Thorat & Associate's

The Kerala High Court has put a stay on criminal proceedings against Malayalam actor Sreenath Bhasi, who was booked for using unparliamentary words during an interview by a woman journalist.   The Single-Judge Bench of Justice Kauser Edappagath granted the stay on Friday, after noting that the matter had been settled between the parties out of court.   The Mollywood actor was accused of using foul language while speaking to a female interviewer from the organisation ‘Behind Woods,’ during an interview for a social media platform. A first information report (FIR) was registered against Bhasi under Sections 354A(i)(iv) (making sexually coloured remarks), 294(b) (obscene words in or near any public place) and 509 (word, gesture, or act intended to insult the modesty of a woman) of the Indian Penal Code. The actor had filed a petition in the High Court, seeking to quash the FIR and the proceedings against him in view of the fact that the matter has been settled out of court. He said

The Allahabad High Court has stayed the arrest of former minister Azam Khan and his son Abdullah Azam Khan in a case related to recovery of a municipality machine during excavation at Maulana Mohammad Ali Jauhar University in Rampur.  The Division Bench of Justice Sunit Kumar and Justice Syed Vaiz Mian issued notice to the state government and the opposition, directing them to file reply within four weeks. The court further told the petitioners to cooperate in the investigation. Khan and his son were accused of stealing a machine, purchased by the municipality for cleaning of the city, in connivance with the chairman of the municipality.  The machine was recovered from the university campus. An FIR was registered in Kotwali on February 19 this year, regarding the missing machine. The petitioner said the case of Section 409 was not made out by the allegations of the FIR. He said the incident dated back to 2017, when he was not a public servant.  As per Khan, he was only the Ch

The Bombay High Court has dismissed a Public Interest Litigation (PIL) filed against the illegal grabbing of plots of land, which had been earlier acquired by the City and Industrial Development Corporation for implementation of a scheme for development of Navi Mumbai, by private respondent on the basis of fabricated documents. The petitioner has approached the High Court seeking inter alia the following relief: – “(b) This Hon’ble Court be pleased to issue a Writ ofMandamus or any other appropriate writ, order or direction directing the Respondents to register an FirstInformation Report against the said offenders in the above matter.” The Division Bench of Chief Justice Dipankar Datta and Justice Madhav J. Jamdar has observed that law is well settled by the Supreme Court in the decisions in All India Institute of Medical Sciences vs.Union of India, reported in (1996) 11 SCC 582, GangadharJanardan Mhatre vs. State of Maharashtra, reported in(2004) 7 SCC 768, Minu Kumari vs. State o

The Supreme Court on September 20 dismissed petitions which challenged the constitutional validity of the Haryana Sikh Gurdwara (Management) Act, 2014. The Act had created a separate juristic entity for the management of historical gurdwaras in Haryana mentioned in Schedule I; gurdwaras having income of more than Rs 20 lakh in Schedule II and those having an income of less than Rs 20 lakh in Schedule III. The Haryana Sikh Gurdwara Management Bill, 2014, says that it is an earnest effort to provide a legal procedure by which the gurdwaras may be brought effectively and permanently under the exclusive control of Sikhs of Haryana for their proper use, administration, control and financial management reforms. It was pointed out that the Sikh gurdwaras in the state were being governed by the provisions of the Sikh Gurdwaras Act, 1925, and the rules and regulations made thereunder. However, due to demands of Sikhs in Haryana, which were examined by two committees, it was decided to introdu

The Food Safety and Standards Authority of India (FSSAI) has released a draft notification for front-of-pack labelling to discourage consumers from buying packaged food high in sugar, salt and fat. As per the draft notification, it will be mandatory for packaged foods to carry a star graphic next to the brand name. The star graphic, ranging from 0 to 5, will be placed next to the name of the brand. Like the star-rating system for energy efficiency of electronic products, the “Indian Nutrition Rating (INR)” will see the unhealthiest food items carry a low rating and the healthiest ones a high rating. More stars indicate that the packaged food has higher nutrients.  A notification was issued on September 13, 2022, to amend the Food Safety and Standards (Labelling & Display) Regulations, 2020, which the FSSAI proposes to make with the approval of the centre. The notification said that objections or suggestions, if any, may be addressed to the CEO, FSSAI, within 60 days. These regu

The Supreme Court on Friday issued notice on a petition filed by All India Majlis-e-Ittehadul Muslimeen President Asadduddin Owaisi, challenging the Allahabad High Court’s decision to grant bail to two persons, who attacked his convoy in Uttar Pradesh in February this year. The two-Judge Bench of Justice M.R. Shah and Justice Krishna Murari issued notice on the aspect as to why the High Court should not be asked to consider the bail plea afresh. The Apex Court fixed November 11 as the next date of hearing. The convoy of the Lok Sabha MP from Hyderabad had come under attack in Hapur in Uttar Pradesh, while he was returning after attending events related to campaigning for the Rajya Sabha elections. One of the accused was arrested within 24 hours of the incident, while the other one surrendered later. They were identified as Shubham, native of Nakur in Saharanpur and Sachin, resident of Badalpur in Gautam Buddh Nagar. According to police, the accused said they were triggered by the

The Supreme Court rejected on Friday a petition filed against installing the State Emblem atop the Central Vista building, claiming that its design was in violation of the State Emblem of India (Prohibition Against Improper Use) Act, 2005. The Bench of Justice M.R. Shah and Justice Krishna Murari said that they have seen the emblem and found it not violative of the law. The Court remarked that the impression the emblem gives depends on the mind of the person. It was a matter of perception, not violation. The Bench said in its order that the Court has gone through the emblem of which grievance is made, and can say that it is not in contravention with the Act. The petition was filed by Advocates Aldanish Rein and Ramesh Kumar Mishra, who believed that the lions portrayed in the emblem inaugurated by Prime Minister Narendra Modi appear ferocious and aggressive with open mouth and visible canines, in contrast with the State Emblem preserved in the Sarnath Museum, where the lions seem

A local court in the national capital on Friday granted bail to former JNU student Sharjeel Imam in a sedition case of 2019. However, Imam would remain behind the bars as he was yet to get bail in other cases pending against him, including the larger conspiracy leading to riots in Delhi.   The former JNU student was granted bail in the FIR registered at New Friends Colony Police Station, alleging that his ‘provocative speech’ against the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC) at Jamia Millia Islamia led to violence in the area. A detailed copy of the order passed by Additional Sessions Judge Anuj Agrawal is awaited. On September 26 this year, the Delhi High Court had permitted Imam to withdraw his application for regular bail and directed the trial court to first consider his application seeking relief under Section 436-A CrPC on the ground that he has remained in custody for 31 months. Under Section 436-A, a person can be released by the cou

The Supreme Court Collegium has recommended the Central government to elevate three High Court judges as Chief Justices and transfer one Chief Justice and three judges to four High Courts in the country. The Collegium took the decisions during its meeting on September 28, 2022, held under the chairmanship of Chief Justice of India U.U. Lalit. Justice D.Y. Chandrachud and Justice Sanjay Kishan Kaul were the other members of the Collegium. As per the recommendation, Justice S. Muralidhar, currently serving as the 32nd Chief Justice of Orissa High Court, was recommended for transfer to the Madras High Court in the same capacity. Bombay High Court Judge, Justice Prasanna B. Varale, was recommended for elevation as Chief Justice of Karnataka High Court. Two judges were recommended for elevation to take charge as Chief Justice of the same High Courts. These include Orissa High Court Judge Justice Jaswant Singh and Justice Ali Mohammad Magrey of the Jammu & Kashmir and Ladakh High C

By Shivanand Pandit Six months after it released the draft strategies for transforming higher educational institutions (HEIs) and making them multidisciplinary, the University Grants Commission (UGC) is ready to finalise those strategies. The guidelines assert that as per the suggestions of the National Education Policy (NEP), all HEIs will be classified into three classes. These are Teaching-intensive Universities, Research-intensive Universities and Degree-awarding Autonomous Universities. As per the guidelines, all HEIs will have to become multidisciplinary universities or degree-awarding independent institutions by 2035 and the multidisciplinary teaching and research universities will have over 3,000 students. Previously, the chairman of UGC, M Jagadesh Kumar, had mentioned that all affiliated self-governing colleges in India must turn into independent degree-awarding institutes. To make this viable, the Draft Guidelines for Transformation of HEIs declare that the affiliated co

The Speaker of a Legislative Assembly does not have power to deny pension and other benefits to a former MLA, while deciding on a disqualification plea against him, the Supreme Court has observed.  The Bench of Chief Justice U.U. Lalit, Justice Ravindra Bhat and Justice J.B. Pardiwala made the above remarks, while hearing a set of appeals by then four JD(U) MLAs – Gyanendra Kumar Singh, Rabindra Rai, Neeraj Kumar Singh and Rahul Kumar, who were not only disqualified, but also denied pensionary benefits on November 11, 2014 by the 15th Bihar Legislative Assembly Speaker. Setting aside the directions issued by the Speaker in Paragraph 28 of his order, the Apex Court noted that the Speaker was not within his jurisdiction to issue such directions (other than the direction of disqualification).  The top court of the country maintained that it was not going into the question of disqualification and said all related questions were left open. It noted that since the 15th Legislative Assem

The Rajasthan High Court has directed the State Medical and Health Department to hire proper medical and technical staff in blood banks across Rajasthan within the next six months.  The Division Bench of Justice Sandeep Mehta and Justice Kuldeep Mathur disposed of a PIL raising the issue in relation to the use of advance technology for blood transfusion.   Pankaj Sharma, Additional Advocate General (AAG), submitted that the requisite testing facilities are available at all district headquarters. He further submitted that the committee itself has concluded in its report that NAT is not mandatory in every blood bank. He further pointed out that presently, facility of blood analysis through NAT is available at two centers in the State of Rajasthan. ELISA IV Generation test, which is acceptable universally, is comprehensive and acceptable all over the world and the state has approved the usage of this test in all blood banks.  The Court is apprised that proper manpower in terms of

The Allahabad High Court in the Gyanvapi Mosque-Kashi Vishwanath Temple dispute, asked the Director General (DG) of the Archaeological Survey of India (ASI) to file a personal affidavit in compliance with an earlier order   on the site at Varanasi where both Muslims and Hindus have laid claim for right to worship. The bench of Single-judge Justice Prakash Padia said that this matter is of great importance to Nation as the case had been pending since 1991, thus have instructed  the DG to comply with the order in letter and spirit. The order said that s ince t he matter is of National importance and fact that the suit is pending before the trial Court since 1991, this Court hopes and trust that the respondent No.7/the Director General, Archaeological Survey of India, New Delhi will comply with the order dated 12.09.2022 in its letter and spirit on or before the next date fixed in the matter, i.e., October 18, 2022. The Court has granted the DG some additional time as she was unwell a

The Supreme Court has observed that ending a marriage should not require proving the fault of one of the spouses, as there can be many situations when a marriage may not work because of irreconcilable differences. The Constitution Bench, headed by Justice Sanjay Kishan Kaul and also comprising Justice Sanjiv Khanna, Justice A.S. Oka, Justice Vikram Nath and Justice J.K. Maheshwari, said that the divorce laws in India are based on the fault theory, while the reality could be that these two people could not be good partners. The Bench asked that in divorce, “Why must one person be attributed at fault?,” while hearing a bunch of petitions pertaining to the Supreme Court’s power to grant divorce on the ground of irretrievable breakdown of relationships. The bench said that most of the faults that parties allege while seeking divorce arise only out of societal norms and expectations. “What is wrong if a girl does not like to wake up and prepare tea [in such cases]? Somebody will say tha

The Supreme Court on Thursday termed the exclusion of unmarried women who conceive out of live-in relationship from the Medical Termination of Pregnancy Rules as unconstitutional and said all women were entitled to safe and legal abortion. The Bench of Justice D.Y. Chandrachud, Justice A.S. Bopanna and Justice J.B. Pardiwala held that the 2021 amendment to the Medical Termination of Pregnancy Act did not make a distinction between married and unmarried women. The matter was related to the question whether the exclusion of unmarried women, whose pregnancy arise out of consensual relationship, from Rule 3B of the Medical Termination Rules, was valid. Rule 3B mentions the categories of women whose pregnancy in the duration of 20-24 weeks can be terminated. As per the Court, if Rule 3B(c) was understood as only for married women, it would perpetuate the stereotype that only married women indulged in sexual activities, which was not constitutionally sustainable. Reading out the excerp

Supreme Court of India has set up fifth Constitution Bench for hearing six important cases. This bench has Justice KM Joseph, Justice Ajay Rastogi, Justice Aniruddha Bose, Justice Hrishikesh Roy and Justice CT Ravikumar. The cases that shall be heard by this bench include: 1.WhatsApp’s privacy policy and its users’ right to privacy under Article 21 . 2.A plea seeking fault free mechanism for the appointment of the members in Election Commission . 3. Plea for bull taming sport, like Jallikattu to be allowed as cultural right. This plea challenges the Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act, 2017 passed by the State of Tamil Nadu to allow Jallikattu  4. Questions around the practise of Euthanasia 5.Case on validity of arbitration agreement embedded in an unstamped contract  -6.Issue of Adultery Supreme Court has already set up 4 Constitution bench and with the fifth Constitution Bench, 25 of the 29 judges in top court will be part of Constitution Benches. T

The Jammu and Kashmir High Court dismissed the Public Interest Litigations (PILs) challenging the establishment of Directorate of Prosecution and creation of separate Prosecution Service to be known as Jammu & Kashmir Prosecution Service. In anticipation of the enforcement of the Jammu & Kashmir Reorganization Act, 2019, the Government of Jammu and Kashmir vide order No. 1104-Home of 2019 dated 30.10.2019, accorded sanction to the establishment of Directorate of Prosecution and creation of separate Prosecution Service to be known as Jammu & Kashmir Prosecution Service, comprising of the members of the Jammu & Kashmir Police (Gazetted) Service (Prosecution Wing) and Prosecuting Officers (NonGazetted) as its members. By the impugned order No. 1104-Home of 2019 dated 30.10.2019, sanction was accorded to : “6. Now, therefore, sanction is hereby accorded to: (i) establishment of a Directorate of Prosecution, headed by a Director General (Prosecution), consisting of such

The Andhra Pradesh High Court dismissed a Public Interest Litigation (PIL) seeking a direction to set-aside the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments (Amendment) Act, 2021,as violative of Articles 25 and 26 of the Constitution of India. The Petition has been filed by one Sreenivasulu Palepu who was aggrieved by the excessive action of the Respondents in amending The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 , through the Amendment Act, 2021, as violative of Articles 14, 25 and 26 of the Constitution of India and the provisions of the Act. It is pleaded that, the rights enshrined in Right to Freedom of Religion’ head under Part III of the Constitution of India, more particularly, that of religious denominations in Article 26 of the Constitution of India, cannot be interfered with by the State, except in the interest of public order. The Andhra Pradesh Legislature though enacted the Act, and its Preamble as

The Delhi High Court granted statutory bail on Wednesday to former Chief Executive Officer of National Stock Exchange, Chitra Ramkrishna and former Group Operating Officer of NSE, Anand Subramanian in connection with the NSE co-location scam, which is being investigated by the Central Bureau of Investigation. However, the Single-Judge Bench of Justice Sudhir Kumar Jain clarified that the bail was not granted on merits under Section 439 of the Code of Criminal Procedure (CrPC). The High Court then directed the CBI to read the 110-page order. It stated that if the national agency agreed with the proposition of law, it would help them in future. Chitra had challenged the order of a Special CBI court, which had denied her bail in May this year. Chitra had challenged the order of a special CBI court, which denied her bail earlier in May, 2022. On February 11, the Securities and Exchange Board of India (SEBI) had found Ramakrishna’s alleged involvement in financial misdeeds relating to

The Supreme Court on Wednesday observed that it will decide on October 12, whether demonetisation has become ‘academic’ issue and whether it required any consideration at all. The views were expressed by a five-Judge Constitution bench headed by Justice Abdul Nazeer, while hearing petitions against the decision of the Narendra Modi government in 2016, declaring currency notes in the denomination of Rs. 500 and Rs. 1000 as redundant. “We are already burdened with so much pendency” says Justice Gavai. The Prime Minister, in a televised address to the nation on November 8, 2016, had declared that high denomination notes of Rs 500 and Rs 1000 will not remain a legal tender from the mid night. In the speech, the PM said that the Central government has declared a “decisive war” against black money and corruption. The unprecedented move and decision by the Union Government had evoked sharp reactions from the Opposition parties which rejected the move calling it reckless and an attack o