Bar Council of India v. A.K.Balaji and others , AIR 2018 SC 1382

Advocates Act ( 25 of 1961)

S. 29: Practice of law – Foreign law firms and foreign lawyers cannot set up offices and practice in India , however they can give advice to Indian clients on ‘fly in and fly out’ mode on temporary basis . [ S. 24(1)(a), 47 (2) ]

Dealing with the PIL petition the Court held that , Foreign law firms and foreign lawyers cannot set up offices and practice in India , however they can give advice to Indian clients on ‘fly in and fly out’ mode on temporary basis .As regards Arbitration proceedings if provisions of Act of 1996 are applicable , foreign lawyers may not be debarred from conducting arbitration proceedings in view of S .32, 33 of Act of 1961 , however, the Bar Council of India and Central Govt are liberty to make rules in this regard .BPO companies , providing range of customized and integrated services and functions may not violate provision of Act of 1961 , only if activities in pith and substance do not amount to practice of law .If their services do not directly or indirectly amount to practice of law , Act of 1961 may not apply. Mere label of such services cannot be treated as conclusive .If in pith and substance services amount to practice of law , provisions of Act 1961 will apply and foreign law firms or foreign lawyers will not be allowed to do so. This matter which may have to be dealt with on case to case basis having regard to .