Amid all the hype and popularity of taking over the management of the affairs of the Corporate Debtor under the Insolvency And Bankruptcy Code, 2016 (IBC), a NAVRATNA enterprise has become the first company in India to take over management of a debtor under provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI). Rural Electrification Corporation Ltd. (REC), a NAVRATNA Central Public Sector Enterprise established under the Ministry of Power of Government of India, has become the first company in India to take over management under the SARFAESI. REC has initiated action […]

A petition praying for a writ of Habeas Corpus has been filed in the Delhi High Court by the mother of Dr. Suyash Gupta who has been missing since August 24. Dr. Suyash Gupta is the prime suspect involved in the death of fellow doctor Shashwat Pande. The petitioner Vandana Gupta and her husband reached the Police Station on August 25, where they were informed that their son was involved in an altercation with the deceased. The petition filed through Advocate Jayant Bhatt states that, “Upon reaching the Police Station, the phone of the petitioner was taken away by the police […]

The Madras High Court yesterday heard a petition filed against the recent move of the Tamil Nadu Bar Council to prohibit 742 advocates from practicing law. The Bar Council had found that these advocates were violating Rule 5 of the Legal Education Rules, 2008. Rule 5 of the Legal Education Rules prescribes the minimum qualification required in order to be eligible to apply for admission to a law course. After hearing initial submissions, the First Bench of Chief Justice Indira Banerjee and Justice M Sundar, held that it would be against the principle of Natural Justice to prohibit practice by […]

The Delhi High Court is hearing a public interest litigation seeking a direction to the RBI to withdraw the newly launched Rs.50 banknote, as it allegedly does not have the identification mark for the visually impaired. The petition filed by Advocate Rohit Dandriyal also seeks issuance of new Rs.50 banknotes by the RBI with identification mark for the visually challenged. The petition states that, “The old banknote had the identification mark on the left side which could be felt by touch and helped the visually impaired to identify the denomination whereas in the new note, there is no identification mark […]

Former Economic Laws Practice Partner Jyoti Pawar has joined Infosys as Deputy General Counsel. Pawar will be reporting to Inderpreet Sawhney, who was appointed as Infosys General Counsel in June this year. Pawar had joined ELP from Bharti Airtel – where she was the General Counsel –  in 2014, to head the TMT Practice at the firm. She later left ELP to set up her independent practice. A graduate of Government Law College, Mumbai, Pawar started her career with Mulla & Mulla in 1992 and worked there for almost nine years, before moving in-house with GE Money as Vice President – […]

The Delhi High Court yesterday directed the Delhi Police Commissioner to come up with a strategy for dealing with increasing instances of crime against women in the capital region. The direction was given by the Division Bench of Justices S Ravindra Bhat and Sanjeev Sachdeva while hearing a matter on the state of women’s safety post the Nirbhaya gangrape. The Court had taken suo motu cognizance of the same. Advocate Meera Bhatia, who is the amicus curiae in the matter, informed the Court that the Police is completely aware of the profiles of offenders and is also cognizant with the types of […]

The Supreme Court on Thursday held that freedom of speech and expression is sacrosanct, while dismissing a writ petition seeking deletion of certain scenes from the documentary on Arvind Kejriwal titled An Insignificant Man. The plea also sought a stay on the release of the documentary. The order was passed by a Bench of Chief Justice Dipak Misra, Justices AM Khanwilkar and DY Chandrachud. The plea was filed by Nachiketa Walhekar, a former BJP worker, who had sought deletion of specific scenes from the documentary in which he was shown throwing ink on Delhi CM Kejriwal. It was filed through AoR Divyesh […]

The Madras High Court has upheld the state government’s decision to insist that vehicle users carry their original driver’s licence. This was effectively confirmed by the First Bench of Chief Justice Indira Banerjee and Justice M Sundar while dismissing an appeal made by the All India Confederation of Goods and Vehicles Owners Association. Last August, a memorandum had been issued by the state to the effect that those found driving without carrying their original driver’s licence would be prosecuted under Sections 130 and 171 of the Motor Vehicles Act, 1988. The memo was set to take effect on September 1, […]

The Delhi High Court today gave its clearance to the Airtel Half Marathon, which is scheduled to take place in New Delhi on November 19, after certain assurances were given by the organizers of the event. The organizers submitted before the Court that they are well equipped to deal with any medical emergency, which might surface due to the current pollution levels in the national capital. The organizers also stated that they will set up 2 medical camps and have 75 doctors along with 100 nurses and 50 physiotherapists. Also, there will be 12 water stations and almost 1 lakh […]

More than a year after he was appointed, Advocate General for the state of Assam Chinmoy Choudhury has resigned from the post. Confirming the development to Bar & Bench, Choudhary said, “I had given some suggestions regarding the administration of the Advocate General’s office, but they [the state government] were not willing to listen. Therefore, I resigned.” Choudhury was appointed as Advocate General in July 2016, after the BJP came to power in Assam one month before that. He has over three decades of experience as a lawyer, having joined the Bar in 1983. He was made Senior Government pleader […]

London City law firm Rosenblatt has recently appointed Ajit Mishra as Partner and Head of India Desk. Prior to joining Rosenblatt, Ajit was co-heading the India practice at Penningtons Manches LLP. Before that, he was running his own law firm called ‘City Law Practice’, which also had a mutual referral agreement with UK-headquartered law firm Wragge & Co LLP. Ajit had also previously headed Fox Mandal’s London office for five years. A dual qualified corporate lawyer in both India and England & Wales, Ajit has a strong track record in corporate and commercial law, specialising in cross-border foreign direct investment laws. Ajit […]

The Supreme Court last week stayed the Delhi High Court’s order setting aside the elections held by the All India Football Federation (AIFF). A Bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud passed the order in a petition by the AIFF. The Delhi High Court had set aside the election of Praful Patel as President of the AIFF, and the same was challenged in the Supreme Court. Senior Advocates Abhishek Manu Singhvi and Amarendra Sharan, assisted by Karanjawala & Co Partner Debmalya Banerjee, appeared and argued on behalf of the petitioners. In his submissions, Singhvi contended that the elections held were legal […]

The Delhi High Court yesterday heard the arguments in IndiGo Airlines’ plea challenging DIAL’s (Delhi International Airport Limited) decision to shift part of its operations from Terminal 1D to Terminal 2 of the Delhi airport. The petition filed under Article 226 of the Constitution challenges the decision by DIAL whereby one airline (Go Air) was allegedly permitted to shift its entire operations to Terminal 2, while the other two airlines (IndiGo and SpiceJet) were directed to relocate their operations in ‘part’. Appearing for IndiGo, Senior Counsel Sandeep Sethi stated that the decision take by DIAL was irrational and wholly arbitrary. […]

The Madras High Court recently quashed Income Tax proceedings sought to be re-opened against P Chidambaram, Nalini Chidambaram, Karti Chidambaram and his wife, Srinidhi Rangarajan for transactions dating back to the assessment year 2009-2010. Justice TS Sivagnanam of the High Court held that the re-assessment proceedings were unjustified on three primary grounds. Facts The IT department had sought to initiate re-assessment proceedings in relation to certain transactions on a coffee estate owned by the Chidambaram family. The said transactions related to growing, pulping and drying of coffee. The proceeds of raw coffee sold thus, the petitioners submitted, was exempted from tax […]

By Amit H Wadhwani At last, financial institutions and secured creditors of real estate projects in Maharashtra can breathe a sigh of relief. The Maharashtra Real Estate Regulatory Authority (Regulatory Authority) has provided much needed clarity on the implication of Section 15 of the Real Estate (Regulation and Development) Act, 2016 (Act). Section 15 (1) of the said Act states as follows: The promoter shall not transfer or assign his majority rights and liabilities in respect of a real estate project to a third party without obtaining prior written consent from two-third allottees, except the promoter, and without the prior written […]

The Supreme Court has for the second time allowed settlement to be recorded after admission of case under the Insolvency and Bankruptcy Code, 2016 (IBC). This power was invoked under Article 142 of the Constitution which allows the Supreme Court to “pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it.” A similar ruling, in July 2017, was passed by the same bench, comprising Justice Rohinton Nariman and Justice Sanjay Kishan Kaul. The reason why parties have to resort to this provision of the Constitution is that IBC […]

More than a week after students of the National Law Institute University (NLIU) Bhopal began protesting the state of affairs at the law school, Chief Justice of the Madhya Pradesh High Court and Chancellor of NLIU Hemant Gupta has called for a new Director to head the University. The same was resolved after a delegation of students met with Chief Justice along with Justice JK Maheshwari of the High Court, Advocate General of the state Purushendra Kaurav, Senior Advocate Vivek Tankha and Principal Secretary of the State Legislative Department AM Saxena. After hearing the grievances of the students, the Chancellor […]

While hearing an application for bail, the High Court of Calcutta has pulled up the Public Prosecutor for allegedly failing to declare prosecution witnesses as hostile, even though they were found to have been going back on the statements furnished by them to the police. During the course of hearing, it was brought to the attention of the Division Bench of Justices Moushumi Bhattacharya and Jyomalya Bagchi that the prosecution witnesses in the case had resiled from their Section 161 statements and therefore become hostile. The petitioner/bail applicant had therefore sought bail on the ground that it was a case of […]

The Maharashtra government has undertaken to pay Rs. 100 crore as compensation for the restoration of the Ulhas and Waldhuni rivers after the Supreme Court summoned the Chief Secretary of the State. The Bench of Justices Madan B Lokur and Deepak Gupta recorded the undertaking given by the State in the case of Municipal Commissioner, Ulhasnagar Municipal Corporation v Vanashakti Public Trust & Ors. The case pertained to the heavy pollution that was taking place in the Ulhas and Waldhuni rivers flowing through Maharashtra. In 2015, after observing that the rivers were critically polluted, the NGT had passed a detailed […]

Former Supreme Court judge, Justice V Khalid passed away. He was 95. Justice Khaild graduated in law from Madras Law College and enrolled as advocate in 1948. He practiced in Cannanore, Tellicherry and Ernakulam before being elevated as a High Court judge in 1974. He was elevated to the Supreme Court in 1983 and retired from service on June 30, 1987. Image taken from here. 

Lawrence Liang has been awarded the 2017 Infosys Prize in the field of Social Sciences. A Professor at the School of Law, Governance and Citizenship at Ambedkar University in Delhi, Liang has been recognized for his prodigious output in the fields of copyright law, digital technologies and media, and popular culture, and for, “…consistently raises probing questions about the nature of freedom, rights, and social development. His provocative answers link historical context and ethical practice in unexpected and illuminating ways.” Liang is a graduate of National Law School of India University, Bangalore, and also holds an LL.M. from Warwick University. He […]

Murali Krishnan and Aditya AK The Supreme Court is set to reopen the debate on reservations in promotion once again, in view of a challenge relating to the interpretation of Articles 16(4), 16(4A) and 16(4B) of the Constitution. A three-judge Bench of Chief Justice of India Dipak Misra and Justices AK Sikri and Ashok Bhushan today referred the matter in State of Tripura & others vs Jayanta Chakraborty to a Constitution Bench to decide specifically on whether the 2006 Supreme Court judgment in M Nagaraj v. Union of India should be reconsidered. This Constitution Bench will decide the limited question of whether […]

The Delhi High Court yesterday passed a comprehensive judgment in the case of GMR Energy Limited v. Doosan Power Systems India Pvt. Ltd, which could contribute immensely to the arbitration jurisprudence in the country. The matter was regarding the ongoing arbitration between GMR Chhattisgarh Energy Limited (GCEL), GMR Infrastructure Limited (GIL), GMR Energy and Doosan India for development of a 1350 MW Coal Fired Thermal Power Plant at Raikheda in Chhattisgarh. In the suit, GMR Energy sought a decree of permanent injunction restraining Doosan India from continuing with the arbitration proceedings before the Singapore International Arbitral Centre (SIAC), claiming that it […]

Justice S Vaidyanathan of the Madras High Court has laid down certain procedures to be complied with before filing cases, to guard against practice by fake advocates. While passing the order, he has also recommended that the Advocates Act be appropriately amended to allow enrolment of advocates only after they have passed the All India Bar Examination (AIBE). The directions were issued while disposing of a petition for anticipatory bail in a divorce case. While hearing the case, the . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One […]

Delhi High Court judge Justice Ashutosh Kumar has been transferred to the Patna High Court. The President after consultation with the Chief Justice of India signed off on the transfer in exercise of his powers under Clause (1) of Article 222 of the Constitution. Justice Kumar is to assume charge of his office at the Patna High Court by November 28. Justice Ashutosh Kumar did his LL.B. from Campus Law Centre, Delhi University. He enrolled as an advocate in 1991, at Patna High Court. He was elevated as an Additional Judge of Patna High Court on May 15, 2014. He […]

Through two notifications issued today, the Government has effected the transfer of two High Court judges – Justice Ved Prakash Vaish and Justice Satrughana Pujahari. Justice Ved Prakash Vaish of the Meghalaya High Court has been transferred to the Allahabad High Court, whereas Justice Satrughana Pujahari of the Orissa High Court has been transferred to the Madras High Court. Justice VP Vaish graduated in 1984. In the same year, he enrolled with the Delhi Bar Council. He joined the Delhi Higher Judicial Service in 1997. He was elevated as an Additional Judge of the Delhi High Court on April 17, […]

Justice Jasti Chelameswar has recused from hearing the case relating to allocation of judges between Telangana and Andhra Pradesh. The order passed today states, “List the matters before the Bench of which one of us (Mr. Justice J. Chelameswar) is not a member.” Justice Chelameswar had been hearing this matter for a very long time. According to the details available on the Supreme Court website, Justice Chelameswar first heard the . . . Facebook Comment 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 […]

The Supreme Court today deprecated the conduct of lawyers involved in filing a second petition in the Medical college bribery case terming it as ‘forum shopping’ and ‘contemptuous’. A Bench of Justices RK Agarwal, Arun Mishra and AM Khanwilkar delivered the verdict in the petition by advocate Kamini Jaiswal. The Court also held that the controversial FIR by CBI is not against any judge nor can an FIR be registered against a judge. Besides, the Court also held that the CJI was competent to assign the matter to the current Bench. Following are the takeaways from the judgement: FIR is […]

The Supreme Court yesterday issued notice to the Centre and the Reserve Bank of India in a petition seeking the regulation of Bitcoin and other cryptocurrency in India. The order was passed by a Bench of Chief Justice Dipak Misra, and Justices AM Khanwilkar and DY Chandrachud. The petition filed by advocate Dwaipayan Bhowmick seeks directions to control the flow of Bitcoin by forming a committee to frame an appropriate mechanism to regulate . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year of unrestrcited access to previous […]

Last week, on November 6, 2017, a special seminar titled “The Changing Landscape of Arbitration” was held at the India Habitat Center in New Delhi as an introduction to the International Council for Commercial Arbitration (ICCA) conference, which is stated to be held in Sydney in 2018. The opening address was given by none other than Senior Advocate Fali Nariman, who is also a staunch proponent of making India a hub of international arbitration.