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Hamlet-a great play by Shakespeare.The critical essay is written for M.A. English students and generally for literature lovers.
IN THE SUPREMECOURT OF INDIA CIVIL APPELLATEJURISDICTION I.A. NO.
OF 2015 IN
SPECIAL LEAVE PETITION (CIVIL) NO.
IN THE MATTER OF: Global Indian Lawyers
Bar Council of India & Ors
FOR CONDONATION OF DELAY IN FILING SPECIAL LEAVE PETITION
To Hon'ble the Chief Justice of India and his companion judges of the Supreme Court of India. The humble application of the above named Petitioner
MOST RESPECTFULLY SHOWETH:1. The Petitioner seeks leave to assail the impugned Judqrnent and final order dated 16 December 2009 passed by the Hon'ble High Court of Judicature at Bombay in Writ Petition (C) No. 1526 of 1995 by way of a Special Leave Petition under Article 136 of the Constitution of India. The Petitioner is aggrieved by the impugned order whereunder the Hon'ble
profession of law in India, a foreign
held that law firm
has to fulfill the
qualification of being enrolled as advocates under the Advocates Act, 1961.
2. The Petitioner seeks permission of this Hon'ble Court to read and rely upon the contents of the Special Leave Petition and that the same are not repeated herein for sake of brevity.
3. The Petitioner seeks permission to assail the impugned judgment and order of the Hon'ble High Court of Bombay in as much as the Petitioner is aggrieved by the findings of the impugned judgment which erroneously places a qualification on foreign firms to register as advocates under the Advocates Act, when there is the no such restriction under the Advocates Act or under the Bar Council of India Rules (the "BCI
Rules") to prohibit a foreign law firm from
establishing an office in India. 4. Leave is sought to challenge the judgment and final order dated 16 December, 2009 passed by the Hon'ble High Court of Judicature at Bombay on the grounds that the impugned judgment is premises on an incorrect reading of the concept of a law firm. 5. It is submitted that immediately after passing of the impugned order, there was another writ petition of similar nature, raising the same substantial questions of law being filed before the Hon'ble High Court of Madras by way of W.P. No. 5614/2010. That the said writ petition came to be dismissed vide order dated 21/02/2012, which came to be challenged by way of a Special Leave Petition before this Hon'ble Court bearing SLP (C) No. 17150-54 of 2012. That the Hon'ble Supreme Court was pleased to issue notice in the said matter on 04/07/2012. 6. As matters stood thus, the Petitioner Society was formed with an objective of enabling the Internationalization of the Legal Profession for Indian Lawyers. It was decided that one of the means to attain the afore-said objective would be to intervene in the matter pending before the Hon'ble Supreme Court titled as 'Bar Council of India v. A.K. Balaji & Ors'. It is at this stage that the Petitioner Society noticed that there were some diametrically opposite findings in the judgment of the Hon'ble High Court of Madras as opposed to the impugned judgment and that the said two High Courts have not considered some substantial questions of law involving the larger interest of the Indian legal profession. In particular, it was noted that Courts have not delved upon the requirements under the Advocates Act and the
BCI Rules for registration of lawyers based upon the demarcation of the practice of the profession of law into the practice of Indian law and the practice of foreign law as also not delved into the possibility of whether a foreign law firm could have Indian qualified lawyers join the firm and practice Indian law, whereas the foreign lawyers could practice only foreign law. 7. It is on account of the afore-mentioned substantial questions of law having not been considered by either of the two High Courts, that the Petitioner Society vide its Resolution dated 2.0(~ resolved to prefer a special leave petition to challenge the impugned judgment with a view to urge certain additional issues with respect to the issue of entry of foreign law firms in India, which have not been adhered to or considered by either of the two High Courts in their judgments aforementioned.
8. It is on this account that certain delay of • days has occurred in preferring this present Petition. It is submitted that the delay so occasioned is neither on account of any willful conduct of the Petitioner, nor due to reasons within its control. That if the present application is not allowed, grave prejudice will be caused to the Petitioner.
The Petitioner therefore, most respectfully pray: PRAYER In the premises the petitioner humbly prays that this Hon'ble Court may graciously be pleasedto:
(a) Condone the delay of
days in preferring the present
Special Leave Petition against impugned judgment and order dated 16 December 2009 passed by the Hon'ble High Court of Judicature at Bombay in Writ Petition (C) No. 1526 of 1995; and/or
J9(b) pass such other and further order/s as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.
AND FOR THIS ACT OF KINDNESS THE PETITIONER DUTY BOUND SHALL EVER PRAY.
VIKASH SINGH Advocate for the Petitioner New Delhi Dated: 16 --0 ~ - ?. 0 If"'