Writer Chetan Bhagat has been accused of plagiarism; his latest book ‘One Indian Girl’ is the subject of litigation in a Bangalore court. Bhagat has been accused of plagiarising the work of Anvita Bajpai, who wrote a book of short stories titled ‘Life, Odds & Ends’ in 2014. The City Civil Court in Bangalore last week granted Bajpai an interim injunction restraining Bhagat from selling or marketing his book, both in print and e-book form. In her plaint, Bajpai claims that the themes surrounding Bhagat’s book are strikingly similar to those in ‘Drawing Parallels’, one of the short stories in […]

A list of important cases from the causelists of the Supreme Court of India and the Delhi High Court. TABLE OF CASES Supreme Court of India Common Cause v. Union of India Swaraj Abhiyan v. Union of india Delhi High Court State through CBI vs. Sajjan Kumar and Ors. Monsanto Technology LLC and Ors. v. Nuziveedu Seeds Ltd. and Ors. Puran Chand Arya vs. Union of India and Ors. Ashwini Kumar Upadhyay Vs. Union of India SUMMARY OF CASES  Supreme Court of India 1. Common Cause v. Union of India & Ors. [Item 10 in court 5 – Writ Petition (Civil) 114/2014] Bench: Madan […]

The Supreme Court has held that the Buddh International Circuit, which was used to hold the Grand Prix event is a “Permanent Establishment” of the Formula One World Championship Limited (FOWC). Consequently, the Court has held that FOWC/ Formula 1 is liable to pay tax in India for the income earned in India. The judgment was delivered by a Bench of Justices AK Sikri and Ashok Bhushan yesterday. Senior Advocate S Ganesh appeared for Formula 1/ FOWC while Senior Advocates Arvind Datar and Dushyant Dave appeared for Jaypee Sports International Limited (Jaypee). Attorney General Mukul Rohatgi appeared for the Income Tax […]

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 […]

Shardul Amarchand Mangaldas has hired a team of 6 partners and 32 lawyers from BMR Legal across Gurgaon, Mumbai and Bangalore. The six Partners are: Amit Khansaheb (Gurgaon) Rishi Jain (Gurgaon) Vishruta Kaul (Gurgaon) Roshan Thomas (Bangalore) Sidhartha Nair (Bangalore) Kaushik Mukherjee (Mumbai) The partnership will grow from 85 Partners to 91, boosting the firm’s total strength to over 470 fee earners. These hires are separate from, and in addition to the campus recruitments, where another substantial batch of newly qualified lawyers will join Shardul Amarchand Mangaldas by July 2017, catapulting the firm to a size in excess of 500 lawyers. Shardul Shroff, […]

In a judgment which could have significant impact on appeals to Supreme Court from Customs, Excise and Service Tax Appellate Tribunal (CESTAT), the Supreme Court has held that appeals under Section 130 E(b) of the Customs Act should be limited to those involving a substantial question of law. The judgment was delivered by Justices Ranjan Gogoi and Ashok Bhushan in an appeal filed by Steel Authority of India Limited. The Court in its judgment discussed the sweep and purport of Section 130E(b) and laid down the conditions to be satisfied before admitting an appeal under the said Section. The provisions […]

Gujarat National Law University (GNLU), Gandhinagar has once again found itself in the midst of litigation before the Gujarat High Court. This time, an administrative officer has moved the High Court, challenging the University’s decision to remove him from the post of ‘Head, Budget, Accounts & Finance/Assistant Finance Officer’. And Manoj Patel has emerged victorious, with the High Court coming down rather strongly on GNLU’s “arbitrary, unfair and unreasonable” decision to terminate him from service. Patel was issued an appointment letter for the post on January 2, 2012, under the pay scale of Rs. 9300-34800 with grade pay of Rs. […]

Kochhar & Co Partner Shadaan Mohammed Saipillai has joined Phoenix Legal as a Partner in its Chennai office, expanding the firm’s presence in South India. Shadaan is dual qualified in India and England, and has over 15 years of experience. Shadaan will be part of the corporate and M&A practice of the firm. His areas of practice also include JVs, employment and real estate. Manjula Chawla, one of the Phoenix Legal’s co-founders, commented, “We wanted to augment our presence in Chennai with someone of Shadaan’s credentials. His coming on board is an integral move to deepen our pan India presence and also […]

The Mumbai Bench of NCLT has come out with it’s 48 page order detailing the reasons for dismissing Mistry’s waiver application to pursue the case of oppression and mismanagement against Tata Sons. After months of battling it out at the NCLT, last week NCLT dismissed Mistry’s company petition and waiver application filed against Tata Sons and others. The company petition was filed under sections 241 and 244 of the Companies Act, 2013 (Act) seeking relief under section 242. The order, inter alia, discusses at length the three stages of any suit or court proceedings, cause of action→prima facie case→proof/ merit test And in this […]

A six-judge Bench of the Supreme Court will consider the curative petition in the Soumya murder case. The Bench will be headed by Chief Justice of India JS Khehar. Besides Justices Ranjan Gogoi, PC Pant and UU Lalit, who had heard the case and passed the judgment, the Bench also comprises Justices Dipak Misra and Jasti Chelameswar. The matter will be considered in chambers at 1.30 pm on Thursday this week. In September last year, the Supreme Court set aside the Kerala High Court’s decision to impose the death penalty on the assailant, Govindachamy. The conviction of rape had, however, been upheld, […]

Shardul Amarchand Mangaldas is in the news again. This time for hiring four partners from BMR Legal along with their teams. According to sources, more than 30 lawyers from BMR Legal would be moving to Shardul Amarchand Mangaldas across Delhi, Mumbai and Bangalore except Managing Partner Mukesh Bhutani and the tax team. The team that is moving includes Partner Amit Khansaheb in Gurgaon, two partners in Bangalore – Roshan Thomas and  Siddharth Nair and one in Mumbai – Kaushik Mukherjee. Khansaheb had joined BMR in January 2013 from Desai & Diwanji to set up BMR’s Corporate M&A practice. Roshan and Siddharth had moved […]

A list of important cases from the causelists of the Supreme Court of India and the Delhi High Court. TABLE OF CASES Supreme Court of India Akhil Bharat Krishi Goseva Sangh v. Union of India Ajayinder Sangwan v. Bar Council of India Delhi High Court Central Bureau of Investigation v. Air Chief Marshall (Retd.) S.P. Tyagi Central Bureau of Investigation v. Sanjeev Tyagi Central Bureau of Investigation v. Gautam Khaitan Virbhadra Singh vs. Enforcement Directorate SUMMARY OF CASES  Supreme Court of India 1. Akhil Bharat Krishi Goseva Sangh v. Union of India [Item 11 in court 1 – WP (C) 210/2015] […]

It might be hard to believe, but the humble cow might soon be accorded special status, with a Unique Identification (UID) scheme being proposed by the Centre to deal with the problem of illegal transportation of cattle. A Bench headed by Chief Justice JS Khehar and DY Chandrachud will tomorrow debate on the suggestions submitted by the Centre on the agenda of assigning a UID for cows. The submission by the Centre to have UID for cows came in a plea by Akhil Bharatiya Krishi Goseva Sangh to check the “depletion of indigenous livestock and unabated and unbridled illegal and […]

Dhaval Vussonji & Associates has promoted Minal Sampat to partnership. Minal, who is qualified as an Advocate and a Solicitor with fourteen years’ experience, heads the firm’s Real Estate practice. She had been working at the firm as Of Counsel. Commenting on the promotion, Dhaval Vussonji said, “Our association with Minal has been for several years now. She has been a pillar of trust and support to the Firm from the first day we worked together. She is well-versed with the entire ecosystem of real estate practice. Not only has she helped the practice grow at the Firm, but she has also set […]

The Supreme Court of late has been calling high courts out for delivering judgments that do not meet their standards. A few days after it remanded a case back to the Himachal Pradesh High Court, the apex court has now sent back a judgment of the Rajasthan High Court. A Bench of Justices RK Agrawal and AM Sapre did so after both a single judge bench and a Division Bench of the Jodhpur Bench dismissed a writ petition in limine, without recording any reasons for the same. The apex court Bench also noted that the rulings did not contain the […]

Can a high court designate a lawyer from another high court as Senior Advocate? For deciding this question, the Supreme Court has sought the assistance of Attorney General Mukul Rohatgi. Further, the Bench of Justices Rohinton Fali Nariman and M Shantanagoudar also directed that the details of the case be posted on the Supreme Court website so that Advocates General of different states who wish to assist the Court, can do so. These important directions came about in a petition filed by the Shillong Bar Association, challenging the Rules framed by the Meghalaya High Court allowing the designation of any lawyer as Senior […]

Krishnamurthy & Co (K Law) has announced its annual promotions. The firm has promoted Sharad Joshi to partnership in its Mumbai office. Sharad advises on Projects, Project Finance, and General Corporate Advisory. He joined K Law in September 2016 from Cyril Amarchand Mangaldas. He has previously worked at Tata Realty and Infrastructure Limited, Clasis Law and Gammon Infrastructure Projects. The firm has also made two Associate Partners: Aparnaa Bhalotia (Mumbai) Anisha Jayaram (Bangalore) Aparnaa graduated from GNLU in 2009. Her practice areas include Private equity, Venture Capital funding, structured debt and general corporate advisory. Anisha’s practice areas include General Corporate and Private Equity Naina […]

The Supreme Court today directed the reinstatement of former Kerala DGP TP Senkumar, who had been removed from the post by the Kerala government last year. The judgment was passed by Justices Madan B Lokur and Deepak Gupta in an appeal filed by Senkumar against judgment of the Kerala High Court. Senior Advocate Dushyant Dave and advocates Prashant Bhushan and Haris Beeran appeared for Senkumar, while Senior Advocate Harish Salve and advocate G Prakash represented the Kerala government. Senkumar was removed from his post by the LDF government on the grounds that his handling of the Puttingal firework disaster and the rape […]

A list of important cases from the causelists of the Supreme Court of India and the Delhi High Court. TABLE OF CASES Supreme Court of India Akhil Bharat Krishi Goseva Sangh v. Union of India Indira Jaising v. Supreme Court of India through Secretary General and Ors. Dheeraj Mor v. High Court of Judicature at Delhi Delhi High Court Virbhadra Singh V. Enforcement Directorate SUMMARY OF CASES  Supreme Court of India 1. Akhil Bharat Krishi Goseva Sangh v. Union of India [Item 1 in court 1 – WP (C) 210/2015] Bench: Chief Justice JS Khehar, DY Chandrachud, Sanjay Kishen Kaul J. This case […]

Justice Sanjay Karol has been appointed Acting Chief Justice of the Himachal Pradesh High Court, following the retirement of Chief Justice Mansoor Ahmed Mir. Justice Karol enrolled as an advocate in 1986 and practised in various courts, including the Supreme Court of India. He was Advocate General of the Himachal Pradesh from 1998 to 2003, and was designated Senior Advocate in 1999. He was also on the Senior Panel for the Centre in the apex court. He made the switch from the Bar to the Bench in 2007, when he was elevated as a judge of the High Court. He […]

The Gujarat High Court has designated Manisha Lavkumar Shah as Senior Advocate. The designation is effective from April 19. Notification regarding the same was issued on April 21. Shah is the second woman lawyer to be designated as Senior Advocate by the Gujarat High Court in its 57 year long history. Vasuben Popatlal Shah, who was designated way back in 1995, is the only other woman lawyer to be designated as Senior Advocate by the Gujarat High Court. Manisha Lavkumar Shah completed her Masters in Political Science from Bombay University. She pursued law from Gujarat University where she topped her […]

The Bar Council of India has decided to put a rest to its vendetta against the Law Commission of India, hours after a meet with Law Minister Ravi Shankar Prasad. A delegation headed by BCI Chairman Manan Kumar Mishra, along with other representatives of the BCI, the Delhi High Court Bar Association and district bar associations, met the Law Minister today at 5 pm. According to a resolution passed by the BCI, Prasad assured the lawyers that no action will be taken on the Law Commission’s 266th Report proposing wholesale changes to the Advocates Act. The Law Minister also clarified […]

The Punjab & Haryana High Court has filed an appeal in the Supreme Court against its own judgment in a case relating to seniority of judges in Punjab superior judicial service. The matter was heard today by a Bench of Justices Jasti Chelameswar and S Abdul Nazeer, which issued notice in the case while also ordering a status quo. A slew of Senior Advocates appeared for the appellants. Senior Advocate Raju Ramachandran along with advocate Ashok Mathur appeared for the High Court while Senior Advocates KV Viswanathan and Dushyant Dave appeared for individual judges who are aggrieved by the judgment of […]

AZB & Partners has promoted another Senior Associate Sonali Mathur to partnership in Mumbai. The firm had recently announced its annual promotions and had made six partners – Arvind Ramesh, Divya Mundra, Kashish Bhatia, Rahul Rai, Rinki Ganguli and Roxanne Anderson. Sonali is the seventh lawyer to be promoted this year. She is a graduate of Government Law College, Mumbai and also holds an LL.M. from Columbia Law School. She has previously worked at the Chamber of Janak Dwarkadas. She joined AZB in 2009.

Going by Section 25(2) of the Hindu Marriage Act, the Supreme Court has passed a judgment reducing the maintenance payable by a man to his ex-wife, because of a change in circumstances. A Bench of Justices R Banumathi and M Shantanagoudar ruled that since the appellant husband got re-married and had a child, he was liable to pay a lesser sum of maintenance to his ex-wife. The case has its genesis in 1996, when the respondent wife refused to go back to her matrimonial home after the birth of her child. When all else failed, the appellant husband filed an application for restitution […]

Centre today told the Supreme Court that the use of Aadhaar for filing of Income Tax Returns is to ensure that multiple PAN cards and fake PAN cards are not used. The submission was made by Attorney General Mukul Rohatgi in two petitions – one filed by CPI leader, Binoy Viswam and the other by retired Army Officer, Vombatkare and founder of Safai Karmachari Andolan, Bezwada Wilson. When the matter was taken up as item 10 in court 8 before Justices AK Sikri and Ashok Bhushan, the Bench asked Rohatgi why Aadhaar has been made mandatory, especially in the light of […]

The Delhi High Court recently delivered a judgment wherein it held that inaction regarding infringement in the past does not prevent the proprietor of trademark from taking protective action in the future. The judgment was delivered by a single judge bench of Justice Rajiv Sahai Endlaw in Sunil Mittal and Anr. vs. Darzi on Call Brief Facts The plaintiffs were the founders of the business concern “The Darzi” since 1981, which provided tailoring services. The defendants were also engaged in the same nature of services since 2015 and had adopted the trade name “Darzi on Call”. The plaintiffs, represented by […]

A summary of important cases from the causelists of the Supreme Court of India and the Delhi High Court. TABLE OF CASES Supreme Court of India Dheeraj Mor v. High Court of Judicature at Delhi Asha Ranjan v. State of Bihar Delhi High Court Mohd Tahir Hussain and Anr. vs. State Election Commission and Ors Subramanian Swamy vs. Union of India and Ors. SUMMARY OF CASES  Supreme Court of India 1. Dheeraj Mor v. High Court of Judicature at Delhi [Item 46 in court 3 – SLP (CRL) 14156/2015] Bench: J Chelameswar, Abdul Nazeer JJ. This case is considering the important question of whether persons in judicial […]

Section 139AA of the Income Tax Act, which makes Aadhaar mandatory for filing Income Tax Returns, has been challenged before the Supreme Court. Two different petitions, challenging Section 139AA, will be heard today by the Supreme Court Bench of Justices AK Sikri and Ashok Bhushan. One of the petitions has been filed by SG Vombatkere, a retired Indian Army Officer and Bezwada Wilson, founder and convenor of Safai Karmachari Andolan. The petition has been drawn by advocate Udayaditya Banerjee and filed by M/s. KJ John & Co. Senior Advocate Shyam Divan will appear for Vombatakre and Wilson. Another petition has been […]

In a major blow to the Tata Group, the Apex Court has upheld the New Delhi Municipal Corporation (NDMC) to e-auction the Taj Mansingh Hotel, thereby rejecting the company’s plea to renew the lease of the hotel. A Bench of Justices Pinaki Chandra Ghose and Rohinton Nariman have given the green signal to auction the property owned by a unit of the Tata Group. The Indian Hotel Company Limited (IHCL) had approached the Apex Court after a Delhi High Court Bench upheld the NDMC’s right to auction the premier property. In what is a poor consolation, the Bench allowed the […]