Section 35 and 36 of the Advocates Act, 1961 provide the rules and procedure for professional misconduct and other misconduct. Section 35 lays down the procedure for the State Bar Council whereas Section 36 lays down the procedure for the Bar Council of India. The procedure is as follows-   -   Complaint Received/Suo Moto Act (Both based on Reason to Believe) -   Disciplinary Committee is set consisting of 3 members (Section 9) -   Opportunity of hearing (principles of natural justice to be followed) -   Order (Dismissal/Guilty)   In the case of NG Dastane v ..read more

  source- barandbench The Bar and Bench relations are of supreme importance in the Indian Legal System. The Bar consists of the advocates that represent their clients in the courtroom, while the Bench consists of the judges who help those people in achieving justice. Both the advocates and the judges work together for the administration of justice and it is crucial that both maintain a dignified and respected relationship. To maintain this relation, it is essential that both the advocates and the judges fulfil their duties respectively.   Let us understand some of the duties of t ..read more

  यतो धर्मस्ततो जयः is the motto of the Supreme Court of India which means that “where there is Dharma, there is Jai-Victory.” The motto has been taken from the Mahabharata- the great ancient Indian epic. The meaning of the motto adopted by the Supreme Court of India is to give effect to the fact that “where there is Justice and Righteousness, there is Victory.” Victory can only prevail where there is truth, and it is the truth that will reflect upon the justice that the people of the country deserve to get. The term “Dharma” has also been of great significance in Indian history and th ..read more

Source:iPleaders Pawan Tamrakar and Ors. v. M.P. Special Police Establishment and Ors., 2021 (MP High Court)   Brief Facts The allegation against the petitioner is that while working in different capacity in Genius Paramedical Institute, he had submitted forged list of students and claimed scholarship amount. Separate FIRs got registered against him in respect to each student. He was charged u/s 120-B, 409, 420, 467, 468 of the IPC and u/s 13(1)(d) and 13(2) of Prevention of Corruption Act. The fundamental basis on which the jurisdiction of the Supreme Court was invoked under Article ..read more

Source:LawInsiderIndia This blog is authored by Harsh Kashyap, a 3rd year law student from  Shri Navalmal Firodia Law College, Pune Nowadays we come across reports of incidences of crimes that allege, that the victim had been driven to commit suicide by the accused person(s). Most such victims are either involved in any professional transaction with the accused person or are involved in any love affair. It would be pertinent to mention here that according to the National Crimes Record Bureau data of 2020, eight thousand, eight hundred and sixteen (8,816) abetment of suicide cases were ..read more

 Resham v State of Karnataka, 2022 Source:AsianetnewsHindi (This article is a personal observation of the authoron the Karnataka High Court judgement and does not intent to hurt any religious or moral sentiment) Judges:  Chief Justice Ritu Raj Awasthi, Jts. Krishna Dixit and Jts. JM Kazi Issue: The main issue before the court was that whether hijab essential religious and cultural practice of Islam Arguments The argument by the petitioner was on the ground that Islam does not give the choice and therefore we do not have a choice but to wear hijab. Because as per essential religious ..read more

If you are looking for the best internships, just like every other student in a law school, there are a lot of (baby) steps one must follow. Of course, you can get internships by having a reference or connection but having these are not common. In this article, we aim to provide you with insight based on our own experiences and of our peers;   1. Start taking internships seriously from the very beginning of college-   Most colleges have internship policies wherein students have to compulsorily do internships. In your 1st-2nd year of law school, it is best to explore District Courts ..read more

    The Canon India Private Limited v. Commissioner of Customs[1], decided on 9th March, 2021 in Supreme Court held that the Directorate of Revenue Intelligence cannot be considered as ‘the Proper Officer’ while issuing a Show Cause Notice for recovering a duty not paid under section 28(4) of the Customs Act, 1962.   Section 28(4) states that where any duty has not been levied or not paid or has been short-levied or short-paid or erroneously refunded, or interest payable has not been paid, part-paid or erroneously refunded, by reason of- a. collusion, or b. any willful miss ..read more

 Supreme Court of India Judges: Jts. Hemant Gupta and Jts. V. Ramasubramanian   Introduction About 91 persons who purchased 51 residential apartments, in a residential complex comprising of about 1134 apartments, promoted by the appellant herein, joined together and filed a consumer complaint on the file of the National Consumer Disputes Redressal Commission, New Delhi. The Consumer complaint was accompanied by an application under Section 35(1)(c), seeking the permission of the National Commission to prosecute the matter jointly, for the benefit of and on behalf of, not only of the ..read more

  Source:DNSIndia This paper is authored by Sarthak Chauhan, Gourav Asati, Aryan Singh Chouhan, Abhinav Bishnoi and Shruti Rai Khanna final-year student at Institute of Law, Nirma University, Ahmedabad.  Keywords Goods and Services Tax Act, 2017, Harmonized System of Nomenclature (HSN), GST Appellate Tribunal, GST Council, Government, Indirect Taxes 1.    Introduction   Before 2017, the system of Indirect Taxes levy in India was very different. Various taxes such as Service Tax, Sales Tax, Octroi, Luxury Tax, Value Added Taxes, etc. were applicable dep ..read more