Current Affairs

DAILY CURRENT AFFAIRS (10 JULY 2024)

by | Jul 10, 2024

SUPREME COURT AFFIRMS MAINTAINABILITY OF WEST BENGAL’S SUIT AGAINST UNION

State of West Bengal v. Union of India 

The Supreme Court has ruled that West Bengal’s lawsuit challenging the CBI’s authority to register cases despite the state’s withdrawal of general consent in 2018 is maintainable. Justices BR Gavai and Sandeep Mehta found that the state’s plaint disclosed a legitimate cause of action. The case, filed under Article 131 of the Indian Constitution, will proceed to its next hearing on August 13.

Legal Framework:
  1. Article 131 of the Indian Constitution:
    • Original Jurisdiction: Grants the Supreme Court exclusive jurisdiction to adjudicate disputes between states or between states and the Union.
    • Scope of Jurisdiction: Encompasses any dispute involving the legal rights and obligations of the Union and state governments, including the authority to hear disputes concerning federal principles and state autonomy.
  2. Section 6 of the Delhi Special Police Establishment (DSPE) Act, 1946:
    • Consent Requirement: Requires the Central Bureau of Investigation (CBI) to obtain consent from the state government to exercise its jurisdiction and powers within the state boundaries.
    • Withdrawal of Consent: States have the authority to revoke their consent, which West Bengal exercised in 2018, leading to a challenge regarding the CBI’s jurisdiction to register new cases without state approval.

Source- Supreme Court of India

MUSLIM WOMEN CAN SEEK MAINTENANCE UNDER CRPC: SUPREME COURT

Mohd Abdul Samad v. The State of Telangana & Anr., Special Leave to Appeal (Crl)

The Supreme Court ruled that Muslim women are entitled to seek maintenance under Section 125 of the CrPC. Justices BV Nagarathna and Augustine George Masih dismissed a petition from a Muslim man opposing interim maintenance payments to his divorced wife. The court clarified that the Muslim Women (Protection of Rights on Divorce) Act, 1986 does not supersede the secular provisions of Section 125 CrPC.

Legal Framework:
  1. Section 125 of the Code of Criminal Procedure (CrPC):
    • Objective: Provides a quick and inexpensive remedy for maintenance to individuals, including wives, children, and parents who are unable to support themselves.
    • Secular Provision: Applicable to all citizens irrespective of their religion, ensuring basic financial support to those in need.
  2. Muslim Women (Protection of Rights on Divorce) Act, 1986:
    • Maintenance During Iddat Period: Defines the rights of Muslim women to maintenance during the iddat period following a divorce.
    • Additional Claims: Allows Muslim women to claim maintenance under Section 125 CrPC, as this Act does not preclude them from utilizing broader, secular maintenance provisions.

Source- Supreme Court of India

SUPREME COURT ON IMPLIED REVOCATION OF POWER OF ATTORNEY

THANKAMMA GEORGE VERSUS LILLY THOMAS AND ANOTHER

The Supreme Court has ruled that a Power of Attorney (POA) is impliedly revoked if the principal acts personally, especially if the agent and relevant third parties are aware. The bench of Justices CT Ravikumar and SVN Bhatti held that the principal’s direct action to sell property contradicted the POA, effectively revoking it. The agent’s subsequent sale was deemed void ab initio.

Legal Framework:
  1. Section 201 of the Indian Contract Act, 1872:
    • Termination of Agency: Describes circumstances under which an agency relationship terminates, including revocation by the principal, renunciation by the agent, completion of the business, death, insanity, or insolvency of either party.
  2. Section 207 of the Indian Contract Act, 1872:
    • Revocation Notice: Specifies that the principal may revoke the agent’s authority at any time before the authority has been exercised to bind the principal.
    • Exceptions: Revocation should not harm third parties who have acted in good faith without knowledge of the revocation.
  3. Section 208 of the Indian Contract Act, 1872:
    • Effective Revocation: States that revocation of authority is effective only when it is known to the agent. Transactions carried out by the agent without knowing about the revocation remain valid against third parties acting in good faith.
Elaborative Legal Principles:
  1. Implied Revocation:
    • Definition: Occurs when the principal’s actions or circumstances indicate an intention to revoke the agent’s authority, even if no explicit notice is given.
    • Case Applications: Courts examine the principal’s conduct, subsequent actions, or the occurrence of specific events that imply revocation to determine the agent’s authority’s termination.
  2. Third-Party Protections:
    • Good Faith Transactions: Protects third parties who have engaged in transactions with the agent in good faith, without knowledge of the revocation.
    • Legal Recourse: Ensures that third parties have legal recourse and protection against unauthorized acts by the agent following implied or explicit revocation.

Source- Supreme Court of India

Also Read- DAILY CURRENT AFFAIRS (9 JULY 2024)

 

 

 

Written By Vishakha Khatri

My name is Vishakha Khatri. I am an engineering graduate and a civil service aspirant with a passion for spreading knowledge about Indian polity. I believe that understanding our political system is crucial for every citizen, and I am committed to making this information accessible to everyone in my own easy way. Through my experiences in civil service preparation and my unique perspective as an engineering graduate, I hope to inspire and educate others on the importance of Indian polity.

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