Legopolis

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The Supreme Court has extended the disability pension claim of a veteran who served in the Indian Army for 15 years and was discharged in 1987 after experiencing cardiac discomfort. The Bench of Justice S Ravindra Bhat and Justice Aravind Kumar recently observed that the Medical Board which assessed the appellant clearly was of the opinion that there was no negligence on part of the individual and the record was shown to be exemplary. It said the only prejudicial factor which weighed with the Board in forming the opinion that the disability was not attributable to service was the unwillingness of the appellant to undergo surgery. The record further mentioned that the appellant’s permanent disablement was the cause of his discharge, noted the Apex Court, adding that the Armed Forces Appellate Tribunal’s decision to confine the disability benefit to one year did not appear logical. The top court of the country ruled that the disability pension be disbursed to the appellant in terms...

The Supreme Court has extended the disability pension claim of a veteran who served in the Indian Army for 15 years and was discharged in 1987 after experiencing cardiac discomfort. The Bench of Justice S Ravindra Bhat and Justice Aravind Kumar recently observed that the Medical Board which assessed the appellant clearly was of the opinion that there was no negligence on part of the individual and the record was shown to be exemplary. It said the only prejudicial factor which weighed with the Board in forming the opinion that the disability was not attributable to service was the unwillingness of the appellant to undergo surgery. The record further mentioned that the appellant’s permanent disablement was the cause of his discharge, noted the Apex Court, adding that the Armed Forces Appellate Tribunal’s decision to confine the disability benefit to one year did not appear logical. The top court of the country ruled that the disability pension be disbursed to the appellant in terms...

The Lucknow Bench of the Allahabad High Court has allowed the anticipatory bail to the Vice President of the Hygia Educational Group, Syed Ishrat Hussain Jafri, who is an accused in the UP’s ₹500 crore post-matriculation scholarship scam. A Single Bench of Justice Subhash Vidyarthi passed this order while hearing a Criminal Misc Anticipatory Bail Application filed by Syed Ishrat Hussain Jafri. The application has been filed seeking anticipatory bail for the applicant in Sessions Case under sections 409, 420, 467, 468, 471, 120-B I.P.C, P.S-Hazratganj, District Lucknow. The aforesaid case has been registered on the basis of an F.I.R lodged on 30.07.2023, against 18 persons, including the applicant, who is a member of Oregon Educational Society and Hygia Group, and some unknown persons, alleging that embezzlement of amount meant for being distributed amongst students as post matriculation scholarship. On the same allegation, the Directorate of Enforcement had registered under sectio...

The Supreme Court has said that it would hear after two weeks, a petition seeking directions to the Archaeological Survey of India (ASI) to conduct a survey of the sealed area and the purported ‘Shivling’ found inside the Gyanvapi Mosque complex. The Bench led by Chief Justice of India DY Chandrachud tagged the petition with similar pleas related to the matter, which would be heard after two weeks. Filed by the Hindu side (plaintiff), the plea sought scientific investigation of the sealed area in the same manner as being done in the remaining complex. It further sought directions to the ASI to undertake scientific investigation of the purported Shivling and submit a report on the nature and age of the structure and whether or not it was a fountain, as claimed by the Mosque committee. The petition contended that the purported Shivling was found in a pond full of water around which walls had been erected. It said it was strange that Muslims were using the pond for their Wazu purpos...

A mega legal awareness camp was organised by the Leh District Legal Services Authority at the district’s Central Institute of Buddhist Studies, Choglamsar. Supreme Court judge Justice Sanjay Kishan Kaul, who is the Chairman of NALSA, while speaking at the inaugural session, said that legal awareness gives the ability to use and draw conclusions from legal words and concepts. The justice said that the authorities should try to achieve the constitutional objective of access to justice for all. The Justice added that the margisalised and vulnerable sections of society should be given more important Chief Justice of Jammu and Kashmir & Ladakh High Court N Kotiswar Singh put light on the history of legal service authorities and the spirit of collaboration that binds them towards their goals. Justice Atul Sreedharan of the Jammu and Kashmir High Court was also present on the occasion. He thanked all the stakeholders for their cooperation. The post Leh District Legal Services Autho...

A mega legal awareness camp was organised by the Leh District Legal Services Authority at the district’s Central Institute of Buddhist Studies, Choglamsar. Supreme Court judge Justice Sanjay Kishan Kaul, who is the Chairman of NALSA, while speaking at the inaugural session, said that legal awareness gives the ability to use and draw conclusions from legal words and concepts. The justice said that the authorities should try to achieve the constitutional objective of access to justice for all. The Justice added that the margisalised and vulnerable sections of society should be given more important Chief Justice of Jammu and Kashmir & Ladakh High Court N Kotiswar Singh put light on the history of legal service authorities and the spirit of collaboration that binds them towards their goals. Justice Atul Sreedharan of the Jammu and Kashmir High Court was also present on the occasion. He thanked all the stakeholders for their cooperation. The post Leh District Legal Services Autho...

The Supreme Court has ordered criminal investigation into a petition, after finding out that the Apex Court verdict cited in the plea was a fake one. The Bench of Justice Abhay S Oka and Justice Pankaj Mithal were recently hearing a Special Leave Petition (SLP), wherein Annexures A and B contained two orders of the Court dated July 25, 2022, passed by the same Bench. While the first order was of dismissal, the second order was of allowing the SLP. The Apex Court then directed the Registrar (Judicial) to hold an inquiry into this aspect and submit a report to the Court. After perusing the documents and examining the report submitted by the Registrar, the top court of the country held that it was clear that the Supreme Court order marked as one of the annexures in the SLP had been fabricated. The Bench further recorded that the concerned advocate did not appear, though a notice was issued. The Apex Court directed a criminal probe into the incident, stating that it was for the inves...

The Allahabad High Court has allowed the petition filed challenging the illegality, propriety and correctness of the order dated 26.8.2023 passed by the Chief Engineer, Agra Development Authority, Agra, whereby the petitioner has been blacklisted and debarred from participating in any future tender-contract of the Agra Development Authority. The Division Bench of Chief Justice Pritinker Diwaker and Justice Ashutosh Srivastava passed this order while hearing a petition filed by M/S Baba Construction Pvt Ltd. Anoop Trivedi, Senior Counsel for the petitioner submitted that the order impugned blacklisting the petitioner and debarring him from future tender contracts is bad in law inasmuch as no prior notice of blacklisting has ever been issued to the petitioner and straightaway blacklisting order has been passed. It has been argued that a blacklisting order entails civil consequences and as such, a show cause was required to be issued calling for an explanation from the petitioner befo...

The Allahabad High Court has granted Bail to Madan Gopal@ Madan Gopal Gaur, who is accused of cheating, on the ground of delay in framing charges. A Single Bench of Justice Vikram D Chauhan passed this order while hearing a Criminal Misc Bail Application filed by Madan Gopal@ Madan Gopal Gaur. This is the second bail application filed by the applicant. The first bail application was rejected by the Court by order dated 2.1.2023. A perusal of the order sheet would go to show that since 13.9.2022 the applicant is regularly appearing before the trial court. However, till date charge has not been framed and general dates are being fixed. Counsel for the applicant has relied upon the judgment passed by Apex Court in R.D Upadhyay Vs State of A.P and others, 1996 (3) SCC 422. As per the counsel for the applicant the applicant is aged about 59 years. It is submitted by the counsel for the applicant that the trial is not proceedings in the matter and the applicant is entitled to ...

The Supreme Court has stayed the trial court proceedings against Union Minister L Murugan, which were initiated against the Bharatiya Janata Party (BJP) leader for stating during a press meet that operations of Murasoli Trust were being carried out from the land meant for Dalits in Chennai, Tamil Nadu. The Bench of Justice BR Gavai and Justice Prashant Kumar Mishra further issued notice to Murasoli Trust, the mouthpiece publication of the Dravida Munnetra Kazhagam (DMK), on Wednesday. Murugan had moved the Apex Court against the September 5 order of the Madras High Court, which refused to quash the criminal defamation case filed against him and also directed the trial court to complete the trial within three months. Filed by Advocate Geet Ahuja, Murugan’s plea termed the defamation complaint as an abuse of the criminal justice process. It further questioned the maintainability of the complaint on the grounds that Murugan’s statement did not amount to defamation. Murugan was repres...

The Supreme Court has extended the stay imposed by the Bombay High Court on its order granting bail to Mahesh Raut, one of the accused in the 2018 Bhima Koregaon violence case till October 5 . The order was passed by a bench comprising of Justice Aniruddha Bose and Justice Bela M Trivedi on the National Investigation Agency’s appeal challenging the High Court’s bail order. Earlier this month, the Bombay High Court had granted bail to Raut but had stayed its order for a week after the NIA sought time to file appeal before the Supreme Court. The Apex Court has decided to hear the matter on October 5 however adding that the stay on bail will continue till then. The accused Raut has been in custody since 2018, when he was arrested. The Bombay High court was approached by the accused after his bail plea was rejected in November 2021 by the NIA special court. Raut in his plea mentioned that he is not involved and claimed himself as a forest rights activist...

The Allahabad High Court has rejected the bail to Azad Singh, brother of Sanjay Kumar the Senior Engineer of Power Grid Corporation, Saharanpur. A Single Bench of Justice Samit Gopal passed this order while hearing a Criminal Misc Bail Application filed by Azad Singh. The second bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Azad Singh, seeking enlargement on bail during trial in connection for offences under Section 120-B IPC read with Sections 409, 420, 468, 471, 477-A IPC and Section 13(2) read with 13(1)(a) of the Prevention of Corruption Act, 1988 (as amended 2018), registered at Police Station CBI, ACB, Ghaziabad, District Ghaziabad by Ajay Kumar Meena, Sub Inspector, CBI, ACB, Ghaziabad against Sanjay Kumar, Azad, Ankit Kumar, Anuj Kumar, Sushil, Suresh, Sudhir and other unknown persons with the allegation that a preliminary enquiry was registered on 28.03.2018 on the basis of a written complaint dated 27.03.2018 of the Chief ...

The Allahabad High Court has allowed the conditional bail of Surya Pratap Singh, accused in the case of raping a married woman by entering the house and threatening her with a pistol. A Single Bench of Justice Mayank Kumar Jain passed this order while hearing a Criminal Appeal filed by Surya Pratap Singh. The criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been preferred by the appellant with the prayer to set aside the bail rejection order dated 27.07.2023 passed by the Additional Special Judge (SC/ST Act), Allahabad in Bail Application, arising out of Case under Sections 376, 452, 504, 506 IPC, and Section 3 (2) (V) of SC/ST Act, Police Station Nawabganj, District Prayagraj. As per prosecution version, on 18.06.2019 at around 02.30 pm, when the prosecutrix was sleeping in her house alongwith her children, the appellant entered into her house and committed rape on her on the point of Tamancha. Appellant abused her b...

The Central government has apprised the High Court of Bombay Tuesday during the hearing of the petitions challenging amendments to the Information Technology Rules of 2023. The Central government said that humour or satire in any manner against any government is always welcome as long as it is not abusive or includes obscenity. Solicitor General Tushar Mehta appearing for the Ministry of Electronics and Information Technology (MeitY) said that the rules do not prohibit any express of opinion or critical analysis against government but is only intended to rein in false news. Mehta said that any humour or satire against the political government whether we like it or not, has nothing to do with this regulation. Unless the humour doesn’t cross boundaries like abuse or pornography. Humour satire is always welcome in any manner. It cannot be proscribed. The government is only concerned with false facts going around coupled with the fact that we are dealing with anonymous m...

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The Supreme Court on Monday directed the Government of Manipur, along with the Chief Justice of the High Court, to ensure that the video conference facility was set up and operationalised in all courts falling under its jurisdiction within a week. The Bench of Chief Justice of India (CJI) D.Y. Chandrachud, Justice J.B. Pardiwala and Justice Manoj Misra further directed the Bar Associations in Manipur to ensure that any lawyer, regardless of their community, was able to make a safe appearance before the courts. Noting that there were nine judicial districts in Manipur, which covered 16 districts, the Apex Court said the VC facility would ensure that any member of the bar or a litigant was able to address the court without any problems. It noted that the instructions were not issued on the basis of any complaint, but to caution that access to justice was not prevented. After the order was dictated, a lawyer belonging to the Kuki community addressed the bench saying that his house wa...

The Chhattisgarh High Court dismissed a Public Interest Litigation (PIL) filed seeking direction to the respondent authorities to take immediate action and please to order to frame necessary guideline and make a proper/common platform for the various department of Government so that misscommunication/non-communication could not be done between the officials. Shubhank Tiwari, counsel for the petitioner submits that the Chhattisgarh Grih Nirman Mandal is carrying out the construction over the area of proposes Road, which is ought to have 18 meter wide, which was notified under Section 19(5) of the Chhattisgarh Nagar Tatha Gram Nivesh Adhiniyam, 1973. After having knowledge about the Master Plan in which the Road i.e. M.R. No. 19 was shown as 18 meter wide, in which the Chhattisgarh Grih Nirman Mandal is constructing the house/structure by showing the same road to be 12 meter wide.    Tiwari further submitted that a request/representation was made by the petitioner befor...

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By Sanjay Raman Sinha In a case which dealt with corruption probe against senior administrative officers of the central government, the Supreme Court gave a landmark ruling. The Court held that its order striking down Section 6A of the Delhi Special Police Establishment (DSPE) Act, would apply retrospectively. Section 6A of the Delhi DSPE Act made it mandatory for the CBI to get sanction from the relevant authorities before prosecuting officers of the rank of joint secretary and above. In 2014, the Supreme Court had abrogated Section 6A of the Delhi DSPE Act. Now after this verdict, this abrogation would apply retrospectively. The Constitution bench had been formed to consider whether the declaration made earlier by a Constitution bench in Subramanian Swamy vs Director, Central Bureau of Investigation and Another—that Section 6A of the DSPE Act, 1942, is unconstitutional—can be applied retrospectively in the context with Article 20 of the Constitution. The Constitution bench of five...

The Supreme Court on Monday refused to grant an out-of-turn mentioning to the petition filed by former Andhra Pradesh Chief Minister N. Chandrababu Naidu, challenging his arrest in the Skill Development Programme scam case. Noting that the plea was not there in the mentioning list today, the Bench led by Chief Justice of India DY Chandrachud directed Senior Advocate Sidharth Luthra to mention the same tomorrow. Luthra argued that the opposition was being curbed in the State of Andhra Pradesh. The post Skill Development Programme scam case: Supreme Court refuses urgent hearing on hear Chandrababu Naidu plea against arrest appeared first on India Legal . from India Legal https://ift.tt/ADV2kg9

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The Supreme Court has been approached by the Former Andhra Pradesh Chief Minister N Chandrababu Naidu requesting to quash the first information report (FIR) which has been filed against him in registered skill development program scam case. The plea, filed through Advocate Guntur Pramod Kumar, was filed earlier today. The request for quashing the FIR by former State Chief Minister former was dismissed by Andhra Pradesh High Court. Justice K Sreenivasa Reddy had observed that the acts alleged against Naidu could not be said to be in good faith and in discharge of his official duties as Chief Minister. The High Court held that there was  no  need for prior approval from the competent authority was necessary for investigation into the alleged offences.   Advocate Harish Salve who represented for Naidu, had brought to the Court’s attention that the FIR was registered on December 19, 2021, whereas Naidu was arrayed as an accused on Sept...

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The High Court of Madras on Thursday granted a two-week interim injunction against Tamil Nadu Minister Udhayanidhi Stalin, restraining him from making defamatory allegations against All India Dravida Munnetra Kazhagam (AIADMK) General Secretary Edappadi K. Palaniswami (EPS). The single-judge Bench of Justice R.N. Manjula, however, clarified that this injunction would pertain only to defamatory or damaging statements linking EPS to the Kodanad murder case or making unverified claims of corruption against him.  The orders were passed on a defamation suit filed by Senior Advocate Vijay Narayan on behalf of EPS, seeking direction from the High Court to restrain the Tamil Nadu Cabinet Minister from linking the name of EPS with the 2017 Kodanad murder case and accusing the AIADMK General Secretary of corruption charges. EPS had filed a suit against Stalin seeking damages worth Rs 1.1 crore alleging that the Minister levelled in a statement made and posted on social media platform X (...