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Live Law Profile picture
@LiveLawIndia
May 16 • 14 tweets • 10 min read Twitter logo Read on Twitter
#SupremeCourt hears Delhi Govt's plea against LG's decision to appoint ten aldermen in MCD.

Dr AM Singhvi: On 2nd Jan 2023, note is issued, signed by ministry of corporation that LG may nominate. So he straight away says LG will nominate.

#SupremeCourtOfIndia #SupremeCourt Image
Singhvi: Then the file goes to LG and he nominates. This is without aid and advise of assembly...

#SupremeCourtOfIndia #SupremeCourt #DelhiGovtvLG
Singhvi: 163 mirrors this article. See the textual language- then read Shamsher Singh...

#SupremeCourtOfIndia #SupremeCourt #DelhiGovtvLG
Singhvi: Even before your lordships passed the last CB judgement, there was the 2018 judgement. Please see.

#SupremeCourtOfIndia #SupremeCourt #DelhiGovtvLG
Singhvi: There are 12 zones in MCD. They have 12 committees. These 10 he appointed can be nominated anywhere in these 12 ward committees. 6+12 makes standing committees.

#SupremeCourtOfIndia #SupremeCourt #DelhiGovtvLG
Singhvi: Three words they can use- Administrator, LG, aid and advise...last 30 years, since 1993, this is the first time the LG has directly nominated. There have been different governments in centre and delhi but they've all been on aid and advise.

#SupremeCourtOfIndia
CJI DY Chandrachud: Section 41 says that the LG can only act in two areas...this particular act does it give for...

Dr Singhvi: No he doesn't identify.

#SupremeCourtOfIndia #SupremeCourt #DelhiGovtvLG
Singhvi: The counter says something extraordinary, it says that since your lordships have 9A for municipals and panchayats, they can act...

#SupremeCourtOfIndia #SupremeCourt #DelhiGovtvLG
CJI DY Chandrachud: Show us the source of power of LG to nominate the aldermen.

#SupremeCourtOfIndia #SupremeCourt #DelhiGovtvLG
ASG: The concept of aid and advice is different than portrayed...The governance of Delhi under 239AA is not a factor of governance of municipal corporation.

#SupremeCourtOfIndia #SupremeCourt #DelhiGovtvLG
ASG Jain: Municipal corporation is covered under Article 243 or the Constitution...I am only defending LG's power and not on ineligibility of alderman.

#SupremeCourtOfIndia #SupremeCourt #DelhiGovtvLG
ASG Jain: Delhi Municipal Corporation Act is an act of 1957. After part 9a was inserted, there were three amendments. State govt is seperately defined, administrator is differently defined...

#SupremeCourtOfIndia #SupremeCourt #DelhiGovtvLG
CJI: You're saying that administrator here refers to 243R and nominations have to be made by administrator and not on aid and advise.

ASG: Yes, Aid and advice is a concept only relevant in context of 239AA.

#SupremeCourtOfIndia #SupremeCourt #DelhiGovtvLG
CJI DY Chandrachud: We'll read the counter and continue hearing the matter tomorrow.

#SupremeCourtOfIndia #SupremeCourt #DelhiGovtvLG

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More from @LiveLawIndia

Live Law Profile picture
May 17
#SupremeCourt hearing a plea filed by CBI against Karnataka High Court order staying CBI probe against
DK Shivkumar, President of Karnataka Pradesh Congress Committee in a corruption case. Image
Sr Adv AM Singhvi for Shivkumar: The matter is coming up on Tuesday before the High Court. This is an interim order.

Justice Gavai: Then we’ll keep it after that...
ASG SV Raju for CBI: Only issue is that the Supreme Court vacation.

Justice Gavai: Supreme Court is sitting everyday. Two Benches. We will give liberty to approach the vacation Bench.

Singhvi: The Hon’be CJI said that first week there are about 300 cases.
Read 4 tweets
Live Law Profile picture
May 17
Supreme Court to hear petition filed by M Sivasankar, former Principal Secretary to the Chief Minister of Kerala, in the money laundering case in connection with the LIFE Mission corruption case.

#SupremeCourt Image
Sr Adv Jaideep Gupta appears for the petitioner.

Adv for Respondents submit that petitioner refused to undergo surgery.

Adv: More than a year, he did not undertake any treatment. There are concurrent findings on facts against him.
Adv: He was regularly going to office without undergoing treatment.

Gupta: If your Lordships permit, I may be allowed to go to the Special Court on this aspect as the SC is closing.

Bench: Does he have a right to go back to Trial Court or not?
Read 5 tweets
Live Law Profile picture
May 17
#SupremeCourt hears trademark dispute between 'Rooh-Afza' and 'Dil Afza Sharbat'.

Counsel: Dil and Rooh are completely different. The Division bench says that Rooh Afza has immense goodwill...

#SupremeCourt #SupremeCourtOfIndia Image
Justice Narasimha: Will it happen that you'd ask for Rooh Afza and you'll end up getting Dil Afza? Because Rooh Afza is quite popular.

#SupremeCourtOfIndia
#SupremeCourt
The counsel shows the bench bottles of Rooh Afza and Dil Afza to highlight the difference between them.

#SupremeCourtOfIndia
#SupremeCourt
Read 6 tweets
Live Law Profile picture
May 17
#SupremeCourt to hear plea filed by Srinivas BV, National President of Indian Youth Congress seeking relief in respect to the FIR registered in Assam on a sexual harassment complaint lodged by an expelled party member Image
Bench: 164 statement is on record?

Sr Adv AM Singhvi for BV Srinivas: Kindly turn to para 13. Kindly see these 5 dates.
Singhvi: ...She is a complainant, a political person and a lawyer. See one day before the complaint, she gives 6 interviews. From Feb to April nothing. Now she is giving interview.
Read 18 tweets
Live Law Profile picture
May 17
#SupremeCourt to hear today Delhi Govt's plea challenging LG's nomination of ten aldermen in the Municipal Corporation of Delhi (MCD).

#SupremeCourtOfIndia
#SupremeCourt #DelhiGovtvLG Image
ASG Jain: In the context of Delhi, it is pertinent to note that 69th amendment came and GNCTD act was also notified which collectively contains mechanism for Delhi governance.

#SupremeCourtOfIndia
#SupremeCourt #DelhiGovtvLG
ASG Jain: 73rd amendment deals with Panchayat and 74th deals with municipalities. There was a need felt that delhi municipality will have self governance...

#SupremeCourtOfIndia
#SupremeCourt #DelhiGovtvLG
Read 5 tweets
Live Law Profile picture
May 17
#SupremeCourt to hear petitions pertaining to #ManipurRiots today.

Petitions include- Manipur Tribal Forum Delhi seeking SIT probe into #ManipurViolence & relief of victims and; another challenging Manipur HC order on suggesting inclusion of Meiti community in ST list. Image
SG Mehta: We have filed our status report. Situation has improved a lot other than some sporadic incidents. Let us wait for some time.

#SupremeCourtOfIndia
#SupremeCourt #ManipurRiots
SG Mehta: Let peace and tranquility be established.

CJI DY Chandrachud: We also need status on rehabilitation of victims.

SG Mehta: Yes, we've shown.

#SupremeCourtOfIndia
#SupremeCourt
Read 42 tweets

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