The Department-related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice, has presented the Eighty-Seventh Report titled, “Inordinate Delay in Filling up the Vacancies in the Supreme Court and High Courts”. The report was prepared after hearing the views of eminent legal luminaries including Harish Salve, K Parasaran, Dushyant A Dave, Fali S Nariman and Indira Jaising. The Committee also heard the views of Bar Council of India and the Secretary of Department of Justice, Ministry of Law and Justice. Below are excerpts from the Report of the Committee. Consultation v. Concurrence One of the first discussions in the report […]

Arguments over the petitions relating to the demonetisation of Rs. 500 and 1,000 notes were heard for more than an hour today by the Supreme Court of India. A Bench of Chief Justice TS Thakur and Justices AM Khanwilkar and DY Chandrachud also noted down issues to be considered by the court for final hearing of the case. Senior Advocate Kapil Sibal and Attorney General Mukul Rohatgi suggested most of the issues which the Court could consider for framing issues for final hearing. The court noted the following issues raised by the parties: Whether the notification of November 8 is ultra […]

The Supreme Court today issued certain clarifications with respect to its order dated November 30, relating to playing National Anthem in cinema halls. The Bench comprising Justice Dipak Misra and Amitava Roy issued the clarifications while hearing a plea seeking a recall of the aforementioned order. The plea has been made by a film society from Kerala, where the 21st International Film Festival is currently being held. The organisation has cited the difficulties the foreign delegates attending the festival will face in rising every time the National Anthem is played. The Bench was not impressed by this ground. Justice Roy said, […]

Wrapping up the appeal in a relatively short span of time, a division bench of the Delhi High Court today refused to grant an injunction to the international publishers in the Delhi University photocopiers case. However, the court has set aside the finding of the single bench that “no triable issue on fact” arose, and has restored the suit initiated by the book publishers. The bench of Pradeep Nandrajog and Yogesh Khanna JJ. had started hearing arguments on November 29 and delivered the judgment at 10.30 this morning. From the very start, Justice Nandrajog was adamant about not granting unnecessary adjournments to either side and had heard […]

The ongoing tiff between Justice Markandey Katju and Justice Ranjan Gogoi seems to have taken a surprising turn. Justice Gogoi had served a notice of contempt on the former Supreme Court judge following his comments on the Soumya judgment delivered by a bench headed by himself, along with Justices Prafulla C Pant and UU Lalit. We had earlier reported that veteran Senior Advocate Fali S Nariman might appear for Justice Katju. For the time being, however, it looks like Senior Advocate Rajeev Dhavan is holding down the fort. It is now confirmed that Dhavan did indeed mention the matter before Justice Gogoi yesterday, […]

A list of important cases from the causelists of the Supreme Court of India and the Delhi High Court. TABLE OF CASES Supreme Court of India Common Cause v. Union of India Board Of Control For Cricket v. Cricket Association Of Bihar & Ors. Federation of Indian Hotel & Restaurant Association & Anr. v. State Of Maharashtra & Anr. Dwarka Court Bar Association v. Bar Council of Delhi Vivek Narayan Sharma v. Union of India Delhi High Court The Chancellor, Masters & Scholars of University of Oxford and Ors. v. Rameshwari Photocopy Services and Ors. Singer India Limited v. TVS Sewing Needles Limited and Ors. […]

It’s that time of the year again! With the SCBA elections just around the corner, the Apex Court seems to have become the hub of political ambitions. With Senior Advocate Dushyant Dave finally vacating the office due to a bar against contesting after two consecutive terms as the President, the race to the throne has gotten very interesting. We bring to you a list of Presidential candidates for the election, and their manifestos. Rajiv Dutta One of the most unique manifestos this year comes for Senior Advocate Rajiv Dutta. Even as he remains appreciative of the efforts made by the Bar in […]

Yesterday, the Delhi High Court’s RS Endlaw J. heard one civil suit, and five interim applications, that sought, amongst other things, “John Doe” orders. This civil suit, titled,  Tata Sons & Ors v John Doe(s) & Ors had Senior Counsel Sudhir Chandra, briefed by Anand and Anand, appear for Tata Sons. The cause of action arose, as per the plaint, in September last year after a number of “defamatory” and “disparaging” e-mails were sent in connection with a senior executive in Tata Motors subsidiary.  These e-mails were being sent from different e-mail ID’s, and were addressed to government officials, the Tata […]

Contrary to various news reports, the Allahabad High Court did not determine the constitutionality or the legality of the Islamic practice of triple talaq. It did, however, note that its “judicial conscience” was disturbed by the practice, which it described as a “monstrosity”. In a judgment dated November 5 this year, Justice Suneet Kumar had made a number of observations on the practice, the constitutionality of which is currently under the Supreme Court’s scanner. Hearing a challenge to a particular case where a Muslim man divorced his wife through triple talaq, the High Court described its interpretation of the Quran as regards the […]

After two rounds of discussions with various stakeholders, the Software Freedom Law Centre, India recently conducted an event for the launch of its report on ‘Online Harassment’ [pdf]. The crux of this issue can be conceptually associated with the right to freedom of speech and expression, which is, widely considered one of the most ‘sacrosanct of fundamental human rights’. This right, however, more often than not, crosses the line to the point of ‘wanton abuse’. At the very outset, it is important to distinguish between the different manifestations of harmful speech online, which are often used interchangeably. The report recognises the […]