Legopolis

The Supreme Court on Tuesday stayed the Uttar Police Notice restraining Yes Bank from transferring and exercising voting rights on its Dish TV shares. The bench of Justices D. Y. Chandrachud, A. S. Bopanna and Vikram Nath was hearing Yes Bank’s Special Leave Petition against the November 25 order of the Allahabad High Court dismissing the bank’s plea against an FIR and the consequent notices under Section 102 of the Code of Criminal Procedure. “This will allow a lawless state of affairs,” said Justice Chandrachud. The bench issued notice on Yes Bank’s plea and stayed the operation of the notice by the police to the bank and also any further action based on the FIR. The police had sent the notice to Yes Bank on November 5 this year. “How could the police restrain someone from transferring shares and also not allow exercising of voting rights on shares?” the bench asked. Appearing for Yes Bank, Senior Advocate Abhishek Manu Singhvi said the police officers issuing notice to freeze ri

The Supreme Court on Tuesday stayed the Uttar Police Notice restraining Yes Bank from transferring and exercising voting rights on its Dish TV shares. The bench of Justices D. Y. Chandrachud, A. S. Bopanna and Vikram Nath was hearing Yes Bank’s Special Leave Petition against the November 25 order of the Allahabad High Court dismissing the bank’s plea against an FIR and the consequent notices under Section 102 of the Code of Criminal Procedure. “This will allow a lawless state of affairs,” said Justice Chandrachud. The bench issued notice on Yes Bank’s plea and stayed the operation of the notice by the police to the bank and also any further action based on the FIR. The police had sent the notice to Yes Bank on November 5 this year. “How could the police restrain someone from transferring shares and also not allow exercising of voting rights on shares?” the bench asked. Appearing for Yes Bank, Senior Advocate Abhishek Manu Singhvi said the police officers issuing notice to freeze ri

In news that would be welcomed by the LGBTQIA+ community, the Delhi High Court on Tuesday has issued notice in a plea seeking live-streaming of proceedings in the same-sex marriage case. The bench of Chief Justice D.N. Patel and Justice Jyoti Singh issued notice to the Centre on the plea filed by three professionals living in Mumbai. Their application said the issue is of great national importance in particular for the LGBTQIA+ community, which constitutes around 8 per cent of the country’s population. Senior Advocate Neeraj Kishan Kaul said his clients represent a large section of the public of the country who are looking forward to the conclusion of these cases. He further said that a lot of people want to attend the proceedings but it is not feasible and neither there is enough space in the courtroom. He concluded by saying that Supreme Court and Centre has been in favour of live-streaming of such proceedings because they are of national interest and this petition falls under th

In news that would be welcomed by the LGBTQIA+ community, the Delhi High Court on Tuesday has issued notice in a plea seeking live-streaming of proceedings in the same-sex marriage case. The bench of Chief Justice D.N. Patel and Justice Jyoti Singh issued notice to the Centre on the plea filed by three professionals living in Mumbai. Their application said the issue is of great national importance in particular for the LGBTQIA+ community, which constitutes around 8 per cent of the country’s population. Senior Advocate Neeraj Kishan Kaul said his clients represent a large section of the public of the country who are looking forward to the conclusion of these cases. He further said that a lot of people want to attend the proceedings but it is not feasible and neither there is enough space in the courtroom. He concluded by saying that Supreme Court and Centre has been in favour of live-streaming of such proceedings because they are of national interest and this petition falls under th

The Supreme Court sought the response of the Delhi government and the Centre on a plea challenging the Aam Aadmi Party government’s decision to allow fresh permits only for e-auto rickshaws. Auto manufacturers complained that autos running on CNG and BSVI petrol are being discriminated against by the denial of permit. Bajaj Auto had moved the Supreme Court for removing the cap on auto rickshaws in the capital where the Apex Court said it could be done after empirical data is collected and determining the number of vehicles which can be tolerated on the roads. Bajaj had referred to EPA reports which sought the removal of the cap of one lakh autos in the city. The said report pointed out the lack or comprehensive public transportation which has led to a huge rise in ownership of vehicles and contributing to pollution. Over 95,000 permits have been issued and more than 4,200 have been reserved by the Delhi transport department for e-auto rickshaws in order to encourage adoption of elec

The Allahabad High Court has granted bail to Jawaharlal Nehru University student Sharjeel Imam, who is accused of making anti-national and inflammatory speeches during the anti-CAA protest at Aligarh Muslim University. A single-judge bench of Justice Saumitra Dayal Singh passed this order while hearing a Criminal Misc Bail Application filed by Sharjeel Imam. The bail application has been filed on behalf of Imam with a prayer to release him on bail in Case under Sections -124A, 153A, 153B and 505(2) IPC, Police Station Civil Lines, District Aligarh, during pendency of trial. The counsel for the applicant submitted that the applicant is accused of offences under Sections 124A, 153A, 153B and 505(2) IPC and against FIR lodged on January 25, 2020, the applicant is in confinement since September 18, 2020. A.K. Sand, Additional Government Advocate I, said the applicant has not been under custody for the said period in this case alone. Earlier, he was confined in another case. As to crimi

The Madhya Pradesh High Court recently disposed of a petition alleging  a teacher was transferred on the ground that he is creating pressure on witnesses of trap case and staff of school and directed the District Education Officer, Chhatarpur to decide the representation of the petitioner within a period of 30 days. Sunil Kumar Jain filed the Petition in the High Court challenging his transfer order dated October 27, 2021 by which petitioner, who is a teacher of biology, was transferred from Government High School Kishangarh Block/Tehsil Bijawar to Government High School Niwar Block/Tehsil Bamhori, District Chhatarpur (MP). It is submitted by counsel appearing for petitioner that petitioner has been transferred on the ground that he is creating pressure on witnesses of the trap case and staff of school. It is further submitted that a trap was conducted against the petitioner on September 1, 2018. Investigation in the case is complete and the statement of the witness has already been

The Supreme Court Advocates-On-Record Association (SCAORA) has requested members of the SCAORA interested and eligible to enroll for empanelment for pro bono services as part of legal aid. The interested candidates should enroll with the Supreme Court Bar Association office on or before December 18, 2021 in the format given in the second page of the PDF attached at the end of this article. A joint circular by SCAORA Honorary Secretary Joseph S. Aristotle and SCBA Honorary Secertary Ardhendumauli Kumar Prasad said the enrolment is pursuant to a meeting of the office-bearers of SCBA and SCAORA with Justice Uday Umesh Lalit, Executive Chairman, National Legal Services Authority (NALSA). It was discussed and decided that legal aid criminal matters relating to imprisonment for more than seven years to be filed or pending before the Supreme Court of India would require pro bono appearances and assistance of Senior Advocates, Advocates with 15 years’ of experience from the date of enrolment

By Sujit Bhar The Trinamool Congress (TMC) is a party of diametrically opposite virtues. At one end, it showcases its almost iconic leader Mamata Banerjee, with a huge victory over the Bharatiya Janata Party (BJP), while at the other end, it can’t even spell Mamata’s so-called ‘Bengal model’ in fiscal terms. At one end, we see 12 of the 17 sitting Congress MLAs in Meghalaya switch sides to TMC, while at the other end, we see the very large Bengali speaking population of Agartala (capital of Tripura) completely reject Mamata, apparently because they saw nothing in that ‘Bengal model’ which would have helped them secure a better future. TMC is a party which is in the news today, because it has, somehow, turned into this mega magnet for disgruntled Congress leaders and workers. People say it is Prashant Kishor’s doing, but without the presence of Mamata, that strategy would have meant zilch. Leaders have moved into the TMC fold in Goa, too, but Goa is a mirage and MP Mahua Moitra, in-ch

By Sujit Bhar The Trinamool Congress (TMC) is a party of diametrically opposite virtues. At one end, it showcases its almost iconic leader Mamata Banerjee, with a huge victory over the Bharatiya Janata Party (BJP), while at the other end, it can’t even spell Mamata’s so-called ‘Bengal model’ in fiscal terms. At one end, we see 12 of the 17 sitting Congress MLAs in Meghalaya switch sides to TMC, while at the other end, we see the very large Bengali speaking population of Agartala (capital of Tripura) completely reject Mamata, apparently because they saw nothing in that ‘Bengal model’ which would have helped them secure a better future. TMC is a party which is in the news today, because it has, somehow, turned into this mega magnet for disgruntled Congress leaders and workers. People say it is Prashant Kishor’s doing, but without the presence of Mamata, that strategy would have meant zilch. Leaders have moved into the TMC fold in Goa, too, but Goa is a mirage and MP Mahua Moitra, in-ch

The Supreme Court on Tuesday listed the sentence hearing in a contempt case against fugitive businessman Vijay Mallya on January 18. India has been trying to extradite the Kingfisher boss from the United Kingdom for the last few years. The bench comprising Justice U.U. Lalit, Justice Ravindra Bhat and Justice Bela Trivedi was hearing the contempt matter involving Mallya, accused in the bank loan default case of over Rs 9,000 crore involving his defunct Kingfisher Airlines. Addressing the Centre, Justice Lalit said the Court has waited long enough for him to come. “That is enough… We cannot wait forever,” said the judge. The bench also said it is up to Mallya to appear in person or advance arguments through his counsel. “The matter has to see the light as it is getting adjourned from 2017 when he was found guilty of contempt. Only sentencing is pending for last four years,” the court said. The court has been waiting for his personal appearance to hear and decide his punishment. The

The Supreme Court on Monday dismissed ITC Limited’s Yippee Masala Noodles plea challenging the order of the Madras High Court, where the High Court refused to prohibit Nestle India Ltd’s Maggi Masala Noodles from using the expressions Magic Masala, Magical Masala with respect to its instant noodles. The bench of Justice B.V. Nagarathna and Justice M.R. Shah refused to interfere with the order passed by the division bench and stated that in this very plea, the words which are specifically challenged are not the trademark of ITC Limited. In fact anybody can use the words ‘Magic’, ’Masala’ or ‘Magic Masala’ as this was not a trademark belonging to ITC and their trademark was altogether different. Senior Advocate Harish Salve, counsel appearing for the petitioner, contended that he was referring to the phonetic confusion which is created in the minds of the public while purchasing the said product. The counsel submitted that the evidence submitted on the same were not accepted and that

The Supreme Court on Tuesday listed the sentence hearing in a contempt case against fugitive businessman Vijay Mallya on January 18. India has been trying to extradite the Kingfisher boss from the United Kingdom for the last few years. The bench comprising Justice U.U. Lalit, Justice Ravindra Bhat and Justice Bela Trivedi was hearing the contempt matter involving Mallya, accused in the bank loan default case of over Rs 9,000 crore involving his defunct Kingfisher Airlines. Addressing the Centre, Justice Lalit said the Court has waited long enough for him to come. “That is enough… We cannot wait forever,” said the judge. The bench also said it is up to Mallya to appear in person or advance arguments through his counsel. “The matter has to see the light as it is getting adjourned from 2017 when he was found guilty of contempt. Only sentencing is pending for last four years,” the court said. The court has been waiting for his personal appearance to hear and decide his punishment. The

By Devender Singh Aswal The farm laws continue to haunt the nation, giving sleepless time to the makers of the laws and the agitating farmers. The Union government has, wisely but belatedly, repealed the controversial farm laws. Repealing of laws is not unprecedented or novel as parliaments across the globe repeal laws when they become archaic, fall into desuetude or become obsolete. However, the repeal of the three farms laws, namely, The Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, 2020, The Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020, and The Essential Commodities (Amendment) Act, 2020 does not fall in any of the aforesaid categories as they were yet to come in operation. In any case, the Supreme Court had temporarily suspended the operation of these laws on them being challenged. Intriguingly, the protracted agitation instead of being called off has fanned the flame of protest with the demand for MSP getti

The Lucknow Bench of the Allahabad High Court on Monday contributed Rs 15,000 for a talented Scheduled Caste student to start her IIT BHU studies in a dual engineering course. The student couldn’t part with the meagre amount because her father was undergoing treatment for kidney ailments and she was at risk of losing the seat. The single-judge bench of Justice Dinesh Kumar Singh directed the joint seat allocation authority and IIT BHU to admit Sanskriti Ranjan in Mathematics and Computing course Bachelor and Master of Technology, dual degree course. Judge Singh noted, “The facts of the case are extraordinary and peculiar in the sense that the petitioner belongs to a Scheduled Caste community. She is a bright student.” Servesh Kumar Dubey and Samta Rao, counsels for the petitioner, submitted that the petitioner was not able to pay Rs 15,000 for seat acceptance as her father has been diagnosed with chronic kidney disease and has been advised for kidney transplant. He has to undergo di

By Vivek K Agnihotri The 82nd All India Presiding Offices’ Conference (AIPOC), held in Shimla from November 17-18, 2021, was a rather lacklustre event. There was ceremonial reiteration of the need to increase the number of sittings of legislative bodies as well as a resolution against ritualistic disruptions during Question Hour, presentation of the budget and addresses by the president/governors. However, there was no consensus on adoption of the report of the committee (headed by CP Joshi, Speaker of the Rajasthan Legislative Assembly) constituted in 2019 to examine the role of the Speakers in cases of disqualification on grounds of defection under the Tenth Schedule (Anti-defection law) of the Constitution. Om Birla, Speaker of the Lok Sabha, was of the opinion that a time limit needs to be prescribed for the presiding officers in deciding matters of disqualification in order to speed up the proceedings. The Tenth Schedule was added to the Constitution in 1985 to combat the evil

The Lucknow Bench of the Allahabad High Court on Monday contributed Rs 15,000 for a talented Scheduled Caste student to start her IIT BHU studies in a dual engineering course. The student couldn’t part with the meagre amount because her father was undergoing treatment for kidney ailments and she was at risk of losing the seat. The single-judge bench of Justice Dinesh Kumar Singh directed the joint seat allocation authority and IIT BHU to admit Sanskriti Ranjan in Mathematics and Computing course Bachelor and Master of Technology, dual degree course. Judge Singh noted, “The facts of the case are extraordinary and peculiar in the sense that the petitioner belongs to a Scheduled Caste community. She is a bright student.” Servesh Kumar Dubey and Samta Rao, counsels for the petitioner, submitted that the petitioner was not able to pay Rs 15,000 for seat acceptance as her father has been diagnosed with chronic kidney disease and has been advised for kidney transplant. He has to undergo di

The Lucknow Bench of the Allahabad High Court has directed action against officers concerned in a case of booking a man under the NDPS Act by calling the alleged drug a narcotic substance  and sending him to jail. A single-judge bench of Justice Pankaj Bhati passed this order while hearing a bail application filed by Ajay Bajpai. The accused-applicant seeks bail in FIR under sections 420, 274, 275, 467, 468, 471 IPC, and section 18(A) (IV)/27 of the Drug and Cosmetic Act, 1940, PS Ganga Ghat, District Unnao. The counsel for the applicant argued that on the basis of the FIR, a consignment of medicines was seized. It also records that on interrogation three accused namely the applicant and two other persons admitted that they were in the business of selling fake medicines and based upon the said statements, the applicant was arrested. The counsel for the applicant further argued that the co-accused namely Sonu Tiwari who was assigned the similar role has been enlarged on bail by the

The Madhya Pradesh High Court recently dismissed a Habeas Corpus petition and observed that it cannot be used as a weapon for production of corpus before the Court when the person is not in illegal detention or custody of any other. A Habeas Corpus petition had been filed in the High Court alleging that the wife of the petitioner is in illegal custody and detention of her mother and father. The petitioner made a prayer that the police station be directed to produce the corpus before the High Court and relieve her from illegal custody of her mother and father. A single-judge bench of Justice Vishal Dhagat while perusing the petition, found that petitioner had filed a petition under Section 9 of Hindu Marriage Act, 1955 for Restitution of Conjugal Rights. In said petition, it has been averred by petitioner that the corpus wants divorce from petitioner. She had left the house along with belongings and household articles. She is presently living in Patna with her parents. Considering t

The Meghalaya High Court yesterday directed the Meghalaya government and the North Eastern Indira Gandhi Regional Institute of Health & Medical Sciences (NEIGRIHMS) to list the number of cancer patients in the state and the number of beds and the size of the outpatient block that may be necessary if a stand-alone, super specialty cancer clinic were to be set up in the state. The division bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh heard a PIL pertaining to lack of a super specialty cancer treatment centre in the state. During the hearing on Monday, the state accepted that there is no such Centre and submitted that an oncology wing is being added to the Civil Hospital in Shillong, which is near completion. It is submitted on behalf of the North Eastern Indira Gandhi Regional Institute of Health and Medical Sciences (NEIGRIHMS) that an oncology unit is proposed at such institute and it has also begun in a rudimentary form which is expected to be made into a full

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During the hearing of pollution, the Solicitor General said, the states are not complying with the pollution control orders … fined … sought an answer Demand for SIT investigation on Tripura violence case…the plaintiff said, the state police is not serious about the incident…the court issued notice to the Center and the Tripura government Allahabad High Court seeks reply from UP government on bail plea of ​​Lakhimpur Kheri violence case accused Ashish Mishra, given 10 days to record statements of witnesses. During the hearing in the matter of compensation on Kovid deaths, the Supreme Court expressed concern over the low claims …. asked the states to share detailed data with the Centre The post Video: SIT investigation on Tripura violence case,Allahabad High Court on ​​Lakhimpur Kheri violence case appeared first on India Legal . from India Legal https://ift.tt/3d66BEV

The Supreme Court on Monday issued notice in a plea seeking an SIT probe into the hate crimes against Muslims that took place between October 13 to October 27, 2021, in Tripura. The bench of Justice D.Y. Chandrachud and Justice A.S. Bopanna admitted the PIL against hate crimes that were perpetrated by organized mobs and included damage to mosques, burning of business establishments owned by Muslims, organizing rallies shouting Islamophobic & genocidal hate slogans, and delivering hate speeches targeting Muslims in various parts of Tripura. The petition stated that despite the gravity and sheer magnitude of the incidents, no concrete steps have been taken by the government against the miscreants and rioters and no arrests have been made of persons who were responsible for desecrating mosques or vandalizing shops, and delivering hate speeches targeting Muslims. It is further submitted that the state government is blatantly abusing its position and acting in the most unreasonable &

The Supreme Court has reserved its judgement in a plea filed by the Centre against the order passed by Calcutta High court which stopped the transfer of case concerning disciplinary proceedings against former West Bengal chief secretary Alapan Bandyopadhyay from West Bengal to Delhi. The Bench comprising Justice A.M. Khanwilkar and Justice C.T. Ravikumar heard the plea and reserved its order.  Solicitor General Tushar Mehta submitted that,  “The incident took place when the Chief Secretary refused to participate in the meeting organised by the PM, he is an all-India service officer and his service cadre is controlled from Delhi. The disciplinary authority is also based in Delhi. The chargesheet is also issued in Delhi. He was given an option to file it at the place where the cause of action arises or at the place where he resides under Rule 6, now that is under the rule i.e. Subordinate legislation. It says that the person who is retired can file it where he is staying but the subord

The Madhya Pradesh High Court has recently directed the respondent authorities to consider the claim of mother of the petitioner in respect of ex-gratia compensation and decide it in accordance with law. A single-judge bench of Justice Vivek Rusia passed this order while disposing a petition filed by one Bharat being aggrieved by the order dated 12/10/2018, whereby Mukhya Abhiyantra, Lok Nirman Vibhag Dashara medan (respondent No.2) , Ujjain has rejected his claim for compassionate appointment. According to the petitioner, his father Gopal Krishna Prajapat died on December 10, 2015 while working as a contingency employee in PWD Ujjain. He submitted his claim for compassionate appointment under the policy dated September 29, 2014. Vide circular dated 31/08/2016, the aforesaid policy has been amended by which instead of Rs 2 lakh as ex-gratia compensation and one of the family members of contingency paid employee is held entitled for compassionate appointment. Despite the aforesaid p