The Supreme Court today pulled up the Delhi High Court for failing to furnish details on civil suits pending in the High Court for more than ten years. A Bench of Justices Ranjan Gogoi and R Banumathi quizzed the Registrar General of the Delhi High Court, who was not able to provide certain details. The case, a suo motu petition initiated by the Supreme Court to work out a mechanism to dispose of long pending . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year of unrestrcited access […]

A Constitution Bench of the Supreme Court will hear the Aadhaar case tomorrow at 2 pm to decide on interim relief. Lawyers for the petitioners mentioned the matter today, at which point Chief Justice of India Dipak Misra revealed that the Bench will be constituted to hear the case at 2 pm tomorrow. Numerous petitions have been filed challenging primarily the Centre’s push to make Aadhaar mandatory for a host of services. This, the petitioners claim, is in violation of a Supreme Court order passed in August 2015 clearly stating that Aadhaar cannot . . . Facebook Comment To read […]

Pursuant to the Supreme Court’s order in a petition filed by Ashwini Kumar Upadhyay, the Central government is in the process of setting up Special Courts to dispose of criminal cases pending against politicians. In an affidavit filed in the Supreme Court yesterday, the Centre has proposed a Scheme for the same, by which twelve Special Courts will be set up to decide the cases within a period of one year. This Scheme, as the affidavit mentions, is subject to tweaks, after consultation with . . . Facebook Comment To read the entire article, get a premium account With a […]

Google has picked up a significant minority stake in hyper-local concierge and delivery player Dunzo, its first direct investment in an Indian startup. Google led a $12-million investment in the Bengaluru-based startup which also saw participation of early backers Aspada Investments and Blume Ventures, reported ET. AZB . . . 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 today made some strong remarks with regard to last week’s order of the National Company Law Tribunal (NCLT) that had allowed the Ministry of Corporate Affairs (MCA) to appoint ten nominee directors to take over the management of Unitech Ltd. Chief Justice of India Dipak Misra remarked in today’s hearing, “Leave should have been taken from us. The manner . . . 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 […]

The Supreme Court today issued notice to State of Kerala in a contempt petition filed by victims of the insecticide, Endosulfan. A Bench of Chief Justice of India, Dipak Misra and Justices AM Khanwilkar and DY Chandrachud issued notice to the Kerala government. In the petition drawn by advocates Kaleeswaram Raj, Thulasi K Raj and Aruna A and filed through advocate Suvidutt MS, the petitioners have questioned . . . 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 […]

Justice N Kirubakaran of the Madras High Court has proposed a series of preconditions to be satisfied before prospective candidates are accepted for contesting Bar Council elections. Inter alia, the Court has recommended that the authorities reject those candidates with serious and pending criminal cases against them, those who fail to meet the educational standards under the  Legal Education Rules, 2008, and those with political affiliations. The order adds to a host of recommendations that the Court . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year of […]

The Supreme Court today dismissed a challenge to the Punjab & Haryana High Court’s order granting anticipatory bail to the owners of Ryan International School. The Bench of Justices RK Agrawal and AM Sapre pronounced its order today in an appeal filed by Barun Chandra Thakur. The Court had reserved judgment on December 7. Appearing for the owners of Ryan International School, a team from

The tenures of retiring members NCDRC and Central Administrative Tribunal (CAT) have been extended till April 15 on ad-hoc basis. A Bench headed by Chief Justice of India, Dipak Misra passed the order recording the submission of Attorney General KK Venugopal to that effect. Venugopal submitted that members retiring between December 2017 and March 2018 could be extended as the appointment process might take some time. The Court agreed to the same . . . 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, […]

The Delhi High Court recently came down heavily on the Institute of Human Behaviour and Allied Sciences (IHBAS) and Metropolitan Magistrates for acting in contravention of the Mental Health Act. The Court was hearing a writ alleging the illegal detention of one Ram Kumar. The petition was filed by Kumar’s son Ravinder, through Advocates Akhil Sharma and Isha Aggarwal. Kumar, who is 72 years old, had been defending a claim petition before the Motor Accidents Claim . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year of unrestrcited […]

Justice Valmki J Mehta of the Delhi High Court has declined to waive costs of Rs 50,000 imposed on the officers of the Rajya Sabha, while dismissing a regular second appeal made by it in a civil case. By an order dated August 3 this year, Mehta J had imposed costs of Rs. 1 lakh after it was found that the Rajya Sabha Secretariat had abused the process of . . . 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 yesterday issued notice to the Law Ministry in a plea seeking a direction to make accurate and reasonably priced legal publications readily available to the general public. The petition, filed by Advocate Arpit Bhargava, claims that the government’s unwillingness or inability to provide affordable, accurate and freely available hard bound copies of Central Enactments, Rules and Notifications is violative of the fundamental right under Article 19(1)(a) of the Constitution. It is stated . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year of unrestrcited […]

The Karnataka High Court yesterday passed an interim order directing the state education department not to insist on Aadhaar for registration for the state board exam. A petition was filed on behalf of a Class X student seeking to register for the SSLC examination scheduled to be held in April 2018. Pursuant to a circular passed by the Secondary Education Board of Karnataka, the online registration form for the SSLC exam contained a field, which required the candidate’s Aadhaar number to be entered in.

The much awaited legal challenge to the recent Insolvency Ordinance is now underway in the form of a Writ petition, before the Punjab and Haryana High Court, triggered by RMS Pvt. Ltd. Last week, the Government adopted the Ordinance route to bar promoters who have defaulted on loans and interests, whose accounts have been classified as non-performing assets and wilful defaulters. The Ordinance essentially bars Promoters from bidding for their assets until they clear their dues . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year of unrestrcited […]

Hours after the Principal Bench of the National Company Law Tribunal (NCLT) in Delhi okayed a government move to place control of Unitech in the hands of ten Nominee Directors, the company hit back. However, the Bench refused to keep its order passed earlier today in abeyance, further observing that there are larger issues involving irregularities on the part of the company. The Bench headed by Justice MM Kumar had . . . 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 Madras High Court has granted an interim stay on the recent directive of the Registrar, National Company Law Tribunal (NCLT) making it mandatory for the President, Members and appearing lawyers to wear the gown worn by Advocates in the Tribunal. A Division Bench of Justices TS Sivagnanam and K Ravichandrababu allowed a prayer for interim stay made by petitioner Advocate R Rajesh. Senior Advocate Arvindh Pandian . . . 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 asked the Central government to respond on whether the tenures of adjudicators at the National Consumer Disputes Redressal Commission (NCDRC) and Central Administrative Tribunal (CAT) can be extended for three months. A Bench headed by Chief Justice of India Dipak Misra and Justices AM Khanwilkar and DY Chandrachud posed the question to Attorney General KK Venugopal during the hearing of the petitions challenging various provisions of the Finance Act relating to tribunals.

The Principal Bench of the National Company Law Tribunal (NCLT) today allowed the Ministry of Corporate Affairs (MCA) to appoint ten nominee directors to take over the management of Unitech Ltd. However, the appointment of nominee directors will be subject to the directions of the Tribunal. The Bench has further barred current Unitech directors from alienating or mortgaging their personal assets. The Central Government, through the MCA, has applied to the Principal Bench of NCLT under provisions of the Companies Act . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: […]

In a major development today, the Supreme Court issued notice to the Central government in a petition challenging the Constitutionality of Section 497 of the Indian Penal Code, which deals with the offence of adultery. A Bench headed by Chief Justice of India Dipak Misra and Justices AM Khanwilkar and DY Chandrachud issued notice in the petition filed by one Joseph Shine. Advocate Kaleeswaram Raj, along with advocate Suvidutt Sundaram, appeared . . . 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 […]

The Delhi High Court on Wednesday issued notice to the Directorate General of Civil Aviation (DGCA) in a plea alleging compromise of flyers’ safety by the aviation regulator by allowing  fatigued pilots to operate. The petitioner, Advocate Yeshwant Shenoy, alleged that the DGCA has approved ‘variations’ with regard to Flight Duty Time Limitations (FDTL) to several Air Operators in violation of the Civil Aviation Requirements (CARs) regarding Air Safety. It was stated that, “DGCA deliberately . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year of unrestrcited access […]

Aditya AK and Chandan Goswami The Supreme Court has held that the rent recovered from a tenant under the provisions of the New Delhi Municipal Council (NDMC) Act cannot be considered as part of the rent for the purpose of seeking eviction of the tenant. The judgment was delivered by a Bench of Justices J Chelameswar and Abdul Nazeer, which addressed an important question of law as to whether property tax recoverable from the tenant under Section 67(3) of the . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One […]

The tussle between the Bar and the Bench at Supreme Court came to fore yet again today as Chief Justice of India Dipak Misra took strong objection to the conduct of certain Senior Counsel raising their voices and browbeating judges. Misra J made some strong remarks in an oblique reference to the recent episodes in Ram Mandir – Babri Masjid case and other matters.

The Supreme Court today agreed to list the case relating to Aadhaar for interim relief. The matter was mentioned by the petitioners before the Bench headed by Chief Justice of India, Dipak Misra seeking listing of the matter. Attorney General KK Venugopal, representing the Central government, told the Court that the Centre will issue a notification tomorrow extending deadline for linking Aadhaar with various schemes for those who are yet to procure Aadhaar. However, Senior Advocate Shyam Divan objected to it saying that the deadline should be extended even for . . . Facebook Comment To read the entire article, get a […]

In a recent order, the Calcutta High Court has proposed certain rules to be followed to ensure the attendance of public servants when summoned by the Court. The guidelines were issued after Justice Joymalya Bagchi noted that, “It is matter of grave concern that public servants, although in service, cannot be traced out by the Investigating Agencies for service of witness summons for deposing in criminal trials … … To depose in . . . 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, […]

The Central Bureau of Investigation (CBI) has tendered an unconditional apology to the Chief Justice of the Orissa High Court Vineet Saran and Justice CR Dash. The apology came in connection with an incident that took place in September, when the CBI mistakenly tried to raid the house of sitting High Court judge Justice CR Dash. The bureau’s gaffe raised a lot of questions on the way . . . 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 […]

The Calcutta High Court has issued a slew of directions to be followed during the investigation and trial of cases involving the murder or rape of minor children and other vulnerable persons. A Division Bench comprising Joymalya Bagchi and Rajarshi Bharadwaj felt that such intervention was imperative after observing serious lapses on the part of the prosecution during the conduct of a case involving the rape and murder of a minor girl. In December 2013, the dead . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year of unrestrcited […]

The state governments of Telangana and Andhra Pradesh have been directed  by the High Court to file comprehensive affidavits on artificial ripening of fruits. A Division Bench of the Telangana and Andhra Pradesh High Court expressed concern over the use of the carcinogenic chemical Calcium Carbide, which is widely used by wholesalers to ripen fruit. The Bench of Acting Chief Justice Ramesh Ranganathan and Justice G Shyam Prasad had taken suo motu cognizance of news . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year of unrestrcited access to […]

The Bombay High Court today ruled that all provisions of the Real Estate (Regulation and Development) Act, 2016 were constitutional and valid. A Division Bench of Justices Naresh Patil and Rajesh Ketkar rejected multiple petitions filed by builders and developers that challenged the validity of some of the sections of the Act. The builders had challenged Section 18 of the Act, under which they will have to return monies received with interest, if they fail to hand . . . Facebook Comment To read the entire article, get a premium account With a premium account you get: One year of unrestrcited […]

In a rather bizarre order passed on December 1, the Supreme Court has directed one Rajpal, wife of Harjinder, to “behave herself properly” and “look after” her husband and the husband’s aged mother. The order was passed by Justices Kurian Joseph and Deepak Gupta in appeal filed by the husband Harjinder Singh against a judgment of the Punjab & Haryana High Court in a divorce case. The Supreme Court in its order . . . 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, […]

Why shouldn’t the Goondas Act be amended so as to allow detention of corrupt public officials? In an order smacking of exasperation at the rampant and continuing corruption in government departments, particularly in registration departments, Justice N Kirubakaran of the Madras High Court has directed the state to seriously consider the above question. The order follows strong observations made last month in this regard by Justice Kirubakaran. While . . . 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 […]