The Delhi High Court has recently directed that once the advance copy of applications are served on the counsel of the litigants, orders would be passed without any further notice being issued. The Single Judge Bench of Justice Pratibha M Singh passed the said direction in the matter between Swarupi Devi and Ors. and Suresh Nagar while observing that, “It is noticed that in almost all fresh applications despite service of advance notice the counsel do not appear and this results in adjournment being granted and notice being issued once again.” Therefore, the Registry has already circulated a note in this […]

Senior Advocate Dushyant Dave has recently penned an article on death of Judge Loya. In the article, Dave has alleged conflict of interest on the part of Senior Advocate Pallav Shishodia. Shishodia had appeared for one of the petitioners, Bandhuraj Lone, in the PIL filed in Supreme Court seeking probe into the death of Judge Loya. In the piece, Dave has argued that Shishodia had appeared for Amit Shah in 2011 in the appeal filed by the CBI challenging the grant of bail to Amit Shah in the Sohrabuddin encounter case. Shishodia has now responded to Dave’s allegation. Below is his […]

Supreme Court has reiterated that caste of a person is determined by birth and it cannot be changed by marriage. A Bench of Justices Arun Mishra and M Shantanagoudar made these observations in a recent judgment in a case relating to the caste of a woman who had been born in a General Caste category. The appellant, Sunita Singh, who was born in a General caste community married Dr. Veer Singh belonging to a Scheduled Caste community. After the marriage, a caste certificate was issued to her by the District Magistrate/ Collector certifying her as belonging to Scheduled Caste community […]

The Madurai Bench of the Madras High Court has dismissed the state’s appeal against its order directing that all sand mining and quarrying activities in the state be wound up within six months. The order was affirmed by a Division Bench of Justices K Kalyanasundaram and T Krishnavalli. In November last year, Justice R Mahadevan had issued the impugned direction, while considering a plea against state restriction on transport of silica sand, that had been imported by the petitioner from Malaysia. The state adopted the stance that it was well within its powers to do so under state laws, namely the […]

The Bombay Lawyers Association (BLA) has filed a Public Interest Litigation (PIL) in the Bombay High Court praying that the Central Bureau of Investigation (CBI) be directed to challenge Amit Shah’s discharge by a Special CBI court in the Sohrabuddin encounter case. The petitioners, represented by advocate Ahmed Abdi, have contended that the CBI chose to challenge the discharge of three accused police officers in the case in 2014, but failed to challenge the discharge of Bharatiya Janata Party (BJP) President Amit Shah. This, they have contended, is “arbitrary” and “reeks of malafide”. “The trial court has similarly discharged two Rajasthan […]

In what could turn out to be a significant litigation in the coming months, certain persons belonging to Schedule Caste/Schedule Tribe (SC/ST) communities have moved the Supreme Court seeking exclusion of the creamy layer from availing benefits accorded to SC/STs. The petition came up for hearing today a Bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud, which directed that a copy of the petition be served on the Central Agency within a week. Advocate Gopal Sankaranarayanan appeared for the petitioner. In the petition drawn by advocate Shobit Tiwari and filed through advocate RC Kohli, the […]

The MLAs of the Aam Aadmi Party (AAP) who were recently disqualified by the Election of Commission of India, have challenged the Election Commission decision in the Delhi High Court. The hearing before the Bench of Justice Rekha Palli is currently underway. Here are live updates from the court: Justice Rekha Palli is hearing the matter between @AamAadmiParty and the Election Commission of India at the Delhi High Court. 20 AAP MLAs fate to be decided by the Delhi HC — Bar & Bench (@barandbench) January 19, 2018 Delhi HC takes a 10 minutes break for the counsel of the […]

The Securities Appellate Tribunal (SAT) today refused to grant an interim stay in an appeal filed by Price Waterhouse & Co. (PwC) against an order passed by the Securities and Exchange Board of India (SEBI) on January 10, 2018 (Order). The Order, among others, has prohibited PwC and its network entities in India from issuing audit certificates to any listed company in India for a period of two years. The regulator has also asked PwC to pay Rs 13.09 crore, along with interest at 12% per annum from January 2009 (approximately Rs 14 crore) for wrongful gains. An interim relief was […]

Justice Kurian Joseph today recused from hearing the appeal filed by former Transport Minister of Kerala, Thomas Chandy, in a case relating to illegal encroachments. The matter was listed today as item 61 before Justices Kurian Joseph and Amitava Roy when Justice Joseph chose to recuse from the case. Justice Joseph is the third judge to recuse from the case. Earlier, Justices AM Khanwilkar and AM Sapre had also recused from the matter. Chandy’s appeal is against a November 14 decision of the Kerala High Court by which it had dismissed Chandy’s petition in an encroachment case. The High Court while dismissing the […]

The Supreme Court today refused to interfere with the judgment of the Delhi High Court acquitting Director Mahmood Farooqui of rape charges. When the matter came up for hearing before a Bench of Justices SA Bobde and L Nageswara Rao, it was observed that the judgment delivered by Justice Ashutosh Kumar was “very well reasoned and cannot be interfered with”. Advocate Vrinda Grover, appearing for the appellant, questioned the High Court judgment on the ground that there was absence of consent on the victim’s part. The Bench observed that the two individuals had met before and were in a relationship. […]

The Delhi High Court has made some strong observations regarding false claims of caste discrimination while setting aside the orders of the National Commission for Scheduled Tribes in a matter regarding dealership of a petrol pump. The petitioner, Indian Oil Corporation, had cancelled the dealership of an allottee – who happened to belong to a Scheduled Tribe – alleging malpractice, which were found during the inspection conducted by the officers of Indian Oil and the Anti-Adulteration Cell. The Commission for Scheduled Tribes . . . Facebook Comment To read the entire article, get a premium account With a premium account you […]

The Delhi High Court has notified the Delhi High Court (Original Side) Rules, 2018. The Rules will replace 1967 Rules on the subject and will come into force on March 1, 2018. The Rules have been framed pursuant to a suo motu case initiated by the Supreme Court. The Supreme had initiated the case to work out a mechanism to dispose of long pending civil suits in different High Courts. It had first sought the response of Delhi High Court for the same. Initially, the Delhi High Court had contemplated amendments to the existing Delhi High Court Original Side Rules […]

Senior Advocate Indira Jaising has filed a PIL in the Supreme Court seeking live streaming of Court proceedings in cases that are of constitutional and national importance having an impact on the public at large or a large number of people. In her petition, Jaising has pointed out that the Court is hearing, or will be hearing in the near future, a number of such cases which affect the interests of the public at large. These cases include the ongoing Aadhaar case, women’s right of entry into Sabiramala Temple, decriminalisation of homosexuality, reconsideration of adultery laws, cattle slaughter laws, rights […]

The launch of the George H Gadbois book, The Supreme Court of India: The Beginnings, edited by Vikram Raghavan and Vasujith Ram, offered an occasion for the Madras High Court to remember the contributions of the celebrated American Scholar in chronicling Indian Legal History. Gadbois has already received wide acclaim for his seminal work in the book Judges of the Supreme Court of India: 1950-1989

The Supreme Court today stayed the notifications and orders issued by various states banning the exhibition of the movie Padmaavat. A Bench of Chief Justice of India Dipak Misra and Justices AM Khanwilkar and DY Chandrachud, which heard the matter, also restrained other states from issuing similar notifications/orders. Senior Advocates Harish Salve and Mukul Rohatgi appeared for the petitioners. Salve, appearing for petitioner Viacom . . . 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 […]

Campaign for Judicial Accountability and Reforms had recently written a letter to the five senior-most judges of the Supreme Court calling for an in-house inquiry to be initiated against the Chief Justice of India, Dipak Misra. A press conference was held yesterday calling attention to the concerns raised in the letter. Today, Senior Advocate and President of the Supreme Court Bar Association, Vikas Singh has written . . . 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 […]

Price Waterhouse & Co. (PwC) has filed an appeal with the Securities Appellate Tribunal (SAT) against an order passed by the Securities and Exchange Board of India (SEBI) last week.  The SEBI in its order, among others, has prohibited PwC and its network entities in India from issuing audit certificates to any listed company in India for a period of two years.

Interglobe Aviation Limited (owner of IndiGo Airlines) on Tuesday appealed against the Single Judge Order of the High Court dismissing its petition challenging Delhi International Airport Limited’s (DIAL) directions to shift part of its operations from Terminal 1 to Terminal 2 of the Delhi Airport. The Single Judge Bench of Justice AK Chawla had dismissed IndiGo’s petition in December last year, holding that none of the issues raised by . . . 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 […]

The hearing in the Supreme Court on the challenge to the Aadhaar scheme has begun today. Senior Advocate Shyam Divan, appearing for the petitioners, has commenced his arguments before the Constitution Bench of Chief Justice Dipak Misra and Justices AK Sikri, AM Khanwilkar, DY Chandrachud and Ashok Bhushan. Attorney General for India KK Venugopal requested that time be allocated to each counsel, considering the multiplicity of petitions and that the Ram Janmabhoomi case is listed . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year of unrestrcited access to […]

The ban on the film Padmaavat, earlier titled Padmavati, in four states has been challenged in the Supreme Court. The petition filed by Viacom was mentioned today by Advocate Mahesh Agarwal before the Chief Justice of India Dipak Misra, who agreed to list the matter tomorrow. Back in November last year, the Court had dismissed a petition calling for a ban on the film.

Has the Bench presided by Justice Arun Mishra recused from hearing the PIL concerning the death of judge BS Loya? The order passed today in the matter states, “Let the documents be placed on record within seven days and if it is considered appropriate copies be furnished to the petitioners. Put up before the appropriate Bench.” The order 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 […]

The Delhi High Court yesterday dismissed the appeal filed by Reliance Communications Limited against an order of the arbitral tribunal which had directed it to furnish a bank guarantee of Rs. 10 crore. Reliance Communications and Bharti Infratel Limited had entered into a Master Service Agreement in 2010. However, the former exited from the sites of Bharti Infratel in 2015 citing expiration of its 2G licenses, thereby breaking the agreement. Bharti Infratel demanded an exit amount close to 40 crores, which . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: […]

A proposed move by the Andhra Pradesh government to expedite the setting up of a High Court at a temporary location in or around the state’s de facto capital Amravati by June this year, has not gone down too well with stakeholders. The Andhra Pradesh government had written to Acting Chief Justice of the High Court of Judicature at Hyderabad Ramesh Ranganathan, asking him to constitute a committee to assess the suitability of a few buildings near Amravati to temporarily house what . . . Facebook Comment To read the entire article, get a premium account With a premium account […]

After a rather tumultuous couple of days in and around the Supreme Court, it seems that Chief Justice of India Dipak Misra and the other four senior most judges have begun talks to address the schism in the Supreme Court. According to various news reports, CJI Dipak Misra met with Justices J Chelameswar, Ranjan Gogoi, Madan Lokur and Kurian Joseph today, with a view to discussing the grievances highlighted by the four judges.

Advocate General for Tamil Nadu, Vijay Narayan has addressed a letter to Chairman of the Bar Council of India (BCI) Manan Kumar Misra, requesting that he be dissociated from the conduct of the Tamil Nadu State Bar Council Elections on apprehensions that it may be tainted by certain questionable practices. The questionable practice here refers to apparent efforts made 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 interviews, columns and articles One year access to all archival material Access to all […]

The petition seeking a probe into the death of Special CBI judge BH Loya, a plea mired in controversy, was adjourned today. Senior Advocate Harish Salve, appearing for the state of Maharashtra, today submitted a set of what was described as “sensitive” and “confidential” documents before the Supreme Court Bench of Justices Arun Mishra and Mohan M Shantanagoudar. He . . . 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 hearing in Supreme Court in a Public Interest Litigation concerning Khap Panchayats witnessed some interestimg remarks by Chief Justice of India Dipak Misra. The petition filed by NGO Shakti Vahini came up for hearing today before a Bench of Chief Justice Misra and Justices AM Khanwilkar and DY Chandrachud. Senior Advocate Raju Ramachandran

The Supreme Court last week issued notice in an appeal filed against a judgment of the Karnataka High Court, which had quashed a case against former state Energy Minister DK Shivakumar in a land grabbing case. A Bench of Justices AK Sikri and Ashok Bhushan issued notice to DK Shivakumar, BS Yeddyurappa and the State of Karnataka, among others. Advocate Prashant Bhushan, along with advocate . . . 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 […]

The Securities Appellate Tribunal (SAT) has, while upholding two orders,  reversed a third order passed by the Insurance Regulatory and Development Authority of India (IRDAI) in the case of Sahara India Life Insurance Corporation Limited (Sahara). Sahara, the appellant before SAT, has been under the IRDA’s scanner ever since the then CEO, Subrata Roy, was detained by the Supreme Court in 2014 for failing to comply with Court’s orders. Prelude IRDAI . . . 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 […]

It was only last week that four senior most judges of the Supreme Court held a press conference wherein they expressed their concerns at the functioning of the Chief Justice of India, particularly regarding allocation of cases to judges. Interestingly, a notice was issued the very next day announcing that a Constitution Bench will hear eight cases starting January 17. It is the composition of this Bench which makes things interesting.