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. 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. 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.
Physical Hearings to Commence in Subordinate Courts in Tamil Nadu from January 18, 2021 [READ MEMORANDUM]
Legal Insiders
Dec 24, 2020
Gautami Chakravarty
(
Editor: Ekta Joshi
)
13 Shares
The Registrar General of Madras High Court on Monday (December 21,2020) released an Official Memorandum informing that the Administrative Committee of the Madras High Court has resolved that subordinate courts in Tamil Nadu can proceed with physical hearings from Monday . The Hon'ble Administrative Committee of Madras High Court, in the meeting held on 21.12.2020, took this decision while taking into account the· past functioning of the Subordinate Courts during the...
Madras High Court orders police protection for Advocate to attend the Court as well as using the Bar Room in order to avoid any untoward incident [READ ORDER]
Judiciary
Dec 24, 2020
Dev Kumar Patel
(
Editor: Ekta Joshi
)
18 Shares
The Madurai Bench of Madras High Court came to the rescue of an advocate who was suspended by Nagercoil Bar Association for not participating in the court boycott announced by the association on 8th December 2020.A division bench of Justices N Kirubakaran and B Pugalendhi made the observation while hearing a petition filed by the advocate G Sivakumar of Kanniyakumari challenging the action of the association.Background :An Advocate, who went to the Court to address the grievance of his clients,...
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