Legopolis

The Central government on Friday approved the re-appointment of Tushar Mehta as Solicitor General for India for a period of three years.  This is the second extension granted to Mehta by the Union of India. The Appointments Committee of the Union Cabinet further approved the re-appointment of  Vikramjit Banerjee, K.M. Nataraj, Balbir Singh, S.V. Raju, N. Venkataraman and Aishwarya Bhati as Additional Solicitors General (ASGs). Madhavi Diwan, Sanjay Jain and Jayant K. Sud will not continue as Additional Solicitors General. The Department of Personnel & Training Secretariat of the Appointments Committee of the Cabinet under the Union Ministry of Personnel, Public Grievances & Pensions further approved the re-appointment of Chetan Sharma as Additional Solicitor General of Delhi High Court. It approved the re-appointment of Satya Pal Jain as Additional Solicitor General of Punjab and Haryana High Court. The Union government approved the re-appointment of Devang Gir...

The Government of National Capital Territory of Delhi (GNCTD) on Friday moved the Supreme Court against the ordinance brought out by the Union of India, saying that the ordinance, if passed, would completely sideline the elected government from control over its civil services. Terming the Government of National Capital Territory (Amendment) Ordinance 2023, promulgated by the President on May 19 as an ‘unconstitutional exercise’ of ‘executive fiat,’ the writ petition contended that the ordinance would take away the powers of the GNCTD to control the civil servants working in the national capital. It pointed out that the Ordinance was brought out a week after a Constitution Bench of the Supreme Court pronounced that the Delhi Government had power over Entry 41 of List II (services).  Filed by Advocate-on-Record Shadan Farasat, the petition said the Union of India, by way of the Ordinance, had overturned the Supreme Court’s verdict.  It further said the Ordinance violated th...

The Supreme Court of India after the ongoing summer vacation, will reopen on July 3. The court would now have a new scientifically-driven roster. As per the media sources, the new roster system will be based on the inflow and pendency of cases, after considering the domain expertise of the judges of  the top court. As per the information, more judges have been assigned for the ordinary civil, criminal and service cases as we have the highest inflow and pendency on the same. It was also brought to notice that the public interest litigation (PILs) will be heard by benches led by the Chief Justice of India and the two senior-most puisne judges in most cases,for the disposal of old cases. As per the sources,the system needed re-jigging, pointing to the recent spate of retirements and impending ones, which necessitated redistribution of case categories. Very soon,there will be specialised benches for direct and indirect taxation, land acquisition, compensation (including moto...

The Bombay High Court has held that in a Public Interest Litigation, the Court cannot permit the Petitioners to participate in judicial or quasi judicial proceedings pending before the Revenue Authorities, to which the Petitioners are not party. The Aurangabad Division Bench of Justice Ravindra V. Ghuge and Justice Y. G. Khobragade dismissed a Public Interest Litigation (PIL) filed intent to convey to the Bench that their desire is to protect the Gairan land situated in Hingoli, Taluka and District Hingoli. They are aggrieved that the person who was allocated the portion of that land, has indulged in creating third party interests. On deeper scrutiny of this Public Interest Litigation paper book, the Bench noted that the person who is alleged to have created third party interest, was before the Court in Petition of 2010. By an order dated 26.09.2013, the High Court have directed the Revenue Authorities to look into the issue of the use of the Gairan land. A proceeding is already ...

The Allahabad High Court while disposing the petition said that it is mandatory for the police investigation officer to inform and record the reasons for his arrest while arresting the person wanted in any crime. The Division Bench of Justice Mahesh Chandra Tripathi and Justice Prakash Padia passed this order while hearing a petition filed by Smt Rajkumari. The petition has been preferred for quashing the FIR dated 1.4.2023 being Case under Sections 3/7 Essential Commodity Act, 1955 P.S Thathiya, District Kannauj and for a direction to respondents not to arrest the petitioner pursuant to aforesaid FIR. The submission is that all alleged offences are punishable with imprisonment of seven years, therefore the police authorities are bound to follow the procedure laid down under Section 41-A CrPC. The petitioner has been wrongly implicated and could not be arrested. Counsel for the petitioner has placed reliance on the judgement of the Court dated 28.01.2021 in Criminal Misc Writ Peti...

The High Court of Karnataka has refused to stay the blocking order issued by the Ministry of Electronics and Information Technology (MeiTY) to Twitter Inc under Section 69A of the Information Technology Act. Rejecting the petition filed by the microblogging site, the Single-Judge Bench of Justice Krishna S. Dixit further imposed a cost of Rs 50 lakh on the social platform for its conduct.  The Bench rebuked the counsel appearing for Twitter for not complying with the notices issued to it, noting that punishment for non-compliance was seven-year imprisonment and unlimited fine. It said the petitioner did not submit any reason for delaying the compliance by more than a year. Then all of a sudden, the petitioner complied and approached the Court, noted the High Court, remarking that Twitter was not a farmer, but a billion dollar company. The High Court said it had framed eight issues in the matter. Regarding locus standi, it said this has been answered in Twitter’s favour. Regard...

The Allahabad High Court has stayed the arrest of Harjinder Singh, distributor of Broadband Internet service provider company DEN, and his son on charges of conspiracy and cheating and has sought reply from the state government within six weeks. The Division Bench of Justice Mahesh Chandra Tripathi and Justice Prakash Padia passed this order while hearing a petition filed by Harjinder Singh and Another. The petition has been filed with the prayer to quash the First Information Report 24.5.2023 registered as Case under sections 420, 409, 403, 441, 379, 427, 504, 506, 120B Indian Penal Code and Section 65 & 72 of Information Technology (Amendment) Act, 2008 and Section 25 of Indian Telegraph Act, 1885 at Police Station Izzatnagar, District Bareilly. Further prayer has been made not to arrest the petitioners in the aforesaid case. Counsel for the petitioners submitted that the impugned FIR has been lodged alleging therein that the informant’s company is in the busin...

The Allahabad High Court stayed the arrest of the petitioner in the case registered two years ago on charges of cheating at George Town police station and directed the petitioner to cooperate in the investigation. The Division Bench of Justice Mahesh Chandra Tripathi and Justice Prakash Padia passed this order while hearing a petition filed by Sandeep Mitra. The petition has been preferred for quashing the FIR dated 29.8.2020 being Case under Section 147, 148, 149, 323, 504, 506, 419, 420, 467, 468, 471, 406 and 120-B IPC, P.S George Town, District Prayagraj and for a direction to respondents not to arrest the petitioner pursuant to aforesaid FIR. The Court noted that, Counsel for the informant submitted that the other co accused has also preferred Criminal Misc Writ Petition (Madhurima Mitra v State of U.P & Ors) in which following conditional interim order was passed on 30.5.2023:- “Heard counsel for the petitioner, counsel for the first informant and AGA for the State. Co...

The Bombay High Court directed the state government to place on record the details regarding the State Council, District Committees/District Co-ordination-cum Monitoring Committees on implementation of the Maintenance and Welfare of Parents and Senior Citizens Act 2007. The Division Bench of Acting Chief Justice Nitin Jamdar and Justice Sandeep V. Marne heard a Public Interest Litigation (PIL) filed for a direction to respondent (State of Maharashtra) to issue detailed guidelines for licensing, registration and management of the old age homes across the State. Further directions are sought in respect of the scheme framed under the Maintenance and Welfare of Parents and Senior Citizens Rules 2010 . The prayers regarding old age homes are traceable to Section 19 of the Maintenance and Welfare of Parents and Senior Citizens Act 2007, which reads thus: – “19. (1) The State Government may establish and maintain such number of oldage homes at accessible places, as it may deem necessary, ...

Come July 3, the Supreme Court will witness a completely new process for listing and mentioning of fresh cases before the Chief Justice of India. The Apex Court, which is set to open on Monday after the summer vacation, will adopt to this new process, wherein all fresh miscellaneous matters which are verified by Tuesday will automatically be listed on the coming Monday, while those verified after Tuesday will be listed for Friday of the next week. The lawyers seeking listing of verified fresh matters prior to such allotted dates will be required to submit their mentioning proformas by 3 pm, so that their cases are heard on the next day. For those seeking listing on the same day, the proformas will have to be submitted by 10:30 am to the mentioning officer along with a letter of urgency. The CJI will then take a call on the same either during the lunch hours or ‘as the exigency may warrant’. For after-notice and regular hearing matters that are sought to be urgently listed, the Cou...

Come July 3, the Supreme Court will witness a completely new process for listing and mentioning of fresh cases before the Chief Justice of India. The Apex Court, which is set to open on Monday after the summer vacation, will adopt to this new process, wherein all fresh miscellaneous matters which are verified by Tuesday will automatically be listed on the coming Monday, while those verified after Tuesday will be listed for Friday of the next week. The lawyers seeking listing of verified fresh matters prior to such allotted dates will be required to submit their mentioning proformas by 3 pm, so that their cases are heard on the next day. For those seeking listing on the same day, the proformas will have to be submitted by 10:30 am to the mentioning officer along with a letter of urgency. The CJI will then take a call on the same either during the lunch hours or ‘as the exigency may warrant’. For after-notice and regular hearing matters that are sought to be urgently listed, the Cou...

The Allahabad High Court on Wednesday made it clear that a court did not have any religion of its own and was only concerned with the law and order situation of a state or country. Once again slamming the makers of movie Adipurush for portraying Hindu Gods such as Lord Ram, Lakshman, Hanuman and Goddess Sita in a poor light, the Bench of Justice Rajesh Singh Chauhan and Justice Shree Prakash Singh observed that the court of law was concerned with the sentiments of all religions equally. It noted that the sentiments of people must have been hurt by the way the movie portrayed the religious characters being worshipped for centuries.  The Bench further noted that in recent times, it had come across several movies wherein the Hindu god and goddess were shown in a funny way.  Expressing concern over the number of such incidents increasing day-by-day, the High Court mentioned a movie, wherein Lord Shankar was shown running with his Trishul in a very funny manner. The Bench fur...

Until a final decision is taken, the Kerala High Court directed the respondents not to implement the Government Orders under challenge in the interest of Adivasis. The Division Bench of Chief Justice S.V.N.Bhatti and Justice Basant Balaji heard a Public Interest Litigation (PIL) filed by the petitioner is a Society for Adivasis’ welfare, wellbeing, and improvement in the State of Kerala. The petition is filed in the public interest, particularly for the standard, upkeep, and objectivity in consideration of the candidates from the targeted group, namely Adivasis. The petitioner questions the legality, desirability, and appropriateness of the procedure for appointment as Schedule Tribe Promoters. The petitioner’s case is that dated 29.12.2021 has prescribed the selection process to the post of Scheduled Tribe Promoters/Health Promoters to be exclusively considered from out of Adivasis (Scheduled Tribes). The procedure prescribed is that the petition would go on to narrate, has a mean...

The Allahabad High Court has directed the family members including the opposition father to present the petitioner/ corpus on July 14 on the habeas corpus petition filed to Pinky Sharma (Corpus) of Sahibabad, Ghaziabad from illegal detention. A Single Bench of Justice Sanjay Kumar Singh passed this order while hearing a Habeas Corpus Writ Petition filed by corpus And 2 Others. The Habeas Corpus Writ Petition has been preferred alleging inter-alia that the petitioner no 1/corpus is wife of petitioner no 2- Golu Sharma. Both the petitioners are major and they have solemnized their marriage in Arya Samaj Vedic Sansthan Mandal, Ghaziabad on 20.03.2023 and got their marriage registered on the same day i.e on 20.03.2023 in the office of Marriage Registrar Officer-Vth, Ghaziabad and thereafter they were living as husband and wife. It is also alleged that on 28.05.2023, petitioner no 1/corpus has been forcibly taken away from the house of petitioner no 2 by the respondent nos 5 to 11 who ...

The Bombay High Court disposed of a Public Interest Litigation (PIL) filed seeking directions to establish circuit bench of the National Company Law Appellate Tribunal (NCLAT). The PIL filed by one Nicky Pokar further prayed – -directions for activating and enabling the e-filing; and -to have NCLAT proceedings through online/virtual mode as a permanent feature. The Public Interest Litigation was filed on 21 December 2020 and is pending. The Counsel for the Petitioner states that e-filing has been initiated in the NCLAT and states that this prayer is worked out. As regards the directions for establishing circuit bench, the Counsel states that proceedings will be taken out in the appropriate Court. Therefore, the Counsel restricts the Petition to the prayer regarding online/virtual mode of hearing in NCLAT on a permanent basis. The Counsel for the Petitioner states that on 21 December 2020, online/virtual mode was provided for during the Covid-19 Pandemic, and then it was discontin...

The High Court of Bombay on Wednesday adjourned to July 25, the regular bail petition of human rights activist Gautam Navlakaha, an accused in the Bhima Koregaon violence case of 2018. Earlier on April 7, a Special National Investigation Agency court had denied regular bail to the former secretary of People’s Union for Democratic Rights (PUDR). Special Judge Rajesh Katariya heard Navlakha’s bail plea, as directed by the Bombay High Court and refused to grant regular bail to the activist. On November 10 last year, the Supreme Court had shifted the 73-year-old human rights activist from Taloja Prison, where he was then lodged, to house arrest for one month, on medical grounds. The Bench of Justice K.M. Joseph and Justice Hrishikesh Roy passed an interim order for his one-month house arrest in Mumbai, considering his age and medical conditions. The Apex Court had put some conditions on the activist during his house arrest. Navlakha was told not to use mobile phone, internet, laptop ...

The Allahabad High Court today has observed as to why the tolerance level of a particular religion (referring to Hindus) was being put to the test by them. Slamming the makers of the movie Adipurush for portraying religious characters including Lord Rama and Lord Hanuman in an objectionable manner, the Bench of Justice Rajesh Singh Chauhan and Justice Shree Prakash Singh orally asked whether it was correct to suppress the one who was gentle? Noting that some people went to the cinema halls where the movie was being exhibited and forced the cinemal hall owners to close the hall, the Bench said it should be thankful that the believers of a particluar religion do not create any public order problem. Those who froced closure of the cinema halls could have done something else also, it added. The High Court further noted that CBFC should have done something while granting certificate in the matter. It remarked that if people would close their eyes on this issue also, just because it was...

The Allahabad High Court while disposing the petition said that freehold rights, under the policy of the Government are granted only on plots which are on lease and which have not vested in the Government. No freehold rights can be granted by the Government in a plot which absolutely vests in it free from all encumbrances. The Division Bench of Justice  Salil Kumar Rai and Justice Arun Kumar Singh Deshwal passed this order while hearing a petition filed by Smt Ram Pyari Devi and Others. By way of the petition, the writ petitioners have challenged the demand notice dated 24.7.2000 issued by the District Magistrate, Gorakhpur to respondent no 4 to initiate the proceeding of freehold land of area 43,000 sq ft, Mohalla Arazi Chhawani City Gorakhpur. Subsequently, during the pendency of the petition, Prayer no 1 was also added for quashing the sale deed / freehold deed dated 26.7.2000 executed by the District Magistrate, Gorakhpur in favour of respondent no 4. The factual matrix of...

The Calcutta High Court dismissed a Public Interest Litigation (PIL) filed questioning the selection of the private respondent as Registrar of the Kazi Nazrul University. The case of the petitioner is solely pitched upon the All India Council for Technical Education ( Pay Scales Service Conditions and Qualifications for the Teachers and other Academic Staff In Technical Institutions (Degree) Regulations, 2010 published by notification dated 22nd January, 2010. The petitioner’s case is that a person entering the teaching profession in Universities and Colleges shall be designated as Assistant Professors and shall be placed in the Pay Band of Rs.156000-39100 with AGP of Rs.6000. Referring to the credentials of the private respondent, the Registrar, it is submitted that he had entered service as a lecturer in Bengal College of Engineering and Technology in the pay band of Rs.8000- Rs.275/-Rs.13,500/- and in terms of the AICTE Regulation dated 22nd January, 2010 he could not have drawn ...

The High Court of Karnataka has dismissed a petition filed by the Principal and other officials of a school in Kodagu district, who were accused of allegedly abetting the suicide of a student. As per the complaint filed by the family of the 15-year-old, the ‘mischievous’ student was suspended for allegedly carrying alcohol to school. Parents of the student sought permission for him to appear for examinations online from his home, which was accepted by the school.  However, the student kept waiting for the exam link but did not receive the same. After the exam and answer sheet collection time got over, he committed suicide, added the complaint. The Single-Judge Bench of Justice M. Nagaprasanna noted that the boy was in communication with the school even up to 15 minutes before his death, which proved proximity with the commission of suicide.  It said prima facie, the ingredients of Section 107 of the IPC were met, which would become an offence under Section 305 of the Indi...

Taking suo motu cognisance of the alleged gangrape and murder of a 21-year-old Dalit woman in Bikaner district of Rajasthan, the National Human Rights Commission (NHRC) on Tuesday issued notice to the Rajasthan government, as well as the State DGP, seeking a detailed report in the matter within four weeks. The Commission observed that the contents of the media report, if true, amounted to the violation of human rights of the victim by those responsible for ensuring the safety and security of citizens.  Issuing notice to the State Chief Secretary and the Director General of Police, Rajasthan, the national rights body directed the senior government officials to include in the report the present status of the investigation being conducted in the matter by the police, departmental action taken against the public servants, and arrest of the third accused.  The Commission further sought details regarding the relief provided by the state to the family of the victim. As per the c...

The Calcutta High Court disposed of a Public Interest Litigation (PIL) seeking appropriate direction alleging that there is illicit mining of river sand. Earlier the petitioner had come forward with similar prayer which was disposed of by an order dated 5.12.2022 by directing the petitioner to submit a detailed representation to the authorities, pursuant to which an enquiry appears to have been conducted and a direction had also been issued by the Additional District Magistrate and District Land and Land Reforms Officers, Bankura. By an order dated 17.4.2023, the Additional District Magistrate and District Land and Land Reforms Officer, Bankura directed the officers under his establishment to keep vigil and conduct regular monitoring and supervision to prevent illegal mining. Subsequently, based on the representation given by the petitioner and the direction issued in the earlier writ petition, an Enquiry Committee was constituted consisting of three officers and a notice was issued...

The sister of gangster-turned-politician Atiq Ahmed and Ashraf Ahmed, who were gunned down while in police custody in Uttar Pradesh, has moved the Apex Court asking for a probe headed by a retired judge to look into the ‘state-sponsored’ killing of the duo. The complaint has also been made by Aisha Noori on the encounter of Atique’s son and her nephew by the police. Advocate Vishal Tiwary also had also filed a petition that remains pending before the Apex Court seeking an independent inquiry into the killings of the Ahmad brothers, which was caught live on television, and 183 other encounter killings in the State of UP since 2017. A comprehensive affidavit has been asked by the Apex Court from the Uttar Pradesh government on the steps taken to enquire into the killings, besides seeking information on the inquiry into the encounter killings of the other accused in the Umesh Pal murder case, including Atique Ahmed’s son Asad. The petition was filed through advocates Somesh Chandra J...

A new Constitution Bench of the Supreme Court has been formed, which will hear  four cases starting July 12. Led by Chief Justice of India (CJI) D.Y. Chandrachud, the Bench will comprise Justice Hrishikesh Roy, Justice P.S. Narasimha, Justice Pankaj Mithal and Justice Manoj Misra. The cases to be listed before the Bench are: 1. Tej Prakash Pathak and Ors vs Rajasthan High Court and Ors 2. Central Organisation for Railway Electrification vs M/s ECI SPIC SMO MCML (JV) A Joint Venture Company 3. M/s Bajaj Allianz General Insurance Co Ltd vs Rambha Devi & Ors 4. JSW Steel Limited vs South Western Railway & Anr The post New Constitution Bench of Supreme Court led by CJI Chandrachud to hear 4 cases from July 12 appeared first on India Legal . from India Legal https://ift.tt/ePp38La

The Bombay High Court disposed of a Public Interest Litigation (PIL), pending since the last eighteen years, raising the grievances in respect of town planning classification of the area around Worli Seaface Road. The Public Interest Litigation (PIL) was filed in 2006, on the situation that existed eighteen years ago. The Counsel appearing for the respective Respondents pointed out that substantial changes have taken place in the area since the PIL was filed.   “No affidavit is filed in respect of the present position. No purpose will be served by keeping the PIL pending”, the Division Bench of Acting Chief Justice Nitin Jamdar and Justice Sandeep V. Marne held. However, the Bench clarified that if the cause survives, it is always open to a bona fide public spirited person/ entity to invoke the jurisdiction of this Court after complying the Bombay High Court Public Interest Litigation Rules, 2010. The post Bombay High Court disposes PIL pending since the last e...

Supreme Court judge, Justice K.V. Viswanathan on Monday announced that he was recusing himself from hearing the petitions relating to a case registered against the directors of Gurugram-based realty group M3M under the Prevention of Money Laundering Act (PMLA). The Vacation Bench of Justice Abhay S. Oka and Justice Viswanathan directed the Registry to place the matter before an appropriate bench on Tuesday. The Apex Court was today hearing a bunch of petitions, including the one related to M3M.  The plea challenged the Delhi High Court verdict of June 16, wherein the Single-Judge Vacation Bench of Justice Jasmeet Singh had refused to interfere with the arrest of Basant Bansal and Pankaj Bansal, directors of M3M in connection with an alleged bribery case against a former judge and others. During the course of hearing, Justice Viswanathan indicated that he had appeared for the co-accused in connected matters arising out of the case. Representing the Bansal brothers, Senior Advo...

Supreme Court judge, Justice K.V. Viswanathan on Monday announced that he was recusing himself from hearing the petitions relating to a case registered against the directors of Gurugram-based realty group M3M under the Prevention of Money Laundering Act (PMLA). The Vacation Bench of Justice Abhay S. Oka and Justice Viswanathan directed the Registry to place the matter before an appropriate bench on Tuesday. The Apex Court was today hearing a bunch of petitions, including the one related to M3M.  The plea challenged the Delhi High Court verdict of June 16, wherein the Single-Judge Vacation Bench of Justice Jasmeet Singh had refused to interfere with the arrest of Basant Bansal and Pankaj Bansal, directors of M3M in connection with an alleged bribery case against a former judge and others. During the course of hearing, Justice Viswanathan indicated that he had appeared for the co-accused in connected matters arising out of the case. Representing the Bansal brothers, Senior Advo...

The High Court of Delhi on Monday upheld the 10-year imprisonment awarded by a trial court to five officers of the Uttar Pradesh Police department for custodial death of a 26-year-old man in 2006.  Questioning the Police’s narrative that the accused had committed suicide, the High Court found that the records were fabricated.  The Court further found it ‘hard to accept’ that the deceased had committed suicide and then sustained such injuries during the process of being saved by trained police personnel. However, it dismissed the petition filed by the family of the deceased to convert the conviction of the accused policemen from Section 304 (causing death by negligence) to Section 302 (murder) of IPC. In March 2019, Additional Sessions Judge Sanjeev Kumar Malhotra of Karkardooma Courts had convicted the policemen for custodial death of one Sonu in 2006. The cops were accused of falsely implicating Sonu in a robbery case by forging incorrect entries and torturing him to dea...