Legopolis

Chief Justice of India Dhananjaya Yashwant Chandrachud on Wednesday inaugurated a healthcare camp complete with all facilities at the sprawling lawns of the Supreme Court. The camp has been organised for the members of Supreme Court Bar Association (SCBA) and the Apex Court Registry. The information was shared by SCBA Vice-President and Senior Advocate Pradeep Rai on micro-blogging site Twitter. The event was attended by the Judges of Apex Court, SCBA President and Senior Advocate Vikas Singh, lawyers, members of the Association and the Registry officials. SCBA has always remained at the forefront to ensure well-being of lawyers working at the Apex Court. Earlier during the Covid-19 pandemic, the organisation had organised vaccination camps for SCBA members and their families. The post CJI Chandrachud inaugurates healthcare camp at Supreme Court premises appeared first on India Legal . from Top News of the Day – India Legal https://ift.tt/1VkoMTj

Former IPS officer Sanjiv Bhatt has moved the Supreme Court against the Gujarat High Court conducting regular hearing on his appeal challenging his conviction in a custodial death case, without awaiting the order of another petition filed by him in the Apex Court, seeking to adduce additional evidence in the case. The case dated back to June 20, 2019, when the Sessions Court at Jamnagar in Gujarat had sentenced Bhatt to life imprisonment after finding him guilty for the custodial death of one Prabhudas Madhavji Vaishnani in 1990. The former IPS officer had filed an application before the Trial Court to produce expert evidence of one doctor to support his argument that the death of Prabhudas was not due to the alleged sit ups he was made to do forcefully by the police, but the Trial Court rejected his application. Bhatt then moved the Gujarat High Court, filing an application under Section 319 of the Code of Criminal Procedure. However, the application seeking to adduce the expert e...

By Sanjay Raman Sinha The guiding and governing principles of the Indian republic are enshrined in the Constitution. It is a living, organic document which has evolved with the passage of time, facing tough social and political challenges. Seventy-five years of Independence and 72 years of constitutional culture are a testimony to the spirit of India. Justice MN Venkatachaliah, former chief justice of India and patron-in-chief of India Legal, reminisced: “I had the blessing and good fortune to stand witness to the great events related to the birth of our republic and its inspiring journey of 75 years. Today, India has a place of pride in the comity of nations. When our great leaders decided to make India a parliamentary democracy on the republican model with universal adult franchise, the western press was almost derisive and cynical about its success. How can 330 million people without education manage the sophistication of modern parliamentary democracy? For this, the credit must ...

The State Government of Assam has apprised the Gauhati High Court that steps have been taken in order to mitigate the risk involved in giving the benefits under  Pradhan Mantri Kisan Samman Nidhi (PMKSN) scheme to genuine and eligible farmers. The Division Bench of Chief Justice Rashmin Manharbhai Chhaya and Justice Soumitra Saikia closed a Public Interest Litigation (PIL) filed raising a contention that the PMKSN’ Scheme, which is meant for the benefit of small and marginal land holder farmer families, has not been effectively implemented and poor genuine farmers who are the great resource of socio economic development of the country, have been deprived of their right to obtain financial assistance of PMKSN scheme launched by the Central Government in the year 2019.  The petitioner has based the petition on the guidelines of the scheme and the information that was derived from the office of the District Agriculture Officers of Sivasagar, Jorhat, Golaghat and Char...

The State Government of Assam has apprised the Gauhati High Court that steps have been taken in order to mitigate the risk involved in giving the benefits under  Pradhan Mantri Kisan Samman Nidhi (PMKSN) scheme to genuine and eligible farmers. The Division Bench of Chief Justice Rashmin Manharbhai Chhaya and Justice Soumitra Saikia closed a Public Interest Litigation (PIL) filed raising a contention that the PMKSN’ Scheme, which is meant for the benefit of small and marginal land holder farmer families, has not been effectively implemented and poor genuine farmers who are the great resource of socio economic development of the country, have been deprived of their right to obtain financial assistance of PMKSN scheme launched by the Central Government in the year 2019.  The petitioner has based the petition on the guidelines of the scheme and the information that was derived from the office of the District Agriculture Officers of Sivasagar, Jorhat, Golaghat and Char...

Lead Visual: Shantanu Mitra The post December 5, 2022 appeared first on India Legal . from India Legal https://ift.tt/ov7APQ4

The Supreme Court has refused to entertain a Public Interest Litigation seeking directions to double the number of judges in High Courts and district courts. The PIL was filed by BJP leader and Advocate Ashwini Upadhyay. A Bench of Chief Justice of India (CJI) DY Chandrachud and Justice PS Narasimha said that such petitions, were turning the system dysfunctional. The CJI said to Advocate Upadhyaya that every evil you see does not merit a PIL and his panacea does not warrant a remedy. The CJI said that trying to get judges fill up the existing vacancies is not an easy task . The Court further remarked that these were all “populist measures”, and explained the difficulty in just filling up existing vacancies in High Courts. The CJI asked Ashwini does he know that is difficult to get even 160 judges; how will get 320 judges at Allahabad High Court? The Bench said getting more judges is not the panacea of all evils. Upadhyaya replied to the CJI that the petition w...

The Allahabad High Court has rejected an anticipatory bail application observing that when a person against whom a warrant had been issued and is absconding or concealing himself in order to avoid execution of warrant and declared as a proclaimed offender in terms of Section 82 of the Code he is not entitled to the relief of anticipatory bail. A Single Bench of Justice Suresh Kumar Gupta passed this order while hearing a Criminal Misc Anticipatory Bail Application filed by Dr Archana Gupta. The application under Section 438 CrPC has been filed by the applicant seeking anticipatory bail apprehending arrest in Case under Sections 419/420/467/468/471 IPC, Police Station Jaswant Nagar, District Etawah. Counsel for the applicant has submitted that the applicant is innocent and has falsely been implicated in the case. Counsel further submitted that as per the allegations in the FIR that the first informant is the owner and in actual physical possession over the Araji Gata No 151/1 measu...

The Allahabad High Court has rejected an anticipatory bail application observing that when a person against whom a warrant had been issued and is absconding or concealing himself in order to avoid execution of warrant and declared as a proclaimed offender in terms of Section 82 of the Code he is not entitled to the relief of anticipatory bail. A Single Bench of Justice Suresh Kumar Gupta passed this order while hearing a Criminal Misc Anticipatory Bail Application filed by Dr Archana Gupta. The application under Section 438 CrPC has been filed by the applicant seeking anticipatory bail apprehending arrest in Case under Sections 419/420/467/468/471 IPC, Police Station Jaswant Nagar, District Etawah. Counsel for the applicant has submitted that the applicant is innocent and has falsely been implicated in the case. Counsel further submitted that as per the allegations in the FIR that the first informant is the owner and in actual physical possession over the Araji Gata No 151/1 measu...

The Bombay High Court disposed of a Public Interest Litigation filed seeking direction that the installation of musical fountain and associated machinery inside the body of the Futala Tank is illegal and against the principle of public trust. The petitioner further seeks declaration that the construction of Viewer’s Gallery on the bank of Futala Tank is illegal and seeks removal of musical fountain and associated machinery installed inside the body of the tank and further seeks direction to restore the tank to its original natural state.   It is submitted by the respondents that the Futala Tank is situated at Nagpur and no part of cause of action has arisen within the territorial jurisdiction of the High Court. According to the petitioner, the Court is seized with a PIL  of 2013 and the High  Court has been monitoring the said petition since 2013. All the departments as well as authorities concerned have been made answerable to the High  Court at its principal se...

The Supreme Court suggested the Bar Council of India on Monday to suspend the licences of the lawyers, who have been striking in Odisha over their long-standing demand for a permanent bench of Orissa High Court in the western part of the state, at Sambalpur. The Bench of Justice Sanjay Kishan Kaul and Justice Abhay S. Oka recommended the Bar Council to take action against the district bar associations, whose members had been involved in the protests. Justice Kaul further told the agitating Advocates that there was no other option than to resume 100 percent work. He said the associations had been cautioned on many occasions that if they failed to conduct themselves as a member of this noble profession, they would lose protection. To uphold the majesty of law and make the working of the court functional, it was important that the Bar associations took action against their erring leaders. On November 14, the Apex Court had issued warning to the agitating lawyers that their registrat...

The Supreme Court has transferred the murder trial of former AP Minister YS Vivekananda Reddy from Andhra Pradesh to Special CBI Court Hyderabad after the wife and daughter of the deceased raised apprehensions regarding derailment of fair trial . A bench of Justice MR Shah and Justice MM Sundresh while hearing a petition filed by the daughter of Vivekananda Reddy, Suneetha Narreddy,orderd the transfer of the trial. It is important to note that Suneetha Narreddy, is the the cousin of Andhra Pradesh Chief Minister YS Jaganmohan Reddy The wife of Vivekananda Reddy, who was brutally stabbed to death at his residence in Pulivendula, Kadapa district in March 2019, was the co-petitioner in the case. The bench pronounced the operative portion of the order as follows : “Considering the facts and circumstances, it cannot be said that the apprehension on the part of the petitioners, being daughter and wife of the deceased, that there may not be fair trial and there may not be indep...

The Delhi High Court has sought a formal response from Delhi Lieutenant Governor (LG) Vinai Kumar Saxena on a plea by Jasmine Shah, a leader of the ruling Aam Aadmi Party (AAP), who was restricted from discharging the functions of Vice-Chairman of Dialogue and Development Commission of Delhi (DDCD) after the order by the LG. A single-judge bench of Justice Prathiba M Singh said that it will examine the LG’s response, before deciding whether he could have passed an order like that. The counsel for the Delhi government informed the Court today that as per the LG’s request the planning department has been ordered to rescind its order closing Shah’s office and withdrawing facilities accorded to him. The Delhi Lieutenant Governor (LG) Vinai Kumar Saxena was represented by the Additional Solicitor General (ASG) Sanjay Jain, who said that it is more to the order as there are ‘larger issues’ involved in the case. Justice Pratibha M Singh said that she needs affidavits on rec...

The Delhi High Court has referred to its Mediation and Conciliation Centre, the companies Parle Products Private Limited and Britannia Industries, for resolution of their dispute over the alleged disparaging advertisements of Britannia Milk Bikis against Parle-G biscuits. The Single-Judge Bench of Justice Prathiba M. Singh passed the order on November 22 on a suit filed by Parle, seeking permanent injunction against the alleged disparagement and infringement in the video and print advertisements of Britannia Milk Bikis products. The High Court directed that till the time the settlement was explored between the parties, the two print advertisements of Britannia shall not be re-published. It observed that a perusal of the two print advertisements clearly showed that the use of terms such as ‘G-NAHI’, ‘Adhura poshan’ clearly made a reference to Parle-G biscuits. Justice Singh, while noting that Britannia was willing to amicably resolve the matter, appointed Senior Advocate J.P. S...

The Supreme Court in its order on Monday stayed till February 9, next year, the 2019’s Bombay High Court’s order directing for demolition of 114-year-old National Insurance Building situated at Worli in Mumbai. The Supreme Court bench, headed by the Chief Justice of India (CJI) Dr Dhananjaya Yeshwant Chadrachud passed the order, after hearing from the Attorney General (AG) of India, R Venkataramani, who today mentioned the matter before it and sought some interim measures on the Bombay High Court’s 2019 order. “We stay the order till February 09, 2023, of the Bombay High Court, which directed the BMC to demolish the National Insurance Building. We will hear the matter next in February 09,” the bench led by CJI Chandrachud said.. The post Supreme Court stays High Court of Mumbai order for demolishing 114-year-old National Insurance building in Mumbai appeared first on India Legal . from Top News of the Day – India Legal https://ift.tt/I65VCmJ

The Secretary General of Supreme Court has informed the Apex court that registry and National Informatics Centre (NIC) do not have sufficient infrastructure at present to live-stream the top court’s proceedings without relying on third party applications. In an affidavit filed before the top court the Secretary General submitted that the dependency on third party applications to offer the live streaming services to a larger audience is inevitable. The affidavit said said that it would like to bring it into the notice of the court that court that not only the registry but NIC as well do not have sufficient technical and infrastructure at present. The Secretary General also added that the Court is trying to figure out a solution for making live streaming smooth without the third party application. The former RSS ideologue KN Govindacharya to safeguard copyright over live-streamed court proceedings, especially on YouTube had filed an affidavit in the court, when the Secretar...

The Allahabad High Court has allowed the bail application of Ajit Kumar, accused of kidnapping and raping a minor girl. A Single Bench of Justice Rahul Chaturvedi passed this order while hearing a Criminal Misc Bail Application filed by Ajit Kumar. By means of the bail application the applicant, who is facing prosecution in connection with Case under Sections 363, 366, 323, 504, 506, 376-D IPC and Section 3/4 POCSO Act and Section 3(2)(V) SC/ST Act, police station Soraon, district Prayagraj, is seeking his enlargement on bail during trial. The applicant has been in jail since 24.4.2022. Contention raised by the counsel for the applicant is that on 31.3.2022 the father of the victim has lodged the FIR against the sole named accused Ajeet Kumar with the allegation that in the intervening night of 29.3.200 at about 11.00 in the night his daughter (17 years of age) was enticed away by the applicant and when he woke up than the informant found her daughter was not present in the room, a...