The Supreme Court Collegium published nine resolutions on the SC website today in relation to appointment and transfers of ten judges. While eight of those resolutions are dated July 16, one is from July 18. These recommendations will now be sent to the central government for its approval. One of those resolutions is a reiteration of the candidature of Justice KM Joseph as Supreme Court judge. The other resolutions pertain to recommendations for appointment to Supreme Court and to various High Courts as Chief Justices. Two judges have been recommended for appointment to the Supreme Court while six have been recommended […]

On July 16, Delhi High Court’s Acting Chief Justice, Gita Mittal was recommended by the Supreme Court Collegium for appointment as the next Chief Justice of the Jammu and Kashmir (J&K) High Court. The office of Chief Justice for the J&K High Court has been lying vacant since March 15, 2018 after the retirement of Chief Justice BD Ahmed. Justice Mittal has been functioning as the Acting Chief Justice of Delhi High Court since April 2017. If the recommendation of Collegium to appoint Mittal J. as Chief Justice of J&K High Court is approved by the Central government, she will become the first […]

The Madras High Court has suggested the state government consider amending the law so that those putting up banners, hoardings etc. in Tamil Nadu are required to display a message intimating that they have obtained all the necessary permits and approvals for the same. The First Bench of Chief Justice Indira Banerjee and PT Asha has directed that the state should consider this proposal within six months. However, prior to making the recommendation, the Chief Justice echoed the views expressed by Justice TS Sivagnanam, that Court orders passed against illegal banners and hoardings in the state appear to yield no […]

As part of a reshuffle in the administration of the high courts, the Supreme Court Collegium has recommended new Chief Justices for the High Courts of Madras, Kerala and Orissa. In lieu of Justice Indira Banerjee’s potential elevation to the Supreme Court, Acting Chief Justice of the Bombay High Court Justice VK Tahilramani has been recommended as Chief Justice of the Madras High Court. While doing so, the Collegium noted, “While making the above recommendation the Collegium has taken into consideration the fact that at present there is only one Chief Justice from Bombay High Court, which is one of […]

Days after the Central government returned the Supreme Court’s recommendation to elevate Justice Aniruddha Bose as Chief Justice of the Delhi High Court, the Collegium has decided to recommend transfer of Chief Justice of the Patna High Court Rajendra Menon to the Delhi High Court. The Supreme Court Collegium had recommended Bose J. for elevation to the Delhi High Court on January 10. The resolution passed by the Collegium reads: “Mr. Justice Aniruddha Bose is a senior puisne Judge of Calcutta High Court. Having regard to all relevant factors, the Collegium finds Mr. Justice Aniruddha Bose suitable in all respects for being appointed […]

The Supreme Court Collegium has recommended the name of Justice Aniruddha Bose to take over as Chief Justice of Jharkhand High court. Justice Bose, who is the senior-most Puisne judge of Calcutta High Court was initially recommended for elevation as Delhi High Court Chief Justice. His name was returned by the Central government on the ground that he has no experience as Chief Justice to handle the affairs of a prominent High Court like Delhi. The Collegium has now reconsidered its proposal and recommended that Justice Bose be appointed as Chief Justice of the Jharkhand High Court instead of Delhi […]

Delhi High Court’s Acting Chief Justice, Gita Mittal has been recommended by the Supreme Court Collegium for appointment as the next Chief Justice of the Jammu and Kashmir (J&K) High Court. The office of Chief Justice for the J&K High Court has been lying vacant since March 15, 2018 after the retirement of Chief Justice BD Ahmed. In view of the same, Justice Gita Mittal, who is the senior most judge of the Delhi High Court, has been recommended to take over as the next Chief Justice of the J&K High Court. The resolution passed to this effect states, “Ms. […]

The Supreme Court Collegium headed by Chief Justice Dipak Misra has recommended the appointment of Gujarat High Court judge, MR Shah as the next Chief Justice of the Patna High Court. The Collegium resolution dated July 16 has recommended the appointment of Justice Shah to the office, in view of the transfer of incumbent Chief Justice, Rajendra Menon to the Delhi High Court. The resolution states, “Mr. Justice M.R. Shah was elevated as Judge of the Gujarat High Court on 7th March, 2004, and is now senior-most Judge of that High Court. Having regard to all relevant factors, the Collegium finds Mr. Justice […]

The Supreme Court Collegium has recommended Justices KM Joseph, Indira Banerjee and Vineet Saran – Chief Justices of the High Courts of Uttarakhand, Madras and Orissa respectively – for elevation to the Supreme Court. In a significant development, the five senior most judges of the Supreme Court has once again reiterated its recommendation to elevate Justice KM Joseph, after the Central government refused to accept the same earlier this year. The resolution passed pursuant to the July 16 meeting states, “The Collegium, on due consideration of all the aspects mentioned in the aforesaid two letters, resolves to reiterate the afore-mentioned […]

The Ram Mandir-Babri case in Supreme Court witnessed an explosive hearing today with Senior Advocate Rajeev Dhavan and another lawyer present in court engaging in a heated exchange of words. Arguing before the Bench of Chief Justice Dipak Misra, Justice Ashok Bhushan and Justice S Abdul Nazeer, Dhavan’s submissions on the destruction of the Babri Majid in 1992 triggered a very strong response from Senior Advocate CS Vaidyanathan and other lawyers. “Hindus were tarnished on December 6, 1992 when Hindu Taliban destroyed a mosque, it was an act of terrorism”, said Dhavan. Vaidyanathan strongly objected to the same, saying that such language and […]

The NCLT Hyderabad Bench on Thursday approved the resolution plan submitted by paper manufacturer JK Paper Ltd to take over the bankrupt Sirpur Paper Mills Ltd. According to a statement issued by Shardul Amarchand Mangaldas, the law firm which acted for JK Paper in the deal, “This is amongst the first resolution plans to be approved by the National Company Law Tribunal, Hyderabad bench (NCLT) under the Insolvency and Bankruptcy Code, 2016 (IBC) in a record time of 50 days from the date of filing of the resolution plan.” Insolvency proceedings against Sirpur Paper were triggered by an operational creditor, Rama […]

The Hyderabad High Court has issued a notice through the Registry, notifying a more stringent vetting process for litigants seeking to argue their own cases. An individual aspiring to appear as a party-in-person before the court will now have to file an application seeking permission to appear, at the time of filing proceedings. Applicants will also have to file an undertaking stating that they will conduct themselves with dignity, not use objectionable or unparliamentary language and that they understand that costs could be imposed if these terms are violated. The undertaking also requires them to state that they are aware […]

“’The profession of law has become a cut-throat competition’. What is the proof for this statement? This case is the proof.” So begins an order passed by Justice PN Prakash of the Madras High Court, in a case involving duplication of insurance claims, a suspicious FIR, and reports of missing motor accident case files. Calling for urgent reform, the Court commented, “What next? Can this Court remain mute to the happenings in the MCOP [Motor Claims Original Petition] field and take an ostrich-like attitude? The turf war amongst the advocates in the MCOP terrain has reached its nadir…” The case […]

The petitions in the Supreme Court seeking regulation of Bitcoin and other cryptocurrency in India have been listed for final disposal on September 11. The Bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud acceded to the request made by the petitioners and the Reserve Bank of India (RBI) that the matter requires to be heard without delay. Senior Advocate Gopal Subramanium, appearing for the petitioners, stated that the matter is serious and should be heard and disposed of as early as possible. He requested the Court to list the matter for final disposal. Senior Advocate […]

The Central government has returned the name of Justice Aniruddha Bose whose name was recommended by the Collegium for elevation as Chief Justice of Delhi High Court, reports The Print. As per the report, the reason given by the Centre for returning the name of Bose J. is that he does not command any experience as a Chief Justice to head a prominent High Court like Delhi. The Supreme Court Collegium had recommended Bose J. for elevation to Delhi High Court on January 10. The resolution passed by the Collegium reads: “Mr. Justice Aniruddha Bose is a senior puisne Judge […]

Days after the Supreme Court verdict in NCT of Delhi v. Union of India, another similar battle has reached the Supreme Court – between the Central government and Union Territory of Puducherry. The Supreme Court today refused to stay the Madras High Court decision to uphold the nomination made by the Centre of three MLAs to the Puducherry Legislative Assembly and also turned down the submissions of the appellants to refer the case to a Constitution Bench. A Bench of Justice AK Sikri and Ashok Bhushan however, issued notice in the matter after hearing the submissions made by Senior Counsel Kapil Sibal appearing for […]

A Division Bench of the Bombay High Court has refused to entertain a petition seeking guidelines on circumstances under which a judge can recuse from a case. The Bench of Justices Shantanu Kemkar and Nitin Sambre took the view that a recusal could take place for a variety of  reasons that were personal to the judge, ranging from his or her conscience, to what might constitute a conflict of interest in their minds. The Court was hearing a petition challenging a decision by the Principal District Judge, Pune, who transferred a case from one judge to another. The case was transferred after one […]

In June this year, the Union Government’s Ministry of Human Resource Development prepared a Draft Bill to repeal the University Grants Commission Act. The Higher Education (Repeal of University Grants Commission Act) Act 2018 aims to promote uniform development of instruction in higher educational institutions. To this end, the Centre has mooted the formation of a Higher Education Commission of India (HECI), which will oversee higher education in universities across India. In effect, this move could change the way law universities in India are run. The Bar Council of India (BCI), the current regulatory body of legal education in India, […]

The parameters under which a high court can interfere in orders passed by a National Company Law Tribunal (NCLT), under article 227 are yet to be clearly defined. While some high courts have refused to entertain reviews on the ground that an alternative remedy by way of an appeal before the National Company Law Appellate Tribunal (NCLAT) exists, others have entertained Civil Revision Petitions (CRP), and passed orders. Whether the same parameters were treated differentially is a debate for another day. On July 16, 2018, the Hyderabad Bench of the NCLT gave their assent to the initiation of the Corporate […]

The Supreme Court continues to hear the case relating to entry of women into Sabarimala Temple for the third consecutive day. The case is being heard by a Bench presided by Chief Justice Dipak Misra and Justices Rohinton Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra. During yesterday’s hearing, Justice Chandrachud had observed that women have an equal right to pray in the temple. Senior Advocates Indira Jaising and Raju Ramachandran, as well as advocate RP Gupta made their submissions on Day 2. Live updates follow: #Sabarimala: Hearing commences. Day 3. — Bar & Bench (@barandbench) July 19, 2018 #Sabarimala: Amicus Curiae Raju Ramachandran resumes […]

The case filed in the Supreme Court by two Christian priests seeking anticipatory bail in what has come to be known as the Kerala Church sex scandal will be heard in camera. The matter was mentioned this morning by counsel for the appellant-accused, who requested that the proceedings be held in camera, considering the nature of the case. The request was allowed. The matter will be heard at 12.30 pm by a Bench of Justices AK Sikri and Ashok Bhushan. The case is an appeal against a Kerala High Court order which had denied anticipatory bail to the accused. Senior […]

In a recent order, the Madras High Court had some harsh words to say on the alarming rise of corruption cases in public employment. While dismissing a petition praying for reduction in the punishment imposed on a police officer who was found guilty under the Prevention of Corruption Act (POCA), 1988, Justice V Parthiban observed, “Today, the tentacles of corruption have permeated to all levels and are eating into the vitals of the State. If such omnipotent corruption is not checked and eradicated, practically the State will be left with nothing for the future generation to understand what is honesty, […]

The Delhi High Court has today issued notice to all civil authorities in Delhi as well as the Centre, in a petition seeking better facilities for lactating mothers, at public places. The bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar was hearing a Public Interest Litigation (PIL) filed by Neha Rastogi, who is a practicing advocate, and her son Avyaan Rastogi. The petition puts forward the problems faced by young mothers in breastfeeding while traveling, to light.  It is stated that one of the foremost causes of anxiety for lactating mothers traveling with their infants is the awkwardness caused by having to […]

The Supreme Court Collegium has resolved that Additional Judge, Justice Arun Kumar be made a permanent judge of the Patna High Court. A resolution passed to this effect on Monday states, “Taking into consideration the material on record, the Collegium finds Mr. Justice Arun Kumar, Additional Judge, suitable for being appointed as Permanent Judge. In view of the above, the Collegium resolves to recommend, for the present, that Mr. Justice Arun Kumar, Additional Judge be appointed as Permanent Judge of the Patna High Court against one of the existing vacancies.” The Patna High Court had recommended that Justice Arun Kumar’s current […]

The Central government is considering increasing the retirement age of Supreme Court and High Court judges, reports News18. However, Union Law Minister Ravi Shankar Prasad has clarified that no such plan is in the works. According to The Print, when asked about the possibility of such a Bill being introduced, Law Minister Prasad said, “No, with a capital N.” As per the News18 report, sources revealed that the government was floating the idea of passing a Bill to increase the retirement age of Supreme Court judges from 65 to 67 and that of High Court judges from 62 to 64. It […]

The Supreme Court Bench of Justices Rohinton Nariman and Indu Malhotra today expressed its immense displeasure over the large number of pending criminal appeals and the failure of the Central and state governments to appoint ad-hoc judges. Justice Nariman, visibly irked by the situation, pulled up the Union of India and the State of Madhya Pradesh over the appalling number of criminal appeals pending. Noting that the Criminal appeals preferred in the year 2001 and 2002 alone were being taken up for hearing in Madhya Pradesh, Justice Nariman said, “There are criminal appeals pending for over 16 years, 20 years. Do you […]

Following the visit of two Supreme Court judges to an event at Faridabad, the Court has sought the assistance of Attorney General for India in relation to jail reforms. On June 3 this year, Justices (retd.) AK Goel and UU Lalit were invited by the Haryana Legal Services Authority for an event at Faridabad. And what the two judges witnessed in the Faridabad Jail and Observation Home has now led to Supreme Court taking upon itself the responsibility to improve conditions and infrastructure in jails. During their visit, Justices Goel and Lalit observed the following deficiencies, among others: Lack of escort officers […]

A Constitution Bench of the Supreme Court yesterday commenced hearing in the case relating to the ban on entry of women into Sabarimala temple. The case is being heard by a Bench presided by Chief Justice Dipak Misra and Justices Rohinton Nariman, AM Khanwilkar, DY Chandrachud and Indu Malhotra. Live updates follow: #Sabarimala: RK Gupta resumes submissions on behalf of Petitioner Indian Young Lawyers Association. — Bar & Bench (@barandbench) July 18, 2018 #Sabarimala: RP Gupta insists on making submissions on history of Sabarimala. Nariman J. and CJI Misra not very keen on the same. — Bar & Bench (@barandbench) July 18, 2018 #Sabarimala: With Gupta arguing […]

The Hyderabad Bench of the National Company Law Tribunal (NCLT) has given its nod for Corporate Insolvency Resolution Proceedings (CIRP)  to be initiated against Ramky Infrastructure Ltd. The company is publicly listed and has a paid-up share capital of over Rs. 57 crores. Judicial Member Bikki Raveendra Babu passed orders after hearing a petition filed by one of Ramky’s operational creditors, Todi Minerals Pvt Ltd. The petitioner claimed that it had entered into an agreement with the Corporate Debtor (Ramky) in 2012, according to which Ramky would be allowed to use their plant and equipment for an initial consideration of about […]

In the ongoing case regarding criminalisation of marital rape, the Delhi High Court on Tuesday noted that marriage does not indicate that spouses have ­all-time consent to have physical relations with the other. The Bench observed that both husband and wife have the right to refuse sexual relations. The oral observation was reportedly made while the Bench of Chief Justice Gita Mittal and Justice C Hari Shankar was hearing the batch of petitions seeking criminalisation of marital rape in India. The Bench was quoted as saying, “Marriage does not mean that the woman is all time ready, willing and consenting (for establishing […]