“Foolish consistency is the hobgoblin of little minds”, Justice Gautam Patel  of the Bombay High Court wrote in his order, while showing no hesitation in owning up to an error he made in a particular case. Declaring a previous order passed by him on January 27, 2017 as per incuriam, Justice Patel in his order stated, “I was wrong”. The issue addressed in the order of January 27 was whether the High Court on its Original Side can direct return of a plaint. Patel J. had held that a plaint could never have been returned and that a previous order of […]

The Delhi High Court yesterday reserved its order on the bail plea by Karti Chidambaram in the INX media money laundering case lodged by CBI. Appearing for Karti Chidambaram were Senior Advocates Kapil Sibal and Abhishek Manu Singhvi along with Senior Counsel Gopal Subramaniam, who has been representing him before the Madras High Court. Karti’s father and Senior Advocate P Chidambaram was also present to witness the proceedings. Sibal argued that the conduct of the investigating agencies was completely mala fide. He said that the allegation against Karti is that he influenced FIPB officials to favour INX media. However, the CBI […]

HSA Advocates has promoted Partners Harvinder Singh and Nand Kishore as Equity Partners at the firm. This takes the total number of Equity Partners at the firm to 10. Singh holds an LL.B. degree from Delhi University. He has previously worked at Fox Mandal Little, before moving to Hemant Sahai Associates (now HSA Advocates) in September 2009. Made a Partner at the firm in 2013, Singh works at the Delhi office of HSA. Kishore, who works out of the Mumbai office, is also a graduate of Delhi University. Having started his career with Luthra & Luthra, he went on to […]

A Supreme Court Bench headed by the Chief Justice Dipak Misra and comprising Justices AM Khanwilkar and DY Chandrachud today took strong exception to the arguments advanced by advocate JP Dhanda in the case relating to PNB scam. Dhanda was arguing a petition filed by his son Vineet Dhanda seeking the Court’s indulgence for issuing directions to the investigating agencies to register a case against the “top management” of PNB in the scam. His plea inter-alia also prays that directions be given to the agencies to expedite the deportation of Nirav Modi and others involved in the scam. When the matter came up for […]

The hearing in the petitions seeking a probe into the death of Judge Loya concluded today in the Supreme Court. Senior Advocate Mukul Rohatgi, appearing for State of Maharashtra, completed his last leg of submissions. Rohatgi began his submissions by explaining the nature of ‘discreet enquiry’ conducted by the Commissioner, Intelligence. “The enquiry was conducted by an officer of the rank of Director General of Police. Discreet enquiry is made without the knowledge of other persons. It draws parallel with anti-corruption enquiry, enquiries by IB.” Rohatgi then attacked Prashant Bhushan‘s submissions regarding the cause of death of Judge Loya. “Mr. […]

The Madras High Court has expressed its reservations against the knee-jerk tendency of the police to implicate parents or relatives of the boy in cases involving the elopement of underage couples. In an order passed on Thursday, the Bench of Justices CT Selvam and N Sathish Kumar cautioned that such inclinations may sometimes amount to a social wrong. The Bench was hearing a Habeas Corpus Petition filed by the parents of a 17-year-old girl who had eloped with a 19-year-old boy. Following registration of a complaint by the petitioners, the police had proceeded to arrest the boy’s mother. The mother […]

The Central government will explore alternate ways for its Sethusamudram Shipping Canal project, without touching the Ram Sethu. An affidavit to that effect has been filed in the Supreme Court by the Central government in a batch petitions filed by various persons, including Subramanian Swamy. Swamy mentioned the matter today, when Additional Solicitor General Pinky Anand told the Court that it would not be touching the Ram Sethu, and that an affidavit has been filed to that effect. The Centre, in its affidavit has stated that considering the socio-economic disadvantages of ‘Alignment 6’ of the project, the government does not want […]

The Supreme Court today held that the business of money lending or pawnbroking is usurious business and the Government may rightly impose onerous conditions to restrict or even discourage people from entering into such business. In the process, it upheld the (amended) provisions of the Karnataka Money Lenders Act (ML Act) and the Karnataka Pawn Brokers Act (PB Act) while declaring that the same shall not apply retrospectively. The judgment was delivered by a Bench of Justices Madan B Lokur and Deepak Gupta. The Karnataka ML Act was enacted in the year 1961 with a view to regulate and control […]

The Kerala High Court’s intervention has been sought in a writ petition filed against alleged corruption and financial misappropriation by members of the Bar Council of Kerala (BCK) since 2011. Recently, the Bench of Chief Justice Antony Dominic and Justice Dama Seshadri Naidu issued notice to the respondents. In his petition, Advocate B Sukesan has detailed serious allegations of misutilisation of BCK welfare funds, improprieties in the conduct of Bar Council elections, and criminal charges against its members. In leveling these complaints, the primary focus is upon the twenty-four members currently representing the Kerala Bar Council, in addition to Advocate […]

In a judgment which could have a major impact on arbitration cases pending in courts, the Supreme Court today held that Section 36 of Arbitration Act as amended by the Amendment Act of 2015 will apply to Section 34 applications filed before the commencement of the Amendment Act. The judgment was rendered by a Bench of Justices Rohinton Fali Nariman and Navin Sinha. The Court while making the said ruling gave a detailed interpretation of the Section 26 of the Arbitration and Conciliation (Amendment) Act, 2015 (Amendment Act). Senior Advocates including KV Viswanathan, CA Sundaram, Abhishek Manu Singhvi, P Chidambaram, […]

Hours after the Delhi High Court extended Karti Chidambaram’s protection from arrest for another two days, the Supreme Court has transferred to itself all the petitions pending before the High Court involving the legality of the Enforcement Directorate’s power to arrest under Section 19 of the Prevention of Money Laundering Act, 2002. (PMLA Act). A Bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud passed the order while hearing a petition challenging the March 9 Delhi High Court order, which granted interim relief to Karti Chidambaram. The Court, while transferring the petitions to itself, also directed that […]

Justice MM Sundresh will sit in judgment over the challenge to the 2017 Tariff Order and Interconnection Regulations introduced by the Telecom Regulatory Authority of India (TRAI) pending in the Madras High Court. This development comes after the First Bench of Chief Justice Indira Banerjee and Justice M Sundar was unable to arrive at a consensus in the matter earlier this month. The impugned regulations lay down certain restrictions on the manner in which TV channels are packaged and priced. The same has been challenged as being beyond TRAI’s jurisdiction by television networks Star India and Vijay TV, as well as the […]

The Supreme Court today made some pertinent observations regarding the responsibility of the electronic media, while hearing a plea filed by The Wire seeking quashing of the defamation proceedings initiated by Jay Shah. The Bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud issued notice, and directed the trial court not to proceed in the matter, as the Supreme Court is seized of it. During the course of the hearing, the Bench made some strong observations calling for greater responsibility on the part of electronic and print media while reporting. Senior Advocate Kapil Sibal appeared for Rohini […]

The tweet by columnist and Chartered Accountant S Gurumurthy on Justice S Muralidhar of the Delhi High Court came up for discussion in the Supreme Court today during the hearing of the appeal filed by The Wire in the Jay Shah defamation case. Chief Justice Dipak Misra, who was hearing the case, made some remarks against reporting by electronic media. “Many times what they write amounts to contempt of court. Anyone can write anything about anyone?”, Misra J. asked This triggered response from Senior Counsel Kapil Sibal, who was appearing for The Wire. “A person who is in Chennai wrote about […]

In its 96th report on Demands for Grants (2018-19) of Ministry of Law and Justice, the Department related Parliamentary Standing Committee on Personnel Public Grievances Law and Justice has sought for appointment of law officers including a Solicitor General of India, and the introduction of quotas for women in Law Universities and the subordinate judiciary. The committee headed by Chairman Bhupender Yadav also comprised Swapan Dasgupta, Subramanian Swamy, Vivek Tankha, Majeed Memon, V Paneersalvam, Meenakshi Lekhi, Anirudhan Sampath and D Raja, among others. The following are the highlights from the report: Representation of Women in Judiciary The Committee noted that the […]

The Delhi State Legal Services Authority (DSLSA) in association with the District Legal Services Authorities (New Delhi, Central and West) organized Mega Legal Services Camp on March 10, 2018 St. Michael’s  School, Pusa Road, Delhi. Acting Chief Justice of Delhi High Court and Executive Chairperson of DSLSA, Justice Gita Mittal, State Law Minister Kailash Gahlot, Minister for Welfare of SC/ST for Delhi Rajendra Pal Gautam, Delhi High Court judge, Justice C Hari Shankar, District & Sessions Judges, Director General (Prisons) and Senior Members of the District Bar Associations were among those who were in attendance. The central theme of Camp was […]

Chief Justice of the Madras High Court Indira Banerjee has issued a notification stating that upon a change of roster, part-heard matters shall be released and placed before the appropriate Bench as per the roster. However, upon request by a litigant, the matter may be retained by the Bench which partly heard the matter, after such request is endorsed by the Chief Justice. Parties may make such a request if the matter has been heard for a considerable length of . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One […]

In a significant development in the Ram Janmabhoomi-Babri Masjid case, the Supreme Court is considering whether the law laid down in paras 75 to 82 of its 1994 judgment in Ismail Faruqui v. Union of India should be revisited by a Constitution Bench. The paragraphs of the Supreme Court judgment in question shed light upon the sovereign power of the state to acquire property. These paras also state that the . . . 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 […]

The Karnataka High Court today dismissed the bail petition filed by Mohammed Haris Nalapad in connection with the assault he is implicated in. Justice Sreenivas Harish Kumar pronounced his verdict in court today, more than a week after the plea was filed in the High Court. Nalapad, who is the son of Congress MLA NA Haris, was charged under Section 307 of the Indian Penal Code (punishment for attempt to murder), among other provisions, after he and his associates . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One […]

In a significant judgment, the Allahabad High Court has passed a slew of directions aimed at comprehensive reform of the healthcare delivery system in Uttar Pradesh. Detailed orders in this regard were passed by a Bench of Justices Sudhir Agarwal and Ajit Kumar, in a batch of writ petitions filed by the Human Rights Law Network (HRLN) and a social worker, Raj Kumar Singh. The Court also made some scathing observations . . . 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 […]

Political trendwatcher Tehseen Poonawalla has filed a petition in the Supreme Court seeking a direction to the Central government to reveal the consolidated transaction cost of 36 Rafale fighter aircrafts procured by it, pursuant to deal made in 2016. The issue arises out of an announcement made almost three years ago by Prime Minister Narendra Modi, revealing that the Indian government had procured 36 Rafale jets from French aviation company Dassault. According to Poonawalla, the same was done without going through the usual practice, the . . . Facebook Comment To read the entire article, get a premium account With […]

Justice Ramalingam Sudhakar has been appointed acting Chief Justice of the Jammu & Kashmir High Court after the retirement of Justice Badar Durrez Ahmed. The Ministry of Law and Justice issued the notification today stating that the President has signed off on the appointment of Justice Sudhakar in exercise of powers conferred under Section 100 of the Constitution of Jammu and Kashmir. Justice Sudhakar, who is the senior most judge of the Jammu and Kashmir High Court, will assume office on March 16. Read the notification. Image courtesy: The Tribune

The Principal Bench of the National Company Law Tribunal (NCLT) today stayed the meeting of Bhushan Power & Steels’ creditors committee (CoC). The (postponed) meeting, which was scheduled for tomorrow, was for the purpose of officially selecting the successful resolution applicant, Tata Steel. Bhushan’s case was admitted by the Principal Bench on July 26, 2017. The dates for submitting resolution plans had been postponed more than once, and the final deadline for submission was February 8, 2018. JSW and Tata . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One […]

In a significant interim order, the Supreme Court today extended the deadline for linking Aadhaar with various schemes, including mobile phone number and new bank accounts. The linkage with Aadhaar need not be done till the Supreme Court delivers its judgment in the matter. This would mean that the March 31 deadline will no longer apply. However, this extension will not apply with respect to schemes covered by Section 7 of Aadhaar (Targeted Delivery of Financial and other . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year of unrestrcited access […]

The Madras High Court Bench of Justices CT Selvam (pictured left) and N Sathish Kumar (pictured right) on Monday issued notice in a petition seeking to recall Kiran Bedi from her current post as Lieutenant Governor of Puducherry. The petition, filed by CPI party volunteer T Murugan, has prayed for the same in light of the flagrant violations of the oath of office taken by Kiran Bedi.

The Central government has appointed nine additional judges from the High Courts of Allahabad and Kerala as permanent judges. From the Allahabad High Court, Justices Ashok Kumar, Vivek Chaudhary, Saumitra Dayal Singh and Akhilesh Chandra Sharma have been made permanent judges. The terms of the first three judges were set to expire in February, while AC Sharma J’s term was due to expire this month. Last month, the Collegium had recommended that nine more additional judges of the High Court be made permanent, however, the Centre is yet to take a decision on the same. The term of one of […]

The Supreme Court today upheld the Madras High Court and Bombay High Court judgments, with some modifications. The judgment was rendered by a Bench of Justices AK Goel and UU Lalit in a batch of appeals filed against judgments of Madras and Bombay High Courts. The Supreme Court held that the foreign law firms with foreign lawyers cannot set up offices in India. However, upholding the Madras High Court judgment, the court allowed foreign lawyers . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year of unrestrcited access […]

The war of words between Congress leader Shashi Tharoor and Republic TV’s star anchor Arnab Goswami will now culminate at the witness stand, with both set to depose before the Delhi High Court in the defamation case filed by the former. Tharoor had filed a suit against Goswami and his channel seeking compensation and damages for making allegedly defamatory remarks during their reportage of Sunanda Pushkar’s death. He had also asked for a prohibitory injunction . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year of unrestrcited access to previous […]

Expressing its dismay over the long-pending investigation in the 2G cases the Supreme Court today directed the Enforcement Directorate and CBI to complete the investigation within a period of six months. “We direct all the concerned agencies, CBI, Enforcement Directorate etc. in the circumstances, as assured by Shri K.K. Venugopal, A.C. and Attorney General for India, that investigation shall be completed within six months.” A Bench comprising of

A jam-packed Court Hall 21 of the Karnataka High Court was witness to arguments made in the Mohammed Haris Nalapad bail hearing matter, a case that has grabbed the attention of the local media, and it would seem, lawyers alike. Appearing for the Congress MLA’s son, Senior Advocate CV Nagesh argued for more than two hours today. He submitted before the single Bench of Justice Sreenivas Harish Kumar, “The whole incident . . . 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 […]