General Awareness

LAW AND CONSTITUTIONAL AFFAIRS - October 2022

Oct 2022

Dec 27, 2022

Allahabad High Court Directs Uttar Pradesh Government to Hold Municipal Elections without OBC Res...

The Allahabad High Court, while observing that Uttar Pradesh was yet to fulfil the Triple Test Formality, as laid down by the Supreme Court, directed the state government to conduct the Municipal Elections without OBC reservation.
The Division Bench of Justice Devendra Kumar Upadhyaya and Justice Saurabh Lavania passed this judgement on the bunch of petitions raising alleged grievance arising out of a notification dated 05.12.2022 issued by the State Government in the Department of Urban Development which is a draft order in terms of section 9-A (5)(3) of Uttar Pradesh Municipalities Act, 1916, inviting objections to the proposed determination of number of offices of the Chairpersons of different Municipal Bodies to be reserved for the Scheduled Castes, the Scheduled Tribes, Backward Classes and Women.
Challenge, however, is confined to the proposed determination for providing reservation to the Backward Class of citizens in respect of seats and offices of Chairpersons of these bodies.

Dec 26, 2022

Qutub Minar Ownership Rights: Saket Court Rejects Review Petition

A local court in the national capital rejected a review petition (IA) claiming ownership rights over the Qutub Minar complex, while posting the application seeking worship rights for Hindus and Jains inside the complex to January 27 for hearing.
The Saket Court had earlier disposed of a plea filed by Kunwar Mahendra Dhawaj Prasad Singh, claiming the ownership of the Qutub Minar complex. He then again filed a review petition, which also got rejected today.
Claiming himself to be an heir of the United Provinces of Agra, Kunwar Mahendra said that the property of Qutub Minar, including the minaret and the Quwwat-ul-Islam Mosque, should be given to him, since it belonged to him.

Dec 24, 2022

Allahabad High Court Directs Registrar General to Identify Unruly Advocates

The Allahabad High Court directed the Registrar General to conduct a discreet inquiry and submit a report identifying the unruly advocates.
The Division Bench of Justice Suneet Kumar and Justice Syed Waiz Mian dismissed a petition filed by a practising advocate seeking the transfer of a case on the ground of an unfair investigation being conducted by the police.
Additional General Advocate, at the outset makes a statement before the High Court that the relief claimed by the petitioner with regard to transfer of the investigation, the Commissioner of Police, has transferred the investigation to the Crime Branch. He further submitted that on the allegations made by the petitioner with regard to the unfair investigation, an inquiry has been set up on the administrative side on the alleged conduct of the police officials.

Dec 23, 2022

CJI Constitutes Committee to Conduct Accessibility Audit of SC Premises

In a bid to remove the barriers to access, Chief Justice of India D. Y. Chandrachud constituted a committee headed by apex court judge Justice S. Ravindra Bhat to conduct an audit of "physical and functional access" of the top court premises to make them disabled friendly.
The 'Supreme Court Committee on Accessibility' was given a broad mandate to prepare and release a questionnaire for persons with disabilities, including the apex court employees, advocates, litigants and interns, who visit the top court premises to assess the nature and extent of problems they face.
According to a notice uploaded on the apex court website, the committee will prepare a report on the accessibility audit, result of the survey of persons with disability and recommendations/proposals geared towards removing the barriers to access.

Dec 22, 2022

Delhi High Court Dismisses Plea Challenging Constitutional Validity of Rule 9(2) of the Delhi Hig...

The Delhi High Court dismissed a plea that challenges constitutional validity of the recently amended Rule 9(2) of the Delhi Higher Judiciary Services Rules, 1970 (the Rules).
The bench comprising of Justice Vibhu Bakhru and Justice Purushaindra Kumar Kaurav rejected the plea which was moved saying that they are unable to accept that Rule 9(2), as set out above, falls foul of Article 233 of the Constitution of India.
On the contrary, Rule 9(2) of the Rules is in conformity with the decision in the case of Deepak Aggarwal v. Keshav Kaushik & Ors.
In this case the plea was moved by a lawyer Praveen Garg who argued that Rule 9(2) of the Rules falls foul of Article 233(2) of the Constitution of India as the same does not expressly require a candidate to be in continuous practice of at least 7 years to be eligible to be appointed as a District Judge.

Hemant Gupta Appointed New Delhi International Arbitration Centre Chairman

Former Supreme Court judge Hemant Gupta was appointed as the chairperson of New Delhi International Arbitration Centre (NDIAC), according to a Personnel Ministry order.
The NDIAC has been established for the purpose of creating an independent and autonomous regime for institutionalised arbitration.
The Appointments Committee of the Cabinet has approved the appointment of Justice Hemant Gupta (R) as NDIAC chairperson and that of Ganesh Chandru and Anant Vijay Palli as its part-time members.

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