The Supreme Court, by a 2:1 majority, has held that personal liberty plays a role when it comes to interpreting the law related to default bail under Section 167 of the Code of Criminal Procedure (Cr.PC). The Bench of Justices Madan Lokur, Prafulla C Pant and Deepak Gupta was hearing an SLP filed by former Chairman of the Assam Public Service Commission (APSC) Rakesh Kumar Paul, who was charged under Section 13(1) of the Prevention of Corruption Act, 1988. While . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: […]

The Right to Information (RTI) Act cannot be used for extorting advertisements from an organisation, Central Information Commissioner Prof. Madabhushi Sridhar Acharyulu has held on 28 July. The order came on a complaint filed by Munna Ahmad, editor of a magazine Alfaaz Daily against the Dargah Khwaja Sahib Ajmer, which he complained had denied him information under the Act .He had  sought information on complaints filed against employees of the Dargah and the status report of the inquiry conducted by the Dargah.

After a hearing which lasted close to 45 minutes, the Supreme Court today reserved its order in the plea for holding elections to various State Bar Councils. A Bench of Justices RK Agarwal and AM Sapre heard all parties, including Bar Council of India, Bar Council of Delhi and various State Bar Councils, before reserving its order. The issue relating to holding of elections had cropped up in the petition challenging the validity of BCI (Certificate of . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year of […]

With barely two weeks left for his retirement, Chief Justice of India, Justice JS Khehar chose to respond to allegations of nepotism against the judiciary, reports India Today. Interestingly, the topic came up during the Independence Day event organised by Supreme Court Bar Association (SCBA) when SCBA President RS Suri raised some issues concerning the Bar and the Bench.

A person who joined a terrorist organisation and was arrested before the organistation was named as such in the relevant law, cannot be charged under Section 20 of the Unlawful Activities Prevention Act (UAPA), the Bombay High Court has ruled. The decision was rendered by a Bench of Justices Ranjit More and Sadhna Jadhav in an appeal by the National investigation Agency (NIA) against Special Judge VV Patil’s order dropping of charges under Section 20 and 38 of the UAPA against ISIS . . . Facebook Comment To read the entire article, get a premium account With a premium account […]

The Hyderabad Bench of the NCLT has, through its written order, made modifications to the (first) resolution plan proposed and admitted under the Insolvency and Bankruptcy Code, 2016. Synergy-Dooray Automative Limited (SDAL), which was the first case to have been filed under the Code, was admitted in January, 2017. The application was filed under Section 10 which allows the corporate debtor itself to invoke the provisions of the Code . . . 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 […]

The Delhi High Court last week delivered a comprehensive judgment which could be treated as a crash course in passing off. The Court restrained a coaching institute from using a mark which was deemed to be dishonestly adopted by it even though they had it registered and directed the institute to pay Rs. 50,000 to the plaintiff coaching centre. The plaintiff Turning Point Institute Private Limited had approached the Court praying for an interim injunction against . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year of unrestrcited […]

An Insolvency Practitioners Bar Association (IPBA) has been formed and registered as a society under the Societies Registration Act, 1860. The Association has been formed by various professionals, including insolvency practitioners, chartered accountants, company secretaries, cost accountants and lawyers, who regularly practice in the company jurisdiction in India. The current executive committee is headed by advocate Sumant Batra, Managing Partner of Kesar Dass B & Associates as the President, advocate GP Madaan, Managing Partner Madaan Law Offices . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year of […]

The Supreme Court today stayed Madras High Court order which had granted interim relief to Karti Chidambaram against Lookout circulars (LOC) issued by the CBI. Chief Justice JS Khehar and Justice DY Chandrachud was hearing a plea filed by the Centre challenging the impugned order of the High Court. Gopal Subramaniam appeared for Karti Chidambaram while ASG Tushar Mehta represented the Central government. The CBI had alleged . . . 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 […]

The Supreme Court today remarked that the challenge to Article 35A should ideally be heard by a 5-judge Constitution Bench. The remark was made by Justice Dipak Misra in a petition contending that Article 35A of the Constitution read with Section 6 of the Constitution of Jammu & Kashmir, related to inheritance of properties by non-permanent residents, violates the fundamental right to equality guaranteed under Article 14. Dr. Charu Wali Khanna, 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, […]

Shanmugham D Jayan is a visiting faculty at National University of Advanced Legal Studies (NUALS) Kochi and Cochin University. He teaches Constitutional Law, Jurisprudence, IT Law and Law of Taxation. He is also a lawyer specialising in taxation and frequents courts and authorities of first instance. An expert in Information Technology Law, he has three publications to his credit. In this free-wheeling chat with Bar & Bench’s Murali Krishnan, Shanmugham speaks on myriad subjects including legal education, quality of the Bar, the judiciary and . . . Facebook Comment To read the entire article, get a premium account With a […]

Owners of liquor shops in Maharashtra have approached the Supreme Court challenging the State government’s decision to declare State roads as Highways without following the procedure mandated under the Bombay Highways Act, 1955. The petition is an appeal against the decision of the Bombay High Court, which had dismissed the challenge. When the matter came up for hearing on Friday before a Bench of Justices Dipak Misra and AM Khanwilkar, the court directed that the matter should be . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year […]

The Supreme Court on Friday lamented at the rise in the number of acid attacks despite amendments to penal laws, noting that acid attack is a gender based violence, and laws and enforcement agencies might not be sufficient to bring down such attacks. A Bench of Justices NV Ramana and PC Pant also stressed the need to have a victim based approach in such cases. The Bench was hearing an appeal filed by the brother of the deceased acid . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One […]

The Supreme Court yesterday constituted a 6-member committee to study the reports filed in the Court relating to Vrindavan widows and  submit a common working plan based on the suggestions made in the reports. The judgment was passed by a Bench of Justices Madan B Lokur and Deepak Gupta in a petition by NGO, Environment and Consumer Protection Foundation. The court in its judgment noted the plight of widows in Vrindavan as described in article ‘

Advocate Dr. LP Mishra has been elected President of the Oudh Bar Association (OBA). Mishra pipped his nearest competitor Anand Mani Tripathi by a whopping 760 votes. Mishra secured 1463 votes, while Tripathi managed to get 703 votes. Advocate OPM Tripathi  has been elected Vice-President Senior, Alok Singh and Syed Mehfuzur Rehman as Vice-Presidents Middle, and Sandeep Kumar Yadav as the Vice-President . . . 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 […]

Yesterday, the Delhi High Court appointed Former Chief Election Commissioner of India SY Quraishi as an Administrator to supervise the affairs of the Archery Association of India (AAI) on a plea by Advocate Rahul Mehra. Standing Counsel for the Delhi Govt, Rahul Mehra, who was the petitioner in-person in the present case, had asked the court to appoint an Administrator/ Returning Officer for compliance of the Court’s own orders wherein it had directed the Union of India to ensure that the . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: […]

J. Sagar Associates Partner Kannan Rahul is all set to join Trilegal as Equity Partner. It is understood that Kannan will be joining Trilegal with some of his team members. According to our sources, the voting process at Trilegal should be completed today. Kannan had joined JSA in 2015 from ICICI Bank. At JSA, he was part of 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 […]

The Madras High Court today held a brief send-off ceremony for Justice Nooty Ramamohana Rao, who will attain superannuation on August 13. The judge had assumed office in the Madras High Court in April 2016, prior to which he had sat in the High Court of Judicature at Hyderabad. The occasion was graced by the presence of sitting High Court judges and members of the Madras bar. A farewell speech was rendered on behalf of the Advocate General . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year […]

The long weekend just got longer for Delhi lawyers (unless you practice in the Supreme Court, of course). The Delhi High Court and district courts in the capital will observe a holiday on August 14 on account of Janmashtami, as per a notification issued by the High Court’s Registrar General. In order to compensate for the same, the second Saturday of September, falling on the 9th, will be a working day. Cases listed for August 14 will be taken up on August 16, a day after Independence Day . . . Facebook Comment To read the entire article, get a […]

A writ petition has been filed in the Madras High Court, seeking its intervention to direct the state government to set up online RTI portals in respect of all government departments. The petitioner, one Mohamed Khader Meeran, represented by Advocate Fathima Sulthana, has submitted that the Right to Information Act, 2005 contains provisions for the creation of online RTI portals. However, no state, with the exception of Maharashtra, has undertaken initiatives to provide such online services. It has also . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One […]

Bajaj Finance is picking up nearly 11 per cent stake in mobile wallet company Mobikwik for about Rs 225 crore. Shardul Amarchand Mangaldas advised Mobikwik with a team led by Partners Amit Khansaheb and Rishi Jain along with Senior Associate Tejas Patel and Associate Vidushi Gupta. Chitale Law Associates acted  for Bajaj Finance Limited. AZB & Partners represented Treeline and Cisco, the existing investors while Themis Associates advised Sequoia.

Soft-Bank, the world’s largest technology investment firm, has bought a fifth of India’s most valuable startup — Flipkart — for a mammoth $2.5 billion, in a deal that marks the biggest private investment in the country’s consumer technology sector, reported ET. AZB & Partners acted for SoftBank and the team was led by Delhi . . . 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 […]

The Madras High Court today passed orders to stay Lookout Circulars (LOCs) issued by the CBI against Karthi Chidambaram and four others in connection with the INX media case in which they have been implicated. The interim order was passed by Justice M Duraiswamy. Senior counsels Gopal Subramanium, Satish Parasaran and R Thiagarajan appeared on behalf of the petitioner, Karthi . . . 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 Securities Appellate Tribunal (SAT) has today, stayed the SEBI order on suspected shell companies, that had put 331 entities under the Stage VI of the Graded Surveillance Measure (GSM). However, the stay order is only limited to the two companies that have appealed. Under stage VI of GSM framework, trading in these identified securities shall be permitted only once a month under trade-to-trade category. Further, any upward price movement in these securities shall not be permitted beyond the last traded . . . Facebook Comment To read the entire article, get a premium account With a premium account you […]

The Chief Secretary of Bihar yesterday appeared in Supreme Court in response to an order summoning him for explaining the delay in prosecuting a litigation. In an SLP filed by State of Bihar against an order of the Patna High Court, a Bench of Justices J Chelameswar and S Abdul Nazeer had berated the Bihar government for what it described as the “whole process of law is being reduced to a mockery”. The matter involved . . . 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 Delhi High Court today granted interim bail to Delhi-based lawyer Rohit Tandon, who was arrested after the Greater Kailash office of his law firm T&T Law was raided post demonetisation. Tandon had been in custody for almost eight months on charges of illegally converting old currency notes in connivance with some bank officials. Old and new currency notes worth Rs. 13.6 crores were seized from the lawyer’s office. Former Attorney General for India . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year of unrestrcited access to […]

The final hearing in the challenge to the process of senior designations filed by Senior Advocate Indira Jaising commenced today in the Supreme Court. The case is being heard by a 3-judge Bench comprising Justices Ranjan Gogoi, Rohinton Nariman and Navin Sinha. Jaising appeared and argued in person today and completed her submissions. Attorney General KK Venugopal, who is assisting the Court in the matter, was on his legs when the Bench rose for the day. Jaising, in her submissions, relied extensively on the results of the survey conducted . . . Facebook Comment To read the entire article, get […]

The central government and the Supreme Court are mulling conferring powers of tribunals upon district judges, reports ET. According to the report, a meeting was recently held wherein top officials from the Prime Minister’s Office, Ministries of Finance and Law, Department of Personnel and Training (DoPT) were in attendance, along with two Supreme Court judges. The primary reason 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 […]

After listing an interlocutory application in a jiffy, the Supreme Court today directed the Kerala police to share details of the investigation of the Hadiya case with the National Investigation Agency (NIA). A Bench of Chief Justice JS Khehar and Justice DY Chandrachud turned down the plea by the counsel for Hadiya’s husband to hear the matter on August 16, when the main . . . 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 Supreme Court today directed the Central Board of Secondary Education (CBSE) to file an affidavit in the case related to the National Eligibility and Entrance Test (NEET), explaining how it proposes to have identical questions papers in all languages. A 3-judge Bench comprising Justices Dipak Misra, Amitava Roy and AM Khanwilkar was hearing a petition filed by NGO Sankalp Charitable Trust. Senior Advocate Indira Jaising, appearing for the petitioner, cited data to show . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year of unrestrcited access to […]