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Delhi Court Declines Cognizance in Case Against AAP Leader Somnath Bharti Introduction In a significant ruling, the Rouse Avenue Court in Delhi has declined to take cognizance of the charge sheet filed against AAP leader Somnath Bharti and another accused under Section 132 of the Representation of the People Act, 1951 (RP Act). The court ruled that there was insufficient evidence to establish a criminal offense, thereby dismissing the prosecution’s case. This decision comes after an FIR was registered at the South Campus Police Station in May 2024, alleging that Bharti and his associates entered polling locations and recorded poll procedures during the 2024 Lok Sabha elections . Background of the Case FIR & Allegations 🔹 The FIR was lodged based on two complaints from Presiding Officers of Polling Stations-12 & 14 , who alleged that: ✔️ Somnath Bharti and his supporters entered the polling locations while hiding their mobile phones. ✔️ An accused, Anshul , vid...

SC Rules: Only States Can Tax Lotteries – No Service Tax by Centre Introduction In a significant verdict , the Supreme Court of India ruled that lottery distributors are not liable to pay service tax to the Central Government . The apex court upheld the Sikkim High Court's 2012 decision , stating that only state governments have the power to impose taxes on lotteries under Entry 62, List II of the Seventh Schedule of the Constitution of India. This ruling brings clarity to the taxation of lotteries , reinforcing the exclusive authority of states over gambling-related activities. The Supreme Court's Judgment Key Observations by the Bench 🔹 The bench of Justices BV Nagarathna & N Kotiswar Singh dismissed the Centre’s appeal, citing that the Finance Act amendments of 2012, 2015, and 2016 , which sought to levy service tax on lottery distributors, were ineffective . 🔹 The SC upheld that the business of lotteries operates on a Principal-to-Principal basis , meani...

SC Tags Owaisi's Plea for Enforcement of Places of Worship Act with Pending Cases The Supreme Court has scheduled the hearing of AIMIM President Asaduddin Owaisi's plea on February 17 , alongside a series of petitions challenging and seeking strict enforcement of the Places of Worship (Special Provisions) Act, 1991 . Here’s a detailed analysis of the legal and communal implications of this case: What is the Places of Worship Act, 1991? The Act is a legislative measure that aims to preserve the character of all religious places as they existed on August 15, 1947 . Key provisions include: Section 3: Prohibits the conversion of any place of worship into one of a different religious character. Section 4: Bars the filing of suits or legal proceedings seeking such conversion for places of worship existing as of August 15, 1947. The Act imposes strict penalties for violations and seeks to maintain communal harmony by freezing the religious character of places of worship. ...

Delhi High Court Grants Bail to Former Bank Manager  Accused of Defrauding Woman of ₹13 Crores  The Delhi High Court has granted bail to Varun Vashista , a former bank manager accused of embezzling over ₹13 crores from a customer’s account while working at ICICI Bank's Vikas Puri branch. The bail was approved by Justice Amit Mahajan on November 12, 2024, after considering the evidence and facts of the case.   Details of the Case The allegations against Vashista stem from his role as a branch manager. The complainant and her husband had entrusted him with managing their investments, amounting to ₹13.5 crores, between 2019 and 2023.   The complainant discovered in January 2024 that nearly ₹12 crores had been **siphoned off** from her account. Key allegations include:   - Creation of Fake Fixed Deposits: The accused reportedly created fraudulent fixed deposit accounts in the complainant’s name.   - Misappropriation of Funds: Funds were tr...

Supreme Court Upholds Constitutional Validity of Section 6A of Citizenship Act: Balancing Migration, Citizenship, and Cultural Identity in Assam In a recent decision, the Supreme Court of India  addressed the constitutional validity of Section 6A of the Citizenship Act, 1955 , which specifically confers citizenship on a class of migrants from Bangladesh to Assam . This ruling stems from Writ Petition No. 274 of 2009  and multiple connected petitions. Section 6A was introduced after the Assam Accord of 1985 , and has been a focal point of debate due to its implications on citizenship and its alignment with the Constitution of India . Key Issues Addressed by the Court 1. Legislative Competence of Parliament: The Court analyzed whether Parliament had the constitutional authority to enact Section 6A , given that the provision grants citizenship based on a specific timeline related to migration from Bangladesh into Assam. The petitioners contended that Section 6A altered the cut-o...

Constitutional Provisions for Appointment of Chief Justice of High Courts The appointment of Chief Justices of High Courts in India is governed by several constitutional provisions and guidelines laid down by the Supreme Court Collegium . The Constitution of India , particularly Articles 217 and 222 , outlines the framework for the appointment of Judges and Chief Justices  of High Courts. In conjunction with these, the Memorandum of Procedure (MoP) , developed based on various Supreme Court rulings, plays a crucial role in guiding the appointment process. Article 217: Appointment of High Court Judges Article 217 of the Constitution lays down the qualifications and procedure for the appointment of Judges to High Courts . According to this Article: - A Judge of a High Court , including the Chief Justice , is appointed by the President of India . - The President consults with the Chief Justice of India (CJI) , the Governor of the respective state , and sometimes the Chief Justice of ...

Supreme Court Dismisses Appeal in the Dispute Over Trust Property of Kamakala Kameshwarar Temple On September 13, 2024 , the Supreme Court of India dismissed the civil appeal in Civil Appeal No. 8374 of 2024 , involving the dispute over the ownership and title of a trust property related to the Kamakala Kameshwarar Temple . The appeal, filed by Sri Siddaraja Manicka Prabhu Temple , challenged the judgment passed by the Madras High Court on October 26, 2017 , which had upheld the decision that the disputed property was trust property and not under the absolute ownership of the appellant. Background of the Case The case revolves around the ownership of an immovable property adjacent to the Kamakala Kameshwarar Temple (referred to as the "suit property"). This property, along with the temple, was originally owned by Rai Raja Eswardoss Diawanth Bahadur , whose son and grandson, T. Lakshmidoss and T. Venkataprasad , were declared insolvents by the Madras High Court in 1914 . A...

Oberoi Hotel Group Family Dispute: Delhi High Court  Issues Injunction on PRS Oberoi’s Shares In a significant development in the Oberoi Hotel Group family dispute, the Delhi High Court on September 12, 2024, issued an interim order in favor of Anastasia Oberoi, daughter of the late veteran hotelier PRS Oberoi. The lawsuit, filed by Anastasia, has brought into focus the contentious issue of inheritance and the control of shares in EIH Limited, which manages the renowned Oberoi and Trident hotel chains. The Dispute: Control Over PRS Oberoi’s Estate The lawsuit was filed by Anastasia Oberoi, alleging that her brother Vikramjit Oberoi, sister Natasha Oberoi, and cousin Arjun Oberoi, along with the executors of PRS Oberoi’s will, were conspiring to obstruct the execution of the will and manipulate the distribution of shares and properties left behind by their late father. The case revolves around the control of the family’s substantial holdings in EIH Limited, Oberoi Hotels Pvt. Ltd., ...

Supreme Court Issues Stay on Defamation Proceedings Against Shashi Tharoor On September 10, 2024, the Supreme Court of India stayed the defamation proceedings against Shashi Tharoor, a sitting Member of Parliament, while hearing his appeal in a Special Leave Petition (SLP) related to remarks made in 2018. The complaint was filed under Section 200 of the Code of Criminal Procedure (CrPC), accusing Tharoor of defamation under Sections 499 and 500 of the Indian Penal Code (IPC) for statements he made referring to Prime Minister Narendra Modi. Background of the Case The controversy stems from a speech made by Shashi Tharoor on October 28, 2018, where he quoted a metaphor that had previously appeared in an article published in The Caravan Magazine on March 1, 2012. Tharoor referenced the metaphor, allegedly made by an unnamed source in the RSS, describing Prime Minister Modi as a "scorpion sitting on a Shivling," a remark meant to illustrate the difficulty of managing Modi's l...

Delhi High Court: Video Recording of Bail Proceedings Mandatory Under SC/ST Act, Even in Sexual Offence Cases In a landmark ruling, the Delhi High Court held that video recording of bail proceedings under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is mandatory, even in cases involving sexual offences. The ruling was issued by Justice Vikas Mahajan while hearing the bail application of Laxmi Narayan, the accused in a highly sensitive Delhi minor rape and murder case. The case involved provisions from the Indian Penal Code (IPC), the Protection of Children from Sexual Offences (POCSO) Act, and the SC/ST Act. Section 15A(10) of the SC/ST (Prevention of Atrocities) Act, 1989 The primary focus of the judgment was on Section 15A(10) of the SC/ST Act, which mandates that all proceedings under the Act, including bail hearings, must be video recorded. This provision is in place to protect the rights of victims, especially those belonging to marginalized commu...

Madhya Pradesh Officials Face Contempt Charges  Over Wage Dispute The Indore bench of the Madhya Pradesh High Court has taken stern action against five senior Madhya Pradesh government officials for failing to comply with court orders regarding wage parity for contractual employees. This decision comes after a contempt petition highlighted their disregard for a previous court directive. Contempt of Court: A Brief Overview Contempt of court occurs when an individual or entity disobeys or disrespects a court order. In India, contempt of court is governed by the Contempt of Courts Act, 1971. The Act defines two types of contempt: civil and criminal. Civil contempt involves the wilful disobedience of a court order, while criminal contempt includes acts that scandalize or lower the authority of the court.  Background of the Case The issue began when Parthan Pillai, a 48-year-old Computer Programmer, filed a Writ Petition under Article 226 of the Constitution of India. Pillai sought...

Hindu Front Moves Plea in SC to Vacate Interim Stay in Bhojshala Temple-Kamal Maula Mosque Dispute The Hindu Front for Justice (HFJ) has recently filed a plea in the Supreme Court of India to vacate the interim stay that restrains action based on the Archaeological Survey of India (ASI) report concerning the Bhojshala Temple-Kamal Maula Mosque complex dispute. Background of the Dispute This complex issue began when the Madhya Pradesh High Court permitted an ASI survey of the Bhojshala Temple-Kamal Maula Mosque to determine its religious character on March 11, 2024. Subsequently, the mosque committee challenged this decision, leading to the Supreme Court issuing an interim stay on April 1, 2024, preventing action based on the ASI's findings. The Plea by HFJ Filed through advocate Vishnu Shankar Jain, HFJ's application argues that the Supreme Court's interim stay has rendered the Special Leave Petition (SLP) ineffective. HFJ maintains that objections to the ASI report can be ...

Supreme Court Issues Notice to Centre on Marital Rape Exception Challenge in New Criminal Law The Supreme Court of India on Friday issued a notice to the Centre regarding a plea challenging the retention of the marital rape exception in the new criminal law, Bharatiya Nyay Sanhita. This significant move came as a bench headed by Chief Justice of India DY Chandrachud decided to tag the matter with an existing petition challenging the same provision under the Indian Penal Code (IPC), scheduling further hearings for July. Petition by All India Democratic Women's Association The plea challenging the marital rape exception was filed by the All India Democratic Women's Association (AIDWA), with Senior Advocate Karuna Nundy representing the petitioner. The AIDWA's petition is part of a broader movement seeking the removal of legal protections that currently exempt husbands from rape charges within marriage. Background of the Issue Several petitions have previously been filed in th...