This article deals with the tax treatment proposed to be accorded to Senior Advocates under the Goods and Services Tax (‘GST’) regime. It also seeks to provide an overview of the manner in which service tax was levied on Senior Advocates under the previous tax regime and its comparison with the impending GST regime, along with the impact on recipient/client companies. Genesis of service tax on legal services In Roscoe Pound’s words, the ideas involved behind a respectable profession are “Organisation, learning, and a spirit of public service, the remaining idea, that of gaining a livelihood, is incidental.” The legal profession […]

Payal Chawla The much awaited decision of the three judge bench in relation to two-tier arbitrations in the matter of M/s Centrotrade Minerals & Metal Inc. v. Hindustan Copper Ltd. was delivered on 15.12.2016. The Supreme Court framed two issues, but answered only one.  On the first issue i.e. validity of two-tier arbitration, the court held the same to be valid and not against public policy of Indian law. On the second issue i.e. whether the award rendered in the appellate arbitration being a ‘foreign award’ is liable to be enforced under the provisions of Section 48…”, the court observed […]

Vismay P Shroff When I received an email stating that the US State Department had in conjunction with the Ohio Northern University (ONU), Centre for Democratic Governance and Rule of Law, decided to train Afghan Lawyers and that one of the means of doing so would be through an immersive technique known as ‘Moot Courts’, and that they were going to conduct the Philip C. Jessup Moot Court Competition’s Afghan National Rounds in Kabul, in January of 2017, I was hooked from the first line of the mail. I’d heard all these terrible things about Kabul, most of them through […]

The first allotment lists for each National Law University under the Common Law Admission Test (CLAT 2017) were recently uploaded on the CLAT website. A total of 2042 students were allotted seats in the eighteen NLUs, with that number to increase once the 252 special categories seats under Non-Resident Indians (NRIs), Foreign Nationals and Residents of Jammu & Kashmir quotas are filled. Of course, the first lists are expected to undergo a fair bit of chop and change as subsequent merit lists are released. There is also the possibility of these students choosing to opt for non-CLAT colleges like National […]

The global movement to protect the environment began to show signs of life in the 1980s, at a time when the Supreme Court of India was having an awakening of its own. This period coincided with the growth of the concept of Public Interest Litigation, and marked a time when the courts were increasingly taking on issues which affect the people on a larger scale. A slew of matters came to be heard by the apex court, which seemed adamant to grant relief in cases where the . . . To read the entire article, get a premium account With […]

By Dr. Amit George The recent judgment of the National Company Law Tribunal (‘NCLAT’) in Kirusa Software Private Ltd. v. Mobilox Innovations Private Ltd. [Judgment dated 24.05.2017 in Company Appeal (AT) (Insolvency) 6 of 2017] has been welcomed for having provided an authoritative pronouncement on the meaning of the terms ‘dispute’ and ‘existence of dispute’ as appearing in Sections 8 and 9 of the Insolvency & Bankruptcy Code, 2016 (‘Insolvency Code’). While the judgment provides some much needed definitional clarity on certain fundamental concepts that lie at the very heart of the Insolvency Code, it is relevant to take note […]

President of India Pranab Mukherjee recently gave his assent to the Prohibition of Child Marriage (Karnataka Amendment) Bill, 2016, which puts in place stricter provisions to deter the practice in the state. The Bill, which was amended and passed by the state assembly last year, found its way to the Central Home Ministry, which had in turn sent it to the President for his . . . To read the entire article, get a premium account With a premium account you get: One year of unrestrcited access to previous interviews, columns and articles One year access to all archival material Access […]

Satvik Varma & Vikrant Pachnanda The Director General of Civil Aviation (DGCA), India’s aviation watchdog, recently issued a Civil Aviation Requirement (CAR) regarding handling of unruly/disruptive passengers. Issued under the Aircraft Rules, 1937 and framed in pursuance of the Indian Aircraft Act, 1934, the CAR acknowledges that unruly behavior of any sort, on board an aircraft or during embarkation/disembarkation, interferes with the performance of crew members’ duties. It also notes that such disruptive behavior jeopardizes the safety of the aircraft, the persons on board and most importantly, affects good order and discipline on a plane. Recognizing the potential harm, any […]

Nikita Agarwal   Earlier this week, the Chhattisgarh High Court ordered the authorities to produce Podiyam Panda in a habeas corpus petition filed by his wife. The press release sent by the Sukma Police to various WhatsApp groups following the production and testimony of Panda illustrates the impunity with which the Chhattisgarh police not only maligns and intimidates advocates seeking accountability for police excesses, but also resorts to actions amounting to contempt of court. On May 12, Podiyami Muiye, the Sarpanch of Chintagufa in Sukma, along with her family, approached us, the Jagdalpur Legal Aid Group. She sought legal representation […]

CLAT Mentor Rajneesh Singh takes us through the expected cut offs for the CLAT 2017 examination. He also advises candidates on how to approach the coming few days. Why do I do this every year? I started almost 14 years ago, but for CLAT it started in 2009. In 2008, after NLSIU had closed its admissions after a third list, there were still many seats vacant. Those were filled up later individually by various NLUs taking out their own lists or the way they wanted to. I remember the majority did not know about the same. This gave an advantage […]

The Centre for Public Policy Research (CPPR), Kochi, recently released a report titled Assessment of Commercial Dispute Resolution (CDR) in South India. The report aims to highlight the shortcomings of the CDR environment in the states of Karnataka, Kerala and Tamil Nadu. The data was arrived at after consulting entrepreneurs, industrialists, practitioners, lawyers and academicians from the three states. The study was undertaken with support from the British Deputy High Commission in Chennai. CPPR’s report contains some interesting . . . To read the entire article, get a premium account With a premium account you get: One year of unrestrcited […]

Earlier this year, the Supreme Court delivered its judgement in the disproportionate assets case against former Tamil Nadu Chief Minister J Jayalalithaa and her aides. The case crawled through various courts for more than two decades, causing a significant dent to the public exchequer. So just how much did the Karnataka government spend on counsel fees to fight the case in the Special Court? Before revealing that answer, it is pertinent to note how the authorities have acted on the RTI application filed way back in November of last year. The initial response to the query ‘How much did the […]

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 . . . To read the entire article, get a premium account With a premium account you get: One year of unrestrcited access to previous interviews, columns and articles One year access to all archival […]

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 . . . To read the entire article, get a premium account With a premium account you get: One year of unrestrcited access to previous interviews, columns and articles One year access […]

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 . . . To read the entire article, get a premium account With a premium account you get: One year of unrestrcited access to […]

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 . . . To read the entire article, get a premium account With a premium account you get: One year of unrestrcited access to previous interviews, columns and articles One […]

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 . . . To read the entire article, get a premium account With a premium account you get: One year of unrestrcited access to previous interviews, columns and articles […]

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 . . . To read the entire article, get a premium account With a premium account you get: One year of […]

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 . . . To read the entire article, get a premium account With a premium account you get: One year of unrestrcited access to previous interviews, columns and articles One year access to all […]

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 . . . To read the entire article, get a premium account With a premium account you get: One year of unrestrcited access to previous interviews, columns and articles One year access to all archival material Access to all Bar & Bench reports Register Already a subscriber ? Login

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 . . . To read the entire article, get a premium account With a premium account you get: One year of unrestrcited access to previous interviews, columns and articles One year access to all archival material Access to […]

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 . . . To read the entire article, get a premium account With a premium account you get: One year of unrestrcited […]

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 . . . To read the entire article, get a premium account With a premium account you get: One year of […]