Thorat & Associate's

The Jammu and Kashmir High Court has recently directed the Principal Government Medical College, Jammu to constitute a medical board for the examination of murder accused Geeta Devi in view of the ailments she has claimed to be suffering from and has cited as grounds for bail. The single-judge bench of Justice Rajnesh Oswal has passed this order disposing of an application for grant of bail primarily on health grounds. It is stated in the application that the petitioner is 51 years of age and was arrested on 23.04.2020 and since then, she has been lodged at District Jail, Amphalla. It is further stated that the petitioner has serious heart ailment, which has the potential of being fatal if not attended to and cared for properly. The petitioner has been falling into depression and with each passing day, her health condition is deteriorating. The Court noted that the petitioner had earlier filed a bail application before the trial court but the same was rejected vide order dated 16.04

The Madhya Pradesh High Court has directed the state government to take up the process of determination of extents of wards in accordance with the provisions contained in Section 10 of the Madhya Pradesh Municipal Corporation Act, 1956. The Jabalpur Division Bench of Chief Justice Mohammad Rafiq and Justice Vijay Kumar Shukla on August 24 passed the order, while dismissing a petition that sought direction to carry out fresh process of determination of extents of wards in accordance with the provisions of Section 10 of the Madhya Pradesh Municipal Corporation Act, 1956 and Rule 3 of the Madhya Pradesh Municipal Corporation (Extent of Wards) Rules, 1994, within a stipulated period. “Whenever the State Government decides to initiate the process for delimitation or for expansion of wards and if it is found that there is variation of more than 15 percent of population in various wards, then the process be initiated in accordance with the provisions contained in Section 10 of the Act, 1956

The Delhi High Court on Tuesday adjourned its hearing till tomorrow on a petition challenging the appointment of Gujarat-cadre IPS Officer Rakesh Asthana as the Police Commissioner of Delhi.  The development came after the Division Bench led by Chief Justice D.N. Patel and Justice Jyoti Singh was informed by Advocate Prashant Bhushan that an intervention application has been preferred by the NGO Centre for Public Interest Litigation, but the same is not on record. He further alleged that the petition before the Delhi High Court is a ‘total copy-paste’ of the petition filed by the NGO before the Supreme Court. “This is an abuse of process,” he said.  Advocate B.S. Bagga, representing the petitioner, raised objection on the allegation. He submitted that such allegations should not be made and that they both are on the same ground.  In light of the submission made by Mr Bhushan, the Bench directed that the petition will be taken up along with the the intervention application and slate

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By Rajbir Deswal Remember Vikas Dubey, who was killed in July 2020? A politician, criminal, don, gangster, murderer, land grabber, terrorist or a heartless monster? It may be recalled that a year back, a raid was conducted in Dubey’s village, Bikru, about 150 km from Lucknow. When the police reached there, they had to face resistance at the village entry itself, which was blocked by Dubey’s henchmen. In all, eight policemen were killed, including a circle officer, a DSP, three sub-inspectors and four constables. Seven others were injured out of a total of 30 policemen. Dubey’s men reportedly planned to burn all these cops in a heap. Dubey absconded immediately after this massacre. The UP government and the police were under immense pressure to catch Dubey, who reportedly surrendered and was later “encountered”. A three-member judicial commission was formed on the direction of the Supreme Court. It tabled its report in the state assembly and gave a clean chit to the police. However, i

By Vivek K Agnihotri This year on the occasion of the 75th Independence Day celebrations held at the Supreme Court lawns, Chief Justice of India (CJI) NV Ramana lamented the “sorry state of affairs” of lawmaking and parliamentary debate in the country. He observed: “We see a lot of gaps in legislation, there is a lot of ambiguity in making laws.” In the absence of quality debate, courts are unable to fathom the intent and object of new laws, triggering litigation and causing inconvenience to the stakeholders, he added.  This was a scathing indictment of process, procedures and personalities. The comment was made against the backdrop of the dubious distinction of legislative achievements during the monsoon session this year. The session, which began on July 19 and was expected to conclude on August 13 with 20 sittings, ended prematurely amidst din and chaos. Despite this, the Lok Sabha passed 22 bills and the Rajya Sabha, 21, including two money bills. Of these, 21 bills were passed

The Supreme Court on Tuesday upheld the Allahabad High Court order in the case of Supertech Emerald, directing demolition of two 40-storeyed buildings within three months for violation of several building norms along with fire safety norms and other building plans like the UP Apartments Act and the National Building Code 2005. The bench of Justices D.Y. Chandrachud, M.R. Shah and Hima Kohli dictated the relevant part of the judgment in this case and observed that there is a visible collusion between the promoter/ builder of the Emerald Court and NOIDA. It was also observed that in colluding, safety norms were violated and permission of existing RWA and flat owners of 15 towers (already existing) was not taken, as the two towers were well with the same project and not a new phase and their refusal was clearly noted. The bench further directed that the cost of demolition shall be paid by Supertech and the same would be done under the guidance of Council Of Scientific And Industrial Re

For the first time in the history of the country, nine new judges took oath as Supreme Court judges in a single day on Tuesday. Chief Justice of India N.V. Ramana administered the oath of office to the new judges, which included three women, also a first in India. With this, the sanctioned strength of the apex court has reached 33, with just one vacancy left. The CJI administered oath to Justices Abhay Shreeniwas Oka, Vikram Nath, Jitendra Kumar Maheshwari, Hima Kohli, B.V. Nagarathna, CT Ravikumar, M.M. Sundresh, Bela Trivedi and P.S. Narsimha. On August 26, the Central government had approved the names sent by the Supreme Court Collegium for elevation to the apex court. The post 9 new Supreme Court judges take oath on a single day, a record appeared first on India Legal . from India Legal https://ift.tt/3BqSx33

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Senior Advocate P.S. Narasimha was born on May 04, 1963. He was appointed as an Additional Solicitor General of India, in 2014 and he subsequently resigned in 2018. He is the son of illustrious Justice Sri P. Kodanda Ramayya who played a very important role in publication of major Sanskrit texts with commentaries in Telugu language through Arsha Vijnana Trust. He is known for his deep knowledge of Indian traditional intellectual traditions and is an author on Ramayana and Mahabharata.  In the 71-year-old history of the Supreme Court, Hon’ble Senior Advocate P.S. Narasimha is the ninth advocate to be directly elevated from the Bar to the apex court on the recommendation of the Supreme Court Collegium. The Supreme Court Collegium headed by Chief Justice of India, Justice N. V. Ramana recommended nine names to the Central Government including that of Senior Advocate P.S.Narasimha,  former Additional Solicitor General of India, for appointment as judges of the Supreme Court of India. Se

Justice Vikram Nath , was born on September 24, 1962 at Kaushambi district, Uttar Pradesh. His lordship completed his graduation as a Bachelor of Science in the year 1983 and completed his LL.B. in the year 1986. His lordship following the footsteps of his ancestors enrolled as an Advocate on March 30, 1987, becoming a fourth generation advocate. His lordship practiced at the Allahabad High Court for over 17 years in Civil, Revenue, Constitutional, Company and Service matters and has specialized in Company, Revenue and Civil Matters. On September 24, 2004, his lordship was appointed as an Additional Judge of the Allahabad High Court and on February 27, 2006, his lordship was appointed as a permanent Judge of the Allahabad High Court. After serving the judiciary for 15 years , his Lordship was elevated as the Chief Justice of Gujarat High Court on September 10, 2019. The Supreme Court of India had initially recommended Justice Vikram Nath to be appointed as the Chief Justice of Andhr

Justice Nagarathna was born on 30 th October, 1962 in Mandya District, Karnataka and has done most of her schooling from Delhi. She is the daughter of the former Chief Justice of India ES Venkataramiah. Her Ladyship is also in line to be the first woman Chief Justice of India in 2027. Being in tune with the realities and diversities of the people is highly important for a Judge. In her farewell speech at the Karnataka High Court, Justice Nagarathna fondly recalled her time at Sophia High School and Bharitiya Vidya Bhawan and her exposure to the variety and diverse Indian culture. She stated that it was her “firm conviction that one of the binding factors is the Indian Constitution — a legal system committed to rule of law and an organised hierarchy of courts with a Supreme Court at the apex,” Justice Nagarathna enrolled as an Advocate on 28 th October, 1987. She practised for 19 years before Supreme Court of India, High Court of Karnataka, Karnataka High Court, Karnataka Administra

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The Bombay High Court recently granted anticipatory bail to a man booked for pronouncing triple talaq to his wife by way of sending an SMS while noting that it is possible to settle disputes and differences between husband and wife through mediation. A single-judge bench of Justice Sandeep K. Shinde passed this order while hearing the anticipatory bail application filed by Adnan Iqbal Moulvi. The applicant sought pre-arrest bail in a case registered in Oshiwara Police Station for offences punishable under Section 498A of the Indian Penal Code and Section 4 of the Muslim Women (Protection of Rights) Act, 2019 at the instance of his wife. The Court observed, “The Sessions Judge, in his order, has observed that, applicant and the complainant were blaming each other for the marital discord and therefore it is a matrimonial dispute. The only ground on which the applicant was denied pre-arrest protection is, that the ornaments of the complainant are in the custody of the applicant, for whi

The Supreme Court Bar Association (SCBA) on Monday wrote a letter to Chief Justice of India (CJI) Justice N. V. Ramana, requesting him to make some changes in the Standard Operating Procedure (SOP) released by the Secretary General of Supreme Court on Saturday, for resumption of physical hearing of proceedings from September 1. SCBA President Vikas Singh suggested in the letter that the restrictions related to entering the high-security area of the apex court should be lifted, as the Supreme Court has a distinct architecture, where the lawyers move from one court to another in a spacious, non Air-Conditioned area, having almost nil chances of infection. The area has a large number of bar rooms, libraries and canteens, where the lawyers can sit, while following the Covid-19 protocol. Further, the high-security area has large, airy corridors, where the lawyers wait for matters, said Mr Singh. The SOP prohibits the entry of lawyers to this area without carrying special passes, which

The Meghalaya High Court recently disposed of the PIL alleging mandatory testing was being conducted by the concerned State respondents on people who have been not vaccinated against Covid-19. The Division Bench comprising Chief Justice Biswanath Somadder and Justice H.S. Thangkhiew upon perusing the various notifications and orders annexed to the petition, did not find any iota of arbitrariness or irrationality in respect of the action taken by the concerned authority of the State pursuant to issuance of such notifications and orders. The Court in its order clarified that  the concerned State respondents shall not insist on mandatory testing in respect of those who have been fully vaccinated already. Also Read: Madras High Court dismisses plea seeking direction from authorities to spread public awareness against astrological superstitions “However, it will be open to the concerned authority of the State to insist on conducting such tests as required and/or mandated by the Minist

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The Madras High Court on Friday dismissed a petition seeking direction from the concerned authorities to increase public awareness against astrological superstitions to eradicate its consequential evils, while opining that some amount of independence must be given to individuals to believe, imagine and ponder over their astrological beliefs. The Division Bench of Chief Justice Sanjib Banerjee and Justice P.D. Audikesavalu passed this order while hearing a petition filed by A.K. Hemaraj. The petition filed under Article 226 of the Constitution of India sought the issuance of a Writ of Mandamus directing the respondents concerned to widely spread public awareness about the scientifically proven truth on the subject of astrology and its serious impacts, in all social media, TV, newspapers. The Court said that the matters of the kind cannot be appropriately dealt with in court. Even science in such regard is not complete or absolute. No sooner was Pluto relegated from the status of a pl

The Madhya Pradesh High Court has disposed of a PIL seeking quashing of the advertisements, whereby tender was issued for installation of statue of a BJP leader. The Jabalpur Division Bench of Chief Justice Mohammad Rafiq and Justice Vijay Kumar Shukla, while considering the grievance of the petitioner and the fact that he has already submitted a representation before the Collector, District Burhanpur, deemed it proper to dispose of the writ petition with a direction to the Collector (Administrator), Burhanpur, to consider and decide the representation of the petitioner within a period of four weeks from the date of communication of the order and preferably before the installation of the statue, ordered the Court. The PIL has been filed by one Datta Medhe for quashing of the advertisements dated July 28 and 29, 2021, whereby tender has been issued for installation of statue of BJP leader late Nand Kumar Singh Chouhan at Nachankheda Phata in mid of Indore-Ichharpur Road and at Shanwar

The Allahabad High Court on August 27 stayed the ongoing departmental proceedings against Police Inspector Manoj Pant, posted in Noida’s Police Station Sector 20, Gautam Budh Nagar, till further orders. A single-judge bench of Justice Pankaj Bhatia passed this order while hearing a petition filed by Manoj Kumar Pant. The petition challenges the disciplinary proceedings initiated against the petitioner in terms of the charge-sheet dated September 19, 2019. The contention of Counsel for the petitioner is that the sole charge in the chargesheet relates to the allegations levelled against the petitioner in the FIR against the petitioner as Case under Section 384 IPC and Section 7/8/13 (13)b of the Prevention of Corruption Act. Counsel for the Petitioner said that the chargesheet against the Petitioners is confined to the allegations contained in the FIR and even the evidence proposed to be relied upon for the departmental proceedings include the evidence, which are the witnesses in the

The Madhya Pradesh High Court recently dismissed a PIL seeking independent inquiry afresh with regard to the caste certificate of an IAS officer. The PIL was filed by Phoolchand Kulaste in 2009, praying for a direction to the state government to hold proper and independent inquiry afresh with regard to caste certificate of Virendra Kumar Batham, IAS posted as Secretary, Tribal & Scheduled Caste Welfare Department, Mantralaya, Bhopal. It was alleged by the petitioner that Batham,who belongs to Other Backward Classes (OBC), has obtained benefit throughout his educational and service career on the basis of a forged caste certificate showing his caste as “Keer”, which falls under the Scheduled Tribes category. Also Read: Madhya Pradesh High Court dismisses bail plea of rape accused The Jabalpur Division Bench of Chief Justice Mohammad Rafiq and Justice Vijay Kumar Shukla recently observed that the petition is directed against an individual, the same cannot be entertained as a pub

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The Supreme Court has released the Standard Operating Procedure (SOP) for physical hearing of proceedings, ahead of September 1, when the apex court will resume its offline hearing, albeit partially. The Secretary General of the Supreme Court issued a Standard Operating Procedure (SOP) for the same on Saturday. Timing for the physical hearing will be limited to final/ regular hearing matters on non-miscellaneous days- Tuesdays, Wednesdays and Thursdays. “With a view to gradually facilitate resumption of physical hearing, the final hearing/regular matters listed on non-miscellaneous days may be heard in the physical mode (with hybrid option), as may be decided by the Bench, considering the number of parties in a matter as well as the limited capacity of the Court rooms; further, any other matter may be heard in physical mode on such days, if Hon’ble Bench directs likewise. All other matters, including those listed on miscellaneous days shall continue to be heard through video/telecon

“Justice Delayed is Justice Denied”, as idealistic the quote may sound, is equally applicable in practice, the continued pendencies in courts not only degrade the aggrieved of their rights to justice and speedy remedy, but also tend to make the public lose their confidence in the guarantors of rights, which is the Judicial arm of the government. Judicial vacancies have been increasing all across the country and the timing could not be more abysmal as the Pandemic has already strained the Judicial Mechanism. The fact that today there is not enough quasi judicial power in the country is a matter of concern, as the tribunals were created for a special purpose- to deal with specialised disputes in a manner that they do not turn a blind eye towards the technicalities and policies, which the specialised domains demand. This filled a void in the Indian Legal, Administrative and Legislative ecosystem as specialised members and judicial members, by virtue of their status of a tribunal, carri