Legopolis

The Allahabad High Court observed that, all the submissions made at the bar, relate to the disputed questions of fact, cannot be adjudicated upon by the Court under Section 482 Cr.P.C. The Court refused the prayer for quashing the entire proceeding of the case. A Single Bench of Justice Siddharth passed this order while hearing an application under Section 482 filed by Nirankar Choudhary. The application has been filed to quash the order dated 02.3.2022 as well as the entire proceedings of Complaint Case under Sections- 138 N.I Act, Police Station- Lohamandi, District- Agra, pending in the court of the Additional, Agra. The contention of the counsel for the applicant is that no offence against the applicants is disclosed and the prosecution has been instituted with a malafide intention for the purpose of causing harassment. The Court observed that, from the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is ...

The Allahabad High Court dismissed the petition while observing that the provisions of Sections 4 and 5 of the Criminal Procedure Code do not apply to offenses committed under the Indian Penal Code. These provisions are applicable where a complaint has been made of having committed an offense under the Negotiable Instrument Act. The Division Bench of Justice Kaushal Jayendra Thaker and justice Gautam Chowdhary passed this order while hearing a petition filed by Mohar Pal And Another. By way of the petition, the accused petitioners pray for quashment of the first information report dated 25.02.2022 in Case under Sections 420, 406, 120B India Penal Code, Police Station Sungarhi, District Pilibhit and also for staying their arrest in respect of the aforesaid first information report. Both the petitioners have alleged to have committed what can be said to be offences under Sections 420, 406, 120B of IPC. The allegations in the FIR are very categorical that the first informant is aged ...

The Kerala High Court has dismissed a petition seeking the establishment of a two-judge bench of the Supreme Court in all the High Courts to hear only the cases of the poor and the destitute. The Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly held that though petitioner Abdul Jaleel, and party-in-person, has alleged that some judges were hand in glove with criminals and obtained post-retirement postings, which are serious allegations, having regard to the reliefs sought for, the High Court is not inclined to advert to the same and no direction in the nature of mandamus as prayed for, can be granted. The petition had sought a direction to the Supreme Court Registrar General to take steps to place this petition before the Chief Justice of India. It had wanted increasing the retirement age of judges of the Supreme Court, High Courts and all judicial officers. The petitioner had also sought a direction to the Central Government to take steps to ensure judicial ...

The Supreme Court on Thursday agreed to hear the bail application of Bhima Koregaon accused Varavara Rao on July 11. Senior Advocate Anand Grover mentioned the matter before the Vacation bench of the Apex Court, stating that Rao was 82-year-old and needed bail on medical grounds. The top court of the country decided to hear the matter on re-opening of Courts on July 11. The Bombay High Court had, on December 1, 2020, rejected the bail plea of the renowned poet and activist, who was arrested under the stringent Unlawful Activities (Prevention) Act on August 28, 2018. Police had accused Rao, along with other activists, of delivering provocative speeches during the Elgar Parishad conference on December 31, 2017 in Pune, leading to violence at Bhima Koregaon village on January 1, 2018, which claimed one life and left several injured. The post Bhima Koregaon case: Supreme Court to hear bail plea of Varavara Rao on July 11 appeared first on India Legal . from India Legal https://if...

The Allahabad High Court dismissed the petition while observing that the provisions of Sections 4 and 5 of the Criminal Procedure Code do not apply to offenses committed under the Indian Penal Code. These provisions are applicable where a complaint has been made of having committed an offense under the Negotiable Instrument Act. The Division Bench of Justice Kaushal Jayendra Thaker and justice Gautam Chowdhary passed this order while hearing a petition filed by Mohar Pal And Another. By way of the petition, the accused petitioners pray for quashment of the first information report dated 25.02.2022 in Case under Sections 420, 406, 120B India Penal Code, Police Station Sungarhi, District Pilibhit and also for staying their arrest in respect of the aforesaid first information report. Both the petitioners have alleged to have committed what can be said to be offences under Sections 420, 406, 120B of IPC. The allegations in the FIR are very categorical that the first informant is aged ...

The Delhi High Court will tomorrow hear the petition filed by co-founder of Alt News Mohammed Zubair, challenging the four-day police custody awarded to him by a Delhi Court. Advocate Vrinda Grover mentioned the matter for early hearing before the Vacation Bench of Justice Sanjeev Narula on Thursday, which agreed to hear it on Friday. Chief Metropolitan Magistrate Snigdha Sarvaria of Patiala House Court had sent the co-founder of fact-checking site Alt News to four-day policy custody on June 28. Delhi Police had arrested Zubair on June 27 and presented him before the Duty Magistrate on the same day, which granted his one-day custody to Police. The accused was arrested under Sections 153A (promoting enmity between religious groups) and 295 (injuring or defiling place of worship, with intent to insult the religion of any class) of the Indian Penal Code (IPC). Zubair was arrested on a complaint filed by a Twitter handle called Hanuman Bhakt, which alleged that Zubair h...

The Supreme Court has agreed to hear the plea filed by Maharashtra MLAs Nawab Malik and Anil Deshmukh who are currently in jail, but seek permission to vote in the floor test scheduled to be held tomorrow for deciding majority in the Maharashtra Legislative Assembly. The leaders have been behind the bars from charges of money laundering and corruption. The matter was mentioned before the vacation Bench of Justices Surya Kant and JB Pardiwala by advocate Sudhanshu Choudhari . The matter shall be heard at 5.30 pm today. The bench will also be hearing the plea by the camp of Uddhav Thackeray which challenges the floor test ordered by the Maharashtra Governor Bhagat Singh Koshyari for tomorrow. Nawab Malik is presently in judicial custody under the Prevention of Money Laundering Act (PMLA)involving underworld don Dawood Ibrahim. Anil Deshmukh, who is also in judicial custody,as he is prime accused in a corruption case in a case probed by ED and FIR filed by CBI . An in...

Senior Advocate K.K. Venugopal on Wednesday agreed to continue as Attorney General of India, upon the Central government’s request. Venugopal’s current tenure is coming to an end on June 30. This is the third one-year term extension, which was extended to the 91-year-old, who was appointed Attorney General on July 1, 2017. Venugopal is the 15th Attorney General for India. He succeeded Mukul Rohatgi, who was the Attorney General from June 2014 to June 2017. The Attorney General is the top law officer and chief legal advisor of the Central Government and represents the Government of India in crucial cases before the Supreme Court. Venugopal is an internationally known jurist and a constitutional law expert, who has appeared in many landmark cases in the Supreme Court and different high courts. He is also a doyen of the Bar. He has been in the post after the Narendra Modi government won a second term in 2019.  He was considered for the post of Attorney General even under the A...

The Allahabad High Court has directed the District Magistrate, Jaunpur, to investigate the order of SDM Machli Shahar to give Bheeta land of public utility Gaon Sabha to a private person. The Division Bench of Justice Sunita Agarwal and Justice Vikram D. Chauhan passed this order while hearing a PIL filed by Tirathraj and Another. We have filed the petition with the assertion that the Sub Divisional Officer, Machli Shahar, Jaunpur illegal order dated 13.04.2018 has settled the land in Gata No 69-Kha (new number) area 0.28 hectares (old number 329-M in Khata No 365) which is recorded as Bheeta in Akar Patra 41 & 45 prepared after completion of the consolidation operation in the village-in-question. The Court noted, The findings returned by the Sub Divisional Officer, Machli Sahar, Jaunpur in its order dated 13.4.2018 are completely against the revenue records. Neither the Gaon Sabha nor the State-authorities had challenged the order of respondent No 3 in giving rights over the ...

The Supreme Court will hear on Wednesday, the petition filed by Shiv Sena Chief Whip Sunil Prabhu, challenging the direction given by Maharashtra Governor Bhagat Singh Koshiyari to Chief Minister Uddhav Thackeray, asking him to prove his majority on the Floor of the House. The Vacation Bench comprising Justice Surya Kant and Justice J.B. Pardiwala agreed to take up the petition at 5 pm, after Senior Advocate Abhishek Manu Singhvi requested the Apex Court for urgent hearing in the matter. The Apex Court directed the applicant to complete the filing and keep the paper book ready by 3 pm. Earlier on Monday, the Supreme Court had declined to pass an interim order on the petition, seeking directions against Floor Test in the Maharashtra Legislative Assembly till July 11, stating that 16 rebel MLAs of Shiv Sena were under disqualification proceedings. The Vacation Bench had said the court cannot pass an order, which would create unnecessary complications. Senior Advocate Devdutt Kamat,...

The constitutional law masters and the eminent lawyer KK Venugopal is most likely to continue as Attorney General for India for another year. As per the latest information from the reliable sources, Venugopal, whose tenure is coming to an end on June 30, is set to receive another extension from the Union government. This is the third one-year term extension that has been given to Venugopal, 91, who was been appointed as the Attorney General on July 1, 2017. Venugopal, is the 15th Attorney General for India. He had succeeded Mukul Rohatgi, who was the Attorney General from June 2014 to June 2017. The notification for reappointment of Venugopal for one year from July 1 is expected to be issued on Tuesday or Wednesday, the people. When asked ,Venugopal said he has nothing to say as of now, for the reappointment is still at the nascent level, and people may have to wait for the notification. The Attorney General is the top law officer and chief legal advisor of the Central who represen...

The Madras High Court has disposed of a petition filed seeking a direction to respondents to preserve the CCTV footage recorded on 06.04.2022 and 07.04.2022 at the Venkateswara Clinic, Selvam Tea Stall, One Kumaran Sweets Store, Anandham Cloth Store, Aandal Jewellers, based on the petitioner’s representation, dated 23.04.2022. Karunanidhi R, the counsel for the petitioner, submitted that the petitioner had purchased a second hand car from a finance company. On 05.04.2022, a friend of the petitioner borrowed the petitioner’s car and returned it the same day. Again, the said friend of the petitioner has taken the car by using a fake car key, without her permission. After that, the petitioner took the car in her custody. Then the Sub Inspector of Police informed her that a friend of the petitioner had lodged a complaint against her and asked her to hand over the car key. Subsequently, she gave the car key to the said Sub Inspector of Police. On 06.04.2022, the police officials attached...

The Gauhati High Court disposed of a Petition filed opposing the opening of the Indian Made Foreign Liquor (IMFL) shop in the locality of Damara Mendi Pather Road, Village Damara. The Petition has been filed by Rajib Rabha. The petitioner has claimed to be the President of Damra Anchalik Rabha Students Union, Damra and an inhabitant of the locality at Damara. Having come to learn that the respondent authorities in the Excise Department have allowed the private respondent to open an IMFL shop on Damara Mendi Pather Road, Village Damara, local people in large numbers and a number of local organisations held a public meeting at the office of the Damra Anchalik Rabha Students Union on 01.09.2021. At the said public meeting held in presence of many local people, they expressed an apprehension of breach of peace in the locality in the event of location any IMFL shop in the locality, as the locality is in the border region of Assam and Meghalaya and it falls in a rural area. According to ...

The Allahabad High Court has granted conditional bail to the accused of attempt to murder and assault on people going home raising slogan of ‘Jai Shri Ram’. A Single Bench of Justice Jayant Banerji passed this order while hearing a Criminal Misc Bail Application filed by Irfan. The bail application has been filed to enlarge the applicant on bail in Case under Sections 147, 148, 504, 307, 354Kha, 324 IPC, Police Station Simbhawali, District Hapur. As per the prosecution version, at about 8.00 pm, the complainants were returning back to their house raising slogan of ‘Jai Sri Ram’, near the house of Yasin, the applicant’s side started abusing them, when they protest the same, they were beaten by the ‘batt’ of ‘tamancha’, ‘balakati’ and ‘iron rod’. Counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the crime. It is submitted that the applicant’s side also received injuries. There is no specific role assigned to any of the accused pers...

Mohammed Zubair, Co-Founder of fact-checking website Alt News, will be produced before a Delhi court on Tuesday, as his one-day police custody remand ended today. They were likely to seek three-day custody of Zubair to recover his mobile phone from his residence in Bengaluru. Delhi Police had arrested Zubair on Monday under Sections 153 (wantonly giving provocation with intent to cause riot) and 295A (deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs) of the Indian Penal Code. The accused allegedly posted tweets on the micro-blogging site in 2018, which allegedly hurt the religious sentiments and promoted enmity among people. Sources said that Zubair had initially refused to identify the tweet, which led to his arrest. The accused reportedly deleted several tweets recently, as their contents were allegedly offensive. Police were trying to recover the deleted tweets. They suspect that the funding Zubair...

The Swearing-in Ceremony of Justice Satish Chandra Sharma as Chief Justice of the Delhi High Court was held today.  The oath was administered by Lieutenant Governor Vinai Kumar Saxena at Raj Bhawan in Delhi. The Central government had announced the transfer of Chief Justice of Telangana Satish Chandra Sharma to Delhi recently. The notification to the effect was issued by the Ministry of Law and Justice on June 19, 2022. It stated that under the exercise of the power conducted by clause (1) of Article 222 of the Constitution of India, the President of India with due consultation with the Chief Justice of India, is pleased to transfer Justice Satish Chandra Sharma, Chief Justice, Telangana High Court, as the Chief Justice of the Delhi High Court and to direct him to assume charge of the office of the Chief Justice of the Delhi High Court. Justice Satish Chandra Sharma has a vast experience in the field. He has served as Acting Chief Justice of Karnataka High Court, prior...

The Rajasthan High Court has observed that when the question of life and liberty comes, the Court would prefer to err on safer side. A single bench of Justice Sameer Jain allowed a petition seeking police protection at their residence and place of work. According to the petitioners, they got married on 22.03.2022. However, this marriage was not approved by their relatives and respondents  and fearing them, they had filed the said petition. The Court held that the State has a duty to protect the life and liberty of the citizens. The petitioners as adult citizens have a right to choose their partners. It is well settled legal position as expounded by the Supreme Court of India in Lata Singh Vs. State of UP [AIR2006 SC 2522], S. Khushboo Vs. Kanniammal [(2010) 5SCC 600], Indra Sarma Vs. VKV Sarma [(2013) 15 SCC 755] and Shafin Jahan Vs. Asokan KM [(2018) 16 SCC 368] that the society cannot determine how individuals live their lives, especially when they are major, irrespective of ...

The Madras High Court dismissed a petition filed alleging inaction on the representation made by the petitioner dated 13.04.2022 to conduct an inquiry into the misappropriation of government subsidy funds to the tune of Rs 54 lakh meant for Welfare Schemes viz., Indira Awaas Yojana (IAY), Prime Minister Awaas Yojana (Gramin) and Chief Minister’s Solar Powered Green Housing scheme. The petition has been filed by V.A. Manohar. The Division Bench of Chief Justice Munishwar Nath BHandari and Justice N. Mala observed that if the allegation of misappropriation is made, it is not known as to why the petitioner did not make any complaint before the Department of Vigilance and Anti Corruption to register a case and investigate into such misappropriation. If the petitioner knows the details of the misappropriation, he could have filed an FIR which could have resulted in an investigation, held the High Court. The Bench found from the representation of the petitioner “that, without taking the...

The Supreme Court on Monday listed for July 11, the plea seeking implementation of the Court’s earlier guidelines on prevention of hate crimes, in view of a rising number of attacks on Christian institutions and priests across the country. Appearing before the Vacation Bench of Justice Surya Kant and Justice J.B. Pardiwala, Senior Advocate Colin Gonsalves said that on an average, 45-50 violent attacks take place against Christian institutions and priests every month throughout the country. Requesting an urgent hearing on the matter, Gonsalves said that in May, 2022, 57 cases of violence and attacks on Christian institutions and priests took place. The Vacation Bench directed the Registry to list the petition on re-opening of the courts after summer vacation on July 11. The petition sought implementation of the guidelines issued in the Tehseen Poonawala judgement, in which nodal officers were to be appointed to take note of hate crimes and register FIRs across the country. The Sup...

Lead Visual: Shantanu Mitra The post June 27, 2022 appeared first on India Legal . from India Legal https://ift.tt/i78G1Fe

The Supreme Court agreed to hear on Tuesday, the appeal filed by the Central government against the Tripura High Court’s decision to entertain a PIL challenging the security cover provided to Reliance Industries chairman Mukesh Ambani and his family by the Maharashtra government. Appearing for the Government of India, Solicitor General Tushar Mehta said the security provided to the Ambanis could not be termed as an issue of public interest, so it cannot be the basis of a PIL. Besides, the matter did not come under the jurisdiction of Tripura High Court, since the state of Tripura had no links whatsoever with the case, the SG contended. He further opposed the summoning of Union Home Ministry officials by the High Court. The Tripura High Court has summoned the officials of the Union Home Ministry on Tuesday, along with the documents related to threat perception. Maharashtra government had provided security to Ambani and his family, based on an evaluation of threat perception by the...

Rebel Shiv Sena leader Eknath Shinde, along with his faction, on Sunday moved the Supreme Court against the disqualification notices issued to 16 rebel MLAs of the Maharashtra Assembly. In a separate petition, Shinde also challenged the appointment of Ajay Choudhari as the Legislature Party leader of Shiv Sena. A Bench comprising Justice Surya Kant and Justice J.B. Pardiwala will hear the matter. The petition sought a stay on the disqualification notice issued by the Deputy Speaker of Maharashtra Assembly to Shinde and 15 other MLAs, summoning them on Monday. It further sought quashing of the order passed by the Deputy Speaker, recognising Ajai Choudhari as Shiv Sena Legislature Party leader. As per the petition, the disqualification petition was not maintainable as Shinde’s faction enjoyed majority support from the Shiv Sena party and they have not given up their memberships. It further said the notice was not maintainable as it challenged an act of the majority m...

A woman, who had moved the Supreme Court seeking guidelines for uniform and neutral grounds of divorce for all citizens, received the third and final notice of Talaq from her husband under ‘Talaq-e-Hasan’. Petitioner Benazeer Heena had contended in her petition, filed in May, 2022, that her husband has given the first notice of Talaq through a Lawyer’s notice. Senior Advocate Pinky Anand mentioned the petition before the Apex Court on May 25 before the Bench comprising Justice D.Y. Chandrachud and Justice Bela M. Trivedi, which told her to mention it in the following week. Accordingly, the matter was presented before the Bench headed by Justice Ajay Rastogi on May 30. The Apex Court again declined the matter and told the petitioner to file an application before the Registrar. The case was then mentioned before the Bench of Justice A.S. Bopanna and Justice Vikram Nath by Advocate Ashwini Kumar Upadhyay on June 16. In this petition, filed by Advocate Ashwani Kumar Dubey, Benazeer s...

 The activist Teesta Setalvad has beeen taken into the custody by the Gujarat Anti-Terrorism Squad (ATS) just next day after the judgement by Supreme Court which urged action against persons who had made false allegations against State of Gujarat regarding its handling of the 2002 communal riots A clean chit was given by Supreme  Court to the PM Narendra Modi who was the Chief Minister of Gujarat during the time of riots. The Apex court has come down badly on the former Gujarat Police officials RB Sreekumar and Sanjiv Bhatt as well as proclaimed activist in its judgment. It was a complaint by the  police officer of the  crime branch which led to the arrest  of Teesta Setalvad. The arrest of Setalvad was based on a complaint by a police officer at Crime Branch, Ahmedabad who claimed that Setalvad along with certain investigation officers and unknown others conspired and forged records and evidence thereby committing offences under the Indian Penal Code. As...

The Allahabad High Court has dismissed the petition of the accused for using the brand name of another company in violation of the Copy Rights Act. The Division Bench of Justice Kaushal Jayendra Thaker and Justice Gautam Chowdhary passed this order while hearing a petition filed by Brijesh @ Bhola. By way of this petition, the accused-petitioner prays for quashing of the first information report dated 15.01.2022 registered in Case under Sections 420, 468, 469, 481, 482, 483, 485, 486, 487, 488 I.P.C, Section 63, 65 of CopyRight Act (Amendment) 1957 and Sections 103, 104 of Trade Mark Act, 1999, Police Station Tajganj, District Agra and also for staying his arrest in respect of the first information report. Counsel for the petitioner submitted that neither there is infringement of CopyRight (Amended) Act 1957 nor Trade Marks Act, 1999 and due to business rivalry, the respondents has lodged the F.I.R when in fact, the petitioner has nowhere used the name of Panchi Petha, which is the...

The Supreme Court has ruled that the death penalty cannot be avoided altogether, while awarding death sentence to 37-year-old man from Rajasthan for raping and murdering an eight-year-old mentally and physically disabled girl in 2013. A bench comprising Justice A.M. Khanwilkar, Justice Dinesh Maheshwari and Justice C.T. Ravikumar ruled that overturning the capital punishment in every case and giving it a silent burial, would be counterproductive to the entire system of maintenance of order in the society. The Apex Court said that to maintain the objectivity of the judicial process and prevent it from being compromised, it was necessary to award death sentence in certain cases, so as to maintain the rule of law. It further said that a court was not bound to seek reports on psychological assessment or the possibility of reformation of a convict at every stage, especially when there were overwhelming circumstances to show the perverted conduct of the convict. If the approach to nulli...

The Bombay High Court of Goa disposed of a Public Interest Litigation (PIL) filed alleging that in absence of copies of the draft Outline Development Plans (ODPs) in the digital format, the members of public were experiencing considerable difficulties in lodging their objections, or suggestions in response to the notices under Section 35 of the Goa Town and Country Planning Act, 1974. The PIL has been filed by NGO “The Goa Bachao Abhiyan”. D. J. Pangam , Advocate General makes a statement before the Court that the Town and Country Planning Department will, hereafter, upload the draft Outline Development Plans (ODPs) within one week from the date of publication of notice under Section 35 of the Goa Town and Country Planning Act, 1974 (said Act). The Advocate General stated that the Town and Country Planning Department will comply with the above statement, provided the respective Planning and Development Authorities (PDAs) forward the draft ODPs in the digital format. Norma Alvares,...

The Allahabad High Court has dismissed the petition of the accused for using the brand name of another company in violation of the Copy Rights Act. The Division Bench of Justice Kaushal Jayendra Thaker and Justice Gautam Chowdhary passed this order while hearing a petition filed by Brijesh @ Bhola. By way of this petition, the accused-petitioner prays for quashing of the first information report dated 15.01.2022 registered in Case under Sections 420, 468, 469, 481, 482, 483, 485, 486, 487, 488 I.P.C, Section 63, 65 of CopyRight Act (Amendment) 1957 and Sections 103, 104 of Trade Mark Act, 1999, Police Station Tajganj, District Agra and also for staying his arrest in respect of the first information report. Counsel for the petitioner submitted that neither there is infringement of CopyRight (Amended) Act 1957 nor Trade Marks Act, 1999 and due to business rivalry, the respondents has lodged the F.I.R when in fact, the petitioner has nowhere used the name of Panchi Petha, which is the...