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Bar Council of India (BCI)

25 August 2013

Did you sit the fifth AIBE today (25 August 2013)? How was it for you? Did the questions make sense? Was there enough time? Did anyone cheat?

22 August 2013

AdvertisingSo, Legally India sometimes gets accidentally addressed mail making us privy to some of the less public proposals law firms receive.

06 August 2013

NGT bans sand mining: The National Green Tribunal banned the practice of sand mining from riverbeds without the environment ministry’s clearance, complying with a 2012 order of the Supreme Court and responding to the suspension of young IAS officer Durga Shakti Nagpal who had conducted a drive against the sand mafia in Uttar Pradesh [Mint]

CJI overtaker, arrested: A man in Coimbatore was arrested after overtaking the wrong car – the one driving the chief justice of India (CJI) P Sathasivam around town, escorted by team of cops [NIE]

Sweeping new SEBI powers: Former SEBI executive director Pratip Kar discusses how SEBI’s July 18 ordinance giving it sweeping powers has provided it with the right machinery to play catch-up with errant companies who’re always ahead in the game [BS]

Parental marriage consent, precedent: Political party leader S Ramadoss used the Karnataka HC’s 2011 judgment requiring parental consent for love marriages by girls under 21 years of age, to buttress his argument for an amendment to that effect in the Hindu Marriage Act. Ramadoss said that the HC had explained the “untold misery and hardship” of parents of teenage girls falling in love, reported the [Hindu]

Political parties v RTI: Citizen groups in various parts of India are protesting against the government’s move to amend the RTI Act to exempt political parties from its purview. The other alternative available to the government was to file for a High Court stay on the Central Information Commission’s June order that had directed six national political parties to appoint a Central Public Information Officer (CPIO) under the Act [HT]

BCI enforces norms on university: After the Bar Council of India (BCI) reportedly found that only five full time faculty were available for 1,200 students at the Rajasthan University’s law college, instead of the UGC-devised 1:20 teacher-student ratio, it disallowed the university’s repeated pleas to begin the 2013 academic session, forcing admitted students to leave for other colleges [TOI]

05 August 2013

The Bar Council of India (BCI), which is currently pushing for representation in Supreme Court and high court judges’ appointments, on Saturday staged a demonstration at Rajghat, Delhi demanding immediate withdrawal of the National Judicial Appointment Commission Bill terming it as an “affront on independence of judiciary”, reported the Hindustan Times.

The bill, which is up for introduction in the monsoon session of the parliament according to Deccan Chronicle, proposes to set up a six member Judicial Appointments Commission headed by the Chief Justice of India and including the law minister, a Rajya Sabha nominee, the leader of the opposition and two Supreme Court justices.

"We are totally against this National Judicial Appointment Commission Bill because of the fact that in the process of appointment of judges, we do not want any interference from any outsider, including the executive," BCI chairman Manan Kumar Mishra told Zee News.

09 July 2013

BCI LLB age-limit challenged : A writ before the Lucknow bench of the Allahabad HC has challenged the BCI’s upper age limit to appear in law entrance tests. BCI has banned those 20 or older from sitting for the five-year degree, and those 30 or above for three-year LLB courses through Clause 28 of Schedule III to Legal Education Rules, 2008 [Parda phash]

Late litigation policy: The National Litigation Policy was first floated three years ago when Veerappa Moily was law minister. Now it has resurfaced as a draft policy under new law minister Kapil Sibal. Under the draft, in cases where the court imposes costs against the government as a condition to granting adjournment, the head of the government department will have to report on why and list the persons responsible. “Suitable action” will be taken against the persons, stated the draft [PTI]

Law firms advertise: Lawyers can’t solicit business in India, directly or indirectly, which means they can’t advertise their services. That hasn’t stopped Indian law firms from finding ways of creating a brand and gaining the attention of prospective clients, discusses [Mint]

Academic appreciation: NLU Jodhpur associate professor Prabhash Ranjan argues that the judiciary and the executive are ignoring the constitutional mandate to appoint distinguished jurists to the Supreme Court, while the Supreme Court is constitutionally bound to develop new legal principles and constitutional jurisprudence. Law professors would be perfect for the job [Hindu]

Placement trends: Out of an average batch of 110 law students, only 15 to 20 opt out of placements. Generally such graduates work as assistants to senior lawyer for four to five years before establishing their independent practice, writes the [Business Standard]

Abusive 498A: A Rajasthan HC writ challenging immediate arrests under section 498A (dowry harassment) and 407 (criminal breach of trust) of the IPC, alleges that 70 per cent of matrimonial disputes are converted into criminal cases by misuse of sections 498A and 406 [TOI]

25 June 2013

Pune has been declared one of Maharashtra’s four official bar All India Bar Exam (AIBE) centres, after the Bar Council of India (BCI) acceded to the “persistent and convincing demands” of the Bar Council of Maharashtra and Goa’s demands over the last two months [Pune Mirror]

Pune has been without its own test centre since the start of the AIBE, as previously reported by Legally India.

11 June 2013

The Bar Council of India’s (BCI) chairman Manan Kumar Mishra and vice chairman Zafar A Khan will prepare a report on the manner in which the BCI and the state bar councils could participate in the appointment process of Supreme Court judges and the chief justices of all high courts. The report is planned to be submitted to the central and state governments.

The BCI is acting on the Madhya Pradesh state bar council’s and high court’s letter written to it, highlighting the concerns of former assistant solicitor general of India Radhe Lal Gupta. Gupta had shot a letter in March to all SC judges and chief justices of all HCs, questioning why some name recommendations to the SC collegium for judicial appointments were not considered positively.

Taking this into account the BCI has resolved to lobby for representation of lawyers’ bodies in the appointment process and has decided to raise this issue at a conference of judges and lawyers expected to be held after the court vacations. [Express]

The collegium system of judicial appointments has been a recent bone of contention between the executive and judiciary.

10 June 2013

BCI v Tamil Nadu police: The Bar Council of India (BCI) has written to the chief justice of the Madras HC requesting action against cops who registered a case against 20 advocates in Tamil Nadu who had visited the state police headquarters to lodge a complaint against the Kanyakumari district police [TOI]

Cross-border judicial training: India has offered to train Maldivian judges and judicial officers through linkages between the National Judicial Academy in Bhopal and the Judicial Training Academy in Villingili [BS]

Modi scoffs at lawmin: Gujarat chief minister Narendra Modi takes a dig at law minister Kapil Sibal. Modi says: “We have a law minister here, who all his life made rounds of the Supreme court wearing a black coat, and when a scandal took place in IPL, he jumped to say he would draft a law on it, without realising that the centre did not have the capacity to do so. He did not know it is a state subject. He first went ahead to say he will make a law, then said he cannot make a law, what is this law minister who does not know the legal system.” [Parda Phash]

Billing high-low: After telco lawsuits coincided with an FDI drop from $2bn to $304m in one year in the Indian telecom market, which is the world’s second largest, communications minister Kapil Sibal, who is also now in charge of the law ministry, vows to resolve the lawsuits after discussion with the telcos [Bloomberg]

I-spy emulator: The UK Guardian’s expose of American eavesdropping program PRISM which sends user information from Gmail, Skype, Facebook and others to American spies, has dangerous analogies in India and its right to privacy [Firstpost] Meanwhile, the PRISM whistleblower has gone public after seeking shelter in Hong Kong [Guardian]

03 June 2013

Bar examMajority of affected candidates from Hyderabad; BCI “regrets any inconvenience caused”.

28 May 2013

 

 

3nj4mcwoThe Bar Council of India (BCI), the Bar Council of Maharashtra and Goa (BCMG), and the union law ministry were yesterday served with a legal notice asking that the bar councils be suspended for failing in their duty to update a “defective” law syllabus in law schools across the country.

13 May 2013

Ineffective BCI: SC justices BS Chauhan and Dipak Mishra today said: “Bar Council has become ineffective. No action is taken against erring lawyers and we have to suffer. We are actually the victim and lawyers are making money… Lawyers think that they are above law. We are facing such situation every day.” [PTI]

Collegium conspiracies: 1,000 Punjab & Haryana High Court Bar Association members have signed a resolution opposing the elevation of seven lawyers to the bench, asking the Chief Justice of India to intervene in the “conspiracy of silence” [Express]

CCI market research: The Competition Commission of India has decided to have a dedicated Market Research Unit with the help of some external agency [Zee News]

3 new Bom HC judges: Member secretary of the Maharashtra State Legal Services Authority P N Deshmukh, secretary general of the Supreme Court A I S Cheema and Registrar General of the HC S B Shukre have been elevated as additional judges of Bombay high court [Express]

Imagine world without lit: Andhra Pradesh State Legal Services Authority (APSLSA) has identified 172 villages across the State as ‘litigation-free’ and the AP High Court will soon declare them as ‘litigation free areas’. Disputes will be settled only by Lok Adalats in these villages [Hindu]

American Hindu?: Janata Party President Subramanian Swamy has filed a plea in the Delhi High Court saying editors of news organisations in India “must be Indian citizens and residents of India” and not foreign citizens. He has attacked the US citizenship of editor of The Hindu Siddharth Varadarajan [Newslaundry]

24 April 2013

BCI BhavanUp to four bids have been received for the project, which was tendered for four days.

01 April 2013

AIBEPIL wins to allow lawyers practice while waiting for the next AIBE.

01 April 2013

BCI & Gov must resurrect directorate of legal education that was killed due to shortage of central funds, says parliament committee. The Parliamentary Standing Committee on Personnel, Grievances Law and Justice wrote: “The committee fails to comprehend why the government did not accede to the request made by the BCI for sustaining the Directorate of Legal Education. It, therefore, desires that the BCI in conjunction with the ministry should take a re-look in the matter and explore how the scheme can be revived.” [Deccan Herald]

The Supreme Court denies Novartis patent protection for its own amended form of caner drug Glivec in major IP judgment [Times of India / Download judgment via @thefirmupdate]

Ex-Supreme Court Justice Markandey Katju and current Press Council of India (PCI) chairman will stop blogging and writing newspaper columns after his comments attracted too much controversy.  He announced on his blog today: 
“It is true that I wish to be uncontroversial […] In this connection, I may refer to Chapter 2 Shloka 34 of the Geeta where Lord Krishna said to Arjun ‘For a self respecting man, death is preferable to dishonour’.” [via Katju blog
The judge has made his fair share of enemies and friends with his outspoken blogs and newspaper columns, infamously writing in 2012 that 90 per cent of Indians were fools. [And this story too was a bit too foolish, we're afraid. Happy April Fools Day!]

29 March 2013

The Bar Council of Punjab & Haryana is now India’s first state bar council (SBC) to have photo identification on its electoral rolls to curb bogus voting. The Bar Council of India (BCI) has asked other state bar councils to follow suit, for “fair and transparent” elections.

Till now the voter list contained only the names, addresses and enrolment number of voting advocates, according to the Indian Express. "It was observed that lot of bogus voting was taking place in the absence of photographs of the lawyers," claimed the SBC’s chairman Minderjit Yadav.

He also told the paper that honorarium fees of Rs 5,000 per month had been earmarked for “budding lawyers who lack financial means at the start of their career”. A pension for lawyers above 65 years of age was in the process of being worked out.

It was observed that lot of bogus voting was taking place in the absence of photographs of the lawyers.

21 March 2013

Senior counsel Anil Divan wants practical position paper on liberalisation from government.

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