Court's Functioning Can't Be Brought To A Grinding Halt On Account Of Bar Association Elections: Allahabad High Court
2 years, 6 months ago

Court's Functioning Can't Be Brought To A Grinding Halt On Account Of Bar Association Elections: Allahabad High Court

Live Law  

The Allahabad High Court has observed that the work of a Court can not be brought to a grinding halt on account of the fact that the elections of a registered society are to be held.The Bench of Justice J. J. Munir further said that the Bar Association is not established to obstruct the functioning of the Court and interfere with the discharge of its sovereign functions.The case in briefThe. The Bench of Justice J. J. Munir further said that the Bar Association is not established to obstruct the functioning of the Court and interfere with the discharge of its sovereign functions. The case in brief The Court observed thus while dealing with a plea filed under Article 227 of the Constitution of India moved by one Rajani against the order passed by Civil Judge Fast Track Court, Muzaffarnagar rejecting her application 85C seeking to recall orders two orders in a civil suit. Further, stressing that the Bar Association is not established to obstruct the functioning of the Court and interfere with the discharge of its sovereign functions, the Court found justification in the lower court's order of 14.12.2021, directing the suit to come up for address of arguments ex-parte.

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History of this topic

'No Stay On Bar Association Elections', Supreme Court Reiterates; Asks DHCBA To Resolve Issue Of Women Reservation Amicably By Next Week
1 week, 6 days ago

'No Stay On Bar Association Elections', Supreme Court Reiterates; Asks DHCBA To Resolve Issue Of Women Reservation Amicably By Next Week

Live Law  

Hearing the pleas seeking reservation for women lawyers in Delhi Bar bodies, the Supreme Court today reiterated that no stay has been imposed on the elections of Bar Associations across the country. In the context of Delhi High Court Bar Association, the Court asked DHCBA President Mohit Mathur to see that the issue of women reservation is resolved "immediately and …

Judges Must Continue Work Even During Lawyers' Strike; Provide Police Protection To Litigants If They Wish To Argue: Allahabad HC
1 week, 6 days ago

Judges Must Continue Work Even During Lawyers' Strike; Provide Police Protection To Litigants If They Wish To Argue: Allahabad HC

Live Law  

In a strongly worded order, the Allahabad High Court recently expressed concern that litigants are being deprived of relief in courts due to ongoing lawyer strikes, despite the availability of statutory remedies for their grievances. “I am afraid to know that the litigants are not getting justice from courts of law despite there being statutory remedy available and are compelled …

No Interim Stay On Bar Association Elections Being Held Strictly As Per Bye-Laws, Policies : Supreme Court Clarifies
Trending News
2 weeks ago

No Interim Stay On Bar Association Elections Being Held Strictly As Per Bye-Laws, Policies : Supreme Court Clarifies

Live Law  

During the hearing of the case concerning strengthening of Bar Associations across the country, the Supreme Court today clarified that there is no impediment against Bar Associations holding elections strictly in accordance with their constitutions/bye-laws/policies/rules. "It is clarified that there is no interim stay passed by this Court against holding of elections of the Bar Associations strictly in accordance with …

Allahabad HC Questions Bar Association's Resolution To Cancel Membership Of Lawyers Pursuing Personal Matters Against Fellow Advocates
4 weeks ago

Allahabad HC Questions Bar Association's Resolution To Cancel Membership Of Lawyers Pursuing Personal Matters Against Fellow Advocates

Live Law  

In a strongly worded order, the Allahabad High Court on Monday took judicial notice of a resolution drawn by the Etah Bar Association to the effect that if any lawyer takes up a personal matter against a fellow lawyer, his/her membership with the Bar Association will be cancelled. A bench of Justice Kshitij Shailendra issued notice to the President of …

Allahabad High Court Cautions Bar Members Against Actions That Could Tarnish Judges' Image In The Eyes Of Public
1 month, 1 week ago

Allahabad High Court Cautions Bar Members Against Actions That Could Tarnish Judges' Image In The Eyes Of Public

Live Law  

The Allahabad High Court recently observed that members of the Bar should be more responsible when their actions may malign or, to some extent, question a judge's image in the eyes of the public at large. Essentially, the Court expressed displeasure over the fact that the brief holder appearing for the advocate for the appellants did not inform the Court …

Allahabad HC to only entertain Bar Association resolutions for ‘no adverse orders’
1 month, 2 weeks ago

Allahabad HC to only entertain Bar Association resolutions for ‘no adverse orders’

Hindustan Times  

Observing that it is unfortunate that the functioning of the court is put on hold without considering the importance of public time and public money, as well as the objective to ensure a speedy justice delivery system, the Allahabad high court has stated that in the future, it will only entertain resolutions passed by the Bar Association for “no adverse …

Allahabad High Court Temporarily Restrains District Bar Associations In UP From Holding Strikes
5 months ago

Allahabad High Court Temporarily Restrains District Bar Associations In UP From Holding Strikes

Live Law  

In a stern direction to the bar bodies in the state of Uttar Pradesh, the Allahabad High Court has directed that none of the Bar Associations of any district courts in the state would resort to any strike till August 7. Hearing the matter on July 8, the High Court directed key legal bodies, including the Bar Council of India, …

Supreme Court Stays MP High Court Order Debarring 10 Advocates For Holding Strike, Says Lawyers Must Show Some Responsibility
8 months, 2 weeks ago

Supreme Court Stays MP High Court Order Debarring 10 Advocates For Holding Strike, Says Lawyers Must Show Some Responsibility

Live Law  

The Supreme Court on Wednesday stayed the Madhya Pradesh High Court order which debarred 10 members of the Seoni District Bar Association from appearing in any court for a period of one month and contesting elections to the Bar Association or Bar Council of the state. Recently, Madhya Pradesh High Court dropped 2624 contempt cases and 1938 show cause notices …

Allahabad HC Criticises Bar Assoc. Resolution Restraining Its Members From Appearing In Cases Against Advocates, Seeks Explanation
8 months, 4 weeks ago

Allahabad HC Criticises Bar Assoc. Resolution Restraining Its Members From Appearing In Cases Against Advocates, Seeks Explanation

Live Law  

The Allahabad High Court recently expressed its strong disapproval of the Bahraich District Bar Association's resolution that restrained its member-advocates from representing accused individuals if the matter is against any other advocate. A bench of Justice Subhash Vidyarthi stressed that such a resolution of the Bar Association restraining Advocates in general from appearing in any matter against any Advocate, is …

Allahabad High Court Weekly Roundup: February 12 - February 18, 2024
10 months ago

Allahabad High Court Weekly Roundup: February 12 - February 18, 2024

Live Law  

NOMINAL INDEX Smt Usha Verma And Another vs. State Of U.P. And 2 Others 2024 LiveLaw 96 Visible Alpha Solutions India Private Limited vs. Commissioner, CGST Appeals, Noida And Another 2024 LiveLaw 97 2024 LiveLaw 98 ORDERS/JUDGMENTS OF THE WEEK Writ Petition Has To Be Drafted Carefully, Reliefs Sought Must Be Supported By Pleadings: Allahabad High Court Rejects Claim For …

Courts Are Not Industrial Establishments, Bar Can't Bargain Their Demands Like Trade Unions: Allahabad High Court On Lawyers' Strike
10 months, 3 weeks ago

Courts Are Not Industrial Establishments, Bar Can't Bargain Their Demands Like Trade Unions: Allahabad High Court On Lawyers' Strike

Live Law  

Expressing alarm over a petition concerning continuous strike in Tehsil Bar Association Rasara, District Ballia, the Allahabad High Court remarked, “In our judicial system, strike brings the wheels of justice to a standstill, bringing cheer and happiness amongst enemies of justice. In that eventuality, we would certainly shatter the faith reposed by us in ourselves while giving us the Constitution …

Lawyers’ strike to continue, says Bar Council of UP
1 year, 3 months ago

Lawyers’ strike to continue, says Bar Council of UP

Hindustan Times  

LUCKNOW The Bar Council of UP on Wednesday decided to continue its strike against the state government’s “inaction” in the August 29 incident of alleged police lathicharge on advocates in Hapur. Office-bearers of all lawyers’ associations of the state capital assembled at gate number six of the high court in Lucknow and staged a protest over the Hapur incident. “Lawyers …

Stopping judicial work not acceptable: Supreme Court
1 year, 5 months ago

Stopping judicial work not acceptable: Supreme Court

Deccan Chronicle  

New Delhi: Preventing courts from functioning is “not acceptable”, the Supreme Court said on Monday, and asked the Bar Council of India to file an affidavit setting forth what action has been taken when bar associations have called for strike in the last one year. Advocate Prashant Bhushan, appearing for the NGO, said they have not received a copy of …

Allahabad High Court Weekly Round-Up: December 12 To December 18, 2022
2 years ago

Allahabad High Court Weekly Round-Up: December 12 To December 18, 2022

Live Law  

NOMINAL INDEX Bal Kumar Patel Alias Raj Kumar v. State of U.P. 2022 LiveLaw 532 ORDERS/JUDGMENTS OF THE WEEK Allahabad High Court Denies Anticipatory Bail To Former MP & Brother Of Slain Dacoit 'Dadua' In A Cheating Case Case title - Bal Kumar Patel Alias Raj Kumar v. State of U.P. Allahabad High Court Denies Bail To 2 Alleged PFI …

"Suspension Won't Do, Need Major Steps" : Supreme Court Asks Bar Council Of India To Act Against Advocates' Strikes
2 years ago

"Suspension Won't Do, Need Major Steps" : Supreme Court Asks Bar Council Of India To Act Against Advocates' Strikes

Live Law  

The Supreme Court on Tuesday observed that the Bar Council of India, being a major body, has to come up with propositions to handle situations regarding advocates agitating and going on strikes.A bench comprising of Justices Dinesh Maheshwari and Sudhanshu Dhulia expressed that, "This is a matter which should concern all of us not only on the point of law …

Allahabad High Court Orders State Bar Council Enquiry Against An Advocate Allegedly Involved In Running A Business
2 years, 1 month ago

Allahabad High Court Orders State Bar Council Enquiry Against An Advocate Allegedly Involved In Running A Business

Live Law  

The Allahabad High Court has directed the Bar Council of Uttar Pradesh to inquire into and take suitable action in accordance with the law against an Advocate for allegedly running a business. For context, an advocate cannot run any business personally and earn a profit as per Rule 47 of the Bar Council of India Rules.The matter came to light …

Proposal To Elevate SC Advocates As HC Judges | Allahabad High Court Bar Association To Abstain From Judicial Work
2 years, 3 months ago

Proposal To Elevate SC Advocates As HC Judges | Allahabad High Court Bar Association To Abstain From Judicial Work

Live Law  

The High Court Bar Association, Allahabad has decided to abstain from judicial after lunch today and tomorrow as a mark to protest against the proposal to elevate certain advocates as HC Judges who are purportedly not practicing before the Allahabad High Court.A notification in this regard was released today by the HCBA, Allahabad informing that it has decided to abstain …

Supreme Court Issues Notice To Punjab & Haryana Bar Council On Plea Alleging Irregularities In Ludhiana Bar Election
2 years, 5 months ago

Supreme Court Issues Notice To Punjab & Haryana Bar Council On Plea Alleging Irregularities In Ludhiana Bar Election

Live Law  

The Supreme Court on Tuesday issued notice to the Bar Council of Punjab and Haryana in a plea alleging that elections are held in the District Bar Association, Ludhiana without complying with the provisions of the 2015 Bar Associations Rules, with the voters' list comprising non-advocates and others without any voting rights. The petitioner contends that the voter list of …

Tehsil Lawyers On Strike For Almost 2 Yrs: Allahabad HC Directs State Bar Council To Take Disciplinary Action
2 years, 10 months ago

Tehsil Lawyers On Strike For Almost 2 Yrs: Allahabad HC Directs State Bar Council To Take Disciplinary Action

Live Law  

The Allahabad High Court on Monday directed the Uttar Pradesh Bar Council to take disciplinary action against striking lawyers at Uttar who continuously abstained from work on every date between February 5, 2020 to January 5, 2022.The Bench of Justice Rohit Ranjan Agarwal issued this extraordinary order after observing that the Apex Court has held the strikes by lawyers to …

"Conduct Interferes With Justice Administration": Allahabad HC Orders Action Against Official Who Failed To Send Case File To Court
2 years, 11 months ago

"Conduct Interferes With Justice Administration": Allahabad HC Orders Action Against Official Who Failed To Send Case File To Court

Live Law  

The Allahabad High Court on Monday directed departmental action against the Assistant Registrar of the High Court who failed to list a particular case in the fresh list and send the case file to the court citing various administrative instructions and remained defiant even when enquired by the HC about his failure to perform his duty.Significantly, when the Bench of …

Bar Association Essentially A Private Body, Writ Won't Lie For Dispute Over Its Office Bearer: Allahabad High Court
3 years ago

Bar Association Essentially A Private Body, Writ Won't Lie For Dispute Over Its Office Bearer: Allahabad High Court

Live Law  

The Allahabad High Court has observed that disputes regarding the office bearer of a Bar Association can't be decided in a writ petitioner as the Bar Associations are essential private bodies. "The Bar Association remains essentially a private body and in respect of dispute of its office bearer a writ petition ordinarily would not lie", the Bench of Justice Ashwani …

Allahabad HC Seeks UP Bar Council's Reply On Procedure To Deal With Complaints Against Lawyers Practising With Forged degrees
3 years, 2 months ago

Allahabad HC Seeks UP Bar Council's Reply On Procedure To Deal With Complaints Against Lawyers Practising With Forged degrees

Live Law  

The Allahabad High Court has sought the response of the Bar Council of Uttar Pradesh as to whether it has formulated a procedure with regard to verification of complaints against the alleged fake lawyers, who are practising on the basis of forged and fictitious degrees.The Bench of Justice Manoj Misra and Justice Jayant Banerji was hearing a plea filed by …

Can Bar Council Interfere In Election Process Of Bar Association? Kerala High Court To Consider
3 years, 2 months ago

Can Bar Council Interfere In Election Process Of Bar Association? Kerala High Court To Consider

Live Law  

The Kerala High Court on Thursday admitted a writ petition questioning the power of the Bar Council of Kerala to interfere in the election process and affairs of a Bar Association.Advocates Unnikrishnan KM and Oliver Dantes, the President and Secretary of Kunnamkulam Bar Association approached the High Court challenging a letter issued by the Bar Council of Kerala in which …

Awadh Bar Association Elections: Supreme Court Dismisses Plea Challenging Allahabad HC's Guidelines To Conduct Fresh Elections
3 years, 3 months ago

Awadh Bar Association Elections: Supreme Court Dismisses Plea Challenging Allahabad HC's Guidelines To Conduct Fresh Elections

Live Law  

The Supreme Court today dismissed the special leave petitions assailing Allahabad High Court's order dated August 24 and August 27 of cancelling the election process and imposing some restrictions while conducting elections of the Awadh Bar Association afresh. Case Before Allahabad High Court The bench of Justices Ritu Raj Awasthi and Dinesh Kumar Singh in the suo motu case relating …

To Address Problem Of Lawyers' Strikes, Supreme Court Mulls Constitution Of Grievance Committees At Local Levels
3 years, 3 months ago

To Address Problem Of Lawyers' Strikes, Supreme Court Mulls Constitution Of Grievance Committees At Local Levels

Live Law  

The Supreme Court on Monday decided to pass a comprehensive detailed order on how to deal with the problem of lawyers' strikes and court boycotts. The Court observed that a detailed order needs to be passed, since despite the firm stand taken by Bar Council of India and State Bar Councils that illegal and unreasonable strikes and boycotts can never …

Proposing To Frame Rules To Curtail Lawyers' Strikes & Court Boycotts, BCI Tells SC
3 years, 3 months ago

Proposing To Frame Rules To Curtail Lawyers' Strikes & Court Boycotts, BCI Tells SC

Live Law  

The Bar Council of India informed the Supreme Court on Friday that it is proposing to frame rules to curtail strikes by lawyers and court boycotts and to take action against bar associations who act in breach and against advocates who promote such strikes through social media.The BCI Chairman Senior Advocate Manan Kumar Mishar told a bench comprising Justices DY …

"Demand Not Justified, Such Politics Shouldn't Be Allowed In Any Bar Association": BCI On P&H HCBA Resolution Against CJ Ravi Shanker Jha
3 years, 7 months ago

"Demand Not Justified, Such Politics Shouldn't Be Allowed In Any Bar Association": BCI On P&H HCBA Resolution Against CJ Ravi Shanker Jha

Live Law  

Dealing with a matter in connection with the Punjab and Haryana High Court Bar Association's resolution seeking transfer of Chief Justice Ravi Shanker Jha, the Bar Council Of India has observed that,"Neither the Bar Council of India nor the State Bar Council can support any resolution of any Bar Association giving call for the boycott of the Court of Chief …

Controversy Around UP Education Service Tribunal Bifurcation: Allahabad High Court And District Bar Associations To Abstain From Work Today
3 years, 10 months ago

Controversy Around UP Education Service Tribunal Bifurcation: Allahabad High Court And District Bar Associations To Abstain From Work Today

Live Law  

The High Court Bar Association, Allahabad & Awadh Bar Association have resolved to abstain from Judicial Work today i.e., on 24th February 2021 to express their displeasure over the passing of Uttar Pradesh Educational Services Tribunal Bill, 2021 which proposes to constitute two benches of the Tribunal in Lucknow and Allahabad. While HCBA, Allahabad is opposing the Bill as the …

Elected Bar Association Office Bearers Cannot Contest Consecutively : Madras High Court Issues Directions To End Monopoly In Bar Elections
3 years, 10 months ago

Elected Bar Association Office Bearers Cannot Contest Consecutively : Madras High Court Issues Directions To End Monopoly In Bar Elections

Live Law  

With the aim of ending monopoly in Bar Association elections, the Madras High Court has ruled that elected office bearers should not be allowed to contest for the second time consecutively.The Court however permitted such elected members to contest alternatively. With the aim of ending monopoly in Bar Association elections, the Madras High Court has ruled that elected office bearers …

Unfortunate That Clients Suffer When Bar Members Abstain From Judicial Work Creating Backlog Of Cases: Allahabad High Court
4 years, 1 month ago

Unfortunate That Clients Suffer When Bar Members Abstain From Judicial Work Creating Backlog Of Cases: Allahabad High Court

Live Law  

"It is unfortunate that clients are suffering for cases which can easily be disposed of but for the reasons that the Members of Bar have been abstaining from judicial work creating a backlog of cases", the Allahabad High Court observed on Monday. Perusing the same, the Court said, "From the perusal of the same, it indicates that for various reasons, …

Bar Council Has No Power To Constitute Elders Committee For Bar Associations: Allahabad HC [Read Order]
4 years, 2 months ago

Bar Council Has No Power To Constitute Elders Committee For Bar Associations: Allahabad HC [Read Order]

Live Law  

The Allahabad High Court has clarified that the Bar Council does not have the jurisdiction to "usurp" the power for constitution of an Elders Committee under the Bye-laws of a Bar Association. The order has come in a writ petition filed by the Meerut Bar Association against re-constitution of its Elders Committee by the Bar Council of UP. Setting aside …

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