Bringing you the Best Analytical Legal News
The Court directed that SCBA Elections shall be held on 20-05-2025 and the result shall be declared preferably on the same date or on 21-05-2025.
A considerable amount of direct control is exercised by the client over the manner in which an advocate renders his services during his employment and the services hired or availed of an advocate will be that of a contract “of personal service”.
Supreme Court reiterated that that an order of affirmation may not require elaborate reasons as required in the case of an order of reversal, but it does not mean that such order of affirmation need not contain any reason at all.
A quick legal roundup to cover important stories from all High Courts this week.
The Court further directed that condition of requirement of enrollment with Delhi Bar Council alone shall not apply in the case of NGT Bar Association.
The Court said directions regarding ensuring reservation of women advocates had been issued by the Supreme Court under Art. 142 and same cannot be done by the High Court.
On 22-12-2024, the Collegium recommended six candidates to be appointed as Judges in four High Courts of India.
On 15-10-2024 the Collegium recommended appointment of Judicial Officers and Advocates as Judges and Additional Judges as Permanent Judges for Kerala, Andhra Pradesh, and Karnataka High Courts respectively.
The Court further stated that power of the Courts either competent Civil Court or Constitutional Court cannot be permitted to be usurped by the Chairman of the Bar Council of India, as was done in the instant case.
The Supreme Court Collegium on 13-8-2024, recommended their names after considering their merit and record.
On 24-9-2024, the Collegium recommended the names stating that their inter se seniority will be fixed as per the existing practice.
The Collegium recommended Advocates Ajay Digpaul, Harish Vaidyanathan Shankar, and Shwetasree Majumder, be appointed as Judges of the High Court of Delhi.
On 13-8-2024, the Collegium recommended 14 names for appointment as Judges in the High Courts of Allahabad, Andhra Pradesh and Gujarat.
The Collegium on 30-07-2024 recommended the names of Bibhu Datta Guru and Amitendra Kishore Prasad, for appointment as Judges of Chhattisgarh High Court.
Respondent 4 was in active practice and possessed cumulatively more than 7 years of active practice.
The timeline was stipulated by the Delhi High Court in a previous judgment for the issuance of identity cards to the law researchers being treated as bona fide advocates.
“Courts should not hesitate in quashing the criminal proceedings which are essentially arising out of civil or commercial disputes between the two parties.”
“Any interpretation of the Preamble or the scheme of the Act for construing ‘Profession’ as ‘Business’ or ‘Trade’; or ‘Professional’ as ‘service provider’ would be extending the scope of the Act which was not intended, rather would have a counter productive effect”
The counsels who adopt such practices, jeopardize the harmony with the Bench along with their professional careers, by ignoring the fact that they are not only required to conduct the case in a fair manner, but while doing so they are also officers of the Court.
“While fair and temperate criticism of the Court, may not be actionable, but attributing improper motives or tending to bring Judges or Courts into hatred and contempt or obstructing directly or indirectly with the functioning of Courts is serious contempt of which notice will be taken.”