Articles

Delhi HC waits for SC judge committees’ wisdom on judicial clerk selection process

ClerkshipThe Delhi high court has agreed to wait for a three-judge Supreme Court committee’s decision on review of its policy of selection of judicial clerks.

Madhava Menon + 2 others appointed by CJI to draft guidlines on 'political' government ads [JUDGMENT]

The founder director of NLSIU Bangalore, NR Madhavan Menon, ex Lok Sabha secretary general TK Vishwanathan and senior counsel Ranjit Kumar have been appointed by the Supreme Court to form a committee regulating government departments advertising with an "obvious political message".

Chief Justice of India (CJI) P Sathasivam said today that existing guidelines did not cover such cases, and that the committee should submit its report to the apex court in three months. [IANS] [Read judgment (PDF)]

Banned SC advocate responds cryptically to CJI: Sex harass texts were ‘magical realist poetry’ against ‘witchcraft’ corrupt judges

From Facebook pageThe advocate who has been banned from the Supreme Court premises for six months by the court’s new sexual harassment committee and the CJI, said he would seek a review of the order.

Sex harassment at SC: Apex court bans advocate for 6 months

Supreme CourtThe Supreme Court sexual harassment committee has banned an advocate from the Supreme Court premises for six months for an incident of sexual harassment.

Salve bats for McDonald's v Mukul Rohatgi, claiming Vikram Bakshi forum shops to avoid LCIA arbitration

A detailed report in the Eco Times on the long-running legal scuffle between McDonald's and its local JV partner Vikram Bakshi. McDonald's has accused Bakshi in the Delhi high court of forum shopping by launching Company Law Board (CLB) and Delhi high court challenges to a London Court of International Arbitration (LCIA) proceeding between the parties.

Bakshi, represented by senior counsel Mukul Rohatgi to date, has been fighting for his reinstatement as managing director of the joint venture after he was ousted by McDonald's in 2013.

Senior counsel Harish Salve will appear for McDonald's today, arguing against the Indian proceedings so that the London arbitration can proceed. [Economic Times]

Sahara sends defamation notice to Amul comic girl for poor family rib

Sahara, which is on a money-collecting drive from employees to gather Rs 5,000 crore to pay for its boss' bail, has sent a defamation notice to milk maker Amul's owner, the Gujarat Co-operative Milk Marketing Federation.

The famous Amul girl marketing campaign regularly makes fun of current affairs topics, and in this case captioned an Amul girl comic strip with "besahara parivar" and "hard to share" - a pun on Sahara's old slogan "Sahara parivar" - the Sahara family - and the Hindi word besahara, meaning lacking in (family) assistance. ,width-300,resizemode-4/Amul-Besahara-Parivaar.jpg [Times of India] [Amul comic ad image]

BCI's Manan Kumar Mishra: Christian nun-lawyer shouldn't be allowed to wear habit, but turban ok

Advocate and Christian nun Sister Jasmine, who has been enrolled since 2000 with the Delhi bar council and is currently working with the Human Rights Law Network (HRLN), said she would file a complaint about other lawyers having objected to her wearing her nun's habit with with the advocates' band. [Indian Express]

Outgoing Bar Council of India (BCI) chairman Manan Kumar Mishra told the Indian Express that while the wearing of a "turban is not a problem" with the advocate's uniform, a nun's habit was not allowed.

Retired judge S N Dhingra disagreed: "Just as turbans and other religious markers are allowed in court, a habit is also not a violation" [via @mohitsingh8 on Twitter]

Madras HC reinstates cop who was fired after medical exam determined she's transgender

The police had fired the policewoman after compelling her to take medical exams several years ago that determined she was transgender.

The Madras high court, relying on this week's Supreme Court judgment, told the police to reinstate her in service [TOI]

Litigant molested at Delhi HC, files outraging modesty case

A woman has allegedly been molested inside a Delhi high court room while she was accompanied by her father and lawyer.

An unnamed man allegedly first stared at her in the court's lobby, later stood beside her and put his hand on her shoulder, and then touched her inappropriately on 5 March. CCTV footage is being examined. [Times of India]

Pune New Law College dean suspended after 'preparing PowerPoint' at his home with student

The dean of Bharati Vidyapeeth University's New Law College in Pune was suspended, after he was allegedly "caught" at his home with a 22-year old female law student.

The student did not press charges but dean Dr Mukund Sarda has been suspended pending an investigation, after residents at his society made a police complaint. BJP and Shiv Sena workers reportedly protested at the police station and demanded that a complaint be registered against the deal, claiming that it was not the first time residents complained against the dean who was "notorious" for "such activities".

The dean told Mid-Day: "The girl came to my house voluntarily. We were preparing for a power point presentation. It is a temporary suspension. I expect a fair inquiry. The residents of the society who approached the police have never given me any notice or warning before." [Mid-Day]

SC affirms right of CAG to look at private TelCo accounts to unearth tax dodging

A Supreme Court bench of Justices KS Radhakrishnan and Vikramjit Sen modified a Delhi high court order giving the Comptroller and Auditor General (CAG) power to do a statutory or special audit of private telecom companies accounts.

Instead, the bench decided that the CAG should have the right to scrutinise the accounts of private telecoms companies to make sure that the government was getting "legitimate share" from the Telcos' use of natural resources such as spectrum.

The case began in 2009 when the CAG looked into the books of Bharti Airtel, Reliance Communications, Vodafone India and Idea Cellular. [Financial Express | Judgment]

NSE drags intermediary giant GoDaddy to Bombay HC for hosting allegedly infringing content

The National Stock Exchange (NSE) has alleged that Hyderabad-based firm Manshi Systems has been selling customers access to a subscription-only NSE service. The stock exchange has now started proceedings in the Bombay high court against the firm and, significantly, also against the Indian subsidiary of the firm's web hosting company GoDaddy, which is the world's largest domain name registrar.

The NSE is represented by Krishna and Saurastri Associates partner Manish Saurastri. Cyber lawyer Pavan Duggal told Mint that under the IT Act, intermediaries, such as GoDaddy, would have to prove in court that they had exercised due diligence against copyright infringement.

The story did not specify whether GoDaddy, which apparently manages 57m domain names, received and ignored any takedown requests from the NSE before the court case, or whether it otherwise failed to be diligent in spotting the allegedly infringing service. [Mint]

[Read judgment] SC undoes some damage: Makes ‘third gender’ recognition mandatory for government

The Supreme Court has ruled that all government departments must recognise a third gender, and not discriminate against transgender people in the provision of services.

Next BCI chairman likely to be Rajasthan member Biri Singh Sinsinwar

SinsinwarRajasthan bar council member Biri Singh Sinsinwar, is likely to be appointed as Bar Council of India (BCI) chairman following the expiry of the term of Manan Kumar Mishra on 17 April.

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