Restricted Functioning Of Courts Forcing Advocates To Find Work Outside Legal Profession

In the same way as other industries and professions remain severely affected by prevailing circumstances, consequent to the outbreak of the COVID-19 pandemic, members of the legal fraternity are also facing tumultuous times. Keeping with norms of social distancing, Courts have been functioning online, or virtually, and only cases that are deemed to be urgent are being listed and taken...

HC Cannot Suo Motu Appoint An Arbitrator Ignoring The Procedure Prescribed In The Agreement Between Parties [Read Judgment]

The Supreme court has observed that the High Court cannot appoint an arbitrator ignoring the procedure prescribed in the agreement between parties for such appointment. In this case, the Clause 19 of the Agreement between tate Trading Corporation of India and Jindal Steel & Power Limited (JSPL) sets out the mechanism for resolution of the disputes under the aegis of Indian Council...

Advocate on Record System In Patna HC: A Closer Look

My earlier article titled 'Advocate-on-Record' System In Supreme Court & High Courts' attempted to provide a bird's eye view of the Advocate on Record [AoR] System prevalent in the Supreme Court of India and the Patna High Court as well as 'Roll of Advocates' system followed by the Allahabad High Court. The present article ventures to have a closer look at the Advocate on Record system introduced by the Patna High Court in 2009. The Patna HC is the only High Court in India...

The Bank Nationalization Ordinance : A Remembrance On Its 51st Anniversary

It was 51 years ago, on 19th July ,1969, that the nation heard the news of an unanticipated ordinance that nationalised the entire banking sector of India in a jiffy. India at that time was ruled by Indira Gandhi and she presented the Banking Companies ( Acquisition and Transfer of Undertaking ) Ordinance 1969 to the public through a radio broadcast.The ordinance ensured unmatched dominance...

Doctrine Of Contemporanea Expositio Cannot Be Applied When An Authority's Construction Is Found To Be Erroneous: SC [Read Judgment]

"It cannot be laid down that understanding of a particular administrative or executing authority is always fait accompli and has to be applied even if erroneous."

Justice UU Lalit To Be A Member Of SC Collegium From July 20

With the retirement of Justice R Banumathi on July 19, Justice UU Lalit will become part of the Supreme Court collegium with effect from July 20, as the fifth senior judge.Chief Justice SA Bobde, Justices N V Ramana, Arun Mishra and R F Nariman are the other members of the Collegium .The appointment of judges at the Supreme Court and High Courts, and the transfer of HC judges are done at...

"Fighting Like a Gang War By the State Is Not Permissible in a Democratic Civil Society": Petitioner In Vikas Dubey Encounter Case Files Rejoinder In SC

In a Rejoinder Affidavit filed in response to the Reply of the State of Uttar Pradesh in the plea seeking for an investigation into the alleged encounter of Vikas Dubey, the Petitioner has submitted that there exists no law which justifies the killing of even a hardened criminal in the custody of a law enforcement agency. Invoking the Nuremberg Trials which had been conducted post...

Anti-Defection Law : What Amounts To Voluntary Giving Up Of Party Membership Under Tenth Schedule Of Constitution?

Anti-defection law under the Tenth Schedule of the Constitution has once again come to the fore with the political crisis that has rocked Rajasthan in the wake of the rebellion led by a camp of Congress MLAs led by Sachin Pilot.The issue has now reached the High Court of Rajasthan, after the Pilot camp approached it challenging the disqualification notices issued by the Speaker.The...

Reduce 24 Hours Time For Production Of Accused Before Magistrate : Senior Adv Dushyant Dave

As a safeguard against custodial violence, Dushyant Dave, Senior Advocate and President of Supreme Court Bar Association, suggested the shortening of the 24 hours time for production of accused before Magistrate. "24 hours time for production before Magistrate can be made shorter in these days of technological development. Accused can be now produced within a few minutes", he said.He was...

How To Prepare For Cross Examination Of Witnesses: Tips From Senior Adv Rebecca John

Renowned criminal law practitioner, Senior Advocate Rebecca M John, talked about valuable strategies for cross examination and conduct of trial in criminal cases.John, who has handled notable cases such as Arushi Talwar, Hashimpura, 2G trial etc, was talking at a webinar organized by LiveLaw on the topic "Strategies of a Defense Lawyer in a Criminal Case" as part of Law...

Powers Of A Hindu To Make A 'Will' Before And After Enactment Of Hindu Succession Act

The Supreme Court judgment in V. Kalyanaswamy(D) by LRS. vs. L. Bakthavatsalam(D) By LRS. has elaborately dealt with the legal principles regarding the execution of a Will. It held that, in a situation where both the attesting witnesses to a will are dead, it is sufficient to prove that the attestation of at least one attesting witness is in his handwriting. When both the attesting witnesses...

Defence Strategies During Bail, Remand & Investigation : From Senior Adv Rebecca M John

In a highly educative and enlightening session, Senior Advocate Rebecca M John discussed various important strategies, that could be employed by defence lawyers for an effective criminal trial.John, who has handled notable cases such as Arushi Talwar, Hashimpura, 2G trial etc, was talking at a webinar organized by LiveLaw on the topic "Strategies of a Defense Lawyer in a Criminal Case" as part...