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21 January 2016
Bar, Bench & Litigation

The Supreme Court on Thursday stayed a Delhi high court order quashing the 60 percent admission quota for the wards of Group A officers of the All India Central Services in elite Sanskriti schools.

An apex court bench headed by Justice Anil R Dave, however, said the quota will also cover the children of central government employees of civil, defence and allied services whose jobs are transferable.

The order came after Attorney General Mukul Rohatgi told the apex court that during a high court hearing, the government had filed an affidavit that the 60 percent quota in admissions would cover the wards of Group A, B and C employees of the central government with transferable jobs.

Staying the high court order and clearing the decks for admissions in Sanskriti schools, the apex court said: “No preferential treatment will be accorded to anyone in the admission process.”

21 January 2016
Bar, Bench & Litigation

A court has dismissed a criminal complaint against Delhi Chief Minister Arvind Kejriwal alleging he asked voters to take bribes from other parties but vote for his AAP in elections.

Metropolitan Magistrate Babru Bhan dismissed the plea seeking prosecution of Kejriwal, saying that no offence was made out against him.

“The accused (Kejriwal) has not offered any gratification to the voters (to vote) in favour of his party. He has merely stated that allurements are generally offered by some parties, if offered this time, do not refuse the same but vote in favour of his party.

“He himself has not offered any gratification in lieu of casting votes in favour of his party,” magistrate Bhan said in his Monday order.

The complaint was filed by Ikrant Sharma, who alleged that Kejriwal by making such a statement violated the model code of conduct and instigated the public to accept bribes from politicians.

The complaint was filed in February 2015, the month Kejriwal led his Aam Aadmi Party (AAP) to a sweeping win in the Delhi assembly elections.

21 January 2016
SCOI Reports

Court No 7 of Supreme Court was witness to a suspenseful hearing on 20 January as counsel after counsel told the Bench comprising justices Ranjan Gogoi and Prafulla C Pant that it had been misled by the Uttar Pradesh Government that Justice Virendra Singh, a former judge of the Allahabad high court, whom it appointed as the Lokayukta of Uttar Pradesh under Article 142 of the Constitution, which gives the Court extraordinary powers to do complete justice in a case, was in the list of names being considered by the selection panel.

20 January 2016
SCOI Reports

After having lost two rounds in the Supreme Court, first on 12 January and again on on 13 January the Jallikattu fans in Tamil Nadu appear to be a determined lot, keeping all their hopes in the Apex Court once again.

18 January 2016
SCOI Reports

Taking serious note of threats to the president of the petitionerassociation, the Indian Young Lawyers Association, whose PIL the SupremeCourt is currently hearing, the three Judge bench led by Justice DipakMisra on 18 January made it clear that access to justice can’t be dented byanybody.

18 January 2016
Bar, Bench & Litigation

Prime Minister Narendra Modi on Saturday said patent fees for start-ups will be cut by 80 per cent to support and protect intellectual property rights of new entrepreneurs.

“Patent fee for start-ups will be reduced by 80 percent. India’s future lies in innovation and creativity. Newcomers should get equal opportunities,” Modi said while addressing at the ‘Start-up India, Standup India’ event.

He also said start-ups will be helped through facilitation centres by lawyers to file patents without any charges. Delays in patent approvals, he added, need to be reduced.

Talking about intellectual property rights (IPR) Modi rued that India was lagging behind in IPR “We have enough youth property (YP), but we don’t have enough intellectual property (IP),” the prime minister said.

18 January 2016
Bar, Bench & Litigation

A case was filed on Saturday against Bollywood stars Shah Rukh Khan and Salman Khan in a court in Meerut for hurting the sentiments of the Hindu community.

The case was filed before the special judicial magistrate’s court by the Akhil Bharat Hindu Mahasabha, accusing the two actors of showing disrespect to the Hindu community by shooting with their shoes on in a temple of Goddess Kali in a promo of reality TV show “Bigg Boss”. The episode was aired on Colors channel on 19 December and 20.

The case has been listed for hearing on 18 January.

Bharat Rajpur, city president of the organisation, said the act was deliberate and aimed at hurting the religious sentiments of Hindus.

He said he had already brought up the matter with the producer, director and programme head of the TV channel but to no avail.

“I brought this to the notice of the district magistrate and senior superintendent of police but no action has been taken.

“So now, I have knocked the doors of the court and I am ready to go up to the Supreme Court for the cause,” he said.

18 January 2016
Bar, Bench & Litigation

The Bar Council of Kerala will now start constructing the MK Nambyar Academy for Continuing Legal Education, as its foundation stone was laid by Chief Justice of India (CJI) TS Thakur yesterday, reported The Hindu.

At the inauguration ceremony, CJI Thakur defended the high litigation fees charged by Supreme Court lawyers and said that these top Indian lawyers also take up many cases pro bono. Legally India and Mint revealed 42 Delhi senior advocates’ fees last year.

Thakur said that the legal profession should not only bring recognition to its practitioners but should be a rewarding one as well. He also said that continuing legal education will empower lawyers to be more effective in the conduct of their cases, and to do justice to the profession.

The leader of the opposition party in the state VS Achuthanandan said that steps should be taken to end the practice of lawyers collecting high fees from clients.

Supreme Court justice Kurian Joseph who was also present at the inauguration, said that the practice of law graduates taking professional oath en-masse should be replaced with them taking oath in the presence of a high court judge so that they “would consider the profession seriously”, reported the New Indian Express.

15 January 2016
SCOI Reports

History was made today, with three Constitution benches sitting at the same time in the Supreme Court at 2 pm.

15 January 2016
Bar, Bench & Litigation

Advocate Pradeep Dwivedi, represented by advocate Anupam Dwivedi, has filed a criminal contempt and sedition complaints against Delhi Chief Minister Arvind Kejriwal for allegedly using “defamatory and seditious” words against prime minister Narendra Modi, which would spread disharmony,reported Firstpost:

"On 15 December, 2015, the accused posted the remarks on his Twitter account which reads as, ‘Modi is a coward and a psychopath’. The remarks were made against the democratically elected Prime Minister of the largest democracy of the world,” it said.

The complainant alleged that Kejriwal had “intentionally” used defamatory words with a view to spreading a sense of “hatred and contempt” towards the prime minister.

They seek prosecution of Kejriwal from Delhi metropolitan magistrate Jagminder Singh, who posted the matter for 26 February clarification arguments.

15 January 2016
SCOI Reports

In the ongoing Extra Judicial Execution of Victim Families Association vs Union of India, being heard by justices Madan B Lokur and UU Lalit, the Attorney General had alleged that an article published in The People’s Chronicle (English) and Poknapham (Manipuri) carried certain “highly objectionable statements” by Babloo Loitongbam, who has been reporting the case.