Justice seen or done? / Issue 68

Legally India newsletter
Legally India newsletter

All is calm and kites flew high over the Colaba slums this evening. In the absence of riots and overt discontent on either side, it is fair to say that the Allahabad High Court ruling in the Ayodyah case yesterday was diplomatically just, in deciding to partition the site of the demolished Babri mosque and the (now legal) birthplace of the god-king Ram into three parts.

Whether the decision was in line with the law is a story that the Supreme Court will now almost certainly have to decide, as lawyers pore over 10,000 pages judgments.

Click on through to download the verdicts, summaries and to re-live Ayodhya judgment day through our live blog, which like the High Court website briefly buckled under visitor traffic.

Although some lawyers hurried out of towns into the hills in anticipation of the judgment, others seized the week.

Former Luthra & Luthra corporate partner Vineet Aneja has set up a long-needed Delhi office for ALMT Legal. And if the word on the street is to be believed, ALMT’s best friend Clyde had quite a bit to do in giving the impetus to make it happen.

Meanwhile, start-up Argus Partners that has been shaking up the Kolkata market since emerging out of Amarchand a year ago, has now targeted Mumbai with the opening of a new office. The Kolkata market may have its unique appeal but the big-ticket transactional work is still tastier outside.

The India v. UK liberalisation talks seem to be in a phase of unintentional cold war at the moment.

The law ministry sent out a somewhat unexpected press release this week, which announced that the BCI was opposing the entry of foreign law firms. In the apparent absence of a recent BCI meeting on the matter, it may be fair to ask: “So what’s new?”

Cryptic as ever, the statement could either signify a further hardening of the lines or be the result of a round of lobbying. Or conversely it could be intended as a softening up of domestic lawyers, mentioning that the issue was subject to “rational scrutiny”. Two years anyone?

Meanwhile, the UK has unintentionally hit back with reciprocity. The exclusive Qualified Lawyers Transfer Scheme (QLTS) provider Kaplan has increased fees at least four-fold and discontinued the India test centre. Indian lawyers who want to practice in England will need to pass the test (once India is on the list anyway) but costs could now be prohibitive to those without job offers from foreign firms.

Although the SRA awarded the virtual three-year monopoly to Kaplan, to be fair the body did conduct a long consultation in 2008-09 with over 39 participants.

However, lack of consultation was the main objection to the BCI’s response to a Right to Information (RTI) request about the process that was followed to select a private contractor to assist with the bar exam. In fact, it appears that there was no process and no other suitable providers were looked at. The BCI also refused to disclose the commercial terms of the deal.

In light of the BCI’s apparent commitment to transparency – see the new video of the recent BCI robing ceremony and swearing of oaths – this reluctance is perhaps unnecessary and not helping appease conspiracy theorists.

Finally, this week India’s best legal bloggers were crowned with the big awards in what has easily been one of the most friendly and entertaining competitions this year in Indian law. Congratulations to the winners and all bloggers, we look forward to reading more of your pearls of wit and wisdom!

Mooting Premier League 2

The ultimate test of mooting prowess is gearing up, with an early leader emerging:

Careers Counsel

Blogs of the week

Comment of the week

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Comments

Anonymous guest 4 Oct 2010, 03:18
+0 -0
hey can we have a story on kasab's lawyer coming on bigg boss? it is interesting from an ethics perspective bcoz the guy was boasting and advertising himself.
Anonymous guest 4 Oct 2010, 15:42
+0 -0
http://abovethelaw.com/2010/09/back-to-the-future-what-the-j-d-class-of-2011-can-learn-from-indian-law-students-in-1930/#more-38081

This is an interesting article Kian.

If you have been following their site, the rhetoric against India lawyer has reached fever pitch.

This article is somehow directed at Indian lawyers at well. In particular, the readers of LegallyIndia. Don't believe me? Just go through the second last paragraph.
kianganz 4 Oct 2010, 15:50
+0 -0
Thanks, also thought it was very interesting indeed and I covered it on Friday in a blog:

http://www.legallyindia.com/1366-bombay-lawyer-on-a-starvation-dieta-1930s-career-advice-has-anything-changed

That letter is quite an amazing find and good read, I thought...
Anonymous guest 4 Oct 2010, 17:48
+0 -0
@2:

WTF? how are they speaking against indian lawyers? it was a nice article. even today indian lawyers have to live on a starvation diet (thanks to SILF and the litigation mafia)
Anonymous guest 4 Oct 2010, 21:27
+0 -0
@4

If you come out from under the rock that you've been living under, you should be able to read what I said. "Following their site"

Apparently you haven't done that either.

If you did, you would be able to place the snide remark which they made, in context.

ATL is known for its hate of outsourcing and its editors often indulge in jokes on Indian lawyers which are uncalled for. By making the statement referred to, they are reminding Indian lawyers not to gloat at the endless stream of misery which American lawyers believe they are enduring since, according to them, we are in the same boat as they are.

If you have been following LI, you would know that that is as inaccurate a statement can get.

Just look at how many law firms are expanding, getting new hires with the Indian legal market witnessing an explosive growth never seen before.

Bottom line - American lawyers are jealous. At the action which Indian law firms are getting. The fact that a Luthra & Luthra is today the world's number 1 firm regarding project finance transactions is a good example.

Oh and come out from under your rock you ignorant twat.
Anonymous guest 5 Oct 2010, 17:14
+0 -0
plz report on this

http://timesofindia.indiatimes.com/city/bangalore/Current-affairs-will-be-key-to-crack-CLAT/articleshow/6639181.cms

"This time, CLAT application forms will seek exclusive details of students such as family income, if he/she has undergone coaching, if the ward's parents speak English, if the parents are into the legal profession, etc."

will there be reservation for backward students or something?
Anonymous guest 6 Oct 2010, 04:31
+0 -0
@5: "The fact that a Luthra & Luthra is today the world's number 1 firm regarding project finance transactions is a good example."

ROTFLMAO. you must be one of those ignorant ppl who believe india is a superpower.