The Madras High Court has ordered that the national song Vande Mataram be sung in all schools, colleges and educational institutions at least once a week, reports The News Minute. The order to that effect was passed by Justice MV Muralidharan in a petition filed by one K Veeramani. Veeramani’s case pertained to the question of language in which Vande Mataram was first written. According to TOI, Veeramani had failed to clear the written test for the post of Teaching Assistant, as he answered that the song was written in Bengali. He was awarded 89 marks in the test conducted for […]

Yesterday, the Delhi Chief Minister Arvind Kejriwal filed his response to the application moved by the Finance Minister Arun Jaitley praying to maintain order during his cross examination in the civil defamation case. Jaitley’s application had stated that numerous irrelevant and scandalous questions have been asked and that the intention of the defendants is to delay the conclusion of recording of evidence by posing these questions. The reply, filed through Advocate Anupam Shrivastava, denied the averments made by Jaitley in the aforesaid application. It states, “The counsel on record had categorically stated before the Registrar that no instructions were given by the […]

A Supreme Court Bench of Justice Rohinton Nariman and Justice Sanjay Kishan Kaul yesterday exercised powers under Article 142 of the Constitution to record consent terms between the parties post admission of the application under Insolvency and Bankruptcy Code, 2016.   The Mumbai Bench of NCLT had, in June 2017, initiated corporate insolvency resolution process against the corporate debtor, Lokhandwala Kataria Construction on an application filed by financial creditor, Nisus Finance & Investment Manager LLP under Section 7 of the Code.  Both parties to this application, however, approached the NCLAT after the case was admitted to record consent terms between them. The NCLAT […]

The Union Law Ministry has acted on files for appointment of five new judges to Calcutta High Court, reports The New Indian Express. The files will soon be sent to the Prime Minister’s Office, the report states. The five files were initially rejected by the Central government and sent back to the Supreme Court Collegium nearly 10 months ago. The Collegium had reiterated the names and sent it back to the Centre, when it went into cold-storage. The report also states that all five who are being considered are senior lawyers and the list includes one woman lawyer. This move […]

A special CBI court, presided over by judge Pawan Kumar Tiwari held businessman Moninder Singh Pandher and his domestic help Surender Koli guilty of rape, murder, abduction and criminal conspiracy in a case relating to the killing of a 20-year-old woman Pinki Sarkar, and sentenced them to death. The decision came in the wake of a series of cases, which were filed in the 2009 Nithari killings incidents, that had rocked India.  It was alleged that Pandher and Koli had abducted, raped, and even cannibalised young women and minor girls from low-income households, who were seeking work as domestic help. The […]

The Competition Commission of India (CCI) today unconditionally approved the merger of the telecommunications businesses of Vodafone India Limited, and its wholly-owned subsidiary Vodafone Mobile Services Limited, with Idea Cellular Limited. The USD 23 billion transaction is the largest transaction by value in the history of Indian M&A. Shardul Amarchand Mangaldas and Trilegal acted on  the competition law aspects of the deal and secured CCI’s approval for the deal. The deal required a complex merger notification, in a detailed Form II filing, to be filed with the Commission, including a detailed assessment of the interplay between economics, competition law and […]

The Delhi High Court today issued notice to the Delhi Police and Subramanian Swamy in an intervention application by Sunanda Pushkar’s son Shiv Menon in Swamy’s petition calling for an SIT investigation into Puskhar’s death. The applicantion filed by Sunanda Puskhar’s son states, “The applicant is extremely perturbed to come across continuous updates regarding the death of his mother which has become a sensational news and a topic of unfettered gossip amongst the common people who do not have complete knowledge about the facts and circumstances of the case.” It is a cause of concern for the applicant that various […]

In the wake of the condemnation of the Law Commission of India’s proposed amendments to the Advocates Act, an eight-member Drafting Committee has been formed to look into the issue. Earlier this month, a meeting was held in Delhi involving High Court Bar Associations and State Bar Councils from around the country. The representatives of these associations unanimously resolved to reject the Law Commission Report termed as “draconian, anti-lawyer and undemocratic”. During that meeting, the BCI had decided to form an internal Drafting Committee consisting of eight members to review all the suggestions made by the Law Commission. President of […]

Can an independent filmmaker’s documentary on how the activities of aerated drinks and bottled water companies harm the environment and livelihoods be denied certification on the grounds of being defamatory, politically motivated and misleading? This is the central question in Jharana Jhaveri’s writ petition filed before the Delhi High Court. The petition was drafted by Advocate Ahmed Faraz Khan and argued by Senior Advocate KTS Tulsi. In 2016, Jhaveri made the documentary “Charlie and the Coca Cola Company”, highlighting the miserable conditions and widespread protests by farmers in certain parts of Uttar Pradesh and Gujarat arising from the issue of […]

The Kerala High Court today rejected the bail application of popular Malayalam actor Dileep in the abduction and molestation case he has been implicated in. Justice Sunil Thomas opined that it was too early in the investigation to grant the actor bail. Dileep was charged under Sections 120(B), 342, 366 ,376(D), 411, 506(1), 201, 212 & 34 of the Indian Penal Code and sections 66 (E) & 67(A) of the Information Technology Act. As the investigation unfolds, it has come to light that Dileep had set the wheels of a revenge crime in motion against the victim, also a noted […]

The National Company Law Appellate Tribunal (NCLAT) has remitted a case back to NCLT, Delhi which involves a question of what constitutes “financial creditor”. In the instant case, Nikhil Mehta and Sons, the Buyer(s)/Appellant(s) had entered into different agreements/MoU(s) with AMR Infrastructure, the Respondent/Corporate Debtor, for purchase of three properties. One of these properties was purchased by the Buyers under the “committed return plan” as per which the Buyer paid a substantial portion of the total sale consideration upfront at the time of execution of MoU. In return for this lump sump payment of almost 80% of the sale consideration, […]

A Public Interest Litigation seeking investigation into persecution of Kashmiri Pandits was declined by Supreme Court today. The PIL filed by NGO Roots in Kashmir came up before the Bench of Chief Justice JS Khehar and Justice DY Chandrachud. “Why did you not move the court then? How can we order investigation in a matter which happened 27 years ago. It is heart wrenching to go through the contents of the petition. But you did not come here then”, demanded the Bench. When the Counsel for the petitioner persisted, the Bench was visibly irked. “You are not answering the question […]

The Supreme Court today issued notice to Senior Advocate Abhishek Manu Sinhgvi and his proprietorship concern, Rishabh Enterprises in an appeal filed against a decision of the Delhi High Court by three companies. A Bench of Justices Ranjan Gogoi and Navin Sinha issued notice returnable in 6 weeks but refused to stay the judgment of the High Court. Earlier four judges, Justices DY Chandrachud, NV Ramana, Rohinton Nariman and Sanjay Kishan Kaul had recused from the case. The case is an appeal against a decision from the Delhi High Court on whether a dispute between Ameet Lalchand Shah and Rishabh Enterprises should […]

Two students of the National Law Institute University (NLIU), Bhopal have made complaints that seniors on campus indulged in ragging and even sexual abuse of freshers, reports The Indian Express. Students have come forth with complaints that seniors forced them to watch porn until five in the morning and that a female senior student sexually molested a junior repeatedly while in an inebriated state. There are allegations that hostel authorities and teachers were aware that alcohol consumption took place on campus, but turned a blind eye to it. Following the complaints, the Proctoral Board headed by Rajiv Khare took the […]

The Allahabad High Court has been witnessing a tussle between the Bar and the Bench for the past few days. While the Bar alleges that the conduct of Justice Sudhir Agarwal has been inappropriate and insulting towards the lawyers, the judge feels the stance of the Bar to be contempt of Court. Recently, lawyers went on strike as a mark of protest against the Bench, which they allege had passed adverse remarks against them. The members of the Allahabad High Court Bar Association represented by their President Anil Tiwari had also requested Chief Justice DB Bhosale to intervene and restore convention. Then […]

Justice Valmiki Mehta of Delhi High Court will not be transferred to Andhra Pradesh & Telangana High Court, reports DNA. As per the report, the Collegium headed by Chief Justice JS Khehar has relented to the Centre’s proposal to reconsider the decision to transfer Justice Mehta out of Delhi High Court. The recommendation to transfer Justice Valmiki Mehta was taken by the Collegium headed by former Chief Justice of India, Justice TS Thakur in March 2016. The Centre had refused to process the file for quite some time resulting in some strong observations by Justice Thakur during the hearing of […]

The Kolkata Bench of the NCLT has admitted an insolvency petition filed against Electrosteel Steels by the State Bank of India. Dhaivat Anjaria, a PwC partner has been appointed as the Insolvency Professional under Section 13 of the Insolvency and Bankruptcy Code, 2016. Anjaria will now take control over the management and charge of Electrosteel Steels. Electrosteel Steels representatives did not appear in the NCLT when the matter was mentioned in the court first on 10 July. The bench gave Electrosteel Steels another opportunity to defend itself but on 18 July, Sachchida Nand Pandey, a lawyer appearing for the company, […]

The National University of Juridical Sciences (NUJS), Kolkata has constituted a Review Commission for the first time in its 16-year history. Speaking to Bar & Bench, Vice-Chancellor of NALSAR, Hyderabad Prof Faizan Mustafa has confirmed that the Commission will have the following members: as Chairman, Prof Mohan Gopal (director of the Rajiv Gandhi Institute for Contemporary Studies in Delhi, and the former director of the National Judicial Academy Bhopal); as member, Prof Faizan Mustafa (vice-chancellor of Nalsar Hyderabad); and as third member, Prof Lalit Magotra (former head of physics and sciences dean at the University of Jammu). Pressure to form the […]

The Supreme Court has asked the Central government and States to work together to effectively implement the National Food Security Act, 2013 (NFS Act). A Bench of Justices Madan B Lokur and NV Ramana also made some pertinent observations in the judgment regarding Federalism and the role of Union and States while urging the Centre to exercise powers under Article 256 of the Constitution, which provides for ‘Obligation of States and the Union’. Justice Ramana delivered a separate concurring judgment. The case is a petition filed by Swaraj Abhiyan regarding drought in different States and effective implementation of NFS Act. […]

Recent reports suggest Reliance Jio’s user data was breached, jeopardising the personal details of its 120 million subscribers, including their Aadhaar details. While Reliance has claimed that the information is (prima facie) unauthentic and investigations are still underway, this incident has once again underlined the debate over the Right To Privacy. While the issue is being debated before a 9-judge Bench of the Supreme Court of India, it is relevant to take a look at the importance of having a legislation that protects data privacy, and the government’s efforts (or lack thereof) to make the same a reality. The challenge to Whatsapp […]

The Central government today made some interesting submissions before a Constitution Bench of the Supreme Court which is hearing the case relating to User Policy of Whatsapp. Additional Solicitor General PS Narasimha, representing the Central government, told the Court that personal data is a reflection of personality of an individual and integral to life and dignity. The submissions were made before a Bench . . . 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 […]

The Principal Bench of the Madras High Court yesterday passed an interim order allowing public law officers abruptly terminated by the state government to continue representing the state until August 16. The order was passed by the Division Bench of Chief Justice Indira Banerjee and Justice M Sundar. “The interim order dated July 5 is modified/clarified to the extent that the appointments that have been terminated may continue to represent the state . . . 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, […]

Who will hear a case against a Senior Advocate? The Chief Justice of India might have a tough time deciding the Bench to hear an appeal in the Supreme Court against Senior Advocate Abhishek Manu Singhvi and his proprietorship concern Rishabh Enterprises, as two more judges recused themselves from the matter today. Justices Rohinton Fali Nariman and Sanjay Kishan Kaul refused to hear the matter. “Neither of us will hear this matter”, said Justice Nariman when the case came up for hearing today as item 52 in Court 13. Interestingly, the matter was first listed today before a Bench of […]

The Central government today told Supreme Court that it does not support any kind of vigilantism. The submission was made by Solicitor General Ranjit Kumar during the hearing of PIL filed by Tehseen Poonawalla seeking action against Cow vigilantes. He also said that the issue is a State subject and not under the purview of Central government. “The Centre does not support any kind of vigilantism. However, the matter is a State subject”, he said.

The Delhi High Court has dismissed a petition filed by one Ravi Chandra Prakash challenging Regulation 12 of Regulations regarding Advocates-on-Record Examination which bars re-evaluation of answer sheets in Supreme Court AoR exam. A Division Bench of Acting Chief Justice Gita Mittal and Justice Anu Malhotra turned down the challenge on the ground that the challenge is devoid of merits and is an afterthought after the petitioner failed to qualify. The Supreme Court AoR exam is governed by Regulations titled “The Regulation Regarding AOR Examination”. These Regulations have been framed by the Supreme Court in exercise of the powers conferred […]

The Allahabad High Court Bar Association has decided to go on a strike on July 21 as a mark of protest against a sitting judge of the Allahabad High Court. It is alleged by the members of the Bar that Justice Sudhir Agrawal, while hearing a matter, had passed a general remark which was adverse to the dignity of the lawyers. The Bar, in a notice, has claimed that they tried to resolve the issue with the Chief Justice . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year […]

The Competition Commission of India (CCI) has dismissed allegations of predatory pricing against Ola filed by two Bengaluru based taxi operators. Fast Track Call Cab Pvt. Ltd and Meru Travel Solutions Pvt. Ltd had approached the CCI in 2015 alleging that ride-hailing unicorn Ola had abused its ‘dominant position’ in the market by offering heavy discounts to passengers and incentives to cab drivers. Thus, the questions which arose were a)

The Madras High Court today heard the first round of arguments presented by the State of Tamil Nadu, in the appeal filed against the recent High Court decision regarding the applicability of National Eligibility cum Entrance Test (NEET) in the state. The matter was head by a Division bench of Justices Nooty Ramamohana Rao and M Dhandapani . The single judge verdict, rendered by Hon’ble Justice K Ravichandrababu, had upheld

The Delhi High Court has today directed the Ministry of Home Affairs to file a compliance report within 6 weeks on its 2014 judgment The Court passed this order while hearing the contempt petition filed by Association for Democratic Reforms (ADR) against the Home Secretary alleging wilful disobedience of court orders. In March 2014, the Delhi High Court had delivered a judgment in a public interest litigation filed by ADR contending that there is a blatant violation of the . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year […]

On 25 April this year, the Bombay High Court had granted bail to Sadhvi Pragya Thakur, one of the principal accused in the Malegaon blasts case. However, Nisar Ahmed Haji Sayed Bilal, a resident of Malegaon has challenged this ruling in the Supreme Court by way of a Special Leave Petition drafted and filed by Ejaz Maqbool & Company. The Special Leave Petition mainly . . . 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 […]