Monday, May 31, 2021

Central Vista essential project of national importance - Delhi High Court dismisses plea to halt construction with Rs. 1 lakh costs

Central Vista a vital, essential national project: Delhi HC dismisses plea to halt work amid Covid pandemic

A Bench of Chief Justice DN Patel and Justice Jyoti Singh ruled that the work currently ongoing is part and parcel of the project and of vital importance and can't be seen in isolation.

"It is an essential project of national importance. The public is vitally interested in the project," the Court said.

On 31/05/2021
, the Delhi High Court dismissed a petition seeking direction to the Central government to stop the ongoing construction of the Central Vista Project in the national capital because of the COVID-19 pandemic
 (Anya Malhotra v. Union of India).

Tuesday, May 25, 2021

Allahabad High Court rejects anticipatory bail of Professor accused of putting obscene post about Smriti Irani on Facebook

Allahabad High Court rejects anticipatory bail of Professor accused of putting an obscene post about Smriti Irani on Facebook

ingle-judge Justice JJ Munir, while rejecting the plea, observed that the contents of the post may promote or has the likelihood to promote hatred between different communities.

"In the prima facie opinion of this Court, looking to the fact that the applicant is a senior teacher in a college and a Head of Department, conduct of this kind prima facie does not entitle him to the indulgence of anticipatory bail. This Court does not find it to be a fit case to grant anticipatory bail in the entirety of the circumstances. The application for anticipatory bail is hereby rejected," the Court ordered.

The Court said that the Facebook post was also shared by the co-accused in the crime, one Huma Naqvi, and the contents of the post are indeed such which may in fact, "promote or in all likelihood (have the tendency) of promoting ill-will or hatred between different communities."

Monday, May 24, 2021

Delhi High Court restrains illegal dissemination of Salman Khan's Radhe, directs WhatsApp to forthwith suspend infringing accounts

Delhi High Court restrains illegal dissemination of Salman Khan's Radhe, directs WhatsApp to forthwith suspend infringing accounts

Saturday, May 22, 2021

Candidates scoring 192 out of 700 getting admissions: Bombay HC asks Centre to reconsider Medical Education Policy

Mentioning that the pandemic has been a real eye-opener, the Bombay High Court on Wednesday opined that the medical education policy requires a re-look. The Court pointed out that the current policy enables a candidate from Defence or any other category to secure a sit even after scoring 192 out of 700, whereas, candidates scoring much higher marks do not get admission. 

Further referring to the situation where many students go abroad to pursue medical education due to lack of seats in India, the High Court division bench asked the Union Government to reconsider the entire admission process for all medical courses, Free Press Journal has reported.

"There has to be a relook at medical education now. The pandemic has been a real eye-opener," added Justice Kulkarni during the hearing of a clutch of Public Interest Litigations (PIL) on issues like Remdesivir, Oxygen, frequent hospital fires, etc.

"We have to think about our future generation. They should not be in the chaos that there aren't doctors to treat," the bench observed on 19/05/2021.

The division bench of CJ Dipankar Datta and Justice GS Kulkarni also praised the Mumbai Municipal Corporation's 'extraordinary vision' of establishing Medical colleges with Corporation hospitals and mentioned the Corporation has had a unique vision for ages.

Applauding the efforts by Mumbai Municipal Corporation, the bench noted that if the same pattern was used by other corporations and hospitals too, there would have been the availability of medical facilities today.

"Now if this pattern is to be employed by all hospitals like Pune Corporation has also woken up and want to have a Medical College, look at the impact it would've had, and the availability of beds and medical facilities. It's an extraordinary vision. And therefore they can bring all this in control. I don't think any other corporation in Maharashtra has had this vision. There are 5 medical colleges only in Bombay," observed the Court.

Further noting that the core work of any municipal corporation should be public health, the bench remarked, "Public health is always the back seat," adding that this aspect gets neglected always.

During the hearing, the Bench pointed out the discrepancy in the admission process and stressed the need to have a re-look into the admission policy.

"We can share our experience on this Bench. A candidate in a special category may be Defence or any other, is getting admission at 192 out of 700 NEET Score but one at 534 wasn't getting admission. We have hundreds and lakhs of students from 400-500 who wouldn't be considered worthy to pursue medical education in the system. Then now we say we don't have doctors!" Justice Kulkarni was quoted.

The High Court also pointed out the situation where students of India, go to other countries to pursue medical education as there are lack of medical seats in the country, and they need to clear a test after coming back home.

"Our students who are not getting seats here go to Russia, America, Germany etc and become really good doctors. Hardly do all of them come back. Several of them settle there. We should think on this aspect," Justice Kulkarni opined.

Although the Court mentioned that India must be proud as its students are doing so well abroad, the Court has further pointed out how this has led to a shortage of doctors in India itself.

"We need our doctors here in our country at this hour," the judge said.

"Isn't it somewhere we should really really be thinking. We are such a big country we should be proud of resources. Their requirement is here. If you can provide medical education facilities here we will have more doctors here," the Court observed.

The Additional Solicitor General agreed with the Court on the need to have a re-look at the medical education policy. However, he pointed out that it might be a sensitive area.

Replying to this, Justice Kulkarni noted, as reported by Live Law, "No no It's not sensitive. What's sensitive in this? Establishment of colleges is sensitive? Can't be. We are not bothered about any other consideration."

Further pointing out that colleges after being established should be allowed to start with 90% facilities after getting 25-30 students, rather than waiting for a large number like 50 or 100.

"Private bodies who aren't competent where infrastructure facilities are not fulfilled can take a back seat. But Corporations, have established hospitals, the government has civil hospitals but there will not be medical college," noted the Court.

Finally, stressing the need to have a re-look at the new admission policy, the High Court division bench observed, "Its high time for policy policymakers down and for govt to apply their mind. We can only echo our sentiments."

Friday, May 21, 2021

Imposition of IGST on import of oxygen concentrators as gift for personal use unconstitutional: Delhi High Court

The High Court has accordingly quashed the May 1 Notification levying 12% IGST on Oxygen Generators imported as gifts for personal use.

As per the Court's direction, such importers would now have to furnish a letter of undertaking to the authority concerned, stating that the oxygen concentrator is for personal use and not for commercial usage.

On Friday, the Delhi High Court held that the imposition of Integrated Goods and Services Tax (IGST) on the import of oxygen concentrators as a gift for personal use is unconstitutional (Gurcharan Singh vs UOI).

READ Judgment

Thursday, May 20, 2021

Register Nominee for Your Vehicle online

Vehicle ownership transfer

Currently, in the case of the death of a registered owner of a vehicle, transferring the vehicle to a nominee requires complying with a raft of procedures and frequent visits to different offices.

The Ministry of Road Transport and Highways has notified certain changes in the Central Motor Vehicles Rules, 1989 to facilitate the owner of a vehicle for nominating a person in the registration certificate, which would help the motor vehicle to be registered or transferred in the name of the nominee, in case of death of the owner.

The owner can put the name of the nominee at the time of registration of the vehicles and can also add it later through an online application. 

The process is otherwise cumbersome and non-uniform across the country. 

According to the notified rules, the owner of a vehicle has to submit proof of the identity of the nominee, in case the nominee is mentioned.

"Where the owner of a motor vehicle dies, the person nominated by the vehicle owner in the certificate of registration or the person succeeding to the possession of the vehicle, as the case may be, may for a period of three months from the death of the owner of the motor vehicle, use the vehicle as if it has been transferred to him, 

Provided that such person has, within thirty days of the death of the owner, informed the registering authority of the occurrence of the death of the owner and of his own intention to use the vehicle,

The nominee or person succeeding in the possession of the vehicle shall apply in Form 31 within three months from the death of the owner of the motor vehicle to the registering authority for the transfer of ownership of the vehicle in his name. 

For a change in nominee in case of contingencies like divorce or division of property, the owner may change the nomination with an agreed Standard Operating Procedure (SOP), it added.

The Ministry of Road Transport and Highways on November 27, 2020, had proposed to amend the Central Motor Vehicles Rules, 1989 to facilitate the owner of a vehicle for nominating a person in the registration certificate. 

An additional clause is proposed to be inserted wherein 'proof of identity of a nominee, if any', enables the owner to nominate anyone to be the legal heir of the vehicle in case of death.

For transferring the vehicle to the legal heir in case no nominee has been specified by the owner, it is proposed that an additional clause may be inserted to enable the owner to nominate a nominee. In a case where the nominee is already specified, the vehicle will be transferred in his/her name.

Register Nominee for your Vehicle online

Sunday, May 16, 2021


Property of a person who is not a 'taxable person' cannot be attached under Section 83 CGST Act: Delhi High Court

In  the case of (Roshni Jaiwal vs CCT), The Delhi High Court has ruled that under Section 83 of the Central Goods and Services Tax Act, the authorities cannot attach property including bank accounts of persons who are not "taxable persons".

 The order was passed in a petition preferred by a former director of the company facing investigations under Section 67 of the Act.

The petitioner was also a shareholder in the company and presently associated with it as a "mentor".
The petition was directed against orders by Commissioner of Central taxes, GST, which provisionally attached several banks accounts of the petitioner.

The Court first held the writ petition under Article 226 to be maintainable, ruling that availability of an alternate remedy will not be a bar to entertain the plea.

"The fact that an alternate remedy is available to a litigant is a self-imposed limitation on the Court. The Court can and should exercise its powers, under Article 226 of the Constitution, amongst others, in cases where the impugned action or order concerned is without jurisdiction," the Court said.
The Court noted that sub-section 1 of Section 83, in no uncertain terms provide that provisional attachment could be ordered only concerning the property, including bank account, belonging to "taxable person".

Thursday, May 13, 2021


फिलहाल मोटर व्हीकल अधिनियम, 1988 की धारा-47  के मुताबिक एक से दूसरे राज्य में ट्रांसफर होने वाले कर्मचारियों को अपने वाहनों का री-रजिस्ट्रेशन कराना पड़ता है। जिसके तहत उन्हें 15 साल में से बचे हुए सालों का रोड टैक्स जमा कराना पड़ता है। वहीं पुराने राज्य से एनओसी लेनी पड़ती है और नए राज्य में जमा करानी पड़ती है। साथ ही रोड टैक्स की रकम के दावे के लिए जहां गाड़ी पहले रजिस्टर्ड थी, उस राज्य को आवेदन करना होता है, जिसके चलते कई लोग क्लेम ही नहीं लेते हैं। सरकार इसके लिए लोगों को 12 महीने का वक्त देते है। अक्सर देखा गया है कि एक से दूसरे राज्य में ट्रांसफर होने वाले कर्मचारियों को अपने वाहनों का री-रजिस्ट्रेशन कराना पड़ता है।नौकरीपेशा लोगों को ट्रांसफर होने पर अकसर एक बड़ी दिक्कत का सामना करना पड़ता है वह है एक राज्य से दूसरे राज्य में वाहन का री-रजिस्ट्रेशन करना। इसके लिए उन्हें न केवल अच्छी खासी मशक्कत करनी पड़ती है, बल्कि जेब भी ज्यादा ढीली करनी पड़ती है। पिछले काफी समय से सरकार से इस समस्या के हल की मांग उठ रही थी। सरकार ने इसे आसान बनाने को लेकर एक DRAFT NOTIFICATION जारी कीया है, 

नए ड्राफ्ट रूल्स से लोग दूसरे राज्यों में बेरोकटोक आवाजाही कर सकेंगे।

Recently जारी मसौदा अधिसूचना (ड्राफ्ट नोटिफिकेशन) के मुताबिक एक राज्य से दूसरे राज्य में शिफ्ट होने वाले निजी वाहनों की प्रक्रिया को आसान बनाने के लिए ऐसे वाहनों को IN Series के नंबर अलॉट किए जाएंगे।

सरकार ने यह कदम लोगों की सहूलियत और इसे लेकर पैदा हो रही तकनीकी समस्या को देखते हुए उठाया है। इस ड्राफ्ट नोटिफिकेशन पर मंत्रालय ने 30 दिनों के भीतर राज्यों एवं केंद्र शासित प्रदेशों के अलावा आम नागरिकों से सुझाव मांगा है।

Monday, May 10, 2021

Seizure of oxygen concentrators from Khan Market: Delhi court declines to grant interim relief to businessman Navneet Kalra

A Delhi Court has reportedly refused to grant interim relief to businessman Navneet Kalra in the case filed in connection with the seizure of oxygen concentrators from Kalra's restaurants, including "Khan Chacha."

Kalra had moved a Saket Court seeking anticipatory bail in the case. As per an News report, Special Judge Sumit Dass has directed the Investigating Officer to file the reply to the application by tomorrow, when the case will be taken up next. 

In the meanwhile, there would be no interim stay on any coercive action that may be taken against Kalra, the Court is stated to have clarified. 

Public Prosecutor Atul Shrivastava opposed the pre-arrest bail application in court today, adding that since it was a case being probed by the Crime Branch, the Saket court was not the suitable court. 

Last week, oxygen concentrators were reportedly recovered from restaurants owned by Navneet Kalra, including 96 from "Khan Chacha". 

The police claimed that the imported concentrators were being sold in the black market amid the COVID-19 crisis. 

On Saturday, the police transferred the case to the Crime Branch. Kalra has been absconding, reports add. A lookout notice has also been reportedly issued.

Wednesday, May 5, 2021

Bombay High Court quashes FIR by Mumbai Police against Sunaina Holey in relation to Tweet allegedly promoting religious enmity

The Bombay High Court on Wednesday quashed a First Information Report (FIR) registered against Sunaina Holey by the Mumbai Police cyber cell for her tweet allegedly promoting enmity between two communities.

The Court said that the tweet did not name any communities and it has to be judged from the perspective of a prudent man.

"Neither community nor religion is named. If the test of a strong or prudent person is applied said tweet cannot be said to have created hatred between community or show the petitioner has men's rea," the Court said.

The Court said that while it appreciates the efforts of police in ensuring that the situation does not go out of hand, the contents of the FIR do not constitute an offence.

"After careful and in-depth consideration, we deem it fit to quash FIR," the Court, therefore, ordered.

The order was passed by a Bench of Justices SS Shinde and MS Karnik on a plea by Holey to quash the FIR registered against her after she tweeted a video that allegedly had the possibility to promote enmity between religious communities.

"Hauling up officers for contempt won't bring oxygen:" Supreme Court stays Delhi High Court order on contempt of court against Centre

The Supreme Court said that there is no reason for the time being to exercise contempt of court jurisdiction against government officers but asked the Central government to submit a tabulated plan to meet the 700 MT Oxygen target by 10.30 am on Thursday.

"We stay the operation of the contempt notice issued by Delhi HC. this stay will not be a restraint on Delhi HC to monitor the on-ground situation on other heads," the Court ordered.

The Court was hearing an appeal against the show cause notice for contempt issued to the Central government by the Delhi High Court.

The matter was heard today by a Bench of Justices DY Chandrachud and MR Shah after Solicitor General Tushar Mehta mentioned the matter before Chief Justice of India NV Ramana this morning.

"Ultimately putting officers in jail or hauling officers for contempt will not bring oxygen. Please tell us steps to solve this," Justice Chandrachud remarked. during the hearing.

No review on 50% cap on reservation, quota for Marathas invalid: Supreme Court

Supreme Court strikes down Maratha Reservation law for exceeding 50 per cent cap; upholds Indra Sawhney, 102nd Constitutional Amendment

On Wednesday, the Supreme Court quashed Maharashtra law to grant reservation for Marathas in jobs and educational institutions and ruled that there was no need to re-examine its 1992 verdict capping quota at 50 per cent. 
A five-judge Constitution bench of Justices Ashok Bhushan, L Nageswara Rao, S Abdul Nazeer, Hemant Gupta and S Ravindra Bhat were unanimous on the unconstitutionality of Maratha law and said that the Maratha community can not be declared as socially and educationally backward community to grant them reservation. 
The court also pointed out that there were no exceptional circumstances and extraordinary situation to justify a breach of a 50 per cent cap in granting reservation to Marathas. 
The state government had framed the law on November 30, 2018, granting a 16 per cent quota for Marathas in government jobs and admission in educational institutions. 
While upholding the law, Bombay High Court on June 27 last year directed the government brought it down to 12% for education and 13% for jobs as recommended by a state-appointed backward class commission headed by former HC judge M B Gaikwad. 
Challenging the high court’s, the petitioners contended that the HC misread SC judgments to conclude that there is no stringent ceiling limit of 50% reservation as set out in the 1992 Indra Sawhney case. 

Allowing the appeal, the apex court quashed the high court order.
The main plank of the bunch of petitioners challenging the validity of the Maratha quota is that it took the total reservation way beyond the 50% ceiling on quota put by the SC in its landmark Indra Sawhney judgment in November 1992, while upholding the validity of 27% OBC quota in government jobs, which was later extended to admissions in state-run educational institutions. 
However, the state government said that there was no illegality in giving reservation to the Maratha community and pointed out that many states were providing reservation above 50 per cent, which has not been stayed by SC. 
Various states have also supported the Maharashtra government and pleaded that SC's 1992 verdict by nine-judge bench needed to be re-examined and contended that that 50 per cent cap imposed by judicial verdict should go and they should be allowed to decide on the quantum of quota required. 

Sunday, May 2, 2021

Insurance policies have to cover mental illness, cannot discriminate between physical illnesses and mental illnesses: Delhi High Court

"All insurance companies are liable to give effect to Section 21(4) of the MHA, 2017 with effect from the date when it has come into force i.e., 29th May, 2018. Mental illnesses ought to be covered without any discrimination,"  Delhi High Court