Thorat & Associate's

New Delhi (ILNS): The Delhi High Court will be holding interviews for advocates seeking conferment of designation as a senior advocate through video conferencing commencing on October 5. The Secretary, Committee for designation of Senior Advocates has issued a notice stating that “In pursuance to the public notices dated 26.4.2019, 20.05.2019 and 14.08.2019 on the above subject, the Advocates/applicants, seeking conferment of designation as Senior Advocate in terms of ‘The High Court of Delhi Designation of Senior Advocate Rules 2018’, are requested to join the interview interaction through virtual mode, from their respective residences/Offices, as per the schedule attached herewith. They shall also be at liberty to avail the VC facility from the premises of this Court, subject to prior intimation in this regard to the Secretariat.” A total number of 237 advocates have applied for their designation as Senior Advocates and the committee has distributed the applicants in 8 batches, the

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New Delhi (ILNS): Hours after the special CBI court pronounced the verdict on Babri Masjid demolition case, acquitting all 32 accused, the All India Muslim Personal Law Board (AIMPLB) said it would appeal against the ruling in the high court. Special CBI judge Surendra Kumar Yadav in Lucknow, in his 2,000-page judgment, said that the evidences against the accused were not strong enough and the Babri Mosque demolition incident was not preplanned.  The verdict which is both historic as well as contentious has gathered mixed response from different communities and the political parties. Muslim leaders, who were associated with the Ram Janmabhoomi- Babri Masjid title suits, said that they would challenge the special CBI court’s verdict. Babri Masjid Action Committee (BMAC) convener Zafaryab Jilani said that he was not ‘satisfied’ with the verdict and that it would be challenged in the high court. Jilani said that the CBI failed to put up a strong case despite there being enough evide

New Delhi: An interesting observation by a division bench of the Delhi High Court on September 18 may have not only given rise to a conflict of interest situation, but also may have shown a spotlight on the restrictions that practicing lawyers are generally under, as per rules. The two situations, placed side by side, will show the stark contrast in existing legal reins on the bar and the bench. The incident happened during the hearing of a case where a question on merits arose. The case was about three out of 15 shareholders of a Hindu Undivided Family (HUF) and associated property. The three had moved an application under section 151 CPC in company appeal and seeking clarification on “Whether the share in the property received by a son on partition of a HUF is “HUF” or ‘individual’ in his hands?” This being an interesting case in law, there was an application for clarification. That was when the division bench, presided by Justice Rajiv Sahai Endlaw and Justice Asha Menon passed th

New Delhi (ILNS): The Bar Council of India has decided to extend the deadline for submission of details of all practicing advocates enrolled with their respective State Bar Councils as per the requirement of the E-Committee of the Supreme Court of India. The BCI decided this after considering the requests received from various quarters including various Bar Associations and State Bar Councils to extend the last date for furnishing the information as per the format required by the E-Committee of the Supreme Court. BCI stated, “The General Council, as a last and final opportunity, is considering the request to extend the last date for submission till November 15.” The General Council of BCI has also clarified that there shall be no further extension granted and any Advocate or Bar Association who/which does not cooperate in this endeavor shall be dealt with firmly. Read here; -ILNS The post All practicing advocates who are members of State Bar Councils can now submit details till

New Delhi (ILNS): The Supreme Court bench led by Chief Justice SA Bobde today issued notice on a plea by Republic TV Editor Arnab Goswami, against a breach of privilege motion moved by the Maharashtra State Legislative Assembly. The notice was to the Maharashtra Assembly, with a response returnable next week. During hearing, Senior Advocate Harish Salve, appearing for Goswami, said: “This plea is against a privilege motion passed by the state assembly. This question is pending before seven benches.” He said privilege of the assembly cannot extend beyond the House, just because you use harsh words against the state government. There is an interesting question on whether Article 19 and 21 override the privilege motion. “The N Ram case is exactly the same thing,” he said. The Chief Justice said: “We understand the gravity, but this is only a show cause notice and there is no motion.”  At that Salve pointed out: “I am on jurisdiction. Assembly’s jurisdiction cannot extend beyond the Hou

New Delhi (ILNS): The Supreme Court has extended the tenure of Prem Narain, a non-judicial member of the National Consumer Disputes Resolution Commission (NCDRC), by two months. The bench of Justices L. Nageswara Rao, Hemant Gupta and S. Ravindra Bhat  passed this order while hearing a petition filed by Kudrat Sandhu, challenging the appointment of the Prem Narain and the validity of the Tribunal Rules, 2020. NCDRC member Prem Narayan is a 1978 batch IAS officer. He was appointed to the Commission on August 31, 2015. Narayan was due to retire on August 30 this year. He had filed a miscellaneous application in a writ petition ( Kudrat Sandhu vs Union of India ) seeking extension of his term till regular appointments are made. The said writ petition was disposed of by the constitution bench by upholding the constitutional validity of Section 184 of the Finance Act 2017, which empowers the Central Government to frame rules relating to appointment and service conditions of members of var

New Delhi (ILNS): The Delhi High Court, while dismissing the application of a candidate wanting selection as a Commissioned Officer of the Indian Army, observed that he lacks the temperament to adapt military lifestyle. That meant that he does not possess the requisite standards for selection. The judgment was delivered by the division bench of Justices Rajiv Sahai Endlaw and Asha Menon.  The petitioner had claimed that the day before the final physical training test he was unjustly punished and unnecessarily targeted and singled out by his Company Commander, and that was the reason he was not able to perform to his best of his capability. His said the rejection was out of prejudice of his superior. The authorities, however, submitted before the court that they had tried to get the best to get out of him, but he proved to be not fit for a life in the Indian Army. Withdrawal of the candidate was the only course left with the Indian Military Academy (IMA). After going through all the

New Delhi (ILNS): The Delhi High Court has directed the Commissioner of Police to take serious and effective action against the concerned police personnel who were recalcitrant and failed to perform their duties in a case of kidnapping. A divisional bench comprising Justice Vipin Sanghi and Justice Rajnish Bhatnagar, while hearing a plea through video conferencing, noted: “We are not only anguished but also disgusted at the manner in which the police carries out investigation in such like cases particularly when it involves the poor strata of the society.” The petition has been filed by Sangeeta, mother of the minor girl, with regard to a kidnapping FIR registered at Mayur Vihar Police Station under section 363 of the Indian Penal Code (Kidnapping). The court noted that despite the accused being named in the FIR, no serious effort was made to locate her. “It was only when this petition was preferred and we directed transfer of the investigation to AHTU (Crime), then soon thereafter K

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Awaiting official sanction, the Act is meant to bring transparency, fix accountability and promote fairness in the rental housing segment. What are the salient features? By Kiran Bhardwaj Among the myriad issues raised by the onset of the Covid-19 pandemic is the one to do with landlords and tenants in the National Capital Territory (NCT). Many of those paying rents were affected by salary cuts or job losses, which brought up demands for deferring/lowering rents, as well as evictions. That problem brought into focus the existing Delhi Rent Act, 1995, which provided for the regulation of rents, repairs and maintenance and evictions relating to premises and of rates of hotels and lodging houses in the NCT. Now a new Model Tenancy Act, 2019, which is yet to be notified by the government, establishes a Rent Authority for regulating renting of premises in an efficient and transparent manner and to balance the interests of owners and tenants. It establishes an adjudicating mechanism for s

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New Delhi (ILNS): The Gauhati High Court has accepted an application of farmer leader Akhil Gogoi in which Gogoi has challenged the dismissal of bail by the NIA Special Court in a case registered in connection with the alleged role in violent demonstrations against the Amended Citizenship law in Assam. The division bench of Justices Kalyan Rai Surana and Ajit Borthakur observed: “The learned APP seeks at least four weeks’ time to respond. However, as this is essentially a matter relating to bail and personal liberty of the appellant, we are inclined to grant only two weeks’ time.” This Appeal under section 21 (4) of the NIA Act, 2008 has been directed against the order of July 13, passed by the Special Judge, National Investigation Agency. Gogoi’s bail plea was rejected by the NIA Special Court (in the case lodged at Chandmari Police station) on August 7. Gogoi, who heads the Krishak Mukti Sangram Samiti, was found infected with COVID-19 and is currently undergoing treatment at G

New Delhi (ILNS): Special CBI judge Surendra Kumar Yadav in Lucknow today acquitted all 32 accused in the Babri Masjid demolition case. The judge, in his 2,000-page judgment, said that he found that evidences against the accused were not strong enough and the Babri Mosque demolition incident was not preplanned.  The verdict was pronounced 28 years after the demolition of the Babri Masjid on December 6, 1992 in Ayodhya. CBI Court Room Total six accused including Advani, Joshi and Uma Bharti did not appear physically in the court for the hearing today. The three others who skipped the hearing were Nritya Gopal Das, Kalyan Singh and Satish Pradhan. They had however, attended the proceedings via video-conferencing. While Uma Bharti has tested positive for coronavirus, LK Adavni and Murli Manohar Joshi have excused themselves on grounds of health and age. The CBI had filed a chargesheet against 49 people in the case, of who 17 died during trial. Accused Sadhvi Rithambhara, Vinay Kati

New Delhi (ILNS): Following massive public outrage over the gang-rape and murder of a 19-year-old girl from Hathras, Uttar Pradesh, the state’s Chief Minister, Yogi Aditynath today announced a three-member Special Investigation Team (SIT) to probe into the incident and report back in 7 days. Considering the number of similar cases piling up in Uttar Pradesh, the CM has also said that this case should be carried through a fast track court. The SIT will be led by Bhagwan Swarup, home secretary and will also have DIG Chandraprakash and commandant PAC Agra, Poonam. Two weeks ago the girl was brutally gang-raped in a village in Hathras district. Part of her was paralysed by the brutality. She was taken to the J N Medical College Hospital in Aligarh in serious condition. When her condition did not improve she was moved to Delhi’s Safdarjung Hospital on Monday. However, she could not be saved and died on Tuesday. -ILNS The post UP CM Yogi Adityanath announces SIT to probe Hathras gang-ra

It wasn’t so much a debate as a confrontation.  As a journalist, I have watched every debate since Nixon-Kennedy in 1960 (high school editor) and this was as unpresidential as any incumbent could make it.   By Kenneth Tiven in Washington   DC What millions of Americans and viewers around the world saw in a 90-minute confrontation between US President Donald Trump, Democratic challenger Joe Biden and moderator Chris Wallace was the death of debating if policy and behaviour were a measure of success. President Trump played the dominant baboon role trying to bully the other two into submission at the first of three 2020 meetings. It was a good display of how intemperate the president must be when people disagree with him in meetings or in private. This spectacle probably lived up to his hardcore supporters expectations. However, it gave Democrat Joe Biden a chance to project alert and balanced behaviour despite all the Trump theatrics. For moderator Wallace, a Fox News Channel news ho

New Delhi (ILNS): A petition has been filed by United Breweries (holdings) Limited in the Supreme Court challenging the dismissal of the application by the Karnataka High Court wherein the High Court had dismissed a petition against the winding up of the company and appointment of an official liquidator. A bench headed by Justice UU Lalit, Justice Vineet Saran and Justice S. Ravindra Bhat will hear the matter today on September 30. The petition is filed regrading the judgment of March 6, 2020 by the Karnataka High Court. Kingfisher Airlines Limited (KAL) was promoted by United Breweries Holdings Ltd. (UBHL). The KAL approached State Bank of India and other Banks for sanction of working capital and other financial assistance. The lenders bank formed a consortium and restructured the loans/ facilities advance to KAL by consolidating the facilities and entering into a Master Debt Recast Agreement. Later in the process, KAL settled a trust and appointed SBICAP as security trustee for the

New Delhi (ILNS): A plea has been filed in the Supreme Court challenging section 3 of the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2019 and Section 7 of the IBC and to set out new conditions for real estate allottees to approach the NCLT as being in violation of Article 14 and 21 of the Constitution. The allottees, as per such amendment will have to bring 100 allottees to satisfy the clause. The matter is listed today before the bench of Justice Rohinton Fali Nariman, Justice Navin Sinha and Justice K. M. Joseph. At the outset, it is submitted that the present writ petition is maintainable because the Petitioner is a Home Buyer and has approached the NCLT undersection 7 of the IBC. After coming into effect, the aforesaid amendment in Section 7, there is a likelihood that Petitioner case will be withdrawn, if he fails to comply with the new requirement given in section 7 of the IBC. Further, the challenge is against the Union of India which is a State within the meaning o

New Delhi (ILNS): A plea has been filed in the Supreme Court challenging section 3 of the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2019 and Section 7 of the IBC and to set out new conditions for real estate allottees to approach the NCLT as being in violation of Article 14 and 21 of the Constitution. The allottees, as per such amendment will have to bring 100 allottees to satisfy the clause. The matter is listed today before the bench of Justice Rohinton Fali Nariman, Justice Navin Sinha and Justice K. M. Joseph. At the outset, it is submitted that the present writ petition is maintainable because the Petitioner is a Home Buyer and has approached the NCLT undersection 7 of the IBC. After coming into effect, the aforesaid amendment in Section 7, there is a likelihood that Petitioner case will be withdrawn, if he fails to comply with the new requirement given in section 7 of the IBC. Further, the challenge is against the Union of India which is a State within the meaning o

New Delhi (ILNS): While the Ayodhya title dispute issue was settled by the Supreme Court in November 2019, the criminal case against some BJP, RSS, VHP leaders and kar sevaks for demolishing the mosque on December 6, 1992 is now in its final stages. Exactly 10,160 days after the Babri Masjid demolition, a special CBI court in Lucknow pronounced its verdict in the criminal case today. On July 19, 2019, the apex court extended the tenure of the special judge hearing the demolition case. The court said that the extension of tenure of the special judge, who was set to retire on September 30, would only be for the purpose of concluding the trial and for delivering a verdict in the case. The apex court also asked the judge to deliver a verdict within nine months. Here we track the case from 1528 to 2020: 1528 – Babri Masjid, also called Mosque of Babur or Baburi Mosque, formerly Masjid-i Janmasthan, mosque in Ayodhya, Uttar Pradesh, India.According to inscriptions on the site, it was

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New Delhi (ILNS): The Delhi High Court today asked the Centre what steps it has taken after the court’s previous orders on a plea by actress Rakul Preet Singh. The Court had on September 17 directed the authorities to treat actress Rakul Preet’s plea restraining the media from reporting on her in connection to the Rhea Chakraborty drug case, as a representation. Acting upon a plea filed by Rakul Preet the bench of Justice Navin Chawla issued notices to the authorities seeking the response of the Ministry of Information and Broadcasting, among other respondents and posted the matter for further hearing on October 15. She had alleged in her petition that a ‘media trial’ was being held against her in the Sushant Singh Rajput case after she was named by Rhea Chakrabarty in a statement to the CBI. The petitioner’s counsel argued before the court that fake news is being peddled against her client. An example of such fake news was that, after the previous hearing in the High Court, th

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New Delhi (ILNS): The Supreme Court today dismisses a plea by the Chhattisgarh government against the refusal of the Judicial Commission to examine additional witnesses for the 2013 Jheeram Ghati Naxal attack case. In the attack 29 people, including leaders of the state’s INC were killed. The bench of Justices Ashok Bhushan, R. Subhash Reddy and M. R. Shah was hearing the matter through video conferencing.  Senior Advocate Abhishek Manu Singhvi told t he bench that the incident took place in May 2013 after which a special judicial commission was constituted. Till then 67 witnesses had been examined. “A new government was formed in December 2018 and additional term of reference was given, but for seven months nothing was done, no additional witnesses were examined,” Singhvi said. “In October last year two witnesses were examined, but the six witnesses who were sought by officer in-charge or state were not examined.” He pointed out: “The Director of Jungle Warfare was not examined.”

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New Delhi (ILNS): The Supreme Court today placed pointed questions before the Centre, through its counsel, Solicitor General Tushar Mehta, on “what is the maximum period for which a person can be detained and whether it (the Centre) proposes to continue detention.” The hearing was about Mehbooba Mufti, who served as the last Chief Minister of the Jammu and Kashmir autonomous state, and the issue of her indefinite detention. The decided to take it up on October 15 after the Centre asked for time. Arguing for Mufti, her counsel, advocate Nitya Ramakrishnan said that Mufti has not been allowed to meet her family. At that Justice Sanjay Kishan Kaul askedhow that would be possible, considering she is in detention. He granted time to the Union of India to file a reply to the amendment plea within a week. The judge asked the SG how long the detention would be and what was theoredr against her. He said: “You’ll have to address us on the ground of detention and what is the maximum period, a

New Delhi (ILNS): A Public Interest Litigation has been filed in the Supreme Court by a father seeking custody of his children after the untimely death of his wife. They children are with his wife’s sister and brother. The top court bench of Chief Justice S. A. Bobde and Justices A.S. Bopanna and V. Ramasubramanian will hear the plea today. The appellant has brought the case before the top court after the state authorities did not act positively to his request to release the children from the custody of his wife’s brother and sister. The petitioner’s children have been living with the wife’s brother and sister after their mother died. The petitioner has maintained that the relatives of his wife took his wife and children from Gurugram to Bengaluru, where they said they will get his wife medically examined. He further said that his wife was alright except for a slight blood pressure issue and added that he was not even informed about the sudden demise of his wife. The petitioner beli

New Delhi (ILNS): The Delhi High Court will hear an interim application moved by Arjuna Awardee international swimmer Prasanta Karmakar, seeking immediate stay on his suspension. The hearing is tomorrow. The petition has been filed through Karmakar’s advocates Amit Kumar Sharma and Satyam Singh Rajput, seeking direction to the Paralympics Committee of India to accept the entry of Karmakar for the IWAS World Games, 2020 so that he may achieve Minimum Qualification Standards (MQS), a prerequisite for participation of a swimmer in the Tokyo Paralympic Games. Prasanta Karmakar is an Arjuna Awardee and the only Commonwealth and Asian Games medallist swimmer and the fastest para-swimmer in India. He has represented India as a swimming team coach for the 2016 Rio Paralympic Games and has been the national champion in his specific category for 16 consecutive years. The plea further states that the PCI in the year 2018 has arbitrarily, unreasonably and capriciously suspended the petitioner

New Delhi (ILNS): The Supreme Court of India will be hearing a Public Interest Litigation filed by advocate Ashwini Kumar Upadhyay seeking directions to debar the persons from contesting election against whom charges have been framed in serious offences. The plea alleges that the “criminals who earlier used to help politicians win elections in the hope of getting favors, appear to have cut out the middle-man in favor of entering politics themselves and political parties in turn have become steadily more reliant on criminals as candidates “self-finance” their own elections in an era, where election contests have become phenomenally expensive, but also because candidates with criminal antecedents are more likely to win than clean candidates. Political parties are competing with each other in a race to the bottom because they cannot afford to leave their competitors free to recruit criminals.” Mr. Upadhyay alternatively seeks directions to the Election Commission of India to use its ple

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“Judges should be lawfully legitimate. They don’t should be politically legitimate”, referenced Justice Prathiba M Singh, Decide, Delhi Excessive Court agenda on Friday. Equity Singh was talking at an intelligent meeting sorted out by the Delhi Excessive Court agenda Girls’ Legal experts Discussion board. The meeting focused on the topic ‘Business Litigation: Minding The Hole And Closing In’. Beside Justice Singh, Anuradha Dutt, Advocate and Managing Associate, DMD Advocates talked on the meeting. The meeting was directed by Advocates Kajal Chandra and Geetika Panwar. Sharing her thoughts on whether general sentiment must be thought of in issues of public interest, Justice Singh commented that public idea didn’t make a difference and Judges skimmed by the guideline and the Structure of India. Though spekaing on the Sabarimala Temple case, Justice Singh referenced that choosing one thing as an approved subject was entirely unexpected from choosing issues from the crystal of religi

New Delhi (ILNS): The court of Additional Sessions Judge Dharmendra Rana today declared Nitin Jayantilal Sandesara, Chetan Jayantilal Sandesara, Dipti Chetan Jayantilal Sandesra and Hiteshkumar Narendrabhai Patel as fugitive economic offenders. The court issued this order while hearing a plea by the Enforcement Directorate.  The plea filed ED, Delhi, sought the declaration and also an order for the confiscation of their properties.  Additional Solicitor General S.V. Raju had submitted that open-ended non-bailable warrants were issued by the court in 2018 against the respondents, who are facing trial under the provisions of the Prevention of Money Laundering Act for the offence of money laundering in excess of Rs 100 crores. The respondents had fled from the country and have been evading the process of law. They deliberately chose not to return to the country and face trial. They have been shifting their base from one country to another to escape the clutches of law. The respondent