A summary of important cases from the causelists of the Supreme Court of India, the Delhi High Court, and the Bombay High Court. .LIST OF CASES.Supreme Court of India.Pankajakshi (Dead) Through L.Rs. & Ors. v. Chandrika & Ors [For judgment]Delhi Jal Board v. Union of India & Ors.Hardik Bharatbhai Patel v. State of Gujarat and Anr.State of Karnataka v. Selvi J Jayalalitha & Ors.Verhoeven, Marie-Emmanuelle v. Union of India & Ors..Delhi High Court.Ajay Maken v. Union of India & Anr (Lead matter in a batch of 3 connected 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.Virbhadra Singh & Anr Vs Central Bureau of Investigation & Ors.Common Cause A Regd Society Vs Election Commission of India & Anr..Bombay High Court.Hamidia Mistry and Anr v. Municipal Corp of Greater MumbaiThe High Court of Bombay v. Chief Secretary & Ors.Samir Zaveri v. Union of India & Ors.Lalit Kumar Modi v. Bennett Coleman and company ltd.and 3 Ors.Aam Admi Party & 3 ors. v. State of Maharashtra & 20 ors..SUMMARY OF CASES.Supreme Court of India.For judgment.1. Pankajakshi (Dead) Through L.Rs. & Ors. v. Chandrika & Ors.[Item 1A in court 2 – Civil Appeal 201/2005].Bench: Anil R Dave, Kurian Joseph, Shiva Kirti Singh, AK Goel, Rohinton Nariman JJ..This case involves interpretation of Section 98(2) of the Code of Civil Procedure. The principal issue is, whether a case should be referred to a third judge when there is a conflict between two judges of the High Court, on a question of fact, and not question of law as reqtuired by Section 98 of the CPC..Today in court: The Court today ruled that the Travancore-Cochin Act will override Section 98(2) of the Code of Civil Procedure. It, therefore, overruled its previous decision in PV Hemlatha. Read the full story here..1. Delhi Jal Board v. Union of India & Ors..[Item 2 in court 1 – Writ Petition (C) 110/2016].Bench: Chief Justice TS Thakur, UU Lalit J..This petition pertains to the water crisis that hit Delhi due to the destruction of Munak canal by Jat protestors. The court had asked the Haryana government to repair the canal at the earliest. The court had also directed the Central government to provide adequate security to the three barrages at Munak, Mandora and Khubru to prevent any further mischief affecting supply of water to Delhi. Haryana government was also directed to file a status report regarding the steps taken by it..Today in court: The Court disposed of this petition after taking on record, the submissions made by Haryana government regarding the restoration work undertaken and the security which has been provided to the canal. The Delhi government has, however, been given the liberty to revive the matter in Supreme Court if problems arise again..2. Hardik Bharatbhai Patel v. State of Gujarat and Anr.[Item 1 in court 3 – SLP (CRL) 9429/2015].Bench: Jagdish Singh Khehar, C Nagappan JJ..A petition by Hardik Patel seeking the quashing of the sedition case lodged against him. On 27th October, the Gujarat High Court had rejected his plea following which Patel had appealed to the Supreme Court..The petitioner sought an adjournment yesterday since the Senior Advocate appearing for him was on his legs in another court. Read the full story here..Today in court: The Court today restrained the media from reporting the case on the ground that the proceedings of the case are sensitive in nature..3. State of Karnataka v. Selvi J Jayalalitha & Ors..[Item 4 in court 10 – SLP(CRL) NO. 6117-6120/2015].Bench: Pinaki Chandra Ghose, Amitava Roy.The appeal against the judgment of the Karnataka High Court acquitting Tamil Nadu Chief Minister Jayalalithaa in the disproportionate assets case. Final hearing commenced in this matter and will continue today. Senior Advocate Dushyant Dave is making his submissions for the Karnataka government and will resume his arguments today..Today in court: The Court today adjourned the case for March 10 after directing the parties to submit a compilation of charges, findings of Trial court and High Court..4. Verhoeven, Marie-Emmanuelle v. Union of India & Ors..[Item 1 in court 8 – Crl MP 2219/2016 in Writ Petition (Crl.) 178/2015].Bench: Madan B Lokur J, N.V.Ramana JJ..A petition for the release of French national Marie Verhoeven. Read more about it here..Today in court: This case could not be tracked. Any update/ information would be appreciated..Delhi High Court.1. Ajay Maken v. Union of India & Anr (Lead matter in a batch of 3 connected matters).[Item 10-13 in Court 1 – Writ Petition (Civil) 6702/2015].Bench: Chief Justice G Rohini, Jayant Nath J..Congress leader Ajay Maken’s petition against AAP’s ad campaigns. Maken has recently moved another application in the case, alleging that the AAP government had indulged in “large scale wastage of the taxpayers money” on its politicial activities by launching a massive advertisement campaign to glorify its one year in power..The application seeks to restrain the Delhi Govt from publishing or airing any advertisements and promotional campaign outside Delhi and also seeks a direction to it for launching campaigns in Delhi only, and that too in a cost-effective manner and in conformity with the guidelines of the Supreme Court..On the last date of hearing, the Bench sought a reply from the Govt over the issue..Today in Court- The Bench decided to hear all applications and petitions filed by various parties over the issue, on a final date of hearing. The cases will now be heard on March 31..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 25-34, 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..Today in Court- ASG Sanjay Jain made his submissions for the Union. He is expected to continue on the next date of hearing. The case will now be heard on March 18..3. Virbhadra Singh & Anr Vs Central Bureau of Investigation & Ors..[Item 1, Court 29- W.P.(CRL) 2757/2015].Bench: Pratibha Rani J..Check evening updates to know more about this case..Today in Court- The Petitioners sought an adjournment due to Senior Advocate Kapil Sibal’s absence. The Bench also granted extension of time for filing of reply by the CBI and adjourned the matter to be heard on April 4..4. Common Cause A Regd Society Vs Election Commission of India & Anr..[Item 5, Court 12- W.P.(C) 8363/2010].Bench- RS Endlaw J..Check evening updates..Today in Court- This was a petition filed by Common Cause challenging a decision of the Election Commission that had rejected the NGO’s complaint for cancellation of Bahujan Samaj Party’s election symbol. Common Cause had stated before the EC that the then-Mayawati Govt had used state funds to erect statues everywhere and had not furnished information on the exact number of these elephant statues installed at various locations. The NGO’s primary contention was that an overuse of these symbols was giving an ‘unfair advantage’ to the party among the electorate..Today when the matter came up for hearing, the counsel for BSP submitted that a similar case regarding election symbols was pending in the Supreme Court and therefore, the case before the High Court ought to be adjourned till the outcome of that case. Accordingly, the Bench adjourned the matter..Bombay High Court.1. Hamidia Mistry and anr v. Municipal Corp of Greater Mumbai.[Item 901 Court 13 – WP(O.S.)/2097/2011].Bench: A.S. Oka, C.V. Bhadang JJ..A PIL in connection with pay and park sites at 92 locations around the city. The petitioners wanted at least 50% reservation for general category whereas according to the petitioners, 50% reservation is made for Mahila Bachat Gat, 25% reservation is made for unemployed educated youth and further reservation is for heirs of martyrs of Sanyukta Maharashtra movement..Today in court: Orders reserved..2. The High Court of Bombay v. Chief Secretary & Ors..[Item 902 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. Along with security at the Bandra court, the infrastructure requirements in lower court premises is also a part of the PIL..In the previous hearing, Amicus Ashutosh Kumbhakoni informed the court that security has been provided at the Bandra courts, including a bomb squad and CCTV’s. He also pointed out the pathetic situation of child sexual abuse victims who are exposed to the accused directly. He said Maharashtra must have adequate infrastructure to deal with cases under thePOCSO Act. The state has been directed to file a reply in this regard..Today in court: The matter was heard on the limited issue of land reserved for the judiciary in the new developement plan. The State government failed to submit a draft of the revised DP, and the matter has been adjourned for 2 weeks..3. Samir Zaveri v. Union of India & Ors..[Item 903 court 43- PIL(O.S)/50/2008].Bench: V.M. Kanade,Revati Mohite Dere JJ..A PIL filed by Sameer Zaveri on preventing accidents on Mumbai’s local trains. In an order passed on December 15 last year, the General Manager (Western Railways) was directed to file an affidavit detailing the setting up of emergency medical rooms on stations. (Read our previous report).Today in court: This matter was adjourned, it will now be heard on March 3 at 3 pm..4. Lalit Kumar Modi v. Bennett Coleman and company ltd.and 3 Ors..[Item 915 Court 20- S(O.S)/2803/2010].Bench: S.J. Kathawalla JJ.A defamation suit filed by former IPL commissioner Lalit Modi against the Bennett Coleman Group after articles were published in Mumbai edition of Times of India with the headline “Modi bought pvt jet for 80 cr with IPL gate money,finds I-T”..Sidhant Kaushik appears for Modi who is seeking Rs. 100 crore in damages..Today in court: This matter was wrongly listed..5. Aam Admi Party & 3 ors. State of Maharashtra & 20 ors..[Item 937 Court 43 – PIL(O.S)/23/2014].Bench: V.M. Kanade, Revati Mohite Dere JJ..A petition filed by the Aam Admi Party alleging a trail of kickbacks recieved by former PWD minister, Chhagan Bhujbal. (Read our previous report).Today in court: A chargesheet was filed yesterday against Chhagan Bhujbal and his family members in the Maharashtra Sadan scam case. In the Hex World case, a chargesheet will be filed against Bhujbal’s son Pankaj and nephew Samir. The above submissions were made by AGP Geeta Shastri, counsel for the Anti Corruption Bureau..The ACB sought time to file chargesheet in a case of alleged kickbacks rin connection with Mumbai University’s library. A month’s time has been granted to file the chargesheet..This matter will now be heard in 4 weeks.
A summary of important cases from the causelists of the Supreme Court of India, the Delhi High Court, and the Bombay High Court. .LIST OF CASES.Supreme Court of India.Pankajakshi (Dead) Through L.Rs. & Ors. v. Chandrika & Ors [For judgment]Delhi Jal Board v. Union of India & Ors.Hardik Bharatbhai Patel v. State of Gujarat and Anr.State of Karnataka v. Selvi J Jayalalitha & Ors.Verhoeven, Marie-Emmanuelle v. Union of India & Ors..Delhi High Court.Ajay Maken v. Union of India & Anr (Lead matter in a batch of 3 connected 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.Virbhadra Singh & Anr Vs Central Bureau of Investigation & Ors.Common Cause A Regd Society Vs Election Commission of India & Anr..Bombay High Court.Hamidia Mistry and Anr v. Municipal Corp of Greater MumbaiThe High Court of Bombay v. Chief Secretary & Ors.Samir Zaveri v. Union of India & Ors.Lalit Kumar Modi v. Bennett Coleman and company ltd.and 3 Ors.Aam Admi Party & 3 ors. v. State of Maharashtra & 20 ors..SUMMARY OF CASES.Supreme Court of India.For judgment.1. Pankajakshi (Dead) Through L.Rs. & Ors. v. Chandrika & Ors.[Item 1A in court 2 – Civil Appeal 201/2005].Bench: Anil R Dave, Kurian Joseph, Shiva Kirti Singh, AK Goel, Rohinton Nariman JJ..This case involves interpretation of Section 98(2) of the Code of Civil Procedure. The principal issue is, whether a case should be referred to a third judge when there is a conflict between two judges of the High Court, on a question of fact, and not question of law as reqtuired by Section 98 of the CPC..Today in court: The Court today ruled that the Travancore-Cochin Act will override Section 98(2) of the Code of Civil Procedure. It, therefore, overruled its previous decision in PV Hemlatha. Read the full story here..1. Delhi Jal Board v. Union of India & Ors..[Item 2 in court 1 – Writ Petition (C) 110/2016].Bench: Chief Justice TS Thakur, UU Lalit J..This petition pertains to the water crisis that hit Delhi due to the destruction of Munak canal by Jat protestors. The court had asked the Haryana government to repair the canal at the earliest. The court had also directed the Central government to provide adequate security to the three barrages at Munak, Mandora and Khubru to prevent any further mischief affecting supply of water to Delhi. Haryana government was also directed to file a status report regarding the steps taken by it..Today in court: The Court disposed of this petition after taking on record, the submissions made by Haryana government regarding the restoration work undertaken and the security which has been provided to the canal. The Delhi government has, however, been given the liberty to revive the matter in Supreme Court if problems arise again..2. Hardik Bharatbhai Patel v. State of Gujarat and Anr.[Item 1 in court 3 – SLP (CRL) 9429/2015].Bench: Jagdish Singh Khehar, C Nagappan JJ..A petition by Hardik Patel seeking the quashing of the sedition case lodged against him. On 27th October, the Gujarat High Court had rejected his plea following which Patel had appealed to the Supreme Court..The petitioner sought an adjournment yesterday since the Senior Advocate appearing for him was on his legs in another court. Read the full story here..Today in court: The Court today restrained the media from reporting the case on the ground that the proceedings of the case are sensitive in nature..3. State of Karnataka v. Selvi J Jayalalitha & Ors..[Item 4 in court 10 – SLP(CRL) NO. 6117-6120/2015].Bench: Pinaki Chandra Ghose, Amitava Roy.The appeal against the judgment of the Karnataka High Court acquitting Tamil Nadu Chief Minister Jayalalithaa in the disproportionate assets case. Final hearing commenced in this matter and will continue today. Senior Advocate Dushyant Dave is making his submissions for the Karnataka government and will resume his arguments today..Today in court: The Court today adjourned the case for March 10 after directing the parties to submit a compilation of charges, findings of Trial court and High Court..4. Verhoeven, Marie-Emmanuelle v. Union of India & Ors..[Item 1 in court 8 – Crl MP 2219/2016 in Writ Petition (Crl.) 178/2015].Bench: Madan B Lokur J, N.V.Ramana JJ..A petition for the release of French national Marie Verhoeven. Read more about it here..Today in court: This case could not be tracked. Any update/ information would be appreciated..Delhi High Court.1. Ajay Maken v. Union of India & Anr (Lead matter in a batch of 3 connected matters).[Item 10-13 in Court 1 – Writ Petition (Civil) 6702/2015].Bench: Chief Justice G Rohini, Jayant Nath J..Congress leader Ajay Maken’s petition against AAP’s ad campaigns. Maken has recently moved another application in the case, alleging that the AAP government had indulged in “large scale wastage of the taxpayers money” on its politicial activities by launching a massive advertisement campaign to glorify its one year in power..The application seeks to restrain the Delhi Govt from publishing or airing any advertisements and promotional campaign outside Delhi and also seeks a direction to it for launching campaigns in Delhi only, and that too in a cost-effective manner and in conformity with the guidelines of the Supreme Court..On the last date of hearing, the Bench sought a reply from the Govt over the issue..Today in Court- The Bench decided to hear all applications and petitions filed by various parties over the issue, on a final date of hearing. The cases will now be heard on March 31..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 25-34, 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..Today in Court- ASG Sanjay Jain made his submissions for the Union. He is expected to continue on the next date of hearing. The case will now be heard on March 18..3. Virbhadra Singh & Anr Vs Central Bureau of Investigation & Ors..[Item 1, Court 29- W.P.(CRL) 2757/2015].Bench: Pratibha Rani J..Check evening updates to know more about this case..Today in Court- The Petitioners sought an adjournment due to Senior Advocate Kapil Sibal’s absence. The Bench also granted extension of time for filing of reply by the CBI and adjourned the matter to be heard on April 4..4. Common Cause A Regd Society Vs Election Commission of India & Anr..[Item 5, Court 12- W.P.(C) 8363/2010].Bench- RS Endlaw J..Check evening updates..Today in Court- This was a petition filed by Common Cause challenging a decision of the Election Commission that had rejected the NGO’s complaint for cancellation of Bahujan Samaj Party’s election symbol. Common Cause had stated before the EC that the then-Mayawati Govt had used state funds to erect statues everywhere and had not furnished information on the exact number of these elephant statues installed at various locations. The NGO’s primary contention was that an overuse of these symbols was giving an ‘unfair advantage’ to the party among the electorate..Today when the matter came up for hearing, the counsel for BSP submitted that a similar case regarding election symbols was pending in the Supreme Court and therefore, the case before the High Court ought to be adjourned till the outcome of that case. Accordingly, the Bench adjourned the matter..Bombay High Court.1. Hamidia Mistry and anr v. Municipal Corp of Greater Mumbai.[Item 901 Court 13 – WP(O.S.)/2097/2011].Bench: A.S. Oka, C.V. Bhadang JJ..A PIL in connection with pay and park sites at 92 locations around the city. The petitioners wanted at least 50% reservation for general category whereas according to the petitioners, 50% reservation is made for Mahila Bachat Gat, 25% reservation is made for unemployed educated youth and further reservation is for heirs of martyrs of Sanyukta Maharashtra movement..Today in court: Orders reserved..2. The High Court of Bombay v. Chief Secretary & Ors..[Item 902 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. Along with security at the Bandra court, the infrastructure requirements in lower court premises is also a part of the PIL..In the previous hearing, Amicus Ashutosh Kumbhakoni informed the court that security has been provided at the Bandra courts, including a bomb squad and CCTV’s. He also pointed out the pathetic situation of child sexual abuse victims who are exposed to the accused directly. He said Maharashtra must have adequate infrastructure to deal with cases under thePOCSO Act. The state has been directed to file a reply in this regard..Today in court: The matter was heard on the limited issue of land reserved for the judiciary in the new developement plan. The State government failed to submit a draft of the revised DP, and the matter has been adjourned for 2 weeks..3. Samir Zaveri v. Union of India & Ors..[Item 903 court 43- PIL(O.S)/50/2008].Bench: V.M. Kanade,Revati Mohite Dere JJ..A PIL filed by Sameer Zaveri on preventing accidents on Mumbai’s local trains. In an order passed on December 15 last year, the General Manager (Western Railways) was directed to file an affidavit detailing the setting up of emergency medical rooms on stations. (Read our previous report).Today in court: This matter was adjourned, it will now be heard on March 3 at 3 pm..4. Lalit Kumar Modi v. Bennett Coleman and company ltd.and 3 Ors..[Item 915 Court 20- S(O.S)/2803/2010].Bench: S.J. Kathawalla JJ.A defamation suit filed by former IPL commissioner Lalit Modi against the Bennett Coleman Group after articles were published in Mumbai edition of Times of India with the headline “Modi bought pvt jet for 80 cr with IPL gate money,finds I-T”..Sidhant Kaushik appears for Modi who is seeking Rs. 100 crore in damages..Today in court: This matter was wrongly listed..5. Aam Admi Party & 3 ors. State of Maharashtra & 20 ors..[Item 937 Court 43 – PIL(O.S)/23/2014].Bench: V.M. Kanade, Revati Mohite Dere JJ..A petition filed by the Aam Admi Party alleging a trail of kickbacks recieved by former PWD minister, Chhagan Bhujbal. (Read our previous report).Today in court: A chargesheet was filed yesterday against Chhagan Bhujbal and his family members in the Maharashtra Sadan scam case. In the Hex World case, a chargesheet will be filed against Bhujbal’s son Pankaj and nephew Samir. The above submissions were made by AGP Geeta Shastri, counsel for the Anti Corruption Bureau..The ACB sought time to file chargesheet in a case of alleged kickbacks rin connection with Mumbai University’s library. A month’s time has been granted to file the chargesheet..This matter will now be heard in 4 weeks.
