Page 7 - Lawyers

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

Bar council allows foreign lawyers, legal firms to practice in India

The BCI said India was not likely to suffer any disadvantage as a result of the rules

Delhi BJP urges AAP to deposit Rs 21 cr spent on lawyers in excise case

Nearly Rs 21.5 crore has been spent by the AAP on lawyers only for defending the liquor policy cases, adding that it is a matter of concern that how huge the scam will be, Khurana added

CAs, advocates mustn't be arrested sans proof of role in business fraud: HC

Ruling was delivered in a case in which a CA and an advocate were arrested for rendering service to exporters who were alleged to have fraudulently claimed a refund of IGST

Can't ask collegium to rethink decision while applying judicial review: SC

A judge is "judged" everyday by lawyers, litigants and the public as courts are open forum, the Supreme Court said on Friday while holding that it cannot quash the recommendation or call upon its collegium to reconsider its decision on appointment of judges while exercising power of judicial review. The apex court, which had on February 7 refused to entertain two petitions seeking to restrain Lekshmana Chandra Victoria Gowri from taking oath as an additional judge of the Madras High Court, on Friday gave the reasons for dismissing the pleas. A bench of justices Sanjiv Khanna and B R Gavai noted that during the hearing, it was accepted that a number of persons, who have had political backgrounds, have been elevated as judges of high courts and the Supreme Court, and "this by itself, though a relevant consideration, has not been an absolute bar to appointment of otherwise a suitable person". The top court said similarly, there have been cases where people recommended for elevation hav

'We have to keep our fingers crossed,' says top advocate on Victoria Gowri

While the Supreme Court is seized of the matter related to the plea to restrain lawyer Lekshmana Chandra Victoria Gowri from taking oath as a judge of the Madras High Court, a senior advocate, who was among those who opposed her elevation said on Tuesday that they are waiting for the outcome of the proceedings in the apex court. N G R Prasad, a noted senior lawyer told PTI that the plea against Gowri for making 'hate speech' against minorities is with the top court and strong legal points have been made seeking to restrain her from taking oath as judge. However, her swearing-in is scheduled at 10.35 AM on Tuesday in the Madras High Court. Under the circumstances, "We have to keep our fingers crossed," he said. The outcome of the fight against Gowri's appointment hinges on the Supreme Court taking a decision and giving a direction ahead of her swearing-in. In case the swearing-in happens before a direction is received, then the scenario would be different, he said. The SC has said

Rijiju supports view that lawyers with political affiliation can be judges

Law Minister Kiren Rijiju on Sunday appeared to support the view that lawyers with political affiliation can become judges. This comes amid a debate on the issue following a recent recommendation by the Supreme Court Collegium. Rijiju retweeted a post by Supreme Court advocate and former governor Swaraj Kaushal who said that in the past too, sitting members of Parliament representing political parties had been elevated as high court judges. "Justices K S Hegde and Baharul Islam were both sitting Congress MPs when they were appointed as HC judges. Justice V R Krishna Iyer was a Cabinet Minister in Kerala. Once you take the oath of office, you have to live by the oath," Kaushal had tweeted a couple of days ago. Kaushal tagged a news report which said that Madras High Court advocates had urged the SC Collegium to recall its proposal to elevate Victoria Gowri, who had been associated with the BJP, as a high court judge citing her alleged remarks against minorities and political ...