BAR AND BENCH

Blogger Judge appointment is confirmed; 19th Law Commission constitutes

Fri, 30 Jul 2010 12:45:02 IST

Press India Bureau reports that President Pratibha Patil has appointed Justice K. Kannan as a Permanent Judge of the Madras High Court. Prior to this appointment, he was Additional Judge of the Punjab & Haryana High Court. A PIB press release also reports on the constitution of the 19^th Law Commission of India headed by former Supreme Court judge, Justice P.V. Reddy.

Game over for Greenpeace? Tata files defamation and trademark infringement suit: Anand and Anand & Saikrishna Rajgopal in Delhi High Court

Thu, 29 Jul 2010 18:54:52 IST

Who would have thought that the beloved game of Pac-Man, which often stirs up ideas of nostalgia, would land Greenpeace in a Rs.10 crore ($2.1 million) defamation and trademark infringement suit?

Linklaters, Khaitan and Juris Corp bring broadband funds to Relianceâs Infotel: To raise 2250 crore ECB

Thu, 29 Jul 2010 12:14:58 IST

Reliance Industries recently announced its entry to the broadband world by acquiring 95 percent of Infotel, a HFCL company for nearly Rs. 4,800 ($1.1 billion).

Indian Takeover Regulations up for Overhaul!

Thu, 29 Jul 2010 11:31:31 IST

Arun Scaria, Sahil Shah and Nischal Joshipura from Nishith Desai Associates write on the recommendations made by The Takeover Regulations Advisory Committee (TRAC) to review the SEBI (Substantial Acquisition of Shares and Takeovers) Regulations, 1997. They provide a comparison between some of the key provisions of the extant Takeover Code and the recommendations of TRAC.

Fortis out of the race for Parkway Holdings with a cool $ 85 million: Singapore law firms Allen & Gledhill, WongPartnership, Stamford Law and Rajah & Tann advise

Wed, 28 Jul 2010 15:21:23 IST

Malaysian Sovereign wealth fund Khazanah outbid Fortis Healthcare to acquire Parkway Holdings, Southeast Asia's largest hospital chain, for around Rs. 11,700 crore ($2.6 billion).

JSA brings IL & FSâs investment in Aria Hotels to build a 700 crore hotel

Wed, 28 Jul 2010 15:07:21 IST

The Mumbai office of J. Sagar Associates (JSA) advised IL & FS Trust Company in their investment into Aria Hotels (Aria), a subsidiary of Asian Hotels (West) for a third of its stake.

Re-upped Round up: July 28

Wed, 28 Jul 2010 14:22:01 IST

The new rules introduced by Finance Minister, Pranab Mukherjee in this year’s budget, state that firms in which promoters own more than three-fourths of the shares should increase the public float by 5 percent annually. Economic times spoke with A Rajagopal, Managing Director & head of Global Capital Markets, UBS along with Akila Agrawal, Partner in Amarchand & Mangaldas.

Billion Dollar Deal: Amarchand and AZB on JFEâs $1.1 billion investment in JSW Steel

Wed, 28 Jul 2010 12:40:05 IST

JFE Holdings, the second largest Japanese steelmaker, has announced its India investment to buy a 14.9 percent stake in India’s third largest steel manufacturer JSW Steel. The Japanese company has purchased just below the 15 percent norm so as to not trigger the open offer regulations.

Milestoneâs revolutionary IPO advised by AMSS

Wed, 28 Jul 2010 09:49:04 IST

Private Equity (PE) fund Milestone’s plan to tap into the rapidly growing capital market in India took fruit this month when the company filed for a Draft Red Herring Prospectus (DRHP) with the Securities and Exchange Board of India (SEBI). Milestone would be the first PE since IL&FS Investment Managers to raise capital through the IPO route.

Securities Lawyer to Mountaineer - Scaling New Heights: Somasekhar Sundaresan

Tue, 27 Jul 2010 17:48:13 IST

Somasekhar Sundaresan (aka Som), Partner at J. Sagar Associates is a man of many facets. India's only complete securities lawyer - he is equally at ease arguing before SAT, attending an IPO kick off meeting or serving on the Takeover Committee tasked with reviewing the Takeover Code. Som, a finalist in the Titan Be More challenge, breaks away from the stereotypical lawyer mould and actively engages with the civil society through the Black Badge Movement, goes on annual mountain climbing treks and dedicates his treks to raise funds to support the Akansha Foundation which educates underprivileged children. Bar & Bench in an exclusive conversation with Som.

Latham & Watkins and KSB Partners advise TLG Capital on its India investment

Tue, 27 Jul 2010 13:34:35 IST

TLG Capital is investing in Re-feel Cartridge Engineering, India’s largest printer cartridge refilling network, comprising of a national chain of 109 shops that refill customers’ printers ink cartridges. According to media reports TLG is putting Rs. 21 crore ($4.5million) into Re-feel, for a 36 percent stake and deploying the funds into the expansion of a new chain of computer repair shops called Club Laptop.

Re-upped Round up: July 27

Tue, 27 Jul 2010 12:49:31 IST

The never-ending debate about the entry of foreign law firms into India is again in the news. Financial Express spoke to BCI Chairman, Gopal Subramanium, Som Mandal, Ranji Dua and Former Supreme Court Bar Association President M.N. Krishnamani and Diljeet Titus about the opening up of the legal sector.

Bar council joins protest against all-India exam

Tue, 27 Jul 2010 12:28:18 IST

The Bar Council of India is at the receiving end of flak yet again, with Bar Council of Maharashtra & Goa opposing the All India Bar Examination. In a Special Meeting the decision was taken to submit an affidavit with the objections filed in by the other Bar Councils in the Supreme Court, where the matter is coming up for hearing on July 30.

Embassy Groupâs 2400 crore IPO: AZB along with Amarchand and Clifford Chance advice

Tue, 27 Jul 2010 08:44:08 IST

The Bangalore based real estate company, Embassy Property Developers Ltd. (Embassy) had filed for a Draft Red Herring Prospectus (DRHP) with the Securities and Exchange Board of India (SEBI).

Sohrabuddin Sheikh fake encounter case: Ram Jethmalani to represent the former Home Minister Amit Shah

Mon, 26 Jul 2010 18:51:55 IST

The CBI (Central Bureau of Investigations) Judge AY Dave on July 25 has sent former Home Minister, Amit Shah to judicial custody till August 7. Shah has been charged with murder, kidnapping, extortion and destruction of evidence in the fake encounter killings of gangster Sohrabuddin and his wife Kauser Bi in the year 2005.

Overwhelmed â hang in there! Law school is a marathon, not a 100-meter dash

Mon, 26 Jul 2010 17:12:53 IST

The beginning of law school can overwhelm the best of us. Law school can be a free for all to showcase their talent, and with people trying to join every society in law school, it is not only overwhelming but frightening at times. De Facto shares a list of things that he wish he had known in his law school years and hopes that this list will help plan your law school years.

Re-upped Round up: July 26

Mon, 26 Jul 2010 15:28:41 IST

“Legal education is a vital link in the creation of knowledge concepts as well as in the application of such concepts in society. The need for trained law personnel in academia, litigation, corporate practice, government and civil society has increased significantly over the last few years and it is estimated that the demands for such trained personnel will rise far more exponentially in the years to come."

Entry of Law Firms, recent Tax judgments and reciprocity high on Clifford Chance Partner Stuart Pophamâs agenda: SILF President blasts âBritish lobbyâ

Mon, 26 Jul 2010 11:08:05 IST

The Telegraph reports that five members of the Cabinet, two ministers of State and more than 50 FTSE chief executives, leading business figures will be a part of Prime Minister David Cameron’s visit to India. The high-level delegation will also include Senior Partner of Clifford Chance Stuart Popham who will arrive in India to discuss the entry of UK Law firms and recent judgments regarding the taxation of profits for work done in India.

AMSS, Phoenix Legal and Morrison Foerster advice Pacifica on investment fund with Accor and InterGlobe

Fri, 23 Jul 2010 16:24:30 IST

Accor and InterGlobe have established an investment fund for hotels in India along with Pacifica Partners which will have a significant stake of 36 percent equity in the fund. Accor and InterGlobe will each hold a 32 percent stake to complete the fund holding.

NLSIU fights for rights of the third gender

Fri, 23 Jul 2010 15:55:59 IST

The Times of India has reported on the National Law School of India University (NLSIU) including an 'Others' category for transgenders in application forms from the next academic year.

Infrastructure in sub-ordinate courts (All India Judges Association v. Union of India): 14,008 courts need nearly $2 billion for upgrade

Thu, 22 Jul 2010 14:13:13 IST

The Law Minister at a press conference today announced a Rs. 14,000 crore package to be rolled out over the next five years to tackle the backlog of 2.71 crore pending cases. Bar & Bench provides in-depth coverage on the infrastructure needs of the sub-ordinate courts, as discussed in the Supreme Court order in All India Judges Association v. Union of India (AIJA vs. UOI) which details the levels of investment that is required in each state.

India-Pakistan lawyers match-up for the Harmony Cup T20 tournament

Thu, 22 Jul 2010 12:58:50 IST

The Bar Council of Punjab & Haryana has teamed-up, to hold the first Indo-Pak Lawyer Harmony Cup Twenty-20 match to be played between the two countries on July 23 in Chandigarh.

Six Indian firms in the top 10 in Dealogic report: Luthra tops the list

Wed, 21 Jul 2010 16:47:48 IST

The Dealogic Asia Pacific Project Finance league tables are out with Indian firms featuring prominently in the top 10 law firms based on market share of deals completed between January to June 2010. Luthra takes the top slot amongst the Indian firms and is ranked second behind Taiwan based Taiwan Commercial Law Offices (TCLP).

Re-upped Round up: July 21

Wed, 21 Jul 2010 16:28:33 IST

Former Attorney General, Milon Banerjee died in Delhi after a brief illness. The Hindu has a detailed report on the life of the former AG. He was 80 and is survived by two sons, Debal Kumar Banerji (senior advocate) and Gourab Banerji (Additional Solicitor-General of India).

BCI Chairman Gopal Subramanium unveils Legal Education Reforms: Only 5 year law courses, revised curriculum, English as the only medium of instruction, changes in accreditation of law schools

Wed, 21 Jul 2010 15:35:12 IST

Gopal Subramanium, Solicitor General and Chairman of Bar Council of India has released a note on legal education reforms. The 7-page reform note details 10 action items that have been stipulated with deadlines to complete the reform process.

Re-upped Round up: July 20 - Moily on Foreign law firms, No appointment through exams, SC accepts Justice Ahmadiâs resignation

Tue, 20 Jul 2010 14:42:16 IST

Center may move the Supreme Court over the issue of entry of foreign law firms. The ambitious plan of the Law Ministry to recruit district judges through an all-India exam has hit a roadblock with many state governments and High Courts opposing the proposal. The Supreme Court has accepted the resignation of former CJI A.M. Ahmadi as the Chairman of the Bhopal Memorial Hospital Trust (BMHT).

(Substantial Acquisition of Shares And Takeovers) Regulations, 2010- Achuthan Committee submits recommendations

Tue, 20 Jul 2010 09:43:21 IST

The Achuthan Committee has submitted its draft recommendations and has invited the public to send comments to the proposed Takeovers Regulations.

Bar Exam: Another petition, BCI moves SC, Ram Jethmalani against the Exam

Mon, 19 Jul 2010 17:52:00 IST

Two law graduates of the National University of Advanced Legal Studies (NUALS) who on Friday filed a petition before the Kerala High Court. Instead of fighting the same litigation in different High Courts, the Bar Council of India (BCI) has approached the Supreme Court (SC) seeking all petitions challenging the All India Bar Examination be clubbed and heard in the SC. Noted Senior Counsel, Ram Jethmalani in an interview with Pune Mirror has come forth on his views on the Bar Exam.

Rest in Peace, K.K. Sareen

Mon, 19 Jul 2010 16:29:31 IST

Noted criminal lawyer who was serving as the present chairman of the Delhi Bar Council, K.K. Sareen passed away on Saturday at the age of 64 after a short illness. He was suffering from a chest infection, sadly one which he never recovered from.

CJI in a speedy mood: Second Forest Bench to be set up

Mon, 19 Jul 2010 15:12:04 IST

The Chief Justice of India is in no mood to listen to the excuses of the government. CJI S.H. Kapadia announced last week that the work of the apex court Forest Bench would be bifurcated by the setting up of a second Bench.

Supreme Court wants police verifications for judicial appointments after a District Judge is listed as a âRowdyâ

Mon, 19 Jul 2010 11:45:39 IST

A common private sector practice will now become mandatory for judicial appointments too. The Supreme Court in the case of Judge Khazia Mohammed Muzammil has made it mandatory to obtain police verification prior to judicial appointments.

After Clifford Chance, now Linklaters in the tax net: ITAT rules delivering services to clients in India is taxable; new angle to A.K. Balaji v. Ashurst et al?

Mon, 19 Jul 2010 08:57:51 IST

In a landmark ruling, the Mumbai bench of the Income Tax Appellate Tribunal has held that Linklaters, UK law firm delivering services to clients in India is taxable. Senior Counsels and tax experts S.E. Dastur and P.J. Pardiwala appeared for the UK firm who were assisted by Advocate Neeraj Sheth. Advocate Narendra Singh represented the Government.

Luthra and foreign trained lawyers â another Clifford Chance recruit for Luthra

Fri, 16 Jul 2010 10:53:24 IST

Indraneel Basu Majumdar is moving back to re-join Luthra & Luthra as a Managing Associate from Clifford Chance in London. Luthra has been one of the most favourites for most foreign trained lawyers and the firm has lapped up quite a few over the past year. Bar & Bench spoke to a few Associates / Partners on their reason for returning to Luthra. Most Associates / Partners attribute this trend towards work culture that attracts them, the force behind the firm which is more like a Business Venture and the approachability of the Managing Partner along with the Senior Partners is what makes them choose Luthra.

Pending Litigations â 2009-10: 3.13 crore cases, 3054 Judges required

Thu, 15 Jul 2010 17:01:19 IST

There have been several reports about the volumes of litigations in Indian courts. The Law Minister released a detailed National Litigation Policy last month to combat the ever-growing litigation statistics in India. Bar & Bench has compiled a three-year statistics to accurately estimate the pending litigations in India and the vacancies of judges in the Lower Courts, High Courts and the Supreme Court.

Re-upped Round up: July 15

Thu, 15 Jul 2010 11:42:31 IST

Union Law Minister M. Veerappa Moily on Wednesday asked all universities and institutions of higher learning and research to march towards excellence and face challenges within the country and abroad.

Daiichi Zenotech ruling - âperson acting in concertâ

Wed, 14 Jul 2010 10:42:57 IST

The Supreme Court of India has given a ruling in favor of Daiichi to pay to the shareholders of Zenotech Laboratories Limited an exit price of Rs. 113.62 ($ 2.52) per share in the open offer, instead of Rs. 160 ($ 3.5) per share as directed by the Securities Appellate Tribunal (SAT).

Axon Partners and Norton Rose on Shiv Vaniâs Oil & Gas FCCB

Tue, 13 Jul 2010 19:08:40 IST

Shiv Vani plans to borrow Rs. 337 crore ($ 75 million) with an upsize option of upto 90 crore ($ 20 million) by selling Foreign Currency Convertible Bonds (FCCB). Axon Partners along with Norton Rose are advising the FCCB.

Trademark Registry to recruit 40 Joint Registrars through the contract route to beat the backlog: 1 lakh trademark cases pending

Tue, 13 Jul 2010 16:06:32 IST

As per the recent data published by The Trade Marks Registry, Mumbai and its branch offices at Delhi, Chennai, Kolkata and Ahmedabad have a backlog of about one lakh contested matters awaiting adjudication as of June 30, 2010. Over the last few years nearly 800,000 trademark applications have been filed. To beat the backlog, the Trademark registry has decided to engage qualified retired government officials as Joint Registrar of Trade Marks on contract basis initially upto March 31, 2012.

Amarchand and AZB on Actis and Khazanahâs 840 crore investment in IDFC

Tue, 13 Jul 2010 13:24:16 IST

Malaysian Sovereign wealth fund Khazanah along with Actis have invested Rs. 840 crore ($ 180 million) in IDFC. Amarchand advised its long term client IDFC and AZB & Partners advised Khazanah.

The Bar Council of India has the authority to conduct the All India Bar Examination without legislative amendment

Mon, 12 Jul 2010 17:30:52 IST

Kartikeya Tanna analyses the BCI initiated All India Bar Exam. Does BCI have the powers to conduct a Bar exam?

Wadia Ghandy files writ petition for Lalit Modi

Fri, 09 Jul 2010 13:31:13 IST

Lalit Modi has filed a writ petition in the Bombay High Court on July 8, challenging the Board for Control of Cricket in India’s disciplinary proceedings initiated against him. Lalit Modi was the Chairman and Commissioner of the Indian Premier League and the Chairman of the Champions League from 2008 to 2010.

Society of Women Lawyers to inaugurate its India Chapter

Fri, 09 Jul 2010 12:37:40 IST

Priti Suri, Partner at Priti Suri & Associates has been appointed as the President of Society of Women Lawyers-India, a platform for women lawyers to come together within India. The objective of the society is to secure equal participation of women in the legal profession and assist in the advancement of the interests of women in law.

High Court Murder shocks Bangalore: Advocate killed by her âloverâ Advocate

Fri, 09 Jul 2010 11:40:28 IST

A murder at the Karnataka High Court premises has shocked not only the legal fraternity, but the entire city. A 25 year old advocate, J.S. Naveena was stabbed in the neck in front of Court Hall number 4 at 1:50 pm yesterday. Advocate Rajappa who claimed to be in love with her stabbed Naveena in the court premises. After stabbing Naveena, Rajappa tried to commit suicide by stabbing himself.

The Need For Improvement In Indian Corporate Governance Practices: Part III

Thu, 08 Jul 2010 15:33:09 IST

In the last of three articles on the necessity to improve corporate governance, Shubi Arora writes about the quality of corporate disclosures, in particular financial disclosures, by Indian companies.

Conversation with Agatha Sangma, Minister of State for Rural Development

Thu, 08 Jul 2010 13:55:08 IST

Agatha Sangma (pictured) has the distinction of being the youngest Member of Parliament and is a Minister of State for Rural Development in the UPA government. Elected from the Tura constituency from the North Eastern state of Meghalaya, the Nationalist Congress Party MP is well aware of the rigmaroles of political life having seen her father, former speaker of Lok Sabha, P.A. Sangma go through the grind. A lawyer, environmentalist and an amateur photographer, Agatha speaks to Bar & Bench on law school, entry of foreign law firms and the problems faced by young girls from the North East.

AZB, S & R and Cleary Gottlieb on Rabobank stake sale in YES Bank

Thu, 08 Jul 2010 13:47:53 IST

Rabobank, after 12 years, may take up the wholly-owned route to launch its banking operations in India. As a start to setting up its own banking operations, the Dutch lender on Monday sold 3.73 crore shares in YES Bank, approximately 11 percent of its stake. This move reduced Rabobank’s stake in YES Bank from an approximately 15.9 percent to 4.9 percent. The stake valued at nearly Rs. 980 crore ($ 215 million) was sold to purchasers identified by the Placing Agents, who were led by Citigroup.

ELP gets SC to admit CCIâs appeal

Thu, 08 Jul 2010 12:33:35 IST

The Supreme Court on Wednesday admitted the Competition Commission of India’s appeal against the Competition Appellate Tribunal in the Jindal Steel vs. SAIL matter. The court has listed the case for hearing on July 22.

Re-upped Round up: July 7: Special and Constitutional Bench, GNLU students help reduce backlog in Gujarat High Court, ASG Amarjit Singh Chandhiok backs private firm, Nariman on Judges Appointment

Wed, 07 Jul 2010 16:42:24 IST

The Telegraph reports that the Chief Justice of India,S.H. Kapadia has plans of setting up of a State-wise, Special Bench in subordinate courts which will deal with problems faced by the Bench and the Bar. He said, “We will appoint an amicus curiae to assist us. The High Courts will be asked to list the problems they are facing and these will be forwarded to the States for action”.

Amarchand and Desai & Diwanji on Warburgâs healthcare investment in Metropolis

Tue, 06 Jul 2010 18:07:00 IST

US based private equity (PE) firm, Warburg Pincus (Warburg) is to invest in Mumbai based Metropolis Healthcare Limited (Metropolis). India's largest diagnostic laboratories chain, Metropolis had received an earlier investment from ICICI Venture (ICICI). As part of this deal, Indian private equity firm ICICI Ventures has completely divested its holding in the company, which it had acquired in 2006. ICICI Venture had invested Rs.35 crore ($ 7.4 million) in Metropolis from its India Advantage Fund Series-1 in 2006.

Mixed reactions continue after BCI meeting with State Bar Councils

Tue, 06 Jul 2010 12:02:53 IST

An emergency meeting was called by the Bar Council of India on July 3 to discuss the issue of the All India Bar Exam. The Chairpersons of the State Bar Councils were called to discuss the impact of the AIBE and the petitions filed against the implementation of the AIBE. Sources indicate that three Chairpersons of the SBCs objected to the idea of AIBE being implemented from this academic year.

S & R to open its office in Mumbai

Mon, 05 Jul 2010 12:27:56 IST

S & R Associates will move co-founder Partner Sandip Bhagat to Mumbai to establish its presence in India’s financial hub. The firm’s office will be located at One Indiabulls Centre where Trilegal and Khaitan have their offices.

AZB, Luthra and Jones Day advise on Ind Barath Power Infra IPO

Fri, 02 Jul 2010 18:07:08 IST

AZB & Partners, Luthra & Luthra and Jones Day have advised on the initial public offering (IPO) of Ind Barath Power Infra Limited.

NDA Partner Kartik Ganapathy moves to Indus Law

Fri, 02 Jul 2010 17:47:56 IST

Indus Law has a new addition in the form of Kartik Ganapathy, who will be joining the firm’s Fund Practice and M & A as an Equity Partner. He specializes in venture capital and private equity investments across sectors including micro-finance, education and healthcare, securities law and structured finance transactions.

Bar Exam Challenged by National Delegation of Law Students, battle continues

Fri, 02 Jul 2010 17:03:41 IST

The National Delegation of Law Students have upped their agitation against the first Bar exam to be held this December. The delegation which has approached the Law Minister to look into the issue threaten to resort to peaceful demonstrations if a decision is not taken in favour of the agitating students.

IDIA initiative finds favour with Law Ministry and a few law firm Partners: Lawyersâ Social Responsibility?

Fri, 02 Jul 2010 12:32:05 IST

The Increasing Diversity by Increasing Access to Legal Education initiative started by Professor Shamnad Basheer from the National University of Juridical Sciences to increase the diversity at the NLUs by creating awareness about law as a career option and training rural students to take the Common Law Admission Test.

Link Legal assists GMR-Malaysia Airports in winning airport expansion project in Maldives

Thu, 01 Jul 2010 16:42:44 IST

The GMR-Malaysia Airports together have won the contract for construction and expansion of the Malé International Airport (MIA) in the Maldives. GMR will also be building a sea-plane port for the MIA, according to a press release by GMR Infrastructure Limited.

AZB & Amarchand help Sumitomo Mitsui buy 1366 crore stake in Kotak

Thu, 01 Jul 2010 16:30:55 IST

Kotak Mahindra Bank has announced that it has agreed to sell a 4.5 percent stake to Japanese banking giant Sumitomo Mitsui Banking Corporation for a total consideration of Rs.1,366 crores ($296 million). Amarchand and AZB acted as the legal advisors to Kotak and Sumitomo respectively.

Chief Justices being sworn-in at Guwahati, Bombay, Allahabad and Calcutta High Courts

Thu, 01 Jul 2010 15:44:38 IST

Press India Bureau reports that President Pratibha Patil has appointed Justice Madan Bhimarao Lokur, Judge of the Delhi High Court as the new Chief Justice of the Guwahati High Court. He succeeds Chief Justice R.S. Garg who has since retired.

Justice Mohit Shantilal Shah is the new Chief Justice of the Bombay High Court, who was previously serving as the Chief Justice of the Calcutta High Court. He takes over from Justice Anil Dave who was elevated to the Supreme Court in April of this year.

Justice Jainarayan Patel, Judge of the Bombay High Court will become the new Chief Justice of the Calcutta High Court. He replaces Justice Mohit Shantilal Shah, who is now the Chief Justice of the Bombay High Court.

Justice Ferdino Inacio Rebello is the new Chief Justice of the Allahabad High Court.

P & H High Court: Petition against Bar exam: CJ recuses, State Bar Council Chairman resigns

Tue, 29 Jun 2010 18:35:49 IST

A law graduate from Nalsar has challenged the decision of the Bar Council of India (BCI) to impose the Bar exam on students graduating in the academic year of 2009-2010. The Chief Justice recused himself from the hearing as the BCI Chairman had sought his opinion on the Bar exam. Also, the Chairman of the Punjab & Haryana Bar Council has resigned citing the Bar exam rule. Our conversation with the Chairman, Partap Singh Saran.

Re-upped Round up: June 29: Shardul Shroff on non-executive directors, CCI, Judges flying Economy Class, Calcutta High Court, Baxi and Justice A.P. Shah

Tue, 29 Jun 2010 15:41:43 IST

The Economic Times reports on the non-executive directors failing to prevent wrongs, are liable. Views of Managing Partner of Amarchand & Mangaldas, Shardul S. Shroff, “The three categories of executive directors, promoter directors or non-executive directors have different roles and therefore different responsibilities and liability in corporate law.”

37.7% choose law firms, 20.9 % choose in-house and 9.8 % choose lit: Career paths of NLSIU, NALSAR and NUJS graduates

Mon, 28 Jun 2010 13:30:54 IST

Bar & Bench looks at career paths of the three ‘National’ law universities that were established; NLSIU, NALSAR, and NUJS. Whether the paths chosen by these young graduates have achieved the objectives of Bar Council of India and Government? Are these new career paths reflections of the new India? Should law graduates only join the Bar? Corporate law firms on a rampage to acquire talent?

Reliance announces $1.3 billion Shale deal: AZB, Baker Botts,Vinson & Elkins and Thompson & Knight advice

Fri, 25 Jun 2010 16:25:00 IST

Mukesh Ambani’s Reliance Industries (RIL), has agreed to pay Pioneer Natural Resources Co. and its partner Newpek LLC a sum amounting to $1.3 billion (Rs.5,850 crore) for a 45 percent stake in its Eagle Ford shale formation.In the Joint Venture (JV) Company, RIL will hold 45 percent stake with Pioneer at 46 percent and Newpek at 9 percent.

Re-upped Round up: June 25: Bar exam again, Lawyers released, Shipping laws, LPO, Pak bans 7 websites

Fri, 25 Jun 2010 14:34:53 IST

The Indian Express reports on four law students challenging the Bar’s decision in the High Court of Punjab and Haryana. The four students have made the Bar Council of Punjab & Haryana and the Union of India opposite parties in the petition. The petitioners appeared in their final semester exams in April 2010, and are now awaiting their results.

Juris Corp on growth mode: 11 Associates, 2 Partner Promotions and Conversation with Founder Partner

Fri, 25 Jun 2010 11:09:34 IST

Juris Corp is on an aggressive growth mode and has announced two internal promotions and has inducted 11 associates from the NLUs, Symbiosis and GLC Mumbai. Bar & Bench spoke to H. Jayesh, Founder Partner of Juris Corp on a variety of issues from law firm management, CSR and foreign law firms judgment.

Language in Courts - a bridge or a barrier?

Thu, 24 Jun 2010 17:11:03 IST

The Indian Judiciary system comprises of one Supreme Court and 21 High Courts spread across the country under each state. The principal official language of India is ‘Hindi’ while ‘English’ is the secondary official language. Article 343(1) of the Constitution provides that Hindi in Devanagari script shall be the Official Language of the Union.

Khaitan to expand Funds practice: Incorporates Shubhkam and iPro Capital

Thu, 24 Jun 2010 15:38:09 IST

Khaitan & Co’s Head of Funds Daksha Baxi (pictured) incorporated ‘Shubhkam Growth Fund’ and iPro Capital each of which will seek to invest nearly Rs.100 crore ($26.6 million).

Re-upped Round up: June 24: Tamil in HC and SC, Jaitley on Bhopal, Justice Santosh Hegde and Law in HRDâs Umbrella body

Thu, 24 Jun 2010 13:04:17 IST

President Pratibha Patil inaugurated a 5-day Tamil Conference that is being conducted with an estimated Rs. 400 crore ($88 million) bill. While the Tamil Nadu’s Chief Minister Karunanidhi’s dream Tamil conference was on its way, lawyers are fighting hard demanding Tamil be made the official court language.

National Litigation Policy â Pendency of cases to meltdown, from 15 to 3 years

Wed, 23 Jun 2010 20:07:19 IST

Minister of Law and Justice, Veerappa Moily announced the ‘National Litigation Policy’ (NLP) to reduce the average time of pending cases in India from 15 years to 3 years. Launching the NLP to make government an "efficient and a responsible" litigant, Moily said, “monitoring and review mechanism proposed under it would prevent delay or neglect of important cases such as the Bhopal gas tragedy.”

Re-upped Round up: June 23: I-bankers get 16,550 and law firms get 1 crore, Bar Exam, Dinakaran, Legal Reforms, Courts on wheels, Nepal Constitution

Wed, 23 Jun 2010 13:52:54 IST

The bankers for the Rs.12, 000 crore ($2.1 billion) disinvestment of National Mineral Development Corporation have been known to refuse the small pittance of fees that they are entitled to. The bankers are reported to have said that the cost of preparing the paperwork for the bill of Rs.16, 550 ($358) will be higher than the fees itself. The lawyers however have raised a bill of nearly Rs.1 Crore.

AZB & Platinum Partners brings Bin Ladin to Maytas

Wed, 23 Jun 2010 12:44:57 IST

The Ramalinga Raju promoted Maytas Infra Limited (Maytas) has found a new partner in Saudi based Bin Ladin Group. The Saudi Bin Ladin Group (SBG) was founded in 1931 by Sheikh Mohammed bin Laden, who overall had 22 wives and 53 children, is also the father of Osama Bin Laden.

Re-upped Round up: June 22: Reservation for locals in NLSIU, Moily on Bar Exam, Law against sexual harassment, Law School grading in America

Tue, 22 Jun 2010 11:20:03 IST

Advocate B.Srikumar has filed a public interest litigation in the Karnataka High Court seeking reserving of certain per cent of seats for domicile students.

Judges Spill - Cases piling up

Tue, 22 Jun 2010 11:08:12 IST

The President has appointed the Chief Justices of the High Courts of Madras and Patna. The President has also appointed five Judges at the Calcutta High Court.

Awards Update â Amarchand and AZB, Poovayya, Bharucha and ELP

Tue, 22 Jun 2010 10:45:12 IST

Amarchand & Mangaldas has been awarded the ‘International Turnaround Deal of the Year’ at the Turnaround Atlas Awards 2010 in Chicago, USA on June 17, 2010. The award was won on the ‘Satyam – Tech Mahindra’ deal. Amarchand was appointed by the Government nominated Board of Directors of Satyam Computer Services Limited, for supporting the directors in relation to the entire turnaround strategy of the company.

Conversation with the Jessup winning team: Australia National University

Mon, 21 Jun 2010 11:52:58 IST

The Australian National University (ANU) won the White & Case sponsored Jessup International Moot Court competition beating NALSAR in the semi-finals and Columbia Law School in the final rounds. After their vacation in the United States, the ANU team returned to Australia and spoke to Bar & Bench. Here are the excerpts of our conversation.

Re-upped Round up - June 21: Surrogacy Laws, Office space, soliciting lawyers and ULIPs

Mon, 21 Jun 2010 11:37:19 IST

News reports that matter: Introduction of The Assisted Reproductive Technologies (Regulation) Bill – 2010, lack of office space delays Justice Dinakaran's enquiry, ULIP controversy and Bombay High Court's enquiry on road side advocates.

Wipro to provide LPO services to Microsoft

Fri, 18 Jun 2010 17:02:20 IST

Wipro Technologies, Business Process Outsourcing (BPO) division has entered into a partnership with Microsoft Corporation to provide global Legal Process Outsourcing (LPO) services for Microsoft’s Intellectual Property (IP) portfolio.

Kishanganga Arbitration: India Appoints Vice President of ICJ and Swiss Professor; Pakistan appoints a Freshfields Group Head and a sitting judge of the ICJ

Fri, 18 Jun 2010 15:13:14 IST

India, has finally appointed Peter Tomka, Vice President and Sitting Judge of the International Court of Justice (ICJ) and Lucius Caflisch, a Swiss international law expert and also a Professor at the Graduate Institute of International Studies in Geneva to represent India in the Kishanganga project dispute with Pakistan. India failed to persuade Pakistan to resolve the dispute at the Government level.

Direct Tax Code â Conversation with SR Patnaik, Direct Tax Partner at Luthra & Luthra

Thu, 17 Jun 2010 13:42:16 IST

Finance Minister, Pranab Mukherjee on Wednesday released a draft of the Direct Taxes Code (DTC). The press release from the Government said “….Government will consider inputs and suggestions received from the public before finalizing the Direct Taxes Code Bill for introduction in Parliament sometime during the Winter Session.” The DTC and the Discussion Paper are available here.

First Bar Exam: Writ Petition by LA Shah Law College Students

Wed, 16 Jun 2010 17:14:59 IST

The first bar exam, to be held in December of this year is already facing its first litigation. Six law graduates from the state of Gujarat have filed a petition in the Gujarat High Court against the Union of India through the Ministry of Law and Justice.

Divorce made easy â Conversation with Ambika Soni, Information Broadcasting Minister

Wed, 16 Jun 2010 16:00:07 IST

The Union Cabinet on June 10 approved the introduction of Marriage Laws (Amendment) Bill, 2010 to further amend the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954, to include ‘irretrievable breakdown’ of marriage as another ground for obtaining divorce.

âWho is the Chief Justice?â: SC restrains Justice Shylendra Kumarâs order

Wed, 16 Jun 2010 14:32:01 IST

The Supreme Court has stayed the interim orders passed by Justice D.V. Shylendra Kumar in which he had made remarks about the administrative decisions including the composition of Bench, roster system and also allocation of matters to the puisne judges, by both the Registrar and the Chief Justice of the Karnataka High Court, Justice P.D. Dinakaran.

Capital Markets 2009-10 : Indian Law Firm Rankings

Mon, 14 Jun 2010 16:55:13 IST

Amarchand dominated the 2009-10 IPO-QIP transactions as the market bounced back in the later half of the fiscal year. A detailed ranking of law firms and conversations with capital market teams. This story is an excerpt of the detailed PDF report. To download click here.

International Legal Counsels â Jones Day leads

Mon, 14 Jun 2010 16:51:06 IST

Detailed rankings of 2009-10 IPO and QIP transactions and a list of foreign law firms who are actively involved in the Indian capital markets. This story is an excerpt of the detailed PDF report. To download click here.

Cyril Shroff, Managing Partner, Mumbai & National Capital Market head, Amarchand

Mon, 14 Jun 2010 16:20:59 IST

Bar & Bench spoke to Cyril Shroff, Managing Partner of the Mumbai office and National Capital Market head of Amarchand on his views about the changing trends and reasons for the firms dominance. This conversation is an excerpt of the detailed PDF report. To download click here.

Manoj Bhargava, Partner, Jones Day & Rajiv Gupta, Partner, Latham & Watkins

Mon, 14 Jun 2010 16:14:31 IST

Bar & Bench spoke to Manoj Bhargava, Partner, Jones Day, which has been the most active ILC and Rajiv Gupta, Partner, Latham & Watkins, recepients of the IFLR India Capital Markets Team of the Year award on their views about the changing trends in the Indian capital market landscape. The conversations here are an excerpt of the detailed PDF report. To download click here.

Neeta Sanghavi, Country Counsel, UBS

Mon, 14 Jun 2010 15:49:09 IST

Bar & Bench spoke to Neeta Sanghavi, Country Counsel, UBS to get a Clients perspective on the role of law firms in capital raising initiatives, challenges faced by in-house counsels and various criterion that form the basis of appointment of law firms. This conversation is an excerpt of the detailed PDF report. To download click here.

IDFC led consortium to recharge GMR Energy: AZB and Amarchand advice

Fri, 11 Jun 2010 18:43:45 IST

A consortium led by IDFC Private Equity, a division of Infrastructure Development Finance Company (IDFC) has entered into a Share Subscription and Shareholders’ Agreement with GMR Energy Limited to raise capital for its expansion plans. The other investors include Argonaut Ventures; a US based private equity fund and Ascent Capital Advisors India, an independent investment fund formed by the UTI Ventures team

JSA appoints former CCI Director General in an advisory role

Thu, 10 Jun 2010 11:07:47 IST

J. Sagar Associates, New Delhi (JSA), has appointed former Income Tax Commissioner and the first Director General of the Competition Commission of India (CCI), Amitabh Kumar as a Senior Advisor. He has regulatory and tax experience of nearly 31 years handling various government assignments.

Conversation with Ajmal Kasabâs newly appointed lawyer: Farhana Shah

Wed, 09 Jun 2010 17:44:06 IST

The Maharashtra State Legal Aid Services Authority (MSLASA) has appointed Ajmal Kasab with two counsels. Criminal Lawyers Amin Solkar and Farhana Shah have been appointed by the MSLASA. Kasab made a written application in Urdu on May 22, asking for legal aid to challenge the death penalty.

MMB Legal networks Tejas to acquire Israeli based Ethos Networks

Wed, 09 Jun 2010 13:24:07 IST

Tejas Networks Limited (Tejas), a Bangalore-based company engaged in the manufacturing of optical networking products has acquired Israel based Ethos Networks, which specializes in carrier ethernet and network management products. Tejas is the only Indian company that designs, produces, sells and maintains active telecom equipment used in the networks of many global operators. This is the first acquisition of an Israeli high-tech company by an Indian company.

Vodafoneâs call to Bombay High Court gets them relief from the IT Department - Dutt Menon Dunmorrsett appear for the telecom giant

Tue, 08 Jun 2010 18:37:11 IST

The British mobile services giant purchased 52 percent of Hutchinson's stake in Hutchinson Essar for $10.9 billion (Rs. 52,320 crores) in 2007. One of the biggest deals in mobile telephony, it set a precedent for cross-border transactions in India.

Legal Services Clinic-Law students giving back to the community

Tue, 08 Jun 2010 13:42:28 IST

“You make a living by what you get; you make a life by what you give”.-Winston Churchill. Bar & Bench takes a look at the lawyers who look out for people who fell behind in the rate race, or sometimes didn’t get a chance to run at all – the legal aid lawyers.

Judges Collegium system likely to end

Tue, 08 Jun 2010 11:11:31 IST

Union Minister for Law, Veerappa Moily said yesterday “The government may change the present system following allegations of delay and lack of transparency. The present practice does not “fully reflect” the two Supreme Court judgments which led to the creation of the existing system.

Bhopal Gas Tragedy judgement; 2 years for accused; Anderson still at large

Mon, 07 Jun 2010 18:06:04 IST

Even worse than the 40 tonnes of poisonous gas that descended onto Bhopal and the deaths it caused, is the judgement that was passed earlier today, 26 years hence. The court convicted the accused, sentenced them to imprisonment and released them on bail later the same afternoon.

Service Tax dispute continues: Delhi HC passes orders

Mon, 07 Jun 2010 17:39:59 IST

Senior Counsel Dr. Abhishek Manu Singhvi’s arguments in an earlier case helped to secure five petitioners favorable stay orders from the Delhi High Court on June 1 regarding the issue of levy of service tax on commercial rentals, pursuant to the amendments of the Finance Act, 2010.

First Bar Exam: Fears and worries notwithstanding, finds abundant takers.

Mon, 07 Jun 2010 17:08:31 IST

The first Bar exam heralding a new chapter in the history of Indian legal education will be held on December 5, 2010. The aim is to make admission to the Bar based on some amount of skill and also to elevate the level of legal proficiency in the country.

Public shareholding in listed companies increased to 25%: Capital Market lawyers to be busy

Mon, 07 Jun 2010 12:07:45 IST

The Government has made amendments to the Securities Contracts (Regulation) Rules by raising the threshold for public shareholding in the listed companies. The government has mandated listed companies to arrive at a 25 percent shareholding in the next three years.

Trademarks to be separated from IP office

Fri, 04 Jun 2010 19:24:34 IST

The Intellectual Property office is planning to separate its trademark registry division from the division which currently deals with patents, trademarks and designs. This move could result in a balanced focus on trademarks as well as patents.

Vaish Associates promotes 9 key associates to partnership

Fri, 04 Jun 2010 19:14:52 IST

The New Delhi-based Vaish Associates has revamped its management by promoting nine key associates from their New Delhi, Mumbai and Gurgaon offices to partners. Vaish Associates is one of India's top tax advisory firms and has marked its presence in Bangalore, Gurgaon, Mumbai and New Delhi.

Justice Dinakaran: âTo Court or not to Courtâ

Fri, 04 Jun 2010 10:48:53 IST

On Wednesday, rumor had it that Justice Dinakaran had decided to resume his judicial functions. Yet again, threats of protest from local lawyers led by the Advocates Association’s President, K.N. Putte Gowda, led to Justice Dinakaran changing his mind and not attending court.

AZB dominates Q1 M&A league tables â Reuterâs report

Thu, 03 Jun 2010 08:02:09 IST

Thomson Reuters, which is amongst the world’s leading sources of information for businesses and professionals has published their quarterly report titled ‘Emerging Markets M&A’ on legal advisors. The report ranks law firms on the basis of their involvement in M&A transactions across emerging markets including India.

Meenakshi Arora withdraws consent to be Delhi HC Judge; CJI wants review of the 5 member list

Wed, 02 Jun 2010 19:06:51 IST

Chief Justice of India, S.H. Kapadia (CJI) has recommended that the names of five senior lawyers who were recommended by former Chief Justice of the Delhi High Court, Justice A.P Shah for their appointment as judges to the Delhi High Court be reviewed.

Bar Council logs in with Rainmaker: Bar Exams, Law School in every state, Oppose Foreign Law Firms

Wed, 02 Jun 2010 18:31:53 IST

The Bar Council of India has today released its vision statement for the next two years covering 2010-2012. The ceremony, was convened by Law Minister Veerappa Moily, and was also attended by Gopal Subramaniam, Solicitor General of India and Chairman, Bar Council of India; Dhanpal Raj, Vice President of BCI; Prof. V.B.Coutinho, Directorate of Legal Services and Nikhil Chandra, CEO Rainmaker.

Amarchand gets 4 New Partners â Total tally reaches 48

Tue, 01 Jun 2010 22:13:09 IST

Amarchand Mangaldas has promoted and hired laterally partners across their offices at Mumbai, Delhi and Kolkata, effective April 1 this year. These promotions bring the partner tally up to 48 across the country. A new tax partner is scheduled to join the Amarchand fold soon.

Gadgets: Lawyersâ New Best Friends

Tue, 01 Jun 2010 19:29:58 IST

The world of gadgets has evolved in the last decade from being a pure luxury item to a necessity. From state-of-the-art conference rooms to smartphones, these gadgets allow you to carry your office around the globe. Gauri Manga takes a look at the various gadgets currently in vogue with lawyers.

Supreme Court says live-in relationships are fine but donât expect ancestral property

Tue, 01 Jun 2010 11:31:36 IST

The Supreme Court held that a child born out of a live-in relationship is not entitled to claim inheritance in Hindu ancestral coparcenary property (in the undivided joint Hindu family) and can only claim a share in the parents’ self-acquired property.

CLAT Results: Conversation with the Topper, NLSIU favourites, LST continues their top performance

Mon, 31 May 2010 11:45:51 IST

Common Law Admission Test results were announced on Saturday. 16,350 students had appeared for the exam, which was conducted on May 9, 2010. 11 Law Schools participated to choose students through CLAT. The results were announced in less than 3 weeks, with Pragya Vats leading the ranks with 165 marks out of 200.

High Spirits in the liquor market; Cobra Beer acquires 76% in Iceberg; AZB, ALMT and Herbert Smith advise

Fri, 28 May 2010 19:58:20 IST

The Karan Billimoria-promoted Cobra Beer acquired a controlling stake in Iceberg Industries, a leading brewery based out of Bihar which manufactures Fosters beer.

In the first stage of this back-to-back transaction, Krrish Infrastructure and Brahma Capital acquired 25 percent equity in Cobra India making it a joint venture between Krrish, Brahma and Lord Bilimoria.

In the second stage, Cobra India acquired 76 percent of the equity in the Katyal family owned brewery, with Amit Katyal retaining a 12 percent in Iceberg. Brahma Capital acquired the remaining 12 percent.

The total consideration that passed hands for the purchase of 50 percent in Cobra India was £7.5 million (Rs. 56 crore). The 76 percent in Iceberg, meanwhile cost and for the purchase of 76 percent in Iceberg cost £2.5 million (Rs. 19 crore).

This acquisition by Cobra confirms founder-Chairman Lord Bilimoria's intention to become a key player in the Indian beer market. Established 1989, Cobra Beer is one of the UK’s fastest growing beer brands. Cobra recently entered into a joint venture with Molson Coors and the joint venture entity, Cobra Beer Partnership Limited, now owns the Cobra Brand.

AZB & Partners’ Mumbai office led by partners Hardeep Sachdeva and Essaji Vahanvati advised Brahma Capital and Krrish Infrastructure. They also advised Cobra India in its acquisition of 76 percent in Iceberg. ALMT Legal advised Iceberg while Herbert Smith’s London office advised Molson Coors.

Cobra will likely face strong competition from the Vijay Mallya owned United Breweries Group, whose flagship beer, Kingfisher, has been India's beverage of choice.

Showtime: NLSIU showcasing budding film makers

Fri, 28 May 2010 18:15:10 IST

The Law and Society Committee (Society) at NLSIU is conducting the second edition of their film festival - ‘When the Lights Went Out’. The festival, with youth affairs as the central theme, starts tomorrow and continues till May 30 at the Centre for Film and Drama on Millers Road in Bangalore.

3.8 million and counting: Moily demands special courts for cheque dishonour cases

Fri, 28 May 2010 13:51:05 IST

That the credibility of a cheque has eroded over the last few years is no secret. Law Minister Veerappa Moily wrote to the Finance Minister, Pranab Mukherjee, stressing on the need to set up special courts to deal with matters pertaining to dishonour of cheques.

Is Justice Shylendra Kumar flirting with danger?

Thu, 27 May 2010 21:49:10 IST

Justice D.V. Shylendra Kumar’s outspoken nature is not new for most of us. However, in recent days his pronouncements have once again assumed prominence. Justice Kumar published a transcript of a lecture he had delivered at the SDM Law College, Mangalore on his blog a few days ago.

Axis Bank buys Bombay Dyeing building: Khaitan and Crawford Bayley advice

Thu, 27 May 2010 21:27:36 IST

The Bombay Dyeing and Manufacturing Company Limited (Bombay Dyeing) has sold its entire building in a private IT park at Worli measuring around 3,50,553 square feet to Axis Bank Limited (Axis) for a total consideration of Rs.790 crores ($170 million).

AZB helps raise 8,500 crore for Airtelâs 3G expansion

Thu, 27 May 2010 21:20:54 IST

Bharti Airtel has raised Rs. 8,500 crore ($1.8 billion) from a consortium of financial institutions, led by the State Bank of India. AZB's Delhi-based partner, Yashwant Mathur along with associate Mukul Sharma advised Airtel while the SBI team was advised by their in-house legal counsels.

German twins set to go home; SC stresses on urgent need for surrogacy laws

Thu, 27 May 2010 20:39:04 IST

After two years of heart rendering legal troubles, German twins Leonard and Nikolas Balaz, will finally be allowed to go home. The Balaz case only highlights an urgent need for legislation, or at the very least, a comprehensive policy on surrogacy laws.

Khaitan, Trilegal drive Mahindra-Reva deal

Thu, 27 May 2010 16:22:46 IST

Mahindra purchased a 55.2 percent stake in Reva which cost them Rs. 45 crore. Khaitan's Ravi Kulkarni, Nikhilesh Panchal and Joy Jacob advised Mahindra while Trilegal's Rahul Matthan and Harshita T, advised Reva. With the conclusion of this deal, Reva will be renamed as Mahindra Reva.

NALSA planning permanent LACs

Wed, 26 May 2010 21:14:13 IST

The National Legal Services Authority (NALSA) is planning several permanent Legal Aid Clinics (LACs) at the Taluk level. These LACs are to be manned by a trained lawyer deputed by the respective District Legal Service Authority, and shall be established near the Primary Health Centres.

U. Sarath Chandra, member-secretary of NALSA earlier informed Times of India (ToI) that Panchayats and Block Offices have been asked to give office space to the LACs. The LACs are to help solve petty disputes and assist in writing application forms for the illiterate.

The NALSA was constituted in December 1995 under the aegis of Dr. Justice A.S. Anand of the Supreme Court of India as the Executive Chairman. Traditionally, the senior most judge of the Supreme Court after the Chief Justice assumes the chairmanship of NALSA. Currently this post is held by Justice Altamas Kabir.

Chandra revealed that he intends to capitalize on rural India’s inhibition in dealing with government officials. He went on to add that the free legal advice would be available to all irrespective of their financial status, unlike in the urban areas, where financial status is a consideration for free legal aid.

However, significant problems continue to exist. “Finances have been a real difficulty in making LACs operational on a daily basis,” Chandra told ToI. As of now, the deputed lawyer would have to go to the LAC once a week, and gradually the frequency is to be increased.

Financial issues apart, the real problem will arise in ensuring the competence of the lawyers who are to staff the LACs. It is upon the NALSA and the District Legal Services Authorities to guarantee quality and ensure that lawyers do not treat the LACs as mere default employment opportunities.

SC stays death sentence of American Centre attack accused

Wed, 26 May 2010 21:09:58 IST

The Supreme Court on Tuesday stayed the death sentence handed out by a lower court to one of the main accused in the 2002 terrorist attack on the American Centre in Kolkata which resulted in the death of 6 policemen.

Ananta Barua is Sebiâs new Executive Director

Wed, 26 May 2010 16:55:10 IST

Ananta Barua was appointed as the Executive Director, Securities and Exchange Board of India (Sebi) last week. Previously he served as the Legal Advisor in Sebi’s Legal Affairs Department since 1992.

AZB, Dorsey & Whitney call on One97 Communications IPO

Wed, 26 May 2010 16:08:59 IST

AZB & Partners and Dorsey & Whitney are acting as the advisors for One97 Communications and its underwriters respectively, on the former's IPO.

The telecom application platform developer which also provides value added service provider to telecom companies, consumers and enterprises in India also implements turnkey projects for telecom operators and business enterprises on solution design, project management, supply and systems integration, commissioning and technical support.

One97 intends to use the proceeds to procure telecom equipment and software for installation at its office and at the customers' office in addition for general corporate purposes. One97 is promoted by Vijay Shekhar Sharma and is planning to raise approx. Rs. 120 crore ($25.25 million). The draft red herring prospectus was filed with the SEBI on May 18, 2010.

Dinakaran problem continues: probe panel reconstituted

Tue, 25 May 2010 19:58:34 IST

The probe panel set up by Vice President Hamid Ansari to probe allegations of corruption and land grabbing against the Chief Justice of the Karnataka HC, Justice P.D. Dinakaran, has been reconstituted following the elevation of the Chief Justice of the Bombay HC, Justice A.R. Dave to the SC.

Indian-American Neal Katyal poised to become the next US Solicitor General

Tue, 25 May 2010 18:58:21 IST

India-born lawyers seem to be climbing up the legal ladder in the United States with alarming speed. Another instance of the Indian-American success story is the appointment of legal whiz Neal Katyal as the Acting Solicitor General. With Elena Kagan’s nomination to the Supreme Court, Katyal’s appointment is virtually confirmed.

âUncle Judgesâ â relatives in court; P&H HC forwards names to Law Ministry

Tue, 25 May 2010 15:38:36 IST

The Chief Justice of the High Court, Justice Mukul Mudgal has forwarded a list of 16 judges to the Ministry of Law & Justice, whose relatives practice in the same court. Earlier this year, the ministry had sought the high courts to furnish such a list.

Former SEBI executive director, IIM faculty, to launch boutique securities firm

Tue, 25 May 2010 10:09:27 IST

Faculty at the Indian Institute of Management, Ahmedabad and former executive director of SEBI, Sandeep P. Parekh has set up a boutique law firm. Finsec Law Advisors will be located in the Fort area in Mumbai and will advise specifically on legal issues relating to securities law.

GMR QIP; Skadden, Luthra, Amarchand advise

Mon, 24 May 2010 20:01:19 IST

Skadden, Arps, Slate, Meagher & Flom’s corporate partner from Hong Kong, Edward Lam with Moshe Kushman, the tax partner based out of Los Angeles, advised the bankers in the $315 million (Rs. 1,480 crore) Qualified Institutional Placement (QIP) by GMR Infrastructure Limited. Luthra & Luthra’s Delhi offices, led by capital markets partner, Madhurima Mukherjee advised the bankers.

Amarchand Mangaldas’ Bangalore offices advised GMR Infrastructure on the issue. The transaction is said to be the largest QIP by value in 2010. The shares were placed mostly with investors outside India, including investors in the United States.

GMR had attempted to raise funds via two other QIPs, which they later withdrew. The same teams advised, except that Amarchand Mangaldas were the domestic advisors to bankers and Luthra advised the company. The GMR Group is a leading global infrastructure major with presence in the Airports, Energy, Highways, Urban Infrastructure including SEZs and the agri-business sectors.

Qualifying a reference to arbitrate - N. Radhakrishnan v. Maestro Engineers and Ors. reviewed

Mon, 24 May 2010 19:55:21 IST

In this feature, authors Ruchi Mahajan and Jai Mohan of Amarchand Mangaldas discuss the implications of the judgment of the Supreme Court in N. Radhakrishnan vs. Maestro Engineers. This article was rated as the Most Popular Article In India for April 2010 by Mondaq Content Awards.

Terrific weekend for Luthra & DLA: EIL and Coal India IPOs announced

Mon, 24 May 2010 12:23:20 IST

Six law firms had a 30-minute window to convince the Government on why they should be chosen for the disinvestment for the state run Engineers India Limited on Friday. Luthra & Luthra along with DLA Piper have won the bid to represent the Government for the EIL and Coal India IPOs.

Abbott buys out Piramal for $3.7 Billion; Luthra, Crawford Bayley, Baker & McKenzie, Stephenson advise

Sat, 22 May 2010 16:05:28 IST

Abbot Healthcare signed a definitive agreement with Piramal Healthcare to acquire full ownership of Piramal's domestic formulations, which manufactures generic drugs, for an up-front payment of $2.12 billion (Rs. 9,945 crore) and an additional $400 million (Rs.1,876 crore) to be paid annually for the next four years.

Deepak Kapoor, Chief Executive Officer and Founder Director, Manupatra

Thu, 20 May 2010 11:41:13 IST

Deepak Kapoor is not a lawyer. His career path starts with a steering wheel manufacturer before moving on to a petrochemical industry and later, a financial services company. Teaming up with Sanjiv Saraf, he started Manupatra, India's most recognizable online legal precedent database.

Amarchand to merge ICICI and Bank of Rajasthan

Thu, 20 May 2010 00:51:01 IST

Amarchand Mangaldas has been appointed as the sole counsel for the ICICI Bank (ICICI) merger with Bank of Rajasthan (BoR). The deal that was announced in Tuesday will increase the strength of BoR in northern India and some parts of western India.

Law Firms bidding begins on EIL: Six firms shortlisted

Thu, 20 May 2010 00:00:27 IST

Engineers India Limited (EIL), an engineering and technical service company is planning to raise about approximately Rs. 1,200 crore ($266 million) by way of a follow on issue has shortlisted six law firms who will make a 30 minute pitch to be selected as the legal advisor to the Government.

Suditpa Routh joins Luthra partnership from Clifford Chance

Wed, 19 May 2010 13:11:39 IST

Sudipta Routh, Senior Associate at Clifford Chance has joined the partnership at the Mumbai office of Luthra & Luthra. The India and England qualified lawyer is considered to be a specialist in cross border finance, foreign investments, M&A, restructuring and private equity.

Sutherland buys Adventity; advised by S&R Associates

Mon, 17 May 2010 20:59:44 IST

New York-based IT outsourcing firm Sutherland Global Services (Sutherland) has acquired a 100 percent stake in the Mumbai headquartered Adventity Global Services (Adventity) in an all cash deal. Sutherland which specializes in integrated business process outsourcing (BPO) solutions across front and back offices of their clients employs over 25,000 people across the United States, India, Mexico, Philippines and other countries.

Adventity focuses on BPO services to banks and financial services companies and the airline and travel industry. Though the total consideration of the acquisition was not forthcoming, some media reports indicate the deal to valued around Rs. 250 crores ($55 million).

Speaking to the media, Adventity Global Services CEO Kumar Subramanian said “Our global search for the right partner ended with Sutherland, in whom we found a company, who would take the leadership position in the BPO space. In Sutherland we found a true multi-national with a balanced and global delivery approach."

Sutherland was advised by the Delhi office of S&R Associates, led by Partner Rajat Sethi with Associates Venkatesh Vijayaraghavan, Vikram Jeet Singh, Dhruv Nath and Prashant Roy.

NYSE exits NSE: AZB for NYSE

Mon, 17 May 2010 20:53:33 IST

The New York Stock Exchange (NYSE) exited from the National Stock Exchange (NSE) by transferring the 5 percent stake it held, to Singapore government-held Temasek investment entity, Aranda Investments.

With this NYSE exits its 2007 stake in the Indian exchange. Though no reasons have been forthcoming regarding the exit, sources speculate that NSE’s tie up with Chicago Mercantile Exchange (CME) did not go well with NYSE. NYSE and the CME have been traditional rivals.

The disinvestment is valued to be around Rs. 822 crores ($175 million). NYSE was advised by the team from the Mumbai office of AZB & Partners led by Partner Darshika Kothari, who advised them on the negotiating and drafting of definitive transaction documentation and regulatory applications, corporate approvals and other miscellaneous documentation involved with the transaction. The firm also provided advisory services in relation to Indian regulatory and compliance matters.

Kalpataru powers on with QIP issue; AZB, Luthra, CC advice

Mon, 17 May 2010 20:47:27 IST

Kalpataru Power Transmission have managed to raise Rs. 450 crore ($100 million) through the issue of 4 million equity shares at Rs. 1,075 ($ 24) each share. The Gandhinagar-based company is one of the global leaders of turnkey projects for transmission lines up to 800 KV, with presence in real estate, civil contracting, international trading and consumer goods and services sectors.

Executive Director of Kalpataru, Manish Mohnot confirmed to media persons that they intend to utilise the proceeds to create additional growth opportunities for the group. AZB & Partners’ Mumbai offices led by capital markets Partner Shameek Chaudhuri led the team in advising the company.

The Global coordinators and book runners were advised on domestic law by Luthra & Luthra's Mumbai offices led by Partner, Manan Lahoty while they were advised on international law by Clifford Chance's Singapore offices.

NLU results out, LST students get Top Honours

Mon, 17 May 2010 20:40:10 IST

The results for the National Law University, Delhi entrance examination were declared yesterday with most of the top students from Career Launcher’s Law School Tutorials. The Symbiosis Law School's shortlist is due on May 20, while the CLAT results are expected on May 29.

The Generation that Doesnât Want to Work (For Other People)

Mon, 17 May 2010 20:28:25 IST

Lexpert examines the trend that is sweeping the present generation of lawyers who only want to do the work that they want to and how law firms increasingly need to adopt newer methods to empower their young people further while continuing to serve their clients with dedication.

Excise duty on assembly of plant and machinery at site

Mon, 17 May 2010 18:18:58 IST

Whether or not a process amounts to manufacture of goods, and the consequent Excise Duty payable if it does, has been in dispute between the government and the industry for years. Ashok Dhingra, the tax partner at J.Sagar Associates looks at the caselaw that defined these disputes.

Dipak Misra new Delhi HC CJ

Mon, 17 May 2010 14:37:42 IST

Chief Justice Dipak Misra of the Patna High Court has been transferred to the Delhi High Court. He is expected to assume charge on or before May 28. Bar & Bench had earlier reported rumors of his transfer.

After starting his practice in 1977 at the Orissa High Court, he was appointed as an additional judge in the same court in 1996. A year later he was transferred to the Madhya Pradesh High Court where he became a permanent judge. In 2009 he assumed charge as the Chief Justice of the Patna High Court. Justice Madan B. Lokur has been holding the fort at Delhi as Acting Chief Justice since Justice A.P. Shah’s retirement in February.

Single Member Committee to look into HC Benches

Mon, 17 May 2010 13:13:08 IST

“We have decided to form a one-man committee to look into demands for setting up High Court (HC) benches,” said the Union Law Minster, Veerappa Moily on Saturday. After growing demands from numerous states for HC benches the Law Ministry has decided to appoint a one man committee comprising a former Chief Justice of India to look into the several demands.

Kerala, Rajasthan, Orissa and Uttar Pradesh have been demanding benches for a variety of reasons. As things stand, the States Reorganization Act governs the institution of additional high court benches. Essentially, the decision for a new bench lies with the concerned Chief Justice.

However, this proposal is yet to reach the cabinet ministry whose approval is necessary. A Law Commission Report released in ’09 had stressed on the need for creating benches of the High Courts. The report had observed, “If there is manifold increase in the strength of the judges and the staff, all cannot be housed in one campus. Therefore, establishment of new benches is necessary.”

So perhaps this is the first step in a long road ahead to HC benches and hopefully they should be able to reduce the case load.

NLS proud! Making the right choices?

Mon, 17 May 2010 11:49:39 IST

The final results of the coveted civil services examinations were declared by the Union Public Service Commissionon May 6, 2010. This year 875 candidates have been recommended for appointment by the UPSC, of these two candidates, Ashutosh Salil and Cyril Darlong Diengal are graduates of the National Law School, Bangalore.

Largest Outsourcing deal: CMS Cameron Mckenna signs a Â£585 Million Deal â No âlegal outsourcingâ yet

Sat, 15 May 2010 15:17:24 IST

CMS Cameron McKenna LLP, the leading European provider of legal and tax services has signed a 10-year agreement with Integreon, a leading legal and financial outsourcing outfit for what is called a “Middle Office services” outsourcing.

âHousefullâ at the Calcutta High Court; FML, NPC advise

Fri, 14 May 2010 17:57:25 IST

The High Court of Calcutta on Thursday allowed film producer Sajid Nadiadwala of Nadiadwala Grandson Entertainment to use the remixed version of the song 'Apni toh jaise taise' in his comedy flick, ‘Housefull’, subject to several conditions.

ELP advise HAL on tax dispute in SC

Fri, 14 May 2010 10:08:42 IST

The Supreme Court on Wednesday issued notices to the Sales Tax and Value Added Tax departments of the Government of Karnataka in response to a Special Leave Petition (SLP) filed by Hindustan Aeronautics Limited (HAL).

The sales tax and VAT departments had issued tax demands to the tune of Rs. 1,500 crore ($332 million) and had attached HAL’s bank accounts to recover the dues.

A Division Bench of the Supreme Court comprising Justices D.K. Jain and C.K. Prasad stayed the recovery of tax from HAL earlier this week and issued notice to the Karnataka Government. HAL was represented by Senior Counsel Harish Salve, who was briefed by Economic Law Practice partner, Tarun Gulati. He argued that a 1984 judgment of the Supreme Court had held HAL to be an entrustment of the Government of India and had exempted it from sales tax.

AMSS, AZB and Simpson Thacher cement KKRâs investment in Dalmia

Fri, 14 May 2010 08:13:49 IST

Private equity giant Kohlberg Kravis Roberts (KKR) invested Rs. 750 crores ($166 Million) in Dalmia Cements to record the largest private equity investment in India's cement industry.

Naik, Paranjpe and Co., help âKitesâ to fly on time

Thu, 13 May 2010 18:53:42 IST

The eagerly awaited Hrithik Roshan starrer, ‘Kites’ will release on its stipulated date thanks to their lawyers, Naik, Paranjpe and Co. The movie had run into trouble when Laxmi Narayan Prasad filed a copyright infringement suit in a Bihar Civil Court.

18 Judges of the Karnataka High Court Declare Assets

Thu, 13 May 2010 18:09:54 IST

18 judges of the Karnataka High Court on Wednesday publicly declared their assets on the court’s official website. Of the 36 judges in the High Court, 8 judges are yet to declare their assets, and 6 other judges have elected not to publicly disclose their assets on account of a lack of legislation.

Tata Steel raises $2.08 billion via debt; Luthra advises

Thu, 13 May 2010 16:46:46 IST

The world’s eighth largest steel manufacturer, Tata Steel, has successfully raised a debt of $ 2.08 billion (Rs. 9,061 crore) from a consortium of 22 banks led by the State Bank of India, to finance its expansion plans at its Jameshdpur plant.

Luthra & Luthra Law Offices advised the consortium of banks that included HDFC, ICICI and Axis Bank. Tata was advised by its in-house counsel. Luthra’s team was led by Mumbai-based Partner Vijaya Rao and Aviation Law Partner, Aniket Sengupta. They were assisted by associates Rohit Raghavan and Karan Mitroo.

The Need For Improvement In Indian Corporate Governance Practices: Part II

Wed, 12 May 2010 19:40:23 IST

In the second of three articles on the necessity to improve corporate governance, Shubi Arora writes about the need to tighten regulations with respect to affiliate transactions and preferential warrants.

Vedanta buys Angloâs Zinc Mine Assets: Dewey & LeBoeuf advise

Wed, 12 May 2010 19:24:52 IST

UK-based Vedanta Resources, one of India’s largest mining companies, acquired the zinc assets of another UK-based mining and natural resource group, Anglo American PLC. The company paid $1.34 billion (Rs. 6,011 crore) for the assets.

This deal gives Vedanta a 11 percent hold on the global zinc industry, affirming its position as the largest zinc producer in the world. Vedanta may be acquiring the assets through its sister concern, Hindustan Zinc. This transaction forms a part of Vedanta’s expansion plan. Reports indicate that Vedanta proposes to acquire mines in Namibia, Ireland and South Africa.

Vedanta Chairman, Anil Agarwal told mediapersons, “These high-quality assets complement Vedanta’s existing portfolio, creating the largest zinc and lead producer in the world. We intend to rapidly develop Gamsberg, one of the largest high-quality zinc projects in the world, leveraging our world-class large project development expertise.”

Vedanta was advised by the team from the New York-headquarted Dewey & LeBoeuf. London-based corporate Partners, Camille Abousleiman and Simon Briggs. Partners Peter Crowther and Nicholas Rock advised on Competition Law and Environmental Law respectively.

Citi India bulks legal department with big names

Wed, 12 May 2010 18:55:41 IST

Citi India today appointed dual-qualified Sandip Beri and former Clifford Chance senior associate, Munish Nagpal as Legal Heads of Citi India and Citigroup Global Markets respectively.

Video Interview â âThe Dharma of Capitalismâ: Zia Mody

Wed, 12 May 2010 17:10:43 IST

In an interview with author Gurcharan Das for Bloomberg- UTV’s show “The Dharma of Capitalism,” Zia Mody allowed viewers a glimpse of the ethics that makes one of the finest lawyers of our times.

National Company Law Tribunal: Government asked to amend laws

Wed, 12 May 2010 15:34:13 IST

A constitutional bench of 5 judges led by Chief Justice K.G. Balakrishnan and comprising Justices R.V. Raveendran, J.M. Panchal, D.K. Jain and P. Sathasivam yesterday upheld the order of the Madras High Court, regarding the formation of the NCLT, contrary to several media reports.

Outgoing CJI hands over reins to Justice SH Kapadia

Wed, 12 May 2010 14:42:27 IST

As Justice K.G. Balakrishnan retires and hands over the reins of one of the largest judiciaries in the world to Justice S.H. Kapadia, Bar & Bench takes a look at his tenure as Chief Justice. President Prathiba Patil swore in Justice Sarosh Homi Kapadia this morning.

Al Fayed sells Harrods; Herbert Smith and Latham & Watkins advise

Wed, 12 May 2010 02:01:17 IST

Harrods, the iconic London Store has been sold by Mohamed Al-Fayed and his brothers to the Qatari royal family for a whopping £1.5 billion (Rs. 10,000 crore). The company is purchased by Qatar Holdings, an arm of the Qatar Investment Authority (QIA), which is a sovereign arm of the Qatari Royal Family.

Legal Week reports that Herbert Smith's London office advised Mohammed Al-Fayed. The firm has consistently advised the Al-Fayed family and its trusts since they took over the Knightsbridge store in 1985. Corporate Partner, Roddy Martin with Senior Associate Mike Flockhart led the transaction for Al Fayed. Latham & Watkins who advised the Qatari Ministry of Economy and Finance on the region's largest ever bond offering last year, reprised their role on this deal. The London head and Corporate Oartner Nick Cline with fellow corporate partner Mike Bond advised QIA on the transaction.

JGLS Chancellor Naveen Jindalâs support to Khap Panchayat creates storm

Tue, 11 May 2010 19:10:35 IST

Chancellor and Founder of JGLS, Naveen Jindal supported the demand of Khap Panchayats demanding amendment to the Hindu Marriage Act to ban marriages within the same sub-caste.

Garrigues says âSiâ to Dua â New Best Friends

Tue, 11 May 2010 17:59:12 IST

Madrid-based firm, Garrigues has stepped foot in India with a non-exclusive cooperation agreement with the Delhi-based Dua Associates. This is the first Spanish firm to make an overt move into the Indian market.

SC provides respite for Reddy brothers

Mon, 10 May 2010 21:43:35 IST

A Special Bench comprising outgoing Chief Justice K.G. Balakrishnan, Justice Deepak Verma and Justice B.S. Chauhan, today allowed the Reddy quartet’s mining company, Obulapuram Mining Company (OMC) to mine in undisputed areas but so long as it is not within 150 meters from the Karnataka border.

Bithika Anand parts way with Rainmaker; starts Legal League Consulting

Mon, 10 May 2010 21:40:21 IST

In breaking news, partners in Rainmaker Consulting, Rainmaker and former Amarchand Mangaldas Chief Operations Officer, Bithika Anand have parted ways, albeit amicably. Anand has now started Legal League Consulting (LLC), offering management consulting to the legal industry. Rainmaker Consulting however, continues to function independently.

Woman Power in US SC: Former Harvard Law School Dean nominated as Judge; Preeta Bansal may be next Solicitor General

Mon, 10 May 2010 13:30:36 IST

Former Dean of Harvard Law School and Solicitor General Elena Kagan has been nominated as the 112^th Judge of the US Supreme Court. Rumours say Preeta Bansal, former Solicitor General of New York, may be appointed as the next Solicitor General.

New office bearers at SCBA: Ram Jethmalani elected President

Mon, 10 May 2010 08:25:20 IST

Former Union Law Minister and Senior Advocate Ram Jethmalani has been elected as the President of the Supreme Court Bar Association (SCBA). Other office bearers who were elected include P.K. Jain, Vice-President; Sanjay Bansal, Secretary; Anil Hooda, Assistant Secretary; K.K. Mani, Treasurer and Priyanka Mathur, Assistant Treasurer.

Breather for RIL, Victory for Government; Window of hope for Anil Ambani

Fri, 07 May 2010 16:53:08 IST

After 7 months of reaching the SC, it has finally delivered a judgment that may favour the elder brother, Mukesh Ambani. Bar & Bench had covered in detail the entire Reliance dispute as it unfolded, estimated to be between $17 billion (Rs. 81,600 crore) to $75 billion (Rs. 3,60,000 crore).

Amarchand advise Tecpro Systems in relation to its IPO

Fri, 07 May 2010 15:07:42 IST

Tecpro Systems, a company which offers turnkey solutions to construction and engineering companies and provides material handling and material moving systems at construction and plant level for steel, power and cement sectors has filed its draft offer document with the Securities and Exchange Board of India.This is Tecpro’s second attempt at going public, the first being in 2007.

Calling all students: NLIU, Bhopal launches law review; Jharkhand gets NLU

Fri, 07 May 2010 14:52:13 IST

Law students and aspiring law candidates have a lot to look forward to this academic year. The institution of the new National University of Study and Research in Law (NUSRL) in Jharkhand, the 12^th national law university, comes as a boon to aspiring law candidates in India.

Kasab Sentenced to Death on Four Counts

Thu, 06 May 2010 17:40:54 IST

"To be hanged by the neck till death," were the words of Judge Tahiliyani as he read out Mohammed Ajmal Amir Kasab’s verdict after each of the 4 counts. On May 4, he had been found guilty of murdering seven people and helping murder another 159.

Patna, Himachal High Courts to get Woman CJs

Thu, 06 May 2010 17:28:38 IST

Justice Rekha Manharlal Doshit, the senior most judge of the Gujarat High Court has been recommended by the collegium to become the next Chief Justice of the Patna High Court. She will become the first woman to head the court which exercises its jurisdiction over Bihar.

Justice Doshit was admitted to the bar in 1977. After practicing in the Gujarat High Court she was made an Additional Judge of the Gujarat High Court in 1995 and made permanent two years hence. Sources inform that the present Chief Justice of the Patna High Court, Dipak Misra, may be transferred to the Delhi High Court as Chief Justice.

Also Justice T. Meena Kumari (pictured), the senior most judge of the Andhra Pradesh High Court has been recommended for elevation as the Chief Justice of the Himachal Pradesh High Court. She has previously served as an Acting Chief Justice of the Andhra Pradesh High Court when Justice Anil Ramesh Dave was transferred to the Bombay High Court.

Justice T. Meenakumari was admitted to the bar in 1976 and was made an Additional Judge of the same court in 1998. After a brief stint in the Madras High Court for two years, she returned to the AP High Court in 2001.

In India, women constitute less than 10 percent of the sanctioned strength in the higher judiciary. Perhaps with these new appointments along with Justice Gyan Sudha Misra’s elevation to the apex court, we might be seeing a change in the direction of the wind.

All in the sub-continent: Preet Bharara is lead prosecutor in Times Square bombing plot accused

Thu, 06 May 2010 17:11:06 IST

The upcoming trial of Pakistani-American Faisal Shahzad, who is the main accused in the May 1, 2010 failed Times Square bombing plot, has the makings of a blockbuster movie. Leading the prosecution against Shahzad is Indian-American US Federal Attorney, Preet Bharara.

Shahzad who is accused on five counts including using a weapon for mass destruction is a naturalised American citizen, was apprehended by the US Customs and Border Protection officers at the John F. Kennedy airport as he tried to flee the country.

Preet Bharara, who was appointed as a Federal Attorney by American President Barack Obama in May of last year is a Harvard and Columbia educated lawyer who has been widely appreciated for his professionalism and legal skills since being appointed as the head of the US Attorney office of the Southern District of New York.

Bharara leads a team of over 200 lawyers who are currently involved in the prosecution of high profile cases that include the prosecution of billion dollar Ponzi scheme perpetrator Bernie Madoff and 9/11 mastermind Khalid Sheikh Mohammed.

Bharara is handling the prosecution of the Sri Lankan billionaire and founder of Galleon Group, Raj Rajaratnam and Indian Americans Anil Kumar and Rajiv Goel in one of the biggest insider-trading scams to hit the American economy as well as the recent Securities Exchange Commission inquiry of Goldman Sachs.

Justice Sen files reply to the Council of States

Thu, 06 May 2010 16:41:48 IST

Justice Soumitra Sen of the Calcutta High Court yesterday filed his reply to the inquiry panel of the Council of States.58 members had moved a motion to impeach the judge on the basis of a recommendation by the CJI, K.G. Balakrishnanan.

JSA, Wadia Ghandy on Hitachiâs acquisition of Flyjac

Thu, 06 May 2010 13:43:33 IST

The Mumbai offices of J. Sagar Associates (JSA) have adviced Hitachi Transport System (HTS), a subsidiary Hitachi Japan in its acquisition of logistics and warehousing provider, Flyjac Logistics for approximately Rs. 250 crore ($55.11 million).

Flyjac Logistics, which is focused on ocean and air freight forwarding facilities, is present in nearly 60 countries. The JSA team was led by Partner Akshay Chudasama, and assisted by Senior Associate Jamshed Bhumgara and Associates Farah Petiwalla and Roopal Kulsrestha. Flyjac was represented by Wadia Ghandy’s Mumbai offices.

Kishanganga project: Pakistan to approach ICA against India; Hires legal expert

Thu, 06 May 2010 13:40:44 IST

Pakistan has been reported to be contemplating approaching the International Court of Arbitration (ICA) regarding the Kishanganga hydro-power project being constructed by India in Jammu and Kashmir. Pakistan believes that the construction is a violation of the 1960 Indus Water Treaty.

TPG buys 11% of Lilliput; Desai Diwanji, AZB advice

Thu, 06 May 2010 11:54:33 IST

The PE arm of Texas-Pacific Group (TPG), Star Asia Markets Limited purchased about 11 percent of Lilliput Kidswear from Everstone Capital for Rs. 120 crore ($26.68 million). Bain Capital had purchased stake in Lilliput worth Rs. 270 crore ($60 million) from Evestone. If the valuations of the Star Asia transactions are applied here, Bain would have purchased 24.75 percent of Lilliput. Everstone earlier held a 35 percent stake in Lilliput.

Desai & Diwanji's Mumbai office advised Bain Capital, while Partner Vishnu Jerome led the AZB team in advising TPG. Earlier, Bain was adviced by AZB's Mumbai Partner, Vinati Kastia on their maiden venture in Himadri Chemicals.

Ciena acquires Nortel's Ethernet Technology: Luthra advice on India leg

Thu, 06 May 2010 11:38:19 IST

Ciena Corporation, a US based provider of communication network infrastructure, associated software and professional services has acquired the optical networking and carrier Ethernet assets of Canada-based Nortel Networks Corporation's Metro Ethernet Networks business.

Nortel Networks had, in early 2009, filed for bankruptcy in Canada. Nortel, one of North America’s biggest telecommunication equipment manufacturers had been struggling for some time and have been selling their assets for a while now.

The purchase price is reported to be around $774 million (Rs.3,500 crores) of which about $530 million (Rs. 2,394 crore) is in cash with the rest in senior convertible notes. The Indian leg of the acquisition was advised by the Delhi office of Luthra and Luthra law offices which advised Ciena. The Luthra team was led by Tax Partner Vikas Srivastava, Corporate Partner Samir Dudhoria, Indirect Tax Partner Sanjeev Sachdeva and Partner S.R. Patnaik.

Nortel was represented by Baker, Donelson, Bearman, Caldwell & Berkowitz, and Cleary Gottlieb Steen & Hamilton in the US, and Ogilvy Renault in Canada.

Ciena’s legal team was led by US firm Latham & Watkins, along with Stikeman Elliott in Canada and Baker & McKenzie LLP from its offices across Latin America. Hogan & Hartson also provided antitrust and securities advice. Ciena’s in house team led by General Counsel David Rothenstein assisted by Erik Lichter, Kevin Mercer and Tyler Brown were also involved with the transaction.

Globally, the transaction had multiple law firms with over 200 counsels advising the transaction. Latin Lawyer has complied a brief of the transaction along with a detailed list of counsel, which is available here.

Roche loses yet another Cipla battle

Wed, 05 May 2010 19:35:40 IST

Swiss pharma firm, Hoffman-La Roche have been dealt a major blow, with the Chennai Patent Office deciding against its patent relating to anti-viral drug Valcyte. In the post-grant opposition filed by various Indian pharma companies, the patent office ruled against Roche stating that Valcyte lacked inventive step.

Narco Analysis and Brain mapping unconstitutional - SC

Wed, 05 May 2010 18:52:57 IST

The Supreme Court today declared that forced narco-analysis, brain-mapping tests and polygraph tests are violative of Article 20(3) of the Constitution of India. The apex court had reserved its order on a bunch of petitions challenging the investigative procedure more than two years ago on January 25, 2008.

AZB, Univesal Legal on Matrix-Bhariti Samruddhi PE deal

Wed, 05 May 2010 17:53:13 IST

AZB’s Mumbai based Telecom partner, Abhijit Joshi advised Matrix Partners India Investments in acquiring a 15 percent stake in Bhartiya Samruddhi Finance Limited (BSFL) worth Rs. 100 crore ($ 22 million). Netherlands-based Hivos Triodos Fonds and Lok Capital have invested Rs. 12.7 crore ($2.78 million) and Rs. 5.5 crore ($1.22 million) respectively.

Sources inform us that Universal Legal advised BSFL on the transaction. Microfinance is turning out to be a promising practice area. Reports indicate that BSFL is intending to issue Non Convertible debentures worth Rs. 75 crore ($16.68 million) in the next month or so, and has tentatively planned an IPO in the next two years.

Shamnad Basheer, Professor, National University of Juridical Sciences

Wed, 05 May 2010 15:38:21 IST

Shamnad Basheer, Professor at NUJS has launched an access and diversity movement called IDIA to reach out to the disadvantaged sections in rural and small town India and help interested students secure admissions to the premier national law schools. Bar & Bench, in conversation with Shamnad Basheer.

AZB wins Chambers Asia; Poovayya is 'Rising Star' in Legal Alliance Summit

Wed, 05 May 2010 08:33:00 IST

AZB has won the award for the Best National Law Firm in the India category at the Chambers Asia Law Awards, held on May 1. Bangalore based Poovayya & Co., has won the ‘Rising Star’ award in the International Legal Awards to be presented at the Legal Alliance Summit.

MP gets 4 more judges; Kerala adds 2 to permanent list

Tue, 04 May 2010 19:47:31 IST

The President of India on Monday confirmed the appointment of two Additional Judges, Justices Mavulli Cholakkode Hari Rani and Thomas Puthenpura Joseph as the Permanent Judges of the Kerala High Court. The Kerala High Court has a sanctioned strength of 32 Judges and 6 more judges posts have been vacant that need to be filled up.

Brij Kishore Dube, Gulab Singh Solanki, Naresh Kumar Gupta, and Anil Kumar Sharma were also appointed as Additional Judges of the Madhya Pradesh High Court. Madhya Pradesh which has a sanctioned strength of 34 Judges had a vacancy of 7 Judges before the appointment of the additional judges.

The announcements came as a move to fill the 273 vacancies existing in 895 judgeships all over India. Minister for Law & Justice, Veerappa Moily had informed parliament earlier that, “The delay in filling up vacancies of judges is one of the main reasons for the accumulation of pending cases.”

Economic Law Practice promotes six; creates new designations

Tue, 04 May 2010 19:15:23 IST

Mumbai-based Economic Law Practice has promoted Nishanth Shah to an equity partner, and Senior Associates Madhur Baya, Yashojit Mishra, Ramya Mohan and Naresh Thacker to associate partners; and Gaurav Bhandary to Senior Associate. ELP is now 70 fee-earner, 4 Equity Partner, 14 Associate Partner and 4 Senior Associate strong.

Clifford Chance adds Indian strength to partnership

Tue, 04 May 2010 18:51:12 IST

Magic Circle firm Clifford Chance, has decided to increase the Indian representation in its firm by electing English and Indian qualified lawyer Sumesh Sawhney to partnership at its London office.

Death for Kasab?

Tue, 04 May 2010 18:33:28 IST

What could be the beginning of the end of the 26/11 terror attacks trial, a special court on Monday found the lone terrorist captured in connection with the Mumbai terror attacks, Kasab, guilty of murdering 7 people, abetting the murder of 159, criminal conspiracy and waging war against the nation.

Supreme Court Bar Association elections on May 7

Tue, 04 May 2010 16:05:51 IST

The Supreme Court Bar Association is going in for elections on May 7. The elections that are held annually on the first Friday of May, will elect 21 representatives for the SCBA. There will be 6 office bearers, 6 Senior Advocates and 9 members from the junior bar who will be appointed.

Four critical Law Firm decisions

Tue, 04 May 2010 11:06:54 IST

Lexpert examines four critical, common, complex questions that Law Firms grapple with at various stages of its existence. Relying upon examples, mostly from the U.S., Lexpert provides a refreshing perspective on why Law Firms make the decisions they make.

Prime Minister and Law Minister on Second Generation Reforms in Legal Education

Mon, 03 May 2010 16:37:19 IST

“We do have a small number of dynamic and outstanding law schools, but I am afraid they remain islands of excellence amidst a sea of institutionalized mediocrity,” said Prime Minister Manmohan Singh on the quality of legal education at the two-day conference on second generation reforms in legal education.

Copyright violation puts Guruji CEO in jail

Mon, 03 May 2010 15:41:31 IST

Anurag Dod, the CEO of the Bangalore-based, Sequoia Capital-funded search engine, Guruji.com, was arrested in Bangalore along with other top executives of the company on April 30, based on a copyright infringement complaint filed by T-Series.

Law Ministry listening? Time for Legal Reforms

Sat, 01 May 2010 16:20:22 IST

The Ministry of Law & Justice, in collaboration with the Bar Council of India and National Law University, Delhi, is organizing a National Consultation for Second Generation Reforms in Legal Education, today and tomorrow at Vigyan Bhavan, New Delhi.

Law firm Consulting sector: Growing in India?

Fri, 30 Apr 2010 17:12:28 IST

Ajay Kumar tracks the growing trend of firms recruiting consulting consulting companies to provide them with advice relating to firm management, brand management, processes and systems, human resource and the like.

Conflict of interest - Ram Jethmalani and Kamini Jaiswal spat

Fri, 30 Apr 2010 16:38:31 IST

"If two senior advocates fight like this in the Supreme Court, I wonder what would be the plight in the lower courts," remarked a three-judge bench headed by Justice D.K. Jain, commenting on the spat between Senior Advocates Kamini Jaiswal and Ram Jethmalani.

Winners on and off court: OCI sportspersons v. Government

Fri, 30 Apr 2010 11:54:46 IST

The cases of Karm Kumar and Sorab Singh Gill have caused a frenzy of activity in the hallowed halls of sporting glory. The issue of whether or not Overseas Citizens of India are entitled to represent India in international sports tournaments, continues to cause considerable confusion.

SEBI vs. IRDA; SEBI moves Supreme Court

Thu, 29 Apr 2010 19:52:53 IST

IRDA and SEBI are at loggerheads on the issue of regulation and administration of the Unit Linked Life Insurance Policies (ULIPs). News channel CNBC reports that SEBI moved the Supreme Court yesterday to settle the dispute.

Khaitan, Foley & Lardner, ILG Corporate Services on Invensys-Skelta deal

Thu, 29 Apr 2010 18:00:00 IST

Invensys Process System, a Singapore based subsidiary of the London based Invensys Plc, a global IT group, acquired a 100 percent stake in Bangalore-based Skelta Software. The Singapore subsidiary is a supplier of systems, software, services and instruments for industrial process automation and asset performance management.

Skelta Software and their shareholders were represented by Khaitan & Co.’s team from the Bangalore office led by Rajiv Khaitan. Foley & Lardner’s San Diego office led by Associate Ryan M. Simkim and New Delhi-based ILG Corporate Services led by Managing Partner Pankaj Prakash advised Invensys on international and domestic law respectively.

Market sources place the size of the transaction which closed last week, close to GBP 2 million (Rs. 13.57 crore).

Home Minister-Law Minister lock horns; Solicitor General chases US authorities for Headley

Wed, 28 Apr 2010 16:16:19 IST

Gopal Subramanian’s trip to the United States to meet U.S. authorities on the Headley issue may have stirred a hornet’s nest. A debate is raging on whether or not the Home Minister was right in not consulting the Law Ministry before sending the Solicitor General on a goose chase.

In Joco Veritas - The Bombay Bar Association likes a good laugh

Wed, 28 Apr 2010 03:07:01 IST

Now let it never be said that the funny side of lawyers is limited to lawyer jokes and Boston Legal. The Bombay Bar Association for the Original Side (Bombay Bar), established in 1862, have a great sense of humour as is evidenced by their website .

Indiaâs Watergate: The Legal Issues

Tue, 27 Apr 2010 13:19:44 IST

As allegations of illegal phone tapping by the government reaches a crescendo, it is clear that there is an urgent need for the Telegraph Act be amended to incorporate the guidelines laid down by the Supreme Court.

Satyam vs Venture Global back in the Supreme Court: Salve and KKV in this key arbitration dispute

Tue, 27 Apr 2010 12:42:42 IST

The Andhra Pradesh High Court has allowed Satyam’s plea that the subsequent developments relating to the confession of its former chairman Ramalinga Raju and the investigation by various agencies are not relevant and cannot be introduced to challenge a foreign arbitral award in favour of Satyam.

Madras High Court lawyers clash again in front of CJI and Law Minister

Mon, 26 Apr 2010 15:02:55 IST

A year after the large scale lawyers protest at the Madras High Court, history has repeated itself. The Madras High Court today witnessed a fresh round of violence and attacks by its lawyers.

PILs and litigations begin: Tweeting Tharoor, the taxman, CCI: Could the real owners step forward please?

Mon, 26 Apr 2010 12:10:13 IST

These days every controversy calls for a PIL, especially when there are prominent personalities involved. Over the last week, litigations concerning cricket have been filed in various courts across the country against the Board of Control for Cricket in India (BCCI) with respect to the Indian Premier League (IPL) controversy.

To think the rest would follow

Fri, 23 Apr 2010 19:00:45 IST

When the Supreme Court of India took the moral high road and published the assets of their judges in November last year, one expected all the high courts to follow suit.

Transfers, appointments; Justice Dinakaran still in limbo

Fri, 23 Apr 2010 18:50:35 IST

The Guwahati High Court has Justice Ramesh Surajmal Garg as their new Chief Justice. An integral part of the Madhya Pradesh Bench since 1995, he was the Acting Chief Justice of the High Court of Chattisgarh for nearly a year between 2000-01.

IFLR Awards: The Winners and those who almost made it

Fri, 23 Apr 2010 11:32:13 IST

The International Financial Law Review’s (IFLR) Asia Awards-India was held at the Taj Mansingh in New Delhi last night. Previously held in Hong Kong and Singapore, this is the first edition of the India awards. Amarchand Mangaldas, S&R and AZB among other firms walked away with the top honours.

Khaitan, Lawrence Graham on KSK's London listing

Thu, 22 Apr 2010 20:19:36 IST

Khaitan & Co’s Mumbai-based Partner, Nikhilesh Panchal along with Corporate Partner Tom Nicholls and Solicitor Jenna Beever of Graham Lawrence advised KSK Ventur Plc on its listing on the London Stock Exchange.

The same combination had previously advised KSK in 2006, on its listing on the Alternative Investment Markets exchange. However, Cains Advocates Limited, advising KSK on the Isle of Man law and London-based Olswang, advising Arden Partners Plc., the nominated Adviser and Broker also formed part of the counsel on the $260 million (Rs. 1,157.6 crore) transaction.

With London marketing itself aggressively as a centre for emerging economies, India Inc. is looking their way to raise capital.

Chaos at Supreme Court Bar Association: AoRs and Non AoRs clash

Thu, 22 Apr 2010 16:40:16 IST

Senior Counsel Ram Jethmalani was declared as the President of SCBA amidst chaos and had to later step back after he realized that the Association that appointed him as the President, was not the ‘real’ SCBA at all!

NALSAR to implement 20% AP Quota from this year

Thu, 22 Apr 2010 16:27:49 IST

Nalsar will have to provide 20 percent quota for Andhra Pradesh students as per the Government ordinance 3 of 2010.As per the revised seat distribution, 14 seats out of the 70 seats shall be reserved for students from Andhra Pradesh for the prestigious B.A.LL.B (Hons.) program.

Trend Change: Outsourcing Library Management â The Next Big Thing for LPOs?

Wed, 21 Apr 2010 20:36:02 IST

With 40 partners and a staff of approximately 350, Foot Anstey, a major regional law firm had many of the sophisticated library services needs of larger firms, but lacked the scale to justify the size of an in-house library. They turned to Integreon for its Library and Information Services offering.

IFLR Asia Awards in Delhi tomorrow

Wed, 21 Apr 2010 16:54:53 IST

The International Financial Law Review’s (IFLR) Asia Awards India will be held at Taj Mansingh in New Delhi tomorrow. This is the first time the awards are coming to India with the awards having been held earlier inHong Kong and Singapore. The awards coming to India reinforce India’s emergence as a global giant and serve as a recognition of the Indian legal sector.

There are seven categories for the 'Deal of the Year' that include debt-linked equity, equity, mergers & acquisitions, private equity, restructuring, infrastructure and real estate and project finance transactions. Besides the 'Deal of the Year', there is the 'Team of the Year' award for capital market teams and in-house counsel.

Some of the prominent deals include, the Sterlite Convertible deal, the ONGC M&A transaction, the Batelco–S Tel acquisition and the NDTV- Time Warner Deal.

Last month Luthra & Luthra was chosen as the National Winner for the Indian jurisdiction in International Financial Law Review’s Asia Awards 2010 for the Sterlite Convertible deal.

All prominent national law firms have been short listed for the awards under various categories. Irrespective of varied views on the liberalisation of the Indian legal market, this culmination of domestic and international legal firms under one roof is proof of the fact that corporate India is the ultimate winner.

Essar goes to London: Freshfields, Linklaters, Amarchand & Talwar Thakore advice

Wed, 21 Apr 2010 16:16:44 IST

The Ruia family owned Essar Energy, the petroleum and oil arm of the Essar Group is planning to raise approximately $2.5 billion (Rs. 11,000 crore) through the listing of its shares on the London Stock Exchange (LSE).

Competition Commission's first appeal in the Supreme Court in the SAIL vs. Jindal case â ELP represents the Commission

Wed, 21 Apr 2010 14:45:25 IST

The Competition Commission of India has filed an appeal in the Supreme Court against the order of the Competition Appellate Tribunal in the SAIL vs. Jindal case. This is the first time the Supreme Court will be looking into certain provisions of the Competition Act.

Pangea 3 looks at Australia with Advent Lawyers

Tue, 20 Apr 2010 17:01:50 IST

Pangea 3 has bagged Australian law firm Advent Lawyers, as a client to set up its base in Australia. Pangea 3 will provide corporate legal services, litigation support, intellectual property practice support and risk management support to Advent’s clients such as Telestra, Merrill Lynch and Mcquarie Group.

Foreign firms â India calling?

Tue, 20 Apr 2010 16:10:43 IST

A large section of the Indian legal community might be aggressively protesting the entry of foreign law firms in India, but nobody can deny that these firms will make their mark in India one way or another.

Goldman Sacked? The SECâs New Crusade

Tue, 20 Apr 2010 14:16:32 IST

Just when you thought that the financial markets in the US were settling down, in comes the Goldman Sachs controversy. Lexpert examines the possible outcome of the fiasco for investors large and small.

Amarchand Delhi mega expansion plans: Aggressive outlook for 2010-11

Tue, 20 Apr 2010 12:56:58 IST

Amarchand Delhi has expanded its office space in Amarchand Towers by 22,000 square feet thereby taking full occupancy of Amarchand Towers to 73,000 sq feet. Amarchand is expected to increase the head count by an additional 80-90 lawyers this year including 8-10 new Partners.

AZB & Partners in Relianceâs Deccan buy

Mon, 19 Apr 2010 19:56:16 IST

Reliance Industries (Reliance) had on April 16, 2010 announced that it would acquire a controlling stake in the Captain Gopinath founded Deccan 360, an air-cargo company.

Jessica Lall saga finally comes to a close: SC upholds Manu Sharma's life imprisonment

Mon, 19 Apr 2010 19:42:47 IST

After more than a decade, the Jessica Lall case has finally attained closure, with the Supreme Court upholding the life imprisonment of accused Manu Sharma.

Dhoni in Calcutta High Court to recover Rs. 8 Crore

Mon, 19 Apr 2010 15:55:15 IST

M.S. Dhoni has approached the Calcutta High Court to recover Rs. 8 Crore ($1.7 Million) from sports management firm, Gameplan Sports. Dhoni has engaged Calcutta based law firm Sharma Kajaria & Co. to represent him.

Paathshaala â Another Bollywood release for Naik Naik & Co

Sat, 17 Apr 2010 16:32:46 IST

Senior Counsels Virag Tulzapurkar and S.U. Kamdar along with Ameet Naik of Naik Naik & Co have secured the release of the Shahid Kapoor starred Paathshaala, a movie that reflects on India’s education system.

Supreme Court appoint two Registrars for urgent relief on Holidays

Fri, 16 Apr 2010 15:50:52 IST

The Supreme Court has appointed two Additional Registrars for advocates seeking relief in urgent matters either on court holidays or after court hours. Additional Registrar Jagdish Chander and Vinod Kumar have been appointed to screen through the papers and seek directions from either the Chief Justice of India or other Judges of the Supreme Court and thereafter inform the advocates about such directions.

From the circular, it is unclear whether the advocates will be allowed to present their case before the Judges. A copy of the circular is available here.

Foreign Law Firms case heats up: Women Lawyers Association and TN Advocates Association join; more foreign firms to be added to the list

Fri, 16 Apr 2010 13:31:02 IST

Bar & Bench had first reported on the writ petition filed by Association of Indian lawyers against foreign law firms. Now, the Women Lawyers Association (WLA), a registered body, has joined the writ petition against the entry of foreign law firms and their modus operandi.

Directorate of Legal education gears up for Bar Exams; New Chairman of BCI wants students to undergo compulsory apprenticeship and point based recognition for new Law Colleges

Thu, 15 Apr 2010 16:28:40 IST

The Solicitor General had given an undertaking that the first batch of bar exams would be conducted this year. The Directorate of Legal Education is grappling with all the arrangements that need to be made for the bar exams especially after the disastrous examples of CAT tests and other exams.

The Legal Counsel Congress India 2010â â In-house lawyers and their changing roles

Thu, 15 Apr 2010 12:39:15 IST

Many in-house lawyers and other members of the legal fraternity took time off their daily schedules last week to participate in “The Legal Counsel Congress India 2010”, a conference organized by The Ideas Exchange in partnership with the Society of Indian Law Firms (SILF) and the Singapore International Arbitration Centre.

After Maytas, Navayuga bags Machilipatnam port project: Khaitan advice

Wed, 14 Apr 2010 15:07:11 IST

The Machilipatnam port project which has been in the news for all the wrong reasons has finally been awarded to the Navayuga Engineering Company Limited (NECL) by the Andhra Pradesh government.

Ambedkar: Visionary, leader, jurist

Wed, 14 Apr 2010 14:55:11 IST

Today the nation celebrates the 119^th birthday of the architect of the Constitution of India, B.R. Ambedkar. Bar & Bench looks back on the life of one of India’s greatest visionary.

Columbia Law School gets B.R. Ambedkar Chair on Constitutional law

Tue, 13 Apr 2010 14:45:13 IST

The Indian government has gifted a chair professorship to Columbia University, where Dr. B.R. Ambedkar was conferred his doctorate. Dr. Ambedkar received an M.A. from Columbia University in 1915, and a Ph.D. in 1927

Proposed Amendments to the Arbitration Act â Consultation Paper released by the Law Ministry

Tue, 13 Apr 2010 12:08:15 IST

The Arbitration and Conciliation Act, enacted in 1996 with a view to provide an efficient forum to resolve disputes outside the formal judicial framework is set for a major overhaul. The Law Ministry, Government of India has released a consultation paper on the amendments to the Arbitration Act.

The need for improvement in Indian Corporate Governance Practices: Part I

Mon, 12 Apr 2010 19:39:41 IST

Shubi looks at the impact of the Satyam scandal and analyses the need for improved corporate governance practices in India.

Bar Council of India elections: SG Gopal Subramanium becomes the Chairman

Mon, 12 Apr 2010 18:50:35 IST

The Bar Council of India, in its elections held yesterday has appointed the Chairman and Vice Chairman. Bar Council of India, constituted under the Advocates Act is the apex body regulating the legal profession in India.

Dinakaran hospitalized: Musical chairs continue; Sikkim Bar protests

Mon, 12 Apr 2010 15:14:15 IST

Justice Dinakaran has been admitted to the Fortis hospital in Bangalore. Justice Dinakaran, was transferred on Friday to the Sikkim High Court. Bar & Bench had reported that the Acting Chief Justice of the Delhi High Court, Madan Lokur, would replace Justice Dinakaran.

Vinson & Elkins, Jones Day and Wachtell in Relianceâs $1.7 Billion JV

Mon, 12 Apr 2010 12:00:50 IST

Mukesh Ambani’s Reliance Industries (RIL) has signed up a five-year development plan with US based Atlas Energy to develop a better part of the Marcellus Shale held by Atlas Energy. Reliance Industries is supposed to be providing capital for Atlas Energy.

Dinakaran issue causes musical chairs among HC judges

Fri, 09 Apr 2010 14:55:41 IST

The latest in the ongoing saga is that the Chief Justice of Karnataka High Court has been transferred to the Sikkim High Court. The Supreme Court collegium had earlier asked the Chief Justice to go on leave while an impeachment motion is being considered against him.

US Court issues summons to Kamal Nath for his role in the 1984 Sikh genocide

Thu, 08 Apr 2010 16:00:18 IST

Sikhs for Justice (SFJ), a U.S. based non-profit national human rights advocacy group, has filed a civil lawsuit against India’s Union Minister for Road and Transport, Kamal Nath, for his participation in the 1984 genocide of the Sikhs in Delhi.

GST: The Revenue Department, Government of India wants law students for a paid internship

Thu, 08 Apr 2010 12:51:27 IST

The Revenue department is planning to induct students on an internship program to prepare the background work associated with the introduction of Goods and Services Tax (GST). The Revenue department is actively pursuing the work related to the introduction of GST in the country. The proposed GST regime is expected to subsume large number of Central taxes like Central Excise duty, Service tax, Counter Veiling duty and the State taxes and levies like VAT, Entry tax and Entertainment tax.

Speaking to Bar & Bench, Under Secretary, Arvind Kumar said, “This internship program would benefit the students to understand the biggest revolution in the post independent India’s tax regime after indirect tax reform. Some of the students have very high intellect and research capacities.These internships will also benefit the Department immensely”. The Department has allocated a stipend of Rs. 5,000 ($110) per month to encourage students to take up these internships.

Law students interested in practicing tax law may want to consider this seriously as it may boost their resume in quite a unique manner – the students can develop relationships within the Department, which will be very valuable and useful for their career.

Here is the link to the application and interested students may apply and read the guidelines.

RDA Legal, a 2 year old firm and French firm DS Avocats enter into a non-exclusive relationship

Thu, 08 Apr 2010 11:50:29 IST

RDA Legal, a 2-year-old law firm set up by National University of Juridical Sciences alumni has entered into a non-exclusive and non-financial relationship with French law firm DS Avocats.

Khaitan & Luthra script Blackstoneâs entry into Jagran Media

Wed, 07 Apr 2010 18:17:35 IST

Private equity giant Blackstone has decided to invest Rs. 225 crore ($50 million) in Jagran Media to acquire an undisclosed stake. Jagran Media, with its flagship brand, Dainik Jagran, is one of the most widely circulated newspaper with a total readership of 54.6 million.

Kochhar declares 2010 as âYear for litigation developmentâ; promotes Syed Naqvi

Tue, 06 Apr 2010 18:06:03 IST

Syed Naqvi, the litigation partner at Kochhar & Co., has been promoted as a Senior Partner in recognition of his contribution to the firm’s practice. Considered to be a specialist in electricity, mining and water laws apart from civil and commercial litigation, Naqvi is a graduate of the Delhi University.

Moves- Lateral and Vertical

Mon, 05 Apr 2010 19:15:02 IST

With the start of the financial year in April, excitable associates look forward to revised compensations, apart from the possibility of new bosses, promotions etc. The financial year 2010-11 kicked off with a generous number of promotions and lateral hires.

âState Judiciary in shamblesâ- CJI; Justice Dinakaran asked to go on leave; Justice Lokur takes over as acting CJ

Mon, 05 Apr 2010 14:26:06 IST

Chief Justice of the Karnataka High Court, P.D. Dinakaran has been advised by the Supreme Court collegium to go on leave. Although Chief Justice Dinakaran was performing administrative functions only, there was considerable opposition from the members of the bar and bench over his role.

C. Raj Kumar : Dean, Jindal Global Law School

Fri, 02 Apr 2010 10:13:11 IST

He wears three hats at the same time. He is a Professor, Vice Chancellor and Dean of a law school that many say will revolutionize legal education in India. He is a Rhodes Scholar, a Landon Gammon fellow and a James Souverine Gallo Memorial Scholar. C. Raj Kumar, the brains behind Jindal Global Law School, talks to Bar & Bench about his baby.

RIP Dr. Ghanshyam Singh

Fri, 02 Apr 2010 09:39:20 IST

Professor (Dr.) Ghanshyam Singh, Registrar of National Law University, Delhi and Registrar of Nalsar University of Law, Hyderabad is no more. Dr. Singh suffered from a fatal cardiac arrest yesterday morning at his residence in Delhi. Bar & Bench expresses its sincerest condolences and profound regret for the loss.

If you are a workaholic, please do not read furtherâ¦.

Wed, 31 Mar 2010 19:27:23 IST

Professional success for a severe personal blow? DeFacto asks some hard hitting questions on the work life balance. Are the long hours at the office really worth it in the end?

Indian Depository Receipt (IDR) on its way â Standard Chartered takes the first step

Wed, 31 Mar 2010 18:38:34 IST

Amarchand and Slaughter & May along with the best friend firm combination of Linklaters and Talwar Thakore advised Standard Chartered’s IDR offering, a first in India. Is this the beginning of the IDR spree, and what is this IDR?

Kochhar advise IOC â Ruchi Soya JV to build 50,000 Hectare oil extraction unit

Wed, 31 Mar 2010 14:31:26 IST

Kochhar’s Delhi office have advised the joint venture (JV) between Ruchi Soya and Indian Oil Corporation (IOC) to build an oil extraction unit to convert jatropha seeds into bio-diesel. IOC has been a long-standing client of Kochhar. Senior Partner Manishi Pathak, and Partner Vijay Ravi along with Senior Associate Gagan Verma led the Kochhar team.

Microfinance giant SKS becomes the first to tap capital market: Amarchand, S&R and Wilson Sonsini advice

Tue, 30 Mar 2010 16:53:39 IST

The biggest microfinance company in the country is poised to go public and has taken the first step towards that direction by filing for DRHP with SEBI. SKS Microfinance, founded by financial analyst Vikram Akula has filed for an IPO and seeks to raise around Rs.1,100 crores ($250 million).

Microfinance: Booming segment interests lawyers and law firms?

Tue, 30 Mar 2010 16:24:05 IST

Of late, microfinance has become the new hotspot, not only as a sector, but an interesting area for lawyers and law firms. With SKS becoming the first Indian microfinance company to tap the capital markets, law firms are bound to benefit from this sector.

Australian National University wins Jessup Moot Court Competition: NALSAR reaches semi-finals

Tue, 30 Mar 2010 15:05:48 IST

The Australian National University (ANU) has won the White & Case sponsored Jessup International Moot Court competition held at Washington. Widely considered to be the 'world cup' of mooting, it sees teams prepare for the competition for over a year and battle in fiercely contested national and regional rounds.

Congress to connect with lawyers

Tue, 30 Mar 2010 12:18:50 IST

Speaking at the National Convention on 'Law, Justice and the Common Man’ on Saturday, Sonia Gandhi, focused on justice for the common man and sought lawyers to front the nation building exercise. The convention also kicked off the Congress' outreach programme to connect with lawyers across country at the grassroots.

Luthra lifts SILF-Kushal T-20 trophy

Mon, 29 Mar 2010 13:02:56 IST

Luthra & Luthra beat Amarchand Mangaldas by 6 wickets to lift the trophy for SILF-Kushal Twenty20 Cricket tournament that concluded yesterday. The tournament which started towards the end of February has finally come to an end.

Poovayya advise Jupiter Group on newspaper acquisition

Mon, 29 Mar 2010 12:57:04 IST

Bangalore-based Poovayya & Co., have advised the Rajeev Chandersekhar-led Jupiter Media & Entertainment Ventures (Jupiter) on their takeover of a controlling stake in the Express Publications (Madurai) Limited’s (Indian Express) Bangalore-based vernacular, Kannada Prabha.

While the Poovayya team is led by Corporate Partner Anindita Phukan assisted by Principal Associates Siddhartha George and Vinay Aravind advised Jupiter, Indian Express has assembled an in-house team to complete the transaction documentation. Sources confirm that the transaction is expected to close in the next few weeks.

Sources close to the transaction indicate that the transaction values Kannada Prabha at about Rs. 250 crore ($55 million). Reports indicate that the Jupiter has purchased a 26 percent stake. This heralds the Jupiter’s entry of into the print media. Jupiter has diverse media interest with stakes in radio channels Radio Indigo and Best FM. After acquiring Asianet, Jupiter also has a significant presence in the regional news channels market with Suvarna News 24x7 and Asianet News.

Poovayya has had a long standing relationship with Jupiter and its founder, entrepreneur-politician Rajeev Chandrasekhar. Poovayya has been representing the Member of Parliament since his BPL days. They have also advised Jupiter on its acquisition of Asianet and sale of its stake to Star TV.

Growth and some more: Outsourcing on steroids

Sat, 27 Mar 2010 14:32:04 IST

The LPO industry has gone from strength to strength in the past few years. With increased media exposure and a renewed interest shown in it by law graduates, the industry is now branching out into new practice areas like the real estate sector.

Induslaw, Amarchand close PE investment in Azure Power

Thu, 25 Mar 2010 13:02:04 IST

Helion, Foundation Capital and IFC have reportedly invested $ 10 million (Rs. 45 crore) in Azure Power, a leading solar energy developer and operator in India.

Helion and Foundation Capital were represented by Indus Law, which was led by Partner Suneeth Katarki and Principal Associate Satyasree Akella and Associate Sarah Abraham.

James Bond squats on Panasonicâs domain; Kochhar fights for latter

Thu, 25 Mar 2010 11:32:43 IST

Panasonic was in for a rude shock when they discovered that the Indian domain name of ‘Panasonic’, www.panasonic.in, was already registered in the name of a certain ‘James Bond’, a resident of Taiwan.Kochhar & Co. defended Panasonic before the arbitral tribunal at the '.IN Registry'.

Pinky Anand secures Right to free speech for Khushboo

Wed, 24 Mar 2010 19:48:27 IST

South Indian film actress, Khushboo’s troubles over her infamous ‘pre-marital sex’ comment seems to have finally ended. Senior Counsel Pinky Anand appeared on behalf of the actress.

No Foreign Relations? AK Balaji v. Ashurst et al

Wed, 24 Mar 2010 13:33:35 IST

In Lawyer’s Collective v. Ashurst, the Bombay HC stated that the RBI lacks authority to grant licenses to firms for engaging in transactional practice in India, and that the Advocates Act governs both litigious and non-litigious practice. Fair enough, but just how much further does the prohibition extend?

Law Commission finally gets Chair

Wed, 24 Mar 2010 10:53:19 IST

The post of the Chairman of the Law Commission, vacant for over seven months after Justice A. R. Lakshmanan’s term ended on July 31, 2009, has finally been filled with the appointment of former Supreme Court Judge, P.V. Reddy.

Justice Reddy, previously the Chief Justice of the Karnataka High Court was recommended to the post by the Union Ministry of Law. While at the Supreme Court, he heard the Parliament attack case, where he upheld the death sentence of mastermind, Mohammed Afzal.

Media reports suggest that the Union Minister for Law, Veerappa Moily, was in favour of appointing former Supreme Court Judge, B.N. Srikrishna. However Justice Srikrishna is believed to have declined, as he also is also the Chair of a five-member committee on Telangana.

The Law Commission of India was set up to constantly assess the need for new legislations and also to monitor obsolete laws and a need for amendments to the existing laws. The New Indian Express, a national daily, has published an article on the race for Lutyens Bunglow in Delhi between Justices Reddy and Lakshmanan. The report reads , “Hoping that his [Justice Lakshmanan] efforts and jockeying for one more term as chairman would bear fruit, Lakshmanan was still holding on to the plush bungalow allotted to him in his capacity as Chairman of the Commission. So hopeful was he about getting one more term that he was even paying penal rent every month”.

AZB, Amarchand steer sale of Daimler's shares in Tata Motors

Tue, 23 Mar 2010 18:58:57 IST

German car maker Daimler has exited from Tata Motors selling around 25 million shares in Tata Motors to Tata Sons and Citigroup Global Markets, Mauritius. The 0.97 percent stake which was bought by Citigroup cost Rs. 350 crore. Citigroup were advised by Amarchand Mangaldas and by Cleary Gottlieb Steen & Hamilton LLP, domestically and internationally respectively.

Va Tech Wabag to dip into public market

Tue, 23 Mar 2010 18:55:28 IST

Va Tech Wabag, a leading water treatment company has filed a Draft Red Herring Prospectus with SEBI. Wabag is a multinational player in the water treatment industry with market presence in India, the Middle East, North Africa, Central and Eastern Europe, China and South East Asia.

Amarchand Mangaldas’ Mumbai office led by Yash Asher is advising Va Tech Wabag in relation to the proposed Issue.

Kanga codes Acropetalâs public offer

Tue, 23 Mar 2010 18:40:09 IST

Bangalore based Acropetal Technologies Limited, an IT services organization focusing on engineering design services has filed a Draft Red Herring Prospectus with SEBI last week.

Justice Gopal Gowda is new CJ of Orissa High Court

Tue, 23 Mar 2010 17:35:34 IST

Justice V. Gopala Gowda of the Karnataka High Court, is set to take over as the Chief Justice of the Orissa High Court from Acting Chief Justice I.M. Quddusi on Thursday. Initially, Justice Gowda was touted to be appointed as the Chief Justice of the Kerala High Court. However, Justice Chelameswar was appointed as the Chief Justice.

Justice Gowda along with two other judges were embroiled in a scandal in 2002 famously referred to as the ‘Roost sex scandal'. The scandal resulted in a slew of Writ Petitions seeking them to abstain from judicial work. In December 2002, the Karnataka High Court initiated suo motu contempt proceedings against 14 media publications for having ‘scandalized the image of the judiciary’.

Justice Gowda and the other two judges were cleared when a three Judge committee headed by Justice C.K. Thakker exonerated them.

Heads roll: 18 district judges in Rajasthan, 145 public prosecutors in UP

Tue, 23 Mar 2010 17:19:58 IST

The week that passed saw large scale disciplinary action against members of the judiciary in Rajasthan and Uttar Pradesh.

The Rajasthan High Court has recommended the removal of 18 district judges to maintain and uphold the highest ethical and moral levels of the judiciary. A five-member probe panel headed by Justice K.S. Rathore of the Rajasthan High Court had concluded that they were corrupt and incompetent. Sources inform us that the panel has recommended voluntary retirement for the erring Judges. The move to accord these judges benefit of the Voluntary Retirement Scheme is seen by many as being reflective of the lack of will to take concrete action against erring judges. All the named judges are expected to appeal the decision of the panel before the Rajasthan High Court.

In UP, the State Legal Department has passed an order sacking 145 public prosecutors out of the existing 639 public prosecutors. The official reason for their removal was that these sacked lawyers were found to be ‘incompetent’. It is interesting to note that most of the sacked public prosecutors belong to the Brahmin community. This move seems to be politically motivated as it was apparently being done to woo the Dalit voter base. The Bahujan Samaj Party’s (BSP) National Secretary S.C. Mishra, who is credited with uniting the Brahmin- Dalit gap in the last assembly elections, is supposed to be close to the Brahmin and upper caste public prosecutors.

There are 5.3 million cases pending before various District Courts in UP, with the State Government being one of the largest litigant. Pending case statistics are bound to increase with the reduced public prosecutor headcount.

AZB, Tatva Legal and Simpson, Thacher & Bartlett brew Coffee Day deal for KKR

Tue, 23 Mar 2010 16:48:44 IST

AZB’s Mumbai based partner, Darshika Kothari led the team in advising KKR as domestic counsel while Simpson, Thacher & Bartlett were the international counsel. The newly formed Dua Associates’ break away, Tatva Legal, led by Bangalore-based corporate Partner, N.K. Dilip advised Coffee Day.

Writ Petition filed against 31 foreign law firms and an LPO â Immigration law violations also alleged

Mon, 22 Mar 2010 18:07:32 IST

A writ petition has been filed before the Madras HC by the Association of Indian Lawyers which not only deals with the entry of foreign law firms, but also raises concern over the modus operandi currently adopted by these firms to provide legal services in India.

IPL - SN Gupta Rendezvous with Kochi team

Mon, 22 Mar 2010 00:39:42 IST

SN Gupta advised the Rendezvous Group that outbid heavy weights like the Adani Group and Videocon to bag the Kochi Team for 2011 IPL. The SN Gupta team was led by the Firm’s Capital Market and M&A Partner, Amit Aggarwal.

RSG launches India Centre; releases report, ranks law firms

Sat, 20 Mar 2010 13:41:36 IST

RSG counsulting, a London based research and consulting firm has published an India report intending a holistic view of the market and the players. It released a report to coincide with the launch of their India branch, RSG India Centre.

Law student takes political test; contests BBMP elections

Fri, 19 Mar 2010 09:36:50 IST

This IV year law student from University Law College, Bangalore is making an early jump into politics by standing for the BBMP elections from the Nagarbhavi ward as an independent candidate. Son of professor, poet and Sahitya Academy awardee, L.N. Mukundaraj, Surya Mukundaraj is keen to make a difference.

NYSBA conference on India-US business opportunities

Thu, 18 Mar 2010 18:00:23 IST

Encouraging Indo-US commerce is on top of the agenda for the New York State Bar Association (NYSBA). Come March 25, the International Section of the NYSBA will be kicking off the second edition of its conference in Mumbai.

NDR, ALMT advise on IDG Venturesâ funding of iCreate

Thu, 18 Mar 2010 17:50:49 IST

Bangalore-based Narasappa, Doraswamy & Raja, led by Partner Siddharth Raja and Associates Nivedita Nivargi and Yamuna Kumaraswamy advised IDG Ventures India in their Series A financing of Rs. 15 crore ($3.3 million) in iCreate. IDG Ventures India is an early-stage technology venture capital firm investing in start up companies. iCreate, founded in 2006, develops products and provides solutions for data utilization in core banking systems.

The Bangalore office of ALMT Legal advised iCreate and its founders Vivek Subramanyam and Anoop Pai. ALMT was led by Partner S.R. Arun, Senior Associate Mini Raman, and Associate Punitha Chinnappa.

AZB, Khaitan advice on Thermax-Babcock JV; to build supercritical boilers

Wed, 17 Mar 2010 15:25:06 IST

AZB & Partners and Khaitan & Co. have advised on the joint venture between Pune-based Thermax Limited and US-based Babcock & Wilcox Power Generation Group, to build supercritical boilers of over 350 MW for the Indian Power sector.

The joint venture will see Thermax hold 51 percent and Babcock hold 49 percent of the company. The deal is valued to be around Rs. 350 crore ($85 million). Mumbai-based Partner Alka Nalavadi led her team in advising Thermax, while Kalpana Unadkat from Khaitan advised Babcock.

Meanwhile, AZB's Managing Partner, Zia Mody helped the Aga-family controlled Thermax settle a corporate espionage suit in Philadelphia filed by Purolite. The water treatment company had in 2007 filed a suit against Thermax when senior team members had quit the company to join Thermax in 2005.

Foreign Universities Bill - BCI, Directorate of Legal Education oppose

Wed, 17 Mar 2010 15:22:08 IST

“A larger revolution than even in the telecom sector awaits us,” were the opening lines from Kapil Sibal, the Union Minister for Human Resource Development, when he was presenting the Foreign Universities Bill before the Cabinet.

Even Andhyarujina cannot bail out Ramalinga Raju

Wed, 17 Mar 2010 14:03:05 IST

The Supreme Court on Monday rejected the bail application of Ramalinga Raju in the infamous Satyam scam. Ever since the scandal broke out, Raju has been advised and represented by their counsel, Bharat Kumar. Senior Advocate T.R. Andhyarujina is the first high profile counsel appearing on behalf of Raju.

At the end, itâs all about where you stand!

Mon, 15 Mar 2010 18:33:08 IST

De Facto looks at why rankings matter so much to human beings in the wake of the Global Chambers 2010 law firm rankings. He tries to analyse what makes a law firm reach the top and what it takes to hold on to the coveted position.

Bajaj Corp IPO: Khaitan, JSA and Allen & Overy advice

Mon, 15 Mar 2010 12:01:28 IST

Shishir Bajaj owned Bajaj Corp, maker of personal care products including the Bajaj Almond Drop hair oil has filed its red herring prospectus to raise about Rs. 450 Crores ($ 94 Million) for promotion of its future products, acquisition and other strategic initiatives.

Women Power: Delhi High Courtâs landmark judgment

Sat, 13 Mar 2010 14:15:30 IST

With the Delhi High Court passing a landmark verdict on March 12, directing the Indian Air Force (IAF) to allow its lady officers to be eligible for the Permanent Commission (PC) status,it seems the time has finally come for women officers in the Indian armed forces.

Valerie Demont, Partner, Pepper Hamilton LLP

Fri, 12 Mar 2010 15:39:46 IST

A Harlan-Fiske Stone scholar, Valerie Demont holds LL.Ms from Columbia Law School and Université de Paris I – Panthéon Sorbonne. After a long stint as a partner with Baker & McKenzie, New York, she moved to Pepper Hamilton LLP about a year ago. Bar & Bench, in conversation with Valerie.

Justice Kumar lashes out at the SC collegium

Fri, 12 Mar 2010 12:55:45 IST

“You are all aware that there is a pal (sic) of gloom in the corridors of High Court of Karnataka,” says Justice D.V. Shylendra Kumar. At the receiving end this time, is the Supreme Court and its collegium.

Bombay HC rejects PIL for ban on pornographic websites

Thu, 11 Mar 2010 19:31:34 IST

The Bombay High Court, last week rejected a Public Interest Litigation filed by NGO, Janhit Manch and lawyer, Sandeep Jalan. The petition sought a blanket ban on pornographic websites. The NGO had argued that websites displaying sexually explicit content had an adverse influence, leading youth on a delinquent path.

Rejecting the petition, the Division Bench comprising Justices F.I. Rebello and J.H. Bhatia stated that there cannot be a blanket ban since there are divergent views on what constitutes morally degrading content. The Bench added that its higher obligation was to protect the freedom of free speech. The Bench in its judgement noted, “If such an exercise is done, then an aggrieved party, depending on the sensibilities of persons whose views may differ on what is morally degrading or prurient, will be sitting in judgment even before a competent court decides the issue”.

However, the Bench held that the Information Technology Act already covers punishment for obscene websites and any aggrieved party may file a complaint against it. Last year, amendments were made to the IT Act that stripped the Government of the power to ban pornographic websites on grounds of obscenity. Only the court has the authority to ban a website on grounds of obscenity.

Sandeep Jalan appeared in person and on behalf of Janhit Manch and A.M. Sethna appeared on behalf of the Government.

Reference: Janhit Manch and Others vs. Union of India; PIL No. 155/ 2009.

Godman tapes - Nityananda's videos to go off air

Thu, 11 Mar 2010 17:55:01 IST

Disgraced self styled godman, Swami Nityananda might be partially relieved with the Karnataka High Court staying the broadcast of the controversial videos. Erstwhile President of the Advocates Association, and former Member of Legislative Assembly, K.N. Subba Reddy has successfully sought a stay on the airing of the videos.

Justice Chelameswar is new CJ of Kerala HC

Thu, 11 Mar 2010 16:09:32 IST

Justice Jasti Chelameswar, the incumbent Chief Justice of the Gauhati High Court has been transferred to the Kerala High Court. Justice Chelameswar is expected to take over from the present acting Chief Justice, P.R. Raman on March 17.

Justice Chelameswar studied physics in the prestigious Loyala College, Chennai. He switched streams in 1973 when he enrolled to study law from Andhra University in Vishakapatnam. He was designated as a Senior Advocate in 1995 and was appointed as a judge of the Andhra Pradesh High Court in ‘97. He was appointed as the Chief Justice of the Gauhati High Court in 2007.

Prior to his stint as an Additional Advocate General for Andhra Pradesh between 1995 and 1997, he was the standing counsel for the Andhra Pradesh Lokayukta and also served as a Government pleader for the Department of Home Affairs.

Women's Reservation Bill clears Rajya Sabha hurdle - 186 to 1

Wed, 10 Mar 2010 16:04:01 IST

The Constitution (One Hundred and Eighth Amendment) Bill, 2008, popularly known as the Women’s Reservation Bill, was passed by the Rajya Sabha yesterday amidst high drama, with 186 votes in its favor. Some members tried to assault RS Chairman Hamid Ansari, resulting in the suspension of 7 MPs.

A view from the west: A Canadian adolescent in Guantanamo Bay - the Omar Khadr story

Wed, 10 Mar 2010 04:32:41 IST

Omar Khadr holds the distinction of being the youngest prisoner held at the Guantanamo Bay prison, Khadr also remains the only detainee from a Western country. Sociologist-lawyer Aurina Chatterji looks at Canada's reactions to the situation, and they are not very flattering.

R.K. Anand apologises to SC; may escape jail time

Wed, 10 Mar 2010 04:01:44 IST

Former Senior Advocate and noted criminal lawyer, R.K. Anand has tendered a “sincere and unqualified unconditional apology” to the Supreme Court in the 1999 BMW hit-and-run case. The Supreme Court is scheduled to consider the apology in four weeks after receiving objections from the other concerned parties.

India hosts first aviation law moot; NLU beat Nalsar in Amity Moot

Wed, 10 Mar 2010 03:43:35 IST

The weekend that passed saw two hotly contested moot court competitions, the Amity National Moot and the Sarin-Leiden International Moot. National Law University, Jodhpur emerged winners having beaten Nalsar, Hyderabad. Leiden University beat McGill to win the world's first international air moot court competition.

Mother-in-Law: Kosturi Ghosh makes partner in Trilegal

Tue, 09 Mar 2010 14:32:27 IST

Trilegal formally announced the promotion of Senior Associate, Kosturi Ghosh to the position of Partner at their Bangalore office. Kosturi is only the second woman partner in Trilegal, after Charandeep Kaur who made it to the partnership in June last year from their Delhi office.

Of punishment postings, transperancy

Tue, 09 Mar 2010 09:18:53 IST

Chief Justice Barin Ghosh will be taking oath today in the Sikkim High Court. The Jammu & Kashmir Bar Association have expressed their regret of having to let go of Justice Ghosh. Many believe that Justice Ghosh, like Justice A.P. Shah is a victim of politics within the judiciary.

Khaitan hires ex-bureaucrat to head Delhi real estate practice

Mon, 08 Mar 2010 19:56:23 IST

Khaitan has added former IAS officer from the land reforms sector, Dr. P.K. Agrawal to boost their real estate practice. Formerly, an Assistant District Magistrate and District Magistrate in West Bengal, he has held posts in the Departments of Environment & Forest, Law & Justice, amongst others, during his career.

Ladies-in-law

Mon, 08 Mar 2010 19:44:22 IST

Most woman lawyers do not face the difficulties that were faced by India’s first woman lawyer to practice in a court, Regina Guha or India’s first barrister, Cornelia Sorabji, when they tried to step into the testosterone driven legal practice. Obviously, the ‘times they are-a-changing’.

Kerala pitch matters: Bench beats Bar

Mon, 08 Mar 2010 11:55:25 IST

Judges of the Kerala High Court stamped their superiority over the lawyers in a cricket match between them and the High Court Bar Association.

The match held on March 5 in Cochin, inaugurated the XIV Easwara Iyer Trophy, a Kerala inter-Bar cricket tournament. The judges ran roughshod over the lawyers and went on to score 97 runs in the allotted 10 overs.

Justice R. Basant, who used to be a top cricket player during his college days, led the bowling attack. The Bar, who called themselves President’s XI, managed to score a paltry 41.

The Judges showed determination from the word go. Justice Thottatil B. Radhakrishnana sustained an injury in his bid to score an extra run. The other members of the Judge’s XI team consisted of Justices A. K. Basheer, K .M. Joseph, C. T. Ravikumar, V. K .Mohanan, M. Sasidharan Nambiar and K. Surendra Mohan. ‘Man of the Match’ Justice Ravindran scored 24 runs off 10 balls.

With the law firms and Bar Associations indulging in cricket, it may not be far to see some judges represent India in the next lawyers cricket world cup that is scheduled to be hosted in Sydney in January 2011.

SC to appeal to SC

Mon, 08 Mar 2010 09:19:49 IST

Sources have confirmed that the Registry of the SC is filing an appeal challenging the ruling of the Delhi High Court that the office of the CJI falls within the purview of the RTI Act.

Pranab's Googly - Service Tax on rental of immoveable property

Sat, 06 Mar 2010 00:20:12 IST

The Finance Minister’s 2010 Budget has caused heartburn amongst owners who are renting commercial immoveable property. The 2010 Finance Bill seeks to impose a service tax on renting immovable property, with a retrospective effect.

CCI-CAT spat; May reach SC

Sat, 06 Mar 2010 00:15:34 IST

The Competition Appellate Tribunal has stayed the investigation of the alleged cartel between SAIL and the Indian Railways by the Competition Commission of India. A Supreme Court appeal may be in the offing.

IFLR Asia Awards 2010 - Luthra is National Winner

Fri, 05 Mar 2010 01:18:20 IST

Luthra & Luthra has been chosen as the National Winner for the India jurisdiction in International Financial Law Review’s (IFLR’s) Asia Awards 2010, over Amarchand Mangaldas, J. Sagar Associates and S&R.

Washing dirty laundry: Rin & Tide

Thu, 04 Mar 2010 15:23:55 IST

The Rin ad-campaign that compares itself with Tide Naturals has attracted sufficient attention. The advertisement campaign has brought back the focus on comparative advertising which has been ammunition for many a corporate battle.

SILF-Kushal Cricket Tournament; Amarchand beats Desai Diwanji

Wed, 03 Mar 2010 18:14:42 IST

Amarchand Mangaldas beat Desai & Diwanji by a whopping 120 runs in the second SILF-Kushal Cricket Tournament, showing that its associates can put in 14 hour workdays and still succeed on the pitch.

The Amarchand lineup piled on a massive total of 201 runs in the 20 overs, thanks to Vaibhav Mishra, who scored an impressive 76 runs off 44 balls. Man of the Match Mishra, was ably supported by Viplav Sharma who stayed at the crease till the end scoring 64 runs off 34 balls.

Desai & Diwanji looked completely out of their league, not being able to recover from the loss of early wickets before succumbing to a total of 81 runs. Gaurav Dayal, Mazid Khan, Aashish Gupta, Varun Bajaj, and Ayush Agarwal. Vaibhav Mishra and Viplav Sharma dealt sufficient damage to the Diwanji lineup. The Amarchand team also saw adept wicket keeping skills by Kartik Nayar who kept wickets despite being injured.

Amarchand is scheduled to play AZB in their next match on March 7.

The learning curve; Education sector on upswing

Wed, 03 Mar 2010 17:49:18 IST

Luthra's Mumbai based partner, Manan Lahoty is advising the Maheshwari-family promoted Career Point Infosystems’ IPO. The education sector, considered to be an evergreen sector, is seeing an upswing. Bar & Bench takes a quick look.

IPO rain: Sel Textiles, SJVN, Gyscoal; Vaish, FoxMandal, AZB, K&L Gates advise

Wed, 03 Mar 2010 12:34:11 IST

Vaish Associates’ Gurgaon team led by Partner, Hitender Mehta has advised Sel Textiles' public issue. Promoted by holding company, Sel Manufacturing Company Limited, the company intends to utilize the money raised to set up a new facility to manufacture towels. The Ludhiana-based Sel Manufacturing Company Limited is promoted by the 41 year-old R.S. Saluja Group, which is managed by founder Ram Saran Saluja and his children Neeraj Saluja and Dheeraj Saluja. The issue comprises about 28 percent of the fully diluted post issue paid up capital.

SJVN limited, the Himachal Pradesh based power company, a joint venture of Government of India and Government of Himachal Pradesh is offering close to 10 percent of the equity capital to the public. Incorporated as Nathpa Jhakri Power Corporation, SJVN is executing a project in Rampur and has proposed 3 hydro-electric projects each in Himachal Pradesh, Uttarakhand, and one in Nepal. SJVN proposes to add a further 5,000 MW by 2014-15. Sources indicate that it would require an additional investment of about Rs. 29,000 crore ($6.5 billion). The Noida offices of Fox Mandal and AZB are advising the company and the underwriters respectively. K&L Gates LLP’s Singapore office are the international advisors for the underwriters. The AZB team was led by Capital Markets Partner, Meera Joyce Singh with Senior Associates, Himamshu Rai, Shaswat Kumar and Divyata Budhalakoti.

Gyscoal Alloys Limited, an Ahmedabad based stainless steel and mild steel manufacturer is going public. The company proposes to raise about Rs. 53 crore ($11.5 million) by diluting about 49 percent of the paid up capital. According to the DRHP filed before the SEBI, the Viral Shah, Manish Shah, Zankarsinh Solanki, Giraben Solanki and General Capital & Holding promoted company, does not have legal advisors on the issue. Neha Choksi, the Company Secretary and compliance officer for Gyscoal confirmed that an in-house team of Company Secretaries advised the issue.

Reliance Saga - 2 months and counting

Tue, 02 Mar 2010 15:55:10 IST

It has been over two months since the Reliance matter was finally heard, and a judgement is yet to be passed. The dispute between RIL and RNRL saw several high profile Senior Counsels arguing.

Google e Un Problema Italiano

Tue, 02 Mar 2010 13:19:45 IST

Lexpert looks at the trouble Google faced when three of their employees were convicted for violating the Italian privacy code. He takes a closer look at the problems being faced by internet based service providers. He believes that something good might come out of the Italian judgment atleast in the long term.

NLSIU beats Nalsar in NLU Antitrust Moot

Mon, 01 Mar 2010 18:19:09 IST

National Law School of India, Bangalore (NLSIU) beat Nalsar University of Law at the 1^st Antitrust Moot Court Competition conducted by the National Law University, Jodhpur (NLU). The moot was jointly organized by Delhi based tax firm, Lakshmi Kumaran & Sridharan, Competition Commission of India (CCI) and NLU.

The 13 colleges fighting for the honours included Army Institute of Law, Mohali, Gujarat National Law University, Gandhingar, Nalsar University of Law, Hyderabad and NLSIU qualified for the semi-finals. Shwetank Ginodia and Akshay Ramadurai comprised the winning team. The Bench deciding the final round comprised Justice Arijit Pasayat, Chairman, Competition Appellate Tribunal and Mr. Seetharaman S., Head, International Trade and WTO, Lakshmi Kumaran & Sridharan.

Nalsar’s Jaya Bhanu Rao was awarded the Best Student Advocate, while NLIU Bhopal won the best memorial.

More cricket: P&H HC beat Delhi HC

Mon, 01 Mar 2010 16:22:21 IST

Evidently, judicial officers can be enthusiastic sportsmen. At a Twenty-20 match at Mohali in Punjab on Saturday, the Punjab & Haryana High Court Chief Justice XI beat the Delhi High Court Chief Justice XI by 3 wickets.

AZB, Amarchand on Goldman Sachs - Max India deal

Mon, 01 Mar 2010 14:38:39 IST

AZB & Partners, Delhi advised Max India and its promoters in the $ 150 million (Rs. 690 crore) transaction. Delhi-based partner Anil Kasturi, led the AZB team comprising Senior Associate Thomas Phillipe and Associate Neha Sahai.

Amarchand Mangaldas represented Goldman Sachs in their investment of $ 115 million (Rs. 530 crore) into Max India through subscription to fully and compulsorily convertible debentures. When converted, Sacs will hold about 9.4 percent of Max India’s share capital.

The promoters, Analjit Singh and PE firm, Warburg Pincus are investing about $ 37 million (Rs. 173 crore) by subscribing to the warrants of the company. This ensures that the promoters continue to hold 34 percent in Max India.

ATC buys Essar Telecom Infrastructure; AZB advise buyer

Mon, 01 Mar 2010 14:19:47 IST

AZB’s Delhi Partner Pervical Billimoria and Mumbai based Partner, Essaji Vahanvati advised American Tower Corporation in its acquisition of Essar Telecom Infrastructure Private Limited.

The Rs. 2,000 crore ($ 450 Million) transaction is ATC’s third acquisition in the last one year. The Boston-based mobile phone tower operator had brought out Xcel Telecom and Transcend Infrastructure in ‘09.

The acquisition will add about 4,500 towers to ATC’s portfolio of 2,500 towers and it the second-largest independent tower company in India after GTL Infrastructure.

Goods and Service Tax - birth pangs

Sat, 27 Feb 2010 11:44:31 IST

JSA's Partner, Ashok Dhingra and Senior Consultant, Sonia Gupta write about GST and its journey till date. They believe that it is imperative that it is implemented at the earliest.

Som Mandal, Managing Partner, FoxMandal Little, New Delhi

Fri, 26 Feb 2010 13:46:06 IST

Football, cricket and long drives are some of his passions. A fourth generation lawyer and one of India's finest, Bar & Bench converses with the man who is the driving force behind FoxMandal, Som Mandal.

Fahim Ansari gets new lawyer

Fri, 26 Feb 2010 12:07:25 IST

Saba Qureshi, who was assisting late Shahid Azmi in Fahim Ansari’s trial, has been appointed as his new defence counsel. Earlier this week, the court had rejected his bail application. He had sought bail stating that he needed to look for a new lawyer after Shahid Azmi was assassinated on February 11.

Judge M.L. Tahaliyani, who presiding over the trial of the terror attacks accused, appointed Saba Qureshi earlier this week. The court has also arranged for ample security to Qureshi. Ansari is accused of providing logistics support to the terror group Lashkar-e-Taiba (LeT) in the attacks that left over 160 people dead in November last year.

Aniket Sengupta heads to Mumbai; Luthra restructuring?

Fri, 26 Feb 2010 10:30:26 IST

Aniket Sengupta, Luthra's aviation partner is heading to Mumbai to strengthen their practice. 'Dada’, as he is fondly known, is an alumnus of NLSIU, Bangalore who spent 3 years with IL & FS, Mumbai.

Paul Weiss bags Religare - closes Northgate buy along with Shearman

Thu, 25 Feb 2010 13:07:56 IST

Northgate Capital, a leading global private equity and venture capital firm managing $3 billion worth investments, was acquired by the Malvinder Singh family controlled Religare Enterprises.

Religare will now own a majority equity interest and will act as the management company to Northgate's investment funds. The Malvinder Singh family that owns Religare has been scouting for acquisitions ever since they sold Ranbaxy to Daiichi.

Paul, Weiss, Rifkind, Wharton & Garrison led by M&A partners Robert D. Goldbaum and Steven J. Williams advised Religare, which signed a definitive agreement to acquire a majority stake in Northgate for a reported $200 million (Rs. 930 crore). The deal is expected to close by June this year. Sources confirmed that this deal has been Paul Weiss’ first representation for Religare.

Shearman & Sterling advised Northgate and was led by New York based M&A Partner John Marzulli, Asset Management Partner Nathan Greene, Tax Partner Don J. Lonczak and counsel Jesse Kanach. Shearman had advised the Singh family controlled Ranbaxy in a variety of transactions including raising $400 million (Rs. 1,860 crore) zero coupon convertible bonds. When Religare went public in 2007, Shearman advised Merrill Lynch on its pre-IPO investments.

Mahindra Satyam continues with the Quinn Emanuel team for its Upaid tax dispute

Thu, 25 Feb 2010 09:35:17 IST

Sources close to the Mahindra Satyam - Upaid dispute have informed Bar & Bench that Quinn Emanuel’s Litigation Partner Andrew Roseman has been retained in the ensuing tax litigation dispute.

Technology Quotient - The new parameter

Thu, 25 Feb 2010 05:27:54 IST

New technologies are out and maybe lawyers are way behind on the technology brigade. Or maybe not. Bar & Bench takes a quick look at the journey from typewriters to sophisticated gadgetry.

Lawyers add spice; Telangana simmers

Wed, 24 Feb 2010 12:39:36 IST

Over 2,000 lawyers from the Telangana Joint Action Committee have taken the fight for a separate state all the way to New Delhi. The convener of Telangana Advocates, Rajendra Reddy told Bar & Bench, "The setting up of the Srikrishna Committee by the Union government is an 'eye wash' and the Union Government has to take Constitutional steps immediately.”

The lawyers on Monday protested in front of the Jantar Mantar in New Delhi, shouting slogans and holding placards, demanding that a bill for the separate formation of the state of Telangana be tabled in the current Parliamentary budget session at the earliest. The Union Government had, earlier this month, constituted a five-member expert committee headed by former Supreme Court Judge B.N. Srikrishna. Former Nalsar University of Law Director and incumbent Vice Chancellor of National Law University, Delhi, Dr. Ranbir Singh was part of the committee.

So far, the Telangana issue has been restricted to Hyderabad and parts of Andhra Pradesh. However, the agitations held on Monday were heard as far as Delhi. The attempt by lawyers to march up to the Parliament was stopped by the police by using water cannons. Despite police efforts, around 200 lawyers managed to reach the Parliament annexe before being stopped by the police, where they were arrested. The lawyers were later released on bail.

The Telangana agitation shows no sign of dying down. The recent suicide of three students has only intensified the agitation.

Kerala HC stays sale of Mont Blancâs Mahatma Gandhi pens

Wed, 24 Feb 2010 12:22:03 IST

Mont Blanc has agreed to stop selling the Mahatma Gandhi pens until further orders of the Kerala HC. Santosh Mathew is appearing for the petitioner, while Pravin Anand is appearing for Mont Blanc and Entrac.

Himachal HC to constitute Green Bench

Wed, 24 Feb 2010 11:50:24 IST

Barely two weeks after taking charge of the Himachal Pradesh High Court, Chief Justice Kurien is on a mission to deal with the massive number of environmental cases pending in the High Court. The Chief Justice has announced that the High Court of Himachal Pradesh would constitute a special “Green Bench” to hear environment, mining and forest matters.

The Green Bench will start functioning from February 26and will meet every Friday, and if the need arises, on Saturdays as well. The Judges will be from Himachal Pradesh as the CJ feels that they would be better equipped to understand the environmental repercussions of their home state. All environment related matters will be transferred to the Green Bench.

SILF - Kushal cricket tournament; Luthra beats Trilegal in inaugural match

Wed, 24 Feb 2010 08:36:51 IST

The inaugural match of the 2^nd SILF – Khushal Inter-Law Firms Cricket Cup held on Sunday, saw impressive gameplay by Luthra’s Tarun Mehrishi. Chasing total of 145, Tarun scored an impressive 102.

Abbott buys Solvay; Luthra advises India deal

Wed, 24 Feb 2010 07:13:46 IST

Abbot Laboratories’ Indian subsidiary, Abbott Capital, has offered to the shareholders of Solvay Pharma India Limited to acquire 20 percent of the voting capital, equal to about 10.1 lakh shares at Rs. 3,054.73 ($66.22) for each share.

This offer is in line with Abbott’s global acquisition of Belgium-based Solvay Pharmaceuticals, a research driven pharmaceutical company for Euro 5.3 billion (Rs.32,383 crore). Abbott Laboratories is a US-based health care company with a significant presence in the pharmaceutical field, especially, discovery, development, manufacture and marketing of pharmaceuticals and medical products. Solvay India deals in products related to psychiatry, gastroenterology, hormone therapies and influenza vaccines, amongst others.

Luthra & Luthra Law Offices’ Mumbai and Delhi offices advised Abbott Capital India. Led by Senior Partner Mohit Saraf, the team comprised of Partners Sundeep Dudeja, Aniket Sengupta and Senior Associate Shishir Vayttaden with associates Jitender Tanikella and Siddharth Shukla. As for tax advisory relating to the transaction, Partners, Vikas Srivastava and S.R. Patnaik advised.

Supreme Court Judges to retire at 68?

Wed, 24 Feb 2010 01:43:12 IST

It appears that a politically motivated group is lobbying to increase the retirement age for Supreme Court and High Court Judges by 3 years. If they succeed, SC and HC judges would retire at 68 and 65 respectively.

Supreme Court Judges to retire at 68?

Tue, 23 Feb 2010 23:12:43 IST

Crawford Bayley on a roll - Asian Business, Inventure Growth, Shree Renuka Sugars

Tue, 23 Feb 2010 12:08:49 IST

Crawford Bayley’s Mumbai office is currently on a roll. After having advised on two IPOs, they have advised on Shree Renuka Sugar’s in the Brazilian sugar and ethanol company, Equipav SA.

The Belgaum-based Renuka Sugar is India’s largest sugar refiner, has purchased a controlling stake equal to 51 percent in Equipav SA, a group company of Groupo Equipav for $329 million (Rs. 1,517 crore). Renuka Sugars outbid Hong Kong’s Noble Group.

Veirano e Advogados Associados, a Brazilian firm, advised Equipav SA while Crawford Bayley advised Renuka Sugar. Crawford Bayley had also advised Renuka Sugar on their purchase of Vale Do Ivai SA in November last year for $82 million (Rs. 378 crore) in addition debt.

Sanjay Asher, the Mumbai based partner at Crawford Bayley, has advised the issue on Inventure Growth and Securities Limited and Asian Business Exhibition & Conferences Limited. Pankaj Bathiya, an independent counsel, advised Inventure on their offer.

From the Horseâs mouth - The foreign LLM story

Tue, 23 Feb 2010 08:56:55 IST

The LLM from a foreign university is back in focus again. This time, Anjum Rosha, an LLM graduate from University of Pennsylvania, weighs the pros and cons of an LLM from a foreign university.

Venture Intelligence Report 2009

Tue, 23 Feb 2010 07:29:19 IST

Bar & Bench had in January, reported Venture Intelligence’s law firm rankings of most active Legal Advisors for 2009 for Private Equity and M&A transactions. ALMT Legal had bagged the top spot for private equity for completing 21 transaction in 2009 while Desai & Diwanji landed up with 17 M&A transactions to lead the M&A tables.

ALMT bagged the top spot for PE player advising variety of transactions including the Siddhartha Resorts – HDFC deal, followed by AZB & Partners for 12 transactions including Delhi International Aiport – IDFC deal followed by Khaitan & Co with 10 transactions with notable one being Blackstone –Gateway Rail deal. The top three were followed by ARA Law, Desai Diwanji with 8 deals and Trilegal with 6 deals.

In the M&A space, the top spot was awarded to Desai & Diwanji for 17 transactions followed by AZB and Khaitan, who were jointly awarded the second spot with 15 transactions, followed by Amarchand with 11 transactions. Luthra with 8 transactions, Rajani & Associates and Trilegal with 7 transactions, followed the top three transaction makers.

Amarchand, Luthra and Trilegal, the biggest firms in India, are not leading these rankings which were decided on the basis of volumes of deals and transactions. “Given the extraordinarily tough environment for deal making in 2009, advisory firms that made it to the League Tables for the year can be credited for their deep client relationships and market awareness,” says Arun Natarajan, CEO of Venture Intelligence in their press statement. Going forward, Venture Intelligence plans to update its League Tables each quarter, he added.

A complete list of rankings is available here.

Nalsar retains Herbert Smith National Corporate Law Moot

Tue, 23 Feb 2010 07:19:08 IST

Jagdish Menezes, Tarun Gopalakrishnan and Nehaa Chaudhari helped Nalsar retain the Herbert Smith National Corporate Law Moot Court. Nalsar beat GNLU, Gandhinagar before beating NLU, Jodhpur to win the moot.

German bakery blast toll up to 13; Symbiosis' law student no more

Mon, 22 Feb 2010 15:42:03 IST

Symbiosis Law School's Rajeev Agarwal, a final year student succumbed to his injuries, a week after the blast at Pune's German bakery. The blast's death toll has increased to 13.

A month of conferences

Mon, 22 Feb 2010 14:17:35 IST

This weekend was packed with two conferences, one organized by JGLS, and another by CII and SIAC. Today and tomorrow is the IBA's conference on ‘Globalisation of Mergers & Acquisitions- an Indian Perspective’.

Aamir Khan vs CCI: DSK Legal represents; Copyright Panel controversy

Sat, 20 Feb 2010 02:25:27 IST

Aamir Khan filed a petition in the Bombay HC against the CCI after they issued a 'show-cause' notice accusing him of forming a cartel to 'corner' multiplex owners. DSK Legal is representing Aamir Khan.

GWU Law, AMU sign MoU

Fri, 19 Feb 2010 13:25:36 IST

The Aligarh Muslim University (AMU) has signed a Memorandum of Understanding with the George Washington University Law School for facilitating academic research and initiating a student exchange programme between the universities.

Dean of GWU, Frederick Lawrence and Professor Karamanain of GWU were present at the media conference. "The major areas of research between the two institutes would include intellectual property law, Islamic law, constitutional law, international and comparative law and environmental law," said an AMU spokesperson.

GWU’s law school has been active in India for last few years. In 2006, GWU and the Indian Institute of Technology, Kharagpur, signed a Technical Collaboration Agreement to mark the commencement of co-operation between India and the US in the IP space. GWU and IIT have jointly set up Rajiv Gandhi School of Intellectual Property Law which is offering a bachelors program in Law and Technology and Intellectual Property Law and a Post Graduate Diploma in Intellectual Property Law

Telangana: Judge slams AP Police

Fri, 19 Feb 2010 09:34:20 IST

Bar & Bench has compiled the comments of Justice L. Narasimha Reddy, who is hearing the petitions on the Telangana agitations. The AP police are under fire by the Judge for using excessive force.

Microsoft to increase outsourcing work to CPA Global

Thu, 18 Feb 2010 18:38:03 IST

Microsoft, one of the largest software companies in the world is increasing the quantum of legal work being outsourced. As a result, CPA Global will be the biggest beneficiary.

Drama in Madras HC; Rajnikanthâs Sultan in dispute; Naik Naik & Co star

Thu, 18 Feb 2010 14:14:20 IST

Naik Naik & Co’s Ameet Naik, representing Reliance ADAG subsidiary, Reliance MediaWorks Limited, obtained favourable orders against the Rajnikanth-family promoted Ocher Studios.

Actis invests 50 million in Integreon

Thu, 18 Feb 2010 10:02:18 IST

Actis has purchased a stake worth $50 million in top LPO, Integreon. The LPO sector is considered to be a hot emerging sector. Watch out for this space, more deals are on their way.

CJI in cash-in-bag storm

Wed, 17 Feb 2010 17:02:32 IST

The Bar Association of the Punjab & Haryana High Court has criticized CJI K.G. Balakrishnan and former Attorney General, Milon Banerjee for having given a clean chit to Justice Nirmal Yadav in the cash-in-bag scam.

BCCI shifts IPL venue; Little & Co. bats for Deccan Chargers, issue notice

Wed, 17 Feb 2010 13:29:43 IST

After the Board for Cricket Control in India moved 6 matches for the third edition of the Twenty-20 Indian Premier League out of Hyderabad and Vishakapatnam, defending champions Deccan Chargers have slapped the BCCI with a notice.

Deccan Chargers Sporting Ventures Limited, that manages the cricket team, have threatened to withdraw from the IPL, in the event the BCCI responds in the negative. Deccan Chargers claim that they have spent substantial sums of money in organizing for the matches to be played on the home turf, and the shift will cause them, heavy losses.

Ajay Khatlawala, the Managing Partner of Little & Co's Mumbai office is representing the sports franchise. Reports indicate that notice alleges that the BCCI unilaterally, without consulting Deccan Chargers changed the venue, which is in breach of the 2008 Franchise Agreement. The matches had been shifted out of Hyderabad and Vishakapatnam on the grounds that the region’s political situation was unstable, creating a security risk. The revised schedule that was released indicated Nagpur and Mumbai as alternate venues to play the Chargers’ matches.

In the event that BCCI’s decision comes through, the Hyderabad based Deccan Chargers would not be playing any games on the home turf this IPL.

Our sources had erroneously informed us that FoxMandal Little was representing Deccan Chargers. We regret the error caused.

Kochhar stamps South India presence - Partners for Hyderabad and Chennai

Tue, 16 Feb 2010 18:38:46 IST

Kochhar & Co. is increasing their footprint in the South Indian market. Former Singhania & Partners', Siva Kumar Gopinatham joins to head the Hyderabad office, while Vijay Raghavan will head the Chennai IP team.

Call Waiting: Bharti's African Safari may benefit AZB

Tue, 16 Feb 2010 16:04:56 IST

AZB has consistently acted as Bharti's advisors on their cross-border acquisitions. At $10.7 billion, Bharti will be paying about $250 (Rs. 11,600) for each of Zain’s 42 million African customers. However, some companies are objecting.

'Rs. 5 crore' courts may be reality

Tue, 16 Feb 2010 09:37:14 IST

The controversial Commercial Division of High Courts Bill, which seeks to set up a fast track court to hear disputes where Rs. 5 crore ($1.8million) or more is at stake, is being studied by the Rajya Sabha Select Committee. The Lok Sabha had passed the bill in December 2009.

Under this bill, the courts will have to grant their verdict within 30 days of hearing the final arguments. This bill forms an integral part of Veerappa Moily’s reforms in the judicial sector. The Minister for Law has been devoted to judicial reforms. Especially after the World Development Bank rankings for countries most conducive for business ranked India at 122 of 188 countries.

However, in light of the Bill facing stiff opposition in the Rajya Sabha that it has no benefit for the poor and only favors the rich, it might see a difficult birth.

Constitutional Vice of Religion Based Reservations

Mon, 15 Feb 2010 18:34:46 IST

Vivek Reddy looks at the history behind the recent judgement of the Andhra Pradesh High Court on religion based reservations. Having appeared before the 7-Judge Bench, Vivek takes a quick look at the implications of the judgement.

Youâll Never Work Alone

Mon, 15 Feb 2010 18:05:26 IST

The working style of a senior litigator in India is vastly different than that of one in the US or the UK. Does that mean that the Indian litigator is merely behind the global trend? Lexpert analyses in this feature.

NLU, Delhi wins D.M. Harish Moot

Mon, 15 Feb 2010 16:13:29 IST

2-year old NLU, Delhi has won the D.M. Harish Moot Court Competition organized by the Government Law College, Mumbai. The NLU team comprising entirely of II year students beat ILS, Pune for the top honour.

FML helps OTPC step on gas; PFC pumps in 2,244 crore

Fri, 12 Feb 2010 18:39:51 IST

Oil & Natural Gas Corporation’s Tripura Power Project, which aims to solve the entire North-East region’s power shortage, recently got financial backing from the Power Financial Corporation (PFC).

ONGC Tripura Power Corporation (OTPC) is in the process of establishing a power plant fuelled by natural gas at Palatana in Tripura State. Built to generate 726.6 MW, the cost is an estimated Rs. 3,418 crores ($735 million), proposed to be funded in a debt equity ratio of 75:25. The project is a joint venture between ONGC, Infrastructure Leasing and Financial Services Limited (IL&FS) and the Government of Tripura.

PFC a financial institution and Navrathna PSU, set up to finance the Power sector has entered into a deal by lending Rs. 2,244 crores ($515 million) on a long term basis to ONGC. FoxMandal Little’s Delhi-based Partner, B.N. Banerjee, with his team comprising Senior Associate Rajesh Sehgal and Associate Milli Chatterjee, advised PFC. Rajesh Sehgal told Bar & Bench, "It was challenging, since ONGC being a Navratna company, is on the Board of the OTPC. For us it was the first time we had done a deal with ONGC and the captive natural gas based power stations interconnected with the power project.” FML were the sole counsel on the transaction.

Shahid Azmi, 26/11 defence counsel shot dead

Fri, 12 Feb 2010 12:16:58 IST

Shahid Azmi, who was defending 26/11 terror attack accused, Fahim Ansari, was shot dead in his office around 8 pm yesterday. The 4 assailants gained entry into his office on the pretext of consulting him on a case.

Luthra, Amarchand - top honours in IBLJ's law firm awards

Fri, 12 Feb 2010 08:56:45 IST

Luthra has won 'Law Firm of the Year' award. Amarchand Mangaldas has won in 12 categories of the 19 categories in the 2009 edition of the India Business Law Journal Law Firm Awards.

Can retired SC Judges holding constitutional posts take up private work?

Thu, 11 Feb 2010 14:54:01 IST

Delhi High Court is to decide whether retired Judges holding constitutional posts on various Commissions can take up private work like Arbitration, opine on matters etc.

In the PIL, Prashant Bhushan appearing for Common Cause, argued yesterday before the Division Bench comprising Chief Justice A.P. Shah and Justice R.S. Endlaw that,"Giving opinions in writing on a point in issue to be produced in a court of law is a violation of Article 124(7) of the Constitution which prohibits a retired judge of the Supreme Court from acting or pleading before any court or tribunal,”

Bhushan continues his drive reform for greater Judicial accountability. The matter is due to come up on March 10 where the Union Government is to submit its stand on the issue.

Thank God for Lawyers!

Thu, 11 Feb 2010 11:04:01 IST

Popular culture paints a lawyer as a blood sucking, corrupt, morally bankrupt leech, deserving of contempt. Vijay Rao, the co-founder of Jurimatrix, now Clutch Group, however, disagrees. In this Bar & Bench special, a non-lawyer attempts to educate the non-believer on why the society needs us lawyers.

En route quality legal education - young faces for professors?

Thu, 11 Feb 2010 09:30:35 IST

That there is an acute shortage of quality legal education is no secret. However, is recruiting younger faces with an innovative approach to academics, the solution the CJI and the Law Minister are looking for?

2-0 for Cipla; Bayer fails in Patent Linkage battle

Wed, 10 Feb 2010 17:20:30 IST

Chief Justice A.P. Shah and Justice Muralidhar, yesterday upheld Justice Ravindra Bhat's judgment dismissing Bayer's appeal to introduce the 'Patent Linkage' system in India. However, the battle may not be over for Bayer.

To Tax or not to Tax: Sr. Counsel S.E. Dastur, AZB, Star (TV) in AAR ruling

Wed, 10 Feb 2010 15:03:20 IST

Senior Counsel S.E. Dastur and AZB successfully argued the Star Group amalgamation case worth Rs. 875 crore, before the AAR, which followed principles laid down in the McDowells and the Azadi Bachao Andolan cases.

Slew of High Court Justices Transfer

Tue, 09 Feb 2010 14:56:18 IST

President Pratibha Patil has had a busy few days with the transfers of High Court Judges.

Justice Anil Ramesh Dave, Chief Justice of the Andhra Pradesh High Court, has been transferred to the Bombay High Court. Justice Dave has been asked to assume charge on or before February 15.

Also, there has been an exchange in the High Courts of Jammu and Kashmir and Sikkim with Justice Barin Ghosh, Chief Justice of Jammu and Kashmir, being shifted to the Sikkim High Court, and Justice Aftab H. Saikia, Chief Justice of the Sikkim High Court, to the Jammu and Kashmir High Court.

Justice Jasti Chelameswar, Chief Justice of the Gauhati High Court who hails from Andhra Pradesh, is being shifted to the Kerala High Court, whose Acting Chief Justice Kurein Joseph was recently appointed as the CJ of Himachal Pradesh High Court.

The collegium has recommended that Justice Nisar Ahmad Kakru of the Jammu and Kashmir High Court be elevated to the post of Chief Justice of the Andhra Pradesh High Court. Justice V. Gopalagowda of the Karnataka High Court is being elevated to Chief Justice of the Orissa High Court while earlier he was tipped to become the Chief Justice of the Kerala High Court.

Muslim Reservation: Senior Counsel Ramakrishna Reddy secures victory

Tue, 09 Feb 2010 14:50:40 IST

A 7 Judge Bench of the Andhra Pradesh High Court struck down State Government’s efforts to provide 4 percent reservation to Muslims.

VI ITechLaw conference concludes; resounding success

Mon, 08 Feb 2010 18:50:53 IST

The 6^th International Asian Conference organized by the International Technology Law Association held on February 4 and 5in Bangalore, saw attendance of about 250 members from the legal and technology fields from both India and abroad.

Yet another Consultant for FML; London office gets Labour MP Nigel Vaz

Mon, 08 Feb 2010 17:44:39 IST

In its second consultant hire in the last one week, FoxMandal Little has gotten on board Member of Parliament and British Labour Party politician, Nigel Keith Anthony Standish Vaz for their London offices.

Vegetable in Court - BT Brinjal

Mon, 08 Feb 2010 11:56:40 IST

Activists have claimed that BT Brinjals had an adverse impact when tested on lab rats. Hemant Goswami has petitioned the Punjab & Haryana High Court on the BT Brinjal matter.

AZB & Partners on Pioneer Urban - Carlson Hotels deal

Fri, 05 Feb 2010 16:44:36 IST

Gurgaon-based real estate development firm, Pioneer Urban Land & Infrastructure has entered into a Hotel Management Agreement & Trademark License Agreement with Singapore-based Carlson Hotels Asia Pacific Pty Limited which operates some of the world’s leading hotel brands in the Asia Pacific region which includes Regent Hotels & Resorts.

The $50 million (Rs. 234 crore) transaction was led by AZB & Partners’ Meera Singh Joyce and Ravi Prakash advising Pioneer on the Agreements. Carlson Hotels Asia-Pacific was advised by its in house legal team.

Karanjawala & Co., Mukul Rohatgi, Siddharth Luthra bail out Satyam Auditor

Fri, 05 Feb 2010 15:29:01 IST

After 13 months in jail, PwC auditor Srinivas Talluri has got a bail from the Supreme Court after furnishing a personal bond worth Rs. 20 lakh. Karanjawala & Co. had briefed Mukul Rohatgi and Siddharth Luthra.

ALMT, Desai & Diwanji on the top in Venture Intelligence League Tables

Thu, 04 Feb 2010 17:08:38 IST

Venture Intelligence League Tables, an India-based transaction tracking firm has announced the top two law firms based on volume of Private Equity and M&A transactions advised during the calendar year of 2009.

The Bombay headquartered ALMT Legal has bagged the top honours for Private Equity while Desai & Diwanji has bagged the top spot for Mergers & Acquisitions.

Vishnu, an analyst at Venture Intelligence, a part of the organizing committee of the Awards told Bar & Bench that a detailed list of law firms and dealmakers would be disclosed after the Awards ceremony is over. Venture Intelligence is hosting the APEX '10 Private Equity Summit in Mumbai that is scheduled to conclude today. Watch this space, more to come here.

Gauri Advani's role as broker affirmed

Thu, 04 Feb 2010 16:38:17 IST

A UK High Court ruling has revealed Eversheds’ Gauri Advani’s involvement in a £380,000 bribe. This is not the first time Gauri has been in the eye of a storm.

MMB Legal on call in Spice Retail's acquisition of Global Access

Thu, 04 Feb 2010 15:09:56 IST

Spice Retail, the multi brand mobile and technology retail chain, has acquired Bangalore-based retail chain, Global Access. B.K. Modi owned Spice Retail has a nationwide network of nearly 700 stores.

“The telecom retail industry is primarily driven by customer footfalls and real estate values of the retail outlets. Global Access’ acquisition indicates that the real estate and retail market dynamics are being exploited by large national players to generate long term value for their businesses,” feels Mahesh Madan Bhat, the name partner of MMB Legal.

Mahesh with his team, comprising Partner Amrut Joshi and Associate Ryan Locke advised Global Access. Spice Telecom’s in house counsel advised on the transaction.

Inox takes over Fame Cinemas; Khaitan, Naik Naik & Co star

Wed, 03 Feb 2010 19:15:10 IST

Khaitan & Co. advised Inox Lesiure in its acquisition of 43 percent stake in Fame Cinemas. The promoters’ stake at Fame was valued at Rs. 65 Crores ($14.1 million). Managing Partner Haigreve Khaitan advised Inox on this deal which will make them race ahead of PVR Cinemas that controls 135 screens.

In November, PVR had acquired the theatre businesses of real estate giant DLF which was the beginning of theatre consolidation. Reuters reports that the combined network of the two operators will have 55 multiplexes and 204 screens in all, with Fame bringing in 25 operational multiplexes and 95 screens. Haigreve Khaitan, the Managing Partner of Khaitan & Co., said “This transaction was quite challenging, given the complexities involved and limited time frame to deliver results. INOX Leisure, its parent Gujarat Flourochemicals and group companies have been our long-standing client and we advise them in almost all of their transactions. We are very pleased to assist them in this very important strategic transaction.”

Entertainment firm Naik Naik & Co. has acted for Fame Cinemas. Naik Naik & Co has advised on a series of Bollywood issues, most recently being Rann, which was involved, in a copyright controversy. Name Partner, Ameet Naik along with Madhu Gadodia advised Fame.

Fame was in talks with Mexican Multiplex Major Cinepolis for a potential sale which did not go through due to valuation concerns. As per SEBI Takeover Guidelines, Inox will have to make an open offer for an additional 20 percent, as Fame is a listed entity which might see Inox’s share going above 51 percent.

5-member committee on Telangana issue

Wed, 03 Feb 2010 15:38:12 IST

The Union Government today constituted a five-member expert committee headed by former Supreme Court Judge B.N. Srikrishna on the burning Telangana issue.

Former Nalsar University of Law Director and incumbent Vice Chancellor of National Law University, Delhi, Dr. Ranbir Singh is a part of the committee. Dr Abusaleh Shariff, a Senior Research Fellow at International Food Policy Research Institute, Delhi, Dr. Ravinder Kaur, Professor at the Department of Humanities and Social Sciences, IIT, Delhi and Vinod K. Duggal, former Home Secretary doubling as the committee’s Member Secretary form the other four members.

A Home Ministry spokesperson said the committee is to hold state wide consultations across a cross section of people and with different political parties in Andhra Pradesh. The Union Government had in December ’09, worked itself into a corner when it promised agitators in Andhra Prades that it would initiate the formation of a separate state before backtracking.

20% reservation for AP students in Nalsar to be reality

Wed, 03 Feb 2010 13:47:27 IST

In September 2009, the Andhra Pradesh Cabinet had approved a reservation of 20 percent for AP students in Nalsar. Andhra Pradesh's Information Minister and Law Secretary have confirmed this. However, students are not particularly pleased with this.

Rajani, Amarchand, AZB, Sherman & Sterling on Technofab, Oberoi and Parabolic IPOs

Wed, 03 Feb 2010 11:40:52 IST

Technofab Engineering, the Hyderabad based Engineering and Construction company catering to the power, industrial and thermal sectors will be entering capital markets with a public issue of 29.9 lakh equity shares. Mumbai-based Rajani Associates advised the issue.

Sangeeta Lakhi, Partner, Rajani Associates told Bar & Bench that fellow partner, Sanjay Israni led the transaction. The company intends to use the proceeds from the issue to meet long term working capital requirements, the procurement of construction equipment and general corporate purpose including the setting up of training centers for its employees.

Oberoi Realty

Mumbai based Oberoi Realty Limited is looking to raise Rs. 1,000 - 1,200 crore ($217 - $260 million) by diluting 12.2 percent of the post issue paid up equity capital.

While Amarchand Mangaldas’ Mumbai offices are advising the company on the issue, AZB & Partners’ Mumbai office and Sherman & Sterling’s Singapore offices are the domestic and international legal counsel to the underwriters.

Oberoi Realty intends to utilize about Rs.777 crore ($169 million) for the construction of ongoing and planned projects, Rs. 225 crore ($49 million) from the capital raised for land acquisition and the balance for general corporate purposes.

Parabolic Drugs

The Delhi offices of Amarchand Mangaldas are advising Parabolic Drugs Limited, a Chandigarh based pharmaceutical company with manufacturing facilities in Punjab and Haryana. Sources state that the company is looking to raise Rs. 200 crore ($43.1 million) in its maiden IPO.

Parabolic is one of India’s fastest growing Active Pharmaceutical Ingredients (API) manufacturing companies catering to both Indian and international markets. Parabolic is looking to use the proceeds of the issue to set up some new production units at its existing plants besides setting up a new plant and retiring loans.

Justice Kurien Joseph is new Himachal CJ

Tue, 02 Feb 2010 12:44:39 IST

Acting Chief Justice of Kerala High Court, Kurian Joseph, has been elevated as the Chief Justice of the Himachal Pradesh High Court. Justice Joseph, who will take over from Acting Chief Justice, R.B. Mishra will take oath on February 8.

Born November 1952, he graduated from the Kerala Law Academy, Thirunavanthapuram. He began his legal practice in 1979 and was designated as a Senior Advocate in 1996. Justice Joseph was appointed as Additional Advocate General of Kerala from 1994 to 1996.

He was appointed as a judge of the Kerala High Court in August 2000 and has been the Acting Chief Justice after taking over from Justice S.R. Bannurmath who retired on January 23 last month.

Sudhir Mishra FML's new Environmental Law head

Tue, 02 Feb 2010 12:09:57 IST

Sudhir Mishra, an environmental law specialist will be leading FoxMandal Little’s practice in Delhi. However, Mishra will continue his practice at Connaught Place in Delhi, while advising FML as a consultant, in a unique structure.

Legal community helps keep afloat India's Winter Olympics dream

Mon, 01 Feb 2010 20:23:12 IST

Five high profile senior counsels have helped keep Shiva Keshavan's dream alive. The sole Indian representative in the 2010 Winter Olympics to be held in Vancouver, Canada, faced problems when his sled broke during training.

DLA Piper, Ogier, Travers Smith, Carey Olsen, Clifford Chance on ICG-CPA Global deal

Mon, 01 Feb 2010 17:27:54 IST

ICG has bought 47 percent in CPA Global valuing them at $1.5 billion. DLA Piper and Ogier advised ICG, Travers Smith and Carley Olsen advised CPA Global and Clifford Chance advised the bankers.

MMB Legal, Amarchand on GVK - Zurich Airport deal

Mon, 01 Feb 2010 14:36:00 IST

Bangalore-based MMB Legal and Mumbai-based Amarchand Mangaldas advised Unique - Flughafen Zuerich AG and GVK Airport Developers on the Rs. 484 crore transaction. GVK is poised to be the second largest shareholder in BIAL.

Law Commission report on multiple SC Benches - thumbs down from AG, CJI

Mon, 01 Feb 2010 09:33:12 IST

The 229^th report of the Law Commission which proposed instituting four regional benches of the Supreme Court to ease the burden of the present Supreme Court has run into an insurmountable roadblock.

The report proposed dividing the Supreme Court into a Constitutional Bench at Delhi and 4 cassation branches of the Supreme Court in the North, East, West and South regions at Delhi, Kolkata, Mumbai and Hyderabad or Chennai respectively.

The Ministry of Law had sought the opinion of Attorney General Ghoolam Vahanvaty who classified the recommendation as unworkable. Now, the Chief Justice, K.G. Balakrishnan has expressed his reservations.

Speaking to at the R.K. Jain Memorial Foundation Lecture at Delhi, he made it clear that he was not in favor of the ‘disintegration’ of the Apex Court. “It is a final court and we should maintain the integrity of the Supreme Court,” he said.

Senior Counsel K.K. Venugopal however felt that an additional appellate court between the High Courts and the Supreme Court would be beneficial. Agreeing with the suggestion, the CJI felt that there was nothing wrong with ‘restructuring’ the Supreme Court. “Personally, I feel that it cannot be in any other part of India. I cannot let the Supreme Court disintegrate,” he added.

SNG step on gas; Hiren Mehta to lead Mumbai litigation practice; Rakhi Shanker returns

Sat, 30 Jan 2010 16:06:07 IST

S.N. Gupta & Co are looking aggressive with their third lateral hire. Come February, Hiren Mehta, MLS Vani & Associates’ Dispute Resolution and Real Estate Partner will start a new stint with SNG in Mumbai.

France-based Gide Loyrette Nouel on NMDC stake sale, with Crawford Bailey, S&R, Dorsey & Whitney

Sat, 30 Jan 2010 09:33:52 IST

The London branch of France-headquartered, Gide Loyrette Nouel LLP is advising the Government of India on the sale of 8.38 percent of its stake in National Mineral Development Corporation (NMDC). Bar & Bench had earlier reported that 7 India firms are in the race to advise the Government.

The Draft Red Herring Prospectus, filed before the SEBI earlier this week discloses that Gide is the international counsel to the Government while Crawford Bailey’s Mumbai-based Partner, Sanjay Asher, is advising on domestic law. The shortlisted bankers, Morgan Stanley, Citigroup Global Markets, RBS Equities, Edelweiss Capital, UBS Securities and Kotak Mahindra Capital are being advised by capital markets specialists S&R Associates along with the Australia office of Dorsey & Whitney.

The Government hopes to raise Rs. 18,000 crore ($3.8 billion) from diluting its stake. The government currently owns 98.38 percent in the mining firm after having offloaded 1.62 percent in 1996.

Google's Library Project runs into more trouble; Indian Publishers' turn now

Fri, 29 Jan 2010 15:49:57 IST

The IRRO, along with several Indian publishers and authors, on Thursday moved a US court against GBS 2.0, alleging copyright violation. Google's Library Project has faced legal roadblocks around the world for the last 4 years.

SILF meets FinMin on taxation matters

Fri, 29 Jan 2010 13:56:00 IST

On Wednesday, some of India’s top lawyers met Finance Minister Pranab Mukherjee on tax-related issues, particularly the imposition of service tax on law firms. The minister has sought assistance on simplifying the tax regime.

IFLR Asia Awards 2010: Amarchand, J. Sagar, Luthra and S&R from India

Thu, 28 Jan 2010 09:08:17 IST

The nominations for the prestigious International Financial Law Review's awards have been announced. The Cairn India and Sterlite convertible transactions are the India nominees. Luthra & Luthra is on both India deals.

Thirumalesh Gangappa, General Counsel, Google India

Thu, 28 Jan 2010 07:31:50 IST

He did not want to do law, but when he did, took to it like fish to water. Batch of 1996 from National Law School of India University, Bangalore Thiru as he is popularly known, has a variety of experience. Currently the General Counsel of Google India, Bar & Bench had a quick word with him.

The myth of the American Lawyer

Wed, 27 Jan 2010 19:36:38 IST

Shubi Arora believes that the average person in the US believes that an attorney lives in the lap of luxury. Using the example of an Ivy League lawyer who advertised on Craigslist, he tries dispelling the myth. For years, he says, the unwary have entered the field hoping for a life of comfort and security. The reality, however, is different.

Lawyers who matter - Fali Sam Nariman

Wed, 27 Jan 2010 19:13:41 IST

In the first of a series, Vivek Reddy profiles Fali Sam Nariman. Vivek Reddy was Nariman's junior, and is currently practicing in the High Court of Andhra Pradesh. He takes a look at the landmark cases that paved the way in making him one of the best constitutional lawyers in the country.

Amarchand and Linklaters on Yes Bank QIP

Wed, 27 Jan 2010 16:57:32 IST

Amarchand Mangaldas' Mumbai-based Capital Markets Partner, Yash Asher and Senior Associate, Srishti Ojha have completed Yes Bank's $ 225 million (Rs. 1,094 crore) QIP. Linklaters advised Yes Bank on the international aspect of the transaction. The Linklaters team was led by the Singapore-based Partner of the India Group, Arun Balasubramaniam.

Yes Bank has spent about Rs. 40.18 lakhs ($0.8 millon) in 2009 and Rs. 35.94 lakhs ($0.7 million) in 2008 as legal fees. With Amarchand and Linklaters on this QIP, the annual legal expenses of Yes Bank is definitely bound to increase, if not double.

DLA Piper on a roll with Shriram Transport and Usha Martin QIPs

Wed, 27 Jan 2010 16:51:30 IST

DLA Piper has bagged two QIP mandates with Shriram Transport's $125 million (Rs. 575 crore) QIP and Usha Martin's $100 million (Rs. 460 crore) QIP.

DLA Piper has been increasingly active in the India market, and had hired Biswajit Chaterjee from Allen & Overy to boost their India practice. In November '09, they completed the Rs. 1,000 crore ($ 216 million) QIP of Aban Offshore. Biswajit along with the Stephen Peepels, the Capital Markets Head at the Singapore office advised both Shriram Transport and Usha Martin.

J. Sagar Associates' Mumbai offices were the domestic counsel for Shriram Transport. Crawford Bailey's Mumbai offices and DLA Piper were the advisors on the domestic legal issues and International legal issues respectively, to the Lead Mangers, CitiGroup Global Markets, IDFC-SSKI and Bank of America Merrill Lynch.

Khaitan & Co. and DLA Piper were the domestic and international counsel respectively for Usha Martin on the QIP issue.

Heavy duty counsel in the Deemed Universities Case; Law on Foreign Universities soon

Wed, 27 Jan 2010 13:50:34 IST

The Supreme Court has issued an order of status-quo on the Tandon Committee recommendations in Viplav Sharma's Writ Petition on the Deemed Universities case.

Rann(ing) into copyright controversy; Naik & Co and Legasis Partners bag lead roles

Wed, 27 Jan 2010 10:23:14 IST

They say 'No publicity is bad publicity'. With Ram Gopal Varma's panache for controversy, his movies need no publicity stunts. Ram Gopal Varma's offering, Rann is coming up for hearing today.

Dinakaran din; after P.P. Rao, Justice Sirpurkar's turn

Tue, 26 Jan 2010 07:22:41 IST

Prashant Bhushan has, in a letter to the Vice President, pointed out the flaws at the procedure in which the inquiry committee looking into the Justice Dinakaran matter was appointed.

Voter ID use raises constitutional questions

Mon, 25 Jan 2010 15:45:54 IST

A Division Bench of the Supreme Court comprising Chief Justice K.G. Balakrishnan and Justice Deepak Varma ordered on Friday that Muslim women who do not wish to be photographed need not vote.

Petitioner M. Ajmal Khan argued that the Election Commission should not photograph Muslim women, as it is violative of Article 25 of the Constitution. Khan contended that the Holy Quran stipulates that only family members can see the face of a Muslim woman.

Media reports indicate that Muslim clerics and organizations are in support of the Supreme Court's observation that Muslim women ought to shed their burqa to be photographed for electoral role verification. The Madras High Court in 2006 had dismissed Khan's petition filed after the EC started printing electoral rolls with photographs of voters.

Khan's team of counsels comprising P.N. Ramalingam, V.Balaji and Pravesh Thakur were countered by a battery of counsels including Additional Solicitor General Mohan Jain and the EC's standing counsel, and Kachwaha's outside counsel, Meenakshi Arora. Senior Counsel Gopal Subramaniam appeared for the Union of India. Other counsels included Balaji Srinivasan, V. N. Subaramaniam, Madhusmita Bora, Prateek Jalan, Prabhat Kumar, Anil Katiyar, and B. Krishna Prasad.

The SC has posted the matter on February 22 for final disposal.

Madras lawyers on strike - protest indictment of 31 lawyers

Mon, 25 Jan 2010 15:26:20 IST

A week after the CBI filed the chargesheets indicting 31 lawyers relating to the Madras HC incident, Madras lawyers are up in arms, and are on strike till February 27.

Luthra on expansion mode; aims for 300-lawyer mark in 2010

Fri, 22 Jan 2010 12:56:49 IST

With a focused growth agenda, Luthra & Luthra is looking at strengthening their presence in Bangalore and Mumbai and reinforcing their present office in Delhi. Luthra's Senior Partner, Mohit Saraf speaks to Bar & Bench.

J. Sagar's SAT specialist Somasekhar helps SAT define 'control'

Thu, 21 Jan 2010 19:29:13 IST

Somasekhar Sundareshan, J. Sagar & Associates' Mumbai Partner, argued for private equity firm Subhkam Ventures before the Securities Appellate Tribunal to define the word, 'control'.

"I need an orthopedic and a cardiac specialist to conduct SCBA meetings" - Judge; SCBA elections scheduled in March

Thu, 21 Jan 2010 16:37:03 IST

Controversies of financial irregularities have hit the executive committee of the SCBA, leading to its dissolution. An interim committee comprising former SCBA presidents, K.K Venugopal, P.P. Rao and P.H. Parikh, will take over its functioning.

Luthra to bring Indosolar on market

Thu, 21 Jan 2010 11:29:37 IST

Madhurima Mukherjee, Luthra & Luthra's Capital Markets partner, assisted by Senior Associates, Geeta Dhania and Jitesh Shahani with Associates Pallavi Meena and Ravi Dubey, are advising Indosolar, a Delhi based company which manufactures solar cells on its IPO.

Sources indicate that Indosolar hopes to raise about Rs. 400 crore ($87 million) through this offer. They are also planning a pre-placement of Rs. 125 crore ($ 27 million) with institutional investors. The company intends to utilize the proceeds for expansion of their manufacturing capacity and for general corporate purposes.

AZB's Shuva Mandal and Davis Polk's Kirtee Kapoor on RIL deals

Thu, 21 Jan 2010 10:23:40 IST

AZB's Mumbai Partner, Shuva Mandal has advised UBS Securities and CitiGroup Global on the sale of RIL shares held by the Petroleum Trust, settled by its wholly owned subsidiary, Reliance Industrial Investment Holdings Limited.

Phoenix Legal's Sawant Singh advises on IFMR's microfinance deal

Wed, 20 Jan 2010 16:00:40 IST

IFMR Capital Mosec I closed the world's first multi-originator securitization of micro-loans. Mumbai-based Sawant Singh [pictured], co-founder of Phoenix Legal, led his team comprising Akanksha Midha and Jijo Cherian in advising on the transaction.

Khaitan & Jayakar respite for Ramalinga Raju; J. Sagar and Karanjawala for PwC auditors

Wed, 20 Jan 2010 00:21:57 IST

The Bombay High Court granted an extension on the stay on the production warrant issued against Ramalinga Raju by a Magistrate's Court. It has been a little more than a year since Ramalinga Raju's infamous letter. While on one hand we are yet to decide the forum in which Raju ought to be tried, on the other hand, US courts sentenced Bernard Madoff to 150 years in prison in just over 6 months.

Dinakaran din; Shanti Bhushan protests Rao's inclusion

Tue, 19 Jan 2010 23:55:56 IST

The constitution of a three-member panel on January 16 by the Lok Sabha to investigate the allegations in the Justice P.D. Dinakaran matter has already run into a road block two days after its constitution.

Former Union Minister for Law and Senior Counsel, Shanti Bhushan is protesting Senior Counsel P.P. Rao's inclusion in the three member committee which also comprises Justice Sirpurkar and Chief Justice of the Andhra Pradesh High Court, A.R. Dave. Shanti Bhushan alleges that P. P. Rao had advised Justice P.D. Dinakaran in December regarding the corruption allegations, consequently leading to a 'conflict of interest'.

Shanti Bhushan added that the Campaign for Judicial Accountability will file an application seeking recusal of P.P. Rao in the event he does not withdraw voluntarily.

Ashurst consolidates Asia & India presence with A&O hire

Tue, 19 Jan 2010 20:35:22 IST

Former Allen & Overy partner, Keith McGuire has been appointed as a corporate partner in Ashurst's Singapore offices. Sources inform us that McGuire's appointment is to firm up Ashurst's Asia and India practice.

A well (w)heeled judiciary

Tue, 19 Jan 2010 10:58:05 IST

When 'Mobile Courts' were first launched in 2004 in New Delhi, there were believers and sceptics in equal number. Almost 6 years after the concept was first launched, the acting Chief Justice of the Bombay High Court, Justice J.N. Patel yesterday launched the Maharashtra State Legal Services Authority sponsored, 'Mobile Van Court' at Mumbra, a suburb of Mumbai.

Manupatra launches e-books on Kindle

Mon, 18 Jan 2010 19:12:03 IST

Legal publishing major Manupatra has launched digital versions of its publications on Kindle. Manupatra is targeting their product at tech-savvy lawyers who prefer to carry about 300 grams of Amazon's Original Wireless Reading Device, Kindle.

Competition Commission in action: DTH operators, Kingfisher and banks investigated for 'anti-competition' practices

Mon, 18 Jan 2010 16:54:05 IST

The Competition Commission of India has received its Director-General (Investigation)'s report on the alleged anti-competitive practices engaged in by DTH operators, and banks levying pre-payment charges on loans. Kingfisher Airlines, in the meantime, failed to obtain a stay from the Bombay High Court on the CCI's preliminary investigation into its alliance with Jet Airways.

1.25 lakh undertrials to be released in 6 months

Mon, 18 Jan 2010 12:34:55 IST

Law Minister Veerappa Moily appears to be a man possessed, when it comes to reforms in the legal sector. After proposing various Bills, most of which are yet to be passed by the Rajya Sabha, Moily has shown keen intent on following up on his promises.

Moily is setting a six month deadline starting January 26 to release 1.25 lakh undertrial prisoners who have been booked for petty offences and have served a majority of the prescribed sentence. Statistics peg 60 to 70 percent of the jailed population as being undertrials, and a similar percentage as petty offenders. Several spend more time in jail as undertrials than the maximum tenure prescribed by law.

In August last year, Prime Minister Manmohan Singh raised concerns and sought an efficient case disposal system. In response, Moily has structured a detailed plan to put the Prime Minister's demand into action.

Sources suggest that Moily has divided the country into zones to be headed by various Additional Solicitor Generals who will be guided by Attorney General Ghoolam E. Vahanvati and Solicitor General Gopal Subramaniam.

At a consultation for electoral reforms conducted yesterday at Dharwad, he reiterated his commitment to bringing reforms in legal education, as well as judicial and electoral reforms.

Justice Sirpurkar to head Dinakaran impeachment panel

Mon, 18 Jan 2010 10:23:57 IST

Hamid Ansari, the Chairman of the Rajya Sabha, on Saturday ordered the constitution of a 3-member panel under the Judges (Inquiry) Act, 1968, to investigate the charges against Karnataka Chief Justice P.D. Dinakaran. The panel headed by Justice V.S. Sirpurkar [pictured] of the Supreme Court, comprises Andhra Pradesh Chief Justice A.R. Dave and Senior Counsel P.P. Rao.

What's in a name?

Sat, 16 Jan 2010 19:15:07 IST

An application filed by Subash Chandra Agarwal, the serial Right to Information (RTI) applicant, before the Union Ministry of Law, has revealed that they are considering proposals filed by four states to rename their High Courts.

ValueNotes launches proprietary methodology; top rating for CPA Global, Integreon, Pangea3

Fri, 15 Jan 2010 17:06:54 IST

Pune-based ValueNotes has launched a methodology to rate LPOs. They rate a company on three parameters, Services Maturity, Sustainability and Strategic Intent. The results of the methodology have declared CPA Global, Integreon and Pangea3 as 'Pacesetters' in the segment.

Surana & Surana befriends Uruguayan law firm, Ferrere

Fri, 15 Jan 2010 13:03:36 IST

Chennai-based Surana & Surana International Attorneys have entered into a 'best friends' agreement with Estudio Ferrere Lamaison, Uruguay's largest law firm. The two firms are jointly releasing a report today on Indo-South American relations in trade and investment, to mark the launch of their alliance.

Kerala HC upholds reservation for forward classes

Fri, 15 Jan 2010 09:16:17 IST

"Reservation has brought a revolutionary change in the socio-economic situation of the backward class. Now they have to wake up from the slumber of satiated insouciance," said a Division Bench of the Kerala High Court comprising Chief Justice S.R. Bannurmath and Justice A.K. Basheer, on Wednesday upholding the order of the State Government providing reservation for financially backward students of forward communities.

The September 2008 order of the State Government reserved 10 percent of the seats in government-run colleges and 7.5 percent seats in universities to poor students from forward class families living below the poverty line.

The Kerala Muslim Jama-Ath Council challenged the order stating that it would adversely affect the rights of the backward classes. Dismissing the arguments of the organization that the Muslim community was not given due importance in educational matters, the court noted that the overall situation of the Muslims had undergone tremendous change in the last few years. "It is time the community leaders thought of shedding their 'backward' tag and prepared to compete with others for a slot in the general merit category," said the Court, observing that excellence in educational and professional fields could be achieved only if there was an element of competitiveness.

NDA brings Hollywood financers to India

Wed, 13 Jan 2010 13:51:29 IST

The global economic crisis hit the US economy particularly hard, a fact that has been reflected in the substantial cutbacks in funding for Hollywood productions. AVT Shankardass was quick to take advantage of the situation by setting up a Rs. 500 crore ($110 million) private equity fund called Global Entertainment Partners. Nishit Desai Associates' Mumbai Partners, Siddharth Shah and Bijal Ajinkya are advising the Fund.

Indus G&D, Lexygen advise on Micromax-TA Associates PE venture

Tue, 12 Jan 2010 18:38:25 IST

Leading private equity player, TA Associates, has made a minority investment of close to Rs. 225 crore ($45 million) in Indian mobile handset provider, Micromax Informatics Limited. The investment will give TA Associates an approximate 10 percent stake in the company. Micromax intends to utilize the funds to power its expansion plans in Latin America, Africa and Nepal.

The Delhi-based Micromax was founded in 2000 and entered the mobile handset market in 2008. The company has seen outstanding sales growth and now stands as the third largest handset provider in India, in terms of volume.

TA Associates was founded in 1968. It is one of the largest and most experienced middle market private equity firms. TA Associates leads buyouts and minority recapitalizations of profitable growth companies in the technology, financial services, business services, healthcare and consumer industries. The PE fund's portfolio also includes Idea Cellular and GlobeOp Financial Services.

Lexygen, led by founder Vijay Sambamurti and Principal Prashant Kataria, assisted by Associate Smita Sharma, advised TA Associates on the investment. Goodwin Procter LLP were TA's international legal counsels. Indus G&D acted as legal advisors to Micromax. The team from Indus G&D was led by Delhi Partner Gaurav Dani and comprised Senior Associate Prachi Mehra and Associate Rashi Khadria. Grant Thorton were sole financial advisors to Micromax.

SC Collegium reiterates Justice Prasad's elevation

Tue, 12 Jan 2010 17:29:57 IST

The Supreme Court collegium has stood by its previous recommendation to elevate Allahabad High Court Chief Justice Chandramauli Kumar Prasad as a judge of the Supreme Court. The collegium, comprising Chief Justice K G Balakrishnan and Justices S H Kapadia, Tarun Chatterjee, Altamas Kabir and R V Raveendran, has sent Justice Prasad's file back to the Law Ministry to process the recommendation.

The collegium had recommended the elevation of Justice Prasad and then Bombay High Court Chief Justice, Justice Swatanter Kumar to the Supreme Court in December. Justice Kumar was sworn in as a judge of the Supreme Court on December 18. However, the government had returned Justice Prasad's file after President Pratibha Patil questioned his eligibility on grounds of seniority. The Ministry also asked the collegium to investigate certain charges that had been brought against him. It was subsequently found that the allegations were baseless, and therefore the collegium reiterated its earlier recommendation to elevate Justice Prasad to the Supreme Court.

As per the Memorandum of Procedure, if the collegium affirms its recommendation and sends back the file, the President is bound to accept it and clear the name for appointment.

Andhra High Court asks news channels to 'toe the line'

Tue, 12 Jan 2010 16:44:36 IST

The Andhra Pradesh High Court has imposed certain rules on electronic media and has directed 13 TV news channels not transmit or telecast any programmes which could create panic in the minds of the general public.

The Court was hearing a PIL by advocate V V S S Kameswara Rao, who was seeking a restraint order on a news channel that had been repeatedly telecasting provocative speeches that could create enmity amongst various groups in the state.

The judge, in his four-page order, stated that these channels were creating sensationalism and indulging in acts which were injurious to harmony among different groups to improve viewership. On account of these improper visuals, people are becoming violent and creating havoc in the state, the judge noted.

The judge directed the state government to ensure that the channels comply with the programme code as envisaged in Rule 6 of the Cable Television Network Rules, 1994. Rule 6 states that no programme should be carried by the cable service which offends good taste or decency, contains criticism of friendly countries, contains attack on religions or communities or visuals or words contemptuous of religious groups or which promote communal attitudes, contains anything obscene, defamatory, deliberate, false and suggestive innuendoes and half truths, which may incite violence or contains anything against maintenance of law and order or which promotes anti-national attitude etc.

Delhi High Court upholds decision on RTI: CJI's office accountable to public, says Full Bench

Tue, 12 Jan 2010 15:46:14 IST

The Delhi High Court today upheld the decision of the Single Judge Bench, and ruled that the Office of the Chief Justice of India came within the ambit of the Right to Information Act, stating, "The higher the judiciary, higher is the accountability towards the public at large." The Bench also made public the intention of the judges of the Delhi High Court to disclose their assets by next week.

Preview 2010

Mon, 11 Jan 2010 19:28:16 IST

As the New Year is born, Bar & Bench takes a look at the year that will be.

2010 promises to be exciting for the legal community, in India and elsewhere. The SC is due to deliver its judgment on the Reliance matter, the UPA government has promised regulatory and legislative restructuring, and several new breakaways will begin operations this year.

LawMin aggressive on reforms: targets Indian Legal Services and Indian Judicial services

Mon, 11 Jan 2010 18:58:25 IST

Judges may soon be selected through an All-India exam similar to the Civil Services exams, if a proposal currently being drafted by the Ministry is passed. In conjunction, the Ministry is preparing a cabinet note to bring the Indian Legal Service (ILS) on par with the Civil Services.

Nalsar wins Bar Council moot for the first time

Mon, 11 Jan 2010 09:58:56 IST

The 4-member team from Nalsar, comprising Rohan Singh, Neharika Malik, Sanjhi Jain and Prabhat Kumar, has scooped the pot, winning the Bar Council of India moot for the first time in Nalsar history.

Another Reliance dispute, another recusal; Justice B.S. Chauhan opts out of Dadri hearing

Fri, 08 Jan 2010 18:18:24 IST

Justice B.S. Chauhan [pictured] of the Supreme Court, who was to hear a petition by Reliance Power Limited (RPL) challenging the Allahabad High Court judgment regarding the acquisition of agricultural land in Dadri, recused himself yesterday on the ground that he had already partially heard the matter when he was a judge of the Allahabad High Court.

Amarchand, S&R release Eros IPO

Fri, 08 Jan 2010 16:15:29 IST

Eros International Media Limited (EIML), a part of the Eros group, has filed a draft red herring prospectus with the Securities and Exchange Board of India. The company plans to raise Rs. 350 crores ($76.5 million) through the initial public offering (IPO).

EIML intends to use the funds raised through the issue to acquire and co-produce Indian film rights, primarily Hindi language films, as well as certain Tamil and other regional language films. The company intends to also use proceeds to fund Hindi, Tamil and other regional language film projects slated for release in 2011 and 2012.

Amarchand Mangaldas, through their Delhi offices, acted as legal counsel to EIML. The domestic legal advisors to the Book Running Lead Managers (BRLMs) were S & R Associates, Delhi, led by Capital Markets Partner Sandip Bhagat, assisted by Associates Gokul Rajan, Deborshi Barat and Prashant Roy. International legal counsels to the BRLMs was US-based Freshfields Bruckhaus & Deringer LLP.

Eros' Compliance Officer Rajesh Bhatia handled the in-house legal and compliance matters pertaining to the issue.

Persistent stays true to name: files DRHP for the third time; Kanga, Amarchand advise

Fri, 08 Jan 2010 15:49:27 IST

Persistent Systems, a Pune-based Software product development services firm, has renewed its plan to enter the capital markets. The company has filed a draft red herring prospectus with SEBI. The issue consists of 54 lakh equity shares of Rs. 10 each of which approximately 5.4 lakh shares will be reserved for eligible employees.

This DRHP is the company's third attempt at entering the capital markets. Persistent filed a DRHP in 2007, and again, in 2008 but did not launch the IPO due to adverse market conditions caused by the global economic slowdown.

The legal counsels to the company were Kanga & Co. led by Partner Preeti Mehta, assisted by Partner Chetan Thakkar and Associates Shuchii Khanna and Nazneen Ichhaporia. Amarchand Mangaldas, Bangalore, were the legal advisors to the Book Running Lead Managers, Enam Securities and J.P Morgan. Like the domestic advisors, Dorsey & Whitney, the international counsel to the issue, have been retained through the re-filings.

Persistent's Company Secretary and Compliance Officer Vikram Sadhale handled all the in-house compliance and legal issues.

Trilegal, India Law Services in Indian Energy's Theni Wind Project

Fri, 08 Jan 2010 14:51:03 IST

The State Bank of India (SBI) is financing Indian Energy's Rs. 290 crore ($61.6 million), 49.5 MegaWatt Theni wind farm in Tamil Nadu. The Alternative Investment Market-listed Indian Energy had earlier entered into a 'Turnkey' agreement with Chennai based ReGen Powertech, to supply and install wind turbines in Theni.

Indian Energy has also entered into a 20 year Power Purchase Agreement with the Tamil Nadu Electricity Supply Board. Indian Energy already owns a 24.8 MW wind farm in Gadag, Karnataka and is intending to generate at least 300 MW of electricity by 2013.

Trilegal is acting as the legal advisors to Indian Energy. Delhi Partner Akshay Jaitley informed Bar & Bench that the transaction was ongoing and consequently declined to disclose any details. Bombay project finance boutique India Law Services is advising the State Bank of India; Partner Ishtiaq Ali declined to reveal any details of the team, citing firm policy.

Luthra acts for lenders in $4 billion Vedanta Aluminium financing

Fri, 08 Jan 2010 14:34:01 IST

Sources indicate that Luthra & Luthra Law Offices, led by Mumbai Partner Vijaya Rao, have acted for the lenders in the mammoth Rs. 19,200 crore ($4.1 billion) part financing of Vedanta Aluminium's integrated aluminium project in Orissa. The current phase of debt financing, amounting to Rs. 10,000 crore ($2.1 billion) is subscribed to by a 25-bank local lending group led by the State Bank of India.

New Judges in High Courts of Andhra Pradesh, Himachal Pradesh and Patna

Fri, 08 Jan 2010 13:55:48 IST

Exercising the powers conferred under Article 217 (1) of the Constitution of India, the President has appointed new judges in the High Courts of Andhra Pradesh, Himachal Pradesh and Patna.

Additional Judges of the Patna High Court, Dr. Justice Ravi Ranjan and Justice Mandhata Singh were appointed as permanent Judges of the same court in the same order of seniority. Similarly, in the Andhra Pradesh High Court, Additional Judges Justice Reddi Kantha Rao, Justice Vilas Vishwanathrao Afzulpurkar and Justice Puligoru Venkata Sanjay Kumar have been appointed, in that order of seniority, as permanent Judges of the Andhra Pradesh High Court.

Mr. Vinod Kumar Sharma has been appointed as an Additional Judge to the Himachal Pradesh High Court for a period of 2 years, effective from the date he assumes charge of office.

GNLU hosts XXVI Bar Council of India Moot Court Competition

Fri, 08 Jan 2010 13:47:28 IST

Gujarat National Law University (GNLU), Gandhinagar, is hosting the XXVI All India Inter-University Moot Court Competition for Law Students, sponsored by the Bar Council of India, from January 8 to 10, 2010. There will be 4 rounds of competition with a separate moot problem for each round.

Free and Compulsory education only from April/May '10

Thu, 07 Jan 2010 18:43:57 IST

The Government assured the Supreme Court that the 'Right to Free and Compulsory Education Act' aiming to provide free and compulsory education to children between the ages of 6 and 14, will be enforced by April or May this year, after the necessary Rules were enacted.

The Court raised a question regarding the Act while hearing a child labour related petition filed by activist-lawyer M.C. Mehta. Solicitor General Gopal Subramaniam assured the Division Bench comprising Chief Justice K.G. Balakrishnan and Justice B.S. Chauhan that the Act would be enforced as soon as the rules had been finalized.

The Act has been rendered toothless on account of the lax attitude of the Government. The Bill was passed by the Legislature in 2009, but is still awaiting notification by the Government. The Constitution was amended in 2002 to include free and compulsory education for children in the age group of 6 to 14 as a fundamental right.

The Supreme Court appears to believe that the Act is the solution to child labour problems. During the course of the hearing, Justice Balakrishnan remarked, "If it is implemented with full vigour, children engaged in labour must be in school and not in work place. Child labour can be completely wiped out if the law is fully implemented."

Nishith Desai, Luthra, Clifford Chance collaborate on Neptune Developers IPO

Thu, 07 Jan 2010 18:17:58 IST

Realty firm Neptune Developers have started 2010 by filing a draft red herring prospectus with SEBI. The company plans to raise Rs. 495 crores ($108 million) through its entry into the capital markets.

Neptune developers intend to use the funds raised through the public offering to meet expenses of construction and development of certain ongoing and future projects, and to increase equity shareholding in associate company, Neptune Realtors Private Ltd and funding subsidiary for part repayment of its loans.

Luthra & Luthra, Mumbai, led by Partners Madhurima Mukherjee and Manan Lahoty, were the domestic legal counsels to the Book Running Lead Managers while Clifford Chance acted as the international legal advisors. Nishith Desai Associates, led by Senior Associate Vyapak Desai, acted as legal advisors to the company.

Neptune's Company Secretary and Compliance Officer Siddhi Shah handled all in-house legal and compliance issues.

Rajani advises on Aster Silicates IPO

Thu, 07 Jan 2010 14:12:37 IST

Gujarat-based sodium silicate manufacturers Aster Silicates have filed a draft red herring prospectus with market regulator SEBI. Mumbai-based Rajani Associates acted as sole legal advisors to the issue. The team was led by Partner Sanjay Israni with Associate Prachi Doshi.

Aster Silicates is planning to raise Rs. 53 crore ($ 11.5 million) through the public issue. The money raised will be utilised for future expansion of manufacturing facilities, additional working capital requirements and to meet the public issue expenses.

Aster's in-house legal and compliance issues were handled by Company Secretary and Compliance Officer, Janak B. Patel.

Ban the book, but keep the ebook?

Thu, 07 Jan 2010 13:23:21 IST

The Bombay High Court on Wednesday upheld the Maharashtra state government's ban on a book by a Supreme Court advocate, R.V. Bhasin, titled, 'Islam - A concept of Political World Invasion'. The book, however, continues to flourish online. Bhasin is also the author of several other publications such as 'Islamic Atom Bomb on Sale in World Black Market'.

SILF President supports law firm involvement in Bar Councils; Maharashtra Bar Council Elections to start at 9 tomorrow

Wed, 06 Jan 2010 22:16:08 IST

The hotly-contested Maharashtra & Goa Bar Council elections will begin at 9am tomorrow morning; this Bar Council has one of the largest electorates, with 282 booths listed for voting across 37 districts, 2 states (Goa and Maharashtra) and 1 Union Territory (Daman, Diu & Dadra Nagar Haveli). There are 136 candidates, including Hitesh Jain [pictured], Partner at ALMT Legal, in the fray for 25 posts.

CAT 2009: Take one, take two, and now, take three?

Wed, 06 Jan 2010 17:05:40 IST

The beleaguered candidates of the Common Admission Test 2009 may not thank Harsha Shettigar for his petition against the test in the Karnataka High Court. Shettigar has filed a PIL asking the Court to direct the IIMs to hold the CAT once again, this time in the old pencil-and-paper format.

Anand & Anand notches another victory for Rhizome in SC: no exclusive rights for 'Imperial' brands

Wed, 06 Jan 2010 15:44:43 IST

French liquor manufacturer Pernod Ricard cannot claim exclusive rights over the word 'Imperial', the Supreme Court ruled on Tuesday. Managing Partner Pravin Anand and Associate Tusha Malhotra of Anand & Anand instructed Senior Counsels Ranjit Kumar and Arvind Verma on behalf of Rhizome Distilleries.

Khaitan, Axon advise on United Bank of India IPO

Wed, 06 Jan 2010 13:18:36 IST

United Bank of India (UBI) started the New Year by filing a draft red herring prospectus with the Securities and Exchange Board of India. The bank hopes to raise between Rs. 350-400 crores ($75-86 million) through the IPO.

Khaitan & Co's Mumbai offices acted as legal counsel to the Bank. The transaction was led by Partner Nikhilesh Panchal. Delhi-based Axon Partners LLP, led by Partner Abhimanyu Bhandari, were the legal advisors to the underwriters. The Bank's in-house legal and compliance issues were handled by the Company Secretary and Compliance Officer, Bikramjit Shom.

The IPO will dilute the government's stake in the Bank -- currently standing at 100 percent -- to about 84 percent. The funds raised through the issue will be used to augment the Bank's capital base.

No right to information on judgments, says SC

Tue, 05 Jan 2010 17:55:52 IST

The Supreme Court has declared that the RTI Act cannot be used to question a judgment or the reasons behind a decision. The Division Bench, headed by the Chief Justice of India, observed that a judge was not required to furnish the reason for which he had given a particular judgment.

The decision comes on an appeal by 76-year old agriculturist Khanapuram Gandaiah of Andhra Pradesh, who alleged "judicial dishonesty" on the part of a District Court judge, M. Seetharama Murthy, who had ordered an injuction against Gandaiah on a property dispute in 2006.

Gandaiah was not questioning the judgement but merely asking for the reason behind the judgement and why parts of his submissions had not been considered. He had also sought an explanation from the judge for relying on "fabricated" documents to arrive at his decision.

The Supreme Court criticised Gandaiah for resorting to the RTI Act instead of seeking redressal from a higher court. The application had been made under Section 6 of the RTI Act for information possessed by a public authority. The RTI plea had been rejected by the District Court and the Supreme Court upheld the rejection, saying that a judge is not required to explain his decisions.

SC directs Centre to obtain one-time visa for Balaz twins

Tue, 05 Jan 2010 17:19:49 IST

The twin children of the German couple, Jan Balaz and Susanne Lohle, born to a surrogate Indian mother, might finally have a chance at leaving their birthplace and living with their parents. The Centre, on Monday, assured the Supreme Court that it would try to get the two-year-olds a one-time visa to Germany.

The possible solution was considered after the children's father, Jan Balaz, assured the apex court that he would deposit his passport with the Indian embassy in Germany and also submit periodical reports on the children's progress, through an accredited German agency. Also, in case of any wrong doing by the couple, the Indian government could always bring the children back, since the two countries have an extradition treaty, he submitted. Suitably convinced, Solicitor General Gopal Subramaniam assured the apex court that the government would discuss the matter of the visas with the German authorities within a week. The matter has been posted to January 18 for further hearing. That would give the government time to talk to their German counterparts, Balaz's counsel Nikhil Goel told Bar & Bench.

Amarchand, AZB, J. Sagar top 3 Indian firms, says Rainmaker survey

Tue, 05 Jan 2010 15:37:59 IST

The results of the Rainmaker Law Firm Survey and Awards 2009 have been released, with Amarchand Mangaldas, AZB & Partners and J. Sagar Associates coming out on top as the best law firms in India. J. Sagar has also been declared the best firm to work in, while Phoenix Legal claims the title of Young and Upcoming Law Firm of the Year.

The Exodus: 9 Partners, 60 associates leave Dua to form Tatva

Tue, 05 Jan 2010 14:04:32 IST

In a breaking story, Bar & Bench has received information that 9 Partners and 60 Associates have left Dua Associates to form a new firm, Tatva Legal. Sources from Dua confirmed that Partners Manav Nagaraj, N.K. Dilip and Manoj Menon from Bangalore, Shishir Sharma from Delhi, and Shailendra Komatreddy and Ekta Bahl from Hyderabad, are amongst the founders of Tatva Legal. Sources also confirmed that Tatva has offices in Bangalore, Delhi, Mumbai and Hyderabad and added that the firm is in talks to recruit more partners.

Now, trying to end your life can end your marriage

Mon, 04 Jan 2010 16:54:34 IST

The Bombay High Court has held that repeated threats and attempts at suicide is tantamount to mental cruelty and can therefore be a ground for seeking divorce. This judgment will provide the threatened spouse with some relief.

The Bench, comprising Justices Sharad Bobde and S.J. Kathawala, declared that it was not possible for a couple to maintain a peaceful married life if one spouse repeatedly threatened to commit suicide in public or at home.

The court was hearing a case against the judgement of a Pune family court that had granted a husband a divorce in 2002 on the grounds that his wife was temperamental, often fought with him and tried to commit suicide.

The couple had been separated for 17 years. During the time they had co-habited, the wife had attempted or threatened to commit suicide several times by consuming insecticide, pouring kerosene on her head and jumping into the Mula river. The District Court had held that these acts constituted cruelty towards the husband, and were sufficient grounds for divorce.

S.N. Gupta expands into infrastructure with Planning Commission's Rashi Anand Suri

Mon, 04 Jan 2010 16:18:25 IST

Former Planning Commission infrastructure expert, Rashi Anand Suri, is all set to head S.N. Gupta & Co.'s infrastructure practice from New Delhi. The Firm is also planning to establish a litigation practice in Mumbai, and has already identified a Head of Litigation.

Argus and AZB advise on Bain Capital's India debut

Mon, 04 Jan 2010 13:35:29 IST

Boston-headquartered PE firm, Bain Capital, is in the process of acquiring a 35.39 percent stake in Kolkata-based coal-tar manufacturer, Himadri Chemicals. Himadri is being advised by Argus Partners, while Bain's legal advisors are AZB, Delhi and Kirkland & Ellis LLP.

Review 2009

Mon, 04 Jan 2010 12:39:36 IST

It may not have been the Great Depression, but the global economic crisis heralded by the fall of Lehman Brothers in 2008 had a profound impact on lawyers the world over. The Indian legal market came out of it relatively unscathed: recruitments suddenly slowed, the capital markets were chancy, at best, and salaries saw a freeze. But legal outsourcing saw an upswing, several major deals were still in the pipeline, and from the third quarter of this year, most firms displayed a cautious optimism as the markets picked up once more, and several sectors showed a marked improvement. Bar & Bench takes a look at the year that was.

Crawford Bayley act as legal advisors to Gallant Ispat

Tue, 29 Dec 2009 15:49:20 IST

Mumbai-based law firm Crawford Bayley & Co, led by Capital Markets Partner Sanjay Asher, have acted as sole legal advisors to manufacturing company Gallant Ispat Limited's public offering.

Gallant Ispat is proposing to raise Rs. 40.5 crore ($ 8.6 million) through the issue.

Gallant Ispat, a group company of Gallant Group of Industries, is associated with the manufacturing and marketing of sponge iron, mild steel billets, re-rolled products (TMT bars and mild steel structural) and wheat flour products.

Gallant's in-house legal and compliance issues were handled by Nitesh Kumar, the company's Compliance Officer.

2010: The Year of the Entrepreneurial Lawyer?

Tue, 29 Dec 2009 13:36:49 IST

There could be several reasons compelling individuals or groups of lawyers to start their own firm, but it would be foolish to discount the most important factor - the entrepreneurial streak. De Facto feels that their risk-taking nature makes it easier for them to break away from the existing structure and start their own firm.

NMDC stake sale - 7 firms in bid battle; FML wins SJVN bid

Mon, 28 Dec 2009 17:32:00 IST

Amarchand Mangaldas, Luthra & Luthra, S&R Associates, FoxMandal Little, Khaitan & Co., Dua Associates and Crawford Bayley are bidding to be appointed as legal advisors to the Government on the National Mineral Development Corporation (NMDC) divestment process.

FoxMandal Little have been appointed the legal advisors to the Government of India in the SJVN divestment, along with their international consortium partners, K&L Gates LLP.

Alliance Corporate Lawyers advise on Sumatex IPO

Mon, 28 Dec 2009 16:12:59 IST

The West Bengal-based computer textile pattern manufacturer Sumatex Limited has filed its draft red herring prospectus with the Securities and Exchange Board of India. The funds raised through the IPO will be spent on Sumatex's expansion plans, setting up a Research and Development Centre and meeting market and working capital expenses.

The legal advisors to the issue are Mumbai-based Alliance Corporate Lawyers. The team was led by Managing Partner R.S Loona and consisted of Abhishek Borgikar, Ankur Loona, and Jyotsana Bid.

The in-house legal and compliance issues for Sumatex were handled by the Company Secretary, Neha Jain.

President Patil proposes woman judge for SC: Jharkand CJ Sudha Mishra under consideration

Mon, 28 Dec 2009 13:29:31 IST

President Pratibha Patil has asked the Law Ministry to explore the possibility of appointing a woman Supreme Court judge. Sources say that the President's proposal has been received favourably by the Law Ministry, which is mulling the names of several women judges in the High Courts, senior-most of whom is Chief Justice Gyan Sudha Mishra [pictured] of the Jharkhand High Court.

New Year a blast for Mumbai hotels as MediaLexicon fails to obtain interim stay for PPL

Mon, 28 Dec 2009 13:17:12 IST

The Phonographic Performance Limited (PPL), a copyright society engaged in licensing recording copyrights, has moved the Bombay High Court seeking a stay on the playing of copyrighted music without permission, by several premium hotels on New Year's Eve. The Single Judge Bench has refused to grant an interim stay, and PPL will now appeal before the Division Bench.

To be reintroduced - Bar Exams, Apprenticeships

Mon, 28 Dec 2009 11:43:02 IST

In an effort to raise the standards of the Bar, the Ministry of Law is now proposing to lay down an admission test for law graduates to obtain their license to practice. In addition, the Ministry proposes to reintroduce the mandatory apprenticeship which was in force for a brief period in 1996.

Don't copy, edit: Microsoft Office off the shelves by January 2010

Thu, 24 Dec 2009 10:58:46 IST

The i4i - Microsoft battle is turning out to be a David - Goliath story with i4i winning the second round. i4i claims that the 2007 version of Microsoft Word and Microsoft Office infringes one of its patents. Microsoft is to pull Word and Office off the shelves and pay $290 million as damages.

Sthree Vakil Puraskar for Justice Fathima Beevi and Malaysian Senior Advocate Saraswathi Devi

Thu, 24 Dec 2009 10:13:01 IST

All India Federation of Women Lawyers (AIFWL) will award former Supreme Court Justice Fathima Beevi [pictured] and Malaysian Senior Advocate, Saraswathi Devi, the Sthree Vakil Puraskar at Kochi on December 28 and 29. President Prathibha Patil and Chief Justice K.G. Balakrishna will preside over the program and ceremony.

Back to Square One? Life after an LLM

Wed, 23 Dec 2009 16:23:17 IST

"I had a blast. I met new people, learnt new things and worked in the US," says Zia Mody of her LLM from Harvard. "Does it help? No. Not necessarily."

Why one wants to do an LLM is a matter of personal choice. Maybe just to go abroad, maybe to study a specific aspect of law and specialize. Come the next year, however, the chances that you are going to be looking for a job, in India, are quite high.

Broadly, corporate law firms, litigation, non-profit, and academics are the sectors where you might be looking for employment. Bar & Bench's Anjan Dev takes a look at how the LLM helps in the rat race.

CLB: New members for a new year

Tue, 22 Dec 2009 16:29:16 IST

The Company Law Board (CLB), the quasi-judicial body constituted to hear issues under the purview of the Companies Act, is soon to get 3 new members. U.C Nahta will be the new technical member and Lizamma Augustine and B.S.V. Prakash Kumar will be inducted as the new judicial members.

The new appointments follow the arrest of CLB Member and acting chairman R Vasudevan by the CBI on bribery charges. Vasudevan is being charged with taking a bribe of Rs. 7 lakhs from the Company Secretary of a media organisation to pass a favourable order.

The government had acted promptly in filling the vacancy of CLB Chairman with retired Chhattisgarh High Court judge, Justice Dilip Raosaheb Deshmukh, who assumed charge on November 27. However, the arrest left the CLB severely short-staffed, and with thousands of pending cases. The Government is expected to appoint a few more members by January 2010.

Crawford Bayley assists Talwalkers's walk to expansion

Tue, 22 Dec 2009 16:20:21 IST

Mumbai-based Crawford Bayley & Co., led by Capital Markets Partner Sanjay Asher, have acted as the sole legal advisors to the Initial Public Offer (IPO) of fitness giants Talwalkars Better Value Limited. Talwalkars plans to raise approximately Rs. 70 crore ($ 15 million) through the IPO, diluting a 25 percent stake of the family-run enterprise.

Talwalkars is India's largest fitness chain. Established in 1932, it now has 33 branches all over the country and approximately 50,000 members.

The company will be spending the money raised to set up additional health clubs and expand into other areas of fitness.

FoxMandal, Amarchand, AZB benefit from DLF restructure

Tue, 22 Dec 2009 16:01:34 IST

The K.P. Singh family-owned Caraf Builders and Constructions, and its subsidiary DLF Assets Limited, will be merged with DLF's subsidiary, DLF Cyber City Developers, in accordance with the recommendations of the Special Committee of Independent Directors of DLF Limited. The Special Committee were advised by Amarchand Mangaldas' Mumbai offices and FoxMandal Little, Delhi.

Gujarat Assembly passes landmark compulsory voting Bill

Tue, 22 Dec 2009 11:06:57 IST

The Gujarat Assembly, on Saturday, passed a landmark Bill making voting in elections for local bodies mandatory. The Gujarat Local Authorities Laws (Amendment) Bill, 2009, also increases the reservation for women in local self-governance bodies from 33 percent to 50 percent.

Justice Shylendra Kumar puts pressure; Mayawati to Justice Dinakaran's aid

Mon, 21 Dec 2009 18:26:36 IST

Justice D.V. Shylendra Kumar [pictured], of the Karnataka High Court has publicly asked Justice Dinakaran to cease administrative duties as well. However, Justice Dinakaran has found support from unexpected quarters like the Uttar Pradesh Chief Minister, Mayawati, who told the PM, "The manner in which things are moving ahead at present, without giving him any chance to explain his case, is not in keeping with the importance of the matter."

Luthra gifts Lahoty partnership on Christmas eve

Mon, 21 Dec 2009 12:41:21 IST

Luthra & Luthra, which has been in the process of internally restructuring its team over the last month, has raised Capital Markets Group Head Manan Lahoty to Partner in the Mumbai office. Lahoty, who has been heading the firm's capital markets practice in Mumbai in conjunction with Partner Madhurima Mukherjee, will become Luthra's third Partner outside of Delhi.

Justice Mohit S. Shah to be elevated as Chief Justice of Calcutta High Court

Mon, 21 Dec 2009 09:18:11 IST

Justice Mohit S. Shah, the senior-most judge and acting Chief Justice of the Gujarat High Court, has been elevated as the Chief Justice of the Calcutta High Court.

Born in 1953, a son of a District & Sessions Judge, he graduated in political science before studying law. A keen academician, Justice Shah started practicing in the Gujarat courts right after his graduation in 1976. He was appointed as a Judge in the Gujarat High Court and was confirmed as permanent judge, two years hence.

Justice Shah will take over from acting Chief Justice, B. Bhattacharya who stepped in when Chief Justice Surinder Singh Nijjar was elevated to the Supreme Court in November.

S.M. Krishna promises, forgets; Chicago law firm may fight Buddhi's appeal

Fri, 18 Dec 2009 21:33:26 IST

Vikram Buddhi's lawyer Somnath Bharti has informed Bar & Bench that persistent follow-ups have resulted in a couple of large Chicago firms expressing interest in representing Buddhi's appeal pro bono. He is, however, disappointed with the Government's cold shoulder to the issue, and criticizes External Affairs Minister S.M. Krishna for failing to fulfill his promise to provide aid to Buddhi.

Delhi Bar Council election results announced

Fri, 18 Dec 2009 18:18:12 IST

After a fortnight of counting, the results of the Delhi Bar Council elections were formally announced today. Abhay Kumar, K.K. Manan, Murari Tiwari, R. Gupta, Ved Prakash Sharma, R.S. Goswami, Rakesh Sehrawat, Rakesh Tikoo, R.K. Kocchar and Suryaprakash have been confirmed as the top ten candidates. One of the most eagerly anticipated victories was that of Luthra Litigation Partner, Vijay Sondhi, who came in at number 22. Speaking to Bar & Bench, Sondhi revealed some ambitious plans for his tenure.

No SC for Dinakaran; Allahabad Chief Justice's elevation may be on hold

Fri, 18 Dec 2009 15:10:07 IST

The Supreme Court collegium has finally brought an end to months of controversy by withdrawing its recommendation for the elevation of Karnataka Chief Justice, P.D. Dinakaran [pictured left]. Reports say that the elevation of Allahabad Chief Justice Chandramauli Kumar Prasad [pictured right], whose name was recommended by the collegium along with Justice Kumar, may be put on hold.

AZB brings Haagen-Dazs to India, but Haagen-Dazs may not be to Indians' taste

Fri, 18 Dec 2009 13:05:08 IST

The Mumbai offices of AZB & Partners have advised General Mills India, the wholly-owned subsidiary of American Fortune 500 company, General Mills. The AZB team, led by Partner Kalpana Merchant, helped General Mills India to set up a franchise agreement for their Haagen-Dazs ice cream cafe in India. However, a marketing mistake on the part of General Mills has led to accusations of discrimination and racism against the Haagen-Dazs brand.

Amarchand, Jones Day advise in 300-crore Gammon India QIP

Thu, 17 Dec 2009 18:34:55 IST

The Mumbai offices of Amarchand Mangaldas, led by Capital Markets Partner Yash Ashar, have acted as domestic legal counsel for the Qualified Institutional Placement (QIP) of Indian's largest civil engineering company, Gammon India. Gammon has raised Rs. 305 crores ($65 million) through the placement. The company's Board of Directors includes Atul Dayal, the Name Partner of Atul Dayal & Co., formerly a Partner with Kanga & Co. Incidentally, he is one of the standing counsels for Reliance Industries.

The international legal advisors to the Joint Global Co-ordinators were Jones Day, Hong Kong. Jones Day has been a solid presence in the Indian markets this year, recently closing the $600 million (Rs.2,800 crores) Hindalco QIP through its Singapore offices.

Gammon plans to use the funds raised through the issue for repayment of debt. Gammon India has also been in the news several times this year due to malfunctions and negligence on construction sites. A case is pending against the company before the Delhi High Court for causing the death of six people due to negligence on a Delhi Metro construction site.

Don't call me Dalit!

Thu, 17 Dec 2009 14:25:29 IST

A Public Interest Litigation has been filed by a social activist-MLA against the use of the term 'Dalit' in all governmental communication. The petitioner Kaushal Kishore argues that the use of the term 'Dalit' to describe Scheduled Castes (SCs) is derogatory and demeaning and is not mentioned anywhere in the Constitution.

Interestingly, this PIL has been filed in the Lucknow bench of the Allahabad High Court, in a state headed by a Dalit Chief Minister, whose electoral platform was based on the communal identity of the 'Dalit' people.

The petitioner cites an alleged circular issued last year by National Commission for Scheduled Castes (NCSC) disallowing the use of the term 'Dalit' in government communication. "The term Dalit is not interchangeable with SC," claimed Hari Shankar Jain, counsel for the petitioner, contending that using 'Dalit' to refer to SCs is abusive and carries with it the stigma of untouchability, which is specifically prohibited by Article 17.

On the other hand sociologists have argued that using the term "Dalit" is simply an assertion of one's own identity and mere absence of the term from the Constitution does not make it unconstitutional.

Activist Supreme Court back in action: hears Pinki Virani's petition on right to die

Thu, 17 Dec 2009 13:28:00 IST

Activist-author Pinki Virani, the author of several seminal works relating to women's empowerment in India, is now fighting for the right to die of 61-year old rape victim, Aruna Shanbaug [pictured]. Acting as a next friend, Virani has filed a petition in the Supreme Court for permission to remove the comatose rape victim from life support.

Looking past the hype: Lawyers Collective v. Chadbourne, Ashurst and White & Case

Thu, 17 Dec 2009 11:00:24 IST

Contrary to the hype about closing the doors of India's legal market to foreign firms, and declaring the practice of all law by foreign firms in India "illegal", the Bombay High Court judgment on the opening of liaison offices by foreign firms remains stubborn in its inertia. It has moved neither forward nor backward, but has reiterated the existing status quo. By bringing non-litigious matters within the purview of the Advocates Act, the Court has not disturbed the functioning of any international firm- however, it may just end up as a thorn in the side of several Indian lawyers. The real-time impact of this judgment is negligible, says Vinaya Natarajan.

The curious case of Nikolas and Leonard Balaz

Wed, 16 Dec 2009 23:02:41 IST

The Supreme Court, while hearing an appeal for the grant of Indian passports to twins born to an Indian surrogate mother, expressed its intention of looking into the practice of surrogacy and framing guidelines to prevent the exploitation of poverty-stricken Indian women who opt to become surrogate mothers. The Court issued directions to the Centre to submit suggestions for the framing of these guidelines.

14-year epic battle draws to a close as Bombay High court rules against liaison offices for foreign firms

Wed, 16 Dec 2009 21:46:19 IST

Fourteen years ago, Lawyers Collective filed a petition in the Bombay High Court against the opening of liaison offices by foreign law firms in India. Ashurst, Chadbourne & Parke and White & Case opened liaison offices in India after obtaining permission from the RBI. Today, the Bombay HC finally ruled that the practice of the profession of law included litigious as well as non-litigious matters, and that foreign firms could not establish liaison offices in India since they cannot enroll as advocates under the Advocates Act.

Crawford Bayley and Khaitan latest beneficiaries of flourishing Indian pharma sector; assist in Hospira-Orchid acquisition

Wed, 16 Dec 2009 14:52:00 IST

Crawford Bayley, Mumbai, represented Orchid Chemicals in the sale of its generic injectable pharmaceuticals business to US-based Hospira Inc. Hospira's domestic legal counsels were Khaitan & Co, led by Partner Haigreve Khaitan. This acquisition is the latest in a series of pharmaceutical M&As intended to give foreign pharma giants entry into the fast-growing Indian pharma market, and consequently benefitting several Indian law firms, including Vaish, Amarchand and Desai & Diwanji.

Justice Syed Rafat Alam appointed as Chief Justice of Madhya Pradesh HC

Wed, 16 Dec 2009 14:02:19 IST

The President has appointed Justice Syed Rafat Alam of the Allahabad High Court, as the Chief Justice of the Madhya Pradesh High Court. He takes over from Acting Chief Justice R.S. Garg.

A graduate of the Patna Law College, he was standing counsel for the State of Bihar as well as for the Bihar State Electricity Board, Patna University and Magadh University. He was elevated as a permanent Judge of the Patna High Court in November 1994. He was transferred to Allahabad High Court the same month and briefly served as the acting chief justice in 2004, and again in 2007.

South Africa to emerge as 2010's strongest LPO destination, but India still on top, says Fronterion

Wed, 16 Dec 2009 09:05:05 IST

LPO consultancy Fronterion has released its report 'Ten for 2010', predicting the top ten trends in the LPO market in the coming year. Fronterion's market research shows that India is the market leader in legal outsourcing, having captured over 85 percent of market share, but the report predicts that South Africa will emerge as the strongest LPO destination for 2010, particularly with UK clients.

LexCounsel is ILN's newest member

Tue, 15 Dec 2009 22:27:35 IST

The International Lawyers Network (ILN) today announced that the Delhi-based LexCounsel has joined ILN as their representative for New Delhi, India. ILN was formed in 1988 to create a partnership of medium-sized law firms worldwide and is designed to share knowledge, expertise and clients. Currently, ILN has 91 full service law firms across 66 countries with over 5,000 lawyer members.

Titus & Co. triumph in T-20 tournament

Tue, 15 Dec 2009 17:53:01 IST

Titus & Co. have emerged victorious in the inter-law firm Turf Twenty 20 tournament in Delhi. The nail-biting final match was played between Titus and Saikrishna & Associates, on Sunday, after the two teams beat Bhasin & Co. and Desai & Diwanji respectively, in the semi-finals held on Saturday. Titus emerged the all-round champions with Raj Kamal being declared the Man of the Match, while Saurabh Anand and Rayner Vishal Das were declared Man of the Series and Best Bowler respectively.

Jethmalani brokers peace; Dalmia, Indiabulls settle out of court

Tue, 15 Dec 2009 14:43:47 IST

Chairman of the Delhi-based Dalmia Group of Industries, Sanjay Dalmia, and Indiabulls Financial Services (IFS) arrived at an out-of-the-court settlement yesterday. Senior Counsel Ram Jethmalani, representing Dalmia, told Justices J.N. Patel and A.A. Sayed of the Bombay High Court that the parties had settled the matter out-of-court.

Kavveri Telecom Rights Issue: ALMT Legal advise

Tue, 15 Dec 2009 13:26:20 IST

ALMT Legal are acting as the legal advisors to leading telecom products manufacturer, Kavveri Telecom Products, for their upcoming rights issue.

The Bangalore offices of ALMT Legal, led by Partner Dhanya Menon [pictured], advised Kavveri Telecom. The team also consisted of Senior Associate Rajat Bopaiah and Associates Arita Chatterjee, Pradnya Gadre and Vidya K.S.

Bangalore-based Kavveri Telecom Products is engaged in the design, development and manufacture of RF products and antennas for telecom, defense and space applications in India and abroad.

To disbar or not to disbar

Tue, 15 Dec 2009 13:17:10 IST

About 1000 lawyers could face disqualification in Tamil Nadu by the State Bar Council. The reason - obtaining a law degree through an Open University without a regular basic degree.

The Madras High Court had declared last year that post-graduate degrees obtained outside the regular university system, and without the completion of 12 years of school education, would be invalid. The matter went on appeal to the Supreme Court, which upheld the judgement of the High Court.

The identification process of lawyers who have obtained their degree through the Open University is ongoing and the Bar Council of Tamil Nadu has already sent out letters to some lawyers cancelling their enrolment.

While some enrolled advocates feel that the decision may be operative in weeding out the 'semi-professional' elements within the TN Bar, other advocates, who are facing the axe, question the decision of Ambedkar Law College to grant them an LLB degree without validating their credentials.

Luthra beefs up competition law practice with internal restructuring

Tue, 15 Dec 2009 09:06:54 IST

Luthra & Luthra has restructured resources by seeking the Head of the International Trade Law practice, Moushami Joshi to dedicate half her time to the practice of competition law. Currently, the competition law practice is being headed by Senior Partner H.S. Chandhoke with Partner and former Additional Director General of the CCI, G.R. Bhatia.

IIT alumnus Buddhi sentenced to 57 months in prison

Mon, 14 Dec 2009 13:32:51 IST

Finally, after having been convicted more than three years ago Vikram Buddhi has been sentenced. District Judge, James Moody sentenced him to 57 months in prison and a further 3 years of supervised release.

On Thursday, Buddhi wanted to fire his lawyer, Arlington Foley. Buddhi said that Foley had not given his case due importance, and had not discussed the case or strategy with him. Since he had already fired his first lawyer, Judge Moody said that he would have to either stick with Foley, or represent himself. Subsequently, Buddhi representing himself, presented his own case for over seven hours, even cross examining three witnesses.

Buddhi's sentence might be commuted since he has already served 32 months at the Chicago Correctional System, a US federal prison. Somnath Bharti , a New Delhi based lawyer, also a member of the Senate of IIT-Delhi, has been leading the campaign to release Buddhi. Earlier, Bar & Bench had interviewed Bharti about the Buddhi trial.

Buddhi will now have to, within 10 days, file an appeal before a US Appellate court.

Nariman - Need to change the system; 66 MPs sign Bhushan's motion

Mon, 14 Dec 2009 13:25:04 IST

Eminent jurist, Fali S. Nariman expressed regret for having succeeded in the 1994 Judges case which bestowed the power to select members of the Higher Judiciary, upon the collegium comprising judges of the Supreme Court. "There is a need to change the system," said Nariman.

Thumbs down to forum shopping, private investigators - Anand & Anand, Saikrishna, Lall & Sethi in Microsoft matter

Sat, 12 Dec 2009 17:34:58 IST

In a recent decision, the Delhi High Court has come down hard on 'forum shopping', where a petitioner seeks a court of choice in expectation of a favourable judgment. Microsoft Corporation had filed a case in the Delhi High Court alleging piracy, on the basis of reports generated by independent investigators hired by Microsoft.

Integreon develops 'Shared Information Services'- bags Osborne Clarke, Beachcroft, TLT

Fri, 11 Dec 2009 15:31:06 IST

Mumbai based LPO, Integreon, rank leader in the Knowledge Process Outsourcing and Legal Process Outsourcing domains is obviously on an aggressive growth strategy. Integreon states that they have received mandates and are in the process of finalizing multi-year contracts with Osborne Clarke, Beachcroft and TLT LLP, all UK based firms, for providing Shared Information Services.

Mauritius investment for Geepee Agri; Khaitan advises Rabo

Fri, 11 Dec 2009 15:01:06 IST

India Agribusiness Fund, a Mauritius based private equity fund, sponsored by Dutch banking biggie Rabobank, has purchased a 26 percent stake in Geepee Agri Private Limited.

The agricultural sector is now being seen as a viable opportunity for foreign investment. India Agribusiness Fund, is the first private equity fund investing in the Indian agricultural sector. With this investment, which is around the Rs. 48 crore ($10 million) mark, saw the exit of Geepee's majority shareholder, Noble Grain India Private Limited.

New Delhi partner, Bharat Anand led Khaitan's team in the transaction. Commenting on the unique aspects of the transaction, he said, "Timing was an issue, the Investor was losing its interest, this not only required quick turnaround from us but also pressing the Geepee and its representatives for the same. Further, Investor being a dynamic fund, required us to hit the alarm at times."

Legalizing Prostitution - 77 counsels on record, Supreme Court asks Solicitor General on Government's view

Thu, 10 Dec 2009 18:44:47 IST

A Supreme Court Bench, comprising of Justices Dalveer Bhandari and A.K. Patnaik has sought the Government's stance on legalizing prostitution. "Why don't you legalize it?" they asked Gopal Subramanium, noting that legislation banning prostitution had never been successful in curbing it. "You can monitor the trade, rehabilitate and provide medical aid to those who need it," they added.

Mahindra Satyam: Quinn Emanuel, Foley & Lardner, Patton Boggs settle Upaid dispute

Thu, 10 Dec 2009 16:15:12 IST

Mahindra Satyam's board yesterday, decided to agree for the final settlement of lawsuits filed by former client Upaid Systems, by paying $70 million (Rs. 336 crores). Bar & Bench traces the dispute back to its origins in 1996.

Luthra, Clifford Chance conclude NDTV - Turner deal

Thu, 10 Dec 2009 14:09:24 IST

Close on the heels of the NDTV Lifestyle (Lifestyle) -Scripps Networks deal, in which New Delhi Television Limited (NDTV) sold 69 percent of its stake in Lifestyle, NDTV has inked another agreement with the Time Warner-owned Turner Asia Pacific Ventures (Turner) as a part of NDTV's restructuring.

Prashant Bhushan steps on gas to impeach CJ Dinakaran, calls on Parliament to sign motion

Thu, 10 Dec 2009 11:40:54 IST

While the Supreme Court's collegium awaits the Survey of India's report on the extent of land that Justice Dinakaran has allegedly encroached, a movement is in progress to impeach him. Led by Senior Counsel Prashant Bhushan [pictured] of Campaign for Judicial Accountability and Reform (CJAR) and the Forum for Judicial Accountability (FJA), they are petitioning parliamentarians to impeach Justice Dinakaran.

CJI Balakrishnan hospitalized; RIL-RNRL hearing postponed

Wed, 09 Dec 2009 18:49:56 IST

Chief Justice of India, K.G. Balakrishnan was admitted into Apollo Hospital late last night after he complained of bouts of diarrhoea and vomiting.

Yesterday, Reliance Natural Resources Limited (RNRL) counsel Mukul Rohatgi argued that it was not bound by the decisions of the Empowered Group of Ministers (EoGM) since they met much after the supply agreement between Reliance Industries Limited (RIL) and RNRL.

Rohatgi argued for the enforcement of the demerger scheme which stipulated a suitable arrangement for the gas supply. The Bench however questioned him how the MoU was not a part of the demerger scheme and why specifics relating to the gas supply was not mentioned in the demerger scheme. Rohatgi replied that the MoU was the starting point, and despite there being no shareholder approval, everybody knew about it.

Rohatgi, who was to conclude his arguments today filed a fresh affidavit accusing RIL of attempts to inflate the price to profit Rs. 45,000 crore. Due to Justice Balakrishnan's illness, hospitalization and consequent indisposition, the hearing of the RIL-RNRL dispute was postponed indefinitely until further notice.

Infosys' Mohandas Pai to decide on implementation of the Quasi-Judicial order, Justice Verma upset on Sebi's 'Non Est' order

Wed, 09 Dec 2009 13:39:03 IST

The SEBI Board has decided that member and Infosys Director, Mohandas Pai will decide on whether or not to implement the order passed by a two member committee of V. Leeladhar and Mohan Gopal. Former Chief Justice of India, Justice Verma, has in his letter to the media, condemned the action of SEBI in declaring the two orders as 'non est'.

Mont Blanc's Mahatma Gandhi pen dispute reaches Supreme Court after Advocates file PIL

Wed, 09 Dec 2009 12:18:32 IST

A three judge bench of the Supreme Court headed by the Chief Justice of India served notice to international luxury brand Mont Blanc, on a Public Interest Litigation filed by two Delhi-based lawyers, Harsh Vardhan Surana and Sandeep Singh protesting the launch of its limited edition Mahatma Gandhi pens. DSK Legal might be representing Mont Blanc in the Supreme Court.

Former FoxMandal Partners found SRGR Law Offices

Tue, 08 Dec 2009 17:19:18 IST

Four former FoxMandal Little (FML) partners have quit and set up their own practise. Rajan D Gupta [pictured], Saroj Kumar Jha, Gaurav Bhatia and Ravi Bishnoi have founded "SRGR Law Offices", a full service law firm currently based in Delhi with two litigation offices in Allahabad and Lucknow. Gupta declined to comment on whether FML's financial troubles necessitated the move.

Wipro concludes sale of Yardley and Lornamead operations in UAE; AZB, Gordons, Clyde advise

Tue, 08 Dec 2009 16:39:06 IST

The Lornamead Group has sold their personal care products division in the United Arab Emirates and India to Wipro's consumer care and lighting division. Wipro also acquired the Asia, Asia-Pacific and North Africa operations of Lornamead's best-selling brand, Yardley, amongst others, although Lornamead continues to own the European and American arms of the brand.

AZB & Partners advised Lornamead on the domestic law aspects of the $45.5 million (Rs. 212 crore) transaction, while Clyde & Co. advised with regard to acquisition of operations in the UAE. Gordons LLP, London, were Lornamead's lead advisors on the transaction. The AZB team was led by Partners Ravi Prakash and Ashwin Ramanathan. Wipro handled the legal matters in-house.

Wipro, which is currently employing an aggressive growth policy, had in 2008 bought Singapore-based toiletries leader, Unza Holdings for $256 million (Rs. 1,194 crore).

AZB, Amarchand effect pharma deal: Bagaria to give up stake in Millipore India

Tue, 08 Dec 2009 15:50:06 IST

The pharmaceutical sector witnessed a significant change of hands with the Bagaria family selling its stake in Millipore (India) Private Limited. Millipore India, a joint venture between Kemwell Pvt. Limited and Millipore Corporation, provides technology and services to biopharma companies. AZB, Mumbai, led by Managing Partner Zia Mody and Partner Kalpana Merchant, acted as the legal advisors to the Bangalore-based entrepreneur, Subhash Bagaria, in the sell out worth Rs. 270 crores ($58 million).

As a result of the acquisition, Millipore India has now become a fully owned subsidiary of U.S based Millipore Corporation, a leader in bioscience research and biopharmaceutical manufacturing.

Managing Partner Cyril Shroff of Amarchand Mangaldas, Mumbai, led the acquisition for Millipore Corporation, along with Bangalore Partner, Arjun Lall. Amarchand's team also comprised Principal Associates Ganesh Prasad and Namrata Kolar, and Associate Sharad Moudgal.

Cheer in the beer market as J. Sagar, Trilegal infuse spirit of APB into Heineken

Tue, 08 Dec 2009 12:16:56 IST

In a series of transactions involving the UB Group, Heineken International and Asia Pacific Breweries, the Heineken brand will be brewed and sold in India by the UB Group from 2010. Asia Pacific Breweries, Singapore, (APB) has sold its wholly owned subsidiaries, APB (Aurangabad) and Andhra Pradesh-based APB-Pearl- to Heineken International. APB was advised by J. Sagar Associates. Heineken International was advised on domestic law by Trilegal, Mumbai Partners, Sridhar Gorthi and Delano Furtado. Trilegal's best friend firm Allen & Overy, Heineken's long standing counsels, advised them on international law.

Introducing, LSAT in India

Mon, 07 Dec 2009 16:54:02 IST

Are the CLAT and the LSAT on a collision course in India? With the release of the CLAT dates for 2010, Bar & Bench takes a look at what the LSAT has to offer in India, and the future of both entrance tests. Is LSAT the next big thing? Will the CLAT now yield to the international, standardized law school entrance test, the LSAT? Shruti Nishtala finds out...

HC lawyer files suit against 'Paa' for poking fun at disabled people

Mon, 07 Dec 2009 16:16:53 IST

Patna based lawyer, Shruti Singh, has filed a case in the Court of the Chief Judicial Magistrate, Patna, accusing actor Amitabh Bachchan and director R. Balakrishna of "poking fun at disabled people" through the movie, 'Paa'.

Singh feels that the Amitabh's portrayal of a 13 year old suffering from progeria, a disease that accelerates aging in a humorous yet compassionate manner might be violative of Persons with Disabilities Act, and therefore sought a probe.

Singh feels that the movie works against the Act's objective of eliminating discrimination of disabled people and ensuring their equal participation in society. However, reports seem to indicate a lack of clarity on Singh's part. She has asked the court to decide whether the movie is violative of the Act, and in the event that it is found to be so, to take "appropriate action" against the movie's producers and actors for making a joke out of disabled people.

"With so many pending cases in the trial and high courts, litigation like this is frivolous and unnecessary. People should think things through before filing cases based on personal bias," opined another advocate in the Patna High Court who did not wish to be named.

Government says no to Dinakaran's elevation; SC collegium continues to contemplate

Mon, 07 Dec 2009 16:14:57 IST

After weeks of painful silence on the part of both the Government and the Supreme Court, the Government has finally chosen to reject the proposal to elevate Justice P.D. Dinakaran to the Supreme Court. Sources in the Supreme Court, however, inform Bar & Bench that the collegium might reject the Government's report and proceed with Dinakaran's elevation to the Supreme Court.

CCI on a recruitment drive: To hire more than 60 lawyers on an ad hoc basis

Mon, 07 Dec 2009 14:23:02 IST

Competition Commission of India (CCI) is on a recruitment drive to fill up nearly 200 posts in the Commission. 146 posts will be professionals in the field of law, economics and finance, of which 40 percent will be lawyers.

CLAT-2010 to take place on May 9

Mon, 07 Dec 2009 13:52:20 IST

The Common Law Admission Test (CLAT) for admission to the LLB and LLM programs and will be held on May 9, 2010, from 10.00 am to 12.00 pm. The application forms will be issued from January 11 onwards, and the last date for the submission of completed forms is April 2.

REC brings Luthra on board for FPO, Amarchand and Ashurst advise underwriters

Fri, 04 Dec 2009 18:48:36 IST

The Rural Electrification Corporation Limited (REC), a listed Public Sector Enterprise (PSE), today filed a draft Red Herring Prospectus (DRHP) with the SEBI, National Stock Exchange of India Ltd. (NSE) and Bombay Stock Exchange Ltd. (BSE) in connection with its Follow-on Public Offer (FPO). REC is offering equity shares constituting 20 percent of the existing paid-up capital. REC plans to raise Rs 3,200 crore ($694 million) through this issue.

Luthra & Luthra Delhi advised REC on this FPO. Amarchand Mangaldas, Delhi, previously acted as domestic legal counsel to REC's issue in 2007, while Ashurst, London acted as the international counsel for the IPO. This time around, Luthra has been brought on board to advise the company, while Amarchand and Ashurst are acting for the underwriters as domestic and international counsel respectively.

Delhi Partner Madhurima Mukherjee led the Luthra team, consisting of Senior Associates Jitesh Shahani and Sudeshna Chatterjee with Associates Kaushik Laik and Raghvendra Singh.

Real Estate Sector on overdrive: AZB, ALMT, Dhir & Dhir and Amarchand in top gear

Fri, 04 Dec 2009 18:42:36 IST

The realty sector saw a partial recovery after the lackluster performance of 2008, with improved market liquidity and lower interest rates in the beginning of 2009, and now, towards the end of the year, real estate appears to be back on a boom. The slowdown, however, taught developers many valuable lessons.

Law firms are benefitting from the revival. AZB recently advised CapitaRetail on its investment in Francolin (advised by Dhir & Dhir). AZB was also involved in HDFC Real Estate Fund's investment in Siddhartha Resorts and Foods (advised by ALMT Legal). Udwadia & Udeshi, Amarchand and Jones Day are advising on Nitesh Estates' proposed IPO.

Disclosure Debate: Apex Court stays CIC directive

Fri, 04 Dec 2009 14:46:32 IST

The Supreme Court has stayed the implementation of the Chief Information Commissioner's (CIC) directive asking it to divulge details relating to the appointment of judges as well as the correspondence between the Chief Justice of India and Justice R. Regupathy of the Madras High Court on the alleged interference of a Union minister in a sub judice matter.

A Bench comprising Justices B Sudershan Reddy and Deepak Verma has sought reply within three weeks and granted another two weeks for filing of rejoinder.

The Attorney General G E Vahanvati, along with Advocate Devadatt Kamat, had sought a stay on the CIC's direction, saying the matter involved several important questions of law which required urgent hearing. Advocate Prashant Bhushan, appearing for RTI applicant S.C. Agarwal, was present in the court when the matter came up, a PTI report stated.

Interestingly, the two appeals have been filed by the Supreme Court directly to itself rather than to the Delhi High Court, contrary to well established precedence.

NTPC is committing suicide - Jethmalani; Cancel RIL-NTPC contract - Rohatgi

Fri, 04 Dec 2009 13:50:39 IST

Ram Jethmalani strongly feels that the Government's affidavit compromised NTPC's rights in their battle with RIL in the Bombay High Court. Senior Counsel Mukul Rohatgi commenced his arguments on the note that since RIL failed to sign a bankable agreement for the Dadri Power Project, RNRL's shareholders would lose. Contesting RIL's arguments, Rohatgi said RIL would not make any loss by selling gas to RNRL at $2.34, which is less than the government-fixed price of $4.2. "Loss means loss of profit of Rs. 25,000 crore, but not loss of the project," he said, relying on RIL's documents.

Law Faculty Colombo wins NLSIU debate after serendipitous allotment of topic

Fri, 04 Dec 2009 12:15:39 IST

The team from the Faculty of Law, Colombo has won the prestigious National Law School Parliamentary Debate. The 3-member team from Sri Lanka trounced opposing finalists R.V. College of Engineering, Bangalore, winning by an 8-1 margin. Serendipitously, the topic for the finals was "Should the generals of the Sri Lankan Army be tried for war crimes", with the Sri Lankan team arguing for the ayes.

Pushing for copyright reform - BookBole

Thu, 03 Dec 2009 21:23:39 IST

On the ocassion of World Disability Day, Bar & Bench looks at BookBolé, a platform enabling print disabled readers from across the world to connect and share accessible content. An initiative launched by Inclusive Planet and the Centre for Internet and Society, the website has reached out to 15,000 people across 72 countries in 34 languages since its inception two months ago.

Inclusive Planet is the brainchild of Rahul Cherian and Sachin Malhan, alumni of the National Law School of India University, and Reuben Jacob, the Kochi-based founder of an incubation technology company. The group, in conjunction with other disability organizations, is working on amending the Copyright Act to make it more disabled-friendly.

Little Mangaldases

Thu, 03 Dec 2009 19:22:56 IST

Amarchand Mangaldas, Delhi, today announced that it would be opening a crèche on the ground floor of its Okhla office. The firm stated that the crèche is "an initiative to support and celebrate all its women lawyers, who have helped script the firm's success story, for over two decades now."

Amarchand's announcement has sparked a debate on resource management in law firms, especially since, both in United States and in India, law firms are not generally recognized as family-friendly work environments.

Football fever grips NLU Jodhpur

Thu, 03 Dec 2009 13:25:42 IST

Students of National Law University, Jodhpur take their football seriously. The college has its own football league called 'Lex la Liga'. Run by a University Football Association which goes by the name, 'Asociación De Fútbol De La Universidad', the league commences in January. The association has conducted a professional bidding process to purchase the rights to own a team and the members of the team.

Why the Courts have not been a friend to Bhopal

Thu, 03 Dec 2009 13:24:41 IST

The courts have not been a friend to Bhopal. Warren Anderson is still living a life of luxury in the Hamptons, and the Sahu v. Union Carbide case is still wending its slow way through the Second Circuit Court at New York. Twenty five years later, the victims still wait, and watch, and hope, driven by a belief in justice and the rule of law that one can only hope will be fulfilled.

Khaitan boosts competition law practice with J.Sagar hire

Thu, 03 Dec 2009 12:12:21 IST

Manas Kumar Chaudhuri has joined Khaitan & Co. to head their Competition law and practice arm at the Delhi office. Before heading the Competition Law & Policy at J Sagar, Chaudhuri, served as a Civil Judge in West Bengal, Joint Director of the Monopolies and Restrictive Trade Practices Commission and Additional Registrar of the Competition Commission of India.

Luthra assists Beijing West in India-operations

Thu, 03 Dec 2009 11:32:32 IST

Beijing West Heavy Industries, a Chinese investment group led by the Shougang Group, a State-owned entity, acquired the brake and suspension manufacturing units of the bankrupt US auto parts manufacturer, Delphi Corp for $100 million (Rs. 463 crores). Delphi operates five manufacturing units in India through a wholly owned subsidiary, Delphi Automotive Systems Limited.

Luthra and Luthra, Delhi assisted Beijing West in completing the takeover of the Indian arm of Delphi. The firm assisted Beijing West on structuring and legal issues related to the acquisition of India assets of Delphi by Beijing West, negotiating local transfer and customer contracts, setting up the Indian subsidiary of BWI Group and obtaining all business licenses and permits.

The team at Luthra was led by Partners Sanjeev Sachdeva and S.R. Patnaik, assisted by Managing Associates J.P Singh, Pranjal Bora and Suyash Srivastava and Associates Anshul Jain, Vinay Ahuja and Vivek Agarwal.

Union Carbide's War: Bhopal and Beyond

Wed, 02 Dec 2009 22:40:09 IST

In 1989, the Supreme Court permitted Union Carbide Corporation (UCC) to settle its civil and criminal liabilities for the sum of $470 million - an amount which critics attacked as negligible in the context of the disaster. In 1991, the Supreme Court directed UCC to finance a fully equipped hospital for the survivors of Bhopal and UCC proceeded to form the Bhopal Hospital Trust on February 20, 1992. Subsequently, in 1994, the Court allowed UCC to divest its shareholdings in its Indian subsidiary - thereby formally ending UCC's involvement in Bhopal. This familiar narrative often obscures Union Carbide's own, ultimately unsuccessful, struggle to survive following the disaster. This feature traces Union Carbide's path in the markets until its ultimate merger with Dow Chemicals in 2001.

Copyright Act to be amended to benefit disabled sector

Wed, 02 Dec 2009 16:55:08 IST

The Government of India is contemplating an amendment to the Copyright Act to benefit persons with disability. Currently, the Copyright Act restricts conversion of copyrighted works into formats accessible by persons with disability and the procedure for obtaining permission from individual right holders for such conversion is cumbersome, lengthy and expensive. In November, a group of individuals representing the visually impaired sector met Union Minister for Human Resource Development, Kapil Sibal and proposed an amendment to exempt formats friendly to the disabled. G.R. Raghavender, Registrar of Copyright, told Bar & Bench that the changes have been incorporated into the amendment to the Act.

J. Sagar branches out into direct tax, hires Partner from AZB

Wed, 02 Dec 2009 15:27:52 IST

J.Sagar Associates has hired a Partner for its direct tax practice in Gurgaon. Sunil Jain [pictured], formerly a Senior Associate with AZB & Partners in Delhi, joined J.Sagar yesterday to start up the firm's direct tax practice. J.Sagar has already established a presence in the indirect tax arena with the hire of Khaitan Partner Ashok Dhingra and his team earlier this year.

Bombay businessman files PIL demanding suspension of 26/11 police commissioners

Wed, 02 Dec 2009 15:16:19 IST

Bombay businessman Goldie Purushottam Sud has filed a Public Interest Litigation in the Bombay High Court based on media reports of former Commissioner of Police (CP), Hassan Gafoor's [pictured] statements on the delay in police response during the 26/11 attacks.

The petition, signed by about 50 people, may come up for hearing later this week. Goldie Sud, speaking to Bar & Bench, said that he would be appearing in person at the High Court for the hearing of the PIL.

'Fraud', 'Daylight Robbery'- Ram Jethmalani on RIL

Wed, 02 Dec 2009 08:44:59 IST

Reliance Natural Resources Limited counsel Ram Jethmalani continued his arguments yesterday despite the absence of Reliance Industries' counsel, Harish Salve.

Today he accused RIL of 'fraud' after having relied upon a complex formula to enhance its rate. Describing the formula as 'daylight robbery', he said that pricing was not a matter in the dispute as they had agreed to supply at $2.34 per unit.

Referring to the National Thermal Power Corporation dispute, now pending before the Bombay High Court he said that RIL had invited global tender at the rate of $3.18 per unit but now had fixed the price at $4.20. He argued that one cannot "create a policy on a retrospective basis". Venting his ire at the Empowered Group of Ministers, he said that their meeting for the valuation of gas did not contemplate the contract between RIL and RNRL or the contract between RIL and the NTPC.

Solicitor General Gopal Subramaniam, is filing an affidavit on the stand of the Government in the NTPC matter today.

Disclosure debate: Supreme Court to decide its own fate

Wed, 02 Dec 2009 00:11:50 IST

Two appeals have been filed by the Supreme Court to itself challenging the orders of the Chief Information Commissioner (CIC). Responding to a complaint filed before the Central Information Commission by RTI activist Subhash Chandra Agarwal, the Commissioner had directed the Supreme Court to divulge details relating to appointment of judges as well as the correspondence between the Chief Justice of India and Justice R. Regupathy of the Madras High Court on the alleged interference of a Union minister in a sub judice matter.

AZB works with Amarchand and Clifford Chance to launch Prestige Estates IPO

Tue, 01 Dec 2009 19:54:11 IST

The Bangalore offices of AZB & Partners acted as the domestic legal counsel to Bangalore-based real estate developers Prestige Estates Projects Limited, who filed their draft red herring prospectus (DRHP) with the SEBI yesterday. The AZB team was led by Bangalore Partner Srinath Dasari. Prestige Estates is planning to raise Rs. 1,200 crores ($258 million) through the IPO. The company is also planning to raise Rs. 200 crores ($43 million) through a pre-IPO placement slated to begin a week after the DRHP filing.

The funds raised through the issue will be utilized to finance ongoing and future projects and invest in subsidiaries. The company's in-house legal and compliance issues were handled by T. Arvind Pai, the Senior Vice President (Legal) and Lalitha Kini, the Company Secretary and Compliance Officer.

The Bangalore offices of Amarchand Mangaldas acted as the domestic legal counsels to the Book Running Lead Managers (BRLMs), while Clifford Chance, Singapore acted as the international legal advisors.

The DRHP also lists the local firms who have provided expert legal opinions on title of land, the customary practice for real estate transactions. The local counsels include Dua Associates in Hyderabad and Kusuma R. Muniraju in Bangalore.

High Courts- Elevations, Transfers cleared

Tue, 01 Dec 2009 18:40:34 IST

With the elevation of two new judges to the Supreme Court, the High Courts are seeing a lot of reshuffling, elevations and transfers amongst the judges. Justice S.J. Mukhopadhaya has assumed charge as the Chief Justice of the Gujarat High Court. Justice Mukhopadhaya has previously presided over the High Courts at Patna, Jharkhand and Madras.

Justice Kurian Joseph, previously the Acting Chief Justice of the Kerala High Court, has been appointed as the Chief Justice of the High Court of Himachal Pradesh. He was appointed as a judge of the Kerala High Court in 2000.

Justice Dipak Misra is moving from the High Court of Madhya Pradesh, where he has been serving as a permanent judge since 1997, to assume charge as the Chief Justice of the Patna High Court. Justice Mohit S. Shah is being transferred from the Gujarat High Court and elevated to the post of Chief Justice of the Calcutta High Court, relieving Acting Chief Justice B. Bhattacharya. Chief Justice Anil Ramesh Dave of the Andhra Pradesh High Court will now preside over the Bombay High Court after Chief Justice Swatanter Kumar was elevated to the Supreme Court.

Vijay Goel wins Asian Leadership in Europe Award

Tue, 01 Dec 2009 18:35:42 IST

Vijay Goel, Partner at Singhania & Co's London offices, was honoured at the Asian Leadership Awards in London yesterday. Goel received the 'Asian Leadership in Europe' Award for his "significant role in promoting Indo-European business relations". Goel was also recently the recipient of the National Law Day awards hosted by the Indian Council of Jurists.

Goel, who has been with Singhania & Co for over ten years, is a special advisor to the Commonwealth Business Council. He is the founder of the Indo-European Business Forum, and the General Secretary of UK Chapter of the International Council of Jurists. His contribution to Indo-UK business relations has been long recognized. In 2006, he won a 'Glory of India' award for his work in promoting investment between India and the UK.

Other awardees at the Asian Leadership awards yesterday included entrepreneurs Maneck Dalal and Surinder Mongia, chartered accountant and E&Y tax partner Nina Amin, pharmaceutical CEO Ravi Gidar, financial commentator and author, Alpesh B Patel and philanthropist Indy Aujla.

Supreme Court to get two new judges

Tue, 01 Dec 2009 15:10:50 IST

The Supreme Court collegium has recommended the names of Justice Swatanter Kumar [pictured], Chief Justice of the Bombay High Court and Justice Chandramauli Kumar Prasad of the Allahabad High Court for elevation to the Supreme Court.

The collegium, with Chief Justice K.G. Balakrishnan at the helm, approved the names in a meeting held last week.

Born December 31, 1947, Justice Kumar enrolled as an advocate with the Delhi Bar Council in 1971. He served as an Additional Judge of the Delhi High Court and was appointed a permanent judge in the Punjab & Haryana High Court in 1995. In 2004, he was transferred to Delhi and subsequently appointed as Chief Justice of Bombay High Court in early 2007.

Justice Prasad was born on 15 July, 1949 and enrolled as an advocate in 1973, practicing in the Patna High Court. He was elevated as a permanent judge of the Patna High Court in 1994, but was transferred almost immediately to the Madhya Pradesh High Court. He was transferred back to the Patna High Court in 2001, where he briefly assumed charge as the Acting Chief Justice in May 2008, and again in December 2008. He was elevated to the post of Chief Justice of the Allahabad High Court in March 2009.

Once the appointment of the two judges is complete, the Supreme Court will be 28 Judges strong. However, the Court is still missing a female judge, since Justice Ruma Pal's retirement in 2006.

A 'Delay' of Sorts

Tue, 01 Dec 2009 14:04:25 IST

The judicial instruments that are intended to effectuate relief for the poor are now being used against them. The Supreme Court appears to be showing a class bias by giving priority to cases involving rich entrepreneurs and billion dollar secret MoUs. This is not the light in which our judicial system ought to be perceived, and to change this perception surely requires a structural change in the manner in which the system is functioning, writes Aditya Swarup, questioning the fast track proceedings in the Reliance dispute.

Legislation spree: UPA govt to moot bills for judges, corporate disputes, foreign universities and HIV/AIDS patients

Tue, 01 Dec 2009 13:55:34 IST

The winter and budget sessions of Parliament may prove to be busy, if the UPA government lives up to its promises. HRD Minister Kapil Sibal said yesterday that the government would strive for a consensus on the Foreign Education Providers Bill so that it may be introduced in the ongoing session of Parliament. Law Minister Veerappa Moily has announced that the Judges Standard and Accountability Bill and the Commercial Division of High Courts Bill, 2009 will be tabled in Parliament soon.

Oscar Fernandes, Chairman of the Parliamentary Forum for HIV and AIDS, has promised to expedite consultation work on the long-pending HIV/AIDS Bill, and introduce it in the next session of Parliament.

Closing a chapter of history: Holocaust remnant John Demjanjuk stands trial for war crimes

Tue, 01 Dec 2009 08:37:26 IST

In what is being billed as the last big Nazi war crimes trial, John Demjanjuk was brought before a German court in Munich on Monday. Born Ivan Mykolayovych Demyanyuk, the 89-year old autoworker from Ohio is being accused of the murder of 27,900 Jews at Sobibor, a Nazi extermination camp in occupied Poland.

Kazmi ousted as Kasab's lawyer in 26/11 trial, replaced by Pawar

Tue, 01 Dec 2009 00:43:47 IST

Abbas Kazmi [pictured], the counsel defending Pakistani gunman Ajmal Kasab, was on Monday replaced by his assistant K.P. Pawar, on the orders of Special Judge M.L. Tahaliyani, who is presiding over the special court established to try the accused in the 26/11 in the terrorist attacks. K.P. Pawar is from the State Legal Aid Cell, and has been assisting in the trial from the beginning. Special Prosecutor Nikam told the media that the change in lawyers was not likely to delay proceedings.

QIP route proves lucrative for Amarchand Mangaldas; closes Hindalco, Pantaloon Retail and Adhunik Metaliks QIPs

Tue, 01 Dec 2009 00:36:03 IST

Qualified Institution Placements (QIPs) continue to be the favoured mode of fund-raising for India Inc this year. Amarchand Mangaldas, in particular, appears to have benefitted from this trend, closing three QIPS within the last two weeks alone. Amarchand Mangaldas' Bombay offices closed the $600 million (Approx. Rs. 2,800 crores) QIP for Hindalco Industries, as well as Pantaloon Retail's Rs. 500 crore ($107 million) QIP. The Kolkata and Delhi offices of Amarchand Mangaldas jointly advised the Rs. 137 crore ($29 million) QIP issue by Kolkata-based steel products manufacturer Adhunik Metaliks.

Majmudar and Wockhardt over the first roadblock: JurisCorp helps DBS reach settlement

Tue, 01 Dec 2009 00:10:05 IST

Debt-ridden Wockhardt Hospitals today reached a settlement with Development Bank of Singapore. DBS, represented by JurisCorp, had filed a winding-up petition against Wockhardt in the Bombay High Court last month. DBS's petition is the first of several winding up petitions that have been filed with the Bombay High Court by Wockhardt's aggrieved creditors. Barclays Capital and Calyon, also represented by JurisCorp, as well as FCCB holder Bank of New York Mellon Corporate Trustee Services (BNY), advised by DSK Legal, have all filed separate petitions in the Bombay High Court seeking to liquidate the company, which has engaged Majmudar & Co. to brief its High Court counsels.

Justice J.S. Khehar is Uttarakhand's new CJ

Mon, 30 Nov 2009 13:40:37 IST

Former acting Chief Justice of the Punjab and Haryana High Court, Justice Jagdish Singh Khehar, took oath yesterday as the new Uttarakhand Chief Justice, after Justice V.K. Gupta retired in September this year.

Born on August 28, 1952, Justice Khehar graduated in science from Government College, Chandigarh in 1974 and pursued law in Punjab University, later also obtaining an LLM qualification.

Designated as a Senior Counsel in 1995, he was appointed as a judge of the Punjab and Haryana High Court at Chandigarh in 1999. He delivered several significant judgments, most notably the recent full bench decision on the importance of unshorn hair for the Sikhs. The judgment, delivered in May 2009, upheld the hardline stand taken by the Shiromani Gurudwara Prabandhak Committee barring a young Sikh girl's admission to a minority institution on the grounds that she had violated fundamental tenets of Sikhism by plucking her eyebrows.

Judges in trouble: Justices Dinakaran and Soumitra Sen; Moily moots anti-corruption bill

Mon, 30 Nov 2009 13:34:56 IST

Senior Counsel and Jurist Fali Nariman [pictured] led the Bar Association of India in appealing to the collegium of the Supreme Court against elevating Justice Dinakaran to the Supreme Court. Former Justice Soumitra Sen's impeachment, which was recommended by the Chief Justice of India, and is now pending in the Rajya Sabha, will be delayed as the enquiry panel is one short of the quorum.

In an attempt to bring legislative authority on the issue of corruption and transparency, the Union Minister for Law in a parliamentary session confirmed that a 'Judges Standard and Accountability Bill' will be introduced in the Parliament.

Justice Deshmukh assumes charge as CLB Chairman

Sat, 28 Nov 2009 11:26:36 IST

Justice Dilip Rao Sahib Deshmukh yesterday assumed charge as the new Chairman of the Company Law Board. He starts his term at a difficult time, especially after the Vasudevan incident. Right now the credentials of the CLB is under intense media and public glare. The CLB currently has three members, including the newly-appointed Chairman.

BPCL sell 24% equity to Oman Oil; Luthra, J.Sagar, Linklaters advise

Sat, 28 Nov 2009 11:07:54 IST

Luthra's Delhi office has advised BPCL on the sale of 24 percent of its equity holding in the Bina Refinery to Oman Oil Company. The Rs. 11,397 crore ($ 2.4 Billion) project was a joint venture between Oman Oil and BPCL. Linklaters' London and J. Sagar Associates were the international and domestic legal counsel respectively, for Oman Oil.

Courtroom Drama - Salve, Jethmalani, Parasaran squabble

Fri, 27 Nov 2009 15:54:31 IST

After Jethmalani produced letters written by National Thermal Power Corporation (NTPC) to the Union Government, which incriminated Reliance Industries' contentions in the Supreme Court, he seems to have successfully put RIL and the Government on the defence.

He also sought certain documents from the Ministry of Power and the cross examination of the Union Minister for Petroleum and the ministry in addition to the right to inspection and discovery under the Evidence Act.

Jethmalani wants to establish the absence of a clause on gas pricing to be supplied from the KG Basin to Reliance Natural Resources Limited. He also sought the minutes of the meeting of the Empowered Group of Ministers where the Ministry of Power had made a presentation on gas pricing.

Salve's protests saying that the documents were stolen from the ministry were effectively responded to when Jethmalani retorted, "stolen evidence is admissible in law". Jethmalani's demands triggered abrasive responses from RIL counsel Harish Salve and Additional Solicitor General, Mohan Parasaran, starting a mud-slinging contest.

The matter is scheduled for hearing on December 1.

Reform mode in Delhi High Court

Fri, 27 Nov 2009 15:41:37 IST

Interactive touch screens for Judges, swanky LCD monitors in the court hall, cases filed online and biometrics for verifying authenticity. These are soon to be implemented if Justice B.D. Ahmed's proposal comes through. To be initially implemented as a pilot project, India's first 'E-Court' will be inaugurated on December 8. The entire process, end to end including filings and the judgment, will be in a digitized format.

Khaitan, Menon connect Mindtree to Kyocera

Fri, 27 Nov 2009 14:57:44 IST

Bangalore based Mindtree Limited acquired Kyocera Wireless, in a deal worth more than $6 Million (Rs. 28 Crore). Kyocera provides engineering services of software and hardware products pertaining to mobile phone handsets and base stations, handset industrial design services and information technology services primarily to Kyocera group companies worldwide.

Representing Kyocera, Rajiv Khaitan, the Bangalore Partner for Khaitan & Co., told Bar & Bench, "The unique feature of transaction was that Kyocera India continues to remain as the service provider for Kyocera Japan, despite the takeover by Mindtree."

Mindtree was represented by a team from Bangalore based Menon Associates comprising Partner Satish Menon and Lakshmi Rajesh.

A Different Taste

Thu, 26 Nov 2009 18:14:37 IST

What would a City lawyer and a Rhodes Scholar do if they didn't want to practice law? NLSIU alumni, Mathew Chandy and Sameer Singh decided the answer was to open up Mooli's, an 'on-the-go' Indian roll joint in Soho, London. Gambler, entrepreneur and rebel, Sameer Singh converses with Bar & Bench on the Moolis story, his aspirations and reasons for forging a different path.

Not Just Numbers: View from the west

Thu, 26 Nov 2009 17:43:15 IST

Lexpert looks at numbers and stories. The 9/11 attacks in the US and the 26/11 attacks in India. He believes that restoring order in Mumbai is the sincerest tribute we could pay to the dead. And zero is his favorite number. Zero attacks, zero victims, zero-tolerance for terrorism.

Police modernization PIL; SILF President unhappy with progress

Thu, 26 Nov 2009 17:09:04 IST

The PIL filed by the Society of Indian Law Firms (SILF) seeks modernization of the police force and implementation of certain security standards. The PIL specifically traces the history of the Mumbai attacks , the death toll and also makes suggestions to secure our country from external attacks. Bar & Bench spoke to Lalit Bhasin, the President of SILF, about the PIL.

M&A Buyers: Look Before You Leap

Thu, 26 Nov 2009 16:37:34 IST

Like Reliance, other Indian companies are undoubtedly hunting for bargains and many international opportunities exist for them to expand their operations. Compared to US and European companies, many have been stockpiling cash for years and are well-capitalized. However, Shubi Arora feels that when it comes to diligence, documentation and integration, foreign buyers in particular must exercise caution and be wary of issues that are unique to cross-border deals.

Cross border tax litigation to be made simpler

Thu, 26 Nov 2009 12:23:23 IST

In a bid to grow investor friendly, the Government of India is now planning constituting panels comprising senior income tax officials for a quick resolution of cross border taxation disputes.

Anand Suryadutt Bhatt: In Memoriam

Thu, 26 Nov 2009 11:39:15 IST

A year after the 26/11 terrorist attacks on Mumbai, the memory of Anand Suryadutt Bhatt remains fresh in the minds of the legal community. Anand Bhatt, a Senior Partner at Wadia Ghandy, was killed in the terrorist attack in the Oberoi, just short of his 60^thbirthday. Bar & Bench pays tribute to one of the finest lawyers India has ever seen.

AZB and Billion Dollar deals: Zia Mody reported to be advising RIL on LyondellBasell deal

Wed, 25 Nov 2009 20:25:44 IST

AZB & Partners appears to be the firm to go to for cross-border acquisitions. AZB's climb to the top of the billion-dollar ladder began with the Tata-Corus acquisition in 2006. Now AZB appears to have bagged the latest billion dollar deal making headlines in the country. Reliance, a long-standing client of AZB, has entered the race to acquire the assets of the bankrupt petrochemicals company, LyondellBasell. Sources indicate that Managing Partner Zia Mody may be advising the Mukesh Ambani-controlled Reliance Industries on this transaction.

Company Law Board's Vasudevan arrested on corruption charges

Wed, 25 Nov 2009 09:01:26 IST

The Central Bureau of Investigation (CBI) has arrested the acting chairman of the Company Law Board, R. Vasudevan for allegedly taking a bribe of Rs. 7 lakh ($15,000) from Manoj Banthia, a company secretary to award a favourable ruling in a matter being heard by him. Vasudevan was heading the Directorate of Inspection and Investigation (DII) wing of the Ministry of Corporate Affairs and was looking into the violations of the Companies Act in the Satyam scam.

Anil turns up in court; Jethmalani continues

Tue, 24 Nov 2009 22:32:44 IST

The drama in the Reliance Industries Limited-Reliance Natural Resources Limited dispute was heightened with the presence of Anil Ambani [pictured] in the Supreme Court.

After conveying to the media that his presence reflected his deepest regard for the judiciary, he added, "I have come here today not just on my own behalf but on behalf of nearly 11 million shareholders of the Reliance ADAG - the largest shareholding family in the world, whose interests will be directly affected by the outcome of this case." Forbes India ranked Anil Ambani as the third richest man in India after brother Mukesh Ambani and steel magnate Lakshmi Nivas Mittal.

Senior Counsel Ram Jethmalani, continuing his arguments on behalf of RNRL, argued that there was no ambiguity in the agreed price, tenure and quantity of natural gas to be supplied by RIL. "The only issue in the case is the absence of a bankable agreement," he added.

After relying upon various documentation, Jethmalani demanded that RIL director, P. Ganguly, be prosecuted for filing a wrong affidavit denying the knowledge of the family pact.

Arbitration Centre opens tomorrow

Tue, 24 Nov 2009 15:14:21 IST

Tomorrow, a center of arbitration on the lines of the London Council of International Arbitration and the Singapore International Arbitration Centre will be inaugurated in the Delhi High Court. The brainchild of the Chief Justice of the High Court of Delhi, Justice A.P. Shah, the objective of the center is to bring transparency and reliability to fore.

Title Insurance - An immediate need

Mon, 23 Nov 2009 18:43:39 IST

Rajesh Narain Gupta [left] and Munish Upadhyay [right] look at the need of Title Insurance in India. They feel that the need today, is for a 'one stop shop' that provides a title verification report, together with a 'Title Insurance' i.e., if the title of the property to be purchased or mortgaged is found to be bad, the insurance company will be required to reimburse the buyer or mortgagee, as the case may be.

Strike turns violent at Rajasthan High Court

Mon, 23 Nov 2009 18:13:49 IST

The Rajasthan Bar Association, on Friday, followed the footsteps of the Karnataka Bar Association when they went on a rampage when the High Court of Rajasthan continued hearing matters despite the association having called for a strike.

Amit Yadav, a Rajasthan based advocate had cited police atrocities as reasons for his suicide. The peaceful strike, originally to demand action on the police, of over 500 lawyers turned violent outside the court of the Chief Justice, blocking lawyers and litigants from entering. The visibly upset Bench, comprising Chief Justice Jagadish Bhalla and Justice M.N. Bhandari told newly re-elected president of the Association, Madhav Mitra that the Bench was not taken into confidence about the strike.

Police escorted advocate Aruneshwar Gupta who was appearing in court when the picketing commenced, from the court at the behest of the Bench. Abhinav Sharma, appearing in the Justice N.N. Mathur Commission matter, was forcibly dragged out of the court by the lawyers. Later, the same mob ransacked his chambers.

The Bar Association is now contemplating expelling Abhinav Sharma and Aruneshwar Gupta from the membership of the High Court Bar Association. A police probe has been ordered into the incident.

Kingfisher - CCI dispute heats up - ELP and AG for CCI; Bachubhai for Kingfisher

Mon, 23 Nov 2009 17:46:52 IST

Mumbai based Bachubhai Munim and the Mumbai office of Economic Laws Practice (ELP) will be arguing on the jurisdiction of Competition Commission of India (CCI) before the Bombay High Court. Vijay Mallya-owned Kingfisher Airlines has moved the Bombay High Court challenging CCI's investigation into the code sharing agreement between Jet Airways and Kingfisher Airlines.

IPO team retained for KSK Energy QIP

Mon, 23 Nov 2009 14:51:52 IST

Khaitan advised Lehman-backed KSK Energy in its recently-concluded Qualified Institutional Placement (QIP). Incidentally, this is the first issue Khaitan has advised from its new office at One Indiabulls Centre. KSK Energy has raised approximately Rs. 515 crores ($110.5 million) through the QIP.

S&R Associates, led by Capital Markets Partner Sandeep Bhagat, were the domestic legal counsels to the underwriters, while the Singapore offices of Jones Day acted as the foreign legal counsels.

The firms, in the same order, had advised the KSK Energy IPO last year.

The in-house team at KSK Energy consisted of Kishore Bharani and Narendra Mehra.

The Maverick

Mon, 23 Nov 2009 14:38:34 IST

Ram Jethmalani may never be invited to speak at a conference again. The former Union Minister for Law, who appears to enjoy courting controversy, created a furore yet again at the International Conference of Jurists on 'International Terrorism and Rule of Law'. Speaking at the conference, he expressed contempt for "a certain Mr. Wahab from Saudi" who, according to him spawned Islamic terrorism, to fight the decline of Islam. His remarks caused grave offence to the Saudi Ambassador to India, Faisal-al-Trad, who walked out of the conference, organised as part of the National Law Day Awards.

Amarchand to advise the Delhi Government on Unique Property ID legislation

Mon, 23 Nov 2009 12:53:02 IST

Delhi, following in Rajasthan's footsteps, is planning to create a foolproof property titling system to prevent fraudulent property transactions. Jatin Aneja [pictured], Partner at Amarchand Mangaldas, Delhi, is leading the team that is advising the Delhi Government and the World Bank on drafting the Delhi Survey, Registration and Recordal of Title of Immovable Properties in Urban Areas Bill, 2009 (Bill).

National Law Day Awards - Former SC Judge, Senior Counsels, Law Firm Partners among recipients

Sat, 21 Nov 2009 01:44:55 IST

The Indian Council of Jurists has selected former Supreme Court judge, Justice Arijit Pasayat, Solicitor General, Gopal Subramaniam, Managing Partner of Amarchand Mangldas, Shardul Shroff, London Partner of Singhania & Co., Vijay Goel, London Partner of Fox Mandal Ajit Mishra [pictured, from left to right], Senior Counsel, KV Vishwanathan and Criminal Lawyer Ramesh Gupta along with Haryana Chief Minister B.S. Hooda for the National Law Day awards, 2009.

Strawberry Fields Forever - NLSIU's rock fest starts

Sat, 21 Nov 2009 00:52:12 IST

The 13^th edition of India's best rock festival-competition kicked off on Friday with over 50 bands in the fray. Rated as India's best rock festival by the Rock Street Journal, Strawberry Fields was initiated to patronize original and talented bands in India. Bands such as Pin Drop Violence, Thermal and a Quarter, Motherjane, Junkyard Groove and Bhayanak Maut, made their mark at Strawberry Fields and went on to record albums.

ASGs Parasaran and Tankha on Gas Policy; Jethmalani objects Govt involvement; Salve fumes on Twitter

Fri, 20 Nov 2009 19:29:10 IST

Additional Solicitor General Mohan Parasaran on Wednesday asserted in the Supreme Court that any arrangement between the Ambani brothers for the supply of gas from the K G Basin has to be approved by it in national interest.

Additional Solicitor General Vivek Tankha added, "The MoU is a family arrangement while the Production Sharing Agreement is an arrangement for the country and the people's right has to be protected". The Bench however, remained unimpressed with the submissions and had Tankha yielding to their observation that his submissions were not a part of the record in the Bombay High Court.

Senior Counsel Ram Jethmalani, opening his arguments on RNRL's behalf stated that he was dissatisfied with any arrangement that involved the government. His proposal to implead the board of directors who had filed their affidavits was shot down with the Bench directing him to raise his objections via a counter-affidavit.

Meanwhile, a disgruntled Harish Salve [pictured] updated his status message on the social networking site 'Twitter' to: "Cant believe that judges of the supreme court have the kind of patience it takes to hear the Gas case the way it is being heard."

Kochhar & Co moves to a larger space in Delhi and Chennai

Fri, 20 Nov 2009 15:09:14 IST

After Vaish, Khaitan, Trilegal, Poovayya and Talwar Thakore, Kochhar joins the league of top law firms who are shifting offices to better real estate. The Greater Kailash II office will move to a nearby yet plush office space in Tower A of DLF Jasola [artist's impression pictured] in South Delhi and the Chennai office is moving to a larger space in the same Raheja Towers building.

Wadia Ghandy to defend Kurbaan: Movie releases today on schedule

Fri, 20 Nov 2009 12:37:53 IST

Wadia Ghandy's Mumbai office is representing Karan Johar, the producer of the movie 'Kurbaan' to defend petitions that have been filed before the Bombay High Court demanding a stay on the release of the movie amongst other reliefs. However, the matter did not reach, the movie releases today on schedule. The father-son duo of Rahul Dwarkadas and Janak Dwarkadas are representing Karan Johar.

Asher leads Bayley team in Aqua Logistics IPO

Fri, 20 Nov 2009 08:31:28 IST

Aqua Logistics, a third-party logistics service provider delivering end-to-end solutions in the logistics and supply chain domain has filed a draft offer document with the SEBI.

Advising the issue was Sanjay Asher's team from Crawford Bayley's Mumbai office. Aqua Logistics had in September this year filed a draft offer document as well, but had withdrawn it. Crawford Bayley had advised them the first time around as well.

The Mumbai based Aqua Logistics was established in 1999 and is promoted by Rajesh G. Uchil, M.S. Sayad, Harish G. Uchil, Gopalkrishna G. Uchil. The company expects to raise Rs. 150 crore ($ 32.34 Million) through the IPO for additional working capital, purchasing specialized equipment, expanding and establishing new offices, acquire new companies.

One year LLM? Law honchos say 'yes'

Thu, 19 Nov 2009 19:30:12 IST

The HRD Ministry has decided to cut the two-year LLM course by half after the Round Table on Legal Education held yesterday. The proposal met with the unanimous consent of the legal luminaries present. They said that the two-year programme served no purpose and the final decision rested upon that of all the stake-holders.

Do you really want to be that Joe?

Thu, 19 Nov 2009 16:55:07 IST

De Facto looks at the corner-office lawyer. The one with a better view to the outside, a bigger office and the rainmaker for the firm. He believes that the corner-office lawyer is a salesman first, and a lawyer next. De Facto pens what he has observed about this lawyer who sells his skills, the firm, its work product and most importantly, themselves.

Andhra Pradesh High Court to shift

Thu, 19 Nov 2009 09:16:21 IST

The fire that gutted the Andhra Pradesh High Court [pictured] has resulted in severe damage to the 90 year old heritage building. An Expert Committee of the Government that conducted a detailed assessment of the building has declared a risk of collapse and has said that the building is not fit for use. The Bar Association and the Bar Council are working with the Government to identify an interim measure.

Recusals hit Delhi High Court: Justice Mudgal inherits HUL shares, recuses from HLL - Reckitt dispute

Wed, 18 Nov 2009 21:04:49 IST

Justice Mukul Mudgal [pictured] of the Delhi High Court has recused himself from hearing the Hindustan Unilever - Reckitt Benckiser dispute stating that he has recently inherited shares of Hindustan Unilever. Justice Mudgal has been appointed as the Chief Justice of the Punjab & Haryana High Court.

"Gas not your private property"- Government to Ambani brothers

Wed, 18 Nov 2009 13:57:04 IST

Additional Solicitor General Mohan Parasaran opened his arguments in the Ambani brothers' gas row. He submitted that any understanding between them was not binding as gas was not their "private property", but a national asset.

Reliance Natural Resources Limited (RNRL) counsel Ram Jethmalani promptly objected to the Petroleum ministry being permitted to be heard as a party to the dispute. He said the ministry had dropped its prayer in the Bombay High Court to be included as a party and was only accepted as an intervenor. Parasaran, however stood his ground that the Government has every right to be a party in this dispute.

Earlier, Harish Salve, representing Reliance Industries Limited (RIL) had demanded withdrawal of RNRL's allegation that the MoU was approved by its board. Jethmalani has locked horns with Salve regarding the latter making submissions not on the records of the Bombay High Court.

Rohinton Nariman, who concluded RIL's arguments insisted that a promoter's family arrangement cannot be imposed upon the company's shareholders. "The court has to act as an umpire. It only has a supervisory role," he said.

The Legal Wicket - Lawyers Premier League at Turf T20 tournament

Wed, 18 Nov 2009 07:56:05 IST

While the battles in the legal arena continue, law firms are taking their fights to a whole new level. 12 Delhi law firms are slugging out in the Turf Twenty-20 cricket tournament for law firms being held at the Hamdard University grounds.

Nishith Desai close Aditya Birla Group's $500M Realty Fund

Wed, 18 Nov 2009 07:36:04 IST

The Aditya Birla Group has launched a real estate fund with plans to raise up to $500 million (Rs. 2,400 Crores). Aditya Birla India Real Estate Vision Fund, which will be advised by the Group's assets management arm, Birla Sun Life Asset Management, has a target corpus of $350 million (Rs. 1,680 Crores) with a green shoe option to raise another $150 million (Rs. 720 Crores).

The Nishith Desai team included Siddharth Shah - Head of Funds Practice Group, Nishchal Joshipura [pictured] - Head of Real Estate Practice along with Associates of the Funds team, Sambhav Ranka and Sahil Shah.

Nishith Desai has advised more than a dozen fund incorporations including biggies such as ICICI, Deutsche, India REIT and Redford Capital. IL & FS Fund, which raised $895 Million at the beginning of this year was also advised by Nishith Desai.

Supreme Confirmation: President appoints 4 of 5 Judges

Tue, 17 Nov 2009 18:36:51 IST

The Supreme Court collegium had recommended the elevation of 5 state Chief Justices to the Supreme Court in August this year. President Pratibha Patil [pictured] confirmed the appointments of Chief Justices Ananga Kumar Patnaik, Tirath Singh Thakur, Surinder Singh Nijjar and K.S. Radhakrishnan. The Judges are expected to assume charge soon.

After uproar about corruption charges against Justice P.D. Dinakaran, the collegium had stalled Justice Dinakaran's elevation. This takes the Supreme Court's strength to 26 after Justice B.N. Agarwal retired last month.

Dispute of the day: Scrabble, Snake & Ladder, Monopoly are games - Supreme Court

Tue, 17 Nov 2009 14:16:44 IST

An excise duty dispute has resulted in the classification of 'Scrabble' as a game, as against an educational toy or a puzzle. The Supreme Court Bench comprising Justices S.H. Kapadia and Aftab Alam delved into the history, development and structure of Scrabble, meaning in the Oxford Dictionary before siding with the order of the Commissioner of Central Excise.

Luthra & JSA in PVR's DT Cinemas buyout

Tue, 17 Nov 2009 09:00:44 IST

Gurgaon based PVR Cinemas has acquired DT Cinema, owned by real estate giant DLF. The cash and stock deal totally valued at Rs. 62.2 Crores ($13.55 Million), saw JSA's Jyoti Sagar and Divyanshu Pandey advising PVR while Luthra's Samir Dudhoria and Aparna Mittal advising DT Cinemas.

Recusals continue: ITC shares and Nariman's insistence lead to Justice Kapadia's withdrawal

Mon, 16 Nov 2009 18:34:12 IST

Justice S.H. Kapadia today recused himself from another matter involving Indian Tobacco Company (ITC) as he held shares in the firm. Justice Kapadia, who had heard the matter for almost a year, decided to recuse himself as soon as it came up for hearing and conveyed the same to the parties, saying he had ITC shares.

PTI reported that Senior Counsel Harsh Salve, appearing for ITC, said that ITC did not have any objection to Justice Kapadia hearing the case. However, Senior counsel Fali S. Nariman, who was present in the court room for another matter, suggested Justice Kapadia not to hear the case.

Very rarely, we see a lawyer who is not part of the dispute raising objection of this nature. Fali Nariman, a respected Senior Advocate who has been fiercely vocal about bringing transparency in the justice delivery systems was bold enough to oppose the move.

After the judges declared their assets, there have been a spate of recusals in the Supreme Court. Justice Raveendran, Justice Katju and Justice Kapadia, all withdrew from hearing because of the conflict that may arise because of their pecuniary interest. However, Justice Raveendran withdrew from hearing the Reliance dispute citing a personal conflict.

Read Vivek Reddy's column on recusal, "Conflicting Signals from the Supreme Court".

Amarchand, Khaitan and DLA Piper on Aban Offshore's 1,000 crore QIP

Mon, 16 Nov 2009 18:25:04 IST

India's largest offshore drilling company, Aban Offshore, is concluding a Qualified Institutional Placement today. The company is planning to raise a maximum of Rs. 1,000 crore ($216 million) through the QIP. The funds raised through the issue will be used to repay Aban's debt, which currently stands at about $410 million (Rs. 1,896 crore) and is due by December this year.

The domestic legal counsel to the company was Amarchand Mangaldas, which advised the issue through its Bangalore and Hyderabad offices. The company's in-house legal and compliance issues were handled by the Deputy Managing Director and Company Secretary, C.P. Gopalkrishnan.

Khaitan & Co. acted as the domestic legal advisor to Citigroup Global, the Sole Global Co-ordinator and Book Running Lead Manager, while the Singapore offices of DLA Piper acted as their international legal advisors.

Luthra helps to ink agreement for Voith Paper and L&T

Mon, 16 Nov 2009 18:16:51 IST

Luthra & Luthra represented engineering major Voith Germany in its acquisition of the L&T's stake in the Indian joint venture in the Kolkata-based Voith India. Voith Germany and L&T were 50 percent shareholders in the Indian subsidiary.

Luthra's team, led by Partner Vijaya Rao and the team comprised of Bikash Jhawar, who is the Group Head and Devhuti Mishra, assisted Voith Germany in drafting, reviewing and negotiating the share purchase agreement, including drafting of the closing documents and completion of other closing formalities.

The transaction includes an arrangement between Voith Germany and L&T under which Voith Germany would source components and aggregates for its international and Indian requirements from L&T in the field of manufacturing of machinery and equipment for pulp and paper production. With the conclusion of this transaction, Voith India is a wholly owned subsidiary of Voith Germany.

L&T was represented by its in house legal team.

Bail condition of the day: Hoist the National Flag

Mon, 16 Nov 2009 14:11:17 IST

The Madras High Court had granted bail to P. Thamizharasan and V. Bharathi on two conditions. One, erect a flag post in front of their home and hoist the national flag everyday. Two, conduct community service at an orphanage every day for a week. Senior Counsel Ram Jethmalani appeared on behalf of the accused. Justices B. Sudershan Reddy and Deepak Verma set aside the bail condition imposed by the Madras High Court, but held that they shall hoist the national flag everyday for a week.

National Law University, Jodhpur loses student in train mishap

Mon, 16 Nov 2009 12:04:39 IST

A tragic train mishap took the life of Sonal Singh. Bar & Bench extends its sincere condolences to the parents and friends of Sonal Singh, and expresses profound regret for the loss of a young and promising life. The Delhi bound Mandore Express, had about 52 students from NLU on board most of whom were heading back home after their exams concluded.

20 years of Sachin 'Ton'dulkar - Legal tussles: Ferrari, CA, National Flag and Terrorists

Mon, 16 Nov 2009 10:41:50 IST

While legal bouncers may not quite be his cup of tea, Sachin Tendulkar continues to be the chief god for the religion known as cricket. Bar & Bench looks at his innings with the law. First it was his Ferrari Modena, then his dispute with his Chartered Accountant, then a controversy over cutting an Indian flag-shaped cake. Such is Tendulkar's popularity in India, that even fundamentalist Islamic organisations have plotted to kidnap him as part of a terrorist strike against the nation!

RTI should not infringe on Judiciary's independence, says AG

Fri, 13 Nov 2009 19:20:14 IST

"Public right to know is fine, but on the same hand, it should also be seen that such rights are not infringing on the independence of the judiciary," argued Attorney General Goolam E. Vahanvati [pictured], appearing on behalf of the Supreme Court, before a three judge Bench of the Delhi High Court.

The matter is on appeal from a High Court of Delhi judgment in September, which had held that the CJI was a public authority and his office came within the purview of the RTI Act.

Jethmalani wants to cross examine RIL directors; Parasaran denies threat to quit

Fri, 13 Nov 2009 18:29:42 IST

The Supreme Court on Thursday opined that Reliance Industries Ltd (RIL) cannot deny knowledge of the Ambani family pact between the Ambani brothers, brokered by their mother Kokilaben [pictured]. Reliance Natural Resources Ltd (RNRL) counsel Ram Jethmalani wants to cross examine the seven directors of RIL, whose affidavits claim they had no knowledge of the contents of the family pact, in the event that their affidavits are admitted. In a related development, Additional Solicitor General Mohan Parasaran has denied reports that he had threatened to quit if Senior Counsel P.P. Rao was briefed.

Bharucha & Partners close DCB's 100 Crore QIP

Fri, 13 Nov 2009 18:04:48 IST

Bharucha & Partners have closed the Rs. 100 crore (20.8 Million) QIP of Development Credit Bank. Name Partner Alka Bharucha led the transaction, assisted by Senior Associate Vishnu Dutt. Speaking to Bar & Bench, Vishnu said, "A QIP is one of the easier forms of capital market transactions, but in a Bank's QIP there are a lot more regulatory issues that we need to look at before signing off, unlike other QIPs."

DCB's board also includes the name Partner of Udwadia & Udeshi, Darius Udwadia, and the Founder Partner of Economic Laws Practice, Sunil Nathani.

Alka Bharucha, formerly a Partner at Amarchand Mangaldas, had also advised DCB when it went public in 2006. DCB is another of the clients who moved with Alka and MP Bharucha when they broke away from Amarchand in early 2008. Another such long-term client, GatewayRail, was advised by Bharucha & Partners in the recently-concluded investment by Blackstone.

Manu Sharma's parole still making waves: Senior lawyers express disapproval

Fri, 13 Nov 2009 17:31:26 IST

Manu Sharma, who was convicted of the 1999 murder of Jessica Lall, returned to Tihar jail on Monday, twelve days before the expiry of his parole, after the Delhi government came under severe criticism for granting parole on his sentence. Sharma's return to Tihar has not, however, quelled the indignation of the legal community and the general public, who feel that his grounds for requesting parole were "flimsy". The grant of parole to Sharma has also been criticized by the legal community in view of the fact that Sharma's earlier bail application had been rejected by the Supreme Court in December 2008.

Saikrishna Rajgopal wins domain name for Barkha Dutt

Thu, 12 Nov 2009 16:25:01 IST

Barkha Dutt (pictured), a Padma Shri awardee, is the Group Editor of News Network, NDTV who shot to fame when she covered the Kargil war live from Kashmir and Pakistan occupied Kashmir. www.barkhadutt.com, till recently held by cyber squatters has been released by Delhi based IP boutique, Saikrishna & Associates. Saikrishna Rajgopal, the name partner of Saikrishna & Associates along with associate Safia Said, argued before the arbitral tribunal presided by Harini Narayanaswamy.

Reliance saga: And the show will go on, till November 17

Thu, 12 Nov 2009 15:17:19 IST

Reliance Industries Limited (RIL) counsel Harish Salve and Reliance Natural Resources Limited (RNRL) counsel Ram Jethmalani (pictured), spent the day trading jibes at each other at the hearing yesterday. Harish Salve argued that the 2005 Memorandum of Understanding was an arrangement between the brothers, and neither did the RIL board or shareholders approve the MoU.

Reliance Industries Limited (RIL) counsel Harish Salve had informed the court that he is likely to finish his arguments on today in the dispute with Reliance Natural Resources Limited (RNRL). In addition to being heard every Tuesday, Wednesday and Thursday, the matter will hence also be heard every Friday. Additional Solicitor General, Mohan Parasaran is expected to argue on November 13, and Jethmalani, appearing for RNRL is supposed to commence his arguments on November 11, and finish six days hence.

The government has, yet again, been at the receiving end. In a fresh affidavit filed yesterday, objecting to the admission of SLP filed by the Ministry of Petroleum and Natural Gas, RNRL alleges that the stand of petroleum ministry in this case is "dishonest and collusive". The affidavit alleges that the petroleum ministry had filed a false affidavit before the Bombay High Court and withdrew them afterwards due to fear of cross examination. RNRL alleges that the increase in capital expenditure by RIL from Rs 10,000 crore to Rs 36,000 crore for enhancing gas production from 40 to 80 mmscmd was artificial and only to make it unaffordable to the fertilizer and power industries.

Earlier, Salve addressed the media and categorically denied settlement talks between the brothers as reported by a section of the media.

Contempt notices issued to AAB officials; Bar Council demands Chief Justice step down

Thu, 12 Nov 2009 13:11:27 IST

After the Chief Justice of Karnataka, P.D. Dinakaran was verbally abused and later jostled by members of the Bar, the High Court has slapped contempt notices against office bearers of the Advocates Association of Bangalore. The Bar Council of Karnataka, along with senior members of the Bar, including Advocate General Ashok Haranahalli have rallied behind the AAB, demanding that the contempt notices be withdrawn. They have also demanded that the Chief Justice step down on or before November 16.

Pangea3 inducts heavyweights Wisner and Hildebrandt to Board; Waiting for right acquisition opportunity

Thu, 12 Nov 2009 08:19:16 IST

Pangea3 Inc., leading provider of legal outsourcing services announced yesterday that Ambassador Frank G. Wisner (pictured, extreme left) and Brad Hildebrandt (pictured, second from left) have joined its Board of Directors. Ambassador Wisner is a retired Career Ambassador with the State Department, the highest grade in the Foreign Service. Brad Hildebrandt is the Chairman and Founder of Hildebrandt International, that provides a management consultant services for law firms.

The art of seeking 'time' - Adjournments tongue in cheek

Wed, 11 Nov 2009 17:52:56 IST

Unprepared lawyers invent stories to obtain adjournments. An 'art' every litigator fresh off law schools is made to learn. Several courts, fora, tribunals are non-functional due to a lack of infrastructure. Case in point is a District Consumer Forum in Delhi that has not been functioning on account of a caved roof.

Now, we have Minister Moily talking big about a Litigation Policy for the Government, a National Arrear Grid to monitor pending cases and a Vision Statement to guide all this. The question is, will it work? Kushal Bhimjiani takes closer look.

Supreme Court on the jurisdiction of Consumer Forums - A welcome trend

Wed, 11 Nov 2009 16:46:37 IST

Interestingly, over the past several months, in disparate decisions, the Supreme Court has opted to restrict the kind of complaints that could be entertained by the consumer forums constituted under the Consumer Protection Act, 1986. Dhananjay Joshi looks at the evolution of Consumer Protection law in recent times, with a specific focus on how recent Supreme Court judgments restrict the nature of complaints that could be filed under the Consumer Protection Act.

LPO major Integreon signs Monitor Group as client; buys captive Grail Research

Wed, 11 Nov 2009 14:25:04 IST

LPO major Integreon expanded its research and analysis wing by acquiring Monitor Group's captive research unit, Grail Research. CEO Liam Brown also mentioned about their fund raising plans remaining intact and are looking to raise about $ 100 Million with 50 percent organic growth year on year.

SEBI Legal Team gets the job done; Pyramid banned for 7 years

Wed, 11 Nov 2009 13:44:12 IST

The Securities and Exchange Board of India did not accept J.Sagar Partner, Somasekhar Sundaresan's argument on behalf of Pyramid Saimira Theater. It now faces a 7 year ban from dealing in securities or accessing the securities market, directly or indirectly. Earlier, masterminds Nirmal Kotecha and P.S. Saminathan too were banned from accessing the securities market.

Proximity Cards throw SC out of gear

Wed, 11 Nov 2009 12:14:10 IST

Life in the Supreme Court was thrown out of gear this morning. Lawyers without the 'Proximity Cards' had to queue up outside the Court to obtain day passes to enter the premises. The Chief Justice of India, K.G. Balakrishnan inaugurated the new security systems and processes yesterday despite lawyers' protests.

PILs and media coverage force SEBI's hand: Board makes Committee's orders public, but declares them 'non est'

Tue, 10 Nov 2009 16:42:32 IST

The SEBI Board today announced that it would make public the orders of the two-member Committee investigating the IPO scam of 2004-05. The SEBI has issued a press release stating, "SEBI in its meeting on Monday decided to confirm the findings of its meeting held on August 26, 2009. In view of the above, the Board declared the two orders (relating to IPO Irregularities and DSQ Software) as non est." Bar & Bench had carried a full coverage of the issue and the PILs filed in the AP High Court on November 4.

Khaitan, Bharucha close Blackstone investment in GatewayRail

Tue, 10 Nov 2009 14:35:45 IST

Bharucha & Partners' Alka Bharucha led her team in advising GatewayRail in their transaction with Blackstone. Blackstone was advised by Khaitan & Co's Rabindranath Jhunjhunwala. Khaitan has also advised in Blackstone's acquisition of a majority stake in Mumbai based CMS Computers.

Intrasoft Technologies greets the capital markets with 35 crore IPO

Tue, 10 Nov 2009 14:23:10 IST

Intrasoft Technologies, which runs the online greeting card portal 123greetings.com, has filed a draft red herring prospectus (DRHP) with the SEBI. Amarchand Mangaldas, through its Bangalore offices, is acting as the legal counsel to the issue. The Kolkata-based Intrasoft Technologies is promoted by Arvind and Sharad Kajaria. The company is backed by Intel Capital, which had invested Rs. 20 crore ($4 million) in the venture in 2007. Intel Capital is planning to dilute its stake in Intrasoft through the IPO, from 16.3 percent to 12.2 percent. The company plans to raise Rs. 35-37 crores (approx. $7.5 million) via the public offering.

The in-house legal matters were handled by Intrasoft's Company Secretary and Compliance Officer, Rajendra Kumar Chotia. Amarchand's Bangalore offices have been fairly active in the capital markets this year, closing Nagarjuna Construction's Rs. 367 crore ($75 million) QIP, Vascon Engineers' Rs. 400 crore ($83.3 million) IPO and ING Vysya's Rs. 415 crore ($89 million) QIP, among others.

Bar vs. Bench in Karnataka High Court: Protest against Dinakaran turns violent as advocates go on a rampage and assault HC judge

Mon, 09 Nov 2009 21:04:10 IST

Lawyers today assembled outside Court Hall 1 of the Karnataka HC, where Justice Dinakaran was presiding, and called out slogans against him. The protests were carried over to the other court halls, but Justices V. Gopalagowda [pictured right] and A.V. Nagrathna [pictured left] refused to stop hearing matters. Consequently, they were locked into the court hall, and had to be rescued by the Commissioner of Police. Sources say that Justice Gopalagowda was assaulted in the resulting melee. K.N. Puttegowda, the President of the Advocates Association, however, denies the involvement of the Association's members in the violence.

Clifford Chance dispute with IT department reaches Supreme Court - SC issues notice to Clifford Chance after AG appears

Mon, 09 Nov 2009 14:41:22 IST

After 12 years, the Supreme Court has admitted the appeal of the Income Tax Department from the Bombay High Court and has issued notice to Clifford Chance (CC) on the question of double taxation for advisory work on India-related projects. The IT department has engaged Attorney General Goolam E. Vahanvati to appear before the Supreme Court.

Naik Naik & Co obtain release of Jail

Mon, 09 Nov 2009 13:02:52 IST

Madhur Bhandarkar has landed in a copyright tussle over his movie 'Jail'. Sushila Sharma, the proprietor of Harsh Raj Productions, has sued Bhandarkar alleging copyright violations and claiming that Jail was based on her film. Ameet Naik [pictured right], Managing Partner of Bombay-based media and entertainment law firm Naik Naik & Co. and Partner Madhu Gadodia briefed Senior Counsel Virag Tulzapurkar, who appeared for Bhandarkar.

Justice Kapadia joins Justices Raveendran and Katju; Recuses from hearing Sterlite matter

Mon, 09 Nov 2009 09:48:48 IST

After Justice R.V. Raveendran and Justice Markandey Katju withdrew from two separate cases involving the Mukesh Ambani owned RIL, it was Justice Kapadia's (pictured) turn to withdraw from the Vedanta matter citing he owned shares in its group company, Sterlite Industries.

Conflicting Signals from the Supreme Court

Sat, 07 Nov 2009 12:41:50 IST

Justice Raveendran's recusal from the RIL-RNRL case reminds one of the stirring words of Justice Antonin Scalia - "If it is reasonable to think that a Supreme Court justice can be bought so cheap, the nation is in deeper trouble than I had imagined." What is puzzling is that Justice Raveendran, whose judgements reflect the rare combination of depth and simplicity, has in the same case and within few days offered two different standards for recusal.

This does raise a larger question - when faced with a conflict of interest what standard should judges across the country follow? Should a judge recuse or should they merely offer to recuse? Vivek Reddy looks at Supreme Court precedent and history.

Linklaters sends two Partners to strengthen Best friends practice

Fri, 06 Nov 2009 16:40:24 IST

Mumbai-based Talwar Thakore is welcoming home two Partners from best friend Linklaters. Kunal Thakore, son of name Partner Shobhan Thakore, and Narayan Iyer [pictured left to right], Partners in Linklaters' India practice group, will soon be joining Talwar Thakore & Associates. Talwar Thakore has been associated with Linklaters since its inception in January 2007.

Talwar Thakore currently has about 22 lawyers, but the recent hires, coupled with plans to move to a bigger office at the beginning of the new year, indicate ambitious expansion plans. Thakore and Iyer's move from Linklaters follows in the wake of a similar transition by Srinivas Parthasarathy from Allen & Overy to allied firm Trilegal.

Global Fund raising: Latham and Shearman's Multi-Jurisdictional teams conclude Sterlite Industries $500 million Convertible Bond Offering

Fri, 06 Nov 2009 16:24:34 IST

Sterlite Industries, India's largest non-ferrous metals and mining company, has completed a $500 million offering of Convertible Senior Notes that are convertible into Sterlite's American Depository Shares (ADS), listed on the New York Stock Exchange. At 37.5 percent, this is the highest conversion premium on an Asian convertible bond in 2009 and represents one of the most significant registered convertible bond offerings out of India in recent times.

Latham & Watkins, led by Partners Rajiv Gupta and Michael Sturrock in Singapore and Wiltold Balaban in New York advised Sterlite Industries. Tax advice for the transaction was provided by New York partner Jiyeon Lee-Lim and associate Orly Morgenstern.

Shearman & Sterling advised Deutsche Bank Securities Inc. and Morgan Stanley & Co., the Joint Bookrunners. Hong Kong Capital Markets partner Matthew Bersani led the team, working with Counsel Gail Ong of the Singapore Capital Markets team. Luthra & Luthra, and S&R's Delhi offices are advising on this transaction. Since the transaction is ongoing, both Luthra and S&R declined to comment.

While Shearman & Sterling are representing Sterlite in its bid for US mining company Asarco, Latham & Watkins appear to be Sterlite's favourites for Capital Markets transactions. Latham & Watkins has also advised Sesa Goa, a subsidiary of the Sterlite group on its recently concluded $500 million Bond Offering on the Singapore Stock Exchange.

Reliance Saga, Act II, Part I: Salve, Jethmalani squabble, ASG threatens to quit

Fri, 06 Nov 2009 14:09:52 IST

Reliance Industries Limited counsel Harish Salve and Reliance Natural Resources Limited counsel Ram Jethmalani may have set the tone for the rest of the hearing. Responding to Jethmalani's repeated interruptions to Salve's arguments, he requested the newly- constituted Bench, with Justice Sudershan Reddy replacing Justice Raveendran, not to allow the 'arguments to turn into a street brawl'.

The altercation arose when Jethmalani interrupted Salve's submissions, resulting in accusations that the other side was deviating from the earlier stand adopted in the Bombay High Court. However, the Government seems to be in the middle of the accusations, with Jethmalani accusing the Government of making 'new collaborations' with RIL, and Salve accusing the Government of framing a national gas utilization policy at the behest of the Anil Ambani Group.

In a related development, media reports indicate that officials of the Ministry of Petroleum and Natural Gas briefed Senior Counsel P.P. Rao. When Additional Solicitor General Mohan Parasaran [pictured], who is representing the Ministry, threatened to quit, officials dropped the idea.

Hogan & Hartson may merge with Lovells to create third-largest law firm in the world

Fri, 06 Nov 2009 13:47:59 IST

The management committees of international firms Hogan & Hartson and Lovells LLP have given their approval to the merger of the two firms. The merger will create a 'megafirm' of around 2,500 lawyers and 40 offices, with a projected joint revenue of $1.9 billion.

Both firms have flourishing India practices. Lovells has what it terms a "close working relationship" with Indian firm, Phoenix Legal, although both firms deny any formal alliance. Phoenix, in fact, doesn't appear to think that the merger will impact them in a big way.

Law Minister Moily bags Moortidevi Award for literary skills

Fri, 06 Nov 2009 13:29:17 IST

Veerappa Moily's Ramayana Mahaniveshanam, which is considered as the best Kannada translation of the Ramayana after Kuvempu's, has won him a Moortidevi Award. One of the most prestigious literary awards after the Bharatiya Jnanpitha award, it is presented every year for a contemplative or creative work which expresses, underlines and illumines human values rooted in the broad vision of Indian philosophy and cultural heritage.

Moily has been awarded the 21^st Moortidevi Award. His 5-volume magnum opus was released in 2007 when he was the Chairman of the Administrative Reforms Commission. The selection committee comprised former Sahitya Akademi secretary, K. Satchidanandan, Jnanpith awardee and Sanskrit scholar, Satyavarat Shastri, former Moortidevi awardee, Pratibha Ray, eminent linguist Vrishabha Prasad Jain and eminent authors, Sahu Akhilesh Jain and Ravindra Kalia.

A critically acclaimed author, Moily has published several novels, poems, plays and a collection of articles, apart from the Ramayana Mahaniveshanam. His novels in Kannada have been translated into various languages and even made into a telefilm directed by M.S. Sathyu.

Satyam: Karanjawala, Mukul Rohatgi, Amit Sibal get a breather for PwC

Fri, 06 Nov 2009 11:58:46 IST

The Institute of Chartered Accountants of India has undertaken to withdraw the show-cause notice against Delhi and Kolkata partnerships of PricewaterhouseCoopers in relation to the Satyam scam. Justice Sanjeev Khanna of the Delhi High Court objected to the ICAI initiating proceedings without complying with the procedure laid down by law and with insufficient evidence. Mukul Rohatgi, in the criminal proceedings initiated by the Government of India argued that no cause of action arose against the Delhi partnership of PwC.

16 SC Judges play the stock markets; 11 out of 21 own Reliance shares

Thu, 05 Nov 2009 17:59:43 IST

Two of the judges on Reliance matters have recently recused themselves on the grounds of conflict of interest. With the ownership of Reliance shares becoming a matter of some inconvenience to sitting Judges of the Supreme Court, Bar & Bench takes a look at the data revealed by the recent disclosure of assets by 21 Judges of the SC.

Justice Katju's recusal brings RIL-BPCL dispute back to square one after six years in SC

Thu, 05 Nov 2009 17:48:58 IST

While Justice Raveendran was withdrawing from the RIL-RNRL dispute, Justice Markandey Katju [pictured] was doing the same in the naphtha dispute between RIL and Bharath Petroleum Corporation Limited (BPCL). The matter has been in the courts for over a decade, and in the Supreme Court for six years. Justice Katju's recusal has undone years of work, with all involved parties having to start once more at square one.

D.R. Meena is Law Secretary; T.K. Viswanathan is Moily's advisor

Thu, 05 Nov 2009 17:25:08 IST

As reported by Bar & Bench in October, D.R. Meena, an Indian Legal Service (ILS) officer, has been appointed the Law Secretary in the Ministry of Law & Justice. He replaces T.K. Viswanathan [pictured], who retired on October 31. Meena was previously Additional Secretary in the Department of Legal Affairs in the Ministry of Law & Justice.

Viswanathan has been appointed as an advisor to the Law Minister, Veerappa Moily. The post was created specifically to push through legal reforms envisaged by the Minister, and carries the rank of Secretary to the Central government. Viswanathan had also been fulfilling the duties of the Secretary of the Legislative department until the post, which had been vacant for almost two years, was filled last month by V.K. Bhasin.

Lawyers are appointed in the Indian Legal Service through the Union Public Services Commission (UPSC) on the basis of their experience in the field. ILS officers are appointed as Law officers, Assistant Advisors, Deputy Legal Advisors and Legal Advisors.

SEBI, NSDL, Bhave in soup with multiple PILs; Attorney General appears for SEBI

Wed, 04 Nov 2009 21:01:06 IST

The Andhra Pradesh High Court is hearing two writ petitions on behalf of investors in the IPO scam which came to light in 2004-05, wherein several entities opened thousands of demat accounts to invest in IPOs to garner the share that was earmarked for retail investors. Attorney General Ghoolam Vahanvati is appearing for SEBI before the Bench comprising Chief Justice Anil Dave and Justice Nagarjuna Reddy. Vivek Reddy, Founding Partner of Vivek Reddy Law Chambers, is appearing on behalf of both the Petitioners.

Justice V. Giri cites personal reasons for resigning from Kerala HC, looks forward to practicing in SC

Wed, 04 Nov 2009 19:29:19 IST

Justice V. Giri, a permanent judge of the Kerala High Court, resigned from his position on Monday. Justice Giri, an alumnus of ILS, Pune and one of the youngest judges in the Kerala High Court, was insistent that his reasons for resigning were purely personal, and that he "just felt practice was better at this time". Speaking to Bar & Bench, Justice Giri confirmed that he would now be practicing in the Supreme Court, since as a permanent judge, he cannot practice in the same court in which he served.

Reliance: Daughter's job at AZB causes Justice Raveendran to withdraw; Justice Reddy to now sit on Reliance matter

Wed, 04 Nov 2009 16:28:22 IST

Justice RV Raveendran [pictured], one of the judges hearing the Reliance matter, has recused himself, citing a possible conflict of interest as his daughter, Sunita Rajesh, is a Partner at AZB, Bangalore. AZB & Partners had advised Mukesh Ambani during his split from his younger brother and was instrumental in finalizing the family MoU which is being disputed before the Supreme Court. Justice Sudershan B Reddy will be replacing Justice Raveendran on the Bench hearing the Reliance dispute.

The Court also rejected the intervention plea of Vishweshwar Madhavrao Raste, who claims to be a shareholder in RIL and RNRL, and who had sought tabling of the family MoU of 2005.

AZB, Clifford Chance and Amarchand advise Subex Bond issue

Wed, 04 Nov 2009 12:17:10 IST

Bangalore-based telecom services provider, Subex Technologies has obtained the approval of its Board to issue unsecured convertible bonds amounting to $98.7 million (Rs. 474 Crores) at a conversion price of Rs. 80.31 ($ 1.67). The offering of the Bonds is being undertaken as a part of the restructuring of FCCBs earlier issued by the company in 2007. Subex had borrowed in 2007 when the economy was booming and its share prices were trading high. The telecom software firm raised Rs. 864 crore ($180 million) via FCCBs in March 2007 to fund its acquisition of Canadian firm Syndesis. The convertible bonds, which have been listed on the Singapore Exchange, will mature in 2012. The conversion price that was set in 2007 was Rs 656 ($13.6) a share. But as of today (November 4), the stock is at Rs 67.40 ($1.4) on the BSE.

Capital Markets Partner Shameek Chaudhuri of AZB, Mumbai led the team, which acted as the domestic legal advisors to Barclays Capital, the sole Deal Managers to the issue. Clifford Chance's Hong Kong offices are acting as the international legal advisors to Barclays Capital, while Amarchand Mangaldas is the counsel for the Company.

21 of 22 SC Judges disclose assets; Justice HS Bedi yet to disclose details

Wed, 04 Nov 2009 11:23:21 IST

Subhash Agarwal has, after a two-year journey, finally succeeded in his fight to make public the asset details of the judiciary. The CJI and 20 sitting judges of the Supreme Court, along with Justice B.N. Agarwal, who retired recently, yesterday disclosed the particulars of their assets on the Supreme Court website. Justice Harjit Singh Bedi, however, is yet to disclose details of his assets.

The declaration comes after the months of controversy arising from a petition under the Right to Information Act that culminated in a battle in the Delhi High Court. The CJI's stand that his office was outside the purview of the RTI Act was dismissed by the Delhi High Court when it held that the Chief Justice was a public authority and his office would be within the purview of the RTI Act.

The Supreme Court chose to appeal the High Court's order on several other accounts. However, the Chief Justice later announced that the judges would voluntarily disclose their assets while contending that there was no mandatory provision under the law for them to do so. The disclosures are voluntary in terms of the May 7, 1997 resolution. Presently, there is no law governing the declaration of assets by judges.

ALMT advises Vodafone on CBDT Tax call

Tue, 03 Nov 2009 18:32:39 IST

The Income Tax department has issued a second show cause notice to Vodafone. The notice is reported to be 531 pages in length, along with a 1901 page supplement.

Sameer Tapia, Partner at ALMT Legal, confirmed to Bar & Bench that Partners Aliff Fazelbhoy and Hitesh Jain are advising Vodafone in the tax matter. ALMT had briefed Senior Counsels Iqbal Chagla and Dinesh Vyas before the Bombay High Court last time. Fali Nariman appeared for Vodafone before the Supreme Court. Mohan Parasaran was assisted by Special Counsel G. Srivastava with Beni M. Chatterjee, who was the standing counsel for the Union of India.

Amarchand, S&R and Latham collaborate on Sterlite Energy's 5,100 crore IPO

Tue, 03 Nov 2009 17:57:32 IST

The Delhi offices of Amarchand Mangaldas are advising Sterlite Energy on its Rs. 5100 crore ($1 billion) initial public offering (IPO). This is the second largest offering in recent times, after NHPC's Rs. 6,000 crore IPO ($1.2 billion). S&R Associates, led by Partner Sandeep Bhagat, are advising the Global Co-ordinators and Book Running Lead Managers. This is S&R's fifth capital markets transaction this year, although the firm has been very emphatic about its plans to diversify into other practice areas and shed its tag of being a 'capital markets firm'.

The Singapore offices of Latham & Watkins, led by India Practice Partner Rajiv Gupta, are acting as the international legal counsel to the Global Co-ordinators and Lead Book Running Managers.

S&R Associates advises Henderson Equity investment in Genesis

Tue, 03 Nov 2009 17:50:42 IST

Delhi-based S&R Associates have advised UK-based PE company Henderson Equity Partners in their Rs. 80 crore ($17 million) investment in Genesis Colors Pvt. Ltd. Genesis, which owns the luxury fashion brands Satya Paul, Shobhaa De and Bwitch!, has diluted approximately 12 percent to Henderson. Genesis also has distribution rights in India for global luxury brands such as Jimmy Choo, Canali, Aigner, Paul Smith, Just Cavalli and Bottega Veneta. The S&R team was led by Partner Rajat Sethi, assisted by Associates Venkatesh Vijayaraghavan, Dhruv Nath and Tanya Agarwal.

Genesis was advised by the Mumbai offices of Amarchand Mangaldas. The company, which was planning an IPO this year, has stated that it will now defer the public offering to a later time. Genesis has raised Rs 110 crore ($23 million) by selling a minority stake to a consortium comprising Sequoia Capital, Mayfield Fund and Silicon Valley Bank.

NLSIU, UIDAI to discuss legal implications of Unique Identification Number

Tue, 03 Nov 2009 13:42:19 IST

The National Law School of India, Bangalore (NLSIU) has been invited to organize a national consultation on the possible legal and constitutional issues emerging from the Unique Identification Number Project initiated under the stewardship of former Infosys Co-Chairman, Nandan Nilekani. Prof. V. Vijayakumar [pictured], a constitutional law expert teaching at NLSIU, is in charge of the consultation.

No Supreme Court for Dinakaran, for now

Mon, 02 Nov 2009 18:06:54 IST

As a result of the charges levelled against him, Chief Justice of the Karnataka High Court, Justice P.D. Dinakaran has been 'delinked' from elevation to the Supreme Court. CJI K.G. Balakrishnan at the All India conference of the Central Administrative Tribunal told media persons, "We have only asked that the names of four other judges should be processed for their appointment as judges of the Supreme Court," adding that the Supreme Court Collegium is yet to decide on the fate of Justice Dinakaran.

The Thiruvallur District Collector's report has accused the judge of encroaching upon 197 acres of public land in Kaverirajapuram village in Tamil Nadu, apart from owning about 500 acres. Besides encroachment charges, accusations that Justice Dinakaran had favoured a friend in a hearing in a court matter and several villagers filing complaints against him accusing him of removing the fence on the encroached property are adding to his cup of woes.

The Chief Justices of Madhya Pradesh, West Bengal, Gujarat and Punjab and Haryana, alongside whom Justice Dinakaran was nominated, will soon be elevated.

25 Years after Indira Gandhi: The lawyers in the Indira Gandhi Murder Trial and the 1984 Riots

Mon, 02 Nov 2009 17:51:55 IST

"October 31, 1984- Mrs. Gandhi was on her way to be interviewed by the British actor Peter Ustinov, who was filming a documentary for Irish television. She was walking through the garden of the Prime Minister's Residence at No. 1, Safdarjung Road. As she passed a wicket gate guarded by Satwant Singh and Beant Singh, they opened fire. Beant Singh fired three rounds into her from his side-arm, and Satwant Singh then fired 30 rounds from his sten gun into her prostrate body. Beant Singh was shot dead by other bodyguards at the scene of the assassination. Satwant Singh was arrested by Mrs. Gandhi's other bodyguards" - Wikipedia

Indira Gandhi's assassination was followed by riots, a change in Government and a series of trials and landmark constitutional cases. 25 years on, Bar & Bench looks at the lawyers who became an integral part of the unfolding legal drama.

Shocked by the latest disaster? File a PIL; Rajasthan HC admits PIL on IOC fire

Mon, 02 Nov 2009 17:30:57 IST

The Rajasthan High Court convened in a special session on Saturday to hear a PIL filed by Advocate SK Singh asking the State to explain what measures it has taken to curb the disaster and avert tragedy. The petitioner has alleged that the State failed to take adequate care to prevent the disaster and the response time in fighting the fires was negligently slow.

New, socially-relevant Law University for Orissa; Vice Chancellor Faizan Mustafa on his dreams for NLUO

Mon, 02 Nov 2009 13:55:16 IST

A focus on traditional lawyering, new areas of legal practice, excellent infrastructure and hostel facilities, high quality faculty and an integrated approach to legal studies are Dr. Faizal Mustafa's dream for the new National law University, Orissa.

Bar & Bench talks to the dynamic Vice Chancellor of National Law University, Orissa, which was inaugurated by the CJI on Saturday, in the presence of a host of dignitaries.

Godrej Properties retains Amarchand, Luthra, Jones; refiles IPO

Sat, 31 Oct 2009 15:58:48 IST

The Mumbai offices of Amarchand Mangaldas are acting as the domestic legal advisors to Godrej Properties in their Initial Public Offering (IPO). Godrej had initially filed its draft red herring prospectus (DRHP) with the SEBI in June 2008, but withdrew the offering due to adverse market conditions. Amarchand's Capital Markets Partner Yash Asher is leading the transaction. The company is planning to raise around Rs. 600 crores ($127 million) through the public offering, which will be used to repay its debts, which currently stand at about Rs. 450 crores ($95 million), and to increase its land bank.

The Managing Director of Godrej Properties is lawyer-turned-businessman, Milind Korde. Shodhan A. Kembhavi, Vice President (Legal and Secretarial), is handling the in-house legal and compliance issues.

Luthra & Luthra, Mumbai, acted as the domestic legal advisors to the underwriters, with the team being led by Capital Markets Partner Madhurima Mukherjee and Group Head, Manan Lahoty, with Associate Pragati Kumar. The Singapore offices of Jones Day acted as the international counsel for the underwriters. Jones Day has been particularly active in the Indian markets this year, with Godrej being its fifth IPO transaction in 2009.