Bar, Bench & Litigation

BCI gets stuck into SC rebellion: 7 BCI members will talk to junior SC judges • NaMo staffer refused entry to CJI house

The points raised by judges number 2-5 of the apex court on Friday were extremely important and were a threat to democracy, which should not be politicised by either party (which is presumably directed mostly at the non-BJP parties), said Bar Council of India (BCI) chairman Manan Kumar Mishra.

Shooting the messenger: UIDAI files FIR against reporter who exposed lax Aadhaar security

The Indian Express has reported that a Unique Identification Authority of India (UIDAI) deputy director has filed an FIR against Tribune reporter Rachna Khaira, who had reported on the sale of administrator usernames and passwords to websites having full access to the Aadhaar database for Rs 500 last week.

Lawyer warns WhatsApp of prosecution if 'offensive' middle-finger emoticon not removed

An advocate Gurmeet Singh has sent a legal notice to instant message application WhatsApp asking it to remove the ‘middle finger’ emoticon from its list of emoticons in 15 days while WhatsApp has responded that it wouldn’t alter its emoticon list, reported Live Law.

No 2G scam: As CBI court acquits all accused, Etisalat lawyer Vijay Sondhi predicts appeal is all but certain

Senior advocate Kapil Sibal declared to the media that he had been proven right by the CBI court that acquitted all of the accused in the 2G Spectrum case yesterday after six years since the case was filed, reported The Wire.

First jailed sitting HC judge CS Karnan completes 6-month prison sentence, released today

Former Calcutta high court justice CS Karnan, the first sitting high court judge to be jailed, finished his six month prison sentence today in Kolkata’s presidency prison and was released today, reported the Express.

Defending rape ‘all about jugaad’ and ‘bribes’, explains anon lawyer in article about the hardest jobs in litigation

Snigdha Poonam in the The Hindustan Times reported on the ethical and legal dilemmas faced by lawyers defending those laccused of rape in this excellent read, which also includes this interesting passage on corruption in courts:

Kerala HC upholds school students’ suspension for reportedly consensual hug

The Kerala High Court has upheld a Thiruvananthapuram school’s decision to suspend two Class XII students — a boy and a girl — on charges of public display of affection by hugging during a school festival. The bench of Justice Shaji P Chaly quashed the Kerala State Commission for Protection of Child Rights’ order asking St Thomas Central School, a CBSE school in the state capital, to take back the two suspended students. The school management, Mar Thoma Church, had moved the court against the child rights panel. […]

Clueless Trump judicial nominee flunks basic legal knowledge, withdraws: Could a similar judicial appointments process be a good idea in India?

A video of Donald Trump’s nominee for US federal court judgeship getting grilled by a Republican senator, who is an ex-law professor, and failing to answer basic question of law has gone viral, resulting in Matthew Peterson withdrawing his name from contention . See the rather amusing video below, v...

A 1st, 2nd & 3rd in judgeships: Collegium tips Dua partner Senthilkumar Ramamoorthy, NLS grads Chinnadorai Saravanan, Sunil Dutt Yadav for elevation [UPDATE-1]

The Supreme Court collegium has recommended to the Madras high court bench who would probably be the first of a modern Indian law firm’s partners, as well as the second-ever NLSIU Bangalore graduate.

Lawyer aggregator websites ban? Of fake news & the perennial confusion around whether lawyers can (and do) advertise

Indian lawyers listing their profiles on a number of websites, apps and aggregators are guilty of “surrogate advertising”, Bhasin & Co managing partner Lalit Bhasin told the Hindustan Times in an article headlined “Law firms’ body seeks ban on apps, websites offering legal services”, with a nutgraf of “The Bar Council says the practice is equivalent to surrogate advertising”.

Ex-LCIA India registrar Ajay Thomas joins ICC India arbitration group as vice-chair, alongside Ciccu

Following the London Court of International Arbitration (LCIA) India shutting its India operations in April 2016, its former registrar Ajay Thomas has moved to LCIA rival, the International Chamber of Commerce (ICC) International Court of Arbitration (ICA) in a part-time role.

Delhi HC to (again) consider video recording in courts, as petitioner Deepak Khosla says he will not pay Rs 20,000 costs in previous order

The Delhi high court has agreed to hear advocate _Deepak Khosla_’s appeal for video recording of all court proceedings in the high court, after it had initially dismissed the plea in August 2011 and again in July 2017 with Rs 20,000 costs that Khosla said he would not be paying.

Abhishek Manu Singhvi: ‘Concept of peer regulation is a failure’ as seen in BCI, Medical Council

Senior advocate Abhishek Manu Singhvi said at an event as reported by The Hindu that “broadly” the judiciary was “very independent”, though it occasionally submits to political pressure.

Delhi judges condemn strikes but vow to ‘suffer in silence’, as billboard ‘shames’ lawyers who did their duty to represent clients, defied strike

A WhatsApp forward has been going around of a billboard in Tiz Hazari court with pictures of more than 40 lawyers who had allegedly appeared in court on Thursday and Friday (11 and 12 October) in defiance of Delhi bar associations’ call for a lawyers’ strike in the national capital.

Clients will pay GST on all legal services, the government finally confirms, notifies officially

The tax on all types of legal services provided by all classes of lawyers will be borne by clients, the finance ministry has finally settled in an official notification, as first published by Live Law.

Karanjawala for Ryan murder accused in SC, gets bar associations to back-off from restraining legal representation

“The Supreme Court on Monday criticised the bar association of the Gurgaon district courts for passing a resolution calling upon lawyers to not defend the accused in the murder of a sevenyear-old student at Ryan International School. A three-judge bench, led by Chief Justice Dipak Misra, warned local lawyers against preventing the advocates of the accused from appearing in court and defending them,” reported the Economic Times.

Haryana Judicial Services exam result stayed after leak allegations following accused emerging as exam topper

A judge of the Punjab & Haryana high court stayed the result of the Haryana Judicial Services (HJS) Exam after allegations of cheating against the topper of the exam. Immediately after his order the case was taken away from him, for unexplained reasons, at the request of the recruitment committee of the high court, reported Live Law.

J Dipak Misra makes it to CJI office today, despite opposition from several fronts for more than a year

Justice Dipak Misra took oath today as the 45th Chief Justice of India (CJI), succeeding CJI JS Khehar. Misra’s suitability for India’s highest judicial office was questioned before CJI Khehar and in the media, since last year when his name surfaced in allegations of misrepresentation from 1979.

AOR Nandini Gore points out dirty ladies restrooms in letter to Jharkhand HC CJ

Supreme Court advocate on record (AOR) _ Nandini Gore_ has complained about the state of the ladies restroom in the Jharkhand high court, in a letter to the HC’s chief justice DN Patel, which was followed by a public interest litigation by the HCs bar association citing Gore’s letter, reported The Telegraph.

Delhi HC retires district judge who had granted bail to fraud-accused Unitech promoters

The Delhi high court has asked the lower court judge who had granted bail to Unitech’s promoters in April to retire early effective yesterday.