A petition praying for a writ of Habeas Corpus has been filed in the Delhi High Court by the mother of Dr. Suyash Gupta who has been missing since August 24. Dr. Suyash Gupta is the prime suspect involved in the death of fellow doctor Shashwat Pande. The petitioner Vandana Gupta and her husband reached the Police Station on August 25, where they were informed that their son was involved in an altercation with the deceased. The petition filed through Advocate Jayant Bhatt states that, “Upon reaching the Police Station, the phone of the petitioner was taken away by the police […]

The Madras High Court yesterday heard a petition filed against the recent move of the Tamil Nadu Bar Council to prohibit 742 advocates from practicing law. The Bar Council had found that these advocates were violating Rule 5 of the Legal Education Rules, 2008. Rule 5 of the Legal Education Rules prescribes the minimum qualification required in order to be eligible to apply for admission to a law course. After hearing initial submissions, the First Bench of Chief Justice Indira Banerjee and Justice M Sundar, held that it would be against the principle of Natural Justice to prohibit practice by […]

The Delhi High Court is hearing a public interest litigation seeking a direction to the RBI to withdraw the newly launched Rs.50 banknote, as it allegedly does not have the identification mark for the visually impaired. The petition filed by Advocate Rohit Dandriyal also seeks issuance of new Rs.50 banknotes by the RBI with identification mark for the visually challenged. The petition states that, “The old banknote had the identification mark on the left side which could be felt by touch and helped the visually impaired to identify the denomination whereas in the new note, there is no identification mark […]

The Delhi High Court yesterday directed the Delhi Police Commissioner to come up with a strategy for dealing with increasing instances of crime against women in the capital region. The direction was given by the Division Bench of Justices S Ravindra Bhat and Sanjeev Sachdeva while hearing a matter on the state of women’s safety post the Nirbhaya gangrape. The Court had taken suo motu cognizance of the same. Advocate Meera Bhatia, who is the amicus curiae in the matter, informed the Court that the Police is completely aware of the profiles of offenders and is also cognizant with the types of […]

The Supreme Court on Thursday held that freedom of speech and expression is sacrosanct, while dismissing a writ petition seeking deletion of certain scenes from the documentary on Arvind Kejriwal titled An Insignificant Man. The plea also sought a stay on the release of the documentary. The order was passed by a Bench of Chief Justice Dipak Misra, Justices AM Khanwilkar and DY Chandrachud. The plea was filed by Nachiketa Walhekar, a former BJP worker, who had sought deletion of specific scenes from the documentary in which he was shown throwing ink on Delhi CM Kejriwal. It was filed through AoR Divyesh […]

The Madras High Court has upheld the state government’s decision to insist that vehicle users carry their original driver’s licence. This was effectively confirmed by the First Bench of Chief Justice Indira Banerjee and Justice M Sundar while dismissing an appeal made by the All India Confederation of Goods and Vehicles Owners Association. Last August, a memorandum had been issued by the state to the effect that those found driving without carrying their original driver’s licence would be prosecuted under Sections 130 and 171 of the Motor Vehicles Act, 1988. The memo was set to take effect on September 1, […]

The Delhi High Court today gave its clearance to the Airtel Half Marathon, which is scheduled to take place in New Delhi on November 19, after certain assurances were given by the organizers of the event. The organizers submitted before the Court that they are well equipped to deal with any medical emergency, which might surface due to the current pollution levels in the national capital. The organizers also stated that they will set up 2 medical camps and have 75 doctors along with 100 nurses and 50 physiotherapists. Also, there will be 12 water stations and almost 1 lakh […]

More than a year after he was appointed, Advocate General for the state of Assam Chinmoy Choudhury has resigned from the post. Confirming the development to Bar & Bench, Choudhary said, “I had given some suggestions regarding the administration of the Advocate General’s office, but they [the state government] were not willing to listen. Therefore, I resigned.” Choudhury was appointed as Advocate General in July 2016, after the BJP came to power in Assam one month before that. He has over three decades of experience as a lawyer, having joined the Bar in 1983. He was made Senior Government pleader […]

The Supreme Court last week stayed the Delhi High Court’s order setting aside the elections held by the All India Football Federation (AIFF). A Bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud passed the order in a petition by the AIFF. The Delhi High Court had set aside the election of Praful Patel as President of the AIFF, and the same was challenged in the Supreme Court. Senior Advocates Abhishek Manu Singhvi and Amarendra Sharan, assisted by Karanjawala & Co Partner Debmalya Banerjee, appeared and argued on behalf of the petitioners. In his submissions, Singhvi contended that the elections held were legal […]

The Delhi High Court yesterday heard the arguments in IndiGo Airlines’ plea challenging DIAL’s (Delhi International Airport Limited) decision to shift part of its operations from Terminal 1D to Terminal 2 of the Delhi airport. The petition filed under Article 226 of the Constitution challenges the decision by DIAL whereby one airline (Go Air) was allegedly permitted to shift its entire operations to Terminal 2, while the other two airlines (IndiGo and SpiceJet) were directed to relocate their operations in ‘part’. Appearing for IndiGo, Senior Counsel Sandeep Sethi stated that the decision take by DIAL was irrational and wholly arbitrary. […]

The Madras High Court recently quashed Income Tax proceedings sought to be re-opened against P Chidambaram, Nalini Chidambaram, Karti Chidambaram and his wife, Srinidhi Rangarajan for transactions dating back to the assessment year 2009-2010. Justice TS Sivagnanam of the High Court held that the re-assessment proceedings were unjustified on three primary grounds. Facts The IT department had sought to initiate re-assessment proceedings in relation to certain transactions on a coffee estate owned by the Chidambaram family. The said transactions related to growing, pulping and drying of coffee. The proceeds of raw coffee sold thus, the petitioners submitted, was exempted from tax […]

The Supreme Court has for the second time allowed settlement to be recorded after admission of case under the Insolvency and Bankruptcy Code, 2016 (IBC). This power was invoked under Article 142 of the Constitution which allows the Supreme Court to “pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it.” A similar ruling, in July 2017, was passed by the same bench, comprising Justice Rohinton Nariman and Justice Sanjay Kishan Kaul. The reason why parties have to resort to this provision of the Constitution is that IBC […]

The Maharashtra government has undertaken to pay Rs. 100 crore as compensation for the restoration of the Ulhas and Waldhuni rivers after the Supreme Court summoned the Chief Secretary of the State. The Bench of Justices Madan B Lokur and Deepak Gupta recorded the undertaking given by the State in the case of Municipal Commissioner, Ulhasnagar Municipal Corporation v Vanashakti Public Trust & Ors. The case pertained to the heavy pollution that was taking place in the Ulhas and Waldhuni rivers flowing through Maharashtra. In 2015, after observing that the rivers were critically polluted, the NGT had passed a detailed […]

Former Supreme Court judge, Justice V Khalid passed away. He was 95. Justice Khaild graduated in law from Madras Law College and enrolled as advocate in 1948. He practiced in Cannanore, Tellicherry and Ernakulam before being elevated as a High Court judge in 1974. He was elevated to the Supreme Court in 1983 and retired from service on June 30, 1987. Image taken from here. 

Murali Krishnan and Aditya AK The Supreme Court is set to reopen the debate on reservations in promotion once again, in view of a challenge relating to the interpretation of Articles 16(4), 16(4A) and 16(4B) of the Constitution. A three-judge Bench of Chief Justice of India Dipak Misra and Justices AK Sikri and Ashok Bhushan today referred the matter in State of Tripura & others vs Jayanta Chakraborty to a Constitution Bench to decide specifically on whether the 2006 Supreme Court judgment in M Nagaraj v. Union of India should be reconsidered. This Constitution Bench will decide the limited question of whether […]

The Delhi High Court yesterday passed a comprehensive judgment in the case of GMR Energy Limited v. Doosan Power Systems India Pvt. Ltd, which could contribute immensely to the arbitration jurisprudence in the country. The matter was regarding the ongoing arbitration between GMR Chhattisgarh Energy Limited (GCEL), GMR Infrastructure Limited (GIL), GMR Energy and Doosan India for development of a 1350 MW Coal Fired Thermal Power Plant at Raikheda in Chhattisgarh. In the suit, GMR Energy sought a decree of permanent injunction restraining Doosan India from continuing with the arbitration proceedings before the Singapore International Arbitral Centre (SIAC), claiming that it […]

Justice S Vaidyanathan of the Madras High Court has laid down certain procedures to be complied with before filing cases, to guard against practice by fake advocates. While passing the order, he has also recommended that the Advocates Act be appropriately amended to allow enrolment of advocates only after they have passed the All India Bar Examination (AIBE). The directions were issued while disposing of a petition for anticipatory bail in a divorce case. While hearing the case, the . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One […]

Justice Jasti Chelameswar has recused from hearing the case relating to allocation of judges between Telangana and Andhra Pradesh. The order passed today states, “List the matters before the Bench of which one of us (Mr. Justice J. Chelameswar) is not a member.” Justice Chelameswar had been hearing this matter for a very long time. According to the details available on the Supreme Court website, Justice Chelameswar first heard 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 Supreme Court today deprecated the conduct of lawyers involved in filing a second petition in the Medical college bribery case terming it as ‘forum shopping’ and ‘contemptuous’. A Bench of Justices RK Agarwal, Arun Mishra and AM Khanwilkar delivered the verdict in the petition by advocate Kamini Jaiswal. The Court also held that the controversial FIR by CBI is not against any judge nor can an FIR be registered against a judge. Besides, the Court also held that the CJI was competent to assign the matter to the current Bench. Following are the takeaways from the judgement: FIR is […]

The Supreme Court yesterday issued notice to the Centre and the Reserve Bank of India in a petition seeking the regulation of Bitcoin and other cryptocurrency in India. The order was passed by a Bench of Chief Justice Dipak Misra, and Justices AM Khanwilkar and DY Chandrachud. The petition filed by advocate Dwaipayan Bhowmick seeks directions to control the flow of Bitcoin by forming a committee to frame an appropriate mechanism to regulate . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year of unrestrcited access to previous […]

A petition has been filed in the Supreme Court bringing to light the issues arising out of the non-appointment of judges to the Karnataka High Court. Filed by former Karnataka State Bar Council President PP Hegde, the petition points out that the Karnataka High Court has been functioning at less than half of its sanctioned strength. There are currently 37 vacancies at the High Court, as against a sanctioned strength of 62. The matter came up for hearing . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year […]

The Delhi High Court today issued notice to the Election Commission of India (ECI) in a plea by Delhi Chief Minister Arvind Kejriwal seeking remedy against two orders that censured him for violating the model code of conduct during the Delhi and Goa elections. Kejriwal had allegedly instigated the public to take bribes from other parties, if offered, but to vote for the Aam Aadmi Party (AAP). The Election Commission had also directed the Chief Electoral Officer of Goa to file . . . Facebook Comment To read the entire article, get a premium account With a premium account you […]

The Supreme Court today reserved its order in the petition filed by advocate Kamini Jaiswal seeking an SIT probe into the medical college bribery matter. Senior Advocate Shanti Bhushan, along with Advocate Prashant Bhushan, appeared for the petitioner. The matter was heard from 3.30 pm to 5 pm by a Bench of Justices RK Agrawal, Arun Mishra and AM Khanwilkar.

The Supreme Court will hear the review petitions of the convicts in the Nirbhaya case on December 12. The matter was heard by the Bench of Chief Justice Dipak Misra and Justices R Banumathi and Ashok Bhushan, which confirmed the death penalty for all the four accused on May 5, this year. Today, during the hearing of the review petition filed by Mukesh . . . 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 Bar Council of Tamil Nadu and Puducherry has prohibited 742 advocates from practicing law after they were found to be violating Rule 5 of the Legal Education Rules, 2008, framed by the Bar Council of India. Rule 5 of the Legal Education Rules prescribes the minimum qualification required in order to be eligible to apply for admission to a law course. The explanation to the rule specifically states,

The Supreme Court of India appears to be the centre stage of controversy, with a Constitution Bench annulling an order passed by a Division Bench on Friday last week. Amidst unprecedented scenes in the Court of the Chief Justice of India, the Constitution Bench headed by CJI Dipak Misra set aside an order passed by the second senior-most judge, Justice Jasti Chelameswar. The hearing itself attracted a lot of attention, with advocate Prashant Bhushan storming out of the Court during the hearing, after expressing his displeasure at the refusal of the Bench to hear him. One of the connected matters, the […]

The Allahabad High Court recently dealt with another writ petition filed by an ex-director of Lohia Machines Limited (LML), a company facing moratorium, praying that the repayment plan which was pending before the Board for Industrial and Financial Reconstruction (BIFR) remain operative despite moratorium. Deepak Singhania, the petitioner, along with two others had

Supreme Court will hear the review petition filed by 2012 Nirbhaya gang rape accused at 3.30 pm tomorrow. The matter will be heard by the Bench of Chief Justice Dipak Misra and Justices R Banumathi and Ashok Bhushan which had confirmed the death penalty for . . . 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 ? Login

The Supreme Court this week asked Acting Chief Justice of Jharkhand High Court Dhirubhai N Patel to conduct an impartial inquiry into the passing of two contradictory orders by the High Court in a single matter. A Bench of Justices SA Bobde and L Nageswara Rao passed the order while hearing a petition filed by Nirmala Devi, an MLA from Barkagaon constituency, against the order of the High Court. The issue stems from a bail . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year of unrestrcited access to […]

Close on the heels of the controversy yesterday over listing of matter with respect to medical college case and the extraordinary hearing that followed, the Supreme Court has now issued a circular regarding oral mentioning of cases which are not yet assigned/ listed before any other Bench. As per the circular, mentioning of such matters will be allowed only before the Chief Justice of India. Though . . . 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 […]