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Showing posts from September, 2024

Bar Council of India Removes 107 Fake Advocates from Delhi Roll to Uphold Legal Integrity

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Bar Council of India Removes 107 Fake Advocates from  Delhi Roll to Uphold Legal Integrity The Bar Council of India (BCI) has taken decisive action in a sweeping initiative aimed at maintaining the integrity of the legal profession by removing 107 fake advocates  from the Roll of Advocates in Delhi  between 2019 and October 2024. This step comes as part of the BCI's rigorous verification process to ensure that only qualified, genuinely practising advocates remain in the profession, ultimately upholding public trust in the legal system. Strengthened Verification Framework Under Rule 32 This effort falls under Rule 32 of the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 . The BCI  amended Rule 32 on June 23, 2023 , which empowered the BCI to verify, identify, and systematically remove unqualified and fake advocates from the Roll. The rule amendment has made the process of weeding out non-compliant individuals significantly more efficient. Accordi

Supreme Court Judgment on the Auction Sale of Mula Sahakari Soot Girni Ltd. Property: A Detailed Analysis

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Supreme Court Judgment on the Auction Sale of Mula Sahakari Soot Girni Ltd. Property: A Detailed Analysis Introduction In Civil Appeal No. 8343 of 2024 (arising from SLP(C) No. 16901 of 2024), the Ahmednagar District Central Cooperative Bank Ltd. (Appellant) challenged the High Court of Judicature at Bombay’s dismissal of its writ petition regarding the auction sale of property belonging to Mula Sahakari Soot Girni Ltd. (under liquidation). The appellant contested the auction sale based on two major issues: undervaluation of the property and the participation of fewer than three bidders , claiming these issues led to an unjust outcome.  Background and Facts of the Case Loan Sanctioning and Default The appellant had sanctioned a cash credit loan of ₹95 lakh  to the Mula Sahakari Soot Girni Ltd. (referred to as "the society"). When the society defaulted on loan repayment, the appellant lodged a dispute with the Registrar of Cooperative Societies in 2001  for recovery of ₹1

Plea in Delhi High Court Raises Concerns Over Mobile Apps Sharing Sensitive Vehicle Owner Data

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Plea in Delhi High Court Raises Concerns Over Mobile Apps Sharing Sensitive Vehicle Owner Data A petition has been filed in the Delhi High Court raising serious concerns about mobile applications that allow third-party access to the personal and sensitive information of vehicle owners. The plea, filed by Gopal Bansal , a practicing advocate, highlights potential privacy violations and security risks caused by these apps providing easy access to information such as the vehicle owner's name , address , and vehicle details . Key Points of the Petition 1. Access to Sensitive Information: The petitioner argued that the ease with which these apps provide access to personal information could result in misuse , with malicious intent. He claimed that this could jeopardize the safety and privacy of vehicle owners. 2. Judges and Senior Advocates Targeted: In his petition, Bansal stated that he was able to obtain information about vehicles reportedly used by judges and senior advocat

Supreme Court Petition Filed for SIT Formation in Badlapur Encounter Case

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 Supreme Court Petition Filed for SIT Formation in  Badlapur Encounter Case A petition has been filed in the Supreme Court of India seeking the formation of a Special Investigation Team (SIT) to probe the Badlapur encounter case. The petitioner, advocate Ghanshyam Upadhyay , is requesting a thorough investigation into the alleged police encounter of Akshay Anna Shinde , the main accused in the Badlapur incident, which has gained nationwide attention, especially in Maharashtra. Key Requests of the Petition The petition seeks several critical actions to ensure transparency and justice: 1. Formation of an SIT: The petitioner urges the Supreme Court to constitute an SIT to investigate the Badlapur encounter. This SIT should consist of officials of impeachable character , drawn not only from the Central Bureau of Investigation (CBI) but also from other agencies outside the direct or indirect control of the Maharashtra state government or political parties in power. 2. Retired Supreme C

Supreme Court Decision: V. Senthil Balaji vs The Directorate of Enforcement

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Supreme Court Decision: V. Senthil Balaji vs  The Directorate of Enforcement Background and Case Summary The case under discussion is Criminal Appeal No. 4011 of 2024 , which arose from Special Leave Petition (Crl.) No. 3986 of 2024 . V. Senthil Balaji, a former Transport Minister in Tamil Nadu (2011-2016), was accused of involvement in a significant job racketeering scheme. The charges against him primarily relate to the Prevention of Money Laundering Act (PMLA), 2002 . Allegations The allegations stem from several FIRs filed between 2015 and 2018, which accuse Balaji of promising jobs in the Transport Department in exchange for money. It was claimed that Balaji, along with his associates, collected large sums of money for posts like drivers, conductors, junior tradesmen, and engineers. Over 2,000 individuals were named as accused , and multiple chargesheets  were filed under sections of the Indian Penal Code (IPC) , the Prevention of Corruption Act, 1988 , and the PMLA. The Enforceme

Supreme Court Directs Implementation of Guidelines on Child Safety and Security in Schools Across States and Union Territories

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Supreme Court Directs Implementation of Guidelines  on Child Safety and Security in Schools Across  States and Union Territories In a significant ruling on child safety , the Supreme Court of India  has directed all states and union territories to implement the Centre’s guidelines  on the safety and security of children in schools. The court also tasked the National Commission for Protection of Child Rights (NCPCR) with coordinating and monitoring the implementation of these guidelines. Supreme Court’s Direction on Child Safety A bench comprising Justices BV Nagarathna and N Kotiswar Singh noted that the Centre had already notified the guidelines on child safety and directed the union government  to ensure that copies of the guidelines are sent to chief secretaries or their equivalent officers in each state and union territory.  The NCPCR  was entrusted with coordinating with state governments and seeking status reports on the implementation of these guidelines, ensuring that ch

Supreme Court Calls NRI Quota a "Fraud": Time to End the Misuse in Medical College Admissions

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Supreme Court Calls NRI Quota a "Fraud": Time to End the Misuse in Medical College Admissions In a landmark decision, the Supreme Court of India  has made it clear that the Non-Resident Indian (NRI) quota  in medical college admissions has been severely misused and must be stopped. The Court dismissed three petitions that challenged the Punjab and Haryana High Court's  ruling, which had quashed a Punjab government notification aimed at amending the conditions for NRI quota admissions in medical colleges. The apex court called the entire system a "fraud" that is damaging India’s education system and must come to an end. The Problem: The Misuse of NRI Quota The original intention behind the NRI quota was to offer Non-Resident Indians  (Indian citizens living abroad) and their children a way to secure education opportunities in India. The idea was to keep them connected to the country by providing them with some level of preference, particularly in sectors like

Defamation Case Against Delhi CM Atishi Marlena, Arvind Kejriwal Set for Arguments on Charge

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Defamation Case Against Delhi CM Atishi Marlena,  Arvind Kejriwal Set for Arguments on Charge In a significant development, the Rouse Avenue Court in Delhi has scheduled the hearing of a defamation case against Delhi Chief Minister Atishi Marlena , former CM Arvind Kejriwal , and other Aam Aadmi Party (AAP) leaders for October 3, 2024 . The case, filed by BJP leader Rajeev Babbar in 2020, accuses the AAP leaders of making defamatory statements against the BJP, allegedly damaging the party’s reputation. Background of the Defamation Case The defamation case was initiated by Rajeev Babbar, a BJP leader from Delhi, who alleged that Arvind Kejriwal , Atishi Marlena , and other senior AAP leaders falsely accused the BJP of orchestrating the removal of 30 lakh names from the Delhi electoral rolls. These voters, Babbar contended, were primarily from the Baniya , Muslim , and Poorvanchali communities. The accusations, made during the run-up to the 2020 Delhi Assembly elections, sought to pa

India and the US: Strengthening Tech Innovation & Collaboration with Global Leaders

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India and the US: Strengthening Tech Innovation & Collaboration with Global Leaders As part of his three-day visit to the United States, Prime Minister Narendra Modi  engaged with top CEOs from the global technology sector, emphasizing India’s commitment to innovation , technology , and collaboration in cutting-edge industries. The roundtable discussions took place in New York , where PM Modi assured leaders from some of the world’s most influential tech companies of India’s focus on intellectual property protection and fostering an innovation-driven economy . Technology and Innovation: The Focus of PM Modi’s Discussions At the heart of his interactions, PM Modi spoke about the immense potential India offers  for collaboration in advanced areas such as Artificial Intelligence (AI) , quantum computing , semiconductors , and biotechnology . The roundtable included influential figures such as Shantanu Narayen (CEO of Adobe), Sundar Pichai (CEO of Google), Arvind Krishna (CEO of

Delhi High Court Allows Minority College Students to File Nominations for DUSU Elections

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Delhi High Court Allows Minority College Students to File Nominations for DUSU Elections In a significant ruling, the Delhi High Court granted interim relief to two students from Shri Guru Nanak Dev Khalsa College and Shri Guru Govind Singh College of Commerce , allowing them to file their nominations for the upcoming Delhi University Students Union (DUSU)  elections. The Court's intervention came after a petition was filed challenging the decision of three minority colleges to dissociate themselves from the elections. The Petition and Key Players The petitioners, Rachit Rai and Utkarsh Bhatt, are students of the above-mentioned colleges and had approached the Delhi High Court seeking relief after their colleges announced their withdrawal from the DUSU elections . The students, represented by Advocate Shashank Shekhar Jha, argued that the dissociation of their colleges from the elections was abrupt and challenged the colleges’ decision under the guise of their minority status pro

Political Row Over Tirupati Laddu: Allegations of Animal Fat Use Lead to Nationwide Outcry

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Political Row Over Tirupati Laddu: Allegations of Animal Fat  Use Lead to Nationwide Outcry A major political controversy has erupted in Andhra Pradesh following allegations that animal fat was used in the preparation of the sacred Tirupati Laddu , a prasadam offered at the Sri Venkateswara Temple in Tirupati. These claims, initially made by Andhra Pradesh Chief Minister N Chandrababu Naidu , have triggered a fierce political battle between the ruling Yuvajana Sramika Rythu Congress Party (YSRCP) and the opposition Telugu Desam Party (TDP) . Naidu’s Allegations and Political Fallout The controversy started when CM Chandrababu Naidu accused the previous YSRCP government of using substandard ingredients , including animal fat , in the making of the Tirupati laddus . This claim, made in a public statement, sparked an immediate backlash from the YSRCP, which accused Naidu of "politicizing religious matters" for electoral gain. YSRCP leaders  have vehemently denied the alle

Petition Filed in Supreme Court Seeks Timely Appointment of Judicial and Technical Members for GST Tribunals

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Petition Filed in Supreme Court Seeks Timely Appointment of Judicial and Technical Members for GST Tribunals A Public Interest Litigation (PIL)  has been moved in the Supreme Court  of India, urging the Central Government to expedite the process of appointing judicial and technical members to the Goods and Services Tax (GST) Appellate Tribunal . Filed by Advocate Anoop Prakash Awasthi , the petition seeks to operationalize the tribunal across India, ensuring a functional and streamlined process for GST-related disputes . The petitioner also requests the identification of suitable premises, development of a website, and allocation of budgets to facilitate the smooth functioning of these tribunals. Long-Pending Establishment of the GST Appellate Tribunal The Goods and Services Tax (GST) was implemented in India in 2017 , marking one of the most significant indirect tax reforms in the country’s history. However, one major issue that remains unresolved since the enactment of the Centra

AAP MLA Amanatullah Khan Challenges Arrest: Claims Unprecedented Assault on Fundamental Rights

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AAP MLA Amanatullah Khan Challenges Arrest: Claims Unprecedented Assault on Fundamental Rights Amanatullah Khan , a prominent Aam Aadmi Party (AAP)  MLA from Okhla , has approached the Delhi High Court , challenging his recent arrest by the Enforcement Directorate (ED) . In his petition, Khan argues that his arrest not only violates his fundamental rights  but also represents a misuse of legal powers for political motives. He terms his arrest as an “unprecedented assault” on the basic rights enshrined in the Indian Constitution . Allegations and Arrest Khan was arrested in connection with a money laundering case  related to alleged irregularities during his tenure as the Chairperson of the Delhi Waqf Board . The case also involves the acquisition of a Rs 36 crore property in Okhla. The Enforcement Directorate (ED) has been investigating Khan's financial dealings as part of its broader scrutiny into alleged financial mismanagement and disproportionate assets during his time as

Supreme Court Expresses Concern Over CBI’s Disturbing Findings in Kolkata Doctor’s Rape and Murder Case

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Supreme Court Expresses Concern Over CBI’s Disturbing Findings in Kolkata Doctor’s Rape and Murder Case In a recent hearing, the Supreme Court of India voiced its deep concern regarding the disturbing findings presented by the Central Bureau of Investigation (CBI) in the ongoing investigation into the rape and murder of a doctor at RG Kar Medical College and Hospital , a state-run facility in Kolkata, West Bengal . The case, which the Supreme Court took up suo motu , has brought attention to severe discrepancies in the investigation, particularly in the handling of evidence and the overall probe process. CBI’s Findings Raise Alarm in the Court A bench comprising Chief Justice of India DY Chandrachud , along with Justices JB Pardiwala and Manoj Misra , expressed their dismay after reviewing the status report submitted by the CBI. The court stated that the findings in the report are "really disturbing," and echoed concerns raised by a lawyer regarding inconsistencies, such

Constitutional Provisions for Appointment of Chief Justice of High Courts

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Constitutional Provisions for Appointment of Chief Justice of High Courts The appointment of Chief Justices of High Courts in India is governed by several constitutional provisions and guidelines laid down by the Supreme Court Collegium . The Constitution of India , particularly Articles 217 and 222 , outlines the framework for the appointment of Judges and Chief Justices  of High Courts. In conjunction with these, the Memorandum of Procedure (MoP) , developed based on various Supreme Court rulings, plays a crucial role in guiding the appointment process. Article 217: Appointment of High Court Judges Article 217 of the Constitution lays down the qualifications and procedure for the appointment of Judges to High Courts . According to this Article: - A Judge of a High Court , including the Chief Justice , is appointed by the President of India . - The President consults with the Chief Justice of India (CJI) , the Governor of the respective state , and sometimes the Chief Justice of the

Supreme Court Dismisses Appeal in the Dispute Over Trust Property of Kamakala Kameshwarar Temple

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Supreme Court Dismisses Appeal in the Dispute Over Trust Property of Kamakala Kameshwarar Temple On September 13, 2024 , the Supreme Court of India dismissed the civil appeal in Civil Appeal No. 8374 of 2024 , involving the dispute over the ownership and title of a trust property related to the Kamakala Kameshwarar Temple . The appeal, filed by Sri Siddaraja Manicka Prabhu Temple , challenged the judgment passed by the Madras High Court on October 26, 2017 , which had upheld the decision that the disputed property was trust property and not under the absolute ownership of the appellant. Background of the Case The case revolves around the ownership of an immovable property adjacent to the Kamakala Kameshwarar Temple (referred to as the "suit property"). This property, along with the temple, was originally owned by Rai Raja Eswardoss Diawanth Bahadur , whose son and grandson, T. Lakshmidoss and T. Venkataprasad , were declared insolvents by the Madras High Court in 1914 . A

Oberoi Hotel Group Family Dispute: Delhi High Court Issues Injunction on PRS Oberoi’s Shares

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Oberoi Hotel Group Family Dispute: Delhi High Court  Issues Injunction on PRS Oberoi’s Shares In a significant development in the Oberoi Hotel Group family dispute, the Delhi High Court on September 12, 2024, issued an interim order in favor of Anastasia Oberoi, daughter of the late veteran hotelier PRS Oberoi. The lawsuit, filed by Anastasia, has brought into focus the contentious issue of inheritance and the control of shares in EIH Limited, which manages the renowned Oberoi and Trident hotel chains. The Dispute: Control Over PRS Oberoi’s Estate The lawsuit was filed by Anastasia Oberoi, alleging that her brother Vikramjit Oberoi, sister Natasha Oberoi, and cousin Arjun Oberoi, along with the executors of PRS Oberoi’s will, were conspiring to obstruct the execution of the will and manipulate the distribution of shares and properties left behind by their late father. The case revolves around the control of the family’s substantial holdings in EIH Limited, Oberoi Hotels Pvt. Ltd., and