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Shiv Sena force feeders not PIL material: A Delhi high court bench of chief justice G Rohini and Justice Jayant Nath have declined to hear public interest litigation (PIL) to disqualify 11 Shiv Sena MPs who allegedly force-fed a Muslim member of canteen staff over Ramadan as a way of protesting about the bad quality of food. The bench said that the petitioner had not provided enough evidence to show it was a PIL. [PTI]
NaMo lotus symbol selfie did not violate election code: Narendra Modi did not violate election rules when he tweeted a selfie on 30 April with the BJP’s election symbol near an election booth, decided a metropolitan magistrate, since the lotus symbol was part of his attire and the interaction with the press was not pre-planned [PTI]
The Supreme Court told the government that it should explain within four weeks how the “leader of opposition” post should be interpreted under the Lokpal Act, since the Congress party lost to the BJP so badly that it can’t muster enough members in the Lok Sabha to count as an opposition. 55 MPs was stipulated by speaker Sumitra Mahajan as a minimum required to be allowed to choose a leader of the opposition in the house. NDTV.
India Today reported that the Supreme Court “made it clear that if the government fails to resolve LoP issue, the court may give a larger interpretation to the term LoP so that it may include leader of the largest party or leader of the larger group”, as attorney general Mukul Rohatgi said the government would review and seek to amend certain provisions of the Lokpal Act.
Furthermore, the apex court questioned why none of the nine members of the Lokpal have been appointed to date.
The criminal trial against actor Salman Khan, who allegedly killed a pavement dweller when driving while drunk more than a decade ago, has hit a new roadblock with the police telling the court that its case diaries have disappeared. In addition, only seven out of 63 original witness statements were traceable, though true copies still existed. The documents were lost, according to the police, after the case was moved out of the magistrate’s court to the sessions court, after the magistrate decided that the higher court would have to examine a culpable homicide not amounting to murder charge.
Khan’s defence lawyer srikant Shivade argued that only original witness statements could be used in court; the prosecution claimed that true copies would suffice, reported the PTI.
Senior counsel Fali Nariman has added another to the four public interest litigations (PILs) against the National Judicial Appointments Commission (NJAC), which will be heard on Monday.
Together with advocate Subhash Sharma, he claimed that the constitutional amendment “severely affects and damages the basic structure of the Constitution viz the independence of the judiciary” and gives “unbridled power” to parliament, reported the Indian Express.
Allowing for any two out of three non-judicial members of the NJAC to scuttle appointments would take away from primacy of the opinion of the three senior Supreme Court judges on the NJAC. The law was counter to the nine-judge constitution bench judgment in the so-called Second Judges case - one of three cases that was fundamental in the establishment of the collegium system.
Governor files petition against NaMo for pushing out governors: Uttarakhand Governor Aziz Qureshi has filed a writ under Articles 155 and 156(1) of the Constitution against Narendra Modi and his government for pushing him (and other governors) out of their constitutional positions. He will be arguing before a three-judge bench, headed by Chief Justice of India (CJI) RM Lodha, that he could only be sacked by the president and with valid cause because a governor is not an employee of the Union government. [Indian Express]
CBI court grants A Raja, business bigwigs bail in 2G-Kalaignar TV case: A special Central Bureau of Investigation (CBI) court has granted Rs 5 lakh bail to politicians A Raja, Kanimozhi, Swan Telecom promoters Shahid Balwa and Vinod Goenka, Kusegaon Fruits and Vegetables directors Asif Balwa and Rajiv Agarwal, Kalaignar TV MD Sharad Kumar, Bollywood producer Karim Morani and P Amirtham in a money laundering case related to the 2G scam. The case alleges that Rs 200 crore were paid to Kalaignar TV, owned by the DMK party, to grant telecom licences to companies of the DB Group [Indian Express]
Death of planning commission, long live NDRC? What would the new planning commission mooted by Narendra Modi look like, experts speculate in [Mint]
BCI chairman should sit on JAC, says Rajiv Khosla: Delhi High Court Bar Association’s (DHCBA) president Rajiv Kohosla has said he wants the Bar Council of India (BCI) chairman to have a seat on the National Judicial Appointments Commission (NJAC), several days after parliament passed the NJAC Act.
SC PIL looks into coaching centres: Centre tells Supreme Court that it can’t regulate private entrance coaching centres for engineering, medicine or other subjects, in a PIL filed by the CPI(M) party’s student wing [The Hindu]
Court orders police to free Manipur hunger striker again: Manipur East sessions court released the world’s longest hunger striker Irom Sharmila from jail for what her captors allege is an attempt to commit suicide by hunger strike. However, in the last 13 years and nine months, she had often been released by the courts and arrested again by the police for continuing with her hunger strike against the Armed Forces Special Powers Act, reported [Scroll]
SC sweeps aside SCBA petition vs new SC Rules: The Supreme Court has refused the Supreme Court Bar Association (SCBA) plea before it to amend the new Supreme Court Rules 2013 that were set to come into force on 19 August, which were allegedly introduced without consultation with the bar [The Hindu]
Bus accident victim gets Rs 12 lakh compensation in tribunal: The Motor Accident Claims Tribunal (MACT) in UP awarded the damages against the bus driver, DTC and the insurance company for causing 60 per cent disability in the plaintiff’s left leg [PTI]
Faizan Mustafa wins something: Nalsar Hyderabad vice chancellor wins South Asian Association for Regional Cooperation (SAARC) award for best law teacher that was decided by a “high-powered jury”, reported [The Hindu] and others. It will be conferred by the law minister in future.
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The Advocates’ Association of Western India (AAWI) has asked chief minister Prithviraj Chavan that an extension to the Bombay high court should be built in the Bandra Kurla Complex in the Mumbai suburbs, to allow for more courts, chambers and storage of documents DNA
Desai & Diwanji partner Siddharth Mody acted for Aster DM Healthcare, which invested Rs 41 crore ($6.8m) in Sri Sainatha MultiSpeciality Hospital, which owns and manages the Prime brand of hospitals in Hyderabad.
Chennai-based VNS Legal partner Shiva Shankar acted for Sri Sainath.
The Desai & Diwanji team also included senior associate Ashraf Lala, and associates Rumma Panchmatia and Ankesh Jain.
Sessions court judge MT Gaikwad has been suspended in South Mumbai after a preliminary inquiry about a complaint from a female member of the court staff complained of his “inappropriate behaviour” - in particular, by staring at her in an offensive manner, reported the PTI. The preliminary inquiry was conducted by special judge SD Tulankar, with Gaikwad now facing a departmental inquiry.
A petition in the Supreme Court pleaded for a constitutional amendment to make Hindi an official language to conduct high and apex court proceedings in.
A Supreme Court bench headed by Justice HL Dattu issued notice to the government about the petition that was filed by advocate Shiv Sagar Tiwari, who argued that English was a British colonial legacy and “Ghulami Bhasha” (a language of slavery), reported the PTI:
Time has now come that language of the Supreme Court should be ‘rashtra bhasha’ as defined under Article 343 of the Constitution and it has to be amended.
The former Gwalior district judge who alleged she was sexually harassed by a high court judge who transferred her, said she would not cooperate with the panel set up to investigate her complaint until the panel is reconstituted.
The panel set up by Chief Justice of India RM Lodha to probe the allegations could not do its job while the judge she accused continued in his role because witnesses would not be able to depose freely, and one of the judges on the panel had transferred her before and could be biased, she wrote in a letter NDTV.
Her original account included reference to an inappropriate request the Madhya Pradesh high court judge had allegedly sent her via a court official.
A Delhi high court bench of chief justice G Rohini and Justice Rajiv Sahai Endlaw rejected the Competition Commission of India’s (CCI) appeal against a stay order in the same court by Justice Manmohan Singh, reported Mint.
Justice Singh had stayed a CCI investigation into the Institute of Chartered Accountants of India (ICAI), which informant and chartered accountant (CA) Arun Anandagiri alleged had abused its dominant position by not permitting anyone else to conduct continuing professional education (CPE) programmes, which the ICAI, as the profession’s regulator, has made compulsory for CAs to attend.
In dismissing the appeal and telling the CCI to fight it out in front of the single-judge bench where the case is currently listed, the bench had complained that the informant had not appealed against the stay. The CCI’s counsel, additional solicitor general Sanjay Jain, argued that the CCI investigated matters independently.
Update: The petitioner, who is the founder of tax website Tax Sutra, wrote on Twitter that he'd already filed his counter before the single high court judge.
The Karnataka high court will introduce wireless internet in six to seven months, reported the Deccan Herald.
The advocates association had made the request for a court-based wireless internet network to the registrar general, who have now started the tendering process to find a provider of the internet service.
In March, the Bangalore Mirror had reported a tender to buy 40 iPhones for judges.
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