Page 7 - Lawyers

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 ...

Lawyer accused of bribing judges in Kerala moves High Court to quash case

A lawyer accused of taking money from his clients under the guise of settling cases allegedly by bribing judges has moved the Kerala High Court seeking to quash the FIR registered against him in this connection. The police had on February 1 registered a case against Saiby Jose Kidangoor, who is also an officer-bearer of the Kerala High Court Advocates Association, under various provisions of Prevention of Corruption Act and the Indian Penal Code following a complaint. In a petition filed on Friday, Kidangoor stated that the allegations against him were totally "untrue" and the registration of the case was "absolutely unwarranted and illegal." He also claimed that when he declared his candidature for the Advocates Association post, some lawyers targeted him with a campaign to tarnish his reputation. "... the registration of crime no... of the Ernakulam central police station, against the petitioner, is gross abuse of the process of the court and the same is liable to be quashed," th

SC to go paperless with 'Advocate Appearance Portal' from Jan 1, 2023: CJI

In yet another step towards digitisation and making the Supreme Court a paperless court, Chief Justice of India D Y Chandrachud on Friday announced that from New Year, advocates will not be required to file appearance slip manually but would log into Advocate Appearance Portal' to mark their presence. Presently, advocates write their names, along with details like the case and its serial number on a prescribed paper form, to mark their presence in a hearing to ensure that their names get reflected in court orders or judgements. We are streamlining the process of appearance memos. Exactly, what is uploaded by the lawyers, we will get it. The court masters will not have to type it, the CJI said at the start of the judicial proceedings on Friday. Later in the day, the apex court issued a statement stating that manual filing of advocate appearance slip will be a history. On the first working day of the Year 2023; AOR may submit an Appearance Slip through the new portal. The appearance

Professionals serving affluent clients must buy bigger indemnity covers

They should avoid professional indemnity policies with sub-limits or high deductible

Elizabeth Holmes appeals her Theranos fraud conviction, prison term

Lawyers for Holmes, 38, filed a single-page notice of appeal without disclosing on what grounds she will ask the Court of Appeals to overturn the guilty verdict reached by a jury 11 months ago

Plea seeks waiver of enrolment fees for transgenders as lawyers, SC refuses

The Supreme Court on Friday refused to entertain a plea which sought the waiving of registration fee for transgender lawyers charged by the statutory Bar bodies for enrolment, saying such issues do not fall under the parameters of the judicial review. A bench comprising Chief Justice D Y Chandrachud and Justice P S Narasimha said that the parameters of judicial review did not allow constitutional courts to pass orders such as waiver of enrolment fees. "You cannot say that you do not charge an enrolment fee. Why just transgender persons, why not extend this to women, disabled and marginalised persons," the CJI asked. "You must understand the parameters of judicial review." The bench asked why only in the legal profession, such fee waiver should be extended to the medical field also, and said it would dismiss the plea. The counsel for petitioner M Karpagam then decided to withdraw the petition. The top court permitted Karpagam to give a representation to this effect to the Bar Counc

CJI seeks visually impaired lawyer's help to make SC site disabled-friendly

In a bid to make the software used by the Supreme Court accessible to those visually impaired, Chief Justice of India (CJI) D Y Chandrachud sought assistance of senior lawyer S K Rungta and asked him how he follows written arguments of lawyers and gets them converted into a braille document. Rungta, who lost his vision at a very young age, was responding to the written submissions of eminent senior lawyers in a case related to the Maharashtra Electricity Regulatory Commission before a bench which comprised the CJI and Justices Hima Kohli and J B Pardiwala. I wanted to ask you a personal question. I hope you do not mind. The other counsel is citing a compilation, how do you follow it, the CJI asked, adding I am chairing the e-committee as you know, and this (making software accessible to all) is one of my missions." The senior lawyer said he was more than willing to assist the top court in its noble cause and explained how he responds to written arguments in courts instantly. The ..

When lawyers strike, consumer of justice suffers, not judges: CJI

Chief Justice of India D.Y. Chandrachud on Saturday said when lawyers strike, the consumer of justice suffers, the person for whom justice is meant, and not the judges or the lawyers.

Not getting enough lawyers to serve in higher judiciary: Supreme Court

The Supreme Court on Thursday expressed disappointment over not getting enough eligible lawyers for lateral entry into higher judiciary as additional district judges across the country. Lawyers with a minimum of seven years experience can take a competitive examination for lateral into Higher Judicial Services (HJS) as ADJs. A bench headed by Chief Justice D Y Chandrachud was hearing a plea of several unsuccessful candidates of the higher judicial services (HJS) examination held recently in Rajasthan. Refusing to entertain the plea, the bench, also comprising Justices Hima Kohli and J B Pardiwala, asked the candidates to approach the high court instead. The court said it is of the considered view that such a challenge can be raised under Article 226 of the Constitution in the Rajasthan High Court. The counsel, Prashant Bhushan, submitted that the answer sheets be evaluated by a former judge... We leave it open to the petitioners to move the Rajasthan High Court. We request the Chi

Lawyer suing Twitter over layoffs says Elon Musk trying to comply

Attorney Shannon Liss-Riordan said she "will be monitoring the situation" at Twitter to ensure employees receive appropriate notice and compensation.

SC dismisses plea to block Justice Chandrachud's appointment as next CJI

The petition sought contempt proceedings and criminal action against Justice Chandrachud, objected to CJI Lalit hearing the case

DY Chandrachud appointed 50th Chief Justice of India, to take oath on Nov 9

Lauded as a feminist judge for his reasoning, Justice Chandrachud spoke to young law graduates recently and told them to incorporate a feminist way of thinking while dealing with the law

SC takes strong exception to senior lawyer appearing via video conference

The Supreme Court Friday took strong exception to the appearance of a senior lawyer through video conference and directed him to be present in the court physically. A bench of Justices Ajay Rastogi and C T Ravikumar said this behaviour of not coming to the court is unacceptable. "We don't understand this business. Why are you not coming to the court? We are sitting in court from 10 am to 5 pm. This is unacceptable. Lawyers remain physically present in the court to argue the cases. You people just come on screen for five minutes and go back somewhere. You are busy lawyers for various reasons. We don't appreciate this," the bench observed. The bench refused to proceed with the matter for the hearing of which the lawyer had appeared online and sternly asked him to come to the court on Monday. The lawyer yielded. "Whatever the court says is the word of law," he said. The top court has been hearing cases through video conference since March 2020 due to the pandemic. It relaxed or tight

CJI Lalit says lawyers must be rational in thinking, fact-finding in nature

Lawyers must be rational in thinking and fact-finding in nature, Chief Justice of India Uday Umesh Lalit said on Saturday. Addressing a seminar organised by the Bar Council of India in Patna, CJI Lalit said the objective of advocates should be upholding the rule of law. "Lawyers must keep in mind that their objective and motto should be upholding the rule of law. Advocates have a wonderful quality of convincing and catering fundamental inputs to the mind of the public. They must be rational in thinking and fact-finding in nature," he said. Young lawyers should draw inspiration from the inherent qualities of eminent freedom fighters who were lawyers, he said. "Even many freedom fighters were from the legal profession. Young lawyers have a bigger role to play in society," CJI Lalit added. Union Minister for Law and Justice Kiren Rijiju, who also addressed the gathering, said the executive, legislature and judiciary are working in the interests of the nation. "All three pillars shou

CJI U U Lalit asks law graduates to devote time, energy to legal aid work

Chief Justice of India Uday Umesh Lalit urged law graduates on Saturday to devote their time and energy to legal-aid work. Speaking at the ninth convocation of National Law University Odisha here, Lalit called upon the graduates to have absolute passion for the profession and show compassion for people of the country. The CJI said that during his association with the National Legal Services Authority for over a year, he observed that the legal aid work in the country faced neglect at times. Lalit did not elaborate further, but urged the young graduates to devote their time and energy to legal aid work. "Hereafter, the society will be looking forward to your contributions at every juncture," the CJI told the law students. He stated that the profession of law has been one of the frontrunners when it comes to keeping civil rights intact. "History of every society, every country shows that legally-trained minds have been beacons, path breakers and centres of attraction when it comes