Bar, Bench & Litigation

DSK Legal powers PTC India’s Del HC win V JVPL

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DSK Legal won in the Delhi high court for power trading solutions provider PTC India in its petition challenging an arbitral award in favor of infrastructure conglomerate Jaypee group’s power company Jaiprakash Power Ventures (JPVL) which was represented by senior advocate Shanti Bhushan, on 15 May 2012.

AORs to blackball Abhishek Manu Singhvi SC practice over scandal

Shelved
Shelved
The Supreme Court Advocates on Record Association (SCAORA) has requested advocates-on-record (AORs) to blacklist senior counsel Abhishek Manu Singhvi on Wednesday, after the politician’s involvement in a “disquieting … incident”.

Breaking: Luthra wins SC reprieve for Bazee/eBay, director in DPS MMS scandal [Update: Download order]

Vijay Sondhi
Vijay Sondhi
Luthra & Luthra’s Delhi office won in the Supreme Court today for Indian B2C portal Ebay and its managing director Avnish Bajaj, in the case of eBay v State and Avnish Bajaj v State.

Advocate-on-record (AOR) exams ditch accounts section, killed by PCs and CAs

AoRs are lawyers!
AoRs are lawyers!
The Supreme Court has removed the section on elementary principles of bookkeeping from its syllabus for this year’s advocates-on-record (AoR) examination which will be conducted from 4 to 7 June 2012.

New BCI chair Mishra vows to start compulsory training, lawyer insurance, continue HRD fight

Mishra: Takes the chair today
Mishra: Takes the chair today
Senior advocate Manan Kumar Mishra, Bihar State Bar Council’s representative to the Bar Council of India (BCI), unanimously won this year’s election for BCI chairman on 15 April and took charge with effect from today.

Delhi HC bans publication of purported Abhishek Manu Singhvi sex tape

Alleged Sex, alleged Lies, alleged video CDs
Alleged Sex, alleged Lies, alleged video CDs
The Delhi High Court has ex parte ordered three media houses against publishing a digital video allegedly depicting “sexual acts” of senior advocate and Congress spokesperson Abhishek Manu Singhvi, which the politician alleges is fake and an attempt by his former driver at extortion.

Delhi HC judges’ exam results nullified by Delhi HC in successful candidate writ

Gavel
Gavel
The result of the Delhi Judicial Service (preliminary) exam 2011 was rescinded for 6974 candidates who did not qualify for the main exam after a Delhi high court division bench ruled against the Delhi high court registrar general in a writ petition by aggrieved examinees.

Outgoing BCI chair Parija says 100 more law schools been shut, young lawyers trained

Ashok Parija
Ashok Parija
Exclusive: The Bar Council of India (BCI) is set to get a new chairman, as current chair Ashok Parija has said that he would not run for a second term in the 16 April elections, as Parija said that the BCI closed 100 colleges since former chairman Gopal Subramanium’s tenure and that it would publish its meeting minutes again.

SC upholds Right to Education Act [Download epic 36,000-word judgment]

Right to school
Right to school
The Supreme Court struck down the challenge of private schools to the Right to Education Act (RTE) 2010, upholding its constitutional validity through a majority of chief justice SH Kapadia and Justice Swatanter Kumar.

PCI Katju bats for media, to challenge HC ban on troop move reports, stands by ‘responsible’ Express

Katju
Katju
Justice Markandey Katju, chairman of the Press Council of India (PCI), said that the PCI would challenge in the Supreme Court the Allahabad High Court’s order directing the government to prevent the media reporting troop movements.

Katju also added that that the Indian Express, which had come under fire and faced government denials for its story on army movements near Delhi, could not be faulted for its report.

SC media trial day 5: Shanti Bhushan condemns media regulation [+Exclusive: download Bhushan, Rajeev Dhavan, AG written submissions]

Shanti Bhushan
Shanti Bhushan
Senior counsel Shanti Bhushan submitted to Chief Justice (CJI) Kapadia’s constitutional bench yesterday, that even incorrect statements do not justify restrictions on the media, and even half-truths and misinformation should not warrant punishment for contempt regardless of concern for the reputation of courts.

Litigation is sign of prosperity, not decay, argues India disputes study

LI and Mint, together every fortnight
LI and Mint, together every fortnight
In today’s edition of Mint: A litigious culture does not handicap economic growth, fresh research shows, debunking the widely held view that a high litigation rate creates an environment hostile for business and slows decision-making.

SC arrears and pending cases increased by 10% in 11 months

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The pendency of cases at the Supreme Court of India is within a whisker of 60,000 – a new record - after rising by more than 700 cases in March 2012.

[APRIL FOOLS’ DAY] Breaking: BCI weakens opposition to entry of foreign lawyers, allows firangs lower court practice

BCI gives green light
BCI gives green light
Exclusive [but not true]: The Bar Council of India (BCI) passed a resolution late yesterday to allow English and Singaporean lawyers to practice in district and lower courts, paving the way for an eventual staged entry of foreign law firms into India.

SC media trial day 3: Editors’ counsel Dhavan pitches internal regulation of ‘non-yellow’ media

The Supreme Court was bluntly told on Thursday by senior counsel Rajeev Dhavan that it did not have the power to legislate and curb the press from reporting on court cases. Dhavan appeared on behalf of the Editors Guild, Foundation of Media Professionals and some individual journalists and argued that “internal mechanisms” of the media could resolve the concerns.

Day 2: SC amiable to media, mulls judicial delaying powers for prejudicial publication

Supreme Court filing: Not just for anyone
Supreme Court filing: Not just for anyone
Day two of chief justice SH Kapadia’s constitutional bench hearing of the matter of press freedoms and individual rights saw the debate centered on the introduction of a “test of postponement” which will empower a judge in a criminal trial to prevent its publication if there is an apprehension of prejudice to the accused or any witness.

Seniors shoot down ideas as SC wrestles with press freedom, not Twitter, in Kapadia media watch project, day 1

SC v Media
SC v Media
The Supreme Court’s special constitutional court of five judges headed by Chief Justice of India (CJI) Sarosh Homa Kapadia descended into mixed messages and arguments yesterday as it sat for the first day to decide on new guidelines to regulate reporting of court cases by the media.

Exclusive: Pending DRT cases spike by 70% in 2011 to Rs 1.57 trn amid slowdown, inefficiency

LI and Mint, together every fortnight
LI and Mint, together every fortnight
Mint-LI: The number of pending cases at India’s debt recovery tribunals (DRT) has increased by almost 70% in about a year, with the economic slowdown affecting the repaying capacity of borrowers and thus worsening the asset quality of banks.

Sr adv Aggarwala wins chair in Delhi Bar Council political powerplay vs Khosla, ors

Adish Aggarwala
Adish Aggarwala
Khosla: Requires at least one year
Khosla: Requires at least one year
Exclusive: Senior advocate Dr Adish C Aggarwala was voted in as chairman of the Bar Council of Delhi (DBC), defeating Delhi Bar Association president Rajiv Khosla by 15 out of 25 votes at the Council’s 2012-2014 term committee election held yesterday, with Khosla alleging cartel voting.

Paris ICC Arbitration Court vows to ramp up India as first Indian lawyer joins from US LLM

Bhushan
Bhushan
Exclusive: The Paris-headquartered International Court of Arbitration (ICA) of the International Chambers of Commerce (ICC) has hired its first Indian lawyer in a bid to expand in India by increasing visibility and uptake, despite the remaining problem of judicial interference.