Posts

Showing posts from July, 2020

Covid-19 and Parliament: Virtual Reality

Demands to hold Parliamentary Committee meetings via video-conferencing have been rejected, citing confidentiality. Can we have a hybrid model where witnesses are examined and the report discussed physically? By Vivek K Agnihotri In the context of a large number of official meetings in public as well as private sector organisations being held through video-conferencing on account of Covid-19 restrictions and precautions, there has been a demand from the chairmen of certain Parliamentary Committees to permit them to hold their meetings virtually. However, it has been reported that the government has refused to allow this, citing confidentiality norms.  The latest demand came from Congress leader and chairman of the Standing Committee on Science and Technology Jairam Ramesh on July 7, 2020. The Committee met physically on July 10. Apart from Ramesh, three other chairpersons of department-related Standing Committees, namely, Shashi Tharoor (Information Technology), Anand Sharma (Home A

Schools insisting on full fees: Madras HC warns of contempt proceedings

Image
New Delhi: Reacting to reports of alleged rampant profiteering amid the COVID disaster by some schools, the Madras High Court has sent a warning of contempt proceedings to schools insisting on full payment of fees. This action of the schools goes against the court’s July 17 order that said payment of fees will be in instalments. The court has not stopped at the warning. It has directed the state to enquire and act upon errant schools. The warning and direction of action came when the state informed Justice N Anand Venkatesh of the court that several complaints had come in from parents that some schools were insisting on payment of full fees. Read Also: SC refuses to pass any interim order on UGC’s stand on Sep 30 exam deadline The court had said on July 17 that schools can ask for 40 percent of the tuition fees while schools remain closed. This amount was payable by August 31. Also, 35% of the fee could be collected two months after schools physically reopened and the pandemic

NGT Dismissed The Application, To Reconsider The Compensation Of Rs.25,000/- Per Person For Displacement

The National Green Tribunal has dismissed the application of Yashashvi Rasayan Pvt. Ltd. Gujarat Base Chemical Company to reconsider the compensation of Rs.25,000/- (Rupees Twenty Five Thousand) per person for displacement of 4800 persons in view of Liberty granted by Supreme Court. The facts of the case is that on 03.06.2020 at Dahej, District Bharuch, Gujarat a massive blast took place in a chemical factory run by Yashyashvi Rasayan Pvt. Ltd. (Company). On account of a fire in the storage tank of the factory, manufacturing several chemicals including Methanol and Xylene which are Hazardous Chemical and eight (08) workers were killed and atleast 50 injured. Bodies of some of the workers inside the factory were charred beyond recognition. An NGO located at Surat mentioning the above facts based on newspaper reports filed an application before the NGT and also mentioned the recent shocking incident of 07.05.2020 in the factory of L.G. Polymers India at Vishakhapatnam where 12 persons d

SC asks Maharashtra to make sure all migrant workers return home

New Delhi: The Supreme Court today asked the State of Maharashtra to take appropriate steps to ensure that stranded migrant workers return to their native places at an early date. A three-judge Bench of Justices Ashok Bhushan, Subhash Reddy and MR Shah took cognisance of the plight of migrant labourers amid the Covid-19 pandemic and lockdown. During the hearing, Solicitor General Tushar Mehta, submitted that subsequent to the apex court’s orders, a substantial number of migrant workers have returned to their hometowns. Whenever, request for running of Shramik Trains was received by the Railways, the trains were immediately provided for. He asked the Court to close the issue of transportation of stranded migrant workers since most of them have returned to their homes, and in case there are still any grievances, aggrieved people can approach the jurisdictional High Court for appropriate relief. In response to Mehta’s submission, the Court responded by saying that it has already made

Charge under IPC can continue irrespective of what PC Act sanctions, rules SC

Image
The Supreme Court has upheld Jharkhand High Court’s order that the charge framed against an accused for offence punishable under the Indian Penal Code can continue irrespective of the fact that sanction in respect of offence punishable under Prevention of Corruption Act, is not forthcoming. A three-judge bench of Justice AM Khanwilkar, Justice Dinesh Maheshwari and Justice Sanjiv Khanna also directed the Trial Court to keep in mind while proceeding with the trial against the petitioner that if sanction to prosecute the petitioner for offence punishable under Prevention of Corruption Act, 1988 is not or has not been granted, the question of proceeding against the petitioner for that charge does not arise. This was also made clear by the High Court in its Judgement. A Special leave petition was filed by an employee/accused of Bharat Petroleum Corporation Ltd , against whom charges were framed by the Trial Court, holding that being the employees of a public sector company are not entit

Call for Blogs: Greener Things: Rolling Submissions

  The post Call for Blogs: Greener Things: Rolling Submissions appeared first on Lawctopus . from Lawctopus https://ift.tt/3k8ahIS

Delhi HC asks DU to clarify how it will arrange scribes for visually challenged students

New Delhi: The Delhi High Court has asked the Delhi University (DU) to clarify how it plans arrange for scribes at (CSE) centres and elsewhere for visually challenged (VH, or Visually Handicapped) students. VH candidates would require scribes to write their papers in the online Open Book Examinations (OBE). The court’s divisional bench of Justices Hima Kohli and Subramonium Prasad noted that only “arrangement of scribes at CSE Centres and elsewhere for the students in the VH category will enable them to participate in the online OBE.” The bench was hearing several petitions about DU examinations. An additional affidavit has been filed by the university and the CSE Academy on the data collected for the first two days of the Mock Test held on July 27 and 28. Senior Advocate Rungta, appearing for the petitioner, said 189 students have requested the DU to arrange scribes for them. The university, however, had informed the court at the last hearing that the CSE Academy is required to arr

Internship Opportunity by Lawyers Not Lawyering: Applications Open

  The post Internship Opportunity by Lawyers Not Lawyering: Applications Open appeared first on Lawctopus . from Lawctopus https://ift.tt/2Xe5U4V

Man, who allegedly made hate posts, gets advance bail

New Delhi: The Delhi High Court today granted anticipatory bail to Zafarul Islam, chief of the Delhi Minority Commission, in pursuant to an FIR filed against him for allegedly posting communal statements on social media. A single judge bench of Justice Manoj Kumar Ohri noted that Zafarul had earlier duly cooperated in the investigations. An FIR has been filed against him under section 124A and 153A of the Indian Penal Code charging him for Sedition and Promoting Enmity between groups. The FIR has been filed for the post stating,  “…Mind you, bigots, Indian Muslims have opted until now not to complain to the Arabs and Muslim world about your hate campaigns and lynching and riots. The day they are pushed to do that, bigots will face an avalanche.” Earlier, the court stated that  ‘no coercive action’ should be taken against Khan till the next date of hearing. The court also directed the Delhi Police that prior notice be given to Khan well in advance if he has to be called for an invest

Professional Certificate in PreMBA Essentials for Professionals by Imperial College London [6 Months, Online]: Enroll Now

  The post Professional Certificate in PreMBA Essentials for Professionals by Imperial College London [6 Months, Online]: Enroll Now appeared first on Lawctopus . from Lawctopus https://ift.tt/338YDHz

Delhi Lt Gov okays panel of 6 lawyers to help Delhi Police in riots cases

Image
Solicitor General Tushar Mehta will lead a posse of lawyers, including Additional Solicitors General Aman Lekhi, SV Raju, and Chetan Sharma, apart from lawyers Amit Mahajan and Rajat Nair will represent Delhi Police in the Delhi Riots cases. This was decided by Lieutenant Governor Anil Baijal these six lawyers would be the key people in dealing with the several cases pending in various courts. They will cover the Anti-Citizenship Act protest cases, as well as the North-East Delhi Riots cases. Such a panel had been rejected by Delhi government cabinet, but Baijal has disregarded that cabinet decision. This panel has to be approved by the President, citing “differences of opinion”. Read the notification here; – India Legal Bureau The post Delhi Lt Gov okays panel of 6 lawyers to help Delhi Police in riots cases appeared first on India Legal . from India Legal https://ift.tt/3giJPd3

Tripura HC orders identification parade of patients who had heckled doctor

Agartala: The Tripura High Court has directed the state police to record statements and conduct an identification parade (TI) to identify persons who had attacked West Tripura district surveillance officer Sangita Chakraborty and her medical team when she went to the COVID care centre for admission of patients afflicted with the disease with their newborn babies. Justice Arindam Lodh was hearing the anticipatory bail petition by the additional government advocate Karnajit De, who was under treatment at the corona care centre when the incident took place. After hearing the facts and arguments the court opined that this kind of act and commission are not only detrimental to the sentiment, safety and security of the doctors and her staff, the frontline warriors of the nation, but also detrimental to the interest of the entire society. He added, there was no “reasonable apprehension” that the petitioner would be arrested and ordered the TI parade. “Needless to say, Doctors are in the fr

Virtual Mediation Competition by LawInternships and AILSF NGO [Aug 15-17]: Register by Aug 5

  The post Virtual Mediation Competition by LawInternships and AILSF NGO [Aug 15-17]: Register by Aug 5 appeared first on Lawctopus . from Lawctopus https://ift.tt/2XdgJEA

Socio-Legal Forum’s 1st National Article Writing Competition on Mental Health: Submit by August 10

  The post Socio-Legal Forum’s 1st National Article Writing Competition on Mental Health: Submit by August 10 appeared first on Lawctopus . from Lawctopus https://ift.tt/313wQpf

National Online Criminal Law Quiz Competition by KLE Society’s Law College [Aug 10-11 ]: Register by Aug 5

  The post National Online Criminal Law Quiz Competition by KLE Society’s Law College [Aug 10-11 ]: Register by Aug 5 appeared first on Lawctopus . from Lawctopus https://ift.tt/33a0bkA

National Level Online Quiz Competition 2020 by Siddhartha Law College [Aug 6]: Register by Aug 5

  The post National Level Online Quiz Competition 2020 by Siddhartha Law College [Aug 6]: Register by Aug 5 appeared first on Lawctopus . from Lawctopus https://ift.tt/2EDvslN

LLM Consultancy at Lawctopus

  The post LLM Consultancy at Lawctopus appeared first on Lawctopus . from Lawctopus https://ift.tt/3hbuBHw

Webinar: CLAT Masterclass 2020: For a Cause by NLSIU and IDIA Karnataka [July 31, 5 PM]: Register Now!

  The post Webinar: CLAT Masterclass 2020: For a Cause by NLSIU and IDIA Karnataka [July 31, 5 PM]: Register Now! appeared first on Lawctopus . from Lawctopus https://ift.tt/2DqKdHK

Jamaat case: Delhi HC allows state police to travel to Kolkata for investigation

New Delhi: The Delhi High Court has allowed the Delhi Police to investigate and conduct an inquiry against foreign nationals, members of the Tablighi Jamaat, following the notices issued under Section 41A of the Code of Criminal Procedure. The single bench of Justice Anup Jairam Bhambhani, while hearing the criminal writ petition filed by 59 foreign nationals from Bangladesh, Indonesia and Thailand, allowed the Delhi Police go to Kolkata and conduct the investigation. Through this criminal writ petition the court has been asked to quash the notice issued by the crime branch of Delhi Police under Section 41A of the CrPC. The petitioners have also demanded cancellation of the Look-Out Circular (LoCs) issued by the Immigration Bureau against them. They are currently charged with an offense under Section 3 of the Epidemic Diseases Act, Acts read with Section 51/58 (1) of the Disaster Management Act, Section 188 (1) (b) Section 188/269/270 / Section 271/336/308/304/120 B of the Indian Pen

SC Bans Sale of BS IV Cars Till Further Orders

New Delhi: The Supreme Court bench led by Justice Arun Mishra today banned the registration of BS-IV vehicles till further orders. The judge expressed displeasure over the large number of vehicles that were sold in March, saying something “fraudulent” may have taken place. In its last hearing the court wasn’t convinced of the permission sought by dealers about returning the unsold inventory of BS-IV vehicles to the manufacturers so that they could be exported to other countries. The inventory pileup, as per the dealers, was due to the slowing economy, combined with the impact of the COVID-19 outbreak and consequent lockdowns. The automobile sector has been one of the worst affected in this. –  India Legal Bureau The post SC Bans Sale of BS IV Cars Till Further Orders appeared first on India Legal . from India Legal https://ift.tt/39GxA7A

Kerala HC dismisses PIL against gatherings at places of worship

New Delhi: The Kerala High Court yesterday dismissed a PIL that challenged a government order allowing a gathering of up to 100 persons at places of worship. The PIL contended that the state government is not competent to permit any religious congregation, whether by fixing 100 as a maximum limit or not, because there is an absolute bar on religious assembly. The petition was filed by Advocates Jayakumar TV and Mansoor BH. The division bench of Chief Justice S. Manikumar and Justice Shaji P. Chali observed that the petitioners had not made out a case for declaring the order illegal, but challenged the compatibility of the government to issue certain guidelines. The court said: “One will have to give a meaningful intent when the Central government has issued guidelines for opening activities in religious places/places of worships for public, whether a person belongs to Hindu/Muslim/Christian or any other religion.” The contention that there was an absolute bar on religious assembly

SC refuses to pass any interim order on UGC’s stand on Sep 30 exam deadline

New Delhi: The Supreme Court’s three-judge bench led by Justice Ashok Bhushan today refused to pass any interim order on the impasse created by the Universities Grant Commission’s (UGC) decision to stick to its September 30 deadline for exams to be held within this pandemic, amid students’ clamour that they be cancelled and marks with internal assessment be given. The matter comes up again on August 10. Within the hearing, Justice Bhushan commented that nobody should assume that exams would be suspended just because “we are hearing this. Nobody should be under the impression that they cannot prepare. Students should prepare for the exam.” Senior Advocate Abhisekh Manu Singhvi, arguing for one of the 31 petitioners, a student, said: “Many universities have been converted into COVID-19 centres. This has happened in Maharashtra and West Bengal. Bar Councils too have cancelled exams. The July 6 guidelines ignore the MHA guidelines too. Heavens will not fall if exams are cancelled.” He s

Delhi riots: Delhi HC allows trial court’s 60-day extension for police probe

New Delhi: The Delhi High Court bench of Justice Suresh Kumar Kait today dismissed a plea of ex-Congress councillor Ishrat Jahan, which challenged the trial court order of allowing Delhi Police an extension of 60 days for investigation into the Delhi Riots case against Jahan. The court also granted anticipatory bail to Dr Zafarul Islam Khan, former chairperson of the Delhi Minorities Commission, in connection with the sedition FIR lodged against him. The Court said, “The proviso of Section 43-D of the Act stipulates that if it is not possible to complete the investigation within the period of 90 days, the Court may if it is satisfied with the report of the Public Prosecutor indicating the progress of the investigation and the specific reasons for the detention of the accused beyond the said period of 90 days, extend the period upto 180 days. The prosecutor has to see whether the professed requirement of the investigating agency is justified. This justification, is based not only upon

SC says salaries of all quarantined docs to be paid by Aug 10

New Delhi: The Supreme Court today observed that states should be penalised for non payment of salaries of doctors in statutory quarantine. The court ordered that all such dues should be paid by August 10. The court’s bench led by Justice Ashok Bhushan was hearing an urgent impleadment application by United Resident and Doctor’s Association (URDA) which said that urgent intervention by the court was needed as salaries for many states have not been paid and low risk classification is being made between doctors. This goes against the top court’s order of June 17, which had directed all states to strictly pay salaries to all doctors and health workers. Despite the court’s order, the application states that the salaries have not been paid by some states. Senior Advocate KV Vishwanathan, arguing for the petitioner, said that this high risk and low risk classification has no basis. Solicitor General Tushar Mehta said that following the court’s June 17 order, Delhi, Maharashtra, Punjab, T

Transfer Rajput death investigation to CBI, says petition in Patna HC

New Delhi: A letter petition has been placed before the Chief Justice of the Patna High Court seeking transfer of investigation from the Patna State Police to the CBI in the Sushant Singh Rajput death case, according to reports reaching here. The petition has been written by Advocate Pawan Prakash Pathak and Gauraw Kumar and states that investigations being carried out by Bihar and Maharashtra Police have raised a number of serious questions in the minds of public and it is now not clear whether it was a murder or a suicide. It has further been stated that in order to ascertain the facts it is essential that a thorough, fair and impartial investigation be done in order to serve justice to the deceased, his family and his fans. It has also been stated that there are two states investigating the same matter and in the interest of justice there should be single investigation agency which is not possible as the Bihar Police and the Maharashtra Police are not collaborating with each othe

Jogesh Chandra Chaudhuri College’s Webinar on ADR [Aug 1-2]: Register Now!

  The post Jogesh Chandra Chaudhuri College’s Webinar on ADR [Aug 1-2]: Register Now! appeared first on Lawctopus . from Lawctopus https://ift.tt/313S1aG

Delhi HC makes sure resident docs’ salaries are paid on time

New Delhi: The Delhi High Court has directed the North Delhi Municipal Corporation to file utilization certificate for Rs 8 crores to be released for the payment of stipend/emoluments to resident doctors from March 2020, in a plea filed regarding the issue of payment of salary to the Resident Doctors in Delhi. A divisional bench of the Delhi HC comprising the Chief Justice D.N. Patel and Justice Prateek Jalan appreciated the stand taken by the GNCTD for further release of an amount of ₹8 crores irrespective of the proper proposal to be given by the North DMC in a proper format. The Court took cognizance in this matter to deal with the issue pertaining to outstanding payment of salary/stipend to the resident doctors in Delhi. Counsel appearing for the North DMC submitted that “they have paid the salaries to the regular doctors up to April 2020 and to the resident doctors up to May 2020.” The counsel further added they have already approached the Delhi Government to release further a

Petition against fuel tax fails in law, but so does VAT on diesel price

New Delhi: A petition in the Delhi High Court was dismissed as withdrawn today, after the court found that the petitioner had quoted incorrect law. The petition was about “irrational and unjustified taxes” in the form of excise and VAT on petrol and diesel prices. The irony of it all was the immediate – though, certainly not connected – news that the Delhi government today held a press conference and announced that it has reduced the VAT on diesel by 16.75 percent, down from 30 percent. Diesel prices will now fall by Rs. 8.36 per litre, from the current Rs 81.95 per litre. Prices were hiked in May. The court’s bench of Chief Justice D.N. Patel and Justice Prateek Jalan, while hearing the petition through video conferencing, alerted the counsel appearing for the petitioner for quoting incorrect law. The bench further warned him that it will impose a cost for doing so. The petition was filed by Susheel Mahajan through advocates N. Pradeep Sharma and Harsh K Sharma, seeking directions

Webinar on Contractual Performance in Good Faith by Law College Dehradun [Aug 5, 3:30 PM]: Register Now!

  The post Webinar on Contractual Performance in Good Faith by Law College Dehradun [Aug 5, 3:30 PM]: Register Now! appeared first on Lawctopus . from Lawctopus https://ift.tt/2P9yAaV

Law Addicts’ 1st National Virtual Level Moot Competition on LGBTQI Rights [Aug 22-23]: Register by Aug 8

  The post Law Addicts’ 1st National Virtual Level Moot Competition on LGBTQI Rights [Aug 22-23]: Register by Aug 8 appeared first on Lawctopus . from Lawctopus https://ift.tt/2Pb3sYO

Professional Certificate in Communication Skills by Rochester Institute of Technology [2 Months, Online]: Enroll Now!

  The post Professional Certificate in Communication Skills by Rochester Institute of Technology [2 Months, Online]: Enroll Now! appeared first on Lawctopus . from Lawctopus https://ift.tt/39HkDum

Fusion Law School: 8 Courses on Intellectual Property, Designed by Partners of Top Law Firms for Rs. 4,999 [Original Cost Rs. 25K] : Apply by Aug 2

  The post Fusion Law School: 8 Courses on Intellectual Property, Designed by Partners of Top Law Firms for Rs. 4,999 [Original Cost Rs. 25K] : Apply by Aug 2 appeared first on Lawctopus . from Lawctopus https://ift.tt/314btnw

Call for Papers: Journal of Intellectual Property Studies [Vol IV, Issue 1] by NLU Jodhpur: Submit by Aug 30

  The post Call for Papers: Journal of Intellectual Property Studies [Vol IV, Issue 1] by NLU Jodhpur: Submit by Aug 30 appeared first on Lawctopus . from Lawctopus https://ift.tt/2X5uOnt

‘Social activist’ in jail on gangrape charges

New Delhi: A Gorakhpur court has convicted Parvez Parvaz, a 65-year-old social activist, and another on charges of gangrape and sentenced him to life imprisonment. Parvaz had, in 2017, moved the high court against Yogi Adityanath, who was then an MP from Gorakhpur, alleging that he had given a hate speech. A District and Sessions court convicted Parvaz and Mahmood, alias Jumman Baba, and sentenced them to life terms, said Parvaz’s lawyer Miftahul Islam. District Judge Govind Ballabh Sharma in his judgment that “they took the poor and hapless woman” to an isolated place in the name of  jhaad-phoonk  during Ramzan and took turns to rape her. In addition, the court also fined the two accused Rs 25,000 each which would be provided to the victim for her rehabilitation.  Parvaz’s colleague Asad Hayat said they would challenge the conviction in the Allahabad High Court, as there had been a “violation of the principle of natural justice,” because several facts and evidences in the case pr

Kerala HC’s friendly advice to US citizen wanting to stay on

New Delhi: The Kerala High Court has refused to provide any relief to Johnny Paul Pierce, a 74-year-old US citizen who had sought extension of his stay in India as he feels safer in Kerala than in America. The high court refused his petition on the ground that granting or extending the limit of visa to foreign nationals is the exclusive domain of the Government of India. Pierce’s visa is valid till January 26, 2025, but as per the norms of the visa, he can stay only up to 180 days on a single visit in India. He arrived in Kerala on February 26. This means he has to leave India before August 26. He will be allowed to come back. Pierce had also made a representation to the immigration commissioner and registration officer of foreigners to allow him to extend his stay after lockdown was imposed in the wake of the COVID 19 pandemic. He said that he saw business opportunities in Kerala (he is in Kochi), and sought to convert his tourist visa into a business visa, without following the pr

SC dismisses plea seeking CBI probe into Sushant Singh Rajput’s death

New Delhi: The Supreme Court today dismissed a plea seeking a CBI probe into Bollywood actor Sushant Singh Rajput’s death. The bench comprising Chief Justice SA Bobde, Justice AS Bopanna and Justice V Ramasubramanian was hearing a petition filed by Alka Priya seeking CBI probe into the incident. The petitioner submitted that Sushant was a good person and had sponsored several children to NASA. The bench however said that investigation has nothing to do whether a person was good or bad. Moreover, the matter is being investigated by Mumbai Police. The bench while dismissing the petition said: “Let the police do its job. It has nothing to do with whether a person was a good person or a bad person. It is also about jurisdiction. Approach Bombay HC if you have anything concrete.” Sushant’s father K.K Singh on July 25 filed an FIR against Rhea Chakraborty who happened to be his girlfriend, under various sections of the Indian Penal Code (IPC) including those pertaining to abetment of sui

CARA NOC not needed for Hindu adoptive parents taking child from biological parents

New Delhi: The Punjab and Haryana High Court has ruled that a no-objection certificate (NOC) from the Central Adoption Resource Authority (CARA) or to follow a procedure under the Juvenile Justice Act, 2015 is not required if the Hindu adoptive parents has adopted a child directly from biological parents of the child. According to reports reaching here, this verdict has been given by Justice Nirmaljit Kaur in a case where the Passport Authority had refused passport to a minor girl, adopted in accordance with the Hindu Adoption and Maintenance Act (HAMA), on the ground that a NOC from the CARA or photocopy from a recognised Indian placement agency was required. Sukhvinder Singh Nara, counsel of the petitioner, contending on behalf of the petitioner submitted that the NOC from the CARA was not required as Juvenile Justice (Care and Protection of Children) Act clearly stated that its provisions would not be applicable to an adoption made under the provisions of the HAMA. Justice Kaur,

Woman arrested for killing own 4-year old daughter

A woman was arrested by the police on July 27 in Pimpri Chinchwad, Pune for killing her own four-year-old daughter. Reports quote the police as saying that the woman had confessed to her husband about what she had done. She had said that it was done in a fit of anger when child got a bit too mischievous. She could not control her anger and banged the head of the child on a wall. And, as if that wasn’t enough, she had also strangulated her, the police said. -India Legal Bureau The post Woman arrested for killing own 4-year old daughter appeared first on India Legal . from India Legal https://ift.tt/2D4HJ21

RGNUL Book Series’s Workshop on Competition Law [1-2 Aug]: Register Now!

  The post RGNUL Book Series’s Workshop on Competition Law [1-2 Aug]: Register Now! appeared first on Lawctopus . from Lawctopus https://ift.tt/313QVLZ

Webinar on Filing a Writ Petition by Philomath [Aug 1, 4:00 PM]: Register Now!

  The post Webinar on Filing a Writ Petition by Philomath [Aug 1, 4:00 PM]: Register Now! appeared first on Lawctopus . from Lawctopus https://ift.tt/3jTbIe2

SCRIBBLEX-2020: 1st National Legal Article Writing Competition by ASP Legal: Register by Aug 8

  The post SCRIBBLEX-2020: 1st National Legal Article Writing Competition by ASP Legal: Register by Aug 8 appeared first on Lawctopus . from Lawctopus https://ift.tt/2ZtFldw

Delay in Delhi smog tower has SC fuming

New Delhi: The Supreme Court bench of Justices Arun Mishra, BR Gavai, and Krishna Murari today, directed the Centre to explain why the smog tower project, envisaged to bring the pollution in Delhi under control has not been completed in time. There was a time frame of three months allowed by the court for this, and this was not adhered to. The bench was furious and said: “We will not tolerate this laxity.” The project was to be overseen by IIT, Bombay. Solicitor General Tushar Mehta explained that the IIT, the Central Pollution Control Board (CPCB) and other technical consultants were contacted. He explained that an MoU is in place, waiting to be “digitally signed” by all concerned. They, then, would be bound by the MoU. About the three-month time period, Mehta said he learns that it was “not physically possible… The drawing of the tower will be made available by IIT Bombay in two months. The technical part will take three months and setting it up will take 10 months.” Mehta tried

SC tags BJD plea against animal culling to Kerala elephant death case

New Delhi: The Supreme Court today issued notice in a plea seeking action against the practice of encouraging and rewarding the killing of wild animals, declared as “vermin killing” in India. A Chief Justice of India SA Bobde-led bench of the Supreme Court has decided to tag a plea filed by BJD MP Anubhav Mohanty, seeking action against practice of encouraging & rewarding the killing of wild animals (vermin killing), with the tragic death of a pregnant elephant in Kerala in May. During the hearing today the CJI was looking at options. He said: “There’s no doubt that we need to preserve our crops. A man eating animal should be killed. There is no doubt about that. We need information about what forest officials have done to tackle this. Suggest what other options are there to scare away animals.” Addressing Senior Advocate Sidharth Luthra, the CJI said: “See if this is happening because the lands which are occupied have been done so as to take over the land of animals.” Luthra a

Rajasthan Speaker in SC again, against HC’s stay order

New Delhi: Rajasthan Legislative Assembly Speaker has moved the Supreme Court, challenging the Rajasthan High Court’s order directing the Speaker to maintain “status quo” on disqualification of Sachin Pilot and 18 other Congress MLAs. Rajasthan Legislative Assembly Speaker CP Joshi in his petition before the Apex Court has challenged the July 24, order of the Rajasthan High Court, where the Court while admitting the plea of Congress MLAs, ordered a status quo before the Speaker even adjudicated the disqualification proceedings before him. Restraining the Speaker from performing his constitutional duties under the Tenth Schedule is a direct intrusion by the High Court into the domain exclusively reserved for the Speaker under the Tenth Schedule of the Constitution. According to the petitioner, High Court’s order is exfacie unconstitutional and in the teeth of the law declared in the landmark judgement of Kihoto Hollohan v. Zachillhu. The order is also a direct interference in the ‘pro

Vikas Dubey aide Gopal Saini surrenders in Mati court

New Delhi: Gopal Saini, one of the accused and one of dead gangster Vikas Dubey’s key aide, absconding from the July 3 killing of eight policemen Kanpur, has surrendered at the Mati district court of Kanpur, it was learnt. During the shootout, apart from the other seven policemen, a deputy superintendent of police was also killed. Read Also : Plea In Bombay HC For SIT In Rajput Death Case The manhunt ended in Dubey ‘surrendering’ in Ujjain, Madhya Pradesh, but being later gunned down in an ‘encounter’ with UP police after MP Police had transferred the gangster to them. This ‘encounter’ will now be investigated by a three-man commission set up by the Supreme Court. – India Legal Bureau The post Vikas Dubey aide Gopal Saini surrenders in Mati court appeared first on India Legal . from India Legal https://ift.tt/2EsTNdL

Plea in SC seeking removal of words ‘Socialist’ and ‘Secular’ from Preamble

A petition has been filed before the Supreme Court by lawyers Dr Balram Singh and Karunesh Kumar Shukla and social worker Pravesh Kumar asking for the removal of the words “Socialist” and “Secular” from the Preamble Constitution. The applicants, who filed this petition through advocate Vishnu Shankar Jain, have claimed that these words came from the Communist philosophy of Karl Marx and were political in nature, not suited for a country where people have been given full rights to practice whatever religion they wish to. The applicants say that no citizen can be “compelled” to be secular under the same Constitution, which guarantees the freedom to practice religion, as per Article 25. The changes were brought about in the 42nd Constitutional Amendment Act, 1976 through which the words “socialist” and “secular” were inserted into the Preamble of the Constitution. The plea says this was “per se illegal for violating the concept of freedom of ‘Speech and Expression’ enumerated in Artic

NGT’s Rs 64 Lakh Compensation Award To Kin Of Gas Leak Victim In Kolkata

Kolkata, July 30 : In one of its biggest compensation verdicts, the National Green Tribunal has ordered the Greater Calcutta Gas Supply Corporation Limited (GCGSCL) to compensate the kin of a dead Presidency College (University) student Sumantika Banerjee to the tune of Rs 64 lakh. The first year MSc student of the University died in her sleep in her paying guest accommodation near to the University in 2015. The reason for death was a gas leak. She was found dead in her room, while her roommate was found unconscious. That fateful morning, Sumantika’s father rang her but did not get a response. He dialled the landlady to check on Sumantika. The door of the room had to be broken and the two were found lying unconscious. When they were rushed to the hospital Sumantika was declared dead. Read More : Central Vista Project: SC asks Centre to reply to Divan’s environment clearance objection Kolkata Police’s forensic experts detected an “unpleasant and obnoxious gas” which was fatal in lo

Plea In Bombay HC For SIT In Rajput Death Case

Mumbai, July 30: A petition has been moved before the Chief Justice of Bombay High Court for an independent investigation or an SIT headed by a retired Judge in the Sushant Singh Rajput suicide case. The petition has been filed by Supreme Court advocate Sarthak Nayak and ‘Let us Talk Foundation’ head Kanchan Rai. The petitioner says that they have found loopholes into the Mumbai police investigation so far and has also brought forth some jurisdictional issues. They have also said that there is an apprehension of bias and that, in the interest of Justice, the case must be transferred. Meanwhile, Rajput’s father, through his lawyer, has filed a caveat in the Supreme Court, so all action is notified. In another development, the team of Patna Police now in Mumbai, has swung into action and has recorded the statement of Rajput’s cook. The cook was one of the first who noticed the death in the morning of June 14. The cook had contacted security of the building. A keysmith was called to

SC says no to offline CLAT exams

New Delhi: The Supreme Court today dismissed a plea seeking directions for conducting the Common Law Admission Test (CLAT) through offline mode. A three judge bench of Justices L. Nageswara Rao, Hemant Gupta and Ravindra Bhat refused to hear the plea by Adv Mitul Jain. The petitioner contended that the CLAT committee had initially decided to hold the exam offline but now it is going ahead with the online test. The lawyer argued that the move will prevent students who do not have access to computers to sit for the admission test. The CLAT committee had decided to conduct the exam online due to COVID19. The exams had been postponed several times and the Consortium of National Law University has decided to hold it on August 22. The consortium had decided to conduct the exam on an online, computer-based, centre-based mode. Previously it was conducted in pen-and-paper mode. Read More: Soz was never detained, claims J&K administration before SC The revised date of the law admissi

Legal Content Writer Internship by RevvSales: Applications Open

  The post Legal Content Writer Internship by RevvSales: Applications Open appeared first on Lawctopus . from Lawctopus https://ift.tt/3ggUEws

Remembering veteran freedom fighter and socio-spiritual personality Pt SN Bhan

Speaking at the remembrance anniversary function of veteran freedom fighter and socio-spiritual personality of Kashmir Pt SN Bhan. Kashmir is the keystone of our heritage and finds mention in the oldest scriptures. Kashmir is an integral part of Indian civilization. It is not a statement but an impassioned avowal. Kashmir was considered the abode of Saraswati, the highest seat of learning in India, and was also referred to as Sharda Peeth. So much so that students on graduating from Kashi would take four symbolic steps towards Kashmir, denoting their aspiration for higher learning. Almost the entire body of Sanskrit literature has its origins in Kashmir. Swami Vivakananda visited twice Kashmir Valley and spent his time in Khirbawani temple. It is the spiritual personalities like Pt. SN Bhan who founded Kashmir’s Ramakrishna Mission and a ardent devout of Mata Kheerbawani in his life time who inspired the Kashmiri generations and kept alive the richest spiritual & cultural heritage

Earthquakes: Delhi HC queries govt, NDMC on what has been done to make houses safe

New Delhi: The Delhi High Court today directed the Delhi government and NDMC to submit status reports on steps taken to make sure that buildings in the city are complying with the guidelines for the seismic stability of their structures. The divisional bench of the Chief Justice D.N. Patel and Justice Prateek Jalan, hearing through video conferencing, also directed the respondents to submit an action taken report on buildings violating the guidelines framed regarding earthquakes. An application has been filed by Arpit Bhargava in connection with the earthquakes noticed in Delhi between April 12 and June 4. The petitioner submitted: “The respondents are not serious in their endeavours to comply with the directions of this court to take time-bound action in order to save the lives of people of Delhi.” Read Also : Central Vista Project: SC asks Centre to reply to Divan’s environment clearance objection The petitioner further submitted that urgent directions are needed to be issued to

Soz was never detained, claims J&K administration before SC

New Delhi: The Jammu & Kashmir Union Territory administration today filed an affidavit in the Supreme Court, saying that political detainee Saifuddin Soz neither detained nor has been under house arrest after abrogation of Article 370 in the valley. In this, the administration has completely denied Soz’s wife Mumtazunnisa’s claim in the Apex Court that Soz has been under house arrest. The UT’s home department has said the former Union minister was never under any kind of restraint, and that he was always free to move. In its affidavit, the home department’s Special Secretary has said: “There is no restriction on movement of Prof Saifuddin Soz to any place, subject to security clearance which is contingent upon law and order and security situation of that area. Prof Soz has never been placed under any detention, as alleged.” Senior Advocate AM Singhvi argued: “They claim in para 5, 7 & 13 said he is free but, it’s contrary to facts. Soz was kept in illegal house detention. N

Central Vista Project: SC asks Centre to reply to Divan’s environment clearance objection

New Delhi: The Supreme Court bench headed by Justice AM Khanwilkar today gave the Union of India time to file its response to Senior Advocate Shyam Divan’s writ that raises objections to the Environment Clearance (EC) given to the Central Vista Project of the Union government on June 17.   The court has given Divan a week to file the petition and asked the Centre to reply within a week of receiving that plea. The matter has been posted for the week commencing August 17. “We don’t know if physical hearings will commence then,” the court commented. The court also allowed Divan to file an appeal in the NGT. The court said it was “maintaining the preliminary objections already raised.” In court, Divan argued: “This case is primarily against the change in land use. There was an environmental clearance granted on June 17 about the project. Now my client says that we have a statutory remedy against it. This is a large project which requires a number of clearances. So there are multiple ca

Daksha Dialogues on Emerging Careers in Policy and Law [July 30, 6 PM]: Register Now!

  The post Daksha Dialogues on Emerging Careers in Policy and Law [July 30, 6 PM]: Register Now! appeared first on Lawctopus . from Lawctopus https://ift.tt/3jLUDCR