Case BriefsHigh Courts

Gujarat High Court: The Bench of  Vipul M. Pancholi, J., allowed the application made for granting an anticipatory bail on the grounds that the applicant was a lady, she was a doctor having two minor children and had cooperated with the investigating officer. 

The facts of the case are that the applicant was booked for the offenses punishable under Sections 419, 420, 423, 465, 467, 468, 470, 471, 474, 477-A, 120-B of the Indian Penal Code for which this application was filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail. The counsel for applicant argued that the nature of allegations were such for which custodial interrogation at that stage was not necessary. Additional Public Prosecutor appearing on behalf of the respondent – State opposed grant of anticipatory bail by emphasizing on the gravity of the offence.

The Court allowed the application on the ground that the applicant was a lady; she was a Doctor having two minor children and had cooperated with the investigating officer thus granting her anticipatory bail. [Varsha Madhukar Wagh v. State of Gujarat, 2019 SCC OnLine Guj 127, decided on 22-01-2019]

Conference/Seminars/LecturesLaw School News

New Law College, Bharti Vidyapeeth University, Pune is organising 10 days’ Lecture Series on “Gender, Law and Equality: Emerging Issues” from 1st August to 11th of August, 2018. The concept of gender justice and it’s emerging dimensions are gaining in the global world. The lecture series will focus on understanding the laws, it’s procedural intricacies and judicial decisions aimed at gender justice.
The participants after completing the lecture series will be able to:
(a) Understand gender, gender concepts, and definitions relating to it.
(b) To reflect on gender and gender differences and their implications in society.
(c) To become familiar with the national and international legal framework for gender equality.
Registration Date: 24th-28th  July, 2018
Registration fees : Rs 500 to be paid in cash (College Office)
Registration for non-NLC students: The students can  download the registration form from  www.bvpnlcpune.org. The scanned copy of   the   registration   form   signed   by   the principal, bearing college seal should be sent on   newlawcollege@yahoo.co.in  on  or  before  28th July 2018. The registration fee Rs. 500 can be paid in cash by the students on the first day of program for which receipt will be given them.

Note:

  • Certificate will be given to the participants.
  • No conveyance will be given to the students.
  • The registration is restricted to 2 entries from each college.
The lecture series will be conducted with inputs from expertise including judges, lawyers, academicians and persons having field experience.
For further information, click HERE.
For Registration Form, click HERE.
Hot Off The PressNews

Vide Notification No. 18/2018 dated 9th April, 2018, CBDT has added ‘Transgender’ in the option to select gender while filling Form Number 49A and Form Number 49AA related to PAN application for individual resident and non-resident applicants.

G.S.R. 352(E).—In exercise of the powers conferred by Section 139A read with Section 295 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby makes the following rules further to amend the Income-tax Rules, 1962, namely:—

1. Short, title and commencement.—

(1) These rules may be called the Income–tax (Fourth Amendment) Rules, 2018.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Income-tax Rules, 1962, in Appendix II, in Form number 49A and Form number 49AA, for column number 4 and entries relating thereto, the following item shall be substituted, namely:-

[Notification No. 18/2018/F.No. 370142/40/2016-TPL]

Note: The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, sub-­section (ii) vide Notification Number S.O. 969 (E), dated the 26th March, 1962 and last amended vide Notification Number S.O. 1517(E), dated the 06th April, 2018.

Ministry of Finance

 

Case BriefsSupreme Court

Supreme Court: In the light of the meeting with Google India, Yahoo ! India and Microsoft Corporation (I) Pvt. where all the respondents had agreed to follow the law of this country and not to allow any advertisement or publish any content on their respective search engines, the Court noticed that Google India, Yahoo ! India and Microsoft Corporation (I) Pvt. Ltd. are bound to develop a technique so that, the moment any advertisement or search is introduced into the system, that will not be projected or seen by adopting the method of “auto block”. The said meeting was conducted in pursuance of the order dated 05.07.2016.

The bench of Dipak Misra and C. Nagappan, JJ clarified that if any person tries to avail the corridors of these companies, this devise shall be adopted so that no one can enter/see the said advertisement or message or anything that is prohibited under the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, specifically under Section 22 of the said Act.

Ranjit Singh, Solicitor General had produced a “proposed list of words” like ‘gender selection’, ‘prenatal sex selection’, ‘baby gender selection’, etc., in respect of which when commands are given, there will be “auto block” with a warning and nothing would be reflected in the internet, as it is prohibited in India. Agreeing to this, the counsels appearing on behalf of the search engines said that apart from the aforesaid words, if anyone, taking recourse to any kind of ingenuity, feed certain words and something that is prohibited under the Act comes into existence, the “principle of auto block” shall be immediately applied and it shall not be shown, however, they can only do this when it is brought to their notice.

Stating that it is difficult to accept the submission that once it is brought to their notice, they will do the needful, the Court held that the search engines are under obligation to see that the “doctrine of auto block” is applied within a reasonable period of time. The Court further directed that it has to be an in-house procedure/method to be introduced by the Companies. The matter will be taken up on 16.11.2016 for final disposal. [Sabu Mathew George v. Union of India, 2016 SCC OnLine SC 955 , decided on 19.09.2016]