Chatter #12: Essential Legal Bytes (Exemplary Contempt, Twitter Rights, Gendered Terms, Foreign Bar members, Judicial Overreach)

Bring five legal byes this week - Exemplary Contempt punishment, Twitter's Rights, Gendered Terms glossary, Foreign Bar members, more Judicial Overreach

Chatter #12: Essential Legal Bytes (Exemplary Contempt, Twitter Rights, Gendered Terms, Foreign Bar members, Judicial Overreach)
Photo by K. Mitch Hodge / Unsplash
It’s fun to imagine the layered stories and the people behind them that these promotional flyers represent.
Photo by Alice Donovan Rouse / Unsplash
“Youth is happy because it has the capacity to see beauty. Anyone who keeps the ability to see beauty never grows old.” ― Franz Kafka

1. Exemplary Contempt of Court Punishment

The Delhi High Court has sentenced a lawyer to six months of simple imprisonment for being guilty of contempt of court.  This was to give an exemplary punishment to a member of the legal profession.

The lawyer did not comply with judicial orders to pay use and occupation charges to the landlord for a property located in the Kingsway Camp area. Justice Manmeet Pritam Arora also imposed a fine of Rs. 2,000 on the lawyer, noting that this is a case where leniency shown by the court may be seen as weakness.

Delhi High Court sentences lawyer to six months of imprisonment for contempt of Court - India Legal
Want create site? Find Free WordPress Themes and plugins.The Delhi High Court has sentenced a lawyer to six months of simple imprisonment for being guilty of contempt of court. The lawyer had not complied with the judicial orders that directed him to pay the use and occupation charges to the landlor…

2. Twitter and Fundamental Rights

According to Additional Solicitor General R Sanakaranarayanan, who was arguing for the central government in the account blocking case, Twitter is a foreign entity and is therefore not entitled to fundamental rights in India. The counsel also stated that the platform does not have any legal recourse against the government's decision to block certain Twitter accounts, and cannot rely on Article 19(a) of the Constitution, which guarantees freedom of speech to citizens.

Twitter As A Foreign Entity Cannot Claim Fundamental Rights, Government Says
The platform does not have legal remedy against the government’s decision to block certain Twitter accounts.

3. Appropriate Gendered Terms

In a welcome move, which if it remains confined to well meaning things like this it will be good, the Chief Justice of India has started an exercise create a legal glossary of inappropriate gendered terms used in legal discourse.

The Chief Justice of India (CJI) D.Y. Chandrachud plans to release a legal glossary of inappropriate gendered terms used in legal discourse. This glossary aims to highlight why and how women were discriminated against not only in society and the legal profession, but also in the language used in legal matters. CJI cited some judgments where a woman was referred to as a "concubine" even when she was in a relationship. In verdicts where there were applications for quashing of FIRs under the Domestic Violence Act and Section 498A of the Indian Penal Code, women have been called thieves.

Plans afoot to bring out glossary of inappropriate gender terms used in legal discourse: CJI Chandrachud - India Legal
Want create site? Find Free WordPress Themes and plugins.Chief Justice of India (CJI) D.Y. Chandrachud has said that plans were underway to release a legal glossary of inappropriate gendered terms used in legal discourse, which would shed light on why and how women were discriminated against not jus…

4. Foreign Lawyers can be part of Bar Council of India

India is moving ahead wth the plan to be the International arbitration hub.

The Bar Council of India (BCI) has announced that foreign law firms and lawyers are now permitted to practice law in India. In accordance with the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India (2022), foreign lawyers and law firms will be able to practice international law and international arbitration in India. The BCI has stated that these rules are designed to promote the principle of reciprocity in a regulated and controlled manner.

Bar Council of India allows entry of Foreign Lawyers and Foreign Law Firms
The Bar Council of India (BCI) has allowed to open up law practice in India to foreign lawyers, foreign law firms. The

5. Yet another judicial overreach

In yet another incursion into the executive domain, the Supreme Court of India has questioned the actions of the Governor of Maharashtra.

The Supreme Court made strong observations on Governor Bhagat Singh Koshyari's role in the Maharashtra vote that unseated the Uddhav Thackeray-led government last year. According to the court, a Governor should exercise power cautiously and be aware that calling for a trust vote could bring down the government, as it did in this case. The court emphasized that calling for a trust vote solely on grounds of differences within a ruling party can topple an elected government.

“Governor Can’t Be Oblivious...”: Supreme Court’s Big Remark In Sena Case
A Governor must exercise power cautiously and be aware that calling for a trust vote could bring down the government, the Supreme Court said on Wednesday in sharp remarks while hearing a case on the Shiv Sena coup.

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