Thorat & Associate's

The Delhi High Court has issued a notice on a plea filed by Neha Shree, a bhojpuri actress. The actress has worked in various film industries including Rajasthani film industry. The plea sought registration of FIR and investigation with regard to her Facebook page and account being hacked and further being used as a platform for posting objectionable content. The single-judge bench of Justice Rajnish Bhatnagar asked for a response from city Cyber Cell, Facebook, and Delhi Government. The actress alleged that her Facebook page is being used to post obscene and illegal content. She also claims to have around 40 lakh followers on this platform. The plea seeks direction on Facebook to restore the access of her Facebook page and also to delete all the objectionable content posted in the meantime. The petition states that the actress was shattered to see her Facebook page being hacked and later being used as platform to post obscene and objectionable content including various videos and pi

The Delhi High Court has recently dismissed a petition preferred by Indo-Tibetan Border Police Force (ITBPF) candidate who has successfully qualified PET/PST (Physical Efficiency Test/ Physical Standards Test), written test and documentation and practical (skill) test for the post of constable (Driver) under OBC category, but he was subsequently declared unfit on the ground of a tattoo embossed on his right arm. The division bench of Justice Manmohan and Justice Navin Chawla noted, “The stipulation of disqualification of tattoo on the right arm is a classification that is based on an intelligible differentia and the intelligible differentia has a rationale relation to the object sought to be achieved, namely, that the tattoo is visible while saluting.” However, the petitioner contended that the tattoo mark on the petitioner’s right arm is his own name and it does not cause any prejudice to anyone and the same is within the permissible limits as provided under the rules. The court fo

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By Sujit Bhar The Trinamool Congress (TMC) is a party of diametrically opposite virtues. At one end, it showcases its almost iconic leader Mamata Banerjee, with a huge victory over the Bharatiya Janata Party (BJP), while at the other end, it can’t even spell Mamata’s so-called ‘Bengal model’ in fiscal terms. At one end, we see 12 of the 17 sitting Congress MLAs in Meghalaya switch sides to TMC, while at the other end, we see the very large Bengali speaking population of Agartala (capital of Tripura) completely reject Mamata, apparently because they saw nothing in that ‘Bengal model’ which would have helped them secure a better future. TMC is a party which is in the news today, because it has, somehow, turned into this mega magnet for disgruntled Congress leaders and workers. People say it is Prashant Kishor’s doing, but without the presence of Mamata, that strategy would have meant zilch. Leaders have moved into the TMC fold in Goa, too, but Goa is a mirage and MP Mahua Moitra, in-ch

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The Supreme Court on Monday dismissed ITC Limited’s Yippee Masala Noodles plea challenging the order of the Madras High Court, where the High Court refused to prohibit Nestle India Ltd’s Maggi Masala Noodles from using the expressions Magic Masala, Magical Masala with respect to its instant noodles. The bench of Justice B.V. Nagarathna and Justice M.R. Shah refused to interfere with the order passed by the division bench and stated that in this very plea, the words which are specifically challenged are not the trademark of ITC Limited. In fact anybody can use the words ‘Magic’, ’Masala’ or ‘Magic Masala’ as this was not a trademark belonging to ITC and their trademark was altogether different. Senior Advocate Harish Salve, counsel appearing for the petitioner, contended that he was referring to the phonetic confusion which is created in the minds of the public while purchasing the said product. The counsel submitted that the evidence submitted on the same were not accepted and that

The Supreme Court on Tuesday listed the sentence hearing in a contempt case against fugitive businessman Vijay Mallya on January 18. India has been trying to extradite the Kingfisher boss from the United Kingdom for the last few years. The bench comprising Justice U.U. Lalit, Justice Ravindra Bhat and Justice Bela Trivedi was hearing the contempt matter involving Mallya, accused in the bank loan default case of over Rs 9,000 crore involving his defunct Kingfisher Airlines. Addressing the Centre, Justice Lalit said the Court has waited long enough for him to come. “That is enough… We cannot wait forever,” said the judge. The bench also said it is up to Mallya to appear in person or advance arguments through his counsel. “The matter has to see the light as it is getting adjourned from 2017 when he was found guilty of contempt. Only sentencing is pending for last four years,” the court said. The court has been waiting for his personal appearance to hear and decide his punishment. The

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By Devender Singh Aswal The farm laws continue to haunt the nation, giving sleepless time to the makers of the laws and the agitating farmers. The Union government has, wisely but belatedly, repealed the controversial farm laws. Repealing of laws is not unprecedented or novel as parliaments across the globe repeal laws when they become archaic, fall into desuetude or become obsolete. However, the repeal of the three farms laws, namely, The Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, 2020, The Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020, and The Essential Commodities (Amendment) Act, 2020 does not fall in any of the aforesaid categories as they were yet to come in operation. In any case, the Supreme Court had temporarily suspended the operation of these laws on them being challenged. Intriguingly, the protracted agitation instead of being called off has fanned the flame of protest with the demand for MSP getti

By Vivek K Agnihotri The 82nd All India Presiding Offices’ Conference (AIPOC), held in Shimla from November 17-18, 2021, was a rather lacklustre event. There was ceremonial reiteration of the need to increase the number of sittings of legislative bodies as well as a resolution against ritualistic disruptions during Question Hour, presentation of the budget and addresses by the president/governors. However, there was no consensus on adoption of the report of the committee (headed by CP Joshi, Speaker of the Rajasthan Legislative Assembly) constituted in 2019 to examine the role of the Speakers in cases of disqualification on grounds of defection under the Tenth Schedule (Anti-defection law) of the Constitution. Om Birla, Speaker of the Lok Sabha, was of the opinion that a time limit needs to be prescribed for the presiding officers in deciding matters of disqualification in order to speed up the proceedings. The Tenth Schedule was added to the Constitution in 1985 to combat the evil

The Lucknow Bench of the Allahabad High Court on Monday contributed Rs 15,000 for a talented Scheduled Caste student to start her IIT BHU studies in a dual engineering course. The student couldn’t part with the meagre amount because her father was undergoing treatment for kidney ailments and she was at risk of losing the seat. The single-judge bench of Justice Dinesh Kumar Singh directed the joint seat allocation authority and IIT BHU to admit Sanskriti Ranjan in Mathematics and Computing course Bachelor and Master of Technology, dual degree course. Judge Singh noted, “The facts of the case are extraordinary and peculiar in the sense that the petitioner belongs to a Scheduled Caste community. She is a bright student.” Servesh Kumar Dubey and Samta Rao, counsels for the petitioner, submitted that the petitioner was not able to pay Rs 15,000 for seat acceptance as her father has been diagnosed with chronic kidney disease and has been advised for kidney transplant. He has to undergo di

The Lucknow Bench of the Allahabad High Court has directed action against officers concerned in a case of booking a man under the NDPS Act by calling the alleged drug a narcotic substance  and sending him to jail. A single-judge bench of Justice Pankaj Bhati passed this order while hearing a bail application filed by Ajay Bajpai. The accused-applicant seeks bail in FIR under sections 420, 274, 275, 467, 468, 471 IPC, and section 18(A) (IV)/27 of the Drug and Cosmetic Act, 1940, PS Ganga Ghat, District Unnao. The counsel for the applicant argued that on the basis of the FIR, a consignment of medicines was seized. It also records that on interrogation three accused namely the applicant and two other persons admitted that they were in the business of selling fake medicines and based upon the said statements, the applicant was arrested. The counsel for the applicant further argued that the co-accused namely Sonu Tiwari who was assigned the similar role has been enlarged on bail by the

The Madhya Pradesh High Court recently dismissed a Habeas Corpus petition and observed that it cannot be used as a weapon for production of corpus before the Court when the person is not in illegal detention or custody of any other. A Habeas Corpus petition had been filed in the High Court alleging that the wife of the petitioner is in illegal custody and detention of her mother and father. The petitioner made a prayer that the police station be directed to produce the corpus before the High Court and relieve her from illegal custody of her mother and father. A single-judge bench of Justice Vishal Dhagat while perusing the petition, found that petitioner had filed a petition under Section 9 of Hindu Marriage Act, 1955 for Restitution of Conjugal Rights. In said petition, it has been averred by petitioner that the corpus wants divorce from petitioner. She had left the house along with belongings and household articles. She is presently living in Patna with her parents. Considering t

The Meghalaya High Court yesterday directed the Meghalaya government and the North Eastern Indira Gandhi Regional Institute of Health & Medical Sciences (NEIGRIHMS) to list the number of cancer patients in the state and the number of beds and the size of the outpatient block that may be necessary if a stand-alone, super specialty cancer clinic were to be set up in the state. The division bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh heard a PIL pertaining to lack of a super specialty cancer treatment centre in the state. During the hearing on Monday, the state accepted that there is no such Centre and submitted that an oncology wing is being added to the Civil Hospital in Shillong, which is near completion. It is submitted on behalf of the North Eastern Indira Gandhi Regional Institute of Health and Medical Sciences (NEIGRIHMS) that an oncology unit is proposed at such institute and it has also begun in a rudimentary form which is expected to be made into a full

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Are you searching for a crypto exchange that works with traders from Australia? Be ready that finding the platform that will meet both your needs and the local laws may take plenty of time and effort. Luckily, we have a much easier solution for you ― check our list of the best local services. As you probably heard, cryptocurrency is fully legalized in this country. Sure, today, it is still not as commonly used as Australian dollars, but you can safely utilize coins, for example, Bitcoin, for paying your bills at numerous hotels, spas, clinics, restaurants, shops, etc. Thus, by buying crypto, you do not obligatorily need to pile it up, instead, you can use it to cover your daily expenses. To start with, let us have a few words about the criteria we based our choice on:   accessibility to Australian citizens;   operation within the local laws ― certification by ASIC;   accepting deposits in Australian dollars;   selection of coins;   functionality;   fees and commissions. Also

Are you searching for an instrument that will help you trade crypto at minimum risk and time expense, but with maximum earnings? Then, try a trading robot. Find the basic information about this tool and the list of the most reliable and effective products offered by the market. So, such a robot is a program that executes trades involving crypto in an automated mode based on the market situation and parameters set by its user. It can make use of diversified algorithms, patterns, signals provided by other traders, etc. Here are the major benefits such software can offer:   Time economy. A day trader does not have to spend a whole day monitoring the market.   No human mistakes. Such a program operates in strict accordance with the parameters and algorithm set. By contrast with traders, it cannot make mistakes due to fatigue or external distractions.   Fast reaction. Compared to humans, it takes a bot less time to analyze the current situation on the market and to react to changes in

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The Supreme Court on Monday dismissed the petition of Richa Dubey, wife of main accused Vikas Dubey in Kanpur Bikru case where she sought quashing of the FIR lodged against her. However, the court allowed Richa Dubey to file a bail petition after surrendering; giving seven days time to surrender. The bench comprising of Justice Sanjiv Khanna and Justice Bela M. Trivedi has directed the High Court to hear Richa Dubey’s bail at the earliest. While dismissing Richa dubey’s petition, the bench said now that the charge sheet has been filed in the case, you are demanding to quash the FIR. Salman Khurshid, the counsel appearing on behalf of the petitioner Richa Dubey submitted that they had also filed a bail application in the High Court. In fact, Richa Dubey, challenging the Allahabad High Court’s decision in the Supreme Court, had demanded quashing of the FIR registered against her in Chaubepur police station in her petition. Richa Dubey has challenged the decision of the Allahabad High

The Supreme Court has issued notice in a petition seeking food security for all refugees and asylum seekers, particularly those residing in settlements. The bench of Justice D.Y. Chandrachud and Justice A.S. Bopanna heard the matter filed by Advocate-on-Record Amiy Shukla and observed that though the Covid problems are over, however, issued notice to the Centre, Delhi, Haryana, Jammu and Kashmir, Telangana, Manipur, and Mizoram wherein a number of refugees and asylum-seekers, who are residing in different settlements, are gravely affected by Covid-19. The petition prays for a direction to the state governments to provide free dry rations to all refugees and asylum seekers who are registered with the UNHCR, India without any requirement of a Ration card, Aadhaar card or any other documentation. It is also prayed to set up community kitchens across all settlements where refugees and asylum seekers are residing. The petitioner also seeks arrangements for the provision of foodgrain entit

Due to the cascading fear of the new variant of coronavirus, Omicron, the Union Health Ministry on Sunday, November 29, has revised guidelines for international arrivals. The new guidelines will be effective from December 1. According to the new guidelines, all travellers need to submit the self-declaration form on the online Air Suvidha portal. What are the things you need to keep in mind if you are planning to travel to India? You need to upload a negative RT-PCR test report and the test should have been conducted 72 hours prior to taking the journey. Apart from this, boarding will be allowed to only those passengers who have filed the self-declaration form, and the passengers will be asked to download the Aarogya Setu app. What are the things that you need to follow on your arrival? There will be thermal screening after the arrival. Those who will be found symptomatic will be immediately isolated and will be taken to a medical facility as per health protocol. If you are from

The Supreme Court on Monday while giving the verdict regarding the construction of the fourth phase of DMRC (Delhi Metro Rail Corporation) said DMRC will have to take the permission of the Chief Conservator of Forests and the Environment Ministry regarding the issue of trees for the construction of the fourth phase of the metro project. The Supreme Court had reserved its order November 11after hearing the petition of DMRC. The bench comprising of Justice L. Nageswara Rao, B.R. Gavai and B.V. Nagarathna directed the Delhi government to prepare a comprehensive plan for planting trees and saplings in Delhi and submit a compliance report. The bench also asked the government to ensure a plan to increase greenery by involving NGOs, local people and students in planting trees in the city. In fact, DMRC has pinned down more than 10,000 trees will have to be cut to build DMRC’s Janakpuri RK Ashram, Maujpur-Majlis Park and Aerocity-Tughlakabad Corridor. If these are not allowed to be cut, the

The Bombay High Court recently refused to interfere with the order of the Assistant Labour Commissioner which rejected the application filed by the Lal Zenda Coal Mines Mazdoor Union seeking reference of the industrial dispute to an Industrial Tribunal. The petitioner No.1 (Brij Bihari Singh) had once knocked at the doors of the High Court by filing a petition seeking  a direction to the respondents to correct his father’s name from Ram Bacchan to Bacchan and also to correct his date of birth from 28/11/1954  to  01/08/1963 in-service record. The Petition was dismissed by the High Court on 18/06/2014. It was observed that the High Court was not in a position to adjudicate upon the issue regarding the correct date of birth of the petitioner and the correct name of his father. On behalf of petitioner No.1 (Brij Bihari Singh), on July 2, 2018 secretary of Lal Zenda Coal Mines Mazdoor Union (petitioner No.2), for the first time, filed an application before the Assistant Labour Commissio

International shooter Vartika Singh has got relief in the criminal case from the Lucknow bench of the Allahabad High Court. The Court has set aside the order of cognizance taken against her on the chargesheet filed in the MP-MLA court. A single-judge bench of Justice Rajesh Singh Chauhan passed this order while hearing a petition U/S 482/378/407 filed by Vartika Singh. The petitioner prayed for quashing and setting aside the impugned cognizance and summoning order dated July 26, 2021 passed by Special Judge (MP/MLA) Court, Additional Sessions Judge, Sultanpur in State vs. Vartika Singh and chargesheet dated June 15, 2021 in FIR u/s 509, 419, 420, 467, 468, 471, 120B, 34 IPC read with 66, 67C IT Act, 2008, PS Musafirkhana, District Amethi. The counsel for the petitioner submitted that the petitioner is neither a sitting MP or MLA or Ex MP or Ex MLA, therefore, the cognizance of the chargesheet in the matter of the petitioner may not be taken by the Special Court ie Special Judge, MP,

The Allahabad High Court has observed that the convenience of the wife is the dominating factor for justifying transfer of a matter in matrimonial cases. The single-judge bench of Justice Vivek Varma passed this order in a matrimonial case filed by Garima Tripathi. She has filed a transfer application under Section 24 of the Code of Civil Procedure, 1908. The applicant seeks transfer of pending petition (Suyash Sharma Vs. Smt Garima Tripathi), under Section 10 read with Section 13(1)(i-a) of the Hindu Marriage Act, 1955 from the Court of the Principal Judge, Family Court, Kanpur Nagar to the Family Court, Prayagraj. “It is pertinent to state that there is no strait-jacket formula that can be adopted in order to determine the transfer proceedings. It is not a mandatory rule that the transfer applications are always to be transferred for the asking of the wife, but at the same time, the wife, in situations where she is disadvantaged on recognized parameters, for the sake of equity, he

The Supreme Court Bar Association (SCBA) on Sunday felicitated the winners of the Late Amarendra Sharan Memorial Badminton Tournament 2021. Supreme Court judge Justice U.U. Lalit, National Company Law Appellate Tribunal Chairperson Justice Ashok Bhushan, SCBA Vice President Senior Advocate Pradeep Rai and other dignitaries gave away the prizes to the winners in various age groups. (From left) Brij Bhushan Jauhari, Justice Ashok Bhushan, Justice U.U. Lalit, Praveen Pathak (at back), K.K. Kashyap, Amit Kumar (Sr.) (at back). Winners of SCBA Late Amarendra Sharan Memorial Badminton Tournament 2021: Women’s Singles 22-35: Aastha Jain Women’s Singles 36-50: Liz Mathew Women’s Singles 51-60 winner Dr Shweta Hingorani Women’s Singles 51-60: Dr Shweta Hingorani Priya Hingorani (Sr), runner-up in women’s singles 51-60. Men’s Singles 22-35: Kisalaya Shukla Men’s Singles 36-50: Arvind Anand Men’s Singles 51-60: Praveen Pathak Men’s Singles 60+: Sewa Singh Sahu Women’s Doubles 2