Legopolis

The Allahabad High Court has ordered the payment of Rs 4,70,000 as compensation to the petitioner, reversing the order of the Motor Accident Claims Tribunal, Muzaffarnagar Authority. The Division Bench of Justice Kaushal Jayendra Thaker and Justice  Ajai Tyagi passed this order while hearing a petition filed by Anil Kumar and others. The appeal has been preferred by the claimants-appellants against the order dated September 22, 2010 passed by Motor Accident Claims Tribunal, Muzaffarnagar in (Anil Kumar and others Vs. Mohammad Aarif and others), whereby the Tribunal awarded a sum of Rs 77,000 as compensation to the claimants with interest at the rate of 8% per annum from the date of order. The claimants-appellants have preferred this appeal for enhancement of quantum. The facts of the case are that a claim petition was filed before the Tribunal by the claimants-appellants with the averments that on February 6, 2009 deceased Upendra Kumar was going to school from his home a...

The Allahabad High Court has ordered the payment of Rs 4,70,000 as compensation to the petitioner, reversing the order of the Motor Accident Claims Tribunal, Muzaffarnagar Authority. The Division Bench of Justice Kaushal Jayendra Thaker and Justice  Ajai Tyagi passed this order while hearing a petition filed by Anil Kumar and others. The appeal has been preferred by the claimants-appellants against the order dated September 22, 2010 passed by Motor Accident Claims Tribunal, Muzaffarnagar in (Anil Kumar and others Vs. Mohammad Aarif and others), whereby the Tribunal awarded a sum of Rs 77,000 as compensation to the claimants with interest at the rate of 8% per annum from the date of order. The claimants-appellants have preferred this appeal for enhancement of quantum. The facts of the case are that a claim petition was filed before the Tribunal by the claimants-appellants with the averments that on February 6, 2009 deceased Upendra Kumar was going to school from his home a...

Court orders are two-dimensional documents. The discussion and debate over court orders forms the basis of the India Legal show on APN News channel, all of which was moderated by Editor-in-Chief Rajshri Rai. In 2021, we covered some major topics that showed up on the legal landscape. Here are a few: A Plea for Justice? Former Chief Justice of India Ranjan Gogoi’s provocatively titled memoir, Justice for the Judge, saw many up in arms at Gogoi’s attempt to repair his reputation over the sexual harassment charges levelled against him. With Gogoi giving TV interviews and irking some Rajya Sabha members over his low attendance, the former CJI’s return to with spotlight was dealt with in an in-depth discussion. Watch the full episode here: https://www.youtube.com/watch?v=FPbEhfd9auw Read full issue here: https://www.indialegallive.com/a-plea-for-justice/ Concerns on Human Rights Day The International Human Rights Day was a time to take a look at issues of human rights violations and ...

Court orders are two-dimensional documents. The discussion and debate over court orders forms the basis of the India Legal show on APN News channel, all of which was moderated by Editor-in-Chief Rajshri Rai. In 2021, we covered some major topics that showed up on the legal landscape. Here are a few: A Plea for Justice? Former Chief Justice of India Ranjan Gogoi’s provocatively titled memoir, Justice for the Judge, saw many up in arms at Gogoi’s attempt to repair his reputation over the sexual harassment charges levelled against him. With Gogoi giving TV interviews and irking some Rajya Sabha members over his low attendance, the former CJI’s return to with spotlight was dealt with in an in-depth discussion. Watch the full episode here: Read full issue here : A Plea for Justice? Concerns on Human Rights Day The International Human Rights Day was a time to take a look at issues of human rights violations and assess the role of the National Human Rights Commission and the draconi...

The Allahabad High Court has acquitted a murder convict while delivering the verdict in a 38-year-old murder case, and sent the other to the Juvenile Justice Board to determine the fine. The Division Bench of Justice Manoj Misra and Justice Sameer Jain set aside conviction awarded to appellant Saleem by the trial court under Sections 302/149, 323 and 147 IPC and acquitted him of all the charges, whereas, observed that the court is of the view that the appropriate punishment ought to be awarded to appellant Brijendra Singh, who was a juvenile on the date of the incident, would be the imposition of a “fine”. During the pendency of the appeal, Brijendra Singh had raised a claim of juvenility on the date of the incident, i.e, July 12, 1980. On his plea, the Court on February 26, 2018 directed the Juvenile Justice Board to hold a proper enquiry in accordance with law as provided under the Juvenile Justice (Care and Protection of Children) Act, 2015 as to whether on the date of occurrenc...

The Allahabad High Court has acquitted a murder convict while delivering the verdict in a 38-year-old murder case, and sent the other to the Juvenile Justice Board to determine the fine. The Division Bench of Justice Manoj Misra and Justice Sameer Jain set aside conviction awarded to appellant Saleem by the trial court under Sections 302/149, 323 and 147 IPC and acquitted him of all the charges, whereas, observed that the court is of the view that the appropriate punishment ought to be awarded to appellant Brijendra Singh, who was a juvenile on the date of the incident, would be the imposition of a “fine”. During the pendency of the appeal, Brijendra Singh had raised a claim of juvenility on the date of the incident, i.e, July 12, 1980. On his plea, the Court on February 26, 2018 directed the Juvenile Justice Board to hold a proper enquiry in accordance with law as provided under the Juvenile Justice (Care and Protection of Children) Act, 2015 as to whether on the date of occurrenc...

The Jamiat Ulama-i-Hind (JUH) moved the Supreme Court on Friday demanding action against those making provocative anti-Muslim speeches across the country. The plea filed by the JUH and scholar and social activist Maulana Syed Mahmood Asad Madani sought the issuance of appropriate directions in relation to the alleged continuous attack on Prophet Mohammad and disparaging remarks by various persons in different parts of the country, attacking the very belief system of the Muslim community at large. In the light of mandatory direction passed in the case of Tehseen Poonawala v Union of India , the petition prays for the report from the Central Government in relation to the action taken by different state mechanisms in relation to alleged hate speeches, more particularly, those targeting the Prophet Mohammad (PBUH). It further prays for an independent committee for compiling all the complaints relating to hate crime in the country and for a court-monitored investigation and prosecution ...

The Manipur High Court has recently ordered status quo and all construction activity discontinued on the land earmarked for the National Games Village at Meitei Lango for building quarters. The Division Bench of Chief Justice Sanjay Kumar and Justice M.V. Muralidaran passed this order during the hearing of a PIL alleging that no relevant legal procedure has been followed for change of land use inasmuch as an area earmarked for a Public Park is now sought to be used for construction of quarters. From the record made available by the petitioners as well as P. Tamphamani, Junior Government Advocate, attached to the office of the Advocate General, Manipur, the Bench found that the subject land was shown as ‘Park A’ in the Layout Plan for National Games Village at Meitei Langol. This land is now sought to be put to a different use. There is, however, no indication or evidence of the prescribed procedure having been followed by the authorities for change of land use. The Court observed th...

The Jamiat Ulama-i-Hind (JUH) moved the Supreme Court on Friday demanding action against those making provocative anti-Muslim speeches across the country. The plea filed by the JUH and scholar and social activist Maulana Syed Mahmood Asad Madani sought the issuance of appropriate directions in relation to the alleged continuous attack on Prophet Mohammad and disparaging remarks by various persons in different parts of the country, attacking the very belief system of the Muslim community at large. In the light of mandatory direction passed in the case of Tehseen Poonawala v Union of India , the petition prays for the report from the Central Government in relation to the action taken by different state mechanisms in relation to alleged hate speeches, more particularly, those targeting the Prophet Mohammad (PBUH). It further prays for an independent committee for compiling all the complaints relating to hate crime in the country and for a court-monitored investigation and prosecution o...

Delhi High Court Chief Justice Justice D.N. Patel on Thursday directed that the High Court and Delhi district courts will take up matters through virtual mode only from January 3 as per the existing arrangement with regard to the listing of cases. Justice Patel said the aforesaid arrangement shall continue till January 15, 2022 when the entire situation shall be reassessed and reviewed. The Registrar and Joint Registrar (Judicial) shall also take up matters through virtual mode only, he said in a statement. In the backdrop of rising Covid-19 cases in the capital, he said: “It’s high time that this Court also takes all the possible precautionary and preventive measures to thwart any possibility of a resurgence of any wave of extreme nature.” Justice Patel observed: “The inputs have also been taken from the President of Delhi High Court Bar Association as well as from the Chairman of Coordination Committee of All District Court Bar Associations of Delhi and other senior office bearers...

2021 was as striking a year as any other for the Supreme Court of India . However, the outgoing year saw the working of the courts hit by the second wave of Covid-19. Despite that, the Apex Court continued with virtual hearings and then physical hearings as things began to get better until Omicron came calling. Here are some key cases the Apex Court heard and passed orders on. Supreme Court stays 3 farm laws, forms 4-member committee The Supreme Court on January 12 stayed the implementation of the three farm laws which were passed by Parliament and approved by President Ram Nath Kovind last year. As per the verbal order, the implementation of the three laws have been stayed till further orders and a committee of agricultural economists would look into the laws and would talk to protesters and the government on this issue and apprise the Court. The stay came in the wake of thousands of farmers from Punjab, Haryana and a few other states laying siege to the capital after their being...

2021 was as striking a year as any other for the Supreme Court of India. However, the outgoing year saw the working of the courts hit by the second wave of Covid-19. Despite that, the Apex Court continued with virtual hearings and then physical hearings as things began to get better until Omicron came calling. Here are some key cases the Apex Court heard and passed orders on. Supreme Court stays 3 farm laws, forms 4-member committee The Supreme Court on January 12 stayed the implementation of the three farm laws which were passed by Parliament and approved by President Ram Nath Kovind last year. As per the verbal order, the implementation of the three laws have been stayed till further orders and a committee of agricultural economists would look into the laws and would talk to protesters and the government on this issue and apprise the Court. The stay came in the wake of thousands of farmers from Punjab, Haryana and a few other states laying siege to the capital after their being d...

Police in Manipur’s Senapati district averted an instance of mob lynching of a man accused of raping a minor on Sunday, December 26. The incident was reported in Song Song village under Mao police station area wherein village residents sentenced the accused to mob lynching. The Mao Police rescued him at great personal risk and sent him to the Senapati women police station for action. The agitated mob wanted to avenge the alleged rape of a minor by lynching the accused. नाबालिग से रेप के मामले में गांव के लोगों ने आरोपी को मॉब लिंचिंग की सजा सुनाई। पुलिस ने काफी मशक्कत के बाद उसे बचाया। #Police #crime pic.twitter.com/1HN8CFkmc9 — APN न्यूज़ हिंदी (@apnlivehindi) December 29, 2021 A video of the incident has surfaced. It can be seen in the video that villagers have surrounded a young man and the police are trying their best to save him. But the residents were not ready to accept it. The mob can be seen savaging the accused youth. In the video, a woman from the crowd can be se...

The Central government has extended the Armed Forces (Special Powers) Act (AFSPA) in the state of Nagaland for a period of another six months by a notification issued by the Ministry of Home Affairs dated December 30, 2021. The Central government is of the opinion that the use of armed security forces in aid of the civil power becomes necessary as the area which comprises of the state of  Nagaland is in a dangerous and disturbed condition, hence the extension is necessary. The Central government while exercising the powers conferred under section 3 of the Armed forces Special Powers Act, 1958the central government hereby declares the whole of the state of Nagaland to be disturbed area for 6 months with effect from December 30, 2021. When a state is under the Armed Forces (Special Powers) Act , the armed forces are empowered to arrest anyone without an arrest warrant and conduct operations. In case someone is shot dead by the security forces, full immunity is provided to the forc...

Healthy democracy can thrive and survive only with a fearless and independent press said Chief Justice of India at an event organised by Mumbai Press Club on Wednesday. He said: “Speaking truth to power and holding up a mirror to society, is an immense responsibility that is extremely difficult to fulfil. There is enormous pressure and stress upon you.” Prasing journalism as a noble profession he said: “It is often said that the legal profession is a noble profession. I can state that the journalist’s job is as noble and is an integral pillar of democracy.” He said: “The freedom of the press is a valuable and sacred right enshrined in the Indian Constitution. Without such a freedom, there cannot be discussion and debate that is essential for the growth of a democracy. There can be no flow of information that the public requires, and that a democracy demands.” Speaking on the demand of the time to be a specialist he said: “To be able to inform the readers and viewers accurately, th...

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