The Bar Council of India regulates and represents the Indian bar. It was established under the Advocates Act of 1961 to prescribe standards for professional conduct and ethics, and exercises disciplinary control over lawyers. The BCI has committees that oversee legal education, discipline, and executive functions. Some issues facing the profession include fabrication of evidence, violating ethics, and settling cases for money. The BCI works to combat deviance through its Disciplinary Committee, which has powers like a civil court to summon people, require documents, and issue commissions to examine witnesses. It can punish lawyers for misconduct under the Advocates Act. Reforming legal education and making the system more client-friendly could help improve the image of lawyers.
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
“White collar crimes are a big global concern and is increasing at an alarming rate. Various studies have proved that the financial loss to the society from white collar crimes is much more than the other crimes. India is a developing country and white collar crimes are not only a detriment to the economic growth of the country but also spoils the image of our country.”
Created By:
Tejinder Singh
Counsel
Ricky Chopra International Counsels
website: rickychopra.co
Read here https://rickychopra.co/2018/02/21/white-paper-on-white-collar-crime/
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.
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
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
“White collar crimes are a big global concern and is increasing at an alarming rate. Various studies have proved that the financial loss to the society from white collar crimes is much more than the other crimes. India is a developing country and white collar crimes are not only a detriment to the economic growth of the country but also spoils the image of our country.”
Created By:
Tejinder Singh
Counsel
Ricky Chopra International Counsels
website: rickychopra.co
Read here https://rickychopra.co/2018/02/21/white-paper-on-white-collar-crime/
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.
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
Zusammen mit einem Team an professionellen Psychologen, haben wir einen zuverlässigen Algorithmus entwickelt, der IHRE, wenn gewünscht aber auch die Persönlichkeit Ihrer Familie, Freunde und Bekannten genau analysiert. Die Analyse basiert rein auf Ihrem Geburtsdatum und keinen Annahmen oder Deutungen. Ergebnis ist ein äußerst aussagekräftiges Persönlichkeitsportrait über Sie. https://personalitycheck-online.com/persoenlichkeit/lead-landingpage/
If you suspect someone of committing medicare/medicaid fraud against state or federal governments, a lawyer can help you step forward to report the fraudulent activity.
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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.
Tribunals are mainly a twentieth-century phenomenon, for it was long part of the conception of the rule of law that the determination of questions of law- that is to say, question which require the findings of facts and the application of definite legal rules or principles – belonged to the Courts exclusively.
Legal Ethics very important in professional field. Advocacy is very common in the entire world it is a particular subject regarding this. It is important for all law students. it is also very important for professional of other field also. This is my first ppt on Legal Ethics. Keep visiting for the 2nd lecture. Like and Share my ppt on slide share. You can also watch it on you tube
Proactive and Imaginative Role of BCI in Legal EducationNilendra Kumar
Bar Council as a regulator has been assigned a distinct and significant role in legal education. Law colleges, legal practitioners and others connected with the profession, parliamentarians, and the citizen need to examine the performance of Bar Council so far and action, if any to be taken.
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1. Role of BCI for combat
deviance by lawyers
Shivam.jh.chokshi
Roll no.7
2. Introduction of BCI
The Bar Council of India is a statutory body that
regulates and represents the Indian bar.
The Bar Council of India was established under
section -4 of the Advocates Act,1961.
It prescribes standards for professional conduct,
etiquettes, and exercises disciplinary jurisdiction
over the bar.
The members of BCI are:
1.The Attorney General of India, ex officio,
2. The Solicitor General of India, ex officio,
3. Main functions of BCI
1. To lay down standards of professional conduct
and etiquette for advocates.
2.To promote and support law reform
3.To safeguard the rights, privileges and interests
of advocates.
4.To exercise general supervision and control
over state Bar Council.
4. Committee of BCI
• There are three main committee of Bar
Council of India:-
1.Legal Education Committee
2.Disciplinary Committee
3.Executive Committee
5. Deviance created by Advocates.
• Legal Profession is a noble profession. Lawyers can perform well if
they maintain certain ethical moral standards. But Today in India
the lawyers profession is not looked with much respect .
• Deviances created by lawyers are :
1. Fabrication of false Evidence.
2. Violating professional ethics.
3. Settlement of case in consideration of huge sum of money by
lawyers.
4. Manage opposite lawyers by payment of money.
5. Chamber Practice
6. IO and Medical officers managed with the lawyers to win their
case.
6. Role of Bar Council of India Combat
deviance by lawyers.
• Disciplinary Committee of Bar Council of India
plays an important role in combating deviance by
lawyers.
• Chapter-V of the Advocates Acts,1961 deals with
the conduct of Advocates.
• Section35:Punishment of Advocates for
misconduct.
• Section.36: Disciplinary powers of Bar Council of
India.
• Section.37: Appeal to the Bar Council of India.
7. Powers of Disciplinary Committee
• Section 42 of the Advocates Act,1961 deals with
the powers of Disciplinary committee.
• The powers of Disciplinary Committee is same as
that of Civil court.
1. Summoning and enforcing the attendance of any
person and examining him on oath,
2.Requiring discovery and production of any
documents.
3.issuing commission for the examination of
witness
8. Cases
1. P.D.GUPTA V.RAM MURTI AND ANR.(purchase
of the property in dispute of the client)
2.ALLAHABAD BANK V. GIRISH PRASAD
VERMA(Non filing of the case with a nominal
court fee)
3.SURENDRA NATH MITTAL V. DAYA NAND
SWAROOP(manipulation of decree)
9. Difference between contempt of court
vis a vis Professional misconduct.
• Professional misconduct Contempt of Court.
1.It applies only to 1. It applies to both
Lawyer.
2.Cross examination is 2. It is limited.
Allowed.
3.Principle of Nautral 3. It will be applicable.
Justice will not be
applicable
case: Suo moto Enquiry v. Nand lal balwani
10. SUGGESTIONS
• To play a constructive role in the administration
of legal system.
• Forums like. COJA,FJA,FIAT that works on legal
reform should be encouraged.
• The legal system should be client friendly.
• Legal education should be improved.
• To improve the image of the lawyer in the society.