Foreign Law Firms can advise Indian clients on ‘fly in and fly out’ basis but cannot set up offices in India

Business Mar 13, 2018 Editor : Shreya Bansal 0 Shares

The Supreme Court on Tuesday held that Foreign Law Firms cannot set up their offices in India or practice in Indian Courts. But they can give advice to Indian clients on 'fly in and fly out' basis.

The Bench comprising of Justice Adarsh Kumar Goel and Justice UU Lalit upholding the Madras High Court and Bombay High Court judgments has directed the Centre and BCI to frame rules in this regard.

Also Read - Government of India Needs to Put In More Efforts For Release Of Tamil Fishermen In Srilankan Jail: Madras High Court

The Court also allowed the foreign lawyers to appear in International Commercial Arbitration subject to relevant institutional rules.

The apex court took up the case in July 2012 when an appeal was filed by the Bar Council of India against the Madras High Court judgment.

Also Read - Serious Allegations Of Availing Fraudulent GST ITC In Electronic Credit Ledger: Madras High Court Refuses Refund Of Amount

The Madras High Court in its judgment dated February 21, 2012, had held that foreign lawyers or foreign law firms cannot practice in India unless they fulfill the requirements of the Advocates Act, 1961 and the Bar Council of India Rules. However, they are allowed to visit India on 'fly in and fly out' basis for the purpose of giving legal advice on foreign law to their clients in India.

Since the Indian Government proposal to allow foreign players in the Country, many lawyers have expressed their reservations on the entry of the foreign law firms, as then they will experience difficulty in competing with the rates offered by their larger peers, consequently, affecting their practice.

Government of India Needs to Put In More Efforts For Release Of Tamil Fishermen In Srilankan Jail: Madras High Court

Government of India Tamil Fishermen Srilankan Jail Madras High Court

Executive Apr 05, 2022 Dolly Chhabda ( Editor: Adv. Jhanak Sharma ) 4 Shares

Case Name: G.Thirumurugan @ Theeran Thirumurugan v. Union of India and Ors. Case No: WP(MD) 23290 of 2021The Madras High Court has ordered the Indian government to continue its efforts and to use any existing agreements in order to secure the release of 68 fishermen imprisoned in Sri Lanka.The Sri Lankan Navy and Coast Guard apprehended the bench of Chief Justice Munishwar Nath Bhandari and Justice D Bharatha Chakravarthy, together with their vessels.The court praised the government...

Read full post

Serious Allegations Of Availing Fraudulent GST ITC In Electronic Credit Ledger: Madras High Court Refuses Refund Of Amount

Serious Allegations Availing Fraudulent GST Madras High Court

Judiciary Mar 29, 2022 Vaibhav Gattani ( Editor: Mrinalini Dayal ) 1 Shares

The Madras High Court bench of Justice C. Saravanan refused to grant a refund of the amount lying in the assessee's electronic cash ledger on the grounds that there were serious allegations against the assessee for having an availed fraudulent input tax credit (ITC) in the electronic credit ledger on the strength of a bogus and fictitious input tax invoice for discharging GST liability with no supply.The writ petitioner/assessee has sought the direction to refund...

Read full post