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Bar and Bench Profile picture
@barandbench
Sep 10, 2020 • 23 tweets • 20 min read • Read on X
Plea before Jharkhand HC challenging the conduct of #NLAT by NLSIU for its law school admissions this year to be taken at the end of the list today

Advocates Shubham Gautam & Baibhaw Gahlaut to appear for petitioners

Senior Advocate Sajan Poovayya to appear for NLSIU @poovayya Image
Hearing begins. Advocate Shubham Gupta making submissions for petitioners #NLSIU #NLAT @NLSIUofficial @poovayya
Counsel for petitioner taking Court through chain of events leading up to NLSIU's announcement of NLAT #NLSIU #NLAT @NLSIUofficial @poovayya
How are you prejudiced? Court asks. Counsel - Examination pattern for NLAT is different from CLAT. Only 10 days' notice given #NLSIU #NLAT @NLSIUofficial @poovayya
What do you mean by changing pattern? Is there a complete deviation which requires students to study a completely different subject? Court asks#NLSIU #NLAT @NLSIUofficial @poovayya
Why is the petition filed before Jharkhand High Court? What if students from each state file writ petitions before respective HCs? What if one HC stays the exam and another HC dismisses it? Justice Shankar asks. #NLSIU #NLAT @NLSIUofficial @poovayya
Judge miffed with lawyer leaving video conference midway. "Young lawyers must know the decorum of the Court", Justice Shankar #NLSIU #NLAT @NLSIUofficial @poovayya
NLSIU and Consortium office are situated in Karnataka. How can Jharkhand HC hear the matter? Justice Shankar asks. If a matter has pan-India ramifications, how can we adjudicate it? #NLSIU #NLAT @NLSIUofficial @poovayya
Counsel for Union informs High Court that another plea is pending before Supreme Court. When is the matter coming up? judge asks #NLSIU #NLAT @NLSIUofficial @poovayya
Senior Adv Sajan Poovayya points to another petition filed before Madhya Pradesh HC. Notice has not been issued b SC or MP HC, @poovayya points out. #NLSIU #NLAT @NLSIUofficial
It is not that the Jharkhand HC does not have jurisdiction, but it may choose not to exercise its jurisdiction on grounds of forum non conveniens, @poovayya #NLSIU #NLAT @NLSIUofficial
Forum non conveniens would come into play in this case, Jharkhand HC says. It is a difficult situation when petitions are filed in different HCs.

This is the first writ petition filed in the country, counsel for petitioner says.

@poovayya #NLSIU #NLAT @NLSIUofficial
What is these matters are not listed before SC and MP HC before exam takes place? This notification is in blatant violation of a Supreme Court order on CLAT exam, counsel for petitioner. #NLSIU #NLAT @NLSIUofficial
While NLSIU has provided option for students to appear in test centres, it has said in its notification that NLISU will not be responsible for technical faults, internet disconnection etc. There is no such centre in Jharkhand, counsel argues. #NLSIU #NLAT @NLSIUofficial
Poovayya - We have decreased the internet requirements to 512 kbps. NLSIU has made special arrangement with @idia to cater to needs of students who don't have access to computers/internet #NLSIU #NLAT @NLSIUofficial @poovayya
We have reduced the number of questions without changing the pattern. We are not testing students on aptitude of law, Poovayya.

30,298 students have already registered. Only a handful of students are raising grievances against NLAT #NLSIU #NLAT @NLSIUofficial @poovayya
Poovayya taking Court through the NLAT notification and the justification for holding a separate entrance exam #NLSIU #NLAT @NLSIUofficial @poovayya
I want to find out if students from Jharkhand will face any difficulty in writing the exam, Justice Shankar.
Arrangements will be made in case students are facing difficulties. Even lawyers are offering their offices to students who want to write the exam, Poovayya. #NLSIU #NLAT
NLSIU VC (in capacity of Secretary Treasurer of NLU Consortium) filed affidavit in Delhi HC saying that online exam would not be feasible for CLAT, counsel for petitioner argues #NLSIU #NLAT @NLSIUofficial @poovayya
Will separate exam be held only this year or every year? Court asks. Poovayya - Decision has been taken for this year. Executive Council of NLSIU will meet and decide future course of action #NLSIU #NLAT @NLSIUofficial @poovayya
The main issue is that of jurisdiction of the High Court, given the pan-India ramifications of the exam, Court posts matter for orders tomorrow. #NLSIU #NLAT @NLSIUofficial @poovayya
Jharkhand HC hears Plea challenging NLSIU's NLAT [LIVE UPDATES]
#NLAT @NLSIUofficial

barandbench.com/news/litigatio…
[BREAKING] If matter has pan-India ramifications, how can we adjudicate it? Jharkhand HC reserves orders in challenge to NLAT 2020

#nlat #NLAT @NLSIUofficial
barandbench.com/news/jharkhand…

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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
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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.
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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
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Pronouncement of judgment at 10:30 am

Track thread for all updates

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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.
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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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