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N. V. SRINIVASAN, B.Sc., B.L., M.Phil

NVS & Associates, Advocates & Legal Consultants N.V. Srinivasan commenced his legal practice before the High Court of Madras in 1972, and has specialized in […]

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Comments Off on ED files charge sheet against Kashmiri separatist leader Shah

ED files charge sheet against Kashmiri separatist leader Shah

News 4 hours ago

ED files charge sheet against Kashmiri separatist leader Shah

ED files charge sheet against Kashmiri separatist leader Shah

The Enforcement Directorate (ED) today filed a charge sheet against Kashmiri separatist leader Shabir Shah and a suspected hawala dealer in connection with a 2005 money laundering case filed against him for alleged terror financing.

The final report, filed before Additional Sessions Judge Sidharth Sharma, also named the alleged hawala dealer Mohammed Alsam Wani, who is in judicial custody along with Shah.

The case dates back to August 2005 in which the Delhi Police’s Special Cell had earlier arrested Wani.

Wani had then claimed that he had given Rs 2.25 crore to Shah, following which the ED had registered a criminal case under the Prevention of Money Laundering Act (PMLA) against the duo.

Shah was arrested by the ED on July 25. The agency arrested Wani on August 6.

( Source – PTI )

The post ED files charge sheet against Kashmiri separatist leader Shah appeared first on Legal News India – News Updates of Advocates, Law Firms, Law Institutes, Courts & Bars of India.

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Comments Off on Bombay HC Grants Anticipatory Bail To Woman After Holding That FIR Against Her Was An Afterthought

Bombay HC Grants Anticipatory Bail To Woman After Holding That FIR Against Her Was An Afterthought

News 10 hours ago

Nitish Kashyap

The Bombay High Court has granted anticipatory bail to a woman booked under Section 3 (x)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, as it was found that the FIR was registered against her by people against whom she had filed a case of assault five months earlier.

A bench of Justice Ranjit More and Justice Sadhana Jadhav was hearing an anticipatory bail application (ABA) filed by one Mamta Jadhav, who filed an appeal against the order dated July 15, 2017, of the sessions court wherein her ABA was rejected.

Case Background

An incident occurred on February 10, 2017, as a result of which Mamta filed an FIR against the complainant in this case along with three others. She alleged that the all four accused threatened her, outraged her modesty and assaulted her.

An FIR was filed at Dadar Police Station on the same day of the incident for offences punishable under sections 341 (wrongful restraint), 354 (assault or criminal force to woman with intent to outrage her modesty), 323 (punishment for voluntarily causing hurt), 504 (intentional insult with intent to provoke breach of the peace), 506 (criminal intimidation), 114 (abettor present when offence is committed) of the Indian Penal Code.

In respect to the very same incident, the accused filed an FIR against Mamta almost five months later on June 26, 2017, for committing atrocities under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Thus, the court concluded that the FIR against Mamta was an afterthought and decided to allow her application for anticipatory bail.

3 total views, 3 today

Comments Off on States to frame rules for appointments in pollution boards: SC

States to frame rules for appointments in pollution boards: SC

News 12 hours ago

States to frame rules for appointments in pollution boards: SC

States to frame rules for appointments in pollution boards: SC

The Supreme Court today directed all state governments to frame guidelines or recruitment rules within six months for appointment of suitable professionals in the State Pollution Control Boards (SPCBs).

It set aside the August 24, 2016, order of National Green Tribunal (NGT) directing the state governments to reconsider the appointments and laying down guidelines for appointments in SPCBs, saying it exceeded its jurisdiction.

A bench of Justices M B Lokur and Deepak Gupta also granted liberty to “public spirited individuals” to move the concerned High Court, if any person who does not meet the statutory or constitutional requirements was appointed as the Chairperson or a member of any SPCB or was currently continuing in such posts.

“We are of the view that it would be appropriate, while setting aside the judgment and order of the NGT, to direct the executive in all the States to frame appropriate guidelines or recruitment rules within six months, … and ensure that suitable professionals and experts are appointed to the SPCBs,” the bench said.

It said that the concern was not lack of professional expertise as there was plenty available in the country, but lack of “dedication and willingness to take advantage of the resources available and instead benefit someone close to the powers that be”.

“With this couldn’t-care-less attitude, the environment and public trust are the immediate casualties. It is unlikely that with such an attitude, any substantive effort can be made to tackle the issues of environment degradation and issues of pollution”, the bench said.

Observing that though the NGT was faced with the same situation, the court said it appreciated the tribunal’s frustration over the scant regard for the law by some state governments, but it was still necessary to exercise restraint.

The bench said that “unfortunately” despite suggestions, recommendations and guidelines the SPCBs continue to be manned by “persons who do not necessarily have the necessary expertise or professional experience to address the issues for which the SPCBs were established by law”.

The court said that apart from the central government, several authorities and committees constituted since 1984, have applied their mind to the issue of appointment of members of the SPCBs.

“All these suggestions and recommendations are more than enough for making expert and professional appointments to the SPCBs being geared towards establishing a professional body with multifarious tasks intended to preserve and protect the environment and consisting of experts,” it said.

Justice Lokur who penned down the verdict for the bench said that any contrary view or compromise in the appointments would render the exercise undertaken by all these committees completely irrelevant and redundant.

“While it is beyond the jurisdiction of the NGT and also beyond our jurisdiction to lay down specific rules and guidelines for recruitment of the Chairperson and members of the SPCBs, we are of opinion that there should be considerable deliberation before an appointment is made and only the best should be appointed to the SPCB,” the bench said.

The court, however, cautioned that the state governments do not have “unlimited discretion” or power to appoint anybody that it chooses to do.

Referring to the direction of NGT for issuing guidelines for appointment of officials in SPCBs, the bench said “it is for each State Government to consider and decide what is the right thing to do under the circumstances should an unqualified or inexperienced person be appointed or should the SPCB be a representative but expert body?”

The bench, however, clarified that those officials who were removed pursuant to the order of the NGT, have an independent cause of action and they can challenge their removal in appropriate and independent proceedings.

“This is an issue between the removed official and the State Government – the removal is not a public interest issue and we cannot reverse the situation,” the bench said in a verdict on a batch of appeals against the verdict of green panel.

The apex court however agreed with the NGT’s view that appointments in SPCBs, should not be made casually or without due application of mind, considering the duties, functions and responsibilities of these boards.

“There can be no doubt that protection and preservation of the environment is extremely vital for all of us and unless this responsibility is taken very seriously, particularly by the State Governments and the SPCBs, we are inviting trouble that will have adverse consequences for future generations,” it said.

( Source – PTI )

The post States to frame rules for appointments in pollution boards: SC appeared first on Legal News India – News Updates of Advocates, Law Firms, Law Institutes, Courts & Bars of India.

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Comments Off on SC to hear in Oct plea to restore order banning firecrackers

SC to hear in Oct plea to restore order banning firecrackers

News 12 hours ago

SC to hear in Oct plea to restore order banning firecrackers

SC to hear in Oct plea to restore order banning firecrackers

The Supreme Court today said it would next month hear a plea seeking restoration of its November 2016 order banning firecrackers in the national capital.

The top court, in its September 12 order, had temporarily lifted its last year’s order suspending the permanent licences for sale of firecrackers in the National Capital Region (NCR).

The matter was today mentioned before a bench comprising Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud when it was about to rise for the day.

The court was told that the plea was taken up for hearing before another bench which refused to hear the same.

Earlier in the day, the plea came up for hearing before a bench of Justices M B Lokur and Deepak Gupta, which said that “the matter will go before some other bench.”

The fresh plea was filed by one Arjun Gopal seeking recall of the recent order permitting sale of firecrackers in Delhi-NCR, which the bench said will be heard in the first week of October.

The apex court had on September 12 temporarily lifted the ban on sale of firecrackers but had said this order might require a “review” after Diwali depending on the ambient air quality after the festival.

It had also set up a committee to study the impact of the firecrackers on the health of Delhi’ites during the upcoming festivals and directed the police to slash by half the number of temporary licences this year compared to last year and cap it at 500.

The apex court had on November 11 last year suspended all licences which “permit sale of fire works, wholesale and retail within the territory of NCR”.

( Source – PTI )

The post SC to hear in Oct plea to restore order banning firecrackers appeared first on Legal News India – News Updates of Advocates, Law Firms, Law Institutes, Courts & Bars of India.

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Comments Off on We are not Gods: SC to petitioner

We are not Gods: SC to petitioner

News 12 hours ago

We are not Gods: SC to petitioner

We are not Gods: SC to petitioner

“We are not Gods. Don’t ask us to do things which only the God can do.”

This is how the Supreme Court expressed its helplessness when a petitioner sought its directions to “abolish” mosquitoes from the country.

“We cannot go to everybody’s house and say there is a mosquito or a house fly, so remove it,” a bench of Justices Madan B Lokur and Deepak Gupta said.

“What you are asking us to do, only the God can do. Do not ask us to do things which only the God can do. We are not Gods,” it said.

Rejecting the petition filed by one Dhanesh Ieshdhan, the bench said “there is a way to file a petition”.

When Ieshdhan sought framing of “unified guidelines to abolish mosquitoes which cause mosquito-borne diseases”, the bench said, “we do not think any court can pass such direction to the authorities to eliminate mosquitoes from the country”.

The petitioner told the court that a similar plea was also dismissed in 2015 by the top court, which had later on its own taken cognisance of the issue in the matter related to dengue and other vector-borne diseases in Delhi.

The petitioner also said that the government authorities should be made accountable for the loss of life due to such diseases.

( Source – PTI )

The post We are not Gods: SC to petitioner appeared first on Legal News India – News Updates of Advocates, Law Firms, Law Institutes, Courts & Bars of India.

3 total views, 3 today

Comments Off on அயோத்தி வழக்கில் பார்வையாளர்கள் நியமனம்

அயோத்தி வழக்கில் பார்வையாளர்கள் நியமனம்

News 21 hours ago

பைசாபாத்: உ.பி., மாநிலம் அயோத்தியில் உள்ள சர்ச்சைக்குரிய, ராமஜென்ம பூமி – பாபர் மசூதி அமைந்துள்ள இடத்தின் பார்வையாளர்களாக, இரண்டு, கூடுதல் மாவட்ட நீதிபதிகளை, அலகாபாத் உயர் நீதிமன்றம் நியமித்துள்ளது.உத்தர பிரதேசத்தில், பா.ஜ.,வை சேர்ந்த, யோகி ஆதித்யநாத் முதல்வராக உள்ளார். இந்த மாநிலத்தின், …

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Comments Off on பசு பாதுகாவலர்களால் வன்முறை : மாநில அரசுகளுக்கு கோர்ட் உத்தரவு

பசு பாதுகாவலர்களால் வன்முறை : மாநில அரசுகளுக்கு கோர்ட் உத்தரவு

News 21 hours ago

புதுடில்லி: பசு பாதுகாப்பு என்ற பெயரில், வன்முறை சம்பவங்கள் நடக்காமல் தடுக்க, உயர் போலீஸ் அதிகாரிகளை நியமித்து, சட்டம் – ஒழுங்கை பாதுகாக்க, மாநில அரசுகளுக்கு, உச்ச நீதிமன்றம் உத்தரவிட்டு உள்ளது.நாட்டின் பல மாநிலங்களில், பசு பாதுகாவலர்கள் என்ற பெயரில், முஸ்லிம்கள் மற்றும் தலித்துகள் மீது, …

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Comments Off on கார்த்தி வெளிநாடு போனது ஏன்? : சுப்ரீம் கோர்ட்டில் சி.பி.ஐ., 'பகீர்' தகவல்

கார்த்தி வெளிநாடு போனது ஏன்? : சுப்ரீம் கோர்ட்டில் சி.பி.ஐ., 'பகீர்' தகவல்

News 21 hours ago

புதுடில்லி: காங்கிரஸ் மூத்த தலைவரும், முன்னாள், மத்திய நிதியமைச்சருமான, சிதம்பரத்தின் மகன், கார்த்தி சிதம்பரம், வெளிநாடு சென்ற போது, பல வங்கி கணக்குகளை மூடியுள்ளதாக, உச்ச நீதிமன்றத்தில், சி.பி.ஐ., தெரிவித்தது.தேடப்படும் நபர் : வெளிநாட்டு நிறுவனத்துக்கு அனுமதி வாங்கித் தருவதில் மோசடி செய்ததாக, …

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Comments Off on Millennium Bus Depot: NGT raps Delhi govt for delay in report

Millennium Bus Depot: NGT raps Delhi govt for delay in report

News September 22, 2017

The National Green Tribunal has slammed the Delhi government over its failure to file a compliance report with regard to the Supreme Court order on changing the land use of Millennium Bus Depot site on Yamuna flood plains.

A bench headed by NGT Chairperson Justice Swatanter Kumar granted the final chance to the city government, Delhi Development Authority (DDA) and the Delhi Transport Corporation (DTC) to file a detailed reply on the issue within 10 days.

“Nobody has filed complete and comprehensive affidavit in terms of the order of the tribunal dated July 24. We grant last and final opportunity to NCT Delhi, DDA and DTC to place affidavit in relation to the order passed by the Supreme Court of India vide order dated January 13 within 10 days without default.

“In the event the affidavits are not filed now, we will be compelled to pass orders for imposition of exemplary cost against each of these parties. Copy of the affidavits should be furnished in advance,” the bench also comprising Justice R S Rathore said.

The apex court, on January 13, had noted that the NGT was still to decide whether the site was located on the flood plains of the Yamuna river.

“As and when the matter gets adjudicated, and in case it is found that the site is in the flood plains, the Master Plan could be amended to permit use of the Millennium depot.

Subject to such alteration in the Master Plan, the depot shall not be used for any other purpose,” it had said.

The matter was listed for hearing on October 10.

DDA had earlier said that it has requisite powers to change the land use but the NGT had prohibited construction in areas demarcated as zone ‘O’ (river and water-body area) and the site fell in such a zone.

The matter was transferred to the green panel by the Supreme Court in April on the grounds that there cannot be “parallel proceedings” on the same issue.

The 50-acre depot was built on the river bank initially as a temporary depot during the 2010 Commonwealth Games, with a parking space for around 1,000 buses along with various facilities, including five workshop-cum-scanning centres, a logistics centre and two CNG-filling stations.

The apex court had last year said that ordering the demolition of the bus depot would not be appropriate and had granted one year to the Delhi government and DTC to get the 2021 Master Plan amended, failing which it would have to shift the bus shelter from the Yamuna river banks.

The apex court had said that the opportunity was given by the Delhi High Court to the Delhi government and DTC in October 2015 to have the Master Plan of Delhi (MPD) 2021 amended, if it was permissible in law, within six months.

The high court had refused to extend the time to the authorities to shift the bus depot, located next to the Nizamuddin Bridge and behind IP Power Station.

The DTC and the Delhi government had challenged the high court decision dismissing the transporter’s plea for grant of six months to approach the DDA to change the land use of the Millennium Bus Depot site.

The high court had on October 20, 2015 shot down DTC’s plea, saying it was an abuse of the court process to seek extension of time after undertaking to shift it.

The high court had also said that it had in 2012 given six months to either shift the depot or change the land use of the site and there was “no justifiable reason” for further extension.

( Source – PTI )

The post Millennium Bus Depot: NGT raps Delhi govt for delay in report appeared first on Legal News India – News Updates of Advocates, Law Firms, Law Institutes, Courts & Bars of India.

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Comments Off on NUSRL Ranchi Students End 9-Day Agitation

NUSRL Ranchi Students End 9-Day Agitation

News September 22, 2017

Sanjay Sahay

The nine-day long dharna staged by the students of National University of Study and Research in Law (NUSRL), Ranchi, has ended, stated a press release issued by the university on Thursday evening.

The university informed that Justice Aparesh Kumar Singh of Jharkhand High Court visited the university after the calling off of the agitation and listened to the issues raised by the students. Justice Singh said works were continuing on war footing for the development of the law university since the last agitation staged by students in April.

He said from road construction to providing wifi system, efforts are being made to meet most of the demands of the students. Justice Singh asked them to be patient while observing that important work should not completed in haste. He assured the students that results would be before them soon.

Justice Singh said the students should intimate their problems to the Governor, vice-chancellor and their nominees in a peaceful way.

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