Legopolis

The Allahabad High Court has modified the conviction of persons who had been found guilty of kidnapping a 11-year-old boy while allowing the appeals of the convicted persons. The Division Bench of Chief Justice Pritinker Diwaker and Justice Nalin Kumar Srivastava passed this order while hearing a criminal appeal filed by Indra Pal and another. The Special Judge (DAA) / Additional Sessions Judge, Etah by the dated 22.11.2008 passed in Special Sessions Trial, PS Soron, District Etah convicted and sentenced the appellants under Section 364A IPC to undergo life imprisonment with a fine of Rs 2,000 each and under Section 307 IPC read with Section 149 IPC to undergo seven years rigorous imprisonment with a fine of Rs 500 each and in default of payment of fine, to undergo three months additional rigorous imprisonment. Aggrieved with the said judgment, the appeals have been preferred by the convicts. The facts of the case are that a First Information Report was lodged by informant Chandra...

Afzal Ansari, BSP MP from Ghazipur in Uttar Pradesh and brother of former MLA Mukhtar Ansari, was today convicted under the Gangster Act and sentenced to 4 years imprisonment in the Gangster Act case. The Ghazipur MP/MLA court pronounced the sentence, moments after Afzal’s conviction in the case, along with his brother Mukhtar Ansari. As per the provisions in Article 102 r/w Section 8 (3)of the Representation of People Act 1951, Ansari would now be disqualified as member of the Lok Sabha. The post BSP MP Afzal Ansari sentenced to 4-year imprisonment, set to lose Lok Sabha membership appeared first on India Legal . from India Legal https://ift.tt/Na1C0XY

Lead Visual: Shantanu Mitra The post May 8, 2023 appeared first on India Legal . from India Legal https://ift.tt/7CGabOI

The Lucknow Bench of Allahabad High Court has granted bail to Dewan Housing Finance Ltd’s (DHFL) former CMD Kapil Wadhawan in a multi-crore provident fund fraud case. A single-judge bench of Justice Subhash Vidyarthi passed this order while hearing a Criminal Misc Bail Application filed by Kapil Wadhawan. The application has been filed seeking release of the applicant on bail in Criminal Case registered with Police Station CBI/ACB, Lucknow, under Section 120-B read with Sections 409, 420, 467, 468, 471 IPC and Section 7-A, 8 and Section 13 (2) read with Section 13 (1) (d) of Prevention of Corruption Act, 1988, pending in the Court of Additional District Judge/Special Judge, Anti Corruption, CBI (West), Lucknow. On 02.11.2019, a First Information Report bearing Case under Sections 409, 420, 467, 468 and 471 IPC was lodged in Police Station Hazratganj, Lucknow by I.M. Kaushal, Secretary of Uttar Pradesh Power Corporation Contributory Provident Fund Trust against (1) Praveen Kumar Gup...

The Bombay High Court disposed of a Public Interest Litigation (PIL) filed seeking a probe into the quality of construction, structural safety of the superstructures of metro stations and systematic failure of the Quality Assurance / Quality Control system of the Pune Metro Rail Project in Pune. According to the petitioner, there are gross violations and lapses in the construction of Metro Stations of Pune Metro on Reach II of Line 2 of Pune Metro Rail Project thereby seriously endangering life and safety of commuters using the Reach II as well as passersby and pedestrians traveling below the Metro Stations situated on the Reach II. It is submitted by the Respondents that the COEP Technological University, Shivaji Nagar, Pune was appointed and the report is submitted. According to the Counsel for the Petitioners, the said report presented by the Associate Professor in Civil Engineering, Civil Engineering Department, COEP Technological University, Pune records the following suggesti...

The Calcutta High Court has directed that if the transportation of cattle is done in contravention of the Transport of Animal Rules, 1978, the vehicles involved shall be seized and the owner and the transporter shall be prosecuted in accordance with the provisions of the rules and other related statutes. The Division Bench of Acting Chief Justice T. S. Sivagnanam and Justice Hiranmay Bhattacharyya disposed of a Public Interest Litigation (PIL) seeking a direction to the respondents to take action upon the livestock cattle market situated at Birshibpur, Howrah on the allegation that the market has been conducted without following norms prescribed under the Agricultural Produce Marketing (Regulation) Act, 1972. When the matter was heard by the Court on December 13, 2022, the status report filed by the Advocate General was taken on record from which it was seen that the livestock cattle market was being run by following procedure under the Agricultural Produce Marketing (Regulation) Ac...

An MP/MLA court in Ghazipur district of Uttar Pradesh today convicted and sentenced former MLA Mukhtar Ansari to 10-year imprisonment and imposed a fine of Rs 5 lakh in two separate cases under the Gangster Act. The Ghazipur court convicted Ansari for his alleged involvement in the kidnapping of Vishwa Hindu Parishad office-bearer Nandkishore Rungta in 1996 and in the murder of Bharatiya Janata Party MLA Krishnanand Rai in 2005. Earlier in December 2022, a local court in Ghazipur had convicted Ansari and his aide (Bhim Singh) in a 26-year-old case registered under the Gangster Act. This was the third case in which he has been convicted in 2023. He has been sentenced to 10 years in jail. The post Former MLA Mukhtar Ansari sentenced to 10-year imprisonment in 2 cases under Gangster Act appeared first on India Legal . from India Legal https://ift.tt/zPhsteK

Supreme Court directs Patna High Court to decide plea seeking stay on casre census in Bihar on merits The Supreme Court has directed the Patna High Court to decide on merits a petition seeking stay on the ongoing caste census in Bihar. The Bench of Justice MR Shah and Justice JB Pardiwala on Friday, while noting that casteism was rampant in every field in Bihar, be it bureaucracy, service or politics, refused to grant any interim relief in the matter. The petitioner had moved the Apex Court after the High Court denied interim relief in the matter. The Bench observed that the High Court ought to have heard the matter on merits before deciding on whether or not to grant interim relief. It directed that a Division Bench of the High Court should hear the matter expeditiously. Noting that it was not saying anything on merits, the Bench directed the High Court to ‘take a call’ on the same.   A petition was moved by Youth for Equality, an organisation working against caste-based p...

The statement by the Bar Council of India’s (BCI)opposing hearing of the same sex marriage case by the Supreme Court was condemned by the Supreme Court Bar Association (SCBA). The SCBA passed the resolution in this regard stating that it is the duty of the Apex court to hear the petition and decide whether it should be adjudicated by the Court or be left to the wisdom of the parliament. The resolution by the SCBA Executive Committee mentioned that they inappropriate for the BCI to issue a Press Statement dated which opposes hearing of the matter on same sex by the Supreme Court. The resolution mentions that it is the responsibility of the Court to hear the petition and decide if the matter should be sent to the parliament or be adjudicated by the Court. The SCBA has very clearly mentioned that the resolution should not be construed to imply that it is supporting or opposing the petitioner in the matter pending before the top court. A joint meeting was held on Sunday between the B...

The Supreme Court on Friday directed the Chief Justice of Calcutta High Court to transfer the proceedings pending before Justice Abhijit Gangopadhyay against Trinamool Congress leader Abhishek Banerjee in relation to the school-for-jobs case, to another judge. The order was passed by the Bench of Chief Justice of India D.Y. Chandrachud and Justice P.S. Narasimha, taking strong objection to the interview given by sitting Calcutta High Court judge Justice Abhijit Gangopadhyay to news channel ABP Ananda regarding a case related to Trinamool Congress leader Abhishek Banerjee being heard by him. The Apex Court said that it has taken into consideration the note prepared by Justice Gangopadhyay in respect of Annexure P7 and also perused the transcript of the interview, which was authenticated on April 26, 2023 by the interpreting officer on the original side of the High Court. The Bench granted liberty to the new judge, who would be assigned the case by the High Court, to take up all appl...

A local court in Maharashtra on Friday acquitted actor Sooraj Pancholi in the death case of his former girlfriend and actor Jiah Khan, who was found dead in her Juhu apartment on June 3, 2013. Special Judge A.S. Sayyad at the CBI Court in Mumbai acquitted Pancholi on the grounds of ‘paucity of evidence’ in the case. Sooraj, son of actors Zarina Wahab and Aditya Pancholi, was arrested on June 10, 2013. The  Bombay High Court granted him bail in July, 2013. Jiah’s mother Rabia Khan had moved the High Court, alleging foul play in her daughter’s death. The High Court transferred the investigation to the Central Bureau of Investigation in 2014. CBI filed a charge sheet in 2015 and booked Pancholi with abetment of suicide, but ruled out murder. As per the prosecution, Jiah had left Pancholi’s house on the morning of her alleged suicide on June 3, 2023. Total 22 witnesses were examined in the case by the prosecution.  CBI claimed that Pancholi had hidden facts and fabricated in...

The Supreme Court on Friday gave clean chit to former Chief Minister of Punjab Parkash Singh Badal, his son and Shiromani Akali Dal President Sukhbir Singh Badal, along with SAD vice-president Daljit Singh Cheema in an alleged forgery case over the political party’s dual constitutions Quashing summoning orders issued by the Punjab and Haryana High Court, the Bench of Justice M.R. Shah and Justice C.T. Ravikumar noted that the accused had been summoned to face the trial but none of the ingredients of the offences (cheating and forgery) were made out against them. It said the summoning order was nothing, but an ‘abuse of law’. The Apex Court further set aside the High Court verdict and observed that the High Court should have quashed the proceedings then and there.  The Bench further clarified that it had not expressed anything on the Constitution of the Shiromani Akali Dal and hence, the pending proceedings before the Election Commission of India (ECI) should not be influenced ...

The Supreme Court has ruled that irretrievable breakdown of a marriage can be read as a ground of cruelty under Section 13 (1)(ia) of the Hindu Marriage Act for the dissolution of marriage. The order was passed recently by the Bench of Justice Sudhanshu Dhulia and Justice J.B. Pardiwala, while considering the appeal of a husband, who has been living separately from his wife for the past 25 years.  As per the petition, the couple lived together as husband and wife for around four years and then went their separate ways. Both the husband and wife have filed numerous cases against each other.  In 2009, the Family Court had allowed the husband’s petition for dissolution of marriage on the ground of cruelty. However, the decree of divorce was reversed by the High Court of Delhi in 2011. Irretrievable breakdown of a marriage was not yet a ground for dissolution of marriage, though a recommendation to that effect was made by the Supreme Court in Naveen Kohli vs Neelu Kohli in 20...

The Central government has given a green signal to the appointment of judicial officer Sanjay Kumar Jaiswal as a judge of the Chhattisgarh High Court. The Union Law Minister Kiren Rijiju through his Twitter account has announced the appointment of the judicial officer Sanjay Kumar Jaiswal as a judge of the Chhattisgarh High Court. The tweet by the law Minister reads that as per the power conferred by the Constitution of India, the President of India, after consultation with Chief Justice of India, is pleased to appoint the following as Judges in the High Courts and also transfer High Court Judges. The recommendation of the judicial officer’s  by the Supreme Court Collegium took place on April 12. According to the Supreme Court Collegium, the High Court collegium made the recommendation in September 2022. As per the norms, the appointment was sent to the concern authorities for a review. Consequently, since comments of the Governor as advised by the C...

The Union government on Thursday apprised the Bombay High Court that the fact-checking unit under the amended IT Rules will not be notified till July 5. Appearing for the Centre, Additional Solicitor General Anil Singh told the Division Bench of Justice G.S. Patel and Justice Neela Gokhale that he had instructions to make a statement that FCU will not be notified till July 5. The High Court was hearing a petition filed by stand-up comic Kunal Kamra, challenging the recent amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. Kamra said in the plea that change in the rule would empower the Central government to identify ‘Fake News’ about itself in the social media. He said the change in Rules were manifestly arbitrary, for they made the Central government the judge and prosecutor in its own cause, thus violating a fundamental principle of natural justice. Taking note of Kamra’s plea that the amended rule even without the FCU ...

The Union government on Thursday apprised the Bombay High Court that the fact-checking unit under the amended IT Rules will not be notified till July 5. Appearing for the Centre, Additional Solicitor General Anil Singh told the Division Bench of Justice G.S. Patel and Justice Neela Gokhale that he had instructions to make a statement that FCU will not be notified till July 5. The High Court was hearing a petition filed by stand-up comic Kunal Kamra, challenging the recent amendments to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. Kamra said in the plea that change in the rule would empower the Central government to identify ‘Fake News’ about itself in the social media. He said the change in Rules were manifestly arbitrary, for they made the Central government the judge and prosecutor in its own cause, thus violating a fundamental principle of natural justice. Taking note of Kamra’s plea that the amended rule even without the FCU ...

The Gauhati High Court has refused to grant interim bail to the Youth Congress National president Srinivas BV who has been charged for outraging modesty of former party leader. In his plea, the  leader had requested the court to quash an FIR filed against him by an expelled party leader accusing him of outraging her modesty and heckling her. Justice Ajit Borthakur found that the statement of the victim (woman) under Section 164 Cr.P.C. was needed for a correct decision before the interim prayer of the petitioner was considered. The Court while refusing to grant interim prayer to stay the FIR said that only after receipt of the scanned copy of the case diary and service of notice on the complainant is submitted, a decision can be taken in this regard. The former President of the Assam Youth Congress, inter-alia, stating that Srinivas persistently harassed her mentally by way of sexist and slang words and also threatened her with dire consequences if she disclosed the same ...

The Supreme Court on Wednesday granted anticipatory bail to Dr Mirza Moziz Beg, an assistant professor at Indore’s New Government Law College, in relation to a First Information Report (FIR) registered against him over allegations of promoting Hinduphobia and anti-India propaganda. A bench of Justice  AS Bopanna  and  Dipankar Datta  passed the order granting anticipatory bail to Dr Beg. According to a  report  in  ThePrint,  Akhil Bharatiya Vidyarthi Parishad (ABVP), the student wing of the Rashtriya Syayamsevak Sangh (RSS), had been protesting since December 1, 2022 over what they claimed was a “Hinduphobic” book in the library of the Shasakiya Navin Vidhi Mahavidyalaya (New Government Law College) in Indore. The allegations led to faculty suspensions, the Principal, Prof Inamur Rehman’s resignation and a police case. It involved two books written by Dr Farhat Khan titled  ‘Collective Violence and Criminal Justice System’  and...

The Allahabad High Court while allowing an application observed that an order issuing a summons to an accused for an offense under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, can be challenged by filing an application under Section 482 CrPC. A Single Bench of Justice Rahul Chaturvedi passed this order while hearing an application under section 482 filed by Devendra Yadav and 7 Others. The question of sustainability of the 482 Cr.P.C application against the order of summoning under Sections 147, 148, 323, 354 Kha, 452, 504 IPC and Section 3(1)(X) SC/ST Act, P.S Bilhaur, District Kanpur Nagar pending in the court of Additional District & Sessions Judge/Special Judge, SC/ ST Act, Kanpur Dehat and impugned summoning order dated 19.11.2022 passed by the same court. The extraordinary powers of the Court has been invoked by the applicants challenging the entire proceeding of the under the aforesaid sections of the IPC pending in the court of Additio...

The Supreme Court on Wednesday granted anticipatory bail to Dr Mirza Moziz Beg, an assistant professor at Indore’s New Government Law College, in relation to a First Information Report (FIR) registered against him over allegations of promoting Hinduphobia and anti-India propaganda. A bench of Justice  AS Bopanna  and  Dipankar Datta  passed the order granting anticipatory bail to Dr Beg. According to a  report  in  ThePrint,  Akhil Bharatiya Vidyarthi Parishad (ABVP), the student wing of the Rashtriya Syayamsevak Sangh (RSS), had been protesting since December 1, 2022 over what they claimed was a “Hinduphobic” book in the library of the Shasakiya Navin Vidhi Mahavidyalaya (New Government Law College) in Indore. The allegations led to faculty suspensions, the Principal, Prof Inamur Rehman’s resignation and a police case. It involved two books written by Dr Farhat Khan titled  ‘Collective Violence and Criminal Justice System’  and...