Bar Council of India Rules

Third-Party funding in Litigation

By | September 3rd, 2019|Access to Justice, Bar Council of India Rules, Civil Procedure, Commercial Litigation, Litigation Practice|

Editor's note: In this post, Namratha Murugeshan, explains Third-Party Funding (TPF) in litigation. The post looks at the pros and cons of allowing TPF given the current set of regulations we have.    What is Third-Party funding (TPF)? TPF or litigation financing refers to a model where when a party’s litigation costs are covered by [...]

Towards Truth as the Only Goal (III of III)

By | April 28th, 2019|Access to Justice, Adjudication and Judicial Process, Article 20, Bar Council of India Rules, Evidence Law, Professional Ethics|

Editor’s Note: In the final part of his series on truth as the normative goal of the judiciary, Justice K. Kannan analyses three systemic hurdles in securing truth – the Fundamental Right against self-incrimination, privileged communications and professional ethics. He ends his three-part series with a noteworthy message to all members of the legal community, [...]

Litigating away to an Island of Independence – an Illusion? (I of II)

By | April 20th, 2019|Bar Associations, Bar Council of India Rules, Litigation Practice, Success in Litigation, Tricks of the Trade, Young Lawyers|

In a two-part series, Abhijeet Singh Rawaley* writes about and tests the validity of the tag of independence that is often ascribed to a career in litigation. In this first part, he looks at the intra-profession influences on any practitioner. The second piece in this series will cover the extraneous influences that  litigators face in [...]

When legislators get to ‘party’ at the Bar

By | April 6th, 2019|Adjudication and Judicial Process, Bar Council of India Rules, Constitution of India, Legislators, Professional Ethics, Supreme Court of India|

“Legal profession requires full-time attention and would not countenance an advocate riding two horses or more at a time". Justice Majumdar in Haniraj L. Chulani v. Bar Council In September 2018, a three-judge bench of the Supreme Court (SC) refused to prevent legislators from practising law during the incumbency of their office. Relying on the lack [...]

When Protectors Start Destroying: The Case of Denial of Representation by Lawyers

By | January 25th, 2018|Article 20, Bar Associations, Bar Council of India Rules, Constitution of India, Human Rights|

Editor's Note: In this article, the author discusses the importance of the right of legal representation and the perils of denying an accused the same. He contextualizes his thesis with pertinent examples and case laws. Then he finally suggests an attitudinal change among the members of the legal fraternity to safeguard the constitutional right of [...]