Supreme Court Annual Digest 2024 - Advocates & Bar Councils

AdvocateAdvocates-on-Record can mark the appearances of only those advocates who are authorized to appear and argue the case on a particular day of hearing. Bhagwan Singh v. State of U.P., 2024 LiveLaw (SC) 722 : AIR 2024 SC 4785After the change of power from one political party to another, the States/Union Territories are changing their panel of Advocates appearing in the Court. The Court is therefore required to grant adjournments from time to time on the ground of change. It is true that the States/Union Territories have power to change their empanelled Advocates, but while doing so, they must ensure that the Court's functioning is not adversely affected. Therefore, it will be appropriate if the States/Union Territories while changing the panel of Advocates continue the old panel for at least 6 weeks so that the Courts are not forced to grant adjournments. Sachin Kumar v. State of Uttarakhand, 2024 LiveLaw (SC) 270All miscellaneous amounts charged by Bar Councils for enrolment are 'enrolment fees'. Gaurav Kumar v. Union of India, 2024 LiveLaw (SC) 519 : AIR 2024 SC 5338Bar association's resolution to not represent a party - Such a Resolution could not have been passed. Right to defend oneself is a Fundamental Right under Part III of the Constitution of India and further right to appear for a client is also a Fundamental Right being a part of carrying on one's profession as a lawyer. (Para 3) Rupashree H.R. v. State of Karnataka, 2024 LiveLaw (SC) 126Bar Councils can't collect any amount exceeding fee specified under Section 24 of advocates act for enrolment. Gaurav Kumar v. Union of India, 2024 LiveLaw (SC) 519 : AIR 2024 SC 5338Conviction of Advocate In Contempt Case - The appellant's conduct before the High Court and for that matter, even before the Apex Court, amounts to undermining the system of the law and interfering with the course of justice administration. The High Court observed a pattern in the behaviour of the appellant. He has had a habit of misbehaving with a Bench which is not agreeing with him. The misbehaviour goes to the extent of casting aspersions and threatening the Judges hearing the matters. The High Court correctly rejected the apology. (Para 21 & 22) Gulshan Bajwa v. Registrar, High Court of Delhi, 2024 LiveLaw (SC) 69 : AIR 2024 SC 1060Court expressed its concern over the increasing number of false statements in cases involving premature release, urging the legal community to uphold the integrity of the judicial process. Virender Singh v. State, 2024 LiveLaw (SC) 695Court issued comprehensive directions aimed at strengthening the functioning and accessibility of legal aid services across various levels. The National Legal Services Authority (NALSA), State Legal Services Authorities (SLSAs), and District Legal Services Authorities (DLSAs) are tasked with ensuring efficient implementation and periodic review of the Standard Operating Procedures (SOPs) for legal aid services, particularly for prisoners and undertrial detainees. Key measures include enhanced monitoring of Prison Legal Aid Clinics (PLACs), updating statistical data to address shortcomings, promoting the Legal Aid Defence Counsel System, and increasing public awareness through campaigns in local languages, public signage, and community-based initiatives like street plays. Further, the court directed regular interaction with Jail Visiting Lawyers and Para Legal Volunteers, continuing legal education, and improving access to legal resources. High Courts are encouraged to append coversheets to judgments, informing convicts about free legal aid for higher remedies and display similar information on their websites. The Union and State Governments are urged to cooperate with Legal Services Authorities for effective implementation. NALSA retains the liberty to seek further directions as needed to achieve these objectives. The court expressed appreciation for the contributions of the Amicus Curiae and counsel in this matter. Suhas Chakma v Union of India, 2024 LiveLaw (SC) 828 : AIR 2024 SC 5658Court underscored the duty of Public Prosecutors handling cases involving Members of Parliament and Members of Legislative Assembly in Special Courts, stating that these Prosecutors should fully recognize the responsibilities of their role, which includes acting as officers of the Court. The Court found no basis, as of the present date, to question the competence of the appointed Public Prosecutor and thus denied the request to appoint a special Public Prosecutor. Y. Balaji v. Assistant Commissioner of Police, 2024 LiveLaw (SC) 652Every advocate is expected to come to the Court in proper attire as per the Rules and behave in the Court. (Para 7) Bijon Kumar Mahajan v. State of Assam, 2024 LiveLaw (SC) 449Exorbitant enrolment fees charged by state bar councils violate the right to profession, dignity and equality. Gaurav Kumar v. Union of India, 2024 LiveLaw (SC) 519 : AIR 2024 SC 5338Expunging of adverse judicial remarks against an...

Supreme Court Annual Digest 2024 - Advocates & Bar Councils

LIVELAW NEWS NETWORK

Tags