Justice Jayant Patel of Karnataka High Court resigned yesterday protesting over his non-elevation as Chief Justice of High Court. It is widely believed that Justice Patel was handed out a raw deal because he had failed to toe the line of the executive while he was a judge of the Gujarat High Court. Senior Advocate Yatin Oza has time and again pointed out the unfair treatment meted out to Justice Jayant Patel. In an interview to Bar & Bench, Oza had said, “Likewise, Justice Jayant Patel was transferred to Karnataka as ‘number four’ judge? What was his fault – that […]

In what seems to be the straw that broke the camel’s back, Karnataka High Court judge Justice Jayant Patel has resigned as of this afternoon, protesting his non-elevation as Chief Justice or Acting Chief Justice of the High Court, sources reveal. Justice Patel, who is the senior-most puisne judge of the Karnataka High Court, sent his resignation letter to Chief Justice SK Mukherjee, who is set to retire on October 9, unless he is elevated to the Supreme Court. It is understood that Justice Patel has resigned in protest over his transfer to the Allahabad High Court, where he would be third […]

The Delhi High Court today set aside the order of a trial court convicting Director Mahmood Farooqui of rape. Farooqui was sentenced to seven years in prison by a Special Fast Track Court in Saket after he was found guilty of forcing oral sex upon a foreign national in 2015. The brief facts of the case are that Farooqui had invited the prosecutrix – who was in India to pursue her PhD work in the field of Hindi literature and Nath Sampraday – to his house for dinner. When she arrived, the prosecutrix found that the appellant was visibly upset […]

The Madurai Bench of the Madras High Court has directed that Law Officers be appointed within a period of six weeks from the order passed on September 12. The order was passed by a Division Bench of Justices KK Sasidharan and GS Swaminathan in response to a PIL filed by R Rajaselvan. The Tamil Nadu government had passed orders terminating the services of government pleaders and public prosecutors in seven districts. Alleging that the move was politically motivated and implemented without following prescribed procedures, aggrieved advocates filed writ petitions in both Benches of the Madras High Court. On July 5, […]

The Bombay High Court has observed that the trend of seeking recusal of judges is increasing and it has to deprecated and discouraged and nipped in the bud. The observations were made in an order passed on September 6 by a Bench of Justices PD Naik and SC Dharmadhikari in an Income Tax Appeal, in response to the objection raised by the respondent to Justice Dharmadhikari hearing the matter. The Court began its order by recording the objection of the respondent, who appeared in-person. “…the respondent – party-in-person raised a specific objection.  That objection is as follows. 2 He submits […]

The Madhya Pradesh government has terminated the services of two additional district judges (trainees) for violating the two-child rule that makes employees ineligible for service if their third child was born after January 26, 2001. According to Indian Express, the two judges who have been terminated are Additional District judges Manoj Kumar and Ashraf Ali, who were posted in Gwalior and Jabalpur respectively. The decision to terminate the services of the two judges was taken after the recommendation to that effect by the administrative committee of Madhya Pradesh High Court under Rule 9C of the Madhya Pradesh Higher Judicial Service (Recruitment and […]

A petition has been filed in the Supreme Court challenging the arbitrary manner in which the passport of a British citizen has been seized by the customs authority. In a petition drawn by Advocates Renjith B Marar and Vasudha Gupta and filed by advocate Lakshmi N Kaimal, the petitioner, one Dipak Bajaj has also raised an interesting legal issue –  that of absence of any law in India regarding treatment of a foreign passport. The cause of action, in the instant case arose when the petitioner was stopped at Sonauli by the Sashtra Seema Bal while returning from Nepal. During […]

The Delhi High Court on Thursday reserved its judgment on AAP leader Raghav Chadha’s plea challenging his impleadment in the Arun Jaitley defamation case on the ground that a retweet cannot form the basis for criminal prosecution. After arguing for 3 hours each on two consecutive days, Senior Advocates Siddharth Luthra (for Jaitley) and Anand Grover (for Chadha) concluded on the third day before the Single Judge Bench of Justice Sangita Dhingra Sehgal. On day 2 of the hearing, Luthra had stated that there are four elements to this scenario, namely, public statements (made by the accused including Chadha), press […]

The Delhi High Court yesterday issued several directions to authorities of Delhi, Punjab, Haryana, Rajasthan and Uttar Pradesh aiming to prevent air pollution arising out of crop burning. The Court had taken suo moto cognizance of Delhi’s air pollution problem in 2015 and has been examining the causes for excessive pollution in the city, while passing necessary orders from time to time. The Division Bench of Justices S Ravindra Bhat and Sunil Gaur observed, “The serious deterioration of air quality in the Capital and the National Capital Region (NCR) is a matter of grave public concern and the steps taken […]

A petition has been filed with the Madras High Court calling for the revamp of the existing system of faculty appointments at Institutes of National Importance such as National Institutes of Technology (NITs), Indian Institutes of Technology (IITs) and Indian Institutes of Science and Educational Research (IISERs). Party in person, Advocate VBR Menon appeared yesterday before the First Bench of Chief Justice Indira Banerjee and Justice M Sundar. In his petition, Menon has contended that current qualification criteria and the procedure followed in making faculty appointments is neither transparent nor objective. Candidates are not aware of the criteria based on […]

The Delhi High Court yesterday issued notice to the Ministries of Information Technology and Telecom, as well as Foodpanda, Dunkin Donuts and Airtel, in a plea seeking directions against these companies for infringing the Right to Privacy under Article 21 by sending unsolicited commercial messages. The petitioner, Arvind Singh, stated that he had been receiving these messages even though he had subscribed to the ‘Do Not Disturb’ (DND) facility of the service provider. It is further stated that despite registering complaints and numerous requests, these messages are being sent at regular intervals. It is alleged in the petition, “Respondent No. […]

The Supreme Court has held that the National Green Tribunal (NGT) does not have the jurisdiction to interfere with the appointments of to State Pollution Control Boards (SPCB) or lay down specific rules and guidelines for recruitment of the Chairperson and members of SPCBs. The judgment, which was passed by Justices Madan B Lokur and Deepak Gupta, however, took note of the failure of various State governments to appoint professional and experienced persons to key positions in the SPCBs and directed the States to frame appropriate recruitment rules within six months to govern such appointments to SPCBs. The judgment was […]

The Madras High Court today indicated what would amount to punishable abuse on social media and other online platforms. Certain observations to this effect were made by Justice N Kirubakaran, who is currently hearing a batch of petitions pertaining to strikes called by government teachers in the state. Last week, attention was drawn to various defamatory and abusive messages broadcast across various social media platforms, reacting to comments made by the judge in the course of hearing the instant case. The advocates raising the issue had contended, “If it is not checked and nipped in bud, then any person who […]

The Supreme Court of India recently passed a judgment laying down its interpretation of the terms dispute and existence of dispute under the Insolvency and Bankruptcy Code (IBC), 2016. The Bench of Justices Rohinton Nariman and Sanjay Kishan Kaul held that a dispute is said to exist as long is it not a spurious or hypothetical one. As long as that is the case, Section 9 (5)(ii)(d) of the IBC would be triggered. The facts of the case are that the appellant company was engaged for conducting tele-voting for the dance programme Nach Baliye. The appellant had sub-contracted the same […]

Senior Advocate Indira Jaising today made some pertinent submissions in the Supreme Court relating to compensation of rape victims. The submissions were made in a plea filed by Jaising seeking details of compensation and other measures undertaken by States under Section 357A of the Code of Criminal Procedure. Jaising, who is also the Amicus Curiae in the case, told the Court today that actual disbursement of compensation money was not happening. Further, she also submitted that due to the non-uniformity in the schemes framed by different States, there is big difference in the money awarded to rape victims in different […]

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 […]

The Orissa High Court Bar Association today filed a writ petition in the High Court seeking a judicial inquiry into the recent raid conducted by the CBI at a sitting judge’s residence. In the early hours of yesterday morning, CBI officials attempted to forcefully enter the residence of Justice CR Dash to conduct a raid. It later came to light that the CBI officials intended to raid the residence of former Orissa High . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year of unrestrcited access to previous […]

In an order grounded on conservative values, the Punjab and Haryana High Court recently released three rape accused on bail, after devoting fair effort into patronising and shaming the victim. The order passed by Justices Mahesh Grover (pictured left) and Raj Shekhar Attri (pictured right) is intended to “balance the concerns of the victim, demands of society and law and the element of reformatory and rehabilitative justice.” The three accused were former students in Jindal Global Law School, while the prosecutrix was part of the Management School at OP Jindal University. It is the case of the prosecutrix that all three accused had forced […]

The Calcutta High Court today passed an interim order allowing immersion of Durga idols on the day of Muharram. The High Court also directed the police to designate routes for immersion and Tazia processions. The order to that effect was passed by a Bench of Acting Chief Justice Rakesh Tiwari and Justices Harish Tandon in a petition filed by Youth Bar Association of India. The petitioner association was represented by advocates Kuldeep Rai, Raj Dip . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year of unrestrcited access […]

The Delhi High Court today gave the Delhi Police eight weeks to file the final report in its investigation into the mysterious death of socialite Sunanda Pushkar. The Court stated that it will not allow any more delay in the investigation, which had been reinvigorated by BJP MP Subramanian Swamy’s PIL seeking a court-monitored SIT probe. The Police stated that it will use narco analysis techniques to question the people involved the case . . . 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 […]

The National Company Law Appellate Tribunal (NCLAT) has granted to Cyrus Mistry what the Mumbai Bench of NCLT did not, a waiver to move on to merits. After a long hault, the proceedings initiated by Cyrus Mistry through his investment entities (Cyrus Investments Pvt. Ltd. and Sterling Investment Corporation Pvt. Ltd.) against Ratan Tata, Tata Sons and others have revived. Mistry

The Jaipur Bench of the High Court of Rajasthan yesterday passed interim directions to address the concerns raised by GST taxpayers in the State owing to technical glitches in the Goods and Services Tax Network (GSTN) website. The order was passed by a division bench comprising of Justices KS Jhaveri and Vijay Kumar Vyas. The order was passed in response to a petition preferred by the Rajasthan Tax Consultants Association drawing attention 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 […]

In a development that could well send skeletons from the higher judiciary’s closet tumbling out, the Central Bureau of Investigation (CBI) has registered a case under the Prevention of Corruption Act against former judge of the Allahabad and Orissa High Courts, Justice IM Quddusi. The CBI is probing Quddusi J’s alleged role in a racket involving the opening of medical colleges in Uttar Pradesh. An annexure attached to the FIR lodged by the CBI reveals that two . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year of […]

The Madras High Court today passed an order extending the interim stay passed last week on the conduct of a Floor Test in the Tamil Nadu Legislative Assembly. It also directed that elections to fill seats belonging to recently disqualified AIADMK MLAs not be held until further orders are passed. 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 articles One year access to all archival material Access to all Bar & Bench reports Register Already a subscriber […]

A public interest litigation has been filed in the Supreme Court challenging the vires of Section 354(5) of the Code of Criminal Procedure, which provides for the method of execution of death sentence in India – hanging by neck till the convict is dead. The petition, which has been filed by advocate Rishi Malhotra, has relied extensively on the Supreme Court judgment in Gian Kaur v. State of Punjab to contend that hanging by neck is in violation of Article 21 of the . . . Facebook Comment To read the entire article, get a premium account With a premium […]

Members of the Orissa High Court Bar Association today resolved to cease work in protest against the raids recently conducted by a team identifying themselves as officers of the Central Bureau of Investigation (CBI), on sitting judge of the High Court, Justice CR Dash. According to sources, CBI officials arrived the residence of Justice Dash at 1 am today, and tried to forcefully enter the premises. When security guards asked the CBI officials for documentation, they were manhandled, and the CBI team tried to break . . . Facebook Comment To read the entire article, get a premium account With […]

Chief Justice of India Dipak Misra today made a significant decision by barring Senior Advocates from mentioning matters for early listing. Misra J stated in open court that only Advocates-on-Record will be allowed to mention matters henceforth. This, after a lawyer yesterday objected to the haphazard manner in which mentioning was happening in the CJI’s court, with Senior Advocates mentioning more than one matter. There is an interesting history behind regulating the practice of mentioning in Supreme Court. While certain CJIs had strictly enforced a bar on Senior Advocates mentioning matters, some of them were lax in implementing the same. A Senior […]

Yesterday, the hearing in the petition filed by Raghav Chadha challenging his impleadment in the Arun Jaitley defamation case kicked off at the Delhi High Court. The key issue in the petition is whether a retweet can form the basis of a criminal prosecution. The Single Judge Bench of Justice Sangita Dhingra Sehgal heard the arguments of Senior Advocates Anand Grover (appearing for Chadha) and . . . 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 […]

The Punjab & Haryana High Court today issued notice to the Haryana government in the petition filed by the owners of Ryan International School seeking anticipatory bail in the case involving the murder of a seven-year-old boy. Justice Inderjit Singh refused to stay the arrest of owners Ryan Augustine Pinto, Augustine Francis Pinto, and Grace Pinto, and issued notice to the Haryana government, seeking its response. This, after Justice AB Chaudhari recused from hearing the case yesterday.

After yesterday’s ‘mentioning debacle’, Chief Justice of India Dipak Misra today stated in open court that only Advocates-on-Record will be allowed to mention matters. When the mentioning began today, Justice Misra stopped a Senior Advocate from mentioning, stating, “Only AoRs will be allowed to mention.” Yesterday, advocate PV Dinesh had raised objection to Senior Counsel mentioning out of turn while juniors 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 One year access to all archival […]