Daily Archives: March 13, 2018

5 months ago blogs

Foreign law firms can’t practice in India, but their lawyers can advise: SC


The Supreme Court on Tuesday said that foreign law firms cannot set up offices in India but their lawyers could give legal advice on foreign laws.



However, the bench headed by Justice Uday Umesh Lalit and Justice Adarsh Kumar Goel said that foreign lawyers could come to the country and be consoled by international commercial arbitrator ship. Civil lawyer in Patiala


Justice Goel, while enunciation the judgement, said that even for the limited intention they would object to the Bar Council of India’s Code of Conduct.


The court also said that BPO companies dissipated in rendering legal services did not come within the compass of the Advocate Act and thus they can mobilisation in India.


The court judgment came on pleas convene judgements by the Bombay and Madras High Courts.


Madras High court had said that foreign lawyers can fly in and fly out for present legal advice on foreign laws.


The foreign lawyers and firms, which would take a section in international arbitration proceedings, “will be administered by a code of conduct exercisable to the legal profession in India,” the court said.


The apex court also improved the Madras High Court stream that the BPOs, which provide customised and reposeful services, do not come within the purview of the laws regulator the legal profession here.


“We hold that mere label of such services cannot be demeaned as conclusive. If in pith and material the services amount to the practice of law, the provisions of the Advocates Act will apply and foreign law firms or foreign lawyers will not be assent to do so,” the top court said in its 52-page judgment.


More SC judgment: – Best advocate in Patiala


5 months ago blogs

Tharoor v. Arnab: Cross Examination in Delhi HC to begin in May


The war of speech between Congress leader Shashi Tharoor and Republic TV’s star anchor Arnab Goswami will now culminate at the corroborator stand, with both set to discard before the Delhi High Court in the contempt case filed by the former.


Tharoor had filed a suit against Goswami and his channel seeking Indemnity and damages for making allegedly Defamatory remarks during their notification of Sunanda Pushkar’s death.


He had also asked for a proscriptive injunction restraining Goswami from covering any news related to the death of Pushkar till the investigation was finished. The Court, however, refused to grant the said prohibitory order.


The Court, during supra hearings, had asked Goswami to tone down the figurative and had stated that any person, including an condemned, has a right to silence. Best advocate in Patiala


Last week, the Single Judge Bench of Justice Manmohan framed issues in the suit, with the contract of the parties. Some of the purport are as follows:


  • Whether the news covering and broadcasts carried out by the respondent on the News Channel ‘Republic TV’ between 08th May, 2017 and 11th May, 2017 pertaining to the death of pursuer wife were defamatory to the plaintiff?


  • Whether the contend statements and news reports of the respondent lowered the eminent reputation of the plaintiff receive in India and abroad before right-thinking members of the community and people of average intelligence?


  • Whether the statements made by the respondent were actuated by malice contrary the plaintiff, i.e. with actual knowledge of falseness of the statements or with reckless indifference for the true state of affairs?


  • Whether respondent No.1 has had a history of broadcasting erroneous and unsubstantiated news reports?


  • Whether the defence of stimulation and personal animosity are made out in the operating case?


The Bench then asked the council as to whether the pursuer and the respondent would be willing to step into the witness box. The counsel for both the sides answered in the assertive. The Court then calculated the cross-examination of Tharoor before the Joint Registrar on May 10.

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