Know The Law: Can A Non-Lawyer Appear For A Litigant In Courts?

Can a non-lawyer appear on behalf of a litigant in a court of law? Or Can a litigant engage a person who is not a lawyer to represent him/her before a court of law? This piece attempts to answer these queries.Statutory Scheme Section 30 of the Advocates Act gives statutory right to every advocate whose name is entered in the [State roll] the right to practise in all courts including...

Breaking - Aarey Case : SC Orders Status Quo On Cutting Of Trees For Mumbai Metro Car Shed [Read Order]

The special vacation bench of the Supreme Court on Monday ordered status quo on felling of trees in Aarey colony in Mumbai suburbs till further orders.This was after Solicitor General Tushar Mehta, appearing for Maharashtra Government, undertook that no further trees will be cut and that the legality of the tree felling which already took place can be decided by the environment bench after...

Unfortunate That Lawyers Cite 'Overruled' Judgments, Says Supreme Court

"It is unfortunate that at the Supreme Court level counsel cite judgments which have been overruled. "

Supreme Court Weekly Round-Up

Article 137 Limitation Act Applies To Proceedings For Cancellation Of Probate/Letter Of Administration [Ramesh Nivrutti Bhagwat vs. Dr. Surendra Manohar Parakhe] The Supreme Court observed that Article 137 of the Limitation Act, which provides for 3 year limitation period, applies to the proceedings under Indian Succession Act for moving an application for cancellation of probate...

Aarey Tree Felling: SC Takes Suo Motu Cognizance On Law Student's Letter to CJI, Special Bench To Hear The Matter Tomorrow

Supreme Court has taken cognisance of letter written by a 4th year law student named Rishav Ranjan urging the Chief Justice of India to issue a writ of mandamus directing MCGM to stay the felling of trees at Aarey and converted it into a Public Interest Litigation.A special bench will hear this matter tomorrow at 10 am, informed a notice by the vacation officer.On October 4, the Bombay High...

Non-Mentioning Of Correct Provision Not Fatal To Application If The Power To Pass Order Is Available With Court: SC [Read Judgment]

The Supreme court has observed that mere non-mentioning of an correct provision is not fatal to the application if the power to pass such an order is available with the court.In this case, the original plaintiff Mafaji Motiji Thakor [MMT] had assigned his rights and interest in the land in favour of [Jayeshkumar Chhakaddas Shah] JCS. JCS filed an application under Order I Rule 10, Code...

Change In Govt. Policy Due To Overriding Public Interest Must Be Given Due Weight While Considering Claim Of Legitimate Expectation : SC [Read Judgment]

The Supreme Court has observed that overriding public interest can be a reason for change in policy of the Government and that has to be given due weight while considering the claim of legitimate expectation.The bench comprising Justice L. Nageswara Rao and Justice Hemant Gupta set aside the Kerala High Court judgment which directed the Government to implement its policy reserving daily...

'Presence Of Lady Police Officers A Prime Need' : SC Grants Relief To Pregnant Women In Physical Test For Bihar Police Selection [Read Order]

Granting relief to all women who could not appear in the physical test for Bihar Police Selection process last year owing to their pregnancy, the Supreme Court has directed the Bihar Police Subordinate Service Commission to conduct their physical tests now and adjust them against vacancies notified this year."The presence of lady members in the police force, considering the crime against...

IBC Has Overriding Effect Over Tea Act; Central Govt. Consent Not Required For Initiating Insolvency Proceedings: SC [Read Judgment]

The Supreme Court has held that the provisions of the Insolvency and Bankruptcy Code would have an overriding effect over the Tea Act, 1953 and even without such consent of the Central Government, the insolvency proceedings under Section 7 or Section 9 of the IBC initiated by the operational creditor shall be maintainable.The bench of Justice Arun Mishra, Justice MR Shah and Justice BR...

Section 9A CPC (Maharashtra)- Question Of Limitation Cannot Be Decided As A Preliminary Issue: SC [Read Judgment]

"Under the provisions of section 9A and Order XIV Rule 2, it is open to decide preliminary issues if it is purely a question of law."

SC To Examine If A Husband Who Obtained Decree Of Restitution Of Conjugal Rights Liable To Maintain Wife? [Read Order]

The Supreme Court will examine the issue whether a husband who has obtained a decree of restitution of conjugal rights is still liable to maintain his wife who filed a petition seeking maintenance under Section 125 of the Code of Criminal Procedure. In the special leave petition challenging an order passed by Allahabad High Court, it was contended by the husband that the findings in...

"Institutional Preference" In PG Medical Courses Permissible Even After Introduction Of NEET: SC [Read Judgment]

Even in the case of Institutional Preference/Reservation, the admissions in the post graduate courses are to be given on the basis of the merits and marks obtained in the NEET examination result only.