Loquitur

LOQUITUR | 3 October 2011 | AGM on 4 October 2011

2011-10-02T21:27:42Z

Loquitur :: 3 October 2011

www.bombaybar.com | 3 OCTOBER 2011

notices

Annual General Meeting 2011

September 27, 2011

The Annual General Meeting of the Bombay Bar Association will be held on Tuesday, October 4, 2011 at 5.15 pm in the Association's premises in Room No.57. The agenda for the meeting is as follows:

To confirm the minutes of the last Annual General Meeting held on November 18, 2010;
Presentation of the Annual Report by the President;
To adopt the Audited Accounts for the year 2010-2011;
To confirm the appointment of the firm M/s. Ashok Jayesh & Associates as Auditors for the year 2011-2012;
To confirm the results of the elections for the posts of
(a) President
(b) Vice-President
(c) Honorary Secretary
(d) Members of the Standing Committee
Address by the President.
Any other business with the permission of the Chairman of the meeting.

NOTE: Copies of the Minutes of the General Meeting referred to above and copies of the audited accounts are available on request with the Association staff.

Gautam Patel

(on behalf of the Honorary Secretary)
For the Bombay Bar Association
room no 57, 3rd floor
bombay high court
m kane marg
bombay 400032
www.bombaybar.com

Loquitur Subscription Management

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PRIVACY POLICY

This email is for private circulation only to those members of the Bombay Bar Association who have chosen to receive it. Their reasons for doing so remain shrouded in mystery. This newsletter is never sent unsolicited. Often, it is never sent at all. It is, therefore, not spam. It is also not very useful. But that, as the Bishop said to the actress, is another matter altogether. Moreover and furthermore, the Bar Association doesn't share your email address with anyone. Come to think of it, the Bar Association doesn't share *anything* with anyone. We're lawyers, remember? Loquitur is perpetrated by Gautam Patel, a guy who moonlights as a lawyer in his spare time. All complaints should be deflected to the person who makes all this possible. You can find him in the Association room vending industrial-grade sludge at the coffee machine from 11 to 4 on working days.

LOQUITUR: 27 September 2011 : AGM, books, cartoons, bulldogs, judges and more

2011-09-27T12:58:22Z

Loquitur :: 27 SEPTEMBER 2011

If this mail doesn't display correctly, please view it online.

www.bombaybar.com | 27 SEPTEMBER 2011

notices

Annual General Meeting 2011

September 27, 2011

The Annual General Meeting of the Bombay Bar Association will be held on Tuesday, October 4, 2011 at 5.15 pm in the Association's premises in Room No.57. The agenda for the meeting is as follows:

To confirm the minutes of the last Annual General Meeting held on November 18, 2010;
Presentation of the Annual Report by the President;
To adopt the Audited Accounts for the year 2010-2011;
To confirm the appointment of the firm M/s. Ashok Jayesh & Associates as Auditors for the year 2011-2012;
To confirm the results of the elections for the posts of
(a) President
(b) Vice-President
(c) Honorary Secretary
(d) Members of the Standing Committee
Address by the President.
Any other business with the permission of the Chairman of the meeting.

NOTE: Copies of the Minutes of the General Meeting referred to above and copies of the audited accounts are available on request with the Association staff.

department of hindsight

The Catch-22 of Being a Young Advocate: in conversation with justice b. n. srikrishna

September 27, 2011

Relaxed and colourful ...
now that he doesn't have
to deal with us ...

The exciting times of the Emergency as a young advocate at the Bombay Bar feature in the third part of Vidya Raja's conversation with former judge of the Supreme Court and Chief Justice of the Kerala High Court, Justice B.N. Srikrishna. He also reflected on the Catch-22 situation of being a young advocate -- being told to be patient to wait for work, which would only come to you if you built your reputation by doing work. Watch this lively chat on MyLaw.Net

department of analysis

Undue hardship and discretion under S. 43 of the Arbitration Act

September 27, 2011

The discretion available for a judge under Section 43 of the Arbitration and Conciliation Act, 1996, demonstrates the pull between the competing policies of giving life to an arbitration clause and respecting the jurisdiction of the court. In a recent decision of Justice S.J. Vazifdar in Pluto Shipping Limited v. Dharti Dredging and Infrastructure Limited (Arbitration Petition 1169 of 2010; judgment dated August 23, 2011) the Bombay High Court exercised the available discretion when it found that compliance with the procedural formalities required by an arbitration clause would place one of the parties under 'undue hardship'. Read Mihir Naniwadekar's thrilling report -- featuring a ship, a planet, the earth, a dredger, a handmaiden and a mistress -- on myLaw.net.

department of the absurd - 1

"SHUT UP": ONE JUDGE TO A BROTHER JUDGE

September 27, 2011 | law.com - texaslawyer

The 5th U.S. Circuit Court of Appeals typically is a collegial court -- at least during oral arguments. But during Sept. 21 en banc arguments in United States v. Maria Delgado, 5th Circuit Chief Judge Edith Jones felt the need to tell Judge James Dennis to "shut up." She later apologized.

Jones: "Judge Dennis."

Dennis: "Can I ... ask a question?"

Jones: "You have monopolized ... seven minutes."

Dennis: "Well, I'm way behind on asking questions in this court. I have been quiet a lot of times and I am involved in this case."

Jones: "Would you like to leave?"

Dennis: "Pardon? What'd you say?"

Jones: "I want you to shut up long enough for me to suggest that perhaps ..."

Dennis: "Don't tell me to shut up."

Jones: "... you give some other judge a chance to ask a question."

Dennis: "Listen. I've been in this courtroom many times and got closed out and not able to ask a question. I don't think I'm being overbearing."

Jones: "You've been asking questions for the entire seven minutes he has had open so far. I just want to offer to any other judge the opportunity to ask a question."

department of disputes

ip law updates from findlaw

September 27, 2011

15 Sept | ULTRAMERCIAL LLC v. HULU LLC : Re a method of distribution of copyrighted material (songs, movies, books). US Court of Appeals, Federal Circuit

14 Sept | AIRFRAME SYSTEMS INC v. COMMUNICATIONS CORPORATION RAYTHEON COMPANY : Copyright infringement. US Court of Appeals, First Circuit

16 Sept | SONY BMG MUSIC ENTERTAINMENT v. TENENBAUM : The recording companies Sony BMG Music Entertainment, Warner Brothers Records Inc., Arista Records LLC, Atlantic Recording Corporation, and UMG Recordings, Inc. ("Sony"), sued for statutory damages and injunction, arguing that the Defendant willfully infringed the copyrights of 30 music recordings by using file-sharing software to download and distribute those recordings without authorization from the copyright owners. US Court of Appeals, First Circuit

22 Sept | GOPETS LTD. v. HISE : Cybersquatting, bad-faith registration, re-registration whether amounts to 'registration' under the statute. US Ninth Circuit

department of retail therapy

M&J Services Shop

September 27, 2011

The M&J Services Shop at Homi Mody Street has, apart from an excellent stock of law books, statutes and general reading, all manner of other interesting things for lawyers: mugs, desk accessories, MightyBrite portable reading lights and more. The latest is a selection of poster prints suitable for framing and wall display. Vidyut Shah, who manages and runs the place is enthusiastic and very helpful. Definitely worth a visit between adjournments.

The M&J Services Bookshop at Homi Mody Street, Mumbai

Vidyut Shah
M&J Services
9/15 Bansilal Mansion
Homi Mody Street, Fort
Mumbai 400 023
lawbooks@vsnl.com
+91 22 6610 1617

The wolf-lawyer and bulldog judge at M&J Services

department of research

Advocatekhoj Law Library

September 27, 2011

The Law Library section at AdvocateKhoj is a well-organised resource for Supreme Court judgments, statutes and rules. The SC decisions are easy to find by name and date/month. There appears to be no dedicated search engine but on the plus side, the text is neatly formatted and easy to read. The Latest Judgments section (the landing page for the SC section of the law library) shows the latest SC decisions, and these are very recent: 23 September as of time of writing. A very useful resource.

department of pest control

srs spam blocker for blackberry

September 27, 2011

OK, you iPhone and Android users, stop laughing. For the rest of us mortals who use Blackberries, here's something that really works. The SRS Spam Blocker works quietly to kill spam sms, email and to block phone calls. It's available for most models of the Blackberry, and at $10, you can't go very far wrong. Available at Blackberry Appworld -- count yourself lucky if you can log in and do any kind of a transaction there; but also at Berryfication.com/Mobihand.

Gautam Patel

(on behalf of the Honorary Secretary)
For the Bombay Bar Association
room no 57, 3rd floor
bombay high court
m kane marg
bombay 400032
www.bombaybar.com

in joco veritas

CARTOONS FROM STUART REES

September 27, 2011

Stuart Rees is a Harvard lawyer and also a popular and highly regarded cartoonist. His cartoons show us the funny, absurd and frequently bizarre side of the law (and he doesn't spare lawyers or judges either).

The Bar Association is very pleased to bring you a selection of the cartoons of Stuart Rees. This is by special arrangement; Mr Rees has generously allowed us limited use of his cartoons for Loquitur and for our website. The BBA thanks Mr Rees.

All images are copyright Stuart Rees. Please do not republish without prior written permission.

department of deep thought

"Due Process of Law" by Abhinav Chandrachud

September 27, 2011

From Law & Other Things:

"In a book published this month by the Eastern Book Company, entitled "Due Process of Law", I analyze the doctrine of substantive due process, in particular its evolution in American constitutional law, and its emergence in Indian jurisprudence. In it, I expand upon themes I previously wrote about (here and here), arguing that the term "substantive due process" has evoked three meanings in American constitutional jurisprudence, (i) "federal-state" due process, (ii) "fundamental rights" based due process, and (iii) substantive scrutiny of life, liberty and property deprivations."

... more at Law & Other Things.

Due Process of Law; by Abhinav Chandrachud
Published by Eastern Book Company 2011
Available from M&J Services
9/15 Bansilal Mansion
Homi Mody Street, Fort
Mumbai 400 023
lawbooks@vsnl.com
+91 22 6610 1617

department of potential greatness

On history's stage: Chief Justice John Roberts Jr.

September 27, 2011 | cnn-money | Roger Parloff, senior editor

As the youngest leader of the high court in two centuries, he has the energy, the intellect, and the votes to reshape our world.

In January 1993 principal deputy U.S. solicitor general John Roberts Jr. was arguing before the U.S. Supreme Court in a case brought by an inmate in a Nevada penitentiary. The prisoner, a nonsmoker who had been sharing a cell with a five-pack-a-day man, claimed that being subjected to so much secondhand smoke amounted to "cruel and unusual punishment" in violation of his Eighth Amendment constitutional rights. The United States, represented by Roberts, was siding with Nevada in arguing that the inmate's plight did not rise to constitutional dimensions.

"What about asbestos?" Justice Byron White asked Roberts, according to the official tape of the argument. Could the warden of a prison with decaying asbestos pipes force an inmate to inhale those toxins too?

That would be different, Roberts said without hesitation. "When we go to a restaurant, they don't ask, 'Do you want the asbestos section or the non-asbestos section?' They do ask, 'Do you want smoking or nonsmoking?'"

The response, which broke up the room, illustrates a few of the traits that made Roberts "the best Supreme Court advocate of his generation. ... more at CNN-Money

department of the absurd - 2

WHEN SPARKS FLIES

September 27, 2011

Judge Sam Sparks of the United States District Court in Austin, Texas, has his own iconoclastic approach to litigation. Clearly, he's not to be messed with. Irritated by squabbling about pre-trial procedures and applications to quash subpoenas, he issued an order in Morris et al v Coker et al inviting warring counsel to a kindergarten party. The order reads

"Greetings and Salutations!

You are invited to a kindergarten party on Thursday, September 1, 2011 at 10:00 am in Courtroom 2 of the United States Courthouse, 200 W. Eighth Street, Austin, Texas.

The party will feature many exciting and informative lessons, including:

How to telephone and communicate with a lawyer

How to enter into reasonable agreements about deposition dates

How to limit depositions to reasonable subject matter

Why it is neither cute nor clever to attempt to quash a subpoena for technical failures of service when notice is reasonably given and

An advanced seminar on not wasting the time of a busy federal judge and his staff because you are unable to practice law at the level of a first year law student

Invitation to this exclusive event is not RSVP. Please remember to bring a sack lunch! The United States Marshals have beds available if necessary, so you may wish to bring a toothbrush in case the party runs late.

In another case, Texas Medical Providers etc, et al v David Lakey, et al, His Honour jumped all over a hapless counsel.

The Court has already turned down two extremely tempting offers to transform this case from a boring old federal lawsuit into an exciting, politically-charged media circus. As any competent attorney could have predicted, the Court declines the latest invitation as well.

However, the Court is forced to conclude Allan E. Parker, Jr., the attorney whose signature appears on this motion, is anything but competent. A competent attorney would not have filed this motion in the first place; if he did, he certainly would not have attached exhibits that are both highly prejudicial and legally irrelevant and if he foolishly did both things, he surely would be so unprofessional to file such exhibits unsealed. A competent attorney who did those things would be deliberately disrespecting this Court and knowingly shirking his professional responsibilities, offenses for which he would be lucky to retain his bar card, much less an intact bank balance.

For Mr. Parker's sake, and because the Court has no time to hold a sanctions hearing -- in part because it must take time out of deciding the actual legal issues to address the self-serving entreaties of attention-seekers like Mr. Parker -- the Court assumes Mr. Parker is as incompetent as he appears. Rather than sanction him, the Court simply does what Mr. Parker would have done if he was a competent professional, and seals attachment 7 to his motion.

And you thought you had reason to grumble?

department of gleanings

bits and pieces

September 27, 2011

SEC Investigates S&P's Role in Mortgage-Crisis CDO | On Monday, Standard & Poor's parent company McGraw-Hill reported its receipt of a Wells notice from the U.S. Securities and Exchange Commission, warning of potential civil charges against the ratings agency for its role in the recent mortgage crisis. According to CNN/Money, "the commission could fine the company for alleged securities violations related to a 2007 collateralized debt obligation deal that S&P rated. . . The CDO deal in question, known as Delphinus CDO 2007-1, was arranged by Mizuho International and Delaware Investments acted as the collateral manager. In 2007, S&P had a AAA rating on the security, which was backed largely by subprime mortgages." ...more at law.com

Man in Divorce Seeks to Cancel Adoption of 'Companion Animal' | In the language of the law, Mo is a "chattel." But to Neil Walash the 85-pound English bulldog is a "beloved" pet and companion. And he wants Mo back. Mr. Walash claims that his wife, Samantha, who is now divorcing him, maliciously arranged the adoption of the 5-year-old blonde and white dog without telling him. He has filed a motion in Orange County for replevin of the dog he insists belongs to him, which is being contested by Mo's new caregiver, Nicki Kilgour of Fishkill. ... more at New York Law Journal

Consolidated Edison's 9/11 Negligence action dismissed | A federal judge dismissed negligence claims by Con Edison over the destruction of 7 World Trade Center on Sept. 11, 2001. Southern District Judge Alvin K. Hellerstein, in In re September 11 Litigation, 21 MC 101, said the chain of events that led to the destruction of 7 World Trade Center was "much too improbable to be consistent with any duty" toward Con Edison by builder and developer Larry Silverstein and Citigroup, the successor-in-interest to the building's primary tenant, Salomon Brothers. ... more at New York Law Journal

department of work

STANDING COMMITTEE

September 27, 2011

The shiny new Standing Committee will have its first meeting a few days after the AGM. There's a long laundry-list of to-do things but given the level of our collective acuity, there's very little chance of our not having missed something.

If you do have suggestions please send them in. By email. To webadmin@bombaybar.com. Don't use more paper. Please.

The following suggestions, or any to this effect or in any other manner whatsoever, whether or not exactly corresponding to the below-mentioned, are, without prejudice to all our writes and conventions, strictly and absolutely and utterly forbidden, prohibited and otherwise prevented, that is to say

suggestions relating to potted plants, no matter how pretty;
suggestions regarding landscaping;
suggestions regarding victuals and libations
suggestions that use the word "judge" (and singular shall be deemed to include the plural and vice-versa, and a reference to one gender shall be deemed to mean a reference to all other genders including those hitherto unknown);
suggestions that use the word "judiciary";
suggestions that use or imply the words "work" whether or not in conjunction with the words "must", "shall" and "should".
suggestions from losing candidates at the last elections;
suggestions from winning candidates at the last elections;
suggestions from non-candidates at the last elections;
suggestions from voters and non-voters.
suggestions that do not use the words "May It Please Your Worthinesses"

Everything else is welcome, if you can think of anything. Have at it.

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LOQUITUR: 20 September 2011 : Bar Association Election Results

2011-09-20T11:57:35Z

Loquitur :: 20 SEPTEMBER 2011

www.bombaybar.com | 20 SEPTEMBER 2011

notices

Bar Association Elections

September 20, 2011

At the Elections held on September 20, 2011, a total of 582 votes were cast.

The Scrutineers appointed for the Elections, Mr Hiralal Thacker and Mr Girish Desai, have reported the following results:

1. PRESIDENT

Mr. R. A. Kapadia (unopposed)

2. VICE-PRESIDENT

Mr. D. R. Zaiwalla (unopposed)

3. HONORARY SECRETARY

	Total Votes Cast	582
	Invalid Votes	17
1	RAO Mr MP	206
2	WANDREWALA Ms Armin	181
3	CASTELLINO Ms Anita Shekhar	134
4	NAIR Shashikumar	44

Mr. M. P. Rao is thus declared elected as Honorary Secretary of the Association for the term 2011-2014.

4. MEMBERS OF THE STANDING COMMITTEE

Sr No	Candidate's Name	Votes
1	SATHE Milind R	362
2	PATEL Gautam	317
3	SHAH Satish J	314
4	CAMA J P	299
5	CHITNIS Rahul	295
6	POCHKHANAWALLA Jimmy F	274
7	RAJA N	274
8	DHOND Venkatesh R	267
9	SANCHETI Pradeep	266
10	CHAGLA Riyaz I	255
11	THAKKER Nitin G	252
12	KULKARNI Girish S	237
13	SHINDE Dilip A	230
14	SHAH Snehal K	225
15	KAPADIA Yash	216
16	SEN Sunip Kumar	205
17	KHATA Kamal	187
18	PAREKH Harshad P	185
19	SONI Ramesh D	182
20	DIWAN Praveer R	171
21	MEHTA Gautam T	154
22	FANIBANDA A P	152
23	SADH Mamta B	148
24	POPAT Prathamesh D	147
25	NAIR Sashikumar N	145
26	THACKER Shaunak J	142
27	KASBEKAR Vishal	134
28	ABDI Ahmad M	129
29	CARDOZO Patricia	125
30	PANICKER Sureshkumar J	125
31	YADAV Ramchandra	123
32	JOSHI Shakuntala	117
33	BAGLA Alokkumar	99
34	SHIRAZI Mohsain	89
35	RAHI Usha	88
36	TRIPATHI Ramgopal S	86
37	RATHI Vinay A	83
38	KOTANGLE Ashok	81
39	NELSON Rajan P V	30

The members at Serial Nos.1 to 20 are, thus, declared elected as members of the Standing Committee.

OUR THANKS TO

The Association thanks Mr. Hiralal Thacker and Mr. Girish Desai for acting as Scrutineers. The Association also thanks the following members who willingly assisted during the elections and the counting of votes:

Ms. Sweta Doshi
Ms. Bobby Malhotra
Ms. Jyoti Saigal
Mr. Vishwas K. Sawant
Mr. D. S. Mishra
Mr. Avadheshkumar Saxena
Mr. Sukhpreetsingh Kohli

A very special thanks to the staff of High Court Law Library and others, who, as always, cheerfully and willingly stayed after court hours to help us with the counting:

Prakash Berde
Datta Kalaskar
R. S. Pawar
Ramesh Tendulkar
Santosh Rahatwal
Krishna Gurav
Surendra Gardi
Santosh Rane
Ashok Gawde
Tulshidas Gurav
Pandurang Nakashi
Gajanan Pawar
Vandesh Chavan
Prakash Sakpal
V. B. Shintre
Rajan Paudwal

And a very special thanks to Chinnat & Co for keeping the supply of coffee and tea going through the evening. Next time we'll do better by our volunteers.

Gautam Patel
(on behalf of the Honorary Secretary)

For the Bombay Bar Association
room no 57, 3rd floor
bombay high court
m kane marg
bombay 400032
www.bombaybar.com

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LOQUITUR: Reminder-19 September 2011 : Bar Association Elections | AGM 2011

2011-09-19T01:41:24Z

Loquitur :: 3 SEPTEMBER 2011

www.bombaybar.com | 19 SEPTEMBER 2011

notices

Bar Association Elections

September 17, 2011

The Bar Association elections will be held on Tuesday, 20 September 2011 between 10:00 am and 5:00 pm. Mr Hiralal Thacker and Mr Girish Desai, scrutineers appointed for the election, have made the following report:

Only ONE nomination was received for the office of President of the Bar Association, viz., Mr Rohit Kapadia. Mr Kapadia is elected unopposed as the President of the BBA for 2011-2014.
Only ONE nomination was received for the office of Vice-President of the Bar Association, viz., Mr Dara Zaiwalla. Mr Zaiwalla is elected unopposed as the Vice-President of the BBA for 2011-2014.
FOUR valid nominations have been received for the post of Honorary Secretary:
1. CASTELLINO Anita Shekhar
2. NAIR Shashikumar
3. RAO MPS
4. WANDREWALLA Armin
THIRTY NINE valid nominations have been received for 20 seats on the Standing Committee:
1. ABDI Ahmad M
2. BAGLA Alokkumar
3. CAMA Jamshed P
4. CARDOZO Patricia
5. CHAGLA Riyaz I
6. CHITNIS Rahul
7. DHOND Venkatesh R
8. DIWAN Praveer R
9. FANIBANDA Aspi Piroj
10. JOSHI Shakuntala
11. KAPADIA Yash
12. KASBEKAR Vishal
13. KHATA Kamal
14. KOTANGLE Ashok
15. KULKARNI Girish S
16. MEHTA Gautam T
17. NAIR Sashikumar
18. NELSON Rajan P V
19. PANICKER Sureshkumar J
20. PAREKH Harshad P
21. PATEL Gautam
22. POCHKHANAWALLA J F
23. POPAT Prathamesh D
24. RAHI Usha
25. RAJA N
26. RATHI Vinay A
27. SADH Mamta
28. SANCHETI Pradeep
29. SATHE Milind R
30. SEN Sunip Kumar
31. SHAH Satish J
32. SHAH Snehal K
33. SHINDE Dilip A
34. SHIRAZI Mohsain
35. SONI Ramesh D
36. THACKER Shaunak J
37. THAKKER Nitin G
38. TRIPATHI Ramgopal S
39. YADAV Ramchandra

NOTES

There will therefore be an election for the post of Honorary Secretary and for the Standing Committee on Tuesday, 20 September 2011 between 10:00 am and 5:00 pm.

Voting is by secret ballot.

Temporary members who have applied for permanent membership and have paid all dues are also entitled to vote.

Members who have not fully paid their dues are not entitled to vote at the elections.

notices

Annual General Meeting 2011

September 17, 2011

The Annual General Meeting of the Bombay Bar Association will be held on Tuesday, October 4, 2011 at 5.15 pm in the Association's premises in Room No.57. The agenda for the meeting is as follows:

To confirm the minutes of the last Annual General Meeting held on November 18, 2010;
Presentation of the Annual Report by the President;
To adopt the Audited Accounts for the year 2010-2011;
To confirm the appointment of the firm M/s. Ashok Jayesh & Associates as Auditors for the year 2011-2012;
To confirm the results of the elections for the posts of
(a) President
(b) Vice-President
(c) Honorary Secretary
(d) Members of the Standing Committee
Address by the President.
Any other business with the permission of the Chairman of the meeting.

NOTE: Copies of the Minutes of the General Meeting referred to above and copies of the audited accounts are available on request with the Association staff.

Gautam Patel
(on behalf of the Honorary Secretary)

For the Bombay Bar Association
room no 57, 3rd floor
bombay high court
m kane marg
bombay 400032
www.bombaybar.com

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LOQUITUR: 17 September 2011 : Bar Association Elections | AGM 2011

2011-09-17T09:23:03Z

Loquitur :: 3 SEPTEMBER 2011

www.bombaybar.com | 17 SEPTEMBER 2011

notices

Bar Association Elections

September 17, 2011

Only ONE nomination was received for the office of President of the Bar Association, viz., Mr Rohit Kapadia. Mr Kapadia is elected unopposed as the President of the BBA for 2011-2014.
Only ONE nomination was received for the office of Vice-President of the Bar Association, viz., Mr Dara Zaiwalla. Mr Zaiwalla is elected unopposed as the President of the BBA for 2011-2014.
FOUR valid nominations have been received for the post of Honorary Secretary:
1. CASTELLINO Anita Shekhar
2. NAIR Shashikumar
3. RAO MPS
4. WANDREWALLA Armin
THIRTY NINE valid nominations have been received for 20 seats on the Standing Committee:
1. ABDI Ahmad M
2. BAGLA Alokkumar
3. CAMA Jamshed P
4. CARDOZO Patricia
5. CHAGLA Riyaz I
6. CHITNIS Rahul
7. DHOND Venkatesh R
8. DIWAN Praveer R
9. FANIBANDA Aspi Piroj
10. JOSHI Shakuntala
11. KAPADIA Yash
12. KASBEKAR Vishal
13. KHATA Kamal
14. KOTANGLE Ashok
15. KULKARNI Girish S
16. MEHTA Gautam T
17. NAIR Sashikumar
18. NELSON Rajan P V
19. PANICKER Sureshkumar J
20. PAREKH Harshad P
21. PATEL Gautam
22. POCHKHANAWALLA J F
23. POPAT Prathamesh D
24. RAHI Usha
25. RAJA N
26. RATHI Vinay A
27. SADH Mamta
28. SANCHETI Pradeep
29. SATHE Milind R
30. SEN Sunip Kumar
31. SHAH Satish J
32. SHAH Snehal K
33. SHINDE Dilip A
34. SHIRAZI Mohsain
35. SONI Ramesh D
36. THACKER Shaunak J
37. THAKKER Nitin G
38. TRIPATHI Ramgopal S
39. YADAV Ramchandra

NOTES

There will therefore be an election for the post of Honorary Secretary and for the Standing Committee on Tuesday, 20 September 2011 between 10:00 am and 5:00 pm.

Voting is by secret ballot.

Temporary members who have applied for permanent membership and have paid all dues are also entitled to vote.

Members who have not fully paid their dues are not entitled to vote at the elections.

notices

Annual General Meeting 2011

September 17, 2011

The Annual General Meeting of the Bombay Bar Association will be held on Tuesday, October 4, 2011 at 5.15 pm in the Association's premises in Room No.57. The agenda for the meeting is as follows:

To confirm the minutes of the last Annual General Meeting held on November 18, 2010;
Presentation of the Annual Report by the President;
To adopt the Audited Accounts for the year 2010-2011;
To confirm the appointment of the firm M/s. Ashok Jayesh & Associates as Auditors for the year 2011-2012;
To confirm the results of the elections for the posts of
(a) President
(b) Vice-President
(c) Honorary Secretary
(d) Members of the Standing Committee
Address by the President.
Any other business with the permission of the Chairman of the meeting.

NOTE: Copies of the Minutes of the General Meeting referred to above and copies of the audited accounts are available on request with the Association staff.

Gautam Patel
(on behalf of the Honorary Secretary)

For the Bombay Bar Association
room no 57, 3rd floor
bombay high court
m kane marg
bombay 400032
www.bombaybar.com

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Loquitur : 3 September 2011

2011-09-03T08:52:24Z

Loquitur :: 3 SEPTEMBER 2011

www.bombaybar.com | 3 SEPTEMBER 2011

ARTICLE

Not Enough Lawyers

September 3, 2011

"OVERLAWYERED" is the name of a widely read blog on America's legal system, and many Americans feel that way. Yet three economists think the country is actually plagued by too few lawyers, not too many. Clifford Winston and Robert Crandall of the Brookings Institution, a think-tank, and Vikram Maheshri of the University of Houston, published a book last month arguing that barriers to entry have kept the number of lawyers artificially low for decades. This--combined with an economy over-regulated by lawyers who go on to politics--results in an unearned premium on legal wages. ... More at the Economist

ARTICLE

Law and Literature

September 1, 2011

Several noted authors in history have been lawyers or law students. Kafka was a small time legal clerk. Shakespeare's discussions on law and politics are very impressive. Men like Nehru, a consummate historian, or Gandhi, or Dr. B.R. Ambedkar wrote prolifically and on vastly differing topics. Recently, the Supreme Court quoted Joseph Conrad's Heart of Darkness to illustrate colonisation for mineral wealth. Law students today however, read almost because they have to, not because they like to. Shubhodeep Shome reminds us on myLaw.net that laws are based on texts and that it is disrespectful to treat the message as more important that the messenger.

By special arrangement with Mylaw.net, an initiative of Rainmaker. � Mylaw.net. All rights reserved.

Gautam Patel

For the Bombay Bar Association
room no 57, 3rd floor
bombay high court
m kane marg
bombay 400032
www.bombaybar.com

ARTICLE

Bookworm

September 1, 2011

To many people at NLSIU, the library, a monstrous building, is a necessary evil and an unpopular place to visit. Geetha Hariharan explains on mylaw.net why the library is a beautiful place; a haven for lost souls, a jamboree for social ones, and a temple for quiet ones.

department of the absurd : in joco veritas

so you want to go to law school

See it on Y ouTube

Contract law

The professor of a contract law class asked one of his better students, "If you were to give someone an orange, how would you go about it?"

The student replied, "Here's an orange."

The professor was outraged. "No! No! Think like a lawyer!"

The student then replied, "Okay. I'd tell him 'I hereby give and convey to you all and singular, my estate and interests, rights, claim, title, claim and advantages of and in, said orange, together with all its rind, juice, pulp, and seeds, and all rights and advantages with full power to bite, cut, freeze and otherwise eat, the same, or give the same away with and without the pulp, juice, rind and seeds, anything herein before or hereinafter or in any deed, or deeds, instruments of whatever nature or kind whatsoever to the contrary in anywise notwithstanding...'"

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PRIVACY POLICY

Loquitur: 20 August 2011: Suggestions on the Lokpal Bill 2011

2011-08-20T07:23:30Z

20 August 2011

Suggestions on the Lokpal Bill 2011

The attention of members is drawn to the public notice that appeared in the Times of India among other newspapers on 20 August 2011, inviting suggestions in regard to the Lokpal Bill 2011. The last date for submission of Memoranda is 4 September 2011.

Soft copies of the Government Lokpal Bill 2011 (Bill No. 39 of 2011) and of the Jan Lokpal Bil as of June 2011l are available for download in PDF format from the Association's website.

Download

The Standing Committee of the Bar Association will meet shortly to decide on a course of action in response to this public notice.

Members' attention is also drawn to our previous posting on the subject, which has links to other relevant documents.

Gautam Patel

For the Bombay Bar Association
room no 57, 3rd floor
bombay high court
m kane marg
bombay 400032
www.bombaybar.com

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Loquitur: 19 August 2011: Elections; Parliamentary Bills; Articles

2011-08-19T01:11:07Z

19 August 2011

Bar Association Standing Committee Elections 2011

Elections to the Bar Association's Standing Committee will be held on Tuesday, 20 September 2011 between 10:00 am and 5:00 pm in the Association premises.

The following are to be elected

President : one seat
Vice-President: one seat
Honorary Secretary: one seat
Standing Committee: 20 seats

Nomination forms are available with the Association staff. All nominations must be received by 5:00 pm on 29 August 2011. The last date for withdrawals is 5 September 2011, by 5:00 pm.

Voting is by secret ballot and all members are required to study the Rules (particularly Rule 5) of the Association's Rules. Temporary Members who have applied for Permanent Membership and paid their dues are entitled to vote. Note that the annual membership subscription of the Association must be paid by 20 August 2011, with all arrears if any (see Rule 15). Those who have not paid their dues are disqualified from standing for elections or voting at them.

Commercial Division of High Courts Bill 2009

The Commercial Division of High Courts Bill, 2009 has been passed by the Lok Sabha. This is an important bill for the Bombay High Court and particularly for members of this Association. If enacted, it will change the manner of disposal of a certain class of "commercial" cases.

Before the Select Committee of the Rajya Sabha presented its report on 29 July 2010, it held meetings with various groups throughout the country. A hearing was held in Mumbai in May 2010. The Bombay Bar Association appeared before the Select Committee and also filed detailed submissions. This is noted in the report of the Select Committee. We were the only lawyers' association in Mumbai to file comprehensive submissions. This Bill has far-reaching consequences.

Digital copies of the relevant documents are available online:

The Commercial Division of High Courts Bill 2009
Summary of the Commercial Division of High Courts Bill, prepared by PRS India
A legislative brief on the Commercial Division of High Courts Bill, prepared by PRS India
The Select Committee Report -- note the two dissents. The report is made available courtesy PRS India
Representation by the Bombay Bar Association, 31 May 2010.

A more detailed study of final Report, and a comparison between this Association's suggestion and the final recommendations, will be made available shortly.

Members are encouraged to send in their views and comments on the Bill. Please email these to webadmin [@] bombaybar.com.

Article: Substitute Advocates

What authority enables one advocate appear on behalf on another in proceedings before a court, where the former has not been specifically authorised to appear by the client? Juniors, associates, and 'brother lawyers' appear on behalf of each other on a daily basis, seeking dates or adjournments and occasionally addressing arguments in court. The Punjab and Haryana High Court recently dealt with the legitimacy of this practice. Animesh Sharma's report of the judgment is on myLaw.net.

Lokpal Bills and the BBA resolution at the EOGM

At its Extraordinary General Meeting, the Association passed the following resolution:

"IT IS HEREBY RESOLVED that this House condemns all forms of corruption and supports the people's movement against corruption. This House also condemns any restraint on the right to non-violent protest."

Given the confusion and many misdirections about the actual text of the two competing drafts of the Lokpal Bills, for the benefit of our members, we have made both drafts available online: The latest version of the Government's Lokpal Bill 2011 (Bill No.39 of 2011); and the Jan Lokpal Bill as of June 2011.

PRS Legislative Research has prepared a helpful tabulated summary comparison of the two bills, and a more detailed summary of the government bill.

Additional documents and materials are available on the Union Ministry of Personnel, Grievances and Pensions' website.

Article syndication from Mylaw.net

The Bar Association introduces a web-only tie-up with MyLaw.net, an initiative of Rainmaker. We plan to carry short synopses of articles of interest to our members and which are published on MyLaw, with click-through links to the full article. The first two articles appear today.

Members are encouraged to sign up at MyLaw (free registration). The site has a wealth of articles of general and specialized interest--from Shammi Kapoor and Kaun Banega Crorepati to questions of territorial writ jurisdiction.

Of special interest to our members is their section on video interviews with the leading lawyers in the country, including several Senior Advocates who are members of this Association (Ashok Desai, Iqbal Chagla, Ghoolam Vahanavati among others).

Article: The darkest hour

In one of the biggest paradoxes of modern India, (Retd.) Justice P.N. Bhagwati, a champion of human rights law and Public Interest Litigation, is also believed to have put the final nail in the coffin of democracy, through his decision in A.D.M. Jabalpur v. Shivkant Shukla (AIR 1976 SC 1207). Speaking to Rainmaker's Aju John about his judgment, the former Chief Justice of India refused to absolve himself and its impact on modern Indian legal history. Watch the video on myLaw.net.

Gautam Patel

For the Bombay Bar Association
room no 57, 3rd floor
bombay high court
m kane marg
bombay 400032
www.bombaybar.com

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Loquitur: 17 August 2011: Emergency Extraordinary General Meeting of the Association on 18 August 2011

2011-08-17T20:27:14Z

17 August 2011

Emergency Extraordinary General Meeting of the Bombay Bar Association

The Honorary Secretary of the Association has convened an Extraordinary General Emergency Meeting at 2.20 p.m. of the Bar Association to consider and, if thought fit, to pass the following Resolution and thereafter for members of the Bar to congregate outside the High Court Building (Honkong Bank Entrance) at 2.45 p.m. on Thursday, 18th August, 2011 in support of the movement against corruption led by Shri. Anna Hazare.

"IT IS HEREBY RESOLVED THAT this House supports the movement against Corruption led by Shri. Anna Hajare.

This House also condemns the Action initiated by the police preventing Shri. Anna Hajare and his team from conducting their protest in Delhi.

This House calls upon the Government to forthwith withdraw the restrictions imposed on Shri. Anna Hajare and his team."

Gautam Patel

For the Bombay Bar Association
room no 57, 3rd floor
bombay high court
m kane marg
bombay 400032
www.bombaybar.com

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Loquitur: 12 August 2011: The Bombay High Court enters its 150th year: inaugural event on 14 August 2011 at 10:00 am in the Central Court

2011-08-12T12:02:13Z

12 August 2011

The Bombay High Court : 150 Years

THE HON'BLE THE CHIEF JUSTICE AND OTHER PUISNE JUDGES of the Bombay High Court extend a personal invitation to all members of the Bar to attend a function to usher in the 150th year of the Bombay High Court. The Hon'ble the Chief Justice and the Hon'ble Dr D Y Chandrachud visited the Bar Association and the Bar Library on 11 August to personally invite our members; and so, too, members of the Advocates' Association of Western India today.

This Sunday, 14 August 2011, a special event will be held in Court Room No. 46 at 10:00 am as the High Court enters its 150th year. As seating is limited in Court Room 46, special arrangements have been made for our members in Court Rooms 43 and 49 where the entire proceedings will be relayed on projection screens. The event will be followed by lunch: service arrangements have been made in the Bar Association, and in the hall and judges' lounge on the fourth floor of the Annexe Building.

The Bombay High Court was formally inaugurated on 14 August 1862 -- a fortuitous date, for 85 years later, at 11:35 pm on 14 August 1947, the judges of the High Court, members of the Bombay Bar Association, the Advocates' Association of Western India and the Bombay Incorporated Law Society, officers of the court, the entire court staff and several members of the public met in the Central Court. The last British Chief Justice, Sir Leonard Stone and his companion justices, all formally attired as they would be in a regular sitting of the court, arrived at 11:45 pm. The Chief Justice addressed the gathering and, at a minute to the midnight hour, requested all to stand in silence for a minute. At the stroke of midnight, the Indian tricolour was hoisted on a special flagpost put up in court, and another on the flagstaff of the building, where it has been since.

Gautam Patel

For the Bombay Bar Association
room no 57, 3rd floor
bombay high court
m kane marg
bombay 400032
www.bombaybar.com

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Loquitur: 11 April 2011 : Re-launch of PB Vachha's book, Famoous Judges, Lawyers and Cases of Bombay, and more

2011-04-10T08:21:37Z

11 April 2011

Release of PB Vachha's Book: Famous Judges, Lawyers and Cases of Bombay

Friday, 15 April 2011 | Central Court (Court Room NO. 46) | 5:30 pm | Open to all

First published nearly fifty years ago in 1962, it's been out of print for several decades. Those who have a copy do not lend it. Now, with an introduction by Soli Sorabjee, P B Vaccha's marvellous book, Famous Judges, Lawyers & Cases of Bombay has been republished by Universal Law Publishing and will be released next week.

The Hon'ble the Chief Justice of the Bombay High Court, Mr Justice Mohit Shah, will release the book on Friday, 15 April 2011 at a special function to be held in the Central Court. The Hon'ble Mr Justice S. P. Bharucha, former Chief Justice of India, is the Chief Guest. Mr Soli Sorabjee will introduce the book. The function will be held at 5:30 pm and is open to all.

About the book

Described as a "judicial history of Bombay during the British Period", Vaccha's book is more than a mere re-telling of legends of the Bombay High Court. In the first four chapters, he traces the development and growth of the judiciary in Bombay from 1672 to the establishment of the High Court 210 years laters. He then looks at the next eight decades of the Bombay Court. The chapter on historical cases still makes compelling reading, particularly the sections on the three Tilak trials (the postscript to the last of which created a controversy when the book was first released).

BabyBaristaBlog: Perverting the course of justice

Guardian | 5 April 2011

"I really don't know what to do."

It was one of the third six pupils today as he turned to OldSmoothie for advice.

"How can I help?" he replied in a somewhat disingenuous caring sharing type of voice.

"I think my client was lying and we still won."

OldSmoothie burst out laughing. "Young man, if we worried every time we perverted the course of justice we'd be worrying twenty-four seven. Victories against all the evidence are the best of the lot. It's the mark of a good barrister."

Read it all

BabyBaristaBlog: Hearing voices

Guardian | 7 April 2011

"My opponent's voice completely changed when he went into court today," said TheVamp. "One minute, he was negotiating all down to earth and normal and then suddenly..."

"His voice flew to the back of his throat?" said TheBusker.

"Yes. As if on entering the court he suddenly felt the need to sound posh."
"I've had that quite a few times," said TheBusker. "It's as if they've watched too many ancient courtroom movie scenes and think that's how a barrister should speak."

"Straight from Uxbridge to Oxbridge," said OldSmoothie.

"He was definitely that type," said TheVamp, ignoring the last comment. "Every few words of his cross-examination seemed to involve an 'I put it to you'."

"Ouch," said TheBusker.

"Along with mentioning 'the great common law of England and Wales' and worst of all 'passed by our sovereign mother of all parliaments' in the context of the Road Traffic Act."

"Sounds like a solicitor-advocate to me," said OldSmoothie.

"You're hardly one to start casting aspersions about airs and graces," said BusyBody. "The king of long-winded pomposity himself."

Read it all

The QC, the supreme court and the lucrative brief

Guardian | 7 April 2011

Jonathan Sumption, tipped to join the supreme court, is said to want to fulfil his commitment to Roman Abramovich first

Jonathan Sumption QC arriving at the high court in London.
Photograph: BEN STANSALL/AFP/Getty Images

Built on the site of a sanctuary tower where notorious fugitives once evaded medieval justice, the supreme court - and its comings and goings - still exert a unique fascination among the law-enforcement community.

With its approved complement of 12 distinguished judges already reduced by the recent retirement of Lord Saville, of Bloody Sunday fame, and about to decline further with the imminent departure of Lord Collins, there are now two eagerly, competed for vacancies at the highest court in the land.

Along with its elevated legal status, the position of justice of the supreme court enjoys a salary of �206,857. Interviews were held in January and speculation has swirled around the names of potential candidates.

Sumption, described on his chambers biography as "an accomplished historian" is also a Judicial Appointments Commissioner. The selection panel convened by the lord chancellor to chose the new justices will, among others, have a member drawn from that commission. ...

But Sumption has meanwhile landed a prestigious brief, representing the Russian oligarch Roman Abramovich for a courtroom showdown with his rival Boris Berezovsky. His fee for the much anticipated contest over oil industry ownership is said to be stupendous. (Brick Court chambers insist the sum is a confidential matter and brush aside mention of "millions".)

Read it online.

J&J Judgment In Stent Patent Suit Climbs To $593M

Law360 | Carolina Bolado | 31 March 2011

New York -- A federal judge in Texas added $111 million in pre-judgment interest Thursday to a $482 million verdict against Johnson & Johnson for allegedly infringing a patent held by a New Jersey radiologist with its popular coronary stent Cypher.

In addition to the pre-judgment interest, Judge T. John Ward of the U.S. District Court for the Eastern District of Texas ordered Johnson & Johnson and its subsidiary Cordis Corp. to pay for the court costs of patent owner Bruce N. Saffran.

Saffran brought the suit in 2007, saying the defendants' drug-eluting coronary stents infringed the patent he secured in 1997. The patent-in-suit is U.S. Patent Number 5,653,760, titled "Method and apparatus for managing macromolecular distribution."

The jury's January verdict had found Johnson & Johnson and Cordis guilty of willful infringement, opening up the possibility for treble damages. ...

Saffran claimed that through his invention, the companies had earned more than $20 billion. More online.

Privacy, libel or protection of reputation?

Guardian | 8 April 2011

Two distinct legal avenues of complaint are melding into one, and it could be bad news for both media defendants and claimants

A very small bit of legal history was made on Wednesday when court rules were changed to allow "statements in open court" in privacy cases as well as in defamation cases. Statements in open court have long been used to give publicity to libel complaints that have been settled � usually on the basis of a retraction, an apology and damages � without the need for a trial.

Increasingly, privacy and libel, once two distinct legal avenues of complaint, seem to be morphing into one big "protection of reputation" lump. Take Max Mosley's privacy action concerning revelations about his sex life. It turned on whether a tabloid allegation that his sessions with sex workers involved Nazi role play was true or false, and looked very much like a defamation case from some angles. "I am delighted with that judgment, which is devastating for the News of the World," said Mosley after the high court awarded him an unprecedented �60,000 for breach of privacy. "It demonstrates that their Nazi lie was completely invented and had no justification."

Read in online.

India's Corruption Scandals Start to Worry Investors

Law.com | Kian Ganz | 6 April 2011

This past Saturday, India's Central Bureau of Investigation unveiled corruption charges against Andimuthu Raja, India's former minister for communications and information technology, and several others. Raja allegedly rigged the allocation process for mobile telecommunications bandwidth to favor certain companies, possibly costing the government a whopping $40 billion in lost license fees. The ex-minister has not yet responded to the charges, but had previously said he is innocent.

The scandal is by far the largest but not the only instance of corporate misconduct to have hit India in recent months. And lawyers in the market say they are beginning to see an impact on investor confidence.

"In my view, most of the deals in late stages are getting concluded, but a lot of the deals in the early stages are now getting put on hold," says Rajiv Luthra, managing partner of Luthra & Luthra, one of Delhi's leading corporate firms.

Madhurima Mukherjee, a capital markets partner also at Luthra & Luthra, says foreign investors are taking a closer look at deals in light of the scandals. "Some investors are probing further," she says. "Some sectors are more sensitive than others and they are a bit more cautious about that. Especially the global investment banks, they have their internal compliance guys looking at this very, very carefully."

Corruption is hardly a new phenomenon in India, but the scale of the recent scandals and the involvement of high-profile figures set them apart.

More online (requires free registration).

Gupta Counter-Swings Against SEC's Dodd-Frank Squeeze Play

Westlaw News | 23 March 2011

March 22 (Westlaw Business) A counterpunching Rajat Gupta has come out swinging in the latest round of Gupta v. SEC. This bout offers more than just sensational headlines: an immensely powerful new Dodd-Frank tool, the civil cease-and-desist proceeding, looms large in the center of the ring. Whether the SEC can employ the device retroactively remains to be seen, but at a minimum, the landscape of insider trading prosecutions could be in for a dramatic and controversial shift.

Filing a complaint in federal district court in Manhattan, Gupta has sought declaratory and injunctive relief in an urgent bid to stave off a civil cease-and-desist proceeding brought by the SEC under the aegis of the Dodd-Frank Wall Street Reform and Consumer Protection Act. Gary P. Naftalis of Kramer, Levin, Naftalis & Franke signed the complaint on Gupta's behalf, with Lawrence F. Robbins of Robbins, Russell, Englert, Orseck, Untereiner & Sauber appearing as of counsel.

With the clock running out on his time to answer the SEC's allegations In the Matter of Rajat K. Gupta, Gupta filed his own collateral action arguing among other things, that: (1) �929P of Dodd-Frank has been improperly applied retroactively; (2) Gupta himself has been unfairly and unconstitutionally singled out by the SEC; (3) the SEC cannot establish a prima facie case of insider trading against him, as notwithstanding other defects, the Commission cannot prove scienter or that Gupta personally profited from the allegedly illegal trades of Galleon's Raj Rajatnaram; and (4) the SEC's administrative proceeding will compromise Gupta's due process rights.

More online

In packed courtroom, 1st Circuit weighs challenge to copyright damages

Law.com | Sheri Qualters | 4 April 2011

Whether Congress intended the Copyright Act's damages provision to apply to consumers and whether the 1st Circuit should overrule its statutory language were up for debate at the U.S. Court of Appeals for the 1st Circuit on April 4.

The oral arguments in Sony BMG Music Entertainment v. Tenenbaum probed whether the Copyright Act's damages provision violates the U.S. Constitution's due process clause. The act allows for damages of $750 to $30,000 for each infringement, which can balloon to $150,000 for each act of willful infringement.

The closely watched case filled the 1st Circuit's courtroom and about 60 seats in an overflow courtroom equipped with a video feed of the oral argument.

Chief Judge Sandra Lynch and judges O. Rogeriee Thompson and Juan Torruella sat on the panel.

In the underlying case, a District of Massachusetts jury awarded a $675,000 verdict against Boston University graduate student Joel Tenenbaum in July 2009. The number boiled down to $22,500 for each of 30 songs whose copyright Tenenbaum infringed.

More online. Requires free registration

Gautam Patel

For the Bombay Bar Association
room no 57, 3rd floor
bombay high court
m kane marg
bombay 400032
www.bombaybar.com

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