SC upholds barring of foreign law firms from practicing in India

SC upholds barring of foreign law firms from practicing in India

"We hold that the expression "fly in and fly out" will only cover a casual visit not amounting to "practice".

The Supreme Court made certain modifications to the high court judgements, making allowances for foreign law firms to offer legal advice on foreign laws, but only on a temporary "fly in and fly out" basis.

The Supreme Court on Tuesday barred foreign law firms/companies or foreign lawyers from practising legal profession in India either in the litigation or in non-litigation (rendering legal advice) side.

The court also said that foreign lawyers can not be debarred completely from coming to India to conduct arbitration proceedings in disputes arising out of a contract relating to global commercial arbitration, if rules of arbitration permit such appearance.

Ashwini Kumar Upadhyay has filed a petition praying that legislators be debarred from practicing as Advocates (for the period during which they are Members of Parliament or State Assembly), in spirit of Part-VI of the Bar Council of India Rules. The judgment of the Madras High Court in Balaji had held that foreign lawyers were allowed to advise clients in India on a "fly in fly out" basis. Conversely, the plea that a foreign lawyer is entitled to practice foreign law in India without subjecting himself to the regulatory mechanism of the Bar Council of India Rules can also be not accepted.

More news: Malcolm Butler expected to sign with Titans

It, however, said that foreign lawyers may not be debarred from conducting arbitration proceedings arising out of global commercial arbitration in view of the provisions of the Advocates Act.

Modifying the High Court order, the top court said: "We hold that mere label of such services can not be treated as conclusive".

Uday S Ahlawat, partner, Ahlawat & Associates, said, "The judgment doesn't really change anything, unlike the view taken by the courts on "multinational accounting firms" which are prevalent in India, there aren't many foreign law firms practising in India".

"Visit of any foreign lawyer on fly-in-and-fly-out basis may amount to practice of law if it is on regular basis".

The ruling came from a bench of Justices A K Goel and U U Lalit which heard a batch of appeals against orders of the Bombay and Madras High Courts.

Related News:

  • James O'Brien Was Shocked By This Call On Child Exploitation

    James O'Brien Was Shocked By This Call On Child Exploitation

    In the 14-year-old's case, those who were supposed to help her essentially threw her back into the hands of her torturers. The probe found that two predatory pedophiles began targeting girls from a local children's home in 1981.
    Tennis, Indian Wells Masters

    Tennis, Indian Wells Masters

    Djokovic scrambled to win the second set but looked rusty on stadium court, making 62 unforced errors compared to 29 for Daniel. The win sets up a third round showdown with Spaniard David Ferrer who defeated Tennys Sandgren of the USA 6-2, 7-6 (7/3).
    Amazon recalls six AmazonBasics power banks over fire concerns

    Amazon recalls six AmazonBasics power banks over fire concerns

    Amazon has received more than 50 reports of the power banks overheating in the USA , causing chemical burns and property damage. Fortunately, there are about a million more power banks on Amazon right now that won't catch fire.
  • Eagles release Brent Celek after 11 seasons

    Eagles release Brent Celek after 11 seasons

    He finished out his long and successful run with 398 catches for 4,998 yards, and 31 touchdowns. Last season, Johnson was named to the Pro Bowl and first-team All-Pro.
    Sealing: BJP-AAP colluding with each other, alleges Rahul Gandhi

    Sealing: BJP-AAP colluding with each other, alleges Rahul Gandhi

    Even though BJP was also invited to this all-party meeting, it boycotted it. After the meeting, Maken said the discussion was fruitful.
    Volkswagen Group Announces 9 New Electric Vehicles For 2018

    Volkswagen Group Announces 9 New Electric Vehicles For 2018

    Witter said that the group's financial position was solid, despite the challenge posed by expenditure on the diesel scandal. It doesn't mean that VW is going all-electric though.
  • CDC: Missing employee received early promotion

    CDC: Missing employee received early promotion

    Schuchat, now acting director of the CDC, issued a statement on March 12 about missing CDC employee Timothy Cunningham. His concerned parents found his wallet, auto and beloved pet all abandoned at Cunningham's Atlanta area home.
    Shoes on Capitol lawn honor kids killed in shootings since Sandy Hook

    Shoes on Capitol lawn honor kids killed in shootings since Sandy Hook

    The temporary memorial was on display from 8:30 a.m.to 2 p.m. on the southeast lawn of the U.S. That breaks down to 3.5 killings each and every day. "It could just light up the room".
    Gigi Hadid and Zayn Malik split

    Gigi Hadid and Zayn Malik split

    In an interview with Billboard last November, Malik, 25, opened up about balancing their relationship with busy schedules. Hadid also shared an announcement on Twitter following speculation of her split from the musician.
  • Nicolas Cage Is Finally Getting The Chance To Play Superman (Sort Of)

    Nicolas Cage Is Finally Getting The Chance To Play Superman (Sort Of)

    With a few madcap ideas and a song in their heart, the Teen Titans head to Tinsel Town, certain to pull off their dream. It's an inspired move, because Nick Cage was originally cast as Superman in the 90's for a failed Tim Burton project.
    Dog Dies After Airline Worker Has It Placed In Overhead Bin

    Dog Dies After Airline Worker Has It Placed In Overhead Bin

    In-cabin pets must travel in approved kennels that can fit completely under the seat, where the kennel must remain at all times. After the flight attendant asked her to move it above, the woman adamantly refused, communicating her dog was in the bag.
    Fmr. Cuomo Aide Joseph Percoco Found Guilty in Corruption Trial

    Fmr. Cuomo Aide Joseph Percoco Found Guilty in Corruption Trial

    He was convicted of two counts of conspiracy to commit honest services wire fraud and one count of soliciting bribes. Cuomo, in a statement, said he finds the verdict "personally painful" because he has known Percoco for a long time .


Most liked

Trump pushes for new 'space force'
"We should have a new force called the Space Force", Trump said to troops at Marine Corps Air Station Miramar in San Diego . Trump insinuated that the idea started off as joke, but that he might seriously be considering it.

Opposition Protests In Parliament Stall Proceedings For 7th Consecutive Day
If the government is trying to reach out to the opposition parties in any manner, they are neither talking about it nor is any move visible.

NCAA Tournament TruTV First Four Game
Adams is going to be worth the price of admission alone, and whoever wins that one is going to cause some problems for Florida. The UCLA men's basketball team has earned a No. 11 seed in the 68-team NCAA Tournament field, as announced Sunday afternoon.

Virginia's DeAndre Hunter will miss NCAA Tournament with broken wrist
He's expected to miss 10-to-12 weeks, but he should make a full recovery after having surgery, which is scheduled for Monday. The loss of Hunter is a crushing blow to a Virginia team in the midst of one of the best seasons in school history.

Muhammad Wilkerson signing 1-year deal with Packers
He can stop the run, rush the passer, and create interior pressure that wreaks havoc and opens opportunities for other players. Wilkerson, 28, dealt with ankle and shoulder injuries while managing just eight sacks over the last two reasons.

Klopp rues "clear penalty" not being given after Liverpool loss
Rashford was the local boy who had just scored a quite superb... " We have to defend these situations better ". Rashford has made 27 league appearances this season, coming off the bench 13 times.

Teddy Bridgewater signs with New York Jets
They still hold the No. 6 pick in the draft and could very well use it on a quarterback to sit behind McCown and Bridgewater. Plenty of teams will look to trade up for a quarterback, including the Buffalo Bills at 12 and the Arizona Cardinals at 15.

Stephen Curry to miss at least 4 more games with ankle injury
Thompson was under his scoring average (19.7 points per game entering the afternoon) in eight of the previous 10 contests. Without Curry, the Warriors have dropped two games in a row for just the second time this season.

Kim Kardashian West doesn't want more than four children
And I think it's important that in all couples, the mom gives the husband as much attention as the kids, ' she admitted of Kanye . If you want doughnuts and ice cream, go for it", she said . "I would recommend surrogacy for anybody", she proclaimed.

Bills Trade Glenn; move up in draft
The Bills had been looking to unload Glenn and the Bengals were in desperate need of an upgrade at the offensive tackle position. Glenn played just five games past year because of foot and ankle problems, so the Bills know how to play without him.

Death penalty to be sought for Nikolas Cruz
Cruz now " stands mute " before the charges, having withdrawn a written "not guilty" plea after being indicted by the grand jury. It was unclear whether Cruz would be present, a spokesman for the court told AFP.

Jaguars Fully Committing to Run Game With Andrew Norwell Signing
The Norwell signing comes as a bit of a surprise because the New York Giants were reportedly close to landing the top-rated guard. Third-year player Joshua Garnett missed all of last season with a knee injury and is an uncertain fit in Kyle Shanahan's offense.

Video shows US Marshal fatally shooting attacking defendant in courthouse
Angilau was one of 17 Tongan Crip members named in a 2010 indictment accused of assault, conspiracy, robbery and weapons offenses. The family had argued that Angilau was armed only with a pen, and the four shots fired constituted an excessive use of force.

Canada: Trump speaks to Trudeau over phone, stresses on fast NAFTA deal
Measures that have been put in place, he said, include tougher border controls to ensure proper monitoring of incoming products. ArcelorMittal Dofasco president Sean Donnelly said the industry is also anxious about Canada becoming a back door.

Former Minnesota Vikings QB Case Keenum to sign with Denver Broncos
This collection of draft picks would set the Broncos up nicely for both the 2018 and 2019 drafts. First, "missing out" on Cousins might be the biggest blessing in disguise for the Broncos.