The Bar & Bench Causelist #435 A summary of important cases from the causelist of the Delhi High Court. TABLE OF CASES Delhi High Court  Arun Jaitley Vs. Arvind Kejriwal and Ors. Virbhadra Singh vs. Enforcement Directorate Delhi High Court  1. Arun Jaitley v. Arvind Kejriwal and Ors. [Item 1 in LOK ADALAT. 1 (OS-E) – CS(OS) 236/2017] Before: Sh. Pankaj Gupta, Joint Registrar (Judicial) Matter pertains to the fresh defamation case filed by Finance Minister Arun Jaitley against Delhi Chief Minister Arvind Kejriwal after controversial remarks were made by Kejriwal’s counsel Ram Jethmalani. During the last hearing of the […]

Finance Minister Arun Jaitley has filed another defamation suit against Delhi Chief Minister Arvind Kejriwal. A second 10 crore defamation suit has been filed after Kejriwal’s counsel, Ram Jethmalani, made some unsavoury remarks against him during the cross examination. Touted by many as the second most powerful man in the BJP government at the Centre, Jaitley had earlier filed civil and criminal defamation cases against Kejriwal and other members of the Aam Aadmi Party after allegations of corruption were made regarding Jaitley’s tenure as the DDCA President. After the heated exchange during the last hearing, Senior Advocate Ram Jethmalani had called Jaitley “a crook“ in the […]

The final year post-graduate students of Azim Premji University, Bangalore have come out with a report on RTI compliance by nine High Courts in the country, titled the Legal System Reforms Project (LSRP). The report revealed that the Punjab & Haryana High Court was the most RTI-compliant, while the Allahabad High Court was on the opposite end of the spectrum. The selection of the High Courts itself revealed some unwelcome facts. Though there is no restriction on the method of applying for information under the RTI Act, many High Courts had specific Rules mandating the submission of the application in […]

The Bar & Bench Causelist #434 A summary of important cases from the causelist of the Delhi High Court. TABLE OF CASES Delhi High Court  Arvind Kejriwal Vs. Arun Jaitley and Ors. Savyasachi K. Sahai Vs. Union of India and Ors. Gauri Grover Vs. Govt. of NCT of Delhi Delhi High Court  1. Arvind Kejriwal Vs. Arun Jaitley and Ors. [Item 8 in Court No. 27 – CRL.M.C. 1898/2017] Bench: AK Chawla J. Matter pertaining to the criminal defamation case filed by Finance Minister Arun Jaitley against Delhi Chief Minister Arvind Kejriwal. An application has been moved by Kejriwal seeking […]

The Delhi High Court on Friday, directed the Delhi Government to ensure that adequate shelter is provided to people who were rendered homeless due to the demolition of a Night Shelter in Amir Khursro Park in Delhi’s Nizamuddin Area. The Bench of Acting Chief Justice Gita Mittal and newly sworn in Justice Pratibha M. Singh took note of a newspaper report in The Times of India regarding the said demolition which was effected on a court order. The Standing Counsel for Government of NCT of Delhi, advocate Satyakam informed the Court that the Amir Khusro Park Area had three night shelters […]

The Supreme Court today witnessed a high voltage hearing in the Aadhaar case as Attorney General Mukul Rohatgi and Senior Advocate Shyam Divan made vociferous submissions before a Bench of Justices AM Khanwilkar and Navin Sinha. The petitions, filed by Shanta Sinha and Kalyani Sen Menon, have sought interim reliefs against making Aadhaar mandatory for 17 social services schemes. The matter had first come up before a Bench of Justices AK Sikri and Ashok Bhushan, when the Court had issued notice to the Centre and tagged the case with the main matter, which is to be heard by a Constitution […]

The Delhi High Court is touted as one of the most effective high courts and has produced some of the best judges in the country. However, one major grunt at the Bar, especially in recent times, has been that the Chief Justices who have come from other High Courts have many a time failed to live up to expectations. Interestingly, in the recent past, the Acting Chief Justices who have donned the task for brief periods during the absence of Chief Justices, have had a positive bearing on the court. Be it the current Acting Chief Justice, Gita Mittal or Justice Badar Durrez […]

The Bar & Bench Causelist #433 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 Shantha Sinha and Anr. v. Union of India Ministry of Finance Delhi High Court  Court On Its Own Motion Vs. Union Of India Virbhadra Singh Vs. Enforcement Directorate SUMMARY OF CASES Supreme Court of India 1. Shantha Sinha and Anr. v. Union of India Ministry of Finance [Item 1 in Court No. 5 – WP(C) 342/2017] Bench: AM Khanwilkar, Navin Sinha JJ. Challenge to the mandatory requirement of […]

On Thursday, Bennett Coleman and Company Limited (BCCL), owner of the “Times Now” Channel, filed a suit against Arnab Goswami’s “Republic TV” in the Delhi High Court for violation of contract of employment and infringement of intellectual property. The Plaintiffs have claimed that Arnab and his team are using intellectual property, which they had acquired during the course of their employment with TIMES NOW and which exclusively belonged to the Plaintiffs. A few clippings of the telecast by “Republic TV” regarding the circumstances of Sunanda Pushkar’s death were also played before the bench of Justice Manmohan. Appearing for the Plaintiffs, Senior […]

Even as rights of women were being debated in Chief Justice’ court, an unsavoury incident in court today, once again brought to fore the issue of safety of women in the apex Court. A law intern had to ward off this man, who attempted to molest her, by asking him to leave the court room, while the hearing in the Triple Talaq case was progressing. The perpetrator, a young man in civilian clothing seemed like a visitor, who had come to watch the proceedings in the case. The crowded visitors section of the court room was packed with scribes, law […]

Updates on Triple Talaq Hearing from Supreme Court – Day 6 A vacation Bench of the Supreme Court continues to hear the challenge to the Islamic practices of Talaq-e-Biddat (Triple Talaq) and Nikah Halala this week. Here is a summary of the action from the Supreme Court as it happens: #TripleTalaq: Day 6 hearing commences in Supreme Court. — Bar & Bench (@barandbench) May 18, 2017 #TripleTalaq: “My submission is Islam is not patriarchal, I disagree with AIMPLB in this regard”, Salman Khurshid. — Bar & Bench (@barandbench) May 18, 2017 #TripleTalaq: “Islamic values are informed by equity anx conscience”, Arif Mohammed Khan. — Bar & […]

The Bar & Bench Causelist #432 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 In Re: Muslim Women’s Quest for Equality Delhi High Court  Court On Its Own Motion Vs. Union of India Arun Jaitley Vs. Arvind Kejriwal and Ors Court On Its Own Motion Vs. State SUMMARY OF CASES 1. In Re: Muslim Women’s Quest for Equality [Item 501 in Court 1 – Suo-moto Writ Petition (Civil) 2/2015] Bench: Chief Justice JS Khehar, Kurian Joseph, Rohinton Fali Nariman, UU Lalit, S […]

Mayhem ensued in Room No. 2 of the Delhi High Court as Finance Minister Arun Jaitley’s cross examination in the defamation case against Delhi Chief Minister Arvind Kejriwal resumed today. Heated arguments and verbal assaults were exchanged between Senior Advocate Ram Jethmalani and the counsel of Jaitley from the very first question put forth in the cross examination. Jethmalani, appearing for Kejriwal, repeatedly questioned Jaitley regarding an article published in a leading newspaper. The article, criticising the Finance Minister, was written by Jethmalani himself. This was vehemently objected to by the lawyers appearing for Jaitley as being completely irrelevant to the case and […]

The Delhi High Court on Monday pulled up the authorities of the Central Excise department and asked them to explain the practice of collecting undated cheques from assessees. A writ petition was filed in the High Court by Digipro Import & Export Pvt. Ltd, a company that manufactures mobile phone batteries, chargers and LED bulbs. The company was paying excise duty @ 2% ad valorem on mobile phone battery and mobile phone charger, and 6% on LED bulbs. However, the respondents claimed that the tariff rate of duties on these products is 12.5% ad valorem. The petitioners claimed that they […]

Updates on Triple Talaq Hearing from Supreme Court – Day 5 A vacation Bench of the Supreme Court continues to hear the challenge to the Islamic practice of Talaq-e-Biddat (Triple Talaq) this week. Here is a summary of the action from the Supreme Court as it happens: #TripleTalaq: Day 5 – Sibal opposes taking up case suo moto “It is as if every member of the community wakes up in the morning and does it” — Bar & Bench (@barandbench) May 17, 2017 #TripleTalaq: “For 67 years, faith of people in this Court has been fundamental”, Sibal ends his arguments with an emotional appeal. […]

The Bar & Bench Causelist #431 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 In Re: Muslim Women’s Quest for Equality Shanta Sinha v. Union of India Delhi High Court  Arun Jaitley Vs. Arvind Kejriwal and Ors Ashwini Kumar Upadhyay Vs. Union of India SUMMARY OF CASES Supreme Court of India 1. In Re: Muslim Women’s Quest for Equality [Item 501 in Court 1 – Suo-moto Writ Petition (Civil) 2/2015] Bench: Chief Justice JS Khehar, Kurian Joseph, Rohinton Fali Nariman, UU Lalit, […]

Debevoise & Plimpton has promoted Ramya Tiller to partner in its New York office. Tiller, a 2002 graduate of National Law School of India University (NLSIU), Bangalore, also holds an LL.M. (Corporate Law) from New York University School of Law. She joined Debevoise in 2007, prior to which she worked for Udwadia & Udeshi in Mumbai. She then joined Freshfields Bruckhaus Deringer from 2010 to 2012, before moving back to Debevoise. Tiller is part of the firm’s Finance Group, and focuses her practice on complex acquisition and leveraged finance transactions.

Updates on Triple Talaq Hearing from Supreme Court – Day 4 A vacation Bench of the Supreme Court continues to hear the challenge to the Islamic practices of Talaq-e-Biddat (Triple Talaq) this week. Here is a summary of the action from the Supreme Court as it happens (best to read from bottom to top): Today Senior Advocate Kapil Sibal, appearing for All India Muslim Personal Law Board, made his arguments. Yesterday, Attorney General Mukul Rohatgi, appearing for the Centre, submitted that personal laws have to undergo the test of Articles 13, 14 and 15 and that the Bombay High Court decision in Narasu Appa Mali […]

The Bar & Bench Causelist #431 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 In Re: Muslim Women’s Quest for Equality Karmanya Singh Sareen v. Union Of India & Ors. Delhi High Court  Virbhadra Singh vs. Enforcement Directorate Gauri Grover Vs. Govt. of NCT of Delhi & Ors. SUMMARY OF CASES Supreme Court of India 1. In Re: Muslim Women’s Quest for Equality [Item 501 in Court 1 – Suo-moto Writ Petition (Civil) 2/2015] Bench: Chief Justice JS Khehar, Kurian Joseph, Rohinton Fali […]

Today, the Delhi High Court’s room no. 2 witnessed the continuation of the verbal duel between Senior Advocate Ram Jethmalani and Finance Minister Arun Jaitley in the defamation case filed by the latter against Delhi Chief Minister Arvind Kejriwal. Ram Jethmalani, who represented Kejriwal in his cross examination today, questioned Jaitley regarding the funding for the construction of the Feroz Shah Kotla Stadium in New Delhi. Jethmalani stated that various public figures and the Central Government had made proposals for funding the construction of the stadium in return for naming the stadium after a specific individual. However, these proposals were not seriously considered […]

The appointment of two more women to the higher judiciary represents more cracks in the glass ceiling of the men’s club that is the Bench. The swearing in of Rekha Palli and Pratibha Singh today has taken the number of woman judges in the Delhi High Court to 10. Acting Chief Justice Gita Mittal today swore in her junior from school, Palli. The two judges went to Lady Irwin School in the capital together. It is also interesting to note that three judges from the High Court are from Lady Shriram College, including Mittal ACJ and Justices Indermeet Kaur and […]

Updates on Triple Talaq Hearing from Supreme Court – Day 3 A vacation Bench of the Supreme Court continues to hear the challenge to the Islamic practices of Talaq-e-Biddat and Nikah Halala this week. The Central government sought to reignite the debate surrounding personal laws and Article 13. This development came about in the Triple Talaq hearing today, when Attorney General Mukul Rohatgi submitted that personal laws have to undergo the test of Articles 13, 14 and 15 and that the Bombay High Court decision in Narasu Appa Mali will have to be debated by the court. These submissions come even as the Court made […]

The Bar & Bench Causelist #430 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 In Re: Muslim Women’s Quest for Equality Karmanya Singh Sareen v. Union Of India & Ors. Delhi High Court  Arun Jaitley Vs. Arvind Kejriwal and Ors. Central Bureau of Investigation v. Air Chief Marshall (Retd.) S.P. Tyagi Central Bureau of Investigation v. Sanjeev Tyagi Central Bureau of Investigation v. Gautam Khaitan SUMMARY OF CASES Supreme Court of India 1. In Re: Muslim Women’s Quest for Equality [Item 501 in […]

The Justice Karnan episode might definitely count as one of the worst handled issues of the Supreme Court. By giving the accused judge and experts reasons to rip into the tenability of its order in the contempt case, the Court has increasingly become a punching bag for those not even remotely connected with the matter. Now, an NGO by the name of Human Right Security Council has complained to the United Nations to interfere in the episodes relating to Justice Karnan and Kalikho Pul. The complaint has been filed by the NGO through one Rashid Khan Pathan on May 11. The […]

In a significant ruling, the Supreme Court has held that the penalty under Section 27(b) of the Competition Act will be only on the ‘relevant turnover’ of the product in question and not the ‘total turnover’. The decision was rendered by a Bench of Justices AK Sikri and NV Ramana in a batch of appeals against the decision of the Competition Appellate Tribunal (COMPAT). Justice Ramana wrote a separate concurring judgment. Senior Counsel Krishnan Venugopal appeared for the appellant while Additional Solicitor General Neeraj Kishan Kaul appeared for the CCI. By way of background, the case has its genesis in […]

In a very interesting development, the Supreme Court on May 9 stayed a judgment of the Madras High Court, which had quashed a relaxation afforded to judges of lower courts to write their judgments in English instead of Tamil. The stay by the Supreme Court would mean that there would be no bar on judges of subordinate judiciary to write their judgments and orders in English. A Bench of Chief Justice JS Khehar and Justices PC Ghose and DY Chandrachud heard advocate V Vasanthakumar who appeared and argued in-person before staying the 2014 judgment of the High Court. The case […]

The Delhi High Court on Friday paved the way for the Income Tax Department to investigate the transactions of the Congress party’s Young Indian Private Limited. A Bench of Justices S Muralidhar and Chander Shekhar dismissed the application of the Company challenging the said assessment. Young Indian Private Limited had approached the Delhi High Court seeking a stay on the Income Tax investigation and quashing of notices sent by the tax authorities. The Bench stated: “Young Indian Private Limited could not be arrogant and refuse to submit the documents as required.” Sensing the tone of the Court, Senior Advocate Abhishek Manu Singhvi, appearing […]

Earlier this week, the Delhi High Court pulled up its own Mediation Cell for drawing up a settlement agreement that resulted in further litigation. Justice Rajiv Sahai Endlaw was hearing a case in which a settlement had been arrived at between two parties to a property dispute. The parties had entered into a settlement agreement before the Delhi High Court Mediation and Conciliation Centre on September 2, 2015. The suit was withdrawn at the initial stage, and the settlement agreement provided that either party had the liberty to file fresh proceedings if any disputes arose from the agreement. The plaintiff […]

Updates on Triple Talaq Hearing from Supreme Court – Day 2 A vacation Bench of the Supreme Court continues to hear the challenge to the Islamic practices of Talaq-e-Biddat, Nikah Halala and polygamy starting today. Here is a summary of the action from the Supreme Court as it happens (Best to read from bottom up): Yesterday, the Court made it clear that it would only hear the challenge to the practice of Triple Talaq and would not touch upon the issue of polygamy. Senior Advocate Amit Singh Chadha, appearing for Shayara Bano, argued that the practice was discriminatory towards women. However, Senior Advocate Salman […]

The odds were against Senior Advocate Shyam Divan, who was mentioning the Aadhaar matter before Chief Justice JS Khehar for the third time. However, the Court relented this time around, and agreed to hear the petitioners in the Aadhaar case on interim prayers. The matter will be heard on May 17 by a Division Bench. This would be the third time such a request is being made before the CJI. Divan had earlier made similar requests on January 5 and March 27. The Central government has been coming out with one notification after another, allegedly in violation of the orders […]