Articles by "High Court"
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Hello Jammu News at 11:28:00 PM 0
Reserve Bank Of India


Ahmedabad, Jan 28 :  The Gujarat High Court on Tuesday issued notice to Reserve Bank of India on a PIL filed by eight trade federations in the state seeking the court's direction to the central bank to not allow unions to go on strike.

Bank unions may go on a two-day nationwide strike on January 31 and February 1, followed by a three-day strike from March 11-13, and indefinite strike from April 1, mainly over their demand for wage revision.

The division bench of Chief Justice Vikram Nath and Justice AJ Shastri issued notice to the RBI, returnable on January 30.

The federations have prayed to the court to direct the RBI to not allow banks to go on strike and also take strict action against employees for frequently going on strikes for their own financial benefits.

The PIL said such strikes by bank unions are illegal and are meant only for their own financial benefits at the cost of the public who have to suffer harassment and financial loss.

The bank employees associations are going on strike over issues like salary, leaves, and other benefits, which can be achieved as per the provisions of law and not by declaring strikes, the PIL claimed.

The PIL claimed the strike would cause a loss of Rs 12,700 crore per day.

The PIL has been filed by Gujarat Traders Federation, Rajkot Chamber of Commerce and Industry, Central Gujarat Chamber of Commerce and Industry, Ahmedabad Auto Parts Association among others.

The strike call has been given by United Forum of Bank Unions (UFBU), an umbrella body of the nine unions, including All India Bank Officers' Confederation (AIBOC), All India Bank Employees Association (AIBEA) and National Organisation of Bank Workers (NOBW).
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Hello Jammu News at 10:02:00 PM 0
Deepika Paducone


New Delhi, Jan 22 :  A petition seeking contempt proceedings against the makers of Deepika Padukone-starrer film 'Chhapaak' was Wednesday filed in the Delhi High Court by an advocate who represented acid attack survivor Laxmi Agarwal on whose life the movie is based.

Advocate Aparna Bhat approached the HC, saying that film director Meghna Gulzar and producer Fox Star Studios did not comply with its order restraining them from screening the film without giving credit to the lawyer for inputs she shared with them.

Justice Prathiba M Singh had on January 11 directed the filmmakers to acknowledge advocate Aparna Bhat in the opening credits by including the line -- "Inputs by Ms Aparna Bhat, the lawyer who represented Laxmi Agarwal, are acknowledged".

"Pass an order awarding punishment for contempt of court against contemnors for 'willful and blatant disobedience' of judgement dated January 11 and order dated January 11," the petition said.

It claimed that "grave and irreparable harm and injury would be occasioned to the petitioner if this court does not grant the relief".

The bench had on January 11 passed the order on a plea by Fox Star Studio, producer of the movie which was released on January 10, challenging a trial court's order asking them to acknowledge the contribution of the advocate.

Regarding the theatrical exhibition, the high court had said since the film has already released on January 10, both internationally and in India, to ensure that there was no disruption in the screening, it was directed that the film would not be exhibited in theatres with effect from January 15 without adding the credit to the advocate to the digital copies.

In the theatres where physical copies of the film were to be supplied by the producer, the changes had to be carried out with effect from January 18, it had said.

The film producer's advocate had said the trial court did not hear them before passing an order and an ad-interim ex-parte injunction was passed which is unusual.

The counsel for Bhat had said she had fought the case for Laxmi pro-bono and was not seeking any publicity and she was approached by Gulzar to get some authenticity in the movie.

He had said that Bhat's assistance was based on her communication with Gulzar that her contribution would be acknowledged.

Bhat, in her plea before the trial court, had said that despite representing Laxmi in courts for several years and helping in the movie making, she was not given credit in the movie.

She had said the film-makers took her help in the entire process of writing and shooting the movie, but did not give her credit.
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Hello Jammu News at 11:16:00 PM 0


Allahabad, Jul 19 :  The Allahabad High Court Friday issued notice to Prime Minister Narendra Modi on a petition challenging his election from Varanasi parliamentary constituency.

Justice M K Gupta fixed August 21 for hearing of the case. 

The petition was filed by former BSF jawan Tej Bahadur Yadav, who was declared Samajwadi Party candidate from Varanasi but failed to contest the election as his nomination papers were rejected by the returning officer.

The reason given for rejection of Yadav's papers was his failure to submit a certificate that he was not sacked from the BSF for either corruption or disloyalty. 

In his election petition, Yadav alleged that his nomination paper was wrongly rejected and requested the court to declare null and void Modi's election as member of Parliament from Varanasi.

After hearing the petitioner's counsel who argued that Yadav was not given an opportunity of being heard before rejection of his nomination papers, the court issued notice to PM Modi.
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Hello Jammu News at 6:46:00 PM 0


Amaravati, Mar 29 :  The Andhra Pradesh High Court Friday refused to stall the Election Commission of India's order, transferring two IPS officers, including the Director General of Intelligence and a non-cadre officer in the state government, and keeping them away from election duties.

The Chandrababu Naidu government was keen on retaining the controversial DG, Intelligence, A B Venkateswara Rao, whom the opposition YSR Congress has been accusing of "working like a TDP cadre".

A division bench, comprising acting Chief Justice Praveen Kumar and Justice Satyanarayana Murthy, ruled that there was 'no case for interim relief' in the matter and said the state government should comply with the EC order.

It rejected the government's contentions on the issue, particularly that the DG had nothing to do with the conduct of elections and that the EC had no jurisdiction over him.

The EC had late on Tuesday night issued an order to Chief Secretary Anil Chandra Punetha, directing that the DG, Intelligence, and Superintendents of Police of Kadapa and Srikakulam districts be transferred forthwith and attached to the state police headquarters.

It said no election-related work should be assigned to the three officers till the completion of the polls. Around midnight on Tuesday, Punetha issued an order transferring the three officers in line with the directive.

The scene, however, changed on Wednesday as the Chief Secretary issued a fresh order that afternoon, cancelling his earlier one and retained the Intelligence DG to the same post while shifting the two SPs.

The EC subsequently appointed Grewal Navdeep Singh and Abhishek Mohanty as SPs of Srikakulam and Kadapa districts.

The chief secretary also got a writ petition filed in the High Court, challenging the ECI order even as Chief Minister Naidu shot off a seven-page letter to the poll panel, protesting the transfers, particularly that of the DG, Intelligence.

Naidu alleged that the election commission's action was 'prima facie hasty, biased, undemocratic and suffers from the principles of natural justice".

He claimed the EC's conduct has become "questionable" due to this "coloured decision", which is deliberately aimed at benefitting the YSR Congress "under the influence of (Prime Minister) Narendra Modi, aided by (Telangana Chief Minister) K Chandrasekhar Rao".

The government issued a separate order on Wednesday, designating certain police officers from the DGP to the rank of a constable for law and order duties in connection with the April 11 elections to the Lok Sabha and state Assembly.

The DG of Intelligence has been kept away from election duties.

"The ECI cannot engage in unchecked, arbitrary and uncanalised exercise of power. The ECI order suffers from the vice of lack of jurisdiction, suffers from being a colourable exercise of power and is based on alien purposes or oblique motives which have nothing to do with the conduct of polling duties," state Political Secretary (General Administration Department) N Srikant said in the petition, filed on behalf of the chief secretary.

The High Court heard arguments in the case on Thursday.

The YSR Congress also impleaded in the case.

Advocate General D Srinivas contented that the ECI has no jurisdiction to transfer an officer not under its purview.

Former AG Prakash Reddy, counsel for the ECI, pointed out that the Intelligence DG was very much on election-related duties under Section 28-A of the Representation of People Act and that the state government issued an order in this regard.

The AG claimed the said government order was issued erroneously.

"How could the police department function without the intelligence wing?" the ECI advocate countered.

The High Court delivered its verdict on the petition on Friday, refusing to grant any relief to the state government.         [Agencies]
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Hello Jammu News at 6:12:00 PM 0


Ahmedabad, Mar 29 :  Patidar leader Hardik Patel's hopes of fighting next month's Lok Sabha polls hit a major roadblock with the Gujarat High Court Friday dismissing his plea to stay his conviction in a 2015 rioting case.

April 4 being the last date of filing of nominations in Gujarat, Hardik has a few days to challenge the judgement in the Supreme Court.

Hardik, who joined the Congress on March 12, had expressed his willingness to contest the election from Jamnagar Lok Sabha seat.

During the earlier hearings, the Gujarat government had strongly opposed his plea saying that Hardik has criminal antecedents with 17 FIRs registered against him, including two cases of sedition.

After the high court's judgement, Hardik's lawyers said they would first study the order and then decide about approaching the Supreme Court.

Justice A G Uraizee took into account the submissions made by the Gujarat Government while rejecting Hardik's petition seeking a stay on the conviction awarded to him by a sessions court, which was coming into his way to contest the April 23 Lok Sabha polls.

In his order, Justice Uraizee noted that conviction can be stayed only in exceptional cases and Hardik's case does not fall into that category.

Citing the state government's submission, the court said as many as 17 FIRs were registered against Hardik in Gujarat.

The court also noted that looking at the criminal background of Hardik, no relief can be granted.

In July last year, the sessions court at Visnagar in Mehsana district sentenced Patel to two years of imprisonment for rioting and arson in Visnagar town in 2015 during the Patidar quota stir.

In August last year, the high court suspended the lower court's order sentencing him to two years' jail term in the 2015 rioting case, but did not stay his conviction.             [Agencies]
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Hello Jammu News at 4:37:00 PM 0


Jabalpur, Mar 9 :  The Madhya Pradesh High Court has directed a government college to reinstate a guest lecturer whose services it had terminated during her maternity leave.

Setting aside the order of termination, Justice Sujoy Paul Friday asked the college to give her maternity benefits.

Richa Tiwari, a guest faculty of computer science in the Government Naveen Mahavidyalay at Lidhoura in Tikamgarh district, had filed the petition challenging her termination order of October 22, 2108, her counsel said.

"The high court said the respondents (including the state government) shall reinstate the petitioner in service and treat the relevant period as maternity leave and grant maternity benefits to her," Tiwari's counsel Madhavi Chaturvedi said.

The petitioner had applied for maternity leave on October 1, 2018 while in advance stage of pregnancy. She had also attached medical documents in support. But the college authorities did not respond to it, she said.

"However, her services were terminated on October 22 on the pretext that she remained absent from the college without informing the authorities, whereas the petitioner had already applied for maternity leave," Chaturvedi said.                [Agencies]
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Hello Jammu News at 1:18:00 PM 0



New Delhi, Jan 1 : Corporate legal cases saw companies from various sectors including telecom, aviation, banking and agro knocking on the doors of the Delhi High Court for relief in 2018.

In the year gone by, the pharma sector also witnessed an ugly legal fight between the former promoters of healthcare major Ranbaxy -- Malvinder and Shivinder Singh -- and Japanese company Daiichi Sankyo.

The high court took tough stands, ranging from freezing of bank accounts, ordering personal appearance in court and partial payment of an arbitration award of Rs 3500 crore, against the brothers, who later split and one of them claimed to be physically thrashed by the other.

The tough times for the pharma sector was best reflected when the high court restrained online sale of medicines -- both on prescription and otherwise -- till a rule comes in place to regulate them.

However, the pharma sector had some reason to cheer as the high court set aside the government's ban on private manufacture and sale of Oxytocin drug, used to induce labour and prevent bleeding during child birth.

The high court held that confining manufacture of the drug to a state-run entity would result in restricted supply of the potentially life-saving medicine, posing a deleterious effect on pregnant women and young mothers.

The decision came on the plea of the private players which were making and selling the drug till now.

While the private companies making and selling Oxytocin had a cause for cheer, several pharma majors still await the high court's decision in their pleas challenging the Centre's decision to ban over 300 fixed dose combination drugs.

Though the high court ordered that no coercive steps be taken against them for selling their stock already in the market, the companies were directed to stop production till a final order is passed.

While it was a mixed bag for the pharma sector, the year was not so good enough for low-cost private carriers Indigo and Spicejet which had to partially shift their operations from Terminal-1 to Terminal-2 of the Indira Gandhi International Airport as the high court did not give any relief to them.

The airlines had challenged the decision of the Delhi International Airport Ltd (DIAL) to partially shift them to T2 to enable redevelopment of T1.

The high court also declined to interfere in LIC's takeover of ailing PSU bank IDBI as well as the Competition Commission of India's (CCI) investigation against agro-major Monsanto for abuse of dominant position.

Monsanto received another blow this year, when the high court dismissed its plea to enforce in India the patent for its BT cotton seeds, a genetically modified variant which resists bollworms.

However, in telecom major Vodafone's cases, it was a mixed outcome in 2018 as the high court allowed it to continue with its two international arbitration against India in connection with a tax demand of Rs 11,000 crore, but in a separate matter dismissed its plea for tax refund of over Rs 4,759 crore.        PTI
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Hello Jammu News at 7:15:00 PM 0


Guwahati, Dec 14 : The Gauhati HC has directed the Assam government's health department to ensure examination of a thalassemic patient and issue a disability certificate being sought by her to apply for a UGC fellowship to pursue her PhD studies.

The court observed that the petitioner is suffering from thalassemia, which is a recognised specified disability as per the schedule to the Rights of Persons with Disabilities Act, 2016.

Besides, she also belongs to the OBC category.

Hearing the case, Justice Ujjal Bhuyan also directed the UGC authorities on Tuesday to consider the case of the petitioner and extend the deadline of the application for her by another seven days from December 24 to December 31, 2018.

The judge directed the petitioner to appear before the joint director of health services Kamrup(Metro) within seven days for examination.

If she satisfies the required criteria, the certificate of disability should be issued to the petitioner within seven days from the date of appearance.

Sabrina Begum, the petitioner, is a thalassemic patient and a PhD scholar of 2017 of Tezpur Central University. 

She had tried to apply for the National Fellowship for Persons with Disabilities (2012-2017) granted by the University Grants Commission (UGC) but was not able to produce a disability certificate supporting her application.

Sabrina, who has lost both her parents, approached the Disability Law Unit-North East of the NGO 'Shishu Sarothi' who filed a representation on her behalf before the directorate of health services requesting it to consider her case and issue a disability certificate on an urgent basis.

As there was no response from the health department, the NGO went on to file a writ petition in the Gauhati HC on December 3.

The petitioner's counsel submitted before the court that the health and social welfare departments would be relevant for certification under Section 57 of the Rights of Persons with Disabilities Act, 2016 though primarily it would be the health department.

Following a query by the HC, the health department counsel produced a copy of a notification issued last year by the secretary to the department stating that the joint director of health services of respective districts were the certifying authority under Section 57 of the Disability Act, 2016.

Justice Bhuyan after hearing the arguments said that as the petitioner is under treatment at the Gauhati Medical College and Hospital, the competent authority to issue a certificate is the joint director health services of Kamrup Metro district.

After due examination, the joint director of health services of Kamrup metro district must issue the certificate if the petitioner satisfies the criteria, the judge said.    PTI
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Hello Jammu News at 5:19:00 PM 0


Nainital, Oct 12 (PTI) The Uttarakhand High Court has asked the state government to ensure supply of essential commodities to remote villages in Pithoragarh district using choppers within 24 hours and maintain this throughout the winter season. 


The order came Thursday on a PIL filed by the residents of around a dozen villages of the district complaining of shortage of essential food items and other necessities due to their location in inhospitable terrain and poor road connectivity.

A bench of Acting Chief Justice Rajiv Sharma and Justice Manoj Tiwari directed as an interim measure the Uttarakhand government is to provide necessary rations, including flour, ghee, rice, cereals and pulses including fresh vegetables, spices, kerosene oil, matchboxes, condensed milk, tea, toiletries, blankets and other items of daily need within 24 hours by helicopter.

The court also asked the state government to maintain regular supply of these items to the villages concerned till the winter season is over. 

"It shall be open to the state administration to liaison with the Indo Tibetan Border Police Force to punctually implement this order. We also permit the chief secretary of Uttarakhand, to take the assistance of the Indian Air Force towards the implementation of this order," the court said. 

The PIL was filed by the residents Lamari, Bundi, Chaiya Lekh, Garbiyang, Napalchu, Gunji, Nabi, Rongkong, Kuti, Kalapani, Nabhi Dhang of Pithoragarh district.

Together they have a population of about 9,000 but there are no roads connecting these villages. The only approach to these villages is by bridle paths and trails, the PIL said.

The terrain of these areas is inhospitable. In 1999-2000, the Centre decided to construct the Ghatiyabagarh-Lipulekh Motor Road, but till date, the road has not been completed. Therefore, compounding the difficulties faced by the residents, it said.

The PIL said due to lack of communication and suspension of helicopter service after the Kailash-Mansarovar Yatra, they do not have necessary and essential food items and other necessities. 

There were media reports recently that inadequate supply of essential food items to villagers in parts of Pithoragarh had made them turn to Chinese items available in the markets of Nepal.

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Hello Jammu News at 1:33:00 PM 0

New Delhi, Oct 8:The Delhi High Court Monday allowed the Central Bureau of Investigation (CBI) to file a closure report in the case related to missing JNU student Najeeb Ahmed.

The bench of justices S Muralidhar and Vinod Goel said Ahmed's mother, who had moved the court for a direction to the police to trace her son, could raise her grievances before the trial court where the report was filed.

The court said if Najeeb's mother wanted the status report of the probe, she would have to move the trial court.

Ahmed had gone missing from the Mahi-Mandvi hostel of the Jawaharlal Nehru University (JNU) here on October 15, 2016, following a scuffle with some students allegedly affiliated to the Akhil Bharatiya Vidyarthi Parishad (ABVP) the previous night. (PTI)
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Hello Jammu News at 4:13:00 PM 0

Kochi, Oct 3: The Kerala High Court Wednesday dismissed the bail plea of Roman Catholic Bishop Franco Mulakkal, arrested over allegations of repeatedly raping and sexually assaulting a nun.

Justice Raja Vijayaraghavan dismissed the bail plea while accepting the prosecution argument that the accused, holding a high position in society will try to influence witnesses in the case, if he is granted bail.

Police said the investigation in the case is progressing even after the arrest of the accused.

The court also took note of the submission by the prosecution that the investigation in the case was at a crucial stage and more statements of fellow nuns have to be recorded before the magistrate under Section 164 of the CrPC in connection with the case.

The Bishop moved the High Court after a magistrate court in Pala rejected his bail application.

He is currently under judicial remand in a sub-jail in Pala in Kottayam district.

In her complaint to the Kottayam Police in June, the nun had alleged that Bishop Mulakkal raped her at a guest house in Kuravilangad in May 2014 and later sexually exploited her on several occasions.

The nun said she had to approach the police as church authorities did not act on her repeated complaints against the clergyman.

However, the bishop has denied the charges. (PTI)

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Hello Jammu News at 5:00:00 PM 0

New Delhi, Sep 18: The Supreme Court Tuesday stayed a Patna High Court order asking the CBI special director to set up a fresh team to probe Muzaffarpur shelter home sexual abuse case.

Patna High Court had on August 29 ordered that a fresh team of investigators be constituted by the Special Director of CBI in the case in which incidents of alleged rape and sexual assault of women inmates over a period of time had come to light in an NGO-run shelter home at Muzaffarpur.

A bench of Justices Madan B Lokur and Deepak Gupta said changing the CBI team at this stage will be detrimental to the ongoing investigation.

Attorney General K K Venugopal told the court that the existing probe team carrying out investigation was set up by the CBI director on July 30.

"We don't see any reason why the existing CBI team, probing the Muzaffarpur shelter home case, should be changed at this stage," the apex court said.

Over 30 girls were allegedly raped at the shelter home run by Brajesh Thakur, the chief of a state-funded NGO. The alleged sexual exploitation of the girls was first highlighted in an audit report submitted by TISS to the state's social welfare department.

The top court also asked the probe agency to place before it the two status reports of probe in the case which were filed earlier before the Patna High Court and listed the matter for further hearing on September 20.

An FIR was lodged against 11 people, including Thakur, on May 31. The probe has been taken over by the CBI.

The incidents of alleged rape and sexual assault of the women inmates had come to light after a social audit was conducted by the Mumbai-based Tata Institute of Social Sciences (TISS). (PTI)
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Hello Jammu News at 4:35:00 PM 0

New Delhi, Sep 15: The Delhi High Court was told by the police Friday that it has installed around 4,388 CCTV cameras in vulnerable areas of the national capital to ensure safety and security of women.

The Delhi Police made the submission in an affidavit filed in response to a public interest litigation (PIL) moved in March this year by some lawyers for safety of women after a few women complained about "urine and semen-filled" balloons allegedly being hurled at them in and around North Campus of Delhi University.

The petitioner lawyers have sought formulation of guidelines to ensure safety of women during occasions such as Holi and New Year.

The affidavit of the Delhi Police was placed before a bench of Chief Justice Rajendra Menon and Justice V K Rao which did not hear the matter on Friday as one of the judges was not available.

The court had on May 16 directed the police to indicate the status regarding installation of close circuit television (CCTV) cameras in the city.

The police in its affidavit has also said that in the alleged incident regarding throwing of a "urine-filled balloon" at a woman in the campus area, the "complainant did not cooperate" and therefore, the case was marked as "untraced".

With regard to the alleged throwing of a "semen-filled balloon", the police has said that the Forensic Science Laboratory (FSL) did not find any trace of semen on the complainant women's clothes.

It said that it had arrested one person in March this year in connection with the second incident, but he was released on bail, adding that a charge sheet will be filed in the matter.

Police said it was imparting self-defence training to women and also conducting programme to empower them.

The petitioners, in their plea, have also sought setting up of women police control rooms (PCRs), increase in the number of women police booths and an anonymous drop box for written complaints, claiming that complainants are often bullied and harassed. (PTI)
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Hello Jammu News at 3:36:00 PM 0

Ahmedabad, Aug 30: The Gujarat High Court has issued a notice to the state government on a petition of a group of fishermen seeking that an order suspending their fishing contract licence be revoked.

The fishermen claimed that their contract for fishing in a lake in Gujarat's Sabarkantha district was suspended earlier this year after some upper caste locals complained that the activity hurt their religious sentiments.

A division bench of Justices Anant Dave and Biren Vaishnav issued notices yesterday to the government and the commissioner of fisheries on the petition of 'Asha Matsya Vikas Khedut Mangalam Mandal', a fishermen's group.

The petition, filed by the group's lawyer advocate S H Iyer, challenged suspension of their fishing contract in the Pratapsagar Lake near Idar town in Sabarkantha.

A person, Hirala Joshi, had earlier filed a Public Interest Litigation (PIL) challenging the tender floated for awarding the contract.

The fishermen said in their plea that they belong to a "backward class", and that the contract was granted to them in October 2017, "subject to the outcome of that PIL".

The contract was suspended on February 21 by the fisheries commissioner till the final outcome of the PIL.

However, the PIL was withdrawn later.

"Since the PIL was revoked, the order suspending the contract was required to be revoked, which was not done," the petition said.

"The contract was suspended on the ground that the district collector had received a complaint from certain local people belonging to the upper caste alleging that their religious sentiments were hurt on account of the fishing activity in the lake," it said.

The petition urged the high court to direct authorities to allow them to operate in the lake. (PTI)
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Hello Jammu News at 6:22:00 PM 0

Mumbai, Aug 29: The Bombay High Court today said the Centre's delay in allotting space for the Debts Recovery Tribunal (DRT) was causing loss to the Maharashtra government while borrowers from banks were benefiting.

The DRT, which deals with debt recovery cases involving banks, financial institutions and their customers, is non-functional since three months.

The tribunal had been operating out of the Scindia House building in the Ballard Estate area in South Mumbai, but the premises were shutdown on June 2 following a fire.

The bar association of the tribunal approached the high court last month, seeking a direction to the Union government to allot appropriate space for the DRT's office.

Earlier, the Union government had informed the court that it identified office spaces at the MTNL building in South Mumbai and in the Mumbai Port Trust Area for the DRT.

Additional Solicitor General Anil Singh, appearing for the Union government, told the court today that one floor of the MTNL building would be made available for the tribunal after two weeks.

A division bench of Justices A S Oka and M S Sonak said when the petition was heard on August 13, the Centre had said it would make available three floors in the MTNL building within a period of 15 days.

"Now the government is saying only one floor would be available and that too after two weeks. Is the government so helpless that it cannot allot space for the DRT?" Justice Oka said.

"Three months have passed since the DRT is non-functional. This delay is causing loss to the government and borrowers from banks are having a great time," he said.

The court posted the petition for further hearing on August 31 and asked the government to submit an undertaking, stating by when the DRT would start functioning again. (PTI)
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Hello Jammu News at 12:05:00 PM 0


Mumbai, Aug 29 :  Clothing retailer Fabindia has informed the Bombay High Court that it does not intend to use the term 'khadi' for its products.
Fabindia submitted an undertaking on August 27 before a single bench of Justice S J Kathawalla which was hearing an application filed by the Khadi and Village Industries Commission (KVIC).

The KVIC had approached the high court in June this year against Fabindia for illegally using its trademark "charkha" (spinning wheel) and selling the apparel with the khadi tag.

In its suit, the KVIC had sought damages to the tune of Rs 525 crore from Fabindia.

In a separate application, the KVIC had also sought an injunction order to be passed by the court, prohibiting Fabindia from using the term khadi to sell its products.

"Fabindia has filed a detailed affidavit challenging registration of the word 'khadi' by the KVIC. In the undertaking submitted on Monday, Fabindia has said that at present it does not intend to use the term for its products," the retailer's counsel, Janak Dwarkadas, said.

He said Fabindia would give the KVIC an advance notice of four weeks if the clothing retailer intends to use the term khadi to sell its products.

Justice Kathawalla accepted the undertaking and disposed of KVIC's application.

The court will hear on a later date the suit filed by KVIC seeking Rs 525 crore damages from Fabindia for monetary damages for loss of profit due to the clothing retailer using the khadi trademark.

The suit claims that Fabindia sells factory-made cotton garments under the guise of khadi (a hand-spun, hand-woven natural fibre cloth).

According to the suit, Fabindia continued to sell garments in the name and style of khadi, despite several correspondence sent to it by the KVIC and also a legal notice issued to it in February this year, asking it to refrain from doing so.PTI


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Hello Jammu News at 2:13:00 PM 0

Nainital, Aug 25: The Uttarakhand High Court has slammed the chairman of Central Administrative Tribunal (CAT) for passing a "strange order" on a plea made by the central government seeking transfer of a case, involving whistleblower IFS officer Sanjiv Chaturvedi, to Delhi from the tribunal's Nainital bench.

While quashing the CAT's July 27 order in the matter, the court imposed a cost of Rs 25,000 on the Central government. It also termed as "vindictive" the attitude of the central government.

"The attitude of the respondents towards petitioner, prima facie, is vindictive," said the August 21 order by the division bench of the court, consisting of acting Chief Justice Rajiv Sharma and Justice Manoj Kumar Tiwari.

The bench of CAT had been hearing the case filed by Chaturvedi since July 2017 in the matter pertaining to adverse entries made into his appraisal report of 2015-16 by AIIMS, New Delhi, where he was working as Chief Vigilance Officer from 2012 to 2016.

"It is very a strange order. How the chairman while sitting singly could stay the proceedings pending before the division bench of Central Administrative Tribunal, circuit bench at Nainital," the court order said.

It said the chairman of the tribunal is first amongst equals.

"He exercises the same judicial powers, which are being exercised by the other members. We are of the considered view that the chairman of the tribunal while sitting singly could not stay the proceedings of the matter pending...," the court said.

CAT chairman Justice L Narasimha Reddy had last month stayed for six weeks the proceedings by the tribunal's Nainital bench, in case of adverse entries into appraisal report of Chaturvedi .

Calling the CAT chief's verdict as laconic and non-speaking, it further said the order passed by the chairman while sitting singly is wholly without jurisdiction.

Chaturvedi, who contested the case on his own before the High Court, had in his plea sought quashing of orders of the CAT Chairman and directions to Nainital bench of the tribunal to allow its proceedings.

In his petition before the Uttarakhand High Court, he had alleged violation of natural justice claiming that the stay order was passed when he was away on a mandatory training in Finland and that as per Administrative Tribunal Act, 1985, such ex-parte stay orders can be granted maximum for a period of two weeks while in this case, the chairman had passed stay orders for six weeks.

He had also mentioned CAT rules, which give right to aggrieved officer, to file application at his place of posting.

Chaturvedi had approached Nainital Bench in July 2017 on directions of Uttarakhand High Court, and since then, hearing was going on there.

In September 2017, the bench had given stay in favour of Chaturvedi and on April 17th, this year, in a major judgement, had rejected plea of Cabinet Secretary, to delete his name from list of respondents.

In its order dated July 18th this year, the Nainital bench had ordered that arguments were part heard and the case shall be taken up as first case of hearing on August 27th .

The central government had moved application for transfer of this case, from Nainital to Delhi bench, in December 2017, before the Chairman of CAT, on which the notice was issued. (PTI)
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Hello Jammu News at 3:02:00 PM 0

New Delhi, Aug 24: The Delhi High Court today dismissed the appeal of 15 persons belonging to the dominant Jat community against their conviction and sentencing in a case of burning alive a 70-year-old Dalit man and his physically-challenged daughter at Mirchpur village in Haryana's Hisar district in 2010.

A bench of Justices S Muralidhar and I S Mehta said even after 71 years of Independence atrocities on Scheduled Castes community has shown no signs of abating.

The court also directed the Haryana government to rehabilitate families belonging to the Dalit community who were displaced after the 2010 incident.

The high court pronounced the verdict on the appeal of 15 persons challenging their conviction and sentence by a trial court in the case.

The victims and the police had also appealed in the high court seeking enhancement of punishment awarded to the convicts and acquittal of others.

The trial court had on September 24, 2011, convicted 15 of 97 men belonging to the Jat community.

The house of Tara Chand was set on fire resulting in burning alive of the father and daughter on April 21, 2010 after a dispute between Jat and Dalit community of the village.

On October 31, 2011, the trial court had sentenced Kulwinder, Dharambir and Ramphal to life imprisonment for committing unintentional killing under Section 304 of the Indian Penal Code.

Five others -- Baljeet, Karamveer, Karampal, Dharambir and Bobal -- were handed down jail term of five years for their offences including rioting, voluntarily causing hurt, mischief and putting ablaze victims' houses and provisions of SC/ST (POA) Act.

Seven others, convicted under milder penal provisions, were released on probation by the trial court, which had earlier acquitted 82 out of 97 accused in the case. (PTI)
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Hello Jammu News at 5:45:00 PM 0

Kolkata, Aug 22: The Calcutta High Court directed the West Bengal government to ensure that there was no slaughter of animals in any open public place.

The court also directed the state authorities to take necessary steps to ensure that the provisions of West Bengal Animal Slaughter Control Act 1950 were implemented prior to observance of the festival of Id-Uz-Zoha next year.

Passing the order on a modification application filed by the state in connection with a prior order of the court on a PIL, a division bench presided over by Chief Justice J Bhattacharya expressed surprise that the state did not have the machinery to implement the provisions of an act which was 68 years old.

"One could have definitely expected that by this time the state would have its machinery in place to implement the provisions of the said act of 1950, which is a creature of the legislature itself," the bench, also comprising Justice A Banerjee, said.

The court, however, allowed the modification application moved by Advocate General Kishore Dutta to implement the provisions contained in the act before observance of ID-Uz-Zoha next year, instead of this year.

The PIL had sought direction to the state government to publish notices giving widespread publicity of the act of 1950 and Supreme Court orders in this regard.

The court, in its order yesterday, permitted the state government to issue a public notice in the manner it was done last year.

The court directed that the state government must mention in its notice that slaughter of animals, including cows and buffalos, in any open public place was strictly prohibited.

"It should also mention that sacrifice of a cow is no part of the festival of Id-Uz-Zoha and is not a religious requirement under Islam as held by the Supreme Court," the division bench said.

Seeking modification of the high court's earlier order on issuing public notice in line with the 1950 act, the state government told the court that necessary infrastructure to strictly adhere to the provisions of the act was not available with the state administration.

It also told the court that it did not have adequate number of veterinary doctors and slaughter houses in the state.

The state government said it would take necessary steps to ensure compliance with the relevant law by the end of next calender year.

The act stated that an animal must be over 14 years of age and unfit for work or breeding or the animal has become permanently incapacitated from work or breeding due to age, injury, deformity or any incurable disease.

It also said no animal in respect of which a certificate has been issued by a vet shall be slaughtered in any place other than a place prescribed for the purpose.

The bench had in its earlier order of August 16 directed the state to ensure implementation of the provisions of the West Bengal Animal Slaughter Control Act 1950.

The court had also asked the state government to issue public notices making the members of the public aware of the restrictions placed on slaughter of animals, including cows and buffalos, by the said statute. (PTI)
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Hello Jammu News at 4:38:00 PM 0

Ranchi, Aug 11: Justice Aniruddha Bose today took oath as the new Chief Justice of Jharkhand High Court.

He was administered oath by Jharkhand Governor Droupadi Murmu at the Raj Bhavan.

Enrolled with the Bar Council of West Bengal as an advocate in 1985, he practised in the Calcutta High Court and was elevated to the Bench in 2004.

Jharkhand Chief Minister Raghubar Das, former Chief Ministers Arjun Munda and Hemant Soren, Jharkhand Assembly Speaker Dinesh Oraon and a host of dignitaries were present on the occasion. (PTI)

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