Legopolis

Ashwini Kumar Upadhyay in the Delhi Court said that one cannot remain aloof and become a mute spectator if due to the neglect of the political executives illegal religious conversion take place for appeasement and vote bank politics. Upadhyay has filed an additional affifavit filed on Tuesday, stating that the religious conversion by coercive or deceptive means amounts to “injustice and exploitation”. A bench of Justices Sanjeev Sachdeva and Tushar Rao Gedela will hear plea by advocate Ashwini Kumar Upadhyay that seeks direction to both the Centre and the Delhi government to prohibit religious conversion. In his plea he has mentioned that religious conversion is happening by intimidating, threatening, and deceivingly luring people with gifts and monetary benefits. The petitioner’s affidavit, said the right to religion guaranteed under Article 25 of the Constitution is not an absolute right, and so the foreign funded Individuals and NGOs are converting EWS-BPL citizens to forei...

The hearing on a plea over the controversial poster by filmmaker Leena Manimekalai in her documentary ‘Kaali’ has been fixed the hearing for November 1, 2022 by a Delhi Court. The Civil Judge Abhishek Kumar of Tis Hazari Court of Delhi said the plaintiff submits that there is an application filed by him under Order 8 Rule 1A(3) CPC on the previous date and the same is pending for adjudication. The plaintiff further seeks to serve the defendants through email as well as Whatsapp.” Take this in mind, the Judge has said that Ilet summons be issued afresh through all modes including service through email as well as Whatsapp on the filing of PF, returnable for the next date of hearing. The summons were issued by the court earlier to the Canada-based filmmaker Leena Manimekalai and others in a suit for depicting Goddess Kaali in a poster and video which shows the religion in poor light and is derogatory. The Supreme Court has always believed that both of the parties should be heard bef...

The Supreme Court has decided to hear a batch of petitions concerning the unfinished and debt ridden Amrapali projects by holding Court on this Saturday. The case shall be heard by the  bench of Chief Justice of India UU Lalit along with Justice Bela M Trivedi on Saturday. The bench during the hearing will examine the report compiled and worked by Senior Advocate   R Venkataramani, who is the receiver appointed by the top court in the case. Advocate R Venkataramani has proposed for a plan to alter the layouts and land use for the proper palnning of the project.plans of the project. A plea was filed by the Bank of Baroda, on October 2017 before the National Company Law Tribunal (NCLT) to recover its ₹97.30 crore, dragging the Amrapali Group to corporate insolvency proceedings. A resolution professional was appointed by the NCLT for taking control of the situation. In the year 2017, a group of buyers filed a plea in the Supreme Court in November 2017. ...

The Supreme Court has decided to hear a batch of petitions concerning the unfinished and debt ridden Amrapali projects by holding Court on this Saturday. The case shall be heard by the  bench of Chief Justice of India UU Lalit along with Justice Bela M Trivedi on Saturday. The bench during the hearing will examine the report compiled and worked by Senior Advocate   R Venkataramani, who is the receiver appointed by the top court in the case. Advocate R Venkataramani has proposed for a plan to alter the layouts and land use for the proper palnning of the project.plans of the project. A plea was filed by the Bank of Baroda, on October 2017 before the National Company Law Tribunal (NCLT) to recover its ₹97.30 crore, dragging the Amrapali Group to corporate insolvency proceedings. A resolution professional was appointed by the NCLT for taking control of the situation. In the year 2017, a group of buyers filed a plea in the Supreme Court in November 2017. ...

In a petition that challenges the Muslim personal law practised such as polygamy and Bilal halala, a Constitution bench comprising of five-judges have impleaded the National Human Rights Commission (NHRC), the National Commission of Women (NCW) and the National Commission of Minorities as parties in a batch of petitions. The bench of Justice Indira Banerjee from the Supreme Court has issued notices to the three statutory bodies. The decision on the same was taken when an arraignment was sought in the case by the senior advocate Shyam Diwan, for petitioner Ashwini Kumar Upadhyay. A notice has also been issued in a separate petition which said that  the personal law practices violated Section 494 of the Indian Penal Code which makes marrying again during a lifetime of spouse is  punishable offence  with imprisonment upto seven years and fine. The court has set to list the matter after the Dussehra holidays. Mr. Upadhyay arguments put forward by Updhyayay are that the...

In a petition that challenges the Muslim personal law practised such as polygamy and Bilal halala, a Constitution bench comprising of five-judges have impleaded the National Human Rights Commission (NHRC), the National Commission of Women (NCW) and the National Commission of Minorities as parties in a batch of petitions. The bench of Justice Indira Banerjee from the Supreme Court has issued notices to the three statutory bodies. The decision on the same was taken when an arraignment was sought in the case by the senior advocate Shyam Diwan, for petitioner Ashwini Kumar Upadhyay. A notice has also been issued in a separate petition which said that  the personal law practices violated Section 494 of the Indian Penal Code which makes marrying again during a lifetime of spouse is  punishable offence  with imprisonment upto seven years and fine. The court has set to list the matter after the Dussehra holidays. Mr. Upadhyay arguments put forward by Updhyayay are that the...

The contempt case that was filed against the advocate Prashant Bhushan and the founder of the Tehelka magazine Tarun Tejpal for an interview that said 8 out of 16 CJIs have been corrupt has been closed by the Supreme Court of India today. The decision was taken by the Supreme Court on Tuesday in view of the apology/ explanation that was  tendered by Bhushan and Tejpal  to the Court A Bench of Justices   Indira Banerjee, Justice Surya Kant and Justice MM Sundresh took the same on record before closing the case. The Court said that “In view of the apologies made by the contemnors, we don’t deem it necessary to continue the matter.” Kapil Sibal, who appeared for  Prashant Bushan said to the court that “ My only submission is in light of the apology made, is pursuing this necessary? (It will be) entering muddied waters. The Court duly accepted the same before proceeding to close the matter. It was way back in the year 2009, when Prashant Bhushan had...

The new Chief Justice of India UU Lalit has given his very best shot from the first day of his joining office and without wasting any time, initiated the  changes in listing and hearing of cases. For Tuesday, the CJI has already constituted two constitution benches that shall see four matters each.  Today, CJI has also decided to list at least four high profile cases which are over a decade old and had been waiting for some light on them. 1.Case of Contempt of Court against Prashant Bhushan The case is of the yea r 2009, when Bhushan gave interviews in Tehelka magazine stating that half of the last 16 CJIs (8 CJI’s) have been corrupt. This was indeed a big charge on judiciary. A contempt case was initiated and Bhushan’s father, Senior Counsel Shanti Bhushan, in a sealed cover submitted the details of the corrupt CJI’s of Supreme Court. The matter was not up for long and the case by 2012 was almost shelved. In the year 2020, a bench led by Justice Arun Mishra decided...

The new Chief Justice of India UU Lalit has given his very best shot from the first day of his joining office and without wasting any time, initiated the  changes in listing and hearing of cases. For Tuesday, the CJI has already constituted two constitution benches that shall see four matters each.  Today, CJI has also decided to list at least four high profile cases which are over a decade old and had been waiting for some light on them. 1.Case of Contempt of Court against Prashant Bhushan The case is of the yea r 2009, when Bhushan gave interviews in Tehelka magazine stating that half of the last 16 CJIs (8 CJI’s) have been corrupt. This was indeed a big charge on judiciary. A contempt case was initiated and Bhushan’s father, Senior Counsel Shanti Bhushan, in a sealed cover submitted the details of the corrupt CJI’s of Supreme Court. The matter was not up for long and the case by 2012 was almost shelved. In the year 2020, a bench led by Justice Arun Mishra decided...

The Supreme Court has stayed criminal proceedings against Bollywood actor Ameesha Patel and one more person in connection with summons issued to them by a trial court in a cheque bounce case. The Apex Court Bench comprising  Justice B.R. Gavai and Justice P.S. Narasimha on Friday issued notice to the Jharkhand government over it’s appeal, challenging the Jharkhand High Court, which had refused to reject the petitions filed by Patel and one Kunal Ghoomer. Rancho Police had booked Patel and Ghoomer on charges of cheating and criminal breach of trust under the Indian Penal Code (IPC). A trial court had issued summons to the actor and Ghoomer under Sections 406 (criminal breach of trust) and 420 (cheating) of IPC and Section 138 (dishonour of cheque) of the Negotiable Instruments Act. As per the Apex Court, the notice was limited to the offences of criminal breach of trust and cheating, while the cheque dishonouring case will be proceeded with as per law. The plea before the Supr...

For dealing with the 8 very important cases of the Constitutional importance, the Supreme Court has constituted two five-judge Constitution benches for Tuesday. The first Constitution bench comprises of Chief Justice of India UU Lalit and Justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi and JB Pardiwala. The matters that shall be heard by this bench are: 1. Whether under the article 15 and 16 of the Constitution,muslims, as a community, can be declared socially and educationally backward ? 2.Petition pertaining to quashing of the notification declaring Sikh Educational institutions in the State of Punjab to be ‘minority’ thereby granting them 50 percent reserved seats for the members of Sikh Community. 3. Plea regarding demand for Courts of Appeal with exclusive jurisdiction to hear and finally decide appeals from High Courts? 4. A plea that challenges the current system for appointing members of the Election Commission of India (ECI) on the ground that Executive enj...

For dealing with the 8 very important cases of the Constitutional importance, the Supreme Court has constituted two five-judge Constitution benches for Tuesday. The first Constitution bench comprises of Chief Justice of India UU Lalit and Justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi and JB Pardiwala. The matters that shall be heard by this bench are: 1. Whether under the article 15 and 16 of the Constitution,muslims, as a community, can be declared socially and educationally backward ? 2.Petition pertaining to quashing of the notification declaring Sikh Educational institutions in the State of Punjab to be ‘minority’ thereby granting them 50 percent reserved seats for the members of Sikh Community. 3. Plea regarding demand for Courts of Appeal with exclusive jurisdiction to hear and finally decide appeals from High Courts? 4. A plea that challenges the current system for appointing members of the Election Commission of India (ECI) on the ground that Executive enj...

A  notice was issued  to the State of Karnataka by the Supreme Court in a batch of appeals that  challenged the verdict of Karnataka High Court which upheld the ban on wearing hijab in government schools and colleges. The bench of Justice Hemant Gupta and Justice Sudhanshu Dhulia did not approve of the petitioners request for adjournment in the case,while the matter was taken up for hearing. The bench said that”We will not permit forum shopping. You wanted urgent listing and now you want hearing adjourned. We will not allow this.” The court also issued a notice and listed the case for hearing on Monday, September 5. On March 15, the Karnataka High Court had upheld a (GO) effectively empowering the college development committees of government colleges in the State to ban wearing of hijab (headscarves) by Muslim girl students in college campus. The petitioners in the case are theMuslim girl students of Karnataka colleges who had approached the ...

The Supreme Court has observed that an ”atypical” manifestation of a family unit is as real as its traditional counterpart and deserves equal protection under the law. It also mentioned that the “Familial relationships may take the form of domestic, unmarried partnerships or queer relationships”. The Court mentioned that the concept of a “family” as per the law and society predominantly consists of of a single, unchanging unit with a mother and a father (who remain constant over time) and their children. A bench of Justice DY Chandrachud and Justice AS Bopanna said this in an order which was uploaded on Sunday, although the observations were made on a judgement delivered on August 16. The bench said that the concept of unchanging unit over a period of time is an assumption “This assumption which ignores many circumstances that may lead to a change in one’s familial structure, and the fact that many families do not conform to this expectation to begin with. The bench explained that...

The newly appointed Chief Justice of India UU Lalit has introduced an important change in hearing of cases in Supreme Court on the non-miscellaneous days (Tuesdays, Wednesdays and Thursdays). Beginning from August 30, the Supreme Court on non-miscellaneous days, will hear the regular matters in the morning session (10.30 am to 1 pm) while the miscellaneous and after notice matters shall be put for hearing in the afternoon session (2 pm to 4 pm). This can very well be seen as reflected in the causelist for Tuesday which states that all Benches will begin its Tuesdays, Wednesdays and Thursdays with the regular hearing cases list till lunch, after which they shall  proceeding to miscellaneous matters from 2pm. The causelist mentions “Regular hearing matters will be listed before this court and will be taken up in the first half of the day i.e. 10.30 a.m. to 1.00 p.m. on Tuesdays, Wednesdays and Thursdays. in the second half, division bench will re-assemble to take up miscellaneous...

The Supreme Court has observed that an ”atypical” manifestation of a family unit is as real as its traditional counterpart and deserves equal protection under the law. It also mentioned that the “Familial relationships may take the form of domestic, unmarried partnerships or queer relationships”. The Court mentioned that the concept of a “family” as per the law and society predominantly consists of of a single, unchanging unit with a mother and a father (who remain constant over time) and their children. A bench of Justice DY Chandrachud and Justice AS Bopanna said this in an order which was uploaded on Sunday, although the observations were made on a judgement delivered on August 16. The bench said that the concept of unchanging unit over a period of time is an assumption “This assumption igwhich ignores many circumstances which may lead to a change in one’s familial structure, and the fact that many families do not conform to this expectation to begin with. The bench explained t...

Keeping with his promise of prioritizing the work as Chief Justice Of India, Justice UU Lalit has made sure that the cases of importance are placed before the court and pendency is decreased. After the new CJI UU Lalit, joined the Supreme Court of India on 27th August. It has been decided that the week shall begin with some important cases . On August 29, as the week begins. The court will be hearing: Bail plea of Siddique Kappan, a Kerala Journalist who has been accused under UAPA which shall be heard by the newly appointed Chief Justice of India (CJI) UU Lalit and Justice S Ravindra Bhat. Kappan, a reporter for Malayalam news portal Azhimukham and secretary of the Delhi unit of the Kerala Union of Working Journalists (KUWJ), was arrested along with three others in Uttar Pradesh in October 2020 while on his way to Hathras to report on the gang-rape and murder of a 19-year-old Dalit woman. The police had claimed the accused were trying to disturb the law and order situation in H...

Keeping with his promise of prioritizing the work as Chief Justice Of India, Justice UU Lalit has made sure that the cases of importance are placed before the court and pendency is decreased. After the new CJI UU Lalit, joined the Supreme Court of India on 27th August. It has been decided that the week shall begin with some important cases . On August 29, as the week begins. The court will be hearing: Bail plea of Siddique Kappan, a Kerala Journalist who has been accused under UAPA which shall be heard by the newly appointed Chief Justice of India (CJI) UU Lalit and Justice S Ravindra Bhat. Kappan, a reporter for Malayalam news portal Azhimukham and secretary of the Delhi unit of the Kerala Union of Working Journalists (KUWJ), was arrested along with three others in Uttar Pradesh in October 2020 while on his way to Hathras to report on the gang-rape and murder of a 19-year-old Dalit woman. The police had claimed the accused were trying to disturb the law and order situation in H...

The Gauhati High Court directed the Director General of Police, Arunachal Pradesh to conduct a thorough exercise and identify such police personnel within the police force who according to their experience, perception and qualification would be suitable for the purpose of carrying out the duties of an investigating officer. The number of such personnel to be carved out from the regular police force may be suitably determined by the Director General of Police depending upon the volume of criminal cases to be investigated in the State as a whole and also in respect of the individual police stations. If the individual police stations have higher load of criminal investigation to be made, more than one investigating officer can be considered to be posted in such police stations and in respect of other police stations where the volume of criminal investigation to be made would be correspondingly much lower, it can also be considered as to whether one investigating officer can cover more tha...

The Gujarat High Court has observed that when a larger public interest is involved, technicalities will have to make way for substantial justice and on that ground petition cannot be nipped at the bud nor the petition can be thrown out on that ground namely on the ground of locus particularly when petitioners without any malice or attempting to espouse public cause. The Division Bench of Justice Aravind Kumar and Justice Ashutosh J. Shastri dismissed a Public Interest litigation (PIL) filed by one News Reporters and a RTI Activist seeking quashing of the order passed by state of Gujarat (Respondent No.1) and Collector , Rajkot (Respondent No. 2) respectively , allotting 51 Acres of land to Private Respondent. It is the allotment which has been assailed in the PIL by the petitioners contending inter alia that said land is in the vicinity of the town and it has the potential of non-agricultural land and same could not have been allotted. Having heard the advocates appearing for the p...

The Allahabad High Court has directed the Sub-Divisional Officer of Barabanki district to personally file an affidavit, giving details of the action taken for removal of encroachment from the river bed of Rait river and Zamuria Nala The Lucknow Division Bench of Justice Devendra Kumar Upadhyaya and Justice Shree Prakash Singh passed the order, after taking cognisance of a PIL filed by Mehant Bhagwati Pratap Das. The petitioner sought direction to the state respondents to remove encroachment, said to have been made on the river bed of river ‘Rait’ and ‘Zamuria Nala,’ which flow in district Barabanki. The State Counsel, on the basis of instructions received from the Sub Divisional Officer, Tehsil Nawabganj, District Barabanki, contained in his letter dated August 22, 2022, stated that on receiving the complaint, a team was constituted under the Chairmanship of Tehsildar, Nawabganj, Barabanki, comprising officials of various other departments as well, including Nagar Palika Parishad o...

The Karnataka High Court has disposed of a PIL, seeking medical and other benefits for women workers employed under the ‘Bisi Oota Mid-day Meal Scheme’ in the state of Karnataka. A Division Bench comprising Acting Chief Justice Alok Aradhe and Justice S. Vishwajith Shetty disposed of the writ petition, while noting that provisions of the Minimum Wages Act, 1948 apply in case of scheduled employment. Besides, benefits available under the scheme, including medical aid and insurance, have also been extended to the women by the state government, observed the Bench. The order was passed on a petition filed by Nowhera Shaik, who claims to be a social worker. The PIL said in light of the decision of the Supreme Court, the mid-day meal scheme was made compulsory in all the States of India. The State of Karnataka has implemented the mid-day meal scheme by formulating ‘Bisi Oota Mid-day Meal Scheme’. It is the case of the petitioner that under the aforesaid scheme, women workers are employ...