Page 3 - Courts

Will lay down law on HCs revoking orders dictated in open courts: SC

The Supreme Court on Friday said it will lay down the law on the issue of high courts revoking orders dictated in open courts after the top court came across a case in which the Madras HC quashed a money laundering case against a former IPS officer and later modified its direction and reheard the matter. A bench of Justices Abhay S Oka and Augustine George Masih stayed the proceedings in a money laundering case against former IPS officer M S Jaffer Sait registered in connection with an alleged illegal allotment of a Tamil Nadu Housing Board plot. The top court posted the matter for hearing on November 22. The apex court was hearing a plea filed by Sait, who contended that his case was reheard within days after allowing his plea for quashing of the proceedings in the matter. The SC bench had earlier sought report from from the Madras High Court's Registrar General on the issue. On September 30, after inspecting the report from the HC, the top court had called the decision of the h

CM Atishi moves sessions court against summoning order in defamation case

Delhi Chief Minister Atishi on Monday moved a sessions court against an order summoning her in a defamation case filed by a BJP leader over her claim that several AAP MLAs were approached by the saffron party with offers of cash to bring down the AAP government. The chief minister moved an application before Additional Sessions Judge Vishal Gogne, who issued notice to BJP leader Praveen Shankar Kapoor on her plea. Atishi approached the sessions court through her lawyer against an order passed by a magisterial court on May 28 summoning her in the criminal case filed by Kapoor, a BJP spokesperson, accusing her and former Delhi CM Arvind Kejriwal of defaming him. The sessions court directed Kapoor to file his response to Atishi's application by October 7, when the court will hear the arguments in the matter. The magisterial court had on May 28 refused to summon Kejriwal as an accused in the case. It had later on July 23 granted bail to Atishi after she appeared before the court in ..

Slow state response forces govt to reduce fast-track sex crime court goals

The initial plan projected the creation of 2,600 Fast Track Special Courts by 2026 but due to insufficient interest from states and a shortage of judges, the target has been reduced to 790

I-T dept hikes threshold for filing appeals in courts, tribunal by officers

The income tax department has hiked the minimum threshold for filing appeals by the department in tribunal, high courts and the Supreme Court. As per a circular by the CBDT, tax authorities can file appeals before the ITAT, high courts and Supreme Court, if the disputed tax demand exceeds Rs 60 lakh, Rs 2 crore and Rs 5 crore, respectively. In 2019, the government had set the threshold for filing appeals at Income Tax Appellate Tribunal (ITAT) at Rs 50 crore, high courts (Rs 1 crore) and Supreme Court (Rs 2 crore). The Central Board of Direct Taxes (CBDT) also said that monetary limit with regard to filing appeals/SLP (Special Leave Petition) shall be applicable to all cases including those relating to TDS/TCS. It further said that SLPs/appeals pending before Supreme Court, high courts, and tribunals that are below the prescribed threshold should be withdrawn. "As a step towards management of litigation, it has been decided by the Board to revise the monetary limits for filing of

1984 anti-Sikh riots case: Court orders framing of charges against Tytler

A Delhi court Friday ordered framing of charges for murder and other offences against Congress leader Jagdish Tytler in a case related to alleged murder of three people in the north Delhi's Pul Bangash area during the 1984 anti-Sikh riots. Special CBI judge Rakesh Siyal said there was sufficient evidence against him to put him on trial. "Sufficient ground is there to proceed against the accused person," the judge said. A witness had earlier submitted in the charge sheet that Tytler came out of a white Ambassador car in front of the Gurdwara Pul Bangash on November 1, 1984 and instigated a mob by saying "Kill the Sikhs, they have killed our mother," following which three people were killed. The court ordered framing of charges for several offences, including unlawful assembly, rioting, promoting enmity between different groups, house trespass and theft. The court has listed the matter for September 13 for formally framing the charges.

Obtained sanction to prosecute Kejriwal in excise scam case: CBI to court

The Central Bureau of Investigation (CBI) on Friday informed a Delhi court it has obtained sanction to prosecute Chief Minister Arvind Kejriwal and AAP MLA Durgesh Pathak in a corruption case related to the alleged excise scam. The submission was made before Special Judge Kaveri Baweja, who posted the matter for hearing on August 27. Kejriwal's judicial custody in the case is scheduled to end on August 27. The court had on August 12 granted 15 days to the CBI to get the requisite sanctions to prosecute Kejriwal and Pathak in the case. The CBI had earlier got the sanctions to investigate them in the case.

Court to decide on August 28 if Rau's IAS Study Circle can access premises

A Delhi court will decide next week whether to allow Rau's IAS Study Circle to access the premises of its Old Rajender Nagar building, where three UPSC aspirants died in July after rainwater flooded its basement. Chief Judicial Magistrate Nishant Garg on Wednesday posted the matter for August 28 after hearing the arguments of the advocates appearing in the case. In an application, Rau's IAS Study Circle CEO Abhishek Gupta sought the relief, claiming that it was required to ensure the smooth running of classes. "Arguments on the application have been heard including arguments on behalf of Ld. counsel for the victim. Put up on August 28, 2024 for orders," the judge said. During the arguments, senior advocate Rebecca John, appearing for Gupta, submitted that access to the building was required so that the students could continue their studies. She claimed that the Central Bureau of Investigation (CBI) cannot prohibit access to the building. "They (CBI) can prosecute me (Gupta), but

Delhi coaching centre deaths: Court reserves order on accused's bail pleas

A Delhi court is likely to pronounce on August 23 its order on the bail applications of four jailed co-owners of a coaching centre basement where three civil service aspirants drowned last month. Principal District and Sessions Judge Anju Bajaj Chandna on Saturday reserved the order after hearing arguments from the CBI as well as the accused -? Parvinder Singh, Tajinder Singh, Harvinder Singh and Sarbjit Singh. During the arguments, the accused told the court that the incident was an "act of god" which could have been avoided had the civic agencies performed their duties. "It was an act of god which happened and it could have been avoided had the civic agencies performed their onerous duties which they have miserably failed to do," the advocate for the accused had told the judge. The counsel submitted that the basement was not a library but a waiting area for the students before their classes commenced. He claimed that a fire department inspection was done at the premises a few da

Bina Modi to recommend Samir's appointment to Godfrey Phillips Board: Court

Company's nomination and remuneration committee will decide on his appointment

Over 50 mn cases pending in courts; max 11.8 mn in UP's lower courts

More than five crore cases are pending in various courts across India, with a maximum of over 1.18 core in the subordinate courts of Uttar Pradesh, according to the government's written reply in the Lok Sabha. Law Minister Arjun Ram Meghwal said while 84,045 cases are pending in the Supreme Court, 60,11,678 were pending in the various high courts. District and subordinate courts are the biggest contributors, with 4,53,51,913 cases pending with them, according to the minister. Meghwal said several reasons lead to the pendency of cases, including the availability of physical infrastructure and supporting court staff, the complexity of facts involved, the nature of evidence, and the cooperation of stakeholders, including the bar, investigation agencies, witnesses and litigants. Proper application of rules and procedures also plays a key role, he said. Other factors that lead to delays in the disposal of cases include lack of prescribed time frame by courts for disposal of various kin

SC refuses to bring tribunals in e-courts project to upgrade digital infra

The Supreme Court on Wednesday refused to entertain a plea seeking to include tribunals in the e-courts project aimed at upgrading the digital infrastructure of courts across the country. The public interest litigation said quasi-judicial panels like the Armed Forces Tribunal and the National Green Tribunal should be made part of the National Judicial Data Grid (NJDG). The NJDG falls under the e-courts project that pertains to the formulation of a national policy on the computerisation of the country's judiciary. It is monitored and funded by the Department of Justice of the Law Ministry. The NJDG portal is a national repository of data relating to cases instituted, pending, and disposed of by the courts across the country. "You may approach the Department of Justice regarding this. The NJDG is part of the e-courts project. It looks at district courts, the high courts and the Supreme Court and this does not look at tribunals at all, the CJI said. The bench made clear that it canno

Excise case: Court extends Manish Sisodia's judicial custody till July 26

A Delhi court on Monday extended till July 26 the judicial custody of AAP leader Manish Sisodia in a corruption case related to the alleged excise scam. Special Judge Kaveri Baweja passed the order after Sisodia was produced before the court on expiry of his judicial custody granted earlier. The court had on April 30 dismissed the bail pleas of Sisodia in the corruption and related money laundering cases, lodged by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED), respectively, in the alleged scam.

NEET 2024 'paper leak': Court sends key accused to 14-day CBI custody

A special court in Patna on Wednesday sent the key accused in the NEET-UG paper-leak case, who allegedly stole the exam paper from a trunk of the National Testing Agency (NTA) in Jharkhand's Hazaribagh, to the CBI's custody for 14 days, officials said. During its custody of accused Pankaj Kumar alias Aditya till July 30, the Central Bureau of Investigation (CBI) is likely to question him on his alleged role, his linkages with other gang members, the payments received and his local contacts who were involved in the entire theft process, the officials added. Kumar's alleged accomplice, Raju Singh, was sent to the federal agency's custody for 10 days (till July 25) on Tuesday. The CBI has arrested Kumar, a 2017-batch civil engineer from the National Institute of Technology in Jamshedpur, for allegedly stealing the NEET-UG paper from the NTA's trunk in Hazaribagh, the officials said. Kumar, a resident of Bokaro, was arrested from Patna, they said. The agency also arrested Singh from .

Must protect women's financial, residential security: Justice Nagarathna

Financial security as well as security of residence of Indian women need to be protected and enhanced for their true empowerment, Justice Nagarathna observed on Monday. She made the observation while delivering a separate but concurring verdict of a bench, also comprising Justice Augustine George Masih, which held that a Muslim woman can seek maintenance from her husband under Section 125 of the CrPC and said the "religion neutral" provision is applicable to all married women irrespective of their religion. "Both 'financial security' as well as 'security of residence' of Indian women have to be protected and enhanced. That would truly empower such Indian women who are referred to as 'homemakers' and who are the strength and backbone of an Indian family which is the fundamental unit of the Indian society which has to be maintained and strengthened," Justice Nagarathna said in her 45-page verdict. She said it goes without saying that a stable family, which is emotionally connected and

Court extends judicial custody of BRS leader K Kavitha till July 18

A court here on Friday extended till July 18 the judicial custody of BRS leader K Kavitha in a corruption case linked to the alleged Delhi excise policy scam. Special Judge Kaveri Baweja passed the order. The CBI had arrested Kavitha, the daughter of former Telangana chief minister K Chandrashekar Rao, in April from the Tihar Jail, where she was lodged after her arrest by the Enforcement Directorate (ED). The ED had arrested the 46-year-old from her Banjara Hills residence in Hyderabad on March 15, and she was in judicial custody in the case.

Court premises made of hope, to realise virtues of justice: CJI Chandrachud

Chief Justice of India DY Chandrachud said that court premises like all buildings are not just made of bricks and concrete but are made up of hope and to realise the virtues of justice and the rule of law.Chief Justice of India Chandrachud's remark came while addressing a gathering on the Foundation Stone Laying Ceremony for construction of court buildings -- Karkardooma, Shastri Park & Rohini Sector-26."Court premises like all buildings are not just made of bricks and concrete. They are made up of hope. Courts are made to realise the virtues of justice and the rule of law. Every case that is being filed before us, is with that hope for justice. When we invest in the safety, accessibility and comfort of our judges, lawyers and litigants, we build more than just an efficient system - we make a just and inclusive system," CJI said.He also said that these GRIHA-rated buildings would be lush with greenery and have shaded facades, diffusion of natural sunlight inside the buildings, ..

Court summons IO who 'assaulted' Godfrey Philips director Samir Modi

A court here has directed the personal appearance of a Delhi Police investigating officer on the issue of preservation of CCTV footage linked to the alleged assault on Samir Modi, an executive director of cigarette maker Godfrey Philips India (GPI), during a board meeting on May 30. Metropolitan Magistrate Aridamam Singh Cheema was hearing the plea for a court-monitored probe in the FIR registered by Samir Modi at the Sarita Vihar police station. The plea had sought several directions to the police including the preservation of the CCTV footage of the alleged assault by a personal security officer (PSO) of Samir's mother Bina Modi during the company's board meeting at its Jasola head office here, contending that it was needed "in the interest of fair and proper investigation". "As the incident pertains to the date May 30, 2024, there may be circumstances that the life of CCTV may expire if the same are not preserved now. In the interest of justice, the CCTV footage of the entrance o

Court extends former minister Senthil Balaji's custody till June 19

A sessions court on Monday extended till June 19 the remand of former Tamil Nadu minister V Senthil Balaji, who was arrested by the Enforcement Directorate on June 14, 2023 in a money laundering case. Principal Sessions Judge (PSJ) S Alli, before whom Balaji was produced by the prosecution through video-conferencing from the Central Puzhal Prison here, extended his judicial custody till June 19. The judge said she would pass orders on June 19 on a petition filed by Balaji seeking to discharge him from the case. Meanwhile, the judge dismissed three other petitions filed by Balaji. In one petition, he sought to defer the proceedings in the case till City Union Bank produces the original counter foils/challans used for making deposits in his account and in the account of his wife. In another petition, he sought a direction to City Union Bank, Karur to furnish the list of bank employees, more specifically the clerk, cashier and manager employed at City Union Bank, Karur for the period

Trump in 1st post-trial rally demands courts reverse his felony conviction

Donald Trump returned to the campaign trail Thursday with a trip to Arizona, his first appearance in a battleground state since he was convicted in a hush money scandal, repeating his critiques of the case against him as politically motivated and calling for his conviction to be overturned on appeal. Those appellate courts have to step up and straighten things out or we're not going to have a country anymore," Trump said at a Phoenix town hall organised by Turning Point, a conservative youth organisation that has seen its influence rise alongside Trump's takeover of the GOP. Trump is expected to appeal last month's conviction on all 34 charges in his New York hush money trial, in which he became the first former American president to be convicted of felony crimes. He responded defiantly to the verdict against him a day after a New York jury found him guilty last week of a scheme to illegally influence the 2016 election through a hush money payment to a porn actor but had not spoken .

US court jury directs J&J to pay $260 million to baby powder user

J&J now faces more than 61,000 suits blaming talc for different types of cancers. Many of the cases have been consolidated before a federal judge in New Jersey