Justitia Legal Consultants

Justitia Legal Consultants A Group of Highly Qualified Legal Consultants in Lucknow.

Vaibhav Srivastava (Advocate)
Akshat Srivastava (Advocate)
Pradeep Dwivedi (Advocate)
Vinod Mishra (Advocate)

02/01/2016

Wish d whole family of JUSTITIA LEGAL CONSULTANTS LLP a very happy and prosperous New Year 2016.

10/11/2015

The logic underlying the Doctrine of Merger is that there cannot be more than one decree or operative order governing the same subject matter at a given point of time. When a decree or order passed by inferior court, tribunal or authority was subjected to a remedy available under the law before a superior forum then, though the decree or order under challenge continues to be effective and binding, nevertheless its finality is put in jeopardy. Once the superior court has disposed of the case before it either way - whether the decree or order under appeal is set aside or modified or simply confirmed, it is the decree or order of the superior court, tribunal or authority which is the final, binding and operative decree or order wherein merges the decree or order passed by the court, tribunal or the authority below. See [Kunhayammed v State of Kerala (2000) 6 SCC 359].

08/11/2015

A. Doctrine of Merger:-
The term “Doctrine of Merger” is neither a doctrine of constitutional law nor a doctrine of statutorily recognised. It is a common law doctrine founded on principles of propriety in the hierarchy of justice delivery system.
In M/s Gojer Brothers Pvt Ltd v Shri Ratanlal AIR 1974 SC 1380 the Hon’ble Supreme Court made it clear that so far as merger is concerned on principle there is no distinction between order of reversal or modification or an order of confirmation passed by the Appellate Authority. In all three cases the order passed by the lower authority shall merge in the order passed by the Appellate Authority whatsoever be its decision.

05/10/2015

Bar Council of India prohibits Advocates from addressing the Hon’ble Courts as “MY LORD” and “YOUR LORDSHIP”:

Bar Council of India by invoking its rule making powers under section 49 (i) (j) of the Advocate’s Act passed a resolution and amended the rules of the Bar Council with regard to the addressing of Judges in the Supreme Court, High Court and Sub-ordinates Court . The said resolution is circulated and intimated to all the Registrar’s of Supreme Court and High Court given below:-

Resolved that the following rule made under Section 49 (i) (j) of the Advocate’s Act 1961 be added as Chapter III A in part VI of the Bar Council of India Rules.

“Consistent with the obligation of the Bar to show a respectful attitude towards the Court and bearing in mind the dignity of Judicial office, the form of address to be adopted whether in the Supreme Court, High Court or Sub-ordinate Court should be as follow:-

“Your Honour” or “Honourable Court” in Supreme Court and High Court and in the Sub-ordinate Courts and Tribunals it is open to the Lawyers to address the Court respectfully as “Sir” or equivalent word.

EXPLANATION:- As the words “MY LORD” and “YOUR LORDSHIP” are relics of British Colonial post, it is proposed to incorporate the above rule showing respectful attitude to the Court”.

It is pertinent to note, when once a Rule is made and added to the Bar Council of India Rules and when the same is already circulated and intimated to all the Registrar’s of Supreme Court and High Court, it becomes mandatory on their part and on our part to strictly follow and implement the same.

Advocates are not allowed to openly violate the rules made by the Bar Council

The former Chief Justice of India Justice Y.K. Sabharwal has gone on record by saying as follows:-

“The Lord is only one and He is the GOD, above all of us. I am not GOD.
Judges are not GODS”.

Honourable Judge of Madras High Court, Justice K. Chandru had prohibited the Advocates from addressing the Court as “MY LORD” and “YOUR LORDSHIP” and the said Honourable Judge has put up a notice in the Court Hall which reads as follow : -

“Advocates are requested to desist from using Honorifics such as “MY LORD” and “YOUR LORDSHIP” while addressing this court by adhering to Rule No. 49 (i) (j) framed by Bar Council of India”.

Justice K. Chandru of the Madras High Court has also gone on record by saying to the lawyers to stop speaking in a fawning manner and further observed as follows:

“Make your humble submission before GOD: before me it is enough if you make simple submission”.

Two Honourable Judges of Delhi High Court namely Justice Dr. S. Muralidhar and Justice Ravindra Bhatt who in order to implement and follow the above Rule had directed the Registrars of Delhi High Court to make a note in the Daily Cause List of their respective Courts as follows:-

“Note: Advocates are requested to try and avoid addressing the judges as MY LORD and YOUR LORDSHIP”

22/11/2014

At Justitia Legal Consultants, we have a passion for our work, a strong bond with our colleagues and an unshakable dedication to our clients' interests. Our people have the ability to imagine, plan for and help our clients and one another to achieve the best result. And this is because we see opport...

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D/1/252, Sector/F, Jankipuram
Lucknow
226021.

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