A summary of important cases from the causelists of the Supreme Court of India, the Bombay High court, and the Delhi High Court.
Supreme Court of India
1. Commodore Lokesh K Batra (Retd.) v. The Registrar, Supreme Court of India and Ors.
[Item 36 in court 10 – SLP(Civil) 3978/2016]
Bench: Pinaki Chandra Ghose, Amitava Roy JJ.
Appeal against a judgment of the Delhi High court which had ruled that Supreme Court is not required maintain records pertaining to the period or extent for which the judgments are pending after being reserved.
2. Arundhati Roy v. Registrar, High Court of Judicature at Bombay Nagpur Bench Nagpur & Anr.
[Item 2 in court 3 – SLP (Crl.) 303/2016]
Bench: JS Khehar, R Banumathi JJ.
An appeal by Arundhati Roy against a contempt case initiated by the Nagpur Bench of the Bombay High Court. Justice AB Chaudhari of the High Court had initiated criminal contempt proceedings against Arundhati Roy for an article she wrote in May this year defending the lecturer Dr GN Saibaba.
The decision to initiate criminal contempt came while hearing the bail application of Dr. GN Saibaba, a lecturer at Ramlal Anand College in Delhi, who was arrested under the Unlawful Activities Prevention Act in May last year.
The Court had issued notice to the High Court of Bombay and State of Maharashtra but refused to stay the order of the High Court. The Court had also refused to dispense with the personal appearance of Roy in the contempt proceedings as mandated by the High Court.
The petition is listed today along with an appeal by Prof. Sai Baba, who has also moved the Supreme Court.
2. Registrar General, High Court of Judicature Madras v. Tamil Nadu Public Service Commission
[Item 56 in Court 3 – IA 6/ 2016 in SLP(Civil) 14842/2015]
Bench: JS Khehar, R Banumathi JJ.
The dispute between the Madras High Court and Justice CS Karnan pertaining to the selection of civil judges for the State of Tamil Nadu.
The Madras High Court had moved the Supreme Court against Justice Karnan’s judicial order and procured a stay on Justice Karnan’s order.
It has now filed a fresh application against Justice Karnan’s direction to register a petition against Chief Justice Sanjay Kishan Kaul. It was mentioned by Senior Advocate KK Venugopal on Friday last week when the court agreed for an early hearing. Read more about that here.
3. Anita Kushwaha v. Pushap Sudan
[Item 501 in court 1 at 2 pm – TP (Civil) 1343/2008]
Bench: Chief Justice TS Thakur, FMI Kalifulla, AK Sikri, SA Bobde, R Banumathi JJ.
Case pertaining to transfer of cases from Jammu & Kashmir to other States. The court is seized of a number of questions including which law will be applicable if a case is transferred out of J & K.
4. Pankajakshi (Dead) Through L.Rs. & Ors. v. Chandrika & Ors.
[Item 501 in court 2 at 2 pm – Civil Appeal 201/2005]
Bench: Anil R Dave, Kurian Joseph, Shiva Kirti Singh, AK Goel, Rohinton Fali Nariman
The issue involved in this case is whether Civil Procedure Code will override a statute, which was a precursor to the Act, which governs the High Court. The Court is considering the issue, whether a case can be referred to a third judge when there is a conflict between two judges of the High Court, on a question of fact, and not question of law as required by Section 98 of the CPC. The hearing is in its final stage.
5. Common Cause (A Regd. Society) v. Union of India & Anr
[Item 502 in court 2 at 2 pm– Writ Petition (Civil) 215/2005]
Bench: Anil R Dave, Kurian Joseph, Shiva Kirti Singh, AK Goel, Rohinton Fali Nariman JJ.
A petition seeking a declaration to the effect that the ‘right to die with dignity’ be held a facet of the right to life under Article 21 of the Constitution. It had also prayed for a direction to the Centre and States to adopt suitable procedure to ensure that the persons with deteriorating health or the terminally ill be allowed to execute a document, viz., a ‘living will & Attorney authorization’. This document could then be presented to a hospital for appropriate action in the event the executant’s health worsens. A 3-judge Bench of the Court had referred the matter to a Constitution Bench. Read more about that decision here.
When the matter was last heard, the Centre had informed the court that it is examining the Law Commission’s report advocating passive Euthanasia and a Bill is likely to be drafted after a report is received from the Law Ministry. The matter was deferred for a week so that the Centre can make its stand clear based on the report from the Law Ministry.
6. Nabam Rebia v. Registrar General, Gauhati High Court and Ors.
[Item 501 in court 3 at 2 pm – SLP (Civil) 876/2016]
Bench: Jagdish Singh Khehar, Dipak Misra, Madan B Lokur, PC Ghose, NV Ramana JJ.
This case pertains to the removal of Arunachal Pradesh Speaker Nabam Rebia and is an appeal against the decision of the Gauhati High Court. Recently, the Union Cabinet recommended imposition of President’s Rule in the State which has been challenged by the Congress party.
When the matter was last heard, Senior Advocate Ashok Desai appeared for the Leader of Opposition. The hearing will resume at 2 pm today.
7. National Human Rights Commission v. State of Gujarat & Ors
[Item 29 in court 1 – Writ Petition (Crl.) 109/2003]
Bench: Chief Justice TS Thakur, UU Lalit J.
Case pertaining to 2002 Gujarat riots. Check evening updates to know more.
8. Samaj Bachao Mission Committee v. Union of India And Ors
[Item 7 in court 1 – Writ Petition (Civil) 42/2016]
Bench: Chief Justice TS Thakur, UU Lalit J.
Check evening updates to know more about this case.
9. Nandkumar v. The Honorable Registrar (General), The High Court Of Judicature At Bombay, Fort Mumbai And Ors.
[Item 14 in court 1 – SLP(Civil) 2965/2016]
Bench: Chief Justice TS Thakur, UU Lalit J.
A fresh petition. Check evening updates to know more about the case.
10. Jan Kalyan Field Workers Welfare Association v. PACL Ltd. And Anr.
[Item 5 in court 2 – Writ Petition (Civil) 74/2016]
Bench: Anil R Dave, AK Goel JJ.
Check evening updates to know more about this case.
11. Abdul Gani Bhat v. Chief Justice of J & K High Ct. & Anr
[Item 5 in court 3 – Crl. MP 10870 & 19760/2015 in Writ Petition (Crl.) D 32576/2013]
Bench: Jagdish Singh Khehar, R Banumathi JJ.
Check evening updates to know more about this case.
12. Binay Kumar Pandey v. High Court of Judicature at Patna And Ors.
[Item 51 in court 6 – SLP(Civil) 4183/2016]
Bench: FML Kalifulla, SA Bobde JJ.
A fresh petition. Check evening updates to know more about the case.
Bombay High Court
1. Samir Zaveri v. Union of India & Ors.
[Item 1 court 13- PIL(O)/50/2008
Bench: V.M. Kanade,Revati Mohite Dere JJ.
A PIL filed by Sameer Zaveri on preventing accidents on Mumbai’s local trains. In an order passed on December 15 last year, the General Manager (Western Railways) was directed to file an affidavit detailing the setting up of emergency medical rooms on stations. Amicus Jamshed Mistry had been directed to go through these reports and make suggestions.
2. Aarti Thakur v. State of Maharashtra through Women & Child
[Item 34 Court 43 – WP(C)/4267/2014]
Bench: V.M. Kanade, Revati Mohite Dere JJ
Aarti Thakur is a victim of an acid attack that took place in December of 2012. The petitioner has sought compensation under ‘Manodhairya Scheme’. Earlier, the Dean of JJ Hospital was asked to provide an estimate of the costs involved, as well as assist Thakur in receiving treatment.
3. New Bombay Advocates Welfare Association & Anr v. State of Maharashtra & Ors.
[Item 15 Court 13 – PIL(C)/239/2009]
Bench: A.S. Oka & C.V. Bhadang JJ.
A PIL on the construction of a court building and judicial quarters at Navi Mumbai in Taluka and district Thane. In an earlier order, the Court had said that it was the State’s mandate to provide courts with adequate infrastructure.
4. KFC International ltd. v. Union of India
[Item 34 Court 31 – WP(C)/11310/2014]
Bench: S.C. Dharmadhikar & G.S. Patel JJ.
Check evening updates.
Delhi High Court
1. Nokia Corporation Vs The Controller of Patents and Designs and Ors.
[Item 46, Court 10- W.P.(C) 1150/2016 ]
Bench- Manmohan J.
A fresh petition. Check evening updates.
2. State Vs Sushil Ansal and State Vs Gopal Ansal
[Item 30 & 31, Court 36- TR.P.(CRL.) 57/2015]
Bench- Siddharth Mridul J.
A petition filed by the Delhi Police seeking transfer of a case pertaining to alleged destruction of evidence in the 1997 Uphaar fire tragedy, which is pending in the court of an additional sessions judge in the Patiala House courts complex, to another competent court.
On the last date of hearing, the Bench had issued notice and sought a response from the Ansals and Dharamveer Malhotra.
3. Nipun Malhotra Vs. Government of Delhi NCT Through the Chief Secretary
Item 11, Court 1- W.P.(C) 11711/2015]
Bench- Chief Justice G Rohini, Jayant Nath J.
A petition that was filed alongwith a batch of petitions challenging the Odd-Even scheme of the Delhi Govt. The plea had sought to clarify the applicability of the Scheme to disabled persons.
While the Court had dismissed all the other petitions, it had kept this particular petition pending.
4. Government of National Capital Territory of Delhi Vs Union of India, Rajendra Prashad Vs Govt of NCT of Delhi, MA Usmani Vs Union of India & Ors, Naresh Kumar Vs Govt of NCT of Delhi & Ors.
[Item 25-35, Court 1]
Bench: Chief Justice G Rohini, Jayant Nath J.
A batch of petitions questioning the apportionment of powers between the Chief Minister and Lt-Governor. On the last date of hearing, ASG Sanjay Jain was arguing for the Union. He is expected to continue today.
5. World Wrestling Entertainment INC Vs. M/S Reshma Collection
[Item 9, Court 21- CS(OS) 1801/2013]
Bench- VK Rao J.
Check evening updates.
6. Yahoo INC.Vs MR Rinshad Rinu and Ors.
[Item 5, Lok Adalat- CS(OS) 3215/2015]
Bench- Ms. Neera Bharioke, Jt. Registrar (JUDICIAL)
Check evening updates.
7. The Gramophone Co of India Vs Super Cassettes Industries Ltd.
[Item 6, Court 24- CS(OS) 1625/1999]
Bench- Vipin Sanghi J.
Check evening updates.
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