भाजपा के विज्ञापनों ने खुलेआम आदर्श आचार संहिता का उल्लंघन किया: ईसीआई तय समय में याचिकाकर्ता द्वारा उठाई गई शिकायतों को संबोधित करने में पूरी तरह से विफल रहा है, एमसीसी असत्यापित आरोपों या विरूपण के आधार पर आलोचना पर रोक लगाता है - पीठ ने कहा।
The High Court of Madhya Pradesh heard a writ petition challenging the conduct of elections in various states including Damoh, Madhya Pradesh during the second wave of COVID-19. The court noted that the election in Damoh had already taken place and the counting will take place on May 2. The court held that it does not have jurisdiction over elections conducted in other states. However, it directed that COVID protocols must be strictly followed during counting in Damoh and no victory celebrations shall be allowed. It also noted that it is already monitoring the COVID situation in the state through another petition. The writ petition was disposed of with the above directions.
This document summarizes a Supreme Court of India case regarding oral remarks made by the Madras High Court about the Election Commission of India (ECI) during an election-related hearing. The key points are:
1) The Madras High Court allegedly made oral remarks criticizing the ECI for not enforcing COVID-19 protocols during elections, saying the ECI was "singularly responsible" for the second wave and "should be put up for murder charges."
2) The ECI filed a petition challenging these oral remarks, arguing they were made without evidence and prejudiced the ECI.
3) The Supreme Court must balance judicial freedom of expression, media reporting of courts, and accountability of constitutional bodies
साकेत जिला न्यायालय के एकपक्षीय आदेश को रद्द करते हुए, जिसमें ब्लूमबर्ग को ज़ी के खिलाफ मानहानिकारक लेख हटाने का आदेश दिया गया था, सुप्रीम कोर्ट ने SLAPP मुकदमों और प्री-ट्रायल सेंसरशिप के खिलाफ चेतावनी दी
The court heard a bail application for 7 Bangladeshi nationals who were arrested for violating laws during the COVID-19 pandemic. The court granted interim bail to 5 applicants and held the 6th applicant's request pending extension of their expired visa. Strict conditions were imposed, including adherence to visa terms and regular reporting. The Ministry of External Affairs was directed to facilitate the applicants' participation in their trial and discuss their cases with Bangladesh to possibly decide the matter without trial.
The court heard a bail application for 7 Bangladeshi nationals who were arrested for violating laws during the COVID-19 pandemic. The court granted interim bail to 5 applicants and held the 6th applicant's request pending extension of their expired visa. Strict conditions were imposed, including residing at their visa address, not seeking trial adjournments, and surrendering before visa expiration. The Ministry of External Affairs was directed to assist in securing the applicants' participation in their trial before their visas expire.
1) The petitioner filed a PIL seeking directions to ensure the rights and welfare of sanitation workers in Delhi are protected.
2) The court examined responses from the relevant commissions and government bodies, and found that protections like PPE, masks, gloves and training were being provided to sanitation workers.
3) The court directed the Delhi government to strictly follow legal provisions protecting sanitation workers and to take action on recommendations of the Delhi Commission for Safai Karamcharis within 60 days.
The High Court of Madhya Pradesh heard a writ petition challenging the conduct of elections in various states including Damoh, Madhya Pradesh during the second wave of COVID-19. The court noted that the election in Damoh had already taken place and the counting will take place on May 2. The court held that it does not have jurisdiction over elections conducted in other states. However, it directed that COVID protocols must be strictly followed during counting in Damoh and no victory celebrations shall be allowed. It also noted that it is already monitoring the COVID situation in the state through another petition. The writ petition was disposed of with the above directions.
This document summarizes a Supreme Court of India case regarding oral remarks made by the Madras High Court about the Election Commission of India (ECI) during an election-related hearing. The key points are:
1) The Madras High Court allegedly made oral remarks criticizing the ECI for not enforcing COVID-19 protocols during elections, saying the ECI was "singularly responsible" for the second wave and "should be put up for murder charges."
2) The ECI filed a petition challenging these oral remarks, arguing they were made without evidence and prejudiced the ECI.
3) The Supreme Court must balance judicial freedom of expression, media reporting of courts, and accountability of constitutional bodies
साकेत जिला न्यायालय के एकपक्षीय आदेश को रद्द करते हुए, जिसमें ब्लूमबर्ग को ज़ी के खिलाफ मानहानिकारक लेख हटाने का आदेश दिया गया था, सुप्रीम कोर्ट ने SLAPP मुकदमों और प्री-ट्रायल सेंसरशिप के खिलाफ चेतावनी दी
The court heard a bail application for 7 Bangladeshi nationals who were arrested for violating laws during the COVID-19 pandemic. The court granted interim bail to 5 applicants and held the 6th applicant's request pending extension of their expired visa. Strict conditions were imposed, including adherence to visa terms and regular reporting. The Ministry of External Affairs was directed to facilitate the applicants' participation in their trial and discuss their cases with Bangladesh to possibly decide the matter without trial.
The court heard a bail application for 7 Bangladeshi nationals who were arrested for violating laws during the COVID-19 pandemic. The court granted interim bail to 5 applicants and held the 6th applicant's request pending extension of their expired visa. Strict conditions were imposed, including residing at their visa address, not seeking trial adjournments, and surrendering before visa expiration. The Ministry of External Affairs was directed to assist in securing the applicants' participation in their trial before their visas expire.
1) The petitioner filed a PIL seeking directions to ensure the rights and welfare of sanitation workers in Delhi are protected.
2) The court examined responses from the relevant commissions and government bodies, and found that protections like PPE, masks, gloves and training were being provided to sanitation workers.
3) The court directed the Delhi government to strictly follow legal provisions protecting sanitation workers and to take action on recommendations of the Delhi Commission for Safai Karamcharis within 60 days.
This document is an order from the Supreme Court of India regarding two applications seeking an interim stay on the Electoral Bond Scheme notified by the Central Government in 2018.
The Court notes that it had previously passed an interim order in 2019 directing political parties to submit details of donors who purchased electoral bonds to the Election Commission of India. However, the applicants have now filed two new applications seeking to stay the scheme, as the window for purchasing bonds was set to open again.
While hearing arguments from both sides, the Court observes that it cannot entertain repeated applications seeking the same interim relief just because the window for bonds reopens periodically. Nevertheless, it decides to hear the present applications due to the seriousness of the issues raised regarding
This document is a high court judgment regarding an appeal filed by Asif Iqbal Tanha against an order rejecting his bail application in a case related to the 2020 Delhi riots. Some key points:
1) Tanha, a student, was arrested for his alleged role in organizing and instigating the riots based on his involvement with the Jamia Coordination Committee.
2) The police allege Tanha was a key conspirator and mastermind behind the riots, and that he mobilized crowds and gave instructions to spread messages inciting violence.
3) Tanha has filed this appeal challenging the rejection of his second bail application. The court discusses the legislative competence to enact the Unlawful Activities
The document is a court judgment summarizing the case against Natasha Narwal. Key details:
- Narwal is accused of instigating protests against the CAA/NRC that led to riots in Delhi in February 2020.
- She was part of activist groups including Pinjra Tod and attended meetings where more extreme protests like blocking roads were discussed.
- However, her defense argues she was merely protesting peacefully and not present during any riots or violence. She claims the police evidence is fabricated and she played no role in any conspiracy or riots.
- The court will determine if Narwal qualifies for bail based on the evidence and charges against her under the UAPA anti-terrorism law
The court document discusses a case regarding a political party in Puducherry that allegedly conducted an unauthorized campaign by sending bulk SMS messages to citizens' phones linked to their Aadhar cards without permission from the Election Commission. The court notes serious privacy concerns and orders the Election Commission and UIDAI to investigate how the political party accessed personal citizen information. The court will hear the case again in 6 weeks to receive answers from the respondent authorities regarding compliance with election rules and protection of citizen privacy.
This document provides arguments regarding a dispute over the formation and alleged breach of a contract for the sale of a vintage car between Mr. Raghav and Mr. Sam. It summarizes the 3 key issues in dispute and provides supporting arguments for each issue in 3 or less sentences.
Issue 1: Whether the offer and acceptance were valid. It argues that the offer and acceptance communicated via telex met the requirements to form a valid contract under the Indian Contract Act.
Issue 2: Whether the revocation of the offer was valid. It argues that the revocation was not valid as it did not comply with provisions for revocation under the Indian Contract Act.
Issue 3: Whether there was a breach of contract.
Requirement of a statutory notice in Uganda's lawsMarilyn Yvone
The court considered an application by Uganda Registration Services Bureau seeking unconditional leave to appear and defend a civil suit brought by Stellar Properties Limited. The Bureau argued that the suit was barred because Stellar did not provide the mandatory statutory notice required to sue the Bureau, as a statutory corporation. However, the court found that while the notices Stellar sent did not use the exact prescribed form, they met the material requirements of identifying the claimant, facts, and value of claim. The court thus dismissed the Bureau's application, finding that the notice requirements were directory rather than mandatory, and the Bureau was not prejudiced.
The Intricacies of Proceedings in the Constitutional Court.pdfAHRP Law Firm
The Constitutional Court, as one of the judicial power institutions, has the features of protecting and maintaining the 1945 Indonesian Constitution through diverse attribution authorities. Recently, the Constitutional Court has become the object of public dialogue due to numerous events, specifically on the 2024 presidential election dispute. Henceforth, a comprehensive illustration of Constitutional Court duties and procedures, with additional insight of precedent of disputes adjudicated by the Constitutional Court would be favorable for public knowledge in light of the recent issues. Find out more of our insights about this topic Legal Brief publication.
The document summarizes a court case involving Devangana Kalita appealing the rejection of her bail application. Some key points:
- Kalita was arrested in relation to 4 FIRs regarding protests against the CAA and NRC acts, and has received bail in 3 but remains in custody for the 4th (subject FIR).
- The allegations against her are that as part of protest groups, she instigated violence in Muslim areas of Delhi in February 2020. However, she denies being present at the sites of violence and claims her call/location records will exonerate her.
- Her lawyers argue the charges against her are vague and she poses no flight risk or evidence tampering risk so should be granted bail
The document discusses a writ petition challenging an order that externally a petitioner under the Uttar Pradesh Control of Goondas Act, 1970. It discusses the petitioner's right to challenge the order even though the 6-month externment period has ended. It analyzes precedent case law and concludes that the right to reputation is part of the right to life under the Indian Constitution. Therefore, the petitioner is entitled to question the validity of the externment order due to its stigmatic effect, even after it has expired.
Judgment - Appellate Tribunal for Foreign ExchangeGauravVarma27
1) The appellant company appealed an adjudication order that imposed penalties for alleged violations of FEMA regulations regarding the repatriation of foreign exchange.
2) The appellant had remitted $433,661.76 in advance to a Chinese supplier that later went bankrupt without notice. The RBI subsequently granted an exemption relieving the requirement to submit import documents.
3) The adjudicating authority still found a violation, but the appellant argued the RBI exemption eliminated any contravention, and precedent supported their view. The tribunal agreed and overturned the penalties.
1. The Supreme Court ruled in favor of the petitioner Lok Prahari in establishing mechanisms to monitor the financial affairs of legislators and determine if there has been any undue accumulation of assets.
2. The Court held that undue accumulation of assets by legislators undermines democracy and ordered the government to enact subordinate legislation defining undue accumulation as grounds for disqualification.
3. It also allowed the establishment of a body to regularly monitor legislators' financial records and assets, and mandated the disclosure of sources of income by candidates in nomination forms as per citizens' right to information.
1. This document summarizes a court order on an application seeking review of a previous judgment allowing the sale of a property from a Hindu seller to a Muslim buyer in Vadodara, Gujarat.
2. The review application argues that the original judgment was obtained fraudulently as the sale deed was executed before permission was sought, as required by law. It also notes factual errors and disputes signatures on affidavits supporting the sale.
3. The court heard arguments for the review application, noting the applicant's assertions that the dates of documents were misrepresented, facts about the property and community involved were incorrect, and signatures were obtained by coercion. The review application seeks to argue that the sale violated laws around maintaining demographic
This document is a court order from the High Court of Judicature at Bombay regarding a criminal application to quash an FIR. The court order summarizes the arguments made by the applicant's lawyer to quash the FIR on the grounds that the original informant is now agreeable to settle the dispute. However, the court expresses skepticism about the compromise, noting concerns that the informant may have been coerced. The court ultimately denies the application, finding that accepting such a compromise would not be in the interest of justice and could discourage female employees from reporting harassment.
This document summarizes a court case regarding the procurement of Remdesivir injections during the COVID-19 pandemic. It discusses a criminal application filed by relatives of COVID patients seeking to intervene in the case on behalf of a Member of Parliament who helped procure injections. The court rejects their application, finding that they are not necessary to determine if the MP's actions followed legal procedures. The court examines documents from the District Collector regarding the approved purchase of 1700 injections through legal channels, which differ from claims about injections transported via private plane. The legality of the procurement methods is still under investigation.
My Article published and displayed by the Taxmann.
Citation: [2015] 64 taxmann.com 232 (Article)
The main aim behind the enactment of the Competition Act, 2002 was to promote efficiency using competition as one of the means of assisting in the creation of market responsive to consumers' preferences. Section 4 of the said Act prohibits abuse of dominance by any enterprise or group. Abuse of dominance has been dealt with in sub-sections 2(a) to 2(e) of section 4.
Globally remove links of video defaming Ramdev, Delhi HC directs Facebook, Go...sabrangsabrang
This document is a court judgment from the High Court of Delhi regarding a defamation case filed by Swami Ramdev and Patanjali Ayurved Ltd. against Facebook, Google, YouTube, Twitter and others ("Platforms"). The Plaintiffs allege that defamatory content about them from a book was disseminated on the Platforms and sought an injunction. The court had earlier directed the Platforms to remove the URLs for access in India but not globally. In this judgment, the court considers arguments for and against globally blocking the URLs and content. The Plaintiffs argue for a global block, while the Platforms argue they should not be obligated to implement court orders globally. The court examines the relevant laws and precedents
1) The petitioner, M. Ananthan, was arrested in 2018 for drug offenses involving commercial quantities of ganja and has been in judicial custody since.
2) While the petitioner satisfies one requirement for bail under the NDPS Act by not having a criminal record, the court found he did not satisfy the second requirement that he is not likely to have committed the offense based on evidence.
3) However, the court determined the petitioner's right to a speedy trial had been violated as the trial had not commenced for over two years. As such, the court directed the prosecution to pay compensation of Rs. 1 lakh and for the trial to conclude within three months.
The petitioner, Jafar Sathick, filed a criminal original petition to quash the FIR registered against him in Crime No. 63 of 2020 by the Boothapandy Police Station. The FIR alleged that the petitioner organized a protest against amendments to the Citizenship Laws that caused public nuisance and hindered traffic. However, the court noted that the protest was peaceful with no untoward incidents. Since the investigation was almost complete, the court quashed the FIR against the petitioner while emphasizing the constitutional right to peaceful protest without arms.
केरल उच्च न्यायालय ने 11 जून, 2024 को मंडला पूजा में भाग लेने की अनुमति मांगने वाली 10 वर्षीय लड़की की रिट याचिका को खारिज कर दिया, जिसमें सर्वोच्च न्यायालय की एक बड़ी पीठ के समक्ष इस मुद्दे की लंबित प्रकृति पर जोर दिया गया। यह आदेश न्यायमूर्ति अनिल के. नरेंद्रन और न्यायमूर्ति हरिशंकर वी. मेनन की खंडपीठ द्वारा पारित किया गया
सामूहिक हस्ताक्षर अभियान जो चल रहा है, उसे इंडिया अलायंस के अन्य दलों के नेताओं को भी सूचित किया जाएगा। पत्र याचिका में प्रस्तावित, दूरगामी संशोधनों पर गंभीर संसदीय बहस, कानूनी विशेषज्ञों के साथ परामर्श और संयुक्त संसदीय समिति (जेपीसी) द्वारा जांच का आग्रह किया गया है।
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Similar to Embed-1-4.pdf Decision of the High Court
This document is an order from the Supreme Court of India regarding two applications seeking an interim stay on the Electoral Bond Scheme notified by the Central Government in 2018.
The Court notes that it had previously passed an interim order in 2019 directing political parties to submit details of donors who purchased electoral bonds to the Election Commission of India. However, the applicants have now filed two new applications seeking to stay the scheme, as the window for purchasing bonds was set to open again.
While hearing arguments from both sides, the Court observes that it cannot entertain repeated applications seeking the same interim relief just because the window for bonds reopens periodically. Nevertheless, it decides to hear the present applications due to the seriousness of the issues raised regarding
This document is a high court judgment regarding an appeal filed by Asif Iqbal Tanha against an order rejecting his bail application in a case related to the 2020 Delhi riots. Some key points:
1) Tanha, a student, was arrested for his alleged role in organizing and instigating the riots based on his involvement with the Jamia Coordination Committee.
2) The police allege Tanha was a key conspirator and mastermind behind the riots, and that he mobilized crowds and gave instructions to spread messages inciting violence.
3) Tanha has filed this appeal challenging the rejection of his second bail application. The court discusses the legislative competence to enact the Unlawful Activities
The document is a court judgment summarizing the case against Natasha Narwal. Key details:
- Narwal is accused of instigating protests against the CAA/NRC that led to riots in Delhi in February 2020.
- She was part of activist groups including Pinjra Tod and attended meetings where more extreme protests like blocking roads were discussed.
- However, her defense argues she was merely protesting peacefully and not present during any riots or violence. She claims the police evidence is fabricated and she played no role in any conspiracy or riots.
- The court will determine if Narwal qualifies for bail based on the evidence and charges against her under the UAPA anti-terrorism law
The court document discusses a case regarding a political party in Puducherry that allegedly conducted an unauthorized campaign by sending bulk SMS messages to citizens' phones linked to their Aadhar cards without permission from the Election Commission. The court notes serious privacy concerns and orders the Election Commission and UIDAI to investigate how the political party accessed personal citizen information. The court will hear the case again in 6 weeks to receive answers from the respondent authorities regarding compliance with election rules and protection of citizen privacy.
This document provides arguments regarding a dispute over the formation and alleged breach of a contract for the sale of a vintage car between Mr. Raghav and Mr. Sam. It summarizes the 3 key issues in dispute and provides supporting arguments for each issue in 3 or less sentences.
Issue 1: Whether the offer and acceptance were valid. It argues that the offer and acceptance communicated via telex met the requirements to form a valid contract under the Indian Contract Act.
Issue 2: Whether the revocation of the offer was valid. It argues that the revocation was not valid as it did not comply with provisions for revocation under the Indian Contract Act.
Issue 3: Whether there was a breach of contract.
Requirement of a statutory notice in Uganda's lawsMarilyn Yvone
The court considered an application by Uganda Registration Services Bureau seeking unconditional leave to appear and defend a civil suit brought by Stellar Properties Limited. The Bureau argued that the suit was barred because Stellar did not provide the mandatory statutory notice required to sue the Bureau, as a statutory corporation. However, the court found that while the notices Stellar sent did not use the exact prescribed form, they met the material requirements of identifying the claimant, facts, and value of claim. The court thus dismissed the Bureau's application, finding that the notice requirements were directory rather than mandatory, and the Bureau was not prejudiced.
The Intricacies of Proceedings in the Constitutional Court.pdfAHRP Law Firm
The Constitutional Court, as one of the judicial power institutions, has the features of protecting and maintaining the 1945 Indonesian Constitution through diverse attribution authorities. Recently, the Constitutional Court has become the object of public dialogue due to numerous events, specifically on the 2024 presidential election dispute. Henceforth, a comprehensive illustration of Constitutional Court duties and procedures, with additional insight of precedent of disputes adjudicated by the Constitutional Court would be favorable for public knowledge in light of the recent issues. Find out more of our insights about this topic Legal Brief publication.
The document summarizes a court case involving Devangana Kalita appealing the rejection of her bail application. Some key points:
- Kalita was arrested in relation to 4 FIRs regarding protests against the CAA and NRC acts, and has received bail in 3 but remains in custody for the 4th (subject FIR).
- The allegations against her are that as part of protest groups, she instigated violence in Muslim areas of Delhi in February 2020. However, she denies being present at the sites of violence and claims her call/location records will exonerate her.
- Her lawyers argue the charges against her are vague and she poses no flight risk or evidence tampering risk so should be granted bail
The document discusses a writ petition challenging an order that externally a petitioner under the Uttar Pradesh Control of Goondas Act, 1970. It discusses the petitioner's right to challenge the order even though the 6-month externment period has ended. It analyzes precedent case law and concludes that the right to reputation is part of the right to life under the Indian Constitution. Therefore, the petitioner is entitled to question the validity of the externment order due to its stigmatic effect, even after it has expired.
Judgment - Appellate Tribunal for Foreign ExchangeGauravVarma27
1) The appellant company appealed an adjudication order that imposed penalties for alleged violations of FEMA regulations regarding the repatriation of foreign exchange.
2) The appellant had remitted $433,661.76 in advance to a Chinese supplier that later went bankrupt without notice. The RBI subsequently granted an exemption relieving the requirement to submit import documents.
3) The adjudicating authority still found a violation, but the appellant argued the RBI exemption eliminated any contravention, and precedent supported their view. The tribunal agreed and overturned the penalties.
1. The Supreme Court ruled in favor of the petitioner Lok Prahari in establishing mechanisms to monitor the financial affairs of legislators and determine if there has been any undue accumulation of assets.
2. The Court held that undue accumulation of assets by legislators undermines democracy and ordered the government to enact subordinate legislation defining undue accumulation as grounds for disqualification.
3. It also allowed the establishment of a body to regularly monitor legislators' financial records and assets, and mandated the disclosure of sources of income by candidates in nomination forms as per citizens' right to information.
1. This document summarizes a court order on an application seeking review of a previous judgment allowing the sale of a property from a Hindu seller to a Muslim buyer in Vadodara, Gujarat.
2. The review application argues that the original judgment was obtained fraudulently as the sale deed was executed before permission was sought, as required by law. It also notes factual errors and disputes signatures on affidavits supporting the sale.
3. The court heard arguments for the review application, noting the applicant's assertions that the dates of documents were misrepresented, facts about the property and community involved were incorrect, and signatures were obtained by coercion. The review application seeks to argue that the sale violated laws around maintaining demographic
This document is a court order from the High Court of Judicature at Bombay regarding a criminal application to quash an FIR. The court order summarizes the arguments made by the applicant's lawyer to quash the FIR on the grounds that the original informant is now agreeable to settle the dispute. However, the court expresses skepticism about the compromise, noting concerns that the informant may have been coerced. The court ultimately denies the application, finding that accepting such a compromise would not be in the interest of justice and could discourage female employees from reporting harassment.
This document summarizes a court case regarding the procurement of Remdesivir injections during the COVID-19 pandemic. It discusses a criminal application filed by relatives of COVID patients seeking to intervene in the case on behalf of a Member of Parliament who helped procure injections. The court rejects their application, finding that they are not necessary to determine if the MP's actions followed legal procedures. The court examines documents from the District Collector regarding the approved purchase of 1700 injections through legal channels, which differ from claims about injections transported via private plane. The legality of the procurement methods is still under investigation.
My Article published and displayed by the Taxmann.
Citation: [2015] 64 taxmann.com 232 (Article)
The main aim behind the enactment of the Competition Act, 2002 was to promote efficiency using competition as one of the means of assisting in the creation of market responsive to consumers' preferences. Section 4 of the said Act prohibits abuse of dominance by any enterprise or group. Abuse of dominance has been dealt with in sub-sections 2(a) to 2(e) of section 4.
Globally remove links of video defaming Ramdev, Delhi HC directs Facebook, Go...sabrangsabrang
This document is a court judgment from the High Court of Delhi regarding a defamation case filed by Swami Ramdev and Patanjali Ayurved Ltd. against Facebook, Google, YouTube, Twitter and others ("Platforms"). The Plaintiffs allege that defamatory content about them from a book was disseminated on the Platforms and sought an injunction. The court had earlier directed the Platforms to remove the URLs for access in India but not globally. In this judgment, the court considers arguments for and against globally blocking the URLs and content. The Plaintiffs argue for a global block, while the Platforms argue they should not be obligated to implement court orders globally. The court examines the relevant laws and precedents
1) The petitioner, M. Ananthan, was arrested in 2018 for drug offenses involving commercial quantities of ganja and has been in judicial custody since.
2) While the petitioner satisfies one requirement for bail under the NDPS Act by not having a criminal record, the court found he did not satisfy the second requirement that he is not likely to have committed the offense based on evidence.
3) However, the court determined the petitioner's right to a speedy trial had been violated as the trial had not commenced for over two years. As such, the court directed the prosecution to pay compensation of Rs. 1 lakh and for the trial to conclude within three months.
The petitioner, Jafar Sathick, filed a criminal original petition to quash the FIR registered against him in Crime No. 63 of 2020 by the Boothapandy Police Station. The FIR alleged that the petitioner organized a protest against amendments to the Citizenship Laws that caused public nuisance and hindered traffic. However, the court noted that the protest was peaceful with no untoward incidents. Since the investigation was almost complete, the court quashed the FIR against the petitioner while emphasizing the constitutional right to peaceful protest without arms.
Similar to Embed-1-4.pdf Decision of the High Court (20)
केरल उच्च न्यायालय ने 11 जून, 2024 को मंडला पूजा में भाग लेने की अनुमति मांगने वाली 10 वर्षीय लड़की की रिट याचिका को खारिज कर दिया, जिसमें सर्वोच्च न्यायालय की एक बड़ी पीठ के समक्ष इस मुद्दे की लंबित प्रकृति पर जोर दिया गया। यह आदेश न्यायमूर्ति अनिल के. नरेंद्रन और न्यायमूर्ति हरिशंकर वी. मेनन की खंडपीठ द्वारा पारित किया गया
सामूहिक हस्ताक्षर अभियान जो चल रहा है, उसे इंडिया अलायंस के अन्य दलों के नेताओं को भी सूचित किया जाएगा। पत्र याचिका में प्रस्तावित, दूरगामी संशोधनों पर गंभीर संसदीय बहस, कानूनी विशेषज्ञों के साथ परामर्श और संयुक्त संसदीय समिति (जेपीसी) द्वारा जांच का आग्रह किया गया है।
ग्रेटर मुंबई के नगर आयुक्त को एक खुले पत्र में याचिका दायर कर 540 से अधिक मुंबईकरों ने सभी अवैध और अस्थिर होर्डिंग्स, साइनबोर्ड और इलेक्ट्रिक साइनेज को तत्काल हटाने और 13 मई, 2024 की शाम को घाटकोपर में अवैध होर्डिंग के गिरने की विनाशकारी घटना के बाद अपराधियों के खिलाफ सख्त कार्रवाई की मांग की है, जिसमें 17 लोगों की जान चली गई और कई निर्दोष लोग गंभीर रूप से घायल हो गए।
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
10 जून, 2024 को देर शाम ईमेल और रजिस्टर्ड पोस्ट के ज़रिए शिवसेना (यूबीटी) के उम्मीदवार अमोल कीर्तिकर ने मुंबई के उत्तर पश्चिम निर्वाचन क्षेत्र से ईसीआई द्वारा घोषित चुनाव परिणामों को चुनौती दी है
10 जून, 2024 को देर शाम ईमेल और रजिस्टर्ड पोस्ट के ज़रिए शिवसेना (यूबीटी) के उम्मीदवार अमोल कीर्तिकर ने मुंबई के उत्तर पश्चिम निर्वाचन क्षेत्र से ईसीआई द्वारा घोषित चुनाव परिणामों को चुनौती दी है
‘वोटर्स विल मस्ट प्रीवेल’ (मतदाताओं को जीतना होगा) अभियान द्वारा जारी हेल्पलाइन नंबर, 4 जून को सुबह 7 बजे से दोपहर 12 बजे तक मतगणना प्रक्रिया में कहीं भी किसी भी तरह के उल्लंघन की रिपोर्ट करने के लिए खुला रहेगा।
हम आग्रह करते हैं कि जो भी सत्ता में आए, वह संविधान का पालन करे, उसकी रक्षा करे और उसे बनाए रखे।" प्रस्ताव में कुल तीन प्रमुख हस्तक्षेप और उनके तंत्र भी प्रस्तुत किए गए। पहला हस्तक्षेप स्वतंत्र मीडिया को प्रोत्साहित करके, वास्तविकता पर आधारित काउंटर नैरेटिव का निर्माण करके और सत्तारूढ़ सरकार द्वारा नियोजित मनोवैज्ञानिक हेरफेर की रणनीति का मुकाबला करके लोगों द्वारा निर्धारित कथा को बनाए रखना और उस पर कार्यकरना था।
पिछले दो सप्ताहों में, बेंगलुरु और दिल्ली में, दो राष्ट्रीय स्तर की बैठकों ने भारत के वर्तमान चुनाव आयोग (ईसीआई) की स्वतंत्र कार्यप्रणाली में विश्वास में कमी के कारण मतगणना की निगरानी करने के अपने इरादे की घोषणा की है। #VotersWillMustPrevail एक सामूहिक आंदोलन है जो अगले कुछ हफ्तों में और तेज होगा जो लोकतंत्र के लिए महत्वपूर्ण है। जन संगठन, किसान और श्रमिक समूह के अलावा सार्वजनिक बुद्धिजीवी इस प्रयास का हिस्सा हैं जो अगले कुछ हफ्तों में अपने काम को तेज करेगा।
विरोध प्रदर्शन के माध्यम से, महिला, दलित, किसान, अल्पसंख्यक, पिछड़े समुदाय, लैंगिक अल्पसंख्यक, वैज्ञानिक आंदोलन, छात्र और युवा आंदोलन से संबंधित संगठन हसन शहर में विरोध प्रदर्शन करेंगे और रेवन्ना का पासपोर्ट रद्द करने, पीड़ितों की गरिमा की रक्षा की मांग करेंगे।
आईसीडब्ल्यूआई (इंडियन सिविल वॉचलिस्ट) और Ekō की एक हालिया रिपोर्ट से पता चला है कि भारत के लोकसभा चुनावों से पहले सतर्क रहने का वादा करने के बावजूद, मेटा अपने प्लेटफार्मों पर एआई द्वारा उत्पन्न घृणा सामग्री को मंच दे रहा है।
18वीं लोकसभा के लिए चल रहे चुनाव के बीच, कलकत्ता उच्च न्यायालय ने चुनाव आयोग को निर्देश दिया कि चुनाव पूरा होने तक सत्तारूढ़ पार्टी (भाजपा) को टीएमसी के खिलाफ किसी भी प्रकार के विज्ञापन प्रकाशित करने और मीडिया के किसी भी रूप में ऐसे विज्ञापन प्रकाशित करने से रोका जाता है
Embed-3-1-1.pdf The ECI direction on April 2, 2024 can be read here:bhavenpr
18वीं लोकसभा के लिए चल रहे चुनाव के बीच, कलकत्ता उच्च न्यायालय ने चुनाव आयोग को निर्देश दिया कि चुनाव पूरा होने तक सत्तारूढ़ पार्टी (भाजपा) को टीएमसी के खिलाफ किसी भी प्रकार के विज्ञापन प्रकाशित करने और मीडिया के किसी भी रूप में ऐसे विज्ञापन प्रकाशित करने से रोका जाता है
लाइव लॉ ने न्यायमूर्ति गवई के हवाले से यह भी कहा, “राज्य (मध्य प्रदेश) ऐसे मामले में एक अतिरिक्त महाधिवक्ता को पेश करने में क्यों दिलचस्पी ले रहा है?” वह भी कैविएट पर?! जाहिर है, यह उत्पीड़न का मामला लगता है! किसी को उसे (याचिकाकर्ता को) परेशान करने में दिलचस्पी है!
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1. AD-27
Ct No.09
20.05.2024
TN
WPA No. 14161 of 2024
All India Trinamool Congress
Vs.
Election Commission of India and others
Mr. Jishnu Saha, Ld. Sr. Adv.,
Mr. Soumen Mohanty,
Mr. Ayan Podder,
Mr. Agnish Basu,
Mr. Soham Dutta,
Ms. Syed Kishwar,
Ms. Riddhi Jani
…. for the petitioner
Mr. Lakshmi Kr. Gupta, Ld. Sr. Adv.,
Mr. Anuran Samanta
…. for the ECI
Mr. Ratnanko Banerji, Ld. Sr. Adv.,
Mr. Arunabha Deb,
Mr. Soumabho Ghose,
Ms. Ashika Daga,
Mr. Kanishk Kejriwal,
Mr. Tirthankar Das,
Mr. Raunak Das Sharma
…. for the respondent no. 3
1. Heard learned counsel for the parties.
2. Learned senior counsel appearing for the petitioner
contends that the petitioner is a political party which is
participating in the ongoing parliamentary elections
and is being prejudiced adversely by certain
advertisements being published in the respondent no.
3-newspaper as well as other newspapers by the
respondent no. 2, which is a rival political party.
3. Learned senior counsel places reliance on the
provisions of the Manual of Model Code of Conduct and
Media Compendium issued by the Election Commission
2. 2
of India (ECI). By relying on certain clauses of the
same, it is argued that criticism of other parties or their
workers based on unverified allegations or distortion is
to be avoided. That apart, during the election period,
the print media should refrain from publishing any
unverified allegation against any candidate or political
party, either directly or impliedly, as per guidelines
issued by the Press Council of India‟s election
reporting-1996 and further guidelines issued on July
30, 2010 to be followed during election. Further, no
political party or candidate or any other organization or
person shall publish any advertisement in the print
media on poll day and one day prior to poll day (silent
period).
4. In the present case, the petitioner has annexed certain
advertisements which are offending from the
perspective of the petitioner. At least one of those, it is
argued, dated May 12, 2024 was published during the
silent period as contemplated in the Model Code of
Conduct (MCC).
5. Despite repeated complaints having been lodged with
the ECI, it is alleged by the petitioner that the
Commission has not been taking any steps thereon.
Only after filing of the writ petition, on May 18, 2024, a
communication was made indicating that the
Commission has issued a show cause notice to
respondent no. 2, which is to be replied to by May 21,
3. 3
2024, pertaining to the advertisement published during
the silent period on May 12, 2024.
6. It is argued by the petitioner that by virtue of such
slanderous advertisements, the respondent no.3 and
other newspapers have been carrying an agenda from
the respondent no. 2, which is diametrically
contradictory to the MCC. As such, the petitioner seeks
injunction which, as per the submission of the
petitioner, would be to facilitate free and fair elections.
7. Learned senior counsel appearing for the ECI submits
that the ECI has the power to look into the matter to
ensure compliance of its advisories and the MCC.
8. Accordingly, the ECI has already issued a notice on the
basis of the complaint of the petitioner regarding the
offending advertisement dated May 12, 2024, directing
show cause to be filed by the respondent no. 2 by May
21, 2024, that is, tomorrow.
9. It is contended by learned counsel for the ECI that in
the event this court adjudicates either way on the
present prayers, the same might have an adverse and
prejudicial effect on the adjudication made by the ECI.
That apart, learned senior counsel for the ECI cites
Article 324 read in conjunction with Article 329 of the
Constitution of India which debar the intervention of
courts in matters pertaining to conduct of elections.
10. Learned senior counsel for the ECI, during passing of
the order, points out that 21st May has been fixed not
4. 4
as a date of hearing but for reply to the show-cause
notice issued by the Commission on May 18, 2024.
11. It is further pointed out that some of the previous
complaints of the petitioner have been resolved.
12. Learned senior counsel appearing for the respondent
no. 3, a leading vernacular daily, submits that the
respondent no. 3, while carrying out its commercial
duties, merely carries advertisements given by different
entities. It is argued that even the petitioner has given
advertisements which have been carried duly by the
respondent no. 3.
13. It is submitted that the respondent no.3, is a part of the
media, and it falls within the domain of functioning of
the media to carry advertisements. Upon due payments
having been made and all compliances by the
concerned entity, the respondent no. 3 has a right to
carry such advertisements and has no role to play in
the allegations made by the petitioner.
14. It is further pointed out that the writ petition is also
bad for non-joinder of necessary parties since from the
annexure at page-41 of the writ petition it is evident
that similar advertisement has been carried by at least
another media house in its daily. Moreover, there are
other newspapers and media platforms which are
carrying the advertisements complained of by the
petitioner, who have not been impleaded in the present
writ petition. It is, thus, argued that such selective
5. 5
allegation against the respondent no.3 vitiates the
present challenge.
15. Upon a careful perusal of the resolution allegedly
arrived at by the ECI, those appear ex facie to be
insufficient. Insofar as the complaint dated May 05,
2024 is concerned, from the bunch of documents
handed over in court today and relied on by the ECI, it
is seen that the resolution was merely in the form of a
statement that the complaint has been “resolved” and
the matter has been taken up by the office of the Chief
Electoral Officer, West Bengal.
16. With an asterisk, at the bottom, it is indicated that if
the complainant is not satisfied, it can re-open the
complaint within 7 days of resolution, which indicates
that the statement made thereinabove is the complete
resolution of the complaint.
17. Again, at page-10 of the bunch of documents handed
over by the ECI, regarding one of the other
advertisements in respect of which the petitioner had
lodged a complaint, one of the resolutions seems to be
that the matter has been taken up by the office of the
Chief Electoral Officer, West Bengal, which appears
against serial no.1 of the resolution sheet. Against
serial no.4, it has also been mentioned that another
complaint has been resolved merely by way of a finding
that the alleged complaint is not related to the 152-
Tollyganj Assembly Constituency but is related to the
whole State of West Bengal; so, it may be sent to the
6. 6
Media Certification and Monitoring Committee (MCMC)
for necessary action.
18. Regarding another complaint, as appearing from page-4
of the bunch of documents handed over by the ECI, the
Chief Electoral Officer has referred the matter to the
Election Commission of India through its Secretary.
19. It is seen from the said communication dated May 16,
2024 that by virtue of the same, the Chief Electoral
Officer has merely enclosed a copy of the advertisement
for the perusal of the Election Commission of India with
the transcript of the advertisement.
20. However, this court is not satisfied that any of such so-
called „resolutions‟ are resolutions in the real sense of
the term. The said matter is merely an exercise by the
ECI in passing the buck regarding the complaints made
by the petitioner.
21. Insofar as the conduct of the elections by the ECI is
concerned, looking into the provisions of Articles 324
and 329 of the Constitution of India, it is clear that the
same pertains in a blanket fashion to all facets of
conduct of elections.
22. It is well-settled by the Supreme Court and by various
High Courts of the country on several occasions that
the court cannot interdict in an election process so as
to throw a spanner in the wheels of the election and/or
to halt the election process altogether.
23. The purpose of the court can at best be, in a challenge
under Article 226 of the Constitution of India, to
7. 7
facilitate the process of election and not to halt the
same or to prevent the smooth process of the election.
24. In the present case, what the petitioner seeks is to
ensure free and fair elections by way of preventing the
respondent no.2 from publishing alleged
advertisements in violation of the MCC.
25. Thus, the petitioner does not seek to interdict the
process of election or to halt the same but clearly to
facilitate free and fair elections, which is in consonance
with the purpose enumerated in Articles 324 and 329.
26. Moreover, the present challenge is wider in scope than
the limited and restricted focal lens of the conduct of
the electoral process and also hits at the rights of the
petitioner and its functionaries under Article 21 of the
Constitution of India as well as under Article 19 of the
Constitution of India, in order to practice, profess and
propagate their political philosophy as well as to have a
right to a free and fair electoral process.
27. Thus, the petitioner, as any other political party, is
also entitled under Article 14 of the Constitution of
India to seek that the court ensures free and fair play in
the electoral process and to protect the rights of any
and every political party in that regard.
28. It must be mentioned here that even as per the ECI, the
advisories of the ECI do not entitle the ECI to pass any
restraint order as such or take any penal action against
the political party is concerned but merely to censure
the said political party if there is a violation of the MCC.
8. 8
29. Thus, the remedy sought before the writ court, to
vindicate and protect the fundamental rights of the
petitioner, cannot be granted by the ECI, since the
scope of exercise of power of the ECI is merely to ensure
that the advisories issued by it are adhered to.
30. Insofar as the arguments of the respondent no.3 are
concerned, there is justification in the contention of the
respondent no. 3 that the other media houses or
newspapers etc. which are carrying the same
advertisement ought also to have been impleaded as
parties to the present writ petition. The writ petition is
not merely to restrain media houses but primarily to
restrain the respondent no.2, being the ruling political
party of the country having the responsibility to lead
from the forefront, from publishing advertisements
which squarely violate the political rights of the
petitioner and its functionaries.
31. A perusal of the impugned advertisements dated May
04, 2024, May 05, 2024, May 10, 2024 and May 12,
2024 clearly evince that those are in violation of the
letter and spirit of the MCC.
32. Insofar as the allegations made therein are concerned,
those are not in the form of news items, nor do they
refer to any specific source for making the said blanket
allegations against the petitioner/party. The name of
the advertiser appears in microscopically small print,
thus giving an impression that the same is a general
article.
9. 9
33. The MCC clearly prohibits all participants in the
election process from criticism of other parties or their
workers based on unverified allegations or distortion.
34. Moreover, as per the MCC, during the election period,
the print media should also refrain from publishing any
unverified allegation against any candidate or political
party either directly or impliedly as per guidelines
issued by the Press Council of India.
35. It is also clear that in the garb of advertisements, the
present impugned allegations and publications made
against the petitioner are outright derogatory and
definitely intended at insulting the rivals and levelling
personal attacks against its functionaries.
36. Hence, the said advertisements, being directly
contradictory to the MCC, which operate as guidelines,
as well as being violative of the right of the petitioner
and all citizens of India to a free, fair and untainted
election process, the respondent no.2 ought to be
restrained from further publishing the same until
further orders.
37. It may be mentioned here that the apprehension of the
ECI that its decision on the complaints made by the
petitioner may be prejudiced by any order of this court
is illusory, since the power of issuance of injunctions by
writ courts in the context of ensuring free and fair
election process is beyond the limited power of the ECI
to deal with the complaints.
10. 10
38. Moreover, in the present case, as discussed above, the
ECI has grossly failed to address the complaints raised
by the petitioner in due time. This court is surprised
that no resolution worth the name has been arrived at
regarding the said complaints till date, more so, since
most of the phases of the electoral process are already
over and only two phases are left and the entire election
process shall be concluded by June 04, 2024.
39. A resolution of the complaints after the election is over
means nothing to the court and, as such, in view of the
failure on the part of the ECI to interdict and act on the
complaints of the petitioner in due time, this court is
compelled to pass an injunction order in the terms
enumerated hereinbelow.
40. Accordingly, the respondent no.2 is hereby restrained
from further continuing with the publication of the
offending advertisements dated May 04, 2024
(Annexure P1); May 05, 2024 (Annexure P3); May 10,
2024 (Annexure P5) and that dated May 12, 2024
(Annexure P8) till June 04, 2024 or until further order,
whichever is earlier.
41. The respondent no.2 is further restrained from
publishing advertisements in any form of media which
is violative of the MCC issued by the ECI during the
aforesaid period.
42. The matter shall next be listed in the monthly list of
June, 2024. Liberty, however, is given to the parties to
mention for earlier enlistment before the appropriate
11. 11
Vacation Bench sitting during the oncoming summer
vacation in the event any exigency arises.
(Sabyasachi Bhattacharyya, J.)