May 2016, Legal Updates

May 30, 2016

#VacationBench: Vacation Bench Judges: Justice Pinaki Chandra Ghose and Justice Amitava Roy are concerned about delay & time consumed for mentioning of important matters for listing.

The Bench said that in case of anticipatory bail matter, just give the SLP number to the Court master and get it listed.

May 27, 2016

#Corruption: Anti-Corruption Bureau files disproportionate assets against Chhagan Bhujbal, wife Meena, son Pankaj & 9 others. Disproportionate Assets case filed by Anti-Corruption Bureau under sections 13(1) E & 13(2) of Prevention of Corruption Act

May 26, 2016

#NEET: NEET ordinance has been challenged in Supreme Court: A petition by whistle blower Anand Rai & medical student Sanjeev Saxena has been filed in apex court, challenging the ordinance on Common Medical Test, which was recently approved by the President.

May 25, 2016

#NorthKorea: North Korea challenges United Nations chief Ban Ki-moon to clarify the legal basis for UN sanctions against it.

UN imposed its toughest sanction on North Korea after fourth nuclear test in January this year and launch of a rocket the following month.

May 24, 2016

#ManoramaDevi: The hearing on bail plea of ousted JDU MLC Manorama Devi has been postponed till May 27 by Gaya Sessions Court.

The MLC is been accused of breaching prohibition law, and was absconding after an arrest warrant was lodged against her. Later she surrendered and was sent to judicial custody for 14 days. Manorma Devi is the mother of Rocky Yadav, accused in murder of Aditya Sachedeva in Gaya road rage on May 7.

#SankalpTrust: Mumbai-based NGO Sankalp Charitable Trust will challenge the NEET (National Entrance cum Eligibility Test) ordinance in Supreme Court. It claimed that the government cannot overrule Judiciary. The reaction came after President Pranab Mukherjee gave nod to NEET ordinance today.

Earlier, the SC ordered the CBSE and Medical Council of India to conduct the NEET examinations in two phases, this year.

#NGT: NGT slammed NHAI for chopping the trees while construction of highways and has sought the details of afforestation. The Tribunal has asked General Manager of NHAI to file an affidavit giving the details of trees been cut while developing highways and afforestation been done till date. The next hearing will be on July 25.

Last year NGT had imposed a ban on cutting of trees without the permission of Centre authorities.

May 23, 2016

#CallDrop: Delhi High Court scrapped the petition for call drops giving relief to telecom companies. Now the telecom operators don’t need to pay compensation for call drops to the consumers.

Earlier, Supreme Court had also quashed the orders of TRAI (Telecom Regulatory Authority of India), which directed telecom operators to pay compensation on call drops to the consumers, by calling it unconstitutional.

#HimanchalTaxiPermits: Arguments continued in Him Aanchal Taxi Operators Union vs State of Himachal Pradesh wherein fresh appeal was filed in Supreme Court. Senior Advocate Vibha Makhija argued that for 35 lakh tourists visiting the state, 6000 vehicles should be allowed as 1200 vehicles order by NGT is not fair.

When the Bench said that they cannot arbitrarily fix a figure, the State argued that they are facing severe law & order situation due to NGT order of limiting vehicles.

The issue shall come up in two weeks; Bench issued notice & ordered respondents to file response.

May 20, 2016

#NGT issues show cause notice to Mirzapur, Chunar , Badhohi, Hastinapur and UP Pollution Control Board for pollution in Ganga.

May 19, 2016

#NessWadiaCase: A case was filed by the driver, Dhirendra Mishra against the Mumbai-based businessman-tycoon Ness Wadia at Mumbai’s MRA Road police station for using abusive language and assault.

According to Ness Wadia’s driver he was quite often forced (by Wadia) to break traffic signals while driving.

Police registered a case under Section 323, 504 & 506

May 18, 2016

#WaterDues: While hearing a case, NGT found out via RTI reply that Delhi Police hasn’t paid water bills to the tune of Rs 232 crore.

NGT has issued notice to Delhi Police, Delhi Govt. and Delhi Pollution Board regarding unpaid water bills of Rs 232 crore.

May 17, 2016

#CochinDevaswomBoard: In Sanjay Varma vs Cochin Devaswom Board case, petitioner asked SLP to be listed before vacation bench.

The Royal Family filed the SLP as respondent temple authorities intends to melt heritage antique golden headgear of elephant. Hearing has been listed for Monday (May 23rd, 2016)

May 16, 2016

#LegalPassover: When a Junior Advocate sought pass over on behalf of his Senior, Justice Sapre said pass over only when entire SC is working.

Justice Sapre said no pass over when only one court is working; However, he granted pass over to the Junior Advocate

May 13, 2016

#Uttarakhand: Tushar Mehta, ASG, placed the order revoking Presidential proclamation in #Uttarakhand. SLP shall be listed on July 12th, 2016

Aryaman Sundaram claimed state govt is trying to vacate disqualified MLAs from accommodation & other facilities as MLA

Abhishek Manu Singhvi said state govt. has not, and will not take away accommodation of disqualified MLAs

Rajiv Dhawan, Min. of Par. Affairs submitted MLAs’ accommodation wont be taken away. Matter listed on April 12, 2016.

May 12, 2016

#Article143: In the case related with Presidential reference to Article 143 of IPC in 2004, arguments are over. Court has reserved the order.

The reference is pertaining to the Punjab Termination of Agreements Act 2004 passed by Punjab, terminating all the water sharing agreements with the neighbouring states.

May 11, 2016

#SheenaBoraMurder: Indrani Mukerjea’s driver Shyamvar Rai has turned approver in the case. He claimed that he was present when Sheena was strangled.

He said, “Sheena Bora was killed by strangulation… I am aware about the acts connected with commission of the offence. I was a participant in the murder,”

CBI has been asked to reply by May 17th.

#CJIConference: Find out about the resolutions adopted after CJI Conference in 2016, 2015, 2013 & 2009: http://supremecourtofindia.nic.in/cjiconference.htm

May 10, 2016

#AadharBill: Petition was filed by former Minister Jairam Ramesh, challenging the decision to treat Aadhar Bill as Money Bill; Court issued notice on the matter, and the case was heard.

When P. Chidambaram argued Aadhar Bill cannot be a money bill, AG Mukul Rohatgi submitted why its filed under Article 32, and said that once speaker has certified Money Bill, it cannot be challenged. P. Chidambaram said that one House of Parliament cant deprive the other House by certifying this as Money Bill. This is affecting the rule of law. Matter listed for 3rd week of July.

May 9, 2016

#MiningBan: After Meghalaya, NGT cracks whip on Rajasthan; directs them ban mining with immediate effect. Asks the Govt. to take appropriate steps to stop this practice.

May 7, 2016

#DelhiCM: Delhi Court has summoned CM Kejriwal for using derogatory word ‘thulla’ for policemen. The court has ordered him to appear in Court on July 14.

#Uttarakhand: Bench at Uttarakhand High Court heard the case of Congress MLAs getting disqualified, and reserved their order. The bench will announce the verdict on May 9th, Monday at 10AM.

May 6, 2016

#NEET: MCI gave seevral suggestions to the Court regarding NEET exam: Govt. colleges can be exempted from common medical test, but for private colleges, it shall be mandated.

Besides, those students who have already appeared for May 1st exam would not be allowed for the second phase in July. Matter has been listed for Monday.

May 5, 2016

#MumbaiMurder: In Keenan-Reuben murder case, all four, guilty of murder, have been sentenced to life imprisonment till death. Keenan’s father said : “Happy with life imprisonment to guilty.

They should live every moment thinking about Keenan-Reuben.

#BangladeshDeathSentence: Bangladesh Supreme Court upholds death sentence for Jamaat leader Motiur Rahman Nizami.

During Bangladesh’s 1971 war of Independence against Pakistan, Nizami was convicted of murder, rape and killing top intellectuals as a militant leader.

May 4, 2016

#TobaccoWarning: Supreme Court has ordered all tobacco companies to immediately implement larger pictorial warning on tobacco products. Supreme Court also lifted stay on Centre’s order for 85% warning granted by Dharwar bench of Karnataka High Court.

The apex court has infact transfered all cases challenging tobacco product warning rule to Karnataka High Court & directed them to announce verdict within 8 weeks.

May 3, 2016

#MurderCase: Bombay HC lambasted both State police & CBI for their their non-satisfactory investigation in different murder cases. State Police was rapped for their laxity in Pansare murder case; while CBI was for their non-serious approach towards Dabolkar murder case.