On May 8 and 9, the last two working days of the Supreme Court in the last term, 13 Judges of the Supreme Court delivered 25 judgments. Most judgments were promptly delivered within a reasonable period of having been reserved. However, one judgment took more than five months to deliver, after the Judges concluded hearing in the case. It is Eurotex Industries and Exports Limited & Anr v State of Maharashtra & Anr, reserved by Justices AK Sikri and Abhay Manohar Sapre on December 1 last  year, but delivered only on May 8. The judgment authored by Justice Sikri, disposes […]

There is something about life in the hills that takes you back to a time when things were simpler. Away from the big city hustle, surrounded by scenic vistas, your general outlook on life tends to be a little more relaxed. A combination of this fact and the sparse population means there is not much litigation, and consequently, law practice in these parts can hardly be described as intense. And so it is in the state of Uttarakhand, the land of the Gods and the relatively freer lawyers. It is a shame that photography is prohibited on the campus of […]

Much like the media frenzy which surrounds a hard fought Indian victory at a cricket match between India and Pakistan, the justified sense of exuberance in India over the provisional measures ordered by the International Court of Justice (ICJ) in the Jadhav Case (India v Pakistan) has been equally countered by criticism and disappointment in Pakistan. With most of us glued to Indian news, a quick internet search on the website of Pakistan’s oldest English newspaper The Dawn not only reveals Pakistan’s sense of disappointment at the verdict, but also criticism over the performance of its legal team. Views have […]

The Supreme Court bench of Justices Dipak Misra, Rohinton Fali Nariman, and Uday Umesh Lalit delivered the verdict (authored by Justice Lalit) in Vasanta Sampat Dupare v State of Maharashtra, on May 3. It was reserved on October 5, 2016. The inordinate delay of seven months in delivering the judgment in this case, however, was not noticed because of its timing: It was followed within two days, by the judgment in the Nirbhaya case, with the first one alerting us as to what was likely to be there in the latter verdict. Indeed, the first verdict was cited in the […]

During May 1 to 9, the last working week of the Supreme Court before it broke for the summer vacation, 10 judges recused from hearing 16 cases.   The surprise among the pack was the recusal of Justice J Chelameswar from hearing the criminal writ petition, ND Jayaprakash v Union of India, [25/2016], which was listed before himself and Justice Abdul Nazeer on May 4. A contempt petition was also listed along with the writ petition. The petition was filed by social activist ND Jayaprakash in the aftermath of the police inaction against unruly lawyers at Patiala House courts. Kanhaiya […]

With the 2017 edition of the Common Law Admission Test (CLAT) taking place tomorrow, CLAT mentor Rajneesh Singh gives applicants a few pointers as to how to approach the paper. Do not stress a lot on 13th May Watching a movie may be a good idea for many. Revising GK or some short cuts of maths can be done. Revising some chapters like calendar or clock is advisable. I will advise not to study for more than 6 hours. Do not study after 9 pm on 13th May CLAT is usually very heavy because of qualitative, logical, analytical and legal […]

Daron Roberts is graduate of Harvard Law School and a former coach in the National Football League (NFL) in the United States. He is currently the founding director of the Center for Sports Leadership & Innovation at the University of Texas. In this interview with Bar & Bench’s Aditya AK, Daron takes us through the fascinating story of how a law graduate ended becoming an American Football coach. In the final year of his JD program at Harvard Law, Daron Roberts found himself pursuing a rather unconventional path, while his peers were working towards landing a law firm job or […]

For the first and perhaps last time in our judicial history, a sitting High Court Judge has been sent to jail for six months for committing contempt of the Supreme Court. This is the maximum sentence contemplated by section 12 of the Contempt of Courts Act, 1971. This is also perhaps the last time that this may happen, because it is almost impossible to foresee any other judge behaving in a consistently irresponsible manner. Which High Court Judge would ever sentence seven Supreme Court Judges to imprisonment or direct them to pay compensation of Rs. 2 crore each? A controversial […]

Justice CS Karnan created history of sorts, when he became the first judge of a Constitutional Court to be sentenced to imprisonment for contempt of court. A 7-judge Bench of the Supreme Court passed the order sentencing him to 6 months in prison. Born on June 12, 1955 in Cuddalore District, Justice Chinnaswamy Swaminathan Karnan studied law at Madras Law College. In 1983, Justice CS Karnan enrolled at the Bar and started practicing on the civil side. He was elevated as a judge of the Madras High Court in 2009. Later, in 2016, he was transferred to Calcutta High Court […]

On April 28, the Supreme Court bench of Justices J Chelameswar and Abhay Manohar Sapre, delivered its judgment in Gohil Vishwaraj Hanubhai & Others v State of Gujarat and Others. It has been authored by Justice Chelameswar.  The judgment in this case was reserved by the bench on August 11 last year. This SLP, which was converted as the Civil Appeal, arose out of the Gujarat High Court verdict dated June 27, 2016. The Supreme Court has upheld the High Court order. Bar & Bench throws some light on the “complexity” of this case. In Gujarat Government service, there was a […]

It is now pre-vacation season in the Supreme Court, during which most cases get adjourned only to be heard after the summer vacation. Recusals by judges further aggravate this trend, as litigants and counsel have no clue as to which bench is likely to hear their cases after the vacation. Last week [April 24-28], Bar & Bench found that nine Judges recused from hearing 12 cases, due to various reasons.  Here are the details: Justice Deepak Gupta recused from hearing a civil contempt petition (369/2013), Dalip Singh v P.C.Kapoor & Anr, listed before Justice Madan B Lokur and himself on […]

Within a day of each other, the Bombay High Court and the Supreme Court passed judgments in cases both dealing with heinous crimes and involving the death penalty. Earlier today, the Supreme Court passed a 429-page judgment confirming the death penalty for the four accused in the Nirbhaya case. And just yesterday, the Bombay High Court pronounced an equally detailed judgment in a horrific incident that occurred during the Godhra riots of 2002. The difference between the two is that the 430-page High Court ruling did not award the death penalty to the accused. Although the two cases involve very […]

by Puneet Shah A cross border merger refers to the merger of two or more companies in different countries for scaling economies, efficiency, competing and strategic objectives. The Reserve Bank of India (RBI) late last month has issued draft regulations [pdf] on cross border merger, demerger and restructuring between India Inc. and their foreign counter-parts. The RBI draft regulation is a follow up step after Ministry of Corporate Affairs (MCA) amended the Companies rules [pdf] dealing with merger, demerger and restructuring permitting merger of a foreign company with an Indian company and vice versa. While merger of a foreign company with […]

Message to Law Aspirants from Professor (Dr.) C. Raj Kumar, Vice Chancellor, O.P. Jindal Global University & Dean, Jindal Global Law School   Admissions to Jindal Global Law School (JGLS) of OP Jindal Global University (JGU) for the academic year 2017-18 on the basis of LSAT—India Entrance Exam 2017 for 5-year B.A./BBA.LL.B. (H), 3-year LL.B. and 1-year LL.M. programmes are now open. ABOUT JINDAL GLOBAL LAW SCHOOL (JGLS) JGLS is India’s first global law school. It was established with the vision to impart globalized legal education with a view to producing world-class legal professionals, scholars, and academics in law and other […]

Recruitment season has been in full swing over the past couple of months, with the top Indian law firms shoring up their work forces with new hires. Back in 2015, we had done a similar report on the number of students of the graduating 2016 batch hired by law firms. In that report, we found that as many as one hundred and sixty nine fresh hires were made during the 2015 season. This year, that number has increased to two hundred and six. We arrived at this figure going by the complete recruitment statistics of eight law firms. We had […]

Justice Gorla Rohini was sworn in as Chief Justice of the Delhi High Court on April 21, 2014. She retired on April 13, after a tenure of almost three years, or 1088 days in charge. She obtained her degree from Andhra University’s College of Law and enrolled as an advocate in 1980. She served as a Government Pleader, before being elevated as an additional judge of the High Court of Judicature at Hyderabad in 2001. Rohini J was made permanent the following year, and spent twelve years in the AP High Court before her transfer. Month-wise distribution of rulings During […]

Three days ago, the Delhi High Court delivered an important judgment on the role of the Reserve Bank of India (RBI) at the time of remitting foreign exchange that may become necessary in the execution of foreign awards. This decision deserves to be read carefully as it discusses important principles and the ruling will hopefully enable easier execution of foreign awards. The judgment is well-reasoned and it is hoped that the RBI does not appeal against this decision and thereby seriously prejudice the enforcement of foreign awards. In the dispute between Tata Sons Limited and NTT Docomo Inc., the Arbitral […]

by Satvik Varma Starting May 1, 2017, the much awaited Real Estate (Regulation & Development) Act (the “Act”) comes into effect. The ministry of Housing & Urban Poverty Alleviation recently notified 69 out of the total 92 sections of the Act and this set the ball rolling for States to formulate, within a maximum of 6 months, rules and regulations as statutorily mandated. Since land is a State subject under the Constitution, even after the Centre enacts legislation, State governments have to ratify them. States now have to set-up the Real Estate Regulatory Authority’s (“RERA”) and the Real Estate Appellate […]

Prompt delivery of judgments, once they are reserved, is the norm in the Supreme Court; delay is an exception. Last week (April 17-21), fourteen Judges authored 31 judgments,  all delivered promptly, after they were reserved. Of them, Justice Abhay Manohar Sapre, has the distinction of having authored seven of them. Justice Sapre retires on August 27, 2019. His distinction last week may well be explained by serendipity. Justice NV Ramana comes second with four judgments to his credit. Justices Navin Sinha and Mohan M Shantanagoudar authored three each. Justice Kurian Joseph authored three non-reportable judgments. Justices Rohinton Fali Nariman and […]

Last week, [April 17 to 21], eleven Judges of the Supreme Court of India recused from hearing fourteen cases. Here are the details: Justice R Banumathi recused from hearing a civil SLP, P Sundarajan v State of Tamil Nadu & Ors, [5253/2016], a land acquisition and registration matter listed before the bench of Justice Kurian Joseph and herself on April 19. The case arose out of the judgment dated November 16, 2015 delivered by Madras High Court. The matter will now be listed before another bench on July 5. Justice DY Chandrachud recused from hearing a Civil Appeal [5662/2007], Snehadeep […]

The Supreme Court bench of Justices Madan B Lokur and RK Agrawal delivered a judgment on April 10 in a Civil Appeal, seven months after reserving it. The judgment in the case, Mrs Hema Khattar & Anr v  Shiv Khera, was authored by Justice Agrawal, and reserved on September 6 last year. Why did this case take so long to decide?  Let us examine the facts, and the law involved in it. A dispute between two building contractors, who are husband and wife, and the owner of the site was first decided by both a single judge, as well as […]

Last week (April 10-13), Justices RK Agrawal and L Nageswara Rao of the Supreme Court of India recused from three cases each, while Justices Rohinton Fali Nariman, Navin Sinha, Uday Umesh Lalit, SA Bobde, AK Sikri, and S Abdul Nazeer recused from one each. Here are the details: The first case, Kasturba Health Society v Union of India, was listed before Justices Agrawal and Abhay Manohar Sapre on April 10, when the former withdrew from hearing it. This civil SLP arose out of the Gujarat High Court judgment in the case of Kalyan Janta Sahakari Bank Ltd v State of […]

Recently, Gujarat amended its Gujarat Animal Preservation Act, 1954 to prescribe life imprisonment for those found guilty of slaughtering cows, calves, bulls and bullocks. Interestingly, during the Constituent Assembly Debates, Pandit Thakur Dass Bhargava cited Mahatma Gandhi, in whose opinion, cow slaughter and manslaughter were two sides of the same coin (CAD November 24, 1948). Indeed, the amendment brought forth by the Gujarat government is a true reflection of Mr. Gandhi’s opinion in letters. In fact, there are many states in India which have banned cow slaughter, either partially or in total, with strict penal consequences attached to it. This […]

It took almost nine months for the Supreme Court bench of Justices Dipak Misra and Prafulla C. Pant, to conclude that Orissa Olympic Association (OOA) had encroached on the state Government’s land, built commercial properties on it, entered into illegal agreements with a firm to manage those properties, and that there is something rotten in the management of its affairs in fiscal aspects. The judgment, authored by Justice Dipak Misra, was delivered on April 3, although it was reserved after the conclusion of the arguments by the counsel, on July 13 last year. The High Court of Orissa had decided […]

In this edition of Recusal Watch, we find that last week, seven judges of the Supreme Court of India recused from ten cases. Chief Justice of India JS Khehar and Justices AM Khanwilkar and L Nageswara Rao recused from two cases each, while Justices Dipak Misra, J Chelameswar, DY Chandrachud and Navin Sinha recused from one each. Justice Khehar recused from hearing Pravinsingh Bhurabha Chauhan v. State of Gujarat, listed before the bench headed by him and Justice DY Chandrachud on April 3. This civil SLP, originating from the judgment of Gujarat High Court, was later heard by the bench […]

By Kanika Satyan and Manas Ingle Technology has changed the way human beings lead their day-to-day life. The influence technology has had, especially on the gaming and entertainment sector, whether for the positive or for the negative, has changed the perspective of gaming and entertainment all across the world. From enabling us to play real life games and sports virtually, the innovations in this sector are now enabling us to play virtual games in real life environments. Such developments have been brought about by technological improvements like virtual and augmented reality, which have taken various forms in the recent times. Augmented Reality […]

Justice Anil R Dave was elevated to the Supreme Court of India on April 30, 2010. After serving a tenure of nearly seven years, or 2,394 days to be precise, Justice Dave retired on November 18 of last year. He enrolled as an advocate in 1976 and was Solicitor for the Gujarat government. He was also a part-time Lecturer at Sir LA Shah Law College from 1976 to 1995. Justice Dave made the switch to the bench when he was appointed additional judge of the Gujarat High Court in September 1995. Two years later, he would be made permanent judge. […]

On March 30, Justices Prafulla C Pant and Rohinton Fali Nariman delivered two separate verdicts, disagreeing with each other in a criminal case, within eight days of reserving it. Could they have given a unanimous verdict, if they had spent more time discussing it among themselves, to iron out their differences? Possibly, as they had five more weeks at their disposal, going by the ideal time-frame as suggested by the Supreme Court in the Anil Rai judgment. The case, Ganesh Shamrao Andekar & Anr v State of Maharashtra, a Criminal Appeal (547/2007), will now be listed before a three-Judge bench. […]

Last week, the rate of recusals by Supreme Court judges was lower than that of the prior weeks, but the element of suspense in tracking those cases continues unabated. Justice AM Khanwilkar recused from two cases. The first was on March 29, when he withdrew from hearing the civil SLP [10215-10217/2016] ITC Limited v Blue Coast Hotels Ltd. & Ors, which was listed before Justice Dipak Misra and himself. The recusal order stated, “The Registry is directed to list these matters immediately as there is urgency as submitted by Mr. Mukul Rohatgi, learned Attorney General for India appearing for IFCI Ltd.” […]

By Vaneesa Agrawal The SEBI (Prohibition of Insider Trading) Regulations, 2015 (“PIT Regulations”) have led to a lot of confusion in the market. SEBI has released yet another Informal Guidance made public today, which is bound to have far reaching consequences as far as interpretation of the PIT Regulation is concerned. The facts and queries of the Applicant Prabhudas Liladher Pvt. Ltd. can be seen here. This short post is limited to two important legal issues. Applicability of Code of Conduct The first issue that is important to be highlighted is about applicability of the Code of Conduct under the PIT Regulations. Clause […]