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LAW AND CONSTITUTIONAL AFFAIRS - January 2023

Jan 2023

Jan 03, 2023

Telangana High Court Promotes 36 Lawyers as Senior Advocates, Including 3 Women

  • The High Court of Telangana conferred senior designation to 36 advocates, which included three women.
  • The decision was taken by the High Court in exercise of its powers conferred under Section 16(2) of the Advocates Act read with guideline No 5 (viii) and 8 – Guidelines for Designation of Advocates as Senior Advocates.

Jan 02, 2023

Bombay High Court Makes E-mechanism Mandatory for Filing of Pleas related to Criminal and Commerc...

  • The Bombay High Court made it compulsory to use the e-filing mechanism for filing petitions pertaining to criminal and commercial cases.
  • The Notifications to this effect were released by both the original and appellate sides of the Court.
  • E-filing was also made compulsory in matters pertaining to all cases concerning Direct, Indirect tax; and non-commercial arbitration cases.

Justice B. V. Nagarathna Terms Demonetisation Unlawful, Gives Dissenting Verdict

  • The Supreme Court upheld demonetisation by 4:1 majority, with most of the justices holding the decision to be legal.
  • The five-Judge Constitution Bench headed by Justice S. Abdul Nazeer rejected the 58 petitions challenging the Union government's 2016 decision to demonetise Rs. 500 and Rs. 1000 currency notes, while observing that the decision, which was taken by the Executive's Economic Policy, cannot be reversed now.
  • Justice B.R. Gavai, Justice A.S. Bopanna and Justice V. Ramasubramanian agreed to the verdict. However, Justice B.V. Nagarathna dissented to hold that the November 8, 2016 notification was unlawful.
  • As per Justice Nagarathna, "Legislation made in secrecy is an ordinance. The Centre's powers are vast for the demonetisation of all currency and must be exercised only through plenary legislation and not just a gazette notification."
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