Page 14 - Law

Sena Vs Sena: SC seeks response of Maha CM Shinde on Thackeray group's plea

The Supreme Court on Monday sought responses from Chief Minister Eknath Shinde and other lawmakers of his group on a plea of the Uddhav Thackeray faction challenging Maharashtra Legislative Assembly Speaker Rahul Narwekar's order declaring the Shiv Sena bloc led by Shinde as the "real political party" after its split in June 2022. A bench comprising Chief Justice D Y Chandrachud and Justices JB Pardiwala and Manoj Misra took note of the submissions of senior advocates Kapil Sibal and Abhishek Singhvi, appearing for the Thackeray faction, and sought response of the chief minister and other MLAs within two weeks. At the outset, the top court said the plea can be heard by the Bombay High Court as well. The senior lawyers for the Thackeray faction, however, opposed the idea and said the top court is more equipped to handle the case. Your Lordships have to decide it. If we go to the high court, then it will be delayed further, Sibal said, adding the speaker's decision had come in ...

Moti Mahal owner files suit against Daryaganj restaurant over using tagline

Plaintiffs Moti Mahal restaurants claims that their predecessor's Late Chef Kundan Lal Gujral alone has been known and identified as the sole 'Inventor of Butter Chicken and Dal Makhani'

Bilkis Bano case: No SC relief, convict's kin says will surrender on Sunday

A relative of one of the 11 convicts in the Bilkis Bano case said on Saturday that he will surrender on the evening of January 21, the deadline set by the Supreme Court. The apex court on Friday dismissed a plea by the convicts, sentenced to life imprisonment in the gangrape of Bilkis Bano and the murder of seven of her family members during the 2002 Gujarat riots, seeking an extension of time to surrender. The convicts, who belong to Singvad and Randhikpur villages in Singvad taluka of Dahod, are required to surrender at Godhra sub-jail in Panchmahal district on Sunday. A relative of Shailesh Bhatt, one of the convicts, told PTI that he would surrender before the Godhra jail authorities on Sunday evening. The top court had on January 8 annulled the remission granted to the convicts by the Gujarat government in the high-profile case, slamming the state for usurpation of power. In August 15, 2022, the convicts were granted premature release after the Gujarat government accepted the

Judiciary pillar of democracy, should have spirit of service: CM Bhajanlal

Rajasthan Chief Minister Bhajanlal Sharma on Saturday said the judiciary is playing an important role as a strong pillar of democracy and exhorted lawyers to work with a spirit of service by helping provide timely justice to victims. Sharma was addressing the swearing-in ceremony of the newly elected executive of The Bar Association Jaipur. "The Indian judiciary is highly respected in the world today due to the important contribution of lawyers in the freedom movement to the making of the Constitution. This pleasant result has been possible only due to the work done by the lawyers in the interest of society," an official statement quoted the chief minister as saying on the occasion. He said advocates have a very high status in the society. "By living in the society, they remain aware of their problems and work with commitment to provide them timely justice. Besides, they also work to connect the society". Sharma said lawyers should perform the duty of providing timely justice to t

HC refuses to stay notice asking Moitra to vacate govt accommodation

The Delhi High Court Thursday refused to stay the eviction notice issued to expelled Lok Sabha member of TMC Mahua Moitra asking her to vacate her government accommodation. Justice Girish Kathpalia said no specific rule has been brought before the court which would deal with the eviction of members of Parliament from government accommodation after they cease to be MPs. "To conclude, in view of the pendency of the issue of expulsion of petitioner (Moitra) before the Supreme Court and the issue of extension of time to vacate the government accommodation being inextricably linked with that, coupled with the fact that as on date petitioner has no right, this court is not inclined to invoke jurisdiction under Article 226 of the Constitution of India at this stage to restrain the operation of the impugned eviction order. Accordingly, the application stands dismissed," the court said in its detailed order. The court listed the petition of Trinamool Congress leader in which she has challeng

Unmarried daughters have right to get maintenance from parents: HC

The Allahabad High Court has ruled that an unmarried daughter, irrespective of her religion or age, has the right to obtain maintenance from their parents under the Domestic Violence Act. The high court made the observation while dismissing a petition filed by Naimullah Sheikh and another under the Protection of Women from Domestic Violence Act, 2005. The parents of three daughters had challenged a lower court's order grating maintenance to them. "There remains no doubt that an unmarried daughter, whether Hindu or Muslim, has a right to obtain maintenance, irrespective of her age. This is made clear again that the courts have to look for other laws applicable when the question pertains to the right to be maintained. However, where the issue does not pertain to mere maintenance, the independent rights are available to an aggrieved under section 20 of the domestic violence act itself," Justice Jyotsna Sharma observed. The three daughters had filed a case in a court claiming maintenanc

Ex-Prez Trump arrives at defamation trial over columnist's sex abuse claims

After a political victory in the Iowa caucus, former President Donald Trump arrived at court Tuesday to face another legal challenge: a trial to determine how much more he owes the writer E Jean Carroll for denying that he sexually assaulted her in the 1990s and accusing her of lying about her claims. Jury selection is beginning at a federal court in Manhattan where Trump arrived in a motorcade shortly before 9 am, entering the building through a special entrance not usually used by the public. Opening arguments could take place by afternoon in what is essentially a second penalty phase of a legal fight Carroll has already won. In May, a different jury awarded Carroll USD 5 million after concluding that Trump sexually abused her in a department store dressing room in spring 1996, then defamed her in 2022 by claiming she made it up after she revealed it publicly in a 2019 memoir. The jury said Carroll hadn't proven that Trump raped her. Trump is appealing and hasn't paid any of that

US SC allows court order to take effect potentially costing Apple billions

The Supreme Court on Tuesday allowed a court order to take effect that could loosen Apple's grip on its lucrative iPhone app store, and potentially affect billions of dollars in revenue a year. The justices rejected Apple's appeal of lower-court rulings that found some of Apple's app store rules for apps purchased on more than 1 billion iPhones constitute unfair competition under California law. The appeal stemmed from an antitrust lawsuit filed by Epic Games, maker of the popular Fortnite video game. Epic lost its broader claim that Cupertino, California-based Apple was violating federal antitrust law, and the justices also rejected Epic's appeal Tuesday. But in turning away Apple's plea, the court lifted a hold on an order to allow app developers throughout the US to insert links to other payment options besides its own within iPhone apps. That change would make it easier for developers to avoid paying Apple's commissions. Epic, based in Cary, North Carolina, had claimed that ...

PM Modi's degree row: SC stays defamation proceedings against AAP leaders

The Supreme Court on Tuesday stayed the proceedings before a trial court on a defamation complaint filed by the Gujarat University against Delhi Chief Minister Arvind Kejriwal and AAP MP Sanjay Singh for their alleged remarks about Prime Minister Narendra Modi's educational qualification. A bench of Justices B R Gavai and Sandeep Mehta passed the order while hearing Singh's plea seeking a transfer of the case pending before a trial court in Gujarat outside the state, preferably in Kolkata. The apex court asked the Gujarat High Court to take a decision within four weeks on a plea filed by the Aam Aadmi Party (AAP) leaders seeking quashing of the summonses issued to them by the trial court. The bench said in the meantime, the proceedings before the trial court will remain stayed. Singh, in his plea filed in the top court through advocate Karan Sharma, had alleged bias in the proceedings before the trial court, saying while the plea was pending before the high court, the trial judge w

Tighter rules to be notified soon: Govt after Tendulkar's deepfake video

After legendary cricketer Sachin Tendulkar flagged his deepfake video doing the rounds, Union Minister Rajeev Chandrasekhar slammed deepfakes as a threat to the safety and trust of Indian users, saying the government will soon notify tighter rules under the IT Act to ensure compliance by platforms. In a post on X, Tendulkar mentioned the doctored video - where he is seen promoting a gaming application - and expressed concerns about the misuse of technology. Taking to X, the Minister of State for IT and Electronics thanked Tendulkar for flagging the deepfake video and said "#DeepFakes and misinformation powered by #AI are a threat to Safety&Trust of Indian users and represents harm & legal violation that platforms have to prevent and takedown". Chandrasekhar said that a recent advisory by the IT Ministry requires platforms to fully comply with this. "We will be shortly notifying tighter rules under the IT Act to ensure compliance by platforms," the minister said. The fake video

Parl security breach: Court sends accused to judicial custody till Jan 27

A Delhi court on Saturday sent the six accused arrested in connection with the Parliament security breach case to judicial custody till January 27. Additional Sessions Judge Hardeep Kaur remanded Manoranjan D, Sagar Sharma, Lalit Jha, Amol Shinde, Mahesh Kumawat and Neelam Azad in judicial custody after they were produced before the court on expiry of their police remand. The judge passed the order on an application moved by Delhi police seeking judicial custody of all the accused as the investigation was ongoing. During the hearing, accused Neelam Azad alleged before the court that a woman officer forcibly made her sign over 50 blank papers on Friday. Special Public Prosecutor Akhand Pratap Singh objected to the allegations and submissions of the accused. The court recorded the submissions of both sides. In a major security breach on the anniversary of the 2001 Parliament terror attack, Sharma and Manoranjan jumped into the Lok Sabha chamber from the public gallery during Zero H

Mahadev app case: ED makes two fresh arrests in money laundering case

The Enforcement Directorate has arrested two more persons in connection with its money laundering investigation into the Mahadev online betting and gaming app case, officials said on Saturday. Nitin Tibrewal, a resident of Kolkata, and Raipur-based Amit Agrawal were taken into custody under various sections of the Prevention of Money Laundering Act (PMLA) and produced before a special court here on Friday, ED lawyer Saurabh Pandey said. The court sent them to ED custody till January 17, he said. Tibrewal is the majority shareholder of Techpro IT Solutions Ltd, a company that was acting as a "front" for Mahadev Online Book (Mahadev app) and investing the proceeds of crime generated out of illegal operations in India by way of foreign portfolio investment, the ED said in a statement. He "tried to conceal this fact despite multiple opportunities granted to him. He also did not reveal his foreign bank accounts and assets before the ED which have been discovered during the course of ...

Trump in court for closing arguments after judge receives bomb threat

Donald Trump arrived for closing arguments on Thursday in his New York civil fraud trial after authorities responded to a bomb threat at the home of the judge who moved this week to prevent the former president from delivering his own closing statements. Authorities responded to the threat at Judge Arthur Engoron's home on Long Island, a court official said. The proceedings were not delayed. Trump, the leading contender for the Republican presidential nomination, has repeatedly disparaged the judge in the case, accusing him in a social media post Wednesday night of working closely with the New York attorney general to screw me. At this moment the judge is not letting me make the summation because I'll bring up things he doesn't want to hear," Trump said as he walked into the courtroom, characterising the decision as political interference. This is a case that never should have been brought," he said. Trump said he was still hoping he would be allowed to speak, but his lawyer did n

Doesn't matter if AMU minority institution, still important nationally: SC

Here's a lowdown on the important cases heard in the Supreme Court and the Delhi High Court today

Assam will be third state to introduce Uniform Civil Code: CM Himanta

Assam will be the third state after Uttarakhand and Gujarat to introduce a Bill seeking a Uniform Civil Code (UCC) and it will exempt the tribal communities from the ambit of the law, Chief Minister Himanta Biswa Sarma said here on Thursday. A UCC means having a common law for all citizens of the country that is not based on religion. Personal laws and laws related to inheritance, adoption and succession are to be covered by a common code. 'We are waiting for the Uttarakhand Bill on UCC and after it is introduced, Assam will follow it with certain additional clauses,' the chief minister said at a press conference here. The Assam model will have certain innovative points as the state is fighting against child marriage and polygamy, he said. The Bill will, however, exempt the tribal communities from its ambit, Sarma said. 'We will go through the Uttarakhand Bill and see if public consultations will be possible within the next two to three months,' he said. If, however, certain ...

Google's $2.7 bn EU antitrust fine should be upheld, says court adviser

The European Commission handed down the fine to the company in 2017 for using its own price comparison shopping service to gain an unfair advantage over smaller European rivals

Pak SC judge Sayyed Mazahar Ali Akbar resigns amid corruption allegations

A Pakistan Supreme Court judge who was facing allegations of corruption resigned on Wednesday, a day after the apex court's disciplinary committee refused to stay proceedings against him for his misconduct. In a letter to the Pakistan President Dr Arif Alvi, Justice Sayyed Mazahar Ali Akbar tendered his resignation and said that he couldn't carry forward his duties amidst the allegations and the way he was treated. "It was an honour to be appointed and to serve as a judge first of the Lahore High Court and then as the Supreme Court of Pakistan. In the circumstances which are a matter of public knowledge and to some extent public record, it is no longer possible for me to continue to serve as a judge of the Supreme Court of Pakistan, Justice Naqvi said. Considerations of due process also compel. I, therefore, effective today resign as judge of the Supreme Court of Pakistan, he added. On Tuesday, the Supreme Court rejected Justice Naqvi's request to stay proceedings against him in th

Imran Khan fails to get relief from Pak court to contest Feb 8 elections

Justice Tariq Nadeem and Justice Abul Aziz of the tribunal announced the verdict on Lahore's NA-122 and Mianwali NA-89 seats, respectively. In the 2018 polls, Khan had won both his hometown's seats

SC upholds HC cap order on visits by prisoners' families, legal advisers

Here's a lowdown on the important cases heard in the Supreme Court and the Delhi High Court today

Apple disputes EU tech rules labelling its 5 App Stores as one service

The company also disputed the characterisation of its operating system iOS as an important gateway for business users to reach end users and the interoperability obligation that goes with that label