Orders and Judgments Duration April 08-22, 2020
“THE SAFETY OF THE PEOPLE SHALL BE THE HIGHEST LAW.”
MARCUS TULLIUS CICERO
- Halliburton offshore Services Inc v. Vedanta Limited & Anr
‘Lockdown Prima Facie In Nature of Force Majeur’ : Delhi High Court (HC) Stays Bank Guarantees’ Invocation
Observing that the lockdown was prima facie in the nature of a force majeure, the Delhi High Court (HC) passed an interim order restraining the invocation of bank guarantees.
- National Green Tribunal (NGT) raises concern over unscientific disposal of Bio-Medical waste generated of Covid-19 Patients
The National Green Tribunal (NGT) on Tuesday raised a concern and urged the State Pollution Control Boards (SPCB) and Pollution Control Committee’s (PCC) to make serious efforts to mitigate possible risk in terms of unscientific disposal of bio-medical waste, arising out of handling of COVID-19 disease.
- Shankar Sakharam Kenjale (Died) through his legal heirs v. Narayan Krishna Gade and another
‘Once a Mortgage, always a Mortgage’ – Right to redeem Mortgage can be extinguished only by process of law: Supreme Court (SC)
The Supreme Court (SC) on Friday decreed a suit filed in 1978 applying the principle that right to redeem a mortgage can be extinguished only by a process known to law. The bench explained the principle as follows:”It is well-settled that the right of redemption under a mortgage deed can come to an end or be extinguished only by a process known to law, i.e., either by way of a contract between the parties to such effect, by a merger, or by a statutory provision that debars the mortgagor from redeeming the mortgage. In other words, a mortgagee who has entered into possession of the mortgaged property will have to give up such possession when a suit for redemption is filed, unless he is able to establish that the right of redemption has come to an end as per law”.
- Supreme Court (SC) directs States and UTs to make safe transit of Prisoners released during National Lockdown
The Supreme Court (SC) of India has directed all States and Union Territories to ensure that prisoners who have been released from jails are provided safe transit so that they can reach their homes in wake of the national lockdown as a result of the Coronavirus (COVID-19) outbreak.
- Amit Agarwal @ Sonu Agarwal v. Union of India through the National Investigation Agency
COVID-19: Jharkhand High Court (HC) extends all interim Orders passed by it & Courts subordinate to it till April 30
In view of the national lockdown imposed by the Central Government and consequent restricted functioning of courts, the Jharkhand High Court (HC) on Tuesday extended the life of all interim orders, including provisional bail orders, passed by it or the courts subordinate to it, till April 30. The said order of extension is applicable to those orders that may have expired or would expire between 16th of March till 14th April, 2020.
- Jerryl Banait v. Union of India & Anr
Supreme Court (SC) issues Directions for ensuring PPEs, Police Protection to Health Workers treating COVID-19
The Supreme Court (SC) on Wednesday directed the Union Ministry of Health and Family Welfare to ensure the availability of appropriate Personal Protective Equipments (PPE) to health workers treating COVID-19 patients in India.
- Shashank Deo Sudhi v. Union of India & Ors
Supreme Court (SC) directs Private and Government Laboratories to Conduct COVID-19 Test free of cost
The Supreme Court (SC) directed that COVID-19 tests should be done free of cost in both Government laboratories and in approved private laboratories. The Government of India has been directed to issue necessary directions in that regard.
- Sarva Hara Jan Andolan through Ulka Mahajan & Anr v. State of Maharashtra & Ors
Ensure basic necessities are provided to stranded Migrants Workers: Bombay High Court (HC)
The Bombay High Court (HC) on Wednesday asked the state Government to ensure that basic necessities like food, drinking water, medicines, healthcare, and hygienic toilet facilities are provided to migrant workers who have been left stranded for weeks in face of the current lockdown due to the pandemic of COVID-19.
ELSEWHERE IN THE WORLD
- Leung Kwok Hung v. Secretary for Justice Chief Executive in Council
Prohibition on face covering masks during Lawful Public Meeting/Processions unconstitutional: Hong Kong High Court (HC)
The High Court (HC) of Hong Kong has held that legal provisions which bar the use of masks or facial covering while participating in a lawful public meeting and public procession are unconstitutional. Section 3 of the Prohibition on Face Covering Regulation provides that a person must not use any facial covering that is likely to prevent identification while the person is at an unlawful assembly, unauthorised assembly, a lawful public meeting or procession.