Madras HC Rejects Plea Challenging Constitutional Validity Of S.13 Family Courts Act Which Restricts Representation Of Party By Lawyer
3 days, 13 hours ago

Madras HC Rejects Plea Challenging Constitutional Validity Of S.13 Family Courts Act Which Restricts Representation Of Party By Lawyer

Live Law  

The Madras High Court recently dismissed a petition challenging the constitutional validity of Section 13 of the Family Courts Act. It was submitted that Section 13 read with the Family Courts Rules 1996 notified by the Madras High Court provided permission for representation by a lawyer. The court, however, rejected this argument and noted that the said ground of discrimination was already considered by the Bombay High Court in Lata d/o Baburao Pimple v. Union of India and others. The court reiterated the Bombay High Court's observation and held observed that once the classification under Section 13 of the Act was held to be reasonable, it would hold good as regards Section 13 also.

India Family Courts Constitution Court High Act Section 13  representation  plea  submitted  13  act  courts  validity  high  lawyer  advocates  restricts  argued  v  court  party  s13  rejects  india  hc  madras

History of this topic

'Abuse Of Process' : Supreme Court Quashes 'Cheating' Case Filed Against Parents Of Man For Breaking Marriage Promise
1 month, 1 week ago

'Abuse Of Process' : Supreme Court Quashes 'Cheating' Case Filed Against Parents Of Man For Breaking Marriage Promise

Live Law  

The Supreme Court recently dismissed a cheating case against the parents for facilitating the marriage of their son to another woman instead of the complainant. The Court also disapproved of the High Court's observation against the appellants' son, which suggested that quashing the case against his parents would enable him to exploit women of marriageable age in a similar manner. …

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 …

Madras High Court Dismisses Plea By Flipkart Owners Sachin And Binny Bansal Challenging ED's Show Cause Notice For Alleged FEMA Violation
1 month, 2 weeks ago

Madras High Court Dismisses Plea By Flipkart Owners Sachin And Binny Bansal Challenging ED's Show Cause Notice For Alleged FEMA Violation

Live Law  

The Madras High Court has dismissed the writ petitions filed by Flipkart owners Sachin and Binny Bansal challenging the complaint made by the Deputy Director, ED, and the subsequent show cause notice issued by the Adjudicating Authority for violating provisions of the Foreign Exchange Management Act and the Transfer or Issue of Security by a Person Resident Outside India, Regulations …

Visitation Rights Of Parent Cannot Be At Cost Of Child's Health & Well-Being : Supreme Court
2 months, 2 weeks ago

Visitation Rights Of Parent Cannot Be At Cost Of Child's Health & Well-Being : Supreme Court

Live Law  

Observing that the health of a child cannot be compromised while deciding the disputes between the parents, the Supreme Court recently modified the directions allowing interim visitation rights to a father.A bench of Justices Vikram Nath and PB Varale allowed an appeal against the order of the Madras High Court to a limited extent of modifying the place of visitation …

Visitation Rights Of Parent Cannot Be At Cost Of Child's Health & Well-Being : Supreme Court
2 months, 2 weeks ago

Visitation Rights Of Parent Cannot Be At Cost Of Child's Health & Well-Being : Supreme Court

Live Law  

Observing that the health of a child cannot be compromised while deciding the disputes between the parents, the Supreme Court recently modified the directions allowing interim visitation rights to a father. By the said order, the High Court dismissed the Appellant-mother's Miscellaneous Appeal and upheld the interim visitation rights granted to the Respondent-father. Keeping in mind the best interest of …

Be Sensitive, Avoid Lengthy Civil Procedure: Gujarat High Court Asks Family Courts To Proceed More Like Conciliators, Sets Out Principles
3 months, 2 weeks ago

Be Sensitive, Avoid Lengthy Civil Procedure: Gujarat High Court Asks Family Courts To Proceed More Like Conciliators, Sets Out Principles

Live Law  

While considering a wife's plea against a family court's verdict which refused to grant her divorce, the Gujarat High Court underscored that in adjudicating family dispute cases including Child Custody and Maintenance, family courts must deal with them with sensitivity with the welfare of those affected being the focus. The high court was considering the wife's appeal against the decision …

Provisions Of CPC Applicable In Proceedings Before Family Court: Allahabad High Court Reiterates
3 months, 3 weeks ago

Provisions Of CPC Applicable In Proceedings Before Family Court: Allahabad High Court Reiterates

Live Law  

While examining a divorce case, the Allahabad High Court has held that in light of Section 10 of the Family Courts Act, provisions of the Civil Procedure Code are applicable before the Family Court and therefore, a writ petition seeking Writ of Prohibition could not be entertained by the High Court in presence of remedy of appeal. “It would be …

Family Courts Can Opt for Virtual Hearings, No Physical Presence Required
4 months, 3 weeks ago

Family Courts Can Opt for Virtual Hearings, No Physical Presence Required

Live Law  

The Madras High Court has ruled that family courts should not insist on the physical presence of parties/spouses while presenting the petition and for future hearings. The court observed that virtual proceedings provide an opportunity to modernize the system and make it more affordable and citizen-friendly. The court noted that Section 530 of the BNSS emphasized holding even criminal trials …

'Can't Have Another Trial Before The Registry': Madras HC Directs Family Court To Number Wife's Plea Without Asking For Evidence That Couple Are Hindus
5 months, 3 weeks ago

'Can't Have Another Trial Before The Registry': Madras HC Directs Family Court To Number Wife's Plea Without Asking For Evidence That Couple Are Hindus

Live Law  

The Madras High Court has directed the Family Court in Chennai to number a petition filed by a wife for restitution of conjugal rights without insisting on evidence that she and her husband are Hindus. Justice V Lakshminarayanan noted that though the husband had filed a divorce petition claiming that the couples were Christians while the wife had filed the …

Madras High Court Junks Plea Seeking Special Benches For Hearing Cases Against Public Spirited Persons, Journalists & Youtubers
5 months, 3 weeks ago

Madras High Court Junks Plea Seeking Special Benches For Hearing Cases Against Public Spirited Persons, Journalists & Youtubers

Live Law  

The Madras High Court has dismissed a public interest litigation seeking the constitution of special benches for hearing cases related to public-spirited persons, journalists, and YouTubers. The bench of Acting Chief Justice D Krishnakumar and Justice PB Balaji said that no person had a right to invoke the court's jurisdiction under Article 226 of the Constitution seeking a direction to …

Why did the Supreme Court stay a High Court verdict declaring U.P. madarsa law ‘unconstitutional’? | Explained
11 months, 1 week ago

Why did the Supreme Court stay a High Court verdict declaring U.P. madarsa law ‘unconstitutional’? | Explained

The Hindu  

The story so far: The Supreme Court on April 5 stayed the operation of the Allahabad High Court’s decision declaring the Uttar Pradesh Board of Madarsa Education Act, 2004 unconstitutional. Iftikhar Ahmed Javed, chairman of the Uttar Pradesh Board of Madarsa Education, told Reuters earlier that the High Court’s ruling had the potential to impact 2.7 million students and 10,000 …

50 Important Judgments Of Madras High Court In 2023
1 year, 2 months ago

50 Important Judgments Of Madras High Court In 2023

Live Law  

LiveLaw reported 413 judgments from the Madras High Court in 2023. Intimation Of Arrest Through SMS Hampers Constitutional Safeguard Of Effective Representation: Madras High Court Quashes Detention Order Case Title: Harini v. The State of Tamil Nadu and others Citation: 2023 LiveLaw 145 The Madras High Court recently set aside a detention order passed by the Commissioner of Police, Avadi …

Madras High Court Makes E-Filing Mandatory For District Courts Dealing With Cheque Bounce Cases
1 year, 8 months ago

Madras High Court Makes E-Filing Mandatory For District Courts Dealing With Cheque Bounce Cases

Live Law  

The Madras High Court has made e-filing mandatory in District Courts dealing with cases arising under S.138 of the Negotiable Instruments Act. "The High Court, Madras, upon approval of the Hon’ble The Chief Justice hereby notifies that the facility of e-filing of cases is made mandatory initially to the Courts dealing with cases arising under S.138 of Negotiable Instruments Act …

Madras High Court stays order passed by single judge asking Madras Bar Association to admit members without discrimination
1 year, 8 months ago

Madras High Court stays order passed by single judge asking Madras Bar Association to admit members without discrimination

The Hindu  

A Division Bench of the Madras High Court on Monday stayed the operation of a single judge’s June 22 order directing the Madras Bar Association to distribute applications for membership to all interested practising lawyers in the High Court, and admit them as members without discriminating on the basis of caste, gender, religion, economic status and personal as well as …

Madras High Court Weekly Round-Up: June 19 to June 25
1 year, 8 months ago

Madras High Court Weekly Round-Up: June 19 to June 25

Live Law  

A weekly round-up of important cases from the Madras High Court Citations: 2023 LiveLaw 169 To 2023 LiveLaw 173 NOMINAL INDEX Aarur Tamilnadam v S Sankar and others, 2023 Livelaw 169 Sudha Sarveshkumar v Chief Secretary and others, 2023 LiveLaw 170 Elephant G Rajendran v The Registrar General and others, 2023 Livelaw 171 Kannaian Naidu and others v Kamsala Ammal …

Supreme Court Has Power To Prescribe Who Can Plead Before It : Plea Challenging Advocates-on-Record System Dismissed
2 years, 4 months ago

Supreme Court Has Power To Prescribe Who Can Plead Before It : Plea Challenging Advocates-on-Record System Dismissed

Live Law  

The Supreme Court on Wednesday dismissed a petition challenging, inter alia, the practice of designating Advocates-on-Records under Order IV of the Supreme Court Rules, 2013 read with Article 145 of the Constitution. The High Court Bench had held, "The High Court does have the power to frame Rules under Section 34 of the Act, but in such a manner that …

Supreme Court Admits Plea Against Abolition Of State-Funded Madrassas In Assam
2 years, 4 months ago

Supreme Court Admits Plea Against Abolition Of State-Funded Madrassas In Assam

Live Law  

The Supreme Court of India on Tuesday admitted a special leave petition against a Gauhati High Court decision upholding a 2020 Assam Assembly law, according to which all state-run madrassas were to be converted into general educational institutions. Repelling the contentions of the petitioners, a Division Bench of the High Court led by Chief Justice Sudhanshu Dhulia had upheld the …

Madras High Court Full Bench Rules In Favour Of Original Jurisdiction Of High Court For Hearing Child Custody Cases
2 years, 6 months ago

Madras High Court Full Bench Rules In Favour Of Original Jurisdiction Of High Court For Hearing Child Custody Cases

Live Law  

The Madras High Court on Friday ruled in favour of original jurisdiction of High Court for hearing child custody and guardianship cases in a 3:2 majority decision The five judge bench comprising of Justice PN Prakash, Justice R Mahadevan, Justice M Sunder, Justice Anand Venkatesh and Justice AA Nakkiran was constituted following reference by a three judge bench to answer …

Order 7 Rule 11 CPC | Power Of Rejection Of Plaint Mandatory, Can Be Exercised At Any Stage Before Conclusion Of Trial: Punjab & Haryana High Court
2 years, 10 months ago

Order 7 Rule 11 CPC | Power Of Rejection Of Plaint Mandatory, Can Be Exercised At Any Stage Before Conclusion Of Trial: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has held that powers of the Court conferred under Order 7 Rule 11 of CPC are mandatory in nature and can be exercised at any stage of the suit, but before the conclusion of the trial.The observation was made while dealing with two revision petitions filed under Article 227 of the Constitution, challenging an …

'Courts Exist For Convenience Of Litigants, Not Advocates': Bombay HC Rejects Bar Association's Plea Against Establishment Of Court At Wai
2 years, 11 months ago

'Courts Exist For Convenience Of Litigants, Not Advocates': Bombay HC Rejects Bar Association's Plea Against Establishment Of Court At Wai

Live Law  

The Bombay High Court has rejected the writ petition filed by Satara District Bar Association, opposing its decision to establish the Court of an Additional District Judge and the Court of a Civil Judge in Maharashtra's Wai town. In this regard, the Court took note of the Bombay High Court's judgment in Ahmad M Abdi v State of Maharashtra and …

Madras High Court Weekly Round-Up: March 14 To March 20, 2022
3 years ago

Madras High Court Weekly Round-Up: March 14 To March 20, 2022

Live Law  

Wakf Board Meddling In Administration Of Nagore Dargah': Ad Hoc Board Of Administrators Files Affidavit Before Madras HC Case Title: The Adhoc Board of Administrators, Nagore Dargah Interim Adhoc Administrators v. Muhalli Muthavalli & Anr. : Madras HC 3-Judge Bench Refers To Larger Bench Case Title: Minor & Anr v. K Vijay A 3-Judge Bench of the Madras High Court …

Whether Provisions Of 'Family Courts Act' Have Been Made Applicable In Himachal Pradesh?: High Court Asks Centre
3 years, 3 months ago

Whether Provisions Of 'Family Courts Act' Have Been Made Applicable In Himachal Pradesh?: High Court Asks Centre

Live Law  

The Himachal Pradesh High Court this week asked the Central Government as to whether the provisions of Family Courts Act 1984 have been made applicable by way of issuance of a statutory notification vis-à-vis the State of Himachal Pradesh or not.Essentially, the Bench of Justice Ajay Mohan Goel was hearing a criminal revision plea when the counsel for the petitioner …

'Hatched A Devious Plot': Madras High Court Holds Two Lawyers Guilty Of Contempt Of Court For Filing False Case Against Registrar
3 years, 6 months ago

'Hatched A Devious Plot': Madras High Court Holds Two Lawyers Guilty Of Contempt Of Court For Filing False Case Against Registrar

Live Law  

Two lawyers were found guilty of contempt of court by the Madras High Court on Friday for having pursued 'vexatious litigation' to remove a Registrar by filing a false affidavit accusing her of holding the post in the absence of the required qualifications. A Bench comprising Justices PN Prakash and RN Manjula observed, "On a careful examination of the materials …

'Hatched A Devious Plot': Madras High Court Holds Two Lawyers Guilty Of Contempt Of Court For Filing False Case Against Registrar
3 years, 6 months ago

'Hatched A Devious Plot': Madras High Court Holds Two Lawyers Guilty Of Contempt Of Court For Filing False Case Against Registrar

Live Law  

Two lawyers were found guilty of contempt of court by the Madras High Court on Friday for having pursued 'vexatious litigation' to remove a Registrar by filing a false affidavit accusing her of holding the post in the absence of the required qualifications. A Bench comprising Justices PN Prakash and RN Manjula observed, "On a careful examination of the materials …

Decide Petition Challenging Validity Of 100% Reservation In 600 PG Medical Seats On August 25: Supreme Court To MP High Court
3 years, 7 months ago

Decide Petition Challenging Validity Of 100% Reservation In 600 PG Medical Seats On August 25: Supreme Court To MP High Court

Live Law  

The Supreme Court on Monday requested the Madhya Pradesh High Court to hear and finally dispose of the plea, on August 25, affecting the fate of more than 600 PG Medical Courses in the State of Madhya Pradesh. The SLP had been preferred against the adjournment order passed by the High Court, through which the High Court had deferred the …

Madras High Court dismisses BJP leader’s case against Tamil Nadu NEET panel
3 years, 8 months ago

Madras High Court dismisses BJP leader’s case against Tamil Nadu NEET panel

The Hindu  

The Madras High Court on Tuesday dismissed a public interest litigation petition filed by BJP State secretary K. Nagarajan, which sought to quash an order issued by the Tamil Nadu government to constitute a high-level committee headed by Justice A.K. Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy held that the constitution of the committee “does not amount to subverting …

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 …

P&H High Court's 19 Senior Designations Challenged In Supreme Court
3 years, 8 months ago

P&H High Court's 19 Senior Designations Challenged In Supreme Court

Live Law  

A writ petition has been moved before the Supreme Court challenging the recent notification of the Punjab & Haryana High Court designating 19 lawyers as Senior Advocates. It may be noted that the Punjab and Haryana High Court had, on May 28, designated 19 lawyers as Senior Advocates. Further, it submits that no action whatsoever thereon was taken until recently …

Madras Bar Association Moves Supreme Court Challenging Tribunals Reforms Ordinance 2021
3 years, 11 months ago

Madras Bar Association Moves Supreme Court Challenging Tribunals Reforms Ordinance 2021

Live Law  

The Madras Bar Association has filed a writ petition in the Supreme Court challenging the Tribunals Reforms Ordinance 2021, to the extent it amends Sections 184 and 186 of the Finance Act 2017.Sections 184 and 186 of the Finance Act 2017 give Central Government rule-making power in relation to the mode of appointment, terms of service, allowances. The Madras Bar …

'Approach High Court' : Supreme Court Refuses To Entertain Petition Challenging Madhya Pradesh 'Love Jihad' Law
4 years, 1 month ago

'Approach High Court' : Supreme Court Refuses To Entertain Petition Challenging Madhya Pradesh 'Love Jihad' Law

Live Law  

The Supreme Court on Friday refused to entertain a writ petition which challenged the constitutional validity of the Madhya Pradesh Freedom of Religion Ordinance dealing with religious conversions and inter-religious marriages. We've sent similar matters back to HC", a bench headed by the Chief Justice of India observed while considering a writ petition filed Vishal Thakre and few others. The …

SC Issues Notice On Plea Seeking Clarification On The Issue Of Applicability Of Extended Limitation Period On Section 167(2) CRPC
4 years, 9 months ago

SC Issues Notice On Plea Seeking Clarification On The Issue Of Applicability Of Extended Limitation Period On Section 167(2) CRPC

Live Law  

The Supreme Court on Monday issued notice on an an application seeking a clarification that the earlier order of top court extending the limitation period with effect from March 15 does not cover the time limit prescribed under Section 167 of the Code of Criminal Procedure for grant of bail.A bench of Chief Justice SA Bobde, Justices AS Bopanna & …

Family Courts Overburdened With Burgeoning Matrimonial Disputes, Judges Under Judicial Suffocation: Madras HC [Read Order]
5 years, 6 months ago

Family Courts Overburdened With Burgeoning Matrimonial Disputes, Judges Under Judicial Suffocation: Madras HC [Read Order]

Live Law  

The Family Court Judges are under judicial suffocation, remarked the Madras High Court while dismissing a contempt petition filed against a Family Court judge. A litigant had filed a contempt petition against the Family Court judge alleging that he did not comply with the High Court direction to dispose of the case within six months. Observing that this petition has …

HC Registry Cannot Exercise Judicial Powers To Decide Maintainability Of Petitions: SC [Read Order]
5 years, 11 months ago

HC Registry Cannot Exercise Judicial Powers To Decide Maintainability Of Petitions: SC [Read Order]

Live Law  

The Supreme Court has held that the High Court registry cannot decide maintainability of petitions which requires judicial application of mind. The bench comprising Justice NV Ramana and Justice Mohan M. Shantanagoudar was considering a special leave petition challenging the action of Madras High Court Registry which had refused numbering of a Anticipatory Bail petition and dismissed it on the …

Autonomy Of The Bar Cannot Be Taken Over By The Court: SC Quashes Madras HC 'Disciplinary Rules' For Lawyers
6 years, 1 month ago

Autonomy Of The Bar Cannot Be Taken Over By The Court: SC Quashes Madras HC 'Disciplinary Rules' For Lawyers

Live Law  

The Supreme Court has quashed Rules 14- A to 14-D of the Rules of High Court of Madras, 1970 holding that they are ultra vires to Section 34 of the Advocates Act and usurps the power of the Bar Council in Disciplinary matters. The bench comprising Justice Arun Mishra and Justice Vineet Saran observed that the Advocates Act never intended …

Bombay Lawyers Association Moves HC Challenging Amendments To Appellate And Original Side Rules [Read Petition]
6 years, 2 months ago

Bombay Lawyers Association Moves HC Challenging Amendments To Appellate And Original Side Rules [Read Petition]

Live Law  

A petition has been filed in the Bombay High Court challenging the Constitutional validity of the amendments introduced by the Bombay High Court to its Appellate side and Original side rules, by exercising powers under Section 34 of the Advocates Act, 1961. The objections raised by the Association include: The petition alleges that the impugned notification seeks to nullify the …

Plea Against Calcutta HC Senior Designation Guidelines; SC Asks Petitioner To Approach HC [Read Order]
6 years, 6 months ago

Plea Against Calcutta HC Senior Designation Guidelines; SC Asks Petitioner To Approach HC [Read Order]

Live Law  

“There is no distinction u/s 16 of the Advocates Act and “any Advocate” i.e. even an Advocate practicing at the Trial Courts can be designated as a Senior Advocate if in the opinion of the High Court or the Supreme Court of India, he fulfills the criteria laid down u/s 16 of the Advocates Act,” the petitioner contended.The Supreme Court …

Plea Against Calcutta HC Senior Designation Guidelines; SC Asks Petitioner To Approach HC [Read Order]
6 years, 6 months ago

Plea Against Calcutta HC Senior Designation Guidelines; SC Asks Petitioner To Approach HC [Read Order]

Live Law  

“There is no distinction u/s 16 of the Advocates Act and “any Advocate” i.e. even an Advocate practicing at the Trial Courts can be designated as a Senior Advocate if in the opinion of the High Court or the Supreme Court of India, he fulfills the criteria laid down u/s 16 of the Advocates Act,” the petitioner contended.The Supreme Court …

Allahabad HC Challenges Its Own Judgment On HC's Superintendence Over Family Courts; SC Issues Notice [Read Order]
6 years, 10 months ago

Allahabad HC Challenges Its Own Judgment On HC's Superintendence Over Family Courts; SC Issues Notice [Read Order]

Live Law  

The Supreme Court on Friday issued notice on an appeal filed by the Allahabad High Court against its own judgment placing family courts under the superintendence of the High Court.The notice was issued by a Bench comprising Justice Ranjan Gogoi and Justice R. Banumathi on a petition challenging a judgment passed in July last year.The petition before the High Court …

Order Extending Madras HC’s Stay On Cattle Rules: SC To Hear Clarification Petition
7 years, 8 months ago

Order Extending Madras HC’s Stay On Cattle Rules: SC To Hear Clarification Petition

Live Law  

The Supreme Court has agreed to hear on Friday an application filed by animal rights activist Gauri Maulekhi seeking clarification of its July 11 order staying centre's two notifications banning cattle sale for slaughter in live stock markets. Two NGOs also moved the Apex Court seeking similar order on the grounds that the court has stayed Centre's two notifications-Prevention of …

Order Extending Madras HC’s Stay On Cattle Rules: SC To Hear Clarification Petition
7 years, 8 months ago

Order Extending Madras HC’s Stay On Cattle Rules: SC To Hear Clarification Petition

Live Law  

The Supreme Court has agreed to hear on Friday an application filed by animal rights activist Gauri Maulekhi seeking clarification of its July 11 order staying centre's two notifications banning cattle sale for slaughter in live stock markets. Two NGOs also moved the Apex Court seeking similar order on the grounds that the court has stayed Centre's two notifications-Prevention of …

High Courts Weekly Round-Up
8 years, 2 months ago

High Courts Weekly Round-Up

Live Law  

Allahabad High CourtThe Allahabad High Court observed that the levy of entry tax on e-commerce sites is prima facie unconstitutional as the state legislature has no authority or competence to do so.Bombay High CourtA division bench of Justice Abhay Oka and Justice GS Kulkarni of the Bombay High Court cautioned family courts to follow the law in letter and spirit, …

High Courts Weekly Round-Up
8 years, 2 months ago

High Courts Weekly Round-Up

Live Law  

Allahabad High CourtThe Allahabad High Court observed that the levy of entry tax on e-commerce sites is prima facie unconstitutional as the state legislature has no authority or competence to do so.Bombay High CourtA division bench of Justice Abhay Oka and Justice GS Kulkarni of the Bombay High Court cautioned family courts to follow the law in letter and spirit, …

High Courts Weekly Round-Up
8 years, 6 months ago

High Courts Weekly Round-Up

Live Law  

Allahabad High CourtThe Allahabad High Court commuted the death sentence awarded by a trial court for a man accused of raping and murdering a 4-year-old girl, to life imprisonment.Bombay High CourtBombay High Court recently dismissed a petition filed by five Police Officers challenging the order of Maharashtra Police Chief, rejecting their application for grant of permission to form. Allahabad High …

SC upholds Allahabad HC Rule which mandates that a lawyer outside state cannot appear in Court without a Local lawyer's appointment
8 years, 6 months ago

SC upholds Allahabad HC Rule which mandates that a lawyer outside state cannot appear in Court without a Local lawyer's appointment

Live Law  

The Bench held that Rules 3 and 3A of the Allahabad High Court Rules, 1952 are perfectly valid, legal and do not violate the right of the appellant under Article 19 of the Constitution of India.The Supreme Court in JAMSHED ANSARI VS. HIGH COURT OF JUDICATURE AT ALLAHABAD & ORS has held that right of Advocates to appear and conduct …

SC upholds Allahabad HC Rule which mandates that a lawyer outside state cannot appear in Court without a Local lawyer's appointment
8 years, 6 months ago

SC upholds Allahabad HC Rule which mandates that a lawyer outside state cannot appear in Court without a Local lawyer's appointment

Live Law  

The Bench held that Rules 3 and 3A of the Allahabad High Court Rules, 1952 are perfectly valid, legal and do not violate the right of the appellant under Article 19 of the Constitution of India.The Supreme Court in JAMSHED ANSARI VS. HIGH COURT OF JUDICATURE AT ALLAHABAD & ORS has held that right of Advocates to appear and conduct …

Amended Advocate Rules on hold for all practical purposes: Madras HC [Read Order]
8 years, 7 months ago

Amended Advocate Rules on hold for all practical purposes: Madras HC [Read Order]

Live Law  

Through an interim order, the First Bench of Madras High Court on Tuesday reiterated Judiciary’s stand that the new amended Advocates Rules have been kept in abeyance for all practical purposes.“Practically the Rules are already in abeyance for the time being, as the deliberations before the Committee are in progress,” the Bench comprising Chief Justice S.K. Through an interim order, …

A Father cannot appear and plead on behalf of his children: Madras HC [Read Order]
8 years, 8 months ago

A Father cannot appear and plead on behalf of his children: Madras HC [Read Order]

Live Law  

“Only an authorised practitioner of law, can appear and plead on behalf of some other individual” the bench observed.A Division Bench of Madras High Court bench, in P.Balasubramaniyan v The Tahsildar, Karur District has refused to grant permission to a father to appear as party in person and plead on behalf of his children.The father had appeared before the court …

Full Court reiterates Madras HC CJ's assurance that no precipitative action will be taken against ‘undisciplined lawyers’ as of now
8 years, 9 months ago

Full Court reiterates Madras HC CJ's assurance that no precipitative action will be taken against ‘undisciplined lawyers’ as of now

Live Law  

The Full Court of Madras High Court has reiterated the Chief Justice's assurance to the representatives of the Bar Council and the Bar Associations that pending examination of the Rules no precipitative action will be taken will continue to operate.However the above assurance is subject to ‘the advocates and/or Bar Associations withdrawing the boycott and/or the strike and resuming. The …

Madras Lawyers protest against Disciplinary Rules
8 years, 9 months ago

Madras Lawyers protest against Disciplinary Rules

Live Law  

Lawyers from more than 135 Bar Associations in Tamil Nadu and Puducherry have participated in a rally organised by Madras High Court Advocates’ Association in Chennai, demanding the withdrawal of new Amendments introduced by Madras High Court in the Disciplinary Rules under Advocates Act.Last Week the Madras High Court Advocates Association, in a unanimous resolution, has expressed. Lawyers from more …

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