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examination-hall_by_comedy-noseThe bar council of Maharashtra and Goa said today that it would oppose the proposed all India bar exam after a decision reached by 11 chairmen of different state bar councils on 31 July, although the body admitted that unless the Bar Council of India (BCI) or a court intervened the exam would go ahead.

The Maharashtra and Goa bar council was opposing the examination "by adopting legal modes and methods and their representation to Bar Council of India as well as before the Apex Supreme Court", it said at a press conference in Mumbai today (10 August).

The state bar council argued that the exam would not improve the quality of lawyers, that the BCI had not taken the consent of state bar councils, and that the exam would disadvantage this year's law graduates and graduates from rural areas and "weak economic conditions".

"[On 31 July] the chairmen of 11 state bar councils had a meeting at Hyderabad, in which they have decided to oppose the said examination," added a press statement from the Maharashtra and Goa bar council while chairman Jayant Jaibhave added that a total of 13 out of 18 state bar councils opposed the exam.

"However, it is made clear that Bar Council of India being apex body, unless and until the said examination is stayed by the apex body or any appropriate order is obtained from the court of law, all law graduates passed in the academic year of 2009-2010 will be under obligation to undergo the said examination," said the statement.

Jaibhave added that the Maharashtra and Goa bar council would file an affidavit supporting the writ petitions challenging the bar exam.

Last week the Supreme Court rejected such a case and noted that a single high court should hear the more than 10 writ petitions against the BCI filed in various Indian courts.

The BCI was unavailable for comment at the time of going to press.

Today's press conference was also the first formal introduction to Mumbai's media of the newly constituted make-up of the Maharashtra and Goa bar council, as reported by Legally India last week.

The bar council said today that it would aim to reduce the pendency of cases and increase the value of law for society by strengthening district courts and taluka courts, as well as free legal aid.

Photo by comedynose

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Recommend! +0 Objection! -0 Anonymous guest 2010-08-11 07:23
Much ado about nothing
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2
 
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Recommend! +0 Objection! -0 Anonymous guest 2010-08-11 08:13
"The state bar council argued that the exam would not improve the quality of lawyers, that the BCI had not taken the consent of state bar councils, and that the exam would disadvantage this year's law graduates and graduates from rural areas and "weak economic conditions"." Are any of these arguments, legal arguments? If this is the best they can think of, they are intellectually bankrupt. What is their locus anyway? They do nothing to improve standards, and oppose attempts at reforms. The state bar councils are the cause of the total ruin that we see today in the legal profession. If they cannot do anything constructive, they should shut up.
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Recommend! +0 Objection! -0 Anonymous guest 2010-08-11 10:34
I am happy to know that lawyers are concernd with pendency of cases, going up and up, each day of the week, each week of the month and each month of the year.May I request
my friends in the profession to actively take over more responsibility and just not continue burdening the courts. Lawyers need to nurse the concieved case ripe for delivery by the judge.Over 90% cases are settled in the chambers of the lawyers in USA, by direct negotiations;mediations;r e-conciliations and arbitrations.Why can't we adopt the same system?Why can't we ensure arrear free judicial institution, as promised by our PM? Why can't we request the government to amend section 80 CPC by making mandatory notice of claim in all civil nature cases and period of settlement outside court is extended from mere 60 days to 1-2 years?Why can't we request the government to make plea bargain more flexible and easy? As soon as actionable tort is committed, let the lawyers of both the sides directly negotiate for settlement to be approved by the court.By adopting these changes, over 90 % liigation will be over at the trial court level.There will not be any rush to the higher courts.Are we prepared
to act of our own? These amendments in the law of procedure are simple and are to be carried out by the parliamentarians. I request the State Bar Councils to pass proper resolutions to enable the parliament to act accordingly. The role and responsibility
to ensure speedy and accountable justice delivery system is more on the shoulderes of the local taluka and district lawyers. Are we prepared to act?
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4
 
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Recommend! +0 Objection! -0 Anonymous guest 2010-08-11 10:45
A simple question.BCI is elected body of advocates,other than two ex-offico members.The chairman is ex-offico member, but has been elected by the members of the BCI.Can he of its own force his will?Is he not removable?When majority of the members of the BCI is against, how can he over rule every one?The writing on the ball is clear.
Instead of fighting in the courts, do it yourself.Let there be no division among the advocates.
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5
 
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Recommend! +0 Objection! -0 Anonymous guest 2010-08-11 21:48
state bar councils are basically political outfits, so they oppose progressive reforms like foreign universities and foreign law firms. it is no big surprise that they are opposing the bar exam.
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6
 
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Recommend! +0 Objection! -0 Anonymous guest 2010-08-12 00:11
When StateBar councils oppose and take care ofthe 2009/10 and if it is forced thendefinitely it must be againstnatural juastice God only has to help.
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Recommend! +0 Objection! -0 Anonymous guest 2010-08-12 03:11
gopala in top gear , related to supreme court via son in law , related to planning

comission via aloowala , gopala feels he is a civil servant as lots of buerocrats says good night to him ,it is idiotic to put conditions for enrollment
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Recommend! +0 Objection! -0 fatehpal singh 2010-08-12 04:10
i am opposing the bar exams not only because the BCI does not have the power to do so, but also because they have not made any provisions for students with dyslexia or other disabilities.
the same is against the fundamental rights enumerated under the Indian Constitution(art.14) and other disability laws in India which also carry penal action if they they are not taken into consideration when making provisions for such examinations.
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9
 
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Recommend! +0 Objection! -0 Anonymous guest 2010-08-12 04:13
A very stupid reason to put Bar Exams at this stage of time, this will result more strugle for this profession. You ppl can't compare India with other countries, if you are really want to make this profession better than improve it from lower levels. Improves facilities, infrastructure and faculties of colleges, improve the syllabus of LL.B, use modern methods to teach law. I believe this is the better way, I m really annoyed of BCI decision to conduct BAR EXAMS, this injustice to Law Graduates passed in 2010.
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10
 
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Recommend! +0 Objection! -0 Anonymous guest 2010-08-12 08:42
While surely it may seem like injustice to the fresh graduates an exam I feel would do a lot of good. Infact every 5 years one should have to appear for the exam and renew his/her sanad. If you have gone to the courts you realise how poorly the counsels are prepared and prefer to seek a new date on some pretext or another. We need to have quality lawyers forget getting them from the law schools bcoz education has been privatised and all the politicians and their cronies have set up education shops and are doing their best to screw up the society at large while mouthing sick phrases like "weaker sections of scoiety" "underprivileged" "small towns" "Reserved category etc."
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Recommend! +0 Objection! -0 Anonymous guest 2010-08-13 00:08
i feel there should be regular examination for judges also, maybe one very 3 years

because of the posts they hold they should be made a bigger party to this.

also a better pay scale should be brought in for government counsels who will clear

such bar exams and should be treated like senior advocate, because they have gone

through more examinations and will have 2 certificates as compared to just one

certificate which all other advocates have at present have.

they should now be regarded as intellectual superior to other advocates as they have cleared an exam and have been awarded The Right To Practice.

if none of this is right , it because the bar exams are just a waste of money.

the quality and caliber of a lawyer can not be determined by a 3 hour open book exams.
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Recommend! +0 Objection! -0 Anonymous guest 2010-08-13 00:38
What is the need for this Open Book Exam. The BCI wants to test the professional skills of Law Graduates passed out in 2009-10 or wants to test the "Copying Skill". I know a number of 2009-10 passed Law Graduates enrolled as an Adovate have alreday started practice in various Court. Does anyone have mechanism to cross-check when these advocates passed LL.B. The main objective of some top brass in the BCI and the Legal Mafia is not to improve the professionalism but to make money from the proposed AIBE and also assigning this job to its near and dear. This is a scam very similar to the CWG scam.
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13
 
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Recommend! +0 Objection! -0 Anonymous guest 2010-08-13 21:42
"the chairmen of 11 state bar councils had a meeting at Hyderabad, in which they have decided to oppose the said examination," added a press statement from the Maharashtra and Goa bar council while chairman Jayant Jaibhave added that a total of 13 out of 18 state bar councils opposed the exam."

correct me if I'm wrong, isnt the BCI composed of representatives of each state bar council and if majority of these state bar councils are opposed to the said bar exam, then how is it proceeding????? where is the majority for the bar exam then????
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Recommend! +0 Objection! -0 Anonymous guest 2010-08-13 23:50
These people who have been already registered and practicing without taking up any such exams, want to enforce this exams on the new law graduates . Their purpose for doing so seems to restricting the number of new entrants in the profession .This is done with a purpose to deprive new entrants an opportunity to practice which is their right .
Here the question arises What is the guarantee that those who qualify the exams will be representative of better quality.It is well known that muggers only pass such exams with grades ,it has nothing to do with practical knowledge of advocacy.One also cannot say that those who will fail, will prove to be inferior stuff.

If it is the case then why are not there such exams for other professions like CAs,CAWAs,Company secretary and other professionals ?,whether all those who choose these professions,conform to the professional requirements of their profession?.

It is for sure that one who will not perform or lack the professional competence of the trade he has chosen, will fail , then what is the worry to the already established advocates.
In fact there should be a fix retirement age to provide opportunity to new law graduates.In my view it should be matching the retirement age of the judges.

As the person sinks more and more in the profession and tends to loose acumen of advocacy with age he becomes sceptical of his own existence , he tries to do such things that will block the entry of the new competitors.

This old lot is doing the same.There should not be any entrance exams for registration to Bar councils.If there is enforced any such exams , that wil tentamount to injustice to the people of their own trade.

Snake eating it's own offspring.
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Recommend! +0 Objection! -0 Anonymous guest 2010-08-17 07:35
i am aw struck. the BCI has alot of people who believe they have enough legal IQ between them to Change the rule and make new norms.
their presumptions are based on nothing more than stinky gas
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Recommend! +0 Objection! -0 Anonymous guest 2010-08-18 01:21
decision in yesterday's case is given

ITEM NO.41 COURT NO.1 SECTION XVIA


S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

TRANSFER PETITION (CIVIL) NOS.697-702 OF 2010

BAR COUNCIL OF INDIA Petitioner(s)

VERSUS

BABUBHAI VAGHELA & ORS. ETC.ETC. Respondent(s)

(With appln(s) for stay)


Date: 16/08/2010 These Petitions were called on for hearing today.


CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE K.S. RADHAKRISHNAN



For Petitioner(s) Mr. Parag P. Tripathi,ASG.
Mr. Anjuj Bhadani,Adv.
Mr. Anand Verma,Adv.
Mr. Sanjeev Sachdeva,Adv.


For Respondent(s) Mr. Dushyant A. Dave,Sr.Adv.
Mr. Aniruddha Rajput,Adv.
Mr. A. Venyagam Balan,Adv.
Mr. Yashvardhan,Adv.
Mr. Aniruddha Deshmukh,Adv.



UPON hearing counsel the Court made the following
O R D E R


Two weeks' time is granted for fresh
service upon the unserved respondents.

Dasti service, in addition, is permitted.



[ Alka Dudeja ] [ Madhu Saxena ]
A.R.-cum-P.S. Assistant Registrar
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17
 
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Recommend! +0 Objection! -0 Anonymous guest 2010-08-18 05:21
what was yesterday's case??? please inform
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18
 
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Recommend! +0 Objection! -0 Anonymous guest 2010-08-18 08:42
so what do this order means?? is it going to stop our All india bar exam or not??
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Recommend! +0 Objection! -0 Anonymous guest 2010-08-18 08:43
Pls inform me from wehre can we get bar exam OMR form as they are not available in delhi bar council
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20
 
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Recommend! +0 Objection! -0 Anonymous guest 2010-08-18 10:22
not only Delhi bar council but even other bar councils like Punjab are not handing out form. they are waiting for the courts orders to do so..... which will take a long time ........

does anyone know what BCI is planning now?

Hard luck for the BCI.
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21
 
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Recommend! +0 Objection! -0 Anonymous guest 2010-08-19 03:27
#17 and #18, Court decision is not stopping AIBE but simply ruining hopes of new advocates
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22
 
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Recommend! +0 Objection! -0 Anonymous guest 2010-08-19 04:57
Bar council of india told me that they themselves are distributing forms for Bar exam, Since forms are not available in State bar councils Is it true?? Can anyone tell that if a person is living in remote area of Assam or Tamil Nadu then is he required to collect his form from BCI office in Okhala.

Pls also make me understand that since BCD is waiting for court order then what is the scene if Court does not make any order before 30th september that is the last date for submitting form.
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23
 
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Recommend! +0 Objection! -0 Anonymous guest 2010-08-19 09:22
Let me give u an open question suppose if Delhi high court give decision in favour of students then who is going to compensate the loss of students for 3-4 months as many of our frnds have enrolled themsleves with stat bar councils 3 months back and they are restrained from practicing.
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24
 
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Recommend! +0 Objection! -0 Anonymous guest 2010-08-19 20:11
My place is 300 kms far from Bar Council of Gujarat. I told my friend to collect form from bar council & send me via courier. He do so but due to rain, bar exam form spoil. When I receive cover, It was not in a good condition. Now I called to Bar Council office Gujarat, they are refusing to give new form. They are saying that come here, give application & collect form again. Bar Exam Form having no price than why they follow this kind of formality. If someone collect two form than what will he do with two forms ? This kind of practical problem I am facing. Now for form I have to give two days for collection & other expenses extra. Wasting Of Time!!.

One More thing, 16 August Order stated that some respondents not present so I request all the respondents to remain present on next hearing so that court verdict come out fast
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25
 
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Recommend! +0 Objection! -0 Anonymous guest 2010-08-20 22:43
Dear friend, @24,

Supreme Court verdict shall never come before the scheduled examination. Had this been intention of Hon'ble? Supreme Court, they must not have had dismissed writ petition of Anoop Prakash Awasthi on 2nd August 2010, without a speaking order and forbidding him from arguments.

On 2nd August CJI had said in open court while dismissing Anoop's writ petition "let Delhi High Court hear these petitions" but this remark didn't come on record, and even further court is simply giving adjournment without staying the impugned Bar Examination. It simply means that BCI can move the way it is going.

Let's pledge that we, the 2010 (and onwards) batch Advocates, shall never vote for anyone related with conducting this All India Bar Examination.

Pity on 2010 batch.
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26
 
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Recommend! +0 Objection! -0 Anonymous guest 2010-09-05 06:10
I think nowdays we are in competitive world and who excells will survive in the field. Presently lawyers charging fees according to the class of the people. Every class needs lawyer according to need and requirement. Then all lawyers get adjusted in their caliber and excellance. No Need of exams. Moeover, these Law degrees are given by the govt approved universities it mens we are questioning their capability?
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27
 
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Recommend! +0 Objection! -0 Anonymous guest 2010-09-10 09:43
State bars are just mute bodies of BCI.They are busy with their elections and power lobbying.
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28
 
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Recommend! +0 Objection! -0 Anonymous guest 2010-09-21 06:15
The AIBE is a good step. CAs, CWAs, and CSs alredy have to clear an extremely tough exam in order to practice their respective professions so why should lawyers be left behind. Even architects will have a similar exam soon. As a matter of fact, all these above categories have a far more difficult time than lawyers because their exams allow only a specified percentage of successful candidates no matter what the absolute score. Whereas the BCI has alredy made it clear that simply obtaining the minimum pass mark in the AIBE will suffice.

Kudos to Gopal Subramanium! Though to be fair even practising lawyers should have been made to give the exam.
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Recommend! +0 Objection! -0 Anonymous guest 2010-09-21 09:34
C.A,C.S exams are extra professional qualifications conducted by professional bodies.They provide complete training with materials.
Where as mainstream law courses are conducted by respective universities and colleges with bar council approved courses and pattern.

These are 2 distinct categories.

Why then doctors and engineers left behind then ??
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30
 
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Recommend! +0 Objection! -0 Jyoti 2010-09-26 17:26
I don't understand what #29's point is? It seems fair that lawyers should also have a professional exam on the lines of CA, CS, etc. For that matter so should doctors and engineers
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