Bar, Bench & Litigation

RaGa chastises govt over pending cases (though it’s not like any government ever gave much love to the courts)

“Legal system collapsing under Pending Cases: Supreme Court 55,000+, High Court 37 Lakh+, Lower Courts 2.6 Crore+. Yet, a staggering 400 High Court and 6,000 Lower Court judges not appointed, while Law Minister preoccupied peddling fake news,” tweeted Congress president Rahul Gandhi over the weekend, according to India Today.

SC again risks showing little subtlety in approach, slaps contempt notice on lawyer Nisha Priya Bhatia

Bhatia has long led a campaign, the facts of which are hard to substantiate, against a former RAW chief for sexual harassment, regularly alleging the complicity of a series of judicial members and many others.

Longread: Why sex with children has been legal in France since the 60s, and why this could change

A fascinating analysis on France’s anomalous position with respect to the age of consent for sex.

The Atlantic reported:

On April 24, 2017, a 28-year-old-man met an 11-year-old girl in a park in Montmagny, just north of Pa

SC gets involved in Jay Shah vs The Wire in Guj HC

Outlook reported:The Supreme Court on Thursday directed the trial court in Gujarat not to proceed with defamation case filed by Bharatiya Janta Party (BJP) president Amit Shah’s son Jay Shah against news website The Wire for its report.

UPDATE: Did you know 3rd party lit funding is actually permitted in India? • SC very quietly opened door to 3rd-party lit funding in foreign law firms judgment

The Supreme Court has today, very softly in paragraph 35 out of 46 in its judgment that allowed foreign lawyers limited rights to fly-into India, opened the door to third-party litigation funding.

Anyone surprised? SC again extends Aadhaar-linking deadline, this time indefinitely

The Hindu reported:

The Supreme Court on March 13 indefinitely extended the deadline for linking Aadhaar with mobile phones, tatkal passports and for opening bank accounts from March 31, 2018 till the Constitution Bench led by C

HC orders Delhi authority PSU to pay Rs 10 lakh for deaths of manual scavengers in sewers

The Hindu reported:

SC legalises euthanasia: Allows living will to withdraw future life support

Firstpost reported:

Supreme Court legalises passive euthanasia: Dignity in death is a facet of Right to Live, rules five-judge bench

In a landmark ruling, Supreme Court recognised the right to die with dignity and l

Too much Arnab only? Vijay Aggarwal not clear on ‘facts’ of Nirav Modi case, complains HC

Advocate Vijay Aggarwal, lawyer to fraud-accused billionaire diamantaire Nirav Modi was unclear about the facts of the case against Modi declared the Delhi high court yesterday while hearing a plea filed by Modi’s firm against the Enforcement Directorate (ED), reported the Times of India.

Another NLU first: NLS ‘97 grad Vikramjit Banerjee youngest new ASGs to SC with Aman Lekhi, Sandeep Sethi

NLSIU Bangalore 1997 graduate and Nagaland’s advocate general and senior counsel Vikramjit Banerjee, is the youngest in the batch of three new additional solicitors general (ASG) who has been appointed at the Supreme Court. He is also the first NLU graduate to make it to the post of ASG.

Despite BCI’s protestations, Delhi HC stays its ordering Guj disciplinary proceedings against Dushyant Dave

Senior advocate Arvind Nigam won temporary relief for Dushyant Dave who was to face disciplinary proceedings before the Gujarat bar council (SBC) for his alleged remarks before the Supreme Court in the judge BH Loya death case, reported PTI and others.

Specialist water lawyer Mohan Katarki talks Cauvery

The Hindu Centre for Politics and Public Policy reported:Supreme Court has differed from the Cauvery Tribunal on fundamental issues: Mohan Katarki | The Hindu Centre for Politics and Public Policy

7 years late, Delhi HC finally cancels IIPM injunction SLAPed on Caravan

Took long enough after publication of the original Caravan article, and yet again proves that strategic litigation against public participation (SLAPP) can be quite effective at stifling or at least significantly delaying dissent…

Live Law

Loya hearings tabled till 5 March, SC judges have to reassure that treating case seriously

Scroll.in reported:

Judge Loya death: SC adjourns case to March 5, says it is treating case seriously

The Supreme Court on Monday adjourned the hearing in the case related to the death of special Central Bureau of I

Lower judiciary has 28% female judges, Bihar as few as 1 in 10, reveals study

Female judges make up less than 28% of the lower judiciary, according to the Vidhi Centre for Legal Policy’s study on gender diversity in the lower judiciary.

Madras HC judge condemns state of profession as finds ill-qualified lawyers campaigning for bar council posts

The Madras high court remarked that the legal profession was in “worst condition” as advocates who were not even secondary school graduates were contesting elections with the alleged support of retired judges and bureaucrats, reported Scroll and others.

Unprecedented crisis sparks luminary press for lawyers to take judicial appointments mandate away from judiciary

Senior advocate JP Cama called for a mandamus to bulldoze the process of judicial appointments and prevent judicial vacancy of nearly 45% at the Supreme Court, which is expected in the next 11 months.

SC petition to ban legislators from law practice, after BCI committee recommends not interfering

After a Bar Council of India (BCI) committee decided 3 to 1 against banning legislators from practising as lawyers (which would have probably disproportionately affected the Congress party), BCI chairman Manan Kumar Mishra said that the BCI would

Ex-AGs, Udaya Holla, other Bangalore advocates go on hunger strike

The lawyers protesting against alleged ‘stepmotherly’ treatment of the Karnataka high court bench, and appointments to it, include “Advocates Generals of the state BV Acharya, Ravivarma Kumar, Udaya Holla and Ashok Haranahalli, co-chairman of Bar

T&T Law’s Rohit Tandon completes year in jail, sessions court rejects fresh bail application

T&T Law founder Rohit Tandon was denied bail yet again as sessions court noted that he would likely influence witnesses in the money laundering case against him if released on bail, reported the Daily Pioneer and others. Delhi additional sessions judge Ajay Kumar Kuhar dismissed Tandon’s fresh ...