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LAW AND CONSTITUTIONAL AFFAIRS - July 2023

Jul 2023

May 04, 2024

Sanjaya Kumar Mishra to Head GST Appellate Tribunal

  • Retired Justice Sanjaya Kumar Mishra was appointed as the President of the Goods & Services Tax Appellate Tribunal (GSTAT) by the Centre. The move aims to streamline the resolution of disputes concerning businesses efficiently. The appointment, made by the Appointment Committee of the Cabinet based on the recommendation of the Search-cum-Selection Committee, comes with a salary of Rs. 2.50 lakh per month for a tenure of four years.
  • GST Tribunals are envisioned as specialized bodies to address GST-related disputes promptly and efficiently. Their establishment is essential to ensure fairness, accountability, and the rule of law in tax administration. With the rise in appeals against orders of first Appellate Authorities, the need for dedicated and specialized GSTATs has become even more pronounced. Businesses previously had to resort to High Courts, resulting in prolonged and costly legal battles. The establishment of GSTATs is expected to alleviate this burden, fostering a conducive environment for business and enhancing ease of doing business in the country.

May 03, 2024

Supreme Court Orders 33 pc Reservation for Women Lawyers in SCBA Executive Committee Elections

  • The Supreme Court directed the Supreme Court Bar Association to reserve at least one-third of posts in the executive committee elections of SCBA for female advocates.
  • The Bench of Justice Surya Kant and Justice KV Viswanathan ordered the SCBA to include six women lawyers in its executive committee this year, including three as executive members, two as senior executive members, and one as the SCBA Treasurer.
  • he Apex Court exempted the post of SCBA President from its order.
  • Earlier, the Delhi High Court had dealt with a similar matter.
  • On February 29, 2024, SCBA President Adish Aggarwala assured the High Court that a general body meeting will be convened in two months to discuss amending the SCBA rules to reserve at least two posts in the executive committee for women lawyers.

May 01, 2024

Justice Dinesh Kumar Appoints as the SAT Presiding officer

  • Justice (retired) Dinesh Kumar took charge as the Presiding Officer of the Securities Appellate Tribunal (SAT) on 29 April 2024. The government of India appointed Justice Dinesh Kumar for a four-year term. Before taking over as the presiding officer of SAT, Justice Dinesh Kumar was the chief justice of the Karnataka High Court. He retired from the post in February 2024.
  • The SAT has been functioning without a presiding officer for the last four months, as the last presiding officer, Justice Tarun Aggarwal, retired in December 2023
  • Dheeraj Bhatnagar also took charge as the technical member of the tribunal. He has been appointed for a term of four years or till he reaches the age of 67, whichever is earlier. Dheeraj Bhatnagar retired as principal chief commissioner of Income Tax Delhi. The other member of the three-member SAT is Meera Swarup.
  • The Securities Appellate Tribunal is a statutory body established in 1992 under the provisions of the Securities Exchange Board of India Act 1992.

SILF Inaugurates New Building, Dispute Resolution Centre

  • Vice-President of India Jagdeep Dhankhar inaugurated the newly constructed building of the Society of Indian Law Firms (SILF) in a ceremony held at Bharat Mandapam in New Delhi. 
  • The building located at New Delhi's Rouse Avenue will also host a Dispute Solutions Centre named Samjhauta, which will be run in collaboration with Confederation of Indian Industry (CII), under the overall guidance of SILF Senior Vice-President Shardul Shroff.
  • Through research, legal education and mediation initiatives, SILF aims to facilitate the expeditious resolution of disputes and promote a culture of amicable settlements.

Apr 29, 2024

Centre Notifies Appointment of Two Additional Judges of Telangana High Court as Permanent Judges

  • The Central government cleared the appointment of two additional judges of the Telangana High Court as permanent judges.
  • The two judges who wer made permanent are: Justice Jaggannagari Sreenivasa Rao and Justice Namavarapu Rajeshwar Rao.
  • The Supreme Court collegium had earlier in April recommended that the two additional judges be made permanent.
  • This was after the High Court Collegium had in February this year recommended their appointment as permanent judges, following which the Telangana Chief Minister and Governor concurred.

Apr 26, 2024

Justice G. S. Patel Bids Tearful, Poetic Adieu to Bombay High Court

  • Bombay High Court judge Justice Gautam Patel bid a tearful adieu to the Bombay High Court, demitting office after serving nearly eleven years as a judge.
  • Justice Patel, in his unique way, equated the Bar and Bench with the two trees he would see from his chambers on the third floor of the court building.
  • He started practice in 1987 in Mumbai, working on commercial, corporate and civil litigations and also appearing in a large number of environmental public interest litigations including those relating to the Sanjay Gandhi National Park, protection of mangroves, town and country planning issues, Melghat National Park, the Mill Lands, protection of open spaces, etc.
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