A summary of important cases from the causelists of the Supreme Court of India, and the Bombay High Court..Supreme Court of India.1. Naz Foundation Trust v. Suresh Kumar Koushal & Ors.[Item 302 in court 1 at 3 pm- CURATIVE PET(C) 88-102/2014 in RP(C) 41-55/2014 IN C.A. NO. 10972, 10974, 10986, 10981, 10983, 10984, 10975, 10973, 10985, 10982, 10976, 10980, 10977, 10978 & 10979/2013].Bench: Chief Justice TS Thakur, Anil R Dave, JS Khehar JJ..The curative petition in the challenge to Section 377 of the India Penal Code which criminalises homosexuality. The Court, in 2013, had upheld the vires of the Section which was reaffirmed in the review petition. Subsequently, a Supreme Court Bench presided by then Chief Justice P Sathasivam had agreed for an open court hearing of the curative petition..You can read the timeline of the case here..Today in court: The Court today referred the case to a Constitution Bench. Read the full story here..2. Common Cause v. U.O.I & Anr.[Item 6 in court 4 – Writ Petition (Civil) 678/2013].Bench: Dipak Misra, NV Ramana JJ. .This is a petition filed by NGO Common Cause seeking inquiry into the allegations of corruption against former CJI, Justice KG Balakrishnan. One of the prayers in the petition, the one seeking removal of Justice Balakrishnan from the post of NHRC Chairperson, was rendered infructuous since the Court kept the case in cold storage till he retired from the post..When the matter was last heard, Attorney General Mukul Rohatgi had told the Court that there is no evidence against Justice Balakrishnan and there can be no investigation in such cases..The Attorney General had then submitted that he will hand over a report including the IT Assessments and had asked the court to post the matter in 2016..Today in court: This Bench did not sit today..3. State of Kerala v. Wilfred J and Ors..[Item 2 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. When the matter was last heard, Senior Advocate KK Venugopal completed his submissions. Advocates Prashant Bhushan and Raj Panjwani are now making their submissions..Today in court: Advocate Raj Panjwani made his submissions today..Chief Justice TS Thakur remarked during the hearing that the assailed project “is a huge project. It is bound to ruffle some feathers.” The hearing will resume tomorrow..4. 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..The hearing will resume today..Today in court: This case could not be tracked. Any update/ information would be appreciated..5. Securities and Exchange Board of India v. Subrata Bhattacharya.[Item 1 in court 2 – TP (Civil) 46/2016].Bench: Anil R Dave, Shiva Kirti Singh, Adarsh Kumar Goel JJ..A batch of petitions related to the PACL Ltd’s alleged ponzi scheme where it collected Rs. 45,000 crore from about 6 crore investors. Read more about the PACL case here..Today in court: The Court today appointed a Committee headed by former Chief Justice of India RM Lodha to oversee the refund of money by PACL to investors. The Court also barred PACL from accepting any further deposits. Read the full story here..6. Wildlife Rescue and Rehabilitation Centre and Others v. Union of India and others.[Item 1 in court 4 – IA 19/2015 in WP (Civil) 743/2014].Bench: J Dipak Misra, NV Ramana JJ..Petition concerning protection of wildlife and forests. The Court has been issuing a slew of directions in an application pertaining to treatment of captive elephants Check evening updates to know more..Today in court: This Bench did not sit today..7. SEBI v. Sahara India Real Estate Corpn. Ltd. & Ors.[Item 301 in court 1 – IA 90-91/2014,104-106/2015, 119-121/2015, 144-146/2016, 132-134/2015, 135-137/2015, 138-140/2016, 141-143/2016 & 131/2015 in Conmt. Pet. (C) 412 & 413/2012 in CA 9813 & 9833/2011].Bench: Chief Justice TS Thakur, Anil R Dave, AK Sikri JJ..The dispute between SEBI and Sahara. SEBI has filed an application for appointing a receiver to auction properties of Sahara. They have also sought “action taken reports” from Sahara on negotiations for sale of properties..Today in court: Sahara today informed the court that it is selling the Grosvenor hotel in London. It also sought the court’s permission to sell 4 aircrafts, its shares in Formula 1 racing team and a hotel in Mumbai. The Bench has sought SEBI’s response on this..Delhi High Court.1. Vodafone Mobile Services Ltd & Anr Vs Telecom Regulatory Authority of India.[Item 9-10 Court 1- W.P.(C) 10985/2015 & W.P.(C) 10986/2015].Bench: Chief Justice G Rohini, Jayant Nath J. .A petition filed by Vodafone challenging a TRAI Regulation on interconnection usage charges that was aimed at lowering call rates. Vodafone has challenged the regulation on grounds of arbitrariness..Today in Court- The Bench allowed impleadment of Reliance Jio in the case and two other telecom companies. After granting the newly impleaded parties time to file their replies and Vodafone more time to file its rejoinder affidavit, the Bench adjourned the matter to February 25..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 21-28, Court 1].Bench: Chief Justice G Rohini, Jayant Nath J..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- ASG Sanjay Jain continued with his submissions and argued on how the position of the Governor was ‘unique’ to the state of Delhi. He is expected to continue with his submissions on February 4..3. Ramakant Kumar Vs Government of NCT of Delhi.[Item 30, Court 1- W.P.(C) 348/2016].Bench- Chief Justice G Rohini, Jayant Nath J. .Check evening updates..Today in Court- This case was heard alongwith the other GNCTD Vs Union of India matters..4. Delhi District Cricket Association Through its Honorary General Secretary Vs Municipal Corporation of Delhi & Ors..[Item 38, Court 7- WP (C) 7215/2011].Bench: S Murlidhar, Vibhu Bhakru JJ..A petition filed by Delhi District Cricket Association (DDCA) seeking permission to stage the fourth and final cricket test between South Africa and India at Firoz Shah Kotla ground in New Delhi..Previously, the Bench had allowed DDCA to go ahead and conduct the match. It had also directed DDCA to make payments of 50 lakhs as property tax to the South Delhi Municipal Corporation and appointed Justice (Retd) Mukul Mudgal to oversee the test match preparations at Kotla..On the last date of hearing, Justice Mudgal submitted his detailed report on the assignment to the Court..Today in Court- A supplementary report of Justice Mudgal was filed in Court which outlined, inter-alia, blueprints for hosting future matches at DDCA along with other necessary recommendations..Bombay High Court.1. Juhi Chawla Mehta & 10 ors. v. Union of India & 7 ors..[Item 3 Court 43 – PIL(O)/97/2015].Bench: V.M. Kanade, Revati Mohite Dere JJ..Today in court: Petitioner, Juhi Chawla seeks embargo on the installation of mobile phone towers in public places due to the harmful radiation emanating from them. Aspi Chinai, lawyer for a petitioner in a connected, PIL submitted that his contention was specific to RGPG’s(Recreational ground & play grounds) only..S.K. Nair, informed the court about a report submitted before the Allahabad High Court which says that this radiation is not harmful at all and it is only out of fear that this issue has been raised. He also cited a WHO report that found no evidence in these claims..Senior counsel Mihir Desai, Chawla’s lawyer, said that these reports were old and had not taken into account smartphones, which are new phenomenon..“Smartphones have added considerably to the levels of radiation.” Desai added..The matter will now be heard on February 9..2. Vanashakti Public Trust & 5 ors. v. Union of India & 9 ors..[Item 911 Court 43 – NMWST(O)/740/2015].Bench: V.M. Kanade, Revati Mohite Dere JJ..A notice for motion hearing in PIL 87 of 2013. The petitioners have contended that massive reclamation of wetland, illegal dumping & construction has taken place in the following areas – Mumbai Dahisar link road, Ghodbundar road and Vikhroli-Mulund road..An 8 member committee headed by the Chief Secretary was constituted to look into the illegal reclamation of these wetlands.The committee’s report was sought in a previous order..Today in court: The state contended that the said areas were not identified as wetlands but paddy fields and its reclamation was legal. The petitioner’s lawyer, Zaman Ali submitted that the land was identified as a wetland in the central government atlas but not in the state’s. He also stated that the Central wetland regulatory authority can assist the court in identifying whether it is a wetland or paddy field..The state has been directed to file a reply in the next hearing which is after 4 weeks..3. Bombay Environment Action Group v. Municipal Corporation of Greater Mumbai & ors..[Item 914 Court 43 – WP(O)/1762/1999].Bench: V.M. Kanade, Revati Mohite Dere JJ..Petitioners Bombay Environment Action Group highlight the poor quality of air in the city and vehicular congestion. The petition had accused the government of disincentivising public transport..This petition is being heard along with a petition regarding the implementation of the odd-even rule in Mumbai..Today in court: The matter was not taken up today and will now come up on February 9..4. Shiney Suraj Ahuja v. State of Maharashtra.[Item 35 Court 21 – APEAL(Cr)/297/2011].Bench: A.M. Thipsay J..The appeal by actor Shiney Ahuja against his rape conviction by a fast track court in March 2011. Shiney was sentenced to seven-and-a-half years term in jail for allegedly committing rape on his maid at his home in 2009..Today in court: The daily board was suspended for the day before the matter came up.
A summary of important cases from the causelists of the Supreme Court of India, and the Bombay High Court..Supreme Court of India.1. Naz Foundation Trust v. Suresh Kumar Koushal & Ors.[Item 302 in court 1 at 3 pm- CURATIVE PET(C) 88-102/2014 in RP(C) 41-55/2014 IN C.A. NO. 10972, 10974, 10986, 10981, 10983, 10984, 10975, 10973, 10985, 10982, 10976, 10980, 10977, 10978 & 10979/2013].Bench: Chief Justice TS Thakur, Anil R Dave, JS Khehar JJ..The curative petition in the challenge to Section 377 of the India Penal Code which criminalises homosexuality. The Court, in 2013, had upheld the vires of the Section which was reaffirmed in the review petition. Subsequently, a Supreme Court Bench presided by then Chief Justice P Sathasivam had agreed for an open court hearing of the curative petition..You can read the timeline of the case here..Today in court: The Court today referred the case to a Constitution Bench. Read the full story here..2. Common Cause v. U.O.I & Anr.[Item 6 in court 4 – Writ Petition (Civil) 678/2013].Bench: Dipak Misra, NV Ramana JJ. .This is a petition filed by NGO Common Cause seeking inquiry into the allegations of corruption against former CJI, Justice KG Balakrishnan. One of the prayers in the petition, the one seeking removal of Justice Balakrishnan from the post of NHRC Chairperson, was rendered infructuous since the Court kept the case in cold storage till he retired from the post..When the matter was last heard, Attorney General Mukul Rohatgi had told the Court that there is no evidence against Justice Balakrishnan and there can be no investigation in such cases..The Attorney General had then submitted that he will hand over a report including the IT Assessments and had asked the court to post the matter in 2016..Today in court: This Bench did not sit today..3. State of Kerala v. Wilfred J and Ors..[Item 2 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. When the matter was last heard, Senior Advocate KK Venugopal completed his submissions. Advocates Prashant Bhushan and Raj Panjwani are now making their submissions..Today in court: Advocate Raj Panjwani made his submissions today..Chief Justice TS Thakur remarked during the hearing that the assailed project “is a huge project. It is bound to ruffle some feathers.” The hearing will resume tomorrow..4. 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..The hearing will resume today..Today in court: This case could not be tracked. Any update/ information would be appreciated..5. Securities and Exchange Board of India v. Subrata Bhattacharya.[Item 1 in court 2 – TP (Civil) 46/2016].Bench: Anil R Dave, Shiva Kirti Singh, Adarsh Kumar Goel JJ..A batch of petitions related to the PACL Ltd’s alleged ponzi scheme where it collected Rs. 45,000 crore from about 6 crore investors. Read more about the PACL case here..Today in court: The Court today appointed a Committee headed by former Chief Justice of India RM Lodha to oversee the refund of money by PACL to investors. The Court also barred PACL from accepting any further deposits. Read the full story here..6. Wildlife Rescue and Rehabilitation Centre and Others v. Union of India and others.[Item 1 in court 4 – IA 19/2015 in WP (Civil) 743/2014].Bench: J Dipak Misra, NV Ramana JJ..Petition concerning protection of wildlife and forests. The Court has been issuing a slew of directions in an application pertaining to treatment of captive elephants Check evening updates to know more..Today in court: This Bench did not sit today..7. SEBI v. Sahara India Real Estate Corpn. Ltd. & Ors.[Item 301 in court 1 – IA 90-91/2014,104-106/2015, 119-121/2015, 144-146/2016, 132-134/2015, 135-137/2015, 138-140/2016, 141-143/2016 & 131/2015 in Conmt. Pet. (C) 412 & 413/2012 in CA 9813 & 9833/2011].Bench: Chief Justice TS Thakur, Anil R Dave, AK Sikri JJ..The dispute between SEBI and Sahara. SEBI has filed an application for appointing a receiver to auction properties of Sahara. They have also sought “action taken reports” from Sahara on negotiations for sale of properties..Today in court: Sahara today informed the court that it is selling the Grosvenor hotel in London. It also sought the court’s permission to sell 4 aircrafts, its shares in Formula 1 racing team and a hotel in Mumbai. The Bench has sought SEBI’s response on this..Delhi High Court.1. Vodafone Mobile Services Ltd & Anr Vs Telecom Regulatory Authority of India.[Item 9-10 Court 1- W.P.(C) 10985/2015 & W.P.(C) 10986/2015].Bench: Chief Justice G Rohini, Jayant Nath J. .A petition filed by Vodafone challenging a TRAI Regulation on interconnection usage charges that was aimed at lowering call rates. Vodafone has challenged the regulation on grounds of arbitrariness..Today in Court- The Bench allowed impleadment of Reliance Jio in the case and two other telecom companies. After granting the newly impleaded parties time to file their replies and Vodafone more time to file its rejoinder affidavit, the Bench adjourned the matter to February 25..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 21-28, Court 1].Bench: Chief Justice G Rohini, Jayant Nath J..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- ASG Sanjay Jain continued with his submissions and argued on how the position of the Governor was ‘unique’ to the state of Delhi. He is expected to continue with his submissions on February 4..3. Ramakant Kumar Vs Government of NCT of Delhi.[Item 30, Court 1- W.P.(C) 348/2016].Bench- Chief Justice G Rohini, Jayant Nath J. .Check evening updates..Today in Court- This case was heard alongwith the other GNCTD Vs Union of India matters..4. Delhi District Cricket Association Through its Honorary General Secretary Vs Municipal Corporation of Delhi & Ors..[Item 38, Court 7- WP (C) 7215/2011].Bench: S Murlidhar, Vibhu Bhakru JJ..A petition filed by Delhi District Cricket Association (DDCA) seeking permission to stage the fourth and final cricket test between South Africa and India at Firoz Shah Kotla ground in New Delhi..Previously, the Bench had allowed DDCA to go ahead and conduct the match. It had also directed DDCA to make payments of 50 lakhs as property tax to the South Delhi Municipal Corporation and appointed Justice (Retd) Mukul Mudgal to oversee the test match preparations at Kotla..On the last date of hearing, Justice Mudgal submitted his detailed report on the assignment to the Court..Today in Court- A supplementary report of Justice Mudgal was filed in Court which outlined, inter-alia, blueprints for hosting future matches at DDCA along with other necessary recommendations..Bombay High Court.1. Juhi Chawla Mehta & 10 ors. v. Union of India & 7 ors..[Item 3 Court 43 – PIL(O)/97/2015].Bench: V.M. Kanade, Revati Mohite Dere JJ..Today in court: Petitioner, Juhi Chawla seeks embargo on the installation of mobile phone towers in public places due to the harmful radiation emanating from them. Aspi Chinai, lawyer for a petitioner in a connected, PIL submitted that his contention was specific to RGPG’s(Recreational ground & play grounds) only..S.K. Nair, informed the court about a report submitted before the Allahabad High Court which says that this radiation is not harmful at all and it is only out of fear that this issue has been raised. He also cited a WHO report that found no evidence in these claims..Senior counsel Mihir Desai, Chawla’s lawyer, said that these reports were old and had not taken into account smartphones, which are new phenomenon..“Smartphones have added considerably to the levels of radiation.” Desai added..The matter will now be heard on February 9..2. Vanashakti Public Trust & 5 ors. v. Union of India & 9 ors..[Item 911 Court 43 – NMWST(O)/740/2015].Bench: V.M. Kanade, Revati Mohite Dere JJ..A notice for motion hearing in PIL 87 of 2013. The petitioners have contended that massive reclamation of wetland, illegal dumping & construction has taken place in the following areas – Mumbai Dahisar link road, Ghodbundar road and Vikhroli-Mulund road..An 8 member committee headed by the Chief Secretary was constituted to look into the illegal reclamation of these wetlands.The committee’s report was sought in a previous order..Today in court: The state contended that the said areas were not identified as wetlands but paddy fields and its reclamation was legal. The petitioner’s lawyer, Zaman Ali submitted that the land was identified as a wetland in the central government atlas but not in the state’s. He also stated that the Central wetland regulatory authority can assist the court in identifying whether it is a wetland or paddy field..The state has been directed to file a reply in the next hearing which is after 4 weeks..3. Bombay Environment Action Group v. Municipal Corporation of Greater Mumbai & ors..[Item 914 Court 43 – WP(O)/1762/1999].Bench: V.M. Kanade, Revati Mohite Dere JJ..Petitioners Bombay Environment Action Group highlight the poor quality of air in the city and vehicular congestion. The petition had accused the government of disincentivising public transport..This petition is being heard along with a petition regarding the implementation of the odd-even rule in Mumbai..Today in court: The matter was not taken up today and will now come up on February 9..4. Shiney Suraj Ahuja v. State of Maharashtra.[Item 35 Court 21 – APEAL(Cr)/297/2011].Bench: A.M. Thipsay J..The appeal by actor Shiney Ahuja against his rape conviction by a fast track court in March 2011. Shiney was sentenced to seven-and-a-half years term in jail for allegedly committing rape on his maid at his home in 2009..Today in court: The daily board was suspended for the day before the matter came up.
