Alok Prasanna Kumar Yesterday, the current Chief Justice of India TS Thakur sent a formal recommendation to the President of India, suggesting the name of Justice Jagdish Singh Khehar to be India’s 44th Chief Justice and the first Sikh to hold that office. If past convention and practice is anything to go by, in about two to three weeks, the President will formally issue the warrant of appointment, and on January 4, 2017, Justice JS Khehar will preside over the Chief’s Court in the Supreme Court of India. If. I haven’t used that “if” in the previous paragraph lightly or just formally. There is […]

Even as the debate on demonetisation finds the BJP and the Congress on the opposite sides, they came together last Monday before the Supreme Court’s J.S.Khehar, Arun Mishra and A.M.Khanwilkar JJ,  to take a common stand in a pending litigation. What promised to be a landmark hearing in the first half of the day, proved to be a damp squib, with both, surprisingly withdrawing their appeals against the Delhi High Court judgment on the FCRA and political funding of 2014.  The High Court had directed the Central Government and the Election Commission to “relook and reappraise” the parties’ receipts to identify foreign contributions, which […]

The Vidhi Centre for Legal Policy recently released a briefing book titled Law in Numbers: Evidence-Based Approaches to Legal Reform. Through this publication, VCLP has put endeavoured to show how empirical data can be used to target specific areas of law which call for reform. To this end, they have put together statistics on five broad categories: The Judiciary, The Financial Sector, Crime and Society, The Legislature and Environment & Human Capabilities. Here we analyse five findings that merit a closer look. 1. High Courts require additional benches After finding out the population over which High Courts exercise jurisdiction, VCLP has come to the conclusion […]

Nakul Dewan Apart from the Indian media, which has extensively covered the Supreme Court of India’s 30 November interim order in S.N. Chouksey vs Union of India relating to the mandatory playing of the National Anthem in cinemas, the International Edition of the New York Times carried an article in their print edition of 2 December. This piece quoted from an interview with the 78 year old petitioner, Mr. Chouksey, where he stated that the inspiration for his petition to the Supreme Court on the National Anthem was an incident that took place 15 years ago when the National Anthem […]

Armed with my faulty in-built GPS, I embark on the journey of finding the Institute of Law from amidst a multitude of monotonously grey buildings that make up Nirma University. A series of bad directions from students (I don’t think they can tell the difference either), and I find myself unwittingly taking a tour of the sprawling campus. A Dandi March and a half later, I have finally found my way, thanks to a helpful gardener who pointed me in the right direction. Lady Justitia welcomes me to the law school with open arms. I catch up with Dr. Purvi […]

By Sonam Chandwani The Securities and Exchange Board of India, in its board meeting held on November 23, 2016, introduced amendments to the SEBI (Alternative Investment Funds) Regulations, 2012, thus ushering in a more liberalised and progressive era for fund-raising in start-ups as also enhancing the scope of investment of foreign investors in unlisted debt securities. In order to further develop the alternative investment industry and the startup ecosystem in India, SEBI, in March 2015, constituted a Committee of experts drawn from across market participants called the “Alternative Investment Policy Advisory Committee” (“AIPAC”) under the chairmanship of NR Narayana Murthy. […]

Yesterday, the Supreme Court of India heard a PIL seeking the setting up of additional subordinate courts across the country, as was recommended by the Law Commission of India in its 245th Report. Pursuant to the court’s directions, the National Court Management System Committee (NCMSC) was required to submit a report on assessing the requisite judge strength for these courts. Quoting from the NCMSC’s report, and appearing for the Centre, ASG Maninder Singh told the court that the 14th Finance Commission had approved a total of Rs. 9,749 crore for the judiciary for the next five years. In response, the Court […]

Over the past few years, Bar & Bench has interviewed a number of former Chief Justices of India, Supreme Court judges and High Court judges. And most of them have, in as many words, admitted that the higher judiciary is not entirely free of corruption and nepotism. Instances of judicial misdemeanour have been made public, whether it be the case of Soumitra Sen, V Ramaswamy or Dinakaran JJ., or more recently, the allegations levelled against former CJI KG Balakrishnan. However, there are more than a few incidents that go completely unreported. As a consequence of which, we will never know the […]

In a dramatic twist in the tale of the Delhi High Court Bar Association elections, Senior Advocate Kirti Uppal has been elected as the new President of the DHCBA. Beating the President in-office Rajiv Khosla and first-time candidates Sunita Bharadwaj and Sunil Goel, Uppal emerged as the winner with a lead of over 250 votes. The Senior Advocate has had a long-standing relationship with the bar association, having served as Secretary as well as Vice President in previous terms. Khosla was elected President in a whopping victory back in 2014. His defeat comes after a prolonged fight against the implementation of […]

Returns that can can exceed one hundred percent of net investment, a healthy funding requirement that routinely runs into millions, and indications that this could well be the next big thing. Over the last decade or so, third party funding (TPF) has evolved into a highly profitable business. Yet, it is one that exists on the fringes of the legal industry. Till now. On September 15 this year, in the case of Essar vs. Norscot, the English High Court held that costs incurred on arbitration funding are recoverable by the successful  party; in this case the third party funder made an investment of £647,000 […]