Latest news with #AllahabadHC
Time of India
an hour ago
- Politics
- Time of India
Was Varma notice in Rajya Sabha just submitted or was it admitted?
NEW DELHI: Was the notice for the motion of removal of Allahabad HC Justice Yashwant Varma only "submitted" or was it "admitted" as well. The seemingly technical issue goes to the heart of the fast-paced events that led to the resignation of Vice-President and Rajya Sabha Chairman Jagdeep Dhankhar on Monday evening. Tired of too many ads? go ad free now It acquires significance because a determination would decide whether the RS Chairman would have a role in the choice of the three members of the investigation panel which, under the Constitution, would examine the veracity of the charges against Justice Varma. Dhankhar is learnt to have earned the annoyance of the govt and the governing coalition by acknowledging the notice given by 63 opposition MPs to seek the launch of proceedings for the HC judge's ouster. Sources termed it as a "breach-of-faith" issue by pointing out that the govt had already announced its decision that the process should start in Lok Sabha and had taken the first step by getting 145 MPs from all parties to sign the notice which was submitted to LS Speaker Om Birla on Monday morning. However, Dhankhar sidestepped this, and the RS notice had signatures of only opposition members. Although technically correct, the decision flew in the face of govt's desire to make the proceedings against Justice Varma an all-party concern. On Monday afternoon in RS, Dhankhar cited the Judges (Inquiry) Act, 1968, to say that in a situation where such a notice is given in both Houses on the same day, "no committee shall be constituted unless the motion has been admitted in both Houses and where such motion has been admitted in both Houses, the committee shall be constituted jointly by the speaker and the chairman". The ex-chairman said that the motion signed by 63 members "meets the numerical requirement of setting in motion a process for the removal of an HC judge" - reference to the stipulation that the motion for removal, in case of RS, needed to be signed by at least 50 members. Tired of too many ads? go ad free now He stopped short of saying whether the motion has been admitted, but emphasised that the chairman or the speaker has no right to admit or reject if "a motion is presented on the same day in both the Houses". However, the 1968 Act doesn't mention such a provision. Dhankhar had directed the RS secretary general to take necessary steps. Sources, however, said the final call on the issue will now be that of the deputy chairperson, Harivansh, who started as the officiating chairman after President Droupadi Murmu accepted Dhankhar's resignation. "There is no certainty he would endorse what Dhankhar observed," said a source. "In any case, he has no special interest in matters concerning judiciary and is unlikely to diverge drastically from the speaker in the choice of the members of the inquiry panel," the source further said.
Time of India
4 hours ago
- Politics
- Time of India
2-month reprieve from arrest for hubby, kin in dowry case
Representational Image NEW DELHI: In an important decision, Supreme Court on Tuesday adopted Allahabad HC's two-year-old guidelines directing police not to arrest a husband or his relatives for two months from the date of his wife lodging a dowry harassment case under section 498A of the IPC while asking an IPS woman officer to apologise through newspaper publications the harassment she inflicted on her estranged husband and his relatives. A bench of CJI B R Gavai and Justice A G Masih gave this ruling while drawing up an amicable settlement between 2022-batch IPS officer Shivangi Bansal nee Goel and her husband in exercise of its exclusive powers under Article 142 of the Constitution to dissolve their marriage. While drawing up the settlement, SC said, "The guidelines framed by Allahabad HC in impugned judgment dated June 13, 2022, in Criminal Revision No. 1126 of 2022 vide paras 32 to 38, with regard to constitution of family welfare committees for safeguards regarding misuse of section 498A, IPC, shall remain in effect and be implemented by the appropriate authorities." SC said the apology was needed because of the cases filed by her "...the husband remained in jail for a period of 109 days and his father for 103 days, and the entire family suffered physical and mental trauma and harassment. What they have suffered cannot be resituated or compensated in any manner". However, "It shall not ever be used against Shivangi Bansal/Shivangi Goel before any court of law, administrative/regulatory/quasi-judicial body/tribunal against her interests now or in the future, " it added.
Hindustan Times
7 hours ago
- Politics
- Hindustan Times
School merger order violates RTE Act: Petitioners' counsel
LUCKNOW The Lucknow bench of the Allahabad high court on Tuesday began hearing two special appeal petitions challenging the merger of primary schools. The division bench, headed by Chief Justice Arun Bhansali and Justice Jaspreet Singh, heard arguments from the petitioners' lawyers. The hearing will continue on Wednesday. The two petitions have been filed in high court challenging the July 7 order of the single bench which had dismissed the petitions challenging merger of primary schools. Allahabad HC bench headed by the chief justice to continue hearing special appeals against the merger. (For Representation) Two special appeals have been filed—one by 5 children and the other by 17 children from Sitapur district through their parents. Senior advocate LP Mishra and advocate Gaurav Mehrotra are representing petitioners in court. They have completed their arguments in court. Mishra argued that the state government's order to merge schools violates the Right to Free and Compulsory Education Act, for children aged 6-14. He also raised concerns that the merger would create problems for young children as they would have to travel long distances to attend school. Now, the state government's lawyers are presenting their counter-arguments. Both sides are supporting their claims with precedents. On the other hand, the state government, represented by additional advocate general (AAG) Anuj Kudesia and chief standing counsel Shailendra Kumar Singh, argued that the merger was in the best interest of children, aiming to optimise resource utilisation. The government cited 18 primary schools with zero students and stated that merging such schools with nearby ones would ensure better use of teachers and facilities, ultimately improving education quality.
Time of India
a day ago
- Business
- Time of India
No property tax notice for now, says Ghaziabad Municipal Corporation, councillors end protest
Ghaziabad: Following assurances from the municipal commissioner, the councillors have called off their sit-in protest over property tax issues. According to a GMC official, the auto-generated property tax bill, which is being sent to consumers at an inflated rate, will be stopped. "There have also been provisions made to offer a 20% rebate to consumers on property tax until Sept 30," he said. At the centre of the standoff between councillors and GMC officials were the minutes of the June 30 board meeting, which the officials had previously withheld. You Can Also Check: Noida AQI | Weather in Noida | Bank Holidays in Noida | Public Holidays in Noida Councillor Neeraj Goyal said, "Given the ongoing Kanwar Yatra, we called off the protest, and as per the understanding with the GMC official, we were assured by the municipal commissioner that on July 25, the minutes of the June 30 board meeting would be submitted to the Mayor." A case was filed in the Allahabad HC against GMC's decision to impose an increased property tax on May 22. Although the board has repealed the proposal, the matter is still pending in court. The increased property tax took effect on April 1. The property tax rates before April 1 were between Rs 0.32/sq foot on properties with less than 12m of road width, Rs 0.48 to Rs 2 for roads 12–24 metres wide, and Rs 0.65 to Rs 2.41 for wider roads. The revised rate is between Rs 0.75/sq foot to Rs 4/sq foot. In March this year, the board passed the proposal to link tax with the DM circle rate. GMC calculates tax based on the annual rental value (ARV) of a property.
Time of India
3 days ago
- Politics
- Time of India
Protest vs protest: GMC staff, councillors lock horns in property tax tussle
Ghaziabad: A fresh protest has erupted at the Ghaziabad Municipal Corporation (GMC) headquarters, this time by GMC employees, countering a sit-in by councillors opposing the recent property tax hike. Councillors have been staging a sit-in protest since Friday, which continued into Saturday. At the core of the conflict are the minutes of the June 30 GMC board meeting, in which the board repealed the proposed property tax hike. Employees said the councillors' demand for board meeting minutes will be met after the kanwar yatra ends. But the councillors accused officials of orchestrating the counter-protest to undermine their agitation. They also questioned the legitimacy of the employees' protest, calling it a diversionary tactic in the ongoing dispute over tax policy and transparency. You Can Also Check: Noida AQI | Weather in Noida | Bank Holidays in Noida | Public Holidays in Noida Councillor Neeraj Goyal said, "We suspect foul play. For the past 17 days, GMC officials have been deliberately holding back the minutes of the meeting under various pretexts, while at the same time sending tax notices to residents based on the hiked rates. As elected representatives, we are answerable to our voters, and GMC officials are operating as an extra-constitutional authority." Another councillor, Manoj Goyal, alleged GMC officials were behind the employees' protest. "The issue of property tax and the minutes of the GMC board meeting do not pertain to them, and yet they are protesting ostensibly at the behest of officials. The officials are public servants, while we are public representatives, and our authority and rights are being undermined," Goyal added. Mohan Chauhan, a GMC employee, said, "The councillors are disrupting GMC's daily operations at a time when the kanwar yatra is going on. As for their demand, the municipal commissioner has assured them the minutes will be shared after the yatra concludes, and yet they are protesting." Meanwhile, a GMC official said, "A case has been filed in the Allahabad HC against GMC's decision to impose an increased property tax, and even though the GMC board repealed the proposal, the matter is still pending in the court, and we are awaiting the court's final orders." The hiked property tax came into effect on April 1. The property tax rates before April 1 were between Rs 0.32/sq foot on properties with less than 12m of road width, Rs 0.48 to Rs 2 for roads 12–24 metres wide, and Rs 0.65 to Rs 2.41 for wider roads. The revised rate is between Rs 0.75/sq foot to Rs 4/sq foot. In March this year, the board passed the proposal to link tax with the DM circle rate. GMC calculates tax based on the annual rental value (ARV) of a property.
