Legopolis

The Delhi High Court will on Tuesday hear a petition filed by gangster Lawrence Bishnoi, seeking enhancement of his security, in the wake of murder of acclaimed singer Sidhu Moose Wala, apprehending fake encounter by Punjab Police. The petition submitted that there was a possibility of a fake encounter of Lawrence Bishnoi by Punjab Police, after the latter alleged involvement of Bishnoi in the murder of Moose Wala. The petitioner also mentioned the possibility of a rival gang trying to kill him. The petitioner said that at present, his custody should not be given to either Punjab police, or police of any other state. The petition further said that police of other states can also interrogate him in Tihar jail, where he is currently lodged, under the Maharashtra Control of Organised Crime Act. If he has to be produced in the court of another state, then he can also be produced through video-conferencing, added the plea. According to Vishal Chopra, lawyer for Bishnoi, the Delhi Pol...

An appeal has been filed before the Supreme Court challenging a decision by the Gauhati High Court which upheld the Assam Repealing Act of 2020. The Assam Repealing Act of 2020 has turned all the existing madrassas of Assam into regular school with all subjects. An appeal was filed in this regard by Md. Imad Uddin Barbhuiya who states that the act is violative as it does not allow the imparting of religious instructions. The appeal said “The repealing Act of 2020 takes away property coupled with statutory recognition of Madrassa education and the impugned order dated February 12, 2021 issued by the Governor disbands the ‘Assam State Madrasa Board’ created in 1954. It amounts to an arbitrary exercise of both legislative and executive powers and amounts to a denial of the Petitioner Madrassas’ ability to continue as madrassas providing religious instruction coupled with religious education,”  The reason that this Act created ripples is that it repealed two laws – the Assam...

The Supreme Court on Tuesday agreed to hear the special leave petition tomorrow, seeking direction to Odisha government to stop the ‘illegal’ excavation and construction work being carried out at Shree Jagannath Temple in Puri, in order to protect the heritage of Lord Jagannath. The order was passed by a Bench comprising Justice B.R. Gavai and Justice Hima Kohli. The Apex Court also issued notice to Amicus Curiae in the case and also the State Counsel, Senior Advocate Ranjit Kumar. The SLP was filed by Advocate Gautam Das. It contended that the State agencies have been working in gross violation of Section 20A of The Ancient Monuments and Archaeological Sites and Remains Act, 1958. It challenged the ‘illegal’ action of the Government of Odisha in not following the procedure laid down in the 1958 Act and the Ancient Monument & Archaeological Sites and Remains (amendment and validation) Act 2010, in relation to Shree Jagannath temple. The petition alleged that the Government of...

The Allahabad High Court has said that the victim and the accused have a legal right to have a fair, independent and correct investigation of the crime. A Single Bench of Justice Sanjay Kumar Singh heard a Criminal Appeal filed by Akash. During the course of argument, it is pointed out by the counsel for the appellant that in the case, F.I.R was lodged on 22.07.2021 against five accused persons, Gaurav, Govind, Bhola, Neeraj and Akash for the offence under Sections 328, 342, 366A, 376D, 506 IPC and Sections 3/4 POCSO Act. During investigation, after the statement of the victim under Section 161 Cr.P.C, her statement under Section 164 Cr.P.C was recorded by the Magistrate concerned on 17.08.2020 and in both the statements, she has made specific allegation of gang rape against all the five accused persons named in the F.I.R. Thereafter, the Investigating Officer, after getting the second statement (majeed bayan) of the victim recorded on 27.10.2020 on his own through woman Constable ...

An appeal has been filed before the Supreme Court challenging a decision by the Gauhati High Court which upheld the Assam Repealing Act of 2020. The Assam Repealing Act of 2020 has turned all the existing madrassas of Assam into regular school with all subjects. An appeal was filed in this regard by Md. Imad Uddin Barbhuiya who states that the act is violative as it does not allow the imparting of religious instructions. The appeal said “The repealing Act of 2020 takes away property coupled with statutory recognition of Madrassa education and the impugned order dated February 12, 2021 issued by the Governor disbands the ‘Assam State Madrasa Board’ created in 1954. It amounts to an arbitrary exercise of both legislative and executive powers and amounts to a denial of the Petitioner Madrassas’ ability to continue as madrassas providing religious instruction coupled with religious education,”  The reason that this Act created ripples is that it repealed two laws – the Assam...

The Uttarakhand High Court disposed of a Public Interest Litigation filed alleging that certain unscrupulous persons have encroached and diverted the irrigation channel, due to which petitioner is unable to irrigate his agricultural land. The Petitioner is a resident of Village Bhawanpur Talla, Haldwani, District Nainital. The relief sought in this writ petition are as under:-  (a) Issue a writ order or direction in the nature of Mandamus directing the respondent authorities to take immediate action for removing the encroachment from the illegal water channel from private respondents  and to release water as it was continuing earlier in the channels as notified in the revenue map and further suitable action be taken against the encroacher.  (a)(i) Issue a writ order or direction in the nature of Mandamus commanding and directing the respondent authorities  to take immediate action for removal of encroachment from the water canals (gools) which are being notified...

The Delhi High Court on Monday directed the Delhi Police to share the status report on the investigation into the alleged attack and vandalization at Delhi Chief Minister Arvind Kejriwal’s residence with the CM’s Secretariat. The Division Bench of Acting Chief Justice Vipin Sanghi and Justice Sachin Datta is seized of a plea filed by a member of the Aam Aadmi Party in the capital seeking an SIT probe into the vandalism at the official residence of the CM on March 30. During the hearing today, the Delhi Police handed over to the Court its status report in a sealed cover disclosing the steps taken to beef up security arrangements outside CM’s residence, including the decision to curtail protests near the Civil Lines Metro Station. Senior Advocates Abhishek Manu Singhvi and Rahul Mehra, appearing on behalf of AAP MLA Saurabh Bhardwaj, the petitioner, urged the Bench that a copy of the status report be shared with the petitioner. However, the Bench was disinclined for the same on the g...

In the Supreme Court of India Decided on February 1, 2018 Bench: Dr. A.K. Sikri and Ashok Bhushan Citation:(2018) 3 SCC 343 Appellant: Danamma Alias Suman Surpur and Another Respondent: Amar and Others Introduction The Hindu Succession Act, 1956 that codified intestate succession among Hindus, Buddhists, Jains and Sikhs suffered from the problem of being […] The post Danamma vs. Amar 2018 | Case Summary appeared first on Law Times Journal .

A fast-track court of Varanasi will be hearing the two fresh petitions on Monday, which were transferred to the fast track court seeking a ban on the entry of Muslims in the Gyanvapi mosque area. The petition was filed by Advocate Ashwini Kumar Upadhyay through advocate Ashwani Kumar Dubey which states that the property belongs to the official deity and no amount of namaz or illegal possession can take its place. The petition, filed by the Vishwa Vedic Sanatan Sangh, was taken up by Civil Judge Ravi Kumar Diwakar, who had also heard the Gyanvapi mosque case before it was transferred to District Judge Ajay Kumar Vishevesh by the Supreme Court on Friday after understanding the complexity of the issue. The petition seeks permission for the worship of Shivling that was founds the mosque complex . It also requests that the Adi Vishveshwara should be declares as the official owner of Gyanvapi mosque.The right for pray should also be granted to the Hindus. District Judge A.K. Vishevesh...

The Allahabad High Court has put a stay on the recovery action being taken by the state government from the shopkeepers for the spoilage of thousands of tonnes of maize kept in the government shops. A Single Bench of Justice Saumitra Dayal Singh passed this order while hearing a petition filed by Anil Kumar Tiwari. The Court noted that, Submission of the counsel for the petitioner is, it is established from the impugned communication dated 25.1.2022 itself that the petitioner had not indulged in any malpractice or sale of essential commodity, here maize, except in accordance with law. Therefore, no demand could be made from the petitioner for admitted loss of value suffered by the surplus/unsold stock of maize that remained available to the petitioner because the beneficiaries did not lift the same. Once, it is admitted that the stock of the maize was available with the petitioner, the petitioner is not liable to compensate for loss of its quality and value because the beneficiar...

A fast-track court of Varanasi will be hearing the two fresh petitions on Monday, which were transferred to the fast track court seeking a ban on the entry of Muslims in the Gyanvapi mosque area. The petition was filed by Advocate Ashwini Kumar Upadhyay through advocate Ashwani Kumar Dubey which states that the property belongs to the official deity and no amount of namaz or illegal possession can take its place. The petition, filed by the Vishwa Vedic Sanatan Sangh, was taken up by Civil Judge Ravi Kumar Diwakar, who had also heard the Gyanvapi mosque case before it was transferred to District Judge Ajay Kumar Vishevesh by the Supreme Court on Friday after understanding the complexity of the issue. The petition seeks permission for the worship of Shivling that was founds the mosque complex . It also requests that the Adi Vishveshwara should be declares as the official owner of Gyanvapi mosque.The right for pray should also be granted to the Hindus. District Judge A.K. Vishevesh...

The Gauhati High court recently directed all concerned authorities to go ahead with the construction of the road from Kigwema to the Border of Nagaland on the existing road and continue with the expansion after the RoW (Right Of Way) issue is resolved. The Kohima Bench of Justice Songkhupchung Serto and Justice Kakheto Sema heard a Suo Moto Public Interest Litigation (PIL) on the issue of incompletion of the National Highway 02 between Dimapur and Imphal. In the report submitted by A. Zhimomi, the  Amicus Curiae it is stated as follows: ”1. The contract has been split into two parts. The first part is the overlay section from Lerie to Kigwema and the reconstruction section is from Kigwema to Mao.  2. The overlay section is yet to be fully completed. In some portions the bituminous concrete is yet to be laid. In this stretch, though work has been done by the Contractor, many potholes are beginning to appear.  3. From Kigwema up to Mao, the existing road is in pi...

The Rajasthan High Court on Thursday, disposed of a Public Interest Litigation (PIL) filed assailing the action of the respondents in constructing the Vikas Path (Road) through the agriculture land of the village Tinwari. The PIL has been filed by one Vijay Kumar Goyal. Kuldeep Mathur, the senior Counsel submitted  that as per the proposal dated 3.10.2019, the Vikas Path (Road) was required to be constructed on land entered as ‘Abadi’ in the revenue record and thus, the respondents have flouted the said order by constructing the road on agricultural khasras. To this submission, the Additional Advocate General  K.S.Rajpurohit, submitted  that it was consciously decided on 3.10.2019, that the road shall be constructed in the area which has been inhabited by population and not on land which has been designated to be Abadi land in the revenue record. This fact is affirmed from the perusal of Clause No.9 (III) of the order dated 3.10.2019. The road in question has al...

The Government of Uttarakhand has made a 5-member panel, led by  retired Supreme Court judge Justice Ranjana Prakash Desai which shall examine the relevant laws pertaining to the implementation the Uniform Civil Code (UCC). The committee is comprised of very learned people who have been in the social circles for very long now.. The other members of the committee comprise of  retired High Court judge Justice Permod Kohli, the social activist Manu Gaur, the retired IAS officer Shatrughan Singh, and Doon University Vice-Chancellor Surekha Dangwal along with Justice Ranjana Prasad The Central government had told the Delhi high court in January this year, that the Uniform civil code can only be introduced after an in-depth study is done in the personal laws that govern the communities Taking everything into consideration, the writ petition filed by the BJP spokesperson Ashwini Upadhyay has been dismissed which had sought drafting of UCC within a frame of 3 months. The Allahab...

The Supreme Court Justice Surya Kant on Saturday in a lecture on Saturday ,talked about  the life of  Justice VR Krishna Iyer ,on  his  immense contributions to the jurisprudence of social justice, his idea of  legal aid and his reforms on the prisoners rights. Delivering a lecture on Justice Krishna  lecture series organised by the Himachal Pradesh Law University Shimla here, Justice Surya Kant said that Justice Iyer was a pioneer in evolution of prison system as a mechanism of punishment and eventually, the contemporary context of prisons in the nature of reformative and corrective institutions. He quoted Justice Iyer, who once said, “Inmates are the guests in prisons and jailors are the hosts”. The Supreme Court had then come up with a great and novel system of prison administration which was called  ‘break-up and weekend prison,’ in which the prison inmate could be permitted to move out of prison with some conditions off course,on weekdays but ...

The Delhi Sarkari Ration Dealers Sangh had filed a plea before the Delhi High Court challenging the door­step ration delivery scheme or the Mukhya Mantri Ghar Ghar Ration Yojana, touted by the Aam Aadmi Party (AAP) as a visionary policy of Delhi Chief Minister Arvind Kejriwal. They contended that the scheme is “ultra vires” (beyond one’s legal power or authority). A Division Bench of Acting Chief Justice Vipin Sanghi and Justice Jasmeet Singh passed the verdict responding to the shop owners’ plea, saying that any such scheme framed by the Government of National Capital Territory of Delhi should comply with all the requirements of the National Food Security Act (NFSA). The view of the Court was that the government is entitled to frame a scheme for the doorstep delivery of foodgrains or rations to the beneficiaries under the Targeted Public Distribution System (TPDS), but it has to be done from its own resources in compliance with prevailing laws. The Court order said: “The Council of...

By Sanjay Raman Sinha   Recently, the sedition law was challenged in the Supreme Court after which the Court put an interim stay on it. The Court heard petitions challenging the validity of Section 124A of the Indian Penal Code (IPC) seeking directions to quash it. In the consequent interim order, the Court made three important points. Firstly, no case shall be registered under the sedition law. Secondly, the cases which are already registered under this Section will be kept in abeyance. Thirdly, these orders will remain in force until the Court gives any further order or the government does not take any decision on the sedition law. Now the question uppermost in all minds is: Will the sedition law be repealed by the Supreme Court? Radhika Jha, a research executive with Common Cause, which is one of the petitioners in the case, said: “The thrust of our petition was the misuse of the sedition law to throttle freedom of expression. We had prayed that criticism of the governme...

The Allahabad High Court has directed the State Government to take a decision in the matter related to revised pay scale by Central Pay Commission of University Grant Commission (UGC) to be given to the Registrar and Deputy Registrar working in Professor Rajendra Singh Rajju Bhaiya University Prayagraj. A Single Bench of Justice Siddharth passed this order while hearing a Petition filed by Dipti Mishra. The Petitioner has approached the court praying for direction to the respondents to revise the Pay Scale of petitioner from the date of her appointment in the light of the UGC 6th Central Pay Commission (CPC) pay-scale and further prayer for direction to the respondent no1 to extend benefits of UGC-7th Central Pay Commission to the petitioner from the date of its implementation i.e 01.01.2016 has been sought. Counsel for the petitioner submitted that the petitioner is working on the post of Deputy Registrar in Allahabad State University (Professor Rajendra Singh (Rajju Bhaiya) Un...

The Meghalaya High Court on May 26 observed that steps have been taken  to ensure  that the drug menace does not set deep roots in the State or around the city. The Division  Bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh disposed of a Public Interest Litigation (PIL)  filed by one M. Kharkongor concerning  the rise of substance/drug abuse amongst children and adolescents in the State . It is said by the Court that there is a perception that there may be concerted moves by inimical interests to push drugs and psychotropic substances in the NorthEast, particularly in and around Shillong which attracts tourists and a lot of the younger crowd. With the assistance of Amicus Curiae and the several meetings conducted with State and private officials at various levels, including the welcome participation of the defence personnel, the need to be on the guard may have been realised by the State administration. Without going into the details, the Cour...

The Meghalaya High Court on May 26 observed that steps have been taken  to ensure  that the drug menace does not set deep roots in the State or around the city. The Division  Bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh disposed of a Public Interest Litigation (PIL)  filed by one M. Kharkongor concerning  the rise of substance/drug abuse amongst children and adolescents in the State . It is said by the Court that there is a perception that there may be concerted moves by inimical interests to push drugs and psychotropic substances in the NorthEast, particularly in and around Shillong which attracts tourists and a lot of the younger crowd. With the assistance of Amicus Curiae and the several meetings conducted with State and private officials at various levels, including the welcome participation of the defence personnel, the need to be on the guard may have been realised by the State administration. Without going into the details, the Cour...

The Supreme Court of India has got a petition filed seeking for confidential survey of all the ancient and prominent mosques by the Archaeological Survey of India which are over a hundred years old and have wells and ponds in their premises. The PIL filed has asked court for giving directions for shifting the wuzukhana (places where Muslims clean their parts of the body before offering prayers) to a modern faucet or taps instead of ponds and wells in the mosques which are over hundred years old for the time being , till a confidential survey is completed so that if any relic is discovered, there is no spread of communal disharmony ad hurt of religious sentiments. The petition is filed through Advocate Shubham Awasthi and Advocate Sapta Rishi Mishra who have asked the Apex court to give directions for issuing guidelines on keeping the confidential survey of disputed property free from interference of any party until, the report on the confidential survey is duly submitted in the cou...

The Sikkim High Court recently directed the state to  inform as to when would a Nodal Agency comprising of experts shall be constituted in order to study the situation at ground level regarding the depletion of ground water within the areas where the pharmaceutical companies are carrying out their manufacturing activities. The Division Bench of Chief Justice Biswanath Somadder and Justice Meenakshi Madan Rai  heard a Suo Moto Public Interest Litigation (PIL) in the matter of discharge of Effluents by Pharma Companies situated a Singtam.  At the time of the hearing, the Court was taken through various pleadings including the preliminary report of the amicus curiae dated 26th February, 2022, wherefrom the Bench noted that the Public Health Engineering (PHE) Department, in a letter dated 7th February, 2022, has mentioned that it has responsibility to supply water only in the urban areas of the State As all pharmaceutical companies fall under rural areas, the autho...