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The Supreme Court dismissed the plea of former ICICI Bank Chief Executive Officer and Managing Director Chanda Kochhar challenging her termination. Justice Sanjay Kishan Kaul said this falls within the realm of private contract between the bank and employee and dismissed it. Senior advocate Mukul Rohatgi, who appeared for Chanda Kochhar said the Delhi High Court dismissed my petition and its completely wrong. He said, “My client is the MD of ICICI Bank. It was not open to the bank to take total action against me of my earlier retirement and virtually recalling my retirement and others .” Challenging the HC decision, Rohatgi said, “The question of maintainability has to be examined. I wanted to show you two different clauses and one doesn’t apply to me and there is no prior approval against me. “ To this, Justice Kaul said, “We wanted to know Mr Rohatgi the role of the RBI in the case.” Rophatgi replied, “Mandate of the statute, and the RBI has to go with this. Without the prior app

The Supreme Court has set aside the directions issued by the National Commission for Protection of Child Rights (NCPCR) to district magistrates and collectors across the country to send back children from children’s homes to their parents in view of the Covid-19 outbreak. The NCPCR had made the direction on October 9 this year. Justices L Nageswara Rao and Hemant Gupta heard the suo motu petition on the conditions of child protection homes across the country during the pandemic. The court said the Central government, through Solicitor General Tushar Mehta, had said children from protection homes shall not be sent back to their homes without scrutiny. The restoration of children shall be made only after complying with the provisions of the Juvenile Justice Act, the court said. The order came days after the court asked for a second opinion on NCPCR’s direction asking for restoration of children lodged in children homes. SG Mehta said the Centre has set aside NCPCR’s directions to Distr

The Supreme Court on Tuesday heard the plea challenging the affixing of posters outside the homes of Covid-19 patients which said it is a violation of the fundamental right to privacy. Solicitor General Tushar Mehta said the Central government had filed its affidavit on November 30 in which it cleared its stand on the issue that such posters or notices should avoid having the photo of the person. The three-judge bench of Justices Ashok Bhushan, R Subash Reddy and MR Shah has listed the matter for hearing day after tomorrow. On the previous occasion, the bench had asked the Centre to file an affidavit seeking response on the issue within a period of 2 weeks. The plea filed by advocate Kush Kalra had challenged the affixing of posters outside the homes of coronavirus patients as a mark of identification, as well as divulging names of such patients to housing societies’ management and Resident Welfare Associations. The petitioner submitted that such disclosure of the identity of patien

The Karnataka High Court observed that the right of an individual to marry any person of his/her choice irrespective of caste or religion is a fundamental right enshrined in the Constitution of India. The court said this while ordering the release of a woman in a Habeas Corpus Petition filed by her lover Wajeed Khan. Ramya G. is staying at the Mahila Dakshatha Samithi, Vidyaranyapura following her complaint to the Janodaya Santwana Kendra alleging infringement of her right to liberty caused by her parents relating to her marriage with the petitioner. A division bench of Justices S Sujata and Sachin Shankar Magadum disposed of the Habeas Corpus Petition filed by Wajeed Khan seeking the release of his lover Ramya from confinement. The woman stated that she has decided to marry the petitioner who is a colleague of hers, working at IQVIA as a software engineer. The mother of the petitioner, Sreelakshmi, has no objections to the marriage of her son Wajeed Khan with her. However, her pare

The Haryana Government’s decision to include 26 villages of the district in the Faridabad Municipal Corporation has been challenged by the Sarpanch Association of Villages in the Punjab and Haryana High Court. The petition sought a stay on the Haryana government’s decision. The association stated that the Registrar General of India ordered on July 28, 2020 that the limits of all administrative units for the Census be freezed until March 31, 2021. According to the order, the limits of the corporation cannot be reduced or increased. In such a situation, the inclusion of villages in the corporation by the Haryana government is directly against the decision of the Centre. Along with this, the petitioner said the villages, which are to be included in the corporation, have been opposing it since the beginning and have not even passed the proposal to join the corporation. The petitioner also claimed that the corporation is not able to take care of its wards properly and is planning for its

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PIL moved in the supreme court to direct Election Commission on NOTA, plea seeks fresh election if maximum votes polled in NOTA. Calcutta High Court observes in NDPS case hearing of undertrial in jail for 5 years, court says, right to bail is constitutionally mandated right…calls for report on undertrials. Punjab and Haryana High Court passes strictures against derogatory remarks made against females of Scheduled Caste, says freedom of speech doesn’t entitle a person to make derogatory remarks against any community or gender. The post Video: Calcutta HC on NDPS case hearing, SC to direct Election Commission on NOTA appeared first on India Legal . from India Legal https://ift.tt/3fRYxZc

New Delhi: The Supreme Court bench headed by Justice Sanjay Kishan Kaul on Tuesday will hear the bunch of petitions by G.S. Mani & Anr. against Andhra Pradesh CM YS Jaganmohan Reddy after he wrote a letter to the CJI making allegations against Judges of Supreme Court and the High Court and released the contents of letter in media. Previously on November 16, the matter was listed before the three-judge bench of Justice UU Lalit, Vineet Saran and S. Ravindra Bhat. But Justice UU Lalit recused himself from hearing the matter. He said: “As a lawyer, I had represented these parties in litigation. I cannot take up this matter. Let this matter be listed at the earliest before any other judge decided by the CJI.” Therefore, on December 1, the petitions are listed before the three-judge bench of Justices Sanjay Kishan Kaul, Dinesh Maheshwari and Hrishikesh Roy. The petition has been filed by GS Mani, Sunil Kumar Singh and Anti Corruption Council of India Trust to initiate Contempt of Cou

New Delhi : The Delhi High Court on Tuesday will hear a plea seeking a direction to the National Crime Records Bureau (NCRB), to recognise and classify Transgenders as a separate third gender in their Annual Publication of Prison Statistics India.  The petition is listed for virtual hearing before the bench of the Chief Justice DN Patel and Justice Prateek Jalan. The petition stems from the landmark judgment of the Supreme Court in Case of National Legal Services Authority V Union of India, AIR 2014 SC 1863 had unequivocally given legal recognition to the transgenders, in addition to declaring their right to self-determination of gender. The Apex Court had further held that recognition of one’s gender identity lies at the heart of the fundamental right to dignity, and the self-identified gender can be either male or female or third gender.  The petition has been filed by Advocate Yash Mishra, Advocate Akhil Hasija & Advocate Manyaa Chandok of Alliance Law Group. The petitioner

The Punjab and Haryana High Court on Thursday dismissed the bail petition of an accused charged with making insulting and objectionable comments on Facebook to create disharmony in society. The single bench of Justice Alka Sarin passed this order while hearing a petition filed by Vijender Kumar under Section 439 of the Code of CrPC, 1973 for grant of regular bail in FIR No.485 dated 13.08.2020 under Sections 153-A, 295-A, and 505 of IPC and Section 3(1)(V) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 registered at Police Station City Hansi, District Hisar. The facts of the case are that the FIR was lodged on the complaint made by Savita Kajal and Kuldeep Bhukkal wherein it has been alleged that Savita Kajal uploaded a post of Babasaheb Bhimrao Ambedkar on her Facebook ID and petitioner made insulting and objectionable comments on the post to create disharmony in society. It is further the allegation that the petitioner uses filthy language and

The Kerala High Court on Friday has clarified that any investigation or arrest under the Immoral Traffic (Prevention) Act, 1956 has to be conducted only by a Special Police Officer authorised for the same . It has been observed that there is no provision in the Act that empowers such a special officer to authorise the investigation of the case to be conducted by any other Police officer. The single bench of Justice MR Anitha made this observation in an application for quashing of FIR filed by a lodge owner, who was booked under the Act. The Circle Inspector of Police, Perinthalmanna conducted a search in the lodge run by the petitioner and found that the accused were inside the lodge rooms engaged in prostitution for money. The accused were arrested and the case was registered. Thereafter, Circle Inspector, Pandikkad conducted the investigation, questioned the witnesses, and filed charges under Section 3, 4, 5, and 7 of the Immoral Traffic (Prevention) Act. It is claimed by the pe

The Punjab and Haryana High Court on Thursday dismissed the petition filed against NCB, the BSF Director Rakesh Asthana and former Chandigarh DGP Tajinder Luthra in the case for filing a fake FIR to force the petitioner to withdraw the complaint.   The Court said Asthana was never appointed in Chandigarh and if Luthra was transferred from Chandigarh in 2018, how could he influence the investigation of Chandigarh Police. The High Court further said that thus taking the names of high officials only seems to be a means of creating pressure.  Petitioner dentist Mohit Dhawan submitted that the American citizen of Indian-origin Gertrude D’Souza contacted the petitioner for treatment through e-mail and the surgery was done on August 12, 2017. After the surgery, she did not pay the fees and threatened him that she was close to Rakesh Asthana and asking for money would cost him his life.   Later, the woman returned to the United States after which the Chandigarh Police repeatedly threatened

The Allahabad High Court approved anticipatory bail in the case of demanding extortion money of Rs 5 lakh by Mohd Umar alias Makkhi, the driver of former MP Atiq Ahmed. The anticipatory bail application has been filed by Mohd. Umar @ Makkhi, in Case Crime No. 689 of 2020, under Sections 386, 352, 323, 504, 506, 120-B I.P.C., Police Station Dhoomanganj, District Prayagraj. The counsel for the applicant contended that co-accused, Ali Ahemad, has been granted anticipatory bail by this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.6589 of 2020. The case of the Applicant stands on identical footing, hence the applicant is also entitled to anticipatory bail on the ground of parity, the applicant has definite apprehension that he may be arrested any time. This order has been given by Justice Siddharth after hearing Advocate Mohammed Sahab Ali. A FIR has been lodged at Dhumanganj Police Station by Zaid against Petitioner and 5 others including Atiq Ahmad alleging

The Bombay High Court on Friday disapproved of a Collector’s order allowing a congregation of 200 people for an event hosted by the Serva Sewa Sangh amid the Covid-19 pandemic. The Division Bench of Justice SB Shukre and Justice AG Gharote made this observation while dismissing a Petition filed through Advocate AS Athalye had challenging the permission given by the Collector to the Trust to organise a social gathering in Wardha, despite directions from the state government to prohibit all large public gatherings and congregations. Earlier, the Court passed an elaborate order on 25.11.2020, while observing that by the order, the Collector committed a breach of the orders of the State Government dated 30.09.2020 and 29.10.2020, and granted liberty to introspect and revise the order. The collector revised the order granting permission to hold a small gathering of persons not exceeding 50. The Counsel for the Petitioner Ashwini Athalye submitted that even the revised order does not fu

The Supreme Court on Wednesday will hear a plea seeking direction to the Centre to not levy service tax on Hajis who perform Haj through Haj Group Operators (HGO) and further to exempt them from service tax category as performing Haj is a religious activity. ( All India Haj Umrah Tour Organizer Association, Mumbai Vs Union of India &. Ors.) The petition is filed by Advocate on record Gaurav Agarwal and listed for virtual hearing before the bench of Justices A. M. Khanwilkar and S. Ravindra Bhat. The petitioner, which is an association of Haj Group Organizers (HGOs) facilitates the Haj and Umrah religious ceremonies of pilgrims (Hajis) from India to Saudi Arabia. Petitioner has filed this writ petition seeking- inter alia, a writ/ order/ direction declaring that the levy of service tax on the pilgrims (Hajis), who undertake religious pilgrimage of Haj and Umrah in the Kingdom of Saudi Arabia, is unconstitutional, infringing fundamental rights of the Hajis enshrined in Articles 14

A PIL has been filed in the Supreme Court seeking directions to the Election Commission of India to declare elections null and void in any given constituency if the maximum votes polled are in favour of NOTA and hold new elections. The PIL demanded restricting the candidates in the invalidated election from taking part in the fresh election. The petition has been filed by Advocate Ashwini Kumar Upadhyay. He submitted that out of 539 MPs, 233 MPs (43%) have declared criminal cases against them. Out of the 542 winners analysed after the 2014 election, 185 (34%) had declared criminal cases against themselves, and out of 543 winners analysed after the 2009 Lok Sabha elections, 162 (30%) had declared criminal cases against themselves.  Petitioner asserts that it is a serious matter of concern to both democracy and rule of law because 43% of MPs have criminal cases against them. In turn, it causes irreversible harm to a noble profession, the public interest.  “A convicted and imprisoned l

A public interest litigation has been filed before the Madhya Pradesh High Court highlighting the wastage of farmers’ produce and irregularity in collection and storage of grain. The case was heard by the Division Bench headed by Acting Chief Justice Sanjay Yadav in which the Ministry of Consumer Affairs, Food Corporation of India and the Principal Secretary, Food and Civil Supplies, have been made parties. Counsel Himanshu Mishra filed the case on behalf of Jabalpur activist Krishak Gulab Singh. Mishra said that every year hundreds of tonnes of grain rot in the warehouses of the country and the godowns have not been used to save the produce of farmers. When a complaint comes to light, an inquiry is made by handing over the investigation to the Economic Offences Wing (EOW) or sometimes the matter arises in the assembly or Parliament. However, in the end, the file is closed and the duty is over, counsel added, without resolving the issue. Earlier, the Supreme Court also took very ser

The Allahabad High Court has summoned DIOS Ghazipur for stopping the salary of a principal and a Class III employee without any valid reason. They have been asked to explain the reasons under which legal provision they have given such an order. This order has been given by Justice Yashwant Verma on the petition of Arvind Kumar Sharma, Class III employee of Kirturay Inter College, Ghazipur. The petitioner said the school’s principal suspended Anil Kumar Singh, a Class IV employee of the school. He was later dismissed. The employee did not file any appeal against this order. Despite this, the DIOS ordered the cancellation of the suspension order for about a year. And instructed the petitioner to apply for the salary of the dismissed employee. Since the employee was dismissed before the order of the DIOS, the petitioner did not pay his salary. On this, the DIOS issued an order to withhold the salary of the school principal and the petitioner. The petitioner further contended that the

New Delhi: Supreme Court lawyer Mahavir Bansal has written a book titled “Hindi Mother of English: Believe or not?” which covers almost 40 languages of the world including 22 Indian languages. The book is available online on Amazon Kindle and on Amazon and has been ranked 35 among the best-selling books by Amazon. The author describes that the book shall provide for a new era of language understanding, proximity and connectivity of world languages with Hindi-Sanskrit. “The most complex rule ‘Vowel between two consonants’ which has more exceptions than the rule has been fully reconciled i.e. without exception,” he said. He said that the whole world shall be a beneficiary and shall taste a new real relish and zest flavour of the language with real etymology. The following is an excerpt from the book which is divided into 14 voluminous chapters, 6 poems one on the USA (describing its geography, history and etymology of words) and contains 4000 pages. “We frequently use words e.g.:

Amid the surge in Covid-19 cases, the Rajasthan government has imposed a night curfew from 8pm to 6am within urban limits of 13 districts for the period of December 1 to 31. The lockdown shall remain in force in containment zones till December 31, said the government officials. The list of 13 districts include Jaipur, Jodhpur, Kota, Udaipur, Alwar, Bhilwara, Bikaner, Pali, Nagore, Ajmer, Tonk, Sikar and Ganganagar. All the marketplaces, workplaces and commercial complexes will remain closed from 7 pm, unless a special permission is obtained from the officer authorised by the District Collector in this regard. Rajasthan govt imposes curfew from 8 pm to 6 am within urban limits of dist HQ towns of Kota, Jaipur, Jodhpur, Bikaner, Udaipur, Ajmer, Bhilwara, Nagore, Pali, Tonk, Sikar & Ganganagar from 1st to 31st Dec. Markets, workplaces & commercial complexes to close by 7 pm, except – pic.twitter.com/3scfqG4yVv — ANI (@ANI) November 29, 2020 However, the state government

The Gujarat High Court held that imposition of fine on not wearing masks is not acting as a sufficient deterrent among the people and the State Government may consider making violators work at Covid-19 centres. The division bench of Chief Justice Vikram Nath and Judge JB Pardiwala said this while hearing a PIL filed by Advocate Vishal Awtani. The bench has asked the Government to submit a reply in the petition. The bench, while commenting on the case of people leaving the house without masks, said that it is necessary to tell such people the fear of the law. If punishment should be given to such irresponsible people by sending them to Covid centers, they will not forget to wear masks for life. The court said that they believe that those caught without masks should be sent 10-15 days to do non-medical service at Covid Care Center along with their penalties instead of being released after the punishment. If strict rules are brought, people will follow the rule of wearing masks. This w

The Delhi High Court on Friday allowed the anticipatory bail application of an accused charged with rape after the victim’s mother expressed that she had no objection to it since the petitioner has married the prosecutrix. A single judge bench of Justice Manoj Kumar Ohri passed the order while considering the anticipatory bail application filed under Section 438 of CrPC on behalf of Roshan seeking anticipatory bail in FIR No. 0416/2020 registered under Sections 376/313 of Indian Penal Code at Police Station Bhajanpura, Delhi. Counsel for the Petitioner Lokesh Kumar Mishra submitted that the FIR has been lodged on account of misunderstanding between the parties and the complainant has already given request for re-recording of her statement under Section 164 of the Criminal Procedure Code. He further submitted that the petitioner is a government servant. It was further submitted that although the alleged incident was committed between January 2020 to June 2020, however, the FIR came to

By Kenneth Tiven in the USA Joe Biden obviously meant it when he made a commitment to racial, gender and ideological diversity in top advisory positions. While many of the named choices have experience working with him when he was vice president, Indian Americans are the flavour of the transition review teams. Neera Tanden, lawyer, political consultant, writer and an outspoken critic of President Trump, is an Indian-American whose parents immigrated to Massachusetts in the late 1960s. She will be the Director, Office of Management and Budget (OMB), only the second woman and now the first Indian-American in that post.  This is an extremely powerful position. Currently, she is the chief executive of the Center for American Progress, a liberal think tank. OMB with 530 staff is the largest office within the  Executive Office of the President of the United States . It produces the budget the President submits to Congress, and then oversees compliance with the programs and policies. Think

Rajasthan Chief Minister Ashok Gehlot on Sunday wrote a letter to Prime Minister Narendra Modi urging him to reconsider farm laws. He asked PM Modi to hold talks with farmers and informed him of the amendments made by the Rajasthan government in three laws to protect the interest of the farmers. Ashok Gehlot said the GDP growth rate has been -7.5 per cent in the second quarter of 2020-21, while the agriculture sector has increased by 3.4 per cent. He said farmers are making a great contribution to the economy and their interests should be kept in mind. They should not be rewarded with water cannons, lathi charges and tear gas shells. In the letter, Gehlot wrote that the Central government brought these three laws without discussion with farmers and experts. The demand made by the Opposition parties in Parliament about sending the then Bills to the Select Committee was also ignored by the government. Rajasthan Chief Minister Ashok Gehlot writes to PM Narendra Modi over recent farm

Supreme Court senior lawyers HS Phoolka, Rajiv Khosla and others gathered outside the court in support of farmers agitating against the new farm laws, and condemned the action taken by the Haryana government on Sunday in Delhi. The demands of the farmers are valid and the government should accept these demands, said the senior lawyers. Each and every citizen of the country has the right to protest, saying farmers belong to certain political parties is extremely irresponsible, said advocate Phoolka. Many of the farmers are from my village, he said. What the Haryana government did was wrong instead the government should heed the demands of the farmers, added Phoolka. The Haryana government had attempted to block the farmers’ passage to Delhi by erecting barricades, turning the water cannon on them and ordering lathicharges to break the farmers’ resolve, several farmers outfits said. Senior lawyer Rajiv Khosla, supporting the Dilli Chalo Andolan of farmers, said the government has cons

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An FIR has been filed against a man in Bareilly for forcibly trying to convert a woman to Islam for the purpose of marriage. This is the first case registered against love jihad in the country and it came just a day after Uttar Pradesh Governor Anandiben Patel approved the ordinance against the practice. The case was filed after the victim’s father complained to the police. The woman’s father, a resident of Deorania village, lodged a complaint against Uwais Ahmed and said he befriended his daughter when they were studying. He added that Ahmed was forcing his daughter to convert and get married to him. He said that Ahmed had threatened to kill his family members if he opposed the marriage. An FIR has been registered against him at Deorania police station and action has been initiated. Earlier on Saturday, the Uttar Pradesh Governor Anandiben Patel gave assent to the ordinance against forcible conversions. According to an official, Unlawful Conversion of Religion Ordinance, 2020 has be

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A recent case in Haryana confirms that abetment to suicide is a very dubious section. In many cases, causes of suicide are psychological and societal and should be dealt with accordingly and legal tests should be used before prosecution. By Rajbir Deswal A woman superintendent of police and two other policemen have been booked for abetting suicide of a former corporator of the BJP, in Panipat, Haryana. The unprecedented happening, portending larger implications on the state police, has been described by VN Rai, a former director at the National Police Academy, Hyderabad, who retired from the rank of DGP in Haryana police, as “complete failure of police leadership in the state.” He adds: “To my mind, booking their own district SP by criminalising a lawful act of the police, is not just an act of surrender to political expediency (the person committing suicide was a member of the ruling party) but also a show of professional bankruptcy on the part of police leadership.” It is very rar

New Delhi (ILNS): The Patna High Court has directed the state government to file a detailed report on the action being taken to control the Corona Pandemic in the state. The report has to reach the court by December 8. The division bench of Chief Justice Sanjay Karol and Justice S. Kumar, while hearing the petitions of Dinesh Kumar Singh and others said that the absence of Corona in Bihar is a mere myth. The petitioner’s advocate, Dinu Kumar, submitted that the CT scan and MRI machines in Bihar government medical hospitals are working on a PPP mode and so patients have to spend money to undergo tests. He also submitted that about 40 percent of the reports in the Corona test are not correct and there is a shortage of RT-PCR test kits in the state. The Court observed that the biggest challenge before the Government is to change the mindset of the people of Bihar and break the myth amongst the local populace that- “Bihar Corona ko Khaa Gaya Hai.” “Bihar is a highly populated State. Ne

New Delhi (ILNS): The Central government has constituted an Apex Committee for Implementation of Paris Agreement (AIPA). The AIPA has been constituted for the purpose of ensuring a coordinated response on climate change matters that protects the country’s interests and ensures that India is on track towards meeting its climate change obligations under the Paris Agreement. The committee shall function to define responsibilities of concerned ministries for achieving India’s NDC goals and receive periodic information updates to monitor, review and revisit climate goals to fulfil the requirements of the Paris Agreement. It will also develop policies and programmes, if required, to make India’s domestic climate actions compliant with its international obligations.   India is a party to the United Nations Framework Convention on Climate Change (UNFCCC) whose objective is to achieve stabilisation of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous ant