Supreme Court Half Yearly Digest 2023 - Advocates & Bar Councils

Advocate making baseless allegation that another lawyer took money in judge's name; Supreme Court affirms contempt of court proceedings. Gunjan Sinha @ Kanishk Sinha v. State of West Bengal, 2023 LiveLaw (SC) 230Advocates 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 343Advocates 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 Strikes - The Supreme Court requested all high courts to constitute grievance redressal committees comprising the chief justice and two other senior judges, one from the Bar and another from services to avert lawyers' strikes. District Bar Association Dehradun v. Ishwar Shandilya, 2023 LiveLaw (SC) 331 : AIR 2023 SC 2088 : 2023 INSC 405All India Bar Examination - BCI may lay down a rule that people who were in non-legal jobs for a certain number of years should qualify AIBE to rejoin legal profession. (Para 42) Bar Council of India v. Bonnie Foi Law College, 2023 LiveLaw (SC) 96 : AIR 2023 SC 854 : 2023 INSC 116 : (2023) 2 SCR 343All India Bar Examination - It has to be left to the Bar Council of India as to at what stage the All India Bar Examination has to be held – pre or post enrolment. (Para 35) Bar Council of India v. Bonnie Foi Law College, 2023 LiveLaw (SC) 96 : AIR 2023 SC 854 : 2023 INSC 116 : (2023) 2 SCR 343All India Bar Examination - Strictly follow the schedule of conducting AIBE twice a year as otherwise the students with law degrees would be left idling their time. (Para 36) Bar Council of India v. Bonnie Foi Law College, 2023 LiveLaw (SC) 96 : AIR 2023 SC 854 : 2023 INSC 116 : (2023) 2 SCR 343All India Bar Examination - Supreme Court accepts the suggestion of amicus curiae that students who have cleared all examinations to be eligible to pursue the final semester of the final...

Supreme Court Half Yearly Digest 2023 - Advocates & Bar Councils

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