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 […]

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 […]

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 […]

Judges in Delhi’s Constitutional Courts have started shedding the red beacons on their official vehicles, in consonance with the decision of the Central government to ban such beacons from the cars of all Constitutional functionaries, Ministers, bureaucrats and other VIPs. All the judges of Delhi High Court have removed the red beacons, according to sources. Judges of the Supreme Court has also started to adhere to the proposed decision and many have already given up the red beacons. Though the ban comes into effect only on May 1 and the amendment to the concerned Rule has not happened yet, the judges […]

Minister of Law and Justice Ravi Shankar Prasad today inaugurated three welfare initiatives of the Department of Justice. The services launched are ‘Pro-bono legal services’, ‘Tele-law service’ and Nyaya Mitra. Through the Pro bono legal services, lawyers who want to provide legal services free of cost can register themselves on a web-based platform launched by the DoJ. Litigants from marginalised sections of society, women, children, senior citizens, persons with low income and others can apply for pro bono legal representation. The Law Minister also called for the legal fraternity to be more proactive in providing pro bono services, and highlighted […]

The inimitable Justice GS Patel of the Bombay High Court has struck again with his brand of sharp wit. This time, he has imposed costs of Rs. 184 in an order passed on April 18, in an Arbitration Petition. Justice Patel was hearing the case in which the petitioner sought to withdraw an Arbitration Petition with an intention of filing a fresh one, in light of information that had earlier escaped his attention. Counsel for the petitioner Cyrus Ardeshir had argued that amending the existing petition would cause substantial inconvenience to the parties as well as the Court. However, Ankit […]

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 Salam Samarjeet Singh v. High Court of Manipur at Imphal In RE: Prajwala Letter Dated 18.2.2015 Videos of Sexual Violence and Recommendations Delhi High Court Vijendra Gupta vs. Arvind Kejriwal Vodafone Mobile Services Ltd. v. Telecom Regulatory Authority of India State through CBI vs. Sajjan Kumar and Ors. SUMMARY OF CASES  Supreme Court of India 1. Salam Samarjeet Singh v. High Court of Manipur at Imphal [Item 104 in court 2 – Writ Petition (C) 294/2015] Bench: J Dipak Misra, A M Khanwilkar, M […]

In another major attempt to change the landscape of punishment under criminal justice system, the Delhi High Court has issued a slew of directions to the Tihar Jail Superintendent in treating a homicide convict. The directions were issued by a Bench comprising Acting Chief Justice Gita Mittal and Justice Anu Malhotra in a case involving killing of a man. By way of background, the Court was hearing an appeal filed by one Naval Kishore, who was convicted by the Additional Sessions Judge for murder under Section 302 of IPC. However, the High Court set aside the conviction under Section 302 […]

If the headline seems bizarre, it does not hold a candle to the Madras High Court order that inspired it. On July 15 of last year, the High Court passed an order directing a host of Internet Service Providers (ISPs) to block as many as 169 websites (that number was changed to 225 in a subsequent order), on the grounds of copyright infringement. And now, it seems that the order has unwittingly resulted in the blocking of Pinterest, an online bookmarking portal. As reported by ET, users of the ACT Fibernet ISP are unable to access the site, which has […]

In a significant departure from the ruling passed by the Mumbai Bench of the NCLT, the Chandigarh Bench while admitting an insolvency petition has observed that the definition of a ‘dispute’ under Section 5(6) of the Insolvency and Bankruptcy Code, 2016 (IBC) shall also include, disputes relating to the quality of goods or services even if no suit or arbitration proceedings have been filed in this regard. In the instant case, an application u/s 9(1) of the Code was filed by Surbhi Body Products Limited (Creditor) against Meyer Apparel Limited (Debtor) for an unpaid sum of ₹11,68,834 (plus interest), for purchase orders […]

In a major development today, the Supreme Court has allowed the CBI to try eight BJP leaders including LK Advani, Murli Manohar Joshi and Uma Bharti for criminal conspiracy in the Babri Masjid Demolition case. A Bench of Justices Pinaki Chandra Ghose and Rohinton Nariman pronounced a unanimous verdict after roughly two weeks of reserving it. The Court today directed that the trial of the leaders progressing in Rae Bareilly be transferred to Lucknow and charges of criminal criminal conspiracy be added. The Court also directed that the trial should proceed on a day to day basis and be completed […]

While some Supreme Court judgments have left us contemplating taking English classes once again, this time it is the Supreme Court which has been stumped by language blues. A Bench of Justices Madan B Lokur and Deepak Gupta has set aside a judgment of the Himachal Pradesh High Court because of the convoluted English used in the judgment, reports HT. The case in question is a dispute between landlord and tenant for non-payment of rent. The landlord had filed a petition for eviction of the tenant. The same was decreed in 2011 in favour of the landlord but the High […]

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 State (TR) Central Bureau of Investigation v. Kalyan Singh [for judgment] Assam Sanmilita Mahasangha & Ors. v. Union of India & Ors. Delhi High Court Virbhadra Singh vs. Enforcement Directorate Rahul Sharma vs. UOI and Anr SUMMARY OF CASES  Supreme Court of India 1. State (TR) Central Bureau of Investigation v. Kalyan Singh [for judgment] [Item 1B in court 6 – SLP(CRL) 2275/2011] Bench: PC Ghose, Deepak Gupta JJ. Judgment in the case relating to […]

AAP Candidate Mohammad Tahir Hussain has filed a writ petition in the Delhi High Court seeking direction to the State Election Commission to use second generation EVMs with VVPAT (Voter-verifiable paper audit trail) in the forthcoming MCD polls. The petition has been filed four days before the MCD elections, which are to be held on April 23, 2017. Appearing on behalf of Hussain, Senior Advocate Indira Jaising submitted: The Supreme court in Subramanian Swamy vs. Election Commission of India termed the second generation EVMs as the ‘safest.’ Paper trail is an indispensible requirement of elections to restore faith of the […]

The Supreme Court, in a follow up to the hotly debated National Anthem order, has clarified its stand. But only for a special class of people. A Bench of Justices Dipak Misra, AM Khanwilkar and M Shantanagoudar have exempted disabled people from complying with its order of November 30. The order had directed that National Anthem be played in all cinema halls across the country before the movie started, and audience was required to stand up while the National Anthem was being played. Senior Advocate Raju Ramachandran, who appeared for the National Platform for the Rights of the Disabled (NPRD), […]

Today, a Public Interest Litigation was filed in the Delhi High Court seeking a direction to the Centre to approach the International Court of Justice (ICJ) for the release of Kulbhushan Jadhav. Jadhav, an Indian national, was recently in the news when he was sentenced to death over allegations of espionage by a military court in Pakistan. The petitioner, Rahul Sharma, prayed to the court to specifically issue directions to the Ministry of External Affairs (MEA) and the Ministry of Home Affairs (MHA) to approach the ICJ for providing consular access to Jadhav. He also prayed that the Government issue […]

President of the Gujarat High Court Advocates’ Association, Asim Pandya has published a document in protest of the Law Commission of India’s proposed changes to the Advocates Act. The Memorandum of Protest calls upon all district and taluk bar associations of the state to sign it and send it to the concerned district collector. The document, which declares the Amendment Bill to be “utterly regressive and its right place is not parliament but a dustbin”, also calls for the members of the Law Commission to be replaced. It says that the 266th Report of the Law Commission was drafted in […]

The Supreme Court will hear the petition on WhatsApp and it’s privacy policy on April 27. The petition, filed by Karmanya Singh Sareen against a Delhi High Court judgment, prays for a writ of mandamus for the protection of privacy of data exchanged via WhatsApp and other instant messaging applications. Today, the matter was heard by a five-judge bench of Justices Dipak Misra, AK Sikri, Amitava Roy, AM Khanwilkar, and M Shantanagoudar. Senior Advocate Harish Salve, who appeared for the petitioner, assailed the privacy policy of the applications in question, detailing the ways in which sensitive information was leaked to third […]

Rajya Sabha MP Amar Singh has petitioned the Supreme Court once again to decide an important Constitutional question. The question is whether para 2 of the 10th Schedule to the Constitution, would apply to an elected member of a House, who has been expelled by his/her political party. A Bench of Justices Dipak Misra and AM Khanwilkar yesterday referred the case to a Constitution Bench while also issuing notice to the Central government on the interim prayer. Senior Advocate CU Singh appeared for Amar Singh. Paragraph 2 of the Tenth Schedule of the Constitution provides for disqualification of a law […]