LEGAL NEWS 20.07.2011

Subramanian Swamy courts trouble over hate article


He should be immediately arrested under Section 153 A of the Indian Penal
Code,” said Dr Abraham Mathai, vice chairman of the Minorities Commission
of Maharashtra. Two days after Dr Swamy’s article appeared in the DNA
newspaper, 24-year-old law student …






Case foisted on us, allege Kanchi Mutt seers

The Hindu

The seers have been charged under Sections 120-B (Criminal conspiracy) and
302 (murder) of the Indian Penal Code. The Judge adjourned the hearing to
tomorrow when the remaining 20 accused would be questioned to record their
explanation. …






Customs dept puts an end to 50-yr-old woman’s toy story


Import and export of sex toys is banned under section 292 of the Indian
Penal Code. The section bans obscene objects that could be sold, hired,
publicly exhibited or circulated. Lingerie items are not allowed to be
brought in personal baggage if they …






Hasan Ali stashed $800 mn in foreign banks: ED

The Hindu

Justice AM Thipsay was hearing a bail application filed by Mr. Khan after a
sessions court rejected his bail plea. The matter will be heard on July 26.
“Khan and his aide Kashinath Tapuriah have deep links with bank officials
in the US, Switzerland, …






Court pulls up CBI


THIRUVANANTHA-PURAM: The Ernakulam principal sessions court has once again
lashed out at the CBI in connection of the custodial death of Sampath, the
prime accused in Puthur Sheela murder case. While hearing on the bail plea
of sub inspector Ramesh, …






Vote nearer your home in upcoming election


Under the law, restoration of names to the Registers of Electors will be
suspended once the Writ of Election is issued. You can apply for
restoration online via the ELD website using your SingPass. You can also
submit your completed application form by …






Petition against TGV dismissed

HYDERABAD: Justice Rohini of AP High Court on Monday dismissed a writ
petition against minor irrigation minister TG Venkatesh. pressure from the
minister and his son. The open place was actually meant for lung space. The
petitioner said he owned about …






Best neurologists list sought for woman in coma


Under these circumstances, Ganesan filed a writ petition at Madurai Bench

seeking action against the person involved in wrong treatment and also to

provide compensation to his family. When the writ petition came up for

hearing before Justice R Sudhakar …




Court refers BSY plea to CJ




On the first day of hearing the chief minister’s petition,JusticeAS

Bopanna issued the direction as it raises larger constitutional questions

and also the maintainability of writ petitions. “ In exercise of power

under Section 8 of Karnataka High …





I was framed-up, says Kanchi seer


The trial was shifted from Chengalpattu to Puducherry on November 28, 2005,

following a Supreme Court order on a writ petition filed by the

Sankaracharya. The examination of witnesses started on April 2, 2009.

Special Public Prosecutor N Devadoss had …





Jagan probe: Six firms submit documents to CBI


The court passed the order while admitting the complaints of three people,

including state Textile Minister P.Shankar Rao and Telugu Desam Party

leader Yerran Naidu, as writ petitions in the case. The petitioners alleged

that Jagan illegally amassed …





Bombay High Court rejects ABNL’s writ petition against the IT


The Bombay High Court has rejected a writ petition filed by Aditya Birla

Nuvo Limited (ABNL), challenging a notice sent by the income tax (IT)

department, …’s-writ-petition-against-the-it-department




‘CM had misled on EWS flats’


Times ofIndia


NEW DELHI: Delhi Lokayukta Justice Manmohan Sarin on Monday indicted chief

minister Sheila Dikshit for “misrepresenting” facts while announcing that

60000 low-cost flats were ready under the ‘Rajiv Rattan Awas’ scheme, in

the run-up to the 2008 …





Can governor give sanction against cabinet’s advice?


Times ofIndia


Justice AS Bopanna who heard the petition filed by chief minister BS

Yeddyurappa on Monday referred the petition to the Chief Justice to place

the same before a larger bench as important constitutional matters were

involved. “The important question of …





Setback for Jayalalithaa: School books praising Karunanidhi to stay


Daily News & Analysis


A bench of Chief Justice MY Eqbal and Justice Sivagnanam struck down the

amendments made by the Jayalalithaa government to defer implementation of

the Tamil Nadu Uniform System of School Education Act (Samacheer Kalvi)

that ushered in a common school …





Supreme Court: defer decision on wage board recommendations


The Hindu


The Supreme Court on Monday asked the Centre not to implement the

recommendations of the GR Majithia wage boards for journalists and

non-journalists for two weeks. A Bench of Justices Dalveer Bhandari and

Deepak Verma told Additional Solicitor-General …





Houses allotted for SC/STs misused


BANGALORE: The Social Justice Committee that inspected various places has

found that the houses that were allotted by the BBMP for SC and ST have

been misused; they have other occupants. The release from BBMP said that

the Committee which visited …





Sterlite issue: SC directs TN to file affidavit


Express Buzz


NEW DELHI: The Supreme Court, on Monday, directed the Tamil Nadu government

to file an affidavit on the report submitted by the National Environmental

Engineering Research Institute (Neeri) on Sterlite Industries. It also

directed the District …





SC steers clear of The Hindu family feud


Times ofIndia


NEW DELHI: Steering clear of the family feud over the control of The Hindu

media empire, the Supreme Court on Monday refused to entertainN Ravi

faction’s appeal against a Madras High Court order allowing the N Ram

faction to choose a non-family member …





Tinted glass on vehicles under SC scrutiny




The Supreme Court on Monday issued a notice to the Centre on a petition

seeking a ban on the use of black film or tinted glass in vehicles which is

circuitously aiding multiple crimes. A bench headed by Justice SH Kapadia

sought a response from the …






Don’t question SC, activists tell Chhattisgarh CM




Justice Rajinder Sachar, formerDelhi[ Images ] high court judge and

member of the People’s Union of Civil Liberties, has appealed to

Chhattisgarh Chief Minister Raman Singh not to file review petition in the

Supreme Court against its order last week …





Allow parking lots under playgrounds: MCD to SC panel


Times ofIndia


NEW DELHI: With parking problems inDelhi’s residential colonies

multiplying by the day, the Municipal Corporation of Delhi (MCD) is

planning to approach the Supreme Court-appointed Environmental Pollution

Control Authority (EPCA) again to ask it to …




SC gives SKS Micro 2 wks to amend affidavit against AP Act


Published on Mon, Jul 18, 2011 at 21:14 | Source : PTI The Supreme Court

today directed SKS Microfinance , which has challenged the special act

passed by the Andhra Pradesh government to regulate micro-finance

institutions in the state, …





Rs 50 lakh fine imposed on pvt hospital for negligence


PTI | 10:07 PM,Jul 18,2011 Jaipur, Jul 18 (PTI) In a major judgement, the

Rajasthan consumer forum has slapped a fine of Rs 50 lakh on a city private

hospital for negligent treatment of a patient nearly 14 years ago.A full

bench of the forum reversed …





Mid-Day scribe murder: Bombay HC dismisses petitions seeking CBI probe


Justices Ranjana Desai and RV More, however, did not pronounce the reasons

in the operative part of their judgement for dismissing the petitions,

Doordarshan reports. The verdict of the court came in the wake of petitions

filed by advocate VP Patil, …





Amendment to Uniform System of School Education Act struck down


The Hindu


The Madras High Court on Monday struck down an amendment to the Tamil Nadu

Uniform System of School Education Act, introduced by the AIADMK government

to defer implementation of the ‘samacheer system,’ as unconstitutional and

ultra vires Art.14 of the …





Money laundering Act to be amended: Pranab


The Hindu


Indiais in the process of making suitable amendments to the Prevention of

Money Laundering Act and Unlawful Activities (Prevention) Act to bring them

in line with the main recommendations of the Financial Action Task Force

(FATF), said Union Finance …





Vodafone pleads guilty to breaching Fair Trading Act


National Business Review


Vodafone has pleaded guilty to five charges of misleading representations

under the Fair Trading Act in Auckland District Court yesterday. The

Commerce Commission is seeking a penalty in excess of $500000 from the

company and has laid charges in …





HC asks how governor’s office is not ‘public authority’ under RTI


Times ofIndia


The commission had passed the order on a plea filed by activist Aires

Rodrigues under the RTI Act. The RTI Act states that an applicant has the

right to access information which is held by or under the control of any

public authority. …





Don’t overreach, SC tells judiciary


Zee News


New Delhi: Amidst criticism of judicial activism, the Supreme Court has

said judiciary cannot encroach into the powers of the legislature or the

executive as it would be violative of constitutional rules on separation of

powers between the different …





PIL seeks transfer of blasts probe to CBI


Indian Express


A lawyer on Monday filed a PIL in the Bombay High Court seeking a CBI

inquiry into the bomb blasts at Opera House, Zaveri Bazaar and Dadar

Kabootarkhana. “It is an attack on the Government of India. It is not a

local crime and therefore the …





PIL in Allahabad HC Seeking Ban on ‘Delhi Belly’ Song




The PIL was filed by a law student Saumitra Dwivedi who has moved the court

with the prayer that the controversial song ‘DK Bose’ contained

“objectionable and obscene” lyrics and, hence, it be banned. The movie,

which was released earlier this month, …





No junk food near schools, varsities




The affidavit was filed before a HC bench, which has been hearing a PIL,

filed by an NGO, seeking a ban on junk foods and aerated drinks in and

around educational institutions. The court had asked the health ministry to

apprise it of the steps taken to …





Uttar Pradesh Questioned on Health Scheme Funds


A public interest litigation (PIL) on the National Rural Health Mission

(NRHM) alleged the financial lapses were directly linked to the murder or

suspicious death of three doctors associated with the scheme for villages.

The PIL was filed by …




Court: Wrong affidavits are filed only in state


Times ofIndia


… their response on the wrong affidavit filed before the court (dated

July 14, 2011) in respect of a PIL filed by senior advocate and former

advocate general RN Narasimha Murthy highlighting the continuing practice

of manual scavenging in the state. …





Anti-encroachment drive on HEC premises an uphill task


Times ofIndia


The order was passed by the court on a PIL, which demanded removal of

encroachment in the city as it has become a hazard for traffic and safety

of people. In the past three months, all the major encroachments of the

city, including those in Islam Nagar …





HC orders inquiry about energy plant to ascertion health


The government should have conducted tests on pollution before setting up

the plant. Human lives are more important than any factory. The residents

are already suffering due to a bio-gas plant in the area. There is a foul

smell, the PIL said.





Prosecution lawyers want Susairaj back in the dock


Times ofIndia


MUMBAI: Close on the heels of convicted accused Emile Jerome filing an

appeal in theBombayhigh court, the prosecution in the Neeraj Grover

murder case has prepared its draft of the appeal. The draft was sent to the

law and judiciary department of the …





Tata didn’t abandon Singur: Counsel


Times ofIndia


KOLKATA: Tata Motors Limited was compelled to stop the Nano project as the

state government failed to provide adequate security, the company’s counsel

Samaraditya Pal told the court of Justice Soumitra Pal ofCalcuttahigh

court on Monday. …





Unhappy with police probe, Shobhit’s father turns to court

New DelhiWith the nine-week-long investigation of the Delhi Police into

the murder of B Tech student Shobhit Modi drawing a blank, his father moved

the Delhi High Court on Monday saying that the family had “lost all

faith” in the local police. …





Susanto Ghosh gets anticipatory bail


Times ofIndia


KOLKATA:Calcuttahigh court on Monday granted conditional anticipatory

bail to former minister Susanto Ghosh who apprehended arrest after

skeletons were found near his ancestral home inWest Midnapore. The

division bench of Justice Girish Gupta and …





‘Submit Kalka probe details’


Times ofIndia


ALLAHABAD: On Monday,Allahabadhigh court asked the Ministry of Railways

to file a counter-affidavit within two weeks, along with duly updated probe

report on the Kalka Mail mishap. The court passed this order while hearing

a writ petition filed on …




Contempt notice to sports ministry, SAI


Times ofIndia


JAIPUR: A single judge bench of the Rajasthan high court on Monday took

serious note of the alleged political interference in the management of

national sports federation for the game of karate. The AllIndiaKarate-Do

Federation (AIKF), Mumbai has its …




India‘s most secret incinerator is here




The Madhya Pradesh high court has ordered that the drdo dispose off toxic

waste from union carbide’sbhopalplant. Why the secrecy?INDIAMAY have

sent rockets into space. But as a nation, we are not yet potty trained.

With more than six decades of …





Former Delhi High Court Judge Ramesh Chandra Chopra new Copyright Board Chief


Section 12 lays down the Board’s powers deeming it a civil court for

certain sections of the Code of Criminal Procedure, 1973 and its

proceedings to be judicial proceedings within the meaning of Sections 193

and 228 of the Indian Penal Code.




Goa to implement MoI circular this year: AG


Times ofIndia


PANAJI: The advocate general (AG), Subodh Kantak, on Monday informed the

high court of Bombay atGoathat the state government would implement the

medium of instruction (MoI) circular from this academic year. On July 12,

the high court had directed the …







High court asks state to furnish details of Nashik plot allotment




While hearing a public interest litigation filed by Aurangabad-based social

activist Chetan Kamble, theBombayhigh court asked the state government to

furnish records pertaining to allocation of a plot of land admeasuring

16000 sq m at Deolali in …






To watch IPL, cops made terror accused miss court


Mumbai Mirror


Four terror accused missed their hearing at MCOCA court on April 30 because

three cops, who were escorting them, allegedly didn’t want to miss an IPL

game. On Monday, the Bombay High Court (HC) has directed the Navi Mumbai

police commissioner to …




Noida extension flat buyers gear up to move HC


Business Standard


Farmers of these villages had filed a petition in the HC against the

acquisition of their land by Noida Authority. The Association would

petition the HC to be made a party in the case and be heard before the

court delivers its observation. …





HC lambasts government over land grab


BANGALORE: Are you creating a hell for the next generation? This kind of

land grabbing happening in Karnataka is not seen anywhere in the country.

What kind of people are you?This is how Chief Justice JS Khehar pulled up

the State Government while …





‘Illegal’ migrants challenge tribunals’ orders in HC


Times ofIndia


GUWAHATI: People fromBangladesh, who have been declared as illegal

migrants and detained in various camps so that they don’t mange to do a

vanishing act, have filed a petition in Gauhati high court challenging

orders given by foreigners’ tribunals. …






Better roads this monsoon, MCD tells HC


Times ofIndia


Earlier, expressing displeasure at the condition of the roads, HC had

appointed two lawyers to assist the case and sought suggestions from them.

These suggestions were filed in April this year and the court asked MCD to

make its stand clear before the …







State could have waited before proceeding against Verma: HC


Times ofIndia


AHMEDABAD: IPS officer and investigator in the Ishrat Jahan encounter case,

Satish Verma on Monday got a reason to feel a little relaxed when a

division bench headed by the chief justice made some oral suggestions to

the state government. …






Treat dyslexia as a handicap: Calcutta HC




She had then moved the HC saying since she was a dyslexia patient she could

not attend all the classes. Court had then directed the school to allow her

to sit for exams. It had also directed the state and the Centre to

formulate a policy for the …





Include HRA, conveyance to calculate PF, says HC


Indian Express


The Employees’ Provident Fund Organisation has now forwarded the HC ruling

to all its regional offices and directed them to ensure it is followed.

“We will monitor PF deductions and ensure that conveyance and special

allowances are included with basic …





22 yrs’ separation not enough for divorce: HC


Indian Express


The Delhi High Court has said that it is the ‘solemn duty’ of the husband

and the in-laws to give wives a friendly and affable environment, instead

of treating her like an outsider — forcing her to break away from the

marriage. …




HC seeks details on Nayagaon power supply


Indian Express


ThePunjaband Haryana High Court has directed Punjab State Electricity

Board to furnish details of electricity connections by the department to

unauthorised and illegal buildings in Nayagaon. The high court has directed

the PSEB to submit as to how …







It”s all about pigeons: HC upholds life sentence


PTI | 09:07 PM,Jul 18,2011New Delhi, Jul 18 (PTI) TheDelhiHigh Court

today upheld the life sentence of a man for killing his neighbour who had

restrained him from catching and clipping the wings of pigeons belonged to

him (deceased) two decades ago. …






Sons neglected elderly couple, should pay maintenance: HC




TheBombayhigh court last week upheld the orders of lower courts, awarding

maintenance to an elderly couple, from Umbare, Ahmednagar, who contended

that their sons neglected them. Justice Shrihari Davare refused to

interfere with the orders of the …





Decide on HIV positive convict’s plea: HC to state




“Are you going to use your discretionary powers to consider pleas for the

premature release submitted by terminally ill convicts serving their prison

terms,” theBombayhigh court asked the state government on Monday. Under

section 432 of the Criminal …






HC to hear Sone water PIL on Sept 19


Times ofIndia


PATNA: ThePatnahigh court will hear the public interest litigation

alleging diversion ofBihar’s share of Sone water from the Rihand dam in

Uttar Pradesh on September 19. A division bench comprisingJusticeSK

Katriar and Justice Vikas Singh on …






Regulate number school kids on rickshaws: HC




The Punjab and Haryana high court has directed the governments ofPunjab

and Haryana, and union Territories administration to issue directions for

laying down rules regulating the number of school children that may be

allowed to be transported in a …





HC for govt taking over army college


Times ofIndia


A division bench of Chief Justice Dipak Misra and Justice Manmohan Singh

made the observation on Monday while hearing a batch of applicants who had

come to HC accusing the college of flouting a Supreme Court order to cap

reservation for children of …




Gujarat HC to the rescue of retired woman IAS officer


Khaleej Times


AHMEDABAD – The Gujarat High Court has brought smiles, though temporarily,

on the face of a retired woman IAS officer who claims that the state

government had deprived her of a plot of land offered to bureaucrats,

legislators, parliamentarians and …





HC directive to Tiruchi RPO on plea by travel agents


PTI | 11:07 PM,Jul 18,2011Madurai, Jul 18 (PTI)MaduraiBench ofMadras

High Court has directed the Regional Passport Officer (RPO) in

Tiruchirappalli not to interfere with the legitimate business of licensed

travel agents in providing passport …





Bombay HC seeks Centre’s stand on whether President comes under RTI


Times ofIndia


PTI | Jul 18, 2011, 06.11pm IST PANAJI:Bombayhigh court on Monday asked

the Centre to file an affidavit as to whether top constitutional offices

such as the President, chief justices and governors fall within the ambit

of Right to Information Act. …





SC dismisses petition challenging Andhra Pradesh HC judges appointment


18.7.2011 (UNI) The Supreme Court today dismissed a petition challenging

the recommendations of Andhra Pradesh High Court collegium proposing 13

names for appointment as High Court judges. The High Court collegium,

headed by AP High Court Chief Justice …





ASG Mr Vivek Tankha to appear in HC in case against Essar Steel




PTI reported that the Indian law ministry has asked Additional Solicitor

General Mr Vivek Tankha to appear on behalf of the government in an ongoing

case against Essar Steel in the Delhi High Court after the Petroleum

Ministry charged another senior …




IAS officer wins VRS battle against state govt in CAT


Times ofIndia


GANDHINAGAR: The Central Administrative Tribunal (CAT) has ruled against

the state government’s refusal to give voluntary retirement scheme (VRS)

benefits to Jaswinder Singh Rana starting with 2008, when he had put in

papers as an IAS officer. …





Constitutional violation?: Civilian convicts challenge military laws in apex court


The Express Tribune


He stated that the armed forces tribunal did not have the jurisdiction to

try civilians. He prayed that their cases may be re-examined on the basis

of constitutional rights available to the public and on the grounds and

question of law raised in the …





SC moved for amendment in military laws


The News International


The petitioners, along with some military personnel, were tried by the

Field Court Marshal General under military laws and awarded sentences. The

petitioners stated that the Armed Forces tribunals had exercised the

jurisdiction of other courts of law …

















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