Daily Legal Updates for Law Exams: 16th July 2020

By Aman Prakash|Updated : July 16th, 2020

1. Bombay HC dismisses plea to exempt Lawyers from COVID-19 Lockdown, says it's for State to decide if Lawyers provide "Essential Services"

  • The Bombay High Court recently dismissed a plea urging for directions so that lawyers and their staff be exempted from COVID-19 lockdown restrictions for the purpose of court work.

  • The Court further elaborated

"In our considered view, no mandatory directions, much fewer directions, can be issued to the State Legislature to include the legal services rendered by the advocates into 'essential service'. The directions as sought by the Petitioner cannot be issued to the State Legislature to legislate in a particular manner, and it is for the State Legislature to take an appropriate decision."

  • On a related note, on July 7 another Bench of the High Court issued a notice in a plea seeking a declaration of legal services as essential for the purpose of travel in Mumbai local trains that are allowed to run for the commute of essential services workers amid the COVID-19 pandemic. This petition is due to be taken up next on July 21.

Note:

  • The Bombay High Court is one of the oldest High Courts of India. 

  • It is located in Mumbai, Maharashtra.

  • Its jurisdiction covers the states of Maharashtra and Goa and the Union Territory of Dadra and Nagar Haveli and Daman and Diu.

  • The High Court has regional branches at Nagpur and Aurangabad in Maharashtra and Panaji, the capital of Goa.

  • Current Chief Justice: Justice Bhushan P Dharmadhikari

Source: Bar and Bench

2. PIL moved before Delhi High Court to protect Attorney-Client privilege during virtual meetings amid COVID-19

  • The PIL has been preferred by Advocate Akhil Hasija who fears the risk of video conferencing platforms being hacked for the purpose of recording conversations with clients, thus breaching the privacy of the parties.

"..this virtual method is open to cyber hacking of the conversation via cloud services or unauthorized recordings indirectly destroying the sole intent of Section 126 of the Indian Evidence Act, 1872, which protects the privacy and communication between the Attorney and the Client.", the petition states.

  • It is pointed out that the Bar Council of India Rules' Rule 17 prohibits an attorney from breaching the obligations imposed by Section 126 of Indian Evidence Act, 1982. However, while resorting to meetings or conferencing with clients virtually, advocates always face the risk of an indirect breach of these obligations.

Note:

  • The High Court of Delhi was established on 31 October 1966.

  • The High Court of Delhi was established with four judges. They were Chief Justice K. S. Hegde, Justice I. D. Dua, Justice H. R. Khanna and Justice S. K. Kapur. Presently, the High Court has a sanctioned strength of 45 permanent judges and 15 additional judges.

  • Current Chief Justice -  Dhirubhai Naranbhai Patel.

Source: Live Law

3. Supreme Court Collegium approves appointment of Addl Judges as Permanent Judges at Calcutta, Himachal Pradesh, and Punjab & Haryana High Courts

  • The Supreme Court Collegium has approved the appointment of Additional Judges as Permanent Judges at the High Courts of Calcutta, Himachal Pradesh, and Punjab & Haryana.

  • In the statements released by the Supreme Court Collegium to this effect, one Additional Judge each from the Calcutta and Himachal Pradesh High Courts has been recommended for appointment as a Permanent Judge.

  • Justice Jyotsna Rewal Dua has been approved for appointment as a Permanent Judge at the Himachal Pradesh High Court, while Justice Abhijit Gangopadhyay has been recommended as a Permanent Judge at the Calcutta High Court.

Source: Bar and Bench

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