Legopolis

The Allahabad High Court while allowing the petition said that no one can be declared a habitual offender on the basis of one incident. A Single Bench of Justice Ram Manohar Narayan Mishra passed this order while hearing a petition filed by Guddu Chauhan. The petition has been filed praying for the following reliefs: “(i) Issue a writ, order or direction in the nature of certiorari setting aside the order dated 31.3.2022 passed by the Commissioner Vindhyachal Division at Mirzapur in Case No 249 of 2022 (Guddu Chauhan vs Additional District Magistrate and Another) under Section 6 of UP Control of Goondas Act, alongwith order dated 3.1.2022 passed by the Additional District Magistrate (Finance and Revenue), Bhadohi in Case No 0321 of 2020 (State vs Guddu Chauhan), under Section 3(1) of U.P Control of Goondas Act and notice dated 22.6.2020, passed by Additional District Magistrate, Bhadohi, under Section 3 of UP Control of Goondas Act.” By means of order dated 3.1.2022, Additional Di...

While observing that the caused raised in the Public Interest Litigation (PIL) is redressed, the Bombay High Court deferred the hearing of the PIL petition to 8 November 2023, seeking direction to the Respondent No.1 (Adani Airport Holdings Ltd) to display banner/hoarding/sign boarding using Marathi and Hindi Language Script at par with the English language in equal font size & prominence. The affidavit is tendered on behalf of the Respondent No.2- Mumbai International Airport Limited, wherein it is stated on oath as under: – “8. I say that all the display boards, information boards and sign boards at the Mumbai Airport have the information written in (i) Hindi, (ii) regional language i.e., Marathi and (iii) global language i.e., English. I say that MIAL has so far not received any complaints from passengers about the non-visibility of any of the fonts. I say that it is not the case of the Petitioner that the display and information boards do not contain information in regional ...

The Supreme Court has ordered interim stay on Delhi High Court order sentencing three months of simple imprisonment for contempt of court to the son of founder and chairperson of the Max Group conglomerate, Analjit Singh. A bench compising of Justice BR Gavai, Justice CT Ravikumar and Justice PV Sanjay Kumar admitted Veer Singh’s appeal and directed a stay on the imprisonment sentence as well as a look-out circular issued against him. Singh was represented by Senior Advocate Vikas Singh, whereas senior Advocate Pinky Anand appeared for Kinri Dhar before the top court today. The bench was hearing an appeal of a Delhi High Court passed earlier this month. The High Court had sentenced Veer Singh to three months of simple imprisonment for contempt of court.  A division bench comprising Justice Suresh Kumar Kait and Justice Neena Bansal Krishna had ordered the local Station House Officer (SHO) to issue arrest warrants against S...

The Supreme Court has ordered interim stay on Delhi High Court order sentencing three months of simple imprisonment for contempt of court to the son of founder and chairperson of the Max Group conglomerate, Analjit Singh. A bench compising of Justice BR Gavai, Justice CT Ravikumar and Justice PV Sanjay Kumar admitted Veer Singh’s appeal and directed a stay on the imprisonment sentence as well as a look-out circular issued against him. Singh was represented by Senior Advocate Vikas Singh, whereas senior Advocate Pinky Anand appeared for Kinri Dhar before the top court today. The bench was hearing an appeal of a Delhi High Court passed earlier this month. The High Court had sentenced Veer Singh to three months of simple imprisonment for contempt of court.  A division bench comprising Justice Suresh Kumar Kait and Justice Neena Bansal Krishna had ordered the local Station House Officer (SHO) to issue arrest warrants against S...

The bill that was set to replace the Delhi services ordinance has come up with major changes including a contentious provision that was apparently inserted to overcome the effect of the May 11, 2023 judgment of the Supreme Court. The judgement will take away the power of the Delhi government, for changing the manner in which tribunals’ heads are to be appointed in the national capital. The National Capital Territory of Delhi (Amendment) Bill, 2023 was introduced in Lok Sabha today by Union home minister Amit Shah, who has dropped Section 3A of the May 19 ordinance, placed in to take “services” out of the purview of the elected government in Delhi. A per the Section 3A states that notwithstanding anything contained in any judgement, order or decree of any Court, the Legislative Assembly shall have the power to make laws as per Article 239AA except with respect to any matter enumerated in Entry 41 of List II of the Seventh Schedule of the Constitution of India or any matter connected...

The bill that was set to replace the Delhi services ordinance has come up with major changes including a contentious provision that was apparently inserted to overcome the effect of the May 11, 2023 judgment of the Supreme Court. The judgement will take away the power of the Delhi government, for changing the manner in which tribunals’ heads are to be appointed in the national capital. The National Capital Territory of Delhi (Amendment) Bill, 2023 was introduced in Lok Sabha today by Union home minister Amit Shah, who has dropped Section 3A of the May 19 ordinance, placed in to take “services” out of the purview of the elected government in Delhi. A per the Section 3A states that notwithstanding anything contained in any judgement, order or decree of any Court, the Legislative Assembly shall have the power to make laws as per Article 239AA except with respect to any matter enumerated in Entry 41 of List II of the Seventh Schedule of the Constitution of India or any matter connected...

The Supreme Court on Monday upheld the Karnataka High Court order, which granted an interim stay on probe against Karnataka Pradesh Congress Committee president D.K. Shivakumar by the Central Bureau of Investigation (CBI) in a disproportionate assets case.  The Bench led by Justice B.R. Gavai refused to entertain the petition filed by the investigating agency against the High Court verdict on the grounds that the present SLP arose purely out of an interlocutory order. However, the Apex Court kept all the questions available to the parties open and granted liberty to the petitioner to approach the High Court for expeditious disposal of the case. The top court of the country further directed the High Court to consider the matter on its merits. On February 10, the High Court of Karnataka stayed the CBI investigation in a case registered against Shivakumar under the Prevention of Corruption (PC) Act. The High Court had extended the stay repeatedly on different dates. The case per...

The Allahabad High Court has granted bail to Javed Mohammad @ Pump on the FIR registered in 2022 at Khuldabad police station in Prayagraj under the Prevention of Damage to Public Property Act, 1984. A Single Bench of Justice Jyotsna Sharma passed this order while hearing a Criminal Misc Bail Application filed by Javed Mohammad @ Pump. The bail application has been filed by the applicant seeking bail in case under Sections 147 and 427 I.P.C and 3/4 of Prevention of Damage to Public Property Act,1984, P.S Khuldabad, District Prayagraj. As per version of the F.I.R, some unknown miscreants indulged in stone pelting and damaged the camera housing, switch, cables etc at a place maintained by M/s Larsen Toubro Limited. Later on the applicant was found involved in the incident. It is contended on behalf of the applicant that he is not named in the F.I.R; there is no reliable evidence that he was the person involved in damaging equipment etc; the applicant has been named at later stages of...

The Railways apprised the Bombay High Court that the proposal was developed by the Central Railway to consider whether separate accommodation to senior citizens in EMU (Electric Multiple Unit) rakes by converting a middle luggage compartment is feasible. The Division Bench of Acting Chief Justice Nitin Jamdar and Justice Arif S. Doctor heard a Public Interest Litigation (PIL) seeking a direction to the Respondents to consider providing one compartment with a separate entrance for senior citizens in the local trains in Mumbai, similar to the one provided to persons with disability. The Respondents are the Railway Board, the Central and Western Railways through their General Manager. The counsel appearing for the Railways, that is, both Central and Western Railways and the Railway Board, states that the Railway Board had called for suggestions from the Central and Western Railways by a communication dated 29 February 2023 and suggestions have been given by the Central and Western Rail...

The Allahabad High Court while dismissing the petition said that the employees working in the clerical cadre in the offices of UP Basic Education Board can be transferred from one place to another as they are holding the post of district cadre. A Single Bench of Justice Manjive Shukla passed this order while hearing a petition filed by Brijesh Kumar Shrivas. The Petitioner through the petition has challenged the order dated 27.06.2023, whereby petitioner who is junior clerk has been transferred from the office of Block Education Officer, Bangra, District Jhansi to the office of Block Education Officer, Bamour, District Jhansi. Counsel for the petitioner has submitted that the State Government has issued a transfer policy on 27.01.2020 wherein it is mentioned that the employees working in the clerical cadre in the offices of U.P Basic Education Board can only be shifted from one desk to another desk, whereas petitioner has been transferred from Block Bangra, to Block Bamaur. On the...

The Supreme Court said that discipline is an intrinsic part of the Armed Forces service and any slack in this matter will put a wrong message. A bench comprising of Justice Hima Kohli and Justice Rajesh Bindal noted that gross indiscipline by those serving in the forces cannot be tolerated. The obserrvations were made by the top court while upholding a mechanical transport driver’s dismissal from army service for taking excess leaves without notice. In its report the Court found that the driver who was a former sepoywas a  habitual offender for which he remained out of line for far too long by seeking condonation of his leave. The Court said that one must be mindful of the fact that discipline is the implicit hallmark of the Armed Forces and a non-negotiable condition of service. The court further said that such gross indiscipline on the part of the appellant who was a member of the Armed Forces could not be countenanced. He remained out of line ...

The Supreme Court has sought response from the Reserve Bank of India on a petition challenging the Kerala High Court order, which had lifted the loan restrictions imposed by RBI on Thiruvalla East Co-Operative Bank Ltd. The notice was received by Attorney General R. Venkataramani, who appeared for RBI before the Division Bench of Justice Sanjay Kishan Kaul and Justice Sudhanshu Dhulia on Friday. The AG contended that RBI had conducted an inspection at the headquarters and various branches of the cooperative bank before issuing a prohibitory order. As per the Central Bank, the inspection report revealed some deficiencies in banking practice, including some loan advance schemes that were susceptible to foul play. The AG further said that RBI imposed restrictions on the cooperative bank based on this inspection report. Earlier, a Division Bench of the Kerala High Court had upheld the order of a Single-Judge Bench that lifted the restriction placed on the Co-Operative Bank by RBI to ...

The Bombay High Court at Goa directed the Town Planner, Town and Country Planning Department, Quepem, to initiate action in accordance with law inter alia to find out whether there was any illegal hill cutting and landfilling in properties surveyed of Village Xeldem of Quepem Taluka. The Division Bench of Justice M.S. Sonak and Justice Bharat P. Deshpande disposed of a Public Interest Litigation (PIL) complaining the same. From the record the Court noted that on 30.06.2023, the Deputy Collector, South-1 and Incharge Flying Squad, South Goa District at Margao issued a reminder to Town Planner, Town and Country Planning Department, Quepem, Goa, that prima facie activities attracting Section 17(A) of the Goa Town and Country Planning Act, 1974 were noticed in the above properties. The report was also forwarded to the Town Planners, who were urged to act according to law. The Town Planner has filed an affidavit that, as of now, there is no illegal hill cutting or landfilling at the abo...

The Allahabad High Court has stayed the order of Basic Education Officer Auraiya to stop an annual increment of an assistant teacher working in the U.P. Basic Education Board. A Single Bench of Justice Manjive Shukla passed this order while hearing a petition filed by Puneet Awasthi. Counsel for the petitioner has submitted that major penalty has been imposed against the petitioner by District Basic Education Officer, Auraiya vide order dated 04.05.2023 which is impugned in the petition. Counsel for the petitioner has invited attention of the Court that the major penalty against the Assistant Teacher working in the Primary School run by U.P. Basic Education Board can be imposed only after following procedure prescribed under Rule 7 of the U.P. Government Servant (Disciplinary and Appeal) Rules, 1999. It has been further submitted that under Rule 7 of the Rules of 1999 there is procedure that the charge sheet will be issued, thereafter reply of the employee shall be taken and a ful...

A Mumbai court has acquitted underworld don Chhota Rajan in the murder case of doctor-turned-politician Datta Samant, who was shot dead by bike-borne miscreants on January 16, 1997. Special Judge, Central Bureau of Investigation (CBI) A.M. Patil observed on Friday that it was acquitting Rajendra Sadashiv Nikalje alias Chhota Rajan of all charges related to the murder of Samant for want of ‘cogent’ evidence. According to the prosecution, the trade union leader was proceeding in his jeep from Powai to Pant Nagar in Ghatkopar on January 16, 1997, when he was attacked by four assailants near Naresh General Store on Padmavati Road. Four men on motorcycles intercepted Samant’s jeep and fired at least 17 bullets at him. The politician was immediately rushed to the nearby Aniket Nursing Home, where he was declared brought dead. Samant’s driver, Bhimrao Sonkamble, who too sustained injuries to his face and neck in the attack, filed a complaint in Sakinaka police station. A case was regis...

The Punjab and Haryana High Court disposed of a Public Interest Litigation (PIL) filed by the petitioner praying for a direction to the respondent-Punjab State Power Corporation Ltd. (PSPCL) to release electricity cess @ 2% collected by them on behalf of Municipal Corporations. The Division Bench of Chief Justice Ravi Shanker Jha and Justice Arun Palli noted that the petitioner, who is a Deputy Mayor of Municipal Corporation, SAS Nagar, Mohali, has wrongly approached the High Court in view of the fact that the dispute is between the two bodies of the State Government i.e. Municipal Corporation, Mohali and the respondent No.5-PSPCL, in which the petitioner has no role to play. Further the Bench noted that the Municipal Commissioner, SAS Nagar, Mohali has approached the Principal Secretary, Department of Local Government, Punjab in this regard and it is informed by the Deputy Advocate General appearing on behalf of the respondent-State of Punjab that the matter is pending before the c...

The Supreme Court on Friday granted bail to activists Vernon Gonsalves and Arun Ferreira, who were arrested in August 2018 for their alleged involvement in the Elgar Parishad Maoists links case. The Bench of Justice Aniruddha Bose and Justice Sudhanshu Dhulia approved bail applications of the accused on the grounds that they have remained under custody for over five years and that the material against them could not justify their continued detention pending the trial. The Apex Court further noted that though the allegations against them were of serious nature, it could not be the sole ground to deny bail to the accused. Setting aside the Bombay High Court’s order denying them bail, the Supreme Court Court directed that they shall be released on bail on condition that they shall not leave the State of Maharashtra till the trial is over. They have to surrender their passports and inform the NIA their addresses and mobile phone numbers. They can have only one mobile connection during ...

The Supreme Court will now hear on July 31, a petition filed by Professor Kham Khan Suan Hausing challenging the summons issued against him by a Manipur court over his remarks allegedly defaming the Meitei community. The petition was to be heard today by a Bench led by Chief Justice of India D.Y. Chandrachud. However, as the CJI fell ill and could not attend the court today, the matter was listed for hearing on Monday. Appearing for Prof Hausing, Senior Advocate Anand Grover sought urgent listing of the matter before the Bench of Justice Sanjay Kishan Kaul and Justice Sudhanshu Dhulia. The counsel contended that the Chief Justice had listed the petition by the professor in Hyderabad from Manipur for hearing today. He apprised the Bench that there was an identical matter, in which an order has been passed. The Senior Advocate urged the Apex Court to either take up the matter today or keep it on Monday before the Chief Justice. The top court of the country decided to list the mat...

Chief Justice of India (CJI) Dhananjaya Chandrachud will not be able to take up any case in the Supreme Court today as he has fallen ill. This information was given in a statement issued by the Supreme Court, which said that since the CJI was not keeping well, he would not be able to take up the scheduled matters in the court on Friday. It further said that following this development, the Bench comprising the Chief Justice and Justice Manoj Misra in Court No.1 has been cancelled. The matters listed before this Bench have been adjourned, it added. The statement further said that Justice Manoj Misra will handle now hear the chamber matters alongside a Single-Judge Bench in Court no. 10. The matters to be taken up by Justice Misra along with a Single-Judge Bench include transfer petitions and other cases related to Chamber. The CJI-led was set to hear today a batch of pleas related to Manipur ethnic violence, including a case on the viral video of two women being paraded naked. The ...

Chief Justice of India (CJI) Dhananjaya Chandrachud will not be able to take up any case in the Supreme Court today as he has fallen ill. This information was given in a statement issued by the Supreme Court, which said that since the CJI was not keeping well, he would not be able to take up the scheduled matters in the court on Friday. It further said that following this development, the Bench comprising the Chief Justice and Justice Manoj Misra in Court No.1 has been cancelled. The matters listed before this Bench have been adjourned, it added. The statement further said that Justice Manoj Misra will handle now hear the chamber matters alongside a Single-Judge Bench in Court no. 10. The matters to be taken up by Justice Misra along with a Single-Judge Bench include transfer petitions and other cases related to Chamber. The CJI-led was set to hear today a batch of pleas related to Manipur ethnic violence, including a case on the viral video of two women being paraded naked. The ...

The Union government on Friday directed the Central Bureau of Investigation (CBI) to investigate the video related to two women, who were paraded naked and subjected to sexual violence in ethnic violence-hit state of Manipur. As per the Centre, the government of Manipur had given it’s approval to the decision. The Union of India had recently filed an affidavit in the Supreme Court, requesting the Apex Court to transfer the trial out of Manipur to any other state. It further sought direction from the top court of the country to complete the trial within six months of filing the charge sheet. Filed by the Ministry of Home Affairs, the affidavit said that the Central government has taken several remedial measures to support the victims. Claiming that it had ‘zero tolerance’ towards crimes against women, the Centre claimed in the affidavit that seven persons have been arrested in connection with the incident. The government of Manipur had recommended a CBI probe into the incident ea...

By Asif Ullah Khan The outburst of Matt Healy, the lead singer of the British band The 1975, against Malaysia’s anti-LGBTQ laws during a music festival in Kuala Lumpur, has again brought to the fore the issue which has troubled the country since its inception. Of course, the music festival was cancelled and The 1975 also called off its tour to Indonesia and Taiwan due to “current circumstances”. The timing of Healy raising the issue of LGBTQ is important as the current prime minister of Malaysia, Anwar Ibrahim, has been twice convicted on charges of sodomy. Like many other countries, Malaysian politicians have used homophobia when the government of the day faced public criticism of abuses of power, excessive corruption and patronage. Prime Minister Dr Mahathir Mohamed sacked Anwar, his deputy, in 1998 when Anwar raised issues of corruption against him. The best way to remove Anwar from the political scene was to charge him with homosexuality which is a punishable crime under Secti...

Delhi Police on Wednesday registered a complaint against Mallikarjun Kharge, President of the Indian National Congress (INC) for allegedly indulging in hate speech against Prime Minister Narendra Modi, the Rashtriya Swayamsevak Sangh (RSS) and the Bharatiya Janata Party (BJP). A Delhi-based lawyer had filed the coplaint against Kharge on May 29, alleging that the Congress President had defamed the Rashtriya Swayamsevak Sangh (RSS). Advocate Ravinder Kumar Gupta had alleged in his complaint that on April 27 this year, while addressing an election rally at Naregal in Gadag district of Karnataka, Kharge had passed a scathing remark against Prime Minister Narendra Modi. As per the coplaint, Kharge had allegedly said that the Prime Minister was like a poisonous snake and if a person wanted to test whether it (Modi) was poisonous or not, he would have to die. Advocate Gupta had earlier sent a legal notice to Kharge in May, 2023, which said that Kharge received severe backlash from vario...

The National Green Tribunal (NGT) recently directed the Haryana State Pollution Control Board to immediately take remedial action and to stop mining activity and to realize the environmental compensation according to rules and to submit the report within four weeks. The Principal Bench of Acting Chairperson Sheo Kumar Singh, Justice Arun Kumar Tyagi, Dr. A. Senthil Vel heard an application raising Issue of illegal mining by a Group, Tehsil Gannaur, District Sonipat, Haryana. It is further contended that the unit is extracting sand from Yamuna beyond permissible quantity and without consent to operate in violation of section 33 (A) of the Water (Prevention and Control of Pollution) Act, 1974 and in violation of EC conditions. The report submitted by the Pollution Control Board reveals that (i) Unit was operating without valid CTO under Water Act, 1974 and Air Act, 1981 from the Board, thus violating the condition of environmental clearance. (ii) Not submitted six monthly compliance...

A Delhi court on Wednesday summoned Congress leader Jagdish Tytler to appear before it on August 5 in connection with the killings that took place at Pul Bangash area of Delhi during the anti-Sikh riots in 1984. Taking cognisance of a charge sheet filed by the Central Bureau of Investigation (CBI), Additional Chief Metropolitan Magistrate Vidhi Gupta Anand of Rouse Avenue Courts passed the order today. The national agency had filed the charge sheet in the case on May 20 against Tytler in the anti-Sikh riots case of 1984, alleging that he “incited, instigated and provoked the mob” that assembled at the Delhi’s Pul Bangash area on November 1, 1984, leading to the killing of three Sikhs. Filing the charge sheet before the Chief Metropolitan Magistrate at the Rouse Avenue District Court, the national agency said it had registered an instant case on November 22, 2005 over the Pul Bangash violence, which led to burning of the Gurudwara Pul Bangash at Azad Market in Bara Hindu Rao area of...