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Bar & Bench Profile picture
@barandbench
May 17 • 7 tweets • 4 min read Twitter logo Read on Twitter
[The Aldermen Tussle #DelhivsLG ]

#SupremeCourt to hear plea by the Delhi government seeking quashing of the orders and notifications dated January 1 and January 4, 2023 issued by the L-G nominating 10 persons under the Delhi Municipal Corporation (DMC) Act, 1957 as nominated… twitter.com/i/web/status/1… Image
ASG Sanjay Jain: On 1st feb 1992...

CJI: You are saying administrators role in municipal governance is different than the role of LG under 239AA..
ASG Jain: scheme of the act is that task of central govt and state can be delegated.. see 490A, 490E and 491..

CJI: your contention is 2 fold that the MCD is for local self governance and is governed by part 9A..So when power is conferred on administrator.. it cannot mean it is… twitter.com/i/web/status/1…
Dr AM Singhvi: page 7 and 9 show the practice for 30 years.. never it has happened that LG appoints in his own name..

CJI: Contention is doctrine of shamsher case applies when an executive power is exercised.. here it is different. they are saying it is a local self body..… twitter.com/i/web/status/1…
Singhvi: when state is mentioned it does not go to the LG only... files stop at the dept.. where LG is mentioned it is upon aid and advice of ministers... 30 years this has been followed.. the meaning of aid and advice is being sought to be changed like this.

CJI: We will close… twitter.com/i/web/status/1…
ASG: The practice being followed for 30 years does not make a difference if its against the law

CJI: Then it is also a realistic appraisal of the situation by LG

Singhvi: yes all LGs were wrong

ASG: The court has discussed on the term aid and advice in the two CB judgments… twitter.com/i/web/status/1…
Hearing ends
Judgment reserved
#SupremeCourt #DelhivsLG

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More from @barandbench

Bar & Bench Profile picture
May 18
#SupremeCourt to hear petitions challenging the Kerala HC order which had declined to stay the release of the movie #TheKeralaStory.. SC will also hear plea by the filmmakers challenging the ban on the movie in West Bengal and a de facto ban in Tamil Nadu Image
Sr Adv Kapil Sibal: you must take some time and watch this for sometime. Every movie is subject to Article 19(2)

Adv VK Biju: I appear for a group in West Bengal and I want to watch the movie...

Sr Adv Harish Salve: let me open my article 32 plea

#TheKeralaStory
CJI: Keep the arguments short since we want to rise at 1 pm

Salve: see the affidavit of West Bengal to avoid incidents of violence etc.. please see the counter reply filed by west bengal para 20... #TheKeralaStory
Read 35 tweets
Bar & Bench Profile picture
May 18
Supreme Court to shortly hear appeal by Bihar government against Patna HC order that had stayed the caste survey under way in the State till July 3.

#SupremeCourt #SupremeCourtOfIndia #Bihar #Caste Image
Sr Adv Shyam Divan for Bihar: I want 10 days to complete it. There is no question of sharing data.

Justice Oka: We have to see if it is a census in garb of survey like order says ... Today we are not inclined to grant stay as it requires hearing.
SC: So on 3rd if HC takes it up ... See we are trying to tell you that HC has recorded prima facie findings. So we find it difficult to stay, we are not saying we will not hear.

Divan: Just hear us.

#SupremeCourt
Read 16 tweets
Bar & Bench Profile picture
May 18
Supreme Court hearing suo motu case regarding welfare of Covid patients and dignified handling of dead bodies in hospitals.

#SupremeCourt #SupremeCourtOfIndia #Covid Image
SG Tushar Mehta: Lordships may take it up later. This will take up some time.

Adv: Lordships may have it earlier.

CJI: We have to see what all you have done, all hospitals regularised?

SG: Not all.

Justice Pardiwala asks if rules framed for Clinical Establishments Act
Adv Aparna Bhat: The issue is the state has given primacy to revenue and not safety of patients.

Another counsel mentions about handling of dead body of his clients mother: What happened to me should not happen to anyone else. Coffins left unattended.

#SupremeCourt
Read 8 tweets
Bar & Bench Profile picture
May 18
Supreme Court Constitution Bench to shortly deliver verdict in batch of pleas concerning legality of bull-taming sports like Jallikatu.

#SupremeCourt #SupremeCourtOfIndia #Jallikattu #AnimalRights #culture Image
Bench assembles

Justice Aniruddha Bose: who is from animal welfare board... cause title has the board name

Justice Bose: let me read the operative part. We answer the questions: The TN Amendment act is not a colourable legislation and is referable, in pith and substance, to… twitter.com/i/web/status/1…
Justice Bose: jallikattu is a type of bovine sport and is going on in TN since last century, bull is left free in an arena... whether it is integral to tamil culture requires social analysis and cannot be undertaken by the judiciary..whether it is to preserve cultural heritage is… twitter.com/i/web/status/1…
Read 8 tweets
Bar & Bench Profile picture
May 17
Delhi HC observes that many of the news reports carried by Punjab Kesari indicate that the newspaper launched a willful campaign to lower Gautam Gambhir's reputation in eyes of his supporter and public at large.

#DelhiHighCourt @GautamGambhir @punjabkesari Image
While issuing summons on the ₹2 crore defamation case filed by Gambhir against the newspaper and its journalists, the court has given a prima facie finding.
Justice Chandra Dhari Singh says that this does not befit a newspaper of the repute and stature of the defendants (Punjab Kesari and its journalists) to indulge in such a conduct.
Read 4 tweets
Bar & Bench Profile picture
May 17
#SupremeCourt hears an appeal against Delhi HC verdict the case of Hamdard National Foundation (India) vs Sadar Laboratories Pvt. Ltd. where it restrained Sadar Laboratories from manufacturing and selling beverages under the impugned trademark ‘Dil Afza’ Image
The Delhi HC had noted that since the trademark ‘Rooh Afza’ is prima facie a strong mark requiring a high degree of protection as it has acquired immense goodwill

CJI DY Chandrachud: does it taste also the same?

Adv: Our is Sadar Dil Afza and that is Hamdard Rooh Afza.. totally… twitter.com/i/web/status/1…
Justice PS Narasimha: suppose you ask rooh afza and you get dil afza.. will it happen like that.? rooh afza is quite old

#Supremecourt
Read 6 tweets

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