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Bar and Bench Profile picture
@barandbench
Sep 9, 2020 • 16 tweets • 4 min read • Read on X
SENIOR DESIGNATION OF YATIN OZA:

Supreme Court today is scheduled to take up for hearing petition filed by Yatin Oza challenging the decision of the Gujarat High Court of revoking Oza's senior designation.

#SupremeCourt Image
Oza has also assailed Rule 26 of the High Court of Gujarat Senior Designation Rules, 2015 for being ultra vires Articles 14 and 19 of the Constitution.

#SupremeCourt #SeniorDesignation
Oza's senior gown was recalled after contempt of court proceedings were initiated against Oza for levelling allegations of corruption against the Court registry.

Oza had tendered an unconditional apology but the same was rejected by the HC.

barandbench.com/news/litigatio…
Three Judge Bench led by Justice Sanjay Kishan Kaul is hearing the matter

#SupremeCourt
Senior Advocates Abhishek Manu Singhvi, Arvind Dayar and Shekhar Napdhade are representing Oza.

#SupremeCourt
Justice Kaul: Sentencing is pending. It might be better to wait for High Court to pass orders first
Singhvi: The matter has to be seen holistically. A matter of recalling senior gown is like a death sentence for a lawyer
Justice Kaul: After High Court has passed its order there may be more points to place your arguments on

#YatinOza
#seniordesignation
#contempt
Justice Kaul inquires when the matter is listed before the HC.

Senior Adv Arvind Datar: September 17
Justice Kaul: It is unfortunate that Mr. Oza has made things worse for himself.

Naphade: He has a bit of a temperamental issue.

Justice Kaul observes that some days there are remarks made from the Court, sometimes from the Counsel but Oza has been in controversy multiple times
Advocate Nikhil Goel tells the Court that Oza's apology has not been accepted by the High Court.
SC fixes the matter for hearing on September 29.

Yatin Oza at the end makes a brief submission before the Court, couching for his sincerity, Oza says his is "not a paper apology"
Justice Kaul observes "it is an unfortunate incident"

Singhvi: I (Oza) have apologised on a number of ocassions but then I was told that my apology will not be accepted. Then it was said that I didn't argue on merits
Shekhar Napdhade reiterates that Oza has a "heart of gold" even though some temperament issue
Supreme Court allows petitioner (Yatin Oza) to file an SLP against the Gujarat HC judgment.

Matter to be heard next on September 29
"Not a paper apology", Yatin Oza says as Supreme Court defers hearing of challenge to Senior designation revocation till Gujarat High Court decision

#SupremeCourt
barandbench.com/news/litigatio…

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More from @barandbench

Bar and Bench Profile picture
Nov 13
Whether chargesheet filed without Forensic Science Laboratory (FSL) report in case under NDPS Act, 1985 can be termed as 'incomplete report' under CrPC? #SupremeCourt to shortly hear the matter

#NDPSAct Image
Read our report on additional questions that the Court agreed to consider: barandbench.com/news/ndps-act-…
A three-judge Bench of Justices Surya Kant, Sudhanshu Dhulia and Ujjal Bhuyan will also examine various related aspects that concern the fairness and efficacy of the trials under the NDPS Act Image
Read 19 tweets
Bar and Bench Profile picture
Nov 13
#SupremeCourt to shortly hear appeal by Narcotics Control Bureau (NCB) against 2023 Delhi HC decision ruling that application for drawing sample of narcotic drugs or psychotropic substance before Magistrate u/s 52A of NDPS Act should be made within 72 hours @narcoticsbureau Image
In May 2023, the High Court had observed that such an application cannot be moved at the “whims and fancies” of Narcotics Control Bureau, being the prosecuting agency.
When matter came before Supreme Court earlier, the Court had orally remarked that Section 52A is enabling not mandatory.
Read 33 tweets
Bar and Bench Profile picture
Nov 13
#BULLDOZERJUSTICE ?

Supreme Court to shortly deliver judgment laying down pan-India guidelines on use of bulldozer by state governments as a punitive measure to demolish house or shop of a person immediately after he or she is named as accused of an offence

#SupremeCourt Image
Judgement to be delivered by a bench of Justices BR Gavai and KV Vishwanathan
#SupremeCourt #bulldozer Image
Pronouncement of judgment at 10:30 am

Track thread for all updates

#SupremeCourt
Read 13 tweets
Bar and Bench Profile picture
Nov 8
Supreme Court Bar Association holds farewell for CJI DY Chandrachud #SupremeCourtofIndia Image
Sr Adv Rachana Srivastava, VP SCBA: CJI Chandrachud was a part of 23 constitution benches. Your journey in the legal world has pushed boundaries. You leave behind a court which has hope for all of us. You had unwavering dedication to the rule of law.
Sr Adv Kapil Sibal, President SCBA: when you have to journey the judge of any judge what is the benchmark. We can criticise a judge all we want. You have to judge the man in the backdrop of the times we live in. When we discuss him, his manner, his affability which is of one of the greatest judges of this country.Image
Read 29 tweets
Bar and Bench Profile picture
Nov 8
Ceremonial bench on the last working day of CJI DY Chandrachud

CJI Chandrachud along with CJI Designate Sanjiv Khanna, Justices JB Pardiwala and Manoj Misra

#SupremeCourt Image
Attorney General R Venkataramani: Recently in Brazil after the conference ended everyone started dancing. what if I ask everyone here to dance on your retirement and I am sure most will vote in favour of me.
SG Tushar Mehta: Complete impartiality in dispensation of justice. We were never hesitant in good or bad matters before you. For govt we won few we lost many but we knew that we did not get an opportunity to convince the court and put our point forward. My lord has always taken a stand as the karta of the family
DYC will really be missed.
Read 21 tweets
Bar and Bench Profile picture
Nov 6
#BREAKING Supreme Court to State of UP: How can you just enter someone's home and demolish it without following course of law or serving notice?

CJI DY Chandrachud: We are not inclined to accept the request of the State of UP to adjourn the proceedings since pleadings are completed and the court is required to evaluate the materials placed before to decide legality of action.

#SupremeCourtofIndia @myogiofficeImage
CJI: The following position emerges from narration of facts: state of UP has not produced original width of state highway notified as national highway, no material was placed to show whether any inquiry was conducted to figure out encroachers, there is no material produced to indicate that land was acquired before demolition was carried out. The state has failed to disclose the precise extent of encroachments, the width of the existing road, the width of notified highway, extent of property of petitioner which feel within central line of highway and why the demolition was needed beyond the area of alleged encroachment. NHRC report shows demolition was far in excess than the area of alleged encroachment. #SupremeCourtofIndia
#BREAKING

CJI: The demolition was carried out without any notice or disclosure to the occupiers of the basis of the demarcation or the extent of demolition to be carried out. It is clear demolition was high handed and without the authority of law. The petitioner states the demolition was only because the petitioner had flagged irregularities in road construction in newspaper report. Such action by the state cannot be countenanced and when dealing with private property law has to be followed.
Read 6 tweets

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