Recusals might have gotten a bad rap in recent times, but the fact of the matter is that recusals are one of the methods to ensure an impartial dispensation of justice. And despite the fact that recusals do cause delay in a system striving to reduce pendency, there certainly is merit in judges recusing from hearing matters that they might have a stake in. Having said that, problem does arise when judges do not mention the reason for recusal. Reasons may be given orally, but almost never in writing. As a result, litigants and lawyers alike are often kept guessing […]

The recent push by the central government in making Aadhaar mandatory for several government schemes has met with widespread criticism from various sections of the society, including activists, lawyers, policy professionals and journalists. Just yesterday, amendments were introduced in the Finance Bill, 2017 to make Aadhaar mandatory for filing of income-tax returns as well for obtaining and retaining the permanent account number (PAN). And now, with the Bill being passed in its entirety in the Lok Sabha, the Centre’s intentions to make Aadhaar compulsory across the board – despite a Supreme Court order to the contrary – are fairly clear. The […]

By Ankit Sinha and Harshit Dusad The world has witnessed recurrent instances of cyber attacks in the recent past. These cyber attacks have raised eyebrows on the reliability of the Society for Worldwide Interbank Financial Telecommunication (“SWIFT”) messaging network, as most of the cyber attacks occasioned from the infiltration of SWIFT by hackers. Although steps for improving cyber resilience have been taken by jurisdictions across the world, in wake of continuous technological advancement, the cases of cyber attacks are on the rise. Given this, there is an urgent need to evolve a mechanism which can be practically implemented in case of […]

After the death of the Tamil Nadu Chief Minister Dr. J Jayalalithaa, there were rival claims as to who her successor would be. After a brief stint, O Panneerselvam (OPS) resigned as Chief Minister and the stage was set for Sasikala to take over. OPS, after a spell of meditation at the grave of Jayalalithaa, made a sensational revelation of how he was forced to resign and become a rival to Sasikala. Meanwhile, 120 MLAs had been herded like cattle to a beach resort on the outskirts of Chennai. These MLAs were inaccessible and it is popularly believed that they […]

Our investigation on the recusal of cases in the Supreme Court shows that the judges who do so are extremely mindful of any remote association which they might have had with one of the litigants in a case before them, in the capacity of a judge or a counsel. Chief Justice of India JS Khehar recused from hearing civil SLP (7202/2017), filed by University Grants Commission against Punjab University, arising out of a judgment delivered by the Punjab and Haryana High Court in January this year. The CJI was sitting with Justices DY Chandrachud and Sanjay Kishan Kaul, before whom it […]

by Dr. Amit George When the Arbitration and Conciliation Act, 1996 was enacted, it set out to radically redefine the arbitration regime in India when compared to the archaic and outdated provisions of the Act it replaced, i.e. the Arbitration Act, 1940. However, while the 1996 Act was successful in alleviating a variety of the short-comings of the 1940 Act, there were certain areas where this success was elusive. One of these critical areas was the independence and impartiality provision concerning arbitrators enshrined in Section 12 of the 1996 Act. While Section 12 did establish a normative requirement for the […]

by Shashank Prabhakar SEBI has issued yet another circular on March 10, 2017, for regulating schemes of arrangement by listed entities. This is the fourth circular on this subject that has been issued by SEBI in as many years. First, there was the circular dated February 4, 2013, which was substantially revised by another circular that was issued in quick succession on May 21, 2013. Then there was the circular dated November 30, 2015 (“Erstwhile Circular”) which was issued after the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 came into effect on November 15, 2015. To be fair, the […]

Our quest to understand why judges of the Supreme Court recuse from cases continues. As expected, we succeed in unravelling some, and leave the rest to the speculation of the readers. As in the previous edition of Recusal Watch, Justice Sanjay Kishan Kaul continues to top the list in this edition too. He recused from five cases out of the fourteen recusals tracked by us in Supreme Court last week. Here are the details: Justice Sanjay Kishan Kaul Centre for Public Interest Litigation v Union of India (CA 10660/2010) A Civil Appeal of 2010, it pertains to the monitoring of […]

by Sumit Agrawal The Insolvency and Bankruptcy Board of India (IBBI) was established on October 1, 2016 in accordance with the provisions of The Insolvency and Bankruptcy Code, 2016. Within a short span of five months of its establishment, Dr. M S Sahoo, Chairman of IBBI has issued first regulatory order last week. The order has been issued in an application under regulation 6 of IBBI (Insolvency Professionals) Regulations, 2016 (“the Regulations”) for registration as an Insolvency Professional (IP), filed by an Assistant Vice President of Ernst and Young, a chartered accountant firm. In terms of the Regulations, an individual […]

Last week, the Karnataka High Court reserved its judgment in a batch of petitions challenging a 2014 amendment to the laws governing health warnings on the packaging of tobacco products. A Bench of Justices BS Patil and BV Nagarathna will decide the fate of more than fifty petitions filed by individuals and organisations from across the country. In this edition of #Debriefed, we go into the details of the challenge. What is the challenge against? In October 2014, the Ministry of Health and Family Welfare sought to amend the Cigarettes and other Tobacco Products (Packaging and Labelling) Rules, 2008. The major […]