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.Mentioning.The Italian Marines case was mentioned today by Senior Advocate Soli Sorabjee who appeared for the marines. Sorabjee submitted that the date for arbitration has been fixed and the next hearing in the Supreme Court should be held before that. The next hearing in the case is fixed for April 13 while the Marines want the same to be advanced. Sorabjee’s argument was that the decision of the Supreme Court with regard to one of the Marines, who is currently in Italy, should be known before the arbitration begins so that they can ask for appropriate relief before the arbitral tribunal..The Bench, presided by Justice Anil R Dave, said that it would consider the request..1. State of Kerala v. Wilfred J and Ors..[Item 3 in court 1 – IA 6-7 in CA 8550-8551/2014].Bench: Chief Justice TS Thakur, AK Sikri, R Banumathi JJ..A batch of matters pertaining to the construction of Vizhinjam port in Kerala and the environmental impact surrounding the same. While some of the fishermen have challenged the Environmental clearance given to the project, the State government and the Port developers have moved the Supreme Court against the NGT order transferring the case to principle Bench from Southern Bench..The Court had declined interim relief to the petitioners, while posting all related cases, (including appeals by the State government and the Port) for hearing. Advocates Raj Panjwani made his submissions yesterday..Today in court: The Court today vacated the stay imposed on the proceedings in the National Green Tribunal (NGT). The NGT will now decide the challenge to the construction of the port on merits. The court has directed the NGT to hear and dispose the case within 6 weeks; the NGT’s decision will not prejudice the rights of the parties to raise the issues of law already raised in their petitions in Supreme Court. The petitions in the Supreme Court have been kept in abeyance pending the decision of the NGT..2. Nabam Rebia v. Registrar General, Gauhati High Court and Ors..[Item 501 in court 3 – SLP(C) 876/2016].Bench: Jagdish Singh Khehar, Dipak Misra, Madan B Lokur, PC Ghose, NV Ramana JJ..This case pertains to the removal of Arunachal Pradesh Speaker Nabam Rebia and is an appeal against the decision of the Gauhati High Court..Recently, the Union Cabinet recommended imposition of President’s Rule in the State which has been challenged by the ruling party. When the matter was heard yesterday, the court had recalled the notice issued to the Governor of the State after accepting the submission of the Attorney General that there is a complete immunity to the Governor under Article 361 of the Constitution of India, and that, even notice cannot be issued to the Governor..The Court had then directed that copies of all official files and documents which were seized from the office of the former Chief Minister, Ministers and Parliamentary Secretaries be furnished to them. The Court had also directed that all private books, letter and files which were seized, be returned to the Chief Minister and former Ministers..Today in court: Senior Advocate Vikas Singh made his submissions today. The hearing will resume tomorrow..3. Hardik Bharatbhai Patel v. State of Gujarat and Anr.[Item 1 in court 3 – SLP (CRL) NO. 9429/2015].Bench: Jagdish Singh Khehar, Madan B Lokur, PC Ghose JJ..A petition by Hardik Patel seeking the quashing of the sedition case lodged against him by the Surat police. On 27th October, the Gujarat High Court had rejected his plea following which Patel had appealed to the Supreme Court. When the matter was last heard, Court had asked Gujarat government to provide an English translation of the chargesheet to Hardik Patel by January 27..Today in court: This Bench did not sit today..4. Supreme Court Employees Welfare Association v. Union of India and Ors..[Item 120 in court 2 – Writ Petition(C) 192/2015].Bench: Anil R Dave, Shiva Kirti Singh, AK Goel JJ. .A matter pertaining to the pay scale of Supreme Court employees. Check evening updates..Today in court: This case was not taken up..5. State of Maharashtra v. Adarsh Chowpatty Pragati Mandal And Ors..[Item 1 in court 9 – SLP(C) 3207/2016].Bench: MY Eqbal, Arun Mishra JJ..This is an appeal filed by the State of Maharashtra challenging an order of the Bombay High Court by which it had denied the State government the permission to hold an event connected with Make in India week at Girgaum chowpatty. Prime Ministers of six foreign countries are slated to attend the event..Today in court: The Court stayed the Bombay High Court’s order and issued notice in the case. Attorney General Mukul Rohatgi appeared for Maharashtra..Delhi High Court.1. Youth Bar Association of India (Regd.) Vs NCT of Delhi & Ors..[Court 1, Item 27- W.P.(C) 938/2016].Bench- Chief Justice G Rohini, Jayant Nath J..A fresh petition. Check evening updates..Today in Court- This was a petition challenging the strike by doctors and nurses over alleged non-payment of wages by the municipal corporations. The Bench issued notice to the Delhi Govt, Medical Council of India, Indian Medical Association, East and North Delhi Municipal Corporations as well as associations representing the doctors and nurses working there. The case will now be heard on February 10..2. Dr. Anbumani Ramadoss Vs CBI.[Court No 32, Item 39,40: Crl. M. C. 4442/2015].Bench- PS Teji J..Check evening updates..Today in Court- A petition challenging the order passed by a Special CBI Court which had directed framing of charges against former health minister Anbumani Ramadoss under various provisions of the IPC and Prevention of Corruption Act..The allegation against Ramadoss relates to grant of permission u/s 10A of the Indian Medical Council Act for the II year MBBScourse to the Index Medical College. The present petition stated that the impugned order of the Special CBI Court additionally framed substantive charges under IPC without informing nor giving any opportunity to Ramadoss to address those charges. Further, while the prosecution states that there was one conspiracy, the trial judge created a new case by stating that there were, indeed, two conspiracies..Today, the Bench agreed that such procedure ought not to have been adopted by the Special Judge and sought to remand the matter. But the matter has been adjourned to March 15 as the CBI’s revision petition against the same order is also listed on the same date..The Bench also directed that, in the meanwhile, no orders were to be passed by the Special Judge in the case..3. Association for Democratic Reforms & Anr. Vs Union of India.[Court 1, Item 1- W.P.(C) 9592/2015].Bench: Chief Justice G Rohini, Jayant Nath.A plea filed by advocate Prashant Bhushan for setting up of a tribunal for administering and monitoring the implementation of the Foreign Contribution Regulation Act , 2010 (FCRA). Bhushan’s petition asks for a specific tribunal to deal with all FCRA matters..On the last date of hearing, the Bench had directed the Union to file an affidavit explaining the manner in which FCRA matters are administered presently..Today in Court- The Bench granted some more time for filing of additional documents and replies. The matter has been adjourned to April 4..4. National Platform for the Rights of the Disabled (NPRD) v. Department of Empowerment of Persons with Disabilities.[Court 1, Item 11- W.P.(C) 9751/2015].Bench: Chief Justice G Rohini, Jayant Nath.Check evening updates..Today in Court- The Centre sought additional time to file their response. Accordingly the matter was adjourned to April 22..Bombay High Court.1. Zoru Darayus Bathena v. Tree Authority, Municipal Corporation of Greater Mumbai.[Item 906 Court 43 – PIL(O)/46/2015].Bench: V.M. Kanade, Revati Mohite Dere JJ..A petition in connection with 116 trees in a 2.5 km stretch near Santa Cruz that are dead. Counsel Kainaz Irani also submitted the photographs of these trees that were infected by mealy bugs..The civic body was directed to plant 3 new trees for every dead tree and also to file an additional affidavit detailing the steps taken. Read our previous report..Today in court: Kainaz Irani, Bathena’s lawyer filed an additional affidavit stating that the civic body had been cutting down trees on the Western Express Highway between Jogeshwari and Kandivali. The stretch has a 100 trees approximately..The Brihanmumbai Municipal corporation(BMC) lawyer submitted that the BMC was unaware of this incident and that they will look into it. Hence an injunction against cutting down trees in the Jogeshwari to Kandivali stretch was granted..The matter will now be heard on February 25..2. Dr.NoorJehan Safia Niaz & 1 Anr v. State of Maharashtra and Ors..[Item 908 Court 43 – PIL(O)/106/2014].Bench: V.M. Kanade, Revati Mohite Dere JJ..A PIL challenging the ban imposed on women from entering in the sanctum of the dargah by the Haji Ali Trust in 2011.The court had earlier said it would wait for the ruling by the Supreme court regarding entry of women in the Sabarimala Temple in Kerala..Today in court: Advocate General Shrihari Aney was asked to appear but was unable to do so as he was appearing for other matters in front of a separate bench..The next date of hearing is on February 9 which is a day after the Supreme court will hear the ban on entry of women in Sabarimala temple..3. Pandurang Patil v. Municipal Corporation of Greater Mumbai.[Item 1 Court 13 – PIL(civil)/217/2009].Bench: A.S. Oka, C.V. Bhadang JJ..A PIL against the illegal dumping of solid waste in areas like Deonar. Reiterating its stand on the last hearing, court asked the state to act on violations of the Municipal Solid Waste (management and handling) rules; if the government failed to do so, the court would take that it was party to illegal dumping..Today in court: The municipal corporation was directed to file a detailed affidavit regarding the fire in Deonar dumping ground..Advocate General Shrihari Aney said that the state has been taking steps on the issue of illegal dumping keeping ground realities in mind. He also said that vacating the plot in Taloja is only half of the problem, the encroachers have to be shifted to a piece of land adjacent to the proposed dumping site in Taloja which may be hazardous to their health..According to a Mid-Day report, around 300 local residents are being treated for respiratory illnesses throughout the year. The petitioner’s lawyer called for strict measures to be implemented at the dumping sites to prevent miscreants from causing more damage..S.U. Kamdar, the BMC’s lawyer said they were consistently monitoring the problem and were trying to resolve it at the earliest..The next hearing is on February 16..4. Hindustan Times v. Gov. of Maharashtra & ors..[Item 4 Court 54 – PIL(civil)/57/2011].Bench: Naresh H. Patil, G.S. Kulkarni JJ..A PIL with regard to the difficulties faced by those who use the city’s suburban trains. In its previous passed in December last year, the court had made a number of directions including the viability of installing CCTVs in all the suburban trains. (Read order).Today in court: The Central Railways had informed the court earlier that there are a total of 967 CCTV’s at all the stations. The petitioner’s lawyer submitted that these cameras have a resolution of 1.3 megapixel only..The Central Railways was directed to appoint an expert committee again after the railway authorities failed to do so inspite of a previous order..The Division Bench also asked CR’s counsel, Suresh Kumar, to take instructions as to whether installation of CCTV cameras inside the ladies compartment was possible. The bench expressed concern over the safety and security of commuters, citing a recent death of a 25-year old girl after falling off the train due to overcrowding..Installation of one-way speakers inside the women’s compartment was also suggested by Naresh Patil J..The next hearing is on February 18.
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.Mentioning.The Italian Marines case was mentioned today by Senior Advocate Soli Sorabjee who appeared for the marines. Sorabjee submitted that the date for arbitration has been fixed and the next hearing in the Supreme Court should be held before that. The next hearing in the case is fixed for April 13 while the Marines want the same to be advanced. Sorabjee’s argument was that the decision of the Supreme Court with regard to one of the Marines, who is currently in Italy, should be known before the arbitration begins so that they can ask for appropriate relief before the arbitral tribunal..The Bench, presided by Justice Anil R Dave, said that it would consider the request..1. State of Kerala v. Wilfred J and Ors..[Item 3 in court 1 – IA 6-7 in CA 8550-8551/2014].Bench: Chief Justice TS Thakur, AK Sikri, R Banumathi JJ..A batch of matters pertaining to the construction of Vizhinjam port in Kerala and the environmental impact surrounding the same. While some of the fishermen have challenged the Environmental clearance given to the project, the State government and the Port developers have moved the Supreme Court against the NGT order transferring the case to principle Bench from Southern Bench..The Court had declined interim relief to the petitioners, while posting all related cases, (including appeals by the State government and the Port) for hearing. Advocates Raj Panjwani made his submissions yesterday..Today in court: The Court today vacated the stay imposed on the proceedings in the National Green Tribunal (NGT). The NGT will now decide the challenge to the construction of the port on merits. The court has directed the NGT to hear and dispose the case within 6 weeks; the NGT’s decision will not prejudice the rights of the parties to raise the issues of law already raised in their petitions in Supreme Court. The petitions in the Supreme Court have been kept in abeyance pending the decision of the NGT..2. Nabam Rebia v. Registrar General, Gauhati High Court and Ors..[Item 501 in court 3 – SLP(C) 876/2016].Bench: Jagdish Singh Khehar, Dipak Misra, Madan B Lokur, PC Ghose, NV Ramana JJ..This case pertains to the removal of Arunachal Pradesh Speaker Nabam Rebia and is an appeal against the decision of the Gauhati High Court..Recently, the Union Cabinet recommended imposition of President’s Rule in the State which has been challenged by the ruling party. When the matter was heard yesterday, the court had recalled the notice issued to the Governor of the State after accepting the submission of the Attorney General that there is a complete immunity to the Governor under Article 361 of the Constitution of India, and that, even notice cannot be issued to the Governor..The Court had then directed that copies of all official files and documents which were seized from the office of the former Chief Minister, Ministers and Parliamentary Secretaries be furnished to them. The Court had also directed that all private books, letter and files which were seized, be returned to the Chief Minister and former Ministers..Today in court: Senior Advocate Vikas Singh made his submissions today. The hearing will resume tomorrow..3. Hardik Bharatbhai Patel v. State of Gujarat and Anr.[Item 1 in court 3 – SLP (CRL) NO. 9429/2015].Bench: Jagdish Singh Khehar, Madan B Lokur, PC Ghose JJ..A petition by Hardik Patel seeking the quashing of the sedition case lodged against him by the Surat police. On 27th October, the Gujarat High Court had rejected his plea following which Patel had appealed to the Supreme Court. When the matter was last heard, Court had asked Gujarat government to provide an English translation of the chargesheet to Hardik Patel by January 27..Today in court: This Bench did not sit today..4. Supreme Court Employees Welfare Association v. Union of India and Ors..[Item 120 in court 2 – Writ Petition(C) 192/2015].Bench: Anil R Dave, Shiva Kirti Singh, AK Goel JJ. .A matter pertaining to the pay scale of Supreme Court employees. Check evening updates..Today in court: This case was not taken up..5. State of Maharashtra v. Adarsh Chowpatty Pragati Mandal And Ors..[Item 1 in court 9 – SLP(C) 3207/2016].Bench: MY Eqbal, Arun Mishra JJ..This is an appeal filed by the State of Maharashtra challenging an order of the Bombay High Court by which it had denied the State government the permission to hold an event connected with Make in India week at Girgaum chowpatty. Prime Ministers of six foreign countries are slated to attend the event..Today in court: The Court stayed the Bombay High Court’s order and issued notice in the case. Attorney General Mukul Rohatgi appeared for Maharashtra..Delhi High Court.1. Youth Bar Association of India (Regd.) Vs NCT of Delhi & Ors..[Court 1, Item 27- W.P.(C) 938/2016].Bench- Chief Justice G Rohini, Jayant Nath J..A fresh petition. Check evening updates..Today in Court- This was a petition challenging the strike by doctors and nurses over alleged non-payment of wages by the municipal corporations. The Bench issued notice to the Delhi Govt, Medical Council of India, Indian Medical Association, East and North Delhi Municipal Corporations as well as associations representing the doctors and nurses working there. The case will now be heard on February 10..2. Dr. Anbumani Ramadoss Vs CBI.[Court No 32, Item 39,40: Crl. M. C. 4442/2015].Bench- PS Teji J..Check evening updates..Today in Court- A petition challenging the order passed by a Special CBI Court which had directed framing of charges against former health minister Anbumani Ramadoss under various provisions of the IPC and Prevention of Corruption Act..The allegation against Ramadoss relates to grant of permission u/s 10A of the Indian Medical Council Act for the II year MBBScourse to the Index Medical College. The present petition stated that the impugned order of the Special CBI Court additionally framed substantive charges under IPC without informing nor giving any opportunity to Ramadoss to address those charges. Further, while the prosecution states that there was one conspiracy, the trial judge created a new case by stating that there were, indeed, two conspiracies..Today, the Bench agreed that such procedure ought not to have been adopted by the Special Judge and sought to remand the matter. But the matter has been adjourned to March 15 as the CBI’s revision petition against the same order is also listed on the same date..The Bench also directed that, in the meanwhile, no orders were to be passed by the Special Judge in the case..3. Association for Democratic Reforms & Anr. Vs Union of India.[Court 1, Item 1- W.P.(C) 9592/2015].Bench: Chief Justice G Rohini, Jayant Nath.A plea filed by advocate Prashant Bhushan for setting up of a tribunal for administering and monitoring the implementation of the Foreign Contribution Regulation Act , 2010 (FCRA). Bhushan’s petition asks for a specific tribunal to deal with all FCRA matters..On the last date of hearing, the Bench had directed the Union to file an affidavit explaining the manner in which FCRA matters are administered presently..Today in Court- The Bench granted some more time for filing of additional documents and replies. The matter has been adjourned to April 4..4. National Platform for the Rights of the Disabled (NPRD) v. Department of Empowerment of Persons with Disabilities.[Court 1, Item 11- W.P.(C) 9751/2015].Bench: Chief Justice G Rohini, Jayant Nath.Check evening updates..Today in Court- The Centre sought additional time to file their response. Accordingly the matter was adjourned to April 22..Bombay High Court.1. Zoru Darayus Bathena v. Tree Authority, Municipal Corporation of Greater Mumbai.[Item 906 Court 43 – PIL(O)/46/2015].Bench: V.M. Kanade, Revati Mohite Dere JJ..A petition in connection with 116 trees in a 2.5 km stretch near Santa Cruz that are dead. Counsel Kainaz Irani also submitted the photographs of these trees that were infected by mealy bugs..The civic body was directed to plant 3 new trees for every dead tree and also to file an additional affidavit detailing the steps taken. Read our previous report..Today in court: Kainaz Irani, Bathena’s lawyer filed an additional affidavit stating that the civic body had been cutting down trees on the Western Express Highway between Jogeshwari and Kandivali. The stretch has a 100 trees approximately..The Brihanmumbai Municipal corporation(BMC) lawyer submitted that the BMC was unaware of this incident and that they will look into it. Hence an injunction against cutting down trees in the Jogeshwari to Kandivali stretch was granted..The matter will now be heard on February 25..2. Dr.NoorJehan Safia Niaz & 1 Anr v. State of Maharashtra and Ors..[Item 908 Court 43 – PIL(O)/106/2014].Bench: V.M. Kanade, Revati Mohite Dere JJ..A PIL challenging the ban imposed on women from entering in the sanctum of the dargah by the Haji Ali Trust in 2011.The court had earlier said it would wait for the ruling by the Supreme court regarding entry of women in the Sabarimala Temple in Kerala..Today in court: Advocate General Shrihari Aney was asked to appear but was unable to do so as he was appearing for other matters in front of a separate bench..The next date of hearing is on February 9 which is a day after the Supreme court will hear the ban on entry of women in Sabarimala temple..3. Pandurang Patil v. Municipal Corporation of Greater Mumbai.[Item 1 Court 13 – PIL(civil)/217/2009].Bench: A.S. Oka, C.V. Bhadang JJ..A PIL against the illegal dumping of solid waste in areas like Deonar. Reiterating its stand on the last hearing, court asked the state to act on violations of the Municipal Solid Waste (management and handling) rules; if the government failed to do so, the court would take that it was party to illegal dumping..Today in court: The municipal corporation was directed to file a detailed affidavit regarding the fire in Deonar dumping ground..Advocate General Shrihari Aney said that the state has been taking steps on the issue of illegal dumping keeping ground realities in mind. He also said that vacating the plot in Taloja is only half of the problem, the encroachers have to be shifted to a piece of land adjacent to the proposed dumping site in Taloja which may be hazardous to their health..According to a Mid-Day report, around 300 local residents are being treated for respiratory illnesses throughout the year. The petitioner’s lawyer called for strict measures to be implemented at the dumping sites to prevent miscreants from causing more damage..S.U. Kamdar, the BMC’s lawyer said they were consistently monitoring the problem and were trying to resolve it at the earliest..The next hearing is on February 16..4. Hindustan Times v. Gov. of Maharashtra & ors..[Item 4 Court 54 – PIL(civil)/57/2011].Bench: Naresh H. Patil, G.S. Kulkarni JJ..A PIL with regard to the difficulties faced by those who use the city’s suburban trains. In its previous passed in December last year, the court had made a number of directions including the viability of installing CCTVs in all the suburban trains. (Read order).Today in court: The Central Railways had informed the court earlier that there are a total of 967 CCTV’s at all the stations. The petitioner’s lawyer submitted that these cameras have a resolution of 1.3 megapixel only..The Central Railways was directed to appoint an expert committee again after the railway authorities failed to do so inspite of a previous order..The Division Bench also asked CR’s counsel, Suresh Kumar, to take instructions as to whether installation of CCTV cameras inside the ladies compartment was possible. The bench expressed concern over the safety and security of commuters, citing a recent death of a 25-year old girl after falling off the train due to overcrowding..Installation of one-way speakers inside the women’s compartment was also suggested by Naresh Patil J..The next hearing is on February 18.