“Foolish consistency is the hobgoblin of little minds”, Justice Gautam Patel  of the Bombay High Court wrote in his order, while showing no hesitation in owning up to an error he made in a particular case. Declaring a previous order passed by him on January 27, 2017 as per incuriam, Justice Patel in his order stated, “I was wrong”. The issue addressed in the order of January 27 was whether the High Court on its Original Side can direct return of a plaint. Patel J. had held that a plaint could never have been returned and that a previous order of […]

Cyril Amarchand Mangaldas, has inducted Bharat Vasani as a corporate partner of the firm, to be based out of the Mumbai office. Vasani is joining the firm on Monday. Bharat Vasani left Tata Group in January after more than seventeen years at the helm of its legal team. Prior to joining Cyril Amarchand Mangaldas, Bharat Vasani was Legal Advisor to Tata Group Chairman, having also in his earlier role been Chief Legal & Group General Counsel of Tata Sons Ltd, the holding company of Tata Group. On his appointment to Cyril Amarchand Mangaldas, Bharat Vasani said, “I have had a […]

The Delhi High Court yesterday reserved its order on the bail plea by Karti Chidambaram in the INX media money laundering case lodged by CBI. Appearing for Karti Chidambaram were Senior Advocates Kapil Sibal and Abhishek Manu Singhvi along with Senior Counsel Gopal Subramaniam, who has been representing him before the Madras High Court. Karti’s father and Senior Advocate P Chidambaram was also present to witness the proceedings. Sibal argued that the conduct of the investigating agencies was completely mala fide. He said that the allegation against Karti is that he influenced FIPB officials to favour INX media. However, the CBI […]

HSA Advocates has promoted Partners Harvinder Singh and Nand Kishore as Equity Partners at the firm. This takes the total number of Equity Partners at the firm to 10. Singh holds an LL.B. degree from Delhi University. He has previously worked at Fox Mandal Little, before moving to Hemant Sahai Associates (now HSA Advocates) in September 2009. Made a Partner at the firm in 2013, Singh works at the Delhi office of HSA. Kishore, who works out of the Mumbai office, is also a graduate of Delhi University. Having started his career with Luthra & Luthra, he went on to […]

A Supreme Court Bench headed by the Chief Justice Dipak Misra and comprising Justices AM Khanwilkar and DY Chandrachud today took strong exception to the arguments advanced by advocate JP Dhanda in the case relating to PNB scam. Dhanda was arguing a petition filed by his son Vineet Dhanda seeking the Court’s indulgence for issuing directions to the investigating agencies to register a case against the “top management” of PNB in the scam. His plea inter-alia also prays that directions be given to the agencies to expedite the deportation of Nirav Modi and others involved in the scam. When the matter came up for […]

The hearing in the petitions seeking a probe into the death of Judge Loya concluded today in the Supreme Court. Senior Advocate Mukul Rohatgi, appearing for State of Maharashtra, completed his last leg of submissions. Rohatgi began his submissions by explaining the nature of ‘discreet enquiry’ conducted by the Commissioner, Intelligence. “The enquiry was conducted by an officer of the rank of Director General of Police. Discreet enquiry is made without the knowledge of other persons. It draws parallel with anti-corruption enquiry, enquiries by IB.” Rohatgi then attacked Prashant Bhushan‘s submissions regarding the cause of death of Judge Loya. “Mr. […]

Vice-Chancellor of West Bengal National University of Juridical Sciences (WBNUJS), Prof Ishwara Bhat has been offered the role of Vice-Chancellor of Chanakya National Law University (CNLU) Patna, as first reported by Legally India. Current CNLU Vice-Chancellor Prof AR Lakshminath confirmed to Bar & Bench that an order offering Prof Bhat the post has been prepared. “The notification asks him to join as Vice-Chancellor as soon as possible. The moment he accepts it, a notice will be published on the University website.” Prof Bhat also confirmed that he had applied for the post, pursuant to a notification calling for applications published […]

Essex Court Chambers Duxton (Singapore Group Practice), an international arbitration practice, has been launched in Singapore. It is the first Singapore law practice operating on a pure Chambers model, with each member in independent practice. The members of the practice include former Singapore Supreme Court judge and Senior Counsel VK Rajah, Queen’s Counsel Toby Landau, Colin Liew, Tham Lijing and Calvin Liang, all of whom are members of Essex Court Chambers, the international arbitration setup in London. VK Rajah SC is one of Singapore’s most distinguished lawyers. He was appointed Senior Counsel in 1997, and thereafter, as a judge of […]

The Madras High Court has expressed its reservations against the knee-jerk tendency of the police to implicate parents or relatives of the boy in cases involving the elopement of underage couples. In an order passed on Thursday, the Bench of Justices CT Selvam and N Sathish Kumar cautioned that such inclinations may sometimes amount to a social wrong. The Bench was hearing a Habeas Corpus Petition filed by the parents of a 17-year-old girl who had eloped with a 19-year-old boy. Following registration of a complaint by the petitioners, the police had proceeded to arrest the boy’s mother. The mother […]

The Central government will explore alternate ways for its Sethusamudram Shipping Canal project, without touching the Ram Sethu. An affidavit to that effect has been filed in the Supreme Court by the Central government in a batch petitions filed by various persons, including Subramanian Swamy. Swamy mentioned the matter today, when Additional Solicitor General Pinky Anand told the Court that it would not be touching the Ram Sethu, and that an affidavit has been filed to that effect. The Centre, in its affidavit has stated that considering the socio-economic disadvantages of ‘Alignment 6’ of the project, the government does not want […]

Bharucha Partner Arjun Anand has recently left the firm to join Singhania & Partners in Delhi. Managing Partner Ravi Singhania, said, “We are glad to have Arjun Anand as a partner in our team. He supplements our M&A practice and brings in valuable experience in Private Equity and Venture Capital sphere”. Anand has almost 13 years of experience focusing on M&A and transactional practice. A graduate of Symbiosis Law School, Anand initially worked at DSK Legal. In 2008, he joined Dua Associates. He left Dua in 2010 to join Tatva Legal. Thereafter, he moved to Suri & Co, where he […]

The Supreme Court today held that the business of money lending or pawnbroking is usurious business and the Government may rightly impose onerous conditions to restrict or even discourage people from entering into such business. In the process, it upheld the (amended) provisions of the Karnataka Money Lenders Act (ML Act) and the Karnataka Pawn Brokers Act (PB Act) while declaring that the same shall not apply retrospectively. The judgment was delivered by a Bench of Justices Madan B Lokur and Deepak Gupta. The Karnataka ML Act was enacted in the year 1961 with a view to regulate and control […]

The Kerala High Court’s intervention has been sought in a writ petition filed against alleged corruption and financial misappropriation by members of the Bar Council of Kerala (BCK) since 2011. Recently, the Bench of Chief Justice Antony Dominic and Justice Dama Seshadri Naidu issued notice to the respondents. In his petition, Advocate B Sukesan has detailed serious allegations of misutilisation of BCK welfare funds, improprieties in the conduct of Bar Council elections, and criminal charges against its members. In leveling these complaints, the primary focus is upon the twenty-four members currently representing the Kerala Bar Council, in addition to Advocate […]

In a judgment which could have a major impact on arbitration cases pending in courts, the Supreme Court today held that Section 36 of Arbitration Act as amended by the Amendment Act of 2015 will apply to Section 34 applications filed before the commencement of the Amendment Act. The judgment was rendered by a Bench of Justices Rohinton Fali Nariman and Navin Sinha. The Court while making the said ruling gave a detailed interpretation of the Section 26 of the Arbitration and Conciliation (Amendment) Act, 2015 (Amendment Act). Senior Advocates including KV Viswanathan, CA Sundaram, Abhishek Manu Singhvi, P Chidambaram, […]

Former High Court judge, Justice Elipe Dharma Rao passed way this morning at his native residence in Karapa Village, Godavari district, Andhra Pradesh. He was 67 years old. Born in July 1951, Justice Dharma Rao obtained his BL degree in 1978. He was made an additional judge of the Andhra Pradesh High Court in May 1999. In 2000, he was made a permanent judge of the Court. In January 2006, he was transferred to the Madras High Court. He has served as Acting Chief Justice of the Madras High Court twice – between April and June 2010, and between December […]

Hours after the Delhi High Court extended Karti Chidambaram’s protection from arrest for another two days, the Supreme Court has transferred to itself all the petitions pending before the High Court involving the legality of the Enforcement Directorate’s power to arrest under Section 19 of the Prevention of Money Laundering Act, 2002. (PMLA Act). A Bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud passed the order while hearing a petition challenging the March 9 Delhi High Court order, which granted interim relief to Karti Chidambaram. The Court, while transferring the petitions to itself, also directed that […]

Justice MM Sundresh will sit in judgment over the challenge to the 2017 Tariff Order and Interconnection Regulations introduced by the Telecom Regulatory Authority of India (TRAI) pending in the Madras High Court. This development comes after the First Bench of Chief Justice Indira Banerjee and Justice M Sundar was unable to arrive at a consensus in the matter earlier this month. The impugned regulations lay down certain restrictions on the manner in which TV channels are packaged and priced. The same has been challenged as being beyond TRAI’s jurisdiction by television networks Star India and Vijay TV, as well as the […]

The Supreme Court today made some pertinent observations regarding the responsibility of the electronic media, while hearing a plea filed by The Wire seeking quashing of the defamation proceedings initiated by Jay Shah. The Bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud issued notice, and directed the trial court not to proceed in the matter, as the Supreme Court is seized of it. During the course of the hearing, the Bench made some strong observations calling for greater responsibility on the part of electronic and print media while reporting. Senior Advocate Kapil Sibal appeared for Rohini […]

Link Legal has appointed Solil Paul, former faculty member of Delhi University’s Campus Law Centre, as its Chair – Academics. Paul’s addition will help the firm formulate and implement a structured and systematic Continuous Legal Education (CLE) programme. The firm will also look to increase its interactions with the academic world and explore joint legal education initiatives with law colleges. Paul is an alumnus of Delhi University’s Faculty of Law and has done his LL.M. in Comparative Jurisprudence and Civil Liberties from the University of Michigan. Thereafter, he became a faculty member in Campus Law Centre, Delhi University and taught various subjects including Constitutional Law, Interpretation of Statutes and Jurisprudence. He has also been a […]

The tweet by columnist and Chartered Accountant S Gurumurthy on Justice S Muralidhar of the Delhi High Court came up for discussion in the Supreme Court today during the hearing of the appeal filed by The Wire in the Jay Shah defamation case. Chief Justice Dipak Misra, who was hearing the case, made some remarks against reporting by electronic media. “Many times what they write amounts to contempt of court. Anyone can write anything about anyone?”, Misra J. asked This triggered response from Senior Counsel Kapil Sibal, who was appearing for The Wire. “A person who is in Chennai wrote about […]

In its 96th report on Demands for Grants (2018-19) of Ministry of Law and Justice, the Department related Parliamentary Standing Committee on Personnel Public Grievances Law and Justice has sought for appointment of law officers including a Solicitor General of India, and the introduction of quotas for women in Law Universities and the subordinate judiciary. The committee headed by Chairman Bhupender Yadav also comprised Swapan Dasgupta, Subramanian Swamy, Vivek Tankha, Majeed Memon, V Paneersalvam, Meenakshi Lekhi, Anirudhan Sampath and D Raja, among others. The following are the highlights from the report: Representation of Women in Judiciary The Committee noted that the […]

The Delhi State Legal Services Authority (DSLSA) in association with the District Legal Services Authorities (New Delhi, Central and West) organized Mega Legal Services Camp on March 10, 2018 St. Michael’s  School, Pusa Road, Delhi. Acting Chief Justice of Delhi High Court and Executive Chairperson of DSLSA, Justice Gita Mittal, State Law Minister Kailash Gahlot, Minister for Welfare of SC/ST for Delhi Rajendra Pal Gautam, Delhi High Court judge, Justice C Hari Shankar, District & Sessions Judges, Director General (Prisons) and Senior Members of the District Bar Associations were among those who were in attendance. The central theme of Camp was […]

Chief Justice of the Madras High Court Indira Banerjee has issued a notification stating that upon a change of roster, part-heard matters shall be released and placed before the appropriate Bench as per the roster. However, upon request by a litigant, the matter may be retained by the Bench which partly heard the matter, after such request is endorsed by the Chief Justice. Parties may make such a request if the matter has been heard for a considerable length of . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One […]

In a significant development in the Ram Janmabhoomi-Babri Masjid case, the Supreme Court is considering whether the law laid down in paras 75 to 82 of its 1994 judgment in Ismail Faruqui v. Union of India should be revisited by a Constitution Bench. The paragraphs of the Supreme Court judgment in question shed light upon the sovereign power of the state to acquire property. These paras also state that 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 Karnataka High Court today dismissed the bail petition filed by Mohammed Haris Nalapad in connection with the assault he is implicated in. Justice Sreenivas Harish Kumar pronounced his verdict in court today, more than a week after the plea was filed in the High Court. Nalapad, who is the son of Congress MLA NA Haris, was charged under Section 307 of the Indian Penal Code (punishment for attempt to murder), among other provisions, after he and his associates . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One […]

Link Legal Associate Partner Rajdeep Choudhury has joined HSA Advocates. He has joined as a Partner to further strengthen the Disputes Resolution, Projects, Infrastructure & Energy and Projects related Claims & Disputes Management.  Rajdeep will be operating out of the firm’s New Delhi office. Rajdeep has 17 years of legal experience in advising EPC (Engineering, Procurement and Construction) contractors, O&M (Operation and Maintenance) contractors, and the universe of other project stakeholders such as owners, investors, lenders and off . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year of […]

Shardul Amarchand Mangaldas recently emerged victorious in the inaugural edition of the Suresh and Bharati Shroff Memorial T20 Cricket League held recently in Delhi. In the final, the team from Shardul Amarchand defeated a team from the Bar Associations of Delhi (BAD)  by nine runs. Shardul Amarchand reached the final by beating AZB & Partners, while BAD beat Khaitan & Co en route to the final.

The Nani Palkhivala Arbitration Centre (NPAC) is opening an arbitration centre in New Delhi. The centre will be located at Gopal Das Bhawan, Barakhamba Road and is slated to open in April, 2018.  With its establishment, the NPAC will be the first Indian arbitration body to have two centers in the country. The new centre will be another milestone to an arbitration movement sought to spearheaded by the NPAC. To put it in the words of Arvind Datar, who sits on the centre’s Board of Directors, “I have always believed that India’s journey as an arbitral destination can only be driven […]

In a significant judgment, the Allahabad High Court has passed a slew of directions aimed at comprehensive reform of the healthcare delivery system in Uttar Pradesh. Detailed orders in this regard were passed by a Bench of Justices Sudhir Agarwal and Ajit Kumar, in a batch of writ petitions filed by the Human Rights Law Network (HRLN) and a social worker, Raj Kumar Singh. The Court also made some scathing observations . . . 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 […]

Political trendwatcher Tehseen Poonawalla has filed a petition in the Supreme Court seeking a direction to the Central government to reveal the consolidated transaction cost of 36 Rafale fighter aircrafts procured by it, pursuant to deal made in 2016. The issue arises out of an announcement made almost three years ago by Prime Minister Narendra Modi, revealing that the Indian government had procured 36 Rafale jets from French aviation company Dassault. According to Poonawalla, the same was done without going through the usual practice, the . . . Facebook Comment To read the entire article, get a premium account With […]