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The Centre on Thursday notified the appointment of Chief Justice of the Andhra Pradesh High Court, Justice Jitendra Kumar Maheshwari, to the Sikkim High Court as its new chief justice. The Sikkim High Court Chief Justice Arup Kumar Goswami has been appointed as Chief Justice of the Andhra Pradesh High Court to replace Justice Maheshwari, separate Law Ministry notifications issued on Thursday said. The Supreme Court Collegium had recommended the transfers on December 14. Earlier, Justice Rakesh Kumar of the Andhra Pradesh High Court had expressed concern over the timing of the Collegium’s proposal to transfer Chief Justice Maheshwari. The post Andhra Pradesh HC Chief Justice transferred to Sikkim, Sikkim HC Chief Justice moved to Andhra appeared first on India Legal . from India Legal https://ift.tt/37Zoh3o

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The Delhi High Court on Wednesday stayed the notice of the Central government to Padma Vibhushan popular Kathak artist Pandit Birju Maharaj to vacate the government residence given by the Central government. According to the notice of the Centre, Pandit Birju Maharaj was supposed to vacate the government house by December 31, 2020. A Single bench of Justice Vibhu Bakhru passed this order while hearing a Petition filed by Pandit Birju Maharaj. The bench on Wednesday stayed the notice issued by the Ministry of Housing and Urban Affairs till the next hearing in which several eminent personalities were asked to vacate the government accommodation. The court has sought response from all the parties in the matter and has given a date for January 22, 2021 for further hearing. According to the petitioner Birju Maharaj, was allotted government accommodation because of his achievements. Based on the notice, they came to know that this allotment has been canceled and now they have to vacate t

Rejecting the State Government’s plea seeking recusal of Justice Rakesh Kumar from hearing a batch of petitions challenging the sale of government land, the High Court of Andhra Pradesh made several scathing observations on the transfer of judges by the Supreme Court Collegium and the attempts of the Y.S. Jaganmohan Reddy-led government to undermine the High Court. The order was passed by Justices Rakesh Kumar and D. Ramesh on an affidavit filed by  Additional Advocate General Sudhakar Reddy on behalf of IAS Officer Pravin Kumar, director (full additional charge) of Mission Build AP, seeking recusal of Justice Kumar alleging  that the Judge  had made particular observation, which is quoted herein below: “How could the Government auction the properties of the State, had Government become bankrupt to auction Government properties. We will declare there is a break down of constitutional machinery in the State and hand over administration to the Central Government.” Justice Kumar, howeve

The National Green Tribunal has constituted a Joint Committee to ensure the proposal of the State for the construction of the medical college and riverfront development takes place in accordance with the law, without damage to the flood plains of the River Mahanadi, Cuttack. (Dilip Kumar Samantaray Vs State of Odisha Board & Ors) A bench comprising NGT chairperson Justice Adarsh Kumar Goel, Justice Sheo Kumar Singh (Judicial Member), Dr S.S. Garbyal (Expert Member) and Dr Nagin Nanda (Expert Member) said, “In view of the averments made by the applicant that the riverbed is proposed to be affected by setting up of the Medical College or other permanent construction in the floodplain of the river, there is a need to prevent irreversible damage to the riverine ecology by enforcing the applicable rules, if any. If there are no rules, appropriate norms need to be laid down considering such norms in other similar situations in consultation with the experts.”  The Court has directed fo

The Supreme Court will hear the plea filed by Goa Congress chief Girish Chodankar seeking a direction to the Goa Assembly Speaker to dispose of the disqualification petition filed against 10 BJP MLAs in a timely manner. A bench led by the Chief Justice S. A. Bobde, Justice A. S. Bopanna and Justice V. Ramasubramanian will hear the petition on January 4, 2021. The petition has been filed against the Speaker Goa Legislative Assembly and 10 MLAs namely, Chandrakant Kavalekar, Isidore Fernandes, Nilkanth Halarnkar, Jennifer Monserrate, Antonio Fernandes, Francisco Silveira, Wilfred DSA, Clafasio Dias, Filipe Rodrigues and Atanasio Monserrate.  The petitioner claimed that these 10 MLAs had moved over from the Congress to the BJP and the disqualification petition filed against them for defection has been lying pending before the Speaker for over nine months excluding the period of lockdown.  The post SC to hear plea seeking direction to Goa Speaker to decide on petition for disqualificati

The Supreme Court will hear the petition filed by medical aspirants seeking direction to allow them to upload online applications for MBBS/BDS courses under the Competent Authority Quota, “A” Category as the same was denied by the Dr NTR University of Health Sciences due to late processing.  The petition has been filed by K Abdul Gani Shaikh aand Davvuri Saladi Spandana against the orders passed by the Andhra Pradesh High Court, which had dismissed their petition.  The matter came up before the vacation bench of Justices Indira Banerjee and Aniruddha Bose on Wednesday. The bench listed the matter before the regular bench on January 4, 2021.  The petitioners contended in their petition that though they are eligible for making the online applications for admission into MBBS and BDS courses under “A” Category, because of Covid-19 pandemic and as some of the family members of the petitioners fell sick apart from other ailments, they could not upload their applications online in time. Wh

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The Andhra Pradesh High Court has dismissed a plea filed against several Cabinet Ministers and Andhra Pradesh Chief Minister Y.S. Jagan Mohan Reddy for visiting the Tirumala Tirupathi Devasthanam Temple being a non-Hindu. A single judge-bench of Justice Battu Devanand noted, “Recently, the respondent has participated in the prayers in a gurdwara at Vijayawada. Can he be treated as professing the “Sikh” religion? Does one become a “Christian” just by having a biblical name or just by attending a Church sermon? Can one be called as a ‘Christian’ just because they read the Bible or have the Crucifix in their house? Admittedly, the answer will be negative.” The petition has been filed by Alokam Sudhakar Babu under Rule 136 of the Andhra Pradesh Charitable and Hindus Religious Institutions and Endowments Act, 1987 alleging that the Chief Minister is Christian by religion and has violated the state’s law by entering the temple without giving a declaration. Under Rule 136, non-Hindus are o

The pardoning spree by the US president has gone to absurd lengths and there is speculation he may even pardon himself, thereby kicking in a constitutional crisis. This power now needs wholesale legal engineering. By Jana Kalyan Das, Sandeep Devashish Das and Ninad Dogra No other American president has brought the institution of presidency to such great public ridicule as the 45th one, Donald John Trump. American constitutional history reveals that the only issue which troubled the delegates at the Philadelphia Convention related to the presidency. The pressing need to have an “energetic yet dignified” executive capable of enforcing national laws firmly, and one who would lend a note of stability to the new government was the dominant consideration. While some delegates at the Convention favoured a plural executive, others opted for a one-man executive. The final decision on the presidency was hence the result of a compromise. The president was to be single and independent of the l

A single bench of Justice Mohammad Faheem Anwar has dismissed the bail application of a rape accused, said to be the third such plea, saying the situation did not change. During the hearing of the case, advocate Rajkamal Chaturvedi appeared on behalf of the applicant Hariram, resident of Bijawar, Chhatarpur, Bhaskar Pand appeared on behalf of the state to oppose the application. The applicant’s counsel argued that the police of Bijawar police station of Chhatarpur lodged the FIR against the applicant under Sections 363, 366, 376, 442, 506 of IPC and Section 3-4 of the POCSO Act. On November 14, 2018, the applicant’s bail application was dismissed on the basis of merit. After which he had again approached the High Court. On July 26, 2019, the second bail application of the accused was rejected. Due to which, the applicant had moved the High Court through the third bail application in 2020. In the FIR lodged by the victim’s family, it has been alleged that the minor daughter was miss

A public interest litigation has been filed in the Uttarakhand High Court on Wednesday, against the acquisition of 1,072 acres of agricultural university land for the new airport at Pantnagar. After this, the Court has directed the state government, Pantnagar University and the Aviation Ministry to file replies within two weeks. The division bench of Acting Chief Justice Justice Ravi Malimath and Justice Alok Kumar Verma, passed this order while hearing a petition filed by Keshav Singh Passi, a resident of Udham Singh Nagar. The petitioner states that a new airport is proposed to be built on the south side of Pantnagar University of Agriculture and Technology. For this, 1,072 acres of land of Pantnagar University are being acquired. After the formation of the state, about 4,300 acres of the land of Pantnagar University has been acquired for non-agricultural purposes. Due to this, the identity and existence of Pantnagar University, the father of the Green Revolution, has come under t

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Noted lawyer SANTOSH KUMAR RUNGTA, conferred with the senior advocate title by the Delhi High Court in 2011, is a source of inspiration for other law students or aspiring lawyers with disabilities. Rungta was born with leukaemia which he overcame after a long fight, but lost his eyesight when he was barely one-and-a-half years old. Suffering discrimination in his own home, he never gave up and continued his studies, realising early in his life that the law profession was where his salvation lay. He graduated from the University of Kanpur and became a lawyer. He joined the National Federation of The Blind, where he was elected Secretary General in 1978. Rungta pursued his LLM from the University of Delhi, eventually enrolling at the Delhi Bar in 1982. He has been fighting a battle for the differently abled for the last three decades. It was Rungta’s petition in 1993 that resulted in the Supreme Court allowing visually handicapped candidates to write their civil examinations in Braille,

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Senior Advocate and Member of Parliament Vivek K Tankha will be awarding merit students today. Home Minister Shri Tamradhwaj Sahu being the Chief Guest, the event will be organized in Bemtara, Chattisgarh at 11 AM on December 31. A charity flight is also to be for the special children in collaboration with Flybig by Justice Tankha Memorial Rotary Institute for Special Children and Rotary Club of Jabalpur. The event will also be attended by Flybig CMD Sanjay N Mandavia. -India Legal Bureau The post Merit students to be awarded by Sr. Adv. Vivek K. Tankha today appeared first on India Legal . from India Legal https://ift.tt/2JvdYL0

In a sign of hope, courts have taken a progressive view of such marriages and left it to individuals to decide who they should marry. In some cases, states have been pulled up for their narrow views. By Shivam Sharma There can be “no interference if an adult marries as per her choice, converts and refuses to return to her parents”, the Calcutta High Court said recently while hearing the plea of a Hindu man whose 19-year-old daughter had converted to marry a Muslim youth. The bench comprising Justices Sanjib Banerjee and Arijit Banerjee was hearing a petition moved by the father, a peasant from Durgapur village in Nadia district. He said that his daughter left home on September 15 saying she was going to the bank and the next day he learnt that she had converted, adopted a Muslim name and got married. He further alleged that his daughter was either coerced into doing so or lured. On an FIR filed by the father, the police had produced the woman before a judicial magistrate, where she

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The Uttarakhand High Court has set aside the acquittal of three accused by a trial court and sentenced them for a period of one year and six months. The Court observed, “Merely because an accused is deaf and dumb does not make him innocent, or place any doubt on the recovery made from him.” This is an appeal filed by the State which arises out of judgment and order dated 04.03.2013 passed by Sessions Judge, Udham Singh Nagar in Sessions Trial No. 306 of 2011, whereby the three accused, namely, Smt. Phoolwa, Muni Maharaj and Shiv Raj who were charged and faced trial for an offence under Section 304 (read with Section 34 of IPC), have been acquitted by the trial court. The complainant has lodged an FIR against the accused namely, Ms. Phoolwa, and her two sons Muni Maharaj and Shiv Raj that had beaten up her husband on some dispute regarding cutting of few branches of a tree. When an alarm was raised by her husband, other neighbours, namely, Dhaneshwar, Kailash and others came to his re

The government on Wednesday extended the dates for filing income tax returns to January 10 from December 31 for individual tax payers and the date for filing tax return by companies has been extended to February 15, 2021. The decision to extend the deadline was taken in view of the challenges faced by taxpayers in meeting statutory compliances due to Covid-19 outbreak. The deadline for filing income tax return for individuals had been extended to December 31 from the previous November 30 deadline, which was an extension from the usual July 31 limit. Additionally, to provide relief to small and middleclass taxpayers, the due date for payment of self-assessment tax has been extended to February 15, 2021. In view of the continued challenges faced by taxpayers in meeting statutory compliances due to outbreak of COVID-19, the Govt further extends the dates for various compliances. Press release on extension of time limits issued today: pic.twitter.com/lMew09HXMq — Income Tax India (@

The Calcutta High Court on Tuesday has issued health guidelines for preventing New Year’s celebrations like Durga Puja, Kali Puja and Chhath Puja to prevent spread of coronavirus infection. The High Court has directed the West Bengal government and Police to take steps to control congestion at Park Street and other prominent places in Kolkata. On Christmas, huge crowds were witnessed in various Districts of Bengal including Kolkata. People were seen walking and picnicking in violation of physical distancing norms. The doctors had expressed serious concern over the condition. He had said that due to this the infection of corona is expected to spread very fast. The same picture can be seen again in the New Year celebration. Keeping this in mind, the High Court has issued health guidelines like Durga Puja and Kali Puja for the New Year celebrations. A division bench of Justice Moushumi Bhattacharya and Justice Kaushik Chand said the State Administration and Police should take steps

The Jammu and Kashmir High Court has held that non-communication of the fact that the detenu has a right to make an effective representation to the Detaining Authority against the detention order so long as the order of detention has not been approved by the Government constitutes a violation of the valuable right of the detenu under Article 22(5) of the Constitution. A single judge bench of Justice Sanjay Dhar noted, “The respondents have not adhered to the legal and constitutional safeguards while passing the impugned detention order against the detenu.” The petition has been filed by Nazir Ahmad challenging an order of the District Magistrate placing him under preventive detention directing his lodgement in Sub Jail, Hiranagar alleging that the “Detaining Authority has passed the impugned detention order mechanically without application of mind, inasmuch as the grounds of detention are a mere reproduction of the dossier.” The petitioner further argued that “Constitutional and Sta

The Jammu and Kashmir High Court has imposed a cost of Rs 5000 on the Commissioner/Secretary of the Animal and Sheep Husbandry Department. The division bench of Chief Justice (Acting) Rajesh Bindal and Justice Sanjay Dhar was hearing a Public Interest Litigation filed by NGO Save Animal Value Environment, seeking the closure of unregistered slaughterhouses and meat shops in the state.  In this case, the bench had on November 19 directed the commissioner to appear in-person before the Court on Tuesday, but he did not appear. Therefore, the High Court has imposed the fine on him.  Senior Additional Advocate General S.S. Nanda clarified in favour of departmental officer. He said that according to the status report, the Animal Husbandry Department has nothing to do with the slaughterhouse.  Therefore, the Commissioner Secretary of the Department should be exempted from appearing. The Court bench found that only the status report has been submitted by the Director of the Department in t

The Himachal Pradesh High Court has dismissed the regular bail application filed by a man accused of raping a minor girl of 15 years, who was allegedly raped by six other men including the petitioner. A single-judge bench of Justice Anoop Chitkara said, “On merits, given the allegations levelled by a child aged 15 years alleging rape by as many as seven young males including the petitioner is not a case for bail.” During the hearing, the Counsel appearing for the petitioner submitted that he wants to draw attention of this Court to certain evidence.  The Court said, the perusal of the petition reveals that no such evidence is annexed with it. Therefore, in case the petitioner wants to refer to any evidence, then he may annex the same and cannot argue it in the present bail petition.  The Court noted in its order that the status report reveals the age of victim as 15 years. The investigation also reveals that seven boys on various occasions committed sexual intercourse with her. The

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The Allahabad High Court has granted anticipatory bail to two advocates Fahad Alim and Adil Suhail Zaidi along with two others, Waqas Usmani and Asiful Haq, allegedly involved in a case of firing and assault on the informant.  The Court has sought the response of State Government and directed it to file counter-affidavit within three weeks. The Court put up this matter for hearing on January 21, 2021, and directed the release of petitioners on interim anticipatory bail till then in the event of their arrest.  The allegations in the FIR are that the applicants came in two vehicles and fired on the informant twice but luckily he was not injured. It has further been alleged that the informant was beaten by the applicants by legs, fists and arms till he got unconscious and fell on the ground. Thereafter, they eloped in their vehicles.  A single bench of Justice Siddharth passed this order while hearing the anticipatory bail application filed by Waqqas Usmani and three others. The Couns

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The Madhya Pradesh High Court has sought the response of the State Government on a plea filed by Mohammed Ganja aka Hasnain Quaraishi challenging the action against him under the National Security Act (NSA).  The Division Bench of Justice Atul Sreedharan and Justice Vijay Kumar Shukla issued notice to the state government to file reply in this regard within two weeks.  The petition has been filed by Mohammad Hasnain alias Ganja, a resident of Damoh’s butcher Mohalla through Advocate Manoj Chaturvedi and Vijay Raghav Singh. The Counsel argued that arbitrary action has been taken against the petitioner.  This case does not meet the criteria that is required for the action of the NSA. The petitioner is not such a big criminal that because of him the security of the country is endangered or normal life is being severely affected, claimed the petitioner. During the hearing, it was informed that Damoh Collector has taken action against the petitioner on December 14, 2020. The petitioner

The Supreme Court today has decided to hear a plea filed seeking Permanent Commission for women officers in the Navy who are due to retire on December 31, 2020. Meanwhile, the Apex Court stayed the release of those ten women officers who are scheduled to retire on December 31. The Court will hear the plea in January, along with other similar petitions filed for women officers in the Army. A division Bench of Justices Indira Banerjee and Aniruddha Bose on Wednesday decided to place the matter before a regular Bench without any prejudice to the rights and contentions of the party. The plea has contended that permanent commission has been denied to women officers in the Navy in non-compliance of the Apex Court’s judgement in February 2020. The Supreme court on February 17 had directed the Indian Army to grant Permanent Commission to women officers who want to be considered for the same, while observing that excluding women completely from command appointments and allowing them in staff

The PIL against the demolition of the Hanuman temple located near the Allahabad High Court will be heard on January 12, 2021. The division bench of Chief Justice Govind Mathur and Justice S.D. Singh, while hearing the Petition directed the Petitioner to file a supplementary Affidavit with in two week. Petitioner’s Advocates V.C. Srivastava and Sharad Chandra Mishra requested the Court that some such facts have come to the information which is necessary to put them before the Court through Affidavit for hearing the Petition. The Petitioner’s Advocate argued that the temple is built before the independence of the country. Therefore, his condition cannot be changed. In the map given by Prayagraj Development Authority, the park is shown instead of the temple. In such a situation, it is not necessary to remove the temple in the name of development. The temple cannot be removed for the park. The temple can be beautified by bringing greenery around the temple. The temple demolition action

The petitioner/detenu, Parvaiz Ahmad Kuchay moved to the High Court through his brother Waseem Ahmad Kuchay challenging the detention order passed against him by the District Magistrate, Shopian. The petitioner submitted that the order was passed without the application of mind by the detaining authority, because the order of detention passed against the detenu from acting him in any manner prejudicial to the security of the State/Country, whereas the grounds of detention contented that the acts of detenu are highly prejudicial to the maintenance of the public order.  It was submitted by the counsel appearing for petitioner that the impugned detention order was passed on both expression, viz.  “acting in any manner prejudicial to the security of the State” and “acting in any manner prejudicial to the maintenance of public order”, which reflects non-application of mind on the part of the detaining authority.” A single-judge bench headed by Justice Tashi Rabstan has said, “the expressi

The Allahabad High Court has granted anticipatory bail to Advocate Arpit Bisht who was allegedly involved in a case of assault upon a policeman with 5-6 other persons and snatching of his gun while he went for investigation of a case in ICICI Bank, Sector-18 Noida.  The Court has sought the response of government and directed it to file counter affidavit within three weeks. The Court put up this matter for hearing on 21/01/2021, and directed to release petitioner on interim anticipatory bail till then in the event of his arrest.  A single bench of Justice Siddharth passed this order while hearing the Anticipatory bail Application filed by Advocate Arpit Bisht. In case of his arrest, the Applicant, Arpit Bisht, shall be enlarged on interim anticipatory bail in Case under Section- 395 I.P.C., Police Station- Noida Sector-20, District- Gautam Budh Nagar. on his furnishing personal bond of Rs. 50,000/- and two sureties each of like amount before the Station House Officer of Police Stat

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The Supreme Court on Wednesday issued notices to State of Andhra Pradesh and Registrar of High Court on a plea challenging the pre-requisite condition of 3 yrs of practice as an advocate to be eligible for the Civil Judge Exam in Andhra Pradesh.  The Court however refused to pass an interim order on the plea. The bench comprising Justices Indira Banerjee and AniruddhaBose was hearing a plea filed by Regalagadda Venkatesh, an aspirant to the Civil Judge post in the Andhra Pradesh State Judicial Services who has sought for quashing of Rule 5 (2)(a)(i)of the Andhra Pradesh State Judicial Service Rules, 2007 notified on 28.07.2017 being in violation of Article 14 and 21 of the Constitution of India. Advocate Aditya Soni appearing for the petitioners today submitted that “ t here was a time when law used to be the last option & here is a child trying for second consecutive years. ” Justice Indira Banerjee replying to Soni said “ Fortunately, law has become one of the most competitiv