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lawsphere · 3 years
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The death of Coronavirus patients due to non supplying of oxygen is a "criminal act & not less than a "genocide", said that the High Court of Allahabad on Tuesday amid reports of shortage of medical oxygen due to rise in COVID-19 infections. "We are at pain in observing that death of Covid patients just for non supplying of oxygen to the hospitals is a criminal act & not less than a genocide by those who have been entrusted the task to ensure continuous procurement & supply chain of the liquid medical oxygen," read the order by a bench of Justice Ajit Kumar & Justice Siddhartha Varma. The HC observed that stories of hoarding of oxygen cylinders & harassment meted out to those poor citizens who were begging for an oxygen cylinder to save the life of their near & dear ones, both at the end of district administration & police administration are being viralled in social media. It pointed out that "The news was also viralled that five patients had died in ICU of a new trauma centre of Medical College, Meerut on Sunday last. Similarly, news were also being viralled that one Sun Hospital, Gomti Nagar, Lucknow & another private hospital at Meerut had taken their hands off the admitted Covid patients only for the reason that oxygen supply was not made even after demand. We find these news items showing a quite contrary picture to one claimed by the Government that there was sufficient supply of oxygen". The HC further said that the current state of affairs about the management of an online portal created by the Govt today casts a shadow upon COVID-19 Hospital Management. As per the union health minister, there are currently 2,85,832 active cases in Uttar Pradesh. A total of 10,43,134 recoveries & 13,447 deaths have been reported in the state so far. Follow us for more legal updates. . . . . . #lawstudents #legalnews #caselaws #constitution #constitutionofindia #lawschool #livelaw #clat2021 #legalmaxims #law #lawstudent #lawsphere #barandbench #supremecourt #clat #lawexams #legal #nationallawuniversity #lawctopus #judiciary #indianjudiciary #highcourt #lawyers #supremecourt #barcouncilofindia #court #virtualcourt #physicalcourt #virtualcourtroom #advocates #advocate https://www.instagram.com/p/COfRUVPJyRi/?igshid=7ihjau5svf4r
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lawsphere · 3 years
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The High Court of Karnataka said the Chamarajanagar tragedy, where 24 patients died due to oxygen shortage, is a fit case for an enquiry by a retired HC Judge. The Bench said that “Prima facie, we are of the view that considering the seriousness of the incident, this is a fit case where an enquiry will have to be conducted by a retired judge of this court. Similar incidents are happening in other districts as well. We propose to hear the Advocate General on this issue". Earlier, the AG submitted that the State Govt has taken the issue seriously & senior IAS officer Shivayogi Kalasad has been deputed to the spot & asked to submit a preliminary report. The AG said the report is expected to be filed by Wednesday evening or Thursday morning. He also said that a web portal has been set up wherein hospital authorities place their orders. Subsequently, equitable & fair distribution of oxygen is done. Meanwhile, the Lawyers for the petitioners pointed out that deaths occurred due to lack of oxygen supply in Kalaburagi. A counsel said that at least ten hospitals in Bengaluru tried to reach out to the State Govt on Twitter about shortage. Another counsel said there is a shortage of oxygen supply in Kolar district as well. The bench sought to know the existing guidelines for the allocation of oxygen to hospitals in cities/districts. "The state government will have to clarify the mechanism applicable to those districts like Chamarajanagar where there are no bottling plants & cylinders will have to be brought from adjacent districts," the bench said. The Court said whether a buffer quota can be maintained at district centres which can be used for emergencies. Follow us for more legal updates. . . . . . #lawstudents #legalnews #caselaws #constitution #constitutionofindia #lawschool #livelaw #clat2021 #legalmaxims #law #lawstudent #lawsphere #barandbench #supremecourt #clat #lawexams #legal #nationallawuniversity #lawctopus #judiciary #indianjudiciary #highcourt #lawyers #supremecourt #barcouncilofindia #karnatakahighcourt #virtualcourt https://www.instagram.com/p/COfQgTjJo5c/?igshid=6gzdeo5nvxyv
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lawsphere · 3 years
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The Supreme Court today has granted interim bail to a man for 3 months who was convicted under Section 304B IPC (Dowry death), beaten his wife to death for bringing insufficient dowry. Today, the matter was listed before the bench of Justice Sanjay Kishan Kaul and Justice Hemant Gupta while hearing an interim bail application of the appellant no.2/Parvinder Singh husband of deceased, the Court has granted interim bail to him for 3 months subject to condition that on the expiry of period, he shall surrender to Jail Authorities. The Court has further directed the appellant No.2/ Parvinder Singh to report to the local police station at 10.00 AM on every alternative Monday from the date of the release. During the hearing today Learned Senior Counsel K.T.S. Tulsi , appearing for appellant no 2, contended that in view of period of sentence undergone, this hon’ble bench may hear regular bail also and further apprised court by showing the medical documents before the court that appellant has to undergo cardio surgery, the report suggest that cardio surgery can only be done by cardiologists. Justice Sanjay Kishan Kaul observed that it is a case of reversal and the appellant has undergone his period of sentence of 6 years out of 10 years awarded to him. Meanwhile, respondent -2 appeared on behalf of parents of victim. The counsel of the respondent no.2 opposed the bail application by stating that post mortem report reveals the cause of death was due to strangulation, the appellant has only filed the doctor prescription. The second wife of Parvinder Singh filed divorce against him, it was also argued that cross appeal of respondent no.2 is also pending for enhancement of sentence. There is no change in circumstances. The apex court vide order dated 14.12.2020 enlarged appellant no.1 on bail on the grounds that second daughter in law of appellant no.1 abandoned his grandchildren. #legal #legalcourtesan #supremecourt #dowrydeath #legalstudies #legallife #lawschool #lawstudents #barcouncilofindia #barandbench #livelaw #lawyers #clat2021 #clat #blat #ailet #nlu https://www.instagram.com/p/COfFGDgpImW/?igshid=hryj5yg91ody
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lawsphere · 3 years
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The Supreme Court will pronounce its judgment in the petitions challenging the Maharashtra Socially and Educationally Backward Classes Act, 2018 (SEBC Act) on May 5 2021. The five-Judge Constitution bench of Justice Ashok Bhushan, Justice L. Nageswara Rao, Justice S. Abdul Nazeer, Justice Hemant Gupta, and Justice S. Ravindra Bhat will pronounce the verdict on numerous pleas filed against the Bombay High Court order upholding the Maharashtra SEBC act whereby an extended 16 percent reservations for Marathas in jobs and education under SEBC was reserved beyond the ceiling limit of 50% reservation in extraordinary circumstances justified by quantifiable data. Follow us for more legal updates. . . . . . #lawstudents #legalnews #caselaws #constitution #constitutionofindia #lawschool #livelaw #clat2021 #scheduled #law #lawstudent #lawsphere #barandbench #supremecourt #clat #lawexams #legal #nationallawuniversity #lawctopus #judiciary #indianjudiciary #highcourt #lawyers #supremecourt #barcouncilofindia #court #virtualcourt #physicalcourt #virtualcourtroom #advocates #maharashtra https://www.instagram.com/p/COetQFwJS5m/?igshid=cusvdw8ljro4
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lawsphere · 3 years
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The Rajasthan High Court has issued a circular stating that its Jodhpur and Jaipur benches shall continue to function virtually till May 17 in view of the sudden surge in Covid-19 cases in the state The HC notification comes in the wake of the State Government;s restriction on various activities including closure of work places, commercial establishments and markets from May 4 to May 17. The notification states that, in view of the order of state government and considering the persisting situation, the Rajasthan High Court at Jodhpur and Jaipur bench will continue to hear in virtual mode until May 17. The notification clarifies that personal presence of accused persons in Appeals/Revision shall stand exempted till May 17. Similarly, the Subordinate courts/Special courts/Tribunals in the Rajasthan state would also continue to function from May 4 to May 17 in virtual mode. The notification read, “All other directions issued vide Notification dated 19.04.2021 which were specifically applicable only till 03.05.2021, shall continue up to17.05.2021.” Further, as per directions of the Supreme Court issued vide order dated 27 April 2021 passed in Miscellaneous Application in RE COGNIZANCE FOR EXTENSION OF LIMITATION, the period of limitation for all judicial and quasi-judicial proceedings shall stand extended till further orders. Follow us for more legal updates. . . . . . #lawstudents #legalnews #caselaws #constitution #constitutionofindia #lawschool #livelaw #clat2021 #legalmaxims #law #lawstudent #lawsphere #barandbench #supremecourt #clat #lawexams #legal #nationallawuniversity #lawctopus #judiciary #indianjudiciary #highcourt #lawyers #supremecourt #barcouncilofindia #court #virtualcourt #physicalcourt #virtualcourtroom #advocates #rajasthanhighcourt https://www.instagram.com/p/COeiCaQpFg3/?igshid=1wtif15otnd0j
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lawsphere · 3 years
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The Delhi High Court bench which is hearing petitions on the shortage of beds, drugs and oxygen supply amid the Covid pandemic, was told some other truths. • The first was that there could be an increase in number of beds available, but if this is done, without a corresponding increase in oxygen availability, it would bring down the entire system. • The other issue that came up before the bench of Justices Vipin Sanghi and Rekha Palli was that while the entire country was striving to get life-saving medicines such as Remdesivir and others, there was actually another looming shortage of regular paracetamol, an essential in treating coronavirus. On the oxygen issue, Senior Counsel Rahul Mehra, appearing for the Delhi government, explained the pressure. He said, “If these new facilities, as discussed, are started and then there is no oxygen available for them, when they send an SoS, the entire system will collapse." Aseem Chaturvedi said, “The problem, my lord, is there are so many cases where Crocin is prescribed and local chemist is saying I don’t have Crocin, but they are not saying that they have an alternative.” Follow us for more legal updates. . . . . . #lawstudents #legalnews #caselaws #constitution #constitutionofindia #lawschool #livelaw #clat2021 #legalmaxims #law #lawstudent #lawsphere #barandbench #supremecourt #clat #lawexams #legal #nationallawuniversity #lawctopus #judiciary #indianjudiciary #highcourt #lawyers #supremecourt #barcouncilofindia #court #virtualcourt #physicalcourt #virtualcourtroom #advocates #delhihighcourt https://www.instagram.com/p/COdRNUYJDAY/?igshid=b3eyr3vlwauq
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lawsphere · 3 years
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Andhra Pradesh HC grants anticipatory bail to former state intelligence chief Venkateswara Rao. The Anti-Corruption Bureau department has registered a case against Rao in connection with the alleged irregularities over the procurement of defence equipment. A Petition was filed in the High Court to stop the government from arresting him. The court granted anticipatory bail. AB Venkateswara Rao, former chief of Andhra Pradesh Intelligence and senior IPS officer, has been suspended and the particular issue was pending in the Apex Court. He filed a petition challenging the extension of the suspension for more than a year. The apex court has questioned whether suspension was the only option in the case or whether he could be posted elsewhere and opined that it would be better to take action after the allegations have been substantiated as it does not make sense to impose a suspension on an accused. In the Supreme Court, Advocate Adinarayana Rao appeared on behalf of AB Venkateswara Rao and Senior advocate Chandra Uday Singh on behalf of the Andhra Pradesh government. Follow us for more legal updates. . . . . . #lawstudents #legalnews #caselaws #constitution #constitutionofindia #lawschool #livelaw #clat2021 #legalmaxims #law #lawstudent #lawsphere #barandbench #supremecourt #clat #lawexams #legal #nationallawuniversity #lawctopus #judiciary #indianjudiciary #highcourt #lawyers #supremecourt #barcouncilofindia #court #virtualcourt #physicalcourt #virtualcourtroom #advocates #andhrapradeshhighcourt https://www.instagram.com/p/COc_ZnPpeQJ/?igshid=11hwg72582l6g
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lawsphere · 3 years
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The Bar Council of Punjab and Haryana through a press release on May 02, said that it will take some steps with regard to the functioning of the courts and safety of Advocates in the states of Punjab, Haryana and Chandigarh. In a emergent meeting held on April 30, the Council observed that due to semi-functional courts, the advocates are finding it difficult to support their families and that if any suspension/lockdown was imposed on Court working again, it would be extremely difficult to regain the lost ground and restart functionality. The Council thus resolved to immediately write to the Chief Justice apprising him of the current situation and request him to take appropriate steps to safeguard the health and safety of all advocates and their families. It was further resolved that for at least for 15 days physical hearing of the case should be avoided and only most urgent cases be heard to break the transmission of Covid-19. It was resolved to request the Election Tribunal to consider the prevailing circumstances of pandemic and keep their order in abeyance of holding elections in the Bar, till the time the situation improves. In the press release it was further mentioned that Council has resolved to impress upon the respective governments of Punjab, Haryana, and U.T. Chandigarh to allocate Rs. 100 Crores to Bar Council of Punjab and Haryana, to provide financial help to the needy Advocates.It was resolved to write to respective State Governments for release of 50 crores each to Bar Council of Punjab & Haryana. It was further, requested to the Advocate General of Punjab ,Atul Nanda, to immediately release one crore from Trustee Committee (Punjab) as Covid Fund as given by Haryana. Moreover , the Council will start a 24*7 helpline to provide ready coordination and logistics support to all advocates and their families in Covid Epidemic. Follow us for more legal updates. . . . . . #lawstudents #legalnews #caselaws #constitution #constitutionofindia #lawschool #livelaw #clat2021 #legalmaxims #law #lawstudent #lawsphere #barandbench #supremecourt #clat #lawexams #legal #nationallawuniversity #lawctopus #judiciary #indianjudiciary #highcourt #lawyers #supremecourt https://www.instagram.com/p/COc-WbgJwiy/?igshid=d4ku00i2c9mu
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lawsphere · 3 years
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The Madras High Court has recently granted bail to a man accused of rape and cheating after it was submitted that the complainant and the accused were ready to marry each other. A single-judge bench of Justice M. Dhandapani passed this order while hearing the petition filed by S. Ramprasad, who was arrested on February 25, 2021 and remanded to judicial custody for the offences under Sections 417 and 376 of IPC. The petition said that the case of the prosecution is that the petitioner committed sexual assault on the victim girl and thereby she became pregnant. Subsequently, the petitioner is refusing to marry the victim girl. Based on the complaint given by the mother of the victim girl, the case came to be registered. The counsel for the petitioner submitted that the petitioner and the victim girl loved each other and now the petitioner was ready to marry her. Therefore, he prayed that the petitioner be granted bail. M. Prabhavathi, Additional Public Prosecutor, submitted that the petitioner committed sexual assault on the victim girl and thereby she became pregnant and the petitioner refused to marry her. The State submitted that the bail applicant and the girl were ready to marry each other and that their parents have arranged for the marriage. In this backdrop, the bench proceeded to grant bail in the case observing,“Taking into consideration the fact that.. the Petitioner is ready to marry the victim girl and also considering the period of incarceration suffered by the Petitioner, this Court is inclined to grant bail to the Petitioner..” The Court is inclined to grant bail to the Petitioner subject to certain conditions. Follow us for more legal updates. . . . . . #lawstudents #legalnews #caselaws #constitution #constitutionofindia #lawschool #livelaw #clat2021 #legalmaxims #law #lawstudent #lawsphere #barandbench #supremecourt #clat #lawexams #legal #nationallawuniversity #lawctopus #judiciary #indianjudiciary #highcourt #lawyers #supremecourt #barcouncilofindia #court #virtualcourt #physicalcourt #virtualcourtroom #advocates #madrashighcourt https://www.instagram.com/p/COcOZUOpjWR/?igshid=1xzkcj9h4i2i9
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lawsphere · 3 years
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A divisional bench of Justice S. Abdul Nazeer and Justice Aniruddha Bose has sought the Centre’s response while tagging the matter with the other similarly paced matter pending before the Apex Court. The petition has been filed by employees of Standard Chartered Bank who left the said bank in 2020 and 2014 respectively alleging that the Special Court under Prevention Of Money Laundering Act,2002 cannot try offences triable by Courts designated under the Code of Criminal Procedure. The plea stated that after nine months from the date of their resignation a complaint was filed by Hassad to lodge an FIR under section 420 read with 120B Of the Indian Penal Code against the Petitioners and others, alleging that the petitioners has induced him to purchase shares held by SCPE in company. It has been alleged by the Petitioner that Section 44 (1) (a) deprives a person accused only of the scheduled offences, but not under Section 4 of the Prevention Of Money Laundering Act, 2002 of the following :- The right to be tried by a Magistrate – First Class in accordance with the procedure established by law and enacted by Parliament i.e. the Criminal Procedure Code, 1973. The right of a First Appeal to the Sessions Court from the final judgment of the Magistrate u/s 374(3). The right of Revision to the High Court u/s 401 Cr. P.C, from an appellate judgment of the Sessions Court u/s 374(3). Accordingly, an accused pcrson’s right under Article 21 of the Constitution is violated by Section 44(1)(a) of Prevention Of Money Laundering Act, 2002 The non-obstante clause in Section 44(1)(a) of the Act does not override the provisions in various special statutes pertaining to the exclusive power of special judges/special courts to try offences under those statutes. Follow us for more legal updates. . . . . . #lawstudents #legalnews #caselaws #constitution #constitutionofindia #lawschool #livelaw #clat2021 #legalmaxims #law #lawstudent #lawsphere #barandbench #supremecourt #clat #lawexams #legal #nationallawuniversity #lawctopus #judiciary #indianjudiciary #highcourt #lawyers #supremecourt #barcouncilofindia #court #virtualcourt #physicalcourt #petition #advocates #crpc https://www.instagram.com/p/COaTObLJYpj/?igshid=87723k7lnxmj
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lawsphere · 3 years
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A bench of Justices Vipin Sanghi and Rekha Palli were hearing a Suo motu plea regarding the shortage of beds, drugs and oxygen supply, amid the Covid-19 pandemic. Several other petitions have been filed on the issue by various hospitals and individuals. Amicus Curiae and Senior Advocate Rajshekhar Rao said, “It’s beyond my understanding why the Delhi government is hesitating in taking help from the Army, Navy and the Air Force in this hour of crisis. “Certainly, our Army can provide better alternatives to provide oxygen. In such a situation, instead of saying that beds without oxygen are useless, the government should consider taking the help of the Army in supplying oxygen to the patients,” he added. Advocate Rahul Mehra, representing the Delhi government, informed the court that it was considering the issue at a higher level. To this, the Court bluntly said, “Why is there a need for consideration? The government can directly talk to the Army over this. Follow us for more legal updates. . . . . . #lawstudents #legalnews #caselaws #constitution #constitutionofindia #lawschool #livelaw #clat2021 #legalmaxims #law #lawstudent #lawsphere #barandbench #supremecourt #clat #lawexams #legal #nationallawuniversity #lawctopus #judiciary #indianjudiciary #highcourt #lawyers #supremecourt #barcouncilofindia #court #virtualcourt #physicalcourt #virtualcourtroom #advocates #advocateonrecord https://www.instagram.com/p/COW-hfWp2KL/?igshid=ectuf6ky54bg
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lawsphere · 3 years
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Founder of Isha Foundation and Spiritual leader, Sadhguru Jaggi Vasudev has filed a Public Interest Litigation at the  Madras High Court  seeking direction to be issued to conduct an external audit of the temples in Tamil Nadu. In the PIL it was sought for the constitution of a commission to examine devolution of shrines to the community and the formation of a committee which would manage temples, its rituals and practices and to examine devolution of the temples to the community. Sadhguru has further sought the audit of 44,000 temples in the state under Human Resources and Civil Engineering department to ascertain the condition of all their structures, associated lands and immovable assets, status of possession and occupation of the temple properties, the rents received and the dues, among others. Isha Foundation’s move to the Madras HC came after spiritual leader Sadhguru repeated requests to the government on conducting audit of temples in the state were not heard. Sadhguru’s ‘Free Tamil Nadu Temples’ campaign was started after the state government presented a report in the  Madras High Court on the sorry state of the temples of the state. Through this campaign, Sadhguru intends to put forward his views of liberating the temples of Tamil Nadu from the government so they can be run independently while having periodic external audits over the functioning of the temples. #law #currentaffairs #lawstudent #legalnews #lawlife #supremecourt #tamilnadu #sadhguru #clat2021 #ailet2021 #blat2021 #lawschool #lawyers #advocates #lawnews #lawstudentlife #constitution #publicinterestlitigation https://www.instagram.com/p/COW95JBpi3T/?igshid=gq6ddy1z4zrq
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