Arguendo

Arguendo is the Core Project in the Lex Coterie Group of Organizations.

Monday, 29 May 2017

Dr. Tharoor v. Arnab Goswami & Anr. Brief Court Proceedings of 29.05.2017





After intense arguments, which went on for 45 mins today, during which time Justice Manmohan, of the Delhi High Court, gave a patient hearing to both parties during this 45 minutes, Justice Manmohan clearly stated that he was reluctant to pass any gagging/restraint order against the Defendants. 

Dr. Sashi Tharoor had filed a civil defamation case for the compensation of Rs. 2 Crore before the Delhi High Court.  His Counsels have contended that as Dr. Tharoor resided in Delhi and the Defendants have an office in Delhi and that his show was telecasted in Delhi, the Delhi High Court does have jurisdiction.

Though Justice Manmohan took note of the fact that the media house can publish facts related to the incident as there is no charge sheet since three and a half years, the judge categorically noted that such name calling including usage of words like "masquerading criminal" by Defendant was uncalled for and that he has a right to silence. Nevertheless, the Judge stated that no one could be restrained to put out facts to the public. 

Senior Advocate and Congressman Salman Khurshid appeared for Shashi Tharoor. Referring to the reporting style of Goswami, he stated that the kind of language used by the defendants is unacceptable.


As per the Counsels representing Dr. Tharoor, the 2 Crore compensation he has asked for will be completely donated to some NGO in the memory of his late wife.  

“I am not asking for a gag order but they cannot continue like this. The police has not reached any conclusion. He must be protected.”
Senior Advocate Mr. Sandeep Sethi, appearing on behalf of defendant stated at the outset that he could prove every word spelled by his clients in the show and that calling Dr. Tharoor a masquerading criminal was a retaliation of Dr. Tharoor's tweet. However, Mr. Sethi offered to speak to his clients about the Lordships views. 

The matter stands adjourned to 16.08.2017 with the Court issuing summons to the defendants. 
Reply to the suit and rejoinder thereto is to be filed before the next date of hearing.




It is perhaps interesting to note that Justice Manmohan is not only presiding over this matter but is also presiding over the Times of India vs Republic case, with respect to the very same tapes. 
Would either of the cases affect the other? Only the Delhi High Court can tell.

Friday, 26 May 2017

Sashi Tharoor files defamation suit against Arnab's Republic


Congress politician Shashi Tharoor on Friday filed a defamation case in the Delhi high court against senior television journalist Arnab Goswami over the airing of alleged defamatory remarks by the latter’s Republic TV with regard to the death of Tharoor’s wife Sunanda Pushkar.



The suit, drafted by the Office of Senior Advocate Salman Khurshid, is to be heard by the court on 29 May 2017.


The first hearing for the suit, bearing no. CA (OS) 253/2017, has been posted on Monday, 29th of May, 2017. It has been listed as Item No 23 before Court Hall 24 presided by the Hon'ble Justice Manmohan, Delhi High Court.  There are also 3 separate Interim Applications listed in this matter. 


As per our sources, the IA's filed are;
a) Permission to file adequate Court Fee at a later date.
b) Section 65B IT Act certificate for electronic evidence of The Republic show.
c) Interim Injection restricting Republic from reporting anything more on this matter.




Check Cause List of Monday, 29th May 2017 HERE

Thursday, 25 May 2017

Faculty Applications at NALSAR Hyderabad - Deadline 30th June, 2017






NALSAR University of Law, Hyderabad, a premier institution of eminence invites applications for the following regular positions:

1) Assistant Professor (History):02 (Two)

2) Assistant Professor (Political Science):02 (Two)

3) Assistant Professor (English):03 (Three)

4) Assistant Professor (Economics): 02 (Two)

5) Assistant Professor (Sociology): 01 (One)

6) Assistant Professor (Law): 02 (Two) Unreserved; 02 (Two) SC and 01 (One) ST


Download notification and application form HERE

Law Commission invites Applications for Panel Consultants - Deadline 23rd June, 2017


The Law Commission intends to prepare a panel of Consultants to assist the Commission in its broad-based research work on the projects in hand. From the panel, the Law Commission will avail the services of suitable candidates by engaging them on the basis of their research skills and project related expertise, if any, which is relevant to the terms of reference of the present Law Commission.




Terms and conditions for engagement as Consultant:

(i) A Consultant will be paid an honorarium of Rs. 30,000/- per month.(Fixed);
(ii) The headquarters of the Consultants shall be at the Law Commission of India, New Delhi. 
(iii) In case the information furnished by the applicant is found to be false at any stage, the same will invite disqualification and/or action as deemed appropriate by the Law Commission of India, whose decision shall be final and binding. 
(iv)The Law Commission of India in line with the prevailing Government policies, procedures may specify any other conditions/ guidelines as considered appropriate during the period of engagement of the Consultant. 



For more details check notification HERE