| GyanCentral - The hub for engineering and law students - IIT-JEE, AIEEE, BITSAT, CLAT, AILET - 2012: LEGAL NEWS- For cracking CLAT, AILET 2013 Oct 4th 2012, 03:08 | GyanCentral - The hub for engineering and law students - IIT-JEE, AIEEE, BITSAT, CLAT, AILET - 2012 | | The most comprehensive career education and test preparation forums in india. | | | LEGAL NEWS- For cracking CLAT, AILET 2013 Oct 4th 2012, 02:59 26th Sept Justice Darmar Murugesan sworn in as Chief Justice of Delhi HC Justice Darmar Murugesan was today sworn in as the Chief Justice of the Delhi High Court. Justice Murugesan was, earlier, a judge of the Madras High Court. Lt Governor Tejendra Khanna administered the oath of office to Justice Murugesan at 1000 hrs at a function at Raj Niwas in the capital. The function was attended by Chief Minister Sheila Dikshit and other judges of the High Court. No illegality in Bharti Wallmart going in retail sector: Govt tells Delhi HC The Centre today told the Delhi High Court that the Public Interest Litigation(PIL) against Bharti Walmart Private Limited and Bharti Retail Limited for alleged violation of FDI policy should be quashed as it has brought about a new policy on the issue. Additional Solicitor General (ASG) Rajiv Mehra told a bench comprising Chief Justice Darmar Murugesan (who assumed charge today) and justice Rajiv Sahai that in view of the new policy declared by the Centre recently on foreign direct investment, the PIL seeking not to allow Bharti Walmart Private Limited to invest in retail sector cannot survive. The ASG told the bench that in the changed scenario, when the government has allowed FDI in retail, the petition filed earlier against it loses its relevance. The lawyer of petitioner Vandana Shiva, who is an environment activist told the court that in view of new developments in FDI policy, she would re-consider her petition and get back to the court. The Court had earlier issued notices to the Centre, Bharti Walmart Private Limited and Bharti Retail Limited on the plea of Vandana seeking a probe against the firms for allegedly carrying out retail trading in multi-brand sector in violation of India's existing FDI policy. The petitioner alleged that Bharti Walmart was carrying out multi-brand retail trade illegally, as it has despite being permitted only to carry out wholesale cash-and-carry trade here. The PIL alleged that the same process is being adopted by many other Indian firms as they are acting as front office for foreign firms and passing off majority control to them and taking away the revenue to off-shore companies. Delhi HC to hear Sheila Dikshit's defamation suit against Vijender Gupta on February 19 Chief minister Sheila Dikshit and Delhi BJP chief Vijender Gupta told the Delhi High Court that they have been not able to settle the dispute between them related to a defamation case. Senior advocate Aman Lekhi, appearing for BJP leader Mr Gupta, and Dikshit's advocate Mahmood Pracha told justice Kailash Gambhir that both the parties, despite their best efforts could, not reach to a settlement, so the matter should be listed for arguments. The court fixed February 19 for arguments. The court had earlier asked both the leaders to settle their dispute amicably and responsibly, in a defamation suit against the BJP leader for allegedly making unsavoury remarks against her. Dikshit had filed a suit against Mr Gupta after he refused to tender a 'public apology' for setting up hoardings across the city accusing her government of openly looting thousands of crores of rupees for fixing new power tariff for the city. The petition, filed by the Chief Minister, had stated that the BJP, under the leadership of Gupta, tried to defame her in public by putting up hoardings across the city accusing her government of corruption in fixing of new power tariff in connivance with private power distribution companies. However, Gupta's counsel Lekhi had earlier told the court that the action by their client was not intended to malign any individual but was directed against the government which is fair criticism in a democracy. Dikshit had demanded a token Rs 1 as a compensation for the damage caused to her reputation by Gupta. The hoardings were put up in June 2010. They had claimed that the Delhi Electricity Regulatory Commission (DERC) was going to recommend reduction in power tariff, but the Chief Minister interfered in it. 27th Sept Option of auction sale limited to 2G licenses Only: SC The Supreme Court while answering Presidential reference in 2G case said, the option of auction sale to maintain transparency in the disposal of natural resources should be confined only to 2G spectrum licenses. A bench headed by Chief Justice S H Kapadia, who is retiring tomorrow, also noted that in the disposal of other natural resources the government can frame its own policy keeping in view the national interest. The government made the Presidential reference under Art 143 after the apex court cancelled all 122 2G licenses issued by former Telecom Minister A Raja in January 2008. According to CAG report, the nation was put to a heavy loss of Rs 1.76 lakh crore when the government bungled in allocation of 2G licenses. 29th Sept SC: Karnataka either to release water for TN or face consequences The Supreme Court pulled up the Karnataka Government for flouting the orders of Cauvery Water Regulatory Authority headed by Prime Minister Manmohan Singh to release 9,000 cusecs of water to Tamil Nadu. A bench comprising Justices D K Jain and Madan B Lokur warned the Karnataka Government that if it failed to comply with the orders of an authority headed by the head of the Central government, they have to pass the order. The apex court granted a week's time to comply with the directions of the regulatory authority saying ' We are sorry to note that this is the regard you have shown to the Prime Minister of the country'. The Tamil Nadu government had filed an application seeking directions to Karnataka to release Cauvery river waters to them. 30th Sept SC grants 3 months to Haryana speaker to decide fate of Bishnoi MLAs The Supreme Court granted three months' time to the Haryana Assembly Speaker to decide the status of five MLAs belonging to the party of Kuldeep Bishnoi, the son of former Haryana Chief Minister Bhajan Lal, who had defected to Congress party. The Haryana Assembly Speaker has challenged the decision of Punjab and Haryana High Court holding that five MLAs will remain unattached without voting rights. According to the Speaker, the High Court committed an error by entertaining the petition of Mr Kuldeep Bishnoi, Member of Lok Sabha from Hissar, when the matter was pending before him. A bench comprising Justices Altamas Kabir and J Chelameshwar today quashed the order of Punjab and Haryana High Court and directed the assembly Speaker to decide the fate of five MLAs. Mr Bhupinder Singh Hooda, Chief Minister of Haryana, cobbled up the working majority in the Assembly with the help of these five MLAs and some independents. 1st Oct SC declines petitions against Comptroller and Auditor General The Supreme Court today refused to entertain a petition challenging the power of Comptroller and Auditor General (CAG) to comment on the functioning of various government departments. A bench comprising Justices R M Lodha and Anil R Dave told the petitioner, Arvind Gupta that 'CAG is not a munim ji. It is not the job of CAG just to prepare government accounts and balance sheets. CAG must take into account efficiency, economy, and governance. It is for the Parliament to take a call on the functioning of CAG and not for this court.' Mr Gupta has quoted the reports of CAG giving the estimates of the loss suffered by the nation in 2G and Coalgate scandals. He has contended that the CAG has exceeded its powers by giving such conclusions. The highest court, however, disagreed with the petitioner saying that CAG is a constitutional body and dismissed the petition. 3rd Oct SC directs centre, states to provide basic amenities in all schools The Supreme Court today directed the Centre and all states to ensure basic facilities of drinking water, toilets and electricity in all schools of the country within the next six months. A bench comprising Justices K S Radhakrishnan and Dipak Misra issued the directions on a public interest litigation (PIL), which contended that most of the schools in far flung areas were being run without basic facilities. Some of them functioned in tents or even out in the open without a roof. Expressing concern over the plight of children studying in government schools, who belong to weaker sections of society, the Supreme Court directed all states to file a compliance report within six months. | | | |  | |
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