RE: Blacklisting of Lexwiz on the ground of non-compliance with qualifying clauses
Date: November 26, 2013
Questions Presented:
1. Can Mr. Shukla approach the supreme court of Jalladpur and challenge the blacklisting of Lexwiz for violation of Art. 14 ?
2. Can he approach the High Court of Sardarpura for the same?
Short Answer:
There was violation of Article 14 within the meaning of principle of natural justice in the process of blacklisting as the client was neither served a notice nor given an opportunity to present his case before the board. He can approach the Supreme Court under article 32 and file a writ petition for the same. Ideally, he can also approach the High Court of Sardarpura under art. 226 .
Facts:
The Bar Council of Jalladpur, under the direction of Supreme Court set up an independent authority to conduct CLAT examination called Common Law Admission Authority (CLAA) by issuing a circular. According to the circular, CLAA had a Governing Body (GB) consisting of Vice chancellors of the 14 NLUs of Jalladpur one of which was Ms. Bholi Pujaaban of Patanjali Law University. The GB floated a tender notice inviting IT firms to set up protocols for examination procedures. The companies submitting the tender submitted an undertaking saying they will not lobby with CLAA or have pecuniary/ personal relationship with any of its members. Lexwiz, which scored the highest in the evaluation test by the technical sub-committee of the GB had Anil Shukla as its managing partner who had been a research assistant under Ms. Bholi Punjaaban as a student at Patanjali Law University. Though his position had no remuneration, all his expenses had been reimbursed during his tenure. In light of this fact, Lexwiz was blacklisted f...
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2. The court may consider the principle of violation of natural justice after taking into cognisance the fact that there might have been bias and may take the route taken in Eurasian and order that the client be given a chance of hearing as was held in Vilanganandan case which is the most probable course considering the loose standards of judgement of bias in English as well as Indian common law.
3. The court may declare there was misrepresentation on the part of the client and dismiss the petition to be non-maintainable.
However, keeping in mind the precedents, it may be said that an opportunity of hearing is most likely to be provided to the client as the blacklisting was done without conforming to the facet of audi altarem parti which prescribes that a person be given a notice and sufficient opportunity to represent himself before being blacklisted.
The concurring opinion was given by Justice Blackmun. He agreed with the majority opinion that the exclusionary rule is valid as long as the officer and magistrate act in ?good faith?, but he wanted to stress that it is not a rule to take lightly, that it may change with how cases such as this are handled in the future. (United States v. Leon ,
Recommendations: It is recommended that our law office regretfully deny service to Ms. Carry based upon the precedent in Kentucky. Based upon the analysis the issue, it is apparent that Ms. Carry would not receive a promising conclusion to her situation. Due to the facts involved and the cases discussed (which are somewhat on point) Ms. Carry does not make a claim in which relief can be granted.
According to the Legal Aid Society (2016), a fair hearing
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Court will be announced. I believe that the case should be held at a later date
... decision also brings suspiscion about whether or not if things go south is he going to take any accountability. In conclusion, this case truly represents the use of unauthorized practice of law.
first look at the validity of the court and of the entity of authority itself.
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... In other words, he should resign for the whole incident. Generally speaking, the legal system didnt play a very active role in this case. First of all, the Indian government could do more on digging the truth of the gas leak out and set a more strict standard to regulate such dangerous plants in case of another crisis. Second, I didnt see anyone who worked at the Union Carbides Bhopal plant should be responsible for that tragedy.
all judiciary cases in which any fact is involved,) or may they act by representatives, freely and
ACLU Press Release: 07-18-02—ACLU Challenges Arizona Law That Censors Anti-Death Penalty Web. 18 July 2002. 19 Sept. 2002 .