Supreme Court Half Yearly Digest 2023 – Civil Minor Acts

Administrative Tribunals Act, 1985Administrative Tribunals Act 1985 - The relevant State Government has the implied power to issue a request to abolish the SAT in its state to the Union Government. The Union Government in turn has the implied power to rescind the notification by which that SAT was established, thereby abolishing the SAT. (Para 59) Orissa Administrative Tribunal Bar Association v. Union of India, 2023 LiveLaw (SC) 216 : 2023 INSC 271Administrative Tribunals Act, 1985 - The Union Government did not become functus officio after establishing the Odisha Administrative Tribunal because the doctrine cannot ordinarily be applied in cases where the government is formulating and implementing a policy. (Para 128 (f)) Orissa Administrative Tribunal Bar Association v. Union of India, 2023 LiveLaw (SC) 216 : 2023 INSC 271Advocates Act, 1961Advocates Act, 1961 - Bar Council of India can prescribe that only graduates from recognized law colleges can enrol as advocates. The rule framed by BCI requiring a candidate for enrolment as an Advocate to have completed his law course from a college recognized/ approved by BCI cannot be said to be invalid. Bar Council of India v. Rabi Sahu, 2023 LiveLaw (SC) 481 : 2023 INSC 577Advocates Act, 1961 - Bar Council of India Certificate and Place of Practice (Verification) Rules 2015 - Having regard to the larger dimensions of this matter and the direct impact which the enrollment of fake degree holders and other persons who are not found to be in possession of the qualifications required for entry into the Bar have on the administration of justice, we accede to the suggestion of the Bar Council of India that a High Powered Committee should be constituted by this Court to monitor the process of verification. In our view, such a High-Powered Committee should be chaired by a former Judge of this Court and its members should consist of: (i) two Judges of the High Court; (ii) two senior advocates; and (iii) three members of the Bar Council of India. (Para 13) Ajay Shankar Srivastava v. Bar Council of India, 2023 LiveLaw (SC) 307 : 2023 INSC 346 : (2023) 6 SCC 144Advocates Act 1961 - No provisions prohibit BCI from prescribing pre-enrolment exam- Neither these provisions, nor the role of the universities to impart legal education, in any way, prohibit the Bar Council of India from conducting pre-enrolment examination, as the Council is directly concerned with the standard of persons who want to obtain a license to practice law as a profession. (Para 20) Bar Council of India v. Bonnie Foi Law College, 2023 LiveLaw (SC) 96 : AIR 2023 SC 854 : 2023 INSC 116 : (2023) 2 SCR 343Advocates Act 1961 - Quality of lawyers is an important aspect and part of administration of justice and access to justice. Half baked lawyers serve no purpose. It is this quality control, which has been the endeavour of all the efforts made over a period of time. (Para 19) Bar Council of India v. Bonnie Foi Law College, 2023 LiveLaw (SC) 96 : AIR 2023 SC 854 : 2023 INSC 116 : (2023) 2 SCR 343Advocates Act 1961 - The objective of the legislature while giving wide powers to the Bar Council of India under Section 49 of the Advocates Act which gives it the power to prescribe rules, read with Clause (d) of Sub-section (3) of Section 24, which gives it the power to prescribe norms for entitlement to be enrolled as an advocate under the rules of the Bar Council of India, leads us to the conclusion that these are adequate powers with the Bar Council of India under the said act to provide for such norms and rules. We are, therefore, of the view that while considering the question referred to us, the only conclusion is that the interdict placed by the judgement of this court in V. Sudeer on the powers of the Bar Council of India cannot be sustained and we cannot hold that this decision laid down the correct position of law. The effect of the view expressed by us would be that it is left to the Bar Council of India as to at what stage, the All-India Bar Examination will be held, that is, pre-enrolment, or post-enrolment. (Para 33) Bar Council of India v. Bonnie Foi Law College, 2023 LiveLaw (SC) 96 : AIR 2023 SC 854 : 2023 INSC 116 : (2023) 2 SCR 343Airports Authority of India Act, 1994Airports Authority of India Act, 1994; Section 22A - “User development fee” (UDF) levied and collected by the airport operation, maintenance, and development entities from passengers, is a statutory levy, and thus, it is not subjected to levy of service tax under the provisions of the Finance Act, 1994. There is a distinction between the charges, fee and rent collected under Section 22 of the AAI Act and the UDF levied and collected under Section 22A of the AAI Act, the UDF is in the form of a 'tax or cess' collected for financing the cost of future projects. There was no consideration for the services provided by the assessee-entities to the customer, visitors, passengers, vendors, etc. As a part of the Union's economic policies, the...

Supreme Court Half Yearly Digest 2023 – Civil Minor Acts

LIVELAW NEWS NETWORK

Tags