Section 35 and 36 of the Advocates Act, 1961 provide the rules and procedure for professional misconduct and other misconduct. Section 35 lays down the procedure for the State Bar Council whereas Section 36 lays down the procedure for the Bar Council of India. The procedure is as follows- – Complaint Received/Suo Moto Act (Both
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The Importance of Bar and Bench Relations
source- barandbenchThe Bar and Bench relations are of supreme importance in the Indian Legal System. The Bar consists of the advocates that represent their clients in the courtroom, while the Bench consists of the judges who help those people in achieving justice. Both the advocates and the judges work together for the administration of…
Where there is Dharma, there is Jai-Victory- यतो धर्मस्ततो जयः Supreme Court’s Motto
Clubbing of FIRs
Source:iPleadersPawan Tamrakar and Ors. v. M.P. Special Police Establishment and Ors., 2021 (MP High Court) Brief FactsThe allegation against the petitioner is that while working in a different capacity in Genius Paramedical Institute, he had submitted a forged list of students and claimed scholarship amount. Separate FIRs got registered against him with…
Clubbing of FIRs
Source:iPleadersPawan Tamrakar and Ors. v. M.P. Special Police Establishment and Ors., 2021 (MP High Court) Brief FactsThe allegation against the petitioner is that while working in a different capacity in Genius Paramedical Institute, he had submitted a forged list of students and claimed scholarship amount. Separate FIRs got registered against him with…
Abetment of Suicide-A Misconstrued Provision
Source:LawInsiderIndiaThis blog is authored by Harsh Kashyap, a 3rd year law student from Shri Navalmal Firodia Law College, Pune Nowadays we come across reports of incidences of crimes that allege, that the victim had been driven to commit suicide by the accused person(s). Most such victims are either involved in any professional transaction with…
Wearing Hijab Is Not Essential Practice: Karnataka HC Judgement Analysis
Resham v State of Karnataka, 2022Source:AsianetnewsHindi (This article is a personal observation of the authoron the Karnataka High Court judgement and does not intent to hurt any religious or moral sentiment)Judges: Chief Justice Ritu Raj Awasthi, Jts. Krishna Dixit and Jts. JM Kazi (This article is a personal observation of …
HOW TO GET TOP TIER LAW FIRM INTERNSHIPS ON MERIT?
Legislative overruling of Judicial Decisions- Finance Bill, 2022 and Canon India
The Canon India Private Limited v. Commissioner of Customs[1], decided on 9th March, 2021 in Supreme Court held that the Directorate of Revenue Intelligence cannot be considered as ‘the Proper Officer’ while issuing a Show Cause Notice for recovering a duty not paid under section 28(4) of the Customs Act, 1962. Section 28(4) states…
Brigade Enterprises Limited v. Anil Kumar Virmani and Ors
Supreme Court of India Judges: Jts. Hemant Gupta and Jts. V. Ramasubramanian Introduction About 91 persons who purchased 51 residential apartments, in a residential complex comprising of about 1134 apartments, promoted by the appellant herein, joined together and filed a consumer complaint on the file of the National Consumer Disputes Redressal Commission,…