Advocate Should Possess Up-to-Date Knowledge of Law and Should Not Cite any Decision Which is No Longer a Good Law: Bombay HC
Contents News/Article Date: 30th November 2023
Relating to which Act: The Indian Constitution grants the Central and state governments the powers to enact laws to protect the employees and foster a professional work environment. Based on the industry, nature of the work, number of employees in the company, location, and more, there are various legislations like the Industrial Disputes Act 1947 (ID Act), Factories Act 1948 (Factories Act), and Shops and Establishment Acts in relevant states (S&E Act).
Applicable to which State: Acts and Rules are applicable to all States
Pertains to: Establishments and Employees in all types of Organizations running businesses for profit or non profit
Relevance of this news : Karma Management Global Consulting Solutions Pvt. Ltd. one of the top 5 labour law consulting firms in the country, has recently hit upon yet another significant milestone in the journey of tying up SUNDEEP PURI ASSOCIATES AND ADVOCATE, where both these Firms have formally joined hands together to collaborate and create a bigger alliance by scaling up its business on Pan India basis and Internationally to give greater reach of its services together, to its hundreds of clients all over.
Sundeep Puri & Associates (SD Puri& Co.) with 55+ years of existence and helmed by Adv Sundeep Puri & Adv Ravi Paranjpe is one of the largest retainer firms in India specializing in “Employment Laws” advising Corporate Sector. The Firm boasts of some clients being associated since the last 55+ years and majority since last 30-40 years. They have extensive experience in counselling Foreign MNCs and Indian MNC Clients having multi-locational Factories &/or Offices Pan-India on a daily basis on a wide range of “Employment & Labour” issues, keeping in view the cultural diversity of the workforce such as Acquisitions, Mergers, Consolidations, Reductions in work force, Maintaining union free environment by not undermining the principles of collective bargaining & also preserving operational flexibility in unionized settings, providing tailor made models for conflict free productivity that is conducive Industrial Environment, as also in respect to applicability of the various labour laws. They believe in Solution oriented Practical Advice backed by Law.
On the other hand, Karma Management Global Consulting Solutions Pvt. Ltd. since 2004 is backed by 25 years of prior experience since 1979 , operating on Pan India basis and Internationally in Americas and EMEA, helmed by Pratik Vaidya , is a leading giant in payroll management, compliance and governance, human resource services, professional employment staffing and on boarding, recruitment and talent acquisition, advisory and consultations thereby offering a plethora of services with quick turn-around solutions including in-house flagship AI/ML based tech solutions so as to help organizations of different types and stature to perform better in Human Resource ensuring Risk Management, Compliance and Governance across Environmental, Social and Corporate laws and grow bigger.
And in this instance: Vishwas vs Maharashtra that the advocate should possess up-to-date knowledge of law and should not cite any decision which is no longer a good law.
While expecting the advocates to keep themselves abreast with the latest up-to-date knowledge of law, the Aurangabad Bench of the Bombay High Court in a most learned, laudable, logical, landmark and latest judgment titled Vishwas vs The State of Maharashtra in Criminal Appeal No. 844 of 2018 and cited in Neutral Citation No. : 2023:BHC-AUG:24948-DB that was finally pronounced on November 7, 2023 has minced just no words to held in no uncertain terms that the advocate should possess up-to-date knowledge of law and should not cite any decision which is no longer a good law.
Subject: Advocate Should Possess Up-to-Date Knowledge of Law and Should Not Cite any Decision Which is No Longer a Good Law: Bombay HC
Appended is the complete news item
Advocate Should Possess Up-to-Date Knowledge of Law and Should Not Cite any Decision Which is No Longer a Good Law: Bombay HC
Recently, the Bombay High Court ruled that the Advocate should possess up-to-date knowledge of law and should not cite any decision which is no longer
The bench of Justices Vibha Kankanwadi and Abhay S. Waghwase was dealing with the appeal challenging the order passed by the Additional Sessions Judge where the appellant was convicted for the offence under Section 302 of the Indian Penal Code.
In this case, the accused committed the murder of his own daughter Deepali by strangulation.
Nonetheless, Karma Global handles a lot of court cases relating to labour laws where establishments are caught unaware for violations of various acts and rules across the States. In this instance, Karma Global has a stream of learned and knowledgeable Advocates on its panel to deal with any such HR & Labour law cases and are competent to seek the right judgements for its clients by way of rectifying the shortcomings.
A plethora of labour laws have been established to ensure elevated health, safety, and welfare of workers; to protect workers against oppressive terms as individual worker is economically weak and has little bargaining power; to encourage and facilitate the workers in the organization; to deal with industrial disputes; to enforce social insurance and labour welfare schemes and alike.