Excessive Courts Weekly Roundup [December 6, 2021 To December 12, 2021]

High Courts Weekly Roundup [December 6, 2021 To December 12, 2021]

Allahabad Excessive Courtroom

1. NCR Pollution: Allahabad HC Issues Contempt Notice To DMs Of Two UP Districts Over Failure To Shut Down Brick Kilns [Sohanveer v. Shri Chandra Prakash Singh]

The Excessive Courtroom issued a contempt discover in opposition to the District Magistrates of two districts of Uttar Pradesh, Gautam Budh Nagar and Bulandshahr in relation to non-compliance with the Courtroom’s order to close down all brick kilns within the NCR to manage air pollution. The Bench of Justice Abdul Moin issued discover to Chandra Prakash Singh, District Justice of the Peace Bulandshahr and Suhas Lalinakere Yathiraj, District Justice of the Peace Gautam Budh Nagar over their failure to close down all brick kilns of their respective districts.

2. ‘Victim Of Rape Cannot Be Compelled To Undergo DNA Test’: Allahabad High Court In POCSO Case [Gulafsa Begum v. State of U.P.]

The Excessive Courtroom has dominated {that a} sufferer of rape can’t be compelled to bear DNA check to find out the paternity of her little one. The Courtroom was adjudicating upon a revision petition difficult the order dated June 25, 2021 of the Extra Classes Choose, Sultanpur whereby such a DNA check was allowed to be performed. Justice Sangeeta Chandra noticed with dismay that the involved Extra Classes Choose had ‘misdirected his energies’ because the query in consideration earlier than him was not whether or not the kid born to the sufferer was the kid of the accused (reverse get together 2) however whether or not the offence of rape had been dedicated by the accused.

3. Complaint U/S 138 NI Act- “Accused Can Be Summoned Even On The Basis Of Affidavit Filed By Complainant”: Allahabad HC [Virendra Kumar Sharma v. State of U.P. and Another]

The Excessive Courtroom noticed that in a cheque bounce case for inadequate funds (Part 138 Negotiable Devices Act), even on the idea of affidavit filed on behalf of the complainant, an accused will be summoned by the Courtroom. The Bench of Justice Sameer Jain additional held that in such instances, there isn’t any want for the Justice of the Peace to report statements of witnesses underneath Sections 200 and 202 Cr.P.C. and that there will not be any illegality if the accused is summoned on the idea of an affidavit filed on behalf of the complainant.

4. Can’t Withhold Passport Application Merely On Account Of Pendency Of Govt Appeal Against Acquittal Order: Allahabad High Court [Pramod Kumar Rajbhar v. State Of U P And 2 Others]

The Excessive Courtroom has noticed that an individual’s software for issuance of a passport can’t be withheld merely on account of the pendency of a Authorities Enchantment in opposition to acquittal order. The Bench of Justice Ashwani Kumar Mishra and Justice Vikram D. Chauhan additional clarified that as long as the order of acquittal (in reference to a legal case) stays, the petitioner’s innocence could be presumed.

5. Mirzapur Web-Series: Allahabad High Court Quashes FIR Against Makers, Directors & Writers

The Excessive Courtroom quashed the First Info Report (FIR) registered in opposition to Net Collection Mirzapur’s producers Farhan Akhtar and Ritesh Sidhwani in a case registered in opposition to them alleging that the sequence confirmed Uttar Pradesh in a “unhealthy gentle”. A Bench of Justice MC Tripathi and Justice Subhash Vidyarthi additionally quashed the FIR in opposition to ‘Mirzapur Collection’ Administrators and Writers specifically Karan Anshuman, Gurmeet Singh, Puneet Krishna, and Vineet Krishna.

6. “Improper Examination U/S 313 CrPC Caused Serious Prejudice”: Allahabad HC Acquits Murder Accused In Prison For Over 30 Yrs [Ishaque v. State of U.P]

Holding that improper examination of a homicide accused underneath Part 313 CrPC had induced critical prejudice to him and had resulted in miscarriage of justice, the Allahabad Excessive Courtroom not too long ago acquitted the person (who remained in jail for over 30 years) of homicide costs.

The Judgment by Justice Manoj Misra and Justice Sameer Jain got here in an enchantment filed by a Bangladesh Nationwide, Ishaque in opposition to his conviction order handed by Extra District & Classes Choose, Ghaziabad in June 1996 for the offences punishable underneath Sections 302 I.P.C. and part 4/25 Arms Act.

7. Man Allegedly Asks Muslims ‘To Take Revenge If SC Gives Ayodhya Ruling In Favour Of One Community’: Allahabad HC Grants Him Relief [Muhammad Saghir Khan v. State Of U.P. Thru. Prin. Secy. Home Deptt.Lko.& Ors.]

The Excessive Courtroom granted safety from arrest to a person who allegedly delivered a speech asking the Muslim youths to take revenge in their very own means if the Supreme Courtroom pronounces ‘Ram Mandir Judgment in favor of 1 neighborhood’. The Bench of Justice Devendra Kumar Upadhyaya and Justice Saroj Yadav famous that the speech rendered by the petitioner doesn’t replicate or enchantment to the youth to take pleasure in any legal act by rebelling or through the use of violence.

8. Article 233- Judicial Officers Can’t Apply & Compete For Direct Recruitment To Post Of District Judges: Allahabad High Court [Shashank Singh And 4 Others v. Honble High Court Of Judicature At Allahabad And Another]

The Excessive Courtroom held that underneath Article 233 of the Structure of India, a Judicial Officer, no matter his or her earlier expertise, as an Advocate with 7 years observe, can’t apply and compete for appointment to any emptiness within the submit of District Choose. The Bench of Justice Ashutosh Srivastava and Justice Pritinker Diwaker additional clarified that his or her (Judicial Officer) likelihood to occupy the submit (of District choose) could be by means of promotion in accordance with the Guidelines framed underneath Article 233 and Proviso to Article 309 of the Structure of India.

Different Developments

Kasganj Custodial Death: ‘Suicidal Hanging Theory Scientifically Impossible’: PUCL Moves Allahabad HC Seeking 2nd Post-Mortem

Statements Of A ‘Large Number’ Of Eye Witnesses In Lakhimpur Kheri Incident Yet To Be Recorded: UP Govt Tells Allahabad HC

Plea To Restrain Waseem Rizvi Aka Jitendra Tyagi From Giving ‘Disputed Religious Statements’ Moved In Allahabad High Court

“Advocates Involved In Anti-Social Activities Taking Advantage Of Robe To Go Scot-Free”: Allahabad HC Seeks Details Of Such Cases

Allahabad High Court Seeks UP Govt’s Response On PIL For Removal Of Liquor Shop Located Near A School, Temple & Hospital

Bombay Excessive Courtroom

1. Should Stamp Duty Continue To Be Payable Twice For Redevelopment Projects?– Bombay High Court To Decide, Appoints Amicus Curiae

In a difficulty affecting a whole bunch of redevelopment tasks in Maharashtra, the Excessive Courtroom has determined to look at the stamp responsibility appropriately payable on registration of agreements for handing again redeveloped flats underneath the Maharashtra Stamp Act. Three petitions filed by a Mumbai builder problem two State Authorities circulars, making stamp responsibility payable twice in most redevelopment tasks. The circulars dated June 23, 2015, and March 30, 2017, have been issued by the Inspector Common of Registration and Controller of Stamps, Maharashtra State.

2. NIA Approaches Bombay High Court Against Bail To Bookie In Ambani Terror Scare Case

The Nationwide Investigation Company has filed an enchantment u/s 21(1) within the Excessive Courtroom in opposition to bail granted to bookie Naresh Gaur by the particular courtroom within the Ambani Terror Scare Case. The particular NIA courtroom granted bail to Gaur on November 20, nonetheless, he continues to stay behind bars because the order was stayed for 25 days. Final week, the Bombay Excessive Courtroom quashed the keep observing {that a} classes courtroom can’t keep it personal order granting bail underneath the Legal Process Code.

3. Aryan Shahrukh Khan Approaches Bombay High Court For Modification Of Bail Condition

Aryan Shahrukh Khan has approached the Bombay Excessive Courtroom for modification of his bail situation to look earlier than the Narcotics Management Bureau each Friday between 11am to 2pm. Khan’s plea states that his bail situation could possibly be relaxed because the Cruise Ship Medicine Case is transferred to a Particular Investigations Group arrange by the NCB in Delhi. He has cited difficulties confronted by him because of the big media presence everytime he marks his attendance on the NCB workplace.

4. Nawab Malik Apologizes To Bombay High Court For Violating Undertaking To Not Make Statements Against Sameer Wankhede Family

Maharashtra State Minister and NCP chief Nawab Malik on Friday tendered an unconditional apology to the Bombay Excessive Courtroom for commenting on NCB officer Sameer Wankhede’s household regardless of giving an endeavor to the Bombay Excessive Courtroom that he would chorus from making such feedback. The division bench of Justices SJ Kathawalla and Milind Jadhav accepted the apology within the defamation go well with filed by the NCB officer’s father Dnyandeo Wankhede.

5. PMLA Authority Can Pass Order On Attachment Of Anil Deshmukh’s Assets Worth 4.2 crore, But No- Coercive Steps Till January 10 : Bombay High Court

The Excessive Courtroom allowed the Adjudicating Authority underneath Prevention of Cash Laundering Act to go an order concerning attachment of belongings belonging to former Residence Minister Anil Deshmukh and his household however directed that no coercive steps must be taken until January 10 or with out the HC’s permission. A division bench of Justices Gautam Patel and the Madhav Jamdar modified December 6 order by which they’d restrained the Authority from passing last orders.

6. Sessions Court Cannot Stay Own Bail Order Under CrPC – Bombay High Court

In a major order, the Bombay Excessive Courtroom has held {that a} classes courtroom can’t keep its personal order granting bail to an accused underneath the legal process code. “In as far as the facility of the discovered Classes Choose to remain his personal order of grant of bail is anxious, for my part, the Code of Legal Process doesn’t empower the Classes Choose to remain the operation of his order of grant of bail,” the courtroom noticed.

7. [Antilia Terror Scare Case] Bombay High Court sets Aside Special NIA Court’s Decision Staying It’s Own Bail Order For Bookie Naresh Gaur

The Excessive Courtroom paved the best way for launch of Naresh Gaur, the primary recipient of bail within the Ambani Terror Scare and Mansukh Hiran Homicide Case. Justice SK Shinde put aside the Particular NIA courtroom’s resolution to remain it is personal order for 25 days, after granting him bail. The order was stayed on the Nationwide Investigation Company’s request to permit them to problem bail granted to him within the Excessive Courtroom.

8. Nawab Malik Prima Facie Breached Undertaking To Not Make Statements Against Sameer Wankhede Family : Bombay High Court

The Excessive Courtroom noticed that State Cupboard Minister and NCP chief Nawab Malik had prima facie “wilfully breached” his endeavor to the courtroom, to not make any statements in opposition to Dnyandeo Wankhede and his household, together with NCB officer Sameer Wankhede.

A division bench of Justices SJ Kathawalla and Milind Jadhav sought an evidence from Malik within the type of an affidavit by Friday.

9. Plea In Bombay High Court Challenges 2% Reservation For Special Backward Classes In Govt Jobs

Youth for Equality, an organisation in opposition to caste-based reservation, has approached the Bombay Excessive Courtroom difficult the two% reservation for Particular Backward Courses (SBC) in public service jobs in Maharashtra.

In keeping with the plea, the two% SCB reservation was over and above the 50% ceiling restrict concerning Authorities and public sector jobs. It was launched in 1994 and was violative of constitutional provisions. The requirement of extraordinary circumstances for culling out such reservations was additionally absent, the plea added

Domestic Violence Act Complaints Can’t Be Filed At Places Of Casual Visits, Should Be Instituted In Place Of Temporary Or Permanent Residence: Bombay High Court

A home violence criticism can’t be filed at a spot a girl is barely casually visiting and proceedings have to be instituted at her short-term or everlasting residence underneath part 27 of the Home Violence Act, the Bombay Excessive Courtroom stated. The courtroom interpreted ‘short-term residence’ to imply the place an aggrieved individual has briefly determined to make their house and never a lodge or a visitor home, meant for brief visits.

Different Developments:

Every Institution Must Have Confidence In Its Leader, Chief Justice’s Decisions To Assign Matters Not Open to Judicial Review – Bombay High Court

“Blind Faith Real Driver” – Bombay High Court Upholds Conviction Of God-Man For Raping Married Woman As Part Of Child Bearing Ritual

Kangana Ranaut Moves Bombay High Court To Quash Mumbai Police FIR Over Khalistani Remarks On Farmer’s Protest

Bombay High Court Grants Pre-Arrest Bail To Actor Sahil Khan In Abetment To Suicide Case

Bombay High Court Grants Anticipatory Bail To Sameet Thakkar In Thane FIR

Bombay High Court Restrains PMLA Adjudicating Authority From Passing Orders On Attachment Of Anil Deshmukh’s Assets

Calcutta Excessive Courtroom

1. Calcutta HC Grants Custody Of 4-Yr-Old Girl To Deceased Mother’s Friend Over Biological Father, Grants Visitation Rights To Father [Tushar Kanti Das v. Kajal Saha]

The Excessive Courtroom refused to grant custody of a 4 and a half years outdated lady little one to her organic father and as an alternative permitted the kid to be within the care and safety of a household good friend of her deceased mom. Nevertheless, the Courtroom has granted visitation rights to the organic father after observing that the bond between the kid and her pure father should be inspired from a young age.

2. Calcutta High Court Reserves Judgment In Plea Filed By BJP Leader To Hold Municipal Polls In State In One Phase [Pratap Banerjee v. State of West Bengal and Ors]

The Excessive Courtroom reserved judgment within the plea moved by BJP Sate vice-president Pratap Banerjee searching for route to the West Bengal authorities and the State Election Fee (SEC) to carry municipal polls within the State in a single part.

A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bhardwaj had earlier sought response from the State authorities stipulating the time interval inside which the State authorities would maintain elections to the remaining municipal our bodies aside from the already notified Kolkata Municipal Company. Subsequently, the Bench was knowledgeable by the State Election Fee that they’d already initiated dialogue with the State authorities on this regard and that elections for the remaining municipalities could be held in 6-8 phases within the month of Might 2022.

3. ‘Dialogues Fundamentally Hilarious, Futile To Find Elements Of Hate Speech: Calcutta HC Quashes FIR Against Mithun Chakraborty For Alleged Hate Speech, Stays Investigation [Mithun Chakraborty v. State of West Bengal and Ors]

The Excessive Courtroom quashed the FIR registered in opposition to famend actor and BJP chief Mithun Chakraborty by a member of the TMC get together over his alleged ‘hate speech’ at an election rally at Brigade Parade Floor in Kolkata on March 7, 2021. The Courtroom additionally stayed any additional police investigation into the matter.

Justice Kaushik Chandra noticed that Chakraborty had not supposed to advertise the sensation of enmity, hatred, or ill-will between completely different non secular, racial, linguistic or regional teams or castes or communities when he uttered the alleged dialogues in the course of the political rally and thus the substances of offences underneath Sections 153A, 504, and 505 of the Indian Penal Code, 1860 are absent.

4. Incorrect To Punish Man For Rape If His Promise To Marry Didn’t Fructify Due To Opposition From Family Elders: Calcutta High Court [Saddam Hussain v. State of West Bengal]

The Excessive Courtroom acquitted a person of rape costs whereas noting that it could be incorrect to punish somebody for the offence of rape if the promise to marry didn’t fructify because of the subsequent occasions, specifically, opposition from household elders which isn’t attributable to the accused.

The Bench of Justice Joymalya Bagchi and Justice Bivas Pattanayak famous that the person/appellant was a youngster and the wedding proposal did not come to fruition because of the opposition from elders and due to this fact, it wasn’t a case of intercourse on the false promise of marriage amounting to rape.

5. Calcutta High Court Quashes Single Bench’s Order On CBI Probe Into Irregularities In Non-Teaching Staff Appointments In WB Gov Sponsored Schools

The Excessive Courtroom quashed a Single Bench order whereby a Central Bureau of Investigation (CBI) probe had been ordered into the alleged irregularities within the appointment of ‘Group-D’ (non-teaching workers) in sponsored Secondary and Larger Secondary colleges underneath the West Bengal Board of Secondary Schooling (WBBSE) on the purported advice by the West Bengal Central College Service Fee (WBSSC). Justice Abhijit Gangopadhyay had directed the CBI to submit a preliminary report on this regard by December 21.

Different Developments:

Calcutta High Court Orders ₹5 Lakh Compensation For Nepali Man Who Remained In Prison Sans Trial For Over 40 Years

Elections To Remaining Municipal Bodies To Be Completed By May 2022: State Election Commission Informs Calcutta High Court

Delhi Excessive Courtroom

1. Underworld Organised Activities & Clandestine Smuggling Of Drugs Resulting In Addiction Among Adolescents, Students: Delhi HC [Ram Bharose v. State]

The Excessive Courtroom has noticed that the underworld-organized actions and clandestine smuggling of medication are leading to habit among the many public significantly adolescents and college students. Discussing the consequences of medication on society, Justice Subramonium Prasad noticed thus:

“It has been noticed that organised actions of the underworld and the clandestine smuggling of narcotic medicine and psychotropic substances and unlawful trafficking in such medicine and substances is leading to drug habit amongst a sizeable part of the general public, significantly the adolescents and college students of each sexes and the menace has assumed critical and alarming proportions within the current years which has a lethal impression on the society as an entire.”

2. Coal Scam Case: Delhi High Court Grants Interim Relief To Enforcement Directorate, Stays Notices Issued To It’s Officials By West Bengal Police [ED & Ors. v. State of West Bengal & Ors.]

The Excessive Courtroom has granted advert interim reduction to the Enforcement Directorate by staying the operation of the notices, issued by West Bengal Police, to its officers performing their statutory capabilities in Delhi in relation to the coal rip-off case. The ED is investigating the unlawful coal mining case and the function of complainant TMC MP Abhishek Banerjee underneath the PMLA Act within the New Delhi Headquarters.

3. “Conduct Of HoD Needs To Be Blemish Free”: Delhi HC Dismisses Professor’s Plea Over Non Appointment As HoD After Sexual Harassment Complaint By Teacher [PROF. R. K. SHARMA v. UNIVERSITY OF DELHI AND ORS.]

Observing that the conduct of a Instructor as an HoD must be blemish-free, the Delhi Excessive Courtroom dismissed a plea by a senior professor of the Delhi College aggrieved over his non-appointment because the Head of Chemistry Division after a sexual harassment criticism was made in opposition to him by a Instructor. “The conduct of a Professor / Instructor as an HoD, who’s required to contain himself in numerous actions of the Division, which incorporates interacting with the scholars and the lecturers, have to be blemish-free,” Justice V Kameswar Rao noticed.

4. Maintenance Of Kalkaji Temple Complex: Delhi High Court Seeks Report On Creation Of Shops, Basic Civic Amenities For Devotees [NEETA BHARDWAJ & ORS. v. KAMLESH SHARMA]

The Excessive Courtroom has sought a report on the the creation of retailers in addition to the essential civic facilities out there for devotees inside metropolis’s Kalkaji Temple advanced. Justice Pratibha M Singh directed the Courtroom appointed architect to submit a complete report after a gathering with administrator, Retired Justice JR Midha on or earlier than twentieth December, 2021. The Courtroom additionally issued directives in respect of all of the shopkeepers, in occupation of the temple premises and have been working outlets, however weren’t utilizing the premises for residential functions.

5. Maternity Benefit Act A Beneficial Legislation, Organisation Expected To Be Empathetic To Pregnant Woman Rather Than Making Bald Allegations Against Her: Delhi HC [ASIA PACIFIC INSTITUTE OF MANAGEMENT v. OFFICE OF THE JOINT LABOUR COMMISSIONER AND ANOTHER]

The Excessive Courtroom has held that the Maternity Profit Act is a useful laws for the aim of safeguarding the rights of pregnant girls and that an organisation is anticipated to be empathetic to the reason for a pregnant girl relatively than making bald allegations in opposition to her. “The Act is a useful laws for the aim of safeguarding the rights of pregnant girls. The provisions of the Act need to be given impact to, in letter and spirit. Technical points wouldn’t are available in the best way of the Courtroom or the authority involved, in recognizing the stated advantages,” Justice Pratibha M Singh noticed.

6. “No Authorized Proper To An Award”: Delhi HC Rejects CRPF Officer’s Plea Difficult Denial Of Gallantry Award For Operation With Armed Naxals [MANJUNATH GOULI v. UNION OF INDIA & ORS.]

The Excessive Courtroom has rejected a plea by a CRPF officer difficult the denial of grant of Police Medal for Gallantry Award for a 2019 operation between the drive and armed Naxals. Justice Manmohan and Justice Navin Chawla dismissed the plea observing that the officer has no authorized proper to an award or a medal.

“Within the opinion of this Courtroom, the Petitioner has solely a proper for consideration of his title for the PMG award however he has no authorized proper to an award/medal,” the Courtroom stated.

7. “These People Are Powerless Or What?”: Delhi High Court Raps SDMC For Complaining About Violation Of Judicial Orders By Vendors ]In Nehru Place [COURT ON ITS OWN MOTION v. GOVT. OF NCT OF DELHI AND ORS]

The Excessive Courtroom rapped the South Delhi Municipal Company for complaining in regards to the violation of judicial orders by distributors in metropolis’s Nehru Place space qua circumstances of hawking remarking that it was the duty of the authority to make sure enforcement of the orders. The bench of Justice Manmohan and Justice Navin Chawla was listening to a suo moto case registered by the Courtroom following a fireplace incident at a constructing available in the market.

8. Kalkaji Temple: Delhi High Court Issues Directions For Removal Of Unauthorized Encroachments, Portable Drinking Water Facilities For Devotees [NEETA BHARDWAJ & ORS. v. KAMLESH SHARMA]

The Excessive Courtroom has issued further instructions for removing of unauthorised encroachments by shopkeepers and residents inside metropolis’s Kalkaji Temple and in addition concerning moveable consuming water services for devotees. Justice Pratibha M Singh was of the opinion that the shopkeepers who had made their residences and have been in unauthorised occupation of retailers together with the Dharamshala have to be vacated.

9. “There Seems To Be A Big Disconnect”: Delhi High Court Calls For Meeting With Stakeholders Over Implementation Of Street Vendors Act [New Delhi Traders Association v. GNCTD]

The Excessive Courtroom known as for a gathering with all of the stakeholders together with the Chairpersons of all of the three Municipal Companies, New Delhi Municipal Council, the Delhi Cantonment Board and the involved Director of the DDA to work out the implementation of the Road Distributors Act. Justice Vipin Sanghi and Justice Jasmeet Singh scheduled a gathering within the Excessive Courtroom premises on November 11, Saturday at 3 PM.

Different Developments:
Delhi High Court Finalizes Draft Rules Governing Patent Suits & Intellectual Property Rights Division Rules; Suggestions Invited By Dec 17

“Not A Tinge Of Remorse Or Apology”: Delhi HC Pulls Up Man Seeking Setting Aside Of Sentence Awarded To Him For Contempt In Matrimonial Case

Delhi High Court Issues Directions For Revamping Security Arrangements In City Court Complexes, Appreciates Efforts Of Police And Central Paramilitary Forces

Delhi High Court Quashes Delisting Order Issued To Entity By Railways Without Show Cause Notice And Reasonable Opportunity To Defend

Delhi High Court Disposes Of Plea Alleging Favouritism In Granting Admission In School Run By Jamia Milia Islamia After It’s Stand Of Formulating New Policy

“Examined 60 Witnesses, Investigation Likely To Reach A Substantial Stage In One Month”: CBI Tells Delhi HC In Ankit Gujjar Death Case Inside Tihar Jail

“What Do You Propose To Do? Will You Continue Permitting?”: High Court Seeks Delhi Police’s Stand Over Removal Of Protestors Outside UNHCR Office

Delhi High Court Seeks Enforcement Directorate’s Response On Plea By Popular Front Of India Challenging Money Laundering Case

Beyond Scope Of Knowledge Whether Actions Of Gautam Gambhir Foundation In Procuring COVID 19 Drugs Were For Charitable Service Or Political Gain: Delhi HC Told

Will Ensure Training To Sensitize Officers, Personnel Of Government Organizations For Protection Of Trees: Delhi Govt Informs High Court

Delhi High Court Stays Trial Court Proceedings Summoning Four BJP Leaders In Criminal Defamation Case By Delhi Jal Board

Delhi High Court Asks National Faceless Assessment Centre If It Will Withdraw Final Orders Passed Sans Show Cause Notice, Draft Assessment

“Children Are Dying”: Delhi High Court Raps Centre Over Non-Utilization Of Unspent Budget, Allocated To Rare Diseases Fund

Place On Record Procedure To Be Followed For Conducting Fresh Trials For World Championship: Delhi High Court Directs BFI In Arundhati Choudhary’s Plea

High Court Seeks Delhi Police’s Report Over Functioning Of Illegally Constructed Temple On Public Land In Defence Colony Area

Dengue Outbreak: Delhi High Court Appoints Advocate Rajat Aneja As Amicus Curiae To Closely Monitor Issue Of Mosquito Breeding

Plea In Delhi High Court Seeks Quashing Of Trial Court Order Summoning Four BJP Leaders In Criminal Defamation Case By Delhi Jal Board

Consider Deputing Member From Subordinate Judiciary As A Stop Gap Arrangement Till Appointments Are Made In DRTs: Delhi HC To Centre

Gauhati Excessive Courtroom

‘Not Properly Served Notice’:Gauhati High Court Sets Aisde Ex-Parte Foreigners’ Tribunal’s Order Declaring Man As Foreigner [Jantu Das v. Union of India]

The Excessive Courtroom put aside an ex-parte order by a foreigners’ tribunal declaring a Silchar resident as a foreigner after noting that the tribunal had did not correctly serve discover thus rendering the proceedings unlawful. A Bench comprising Justices Kotiswar Singh and Malashri Nandi noticed,

“Now we have discovered that the petitioner was not correctly served discover earlier than the Tribunal proceeded with the matter ex-parte, we’re of the opinion that the petitioner could also be afforded one other alternative to look earlier than the discovered Foreigners Tribunal to show his case.”

Gujarat Excessive Courtroom

1. Don’t Throw Away Non-Veg Food Stalls Just Because Party In Power Says So Or To Satisfy Ego Of Some: Gujarat High Court To AMC

Coping with a plea filed by sure avenue distributors who claimed that they’ve been arbitrarily prohibited from promoting non-vegetarian meals on the streets of Ahmedabad, the Courtroom rapped the Ahmedabad Municipal Company (AMC) and requested them to not throw away carts of such individuals to fulfill the ego of some. Listening to the matter, the Bench of Justice Biren Vaishnav earlier right this moment sought the presence of the Counsel for AMC earlier than the Courtroom because it orally remarked thus:

“How are you going to determine what individuals ought to eat? Abruptly as a result of somebody in energy thinks that that is what they need to do? Tomorrow you’ll determine what I ought to eat exterior my home? Tomorrow they may inform me that I shouldn’t devour sugarcane juice as a result of it’d trigger diabetes or that espresso is unhealthy for my well being.”

2. “How Can You Stop People From Eating What They Want?”: Gujarat HC Raps AMC On Plea Against Ban On Non-Veg Food Stalls

Coping with a plea filed by avenue distributors who’ve been prohibited from promoting non-vegetarian meals on the streets of Ahmedabad, the Gujarat Excessive Courtroom right this moment rapped the Ahmedabad Municipal Company (AMC) and noticed how may individuals be prevented from consuming what they need to eat.

“You do not like non-veg meals, it’s your lookout. How are you going to determine what individuals ought to eat exterior? How are you going to cease individuals from consuming what they need?”, requested the Bench of Justice Biren Vaishnav.

3. In Contempt Matters The Affidavit Should Not Contain More Than 3 Pages: Gujarat High Court To Govt Pleaders

Paying attention to the observe of submitting lengthy affidavits earlier than the Courtroom in contempt issues, the Gujarat Excessive Courtroom right this moment directed the Authorities pleaders to limit their affidavits to a most of three pages. The Bench of Chief Justice Aravind Kumar and Justice Ashutosh Shastri orally remarked thus: “This observe of submitting affidavits in 8 pages, 12 pages ought to cease in contempt matter. This isn’t a courtroom of enchantment, why do you need to convert these instances into enchantment instances. Supreme Courtroom has come down closely on the observe of touring past what has been ordered.”

Karnataka Excessive Courtroom

1. Karnataka High Court Issues Notice On Plea Challenging Constitutionality Of Sections 99 & 100 Of IBC [Babu A Dhammanagi v. Union Of India]

The Courtroom has issued discover to the Union of India and two others on a petition searching for to declare part 99 and 100 of the Insolvency and Chapter Code (IBC) as unconstitutional and being violative of Article 14.

A division bench of Chief Justice Ritu Raj Awasthi and Justice Sachin Shankar Magadum issued the discover and posted the matter for additional listening to on March 29, 2022. The petition filed by one Babu A Dhammanagi additionally seeks to declare part 95 (1) of the IBC as unconstitutional to the extent of allowing submitting of software by means of decision skilled.

2. Karnataka High Court Restrains State From Implementing Order Against Issuance Of Smart Card Registration Certificates For New Vehicles [Rosmerta Technologies Limited v. Union Of India]

The Courtroom directed the State to not implement its authorities order dated October 31, by which it does away with issuance of good card registration certificates for brand spanking new autos and permits sellers of the producers to subject registration certificates by means of digital/on-line mode.

Additionally Learn: Karnataka High Court Stays GO Directing Educational Institutions To Collect 85% Tuition Fees As Against The Annual School Fee

3. ‘Fraud By Bank Employees A Global Problem, There Has To Be Zero Tolerance’: Karnataka High Court [K Satishchandra Shetty v. Union Bank Of India]

The Courtroom stated that frauds, even when negligible, dedicated by staff related to monetary establishments need to be considered very severely and handled an iron hand.

A division bench of Chief Justice Ritu Raj Awasthi and Justice Sachin Shankar Magadum whereas dismissing the enchantment filed by one Ok Satishchandra Shetty who was dismissed from Union Financial institution of India, following costs of misappropriation of consumers cash, stated, “Frauds carried out by financial institution staff has now turn out to be a worldwide drawback.”

4. Empanelment Of Advocate Bank’s Discretion; Writ Court Cannot Ordinarily Interfere: Karnataka High Court [Thimmanna v. Union Bank Of India]

The Courtroom has stated that empanelment of an advocate by a Financial institution is a matter of discretion of the financial institution involved and a writ courtroom can’t ordinarily intrude & undertake a deeper examination into it.

Justice Krishna S Dixit whereas rejecting a petition filed by one Thimmanna stated that, “Empanelment is a matter of discretion of the financial institution involved; the train of such discretion entails a number of things together with the fiduciary relationship of ‘consumer & counsel’; in issues of this sort a Writ Courtroom can’t ordinarily intrude & undertake a deeper examination.”

Additionally Learn: Provisions Of Rent Act Will Not Have Overriding Effect Over Provisions Of SARFAESI Act: Karnataka High Court

5. Karnataka High Court Grants Anticipatory Bail To Man Accused Of Smuggling Whale Vomit [Riyaz v. State Of Karnataka.]

The Courtroom has granted anticipatory bail to a major accused alleged to be concerned in smuggling of 8.25 kgs of ambergris, generally generally known as whale vomit.

Justice Ok Natarajan allowed the applying filed by one Riyaz. It’s the case of the prosecution that on receipt of credible data on 05.08.2021, the Forest Officers intercepted the Wagonr Automobile at 5.25 p.m. they usually discovered 4 individuals who have been travelling with 8.25 kgs of ambergris.

6. Can’t Go Beyond Supreme Court Orders: Karnataka HC Dismisses Pleas Against BDA Notification For Developing Shivaram Karanath Layout [Basappa v. State of Karnataka]

The Courtroom has dismissed a batch of petitions difficult the validity of ultimate notification issued by the Bangalore Improvement Authority (BDA) in October 2018 for formation of Dr. Ok. Shivaram Karanth Format, on over 3546 acres 12 Guntas Acres of land.

Justice SR Krishna Kumar took notice of a Supreme Courtroom order dated 03.08.2018, restoring BDA’s preliminary notification and acquisition proceedings and directing it to subject a Remaining Notification inside three months.

Additionally Learn: Karnataka High Court Quashes GO Transferring Puttenahalli Bird Reserve To BBMP; Orders Forest Department To Take Charge

7. ‘Allowing Dogs Inside Cubbon Park Affects Morning Walkers; People Don’t Chain Them!’ : Karnataka High Court Expresses Concerns [Cubbon Park Walkers Association v. State Of Karnataka]

The Courtroom orally expressed considerations about canine being allowed inside Cubbon Park, Bengaluru. A division bench of Chief Justice Ritu Raj Awasthi and Justice Sachin Shankar Magadum in the course of the listening to of a petition filed by Cubbon Park Walkers Affiliation stated,

“We need to take suo-motu cognizance with regard to Cubbon park. How are these canine permitted in a public place? So many canine! It in reality impacts the morning walkers. Individuals who convey their canine do not even chain them, they go away them open and there’s no restriction within the motion for the general public contained in the park, no entrance charge or nothing is charged, why? How are these canine permitted in a public place?”

8. IT Dept Not Obliged To Furnish Documents Seized Pursuant To Authorized Search To Any Public Servant: Karnataka High Court [Director General Of Income Tax (Investigation) v. State Of Karnataka]

The Courtroom has stated that when search and seizure proceedings are undertaken by officers of the Earnings Tax Division underneath authorisation, they don’t seem to be obliged to furnish any doc to any public servant in respect of such issues regarding the assessee.

Justice M Nagaprasanna stated: “On a conjoint studying of Sections 132 and 138(2) of the Earnings Tax Act, would result in an unmistakable conclusion that when such seizure proceedings are undertaken by the officers of the Division underneath authorisation, they don’t seem to be obliged to furnish any doc to any public servant in respect of such issues regarding the assessee in opposition to whom search and seizure is taken up.”

Additionally Learn: Karnataka High Court Directs State To Ensure Disbursal Of Funds For Construction Of New District Court Building At Raichur

9. ‘Rights Of Aliens On Foreign Soil Are Those Which Host Country Grants’: Karnataka High Court Denies Relief To Chinese National Overstaying Visa [Li Dong v. Union of India]

The Courtroom has reiterated that Rights of aliens (overseas nationwide) on a overseas soil are these which the host nation grants and that no alien can lay a declare for extra rights than these which might be granted.

Observing thus, Justice Krishna S Dixit dismissed the petition filed by one Li Dong, a local of the Individuals’s Republic of China, who has been overstaying in India, regardless of her visa having expired.

Kerala Excessive Courtroom

1. NEET-UG: Kerala High Court Dismisses Candidate’s Plea Alleging OMR Sheet Manipulation [Rithu Sibi v. Union of India & Ors.]

The Courtroom not too long ago dismissed a plea filed by a NEET-UG 2021 candidate who alleged that the OMR sheet connected to her software quantity had been manipulated and sought an investigation into the identical.

After perusing the report submitted by the Committee constituted by NTA, Justice N. Nagaresh held:

“The Committee has exhaustively thought of the allegations made by the petitioner. There is no such thing as a materials to conclude that any manipulations have been made within the OMR sheet of the petitioner. No different complaints have been acquired from different college students who appeared for the examination from the identical room. Committee discovered that manipulations within the OMR sheet was extraordinarily unlikely.”

2. Can An Accused Seek To Be Subjected To Narco Analysis Test To Prove His Innocence? Kerala High Court Answers [Louis v. State of Kerala]

In a current judgment, the Courtroom has declined to permit the plea of an accused in a POCSO case the place he voluntarily submitted to bear a narco evaluation check to show his innocence within the matter.

Observing that even when allowed, the statements obtained by means of the check usually are not admissible in regulation, Justice M.R. Anitha held that the revelations introduced out throughout Narco Evaluation underneath the affect of a specific drug can’t be taken as a aware act or assertion given by an individual.

Additionally Learn: Victim’s Family Funded Flight Tickets For Police: Kerala HC Appoints Amici Curiae To Explore If FIR Can Be Registered Without Complaint

3. Yields Significant Revenue: Centre Tells Kerala High Court Non-Inclusion Of Petroleum Products Under GST Was ‘A Conscious Decision’ [Kerala Pradesh Gandhi Darshanvedhi v. Union of India]

The Centre and the GST Council have maintained their stance earlier than the Courtroom that petroleum merchandise shouldn’t be included throughout the ambit of GST citing that it was a ‘aware resolution’ contemplating that they yield substantial revenues for the Central and State governments.

The stated authorities of their counter affidavit have acknowledged: “It’s respectfully submitted that it was a aware resolution of the GST Council to maintain petroleum merchandise exterior the GST regime at this stage. These merchandise yield important income for each Centre and States.”

4. Law Student’s Suicide: Husband & Family Move Kerala High Court Seeking Bail [Mohammed Suhail & Ors v. State of Kerala & Anr]

The husband of 2nd yr LLB scholar Mofiya Parveen who died by suicide citing dowry harassment and his household have now approached the Courtroom searching for common bail within the matter. They have been arrested on twenty fifth November and have been in judicial custody since then.

Justice Kauser Edappagath on Friday listed the matter to be taken up after every week by which period the Public Prosecutor has been directed to get directions.

Additionally Learn: How Will You Restore Her Confidence In Police & Humanity?: Kerala High Court Asks State On Pink Police Officer Harassing Minor

5. ‘An Attempt To Persuade Us To Step Into Prohibited Areas’ : Kerala High Court Dismisses Plea Seeking Inclusion Of Law In High School Curriculum’ [Vinod Mathew Wilson v. Union of India]

The Courtroom dismissed a plea searching for to incorporate regulation as a topic within the curriculum from secondary and better secondary courses of all colleges with a discovering that the syllabus was set contemplating professional opinions.

A Division Bench comprising Chief Justice S. Manikumar and Justice Shaji P. Chaly opined:

“… the courtroom shouldn’t be an professional to investigate the problems and the necessities of the neighborhood in a bigger perspective, and with out endeavor any such research by means of specialists, no route will be issued to the Central in addition to the State Governments to border a coverage in a specific method…the petitioner is trying to influence this Courtroom to step into undesirable and prohibited areas, loved by the law-making companies of the respective Governments.”

6. Compassionate Employment Open Only To Kith & Kin Of ‘Govt Servants’: Kerala High Court Cancels Appointment Of Late MLA’s Son In PWD [Ashok Kumar v. State of Kerala & Ors.]

The Courtroom cancelled the compassionate appointment of R. Prasanth, son of late CPI(M) MLA Ok.Ok. Ramachandran Nair within the Public Works Division, ruling that such appointments are solely open to kith and kin of presidency servants, and never MLAs.

Prasanth was appointed because the Assistant Engineer (Electrical) within the Public Works Division after his father Nair, a first-time legislator, handed away in 2018 following well being points.

Additionally Learn: Dispute Agreed To Be Resolved By Authority Other Than Arbitrator Becomes Arbitrable If Such Authority Fails To Take A Decision: Kerala High Court

7. Man Cuffed To Station Handrails: Kerala High Court Directs Inspector General To Inform Progress In Investigation [Rajeev K v. State of Kerala & Ors.]

The Courtroom directed the Inspector Common of Police to tell the progress of the investigation within the incident the place a Dalit man was handcuffed to the handrail of the Police Station merely for asking for the receipt of a criticism he had most popular earlier than the Station.

Upon being appraised {that a} case had been registered in opposition to the accountable Justice Devan Ramachandran was relieved that there was progress within the matter.

8. Headload Workers Act A Relic Of The Past : Kerala High Court [T.P Hardware Centre v The Superintendent of Police & Ors]

The Courtroom whereas listening to a matter of a agency searching for police safety for its workers from the obstruction brought on by headload staff in loading and unloading the products, remarked that the Kerala Headload Staff Act ought to ideally not be in drive in these trendy occasions.

Throughout the proceedings, Justice Devan Ramachandran orally remarked that the observe of headload work ought to have been abolished a very long time in the past.

Additionally Learn: Appointment Of Chief Investigating Officer At Police Complainant Authority To Be Finalised Within Two Months : Kerala High Court To State

9. ‘Atrocious’: Kerala High Court Admits Plea Against ‘Churuli’ Movie For Excessive Use Of Abusive Language [Peggy Fen v. Central Board of Film Certification & Ors.]

The Courtroom admitted a writ petition filed in opposition to the Malayalam film ‘Churuli’ which was not too long ago launched on an OTT platform for extreme use of abusive and obscene language.

After a portion of the stated film was performed within the courtroom, Justice N. Nagaresh issued discover to all of the respondents and orally remarked that the dialogues used within the film have been ‘atrocious in nature’.

10. ‘Being An Olympian Doesn’t Change Anything, Let Police Investigate’: Kerala High Court Issues Notice On Mayookha Johny’s Plea To Quash FIR Against Her [Mayookha Johny v. State of Kerala]

The Courtroom issued discover on Olympian Mayookha Johny’s plea to quash the FIR lodged in opposition to her for allegedly elevating false rape allegations in opposition to C.C. Johnson who serves on the Emperor Emmanuel Church.

When the counsel for the petitioner identified that the petitioner is an Olympian, Justice Ok Haripal orally remarked: “How is that associated to the case? That does not change something. Let the Police examine into the allegations.”

Additionally Learn: ‘Appeals To Our Judicial Conscience’: Kerala High Court Commutes Sentence Of Man Who Killed Uncle Citing Mitigating Circumstances

11. Place A Concrete Decision By Next Posting Date: Kerala High Court Directs State On Decision To Formulate Legislation To End Church Feud [S. Suhas v. Fr. Thomas Paul Ramban]

The Courtroom has directed the State Lawyer to substantiate if the federal government is contemplating bringing a couple of laws for the administration and administration of the Church buildings caught within the Orthodox-Jacobite row.

A Division Bench of Justice A. Muhamed Mustaque and Justice Sophy Thomas whereas granting additional time, noticed: “We need to see {that a} concrete resolution of the Authorities is positioned earlier than us by subsequent posting.

12. Kerala High Court Directs State To Widely Broadcast Its Facilities To Enable More Devotees Attend Sabarimala Darshan [Suo Motu v. State of Kerala]

The Courtroom has directed the State and the Travancore Devaswom Board (TBD) to broadly promulgate the services not too long ago made out there to Sabarimala pilgrims to facilitate entry to extra devotees to the temple and to attend darshan therein, in view of the 2 month pilgrimage season.

Additionally Learn: Sessions Court Not Empowered To Impose Harsher Variety Of Life Sentences: Kerala High Court Reiterates

13. Kerala High Court Slams Child Rights Commission For Ordering ‘Psychiatric Treatment’ Of Woman Fighting Custody Battle With Her Husband [Balakrishnan v Deputy Inspector of Police & Ors.]

The Courtroom got here down on the State Fee for Safety of Little one Rights for its resolution ordering psychiatric analysis and therapy of a girl on an software by her husband, with whom she is concerned in a custody battle for his or her two minor youngsters.

In its order, the Division Bench of Justice Ok Vinod Chandran and Justice C. Jayachandran characterised the order handed by the Fee to be one with out jurisdiction.

14. Plea Alleges Prejudiced Investigation Into Sexual Harassment Complaints Against College Professor: Kerala High Court Issues Notice [Dr. Swapna Gopinath v The Principal, Sree Narayana Guru College & Ors.]

The Courtroom has issued discover to the involved authorities on the Sree Narayana Guru School in a petition alleging biased investigation into sexual harassment allegations levelled by a number of college students in opposition to a professor.

By means of an interim order, Justice Amit Rawal additionally stayed the report of the Inner Compliance Committee constituted to analyze the allegations, to the extent that it accused the petitioner of conspiracy.

15. Will Depict Only A Truncated Picture: Plea Assails Sample Survey To Classify EWS Among Forward Communities, Kerala High Court Issues Notice [Nair Service Society v. State of Kerala & Ors]

The Courtroom has admitted a plea filed by the Nair Service Society (NSS) contesting the pattern survey designed by the State Fee for Economical Backward Courses Amongst Ahead Communities to determine backwardness by accumulating particulars from 5 economically backward households from every locality.

After admitting the plea, Justice N. Nagaresh issued discover to the State and the Fee within the matter.

Madhya Pradesh Excessive Courtroom

1. Indore Bangle-Seller Who Was Thrashed By Mob Granted Bail By Madhya Pradesh High Court In POCSO Case [Golu @ Tasneem @ Taslim v/s The State of Madhya Pradesh]

The Courtroom granted bail to Taslim Ali, the bangle-seller who was thrashed by a mob in Indore in August 2021 for allegedly concealing his Muslim identification whereas promoting bangles in a locality, in a POCSO case

Ali, who has been accused of sexually harassing a Class 6 scholar was granted bail by the Bench of Justice Sujoy Paul noting that the character of the accusation in opposition to him shouldn’t be such which results in a conclusion that he ought to stay in custody until the choice within the case.

2. Natural Justice Principles Violated As Sufficient Time To Produce Acquittal Orders Not Provided: MP High Court Quashes Externment Order [Raju @ Pushpendra Bhadoriya v. Collector/District Magistrate, Indore & Ors.]

The Courtroom quashed an externment order handed in opposition to a person by holding that pure justice ideas have been violated as the person wasn’t given adequate time to provide the orders of acquittal within the instances through which he was already acquitted.

The Bench of Justice Subodh Abhyankar additionally famous that if the person had been given a chance to provide the copies of acquittal orders handed in his favor, then the results of the result may have been completely different.

Madras Excessive Courtroom

1. Madras High Court Orders Winding Up Of SpiceJet Ltd, Official Liquidator To Take Over The Company Assets [Credit Suisse AG v. SpiceJet Limited]

The Courtroom has ordered that SpiceJet Restricted have to be wound up and the belongings have to be taken over by the official liquidator on the grounds of proved incapacity of the Airways to repay its money owed.

Justice R. Subramanian was adjudicating an organization petition filed by Credit score Suisse AG, a Switzerland based mostly Inventory Company and a creditor, who alleged incapacity on the a part of respondent Airways to pay the money owed owed to the previous.

2. Plea Before Madras High Court Seeks Ban On Cryptocurrency Trade Advertisements

A petition earlier than Courtroom seeks a ban on ads about cryptocurrency buying and selling in all media platforms till the Authorities makes correct guidelines and rules for Crypto buying and selling.

The Finance Secretary, Cupboard Secretary and the Ministry of Info & Broadcasting have been arraigned because the Respondents to cease ads on crypto commerce inside a hard and fast time as stipulated by the Excessive Courtroom. The PIL filed on behalf of Advocate Ayyaa states that unlawful buying and selling in cryptocurrencies has aggravated cash laundering, terrorist financing and extortion actions.

Additionally Learn: Madras High Court Reserves Order On Maintainability Of Plea Challenging AIADMK Intra-Party Elections

3. TN Govt Considering Amendments In Police Conduct Rules To Prevent Harassment Of LGBTQIA+ Community: State Tells Madras High Court [S. Sushma & Anr. v Commissioner of Police & Ors.]

Numerous authorities authorities yesterday expressed their willingness earlier than the Courtroom to make amends of their strategy in the direction of the LGBTQIA+ neighborhood, by conducting sensitization programmes and different steps expedient for the aim.

The Public Prosecutor knowledgeable Justice N. Venkatesh Anand that the State is severely contemplating amendments to the Police Conduct Guidelines to make sure that the Neighborhood doesn’t endure harassment by the hands of any police officer.

4. Air India Disinvestment: Madras High Court Grants Interim Relief To Employees’ Union For Retention Of Accommodation, Medical Facilities [Air India Corporation Employees Union v. Union of India & Ors.]

An worker’s Union has moved the Courtroom searching for to restrain the Central Authorities from continuing additional with the method of disinvestment of Air India, till steps are taken to guard the rights of the nationwide service’s workers.

Justice V Parthiban granted interim reduction and restrained the Civil Aviation Ministry from evicting the members of the Petitioner Union from their present lodging offered by Air India.

Additionally Learn: Large Scale Food Adulteration: Madras High Court Issues Directions For Food Safety Commissioner To Spread Awareness And Take Swift Action

5. IT Rules 2021: Madras High Court Restrains Coercive Action Against Digital Media Platforms Under IBDF [Indian Broadcasting & Digital Foundation v. Ministry of Electronics and Information Technology & Ors]

The Courtroom has restrained the Central Authorities from taking any coercive motion underneath the IT Guidelines 2021, in opposition to digital media platforms which might be members of the Indian Broadcasting and Digital Basis, together with Solar TV Community.

The event is available in a writ petition most popular by the Basis difficult the Code of Ethics in relation to digital media platforms underneath Half III of the 2021 Guidelines.

6. ‘Non-Application Of Mind, Impounding Over A Private Complaint Without Any Rhyme Or Reason’: Madras High Court On Impounding Of Leena Manimekalai’s Passport [Leena Manimekalai v. Regional Passport Officer, Susi Ganesan v. Leena Manimekalai]

The Courtroom has not too long ago ordered the discharge of filmmaker Leena Manimekalai’s passport impounded over the pendency of legal defamation proceedings in opposition to her.

A single-judge bench of Justice M. Dhandapani ordered the Regional Passport Workplace, Chennai to launch Manimekalai’s Passport inside one week on receipt of courtroom order.

Additionally Learn: Copyright Act: ‘Business Of Issuing Licenses Can Be Routed Only Through Copyright Societies U/S 33’; Madras HC Dismisses Suits Filed For Violation Of Licensing Rights

7. Alleged Corruption In Construction & Desilting Of Storm Water Drains: Madras HC Dismisses Plea For Constituting SIT To Prevent Misuse Of Public Funds [A.P. Suryaprakasam v. the Chief Secretary To Government Of Tamil Nadu & Anr]

In a public curiosity litigation filed for instituting a particular investigation workforce to forestall the legal misuse of public funds for building and desilting of drains in Chennai, Courtroom has dismissed the identical for need of readability.

A Division Bench of Justices T. Raja and D. Bharatha Chakravarty noticed that the petitioner has not listed within the illustration made to the Chief Secretary and Commissioner of Chennai Company in regards to the locations/ streets the place there’s water stagnation, and the place the dengue illness emanates from

8. Madras High Court Bats For Common Cremation/ Burial Grounds Without Caste Segregation, Suggests Penal Action Against Any Violation [B. Kalaiselvi & Anr.v. The District Collector & Others]

In a plea filed for assigning a everlasting burial floor for the members of Arunthathiyar Neighborhood, the Courtroom has not too long ago held that segregation of burial floor for a specific caste/ neighborhood can’t be endorsed by the Courtroom.

Additionally Learn: Sitting During Tamil State Song ‘Tamil Thai Vaazhthu’ Not Disrespect: Madras High Court On Kanchi Seer’s Conduct

9. Death Of Dalit Youth In Tamil Nadu: ‘Prima Facie Indicates Suicide, Investigation So Far Satisfactory’: Madras High Court Refuses Case Transfer To CBI [Suman Anand.S v. The State Of Tamil Nadu & Others]

The Madurai bench has refused to switch investigation on the dying of Dalit youth in Kanyakumari to Central Bureau of Investigation (CBI). Whereas announcing the order right this moment, the courtroom additionally famous that the proof collected prima facie signifies that the deceased dedicated suicide and the investigation accomplished by Bothapandi Police thus far is passable.

10. Encroachment Of Water Bodies: Madras High Court Summons TN Chief Secretary Over Inaction In Preparing The List Of Water Bodies Across The State

In a matter pertaining to the unlawful encroachments of water our bodies, the Madras Excessive Courtroom has come down closely on the involved officers for not complying with the earlier Excessive Courtroom Order for enumeration of water our bodies throughout the state.

The primary bench of Appearing Chief Justice Munishwar Nath Bhandari and Justice PD Audikesavalu was listening to a suo moto petition that was registered pursuant to the apex courtroom instructions in reference to the encroachment of water our bodies within the state and related issues.

Additionally Learn: Manual Scavenging: Madras High Court Directs State To Submit Report On Compensation Paid And Rehabilitation Measures Taken In Four Weeks

11. NCERT Withdrawing Transgender Children Inclusion Report Due To “Pressure Tactics” Unfortunate : Madras High Court [S. Sushma & Anr. v Commissioner of Police & Ors.]

The Courtroom has not too long ago expressed its dismay and anguish on the taking down of Nationwide Council Of Academic Analysis And Coaching (NCERT) Report on gender non-conforming and transgender youngsters from its Official Web site. The report titled ‘Inclusion of Transgender Youngsters in College Schooling: Considerations and Roadmap’ was taken down inside hours of its publishing, owing to exterior strain.

Rajasthan Excessive Courtroom

1. Rajasthan High Court Issues Notice On Plea Against Denial Of Physical Hearing By NCLT Jaipur Bench [Dalas Biotech Ltd. v. Farmasino Pharmaceuticals]

The Courtroom issued discover to the Jaipur Bench of the Nationwide Firm Legislation Tribunal (NCLT) whereas adjudicating upon an enchantment in opposition to an order of the NCLT refusing the petitioner’s request to permit bodily listening to.

Justice Ashok Kumar Garg was apprised by the counsel showing for the petitioner that the petitioner’s software for searching for bodily listening to of the case had been dismissed by the NCLT on the bottom that there isn’t any Normal Working Process laid down for bodily hearings with respect to the infrastructure and services out there on the Jaipur bench of NCLT.

Orissa Excessive Courtroom

1. Specify Steps Taken To Implement Manual Scavenging Prohibition Act In Letter & Spirit: Orissa High Court To State Govt [In Re: Deaths of Sanitation Workers]

The Courtroom has requested the State to file an affidavit specifying steps it has taken thus far to implement the Prohibition of Employment as Handbook Scavengers and their Rehabilitation Act (PEMSR Act), 2013.

The Bench of Chief Justice Dr. S. Muralidhar and Justice A. Ok. Mohapatra additionally sought to know from the Collector of Puri as as to if there’s consciousness among the many native inhabitants of the binding provisions of the PEMSR Act in addition to the Employment of Handbook Scavengers and Building of Dry Latrines (Prohibition) Act, 1993 (EMSCDLP Act).

Patna Excessive Courtroom

1. Liquor Syndicates In Bihar- Patna High Court Expresses Displeasure Over State Police Inaction, Issues Slew Of Directions

The Courtroom expressed its displeasure over Bihar Police’s inaction in opposition to liquor syndicates which might be thriving within the State of Bihar and has issued a slew of instructions in that regard.

Lately, the Bench of Justice Sandeep Kumar was listening to 3 bail pleas when it remarked that in all of the instances, an enormous quantity of illicit liquor and spirit has been recovered and nonetheless, the native police of these districts didn’t take any curiosity in arresting all of the accused individuals.

2. Plea Filed Before Patna HC Challenging Recruitment Process Of Department of Excise, Prohibition and Registration, Bihar Gov That Allowed Only CNLU Graduates To Apply [Anupam Prabhat Shrivastava v. State of Bihar]

A petition has been filed earlier than the Courtroom difficult the notification dated December 1, 2021 whereby 31 appointments had been made to the submit of Authorized Guide by the Division of Excise, Prohibition and Registration, Authorities of Bihar on the bottom that such a recruitment course of was discriminatory because it allowed solely regulation graduates from the Chanakya Nationwide Legislation College, Patna (CNLU) to use for the submit.

Additionally Learn: Patna High Court Starts Live Streaming Of Court Proceedings On YouTube

3. “Entire Dept Protecting Custodial Death Accused Police Personnel”: Patna High Court Denies Pre-Arrest Bail To Policeman [Arun Kumar v. State of Bihar]

Observing that all the police division is defending the police personnel who’re accused of inflicting the custodial dying of two individuals, the Courtroom rejected the anticipatory bail plea filed by a policeman accused within the matter.

The Bench of Justice Sandeep Kumar made this commentary because it famous that even if the custodial dying case is of the yr 2019, the accused police personnel had not been arrested.

Punjab & Haryana Excessive Courtroom

1. Recording Wife’s Telephonic Conversation Sans Her Knowledge A Clear-Cut Infringement Of Her Privacy: Punjab & Haryana High Court [Neha v. Vibhor Garg]

The Courtroom not too long ago noticed that recording of the telephonic dialog of the spouse with out her data is a clear-cut infringement of her privateness.

With this commentary, the Bench of Justice Lisa Gill put aside the order of a Household Courtroom permitting the husband to show the telephonic dialog between him and his spouse in a divorce go well with (U/S 13 of the Hindu Marriage Act, 1955) to make out a case of cruelty in opposition to his spouse.

2. Punjab & Haryana High Court Issues Notice On Plea Challenging Haryana State’s Law On 75% Job Quota For Locals In Pvt Sector

A petition difficult the vires of the Haryana State Employment of Native Candidates Act 2020 has been moved by the Faridabad Industries Affiliation (FIA) earlier than the Punjab and Haryana Excessive Courtroom.

It could be famous that the Haryana State Employment of Native Candidates Act 2020, which was notified on November 6, 2021, seeks to offer 75 % reservation for native candidates in personal sector jobs that supply a wage of lower than Rs 30,000 a month. The Act is scheduled to return into impact on January 15, 2022.

Uttarakhand Excessive Courtroom

1. Uttarakhand High Court Dismisses PIL Filed Against Use Of Siren By An MLA, His Family Members With ₹50K Cost [Umesh Kumar v. State of Uttarakhand and others]

The Courtroom dismissed a Public Curiosity Litigation (PIL) petition filed in opposition to using siren by a Member of Legislative Meeting of the State and his members of the family with 50,000/- price.

Primarily, the petitioner, one Umesh Kumar had filed the moment PIL aggrieved by way of siren by a Member of Legislative Meeting of the State (a sitting MLA, who was elected within the yr 2017) and his members of the family.

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