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 discusses professional ethics for lawyers in India. It covers the origin and development of the legal profession in India from ancient times through British rule to the present. Key highlights include:
1) The Advocates Act of 1961 established the Bar Council of India and State Bar Councils to regulate the legal profession and enroll advocates.
2) To enroll as an advocate one must be an Indian citizen over 21, have a recognized law degree, and pay the enrollment fee. Convictions for moral turpitude or untouchability offenses can disqualify enrollment.
3) The Bar Councils frame rules on professional ethics, take disciplinary action for misconduct, and protect advocates' rights. Senior Advocate status
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.
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 document discusses several court cases related to the interpretation of statutes. It provides background on principles of statutory interpretation like beneficial construction, where words are interpreted broadly to achieve the purpose of benefitting a class. It summarizes key holdings of cases related to maternity benefits, shop closure on holidays, rent control acts, and probation of young offenders. The court generally takes a beneficial approach to interpretation that carries out legislative intent and protects benefits for vulnerable groups.
The document discusses key concepts and terminology related to civil procedure in India according to the Civil Procedure Code of 1908. It defines important legal terms like cause of action, judgement, decree, jurisdiction, res judicata, and discovery. It also outlines the various stages of civil proceedings, including institution of a suit, appearance of parties, remedies, and discovery processes.
The document discusses the Advocates Act of 1961 in India, which established the Bar Council of India as the supreme regulatory body for the legal profession. The Bar Council regulates legal practice and ensures lawyers comply with laws and professional standards. It has the authority to pass regulations, handle misconduct cases, and manage various responsibilities regarding admitting, enrolling, and overseeing advocates (lawyers) in India.
This document provides an index and overview of a report on the law of contempt of court in India. It begins with definitions of "contempt" from legal dictionaries and a history of contempt of court in England and India. It then outlines the legal provisions related to contempt of court in the Indian Constitution and the Contempt of Courts Act of 1971. The Act defines civil and criminal contempt and establishes exceptions and limitations. It discusses the powers and procedures of the Supreme Court and high courts to try contempt cases.
This document discusses professional ethics for lawyers in India. It covers the origin and development of the legal profession in India from ancient times through British rule to the present. Key highlights include:
1) The Advocates Act of 1961 established the Bar Council of India and State Bar Councils to regulate the legal profession and enroll advocates.
2) To enroll as an advocate one must be an Indian citizen over 21, have a recognized law degree, and pay the enrollment fee. Convictions for moral turpitude or untouchability offenses can disqualify enrollment.
3) The Bar Councils frame rules on professional ethics, take disciplinary action for misconduct, and protect advocates' rights. Senior Advocate status
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.
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 document discusses several court cases related to the interpretation of statutes. It provides background on principles of statutory interpretation like beneficial construction, where words are interpreted broadly to achieve the purpose of benefitting a class. It summarizes key holdings of cases related to maternity benefits, shop closure on holidays, rent control acts, and probation of young offenders. The court generally takes a beneficial approach to interpretation that carries out legislative intent and protects benefits for vulnerable groups.
The document discusses key concepts and terminology related to civil procedure in India according to the Civil Procedure Code of 1908. It defines important legal terms like cause of action, judgement, decree, jurisdiction, res judicata, and discovery. It also outlines the various stages of civil proceedings, including institution of a suit, appearance of parties, remedies, and discovery processes.
The document discusses the Advocates Act of 1961 in India, which established the Bar Council of India as the supreme regulatory body for the legal profession. The Bar Council regulates legal practice and ensures lawyers comply with laws and professional standards. It has the authority to pass regulations, handle misconduct cases, and manage various responsibilities regarding admitting, enrolling, and overseeing advocates (lawyers) in India.
This document provides an index and overview of a report on the law of contempt of court in India. It begins with definitions of "contempt" from legal dictionaries and a history of contempt of court in England and India. It then outlines the legal provisions related to contempt of court in the Indian Constitution and the Contempt of Courts Act of 1971. The Act defines civil and criminal contempt and establishes exceptions and limitations. It discusses the powers and procedures of the Supreme Court and high courts to try contempt cases.
There are three main types of delegated legislation: bylaws made by local councils, statutory instruments made by government departments, and Orders in Council made by the Privy Council. Parliament delegates some of its lawmaking power through enabling acts because it does not have time or expertise to pass all necessary laws itself. Delegated legislation is subject to general supervision through the enabling act and requirement for consultation, publication, and parliamentary and court oversight through judicial review. It allows laws to be made more quickly and flexibly by experts but is also criticized as being undemocratic with reduced transparency and scrutiny compared to laws passed by Parliament.
Code of civil procedure 1908 suits in particular cases pptxDr. Vikas Khakare
This presentation contains provision as to suits in particular cases. It include provisions under Code of Civil Procedure as to suit by or against government and public office; suit by or against corporation; suit by or against minor and person of unsound mind; suit by indigent person and interpleader suits.
The Advocates Act, 1961 is an act to consolidate and amend the law relating to legal practitioners and to provide for the constitution of the Bar Councils and an All-India Bar. It was enacted by the Parliament in the Twelfth Year of the Republic of India.
The Advocates Act,1961 provides for the constitution of two types of councils:
State Bar Council-Section 3
Bar Council of India-Section 4
The Bar Council as well as the State Bar Councils have various functions to perform
The document discusses the literal rule of statutory interpretation and provides examples of cases that illustrate the application of this rule. It begins by outlining the key aspects of the literal rule, namely that words in a statute must be given their plain meaning, the objective is to discover parliamentary intent as expressed in the words used, and this approach is followed even if it produces absurdity or hardship. It then summarizes several cases where the courts applied a strict literal interpretation of statutes, regardless of consequences.
This document provides details about The Advocates Act of 1961 in India, which aims to consolidate and amend the laws relating to legal practitioners. Some key points:
1. It establishes the Bar Council of India and State Bar Councils to regulate legal practice and practitioners.
2. The Act implements recommendations from the 1953 All India Bar Committee report and the Law Commission to reform the legal system.
3. It introduces a common roll of advocates to allow practice across courts, establishes qualifications for advocates, and divides advocates into senior and other categories.
4. The Act repeals previous laws on the subject and received assent on May 19, 1961, coming into effect through state-by-state notifications.
The ppt consists of meaning of the doctrine with example. A detailed understanding of the principle has been included along with many case laws. The essentials have been mentioned which will validate the act of parties.
Legitimacy, Legitimation and Adoption under Private International Lawcarolineelias239
For matters concerning children, and their succeeding rights over parental property is being questioned on the basis of legitimacy or illegitimacy. Legitimation is allowed to convert the status of illegitimacy ti legitimate. Adoption also assures the welfare of the children.
The document discusses the legal maxim of noscitur a sociis, which means "a word is known by the company it keeps." It provides examples from case law where courts have used this maxim to interpret terms in context. Specifically, it discusses cases where:
1) The term "entertainment" was interpreted in context of surrounding words like "refreshment" and "resort."
2) The term "interest" was understood to mean "annual interest" based on accompanying words.
3) The term "case or canister" was held to exclude a cloth bag based on the intended strength of the described container.
4) The term "perfume" was interpreted to exclude "
Code of civil procedure 1908 miscellaneous, interest,cost, exemption from app...Dr. Vikas Khakare
This contains miscellaneous provision like interest in suit, cost of suit, persons exempted for appearing in the court, caveat and inherent powers of court.
The document summarizes the case A.K. Kraipak v. Union of India, AIR 1970 SC 150. It discusses that:
1) The case involved the selection of officers to the Indian Forest Service, where one of the selection board members (Naquishbund) was also a candidate for selection.
2) The court held this violated the principle of natural justice that "no one can be a judge in their own case," as Naquishbund's presence on the board created a conflict of interest and likelihood of bias.
3) The Supreme Court decided that principles of natural justice apply not just to judicial functions but also administrative functions like government service selection boards.
1) The document discusses various sections of the Indian Evidence Act relating to presumptions about the genuineness and authenticity of certain documents.
2) It outlines sections where courts "shall presume" and "may presume" facts about documents, with shall presume indicating facts that must be presumed unless disproven.
3) Key documents discussed include certified copies, records of evidence, maps, foreign records, and electronic records, with presumptions including that they are genuine, duly executed, and accurate.
This document discusses various aids that judges use when interpreting statutes, including both intrinsic (internal) aids found within the statute as well as extrinsic (external) aids outside the statute.
Some key intrinsic aids discussed are other provisions and context within the act, the title, preamble, headings, marginal notes, provisos, definitions, exceptions, schedules, and illustrations. External aids include parliamentary history, historical facts, subsequent developments, reference to other statutes, contemporary opinion, policy behind the act, precedent, and dictionaries.
The document provides examples of different intrinsic aids like definitions, exceptions, and illustrations used in the Indian Penal Code to help interpret provisions. It emphasizes that the intention of the legislature and circumstances around an
This document discusses administrative tribunals in India. It defines tribunals and distinguishes them from courts and executive authorities. Tribunals were established to handle the growing workload of courts due to expanded government functions. While tribunals have some court-like qualities, they are not bound by strict rules of evidence and procedure. The document outlines the constitutional provisions related to tribunals, their powers and limitations, as well as recommendations from committees on improving their structure and functions.
The document discusses the Advocates Act of 1961 and the roles of the Bar Council of India and State Bar Councils. It notes that the Advocates Act established the Bar Council of India and State Bar Councils to regulate the legal profession. The Bar Council of India lays down standards of conduct for advocates, promotes legal education and protects advocates' rights, while State Bar Councils admit advocates, handle misconduct cases, and safeguard advocates' interests at the state level.
Give a brief account of development of legalCheshta Sharma
The development of the legal profession in India from 1772-1961 involved a struggle and can be divided into pre-independence and post-independence periods. During pre-independence, several acts established courts and regulated the profession, but initially only allowed English men to practice. Over time, qualifications were established for Indians as well. The Advocates Act of 1961 marked the post-independence period, establishing the All India Bar Council and state bar councils with a uniform system of qualifications and regulation of the legal profession across India.
Federal FeaturesThe federal features of the Constitution include:(1) A written constitution which defines the structure, organization and powers of the central as well as state governments(2) A rigid constitution which can be amended only with the consent of the states(3) An independent judiciary which acts as the guardian of the constitution.(4) A clear division of powers between the Center and the States through three lists- Union list, State list and Concurrent list(5) The creation of an Upper House (Rajya Sabha) which gives representation to the states, etc.
There are three main types of delegated legislation: bylaws made by local councils, statutory instruments made by government departments, and Orders in Council made by the Privy Council. Parliament delegates some of its lawmaking power through enabling acts because it does not have time or expertise to pass all necessary laws itself. Delegated legislation is subject to general supervision through the enabling act and requirement for consultation, publication, and parliamentary and court oversight through judicial review. It allows laws to be made more quickly and flexibly by experts but is also criticized as being undemocratic with reduced transparency and scrutiny compared to laws passed by Parliament.
Code of civil procedure 1908 suits in particular cases pptxDr. Vikas Khakare
This presentation contains provision as to suits in particular cases. It include provisions under Code of Civil Procedure as to suit by or against government and public office; suit by or against corporation; suit by or against minor and person of unsound mind; suit by indigent person and interpleader suits.
The Advocates Act, 1961 is an act to consolidate and amend the law relating to legal practitioners and to provide for the constitution of the Bar Councils and an All-India Bar. It was enacted by the Parliament in the Twelfth Year of the Republic of India.
The Advocates Act,1961 provides for the constitution of two types of councils:
State Bar Council-Section 3
Bar Council of India-Section 4
The Bar Council as well as the State Bar Councils have various functions to perform
The document discusses the literal rule of statutory interpretation and provides examples of cases that illustrate the application of this rule. It begins by outlining the key aspects of the literal rule, namely that words in a statute must be given their plain meaning, the objective is to discover parliamentary intent as expressed in the words used, and this approach is followed even if it produces absurdity or hardship. It then summarizes several cases where the courts applied a strict literal interpretation of statutes, regardless of consequences.
This document provides details about The Advocates Act of 1961 in India, which aims to consolidate and amend the laws relating to legal practitioners. Some key points:
1. It establishes the Bar Council of India and State Bar Councils to regulate legal practice and practitioners.
2. The Act implements recommendations from the 1953 All India Bar Committee report and the Law Commission to reform the legal system.
3. It introduces a common roll of advocates to allow practice across courts, establishes qualifications for advocates, and divides advocates into senior and other categories.
4. The Act repeals previous laws on the subject and received assent on May 19, 1961, coming into effect through state-by-state notifications.
The ppt consists of meaning of the doctrine with example. A detailed understanding of the principle has been included along with many case laws. The essentials have been mentioned which will validate the act of parties.
Legitimacy, Legitimation and Adoption under Private International Lawcarolineelias239
For matters concerning children, and their succeeding rights over parental property is being questioned on the basis of legitimacy or illegitimacy. Legitimation is allowed to convert the status of illegitimacy ti legitimate. Adoption also assures the welfare of the children.
The document discusses the legal maxim of noscitur a sociis, which means "a word is known by the company it keeps." It provides examples from case law where courts have used this maxim to interpret terms in context. Specifically, it discusses cases where:
1) The term "entertainment" was interpreted in context of surrounding words like "refreshment" and "resort."
2) The term "interest" was understood to mean "annual interest" based on accompanying words.
3) The term "case or canister" was held to exclude a cloth bag based on the intended strength of the described container.
4) The term "perfume" was interpreted to exclude "
Code of civil procedure 1908 miscellaneous, interest,cost, exemption from app...Dr. Vikas Khakare
This contains miscellaneous provision like interest in suit, cost of suit, persons exempted for appearing in the court, caveat and inherent powers of court.
The document summarizes the case A.K. Kraipak v. Union of India, AIR 1970 SC 150. It discusses that:
1) The case involved the selection of officers to the Indian Forest Service, where one of the selection board members (Naquishbund) was also a candidate for selection.
2) The court held this violated the principle of natural justice that "no one can be a judge in their own case," as Naquishbund's presence on the board created a conflict of interest and likelihood of bias.
3) The Supreme Court decided that principles of natural justice apply not just to judicial functions but also administrative functions like government service selection boards.
1) The document discusses various sections of the Indian Evidence Act relating to presumptions about the genuineness and authenticity of certain documents.
2) It outlines sections where courts "shall presume" and "may presume" facts about documents, with shall presume indicating facts that must be presumed unless disproven.
3) Key documents discussed include certified copies, records of evidence, maps, foreign records, and electronic records, with presumptions including that they are genuine, duly executed, and accurate.
This document discusses various aids that judges use when interpreting statutes, including both intrinsic (internal) aids found within the statute as well as extrinsic (external) aids outside the statute.
Some key intrinsic aids discussed are other provisions and context within the act, the title, preamble, headings, marginal notes, provisos, definitions, exceptions, schedules, and illustrations. External aids include parliamentary history, historical facts, subsequent developments, reference to other statutes, contemporary opinion, policy behind the act, precedent, and dictionaries.
The document provides examples of different intrinsic aids like definitions, exceptions, and illustrations used in the Indian Penal Code to help interpret provisions. It emphasizes that the intention of the legislature and circumstances around an
This document discusses administrative tribunals in India. It defines tribunals and distinguishes them from courts and executive authorities. Tribunals were established to handle the growing workload of courts due to expanded government functions. While tribunals have some court-like qualities, they are not bound by strict rules of evidence and procedure. The document outlines the constitutional provisions related to tribunals, their powers and limitations, as well as recommendations from committees on improving their structure and functions.
The document discusses the Advocates Act of 1961 and the roles of the Bar Council of India and State Bar Councils. It notes that the Advocates Act established the Bar Council of India and State Bar Councils to regulate the legal profession. The Bar Council of India lays down standards of conduct for advocates, promotes legal education and protects advocates' rights, while State Bar Councils admit advocates, handle misconduct cases, and safeguard advocates' interests at the state level.
Give a brief account of development of legalCheshta Sharma
The development of the legal profession in India from 1772-1961 involved a struggle and can be divided into pre-independence and post-independence periods. During pre-independence, several acts established courts and regulated the profession, but initially only allowed English men to practice. Over time, qualifications were established for Indians as well. The Advocates Act of 1961 marked the post-independence period, establishing the All India Bar Council and state bar councils with a uniform system of qualifications and regulation of the legal profession across India.
Federal FeaturesThe federal features of the Constitution include:(1) A written constitution which defines the structure, organization and powers of the central as well as state governments(2) A rigid constitution which can be amended only with the consent of the states(3) An independent judiciary which acts as the guardian of the constitution.(4) A clear division of powers between the Center and the States through three lists- Union list, State list and Concurrent list(5) The creation of an Upper House (Rajya Sabha) which gives representation to the states, etc.
The document appears to be a project or report on legal ethics from a law student. It includes the following sections:
1. An introduction to legal ethics and its significance.
2. Areas where legal ethics apply, including conflicts of interest, confidentiality, advertising, fees, criminal cases, and globalization.
3. A section on the ethics of the legal profession, including its meaning and need as well as the role of the Bar Council of India in regulating standards.
4. Sections covering professional ethics rules regarding an advocate's duties toward the court, clients, opponents, and other duties.
The document provides a high-level overview of the key topics and considerations around legal ethics for
Meaning of federalism:- in the words of prof k.C wheare federalism means there is a single independent authority for the whole area in respect of some matters and there are independent regional authorities for the other matters.
Federalism is a system of government of a country under which there exist simultaneously a federal or central government and several state as contrasted with a unitary state.
Both the central and the state governments derive their powers from the constitution.
Both are supreme in particular spheres and both operate directly on the people.
State government are not subordinate to the central government.
The distribution of legislative power between the center and state is the core of any federal system.
Contempt of court is defined under Indian law as any act that lowers the prestige of the court or interferes with the administration of justice. There are two types of contempt: civil contempt involves disobeying a court order, while criminal contempt involves publishing content that scandalizes or prejudices the court. Punishments for contempt include up to six months of simple imprisonment and/or a fine of up to Rs. 2,000 for individuals; companies and their management can also face punishment. An accused can seek an exemption by apologizing to the court's satisfaction.
Ethics is the philosophical study of morality and seeks to systematize, defend and recommend concepts of right and wrong conduct. It has three main branches - metaethics examines the nature of moral judgments; normative ethics investigates how one ought to act; and applied ethics examines specific issues. Professional ethics establishes standards for professionals and encompasses honesty, integrity, transparency, accountability, confidentiality, objectivity and respectfulness. Codes of ethics provide guidance to help professionals resolve ethical issues and deter unethical conduct while also educating and building understanding between professionals.
The document discusses codes of ethics and professional conduct for nurses. It outlines several key principles for nursing ethics, including respecting patient autonomy and uniqueness, maintaining confidentiality, being competent and accountable, working as part of a team, and advancing the nursing profession. The code emphasizes nurses' responsibilities to prioritize patient care, obtain informed consent, and make ethical decisions. It also addresses legal issues in nursing practice and the importance of assertiveness, accountability, and visibility for the profession.
Professional ethics contempt of courts act - re arundhati roy caseMohith Sanjay
1) The Supreme Court initiated suo moto criminal contempt proceedings against author Arundhati Roy for her comments criticizing a Supreme Court decision in an article and during protests.
2) Roy argued her comments constituted fair criticism protected under law, while the Court held her comments scandalized the Court's authority with malafide intentions.
3) The Court sentenced Roy to one day imprisonment and a Rs. 2,000 fine, citing precedents around permissible criticism of courts and showing magnanimity by keeping the sentence symbolic given Roy is a woman.
Civil contempt of court refers to disobeying a court order in a civil proceeding, such as failure to pay court-ordered child support. It is distinct from criminal contempt. Sanctions for civil contempt aim to compel compliance with the court order or resolve the underlying case, and typically end when the party complies or the case concludes. Those held in civil contempt have fewer constitutional rights than in criminal contempt cases and can be jailed indefinitely until complying with the order.
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.
While Freedom of Speech and Expression is a fundamental right in India, of equal concern is a need to protect the authority and sanctity of Judiciary and the Parliament so as to afford them requisite space to perform their assigned roles. Hence the relevance of this topic.
The Supreme Court held that while bar councils and associations play an important role in upholding judicial standards, it is unconstitutional for them to demand a judge's resignation. The independence of the judiciary and rule of law must be preserved. The proper procedure is for serious allegations of misconduct against a judge to be brought to the Chief Justice, who can initiate an inquiry if warranted and take appropriate action to address the situation while avoiding undue pressure or embarrassment. Maintaining high ethical standards is crucial for public confidence in the courts.
The document provides an overview of plea bargaining in India. It defines plea bargaining as negotiations between the accused and prosecution where the accused pleads guilty in exchange for concessions. Plea bargaining originated in the US in the 1970s and was introduced in India based on the doctrine of nolo contendere. The document outlines the process for plea bargaining applications in India, including eligibility, contents of applications, procedures, and sentencing guidelines. It also discusses past opposition to plea bargaining in India and exceptions where it is not permitted.
A detailed presentation about types of Writs in the Constitution of India.
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Essays on Contemporary Legal Issues in IndiaShantanu Basu
This document provides an overview of appeals procedures under the Code of Civil Procedure, 1908 in India. It discusses the types of appeals allowed from original decrees and orders. It outlines the key provisions governing first appeals, second appeals, and appeals to the Supreme Court. It also examines what constitutes a "substantial question of law", which is required for second appeals to the High Court. The document clarifies that the first appellate court is considered the final court of facts, and the High Court cannot interfere with factual findings or assess evidence without such a question of law.
The Supreme Court of India enjoys several important powers and functions according to the constitution:
1. It acts as the interpreter of the Constitution and its decisions are final on questions of law, allowing it to invalidate laws and executive actions that are unconstitutional.
2. As the guardian of the constitution, the Supreme Court protects fundamental rights and ensures justice.
3. However, its independence was undermined during the Indian Emergency of 1975-1976 when constitutional rights were restricted. The judiciary is meant to act as a check on the executive.
AADHAR CRIME BOMB
The government’s decision to link Aadhaar numbers to bank accounts can lead to a surge in cyber-related crimes. At the receiving end will be ordinary Indians who now have to provide the number for virtually every activity of their daily life.
This document discusses plea bargaining in India. It provides background on plea bargaining, including how it emerged to help reduce court backlogs and expedite case resolutions. It describes different types of plea bargains, such as charge bargaining, fact bargaining, and sentence bargaining. The document also discusses some Supreme Court cases related to plea bargaining and notes some benefits and drawbacks of the practice in India. Overall, it provides a comprehensive overview of plea bargaining in the Indian legal system.
The document is a letter responding to a complaint made against District Judge Asplin. It summarizes the original complaint which included three points: 1) The reasons given for striking out the case differed from those given at the hearing. 2) The judge was bullying by rolling his eyes and insulting intelligence. 3) A request for a hearing agenda was refused. The response dismisses points 1 and 2, stating the complaints cannot be investigated or require disciplinary action. For point 3, it states the complainant should contact the court manager. The complainant disagrees with the dismissal and provides further explanation for why each point indicates a violation of judicial conduct standards.
Supreme Courts Contempt Jurisdiction in accordance with the Constitution of I...ParthSagdeo2
The document discusses the contempt jurisdiction of the Supreme Court of India. It has the power to punish for contempt under Article 129 of the Constitution in order to uphold its dignity and authority. Contempt can be civil, involving disobedience of a court order, or criminal, involving actions that scandalize or obstruct the court. The court has exercised this power to ensure fair trials and public confidence in the judiciary. Recent amendments have added truth as a defense for contempt.
The judicial system in India has a single integrated structure with the Supreme Court at the apex, High Courts at the state level, and district courts at the local level. It also provides for an independent and powerful judiciary to act as guardian of the Constitution. The Supreme Court currently has 29 judges including the Chief Justice, who is currently Justice Uday Umesh Lalit but will soon be replaced by Justice Dhananjaya Yeshwant Chandrachud. The Supreme Court has original, appellate and advisory jurisdiction and its decisions have binding precedent. Below the High Courts are subordinate courts that deal with various cases. India has a separation of powers between the judiciary, executive, and legislature to maintain independence of the courts.
3. The Role of Judges and Advocates in reducing Multiplicity of Suits in Civi...nipasakter1
The document discusses the doctrines of res judicata and res subjudice in Bangladesh law. It explains that res judicata, under Section 11 of the Civil Procedure Code, prohibits retrial of issues already settled between the same parties. Res subjudice, under Section 10, allows courts to stay proceedings when identical matters are pending in other courts. The document outlines the essential conditions for applying each doctrine, provides case law examples, and analyzes their role in preventing multiplicity of suits on the same issues in the Bangladesh legal system.
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.
This document discusses the concept and principles of precedent in the Indian legal system. It defines key terms like ratio decidendi, obiter dicta, and precedential value. It outlines how the doctrine of precedent evolved historically in India from ancient tribal courts to the modern hierarchy established under British rule and in the Indian Constitution. It also examines the different types of precedents, principles for when precedents are binding or persuasive, and how precedents can be treated or distinguished in subsequent cases.
Alternate Dispute Resolution Project for Law students (HNLU)AniruddhaMishra10
The document discusses various provisions of the Arbitration and Conciliation Act, 1996 relating to the competence and jurisdiction of arbitral tribunals in India. Some key points:
1. Section 16 provides that the arbitral tribunal has the power to rule on its own jurisdiction, including objections to the validity of the arbitration agreement. A decision rejecting a plea can be challenged through an application to set aside the arbitral award.
2. The tribunal is to treat parties equally and give each a full opportunity to present their case per Section 18.
3. Sections 19-26 cover determination of procedures, place of arbitration, commencement, language, statements of claim/defense, hearings, default of
The document discusses the following topics:
1. The judiciary module covers the powers and functions of the Supreme Court of India, including its original, appellate and advisory jurisdictions. It also discusses the appointment of the Chief Justice of India.
2. Judicial review is explained as the doctrine where legislative and executive actions are subject to review and possible invalidation by the judiciary based on compatibility with the constitution.
3. Public interest litigation allows litigation in the public interest to be introduced by the court itself or private parties, without requiring the directly affected party to approach the court. It aims to help those without resources to seek justice.
4. Examples of public interest litigation include a case regarding uncertified films
Similar to Purging Misconduct_Supreme Court on Professional Ethics of advocates (20)
This document discusses the taxation implications of technology transfer in India. It defines technology transfer and outlines the various types of intellectual property that can be transferred such as patents, copyrights, and trademarks. It also discusses how transfer of technology results in income that is taxed differently depending on whether it is classified as royalty, fees for technical services, or business profits. The document provides details on relevant sections of India's Income Tax Act regarding taxation of income from technology transfer and examines how double taxation avoidance agreements may impact taxation.
Critical Analysis of Dicey Rule of LawManish Kumar
Dicey's conception of the rule of law is criticized on several grounds. First, his view that parliamentary sovereignty means laws cannot be arbitrary or unjust did not anticipate that parliament could pass bad laws. Second, he did not foresee the need for administrative discretion in modern governance. While discretion is necessary, it must still be constrained by rule of law values like fairness. Third, his view of equality before the law overlooked that officials have powers citizens do not, and equality should account for social differences. More recent scholars have proposed updated principles to define rule of law in a way that better protects rights and limits discretion.
Section 3(j) OF Indian Patent Act, 1970Manish Kumar
This seminar presentation discusses various topics related to patents on plants, animals, and biological processes. It provides an overview of relevant Indian laws such as the Plant Variety and Farmers' Rights Act and the Biodiversity Act. It discusses provisions under TRIPS that allow for patents on plants and animals but exclude essentially biological processes. Examples are given of patent applications in India related to transgenic plants, herbal extracts, transgenic animals, stem cells, and fermentation processes. The challenges of patenting life forms from an ethical perspective are also mentioned.
This document discusses the process of converting physical securities like stocks and bonds into electronic form through dematerialization. It is not mandatory but allows one to hold investments partly in physical and partly in electronic form. The process involves surrendering physical certificates to a Depository Participant who then confirms the request with the relevant Central Depository before the registrar dematerializes the certificates and updates the relevant accounts. Dematerialization offers benefits like hassle-free transfers, lower costs, and protection from losing physical certificates.
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Purging Misconduct_Supreme Court on Professional Ethics of advocates
1.
2. When an advocate was punished for contempt of court, can he appear
thereafter as a counsel in the courts, unless he purges himself of such
contempt if he cannot, then what is the way he can purge himself of
such contempt?
Issue in the case:
The subject matter of the case was contempt of court, concerned with
the following laws
• Contempt of Courts Act, 1971 - Section 2, Section 12.
• Advocates Act, 1961 - Section 34, Section 34(1).
• Constitution of India - Article 14, Article 19(1), Article 21.
This case overruled the decision given in
Madan Gopal Gupta (Dr) v. Agra University MANU/UP/0004/1974.
3. Fact of the Case
The respondent is a Member of the Bar, for about three decades. His practice is
mostly confined to the criminal side and to the courts in Cochin. The proceedings
were initiated on a reference made by the Judicial Magistrate of the II Class, Cochin.
A controversy projected by the respondent about the correctness of some orders
passed by the Magistrate.
The Judicial Magistrate of the Second Class was holding that post in a temporary
capacity. He was formerly working in the office of the Advocate-General, and for
a fairly long period of about 11 years, before he was posted as a temporary
Magistrate for the first time in September, 1983. He later successfully competed
for selection as a Munsiff and is now functioning as Rent Controller at Thrissur.
4. THE PROCEEDINGS
At the instance of the petitioner, another advocate, the State Bar Council initiated
action against the respondent-advocate.
The Bar Council of Kerala thereupon initiated disciplinary proceedings against the
respondent-advocate and finally imposed a punishment on him debarring him
form "acting or pleading in any court till he gets himself purged of the contempt
of court by an order of the appropriate court".
The respondent-advocate challenged the order of the State Bar Council in an
appeal filed before the Bar Council of India. By the impugned order the Bar
Council of India set aside the interdict imposed on him.
5. THE CHARGES
The charge was, framed on 4-10-1990. The gravamen of the charge is that
the respondent organised and caused the staging of a demonstration
before the residence of the Hon'ble the Chief Justice of Kerala to protest
against Judicial acts of the Judicial Second Class Magistrate, Cochin, and
that he caused to publish posters in and near the Court premises containing
contemptuous remarks against the judiciary and threats against the Judicial
Second Class Magistrate, Cochin.
The respondent denied the charge. This necessitated a trial. In the course of
such trial, many petitions were filed by the respondent seeking various
reliefs.
6. The Kerala High Court
Charges against Respondent was fully established for organizing demonstration
before residence of Chief Justice and with view to sway Courts in proceedings
pending before a subordinate Court, which is grave threat to Rule of Law and to
administration of justice.
Furthermore, gravity of Respondents misconduct was enhanced when he had
made arrangements by telephoning editor of English daily to cover the news of
a demonstration as also report and photograph published under Ext. P1 had
seriously disturbed administration of justice and working of Courts.
The Kerala High Court also observed that
“assuming that any order of the judicial officer is erroneous, a remedy is prescribed
under our judicial system for obtaining the necessary relief. The hierarchy of Courts
strives to attain perfection in the administration of justice.”
7. The Kerala High Court
The High Court of Kerala found the respondent-advocate guilty of criminal
contempt and convicted him under Section 12 of the Contempt of Courts Act,
1972, and sentenced him in one case to a fine of Rs. 10,000/- (to be credited, if
realised, to the funds of Kerala Legal Aid Board). In the second case he was
sentenced to pay a fine of Rs. 2,000/-.
8. THE SUPREME COURT OF INDIA
"We regretfully will not be able to accept his apology at this belated juncture, but would
rather admonish the appellant for his conduct under our penalty powers under the
constitution, which we do hereby."
The above conviction and sentence and refusal to accept the apology tendered
on his behalf did not create any ripple in him, so far as his resolve to continue to
appear and conduct cases in the courts was concerned.
Rule 11 of the "Rule framed by the High Court of Kerala under Section 34(1) of
the Advocate Act, 1961, regarding conditions and practice of Advocates"
(hereinafter referred to as the Rules). Rule 11 reads thus:
"No advocate who has been found guilty of contempt of Court shall be
permitted to appear, act or plead in any Court unless he has purged himself
of the contempt."
9. THE SUPREME COURT OF INDIA
The above rule shows that it was not necessary for the Disciplinary Committee
of the Bar Council to impose the said interdict as a punishment for misconduct.
Even if the Bar Council had not passed proceedings (which the Disciplinary
Committee of the Bar Council of India has since set aside as per the impugned
order) the delinquent advocate would have been under the disability contained
in Rule 11 quote above. It is a self-operating rule of which only one stipulation
need be satisfied i.e. the advocate concerned should have been found guilty of
contempt of court. The termini of the period of operation of the interdict is
indicated by the next stipulation i.e. the contemnor purges himself of the
contempt.
10. THE SUPREME COURT OF INDIA
There is no question of Rule 11 being binding on the Disciplinary Committee or any other
organ of the Bar Council. There is nothing in the said rule which would involve the Bar
Council in any manner. But there is nothing wrong for the Bar Council informing a
delinquent advocate of the existence of a bar contained in Rule 11 and remind him of his
liability to abide by it. hence the question formulated by the Disciplinary Committee of
the Bar Council of India, as aforequoted, was unnecessary and fallacious.
After examining Rule 11 of the Rules the Disciplinary Committee of the Bar Council of India held
that "there cannot be an automatic deprivation of the right of an advocate to appear, act or plead in a
court, since such a course would be unfair and even violative of the fundamental rights guaranteed
under Articles 14 19(1)(g) and 21 of the Constitution of India." In the end the Disciplinary
Committee of the Bar Council of India made an unwarranted proposition on a misplaced
apprehension as follows:
"The independence and autonomy of the Bar Council cannot be surrendered to the provisions
contained in Rule 11 of the Rules made by high Court of Kerala under S. 34(1) of the Advocate Act."
11. THE SUPREME COURT OF INDIA
The Supreme Court held that “The very sight of an advocate, who was found
guilty of contempt of court on the previous hour, standing in the court and
arguing a case or cross-examining a witness on the same day, unaffected by the
contemptuous behavior he hurled at the court, would erode the dignity of the
court and even corrode the majesty of it besides impairing the confidence of
the public in the efficacy of the institution of the courts. This necessitates
vesting of power with the High Court to formulate rules for regulating the
proceeding inside the court including the conduct of advocates during such
proceedings. That power should not be confused with the right to practice law.
While the Bar Council can exercise control over the latter the High Court should
be in control of the former.”
12. THE SUPREME COURT OF INDIA
"Purging oneself of contempt can be only by regretting or apologising in the
case of a completed action of criminal contempt. If it is a case of civil contempt,
by subsequent compliance with the order or directions the contempt can be
purged off. There is no procedural provision in law to get purged of contempt by
an order of an appropriate court.“
The Allahabad High Court in the case of Dr. Madan Gopal Gupta v. The Agra
University and Ors., AIR1974All39 had a different opinion which is mentioned
hereunder was hereby overturned by this judgment. The Allahabad High Court
had held that:
"In my opinion a party in contempt purged its contempt by obeying the orders of
the court or by undergoing the penalty imposed by the court."
13. THE SUPREME COURT OF INDIA
Section 2 of the contempt of Courts act categories contempt of court into two
categories. The first category is "civil contempt" which is the wilful disobedience
of the order of the court including breach of an undertaking give to the court.
But "criminal contempt" includes doing any act whatsoever which tends to
scandalise or lowers the authority of any court, or tends to interfere with the
due course of a judicial proceeding or interferes with, or obstructs the
administration of justice in any other manner.
14. THE SUPREME COURT OF INDIA
M.B. Sanghi, Advocate v. High Court of Punjab and Haryana and ors.
1991CriLJ2648a, while considering an apology tendered by an advocate in
contempt proceeding has stated thus:
"And here is a member of the profession who has repeated his performance
presumably because he was let off lightly on the first occasion. Soft justice is not
the answer not that the High Court has been harsh with him - what I mean is he
cannot be let off on an apology which is far from sincere. His apology was
hollow, there was no remorse - no regret - it was only a device to escape the
rigour of the law. What he said in his affidavit was that he had not uttered the
words attributed to him by the learned Judge; in other words the learned
judge was lying - adding insult to injury - and yet if the court finds him guilty
the contested the matter tooth and nail) his unqualified apology may be
accepted. This is no apology, it is merely a device to escape."
15. THE SUPREME COURT OF INDIA
A four Judge Bench of this Court in Mulk Raj v. State of Punjab 1972CriLJ754
made the following observations which would throw considerable light on the
question before us:
"Apology is an act of contribution. Unless apology is offered at the earliest
opportunity and in good grace apology is born of penitence. If apology is offered
at a time when the contemnor finds that the court is going to impose
punishment it ceases to be an apology and it becomes an act of a cringing
coward. The High Court was right in not taking any notice of the appellant's
expression of apology 'without any further word'. The High Court correctly said
that acceptance of apology in the case would amount to allow the offender to
go away with impunity after having committed gross contempt."
16. THE SUPREME COURT OF INDIA
The Apex court prescribed a manner in which advocates can purge themselves, if
found guilty of contempt of court. The advocates cannot act or plead in any court
unless they purge themselves. The Hon’ble court also directed the Registrar of
Kerala High Court to intimate all the courts about this interdict against the
respondent-advocate.
The court also direct that in future, whenever an advocate is convicted by the
High Court for contempt of court, the Registrar of that High Court shall intimate
the fact to all the courts within the jurisdiction of that High Court so that
presiding officers of all courts would get the information that the particular
advocate is under the spell of the interdict contained in Rule 11 of the Rules until
he purges himself of the contempt.
17. THE SUPREME COURT OF INDIA
1) The first thing to be done in that direction when a contemnor is found guilty
of a criminal contempt is to implant or infuse in his own mind real remorse
about his conduct which the court found to have amounted to contempt of
court.
2) Next step is to seek pardon from the court concerned for what he did on the
ground that he really and genuinely repented and that he was resolved not
to commit any such act in further. It is not enough that he tenders an
apology.
3) The apology tendered should impress the court to be genuine and sincere.
4) If the court, on being impressed of his genuineness, accepts the apology
then it could be said that the contemnor has purged himself of the guilt.