18 Oct 2023

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LEGAL CURRENT AFFAIRS BANSAL ACADEMY OF LAW

18 Oct. 23 { JOIN TELEGRAM - @bansal_academy_of_law }} https://t.me/bansal_academy_of_law (TELEGRAM)


1. India To Invest ₹143 Lakh Crore In Infrastructure By 2030
2. The Ministry of Skill Development & Entrepreneurship unveiled the IndiaSkills 2023-24 program and celebrated
the remarkable achievements of the WorldSkills 2022 winners. India, securing the 11th position in the global
competition last year.
3. Uttar Pradesh Chief Minister Yogi Adityanath revealed the latest addition to the Ujjwala scheme – every beneficiary will receive a free
cooking gas cylinder as a Diwali gift
4. Prime Minister Narendra Modi inaugurated a series of significant maritime projects, including the unveiling of a long-term vision
document for the blue economy. These initiatives are aligned with the ‘Amrit Kaal Vision 2047’ for the Indian maritime blue economy.
5. World Trauma Day, observed every year on 17 October
6. Kati Bihu, also known as Kongali Bihu, is a significant festival celebrated by the Assamese people.
7. Arindam Bagchi Appointed As India’s Ambassador To UN In Geneva
8. India’s Prime Minister, Narendra Modi, has announced ambitious plans to expand the country’s space activities, including sending its first
astronaut to the moon by 2040 and establishing a native space station by 2035.
LEGAL:- { JOIN TELEGRAM - @bansal_academy_of_law }} https://t.me/bansal_academy_of_law (TELEGRAM)
1. The Supreme Court recently held that when notice is returned as ‘unclaimed’, it shall be deemed to be served on the
addressee and considered proper service. The Apex Court also clarified that the word ‘refusal’ can be interpreted as
synonymous to the word ‘unclaimed’. {Priyanka Kumari V. Shailendra Kumar}
2. The Calcutta High Court on Wednesday voiced concerns over the Protection of Children from Sexual Offences Act (POCSO
Act) 'unjustly' conflating consensual acts among adolescents with sexual abuse [Probhat Purkait @ Provat vs State of West
Bengal]. A division bench said there is a need to strike a balance between 'protection' to children and 'criminalising'
adolescents and hence called for decriminalising consensual sexual acts involving adolescents above 16 years.
3. The Kerala High Court on Tuesday held that a wife not preparing food for her husband due to a lack of cooking skills cannot
be termed as cruelty for the purpose of dissolving a marriage.
4. The Calcutta High Court recently held that a teacher merely touching the shoulder of a student to restrain her from copying
in exams would not amount to molestation warranting disciplinary action against him [Anil Kumar Mridha vs Union of
India]. { JOIN TELEGRAM - @bansal_academy_of_law }
5. The Delhi High Court recently ruled interim maintenance cannot be awarded to the wife under Section 24 of the Hindu
Marriage Act,1955 when both spouses possess the same qualifications and are earning equally. The purpose of
Section 24 of the Hindu Marriage Act is to ensure that neither spouse faces financial constraints during matrimonial
proceedings under the law, the Court noted. \
6. T N Susheelamma & ANR AND Chirag Raghavendra & Others… The Karnataka High Court has held that a mother of a
pre-deceased son becomes a Class-I heir in the son’s share in the ancestral and joint family properties, even if
her husband is alive and can claim a share in the property under the Hindu Succession Act.
7. The Kerala High Court recently held a mere demand for dowry or any property or valuable security without the ingredient of
'cruelty' would not attract the offence under Section 498A IPC. It held that when both elements of demand and cruelty are
combined, then liability would be fastened on an accused. Perusing Section 498A IPC, the Court determined that the
following ingredients ought to be satisfied to attract the offence, namely:
a. harassment on account of an unlawful demand for any property or valuable security by the husband or his relatives;
b. such act is towards the wife or her relatives; and
c. the wife or her relatives were subjected to harassment (cruelty) with a view to coerce her or her relatives to meet such
unlawful demand or the harassment is on account of failure to meet such demand.
8. A suit instituted against a dead person believing him to be alive on the date of filing of the suit but later on being discovered
that he has already expired, is a nullity since the very inception. The same shall be deemed not to have been instituted at all.
Since the suit is against a dead person, substitution of legal representatives would also not be permissible under the
provisions of Order 22 Rule 4 of the CPC. However, since the suit has already been filed, which is its physical aspect, a prayer
for its withdrawal ought to be permitted with liberty to file a fresh suit on the same cause of action”, the Madhya Pradesh
court laid down Laxminarayan S/o Late Shri Bheraji & Ors V. Jankibai W/o Late Shri Raghunath Died Through Lrs Smt. Suman
@ Shakuntala & Ors. { JOIN TELEGRAM - @bansal_academy_of_law }

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