Bar, Bench & Litigation

Unlike Tax Tribunal, National Company Law Tribunal survives SC constitutional bench [READ JUDGMENT]

A Supreme Court five-judge constitution bench headed by Chief Justice of India (CJI) HL Dattu, and justices AK Sikri, Arun Mishra, Rohinton F Nariman and Amitava Roy declined to interfere with the setting up of the National Company Law Tribunal (NCLT) and the National Company Law Appellate Tribunal ...

Despite Bhushan resistance, SC allows gov to appoint CVC after chair 6 months empty

The Supreme Court yesterday permitted the central government to go ahead with the selection and appointment of the chief vigilance commissioner and vigilance commissioner - two positions that had been waiting to be filled up for more than half a year. A bench of Chief Justice HL Dattu, Justice Arun ...

Case of the week: ML Sharma files petition against AAP anti-defamation circular

A petition seeking quashing of the Delhi government’s decision to file defamation cases against media organisations for publishing or broadcasting defamatory news about Chief Minister Arvind Kejriwal was filed in the Delhi high court on Wednesday. The public interest litigation, filed by advocate ML...

SC points out AAP hypocrisy in party's pro-defamation circular

The Supreme Court on Thursday accused Delhi Chief Minister of double standards by seeking stay of criminal defamation proceedings against him but issuing a circular permitting action against media groups for defamatory reporting. “Don’t you feel that there is dichotomy between you challenging sectio...

Delhi district & high court lawyers agree to temporary cease fire in strike war

The Delhi high court Bar Association on Wednesday called off its strike protesting the clearance of bill by the Rajya Sabha to increase pecuniary jurisdiction of the high court as parliament adjourned before it could be passed by the Lok Sabha.

Delhi Bar Council to probe AAP law minister Tomar's 'fake law degree'

The Bar Council of Delhi (BCD) has filed a complaint against Delhi LawMinister Jitender Singh Tomar and sought a probe into his alleged’fake law degree’ case, according to a letter by BCD to the DelhiPolice. “The Bar Council of Delhi has observed that Jitender Singh Tomar hasenrolled himself in the ...

4 reasons why the Jayalalithaa acquittal looks seriously dodgy

As Vikram Hegde explained in a Legally India column on Livemint yesterday, former Tamil Nadu chief minister J Jayalalithaa was acquitted by the Karnataka high court in appeal because it found that only 8 per cent of her assets were illegal (because there was no proof of their origin).

RamJet tells CJI: Gov commits 'great fraud on nation' by pussyfooting around black money

The Supreme Court Tuesday was told that the unaccounted black money stashed away to tax havens would not be recovered as the central government and its bureaucrats entrusted with the task have not taken any effective steps to recover it. Describing the steps taken so far to recover the money as “gre...

SC tells gov to finish pro-NJAC arguments in June holidays, declines larger bench

The Supreme Court today refused to refer, for now, to a larger bench a batch of petitions challenging the validity of the National Judicial Appointments Commission in the context of the judicial primacy in judges’ appointments as a preliminary issue. The court made it clear that it was not ruling ou...

Juvy Justice bill unconstitutional for treating under-18s as adults, say critics

A network of NGOs, lawyers, activists and individuals working for child rights under the banner of ‘Prochild’ on Monday opposed the juvenile justice amendment bill, arguing that it was against the constitution. The Lok Sabha on May 7 passed the bill which paves the way for children in the age group ...

Jayalalithaa's prosecutor Acharya says appeal likely: Prosecution not given chance to make oral arguments

Special Public Prosecutor (SPP) BV Acharya on Monday expressed reservation over the acquittal of former Tamil Nadu chief minister J Jayalalithaa in the 18-year-old disproportionate assets’ case by the Karnataka high court without considering his submission. “I expected the high court to conform to t...

Fraudster Satyam founder Ramalinga Raju, others get bail with Rs 1 lakh bond

A city court on Monday granted bail to B Ramalinga Raju and all other accused in multi-crore-rupee Satyam accounting fraud case. The metropolitan sessions court granted bail to Satyam Computers Services Limited (SCSL) founder and former chairman Ramalinga Raju and his brother Rama Raju on a personal...

Please think again about getting 11 judges to hear NJAC, pleads gov't with SC

The Central government Monday urged the Supreme Court to refer to a nine or 11-judge bench the reconsideration of 1993 judgment which took away from the government the power of appointing judges and vested it with an apex court collegium headed by the Chief Justice of India. As the government presse...

SC stays Madras HC Justice Karnan contempt case vs chief justice Kaul

The Supreme Court on Monday restrained Madras High Court judge Justice C.S. Karnan from hearing a case relating to appointment of junior judicial officers in Tamil Nadu as it directed uninterrupted recruitment of the subordinate officers by the selection committee. The selection committee includes f...

Bar Wars: Episode 75 - Delhi HC bar does 2 more strike days over pecuniary jurisdiction

The Delhi high court Bar Association (DHCBA) has called for an extension of its strike against the Rajya Sabha passing the bill to increase lower courts’ pecuniary jurisdiction, asking for “complete abstention from work” on 12 and 13 May.

Bombay HC makes 7 new senior counsel (but only 1 woman): HRLN’s Gayatri Singh & Mihir Desai; Rajiv Chavan, Sanjeev Gorwadkar

The Bombay high court has designated the seven advocates as senior lawyers.

Jayalalithaa free as a bird, acquitted for only having 8% illegal assets [READ 919-PAGE (!) JUDGMENT] [UPDATE-3]

In a development bound to bring her back as Tamil Nadu’s chief minister, the Karnataka High Court on Monday acquitted AIADMK leader J. Jayalalithaa in the disproportionate assets case, triggering wild celebrations by her supporters all across the state. (See judgment summary below) “Justice has won,...

Oasis visible in the desert? SC allows Sahara to part-pay by bank guarantee

The Supreme Court on Friday allowed Sahara to arrange a bank guarantee of Rs. 5,000 crore in the favour of the capital market regulator to comply with the conditions for the release of its chief Subrata Roy and two other directors who are in custody in Delhi’s Tihar jail since March 4, 2014. A bench...

AORs argue that there's no need to refer NJAC plea to a larger bench

The Supreme Court Advocate on Record Association (SCAORA) Friday opposed the government’s plea for referring to a larger bench the challenge to the NJAC contending that the issue before the court was whether it was in conformity with the basic structure of the constitution or not. The SCAORA told th...

Salman Khan Bombay HC stay order is out

Download PDF of judgment In a major relief to Bollywood superstar Salman Khan, the Bombay High Court — while admitting his appeal — today suspended his five-year jail sentence in a 2002 hit-and-run case that killed a man, paving the way for him to secure regular bail. Special public prosecutor Prade...