This case summary analyzes the case of Shambhu Ram Yadav v. Hanuman Das Khatry regarding professional misconduct of an advocate. The key facts are that an advocate wrote a letter to his client suggesting he bribe the judge or gain his favor personally. The state bar council suspended the advocate for 2 years, but the bar council of India expelled him. The issues addressed were the appropriate punishment and whether expulsion was justified. Ultimately, the court upheld expulsion, noting advocates must adhere to high ethical standards to maintain credibility of the legal profession.
The General Clauses Act, 1897 consolidates and extends the General Clauses Acts of 1868 and 1887. It provides definitions for terms used in central acts and regulations. Some key definitions include: "Act" includes a series of acts, "British India" refers to territories governed by the British pre-independence, "Central Government" refers to the government of India, "India" refers to territories that are part of India, "Regulation" refers to regulations made by the president or central government, and "State Government" refers to provincial or state governments. The act aims to provide consistent interpretation of terms across legislation.
Convention on the Recognition and Enforcement of Foreign Arbitral Awards Joyce Williams
The document provides an overview of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. It notes that the convention was adopted in 1958 and has 156 signatories including Ghana. The key provisions discussed include that arbitration agreements must be in writing, the convention defines five grounds for refusing enforcement of an award, and courts can also refuse enforcement based on arbitrability and public policy concerns. The convention aims to encourage broad enforcement of international arbitration awards.
The document discusses pleadings in a legal case. Pleadings include the plaint filed by the plaintiff outlining their cause of action, and the written statement filed by the defendant responding to the plaintiff's claims and presenting any defenses. Pleadings must state only material facts, not law or evidence. Courts may allow parties to amend pleadings under certain terms and conditions. A plaint can be rejected if it does not disclose a cause of action, the relief claimed is below the court's value, if it is insufficiently stamped, or if the suit is barred by limitation. Summons are issued by the court calling a person to appear, and must contain their full name, case details, court address, and office seal
The document discusses key concepts related to presumption and judicial notice in Malaysian law. It defines presumption as an inference drawn from known facts, and distinguishes between presumption of law and presumption of fact. It explains different types of presumptions under Malaysian law including those that the court "may presume", "shall presume", and those that constitute "conclusive proof". It also defines judicial notice as facts that a judge will notice without proof, and provides examples of facts that courts commonly take judicial notice of, such as identities of government leaders.
This document discusses parties to a suit under the Code of Civil Procedure 1908 in India. It defines plaintiff and defendant, and discusses rules around joinder, nonjoinder, and misjoinder of parties. It explains that a plaintiff is the person filing a suit to enforce a legal right, while a defendant is the person being sued. Multiple plaintiffs and defendants can be joined in one suit if there is a common issue. One person may also represent a group in a representative suit under certain conditions, such as numerous parties sharing a common interest.
The Bar Council of India is a statutory body that regulates legal education and the legal profession in India. It was established in 1961 under the Advocates Act. The Bar Council sets standards for legal education, grants recognition to law universities, regulates the conduct of advocates, and exercises disciplinary powers over advocates. It consists of 18 members representing the central government and each state's bar council. The Bar Council's key functions are to regulate legal education and the legal profession, safeguard advocates' rights and interests, and promote law reform in India.
The TN Land Reforms (Fixation of Ceiling on land) Act, 1961.pptxRoshiniSundarrasu
The Slide Share is about, The Tamil Nadu Land Reforms (Fixation of ceiling on land) Act, 1961 which will help the Tamil Nadu based Law students to learn Land Laws more efficiently with respect to exam point of view.
The Air (Prevention and Control of Pollution) Act of 1981 aims to control and reduce air pollution in India. It establishes central and state pollution control boards to regulate air quality standards. The boards monitor entities for compliance with emissions standards and can take legal action against violators or order operations to cease. Key features include giving the boards powers to declare air pollution control areas, require industries to obtain permission before operating in such areas, set emissions limits, conduct inspections and testing, and establish air quality laboratories. Non-compliance can result in fines and imprisonment. The Act contains 54 sections organized across 7 chapters delineating the roles and responsibilities of the pollution control boards.
The General Clauses Act, 1897 consolidates and extends the General Clauses Acts of 1868 and 1887. It provides definitions for terms used in central acts and regulations. Some key definitions include: "Act" includes a series of acts, "British India" refers to territories governed by the British pre-independence, "Central Government" refers to the government of India, "India" refers to territories that are part of India, "Regulation" refers to regulations made by the president or central government, and "State Government" refers to provincial or state governments. The act aims to provide consistent interpretation of terms across legislation.
Convention on the Recognition and Enforcement of Foreign Arbitral Awards Joyce Williams
The document provides an overview of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. It notes that the convention was adopted in 1958 and has 156 signatories including Ghana. The key provisions discussed include that arbitration agreements must be in writing, the convention defines five grounds for refusing enforcement of an award, and courts can also refuse enforcement based on arbitrability and public policy concerns. The convention aims to encourage broad enforcement of international arbitration awards.
The document discusses pleadings in a legal case. Pleadings include the plaint filed by the plaintiff outlining their cause of action, and the written statement filed by the defendant responding to the plaintiff's claims and presenting any defenses. Pleadings must state only material facts, not law or evidence. Courts may allow parties to amend pleadings under certain terms and conditions. A plaint can be rejected if it does not disclose a cause of action, the relief claimed is below the court's value, if it is insufficiently stamped, or if the suit is barred by limitation. Summons are issued by the court calling a person to appear, and must contain their full name, case details, court address, and office seal
The document discusses key concepts related to presumption and judicial notice in Malaysian law. It defines presumption as an inference drawn from known facts, and distinguishes between presumption of law and presumption of fact. It explains different types of presumptions under Malaysian law including those that the court "may presume", "shall presume", and those that constitute "conclusive proof". It also defines judicial notice as facts that a judge will notice without proof, and provides examples of facts that courts commonly take judicial notice of, such as identities of government leaders.
This document discusses parties to a suit under the Code of Civil Procedure 1908 in India. It defines plaintiff and defendant, and discusses rules around joinder, nonjoinder, and misjoinder of parties. It explains that a plaintiff is the person filing a suit to enforce a legal right, while a defendant is the person being sued. Multiple plaintiffs and defendants can be joined in one suit if there is a common issue. One person may also represent a group in a representative suit under certain conditions, such as numerous parties sharing a common interest.
The Bar Council of India is a statutory body that regulates legal education and the legal profession in India. It was established in 1961 under the Advocates Act. The Bar Council sets standards for legal education, grants recognition to law universities, regulates the conduct of advocates, and exercises disciplinary powers over advocates. It consists of 18 members representing the central government and each state's bar council. The Bar Council's key functions are to regulate legal education and the legal profession, safeguard advocates' rights and interests, and promote law reform in India.
The TN Land Reforms (Fixation of Ceiling on land) Act, 1961.pptxRoshiniSundarrasu
The Slide Share is about, The Tamil Nadu Land Reforms (Fixation of ceiling on land) Act, 1961 which will help the Tamil Nadu based Law students to learn Land Laws more efficiently with respect to exam point of view.
The Air (Prevention and Control of Pollution) Act of 1981 aims to control and reduce air pollution in India. It establishes central and state pollution control boards to regulate air quality standards. The boards monitor entities for compliance with emissions standards and can take legal action against violators or order operations to cease. Key features include giving the boards powers to declare air pollution control areas, require industries to obtain permission before operating in such areas, set emissions limits, conduct inspections and testing, and establish air quality laboratories. Non-compliance can result in fines and imprisonment. The Act contains 54 sections organized across 7 chapters delineating the roles and responsibilities of the pollution control boards.
The Criminal Procedure Code, 1973 provides for the provisions for maintenance. The provisions enumerated under the code are explained herein the slides along with the remedies available for maintenance and against maintenance.
The document discusses the meaning and scope of professional misconduct by advocates in India. It begins by stating that advocacy is a noble profession that must be regulated. Professional misconduct refers to unacceptable or dishonorable conduct by an advocate. The Advocates Act of 1961 describes provisions for punishing professional and other misconduct. The State Bar Council has powers to investigate complaints and refer cases to disciplinary committees, which can reprimand, suspend, or remove advocates from the roll. The document then discusses the code of conduct and duties prescribed for advocates, as well as examples of professional misconduct. It outlines the constitution and powers of disciplinary committees to conduct hearings and issue punishments.
This document summarizes the key sections of the Indian Evidence Act relating to the relevancy of character evidence. It discusses how in civil cases, character is generally not relevant to prove conduct (Section 52). In criminal cases, previous good character is relevant for the defense (Section 53). Previous bad character is not admissible unless the defense presents evidence of good character (Section 54). It also discusses how in civil cases, character may be relevant to determining damages (Section 55). The document provides definitions and explanations of character and these sections to comprehensively address the topic of how character evidence is treated in the Indian Evidence Act.
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AUDI ALTERAM PARTEM: PRINCIPLES OF NATURAL JUSTICEsebis1
These slides are regarding Audi Alteram Administrative law is the body of law that governs the activities of administrative agencies of government. Administrative law deals with the decision-making of administrative units of government such as tribunals, boards or commissions in such areas as international trade, manufacturing, taxation, broadcasting, immigration and transport. Administrative law expanded greatly during the twentieth century, as legislative bodies worldwide created more government agencies to regulate the social, economic and political spheres of human interaction.
4. DEFINITION Administrative law deals with the powers and functions of the administrative authorities, the manner in which the powers are to be exercised by them and the remedies that are available to the aggrieved persons when those powers are abused by the authorities. Jain and Jain – Four aspects of Administrative Law. Administrative Law deals with mainly 4 aspects: Composition and the powers of administrative authorities. Fixes the limits of the powers of these authorities. Prescribes the procedure to be followed by these authorities in exercising such powers. Controls these administrative authorities through judicial and other means.
THE PRINCIPLES OF NATURAL JUSTICE Natural justice is a principle that is intended to ensure law with fairness and to secure justice. The Principles of Natural Justice have come out from the need of man to protect himself from the excesses of organized power. The Principles of Natural Justice are considered the basic Human Rights because they attempt to bring justice to the parties naturally. THREE BASIC PILLARS Three core points in the concept of principles of natural justice include: Nemo in propria causa judex, esse debet - No one should be made a judge in his own case, or the rule against bias. Audi alteram partem - Hear the other party, or the rule of fair hearing, or the rule that no one should be condemned unheard. Speaking order or reasoned decision- Speaking order means an order which contains reasons for the decision. No system of law can survive without these three basic pillars.
‘’Audi alteram partum means ‘‘hear the other side’’ or ‘‘no man should be condemned unheard 'or ‘‘both the sides must be heard before passing any order’’. This is the basic requirement of rule of law.
AUDI ALTERAM PARTEM “A party is not to suffer in person or in purse without an opportunity of being heard.’’ It is mainly applicable in the field of administrative action and is regarded as the first principle of civilised jurisprudence. In short, before an order is passed against any person, reasonable opportunity of being heard must be given to him.
The maxim includes two elements • NOTICE. • HEARING.
This document discusses external aids that can be used to interpret statutes in India. It covers parliamentary history, historical facts, social and economic developments, references to other statutes, contemporary opinion, dictionaries, foreign decisions, and the General Clauses Act. Key points include that Indian courts now consider parliamentary history for interpretation, references can be made to statutes in pari materia or that are incorporated, and contemporary dictionaries provide general guidance but not final authority on meanings.
Pleading refers to the formal written statements filed by parties in a civil lawsuit that outline their positions. The document discusses the history and purpose of pleading in India, which originated from British common law but was also influenced by ancient Hindu and Muslim systems. It describes the key functions and objectives of pleading as bringing parties to a definite issue, preventing surprise, avoiding unnecessary expense, saving public time, eradicating irrelevancy, and assisting the court by precisely defining the matters in dispute. Pleading aims to narrow the scope of a trial and clarify the points of agreement and disagreement between parties.
Code of civil procedure 1908 reference, review, revisionDr. Vikas Khakare
This explains what is reference, review and revision. when and where it can be made. It also explains difference between reference, review and revision.
The document discusses the legal concept of res gestae, or things done, which is an exception to the rule against hearsay evidence. Under res gestae, spontaneous statements made during or immediately after an event may be admissible in court. The document outlines several conditions and case law examples related to determining what statements can be considered part of res gestae, including the need for contemporaneity, spontaneity, and connection to the facts in issue. It also compares the common law approach to res gestae versus the definition under Malaysian law.
This document provides an overview and summary of key principles for interpreting statutes. It begins with an introduction to statutory interpretation and discusses literal and logical interpretation approaches. It then covers various internal aids to interpretation like context, title, preamble, headings, and definitions. Exceptions to literal interpretation like ambiguity and absurdity are also noted. The document aims to enable law students' understanding of interpreting statutes.
Assignment refers to the transfer of proprietary rights in a trademark from the owner to another party. For an assignment to be valid, it must be in writing and signed by both parties. The Trademarks Act outlines several sections governing trademark assignment, including requirements for registering assignments to maintain ownership. Key forms and timelines are also specified for properly documenting an assignment according to the law.
The document discusses the legal doctrine of res judicata. It begins by defining res judicata as "the thing has been judged" or "a dispute decided." There are three main principles underlying res judicata: no one should be vexed twice for the same cause, it is in the interest of the state for litigation to end, and a judicial decision must be accepted as correct. Res judicata applies broadly to civil suits, criminal proceedings, and other legal matters. For res judicata to apply, the matter must be directly at issue in both cases, between the same parties under the same title, and decided by a competent court. A matter can be actually or constructively at issue. Res judicata differs from estoppel
The document discusses principles of absolute liability and strict liability. It summarizes key cases that established these principles:
1) Rylands v. Fletcher established the rule of strict liability, holding a landowner liable for damage caused by an activity on their land, even without negligence.
2) The Oleum Gas Leak case established the rule of absolute liability for hazardous or inherently dangerous activities, making enterprises strictly liable regardless of negligence.
3) Absolute liability imposes liability without exceptions for negligence, acts of God, or statutory authority, as established in the Oleum Gas Leak case involving a gas leak from a fertilizer plant in Delhi.
The document discusses the doctrine of originality in copyright. It provides details on the tests used to determine if a work is original and eligible for copyright protection including the sweat of the brow test, modicum of creativity test, and skill and judgement test. It also outlines the requirements for originality which include independent creation by the author with a minimal level of creativity. Indian law focuses on whether the author exercised skill and judgement in creating the work.
The document discusses the legal doctrine of ejusdem generis, which means "of the same kind." It provides that when general words follow specific words in a list, the general words should be interpreted as applying to items of the same category or class as the specific words. The document provides examples of how courts have applied this doctrine to interpret the scope of terms in statutes and determine whether items are included or excluded. It examines cases where the doctrine was used to determine whether certain vehicles, animals, and places were covered by different laws based on the specific words used.
It is an indispensable complementary part of our legal system without the study of which no advocate is suitably equipped with the basic requisites required to go to the court.
Activist investors frequently engage directly with institutional investors, such as pension funds and asset managers, to garner support for their agenda. They may conduct roadshows or presentations to institutional investors, highlighting the potential risks or drawbacks of the proposed takeover and seeking their votes against it.Overall, shareholder activism and proxy contests provide activist investors with powerful tools to influence the outcome of hostile takeover battles by mobilizing shareholder support, challenging the legitimacy of the acquisition, and proposing alternative strategies to enhance shareholder value. These tactics can significantly complicate the process for the acquiring company and may ultimately lead to the failure of the hostile takeover attempt.
The document discusses delegated legislation in India. It defines delegated legislation as the exercise of legislative power by a subordinate agency. It is used to relieve pressure on the legislature's time so it can focus on policy formulation. In India, rules, regulations, orders, notifications and bye-laws are examples of delegated legislation. The growth of delegated legislation can be attributed to factors like the pressure on parliamentary time due to expanding state activities, technical nature of subjects requiring expert assistance, need for flexibility to address unforeseen situations, enabling experimentation, and need for quick action in emergencies.
The Criminal Procedure Code, 1973 provides for the provisions for maintenance. The provisions enumerated under the code are explained herein the slides along with the remedies available for maintenance and against maintenance.
The document discusses the meaning and scope of professional misconduct by advocates in India. It begins by stating that advocacy is a noble profession that must be regulated. Professional misconduct refers to unacceptable or dishonorable conduct by an advocate. The Advocates Act of 1961 describes provisions for punishing professional and other misconduct. The State Bar Council has powers to investigate complaints and refer cases to disciplinary committees, which can reprimand, suspend, or remove advocates from the roll. The document then discusses the code of conduct and duties prescribed for advocates, as well as examples of professional misconduct. It outlines the constitution and powers of disciplinary committees to conduct hearings and issue punishments.
This document summarizes the key sections of the Indian Evidence Act relating to the relevancy of character evidence. It discusses how in civil cases, character is generally not relevant to prove conduct (Section 52). In criminal cases, previous good character is relevant for the defense (Section 53). Previous bad character is not admissible unless the defense presents evidence of good character (Section 54). It also discusses how in civil cases, character may be relevant to determining damages (Section 55). The document provides definitions and explanations of character and these sections to comprehensively address the topic of how character evidence is treated in the Indian Evidence Act.
LLB LAW NOTES ON LAW OF EVIDENCE
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FREE LLB LAW NOTES
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KANOON KE RAKHWALE INDIA
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AUDI ALTERAM PARTEM: PRINCIPLES OF NATURAL JUSTICEsebis1
These slides are regarding Audi Alteram Administrative law is the body of law that governs the activities of administrative agencies of government. Administrative law deals with the decision-making of administrative units of government such as tribunals, boards or commissions in such areas as international trade, manufacturing, taxation, broadcasting, immigration and transport. Administrative law expanded greatly during the twentieth century, as legislative bodies worldwide created more government agencies to regulate the social, economic and political spheres of human interaction.
4. DEFINITION Administrative law deals with the powers and functions of the administrative authorities, the manner in which the powers are to be exercised by them and the remedies that are available to the aggrieved persons when those powers are abused by the authorities. Jain and Jain – Four aspects of Administrative Law. Administrative Law deals with mainly 4 aspects: Composition and the powers of administrative authorities. Fixes the limits of the powers of these authorities. Prescribes the procedure to be followed by these authorities in exercising such powers. Controls these administrative authorities through judicial and other means.
THE PRINCIPLES OF NATURAL JUSTICE Natural justice is a principle that is intended to ensure law with fairness and to secure justice. The Principles of Natural Justice have come out from the need of man to protect himself from the excesses of organized power. The Principles of Natural Justice are considered the basic Human Rights because they attempt to bring justice to the parties naturally. THREE BASIC PILLARS Three core points in the concept of principles of natural justice include: Nemo in propria causa judex, esse debet - No one should be made a judge in his own case, or the rule against bias. Audi alteram partem - Hear the other party, or the rule of fair hearing, or the rule that no one should be condemned unheard. Speaking order or reasoned decision- Speaking order means an order which contains reasons for the decision. No system of law can survive without these three basic pillars.
‘’Audi alteram partum means ‘‘hear the other side’’ or ‘‘no man should be condemned unheard 'or ‘‘both the sides must be heard before passing any order’’. This is the basic requirement of rule of law.
AUDI ALTERAM PARTEM “A party is not to suffer in person or in purse without an opportunity of being heard.’’ It is mainly applicable in the field of administrative action and is regarded as the first principle of civilised jurisprudence. In short, before an order is passed against any person, reasonable opportunity of being heard must be given to him.
The maxim includes two elements • NOTICE. • HEARING.
This document discusses external aids that can be used to interpret statutes in India. It covers parliamentary history, historical facts, social and economic developments, references to other statutes, contemporary opinion, dictionaries, foreign decisions, and the General Clauses Act. Key points include that Indian courts now consider parliamentary history for interpretation, references can be made to statutes in pari materia or that are incorporated, and contemporary dictionaries provide general guidance but not final authority on meanings.
Pleading refers to the formal written statements filed by parties in a civil lawsuit that outline their positions. The document discusses the history and purpose of pleading in India, which originated from British common law but was also influenced by ancient Hindu and Muslim systems. It describes the key functions and objectives of pleading as bringing parties to a definite issue, preventing surprise, avoiding unnecessary expense, saving public time, eradicating irrelevancy, and assisting the court by precisely defining the matters in dispute. Pleading aims to narrow the scope of a trial and clarify the points of agreement and disagreement between parties.
Code of civil procedure 1908 reference, review, revisionDr. Vikas Khakare
This explains what is reference, review and revision. when and where it can be made. It also explains difference between reference, review and revision.
The document discusses the legal concept of res gestae, or things done, which is an exception to the rule against hearsay evidence. Under res gestae, spontaneous statements made during or immediately after an event may be admissible in court. The document outlines several conditions and case law examples related to determining what statements can be considered part of res gestae, including the need for contemporaneity, spontaneity, and connection to the facts in issue. It also compares the common law approach to res gestae versus the definition under Malaysian law.
This document provides an overview and summary of key principles for interpreting statutes. It begins with an introduction to statutory interpretation and discusses literal and logical interpretation approaches. It then covers various internal aids to interpretation like context, title, preamble, headings, and definitions. Exceptions to literal interpretation like ambiguity and absurdity are also noted. The document aims to enable law students' understanding of interpreting statutes.
Assignment refers to the transfer of proprietary rights in a trademark from the owner to another party. For an assignment to be valid, it must be in writing and signed by both parties. The Trademarks Act outlines several sections governing trademark assignment, including requirements for registering assignments to maintain ownership. Key forms and timelines are also specified for properly documenting an assignment according to the law.
The document discusses the legal doctrine of res judicata. It begins by defining res judicata as "the thing has been judged" or "a dispute decided." There are three main principles underlying res judicata: no one should be vexed twice for the same cause, it is in the interest of the state for litigation to end, and a judicial decision must be accepted as correct. Res judicata applies broadly to civil suits, criminal proceedings, and other legal matters. For res judicata to apply, the matter must be directly at issue in both cases, between the same parties under the same title, and decided by a competent court. A matter can be actually or constructively at issue. Res judicata differs from estoppel
The document discusses principles of absolute liability and strict liability. It summarizes key cases that established these principles:
1) Rylands v. Fletcher established the rule of strict liability, holding a landowner liable for damage caused by an activity on their land, even without negligence.
2) The Oleum Gas Leak case established the rule of absolute liability for hazardous or inherently dangerous activities, making enterprises strictly liable regardless of negligence.
3) Absolute liability imposes liability without exceptions for negligence, acts of God, or statutory authority, as established in the Oleum Gas Leak case involving a gas leak from a fertilizer plant in Delhi.
The document discusses the doctrine of originality in copyright. It provides details on the tests used to determine if a work is original and eligible for copyright protection including the sweat of the brow test, modicum of creativity test, and skill and judgement test. It also outlines the requirements for originality which include independent creation by the author with a minimal level of creativity. Indian law focuses on whether the author exercised skill and judgement in creating the work.
The document discusses the legal doctrine of ejusdem generis, which means "of the same kind." It provides that when general words follow specific words in a list, the general words should be interpreted as applying to items of the same category or class as the specific words. The document provides examples of how courts have applied this doctrine to interpret the scope of terms in statutes and determine whether items are included or excluded. It examines cases where the doctrine was used to determine whether certain vehicles, animals, and places were covered by different laws based on the specific words used.
It is an indispensable complementary part of our legal system without the study of which no advocate is suitably equipped with the basic requisites required to go to the court.
Activist investors frequently engage directly with institutional investors, such as pension funds and asset managers, to garner support for their agenda. They may conduct roadshows or presentations to institutional investors, highlighting the potential risks or drawbacks of the proposed takeover and seeking their votes against it.Overall, shareholder activism and proxy contests provide activist investors with powerful tools to influence the outcome of hostile takeover battles by mobilizing shareholder support, challenging the legitimacy of the acquisition, and proposing alternative strategies to enhance shareholder value. These tactics can significantly complicate the process for the acquiring company and may ultimately lead to the failure of the hostile takeover attempt.
The document discusses delegated legislation in India. It defines delegated legislation as the exercise of legislative power by a subordinate agency. It is used to relieve pressure on the legislature's time so it can focus on policy formulation. In India, rules, regulations, orders, notifications and bye-laws are examples of delegated legislation. The growth of delegated legislation can be attributed to factors like the pressure on parliamentary time due to expanding state activities, technical nature of subjects requiring expert assistance, need for flexibility to address unforeseen situations, enabling experimentation, and need for quick action in emergencies.
Indira Jai Singh v/s Supreme Court of India through Secretary General and OrsAnushka Singh
The Supreme Court of India lifted the veil of secrecy surrounding the system of designating advocates as Senior Advocates. A PIL was filed by Senior Advocate Indira Jaising challenging the present arbitrary and non-transparent system. The Court held that Section 16 of the Advocates Act and the designation of 'Senior Advocate' are constitutional. However, to ensure objectivity and transparency, it issued elaborate guidelines establishing a permanent committee and criteria-based point system for designating Senior Advocates in the Supreme Court and High Courts. The guidelines aim to recognize the most deserving advocates based on merit, ability, and contributions to the Bar.
The document summarizes the legal profession act of Malaysia which governs the admission to and regulation of the legal profession. It outlines the three stages for entry including qualifications, being called to the bar, and obtaining a practicing certificate. It also describes the requirements and process for qualified persons and articled clerks to enter the profession. The document then discusses the disciplinary process and penalties for advocates and solicitors who violate professional standards.
National Dispute Redressal Commission under Consumer Protection.pptxAkashNavale6
The document discusses the National Consumer Disputes Redressal Commission (NCDRC) in India. It provides an overview of the NCDRC's role as the apex consumer court, including adjudicating high-value disputes, handling appeals, and establishing legal precedent. The NCDRC aims to protect consumer rights and ensure redress for violations through its rulings. However, it faces challenges like case backlogs that reforms seek to address.
The document provides an overview of the Code of Criminal Procedure (CrPC) in Bangladesh. Some key points:
- The CrPC is the primary legislation governing criminal procedure in Bangladesh. It was first enacted in 1898 under British rule and has since been amended after independence.
- The CrPC outlines the procedures for criminal courts, conducting criminal proceedings, and crime prevention. It contains provisions for regular trials and summary trials in magistrate courts.
- Regular trials involve framing charges, examining evidence, and determining acquittals or sentences. Summary trials have simplified procedures without recording all evidence to expedite less serious cases.
- The objectives of the CrPC include ensuring accused persons receive a fair trial according to principles
Purging Misconduct_Supreme Court on Professional Ethics of advocatesManish Kumar
The Supreme Court of India held that an advocate found guilty of contempt of court cannot appear or plead in any court until they have purged themselves of the contempt. To purge oneself, the advocate must genuinely regret their actions and seek sincere pardon from the court. An apology alone is not enough - it must demonstrate real remorse and commitment to not repeat the offense. Only if accepted by the court as genuine can an advocate be considered purged of contempt. The court also directed trial courts to be informed of any advocate's contempt conviction to enforce the restriction.
This document provides an overview of topics to be discussed in a module on ethical rules and interpretation under the Advocates Act in India. It discusses the unique role of the legal profession, law as a self-regulated profession, and the history and sociology of the legal profession. It then summarizes key aspects of the Indian legal system including the types of legal practice, an overview of the Advocates Act, the roles and functions of the Bar Council of India and State Bar Councils, admission to practice law, ethics codes and regulations, the lawyer-client relationship, and the relationship between lawyers and the judiciary.
This document outlines the code of ethics and procedures for filing and processing complaints for members of the ASCDI/NATD organization. The code of ethics outlines principles like maintaining high professional standards, keeping customer information confidential, and conducting business with integrity. The complaint procedures provide a process for filing complaints against members or subscribers, including a hearing process to evaluate the complaint and potential sanctions for violations.
1. The principles of natural justice aim to ensure fairness in decision making and include the rules against bias and the right to be heard.
2. The rule against bias requires adjudicators to be neutral and avoid personal interests or prejudices, while the right to be heard includes adequate notice and the opportunity to respond to allegations.
3. Courts have applied natural justice flexibly depending on context but uphold its fundamental importance, intervening only when a failure results in substantive unfairness.
Judicial Pronouncements Relating to Insolvency Professionals Madhusudan Sharma
The document discusses several key issues relating to insolvency professionals (IPs) under the Insolvency and Bankruptcy Code 2016 in India, including:
1) Supreme Court rulings on making adverse remarks against professionals and the need to avoid uncalled for observations without giving an opportunity to be heard.
2) The role and responsibilities of IPs such as the interim resolution professional or resolution professional, who are facilitators of the insolvency process and do not have adjudicatory powers.
3) Examples of judicial support and directions given to ensure cooperation with IPs and assist them in discharging their duties.
Among the procedural law the Code of Criminal Procedure is very important.
The Code was come into force in first July, 1898. The Code was enacted with a
view to regulate the procedure concerning inquiry, investigation and trial of
criminal acts.
As a procedural law it contains the procedure of the criminal law.
The Code has several aspects. Social is one of them. The concern of the Code
becomes clear from its provisions on protection and maintenance of women,
children and persons otherwise handicapped.
The document summarizes key amendments made to the Arbitration and Conciliation Act of India in 2015. The objectives of the amendments were to make arbitration more expedient, cost-effective, and the preferred mode of dispute resolution. Some key changes include imposing time limits on arbitration proceedings and court decisions related to arbitration, reducing judicial interference, enhancing the powers of arbitrators, and aligning the law more closely with international standards for arbitration.
Fast Track Arbitration Procedure, Section 29B, Singapore International Arbitration Center (SIAC), SIAC Rules (6th Edition, 1 August 2016) ("SIAC Rules 2016”), Emergency Arbitration, Emergency Arbitrator, Fess, Hong Kong International Arbitration Center, Expedited Procedure,
Lawyers Strike for Professional Ethics Classankitapiyush
1. The document discusses the issue of lawyers' strikes in India based on opinions from various jurists and judicial precedents.
2. It outlines 10 principles arising from the lawyer-client relationship regarding lawyers' obligations to clients and restrictions on strikes.
3. The Supreme Court of India has ruled unambiguously that lawyers have no right to strike and that strikes are illegal, though it allows token protests outside of court premises. Courts are obligated to proceed with cases even if lawyers are striking.
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ETHICS Project.pdf
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UNIVERSITY INSTITUTE OF LEGAL STUDIES, CHANDIGARH
PROFESSIONAL ETHICS PROJECT
CASE ANALYSIS- SHAMBHU RAM YADAV v. HANUMAN DAS KHATRY AIR 2001 SC 2509
SUBMITTED TO: - SUBMITTED BY: -
Dr. RABIA GUND HIMANSHU SINGLA
ROLL NO: 117/19
B.A. LLB. (8TH SEM)
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CONTENTS
INTRODUCTION.............................................................................................................................................2
FACTS OF THE CASE.......................................................................................................................................3
RULES APPLIED TO CASE ...............................................................................................................................4
SECTION 35: ..............................................................................................................................................4
SECTION 36: ..............................................................................................................................................5
SECTION 37: ..............................................................................................................................................5
SECTION 44: ..............................................................................................................................................6
ISSUES RAISED...............................................................................................................................................6
ARGUMENTS OF APPELLANT: .......................................................................................................................6
ARGUMENTS OF RESPONDENT:....................................................................................................................7
APPLICATION/JUDGEMENT:..........................................................................................................................8
CRITICAL ANALYSIS........................................................................................................................................9
CONCLUSION...............................................................................................................................................10
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Case Number:- Appeal (civil) 6768 of 2000
Date of Judgement:- 26/07/2001
Bench:- J. K.T. Thomas
J. Y.K. Sabharawal
INTRODUCTION
Advocacy is a noble profession and an advocate is the most accountable, privileged and erudite
person of the society and his act are role model for the society, which are necessary to be regulated.
Professional misconduct is the behaviour outside the bounds of what is considered acceptable or
worthy of its membership by the governing body of a profession. Professional misconduct refers
to disgraceful or dishonourable conduct not befitting an advocate. Chapter V of the Advocate Act,
1961, deals with the conduct of Advocates. It describes provisions relating to punishment for
professional and other misconducts. Section 35(1) of the Advocate Act, 1961, says, where on
receipt of a complaint or otherwise a State Bar Council has reason to believe that any advocate on
its roll has been guilty of professional or other misconduct, it shall refer the case for disposal to it
disciplinary committee. Generally legal profession is not a trade or business, it’s a gracious, noble,
and decontaminated profession of the society. Members belonging to this profession should not
encourage deceitfulness and corruption, but they have to strive to secure justice to their clients.
The credibility and reputation of the profession depends upon the manner in which the members
of the profession conduct themselves. It’s a symbol of healthy relationship between Bar and Bench.
The Advocates Act, 1961 as well Indian Bar Council are silent in providing exact definition for
professional misconduct because of its wide scope, though under Advocates Act, 1961 to take
disciplinary action punishments are prescribed when the credibility and reputation on the
SHAMBHU RAM YADAV
V.
HANUMAN DAS KHATRY
4. 3 | P a g e
profession comes under a clout on account of acts of omission and commission by any member of
the profession.
FACTS OF THE CASE
•This is a case dealt under advocates act of 1961.
•The complaint was filed by applicant against the respondent before the Bar Council of Rajasthan
who later referred this complaint as a disciplinary action matter to the state bar council.
•Under this complaint the Advocate of Mahant Raj Giri wrote a letter in response to the question
of his client that the judge who was dealing with the case of Mahant Raj Giri accepts bribes, to
give favourable orders in the favour of the one who is giving the bribe.
•The advocate instructed his client Mahant Raj Giri to either gain the favour of the judge by some
actions in the personal capacity or to send him an amount of rupees 10000/-.
•The respondent advocate accepted the fact that he had given the letter to his client in response to
the question of the client and the fact that the judge has been terminated because of taking illegal
gratification, the respondent followed the norms of professional ethics by bringing the matter to
light and informing his client Mahant Raj Giri that the judge accepts bribe is under purview of
ethical behaviour and is within the Ambit of professional ethics followed by the advocate.
•Furthermore, this act of respondent was in pure interest of his client and the matter of fact that the
money did not reach the judge its self-evident that the client became aware of the scrupulous
behaviour of the judge and therefore this cannot be termed as professional misconduct.
•The state bar council concluded after considering all evidences that the respondent was guilty of
professional misconduct and suspended him from practice for a period of 2 years.
•The respondent filed a petition under Section 44 of the advocates act. This petition was transferred
to the disciplinary committee of the bar council of India.
•The disciplinary committee of Bar Council of India substituted the reprimand punishment on
consideration of all relevant facts and directed expulsion of the respondent from the profession.
•The Bar Council of India concluded that very high standards of morality and unimpeachable sense
of legal and ethical propriety is expected from all advocates. Claiming, it is the duty of the bar
council of India to guard the professional ethics, and the potential disrepute on account of
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action of few should not disrupt the credibility of entire professional Arena and therefore, it is
having to be dealt in an utmost strict manner.
•Subsequently, the respondent filed another review petition but the review petition was debarred
stating the fact that the disciplinary committee cannot modify the earlier order because a different
view cannot be taken on a decided judgement on the same set of facts. As a result, the review
petition was debarred and the judgement of completely barring the advocate from the legal
profession was upheld.
RULES APPLIED TO CASE
SECTION 35:
Punishment of advocates for misconduct-
Where on receipt of a complaint or otherwise a State Bar Council has reason to believe that any
advocate on its roll has been guilty of professional or other misconduct, it shall refer the case for
disposal to its disciplinary committee. The State Bar Council may, either of its own motion or on
application made to it by any person interested, withdraw a proceeding pending before its
disciplinary committee and direct the inquiry to be made by any other disciplinary committee of
that State Bar Council.
The disciplinary committee of a State Bar Council shall fix a date for the hearing of the case and
shall cause a notice thereof to be given to the advocate concerned and to the Advocate-General of
the State.
The disciplinary committee of a State Bar Council after giving the advocate concerned and the
Advocate-General an opportunity of being heard, may make any of the following orders, namely:
•Dismiss the complaint or, where the proceedings were initiated at the instance of the State Bar
Council, direct that the proceedings be filed;
•Reprimand the advocate;
•Suspend the advocate from practice for such period as it may deem fit;
•Remove the name of the advocate from the State roll of advocates.
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•Where an advocate is suspended from practice under clause (c) of sub-section (3), he shall, during
the period of suspension, be debarred from practising in any court or before any authority or person
in India.
Where any notice is issued to the Advocate-General under sub-section (2), the Advocate-General
may appear before the disciplinary committee of the State Bar Council either in person or through
any advocate appearing on his behalf.
SECTION 36:
Disciplinary powers of Bar Council of India-
•Where on receipt of a complaint or otherwise the Bar Council of India has reason to believe that
any advocate, whose name is not entered on any State roll has been guilty of professional or other
misconduct, it shall refer the case for disposal to its disciplinary committee.
•Notwithstanding anything contained in this Chapter, the disciplinary committee of the Bar
Council of India may, either of its own motion or on a report by a State Bar Council or on an
application made to it by any person interested, withdraw for inquiry before itself any proceedings
for disciplinary action against any advocate pending before the disciplinary committee of any State
Bar Council and dispose of the same.
•The disciplinary committee of the Bar Council of India, in disposing of any case under this
section, shall observe, so far as may be, the procedure laid down in section 35, the references to
the Advocate-General in that section being construed as references to the Attorney-General of
India.
•In disposing of any proceedings under this section the disciplinary committee of the Bar Council
of India may make any order which the disciplinary committee of a State Bar Council can
makeunder sub-section (3) of section 35, and where any proceedings have been withdrawn for
inquiry the State Bar Council concerned shall give effect to any such order.
SECTION 37:
Appeal to the Bar Council of India-
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•Any person aggrieved by an order of the disciplinary committee of a State Bar Council
made1[under section 35] 2[or the Advocate General of the State] may, within sixty days of the
date of the communication of the order to him, prefer an appeal to the Bar Council of India.
•Every such appeal shall be heard by the disciplinary committee of the Bar Council of India which
may pass such order 2[(including an order varying the punishment awarded by the disciplinary
committee of the State Bar Council)] thereon as it deems fit: 2[Provided that no order of the
disciplinary committee of the State Bar Council shall be varied by the disciplinary committee ofthe
Bar Council of India so as to prejudicially affect the person aggrieved without giving him
reasonable opportunity of being heard.]
SECTION 44:
Review of orders by disciplinary committee-
•The disciplinary committee of a Bar Council may of its own motion or otherwise review any order
1[within sixty days of the date of that order] passed by it under this Chapter: Provided that no such
order of review of the disciplinary committee of a State Bar Council shall have effect unless the
Bar Council of India have approved it.
ISSUES RAISED
Overall, three issues raised in the case of Shambhu Ram Yadav v. Hanuman Das Khatri:
•First being, Is the punishment of the expulsion of advocate from the profession is appropriate or
not?
•Second being, Whether the disciplinary committee in exercise of its review power could alter the
initial order of suspension?
•Third being, Is the Advocate guilty of professional misconduct?
ARGUMENTS OF APPELLANT:
•The Appellant contended the fact that the disciplinary committee concluding that the respondent
had no intention to bribe the judge is not relevant as there is no record on hand to suggest it. The
appellant also contended that the earlier order which was passed with consideration of all the the
relevant factors and evidences with conclusion that advocate was not fit to be a professional lawyer
8. 7 | P a g e
as having written such letter is an utter disregard for professional ethics and any punishment lesser
than expulsion from the profession cannot be imposed.
•It was contended that the advocates are not merely professionals but they are the officers of the
court. Besides the court they owe a duty of responsibility towards the society for public good and
administration of Justice. The said public interest is required to be protected by those on whom the
power has been entrusted i.e., the advocates who are the Guardians of public rights and play a key
role in retributive and distributive Justice. State bar council have requisite power and a duty to all
members of legal profession and inflict appropriate penalty on members who are found guilty of
professional misconduct.
•The appellant contended that the review petition which was filed by the respondent is without any
valid ground, as the penalty for permanent debarment is completely valid; as it is the duty of the
bar council to maintain professional morality and required standard and failure to comply will
invite appropriate action against the perpetrator. Credibility of council in taking the disciplinary
action either in law for any other vocation depends on how they deal with cases of delinquency
involving serious misconduct which has the capability to Erode the credibility of entire profession
and therefore, the punishment given to the respondent is commensurate with the Gravity of
misconduct.
•It was contended that the legal profession is not a mere trade or business but a noble profession
which has a heavy responsibility vested on the officers of the Court. It is evident that committee
has given the decision considering all relevant evidences, information, the age factor of the
respondent and the number of years the respondent has put into profession. It is expected from a
person who has put 50 years in the profession to have a higher standard of morality and irrevocable
sense of legal, ethical, virtual, and moral propriety and therefore the bar council decision of
anything less than expulsion of respondent may lead to a potential disrepute which may shake the
credibility of the bar council in dealing with cases of professional misconduct and the thrust laid
in by the professional advocates in the Council.
ARGUMENTS OF RESPONDENT:
•Respondents contented that the letter was written by the Advocate to the client not to render the
client bribe the judge and on a deep investigation it was found that the Advocate merely wrote the
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letter as a reply to the question of the client. It was simply a reply given regarding the the conduct
of the judge and was not an offer for a suggestion to the client to bribe judge.
•Respondents also contended that the Advocate was an old man of 80 years and has been in a
profession for last 50 years and is such a long innings of his professional career this is the first
time Such an allegation of professional misconduct has been put on him although there was no
intention for bribe, there may have been an irresponsible manner but not professional misconduct.
•It is also contended that, the committee should keep in mind the age and the past clean record of
the petitioner and the gravity of offence the decision of the committee to remove the Advocate
from the legal profession was not appropriate and cannot be considered justice as the impugned
order is not commensurate to the gravity of offence the appropriate punishment would be to
reprimand the Advocate and warn him that he should not encourage such activities in life and must
be careful while corresponding to his client.
•The respondents also contended that the bar council as a duty to ensure that lawyer's adherence
to required standards and take appropriate actions against them. This action of BAR council of
permanent debarment will inflict inappropriate penalty on the advocate and the requisite power
and the duty of supervising of the bar council will be severely questioned. Which would result in
weakened trust in the council's decision to deal with cases of delinquency and this erosion of
readability and reputation can have serious and catastrophic consequences.
APPLICATION/JUDGEMENT:
•In the judgement the council stated that legal profession is not a trade or business but it is a noble
profession in which the professionals have the responsibility to encourage honesty and strive for
justice for the client, if it is legally possible.
•The credibility and the reputation of profession depends on how the professional display
themselves in the public sphere they have the responsibility vested under advocate act that they
must display Supreme honor and discipline. They at no point of time can disregard the rules and
act arbitrary which makes the reputation of profession comes under the cloud. For this regard any
member of the profession.
•With all factors taken into consideration, the Council concluded that portion of the letter written
by the advocate contained considerable misrepresentation and professional misconduct. Tough,
10. 9 | P a g e
the advocate maybe replying to the question asked by the client he admitted that he is referred the
client to either bribe the judge of 10,000/- Rupees or convince him in the personal capacity the
committee by applying well settled principles and exercise of the Power vested by advocates act
decided to restrict the respondent from practicing further in the legal profession and the order given
by the state bar council advocate from practice by two years is not in accordance which the
misconduct.
•The fact that advocate is in the profession for past 50 years, the bar council expected a very high
standard of morality and unimpeachable ties of legal and ethical propriety, which the Advocate
failed to display.
•The bar council of India must be more sensitive to the potential disrepute an account of action of
the Advocate as it may shake the credibility of the profession and thereby put at stake other
members of the bar therefore under these conditions the bar is having no hesitation in setting aside
impugned order and debarring advocate from practicing further.
CRITICAL ANALYSIS
•Advocates Institute one of the privileged classes and enjoys exclusive rights for application of
law and Guardian of public rights. The advocates as officers of the court and representatives of the
client must adhere to a very high standard of conduct which is reasonable in status and
responsibility. It is worthy to note that the state bar council and Bar Council of India can take
appropriate disciplinary action against the advocates who fail to comply with the professional
ethics. Their misconduct is not only within their personal and professional capacity but it
endangers the professional capacity of the entire legal fraternity.
• To consider the scope of misconduct all advocate always must consider themselves in a
gentlemanly fashion, the responsibility towards the client as well as the court and other
stakeholders must be kept in mind. Misconduct is a wide expression and may or may not involve
moral turpitude, according to black's law dictionary misconduct is defined as "any transgression
of some established and definite rule of action, a Forbidden act, an unlawful or improper behavior,
willful in character, a dereliction of Duty".
•In different cases the apex court opined that the word 'misconduct' has no precise meaning and it
is open to the subject matter and context where it is used. In the context of an advocate any conduct
11. 10 | P a g e
that can render be advocate unfit for his profession or poses imminent danger to administration of
Justice can be considered as misconduct, for which disciplinary action may be initiated by any bar
council. The Advocate as an officer of the court is responsible to render services which are of
absolute performance and optimum quality; lapses in services involving incomplete and inaccurate
filing and wrong pleading before the court of law can be considered Grave and professional
misconduct. Other misconduct may include - personal check, verification, non-payment of court
and process fee, failure to remove objection, failure of professional admission, disservice to the
litigants, and avoiding Court ethics leading to delay in disposal of matters and reduced efficiency
of judicial system.
• Advocates are also required to uphold the dignity and maintain respectful attitude towards the
court as the bar and bench form a dynamic partnership assisted by a noble aim for great social and
moral responsibility to the public and ensure proper administration of Justice. The advocates are
the key who binds the mutual relationship ties between the judiciary and the public and maintain
ordinal relations between the two.
•The Advocate at no point of time should disrupt the decorum of the court or overstep the limit of
propriety. The standard of conduct of advocates is a broad Avenue and display a variety of Canon
of ethics and high tone of behavior. It can be held that professional ethics cannot be contained in
bar council rule or any other rule book as different avenues require different professional behavior
and different actions of conscience which will command the member of calling of justice to obey
rules of morality and utility. Therefore, the misconduct of advocate can be considered a contact-
specific dynamic and a broad Avenged topic which captures the role of advocate in society at large.
CONCLUSION
In the conclusion, the punishment of expulsion of advocate from profession is completely
appropriate and within the terms of the professional misconduct shown by the advocate. The
disciplinary committee exercise of review power could not alter the initial order of suspension the
decision could not be changed which was taken under complete consideration of all evidences as
the set of fact and matter of evidences is the same. The Advocate is guilty of professional
misconduct as writing the letter containing compromising information is not within the Ambit of
professional ethics of an advocate.