Delhi High Court Bar Association Dhcba

100+ unofficial Indian court holidays later, SC still has no solution for frequent lawyer strikes?

pripqjnopripqjnoOn certain days, the Indian litigant knows better than to hold the courts to their official calendar of working days: at least 100 days have already been lost this year across various Indian courts to strikes by advocates.

SCOI Report: Judges eventually won over in P Bhushan toothy contempt case vs lawyer strikes, DHCBA, BCI, others [READ PETITION]

As Common Cause vs Abhijat & Others came up before Justices Kurian Joseph and Arun Mishra at court No.13 on Friday (September 11) morning, Justice Arun Mishra tried to persuade Prashant Bhushan, counsel for Common Cause, not to go ahead with the contempt petition, as it would not serve any purpose. Justice Mishra said the onus is on the bar, which has to control the striking lawyers. “You have to discipline yourself”, he told Bhushan.

Pecuniary jurisdiction bill passes: District bar celebrates, Abhijat bemoans ‘victory of arbitrariness’ [UDPATE-1]

Bar wars: A hope for peace or is a triple-trilogy just beginning?Bar wars: A hope for peace or is a triple-trilogy just beginning?The Lok Sabha, on day 11 of the monsoon session, passed the Delhi High Court Amendment Bill, 2014 after years of wrangling and lobbying around the issue between the bar of the district court and the high courts in Delhi. The legislation increases the pecuniary jurisdiction of the High Court of Delhi from Rs 20 lakh (Rs 2m) to Rs 2 crores (Rs 20m).

A new hope: Strike & war between DHCBA’s Khosla, Abhijat suspended; DCs to continue fast unto death for pecuniary jurisdiction

Does a time of peace and prosperity lie ahead for the bar?Does a time of peace and prosperity lie ahead for the bar?Things promised to return to normal in the Delhi high court on Monday after high-stakes drama last week, when the members of DHCBA received message through the newly formed SMS handle DHCBAS declaring that the strike was suspended.

Return of the bar wars: Abhijat alleges hacked SMS’ as DHCBA prez Rajiv Khosla, secretary Abhijat suspend each other from office

One of the few sequels better than the originalOne of the few sequels better than the originalOne day after members of the Delhi High Court Bar Association received text messages that its president Rajiv Khosla had been suspended for alleged “anti–bar activity”, members were left confused when they received messages today that the DHCBA secretary Abhijat was suspended.

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 HC chief turns 4 benches into part-paperless commercial courts (DHCBA unhappy)

Hot on the heels of the government getting ready to create special fast-track commercial divisions of all high courts, Delhi high court chief justice G Rohini has decided to redesignate four benches of the Delhi high court to exclusively handle commercial disputes, of which around 20,000 are currently pending.

“According to information released by the office of the Registrar General, Delhi high court, two benches hearing matters of Original jurisdiction, and two division benches, as Commercial Appellate courts, will start functioning from Thursday,” reported the Indian Express.

“Two of these will be e-courts and will function as paperless courts. Sitting judges with the appropriate experience and expertise have already been appointed,” reported The Hindu].

According to the Express, DHCBA secretary Abhijat said it was “alarming that the decision was taken without consulting the Bar” and said that it was a “prima facie meaningless order” since the issue of jurisdiction was to be finalised by the Parliament. “The decision is at best an administrative order which can’t override or supplant a bill which is still being drafted,” he said.

Bar at war: The politics around pecuniary jurisdiction (or one big reason why it’s so hard to reform legal sector) [via Mint]

Rajiv Khosla (l.) and Abhijat Bal (r.)Rajiv Khosla (l.) and Abhijat Bal (r.)This week in Mint, Legally India dove into the complicated and fascinating politics of the Delhi bar.

Lawmakers chicken out, defer Delhi pecuniary jurisdiction bill because "Let's wait a bit more na?"

The Rajya Sabha yesterday deferred passing the bill to increase the pecuniary jurisdiction of the Delhi high court, with some members saying that the reform should be clubbed with pending legislation to create commercial divisions in high courts (the Commercial Division of High Courts Bill 2009), with law minister DV Sadananda Gowda conceding to the demands, reported the PTI.

Two politicians by the JD(U) and the BJP made the suggestion, which Gowda seemed happy to accept according to the report.

The commercial divisions bill is currently being redrafted in line with law commission recommendations that have been taken up by the government in the budget.

A series of strikes for and against the bill by bar associations have plagued Delhi, with high court lawyers most recently striking in December 2014, giving six reasons that they are against the measure, which would move matters with a value of less than below Rs 2 crore from the Delhi high court to the district court.

Update: The Rajya Sabha debates stated the following:


Why foreign law firms are most likely to enter India now (or never): An investigation into the realities of legal policy, lobbying & backroom talks

Lalit BhasinLalit BhasinLegally India investigates in Mint how special interests have succeeded at and could end up indefinitely stalling reform of legal services, despite the government's best laid intentions.

Delhi HC pecuniary bill gets one more nod in long series of nods before district courts can hear bigger cases

The Delhi High Court’s pecuniary jurisdiction’ enhancement to Rs 2 crore, from the current Rs 20 lakh, crossed another small hurdle today as the Delhi High Court (Amendment) Bill 2014 was passed by the Rajya Sabha’s standing committee, reported PTI and others.

The standing committee on law and personnel, which passed the bill, also stated in its report that the pecuniary jurisdiction of all high courts in the country should be made uniform. The bill will now pass two more readings in the Rajya Sabha before it can get the nod of the Lok Sabha and ultimately become law.

The amendment, which was introduced by the UPA government after a recommendation by former Delhi high court chief justice D Murugesan, faced opposition from the Delhi High Court Bar Association (DHCBA) since 2012, while Delhi’s district lawyers went on a strike this year due to the delay in passing the bill and demanded its passage by the parliament’s winter session.

DHCBA complains to Chief because a ‘few lawyers’ are hogging the Delhi Mediation Centre

The Delhi High Court Bar Association (DHCBA) on Monday wrote to Delhi high court chief justice G Rohini requesting new Delhi Mediation Centre guidelines, to stop the mediation centre allegedly being “run by few lawyers”.

Delhi HC orders gov to pay for monthly Rs 6 lac AIIMS treatment of poor boy with rare disease

AIIMSIn India’s first judgement on medical aid for rare diseases, the Delhi high court today directed the Delhi government to provide monthly medical treatment, free of cost, to a minor child afflicted with a rare disease (gaucher).

DHCBA meets today under Rajiv Khosla: Reverse DVD harassment, publicise ‘suspicious judgments’, free lawyer parking, valets & more...

abmyvb1bNewly elected prez Rajiv Khosla opens DHCBA agenda to take back CD-filing rule, free parking, valets for lawyers, a website against corruption & more...

DHCBA lawyers donate Rs 8 lakh to treat poor, ill boy, as Delhi HC pushes for universal healthcare doctrine

The AIIMS hospital denied treatment to a rickshaw puller's son suffering from a rare disease, because it was too costly. Senior counsel AS Chandhiok, appearing for the Delhi High Court Bar Association, said lawyers had raised Rs 7.8 lakh for the treatment, with the Delhi high court ordering AIIMS to continue treating the boy until the final judgment in the case.

Justice Manmohan said: “A patient cannot be denied treatment due to financial constraint and the State is bound to find a source to generate funds for the poor patients... [The Delhi government has] to find a way to provide medical aid to poor patients. Funds have to be created. There cannot be a vacuum.” [DNA]

Rajiv Khosla wins fiery Delhi High Court Bar Association election

Ex-Delhi Bar Association president Rajiv Khosla has won the Delhi High Court Bar Association (DHCBA) elections, according to authoritative sources on Twitter.

Advocate Dushyant K Mahant tweeted that Khosla won with 2,074 votes as against 936 votes won by DK Sharma, who was the closest contender.

Presidential candidates PV Kapur and RP Luthra won 557 and 25 votes respectively, according to Mahant’s sources.

These elections have been especially controversial with run-up conflicts for months between Khosla and other contenders, ultimately resulting in a stay of the December elections by the Supreme Court.

[Read more background to DHCBA politics here]

Rajiv Khosla hits back with SC win against Chandhiok ‘scheme’ in DHCBA race

KhoslaFormer Delhi Bar Association president Rajiv Khosla explained his success in the Supreme Court in his battle against Delhi High Court Bar Association (DHCBA) president AS Chandhiok in the now-postponed DHCBA elections.

SC cancels Friday’s DHCBA elections

The other Delhi elections: Rajiv Khosla fights to file DHCBA prez nomination over ‘hell bent’ opponents

DHCBA optionsWith the courts closed as much of Delhi voted today, the Delhi high court is reconsidering former DBA president Rajiv Khosla’s plea against election rule amendments barring him from the 13 December DHCBA polls.

Wired: Vodafone TP writ sent to DRP | Sunburn’s stolen Powerpoint | CCI Ericsson-Micromax royalties | DHCBA election rules argued | Lalu fodder scam bail notice to CBI | …

Vodafone Rs 1300 cr TP writ sent to DRP: The Bombay HC said that the Vodafone transfer pricing tax writ petition of the department’s transfer pricing adjustment of Rs 1,300 crore, should be referred to the tax department’s dispute resolution panel (DRP) [Mint]

CCI checks Ericsson-Micromax royalties: CCI has begun a probe to examine whether Ericsson cellphone patent royalties of 1.25% to 2% from Indian phone maker Micromax, are too high by virtue of abuse of its alleged dominant position [WSJ]

DHCBA election rules argued: Delhi HC reserves judgment on Delhi District Court Bar Association plea, filed by bar council Delhi member Rajiv Khosla, seeking amendments Delhi High Court Bar Association (DHCBA) over upcoming 13 December elections [PTI]

Lalu fodder scam bail notice to CBI: The SC’s chief justice P Sathasivam and Justice Ranjan Gogoi issue notice to the CBI in Rashtirya Janata Dal leader Lalu Prasad’s bail petition – argued by senior counsel Ram Jethmalani - over the fodder scam case [IBN Live]

Gruesome Kerala robbery decapitation death sentence commuted by SC justices BS Chauhan and SA Bobde for not being one of “gravest cases of extreme culpability” [The Hindu]

Sunburn’s stolen Powerpoint: Sunburn festival moves Bombay HC at Goa to restrain rival festival from using Sunburn’s Powerpoint presentations [TOI]

SC: Live-in couples deserve protection: An apex court bench of Justices KS Radhakrishnan and Pinaki Chandra Ghose has asked for an amendment to bring couples in non-married relationships into the ambit of Protection of Women from Domestic Violence Act [The Hindu / BBC]

Slicing Kerala HC benches? Minister Shashi Tharoor asks for Kerala HC bench in Thiruvananthapuram, going against the views of eminent ex-SC judge VR Krishna Iyer [PTI]

SC: Don’t over-examine state decisions: SC bench of justices KS Radhakrishnan and AK Sikri says: “If every decision taken by the State is tested by a microscopic and a suspicious eye, the administration will come to a standstill and the decision-makers will lose all their initiative and enthusiasm.” [PTI]

Bank can publish defaulters’ photos: Bombay HC says it’s ok for SBI to publish defaulters’ photos in newspapers, as being in public interest [PTI]

Reprieve in TN lawyer clash: Madras’ Madurai bench grants interim stay in criminal proceedings against leader of opposition, Vijayakanth, relating to violence in clashes with advocates in district court on 1 July [TOI]

Mumbai autos move writ on gas supply [DNA]

Law means Tejpal raped, says journalist who was allegedly raped by Tehelka editor-in-chief Tarun Tejpal, in a forceful and tightly-argued statement: “I don’t know if I am ready to see myself as a ‘rape victim’, for my colleagues, friends, supporters and critics to see me thus. It is not the victim that categorizes crimes: it is the law. And in this case, the law is clear: what Mr. Tejpal did to me falls within the legal definition of rape” [Statement] In the meantime, Tejpal has reportedly landed in Goa to meet police there [Firstpost live blog]

Wired: SC allows jailed candidates | Lawyers challenge DHCBA election bona fides | P&H HC demands sexual harassment committee | Mega Karnataka Adalat

SC allows jailed candidates: The SC has approved an amendment in the Representation of People Act, which allows jailed politicians to contest elections while in police custody, unless they are held guilty and convicted by a trial court [ANI]

Lawyers challenge DHCBA election bona fides: Delhi bar council member advocate Rajiv Khosla, on behalf of the Delhi District Court Bar Association, told the Delhi HC that the Delhi High Court Bar Association (DHCBA) constitution’s election-related amendments are “malafide and illegal”, and were made “unlawfully and arbitrarily” [PTI]

Sexual harassment committee demands: P&H HC lawyers are demanding setting up of a gender sensitisation and internal complaints committee in the premises of the HC and subordinate courts of Chandigarh, Punjab and Haryana [TOI]

Mega Karnataka Adalat: Five Karnataka high court judges are expected to dispose of 900 miscellaneous first appeals on insurance claims in six days. The claims have been pending in the HC since 2011. Dubbed the ‘mega adalat’, the initiative is part of a series of Lok Adalats being held in the state from 1 to 23 November [Bangalore Mirror]

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