The B&B Causelist #239: Salman Khan, 2-finger test, Shifting #BomHC, Subramanian Swamy & more (Evening Updates)

A summary of cases from the causelists of the Supreme Court of India, the Bombay High Court and the Delhi High Court..LIST OF CASES.Supreme Court of India.Muslim Niyamat Shaikh v. Salman Salim Khan And Anr.Nipun Saxena and Anr v. Union of India and Ors.MC Mehta v. Union Of IndiaAjay Kumar Chaudhary v. UoI & Ors.Khalid Ashraf And Anr. v. UoI And Ors.Gauri Maulekhi v. UoICentre For Public Interest Litigation v. UoIMC Mehta v. UoI & Ors..Bombay High Court.The Bombay Environment Action Group & Anr v. State of Maharashtra & Ors.Ahmad M Abdi v. State of Maharashtra & 8 Ors.Homeless Collective v. Municipal Corporation of Greater MumbaiNaresh Gosavi v. Maharashtra State Human Rights CommissionThe Metropolitan Magistrate Courts Dadar Bar Association v. The Secretary Law & Judiciary DepartmentVihar Dhurve v. State of MaharashtraAll India True Christian Council Trust v. State of Maharashtra & Ors..Delhi High Court.All India Foreign Medical Graduates Association v. Ministry of Health and Family Welfare and Ors.Subramanian Swamy v. Union of India and Ors.Department of Electronics and Information Technology v. Star India Private Ltd..SUMMARY OF CASES.Supreme Court of India.1. Muslim Niyamat Shaikh v. Salman Salim Khan And Anr..[Item 34 in court 3 – SLP(CRL.)… /2016].Bench: JS Khehar, Arun Mishra JJ..Appeal by one of the victims against the Bombay High Court’s verdict in the hit and run case involving Salman Khan..Today in Court: The Court refused to entertain this case since the appeal filed by Maharashtra government is already pending before the court..2. Nipun Saxena and Anr v. Union of India and Ors..[Item 48 in court 3 – Writ Petition (Civil) 565/2012].Bench: JS Khehar, Arun Mishra JJ..Petition filed in the aftermath of the December 16 gang rape in Delhi. The petitioner has challenged the Constitutional validity of the two finger test. Amicus Curiae Indira Jaising has submitted a report recommending criminalisation of marital rape..The Centre had informed the court in October last year that the Ministry of Women and Child Development has gone through the suggestions that have been handed over by Indira Jaising. It said that it will file a tabulated statement indicating the action taken in respect of each of the issues..Today in Court: Amicus Curiae Indira Jaising today requested the court that some of the issues are in the realm of executive policy decisions and should be sent to the Law Commission. The Court refused to go into that at the moment, and posted the matter for hearing on September 14..3. MC Mehta v. Union Of India .[Item 49 in court 3 – IA 22 in WP(C) 4677/1985] .Bench: JS Khehar, Arun Mishra JJ..Case relating to the people suffering due to the mining in the Aravalli range..Today in Court: The matter was adjourned and will be heard on November 22..4. Mr. Ajay Kumar Chaudhary v. Union of India & Ors..[Item 18 in court 1 – WP(C) 207/2016].Bench: Chief Justice TS Thakur, AM Khanwalikar, DY Chandrachud JJ..A fresh public interest litigation petition..Today in Court: The Bench refused to entertain this case and asked the petitioner to approach the Allahabad High Court..5. Khalid Ashraf And Anr. v. Union Of India And Ors..[Item 20 in court 1 – WP(C) 558/2016].Bench: Chief Justice TS Thakur, AM Khanwalikar, DY Chandrachud JJ..The petitioner had prayed that the production of synthetic material be stopped, on account of the fact that both people and animals were being affected, sometimes fatally..Today in Court: The Court asked the petitioner to go before the National Green Tribunal as the correct authority for environment-related issues..6. Gauri Maulekhi v. UoI.[Item 19 in court 1 – WP(C) 413/2016] .Bench: Chief Justice TS Thakur, AM Khanwalikar, DY Chandrachud JJ..A fresh public interest litigation petition..Today in Court: This case could not be tracked..7. Centre For Public Interest Litigation v. Union Of India.[Item 30 in court 1 – SLP(C) 17044/2016] .Bench: Chief Justice TS Thakur, AM Khanwalikar, DY Chandrachud JJ..This case pertains to the alignment of railway line in Jammu and Kashmir..Today in Court: This was a challenge to the current alignment of the new railway line in Jammu & Kashmir. Advocate Prashant Bhushan submitted that the project is a “prestige project” and though it was scheduled to be completed by 2007, the deadline now will go beyond 2024. Despite Prashant Bhushan’s vehement arguments, the Court refused to admit the matter. Chief Justice Thakur said that even if the project is not completed on time, it is not for the court to look into the matter..8. MC Mehta v. Union of India & Ors..[Item 301 in court 1 – IA 465 in IA 363-364 in IA 344 in WP(C) 13029/1985].Bench: Chief Justice TS Thakur, R Banumathi J..Petition concerning pollution in Delhi. Check evening updates to know more..Bombay High Court.1. The Bombay Environment Action Group & Anr v. State of Maharashtra & Ors..[Item 6 Court 13- PIL(OS)/17/2006].Bench: AS Oka, AA Sayed JJ..This PIL seeks to monitor the quarrying leases granted in Mumbai and also to ensure that none of these quarries are in violation of the Environment Protection Act..Today in court: On the issue of recent landslides near the Powai quarry, the state was asked about the steps taken to protect the site. State AGP JS Saluja submitted that a wall was constructed near the site..Oka J said if the state does not take this seriously then an independent committee will be formed to visit the site. The acting AG has been asked to appear in the matter next Friday..2. Ahmad Abdi v. State of Maharashtra & 8 Ors..[Item 8 Court 13- PIL(OS)/57/2012].Bench: AS Oka, AA Sayed JJ..A PIL relating to the shifting of the Bombay High Court to a new complex. The state government has agreed to allot the requisite land in Government Colony, near Bandra Kurla Complex. Expectedly, the matter has seen representations from different bar associations, as well as the State government..Rajan Jayakar, a curator responsible for renovation and restoration work in the HC courtrooms and the HC museum has filed an intervention application opposing the move. Previously, Oka J had urged him to think about the “future generations” and the litigants. Senior Counsel Janak Dwarkadas is appearing for the intervenor. Read our previous report for more details..Today in court: Acting AG Rohit Deo informed the bench that four technical consultants have been appointed by the state to ascertain the exact area of land required and other details..Oka J observed that all bar associations across the state must submit their suggestions with the state. The new building must be complete with all requisite facilities and after suggestions by bar associations are submitted appropriate directions will be issued..The bench also pointed out that the parking facility at Aurangabad Bench has space for 434 cars whereas the High Court presently has none..AA Kumbhakoni, appearing for the administrative side of the high court submitted that he has contacted the Allahabad High Court’s Lucknow Bench, the Saket district court and Gujarat High Court to get details about land allotment etc. The next date of hearing is July 25..3. Homeless Collective v Municipal Corporation of Greater Mumbai.[Item 11 Court 13- PIL(OS)/54/2013].Bench: AS Oka & AA Sayed JJ..A petition seeking the construction of night shelters for the homeless in the city. With senior counsel Gayatri Singh appearing for the petitioners, the court had directed the municipal corporation to identify the lands on which these shelters could be set up. For more details read previous report..Today in court: The BMC sought two weeks time to file a fresh affidavit. State has also been asked to take instructions in the matter. The matter was adjourned to next Friday..4. Naresh Gosavi v. Maharashtra State Human Rights Commission.[Item 13 Court 13- PIL(OS)/115/2013].Bench: AS Oka, AA Sayed JJ..PIL regarding vacancies at the state human rights commission. The other two issues involved are infrastructure and budgetary allocations for the commission..Today in court: This case could not be tracked..5. The Metropolitan Magistrate Courts Dadar Bar Association v. The Secretary Law & Judiciary Department.[Item 15 Court 13- WP(OS)/2991/2014].Bench: AS Oka, AA Sayed JJ..The petition seeks urgent structural repairs and reconstruction in two Metropolitan Magistrate court buildings in Dadar. The petitioners state that these two court buildings are in extremely poor condition and if the construction work is not carried out, the buildings in all likelihood will collapse. For more details read previous report..Today in court: After the state made the same submissions it did the last time, the petitioner’s lawyer stated that they needed a detailed report..When asked about the date of completion of the entire construction work, GP said a month will be needed. A detailed report will be submitted on August 25..6. Vihar Dhurve v. State of Maharashtra.[Item 16 Court 13- PIL(C)/188/2015].Bench: AS Oka, AA Sayed JJ..The PIL involves two separate issues. One, the pensionary benefits that accrue to judicial officers, and whether these benefits will be the same as that drawn by other State officers. In this regard, the Shetty Commission had made a certain set of recommendations that were accepted by the Supreme Court. However, it is not clear whether the State has implemented these recommendations..The second issue relates to the construction of a new Family Court building in Pune. The High Court had earlier asked that the proposal for release of funds be placed before the state legislature. For more details read our previous report..Today in court: This case could not be tracked..7. All India True Christian Council Trust v. State of Maharashtra & Ors..[Item 30 Court 52- CRPIL/11/2016].Bench: VM Kanade, MS Sonak JJ..Check evening updates..Today in court: This case could not be tracked..Delhi High Court.1. All India Foreign Medical Graduates Association v. Ministry of Health and Family Welfare and Ors..[Court No. 1; Item No. 2 – W.P. (C) 2799/2016].Bench: G Rohini CJ, Sangita D Sehgal J..A writ petition against the National Board of Examination. In the last hearing, Senior Counsel Sudhir Nandrajog had argued that the National Board of Examination is not a public office and therefore the said writ petition is not maintainable against it..Check evening updates..Today in court: This case could not be tracked..2. Subramanian Swamy v. Union of India and Ors. with Federation of Indian Airlines v. Union of India and Ors..[Court No. 1; Item No. 1 – W.P. (C) 5909/2013, Court No. 1; Item No. 2 – W.P. (C) 1373/2014].Bench: G Rohini CJ, Pradeep Nandrajog J..Pleas seeking quashing of approvals being granted by the centre to operationalize a $30 million deal between Tata Sons and Malaysia-based airline AirAsia..Today in court: This matter was not heard..3. Department of Electronics and Information Technology v. Star India Private Ltd..[Court No. 3; Item No. 1 – Review Pet. 131/2016].Bench: Pradeep Nandrajog, A.K. Pathak JJ..Check evening updates..Today in court: This case could not be tracked.

The B&B Causelist #239: Salman Khan, 2-finger test, Shifting #BomHC, Subramanian Swamy & more (Evening Updates)

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