In the past few years, NCLT benches in non-metros have heard some big-ticket litigations. More tribunal benches have been set up in cities such as Jaipur, Amravati, Indore and Kochi over the last year. This has opened opportunities for law firms, with many capitalising by either setting offices in tier II or III cities or eyeing to start one.
The Central Pollution Control Board has told the National Green Tribunal that e-commerce giants Amazon and Flipkart need to fulfil their extended producer responsibility under the Plastic Waste Management Rules, 2016 and manage the plastic waste generated due to packaging of their products. The litigation comes amid a global debate on Amazon’s environmentally “irresponsible” functioning.
A Paris court held an in absentia trial of 24 people, most of them dead, linked with the Islamic State in what is being dubbed as a ‘ghost trial’. Of the five accused who were alive, France preferred that they remain in the Middle East due to public opinion firmly against bringing home those who left to fight with the terror group.
There is a conflict going on between the Parliament and Supreme Court in Poland as they have both issued contradictory rulings on appointment of judges. The SC said hundreds of judges chosen under new rules were not sufficiently independent and should no longer hear cases. At the same time, lawmakers approved legislation making it easier to fire critical judges.
Family court judges in the UK could get training on how to appropriately deal with cases of sexual assault allegations after a woman complained about a judge’s “outdated views” on the definition of rape. The woman has won an appeal after arguing that the judge’s approach led to her losing a fight wherein she had accused a man of raping her.
LAW AND TECHNOLOGY
The legal system is likely to face significant changes over the next decade due to innovation brought about by artificial intelligence and big data. Today, artificial intelligence offers a solution to solve or at least make access to justice better and completely transform our traditional legal system.
Businesses living under the threat of bank accounts being attached during a pending goods and services tax inquiry can breathe easy. The Bombay High Court recently ordered that GST officials must not attach bank accounts of petitioners on suspicion of availing input tax credit fraudulently.
Holding that free expression doesn’t include right to disparage others, the Bombay high court in a landmark judgement asked a social media influencer to remove the video in which he asks people to not buy the oil sold by a famous brand.
JUDGEMENT OF THE WEEK
SC – Dismissing the Appeal against the Andhra Pradesh HC judgment, the Hon’ble SC held that the HC spelt out the reasons that have necessitated the addition of the charges under Sections 406 and 420 of IPC. Sec. 216 of the Cr.PC provides the court an exclusive power to change or alter any charge.
The test to be adopted by the court while deciding upon an addition or alteration of a charge is that the material brought on record needs to have a direct link or nexus with the ingredients of the alleged offence.
Addition of a charge merely commences the trial for the additional charges, whereupon, based on the evidence, it is to be determined whether the accused may be convicted for the additional charges. — Hon’ble Justices Dr. Dhananjaya Y. Chandrachud and Hrishikesh Roy [21-01-2020]
Counsel for the Parties – Ms. Rashmi Nandakumar, AOR Mr. Shankar Narayanan, Ms. Ayushma Awasthi, Mr. Mahfooz Ahsan Nazki, AOR Mr. Gowtham Polanki, Ms. Anindita Mitra, AOR Mr. A.T.M. Ranga Ramanujam, Mr. M. A. Chinnasamy, AOR Mr. C. Rubavathi, Mr. V. Senthil Kumar, Mr. P. Rajaram
Read the full judgment with iDRAF (Issue,Decision,Reasoning,Arguments,Facts) by clicking on the judgment heading at the top.