Weekly Legal Updates November Week 4

1. In K.V. Prakash Babu v. State of Karnataka the Supreme Court has held that just the husband getting
involved in extra marital affair, may not be ground for cruelty u/s 498A/ 306 of IPC, but can be the ground
for divorce or other reliefs in a matrimonial disputes under other enactment.

2. The Supreme Court in Amarsang Nathaji vs. Hardik Harshadbhai Patel, has said the mere fact that a
person made a contradictory statement in a judicial proceeding was not by itself always sufficient to justify
prosecution under Sections 199 and 200 of the Indian Penal Code. The apex court said it must be shown that
the defendant has intentionally given a false statement at any stage of the judicial proceedings or fabricated
false evidence for the purpose of using the same at any stage of the judicial proceedings.1

3. In a significant order which is a direct fall out of the worsening of pollution level in Delhi and National
Capital Region (NCR) for nearly two weeks after Diwali when the region was enveloped by thick smog, the
Supreme Court today forthwith banned sale, stocking of all kinds of fire crackers and issuance of new license
in Delhi and NCR region. A bench of Chief Justice T S Thakur and justices A K Sikri and S A Bobde also
specified that no fresh licenses shall be issued for sale and stocking of firecrackers The bench also directed
Central Pollution Control Board to study harmful effects of materials used in firecrackers and submit report
in Supreme Court in 3 months The court was acting on petitions filed by three infants Arjun Gopal, Aarav
Bhandari and Zoya Rao Bhasin, all aged between six months and 14 months, for complete ban on crackers.
Over the last 2 years, Delhi has retained unique distinction of being most polluted city in the world. Levels
of Particulate Matter are highest and across the country, over 7,00,000 deaths occur annually due to air
pollution-related diseases. Studies show citizens of India have 30 per cent lower lung capacity than
Europeans and that the children are worst affected, as their lungs are not fully developed, making their
systems more vulnerable, their petition said.2

4. The Supreme Court on Monday directed the Central Government to frame model rules relating to
administration, selection and appointments of members, infrastructure etc., at all levels of consumer for a
constituted under the Consumer Protection Act, 1986.3

1
http://www.livelaw.in/defendant-making-contradictory-statements-trial-isnt-offence-sc/
2
http://www.livelaw.in/air-pollution-sc-bans-sale-stocking-crackers-issuance-new-licenses-delhi-ncr/
3
http://www.livelaw.in/supreme-court-weekly-round-28/