Share Tweet Plus One Pin It Email Print By: Advocate Namit Saxena June 18, 2018 12:49 pm Change Font Size The District Bar Association, Faridabad, recently passed a resolution that an outstation advocate will not be allowed to appear in Faridabad courts unless he is accompanied by a local counsel. A drastic step to stop members of the fraternity from appearing in courts! In my view the resolution is, however, legally sustainable although it deserves to be withdrawn at the earliest. Let us see, how the resolution is legally acceptable. Handicapping advocates from appearing without a local counsel; diluting the right to practise! The Advocates Act, 1961 carries within its fold, a dedicated chapter (Chapter IV – Section 29-34) on ‘Right to Practice’. Section 29 holds that there is only one class of persons entitled to practice the profession of law, namely, advocates. The expression ‘profession of law’ has been held to include both … [Read more...] about Is Resolution By Faridabad Distt Bar Assn Barring ‘Outstation’ Advocates Valid?
The Supreme Court, on Tuesday, held that foreign law firms cannot set up offices in India or practice in Indian Courts. It, however, clarified that they can advice Indian clients on a “fly in and fly out” basis, not amounting to regular practice. The judgment was delivered by a Bench comprising Justice A.K. Goel and Justice U.U. Lalit, which was hearing appeals challenging Madras and Bombay High Court judgments. The Bombay High Court had, in 2009, held that the RBI was not justified in allowing foreign law firms to establish liaison offices in India. It had then ruled that such foreign law firms can establish their offices in India only after being enrolled as advocates under the Advocates Act, 1961. This judgment had been challenged before the Supreme Court by the Global Indian Lawyers Association. The Madras High Court had, in February, 2012, held that foreign lawyers and law firms cannot practice law in India either on the litigation or non-litigation side unless they … [Read more...] about Judgment On Foreign Law Firms : Five Issues And Answers By Supreme Court [Read Judgment]