Legopolis

A Patiala House Court granted bail today to two Hindu Sena members who were arrested for the vandalism at the New Delhi residence of Hyderabad MP and AIMIM chief Asaduddin Owaisi.  Metropolitan Magistrate Amardeep Kaur granted bail to Vijay and Sachin Kumar observing that the offence is punishable with less than 7 years of imprisonment and the accused have no previous record. The Hindu Sena members were represented by Advocate Shashi Ranjan Kumar, who submitted that the accused have been falsely implicated in the case. He submitted that the accused has spent substantial time in judicial custody. Lalan Kumar, Additional Public Prosecutor for State, opposed the same and submitted that there is a strong apprehension that if the accused are release on bail, they will abscond. After hearing both sides, the Court observed that the accused were lodged in jail since September 22. The offence is punishable with less than 7 years of imprisonment. The accused have no previou...

The Supreme Court on Thursday reserved its order on a plea against the Bombay High Court judgment, which said that groping a minor without “skin-to-skin contact” cannot be termed as sexual assault, as defined under the Protection of Children from Sexual Offences (POCSO) Act. A three-judge Bench of Justices Uday Umesh Lalit, S. Ravindra Bhat and Bela M. Trivedi directed both the parties to file their written submissions within three days.  Amicus Curiae Siddhartha Dave continued his submissions today. He said, “Catching hold of a hand with sexual intent and removal of salwar includes physical contact as per Section 7, sexual intent comes, even otherwise. Legislature categorised four types of touch and other than the Act, the legislature considered the physical touch.” He read a judgment, where the scope of Section 7 was discussed.  “There is no discussion that skin-to-skin contact is a necessary ingredient of the Section. It goes on the assumption that apart from this, there...

The Supreme Court on Thursday allowed the Overseas Citizens of India (OCI) candidates to participate in the counselling of the National Eligibility-cum-Entrance Test (Undergraduate), 2021 in the general category. While allowing the plea, the bench headed by Justice S. Abdul Nazeer, told ASG Aishwarya Bhati, appearing for the Centre, that there is problem in notification with regard to its timing (the date when it’s passed). The Court was hearing the plea, challenging the March 4 notification   issued by the Ministry of Home Affairs, directing OCI candidates to be treated on par with Non-Resident Indians (NRIs) for the purpose of NEET. This would mean successful OCI candidates would have to pay higher fee paid by NRIs for medical seats in India. The Court noted in its order, “We are of the view that at least for the current academic year 2021-2022, the petitioners are entitled to be considered eligible for all medical seats which the OCIs were eligible for before the issuance of t...

The Delhi High Court on Thursday took suo motu cognisance in the wake of the shocking and gory shootout that occurred inside the Rohini Court Complex on September 24, which left three people dead and one woman lawyer injured. The Division Bench comprising Chief Justice D.N. Patel and Justice Jyoti Singh, issued notice to the Delhi Police Commissioner, the Delhi Government, the Centre and the Delhi High Court Bar Association, among others, and directed the respondents to file suggestions in the form of an affidavit or report on the issue of maintaining safety and security at all court complexes in the national capital. “This court wants valuable suggestions from the respondents for security at all court complexes in Delhi… The respondents shall give their valuable suggestions in the form of an affidavit or report, so that immediately an order can be passed for better security to be installed at court complexes in Delhi,” -noted the High Court. Further, the Bench directed the resp...

The Delhi High Court on Thursday listed a plea filed by Shivani Saxena, one of the accused in the AgustaWestland VVIP Chopper Scam, for disposal on December 7. A Single Judge Bench of Justice Rekha Palli was hearing a plea seeking suspension/withdrawal/cancellation of the Lookout circular (LOC) issued against Shivani Saxena, for allegedly siphoning kickbacks in the AgustaWestland VVIP Chopper deal. Advocate R.K. Handoo, appearing on behalf of the petitioner, informed the court that she is back from Switzerland. On account of the pleadings being complete, he requested the court to schedule the matter for final disposal. Advocate Zoheb Hussain, appearing on behalf of the Enforcement Directorate (ED), apprised the court that the petitioner informed the ED one day before travelling to Switzerland and hence, Consular supervision was not possible. He sought for permission to file an affidavit regarding the same. Shivani was arrested on July 17, 2017 by the ED unde...

The Allahabad High Court has recently sought a report from the District Magistrate, Ballia on the action taken against officials guilty of irregularities in the allocation of contracts in the office of the Chief Medical Officer, Ballia. A single-judge bench of Justice Ajit Kumar passed this order while hearing a contempt application filed by Harendra Nath Tripathi. The contempt application filed under Section 12 of the Contempt of Courts Act, 1971, relates to non-compliance of the order of writ court dated September 28, 2020 passed in PIL No-781 of 2020. The Court said, in the interest of justice, it is necessary to have instructions from the State in the matter of alleged violation of directions of the Court before proceedings further. The Court directed Rohit Verma, Standing Counsel, to accept notice of the contempt application on behalf of the opposite party and obtain instructions regarding allegations made in the affidavit filed in support of the contempt application and the all...

The Madhya Pradesh High Court recently disposed of a PIL seeking a direction to the respondents not to open the meat market on Mahoba Road, Chhatarpur and shift such meat market to some other area. The PIL filed by Govind Tiwari in 2014 further prayed  to quash and set aside the publication of the notice dated 24.7.2012 for allotment of aforesaid land for opening the meat market. Government Advocate for the respondents/State submitted  that construction of meat market was completed in 2012 itself and allotment has also been made and possession has also been given to the allottees and it is being run from the given locations. With regard to the submissions, the Jabalpur Division Bench of Chief Justice Mohammad Rafiq and Justice Vijay Kumar Shukla   disposed of the PIL with a direction to the respondents to ensure that proper hygiene and cleanliness be maintained in the meat market and its surroundings and no pollution is caused in the area in question. D.K. Khare was th...

The Lok Sabha Secretariat on Thursday sought time to apprise the Delhi High Court on the correct proposition of law as per the Constitution as also the Parliamentary Conventions, in respect of the elections for the post of Deputy Speaker of Lok Sabha. The Division Bench comprising Chief Justice D.N. Patel and Justice Jyoti Singh, was hearing a plea pointing out that the office of the Deputy Speaker of Lok Sabha has remained vacant since about 860 days. Senior Counsel Rajshekhar Rao, representing the Lok Sabha Secretariat, informed the Bench that this is not the first time when the office of the Deputy Speaker has remained vacant. Arguing that this is not an aspect within which the jurisdiction of the Court lies, he urged the Bench to grant time to point out the position of law in accordance with the Constitution and the Parliamentary Conventions in this regard. The Bench, while refusing to issue notice in the matter, granted time as prayed for. The matter is fixed for next hearing o...

The Allahabad High Court on Monday directed the Secretary of the UP Secondary Education Service Selection Board, Prayagraj, to take a decision in two months regarding the posting of the selected teacher from the Education Board to the post of principal. A single-judge bench of Justice Saral Srivastava passed this order while hearing a petition filed by Ram Narayan Mishra. The petitioner, in response to an advertisement published by U.P. Secondary Education Service Selection Board dated June 27, 2011 inviting applications for recruitment of Principal in Intermediate College, submitted application for appointment. The petitioner was selected and was allotted Rashtriya Inter College Shahpur, Muzaffarnagar. According to the petitioner, he made his best efforts to join as Principal in the said College but the Committee of Management of the College did not permit him to join the College. The District Inspector of Schools, Muzaffarnagar also wrote a letter dated August 24, 2019 to the Man...

The Delhi High Court on Thursday adjourned a batch of petitions seeking allowing sale and service of ‘Herbal Hookah’ in Delhi, filed by various restaurants, bars and lounges. The single-judge bench of Justice Rekha Palli pulled up the Delhi Government for filling an affidavit without reconsidering its decision, of not allowing sale and service of ‘Herbal Hookah’ in Delhi. On the previous date of hearing, the court had directed   the Delhi Government to reconsider its decision of not allowing sale and service of Herbal Hookah in Delhi.  Rebuking the Delhi Government, Justice Rekha Palli stated, “This is not compliance, you have mentioned the reasons for not allowing sale, but there is no whisper on whether DDMA reconsidered the allowing of sale.” Advocate Nandani Sahni, appearing for the petitioners, sought to place reliance on Narinder S. Chadha and Ors vs Municipal Corporation of Greater Mumbai & Ors, to state that restrictions, apart from the Ciga...

The Madhya Pradesh High Court has recently disposed of a PIL seeking a direction to the respondent authorities to post doctors of various specializations in District Hospital, Umaria and keep all the posts fulfilled. The PIL has been filed by the petitioners Shambhulal Khattar and Gopal Kumar Vaswani. The grievance of the petitioners is that there are 49 posts of various doctors pertaining to various specialties in the District Hospital Umaria. Only 16 doctors were posted in the District Umaria and the hospital, which needed 49 doctors, was functioning with the skeletal infrastructure of 16 doctors only to cater the health needs of the general public. By the recent order dated August 31, 2021, four doctors pertaining to the field of Radiology, Anesthesia, Pediatric and General Surgery have been transferred to various hospitals of other Districts. The transfer of four doctors would adversely affect the medical facilities in the District Hospital, Umaria. These doctors have been transf...

The Supreme Court on Thursday observed that if a vehicle is being used/driven without a valid registration, an insurance claim can be rejected, since it constitutes a fundamental breach of the terms and conditions of the contract of insurance. There should be no fundamental breach of the conditions contained in the contract of insurance, when an insurable incident that potentially results in liability occurs. If on the date of theft, the vehicle had been driven/used without a valid registration, it amounts to fundamental breach, noted the bench of Justices Uday Umesh Lalit, S. Ravindra Bhat and Bela M. Trivedi. In this case, the policy holder had purchased a new Bolero, which had a temporary registration. After the registration lapsed, he travelled outside his residence. He parked outside the guest house premises, from where it was stolen. He claimed insurance, but it was repudiated on the ground that the temporary registration of the vehicle expired. Thereafter, he approached the D...

The Supreme Court on Thursday heard a plea seeking directions to clear the roads blocked due to the farmers’ protest and said redressal can be through judicial forum or parliamentary debates, not by blocking the roads. The Bench, led by Justice Sanjay Kishan Kaul, reiterated its previous contention that the solution lies in the hands of the Centre and the concerned state governments, and that the roads should not be blocked for any reason whatsoever.  Solicitor General Tushar Mehta informed the Court that the agitating farmers refused to join meetings conducted by the High-Level Committee formed pursuant to the orders of the Court. The SG further requested the court to implead them as parties in the present matter.  The Court said the petitioner may not be aware who is representing the farmers as a leader. “If you feel that someone is to be made a party, you will have to make a request,” the bench told the SG.  The Court then adjourned the matter till October 4. ...

The High Court found that pressing a 12-year-old child’s breast without removing her clothes is simply outraging a woman’s modesty under Section 354 of the IPC, not sexual assault under POCSO. On Wednesday, Attorney General (AG) KK Venugopal told the Supreme Court that a Bombay High Court decision acquitting a man of an offence under […] The post The Bombay HC’s skin-to-skin decision will have far-reaching consequences: Attorney General KK Venugopal appeared first on Law Times Journal .

The Delhi High Court has issued notice on a plea filed by a human trafficking victim seeking a compensation of Rs 19 Lakhs under the Delhi Victim Compensation Scheme, 2018. A Single-Judge Bench of Justice Rekha Palli sought response from the Delhi Government, the South District Legal Service Authority and the Delhi Commission for Women. According to the plea, the petitioner comes from a very poor and vulnerable family, residing in a remote area of Meghalaya’s Mowkaiaw village. She was lured and trafficked to Delhi on the pretext of job by her cousin Drabhamon Phawa and others, including Preety, Jenny, Abhinash Das and Barihunshisha Syiem (alias Neha), who were running a trafficking racket in Delhi, where hundreds of girls, including minors, were trafficked and forced into commercial sexual exploitation. The petitioner averred that she was asked to come to Delhi by Drabh...

The Delhi High Court on Thursday rejected the bail application of Avantha Group Promoter Gautam Thapar, who challenged his arrest in connection with the Yes Bank Loan fraud case. A Single Bench of Justice Yogesh Khanna passed this order. The case of money laundering was filed by the Enforcement Directorate (ED) against Gautam Thapar, Avantha Realty Ltd, Oyster Buildwell Pvt Ltd and others, alleging criminal breach of trust, cheating, criminal conspiracy and forgery for diversion and misappropriation of public money during the period 2017 to 2019, after taking cognisance of an FIR lodged by the Central Bureau of Investigation (CBI). Thapar was arrested under the Prevention of Money Laundering Act (PMLA) on August 3, after the agency carried out raids against him and his linked businesses in Delhi and Mumbai. The ED was probing an alleged transaction between his company Avantha Realty, Yes Bank co-founder Rana Kapoor and his wife, who are already being investigated under the PMLA by ...

The Allahabad High Court has granted bail to Manoj alias Payal Kinnar, accused of causing grievous hurt with a sharp weapon and feeding poisonous substances. A Single-Judge Bench of Justice Vivek Kumar Singh passed this order on Monday, while hearing a Criminal Miscellaneous Bail Application filed by the Eunuch. This is the second bail plea on behalf of the applicant. The first bail application was rejected by the Bench on February 1, 2021. It has been contended by the Counsel for the applicant that the applicant has been falsely implicated in the case due to ulterior motives. It is next contended that the victim in his statement u/s 164 Cr.P.C. has not mentioned the name of the prime accused/applicant. He states that the applicant was not present at the date and time of incident. He denied the role of the applicant to such effect that he does not remember who has committed the alleged offence, but it is made sure that the main accused/applicant has no role in the incident. It ...

By Narasimhan Vijayaraghavan Prime Minister Narendra Damodardas Modi famously said: “na khaungaa, na khaane doonga (neither will I indulge in corruption, nor allow anyone else to indulge in it)”. And his electoral pledge was: “If the poor would have not got the right to vote, then I would not have become the ‘Pradhan Sewak’ to serve the people.” Put the two together and you have the magical potion of PM-CARES, said a commentator. Alas, we see politics in anything and everything. We live in such polarised times. Marcus Aurelius told us to “sift and see”. We have lost the “art of good and bad in everything as we indulge in cacophonous ideological food fights”, Harvard Prof Michael Sandel said. We had the inevitable challenge, their staple diet, from The Centre for Public Interest Litigation, which moved the Supreme Court against PM-CARES. It faced three posers: whether the Union government was under any obligation to utilise the National Disaster Relief Fund (NDRF) for tackling Co...

The Supreme Court Collegium has recommended the appointment of total 16 judges in four High Courts of the country, including the Bombay High Court, the Orissa High Court, the Punjab & Haryana High Court, and the Gujarat High Court. The Judicial officers, whose names were approved for appointment as judges in the Bombay High Court, include: 1. A.L. Pansare, 2. S.C. More, 3. U.S. Joshi-Phalke, and  4. B.P. Deshpande. The Collegium further on Wednesday also approved the proposal for elevation of two judicial officers and two Advocates as Judges in the Orissa High Court. These include: Judicial officers: 1. Radha Krishna Pattanaik, and 2. Sashikanta Mishra. Advocates: 1. Aditya Kumar Mohapatra, and 2. Mruganka Sekhar Sahoo. In the same meeting, the Collegium approved the appointment of following Advocates as Judges in the Gujarat High Court: 1. Mauna Manish Bhatt, 2. Samir J. Dave, 3. Hemant M. Prachchhak, 4. Sandeep N. Bhatt, 5. Aniruddha Pradyumna Mayee, 6...

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The Supreme Court Collegium has approved the proposal for elevation of four judicial officers as Judges in the Bombay High Court. The Judicial officers, whose names were approved for elevation at the Collegium meeting on Wednesday, include: 1. Shri A.L. Pansare, 2. Shri S.C. More, 3. Smt. U.S. Joshi-Phalke, and  4. Shri B.P. Deshpande. The Collegium further approved the proposal for elevation of two judicial officers and two Advocates as Judges in the Orissa High Court. These include: Judicial officers: 1. Radha Krishna Pattanaik, and 2. Sashikanta Mishra. Advocates: 1. Aditya Kumar Mohapatra, and 2. Mruganka Sekhar Sahoo. In the same meeting, the Collegium approved the proposal for elevation of following Advocates as Judges in the Gujarat High Court: 1. Mauna Manish Bhatt, 2. Samir J. Dave, 3. Hemant M. Prachchhak, 4. Sandeep N. Bhatt, 5. Aniruddha Pradyumna Mayee, 6. Niral Rashmikant Mehta, and 7. Nisha Mahendrabhai Thakore. Furthermore, the Collegium ap...

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Stubble burning is the practice of intentionally setting fire to the straw stubble that remains after grains, such as rice and wheat, have been harvested. The technique was widespread until the 1990s, when governments increasingly restricted its use. Stubble burning in Punjab and Haryana has been cited as a major cause of air pollution in Delhi since 2002. Consequently, the central government is considering creating a 1,600 km long and 5 km wide green belt from Panipat in Haryana to Porbandar in Gujarat, covering the entire Aravalli range and beyond, and known as the “Green Wall of India”. From April to May and October to November each year, farmers, mainly in Punjab and Haryana, burn an estimated 35 million tonnes of crop waste from their paddy fields after harvesting as a low-cost, straw-disposal practice to reduce the turnaround time between harvesting and sowing for the first (summer) crop and the second (winter) crop. Smoke from this burning produces a cloud of particulates visi...

Law interns are the unsung pillars of the legal fraternity in India and abroad, and are often uncredited for their efforts behind many a legal victory, be it seminal or mundane. Given the importance of law interns, the Gorkela Law Office (Advocate on Record) celebrated the 1st Gorkela Law Office Law Interns Day on Monday, September 27, at the New Maharashtra Sadan, KG Marg, New Delhi. September 27, 2021 also marks 14 years since the establishment of Gorkela Law Office. The law office gave away Best Intern Awards to 10 of their best interns at the ceremony attended by dignitaries. Dr Lal Path Labs Chairman and MD Dr Anand Lal, Additional Solicitor general Rupinder Singh Suri, Supreme Court Bar Association (SCBA) President Senior Advocate Vikas Singh, SCBA Vice President Senior Advocate Pradeep Rai were among the chief guest and invitees who gave away the awards to the chosen interns. September 27 is the Founder’s Day at Gorkela Law Office since its founder Deputy Advocate General Mano...

The Allahabad High Court on Tuesday directed the Prayagraj District Magistrate to appear on September 30 with an explanation as to why the petitioner has been denied the right of claim by not taking action to regularize the Seasonal Collection Amin despite the committee’s recommendation. A Single Bench of Justice Saral Srivastava passed this order while hearing a petition filed by Bhuneshwar Prasad Tiwari. In Pursuant to the order passed by the Court on September 23, 2021, Monika Arya, Additional Chief Standing Counsel on instruction, which is taken on record, submits that 35% post of Collection Amin is to be filled up from amongst Seasonal Collection Amin. She states that there are total sanctioned strength of Collection Amin is 218 out of which, 76 vacancy falls within 35% quota, which is to be filled in by Seasonal Collection Amin, whereas at present, 86 Seasonal Collection Amin against 76 sanctioned post under the said 35% quota are working. Siddharth Khare, Counsel for the...

The Madhya Pradesh High Court has recently disposed a PIL whereby the petitioner was aggrieved by the proposal for construction of community hall in the Mahaneeman Stadium in Gram Panchayat Baghraji, Tehsil Kundam, District Jabalpur. The PIL is filed by Mahima Vishwakarma. Sunil Kumar Pandey, the counsel for the petitioner, submitted that in 2013, a stadium was constructed in the Gram Panchayat Baghraji by the State Government to facilitate and improve sports activities in tribal and rural areas with all necessary requirement to the sportsmen and since the date of construction, all the sportsmen are practicing and doing their exercise in the stadium and the petitioner is also one of the national player from the said stadium. It is further submitted that the said stadium is also used for the sports activities by residents of tribal and rural areas adjoining the stadium and further used for the regular sports competition by the various sports organizations. Counsel for the Petitioner ...

The Delhi High Court has recently granted bail to Rohit Sharma, who is accused of speeding away with a police officer on the bonnet of his car. A single-judge bench of Justice Subramonium Prasad stated: “Applying the law laid down by the Supreme Court to the present case, no doubt the petitioner is charged with an offence under Section 307 IPC and if convicted, the petitioner may be sentenced for life, but that alone cannot be a factum to keep the petitioner in incarceration. The petitioner is an engineering graduate having roots in the society. Most of the witnesses are police witnesses and the petitioner would not be able to influence them. The evidence has already been collected and the chargesheet shall be filed shortly.” It was stated that on June 22, 2021 the accused was travelling in a white car with tinted windows. ASI Vishram and Constable Anup signalled the driver to stop the vehicle, but instead of slowing down, the accused speeded and hit ASI Vishr...