- SC gives Goa Assembly Speaker two more weeks to reply as he sites COVID-19 as reason for delay
Goa Assembly Speaker Rajesh Patnekar has ducked again in the case of two petitions against him before the Supreme Court for delaying the decision sought on disqualification of the MLAs who defected to the ruling Bhartiya Janata Party (BJP), many of whom became ministers.
A Bench headed by Chief Justice of India Sharad Arvind Bobde on Tuesday reluctantly allowed him two more weeks to reply and postponed hearing on both the petitions clubbed together to August 28. Two other judges on the Bench were Justices A S Bopanna and V Ramasubramanian.
In a brief identical order in the Goa disqualification matters in both the petitions, the Court said: “In view of the letter circulated by Ms Anannya Ghosh, Advocate-on-Record for Respondent No 1 seeking adjournment for filing the additional affidavit, put up after two weeks.”
The Speaker was given ample time of four weeks originally to file a reply to the petition filed by Goa Congress president Girish Chodankar on June 6 against 10 Congress MLAs defecting to the BJP to gain plum posts. He said that due to coronavirus his staff is not coming to office and so he could not get ready the affidavit in reply.
The same excuse was advanced again on Tuesday as his counsel prayed for two more weeks, citing the corona virus still prevalent in Goa.
Since the second petition of Maharashtrawadi Gomantak Party (MGP) MLA Ramkrishna (Sudin) Dhavalikar is tagged to Chodankar’s petition, hearing on it was also put off to August 28. In his petition, he has made not only the Speaker a party but also Deputy Chief Minister Manohar Ajgaonkar (62) and PWD Minister Deepak Prabhu Pausar (46) who deserted his party to become cabinet ministers.
Meanwhile, hearing in case of another petition on disqualification of six BSP MLAs to the Congress in Rajasthan before another Bench headed by Justice Arun Mishra was adjourned to Thursday to await decision of the pending petition before the High Court in Jaipur.
- Pay deferred salaries with 12% interest in two months: High Court
The Andhra Pradesh High Court on Tuesday found fault with the State government for deferred payment of 50 percent of salaries to government employees for March and April and deferred payment of 50 percent of pensions to pensioners for March.
It struck down the GOs issued by the government in this regard.
Hearing a PIL filed by retired district judge D Lakshmi Kameswari against the decision of the government in view of financial constraints arising out of lockdown, HC bench of Justice M Satyanarayana Murthy and Justice K Lalitha directed the government to pay the deferred salaries of March and April to employees and the deferred pensions of March to pensioners within two months.
The HC asked the government to pay 12 percent interest per annum on the salary and pension amount, which was deferred.
- Same-Sex Relationship: HC directs Cops to produce Woman confined by Parents
The case of forced separation of 2 women in a live-in relationship has taken a decisive turn with the High Court of Orissa being informed that the woman in the custody of her mother & uncle in Bari of Jajpur district wants to stay with her same-sex partner.
On Monday, taking serious note of it, the HC directed police to produce the ‘victim woman’ before it. The division bench of Justices SK Mishra & Savitri Ratho said, “We further direct that the Superintendent of Police, Jajpur shall secure the attendance of the victim-woman who is at present with mother & uncle & link with the Court through video conferencing at 11.00 am on Aug 17.”
The HC was hearing the petition of the 24-year-old woman who approached the Court with the grievance that her partner has been forcibly taken away by her mother & uncle. The family members of her partner are going to forcibly arrange her marriage with someone else, she had said while seeking the Court’s intervention.
The Court on July 28 directed the Jajpur SP to ascertain wishes of the victim woman, whether she wants to stay with her partner or not.When the matter came up on Monday, the court was informed by the State Govt counsel that the SP has reported that the woman in custody wants to stay with her partner.
Lawyers Clara D’Souza & S Soren appeared on behalf of the petitioner woman.
- Lawyer's House burgled, Cash and Jewellery missing
Unidentified miscreants broke into an Advocate’s house here & decamped with ₹90,000 cash, gold & silver jewellery among other valuables when the family members were away, Police said.
Mukesh Kumar Bhatnagar (45) of Sector 44, who is a practising lawyer in the High Court of Punjab & Haryana, told the Police that he & his family had gone to his father’s place in Sector 47 on the night of Aug 8 & when they returned the next morning, they found the house broken into.
Bhatnagar said the accused robbed silver & gold jewellery worth lakhs of rupees, besides other valuables & ₹90,000 cash.
Based on his complaint, the police registered a case under sections 380 & 457 of the Indian Penal Code at the Sector 34 police station.
- Supreme Court Considers Starting few Physical Courts from Next Week
A Committee of seven judges, constituted by the Chief Justice of India, convened a meeting on Tuesday, & discussed several issues, including whether physical courts can start or not, the Supreme Court Advocates On Records Association (SCAORA) said.
"The judges' Committee is seriously considering to start at least 2-3 physical courts from the next week & in the meantime, the Registry would take necessary steps to prepare the courts for physical functioning," the SCAORA said in a statement.
The Presidents of SCBA (Supreme Court Bar Association), SCAORA & Bar Council of India (BCI) Chairman, had also attended the Committee meeting held yesterday.
Supreme Court Advocates On Records Association (SCAORA) President Shivaji M Jadhav, & SCBA (Supreme Court Bar Association) President & senior Supreme Court lawyer Dushyant Dave urged the judges to start physical courts at the earliest, after taking required measures suggested by medical experts, keeping in view the COVID-19 pandemic.
The Supreme Court Advocates On Records Association (SCAORA) said that the physical courts, if possible to start, will be in addition to the now existing virtual courts & people would have the option to do virtual hearing as well.
Matters from the final hearing list published before the lockdown would be listed before the physical Courts. The final decision would be taken by the Judges committee in a day or two, the SCAORA said.
This comes as physical court hearings are halted in the Supreme Court in a bid to prevent the spread of coronavirus.
Wanted To Stay Updated & Gain Knowledge. Join Our What'sApp Group Here.
- Suspended SHO to attend son’s wedding in Police custody, rules Special CBI Court
The special court of Central Bureau of Investigation (CBI) has partly allowed interim bail to suspended SHO Jaswinder Kaur, who is accused in a bribery case, so she can attend her son’s wedding in police custody on August 14.
The court has directed her to attend the wedding ceremony from 9am till 4pm in police custody, and if required, she would be handcuffed.
Special CBI judge Sushil Kumar Garg ordered, “In the interest of justice, Burail model jail superintendent is directed to make necessary arrangements to take the accused in police custody to her son’s wedding ceremony from 9 am to 4 pm on August 14 at her expenses, and thereafter bring her back to the jail in safe custody.”
“The police authorities will be at liberty to handcuff the accused if deemed necessary and the circumstances so required for the jail superintendent is also directed to take all the precautionary measures for Covid-19 before taking the applicant to the event and reverting back to judicial lockup,” the order added.
The suspended SHO had filed a petition on August 6, seeking interim bail from August 13 to 15 for participating in and performing necessary rituals and ceremonies for her son’s wedding in Chandigarh.
“The petitioner being the mother has to participate in the marriage function, perform necessary ceremonies and rituals as per custom and also meet and greet the guests who will come at the function,” stated her application.
Kaur has said in her plea that she will neither visit the Manimajra police station nor will she directly or indirectly meet or communicate with persons or witnesses connected with the present case. Her movement will be restricted to her residence and the hotel, which is the wedding venue.
On Tuesday, her judicial custody has also been extended further for 14 days.
Wanted To Stay Updated & Gain Knowledge. Join Our What'sApp Group Here.
- COVID-19: Another District Court Judge tests positive
Three days after an Additional District & Sessions Judge tested Coronavirus positive, another Judge of the District Court, Chandigarh, tested positive today.
As per information, Punita Bashamboo, Judicial Magistrate (First Class), contracted the virus. The District & Sessions Judge has assigned her duties to Mandeep Singh Kainth, Civil Judge-cum Judicial Magistrate (First Class), for Aug 11, 13 & 15 in addition to his own duties.
The staff that came in contact with the Judge over the last few days has been asked to go for self-quarantine.
In a separate order, the District & Sessions Judge has asked Bashamboo not to attend office.
The case has come at a time when Registrar-General of the HC has sought suggestions from the District & Sessions Judges on limited physical hearing in district & subordinate courts.
The HC, as well as Subordinate Courts in Punjab, Haryana & Chandigarh, are working in a restricted manner.
- High Court: Negation of the Caste Certificate will not be a Bar for the Interviewee
On 10th August 2020 the Bombay High Court in the case Deepali Satyawan Bhadekar and Others v. State of Maharashtra and Others, comprising of Justice Ujjal Bhuyan and Smt. Anuja Prabhudessal, held that negation of the Caste Certificate will not restrict the interview of a deserving candidate.
It is contended that the Applicants had appeared for the Maharashtra Forest Service(Main) Examination, 2019 that is conducted by the Maharashtra Public Service Commission under the reserved category. Applicant No. 1 qualified the examination and was asked to appear for the interview on 13.08.2020, in the Office of the Divisional Commissioner, Pune.
As the Applicant no. 1 had appeared in the examination as a reserved category candidate, she was asked to bring the Caste Certificate along with her for her interview.
The submissions of the Applicant-
It has been argued by the learned counsel of the applicant a Writ Petition No. 2142 of 2019 has been filed against Respondent No. 2 as the caste certificate of the applicant was invalidated by the Respondent. The counsel opined that if the Applicant is restricted from appearing in the interview due to the invalidation of the caste certificate, it will amount to prejudice that will have to affect the future prospects of the applicant.
The Learned Assistant Government Pleader(AGP) stated that he has not got any instructions in this regard.
ORDER-
The Court after observing the facts of the case directed that the interview of Applicant No. 1 shall be conducted on the scheduled date that is 13.08.2020 or any other date. The output of the interview shall be kept in a sealed cover and may be made subject to the outcome of the writ petition.
In view of the above reasons, the interlocutory application is disposed of and this Order will be digitally signed by the Private Secretary of the Court. All the concerned parties will act according to the order which shall be provided to them either by fax or email.
- Fitness brand Talwalkars dragged to Bankruptcy Court by Axis Bank over unpaid dues
Old-time gymnasiums operator Talwalkars has been dragged to the Bankruptcy Court by Axis Bank NSE 0.45 % over unpaid dues, according to people aware of the matter.
The claim was filed by Axis Bank at the national company law tribunal’s (NCLT) Mumbai bench against Talwalkars Healthclubs NSE -3.92 %, court filings reveal.
An Axis Bank-led group has granted loans of Rs. 500 crore to the company. Axis Bank’s own exposure to the company is estimated at Rs. 120 crore. Its petition is pending hearing at NCLT.
Axis Bank & Talwalkars were yet to respond to news agency's queries.
Talwalkars Healthclubs is a publicly traded company that was created by spinning off the gymnasiums business two years ago. Talwalkars also operates a wellness business which is housed in Talwalkars Better Value Fitness.
The fitness company that was established in the 1930’s went on an expansion spree at the turn of the century. It opened fitness clubs across cities, entered into joint ventures involving high profile celebrities & even pursued international expansion through an acquisition in Sri Lanka.
One of its joint ventures with yoga entrepreneur Sarvesh Shashi boasted investors such as Jennifer Lopez, David Giampaolo, Mark Mastrov, Alex Rodriguez, Malaika Arora & former HDFC Bank NSE -0.34 % top honcho Paresh Sukthankar.
Talwalkars group companies revealed in a stock exchange filing in Oct 2019 that they were in default of certain payment obligations to lenders.
- High Court grants an Anticipatory Bail to an accused, for accusation under Section 504, IPC
On 7th August 2020 the Nagpur Bench of the Bombay High Court, comprising of Justice S.M. Modak in the case Vinod Bapurao Khedkar and Ors. v, State of Maharashtra, granted Anticipatory Bail under Section- 439 of Indian Penal Code, 1860 to an accused charged for the Intentional insult with intent to provoke breach of the peace.
Facts
The Appellant was accused of offenses under Sections 294( Obscene acts and songs), section- 504( Intentional insult with intent to provoke breach of the peace), section-506( Punishment for Criminal Intimidation), section- 34( Acts done by several persons in furtherance of common intention) of the Indian Penal Code, 1860; along with 3(1) (b) (c) (r) (s) and 3(1) (w) (ii) of the Scheduled Castes and the Scheduled Tribes( Prevention of Atrocities Act, 1989).
The Appellant on the apprehension of arrest filed an application for Anticipatory Bail, but the Court rejected the application. The Appeal has been filed as it is stated that the Informant and the Appellant are neighbors. The Appellant wanted to construct a compound wall, but this was refuted by the Informant.
However, the Nagar Parishad gave permission to the Appellant for constructing the wall. The incident occurred on 4th June, 28th June 2020. The first incident took place in the Office of Nagar Parishad, Anjangaon, Urji, while the second incident occurred outside the house of the first informant. It was alleged by the Informant that there were abuses on the basis of Caste.
Arguments of the Appellant-
The Learned Counsel of the Appellants Shri S. M. Vaishnav relied upon the case Pradnya Pradeep Kenkare and Another v. State of Maharashtra 2005(3) Mh .L.J. 368, in which it was held that the incident shall be accessible to the public and it shall have taken place at a public place. To decide whether these elements were fulfilled in the present case, a detailed hearing is a must.
Order-
The Court granted ad Interim protection to the Appellants. The Investigating Officer has been directed to release the Appellants on bail on furnishing personal bond of Rs. 15,000 each.
The Appellants have to be present in the Anjangaon Police Station every Monday from 11:00 am to 1:00 pm.
This Order shall be communicated to the concerned parties either by E-mail or WhatsApp or any other mode as per the provisions of Law. The next date of hearing is fixed for 18 August 2020.
Wanted To Stay Updated & Gain Knowledge. Join Our What'sApp Group Here.
- Contempt of Court petition filed against Oyo, founder Ritesh Agarwal and directors in HC
A Contempt of Court plea has been filed in the High Court of Delhi against Oyo, Founder Ritesh Agarwal, & directors Anuj Tejpal & Rakesh Kumar by hospitality firm Anam Datsec, for failing to submit an affidavit listing its unencumbered assets as per a July 7 order from the court.
Oyo on its part, as per a report by the news agency, said that there was “no merit” in the contempt petition as it had already submitted the list to the court. The contempt petition & further case hearing will be conducted on Aug 20.
The order, per which the list & response was to be submitted within two weeks, was given while hearing a case against Oyo for non-payment of dues to Anam Datsec for its Golden Sands property in Calangute, Goa. The latter had sought Rs 8 crore in damages.
Besides the list, Oyo was also required to submit an affidavit to the registry in a sealed cover. Akash Nangia, director of Anam Datsec & founder of startups Techjockey.com & SISL Infotech said as per the report that they had received Oyo’s reply but without the list. “When we reached out to them over emails, they went unanswered. So, we moved the petition in the court today,” he said.
An Oyo spokesperson said as per the report that the High Court has not issued the company any notice after the contempt petition was filed adding that the Court’s orders were complied with.
They added, “There is no case of contempt against Oyo whatsoever. Oyo informed the court that the dispute must be finally adjudicated by the arbitral tribunal as agreed by the two parties".
- PMC Bank Case: HC says consider liquidating some of the Wadhawans' assets
The Delhi High Court has recommended that Punjab & Maharashtra Co-operative Bank's (PMC Bank) administrators should consider liquidating at least some assets belonging to the Wadhawans.
The Administrator's counsel said he will discuss the matter with PMC Bank.
The Delhi HC said once the assets are sold, the proceeds can be distributed among the depositors. The court will next hear the case on September 15.
An affidavit in relation to the matter will be filed before the next hearing, which will also mention any criminal proceedings initiated against the Wadhawans.
The Delhi HC was hearing a plea by petitioner Sandeep Bhalla and others seeking directions to the Reserve Bank of India (RBI) to release a statement on the safety of the deposits held in PMC Bank, and to ensure depositors get their money back.
HDIL promoters Rakesh Wadhawan and Sarang Wadhawan are the main accused in the alleged Rs 4,335 crore PMC Bank scam. The lender currently has an exposure to HDIL due to loans granted to the company.
PMC Bank was placed under directions by the RBI in September 2019, and withdrawals have been capped at Rs 1 lakh till December 22, 2020.
The Enforcement Directorate and Economic Offences Wing of the Mumbai police are investigating the alleged scam.
0 Comments