Hot Off The PressNews

Bar Council of India has notified that AIBE XVI onwards — No books, notes or study material will be allowed in the examination hall. Candidates can only carry Bare Acts without notes.

The said notification can be accessed on the following website: https://allindiabarexamination.com

 

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IMPORTANT DATES FOR AIBE-XVI

-26th Dec 2020 – Online Registrations Begins.

-21st Feb, 2021 – Last date for Online Registrations

-06th March, 2021* – Release of Admit Card Online.

-21st March,2021* – All India Bar Examination-XVI in various cities across India.


All India Bar Examination

Conference/Seminars/LecturesLaw School News

Institute of Law, Nirma University is organising International Symposium in association with South Asia Network for Justice Education (SANJE) on 8th and 9th February 2021.

Law education largely focuses on legal market trends and providing services in which community needs of justice is often undermined in the legal education process. Looking at the present scenario of access to justice resources in India, the need is felt to create a cadre of lawyers who act as justice professionals. This requires thorough grounding and grooming of young promising law students during the course of their law education. We attempt to build a team of law clinicians and multidisciplinary professors along with justice educationists who help law students to develop diverse perspectives on the justice needs of the community. This requires organised efforts through a network of justice educators who can deliberate design, develop and deploy innovative strategies and transformative pedagogies. In this regard, the problem is not just the absence of justice education, but more fundamentally it is the absence of important information, including techniques, examples, support, and even guidance, that could encourage attempts to bring about justice education. Bringing about justice education requires a massive change from traditional ways of teaching.

The Symposium focuses on empowering all like-minded law teachers, legal aid professionals, and paralegal, teachers from other allied disciplines, and build the community of clinicians who design and engage budding justice professionals through innovative pedagogy for a just and sustainable society.

Schedule:

Date – 8 February 2021

Time- 7: 30 PM – 9:00 PM

Theme: Educating future lawyers for a just & sustainable society, Promoting social justice through performing arts

Moderator: Prof. (Dr.) Varsha Ganguly, Professor, Institute of Law, Nirma University, Ahmedabad.

Resource Persons:

  • Prof. (Dr.) Srikrishna Deva Rao, Vice-Chancellor, National Law University, Delhi.

  • Prof. (Dr.) Lisa Radtke Bliss, Associate Dean, Experiential Education and Clinical Programs, Georgia State University, Georgia.

  • Prof. (Dr.) Catherine F. Klein, Director, Columbus Community Legal Services Catholic University, Washington DC.

  • Prof. (Dr.) Sarasu Esther Thomas, Registrar, and Professor of Law, National Law School of India University, Bengaluru.

Date: 9 February 2021

Time: 7: 30 PM – 9:00 PM

Theme: Clinical legal education – Best practice standards and interdisciplinary model, Education 4.0 justice initiatives, Quality assessment tools,

Moderator: Prof. (Dr.) Purvi Pokhariyal, Dean & Director, Institute of Law, Nirma University, Ahmedabad.

Resource Persons

  • Prof. (Dr.) Susan L. Brooks, Associate Dean, Experiential Learning & Clinical Professor, School of Law, Drexel University.

  • Prof. (Dr.) Asha Bajpai, Former Professor and Visiting Faculty at the Tata Institute of Social Sciences, and Institute of Law, Nirma University.

  • Prof. (Dr.) M R K Prasad, Professor of Law, V.M. Salgaocar College of Law, University of Panaji, Goa.

  • Prof. Abhayraj Naik, Advisor, Consultant and Researcher based in Bengaluru; Visiting Faculty at Azim Premji University, Bengaluru.

Who can register: Academicians, Research scholars, LL.M. students, any PG student studying Law, Education, Arts, Fine Arts, Management, Social Sciences and Humanities, Social Work, and any relevant faculty.

Registration Link: HERE 

For any queries contact email id: arpit.sharma@nirmauni.ac.in

Hot Off The PressNews

Bar Council of India decided to hold the next All India Bar Exam on 21-03-2021.

AIBE-XV is to be held on the scheduled date i.e. 24-01-2021 and there will be no change of date of All India Bar Exam-XV anymore.

For AIBE-XVI, the Online registration will start from 26-12-2020 and the last date for registration will be 21-02-2021. The last date for payment of exam fee would be 23-02-2021 and 26-02-2021 will be the final date for completion of online forms. Admit Cards shall be released online 06-03-2021 and the exam will be held on 21-03-2021.

In this way, Bar Council of India is going to hold two All India Bar Exams within a period of two months (i.e. All India Bar Exam-XV on 24-01-2021 and All India Bar Exam– XVI on 21-03-2021).


Bar Council of India

[Press Release dt. 21-12-2020]


Also Read:

Bar Council of India releases new schedule for All India Bar Examination–XV [Check New Dates]

New releasesNews

Contents

Articles

DESIGNED FOR ABUSE: SPECIAL CRIMINAL LAWS AND RIGHTS OF THE ACCUSED…………………………………………………………………………………………. 1

—Kunal Ambasta

UNIFORMITY IN DIVERSITY?: REFLECTING ON THE ESSENTIAL PRACTICES DOCTRINE AND ITS IMPLICATIONS FOR LEGAL PLURALISM      ………………………………………………………………………………………………………..17

—Kalindi Kokal

WHOSE FOREST IS IT AFTER ALL?……………………………………………………. 29

—Ujal Kumar Mookherjee and Manjeri Subin Sunder Raj

PROTECTION OF HARMED INVESTORS: THE MISSING LINK IN THE DISGORGEMENT ORDERS OF THE SEBI……………………48

—S.N. Ghosh

OPERATIONAL CREDITORS IN INSOLVENCY: A TALE OF DISENFRANCHISEMENT…………………………………………………………..68

—Sudip Mahapatra, Pooja Singhania and Misha Chandna

Essays

RIGHTS ISSUES – UNTYING THE KNOTS……………………………………………… 82

—Sayantan Dutta

ETHICAL HACKERS UNDER THE INFORMATION TECHNOLOGY ACT: THE CYBER TERRORISM CONUNDRUM AND ‘PROTECTED’ SYSTEMS…………………………………………………………………………………………………………………………………………..93

––Vivek Krishnani

Book Review

PRIVACY 3.0: UNLOCKING OUR DATA-DRIVEN FUTURE BY RAHUL MATTHAN…………………………………………………………….103

—Amlan Mishra

New releasesNews

Contents

Articles

India’s Electoral Legal System: Need for Structural Reform

Krishan Mahajan………………………………………………………………… 1

Elections and Election Commission of India: A Contemporary Evaluation

Afroz Alam ………………………………………………………………………..  9

Significance of the Ballot System in the Indirect Elections in India: with Special Reference of Rajya Sabha

Uday Shankar & Ashok Vardhan Adipudi …………………………………..  19

Validating Democracy through Proportional Electoral System

Ayaz Ahmad …………………………………………………………………….  38

An Integrated Approach to Resolve the Crisis of Defection in India

Chirag Balyan ………………………………………………………………….  50

First Past the Post System and its Limitations: A Case for Proportional Representation in India

Parth Sharma …………………………………………………………………..  82

Evaluating Criminal Disenfranchisement in India

Abhijit Anand & Tapan Vahal ………………………………………………..  96

Violations of Model Code of Conduct and Accountability of Election Commission of India

Neelesh Shukla & Hartej Singh Kochher ………………………………….  113

Electrising the Scourge Over Electoral Corrupt Practices

Shivani Puri & Prateek Kumar ……………………………………………..  128

E-Bonds: Code Anonymous in Indian Elections

Vrinda Bhardwaj & Kumar Mangalam ……………………………………  144

Breaking the Shackles: Recognising Election Manifestos as Legitimate Expectations

Omkar Upadhyay ……………………………………………………………..  156

Case Comments

Contextualizing Religious Politics and Elections in India: Judicial Discourse in Abhiram Singh v. C.D. Commachen

Yogesh Pratap Singh & Siddharth Panda …………………………………  173

A Missed Chance to De-Criminalise Indian Politics: A Comment on Manoj Narula v. Union of India

Nikita Pattajoshi & Swayamsiddha Mishra ……………………………….  184

Book Reviews

Navin Chawla, “Every Vote Counts: The Story of India’s Elections”

Rajat Solanki & Nidhi Chauhan …………………………………………….  195

Alok Shukla, “Ambush: Tales of the Ballot”

Deban Satyadarshi Nanda …………………………………………………..  204

Hot Off The PressNews

Bar Council of India releases new schedule for AIBE — XV

ACTIVITY

IMPORTANT DATES

Online Registration had began from 16-05-2020
Bank Payment through challan started from 16-05-2020
Online registration extended till 03-12-2020
Last date for payment 10-12-2020
Last date for completion of online form 15-12-2020
Online release of admit cards 05-01-2021
Date of Examination 24-01-2021

Bar Council of India

Hot Off The PressNews

Bar Council of India

The General Council of the Bar Council of India, as a last and final opportunity, has resolved to extend the last date for submission of the details of every practicing Advocate of the country sought as per the requirement of the e-Committee of the Supreme Court of India till 15-11-2020.

Further, the Council made it clear that no further extensions shall be granted and any Advocate or Bar Association who/which does not cooperate in this endeavor shall be dealt with firmly.

The State Bar Councils are also required to ensure the strict compliance of the above-stated.


Bar Council of India

[Letter dt. 29-09-2020]

New releasesNews

EBC’s Master Guide To All India Bar Examination

Overview:

This is a comprehensive Guide for All India Bar Examination conducted by the Bar Council of India. This Guide has been prepared based on the examination patterns over a period of time.

The following are some of the unique features of this Guide:

  • Authoritative commentary on all the prescribed subjects in one compact volume.
  • Includes the latest case laws and statutory amendments, viz. Sabarimala caseAadhaar caseGuidelines for court functioning through video conferencing during Covid-19 pandemicre; Criminal Law (Amendment) Act, 2018; Specific Relief (Amendment) Act, 2018; Negotiable Instruments (Amendment) Act, 2018; Personal Laws (Amendment) Act, 2019; Muslim Women (Protection of Rights on Marriage) Act, 2019; Constitution (Application to Jammu and Kashmir) Order, 2019; J&K Reorganisation Act, 2019; Constitution (104th Amendment) Act, 2019; Code on Wages, 2019 and many more.
  • Includes over 2300 exam-styled multiple choice questions along with answers.

This Guide covers the following subjects:

Constitution of India

Penal Code

Criminal Procedure Code

Civil Procedure Code with Limitation Act

Evidence Act

Contract Act

Specific Relief Act

Transfer of Property Act

Negotiable Instruments Act

Family Law

Law of Tort (Including Motor Vehicles Act and Consumer Protection Law)

Public Interest Litigation

ADR including Arbitration

Administrative Law

Company Law

Environmental Law

Cyber Law

Intellectual Property Law

Labour Law

Professional Ethics (Including cases of Professional Misconduct under Bar Council of India Rules)

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

Taxation Law

This Guide is indispensable for law graduates appearing for All India Bar Examination.


Buy Your Copy Soon!

ALL INDIA BAR EXAMINATION

COVID 19Hot Off The PressNews

Registrar General of Delhi High Court acceded to the proposal of Providing access to Lawyers to their respective chambers situated in three Lawyers’ Chambers Block of Delhi High Court.

The access is permitted with the following conditions and safeguards:-

  • Access shall be limited to one lawyer per chamber (or two per chamber where chamber is on twin sharing basis) with one assistance or one junior.
  • The timings for the access and use of chamber shall be from 10.00 am to 12.00 noon (morning phase) and from 2.00 pm to 4.00 pm (afternoon phase). Layover period be used by housekeeping agencies for sanitization and deep cleaning of the use portions of the building.
  • No intern or client shall be permitted access in the chambers.
  • The entry and exit of all users/visitors be properly documented, monitored and regulated by DHCBA. For the purpose of regulating entry and exit, one of the office bearers of DHCBA shall remaining present in every opened block to ensure compliance of the approved plan.
  • A report be submitted after two weeks by DHCBA so that situation is access and reviewed in the next meeting.
  • Entry of the vehicles shall be only from Gate No. 7 till further orders.
  • All vehicles shall be parked in the main surface parking. Drivers shall remain in the parking area only.
  • Sanitizers and handheld body temperature scanners be put to use at entrance of all such blocks.
  • Proper face masks shall be mandatory for all such visiting advocate etc.
  • No kiosk facility for tea, coffee etc. or ancillary services in any chamber block shall be opened till further orders.
  • No common use areas like Bar, Consultation Room etc. be opened for use. Only the toilets for the floor(s) to be used shall be opened.
  • Lift facility shall be provided only to the floor(s) in use and shall be used only by two persons at a time. It be primarily used by those who are unable to climb stair for any reason. Appropriate notice be passed by DHCBA outside lifts for due compliance.
  • For proper garbage disposal, every chamber-user shall ensure that garbage is properly disposed of in closed plastic bag in the dustbin provided for in every floor.
  • Where there are multiple staircases, the signages be put indicating one-way use to prevent persons coming face to face.
  • Persons allowed access shall avoid visiting other chambers.
  • Information of the above be disseminated by a public notice on the website of this Court.
  • The DHCBA shall issue necessary advisory about the manner of use of chambers while also requesting elderly members of the Bar to avoid coming to Court till further orders.

Access the Public Notice here: NOTICE


Delhi High Court

[Notice dt. 18-05-2020]

Hot Off The PressNews

The National Human Rights Commission, NHRC has taken suo motu cognizance of a media report supported with photograph that as many as 20 persons including the Civic Agency staff and the lawyers received head injuries in the alleged police action in Howrah, West Bengal on the 24th April, 2019. Reportedly, demanding action against the police personnel, the Bar Council of West Bengal observed black day throughout the State today and has resolved to cease the work till April 29th in solidarity with the lawyers of Howrah. According to media reports, the incident happened following the lawyers’ faceoff with the Howrah Municipal Corporation staff over parking.

The Commission has issued a notice to the Director General of Police, West Bengal calling for a detailed report in the matter, within four weeks including action taken against the delinquent police personnel and health status of the victims.

It has observed that the contents of the news report, if true, raise the serious issue of violation of human rights of the victims, who have sustained injuries in the incident. Apparently, the police personnel did not deal with the situation in a proper manner which resulted in humiliation and physical injuries to the victims.

According to the media report that the incident was triggered after and the elderly lawyer was turned away by the Guard of the civic headquarters on Mahatma Gandhi Road in Howrah when he tried to park his vehicle in the civic agency’s compound. Thereafter, the lawyers and the civic body staff fought for hours as many lawyers joined the protest against the guard. The civic staff, however, claimed that they were attacked first. Both sides, as mentioned in the news report, pelted stones and bricks at each other before the police intervened and chased away the lawyers.


[Dated: 26-04-2019] 

NHRC

Appointments & TransfersNews

President appoints the following two Judicial Officers to be the Judges of Rajasthan High Court while exercising the powers conferred by clause (1) of Article 217 of Constitution of India :

  • Abhay Chaturvedi
  • Narendra Singh Dhaddha

The above mentioned, in order of their seniority, with effect from the date they assume charge of their respective offices.


[Order dt. 15-04-2019]

Ministry of Law and Justice

Case BriefsSupreme Court

Supreme Court: In a crucial verdict, the bench of AK Goel and UU Lalit, JJ held that foreign law firms/companies or foreign lawyers cannot practice profession of law in India either in the litigation or in nonlitigation side.

The Court explained:

“practicing of law includes not only appearance in courts but also giving of opinion, drafting of instruments, participation in conferences involving legal discussion. These are parts of non-litigation practice which is part of practice of law. Scheme in Chapter-IV of the Advocates Act makes it clear that advocates enrolled with the Bar Council alone are entitled to practice law, except as otherwise provided in any other law. All others can appear only with the permission of the court, authority or person before whom the proceedings are pending. Regulatory mechanism for conduct of advocates applies to non-litigation work also. The prohibition applicable to any person in India, other than advocate enrolled under the Advocates Act, certainly applies to any foreigner also.”

“Fly in and fly out” basis:

  • Visit of any foreign lawyer on fly in and fly out basis may amount to practice of law if it is on regular basis. A casual visit for giving advice may not be covered by the expression ‘practice’.
  • In case of a dispute whether a foreign lawyer was limiting himself to “fly in and fly out” on casual basis for the purpose of giving legal advice to their clients in India regarding foreign law or their own system of law and on diverse international legal issues or whether in substance he was doing practice which is prohibited can be determined by the Bar Council of India.
  • Bar Council of India or Union of India will be at liberty to make appropriate Rules in this regard including extending Code of Ethics being applicable even to such cases.

Bar on conducting arbitration in India:

  • There is no absolute right of the foreign lawyer to conduct arbitration proceedings in respect of disputes arising out of a contract relating to international commercial arbitration.
  • If the Rules of Institutional Arbitration apply or the matter is covered by the provisions of the Arbitration Act, foreign lawyers may not be debarred from conducting arbitration proceedings arising out of international commercial arbitration in view of Sections 32 and 33 of the Advocates Act. However, they will be governed by code of conduct applicable to the legal profession in India.
  • Bar Council of India or the Union of India are at liberty to frame rules in this regard.

Services provided by BPO Companies:

  • BPO companies providing range of customized and integrated services and functions to its customers may not violate the provisions of the Advocates Act, only if the activities in pith and substance do not amount to practice of law. The manner in which they are styled may not be conclusive.
  • If their services do not directly or indirectly amount to practice of law, the Advocates Act may not apply. This is a matter which may have to be dealt with on case to case basis having regard to a fact situation

The Court was hearing the appeal arising from the Judgment of Madras High Court in A.K. Balaji v. Government of India, 2012 SCC OnLine Mad 723 : AIR 2012 Mad 124 and Bombay High Court in Lawyers Collective v. Bar Council of India, 2009 SCC OnLine Bom 2028 : 2010 (2) Mah LJ 726 on the issue of whether foreign law firms/lawyers are permitted to practice in India. [Bar Council of India v. A.K. Balaji, 2018 SCC OnLine SC 214, decided on 13.03.2018]

Case BriefsHigh Courts

Delhi High Court: Taking note of the fact that the legal practitioners are under a genuine doubt whether they require to get themselves registered under the Central Goods and Service Tax Act 2017 (CGST Act), the Delhi Goods and Service Tax Act 2017 (DGST Act) and the Integrated Goods and Services Tax Act, 2017 (IGST Act), the Court directed that that no coercive action be taken against any lawyer or law firms for non-compliance with any legal requirement under the CGST Act, the IGST Act or the DGST Act till a clarification is issued by the Central Government and the Govt. of NCT of Delhi (GNCTD) and till further orders.

The matter was brought before the Court by Mr. J.K. Mittal, advocate, who contended that he provides legal services including consultancy, opinion, drafting, appearances before Courts etc. and although he has an office only in Delhi, he represents his clients throughout the country before various High Courts and Tribunals outside Delhi. The petitioner had challenged the validity of the Notifications issues by the Central Government and the GNCDT for being violative of the Central Goods and Service Tax Act 2017 (CGST Act), the Delhi Goods and Service Tax Act 2017 (DGST Act) read with Article 279 A of the Constitution of India. He has also challenged the constitutional validity of Section 9 (4) of CGST Act, Section 5(4) of The Integrated Goods and Services Tax Act, 2017 (IGST Act) and Section 9 (4) of DGST Act.

The division bench of S. Muralidhar and Pratibha M. Singh, JJ noticed that as of date there is no clarity on whether all legal services (not restricted to representational services) provided by legal practitioners and firms would be governed by the reverse charge mechanism and if all legal services are to be governed by the reverse charge mechanism than there would be no purpose in requiring legal practitioners and law firms to compulsorily get registered under the CGST Act, IGST Act and/or DGST Act. Those seeking voluntary registration would anyway avail of the facility under Section 25 (3) of the CGST Act (and the corresponding provision of the other two statutes).

The Court further clarified that any lawyer or law firm that has been registered under the CGST Act, or the IGST Act or the DGST Act from 1″ July, 2017 onwards will not be denied the benefit of such clarification as and when it is issued. Listing the matter to be taken up on 18.07.2017, the Court said that if the Central Government and GNCDT fail to give an appropriate clarification by the next date, the Court will proceed to consider passing appropriate interim directions. [JK Mittal & Company v. Union of India, 2017 SCC OnLine Del 9087, order dated 12.07.2017]