Civil Procedure Code (CPC)

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Private Schools In UP Are Now Under The Purview Of RTI

All private schools in Uttar Pradesh would be now under the purview of the Right to Information Act, 2005. They would have to provide information and appoint public information officers. The ruling was given by the State Information Commission (SIC). Initially, the argument given by the private schools to not provide information was that they were not funded by the state, and hence were excluded from the RTI Act, 2005.

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SC: Right To Summon Document To Be Exercised When Trial Is In Progress And Not When Complete

The case is of Md. Ghouseuddin V. Syed Riazul Hussain. The decision was given by Justice A M Khanwilkar and Justice Sanjiv Khanna. The Supreme Court has observed that the right to summon documents has to be exercised when the trial is in progress and not when the trail is completed. The judgement of the Telangana High Court was set aside and the decision of the Trial Court was upheld. Section 91 of the CrPC empowers the court to issue summons to a person believed to be in possession of a document required for the purposes of trial.

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SC Sets Aside Allahabad HC Direction On Retirement Age

The New Okhla Industrial Development Authority (NOIDA) had taken a decision in September 2012 to increase the retirement age of its employees from 58 years to 60 years. With regard to this, the Allahabad High Court had opined that the decision taken should be given retrospective effect from September 2002. The said judgement of the Allahabad High Court has been set aside by the Supreme Court stating that the enhancement of the superannuation age was a policy matter. The decision was given by the Bench composed of Justice M R Shah and Justice D Y Chandrachud. The case is of NOIDA and Ors. V. B D Singhal and Ors. 

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Lawyer Moves To Delhi HC Challenging IT Rules

A petition has been filed in the Delhi High Court for examining the validity of the controversial Information Technology (Guidelines For Intermediaries And Digital Media Ethics Code) Rules, 2021. The petition has been filed by Advocate Uday Bedi, who has challenged Rule 3 and 4 of the said IT Rules. It has been put forth that the said rules give sweeping powers to the social media intermediaries to remove access to information based on complaints received. 

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Arun Shourie: Presumption Of Constitutionality Does Not Apply To Pre-Constitutional Laws

The former Union Minister, Arun Shourie, has moved to the Supreme Court challenging the constitutional validity of Section 124A of the Indian Penal Code which contains provisions for the offence of sedition. Numerous pleas have been filed on the subject. In the plea, it has been stated that the sedition law is violative of Article 14, 19 and 21 of the Indian Constitution. The plea has been filed by Advocate Prashant Bhushan on behalf of Arun Shourie and NGO Common Cause. 

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