Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1961 Advocates Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Advocates Act, 1961 (25 of 1961) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Advocates Act, 1961:ss. 24, 29, 47(2) r/w s.49(1)(e) and s.49A – Foreign law firms/lawyers – Permissibility to practice in India – Held: Practice of lawincludes litigation as well as non-litigation – Giving of opinion,drafting of instruments, participation in conferences involving legaldiscussion are parts of non-litigation practice – Regulatorymechanism for conduct of advocates applies to non-litigation workalso – As per the Act, advocates enrolled with the Bar Council aloneare entitled to practice law – Foreign law firms/companies or foreignlawyers cannot practice profession of law in India either in thelitigation or in non-litigation side – Visit of any foreign lawyer onfly in and fly out basis may amount to practice of law if it is onregular basis – A casual visit for giving advice may not be coveredby the expression ‘practice’ – Whether a particular visit is casualor frequent so as to amount to practice is a question of fact to bedetermined from situation to situation – It is not correct that the Actapplies only if a person is practicing Indian law – A foreign lawyeris not entitled even to practice foreign law in India without subjectinghimself to the regulatory mechanism of the Bar Council of IndiaRules – Advocates Act equally deals with companies or firm andindividuals – Bar Council of India Rules,1975.ss. 32 and 33 – Foreign law firms/lawyers – Permissibility toconduct arbitration proceedings – In respect of disputes arisingout of a contract relating to international commercial arbitration –Held: There is no absolute right of foreign lawyer to conduct sucharbitration proceedings – However, they may not be debarred fromconducting such arbitration proceedings in view of ss. 32 and 33, if the Rules of Institutional Arbitration apply or the matter is coveredby the provisions of Arbitration Act – But they will be governed byCode of Conduct applicable to legal profession in India – CentralGovernment or Bar Council of India is at liberty to frame rules inthis regard.Applicability of the Act – To the customised and integratedservice provided by Business Process Outsourcing (BPO) Companies– Held: If such services in pith and substance amount to practice oflaw, the Act would be applicable – The manner in which they arestyled may not be conclusive. |
Judge | Hon'ble Mr. Justice Adarsh Kumar Goel |
Neutral Citation | 2018 INSC 235 |
Petitioner | Bar Council Of India |
Respondent | A.k. Balalji And Ors. |
SCR | [2018] 3 S.C.R. 229 |
Judgement Date | 2018-03-13 |
Case Number | 7875 |
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