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LAW AND CONSTITUTIONAL AFFAIRS - June 2022

Jun 2022

Oct 30, 2022

Delhi HC Sends Notice to LG on Delhi School Tribunal Head Appointment PIL

  • The Delhi High Court issued notice on a Public Interest Litigation (PIL) seeking direction to authorities for the appointment of Presiding Officers of the Delhi School Tribunal with an additional charge of Appellate Authority in a time bound manner.
  • The posts have been lying vacant since June 2022.
  • The bench, comprising Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad, issued notice to Lieutenant Governor (LG), Delhi Government, Education Secretary and Transport Commissioner on the PIL moved by Advocate Mohit Mudgal.
  • The bench directed the respondents to file their replies within four weeks. The matter has been listed on February 2, 2023.

Oct 27, 2022

Rajasthan High Court Disposes of PIL Alleging Usurping of Land Belonging to Gram Panchayat Manaklao

  • The Rajasthan High Court has dismissed a PIL assailing the action of the respondent authorities in usurping the land of Gram Panchayat Manaklao for the purpose of construction of National Highway without awarding appropriate compensation to the Gram Panchayat.
  • Petitioner Baldev Ram, claiming himself to be the ex-Sarpanch of Gram Panchayat Manaklao, had contended that a significant chunk of land of the Gram Panchayat, which carried a Shamshan Ghat and Talab, besides other things, has been usurped for the purpose of construction of a ring road/highway and no compensation has ever been paid to the Panchayat.
  • Countering the submissions of the petitioner, a pertinent reply was filed by the respondents that the land for the purpose of construction of highway was procured by proper acquisition.
  • Furthermore, the parts of Khasra were Government land and thus, no notices were required for the purpose of using such land to construct the highway.
  • In this view of the matter, the Jaipur Division Bench of Justice Sandeep Mehta and Justice Kuldeep Mathur opined that no public interest was involved in the petition and disposed it off.

Oct 26, 2022

Fee Regulation in Private Medical Colleges: Supreme Court Issues Notice on NMC's Transfer Plea

  • The Supreme Court has issued notice on a petition filed by the National Medical Commission (NMC), seeking transfer of all petitions to either the Supreme Court or any one High Court, challenging the validity of its decision to stipulate the fee of 50 per cent seats in Private Medical Colleges and Deemed Universities at par with the fee of Government Medical Colleges in the respective States and Union Territories.
  • The Bench of Justice D.Y. Chandrachud and Justice Hima Kohli passed the order on October 21, noting that the transfer plea, the main petition and the connected matters were to be listed before the Bench on November 4.
  • On the last date of hearing, Justice Chandrachud had suggested Advocate Gaurav Sharma, appearing on behalf of NMC, to file a transfer petition so that the Apex Court could transfer all the matters in this regard to either itself or consolidate them and send to the Delhi High Court or any other High Court for disposal.
  • The NMC then filed the transfer petition, on which the notice was issued.

Oct 23, 2022

Supreme Court Comes Down Heavily upon Environmentalist seeking the Post of President

  • The Supreme Court came down upon an environmentalist who filed a petition seeking for appointment as the post of President of India by removing the current President Droupadi Murmu from her post.
  • A bench of Justices D.Y. Chandrachud and Justice Hima Kohli took a strong view of the plea and called it scurrilous and an abuse of the process of the court.
  • The Bench questioned as to what kind of scurrilous petitions are these? It also questioned as to how is this (filed under) Article 32 of the Constitution.
  • The bench has also directed the court registry for not entertaining such petitions in future.
  • The petitioner in his plea has alleged that he was not allowed to contest the recent Presidential polls.

Oct 22, 2022

PMLA: Supreme Court Dismisses Petition for Reconsidering Verdict

  • The Supreme Court of India dismissed the petition for reconsideration of the July 27 verdict of upholding the validity of provisions of the Prevention of Money Laundering Act.
  • A bench comprising the Chief Justice of India (CJI) U.U. Lalit and Justice Bela M. Trivedi dismissed the plea that challenged the Constitutional validity of Section 37 of the Act which stipulates the power of the Chairperson to transfer cases.
  • The CJI while speaking on the plea said it is misconceived. He further added that as soon as you have a problem with a provision you assail the act. It is not as if you face a trial. It is only a prima facie case.
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