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. Ashwini Kumar Upadhyay v. Union of India and Anr..[Item 3 in court 1 – Writ Petition (Civil) 56/2016].Bench: Chief Justice TS Thakur, R Banumathi JJ..A fresh public interest litigation. Check evening updates..Today in court: This petition concerning appointment of Lokpal was withdrawn..2. Gaurav Sureshbhai Vyas v. State Of Gujarat and Ors..[Item 4 in court 1 – SLP(C) 601/2016].Bench: Chief Justice TS Thakur, R Banumathi JJ..Appeal against the judgment of the Gujarat High Court which had upheld the mobile internet ban in Gujarat put in place during the Patidar agitation. The petitioner had sought a direction that no such bans be imposed in future. The High Court had, however, dismissed the petition prompting an appeal to Supreme Court..Today in court: The Court refused to entertain this petition remarking that such ban was sometimes necessary for maintaining law and order. Read the full story here..3. Nabam Rebia v. Registrar General, Gauhati High Court and Ors..[Item 501 in court 3 – SLP (Civil) 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 Congress party..Senior Advocate TR Andhyarujina is arguing for the Governor. The hearing will continue today..Today in court: Senior Advocate Ashok Desai appeared for the Leader of Opposition. The hearing will continue on February 15 at 2 pm..4. Verhoeven, Marie-Emmanuelle v. Union of India & Ors..[Item 2 in court 9 – Crl MP 2219/2016 in Writ Petition (Crl.) 178/2015].Bench: V Gopala Gowda, UU Lalit JJ..A habeas corpus petition for the release of French national Marie Verhoeven. When the matter was last heard Senior Advocate Aryama Sundaram, appearing on behalf of the petitioner had made a submission that he intends to seek modification/ clarification of the order passed by the Supreme Court December 15, 2015 to the extent that the proceedings before the Chief Judicial Magistrate may not continue till this matter is decided on merits..The Court had allowed the same and granted time to the petitioner to file an application to that effect..Today in court: This case could not be tracked. Any update/ information would be appreciated..Delhi High Court.1. 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 29-39, 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. On the last date of hearing, ASG Sanjay Jain had begun his submissions for the Union. He is expected to continue today..Today in Court: Jain continued with his submissions when the Bench rose after a brief hearing. The case will now be heard on February 15..2. X Vs State & Anr. .[Item 16, Court 30- CRL.M.C. 2120/2015].Bench- SP Garg J..Petition filed by the researcher at TERI who had accused former IPCC chief RK Pachauri of sexually harrassing her. The complainant had moved the High Court seeking cancellation of the anticipatory bail granted to Pachauri by the trial court in the case..Today in Court- The Bench reserved judgment..Bombay High Court.1. Pandurang Patil v. Municipal Corporation of Greater Bombay.[Item 1 Court 13 – PIL(C)/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: S.U. Kamdar, counsel for BMC, informed the court that security has already been deployed at Deonar dumping ground and NEERI (National Environmental Engineering Research Institute) is being consulted although no formal letter of appointment or a formal report by the research institute were submitted. The BMC also submitted that two other sites apart from Taloja and Airoli have been identified but the exact area required was still unknown..The court asked for a formal reply detailing recommendations by NEERI. Senior advocate T.N. Subramaniam, appearing for an appelant said that a more detailed affidavit must be filed by the BMC. He submitted that the MPCB (Maharashtra Pollution control Board) had sent 8 notices to the civic body about the pollution caused..The bench has asked the civic body to inform them about the categories of construction activity going on in the city. The State has been directed to file a reply on whether an impact assesment study on the generation of solid waste as a result of construction activity has been conducted.The matter will now be heard on February 24..2. The High Court of Bombay v. Chief Secretary & Ors..[Item 7 Court 13 – PIL(C)/7/2011].Bench: A.S. Oka, C.V. Bhadang JJ..A suo moto PIL regarding the retention of 14 reserved plots for the judiciary in the new development plan. Neither the state nor the municipal corporation has been able to confirm or deny the reservation in the revised plan. The issue of providing security to courts and installation of water coolers in court premises is also a part of the PIL..Today in court: This matter could not be tracked..3. Dr.Anahita Pandole v. State of Maharashtra & Ors..[Item 22 Court 13 – NMWST(O)/441/2015].Bench: A.S. Oka, C.V. Bhadang JJ..A notice for motion in Writ petition 1132 of 2002 regarding illegal hoarding on railway premises.. Read our detailed report on the previous hearing..Today in court: Suresh Kumar, counsel for railways submitted that Section 328 A of Mumbai Municipal Corporation Act, 1888 was not applicable on their hoardings. The matter was adjourned to March 2..4. Federation of Adoption Agencies v. The Central Adoption Resource Authority.[Item 909 Court 43 – PILST(O)/140/2015].Bench: V.M. Kanade, Revati Mohite Dere JJ..The bench had sought the centre’s response on the status of its 2015 guidelines for adoption of children in view of the newly enacted Juvenile Justice Act..Today in court: Senior advocate Mihir Desai, amicus curiae submitted that the new law has a separate chapter on adoption based on the 2011 guidelines issued by the Central Adoption Resources Agency (CARA), and that the Petitioners are challenging the 2015 guidelines including online selection of children..Additional Solicitor General, Anil Singh said:.“After going through the act and the gudelines, I submit that they are in consonance with each other.”.The petitioners were asked to amend their affidavit and the matter was adjourned to February 24.
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. Ashwini Kumar Upadhyay v. Union of India and Anr..[Item 3 in court 1 – Writ Petition (Civil) 56/2016].Bench: Chief Justice TS Thakur, R Banumathi JJ..A fresh public interest litigation. Check evening updates..Today in court: This petition concerning appointment of Lokpal was withdrawn..2. Gaurav Sureshbhai Vyas v. State Of Gujarat and Ors..[Item 4 in court 1 – SLP(C) 601/2016].Bench: Chief Justice TS Thakur, R Banumathi JJ..Appeal against the judgment of the Gujarat High Court which had upheld the mobile internet ban in Gujarat put in place during the Patidar agitation. The petitioner had sought a direction that no such bans be imposed in future. The High Court had, however, dismissed the petition prompting an appeal to Supreme Court..Today in court: The Court refused to entertain this petition remarking that such ban was sometimes necessary for maintaining law and order. Read the full story here..3. Nabam Rebia v. Registrar General, Gauhati High Court and Ors..[Item 501 in court 3 – SLP (Civil) 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 Congress party..Senior Advocate TR Andhyarujina is arguing for the Governor. The hearing will continue today..Today in court: Senior Advocate Ashok Desai appeared for the Leader of Opposition. The hearing will continue on February 15 at 2 pm..4. Verhoeven, Marie-Emmanuelle v. Union of India & Ors..[Item 2 in court 9 – Crl MP 2219/2016 in Writ Petition (Crl.) 178/2015].Bench: V Gopala Gowda, UU Lalit JJ..A habeas corpus petition for the release of French national Marie Verhoeven. When the matter was last heard Senior Advocate Aryama Sundaram, appearing on behalf of the petitioner had made a submission that he intends to seek modification/ clarification of the order passed by the Supreme Court December 15, 2015 to the extent that the proceedings before the Chief Judicial Magistrate may not continue till this matter is decided on merits..The Court had allowed the same and granted time to the petitioner to file an application to that effect..Today in court: This case could not be tracked. Any update/ information would be appreciated..Delhi High Court.1. 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 29-39, 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. On the last date of hearing, ASG Sanjay Jain had begun his submissions for the Union. He is expected to continue today..Today in Court: Jain continued with his submissions when the Bench rose after a brief hearing. The case will now be heard on February 15..2. X Vs State & Anr. .[Item 16, Court 30- CRL.M.C. 2120/2015].Bench- SP Garg J..Petition filed by the researcher at TERI who had accused former IPCC chief RK Pachauri of sexually harrassing her. The complainant had moved the High Court seeking cancellation of the anticipatory bail granted to Pachauri by the trial court in the case..Today in Court- The Bench reserved judgment..Bombay High Court.1. Pandurang Patil v. Municipal Corporation of Greater Bombay.[Item 1 Court 13 – PIL(C)/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: S.U. Kamdar, counsel for BMC, informed the court that security has already been deployed at Deonar dumping ground and NEERI (National Environmental Engineering Research Institute) is being consulted although no formal letter of appointment or a formal report by the research institute were submitted. The BMC also submitted that two other sites apart from Taloja and Airoli have been identified but the exact area required was still unknown..The court asked for a formal reply detailing recommendations by NEERI. Senior advocate T.N. Subramaniam, appearing for an appelant said that a more detailed affidavit must be filed by the BMC. He submitted that the MPCB (Maharashtra Pollution control Board) had sent 8 notices to the civic body about the pollution caused..The bench has asked the civic body to inform them about the categories of construction activity going on in the city. The State has been directed to file a reply on whether an impact assesment study on the generation of solid waste as a result of construction activity has been conducted.The matter will now be heard on February 24..2. The High Court of Bombay v. Chief Secretary & Ors..[Item 7 Court 13 – PIL(C)/7/2011].Bench: A.S. Oka, C.V. Bhadang JJ..A suo moto PIL regarding the retention of 14 reserved plots for the judiciary in the new development plan. Neither the state nor the municipal corporation has been able to confirm or deny the reservation in the revised plan. The issue of providing security to courts and installation of water coolers in court premises is also a part of the PIL..Today in court: This matter could not be tracked..3. Dr.Anahita Pandole v. State of Maharashtra & Ors..[Item 22 Court 13 – NMWST(O)/441/2015].Bench: A.S. Oka, C.V. Bhadang JJ..A notice for motion in Writ petition 1132 of 2002 regarding illegal hoarding on railway premises.. Read our detailed report on the previous hearing..Today in court: Suresh Kumar, counsel for railways submitted that Section 328 A of Mumbai Municipal Corporation Act, 1888 was not applicable on their hoardings. The matter was adjourned to March 2..4. Federation of Adoption Agencies v. The Central Adoption Resource Authority.[Item 909 Court 43 – PILST(O)/140/2015].Bench: V.M. Kanade, Revati Mohite Dere JJ..The bench had sought the centre’s response on the status of its 2015 guidelines for adoption of children in view of the newly enacted Juvenile Justice Act..Today in court: Senior advocate Mihir Desai, amicus curiae submitted that the new law has a separate chapter on adoption based on the 2011 guidelines issued by the Central Adoption Resources Agency (CARA), and that the Petitioners are challenging the 2015 guidelines including online selection of children..Additional Solicitor General, Anil Singh said:.“After going through the act and the gudelines, I submit that they are in consonance with each other.”.The petitioners were asked to amend their affidavit and the matter was adjourned to February 24.
