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Delhi High Court demands removal of structures blocking Taimoor Nagar drain to avoid monsoon flooding. Emphasizing public safety and infrastructure integrity.

Delhi HC Orders Drain Blockage Removal

The Delhi High Court has instructed immediate removal of obstructions in Taimoor Nagar drain to prevent monsoon flooding, highlighting a critical need to prioritize public interest.

Delhi High Court demands removal of structures blocking Taimoor Nagar drain to avoid monsoon flooding

Delhi High Court mandates removal of drain obstructions in Taimoor Nagar to prevent monsoon flooding. Unauthorized structures must go, emphasizing public safety over unlawful encroachments.

The Delhi High Court on Thursday directed the removal of structures blocking a drain in southeast Delhi and said it was a "shame" people lived in such conditions in the national capital.
A bench of Justices Prathiba M Singh and Manmeet PS Arora observed monsoon on the anvil and stressed on clearing Taimoor Nagar drain of blockages to make it functional at the earliest to avoid "flooding" in various colonies in the area.
"It is a shame that we are living in Delhi in this condition. Monsoon is just one month away. Anything, including jhuggi jhopri clusters and colonies, which comes in the way of free flow of water in the drain will be removed. This drain has to be cleaned and laid within the next one month," the bench said.
A colony falling on a drain cannot be regularised, it added.
The bench examined a topographical survey and alignment plan of the drain submitted by the chairperson of the special task force (STF).
The court found a "substantial unauthorised encroachment" in the entire width of the drain owing to the "complete neglect" by the authorities, including Delhi Development Authority, Delhi government, Municipal Corporation of Delhi and Delhi Jal Board.
"This building has to go. It is encroached, unauthorised, constructed on a drain and on public land. It cannot be allowed to stay. Larger public interest has to be given way," the court said.
The alignment of the drain, it said, was approved by the authorities and directed the STF to immediately start the work for laying of the drain.
"Any obstructions which come in the way of the construction of the drain, which is for the larger interest of all the inhabitants of the area, shall be removed...The free flow of the Taimoor Nagar drain is absolutely essential to avoid flooding in various colonies in the south Delhi area," it said.
It further ordered any regularised colony cannot be permitted to expand on a drain, public path, highway or a road, meant to enable movement of traffic and people.
The functioning of this drain is absolutely essential for the movement of people and traffic in the entire area which covers various residential colonies, hospitals, ring road and other important areas of Delhi, it said.
The court directed the additional chief secretary of Delhi government's Irrigation and Flood Control Department to hold a meeting with the authorities on April 23 for removal of the obstructions and lying of the drain.
The plan should be placed before the court on April 28, it said.
Advocate Prabhsahay Kaur, representing the DDA, said the area where the Taimoor Nagar drain would have to be constructed fell in Zone O and in the Yamuna flood plain, therefore, no unauthorised colony would be permitted to occupy the land and no rights would be conferred to such occupants.
The counsel for intervenors, who are occupants of a building abutting the drain, said there were several other similarly created constructions on the drain and the same treatment ought to be meted out to them.
"There cannot be any occupation, habitation, residences built on a drain. Such a position would not be acceptable in the court as much as if the free flowing drain is not created, it can cause enormous destruction to life and property especially during the monsoons," the court said.
The photographs on record indicated to the court that the drain was completely obstructed by the buildings constructed on it.
The court was hearing suo motu petitions on water-logging and rainwater harvesting aside from traffic snarls in the national capital during monsoon and other times.
Several Delhi residents, including lawyers, raised issues over flooding of roads, homes and offices after rains due to clogged drains.

RCB alleges Uber Moto's ad disparages its trademark. Ad features cricketer Travis Head altering Bengaluru signage. Legal dispute awaits Delhi High Court's decision, impacting sports marketing and trademark standards.

RCB vs Uber: Trademark Clash in High Court

RCB accuses Uber Moto of trademark disparagement. The ad with Travis Head challenges RCB's brand identity. Delhi High Court decision pending in this sports marketing case.

RCB alleges Uber Moto's ad disparages its trademark

RCB sues Uber Moto in Delhi HC for trademark disparagement via an ad featuring 'Royally Challenged Bengaluru'.

Indian Premier League cricket team Royal Challengers Bengaluru moved the Delhi High Court on Thursday and accused an YouTube advertisement of disparaging its trademark.
Justice Saurabh Banerjee, after hearing submissions of parties on Royal Challengers Bengaluru's (RCB) interim plea for injunction, reserved its order.
Royal Challengers Sports Private Limited filed a suit against Uber India Systems Pvt Ltd claiming that Uber Moto's YouTube advertisement titled "Baddies in Bengaluru ft. Travis Head" disparages its trademark.
RCB said Sunrisers Hyderabad's cricketer Head, the main character in the video, disparages its trademark.
Describing the video advertisement, RCB counsel said the cricketer could be seen running towards Bengaluru cricket stadium with an aim to vandalise the signage of "Bengaluru Vs Hyderabad", takes a spray paint and writes "Royally Challenged" before Bengaluru making it "Royally Challenged Bengaluru" which disparages RCB's mark.
The lawyer contended that when a negative comment is made, there is disparagement and added that Uber Moto, being the commercial sponsor of Sunrisers Hyderabad IPL team, while promoting its product which is booking a ride, used RCB's trademark in the course of its trade, that too its "deceptive variant", which was impermissible under law.
The counsel representing Uber said RCB had "severely discounted" the sense of humour of the public at large. The general messaging of the advertisement, the counsel said, was that there was a match between RCB and Sunrisers Hyderabad at the Bengaluru cricket stadium on May 13 and since it was a city with traffic jam, "public must use uber moto".
Uber's counsel said good humour, sense of fun and banter are intrinsic to advertising messaging and these factors "will be killed" if such a standard, as mooted by RCB, is applied.
The advertisement garnered 1.3 million views and a number of comments from users on the social media platform.

The court noted that the accused “is offering prayer to God many times in a day and he is ready to accept the punishment as he has surrendered before God.” 

Odisha HC commutes death sentence of man, citing his 'frequent habit of prayers'

The court noted that the accused &ldquo;is offering prayer to God many times in a day and he is ready to accept the punishment as he has surrendered before God.&rdquo;&nbsp;

The Odisha High Court commuted the death of sentence of a man who was convicted for the rape and murder of a six-year-old girl. The court commuted his sentence to life imprisonment, citing his frequent prayers and his surrender to divine judgment.
The court noted that the accused &ldquo;is offering prayer to God many times in a day and he is ready to accept the punishment as he has surrendered before God.&rdquo;&nbsp;
On Friday, a division bench of Justices S K Sahoo and R K Pattanaik upheld the trial court&rsquo;s conviction of Shaikh Asif Ali for the rape and murder of the child under sections 302/376 of the IPC and section 6 of the Pocso Act.
However, the court decided that Ali, who was 26 at the time of the crime in 2014, should be imprisoned for life, with the order specifying that the state government should pay Rs 10 lakh to the victim&rsquo;s parents.
The bench further noted Ali's family circumstances, mentioning he has an elderly mother aged about 63 years, and two unmarried sisters who all depended on him as the sole breadwinner.&nbsp;
Ali was working as a color mistri in Mumbai, and his family&rsquo;s financial condition was not good.
&nbsp;

Although the petitioner had claimed a compensation of Rs 25 lakh, the court held that a compensation of Rs 5 lakh would meet the ends of justice.

HC order JK admin to pay compensation to former spokesperson of banned Jamaat over PSA detentions

Although the petitioner had claimed a compensation of Rs 25 lakh, the court held that a compensation of Rs 5 lakh would meet the ends of justice.

The High Court of Jammu and Kashmir and Ladakh has directed the UT administration to pay a compensation of Rs 5 lakh to the former spokesman of banned Jamaat-e-Islami outfit advocate Ali Mohammad Lone alias Zahid for his illegal detention under the Public Safety Act.
Quashing Lone's detention under the PSA, Justice Rahul Bharti observed that the detention order passed by the Pulwama district magistrate read with consequent government orders of approval and confirmation of the preventive detention are held to be illegal and unwarranted.
"Therefore, the said order along with the petitioner's preventive detention are hereby set aside and quashed. The Superintendent of the Jail concerned, where the petitioner is being detained, is directed to release the petitioner free from his prison," the 13-page order passed by Justice Bharti reads.
Although the petitioner had claimed a compensation of Rs 25 lakh, the court held that a compensation of Rs 5 lakh would meet the ends of justice.
"Therefore, besides holding and declaring the preventive detention of the petitioner illegal, also holds the petitioner entitled to compensation of rupees five lakh payable by the respondents within a period of three months from the date of this judgment," it added.
Lone was first arrested in 2019 but his preventive detention was quashed by the court in July that year. However, he was detained again under preventive laws within six days but the order was set aside by the court in 2020.
Within three months, he was again booked under preventive laws but the detention was set aside by the court in 2021.
"The passing of the impugned detention order, which is fourth in a row, against the petitioner by same set of mindset operating through SSP Pulwama and the respondent No.2-District Magistrate Pulwama and mechanically followed by the Govt., has been effected least bothering the SSP Pulwama and the respondent No.2-District Magistrate Pulwama to at least spare a reading, lest an appreciation, to the last judgment dated 24/02/2021 in which this court, in very clear and categoric terms, held the basis of the petitioner's third time preventive detention to be resting upon stale grounds," the court observed.
"Now if three judgments of this Court quashing preventive detention of the petitioner made three times hereto before have not been spared a passing glance, lest an application of mind, by and on the part of the SSP Pulwama, the respondent No.2- District Magistrate Pulwama and last by the respondent No.1- Govt. of UT of J&amp;K as well, then how can it be claimed by the said three authorities at their respective end that the fourth time preventive detention of the petitioner is an outcome of an open and fair mindset acting upon changed factual scenario," the court further observed.
Taking strong note of the authorities ignoring its orders, the court said, "This court cannot be diplomatic to avoid observing that if left to the whims and fancies of the SSP Pulwama and the respondent No.2- District Magistrate, Pulwama then the judgment of the High Court of J&amp;K and Ladakh quashing a given preventive detention of a person is of no interest to them and same very person by repeat of the pretext can be made to suffer cyclic preventive detentions to outnumber judgments quashing the given preventive detention." "It seems that the SSP Pulwama and the respondent No.2-District Magistrate Pulwama in continuing with the preventive detention of the petitioner meant to be law unto themselves having extra constitutional authority at their respective disposal in the matter of targeting the petitioner with repeated preventive detention custody unmindful of fact that each time failing to sustain the said preventive detention custody before the court of law," the court added.&nbsp;

The Manipur High Court has modified last year's order that directed the state government to include the Meitei community in the Scheduled Tribe status.

Manipur High Court modifies controversial order on Meiteis that sparked ethnic violence  

The Manipur High Court has modified last year's order that directed the state government to include the Meitei community in the Scheduled Tribe status.

The Manipur High Court has deleted a controversial paragraph from its March 27, 2023 order that directed the state government to consider including the Meitei community in Scheduled Tribe status.
The last year's order had sparked ethnic violence in the restive region, with the Kuki tribal opposing the court's direction.
The paragraph of the last year verdict stated the state government "shall consider the case of the petitioners for inclusion of Meetei/Meitei community in the Scheduled Tribes list, expeditiously, preferably within a period of four weeks" from the date of receipt of the order.
Justice Gaiphulshillu's ruling on February 21 emphasised the necessity of removing the directive, pointing to the Government of India's stipulated procedure for Scheduled Tribe list amendments.
Justice Gaiphulshillu said, "Accordingly, the direction given at para no. 17(iii) needs to be deleted and is ordered accordingly for deletion of the para no. 17(iii) of the judgment and order dated March 27, 2023..," reports PTI news agency.
Referring to the constitutional protocol detailed in the Ministry of Tribal Affairs' 2013-14 report, the court highlighted the need for alignment with the Supreme Court's constitutional interpretation.
"...I am satisfied and of the view that the direction given at Para no. 17(iii) of the single judge dated March 27, 2023...which is impugned herein needs to be reviewed, as the direction given at para no. 17(iii) of the single judge is against the observation made in the constitution bench of the Supreme Court," the high court said in its 19-page verdict.
A bench of Justice Golmei Gaiphulshillu stated that the judgment was passed in a "misconception of law" as the "petitioners failed to assist the court properly at the time of hearing of the said writ petition due to his misconception of fact and law".
Justice Gaiphulshillu also noted that the high court's direction was contrary to the Supreme Court&rsquo;s decision in the State of Maharashtra vs Milind &amp; Ors, in which the top court had observed that courts cannot modify, amend, or alter the ST list.
The high court's detailed 19-page verdict underlined the legislative limitations on judicial interference concerning Scheduled Tribe classifications, as outlined by a constitution bench ruling in November 2000.
(With PTI inputs)
Also read | <a href="https://www.editorji.com/india-news/if-sandeshkhali-women-want-bjp-state-president-on-possible-meeting-with-pm-modi-1708598902530">'If Sandeshkhali women want...': BJP state president on possible meeting with PM Modi</a>

Amritpal Singh case: Habeas corpus petition moved in HC seeking his 'release'

Khara, who is the legal advisor of Amritpal and his outfit 'Waris Punjab De', apprehended threat to Amritpal's life.

The Punjab and Haryana High Court Sunday issued a notice to the Punjab government on a habeas corpus petition seeking "release" of radical preacher Amritpal Singh from the alleged illegal custody of police.
The development comes amid the Punjab Police action against the Khalistan sympathizer and members of his outfit 'Waris Punjab De'.
Petitioner Imaan Singh Khara, an advocate, claimed that Amritpal has been &ldquo;illegally and forcibly&rdquo; detained by the police from the Shahkot area of Jalandhar.
Khara, who is the legal advisor of Amritpal and his outfit 'Waris Punjab De', apprehended threat to Amritpal's life.
The petitioner prayed for the appointment of a warrant officer to visit the spot if the detenue is found in illegal custody.
Khara further prayed that the habeas corpus petition be allowed for the "release" of Amritpal Singh from the alleged custody of police. &nbsp;Being a holiday, the hearing took place at the residence (camp office) of Justice N S Shekhawat.
Following the petition, the court issued a notice of motion to the state government for March 21.

The court said that Karnail Singh did not make reasonable provision for his wife of 66 years.

British-Sikh widow wins legal battle in London High Court to get 50% of husband's estate left to 2 sons

The court said that Karnail Singh did not make reasonable provision for his wife of 66 years.

A British-Sikh woman in the United Kingdom has won a legal battle to get a 50% share of her late husband's estate. In his will, Karnail Singh left his estate worth around &pound;1.2 million to his two sons.
Karnail's wife 83-year-old Harbans Kaur challenged the will and won the battle in the London High Court. The court said that Karnail Singh did not make reasonable provision for his wife of 66 years, despite her "full and equal" contribution to the marriage and the family business.
"I am satisfied that a) the deceased's estate did not make reasonable provision for C [Claimant Harbans Kaur]; b) C should receive 50 per cent of the net value of the estate, and the disposition of the estate affected by the will should be varied to that effect,&rdquo; Justice Peel concluded.
He also directed that a sum of 20,000 pounds should be &ldquo;forthwith paid to the claimant&rdquo; from the estate by way of monies on account of final distribution to her and her legal costs should also be met out of the estate, deducted from the gross value of the estate before an equal division.
The judgment follows a hearing in the family division of the High Court earlier this month, which heard that Karnail Singh passed away in August 2021 and under a will dated back to June 2005, the estate was left in equal shares to their two sons.
(With PTI inputs)

The HC observed that the basic dignity of a person in custody has to be upheld, which had been flouted in this case.

Delhi HC: Virginity test on women detainee or accused in custody unconstitutional

The HC observed that the basic dignity of a person in custody has to be upheld, which had been flouted in this case.

The Delhi High Court has noted that a virginity test conducted on a female detainee or accused under investigation whether in judicial or police custody is unconstitutional.
The Indian Express reported that a single judge bench of Justice Swarana Kanta Sharma held that the virginity test conducted on on a Kerala nun, who was convicted for the murder of a fellow nun in 1992, was unconstitutional. The HC observed that the basic dignity of a person in custody has to be upheld, which had been flouted in this case.
Justice Sharma granted liberty to the convicted nun to seek compensation for the violation of her human rights after the criminal case is over.&nbsp;

The Supreme Court on Thursday stayed the Uttarakhand High Court order for removal of encroachments from 29 acres of land claimed by the railways in Haldwani, calling it a "human issue" and saying 50,000 people cannot be uprooted overnight.

Haldwani encroachment row: Will proceed according to Supreme Court's order says CM Dhami

The Supreme Court on Thursday stayed the Uttarakhand High Court order for removal of encroachments from 29 acres of land claimed by the railways in Haldwani, calling it a "human issue" and saying 50,000 people cannot be uprooted overnight.

Uttarakhand Chief Minister Pushkar Singh Dhami on Thursday said that the government would proceed according to the Supreme Court's order staying a December 20 direction of the Uttarakhand High Court which had directed eviction of thousands of families occupying railway land in Haldwani district within a week.
"We've said earlier also that it is a railway land. We will proceed as per the court's order," said Dhami to ANI reacting to apex court's putting a stay on the High Court's order to remove encroachments from railway land in Haldwani's Banbhoolpura area.
Also watch: <a href="https://www.editorji.com/india-news/explained-why-4-000-families-have-taken-to-the-streets-in-uttarakhand-s-haldwani-1672844132972">Explained: why 4,000 families have taken to the streets in Uttarakhand's Haldwani</a>

The top court said that thousands of people cannot be uprooted overnight.

Haldwani encroachment row: Supreme Court's interim order in favour of protestors, pauses eviction order

SC order on Haldwani eviction row: interim relief for protestors Supreme Court paused eviction from land claimed by Railways SC said thousands can't be uprooted overnight: reports

<div class="elementToProof" style="border: 0px; font-style: normal; font-variant-ligatures: normal; font-variant-caps: normal; font-variant-numeric: inherit; font-variant-east-asian: inherit; font-weight: 400; font-stretch: inherit; font-size: 12pt; line-height: inherit; font-family: Calibri, Arial, Helvetica, sans-serif; margin: 0px; padding: 0px; vertical-align: baseline; color: rgb(0, 0, 0); letter-spacing: normal; orphans: 2; text-align: start; text-indent: 0px; text-transform: none; white-space: normal; widows: 2; word-spacing: 0px; -webkit-text-stroke-width: 0px; background-color: rgb(255, 255, 255); text-decoration-thickness: initial; text-decoration-style: initial; text-decoration-color: initial;">The top court said that thousands of people cannot be uprooted overnight. </div>

Providing interim relief to protestors in Uttarakhand's Haldwani, the Supreme Court on 5 January 2023 paused their eviction from land claimed by the Railways.
The Supreme Court paused an Uttarakhand High Court order which had cleared the way for their eviction. The top court said that thousands of people cannot be uprooted overnight.
The disputed 2 km area reportedly has houses, 4 government schools, 11 private schools, a bank, 2 water tanks, 10 mosques, 4 temples, and many shops.
Also watch: <a href="https://www.editorji.com/india-news/explained-why-4-000-families-have-taken-to-the-streets-in-uttarakhand-s-haldwani-1672844132972">Explained: why 4,000 families have taken to the streets in Uttarakhand's Haldwani</a>

"The pendency I am told will reach 5 crore soon. I want there to be a single window system so that everything can be dealt with one click," Rijiju said

Law Minister Kiren Rijiju expresses concern over pending cases in courts

"The pendency I am told will reach 5 crore soon. I want there to be a single window system so that everything can be dealt with one click,"&nbsp;Rijiju said

Law Minister Kiren Rijiju on Tuesday said the number of pending cases across various courts could touch the five crore mark in a couple of months.
Expressing concern over the issue of pendency, he said while such cases are likely to come down in the Supreme Court and high courts, the "real challenge" is in the lower courts.
Addressing an event at the Delhi High Court in the presence of Chief Justice of India D Y Chandrachud, the minister said the number of pending cases is inching towards the five crore mark and flagged the issue of inadequate infrastructure in lower courts.
Till a few months back, the pending cases were estimated at 4.83 crores.
"I try to analyse about the bottleneck when we take the numbers. It is inching towards the five crore pendency. It is a matter of great concern," he said.
Rijiju said he has to reply on the pendency issue in Parliament and elsewhere.
Also Watch| <a href="https://www.editorji.com/india-news/over-14-lakh-cases-settled-through-mediation-in-karnataka-lok-adalat-1668506057615">Over 14 lakh cases settled through mediation in Karnataka Lok Adalat</a>
"It is really difficult for me to answer ... it is about to reach five crore. At the present rate, maybe it will take another couple of months to reach the five crore figure, which does not sound nice," he said.
The majority of the cases are pending with the subordinate judiciary.
"I feel the pendency in the SC and the HCs will come down, but the real challenge is in the lower courts. The infrastructure in the lower courts is a real challenge for me and that is the responsibility of the central government and the state governments together," he said.
Rijiju said he clearly sees that in the very near future, the Indian judiciary will go paperless.
A digital judiciary will have a huge impact on the justice delivery mechanism, he underlined.
He said the judicial process is time-consuming. However, once all documents are available at the click of a button, things will become faster.&nbsp;

Can’t equate mutual acts of love between minor couple as sexual assault under POCSO, says HC

The court freed the accused minor from any liability in the criminal case while disposing a mutual plea filed by the accused minor and the mother of his girlfriend on Oct 27.

Can&rsquo;t equate mutual acts of love between minor couple as sexual assault under POCSO, says HC
Quashing a case against an accused minor, the Meghalaya High Court said that acts of mutual love and affection between a minor boy and girl can not be equated to &ldquo;sexual assault&rdquo; under the Protection of Children Against Sexual Offences Act (POCSO Act).
The court freed the accused minor from any liability in the criminal case while disposing a mutual plea filed by the accused minor and the mother of his girlfriend on Oct 27.
During the hearing the Court of Justice W Diengdoh observed that though consent of a minor is immaterial as far as prosecution for an alleged offence of sexual assault is concerned, &ldquo;...but considering the peculiar facts and circumstances of a particular case, such as in a case of a boyfriend and girlfriend particularly, if both of them are still very young, the term &lsquo;sexual assault&rsquo; as could be understood under the POCSO Act cannot be attributed to an act where, there is, as pointed above, mutual love and affection between them.&rdquo;,&nbsp; the Hindustan Times reported.&nbsp;
The matter came to light after the mother of the minor lodged a police complaint that her daughter was sexually assaulted by the boy on two occassions as a result the accused was arrested in put in jail for 10 months.&nbsp;
However, the girl during her deposition before a magistrate admitted that her relation with the accused was consensual.&nbsp;
Also Watch| <a href="https://www.editorji.com/india-news/delhi-couple-murdered-by-ex-employee-while-their-daughter-was-sleeping-under-blanket-1667373511321">Delhi: Couple murdered by ex-employee while their daughter was sleeping under blanket</a>

The Delhi High Court also refused to entertain a petition against a complete ban on sale and use of all kinds of firecrackers in the national capital.

'Spend money on sweets': Supreme Court rejects urgent hearing on Delhi firecracker ban ahead of Diwali

The Delhi High Court also refused to entertain a petition against a complete ban on sale and use of all kinds of firecrackers in the national capital.

With Diwali approaching, the Supreme Court reportedly denied an urgent hearing on a petition against a blanket ban on firecrackers in Delhi. The top court said on 20 October 2022, "Let people breathe clean air... spend your money on sweets."
On the same day, the Delhi High Court refused to entertain a petition against a complete ban on sale and use of all kinds of firecrackers in the national capital. The petitioners had called the ban imposed by the Delhi Pollution Control Committee (DPCC) on 14 September 2022 as "arbitrary and illegal".
The high court said that it would be inappropriate for it to hear the matter as the issue was "engaging the attention" of the Supreme Court.
Delhi's air quality is currently in the 'poor' category, and is expected to deteriorate to 'very poor' by 22 October. Stage 2 of the Graded Response Action Plan (GRAP) has been enforced in the national capital region (NCR) to battle growing air pollution.

Hours after the Supreme Court halted Ganesh Chaturthi festivities at the Idgah Maidan in Bengaluru, the Karnataka High Court allowed a similar event at the Idgah Maidan in Hubbali.
The high court reportedly refused to interfere with the Hubbali-Dharwad Municipal Corporation's decision to allow Ganesh Chaturthi celebrations at the Idgah Maidan.
The petitioner had challenged the Ganesh fest at the ground claiming that it is conversion of a place of worship.
The Karnataka High Court reportedly observed that the ground is the municipal corporation's property, and it can take such decisions, but Ramzan and Bakr Id festivities cannot be interfered with.
Earlier in the day, the Supreme Court had ordered status quo at the Idgah Maidan in state capital Bengaluru. The order came after the Karnataka Waqf Board challenged the state's decision and Karnataka High Court's endorsement of a Ganesh Chaturthi festival at the ground.
 

Ganesh Chaturthi allowed at Hubbali Idgah by HC, hours after Supreme Court paused fest in Bengaluru

The high court reportedly refused to interfere with the Hubbali-Dharwad Municipal Corporation's decision to allow Ganesh Chaturthi celebrations at the Idgah Maidan.

Hours after the Supreme Court halted Ganesh Chaturthi festivities at the Idgah Maidan in Bengaluru, the Karnataka High Court allowed a similar event at the Idgah Maidan in Hubbali.
The high court reportedly refused to interfere with the Hubbali-Dharwad Municipal Corporation's decision to allow Ganesh Chaturthi celebrations at the Idgah Maidan.
The petitioner had challenged the Ganesh fest at the ground claiming that it is conversion of a place of worship.
The Karnataka High Court reportedly observed that the ground is the municipal corporation's property, and it can take such decisions, but Ramzan and Bakr Id festivities cannot be interfered with.
Earlier in the day, the Supreme Court had ordered status quo at the Idgah Maidan in state capital Bengaluru. The order came after the Karnataka Waqf Board challenged the state's decision and Karnataka High Court's endorsement of a Ganesh Chaturthi festival at the ground.
ALSO WATCH: <a href="https://www.editorji.com/india-news/sc-halts-ganesh-chaturthi-fest-at-idgah-maidan-in-bengaluru-after-waqf-board-plea-1661864733250">Supreme Court halts Ganesh Chaturthi fest at Idgah Maidan in Bengaluru on Waqf Board plea</a>

The Karnataka High Court has set aside a sessions court order of life sentence on a woman from Andhra Pradesh who allegedly killed her two-month-old daughter, and ordered her release from prison.
The Fourth Additional District and Sessions Judge, Madhugiri in Tumakuru district on July 22, 2017, convicted Kavitha, from Madakasira in Sri Sathyasai district of Andhra Pradesh, under Section 302 (punishment for murder) of the Indian Penal Code, to undergo life imprisonment for murder.
Kavitha and her husband Manjunatha had come to a hospital in Koratagere, Tumakuru, Karnataka to treat their child suffering from respiratory problems and epilepsy. Kavitha was also unable to feed her baby.
Manjunatha complained to the local police that Kavitha threw the baby in the Suvarnamukhi river on the outskirts of the town on August 24, 2016. The investigation and trial led to her conviction by the trial court in 2017.
A total of 15 witnesses and 16 documents were used by the prosecution to get the conviction.
However, the division bench of the High Court comprising Justice K Somashekar and Justice Shivashankar Amarannavar earlier this month allowed the woman's appeal, set aside the conviction, acquitted her and also ordered her release.
"In the instant case, the importance of corroboration of the evidence which was facilitated by the prosecution, it must be positive, cogent, consistent and probabalized that the accused had committed the murder of the deceased," the HC said in the judgement.
However, "in the instant case, though the prosecution subjected examination of PW.1 to PW.15, but no worthwhile evidence has been facilitated by the prosecution for securing the conviction of the accused for the offence under Section 302 of Indian Penal Code," it stated.

Karnataka HC sets free woman who 'threw her 2-month-old daughter into river'

The division bench of the High Court comprising Justice K Somashekar and Justice Shivashankar Amarannavar earlier this month allowed the woman's appeal, set aside the conviction, acquitted her and also ordered her release.

The Karnataka High Court has set aside a sessions court order of life sentence on a woman from Andhra Pradesh who allegedly killed her two-month-old daughter, and ordered her release from prison.
The Fourth Additional District and Sessions Judge, Madhugiri in Tumakuru district on July 22, 2017, convicted Kavitha, from Madakasira in Sri Sathyasai district of Andhra Pradesh, under Section 302 (punishment for murder) of the Indian Penal Code, to undergo life imprisonment for murder.
Kavitha and her husband Manjunatha had come to a hospital in Koratagere, Tumakuru, Karnataka to treat their child suffering from respiratory problems and epilepsy. Kavitha was also unable to feed her baby.
Manjunatha complained to the local police that Kavitha threw the baby in the Suvarnamukhi river on the outskirts of the town on August 24, 2016. The investigation and trial led to her conviction by the trial court in 2017.
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A total of 15 witnesses and 16 documents were used by the prosecution to get the conviction.
However, the division bench of the High Court comprising Justice K Somashekar and Justice Shivashankar Amarannavar earlier this month allowed the woman's appeal, set aside the conviction, acquitted her and also ordered her release.
"In the instant case, the importance of corroboration of the evidence which was facilitated by the prosecution, it must be positive, cogent, consistent and probabalized that the accused had committed the murder of the deceased," the HC said in the judgement.
However, "in the instant case, though the prosecution subjected examination of PW.1 to PW.15, but no worthwhile evidence has been facilitated by the prosecution for securing the conviction of the accused for the offence under Section 302 of Indian Penal Code," it stated.

With the hijab controversy in Karnataka still blazing, Muslim girl students reportedly raised a fresh demand in the Karnataka High Court.
The petitioners sought permission to wear hijab inside classrooms on Fridays, and during the month of Ramzan, as per reports. The petitioners lawyer reportedly said that there was "mass hysteria" in the country over the hijab issue, and that the Islamic headdress was not against "health or morality".
The hearing is slated to continue on February 18.
ALSO WATCH | BJP MP Pragya Thakur: no need to wear hijab in public in India
Meanwhile, the Karnataka government issued a fresh order for schools managed by the minority welfare department, including the Maulana Azad Model English Medium Schools. The students of these schools have been instructed to not wear saffron scarves, hijab, or any religious flags, as per reports. The government cited the High Court's interim order on uniforms in educational institutes.
With the issue continuing to dominate headlines, the BJP government led by CM Basavaraj Bommai reportedly claimed that the tussle over hijab is limited to only 8 out of 75,000 high schools and pre-university colleges in the state.

Hijab row: Govt's new order, students' new demand | Karnataka High Court hearing

The petitioners sought permission to wear hijab inside classrooms on Fridays, and during the month of Ramzan, as per reports.

With the hijab controversy in Karnataka still blazing, Muslim girl students reportedly raised a fresh demand in the Karnataka High Court. The petitioners sought permission to wear hijab inside classrooms on Fridays, and during the month of Ramzan, as per reports. The petitioners lawyer reportedly said that there was "mass hysteria" in the country over the hijab issue, and that the Islamic headdress was not against "health or morality". The hearing is slated to continue on February 18. Meanwhile, the Karnataka government issued a fresh order for schools managed by the minority welfare department, including the Maulana Azad Model English Medium Schools. The students of these schools have been instructed to not wear saffron scarves, hijab, or any religious flags, as per reports. The government cited the High Court's interim order on uniforms in educational institutes. With the issue continuing to dominate headlines, the BJP government led by CM Basavaraj Bommai reportedly claimed that the tussle over hijab is limited to only 8 out of 75,000 high schools and pre-university colleges in the state.
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<div style="margin: 0px; padding: 0px; border: 0px; font-style: normal; font-variant-ligatures: normal; font-variant-caps: normal; font-variant-numeric: inherit; font-variant-east-asian: inherit; font-weight: 400; font-stretch: inherit; font-size: 12pt; line-height: inherit; font-family: Calibri, Arial, Helvetica, sans-serif; vertical-align: baseline; color: #000000; letter-spacing: normal; orphans: 2; text-align: start; text-indent: 0px; text-transform: none; white-space: normal; widows: 2; word-spacing: 0px; -webkit-text-stroke-width: 0px; background-color: #ffffff; text-decoration-thickness: initial; text-decoration-style: initial; text-decoration-color: initial;"><span style="margin: 0px; padding: 0px; border: 0px; font-style: inherit; font-variant: inherit; font-weight: inherit; font-stretch: inherit; font-size: 12pt; line-height: inherit; font-family: inherit; vertical-align: baseline; color: #000000; background-color: #ffffff;">The petitioners sought permission to wear hijab inside classrooms on Fridays, and during the month of Ramzan, as per reports.</div>

With the <a href="https://www.editorji.com/india-news/hijab-row-verdict-karnataka-hc-dismisses-muslim-girls-plea-says-hijab-not-essential-to-islam-1647321217280" target="_blank">hijab controversy in Karnataka</a> still blazing, Muslim girl students reportedly raised a fresh demand in the Karnataka High Court.
The petitioners sought permission to wear hijab inside classrooms on Fridays, and during the month of Ramzan, as per reports.&nbsp;The petitioners lawyer reportedly said that there was "mass hysteria" in the country over the hijab issue, and that the Islamic headdress was not against "health or morality".
The hearing is slated to continue on February 18.
ALSO WATCH | <a href="https://www.editorji.com/india-news/bjp-mp-pragya-thakur-no-need-to-wear-hijab-in-public-in-india-this-is-her-reason-1645082425145" target="_blank">BJP MP Pragya Thakur: no need to wear hijab in public in India</a>
Meanwhile, the Karnataka government issued a fresh order for schools managed by the minority welfare department, including the Maulana Azad Model English Medium Schools.&nbsp;The students of these schools have been instructed to not wear saffron scarves, hijab, or any religious flags, as per reports.&nbsp;The government cited the High Court's interim order on uniforms in educational institutes.
With the issue continuing to dominate headlines, the BJP government led by CM Basavaraj Bommai reportedly claimed that the tussle over hijab is limited to only 8 out of 75,000 high schools and pre-university colleges in the state.

Observing that the vice-chancellor of Jawaharlal Nehru University (JNU) is not vested with the power to appoint chairpersons of centres, the Delhi High Court has restrained the nine chairpersons appointed by Prof M Jagadesh Kumar from taking any major decisions, including those relating to the convening of selection committees or carrying out selections concerning the centres or special centres.
The division bench of Justice Rajiv Shakdher and Justice Talwant Singh said that the power to appoint chairpersons is expressly conferred upon the executive council and not the VC.
&ldquo;Therefore, prima facie, respondent no.2 could not have exercised the power to appoint Chairpersons of Centres/Special Centres,&rdquo; said the court, adding that the appointments made by the VC prima facie are without authority.
The court was hearing a matter relating to the appointment of professors as chairpersons of the centres or special centres by the VC. Professor Atul Sood has approached the court with a petition challenging the approval granted by the executive council to the nine appointments made by the VC. It has been argued before the court that the appointments cannot emanate from the VC.
Rejecting the varsity&rsquo;s argument that the VC had exercised the powers under Statue 4(5) of the Statute of the university, the court said that the VC can exercise such powers only when immediate action is required &ldquo;on account of the emergent situation&rdquo;, which then is reported to the concerned authority for obtaining its approval.
Observing that Sood had objected to the agenda for the 296th meeting of the executive council and informed the latter that the appointments made by the VC are flawed, the court said therefore prima facie the authorities were put to notice that the course on which they were proceeding was perhaps not the correct one.
&ldquo;Despite this, respondent no.2 (VC), it appears, went on to appoint the Chairpersons of the concerned Centres/Special Centres,&rdquo; reads the order.
The division bench also noted a submission made by Sood&rsquo;s counsel Abhik Chimni that after a single bench of the high court refused to stay the nine appointments made by the VC, he went ahead with the appointment of another person as chairperson of Centre of Spanish, Portuguese, Italian and Latin American Studies/School of Language, Literature &amp; Cultural Studies on October 08, again exercising the emergency powers vested in him.
Requesting the single judge &ndash; before whom the matter is pending &ndash; to advance the hearing of the writ petition filed by Sood, the court has listed it for directions on November 10 before that court.
While declining to stay the appointments, the single-bench on September 28 had adjourned the hearing of Sood&rsquo;s petition to February 18, 2022. Sood filed an appeal against the order declining to stay the appointments.

JNU VC can appoint ‘on account of the emergent situation’ with authority's approval: HC

The Delhi High Court has ruled that the JNU VC can't appoint chairpersons of university centers, therefore putting nine appointments made by Jagdish Kumar on hold. Here's a report.

JNU VC made appointment 'without authority': HC

The Delhi High Court has barred the vice-chancellor of the Jawaharlal&nbsp;Nehru university from making appointments of chairpersons of various centres at the reputed varsity.&nbsp; Vice-chancellor Jagadesh&nbsp;Kumar&nbsp;had appointed chairpersons to nine centres but the appointments were contested in the court by Professor Atul Sood.&nbsp; The HC observed&nbsp;that the vice-chancellor of Jawaharlal Nehru University is not vested with the power to appoint chairpersons of centres.
The court barred the VC from decisions relating to the convening of selection committees or carrying out selections concerning the centres or special centres.
Professor Sood had argued before the court that the appointments cannot emanate from the VC.&nbsp;A two-judge bench noted that the power to appoint chairpersons is conferred upon the executive council and not the VC.
While declining to stay the appointments, a single-bench on had adjourned the hearing of Sood&rsquo;s petition to February next year. Sood&nbsp;had then filed his appeal before the two-judge bench.&nbsp;

The division bench of Justice Rajiv Shakdher and Justice Talwant Singh said that the power to appoint chairpersons is expressly conferred upon the executive council and not the VC.

Observing that the vice-chancellor of <a href="https://www.editorji.com/story/jnu-sedition-case-delhi-court-summons-umar-khalid-kanhaiya-kumar-others-1613462605119">Jawaharlal Nehru University</a> (JNU) is not vested with the power to appoint chairpersons of centres, the Delhi High Court has restrained the appointment of&nbsp;nine chairpersons by Prof M Jagadesh Kumar. The HC stopped the vice-chancellor from taking any major decisions, including those relating to the convening of selection committees or carrying out selections concerning the centres or special centres.
A division bench of Justice Rajiv Shakdher and Justice Talwant Singh said that the power to appoint chairpersons is expressly conferred upon the executive council and not the VC.
&ldquo;Therefore, prima facie, respondent no.2 could not have exercised the power to appoint Chairpersons of Centres/Special Centres,&rdquo; said the court, adding that the appointments made by the VC prima facie are without authority.
The court was hearing a matter relating to the appointment of professors as chairpersons of the centres or special centres by the VC. Professor Atul Sood had approached the court with a petition challenging the approval granted by the executive council to the nine appointments made by the VC. It has been argued before the court that the appointments cannot emanate from the VC.
Rejecting the varsity&rsquo;s argument that the VC had exercised the powers under Statue 4(5) of the Statute of the university, the court said that the VC can exercise such powers only when immediate action is required &ldquo;on account of the emergent situation&rdquo;, which then is reported to the concerned authority for obtaining its approval.
Observing that Sood had objected to the agenda for the 296th meeting of the executive council and informed the latter that the appointments made by the VC are flawed, the court said therefore prima facie the authorities were put to notice that the course on which they were proceeding was perhaps not the correct one.
&ldquo;Despite this, respondent no.2 (VC), it appears, went on to appoint the Chairpersons of the concerned Centres/Special Centres,&rdquo; reads the order.
The division bench also noted a submission made by Sood&rsquo;s counsel Abhik Chimni that after a single bench of the high court refused to stay the nine appointments made by the VC, he went ahead with the appointment of another person as chairperson of Centre of Spanish, Portuguese, Italian and Latin American Studies/School of Language, Literature &amp; Cultural Studies on October 08, again exercising the emergency powers vested in him.
Requesting the single judge &ndash; before whom the matter is pending &ndash; to advance the hearing of the writ petition filed by Sood, the court has listed it for directions on November 10 before that court.
While declining to stay the appointments, the single-bench on September 28 had adjourned the hearing of Sood&rsquo;s petition to February 18, 2022. Sood filed an appeal against the order declining to stay the appointments.
<a href="https://www.editorji.com/story/jnu-vc-online-learning-is-a-game-changer-1587484969948">ALSO WATCH: JNU VC: online learning is a 'game changer'</a>

The Supreme Court collegium, headed by Chief Justice of India N V Ramana&nbsp;recommended appointment of Chief Justices for 8 High Court.
It has recommended elevation of Acting Chief Justice of Calcutta High Court Justice Rajesh Bindal as CJ of Allahabad HC and Madhya Pradesh HC judge Justice Prakash Shrivastava as CJ of Calcutta.
Acting Chief Justice of Chattisgarh HC Justice Prashant Kumar Mishra has been recommended as the new CJ of Andhra Pradesh HC while Justice Rituraj Awasthi, who is now with the Allahabad HC, has been recommended as Karnataka HC Chief Justice.
The collegium also zeroed in on Justice Satish Chandra Sharma of Karnataka HC for the office of Telengana HC Chief Justice, and Justice Ranjit V More of Bombay HC as Meghalaya HC CJ.
Justice Aravind Kumar of Karnataka HC has been recommended as Gujarat HC CJ while acting Chief Justice of Himachal Pradesh HC R V Malimath has been recommended as Madhya Pradesh CJ.
The collegium &nbsp;also recommended transfer of five High Court Chief Justices and 17 High Court judges

SC collegium recommends appointment of 8 HC Chief Justices, transfer of 5

The Supreme Court collegium has recommended appointment of Chief Justices for 8 High Court besides transfer of 5 High Court Chief Justices and 17 High Court judges.

SC&nbsp;collegium&nbsp;recommended appointment of Chief Justices for 8 HCs
Collegium also recommended transfer of five HC Chief Justices &amp; 17 judges
Acting Chief Justice of Chattisgarh HC recommended as CJ of AP
Allahabad HC Chief Justice to be moved to Karnataka
Karnataka HC Chief Justice recommended for Telengana HC&nbsp;
Bombay HC Chief Justice will now be moved to&nbsp;Meghalaya&nbsp;
Karnataka HC Chief Justice has been recommended for Gujarat HC&nbsp;
Acting Chief Justice of HP&nbsp;has been recommended as Madhya Pradesh CJ
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The Supreme Court collegium has recommended appointment of Chief Justices for 8 High Court besides transfer of 5 High Court Chief Justices and 17 High Court judges.

The Supreme Court collegium, headed by Chief Justice of India N V Ramana&nbsp;recommended appointment of Chief Justices for 8 High Court.
It has recommended elevation of Acting Chief Justice of Calcutta High Court Justice Rajesh Bindal as CJ of Allahabad HC and Madhya Pradesh HC judge Justice Prakash Shrivastava as CJ of Calcutta.
Also Read&nbsp;<a href="https://www.editorji.com/story/sc-pulls-up-centre-for-cherry-picking-names-for-tribunal-appointments-1631695214252" target="_blank">SC pulls up Centre for 'cherry-picking' names for tribunal appointments</a>
Acting Chief Justice of Chattisgarh HC Justice Prashant Kumar Mishra has been recommended as the new CJ of Andhra Pradesh HC while Justice Rituraj Awasthi, who is now with the Allahabad HC, has been recommended as Karnataka HC Chief Justice.
The collegium also zeroed in on Justice Satish Chandra Sharma of Karnataka HC for the office of Telengana HC Chief Justice, and Justice Ranjit V More of Bombay HC as Meghalaya HC CJ.
Justice Aravind Kumar of Karnataka HC has been recommended as Gujarat HC CJ while acting Chief Justice of Himachal Pradesh HC R V Malimath has been recommended as Madhya Pradesh CJ.
The collegium &nbsp;also recommended transfer of five High Court Chief Justices and 17 High Court judges

In an unprecedented decision, the Supreme Court Collegium headed by Chief Justice of India NV Ramana has recommended 68 names for appointment as judges in 12 high courts.Among other high courts, the recommendations have also been made for Allahabad, Rajasthan and Calcutta, that are facing a severe crunch of judges.
The three-member Collegium, of which Justices U U Lalit and Justice A M Khanwilkar are also members, has created yet another first as Marli Vankung has become first woman judicial officer from Mizoram whose name has been sent to the Centre for judgeship in the Gauhati High Court.
Besides her, nine other women candidates have been recommended for judgeship in various high courts. The collegiums&nbsp;had&nbsp;considered 112 candidates for elevation as judges in high courts. Among those 68 cleared for twelve high courts, 44 are from the Bar and 24 are from the judicial serviceIn a historic decision on August 17, the five-member Collegium headed by the CJI had recommended nine names for elevation as judges of the Supreme Court, including three women.
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Another unprecedented move by Supreme Court collegium: 68 names recommended as HC judges

In an unprecedented decision, the Supreme Court Collegium headed by Chief Justice of India NV Ramana has recommended 68 names for appointment as judges in 12 high courts.

Among other high courts, the recommendations have also been made for Allahabad, Rajasthan and Calcutta, that are facing a severe crunch of judges.

In an unprecedented decision, the Supreme Court Collegium headed by Chief Justice of India NV Ramana has recommended 68 names for appointment as judges in 12 high courts.
Among other high courts, the recommendations have also been made for Allahabad, Rajasthan and Calcutta, which are facing a severe crunch of judges.
The three-member Collegium, of which Justices U U Lalit and Justice A M Khanwilkar are also members, has created yet another first as Marli Vankung has become the first woman judicial officer from Mizoram whose name has been sent to the Centre for a judgeship in the Gauhati High Court.
Besides her, nine other women candidates have been recommended for a judgeship in various high courts.
The collegiums&nbsp;had&nbsp;considered 112 candidates for elevation as judges in high courts. Among those 68 cleared for twelve high courts, 44 are from the Bar and 24 are from the judicial service
In a historic decision on August 17, the five-member Collegium headed by the CJI had recommended nine names for elevation as judges of the Supreme Court, including three women.
Also watch:<a href="https://www.editorji.com/story/in-a-first-nine-new-supreme-court-judges-take-oath-in-one-go-1630395041423" target="_blank">&nbsp;In a first, Nine new Supreme Court judges take oath in one go</a>

The Chhattisgarh High Court on Thursday acquitted a man from facing trial for allegedly raping his wife ruling that sexual intercourse between legally wedded man and woman is not rape even if it is by force.During the hearing of the case involving the issue of &lsquo;marital rape&rsquo;, Justice NK Chandravanshi said that &lsquo;sexual intercourse or sexual act by a man with his wife, the wife not being under 18 years of age, is not rape...even if it is by force or against her wish'.The accused husband in his case stated that none of the accusations constitute the punishable offence in India since marital rape is not recognised.The wife had alleged that after some days of marriage, her in-laws started harassing her for dowry and beat her up. The complainant had further cliamed that the husband had made unnatural physical relation with her despite her protest. The high court has upheld charges of unnatural sex framed against him under Section 377 of the Indian Penal Code (IPC).Earlier this month, the Kerala High Court held that marital rape is a valid ground for divorce even though it is not penalised in India, calling it &ldquo;cruelty.&rdquo;

'Sexual intercourse by husband not rape, even if by force’: Chhattisgarh HC

Chhattisgarh HC acquitted a man from facing trial for allegedly raping his wife ruling that 'sexual intercourse between legally wedded man and woman is not rape even if it is by force'

Chhattisgarh High Court's controversial ruling on marital rape
Court says&nbsp;sexual intercourse by husband not rape, even if by force
Chhattisgarh HC acquitted a man from facing trial for raping his wife
Marital rape not recognised in India,&nbsp;accused husband states
Complainant accused husband of making unnatural physical relation&nbsp;
HC upheld charges of unnatural sex framed under IPC Section 377

Justice NK Chandravanshi said that &lsquo;sexual intercourse or sexual act by a man with his wife, the wife not being under 18 years of age, is not rape...even if it is by force or against her wish'

The Chhattisgarh High Court on Thursday acquitted a man from facing trial for allegedly raping his wife ruling that sexual intercourse between legally wedded man and woman is not rape even if it is by force. During the hearing of the case involving the issue of &lsquo;marital rape&rsquo;, Justice NK Chandravanshi said that &lsquo;sexual intercourse or sexual act by a man with his wife, the wife not being under 18 years of age, is not rape even if it is by force or against her wish'. The accused husband in his case stated that the accusations cannot amount to punishable offence in India since marital rape is not recognised. The wife had alleged that after some days of marriage, her in-laws started harassing her for dowry and beat her up. The complainant had further claimed that the husband had made unnatural physical relation with her despite her protest. The high court has upheld charges of unnatural sex framed against him under Section 377 of the Indian Penal Code (IPC). Earlier this month, the Kerala High Court held that marital rape is a valid ground for divorce even though it is not penalised in India, calling it &ldquo;cruelty.&rdquo;

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