Legal News at Vakilno1.com

Delhi HC upholds NRAI’s decision to eliminate its treasurer

The Delhi High Court upheld the National Rifles Association of India’s decision to remove its treasurer, an Uttar Pradesh government official, for continuing on the post beyond four years without the mandatory permission.

Chief Justice A K Sikri and Justice Rajiv Sahai Endlaw upheld the NRAI’s decision, dismissing sports body Treasurer Shyam Singh’s plea against his removal after his re-election in 2009. He had come to the court in an appeal against its single-judge bench’s order, upholding the NRAI’s governing body’s decision to remove him from the post in March 2011.

The bench accepted the sports body’s argument that the decision against Yadav was taken after a circular issued by the Ministry of Youth Affairs and Sports on February 4, 2010, stipulated prior governmental sanction for contesting / canvassing in election to sports bodies.

It also accepted the NRAI’s submission that as per the Department of Personnel and Training (DOPT) rule, no government servant should be allowed to hold an elective office in any sports association/federation for a term of more than four years or for one term, whichever is less.

Delhi HC holds back airing of CD featuring Singhvi

The Delhi High Court granted a permanent ban against publishing or distributing the contents of a CD allegedly depicting Congress spokesperson and senior advocate Abhishek Manu Singhvi in a compromising position.

The court’s direction came after Mukesh Kumar Lal, Singhvi’s former driver who allegedly prepared the CD, informed the court in a written statement that the matter was amicably settled between him and Singhvi.

Justice Reva Khetrapal taking on record the written submission filed by Lal passed the order restricting media houses from disseminating the contents of the CD.

Singhvi’s lawyer also told the court that the complaint filed at Gulmohar Park police station in south Delhi March 23 against Lal would be withdrawn as the matter had been amicably settled.

He claimed that he had done so because he wanted to take revenge from the Singhvi family because “one day Singhvis’ dog had bitten my wife and I felt that because of that my child was born physically challenged”.

Karnataka HC cancelled PWD notification issued by the Public Works Department

The Karnataka High Court cancelled a PWD notification to supply furniture and other wooden material and directed for a fresh tender process which was issued by the Public Works Department.

Sanjay Marketing and Publicity Services had approached the Court alleging that the PWD threw the norms to winds to benefit certain vested interests while awarding a contract to Asia Fab Tech Limited on November 18, 2011.

The Court was not pleased with submission made by the State government that the contractor had already finished half the job and any change in contract would affect the work.

The Asian Fab Tech had successfully bid for Rs 6.33 crore against the PWD’s estimated cost of Rs 5.13 crore for supply of furniture. On the other hand the petitioner had bid for Rs 4.33 crore, which the PWD rejected saying that it failed to satisfy eligibility criteria. The Court also directed the government to compensate Asian Fab Tech for whatever work it had carried out.

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Allahabad high court invalidates land acquisition for UP plant

The Allahabad high Court on Friday canceled the plan of constructing of an ambitious Rs 20,000 crore project for producing 2,640MW of power. The court allowed the writ petitions of farmers of Karchana and stalled the work given to Sangam Power Generation Company Ltd (SPGCL), an undertaking of the Jaypee Group in 2007.

However, the high court dismissed the writ petitions of farmers of Bara tehsil, challenging the notification issued by the state government for acquisition of their 777 hectare of land for the establishment of 3,200MW (three units of 660MW, expandable to two more units) of thermal power plant. The total cost of the project is around Rs 30,000 crore.

While allowing the writ petitions of farmers of Karchana, the HC quashed the state government notifications dated November 23, 2007, issued under Section 4 of the Land Acquisition Act-read with Section 17 (1) and 17 (4)-and also the notification (dated March 3, 2008) issued under Section 6 of the Act.

The judgment was delivered by a division bench of Justice Ashok Bhushan and Justice Sunita Agarwal on a bunch of writ petitions filed by Awadesh Pratap Singh and others of Bara as well as Karchana tehsils.

Right to Education Act constitutionally valid, says Supreme Court

The Supreme Court upheld the various provisions of the Right to Education Act, 2009.The apex court ruled that the RTE Act would apply to all categories of public and private schools except unaided minority schools. The SC judgement makes it clear that all schools will have to keep aside 25% of seats for poor children.

The SC said the RTE Act will not apply to those institutions run by minority organizations and which do not receive a single penny as aid either from the government or local bodies.

The apex court also said that the RTE Act would not apply to boarding schools. A bench comprising Chief Justice S H Kapadia and justices K S Radhakrishnan and Swantanter Kumar, which had reserved its verdict on August 3 last year, pronounced the verdict on the RTE Act.

The main petitioner Society for Un-aided Private Schools, Rajasthan, and a host of associations representing various private schools questioned the validity of the Act on the ground that it impinged on their rights to run the educational institutions.

Newly constructed Imphal High Court starts functioning

The New Imphal High Court building is one of the major milestones the State has achieved since attaining statehood, he said creation of a new High Court Complex would pave the way for early setting up of separate High Court of Manipur which would enable the people of the State to have easy access to justice.

While describing the day as a landmark in the institutional history of ‘justice delivery’ in Manipur, the CM also assured that he would look into the proposal for creation of 132 additional posts for the Imphal Bench of Gauhati High Court and grant necessary concurrence at the earliest.

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SC Rejects Essar Oil’s Plea in Tax Case

Supreme Court of India has rejected the India-focused energy firm Essar Energy review petition in relation to deferred sales tax. The review petition by Essar Oil was seeking a review of the Supreme Court’s decision on 17th January 2012. Now, this order has no new impact on the firm’s business.

Essar Energy stated that Essar Oil has already recognized this liability in its quarterly accounts for the quarter ended December 31, 2011. Essar Energy noted that Essar Oil is in discussion with the Gujarat Government with regard to finalizing the terms of Repayment of Sales Tax liabilities.

Simultaneously, Essar Oil is also in discussions with banks for meeting the repayment obligations as may be finalized with the Government of Gujarat, Essar Energy said.

Court cancels Karnataka Upa Lokayukta’s appointment

The Karnataka High Court on Tuesday set aside the appointment of Chandrashekaraiah, a former high court judge, as the state’s Upa Lokayukta (deputy ombudsman).

Karnataka Chief Justice Vikramjit Sen had earlier sought cancellation of retired judge Chandrashekaraiah’s appointment as Upa Lokayukta (deputy ombudsman) as it was made without consulting him.

Justice Sen opined that since he was not consulted, the appointment of Chandrashekaraiah (only one name), a retired judge of the Karnataka High Court, violates law and hence it should be annulled.

Chandrashekaraiah was sworn in January 22 and Justice Sen wrote to Chief Minister D.V. Sadananda Gowda for his “recall” on February 4.

The Karnataka Lokayukta Act says the Lokayukta and Upa Lokayutka are appointed by the Governor on the advice of the chief minister. The chief minister has to select the name in consultation with the high court chief justice, presiding officers of the state assembly and council and leaders of the opposition in the two houses of the legislature.

Reacting to Justice Sen’s demand for his recall, Chandrashekaraiah had ruled out resignation.

Supreme Court directs states to give notice to tiger reserve buffer zone

The SC orders state governments to separate and notify buffer zone around each tiger reserves within three months, an order that would regulate commercialization of revenue land around these tiger habitats to help preserve the endangered species.

A bench of Justices Dalveer Bhandari and Dipak Misra passed this order after the National Tiger Conservation Authority (NTCA) informed that about 15 tiger reserves were yet to have the benefit of buffer zone to be notified by the state governments under the Wild Life (Protection) Act.

Nod to bill that makes judges accountable

The major bill on judicial reforms was received by the government which was passed in Lok Sabha, to debar judges of the Supreme Court and High Court from making oral observations against any constitutional authorities in open courts during the hearing of cases.

Three months after he was forced to defer voting on the Judicial Standards and Accountability Bill in the house, law minister Salman Khurshid got it through amid din over the Telangana issue.

One of the key features of the bill, incorporated following a recommendation of the parliamentary panel that examined it, is the issue of oral observations made by judges during hearing of cases.

“Misbehaviour means making unwarranted comments against conduct of any constitutional or statutory institution or any chairperson or officer in general, at the time of hearing matters pending or likely to arise for judicial determination,” states the bill.

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