Legal Updates: October 2016 : #CLAT #LAW Entrance Exams
#Apex court reserves order on the bail granted to Bihar MLA
The apex court on November 23 reserved its order on the plea of the Bihar government challenging the bail granted to RJD MLA Raj Ballabh Yadav. The counsel for respondent submitted various arguments questioning the prosecution for fudging the facts. The petitioner’s counsel submitted that accused is the sitting member of state legislature and can influence the trial because he has many influential contacts.
#Apex court issues notice on various pleas on demonetization
The apex court while hearing a petition urging that PILs filed in various high courts on demonetization should be transferred to one court was informed by the Attorney General (AG) of India that more than six lakh crore rupees have been collected after demonetization move. AG said that lending rates will come down as a result of the move. AG further informed the court that the government has allowed farmers to use the old currency to buy seeds.
The court issued notice in transfer petition. But refused to grant stay on the petitions. While refusing to grant stay, the court said that there are all sorts of petitions which different prayers and courts also have given different orders so it cannot stay it. The court listed the main matter for hearing on November 25 and scheduled transfer petitions to December 2.
#Supreme Court slams Centre for not enforcing Lokpal
Petitioner’s counsel on November 23 informed the apex court that there should be an independent investigating agency to investigate the political corruptions in the country. And leader of the opposition should be part of the selection committee. Attorney General (AG) representing respondents submitted that opposition party leader can be considered only when the largest opposition should have 1/10th of the strength. To which the court replied, that there are certain positions which cannot be left vacant just like the position of Chief Justice of India and the same applies to opposition leader also. The court was hearing a plea questioning the provisions used for the appointment of Chairperson and Members of Lokpal under the Lokpal and Lokayuktas Act, 2014.
It will lack confidence if the selection is made without opposition. AG submitted that they are making amendment to rectify this 1/10th strength. Petitioner’s counsel said that the government is deliberately dilly-dallying the matter. The Court slammed the AG and said, “If you can amend other enactments through ordinance why is that not possible in this case. Instead of inciting criticism you should take steps. This is to clean out the society of corruption.” And adjourned the matter to December 7 for Centre to take instructions.
#Apex court proposes inquiry committee for a sexual assault case
The apex court on November 22 while adjudicating an intervening petition on sexual assault by an animal rights activist transferred it to another bench. The court noted that sexual assault is not only for women but men can also complaint about that. The court also suggested that an inquiry committee for inquiring the matter can also be formed and listed the matter for next hearing on January 17.
#NGT again defers hearing pertaining to pollution of Ganga
The National Green Tribunal on November 22 while continuing the matter pertaining to the Ganga action plan was informed that ministry and various departments along with the industry representatives were holding a meeting regarding the issue. But Tribunal again revisited the question of whether the industries’ owners have any problem of shifting the industries. To which the counsel representing the industries’ owners replied that they are coming up with various proposed plans through which they could curb the industrial discharges at the river Ganga. Hearing that, the Tribunal asked the counsel that if it orders them to shift the industry they may come up with their wishes regarding where they want to shift and gave the deadline of November 23 to respond. The Tribunal adjourned the matter to December 1 entailing continues hearing day by day till December 9.
#Delhi HC hears plea against demonetization; adjourns it for Dec 8
The Delhi High Court on November 22 was informed by the petitioner’s counsel that banks’ ATMs were not working and there was no money in them in respect of the demonetization move by the Modi government. Furthering his arguments, the petitioner added that the notification issued by the Modi government aftermath demonetization says that banks should dispense money and ATMs should be reviewed whether they are working or not. He also submitted that RBI should file an affidavit stating as how many ATMs are working and how many are not. The Court deferred the matter for December 8 thereby granting liberty to petitioner to mention the case for early hearing.
#Apex court adjourns matter on political-bureaucratic-corporate nexus
The apex court on November 22 adjourned the matter seeking issuance of writ of mandamus directing a thorough court-monitored investigation by an SIT or by the CBI into the cases exposing political-bureaucratic-corporate nexus. The petitioner sought time to take instructions.
#Apex court submits plea alleging top companies’ role in coal scam
The apex court on November 22 has decided to take up a case for hearing which sought direction to investigate Sahara Group and Aditya Birla Group’s role in the coal scam. The petition alleges that both companies bribed politicians in the coal scam probe. The court fixed November 25 as the date for hearing. The petition says that Sahara Group and an Aditya Birla Group companies allegedly made massive payments to prominent Bharatiya Janata Party and Congress politicians in 2013-14 and 2012 respectively. The petitioner had also given his complaint to all investigating agencies and the two retired judges heading the Special Investigating Team on black money.
#Supreme Court dismisses Delhi CM’s plea
The Supreme Court on November 22 refused to intervene and dismissed the plea of Delhi CM Arvind Kejriwal seeking a stay on the trial court proceedings in a criminal defamation suit filed against him by Finance Minister Arun Jaitley. During the proceedings, Kejriwal’s counsel argued why it was wrong to comment on wrongdoing of a public figure. And said that different orders by different courts in the matter were an embarrassment. On October 19, this same plea had been rejected by the Delhi High Court after which Kejriwal had approached the apex court.
#Top court slams Centre for not enforcing building code
The Supreme Court on November 22 slammed the Centre for not enforcing the National Building Code as well as the guidelines issued by the central works department on the same issue. The respondent’s counsel submitted to the court that the Centre was going to repeal the act concerning the issue and going to come up with new act which has been passed by Rajya Sabha. To which the Court said, that Central coordination committee under the act had to meet at least once in four months but they have not met a single time in last six years and ordered Secretary to present himself on November 23 with all the records and answers to questions which has been raised by the Court.
#NGT raps industry bodies of UP for not containing pollution
The National Green Tribunal on November 21 continuing its hearing on cleaning of Ganga took stock of the report submitted by UP Jal Board. The Tribunal after examining the report found that it did not contain the findings of the IIT study which were instructed to include by the Tribunal earlier. The counsel for the various industries in UP came up with the figure regarding industries at Jajmau, Kanpur and said that there were around 400 industries and level of chromium in water was at 140 Mg. To which the Tribunal asked, what measures have been taken. They said they will come up with an upgraded plan. The Tribunal asked them, is there any problem if they shift their industries somewhere else. To which the counsel could not be able to give satisfactory answer. The Tribunal told them to come up with one good reason as why they don’t want industries to be shifted and listed the matter to November 22.
#Supreme Court defers hearing on cyber crimes against women and children
The apex court on November 21 deferred the hearing of a PIL pertaining to cyber crimes against women and children to November 28. The Central Bureau of Investigation suggested special cyber cells and criminal network tracking system for cases of cyber crimes against women and children. The Centre sought some time to respond to the suggestions.
#Apex court denies bail to Asaram Bapu
The apex court on November 21 refused to grant bail to self-styled godman Asaram Bapu as the respondent’s counsel was unable to file a reply on the interim application for transfer of Bapu from AIIMS Jodhpur to other hospital. The counsel asked for the grant of further two days to file the reply. The court adjourned the matter to November 28.
#Supreme Court orders Taj Mansingh Hotel to continue as usual
The Supreme Court on November 21 said that Taj Mansingh Hotel in New Delhi will continue its business as usual until the next order. The counsel for the petitioner submitted that two agreements were signed by the petitioner and respondent regarding the ownership of the Hotel. The first was the joint venture agreement and the second was the license deed agreement between the two and had an expiry of 33 years. The counsel for the petitioner submitted that this is the only hotel in Delhi which is paying tax regularly without any failure. To which the counsel for respondent submitted that the Hotel has already done bookings till March 31 and an order should be passed by this court that no further bookings should be made. The Court denied for the same and said this is an ongoing business and such order may hamper the hotel’s business and passed an order that respondent can’t initiate public proceedings and the petitioner will be running the hotel until further orders.
#Apex court defers hearing involving Delhi CM
The apex court on November 21 adjourned the plea by Delhi CM Arvind Kejriwal seeking quashing of criminal defamation suit filed by union minister Arun Jaitley to Nov 22. The court deferred the hearing as one of the counsels could not attend the court.
#Supreme Court asks Bihar govt to file transfer petition
The apex court on November 21 dismissed the petition of Bihar government challenging the Patna High Court order quashing the government notification banning the consumption, storage and sale of all types of liquor in Bihar. The court ordered to file appropriate petition i.e. a transfer petition rather than interlocutory application. The Bihar government had filed an interlocutory application to transfer the matter pending in Patna High Court.
#Allahabad HC refuses to take up PIL on demonetization
The Allahabad High Court on November 21 refused to take up a PIL against demonetization of Rs 500 and Rs 1000 currencies. The Court directed the petitioner to approach the Supreme Court as various cases pertaining to demonetization were already pending in the apex court. The PIL had sought a direction legalizing acceptance of old currencies of Rs 500 and Rs 1000 in nursing homes, pathology labs, ultra sound centers and blood banks.
#SC asks committee to find solutions for NPAs
The Supreme Court on Nov 18 took up the PIL raising objections to “bad loans” given by HUDCO and other banks to selected companies. The petitioner reiterated that besides HUDCO other banks too have given out huge loans to undeserving persons. It pleaded that the names of defaulters must be known to all.
The Court directed the committee studying the issue to find solutions for reducing non-performing assets. It asked the concerned ministry to file a separate report on the steps taken by the government to recover bad loans. The Court said it will take a call on the suggestions made by the committee, which will not be tampered with. The matter was listed for December 12.
#NGT makes strong observations on Ganga cleaning
NGT carried on its day-to-day hearing on cleaning of Ganga on Nov 18. The issues taken up were related to polluting industries in western UP, chromium dumping sites in Kanpur city, among others.
The NGT bench raised certain questions on the number of industries; the nature of affluents, especially from Kanpur to Jajmau; the status of power plants; and regulations needed to curb release of pollutants into the river.
It was also not happy about the absence of member-secretary of UP and noted that it showed the lackadaisical attitude of the respondents on the issue.
The bench was very particular about the status of industries in Jajmau, a suburb of Kanpur, and did not approve UP Pollution Control Board’s submission that monthly inspection by Nagar Nigam could help regulate release of affluents into the river. It sought an alternative solution and noted that the onus lay on SPCB and UP government to regulate discharge of affluents in drains that flow into Ganga.
About chromium dumping sites in Kanpur, UP Pollution Control Board submitted that steps were being taken to control them. It wanted to know from the board whether there was a plan to shift the sites. It raised concern that houses located near the dumping sites had become chromium-polluted. It also came to know from the UP Pollution Control Board that CTPs of Unnao and Banthur were violating rules and asked their senior officials to appear in court on Nov 21.
#Guides of Fatehpur Sikri must clear ASI exam: SC
The Supreme Court reiterated on Nov 18 that all guides assisting tourists in ASI-protected monuments must follow the guidelines framed by the agency as per the top court’s orders issued in 2002. The order had asked ASI to issue licenses to guides at Fatehpur Sikri, UP, only after assessing them through a special exam.
The court was hearing a petition that contended that ASI’s policy was debarring people to become guides from other places in Fatehpur Sikri. ASI had stopped entry of all regional and state-level guides to the tourist site. It had even reiterated the need for an exam in its new guidelines issued in September 2016 following the orders of the apex court.
#Allahabad HC orders probe into barbaric practices
Taking cognizance of barbarism unleashed in the name of exorcism at the Hazrat Munawar Ali Shah dargah, the Allahabad High Court asked DM Allahabad to submit a report after a thorough probe. It also ordered that the chairman of the dargah must appear in court and asked SSP Allahabad to ensure his presence. The next hearing is on Nov 24.
#SC not satisfied by govt’s moves to ease currency flow
Arguments and counter-arguments flew thick and fast while the Supreme Court was hearing the demonetisation case on Nov 18. The centre had appealed that all petitions submitted against demonetisation in different courts be transferred to the Supreme Court.
During the arguments, Attorney General Mukul Rohatgi while defending the centre’s decision on demonetization, claimed that the money flow had been eased for weddings and farmers, and it could even be availed at petrol pumps besides banks and ATMs. It blamed those opposing demonetisation of politicising the issue.
Senior advocate and Congress leader Kapil Sibal hit out at the central government by claiming that there was an acute currency crunch and it lacked the wherewithal to print adequate and legal currency notes. He said that the govt needed to print currency worth Rs 23 lakh crore. He cited the problems faced by the common man and mentioned that 47 people had lost their lives.
The Court asked Sibal to produce all official data. On Rohatgi’s plea that all petitions be transferred to SC, the Court noted that a deluge of pleas in various courts indicated that the problem was indeed severe and it was not possible to shut people from moving courts. It reminded Rohatgi about its observation in the last hearing that demonetisation could not be stayed but steps must be taken to ensure that public does not suffer in getting cash.
The matter will again be taken up on Nov 25.
#SC’s to deliver consumer forums’ verdict on Nov 21
The Supreme Court on Nov 18 reserved its verdict till Monday (Nov 21) on a PIL that had sought adequate infrastructure and other requirements in the National Consumer Disputes Redressal Commission as well as state commissions and district forums in the field. A committee set up by the apex court was asked to submit its report as soon as possible. The Committee had already placed two interim reports.
#SC orders petitioner’s presence in med colleges’ case
The Supreme Court took up the PIL related to the Establishment of Medical College Regulations, 1999 on Nov 18. It directed the petitioner’s mother to make the petitioner appear in court as he was a major. The petitioner pleaded through an application that the concerned college be asked to allot him another subject other than Pathology. However, it was dismissed by the Court on the ground that the petitioner did not take admission despite the time extended by the court.
#NGT proposes competent authority to take decision on air pollution
The National Green Tribunal on November 17 while hearing an air pollution case directed that a competent authority may take independent decision and pass appropriate orders in regard to matter relating to air pollution in Delhi. Moreover, all the corporations will have to comply with the directions contained in the order, the Tribunal ordered.
#Azam Khan to apologise unconditionally in Bulandshahr gangrape case
SP leader Azam Khan before the apex court on November 17 put forward an unconditional apology to the Bulandshahr gangrape victims for saying it was a political conspiracy. The apex court also directed that one of the victim who is a minor should be admitted to the school near to her house and expenses should be borne by the state of UP. The court listed the matter for next hearing on December 7.
#NCRDC orders to pay the compensation by cheque
The counsel appearing for the respondent Parsvnath Developers on November 17 stated to the National Consumer Disputes Redressal Commission (NCRDC) that Supreme Court is hearing the matter next week so let the order of apex court come. But NCRDC was not convinced and directed the respondent to at least pay the principal amount to complainant. The NCRDC was hearing a petition on the delay of compensation to the complainant owing to not handing over a flat in a given time.
Respondent’s counsel submitted that banks are not working properly due to demonetization so he won’t be able to pay the amount. NCRDC directed to pay it by cheque. It gave two weeks time to the respondent and ordered to give an undertaking that within two weeks the respondent will deliver the principal amount to complainant by cheque. The Commission adjourned the matter for next hearing to December 2.
#Apex court transfers case to Delhi HC on Kejriwal
The Supreme Court on November 17 transferred a special leave petition filed against an order of the Delhi High Court which had refused to quash defamation proceedings against AAP leaders and others. The Court reverted the case to the adjudication of Delhi High Court. Lawyer Amit Sibal had filed this case against Kejriwal for his allegedly defamatory accusations against him.
#Supreme Court forms committee on the culling of dogs
The apex court on November 17 said an impression should not be created that life of a human is more precious than a dog. Both of them are created by divine but only difference is that dogs don’t have intellect as humans have. However, the culling of dogs should be done only in accordance with the Animal Birth Control Rules, the court ordered. The court noted that people have started a crusade to kill stray dogs and children are being trained to kill stray dogs. Hence, the court formed a committee headed by Justice Siri Jagan to look into the matter and file a report so that court can pass an appropriate order. Meanwhile, the state can act and go for culling according to concerned act, the court said. The court listed the matter for next hearing in the first week of March 2017.
#NGT reserves order on the matter concerning pollution of Ganga
The National Green Tribunal on November 17 asked counsels, “Are there any thermal power plants or industries which need a lot of water? It further asked that whether there were industries who can use re-treated water. It sought the answers by November 18. The Tribunal also asked the counsel representing tanneries, “Are you prepared to accept the recycled water?” The Tribunal was hearing a petition regarding the Ganga Action Plan.
The Tribunal also asked the counsel including the counsel of UP state, “What are your views on shifting.” The Tribunal gave the time till November 17 to submit the replies.
#Delhi High Court defers matter on the eviction of hawkers
The Delhi High Court on November 16 while hearing a petition challenging eviction of street vendors from market by Delhi Police and municipal authorities fixed the date said that the petition will be heard by special bench on December 9, 2016 along with other matters as proposed. The Court on the previous hearing had said all the matter related or arising out of the street vending and the implementation of the provisions of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 should be heard by a special bench.
#Apex court reserves order on disabilities act
A petitioner on November 16 submitted to the apex court that many states have not yet filed any affidavit till date with regard to steps taken to implement the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The petitioner contented that states such as Arunachal Pradesh, Sikkim, MP, Goa, Haryana, Dadar and Nagar Haveli, Telangana, Manipur, Maharashtra and many more have not filed the affidavit.
The court granted two weeks time to the states to file their detailed affidavit including a chart showing the steps taken by them on the implementation of the Act. And warned that if they fail then the concerned secretary of concerned department will have to appear in the court. To which, states Goa and Sikkim stated that they will file the affidavit within three weeks. The court listed the next date of hearing to December 1, 2016.
#SC: Appoint nodal agency to regulate adverts on sex determination
The Supreme Court on November 16 directed Centre to appoint a nodal agency and as soon as that agency will receive about any such search it will be notified to Google, Microsoft and Yahoo in addition to its earlier order of auto block search on Pre-natal sex determination by search engines. The apex court was hearing a plea regarding adverts posted on various websites in violation of the legal provisions contained in the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.
The Court further directed the nodal agency to broadcast it on radio and visual media that by virtue of SC judgment, such searches are prohibited and will be penalized. The nodal agency shall put all details of such violations on their website, the Court said. The Court posted the matter for final disposal on February 17.