Even though the deadlock between the collegium and the Centre over judicial appointments seems to have been broken, the permanent Benches of the Karnataka High Court continue to suffer from an acute shortage of judges. The Bench at Kalaburagi is especially short of personnel, with only 3 judges sitting presently. Earlier this month, it was reported that the Centre had agreed to sign off on 44 appointments to various high courts. However, only 2 of these appointments are to the Karnataka High Court, a court that is functioning at less than half its capacity. With the retirement of Justice AN […]

The Central government has extended the deadline to enroll for Aadhaar for availing various benefits/ subsidies/ services, till September 30. An Office Memorandum (OM) issued by Ministry of Electronic and information Technology states, “In order to facilitate convenient and seamless delivery of services/ benefits/ subsidies covered by these notifications to the intended eligible beneficiaries and to avoid hardships to such beneficiaries, it has now been decided to extend the stipulated date in the notifications to 30th September for those beneficiaries who have not enrolled for Aadhaar.” The OM specifically clarifies that this relaxation is available only for those beneficiaries who […]

Hearing of the petitions filed by students against scrapping of revaluation policy by CBSE continued today in the Delhi High Court. Students had approached the Court after multiple discrepancies were reported in the valuation of the 12th board exam answer scripts. The Court, in the previous hearing, had asked CBSE as to why they want to do away with the revaluation policy and had observed that errors in valuation , could be damaging to the career of the students. ASG Sanjay Jain appearing for the CBSE submitted two reasons for withdrawing the revaluation policy. Firstly, no weightage is being given […]

In a gargantuan blunder, Canara Bank attached the property of a wrong person leading to a major snub by the Delhi High Court. A Bench of Acting Justice Gita Mittal and Justice Anil Kumar Chawla came down upon the Bank for failing to verify title documents before attaching the property and directed the Chairman of the Bank to inquire into the matter. The directions were issued by the court in a petition filed by one VK Bhatnagar, a resident of Sainik Farm, New Delhi. Facts A branch of the Canara Bank situated at Lucknow, Uttar Pradesh had extended financial facilities […]

The Uttarakhand High Court yesterday berated the state government for its failure to implement the directions of the court to provide basic facilities in schools. A Bench of Justices Rajiv Sharma and Alok Singh also directed the state government not to buy luxurious cars, furniture and air conditioners till further orders from the court. This unusually strong order was passed in a Miscellaneous Application moved by one Lalit Miglani. In 2016, the High Court had passed a detailed judgment directing the state government to provide all the schools with benches, desks, blackboards (with chalk and duster), computers, well-stocked libraries and well-equipped science […]

The Bar & Bench Causelist #441 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 Sharmishtha Chakrabortty and Anr. v. Union of India Secretary and Ors. Okafor Chukwuka Ugochukwu v. Narcotics Control Bereau Delhi High Court Kashish Mittal v. Central Board Of Secondary Education and Anr. SUMMARY OF CASES Supreme Court of India 1. Sharmishtha Chakrabortty and Anr. v. Union of India Secretary and Ors.  [Item 1 in Court 4 – WP (C) No. 431/2017] Bench: DY Chandrachud, Sanjay Kishan Kaul JJ. Petition challenging the […]

Responding to the counter affidavit filed by the Central government in the Aadhaar case, petitioner Kalyani Sen Menon has filed a rejoinder affidavit rebutting the Central government’s submissions regarding the reach and achievements of Aadhaar. The affidavit, which has been filed through Advocate-on-Record Vipin Nair, specifically rebuts the contention made by the Centre regarding the figures pertaining to enrolment for Aadhaar. The Centre had submitted that around 115 crore people have enrolled for Aadhaar, thereby questioning the petitioner’s locus to file the petitions as a PIL. Responding to this, the petitioner has stated, “…the Respondent has attempted to conflate the […]

The Delhi High Court on Wednesday lambasted the Municipal Corporation of Delhi (MCD) for its blatant defiance of court orders in yet another animated hearing of the matter pertaining to sanitation and spread of vector-borne diseases in Delhi. Another ground report of ABP news was played inside the courtroom before the the Bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar, as has been the norm since the past couple of hearings. Reporter Ankit Gupta of the channel had earlier been appointed as the local commissioner for the case. The report showed the grim reality which encapsulates the city. […]

The President of India has signed off on the appointment of six new additional judges to the Madras High Court. All the fresh appointees are from the Bar. Among the names is Assistant Solicitor General of India for the Madurai Bench of the High Court GR Swaminathan, along with M Dhandapani, Jagdish Chandra, Bhavani Subbarayan, Audikesavalu and Abdul Quddhose. The new appointments have taken the High Court’s working strength to 54 judges, as against a sanctioned strength of 75. We had earlier reported that the High Court would see the appointment of these six judges within a week. Read the Ministry of Law’s notification:

A day after he was arrested in Coimbatore, Justice CS Karnan has been denied bail by a vacation Bench of the Supreme Court. Mathews Nedumpara appeared before a Bench of Justices DY Chandrachud and Sanjay Kishan Kaul today, also seeking a suspension of the sentence imposed on Karnan J. The Bench, however, was in no mood to grant any sort of relief to . . . 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 […]

Retired Calcutta High Court judge, Justice CS Karnan has been arrested today. According to ToI, he was arrested at Coimbatore and taken to Chennai. Justice Karnan had stayed for a few days at a resort in Cochin after which he had moved to Coimbatore when he was arrested today by the West Bengal police. On May 9 this . . . 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 […]

The Central government has directed all Ministries and government departments not to ask for Aadhaar number while dealing with RTI applications. An Office Memorandum issued by the Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pensions states the following: “it is requested that all Ministries/Departments of Govt. of India including the subordinate offices may ensure the following while handling RTI applications viz. receiving, replying and uploading on websites etc.:-

The Punjab & Haryana High Court is seized of yet another case relating to appointments to lower judiciary. The petition filed by one Gurkirat Singh Dhillon challenges the appointments to the post of Civil Judge (Junior Division)-cum-Judicial Magistrate for Punjab Civil Services (Judicial Branch) for 2013-14. The case was heard by a Bench of Justice Mahesh Grover and Shekher Dhawan, which issued notice in the matter. Advocate Animesh Sharma appeared for the petitioner.

Governor of Bihar Ram Nath Kovind has been announced as the Bharatiya Janata Party’s candidate for President of India. Before joining politics, Kovind was a lawyer appearing in the Supreme Court and the Delhi High Court. He enrolled as an advocate in 1971 and was Central Government Advocate at the Delhi High Court from 1977 to 1979. He became an Advocate-on-Record at the apex court in 1978. According to the data available on the website of Supreme Court of India, his AoR Code is 567. He was also Central Government Standing Counsel in the Supreme Court from 1980 to 1993. […]

In a judgment which might have significant implications on the legal community, especially lawyers employed in law firms, the Gujarat High Court has held that when a person is employed as a legal consultant/expert even on a contractual basis, he/she cannot be allowed to enroll and practice as a lawyer. The judgment was delivered by Justice NV Anjaria in a petition filed by one Jalpa Pradeepbhai Desai (petitioner) against the Bar Council of India (BCI) and Bar Council of Gujarat (BCG . . . To read the entire article, get a premium account With a premium account you get: One […]

In a remarkable order, the Central Information Commission (CIC) has asked the Central government to respond to the queries posed by RTI activist Subhash Chandra Agarwal regarding the BCCI and its functioning. The queries include the reason for the continued use of the logo designed by the British instead of the symbol of Union of India, and failure to bring BCCI within the scope of Right to Information Act. The order was passed by Central Information Commissioner M. Sridhar Acharyulu . . . To read the entire article, get a premium account With a premium account you get: One year of […]

In what could turn out to be a major battle concerning tribunalisation, the Madras High Court yesterday issued notice to the Central government in a petition challenging Sections 156 to 189 of the Finance Act, 2017 and the Tribunal, Appellate and other Authorities (Qualifications, Experience and other conditions of Service of Members) Rules, 2017. The petition filed by Madras Bar Association was heard by a Bench consisting Chief Justice Indira Banerjee and Justice M Sundar. Senior Advocate Arvind Datar appeared for . . . To read the entire article, get a premium account With a premium account you get: One year of […]

The Bombay High Court yesterday held that an Amul advertisement depicting the difference between ice-cream and frozen desserts amounted to slander of goods. Earlier this year, Kwality Wall’s had filed a plaint in the High Court claiming that an advertisement put out by Amul sought to mislead consumers by stating that all frozen desserts contain Vanaspati, an ingredient proven to be unhealthy. The judgment was reserved on April 28 this year. Senior Advocate Virag Tulzapurkar argued for . . . To read the entire article, get a premium account With a premium account you get: One year of unrestrcited access […]

Ruling that right to sanitation is a fundamental right under Article 21, the Himachal Pradesh High Court has urged the State of Himachal Pradesh to construct public toilets along the highways. The order was passed by a Bench of Acting Chief Justice Sanjay Karol and Justice Sandeep Sharma on May 19. Advocate General Shrawan Dogra appeared for the State government while advocate Deven Khanna served as Amicus Curiae. The Court noted the absence of public . . . To read the entire article, get a premium account With a premium account you get: One year of unrestrcited access to previous […]

The International Court of Justice (ICJ) has fixed time-limits for the filing of the initial pleadings in the Kulbhushan Jadhav Case. According to a Press Release, India has to file its memorial by September 13, 2017 and Pakistan has to file its counter-memorial by December 13, 2017. The press release states: “By an Order dated 13 June 2017, the President fixed 13 September 2017 and 13 December 2017 as the respective time-limits for the filing of . . . To read the entire article, get a premium account With a premium account you get: One year of unrestrcited access to […]

Gangster Abu Salem has been convicted on charges of conspiracy and terrorist acts under the Terrorist and Disruptive Activities (Prevention) Act, 1987 in the 1993 Mumbai Blasts case. The decision was rendered by a Special TADA Court in Mumbai, reports NDTV. Besides Salem, Mustafa Dossa, Karimullah Khan, Firoz Abdul Rashid . . . 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 a subscriber ? Login

The Competition Commission of India recently imposed a penalty of Rs. 87 crore on Hyundai Motor India Limited for violating Section 3 of the Competition Act. Two previous dealers of Hyundai vehicles in India – FX Enterprise Solutions and St. Antony’s Cars – had filed complaints before CCI alleging anti-competitive behaviour on the part of the vehicle manufacturer. Talwar Thakore & Associates in collaboration with Vinod Dhall acted for FX through a team comprising Executive Chairman of Competition Law Vinod . . . To read the entire article, get a premium account With a premium account you get: One year […]

Former Chief Justice of India, Justice PN Bhagwati passed away today at around 8 pm. He was critically ill. Justice Bhagwati was 95 years old. Justice Bhagwati had graduated in law from Government Law College, Bombay and started his practice in Bombay High Court. He became a judge of the Gujarat High Court in 1960 and the Chief Justice of Gujarat High Court in 1967. He was elevated to Supreme Court in 1973 and became the Chief Justice of India on July 12, 1985. He retired as CJI on December 20, 1986. Justice Bhagwati is known for introducing and pioneering […]

The Central government’s Ministry of Environment, Forest and Climate Change had notified the controversial Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017 on May 23. The Rules, which ban the sale of cattle for the purpose of slaughter in animal markets, has triggered wide spread protests in states like Kerala, where there . . . 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 a subscriber […]

Space constraint in court rooms have been a big problem plaguing the Supreme Court of India. The space in court rooms and corridors have been woefully inadequate to accommodate the burgeoning crowd of lawyers and litigants. As a temporary measure, the Court is likely to get four bigger court rooms when it re-opens on July 3 after the summer break. A note by Supreme Court Bar Association states that the Chief Justice of India has issued . . . To read the entire article, get a premium account With a premium account you get: One year of unrestrcited access to […]

The Supreme Court today issued notice to the Central Government in the petition filed by a Hyderabad-based organisation challenging the recently notified Prevention of Cruelty to Animals (Regulation of Livestock Markets) Rules, 2017. A Bench of Justices RK Agarwal and Sanjay Kishan Kaul heard the matter today and issued notice but refused to stay the impugned Rules.

The Law Ministry’s Department of Justice discussed ways by which pendency of cases can be reduced in a meeting held on Monday. During the course of the meeting, a number of interesting facts and figures were revealed. For starters, the government admitted that the Centre and the states were responsible for over 46% of the 3 plus crore cases pending across courts in the country. The central government alone is a party in 1,35,060 cases, as . . . To read the entire article, get a premium account With a premium account you get: One year of unrestrcited access to […]