The Supreme Court has widened the scope of front-running and ruled that ‘non-intermediary front-running’ in the securities market will be brought under the prohibition prescribed for fraudulent/ unfair trade practices. The 60 page judgment by a bench of Justice Ramana and Justice Gogoi observed that “unfair trade practice” is not an expression clearly defined. The court clubbed four petitions, two filed by the Securities and Exchange Board of India (SEBI) and two by individuals, since the Securities and Appellate Tribunal (SAT) had taken two different views on whether “non-registered SEBI intermediaries” could be charged with front-running. The primary case is against […]

While the impending regulations governing Peer-to-Peer (P2P) lending platforms are awaited, the Reserve Bank of India (RBI) has notified that such platforms will fall under the ambit of a Non-Banking Financial Company (NBFC). The gazetted notification further defines what the business of P2P lending is, “the business of providing under a contract, the service of loan facilitation, via online medium or otherwise, to the participants who have entered . . . 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 […]

IDIA (Increasing Diversity by Increasing Access) held its annual awards ceremony at the Constitution Club of India in New Delhi on Friday. IDIA aims at reaching out to the marginalized and under-represented sections of the society, sensitize them to law as a viable career option and help interested students from these sections to acquire admissions to law schools. The initiative believes that good legal education enables the cultivation of personal autonomy, intellectual independence and development of critical life skills beyond the traditional goals of teaching, training and learning of specific skills. The award ceremony is held every year to acknowledge the […]

Delhi sees another major change in the judicial set up under the leadership of Acting Chief Justice Gita Mittal as 13 traffic courts held in Tis Hazari, Karkardooma, Patiala House, Dwarka, Saket and Rohini get abolished. According to the notification issued by the Delhi High Court, along with the abolition of traffic courts, 87 judicial officers of various courts have been transferred. The District and Sessions Judge of the concerned court has been directed to ensure that proper track is kept . . . Facebook Comment To read the entire article, get a premium account With a premium account you […]

The Department of Industrial Policy and Promotion (DIPP), Ministry of Commerce and Industry, Government of India (GOI) recently released the consolidated foreign direct investment (FDI) policy circular of 2017 (New FDI Policy). The New FDI Policy is effective immediately from the date of its publication, i.e., 28 August 2017. The New FDI Policy supersedes the consolidated FDI policy of 2016 issued by the DIPP on 7 June 2016 (Erstwhile FDI Policy) and consolidates all the press notes issued by the DIPP post 7 June 2016 until 27 August 2017. Key changes Key changes brought about in the FDI regime through the New […]

Seeking to further legitimise the (objectionable) practice of Internet (and telecom services) shutdowns, the Department of Telecommunications has issued rules under the Telegraph Act, 1885, which gives the Central as well as State Government(s), authority to suspend ‘telecom services’. Software Freedom Law Centre has been maintaining a database of reported internet shutdowns in India, with the total count to 101 of which 42 have been in 2017 alone. While the Rules continue to . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year of unrestrcited access to previous […]

Yesterday, the Delhi High Court added yet another feather to its (already loaded) cap under the leadership of the Acting Chief Justice Gita Mittal with a profound training programme for doctors regarding handling of sexual violence cases. The programme, apart from making doctors aware about the psyche of the victims as well as the legal issues involved, aimed at guiding them regarding collection of evidence and ensuring purity of such evidence. Other objectives of the programme include: Ensuring . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year of unrestrcited […]

The Insolvency and Bankruptcy Board of India (IBBI) recently amended two of its regulations to allow claims by persons who are not either financial or operational creditors. Amendments were made to the IBBI (Insolvency Resolution for Corporate Persons) Regulations, 2017 and IBBI (Fast Track Insolvency Resolution for Corporate Persons) Regulations, 2017 to include ‘Rule 9A’ and  ‘Form F’ in the respective Regulations; permitting claims to be made by creditors other than financial and operational creditors.

Alleging criminal negligence and apathy which led to the death of more than 65 children at the Baba Raghav Das (BRD) Medical College in Uttar Pradesh’s Gorakhpur district, the Youth Bar Association of India, a civil society organisation, has filed a PIL in the Allahabad High Court demanding a CBI probe. The petition, filed through Advocates Saksham Srivastava and Anoop Trivedi, contends that only an “intense inquiry” by an independent agency like the CBI can establish whether the acute paucity of oxygen . . . Facebook Comment To read the entire article, get a premium account With a premium account you […]

The Singapore International Arbitration Centre (SIAC) has opened its second office in India at Gujarat International Finance Tec-City (GIFT) International Financial Services Centre Zone (IFSC). This is pursuant to the Memorandum of Agreement entered into between SIAC and GIFT. The collaboration will promote to all companies and investors in GIFT, the use of arbitration and related dispute resolution services such as the Arb-Med-Arb service jointly provided by SIAC and the Singapore International Mediation Centre. In a press release, CEO of SIAC Lim Seok Hui was quoted as saying, “…Opening a second SIAC office in India in GIFT IFSC will allow SIAC […]

The central government and the Supreme Court are mulling conferring powers of tribunals upon district judges, reports ET. According to the report, a meeting was recently held wherein top officials from the Prime Minister’s Office, Ministries of Finance and Law, Department of Personnel and Training (DoPT) were in attendance, along with two Supreme Court judges. The primary reason for . . . 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 entry of foreign law firms into India may be a reality very soon. Prime Minister of India Narendra Modi has instructed the Law Ministry and Commerce Ministry to allow the liberalisation of the legal market, and to submit a draft notification in four weeks, reported ET Now. Recently, the Law Ministry and the Commerce Secretary had met with the Bar Council of India Chairman, SILF President and other . . . 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 […]

The Supreme court today dismissed a PIL filed by advocates Ashwini Kumar Upadhyay and  JC Seth seeking to make yoga compulsory in schools. A Bench of Justices Madan B Lokur and Adarsh Kumar Goel said that it is for the government to decide and not the Court. On November 29 last year, the Court had sought the Centre’s response in a PIL . . . 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 […]

Today, Law Minister Ravi Shankar Prasad held a media briefing at New Delhi’s Shastri Bhavan to expound on the findings of a High Level Committee constituted to review the institutionalization of arbitration mechanism in India. The ten-member committee headed by retired Supreme Court Judge Justice B N Srikrishna included Justice (Retd) R V Raveendran, Justice S Ravindra Bhat of the Delhi High Court, Attorney General KK Venugopal, ASG P S Narasimha, Senior Advocate Indu Malhotra, Research Director of Vidhi Arghya Sengupta . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: […]

The central government’s push to make Aadhaar all-pervasive in our daily lives has gone beyond the grave. This time, the Home Ministry has mandated the requirement of the twelve-digit number for registration of deaths. Rather than putting an additional burden on aggrieved relatives of the deceased, the Centre believes that such a move would “result in ensuring accuracy of the details provided by the relatives / dependents / acquaintances of the deceased”.

The Registrar General of the Punjab & Haryana High Court has issued a circular to all district and sessions courts in Punjab, Haryana and the Union Territory of Chandigarh, directing them to collect the Aadhaar numbers of parties while entering cases in the court docket. This directive comes after the Executive Committee of the High Court, in a meeting on July 17, decided to go ahead with the move. The circular was subsequently issued on July 27. The operative part of the directive requests Advocates to inform their clients that they have to provide their Aadhaar numbers, which will be […]

Expressing severe displeasure at the Advocate General Raghvendra Singh’s absence from the court despite being called multiple times, a Division Bench of Justices Ramesh Sinha and Rekha Dikshit has asked the Chief Minister to look into the matter. The Bench also directed the State’s Chief Secretary to appear before it in person on the next date of hearing and file an affidavit stating what steps were being taken in the matters that it was hearing.

A group of 16 women’s rights organisations has sent a memorandum to the Chief Justice of India asking him to review the decision in Rajesh Sharma v. State of UP, delivered by a Bench of Justices Adarsh Kumar Goel and Uday U.  Lalit on July 27, 2017. The group, which includes organisations like Lawyers Collective, Jagori, and All India Women’s Democratic Association, expresses its dismay . . . 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 […]

Bar Council of India (BCI) Chairman Manan Kumar Mishra and the Society of Indian Law Firms (SILF) President Lalit Bhasin met with Law Minister Ravi Shankar Prasad today to discuss the entry of foreign law firms. Speaking to Bar & Bench, the BCI Chairman confirmed that the Law Secretary, the Commerce Secretary, and Bar Association of India President-Elect Prashant Kumar were also present at the meeting today. At the meeting, Bhasin today . . . 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, […]

The Lok Sabha today passed the Companies Amendment Bill, 2016, which was introduced in March last year. The Bill amends more than 40 provisions of the Companies Act, 2013. The Bill was introduced based on the suggestions received from various stakeholders on the Companies Law Committee Report, which was published in February 2016 suggesting certain reforms to the Act. PRS reports, “During the debate, members pointed out that a high number of sections of the Companies Act . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year of […]

The Law Commission of India has, in its 271st Report, come out with a Draft Bill governing DNA profiling. Before looking at the proposed provisions of the Draft Bill, it is necessary to delve into the history of the issue. On 23 June 2006, Sections 53A and 54 were added to the Code of Criminal Procedure to govern the collection of bodily fluids and other biological samples from suspects, and also provided for DNA profiling.

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 . . . 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 Bar & Bench reports Register Already […]

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 […]

Speaking at the inauguration of the Family Court at the Karkardooma Court Complex in North-East Delhi on 19 July, Justice Gita Mittal, Acting Chief Justice of the Delhi High Court said that family courts must render compassionate and just decisions without falling into the trap of inordinate delays. To buttress her point, she quoted from Chief Guest the Supreme Court’s Justice Dipak Misra’s 2014 decision in Bhuwan . . . 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 […]

The Bar Council of India is set to meet the Law Minister at the end of this month to discuss the Draft Rules for the “registration and regulation” of non-Indian lawyers in the country. Speaking to Bar & Bench, BCI Chairman Manan Kumar Mishra confirmed that the “Bar Council of India Rules for Registration and Regulation of foreign lawyers, 2016”, drafted by the BCI in 2016 will now be up for discussion with the Law Ministry on

An ongoing probe against two Orissa High Court judges has been stalled because the name of a senior Supreme Court judge cropped up all of a sudden. This news was reported in DNA today. Flummoxed at this development, the three member panel of high court judges, headed by Punjab and Haryana High Court Chief Justice SJ Vazifdar and also including Uttarakhand High Court Chief Justice KM Joseph and currently Supreme Court Justice S Abdul Nazeer (who was earlier with the Karnataka High Court), has written to CJI Justice Khehar seeking his guidance. The panel has stated that despite allegations of the Supreme Court judge’s […]

Effective, free legal aid and release from prison if half the sentence has been served in pre-trial detention: these are the twin pillars which, according to criminologists and legal experts, form the bulwark of the mechanism for reducing the undertrial population in India. However, a report released on July 12 by the human rights organisation Amnesty International has found that both these twin pillars are gravely plagued by ills. The ratio of legal aid lawyers to the undertrial population is a poor one, the status of lawyers’ visits . . . Facebook Comment To read the entire article, get a […]

Sharply castigating the Army and State for using a 26 year old weaver as a human shield, a bench of the Jammu and Kashmir State Human Rights Commission headed by Justice (Retd.) Bilal Nazki ordered the state government to pay him a compensation of Rupees 10 lakhs. The SHRC’s 10 July ruling came in a case brought by Mohammad Ahsan Untoo, Chairman of the civil society organization, International Forum for Justice and Human Rights Jammu and Kashmir .

In almost all incidents of mob lynchings, the numbers of which have been alarmingly rising in recent times, the police and administration are usually mute bystanders to the murderous rampage of vigilantes. Sometimes the acts of deliberate inaction are borne out of complicity, sometimes sheer apathy. Aghast and appalled at this state of affairs, a group of concerned citizens and public persons, with the aid of senior lawyers, have come together under the banner of “Campaign Against Mob Lynching” and have formulated a draft law- titled The Protection from Lynching Act, 2017 or the “Manav Suraksha Kanoon” (Human Lives Protection […]

In India, it is difficult to estimate or calculate the number of incidents of lynching in which death(s) have been caused or people have been injured. India does not record “lynchings” or “mob violence” separately, but does record incidents of communal riots, promoting enmity between people on the grounds of religion, and communal incidents. To fill in this gap, and to address a problem whose intensity is soaring only by the day, the National Crime Records Bureau (NCRB) is mulling on creating . . . Facebook Comment To read the entire article, get a premium account With a premium account […]