The Delhi High Court Today (Dec 17) referred a suit filed by Medecins Sans Frontieres/ MSF (Doctors Without Borders) against Dharma Productions over the use of the MSF trademark in a scene in the Alia Bhatt-starrer film Jigra to mediation. After hearing preliminary submissions, Justice Mini Pushkarna referred to case to mediation and ordered the parties to appear before the Mediation Centre on December 24.
Justice Hrishikesh Roy, born on February 1, 1960, assumed office on September 23, 2019, and will retire on January 31, 2025. He has authored 70 judgments, focusing on diverse legal issues. A reformative judge, he has initiated significant legal programs and films to enhance mediation and support racial discrimination victims.
Chief Justice of India Sanjiv Khanna highlighted the importance of a strong Bar for an effective judiciary, advocating for a minimum stipend for junior lawyers to combat financial insecurity. He emphasized the essential role of lawyers in the justice system, the need for alternative dispute resolution, and collective responsibility in addressing legal challenges.
The Supreme Court dissolved a couple’s marriage, recognizing it had irretrievably broken down after failed mediation efforts. Citing constitutional discretion, the court emphasized the necessity of ending a non-functional marriage and ordered the husband to pay Rs 13 lakh in alimony and Rs 7 lakh for their daughter’s welfare.
Arjun Ram Meghwal, Minister of State for Law and Justice, highlighted Lord Krishna’s role as the first mediator during the launch of an Arbitration Centre at the Kerala High Court. He emphasized the importance of small compromises to avoid greater disputes and discussed legislative efforts to enhance arbitration effectiveness. The Centre aims to address judicial backlog and provide cost-efficient dispute resolution.
During his visit to the UK Supreme Court, Chief Justice DY Chandrachud was offered the President’s seat to deliver his lecture on “Commercial Arbitration: Shared Understandings and Developments in UK and India.” He commended the Indian judiciary for its immense caseload and discussed the increasing relevance of alternative dispute resolution methods like arbitration and mediation.
The Bar Council of India has directed legal education centers to make significant changes to their curricula, including new compulsory subjects and the adoption of three new criminal justice laws. These changes, effective from 2024-2025, aim to modernize legal education to address contemporary challenges and align with the nation’s evolving legal landscape. Compliance is mandatory.
Last week(on Thursday), Justice K V Viswanathan, in a seminar by ‘Nivaaran-Mediators of the Supreme Court,’ stressed the crucial role of mediation in resolving disputes. He highlighted its transparency and efficacy in providing relief amid a mounting caseload. He advocated for a mediation culture in India, emphasizing the urgent need to address the significant backlog of cases through this approach, promoting its advantages and potential.
The Delhi High Court Yesterday (March 7th) highlighted the importance of mediation by referencing religious texts like the Gita,Ramayana and Bible. However, it emphasized that cases under the Protection of Children from Sexual Offences Act (POCSO Act) cannot be settled through mediation. The court rejected a father’s plea to reinstate a POCSO complaint, citing the passage of time and the children’s involvement in personal disputes.
The Delhi High Court has referred Gautam Gambhir’s defamation lawsuit against Punjab Kesari and its journalists to mediation, signaling a potential for amicable settlement. The lawsuit arose from allegedly defamatory articles published by the newspaper, prompting Gambhir to seek restraints, an apology, and damages. The move towards mediation signifies the judiciary’s role in resolving such disputes.