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The Supreme Court today has dismissed a PIL seeking directions to Central & State Govts to allocate separate & adequate funds for smooth & impartial functioning of Judicial system while stating “we can’t interfere & don’t want to give any such directions to Central Govt.” A three-judge bench headed by the Chief Justice N.V. Ramana, and Justices A.S. Bopanna & Hrishikesh Roy was hearing the plea filed by Advocate Reepak Kansal which has sought directions to the Central and the State Governments to allocate a percentage of the annual budget to the judiciary who will spend the amount itself depending upon the priorities for such spending. The plea also sought directions for the constitution of a separate Secretariat with the Supreme Court and High Courts to manage the funds allocated to the Judiciary.  The petitioner alleged that “in the last 70 years, there has been no proper allocation of funds adequate with the corresponding increase in population, legal awareness

By Na Vijayashankar The Information Technology Act (Intermediary Guidelines and Digital Media Ethical Code) 2021, notified on February 25, 2021, has come up against a legal hurdle in various states for its constitutionality. Two cases have been filed in the Madras High Court , first by the Carnatic musician TM Krishna and then by the Digital News Publishers Association, a 13-member collective of the biggest news media companies. Two cases have also been filed in Delhi High Court , one in Karnataka and two in Kerala. While the ministry of information and broadcasting is quietly collecting information about digital publishers and encouraging setting up of a self-regulatory framework, the ministry of electronics and information technology does not need to take any action as non-compliance of the rules only prevents an intermediary from using the safe harbour provision in Section 79 of ITA 2000/8. Section 79 is not a penal section and it cannot be used to book an offence. However, if an

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A petition has been filed in the Supreme Court, seeking review of its June 22 judgement, only to the extent that it is applicable to Private/Patrachar/Compartment Students. The plea sought cancellation of proposed Class 12 CBSE exams for Private/Compartment/Patrachar students. The petition also sought declaration of results of Class 12 CBSE Private/Compartment/Patrachar students using the objective assessment formula adopted for regular students within July 31. The review petition was filed by Advocate Mamta Sharma, who sought striking down of clause 29 of the Policy decision dated June 17, notified by CBSE and directions for declaration of results of Private, Patrachar and compartment students on the basis of objective methodology by July 31. After the direction of Apex Court vide notification dated June 1, CBSE cancelled Class XII Board examinations, considering the pandemic situation and keeping the safety and security of the students at the utmost priority. Notification dated

By Lokendra Malik Under the Indian constitutional scheme of things, the governor is the formal head of a state government and acts on the aid and advice of the council of ministers headed by the chief minister (CM). There are only a few areas where the governor acts on his discretion. The CM, who gets a mandate from the people to run the administration, is the real head of the state government. He takes all decisions and remains responsible to the legislative assembly, not to the governor. However, the Constitution does not make the governor only a figurehead or a cipher. He has a significant constitutional role in the state. Under Article 167 of the Constitution, the governor can seek any information from the CM regarding the affairs of the state, government’s decisions, proposals of legislation, etc. and the CM has to furnish that information. The governor is a nominee of the president of India, who appoints him on the prime minister’s (PM) advice. He holds his office during the p

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The Supreme Court on Tuesday upheld the constitutional validity of the Tamil Nadu Land Acquisition (Revival of Operation, Amendment, and Validation) Act, 2019 which was to be applied retrospectively from 2013. A Bench led by Justice A.M. Khanwilkar rejected the pleas made by G. Mohan Rao and other petitioners, who contended that the 2019 state law and its notification should be struck down as “unconstitutional, illegal and void”. The challenge to the revival of Tamil Nadu Acquisition of Land for Harijan Welfare Scheme Act, 1978; Tamil Nadu Acquisition for Land for Industrial Purposes Act, 1997; and the Tamil Nadu Highways Act, 2001 (‘State enactments’) by way of a retrospective, validating enactment had been mounted on the ground that the 2019 Act was a legislative tool to revive unconstitutional enactments and an attempt to overrule a 2017 Madras High Court judgment. By the said 2017 judgment, the Madras High Court had struck down the State-introduced Section 105A of the 2013 Act, w

The Delhi High Court refused to hear a plea seeking a direction to the Central Board of Secondary Education (CBSE) to publish the rationale document on Class X assessment criteria, saying, “Litigation is not a game of chance.” A two-judge vacation bench comprising Justice Manmohan and Justice Navin Chawla, however, granted permission to petitioner Justice for All to withdraw the present application, with liberty to move an application for early hearing of the writ petition before the Roster Bench.  The Bench expressed its unhappiness that no application for any interim relief was filed in the beginning with the writ petition, and now filed this application at the ‘eleventh hour’. “Litigation is not a game of chance…..You espouse petition on genuine causes. You have to maintain very high standards if you’re evoking public interest litigations. You can’t become an ordinary litigant,” said the Bench. The interim application has been moved in the petition filed by Justice for All, an o

The Supreme Court today directed the Institute of Chartered Accountants (ICAI) to allow CA exam candidates the option to opt out of the exams if they have recently suffered Covid-19 or are yet to recover from its after-effects and are consequently unable to appear. The Apex Court asked ICAI to offer this for candidates under both the Old and New syllabuses.  The ICAI was told to allow such candidates to appear in the backup examination which is held around November 2021. As discussed yesterday in court, the ICAI counsel submitted the note pertaining to guidelines and relief for candidates.  Whereas, the bench comprising of Justices A.M. Khanwilkar, Dinesh Maheshwari and Aniruddha Bose observed that the options provided in the note submitted by ICAI is not enough and it needs to be expanded. Senior Advocate Meenakshi Arora, who appeared for the candidates, raised several points– – The note does not capture the point that the opt-out option has to be given to candidates who have suf

The Supreme Court today has asked yoga guru Baba Ramdev to produce the original video and transcript over his alleged remarks on allopathy cure for Covid-19 and list the matter for further hearing on July 5, next Monday.  A three-judge bench led by Chief Justice N.V. Ramana was hearing the plea filed by Ramdev seeking a stay on proceedings in multiple FIRs lodged against him in various states over his remarks on allopathy criticizing doctors on their treatment of Covid-19 cases. During the hearing today, Senior Advocate Mukul Rohatgi, appearing for Ramdev, submitted that he is a proponent of yoga. He also clarified that his client has nothing against the doctors and he is entitled to have a view. There are all kinds of FIRs that have been filed against him all over the country. When he got Coronil, all doctors went against him. He has freedom of speech too, said Rohatgi.  Justice Hrishikesh Roy: “You haven’t placed the whole thing what he said. What is the original thing?   Rohat

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To recover arbitration approved dues, Cairn targets other GOVT firms Having sued Air India and having come up against stiff resistance from the Indian government, British Oil company Cairn Energy Plc has now set its sight on assets of other Indian government-owned firms from the US to Singapore in its bid to recover monies due to it from the Indian government after winning an arbitration award in a retrospective tax dispute. Through the lawsuits, Cairn wants to make the state-owned firms liable to pay $1.2 billion, along with the interest and penalties. The government of India has been participating in the arbitration for over four years and has not accepted the award. It has filed a setting aside petition in court in the seat of arbitration in the Netherlands. The oil company has refused to name the companies that it wants to target. Its arbitration award has already been registered and recognised in the US, UK, the Netherlands, France, Canada and Singapore. The Indian government h

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A Public Interest Litigation has been filed in the Supreme Court, seeking direction to the Union of India to frame effective rules, regulations, and guidelines to control population explosion and to ascertain the feasibility of making Two-Child Law as criteria for government jobs, aids, and subsidies, right to vote, right to contest, right to property, right to free shelter, etc. The petitioner sought direction to the Centre to declare the first Sunday of every month as ‘Health Day’ in place of ‘Polio Day’ to spread awareness on population explosion and provide contraceptive pills, condoms, vaccines etc. to EWS and BPL families, with polio vaccines and direction to the Law Commission of India to prepare a comprehensive Report on Population Explosion within three months and suggest the ways to control it. The PIL has been filed by Firoz Bakht Ahmed, Chancellor of Maulana Azad National Urdu University, Hyderabad through Advocate Ashutosh Dubey. According to the petition, at present, 1

The Supreme Court has directed the National Disaster Management Authority(NDMA) to determine within six weeks the ex-gratia amount that can be paid to each Covid victim while stating that NDMA has been failed to discharge its statutory duty. The Court said, “National Disaster Management Authority is statutorily mandated to provide minimum standards of relief, including ex-gratia to Covid victims.”  The Court said it has carefully examined the provisions of the Disaster Management Act and Section 12 of the DMA provides “Guidelines for minimum standards of relief” which states as follows: “The National Authority shall recommend guidelines for the minimum standards of relief to be provided to persons affected by disaster, which shall include,— (iii) ex gratia assistance on account of loss of life as also assistance on account of damage to houses and for restoration of means of livelihood.  The Court further stated that it has carefully examined the issue as to Whether the Writ of ma

The Sikkim High Court, while hearing a suo motu petition with respect to the management of Covid-19 crisis in the state, has commented, “We do not see nor are we provided with a rational and planned thinking process. Emergent situation seems to have been met on need basis”. The Division Bench of Chief Justice Jitendra Kumar Maheshwari and Justice Bhaskar Raj Pradhan passed this order while hearing a petition regarding Covid-19 management. In pursuant to order dated June 17, the State Government had filed a report on June 22, seeking to explain and provide further information. The Court said the state took several steps to ramp up the health infrastructure and facilities to deal with the Covid-19 pandemic. “We are concerned that the State Government did not feel it necessary to formulate any concrete policy to face the present Covid-19 pandemic. The information provided to us in the form of various reports does indicate that a lot more is to be done to meet the challenges brought by

The Allahabad High Court has pulled up a businessman for making baseless allegations against Chief Minister Yogi Adityanath’s Principal Secretary SP Goyal and Special Secretary Subrata Shukla. The businessman, who is running a petrol pump, had accused both the officers for demanding bribe. The Division Bench of Justice Ritu Raj Awasthi and Dinesh Kumar Singh passed this order while hearing a petition filed by Abhishek Gupta. The petition has been filed challenging the order dated June 8, 2018, passed by the respondents and simultaneously the order dated April 1, 2019, as contained in the petition. A direction has also been sought to the respondents to pass appropriate orders for exchange in the light of final recommendation made by the District Magistrate, Hardoi dated February 2, 2018 and the amount received in this reference for exchange on January 11, 2018. The petitioner has also sought a direction for appropriate administrative action against the respondents for demanding brib

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The Supreme Court has dismissed a petition filed by the director of a company facing allegations of fraud, forgery, and criminal conspiracy. (Birendra Kumar Singh Vs Union of India & Anr.) A three-judge bench of Justice U.U. Lalit, Justice Indira Banerjee, and Justice Ajay Rastogi while hearing the matter observed, “No criminal cases are said to be identical unless they come from the same crime.” The court made this observation over the contention made by the petitioner that several similar matters are pending before the Court. The present matter brought before the Apex Court challenged the order passed by the Jharkhand High Court where it had dismissed the petition seeking to quash criminal proceedings including the FIR registered by CBI under Section 420, 468 and 471 read with Section 120B of IPC.  In the Apex Court, the counsel for the petitioner submitted that the petitioner is the director of the company namely Solar Industries Pvt. Ltd. and the Fuel Supply Agreement was en

The Jharkhand High Court has imposed a cost of Rs 50,000 on the Director of Department of Higher, Technical Education and Skill Development, Government of Jharkhand, Ranchi for not complying with the orders of the High Court, to release the admitted dues of petitioner. Justice Dr SN Pathak strongly condemned the respondents, stating that in spite of specific orders and directions, the respondents – Director, Department of Higher, Technical Education and Skill Development, Government of Jharkhand, Ranchi failed to pass orders to release the admitted dues of the petitioner. “It appears that the orders of this Court fell on deaf ears. The lackadaisical and lethargic approach of the respondents clearly shows that they have no care or respect for the orders of this court,” the Bench noted. The High Court on June 9 issued a specific direction to the respondents to release admitted dues of the petitioner, Balkishore Sahu, in following words: “The orders of the court are flouted by the res

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The Supreme Court today made it clear that it will not postpone the Chartered Accountant (CA) exams 2021 scheduled to be held in July 2021, but agreed to consider a plea by students seeking an “opt out” option for those who won’t be able to appear on account of Covid-19 restrictions.  The Counsel appearing for the Institute of Chartered Accountants of India (ICAI) submitted before the bench that students appearing for the examination will be given an opportunity if they face difficulties due to Covid-19 restrictions.  The bench comprising Justices A.M. Khanwilkar, Dinesh Maheshwari and Aniruddha Bose took up the three pleas seeking postponement of CA exams 2021. While sharing his experience of fighting Covid-19 virus, Justice Khanwilkar observed that the recovery from coronavirus is completely up to one’s body. He said, “My after-effects lasted for 3 weeks and even after 3 weeks, I was not able to work or go back to my normal routine.”  Further he suggested the counsel appearing of b