June 2016, Legal Updates

June 30, 2016

#Case involving gangsters deferred

A Mumbai Sessions Court heard arguments in a case against gangster Santosh Shetty, Rajesh Chaturani and Anil Chander. Businessman Gopal Dediya and his son Munish accused Shetty and the others of extortion. The defence pleaded that it was a dispute over commission. The case has been adjourned to July 4, 2016.

#Petition on Kohinoor diamond examined

Kohinoor, Kohinoor diamond, Kohinoor England, Kohinoor british, Kohinoor war, Kohinoor news, Kohinoor india

The Supreme Court ordered today that a petition seeking directions to the Centre to bring back the Kohinoor diamond should be listed along with a similar pending petition. The case heard today was that of Heritage Bengal and Anr vs. Union of India and Ors. It was heard by the bench presided over by the Chief Justice of India.

#Sheena Bora Case: driver’s statement to be given to accused

In a hearing of the Sheena Bora murder case before the Bombay High Court today, the court directed that driver Shyamvar Rai’s statement under Section 164 CrPC be provided to the other three accused in the case. Earlier, the driver had turned approver in the case.

#Singer Ankit Tiwari unable to attend court

Singer Ankit Tiwari could not present himself before a Special Women’s Sessions Court in Mumbai today. Advocate Mahesh Vaswani who represented the singer presented medical reports to the court citing that Ankit was unwell. Tewari was accused of rape by a former girlfriend.

#Lawyers challenge service tax imposition

In a matter before the Supreme Court in which the imposition of service tax on lawyers has been challenged, the Court gave the Union of India time to file a counter affidavit.

In this case, PC Joshi vs Union of India and ors, the High Courts (HCs) of Gujarat, Delhi and Calcutta had granted a stay on payment of service tax by lawyers. The Central Board of Excise and Customs which is the authority controlling the levy of service tax, had appealed to the Supreme Court to vacate the stays granted by these High Courts.

#Supreme court gives more time to state bar councils for verification of advocates

In Ajayinder Sangwan vs Bar Council of Delhi and Ors case, the Supreme Court today permitted three months time for advocates to submit their verification forms to the bar councils. Bar councils have commenced a verification drive in which lawyers are required to submit proof that are active in legal practice.

Earlier, the Supreme Court’s Advocates on Record Association had approached the apex court for exemption from verification on the ground that they take a special exam after which a proper verification of their credentials is done. While earlier they received exemption, this exemption was later withdrawn. The current position is that the withdrawal of exemption has been stayed while the Supreme Court looks into the matter.

#Noida residents challenging toll on DND gets a ‘no’ from Supreme Court

The Supreme Court refused to interfere in a matter pending before the Allahabad High Court in which the Federation of Noida Residents Welfare Association had challenged the payment of toll on the DND flyway. The Supreme Court has directed the Allahabad High Court to dispose off of the PIL within three months.

In the Federation of Noida Residents Welfare Association vs Noida Toll Bridge Company Ltd and Ors heard by the Supreme Court today, the petitioners contended that the petition was still pending before the Allahabad High Court . According to the petition, the High Court has not granted them a stay on the payment of toll.

#Apex Court to hear AoRs’ plea

The Supreme Court will be hearing an impleadment application filed by Supreme Court Advocates on Record Association (AoRA) challenging the alleged “unilateral withdrawal” of exemption granted to AoRs from filing verification forms.

#Supreme Court will hear a PIL on illegal construction activities

The Supreme Court will hear a PIL filed by Rural Litigation and Entitlement Kendra. The petition seeks a break on various construction activities in the Doon Valley, Dehradun as it causes serious damage to the environment.

#Plea on equal status to disabled to come up before Bombay HC

Bombay High Court will hear a petition on the rights of the disabled. The petitioner has contended in the petition that equal opportunities should be given to disabled person in military referring to Equal Opportunities, Protection of Rights and Full Participation Act.

June 29, 2016

#SC okay with diesel vehicles, but with a cess

The Supreme Court in MC Mehta vs Union of India said on Wednesday that the court is amenable to allowing registration of diesel vehicles, subject to a cess being charged. The Chief Justice of India, TS Thakur, stated that a road map shall be given, and in the larger public interest, suggestions shall be made by manufacturers regarding testing of emissions. The CJI also made it clear that the court had nothing against the manufacturers.

#Bombay High Court unhappy with Rabia

The lawyer representing Rabia Khan in the Jiah Khan suicide case sought an adjournment in the Bombay High Court on Wednesday. The lawyer pleaded that as Rabia was not in town the rejoinder in the case couldn’t be filed. The court, however, was displeased with repeated adjournments sought by Rabia’s counsel.

#Ahmedabad court dismisses plea on book ban

An Ahmedabad court refused to ban a book, “Feku Ji Have Delhi Ma” (Feku is now in Delhi), on the ground that it made fun of the promises made by Prime Minister Narendra Modi during his Lok Sabha campaign in 2014. The court held that the comments were the “personal opinion” of the author Jayesh Shah, and banning the book on that basis would go against the right to freedom of expression enjoyed by him.

The petitioner, Narsinhbhai Solanki, had alleged that the book “offended” his sentiments and showed the prime minister and his government in poor light.

The court, however, held that the book was in no way a threat to the unity and sovereignty of India—the prime reason for banning it.

The plea was dismissed and the author and publisher were given the go-ahead to sell the book.

#Hearing on Triple Talaq pleas deferred to September 6

The Supreme Court deferred the hearing on Triple Talaq petitions to September 6. It also observed that the court would have to determine whether it could adjudicate on Muslim personal laws in case it was found that these infringed upon the fundamental rights.

It asked the center to respond to petitions within six weeks.

Earlier, a suo motu writ petition had been registered by the Supreme Court for considering the rights of Muslim women on marriage, divorce and maintenance and whether the current practices under the Muslim Personal Law regarding marriage, divorce and maintenance, were violating Part III of the constitution.

A petition had also been filed by Shayara Bano alleging that the practices of Talaq-E-Bidat, Nikah-Halala and polygamy under the Muslim Personal laws were illegal and unconstitutional. The petitioner sought an order from the court to provide a life of dignity to Muslim women.

An interim application was also filed by the Bhartiya Muslim Woman Morcha seeking that the All India Muslim Personal Law Board be restrained from giving statements in the media as it was spreading rumours.

#Affidavit sought in IFCI case

In a petition against the Industrial and Finance Corporation of India (IFCI), the Supreme Court granted two weeks time to the Solicitor General of India to file an affidavit stating what action had been taken by the reconstituted board of IFCI and the Ministry of Finance.

Prashant Bhushan, appearing for the petitioner, had stated that the report from the Registrar of Companies (ROC) found irregularities under the Companies Act. Bhushan submitted that the ROC would itself lodge a prosecution in this regard. As there were allegations of fraud also, Bhushan submitted that the Reserve Bank of India would be impleaded. As of now, they were not a party to the case.

The Solicitor General stated that according to the Union of India’s affidavit filed on March 1, 2015, IFCI was inspected by the inspection officer and his report was that business was not being conducted on sound principles by the company. Accordingly, the board of IFCI was reconstituted.

The Solicitor General sought time to file an affidavit as the matter had been referred to the Ministry of Finance.

#WhatsApp case dismissed

The Supreme Court on Wednesday dismissed the PIL against WhatsApp and other messenger services with end-to-end encryption filed by RTI activist Sudhir Yadav. The court pointed out that if Yadav was worried about national security (as mentioned in his petition), he should go to the concerned department. The petitioner had appeared in person.

#Notice issued to Punjab Technical University

The Supreme Court today issued notice to Punjab Technical University in RD Anand vs Punjab Technical University and Anr, and will look into the matter. The case is related to a decision taken by the Punjab Technical University wherein it admitted some students directly into the second semester of B Tech, MBA and MCA courses from December 2012 to January 2013.

The course had started in August 2012. Therefore, the university had decided that the students admitted in the December 2012 to January 2013 period would commence studies in the second semester along with the students who had been admitted in August 2012. The university decided that the students would cover the first semester course during the summer break after the second and fourth semester courses were over.

#SC refers Section 377 petition to CJI court

The first order in the much-awaited challenge to Section 377 filed by a group of leading citizens, who are members of the gay community in India, was issued by the Supreme Court today. The court held that they could not hear it before the decision in the already pending curative petition filed by the Naz Foundation on the same subject was heard.

They ordered that this fresh petition, Navtej Singh Johar and others vs Union of India by well-known citizens, Chef Ritu Dalmia, hotelier Aman Nath, business executive Ayesha Kapur, journalist Sunil Mehra and dancer N S Johar should be sent to the court of the chief justice of India as he is hearing the curative petition by the Naz Foundation. Earlier in February 2016, the court had ordered that the petition by the Naz Foundation be heard by a constitution bench.

#SC gives states chance to file compliance reports on safety

The Supreme Court on Wednesday gave one last opportunity to state governments to file reports of compliance in Avnish Mehrotra vs Union of India and Ors. A petition was filed after the fire tragedy in a Kumbakonam school in 2004 in which 93 children were burnt alive. The petition sought the implementation of safety measures in schools to prevent such tragedies. The apex court has also directed the center to file a comprehensive report in four weeks when the matter will again be heard.

In April 2009, the Supreme Court had directed that safety measures as prescribed by the National Building Code of India, 2005 be implemented by all government and private schools functioning in the country. The court had also directed that before granting recognition or affiliation, the concerned state government and UTs must ensure that the buildings are safe and secure from every angle and they are constructed according to the safety norms incorporated in the National Building Code of India.

June 28, 2016

#Bombay High court to take up Haji Ali Dargah case

The Bombay High Court will pronounce its verdict on the entry of women in the sanctum sanctorum of the Haji Ali Dargah today. The High Court is hearing a PIL filed by several women activists urging the court to lift restrictions imposed on the entry of women by the Haji Ali Dargah Trust. The state government had in February said before the Bombay High Court that unless the Dargah Board is able to prove that the ban is part of their religious practice with reference to the Quran, women should be allowed to enter the sanctum sanctorum of Haji Ali.

#Bribery conviction for former Virginia governor reversed

Former Virginia Governor Bob McDonnell was given a clean chit on bribery charges in a corruption case. The US Supreme Court in a recent ruling reversed the bribery conviction of McDonnell. McDonnell and his wife were convicted of taking gifts and loans from a businessman in exchange for promoting his company’s dietary supplement.

#Transgender marriages legal in Islam: Pakistani clerics

A group of clerics in Pakistan has in a religious diktat announced that transgender marriages are legal in Islam. They also deemed that trangenders should have the right of inheritance and funeral under the Islamic law.

#Two Telangana judges suspended on disciplinary grounds

The High Court of Judicature at Hyderabad suspended two judges K Ravinder Reddy and V Varaprasad for violating code of conduct. The judges took part in the protest by Telangana state judges, demanding the division of the existing Hyderabad High Court and the immediate recall of provisional allocation list for judicial officers between Telangana and Andhra Pradesh. Over 139 judges, including senior civil judges, district judges and junior civil judges from 10 districts from Telangana took part in the protest on June 26. Reddy is also the president of the Telangana Judicial Officers’ Association and Varaprasad holds the post of general secretary in the association.

#Pak SC to pronounce verdict on military tribunals

The Pakistan Supreme Court is expected to pronounce its judgment in a case accusing secret military tribunals of violating the rights of civilians. The tribunals were set up after the terrorist attack on an army-run school in Peshawar. Many children were killed in the attack.

The tribunals have convicted 81 people so far and sentenced 77 of these to death. Around 27 convicts have filed appeals with civilian courts alleging coercion and abuse. Twelve cases have come up before the Supreme Court and it is in these cases that the court is expected to give a judgment.

#NIA special court to pronounce bail plea verdict of Sadhvi Pragya

Malegaon blasts (2008) accused Pragya Singh Thakur’s bail plea verdict is expected today by the National Investigation Agency special court today. Sadhvi’s bail plea hearing was adjourned last week after which the court had fixed the date of June 28.

#Supreme Court to hear a petition seeking dignity of life

Suprme Court 1

The Supreme Court will hear a petition on the right to live with dignity today. The case pertains to patients of mental hospital, Bareilly. The petition seeks that 55 patients of the hospital who are totally cured should be sent back home to live the life of dignity.

June 27, 2016

#Allahabad High Court to hear policemen’s petition

Allahabad High Court will hear a petition challenging the suspension of six policemen of Kitganj police station, Allahabad. They had been suspended for implicating a trader in a false case.

#Chennai court to decide a case of Producer

A Chennai court, Tamil Nadu will hear a case against Bollywood Producer, Firoz A Nadiadwala in connection with a cheque bounce case. Earlier, the court had issued arrest warrant against Nadiadwala and had directed the Mumbai to arrest Nadiadwala and produce him before the court on June 27.

June 26, 2016

#CourtsThisWeek

#Adani’s Australia project faces legal hurdle

The $21.5-billion project of Adani Mining in Australia has hit a legal roadblock. A community group has asked the Queensland Supreme Court to examine the Queensland government’s decision to ratify the Abbot Point Terminal expansion. The community has pleaded for a hearing on the issue to find out if the environment department went by legislative tests while giving a green signal to the expansion.(25/06/2016)

#Bombay High Court directs railways, BMC on foot over bridge

The Bombay High Court today directed the Brihanmumbai Municipal Corporation and the railways to carry out a fresh inspection in order to find out the possibility of a foot over bridge (FOB) at Sandhurst Road in south Mumbai. The court asked the authorities to submit the report on July 4. The issue had come up before the court after several accidents happened while crossing the railway tracks at the site.(24/06/2016)

#Bombay High Court extends stay on framing of charges against Sameer Gaikwad

The Bombay High Court today put on hold the framing of charges against Sameer Gaikwad, the accused in the Govind Pansare case. The court said it needs more time as the prosecution is expecting a forensic report from the UK. Earlier, the high court had directed a Sessions court in Kolhapur to postpone framing of charges against him.(24/06/2016)

#Family court dismisses 43 cases in single ruling

In a single order, a family court in Chennai has dismissed 43 matrimonial cases with compromise memos. The 10-line common order has flummoxed lawyers specializing in divorce, maintenance and child custody.(24/06/2016)

#Hyderabad High Court halts road construction

According importance to environmental norms, the Hyderabad High Court put on hold road construction in the Krishna Wildlife sanctuary on Wednesday. In an interim order, it directed the Andhra Pradesh government and the concerned authorities to stop work with immediate effect. The plea against road construction had come from a person belonging to the Hyderabad Tiger Conservation Society.(23/06/2016)

#Nissan to sue Leave Campaign in Britain over Brexit

Japanese carmaker Nissan is likely to move the London High Court over false claims being made on its behalf by the Vote Leave campaign in Britain.

According to reports in the international press, Nissan’s name and logo was used in Leave Campaign leaflets along with other major automakers, with a statement saying they will all stay in the UK irrespective of the result of the referendum on June 23. Nissan wants UK to remain in the EU.

The automaker announced that it was taking legal action against the Voice Leave Campaign for spreading such a canard. It alleged that the campaign did not seek its permission before using the name and logo.

Chief Executive and chairman of Nissan, Carlos Ghosn, had made it clear in a statement last February that although Nissan would welcome Britain’s decision to stay put in the EU, it was for the British people to decide their future.

Nissan has around 80,000 people on its rolls in the UK.(22/06/2016)

#ED seizes shares of companies in Augusta scam

The Enforcement Directorate (ED) has attached shares worth Rs 86 crore belonging to three companies from Singapore, Mauritius and Dubai, in connection with the Agusta Westland VVIP chopper scam. The foreign entities had invested in Indian companies linked to the scam.(21/06/2016)

#CBFC again courts controversy; refuses to certify Malayalam film

Censor board troubles do not seem to die down as a new Malayalam film Kathakali has been refused a certificate, following which the makers have moved court against the board’s directive. The makers of Malayalam film Kathakali, directed by Saijo Kannanaikkal, along with other filmmakers of the Film Employees Federation of Kerala (FEFKA), protested outside the Central Board of Film Certification’s (CBFC) regional office today against the board’s decision to not certify the film. The fresh controversy surrounding Kathakali has brought the debate on film censorship to the forefront again following the recent controversy when the movie Udta Punjab caught in the same rigmarole. (20/06/2016)

#Supreme Court refuses to stay culling of animals

The Supreme Court did not put on hold the center’s order on culling of Nilgai and Wild Boar in Bihar and Uttarakhand, and monkey in Himachal Pradesh. It also did not issue any interim order on the matter, which will now be taken up on July 15. The court, however, permitted the activists, who had filed a PIL on the issue, to make representations to the central government and state governments. (20/06/2016)

June 25, 2016

#Adani’s Australia project faces legal hurdle

#UN human rights experts deride punishment to artists in Iran

Human rights experts from the United Nations have shown concern at the imprisonment and slapping of heavy fines against three artists in Iran, earlier this month. According to a UN press release, they were held guilty for “insulting Islamic sanctities, propaganda against the State and for conducing illegal activities in the audiovisual affaires”. The experts have demanded immediate release of the artists and called for dropping all charges.

#Maldives top court awards death penalty killing an MP

The Maldives Supreme Court has handed out death sentence to a man who was involved in the murder of former Maldivian MP Dr Afrasheem Ali. The man, identified as Hussain Humam Ahmed, could become the first person to be executed in the Maldives in the last 50 years. According to the Maldivian law, Ahmed could evade the execution only if Afrasheem Ali’s family pardons him. Ali, an MP for the ruling Progressive Party of the Maldives, was stabbed to death outside his home in 2012.

June 24, 2016

#Bombay High Court directs railways, BMC on foot over bridge

#Bombay High Court extends stay on framing of charges against Sameer Gaikwad

#Family court dismisses 43 cases in single ruling

#US Supreme Court blocks Obama’s immigration policy

US president Barack Obama’s immigration policy failed to get a clearance from the US Supreme Court as it remained deadlocked on the issue, with a 4-4 ruling. This effectively means that it will not go through and the matter is likely to be taken up again by the lower court. The judicial impasse is likely to affect more than 4 million unauthorized immigrants in the US.

#Gaya court to decide on bail plea of Rocky Yadav

The bail plea of accused Rocky Yadav and Teni Yadav in the Aditya Sachdeva murder case will be heard today in the Gaya Court. The hearing was adjourned earlier as the case diary was not presented in the court. Aditya, son of a suspended JD(U) legislator Manorama Devi, was shot dead by Rocky.

#Bombay High Court to hear Pankaj Bhujbal’s plea

The Bombay High Court will hear a petition by NCP leader Pankaj Bhujbal, challenging a non-bailable warrant issued against him by the PMLA court on money laundering charges in the Maharashtra Sadan Scam case.

#Bombay High Court to hear PIL on RBI

The Bombay High Court will hear a PIL pertaining to the printing of currency notes by the Reserve Bank of India. The petition questions the procedure followed by the bank in printing certain category of currency notes. It claims that there is immense possibility of illegal duplication/fabrication in the procedure.

June 23, 2016

#Bombay HC seeks response on DRT

The Bombay High Court today asked for a response from the Ministry of Finance on shifting the Debt Recovery Tribunal (DRT), Mumbai, into new premises. The court asked the ministry to respond.

#Hyderabad High Court halts road construction

#PIL already filed in phone tapping case

There could be a new twist in the entire controversy generated over the illegal phone tapping of ministers, top businessmen and senior bureaucrats, as alleged by lawyer Suren Uppal. According to a report in India Today, a PIL was already filed on the issue in the Supreme Court in 2014 by an NGO. And what is most significant is that the evidence submitted by the NGO matches exactly with those presented by Uppal. According to the story, the PIL was, however, not taken forward.

#JustIn

#UdtaPunjab: Accused Dipak Kumar given bail, he was arrested under copyrights act and IT act which are bailable offenses.

#MalegaonBlasts2006: The Maharashtra Government, last day, challenged the release of 8 accused in the case.

#UshaDeviMurderCase: Allahabad High Court to hear the bail petition of 4 accused in Usha Devi murder case. She was killed for dowry.

#ISISSympathiser: NIA custody of ISIS sympathiser, Mohsin Sheikh to end today. A special court in Mumbai had earlier directed him the custody. Sheikh and two others had gone missing in December last year and was arrested in Delhi in February this year by the local police. The case was then transferred to NIA, Mumbai and a local court issued production warrant against him, after which he was brought to Mumbai.

#DadriLynchingCase: A Noida court likely to hear today the petition filed by villagers of Bishara seeking FIR against the family of Mohammad Akhlaq.

June 22, 2016

#Nissan to sue Leave Campaign in Britain over Brexit

Japanese carmaker Nissan is likely to move the London High Court over false claims being made on its behalf by the Vote Leave campaign in Britain.

Nissan has around 80,000 people on its rolls in the UK.

#JustIn

#MahamandalScam: Today NCP MLA Ramesh Kadam was presented in front of the Anti Corruption Bureau of Mumbai Sessions Court with a request to travel to Delhi Tribunal Court as he has to be there on 23^rd June, to present himself against a case on property attachment worth Rs 130 crore. Ramesh Kadam was in judicial custody with regards to Annabhau Sathe Mahamandal Scam. Advocate Rizwan Merchant asked the court to allow his client to travel by air, as his train ticket which was of today, got delayed and he won’t be able to travel by train. However, Mumbai Local Arms(LA) unit permission is required for Ramesh Kadam to travel airways as arms are not permissible in plane as per rule. Matter to be heard afternoon today.

#BrihanmumbaiMunicipalCorporation: The Bombay High Court today slammed the BMC for not complying to its order to demolish illegal construction in north Mumbai. The court said “you have not taken any action despite there was a clear order passed by the court to demolish the construction”. The High Court directed the BMC to file additional affidavit regarding the action taken by them by July 27, asked them to comply with its order as well.

June 21, 2016

#JustIn

#HemaUpadhyayMurderCase: The bench adjourns hearing on petition challenging the transfer of murder case of Hema Upadhyay and her lawyer till next week.The petition challenged transfer of the murder case from Kandivali to Ghatkopar police station as recommended by Mumbai Commissioner. The petition claimed that Kandivali police was probing the case in right direction and the order of transfer is motivated.

#Morning and evening family courts in Gujarat

Morning and evening family courts in Ahmedabad, Vadodara and Surat will hear cases from couples, beginning July 1, the Gujarat High Court ruled. The Court thus approved a state law department’s proposal in this regard. According to the Court’s order, Morning courts will function on Mondays, Tuesdays and Wednesdays while other days of the week are reserved for the evening courts.

#Bombay High Court acquits a man slapped with Section 498 A

A man was ruled “not guilty” and set free by the Bombay High Court recently in a case of Section 498A (woman being subjected to cruelty by her husband or his relatives) of the IPC. He was earlier charged under Section 306 of IPC (abetment to suicide) as well as Section 498A. Later, the trial court held him guilty only under Section 498A for harassing his wife for money and even sentenced him to three-year rigorous imprisonment with a fine. The verdict was then challenged in the apex court.

#Evidence through unlawful means is acceptable, says US Supreme Court

In a significant ruling, the US Supreme Court has said that evidence gathered by the police through “illegal means” against a suspect in order to nail him as accused is “acceptable” and the courts should not shun it. It rejected a verdict of the Utah Supreme Court, which did not consider evidence gathered “unlawfully” in a drug-possession case.

#Can’t frame charges on a police chargesheet

A trial court can't frame charges against someone just on the basis of chargesheet filed by the police, the Madhya Pradesh High Court has ruled. It has clarified that the trial court must mention the “basis” on which it arrived at such a decision. The Court made this observation in Ramnaresh & Ors vs State of MP, while referring to various Supreme Court judgments on the matter.

#ED seizes shares of companies in Augusta scam

#No felling of trees in KBR Park, says Hyderabad High Court

Not a single tree will be felled inside the KBR Park in Hyderabad, Telangana, the Hyderabad High Court has ruled. The court’s response came on a PIL filed by environmentalist K Purshottam Reddy.

#US Supreme Court rejects EU charge

The US Supreme Court has supported RJ Reynolds Tobacco Company in a lawsuit. The European Union and its 26 member-states had filed the lawsuit in the top court, claiming that the company was involved in a money laundering operation and they were losing on customs and tax revenues. The Court ruled that no legal action could be initiated against the company under the federal Racketeer Influenced and Corrupt Organizations Act.

#US Supreme Court upheld state gun laws

The US Supreme Court did not hear a challenge to the Connecticut law that bans many semi-automatic rifles. According to the law, enacted in 2013, selling or possessing firearms, classified by many as “assault weapons” is a crime. The court’s decision is being considered part of a tradition in which the judiciary has been supporting gun control laws in general.

#JustIn

#SalmanKhan: Remark of preparing for Sultan, after every grueling he felt he was ‘raped’ has got him into trouble. National commission for women has demanded apology from Salman Khan over his ‘raped’ remarks. Also, many have questioned the journalists present who didn’t object but were heard giggling.

#DavidHeadly: Recall application of Adv. Wahab Khan to cross question on 26/11 case has been adjourned till 5th July.

June 20, 2016

#CBFC again courts controversy; refuses to certify Malayalam film

#UK advocates – making a beeline to practise in Ireland

A record number of British solicitors are registering to practise in Ireland over fears of a vote to leave the EU, the Law Society of Ireland (educational, representative and regulatory body of the solicitors’ profession in Ireland) has revealed. An unprecedented 186 lawyers in the UK have been admitted to practise in Ireland in the first six months of 2016 while in the whole of last year, 101 applied to take cases in the Irish Republic. In 2014, the number was 51.

#Divorce fee increase is ‘unjustified’, says UK committee report

Excessive court fees impose an unjustified tax on divorce, deny refugees the opportunity to establish asylum rights and prevent employees with legitimate grievances from obtaining justice, a report by Justice Select Committee (the body which examines the expenditure, administration and policy of the Ministry of Justice and associated public bodies) has concluded.

The justice select committee called for some charges to be rescinded as it dismissed “superficial” government excuses for failing to provide evidence to justify successive steep rises. The parliamentary group acknowledged that Ministry of Justice’s finances had not been ring fenced from austerity but warned that access to justice must be prevail over “cost recovery”.

#High Court of Kerala gives instructions on pre-arrest bail

The High Court of Kerala has ruled that an accused who had been granted pre-arrest bail, cannot be remanded to judicial custody. The court further held that the bail thus obtained, shall remain in force unless the same is cancelled by the court which granted it or by a higher court.

#Supreme Court dismisses SLP of a 92-year murder convict

The Supreme Court has dismissed a plea of a 92-year murder convict, seeking exemption from surrendering before police. The Supreme Court dismissed the Special Leave Petition filed by the convict against the judgment by Lucknow bench of Allahabad High Court which had upheld his conviction by the trial court. The incident is related to an ‘honour killing’ which happened in the year 1980 in the Unnao district in Uttar Pradesh. The Trial court had convicted three persons in the murder. All of them were sentenced by the trial court for life imprisonment.

#Rehab of 500 exotic birds, animals; Bombay High Court takes note

The conservator of forest (wildlife) has urged the Bombay High Court to decide on the fate of around 500 exotic birds and animals rescued by the police. Earlier, conservator MM Kulkarni was asked by the court to give a report on two NGOs that have the required facilities to rehabilitate birds/animals. In his affidavit filed before the high court, Kulkarni stated that a team of experts visited two NGOs – Animal Rescue and Rehabilitation Centre in Katraj and Myvets Charitable Trust and Research Centre in Panvel – and checked their facilities, which were found to be good enough to house the rescued birds and animals.

#Supreme Court refuses to stay culling of animals

#JustIn

#SheenaBora: Mumbai Sessions Court to decide on whether to turn driver Shyam Rai as approver in the murder case.

#JatAgitation: Punjab & Haryana High Court likely to hear case on Jat reservation. Previously, Justice Amit Rawal denied to hear the case.

#HarishRawat: Uttarakhand High Court likely to hear CM Harish Rawat’s CD case today. Rawat had filed a petition to quash the CBI investigation against him and to put stay his arrest.

June 19, 2016

#CourtsThisWeek

#Quantum of sentence announced in Gulbarg Society massacre case

The quantum of sentence for the 24 convicts in the Gulbarg Society massacre case was finally pronounced today by the special SIT court. It awarded life imprisonment to 11 convicts, 12 others were sent to jail for seven years, while one was sentenced to ten years imprisonment. On June 2, the court had convicted 11 persons for murder and other offenses, while the remaining 13 others were charged with lesser offences. Sixty nine people, including former Congress MP Ehsan Jafri, were killed in the Gulbarg Society massacre.(17/06/2016)

#Gujarat High Court allows abortion beyond permissible limits

A 14-year-old rape survivor has been allowed by the Gujarat High Court to terminate her 22-week pregnancy. The High Court contented that the abortion was in the “best interest” of the teenager. The survivor had filed a petition for abortion on the ground of her tender age. She had stated in the petition that continuing the pregnancy would have dire consequences on her health and well-being. According to the Medical Termination of Pregnancy Act, abortion is ruled out beyond 20 weeks of pregnancy.(17/06/2016)

#Jiah Khan committed suicide, says CBI to Bombay High Court

In a significant development in the Jiah Khan Suicide case, the CBI has come to the conclusion that she killed herself. The central agency told the Bombay High Court that her death was caused by “suicidal hanging” and there were “oral, documentary, scientific and cyber forensic evidences” to support its claim. The CBI was replying to a petition filed by Jiah’s mother, Rabia Khan, who had sought a SIT probe into the case. The court directed Rabia Khan to file her response to the CBI’s stand within two weeks. (16/06/2016)

#Supreme Court gives clean chit to Udta Punjab

The makers of Udta Punjab got a major relief today as the Supreme Court refused to stay the release of the film on June 17. The apex court was hearing a plea filed by the Punjab-based NGO, Human Rights Awareness Association. The NGO wanted the court to stop the release of the film, which focuses on the widespread drug menace in the state.(16/06/2016)

#SIT recovers cash and gold from Bacha Rai’s house

A Special Investigation Team recovered gold worth Rs 20 lakh from Bacha Rai’s (the alleged kingpin in the Bihar intermediate toppers’ scam) residence in Vaishali, Bihar. Cash worth Rs 1.32 lakh, along with some documents were also found in Rai’s house. Earlier on June 11, police had arrested Rai after he surrendered.(16/062016)

#Amazon India moves court against entry tax

E-commerce platform Amazon India has moved the Gujarat High Court against an entry tax that Gujarat has levied on goods purchased through e-commerce portals and delivered from outside the state. Amazon is challenging the definition and the very concept of this tax which was imposed in March. Flipkart has already filed a case in the same court against the tax. India’s booming e-commerce business has lately been impacted by entry taxes levied by a number of states, including Uttar Pradesh, Assam, Odisha, Uttarakhand, Rajasthan, West Bengal, and Mizoram.(16/06/2016)

#AAP gears-up for a legal fight over Parliamentary Secretaries

The Aam Aadmi Party is bracing up for a legal fight in case its 21 MLAs, appointed as Parliamentary Secretaries, are disqualified by the Election Commission. The President had recently rejected an amended Act, related to members of the legislative assembly from the Delhi government. The amended ACT had exempted Parliamentary Secretaries from the “office of profit” criteria.(16/06/2016)

#High court judges’ appointment on hold

Despite all the hue and cry over filling vacancies in Indian courts, the Supreme Court Collegium is yet to act on the Law Ministry’s recommendations for appointment of high court judges. According to sources, as many as 60 names have been referred to the Collegium, but it is yet to meet and decide, as the judges are on summer vacation from May 16. As it is, there is a high rate of vacancy in high courts. The high court collegiums had sent 170 names to the ministry, out of which it zeroed in on 60 names.(16/06/2016)

#Bombay High Court to continue hearing bail plea against Sadhvi Pragya

The Bombay High Court will continue hearing arguments on the “intervening plea” by Sayyed Ahmed Bilal (intervener) opposing Sadhvi Pragya’s bail plea in the 2008 Malegaon bomb blasts case. On Wednesday, Bilal had moved three intervening applications—one against Pragya and two against Pravin Takalki and Sudhakar Chaturvedi, who are also accused in the case.(16/06/2016)

#Allahabad High Court to hear Habeas Corpus appeal for Tiwari

The Lucknow Bench of the Allahabad High Court will hear a Habeas Corpus petition on the arrest of Hindu Mahasabha, leader Kamlesh Tiwari. Tiwari has been in the news for his alleged communal remarks against Muslims community.(16/06/2016)

#Madras High Court asks for status report on an engineering student’s death

The Madras High Court has directed the police to file by July 12 a status report on the “suspicious” death of a student from an engineering college in Tamil Nadu. The college is run by the relatives of actor-turned-politician and DMDK party chief Vijaykant. The father of the boy filed a plea seeking a probe by CB-CID, a special investigation wing of Tamil Nadu, into his death.(15/06/2016)

#Supreme Court to hear PILs on culling of animals

The PILs against declaring Nilgais, Wild Boars and Monkeys as “vermin” (equating them with rats and pests) will be heard by the Supreme Court. The petition was filed against the three central government notifications to cull Nilgais, Wild Boars and Monkeys in Bihar, Uttarakhand and Himachal Pradesh on the ground that they damage crops and property. Animal rights activist Gauri Maulekhi and Wildlife Rescue and Research Centre (WRRC) had filed the two PILs.(15/06/2016)

#Bombay High Court to take up plea against Shariat laws

The Bombay High Court will hear a petition from Nazir Noor Ali Jariya against the All Indian Muslim Personal Law Board. The petitioner has challenged the functioning of Darul Qaza (Shariat Court), stating that it has no legal backing.(15/06/2016)

#Domestic Violence Act not applicable after divorce

The Punjab and Haryana High Court has held that a complaint filed by a woman under the Domestic Violence Act is not maintainable after she has been divorced. The Court clarified that there should be no “domestic relationship” between a husband and a wife at the time of filing the complaint. (14/06/2016)

#Allahabad High Court rejects CBI probe into Mathura violence

There will be no CBI probe into the Mathura violence, the Allahabad High Court has ruled. The Lucknow Bench of the court quashed a PIL on the matter. It was filed by a BJP leader. The PIL wanted either a CBI investigation or an SIT probe into the clash at Jawahar Bagh that claimed 29 lives.(14/06/2016)

#Gujarat High Court reserves verdict on Hardik’s bail

The Gujarat High Court has reserved its order on the bail plea of Patel quota agitation leader Hardik Patel. Pressing for his bail, Hardik’s counsel even put forth a condition to keep Patel out of Gujarat six months. The prosecution, however, rejected the proposal on the ground that Patel could still arouse the sentiments of his community in the state through social media. It also warned that Patel’s release may endanger law and order in Gujarat.

Both the parties have finished their arguments in court.

Patel is in jail since last year and has been slapped with two sedition cases. He was arrested for the violent agitation by his community in Gujarat.(14/06/2016)

#Legal proceedings against Unitech

A local court in Delhi has ordered commencement of legal proceedings against real estate major Unitech and its seven top bosses, including chairman and managing directors.

The ruling came after a complaint was filed by Gurgaon resident Paramvir Singh Narang. He alleged that the company did not hand over a flat he had booked in Greater Noida, way back in 2006. He further alleged that according to the agreement, Unitech was to give possession in April 2008. He also informed the court that he had already paid a total sale consideration of Rs 39.07 lakh.

The court ruled that they were all guilty under Section 420 of IPC for cheating, and observed that their intentions were doubtful.(14/06/2016)

#PMLA court declares Mallya a “proclaimed offender”

In a significant and moral victory for the Enforcement Directorate (ED), a special PMLA court in Mumbai declared Vijay Mallya a “proclaimed offender”. The tag mandates that Mallya must appear in person at a fixed place and time within 30 days.

The proclaimed offender’s tag will also help ED in making a strong case for Mallya’s extradition from the UK.(14/06/2016)

#US Supreme Court stands by Obama regulation

The US Supreme Court has refused to interfere with a major environmental regulation brought in by the Obama administration. It did not entertain an appeal from 20 states to block rules that limit the emission of mercury and other harmful pollutants that are by-products of burning coal.(14/06/2016)

#“I am guilty without trial”, bemoans Mallya

Liquor baron Vijay Mallya, who is facing charges for non-payment of loans from banks, said that he has been held “guilty without trial”. He blamed probe agencies for pursuing a heavily-biased investigation against him. “Purely civil matters such as loan recovery are being connected with criminal allegations without any basis whatsoever,” said Mallya.(13/06/2016)

#ISIS suspects denied bail by a NIA court

Five suspected ISIS operatives, arrested for allegedly plotting a terror strike during the Ardh Kumbh at Haridwar, were today denied bail by a National Investigation Agency court. The court observed that it was not a fit case for bail. According to NIA, all five suspects—Mohd Azeemushan, Mohd Mehraz, Mohsin Ibrahim Sayyed, Mohd Osama and Akhlakur Rehman—were found to have links with a former Indian Mujahideen terrorist, who later went to fight for ISIS.(13/06/2016)

#SIT to re-open 75 cases of anti-Sikh riots

According to the Ministry of Home Affairs, the Special Investigation Team (SIT) formed by the centre in 2015 has decided to re-open 75 cases related to the 1984 anti-Sikh riots in the capital.

In February 2015, MHA had constituted the SIT on the recommendation of a committee headed by former Supreme Court judge Justice G P Mathur (retd). It was expected to re-open cases which the Delhi Police did not investigate or simply closed for lack of evidence.(13/06/2016)

June 18, 2016

#China cracking down on rights lawyers

A day after Human Rights Watch asked Chinese authorities to drop cases against rights lawyers, lawyer Xia Lin was put on trial for fraud. He had been defending human rights activist Guo Yuoshan just prior to his arrest.

Chinese authorities have recently been acting against several rights lawyers. In April, human rights lawyer Pu Zhiquiangon had his license to practice law revoked by the authorities. Earlier, lawyer and professor, Chen Taihe, fled to California after he was detained last July during a crackdown on lawyers. The UN High Commissioner for Human Rights has expressed concern.

#US appeals court strikes down part of clean energy law

A US appeals court has struck down parts of a new law framed by the state of Minnesota that places restrictions on utilities which use energy from new coal plants or enters into long-term agreements for purchase of power which are such that they increase pollution.

June 17, 2016

#Quantum of sentence announced in Gulbarg Society massacre case

#Gujarat High Court allows abortion beyond permissible limits

June 16, 2016

#Jiah Khan committed suicide, says CBI to Bombay High Court

In a significant development in the Jiah Khan suicide case, the CBI has come to the conclusion that she killed herself. The central agency told the Bombay High Court that her death was caused by “suicidal hanging” and there were “oral, documentary, scientific and cyber forensic evidences” to support its claim. The CBI was replying to a petition filed by Jiah’s mother, Rabia Khan, who had sought a SIT probe into the case. The court directed Rabia Khan to file her response to the CBI’s stand within two weeks.

#Supreme Court gives clean chit to Udta Punjab

#SIT recovers cash and gold from Bacha Rai’s house

#Amazon India moves court against entry tax

#Exonn Mobil alleges conspiracy in a probe on climate change

Exxon Mobil Corporation is seeking an order against the Massachusetts Attorney General. The oil company has approached a federal court in Texas, alleging that an ongoing investigation against it, on climate change, smacks of political interference. It has also contended that the probe infringes on its constitutional rights.

#AAP gears-up for a legal fight over Parliamentary Secretaries

#High court judges’ appointment on hold

#Accused must get bail, says Delhi High Court

The Delhi High Court has ruled that accepting an incomplete chargesheet and denying bail under Section 167(2) CrPC to the accused was nothing but abuse of law. The court was dealing with a case related to misappropriation of funds. Earlier, the police had filed a report in the magistrate court against the accused, but the court was not satisfied with it and wanted more inputs and further probe. The accused thereafter applied for statutory bail before the magistrate court which was rejected.

#Bombay High Court to continue hearing bail plea against Sadhvi Pragya

#Allahabad High Court to hear Habeas Corpus appeal for Tiwari

June 15, 2016

#Madras High Court asks for status report on an engineering student’s death

#Supreme Court to hear PILs on culling of animals

#Criminals should be barred from voting, says Judicial Watch

Judicial Watch, an American conservative educational foundation, has filed a lawsuit in the circuit court of Bedford County, Virginia, US, to block criminals from voting in the US presidential elections. The lawsuit has questioned Virginia Governor Terry McAuliffe for restoring the voting rights of hundreds of thousands of criminals in the state, alleging that by doing so he had violated the Virginia constitution.

#Supreme Court overturns decision on patent infringement

The US Supreme Court has delivered a landmark verdict that could have a bearing on the patent owners’ ability to extract enhanced damages, in cases of wilful patent infringements. It struck down the Federal Circuit’s yardstick for deciding enhanced compensation in a patent infringement case. The court observed that there was no precise rule for deciding enhanced compensation.

#Bombay High Court to take up plea against Shariat laws

#Bombay High Court to hear PIL against graft

The Bombay High Court will hear a PIL by Nityanand Mishra today. Mishra has sought an inquiry into the alleged fraud, embezzlement and siphoning off district planning and development committee funds by the authorities.

#Bombay High Court to review provisions of Bombay Entertainment Duty Act 1923

The Bombay High Court will hear a petition challenging the provisions of the Bombay Entertainment Duty Act 1923.

#Bombay High Court to hear Rabia Khan’s plea

The Bombay High Court will take up the petition from Rabia Khan, the mother of actress Jiah Khan who committed suicide at her flat in Mumbai. Rabia has accused Jiah’s boyfriend Sooraj Pancholi of murdering her and is seeking a SIT probe into the matter.

#Allahabad High Court to decide on plea against doctors

The Allahabad High court will hear a plea against the doctors from Swaroop Rani Hospital in the city. The petition has raised objections on their private practice.

#IPS officer approaches Allahabad High Court

The Lucknow bench of the Allahabad High Court will hear a petition filed by IPS officer Amitabh Thakur. Thakur has moved court as he was not allowed to go to Mathura.

JustIn

#UdtaPunjab: Punjab based NGO moves the Supreme Court challenging Bombay High Court order onUdtaPunjab, seeks stay on film.

#JiaKhan: Bombay High Court is likely to hear Jai Khan’s mother Rabiya Khan’s petition today. She had filed a plea seeking relief in respect of the investigation.

June 14, 2016

#Legal proceedings against Unitech

A local court in Delhi has ordered commencement of legal proceedings against real estate major Unitech and its seven top bosses, including chairman and managing directors.

The court ruled that they were all guilty under Section 420 of IPC for cheating, and observed that their intentions were doubtful.

#PMLA court declares Mallya a “proclaimed offender”

The proclaimed offender’s tag will also help ED in making a strong case for Mallya’s extradition from the UK.

#US Supreme Court stands by Obama regulation

#FIR for JD (S) MLA on cash-for-vote issue

Karnataka assembly secretary and returning officer has filed an FIR against Mallikarjun Khuba, the JD (S) MLA accused of asking money for cross voting in the Rajya Sabha elections from Karnataka. The elections were held on June 11.

According to sources, the FIR has been filed on the orders of the Election Commission which already indicted Khuba. An India Today sting operation had shown Khuba demanding Rs 5 crore to support a Congress candidate.

#Madras High Court seeks details on PSC members

The Madras High Court has asked the Tamil Nadu government to submit bio-data and details related to educational qualifications of the 11 Tamil Nadu Public Service Commission members. They were appointed a few days before the assembly elections held last month.

#Gujarat High Court reserves verdict on Hardik’s bail

Both the parties have finished their arguments in court.

Patel is in jail since last year and has been slapped with two sedition cases. He was arrested for the violent agitation by his community in Gujarat.

#US federal court reverses verdict on damages

A federal appeals court in Minneapolis, US, has struck down a jury’s verdict that ruled that $1.8 million be given to former Minnesota Gov. Jesse Ventura. The ruling was given in 2014, in a defamation case.

The appeals court observed that the verdict was unjust and against the law. However, it asked for a fresh trial by the district court in the defamation angle of the case.

#Another hurdle for Udta Punjab

Hearing a petition against Udta Punjab that alleged that the film showed Punjab and Punjabis in bad light, the Punjab and Haryana High Court has asked the Central Board of Film Certification and filmmakers to respond to a plea that the film’s screening should be stopped, The Court also appointed an Amicus curiae to watch the film today and submit a report on its content on June 16, when it will hear the case again. The film is slated for release on June 17.

#Domestic Violence Act not applicable after divorce

#Allahabad High Court rejects CBI probe into Mathura violence

#Doha court announces punishment for adultery

A one-year “suspended sentence” was handed out to a 22-year-old Dutch woman by a Doha court. The woman, Laura, was punished for adultery. Interestingly, she had charged her partner of rape. The man was also held guilty of illicit sex.

The court also slapped a fine of $800 on the woman and ordered that she be deported after paying the fine. It ruled that the man be given 100 lashes for illegitimate sex and 40 lashes for consuming alcohol.

#Romania to re-investigate 1989 revolution

The High Court of Cassation and Justice in Romania has ruled that an investigation into the 1989 revolution be done again. 1,104 people had died in the revolution. The prosecutor general’s office had taken a stand that the investigation into the events of December 1989 is classified, and declined to prosecute anyone.

#Macedonia authorises Marijuana-derived medicines

Macedonia joined the list of over a dozen European countries that have authorised Marijuana-derived medicines. The head of Macedonia’s agency for medicines, Marija Darkovska-Serafimovska, said that medicines containing less than 0.2 per cent of tetrahydrocannabinol can now be prescribed by doctors and sold in pharmacies in Macedonia.

#Supreme Court gives more leeway to patent holders

Giving more leeway to patent holders, the Supreme Court of US has ruled that patent holders will be liable to win extra damages in infringement lawsuits. The court overturned a lower court verdict that had set a high threshold for winning punitive damages in patent-infringement cases.

#US Democrat agrees to plead guilty

A former California state senator, Ronald Calderon is likely to plead guilty on charges of bribery, fraud, money laundering, among others, informed US Attorney’s Office in Los Angeles. He has been accused of taking cash bribes and gifts from a businessman and undercover FBI agents. He was held guilty in February 2014.

#JustIn

#SadhviPragya: Bail plea to be examined today by Mumbai High Court. Earlier, one of the victims of the Malegaon blasts had filed an ‘intervening application’ challenging her bail.

#MathuraViolence: The hearing in Allahabad High Court adjourned till July 5.

#IPLSpotFixing: The Supreme Court likely to decide on IPL spot fixing case today.

#UnderworldLink: Bombay High Court: Hearing on BJP’s ex-minister Eknath Khadse’s connections with Dawood today.

#VijayMallya: Prevention of Money Laundering Act (2002) Court adjourns hearing on Vijay Mallya’s case till 3PM. The court likely to pronounce its verdict today.

June 13, 2016

#Finally, freedom for Udta Punjab

The Mumbai High Court gave the go-ahead for the release of Udta Punjab today. Hearing the petition from filmmakers against the suggested cuts by the Central Board of Film Certification (CBFC), the Court cleared the film with only one cut and categorised it under “A” category as against the 13 cuts suggested earlier by CBFC. The Court observed that the film doesn’t defame Punjab and was not made with the Punjab polls in mind.

#NCP leader Bhujbal’s bail plea adjourned

The hearing on NCP leader Chhagan Bhujbal’s bail plea was adjourned till tomorrow by a PMLA court in Mumbai. Bhujbal is facing charges for money laundering in connection with the Maharashtra Sadan scam.

#ISIS suspects denied bail by a NIA court

#Oscar Pistorious’ waits for his sentence

Paralympic gold medallist, Oscar Pistorius, appeared in a South African court today, awaiting sentence for the 2013 murder of his girlfriend Reeva Steenkamp. Murder in South Africa entails a minimum sentence of 15 years, but judges can use their discretion and pronounce shorter jail terms.

#Plea against Mohd Akhlaq’s family deferred

A local court in UP has adjourned the hearing on a petition seeking registration of FIR against Mohd Akhlaq’s family, to June 23. Surajpal Singh, a resident of Bisada, had filed the FIR on the basis of forensic report on the meat collected from outside Akhlaq’s house. The forensic report had claimed that the meat belonged to a “cow or its progeny”.

#SIT to re-open 75 cases of anti-Sikh riots

According to the Ministry of Home Affairs, the Special Investigation Team (SIT) formed by the centre in 2015 has decided to re-open 75 cases related to the 1984 anti-Sikh riots in the capital.

More than 3,000 people were killed in Uttar Pradesh, Haryana, Delhi, Madhya Pradesh, Maharashtra and other states following the murder of the then Prime Minister Indira Gandhi in 1984. Several Congress leaders, such as Sajjan Kumar, Jagdish Tytler and HKL Bhagat, were accused in the case.

#MP CM to challenge court order on quotas in promotions

Madhya Pradesh Chief Minister Shivraj Singh Chouhan has told a news agency that the Madhya Pradesh government will challenge the Madhya Pradesh High Court judgement on reservations in promotions. The court has quashed quotas for SC/ST in promotions in government service. Chouhan also informed that Attorney General of India, Mukul Rohatgi, will argue the case for the state government.

#“I am guilty without trial”, bemoans Mallya

#Another deferment in Gulbarg case

The SIT court in Ahmedabad would now pronounce the quantum of punishment for 24 men convicted in the Gulbarg society massacre case on June 17. The Court had fixed Monday as the day for the job. Both the prosecution and the defense have completed their arguments in the case.

#National Judicial Academy seeks clarifications on certain terms

The National Judicial Academy has asked a social activist to explicitly define terms like “hospitality” and “guest” used in his RTI application. The application had sought information about money spent on the recent “Retreat” of the Supreme Court judges in Bhopal.

#Patna High Court seeks status report on money laundering case

The Patna High Court has asked the Enforcement Directorate (ED) to submit a report on the status of investigation in a money-laundering case. The accused include Punjab and Haryana High Court lawyer Mukesh Mittal, his clerks and family members. The ED had also sent notices to the wife of a judge of the Punjab and Haryana High Court and a senior advocate in connection with the case.

#Significant ruling on transgenders by US court

The Multnomah County Circuit Court in Oregon, US, said in a ruling that a transgender can legally change sex to “non-binary”, rather than male or female. The ruling is being billed by legal experts as the first in the US.

#Mumbai High Court to hear Nachan’s plea

Saquib Nachan’s plea seeking a stay in the 2012 Bhiwandi firing case will be heard by the Mumbai High Court today. Nachan has been accused of conspiracy in the murder of a VHP activist.

#Tamil Nadu district court to hear a Dalit atrocity case

The Principal District Court at Tirupur (Tamil Nadu) will hear a case involving a Dalit youth’s murder. He was hacked to death by a three-member gang when he and his wife were standing at the Udumalpet Bus stand.

#Special NIA court to hear challenge against Sadhvi’s bail plea

Sadhvi Pragya’s bail application would be decided by a special NIA Court today. Earlier, one of the victims of the Malegaon blasts had filed an application against the bail of Pragya.

#PMLA Court to hear a plea against Mallya

A Prevention of Money Laundering Act court will hear a plea from the Enforcement Directorate to declare businessman Vijay Mallya a “proclaimed offender” for the Rs 900 crore loan-fraud case with IDBI.

June 12, 2016

#LegalRoundUpOfTheWeek

#Enhanced sentence for Maldives ex-VP

Former Vice-president of Maldives, Ahmed Adeeb, has been sentenced to 15-year jail term for plotting to kill the current president of Maldives, Abdulla Yameen. He was earlier sentenced to 10-year jail term for owning firearms. His two military bodyguards were also convicted for being a part of the plot and were sentenced 10 years jail term each.

Adeeb is the fourth high-profile politician to be jailed on terrorism charges since Yameen Abdul Gayoom came to power in 2013 in the wake of political turmoil Maldives is witnessing.(11/06/2016)

#US court rejects plea on union elections

The US appeals court has dismissed a plea by construction trade groups to block Obama administration rules designed to speed up union elections. The court observed that the National Labor Relations Board had the authority to implement them. The Texas-based 5^th US Circuit Court of Appeals rejected claims by Associated Builders and Contractors and a Texas chapter that the rules violated employers’ right to free speech and would lead to harassment of workers.(11/06/2016)

#Life imprisonment for Danish woman rape convicts

A Delhi court on Friday awarded life imprisonment to five convicts in the 2014 Danish woman gangrape case in the capital. Earlier, the Delhi Police on June 9 had sought maximum punishment for them. The court had on June 6 ruled the five accused guilty.

All the nine accused were arrested in January, 2014. Of them, three were juveniles. The six adult accused were in judicial custody, facing trial. However, one of them died in February inside the Tihar jail.(10/06/2016)

#Kerala HC puts ban on diesel vehicles on hold

The Kerala High Court on Friday stayed an order of the National Green Tribunal (NGT). The green court had banned diesel vehicles that are older than 10 years in six cities of the state.(10/06/2016)

#Extradition for US CIA operative

Former US Central Intelligence Agency (CIA) operative Sabrina de Sousa will be extradited to Italy to serve a four-year prison sentence, following a ruling from Portugal’s Constitutional Court.

Sousa will undergo imprisonment due to her involvement in a US extraordinary renditions program. She was held guilty in absentia by an Italian court for her part in the 2003 kidnapping and rendition of Egyptian terror suspect Osama Moustafa Hassan Nasr.(10/06/2016)

#Written apology denied by BJP leader OP Sharma

The Delhi High Court today heard the petition filed by BJP leader OP Sharma, challenging his suspension from the legislature for two sessions. During the hearing, Sharma did not agree to filing a written apology, which was demanded by AAP MLA, Alka Lamba.(09/06/2016)

#PIL on Mathura violence filed in Allahabad High Court

A PIL was filed in the Allahabad High Court today on Mathura violence in which 29 persons, including two police officials lost their lives. Advocate and BJP leader Ashwini Kumar Upadhyay filed the PIL. Upadhyay had earlier approached the Supreme Court with the PIL but the apex court had directed him to move the Allahabad High Court.(09/06/2016)

#Congress president Sonia Gandhi caught in legal tangle

Congress president Sonia Gandhi has been served a legal notice by a Kerala based construction firm for non payment of dues. The legal notice has been filed by Heather Constructions who built the Rajiv Gandhi Institute of Development Studies. Heather Constructions managing partner Rajeev alleged that his company was given the contract to construct the Rajiv Gandhi Institute of Development Studies in Thiruvananthapuram but the dues were not cleared.(08/06/2016)

#SC dismisses interim bail plea of Namdhari in Ponty Chadha’s murder case

Supreme Court today has dismissed interim bail plea of Uttarakhand Minority Commission ex-chairman Sukhdev Singh Namdhari in the murder case of liquor baron Ponty Chadha. Earlier, in April this year, the Delhi High Court had also cancelled his bail plea. Namdhari and along with 20 others are facing the trial in the murder case.(08/06/2016)

#Delhi govt serves notice to Uber India for violation of Motor Vehicles Act

Uber India, the Indian subsidiary of Uber technologies is likely to contest the case filed against its Uber CEO Travis Cordell Kalanick and others booked over violation of Motor Vehicles Act by Delhi government. Earlier, a notice was issued by Delhi government under section 93 of the Act that restricts soliciting customers for taxis which do not have state government licenses. Based on this, a Delhi court had issued a notice to Uber CEO Travis Cordell Kalanick, President Amit Jain and General Manager for north India operations Gagan Bhatia to appear before it.(08/06/2016)

#Himachal HC rejects reservation in promotional posts

The Himachal Pradesh High Court in their judgement said that reservation provided under Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 is not available on promotion. The Division Bench comprising of Chief Justice Mansoor Ahmad Mir and Justice Tarlok Singh Chauhan, rejected the claim of the petitioner seeking reservation of 3 per cent in promotional post. Citing the judgement of Rajasthan High Court in Arun Singhvi Vs New India Assurance case wherein it dealt with the same issue and had held that the reservation does not extend to promotional posts.(08/06/2016)

#Anand Joshi gets bail from CBI court

The Special CBI court on Tuesday granted bail to the Ministry of Home Affairs’ official, Anand Joshi, who was arrested for allegedly issuing Foreign Contribution Regulation Act notices arbitrarily to NGOs, allegedly for financial gains. The court observed that the accused cannot be put in jail for an indefinite period. The special CBI Judge granted him bail imposing several conditions.(07/06/2016)

#Kejriwal gets relief

Delhi Chief Minister Arvind Kejriwal got a one-day relief from appearing in the Delhi Metropolitan Magistrate court. He had to be present after summons were issued against him by the court on a complaint filed by BJP MP Ramesh Bidhuri that Kejriwal in an interview had falsely claimed that criminal cases were pending against Bidhuri.(07/06/2016)

#Drunk driving gets Hillary Clinton’s brother-in-law in trouble

Hillary Clinton’s brother-in-law, Roger Clinton was reportedly detained on suspicion of drunk driving in California, US. After paying $15,000, he was released from Redondo Beach jail. This is not the first time that he has been arrested on charges of drunk driving. In 2001, he was arrested for the same offence.

#Bombay HC lambasts BMC on foot over bridge

The Bombay High Court has cracked down on the civic body, Brihanmumbai Municipal Corporation (BMC), over the construction of a foot over bridge. The court has asked the BMC and the Central Railways to inform it by June 14 as to how much time the BMC will take to build the over bridge after the demolition of Hancock Bridge at Sandhurst Road. The court has also directed both of them to take a cue from the Indian Army as it has a reputation of quickly building bridges.(07/06/2016)

#NIA rejects bail pleas in Malegaon case

A Special NIA court has rejected the bail plea of the four accused in the 2006 Malegaon blasts case. The accused are: Manohar Nawaria, Rajendra Chaudhary, Dhan Singh and Lokesh Sharma. They had applied for bail in February this year.(06/06/2016)

#Bail plea of Bindi Yadav adjourned

A local court in Gaya has adjourned the bail plea of Bindi Yadav till June 9. Bindi Yadav is the father of Rocky Yadav, the main accused in the murder of teenager Aditya Sachdeva. He was arrested over his alleged involvement in helping his son and hiding evidence in the Aditya murder case.(06/06/2016)

#Sentence for Gulbarg accused delayed

The decision on the quantum of punishment for the accused in the Gulbarg Society case has been postponed till June 9. A special SIT court, which convicted 24 persons for the 2002 massacre, was expected to pronounce its verdict today. (06/06/2016)

June 11, 2016

#Citigroup takes AT&T to court

AT&T Inc can’t use “thanks” and “AT&T thanks” in its customer loyalty programme, according to a suit filed by Citigroup Inc in the Manhattan federal court. Citigroup Inc has alleged that these infringed on its trademarks that include “ThankYou” and “Citi ThankYou”.

The “ThankYou” trademark is almost synonymous with the Citigroup’s customer-loyalty programme running from 2004. The world’s biggest credit-card lender has sought a judicial order that debars AT&T from using the terms. It pleaded that the terms used by AT&T will confuse customers. Citigroup also alleged that both the trademark designs have similar fonts and word placements.

#US commerce bodies challenge investor lawsuit

A federal regulation related to investment suggestions for the retirement period has been caught in a legal wrangle in the US. An avalanche of lawsuits has been filed against the regulation.

The regulation was brought in by the US Labor Department in April for financial brokers who sell retirement products. It entails that financial brokers dealing with retirement products must put the clients’ best interests ahead of their bottomline.

#US court rejects plea on union elections

#Enhanced sentence for Maldives ex-VP

Adeeb is the fourth high-profile politician to be jailed on terrorism charges since Yameen Abdul Gayoom came to power in 2013 in the wake of political turmoil Maldives is witnessing.

#SoniaGandhiLawsuit

M/S Heather Constructions Managing Partner which had filed FIR against Sonia Gandhi over non-payment of dues in Thiruvananthapuram, Rajiv Gandhi Institute of Development Studies (RGIDS) , has informed that the case has been settled out of court.

RGIDS director and former Kerala Pradesh Congress Committee (KPCC) general secretary Hidur Mohamed said, “Dragging Sonia Gandhiji in this case was a malafide attempt by the vested interests, which is unfounded and baseless,”

#Sudan president allowed to go Scot free

International Criminal Court (ICC) Prosecutor Fatou Bensouda has lamented that ICC and the UN Security Council have been rather “significantly” quiet on the arrest of Sudanese President Omar al-Bashir, despite calls from the prosecutor’s office to do so. He pointed out that the “laxity” had allowed Bashir to globetrot despite having two arrest warrants issued against him.

#Relief for Puerto Rico

The US House of Representatives has given its go ahead for a bi-partisan legislation that will ease financial pressure on Puerto Rico. The law, which still needs to be approved by the Senate, has the backing of President Barack Obama. It has provision for setting up a financial oversight board and restructuring a part of Puerto Rico’s $70 billion debt.

#Corruption charges raked up against Zuma

South African President Jacob Zuma and state prosecutors have demanded that they have the right to challenge a High Court order on corruption charges against the president. The High Court, last April, had questioned the judgment of the National Prosecuting Authority (NPA) to drop 783 corruption charges against Zuma and wanted it reviewed.

NPA’s decision in April 2009 had enabled Zuma to contest for presidency. NPA feels that the High Court order is an infringement on its discretionary powers.

The corruption charges are linked to Zuma’s alleged participation in a 1999 arms deal worth billions of dollars.

#CBI quizzes magician PC Sorcar

The CBI questioned magician-turned-BJP leader PC Sorcar (Junior) in connection with the chit fund scam. Sorcar told the media that the central agency was seeking details about his dealings with the Tower group, which had raised money from the market. Sorcar had contested on a BJP ticket from Barasat constituency in West Bengal and is the first BJP leader to be quizzed in the scam.

#CBI makes first arrest in Dabholkar case

The CBI has made its first arrest in the Narendra Dabholkar death case. Virendra Tawde was arrested in Panvel near Mumbai on June 10. He is a doctor associated with a right-wing organisation. Tawde will be presented in a Pune court today. Dabholkar, a rationalist, was shot dead by unidentified assailants in August 2013.

#Suit against suicide law

A group of five doctors and the American Academy of Medical Ethics recently filed a suit, challenging a physician-assisted suicide law in California. The law, End of Life Option Act, allows doctors to prescribe a lethal dose of drugs that help to die, in case of “terminally-ill” patients.

Those challenging the law argued that it failed to make rational distinctions between terminally-ill citizens and the vast majority of Californians, not covered by the Act. They also contended that the term “terminally ill” was ambiguous.

#Venice Commission questions Poland’s surveillance powers

The Venice Commission recently said that Poland’s surveillance powers are too broad and need to be checked. The opinion focuses on Sections 19 and 20c of the Police Act that deals with classical surveillance and collection of metadata. The Commission believes that certain metadata, such as web-logs, are extremely sensitive and judicial authorization was needed to obtain them. For other, less sensitive metadata, the commission suggested creating of an independent oversight body to monitor the specific metadata operations.

June 10, 2016

#SadhviPragya: Mumbai special court to continue hearing on Sadhvi Pragya bail application on Monday, 13 June.

#SurajPancholi: Suraj Pancholi got permission to travel abroad for eleven days. The case was heard in Mumbai sessions court today. Sooraj Pancholi’s advocate moved an application in the court which stated that Sooraj has to travel abroad for professional commitments. The order on the same was reserved till 5 pm today, whereas trial proceedings in the case have been adjourned till July 8. Sooraj is being tried in the Jia Khan suicide case.

#Life imprisonment for Danish woman rape convicts

#Kerala HC puts ban on diesel vehicles on hold

The Kerala High Court on Friday stayed an order of the National Green Tribunal (NGT). The green court had banned diesel vehicles that are older than 10 years in six cities of the state.

#Extradition for US CIA operative

Former US Central Intelligence Agency (CIA) operative Sabrina de Sousa will be extradited to Italy to serve a four-year prison sentence, following a ruling from Portugal’s Constitutional Court.

#Bar Council rule for SC advocates stayed

The Supreme Court of India has stayed the Bar Council of India’s withdrawal of exemption granted to ‘Advocates on Record’ from filing forms under Certificate and Place of Practice (Verification) Rules 2015. Today’s order came in after a petition was filed by the Supreme Court Advocates-on-Record (AoR) Association, challenging the “unilateral withdrawal” of exemption by the Bar Council.

#Court seeks police response in Mercedes hit-and-run case

A Delhi court on Friday sought police response in the Mercedes hit-and-run case in which a juvenile is the prime accused. The Juvenile Justice Board’s decision to try him as an adult was challenged in the court.

#Can’t carry concealed guns: US appeals court

A decision by the 9^th US Circuit Court of Appeals in California ruled that firearm owners have no constitutional right to carry a concealed gun in public. The ruling upholds the right of officials to only grant permits to those facing a specific danger. It comes as an achievement for gun control advocates.

#Udta Punjab’s future on hold till June 13

The Bombay High Court will take its final decision on the Udta Punjab case on June 13. The Central Board of Film Certification (CBFC) had suggested 89 cuts and the removal of the name “Punjab” from the title. After the CBFC’s decision, the makers of the film had moved the Bombay High Court against the suggested cuts.

#More reprieve for Gulbarg convicts

The hearing on the Gulbarg massacre case has been completed; judgment will be delivered on June 13.

#Can keep somebody in illegal custody, says Allahabad HC

The Allahabad High Court has come down heavily on police officers for illegally confining a lady for 15 days. The cops had kept the lady under custody for questioning her on a complaint filed by her parents that she was kidnapped by the boy who was now her husband. The husband had filed a Habeas Corpus petition alleging that his wife had been illegally detained in the grab of investigation.

The Court observed that the practice of taking a witness into custody for recording statements under Section 164 CrPC was not justified under any law.

#Delhi High Court to take up OP Sharma case again

BJP MLA OP Sharma’s suspension case again would be heard today in the Delhi High Court. Yesterday, the dispute between Sharma and AAP MLA Alka Lamba could not be resolved as Sharma had refused written apology to Lamba for the revocation of his suspension from the assembly.

#Jharkhand HC to decide fate of defected MLAs

The Jharkhand High Court will today hear a case filed by Jharkhand Vikas Morcha (JVM) head Babu Lal Marandi under the anti-defection law. Six out of eight MLAs joined BJP from JVM in December 2014, just after the state elections.

#A new twist in Dadri case

The Dadri lynching case saw a new development today as the families of the accused filed a plea in court alleging that they saw the victim’s family butchering a calf. In their petition, the accused have sought action against Akhlaq’s family contending that killing a calf is against the law in the state.

#Fines slapped on Uber by French court

Uber has been slapped with a fine of £625,500 for running the “illegal” Uber Pop service using unlicensed drivers. Last year, Uber had to suspend the services after the government barred the service, under pressure from licensed taxi drivers.

#JustIn

#Gulbarg: The special trial court has adjourned the verdict on 2002 Gulbarg case till 13 June. The case is running in Ahemdabad’s special trial court.

#UdtaPunjab: The Bombay High Court is likely to pronounce its judgement on 13 June.

#Supreme Court to hear petition on Jayalaltithaa case
The Supreme Court has reserved its verdict on the disproportionate assets case that had earlier acquitted Tamil Nadu CM Jayalalithaa and others. The Karnataka government had challenged the verdict of the state high court on its decision. The apex court had asked all the respondents to file their response by today.

#Bombay High Court to decide on objections raised for Thakur’s bail plea

The Bombay High Court will hear a plea from Nissar Ahmed Bilal, one of those injured in the 2008 Malegaon blasts. Bilal had earlier approached the special NIA court to hear him before it decided Sadhvi Pragya Singh Thakur’s plea.

#Bombay High Court to continue hearing on Udta Punjab
The Bombay High Court will continue its hearing on the petition from filmmakers against the order of the Central Board of Film Certification (CBFC) which has sought close to 90 cuts for the movie Udta Punjab.

#SC to hear petition on advocates’ practice rules

The Supreme Court will hear a petition filed, challenging the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015. The rules mandate that all advocates whose names appear on the state rolls maintained by the state bar councils must get their certificate of practice verified within six months from the date of notification of the rules.

#Bombay High Court to take up petition against doctors
The Bombay High Court will hear a petition filed against the doctor association, which went on strike several times paralyzing health services in the BMC hospitals.

#Dowry act case in Maha to be taken up
The Bombay High Court will hear a petition regarding the implementation of the dowry act in Maharashtra.

#Plea in Bombay HC
A plea on providing compensation to the families of the persons who die in accidents or commit suicide will be taken up by the Bombay High Court.

#Special trial court in Ahmedabad will give its final verdict in the Gulbarg Society massacre case
The Special trial court in Ahmedabad will announce its verdict on the quantum of sentence for the 24 convicts in the Gulbarg Society massacre case. The court had adjourned the matter.

#DanishWomanRapeCase

The Tees Hazari Court in Delhi will pronounce the quantum of sentence to five convicts in the Danish woman gang-rape case today. Additional sessions judge Ramesh Kumar had reserved the judgement for 10^th of June after conclusion of arguments on 9^th of June.

June 9, 2016

#Decision on Indrani’s driver deferred

A Mumbai court has deferred the matter on a request placed by Indrani Mukerjea’s driver Shayamvar Rai to turn a government approver, till June 20. Indrani is prime accused in the Sheena Bhora murder case.

#Bombay HC tells lawyers of DRT to file affidavit

The Bombay High Court today asked the lawyers of DRT Mumbai to submit their grievances in an affidavit, next week. The lawyers are opposing the proposed shifting of DRT by the authorities. According to the lawyers, it would be inconvenient for them if DRT is shifted. They also have a problem with the post of DRAT chairman, which they presented in their arguments.

#Bombay HC quashes plea against Article 81 (B)

The Bombay High Court has quashed a plea, questioning the constitutional validity of Article 81[B] of Education Code for Kendriya Vidyalaya. The court also dismissed a petition objecting to the order of termination of services of a teacher accused of sexual harassment.

#Allahabad takes strong note of section 362 of CrPC

Alluding to the prohibition mandated in Section 362 of the Code of Criminal Procedure, the Allahabad High Court ruled that the high court in exercise of its inherent power under Section 482 CrPC has no authority or jurisdiction to alter/review a judgment in a criminal case, after the judgement is signed.

#Macy’s awarded $3.5 million in damages

The department store chain Macy’s Inc of the US will be paid roughly $3.5 million in damages, ruled a New York state judge. The damages are to be paid by its rival JC Penney Co for illegally creating hurdles in Macy’s exclusive contract with the company of lifestyle guru Martha Stewart.

#Rabia Khan wants a stay on Sooraj trial

Rabia Khan, the mother of late actress Jiah Khan, has sought a stay order on the trial against Sooraj Pancholi. Sooraj is accused in the Jia Khan suicide case. Rabia is unhappy with CBI’s enquiry and has been pressing for an SIT to probe into her daughter’s death.

#No action against advocates, says Madras High Court

The Bar Council of Tamil Nadu and Puducherry claims that the Chief Justice of Madras High Court has promised that no action would be taken against advocates following amendments to the Advocates Act. The changes were made to take action against unruly lawyers in various courts of the state.

According to the council, the High Court has sought suggestions from all bar associations on the changes made in the Act, and a decision will only be arrived at after examining them.

#Row over patents between Samsung and Apple continues

In a legal battle over patent rights between smartphone gaints Samsung and Apple, the US department of Justice has asked the US Supreme Court to turn down an Appeals Court ruling in favour of Apple. The department also wants that the case be send back to the Appeals Court for more arguments. The Appeals Court had ruled Samsung guilty of infringement of iphone’s patents.

#Venezuela’s SC bans lynching videos

Posting of videos on lynchings by the media has been banned by the Supreme Court of Venezuela. Taking a strong note of such videos, the court said that these create nervousness and insecurity in the country which is witnessing brutal offences and economic catastrophe. “Media have the right to journalistically express a news event… but these rights should not create anxiety and uncertainty in the population,” the court said.

#Verdict on sentence in Gulbarg Society massacre case today

A special court will pronounce the quantum of sentence on Thursday for the 24 convicted in the Gulbarg Society massacre case. The lawyers for the prosecution, victims and convicts will present their submissions before the court. The sentence will be pronounced after hearing all the submissions. The court had earlier on June 2, convicted 24 persons of offences. 13 persons were convicted for charges, such as rioting, arson and unlawful assembly while 11 persons were convicted for murder.

June 8, 2016

#Congress president Sonia Gandhi caught in legal tangle

#Himachal HC rejects reservation in promotional posts

#UdtaPunjab

Udta Punjab filmmakers moved to Bombay High Court against Censor Board cuts over this movie. The producers have filed writ petition against CBFC before SC Dharmadhikari Court in Mumbai.

Writ petition against CBFC has been filed by Advocate Ameet Naik from Naik Naik & Company on behalf of Anurag Kashyap & Phantom Films. Justice Dharmadhikari has asked CBFC to provide the letter to the Udta Punjab team of the cuts they want.

#SamjhautaExpress

Colonel Purohit has urged High Court to quash all lower court orders so that he files fresh application for discharge. Colonel Purohit has been in jail for the last 7 years, and recently he wrote to Defence Minister Manohar Parrikar, stating that he has been falsely implicated in the case.

#Bombay HC raps lawyer Uke with contempt

Bombay High Court rapped lawyer Satish Mahadeo Uke by issuing a contempt notice allegedly for making wild and baseless allegations against lawyers, judges and also the chief minister Devendra Fadnavis. The court also restrained the high court registry, judges, lawyers and other officers for not hearing any plea by Uke, without its permission. The court was hearing a civil revision filed by Uke, where he is directed to reply to contempt notice before August 1.

#Delhi govt serves notice to Uber India for violation of Motor Vehicles Act

#SC dismisses interim bail plea of Namdhari in Ponty Chadha’s murder case

June 7, 2016

#MaharahstraMillWorkers

In mill workers’ housing issue, Maharashtra Housing And Area Development Authority (MHADA) has filed an affidavit about the present situation. As per the affidavit,

Total no. of mills: 58; land from 37 mills acquired; land from 11 mills yet to be freed; Out of 10 mills, workers wont get anything
24,700 houses to be constructed on 31 mill lands; Of these 16,900 are houses and 7800 are transit camps
Out of 31 mill lands, 18 lands will have 10,165 houses; 3204 transit camps 23 houses for families of martyrs of Samyukta Maharashtra Movement
On 6 mill lands, 3930 total houses to be constructed (2634 houses & 1296 transit camps)
In the 1st phase, out of lottery of 6925 houses,5931 have got occupancy, 944 remaining. Subj to final outcome of petition

#No CBI probe in Mathura violence, says SC

The Supreme Court has refused to take up the plea seeking CBI probe into the violent Jawahar Bagh clashes in Mathura that killed 29 people. It has asked the petitioner to approach the Allahabad High Court. The PIL was filed by the advocate and Delhi BJP spokesperson Ashwini Upadhyay.

#“Udta Punjab” producers to move court

The producers of the film, Udta Punjab, are planning to approach the Bombay High Court against the verdict of the Censor Board’s Revising Committee. The Revising Committee had asked producers to remove the word ‘Punjab’ from the title of the film. The Board has also recommended 89 cuts in the film, including scenes that show substance abuse and use of expletives.

#Plea for banning “Shorgul” dismissed

The Lucknow Bench of the Allahabad High Court today dismissed a plea seeking a ban on the film, “Shorgul”. Last week a petition was filed by a social activist demanding that the film’s release be withheld. The petition alleges that certain scenes in the movie might disturb social harmony. The movie is supposedly based on the Muzaffarnagar riots and is scheduled to release on June 24.

#High Court judge recuses in smuggling case

A Kerala High Court judge has recused himself from a smuggling case. Justice KT Shankaran revealed that he was offered Rs 25 lakh as bribe. More than 500 kg of gold had been allegedly brought into India from the Middle East through the Kochi airport.

#US Supreme Court to decide on tampering of constituencies

The US Supreme Court has announced that it will take a second look on whether Virginia’s Republican political leaders altered the constituencies in the state’s electoral maps to diminish the power of African American voters. The court said it will review a lower court’s rejection of a challenge that said Republican leaders reduced the strength of the minority voters by packing them into a dozen House of Delegates districts.

#US top court rejects Google’s appeal

The US Supreme court on Monday decided not to hear Google’s appeal in class action lawsuit. Claims have been made that the company deceived California advertisers in the placement of Internet ads through its Adwords service. A Google spokesman refused to comment on the litigation. The 2008 lawsuit had accused Google of violating California advertising laws because it misled advertisers about where the ads would be placed.

#A quantum jump in salaries of law firms in US

Major law firm, Cravath, Swaine & Moore, of the US has increased the annual salary of its first year lawyers to $180,000 from $160,000. Salaries of other associates have also been increased.

The salaries in other elite law firms like Davis Polk & Wardwell, Skadden, Arps, Slate, Meagher & Flom, and Sullivan & Cromwell are also likely to be increased.

It’s been almost a decade since the salaries of entry-level lawyers were raised.

#Appraisal of human rights in India

The Tom Lantos Human Rights Commission will examine the current state of human rights in India, challenges to fundamental freedoms, and opportunities for advancement at a hearing in Washington. India has a poor record of human rights despite being one of the most promising economies in the world.

June 6, 2016

#Sentence for Gulbarg accused delayed

#Hearing on Mathura case tomorrow

The Supreme Court agreed to have an urgent hearing on a plea for a CBI probe into Mathura Violence. The matter will be heard tomorrow. 29 people lost their lives in a violent clash that took place between the activists of Swadheen Bharat Subhash Sena, who had grabbed Jawahar Bagh, and the police.

#Sheena Bora murder case: Rai may turn approver

The CBI told a Mumbai court that it has no objection to key accused Indrani Mukerjea’s former driver Shyamvar Rai turning an approver in the Sheena Bora murder case. Rai had expressed his desire to become an approver, saying he wanted to “disclose all truths” in the murder conspiracy, after he was produced before the special CBI court. The CBI had earlier sought time to reply to the application filed by Rai.

#Bail plea of Bindi Yadav adjourned

#NIA rejects bail pleas in Malegaon case

#No order on Jat issue

The Punjab and Haryana High Court has refused to vacate its stay on the Jat quota issue and has deferred the matter for hearing on June 13.

Earlier in May, the high court had stayed reservation for the Jat community after the Haryana government granted quota for Jats and five other communities.

This was after the community launched an aggressive stir in Haryana, which led to violence, claiming more than 30 lives and injuring over 400.

#NIA will not challenge Pragya’s bail plea

The National Investigative Agency (NIA) has said in a NIA court that it will not oppose Sadhvi Pragya’s bail plea in the 2008 Malegaon blast case. Earlier the agency had dropped MCOCA charges against her on May 13 for want of evidence.

Pragya had applied for bail in the NIA court on May 30.

#Charges framed against RJD MLA

A district court in Bihar today framed charges against suspended RJD MLA Raj Ballabh Yadav and others accused in connection with the rape of a minor girl in February this year. Additional District and Sessions Judge (I) Shashi Bhushan Prasad Singh framed charges against Yadav under various sections of the IPC.

#Court to take up Manorama bail plea

The Patna High Court will hear suspended MLC Manorama Devi’s bail plea today. Manorama is the mother of the main accused Rocky in the murder of a Gaya youth, Aditya Sachdeva. She was remanded to 14-day judicial custody for excise law violation after liquor bottles were seized from her house in a raid.

#EC wants more powers against money abuse

Considering the rampant use of money power by politicians, the Election Commission is thinking to approach the Law Ministry for changes in the Representation of the People Act. It wants to be vested with powers for annulling polls in which there is solid evidence of voters being lured by cash.

The recent sting operation in which Karnataka MLAs have been shown asking for money in return for votes for the Rajya Sabha polls seems to have acted as a trigger for the poll watchdog.

#Gulbarg Society verdict today

A special court in Ahmedabad will pronounce the sentencing in the Gulbarg Society massacre case today. The court had on June 2 convicted 24 people and acquitted 36 in the case. Congress MP Ehsan Jafri were among the 69 people killed in 2002 in the Gulbarg Society, located in the Chamanpura area of Ahmedabad.

#Court to decide who goes to Rio

The Delhi High Court will today take a call on the controversy related to wrestlers representing India at the Rio Olympics. Wrestler Sushil Kumar had challenged the selection of Narsingh Yadav in the 74-kg freestyle category. The Wrestlers Federation of India had selected Yadav to represent India. The hearing on this case has been in process since the last two weeks. During the hearing, both the contenders presented their claims firmly in the court. Raj Singh, Vice President of the Wrestling Federation of India, was slapped a notice for misleading the court. The court was miffed after finding two mistakes in Singh’s affidavit.

#Bombay High Court to hear Khadse-Dawood link

The Bombay High Court will today hear the petition filed by Manish Bhangale, a hacker from Vadodra. Bhangale claims that Maharashtra Revenue Minister Eknath Khadse has links with fugitive don Dawood Ibrahim. Bhangale in his petition filed in the court had said that he had hacked Dawood’s phone and there is ample proof of calls between Dawood and Khadse.

On 30^th May, the bench of Justices BR Gavai and BP Kulpati had decided to hear the matter on 6^th June.

#Decision on Danish woman rape case

A Delhi court has held 5 people guilty in its verdict on the 2014 gang- rape case of a Danish woman in Delhi. A total of nine men, including three juveniles, committed the heinous crime. The victim, aged 52, was in central Delhi when the crime took place. The convicts are accused of robbing and raping the woman at knife point. The quantum of punishment will be pronounced on 9^th of June.

#Vijay Mallya cheque bounce matter

Hyderabad court asks GMR to submit fresh address of accused & the company.Matter adjourned till 5th July.

#33 protestors let off in Cairo

A Cairo appeals court in Egypt has acquitted 33 protesters who were previously sentenced to 2 years imprisonment. The protesters were among 300 others who were arrested for holding a huge public demonstration against the surrendering of the Red Sea Island to Saudi Arabia in April.

June 5, 2016

#LegalRoundUp of the Week

June 4, 2016

#PIL for refund rejected by Delhi High Court

The Delhi High court has refused to entertain a writ petition from a hotel, fined with Rs 41 lakh for non-compliance of statutory provisions of Environment Law for a period of more than twenty years. The court ruled that a writ petition solely praying for refund of money against the State is not maintainable.

#A request against demolition

The Union Environment Ministry has submitted an affidavit in the Kerala High Court saying that no laws were violated in the construction of flats by DLF at Chilavanoor in Kochi. The affidavit points out that the building has been constructed by following the Coastal Regulation Zone rules.

A single bench of the High Court gave order to demolish the DLF flat complex in December last year. The builders then approached the division bench against the verdict and obtained a stay against demolishing portions of the building.

#No relief for SP leader

A local court in Muzaffarnagar has rejected the bail plea of Samajwadi Party leader Mehrajuddin in a murder case. The Acting District Judge D C Singh dismissed the bail plea of the SP leader, saying there was no reason for granting relief.

#Hindu-Christian wedlock is legal

A marriage between a Hindu and a Christian performed as per Hindu rites and with the consent of both parties is perfectly legal, the Punjab and Haryana High Court ruled. Even the Hindu Marriage Act has no objection to such a wedlock, the court pointed out.

The court further observed that such a marriage is governed by Section 125 of CrPC, related to maintenance of wife, children and parents.

#Ruling on Salman and Shah Rukh Khan

A Delhi Court has reserved its judgment for June 6 on a private complaint against Bollywood stars Salman Khan and Shah Rukh Khan for hurting religious sentiments. The complaint was filed by Advocate Gaurav Gulati. The actors were seen wearing shoes at the set of a temple.

#No polls for convicted people, says a PIL

A PIL has come up before the Delhi High Court pleading that convicted persons be completely barred from contesting elections and forming any political party or becoming associated with a party.

As of now, according to the Representation of People’s Act (Sections 8 and 9), individuals held guilty of an offense by the judiciary are disqualified from contesting elections for a period of six months. However, they can stand for elections after the period is over.

The PIL also raised other significant issues related to the Act, such as lack of proper guidelines on educational qualifications, and on good conduct. (04/06/16)

#ED to use MLAT for Lalit Modi

The Enforcement Directorate (ED) is expected to make a fresh request to extradite former IPL Chairman Lalit Modi under the India-UK Mutual Legal Assistance Treaty (MLAT) in connection with the money-laundering probe against him.

ED plans to take the MLAT route after the Ministry of External Affairs made suggestions to the probe agency indicating that a regular extradition of Modi from the United Kingdom could only be made after filing a chargesheet in the case,

The agency need not file a charge sheet while going through the MLAT route. It wants Modi in relation to a money-laundering case against him, in the Indian Premier League T-20 cricket tournament.

An FIR was registered against him and others under the Prevention of Money Laundering Act (PMLA).(04/06/16)

June 3, 2016

#Significant verdict on UP doctors’ strike

The Allahabad High Court has given a historic judgment in the Uttar Pradesh Doctor’s strike case. The court has ordered the constitution of a high-powered committee under the district judge in this regard.

The committee has been asked to submit a report in two months. The court ruled that the report must contain the number of patients who died on 30th May and 2nd June.

The state government has been asked to pay a compensation of Rs 25 lakh to families of the aggrieved. The Vice Chancellor of KGMU and Principal of State Health Board has been asked to identify the doctors who were on strike.

The orders have to be followed by the 19th of September. (03/06/16)

#Compensation for women

The Supreme Court has directed the government of Madhya Pradesh to grant a sum of Rs five lakh each as compensation to two women who were arrested in violation of law. It has trashed the proceedings against the women, pending before the magisterial court. The court ruled that the dignity of the arrested persons, a doctor and a practicing advocate, has been seriously jeopardized. (03/06/16)

#Get law faculty ready

The Delhi High court has asked Delhi University to hurry up and get its law faculty ready for functioning. A bench of Justice Sanjiv Khanna and Justice Najmi Waziri ordered the varsity to do so by 28 June. The court ordered that all infrastructure must be in place so that students could shift in the coming academic session. (03/06/16)

June 2, 2016

#Kingfisher Airlines presents its case in court

Kingfisher Airlines and United Breweries Ltd has submitted its evidences before the Debt Recovery Tribunal . The Tribunal is hearing the case related to the recovery of more than 9,000 crore rupees from Vijay Mallya, who is in London.

The court has asked other defendants to file their evidences by June 3. (02/06/16)

#OBC body files caveat in Jat quota case

The OBC Aarakshan Raksha Samiti has petitioned the Supreme Court that it be heard before the petition by the All India Jat Aarakshan Sangharsh Samiti challenging the stay on Jat quota is taken up. The development comes a day after Haryana-based body of Jat community moved the Supreme Court challenging the stay on Jat quota by the Punjab and Haryana High Court. The Punjab and Haryana High Court, on May 26, had stayed the reservation for Jats and five other communities while hearing a plea challenging the constitutional validity of the Haryana Backward Classes Act 2016, that was passed unanimously by the state Assembly on March 29. (02/06/16)

June 1, 2016

#MechanicalOrder: While arguing in a case, counsel said High Court passed order mechanically.

Justice Pinaki replied all orders are mechanical since it’s typed & printed.

June 2016, Legal Updates

June 30, 2016

June 29, 2016

June 28, 2016

June 27, 2016

June 26, 2016

#CourtsThisWeek

June 25, 2016

June 24, 2016

June 23, 2016

June 22, 2016

June 21, 2016

June 20, 2016

June 19, 2016

#CourtsThisWeek

June 18, 2016

June 17, 2016

June 16, 2016

June 15, 2016

June 14, 2016

June 13, 2016

June 12, 2016

#LegalRoundUpOfTheWeek

June 11, 2016

June 10, 2016

June 9, 2016

June 8, 2016

June 7, 2016

June 6, 2016

June 5, 2016

#LegalRoundUp of the Week

June 4, 2016

June 3, 2016

June 2, 2016

June 1, 2016

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