The Delhi High Court has recently directed that once the advance copy of applications are served on the counsel of the litigants, orders would be passed without any further notice being issued. The Single Judge Bench of Justice Pratibha M Singh passed the said direction in the matter between Swarupi Devi and Ors. and Suresh Nagar while observing that, “It is noticed that in almost all fresh applications despite service of advance notice the counsel do not appear and this results in adjournment being granted and notice being issued once again.” Therefore, the Registry has already circulated a note in this […]

Last month, Luthra & Luthra Law Offices won the Society of Indian Law Firms (SILF) Cricket tournament 2017 (Plate League), held at Jamia Hamdard grounds, New Delhi. The final match was played between Luthra and Shardul Amarchand Mangaldas, where Luthra scored 174 runs and restricted Shardul Amarchand to just 112 runs. Luthra’s Sachit Mathur was adjudged Man of the Match (for his quick fire knock and picking up a wicket) and Prashant Mishra was adjudged the best Batsman of the final. Prashant was also declared player of the tournament for scoring 400 runs in 6 matches. Soumil Garg was declared as the best fielder. […]

Senior Advocate Dushyant Dave has recently penned an article on death of Judge Loya. In the article, Dave has alleged conflict of interest on the part of Senior Advocate Pallav Shishodia. Shishodia had appeared for one of the petitioners, Bandhuraj Lone, in the PIL filed in Supreme Court seeking probe into the death of Judge Loya. In the piece, Dave has argued that Shishodia had appeared for Amit Shah in 2011 in the appeal filed by the CBI challenging the grant of bail to Amit Shah in the Sohrabuddin encounter case. Shishodia has now responded to Dave’s allegation. Below is his […]

Supreme Court has reiterated that caste of a person is determined by birth and it cannot be changed by marriage. A Bench of Justices Arun Mishra and M Shantanagoudar made these observations in a recent judgment in a case relating to the caste of a woman who had been born in a General Caste category. The appellant, Sunita Singh, who was born in a General caste community married Dr. Veer Singh belonging to a Scheduled Caste community. After the marriage, a caste certificate was issued to her by the District Magistrate/ Collector certifying her as belonging to Scheduled Caste community […]

The Madurai Bench of the Madras High Court has dismissed the state’s appeal against its order directing that all sand mining and quarrying activities in the state be wound up within six months. The order was affirmed by a Division Bench of Justices K Kalyanasundaram and T Krishnavalli. In November last year, Justice R Mahadevan had issued the impugned direction, while considering a plea against state restriction on transport of silica sand, that had been imported by the petitioner from Malaysia. The state adopted the stance that it was well within its powers to do so under state laws, namely the […]

The Bombay Lawyers Association (BLA) has filed a Public Interest Litigation (PIL) in the Bombay High Court praying that the Central Bureau of Investigation (CBI) be directed to challenge Amit Shah’s discharge by a Special CBI court in the Sohrabuddin encounter case. The petitioners, represented by advocate Ahmed Abdi, have contended that the CBI chose to challenge the discharge of three accused police officers in the case in 2014, but failed to challenge the discharge of Bharatiya Janata Party (BJP) President Amit Shah. This, they have contended, is “arbitrary” and “reeks of malafide”. “The trial court has similarly discharged two Rajasthan […]

In what could turn out to be a significant litigation in the coming months, certain persons belonging to Schedule Caste/Schedule Tribe (SC/ST) communities have moved the Supreme Court seeking exclusion of the creamy layer from availing benefits accorded to SC/STs. The petition came up for hearing today a Bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud, which directed that a copy of the petition be served on the Central Agency within a week. Advocate Gopal Sankaranarayanan appeared for the petitioner. In the petition drawn by advocate Shobit Tiwari and filed through advocate RC Kohli, the […]

The MLAs of the Aam Aadmi Party (AAP) who were recently disqualified by the Election of Commission of India, have challenged the Election Commission decision in the Delhi High Court. The hearing before the Bench of Justice Rekha Palli is currently underway. Here are live updates from the court: Justice Rekha Palli is hearing the matter between @AamAadmiParty and the Election Commission of India at the Delhi High Court. 20 AAP MLAs fate to be decided by the Delhi HC — Bar & Bench (@barandbench) January 19, 2018 Delhi HC takes a 10 minutes break for the counsel of the […]

The Securities Appellate Tribunal (SAT) today refused to grant an interim stay in an appeal filed by Price Waterhouse & Co. (PwC) against an order passed by the Securities and Exchange Board of India (SEBI) on January 10, 2018 (Order). The Order, among others, has prohibited PwC and its network entities in India from issuing audit certificates to any listed company in India for a period of two years. The regulator has also asked PwC to pay Rs 13.09 crore, along with interest at 12% per annum from January 2009 (approximately Rs 14 crore) for wrongful gains. An interim relief was […]

Senior Advocate R Singaravelan and Advocate N Chandrasekharan of the Tamil Nadu Bar Council Special Committee have written to the Bar Council of India (BCI), communicating their willingness to have a retired judge of the High Court oversee the TN Bar Council elections. In doing so, they have also responded to specific apprehensions raised by the Chairman of the Special Committee and Advocate General Vijay Narayan, that the polls may be tainted by questionable practices of persons on the Committee. Among other things, Narayan had raised concerns that Singaravelan and Chandrasekharan had been appointed to act at the behest of Senior Advocate S […]

Justice Kurian Joseph today recused from hearing the appeal filed by former Transport Minister of Kerala, Thomas Chandy, in a case relating to illegal encroachments. The matter was listed today as item 61 before Justices Kurian Joseph and Amitava Roy when Justice Joseph chose to recuse from the case. Justice Joseph is the third judge to recuse from the case. Earlier, Justices AM Khanwilkar and AM Sapre had also recused from the matter. Chandy’s appeal is against a November 14 decision of the Kerala High Court by which it had dismissed Chandy’s petition in an encroachment case. The High Court while dismissing the […]

The Supreme Court today refused to interfere with the judgment of the Delhi High Court acquitting Director Mahmood Farooqui of rape charges. When the matter came up for hearing before a Bench of Justices SA Bobde and L Nageswara Rao, it was observed that the judgment delivered by Justice Ashutosh Kumar was “very well reasoned and cannot be interfered with”. Advocate Vrinda Grover, appearing for the appellant, questioned the High Court judgment on the ground that there was absence of consent on the victim’s part. The Bench observed that the two individuals had met before and were in a relationship. […]

The Madhya Pradesh High Court has held that the State Bar Council has no authority, power or jurisdiction to interfere with the election process or election of Bar Associations. The order was rendered by a Division Bench comprising of Chief Justice Hemant Gupta and Justice Vijay Kumar Shukla, while allowing two similar writ petitions. One of the petitions was preferred by the District Bar Association in Bhind, whereas the other emanated from the Guna District Bar Association. The first petition sought to assail orders of the Appellate Committee of the State Bar Council, which has set aside the election of […]

The Delhi High Court has made some strong observations regarding false claims of caste discrimination while setting aside the orders of the National Commission for Scheduled Tribes in a matter regarding dealership of a petrol pump. The petitioner, Indian Oil Corporation, had cancelled the dealership of an allottee – who happened to belong to a Scheduled Tribe – alleging malpractice, which were found during the inspection conducted by the officers of Indian Oil and the Anti-Adulteration Cell. The Commission for Scheduled Tribes . . . Facebook Comment To read the entire article, get a premium account With a premium account you […]

The Delhi High Court has notified the Delhi High Court (Original Side) Rules, 2018. The Rules will replace 1967 Rules on the subject and will come into force on March 1, 2018. The Rules have been framed pursuant to a suo motu case initiated by the Supreme Court. The Supreme had initiated the case to work out a mechanism to dispose of long pending civil suits in different High Courts. It had first sought the response of Delhi High Court for the same. Initially, the Delhi High Court had contemplated amendments to the existing Delhi High Court Original Side Rules […]

Senior Advocate Indira Jaising has filed a PIL in the Supreme Court seeking live streaming of Court proceedings in cases that are of constitutional and national importance having an impact on the public at large or a large number of people. In her petition, Jaising has pointed out that the Court is hearing, or will be hearing in the near future, a number of such cases which affect the interests of the public at large. These cases include the ongoing Aadhaar case, women’s right of entry into Sabiramala Temple, decriminalisation of homosexuality, reconsideration of adultery laws, cattle slaughter laws, rights […]

The launch of the George H Gadbois book, The Supreme Court of India: The Beginnings, edited by Vikram Raghavan and Vasujith Ram, offered an occasion for the Madras High Court to remember the contributions of the celebrated American Scholar in chronicling Indian Legal History. Gadbois has already received wide acclaim for his seminal work in the book Judges of the Supreme Court of India: 1950-1989

The Supreme Court today stayed the notifications and orders issued by various states banning the exhibition of the movie Padmaavat. A Bench of Chief Justice of India Dipak Misra and Justices AM Khanwilkar and DY Chandrachud, which heard the matter, also restrained other states from issuing similar notifications/orders. Senior Advocates Harish Salve and Mukul Rohatgi appeared for the petitioners. Salve, appearing for petitioner Viacom . . . 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 […]

Campaign for Judicial Accountability and Reforms had recently written a letter to the five senior-most judges of the Supreme Court calling for an in-house inquiry to be initiated against the Chief Justice of India, Dipak Misra. A press conference was held yesterday calling attention to the concerns raised in the letter. Today, Senior Advocate and President of the Supreme Court Bar Association, Vikas Singh has written . . . 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 […]

Clasis Law IP Partner Rahul Beruar has left the firm to establish a new firm under the name of Beruar & Beruar. Beruar has left the firm with his entire team. Beruar & Beruar began its operations from its office in Defence Colony, Delhi, and will open their branch offices at Mumbai and Ranchi within a month, according to the firm release. The other two partners are Sachin Kumar and Nidhi Jain. 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, […]

Price Waterhouse & Co. (PwC) has filed an appeal with the Securities Appellate Tribunal (SAT) against an order passed by the Securities and Exchange Board of India (SEBI) last week.  The SEBI in its order, among others, has prohibited PwC and its network entities in India from issuing audit certificates to any listed company in India for a period of two years.

Interglobe Aviation Limited (owner of IndiGo Airlines) on Tuesday appealed against the Single Judge Order of the High Court dismissing its petition challenging Delhi International Airport Limited’s (DIAL) directions to shift part of its operations from Terminal 1 to Terminal 2 of the Delhi Airport. The Single Judge Bench of Justice AK Chawla had dismissed IndiGo’s petition in December last year, holding that none of the issues raised by . . . 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 […]

The Campaign for Judicial Accountability and Reforms (CJAR) has called for an in-house inquiry procedure to be initiated against Chief Justice of India Dipak Misra, given the serious allegations of misconduct that have been brewing, particularly following the manner in which the CJI-led Bench handled the medical college bribery cases late last year. A letter to this effect has been addressed to the five senior-most judges of the Supreme Court, barring CJI Misra – Justices Jasti Chelameswar, Ranjan Gogoi, Madan B Lokur, Kurian Joseph and AK Sikri.   Four primary charges against Justice Misra have been quoted as requiring immediate attention of […]

The hearing in the Supreme Court on the challenge to the Aadhaar scheme has begun today. Senior Advocate Shyam Divan, appearing for the petitioners, has commenced his arguments before the Constitution Bench of Chief Justice Dipak Misra and Justices AK Sikri, AM Khanwilkar, DY Chandrachud and Ashok Bhushan. Attorney General for India KK Venugopal requested that time be allocated to each counsel, considering the multiplicity of petitions and that the Ram Janmabhoomi case is listed . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year of unrestrcited access to […]

Former DLA Piper and Allen & Overy lawyer Timothy Franklyn is joining Tatva Legal as a Partner in its Bengaluru office. Timothy is an international corporate finance lawyer, having worked in Singapore, Hong Kong, and New Delhi. He is an alumnus of the London School of Economics (LSE) and of University Law College, Bengaluru. Timothy initially worked at Jones Day, before joining Allen & Overy in 2007. He worked at A&O for about a year, after which . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year of […]

The ban on the film Padmaavat, earlier titled Padmavati, in four states has been challenged in the Supreme Court. The petition filed by Viacom was mentioned today by Advocate Mahesh Agarwal before the Chief Justice of India Dipak Misra, who agreed to list the matter tomorrow. Back in November last year, the Court had dismissed a petition calling for a ban on the film.

Has the Bench presided by Justice Arun Mishra recused from hearing the PIL concerning the death of judge BS Loya? The order passed today in the matter states, “Let the documents be placed on record within seven days and if it is considered appropriate copies be furnished to the petitioners. Put up before the appropriate Bench.” The order is . . . 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 […]

The Delhi High Court yesterday dismissed the appeal filed by Reliance Communications Limited against an order of the arbitral tribunal which had directed it to furnish a bank guarantee of Rs. 10 crore. Reliance Communications and Bharti Infratel Limited had entered into a Master Service Agreement in 2010. However, the former exited from the sites of Bharti Infratel in 2015 citing expiration of its 2G licenses, thereby breaking the agreement. Bharti Infratel demanded an exit amount close to 40 crores, which . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: […]

Tata’s Group General Counsel Shuva Mandal is further expanding his legal team in Mumbai. Recently, Aditya Birla Dubai’s General Manager Dhyanesh Sabnis joined Tata Group. Dhyanesh is a 2006 graduate of National Law School, Bangalore. He has previously worked at Karanjawala & Co and Godrej. He joined Aditya Birla Group in 2011 in Mumbai, and moved to the company’s Dubai office in 2015. Two other lawyers who are slated to join Mandal’s team . . . 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 […]

A proposed move by the Andhra Pradesh government to expedite the setting up of a High Court at a temporary location in or around the state’s de facto capital Amravati by June this year, has not gone down too well with stakeholders. The Andhra Pradesh government had written to Acting Chief Justice of the High Court of Judicature at Hyderabad Ramesh Ranganathan, asking him to constitute a committee to assess the suitability of a few buildings near Amravati to temporarily house what . . . Facebook Comment To read the entire article, get a premium account With a premium account […]