Madras Bar Association Moves Supreme Court Challenging Tribunals Reforms Ordinance 2021
3 years, 8 months ago

Madras Bar Association Moves Supreme Court Challenging Tribunals Reforms Ordinance 2021

Live Law  

The Madras Bar Association has filed a writ petition in the Supreme Court challenging the Tribunals Reforms Ordinance 2021, to the extent it amends Sections 184 and 186 of the Finance Act 2017.Sections 184 and 186 of the Finance Act 2017 give Central Government rule-making power in relation to the mode of appointment, terms of service, allowances. The Madras Bar Association has filed a writ petition in the Supreme Court challenging the Tribunals Reforms Ordinance 2021, to the extent it amends Sections 184 and 186 of the Finance Act 2017. Contending that many provisions of the Tribunal Reforms Ordinance 2021 are contrary to the categorical directions issued by the Supreme Court, the Madras Bar Association has against moved the Supreme Court. Seeks establishment of National Tribunal Commission In the Madras Bar Association case, the Supreme Court had directed the Central Government to constitute a National Tribunals Commission, which was supposed to act as an independent body to supervise the appointments and functioning of Tribunals, as well as to conduct disciplinary proceedings against members of Tribunals and to take care of administrative and infrastructural needs of the Tribunals.

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History of this topic

Supreme Court Weekly Round-Up (15 July-20 July, 2024)
5 months ago

Supreme Court Weekly Round-Up (15 July-20 July, 2024)

Live Law  

With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest, dedicated to keeping our readers abreast of the most recent legal developments in the country's apex court. Supreme Court Orders Interim Release Of YouTuber Savukku Shankar Till High Court Decides Plea Against Preventive Detention Case Title – A. Kamala v. …

50 Important Judgments Of Madras High Court In 2023
11 months, 2 weeks ago

50 Important Judgments Of Madras High Court In 2023

Live Law  

LiveLaw reported 413 judgments from the Madras High Court in 2023. Intimation Of Arrest Through SMS Hampers Constitutional Safeguard Of Effective Representation: Madras High Court Quashes Detention Order Case Title: Harini v. The State of Tamil Nadu and others Citation: 2023 LiveLaw 145 The Madras High Court recently set aside a detention order passed by the Commissioner of Police, Avadi …

Bar Of Limitation Can't Be Avoided By Resorting To Article 136 When Statutory Appeal Available: Supreme Court
11 months, 3 weeks ago

Bar Of Limitation Can't Be Avoided By Resorting To Article 136 When Statutory Appeal Available: Supreme Court

Live Law  

A Special Leave Petition filed against an order passed by National Company Law Appellate Tribunal, Chennai was dismissed yesterday by a three-Judge Bench of the Supreme Court comprising Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra. Pertinently, the Bench made an observation that a bar of limitation cannot be obviated or circumvented by taking recourse of proceedings …

Madras High Court Advocates Association Passes Resolution Against CAT Judicial Member, Says She Asked An Advocate To 'Get Out'
1 year, 2 months ago

Madras High Court Advocates Association Passes Resolution Against CAT Judicial Member, Says She Asked An Advocate To 'Get Out'

Live Law  

In a resolution signed by more than 200 advocates, the Madras High Court Advocates Association has condemned the conduct of the Judicial Member of Central Administrative Tribunal, Chennai Bench, Ms Lata Baswaraj Patne, stating that she asked a lawyer to “get out”. In its resolution dated September 26th, the Association said that the utterances made by the member revealed a …

'Unconstitutional': Madras Bar Association On Hindi Names For Criminal Law Bills
1 year, 3 months ago

'Unconstitutional': Madras Bar Association On Hindi Names For Criminal Law Bills

ABP News  

The Madras Bar Association has deemed it unconstitutional for the Centre to replace the Evidence Act, Criminal Procedure Code, and Indian Penal Code in Hindi. The association criticised the Centre's decision to replace the names with "Bharatiya Nyaya Samhita Bill," "Bharatiya Nagarik Suraksha Bill," and "Bharatiya Sakshya Bill,". According to IANS, Madras Bar Association called the move an attempt to …

Supreme Court Weekly Round-Up [Aug 7-13]
1 year, 4 months ago

Supreme Court Weekly Round-Up [Aug 7-13]

Live Law  

Judgments/Orders Central Civil Service Rules | Retired Employee Can Be Appointed As Inquiry Authority In Disciplinary Proceedings: Supreme Court Case title: Union of India v. Jagdish Chandra Sethy Citation: 2023 LiveLaw 609 The Supreme Court recently held that the disciplinary authority under the Central Civil Service Rules is empowered to appoint a retired employee as an inquiry authority. Habeas Corpus …

Madras High Court stays order passed by single judge asking Madras Bar Association to admit members without discrimination
1 year, 5 months ago

Madras High Court stays order passed by single judge asking Madras Bar Association to admit members without discrimination

The Hindu  

A Division Bench of the Madras High Court on Monday stayed the operation of a single judge’s June 22 order directing the Madras Bar Association to distribute applications for membership to all interested practising lawyers in the High Court, and admit them as members without discriminating on the basis of caste, gender, religion, economic status and personal as well as …

Madras High Court Weekly Round-Up: June 19 to June 25
1 year, 5 months ago

Madras High Court Weekly Round-Up: June 19 to June 25

Live Law  

A weekly round-up of important cases from the Madras High Court Citations: 2023 LiveLaw 169 To 2023 LiveLaw 173 NOMINAL INDEX Aarur Tamilnadam v S Sankar and others, 2023 Livelaw 169 Sudha Sarveshkumar v Chief Secretary and others, 2023 LiveLaw 170 Elephant G Rajendran v The Registrar General and others, 2023 Livelaw 171 Kannaian Naidu and others v Kamsala Ammal …

High court fines Madras bar association over bias in 2012 discrimination case
1 year, 6 months ago

High court fines Madras bar association over bias in 2012 discrimination case

Hindustan Times  

Chennai: The Madras high court has fined the Madras bar association in a 2012 case after a senior lawyer had denied providing drinking water to a junior lawyer in the association, raising the larger issue of discrimination at the judicial institution and the justice delivery system. The court ordered the Madras bar association to pay a compensation to senior advocate …

HC questions whether Madras Bar Association is intended for an ‘elite society of lawyers’
1 year, 6 months ago

HC questions whether Madras Bar Association is intended for an ‘elite society of lawyers’

The Hindu  

Questioning whether the Madras Bar Association, founded in 1865, was intended for an “elite society of lawyers,” the Madras High Court on Thursday directed the association to distribute applications for membership to all interested practising lawyers in the High Court, and admit them as members without discriminating on the basis of caste, gender, religion, economic status and personal as well …

Supreme Court To Examine NCLT Bar Association's Locus To Challenge 3-Year Term For Members
2 years, 6 months ago

Supreme Court To Examine NCLT Bar Association's Locus To Challenge 3-Year Term For Members

Live Law  

The Supreme Court on Monday said that it will examine the locus standi of the National Company Law Tribunal Bar Association in challenging the Centre's notification fixing the term of 23 NCLT members appointed in 2019 as 3 years instead of 5 years.A vacation bench comprising Justices CT Ravikumar and Sudhanshu Dhulia adjourned the writ petition filed by the NCLT …

Supreme Court Adjourns To Tomorrow NCLT Bar Association's Plea Challenging 3 Year Tenure Of NCLT Members
2 years, 6 months ago

Supreme Court Adjourns To Tomorrow NCLT Bar Association's Plea Challenging 3 Year Tenure Of NCLT Members

Live Law  

Supreme Court on Wednesday adjourned to tomorrow a petition filed by the NCLT Bar Association challenging the notification of the Ministry of Corporate Affairs fixing the tenure of the members of National Company Law Tribunal as 3 years. A vacation bench comprising Justice JK Maheshwari and Justice Hima Kohli granted one day time to the Solicitor General to place on …

Suppressed Material Facts With Intention To Abuse Judicial Process: Madras High Court Imposes Rs.25000 Cost On Lawyer For Frivolous Litigation
2 years, 7 months ago

Suppressed Material Facts With Intention To Abuse Judicial Process: Madras High Court Imposes Rs.25000 Cost On Lawyer For Frivolous Litigation

Live Law  

The Madras High Court recently directed a lawyer, appearing for the petitioner to deposit Rs. 25,000 as exemplary costs in favour of the Bar Council of Tamil Nadu and Puducherry finding that the petitioner had come to the court with unclean hands merely to abuse the judicial process of law. "Considering the fact that the representation was submitted only on …

'Senior Designation Rules Contrary To Supreme Court Guidelines'; Madras High Court Issues Notice On Challenge Against Rules
3 years, 1 month ago

'Senior Designation Rules Contrary To Supreme Court Guidelines'; Madras High Court Issues Notice On Challenge Against Rules

Live Law  

In a PIL challenging the validity of Rules 4 and 4 of Madras High Court Designation of Senior Advocates Rules, 2020, a bench of Chief Justice Sanjib Banerjee and Justice P.D Audikesavalu has admitted the matter and issued notice to the administrative section of High Court. While the Supreme Court guidelines allowed advocates with ten years of standing at the …

'Matter Pending Consideration Before Committee, Report To Be Furnished Within Next Few Weeks': Madras HC Defers Hearing Of Challenge To Senior Designation Rules
3 years, 2 months ago

'Matter Pending Consideration Before Committee, Report To Be Furnished Within Next Few Weeks': Madras HC Defers Hearing Of Challenge To Senior Designation Rules

Live Law  

A public interest litigation petition has been filed before the Madras High Court challenging the validity of Rules 4 and 4 of the Madras High Court Designation of Senior Advocates Rules, 2020, which stipulate a minimum age and experience criteria for an advocate to be eligible to be designated as a Senior Advocate. The Madras High Court had notified its …

Challenge To Tribunals Reforms Act 2021 : Supreme Court Asks Centre To File Counter-Affidavit By Next Week
3 years, 3 months ago

Challenge To Tribunals Reforms Act 2021 : Supreme Court Asks Centre To File Counter-Affidavit By Next Week

Live Law  

The Supreme Court on Wednesday asked the Central Government to file its counter-affidavit next week in the petitions challenging the Tribunals Reforms Act 2021.A special bench comprising Chief Justice of India NV Ramana, Justice DY Chandrachud and Justice L Nageswara Rao was hearing the writ petitions filed by Madras Bar Association and Congress MP Jairam Ramesh.Attorney General for India. The …

'You Can't Enact A Law Contrary To A Judgment' : Supreme Court Issues Notice On Jairam Ramesh's Plea Challenging Tribunals Reforms Act
3 years, 3 months ago

'You Can't Enact A Law Contrary To A Judgment' : Supreme Court Issues Notice On Jairam Ramesh's Plea Challenging Tribunals Reforms Act

Live Law  

The Supreme Court on Monday issued notice on a writ petition filed by Congress MP Jairam Ramesh challenging the recently passed Tribunals Reforms Act 2021.While issuing notice, a special bench comprising Chief Justice of India NV Ramana, Justice DY Chandrachud and Justice L Nageswara Rao commented that the said Act is a "virtual replica of the provisions struck down in …

Madras High Court Grants Further Time To Union To File Response To Pleas Challenging IT Rules 2021
3 years, 4 months ago

Madras High Court Grants Further Time To Union To File Response To Pleas Challenging IT Rules 2021

Live Law  

The Madras High Court on Friday granted further time to the Union of India to file its response to petitions challenging the validity of the Information Technology Rules, 2021. Petitions have been filed by acclaimed Carnatic vocalist and Ramon Magsaysay awardee TM Krishna, Digital News Publishers Association as well as journalist Mukund Padmanabhan, challenging the constitutionality of the IT, and …

Madras High Court Stays Madras Bar Association Election
3 years, 4 months ago

Madras High Court Stays Madras Bar Association Election

Live Law  

The Madras High Court on Friday stayed the Madras Bar Association elections that was scheduled to be held on August 21.A Bench comprising Justice N Kirubakaran and Justice R Pongiappan issued the interim order on the ground that the Bar Association had failed to verify the certificate of practice of its individual members with the Bar Council of Tamil Nadu …

'Law Can't Be Struck Down Merely For Being Contrary To Court's Guidelines': Justice Hemant Gupta's Dissent In Tribunals Case
3 years, 5 months ago

'Law Can't Be Struck Down Merely For Being Contrary To Court's Guidelines': Justice Hemant Gupta's Dissent In Tribunals Case

Live Law  

Justice Hemant Gupta, in his dissenting opinion in the Madras Bar Association case relating to the validity of Tribunals Reforms Ordinance 2021, observed that legislature is within its jurisdiction to determine the minimum eligibility age for the purpose of appointment as Tribunal members. The majority comprising Justices L Nageswara Rao and S Ravindra Bhat observed that this minimum age stipulation …

Tribunals Reforms Ordinance : Supreme Court Strikes Down Provisions Fixing Term Of Members As 4 Years
3 years, 5 months ago

Tribunals Reforms Ordinance : Supreme Court Strikes Down Provisions Fixing Term Of Members As 4 Years

Live Law  

The Supreme Court on Wednesday by 2 :1 majority set aside the provisions in the Tribunals Reforms Ordinance 2021 which fixed the term of members of various tribunals as four yearsThe majority comprising Justices L Nageswara Rao and S Ravindra Bhat held that this term violated the express direction given in the earlier judgments in Rojer Mathew and Madras Bar …

Advocates With Ten Years Experience Can Be Appointed As Judicial Members Of Various Tribunals: Centre Amends Tribunal Rules
3 years, 5 months ago

Advocates With Ten Years Experience Can Be Appointed As Judicial Members Of Various Tribunals: Centre Amends Tribunal Rules

Live Law  

The Central Government has amended the Tribunal, Appellate Tribunal and other Authorities Rules, 2020 enabling appointment of Advocates with ten years experience as Judicial Members of various Tribunals.The Amendment was notified yesterday and has come into force. Income-tax Appellate Tribunal under the Income tax Act, 1961 A person shall not be qualified for appointment as a Judicial Member, unless,–– he …

Whether Directions To Amend Tribunal Rules Are Akin To Directing Parliament To Legislate? Supreme Court Asks In Madras Bar Association Case
3 years, 6 months ago

Whether Directions To Amend Tribunal Rules Are Akin To Directing Parliament To Legislate? Supreme Court Asks In Madras Bar Association Case

Live Law  

The Supreme Court on Thursday considered whether directions issued by it to the Centre to amend the Rules framed by it are akin to directing the Parliament to legislate in a particular manner, thereby denuding the Parliament of its power to make law. This was followed by the impugned Ordinance of 2021 introducing a minimum age limit of 50 years …

Tribunals Reforms Ordinance : Certain Points Of Concern
3 years, 8 months ago

Tribunals Reforms Ordinance : Certain Points Of Concern

Live Law  

Adding another episode to its attempts to overhaul the Tribunal system in the country, the Union Government recently brought the The Ordinance, promulgated by the President on April 5, follows the Rules made by the Centre in 2017 and 2020, which came under severe criticism from the Supreme Court. In November last year, the Supreme Court, finding several faults with …

Bar Association Discharges Public Functions; Writ Petition Under Article 226 Maintainable Against It : Karnataka High Court
4 years ago

Bar Association Discharges Public Functions; Writ Petition Under Article 226 Maintainable Against It : Karnataka High Court

Live Law  

The Karnataka High Court has held that a writ petition under Article 226 of the Constitution is maintainable against a Bar Association. A division bench of Justice G Narendar and Justice M I Arun, while deciding an appeal filed by Chandrakant Majagi, Advocate and Vice President of Belagavi Bar Association, said "It is held that the writ petition against the …

Madras HC Designation Of Senior Advocates Rules Notified: Provides Minimum Age/Experience Criteria, Bars Them From Mentioning/Seeking Adjournment
4 years, 4 months ago

Madras HC Designation Of Senior Advocates Rules Notified: Provides Minimum Age/Experience Criteria, Bars Them From Mentioning/Seeking Adjournment

Live Law  

Madras High Court Designation Of Senior Advocates Rules, 2020 has come into force. Qualifications and Disqualifications The Rules provide certain qualifications and disqualifications: He/she should have completed 45 years of age and is ordinarily practicing in the Madras High Court or its Bench at Madurai and Courts Subordinate to it, including Tribunals for not less than 10 years preceding the …

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