Today Updates from court on 22April 2020

1. State & Centre Have Concurrent Power To Fix Sugarcane Prices; No Conflict If State's Price Is Higher Than Centre's 'Minimum Price' : SC
2.Condition To Deposit Amount In Corona Relief Fund For Bail Is Unjust & Improper: Kerala HC
3.Cabinet Approves Ordinance To Amend Epidemic Diseases Act For Stricter Punishments For Offences Against Health Workers
4.100% ST Reservations For Teacher Posts In Scheduled Areas Unconstitutional: SC Constitution Bench
5. Bombay HC & Subordinate Courts To Cancel Summer Vacation If Lockdown Is Lifted Post May 3, Principal Seat To Function 30 Mins Longer
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1. State & Centre Have Concurrent Power To Fix Sugarcane Prices; No Conflict If State's Price Is Higher Than Centre's 'Minimum Price' : SC

A Constitution Bench of the Supreme Court on Wednesday held that both the Centre and the State have concurrent powers to fix the prices of sugarcane. At the same time, the price' fixed by the State Government for sugarcane cannot be lower than the 'minimum price' fixed by the centre, the Court added.Also, it is open to the States to fix the price higher than the price fixed by the Centre.

2.Condition To Deposit Amount In Corona Relief Fund For Bail Is Unjust & Improper: Kerala HC

The Kerala High Court on Tuesday quashed as "improper and unjust", the bail condition imposed by a Sessions Judge that the petitioner should deposit an amount of Rs 25,000/- towards the Corona Relief Fund.
The Single Judge made reference to an earlier order of the High Court where, relying on the decision of the Supreme Court in Moti Ram v. State of Madhya Pradesh, it was held that the imposition of cash security or deposit of any amount for grant of bail is unjust, irregular and improper.

The Sessions Judge while granting bail to the petitioner had directed him to deposit an amount of Rs 25,000/- towards Corona Relief Fund and produce the receipt before the said Court. The petitioner, aggrieved by this, moved the High Court, arguing that the condition is onerous. He relied on the aforesaid decision, wherein the High Court has held that the courts while granting bail shall not direct the accused to make any cash deposit.

3.Cabinet Approves Ordinance To Amend Epidemic Diseases Act For Stricter Punishments For Offences Against Health Workers

The Union Cabinet on Wednesday approved the promulgation of an Ordinance to amend the Epidemic Diseases Act 1897 to provide stricter punishments for attacks against health workers.
The amendment was necessitated in view of reports of incidents of attack and harassment against doctors, nurses, para-medics and Asha workers, said Union Minister for Information and Broadcasting, Prakash Javadekar.
The Ordinance proposes that the police investigation of crimes against medical workers should be over within 30 days, and that the trial should be completed within one year. The punishment ranges from 3 months to 5 years of imprisonment, and fine from Rs 50,000 to Rs 2 lakhs. If the injuries are grievous in nature, the punishment will extend up to seven years imprisonment

The offences will be cognizable and non-bailable. There will be provisions for compensating the personal loss and property damages sustained by health workers.

4.100% ST Reservations For Teacher Posts In Scheduled Areas Unconstitutional: SC Constitution Bench

The Supreme Court on Wednesday held that 100 per cent reservation of teachers belonging to the Scheduled Tribe category at schools situated in "Scheduled Ares" is constitutionally invalid.

5. Bombay HC & Subordinate Courts To Cancel Summer Vacation If Lockdown Is Lifted Post May 3, Principal Seat To Function 30 Mins Longer

The Chief Justice and the administrative Judges of the Bombay High Court have decided that the High Court as well as Court subordinate to it shall not avail Summer Vacation, if lockdown is lifted after May 3, 2020 and before June 7, 2020.

The vacations are scheduled between May 7 and June 7. The said notice states that during this time, the principal seat at Bombay will sit half an hour longer than regular court hours as the day will begin at 10:30 am instead of 11 am. With exception of Bombay, other benches will function for limited hours only.

Following are the timings for each bench -
Principal seat at Mumbai -10:30 a.m. to 1.30 p.m, post lunch from 2:30 p.m. till 5:00 p.m. Dais hour is increased by half an hour.
Nagpur Bench - 9:00 am to 2:30 pm with recess of half an hour in between.
Aurangabad Bench - 10:15 am to 1:30 pm and from 2:15 pm till 4:30 pm. Lunch break of 45 minutes

At Goa 9:00 am to 2:30 pm with recess of half an hour in between.

The said notice clarifies that the Senior Judge at Benches can effect suitable changes in the above timings in consultation with their Colleagues and Bar Members to meet the local needs.
Whereas, for subordinate courts, working hours shall be as they were prior to Covid-19 pandemic.