Bar, Bench & Litigation

Senior counsel Shanti Bhushan submitted to Chief Justice (CJI) Kapadia’s constitutional bench yesterday, that even incorrect statements do not justify restrictions on the media, and even half-truths and misinformation should not warrant punishment for contempt regardless of concern for the reputation of courts.

In today’s edition of Mint: A litigious culture does not handicap economic growth, fresh research shows, debunking the widely held view that a high litigation rate creates an environment hostile for business and slows decision-making.

The pendency of cases at the Supreme Court of India is within a whisker of 60,000 – a new record - after rising by more than 700 cases in March 2012.

Exclusive [but not true]: The Bar Council of India (BCI) passed a resolution late yesterday to allow English and Singaporean lawyers to practice in district and lower courts, paving the way for an eventual staged entry of foreign law firms into India.

The Supreme Court was bluntly told on Thursday by senior counsel Rajeev Dhavan that it did not have the power to legislate and curb the press from reporting on court cases. Dhavan appeared on behalf of the Editors Guild, Foundation of Media Professionals and some individual journalists and argued that “internal mechanisms" of the media could resolve the concerns.

Day two of chief justice SH Kapadia’s constitutional bench hearing of the matter of press freedoms and individual rights saw the debate centered on the introduction of a “test of postponement” which will empower a judge in a criminal trial to prevent its publication if there is an apprehension of prejudice to the accused or any witness.

The Supreme Court’s special constitutional court of five judges headed by Chief Justice of India (CJI) Sarosh Homa Kapadia descended into mixed messages and arguments yesterday as it sat for the first day to decide on new guidelines to regulate reporting of court cases by the media.

Mint-LI: The number of pending cases at India’s debt recovery tribunals (DRT) has increased by almost 70% in about a year, with the economic slowdown affecting the repaying capacity of borrowers and thus worsening the asset quality of banks.

It’s four in the evening and shadows lengthen along the main corridor of the Supreme Court of India. It is Friday, a miscellaneous day, and all courts have completed their work in time to enjoy what passes for a busy lawyer’s weekend - Friday evening.

All except one court.

Exclusive: Senior advocate Dr Adish C Aggarwala was voted in as chairman of the Bar Council of Delhi (DBC), defeating Delhi Bar Association president Rajiv Khosla by 15 out of 25 votes at the Council’s 2012-2014 term committee election held yesterday, with Khosla alleging cartel voting.

Exclusive: The Paris-headquartered International Court of Arbitration (ICA) of the International Chambers of Commerce (ICC) has hired its first Indian lawyer in a bid to expand in India by increasing visibility and uptake, despite the remaining problem of judicial interference.

Exclusive: The Bar Council of Delhi will hold its 2012-2014 term council committee election on Wedesday (23 March), as Luthra & Luthra senior partner Vijay K Sondhi - the only bar council member from a major law firm – has already been declared vice chairman after running unopposed.

The Supreme Court will form a constitution bench of five judges to frame guidelines for media coverage of the court and its proceedings following a news report on Tuesday.

A Kerala High Court writ petition by local lawyer Shojan Jacob, on Friday struck at the government’s blocking of websites and content in India under the controversial Information Technology (Intermediaries Guidelines) Rules 2011.

Exclusive: The Delhi High Court (HC) has dismissed advocate Balraj Singh Malik’s petition to abolish the advocates-on-record (AOR) classification of advocates on Monday.