Page 6 - Lawyers

SC pulls up Sukesh over plea seeking extension to meet lawyers in jail

The Supreme Court on Tuesday rapped alleged conman Sukesh Chandrasekhar for filing a plea seeking extension of time to meet and consult his lawyers in the Mandoli jail here. A bench of Justices Ajay Rastogi and Bela M Trivedi said visitation is already being provided to Chandrasekhar as per prison rules. "You give the name of the lawyers, we will ask the jail authorities to allow your lawyers stay in the jail. What kind of statement you are making in this court? Do you want a privilege in jail? the bench remarked. The counsel appearing for Chandrasekhar submitted that 28 cases are pending against his client in six cities and more than 10 lawyers have been engaged. According to jail rules, only 30 minutes twice a week is being given to meet lawyers, which is not sufficient, his lawyer said, adding his client's right is being contravened. The apex court then said in its order, "It is not is dispute that visitation is provided to the petitioner in compliance of jail rules. What is be

Cartier's use of Amazon tribe's images prompts lawyers to allege hypocrisy

Until two months ago, Cartier's website showed Yanomami children playing in a green field. The French luxury jewellery brand said it was working to promote the culture of the Indigenous people and protect the rainforest where they live, in a vast territory straddling Brazil and Venezuela. But the project that the site described protecting the Amazon never took place. And Cartier published the photo without the approval of Yanomami leadership, violating the beliefs of a people who had been living in almost total isolation until they were contacted by outsiders in the 1970s. Some of the Yanomami and their defenders praise Cartier's promotion of Yanomami causes. However, advertising by one of the world's biggest jewellers with images of an Indigenous people devastated by illegal gold mining has some complaining of greenwashing, a corporation promoting its own image by supporting a cause. How can a gold jewellery company, which we, the Yanomami people, are against, use the image of the

Veteran corporate lawyer Rajiv Luthra passes away: A look at his legacy

A first-generation lawyer, Rajiv Luthra set up the law firm Luthra and Luthra in 1989. The firm burnished its reputation by pioneering taxation and corporate law in India

SC censures Bar association for obstructing lawyers as volunteers

The CJI also said that denying someone legal aid amounted to criminal contempt

BCD to reconsider notification making ID with NCR address compulsory

An advocate and Delhi University alumna has filed a plea before the high court challenging the BCD's notification

SC must let legislature decide on same-sex marriage: Bar associations

The coordination committee of all district court bar associations of Delhi said on Monday the issue of same-sex marriage being heard by the Supreme Court should instead be decided the legislature. The apex court is hearing a clutch of petitions seeking legal sanction for marriage between homosexual couples. In a resolution, the committee said the social ramifications of the ongoing proceedings before the SC are colossal and have the potential for an unintended impact on the social fabric. It is important that issues that have the potential to affect society at large are discussed and debated in the Parliament where elected representatives can take into account the views and concerns of their constituents, the resolution said. It said the issue is deeply entrenched in societal norms, values, and beliefs and a decision made in isolation, without the benefit of the view of the society, is likely to be ineffective and may even be counterproductive. The resolution also said the issue .

Lawyers can't go on strike or abstain from judicial works, says SC

The Supreme Court on Thursday said lawyers cannot go on strike or abstain from work and directed all high courts to constitute grievance redressal committee at the state level headed by the chief justice, where advocates could make representations for redressal of "genuine problems". A bench headed by Justices MR Shah and Ahsanuddin Amanullah said that a separate grievance redressal committees be constituted at district court level to provide a forum, where lawyers could seek redressal of their genuine grievances related to procedural changes in filing or listing of cases or misbehavior of member of lower judiciary. "We once again reiterate that no member of the bar can go on strike...Time and again this court has emphasised that advocates going on strike or abstaining from their work hampers judicial work", the bench said. The court disposed of an application filed by District Bar Association of Dehradun seeking an appropriate forum for redressal of their complaints and directed th

Entry of foreign law firms in India: A move that may change the landscape

In India, the legal profession is regulated by the Advocates Act of 1961, which prohibits foreign law firms from practicing law or establishing offices here

Supreme Court panel to oversee verification of over 2.5 million lawyers

The Supreme Court Monday ordered setting up of a high-powered committee headed by former apex court judge Justice Deepak Gupta to monitor the process of verification of certificate of law practice and other educational degrees of over 25 lakh lawyers in the country, saying it was of utmost importance to preserve the administration of justice. The move comes amid allegations of lawyers with fake degrees practising in courts across the country. Asking lawyers to participate in the exercise, the bench said non-verification of advocates, intended to weed out the fake ones, will bring the administration of justice under serious cloud. The verification of lawyers' degree and certificate to practice is of utmost importance to preserve the administration of justice, a bench comprising Chief Justice D Y Chadrachud and Justices P S Narasimha and J B Pardiwala said. Besides Justice Gupta, the committee will comprise former Delhi High Court Chief Justice Rajendra Menon and retired Allahabad Hi

Lawyers' delegation meets Delhi CM Kejriwal, seeks law for their protection

Expressing concern over their safety, a delegation of the city's lawyers on Saturday met Delhi Chief Minister Arvind Kejriwal and pressed for an act for their protection. The delegation, including members of the coordination committees of district bar associations, claimed that various cases of assault on lawyers have taken place in recent weeks. It pointed to the murder of advocate Virendra Kumar Narwal earlier this month and pressed for a "Delhi Advocate Protection Act". Kejriwal, on his part, assured the delegation of extending all possible support within the Delhi government jurisdiction, according to a statement. The lawyers' delegation claimed that there is a long history of murders, violent attacks, intimidation and damage to property of advocates. They also raised concerns regarding alleged cases of false implications against lawyers and sought the passage of a bill for their protection, the statement said. It said a draft of a proposed bill seeks to ensure adequate prote

Lawyers move Delhi HC, seek law for protection, safe atmosphere to practice

In the wake of the killing of an advocate earlier this month, two lawyers have moved the Delhi High Court for directions to the Centre and the city government to enact a law for protection of legal professionals. Lawyers Deepa Joseph and Alpha Phiris Dayal, in their petition, said there has been an "alarming rise" in incidents of violence inside the court premises in the city and it was "high time now" for a decision to be taken for the enactment of "Advocates Protection Act" to guarantee protection to the fraternity and help remove the fear that has been embedded in their minds. The petitioners stated their concern about their own safety has been "aggravated by seeing the visuals and video of the cold-blooded murder of an influential and senior member of the Bar" and if "Advocates Protection Act" is not passed in Delhi, audacity of criminals to commit crimes against lawyers will increase. Advocate Virender Kumar Narwal, 53, was shot dead in southwest Delhi's Dwarka by two ...

With Covid cases on rise, Madras HC to opt for virtual hearings

With effect from April 10, lawyers have been asked to electronically file all types of cases as well as argue their cases in virtual mode

International arbitration in India: One step forward with new rules

The Bar Council's latest rules go a long way but there are some major hurdles to India's evolution as a global arbitral centre

Support must be given for presence of more women lawyers in courts: CJI

Justice Chandrachud asked the Madras High Court Chief Justice to take initiative for the formation of creches in all the high court as well as all the district courts in the state

Law firms plan fee hikes to retain talent amid 'foreign entry'

Worried about star performers being poached

Foreign lawyers, law firms cannot appear in courts, judicial forum: BCI

The Bar Council of India (BCI) assured Indian lawyers on Sunday that foreign advocates and law firms will not be allowed to appear in any court or judicial forum and that they can only advise their clients about foreign laws and international laws. The BCI assurance came after its recent decision to permit foreign lawyers and law firms to practise in certain areas evoked mixed reactions and created "some misgivings". Recently, the apex bar body took a significant decision to permit foreign lawyers and law firms to practise in areas such as foreign law, international legal issues and arbitration matters, saying that the legal fraternity here may be left behind if it sleeps over the matter. The BCI decision to notify the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022 evoked mixed reactions from bar leaders. "There are some misgivings in circulation about the recently published Gazette notification by BCI regarding en

Entry of foreign law firms will help businesses and law professionals

The Indian legal industry is in a state similar to the Indian manufacturing industry prior to 1991. The BCI has now started the process of liberalisation

Will take up issue of land allotment for lawyers' chambers with govt: SC

The Supreme Court on Friday said it would take up the issue of allotment of land for lawyers' chambers with the government. The top court was hearing a plea moved by the Supreme Court Bar Association (SCBA) to convert a land measuring 1.33 acres allotted to the top court for the construction of lawyers' chambers. A three-judge bench headed by Chief Justice DY Chandrachud asked SCBA president Vikas Singh as to how can a judicial order be passed to take over the land for allotment of chambers. "Lawyers are part of us.... But can we use our own judicial powers to safeguard our own people? It seems like the Supreme Court is exercising its own judicial powers to meet its own needs.... "We must trust the court to take it up on the administrative side with the government. A signal must not go to the government that we can bulldoze their authority by passing judicial orders," the bench, also comprising justices SK Kaul and PS Narasimha, said. The CJI said the government engages with the t

Global law, local practice

BCI's move recognises India's corporate globalisation

Here's what a top lawyer thinks of entry of foreign law firms into India

Reversing a decades-long stance, the Bar Council of India this week permitted firms from certain countries to register in India, open offices and advise local clients on international law