Bar & Bench News Network
The All India Bar Examination (AIBE) continues to court controversy, this time with regard to the declaration of results.
Law graduates who wrote the third AIBE, held on January 8, 2012 will have to wait a little longer for the results of the examination.
Although the results were to be released by the end of January 2012, the results cannot be declared due to an injunction granted by a single-judge bench of the Calcutta High Court.
As per a report published in the Indian Express, on December 23, 2011 Justice J.K. Biswas of the Calcutta High Court had directed the Bar Council of India (BCI) not to publish the results of the AIBE. The directions were passed in a writ petition filed by law graduate Debark Mallick questioning the BCI's decision to hold the AIBE.
The BCI has chosen to approach the Supreme Court against the decision of the Calcutta High Court. Speaking to Bar & Bench, BCI secretary, said that, “.....results could not be declared because of the directions of Calcutta High Court. BCI has filed a SLP and the matter is yet to be listed.”
The Advocate-on-Record for the matter, A.K. Prasad told Bar & Bench that although “..the SLP has been filed, it has not yet been numbered. We are seeking a stay on the ground that the matter is already sub judice and is being considered by the Supreme Court in the BCI v. Bonnie Foi Law College case; wherein a High Level Committee was constituted and the All India Bar Exam was given a go ahead by the Apex Court.”
As the controversies connected to the AIBE continue to grow, those who took the exam can do little else but wait and watch.
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- 1. "There is a lot of confusion regarding AIBE exams. First they introduced the exam which is against the provision of Advocate Act. Then a lot of writ petitions were filed in various courts. Courts did not decided the issue till date. BCI continued to hold the exams. Till date everyone is confused. What is happening in the system.Hope all will well with Law students.". Jai Deva, CHANDIGARH
- 2. "This is really ridiculous that the students are not able know their Results. So now the question comes when will they declare the results, when will they issue Certificate of Practice, would there be still be AIBE in future, etc. At the end of this it is the students who has to suffer. ". Ajay,
- 3. "I do not understand how the stay on declaration of result will help to decide the fate of the exam which has been conducted.It will only add to the misery of thousands of candidates who have written this exam.The decision can still be taken if the result is declared.Has the court stayed the validity of certificate of practice already issued by the BCI to the canditates of previously conducted exams in mar 2011 and july 2011?". Inder Chowdhary, Ambala
- 4. "This is ridiculous. It appears that this advocate failed in AIBE and went to Court. How can one incompetent advocate hold the rest of the advocate fraternity to ransom? And I am given to understand that BCI can publish the results provided it gets the High Court's permission (as per news item in The Hindustan Times). If that is so, what is stopping BCI from getting the permission of the Hon'ble Court and where is the need to file an SLP.". Santosh Hatwar, Bangalore
- 5. "This is STUPID FELLOW stuffs. BCI must be scraped. We are suffering and we are asking BCI. Why THIS AIBE, AIBE, ,,,,,,,,, ah DE". Venkatesh, Chennai
- 6. "Why is it that only Lawyer's be asked to take such an Exam after passing the Law Degree! Then so be the situation for Doctors who want to practice or for that matter, every Professional degree holder has to pass an Exam to start using the Degree! Ain't it ridiculous that BCI wants to teach the Lawyer's, instead of teaching themselves as to what is write and what is wrong?It is just one other way to make some money by conducting such Exams and wasting the valuable time of young Lawyers who instead could have helped in fighting cases and would have helped in clearing some of the old files which were hatched in the dusty cabins of the Indian Courts since long! Wake up India! wake up soon!". Saran G, Visakhapatnam
- 7. "we studends are suffering......and facing a big problem.......so we should be compensated". Anirban Pal, Kolkata
- 8. "Can Any one give me that SLP No. before Supreme Court so that can atleast can track the same. Jesus knows when it will be listed!!!!!!". D D , (Unknown City?)
- 9. "This Exam Means That the BCI have no Faith on Indian University's. ". Navneet SIngh, Ludhiana
- 10. "do something but announce the AIBE 2012 result as soon as possible all the are in a big confusion, so please give the result very soon. ". Sunny, (Unknown City?)HYDERABAD
- 11. "if there injuction was passed on dec23, than why was the exam held in 1st place on 8th of jan. it shouldn't have been held while matter was pending.". Jeevesh, (Unknown City?)
- 12. "Its aboslute stupdity. Who is responsible for this? What abt the damage suffered by students?". Narendra, Ratnagiri
- 13. "Its really a stupidity. This exam doesn't make any sense..and the question paper is a crap..no meaning in conducting this exam after enrollment..it sounds funny". Nishana Niaz, Kerala
- 14. "The only question today is when the hell is this SLP coming up before the SC?!!". Ajay,
- 15. "This exam means that BCI have no faith on the Indian universities/Colleges as well as themselves as the BCI grant the permission/affiliation to the colleges/universities to start the LLB degree ". Kuldeep, CHANDIGARH
- 16. "BCI dont have faith on unviersites which recognised by them i am not getting one thing what we do by going courts if dont have knowlege and no client will come to us y dis exam etc is to test ur knowledge y not other professions". Anu, Hyderbad
- 17. " atleast tell when is results are annouced and it is not annoucned plese bci is the responsible for the hole this act.". Arun Irani, Karnatak Davangere
- 18. "for those who wrote the exam in tamilnadu after protesting for the previous two exams it is really painful to accept the indifferent attitude of the bci.Here in tamilnadu we are planning for a strike against bci. All over india the law students must join in this protest. Either there should be aibe or it must be cancelled. ". Emmanuel, Chennai
- 19. "...............after all this drama,now plz can BCI tell me what can we do?????? Why u gave us our enrolment number?? What is the difference between a LAW Graduate and an Advocate?? ". Moni, (Unknown City?) ASSAM.
- 20. "the exam must be cancled mr.mallick has done a nice job by filing writ against the aibe exam and i support him fully. why this exam once we get the degree then again why this exam we cant understand if u think we are not capable of practicing beathout giving aibe exam then the fault is yours how you have given the affiliation to the colleges to run law colleges.you are giving enrollment no. and all such thing and then after u are saying to give exam doesnt give any conclusion . ". Atul, (Unknown City?)jharkhand
- 21. "BCI provision is totaly agains the constitunal law.fir college ki exam ka meaning kya?ye system hi galat he.sab law university bandh kro aur Bar college of india start kro.". Asif I Patel, Baroda.gujarat
- 22. "I couldnt understand the logic behind this AIBE exam. Its totally against Advocates Act 1961's provisions. In this act there are clear provision to be an advocate like to held degree of law and registration in any bar council. In such situation what superior authority the BCI has than a Act passed by parliament of India.Its really ridiculous friends, What about a doctor who cant prescribe any medicine for patient? What about a judge who cant make a Decision? What about a teacher who cant teach? And what about a lawyer who cant practice?Why state bar councils are registering candidates before AIBE exams?What a situations it is!! TODAY THERE IS NO LOGIC EVEN IN LAW FIELDS.". Sunil Paliwal, Jiasalmer
- 23. ""allredy we did not have any source of income after getting our degree from university by spending our 3 to4 year why cant you people allow us to practise directlly. by which not only we but also our family can servive smoothlly so please think about us god is great. thanks."". Dikholkar Vinayak M, (Unknown City?) Mumbai
- 24. "when result wil be announced how long we should wait when case wil be listed in supreme court this is totally unfair & not justice with the advocates who all attempted the AIBE 2012 exam.". SHANAZ BEGUM, HYDERABAD
- 25. "'AIBE is an insult to ADVOCATE ACT'". Gssodhi Zira, (zira Punjab]
- 26. "IN OUR SYSTEM - [****]". ADVOCATE, (Unknown City?)
- 27. "It is NOT understood what is happening. Further there is NO base for BCI to play all this gimmicks. BCI Itself is NOT particular about what is happening and what to do etc...IT is UN-FAIR to hold such a AIBE Test when the universities themselves has examined the potential of a Advocate and his/ her caliber and label their studies. Hon' able Supreme Court of India SHOULD SCRAP the AIBE immediately to un-veil the forth coming controversies in this noble profession and do needful". Majid Khan Mohammed, Secundrabad
- 28. "icouldnt undersand the logic behaind the aibe exam bci not faith indian universities/colleges why graint the bci law colleges ". Manmohan Saini, Rewari
- 29. "BCI must to be cancel the AIBE examination if conduct the exam before the Enrollment may conduct why after the enrollment it is unnecessary. we are practicing in all the courts and appear before the court also therefore kindly consider on behalf of all the enrolled advocates BCI should not conduct the exam after our enrollment ". R.Srinivasalu, (Unknown City?)chennai
- 30. "I am law graduate and I was got enrolled in 2010 in Bar Council of India at Hyderabad. Still i am waiting for 3rd AIBE results. Because of language problem i could able to under stand the twist in the examination. But i want to go for practice can i sign vakalatnama directly now? ". N. SRIDEVI , (Unknown City?) HYDERABAD
- 31. "AIBE examination should not be conducted.because i think to prove the elegiblity,proficiancy & efficiancy i think the law course examination is enough to prove all this stuff.by conducting this examination BCI is indirectly challenging the prestige & ability of various law schools n universities.". Faran Khatani, Bhopal
- 32. "stupid directions shows lack of clarity in the system. it shows senior lawyers dont want their juniors to grow. only god can save the status of law and its authority in our country. ". V Narayanan, Pondicherry
- 33. "Does anyone know what the update on this is? Has the matter finally been listed?". Lawstudent, (Unknown City)
- 34. "this exam is very useful for upcoming advocates AIBE exam this material book is also very good to prepare to practice but a normally living upcoming advocate cannot pay this fee if he fails this exam that person disappointed to attempt next repeat exam . My requesting is please cancel this AIBE exam please sir". King Advocate , (Unknown City?)
- 35. "AIBE result has been stayed by Cal High court on December 23, 2011 and Justice J.K. Biswas of the Calcutta High Court had directed the Bar Council of India (BCI) not to publish the results of the AIBE. The directions were passed in a writ petition filed by law graduate Debark Mallick questioning the BCI's decision to hold the AIBE. The BCI has chosen to approach the Supreme Court against the decision of the Calcutta High Court. Speaking to Bar & Bench, BCI secretary, said that, “.....results could not be declared because of the directions of Calcutta High Court. BCI has filed a SLP and the matter is yet to be listed.†But such students appeared in Exam AIBE 2012 held on 8-1-2012, can they file power of attorney (Vakalatnama) on behalf of their clients or not, plz tell me about this. Because if result will be declare later due to stay of Cal High court then great loss will be cause to the fresh lawyers". Sushil Garg Advocate, Malerkotla, District Sangrur (Punjab)
- 36. "Cancelled AIBE Exam:) not in useless exam. ". Venkat.T, Chennai
- 37. ""waiting for the AIBE 2012 result..." now sounds funny n boring.BCI must hv 2 declare result on time,delay in result creats great loss to the us,y v c't sign our powre of attorney,y v wait 4 d result,y v suffer from all this drama...BCI s playing vd our career. if d direction was passed on dec2011,dn y xam ws held...nly BCI is responsible 4 al dis....". Nidhi Chauhan,adv, Rohru,ShImla(HP)
- 38. "sir good morning the barcouncil of india examination may be cancelled immediately and the certificates should be issued to all those who have passed final year LL.B and got the certificate from the concerned universityand allow the advocates to continue practice.normally the students will undergo training with a senior lawyer and they will learn depending upon their capacity to understand the procedure,basically one should be very through the English language .so i am of the firm opinion that the examination may be cancelled and practice certificates may be issued to all without wasting time and money.now a days it is being informed that everybody should know law and follow and respect and practice it this is what aim of learning law.so please cancel the examination to avoid further filing of writ petitions in any high courts.i sincerely hope and trust BCI will act immediately and do the needful in the matter to reduce the mental tension of law students.". Bmkulkarni, (Unknown City) Po Gulbarga (Karnatak)
- 39. "bci is not a constitutional body where right to education and right to practice any profession is a fundamental right granted by constitution.do bci think that the framers of constitution dint know about the aibe?it is nothing but degrading the framers.ok any way dont try to drag it for longer dont kill the time of budding advocates.". Siva, Hyderabad
- 40. "bci is not a constitutional body where right to education and right to practice any profession is a fundamental right granted by constitution.do bci think that the framers of constitution dint know about the aibe?it is nothing but degrading the framers.ok any way dont try to drag it for longer dont kill the time budding advocates.". Siva, Hyderabad
- 41. "i am enrolled as a advocate at karnataka state bar council. state bar council all ready issued a enrollment certificate. now the BCI conducted aibe ofter the enrollment, not before enrollment whether it is right are not?. and according to advocates act if the law graduates once enrolled as advocate he is eligible to practice are not? whether it is violation of the advocates act are not? now it is violation of fundamental rights are not?. if aibe is passed bci giving the govt job? we are already learned the basic and we trained in moot court and we faced the interview conducted by the university and bar council also so it is valid r not? if the bar council wants to conduct the exam it may ofter the llb exam before the enrollment,now it is Arasing of law student by way of this exam". Prasannakumar, Mysore
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The Viewpoint: Indemnification Provisions - Is the fight on the indemnity clause worth the effort?
May 17, 2012 | Bar & Bench brings to you the twentieth article on 'The Viewpoint' series with its Knowledge Partner AZB & Partners. AZB Senior Associate Nandish Vyas and Associate Pranati Ishwar in this article seek to examine the context in which indemnification rights are relevant for acquisition transactions, and also seek to explore if there are areas where they are potentially not worth the comments (4)










