Dr. Amit George The passage of the Arbitration and Conciliation (Amendment) Act, 2015 (“Amendment Act”) marked the culmination of a long-drawn and convoluted process of bringing about vital necessary changes to the Arbitration and Conciliation Act, 1996 (“1996 Act”). The ground-breaking nature of the amendments brought into effect, and the potential far-reaching repercussions that they entailed for the arbitration regime in particular and the commercial law landscape in general, were immediately apparent. However, much as the proof of the pudding is in the eating, in the Indian context the efficacy of any statutory enactment and its ultimate impact is heavily […]

Last week, we had published an article covering facts and figures pertaining to the Supreme Court of India for 2015-16. The information was compiled from the annual report published on the Supreme Court’s website. In Part II, we delve into the state of the country’s High Courts and the lower judiciary, specifically with regard to each court’s annual budget, pendency figures and vacancies. 1. Budget for 2016-17 We had earlier reported that the 14th Finance Commission had allocated a handsome sum of Rs. 9,749 crore to the judiciary for five years. Out of this, a total of Rs. 3,452.39 crore […]

The Supreme Court of India recently released its annual report on the Indian Judiciary for 2015-16. Running into nearly three hundred pages, the report reveals some interesting facts and figures with respect to the Supreme Court, the twenty four high courts and the subordinate courts under them. In the first part of this report, we take a look at six interesting stats pertaining to the apex court, including the number of cases instituted, disposed and pending, and what steps have been taken to improve pendency figures. 1. Number of PILs and writ petitions filed Till July 31, the number of PILs filed […]

It has been a rather turbulent 2016 in High Courts across the country, with instances of the Bar clashing with Bench, and even the media. In addition to this, there have been revelations pointing to the fact that all may not be well within the higher judiciary. However, there have been positives to take from this year, with the courts making some important decisions that have been lauded by civil society. Here are the top twelve high court stories of 2016. 1. A Court Divided Over the past few years, voices have been crying hoarse for the bifurcation of the […]

Nakul Dewan Those hoping for the Supreme Court of India to play Santa Clause and give an early Christmas gift in the form of an injunction against the steps taken after the November 08 demonetisation [pdf], will only be comforted by the fact that the issue has now been referred to a constitution bench of five judges. Nine questions have been referred and these can broadly be broken down into four challenging its validity, two on its actual implementation, two related to political parties and District Cooperative Banks, and one on the scope of judicial review of fiscal and economic policy. The reference […]

President Pranab Mukherjee has cleared the decks for Justice JS Khehar to take over as the 44th Chief Justice of India. In roughly two weeks time, Chief Justice of India TS Thakur will demit office after a tenure that lasted a little more than twelve months. Justice Khehar, who will take charge of the Supreme Court of India on January 4 next year, will be the country’s first Sikh CJI. The apex court will see as many as seven different Chief Justices in the coming six years or so. To give you a better glimpse of how the institution will function in the […]

The submissions of amicus curiae Raju Ramachandran in the Nirbhaya case have thrown up some interesting data pertaining to death penalty in rape and murder cases heard by the Supreme Court of India. Ramachandran’s submissions cover cases of rape and murder heard by the apex court since 1991, wherein the court considered the imposition of death penalty. In all, the apex the court has decided 49 cases of rape and murder in which death penalty was discussed. Out of the 49 cases, the court awarded death penalty in 16 cases. In the remaining 33 cases, it awarded imprisonment of various terms, ranging from […]

Aditya AK and Anuj Agrawal Often relegated to the background in debates over pending litigation, court vacations are, in fact, a crucial part of the conversation. In a typical year for instance, the Supreme Court of India has vacations for more than one hundred days. Not that this has gone unnoticed. In 2014, the then Chief Justice of India, RM Lodha, had suggested that the apex court ought to function for three hundred and sixty-five days a year. It was a move that found strong opposition from the Supreme Court Bar. The considerable number of holidays is not limited to the […]

Justice V. Gopala Gowda was elevated to the Supreme Court of India on December 24, 2012. After serving a tenure of nearly four years, or 13,81 days to be precise, Justice Gowda retired on October 5 this year. He enrolled as an advocate in 1975 and joined the chambers of Senior Advocates K Subba Rao and SC Reddy in Bangalore. Having started his independent practice in 1979, he was also a part-time law professor. He was appointed as an additional judge of the Karnataka High Court in 1997, and was made a permanent judge two years later. Justice Gowda was made […]

Darshan Furia The Division Bench of the Bombay High Court by an Order dated December  1, 2016 reaffirmed the view taken by the single judge of the Bombay High Court in the Salgaonkar Vs. Salgaonkar [1] (“Salgaonkar Case”), that the rights of the successors prevail over that of the nominee in connection with the shares of a company. The Division Bench of Justice Oak and Justice Sayed, has held that the provisions regarding nomination are made with a view to ensure that the estate or the rights of the deceased relating to the subject matter of the nomination are protected till […]