Page 3 - Law

SC allows Adani Cementation to cut 158 mangrove trees in Raigad

The Supreme Court upheld the Bombay High Court's order permitting Adani Cementation to cut 158 mangrove trees for a jetty project in Raigad, aimed at reducing congestion and carbon emissions

AgustaWestland case: HC reserves order on accused Gupta's plea to quash NBW

The Delhi High Court on Wednesday reserved its verdict on a plea filed by businessman and AgustaWestland case accused Shravan Gupta who sought quashing of a non-bailable warrant in a money laundering case probed by the ED, officials said. A Prevention of Money Laundering Act (PMLA) court had issued an "open ended" NBW against him in August 2020. Gupta is alleged to have left for the UK (London) in 2019 after the federal probe agency summoned him for questioning. An Interpol Red Notice was issued against him in August 2023. The ED filed a supplementary chargesheet in February 2022 naming Gupta as an accused in the VVIP chopper case. It has attached assets worth Rs 21 crore in the probe as part of two money laundering investigations against Gupta, director of real estate company MGF Developments. The second PMLA case against is over Rs 180 crore. According to officials, Justice Neena Bansal Krishna on Wednesday heard Gupta's plea of quashing the NBW issued against him. The judge

Companies affected in IPR cases can press criminal charges as 'victim': SC

Supreme Court allows companies affected by IPR violations to file appeals as 'victims' under the Code of Criminal Procedure, enabling them to pursue criminal proceedings in such cases

CJI Gavai calls for reforms in legal system while addressing law graduates

The Indian legal system has been facing unique challenges and is badly in need of fixing, Chief Justice of India BR Gavai said on Saturday. Delivering Convocation Address at Nalsar University of Law, Hyderabad at Justice City near here, Justice Gavai advised students to go abroad for studies on scholarships, not to put pressure on family finances. "Even though I conclude that our legal system is badly in need of fixing, I remain cautiously optimistic that my fellow citizens will rise to the challenges, CJI Gavai said. "Our country and legal system are facing unique challenges. Delays in trials can sometimes go for decades. We have seen cases where someone has been found innocent after spending years in jail as an undertrial. Our best talent can help us resolve the problems that we are facing," he further said. He advised the passing out graduates to seek mentors not for their power, but for integrity. Chief Minister A Revanth Reddy and Supreme Court Judge Justice PS Narasimha als

Govt begins collecting signatures of MPs for motion to remove Justice Varma

The government has begun collecting signatures of MPs to move a motion in Parliament to remove Justice Yshwant Varma, who is embroiled in a row following the discovery of burnt wads of currency at his residence after a fire incident. Sources said signatures of many MPs from the Lok Sabha have been collected for the impeachment exercise, an indication that the motion may be moved in the Lower House. A fire incident at Varma's residence in the national capital in March this year, when he was a judge at the Delhi High Court, had led to the discovery of sacks of cash in the outhouse. He was subsequently repatriated to the Allahabad High Court, and an in-house probe ordered by then-Supreme Court Chief Justice Sanjeev Khanna had indicted him. Though Varma has denied any wrongdoing, the enquiry panel had concluded Varma and his family members had covert or active control over the storeroom, where the cash was discovered, proving his misconduct serious enough to seek his removal. After he

Petition in SC seeks electoral roll revision before every election

A plea in the Supreme Court has sought Special Intensive Revision (SIR) of electoral rolls, particularly before parliamentary, state assembly and local body elections in the country. On Monday, the top court agreed to hear on July 10 a batch of petitions challenging the decision of the Election Commission of India (ECI) to undertake special intensive revision of electoral rolls in poll-bound Bihar. A bench of Justices Sudhanshu Dhulia and Joymalya Bagchi on Tuesday asked the petitioner Ashwini Upadhyay, who sought the matter's urgent listing along with the pending petitions opposing the election commission move, to iron out procedural defects before it could be listed for hearing. Upadhyay sought his plea to be heard on July 10, when the other pleas would be heard. His plea sought a direction to the Election Commission of India to conduct the SIR in order to ensure only Indian citizens decided the polity and policy "not the illegal foreign infiltrators". "Demography of 200 distric

Delhi HC asks Centre to frame rules for mode-specific information under RTI

Highlighting a gap in RTI Rules, a division bench of Chief Justice Upadhyaya and Justice Gedela stated the need for providing information in the format sought by applicants while ensuring safeguards

Govt proposes to repeal 141-year-old Explosives Act, 1884 to bring new law

The government has proposed to repeal the 141-year-old Explosives Act of 1884 and introduce a new law stating that the existing legislation is based on the old British pattern and is not adequately meeting the country's growing requirements. The Department for Promotion of Industry and Internal Trade (DPIIT) has sought comments and suggestions from the general public, industry associations and other entities concerned on the proposal before July 17 this year. It said the Explosives Act, 1884 is a pre-constitutional act and it was comprehensively modified in 1978. Many large and small companies began to manufacture high explosives after independence. "It is observed that the Explosives Act, 1884, which is based on the old British pattern and is not adequately meeting the country's growing requirements and development in the explosive sector thereby resulted in difficulties for the industry," the DPIIT's note for public and stakeholder consultations said. To remove shortcomings in t

The downside of putdown: How Indian laws view disparagement in advertising

Comparative advertising is allowed within certain leg­al and ethical boundaries. However, when those comparisons become misleading, malicious, or defamatory, the law steps in

SC upholds Delhi HC order, rejects Waqf Board claim on Shahdara gurudwara

A bench of Justices Sanjay Karol and Satish Chandra Sharma ruled that the gurudwara's continued existence since 1947 outweighed the Waqf Board's claim to the Shahdara property

US Supreme Court eases key environmental law to speed development projects

The Supreme Court on Thursday narrowed the scope of environmental reviews required for major infrastructure projects in a ruling that could accelerate development of railroads, highways and pipelines around the country. The 8-0 decision follows an appeal to the high court from backers of a multibillion-dollar oil railroad expansion project in Utah, which is aimed at quadrupling oil production in the remote area of sandstone and sagebrush. Environmental groups said the decision would have sweeping impacts on how the National Environmental Policy Act is applied. The landmark environmental law requires federal agencies to study the likely environmental impacts of government-funded projects in an often lengthy review process. President Donald Trump's administration has already said it's speeding up that process after the president in January declared a national energy emergency and vowed to boost US oil and gas production. Justice Brett Kavanaugh referred to the decision as a course ..

SC admits Byju's promoters' pleas, next insolvency hearing on July 21

SC admits cases filed by Byju's promoters challenging NCLAT ruling on BCCI insolvency plea despite settlement; interim relief to be taken up in July

Senior lawyers should not argue cases during summer recess, says SC

The Supreme Court on Wednesday said senior lawyers should not argue cases during summer recess. A bench comprising Justices B V Nagarathna and Satish Chandra Sharma said junior lawyers should be given opportunities during vacation. "Senior lawyers should not argue cases during these partial working days," the bench told senior advocates Mukul Rohatgi, Abhishek Manu Singhvi and Neeraj Kishan Kaul. The lawyers were appearing in a plea filed against an order of the National Company Law Tribunal. One of the counsels in the matter mentioned the matter seeking adjournment as senior advocate Shyam Divan was not available. The top court has rechristened its traditional summer vacations as "partial court working days". The development was a part of an amendment in Supreme Court Rules, 2013, which have now become Supreme Court (Second Amendment) Rules, 2024, notified on November 5. "The length of the partial court working days and the number of holidays for the court and the offices of t

Do expert committees matter? A discarded draft law reveals their influence

SRAs are a major author of law in India today. They have been given the power to legislate - that is, to write legal instruments that demand certain behaviour of private persons

SC condemns terrorist attack in Pahalgam, judges pay tribute to victims

The Supreme Court on Wednesday expressed anguish and strongly condemned the heinous terrorist attack that targeted tourists at Pahalgam in Jammu & Kashmir on Tuesday. Judges and the lawyers in the top court paid tributes to victims by observing a moment of silence. In a full court meeting held on Wednesday morning, the top court unanimously adopted a resolution denouncing the act of terror, the apex court said in a statement. This diabolical act of mindless violence has shaken the conscience of all and is a stark reminder of the brutality and inhumanity that terrorism unleashes," it said. The top court resolution went on, The Supreme Court of India pays its respectful tribute to the innocent lives snuffed out brutally and prematurely while also expressing its heartfelt condolences to the bereaved families. May the departed souls rest in peace and may those who were injured recover soon. The nation stands with the victims and their families in this hour of indescribable grief." The

Only 95 out of 795 judges across 25 HCs, SC have declared assets: Data

The Madras High Court has seen just five of its 65 judges disclose their assets. At the Chhattisgarh HC, only one out of 16 judges has done so

Reward lawyers involved in free legal aid: Parliamentary panel tells govt

Absence of structured incentives has deterred widespread participation of lawyers in free legal aid activities, a parliamentary panel has noted while recommending setting up of a "national registry" for pro-bono lawyers, offering recognition and linking their contributions to career advancement opportunities. The parliamentay committee on law and personnel also lamented that para-legal volunteers (PLVs) remain an under-utilised resource despite their potential to connect marginalised communities with essential legal services. In its action taken report on its previous report on 'review of the working of legal aid under the Legal Services Authority Act, the committee said efforts to encourage pro-bono (free legal service offered, especially to the poor) work and enhance lawyer compensation are progressing. "... yet the absence of structured incentives and formal recognition continues to deter widespread participation. Recognising the vital role of effective legal representation, ...

Coal scam: Delhi court discharges former coal secretary H C Gupta

A Delhi court has discharged former coal secretary H C Gupta and ex-joint secretary (coal) K S Kropha in a case related to alleged irregularities in allocation of Mednirai coal bock in Jharkhand. Special Judge Sanjay Bansal granted the relief to Gupta and Kropha citing lack of evidence against them in the case. "It is held that both the accused public servants are entitled for discharge and are hereby discharged," the judge said in an order passed on April 4. The judge, however, directed framing of charges of criminal conspiracy and cheating against Kohinoor Steel Pvt. Ltd., its director, Vijay Bothra, and employee Rakesh Khare, saying "they dishonestly and fraudulently induced MoS (Ministry of Steel), MoC (Ministry of Coal) and Govt. of India to allocate Mednirai Coal Block to the company." "They appear to have been in conspiracy with one another. The circumstances tend to show existence of such a conspiracy," the judge said. The present case relates to allocation of Mednirai coa

Savarkar remarks case: Court allows Rahul Gandhi's plea for summons trial

A Pune court on Monday allowed Congress leader Rahul Gandhi's plea to convert the defamation case over his alleged remarks on V D Savarkar from a summary to a summons trial so that historical references and evidence can be discussed. Judicial Magistrate (First Class) Amol Shinde of the Special Court for MPs/MLAs allowed the application filed by Gandhi's lawyer Milind Pawar. The case, prima facie, falls in the category of a summons case, the court order said. "In the present case the accused is claiming and raising questions of facts as well as law which are complex in nature. The accused also raised certain issues which will be determined on historical facts. Therefore, in my view it is undesirable to try this case as a summary. Because in summary trial detail evidence, cross examination is not taken," it said. "In (summons) case, the accused has to lead detailed evidence and has to cross examine the witnesses of the complainant thoroughly. It shall be incumbent in the interest of

Razing bulldozer justice: Apex court underlines the need for due process

Apex court underlines the need for due process