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Author: ShadesOfKnife

Ashwani Kumar Upadhyaya Vs Union of India and others

Posted on September 11, 2020 by ShadesOfKnife

Advocate Ashwani Kumar Upadhyaya had filed this Writ Petition way back in 2016 (2016-09-06) and still the Supreme Court is working on it.

 

On 2020-03-05:

A 13-column format was finalized to be filled by High Courts, as not many High Courts supplied Amicus with required information. Amicus email id is given wherein the Crime data was to be sent.

Ashwani Kumar Upadhyaya Vs Union of India and others on 05 Mar 2020

On 2020-08-31:

Ashwani Kumar Upadhyaya Vs Union of India and Ors on 31 Aug 2020

 


On 2020-09-10:

Submission of the Amicus Curiae:

Ashwani Kumar Upadhyaya Vs Union of India and others

Order from Court:

Ashwani Kumar Upadhyaya Vs Union of India and others on 10 Sep 2020

On 2020-09-16:

Directions were passed to CJs of High Courts for monitoring and expediting the disposal of the criminal cases.

Ashwani Kumar Upadhyaya Vs Union of India and Ors on 16 Sep 2020

On 2020-10-06:

Supplementary Submission of the Amicus Curiae:

Ashwani Kumar Upadhyaya Vs Union of India and Ors Supp Report

On 2020-11-02:

Supplementary Submission (12th Report) of the Amicus Curiae:

2020-11-02 Ashwani Kumar Upadhyaya Vs Union of India and Ors Report_compressed

On 2020-11-02:

Further directions were passed by the Court

2020-11-04 Ashwani Kumar Upadhyaya Vs Union of India and Ors

On 2021-08-10:

In view of the law laid down by this Court, we deem it appropriate to direct that no prosecution against a sitting or former M.P./M.L.A. shall be withdrawn without the leave of the High Court in the respective suo-motu writ petitions registered in pursuance of our order dated 16.09.2020. The High Courts are requested to examine the withdrawals, whether pending or disposed of since 16.09.2020, in light of guidelines laid down by this Court.

Ashwini Kumar Upadhyay Vs UOI and Anr on 10 Aug 2021

On 2021-08-11:

The table given in previous day order was amended to include new column, ‘Whether Video Conferencing facility is available’.

Ashwini Kumar Upadhyay Vs UOI and Anr on 11 Aug 2021

On 2021-08-25:

This is the 14th Status Report by Amicus Curiae:

2021-08-24 14th-amicus-report-filed-on-24082021

Here is the Order passed.

Ashwini Kumar Upadhyay Vs UOI and Anr on 25 Aug 2021
Posted in Supreme Court of India Judgment or Order or Notification | Tagged Ashwini Kumar Upadhyay Vs Union of India and Ors Landmark Case Public Interest Litigation | Leave a comment

Karanam Srinivasulu Vs State of AP on 1 September 2020

Posted on September 10, 2020 by ShadesOfKnife

High Court ordered the Government to implement G.O.No.411 in letter and spirit and the action of the State in registering the crime on the ground that the alcohol is brought into Andhra Pradesh from the neighboring State is held to be bad in law. Per G.O.No.426, 6 bottles of Beer was reduced to 3 bottles.

Karanam Srinivasulu Vs State of AP on 1 September 2020

G.O.Ms.No.411 dt: 2019-09-24

2019-09-24 2019REV_MS411 Andhra Pradesh Excise Act, 1968 - Maximum quantity of intoxicants that a person can possess without permit or licence

G.O.Ms.No.426 dt: 2019-10-11

2019-10-11 2019REV_MS426 Andhra Pradesh Excise Act, 1968 – Maximum number of Beer bottles that a person can possess without permit or licence

A complete indexed and mess-wise segregated collection of reprimands received by this incumbent State Government of YCP are here.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Catena of Landmark Judgments Referred/Cited to Karanam Srinivasulu Vs State of AP Reprimands or Setbacks to YCP Govt of Andhra Pradesh | Leave a comment

Rajula Sahu Vs Principal Secretary on 8 September 2020

Posted on September 9, 2020 by ShadesOfKnife

AP High Court Ordered the State government to make pension payments and ascertain the eligibility of the petitioners in Gram Sabha after giving opportunity to the petitioners.

Rajula Sahu Vs Principal Secretary on 8 September 2020

A complete indexed and mess-wise segregated collection of reprimands received by this incumbent State Government of YCP are here.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Rajula Sahu Vs Principal Secretary Reprimands or Setbacks to YCP Govt of Andhra Pradesh | Leave a comment

Solomon Raju Manchala Vs Union of India

Posted on September 5, 2020 by ShadesOfKnife

High Court issued notice to UOI on the appointment of N Harinath Reddy as ASG for AP High Court.

Solomon Raju Manchala Vs Union of India on 16 June 2020

A complete indexed and mess-wise segregated collection of reprimands received by this incumbent State Government of YSRC Party are here.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Reprimands or Setbacks to YCP Govt of Andhra Pradesh Solomon Raju Manchala Vs Union of India | Leave a comment

Tata Power Renewable Vs The State of Andhra Pradesh on 24 September 2019

Posted on September 5, 2020 by ShadesOfKnife

Due to holding of payments to Renewable Energy Companies that entered into Power Purchase Agreements with State Government (under leadership of N Chandrababu Naidu) by YCP Government, High Court was petitioned to do Justice.

Tata Power Renewable Vs The State of Andhra Pradesh on 24 September 2019

A complete indexed and mess-wise segregated collection of reprimands received by this incumbent State Government of YSRC Party are here.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Reprimands or Setbacks to YCP Govt of Andhra Pradesh Tata Power Renewable Vs The State of Andhra Pradesh | Leave a comment

MS Bandekar Brothers Pvt Ltd and Anr Vs Prasad Vassudev Keni on 2 September 2020

Posted on September 4, 2020 by ShadesOfKnife

Supreme Court held that for offences under 191 and 192 IPC, procedure under 340 CrPC has to be followed and perjury application for such offences cannot be turned into private complaints under 190 CrPC.

MS Bandekar Brothers Pvt Ltd and Anr Vs Prasad Vassudev Keni on 2 September 2020

Citations: [2020 SCC ONLINE SC 707], [(2020)20 SCC 1]

Other Sources:

https://indiankanoon.org/doc/141105348/

https://www.casemine.com/judgement/in/5f567c183321bc6ce2ef6f51

https://www.advocatekhoj.com/library/judgments/announcement.php?WID=13132

https://www.indianemployees.com/judgments/details/m-s-bandekar-brothers-pvt-ltd-anr-versus-prasad-vassudev-keni-etc-etc


Index of Perjury case laws is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 340 read with CrPC 195 Justice Rohinton Fali Nariman Landmark Case Legal Procedure Explained - Interpretation of Statutes MS Bandekar Brothers Pvt Ltd and Anr Vs Prasad Vassudev Keni Perjury Under Section 340 CrPC | Leave a comment

State of Karnataka Vs Common Cause and Ors on 18 March 2016

Posted on September 3, 2020 by ShadesOfKnife

Many State Governments filed Review Petition and got SC to allow them (Central Ministers in lieu of Prime Minister, State Ministers in lieu of Chief Minister) to feature in Government-funded Advertisements.

State of Karnataka Vs Common Cause and Ors on 18 March 2016

Citations:

Other Sources:

https://indiankanoon.org/doc/127552520/


Earlier Judgment here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Article 142 - Enforcement of decrees and orders of Supreme Court and orders as to discovery etc PIL - Photos of Politicians in Government Advertising Review Petition at Supreme Court State of Karnataka Vs Common Cause and Ors | Leave a comment

Kilaru Naga Sravan Vs State of Andhra Pradesh

Posted on September 3, 2020 by ShadesOfKnife
Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Kilaru Naga Sravan Vs State of Andhra Pradesh State functionaries' Photographs in Govt Advertisements | Leave a comment

Common Cause Vs Union of India on 13 May 2015

Posted on September 3, 2020 by ShadesOfKnife

Supreme Court deprecated the practice of using the photographs of politicians on Government Advertisements.

(1) publication of photographs of the Government functionaries and political leaders along with the advertisement(s).
(2) appointment of an Ombudsman
(3) the recommendation with regard to performance audit by each Ministry.
(4) embargo on advertisements on the eve of the elections.

Common Cause Vs Union of India on 13 May 2015

Citations: [2015 ABR 4 219], [2015 SCC 7 1], [2015 SCC ONLINE SC 479], [2015 KERLT 2 739], [2015 KLT 2 739]

Other Sources:

https://indiankanoon.org/doc/177370809/

https://www.casemine.com/judgement/in/5790b298e561097e45a4e2fd


State Governments filed Review Petition and got SC to allow them (Central Ministers in lieu of Prime Minister, State Ministers in lieu of Chief Minister) to feature in Advertisements here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Article 142 - Enforcement of decrees and orders of Supreme Court and orders as to discovery etc Common Cause Vs Union of India Landmark Case PIL - Photos of Politicians in Government Advertising State functionaries' Photographs in Govt Advertisements | Leave a comment

P.Surendran Vs State of Tamil Nadu on 29 March 2019

Posted on August 31, 2020 by ShadesOfKnife

Supreme Court very clearly said a staff on Administration on Justice, such as Registry Staff can not exercise Judicial functions.

From Paras 9 and 10,

9. The nature of judicial function is well settled under our legal system. Judicial function is the duty to act judicially, which invests with that character. The distinguishing factor which separates administrative and judicial function is the duty and authority to act judicially. Judicial function may thus be defined as the process of considering the proposal, opposition and then arriving at a decision upon the same on consideration of facts and circumstances according to the rules of reason and justice. A Constitution Bench of five judges in Jaswant Sugar Mills Ltd., Meerut vs. Lakshmichand and Ors., AIR 1963 SC 677, formulated the following criteria to ascertain whether a decision or or an act is judicial function or not, in the following manner

(1) it is in substance a determination upon investigation of a question by the application of objective standards to facts found in the light of preexisting legal rule;
(2) it declares rights or imposes upon parties obligations affecting their civil rights; and
(3) that the investigation is subject to certain procedural attributes contemplating an opportunity of presenting its case to a party, ascertainment of facts by means of evidence if a dispute be on questions of fact, and if the dispute be on question of law on the presentation of legal argument, and a decision resulting in the disposal of the matter on findings based upon those questions of law and fact.
                                             (emphasis added)
The act of numbering a petition is purely administrative. The objections taken by the Madras High Court Registry on the aspect of maintainability requires judicial application of mind by utilizing appropriate judicial standard. Moreover, the wordings of Section 18A of the SC/ST Act itself indicates
at application of judicial mind. In this context, we accept the statement of the Attorney General, that the determination in this case is a judicial function and the High Court Registry could not have rejected the numbering.

10. Therefore, we hold that the High Court Registry could not have exercised such judicial power to answer the maintainability of the petition, when the same was in the realm of the Court. As the power of judicial function cannot be delegated to the Registry, we cannot sustain the order, rejecting the numbering/registration of the Petition, by the Madras High Court Registry. Accordingly, the Madras High Court Registry is directed to number the petition and place it before an appropriate bench.

P.Surendran Vs State of Tamil Nadu on 29 March 2019

Citations: [2019 (2) Crimes 321], [2019 (2) JLJR 279], [2019 (2) KLJ 955], [2019 (2) PLJR 291], [2019 (2) RCR (Civil) 767], [2019 (2) RCR (Criminal) 767], [2019 (6) Scale 465], [2019 All.M.R.(Cri.) 3493], [(2019) 9 SCC 154], [2019 SCC ONLINE SC 507]

Other Sources:

https://indiankanoon.org/doc/85097973/

https://www.casemine.com/judgement/in/5ca8c17e9eff430a58956741

https://www.vakilno1.com/supreme-court-of-india/high-court-registry-cannot-question-maintainability-of-petition-supreme-court.html

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Judiciary Antics Landmark Case Maintainability Non Application or Exercise of Judicial Mind Numbering of Petition P.Surendran Vs State of Tamil Nadu Reportable Judgement or Order | Leave a comment

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