A summary of important cases from the causelists of the Supreme Court of India, the Bombay High Court, and the Delhi High Court. .Supreme Court of India.1. Sonia Gandhi v. Dr. Subramaniam Swamy and Anr..[Item 53 in court 3 – SLP(Crl) 1024/2016].Bench: Jagdish Singh Khehar, C. Nagappan.Petitions filed by Congress president Sonia Gandhi and party vice-president Rahul Gandhi against the Delhi High Court order in National Herald case whereby it had refused to interfere with the trial in the Patiala House court. Lawyer Kapil Sibal had mentioned the matter yesterday and urged the Supreme Court to hear the case on its scheduled date, i.e. today despite respondent Subramanian Swamy, who is appearing on caveat, informing the court that he is unavailable for proceedings till February 19..Today in court: The Court refused to interfere with the trial but expunged certain parts of the order of the High Court. It also dispensed with the personal appearance of Rahul and Sonia in the trial court. Read the full story here..2. Indian Young Lawyers Association & Ors. v. State Of Kerala & Ors..[Item 303 in court 4 at 2 pm – Writ Petition (Civil) 373/2006].Bench: Dipak Misra, Pinaki Ghose, NV Ramana JJ..Case pertaining to the entry of women in the Sabarimala temple. The State government has filed its response, changing its stand and saying that women cannot be permitted in the temple since the practice flows from the temple deity’s celibacy vows..The affidavit states that the practice is “an essential and integral part of the right of practice of religion of a devotee and comes under the protective guarantee of the Constitution under Articles 25 and 26 which have been held to contain guarantee for rituals, observances, ceremonies and modes of worship which are an integral part of religion.”.Today in court: The Travancore Devaswom Board today sought time to collect further materials relating to the customs and practices associated with the Sabarimala temple. The court allowed the same. The court also appointed Senior Advocates Raju Ramachandran and K Ramamurthy as Amicus Curiae. The case will now be taken up on April 11. Read the full story here..3. MC Mehta v. Union of India & Ors..[Item 27 in court 1– IA 363 & 364 in IA 344 in Writ Petition (Civil) 13029/1985].Bench: Chief Justice TS Thakur, AK Sikri, R Banumathi JJ..Petitions relating to pollution in Delhi. Check evening updates..Today in court: This case could not be tracked. Any update/ information would be appreciated..4. Extra Judl. Exec. Victim Families Assn. & Anr v. Union of India & Anr.[Item 301 in court 8 – Writ Petition (Crl) 129/2012].Bench: Madan B Lokur, UU Lalit JJ..Case pertaining to extra judicial killings in Manipur. Read more about the case here..Today in court: This case could not be tracked. Any update/ information would be appreciated..5. Sri Subrata Roy v. Union of India & Ors.[Item 8 in court 1 – Writ Petition (Civil) 67/2016].Bench: Chief Justice TS Thakur, MY Eqbal, R Banumathi JJ..A fresh public interest litigation. Check evening updates to know more about this case..Today in court: This petition was withdrawn..6. Pranab Kumar Mazumdar and Ors. v. Union of India and Anr.[Item 9 in court 1 – Writ Petition (Civil) 68/2016].Bench: Chief Justice TS Thakur, MY Eqbal, R Banumathi JJ..A fresh public interest litigation. Check evening updates to know more about this case..Today in court: This case could not be tracked. Any update/ information would be appreciated..7. Gaurav Kumar Bansal v. Union of India & Anr.[Item 20 in court 1 – Writ Petition. (C) 38/2016].Bench: Chief Justice TS Thakur, MY Eqbal, R Banumathi JJ..A petition concerning release of Indians abducted in Iraq. Check evening updates..Today in court: The Court today disposed the petition with a request to the Ministry of External Affairs to consider appointing a nodal officer so as to secure the release of the Indians who have been abducted.8. Independent Thought v. Union of India & Anr..[Item 1 in court 4 – Writ Petition (C) 382/2013].Bench: Dipak Misra, NV Ramana JJ..A petition filed by NGO, Independent Thought, seeking criminalisation of marital rape between the age of 15 and 18 years. The petitioner has assailed Exception 2 to Section 375 of the Indian Penal Code as violative of Articles 14, 15 and 21 of the Constitution. The impugned provision states that sexual intercourse or sexual acts by a man with his own wife, will not be recognised as rape if the wife is above 15 years of age..Today in court: This case was adjourned..9. Swaraj Abhiyan v. Union of India and Ors..[Item 45 in court 8 – Writ Petition (Civil) 857/2015].Bench: Madan B Lokur, RK Agarwal JJ..A petition filed by Swaraj Abhiyan seeking among other things, a direction to provide free food-grains guaranteed under National Food Security Act to people living in drought-affected states..The Court had sought a response from the Central government on the implementation of Food Security Act and MNREGA in the drought affected areas. The Court also asked the drought hit States to provide information on the implementation of welfare schemes. When the matter was last heard, the Court had pulled up the Gujarat government for failing to implement the National Food Security Act..The Court also asked the Central government what it was doing about this. The Court has now asked the Centre to respond about the parameters followed by 3 States – Gujarat, Bihar and Chattisgarh in deciding whether they are drought-hit or not..10. Anita Kushwaha v. Pushap Sudan.[Item 501 in court 1 – TP(C) No. 1343/2008].Bench: Chief Justice TS Thakur, FMI Kalifulla, AK Sikri, SA Bobde, R Banumathi JJ. .Case pertaining to transfer of cases from Jammu & Kashmir to other States. The court is seized of a number of questions including which law will be applicable if a case is transferred out of J & K..Today in court: Hearing is progressing in this matter and will resume on Monday at 2 pm..11. Suma Sebastian (Advocate) v. U.O.I & Ors.[Item 47 in court 5 – Writ Petition. (C) 769/2013].Bench: Chelameswar J., Abhay Manohar Sapre J..This is a petition concerning the detention of under-trials. The petitioner has made a number of prayers including release on bail of under trials incarcerated for petty offences and non-heinous crimes, under-trials who have completed a quarter of the maximum possible sentence, and under-trials who are disabled, sick, Dalits, tribals, women with children and first time offenders..Today in court: This case could not be tracked. Any update/ information would be appreciated..Delhi High Court.1. Campaign for People Participation in Development Planning Vs Union of India & Anr..[Item 9, Court 1- W.P.(C) 1169/2016].Bench- Chief Justice G Rohini, Jayant Nath J..A fresh petition. Check evening updates..Today in Court- This was a petition challenging the Odd-Even Rule of the Delhi Government and termed the Scheme as ‘misdirected’. The plea further stated that the rise in vehicle generated air pollution was due to non-implementation and non-enforcement of the Motor Vehicles Act 1988, which contains ample provisions for penalizing anyone driving a polluting vehicle. The petition has impleaded the Central Govt and the Delhi Government..The Bench today sought the response of the MHA and the Delhi Govt over the issue and posted the case to March 30..2. M/S Bharti Airtel Ltd. & Anr. Vs Telecom Regulatory Authority of India Through its Secretary.[Item 13, Court 1- W.P.(C) 1187/2016].Bench- Chief Justice G Rohini, Jayant Nath J..A fresh petition. Check evening updates..Today in Court- This was a petition filed by Bharti Airtel challenging TRAI’s Interconnect Usage Charges Regulations fixing termination charges for landline to wireless as zero paise and wireless to wireless at 14 paise per minute. Vodafone had filed a petition earlier challenging the same regulation, that had come before the same Bench..In today’s hearing, the Bench issued notice to TRAI and sought the regulator’s response before tagging the matter with the Vodafone case hearing on March 1..3. Delhi State & District Consumer Courts Practitioner’s Welfare Association (Regd) Vs Hon’ble Lt. Governor of NCT Delhi & Ors..[Item 4, Court 1- W.P.(C) 9458/2015].Bench- Chief Justice G Rohini, Jayant Nath J..A petition filed by the Association alleging corrupt practices being adopted by the members of the District Consumer Disputes Redressal Forums of Delhi. The Petitioner had made certain representations to the Director of Consumer Affairs, GNCTD on the basis of which the Director had sought remarks from the State Consumer Disputes Redressal Commission. The Commission had submitted its report of November 2015 to the Court..Today in Court: The Bench directed the Petitioner to file additional documents in the case and adjourned the matter to March 16..4. Corruption Removal Society (Regd.) Vs Union of India & Ors..[Item 5, Court 1- W.P.(C) 10486/2015].Bench- Chief Justice G Rohini, Jayant Nath J..Check evening updates..Today in Court- This petition challenging illegal constructions, saw the Bench taking into account the report of the South Delhi Municipal Commission and placing it on record. The case will now be heard on March 16..Bombay High Court.1. Vanashakti Public Trust & 5 ors. v. Union of India & 9 ors..[Item 911 Court 43 – NMWST(O)/740/2015].Bench: V.M. Kanade, Revati Mohite Dere JJ..A notice for motion hearing in PIL 87 of 2013. The petitioners have contended that massive reclamation of wetland, illegal dumping and construction has taken place in the following areas – Mumbai Dahisar link road, Ghodbundar road and Vikhroli-Mulund road..In the previous hearing the state had contended that the reclamation was legal since since the said areas were identified as paddy fields not wetlands. The petitioner’s lawyer, Zaman Ali submitted that the land was identified as a wetland in the central government atlas but not in the state’s. He also stated that the Central wetland regulatory authority can assist the court in identifying whether it is a wetland or paddy field..The state is supposed to file a reply today regarding the suggestions made..Today in court: The matter could not be tracked..2. Society for fast justice & 6 Ors. v. Brihanmumbai Municipal Corporation & 6 Ors..[Item 8 Court 13 – CONPW(O)/82/2010].Bench: A.S. Oka, C.V. Bhadang JJ..A contempt hearing in PIL 37 of 2010. The PIL highlights the incidence of illegal hoardings across the state specially by political parties. Several municipal commissioners across the state were issued notices for non-compliance of previous orders. In the previous hearing, the bench observed that a few municipal corporations had acted on these illegal hoardings but some were yet to comply. The affidavit of compliance is expected to be filed today, it will be studied minutely. All the previous orders of the division bench must be complied with including order dated 26 November 2015..Today in court: The municipal corporations of Sholapur, Pune ,Navi Mumbai, Ahmednagar and Sangli filed their replies today. The other five corporations failed to file a reply..The bench said it would consider issuing contempt after looking at the replies filed. Apart from the order dated January 21 which directed civic bodies to remove all illegal hoardings before Republic Day, compliance of previous orders would also be scrutinised..The next hearing is on February 18 when the court will hear contempt notices for the five municipal corporations..3. Vanashakti, A Public Trust v. Union of India & 4 Ors..[Item 5 Court 43 – PIL(O)/20/2013].Bench: V.M. Kanade, Revati Mohite Dere JJ..This PIL raise concerns on the impact of dumping sites such as Kanjurmarg on the environment. The state environmental impact assessment authority has been conducting meetings on this issue. Today the state will file a reply on the action taken so far and on the suggestions made by petitioners..Today in court: AGP Geeta Shastri said that a comprehensive report on impact assessment will be submitted and asked for further extension. The matter was adjourned to March 1..4. Aam Admi Party & Ors. v. MHADA & Ors..[Item 8 Court 43 – PIL(O)/20/2014].Bench: V.M. Kanade, Revati Mohite Dere JJ..Today in court: The petition was disposed. Although no further information could be gathered, we would appreciate inputs.
A summary of important cases from the causelists of the Supreme Court of India, the Bombay High Court, and the Delhi High Court. .Supreme Court of India.1. Sonia Gandhi v. Dr. Subramaniam Swamy and Anr..[Item 53 in court 3 – SLP(Crl) 1024/2016].Bench: Jagdish Singh Khehar, C. Nagappan.Petitions filed by Congress president Sonia Gandhi and party vice-president Rahul Gandhi against the Delhi High Court order in National Herald case whereby it had refused to interfere with the trial in the Patiala House court. Lawyer Kapil Sibal had mentioned the matter yesterday and urged the Supreme Court to hear the case on its scheduled date, i.e. today despite respondent Subramanian Swamy, who is appearing on caveat, informing the court that he is unavailable for proceedings till February 19..Today in court: The Court refused to interfere with the trial but expunged certain parts of the order of the High Court. It also dispensed with the personal appearance of Rahul and Sonia in the trial court. Read the full story here..2. Indian Young Lawyers Association & Ors. v. State Of Kerala & Ors..[Item 303 in court 4 at 2 pm – Writ Petition (Civil) 373/2006].Bench: Dipak Misra, Pinaki Ghose, NV Ramana JJ..Case pertaining to the entry of women in the Sabarimala temple. The State government has filed its response, changing its stand and saying that women cannot be permitted in the temple since the practice flows from the temple deity’s celibacy vows..The affidavit states that the practice is “an essential and integral part of the right of practice of religion of a devotee and comes under the protective guarantee of the Constitution under Articles 25 and 26 which have been held to contain guarantee for rituals, observances, ceremonies and modes of worship which are an integral part of religion.”.Today in court: The Travancore Devaswom Board today sought time to collect further materials relating to the customs and practices associated with the Sabarimala temple. The court allowed the same. The court also appointed Senior Advocates Raju Ramachandran and K Ramamurthy as Amicus Curiae. The case will now be taken up on April 11. Read the full story here..3. MC Mehta v. Union of India & Ors..[Item 27 in court 1– IA 363 & 364 in IA 344 in Writ Petition (Civil) 13029/1985].Bench: Chief Justice TS Thakur, AK Sikri, R Banumathi JJ..Petitions relating to pollution in Delhi. Check evening updates..Today in court: This case could not be tracked. Any update/ information would be appreciated..4. Extra Judl. Exec. Victim Families Assn. & Anr v. Union of India & Anr.[Item 301 in court 8 – Writ Petition (Crl) 129/2012].Bench: Madan B Lokur, UU Lalit JJ..Case pertaining to extra judicial killings in Manipur. Read more about the case here..Today in court: This case could not be tracked. Any update/ information would be appreciated..5. Sri Subrata Roy v. Union of India & Ors.[Item 8 in court 1 – Writ Petition (Civil) 67/2016].Bench: Chief Justice TS Thakur, MY Eqbal, R Banumathi JJ..A fresh public interest litigation. Check evening updates to know more about this case..Today in court: This petition was withdrawn..6. Pranab Kumar Mazumdar and Ors. v. Union of India and Anr.[Item 9 in court 1 – Writ Petition (Civil) 68/2016].Bench: Chief Justice TS Thakur, MY Eqbal, R Banumathi JJ..A fresh public interest litigation. Check evening updates to know more about this case..Today in court: This case could not be tracked. Any update/ information would be appreciated..7. Gaurav Kumar Bansal v. Union of India & Anr.[Item 20 in court 1 – Writ Petition. (C) 38/2016].Bench: Chief Justice TS Thakur, MY Eqbal, R Banumathi JJ..A petition concerning release of Indians abducted in Iraq. Check evening updates..Today in court: The Court today disposed the petition with a request to the Ministry of External Affairs to consider appointing a nodal officer so as to secure the release of the Indians who have been abducted.8. Independent Thought v. Union of India & Anr..[Item 1 in court 4 – Writ Petition (C) 382/2013].Bench: Dipak Misra, NV Ramana JJ..A petition filed by NGO, Independent Thought, seeking criminalisation of marital rape between the age of 15 and 18 years. The petitioner has assailed Exception 2 to Section 375 of the Indian Penal Code as violative of Articles 14, 15 and 21 of the Constitution. The impugned provision states that sexual intercourse or sexual acts by a man with his own wife, will not be recognised as rape if the wife is above 15 years of age..Today in court: This case was adjourned..9. Swaraj Abhiyan v. Union of India and Ors..[Item 45 in court 8 – Writ Petition (Civil) 857/2015].Bench: Madan B Lokur, RK Agarwal JJ..A petition filed by Swaraj Abhiyan seeking among other things, a direction to provide free food-grains guaranteed under National Food Security Act to people living in drought-affected states..The Court had sought a response from the Central government on the implementation of Food Security Act and MNREGA in the drought affected areas. The Court also asked the drought hit States to provide information on the implementation of welfare schemes. When the matter was last heard, the Court had pulled up the Gujarat government for failing to implement the National Food Security Act..The Court also asked the Central government what it was doing about this. The Court has now asked the Centre to respond about the parameters followed by 3 States – Gujarat, Bihar and Chattisgarh in deciding whether they are drought-hit or not..10. Anita Kushwaha v. Pushap Sudan.[Item 501 in court 1 – TP(C) No. 1343/2008].Bench: Chief Justice TS Thakur, FMI Kalifulla, AK Sikri, SA Bobde, R Banumathi JJ. .Case pertaining to transfer of cases from Jammu & Kashmir to other States. The court is seized of a number of questions including which law will be applicable if a case is transferred out of J & K..Today in court: Hearing is progressing in this matter and will resume on Monday at 2 pm..11. Suma Sebastian (Advocate) v. U.O.I & Ors.[Item 47 in court 5 – Writ Petition. (C) 769/2013].Bench: Chelameswar J., Abhay Manohar Sapre J..This is a petition concerning the detention of under-trials. The petitioner has made a number of prayers including release on bail of under trials incarcerated for petty offences and non-heinous crimes, under-trials who have completed a quarter of the maximum possible sentence, and under-trials who are disabled, sick, Dalits, tribals, women with children and first time offenders..Today in court: This case could not be tracked. Any update/ information would be appreciated..Delhi High Court.1. Campaign for People Participation in Development Planning Vs Union of India & Anr..[Item 9, Court 1- W.P.(C) 1169/2016].Bench- Chief Justice G Rohini, Jayant Nath J..A fresh petition. Check evening updates..Today in Court- This was a petition challenging the Odd-Even Rule of the Delhi Government and termed the Scheme as ‘misdirected’. The plea further stated that the rise in vehicle generated air pollution was due to non-implementation and non-enforcement of the Motor Vehicles Act 1988, which contains ample provisions for penalizing anyone driving a polluting vehicle. The petition has impleaded the Central Govt and the Delhi Government..The Bench today sought the response of the MHA and the Delhi Govt over the issue and posted the case to March 30..2. M/S Bharti Airtel Ltd. & Anr. Vs Telecom Regulatory Authority of India Through its Secretary.[Item 13, Court 1- W.P.(C) 1187/2016].Bench- Chief Justice G Rohini, Jayant Nath J..A fresh petition. Check evening updates..Today in Court- This was a petition filed by Bharti Airtel challenging TRAI’s Interconnect Usage Charges Regulations fixing termination charges for landline to wireless as zero paise and wireless to wireless at 14 paise per minute. Vodafone had filed a petition earlier challenging the same regulation, that had come before the same Bench..In today’s hearing, the Bench issued notice to TRAI and sought the regulator’s response before tagging the matter with the Vodafone case hearing on March 1..3. Delhi State & District Consumer Courts Practitioner’s Welfare Association (Regd) Vs Hon’ble Lt. Governor of NCT Delhi & Ors..[Item 4, Court 1- W.P.(C) 9458/2015].Bench- Chief Justice G Rohini, Jayant Nath J..A petition filed by the Association alleging corrupt practices being adopted by the members of the District Consumer Disputes Redressal Forums of Delhi. The Petitioner had made certain representations to the Director of Consumer Affairs, GNCTD on the basis of which the Director had sought remarks from the State Consumer Disputes Redressal Commission. The Commission had submitted its report of November 2015 to the Court..Today in Court: The Bench directed the Petitioner to file additional documents in the case and adjourned the matter to March 16..4. Corruption Removal Society (Regd.) Vs Union of India & Ors..[Item 5, Court 1- W.P.(C) 10486/2015].Bench- Chief Justice G Rohini, Jayant Nath J..Check evening updates..Today in Court- This petition challenging illegal constructions, saw the Bench taking into account the report of the South Delhi Municipal Commission and placing it on record. The case will now be heard on March 16..Bombay High Court.1. Vanashakti Public Trust & 5 ors. v. Union of India & 9 ors..[Item 911 Court 43 – NMWST(O)/740/2015].Bench: V.M. Kanade, Revati Mohite Dere JJ..A notice for motion hearing in PIL 87 of 2013. The petitioners have contended that massive reclamation of wetland, illegal dumping and construction has taken place in the following areas – Mumbai Dahisar link road, Ghodbundar road and Vikhroli-Mulund road..In the previous hearing the state had contended that the reclamation was legal since since the said areas were identified as paddy fields not wetlands. The petitioner’s lawyer, Zaman Ali submitted that the land was identified as a wetland in the central government atlas but not in the state’s. He also stated that the Central wetland regulatory authority can assist the court in identifying whether it is a wetland or paddy field..The state is supposed to file a reply today regarding the suggestions made..Today in court: The matter could not be tracked..2. Society for fast justice & 6 Ors. v. Brihanmumbai Municipal Corporation & 6 Ors..[Item 8 Court 13 – CONPW(O)/82/2010].Bench: A.S. Oka, C.V. Bhadang JJ..A contempt hearing in PIL 37 of 2010. The PIL highlights the incidence of illegal hoardings across the state specially by political parties. Several municipal commissioners across the state were issued notices for non-compliance of previous orders. In the previous hearing, the bench observed that a few municipal corporations had acted on these illegal hoardings but some were yet to comply. The affidavit of compliance is expected to be filed today, it will be studied minutely. All the previous orders of the division bench must be complied with including order dated 26 November 2015..Today in court: The municipal corporations of Sholapur, Pune ,Navi Mumbai, Ahmednagar and Sangli filed their replies today. The other five corporations failed to file a reply..The bench said it would consider issuing contempt after looking at the replies filed. Apart from the order dated January 21 which directed civic bodies to remove all illegal hoardings before Republic Day, compliance of previous orders would also be scrutinised..The next hearing is on February 18 when the court will hear contempt notices for the five municipal corporations..3. Vanashakti, A Public Trust v. Union of India & 4 Ors..[Item 5 Court 43 – PIL(O)/20/2013].Bench: V.M. Kanade, Revati Mohite Dere JJ..This PIL raise concerns on the impact of dumping sites such as Kanjurmarg on the environment. The state environmental impact assessment authority has been conducting meetings on this issue. Today the state will file a reply on the action taken so far and on the suggestions made by petitioners..Today in court: AGP Geeta Shastri said that a comprehensive report on impact assessment will be submitted and asked for further extension. The matter was adjourned to March 1..4. Aam Admi Party & Ors. v. MHADA & Ors..[Item 8 Court 43 – PIL(O)/20/2014].Bench: V.M. Kanade, Revati Mohite Dere JJ..Today in court: The petition was disposed. Although no further information could be gathered, we would appreciate inputs.
