Civil Procedure Code (CPC)

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"All States Must Implement One Nation One Ration Card Scheme": Supreme Court Reserves Judgement In Suo Moto Migrant Workers Case

The Supreme Court Bench of Hon’ble Justices Ashok Bhushan and M. R. Shah reserved the judgment in the suo moto migrant worker case and directed the Government of West Bengal to implement ‘One Nation, One Ration Card’ scheme which will allow the migrant workers to receive ration benefits from any part of the nation irrespective of the place where their card was registered. The Hon’ble Bench made this observation after counsel for Maharashtra and Punjab informed the Court they had implemented the scheme. The Apex Court Bench further held that no excuses could be given and all States must implement the scheme. 

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'Unfair, Arbitrary': DHCBA Writes To CJI Against SCBA Proposal To Elevate Supreme Court Lawyers As High Court Judges

The Supreme Court Bar Association submitted a proposal before the CJI for considering Supreme Court lawyers to be elevated as High Court Judges. The proposal was objected by the Delhi High Court Bar association as it was unfair and arbitrary. The DHCBA wrote in their letter that elevating Supreme Court Lawyers as High Court Judges will create resentment among a large number of lawyers in the High Courts and will lead to disgruntlement and demoralization of a large section of the bar. The DHCBA also requested the Chief Justice of India to withdraw any directions given to the CJs of High Courts for considering Supreme Court lawyers for judgeship. 

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"High Court Has Committed Wrong" Supreme Court Takes Objection To HC's Order Granting Parole To A UAPA Convict When SLP Was Pending Before SC

Hon’ble Supreme Court objected to the Rajasthan High Court’s order of granting parole to a UAPA convict when a Special Leave Petition was pending before the High Court. The Division Bench of Hon’ble Justices Indira Banerjee and M. R. Shah made this observation while hearing an application by a UAPA convict, Arun Kumar Jain seeking a grant of bail for 3 months due to his father’s health conditions. Jain is currently in Central Jail at Jodhpur. The Apex Court also objected to the Applicant going to the High Court for parole when an SLP was pending before it. The Special Leave Petition was against the Rajasthan High Court’s final judgment dated 30th October 2018. 

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A Second FIR Based On The Very Same Allegations Cannot Be Registered When The First FIR Has Been Quashed On Merits: Kerala High Court

V. S. Achuthanandan, the former Chief Minister of Kerala had approached the Kerala High Court against the order of the Enquiry Commissioner and Special Judge Thiruvananthapuram which dismissed the complaint filed by the petitioner against the respondents under the Prevention of Corruption Act. The Judge noted that the complaint filed by the petitioner regarding the undue pecuniary advantage of Government property was already filed by another public-spirited citizen before the Lok Ayukta. While dismissing the petition, the Kerala High Court Bench of Hon’ble Justice V. G. Varun held that a second FIR based on the same allegations as the first cannot be registered, especially when the first FIR has been quashed on merits. 

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Delhi Court Seeks Response Of Tihar Jail Authorities In Plea By Terror Accused Alleging That He Was Beaten, Forced To Chant 'Jai Shree Ram' By Inmates

An undertrial prisoner, Zafar, was arrested for allegedly being a member of the Islamic State for being involved with planning suicide attacks and serial blasts by targeting politicians and other officials in Delhi and other areas. The accused filed a plea alleging that he was beaten up and forced to chant ‘Jai Shree Ram’ by the other inmates. Concerning this allegation, a Special National Investigation Agency (NIA) Court in Delhi sought a response from the Tihar Jail authority, where the Zafar was lodged, by way of filing a report. 

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'Trial Judge Not Authorized To Take Cognizance': Sudha Bharadwaj Moves Bombay High Court Seeking Default Bail In Bhima Koregaon Case

Sudha Bharadwaj, lawyer, activist, and another accused in the Bhima Koregaon Elgar Parishad Case in her application u/s 439 and 167 (2) of the CrPC cites RTI held that the Additional Sessions Judge KishorVadane in Pune was not authorized to take cognizance of the 1,800 pages charge-sheet filed by the Pune Police in 2019. She approached the Bombay High Court contending the same. The Single Judge Bench of Hon’ble Justice SarangKotwal directed the department to place the petition before a Division Bench according to a Supreme Court order, where NIA act applies, it would lie before a Division Bench. 

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Once Superior Officer Approves Closure, It Isn't Open For Officer Inferior In Rank To Direct Re-Investigation Of Case: Jammu & Kashmir High Court

An order issued by the Superintendent of Police, City South, Jammu directing the further investigation of a case u/s 380 of the Indian Penal Code, which had been closed by Senior Superintendent of Police, was challenged by one Ajeet Chora. The Bench of Hon’ble Justices Sanjay Dhar held that once an officer of the superior rank approves the closure of the case, it is not in the power of the officer of an inferior rank to direct reinvestigation of the case. The Court also held that if there was any scope for reinvestigation of the case, the inferior officer ought to place his opinion before the superior officer instead of taking it up himself and directing reinvestigation of a case.

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Allahabad High Court Grants Interim Bail To A Journalist Who Tweeted Alleging Election Mismanagement By UP Authorities 

The Journalist was covering news concerning the Gram Panchayat election at a village and reported the news about irregularity on the polling booth by the authorities and influential people through a Twitter handle. After considering the facts on record, the Allahabad High Court granted interim bail to the Journalist who was booked under charges for rioting and unlawful assembly along with the relative of the journalist who was also apprehended by the police. The matter is next posted for July 1, when the bail application will be decided. 

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Saura Patil Online
12 June 2021    114  Report


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