“Alongside the justices, you will draft decisions that change lives. Your input will constantly be sought, and your ideas will certainly be implemented. In many instances, the justices will rely entirely on your analysis. They’ll base their opinions on your research. That means you affect what they see and what they know. There are nine justices on this Court. But your influence, the power that you hold, makes you the tenth justice.”

Toilet election law not arbitrary, holds SCIn a judgment that is sure to surprise many, Justice J Chelameswar of the Supreme Court has held that arbitrariness cannot be a ground to strike down a law.

The Supreme Court Bar Association (SCBA) held the debate for the candidates for the post of President and the Hony. Secretary between 4.30 and 6.30 p.m. today at the Supreme Court Lawns.

The Supreme Court today said that trying to tackle the alarming problem of air pollution in Delhi with ad hoc solutions without a multi-pronged policy would not be helpful. “The absence of a policy (to tackle the growing air pollution) reflects on our ability to cope with the problem,” said a bench ...

The Bombay high court today said Bollywood megastar Salman Khan “cannot be convicted” on the basis of the evidence produced by the prosecution in a hit-and-run case, acquitting him.

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It’s been less than a week that Justice TS Thakur took oath as the Chief Justice of India and it doesn’t seem as though he’ll have a straight road ahead of him: he’s taking up the chief’s mantle in the midst of a polarised intolerance debate, a tussle between parliamentary and judicial supremacy tussle and almost stagnant judicial appointments.

The Supreme Court will examine the validity, with the help of central and state governments, of a decision of the Bombay high court that the Protection of Women from the Domestic Violence Act, 2005 can be used by a mother in law to initiate action against her daughter in law, reported The Hindustan ...

The Delhi high court has held a cyber-squatter guilty of misusing the name of Tata group chief Cyrus Pallonji Mistry by holding on to websites www.cyrusmistry.co.uk and www.cyrusmistry.co http: and has directed him to transfer both the websites to Mistry reported The Hindustan Times .</http:> J...

The Bombay high court today said it was difficult to believe the testimony of late Ravindra Patil, the police bodyguard assigned to Bollywood actor Salman Khan who was in the vehicle during the 28 September, 2002, hit-and-run accident case involving the Bollywood star. Terming him as “an unreliable ...

Supreme Court bench led by Chief Justice of India TS Thakur declined to entertain a public interest litigation demanding bringing of a uniform civil code in the country on Monday telling the petitioner that the power to do so remains with parliament and not the judiciary, reported The Times of India...

The Supreme Court refused a district-level judge relief in his petition demanding reservation for Scheduled Caste and Scheduled Tribes in the higher judiciary on Monday, reported The Hindustan Times . The petitioner judge, Kanta Prasad was seeking promotion to the Uttarakhand high court on the basis...

The term of all members of the Bar Council of Maharashtra and Goa ended last week (2 December) with the Goa advocate general Atmaram Nadkarni having been appointed as chairman of the bar council.

The Delhi high court on Wednesday refused to restrain the city government from enforcing it’s decision to allow even and odd number cars to ply in Delhi on alternative dates, saying the decision is on a “trial basis”. A division bench of Chief Justice G Rohini and Justice Jayant Nath refused to pass...

The Bombay high court on Tuesday cited several lacunae pertaining to the procedures for checking the presence of alcohol in the blood samples of Bollywood megastar Salman Khan and lack of concrete material on the issue that he had consumed liquor in a bar before the hit-and-run accident on 28 Septem...

The Supreme Court on Tuesday issued notice to the Rajasthan government on a plea for prohibiting the use of elephants in the Amer Fort and the Elephant Village for joy rides and exhibitions and to protect them from the cruelty they were being subjected to. A bench of Justice Dipak Misra and Justice ...

Incarcerated Bollywood actor Sanjay Dutt, whose five-year sentence for his involvement in the 1993 Mumbai serial blasts was confirmed by the Supreme Court in March 2013, will be freed from prison by 7 March, 2016, official sources said here on Tuesday. The sources indicated that barring last-minute ...

In a setback to Congress chief Sonia Gandhi and vice president Rahul Gandhi, the Delhi high court on Monday dismissed their plea to quash summons issued to them by a trial court on BJP leader Subramanian Swamy’s complaint in the National Herald case.

Justice Sunil Gaur dismissed their pleas which means the Gandhis will have to appear before the trial court in the case.

“This court is of the considered view that the gravity of the allegations levelled against petitioners has a fraudulent flavour involving a national political party and so, serious imputations smacking of criminality levelled against petitioners need to be properly looked into,” said the court.

“Without casting any reflection on the merits of this case and while leaving the larger questions raised in these petitions open, to be considered at the charge stage, these petitions and the pending applications are dismissed with afore-noted clarification.”

Apart from the Gandhis, the court also dismissed the pleas of Congress treasurer Motilal Vora, family friend Suman Dubey and party leader Oscar Fernandes who had moved the high court for quashing of summons to them by the trial court.

On 26 June, the trial court issued summons to the Congress leaders on Swamy’s complaint about “cheating” in the acquisition of Associated Journals Ltd. (AJL) by Young India Ltd. (YIL) - “a firm in which Sonia and Rahul Gandhi eac h own a 38 percent stake”.

Senior advocate Kapil Sibal, who had appeared for Sonia Gandhi, sought quashing of the proceedings initiated by the lower court against her and the others, saying that the complaint made by Swamy against them were only “allegations without any supporting proof”.

He had said there was no illegality in Young India Ltd. (YIL) taking over Associated Journals Ltd. (AJL), the publisher of the now-defunct National Herald newspaper, as per the Companies Act.

Swamy had claimed that Sonia and Rahul Gandhi, as majority shareholders of YIL, benefited from the acquisition of AJL He alleged that AJL had received an interest-free loan of Rs 90.25 crore from the Congress and that the party transferred the debt to YIL for Rs 50 lakh.

At the time, AJL, which had Vora as its chairman, claimed that it could not repay the loan and agreed to transfer the company and its assets to YIL

Saying there are sufficient grounds to summon them, the high court said: “After having considered the entire case in its proper perspective, this court finds no hesitation to put it on record that the modus operandi adopted by petitioners in taking control of AJL via Special Purpose Vehicle i.e. YIL, particularly, when the main persons in Congress Party, AJL and YIL are the same, evidences a criminal intent.”

“Whether it is cheating, criminal misappropriation or criminal breach of trust is not required to be spelt out at this nascent stage. In any case, by no stretch of imagination, it can be said that no case for summoning petitioners as accused in the complaint in question is made out.

“Questionable conduct of petitioners needs to be properly examined at the charge stage to find out the truth and so, these criminal proceedings cannot be thwarted at this initial stage.”

Filing the plea in the high court, the Congress leaders had said Swamy was a political opponent and the present criminal proceedings were initiated only with an intent to secure an oblique political objective.

On 7 December 2015 20:21:32 GMT+05:30, “KIAN GANZ (Legally India)” <kian.ganz> wrote:>>>>-------- Original Message -------->From: Stories >Sent: 7 December 2015 19:50:04 GMT+05:30>To: >Cc: >Subject: National Herald case: HC dismisses Gandhis’ plea against>summons (Second Lead)>>>New Delhi, Dec 7 (IANS) In a setback to Congress chief Sonia Gandhi and>vice president Rahul Gandhi, the Delhi high court on Monday dismissed>their plea to quash summons issued to them by a trial court on BJP>leader Subramanian Swamy’s complaint in the National Herald>case.Justice Sunil Gaur dismissed their pleas which means the Gandhis>will have to appear before the trial court in the case.”This court is>of the considered view that the gravity of the allegations levelled>against petitioners has a fraudulent flavour involving a national>political party and so, serious imputations smacking of criminality>levelled against petitioners need to be properly looked into,” said the>court.”Without casting any reflection on the merits of this case and>while leaving the larger questions raised in these petitions open, to>be considered at the charge stage, these petitions and the pending>applications are dismissed with afore-noted clarification.”Apart from>the Gandhis, the court also dismissed>the pleas of Congress treasurer Motilal Vora, family friend Suman Dubey>and party leader Oscar Fernandes who had moved the high court for>quashing of summons to them by the trial court. On 26 June, the trial>court issued summons to the Congress leaders on Swamy’s complaint about>“cheating” in the acquisition of Associated Journals Ltd. (AJL) by>Young India Ltd. (YIL) - “a firm in which Sonia and Rahul Gandhi eac h>own a 38 percent stake”.Senior advocate Kapil Sibal, who had appeared>for Sonia Gandhi, sought quashing of the proceedings initiated by the>lower court against her and the others, saying that the complaint made>by Swamy against them were only “allegations without any supporting>proof”. He had said there was no illegality in Young India Ltd. (YIL)>taking over Associated Journals Ltd. (AJL), the publisher of the>now-defunct National Herald newspaper, as per the Companies Act.Swamy>had claimed that Sonia and Rahul Gandhi, as majority shareholders of>YIL, benefited from the>acquisition of AJL He alleged that AJL had received an interest-free>loan of Rs 90.25 crore from the Congress and that the party transferred>the debt to YIL for Rs 50 lakh.At the time, AJL, which had Vora as its>chairman, claimed that it could not repay the loan and agreed to>transfer the company and its assets to YIL Saying there are sufficient>grounds to summon them, the high court said: “After having considered>the entire case in its proper perspective, this court finds no>hesitation to put it on record that the modus operandi adopted by>petitioners in taking control of AJL via Special Purpose Vehicle i.e.>YIL, particularly, when the main persons in Congress Party, AJL and YIL>are the same, evidences a criminal intent.””Whether it is cheating,>criminal misappropriation or criminal breach of trust is not required>to be spelt out at this nascent stage. In any case, by no stretch of>imagination, it can be said that no case for summoning petitioners as>accused in the complaint in>question is made out.”Questionable conduct of petitioners needs to be>properly examined at the charge stage to find out the truth and so,>these criminal proceedings cannot be thwarted at this initial>stage.”Filing the plea in the high court, the Congress leaders had said>Swamy was a political opponent and the present criminal proceedings>were initiated only with an intent to secure an oblique political>objective.Regards,IANS Support Team>>>>— >Kian Ganz >Publishing Editor >Legally India - News for Lawyers >http://www.LegallyIndia.com > >Tel (India): +91 900 405 6651 >Twitter: http://twitter.com/legallyindia</kian.ganz>

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