Justice Jayant Patel of Karnataka High Court resigned yesterday protesting over his non-elevation as Chief Justice of High Court. It is widely believed that Justice Patel was handed out a raw deal because he had failed to toe the line of the executive while he was a judge of the Gujarat High Court. Senior Advocate Yatin Oza has time and again pointed out the unfair treatment meted out to Justice Jayant Patel. In an interview to Bar & Bench, Oza had said, “Likewise, Justice Jayant Patel was transferred to Karnataka as ‘number four’ judge? What was his fault – that […]

In what seems to be the straw that broke the camel’s back, Karnataka High Court judge Justice Jayant Patel has resigned as of this afternoon, protesting his non-elevation as Chief Justice or Acting Chief Justice of the High Court, sources reveal. Justice Patel, who is the senior-most puisne judge of the Karnataka High Court, sent his resignation letter to Chief Justice SK Mukherjee, who is set to retire on October 9, unless he is elevated to the Supreme Court. It is understood that Justice Patel has resigned in protest over his transfer to the Allahabad High Court, where he would be third […]

The Delhi High Court today set aside the order of a trial court convicting Director Mahmood Farooqui of rape. Farooqui was sentenced to seven years in prison by a Special Fast Track Court in Saket after he was found guilty of forcing oral sex upon a foreign national in 2015. The brief facts of the case are that Farooqui had invited the prosecutrix – who was in India to pursue her PhD work in the field of Hindi literature and Nath Sampraday – to his house for dinner. When she arrived, the prosecutrix found that the appellant was visibly upset […]

The Madurai Bench of the Madras High Court has directed that Law Officers be appointed within a period of six weeks from the order passed on September 12. The order was passed by a Division Bench of Justices KK Sasidharan and GS Swaminathan in response to a PIL filed by R Rajaselvan. The Tamil Nadu government had passed orders terminating the services of government pleaders and public prosecutors in seven districts. Alleging that the move was politically motivated and implemented without following prescribed procedures, aggrieved advocates filed writ petitions in both Benches of the Madras High Court. On July 5, […]

The Bombay High Court has observed that the trend of seeking recusal of judges is increasing and it has to deprecated and discouraged and nipped in the bud. The observations were made in an order passed on September 6 by a Bench of Justices PD Naik and SC Dharmadhikari in an Income Tax Appeal, in response to the objection raised by the respondent to Justice Dharmadhikari hearing the matter. The Court began its order by recording the objection of the respondent, who appeared in-person. “…the respondent – party-in-person raised a specific objection.  That objection is as follows. 2 He submits […]

The Madhya Pradesh government has terminated the services of two additional district judges (trainees) for violating the two-child rule that makes employees ineligible for service if their third child was born after January 26, 2001. According to Indian Express, the two judges who have been terminated are Additional District judges Manoj Kumar and Ashraf Ali, who were posted in Gwalior and Jabalpur respectively. The decision to terminate the services of the two judges was taken after the recommendation to that effect by the administrative committee of Madhya Pradesh High Court under Rule 9C of the Madhya Pradesh Higher Judicial Service (Recruitment and […]

An eventful evening unfolded at the Australian High Commission in New Delhi on Saturday, as a unique course titled ‘Advanced Sport Law and Governance’, was launched by the Centre for India Australia Studies at Jindal Global Law School (JGLS). The course will be taught at the JGLS in association with the TC Beirne School of Law (University of Queensland). Law students of the Queensland University, along with Professors Sarah Kelly and Shaun Star, will also attend a week long orientation program at JGLS. Speaking at the event, the Deputy High Commissioner of the Australian High Commission Chris Elstoft stated, “There are various education […]

A petition has been filed in the Supreme Court challenging the arbitrary manner in which the passport of a British citizen has been seized by the customs authority. In a petition drawn by Advocates Renjith B Marar and Vasudha Gupta and filed by advocate Lakshmi N Kaimal, the petitioner, one Dipak Bajaj has also raised an interesting legal issue –  that of absence of any law in India regarding treatment of a foreign passport. The cause of action, in the instant case arose when the petitioner was stopped at Sonauli by the Sashtra Seema Bal while returning from Nepal. During […]

The Delhi High Court on Thursday reserved its judgment on AAP leader Raghav Chadha’s plea challenging his impleadment in the Arun Jaitley defamation case on the ground that a retweet cannot form the basis for criminal prosecution. After arguing for 3 hours each on two consecutive days, Senior Advocates Siddharth Luthra (for Jaitley) and Anand Grover (for Chadha) concluded on the third day before the Single Judge Bench of Justice Sangita Dhingra Sehgal. On day 2 of the hearing, Luthra had stated that there are four elements to this scenario, namely, public statements (made by the accused including Chadha), press […]

The Delhi High Court yesterday issued several directions to authorities of Delhi, Punjab, Haryana, Rajasthan and Uttar Pradesh aiming to prevent air pollution arising out of crop burning. The Court had taken suo moto cognizance of Delhi’s air pollution problem in 2015 and has been examining the causes for excessive pollution in the city, while passing necessary orders from time to time. The Division Bench of Justices S Ravindra Bhat and Sunil Gaur observed, “The serious deterioration of air quality in the Capital and the National Capital Region (NCR) is a matter of grave public concern and the steps taken […]

A petition has been filed with the Madras High Court calling for the revamp of the existing system of faculty appointments at Institutes of National Importance such as National Institutes of Technology (NITs), Indian Institutes of Technology (IITs) and Indian Institutes of Science and Educational Research (IISERs). Party in person, Advocate VBR Menon appeared yesterday before the First Bench of Chief Justice Indira Banerjee and Justice M Sundar. In his petition, Menon has contended that current qualification criteria and the procedure followed in making faculty appointments is neither transparent nor objective. Candidates are not aware of the criteria based on […]

The Delhi High Court yesterday issued notice to the Ministries of Information Technology and Telecom, as well as Foodpanda, Dunkin Donuts and Airtel, in a plea seeking directions against these companies for infringing the Right to Privacy under Article 21 by sending unsolicited commercial messages. The petitioner, Arvind Singh, stated that he had been receiving these messages even though he had subscribed to the ‘Do Not Disturb’ (DND) facility of the service provider. It is further stated that despite registering complaints and numerous requests, these messages are being sent at regular intervals. It is alleged in the petition, “Respondent No. […]

The Supreme Court has directed the State of Uttar Pradesh to honour the pending bills of former Additional Advocate General (AAG) Ranjit Rao, within a period of eight weeks. The direction was given by a bench of Justices Ranjan Gogoi and Navin Sinha in an appeal filed by Rao against a judgment of the Allahabad High Court. Rao was appointed an Additional Advocate General for the State of UP on February 4, 2015. He was tasked with appearing and conducting cases before the Supreme Court. He tendered his resignation on March 4, 2017. Dispute arose when Rao submitted his appearance bills […]

The Supreme Court has held that the National Green Tribunal (NGT) does not have the jurisdiction to interfere with the appointments of to State Pollution Control Boards (SPCB) or lay down specific rules and guidelines for recruitment of the Chairperson and members of SPCBs. The judgment, which was passed by Justices Madan B Lokur and Deepak Gupta, however, took note of the failure of various State governments to appoint professional and experienced persons to key positions in the SPCBs and directed the States to frame appropriate recruitment rules within six months to govern such appointments to SPCBs. The judgment was […]

The Madras High Court today indicated what would amount to punishable abuse on social media and other online platforms. Certain observations to this effect were made by Justice N Kirubakaran, who is currently hearing a batch of petitions pertaining to strikes called by government teachers in the state. Last week, attention was drawn to various defamatory and abusive messages broadcast across various social media platforms, reacting to comments made by the judge in the course of hearing the instant case. The advocates raising the issue had contended, “If it is not checked and nipped in bud, then any person who […]

The petitioners in the Rohingya matter pending before the Supreme Court have filed a rejoinder to the Centre’s stand on the issue. Mohammed Salimullah, the lead petitioner, who belongs to the Rohingya community, proceeded to counter the claims made by the central government in its affidavit filed earlier this week. Below are the primary issues raised by the petitioners in the rejoinder: Not all Rohingyas The petitioners have belied the Centre’s stand that the Rohingya refugees have links to ISIS and Pakistani terror outfits, and have perpetrated violence in Jammu & Kashmir. Reference is made to a statement made in […]

The Supreme Court of India recently passed a judgment laying down its interpretation of the terms dispute and existence of dispute under the Insolvency and Bankruptcy Code (IBC), 2016. The Bench of Justices Rohinton Nariman and Sanjay Kishan Kaul held that a dispute is said to exist as long is it not a spurious or hypothetical one. As long as that is the case, Section 9 (5)(ii)(d) of the IBC would be triggered. The facts of the case are that the appellant company was engaged for conducting tele-voting for the dance programme Nach Baliye. The appellant had sub-contracted the same […]

Senior Advocate Indira Jaising today made some pertinent submissions in the Supreme Court relating to compensation of rape victims. The submissions were made in a plea filed by Jaising seeking details of compensation and other measures undertaken by States under Section 357A of the Code of Criminal Procedure. Jaising, who is also the Amicus Curiae in the case, told the Court today that actual disbursement of compensation money was not happening. Further, she also submitted that due to the non-uniformity in the schemes framed by different States, there is big difference in the money awarded to rape victims in different […]

The Supreme Court has widened the scope of front-running and ruled that ‘non-intermediary front-running’ in the securities market will be brought under the prohibition prescribed for fraudulent/ unfair trade practices. The 60 page judgment by a bench of Justice Ramana and Justice Gogoi observed that “unfair trade practice” is not an expression clearly defined. The court clubbed four petitions, two filed by the Securities and Exchange Board of India (SEBI) and two by individuals, since the Securities and Appellate Tribunal (SAT) had taken two different views on whether “non-registered SEBI intermediaries” could be charged with front-running. The primary case is against […]

The Orissa High Court Bar Association today filed a writ petition in the High Court seeking a judicial inquiry into the recent raid conducted by the CBI at a sitting judge’s residence. In the early hours of yesterday morning, CBI officials attempted to forcefully enter the residence of Justice CR Dash to conduct a raid. It later came to light that the CBI officials intended to raid the residence of former Orissa High . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year of unrestrcited access to previous […]

In an order grounded on conservative values, the Punjab and Haryana High Court recently released three rape accused on bail, after devoting fair effort into patronising and shaming the victim. The order passed by Justices Mahesh Grover (pictured left) and Raj Shekhar Attri (pictured right) is intended to “balance the concerns of the victim, demands of society and law and the element of reformatory and rehabilitative justice.” The three accused were former students in Jindal Global Law School, while the prosecutrix was part of the Management School at OP Jindal University. It is the case of the prosecutrix that all three accused had forced […]

The Calcutta High Court today passed an interim order allowing immersion of Durga idols on the day of Muharram. The High Court also directed the police to designate routes for immersion and Tazia processions. The order to that effect was passed by a Bench of Acting Chief Justice Rakesh Tiwari and Justices Harish Tandon in a petition filed by Youth Bar Association of India. The petitioner association was represented by advocates Kuldeep Rai, Raj Dip . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year of unrestrcited access […]

The Delhi High Court today gave the Delhi Police eight weeks to file the final report in its investigation into the mysterious death of socialite Sunanda Pushkar. The Court stated that it will not allow any more delay in the investigation, which had been reinvigorated by BJP MP Subramanian Swamy’s PIL seeking a court-monitored SIT probe. The Police stated that it will use narco analysis techniques to question the people involved the case . . . 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 […]

Days after the Central Bureau of Investigation (CBI) filed an FIR against Justice IM Quddusi and four others, the former judge of the Allahabad, Orissa and Chhattisgarh High Courts has been arrested. Quddusi is said to be involved in a racket involving the opening of medical colleges in Uttar Pradesh. The custodians of Prasad Education Trust, which owned of one of the 46 medical colleges barred by the central government, had allegedly approached Quddusi and three others with a view to settling a matter involving permission to set up medical colleges pending in the Supreme Court. The members of the […]

The National Company Law Appellate Tribunal (NCLAT) has granted to Cyrus Mistry what the Mumbai Bench of NCLT did not, a waiver to move on to merits. After a long hault, the proceedings initiated by Cyrus Mistry through his investment entities (Cyrus Investments Pvt. Ltd. and Sterling Investment Corporation Pvt. Ltd.) against Ratan Tata, Tata Sons and others have revived. Mistry

The Jaipur Bench of the High Court of Rajasthan yesterday passed interim directions to address the concerns raised by GST taxpayers in the State owing to technical glitches in the Goods and Services Tax Network (GSTN) website. The order was passed by a division bench comprising of Justices KS Jhaveri and Vijay Kumar Vyas. The order was passed in response to a petition preferred by the Rajasthan Tax Consultants Association drawing attention to . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year of unrestrcited access to previous […]

IC Legal, Advocates & Solicitors and Universal Legal, Attorneys at Law have merged to form ‘IC Universal Legal, Advocates & Solicitors’ (ICUL) effective from September 21, 2017. The combined strength will be 100 members, including 15 Partners and 7 offices across India. The merged entity has offices in Mumbai, Bengaluru, Chennai, New Delhi, Ahmedabad and Chandigarh and has affiliate offices in Los Angeles, Santa Clara, New Jersey, Atlanta and Washington. Universal Legal had commenced its operations in 2004 with . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One […]

While the impending regulations governing Peer-to-Peer (P2P) lending platforms are awaited, the Reserve Bank of India (RBI) has notified that such platforms will fall under the ambit of a Non-Banking Financial Company (NBFC). The gazetted notification further defines what the business of P2P lending is, “the business of providing under a contract, the service of loan facilitation, via online medium or otherwise, to the participants who have entered . . . 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 articles One […]

In a development that could well send skeletons from the higher judiciary’s closet tumbling out, the Central Bureau of Investigation (CBI) has registered a case under the Prevention of Corruption Act against former judge of the Allahabad and Orissa High Courts, Justice IM Quddusi. The CBI is probing Quddusi J’s alleged role in a racket involving the opening of medical colleges in Uttar Pradesh. An annexure attached to the FIR lodged by the CBI reveals that two . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year of […]

The Madras High Court today passed an order extending the interim stay passed last week on the conduct of a Floor Test in the Tamil Nadu Legislative Assembly. It also directed that elections to fill seats belonging to recently disqualified AIADMK MLAs not be held until further orders are passed. 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 articles One year access to all archival material Access to all Bar & Bench reports Register Already a subscriber […]