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1. Madhya Pradesh High Court allows RTI access to Raj Bhawan reports to Centre since 2011

The Madhya Pradesh High Court on November 2 ordered that RTI petitioner Ajay Dubey be allowed to access Raj Bhawan's reports to the Union government on the political and administrative situation in th

Madhya Pradesh High Court allows RTI access to Raj Bhawan reports to Centre since 2011

The Madhya Pradesh High Court on November 2 ordered that RTI petitioner Ajay Dubey be allowed to access Raj Bhawan's reports to the Union government on the political and administrative situation in the state since 2011. A division bench of Justices A.Y. Kogje and Vivek Jain passed the order. The period covered governors appointed by the Congress-led central government while the state had a BJP dispensation, and the BJP-led Centre appointed a governor when the Congress was briefly in power in Madhya Pradesh; the governors included Rameshwar Thakur, Ram Naresh Yadav, Anandiben Patel and current governor Mangubhai C. Patel. The period also corresponds with the Vyapam scam investigation. Dubey filed the RTI application in 2011; the information officer rejected it but the appellate officer at Raj Bhawan allowed it. Raj Bhawan then refused information and appealed against its own appellate authority's decision. The high court upheld the appellate officer's decision in 2013. After the State Information Commission was reconstituted in 2014, Raj Bhawan appealed there; the Commission upheld the appellate officer's decision but Raj Bhawan did not show the documents. In September, a fresh application was filed and the matter reached the high court division bench. Dubey said this was the first time the high court had ruled that the reports be made public, and that the documents were likely to throw light on a crucial period when the state had been dealing with various scams and on Raj Bhawan's perception of the state government.

2. Kerala High Court strikes down Kerala Abkari rule barring women in toddy shops

The Kerala High Court struck down a provision of the Kerala Abkari rules that prohibited employing women in toddy shops. The Court held that the provision violated the rights to equality, non-discrimi

Kerala High Court strikes down Kerala Abkari rule barring women in toddy shops

The Kerala High Court struck down a provision of the Kerala Abkari rules that prohibited employing women in toddy shops. The Court held that the provision violated the rights to equality, non-discrimination, equal public opportunity and the right to life with human dignity.

3. Andhra Pradesh HC seeks status report on police firing at Raptadu chainsaw attack accused

The Andhra Pradesh High Court directed police to file a status report on their firing at M. Hemanth, who is accused of attacking a Class X girl with a chainsaw in her classroom in Raptadu, Anantapur d

Andhra Pradesh HC seeks status report on police firing at Raptadu chainsaw attack accused

The Andhra Pradesh High Court directed police to file a status report on their firing at M. Hemanth, who is accused of attacking a Class X girl with a chainsaw in her classroom in Raptadu, Anantapur district. The police shot him in both legs in the Atmakur forest on November 1, a day after the attack. The court was hearing a PIL filed by advocate Gunda Gopi Krishna seeking directions to ensure the safety and proper medical treatment of the injured accused, preservation of relevant evidence, an independent investigation into the circumstances that led to six bullets being fired at him, and the manner in which the injured person was handled before his admission to hospital. Appearing for the petitioner, advocate Solomon Raju argued that after the attack a criminal case was registered and the Superintendent of Police, Anantapur, deployed about 25 police teams to trace and apprehend the accused. He said police reached the Atmakur forest after receiving information that Hemanth was hiding there and opened fire when he allegedly attacked a Circle Inspector with a blunt object, injuring the officer. Mr. Raju argued that the circumstances of the firing, the necessity and proportionality of the use of firearms, and the precise manner in which the injuries were caused raised serious questions requiring an impartial investigation, and said the reasons for the firing submitted by the Circle Inspector and other police personnel were not cogent. The girl was attacked in her classroom during a mathematics lesson on October 31, and another student who tried to shield her was also injured. The girl was being treated at Manipal Hospital in Bengaluru, and Minister Nara Lokesh said on November 2 that she was conscious and improving. The police said special teams traced Hemanth to the Atmakur forest on the night of November 1; when asked to surrender, he allegedly threw stones at them and tried to attack an officer with a knife. The police said they fired two rounds in the air and then six rounds, hitting him in both legs, and he was admitted to the Government General Hospital in Anantapur in a critical condition.

4. Andhra Pradesh high court seeks report on police firing at Hemanth in chainsaw attack case

A division bench headed by Chief Justice Lisa Gill, hearing a PIL concerning the police firing on Hemanth, directed the state police department to file an affidavit explaining the circumstances of the

Andhra Pradesh high court seeks report on police firing at Hemanth in chainsaw attack case

A division bench headed by Chief Justice Lisa Gill, hearing a PIL concerning the police firing on Hemanth, directed the state police department to file an affidavit explaining the circumstances of the firing and subsequent developments, and sought details of the medical treatment and health of the 15-year-old girl student. Hemanth alias Dummu, 21, was accused in the chainsaw attack on a Class 10 girl student at Zilla Parishad High School in Rapthadu, Anantapur district, on Saturday; another girl who tried to intervene was injured. He was arrested by a special police team in the Atmakur forest area on Sunday evening and shot by police on Sunday night while allegedly attempting to escape custody during a crime scene reconstruction, officers said. Senior advocate Solomon Raju, appearing for Hemanth, brought the manner of the police firing and subsequent police actions to the court's attention. Hemanth's right leg was amputated on Tuesday at Government General Hospital, Anantapur, following the court's direction, due to gangrene from bullet injuries; doctors also operated on his left leg. The PIL, filed by Gunda Gopikrishna on Monday, seeks an independent CBI investigation into the police firing and the handling of Hemanth, and a declaration that the alleged firing of six rounds and the dragging and improper handling while shifting him to hospital were illegal, arbitrary and violative of Article 21; it seeks action against those responsible. Hemanth is recuperating at Anantapur Government General Hospital, while state health minister Y Satya Kumar said the 15-year-old survivor at Manipal Hospital in Bengaluru is gradually improving.

5. Delhi High Court interprets Section 430 Companies Act ouster of civil court jurisdiction

A Division Bench of the Delhi High Court in Jai Kumar Arya and Others v. Chhaya Devi and Another, decided on November 7, 2017, examined the scope of Section 430 of the Companies Act, 2013, which bars

Delhi High Court interprets Section 430 Companies Act ouster of civil court jurisdiction

A Division Bench of the Delhi High Court in Jai Kumar Arya and Others v. Chhaya Devi and Another, decided on November 7, 2017, examined the scope of Section 430 of the Companies Act, 2013, which bars civil courts from suits or proceedings over matters the NCLT or NCLAT is empowered to determine and prohibits injunctions against actions taken under tribunal powers. The dispute involved Prabhat Zarda Factory India Private Limited; a 30 percent shareholder and manager sought permanent and mandatory injunctions in the High Court to restrain a board notice and resolutions for an extraordinary general meeting proposing her removal from directorship. The defendants objected that Section 430 barred the suit, citing the Section 169 proviso on director representations and Section 241 oppression remedies. The court reiterated that ouster of civil court jurisdiction is strictly construed, drawing on Secretary of State v. Mask and Company, Union of India v. Tarachand Gupta and Dhulabhai v. State of Madhya Pradesh, and applied twin tests: statutory finality and an efficacious alternative forum; civil courts retain inherent jurisdiction for violations of statutory provisions or failure to follow fundamental judicial procedure. On Section 430's text, the court rejected the argument that the bar applies only where a provision explicitly names the Tribunal, holding that 'by' and 'under' have distinct meanings and that the ouster extends to matters governed by subordinate instruments framed under the Act.

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