Page 8 - Courts

Himachal CM Sukhu introduces bill seeking to repeal 13 obsolete laws

Himachal Pradesh Chief Minister Sukhvinder Singh Sukhu on Wednesday introduced a bill seeking to repeal 13 laws that have outlived their utility. The enactments which have "lost their significance or have become obsolete and redundant" or whose retention as "separate, independent and distinct act" is unnecessary are proposed to be repealed, Sukhu said. The new legislation is called the Himachal Pradesh Repealing Bill-2023. The acts proposed to be repealed include the Presidency Small Cause Courts Act, 1882; Agriculturists Loans Act, 1884; Provincial Small Cause Courts Act, 1887; Mandi Minor Forest Produce Exploitation and Export Act, 1997 and 1941. The Chamba Minor Forest Produce Exploitation and Export Act, 2003 and Punjab Tobacco Vend Fees (Repealing) Act, 1953 are also proposed to be repealed. The Himachal Pradesh Private Forest Act, 1954; the Punjab Labor Welfare Fund Act, 1965; Punjab Professions, Trades, Callings and Employment Taxation (Himachal Pradesh Repealing) Act, 1968

Difficult to deal with arrear of cases if Bar members don't cooperate: SC

The Supreme Court has said that fairness is a "hallmark of great advocacy" and if the members of the Bar do not cooperate with the trial courts, it would be very difficult for the courts to deal with huge arrears of cases. The apex court made the observations while hearing a petition arising out of an order of the Bombay High Court. It noted that as per data available on the National Judicial Data Grid, there is a huge pendency of suits in the trial courts in Maharashtra. "If the members of the Bar do not cooperate with the trial courts, it will be very difficult for our courts to deal with the huge arrears," a bench of Justices Abhay S Oka and Rajesh Bindal said in its verdict delivered on September 14. The top court said while a trial is being conducted, the members of the Bar are expected to act as officers of the court and conduct themselves in a reasonable and fair manner. "The members of the Bar must remember that fairness is a hallmark of great advocacy. If the advocates sta

Ex-WFI chief Singh not exonerated in harassment case: Police tells court

Former WFI chief and BJP MP Brij Bhushan Sharan Singh, accused of sexual harassment of several women wrestlers, was not exonerated by the oversight committee constituted by the government to investigate the allegations against him, Delhi police told a city court on Saturday. The police made the submission before Additional Chief Metropolitan Magistrate Harjeet Singh Jaspal during the argument on whether to frame charges against Singh in the case. Singh was not exonerated by the oversight committee. The committee had given the recommendations, not the decision Nowhere has it stated that these allegations are not substantiated or are false, special public prosecutor Atul Srivastava told the court. He urged the court to frame the charges against Singh, saying even a mere gesture can constitute a crime under section 354 (Assault or criminal force to woman with intent to outrage her modesty) of the Indian Penal Code. The Delhi police had filed a charge sheet against the six-time MP on J

Court adjourns Naidu's bail plea to September 19 in corporation case

A local Court in Vijayawada on Friday adjourned the hearing of two bail petitions filed by TDP chief N Chandrababu Naidu to September 19. Naidu, who has been remanded in judicial custody for 14 days for the alleged misappropriation of funds from the Skill Development Corporation, leading to a loss of over Rs 300 crore to the state government, had filed an interim bail petition as well as one seeking regular bail. "The court heard the matters in detail and directed the matter to be posted to Tuesday, September 19 to enable us (CID lawyers) to file a counter affidavit," Special Public Prosecutor Y N Vivekananda, representing the CID, told PTI. He said the CID team of lawyers have opposed both the bail petitions on the grounds of maintainability and made submissions on the merits of the matter. Considering that Naidu's legal team not filing a counter affidavit to CID custody seeking petition and also the High Court being seized of these matters, Vivekananda said they have requested th

Preserve evidence found during Gyanvapi survey: Varanasi court to ASI

The Varanasi District Court has ordered the Archeological Survey of India (ASI) to preserve and document evidence found during the survey of the Gyanvapi mosque, and submit a list to it and the district magistrate. District Judge A K Vishwesh passed the order on Wednesday and a copy was served to the government counsel as well as to the lawyers of the Hindu and Muslim sides the next day, according to Madan Mohan Yadav, who represents the Hindu side in the case. He said the court had heard the matter on September 8 in the presence of lawyers from all parties -- Hindu and Muslim sides, and the government. Plaintiff Rakhi Singh of the Hindu side had urged the court to direct the district magistrate to stop the entry of Muslims in the Gyanvapi mosque complex for securing the complex and safeguarding the evidence found during the survey. Last Friday, the Varanasi court had granted four more weeks to the Archaeological Survey of India (ASI) to complete the scientific survey of the Gyanva

Submit objects related to Hindu religion: Court's order on Gyanvapi case

The Hindu side had demanded an evidence room to preserve the 'proofs' collected during the ASI survey, in addition to reserving the Gyanvapi mosque premises

Govt clears eCourts Project phase-III, with financial outlay of Rs 7,210 cr

The Union Cabinet on Wednesday approved the third phase of eCourts Project as a central sector scheme with a financial outlay of Rs 7,210 crore to be implemented over four years. Briefing media after a Cabinet meeting chaired by Prime Minister Narendra Modi, Information and Broadcasting Minister Anurag Thakur said the eCourts Mission Mode Project is the prime mover for improving access to justice using technology in line with the PM's vision of "Sabka Sath, Sabka Vikas and Sabka Vishwas". As part of the National eGovernance Plan, the eCourts Project is under implementation since 2007 for ICT enablement of the Indian Judiciary. The Phase II of the project has concluded in 2023. Phase III of the e-Courts Project, beginning 2023, in India is rooted in the philosophy of "access and inclusion", the minister said. The third phase is aimed at ushering in a regime of maximum ease of justice by moving towards digital, online and paperless courts through digitisation of the entire court reco

Courts must be on guard, test evidence meticulously when FIR is delayed: SC

Courts must be on guard and test evidence meticulously to rule out possibility of embellishments in the prosecution's story when an FIR is delayed and there is absence of proper explanation, the Supreme Court has said. The apex court acquitted two people whose conviction and life sentence for the offence of murder in a case lodged in 1989 was affirmed by the Chhattisgarh High Court. A bench of justices J B Pardiwala and Manoj Misra noted that the accused were tried for allegedly murdering a man on August 25, 1989, while the FIR in the case was lodged the next day in Bilaspur district. "When an FIR is delayed, in absence of proper explanation, the courts must be on guard and test the evidence meticulously to rule out possibility of embellishments in the prosecution story, inasmuch as delay gives opportunity for deliberation and guess work," the bench said in its verdict delivered on September 5. "More so, in a case where probability of no one witnessing the incident is high, such as

ASI may seek more time from court on Gynavapi survey report, say lawyers

Sudhir Tripathi, an advocate representing the Hindu side, said they think "the survey is not completed yet"

SC to pass guidelines on summoning of officials in courts across nation

The Supreme Court on Monday said it will lay down broad guidelines for courts across the country to deal with the issue of summoning officials in cases involving the government and their officials. A bench comprising Chief Justice D Y Chandrachud and justices J B Pardiwala and Manoj Misra said there must be different set of procedures to deal with contempt proceedings arising out of non-compliance of final judgements and the interim orders passed in pending cases. In pending cases, the affidavits of officials may serve the purpose and in contempt cases, arising out of non-compliance of court orders, the presence of government officials concerned may be necessary, the bench said. "We will lay down some guidelines for summoning of government officers. There must be bifurcation of matters pending and the ones in which adjudication is complete. For pending (cases), summoning officers is not needed but once adjudication is complete then contempt steps in, it said. The court was hearing

Hindu outfit calls for out-of-court settlement of Gyanvapi mosque dispute

A Hindu outfit on the forefront of a legal battle on Gyanvapi complex located next to Kashi Vishwanath temple has written an open letter advocating an out-of-court settlement of the dispute. The letter has come at a time when a scientific survey of the Gyanvapi complex is underway on the order of the Varanasi district court. Jitendra Singh Bisen, chief of Vishwa Vedic Sanatan Sangh, has written an open letter inviting the Hindu and Muslim sides to hold talks to settle the Gyanvapi complex dispute with mutual consent. Bisen said that the letter has been issued on behalf of the Hindu side after the consent of Rakhi Singh, the main litigant in the case. "If this matter can be resolved by mutual consent, then nothing can be better than that," he added. Bisen in his letter said some anti-social elements want to take advantage of this constitutional fight between Hindus and Muslims for their personal gains which can prove to be harmful for both, the country and the society. In such a ..

Nawaz Sharif will return to Pak next month to face court cases: PM Sharif

Pakistan's outgoing Prime Minister Shehbaz Sharif has said that his brother and former premier Nawaz Sharif will return to Pakistan next month to face his pending court cases and lead the party's campaign for the general election. Nawaz Sharif, 73, has been living in self-imposed exile in the UK since November 2019. He was convicted in the Al-Azizia Mills and Avenfield corruption cases in 2018. He was serving a seven-year imprisonment at Lahore's Kot Lakhpat jail in the Al-Azizia Mills case before he was allowed to proceed to London in 2019 on "medical grounds". In an interview with Geo News on Thursday, Shehbaz Sharif, 71, said he would travel to London to meet his elder brother Nawaz Sharif as soon as the caretaker government took charge in the country. Shehbaz Sharif reiterated that his elder brother would be Pakistan's prime minister for the fourth time if the Pakistan Muslim League-Nawaz (PML-N) won the next election to be held later this year. His statement came as the proce

Former Pakistan PM Imran Khan can only be knocked out by votes, not courts

Past Pakistani leaders, including Khan's predecessor Nawaz Sharif, have been disqualified on equally flimsy grounds. In many ways, though, Khan's hold over his followers is unique

What's next for Hunter Biden in court, Congress after his plea deal derails

The unravelling of Hunter Biden's plea agreement has thrust his criminal case into uncertain waters and given new fodder to Republican critics in Congress as they push ahead with investigations into the president's youngest son. Biden was supposed to plead guilty Wednesday to misdemeanour charges for failing to pay taxes. But US District Judge Maryellen Noreika in Delaware put the brakes on the guilty plea after raising concerns during an hourslong hearing about the structure and terms of the agreement and another deal that would allow him to avoid prosecution on a gun charge if he meets certain conditions. Plea deals are carefully negotiated between defence lawyers and prosecutors over the course of weeks or months and it's unusual especially in high-profile cases for judges to not sign off on them. But Wednesday's hearing revealed that the two sides apparently did not see eye to eye on the scope of the agreement around a non-prosecution clause for crimes outside of the gun ...

Court declines to entertain Pernod appeal to renew liquor sale licence

India's federal financial crime agency has accused the company of illegally making profits by giving false information to Delhi

Trump's classified documents case set for first pretrial conference hearing

A Florida judge who issued a court ruling last year that critics said was unduly favourable to Donald Trump is set to preside Tuesday over the first pretrial conference in his landmark criminal case concerning the mishandling of classified documents. Prosecutors and defense lawyers are scheduled to appear before U.S. District Judge Aileen Cannon to discuss the rules and procedures that will govern how classified evidence is used in the case. It's a routine subject for any prosecution that concerns classified information, but it's notable because it will be Cannon's first time hearing arguments in the case since the former president's indictment last month. At issue during Tuesday's arguments is a 1980 law known as the Classified Information Procedures Act. That statute governs how classified information is handled by the parties in a criminal prosecution. It's meant to balance a defendant's right to access evidence that prosecutors intend to use in a case against the government's ...

Court asks husband to pay wife Rs 50,000 a month for pets' maintenance

A Mumbai court, while hearing a woman's plea seeking maintenance from her estranged husband, said pets bring emotional well-being

SC extends Satyendar Jain's bail till July 24 in money laundering case

The Supreme Court on Monday extended till July 24 the interim bail granted to former Delhi minister Satyendar Jain on medical grounds in a money laundering case being probed by the Enforcement Directorate. A bench of justices A S Bopanna and M M Sundresh directed senior advocate Abhishek Singhvi, appearing for Jain, to submit the medical reports to Additional Solicitor General S V Raju. During the brief hearing, Singhvi submitted that three hospitals have recommended surgery for Jain. The top court on May 26 had granted interim bail to Jain for six weeks on medical grounds, saying a citizen has a right to receive treatment of his choice in a private hospital at his own expense. The ED had arrested Jain on May 30 last year on the charge of laundering money through four companies allegedly linked to him. The agency had arrested Jain in the aftermath of a CBI FIR registered against him in 2017 under the Prevention of Corruption Act. He was granted regular bail by the trial court on

2020 Delhi riots: Court frames charges of murder, dacoity against six

A court here has framed charges against six people for allegedly brutally assaulting a man and burning him alive during the 2020 northeast Delhi riots. Additional Sessions Judge (ASJ) Pulastya Pramachala was hearing a case against Aman, Vikram, Rahul Sharma, Ravi Sharma, Dinesh Sharma and Ranjeet Rana, accused of being a part of a riotous mob that burnt Shahbaz alive on February 25, 2020, on the Main Khajuri Pusta Road here. As only a piece of his skull and some pelvic bones remained, the deceased's identity was ascertained by matching the DNA samples of his father, the prosecution said. "I find that all accused persons are liable to be charged for offences punishable under IPC (Indian Penal Code) sections 120 B (criminal conspiracy ) read with sections 147 (rioting), 148 (rioting, armed with a deadly weapon), 302 (murder), 341 (wrongful restraint), and 395 (dacoity)," ASJ Pramachala said in an order passed on Saturday. They would also face trial for the offences of unlawful assemb

Court summons Rajasthan CM Gehlot in defamation complaint by Sekhawat

A Delhi court on Thursday summoned Rajasthan Chief Minister Ashok Gehlot in a defamation complaint filed by the Union Minister Gajendra Singh Sekhawat. Additional Chief Metropolitan Magistrate (ACMM) Harpreet Singh directed Gehlot to appear before court on August 7 in the complaint filed by Shekhawat for allegedly defaming him with his remarks on the alleged Sanjivani scam. The case is related to thousands of investors allegedly getting duped of about Rs 900 crore by the Sanjivani Credit Cooperative Society. Shekhawat has alleged in his complaint that Gehlot has been making defamatory remarks against him over the alleged scam and trying to tarnish his image and affect his political career.