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Contempt of court

SMT. LAVANYA C & ANR. versus VITTAL GURUDAS PAI SINCE DESEASED BY LRS. & ORS.

The undertaking given by counsel on 11 July 2007 (reiterated 13 August 2007) was made an order of the Trial Court on 17 November 2007 and extended thereafter; the appellants alienated the subject property despite that order and, having not sought discharge of the order earlier, were rightly held guilty of disobedience of the undertaking/order and liable for contempt. The High Court's contempt finding is confirmed but the sentence of three months' civil imprisonment was deleted and compensation increased to Rs.13,00,000 with simple interest @6% from 2 August 2013; attachment of the subject pro…

Source excerpt

  • Disobedience of undertaking
  • Order xxxix rule 2a cpc
  • Temporary injunction
  • Civil contempt
  • Undertaking without requisite authority from client
  • Alienation of subject matter property
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Constitutional law

SHANKAR LAL SHARMA versus RAJESH KOOLWAL & ORS.

Given the petitioner's advanced age, limited means and the representations made by the parties and Amicus Curiae, the Court directed a monetary settlement of Rs.20,00,000 as full and final settlement of all claims, ordered payment of Rs.1,00,000 to the Amicus Curiae as appreciation, and held that advocates should volunteer to assist indigent litigants to enhance access to justice.

Source excerpt

  • Role of advocates
  • Indigent litigant
  • Amicus curiae
  • Settlement
  • Mediation
  • Conciliation
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Consumer protection

BAR OF INDIAN LAWYERS THROUGH ITS PRESIDENT JASBIR SINGH MALIK versus D. K. GANDHI PS NATIONAL INSTITUTE OF COMMUNICABLE DISEASES AND ANR.

A service hired or availed of an advocate is a service under a contract of personal service and therefore falls within the exclusionary part of the definition of 'service' in s.2(42) of the Consumer Protection Act, 2019; consequently a complaint alleging 'deficiency in service' against advocates practising the legal profession is not maintainable under the CP Act, 1986/2019. Additionally, having regard to the objects and scheme of the CP Act, the legislature did not intend to include professions or services rendered by regulated professionals within the Act; the three-Judge decision in Indian…

Source excerpt

  • Definition of service
  • Deficiency in service
  • Sui generis legal profession
  • Contract of personal service
  • Interpretation of consumer protection act
  • Reference to larger bench
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Constitutional law

MATHEWS J. NEDUMPARA & ORS. versus UNION OF INDIA & ORS.

The designation of Senior Advocates under Sections 16 and 23(5) of the Advocates Act, 1961 and Order IV Rule 2 of the Supreme Court Rules, 2013 is a legislative classification that is not arbitrary; it is a recognition of merit with a discernible and transparent mechanism and does not violate Articles 14, 19 or 21; the petition is dismissed.

Source excerpt

  • Designation of senior advocates
  • Article 14 equality
  • Right to practice (article 19)
  • Right to life (article 21)
  • Advocates act sections 16 and 23(5)
  • Supreme court rules order iv rule 2
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Advocates act, 1961

BAR COUNCIL OF INDIA versus BONNIE FOI LAW COLLEGE & ORS.

The Court held that the Bar Council of India has adequate statutory powers under Sections 49 read with Section 24(3)(d) and the functions in Section 7 of the Advocates Act, 1961 to prescribe pre-enrolment training and examinations (including the All India Bar Examination); the prior decision in V. Sudeer is not correct law on this point and cannot be sustained; whether the examination is to be held pre- or post-enrolment is left to the Bar Council of India, subject to safeguards and rules including allowance for final-semester students to appear subject to later proof of passing, time-limitat…

Source excerpt

  • Bar council rule-making
  • All india bar examination
  • Pre-enrolment training
  • Post-enrolment examination
  • Discipline and enrolment
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Legal profession

AMIT SACHAN & ANR. versus BAR COUNCIL OF UTTAR PRADESH, LUCKNOW & ORS.

Given the documented unruly, indecent and security-threatening conduct by some advocates during the polling held on 14.08.2021 in the High Court premises, the High Court was justified in taking suo motu cognizance and issuing directions (including holding fresh elections) to maintain the purity and decorum of the Bar Association election; there is no reason to interfere with those directions and the Special Leave Petitions are dismissed.

Source excerpt

  • Election of bar association
  • Misconduct by advocates
  • Suo moto cognizance
  • Court decorum
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Legal profession

IN RE: ADVOCATE ON RECORD INCLUDES A PROPRIETARY FIRM ETC. versus .

The Court held that, while any broader permission to register and operate under various sole proprietorship styles would require amendment of the Supreme Court Rules and is a matter for the rule-making authorities, on the individual facts the petitioner may use the specific style "Law Chambers of Siddharth Murarka, Sole Proprietor Siddharth Rajkumar Murarka, Advocate on Record, Supreme Court of India AOR NO.2151, M: 9324175774/1" on his letterhead and in Vakalatnamas, and any such Vakalatnamas will be treated as Vakalatnama of Mr. Siddharth Rajkumar Murarka, Advocate-on-Record.

Source excerpt

  • Advocate-on-record registration
  • Vakalatnama
  • Use of firm/style name on letterhead
  • Supreme court rules, 2013
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Judiciary

SURENDRA PRASAD MISHRA versus SMT. RAMAWATI AND OTHERS

The High Court was right in setting aside the order relating to lawyers' fee dispute, but it overstepped by passing scathing remarks on the appellant's integrity and imposing costs; such remarks are to be expunged and the imposition of costs is set aside.

Source excerpt

  • Adverse remarks against judicial officers
  • Lawyers' fee dispute
  • Motor accident claims tribunal
  • Court's jurisdiction over advocates' disputes
  • Costs imposed on judicial officers
  • Expunging remarks
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Constitutional law

R. MUTHUKRISHNAN versus THE REGISTRAR GENERAL OF THE HIGH COURT OF JUDICATURE AT MADRAS

The High Court of Madras exceeded its powers by framing Rules 14A to 14D under Section 34 of the Advocates Act, 1961, as that provision does not empower the High Court to frame rules for debarment of advocates for professional misconduct; such disciplinary control is the statutory prerogative of the Bar Councils, and the impugned rules are ultra vires and liable to be quashed.

Source excerpt

  • Disciplinary control of advocates
  • Powers of high courts under advocates act
  • Autonomy of bar council
  • Independence of bar
  • High court rules
  • Contempt of court
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Administrative law

PRATAP MEHTA versus SUNIL GUPTA & ORS.

Both elections held on 29.06.2014 and 02.08.2014 were invalid because proper notice and agenda as required by rule 7 of Bar Council of India Rules were not issued; High Court was correct in ordering a fresh election and giving effect to the fresh election conducted on 12.08.2018.

Source excerpt

  • Bar council elections
  • Validity of elections
  • Writ jurisdiction
  • Notice and agenda requirements
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.