Page 25 - High Court

Tiger Reserve judgement protects forest dwellers' rights, Cong slams BJP

Goa Pradesh Congress Committee President Amit Patkar on Sunday addressed a press conference and lambasted Forest Minister Vishwajit Rane for trying to misguide people and also the court

Over 71,000 cases pending in high courts for more than 30 years: Centre

Over 71,000 cases are pending in various high courts for more than 30 years, Lok Sabha was informed on Friday. The House was also told that over 1.01 lakh cases which are more than 30 years old are pending in lower courts. In a written reply to a question, Law Minister Arjun Ram Meghwal said that as on July 24 this year, 71,204 cases were pending in high courts for more than 30 years. Similarly, 1,01,837 cases were pending for over 30 years in district and subordinate courts. On July 20, he had told the Upper House of Parliament that cases pending in various courts in the country have crossed the five-crore mark. Meghwal had said over 5.02 crore cases were pending in various courts -- the Supreme Court, 25 high courts and subordinate courts. "As per data retrieved from the Integrated Case Management System (ICMIS) by the Supreme Court of India, as on July 1, there are 69,766 cases pending in the Supreme Court. "Total number of cases pending in the high courts and the district and

HC grants bail to ex-MP Vijay Darda, his son Jayaswal in coal scam case

The Delhi High Court on Friday gave interim bail to former Rajya Sabha MP Vijay Darda, his son Devender and businessman Manoj Kumar Jayaswal, who were sentenced to four years in jail in a case related to irregularities in the allocation of a coal block in Chhattisgarh. Justice Dinesh Kumar Sharma issued notice and sought the Central Bureau of Investigation's response on appeals filed by the three men challenging their conviction and sentence in the case. The high court also asked the CBI to file its response to the convicts pleas seeking suspension of their four-year jail term. The Dardas and Jayaswal, who were on bail during the trial, were taken into custody on July 26, immediately after the trial court passed the sentencing order. The CBI counsel opposed the plea for suspension of the sentence and said they will file a detailed reply. The high court has listed the matter for further hearing on September 26.

HC resumes hearing Gyanvapi mosque committee's appeal on ASI survey

The Allahabad High Court on Wednesday resumed hearing a plea against a district court order directing the Archaeological Survey of India to conduct a survey to determine if the Gyanvapi mosque in Varanasi was built upon a temple. After hearing arguments in the matter on Tuesday, Chief Justice Pritinker Diwaker had posted it for further hearing on Wednesday. On Tuesday, Anjuman Intezamia Masjid, which manages the mosque, moved the high court, a day after the Supreme Court halted the ASI survey till 5 pm Wednesday, allowing time for the mosque management committee to appeal against the lower court's order. The counsel for the committee, senior advocate SFA Naqvi, prayed for early hearing of the case before Chief Justice Diwaker stating that there is an urgency as the apex court's order will expire on Wednesday. The Chief Justice said he will hear the matter if the parties have no objection. Vishnu Shankar Jain, the counsel for the respondent (Hindu side), submitted that in the Ram .

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Karnataka HC to hear petition seeking CM Siddaramaiah's disqualification

The petition filed by a voter from the Varuna constituency, KM Shankara, which came up for hearing on Friday, alleges that the Congress party promised freebies for luring voters

K'taka HC to hear petition seeking Siddaramaiah's disqualification July 28

The High Court of Karnataka has said that it will hear on July 28 a petition challenging the election of Chief Minister Siddaramaiah to the Assembly from Varuna constituency. The petition blames the election manifesto of the Congress party which promised five 'guarantees' as corrupt practices amounting to bribery and also undue influence under Section 123(2) of the Representation of the People Act. The petition alleges that Siddaramaiah had breached the provisions of the Constitution and the rules and guidelines under The Representation of the People Act. The petition claims that the The said guarantees are in the nature of offer and promises made by the candidate and by the Indian National Congress party. This was done with the consent of the respondent (Siddaramaiah). They are in the form of gratification to the electorate of Varuna Constituency and with the object of directly inducing the electorate to vote for the Congress party candidate namely the respondent. The consideratio

HC to hear on Monday plea seeking immediate measures at flood relief camps

The Delhi High Court on Friday agreed to hear on July 24 a plea seeking direction to authorities for immediate steps to provide free rations, medical assistance and essential medicines at the flood relief camps in the city. The plea was mentioned for urgent listing before a bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula which listed the matter for hearing on Monday. The plea stated that around 25,000 people were affected by the recent flood in the national capital and complained of a lack of proper sanitation facilities and food at the relief camps. "Flood management being a state subject, the primary onus is upon states to take steps to deal with it," petitioner Dr Akash Bhattacharya, a former assistant professor of Azim Premji University, said. The plea, filed through advocate KR Shiyas, said the unprecedented flood rendered hundreds of people, who reside on the Yamuna floodplains, homeless. "In the alarming and unprecedented situation, the state machine

SC seeks report from HC on Sri Krishna Janmabhoomi-Shahi Idgah dispute

The Supreme Court on Friday directed the Registrar General of the Allahabad High Court to furnish details of suits related to the Sri Krishna Janmabhoomi-Shahi Idgah dispute. A bench of Justices S K Kaul and Sudhanshu Dhulia was hearing a plea challenging the order passed by the high court which transferred to itself all matters related to the dispute pending before a Mathura court. Looking at the nature of the matter, is it not better that the high court tries the matter?. Thinking aloud, if it is tried at a higher level... pendency of matter causes its own disquiet, one side or the other", Justice Kaul observed. Justice Kaul orally observed that multiplicity of proceedings and prolongation are not in the interest of anybody. He said it will be better if the issue is settled at the high court level. The bench then said in its order, We consider it appropriate to ask Registrar of HC to forward to us what are the suits which are sought to be consolidated by the impugned order. The

SC stays proceedings pending in various high courts against 'Adipurush'

The Supreme Court on Friday stayed proceedings pending in various high courts against the controversial movie "Adipurush". "Adipurush", a retelling of the epic Ramayana, has come under attack for its dialogues and use of colloquial language. A bench of Justices S K Kaul and Sudhanshu Dhulia issued notice to parties in the case. The Allahabad High Court on June 30 had directed the makers of the movie to appear before it on July 27 and told the central government to form a committee to give its views on the film. It was hearing separate petitions of Kuldeep Tiwari and Naveen Dhawan seeking a ban on the movie. The high court had ordered director Om Raut, producer Bhushan Kumar, and dialogue writer Manoj Muntashir to appear before it on July 27. It has also directed the central government to constitute a five-member committee to give its view on the film as to whether it had hurt the feelings of the public. In an order, it had also directed the government to review the decision of ..

Asian Games: Wrestling trials exemption - HC to pronounce order on Saturday

The Delhi High Court on Friday said it will pass an order on July 22 on a challenge to the exemption granted to top wrestlers Vinesh Phogat and Bajrang Punia from Asian Games trials. Justice Subramonium Prasad reserved verdict on the petition by Under-20 World Champion Antim Panghal and Under-23 Asian Champion Sujeet Kalkal against the direct entry handed to Phogat and Punia. The endeavour of the court is not to find who is better. The endeavour is to see whether the process has been followed or not, the judge said during the proceedings. Phogat (53kg) and Punia (65kg) were given direct entries for the Asian Games by the Indian Olympic Association's ad-hoc committee on Tuesday while other wrestlers will have to book their places in the Indian squad through selection trials on July 22 and 23. Panghal and Kalkal challenged the exemption and demanded a fair selection process for the quadrennial showpiece. The petition, moved by advocates Hrishikesh Baruah and Akshay Kumar, demanded t

SC issues notice to Gujarat govt on Rahul's appeal against HC verdict

The Supreme Court on Friday sought responses from former Gujarat minister Purnesh Modi and the state government on Congress leader Rahul Gandhi's appeal challenging the high court verdict which dismissed his plea seeking a stay on his conviction in a defamation case over his "Modi surname" remark. A bench of Justices B R Gavai and P K Mishra issued notices to Purnesh Modi, who had filed a criminal defamation case in 2019 against Gandhi over his "How come all thieves have Modi as the common surname?" remark made during an election rally at Kolar in Karnataka on April 13, 2019, and the Gujarat government on Gandhi's appeal. "The limited question at this stage is whether the conviction deserves to be stayed," the bench observed. Senior advocate Abhishek Singhvi, appearing for Gandhi, said the Congress leader has suffered for 111 days, lost one Parliament session and is about to lose another session. The apex court has posted the matter for further hearing on August 4. In his appeal f

No proposal to introduce competitive exam to select HC judges: Govt in RS

There is no proposal to introduce a competitive examination for the selection of high court judges as they are being appointed according to constitutional provisions, Law Minister Arjun Ram Meghwal said on Thursday. India has 25 high courts with a sanctioned strength of 1,114 judges and as on July 1, there were 333 vacancies, according to the law ministry's website. In a written reply in Rajya Sabha, Meghwal said, "There is no proposal to introduce a competitive examination for selection of high court judges as the procedure as per the Constitutional provisions is being followed." In a sub-question, part of a larger question on high court judges, the minister was asked whether the government is planning to consult the Supreme Court for conducting a competitive examination for appointing HC judges. Meghwal explained that the appointment of judges of the Supreme Court and the high courts is made under Articles 124, 217 and 224 of the Constitution and as per the procedure laid down in

Row over services: HC refuses to entertain plea against Centre's ordinance

The Delhi High Court Thursday refused to entertain a plea challenging the Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023, promulgated by the Central Government. A bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula noted that the issue of challenging the constitutional validity of the ordinance is already pending before the Supreme Court and granted liberty to the petitioner to approach the apex court. "Will the Supreme Court and the high court hear the same matter? You approach the Supreme Court," the bench said. The high court allowed the petitioner to withdraw the petition. "It is noticed that the challenge to the constitutional validity in respect of such ordinance is pending before the Supreme Court and the matter is listed today. "The petitioner seeks withdrawal of the petition with a liberty to moved an appropriate application in the pending matter. The writ petition is disposed of as withdrawn with the liberty," the bench

HIV patient cannot be denied employment or promotion: Allahabad HC

The Lucknow bench of Allahabad High Court has held that a person suffering from HIV, who is otherwise fit, cannot be denied employment or promotion. The bench comprising Justice D K Upadhyaya and Justice Om Prakash Shukla passed the order on a plea by a CRPF constable challenging a single-judge bench's May 24 order, which rejected his appeal against the order issued by the CRPF that denied him promotion on the ground that he was tested HIV positive. A person's HIV status cannot be a ground for denial of promotion in employment as it would be discriminatory and would violate the principles laid down in Articles 14 (right to equality), 16 (right to non-discrimination in state employment) and 21 (right to life) of the Constitution of India, observed the two-judge bench in its order passed on July 6. Setting aside the single-judge bench order which had expressed favour with the CRPF that the appellant was not entitled to the promotion after having been tested HIV positive, the two-judge

WFI elections now to be held on August 7 following series of postponements

The much-awaited Wrestling Federation of India elections will be held on August 7 following a series of postponements, according to sources in the parent body. The WFI elections were earlier scheduled to be conducted on July 11 but the Gauhati High Court had stayed the polls, following Assam Wrestling Association's (AWA) plea seeking right to participate in the poll process. The state association had claimed that it was entitled to be an affiliated member of the WFI with voting rights but it was denied recognition by the national federation despite its Executive Committee recommending the same on November 15, 2014. The Gauhati High Court had stayed the polls on June 25, the last date to submit names for the electoral college. The roadblock was cleared on Tuesday after the Supreme Court on Tuesday stayed an order of the Gauhati High Court. The WFI, before being suspended by the sports ministry, had set May 7 as the election date. The sports ministry had ordered the WFI to suspend

SC stays Gauhati High Court order of putting on hold WFI elections

The Supreme Court on Tuesday stayed an order of the Gauhati High Court which had put on hold the Wrestling Federation of India (WFI) elections. A bench of Justices Aniruddha Bose and S V Bhatti issued notices to Union Sports Ministry, Wrestling Federation of India, Assam Wrestling Association and others on a plea challenging the June 25 order of the high court. The counsel appearing for petitioner, Andhra Pradesh Amateur Wrestling Association, told the bench that a third party appeared before the high court on Sunday and got the matter stayed. He said the elections in the Wrestling Federation are getting delayed. The bench then proceeded to issue notice and stayed the high court order. The high court had on Monday fixed July 28 as the next date for hearing the petition, filed by the Assam Wrestling Association. The WFI elections were to be conducted on July 11 but the Gauhati High Court had stayed the polls, following Assam Wrestling Association's (AWA) plea seeking right to ...

Urination case: Accused's wife moves HC against NSA, notice issued to state

The Madhya Pradesh High Court on Monday issued a two-week returnable notice to the state on a petition seeking that the stringent National Security Act (NSA) invoked against a person who allegedly urinated on a tribal man in Sidhi district be revoked. A division bench of Chief Justice Ravi Malimath and justice Vishal Mishra served notices to the state and the Sidhi collector seeking their reply. The case has been listed for hearing on August 1. In her writ petition, Kanchan Shukla stated that NSA was invoked unlawfully against her husband Pravesh Shukla, who has been in jail post arrest a day after the video showing him urinating on the tribal man surfaced on July 4. Her plea said Pravesh Shukla was an activist of a political party and the opposition had created an atmosphere and narrative against him. She also contended that her husband had not committed any serious crime barring some petty offences in the past. She said in her plea that provisions of the Indian Penal Code (IPC)

WFI elections delayed further as Gauhati HC fixes Jul 28 for next hearing

The delayed Wrestling Federation of India (WFI) elections were pushed further on Monday with the Gauhati High Court fixing July 28 as the next date for hearing the petition, filed by the Assam Wrestling Association. The WFI elections were to be conducted on July 11 but the Gauhati High Court had stayed the polls, following Assam Wrestling Association's (AWA) plea seeking right to participate in the election process. The state association had claimed that it was entitled to be an affiliated member of the WFI with voting rights but it was denied recognition by the national federation despite its Executive Committee recommending the same on November 15, 2014. Devajit Saikia, the AWA advocate told PTI that the matter has been listed for next hearing on July 28. "The WFI lawyer didn't appear before the court today. Representative of the sports ministry, which is among the respondents, sought one week's time to file their affidavit. Accordingly, the court asked them to file the affidavi

K'taka HC stays transfer of shares worth Rs 2.51 cr in TD Power System Ltd

The High Court of Karnataka has restrained the chairman of TD Power System Ltd (TDPSL) and several others from transferring shares worth Rs 555 crore of the company. The court passed the interim order on a petition by Vijay Ravindra Kirloskar, the chairman of city-based Kirloskar Electric Company (KEC) who founded TDPSL in 1999. Kirloskar along with the several KEC Welfare Trusts had moved the high court seeking a direction to several persons who hold 2.51 crore shares worth Rs 555 crore in the company, not to transfer or sell them in the stock market. Kirloskar and the Trusts had approached a commercial court in Bengaluru seeking an injunction against the chairman of TDPSL and a family friend of Kirloskar, Mohib Nomanbhai Khericha, Kirloskar's nephew Nikhil Kumar and others from alienating Rs 2.51 crore shares of TDPSL held by them. The Commercial Court had refused to give a temporary injunction following which Kirloskar and the Trusts petitioned the HC. A single judge bench of .