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9 Oct, 6 tweets, 3 min read
Bench of Justices SS Shinde and MS Karnik
of Bombay HC hear the plea filed by Wadhawan brothers (DHFL) challenging the arrest order of Sessions Court, Chennai, granting custody of the brothers to Economics Offences Wing (EOW) Chennai.

#BombayHighCourt
Court asks Ar. Adv. Amit Desai appearing for the brothers if an order can be challenged in a writ court?

Desai explains to the court that the prayers in the petition are essentially in the nature of the habeas corpus.

#BombayHighCourt
Desai points out to the court that the Sessions Court, Chennai granted an ex-parte order of custody without following the proper procedures given under CrPC.

He adds that both the brothers are now in the custody of Chennai police.

#BombayHighCourt
Court asks who is appearing for the Chennai police.

They remind Desai that they cannot pass an ex-parte order against another ex-parte order.

Desai points out that the Chennai police has been served twice. They are not willing to appear.

#BombayHighCourt
Court proposes to issue a notice to the Chennai police to appear on Thursday.

They direct Desai to forward all case-laws to Addl. Public Prosecutor.

Desai seeks leave from the Court to update the recent updates from Chennai.

#BombayHighCourt
Desai also seeks leave to notify the Adv. who appeared for the Chennai police in the Special PMLA court of Mumbai.

Court will hear the matter on Thursday October 15 and examine the order challenged.

#BombayHighCourt

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More from @barandbench

Bar & Bench Profile picture
9 Oct
#2G: Delhi High Court to shortly begin hearing appeals preferred by CBI and Enforcement Directorate against the acquittal of all accused in 2G Spectrum case.

Justice Brijesh Sethi is hearing the appeals on a day-to-day basis.

#ARaja #2GAppeals

@dir_ed
The appeals are at the stage of "leave to appeal".

The acquitted accused have alleged that the appeals were not filed in accordance with law.

#2G #2GAppeals
Appeals were listed for hearing at 2.30 PM.

Hearing yet to start.
Read 77 tweets
Bar & Bench Profile picture
9 Oct
CHALLENGE TO TRIBUNAL RULES, 2020:

#SupremeCourt Bench headed by Justice L Nageswara Rao resumes the hearing on petition filed by the Madras Bar Association (MBA) assailing the Tribunal Rules of 2020 on grounds of being in violation of principles of separation of power.
Attorney General for India KK Venugopal begins making his submissions.

AG: Supreme Court in Rojer Mathew had upheld Section 184 of Finance Act in its entirety which says that the tenure should not exceed five years.

#SupremeCourt #TribunalRules
AG: Reappointment is by the same selection committee. This is an entirely safe procedure where if a member is writing judgements in time and is working with integrity, then the member can be reappointed.

#SupremeCourt #TribunalRules
Read 32 tweets
Bar & Bench Profile picture
9 Oct
Bench of Justices SS Shinde and GS Kulkarni hears plea filed by Sameet Thakkar (accused of publishing objectionable caricatures against the Uddhav Thackeray Chief Minister of Maharastra) today.

@CMOMaharashtra
@thakkar_sameet

#BombayHighCourt
Adv. Abhinav Chandrachud appearing for Thakkar points out that a fresh FIR is filed with BKC police by same complainant.

Chandrachud seeks directions to the police to not arrest Thakkar as he is going to co-operate with the police and for a copy of the FIR be given to Thakkar.
Court notes that Thakkar had previously not co-operated with the police based on records which show there were several notices sent.

Chandrachud points out that as soon as the Court granted him protection from arrest, he appeared before the police station.
Read 8 tweets
Bar & Bench Profile picture
9 Oct
State informs the #BombayHighCourt , they are willing to increase no. of local trains. AG Kumbhakoni for State said: State is acting parens patriae.

Bench of Chief Justice and Justice GS Kulkarni hearing the matter pointed out that they can pass guidelines for safer travel.
AG Kumbhakoni for State argued that they were trying to open the sectors in a phase-wise manner so as to ensure there is no burden on the medical care facilities.

But since now, the number of affected people is reducing, they have started opening more sectors.
AG also pointed out that citizens are not strictly complying with social distancing rules.

Court: What have you done for the employees of restaurant and cinema?

Court asked State to assess new demands that will come up after opening of new sectors.

#BombayHighCourt
Read 13 tweets
Bar & Bench Profile picture
9 Oct
Supreme Court to shortly hear a plea by a bunch of CLAT-2020 aspirants seeking a declaration that the conduct of #CLAT2020 violated Articles 14 & 15.

Petitioners pray for the Court to quash the exam and for a direction to the Consortium to re-conduct the exam

#SupremeCourt
Adv Gopal Sankaranarayanan: This year has been the worst ever in conducting CLAT. This exam was conducted online

Justice Ashok Bhushan: This was a difficult year?

Sankaranaryanan: Other online exams were also held this year. CLAT consortium says 21,000 objections were recieved
Sankaranaryanan: In lot of questions, wrong model answers were given. Out of 40,000 objections, 20,000 were on question and answers. I am on the other 20,000. The cut off in this exam is not even 0 but -4. This is not only in this exam but in the history of any exam
Read 17 tweets
Bar & Bench Profile picture
8 Oct
TRP SCAM: Mumbai Police launches an investigation into the manipulation of TV ratings.

Republic TV officers to be investigated.

@republic @MumbaiPolice
BARC (Broadcast Audience Research Council) used a agency called Hamsa Research Group which installed meters that tested these ratings.

Mumbai Police Commissioner says 2 Marathi channels and Republic alleged to be involved.

@MumbaiPolice @republic
Mumbai Police Commissioner has filed a case on criminal breach of trust. Says, will share the findings with the Union Information and Broadcasting Ministry.

@MumbaiPolice #RepublicTV @CPMumbaiPolice #BARC #ArnabGoswami #TRPScam
Read 11 tweets

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