The Bench and the Bar - Legally India - News for Lawyers
The course aims at meding sour Bar-Bench Relationships in Sharia Courts. Copyright: Meaning of Bar and Bench Who is a Lawyer and what he does a) .. INDIAN CONSTITUTION, UDHR, ICCPR AND ICESCR: ON FOR HUMAN RIGHTS. Details: Category: Bar, Bench & Litigation: 08 October The next and thirteenth All India Bar Exam (AIBE) is scheduled to be conducted. Advocates are enrolled by the State Bar Council as such, on getting L.L.B degree from a University and getting a certain training under some advocate as.
Till the lawyer is presenting his case in an orderly way, there should be patient hearing and co-operation from the side of the judge, as otherwise it would lead to miscarriage of justice. These principles of law have not been affected by any of the provisions of the Contempt of Courts Act, The facts of these two cases were almost similar; some expression used by the Magistrates were resented by the Advocates and those used by the Advocates were misunderstood and taken exception to by the Magistrates.
Administration of justice is a stream which has to be kept pure and clean.
It has to be kept unpolluted. Administration of justice is not something which concerns the Bench only. It concerns the Bar as well. The Bar is the principal ground for recruiting judges. No body should be able to raise a finger about the conduct of a lawyer. Actually judges and lawyers are complementary to each other.
The primary duty of the lawyer is to inform the court as to the law and facts of the case and to aid the court to do justice by arriving at the correct conclusions.
Good and strong advocacy by the counsel is necessary for the good administration of justice. Consequently, the counsel must have freedom to present his case fully and properly and should not be interrupted by the judges unless the interruption is necessary. Emperor, AIR Lahore 14, the Lahore High Court had held that "Without failing in respect to Bench, it is the duty of the members of the Bar to assert their just rights to be heard by the tribunal before which they are practising.
They should be fearless and independent in the discharge of their duties, and would be perfectly right in protesting against irregular procedure on the part of any judge; and if the advocate is improperly checked or found fault with, he should vindicate the independence of the Bar.
He would be perfectly justified in insisting on getting a proper hearing and he would be perfectly right to object to any interruption with the course of his argument such as to disturb him in doing his duty to his client.
Through the Bar Association the matter should be discussed with the judge in his chamber and shall request to avoid such misbehavior. Just like the Advocates are giving respect to the Judges the Judges should also give respect to the Advocates and the brethren Judges.
Judges should hear the case with open and respective mind without any prejudice or bias. They should act only to the interest of justice.
The Bench and the Bar
They should give sufficient opportunity for the Advocates to present the case in full. Judges should act impartially. As far a possible, Judges must avoid interruptions while the Advocate is examining witnesses and arguing the case. Unwarranted interference and adverse comments by the Judges may upset the Advocates and thereby he may not be able to present the case properly.
Concept and role of Bar-Bench Relation with Reference to Administration of Justice - SRD Law Notes
Interference of a Judge may be limited to the following circumstances i to prevent repetition and waste of time ii to check the relevancy iii to get clarifications iv to express courts view on a point and v to promote speedy disposal of the case. During the process of administration of justice, often the courts have to interpret the Act, Rules, Codes, Regulations, Orders, Notifications, Circulars, Byelaws etc. In such cases proper interpretation should be given with the object of rendering complete justice to the parties.
Avoidance of Unreasonable Adjournments: Adjournments are given to afford reasonable opportunity to the parties to present the case. As far as possible cases shall not be adjourned without reasonable and sufficient grounds. Unreasonable adjournment is the main reason for the mounting arrears of cases causing hardship to the parties.India Legal debate show on relationship between ‘Bar & Bench’
When preference is given for disposal of old cases, new cases should not get into arrears. They should not ask any Advocate to leave the court, without sufficient reasons.
Similarly, they should not ask any Advocate not to come to his court hereafter.
Judges should possess deep knowledge in law. They should have the ability to apply the proper law to the disputed facts and to take the right decision. Judges have the primary responsibility to protect and preserve the independence of judiciary. A Judge should be honest and morally upright.
He should have personal and intellectual integrity. His character and conduct should be praise worthy. It means regular and systematic hard work and study. A Judge should get acquainted with the latest developments and changes in the law by regular updating of the knowledge. Meeting of Judges and Lawyers: To strengthen Bar-Bench relation, at regular intervals meeting of judges and the Advocates shall be arranged. In such meetings the respective sides difficulties can be discussed and the differences can be sorted out.
Duty to the Court Rule In the administration of the justice, the role of the advocate is to help the court to take a right decision in the dispute. An Advocate shall show the due respect to the court and shall never act in any manner to undermine the confidence in the judiciary.
He shall not exert or attempt to exert any personal influence on the decision of the court, nor shall give any impression that he possesses personal influence with the judge before whom he normally practices.
He shall be always punctual in attending courts in the prescribed dress. He shall be fair and frank in the court proceedings. He shall not include any fact which he knows to be false in the pleadings, petitions or affidavits. He shall not ask for any adjournment of a case without genuine reasons.
He shall not communicate privately with the judges to influence them relating to any pending case. He shall not speak ill of judges or use abusive remarks about them. According to Justice C. Anand, there is no office in the State of such power as that of the Judge. Judges hold power which is immensely greater than that of any other functionary.
A strong powerful, impartial active and the capable judiciary is the greatest need of a State. Like Judges, Advocates also plays important role in the administration of Justice. Advocates are officers of the Court, they are expected to assist the Court in the Administration of Justice.
Advocates collect materials relating to the case and thereby assist the Court in arriving at a conclusion correct judgment. An advocate is a partner with the judiciary in the administration of Justice.