Most of the big cases which were pushed into resolution process under the Insolvency and Bankruptcy Code (IBC) last year continue to remain unresolved despite crossing the statutory 270-day time period; which is mostly a result of the numerous disputes arising during the process. Broadly speaking, most cases are stuck at different stages of selection of resolution applicants. While in some, disputes have been triggered prior to selection of winning bidder, in some, it is even after the bidder has been approved by the NCLT. The overwhelming speed at which these proceedings are taking place before the NCLAT (with very […]

The Delhi High Court has ruled that the right of a person to be accompanied by a lawyer during an investigation by the Director General (DG) of the Competition Commission of India (CCI) cannot be taken away. In a case filed by the Competition Commission of India (CCI), the Court also said that this right cannot and should not cause hindrance in the investigation procedure of the CCI. This principle was laid down by a Division Bench of Justices Ravindra Bhat and Sanjeev Sachdeva in the Civil Appeal of Competition Commission of India v. Oriental Rubber Industries. Following suspicions of the […]

Delhi’s Patiala House Court today, dismissed Subramanian Swamy’s application under Section 294, where he had sought for admissibility of certain documents.  According to Swamy, these documents are the same documents that had been filed by one of the accused before the Supreme Court in a Special Leave Petition. The Court has now, ordered Swamy to be examined first, in order to ‘lay the foundation of the case’. Facts & Arguments Dr Swamy had filed a private complaint against Smt Sonia Gandhi, Congress President Rahul Gandhi, Moti Lal Vora, Oscar Fernandes, Suman Dubey, Sam Pitroda and Young Indian for offences under […]

The Division Bench of Justices P Velmurugan and T Ravindran on Friday issued notice in a PIL praying for a CBI probe into the May 22 police shooting on unarmed civilians protesting the expansion of the Vedanta’s Sterlite Copper Plant at Thoothukudi (Tuticorin), which has resulted in 13 fatalities. In his petition, Advocate A Suryaprakasam has contended that it is prima facie clear that several top police officials were directly involved in the brutal killing spree. In this context, the Chief Minister E Palaniswami’s move to justify the actions of the police has not helped. Suryaprakasam’s petition notes that the clean certificate given by the Chief Minister […]

The appeal filed by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) in the 2G case came up for hearing in the Delhi High Court today. The counsel appearing for a few of the accused submitted to Justice SP Garg that they were yet to be served notice. In this light, time was sought to file their replies. Additional Solicitor General Tushar Mehta, appearing for the CBI and the ED submitted that it was unfortunate that the High Court was hearing an appeal against the acquittal of the accused, instead of hearing the appeal against their conviction. […]

The Supreme Court on Wednesday issued notice in a petition challenging a part of a National Green Tribunal (NGT) judgment, which mandated that all vehicles plying at Delhi Airport must run on Compressed Natural Gas (CNG). In effect, the vacation bench of Justices AM Khanwilkar and Navin Sinha stayed the operation of direction 7 of the NGT judgment. The Federation of Indian Airlines and a group of airline catering companies had challenged the NGT judgment to the above-mentioned extent, arguing that no reasons were given for the said direction. It was further submitted that a host of different types of […]

The Delhi High Court today issued notice to the Delhi government in a plea seeking quashing of Section 23 of the Delhi Excise Act, which prescribes 25 years as the legal drinking age in Delhi. The petition filed by one Kush Kalra states that the minimum age for marriage is 18 years for women and 21 years for men, for obtaining license to drive is 18 years, for voting is 18 years, whereas there is no reason provided for having the minimum age for consuming alcohol as 25 years. The petition, filed through advocates Charu Walikhanna and Dharmendra Singh Pal, further states that […]

The Karnataka High Court yesterday convicted a man for contempt of court, after he had made reckless allegations against sitting and former judges of the Supreme Court. The Bench of Justices RB Budihal and KS Mudagal was hearing a suo motu criminal complaint filed by the Karnataka High Court against one MD Rajanna under Section 15 of the Contempt of Courts’ Act, read with Article 215 of the Constitution of India. This case was filed on the basis of a letter written to the High Court by the IV Additional District and Sessions Judge of Mandya, requesting the Court to take action […]

Investigative journalism house Cobrapost today released the second part of its ‘Operation 136’ documentary, which alleges that certain news publications agreed to run political campaigns and propagate Hindutva ideology in exchange for money. This comes a day after the Delhi High Court restrained Cobrapost from  releasing the said documentary in any manner, in a plea by Dainik Bhaskar, one of the publications on which the sting operation was carried out. Representing Dainik Bhaskar, Senior Advocate Neeraj Kishan Kaul who was briefed by law firm Praxis Counsel, had argued that the entire object of the sting was to sully the reputation of the plaintiff company. It was […]

A writ petition has been filed in the Delhi High Court seeking a direction to the National Human Rights Commission (NHRC) to investigate the violence that took place in Thoothukudi (also known as Tuticorin). Today, a single judge bench of Justice Rajiv Shakhder asked the NHRC to consider the representation made by the petitioner, advocate A Rajarajan, who was represented by Sabrish. On Tuesday, police forces had opened fire on unarmed protesters at Sterlite’s (now Vedanta) Copper Smelter plant, who were demanding that the plant be shut down. According to news reports, 13 people were killed in the firing. The petitioner states […]

The National University of Advanced Legal Studies (NUALS) has agreed to constitute a grievance redressal committee to deal with complaints against Common Law Admission Test 2018 (CLAT). The readiness of NUALS to take this measure was conveyed to the Supreme Court by Senior Advocate Rakesh Munjal and advocate A Karthik who appeared for the University. The Committee will consist of two members – retired Kerala High Court judge, Justice MR Hariharan Nair and Head of Computer Science Department of Cochin University, Dr. Santosh Kumar G. This committee will examine all the complaints of individual CLAT candidates and make recommendations. The scrutiny […]

The Gauhati High Court has urged the Assam government to implement welfare measures for transgender community. The direction to that effect was passed by a Bench of Chief Justice Ajit Singh and Justice Shyam Suman in a petition by one Swati, a transgender and founder of All Assam Transgender Association. The petitioner was represented by Senior Counsel BD Konwar, Advocate S Newar and Advocate S Bhuyan. The Respondents had representation from Senior Additional Advocate General D Saikia, Additional Senior Government Advocate R Dhar and Government Advocate B Jharor. This petition was filed in 2017 praying for directions to be issued to […]

In his farewell address delivered today, retiring judge of the Kerala High Court Justice Kemal Pasha pointed out issues plaguing the judiciary, and made some pertinent observations regarding appointment of judges. Referring to certain unspecified “recent events”, Justice Pasha said that the glory of the Kerala High Court had been diminished in light of the same. He stated, “The said incidents have tarnished the image of this institution and it has lowered its reputation in the estimation of the right thinking members of the public. Judges will not be the loosers; the Bar will be the ultimate looser (sic).” Recently, […]

Amidst the uproar over the police opening fire on unarmed protesters at Sterlite’s (now Vedanta) Copper Smelter plant in Thoothukudi, a PIL has been filed before the Supreme Court calling for action to be taken against those responsible. The PIL filed by Advocate GS Mani prays for a case of murder under Section 302 IPC to be registered by the Central Bureau of Investigation (CBI) against all concerned officers of the Tamil Nadu Police, specifically the Superintendent of Police of Thoothukudi District and the District Collector. The petition has called this unfortunate incident a “fake encounter or illegal police fire”. In […]

The case against senior Congress leader Shashi Tharoor in relation to the mysterious death of his wife Sunanda Pushkar was today transferred to a fast track court. Pushkar was found dead in her hotel room in 2014. After several years of investigation, the Delhi Police has charged Tharoor with abetment to suicide. There have been various theories surrounding Pushkar’s death, including the allegation made by BJP MP Subramanian Swamy that she was murdered before revealing the murky dealings connected to the Indian Premier League. Swamy had also filed a public interest litigation seeking a court-monitored SIT investigation into the death of Sunanda Pushkar […]

Justice MM Sundresh of the Madras High Court has upheld the validity of the Tariff Order and Interconnection Regulations introduced by Telecom Regulatory Authority of India (TRAI) last year, concurring with the view taken by Chief Justice Indira Banerjee earlier in the case. In effect, the judge has ruled in favour of TRAI’s power to introduce the Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff Order, 2017 and the Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulations, 2017. These provisions prevent broadcasters from offering a mix of pay channels and free to air channels in a bouquet of […]

The Supreme Court today asked National University of Advanced Legal Studies (NUALS) to come up with a “wholesome solution” to redress the complaints against Common Law Admission Test 2018 (CLAT). The petition filed by six CLAT candidates was heard by a Bench of Justices AM Khanwilkar and Navin Sinha. Senior Advocate V Giri along with advocate A Karthik appeared for NUALS while Senior Advocate Salman Khurshid appeared for the petitioners. As the proceedings commenced, Justice Khanwilkar shot a question at V Giri, “How do you resolve all these problems?” When Giri pointed out that the “petition is filed by just seven candidates”, […]

The Delhi High Court yesterday came down heavily on NDTV for wasting the court’s time by constantly using delaying tactics in its own suit against MJ Akbar and the Sunday Guardian filed seven years ago. NDTV had approached the Delhi High Court in 2011 against allegedly defamatory articles published in the Sunday Guardian which had alluded to foul play in the finances of the channel, as well as tax evasion on its part. NDTV had sought damages of Rs 25 crore and an injunction on the publication of the said articles. However, ever since the framing of the issues, both […]

Adding to the deluge of litigation assailing the conduct of this year’s Common Law Admission Test (CLAT 2018), yet another petition has been filed, this time in the Calcutta High Court. After hearing the petition today, Justice Protik Prakash Banerjee has passed an interim order directing the CLAT organizers not to publish any rank list till May 25, the next date of hearing. The petition was filed on behalf of aspirants from Kolkata law coaching centre CLATapult, seeking a re-examination in lieu of the time lost by several students, on account of technical glitches that occurred in centres across the […]

A Public Interest Litigation petition has been filed in Madras High Court by three lawyers seeking a probe into the Police firing on people protesting against Sterlite Copper Plant of Vedanta in Thoothukudi (Tuticorin) yesterday. The petition has been filed by advocates S Jimraj Milton, D Paarventhan, and Paaventhen. A Bench of Justices P Velmurugan and T Ravindran today ordered that the dead bodies of those killed in the firing, be preserved until further notice. The Court . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year of unrestrcited […]

Prime Minister Narendra Modi’s degree case took a new turn yesterday with three RTI activists Anjali Bhardwaj, Nikhil Dey and Amrita Johri filing an intervention application to assist the court in determining the importance of right to information in such cases. The University of Delhi had approached the Delhi High Court against the 2016 order of the Central Information Commission which had allowed inspection of Delhi University’s 1978 BA degree records.

In the background of the police shooting that killed eleven protesters at Thoothukudi, the Madurai Bench of the Madras High Court has granted an interim stay on the construction of a copper smelting unit being constructed by Vedanta (formerly Sterlite). The Division Bench of Justices M Sundar and Anita Sumanth was hearing a writ petition challenging Environmental Clearance (EC) granted to Vedanta for the unit. The EC was first granted in January 2009, and subsequently renewed twice, in August 2015, and March 2016 . . . Facebook Comment To read the entire article, get a premium account With a premium […]

The Supreme Court refused to grant interim relief to a law student from Delhi University (DU) who was detained in the fourth semester and barred from writing her exams on account of low attendance, owing to her pregnancy. The Court has, however, granted liberty to the petitioner to seek remedy from the Division Bench of the Delhi High Court. The matter was taken up by the Supreme Court Bench of Justices AM Khanwilkar and Navin Sinha this . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year of unrestrcited access […]

The Supreme Court today directed that a copy of the petition challenging the Common Law Admission Test 2018 (CLAT), be served on National University of Advanced Legal Studies (NUALS) and Central government. The petition filed by six CLAT candidates, was heard by a Bench comprising Justice AM Khanwilkar and Justice Navin Sinha. The petitioners were represented by Senior Advocate Salman Khurshid. The Court besides ordering that an advance copy be served on NUALS, Central government . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year of unrestrcited access to […]

The National Stock Exchange Ltd (NSE) has dragged the Singapore Exchange Ltd (SGX) to Bombay High Court over the latter’s plan to launch Nifty-based products beginning June. The petition has been filed by India Index Services and Products Limited (a subsidiary of NSE), which provides indices and index-related services to NSE, against Singapore Exchange Derivatives Trading Ltd. and Respondent and Singapore Exchange Securities Trading Limited. The petition has been filed . . . 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 […]

A Division Bench of the Bombay High Court reportedly pulled up the Bar Council of India (BCI) today for its inaction in inspecting a proposed all-women law college in Thane. It has been learnt that the petitioners in the case, Bombay Public Trust, had received clearances from both the state government and the concerned University, but a BCI inspection had not . . . 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 […]

The Delhi High Court yesterday dismissed the plea by Indian Hotels Company Ltd. (IHCL) against the tender issued by the New Delhi Municipal Corporation (NDMC) for the auction of Delhi’s iconic Taj Mansingh Hotel. Tata Group-owned IHCL complained that an essential condition, with respect to its “unblemished track record”, had not been properly factored into the eligibility conditions and therefore, the tender contravenes an earlier order of the Supreme Court. IHCL had entered into a collaboration agreement with NDMC . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year […]

A Delhi Court on Friday granted anticipatory bail to the Principal of Mother Khazani Convent School, who is alleged to have been involved in the CBSE paper leak scandal. Two teachers of Mother Khazani Convent School, which was one of the centers where the board examinations were conducted, have already been arrested by the police. Appearing for Principal Praveen Kumar Dagar, Advocate Harsh K Sharma submitted that the applicant had been falsely implicated in this case.

The Delhi High Court today issued notice to the Central government and other authorities in the plea filed by BJP’s youth wing Akhil Bhartiya Vidhyarthi Parishad (ABVP) against the mismanagement of this year’s Common Law Admission Test (CLAT 2018). The petition, filed through Advocates Namit Saxena and Nishant Awana, prayed for a stay on all further proceedings regarding CLAT 2018, including the declaration of result, scheduled for May 31. The petition submitted, “The conduct of CLAT over the last several years has been continuously riddled with arbitrariness, opacity, and ineptitude, thereby affecting the education and career prospects of thousands of students, who participate […]

A couple of weeks after the Madras High Court refused to grant anticipatory bail to him, BJP leader S Ve Shekher today obtained protection against arrest from the Supreme Court. The matter came up before the Supreme Court Bench of Justices AM Khanwilkar and Navin Sinha, who granted protection to the petitioner till the next date of hearing on June 1. The Court also issued notice to the state of Tamil Nadu in the case, and said that no coercive action against the . . . Facebook Comment To read the entire article, get a premium account With a premium account you […]