Exclusionary Practices: Systemic Hindrances In Obtaining A Certificate Of Legal Practice In India( Part II)

This is the second part of a three-part article that seeks to critically examine the All India Bar Examination, one that law graduates need to necessarily pass to practice law in India. In the first part (which can be found here), the authors brought to light the issues of exorbitant registration fee and other costs related to the AIBE.In this article, we have tried to map out the complex and inaccessible processes associated with the Bar enrollment such as lack of uniform and outdated...

No Badge Of Cheaters Please

The Supreme Court of India in Justice Sunanda Bhandare vs Union of India in 2014 observed: "In the matters of providing relief to those who are differently abled, the approach and attitude of the executive must be liberal and relief oriented and not obstructive or lethargic."It is quite dismaying to learn that a blind woman in Kerala, https://www.livelaw.in/news-updates/kerala-high-court-public-service-commission-visually-impaired-woman-scribe-to-appear-for-online-exam-196257 just...

Exclusionary Practices: Systemic Hindrances In Obtaining A Certificate Of Legal Practice In India( Part 1)

This is the first part of a three-part article that seeks to critically examine the All India Bar Examination, one that law graduates need to necessarily pass to practice law in India.Whether as a result of intentional gatekeeping or institutional apathy, there are multiple challenges that a law graduate faces in the process of getting certified as a practising advocate. These challenges contribute to creating an exclusionary environment for law graduates trying to enter the legal ecosystem....

Execution Of Orders Passed By The Tribunals Under Company Law

Recently, the Supreme Court observed in a decision rendered by Justice.Ajay Rastogi and Justice.Abhay.S.Oka that as far back as in 1872, the Privy Council found that the difficulties of a litigant in India begin when he has obtained a decree heralding the second round of litigation .A litigant coming to the court is not interested in receiving a paper decree when he succeeds in establishing his case and what he really wants from the court is the relief. Vide order dated 08.04.2022,...

Retirement Age Of Judges- Time Is Right To Take The Right Decision

"…I think 65 years is too early an age for someone to retire…" were the words of the present Chief Justice of India, Justice N.V. Ramana, while responding to query made during online conversation on Comparative Constitutional Law. This response by the CJI has reignited the long-standing demand and debate over the retirement age of judges of the Supreme Court and the High Courts. In past, there have been demands from stakeholders to increase the retirement age. The Attorney General for...

Need For Addressing The Gender Stereotypes Under The Hindu Succession Act, 1956

A recent writ petition filed in the Supreme Court, in the case of Khopkar v. UnionOf India & Ors. , where the petitioner challenged the rules of devolution that applied differently to men and women, has rekindkled the discussion of gender discrimination under the Hindu Succession Act (HSA), 1956. The root of the gender discrimination in case of property laws goes back to the patrilineal family structure which is the basis of HSA. "Patrilineal" means the property and title are held by...

Analysis of The Criminal Procedure (Identification) Bill, 2022

The Criminal Procedure (Identification) Bill, 2022 (hereinafter referred as the Bill) provides for collection of 'measurements' from any convict or a person arrested for an offence. The term 'measurement' used in the Bill has a broad scope insofar as it now includes not only the physical, behavioural attributes of a person but also, the biological samples. Furthermore, the Bill also expands the scope of the person who shall be empowered to take such measurements. One of the most ...

Battered Women Syndrome: When The Victim Becomes The Aggressor

"A new principle cannot be put into effect without bringing with it new mistakes. But we may, however, be convinced that the laws of life - to which belongs the law that suffering follows the misuse of freedom - will finally be able to bring everything within its right limits." ...

Preventive Detention In India

Preventive detention is the detention of a person on a mere reasonable apprehension of him doing an activity dangerous to public order and security. Here, the person is confined in custody without undergoing a trial. Section 149-153 of CrPC[1] deals with the Preventive actions of the Police. Section 151 says that the police officer may arrest a person to prevent the commission of a cognizable offence, without a warrant from the magistrate, if it appears to the officer that the...

Hindu Marriage Act: Jurisdiction, Domicile And Validity

There have been cases in the present and the past where women have been facing serious troubles mainly in Northern India after getting married to Non-Resident Indians (NRI). The groom would either dump the bride here in India after marriage or take her along for other reasons. The issue becomes all the more prominent when a dispute arises and no one knows which jurisdiction to approach and proving validity of the marriage becomes a daunting task. Hindu Marriage Act and its connotations...

Amendments To Chartered Accountants Act, 1949 – Hits And Misses

On 30.03.2022, the Lok Sabha passed the Chartered Accountants, the Cost and Works Accountants and the Company Secretaries (Amendment) Bill, 2022, which seeks to amend the Chartered Accountants Act, 1949, Cost and Works Accountants Act, 1959 and the Company Secretaries Act, 1980. As observed by the Standing Committee on Finance, in their 45th Report, factors including large pendency of disciplinary cases particularly with the Institute of Chartered Accountants of India, unreasonably high ...

Prof.Gupteswar Was Called Torteswar

It is rare for a teacher to be named after the subject he taught. Yet Professor Gupteswar used to be fondly addressed as Torteswar, indicating his authority on the Law of Torts taught in first year of law school. Gupteswar, who was formerly a professor of Andhra University, Principal of Pendekanti Law College, and a scholar of law, breathed his last fourteen days before his 92nd birthday. With his in-depth understanding in law of torts, Prof Gupteswar gained reputation as ...