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10 Important Supreme Court Judgments on Legal Profession in 2018

Advocate - Whether foreign law firms / lawyers are permitted to practice in India. Bar Council of India v. A.K. Balaji, 2018 (3) ABR 782 : AIR 2018 SC 1382 : 2018 AIR (SCW) 1382 : 2018 (3) ALD 135 : 2018 (1) GLH 785 : 2018 (2) JLJR 206 : JT 2018 (3) SC 411 : 2018 (2) KLJ 453 : 2018 (3) MLJ 470 : 2018 (2) PLJR 378 : 2018 (2) RCR (Civil) 427 : 2018 (4) Scale 475 : (2018) 5 SCC 379 : 2018 (2) SCC (Cri) 734 : 2018 (2) SCC (L&S) 39 : 2018 (2) SLT 457 : 2018 (2) Supreme 586 C.A. No. 7875 of 2015 13-03-2018

Advocates - Bar Councils and Associations - State Bar Councils - Free and fair elections - Directions. Ajayinder Sangwan v. Bar Council of Delhi, JT 2018 (2) SC 122 : 2018 (2) Scale 249 : (2018) 2 SCC 770 : 2018 (1) SCC(Cri) 850 T.C. (C) No. 126 of 2015 05-02-2018

Advocates - Supreme Court Lawyers’ Chambers (Allotment and Occupancy) Rules. Gopal Jha v. Hon'ble Supreme Court of India, JT 2018 (10) SC 492 : 2018 (14) Scale 286 W.P. (C) No. 745 of 2018 25-10-2018

Advocates Act, 1961 - Salary, Allowances and Pension of Members of Parliament Act, 1954 - Bar Council of India Rules - Rule 49. Ashwini Kumar Upadhyay v. Union of India, 2018 (4) JLJR 70 : JT 2018 (9) SC 449 : 2018 (4) RCR (Civil) 497 : 2018 (11) Scale 459 : 2018 (7) SLT 625 W.P. (C) No. 95 of 2018 25-09-2018



Army Rules, 1954 - R.129 - Friend of accused - Summary Court Martial - Assault on a superior officer - Use of abusive language against a Subedar who had found the appellant to be not properly dressed for the parade - Assistance of a civil advocate was denied - there was a clear violation of the principles of natural justice. Jaswant Singh v. Union of India C.A. 6886 of 2014 10-12-2018

Constitution of India - Arts. 14, 15, 25, 32, & 51A(e) - Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965 (Kerala) - R.3(b) - Hindu Places of Public Worship (Authorisation of Entry) Act, 1965 (Kerala) - S.4 - Seeks issuance of directions against the Government of Kerala, Devaswom Board of Travancore, Chief Thanthri of Sabarimala Temple and the District Magistrate of Pathanamthitta to ensure entry of female devotees between the age group of 10 to 50 years to the Lord Ayyappa Temple at Sabarimala (Kerala) which has been denied to them on the basis of certain custom and usage - to declare the 1965 Rules framed in exercise of the powers conferred by the 1965 Act as unconstitutional and further to pass directions for the safety of women pilgrims. Indian Young Lawyers Association v. State of Kerala, JT 2018 (10) SC 19 : 2018 (4) KLT 373 : 2018 (13) Scale 75 W.P. (C) No. 373 of 2006 28-09-2018

Contempt of Courts Act, 1971 - Criminal Contempt - Lawyer - Sentence of simple imprisonment for six months - direction to the Bar Council of India to take appropriate action against the appellant - It was made clear that until the appellant purged with the contempt, he would not be entitled to practise under the jurisdiction of the respondent-High Court, except for the chamber practice - As per the interim Order dated 3rd December, 2007 while admitting the appeal, the sentence of imprisonment awarded to the appellant was stayed by this Court. Bar Council of India that they had dropped the proceedings against the appellant on account of his serious ill-health, having met with an accident - Court had also taken note of the 2 adverse health condition of the appellant - High Court, submits that the appellant has not been practising in the jurisdiction of the Jharkhand High Court - interest of justice would be met and complete justice done in case the Interim Order dated 3 rd December, 2007 is made absolute and the appeal is disposed of, thereby vacating that part of the impugned order on sentence of imprisonment. Ordered accordingly. In view of above, the appeal is party allowed. K.K. Jha "Kamal" v. Jharkhand High Court, 2018 (9) Scale 46 Crl.A. No. 1673 of 2007 10-07-2018

Criminal P.C. 1973 - Ss. 482, 216, 173, 200 & 202 - Offence of attacking petitioner by advocates, in courtroom in the presence of presiding officer. Osama Aziz v. State of Uttar Pradesh, 2018 All.M.R. (Cri.) 2681 : 2018 (3) Bom.C.R. (Cri.) 115 : 2018 (2) Crimes 392 : 2018 (2) RCR (Criminal) 928 : (2018) 5 SCC 415 : 2018 (2) SCC (Cri) 764 Crl.A. No. 648 of 2018 27-04-2018

Public Interest Litigation - Insurance Companies - Payment of fee to its Empanelled Advocates - Fees Schedule framed by General Insurance Public Sector Association (GIPSA). United India Insurance Co. Ltd., 2018 (8) Scale 545 : (2018) 8 SCC 177 C.A. No. 5953 of 2018 02-07-2018

Rights of Prisoners - Death Row Prisoner - With regard to the entitlement of a prisoner on death row to have meetings and interviews with his lawyers or members of his immediate family or even mental health professionals - such meetings and interviews should be permitted. Re-inhuman Conditions In 1382 Prisons v. State of Assamhttp://bit.ly/IA26542of2018 13-12-2018

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