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Showing posts with the label Legal Profession

Calling Failed Relationships Rape Trivialises the Offence: Supreme Court

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The Supreme Court of India has reiterated an important legal and societal principle: not every failed or emotionally strained relationship can be criminalised as rape . In a significant judgment, a bench of Justices BV Nagarathna and R. Mahadevan quashed an FIR and charge sheet accusing a Maharashtra-based lawyer of rape and criminal intimidation, holding that the case involved a consensual long-term relationship which later turned bitter. This article examines the factual background, the Court’s reasoning, the legal provisions involved, and the judicial precedents that shaped this landmark ruling. Factual Background of the Case A woman had initially approached the lawyer for assistance in a maintenance case. Over time, the two entered into a long-term intimate relationship spanning nearly three years. The relationship later deteriorated. Subsequently, the woman filed an FIR alleging: Rape under Section 376 IPC Repeated rape under Section 376(2)(n) IPC Criminal intimid...

Nationwide Verification of Advocates: BCI’s Decisive Stand Against Fake Degrees

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Nationwide Verification of Advocates: BCI’s Decisive Stand Against Fake Degrees The Bar Council of India (BCI) has launched a comprehensive nationwide verification drive following alarming revelations about fake law degrees . This move comes as Chaudhary Charan Singh University, Meerut, identified 13 cases of fraudulent law degrees , triggering deeper investigations that suggest hundreds more instances across India. The verification drive aims to restore credibility, accountability, and professionalism in the legal fraternity by rooting out unqualified individuals who misuse the system. The Problem: A Threat to the Legal Profession The BCI’s investigations reveal: Systemic Fraud : Several hundred fraudulent enrollments, especially in Delhi. Fake Qualifications : Thousands of advocates across India have reportedly enrolled using forged degrees or certificates . Unethical Educational Institutions : Certain universities, including Chaudhary Charan Singh University, have issued ...

Supreme Court Upholds Exclusion of Advocates from Consumer Protection Act

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Supreme Court Upholds Exclusion of Advocates from Consumer Protection Act In a significant ruling, the Supreme Court of India declared that complaints alleging "deficiency in service" against advocates would not be maintainable under the Consumer Protection Act (CP Act).  Unique Nature of Legal Profession Recognized The court emphasized the unique nature of the legal profession, stating that it cannot be equated with other professions and therefore falls outside the purview of consumer protection laws. Bench Sets Aside National Consumer Disputes Redressal Commission Decision The bench of justices, Bela M Trivedi and Pankaj Mithal, set aside a decision by the National Consumer Disputes Redressal Commission, highlighting the distinctive characteristics of legal services and the direct control exercised by clients over advocates' services. CP Act Intended to Protect Consumers from Unfair Practices The court's ruling emphasized that the CP Act, enacted to protect consumer...