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Legal Desire Reporter

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Eminent lawyer & former Union law minister Ram Jethmalani passed away on 8th September morning. He was 95.

He served as the Union law minister and President of Supreme Court

Bar Association. He was also the chairman of the Bar Council of India. He had announced his retirement in September 2017. Jethmalani had fought several high-profile cases and had represented controversial clients.

Jethmalani had been on round the clock medical help for last two weeks. He is survived by his son, noted lawyer Mahesh Jethmalani, and a US-based daughter. His other daughter Rani Jethmalani had pre-deceased him. Born in Sikhapur of Sindh province on September 14, 1923, Ram Jethmalani fought many high-profile cases in the Supreme Court, high courts and trial courts. One of the cases he will be remembered for is the KM Nanavati vs State of Maharashtra case in which he was the prosecutor. Since then, Jethmalani has fought several other high-profile cases which included the

defence of Rajiv Gandhi’s killer in Madras High Cout in 2001. He also defended Harshad Mehta and Ketan Parekh in the Securities scam of 1992. Jethmalani had also defended the death sentence given to Afzal Guru and represented Manu Sharma in the Jessica Lall murder case. Jethmalani was later elected as the president of Supreme Court Bar Association in 2010.

In 2018, He was conferred with Lifetime achievement Award by Legal Desire. Among other achievements, Jethmalani was elected as a BJP MP in the sixth and seventh Lok Sabha. Apart from Union law minister, he also held the portfolio of urban development in Atal Bihari Vajpayee-led NDA government.

Many have described Jethmalani’s death as a loss for the legal fraternity as he was one most respected lawyers in the country.

Read Inside: List of Controversial cases fought by Ram Jethmalani (Page No 20)

India’s Eminent Lawyer Ram Jethmalani passed away Inside:

Judgments

Law Firm & In-House

Updates

Deals Reporter

Interviews

Read to Know

USA Scholarship

Guide

& More...

September 2019

The Centre on September 18 cleared the

appointments of Justices V. Ramasubramanian,

Krishna Murari, S. Ravindra Bhat and Hrishikesh

Roy as Supreme Court judges.

The Supreme Court Collegium led by Chief Justice

of India Ranjan Gogoi had recommended Chief

Justices of Himachal Pradesh, Punjab and Haryana,

Rajasthan and Kerala High Courts, V.

Ramasubramanian, Krishna Murari, S. Ravindra Bhat and Hrishikesh Roy, respectively, as apex court judges on

August 28.

The Supreme Court vacancies had increased its judicial strength from 31 to 34 following the enactment of the

Supreme Court (Number of Judges) Bill of 2019 into law. One of the four judges would replace the vacancy

following the retirement of Justice A.M. Sapre recently.

Supreme Court gets 4 New Judges

Interview:

Maria Z. Vathis,

President of Federal Bar Association

Sujata Chaudhri, Founder & Managing Partner, SCIP Attorneys

Sneak peak:

List of Controversial Cases fought by Ram Jethmalani Top USA Law School Scholarships to Apply Step by Step Guide to Register GST Government proposed to cut IPR processing fees for MSME, Startups

https://www.thehindu.com/tag/Supreme_Court/?utm=bodytag

https://www.thehindu.com/news/cities/Madurai/scholarly-judge-bids-adieu/article8507368.ece

https://legaldesire.com/in-conversation-with-maria-z-vathis-president-of-the-federal-bar-association/

https://legaldesire.com/in-conversation-with-maria-z-vathis-president-of-the-federal-bar-association/

https://legaldesire.com/in-conversation-with-sujata-chaudhri-founder-managing-partner-scip-attorneys/

https://legaldesire.com/in-conversation-with-sujata-chaudhri-founder-managing-partner-scip-attorneys/

2

Legal Desire Reporter Monthly September, 2019 India News

Government constitutes Company Law Committee for examining and making recommendations on various provisions and issues pertaining to implementation of the Companies Act

In line with the Government’s objective of promoting Ease of Living in the country by providing Ease of Doing Business to law abiding corporates, fostering improved corporate compliance for stakeholders at large and also to address emerging issues having impact on the working of corporates in the country, it has been decided to constitute a Company Law Committee for examining and making recommendations to the Government on various provisions and issues pertaining to implementation of the Companies Act, 2013 and the Limited Liability Partnership Act, 2008.

The Company Law Committee shall comprise of the following members:-

The terms of reference of the Committee are as follows:-

Analyze the nature of the offences (compoundable and non- compoundable) and submit its recommendation as to whether any of the offences could be re-categorized as ‘civil wrongs’ along with measures to optimize the compliance requirements under the Companies Act, 2013 and concomitant measures to provide further Ease of Doing Business;

Examine the feasibility of introducing settlement mechanism, deferred prosecution agreement, etc., within the fold of the Companies Act, 2013;

Study the existing framework under the Limited Liability Partnership Act, 2008 and suggest measures to plug the gaps, if any, while at the same time enhancing the Ease of Doing Business;

Propose measures to further de-clog and improve the functioning of the NCLT;

Suggest measures for removing any bottlenecks in the overall functioning of the statutory bodies like SFIO, IEPFA, NFRA, etc. under the Act ;

Identify specific provisions under the Companies Act, 2013 and the Limited Liability Partnership Act, 2008 which are required to be amended to bring about greater Ease of Living for the corporate stakeholders including but not restricted to review of Forms under the two Acts;

Any other relevant recommendation as it may deem necessary. The Committee shall submit its recommendations in phases and subject-wise to the Government from time to time as may be decided by the Chairperson of the Committee.

The Committee shall initially have a tenure of one year from the date of its first meeting.

S. No. Name of Person/ Institution Position

1. Secretary, MCA Chairman

2. Dr. T. K. Viswanathan, Ex- Secretary General, Lok Sabha

Member

3. Shri Uday Kotak, MD, Kotak Mahindra Bank

Member

4. Shri Shardul S Shroff, Executive Chair-man, Shardul Amarchand Mangaldas & Co.

Member

5. Shri Amarjit Chopra, Senior Partner, GSA Associates, New Delhi

Member

6. Shri Rajib Sekhar Sahoo, Principal Partner, SRB & Associates, Chartered Accountants, Bhubaneswar

Member

7. Shri Ajay Bahl, Founder and Managing Partner, AZB & Partners, Advocates & Solicitors

Member

8. Shri G. Ramaswamy, Partner, G. Ramaswamy & Co. Chartered Ac-countants, Coimbatore

Member

9. Shri Sidharth Birla, Chairman, Xpro India Limited

Member

10. Ms. Preeti Malhotra, Group President, Corporate Affairs & Governance, Smart Group

Member

11. Joint Secretary (Policy) Member Secre-tary

Ministry of Corporate Affairs

Ministry of Commerce & Industry

Government proposed to cut IPR processing fees for MSME, Startups

The government has proposed to reduce fees for various intellectual property rights like patents and designs for micro, small and medium enterprises and startups. Recognising the importance of nurturing innovation and creativity in a knowledge economy, India is taking great strides in strengthening its intellectual property ecosystem. Further, given the key role played by MSMEs in the economic growth of India, it is proposed to reduce the fees for various IPRs as shown in table on next page.

3

September, 2019 India

Legal Desire Reporter Monthly September, 2019 India

IPR ACTIVITY CATEGORY CURRENT FEES

PROPOSED FEES

REDUCTION (%)

PATENTS FILING MSME 4000/ 4400 1600/ 1750 60

REQUEST FOR EXAMINATION

10000/ 11000 4000/ 4400 60

EXPEDITED EXAMINATION (only e-filing)

25000 8000 68

RENEWAL 2000 to 20000 (+10% for phys-ical filing)

800 to 8000 (+10% for phys-ical filing)

60

DESIGNS FILING MSME/ Startup

2000 1000 50

GEOGRAPH-ICAL INDICA-TIONS

REGISTRATION AUTHORISED USER

500 NIL 100

ISSUANCE OF REGISTRATION CERTIFICATE

100 NIL 100

RENEWAL 1000 NIL 100

Fees structure is for e-filing/ physical filing. Draft Rules for amendment in GI Rules have been notified.

National IPR Policy adopted by the Government in 2016 has paved the way to further strengthen the IPR regime in the

country. Already, the concrete steps undertaken in the past 5 years have seen IP filings rise:

Domestic filing for patents has increased from 22% in 2013-14 to 34% in 2018-19. Awareness programmes for IP are

being conducted at schools, colleges, universities, R&D institutes and industry clusters. Multi-pronged strategies have

been used to address the issue of pendency in IP applications, including manifold augmentation of manpower and stream-

lining of procedures.

These strategies have paid rich dividends, and there has been a sharp jump in the disposal of IP applications:

Filing of IP applications Increase from 2013-14 to 2018-19 (%)

Patents 18

Trademarks 69

Disposal of IPR applications Increase from 2013-14 to 2018-19 (%)

Patents 353

Trademarks 395

News

4


Asst. Provident Fund Commissioner EPFO, Bareilly

Vs

M/s U.P. State Warehousing Corp. & Anr.

BACKGROUND OF THE CASE:

The Corporation is inter alia en-gaged in the business of stocking the grains and other commodities in its Go-down. The work of loading and unload-ing of the commodities in the Godown is done by the workers on regular basis. The stocking, loading and unloading in its Godowns is done through Contractor, who, in turn, employs the workers for doing the work of loading and unloading for the Corporation in their Godowns.

To decide this question accordingly appellant issued notice to the Corporation under Section 7A of the Warehousing Corporation Act and called the Corpora-tion to pay the arrears due towards provi-dent fund contribution of these workers (159) in accord-ance with the provisions of the Ware-housing Corporation Act.

BENCH: Justice Uday Umesh Lalit

PETITIONER’S APPEAL:

Petitioner issued notice to the Corpora-tion under Section 7A of the Warehous-ing Corporation Act and called the Cor-poration to pay the arrears due towards provident fund contribution of these workers (159) in accord-ance with the provisions of the Ware-housing Corporation Act.

REPONDENT’S APPEAL:

Respondent contested that there was no relationship of employer and employee between the Corporation and these work-ers. The same question was raised before Labor Court and was decided in the favor of workers, but the same was challenged in High Court and was decided in favor of Corporation. Hence the proceedings are wholly devoid of any merit and be withdrawn.

ISSUE:

An appeal is filed against the final judg-ment and order passed by High Court of Judicature at Allahabad

JUDGMENT:

A SLP is filed with regard to the same keeping in view the definition of “employee” and the special inference to

the same can change the view of the whole case. Keeping in view all the judg-ments and orders and the pleas raised, the High Court is requested to look into the matter again and decide the writ petition expediously.

Raja Ram

Vs

Jai Prakash Singh & Ors.


Plaintiff alleged that sale deed executed by his father in favour of defendant no.1, was obtained fraudulently and by exer-cise of undue influence - According to plaintiff, mental capacity of deceased, who was over 80 years old, was impaired - He was bed ridden and had deteriorated eye sight - Further alleged that defendant no.1 did not have enough money to pay sales consideration. Held, there can be no presumption about loss of mental facul-ties merely because of old age. Ageing affects individuals differently. Just two years prior to execution of present sale deed, deceased had executed a sale deed in favour of third parties which was not assailed on ground of mental impairment. It was not shown that there was rapid deterioration in his mental status during these two years.

Appellant only made a bald statement about mental impairment without any proof. Even statement that deceased was bed ridden was falsified by the fact that he had appeared before sub-registrar for registration. He had put his thumb im-pression after sale deed was read over and explained to him. Hardness of hear-ing by old age could not have been equat-ed with deafness. He had acknowledged receipt of entire consideration. Plaintiff could have led evidence in rebuttal of the sub-registrar but he did not do so. Sale deed being registered, there was a pre-sumption in favour of the defendants. Onus for rebuttal was on plaintiff, which he failed to discharge

BENCH:

Justice Navin Sinha

Justice Indira Banerjee


The appellant submitted that the de-ceased was old, infirm, bedridden and sick for approximately the last 8 to 10 years. His mental faculties were also im-paired. He was therefore entirely depend-ent on the original defendants who were therefore in a position to exercise undue

influence over him. The deceased expired on 21.04.1971 within ten months of the execution of the sale deed. The witnesses to the sale deed were related to defendant no.2. It had not been established that full consideration had been paid. Defendant no.1 had no source of income to pay the purchase price. The wife of the deceased has not been examined as witness. The defendants did not lead the evidence of the Sub Registrar who had registered the sale deed. The deceased had not sold any land to third persons in the year 1968 as contended by the defendants.

REPONDENT’S APPEAL:

The respondent submitted that under Sec-tion 101 of the Evidence Act, 1872 the initial onus lay on the plaintiffs by estab-lishing a prima facie case for undue in-fluence and only then the onus would shift to them. The necessary pleadings in respect of the same were completely lacking. The First Appellate Court wrongly shifted the burden upon the re-spondents. The deceased may have been old and infirm, but he was not deprived of his mental faculties so as not to know the nature of documents executed by him. He was alive approximately for ten months after the execution of the deed, but never questioned the same. The de-ceased had executed another sale deed two years earlier in 1968, Exhibit 10 in favour of third persons which has not been questioned by the appellant. It es-tablishes that the deceased was not in a condition where undue influence could be exercised over him. There can be no presumptions merely on account of his old age. DW1 was a witness to the sale deed and was present at the time of regis-tration. The deceased admitted before the sub-registrar having received a sum of Rs.2,000/ earlier and Rs.4,000/ was paid at the time of registration. The Sub Reg-istrar has not recorded any adverse infer-ences about the condition or capacity of the deceased at the time of registration. A registered instrument will carry a pre-sumption about its correctness unless rebutted

ISSUE:

The primary question for our considera-tion is the physical condition of the de-ceased and his capacity to execute the sale deed. The second question for our consideration is if the original defendants nos.1 and 2 exercised undue influence over the deceased in having the sale deed executed in favour of defendant no.1 because of the physical infirmity of the deceased on account of his old age.

JUDGMENT:

The first appellate court, completely

Judgments

5



erred in appreciation of the facts and evi-dence in the case. There can be no appli-cation of the law sans the facts of a case. The primary ingredients of the law need to be first established by proper pleading supported by relevant evidence. Cases cannot be decided on assumptions or presumptions. We do not think that the present calls for exercise of any discre-tionary jurisdiction under Article 136 of the Constitution as a fourth court of ap-peal. On a consideration of the entirety of the matter we find no reason to interfere with the concurrent findings arrived at by two courts. The appeal is dismissed. There shall be no order as to costs.

The State of Maharashtra and others

Vs

M/s Moti Ratan Estate and another BACKGROUND OF THE CASE:

The writ petitions and has quashed the entire acquisition proceedings with re-spect to the acquired lands solely on the ground that the acquisition has lapsed as the awards under Section 11 of the Land Acquisition Act, 1894 were not declared within a period of two years from the date of declaration made under Section 6 of the Act, the State of Maharashtra and others have preferred the present appeals.


The original land owners challenged the acquisition and the notification under Section 4 of the Act dated 01.03.2012 by filing Writ Petition No. 7867 of 2012 on 09.05.2012. It was submitted that the entire acquisition has been lapsed as the award was not declared within a period of two years from the date of publication of the declaration under Section 6 of the Act. It was submitted on behalf of the State that in view of the pending pro-ceedings challenging the acquisition as well as in view of the interim stay grant-ed by the High Court directing that the possession of the acquired land shall not be disturbed and in view of the specific stay order granted in Writ Petition Nos. 3051/2013 and 3159/2013 restraining the State from declaring final award, the pe-riod during which stay was operating is required to be excluded and if such peri-od is excluded, in that case, the award was declared within a period of two years and therefore there is no question of laps-ing the acquisition proceedings. Howev-er, by the impugned judgment and order, the High Court has set aside the acquisi-tion proceedings solely on the ground that the acquisition has lapsed as the award under Section 11 of the Act has not been declared within a period of two

years from the date of publication of the declaration under Section 6 of the Act. It is required to be noted that so far as chal-lenge to the acquisition on other grounds is concerned, the High Court held against the original writ petitioners. However, set aside the acquisition solely on the ground that the award under Section 11 of the Act has not been declared within a period of two years from the date of declaration under Section 6 of the Act.

RESPONDENT’S APPEAL:

the High Court has rightly quashed and set aside the acquisition proceedings on the ground that the award under Section 11 of the Act has not been declared with-in a period of two years from the date of declaration under Section 6 of the Act. It is submitted that in the facts and circum-stances of the case, the High Court has rightly observed that Section 11A of the Act would be attracted and therefore due to nondeclaration of the award within a period of two years from the date of dec-laration under Section 6 of the Act, the acquisition proceedings have been lapsed.

ISSUE:

The original writ petitioners challenged the acquisition proceedings including the notification under Section 4 of the Act. The High Court passed the interim order directing that the possession of the origi-nal writ petitioners shall not be disturbed. Simultaneously, the other land owners whose lands were acquired under the very same notification and of the very village Asarjan and acquired for the very project also challenged the acquisition proceedings by filing Writ Petition Nos. 3051/2013 and 3159/2013. The High Court granted stay to the acquisition pro-ceedings on 12.11.2013 which subse-quently came to be modified and it was directed that the final award shall not be declared.

JUDGMENT:

All these appeals succeed. The impugned judgments and orders passed by the High Court are hereby quashed and set aside. Consequently, the writ petitions filed before the High Court stand dismissed. In the facts and circumstances of the case, there shall be no order as to costs.

M/s Geo Miller & Co. Pvt. Ltd.

Vs

Chairman, Rajasthan Vidyut Utpadan Nigam Ltd.


The appeals arise out of the common judgement dated 25.1.2007 of the High Court of Rajasthan at Jaipur Bench dis-missing the three Arbitration Applica-tions Nos. 25/2003, 27/2003 and 28/2003 (‘Arbitration Applications’) filed by the appellant under Section 11(6) of the Ar-bitration and Conciliation Act, 1996 (hereinafter referred to as ‘the 1996 Act’) seeking appointment of an arbitrator for adjudication of the disputes between the common appellant and the respondent in these appeals.

BENCH:

Justice N.V. Ramana

Justice Mohan M. Shantanagoudar

Justice Ajay Rastogi JJ.

PETITIONER’S APPEAL

The appellant’s case is that the respond-ent failed to make the payments due to them under the three contracts. Till 1997, the appellant was involved in discussions with the respondents in respect of the outstanding payments and the respondent kept delaying their decision on the same. On 4.10.1997 the appellant approached the Settlement Committee constituted by the respondent Board for release of the outstanding payment. It is the appellant’s case that they were required to have pur-sued the matter with the Settlement Com-mittee prior to initiating arbitration. However the Settlement Committee also failed to respond to their representations. They further contended that the cause of action arose not in 1983 or 1989, but by the letters dated 17/18.12.1999 in which the respondents repudiated the appel-lant’s claims. The period prior to 18.12.1999 during which the parties were negotiating and corresponding with each other could not be counted for the pur-pose of computing the limitation period. It was due to the respondent’s delay in responding to the representations sent by the appellant that delay arose in filing the Arbitration Applications. Hence the Ar-bitration Applications are not barred by limitation.


Though strictly speaking the 1996 Act came into force from 22.8.1996, for all practical purposes it is deemed to have been effective from 25.1.1996, which is when the Arbitration and Conciliation Ordinance, 1996 came into force. Hence if the date of notice was prior to 25.1.1996, the 1940 Act will apply. If the date of notice was on or after 25.1.1996, the 1996 Act will apply to the arbitral proceedings though the arbitration clause contemplated proceedings under the 1940

Judgments

6


Act.

ISSUE:

The limited issue which arises for our consideration is therefore, whether the Arbitration Applications, on the facts of this case, are barred by limitation or not.

JUDGMENT:

It is the appellant’s own default in sleep-ing over his right for 14 years will not constitute a case of ‘undue hardship’ justifying extension of time under Sec-tion 43(3) of the 1996 Act or show ‘sufficient cause’ for condonation of de-lay under Section 5 of the Limitation Act. The appellant should have approached the Court for appointment of an arbitrator under Section 8(2) of the 1940 Act with-in the appropriate limitation period. We agree with the High Court’s observation that the entire dispute seems concocted so as to pursue a monetary claim against the respondents, taking advantage of the provisions of the 1996 Act. Hence the appeals are dismissed and the impugned judgement and order is confirmed.

Syed Zainul Abedeen

vs

The Rajasthan Board of Muslim Wakf


Section 6, proviso, Section 56 – Limita-tion Act, 1963, Article 113 - Maintaina-bility of suit – Limitation – In an inquiry conducted by Survey Commissioner un-der Section 4(4), suit properties held to be Wakf Al Allah - On basis of survey report, subject property was included in list of wakfs, which was published in the Official Gazette on 2.12.1965 - Appel-lant/plaintiff filed a suit on 17.1.1967 – Maintainability of suit questioned as suit was filed beyond period of limitation of one year as provided under 1st proviso to Section 6 – According to appellant sub-ject property in question was not Wak-fAlAllah but “Wakf–AlalAulad” and hence, limitation period of 3 years as provided in terms of Article 113 of the Limitation Act was applicable. Held, such argument is rejected in view of pro-viso to Section 6 which states that no suit shall be entertained after expiry of one year from the date of publication of the list of wakfs under Section 5(2). Parlia-ment in its wisdom has attached finality to the list of wakfs published in the Ga-zette by couching proviso in a negative language. Once the list was published in the Gazette, a presumption arose that it became known to the general public. Hence dispute regarding the nature of

wakfs registered in the list should have been raised within one year. Admittedly suit was filed beyond this period. Fur-thermore, Survey Commissioner had recorded the findings after affording opportunity of hearing to the parties in-cluding appellant.

BENCH:

Justice N.V. Ramana

Justice Ajay Rastogi JJ.


The appellant/plaintiff filed a suit under Section 6 of the Act, 1954 seeking the following declarations: “(i) A declaration may be issued to the effect that the property Mandarja Mad-number 14 as mentioned in the suit is not Wakf Allah and the same is Wakf Alal Aulad. (ii) Hukum Imtanai consequential be issued against the defendant with the direction that the defendant shall not treat the property Mundarja Madnumber as Wakf Allah and the defendant will regis-ter the aforesaid property except Mosque and Mazar as Wakf Alal Aulad and if it has been registered wrongly the same be corrected. (iii) The defendant be directed to the cost of the suit. (iv) Such further or further(s) orders as may be in the interest of justice.” RESPONDENT’S APPEAL:

The respondent/defendant raised a pre-liminary objection that the suit filed by the appellant/plaintiff is beyond the peri-od of limitation of one year as provided under 1st proviso to Section 6 of the Act, 1954 and accordingly was not maintaina-ble.

ISSUE:

Is the suit is fit under the provision of Section 6 of Wakf Act and within the period of limitation under the provisions of 113 Limitation Act or not.

JUDGMENT:

No error in the orders passed by the Courts below which calls for our interfer-ence. Consequently, the appeal is with-out substance and accordingly dismissed. Pending application(s), if any, stand dis-posed of.

Jagbir singh

vs

State (N.c.t. of Delhi)


The case is revolving around the incident of bride burning under Section 32 of the Indian Evidence Act, 1872. Defense of appellant that there was a conspiracy to falsely implicate him so as to eliminate his chance of succeeding to the property of his mother-in-law (PW7), whether can be accepted - PW7 was a widow, who had three married daughters - Deceased was one of them - According to appel-lant, PW.1 (husband of one of the daugh-ters) tutored deceased to give incrimina-tory dying declaration on 27.01.2008 - PW.1 admitted that he called police i.e. PW.29 for recording the dying declara-tion without informing the hospital au-thorities. The dying declaration was three times given by the respondent and the question is to examine which dying dec-laration is to be taken into consideration.

BENCH:

Justice Sanjay Kishan Kaul

Justice K.M. Joseph JJ.


The appellant stands convicted under Sections 302 and 506 of the Indian Penal Code, 1860 (hereinafter referred to as ‘the IPC’, for short) by the Trial court, and the appeal carried by him before the High Court being unsuccessful and is, therefore, before this Court. The appel-lant would undoubtedly emphasise that this is a case where there are three dying declarations. In the first two dying decla-rations, which were given by the de-ceased herself, no incriminatory role is attributed to the appellant. Rather, the cause of her catching fire is attributed to an accident generated by the appellant lighting his biri. It is submitted that there is evidence of PW1-husband of the sister of the deceased visiting the deceased at the hospital on 26.01.2008. It is on the very next day, i.e. 27.01.2008, as a result of the tutoring and prompting by PW1, that the deceased comes up with a com-pletely different version in the dying dec-laration. The mother of the deceased-PW7 was also in the hospital. The theory of conspiracy to sabotage the claim to the property is pressed into service.


The deceased was married to the appel-lant in the year 1999. He was unem-ployed at that time. Later, he secured employment in the C.R.P.F.. He did not take his wife on the basis that he could not take her far away. Wife continued to reside with the mother of the deceased at her house. Appellant used to harass his

Judgments

7



wife and had illicit relationship with the wife of his brother. A Panchayat was held. A settlement was arrived at, pursu-ant to which, after four years, when the appellant was transferred to Delhi, he assured the mother of the deceased that he will not harass his wife and he started residing at the house along with his wife and mother-in-law. It is the further case of the prosecution that the appellant con-tinued to have an affair with the wife of his brother. On 23.01.2008, the mother of the deceased went to the matrimonial home of another daughter. On 24.01.2008, at about 06.00 P.M., the ap-pellant came to the house under influence of liquor, and in short, poured kerosene oil upon his wife and also some kerosene oil over himself and threw a lighted matchstick on his wife. Initially, both, the appellant and the deceased, were taken to the hospital. Initially, the wife gave state-ment which did not implicate the appel-lant. However, on 27.01.2008, a dying declaration was made by the deceased pointing the finger of blame clearly at the appellant and attributing the act of pour-ing kerosene and setting her ablaze to him. Initially, a First Information Report was lodged on 27.01.2008 on the basis of the dying declaration dated 27.01.2008 under Section 307 of the IPC, which was, upon the deceased succumbing to the burn injuries, converted to Section 302 of the IPC. This is besides a charge under Section 506 of the IPC for extending threat to his wife.

ISSUE:

The court has to examine the principle of evaluation of any dying declaration. Whether appellant was responsible for the death of respondent or not.

JUDGMENT:

In the above facts and circumstances, the court has no ground to interfere. The appeal will stand dismissed. Since, appel-lant has been released on bail, his bail bonds shall stand cancelled and he shall be taken into custody.

Rabindra Kumar Shaw

vs

Union of India, Ministry of Defence & Ors.


Appellant failed to perform duty of oper-ator-cum-detachment in-charge of radio monitoring detachment unit on 30.7.2009 - He again absented himself from duty, despite direction on 3.8.2009 by superior officer - Tentative charges were framed -

He refused to sign Appendix A as di-rected by commanding officer - Services terminated on basis of finding recorded in summary court martial - Appeal dis-missed - Armed forces tribunal con-firmed termination - Justification. Held, armed forces personnel are different from civil servants. Absence from detachment unit and disobedience lawful command cannot be ignored lightly. There are ma-terials to support charges of disobedi-ence. Appellant also did not cooperate with the summary court martial and did not utilise the opportunity to defend him-self.

BENCH:

Justice L. Nageswara Rao

Justice Hemant Gupta JJ.


The Appellant denied the charges. Pro-ceedings were initiated before the Sum-mary Court Martial. Company Havaldar Major Pramod Kumar of Operation Sec-tion, 9th Corps deposed before the Sum-mary Court Martial that the Appellant failed to perform the duty of Operator-cum-Detachment In-charge of the Radio Monitoring Detachment Unit from 1900 hrs. to 2359 hrs. on 30.07.2009. As the Appellant did not report for duty as di-rected by him, Company Havaldar Major Pramod Kumar went to the Barrack and directed the Appellant to explain the rea-son for not reporting for duty. Thereafter, Pramod Kumar himself performed the duties of Detachment In-Charge during that night. The Appellant again absented himself from duty in spite of directions issued on 03.08.2009. The Appellant was marched up to the Commanding Officer, Colonel Rajiv Sud on 06.08.2009. Tenta-tive charges were framed and explained to the Appellant. The Appellant refused to sign Appendix ‘A’ as directed by the Commanding Officer.


The Respondents stated that the Appel-lant was not a raw soldier, having served the Army for a period of 9 years prior to the date of incident. Disobeying lawful command deliberately and intentionally is a serious charge. The learned Senior Counsel for the Respondent also stated that the Appellant refused to sign any documents, cross examine the witnesses or make a statement in his defence. He deliberately did not summon any defence witness.

ISSUE:

The Appellant was enrolled in the Indian Army on 27.07.2000 in the Corps of Sig-

nals. When he was posted with the 9th Corps Air Support Signal Unit (CASSU), he was charged for disobedience of law-ful command given by his Company Havaldar Major (CHM) Pramod Kumar.

JUDGMENT:

The Armed Forces personnel are differ-ent from civil services. Not being present at his detachment unit and disobeying the lawful command cannot be ignored light-ly. There is abundant material to show that the Appellant is guilty of disobeying the lawful command of his superiors not once but on two occasions. The Appel-lant is also guilty of deliberately not co-operating with the Summary Court Mar-tial. It is also clear from the record that he did not utilize the opportunity to de-fend himself. The penalty of termination of service of the Appellant cannot be said to be incommensurate with the delin-quency. In view of the above, we are of the opinion that the Armed Forces Tribu-nal did not commit any error in affirming the termination of service of the Appel-lant. The appeal is dismissed.

Khuman Singh

vs

State of Madhya Pradesh


This appeal arises out of the judgment dated 02.02.2018 in Criminal Appeal No.799 of 2006 passed by the High Court of Madhya Pradesh at Gwalior Bench in and by which the High Court affirmed the conviction of the appellant-accused under Section 302 IPC and under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atroci-ties) Act, 1989.

BENCH:

Justice R. Banumathi

Justice A.S. Bopanna JJ.


From the evidence and other materials on record, there is nothing to suggest that the offence was committed by the appel-lant only because the deceased belonged to a Scheduled Caste. Both the trial court and the High Court recorded the finding that the appellant-accused scolded the deceased Veer Singh that he belongs to “Khangar” Caste and how he could drive away the cattle of the person belonging to “Thakur” Caste and therefore, the ap-pellant-accused has committed the of-fence under Section 3(2)(v) of the Sched-

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8


uled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Section 3 of the said Act deals with the punish-ments for offences of atrocities commit-ted under the Scheduled Castes and the Scheduled Tribes (Prevention of Atroci-ties) Act, 1989.


To prove the guilt of the accused, the prosecution examined three eye witness-es viz. Rajaram (PW-1), Raghuveer (PW-2) and Badam Singh (PW-7) who have spoken about the occurrence and R.C. Bhoj, Police Incharge (PW-4), who has recorded Dehati Nalishi (Ex.-P1), Dr. Pradeep Sharma (PW-5) who has con-ducted post-mortem on the dead body of deceased and other witnesses. Upon con-sideration of evidence, the trial court held that the prosecution has proved the guilt of the accused beyond reasonable doubt and vide judgment dated 11.09.2006 con-victed the appellant-accused under Sec-tion 302 IPC and sentenced him to under-go life imprisonment. Since the deceased was a Scheduled Caste, the appellant-accused was also convicted under Sec-tion 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atroci-ties) Act and sentenced to undergo life imprisonment along with a fine of Rs.1,000/-. Being aggrieved, the appel-lant has preferred appeal before the High Court.

ISSUE:

Whether the conviction under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atroci-ties) Act can be sustained? Deceased belongs to “Khangar” Caste and in a wordy altercation, appellant-accused is said to have called the deceased by his caste name “Khangar” and attacked him with an axe. Calling of the deceased by his Caste name is admittedly in the field when there was a sudden quarrel regard-ing grazing of the buffaloes.

JUDGMENT:

In the result, the conviction of the appel-lant under Section 3(2)(v) of the Sched-uled Castes and Scheduled Tribes (Prevention of Atrocities) Act is set aside and he is acquitted of the said charge. The conviction of the appellant under Section 302 IPC is modified as convic-tion under Section 304 Part II IPC and is sentenced to undergo imprisonment to the period already undergone. Accord-ingly, the appeal is partly allowed and the appellant is ordered to be released forth-with, if his presence is not required in any other case.

Chennadi Jalapathi Reddy

vs

Baddam Pratapa Reddy (Dead) Thr Lrs. & Anr.


A suit for specific performance was filed by the plaintiff, Chennadi Jalapathi Red-dy (the appellant herein) in respect of the agreement of sale dated 20.04.1993 per-taining to House No. 15266 (new) situat-ed at Kaman Road, Karimnagar. It is his case that the first defendant in the suit, Baddam Pratapa Reddy (the first re-spondent herein, now deceased) agreed to sell the suit schedule house in his favour; that he was always ready and willing to perform his part of the contract; and though he had sufficient money to get the sale deed registered and had brought the availability of money to the notice of the first defendant, the latter did not execute the sale deed in his favour. The first de-fendant and his brother, Baddam Ram Reddy, sold their respective shares in the suit house in favour of the second de-fendant, Neethi Satyanarayana (the sec-ond respondent herein) after execution of the agreement of sale in favour of the plaintiff. The suit was initially filed against the first defendant. The second defendant was impleaded subsequently. It is relevant to note here that the plaintiff purchased half of the suit property from the second defendant after the impugned judgment was passed by the High Court.

BENCH:

Justice N.V. Ramana Justice Mohan M. Shantanagoudar Justice Ajay Rastogi JJ. PETITIONER’S APPEAL:

These appeals are directed against the impugned judgment dated 12.06.2008 passed by the High Court of Andhra Pra-desh at Hyderabad in Appeal Suit No. 1404 of 2004 and CrossObjection (SR) No. 50168 of 2004. By the impugned judgment, the High Court has reversed the judgment of the Trial Court dated 05.12.2003 passed by the IIIrd Addition-al District Judge at Karimnagar in O.S. No. 91 of 1996, in which the Trial Court had decreed the suit.


The defendants in their written statement denied the case of the plaintiff, specifi-cally alleging that the agreement of sale is forged.

ISSUE:

In light of these principles, it is necessary

to evaluate the correctness of the findings of the High Court as to the genuineness of the signature of the first defendant on Ext. A1.

JUDGMENT:

The High Court has wrongly observed that the plaintiff has not produced any evidence to prove that he demanded the performance of sale after the execution of the agreement of sale. The filing of a suit for specific performance of an agreement of sale is governed by Section 16(c) of the Specific Relief Act, 1963, read with Article 54 of the Schedule of the Limita-tion Act, 1963. In addition to this, Forms 47 and 48 of Appendix A of the Code of Civil Procedure, 1908 prescribe the for-mat of the plaint for such a suit. Thus, a plaint which seeks the relief of specific performance of an agreement/contract must comply with all these requirements. In the matter at hand, the plaintiff has specifically averred in his plaint that he was ready and willing to perform his part of the contract under the agreement of sale dated 20.04.1993. It was also specif-ically stated that the plaintiff had been demanding that the first defendant re-ceive the balance consideration of Rs. 58,800/ and execute a regular registered sale deed at his cost, but the first defend-ant had been avoiding the specific perfor-mance of the agreement of sale. In light of this, in our considered opinion, all the formalities which are to be pleaded and proved by the plaintiff for getting a de-cree of specific performance have been fulfilled. Moreover, there cannot be any proof of oral demand. Be that as it may, we are satisfied from the evidence that the plaintiff had sufficient money to pay the balance consideration to the first de-fendant and was ready and willing to perform his part of the contract. In view of the aforementioned reasons, the im-pugned judgment of the High Court is liable to be set aside. Accordingly, the judgment and decree passed by the Trial Court stands restored. The appeals are allowed accordingly.

Ketan Suresh Pawar & Anr.

vs

Yuvraj Sandeepan Sawant & Anr.


The petitioners are before this Court as-sailing the order dated 13.02.2019 passed by the High Court of Judicature at Bom-bay in Criminal Bail Application No.191 of 2019. Through the said order the learned Judge of the High Court has di-rected the release of the respondent No.1 herein subject to the conditions imposed

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9



therein. Though the petitioners were not parties to the proceedings before the High Court, being the complainants, which culminated in the registration of the F.I.R. No. 485 of 2014 registered under Sec. 420, 406, 465, 467, 468, 471 and 34 IPC on 27.11.2014 with Khar Police Station, they are in that view claiming to be aggrieved by the grant of bail.

BENCH:

Justice R. Banumathi

Justice A.S. Bopanna JJ.


The petitioners while assailing the order passed by the High Court has primarily contended that the order dated 13.02.2019 passed by the High Court does not assign any reason for the con-clusion to grant the bail. Though at this point, it is not disputed that a detailed order has also been passed by the High Court, the learned counsel would refer to the copy produced along with the counter affidavit filed on behalf of respondent No.1 to contend that the same was up-loaded only on 30.04.2019 and as such the reasons were not available on 13.02.2019. It is his further contention that the learned Judges of the Committal Court as also the learned Judge of the Sessions Court have rejected the bail application after assigning appropriate reasons. Despite that, the High Court without reference to these aspects of the matter has allowed the application. Inso-far as the allegations as contained in the complaint, it is contended that the re-spondent No.1 being an employee of MHADA has indulged in committing fraud and deceiving several persons. It is his further case that the respondent No.1 is highly influential and in that circum-stance, he had evaded arrest till Decem-ber, 2018. In view of his arrest, further investigation would be necessary and the additional charge sheet is to be filed. Hence his release on bail would not be appropriate.


Respondent contended that the High Court in fact has passed a detailed order on 13.02.2019 itself as is evident on the face of the order but if there was delay in uploading the same it cannot affect the validity of the order. It is pointed out that the delay in arresting the respondent No.1 is not on account of the respondent No.1 evading the arrest. It is his conten-tion that the respondent No.1 who is named Yuvraj Sandeepan Sawant is not in fact the person involved as the com-plaint was filed against one Yuvraj Patil

Sawant and the other persons named in the complaint. In that circumstance, it is contended that the High Court having referred to the nature of the complaint and also having taken into consideration that the other accused have been granted bail despite the remand application refer-ring to the role played by them, has granted bail to respondent No.1. In that view it is contended that when the High Court has taken note of all aspects and exercised the discretion to grant the bail the same does not call for interference.

ISSUE:

Whether bail should have been denied because serious allegations were levelled in the complaint or not.

JUDGMENT:

In that background in the case which was being dealt with and the bail was under consideration, he had been charged with the offence of facilitating the murder of a witness in a case in which he was being tried. In that background, having consid-ered all aspects this Court had arrived at such conclusion. Needless to mention, in a matter relating to consideration of a bail application the facts of each case will have to be weighed on its own merits keeping in view the principles for grant of bail, while exercising the discretion available to the Court. In that back-ground, in the instant case, for the rea-sons stated above the discretion as exer-cised by the High Court cannot be termed as erroneous. Accordingly, we see no reason to interfere with the order dated 13.02.2019 impugned herein. The special leave petition being devoid of merits stands dismissed.

Dr. Professor Rajendra Chaudhary & Anr.

vs

The State of Uttar Pradesh & Ors.


The controversy in the Appeals is regard-ing reservations to be applied for ap-pointment by direct recruitment to the posts of Professor in Medical Colleges in the State of Uttar Pradesh and enhance-ment of the maximum age limit from 45 years to 65 years. There was no direct recruitment to the posts of Professors in 12 Government Medical Colleges (Allopathy) for 12 years prior to 2015. An advertisement was issued on 21.12.2015 by the Uttar Pradesh Public Service Commission seeking applications for appointment by direct recruitment to 47 substantive vacant posts of Professors

in various Allopathic Medical Colleges. The said advertisement was subject mat-ter of challenge in a Writ Petition filed in the High Court of Judicature at Allaha-bad. Apart from other grounds, the main point raised by the Writ Petitioners was that no posts were reserved for Scheduled Castes, Scheduled Tribes and Other Backward Class candidates. The en-hancement of the upper age limit, from 45 years to 65 years, was also questioned in the Writ Petition on the ground that it was in violation of Uttar Pradesh State Medical Colleges’ Teachers Services (Second Amendment) Rules, 2005 (for short, ‘Service Rules’). Another adver-tisement was issued on 24.10.2017 revis-ing the eligibility criteria pertaining to educational qualifications.

BENCH:




The Appellants placed before us the Ser-vice Rules which govern the recruitment to the posts of Professors in Government Medical Colleges. Rule 5 of Service Rules provides for recruitment to the posts of Professors covered by Category ‘B” in Appendix ‘A’ by direct recruit-ment. Appendix ‘A’ to the Service Rules gives the sanctioned strength in all the specialties/ departments in the Govern-ment Medical Colleges. There are two Categories in Appendix ‘A’. Category ‘A’ pertains to posts that are to be filled up by personal promotion and Category ‘B’ relates to posts that are to be filled up by direct recruitment. According to the Appellants, the total number of posts and vacancies in the entire cadre has to be taken into account for providing reserva-tions for appointment to the posts of Pro-fessors. They allege that the action of the Respondents in not providing reserva-tions on the ground that the number of vacancies available in each speciality/department was less than four was unjus-tified.

It is the case of the Appellants that the upper age limit of 65 years prescribed by the advertisement is contrary to Rule 9 of the Service Rules. The Appellants argued that the enhancement of the upper age limit was done by a Government Order dated 06.02.2015. According to them, a rule made under the proviso to Article 309 of the Constitution of India could not be overridden by an executive order.


Respondent Nos. 1 and 2 justified their action in not providing reservations for

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10


appointment by direct recruitment to the posts of Professors. According to the Rules, 75 per cent of the posts shall be filled by personal promotion and remain-ing 25 per cent by direct recruitment. Reservation for candidates belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes category is pro-vided in Rule 6 of the Service Rules. The Reservation Act has been incorporated by reference into the Service Rules. The State contends that the proviso to Rules 6 is significant. The proviso makes it clear that the total number of posts belonging to each speciality/ department in Catego-ry ‘A’ shall be deemed as a single unit. In other words, reservation for the posts to be filled up in Category ‘A’ shall be spe-ciality/ department wise. Reference is drawn to Section 3 of the Reservation Act to contend that the percentage of vacancies fixed therein relate to the stage of direct recruitment only. Relying upon the note to Appendix ‘A’, the Respond-ents urge that reservations for appoint-ment by direct recruitment can be imple-mented only in case there are more than four posts available in each department. It is the submission of the Respondents that the available posts in all the depart-ments were less than four. Though five posts were available in General Medicine and General Surgery specialties, the number of posts to be filled up were only two in each department in view of an interim order passed by the High Court of Judicature at Allahabad in Writ - A No. 7910 of 2006. Therefore, the State submitted that reservations could not be provided for in the advertisement in ac-cordance with the Service Rules.

The Respondents contended that mini-mum qualifications for teachers in Mini-mum Qualifications for Teachers in Med-ical Institutions Regulations, 1998 (for short, ‘the Regulations’) were framed by the Medical Council of India (MCI) gov-erning the maximum age for appointment of Professors in Medical Colleges. They have been amended from time to time. According to the said amended Regula-tions, the maximum age is set at 70 years. The Government considered it appropri-ate to enhance the upper age limit for appointment of direct recruitment to the post of Professor from 45 years to 65 years. The Government Order issued on 06.02.2015 for increasing the age has not been challenged by the Appellants.

ISSUE:

The two points that fall for our consider-ation in these Appeals are: a) Whether the advertisement impugned in the Writ Petition is violative of Uttar Pradesh Public Service (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 (for

short “the Reservation Act): and b) Whether enhancement of the upper age limit for appointment to the post of Professor by direct recruitment is contra-ry to the Uttar Pradesh Medical Colleges Teachers’ Service (Second Amendment) Rules, 2005. Reservation for Appointment by Direct Recruitment to the Post of Professor JUDGMENT:

The posts of Professors in Government Medical Colleges being manned for 15 years prior to 2015 by unqualified per-sons indicates the distressing state of affairs of medical education in the State of Uttar Pradesh. To remedy a grave situ-ation, the State has taken a decision to make appointments by increasing the maximum age limit. The sincere attempt made by the State to have qualified doc-tors holding the posts of Professors has not yielded any results due to the penden-cy of cases which are filed challenging the advertisement. The Respondents are directed to expedite the process of selec-tion to the posts of Professors and make appointments at the earliest. For the aforementioned reasons, the Appeals are dismissed.

Union Public Service Commission

vs

Shristi Singh & Ors.


Appointment - Eligibility - Post of Drug Inspector, advertised – First respondent submitted online application - She also submitted certificates showing experi-ence - Her candidature stood cancelled for lack of necessary experience in test-ing drugs specified in Schedule ‘C’ and 'C1' in the Drugs and Cosmetics Rules in a laboratory – Whether Tribunal and High Court rightly set aside said deci-sion. Held, no. Requisite experience for appointment as Drug Inspector was 18 months in the field of quality control and in testing of drugs prescribed in Schedule ‘C’ and ‘C-1. According to the certificate issued by M/s Mylan lab, she worked for two years from 13.04.2014. However, advertisement required 18 months’ expe-rience for a period of two years prior to 01.03.2015. Since period from 13.04.2014 to 01.03.2015 was less than 18 months, it was rightly not considered. Another certificate issued by M/s Alpa Laboratories on 5.3.2014, stated nothing about her experience in testing Schedule ‘C’ drugs. Another certificate dt. 17.03.2015 issued by same laboratories, though showed the required experience of 18 months, but same was for a non-

remunerative job, which was for experi-ence purpose only. Moreover, the said certificate was doubtful as she had not submitted it with her online application form on 16.03.2015 and with the certifi-cate dt. 5.03.2014.

BENCH:




Aggrieved by the judgment of the Tribu-nal, the Appellant filed a Writ Petition in the High Court which was dismissed. Hence, this appeal.


This Appeal pertains to the eligibility of the first Respondent for appointment by way of direct recruitment to the post of Drug Inspector in the Central Drugs Standard Control Organisation (CDSCO), Ministry of Health and Family Welfare.

ISSUE:

The controversy in the present appeal is regarding the fulfillment of the condition of experience as required by the Adver-tisement. As stated earlier, the requisite experience for appointment as Drug In-spector is 18 months in the field of quali-ty control and in testing of drugs pre-scribed in Schedule ‘C’ and ‘C-1’ in the Drugs and Cosmetics Rules.

JUDGMENT:

The certificate dated 05.03.2014 issued by M/s Alpa Laboratories was the only certificate produced by the first Respond-ent before the Appellant. According to the learned counsel for the Appellant, the second certificate dated 17.03.2015 showing the experience of the first Re-spondent in testing Schedule ‘C’ drugs was not produced along with the certifi-cate dated 05.03.2014. In any event, the said certificate which showed the experi-ence of the first Respondent for 18 months in testing Schedule ‘C’ drugs on a non-remunerative job is doubtful. The said certificate was issued a day after the first Respondent has submitted her online application on 16.03.2015. It is relevant to note that the certificate dated 17.03.2015 discloses that no salary was paid to the first Respondent for the work done was only for experience purpose. The decision of the Appellant that the first Respondent does not fulfil the eligi-bility criterion is correct. The Tribunal and the High Court ought not to have interfered with the said decision. In view

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11



of the above, we are not in agreement with the judgment of the Central Admin-istrative Tribunal which was affirmed by the High Court in favour of the first Re-spondent. We set aside the judgment of the High Court and allow this appeal.

M/s. Elektrans Shipping Private Lim-ited

vs

Pierre D’silva

BENCH:

Hon'ble Justice S. J. Mukhopadhaya, Chairperson, Hon'ble Justice A.I.S. Cheema, Member (Judicial), Kanthi Na-rahari, Member, (Technical)

ISSUE:

Is IBC Proceedings Maintainable Even If Company's Name Struck Off From The Register Of Companies

JUDGMENT:

Mr. Pierre D’silva filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 against M/s. El-ektrans Shipping Private Limited (‘Corporate Debtor’), which was admit-ted by Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, by order dated 10th April, 2019. The Appellant Elektrans Shipping Ptd Ltd. – Shareholder has preferred the Ap-peal challenging the order of admission dated 10th April, 2019. Learned Counsel appearing on behalf of the Appellant submitted that the name of M/s. Elektrans Shipping Private Limited (‘Corporate Debtor’) was struck off by the Registrar of Companies on 12th Sep-tember, 2018 in exercise of powers con-ferred by Section 248 of the Companies Act, 2013 (hereinafter referred to as the ‘Companies Act’) by a Public Notice No.ROC-MUM/Section 248/2nd Drive/STK-7/7254. Therefore, according to the learned Counsel for the Appellant, the application under Section 9 of the I&B Code was not maintainable and the Adjudicating Au-thority erred in admitting the application without considering the status of the ‘Corporate Debtor’ as on the date of ad-mission. From sub-section (8) of Section 248, it is clear that Section 248 in no manner will affect the power of the Tribunal to wind up a company, the name of which has been struck off from the Register of Companies.

The NCLAT has reiterated that an appli-cation under Section 7 & Section 9 of the Insolvency & Bankrupty Code, 2016 for the initiation of 'Corporate Insolvency Resolution Process' is maintainable even if the name of the Company has been stuck off by the Registrar os Companies from the ROC.The Bench relied on the previous Judgement of Mr. Hemang Phophalia vs. The Greater Bombay Co-operative Bank Limited and Anr. to de-cide the admissability of the proceedings under the I&B Code, 2016. In view o the above, th NCLAT held that, once the NCLT has admitted an applica-tion for insolvency proceeding, the posi-tion of 'Corporate Debtor' (Company) and its ex-management, was deemed to have been restored in terms of Section 252 of the Act.

This Month judgment section compiled by Advocate Sayesha Suri.

Judgments

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NY Supreme Court asked to Unseal “Secretly Filed” action Pierce Bainbridge Partners LaVigne and Edwards may have Felony Exposure

The dispute which has been dubbed “vainglorious soap opera litigation” is getting juicier. Don Lewis, a double Harvard graduate, and former partner at Pierce Bain-bridge Beck Price and Hecht LLP, is back for more. Lewis was the only black lawyer at the self-proclaimed “Fastest Growing Law Firm in the History of the World” at the time he was booted prior to the courtesy of a single conversa-tion. Lewis’ filings present several indications of racially discrimina-

tory conduct at Pierce Bainbridge, particularly by General Counsel, Carolynn K. Beck. Lewis says Pierce Bainbridge, and Beck’s personal friend, Michael D. Yim of Putney Twombly Hall & Hirson LLP, employed “offensive racial ste-reotype” and did a “hit job” of an investigation against him. Sylvia Jeanine Conley of Littler Mendelson PC apparent-ly jumped in with delay tactics and attorney deceit in an at-tempt to give an advantage to Pierce Bainbridge. Lewis says: “The notion of John Pierce exploiting the #MeToo movement is bizarre. If you want to know who John Pierce is according to his entourage read my Sanctions Addendum — Points 12(b) and 14 in particular. Those are the views of his partners, bookkeeper and personal assistant, not mine.” Pierce’s communications show that he refers to women as “blackmailers,” “psycho females” and “chicks” who are “fu*king whack jobs.” The messages also include characteri-zations of Pierce as a “snake,” “alcoholic,” “lunatic,” and “narcistic sociopath,” who “lies all the time” and is “probably deep in the sauce and coke.” Pierce is further accused of using firm funds as his personal piggy bank. We recently reported on Lewis’ Sanctions submission in Los Angeles. Shortly thereafter, Lewis submitted a letter to the New York Supreme Court seeking to unseal documents that were secretly filed against him in May. Lewis informs that he provided the following information to a

judge in New York:

Christopher N. LaVigne and Denver G. Edwards lied

in sworn affidavits. This could potentially constitute a felo-ny in New York. The New York State Bar is a separate is-sue. (As we previously reported, Lavigne represented George Papadopoulos leading up to his prison time for lying to investi-gators in the Mueller-Russia probe, and LaVigne currently represents CNN’s Don Lemon who is an advocate for minority rights.)

Sylvia Jeanine Conley of Littler Mendelson P.C. is in a

much deeper hole. Conley engaged in “attorney deceit” for at least three days according to Lewis. Such conduct is strong-ly disfavored, and a New York court may award treble damag-es.

Pierce Bainbridge exploited the false accuser, again. Legal Desire recalls that the Pierce Bainbridge LA Complaint alleged “severe domestic abuse she suffered in a prior unli-censed arranged marriage.” Lewis said: “This has nothing to do with the bogus claims against me in LA. This is shameful exploitation of a young female and consistent with John Pierce’s disdain, and lack of respect, for women; Denver Ed-wards, who signed the complaint, apparently is cut from the same cloth.” Pierce Bainbridge has very likely lied about the Putney investigation report. As previously reported, Lewis’ sworn declaration in Los Angeles states: “Putney’s own counsel has hinted that the report does not say what Pierce Bainbridge claims it says. This is consistent with LaVigne’s comments to me that the Putney report is inconclusive and that nobody at the firm believes the False Accuser.”

Lewis noted: “My court filings tell a factual and disturbing story. Pierce Bainbridge and its counsel have been a fountain of dishonesty and deceit. Courts do not look fondly upon lies from lawyers. Their day of reckoning is coming.” Legal Desire remains fascinated by this legal warfare. We will be watching closely as the courts and judges in New York and Los Angeles begin to consider the merits based on what appear to be the undisputed facts.

Dentons, the world’s largest law firm, is announcing today proposed combina-tions with five leading law firms in An-gola, Morocco, Mozambique, Uganda and Zambia.

These combinations build on Dentons’ strategy to become the first Pan-African law firm owned and controlled by Afri-cans. These firms will help position Den-tons as the largest global law firm in those countries from launch, connecting clients to top-tier legal talent in Africa and more than 10,000 lawyers around the globe.

The firms are LEAD Advogados in An-gola, Sayarh & Menjra in Morocco, Fer-nanda Lopes & Associados Advogados

in Mozambique, Kyagaba and Otatiina Advocates in Uganda, and Eric Silwam-ba, Jalasi and Linyama Legal Practition-ers in Zambia.

These combinations follow the firm’s launch with Kenya’s Hamilton, Harrison & Mathews and Dentons Mauritius, and its approved combination in Zimbabwe with MawereSibanda. Further, they build on the strength of the brand Dentons has already established in Egypt and South Africa, as well as enhance the firm’s presence and capabilities in Morocco.

“The combination with these five firms builds upon our strategy to become the first Pan-African law firm owned and controlled by Africans,” said Elliott

Portnoy, Global CEO of Dentons. “As the world’s first truly polycentric global law firm, we are able to meet client de-mands for a law firm that can deliver high-quality legal counsel and business solutions, informed by an in-depth un-derstanding of the various cultures in which our clients operate.“

“We are building a Pan-African law firm through whole firm combinations of lo-cally owned and controlled firms, that serve both local and global clients,” said Joe Andrew, Global Chair of Den-tons. “This strategy is unique and is something that other firms in Africa, that are truly in and of each community, will understand and appreciate.” Since first entering the region with a legacy law firm in Egypt in 1964, Dentons contin-

Dentons, the world’s largest law firm to combine with five leading law firms in Africa

Law Firms

https://www.law.com/newyorklawjournal/2019/09/09/pierce-bainbridge-ex-partner-trade-barbs-and-dismissal-bids/

https://www.law.com/newyorklawjournal/2019/09/09/pierce-bainbridge-ex-partner-trade-barbs-and-dismissal-bids/

https://legaldesire.com/pierce-bainbridge-partners-lied-in-sworn-affidavits-claims-whistleblowing-former-partner-don-lewis/

https://legaldesire.com/pierce-bainbridge-partners-lied-in-sworn-affidavits-claims-whistleblowing-former-partner-don-lewis/

13



ues to grow its presence. After establish-ing a second office, in Morocco, in 2014, Dentons has become the fastest growing law firm in Africa. In 2015, Dentons joined with KapdiTwala to become the first Level 1 Black Econom-ic Empowerment qualified global law firm in South Africa, disrupting the tra-ditional model for providing legal ser-vices in South Africa.

In 2017, Dentons created a new Africa Region, making Africa a distinct gov-ernance and organizational unit within the law firm. By establishing an Africa Region, Dentons guarantees that law firms in new markets involved in future combinations within the region will join the firm as members of Dentons, retain-ing local control of their governance and financial decisions while also securing a voice in the global governance of the firm.

An early success in the new strategy came soon after the following year, when partners approved a combination with Hamilton, Harrison & Mathews in Kenya and Mardemootoo Solicitors and Balgobin Chambers in Mauritius, demonstrating the attractiveness of Den-tons’ strategy and polycentric approach in the region. Then in 2019, Dentons’

partners approved a combination with a high-quality firm in Zimbabwe, Maw-ereSibanda.

“Dentons’ recent combinations in Ken-ya, Mauritius and Zimbabwe have helped to establish Dentons as a leading Pan-African law firm, and these new combinations in Angola, Morocco, Mozambique, Uganda and Zambia, fur-ther strengthen Dentons’ position to become the dominant global law firm in the region,” said Noor Kapdi, CEO of Dentons’ Africa Region.

The practice and sector synergies of these firms in relation to Dentons will give the combined firms a competitive advantage in international panel compe-tition and build on Dentons’ strength in the areas of Banking and Finance, Cor-porate and M&A, Energy, Intellectual Property and Trademarks, Labor and Employment, Litigation and Dispute Resolution, Natural Resources, Real Estate, and Tax, among others.

Like Dentons, these firms are dedicated to a polycentric approach that values inclusion and diversity and in and of the community roots, and they have strong traditions of giving back to the commu-

nities they serve through pro bono work, volunteerism and financial support.

The five combinations, following ap-proval by partners and subject to meet-ing regulatory requirements, are ex-pected to launch in the next several months.

Recently, Dentons announced its inten-

tion to combine with three leading law

firms in seven days: Kensington Swan

in New Zealand, Gustavo Zacapa y Aso-

ciados in Honduras, and Lee Interna-

tional in South Korea. Dentons’ partners

have approved all three combinations.

Earlier this month, Dentons, the first

truly Pan-Latin American and Caribbean

firm in the history of the legal profes-

sion, announced its intention to combine

with Rattagan Macchiavello Arocena in

Argentina and Jiménez de Aréchaga,

Viana & Brause in Uruguay. Also in

2019, Dentons’ partners approved a

combination with MawereSibanda in

Zimbabwe, and launched Dentons Ven-

ezuela in Venezuela and Dentons Lar-

raín Rencoret in Chile.

Baker McKenzie opens New Center in Downtown Tampa

Baker McKenzie, the largest global law firm to establish operations in one of Florida’s fastest growing markets, is pleased to announce the official open-ing of its Tampa Center, a state-of-the-art workspace supporting the firm’s offices and clients globally. The new Center officially opened with a ribbon-cutting on Sept. 9, with local business and government leaders attending, in-cluding Mayor Jane Castor.

Located inside SunTrust Financial Cen-tre, Baker McKenzie’s Tampa Center is a class A+ office space that offers a mix of alternative work spaces, individual work stations and collaborative work

zones. The Tampa Center currently em-ploys approximately 120 people in Legal Services, Finance, IT, Knowledge Manage-ment, Operations, Business Develop-ment, Marketing and Communications and Talent. The Center will eventually grow to 300 employees.

“Today represents a major milestone in our operations here in Tampa,” said Jamie Lawless, Executive Director of the Tampa Center. “This has been an incredible year building out our team and creating our innovative workspace, and we are pleased to celebrate our official opening with community and business leaders who have been sup-porters of our plans. This is a world-class office space for a world-class team.”

The establishment of the Center has been made possible through strong part-nerships between Enterprise Florida, the Tampa Hillsborough Economic

Development Corporation, City of Tampa, Hillsborough County, and the Florida Department of Economic Op-portunity.

“Our Tampa Center joins our other Centers in Manila, Belfast and Buenos Aires in providing follow-the-sun sup-port to our 76 offices around the world,” said Jason Marty, Baker McKenzie’s Chief Operating Officer. “These centers of excellence are ena-bling us to deliver on our promise to clients to provide more creative, inno-vative, cost-efficient solutions that meet their business needs.”

Added Jaime Trujillo, Baker McKen-zie’s Acting Global Chair, “Our clients are facing more competition and chal-lenges, which demand faster, commer-cially sound responses, more competi-tive prices, better quality, continuous innovation and higher levels of legal and business knowledge. The Tampa Center, drawing on the outstanding talent pool Tampa offers, will help us continue to deliver precisely that. We are very excited for our future in this growing market.”

Law Firms

14


Latham & Watkins advises on Sistema’s acquisition of majority

stake in 2 pharma plants

Nishith Desai Associates acted in KKR’s acquisition of majority

stakes in Eurokids

Cyril Amarchand Mangaldas advises Aditya Birla Capital on

raising INR 2100 Crore from the Promoter and PE Investors

DLA Piper advises Raven Capital Management and Sculptor

Media in financing and production of feature film The Minuteman

DLA Piper Mexico advises Inversiones Firpo and Grupo Cosbaj in

their acquisition of Operadora de Hoteles Costa Baja

Cyril Amarchand Mangaldas acts for SSG on 4.99% buy into

Tourism Finance Corporation of India

Kirkland advises North Hudson on $140 Million Capital

Commitment to Split Rock

JSA, Shardul Amarchand Mangaldas, Trilegal advise eBay on

5.5% stake buy in Paytm Mall for $150m

JSA, AZB, Cyril Amarchand Mangaldas act on Advent’s

$130m open offer takeover of Crax, Natkhat-maker DFM

JSA acts on $19.5m Sri Kauvery Medical investment from

LGT Lightstone

AZB for Sodexo on buy of Indian fintech Zeta

AZB helps Mitsubishi on $14m investment in Sastasundar

Ventures subsidiary Healthbuddy

Khaitan, L&L help Ninjacart on $10m Series C

Cyril Amarchand Mangaldas acts on India leg of Equistone

acquisition of Moody’s analytics arm

Pioneer, NDA, Cyril Amarchand Mangaldas help KKR buy

EuroKids Int’l from Gaja for $205m

Cyril Amarchand Mangaldas helps Aditya Birla Cap on $293m

fundraise from Khaitan-advised Advent

D&D, Cyril Amarchand Mangaldas act on $1.86bn Bangalore

Airport debt, equity project financing

D&D, WG help GSK Pharma sell $125m land to Oberoi Realty

Link Legal acts on Vir Sanghvi’s investment in product

reviews start-up Mishry

L&L, Shardul Amarchand Mangaldas act on Fuji’s $100m buy

of Peepul Capital’s Consul Neowatt Power

CYRIL AMARCHAND MANGALDAS, L&L, JSA in

Adani’s winning $764m resolution bid for Korba Power

Former Illinois Attorney

General Lisa Madigan Joins

Kirkland & Ellis

Nick Smith and Jodi Norman to head up Allen &

Overy’s Middle East Funds and Financial Services

Regulatory group

Veteran music lawyer Scott Bradford

joins DLA Piper’s Entertainment

practice in LA

Nasdaq elevates Ed Knight to Vice Chairman and

promotes John Zecca to Chief Legal Officer

Leading Telecom and Satellite Partner

Joins Milbank in Washington, DC

American Airlines appoints

Priya Aiyar as Senior Vice

President and General Counsel

Deals Reporter Appointments

Law Firms

15



Interview: Maria Z. Vathis, President of the Federal Bar Association

Maria Z. Vathis handles complex business litigation and class ac-tions at Bryan Cave Leighton Pais-ner, LLP. She also advises corpo-rate clients on statutory regula-tions and compliance, including the GDPR and the Telephone Con-sumer Protection Act. She repre-sents retail clients throughout the United States and in Europe. She is a frequent speaker at fashion law conferences in Chicago, New York, Paris, France and on the internet. As of October 1, 2018, Maria has been the national Presi-dent of the Federal Bar Associa-tion. She is also the President of the Hellenic Bar Association of Illinois.

We had a pleasure interviewing Maria, here’s candid conversation:

Now that you are the President of FBA, why don’t you tell us your journey till here? I joined the board of the Chicago Chapter of the Federal Bar Associa-tion when I was a brand new attor-ney. My colleague was an officer, and she strongly encouraged me to join and become involved, be-cause the board was looking for younger members. As the years passed, I eventually became an of-ficer of the Chicago Chapter and then became president. Once I fin-ished my presidency with the local chapter, I got involved at the national level by joining the national board of directors and as a Seventh Cir-cuit Vice President. I also participat-ed in our annual Capitol Hill Day, in which we meet with lawmakers to lobby for various issues, like in-creased pay for judges and for more vacancies so that we can ele-vate more individuals to the bench to help ease the congestion in court dockets. I also chaired numerous committees at the national lev-el. After several years of being ac-tive at the national level, I ran in a national election to become an of-ficer. While I have enjoyed all of my time in the FBA, my year as nation-al President has been special. I truly enjoyed visiting different FBA chap-ters all around the nation, speaking at conferences and events, and meeting

our members.

You are a frequent speaker of Fashion, what are your other areas of practice and interests?

I handle complex business litigation disputes and defend class actions involving statutory violations. I also advise businesses on contract-related matters, statutory compliance and insurance-related matters.

So how does FBA exactly work? The FBA has chapters throughout the United States and its territo-ries. Each chapter has its own activi-ties. In addition, we have leaders at

the national level along with events at the national level. The FBA con-sists of over 19,000 federal lawyers, including 1,500 federal judges, who work together to promote the sound administration of justice and integrity, quality and independ-ence of the judiciary. The FBA also provides opportunities for scholar-ship and for judges and lawyers to professionally and socially inter-act. We invite attorneys, judges and law students to join the FBA.

What changes have you seen after joining FBA as a president?

One of my initiatives this year was to focus on health, wellness and civili-ty. Statistics show that lawyers expe-rience high levels of stress, depres-sion and anxiety. Lawyers often suf-fer from stress-related illnesses, and lawyers frequently deal with incivili-ty. Focusing on health and wellness can help alleviate these issues. Dur-ing my term as national president, we offered fitness classes at our con-ferences this year, including yoga, 5K runs, and jazzercise. We also provided healthy food options at our conferences. In addition, the

Senior Lawyers Division launched a webinar series on attorney wellness. The focus on health and well-ness will be a permanent part of future FBA events.

What is your vision for FBA in your tenure? I am pleased to see that the organization will have a permanent focus on health, wellness, and civil-ity. In addition, we are focused on celebrating the achievements of women in the law and the im-portance of diversity and inclusion. We also contin-ue to focus on civics edu-cation and have made great strides in educating students about the third branch of government. We hold a nationwide civics essay contest on an annu-al basis for high school students and middle

school students. This year’s topic focused on cyberbullying and the First Amendment. We offer cash prizes for the top three winners in each category and a trip to Wash-ington, D.C. for the first place win-ners along with a parent or guardi-an. I encourage all eligible students to participate in next year’s es-say contest, which will focus on the 100th anniversary of the Nineteenth Amendment, which gave women the right to vote. More details to come!

Interview

16


You are also the President of the Hellenic Bar Association, how are you managing between both of them?

Well, I am definitely busy! I had a wonderful term as President of the Hellenic Bar Association of Illinois, but I completed my term about two months ago. I am now Chairwoman of the Hellenic Bar Board. Each year, the president of the Hellenic Bar Association is in charge of hold-ing a Scholarship Ball where we award deserving law students with scholarships. The theme of the Scholarship Ball during my term was this quote from Ancient Greek philosopher Plato: “Good actions give strength to ourselves and inspire good actions in others.” This year, with the help of the John C. Ku-lis Foundation, I am proud to share that the Hellenic Bar awarded $70,000 in law student scholarships. We also recognized esteemed hon-orees who demonstrated the high-est level of service to the communi-ty: Mr. John Kocoras, Esq., First Assistant United States Attorney, as Hellene of the Year; Mr. Dimitri Eliopoulos, President of Wealth Management at RMB Capi-tal; Mr. Nick Katsoris, Esq., author of the Loukoumi children’s book series, and Mr. E. Angelo Spyratos, Esq., 2018 Lawyer of the Year.

While there was some overlap of my term as FBA national President and HBA President, the positions are very different, and the responsibili-ties greatly differ. For example, I was able to hold the Hellenic Bar’s Scholarship Ball before I started traveling in my capacity as FBA na-tional president. The reality is that, while I was quite busy, I really en-joyed holding both positions. I like to spend my free time giving back to the community, and these positions allowed me to do that in positive ways. I have always been organized, but running two bar associations, traveling around the nation, and sustaining a busy legal practice has certainly taken my time manage-ment skills to a new level.

You are one of the youngest and few female presidents to take of-fice with the FBA, how does that make you feel?

I am incredibly proud and grateful to the FBA members for the amazing opportunity to lead such an esteemed group of professionals. I am only the tenth female FBA President in the 100 years that the organization has existed. I am grateful to my men-tors, friends and supporters over the years who made this possible.

The FBA is forward-thinking with respect to diversity and inclusion, but the reality is that, until recently, there simply were more men than women in the legal profession, so it is logical that more men have been FBA president. With more women entering the legal profession, I think that there will be a higher percentage of female FBA presidents in the next 100 years of the organization’s exist-ence.

As a female attorney and national bar association leader, I believe that it is important to mentor young women in the legal community and beyond. During my term as FBA president, I have had young women from different parts of the world see social media posts from the FBA and contact me to tell me that they view me as a role model and inspiration since I hold a nation-al leadership position at a relatively young age. I will never forget those messages, and it has forever changed my perspective. I learned that there are different ways to be a mentor — from up close or from afar.

Tell us about your first experience with FBA.

My first FBA experience was attend-ing a board meeting for my local FBA chapter in Chicago. I was a brand new attorney, and I knew that the room was full of accom-plished and high profile attorneys in the legal community. My plan was to remain quiet and observe, but someone who eventually became one of my mentors (several of which I met at that very board meeting!) encouraged me to voice my opinion with respect to the fee charged for our luncheon events from a young attorney’s perspective. He taught me that you need to be vocal in a meeting in order for people to re-member that you were in attendance. That advice still comes in handy.

Since FBA will be completing its 100 years in 2020, What did it ac-complish in last 99 years?

It has been an honor to be national President of the FBA during such a special time in its history. The FBA’s mission is to strengthen the federal legal system and administra-tion of justice by serving the inter-ests and the needs of the federal practitioner, both public and private, the federal judiciary and the public they serve. The FBA is the premier bar association serving the federal practitioner and judiciary. The FBA has been a pillar for federal practi-tioners and the judiciary for one hun-dred years despite countless chang-es in society, politics, and technolo-gy. The organization has endured throughout many different eras in our country’s history, which is a tes-tament to its relevance, strength and fluidity. The organization grew from just a few founding members to a thriving organization spanning the nation. Today, the FBA has over 100 local chapters across the country and in Puerto Rico with approximately 19,000 members. The FBA:

monitors and often advocates on federal issues that impact the practice of federal lawyers and the courts;

keeps its members abreast of current federal issues;

provides opportunities for schol-arship and education to the pro-fession;

provides opportunities for judges and attorneys to professionally and socially interact; and

promotes high standards of pro-fessional competence and ethical conduct. For many years, FBA leaders have visited Capitol Hill to educate House and Senate lawmakers about the im-portance of the federal courts and their needs. We had seventy- four attendees from twenty-five states and Puerto Rico at this year’s Capi-tol Hill Day. Our issues agenda in-cluded a request for the prompt fill-ing of judicial vacancies, more judgeships to address growing caseloads, a request for Congress to create an independent immigration court, and support for amendments to the Foundation of the Federal Bar

Interview

17



Association’s charter as the only institution in America chartered by Congress to promote the federal administration of justice, the ad-vancement of federal jurisprudence and the practice of law in the feder-al courts.

FBA educates children about American Judicial System, tell us more about that? For several years, the FBA has

been focused on the importance of

civics education, and we have sev-

eral different programs in place to

assist with this initiative. Past

FBA President Judge Michael

Newman started the civics initiative

during his presidency, and we have

continued it for the last three

ars. Through our annual Commu-

nity Outreach Project, chaired by

Sheri Mecklenburg, our chapters

organized visits to feder-

al courthouses for schoolchildren to

meet with federal judges in their

courtrooms to observe, learn, and

practice legal skills as critical, life

skills. In addition, two models

of court camps – a day program at a

courthouse on Long Island and a

residential program at a law school

in Utah – are breaking new ground

for FBA chapters to assist courts

with their civics education initia-

tives. As I previously mentioned,

we also hold an annual civics essay

contest. This contest is near and

dear to my heart, because I chaired

the contest for its first two years,

and I encourage students to partici-

pate. We also have civics educa-

tion resources available on our

website at http://www.fedbar.org/

civics. I hope that these resources

and programs bring a greater

awareness of the legal system in the

United States along with an under-

standing that there should be re-

spect for our courts, judges and

juries.

Interview: Sujata Chaudhri, Founder & Managing Partner, SCIP Attorneys

Sujata Chaudhri, Founder & Man-aging Partner of Sujata Chaudhri IP (SCIP) Attorneys, a boutique Intellectual Property Firm based out of Delhi NCR. Sujata has had an illustrious journey as an IP Pro-fessional and has been a preferred lawyer for foreign firms and inter-national clients, given her experi-ence of working in United States for a considerable period of time. Sujata has also been actively in-volved in contributing to the edu-cation sector and was formerly an adjunct professor at the Franklin Pierce Centre for Intellectual Prop-

erty, University of New Hampshire Law School. She continues to serve on the advisory board of the law school. She has also co-taught a seminar course on international trade marks at the New York Uni-versity (NYU) School of Law. In India Sujata delivers lectures on practice-based topics at Jindal Global Law School. Here’s the candid conversation with her:

What have been the main drivers behind your growth in the past 5 years? Is there a particular strat-egy you followed for growth?

One of the major drivers behind the firm’s growth in the past 5 years, in my opinion, has been the ability of our firm’s lawyers to de-liver qualitative work product to clients, tailor-made to their busi-ness and requirements, within a quick turn-around time. For me, developing, maintaining and har-nessing client relationships is of utmost importance. This, in my view, has been one of the crucial reasons why the firm’s existing clients have been appreciative of its work and, in turn, referred the firm to their friends and col-

Interview

18


leagues. I would consider myself fortunate that the firm has flour-ished to a good extent through word of mouth and referral, cou-pled, of course, with the firm’s efforts to build a brand of its own – one that stresses on quality over quantity. As for the strategy behind the growth, my conscious endeavor has always been to build a team of highly motivated professionals and to develop a work environment that makes work enjoyable for all. In the current work structure, every work product passes through ap-propriate layers of quality check with value addition at each lay-er. Lastly, the firm encourages ideas from its young legal minds that add value to the firm’s func-tioning wherever possible – be it legal advice to a client, or the in-ternal management of the firm.

Have there been any intellectual property trends or changes in economic scenario that have worked to your advantage? Advancement in technology, cou-pled with the Government’s efforts in fast-tracking IP procedures and reducing its years’ long backlog, I would say, have worked majorly to every firm’s advantage. From days where all filings were done by hand, to today, where online filings are a norm, we’ve come a long way. Furthermore, initiatives such as expedited examination, service of oppositions by email, rebate on online filing vis-a-vis hard copy filing and issuance of Certificates of Registration of trademark online, to name a few, are testimo-ny to the faster and digitized way of working of the Trade Marks Registry. This has surely increased efficiency and productivity by sav-ing time and money, benefits of which are eventually passed on to the clients. Besides this, the for-mation of commercial courts across the country and the constant enrichment of IP jurisprudence by the Delhi High Court, in particular, have further solidified the IP in-dustry.

Talking of your early days, what got you interested in the field of IP?

While pursuing my Masters in law from Franklin Pierce Law Centre (now University of New Hamp-shire Law School), I developed interest in branding and trade mark issues in the United States and In-dia. This was also the time when IP laws were evolving globally. I knew that it would be challenging to be a part of a field that was in the state of metamorphosis as there would be newer enactments and precedents set every now and then. I was also a keen observer of the points of similarities and dissimi-larities between the IP regimes of the two countries. It was also inter-esting for me to observe how Western trends were eventually influencing the Indian IP environ-ment. I also believed that IP is one area of law where all sizes and types of businesses/services re-quired handholding. Right from startups to well-established and multi-national corporations, pro-tection of human intellect, in my view, holds utmost importance and deserves to be protected and cher-ished.

What was your first job after law school? Was working in the U.S. a part of pre-planned career goal or did it happen by chance?

My first job after law school was at a firm that practiced corporate law. That was about the time the Indian economy was opening up and the spectrum of work and is-sues encountered in deals between Indian and foreign companies was diverse, complex and interesting. I got to assist in various transaction-al issues that I enjoyed wading through. I relished the hard work and actually enjoyed the inordi-nately long hours and pressure. And then I got exposed to intellec-tual property law as part of a deal, and was inquisitive. That lead me to inquire more, and, finally, the LLM in the United States of Amer-ica. As for working in the US, there was no strict plan. I was very fortunate to have been able to have that experience though and even more fortunate to be associated with a great firm that let me grow both as a person and professional,

and appreciated me for my skills!

From working in a firm to own-ing one, your professional jour-ney has come a full-circle. What motivated you to set-up Sujata Chaudhri IP Attorneys (SCIP)? The most important factor that mo-tivated me to set up SCIP was the quest to establish an institutional-ized set-up with the culture and values I imbibed from the firm I worked at in the US. Most of the clients with whom I had worked in the U.S., kept sending me work pertaining to India, once I returned from the US. Gradually, the vol-ume of work kept increasing with each work product I delivered suc-cessfully. With growing volumes, I needed to combat the challenges of bandwidth, technology and main-taining the quality work. The logi-cal next step was to create a stable platform to service the clients well. Setting up SCIP helped me in achieving some sort of perpetuity in my passion to practice IP law. While the initial days raised a flur-ry of question marks owing to my lack of familiarity with administra-tive aspects of establishing a firm, my fervor for taking up challenges kept me motivated all along. I took up all these challenges head on with a vision to convert them into opportunities for growth. The habit of perseverance that I developed through years of practice helped me a great deal in multi-tasking. There were days at a stretch when I used to address the administrative and operational challenges through the day and execute the work through the night. My professional journey has indeed come a full cir-cle and is truly gratifying. I am immensely grateful to my mentors at my former firm in the US, and all of my colleagues at Sujata Chaudhri IP Attorneys for their faith in me.

In times where several law grad-uates are entering the profession each year, Law Firms are still struggling with talent-retention. What are your views on retain-ing talent and how do you achieve this at your firm?

Interview

19



In my view, before retaining talent, it is important to get raw talent, and then hone it in a way that works well both for the firm as well as for the individual. I’ve always believed that talent should be in-grown. Tal-ent retention, in my view, can only materialize if the firm’s and the in-dividual’s goals align. To this effect, we have a well-laid down bi-annual evaluation process at SCIP, where each lawyer and paralegal is formal-ly evaluated on his/her performance and growth in a transparent manner. The exercise helps in identifying the strengths and shortcomings in an individual’s performance, thereby paving the way for an individual’s growth as a professional.

I’m also a firm believer of merit-based growth and a fair for all re-warding system. Not only do we have incentives for efficient per-formers, but also a policy of fast-track progression in career for those who exceed the expectations of the firm. This way, super-performers get the rewards and recognition they deserve in the firm. We’ve had fast track promotions in the firm, where lawyers are given responsibility right from early stages of their ca-reer, honing not just their technical skills, but also the soft skills such as delegation of work, mentorship, representing the firm at International conferences, practice development, building a brand, etc., which are vital from an entrepreneurial per-spective. This has helped us hone and retain talent.

The Firm follows a very unique management model where you have Office Managers, External

Consultants and team of lawyers as a part of decision-making pro-cess. How did you come up with such an inclusionary model and does it make the process easier? I feel that management practices come out better when they are de-veloped with inputs from all con-cerned, rather than being imposed unilaterally. The vibe of the firm is youthful and the team is very close-knit. Therefore, having the team participate in decision-making pro-cess makes it more democratic in nature and encourages greater ac-ceptability. Moreover, it often brings to light diverse points of view, some of which may not have occurred to the management unilat-erally. Another advantage of this model is the expert inputs we get from specialized professionals. Ex-pert opinion of Office Managers, Administrators and External Con-sultants (who are well-versed in their domains like HR Management, Branding, etc.), coupled with inputs from the firm’s lawyers, helps us in looking at each issue with a wholis-tic impact, leading us to informed and harmonious decision-making. I wouldn’t say that an inclusionary management model makes the deci-sion-making process easier. Howev-er, it certainly makes the day-to-day functioning of the firm smoother.

What do the next 5 years hold for the firm?

We are at a very interesting phase of

growth, where our pivotal aim is to

better our client servicing bench-

marks by maximizing our learning

curve in a way that blends with the

brand we intend on bolstering. We

aim on doing so with the aid of tech-

nology that the firm has invested in

this past year. We also aim at going

paperless gradually. While this will

surely be an uphill task, we are

highly sensitive to our duty towards

the environment, as also to deliver

solutions to clients at a competitive

fee.

In terms of growth, we have taken a

larger adjacent office space, as a

result of which the current premises

has been expanded to accommodate

a larger team. It’s exciting for me to

look back at these 5 years – right

from starting as a 3 lawyers’ firm to

a 15 lawyers’ firm, as I speak.

Moreover, over the last one year,

our litigation practice has grown

steadily and will hopefully continue

to flourish in the years to come. We

have an informed and aspirational

team, that continuously delves into

realms of legal updates and keeps

each other abreast of the latest de-

velopments. We’re regular in our

knowledge sharing initiatives, both

internally and externally. While sus-

taining efforts in this direction, we

would also be taking up more pro-

bono and philanthropy work in the

coming years, as a means to give

back to our society.

Interview

20


List of Controversial Cases fought by Ram Jethmalani

Legal Stalwart, former Union Minis-ter, Ram Jethmalani passed away at the age of 95 after suffering from prolonged illness. The Veteran Law-yer had been suffering from months and was under medical supervision round the clock for the past two weeks, The Times of India reported. Noted Lawyer Ram Jethmalani had announced his decision to quit his law practice at a function organised by the Bar Council of India to felici-tate India’s new Chief Jus-tice Dipak Misra. One of the finest legal luminary and one of the In-dia’s Senior most Supreme Court Lawyers Ram Jethmalani called the Governance ‘calamity’ at his retire-ment and had mentioned that he will combat corrupt politicians.

Here are some of the most contro-

versial cases that he took up:

His first noticeable case was in 1959 when he was the public prosecutor in the K M Nanavati case vs State of Maharashtra case where Kawas Manekshaw Nanavati, a Naval Commander, was tried for the mur-der of Prem Ahuja, his wife’s lover. The incident received unprecedented media coverage and inspired several books and movies.

Represented Convicted killers of

former prime ministers

Ram Jethmalani defended Sat-want Singh and Kehar Singh, who were sentenced to death for the assassination of the former Prime Minister Indira Gan-dhi which happened in 1984.

He also defended the Rajiv Gandhi assassination convict, the LTTE militants, V Sriharan (also known as Murugan). In 2015, he made a controversial statement that the suicide bomb attack on the for-mer prime minister that also killed 18 other lives was ‘not a crime against India’, as reported by The Times of India.

Corruption cases and scams

Jethmalani has represented several ministers, leaders and politicians

from various political parties in the matters relating to corruption and scams.

Stock Market Scam

He also represented Harshad Mehta and Ketan Parekh in stock market scams.

LK Advani in Hawala scam

He represented senior BJP leader Sh. L. K. Advani in Hawala scam of the early nineties in which illegal payments were sent by politicians to Hawala brokers. In 2015, Jethmalani mentioned in a public statement that it was only because of him that Ad-vani won the case.

Lalu Prasad Fodder scam

Jethmalani represented RJD chief and former Bihar chief minister Lalu Prasad Yadav who was involved in the 900 crore fodder scam which broke out in the year 1996.

Jayalalithaa – disproportionate assets

He appeared for former Tamil Nadu chief minister J Jayalalithaa’s dis-proportionate assets case worth Rs 66.65 crore in the year 2014.

Kanimozhi – 2G scam

He appeared for former Tamil Nadu chief minister Karunanidhi’s daugh-ter Kanimozhi who allegedly paid Rs. 214-crore bribe in the 2G spec-trum case.

BS Yeddyurapppa – Illegal min-ing case

The former Karnataka chief minister BS Yeddyurappa along with 12 oth-er accused were represented by Jeth-malani in an illegal mining case filed by the Central Bureau of Inves-tigation.

Smuggler Haji Mastan

He has appeared for Mumbai-based underworld don Haji Mastan in sev-

eral cases of smuggling.

Amit Shah – Sohrabuddin en-counter case

The senior lawyer represented for-mer Gujarat home minister and cur-rent Union Home Minister Amit Shah in the alleged Sohrabuddin and Tulsiram Prajapati fake encounters that took place in the year 2006.

Afzal Guru -Parliament attack

He argued for 2001 Parliament at-tack convict Mohd Afzal Guru de-manding the commutation of his death sentence. He even accused the government of not allowing him to get a lawyer of his choice and said that Guru didn’t get a fair trial.

Asaram Bapu rape case

He represented self-styled godman Asaram Bapu in a rape case involv-ing a minor girl in Jodhpur in the year 2013.

Jessica Lal murder Case

The noted lawyer defended Haryana Congress leader Vinod Sharma’s son Manu Sharma who shot dead Jessica Lal, a bartender who refused him a drink in the year 1999.

Arvind Kejriwal vs Arun Jaitley defamation case

He defended Delhi chief minister and AAP chief Arvind Kejriwal in defamation case filed by union min-ister Arun Jaitley. At first, he said that he will fight his case for free but later he asked for a bill of Rs 3.42 crore.

“I decide according to my con-science who to defend. A lawyer who refuses to defend a person on the ground that people believe him to be guilty is himself guilty of pro-fessional misconduct,” Jethmalani had once told CNN-IBN in an inter-view.

Author: Aashna Suri & Sayesha Suri

Read to Know

21



The registration for GST is an entire-ly paperless process, which only leaves either registration digitally or online, a possibility. Owing to this, there is also no need for hard copies or print-outs of the registration done.

Step- by- Step registration

Step I – Generating GST Application Form

The first and foremost part of this step is obtaining a Temporary Regis-tration Number (TRN). For obtaining this, you require a valid mobile num-ber (Indian number), an email ad-dress and a PAN (Permanent Ac-count Number) for the business.

1. Open official GST portal – https://www.gst.gov.in/ and select the ser-vices tab, click on Services > Regis-tration > New Registration.

2. A registration page will open, you have to enter all the requested details (including your PAN number), email address and mobile number.

3. Click on proceed after entering the above details. For verification of the mobile number and email id, you will receive two One Time Passwords(OTPs). These OTP would be valid only for 10 minutes. If required, one can also regenerate the OTP. At the end of this process, your temporary reference number will be generated.

4. To use this temporary reference number, either click on Proceed or on Services > Registration > New Regis-tration option and click on the Tem-porary Reference Number (TRN) radio button to login with the help of the TRN.

5.Enter the generated TRN in the Temporary Reference Number Field and enter the captcha text to proceed further.

6.Post this, the person will be asked to verify OTP again. Please note that this is a different OTP from the pre-viously generated one, enter the new OTP received. The same OTP will be sent on the provided mobile number and email id.

7. On doing this, you will be directed to your “My Saved Application” page. Within 15 days, you will have to submit the form after filling in all the form details. After this, your number and saved form will be delet-ed.

Step II– Filing in GST Application Form

The form is divided into 10 sections / tabs. Each entry requires the appli-cant to click on a separate tab and then make the entry. This process requires the user to submit scanned copies of the following documents and some additional personal infor-mation:

– Valid Bank Account Number and IFSC

– Proof of constitution / incorpo-ration of business

1. If you are a Partnership Firm – Deed of Partnership

2. For Others- Registration Certifi-cate of the business entity. – Proof of primary place of busi-ness.

– Photo of promoter, director, partner, karta of Hindu undivided family (HUF) – Proof of appoint-ment of “Authorised Signatory”

– Photo of “Authorised Signato-ry”

– Front / first page of bank pass-book / statement containing bank ac-count number, branch address, ad-dress of the account holder and latest transaction details.

Once all the above- mentioned docu-ments have been readily accepted by the portal, the steps mentioned below have to be followed:

Step 1 – Fill in all the tabs, according to the instructions. Make sure to save & continue to ensure that all the de-tails you filled in is saved.

Step 2 – Fill in the complete details in the ‘Business’ tabs, with at least the highlighted mandatory fields. En-

sure that the proof of constitution of business has been attested.

Step 3 – Fill in all the information about ‘Authorized Signatory’. Please note that if you want to e-sign the form, the mobile/email of the “Authorized Signatory” will be used. If you intend to sign with DSC i.e., digital signature certificate, the PAN of the “Authorized Signatory” has to be linked to the DSC.

Step III– Registration of Digital Sig-nature Certificate

Following things have to be kept in mind before proceeding-

– DSC is mandatory for Compa-nies and LLPs.

– The digital signature of the “Authorized Signatory” can only be registered and used specified in the registration form.

– If a person wishes to verify the form by other methods available (rather than by the use of DSC), please refer to Step IV.

– If you wish to sign the docu-ment using Digital Signature Certifi-cate (DSC), please make sure you have DSC software installed on your computer system.

Step IV- Completion of Application Form

On the completion of the above men-tioned process, an Application Refer-ence Number (ARN) is generated and sent to your provided mobile number and email id. It can be used to track the application status- Services > Registration > Track Application.

After the application status shows “Approved”, an email and SMS will be sent with the information that the GSTIN has been generated and a temporary user name (which will be your GSTIN number) and password to login to the GST website will also be provided in the same mail.

One will have to go to the “Login” page and then click on “First time

Read to Know: Guide to Register GST

Read to Know

22


login” option, available at the bottom of the login page. After logging in with the temporary user- name and password provided, the user can change the password accordingly.

The user will be able to download their registration certificate within 3-5 days.

For downloading the Registration Certificate, log in

using user’s valid credentials on the www.gst.gov.in

website to access the dashboard, select Services > User

Services > View or Download Certificates and click

the Download button.

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