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Legal weekly: Right to practice religion, Rs. 10 lakhs to the HIV infected destitute rape survivor; Top judgments this week

Legal Weekly is a compilation of the landmark rulings passed by the Supreme Court and the High Courts of the country during the week. Read upon the fundamental right to practice religion and the struck down NDMC bye-laws.

The court said offering prayers was a fundamental right and one cannot interfere in it. However, it stated that as long as the Supreme Court guidelines on sound systems are followed, none shall interfere with the Azaan. (Source: File Photo)

Azaan could not be disturbed if legal sound limits are followed: Madras HC

The loudspeakers in mosques of the Pollachi taluk in Coimbatore were taken down by the Coimbatore Rural Superintendent of Police and the Additional Superintendent of Police, Pollachi without examining the decibel limits. The petitioner had filed a public interest litigation against the SP and the ASP challenging the same.

The court said offering prayers was a fundamental right and one cannot interfere in it. However, it stated that as long as the Supreme Court guidelines on sound systems are followed, none shall interfere with the Azaan.

The court had directed Rs. 3 lakh to the destitute woman for the delay caused by the court in taking a decision.

Rs. 10 lakh compensation to the HIV-infected destitute rape survivor: SC

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The Supreme Court directed the Bihar government to pay Rs. 10 lakhs to a 35-year-old woman who was partly destitute at the time of filing the petition in the Patna High Court. The court directed the amount to be kept in the appellant’s account as fixed deposit for the future of the child and her own.

The HIV-infected rape survivor sought abortion from the high court but the same was denied on the basis of a report formulated by the medical board. The court had directed Rs. 3 lakh to the destitute woman for the delay caused by the court in taking a decision.

An employer is under no pressure to appoint a person having a criminal record: Madhya Pradesh HC

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The appellant in the case had applied for the post of a police constable and had cleared the selection process. However, in the second round of the selection process, it was found out that the applicant had a criminal record and was charged with Section 457 (trespassing or break-in) and 380 (theft in a dwelling house) of IPC.

The court, therefore, ruled that the employers’ decision to not appoint the appellant as a police constable was not “mechanical’ but a “conscious” decision.

In delivering the judgment the court opined that, “If a candidate is to be recruited to the Police service, he must be worthy confidence of an utmost rectitude and must have impeccable character and integrity.”

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Maharashtra, Maharashtra bullock cart races, bullock cart, bullock cart races, Supreme court, maharashtra assembly, maharashtra government, jallikattu, maharashtra news, india news The high court had banned bullock cart racing back in 2014, but after jallikattu in Tamil Nadu, the state of Maharashtra was politically pressured to start bullock cart racing again.

No bullock cart racing until the amendment of Prevention of Cruelty to Animals Act, 1960: Bombay HC

The Bombay High Court directed the state to withhold all bullock cart races until new provisions and rules are not instituted in the Prevention of Cruelty to Animals Act. The high court had banned bullock cart racing back in 2014, but after jallikattu in Tamil Nadu, the state of Maharashtra was politically pressured to start bullock cart racing again.

NDMC Bye-laws, 2009 struck down: DHC

On receiving 28 petitions against the New Delhi Municipal Corporation (NDMC), each petition alleged the civic body of collecting tax on vacant lands and on vacant lands where construction was not allowed. Such lands either fell under the Lutyen’s zone or the Archaeological Survey of India (ASI) regulations.

The bye-laws had been amended and the provision of calculating the rateable value of annual rent on vacant lands (considered for future construction) was changed to a unit area method (UAM).

“The new impugned bye-laws in the present case seek to introduce a completely different system of rateable value than what is provided under the NDMC Act. While the NDMC Act provides for rateable value to be determined on the basis of the annual rent at which the land or building might reasonably be expected to let from year to year, the UAM envisages fixing the UAV with reference to the characteristics of a property and then multiplying the UAV by the area of the vacant land or covered space to find out the ‘annual value’.”

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The court further struck down the NDMC (Determination of Annual Rent) bye-laws, 2009 and directed the civic body to refund the excess tax collected by it.

First published on: 19-08-2017 at 08:37:16 pm
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