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Apr 14 12 tweets 10 min read Twitter logo Read on Twitter
#CJIDYChandrachud and #SupremeCourtofIndia judge Sanjay Kishan Kaul to shortly speak at the inauguration of the National Conference on 'Mediation: At the Dawn of a Golden Age' at #DelhiHighCourt.

#Mediation #ADR Image
Parties in mediation are like passengers hiring a taxi, with mediator being taxi driver who helps parties reach their destination. While there could be bumps & detours on the way, mediator helps parties preserve their commercial & personal relationships. : Kaul J

#Mediation #ADR Image
I don't believe that mediation should be done because judiciary is overloaded. It's a superior method of resolving disputes & must be tried first because it permits parties to structure their solution, which court can't do, being bound by prevalent law : Kaul J

#Mediation #ADR Image
With mediation becoming more prevalent between parties, lawyers cannot fall behind...may be trained in ADR, which would allow them to offer alternative routes beyond adversarial process : Kaul J

#Mediation #ADR
Ld Attorney General made two announcements...delighted to hear them but was waiting for third announcement which never came. The motto of union government and its agencies should be MEDIATE, don't LITIGATE. : #CJIDYChandrachud

#Mediation #ADR Image
In today's fraught times, mediation has an important message for us as citizens. Are we losing the ability to talk to each other across the spectrum or engage in reasoned dialogue? : #CJIDYChandrachud

#Mediation #ADR
Is it not necessary to pick up something from mediation, that is, being good listeners, understanding others' points of view, & not wholly insisting that dogma we espouse only dogma that is relevant to the times? : #CJIDYChandrachud

#Mediation #ADR
Mediation can change way we see justice from adversarial, formal process tailored towards a zero-sum outcome, to more collaborative process focused on enabling parties to move forward constructively. More than a movement to declog the courts. : #CJIDYChandrachud

#Mediation #ADR
When govt, which is the largest litigant, mediates, it sends a message that govt is not adversarial opponent to our citizens. Govt must adopt robes of a friend, partner, & problem-solver, be it in terms of businesses, communities or families. : #CJIDYChandrachud

#Mediation #ADR Image
As a judge-mediator, I heard someone singing in my court...not something you would usually hear in a courtroom. It was the mother of the parties...brothers had been lost in litigation for last decade, she was singing a bhajan to bless me. : #CJIDYChandrachud

#Mediation #ADR
Women, particularly those belonging to marginalised communities, have found formal legal proceedings alienating, having historically been prevented from accessing law on equal footing. Mediation can make the law less intimidating for them. : #CJIDYChandrachud

#Mediation #ADR
For all mediators, I would advise everyone to borrow a life lesson from football coach Ted Lasso - Be curious & not judgemental. We know dangers of rushing to judgement on incomplete facts. Curiosity fixes this w patience & active listening. : #CJIDYChandrachud

#Mediation #ADR

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More from @LiveLawIndia

Apr 13
#SupremeCourt hears plea challenging removal of 4% #OBCReservation for Muslims in Karnataka close to elections.

SG Mehta: My lords please grant time.

Sr Adv Dushyant Dave: It was already said that it will be taken for interim relief on Friday.

#SupremeCourt Image
Dave: My reservation is removed and given to some else few days before elections. They have removed 4% reservation for Muslims in Karnataka. It's completely against a series of SC judgements. Completely unconstitutional! Why is it done overnight? On the eve of election?
Dave: Without any report? It's against the 1996 Statute. I am shocked at how the government can add this in the GO!

#SupremeCourt #SupremeCourtOfIndia #OBCReservations
Read 72 tweets
Apr 13
Supreme Court is hearing appeal moved by State of Tamil Nadu challenging HC judgement which quashed ban on gutka, pan masala.

A Bench of Justices KM Joseph and BV Nagarathna hearing the matter.

#SupremeCourt
Sr Adv CD Vaidyanathan (for Respondents) : Please allow me to file a reply. Can there be a permanent Prohibition? There can be ban during a health emergency but no total Prohibition.

Sr Adv Abhishek Singhvi: Previous State notification expired years ago.
Sr Adv Kapil Sibal for govt: If it is injurious to public can the year on year argument be used? Can cancer depend on it?

Bench: Why don't you ban it permanently?

Sibal: That's for the Centre.

Bench: What you can't do directly? Can you do it indirectly?
Read 11 tweets
Apr 13
'Commander in Thief' - Bombay High Court to shortly hear Rahul Gandhi's plea seeking quashing of an FIR in Mumbai for his alleged defamatory remarks against PM Narendra Modi

#BombayHighCourt #DefamationCase @RahulGandhi @narendramodi Image
Hearing before the bench of Justice Amit Borkar

#RahulGandhi #BombayHighCourt
Kushal Mor for Gandhi, Nitin Pradhan for Complainant

#RahulGandhi #BombayHighCourt
Read 5 tweets
Apr 13
#SupremeCourt to hear shortly plea seeking contempt action against authorities in the State of Maharashtra over alleged failure to act against #hatespeech made against Muslims during rallies.

#SupremeCourt #SupremeCourtOfIndia #HateSpeech Image
The bench comprising Justice Joseph & Justice Nagarathna had earlier expressed concerns over failure of authorities to act against #hatespeech; SG Mehta argued that petitioners were selective & didn't include hate speech against Hindus.

Read more here-

livelaw.in/top-stories/ha…
SG Mehta: This matter seems to have wrongly come because it was to come on 28th April.

#SupremeCourt #SupremeCourtOfIndia #HateSpeech
Read 6 tweets
Apr 13
Prithvi Shaw Selfie Row:

Bombay High Court is hearing influencer Sapna Gill's plea to quash the FIR

@PrithviShaw #Prithvishaw #SapnaGill Image
Hearing before division bench of Justices Sunil B Shukre and MM Sathaye.

Advocate Ali Kashif Khan appearing for Gill.
#BombayHighCourt
Khan: There was no life-threatening injury. In fact it's me who got injured but not a single FIR was taken.

Khan contended that Shaw has filed the FIR against Gill just to get out of molestation charge.
Read 6 tweets
Apr 13
[State of WB v Suvendu Adhikari]

Sr Adv AM Singhvi: A PIL by a political leader will get transferred to CBI. Point two, the writ is filed on 27th and the order is passed on 28th. Third, in counter before HC I've denied the allegations.

#SupremeCourt #SupremeCourtOfIndia Image
CJI DY Chandrachud: When the police was supposed to investigate - if the police files this kind of counter, what kind of investigation...

Singhvi: The impugned order quotes selectively.

#SupremeCourt #SupremeCourtOfIndia
Singhvi: Your lordships have not given them a chance! How can the probe be transferred? What is the point of jurisdictional bar if CBI can enter your area without consent?

#SupremeCourt #SupremeCourtOfIndia
Read 32 tweets

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