Cross Border Insolvency “From Teritorialism To Universalism To Modified Universalism”

 “Exercising discretion and applying the law locally is hard enough (for a judge). Doing so in an international setting “ups and ante” especially when the notional claim amounts exceed $1million as they did in Lehman”[i] The above statement perhaps brings out the true state of challenges and complexities which cross border insolvency proceedings throw open at international arena. The challenges still linger on despite the system having handled the cases of the complexities and dimension such as...

Petition Before Bombay HC Seeks Quashing Of Triple Talaq Ordinance, Alleges Selective Targeting Of Muslim Men [Read Petition]

A writ petition has been filed before the Bombay High Court challenging the constitutional validity of the Muslim Women (Protection of Rights on Marriage) Ordinance, 2018 promulgated on September 19, 2018.The petition, that seeks to quash the said ordinance, has been filed by a group of citizens comprising ex-municipal councillor Masud Ansari, Rising Voice Foundation, an NGO, and...

Allahabad HC Amends 10-Day Bail Rule; Cuts It Down To 2 Days

Now any arrestee applying for bail in Uttar Pradesh will not have to necessarily suffer 10-day incarceration as the Allahabad High Court has amended its 10-day bail rule bringing down to two days the mandatory 10-day notice to the government counsel on a bail plea before it is taken up for hearing.The amendment has been made to sub-rule (3) of Rule 18 of the Allahabad High Court Rules, 1952...

No Bar For A Mere Accused In A Criminal Case To Enroll As A Lawyer, Holds Madhya Pradesh HC [Read Order]

‘The petitioner merely being an accused in the aforesaid criminal case for offences where guilt is yet to be proved, in the considered opinion of this Court, cannot deny entry to petitioner entry into the State Rolls as an Advocate for the simple reason that petitioner, for the time being, does not incur any disqualification u/s 24-A of Advocates Act.’The Madhya Pradesh High court held that...

Justice Ranjan Gogoi : A Judge Mindful Of Our Times

“Mr. Counsel, you addressed our hearts the entire afternoon yesterday. Kindly address our heads today”. This remark came from the then junior most Judge of a three Judges Special Bench of the Supreme Court, Justice Ranjan Gogoi during a hearing in 2013 in the Samaj Parivartana case pertaining to encroachment and other illegalities committed by miners in Karnataka. Known for his few and firm words, Justice Gogoi will take charge as the Chief Justice of the Supreme Court of India with effect from...

Delhi Court Discharges Sisodia, AAP MLAs In A Case Related To 2014 Protest Outside Tihar Jail

A Delhi court on Saturday discharged Deputy Chief Minister Manish Sisodia, AAP MLAs Amanatullah and Sanjeev Jha and others in a case related to a protest held by them outside the Tihar jail in 2014.Additional Chief Metropolitan Magistrate Samar Vishal granted relief to the accused saying there was a delay of four years in filing the charge sheet against the accused without any valid...

Fill Up Teaching Vacancies In School For Visually Impaired: Delhi HC To AAP Govt

The Delhi High Court has directed the AAP government to "forthwith" appoint 10 contract teachers to vacant posts in a school here for visually impaired boys and provide the students with "assistive devices" like audio recorders to help them study.The direction by a bench of Chief Justice Rajendra Menon and Justice V K Rao came on a PIL claiming there was 50 percent vacancy of teaching staff...

Whether Registrar Can Cancel Registration Of A Society? Calcutta HC Delivers Split Verdict [Read Judgment]

A division bench of Calcutta High Court has delivered a split verdict over the issue of whether a Registrar under The West Bengal Societies Registration Act, 1961 can cancel the registration of a society.The single bench of the high court had upheld such an order of Registrar of Firms, Society and Non-trading Corporations who had cancelled the registration of the school for the reason...

Gujarat HC Strikes Down GST Provision Denying Transition Of Excise Duty Credits On Goods Purchased Before Cut-off Date [Read Judgment]

In a relief to first stage dealers, the Gujarat High Court has struck down provisions of the GST law that prohibit transition of excise duty credits on purchases prior to June 30, 2016. The law basically did not permit credit of invoices that were more than one-year-old i.e., invoices which were dated prior to June 30, 2016.The Bench comprising Justice Akil Khureshi and BN...

When Brecht Speaks As Ambedkar

Citing literary sources, turning to parables, prose, plays, poetry is the wherewithal of political discoursePolicemen and policewomen are not mindless digits in khaki. They have all been to school. Many of them are MAs, some PhDs. And they have families, friends just like anyone else who has not been clad in hide-tough uniforms the whole day. When at end of duty hours they return home, get back to home-clothes, settle down to a tired day’s evening, like anyone else, they talk of all they went...

Remove Tiles Bearing PM Modi & CM Shiv Raj Chauhan’s Pictures From Pradhan Mantri Awas Yojna Houses: Madhya Pradesh HC [Read Order]

The Gwalior Bench of the Madhya Pradesh High Court on Wednesday directed the State to remove tiles with pictures of Prime Minister Narendra Modi and Chief Minister Shivraj Singh Chouhan from houses built under the Pradhan Mantri Awas Yojana (PMAY).The direction was issued by a bench comprising Justice Sanjay Yadav and Justice Vivek Agarwal on a petition filed by journalist Sanjay Purohit,...

Illegal Hoardings/Flex boards: Kerala HC Directs Local Self Government Institutions To Initiate Removal; Issues Guidelines [Read Order]

The High Court of Kerala, through Justice Devan Ramachandran, has directed Local Self Government Institutions to take proactive steps in removing illegal hoardings and flex boards all across the state on a war footing. Justice Ramachandran also formulated certain guidelines to be followed in the installation of hoardings and flex boards in future.The court had, on an earlier occasion,...