Bar, Bench & Litigation

70% retired SC judges as of Feb ‘16 already in quasi-judicial & other posts

70 out of the 100 Supreme Court judges, who retired as on 12 February 2016, took up post-retirement jobs with various permanent and ad hoc bodies and committees, with the greatest number taking up quasi-judicial posts, according to data collected by the Vidhi Centre for Legal Policy.

Advocates Act amendment ‘next session’, says BCI chair, as gag order shrouds reform talks in secrecy

The Bar Council of India (BCI) talks to come up with a new proposal to reform its regulation of the legal profession, have been shrouded in secrecy due to a media gag order since October.

Aggarwala pitches to postpone scba polls to Jan, for ‘fairness’ to 900 deleted voters

The Supreme Court Bar Association (SCBA) elections may be postponed to January, out of fairness to the SC advocates whose names were removed without proper notice from the SCBA voter list, if the election committee agrees to the request of presidential candidate Adish Aggarwala.

SC directs ‘for love of motherland’: Stop ‘wallowing’ in freedom, you must stand, all cinemas must play national anthem to instil ‘patriotism, nationalism’ [READ JUDGMENT]

A bench of justices Dipak Misra and Amitava Roy ordered that in line with states such as Maharashtra, all cinema halls in India must play the national anthem before movie screenings in order to “instill a sense of committed patriotism and nationalism” in citizens.

History repeating: BCI knocks own website offline after (again) forgetting to renew BarCouncilofIndia.org [UPDATE]

The official website of the Bar Council of India (BCI) at www.barcouncilofindia.org has gone offline, after its domain name apparently expired on Saturday 26 November.

18 lawyers with foreign degrees pay BCI $32,000, wait 14 weeks for exam results

The Bar Council of India (BCI) took almost four months before passing 15 Indians holding foreign law degrees, who took the BCI’s qualifying exam that is a prerequisite to transfer their qualification to India, after having charged the candidates at least $32,000 (around Rs 22 lakhs) to sit the exam.

End to EBC-Lexis Nexis Saga with Khimani & Associates in SC

“On Wednesday, a Supreme Court bench of Justices Ranjan Gogoi and N V Ramana ruled that no one could have copyright over judgments delivered by the apex court. It could be reproduced in its raw form by anyone without the risk of being accused of infringing copyright, the bench said, settling a long-standing dispute,” reported the Times of India.

Kirti Uppal credits young lawyers for DHCBA election win • to focus on demonetisation woes first

Delhi High Court Bar Association (DHCBA) president Kirti Uppal, who defeated incumbent president Rajiv Khosla in this year’s DHCBA polls by almost 300 votes, said his vote bank was comprised mostly of first generation lawyers with a practicing experience of five to seven years.

7th Gujarat HC judge in 2 years ‘painfully’ recuses self in massacre case

The Indian Express reported that Justice Akil Kureshi had recused himself, following the recusals of Justices M R Shah, Anant Dave, R H Shukla, Sonia Gokani, G B Shah and K S Jhaveri in the appeals of 2002-Naroda Patiya massacre convicts, including ex-BJP minister Maya Kodnani. Kureshi had recused himself after advocate BB Naik, who is related to the judge, had joined the case, though Naik said that he had filed his vakalatnama a long time ago:

DHCBA election surprise: Rajiv Khosla loses presidency to Kirti Uppal

Kirti Uppal has defeated incumbent Delhi High Court Bar Association (DHCBA) president Rajiv Khosla by nearly 300 votes in yesterday’s elections.

Visually challenged IDIA grad, who was stopped from becoming a judge, wins big in HC

Arepalli Naga Babu - a former Increasing Diversity by Increasing Access (IDIA) scholar and 2016-graduate of NLU Odisha - has won the right to take a judicial services exam with additional time to compensate for his disability, after initially having been denied to even sit for the exam in the first place.

K’taka spent Rs 37+ cr on water-related lawyers in 26 years, with Divan & Fali billing Rs 22 cr alone

According to a Right to Information (RTI) response received and reported by Bar & Bench, between 1990 and 2016, the Karnataka Water Resources Department has spent at least Rs 37.5 crore on around 20 lawyers representing it in disputes such as the Cauvery battle, of which 91% (or Rs 34.22 crore) were billed by five senior lawyers alone.

RamJet: Freezing Rs 500-1000 notes is ‘good news’ but not enough to tackle ‘monstrous’ black money crimes of the past

Senior counsel and parliamentarian Ram Jethmalani, who’s been waging a war with the governing party after falling out over the issue of black money, wrote in a blog post that the demonetisation of Rs 500 and Rs 1,000 notes is “some good news in the matter of black money recovery”, although it was primarily a “cover up operation” by the government.

A Nilekani-funded Wikipedia for Indian laws hopes to translate complex justice to laypeople

An initiative funded and conceived by Rohini Nilekani, the wife of Infosys co-founder Nandan Nilekani, and incubated by the Vidhi Centre for Legal Policy, where she is a patron, seeks to explain all Indian laws and legal problems in easy-to-understand English.

‘My Lord!’ • BCI chairman Mishra threatens strikes in letter to ‘beloved Narendra Modiji’, ‘our guardian, our guide’, ‘most efficient & able leader’

Senior counsel and Bar Council of India (BCI) chairman Manan Kumar Mishra has sent a letter to prime minister Narendra Modi, copying in the finance, law and commerce ministers, pleading with Modi to not challenge the BCI’s role in regulating the legal profession and the entry of foreign law firms and to bring the BCI back to the negotiating table about the future of the profession.

Rodney Ryder's Scriboard secures msdhoni.com for MS Dhoni, in WIPO

Indian national cricket team captain Mahendra Singh Dhoni and his trademark management firm Rhiti Sports Management secured the domain name www.msdhoni.com in a favourable trademark and personality rights infringement order against David Hanley of New York, who was squatting on the domain name.

Government not really bothered about CLAT either way, it tells SC

The Common Law Admission Test (CLAT) is of no interest to the government, submitted the Ministry of Human Resource Development (MHRD) in the Supreme Court yesterday, in response to Shamnad Basheer’s challenge to the conduct of CLAT by national law universities (NLUs).

Implementing BCI age limit, Clat committee bans 21 year olds

The Common Law Admission Test (CLAT) core committee decided to bar candidates above the age of 20 years from appearing in the CLAT, 2017 onward, following the Bar Council of India’s (BCI) September 2016 circular to law schools reinstating the age bar for the LLB degree in India.

ICCA seeks to rescue liberalisation talks with 8-week roadmap to hammer things out • Responds to BCI slights

ICCA proposal of a 8-week, 8-meeting roadmap to hammer out liberalisation
ICCA proposal of a 8-week, 8-meeting roadmap to hammer out liberalisation
The Indian Corporate Counsels Association (ICCA) has proposed eight weekly meetings between various stakeholders in the legal services liberalisation discussion, in order to prepare a status report on the points of consensus and disagreement between them.

Under LawCom pressure, BCI drafts huge Bill to regulate deeper, harder, stronger with dominion over bar associations, youngsters, law firms

As SC pushes for rethinking BCI's role, BCI seizes day to float reforms, increase control over profession
As SC pushes for rethinking BCI's role, BCI seizes day to float reforms, increase control over profession
The Bar Council of India (BCI) has proposed to tighten its control over the legal profession by assuming more than a dozen new functions, statutorily recognising bar associations, formulating new governing rules for law firms and foreign lawyers, and enacting more stringent standards of professional qualification and conduct.