Advocates for Justice

06/12/2024

The has ruled that amounts transferred to a statutory reserve fund, as mandated by the Reserve Bank of India (RBI) Act, are not eligible for deduction under the Income Tax Act, 1961. This decision was made in a case where the assessee had transferred funds to the statutory reserve fund in compliance with the RBI Act's provisions .

The court held that the reserve fund represents retained profits for business use and does not qualify as a deductible expense under regular income computation or book profit computation under Section 115JB of the Income Tax Act.

This ruling aligns with the court's earlier decision in the same case for other assessment years. The orders of the lower authorities were upheld, and the issue was decided in favor of the revenue department.

18/09/2024

The has postponed the hearing of review petitions challenging the judgment upholding various provisions of the Prevention of Money Laundering Act (PMLA) to October 3. This decision was made after Solicitor General Tushar Mehta requested more time, citing that out of nine review petitions, the Union only had a copy of one.

Senior Advocate Kapil Sibal opposed the request, stating that this has been going on for too long. However, Justice Surya Kant pointed out that Sibal may also require an adjournment in the future.

The review petitions are related to the Vijay Madanlal Choudhary judgment, which upheld provisions of the PMLA, including those related to arrest, search, seizure, and bail. The court had previously observed that at least two conclusions of the judgment required reconsideration: the requirement to provide a copy of the Enforcement Case Information Report (ECIR) to the accused and the reversal of the presumption of innocence.

The matter is now listed for hearing on October 3, with Sibal stressing that no further adjournments should be granted.

04/09/2024

We request the newly enrolled advocates to apply for the next AIBE examination as per the notification

04/09/2024

Telangana Govt issues Ordinance to merge 51 villages at ORR with nearest municipalities

The State Government has issued a gazette to amend the Telangana Municipalities Act 2019 and merge the Gram Panchayats on the Outer Ring Road (ORR) in Rangareddy, Medchal - Malkajigiri and Sangareddy districts with the nearby municipalities.

Taking into consideration the recommendations of the Cabinet Sub-Committee, the Government had decided to expand the urban area up to the ORR by merging 51 Gram Panchayats with their nearest municipalities.

31/08/2024

The Allahabad High Court has imposed a fine of ₹1 lakh on a 77-year-old man for making unsubstantiated allegations against lawyers and district judges in Kanpur Nagar. The court found these allegations to be baseless and an attempt to tarnish the reputation of the judicial institution.

The case began when Randhir Kumar Pandey, the petitioner, filed a review plea against a May 5, 2024 judgment regarding an eviction dispute from a rented property. During the hearing, Pandey's counsel submitted that he did not wish to contest the case on merits and requested a one-year period to vacate the respondent's shop. However, Pandey later challenged this ruling and made vague allegations against his counsel, Senior Advocate DP Singh, and other district judges from Kanpur Nagar.

The court dismissed Pandey's review plea, citing a lack of merit and misuse of the legal process. Although the court considered initiating contempt proceedings, it refrained from doing so due to Pandey's advanced age and health issues.

Instead, the court ordered Pandey to deposit ₹1 lakh to the High Court Legal Services Committee within 15 days. Failure to comply will result in the Registrar General informing the District Magistrate/District Collector, Kanpur Nagar, for recovery of the amount as arrears of land revenue.

31/08/2024

The Kerala High Court has made a significant decision, stating that no organization can register itself using the High Court's address without obtaining consent from the court first. This ruling was communicated to the Kerala High Court Advocates' Association (KHCAA) and other organizations by the Assistant Registrar earlier this week.

The decision comes after a dispute arose between the KHCAA and the Kerala Federation of Women Lawyers (KFWL) regarding the latter's use of the Justice Janaki Amma Memorial Hall in the High Court building. The KHCAA had written to the Acting Chief Justice, requesting the eviction of KFWL from the premises, citing unauthorized use.

In light of this, the High Court has informed all relevant authorities that they will not allow any organization to register using the court's address without consent. This move aims to prevent unauthorized use of the court's premises and maintain the integrity of the judicial system.

It's worth noting that the Kerala High Court has been proactive in promoting transparency and accountability. In a separate case, the court ruled that property registers maintained in public offices, like courts, cannot be considered confidential. This decision underscores the court's commitment to openness and transparency in governance.

11/08/2024

Punjab and Haryana High Court denies relief to cop accused of r**e by live-in partner, rejects their compromise

The Court refused to accept the compromise between the couple, observing that same would be against public policy as both the man and the woman were already married to other people.

The Punjab and Haryana High Court recently rejected the anticipatory bail plea of a police officer accused of r**e by his live-in partner. Justice Harpreet Kaur

11/08/2024

Right To Bail Should Be Read Into S.45 PMLA When Accused Has Spent Long Time In Custody & There's Delay In Trial :

30/07/2024

The Supreme Court of India has ruled that the enrollment fees charged by State Bar Councils and the Bar Council of India (BCI) cannot exceed the limit prescribed by the Advocates Act .

Fees cannot exceed ₹600: The court stated that as per Section 24(1)(f) of the Advocates Act, the State Bar Councils or Bar Council of India cannot charge anything in excess of ₹600.

No miscellaneous fees: The court also stated that there is no provision under the Advocates Act to charge miscellaneous fees, and any such charges are contrary to the Act.

Only enrollment fee and stamp duty charges: The court ruled that only the enrollment fee and stamp duty charges are payable, and no other fees can be charged.

Prospective effect: The judgment will have prospective effect, meaning that any excess fees collected up until now need not be refunded.

Bar councils can charge for services: The court also ruled that bar councils can charge for services like legal aid, but not at the time of enrollment of lawyers.

27/07/2024

26/07/2024

The Madras High Court has ruled that police officers below the rank of Inspector do not require prior sanction to be prosecuted.

- No prior sanction needed: The court held that Section 197 of the Code of Criminal Procedure (CrPC) does not apply to officers below the rank of Inspector.
- Article 14 does not apply: The court also ruled that Article 14 of the Constitution, which guarantees equality before the law, does not apply to administrative hierarchies.
- Reasonable classification: The court noted that the classification of officers based on their rank is reasonable and does not violate Article 14.
- Prosecution allowed: The court allowed the prosecution of officers below the rank of Inspector without prior sanction.

This ruling has implications for police officers in Tamil Nadu, as it allows for their prosecution without the need for prior sanction from the government.

26/07/2024

Telangana Advocates Welfare Fund - Enhancement of Death Benefit payable to the nominees of the deceased advocates -Reg

14/07/2024

The Karnataka High Court has stated that requiring a bank guarantee as a condition of bail is illegal. Here are some points from the ruling:

- The single judge bench of Justice M Nagaprasanna observed that many cases involve trial courts imposing conditions for furnishing bank guarantees while granting bail, which is illegal.

- The observation came while allowing a petition filed by Vaibhavaraj Utsav, whose application seeking modification of the bail condition of furnishing a bank guarantee of Rs 50 lakh was rejected.

- The bench relied on several Apex Court judgments, stating that requiring a bank guarantee as a condition for release on bail or continuance of bail is illegal.

- The court directed that trial courts cannot insist on furnishing bank guarantees for the release of the accused on grant of bail, and the concerned court would be free to impose any other legally tenable conditions.

09/07/2024

The Bar Council of India (BCI) has urged the Central government to introduce a health insurance scheme for advocates and implement the Advocates Protection Bill, which aims to provide safety and security to lawyers. In a letter to Union Minister of State for Law and Justice Arjun Ram Meghwal, BCI Chairman Manan Kumar Mishra emphasized the need for a health insurance scheme, citing the challenges and risks associated with the legal profession.

The BCI also highlighted the importance of implementing the Advocates Protection Bill, which has been pending for several years. The bill aims to provide protection to advocates from physical attacks, harassment, and intimidation, and ensures their safety and security while discharge of their professional duties.

The letter also mentioned other issues affecting the welfare and security of the legal fraternity, including:

- Providing financial assistance to advocates who are struggling financially
- Creating a welfare fund for advocates
- Ensuring adequate infrastructure and facilities for courts and lawyers
- Addressing the issue of delay in payment of fees to advocates by clients and courts.

The BCI's request aims to improve the overall well-being and security of advocates, enabling them to perform their duties more effectively.