls, has a multiplier effect in implementing the 2030 Agenda.
29) The Home Ministry has been ordered by the apex court to prepare a comprehensive manual on ‘media briefings by police personnel’
On 13th September 2023, the Supreme Court has passed an order to the Ministry of Home Affairs to prepare a comprehensive manual on ‘media briefings by police personnel’ in criminal cases specifically. 1 month's time has been given to the Director Generals of Police of all the states to give their suggestions on the said matter. The said process of preparing the manual has been time-bound to be completed within 3 months.
30) Tinder’s partnership with CSR for providing additional safety features on its app
On 13th September 2023, Tinder announced its partnership with India’s CSR (Centre for Social Research) in order to garner more safety features for its users in order to make use of the research of the Indian NGO CSR’s research on the intersection of technology and violence against women. This is an additional feature along with the already existing 15 safety features on the app.
31) The Supreme Court has expressed concern over the hiring of contractual staff in NLU Jodhpur and termed the position as ‘undesirable and unacceptable’
On 14th September 2023, during the hearing of an appeal filed by NLU Jodhpur, the Supreme Court expressed its concern over the service regulations of the university whereby it is functioning majorly on the basis of faculty staff that has been hired on a contractual basis. The same concern was previously expressed by the Rajasthan High Court which also struck down some of the service regulations of the university against which it had then approached the apex court.
32) Launch of a unified portal for Agricultural Statistics
On 14 September 2023, the Unified Portal for Agricultural Statistics (UPAg Portal- www.upag.gov.in) was launched by Professor Ramesh Chand who is a member of the NITI Ayog. This has been done with the aim of ‘streamlining and enhancing data management’ specifically in the domain of agriculture.
33) Renaming the Old Parliament building as ‘Samvidhan Sadan’
On 15th September 2023, the Prime Minister of India Narendra Modi proposed that the old building of Parliament be named ‘Samvidhan Sadan’ after both the houses of the parliament are shifted to the new building. The name is aimed to be a tribute to the old leaders who made history in the parliament.
34) Release of man by SC post finding he was juvenile at the time of the commission of the offence
On 15th September 2023, the SC released a man post 12 years of serving a sentence of life imprisonment after finding out that he was a minor at the time he had committed the said offence. The punishment had been accorded for murder committed by him in the year 2005, while he was a juvenile.
35) Dismissal of 14 petitions against Google by Madras High Court due to lack of jurisdiction
On 16th September 2023, the Madras High Court dismissed a total of 14 petitions out of 16 due to lack of appropriate jurisdiction. The petitions had been submitted by Indian startups whereby they challenged the new user billing system of Google. The two petitions that have been allowed are filed by Disney+Hotstar and Testbook. The court stated while dismissing the petitions that the jurisdiction is of the Competition Commission of India and not of the court where they have been filed.
36) Inauguration of ‘Yasho Bhoomi Convention Centre’ by Prime Minister Narendra Modi
On 17th September 2023, the first phase of the YashoBhoomi Convention Centre which is an international convention expo centre was inaugurated by Prime Minister Narendra Modi in Dwarka, New Delhi. The Yashobhoomi Convention Centre houses 15 convention rooms, a grand ballroom and 13 meeting rooms, with a total seating capacity of more than 11,000 delegates.
37) Introduction of the ‘SHREYAS Scheme’
On 18th September 2023, the SHREYAS scheme which is an umbrella scheme comprising 4 sub-schemes which are namely: "Top Class Education for SCs", "Free Coaching Scheme for SCs and OBCs", "National Overseas Scheme for SCs" and "National Fellowship for SCs" was introduced. No state-wise data is to be maintained for these schemes as they are central sector schemes. The objective of the scheme is to provide free coaching to economically backward SC and OBC candidates.
38) NCLAT refuses to investigate the merger of PVR and INOX
On 18th September 2023, The Hon’ble National Company Law Appellate Tribunal (NCLAT) dismissed the appeal which was filed by the Consumer Unity and Trust Society (CUTS). CUTS stated that the said merger would have AAED (appreciable and adverse effect) since the merged entity would now have more than half of the screens in the country. NCLAT stated that since PVR and INOX are one entity post the merger, the said appeal cannot be admitted.
39) Launch of ‘Hello UPI’ by India to increase ease of making payments
On 19th September, 2023, NPCI (National Payments Corporation of India) launched initiatives which are thereby aimed at increasing convenience in making payments. Payments can be made by users through communicating with their smartphones. There are two conversational payment initiatives have been introduced under this ambit by NPCI.
40) Indira Rasoi Scheme to provide meals at a rate of Rs. 8 to villages
On 21st September 2023, the said scheme has been extended in many rural parts and villages of Rajasthan. The aim and target is to provide nutritious food to the economically weaker and vulnerable sections of society. The grant that shall be provided by the State government shall be a total of Rs. 5 lakh and per plate grant shall be of Rs. 17. About 130 million plates have been served as of now by the kitchen villages.
41) The Supreme Court has refused to admit the Haryana Government’s plea for conducting civil judge recruitment by the State Public Service Commission
On 25th September 2023, the Supreme Court rejected the Haryana government’s plea whereby it pleaded that the recruitment of civil judges should be done by the State Public Service Commission instead of the present selection process which involved the said selection to be conducted by a selection committee comprising of the High Court Judges. The main reason as cited by the apex court is the presence of ‘domain knowledge’ in such High Court judges who conduct the selection process.
42) India- 13th Country in the world to issue OIML Certificates
On 26th September 2023, India officially became the 13th country that gained international acceptance for the purpose of issuing OIML certifications. The OIML Certifications stand for the International Organisation of Legal Metrology. This certification is important as a measure of quality assurance in the international market. The OIML Pattern certification is mandatory to be eligible to sell a weight or measure in the International Market.
43) 2026 G20 Summit to be held in the United States
On 26th September 2023, the United States affirmed that they shall be hosting the G20 summit. The same shall be done post Brazil hosting the G20 summit in 2024 and South Africa in the year 2025. The US has affirmed that it shall portray its ‘steadfast commitment’ to the g20 initiatives through its presidency in the year 2026.
44) Supreme Court issues directions to Centre and State for enforcing HIV Act, prioritizes cases of persons who are HIV positive
On 26th September 2023, the apex court asked for speedy implementation of the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 (HIV Act). The court has also directed, under Section 34 of the HIV Act that all cases of HIV-positive persons must be prioritized for early disposal. This direction has been issued to all Courts, Tribunals and quasi-judicial bodies in the country
45) Santiniketan added to the UNESCO’s World Heritage List
On 27th September 2023, Santiniketan which is a town established by Rabindranath Tagore who was a Nobel Laureate was added to UNESCO’s World Heritage List. The town is situated in West Bengal’s Birbhum district. It is the place where Visva-Bharati University’s foundation was laid down by Rabindranath Tagore.
46) Extension of disability pension claim of Army Veteran for 10 years by the Supreme Court
On 27th September 2023, the Supreme Court ruled in favour of an army veteran and granted him a disability pension for another 10 years as per the Pension Regulations for the Army. The said veteran had served the Indian army for a total of 15 years and was discharged post having a cardiac arrest in the year 1987. The tribunal had confined pension to merely 1 year when the regulations stated that it could be granted for 10 years.
47) Suspension of ‘The Liver Doctor’s’ X Account on Bangalore Civil Court’s Order
On 27th September 2023, an ex-parte order was passed by a civil court in Bangalore asking for suspension of the X Account (formerly Twitter account) of Dr Cyriac Abby Philips. A defamation case was filed by the Himalayan Wellness Corporation against him stating that he had made some statements that were derogatory in nature against the products of the company.
48) Stay of defamation case by DMK Newspaper’s defamation case against L Murugan- by the apex court
On 27th September 2023, the Supreme Court has stayed the defamation proceedings against Union Minister Dr. L Murugan and former Tamil Nadu BJP Head initiated by DMK mouthpiece Murasoli Trust. The complaint was filed by the Trust against the BJP leader under Section 499, 500 of IPC in regards to the remarks that he had made in the form of public statements in a press conference that the Trust was operating on Panchami land, which is the land distributed for Dalits in Tamil Nadu.
49) Justice Hima Kohli has emphasized the importance of allowing entry of first-generation lawyers and women advocates
On 28th September 2023, while speaking at the Forbes India-Legal Power List 2022 Finale, the SC judge appreciated the entry of first-generation lawyers and women advocates in the legal arena. She also stated that this is a strong step towards inclusivity and thus shows a brighter future with more opportunities for social justice.
50) The Supreme Court orders an investigation into the production of the fake court order
On 28th September 2023, a fabricated document which was stated to be the apex court’s judgement was resented in a petition. The Supreme Court has ordered an investigation into the matter including investigating the role of the said advocate in the matter. The criminal investigation is to take place for the false order to allow an SLP which was thus produced before the court.
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