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The Punjab and Haryana High Court on Friday dismissed the petition of a man who had attempted to illegally oust his aged mother. A single-judge bench of Justice Arvind Singh Sangwan passed this order while hearing a Criminal Writ Petition filed by Sunny Goyal. The court held that this is an unfortunate petition in which petitioner has prayed for the protection of life and liberty against his mother and maternal uncle. The Court observed that a perusal of the petition shows that father of the petitioner and husband of respondent No.4/ late Raj Kumar Goyal had executed a will dated November 11, 2013, vide which 100% share of the booth and 50% share of the house was given to the petitioner and 50% share of the house was already in the name of his wife-respondent No.4/ Suresh Goel for the obvious reason that the petitioner being son will inherit his business and his wife will have a house to live in for the rest of her life. The Court said the latter part of the petition reflects the p

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In a TV discussion on prime time programme India Legal , part of APN news channel, Editor-in-Chief Rajshri Rai discusses the problems plaguing tribunals. These include lack of infrastructure, unsatisfactory service conditions and delays by lawyers and parties. Another issue is the independence of tribunals. What they need are efficient, well-qualified judicial and technical members to ensure swifter and efficacious justice delivery and a recent apex court judgment could just see matters improving for tribunals. Access to justice and confidence of the litigant public in impartial justice being administered by tribunals need to be restored.”  This strong observation and its urgent tone were not lost to many. It was part of a July 2021 judgment made by a Supreme Court bench of Justices L Nageswara Rao and S Ravindra Bhat, wherein provisions in the Tribunals Reforms Ordinance 2021, which fixed the term of members of various tribunals as five years, were set aside. The judgement paves th

The Calcutta High Court recently declared person Deepa Asani a ‘mentally challenged person’ by exercising its powers under Clause 17 of the Letters Patent, 1865. A single-judge bench of Justice Moushumi Bhattacharya passed this order while hearing a petition filed by Deepa Asani. The Petition has been filed invoking the powers of the High Court under Clause 17 of the Letters Patent, 1865, for a declaration that one Deepa Asani, alias Deepa C Asani/Deepa Chetan Asani be declared a mentally ill person and/or a lunatic who is incapable of taking care of herself or managing her property. The prayer in the application is for an order appointing the petitioner as the guardian and for taking care of Deepa Asani as a manager of the properties and estates described in a Schedule to this application. The applicant claims to be the daughter and the sole and surviving heir of Deepa Asani and one Chetan Laxmikant Asani; the latter died intestate on August 11, 2017. The interim relief which t

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By Vikram Kilpady The routine story of extra-judicial killings of alleged accused, or even gangsters, gets buried on the inside pages of a newspaper. But not this, this was Page 1. And top billing at Prime Time. It’s not every day that two states of India, which is a union of states, remember, end up in such conflict that five policemen are gunned down by the other state’s police. And no, this is not involving Karnataka and Tamil Nadu, mind you! Though the killing of five men from the Assam Police by Mizoram Police comes as a shock to most of us and to the TV studios, the conflict has been raging since Independence though some will date it to the late 1800s, when the British brought the Lushai Hills under their control. Mizoram says that the immediate provocation is that Assam Police along with its state authorities overran a police post in Kolasib district and tried to set up infrastructure. In turn, Assam Chief Minister Himanta Biswa Sarma tweeted that Assam policemen were killed

A Sessions Court in Karnataka has restrained media houses from either publishing or telecasting any defamatory material in relation to the Ramesh Jarkiholi sex scandal, against BJP lawmaker, MP Renukacharya. An Additional City Civil  & Sessions Judge, Bengaluru City, Ningouda B Patil passed this order on July 28, while hearing a petition filed by Mr Renukacharya. The petitioner, in his affidavit, stated that he hails from a respectable family and he is in public life as a people’s representativ. He said the defendant media organisations on July 21, 2021 published/telecast/broadcast defamatory statements regarding the alleged CD/explicit material on their platforms and channels referring him, which damaged his reputation. The defendants intended to malign his goodwill and reputation, which he earned by sacrificing his personal life for decades, Mr Renukacharya further alleged. He said if the defendants were permitted to publish/broadcast/telecast such statements, then it would a

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The Gauhati High Court has pulled up the Assam government on vaccination of those persons in the state, who do not have proper identification documents. The Division Bench comprising Chief Justice Sudhanshu Dhulia and Justice Manash Ranjan Pathak passed the order on July 30 over a PIL filed by Sourav Paul. The High Court, after hearing the submission from J. I. Borbhuiya, Counsel for the petitioner and D. Upamanyu, Standing Counsel, Health and Family Welfare Department, directed the Health and Family Welfare Department of Assam to file an affidavit within two weeks in respect of vaccination status of persons not having proper identification documents. “The Standing Counsel, Health & Family Welfare Department, shall file an affidavit within two weeks apprising this Court as to how many persons, who are not having proper documents in support of their identification, have been vaccinated and, in that event, as to how the second dose of vaccination would be given to such persons and

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The Jharkhand High Court on July 29 , took Suo Motu cognizance of the death of a district Judge in Dhanbad who was mowed down in a road accident on Wednesday when he was out on a morning walk. The Division bench Comprised of Chief Justice Dr. Ravi Ranjan and Justice Sujit Narayan Prasad on the basis of the letter by the Principal District and Sessions Judge, Dhanbad regarding sad and unfortunate demise of  Uttam Anand and the CCTV footage called upon the Advocate General of the State, Director General of Police, Jharkhand, Senior Superintendent of Police (SSP), Dhanbad and Superintendent of Police (City), Dhanbad and Rajiv Sinha, learned Additional Solicitor General of India. The Senior Superintendent of Police, Dhanbad has submitted in the course of hearing that two persons have been apprehended. One of them was an auto-rickshaw driver and another person who was sitting in the vehicle. Interrogation is being done by the Special Investigating Team constituted by him. The members of

The Delhi High Court has sought the response of the Central and Delhi governments on a plea filed by auto drivers union Chaalak Shakti, challenging the mandatory imposition of uniforms on auto-rickshaw and taxi drivers. A Division Bench of Chief Justice DN Patel and Justice Jyoti Singh issued notice to the Centre, Delhi Government, Delhi Police and the Union Ministry of Road Transport & Highways, and posted the matter for further hearing on August 20. The petition also challenged the imposition of penalty of Rs 20,000 on drivers for contravention of mandatory uniforms. Advocates Paras Jain and Mohini Chaubey represented the Chaalak Shakti Union. They said the rules governing the field are vague and there is no clarity on either the colour of the uniform or what constituted a uniform, thereby giving a wide discretion to law enforcement agencies to prosecute drivers. The plea sought to quash Rule 7 of the Motor Vehicles Rules 1993 on the basis that it was ‘vague’. It also chal

By Prof Upendra Baxi “TO Have A More Civilized India, Judiciary Must Be Strengthened,” was the headline remark of retiring Chief Justice of Allahabad High Court Sri Govind Mathur. He further said that the judiciary cannot remain “in hibernation when the people of this country are under deep depression, are living every moment under the fear and threat of death, where a sense is prevailing that certain privileged persons are getting every protection but the larger section is helpless”. He deprecated the executive was “still acting like colonial rulers”, and ignoring judicial order and directions, even on the sedition law. He added: “It is a well-accepted fact that criticism of the government is not seditious in law.” His predecessor in that high constitutional office, now a Supreme Court judge, Justice DY Chandrachud, headed a bench that ordered bail for Manipur activist Leichombam Erendro 1 on July 22, 2021, (arrested under the National Security Act, which authorises indefinite prev

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By Justice Kamaljit Singh Garewal Nothing much seems to have changed in our districts, and nothing shall, as long as the executive and the police dominance over judges is allowed to raise its ugly head. The colonial system in British India centered around the Collector, the Judge, the Civil Surgeon and the Police Superintendent. The first two from the Indian Civil Service, the Civil Surgeon from the Indian Medical Service and the Police Superintendent from the Indian Police. They formed a formidable foursome who held the empire together and kept Indians at bay. They worked in imperial splendour at the Kutchery, often played tennis or bridge together at the club, lived in bungalows on tree-lined avenues in Civil Lines, spread over acres of gardens and looked after a battalion of servants. Their memsahibs dabbled a bit in social work and occasional match-making, but social life of the district was planned around picnics, shikar, polo, galas and balls. Ladies and children spent summers

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The Supreme Court today dismissed the PIL filed by an advocate aggrieved by the current response and functioning of the District Court, Ghaziabad. The bench of Justice D.Y. Chandrachud and Justice M.R. Shah did not entertain the petition filed by petitioner-in-person Sanjeev Gupta. The petitioner stated that he has been everywhere, but there is a complete abdication of Allahabad HC, he has given a letter to PM, letter to the Supreme Court, letter to Administration. The lawyers at district courts don’t get the certified copy, if one wants a date one needs to go on a date to ask for one.  The bench observed that the petitioner’s plea under Article 32 cannot be entertained and he should file the same under Article 226 to move the concerned High Court, otherwise the Supreme Court will be flooded by such petitions. Justice M.R. Shah stated, “Agar aapko koi dikkat hai toh Ghaziabad court jaiye ya Allahabad HC jaeiye bhaiya.” Also Read:  Supreme Court dismisses PIL against arrests over p

The  Supreme Court  on Friday dismissed a PIL as withdrawn by the advocate over details of FIRs filed against people who had put up posters and pamphlets asking Prime Minister Narendra Modi why Covid vaccines were exported instead of vaccinating people in India. The bench of Justice D.Y. Chandrachud and Justice M.R. Shah observed that it is difficult to understand the affidavit filed by counsel Pradeep Kumar Yadav because of the way it has been filed. Justice Chandrachud read the affidavit wherein it was mentioned that the petitioner advocate went to several police stations and found discrepancies in the FIR. The bench further stated, “How can we start or entertain a petition on your instance that so and so persons are named in FIR, we can’t quash FIRs on behest of 3 rd  party. You withdraw this, otherwise it would give wrong precedent under Criminal Law.” Advocate Yadav had appeared in-person seeking the indulgence of the apex court to intervene in the illegal arrest of labour contr

The Madhya Pradesh High Court has recently said that if a detenu is in custody at the time of passing a detention order, then it is necessary for the Detaining Authority to mention it in such order. The Division Bench of Justice Prakash Shrivastava and Justice Vishal Dhagat passed this order while hearing a petition filed by Rajeev Kumar Jain. In this petition, the petitioner has challenged the order dated May 3, 2021 passed by the District Magistrate, Satna, for his detention under section 3(1) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980. The Petitioner has also challenged the order dated May 10, 2021 passed by the State Government approving the detention order dated May 3, 2021. The case of the Petitioner is that he is running a business with the trade name of M/s Vindhya Engineering Company at Rewa and Satna and also having GST registration certificate. The FIR was lodged against the Petitioner in Police Station Kolgawan, S

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A contempt petition has been filed in the Supreme Court against Prime Minister Narendra Modi, Home Minister Amit Shah and the Ministry of Home Affairs challenging the appointment of Rakesh Asthana as the Delhi Police Comissioner. The plea filed by Advocate Manohar Lal Sharma submitted that respondents have wilfully denied compliance of the order passed by the Supreme Court in Prakash Singh case on July 3, 2018 that there must be minimum three months left of service prior to the retirement for the appointment of DGP. In the Prakash Singh case, the Supreme Court had held, “All the States shall send their proposals in anticipation of the vacancies to the Union Public Service Commission, well in time at least three months prior to the date of retirement of the incumbent on the post of Director General of Police.” He further contested that Prime Minister, head of the Appointments Committee of the Cabinet, and the Home Minister jointly decided and appointed Rakesh Asthana as a Commissione

A Public Interest Litigation has been filed in the Supreme Court, seeking issuance of specific guidelines and directions in respect of performance of customary Shravani Pooja and offering of Gangajal at Baba Baidyanath Jyotirlinga Temple and Baba Basukinath Temple. The PIL has been filed by Panda Dharam Rakshini Sabha, a registered association for the Priests and Pandas of Deoghar at Baba Baidyanath Jyotirlinga Temple, through its Mahamantri (Secretary), Kartik Nath Thakur. The petition is drawn by Advocates Rit Arora and Riju Mani Talukdar.  Advocate Deepak Goel is the Advocate for the petitioner. According to the petition, the offering of Ganga Jal to Baba Baidyanath is an ancient customary practice of Hindu religion and an essential part of the faith of crores of Hindu Devotees. Under normal circumstances, this country witnesses lakhs of devotees taking this annual pilgrimage but presently, due to the Covid-19 pandemic, public darshan is restricted. The petitioner said he is not

The Supreme Court today refused to reduce the cost of Rs five lakh imposed on late Swami Om and his friend Mukesh Jain in 2017, for moving the Supreme Court against the appointment of Justice Dipak Mishra, just one day before his appointment for the post of Chief Justice of India. The Division Bench of Justice D.Y. Chadrachud and Justice M.R. Shah further directed the Registry not to entertain any PIL filed on behalf of deceased Swami Om by his friend Mukesh Jain, so long as the cost is not paid. Till then, no further PIL shall be entertained by the Registry of Supreme Court. If there is any PIL filed, this order shall be placed before the Registry, noted the Court. In 2017, late Swami Om and Mukesh Jain, national chairman of Dharma Rakshak Shri Dara Sena, had filed a petition in the apex court, challenging the recommendation made by the then Chief Justice of India JS Kehar to appoint Justice Dipak Misra. The apex court had dismissed the petition in August, 2017, slapping the petiti