Legal Education and its Challenges

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Chief Justice Burger in his address to the American College of Trial Lawyers in Columbia observed:

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“In some jurisdictions, up to half of the lawyers who appear in court are so poorly trained in that they are not properly performing their job and that their manners, their professional performance and their professional ethics offend a great many people. They are engaging in on the job training at the expense of their clients’ interest and the public.”

Chief Justice Burger’s comment would hold equally good in the context of legal profession and its education in India. It is very general knowledge that a large part of the two lakh graduates being added every year to the existing ten lakh advocates in the country, are absentee law students who pass out from about 500 law colleges/schools. Such advocates ultimately learn, if at all, at the cost of the poor clients and court time. No wonder then that this, in turn, leads to the dispute resolution machinery to be seen as a villain by the society at large whereas this should be avoided as far as possible.
This unfortunate and disturbing situation demands that we ponder as

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Privy Council An Overview

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INTRODUCTION

If we overview the history of Indian Legal System, it clearly reveals that the Indian Legal System is more or less based on the English Legal System. In fact, the systematic development of Indian judicial institutions, judicial principles, laws etc. has occurred during British regime itself. Besides this, the British regime in India has also developed a hierarchical judicial system in India. Accordingly, the highest judicial authority was conferred on a body of jurists, popularly called as ‘Privy Council’. It has played a significant role in shaping the present legal system in India. The same is discussed as under.

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Origin and establishment of Privy Council

As it is an accepted fact that, every political system develops for itself a certain sort of legislative, executive and the judicial machinery for its smooth working and administration. Establishment of Privy Council was with the same objective. The Privy Council was  the judicial body, which heard appeals from various courts of the British colonies including India.

The origin of Privy Council can be traced back to the Norman Period of English. At the beginning of 11th century,

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Understanding the Law of Sedition

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The Famous American Judge ,Justice Oliver Wendell Holmes had declared in 1929 that “If there is any principle of the Constitution that more imperatively calls for attachment than any other it is the principle of free thought — not free thought for those who agree with us but freedom for the thought we hate.” Our Constitution too accommodates a hateful thought under article 19 (1) (a) subject to the restrictions mentioned therein.  Sedition forms one such restriction. However the lack of understanding of the concept of sedition has several misgivings and has the tendency to color an expression of political dissent as sedition. This coloring is attributable to the definition of sedition under section 124A which makes any expression of disaffection towards existing government seditious . Therefore it becomes pertinent  to dispel the doubts about the situation under which  the law may become applicable  and procedural changes it requires in a developing democratic society to eliminate the fear of prosecution for smooth exercise of the free speech right.

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The offence of sedition in India

The first judicial interpretation of section 124A was rendered in the case of Queen Empress v Jogendra

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Motorcycle Wrecks and Personal Injury Attorneys

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Inattentive Turns and Motorcycle Accidents in Oklahoma

Riders of motorcycles involved in accidents often times suffer severe injuries or even die, this same fate often impacts impacts all the parties involved in the wreck.. There exist several explanations for why motorcycle wrecks happen in Tulsa, Okla. causing a great majority of persons to feel the motorcycle rider is normally the cause or otherwise at fault. A large portion of motorcycle accidents that involve at least one car and a motorcycle occur when a motorist is making a left-hand turn and collides with a motorcycle lawfully traveling in the adjacent lane, or passing through an intersection.

Injuries Caused by Oklahoma Motorcycle Accidents

When these dangerous accidents occur, those involved may be left with life-long injuries that require substantial and continuous medical care, or worse, death. In 2012, eighty-three (83) motorcyclists were killed as a result of motor vehicle accidents in Oklahoma. This accounted for 12.5% of all fatal crashes in Oklahoma that year. Some people may look at this and believe 83 isn’t are very large number, while others may believe this is an alarming statistic. Sometimes wrecks on motorcycles happen without being able to

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Understanding More About The No Win No Fee Compensation

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A society in which everything is commercialized is nothing better than rot. In fact, there is no better way to describe or explain corruption rather that the purchase of freedom, satisfaction and justice. In the recent past, “justice” was reserved for the wealthy. It is pitiable when a case comes with both parties having close to equal amounts of wealth. Seemingly, the justice would never be served. Fortunately, the no win no fee compensation has ensured that justice and fairness had its meaning restored. The sanity of our courts and their roles were equally reinstated.

The policy in 2013

17 years after individuals enjoyed the no win no fee compensation policy, it went through a couple of changes in 2013. Did the changes improve the policy to promote justice or did they come to deny justice from being served once more?

There was the thought of the no win no fee compensation culture becoming uncontrollable back in 2008. Statistics revealed the slow and steady rise in the number of claims being reported. The media played its part that reflected of a litigious society. Hence, several organizations and public bodies felt the threat of being

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Section 185 of the Companies Act, 2013 and its impact on lending transactions

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Section 185, effective from September 12, 2013 and Section 186, effective from April 1, 2014 are two provisions of the (“Act”) which have created much anxiety among the business community because of its direct impact on capability of the businesses to raise finance.

A bare reading of Section 185 of the Act, suggests that advancing of loans or giving of corporate guarantee or providing any security by any company (for the purposes of this article, the “Lending Company”) to a firm and/or body corporate with common management with such Lending Company is completely proscribed. Also prohibited are transactions where the Lending Company is advancing loans, providing security or guarantee to body corporate, the management of which is accustomed to act in accordance with the direction or instructions of the board of directors/or any director of such Lending Company. No guidance has been provided as to what constitutes “acting in accordance with the direction or instructions of the board of directors/or any director”. Furthermore, this provision has been made applicable both to the public and private companies and even the provision of undertaking such transactions with the approval of the Central Government (as under Section 295 of the

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A Quick Guide To Making PPI Claims

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Payment protection insurance (PPI)is a policy that plays a huge role of helping you to cover payments on loans and credit cards if you are unable to work through accident, sickness or unemployment.

If you feel that this insurance policy has been mis-sold to you, you should make a PPI claim. There are a number of reasons that can make you feel like you were mis-sold PPI. Some of the reasons that can make you feel that you have mis-sold PPI are:

• You were forced to take PPI by a pushy salesperson.

• You were told that the insurance was compulsory

• You were provided a quote for your product with the insurance included

• You were informed that back problems and stress were excluded from the insurance

• You were asked about any pre-existing medical conditions or you were warned that the medical conditions could affect your insurance.

• You were not asked whether you are retired, self-employed, part-time employed or unemployed.

• You were told that you couldn’t cancel the insurance without taking out a new credit agreement

If any of these things have happened

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daltbam injury Dublin

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Altbam Damage is just a lawyer focusing on injury situations, and contains only released a brand new site to assist their solutions are discovered by these within the The West of Ireland.

While people become hurt consequently of operating about the streets, the effects could often be serious, and also have a heritage of therapy, decreased flexibility, continuing discomfort and much more that lots of people frequently neglect to assume. For this reason it’s not therefore unimportant for people in an incident to consult with a personal injury attorney, to make sure they obtain payment suitable for their accidents. Daltbam Damage it has released a brand new site to advertise their companies online, and provides free preliminary services.

The West Ireland parts of Cork, Clare, Tipperary and Limerick,Daltbam injury dublin by adding typical research language, the brand new site continues to be locally enhanced to attract guests from these places to satisfy internet search engine algorithms’ requirements. The web site was created to place masses effortlessly, and content-first on any system. It actually features a contact type for people to immediately find an appointment.

Daltbam Damage in addition has produced a movie release make

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5 Important Things to Put on Your Divorce To-Do List

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For any family, divorce always proves to be a period of stressful transition. To make the process easier and make everyone involved move forward faster once the outcome is final, you need to be organized and stay on top of things. In addition to the meetings with attorneys and court dates and various other issues you need to remember, it is also important to put these five tasks on your to-do list during or shortly after your divorce.

1. Set Aside Money for Expenses

Divorce being expensive is almost a fact of married life. You want to make sure you budget properly, even if you choose a less expensive legal option, such as mediation. Additionally, you should plan for unexpected costs during the proceedings, such as meals away from home, parking charges at the courthouse, and other miscellaneous expenses that tend to mount up. You need to set aside money during the process to help cushion the financial blow because sticking to a regular budget is tough during this transition and your budget changes based on the divorce, too.

2. Assemble a Team

Although most people instinctively decide to retain an attorney at

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Is Legal Process Outsourcing an Ethical Practice

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Since time immemorial, the legal profession has been acknowledged as the ‘’nobel profession’’. The reason why legal profession was braded so was because of the firm emphasis made on ethical aspects in the profession. “It is a pleasant world we live in, sir, a very pleasant world. There are bad people in it, , but if there were no bad people, there would be no good lawyers” said Charles Dickens. Lawyers were often meant to be the rescuers  of the wounded. Thus , the nobility of the profession was seldom questioned. However, changes in the nature of practice of law have raised up queries questioining ethics in such practices. Outsorcing and Offshoring  of legal process is one such practice that has been vehemently crticized for being unethica whilst the patrons of Legal process outsourcing have defended it with commendable justifications.

What is Legal Process Outsourcing ?

LPO is the process of obtaining legal support services from an external unit. By, obtaining support services from an outside firm, the outsourcer firm relishes several advantages. If it is from an outside country, it is called as ‘’offshoring’’. “Legal process outsourcing refers to the offshoring of different elements in

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A Harmonious Judicial Review A Judicial Review Without Direct Collision

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When it comes to the judicial review of a Security Council action by the ICJ, many observers would be concerned about the possible judicial supremacy of the ICJ, where the judges’ opinion overthrows a Security Council resolution, as has been seen in municipal settings. The judicial review, however, does not necessarily have to be limited to the case of the “judicial supremacy” version, in which the ICJ can vitiate a Security Council action after a direct petition for review by an individual state: this was illustrated by Judge Schwebel’s argument in the Pan Am 103 case.

This mode of “direct” judicial review will bind all United Nations organs in all future cases as in the judicial review by domestic supreme courts of many countries.

It is doubtful, however, whether such system will prove feasible or helpful in the current decentralized international order composed of independent sovereign actors. It would indeed be problematic to apply such a “direct” judicial review formula to the international setting where central legislative, judicial or enforcement mechan­ism is still lacking. It is not practical for the 15-member ICJ to operate as the highest entity in the United Nations and the ultimate

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Get the Best Lawyer for Your Divorce Process

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Everyone will completely love their family. Family is the everything for the family and also for each of the family member. If we do not have any family, we will feel so lonely to face any kinds of problems in our life. That’s why here we really know how family plays important role for us. Somehow when you feel so bored during your days, you can spend your time with your family. You can enjoy your best moment with the parents, wife or husband, and also your beloved children.

When you have married, you need to make sure that you can handle your family well. You can manage the time management with your beloved family and you will feel so happy during your time with your family. Moreover, the time with our husband or our wife is important also. That’s why when you can have and you can manage your time to spend your time with them, you will feel the peacefulness in your marriage life.

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Is Being a Crewmember Aboard a Cruise Ship The Right Choice for You

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Thousands of school and university leavers head off onto the open waters for a year or two working on cruise ships around the world. There is something so magical about the idea of working aboard a large luxury liner, visiting different countries and ports and earning lots of money.

There are some serious factors you need to take into consideration before you consider becoming a crewmember aboard one of these vessels. Each vessel have different requirements and staffing needs, many have strict guidelines they follow to ensure that you are the right person for the job. Remember there may be hundreds of other applicants all lobbying for the same job you are applying for.

Firstly, it’s a good idea to see what jobs are available aboard these ships. In most cases these cruise ships look for a wide selection of staff members from retail clerks to youth coordinators and entertainers to chefs and engineers. In some cases you may choose to go with a smaller vessel with a smaller team, where you feel part of the team rather than one of the over one hundred staff members aboard a larger ship at any time.

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Legal Round Up 2014 – Detailed

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The Companies Act, 2013 partially replaced The Companies Act, 1956.The Ministry of Corporate Affairs has notified 183 sections of the new Companies Act, 2013, which have become effective from April 1, 2014. With this, 283 of 470 sections of the Act have gotten notified in a phased manner. The Ministry of Corporate Affairs has notified respective Rules related with the effective Sections of Companies Act, 2013.

  1. Section 309 IPC :Attempt to suicide decriminalized

The government has decided to decriminalize “attempt to suicide” by deleting Section 309 from the Indian Penal Code (IPC). Under the said Section, a suicide bid is punishable with imprisonment of up to one year, or with fine, or both. The Law Commission of India in 2008 had recommended the repeal of Section 309 stating that the act of taking one’s own life should be treated as a manifestation of “deep unhappiness” rather than a penal offence. 18 states and 4 Union territory administrations have supported the deletion of Section 309.

  1. FDI Policy 2014: 100% FDI in Railways infrastructure, 49% in defence

The government has notified an increase in the FDI limit to 49 per cent through approval route

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Why Complete Documentation In A Personal Injury Claim Is Essential

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Insurance companies are in the business of making money. As such, they not only seek ways to minimize payout of claims, but are savvy of attempts to pad them with unnecessary expenses. While your personal injury attorney knows that you are honest and forthright, the insurance company doesn’t; it relies not on a claimant’s word but on supportive documentation.

Complicating Factors

It is important to keep in mind from the outset that expenses not backed by documentation in a claim will likely be disregarded. From the insurance company’s point of view, you are just another claimant; therefore, objective evidence of your injuries will be required. This does make sense if you consider the alternative: If, for instance, you claim that your medical bills total $23,500, how will the insurance company be sure that this figure is accurate without supportive documentation? Indeed, the question of how you arrived at this number will surely be raised.

Moreover, certain issues tend to raise the suspicion of insurers. If yours is a soft tissue injury, such as severe back pain, conventional medical tests such as X-rays may not be able to verify this. The insurance company may be

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Saving Your Home – Do You Need a Foreclosure Attorney

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Once you miss a payment on your home, catching up is vital. As you miss more and more payments, the bank begins calling and they won’t accept what you have to offer. They want the delinquent amount plus the new monthly payment. This makes it almost impossible to make any steps forward. You begin to feel defeated and you may even begin digging your hole deeper. It is best to try at this step to save your home only if you can afford to keep up on monthly payments. If you can’t it’s best to let the bank know you need to explore other options. A foreclosure attorney can help you work with the bank and protect your personal interest.

Loan re modification can halt the process and buy you more time. You will need to fill out all proper documents and be sure the mortgage company receives them. If you have applied for re modification and were denied, you can ask for a review of your denial. You can begin the steps to saving your home if you review your budget and file all the proper paperwork with your mortgage company. You will want to

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Selling a Business Is An Emotional Process

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Selling a business that you have owned for several decades or that has been in the family for several generations can produce some pretty strong emotions. Generally those emotions will run the whole gamut from “couldn’t be happier to get rid of all the headaches” to “why did I ever think of giving up something I have worked so hard to build and has been so good to me and my employees.”

After recently closing a successful sale transaction, my client said he understood why I had told him, on several occasions, that selling a business is a “process” and not an “event.” He expressed his gratitude for guiding him through that process. Clients need to feel secure in the decisions they are making at such a critical juncture in their lives. My role is to make sure clients have all the information they need, understand their alternatives and know the likely outcomes of different scenarios so they can make the right decisions.

Preparing the client, at the outset, for what lies ahead in the sale process can knock down a lot of the emotional difficulties that could otherwise come up. I take great care

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When are the coveted principles of Natural Justice applied in Administrative Law

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Natural justice is indeed a humanising principle for it seeks to ensure that law is fair and just and that there occurs no miscarriage of justice. The phrases ‘substantial justice’, ‘fundamental justice’, ‘universal justice’ or ‘fair play in action’ also alludes to the notion of natural justice. It functions on the basis of preconceptions such as ‘man is basically good and hence he must not be harmed’ and ‘one ought to treat others as one would like oneself to be treated’. Though considered a highly noble concept that has much potential, there exists no definition for the same, because the vagueness and ambiguity of the concept is so much so that it has been criticized as ‘sadly lacking in precision’ as per the 1914 decision of R v. Local Government Board, ex p Arlidge[1]. In spite of its flaws, natural justice is widely accepted, adopted and enforced and is considered “an essential part of the philosophy of law.” You may disagree with the previous statement saying ‘uncertainty of law is a cardinal sin’. However, do bear in mind that the vice of said uncertainty is far outweighed by virtues such as greater possibilities of fairness and prevention of

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An Amendment to the United States Constitution

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Introduction
The United States constitution of America is a system of basic laws as well as principles that describes the rights of American citizens and sets limitations on what government can do and cannot do. The constitution provides the framework for national (federal) government as well as establishes a federal system, whereby duties are divided between the national government, as well as the states’ governments.

One of the central doctrines on which the constitution is created is the separation of powers, which separates the power between three branches of the federal government. The legislative branch (Congress) which has the powers to make laws, the executive branch (which is represented by president, as well as his advisors,) of which has the power to apply the laws, and lastly the judiciary branch (i.e. the supreme as well as other federal courts) which has the power to reverse or dismiss laws that it decides are unconstitutional.

Need for a new Constitution
Immediately after America won independence from Great Britain with its victory in 1783, during the American Revolution, it became evident that the newly formed nation was in need of a strong central government to remain stable. In

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Private International Law

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Jurisdictional issues and applicability of the correct domestic law and conflict of legal remedies in Indian courts viz-a-viz foreign courts have assumed great PRIVATE INTERNATIONAL LAW importance in the recent past in view of the world becoming a global village.  The realm of Private International Law has assumed greater significance and dimensions with the spread of the Indian community across the globe in large numbers. Young and enterprising men and women desirous of career opportunities abroad, move on and relocate themselves for permanent settlement in foreign countries without any hesitation to satisfy their financial needs apart from enhancing their technical skills and intellectual content.  We, Indians are being appreciated across the globe for our adaptability to new language, community living and altogether new lifestyles.  While all these positives have come with the economic growth and the pursuit for excellence abroad in our younger generation, the most important aspects of our culture and value systems have received a true and genuine beating.  As a result in many cases pertaining to Indian spouses/couples settled abroad, we can notice incompatibility of temperament (not at an acceptable marginal level but at a very high level), intolerance to accept the changed life style of

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