The Causelist #187: National Court of Appeal, Italian Marines, RamJeth, Odd Even, Cleartrip & more (Evening Updates)

A summary of the important cases from the causelists of the Supreme Court of India, the Bombay High Court, and the Delhi High Court. We will also be tracking the cases involving IP firm Anand & Anand. .LIST OF CASES.Supreme Court of India.V Vasanthakumar v. HC Bhatia and Ors.Maharashtra Cricket Association v. Loksatta Movement And Ors.Centre for Public Interest Litigation v. Housing & Urban Development Corp. Ltd & Ors.Massimilano Latorre And Ors. v. Union Of India And Ors.Ram Jethmalani & Ors. v. Union of India & Ors.Center for Integrity, Governance And Training In Vigilance Administration and Anr. v. Union of India And Ors.Suma Sebastian (Advocate) v. Union of India & Ors.Prasar Bharti v. Board of Control For Cricket In India & Ors.Swaraj Abhiyan v. Union of India and Ors.State of Karnataka v. Selvi J Jayalalitha & Ors.Azad Hawkers Union v. Shri Vile Parle Kelvani Mandal and Ors.Cellular Operators Association Of India And Ors. v. Telecom Regulatory Authority Of India And Ors.State Bank of India And Ors. v. Kingfisher Airlines Ltd. And Ors..Delhi High Court.For Order.Aprajita Kumari & Anr v Joint Director, Enforcement Directorate & Ors..Petition filed by children of Himachal Pradesh Chief Minister Virbhadra Singh seeking quashing of a provisional order of Enforcement Directorate (ED) to attach some of their assets under the Prevention of Money Laundering Act (PMLA). You can read the detailed report here. .Rajiv Khosla v Govt of NCT of Delhi & Ors.Kal Airways Pvt Ltd v Spicejet Ltd & Anr and Kalanithi Maran v Spicejet Ltd & Anr.Manmohan Khanna v High Court of DelhiManish Gupta v Registrar General, Delhi High CourtGovernment of National Capital Territory of Delhi v Union of India, Rajendra Prashad v Govt of NCT of Delhi, MA Usmani v Union of India & Ors, Naresh Kumar v Govt of NCT of Delhi & Ors..IPR Cases [Anand & Anand].Louis Vuitton Malletier Vs Lucky Arora & Ors.MGM Mirage v MG Muthu & Anr.Hermes International & Anr v Sahil Malik & Anr.VR Industries Private Ltd v Mohan Meakin Ltd & Anr..Karnataka High Court.Khaleel Ahmed & Ors. v. State of Karnataka & Ors..Bombay High Court.ClearTrip Pvt Ltd & Ors v The Union of India Through Secretary & OrsAdvertising Agencies Association of India & 9 Ors v. State of MaharashtraRajiv Mohan Mishra v. City Industrial Development CorporationLawrence Chettiar vs The Chief Minister & 12 OrsJuhi Chawla Mehta & 10 Ors. v. Union of India in 7 Ors..SUMMARY OF CASES.Supreme Court of India.1. V Vasanthakumar v. HC Bhatia and Ors..[Item 26 in court 1 – Writ Petition (C) 36/2016].Bench: Chief Justice TS Thakur, R Banumathi, UU Lalit JJ..Petition praying for establishment of National Courts of Appeal at Kolkata, Chennai and Mumbai. The Court had issued notice on February 26 and appointed Senior Advocates KK Venugopal and Salman Khurshid as amicus..The Court had said that it would refer the case to a Constitution Bench. This, despite the Central government’s submission that the establishment of National Court of Appeal was “neither possible nor desirable”..The Court had the asked the Centre and the Amicus Curiae to give their suggestions on the matter so that questions of reference can be framed. The Centre has drafted a detailed response voicing its concerns. You can read Centre’s suggestions here..Today in court: The Centre made it clear that it is opposed to the idea of National Court of Appeal. Read the full story here..2. Maharashtra Cricket Association v. Loksatta Movement And Ors..[Item 27 in court 1 – SLP(C) 11202/2016].Bench: Chief Justice T Thakur, R Banumathi, UU Lalit JJ..Petition by Maharashtra cricket challenging the decision of the Bombay High court to ban IPL matches in Maharashtra. The matter was mentioned last week..Today in court: This case was not taken up today..3. Centre for Public Interest Litigation v. Housing & Urban Development Corp. Ltd & Ors..[Item 8 in court 1 – Writ Petition (C) 573/2003].Bench: Chief Justice TS Thakur, R Banumathi, UU Lalit JJ..This case pertains to bad loans advanced by HUDCO to a few companies. The court had made RBI a party to the case and directed it to provide details of companies who have defaulted on loans of more than 500 crore. When the matter was last heard, the RBI submitted details of the defaulters in a sealed cover with a request that it should not be made public. Senior Advocate Jaideep Gupta, appearing for the RBI, submitted that the disclosure of the same would affect the fiduciary relationship with banks. Gupta also submitted that a lot of decision making happens at the level of individual banks. Advocate Prashant Bhushan, appearing for CPIL, submitted that the stand of RBI goes against the judgment of the Supreme Court itself..The Court proceeded to issue notice Indian Banks Association and Finance Ministry. It has also asked CPIL to submit issues/ suggestions which the court will consider for framing the issues on which final arguments will be held..Today in court: The court today observed that “there is something wrong with the system and asked the government to consider comprehensive reforms..“There is something missing. That is why it is not working”, remarked Chief Justice TS Thakur..The government informed the court that it is working towards amending laws and a code will soon be in place. The case will now be heard on July 19..4. Massimilano Latorre And Ors. v. Union Of India And Ors..[Item 301 in court 2 at 12.30 pm – SLP(C) 20370/2012].Bench: Anil R Dave, Kurian Joseph, Amitava Roy JJ..Case pertaining to Italian marines. Check evening updates..Today in court: The Centre today informed the Court that arbitral tribunal is expected to pronounce its judgment by December 2018. The Court proceeded to extend the time allowed to Massimiliano Latorre to stay in Italy till September 30, 2016..5. Ram Jethmalani & Ors. v. Union of India & Ors..[Item 303 in court 2 – Writ Petition (Civil) 176/2009].Bench: Anil R Dave, Shiva Kirti Singh, AK Goel JJ..The petition filed by the senior counsel on black money. Check evening updates to know more..Today in court: The Supreme Court today asked the Special Investigation Team (SIT) probing the case to investigate the recent scam pertaining to Bank of Baroda branch in Delhi wherein around Rs. 6000 crore was siphoned off abroad on the pretext of fictitious imports. Senior Advocate Dushyant Dave said that the SIT is already seized of the matter..6. Center for Integrity, Governance And Training In Vigilance Administration and Anr. v. Union of India And Ors..[Item 23 in court 3 – Writ Petition (Civil) 683/2014].Bench: JS Khehar, C Nagappan JJ..Petition challenging appointment of KV Chowdary as chief vigilance commissioner and TM Bhasin as vigilance commissioner..Today in court: This case was not taken up today..7. Suma Sebastian (Advocate) v. Union of India & Ors..[Item 29 in court 5 – Writ Petition (Civil) 769/2013].Bench: Jasti Chelameswar, Abhay Manohar Sapre JJ..This is a petition concerning the detention of under-trials. The petitioner has made a number of prayers including release on bail of under trials incarcerated for petty offences and non-heinous crimes, under-trials who have completed a quarter of the maximum possible sentence, and under-trials who are disabled, sick, Dalits, tribals, women with children and first time offenders..Today in court: This case could not be tracked..8. Prasar Bharti v. Board of Control For Cricket In India & Ors. .[Item 19 in court 7 – SLP(C) 4572-4573/2015].Bench: Ranjan Gogoi, PC Pant JJ..An appeal against the Delhi High Court judgment barring Doordarshan from sharing a live feed of World Cup Cricket matches with private cable operators. Read more about the case here. .Today in court: This case could not be tracked. Any update/ information would be appreciated..9. Swaraj Abhiyan v. Union of India and Ors..[Item 1 in court 8 – Writ Petition (Civil) 857/2015].Bench: Madan B lokur, NV Ramana JJ..A petition pertaining to implementation of welfare measures in drought affected States including distribution of food-grains guaranteed under the National Food Security Act and implementation of MNREGA..When the matter was last heard, the Centre had informed the Court that roughly 25 percent of the population have been affected by drought. The Centre also informed Court that farmers in drought affected regions can restructure their loans..Today in court: The Court reserved its judgment in the matter..10. State of Karnataka v. Selvi J Jayalalitha & Ors..[Item 1 in court 10 – SLP (Crl.) 6117-6120/2015].Bench: Pinaki Chandra Ghose, Amitava Roy JJ..The appeal against the judgment of the Karnataka High Court acquitting Tamil Nadu Chief Minister Jayalalithaa in the disproportionate assets case. Senior Advocate Shekhar Naphade is now arguing for the accused..Today in court: Senior Advocate Shekhar Naphade is making his submissions. Hearing will resume tomorrow..11. Azad Hawkers Union v. Shri Vile Parle Kelvani Mandal and Ors..[Item 20 in court 9 – SLP(Civil) 3039/2016].Bench: V Gopala Gowda, Arun Mishra JJ..A challenge to the Bombay High Court’s decision stating that those who prepare and sell food on streets will not fall under the ambit of the Street Vendors Act. Prashant Bhushan appeared for the petitioners, submitting the petitioners are also engaged in vending of food items on the street; the only difference being they make the food there. The fact that they prepare the food there is not a reason to exclude them fro the purview of the Act, he argued. When the matter was heard, the court had adjourned the case after hearing Bhushan..Today in court: This case could not be tracked. Any update/ information would be appreciated..12. Cellular Operators Association Of India And Ors. v. Telecom Regulatory Authority Of India And Ors..[Item 1 in court 11 – SLP(C) 6521/2016].Bench: Kurian Joseph, Rohinton Fali Narman JJ..Plea by cellular operators in the call drops matter. The Supreme Court has issued notice to the Central government and Telecom Regulatory Authority of India (TRAI), among others but refused to stay the judgment of the Delhi High Court..Attorney General Mukul Rohatgi is now arguing the case. He had submitted during the last hearing that 4-5 big players in the telecom industry are not investing any money in improving their network or quality of service despite making crores in a day..Rohatgi also rebutted the submission that shortage of spectrum is the reason for call drops. The hearing will resume today..Today in court: This case could not be tracked. Any update/ information would be appreciated..13. State Bank of India And Ors. v. Kingfisher Airlines Ltd. And Ors..[Item 17 in court 11 at 2 pm – SLP(C) 6828-6831/2016].Bench: Kurian Joseph, Rohinton Nariman JJ..Appeals filed by a consortium of banks against an order of the Karnataka High Court which had turned down a plea to restrain Vijay Mallya from leaving the country. The Consortium had rejected a proposal by Mallya for repayment of the loans. When the matter was last heard, the court had sought Mallya’s response while also asking him to prove his bona fides by depositing an amount with the court..Mallya has also been asked to disclose the details of his assets and assets of his wife and children. Mallya has, however, submitted an affidavit that the banks have no right to know of his overseas assets which is worth Rs. 780 crore. He has stated that he is willing to disclose the same in a sealed cover for the perusal of the court. He has also stated that he is willing to deposit Rs. 1,591 crore with the court..Today in court: The Court today have the details of Mallya’s assets to the banks and also asked Mallya to provide the details of his overseas assets while slamming Mallya for not complying with the Court’s order of April 7..Delhi High Court.1. Rajiv Khosla v Govt of NCT of Delhi & Ors..[Item 66, Court 1- W.P.(C) 3248/2016 at 2.15 pm].Bench- Chief Justice G Rohini, Jayant Nath J..A petition filed by DHCBA President Rajiv Khosla challenging the 2nd phase of Odd-Even Scheme’s applicability to lawyers..Yesterday, the Bench had asked the Government to consider the option of exempting lawyers for the remaining days of the Scheme..Today in Court- The Delhi Government counsel told the Court that keeping in mind the concerns of the Petitioners, the Government will consider granting an exemption to lawyers whenever the next Scheme is put to place. After taking this submission on record, the Bench disposed of the petition..2. Kal Airways Pvt Ltd Vs Spicejet Ltd & Anr and Kalanithi Maran Vs Spicejet Ltd & Anr..[Item 51-52, Court 23- O.M.P.(I) (COMM) 71/2016].Bench- Manmohan Singh J..The share transfer dispute between Kalanithi Maran and SpiceJet Airlines..On the last date of hearing, Counsel for both parties submitted that as per the court’s last order, the board resolution had been passed in favor of Maran and both parties had also made a joint representation to the BSE for resolution of the said dispute..However, BSE had not responded in the specified time frame of two weeks. The Bench had then granted time to BSE to act upon the representation made by both parties..Today in Court- This case was adjourned to May 3..3. Manmohan Khanna v High Court of Delhi.[Item 25-26, Court 6- W.P.(C) 3447/2016].Bench- Sanjiv Khanna & Najmi Waziri JJ..Fresh petitions. Check evening updates..Today in Court- The petitions pertained to discrepancies in the question paper of Delhi Judicial Service Examination 2015. The case will be heard tomorrow..4. Manish Gupta v Registrar General, Delhi High Court.[Item 27, Court 6- W.P.(C) 2104/2016].Bench- Najmi Waziri, Sanjiv Khanna JJ..Petition challenging quashing of the answer key for Delhi Judicial Service Examination of 2015..Today in Court- This case will be heard tomorrow..5. Government of National Capital Territory of Delhi v Union of India, Rajendra Prashad v Govt of NCT of Delhi, MA Usmani v Union of India & Ors, Naresh Kumar v Govt of NCT of Delhi & Ors..[Item 55-67, Court 1].Bench: Chief Justice G Rohini, Jayant Nath J..A batch of petitions questioning the apportionment of powers between the Chief Minister and Lt-Governor..Today in Court- This case will be heard tomorrow..IPR Cases [Anand & Anand].6. Louis Vuitton Malletier Vs Lucky Arora & Ors..[Item 2, Court 24- CS(COMM) 77/2015].Bench- Vipin Sanghi J..Check evening updates..Today in court: This case could not be tracked. Any update/ information would be appreciated..7. MGM Mirage v MG Muthu & Anr..[Item 8-9, Court 22- CS(OS) 1312/2010].Bench- Valmiki Mehta J..Check evening updates..Today in Court- The Counsel informed the Bench that the case had been settled. The Bench has adjourned this case for May 17 to peruse the settlement deed between the parties..8. Hermes International & Anr v Sahil Malik & Anr..[Item 13, Court 22- CS(OS) 1859/2012].Bench- Valmiki Mehta J..Check evening updates..Today in Court- Trademark infringement dispute over the shape and mark of a Birkin handbag. After a lengthy hearing, the Bench adjourned this matter to enable the Plaintiff to produce a compilation of case laws before the Court. The case will now be heard on May 11..9. VR Industries Private Ltd v Mohan Meakin Ltd & Anr..[Item 8, Court 21- CS(OS) 1750/2013].Bench- VK Rao J..Check evening updates..Today in court: This case could not be tracked. Any update/ information would be appreciated..Karnataka High Court.1. Khaleel Ahmed & Ors. v. State of Karnataka & Ors..[Item 10, List 2, Court Hall 2 – WP 27674/2012].Bench – N Kumar, B Veerappa JJ..This matter pertains to the conduct of the Gazetted Probationers Officers examinations held in 1998, 1999 and 2004 by the Karnataka Public Service Commission (KPSC). Due to a combination of malpractices employed in the conduct of the exams, and the KPSC’s botching of the moderation and revaluation process, the matter has found its way before various judicial fora, including the Supreme Court of India, not once, but twice..In February this year, the apex court directed the Karnataka High Court to deal with the writ petitions, and arguments are progressing before the division bench..Today in court: The advocates on either side made their replies today. One of the advocates submitted that the CID report on the malpractices employed in the exams had a number of factual errors..Senior Advocate MB Nargund appeared for the petitioners, while Additional Advocate General Aditya Sondhi, representing the state, was present today. The matter is likely to come to a conclusion tomorrow..Bombay High Court.1. ClearTrip Pvt Ltd & Ors v The Union of India Through Secretary & Ors.[Item 904 Court 31- WP(C)/1088/2016].Bench: SC Dharmadhikari, Shalini Phansalkar Joshi JJ..A petition filed earlier this year by the online travel portal against the possible arrest of its employees. It appears that the petition was moved following the arrest of MakeMyTrip (MMT) officials in Delhi following allegations of tax evasion. The MMT matter is currently being heard by the Delhi High Court. Senior counsel V Sreedharan, briefed by PDS Legal, is appearing for Cleartrip..Today in court: Dharmadhikari J recorded all the submissions made by both parties today, stating that since an enquiry is yet to be conducted in the matter any coercive measures taken will go against the provisions in criminal law..Granting ad-interim protection to employees of Cleartrip from arrest, the judge stated that any such measure will only be warranted if investigation proves charges of service tax evasion. The petition has been disposed off..2. Advertising Agencies Association of India & 9 Ors v. State of Maharashtra.[Item 914 Court 31- NMWST(OS)/17/2016].Bench: SC Dharmadhikari, Shalini Phansalkar Joshi JJ.Check evening updates..Today in court: As the advocate on record for the petitioners did not appear, the bench adjourned the matter..3. Rajiv Mohan Mishra v. City Industrial Development Corporation. .[Item 5 Court 13- PIL(C)/80/2013.Bench: AS Oka, PD Naik JJ.The PIL raises the issue of illegal structures in Digha village in Navi Mumbai and there are around 90 such structures in the area. Regularisation of all these structures is still being contemplated by the state. The division bench had earlier recorded that such a step would set a dangerous precedent..Today in court: The state submitted the draft policy on regularization that has been approved by the state cabinet. Datta Mane, appearing for the petitioner, said that if the draft policy is approved it would result in regularizatrion of more than 2.5 lakh illegal structures which will be disastrous. He placed judgements of both the Bombay High Court and Supreme Court on record and submitted that the said policy is in clear breach of these judgements. He questioned the logic behind the policy saying even illegal structures on government land will be regularized..Oka J has started dictating the order and said that due to paucity of time the order will not be completed today hence the matter will be listed tomorrow at 1 for passing orders. Following has been recorded in the order so far-.According to Section 332 Clause 4 of the said policy, there is a proviso of shifting the land reserved for RG’s (Recreation Ground), playgrounds, parks, hospitals, schools etc. This is in clear breach of an earlier judgement of a division bench headed by former Chief Mohit Shah and also a Supreme Court judgement in Dipak Mukherjee v. Kolkata Municipal Corporation.There is no impact asessment study done by the state, regarding the burden on civic amenities once such large scale regularization takes place.If such a blanket policy is implemented, it will mean people will construct illegal structures first then apply for regularization..4. Lawrence Chettiar vs The Chief Minister & 12 Ors..[Item 21 Court 13- PIL(OS)/83/2015].Bench: AS Oka, PD Naik JJ.Check evening updates..Today in court: This matter was adjourned as the advocate for the petitioner was not present..5. Juhi Chawla Mehta & 10 Ors. v. Union of India in 7 Ors..[Item 23 Court 13- PIL(OS)/97/2015].Bench: AS Oka, PD Naik JJ.Petitioner Juhi Chawla seeks an embargo on the installation of mobile phone towers in public places due to the harmful radiation emanating. The PIL has been tagged along with several others. Senior counsel Mihir Desai is appearing for Chawla..Today in court: Ad-interim stay on installation of cell phone towers in RG’s and playgrounds will continue. Today all the other petitions clubbed along with this matter have been de-tagged. This matter will now be heard on May 5.