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The B&B Causelist #320: Demonetisation, Judicial Appointments, Hate Speech & more

Bar & Bench

A list of important cases from the causelists of the Supreme Court of India and the Delhi High Court.

TABLE OF CASES

Supreme Court of India

  • Common Cause v. Union of India & Ors.
  • Dr. Subramanian Swamy v. Union Of India, Ministry Of Law & Ors.
  • Dheeraj Mor v. High Court of Judicature at Delhi
  • Union of India v. Shankar Lal Gupta and Ors

Delhi High Court

  • Multi System Operators Welfare Association v. Union of India and Anr.
  • Mohan Singh Sharma v. Union of India

SUMMARY OF CASES

Supreme Court of India

1Common Cause v. Union of India & Ors.

[Item 1 in court 3 – Writ Petition (Civil) 114/2014]

Bench: Dipak Misra, Amitava Roy JJ.

Case pertaining to illegal mining of iron ore and manganese mining in Odisha.

Today in Court: This matter is now posted in January.

2. Dr. Subramanian Swamy v. Union Of India, Ministry Of Law & Ors.

[Item 6 in court 2 – WP(Crl.) 69/2015]

Bench: J S Khehar, Arun Mishra, A M Khanwilkar JJ.

Case filed by BJP leader Subramanian Swamy challenging the constitutional validity of penal provisions relating to rioting and hate speech.

Today in Court: This matter was not taken up.

3. Dheeraj Mor v. High Court of Judicature at Delhi

[Item 4 in court 4 – SLP (CRL) 14156/2015]

Bench: J Chelameswar, Prafulla C Pant JJ.

This case is considering the important question of whether persons in judicial service can be allowed to compete for the posts of district judges based on their experience at the Bar, without having to go through ‘promotions through the rank’.

The case had come up before the Chief Justice’s Bench yesterday, but was transferred to this bench.

Today in Court: This matter was not taken up today.

4. Union of India v. Shankar Lal Gupta and Ors

[Item 1 in court 1 – TP(C) 1958-1967/2016]

Bench: Chief Justice TS Thakur, DY Chandrachud, L Nageswara Rao JJ.

Transfer petition filed by the Central government seeking transfer of all cases relating to demonetisation, which are pending in various High Courts, to one court (Supreme Court or one of the High Courts). Read the full story here.

Today in Court: The Supreme Court of India today issued notice in the Central government’s transfer petition filed in relation to twelve demonetisation-related petitions filed across seven different High Courts. The matter is now listed for December 2.

Read full story here.

Delhi High Court

1. Multi System Operators Welfare Association v. Union of India and Anr.

[W.P. (C) 7181/2016; Court No. 1 Item No. 17]

Bench: Chief Justice G Rohini, Sangita Dhingra Sehgal J.

62 cases have been filed by multi-system operators (MSOs) in various courts in the country for extension in the deadline of Phase III of the Digital Addressable System. Out of these 62 cases, 12 cases had been disposed of by respective courts and three cases had been withdrawn by the petitioners.

Today in Court: The matter was dismissed as withdrawn.

2. Mohan Singh Sharma v. Union of India

[W.P. (C) 9903/2016; Court No. 1 Item No. 2]

Bench: Chief Justice Rohini, Sangita Dhingra Sehgal J.

The practice of Ministers and sitting Members of Parliament and Legislative Assemblies participating in poll campaigns for their parties has been questioned in this PIL.

The petition contends that ministers, MPs and MLAs are public servants and under the law, public servants should be prohibited from participating in elections except to the extent of casting their vote.

Today in Court: The matter was adjourned to December 8.

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