Bar, Bench & Litigation

BCI chair calls for book burning, sacking Law Com chair, law & order breakdown, more strikes

The Bar Council of India (BCI) has vowed to lead a massive law and order breakdown if the law ministry does not reject the latest recommendations of the Law Commission (LC), it decided this weekend in a meeting, at which it also demanded the immediate removal of former Supreme Court justice BS Chauhan as the LC’s chairman.

Ram Jethmalani’s Rs 1 cr retainer to Kejriwal causes flutters, but RamJet says he’ll do it pro bono after all if he must

Ram Jethmalani, apparently proposed to charge Delhi chief minister Arvind Kejrriwal a Rs 1 crore retainer and Rs 22 lakhs per appearance to defend him against political rival Arun Jaitley’s defamation claim.

Bar politics: SCBA secy Gaurav Bhatia joins BJP

Supreme Court Bar Association (SCBA) secretary Gaurav Bhatia joined the Bhartiya Janata party (BJP) yesterday, having resigned five months ago as the spokesperson for the Samajwadi Party (SP), reported the Hindustan Times.

Round-up: After system + pendency reeled from Friday’s strikes, BCI Mishra calls for another ‘big demonstration’ in Delhi now

The Bar Council of India (BCI) call for a nationwide strike on Friday was joined by at least 3 lakh lawyers in various cities, disrupted court work across India, added pending litigation in thousands and perhaps resulted in the resignation of a bar council chairman in protest, even as the Supreme Court Bar Association (SCBA) and other bar leaders did not support the call.

We fact checked BCI Mishra’s call for a Friday strike: Many untruths, some misreps, and a few important true things

The Bar Council of India (BCI) chairman Manan Kumar Mishra has published a lengthy and detailed call for a strike on the BCI’s website earlier today.

Delhi HC judge recuses self from Amity suicide case because has family studying at Amity

After the apex court in September 2016 took suo motu notice of former Amity Law School, IP University, student Sushant Rohilla’s suicide, the case was transferred to the Delhi high court March 2017 to be decided on merits, where where progress has been slow.

Delhi HC gets new seniors: Chander Lall, Akhil Sibal, ex-law firmite Darpan Wadhwa + 9 [UPDATE-1]

The Delhi high court has designated new senior counsel, including, as long expected, Chander Lall and Akhil Sibal.

Gov’t agrees to hike judge pay up to Rs 2.8 lakh: Would nudge judicial salaries back to 1957-ish levels in real terms

The pay hike would take apex and high court judges roughly back to the levels they had been paid in 1957 (adjusted for inflation), according to an analysis of decreasing salaries we had published in Mint in 2015 with Alok Prasanna Kumar (see graphic above).

BCI chair Mishra wants ‘pen down’ strike vs Law Com’s gentler anti-strike reforms than BCI’s own • Bar leader Dahiya implores lawyers to boycott Mishra’s call

Bar Council of India (BCI) chairman Manan Kumar Mishra has called for a nationwide lawyers’ strike on 31 March after meeting with Delhi bar associations, Live Law reported Mishra as saying yesterday.

Cautious Law Com floats Advocates Act amendments: Includes barebone foreign lawyer entry • Broadbases BCI • Leaves many details, much power for BCI

The Law Commission, headed by chairman and former Supreme Court judge Justice BS Chauhan, has released its draft Advocates Act (Amendment) Bill 2017, including proposals by the Bar Council of India (BCI) and other stakeholders after the Commission was tasked by the Supreme Court to look at the BCI’s failure to do its statutory duty of regulating the profession.

MK Mishra gives in, tells Law Com strikes are ok, after up to 4,000 Delhi lawyers strike at BCI office, throw shoes at him

Bar Council of India (BCI) chairman Manan Kumar Mishra wrote to the Law Commission yesterday, withdrawing the BCI resolution that had recommended a ban on lawyer strikes and heavy fines for professional misconduct, after possibly up to 4,000 lawyers marched to the BCI office demanding Mishra’s resignation.

Ironies continue: Delhi Bar Association to protest tomorrow against BCI Mishra’s plan for Rs 5 lakh misconduct penalties, demand his resignation

The Delhi Bar Association (DBA), in what it claims would be a delegation of “thousands of lawyers”, plans to march from Rohini district court to the Bar Council of India (BCI) office tomorrow (23 March) demanding the resignation of BCI chairman Manan Kumar Mishra over Mishra’s resolution that seeks to fine lawyers heavily for professional misconduct.

Delicious irony: Days after asking Law Com to make lawyer strikes illegal, BCI chairman Mishra threatens Law Com with protests

Bar Council of India (BCI) chairman Manan Kumar Mishra has posted an update on his official Facebook page threatening that “lawyers will come on roads” if the Law Commission were to recommend that a new regulator should handle disciplinary complaints against advocates.

The inevitable is here, again proves judiciary is a bit broken: Cal cops about to enforce Justice Karnan arrest after his Rs 14 cr counterclaim & questionable letter from RamJet [UPDATE-2]

100 cops, led by the West Bengal police chief, are currently at the doors of Calcutta high court Justice CS Karnan to enforce the Supreme Court’s arrest warrant against him for contempt of court, reported NDTV, after Karnan yesterday sent another letter to the seven most senior apex court judges claiming Rs 14 crore in compensation from them for having “disturbed my mind and my normal life”.

Indian disputes continue marching to Singapore: 68% more Indian parties using SIAC, which opened marketing office in GIFT SEZ

The Singapore International Arbitration Centre (SIAC) has seen a two-third increase in new cases filed in 2016 involving Indian parties, with India remaining the largest overseas jurisdiction to adjudicate in Singapore, way ahead of China.

Gautam Patel J ‘regrets’ his viral smackdown caused young lawyer embarrassment, says he should have blamed instructions (senior, Clasis, Gillette?)

Justice Gautam Patel, who had written a hugely sarcastic, hard-hitting and viral order targeting adjournment culture, has passed a new order expressing his “personal regret” if any embarrassment was caused the the junior counsel appearing before him, clarifying that it should have been directed at those who given the instructions to seek an adjournment.

You’ve probably missed these changes in the AIBE X syllabus: BCI adds tax, PIL, drops CSR, jurisprudence

The Bar Council of India (BCI) has quietly but significantly changed the All India Bar Exam (AIBE) syllabus since last time, possibly making it quite a bit harder, wrote iPleaders co-founder Abhyuday Aggarwal on Live Law yesterday.

Analysing current states of death: 2016 death row spikes led by murder & West Bengal • SC oscillates the other way

For the first time, NLU Delhi’s Centre on the Death Penalty has analysed death penalties across lower courts and released a report, which suggests a picture in which the judiciary ordering a convict killed seems more subject to randomness than an evolving jurisprudence or overarching policy.

Justice Gautam Patel strikes again with most sarcastic (and hard-hitting) order against adjournment culture ever written

After his Indigo-GoAir order went viral last year, Bombay high court Justice Gautam Patel has delivered another zinger, with this one dripping with even more sarcasm and innuendo, scheduling the next hearing date for 2020 (actually, for late 2020, more than three-and-a-half years from now).