Thorat & Associate's

A lawyer has filed a public interest litigation (PIL) in the Rajasthan High Court seeking contempt of court proceedings against Rajasthan Chief Minister Ashok Gehlot under Article 215 of the Constitution for giving a derogatory statement against the Indian judiciary. Filed by Advocate Shiv Charan Gupta, the petition alleged that the remarks made by the Congress leader during an interaction with the media on Wednesday amounted to wilfull scandalisation of the judiciary and sought urgent intervention of the High Court. Interacting with the media on Wednesday, the Rajasthan Chief Minister alleged that there was rampant corruption in the judiciary, even at the level of higher judicial institutions. Gehlot went on to say that he has even heard about some lawyers writing judgments and taking the same to the court, where they were then pronounced by judges. Calling the current situation in the judiciary as ‘dangerous’ and ‘worrisome,’ the Rajasthan Chief Minister alleged that corrupt pra

The website of the Supreme Court of India was on Thursday subjected to a phishing attack, as the perpetrators took out personal details and confidential data of visitors using a different URL. The Registrar (Technology) disclosed the information to the public by way of a notice. As per the notice, the Registry has strongly advised the public at large to neither click nor share on links they receive without verifying the authenticity. It further said that the Registry, Supreme Court of India will never ask for personal information, financial details or other confidential information.” Further, victims of the attack have been advised to change the passwords of all their online accounts, and contact their banks to report any unauthorised access. The Registry has informed law enforcement agencies of the development for necessary action, the notice added. The post Supreme Court website comes under phishing attack appeared first on India Legal . from India Legal https://ift.tt/YQo

The High Court of Delhi on Thursday directed former Chief Minister of Jammu and Kashmir Omar Abdullah to pay Rs 1.5 lakh as interim maintenance to his estranged wife Payal Abdullah. In April 2018, a trial court had ordered the National Conference President to pay interim maintenance of Rs 75,000 per month to Payal Abdullah and Rs 25,000 to their son. The Single-Judge Bench of Justice Subramonium Prasad today enhanced the maintenance amount, directing Abdullah to Rs 1.5 lakh to his estranged wife and Rs 60,000 per month for the education of his son. The post Delhi HC directs former J&K CM Omar Abdullah to pay Rs 1.5 lakh monthly maintenance to estranged wife Payal Abdullah appeared first on India Legal . from India Legal https://ift.tt/ZUzGcSM

The Supreme Court has rejected the Central government’s arguments that it abrogated Article 370 and bifurcated Jammu and Kashmir into two Union Territories to end the problem of militancy and separatism faced by the erstwhile state. On the 12th day of hearing on Tuesday, the Constitution Bench of Chief Justice of India D.Y. Chandrachud, Justice Sanjay Kishan Kaul, Justice Sanjiv Khanna, Justice B.R. Gavai and Justice Surya Kant heard the arguments by the Union of India defending its August 5, 2019 decision to abrogate Article 370, stripping J&K of its special status. The Apex Court observed that various parts of the country had faced the problems of militancy and separatism, such as north-eastern States and even Punjab. Referring to the recent ethnic clashes in Manipur, the Constitution Bench told Solicitor General Tushar Mehta, appearing for the Centre, that he cannot say Jammu and Kashmir would be treated differently just because it was a border state. The SG replied that J&

The Lucknow Bench of the Allahabad High Court while allowing the appeal set aside the order passed by the Additional Sessions Judge, Sitapur, whereby the appellants have been summoned under Section 319 Cr.P.C in Special Trial (State Vs Shivpal Singh & Others), under Sections 452, 323, 427, 504, 506 I.P.C and Section 3(1)(Gha) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Kotwali, District Sitapur. A Single Bench of Justice Shamim Ahmed passed this order while hearing a Criminal Appeal filed by Vishwapal Singh And 2 Ors. Counsel for the appellants submitted that initially an impugned F.I.R was lodged by the opposite party no 2, complainant on 29.02.2016 at Case under Sections 323, 147, 452, 504, 506, 427 I.P.C and Section 3(1)(xi) of S.C/S.T Act against the five persons including the appellants. Thereafter, the matter was thoroughly investigated and nothing was found against the appellants and they were expunged by the Inves

The Allahabad High Court has while dismissing the petition said that the trial court in exercise of its powers under Section 216 Cr.P.C cannot delete the charges framed by it for the offences as the criminal procedure code does not confer such powers on the court. The trial court can only alter a charge or to add to a charge, which has already been framed. A Single Bench of Justice Ram Manohar Narayan Mishra passed this order while hearing a Criminal Revision filed by Dev Narain. The criminal revision has been preferred against the order dated 30.1.2023, passed by the Additional District and Sessions Judge (FTC), Chitrakoot in Sessions trial, arising out of Case under Sections 498-A, 304-B, 323 IPC & 3/4 of D.P Act, 1961, Police Station Karwi Kotwali Nagar, District Chitrakoot, whereby the court below rejected the application 29-Kha moved under Section 216 Cr.P.C by the revisionist for alteration of charges framed against him. The facts of the case are that in case FIR was lodg

Former Chief Justice of India (CJI) N.V. Ramana has been appointed as a member of the International Mediation Panel of the Singapore International Mediation Centre (SIMC). The announcement was made by SIMC chairperson George Lim, who presented Justice Ramana with the letter of appointment in Singapore on Tuesday. Justice Ramana has gone to Singapore to take part in the “Singapore Convention Week”, the annual convention organised by Singapore’s Ministry of Law, the United Nations Commission on International Law (UNCITRAL) and over 20 partner organisations. During his visit to the Lion City, Justice Ramana met the representatives of SIMC and four Indian corporate majors – Tata, Reliance, Mahindra and Aditya Birla groups on Tuesday.  These top four Indian multinational corporations (MNCs) have come forward to sign the ‘Declaration of Intent’ to support mediation at the initiative of Justice Ramana. During his tenure as a judge, Justice Ramana had strongly advocated for adoption of

The Supreme Court on Tuesday granted Delhi Chief Minister Arvind Kejriwal four-weeks’ time to file a rejoinder to the counter-affidavit submitted by the State of Uttar Pradesh in a 2014 case registered against him for allegedly saying that all those who believed in ‘Khuda’ won’t be pardoned by ‘Khuda’ if they voted for BJP. The Bench of Justice M.M. Sundresh and Justice J.B. Pardiwala adjourned the hearing to the last week of September after the Counsel appearing for the national convenor of Aam Aadmi Party (AAP) sought two-weeks’ time to file the rejoinder The petition filed by Kejriwal challenged the Allahabad High Court order of January 2023, which refused to grant him discharge in a criminal case arising out of his controversial remarks made during the campaigning of 2014 elections. The counsel appearing for the Uttar Pradesh government said that the State had no objection to the request for adjournment of the hearing. The Supreme Court had, in February 2023, granted a tempora

The Supreme Court on Tuesday directed the Central government to provide a time frame or roadmap for the restoration of statehood in Jammu and Kashmir, which was bifurcated into two Union Territories on August 5, 2019, following the abrogation of Article 370. Noting that the matters concerned ‘national security’ and that the preservation of the nation itself was an overriding concern, the Apex Court, however, directed Solicitor General Tushar Mehta, who appeared for the Union of India and the Jammu & Kashmir administration, to seek instructions on the highest level in the matter. The SG contended that a statement had been made by the Government of India at the Floor of the House and efforts were being made in this direction. He added that once these efforts were fruitful and the situation returned to normal, Jammu and Kashmir would again be granted statehood. He further said that for the first time in decades, local body elections took place in Jammu and Kashmir in 2020. There w

The Allahabad High Court has directed to conduct the election of Meerut’s Supreme Tower Apartment Association within two months. A Single Bench of Justice Kshitij Shailendra passed this order while hearing a petition filed by Supreme Tower Apartment Owner Associates. The petition has been filed substantially with a prayer that fresh elections be held, whereas petition has been filed challenging the order dated 13.12.2021 whereby the Deputy Registrar, Firms, Societies and Chits, Meerut, after making an observation to the effect that the elections dated 03.10.2021 conducted under the supervision of an Observer J.P Uppal, who was appointed by the office of the Deputy Registrar, are valid and raising doubts on the elections dated 15.09.2021 set up by the petitioner and declaring the same as without any competence, it has been observed that since under the provisions of Section 25(1) of the Societies Registration Act, 1860, it is the Prescribed Authority, i.e the Sub-Divisional Officer o

The Central government has said in the Supreme Court that Census being a statutory process under the Census Act, 1948, only the Union of India had the right to conduct the exercise. The Centre made the submission by way of an affidavit on Monday on a batch of appeals challenging the caste-based survey undertaken by the Bihar government. Submitted by the Ministry of Home Affairs (MHA) on behalf of the Office of the Registrar General, which comes under the Union Ministry, the affidavit contended that the subject of census fell under the Union List as per Entry 69 in the Seventh Schedule of the Constitution. Several petitions have been filed in the top court of the country against the Patna High Court verdict of August 1, which upheld the constitutional validity of the caste survey currently underway in Bihar, calling it ‘perfectly valid’. Earlier on August 18, the Apex Court had contemplated over the question whether the right to privacy under Article 21 of the Constitution would be

The Karnataka High Court dismissed a Public Interest Litigation (PIL) filed by the petitioner praying to quash the communication dated 13.01.2023 forwarded by the Additional Chief Secretary to Government, Finance Department (Excise) to the Commissioner of Excise, Bengaluru.   The Division Bench of Chief Justice Prasanna B. Varale and Justice M.G.S. Kamal on perusal of the said communication noted that a proposal is sought from the Commissioner of Excise on certain issue. “Admittedly, there is nothing on record to show that the Commissioner of Excise submitted his response to the Government or in turn, the Government has passed any order.” Thus, the petitioner has filed the petition on assumption that on receipt of the said communication, the Commissioner of Excise would submit a favourable proposal to the Government. Firstly, the petitions on such assumptions and presumptions of the parties will not be entertained and secondly, the subject matter is a policy decision of the Govern

Former Supreme Court judge, Justice Indira Banerjee hailed former Chief Justice of India, Justice M.N. Venkatachaliah, for conducting his court with unmatched dignity and grace.  Speaking during the book discussion on ‘Exploring the Legacy of Justice M N Venkatachaliah,’ organised by the SKOCH India Law Forum on Sunday, Justice Banerjee said Justice Venkatachaliah was extremely courteous with bar members.  He never entered into an argument with the members of the bar and always asked relevant questions during court proceedings. Justice Banerjee said she was a ‘toddler in the profession’ when Justice Venkatachaliah became a Supreme Court judge in 1987. She said though she did not get to appear before his court, she was fortunate enough to read his ‘erudite’ judgements, which showed the knowledge Justice Venkatachaliah possessed.  She said the former CJI was a role model for any judge. Talking about the basic characteristics of a judge, she said a judge must be independent, impartia

The Allahabad High Court has stayed the arrest of Deepak Gupta of Noida, accused of cheating crores of rupees by selling fake paintings of famous painter Picasso. The Division Bench of Justice Vivek Kumar Birla and Justice Vinod Diwakar passed this order while hearing a petition filed by Deepak Gupta @ Deepak Kumar Gupta. By means of the petition, the petitioner is seeking quashing of the first information report dated 10.06.2023, registered through application under Section 156(3) Cr.P.C with Case under Sections 420, 406, 467, 468, 471, 306, 506 & 120B IPC, Police Station Sector 20, Noida, District Gautam Buddh Nagar. Further prayer has been made not to arrest the petitioner pursuant to said FIR. Submission of the Senior Counsel for the petitioner is that the first information report has been lodged by filing an application under Section 156(3) Cr.P.C on 23.05.2023 levelling allegations against the named accused persons that they are responsible for the suicide committed by Ca

The Karnataka High Court while observing that Public Interest Litigation (PIL) which has been filed only on assumptions and presumptions cannot be entertained by the Court, dismissed a PIL praying to quash the Certificate of Registration granted in favour of respondent No 8 (clinic). R C Nagaraj , counsel for the petitioners vehemently submits that respondent No.8 has obtained the Certificate of Registration by misleading the Authorities that the Diagnostic Centre is situated beyond 300 meters from the Government Hospital. He invited the attention of the Court to the Certificate of Registration which shows that the period of validity of Certificate of Registration is from 31.10.2022 to 30.10.2027. He submits that Clause (2) of the Certificate of Registration makes it clear that any contravention of the Act and Rules shall result in suspension or cancellation of the Certificate of Registration before the expiry of the said period of five years apart from prosecution. He further sub

Highlighting the importance of holistically considering applications for premature release or remission of eligible convicts, the Supreme Court has laid down factors for the remission board or the government to consider while deciding on such petitions. The Bench of Justice S. Ravindra Bhat and Justice Prashant Kumar Mishra recently observed that while deciding on remission, the board or the government should consider the potential of the convict to commit crimes in the future; his socio-economic conditions, age, state of health, familial relationships, the possibility of reintegration and the extent of earned remission. It should further take in view the post-conviction conduct including, but not limited to, whether the convict has attained any educational qualification while in custody, volunteer services offered, job or work done, jail conduct, whether they were engaged in any socially aimed or productive activity, and the overall development as a human being; As per the Apex Co

The Supreme Court has dismissed a petition filed by a group of teachers in Homeopathic Medical Colleges in Kerala seeking increase of their retirement age from 55 years to 60 years at par with the teachers of other Medical Colleges. The Bench of Justice Hima Kohli and Justice Rajesh Bindal refused to entertain the petition on the grounds that the age of retirement was purely a policy matter, which fell under the domain of the state government. The petitioners had moved the Apex Court in 2010 against the Kerala High Court verdict, which refused to grant them relief in the matter. In April 2012, while the appeal was pending in the Supreme Court, the Government of Kerala enhanced the age of superannuation of teaching staff in Homeopathic Colleges to 60 years. The state government further enhanced the retirement age of teachers in Ayurvedic and Dental Colleges in 2012. The appellants, therefore, sought an alternate relief for retrospective application of the 2012 Government Order to t

The Government of National Capital Territory of Delhi (GNCTD) has issued a show cause notice to the Medical Superintendent of Maharaja Agrasen Hospital, Punjabi Bagh, New Delhi for medical negligence leading to death of a patient.  Following the Delhi High Court order of July 13, 2023, the GNCTD took action on a report of the committee appointed by the High Court, which highlighted various shortcomings amounting to medical negligence by the doctors treating the brother of the petitioner. It forwarded the report to the Director General, Health Services (DGHS) with the request to examine the matter and submit a compliance report. The Medical Superintendent (Nursing Home), DGHS forwarded the report to the Registrar, Delhi Medical Council, seeking fresh inquiry in the matter.  On July 13, the High Court of Delhi had disposed of a petition, which sought contempt proceedings against the respondents for wilful disobedience of the January 13, 2021 verdict of the High Court in case Bhushan

By Dr Swati Jindal Garg Former Supreme Court judge Justice Arijit Pasayat said: “While a murderer destroys the physical frame of the victim, a rapist degrades and defiles the soul of a helpless female.” Acknowledging that sometimes cruelty, especially of a sexual nature, cannot be seen but only felt, the Delhi High Court recently said that the mere lack of injuries on the victim’s private parts cannot be used as a basis to conclude that a penetrative sexual assault under the POCSO Act did not occur. The most important question that now follows is whether a lack of any physical injury on the victim is conclusive proof that there was no coercion involved and hence goes to prove that rape did not occur? Justice Amit Bansal of the Delhi High Court, while upholding the conviction of an accused in a case involving sexual offenses against a four-and-a-half-year-old victim, observed: “It is not necessary that in every case there would be an injury caused. Therefore, mere absence of injurie