Legopolis

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Andhra Pradesh HC grants interim bail to TDP chief Chandrababu Naidu in Skill development scam case The Andhra Pradesh High Court on Tuesday granted interim bail for four weeks to Telugu Desam Party (TDP) President and former Chief Minister Nara Chandrababu Naidu in the Andhra Pradesh State Skill Development Corporation (APSSDC) scam case. The single-judge Bench of Justice T. Mallikarjuna Rao granted interim bail to the TDP chief till November 28 for his treatment including cataract surgery. The High Court directed Naidu to submit a surety of Rs one lakh and not to influence anyone related to the case. He was further told to surrender on November 29. The single-judge Bench further listed the regular bail petition of the 73-year-old TDP leader for hearing on November 10. Naidu was arrested by the State Criminal Investigation Department (CID) on September 9 in connection with the Rs 300 crore APSSDC scam case. He has since remained behind the bars. Earlier on October 9, the High C...

The Allahabad High Court while dealing with a petition challenging recovery under Section 27 (Surcharge) of the UP Panchayat Raj Act has observed that the state functionaries/ officers must be aware of recent issues settled by the Courts to avoid frivolous litigation from clogging the Courts. A Single Bench of Justice Manju Rani Chauhan passed this order while hearing a petition filed by Nageena Singh. Counsel for the petitioner submitted that he has challenged the recovery order dated 13.09.2023 issued by the District Magistrate, Azamgarh under section 27 of U.P Panchayat Raj Act on the ground the inquiry was not conducted by Chief Audit Officer as required under law. The Court noted that time and again such petitions are being filed by the petitioners taking the ground that the Chief Audit Officer has not conducted the inquiry. Therefore, the inquiry conducted is vitiated under law as well as the observations made in the case of Dinesh Kumar (supra). Such types of petitions are w...

A Mumbai court on Monday received a complaint against the Chief minister of West Bengal Chief Minister Mamata Banerjee for showing her disrespect for the national anthem. The complaint was filed against Banerjee by BJP Mumbai Secretary Vivekanand Gupta who claimed that during an event at Yashwantrao Chavan Auditorium in Mumbai, Ms. Banerjee began singing the the National Anthem while sitting and only stood for two verses of the anthem after which she left the venue abruptly. The Metropolitan magistrate  SB Kale said that the complaint is dismissed. A detailed order is yet to be uploaded. The complainant submitted that the behaviour of Mamta Banerjee’s was an insult and disrespect to the National Anthem and an offence punishable under the Prevention of Insults to National Honour Act of 1971. He filed a complaint before the Mazgaon Metropolitan Magistrate who issued an order summoning Banerjee to appear on March 2, 2022. Banerjee challenged the same before...

Rakesh Kumar, judicial member of the National Company Law Appellate Tribunal (NCLAT), on Monday tendered his resignation in the wake of the Supreme Court issuing a contempt notice against him for passing a verdict defying an interim order of the Apex Court. Appearing for Kumar, Senior Advocate P.S. Patwalia, apprised the Apex Court about the development, just before the Bench led by Chief Justice of India D.Y. Chandrachud decided to dictate the order in the case. Earlier on October 18, the Apex Court had issued showcause notice to NCLAT, asking why contempt proceedings should not be initiated against them over a verdict in violation of a status quo order passed by the Supreme Court. The Bench of Chief Justice of India D.Y. Chandrachud, Justice J.B. Pardiwala and Justice Manoj Misra issued showcause notices to Judicial Member Rakesh Kumar and Technical member Dr Alok Srivastava over NCLAT’s October 13 judgement, which ignored a status quo order passed by the Apex Court. It further ...

The Supreme Court refused to grant bail on Monday to Leena Paulose, wife of alleged conman Sukesh Chandrasekhar, who was arrested for her alleged involvement in an extortion case worth Rs 200 crore.  The order was passed by the Bench of Justice Aniruddha Bose and Justice Bela M. Trivedi on the grounds that there was no material before it to show that there was any change of circumstances since the bail plea was last rejected by the Delhi High Court. On July 11, the Delhi High Court had denied bail to Leena in the case. The single-judge Bench of Justice Dinesh Kumar Sharma had further refused to grant bail to co-accused Kamlesh Kothari and B Mohan Raj. The High Court in its investigation found that the accused was prima facie involved in the offence and there was no infirmity in the trial court order that rejected their bail applications. The Economic Offences Wing (EOW) of Delhi Police had filed a charge sheet against Leena Paulose under Sections 170, 186, 384, 386, 388, 419, ...

The Supreme Court on Monday refused to grant bail to former Delhi Deputy Chief Minister Manish Sisodia in two cases filed by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) related to the Delhi Excise Policy case. On October 17, the Bench of Justice Sanjiv Khanna and Justice S.V.N. Bhatti had reserved its verdict on the bail applications of Sisodia in relation to the cases under the Prevention of Corruption Act and the Prevention of Money Laundering Act The Bench of Justice Sanjiv Khanna and Justice SVN Bhatti had reserved its verdict on two separate bail petitions, which were filed by the Aam Aadmi Party leader. The bench took this decision after hearing Senior Advocate Abhishek Singhvi, counsel of Manish Sisodia, and Additional Solicitor General SV Raju, who represented the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED). The Supreme court was apprised by the Enforcement Directorate (ED) that it was considering adding th...

A day ahead of the crucial hearing on the validity of Electoral Bonds, Attorney General of India R Venkataramani told the Supreme court that voters did not have a general “right to know”. The Attorney General also added that the judicial review of the Scheme must be avoided since the matter was within the domain of the Parliament. A Constitution bench led by Chief Justice of India DY Chandrachud along with Justice Sanjiv Khanna, Justice BR Gavai, Justice JB Pardiwala and Justice Manoj Misra will hear the bunch of petitions which challenged the validity of the Centre’s electoral bonds scheme as a source of political funding from October 31 The matter of electoral bonds concerns with the legal validity of the scheme that facilitates anonymous donations to political parties. Attorney General R Venkataramani while posting his views on the same cautioned the SC not to enter into the policy domain for regulating electoral bonds. The Attorney General added that the scheme did not imping...

Following in the footsteps of the Supreme Court, which went paperless in July this year, the Telangana High Court will go paperless on November 1. An official notice issued in this connection recently said that aII parties in person and advocates were directed to email a soft copy of the case or petitions being filed before the first court to the designated email address tshc.ch1@gmail.com . The notification further said that after mailing the soft copy, the advocates and parties were directed to submit a hard copy of the same before the New Filing Section, with an endorsement of having filed the soft copy. Earlier on July 3, 2023, as the Supreme Court reopened after the summer vacations, the premises wore a new look, boasting of courtrooms equipped with digital screens, Wi-Fi connectivity, upgraded video conferencing facilities and enhanced inter-court connectivity. The futuristic upgrades, implemented as part of green initiatives under the dynamic vision of Chief Justice of Indi...

Former MLA Mukhtar Ansari has been convicted by an MP/MLA court in a Gangster Case registered by the State Police in 2010. The Former MLA has been accused of plotting a conspiracy to kill a teacher Kapil Dev Singh,who was murdered in 2009. The MLA has been sentenced to 10 years in jail and a fine of Rs. 5 lakh. As per the information Mukhtar Ansari,is a former five-time MLA, who is presently lodged in the Banda district jail. This is his 6th conviction in the last 13 months. A Varanasi court in June,convicted him in connection with the murder of Awadhesh Rai murder case(1991) who was Congress leader and brother of Former MLA Ajay Rai, and was gunned down in broad daylight outside Ajay Rai’s house in Varanasi in 1991. This year in April,Ansari was convicted in another Gangster Act case, lodged against him for his involvement in the kidnapping of Vishwa Hindu Parishad office-bearer Nandkishore Rungta in the year 1996 and also in the murder of Bharatiya Janata Party MLA Krishnanand...

The Gujarat High court has instructed the YouTube to remove the videos of the apology by a Judge after having apologised for his outburst against his woman colleague on the bench. As per a media report, the High Court has asked YouTube for removing the videos of the apology claiming copyright violation. Justice Biren Vaishnav who is also currently the fourth senior most judge of the High Court, on October 23, upbraided his colleague, Justice Mauna Bhatt, for having a different view on a batch of tax cases. As the Gujarat HC live-streaming was in process, the video got in public view and was shared on social media. The HC has now pulled down the clip of that exchange from its archives. It is important to note that the clips pertaining to exchange data of ideas has been taken away, but the apology by Justice Vaishnav is still available on the HC website, which the High court wants to be removed. As per a media report , an official of the Gujarat HC registry has confirmed to that su...

A Mumbai court has refused to discharge Shiv Sena (UBT) chief Uddhav Thackeray and MP Sanjay Raut of defamation charges levelled by MP Rahul Shewale, their former ally. Shewale filed a defamation complaint against the Shiv Sena (UBT) leaders over an article published in Sena mouthpiece ‘Saamana’ on December 29, 2022 pertaining to Shewale’s alleged real estate dealings.  Thackeray is the Chief Editor of the daily newspaper, while Raut is its Executive Editor. Additional Metropolitan Magistrate Sewree S.B. Kale, while rejecting the discharge applications of Thackeray and Raut, listed the matter for further hearing in November. The post Mumbai court rejects discharge applications of Uddhav Thackeray, Sanjay Raut in defamation case appeared first on India Legal . from India Legal https://ift.tt/cNVnJa0

The appointment of Justice Manoj Kumar Tiwari as the Acting Chief Justice of Uttarakhand High Court with effect from October 27 has been notified by the Central government. The Union Ministry of Law and Justice on October 25 issued a notification to this effect. The charge was taken by the Justice Tiwari upon the retirement of Chief Justice Vipin Sanghi who demitted office on October 26. As per the notification,in exercise of the power conferred by Article 223 of the Constitution of India, the President appoints, Shri Justice Manoj Kumar Tiwari, Judge of the Uttarakhand High Court, to perform the duties of the office of the Chief Justice of that High Court with effect from 27.10.2023 consequent upon the retirement of Shri Justice Vipin Sanghi, Chief Justice, Uttarakhand High Court on 26.10.2023. In year 1990,Justice Tiwari enrolled with the Bar Council of Uttar Pradesh and started practicing law at the Allahabad High Court. He later shifted to Nainital upon the ...

The Central government has notified the appointment of Justice Manoj Kumar Tiwari as the Acting Chief Justice of Uttarakhand High Court with effect from October 27. Justice Tiwari will take charge upon the retirement of Chief Justice Vipin Sanghi who demitted office on October 26. A notification to this effect was issued by the Union Ministry of Law and Justice on October 25. “In exercise of the power conferred by Article 223 of the Constitution of India, the President is pleased to appoint, Shri Justice Manoj Kumar Tiwari, Judge of the Uttarakhand High Court, to perform the duties of the office of the Chief Justice of that High Court with effect from 27.10.2023 consequent upon the retirement of Shri Justice Vipin Sanghi, Chief Justice, Uttarakhand High Court on 26.10.2023,”  read the notification. Justice Tiwari enrolled with the Bar Council of Uttar Pradesh in 1990 and began practicing law at the Allahabad High Court. He later shifted to Nainital upo...

The Bombay High Court has issued a notice on three defamation suits filed by Bharatiya Janata Party leader Kirit Somaiya claiming Rs 100 crore in damages from Lokshahi news channel, Ambadas Danve (leader of opposition from Shiv Sena Uddhav Thackeray faction) and YouTuber Anil Thatte. The single-judge Bench of Justice SM Modak granted four weeks time to the respondents for file their responses. The suit has been posted by the High Court for hearing after four weeks on ad-interim reliefs. Advocate Hrishikesh Mundargi appeared for Somaiya. In his suit, Somaiya alleged that Marathi news channel Lokshahi, owned by the Swaraj Marathi Broadcasting company, had run an explicit video on him. The suit also mentioned the YouTube channel ‘Gaganbhedi,’ run by Thatte, which published the same videos. maligning his public image. Somaiya had also filed a complaint with the Mumbai police cyber cell, which registered an FIR. The Mumbai Police crime branch was earlier tasked to conduct a...

The Manipur High Court has ruled that casting of votes was a part of the voter’s right to freedom of speech and expression under Article 19(1)(a) of the Constitution of India. The single-judge Bench of Acting Chief Justice M.V. Muralidaran recently observed that a voter’s right to know the antecedents, including criminal past of the candidates contesting election for MP or MLA, was the most fundamental and basic right for the survival of democracy. He said Article 19(1)(a) of the Constitution of India provided for freedom of speech and expression. A voters’ speech or expression in case of election would include casting of votes, since the electorate speak out or express themselves by exercising their right to franchise. Justice Muralidharan said a voter may think over before making his choice of electing law breakers as law makers. The High Court made these observations on October 13, while rejecting a plea filed by Bharatiya Janata Party MLA Thounaojam Shyamkumar against petition...

A Delhi court on Wednesday discharged 11 people accused of vandalising a sweet shop and killing a 22-year-old-boy by setting him ablaze during the North-East Delhi riots of 2020. Additional Sessions Judge Pulastya Pramachala of Karkardooma Courts discharged the accused on the grounds that their mere presence in the mob during different points of time and their involvement in other incidents of riots could not be a basis to make them vicariously liable for the incident which resulted in the death of Dilbar Negi. As per the case, Negi used to work as a waiter in Anil Sweet Corner. According to statements of public witnesses, the rioters ransacked the building where the deceased was hiding. They killed him and burnt his body along with the building. Perusing the statement of prosecution witnesses, the court observed that not all of the accused were directly related to the alleged incident of Negi’s killing. However, the judge framed charges of murder, rioting and unlawful assembly ag...

The Delhi High Court on Wednesday refused to direct the Delhi Police to grant permission for holding of All India Muslim Mahapanchayat at Ramlila Maidan ground on October 29. The single-judge Bench of Justice Subramonium Prasad noted that posters of the event had communal overtones and the event could not be permitted at a time when various festivals were being celebrated. Disposing of the petition filed by an organisation named Mission Save Constitution, the High Court said that even though the event has been styled as a platform for education of people, its posters did have communal overtones and it was being proposed to be held in the Old Delhi area, which was in any case not unknown to have communal clashes. The petitioner organisation, founded by Advocate Mehmood Pracha, contended that it was earlier granted permission by the Delhi Police for the event, the NoC was later withdrawn.  The organisation then moved the High Court challenging the Delhi Police’s stand. The...

The Supreme Court has come down heavily on the Rajasthan High Court for entertaining a civil writ petition seeking consolidation of all First Information Reports against an accused, who was denied interim relief under Section 482 CrPC in the plea seeking quashing of FIR. The Bench of Justice Abhay S. Oka and Justice Pankaj Mithal passed the order on a petition challenging the Rajasthan High Court order, which granted the respondents protection from any coercive action. As per the plea, six FIRs were registered against the respondents at the appellant’s behest, along with two other FIRs filed by other informants. The respondents then filed a Criminal Miscellaneous petition under Section 482 CrPC before the Rajasthan High Court, seeking to quash the FIRs. However, these petitions were heard by a Single Judge, who denied them interim relief. On May 5, 2023, the respondents filed a civil writ petition, requesting the consolidation of all eight FIRs into a single case, which was allowed...

Chief Justice of India (CJI) D.Y. Chandrachud has said that the courts have today become the focal point of engagement for civil society and social transformation, noting that people nowadays approached the courts not just for outcomes, but to become a voice in constitutional change. Speaking at the third SDR Comparative Constitutional Law Discussion in the United States as an esteemed guest on Monday, the CJI said that judges were not elected and they did not go back to the people after every five years, but the judiciary had a stabilising influence in a democracy, especially in a plural country like India. He said the judiciary was a stabilising influence in the evolution of society, which was now rapidly evolving with technology. Judges in a way represented a voice of something which must subsist beyond the vicissitudes of time. In that ability of the courts to have a stabilising force, the judiciary has a role to play in the context of plural society, which existed in India, he ...

Chief Justice of India (CJI) D.Y. Chandrachud has said that the courts have today become the focal point of engagement for civil society and social transformation, noting that people nowadays approached the courts not just for outcomes, but to become a voice in constitutional change. Speaking at the third SDR Comparative Constitutional Law Discussion in the United States as an esteemed guest on Monday, the CJI said that judges were not elected and they did not go back to the people after every five years, but the judiciary had a stabilising influence in a democracy, especially in a plural country like India. He said the judiciary was a stabilising influence in the evolution of society, which was now rapidly evolving with technology. Judges in a way represented a voice of something which must subsist beyond the vicissitudes of time. In that ability of the courts to have a stabilising force, the judiciary has a role to play in the context of plural society, which existed in India, he ...

The Allahabad High while allowing the petition filed challenging the order dated 23.02.2019 passed by the Additional Commissioner, State Tax, Mathura as well as the order dated 16.05.2018 passed by the Assistant Commissioner, State Tax, Mobile Squad, Mathura under section 129(3) of the UP GST Act, has held that intention to evade tax cannot be attributed on movement of assesse’s goods from one unit to another. A Single Bench of Justice Piyush Agrawal passed this order while hearing a petition filed by M/S Vacmet India Ltd. The facts of the case are that the petitioner is a Company registered under the Companies Act, 1956 and deals in production of polyester films, BOPP films, specialty coated films and metallized paper, etc in India. On 14.05.2018, while the goods were transported from manufacturing unit of the petitioner at Agra to its unit at Kosi Kalan, Mathura, the vehicle was intercepted and detention order in Form GST MOV 06 under section 129(1) UP GST Act was passed on the g...

Chief Justice of India D.Y. Chandrachud will attend the third SDR Comparative Constitutional Law Discussion in the United States as an esteemed guest on Monday. The inaugural discussion in the series was held in October 2020 on the occasion of 150 years of celebration of Georgetown Law. This year’s event will be co-hosted by The Society for Democratic Rights (SDR), New Delhi and the Georgetown University Law Center, Washington DC. For the first time, the conversation will be held physically at the Georgetown University Law Center, Washington DC, US. CJI Chandrachud, along with Associate Justice of the United States Supreme Court Stephen Breyer (Retd), will attend the historic event as esteemed guests. They will speak on ‘Perspectives From The Supreme Courts Of India And The United States’. The Chief Justice of the largest democracy in the world, for the first time, will be on an open public platform with a Justice of the United States Supreme Court. The event will mark the globa...

The Punjab & Haryana High Court recently has instructed the state police for issuing protection to a same sex lesbian live-in couple. The bench of Justice Jasjit Singh Bedi ordered the Barnala districts’ Senior Superintendent of for examining the representation by the petitioners and pass appropriate directions. Advocate Jasmeet Singh represented lesbian couple. Advocate Kirat Singh Sidhu appeared State. The Court said that at present they deem it appropriate to direct the Senior Superintendent of Police, District Barnala to look into the matter and pass an appropriate order on the representation allegedly filed by the petitioners before him on 07.08.2023. A plea was put before the Court for protection of the couple due to objections by their family members to their relationship. The petitioner counsel stated that that marriage is not a prerequisite for ensuring the safety of a couple in a ‘live-in relationship’ since safeguarding life and liberty holds the utmost i...

A Public Interest Litigation has been filed in the Supreme Court challenging the constitutional validity of Rule 5(4)(a) and Rule 5(4)(b) of the Transplantation of Human Organs and Tissues Rules, 2014. Filed by the father of minor Kavish Garg on his behalf, the petition sought stay on Rule 5(4)(a) and Rule 5(4)(b) on the grounds that they were ultra vires of the Transplantation of Human Organs and Tissues Act, 1994. It further said the impugned rules were made in excess of the power conferred by THOTA and were in direct conflict with Section 3(1) and Section 3(4) of the Act. As per the plea, these Impugned Rules were in violation of Articles 13, 14 and 21 of the Constitution of India because they violated the right to bodily integrity of deceased organ donors. Filed under Article 32 of the Constitution of India by Advocate-on-Record (AoR) Ajit Sharma, the petition contended that while THOTA required that donor’s wish be respected after his/ her death in so far as donation of his/ ...

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The Allahabad High Court while disposing the petition observed that the children are expected to look after their elderly parents properly which is not only a value-based principal but a bounden duty as mandated by law. It is often seen that after receiving the property from their parents, the children abandon their old aged parents. The Division Bench of Justice Mahesh Chandra Tripathi and Justice Prashant Kumar passed this order while hearing a petition filed by Chhavi Nath. By means of the petition, the petitioner has sought following reliefs:- “ (i) Issue a writ order or direction in the nature of mandamus directing the respondent concern to pass order on the representation dated 6.10.2022 and 10.10.2022 whereby restrained to the private respondent not to interfere in the peaceful possession of the land in question of petitioner. (ii) Issue a writ order or direction in the nature of mandamus directing the respondents to provide basic requirements for human survival to the peti...

The Uttarakhand High Court issued notice on a Public Interest Litigation (PIL) raising the grievance that the villagers have encroached upon, and obstructed the irrigation canal, which is leading to obstruction, and the farm lands of the villagers are not receiving water through the irrigation canal. The petitioner has placed on record the Joint Inspection Report dated 22.07.2022, which has concluded that there is encroachment of irrigation canal by the villagers. The petitioner also states that, rather than taking resort to the provisions of the Northern India Canal and Drainage Act No. 08 of 1873, which provides for immediate clearance of obstruction in irrigation canals, the respondent-authorities have initiated proceedings under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971, and even those proceedings are being delayed, and not brought to conclusion. The Division Bench of Chief Justice Vipin Sanghi and Justice Rakesh Thapliyal directed the served respondent...

The Popular Front of India (PFI) moved the Supreme Court against the March 21 order of the Unlawful Activities (Prevention) Act Tribunal, which upheld the five-year ban imposed on the Muslim political organisation by the Union government. The Bench of Justice Aniruddha Bose and Justice Bela M. Trivedi was slated to hear the Special Leave Petition (SLP) on Friday, however, the hearing was deferred following a letter seeking adjournment by the petitioner. On September 27, 2022, the Central government had imposed a ban for five years on PFI, Rehab India Foundation (RIF), Campus Front of India (CF), All India Imams Council (AIIC), National Confederation of Human Rights Organisation (NCHRO), National Women’s Front, Junior Front, Empower India Foundation and the Rehab Foundation, Kerala under UAPA. The Ministry of Home Affairs (MHA) had issued a notification on the night of September 27, 2022, stating that PFI and its affiliates have been found to be involved in subversive activities and...