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Supreme Court directs appointment of District Officer in each State/UT for effective implementation of POSH Act

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The Supreme Court has directed all States and Union Territories in the country to appoint a District Officer for effective implementation of the Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act, 2013 read with its Rules. The Bench of Justice S. Ravindra Bhat and Justice Dipankar Datta on Friday noted that though Section 5 says that the appropriate Government may notify a District Magistrate or Additional District Magistrate or the Collector or Deputy Collector as a District Officer, the Court read this as a mandatory condition. It said treating Section 5 as directory would leave a gaping hole in the otherwise clearly delineated workflow and redressal mechanism and the efficacy of this legislation, as a result, would fall flat. The Apex Court passed a slew of directions to the Union government, along with all state governments and UT administrations on a writ petition filed under Article 32 of the Indian Constitution by an organisation named ‘Initiatives Fo...

Justice Siddharth Mridul takes oath as 7th Chief Justice of Manipur High Court

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The Manipur High Court got its seventh Chief Justice on Friday as Justice Siddharth Mridul was sworn-in for the important post. The swearing-in ceremony was held at Raj Bhavan in Imphal. State Governor Anusuiya Uikey administered the oath of office and secrecy to Justice Mridul. The office of the Chief Justice of Manipur High Court fell vacant in February this year, following the elevation of Justice P.V. Sanjay Kumar to the Supreme Court.  The Supreme Court Collegium, accordingly, proposed appointment of Justice Mridul as the next Chief Justice on July 5. However, the proposal remained with the Central government for more than three months. Justice MV Muralidharan was currently serving as the Acting Chief Justice of the High Court. On September 27, the Supreme Court expressed concerns at the collegium recommendations remaining pending with the Centre.  The Bench led by Justice Sanjay Kishan Kaul told the Attorney General for India that the proposal for appointment of C...

Justice Siddharth Mridul takes oath as 7th Chief Justice of Manipur High Court

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The Manipur High Court got its seventh Chief Justice on Friday as Justice Siddharth Mridul was sworn-in for the important post. The swearing-in ceremony was held at Raj Bhavan in Imphal. State Governor Anusuiya Uikey administered the oath of office and secrecy to Justice Mridul. The office of the Chief Justice of Manipur High Court fell vacant in February this year, following the elevation of Justice P.V. Sanjay Kumar to the Supreme Court.  The Supreme Court Collegium, accordingly, proposed appointment of Justice Mridul as the next Chief Justice on July 5. However, the proposal remained with the Central government for more than three months. Justice MV Muralidharan was currently serving as the Acting Chief Justice of the High Court. On September 27, the Supreme Court expressed concerns at the collegium recommendations remaining pending with the Centre.  The Bench led by Justice Sanjay Kishan Kaul told the Attorney General for India that the proposal for appointment of C...

Supreme Court rejects Ashwini Upadhyay plea seeking uniform endowment code

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The Supreme Court on Wednesday dismissed as withdrawn a petition filed by Advocate Ashwini Upadhyay seeking similar rights for Hindus, Buddhists, Jains and Sikhs to administer their religious places without State interference like Muslims, Parsis and Christians. The Bench of Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra refused to entertain the plea on grounds that it needed to raise more specific prayers to be considered by the court. The Apex Court, however, did not dismiss other petitions tagged with Upadhyay’s PIL, which raised specific reliefs for a uniform endowment code. The Bench granted time to the Central government in those matters, to file a response. Solicitor General Tushar Mehta, appearing for the Union government, urged the Apex Court to separate Upadhyay’s plea from the rest of the petitions. He said the Government would file a response in other matters within a week. The SG alleged that Advocate Upadhyay was doing this just...

Sushant Singh Rajput case:Aditya Thackeray seeks Bombay High Court to intervene in PIL calling for his arrest

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The Bombay High Court has been approached by Aditya Thackeray seeking to look into his arrest in connection with death case of late Bollywood actor Sushant Singh Rajput and his former manager Disha Salian.  Aditya Thackeray who is the Member of Legislative Assembly (MLA) has asked the High Court’s permission to intervene in the PIL so that he could be heard before any order is passed in the matter.  An intervention application was filed on behalf of Thackeray through Advocate Rahul Arote, stated that PIL was not maintainable, as the probe in Rajput’s case is already being conducted by the Central Bureau of Investigation (CBI).  In the intervention application, Thackeray pointed out that since the Supreme Court is seized of the matter the High Court cannot pass any order. The PIL which was filed by the leader has sought to intervene was filed in June this year and is yet to be heard.  It sought directions to the CBI to conduct a custodial interrogation of Thacke...

Former judge PN Prakash designated Senior Advocate by Supreme Court

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The former judge of the Madras High Court Justice PN Prakash, who superannuated from service this year, has been designated a Senior Advocate by the Supreme Court of India. As per the notification, Justice Prakash was conferred the gown by the apex court in its full court meeting held on October 16. Before 2013,Justice Prakash practiced as a lawyer specialising in criminal law at the Madras High Court for almost three decades. While holding the position, of judge of the at Madras High Court, Justice Prakash has given several important judgements and was instrumental in was instrumental in bringing into force the Tamil Nadu Criminal Rules of Practice, 2019. The post Former judge PN Prakash designated Senior Advocate by Supreme Court appeared first on India Legal . from India Legal https://ift.tt/cY2jk1m

Supreme Court adjourns hearing of pleas by Congress leaders Rahul Gandhi, Sonia Gandhi, Priyanka Gandhi Wadra, the Aam Aadmi Party

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The Supreme Court has adjourned hearing of the pleas by Congress leaders Rahul Gandhi, Sonia Gandhi, Priyanka Gandhi Wadra, the Aam Aadmi Party (AAP), until November 7,challenging the decision of income tax authorities to transfer their tax assessments to the central circle. Notably, the court also orally directed the respondent authorities from not passing any assessment order in the meantime, after the petitioners accused them of rushing the assessments. A bench of Justices Sanjiv Khanna and SVN Bhatti was hearing a clutch of special leave petitions challenging an order passed by the Delhi High Court in May this year upholding the transfer orders. Earlier this month, Senior Advocate Abhishek Manu Singhvi, appearing for the Delhi’s ruling Aam Aadmi Party, criticised the high court’s observation that even after the concept of e-assessment and faceless assessment were introduced in 2019 and 2020 respectively, the jurisdictional assessing officer would continue to exercise concurrent...