Delhi Riots Bail Case, Adani Power, Stray Dogs, Legal Moves & More

“The Constitution guarantees personal liberty, but it does not conceive liberty as an isolated or absolute entitlement, detached from the security of the society in which it operates.”

-Supreme Court in its judgment in the 2020 Delhi riots case

The Dogs’ Week in the Top Court

The Supreme Court held hearings on a matter of public interest concerning stray dogs in public places through the week, almost on a daily basis hearing various stakeholders both for and against the presence of dogs in their natural habitat of public places.

The case assumed importance months ago after a court order to remove all stray dogs from Delhi NCR attracted widespread protests particularly from the affluent sections of the society. The order was quickly reversed making the judges who embraced a humane approach rather popular among the civil society and in the media both. However, the question concerning the rights of stray animals was not given quietus to yet.

It has now fallen on the top court to make decisive ruling on what stands to be done to stray animals and how especially in the middle of a large number of solutions proposed by different groups ranging from victims of dog bites, resident groups to animal rights activists and environmentalists.

The options are many, no right answers in sight and more than expected stakeholders. Among all this, a suggestion by Senior Advocate Abhishek Manu Singhvi stands out – this case should not be a do-over of the Aravalli case and should be decided only after inviting suggestions and recommendations from real subject matter experts.

Key Rulings:

• Supreme Court rules that vehicles used for mining and construction work that ply exclusively within factory or industrial premises are not liable for road tax under motor vehicle taxation laws of states
• Supreme Court holds that state governments cannot go back on incentives promised to industries after investment is made in those states basis the promises made

Courts:

• Delhi High Court upholds trademarks for Patanjali cow urine floor cleaner and Social pubs as well-known in separate cases
• Delhi High Court seeks response from the RBI on a PIL petition alleging user data breach by digital lending NBFCs
• Delhi High Court directs status quo to be maintained on Centre’s move to transfer Vedanta’s Suvali offshore oil block to ONGC
• Supreme Court denies bail to Umar Khalid and Sharjeel Imam in Delhi riots 2020 case, grants bail to other accused
• Adani Power wins a customs demand case relating to supple of electricity from its plant in SEZ in Gujarat

The Big Listings:

• Jan 19: Securities Appellate Tribunal to hear appeal by Jane Street challenging SEBI’s move to allegedly refuse access to important documents to the firm in the case against it
• Jan 19: APTEL to hear case concerning IEX market coupling
• Jan 21: Supreme Court to hear Delhi NCR air pollution matter
• Jan 21: Supreme Court to hear suo moto case on Aravalli ranges redefinition
• Jan 22: Delhi High Court to hear issue relating to Indigo disruption and mass cancellation of flights
• Jan 27: Delhi High Court to hear Apple Inc.’s plea against India’s competition law’s provisions on global turnover-based penalties on MNC
• January: Allahabad NCLT to hear Jaiprakash Associates’ Insolvency case for approval of successful bid
• Apr 8: Delhi High Court to hear Indigo’s petition seeking 9 billion rupees in refund from customs over re-imports

* The dates of hearing can change and a concrete list is prepared just a day before

Legal Moves: 

• Centre notifies appointment of:
  • Justice Manoj Kumar Gupta as Uttarakhand High Court chief justice
  • Advocates Ritesh Kumar and Praveen Kumar as judges at Patna High Court
  • Siddharth Sah as additional judge at Uttarakhand High Court
  • Advocate Jai Krishna Upadhyay as judge at the Allahabad High Court

• Bishwarup Chakrabarti of EROS Media joins Dentsu India as General Counsel
• Ishan Jhingran made partner at Paul Weiss
• Himanshu Goswami joins Khaled Al-Marri & Partners
• Abhishek Bharti made Regional General Counsel at Danaher Corp
• RV Goutham of Trilegal joins Samvad
• Ajit Sinha joins Angel One as General Counsel
• Zeeshan Khan leaves K Law to join Luthra & Luthra as partner
• Rachana Rautray leaves Anagram to join JSA as partner