The Supreme Court has issued notice in a petition filed by eight doctors of the Indian Army challenging the retirement age of fifty-eight. The petitioners are posted in different Units/Formations spread across the country. The matter came up before a bench of Justice Dipak Misra and Justice UU Lalit yesterday with advocate Sarvesh Shukla appearing for the petitioners. The petition, a copy of which is with Bar & Bench, states the following: “The petitioners verily believe that similar executive instructions have been issued by the Railway Ministry and other Ministries/Departments of the Central Govt. thereby enhancing the age of superannuation of all Medical Doctors serving under the respective Ministries/Departments to 65 years. […]

Two months after the departure of Anil Lale, Sankalp Dalal has been appointed head of the legal team at Zee Music. Confirming his appointment to Bar & Bench, Dalal said, “It is a good opportunity to work with a company that is going toe-to-toe with T-Series.” Dalal, a graduate of Symbiosis Law School, Pune, also holds an LL.M. from George Washington University. He has previously worked as an IP attorney for Mason & Associates, before working as a Senior Associate at Naik Naik & Co. From there, he made the shift to in-house practice, working as a legal counsel for […]

Yet another salvo has been fired in the battle to rid the statute books of Section 377 of the Indian Penal Code. This time around, a group of transgender persons from Karnataka has challenged the constitutional vires of the provision. The petition has been filed through Centre for Policy and Research in Law (CLPR), co-founded by advocate Jayna Kothari. The basis of the challenge rests on the apex court’s 2014 decision in National Legal Service Authority v. Union of India, popularly known as the NALSA judgment. In that verdict, it was held that the transgender community has the right to gender identity and […]

Earlier this month, a national conference on cyber security- (Cyberix 2016) was held under aegis of PHD Chamber of Commerce and Industry. At the conference, RK Sudhanshu, joint secretary cyber laws and e-security, announced that India will be overhauling the existing cyber law framework to bring in new encryption and privacy policies. India is not an exception. With governments worldwide rushing to regulate encryption services– primarily because of the sudden proliferation in criminal activities over the internet- the need for a robust cybersecurity framework has never been more critical. Use of technology for terror attacks in India From Mumbai to Pathankot, the use of […]

A summary of cases from the causelists of the Supreme Court of India, the Bombay High Court and the Delhi High Court. LIST OF CASES Supreme Court of India Mukesh and Anr. v. Govt. of NCT of Delhi Amitabh Thapliyal and Ors. Vs. Union of India Animal Welfare Board of India v. The Union of India Ashok Arora v. Union of India J & K National Panthers Party v. Governor Of J & K And Ors. Bombay High Court All Maharashtra Human Rights Welfare Association v Union of India North Goa District Advocates Association v The High Court of Bombay and […]

Justice Dilip Babasaheb Bhosale, Judge of the High Court of Judicature at Hyderabad for the States of Telangana and Andhra Pradesh will be the next Chief Justice of Allahabad High Court. The notification regarding this appointment has been published on the website of Ministry of Law and Justice. Justice Iqbal Ahmed Ansari, currently the acting Chief Justice of Patna High Court has been appointed the Chief Justice. Likewise, Justice Shiavax Jal Vazifdar, who is the acting Chief Justice of Punjab & Haryana High Court has been confirmed as the Chief Justice. Justice Indira Banerjee, judge of Calcutta High Court, has […]

The Supreme Court today took strong objection to the Tamil Nadu government using defamation as a tool to muzzle political opposition. While hearing a plea filed by actor politician Vijayakanth, Dipak Misra and Rohinton Fali Nariman JJ has directed the Tamil Nadu government to furnish details of all defamation cases either filed through the office of public prosecutor on behalf of Tamil Nadu CM, Jayalalithaa. Advocate GS Mani appeared for Vijayakanth. In this particular case, a non-bailable warrant was issued against Vijayakanth for some remarks the actor allegedly made against Jayalalithaa. It was this case that eventually reached the apex court. When […]

The Delhi High Court has recently ruled on the scope of the Income Tax Act, 1961 with respect to cross-border transfers of intangible capital assets such as logos and trademarks. On Monday, a division bench of Badar Durrez Ahmed and Sanjeev Sachdeva JJ delivered a judgment in CUB PTY Ltd (Formerly known as Foster’s Australia) v Union of India. The matter deals with a transfer of intellectual property from Foster’s Australia to SABMiller following SABMiller’s acquisition of Foster’s Indian assets. These assets included 16 trademarks, and “Foster’s Brand Intellectual Property”. In May of 2008, the Authority for Advance Ruling (Income Tax), ruled that […]

The Union Cabinet, last week, approved the formation of the Sagarmala Development Company (SDC), which will be the central authority for providing assistance for the implementation of the Sagarmala Project (Project). The SDC, a company incorporated under the Companies Act of 2013, will have an initial paid-up capital of Rs. 1,000 crore and a subscribed capital or Rs. 90 crore. Given India’s strategic geographical location and scope for expansion of maritime sector, India has sought to replicate the model adopted by nations like United States, Japan, Korea and China who have successfully leveraged their coastline and waterways to drive industrial development. What is it? […]

A summary of cases from the causelists of the Supreme Court of India, the Bombay High Court and the Delhi High Court. LIST OF CASES Supreme Court of India Jindal Stainless Steel v. State of Haryana Vijaykant and Anr. Vs. City Public Prosecutor Bombay High Court Retired Judicial Officers Association v. The State of Maharashtra Amit Maru v. State of Maharashtra Jaswantbhai Chaturbhai Nai and Ors v. State of Gujarat & Ors. Delhi High Court Santosh Kumar Sharma v. Bar Council of India and Ors. Cairn India Ltd. and Ors. v. Union of India and Ors. Vodafone Mobile Services Ltd. […]