Advocates Should Try To Resolve Matrimonial Disputes 'Without Adding Fuel To Fire': Madras High Court Suggests BCI To Form Guidelines
4 months, 1 week ago

Advocates Should Try To Resolve Matrimonial Disputes 'Without Adding Fuel To Fire': Madras High Court Suggests BCI To Form Guidelines

Live Law  

The Madras High Court recently suggested the Bar Council of India to formulate guidelines ensuring that Advocates resolve matrimonial disputes amicably without adding fuel to the fire. The court was hearing civil miscellaneous appeals filed by a wife against the order of the Madurai Family Court allowing the husband's petition for divorce and rejecting the wife's petition for restitution of conjugal rights. The court noted that after filing of the divorce petition, the wife had also filed a police complaint, making allegations against the husband and his family. Meanwhile, while the divorce petitions were pending before the Family Court, the wife's relatives had attacked the husband's family leading to his father's death and injuries on himself and his mother.

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History of this topic

Advocates Act | BCI Cannot Entertain Appeal Against Order Of State Bar Council's Disciplinary Committee When Probe Is Pending: Punjab & Haryana HC
2 weeks, 1 day ago

Advocates Act | BCI Cannot Entertain Appeal Against Order Of State Bar Council's Disciplinary Committee When Probe Is Pending: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has made it clear that Bar Council Of India cannot entertain appeal from interim order of the State Bar Council's disciplinary committee when the probe is pending and no punishment is imposed. Perusing Section 37 of the Advocate's Act, the Court noted that any person aggrieved by an order of the Disciplinary Committee of …

Family courts must become litigant-friendly, not adopt rigid practices: Madras High Court
1 month, 2 weeks ago

Family courts must become litigant-friendly, not adopt rigid practices: Madras High Court

The Hindu  

Family courts must remember that “the courts are for litigants and litigants are not for the courts,” the Madras High Court has said. “Even the most educated and privileged litigants may not necessarily be adept with the legal procedure and formalities,” the judge said and clarified that litigants could engage lawyers to draft the petitions and also to represent them …

Advocates Act | State Bar Council Must Have 'Reason To Believe' Before Issuing Notice To Lawyer On Complaint Of Misconduct: Punjab & Haryana HC
Trending News
1 month, 3 weeks ago

Advocates Act | State Bar Council Must Have 'Reason To Believe' Before Issuing Notice To Lawyer On Complaint Of Misconduct: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has made it clear that under the Advocates Act, the State Bar Council must have “reason to believe” that an advocate against whom a complaint is made is guilty of professional or other misconduct before issuing notice to him.According to Section 35 of the Advocates Act, where on receipt of a complaint or otherwise. …

Bombay HC rules wife filing false cases entitles husband for a divorce on grounds of ‘cruelty’
2 months, 1 week ago

Bombay HC rules wife filing false cases entitles husband for a divorce on grounds of ‘cruelty’

Live Mint  

The Bombay High Court has recently ruled that a wife filing false complaints against her husband and in-laws in an attempt to correct his behaviour constitutes cruelty within marital relations. The ruling comes as Bombay High Court's division bench of Justices Girish Kulkarni and Advait Sethna refused to interfere with the decision of a Family Court, which while granting divorce …

Madras HC suggests BCI to frame guidelines for advocates in matrimonial cases
4 months, 1 week ago

Madras HC suggests BCI to frame guidelines for advocates in matrimonial cases

New Indian Express  

MADURAI: The Madurai Bench of the Madras High Court recently suggested the Bar Council of India to frame guidelines for advocates to follow while resolving matrimonial disputes. A bench comprising Justices V Bhavani Subbaroyan and KK Ramakrishnan made the suggestion while dismissing an appeal filed by a woman to set aside an order passed by the Family Court in Madurai …

Matrimonial disputes: Madras HC frames guidelines on appearance of parties
4 months, 3 weeks ago

Matrimonial disputes: Madras HC frames guidelines on appearance of parties

New Indian Express  

CHENNAI: Taking into account the difficulties faced by parties in matrimonial disputes in getting orders on divorce due to their inability to personally appear before the courts, the Madras High Court has framed guidelines which saves the parties from physical presence in the courts. He directed the family courts not to insist on physical presence of the parties at the …

Supreme Court Dismisses Advocate's Appeal Against Bar Council Rejecting Complaint Against Local Bar Association Members
1 year, 1 month ago

Supreme Court Dismisses Advocate's Appeal Against Bar Council Rejecting Complaint Against Local Bar Association Members

Live Law  

The Supreme Court on Monday declined to interfere in the civil appeal preferred by an advocate who has registered a complaint against the local bar association member for allegedly beating and assaulting him and restraining him to practice at the local court. The alleged incident of violence took place between the appellant-advocate and the respondents-members of the local Bar Association, …

From Instructing (An Advocate) To Return All The Briefs To Conflict Of Interest: Where Are We Headed?
1 year, 6 months ago

From Instructing (An Advocate) To Return All The Briefs To Conflict Of Interest: Where Are We Headed?

Live Law  

Legal profession is largely considered to be one of the oldest professions in the world. In Public Prosecutor, Andhra Pradesh v. Kothakapu Etreddy Venkata Reddi and Ors., the Hon’ble High Court of Andhra Pradesh held that in order “ to maintain the highest traditions of the Bar and the profession, preclude advocates from appearing for the opposite party if that …

Supreme Court Censures Bar Association For Passing Resolution Against Legal Aid Defence Counsel System; Summons Office Bearers
1 year, 10 months ago

Supreme Court Censures Bar Association For Passing Resolution Against Legal Aid Defence Counsel System; Summons Office Bearers

Live Law  

The Supreme Court on Monday expressed its strong displeasure at a Bar Association for passing resolutions to obstruct the work of lawyers appointed as volunteers under the Legal Aid Defence System of the National Legal Services Authority. The bench, also comprising Justices PS Narsimha and JB Pardiwala, was hearing a petition seeking contempt action against Bar Association of Bharatpur for …

Murder Of Lawyer: Rajasthan HC To Consider Issuance Of Guidelines For Protection Of Lawyers, Asks Bar Council Of India To Submit Suggestions
2 years ago

Murder Of Lawyer: Rajasthan HC To Consider Issuance Of Guidelines For Protection Of Lawyers, Asks Bar Council Of India To Submit Suggestions

Live Law  

The Rajasthan High Court on Thursday sought response from Union of India, Rajasthan government, Bar Council of India and Bar Council Of Rajasthan on issuance of guidelines by the court for protection of advocates till appropriate legislation is framed in this regard. The court observed that the Bar Council of India has also submitted a draft bill- “Advocates Bill, 2021” …

"Ingenuity Of Lawyers" : Supreme Court On 60 Cases Between Husband & Wife In Matrimonial Dispute
2 years, 11 months ago

"Ingenuity Of Lawyers" : Supreme Court On 60 Cases Between Husband & Wife In Matrimonial Dispute

Live Law  

"The ingenuity of the lawyers has to be marked, 60 cases between a husband and a wife!" the Supreme Court of India remarked on Wednesday while hearing a case of matrimonial discord.The remark came from Justice Hima Kohli, after the counsel appearing for petitioner informed a Bench headed by the Chief Justice of India NV Ramana that 60 cases have …

Delhi High Court Seeks Response Of Centre, BCI On Plea Challenging Bar Associations Conduct Of Election Rules As Null & Void
3 years, 6 months ago

Delhi High Court Seeks Response Of Centre, BCI On Plea Challenging Bar Associations Conduct Of Election Rules As Null & Void

Live Law  

The Delhi High Court has issued notice on a petition challenging Bar Associations Rules, 2019 framed by the Delhi Bar Council and approved by the Bar Council of India as null and void being ultra vires the Constitution of India, Advocates Act and Advocates Welfare Funds Act.Justice Rekha Palli sought response of the Union of India, Bar. The Delhi High …

Proposing To Frame Rules To Curtail Lawyers' Strikes & Court Boycotts, BCI Tells SC
3 years, 6 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 …

'Bar Council Of India's Notification Prohibiting Its Criticism Akin To UAPA' : Plea In Bombay High Court
3 years, 7 months ago

'Bar Council Of India's Notification Prohibiting Its Criticism Akin To UAPA' : Plea In Bombay High Court

Live Law  

A Mumbai based lawyer has approached the Bombay High Court comparing the Bar Council of India's amended rules prohibiting BCI or a judge's public criticism to "suppressing dissent" under the Unlawful Activities Act. BCI's rules make criticising via print, social or electronic media'a misconduct' andground for disqualification, suspension or removal of membership from the Bar Council under section 35 of …

Madras HC issues notices to Centre, Bar Council on constitution of disciplinary committee
3 years, 8 months ago

Madras HC issues notices to Centre, Bar Council on constitution of disciplinary committee

Hindustan Times  

Chennai: The Madras high court on Monday issued notices to the union government, the Bar Council of India and the Bar Council of Tamil Nadu and Puducherry on a petition challenging the validity of section 9 of The Advocates Act, 1961. Section 9 of the Act pertains to a Bar Council to constitute one or more disciplinary committees. The petition …

Jurisdiction Of Bar Council Of India Over SCBA?
4 years, 10 months ago

Jurisdiction Of Bar Council Of India Over SCBA?

Live Law  

The recent action by the Bar Council of India to intervene and stay a resolution passed by the Supreme Court Bar Association has added a new twist to this tale of ongoing differences and issues plaguing the SCBA. While this provision permits the BCI " to exercise general supervision and control over State Bar Councils;", and it has the power …

Bar Council of India backs Justice Arun Mishra on 'contempt threat', slams SC advocates for not seeking decent ways to resolve issue
5 years, 3 months ago

Bar Council of India backs Justice Arun Mishra on 'contempt threat', slams SC advocates for not seeking decent ways to resolve issue

Firstpost  

The Bar Council of India has come out in support of Justice Arun Mishra, who apologised on Thursday for his alleged ‘contempt threat’ to a senior advocate during a recent hearing, and said that instead of making it an issue in public, the Supreme Court Bar Association could have met the judge in his chamber and expressed it views New …

Sexual Harassment At Bar: NGO Moves HC Saying BCI, BCD, Other Bar Assns Fail To Make Women Lawyers Feel Safe At Work
6 years, 2 months ago

Sexual Harassment At Bar: NGO Moves HC Saying BCI, BCD, Other Bar Assns Fail To Make Women Lawyers Feel Safe At Work

Live Law  

As incidents of sexual misconduct with women lawyers in courts and chamber blocks continue to make news, which includes a lawyer being raped by her senior in Saket court chamber block last year, NGO 'Art of Learning' has moved the Delhi High Court against the failure of the Bar Council of India, the Bar Council of Delhi and the Bar …

Parents Should Consciously Refrain From Influencing The Matrimonial Life Of Their Children, Says Madras HC [Read Order]
6 years, 8 months ago

Parents Should Consciously Refrain From Influencing The Matrimonial Life Of Their Children, Says Madras HC [Read Order]

Live Law  

The Madras High Court has observed that parents should consciously refrain from influencing the matrimonial life of their children.In this case, a mother had filed complaints against her daughter’s husband and in-laws alleging that they treated her with cruelty and caused life threats to her. The Madras High Court has observed that parents should consciously refrain from influencing the matrimonial …

Parents Should Consciously Refrain From Influencing The Matrimonial Life Of Their Children, Says Madras HC [Read Order]
6 years, 8 months ago

Parents Should Consciously Refrain From Influencing The Matrimonial Life Of Their Children, Says Madras HC [Read Order]

Live Law  

The Madras High Court has observed that parents should consciously refrain from influencing the matrimonial life of their children.In this case, a mother had filed complaints against her daughter’s husband and in-laws alleging that they treated her with cruelty and caused life threats to her. The Madras High Court has observed that parents should consciously refrain from influencing the matrimonial …

Bar Associations Can’t Deny Advocates The Right To Legally Represent Any Individual: SC
6 years, 9 months ago

Bar Associations Can’t Deny Advocates The Right To Legally Represent Any Individual: SC

Live Law  

The Supreme Court on Friday orally observed that a bar association can not restrain advocates from appearing on behalf of and defending any individual.The vacation bench of Justices Abdul Nazeer and Indu Malhotra was hearing a writ petition filed by one Deepak Kalra, who is contesting several matters against his estranged wife, and is aggrieved of the Jabalpur District Bar …

Jammur Bar Association meets Bar Council of India team, refutes allegations of threatening Kathua rape victim's lawyer
6 years, 11 months ago

Jammur Bar Association meets Bar Council of India team, refutes allegations of threatening Kathua rape victim's lawyer

Firstpost  

Jammu: A Bar Council of India team today met the representatives of the Bar Association of Jammu who refuted allegations that the lawyer of the Kathua rape and murder victim was prevented from appearing in court by fellow advocates. “As far as the allegations of victims’ lawyer Deepika Rajawat are concerned, we have shown them the certified copies of the …

Breaking: Amid Protests, BCI Withdraws Recommendations On Disciplinary Proceedings To Law Commission
7 years, 11 months ago

Breaking: Amid Protests, BCI Withdraws Recommendations On Disciplinary Proceedings To Law Commission

Live Law  

The Bar Council of India has withdrawn some of its proposed amendments to the Bar Council of India Rules given to Law Commission of India after huge protest from lawyers.In a letter to Law Commission Chairman Justice BS Chouhan, Bar Council chairman Manan Kumar Mishra said: “On the issue of the matters relating to the DC Proceedings ban on strikes …

Breaking: Amid Protests, BCI Withdraws Recommendations On Disciplinary Proceedings To Law Commission
7 years, 11 months ago

Breaking: Amid Protests, BCI Withdraws Recommendations On Disciplinary Proceedings To Law Commission

Live Law  

The Bar Council of India has withdrawn some of its proposed amendments to the Bar Council of India Rules given to Law Commission of India after huge protest from lawyers.In a letter to Law Commission Chairman Justice BS Chouhan, Bar Council chairman Manan Kumar Mishra said: “On the issue of the matters relating to the DC Proceedings ban on strikes …

SCBA Condemns BCI For ‘Proposal’ On Lawyers’ Strike
7 years, 11 months ago

SCBA Condemns BCI For ‘Proposal’ On Lawyers’ Strike

Live Law  

The Supreme Court Bar Association on Thursday passed a resolution condemning the Bar Council of India for its recommendations / amendments to the Bar Council of India Rules against lawyers’ interest.An emergent meeting of the executive committee discussed the issue regarding widely-circulated media reports that mention that the BCI has proposed certain recommendations /. The Supreme Court Bar Association on …

Can BCI’s Disciplinary Panel Members Analyse Documents In An Unfamiliar Language, Asks SC [Read Judgment]
8 years ago

Can BCI’s Disciplinary Panel Members Analyse Documents In An Unfamiliar Language, Asks SC [Read Judgment]

Live Law  

How the Disciplinary Committee consisting of members, who were not familiar with the vernacular script, could analyse and appreciate the documentary evidence which is in a language not known to them, the Supreme Court has asked while setting aside a disciplinary proceedings against a lawyer.On a complaint by the brother of a lawyer in 1997, the Bar Council of India …

Adjudication in Marital disputes is riddled with complications: Delhi HC [Read Judgment]
8 years, 6 months ago

Adjudication in Marital disputes is riddled with complications: Delhi HC [Read Judgment]

Live Law  

Cautioning against the overwhelming nature of evidentiary material in such pleadings, the court stated that factors of each case must be considered, and accusations and allegations must be viewed in the context in which they were made. Pointing out that divorce petitions are mostly rigged with exaggerated allegations against the spouse, the Delhi High Court on Friday held that ‘the. …

Madras HC lawyers stage protest, burn copies of amended Rules
8 years, 8 months ago

Madras HC lawyers stage protest, burn copies of amended Rules

Live Law  

A group of around 35 lawyers of Madurai Bench High Court Advocates Association and Madurai Bar Association on Friday burnt copies of the amended rules at the Integrated Court Complex.The new sets of disciplinary rules for the Advocates enable the Court to debar lawyers who indulge in objectionable behavior. A group of around 35 lawyers of Madurai Bench High Court …

Madras HC lawyers stage protest, burn copies of amended Rules
8 years, 8 months ago

Madras HC lawyers stage protest, burn copies of amended Rules

Live Law  

A group of around 35 lawyers of Madurai Bench High Court Advocates Association and Madurai Bar Association on Friday burnt copies of the amended rules at the Integrated Court Complex.The new sets of disciplinary rules for the Advocates enable the Court to debar lawyers who indulge in objectionable behavior. A group of around 35 lawyers of Madurai Bench High Court …

Madras HC Chief Justice agrees to restructure disciplinary rules on BCI’s request
8 years, 9 months ago

Madras HC Chief Justice agrees to restructure disciplinary rules on BCI’s request

Live Law  

In a letter addressed to the Bar Council of Tamil Nadu and Puducherry, the Bar Council of India has noted that the Chief Justice of Madras High Court has agreed to restructure the disciplinary rules, on request of the BCI’s Chairman. Madras High Court had recently introduced new sets of disciplinary rules for the Advocates through an amendment, enabling it …

Madras HC Chief Justice agrees to restructure disciplinary rules on BCI’s request
8 years, 9 months ago

Madras HC Chief Justice agrees to restructure disciplinary rules on BCI’s request

Live Law  

In a letter addressed to the Bar Council of Tamil Nadu and Puducherry, the Bar Council of India has noted that the Chief Justice of Madras High Court has agreed to restructure the disciplinary rules, on request of the BCI’s Chairman. Madras High Court had recently introduced new sets of disciplinary rules for the Advocates through an amendment, enabling it …

While Madras HC Chief Justice assures no action against advocates, BCI directs action against those responsible for rallies
8 years, 9 months ago

While Madras HC Chief Justice assures no action against advocates, BCI directs action against those responsible for rallies

Live Law  

The Chief Justice of Madras High Court has reportedly assured the Bar Council of Tamil Nadu and Puducherry that no action would be taken against advocates in furtherance of the Advocates Act, till a decision is taken on the recommendations put forth by the Bar Associations.As per a BCTP release, the High Court has invited suggestions from all Bar Associations, …

While Madras HC Chief Justice assures no action against advocates, BCI directs action against those responsible for rallies
8 years, 9 months ago

While Madras HC Chief Justice assures no action against advocates, BCI directs action against those responsible for rallies

Live Law  

The Chief Justice of Madras High Court has reportedly assured the Bar Council of Tamil Nadu and Puducherry that no action would be taken against advocates in furtherance of the Advocates Act, till a decision is taken on the recommendations put forth by the Bar Associations.As per a BCTP release, the High Court has invited suggestions from all Bar Associations, …

BCI says will not tolerate misconduct by lawyers; forms panel to probe Patiala House violence [Read Affidavit]
9 years, 1 month ago

BCI says will not tolerate misconduct by lawyers; forms panel to probe Patiala House violence [Read Affidavit]

Live Law  

“The unlawful assembly of the people from Jawaharlal Nehru University also included few lawyers in their court dresses, not only they are seen shouting slogans in the court premises, but they are also indulging in manhandling journalists. The Bar Council of India today informed the Supreme Court that it has constituted a high-level committee to enquire into two days of …

BCI says will not tolerate misconduct by lawyers; forms panel to probe Patiala House violence [Read Affidavit]
9 years, 1 month ago

BCI says will not tolerate misconduct by lawyers; forms panel to probe Patiala House violence [Read Affidavit]

Live Law  

“The unlawful assembly of the people from Jawaharlal Nehru University also included few lawyers in their court dresses, not only they are seen shouting slogans in the court premises, but they are also indulging in manhandling journalists. The Bar Council of India today informed the Supreme Court that it has constituted a high-level committee to enquire into two days of …

Patiala court clash: BCI to take action against guilty lawyers
9 years, 1 month ago

Patiala court clash: BCI to take action against guilty lawyers

The Hindu  

The Bar Council of India on Thursday told the Supreme Court that “serious action” would be taken against the errant lawyers who brazenly defied the court’s order for calm and indulged in violence in the Patiala House courts complex on February 15 and 17. “We have taken this very seriously,” BCI chairperson and senior advocate Manan Kumar Mishra submitted before …

BCI suspends 15 lawyers for “gross professional misconduct” for violence within Madras High Court premises
9 years, 5 months ago

BCI suspends 15 lawyers for “gross professional misconduct” for violence within Madras High Court premises

Live Law  

The Bar Council of India has reportedly suspended 15 advocates, including Secretary of Madurai Bar Association A.K. BCI has directed the Tamil Nadu State Bar Council to conclude the disciplinary proceedings initiated against them for “gross professional misconduct”, within a month and. BCI has directed the Tamil Nadu State Bar Council to conclude the disciplinary proceedings initiated against them for …

HC asks bar associations to give suggestions for safety of NE people | IndiaTV News
10 years ago

HC asks bar associations to give suggestions for safety of NE people | IndiaTV News

India TV News  

New Delhi: The Delhi High Court today asked bar associations here to mull over its suggestion to make lawyers from the northeast special invitees in their meetings as well as give any other recommendation to provide advocates from that region more visibility and people greater safety. A bench of justices G S Sistani and Sangita Dhingra Sehgal also said each …

Bar Council of Kerala to restrain lawyers from providing case details to media
10 years, 5 months ago

Bar Council of Kerala to restrain lawyers from providing case details to media

Live Law  

Bar Council of Kerala has asked lawyers to confine their views only as legal experts, regarding details of ongoing cases. It is considering plans to restrain lawyers from discussing case details with the media, relying on Section 36 of the Bar Council of India Rules.According to Rule 36, “An advocate shall not solicit work or advertise in any manner. It …

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