The Rule of Law

Law of Nature

Indian thinkers in the Vedic period, i.e. around 3000 years before the birth of Christ, discovered that the universe does not perform its functions at random but follows certain laws. These were called “Rita” or the universal laws or principles that guided the universe. The progress of man can be largely attributed in understanding these basic principles of nature and exploiting them for the benefit of the human race at the cost of the rest of the creations. The laws of man, therefore, run contrary to the laws of nature as they are human-centric and not designed for all the creations of God or Nature.

One of the basic differences between man-made-laws and the laws of Nature is that the laws of nature are spontaneous as they require no effort in implementation. For example, in a natural piece of earth like a forest, the earth produces trees, plants, fruits and vegetables spontaneously without any need of watering or breeding. The nature itself provides timely rain and fertilizer to the new plants. The forests and the mountains are covered with greenery and beauty, which is purely natural since it comes without any effort.

Weeds: The Undesirable Plants of Nature?

One of the most interesting creations of the natural world is weed. Weeds are undesirable vegetation in the kingdom of plants. Weeds are defined as any plant that is not valued by the human society and usually tends to overgrow or compete with valued flora. Weeds are the plants which are considered by human beings as unattractive, undesirable, or troublesome.

In the natural world, man has to continuously fight against weeds to make their artificial plants survive. Weeds grow automatically and if the artificial gardens do not have the support of man, it is soon overpowered by weeds and the whole field or garden becomes full of weeds. Weeds are created by Nature (God) as no human effort is required to grow them. They are, however, so powerful that man has to continuously guard his creation from these weeds, lest all creation of the civilized society is destroyed. Weeds are as undesirable to man in the world of plants as criminals in the human society.

Criminals: The Necessary Evil for the Civil Society

Criminals are defined as the people who commit crime. Crime is defined as an act that is a violation of the criminal law that is punishable by law. Crime is usually considered an evil act and criminals are often seen as evil created by Devil, out there to destroy the civilized citizens, the children of God. There are many similarities between criminals and weeds. Criminals grow automatically in every society and the society has to work hard to weed out these criminals. Criminals like weeds are so powerful and competitive that they have the power to defeat the civilized people.

The role of criminals is similar to the role of the weeds. Imagine a world without crime i.e. everyone follows the law of the land without questioning. It will only provide status quo in the world. Kings will always be kings and only their children or loved ones can become kings. Poor will always be poor. Kings will frame more inhuman laws that would give them more powers. The less fortunate people would die out of hunger and poverty as they won’t break the law and the state will have no obligation to feed them. Thus the world without criminals would be a place where people will die due to inaction, boredom and cruelty. Such an ideal world, indeed, would be the most inhuman and most undesirable to mankind.

The Path of Heroism

In history, we can find numerous examples of great people who have broken the law and having been punished for their criminal acts. The list includes people like Christ, Prophet Mohammad, Socrates and Galileo. Yet it is these people who changed the history of the world and they are rightly worshiped as heroes by the masses even after their death. How many people you have ever known who have become heroes without breaking the law and committing crimes in their time? Perhaps none. Heroes are created not by following the law but by breaking the law.

Rule of Divine Law

It is not always good to follow the law blindly as it provides order and rule of law in the society but kills the humanity as the implementation of most of the man-made laws are against the natural laws. Man-made laws are often disguised under the cover of natural laws like equality, justice, liberty and fraternity yet they serve just the opposite purpose. Most people see the letter of the law but fail to grasp its spirit. One must understand that breaking man-made laws is one of the fundamental requirements of all civil societies, if it contradicts the natural or divine laws. Thus every person who breaks the law need not be a criminal.

Motorcycle Wrecks and Personal Injury Attorneys

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 determine fault of any of the parties. However, a large number of motorcycle accidents are preventable if all motorists pay attention and respect each other on our Oklahoma roadways.

How Left-Hand Turns Can Cause Catastrophic Motorcycle Accidents in Oklahoma

The small size of motorcycles inevitably puts motorcyclists in a more vulnerable state when operating on our roadways. Other motorists driving cars, trucks, vans and other larger motor vehicles must share the roadways with motorcyclists and be on alert that a motorcycle could be traveling nearby. by far its simpler for car and truck drivers to spot fellow drivers in the event they are turning right. However, when cars make left-hand turns, they must look more closely to ensure there are no other vehicles passing by. If other drives don’t pay attention they place motorcycle riders and everyone else in danger.

Motorcycle accidents caused by a car’s left-hand turn may occur when a motorcyclist is going straight through an intersection, and a car turns left directly into the motorcyclist. Such accidents may also occur when a car is passing the motorcycle, and changes lanes without awareness that a motorcycle is in adjacent lane. Or, such accidents may occur when a motorcyclist is trying to pass a car on the highway, and the car is changing lanes without awareness of the motorcycle. Regardless of how the left-hand turn ultimately results in a collision with a motorcyclist, the aftermath of the accident could result in injuries including, but certainly not limited to, the following:

1. Broken and/or crushed bones;

2. Soft tissue injuries (i.e.muscles ripped or torn, ligament tearing;

3. Traumatic Brain Injuries (TBI), and other head injuries, such as concussions;

4. Spinal cord injuries;

5. Damage to internal organs;

6. Internal bleeding;

7. Burns;

8. Wrongful Death, and bodily disfigurement.

Consequences of Motorcycle Accidents in Oklahoma

If you or a loved one has experienced injuries such as those listed above, you know all too well how the consequences go beyond physical pain. You face emotional pain and trauma, significant financial hardship in the form of expensive medical treatment, prescriptions, physical therapy, and other associated medical costs that may last for a lifetime. Also, when the accident causes you to be unable to work, and as a result have lost your income, you may be able to apply for certain government programs that offer financial assistance.

Ways To Avoid Motorcycle accidents in Oklahoma

All of these hardships will not be suffered if unnecessary motorcycle accidents simply did not occur. Vehicles making left-hand turns must be aware of all surrounding motorists, looking very closely before turning, and taking into account any blind spots that may be blocking your view of a nearby motorcyclist. These precautionary steps can save lives and prevent serious harm to fellow Oklahomans.

Contact a Motorcycle Personal Injury Attorney in Tulsa Oklahoma

When another party is responsible for causing you or a loved one harm, you may be entitled to compensation for your suffering. If you have been injured by other drivers negligence don’t go it alone. A good personal injury attorney can help you to get all the compensation that you require. Tulsa Personal Injury attorneys deal with insurance companies on a day to day basis and are aware of the ways they avoid paying what you deserve.

Sheona Kerr is an author and publisher of many personal injury articles and blogs in Oklahoma. Her articles have dealt with personal injury cases ranging from Motorcycle accidents, car accidents,slip and falls and nursing home abuse. She is employed in a Personal Injury Law Firm in Tulsa Oklahoma.

Understanding More About The No Win No Fee Compensation

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 sued leading the state to make adjustments on the policy.

Several bodies were made to carry out researches and make their recommendations. It is unfortunate that the entire state overlooked the exact problem and bought the thoughts of the people. Hence, even when the researches were being conducted, it was certain that changes would be made. This happened in 2013.

When the new changes were made, the policy took a new turn. Therefore, whenever you make a claim and win, you will not be expected to pay any legal fees. Nonetheless, you may have to pay at most 25% of your compensation to your lawyer. The amount is known as a conditional fee arrangement. It follows that you will not have to pay any fees when you pursue your claim but you will meet the costs of the success fee.

On the other hand, you could make a claim and lose. Similarly, the initial fee for filing the claim will not be charged. Instead, you will have to pay for the amounts that will be demanded for by the send party. Fortunately, the insurance company that was called when the process began will take care of paying the compensation. As a result, you will be free from paying the substantial fee. Also, you will receive no compensation because it is obvious you will have lost in the claim.

With the no win no fee compensation policy, anyone can make claims and be sure to have justice. Additionally no one loses anything. Rather, the winning party will be compensated. Therefore, you should not be afraid of making claims anymore.

For more about the no win no fee compensation please visit our website today just click here

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

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 Companies Act, 1956) has been omitted under the new Act.

The compliance of Section 185 of the Act has been ensured by putting in stringent punishments for contravention, the fine being as high as Rs.5,00,000 (Rupees Five Lakhs) extendible to Rs. 25,00,000 (Rupees Twenty Five Lakhs) for the Lending Company. The director or any other person to whom the loan is advanced or guarantee or security is given or provided in connection with any loan taken by him or the person shall be punishable with imprisonment which may extend to six (6) months along with a fine which shall not be less than Rs.5,00,000 (Rupees Five Lakhs) but may extend to Rs.25,00,000 (Rupees Twenty Five Lakhs) or both. The stakes being this high for both the Lending Company and the persons receiving such loan and/or the benefit of the guarantee/security, makes it very important to understand the nuances of this provision.

The following transactions are permitted under Section 185 of the Act:

  1. Any loan provided by a holding company to its wholly owned subsidiary company for its principle business activities.
  2. Any guarantee given or security provided by a holding company in respect of any loan for funding the principle business activities of its wholly owned subsidiary company;
  3. Any guarantee given or security provided by a holding company in respect of loan made by any bank or financial institution to its subsidiary company for its principle business activities;Even though ‘principal business activity’ has not been defined under the Act, generally the activities provided under the main objects of the memorandum of association should qualify as a principal business activity of that company.
  4. Any loan advanced or guarantee/security provided by a company, which in its ordinary course of business provides loans or gives guarantees or securities for repayment of any loan, provided that such loans shall not be provided at an interest rate less than the bank rate declared by the Reserve Bank of India. No loan may be given by the Lending Company at an interest rate lower than the prevailing yield of one year, three year, five year or ten year government security closest to the tenor of the loan.The phrase ‘ordinary course of business’ has also not been defined under the Act. This is because there can be no universal meaning ascribed to it. What is ordinary for one entity or one type of business or one sector or even one region may not be so for another. However, based on judicial precedents and keeping in view the intent and purpose of the provision, a transaction can be said to be in ‘ordinary course of business’, if:
  1. The Lending Company has in the past provided loans/guarantees/securities to such entities as a matter of routine.[1] The frequency of such transactions[2] and a certain amount of continuity is imperative as ‘business’ itself implies carrying on a particular trade or vocation as a ‘continuous’ activity by application of labour, skill and money to earn the income. [3] Also, important is that such transactions have been appropriately disclosed in the financial statements of the Lending Company for the past years.[4] The disclosure of such transactions in the financial statement indicate that such activities were being carried on normally in the usual course of business, specifically inclusion of the amounts involved as ‘business income’ gives further credence to the fact.
  2. The memorandum of association of the Lending Company allows for such transactions i.e. the providing of loans/guarantees/security to other entities should be part of atleast the incidental or ancillary objects of the memorandum of association. The Courts have not been uniform in their ruling with respect to the significance of the objects clause of the memorandum of association in making this assessment. The Courts also differ on whether an activity is in ‘ordinary course’ only if is part of the main objects or whether an activity ancillary to the main objects may also be considered so.[5]
  • The Lending Company has passed a board resolution, specifically, categorising the transaction as being in ‘ordinary course of business’. Also, the board should have examined the transaction from the perspective of Section 185 and should have resolved to undertake the same. The consent of all the directors present at the meeting should have been obtained in accordance with Section 186 (5) of the Act. Whether a transaction is in the ‘ordinary course of business’ is a question of fact and a board resolution is important in making this assessment.[6]
  1. The loan documents/security documents executed for the purpose of the loan/security/guarantee provided by the Lending Company should contain a clause stating that the transaction contemplated therein is in ‘ordinary course of business’.
  2. The transaction should be conducted at arms’ length basis and appropriate disclosures should be made with respect to the interest of any management of the Lending Company in the entity receiving the loan, guarantee or security. Ultimately the aim of Section 185 is to prohibit related party transactions where the Lending Company provides undue advantage or gain to any other entity related to the management of the Lending Company and to avoid conflict of interest scenarios for directors of such Lending Company.
  3. The Lending Company (not if it is a banking company or an insurance company or a housing finance company providing the loan/security/guarantee in ordinary course of business or company engaged in business of financing of companies or of providing infrastructural facilities[7]) should have complied/should comply with the following conditions under Section 186 of the Act:
  1. The loan or the guarantee/security to be provided should be within the limits prescribed under Section 186 of the Act i.e. it should not exceed the higher of 60% (sixty percent) of the paid up share capital, free reserves and securities premium account or 100% (one hundred percent) of its free reserves and securities premium account. Alternatively, if the giving of loan, security or guarantee is beyond the prescribed limits the Lending Company should have obtained special resolution of its shareholders in the general meeting.
  2. The Lending Company should disclose to its members in the financial statement the full particulars of the transaction, including the purpose for which the loan or guarantee or security is proposed to be utilised.
  3. The prior approval of each of the public financial institution from which the Lending Company has availed any term loan should be obtained in case: (1) the loan or the guarantee/security to be provided by the Lending Company is beyond the limits prescribed under Section 186 of the Act; and/or (2) the Lending Company has defaulted in repayment of loan instalments or payment of interest as per the terms and conditions of the term loan availed from the public financial institution.
  4. The Lending Company should not be in default of repayment of any deposits or payment of interest.
  5. The Lending Company shall have maintained a register in Form MBP 2 as per Companies (Meetings of Board and its Powers) Rules, 2014 and enter therein the particulars of loans and guarantees given, securities provided by it.
  1. The borrowing company shall have obtained requisite special resolutions under Section 180 (1)(a) and Section 180 (1)(c) of Act, if applicable.

Popular Views in the Market

One view in the market is that as Section 185 of the Act begins with ‘Save as otherwise provided in this Act’, it should be subject to Section 186 of the Act, implying that any transaction permitted under Section 186 should be permitted under Section 185 of the Act. However, this view makes the very existence of Section 185 redundant which could not have been the intent of the legislature. Such an interpretation of Section 185 should be avoided.

A popular method being used by financers/investors and creditors to comply with Section 185 is to make the Lending Company providing the security or guarantee a co-borrower to the lending transaction. This works well for some transactions but in other cases group companies are found reluctant to undertake such responsibilities.

Also, financers/investors/creditors have been seeking organisational restructuring of holding and subsidiary companies including eliminating common directors and other senior management to avoid falling within the purview of Section 185. For further comfort, certificates of non applicability of Section 185 from the company secretary or a director of the Lending Company is being insisted upon as pre-condition to such lending transactions.

Conclusion

One must look at Section 185 of the Act in the right spirit in which it was modified from its predecessor provision under the Companies Act, 1956. The objective was not to hinder business and financing of businesses but was to discourage related party lending transactions which bred favouritism and nepotism. Any transaction should be tested on the anvil of Section 185 of the Act while keeping this in mind.

A Quick Guide To Making PPI Claims

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 to you, you should highly consider filing for a PPI claim. To increase your chances of being successful in your claim, you should prove that you have a valid claim. The best way of proving that you have a valid claim is collecting all the paperwork from credit cards, old loans, and other agreements.

If you have an open credit account with your PPI provider you should ask the provider to give you the terms and conditions for your PPI agreement. Some providers will give you the terms and conditions for free while others will charge you.

If your provider has to charge you, he/she can’t charge you more than one pound. To avoid back and forth posts, you should include a cheque payable to the value of one pound.

If your account is closed and dates back a few years your provider might not supply you with the terms and conditions. Here you need to submit a data protection Act subject access request.

Once you have the documents to prove your claim, you should now make your claim. There are two ways of making your claim:

• By writing to your lender yourself in order to make your complaint and explain your case

• Using a PPI claim service who will handle the entire process for you

When making your claim you should check your lenders website for any information that might help you with your claim.

If your lender refuses your claim you should take your case to the financial Ombudsman

Visit our website to reclaim PPI and claim back PPI 247

daltbam injury Dublin

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 recognized their dedication to quality in consumer experience and to review their providers. Whether it’s road and incident claims (http://daltbam-injury.com/street-and-incidents-claims/) or personal injury claims (http://daltbam-injury.com/personal injury-claims/) the company is available and prepared to assist.

A representative for Daltbam Damage described, “We handle every situation independently and spend some time observing the individual, their conditions, their lifestyles and also the ways their damage has influenced them to be able to create a completely knowledgeable evaluation of the claim, and set the most payment feasible whenever we follow a claim. Customers are represented by us no-fee schedule, on the no-win. Your site continues to be made to market much more and these ideals, so once they uncover our services online people may feel comfortable dealing with us. We anticipate meeting new customers really soon.”

About Daltbam Damage: Daltbam Damage is just a lawyer with the capacity of managing all degrees of death circumstances and injury, may it be a slide, a-road traffic incident, journey or fall at work. They’re An Individual Injury lawyers company located by having an office in Dublin in Limerick. They concentrate on Injury statements from the surrounding areas of Limerick, Tipperary, Clare and Cork and also automobile accidents in Limerick.

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

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 the beginning of the process, few understand how beneficial it can be to assemble a team of experts to help you. Having such a team on hand to provide assistance to both parties not only saves you money on litigation expenses in the long run, but also make the process more amicable. In addition to your attorney and/or a mediator, consider working with a financial expert, a forensic and/or business CPA/accountant, a real estate professional, and a child development specialist.

3. Make New Health Insurance Arrangements

If your spouse is the principal account holder in your health insurance policy, getting divorced means you will no longer be covered by it, and vice versa. And because finding one that would match your new financial situation might take a while, it is important to search for a new policy as soon as possible.

4. Maintain or Open a Bank Account and Credit Card in Your Own Name

After your divorce, you will once again be solely responsible for your finances and credit score. Moving on with your new life means you need to re-establish yourself financially. To avoid confusion, some experts even recommend moving to a different bank than your spouse.

5. Update Your Beneficiaries

Chances are your spouse is listed as your beneficiary on your life insurance, retirement savings, and other forms. You will want to update this information as soon as possible in case an emergency occurs.

It can be overwhelming for everyone to prepare for divorce and organize their life after it. Speak to a divorce expert in your area if you need help getting everything under control.

If you have any questions about child custody mediation, please call John Powell III at 281-870-2053 and schedule a free 30-minute consultation. John is based in Pearland, Texas and has represented persons in literally hundreds of divorces to resolve their conflicts amicably with less expense & time.

Legal Education and its Challenges

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 to where the things have gone wrong. An effort has been made in this particular essay to identify the challenges the present legal education faces in India and also look into the means of arresting the falling standards so as to make it socially relevant.

Historical clock says:
The concept of dharma, in the Vedic period, can be seen as the concept of legal education in India. Although there is no record of a formal training in law, the dispensation of justice was to be done by the king on the basis of a self-acquired training. Justice was also administered by the king through his appointees who in turn were persons of known integrity and reputation of being fair and impartial. The guiding force for the king or his appointee was the upholding of dharma.
The institutions for formal legal education were introduced by British after the establishment of their rule in India. The first step in this direction was taken in 1857 when the three universities in the presidency towns of Calcutta, Madras and Bombay introduced legal education as a subject for teaching . This was followed by the setting up of a law college at Lahore after the establishment of PunjabUniversity. Thus, a beginning in the formal legal education grew stronger and showed its light in a part of the sub-continent.
At the initial stages, law courses were not full time. A student could take up law as a part-time course along with a full master’s course in social sciences or languages. There were hardly any standards or qualifications prescribed for the prospective law graduates. Though a beginning in imparting formal instructions in law leading to a degree was made with a limited number of law schools, the well offs in the society, however, would go to England to return as barristers.
Rule of law became the fundamental doctrine for governance of the country with adoption of the constitution in the post-Independence era. Consequently arose the need to streamline legal education in the country. During the decade of the fifties, law was introduced as a course (full time as well as part time) by a large number of institutions. In the absence of any rules for starting law courses and the qualifications for the faculty, the standard of the legal education went down during the infancy period itself. The decline was lamented by Dr. S.Radhakrishnan when he said:

“Our colleges of law do not hold a place of high esteem either at home or abroad, nor has law become an era of profound scholarship and enlightened research”.

The sorry state of affairs of legal education was echoed by the law commission in 1958. It observed :

“In the period of about ten years which has lapsed since the publication of the Radhakrishnan commission report, the position in regard to legal education in this country, it appears, has definitely deteriorated.”

The portals of our law teaching institution- manned by part-time teachers- open even wider and are accessible to any graduate of mediocre ability and indifferent merits. It is not surprising that in this chaotic state of affairs in a number of these institutions, there is hardly any pretence of teaching. This character is followed by law examinations held by the universities many of which are mere tests of memory and poor ones at that, which the students manage to pass by cramming short summaries published by enterprising publishers. The result, plethora of half baked lawyers who do not know even the elements of law and who are let loose upon society as drones and parasites in different parts of the country.

The Mushroom of Challenges:
In 1958, when the Law commission voiced its concern at the deterioration in legal education, there were hardly forty three institutions in the country preparing about twenty thousand students for the law examination. One notices a mushroom growth of law colleges in the sixties after enactment of the Advocates Act. This phenomenon continues unabated till date. The magnitude of mushrooming law colleges can be gauged from the fact that up till the early nineties, there were four law colleges in Bhopal whereas there are twenty two law colleges. Same is true about U.P. and Rajasthan in this region. These colleges work as money spinners and has put legal education at the back seat Admissions to these law schools are easy as the eligibility for admission is the minimum marks prescribed for the qualifying graduation examination. Thousands of students become eligible for admission and all of them get it. These sub-standard law schools have neither adequate buildings nor the qualified faculty in the required strength nor any library. Most of these institutions have part-time teachers with the exception of a few full time teachers. A student turns out a law graduate from such schools while sitting at home a few hundred miles away and without visiting the law school. These absentee law graduates play havoc with the clients and the court time after their enrollment as advocates. As of today, about 101 universities and about 500 law colleges are churning out two lakh law graduates every year. The first step to check the rot in legal education was to introduce the five year law course after the plus two level throughout the country. NationalLawSchool of IndiaUniversity, Bangalore is running exclusively a five year law course from the time it was set up in the year 1988 and along with it several other National Law Schools have come in various states of India. As a transitory measure, a three year programme is also allowed at various colleges and universities. Like other professional courses in engineering, medicine, commerce, architecture, etc. a student now decides his career in law at the turning point of plus two level. Introduction of a uniform five year law course would go a long way in improving the standard of legal education in the country. Still there remain some loopholes within the system.

Learning from the Critical Legal Studies and its application:
We should develop our first year courses into systematic embodiments of our views about the present and future organization of social life. In particular, we should teach the students that bourgeois or liberal legal thought is a form of mystification. The students should be taught to understand the contradictions of that thought, and the law teachers should make utopian proposals to them about how to overcome those contradictions.
The beginning should happen with a practical proposal. I think it’s different both in content and in spirit from the ones that liberal or vaguely progressive law professors typically put forward. For the last maybe fifteen years in the United States there has been an attempt to politicize the classroom. Politicizing the classroom means trying to teach basic contract, property and tort doctrine using cases and hypos that will perform three functions.
First, the cases and hypos have to be pedagogically useful just to get the students to learn black letter law. The teachers should have the major responsibility to teach doctrine, bar review type stuff. Though the students should have the right to criticize the professor for not doing enough and also question the questions. The need for cases and hypos that will perform this function while still working well to further the second objective, which is that cases and hypos should illustrate gaps, conflicts and ambiguities in the system of black letter law. The students should be made to see the pervasiveness of occasions for choice by judges when they are deciding what the rules should be. The third element, the politicizing element, depends on the first two. The cases and hypos that pose the problem of what to do with a gap, conflict or ambiguity in the system of doctrine should split the conservatives and the liberals in the class as close to right down the middle as possible. In other words, the students should find themselves evenly divided between two sharply contrasting yet possible rules to govern the fact.

Socio-Legal Research Perspective:
The level of research facilities available to a law teacher in India is not conducive to sustained research. The lack of role-facilities generates confusion, conflict as well as ambivalence towards primary role obligation calling for sustained attempts to contribute to knowledge in the field. A law teacher (unless he is a dean or Head of the University Department or a principle of a law college) gets no typing and duplicating assistance. Very few know how to type and of these not many can afford a typewriter. Availing the services of a professional typist remains for most of them a luxury. The role of Indian Council of Social Science Research can be very significant. Much of the current research effort has no relevance to contemporary social and national problems and suffers besides from lack of rigor in its analysis of phenomena and synthesis of facts. It is not yet emancipated from its tutelage of western theories and has failed to develop research tools, designs and models of its own appropriate to the Indian situation. Multi-disciplinary and inter-disciplinary research is yet rare. A most encouraging feature in the recent times has been that the concept of Indian law schools with focused research has made some profound and everlasting mark. The law community has actually acknowledged the same.

Conclusion:
The legal education should be able to meet in the ever-growing demands of the society and should be thoroughly equipped to cater to the complexities of the different situations. Specialization in different branches of the law is necessary. The requirement is of such a great dimension that sizeable or vast number of dedicated persons should be properly trained in different branches of law every year by providing or tendering competent and proper legal education. This is possible only if adequate number of law colleges with proper infrastructure including expertise, law teachers and staff are established to deal with the situation in an appropriate manner. The area of deficiency should be located and correctives should be affected with the co-operation of competent persons before the matter gets beyond control. Reforms in legal education cannot wait any longer and that there can be no improvement in legal education unless we can convince the brilliant young people to accept teaching assignments in law. We need to produce a number of committed and dedicated teachers who in turn need to produce a new crop of hard working lawyers, honest judges and distinguished jurists. This is a tough and certainly a challenging task. As we all know, a teacher is a nation builder and only a committed and dedicated teacher can produce conscientious students, honest professionals, and informed citizens. This is what the nation in general and the legal profession in particular needs today.

Is Legal Process Outsourcing an Ethical Practice

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 the legal process by law-firms, corporations, and in-house legal departments (mainly in US and UK) to offshore centres (mainly in India).[1] The object behind the outsourcing is to capture the opportunities prevailing in the external environment. In case of off shoring, the outsourcer shall be depreived of certain benefits and previleges which the outsourced shall be entitled to. Thus, the outsourcer can stay at one place and reap the benefits existing at two different environment.

Reasons for Outsourcing in India

India is the top notch destination for legal outsourcing from U.S.A and U.K. The service sector in India accounted for about 52% of GDP in 2004-05. In fact India’s service exports had more than doubled from US$ 25bn in 2003-04 to US$ 60bn in 2005-06 and now accounts for nearly 37% exports[2]. As Indian nation is geographically situation in a time zone exactly distincitive of these two nations, it facilitates the firms in the U.S.A and U.K to work round the clock. Secondly, Indian law has been inherited from the United Kingdom during the Colonial era, therefore similarities in issues of law diminishes ambiguity to a commendable extent. In addtion , English is considered of pivotal importance in India and priority is given to learn and speak English than the native languages. The linguistic deftness and familiarity in English makes Indians more demanded in the Outsourcing Industry. The cost of labour is another highlighting reason as to why India is preferred. As a result of such factors, the Westerners use India as a major player in the outsourcing Industry.

What is Outsourced ?

The quality of legal work outsourced to India has vastly improvedover the years and now a majority of work includes high end servicessuch as End to End E-Discovery Management (Litigation and Regulatory Reviews), Legal Research, Drafting of Pleadings, IP services, Compliance &Due Diligence and End to End Contract Management[3]. In End to End discovery managemnt  collection of electronically stored information, processing and reviewning by a team of lawyers to code relevant documents to a particular case or regulatory enquiry. The offshore legal team aids the US legal firm in decision making as to whether it would be appropriate for their clients to go to trial or settle out of court on the basis of the review findings. Ontract management involves managing the life cycle of a contract. This includes an extensive use of technology and a perpetualservice for clients from the time the contract is redlined until the expiry of the contract. In the field of Intellectual Property Rights aspects such as trademark search, Copyright search, technical research , registeration and proof reading are outsourced. Legal research on case laws, legislations and statutes pertaining to a particular case is also outsourced.

Ethical Arguments against Legal Process Outsourcing

 Unauthorized Practice of Law ;-

The first and foremost criticism of ‘’Offshoring’’ on ethical grounds is that a part of the legal practice is performed by persons without authorization. The outsourcer may have an authorization, however the agency to which the legal work has been outsourced will not have authentication or authorization as it it geographically located in a place beyond the jurisdiction of the outsourcer. Thus it can be argued that the outsourcer aids and abetts unauthorized practice. American Bar Association’s Model Rules of Professional Conduct states as follows in Rule 5.5[4] ;-

A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction or assist another in doing so.’’ limiting the practice

of law to members of the bar protects the public against rendition of legal services by unqualified persons[5].’’

For an illustration ; An Indian attorney is unallowed to practise or to represent any client outside India. In case of Offshoring, America obtains service support from an Indian attorney for an American Client. This is on perspective would amount to abetment of unauthorized practice of law by the American Firm.

However, jurists are of the opinion that Indian is often an ‘’outsourced’’ and it is governed by the Advocates Act and the Bar Council of India Rules

  1. Breach of Confidentiality ;-

The legal profession thrives on confidentiality. Confidentiality and Security have always been an integral possession of the the relationship of lawyers and his clients. It could even be stated that confidentiality would be the foremost factor that makes the attorney-client relationship very delicate. Contrastingly , in the case of the LPO, the confidential information is transmitted by the outsourcer to an outsider firm thereby breaking the strands of confidentiality in the Attorney-Client relationship.  The question of whether the information transmitted is irrelevant in ethical point of view by few scholars who emphasis that one of the important tenets of legal professional ethics is Confidentiality.

If Client Confidences and Secrets are to be Disclosed[6]

MRPC 1.6 Confidentiality of Information (a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b)[7].

To combat the criticism of lack of confidentiality Confidentiality agreements are being utilised. Albeit there are additional safeguards undertaken to prevent breach of confidentiality through world recognized standards and certifications, small sized LPOs are maimed due to credibility issues when pursuing clients.

  1. Biling for Outsourced legal support ;-

Another practice in case of legal outsourcing which is vehemently criticised is the billing for external legal support. The outsourcer hires expernal legal aid for considerable advantages such as cost and time. However, when he bills the client for the advantages he enjoys , it could be termed unfair and unethical.  This criticism can however be vitiated if the Outsourcer  himself bears the expense of the fruits he enjoys.

  1. Conflict of Interests

Cnflict of interest occurs when an LPO undertakes a project, conciously or unconciously, which is detrimental to the interest of the client. However, in order to ensure that there is no conflict of interest, credible LPOs conduct a thorough conflict check prior to undertaking a project and also reject client work in case of a conflict[8].To combat these cracks and crevices, LPOs take adequate precautions by requiring attorneys to sign Non-Disclosure Agreements and moreover maintain a database of attorney profiles and their past project experiences to validate any conflict.

  1. Incompetent Representation

As noted above, proper supervision is required to ensure your client is adequately represented. Conduct the necessary due diligence to ensure the LPO delivers the necessary level of competence. Interview the company in advance, obtain references for both the company and the individual who will be doing the work, request sample work product, and communicate directly with person assigned to your project to discuss to ensure he/she understands both the assignment and ethics involved.

Conclusion

 Ultimately , LPO’s are an impeccable system of generating work and employment. It also serves as an outstanding mode of extending legal services globally and an efficient and effective technique to minimise the cost and to improve the quality of legal research and work. However, as discussed earlier there are several criticisms against the functioning to LPO’s around the globe. Arguments on ethical grounds cannot be avoided as ethics, morality and law are different pages of the same book. While ethics is the branch of knowledge that deals with moral principles, professional ethics is the personal and corporate rules that govern behaviour within the context of a profession. As the ambit of profession has been diversifying and complexing over several years, the concern for ethical practices have arisen. Therefore, there is a necessary requirement for a standard set of rules or regulations to govern the function of legal outsourcing. The American Bar Association and the United Kindom bar have been much ahead of us in formulating a professional code of conduct with regard to Legal Process Outsourcing. On the contraray the Indian Advocates Act or the Bar Council Rules have absolutely no mention about Outsourcing.  To obtain a more holistic monitoring of the Legal Outsourcing activities there has to be either a regulatory or a statutory instrument such that unethical and undesirable actions could be remedied and regulated.

A Harmonious Judicial Review A Judicial Review Without Direct Collision

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 decision maker for the international community. Unfortunately, the member states are not ready to accept an international society in which a judicial organ has the final say in the operation of the United Nations, nor does the current Charter envision such a judicial supremacy system. That will become possible only when a much higher degree of homogeneity and organization is attained in the future. Unless and until such a point is reached, the ICJ may consider a variety of “indirect” judicial review whenever it is called upon to examine or give effect to a Security Council resolution, both in the advisory opinion situation and the contentious case context.

Even a cautious, indirect approach will still be meaningful as an effective altern­ative to “direct” judicial review. Mere warnings of illegality or suggestions of altern­ative options from the ICJ may well serve as a check on the ultra vires or unlawful activity of the United Nations bodies, including of the Security Council. The ICJ cannot force the Security Council to take a particular measure in a particular case; however, the next time the Security Council faces a similar issue, it will be more likely that the Security Council will pay attention to the Charter principles and procedures as interpreted by the ICJ. The Pan Am 103 case itself is a good example of this analogy: although the ICJ decided its merits as based only upon an issue of technicality, namely, the filing date of the Libyan government, there was a clear indication that the resolution adopted under the auspices of the US and the UK may have experienced some legal problems. These two countries and other countries in similar situations would probably pay closer attention to such issues in any future case. In that respect, any judicial evaluation by the ICJ of a Security Council action, equipped with legal terms and standards, will have its own raison d’etre.