Legopolis

The  Supreme Court  on Tuesday dismissed the plea of self-styled godman Asaram Bapu for interim bail to avail Ayurvedic medical treatment in Uttarakhand, till the reopening of the Court. The matter was listed before the bench comprising Justices Indira Banerjee, V. Ramasubramanian and Bela M. Trivedi. “In this sort of situation, taking an overall view, it’s not an ordinary crime at all. You’ll get all your Ayurvedic treatment in jail,” noted the Bench. Senior Advocate R. Basant, representing Asaram, submitted, “All what is being asked is interim bail for two months for Ayurvedic treatment by an 85-year-old man subject to Court’s condition, so that I can keep my body & soul together. Mercy is all that I’m asking for.” But the bench was not inclined to grant bail to Asaram and dismissed his petition. Supreme Court Issued Notice The Supreme Court had, on June 4, issued notice on a petition filed by convicted godman Asaram Bapu, challenging a Rajasthan High Cou...

The Delhi Government on Tuesday informed the Delhi High Court  that the Government is in the process of evolving a methodology of a single-window system for the clearance of professional bills of empanelled counsels. The Division Bench of Chief Justice D.N. Patel and Justice Jyoti Singh was hearing a plea seeking directions for the clearance of professional fees of advocates. The Bench orally remarked that at least the bills which are pending for more than six months must be cleared. Delhi govt hasn’t cleared counsels’ fees for 4-5 years, says its additional standing counsel Advocate Santosh Kumar Tripathi, representing the Delhi Government, submitted that there is no unified single window system as yet for clearance of bills. But the same is expected to be put in place soon. Additional Solicitor General Chetan Sharma, representing the Centre, submitted that insofar as the Centre is concerned, the direction passed by the High Court has been substantially complied with as...

The  Allahabad High Court  has pulled up the Uttar Pradesh government for not having SOPs/plan regarding proper administration, management and security of hospitals in the state, and directed the state Additional Chief Secretary of Medical Health and Family Welfare to prepare the same within a week. The Division Bench of Justices Surya Prakash Kesarwani and Piyush Agrawal passed this order on August 27, while hearing a Habeas Corpus petition filed by Rahul Yadav. Earlier on August 19, the Court had directed the state government to trace the corpus and place the report before this Bench, however, since the government failed to trace the patient, the Court granted it one more week for the same. The Court directed the DIG/SSP Prayagraj to comply with the order of the Additional Chief Secretary Home and Compliance report as well as the report of SIT so constituted to be submitted before the next date of hearing, which is September 10. Also Read: Supreme Court rejects bail ple...

The Madhya Pradesh High Court has disposed of a PIL, questioning the mining activities of some private respondents in Jabalpur city. The Jabalpur Division Bench of Chief Justice Mohammad Rafiq and Justice Vijay Kumar Shukla heard the PIL on August 24, filed by one Atmaram Awadhiya in 2010, calling in question the mining activities of the Private Respondents, stating that due to mining activities of the respondents, the living standard and condition of local residents of the town has deteriorated and they are suffering badly. The private respondents have filed their reply and submitted that they are carrying out mining operation after taking permission from the competent authority – the Director of Mines Safety, Jabalpur Region, Jabalpur. It is submitted that as per the order dated March 22, 2006, the respondents are carrying all mining activities between 6:00 a.m. to 10:00 p.m. and no blasting work has ever been done between 10:00 p.m. to 06:00 a.m. It is further submitted that lon...

The Delhi High Court has issued notice to the Centre and the Foreigners Regional Registration Office (FRRO), under the Ministry of Home Affairs, on a petition filed by a Syrian family that came to India on a medical visa, but were unable to return to their homeland due to exorbitant flight charges, owing to the Covid-19 pandemic.  The plea sought directions to FRRO to extend their visa for a period of 45 days, which is expiring on August 31.  A Single-Judge Bench of Justice Rekha Palli directed the FRRO to take expeditious decision on the petitioner’s application for extension of visa before August 31, as their visa was expiring on this date. Entire World reeling under the effect of Covid-19, says Delhi High Court to take compassionate view The court instructed FRRO to take a compassionate view in light of the fact that the entire world was reeling under the effect of Covid-19, ever since the petitioners arrived in India. According to the petition, the petitioners (5 in t...

The Kerala High Court has granted bail to five accused in the Rs 3.5-crore robbery that took place on the National Highway 544, near Kodakara overbridge on April 3, 2021. A Single-Judge Bench of Justice K. Haripal passed this order on August 27, while hearing bail applications filed by one Rouf and other accused under Section 439 of CrPC in a case registered against them at Kodakara Police Station. This was the second bail application moved by the applicants. Their first bail plea was rejected earlier by the Court on the ground that further investigation was still underway. The highway robbery had allegedly taken place on April 3, 2021 at 04:40 a.m, near Kodakara over-bridge on the National Highway, NH 544. The crime was registered on April 7, alleging offence punishable under Section 395 of the IPC, alleging that some identifiable persons had robbed the informant Rs 25 lakh, while he was travelling from Kozhikkode to Ernaklulam in a car. Also Read: Madhya Pradesh HC directs...

By Shivanand Pandit The excruciating burden of high fuel prices on the common man continues unabated. The price of petrol and diesel has reached a record high in many cities of India. And the government has simply put the onus on the UPA dispensation. Union Finance Minister Nirmala Sitharaman mentioned recently that she would not be able to slash excise duties on the prices of petrol and diesel anytime soon, while quoting the load of UPA era oil bonds. She declared that the government was bearing the liability of payments, in lieu of oil bonds issued by the UPA government to subsidise fuel prices, and a substantial amount of money was going into interest payment and settlement of the principal amount. In India, the cost of a litre of petrol or diesel has three elements—the base price of the fuel, the excise duty imposed by the Union government, a dealer’s commission, and the VAT imposed by states. VAT is one of the only source of income for states as it doesn’t fall into the ambit of...

The Supreme Court on Tuesday issued notice on a petition filed by candidates, who had registered for NEET-PG examination and were in advanced stages of pregnancy, seeking change in their centres.  A Bench comprising Justice Uday Umesh Lalit, Justice Ajay Rastogi and newly-elevated Justice Vikram Nath issued notice only for the petitioners, who were pregnant for seven and eight months and also asked the National Board of Examination, if there was any solution for the petitioners in regard to the change in their centre. Senior Advocate Maninder Singh, appearing for the National Board of Examinations, nodded on the same and assured that appropriate steps would be taken for the petitioners, who were in their advanced stages of pregnancy.  The petition was filed by doctors, possessing a recognised degree of Bachelor of Medicine and Bachelor of Surgery (MBBS) awarded by a university or institute in India and registered with the State Medical Council.  The petitioners have a...

The Jammu and Kashmir High Court has recently directed the Principal Government Medical College, Jammu to constitute a medical board for the examination of murder accused Geeta Devi in view of the ailments she has claimed to be suffering from and has cited as grounds for bail. The single-judge bench of Justice Rajnesh Oswal has passed this order disposing of an application for grant of bail primarily on health grounds. It is stated in the application that the petitioner is 51 years of age and was arrested on 23.04.2020 and since then, she has been lodged at District Jail, Amphalla. It is further stated that the petitioner has serious heart ailment, which has the potential of being fatal if not attended to and cared for properly. The petitioner has been falling into depression and with each passing day, her health condition is deteriorating. The Court noted that the petitioner had earlier filed a bail application before the trial court but the same was rejected vide order dated 16.04...

The Madhya Pradesh High Court has directed the state government to take up the process of determination of extents of wards in accordance with the provisions contained in Section 10 of the Madhya Pradesh Municipal Corporation Act, 1956. The Jabalpur Division Bench of Chief Justice Mohammad Rafiq and Justice Vijay Kumar Shukla on August 24 passed the order, while dismissing a petition that sought direction to carry out fresh process of determination of extents of wards in accordance with the provisions of Section 10 of the Madhya Pradesh Municipal Corporation Act, 1956 and Rule 3 of the Madhya Pradesh Municipal Corporation (Extent of Wards) Rules, 1994, within a stipulated period. “Whenever the State Government decides to initiate the process for delimitation or for expansion of wards and if it is found that there is variation of more than 15 percent of population in various wards, then the process be initiated in accordance with the provisions contained in Section 10 of the ...

The Supreme Court on Tuesday upheld the Allahabad High Court order in the case of Supertech Emerald, directing demolition of two 40-storeyed buildings within three months for violation of several building norms along with fire safety norms and other building plans like the UP Apartments Act and the National Building Code 2005. The bench of Justices D.Y. Chandrachud, M.R. Shah and Hima Kohli dictated the relevant part of the judgment in this case and observed that there is a visible collusion between the promoter/ builder of the Emerald Court and NOIDA. It was also observed that in colluding, safety norms were violated and permission of existing RWA and flat owners of 15 towers (already existing) was not taken, as the two towers were well with the same project and not a new phase and their refusal was clearly noted. The bench further directed that the cost of demolition shall be paid by Supertech and the same would be done under the guidance of Council Of Scientific And Industria...

The Delhi High Court on Tuesday adjourned its hearing till tomorrow on a petition challenging the appointment of Gujarat-cadre IPS Officer Rakesh Asthana as the Police Commissioner of Delhi.  The development came after the Division Bench led by Chief Justice D.N. Patel and Justice Jyoti Singh was informed by Advocate Prashant Bhushan that an intervention application has been preferred by the NGO Centre for Public Interest Litigation, but the same is not on record. He further alleged that the petition before the Delhi High Court is a ‘total copy-paste’ of the petition filed by the NGO before the Supreme Court. “This is an abuse of process,” he said.  Advocate B.S. Bagga, representing the petitioner, raised objection on the allegation. He submitted that such allegations should not be made and that they both are on the same ground.  In light of the submission made by Mr Bhushan, the Bench directed that the petition will be taken up along with the the intervention ap...

By Rajbir Deswal Remember Vikas Dubey, who was killed in July 2020? A politician, criminal, don, gangster, murderer, land grabber, terrorist or a heartless monster? It may be recalled that a year back, a raid was conducted in Dubey’s village, Bikru, about 150 km from Lucknow. When the police reached there, they had to face resistance at the village entry itself, which was blocked by Dubey’s henchmen. In all, eight policemen were killed, including a circle officer, a DSP, three sub-inspectors and four constables. Seven others were injured out of a total of 30 policemen. Dubey’s men reportedly planned to burn all these cops in a heap. Dubey absconded immediately after this massacre. The UP government and the police were under immense pressure to catch Dubey, who reportedly surrendered and was later “encountered”. A three-member judicial commission was formed on the direction of the Supreme Court. It tabled its report in the state assembly and gave a clean chit to the police. However, i...

By Vivek K Agnihotri This year on the occasion of the 75th Independence Day celebrations held at the Supreme Court lawns, Chief Justice of India (CJI) NV Ramana lamented the “sorry state of affairs” of lawmaking and parliamentary debate in the country. He observed: “We see a lot of gaps in legislation, there is a lot of ambiguity in making laws.” In the absence of quality debate, courts are unable to fathom the intent and object of new laws, triggering litigation and causing inconvenience to the stakeholders, he added.  This was a scathing indictment of process, procedures and personalities. The comment was made against the backdrop of the dubious distinction of legislative achievements during the monsoon session this year. The session, which began on July 19 and was expected to conclude on August 13 with 20 sittings, ended prematurely amidst din and chaos. Despite this, the Lok Sabha passed 22 bills and the Rajya Sabha, 21, including two money bills. Of these, 21 bills were pas...

The Supreme Court on Tuesday upheld the Allahabad High Court order in the case of Supertech Emerald, directing demolition of two 40-storeyed buildings within three months for violation of several building norms along with fire safety norms and other building plans like the UP Apartments Act and the National Building Code 2005. The bench of Justices D.Y. Chandrachud, M.R. Shah and Hima Kohli dictated the relevant part of the judgment in this case and observed that there is a visible collusion between the promoter/ builder of the Emerald Court and NOIDA. It was also observed that in colluding, safety norms were violated and permission of existing RWA and flat owners of 15 towers (already existing) was not taken, as the two towers were well with the same project and not a new phase and their refusal was clearly noted. The bench further directed that the cost of demolition shall be paid by Supertech and the same would be done under the guidance of Council Of Scientific And Industria...

For the first time in the history of the country, nine new judges took oath as Supreme Court judges in a single day on Tuesday. Chief Justice of India N.V. Ramana administered the oath of office to the new judges, which included three women, also a first in India. With this, the sanctioned strength of the apex court has reached 33, with just one vacancy left. The CJI administered oath to Justices Abhay Shreeniwas Oka, Vikram Nath, Jitendra Kumar Maheshwari, Hima Kohli, B.V. Nagarathna, CT Ravikumar, M.M. Sundresh, Bela Trivedi and P.S. Narsimha. On August 26, the Central government had approved the names sent by the Supreme Court Collegium for elevation to the apex court. The post 9 new Supreme Court judges take oath on a single day, a record appeared first on India Legal . from India Legal https://ift.tt/3BqSx33

For the first time in the history of the country, nine new judges took oath as Supreme Court judges in a single day on Tuesday. Chief Justice of India N.V. Ramana administered the oath of office to the new judges, which included three women, also a first in India. With this, the sanctioned strength of the apex court has reached 33, with just one vacancy left. The CJI administered oath to Justices Abhay Shreeniwas Oka, Vikram Nath, Jitendra Kumar Maheshwari, Hima Kohli, B.V. Nagarathna, CT Ravikumar, M.M. Sundresh, Bela Trivedi and P.S. Narsimha. On August 26, the Central government had approved the names sent by the Supreme Court Collegium for elevation to the apex court. The post 9 new Supreme Court judges take oath on a single day, a record appeared first on India Legal . from Top News of the Day – India Legal https://ift.tt/3BqSx33

Justice Nagarathna was born on October 30, 1962 in Mandya District, Karnataka and has done most of her schooling from Delhi. She is the daughter of former Chief Justice of India ES Venkataramiah. She is also in line to be the first woman Chief Justice of India in 2027. Being in tune with the realities and diversities of people is highly important for a Judge. In her farewell speech at the Karnataka High Court, Justice Nagarathna fondly recalled her time at Sophia High School and Bharitiya Vidya Bhawan and her exposure to the varied and diverse Indian culture. She stated that it was her “firm conviction that one of the binding factors is the Indian Constitution — a legal system committed to the rule of law and an organised hierarchy of courts with a Supreme Court at the apex.” Justice Nagarathna enrolled as an Advocate on October 28, 1987. She practised for 19 years before the Supreme Court of India, Karnataka High Court, Karnataka Administrative Tribunal and Central Administrative Tr...

Senior Advocate P.S. Narasimha was born on May 04, 1963. He was appointed as an Additional Solicitor General of India, in 2014 and he subsequently resigned in 2018. He is the son of illustrious Justice Sri P. Kodanda Ramayya who played a very important role in publication of major Sanskrit texts with commentaries in Telugu language through Arsha Vijnana Trust. He is known for his deep knowledge of Indian traditional intellectual traditions and is an author on Ramayana and Mahabharata.  In the 71-year-old history of the Supreme Court, Hon’ble Senior Advocate P.S. Narasimha is the ninth advocate to be directly elevated from the Bar to the apex court on the recommendation of the Supreme Court Collegium. The Supreme Court Collegium headed by Chief Justice of India, Justice N. V. Ramana recommended nine names to the Central Government including that of Senior Advocate P.S.Narasimha,  former Additional Solicitor General of India, for appointment as judges of the Supreme Court of I...