Legopolis

The Allahabad High Court has rejected the bail application of Jay Kant Bajpai @ Jay, involved in the incident of Kanpur (Vikroo) in which eight police personnel including the Circle Officer, Bilhore, were done to killed mercilessly and seven others police personnel received grievous injury. A Single Bench of Justice Mayank Kumar Jain passed this order while hearing a Criminal Misc Bail Application filed by Jay Kant Bajpai @ Jay. The bail application has been filed on behalf of the applicant Jay Kant Bajpai @ Jay in Case under Sections 147, 148, 149, 332, 353, 333, 307, 302, 396, 412, 120-B, 34, 504, 506 of I.P.C; Section 7 of the Criminal Law Amendment Act and Section 3/4 of Explosive Substance Act, Police Station Chaubeypur, District Kanpur Nagar with the prayer to enlarge him on bail during the trial. As per the version of the prosecution, case under section 147, 148, 504, 323, 364, 342,307 IPC and Section 7 Criminal Law Amendment Act was registered at Police Station Chaubepur, D...

The Bombay High Court issued notice on a Public Interest Litigation (PIL) filed on the issue of thousands of stray dogs roaming around in the city Aurangabad. The Aurangabad Bench of Justice Ravindra V. Ghuge and Sanjay A. Deshmukh perused the report of the Registrar (Judicial), dated 02.05.2023. The said authority has opined that this Petition involves public interest. The Petitioner in person before the High Court is a young practicing advocate at Aurangabad Bench, who has taken up the issue of thousands of stray dogs, roaming around in the city and procreating despite the Corporation spending Crores of Rupees on the “Animal Birth Control (ABC) Programme”. The Bench is of the view that the Petitioner has raised a very important issue, considering not only the rapid multiplication of the number of the stray dogs, but, even the life threatening incidents that have occurred on account of the attacks of stray does on the citizens and more particularly the young children in the city. ...

The Gauhati High Court asked the Educational department of Assam to ensure implementation of the Right to Education (RTE) Act and disregard lame excuses given by private schools in Guwahati for not implementing the Act . A Bench of Chief Justice (CJ) Sandeep Mehta and Justice Arun Dev Choudhury was responding to submissions made by counsel for the education department, who highlighted the reasons cited by private schools for delay in admitting students under Act. While some schools said that they are centres for board examinations, certain other schools said that parents had not applied directly under the Act. CJ Mehta told the department during the hearing on May 29 that these are lame excuses … do not [just] follow directions blindly, apply your mind. The Court was hearing a public interest litigation (PIL) petition regarding the implementation of the RTE Act. The counsel for the petitioner discussed status reports regarding pending admissions and r...

The Allahabad High Court while dismissing the appeal observed that such persons, who committed heinous crime in murdering the deceased by pouring kerosene oil on her and setting her on fire only because she was a strong protester of their illicit relationship, are not entitled to any leniency from us. Such persons, who are black spot in the society, cannot be set at liberty. The Division Bench of Justice Kaushal Jayendra Thaker and Justice Shiv Shanker Prasad passed this order while hearing a Criminal Appeals filed by Jai Kishan @ Bablu and Smt Anita. Both the criminal appeals are directed against the judgment dated 20th August, 2013 passed by the Additional Sessions Judge, Ghaziabad in Sessions Trial, arising out of Case under Sections 302/120B I.P.C, Police Station-Bahadurgarh, District-Ghaziabad, whereby accused-appellants Jaikishan @ Bablu and Smt Anita have been convicted for an offence Section 302 I.P.C and have been sentenced to life imprisonment along with Rs10,000/- fine fo...

The National Green Tribunal (NGT) dismissed an Application seeking a direction to the State of Andhra Pradesh and the District Collector, Srikakulam to take action against the authorities who are acting in the interest of grabbers by allowing constructions of private buildings in Kummarigunta Village andThogiri Revenue Village by cutting 10 numbers of trees which were more than 150 years old in Ralla Gutta in Saravakota Mandal, Srikakulam District in Andhra Pradesh in the name of construction of Anganwadi building. The application is filed by Forum for Social Justice & Anti-Corruption (NGO). In the said application, this Tribunal has directed the District Collector, Srikakulam, who is the authority concerned, to enquire into the matter after affording an opportunity of hearing to the applicant, herein, and pass orders considering the issue of cutting trees. The District Collector was directed to file its report within a period of 04 (four) weeks. Pursuant to the order, the Dist...

The National Green Tribunal (NGT) dismissed an Application seeking a direction to the State of Andhra Pradesh and the District Collector, Srikakulam to take action against the authorities who are acting in the interest of grabbers by allowing constructions of private buildings in Kummarigunta Village andThogiri Revenue Village by cutting 10 numbers of trees which were more than 150 years old in Ralla Gutta in Saravakota Mandal, Srikakulam District in Andhra Pradesh in the name of construction of Anganwadi building. The application is filed by Forum for Social Justice & Anti-Corruption (NGO). In the said application, this Tribunal has directed the District Collector, Srikakulam, who is the authority concerned, to enquire into the matter after affording an opportunity of hearing to the applicant, herein, and pass orders considering the issue of cutting trees. The District Collector was directed to file its report within a period of 04 (four) weeks. Pursuant to the order, the Dist...

A petition has been filed in the Supreme Court seeking directions to the Central government to curb the cross-border narco terrorism being spread in the border state of Manipur by armed Kuki militants infiltrating from Myanmar. Filed by NGO ‘People’s Alliance for Peace and Progress Manipur,’ the petition alleged that illegal migrants were infiltrating from Myanmar to Manipur, calling themselves the soldiers of ‘Kukiland’. It noted that the suspension of operation (SoO) against these militants had resulted in unhindered encroachment of reserve and protected forest land, which was being used for illegal activities like poppy cultivation, arms running and drug trafficking.  The resultant fall out of the situation was the present human crisis, wherein a large number of people had been displaced from their homes, disturbing normalcy in the state, noted the plea. As per the petition, if narco terrorism in the north-eastern border areas of India was not acknowledged by the Union gove...

The Delhi High Court has accepted approved the petition by a Korean national, Daeyoung Jung who wanted permission to enroll as an advocate in India. The order was pronounced by Justice Yashwant Varma,who directed the Bar Council of India (BCI) for permitting the application by Jung for enrolment with the Bar Council of Delhi (BCD). A details of the order are yet to come. The Bar Council of Delhi was approached by Jung, for the permission to be enrolled, but it was rejected. After facing the rejection from BCD, he sent a representation to the BCI, which was also rejected. Post rejections, he approached the High Court and submitted that his law degree is from an Indian institution. He further submitted that the decision by BCI to refuse him as eligible for enrolment as an advocate on the rolls of BCD, was wrong. The petitioner also said that an Indian national who obtains a law degree in Korea is entitled to practice in Korea and therefore, as per Section 24 of Advocates...

Otherwise, the State should ensure the ethical treatment of animals across the board, even those which are culled for human consumption and those which are used as farm animals, including the mode and manner of transportation thereof.” The Meghalaya High Court made the above observation while closing a Public Interest Litigation (PIL) filed by Gau Gyan Foundation pertaining to the treatment of animals that are culled for human consumption and the transportation of animals across the State. The State has filed a status report and the petitioner, upon going through such status report filed pursuant to order dated May 4, 2023, expresses satisfaction regarding several of the initiatives and measures taken by the State. In particular, the petitioner expresses gratitude for the State having adopted several of the suggestions made in the detailed reports filed by the petitioner. Despite there being Central enactments and local regulations pursuant to the Central enactments, the petitione...

The Allahabad High Court while rejecting the bail application of rape accused observed that all sexual assaults on female children are not reported and do not come to light yet there is an alarming and shocking increase of sexual offences committed on children. A Single Bench of Justice Sanjay Kumar Singh passed this order while hearing a Criminal Misc bail Application filed by Rajesh. By means of the application, applicant Rajesh, who is involved in Case under Sections 376AB of I.P.C, & under Section 5m/6 POCSO Act, Police Station Dauki, District Agra, seeks enlargement on bail during the pendency of trial. As per prosecution case the informant who is mother of the victim lodged a first information report on 14.01.2022 for an alleged offence under Section 376 I.P.C and Section 3/4 of POCSO Act against the applicant Rajesh making allegations inter-alia that on 14.01.2022 at about 05:50 PM when her daughter aged about 7 years had gone to field, the applicant by alluring her for ...

The Allahabad High Court while rejecting the bail application of rape accused observed that all sexual assaults on female children are not reported and do not come to light yet there is an alarming and shocking increase of sexual offences committed on children. A Single Bench of Justice Sanjay Kumar Singh passed this order while hearing a Criminal Misc bail Application filed by Rajesh. By means of the application, applicant Rajesh, who is involved in Case under Sections 376AB of I.P.C, & under Section 5m/6 POCSO Act, Police Station Dauki, District Agra, seeks enlargement on bail during the pendency of trial. As per prosecution case the informant who is mother of the victim lodged a first information report on 14.01.2022 for an alleged offence under Section 376 I.P.C and Section 3/4 of POCSO Act against the applicant Rajesh making allegations inter-alia that on 14.01.2022 at about 05:50 PM when her daughter aged about 7 years had gone to field, the applicant by alluring her for ...

The Patna High Court dismissed a Public Interest Litigation (PIL) filed seeking directions to the Government of Bihar to act upon the detailed project report prepared by Municipal Commissioner, Munger for development of Maa Chandika Sthan, Munger, Bihar. Ancillary prayers were also made for commanding the respondent authorities to initiate programs for development of tourism in the area so as to provide employment and livelihood for the people in Munger. The Division Bench of Chief Justice K. Vinod Chandran and Justice Rajiv Roy did not see any public interest involved in the prayers except for seeking employment to the locals of a particular district; which the State Government has a responsibility to seek to ensure all over the State. “However, this does not come in a day, or on judicial orders issued by us. Various policies are implemented by the State and the Central Government for the purpose of providing employment to the rural people. There could be no claim made by any indi...

The Allahabad High Court, while dismissing the criminal revision, observed that a Magistrate can drop proceedings against an accused under the Negotiable Instruments Act if he offers a fair and acceptable amount, which, in the opinion of the court, is appropriate for duly compensating the complainant. A Single Bench of Justice Jyotsna Sharma passed this order while hearing a Criminal Revision filed by Smt Rani Gaur. By means of the criminal revision, the revisionist has challenged an order dated 23.03.2023 passed by Session Judge, Meerut in criminal revision whereby the revisional court set aside the order dated 24.02.2023 passed by the Additional Special, Meerut in criminal complaint case under Section 138 of the Negotiable Instrument Act, Police Station Partapur, District Meerut. The facts of the case are that the revisionist filed a complaint on 11.08.2009 under Section 138 of the Negotiable Instrument Act, which is pending before the trial court; during the course of proceeding...

The Uttarakhand High Court has dismissed a Public Interest Litigation (PIL) seeking to espouse the cause of the residents of Badrinath Township, who were allegedly facing a massive demolition drive at the hands of the state and the District Administration. It is claimed by the petitioner that the properties of residents of the Badrinath Township were being taken over, without complying with any provision of law by the state, and people were being rendered homeless. It was alleged that acquisition proceedings have not been undertaken under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, to implement the project in relation to Badrinath Township. The Bench of Chief Justice Vipin Sanghi and Justice Rakesh Thapliyal find it rather puzzling to see that not a single person, whose rights are adversely affected by the so-called execution of the dream project, is before the Court. “The petitioner is not himself affected by the...

The High Court of Delhi issued notice on Monday on a petition moved by the National Investigation Agency (NIA) seeking death penalty for Jammu and Kashmir Liberation Front (JKLF) chairperson and Kashmiri separatist leader Yasin Malik, who was sentenced to life imprisonment last year in a terror funding case. The Division Bench of Justice Siddharth Mridul and Justice Talwant Singh sought response from Yasin Malik through the concerned Tihar Jail Superintendent and listed the matter for hearing on August 9. Appearing for NIA, Solicitor General Tushar Mehta argued that propagating one region to be separated from the country made it a ‘rarest of rare case,’ which deserved death sentence. Noting that in this way, everyone would avoid trial, the SG said any terrorist could come to the country and carry out terrorist activities. The court would say since he has pleaded guilty, he would be awarded life sentence and not capital punishment. The SG contended that Malik was responsible for th...

The High Court of Uttarakhand has issued notice to All India Muslim Personal Law Board (AIMPLB) on a petition challenging the permissibility of marriage of girls below 18 years of age under the Muslim law. The Bench of Chief Justice Vipin Sanghi and Justice Alok Kumar Verma recently directed the Board to respond within four weeks on a PIL moved by the Youth Bar Association of India, questioning the permissible age of marriage of girls under the Muslim law. The petition sought directions to the Central government to formulate a Standard Operating Procedure ensuring that girls below 18 years of age may not be permitted to marry, irrespective of their religion, customs, and local or personal laws in the larger public interest. Referring to the practice permissible under Muslim Law, the plea stated that a Muslim girl was permitted to enter into a valid marriage at the age of 15 years, while she was a child herself. The rule violated her basic right to live with dignity, education, heal...

The Chairperson of IIAC, retired Justice Hemant Gupta said that although the India International Arbitration Centre (IIAC) has support from government, it does not run at the whims and fancies of the Central government. Justice Gupta assured many of the prominent law firms that even though IIAC is funded by the Central government, it will function without interference. The IIAC Chairman said that the Government support is one thing and having an overbearing effect is another… SIAC [Singapore International Arbitration Centre] was also created as an Act of government… As far as our Centre is concerned, the three appointments have the similar procedure as Supreme Court judges. We don’t work at the whims and fancies of the government. While addressing the representatives of several law firms attending the ‘Indian Arbitration Leadership Roundtable’ organised by the IIAC. The IIAC Chairperson said that they are making efforts to “design the IIAC as a hub for international arbitration an...

The Chairperson of IIAC, retired Justice Hemant Gupta said that although the India International Arbitration Centre (IIAC) has support from government, it does not run at the whims and fancies of the Central government. Justice Gupta assured many of the prominent law firms that even though IIAC is funded by the Central government, it will function without interference. The IIAC Chairman said that the Government support is one thing and having an overbearing effect is another… SIAC [Singapore International Arbitration Centre] was also created as an Act of government… As far as our Centre is concerned, the three appointments have the similar procedure as Supreme Court judges. We don’t work at the whims and fancies of the government. While addressing the representatives of several law firms attending the ‘Indian Arbitration Leadership Roundtable’ organised by the IIAC. The IIAC Chairperson said that they are making efforts to “design the IIAC as a hub for international arbitration an...