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Bar and Bench

@barandbench

Mar 19

The person who is an accused is praying for protection? You are a suspected accused. You are trying to sensationalise the issue: Uttarakhand High Court to gym owner ‘Mohammad’ Deepak Kumar

The Court is hearing a plea filed by Kumar seeking quashing of an FIR agains him.

I have been receiving consistent threats: Kumar’s counsel
You are investigation: Court
That is a different thing: Counsel

Read 17 tweets

Bar and Bench

@barandbench

Mar 18

[Day 2]: A nine-judge Constitution Bench of the Supreme Court to resume hearing reference on the interpretation of “industry” under the Industrial Disputes Act, in the State of UP v. Jai Bir Singh batch of cases
#SupremeCourt

What happened on Day 1? Read here: barandbench.com/news/expansive…

Sr Adv Sanjay Hegde makes submissions
#SupremeCourt

Read 6 tweets

Bar and Bench

@barandbench

Mar 17

A nine-judge Constitution Bench of the Supreme Court begins hearing reference on the interpretation of “industry” under the Industrial Disputes Act, in the State of UP v. Jai Bir Singh batch of cases
#SupremeCourt

Sr Adv CU Singh: There are two notifications ... Now the old industrial disputes act has been repealed.

Sr Adv Indira Jaising: Any judgment rendered by the court in interpretation of the old law will impact the new law. One side seeks reconsideration of Bangalore water supply and one side says no such reconsideration needed.

CJI: While taking a view on Bangalore water supply .. we can give a word of caution that the interpretation is for the law which used to exist

Jaising: There is an unavoidable overlap. All conclusions should be without prejudice.

AG R Venkataramani: so whether a challenge to the new law can lie when there is no such challenge before this court

AG: I have placed my written submissions and compilations for the Court’s consideration; I will be referring in particular to Volumes 4B and 5B. The principal issue, as framed, is whether an undertaking or enterprise falls within the definition of “industry” under Section 2(j) of the Industrial Disputes Act and what the correct legal position is. A second, distinct issue arises from the 1982 Amendment, particularly in the context of social welfare activities and governmental functions, and whether such activities fall within the expression “enterprise.” This in turn raises the question of what constitutes a “sovereign function” of the State and whether such functions are excluded from the ambit of Section 2(j). To address this, it is necessary to go back to the earlier reference order and the line of judgments beginning with Bangalore Water Supply.

Read 16 tweets

Bar and Bench

@barandbench

Mar 13

Delhi High Court modifies bail conditions imposed on accused Neelam Azad in parliament security breach case.

The matter was listed before Justice Subramonium Prasad and Justice Harish Vaidyanathan Shankar.

The matter pertains to an incident in which some persons entered the parliament building and threw smoke canisters when the Lok Sabha was in session. Azad was arrested by the Delhi Police on December 13, 2023 and granted bail in July 2025 subject to conditions.

Read 13 tweets

Bar and Bench

@barandbench

Mar 13

Supreme Court hears the case regarding mandatory requirement of three years' practice at the Bar as a uniform eligibility condition for entry-level judicial service posts

Sr Adv Sidharth Bhatnagar, Amicus: High Courts are of the view that three years should remain. But for disability ..some accessibility needs to be given. Allahabad HC says it is not capable at the moment it is too early for a view. Delhi HC says three year practice has been reintroduced as in terms of SC judgment. Committee says relaxation for disabled may lead to disparity

Amicus: Faizan Mustafa for CNLU says no experience needed at all and should be done away with.

Sr Adv Pinky Anand: This practice is not even consistent to their skills of being adjudicators. Thus this is a Roadblock. Average age of aspirant will be 29.

Read 12 tweets

Bar and Bench

@barandbench

Mar 13

“If you keep on investigating when will charges be heard? For two years you cannot sit when somebody is in jail”: Delhi High Court to Delhi government in bail plea of Aam Aadmi Party (AAP) leader Naresh Balyan in connection with his arrest under Maharashtra Control of Organised Crime Act (MCOCA).

The matter was listed before Justice Swarana Kanta Sharma. The Court today heard arguments on behalf of Balyan. Senior Advocate Rebecca John apeared for Balyan.

John - They took my voice samples. They have not taken voice samples of anybody else. We dont know if it is gangster, they are claiming that it is a gangster. Who is this other person?

Read 15 tweets

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