The B&B Causelist #167: Polygamy and Triple Talaq, Porn-ban, BCI’s CoP rules, Children homes, FDC ban & more (Evening Updates)

A summary of important cases from the causelists of the Supreme Court of India, Delhi High Court and the Bombay High Court.We will also be tracking the the IP Firm Saikrishna & Associates in the Delhi High Court. .LIST OF CASES.Supreme Court of India.Shayara Bano v. Union of India And Ors.All India Human Rights & Social Justice Front v. Taslima Nasreen & Anr.Kamlesh Vaswani v. Union of India & Ors.Ajayinder Sangwan v. Bar Council of Delhi & Ors.Vishanta & Ors. v. Union Of India & Ors.Shiromani Gurudwara Prabhandhak Committe v. Neha Sharma & Ors.Lok Prahari Thru. Its General Secretary, S.N. Shukla v. Union Of India & Ors.Vishwanath Singh Yadav v. State Of Uttarakhand and Ors.Asha Joshi v. High Court Of Madhya Pradesh and Ors.Virendra Soniya v. High Court Of Madhya Pradesh and Ors.Abdul Gani Bhat v. Chief Justice of J & K High Ct. & AnrSuraz India Trust v. Union of IndiaDelhi And Distt. Cricket Association v. Municipal Corporation Of Delhi And Ors..Bombay High Court.Homeless Collective v. Municipal Corporation of Greater MumbaiJanhit Manch v. State of Maharashtra & Anr.The High Court on its own motion v. State of MaharashtraDistillers Association of Maharashtra v. State of Maharashtra & 5 Ors.Jayashree Ramakant Khadilkar-Pande v. Union of India & Ors.Delhi High Court.Pfizer Ltd & Anr Vs Union of India & Anr and Laborate Pharmaceuticals India Ltd Vs Drugs Controller General of India & Anr. [Batch matters]Government of National Capital Territory of Delhi Vs Union of India, Rajendra Prashad Vs Govt of NCT of Delhi, MA Usmani Vs Union of India & Ors, Naresh Kumar Vs Govt of NCT of Delhi & Ors.M/S Loknath Prasad Gupta & Anr Vs and SK Tobacco Industries Vs Commissioner (Food Safety), Govt of NCT of DelhiSubramanian Swamy Vs Raju Through Juvenile Justice Board & Ors..IPR Cases [Saikrishna & Associates].Jyoti Swaroop Arora Vs The Competition Commission of India & Ors.Zostel Hospitality Pvt Ltd Vs Oravel Stays Pvt Ltd & Ors.Fox Star Studios India Pvt Ltd & Anr Vs Speed Play & Ors..SUMMARY OF CASES.Supreme Court of India.1. Shayara Bano v. Union of India And Ors..[Item 8 in court 1 – Writ Petition (Civil) 118/2016].Bench: Chief Justice TS Thakur, UU Lalit J..Petition challenging Muslim personal law practices of polygamy, triple talaq and nikah halala. The Court had issued notice in the case on February 29. Read more about the case here..Today in court: This case was adjourned after affording the respondents 6 weeks time to file their response. The Court also directed the Centre to place on record, a report submitted by a High Level Committee set up by the UPA government. The report titled “Women and the law: An assessment of family laws with focus on laws relating to marriage, divorce, custody, inheritance and succession” was submitted last year..2. All India Human Rights & Social Justice Front v. Taslima Nasreen & Anr..[Item 17 in court 1 – SLP(Civil) ……/2016].Bench: Chief Justice TS Thakur, UU Lalit J..Plea for cancellation of Bangladeshi author Taslima Nasreen’s visa. The Delhi High Court had refused to entertain the same..Today in court: This case was dismissed..3. Kamlesh Vaswani v. Union of India & Ors..[Item 1 in court 4 – Writ Petition (Civil) 177/2013].Bench: Dipak Misra, Shiva Kirti Singh JJ..The petition seeking a ban on online pornography. When the matter was last heard, the Court had allowed the intervention application filed by Supreme Court Women Lawyers Association. ASG Pinky Anand, had submitted that the exercise of banning child pornography has commenced and the Central government shall come up with a scheme so that appropriate directions can be issued in this regard..The court had asked the Centre to file an affidavit so that activities like forcing children to watch pornography etc. can be curbed..Today in court: This matter was adjourned for two weeks to enable the Central government to file its affidavit relating to blocking child pornographic sites..4. Ajayinder Sangwan v. Bar Council of Delhi & Ors..[Item 4 in court 10 – IA 1/2015 in TC(C) 126/2015].Bench: PC Ghose, Amitava Roy JJ. .The case pertaining to the challenge to the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015. The Rules mandate that all advocates whose names appear on the State Rolls maintained by the state bar councils to get their certificate of practice verified within six months from the date of notification of the Rules..When the matter was heard in November 2015, the Court had refused to stay the operation of the Rules. Read more here..Today in court: The Court today issued notice in a petition filed by advocate KR Chitra alleging misappropriation of funds by Delhi Bar Council. Read the full report here..5. Vishanta & Ors. v. Union Of India & Ors..[Item 52 in court 8 – Writ Petition (Crl.) 113/2015].Bench: Madan B Lokur, R Banumathi JJ..Case relating to abduction of three minors from Jharkhand. The minors were later found in Gurgaon whereupon the court had taken note of the fact that the State of Haryana has not filled up vacancies in Child Welfare Committee as required by the Juvenile Justice Act. When the matter was last heard, Haryana had submitted that it will take steps to ensure that all the vacancies in the Child Welfare Committee would be filled..Today in court: This case could not be tracked. Any update/ information would be appreciated..6. Shiromani Gurudwara Prabhandhak Committe v. Neha Sharma & Ors..[Item 502 in court 1 – SLP(C) 5577/2008].Bench: Chief Justice TS Thakur, FML Kalifulla, SA Bobde, R Banumathi, UU Lalit JJ..This Bench will examine the correctness of an earlier decision of the Supreme Court which had turned down a plea for a direction to be issued to the Central government to notify ‘Sikhs’ as a ‘minority’ community under section 2(c) of the National Commission for Minorities Act, 1992..Today in court: This case was not taken up today..7. Lok Prahari Thru. Its General Secretary, S.N. Shukla v. Union Of India & Ors.[Item 11 in court 1 – Writ Petition (Civil) 143/2016].Bench: Chief Justice TS Thakur, UU Lalit J..A fresh public interest litigation petition. Check evening updates..Today in court: The petitioner was not present for hearing today. The case will now be taken up on March 11..8. Vishwanath Singh Yadav v. State Of Uttarakhand and Ors..[Item 12 in court 1 – Writ Petition (Civil) 159/2016].Bench: Chief Justice TS Thakur, UU Lalit J..A fresh public interest litigation petition. Check evening updates..Today in court: This case could not be tracked. Any update/ information would be appreciated..9. Asha Joshi v. High Court Of Madhya Pradesh and Ors..[Item 14 in court 1 – SLP(Civil) ……/2016].Bench: Chief Justice TS Thakur, UU Lalit J..A fresh petition. Check evening updates..Today in court: This case could not be tracked. Any update/ information would be appreciated..10. Virendra Soniya v. High Court Of Madhya Pradesh and Ors..[Item 18 in court 1 – SLP(Civil) ……/2016].Bench: Chief Justice TS Thakur, UU Lalit J..A fresh petition. Check evening updates..Today in court: This case could not be tracked. Any update/ information would be appreciated..11. Abdul Gani Bhat v. Chief Justice of J & K High Ct. & Anr.[Item 3 in court 3 – Crl. MP 10870 & 19760/2015 in Writ Petition (Crl.) D 32576/2013].Bench: JS Khehar, C Nagappan JJ..Check evening updates..Today in court: The petitioner was not present for hearing. The Court, therefore, adjourned the matter sine die while also directing that matter will be taken up only after the petitioner appears in person and mentions it before the Chief Justice of India..12. Suraz India Trust v. Union of India.[Item 301 in court 3 at 2 pm – IA 5-6 in Writ Petition (Civil) 209/2015].Bench: JS Khehar, Madan B Lokur, C Nagappan JJ..Check evening updates to know more about this case..Today in court: This case was adjourned for July..13. Delhi And Distt. Cricket Association v. Municipal Corporation Of Delhi And Ors..Item 51 in court 3 – SLP(C) No. 7993-7994/2016].Bench: JS Khehar, C Nagappan JJ..Check evening updates to know more..Today in court: This is petition filed by Delhi And Distt. Cricket Association (DDCA) against a Delhi High Court order dismissing its application seeking restoration of a plea for a No Objection Certificate (NOC) from South Delhi Municipal Corporation (SDMC) for the Ferozshah Kotla stadium which was denied Archaeological Survey of India’s clearance. The Delhi High Court by its March 3 order had dismissed DDCA’s application to restore its 1997 petition seeking the said NOC..The Court today directed the DDCA to furnish the receipts of payments made to SDMC to obtain the NOC. The case will now be taken up on April 1. Senior Advocate L Nageswara Rao appeared for DDCA..Bombay High Court.1. Homeless Collective v. Municipal Corporation of Greater Mumbai.[Item 3 Court 43 – PIL/54/2013].Bench: V.M Kanade, M.S Karnik JJ..This PIL highlights the plight of the homeless in the city. Quoting the NULM (National Urban Livelihood Mission) it states that for every one lakh people in the city there should be one night shelter, which would mean a total of 287 shelters for the city ideally. The petitioner was represented by Mani Prakash, with senior counsel SU Kamdar appearing for the BMC.On 23 February 2016, the Mumbai Municipal Corporation had stated in its affidavit that there are a total of 48 reserved plots for homeless/night shelters in the new draft developement plan, out of which 27 are in existence today and only two vest with the civic body. Today an additional affidavit detailing the progress thus far will be filed..Today in court: Kanade J asked the petitioners to confirm the appropriate bench for this matter in light of the recent modifications to the judicial assignment..2. Janhit Manch v. State of Maharashtra & Anr..[Item 25 Court 13- PIL(OS)/46/2014].Bench: AS Oka, PD Naik JJ.The division bench headed by V.M Kanade J had recused itself in the matter in the previous hearing. Check evening updates..Today in court: The advocate on record was not present hence the matter was adjourned by two weeks. .3. The High Court on its own motion v. State of Maharashtra.[Item 26 Court 13- PIL(OS)/115/2014].Bench: AS Oka, PD Naik JJ.A suo motu PIL concerned with the conditions in the children’s home and observation home in Umrakhadi, Dongri. On 25 January this year, government pleader Poornima Kantharia had submitted a compliance report detailing the improvements made in the living conditions for the children. Senior counsel Rajiv Patil is amicus in the case. A judicial member from the JJB has been asked to visit these homes and submit a report on the same today..Today in court: A report regarding the state of affairs in the children’s home as well as the observation home in Umrakhadi was submitted. The report raises concerns about the maintainence of these homes, it states that the observation home needs to be painted and the toilets are still unclean. .Oka J said that the only way to ensure cleanliness is to appoint an NGO that can conduct unannounced checks at these places at regular intervals. Amicus Rajiv Patil was not present. The bench will appoint an NGO in the next hearing..State has been directed to decide on the three different estimates provided by the concerned PWD engineer regarding the new building that is to be constructed. This matter will now be heard on April 18..4. Distillers Association of Maharashtra and 3 Ors. v. State of Maharashtra and 5 Ors..[Item 35 Court 52- WP(OS)/557/2016].Bench: CJ D.H Waghela and M.S. Sonak J.The petitioners seek an interim stay on a government resolution prohibiting sale of Indian Made Foreign Liquor (IMFL) and domestic liquor in plastic pouches and polyethylene terephthalate (PET) bottles. The GR makes the use of glass bottles mandatory. For more details read our previous report. .Today in court: Senior counsel Janak Dwarkadas appearing for the distillers said that the GR in question is ultra vires to the Food Safety & Standards Act 2006, which is a Central Act, since his client is fully in compliance with the packaging rules prescribed under it. He also submitted that alcohol comes under the definition of ‘food’ in the Act. He further submitted that the state does not have the power to legislate in this regard..CJ Waghela then suggested a mechanism wherein the interested parties can work along with the state urban developement department in collection of these PET bottles and recycle them..Senior counsel Aspi Chinoy, appearing for the Confederation of Alcoholic Beverages Associations said that the GR also disallows use of old bottles for IMFL which is impractical and will lead to a huge amount of wastage..The hearing will resume tomorrow at 3 pm..5. Jayashree Ramakant Khadilkar-Pande v. Union of India & Ors.[Item 29 Court 13, PIL(OS) 26/2015].Bench: A.S. Oka and Prakash Deu Naik JJ.A PIL challenging loan recoveries initiated by various banks after lending money to farmers for emu farms. Senior counsel Mihir Desai had appeared from the petitioner, arguing that initially the Central government had painted “a rosy picture” when it came to the financial rewards of emu farming. However this did not turn out to be true..The High Court, in 2015, had not stayed the recovery proceedings but had directed that no possession of mortgaged properties would be taken..Today in court: The interim stay on attachment of mortgaged properties will continue. Senior counsel Mihir Desai informed the court that the High court of Telangana and Andhra Pradesh in the same matter had given the centre time to take a decision regarding loan waiver to these farmers till January 31, 2016 which they have not.The union has been directed to file its reply in the next hearing..Delhi High Court.1. Pfizer Ltd & Anr Vs Union of India & Anr and Laborate Pharmaceuticals India Ltd Vs Drugs Controller General of India & Anr. [Batch matters].[Items 29-145, 153-157, 159-184 & 185-193, Court 12].Bench: RS Endlaw J..Petitions challenging the Govt’s notification banning FDC drugs..On the last date of hearing, the Bench posted all the cases to be heard on Monday i.e. March 28. Meanwhile, the Govt has been directed to supply copies of the Expert Committee’s report to all the petitioner companies..Today in Court- The hearing will continue tomorrow when Senior Advocate Kapil Sibal will begin his arguments for the Petitioners..2. Government of National Capital Territory of Delhi Vs Union of India, Rajendra Prashad Vs Govt of NCT of Delhi, MA Usmani Vs Union of India & Ors, Naresh Kumar Vs Govt of NCT of Delhi & Ors..[Item 20-30, Court 1].Bench: Chief Justice G Rohini, Jayant Nath J..A batch of petitions questioning the apportionment of powers between the Chief Minister and Lt-Governor..3. M/S Loknath Prasad Gupta & Anr Vs and SK Tobacco Industries Vs Commissioner (Food Safety), Govt of NCT of Delhi.[Items: 43-44, Court 10].Bench- Manmohan J..Check evening updates..Today in Court- This case could not be tracked. Any leads/inputs would be appreciated..4. Subramanian Swamy Vs Raju Through Juvenile Justice Board & Ors..[Item 9, Court 1- W.P.(C) 11511/2015].Bench: Chief Justice G Rohini, Jayant Nath J..Petition filed by Dr. Subramanian Swamy opposing the release of the juvenile convicted in the December 16 gang rape..Previously, the Bench had refused to stay the release of the convict..Today in Court- Due to Swamy’s absence in Court today, this case was adjourned..IPR Cases [Saikrishna & Associates].1. Jyoti Swaroop Arora Vs The Competition Commission of India & Ors..[Item 15, Court 12- W.P.(C) 6262/2015].Bench: RS Endlaw J..Check evening updates..Today in Court- This case could not be tracked. Any leads/inputs would be appreciated..2. Zostel Hospitality Pvt Ltd Vs Oravel Stys Pvt Ltd & Ors.[Item 15, Court 24- CS(OS) 2093/2015].Bench: Vipin Sanghi J..Check evening updates..Today in Court- This case was adjourned..3. Fox Star Studios India Pvt Ltd & Anr Vs Speed Play & Ors..[Item 22, Court 24- CS(OS) 3271/2015].Bench: Vipin Sanghi J..Check evening updates..Today in Court- Counsel for the Plaintiff submitted that proceedings were pending before the Joint Registrar and so were the completition of pleadings. The Bench took this statement on record and adjourned the case to September.