Lawgic Simplified

In a recent judgment dated 21st April 2023, the Court ordered the release of the petitioners on probation within two weeks from the said date. However, the petitioners were not released as per the court's order, leading to the filing of a Contempt Petition by the petitioners. In response to the Contempt Petition, the respondents filed a compliance affidavit stating that the petitioners have been released, but there was no explanation provided for the significant delay in their release. The Court noted that the respondents did not seek an extension of time from the Court. While the Court decided not to initiate any further action under the Contempt of Court Act, 1971 against the respondents, it directed the State of Uttar Pradesh to pay costs amounting to Rs. 10,000/- (Rupees ten thousand) to each petitioner within one month from the date of the judgment. Thus, the Contempt Petition was disposed of with the above directions and costs imposed on the State of Uttar Pradesh for the del...

The Supreme Court on Monday refused to entertain a plea seeking the court's intervention to declare the crisis in Uttarakhand's subsidence-hit Joshimath a national disaster, saying since the state high court is seized of a "broad range of issues" it should hear it as a matter of principle. As the lawyer for the petitioner submitted that people in Joshimath are dying, the top court told him curtly, "You don't want to use these proceedings for sound bytes in social media." Also Read:  Bhopal Gas Leak Tragedy: Supreme Court Says Centre Cannot Reopen Settlement Arrived at Three Decades Ago A bench of Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala asked petitioner Swami Avimukteshwaranand Saraswati to approach the Uttarakhand High Court with his petition. "As a matter of principle, we should allow the High Court to deal with this. High Court is seized of a broad range of issues, we'll give you liberty to approach the High C...

The Supreme Court on January 10, 2023 pulled up the Centre for pursuing its curative plea seeking an additional INR 7,844 crore from successor firms of Union Carbide Corporation (UCC) for giving compensation to the victims of the Bhopal gas tragedy, saying the court is bound by 'maryada' of jurisdiction and the government cannot reopen a settlement arrived at with the company after over 30 years. Observing that populism cannot be a basis for judicial review, the top court said it does not look good in a globalised world that even if you have settled something with the government of India it can be reopened at a later stage. Also Read:   Supreme Court Directs Union Government To File Response In Plea Challenging Places of Worship (Special Provisions) Act, 1991 Justice Sanjay Kishan Kaul, who headed the five-judge Constitution bench, said, "Courts are not averse to extending the envelope to exercise jurisdiction. But it all depends on the jurisdiction you are dealing with. ...

The Supreme Court Collegium headed by Chief Justice D Y Chandrachud on Tuesday recommended the elevation of seven judicial officers and two advocates as judges of different high courts. The Collegium in its meeting approved the proposal for the elevation of Judicial Officers -- Ramachandra Dattatray Huddar and Venkatesh Naik Thavaryanaik as judges in the Karnataka High Court. Also Read:   Supreme Court Directs Union Government To File Response In Plea Challenging Places of Worship (Special Provisions) Act, 1991 "The Supreme Court Collegium in its meeting held on January 10, 2023 has, on reconsideration, resolved to reiterate its earlier recommendation for the elevation of Shri Nagendra Ramachandra Naik, Advocate, as Judge in the Karnataka High Court," the resolution stated. In another decision, the Collegium approved the proposal for the elevation of advocate Neela Kedar Gokhale as a judge of the Bombay High Court. Also Read:  Supreme Court Declines To Stop Operations of Noi...

The Supreme Court on Monday asked the Union government to file its reply to a batch of PILs challenging the validity of certain provisions of a 1991 law which prohibits the filing of a lawsuit to reclaim a place of worship or seek a change in its character from what prevailed on August 15, 1947. A bench of Chief Justice DY Chandrachud and Justice PS Narasimha gave the Centre time till the end of February to submit its response to the petitions against some provisions of the Places of Worship (Special Provisions) Act, 1991. Also Read:   Attendance Of A Minimum Percentage Of Classes Prescribed In Professional Courses Such As LL.B. Is Non-Negotiable, Reiterates Delhi HC Senior advocate Kapil Sibal, appearing for some of the intervenors, raised the preliminary objection to the challenge of a statute through PILs, calling it a serious issue. "I have certain points to make. First, this challenge has been made through PILs...I can understand if there is a dispute concerning a structure. ...

Noting that the entire metro rail project is complete and running, the Supreme Court has refused to stop the Noida metro's operations for the want of environmental clearance. The court was hearing an appeal filed against a May 31, 2016 order of the National Green Tribunal (NGT), directing that all metro rail projects need an environmental clearance after conducting a proper environmental impact assessment. Also Read:   Attendance Of A Minimum Percentage Of Classes Prescribed In Professional Courses Such As LL.B. Is Non-Negotiable, Reiterates Delhi HC Keeping the question of law open, a bench of Justice M R Shah and Justice C T Ravikumar said the metro services in Delhi and Noida are being used by the public at large. "In that view of the matter, when the entire metro rail project is complete and the metro rail is running, the clock cannot be put back and the same shall not be even in the larger public interest. Under the circumstances, we propose to dispose of the ...

The Supreme Court on Friday stopped the execution of the Meghalaya High Court order staying the memorandum of understanding (MoU) signed by the chief ministers of Assam and Meghalaya for settling the festering boundary dispute between the two states, terming it "unwarranted". A bench of Chief Justice D Y Chandrachud and Justices P S Narasimha and J B Pardiwala took note of the submissions of Solicitor General Tushar Mehta and the lawyers representing Assam and Meghalaya, and directed the Meghalaya High Court order to be stayed. Also Read:   Attendance Of A Minimum Percentage Of Classes Prescribed In Professional Courses Such As LL.B. Is Non-Negotiable, Reiterates Delhi HC "Prima facie, it appears that the single judge (bench of Meghalaya HC) has not furnished any reasons. Whether the MoU requires further consideration by Parliament is a distinct issue. However, the interim stay was not warranted. Notice shall be issued to respondents...Meanwhile, there shall be a stay on...

By - Nivedita Tiwari* The Petitioner Nayadhar Padhilal, had filed a writ petition before the High Court of Orissa. He is an engineer by profession and belongs to the Bathudi Tribal Adivasi community. He contended that Kaai (Kutuki) Chutney (paste) which is prepared by using red ants, mixed with green chilly is a potent medicine that can boost the immunity system and it can prevent the infection of COVID-19.   When his representations to the Council of Scientific and Industrial Research (CSIR) and the Indian Council of Medical Research (ICMR) were not considered, the petitioner filed a writ petition, which was disposed of by the order of the Orissa High Court with a direction to CSIR, and ICMR to decide on his representation. Also Read - Economic criterion cannot be the sole criterion for identifying creamy layer: Supreme Court quashes Haryana Govt. notification The Ministry of Ayush, Government of India as well as the CSIR had taken consideration of the same. The C...

By - Hiranmayi Gowravajhula* The Supreme Court on August 24, 2021, nullified a notification issued by the State of Haryana on August 17, 2016, regarding identification of creamy layer and sub-classification of backward classes, with preference in reservation given to a particular section of a backward class group.  The State has been given three months to issue a fresh notification, as ordered by the Court. However, the bench has allowed that admittance and placements in state services that have already been made on the basis of the aforementioned notification shall not be disrupted.  Also Read - Delay in submitting the forensic test report due to the lack of adequate manpower poses a significant challenge to the administration of justice: Orissa High Court The reason for this decision is that despite Section 5(2) of the Haryana Backward Classes (Reservation in Services and Admission in Educational Institutions) Act, 2016, (the 2016 Act) which made it mandatory for...

By - Divisha Srivastava* While dismissing the review petitions filed by some medical students, the Supreme Court observed that no sympathy can be offered to those who entered by the backdoor. Some medical students had filed a petition before the Supreme Court, contesting the Medical Council of India’s discharge letter directing discharge of 67 students admitted to the Glocal Medical College. They stated that they were admitted through the Glocal Medical College’s counselling process and that they had passed the first and second-year examinations. Also Read - An educated person is not immune to cheating: Delhi High Court denies anticipatory bail to a senior Navy officer accused of rape In response to their petition, the MCI and the State of Uttar Pradesh claimed that they were admitted through backdoor and that their admission was a consequence of collaboration between the Glocal Medical College and them. The court noted that the state of Uttar Pradesh has issued a notification mand...