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Legally India - Blogged

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S.11 (A&C Act , 96) not binding under art.141

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the law education paradigm

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The Bar Council of India (BCI) has agreed to postpone the planned bar exam to December, we are informed.


Ethics & Bar Council(s)

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The short point which arose for consideration (in 9 complaints and one appeal) before the Central Information Commission was whether the Bar Council of India and the State Bar Councils are ‘Public Authorities’ within the meaning of Section 2(h) (b) of the RTI Act, 2005.


A nation betrayed

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Face Value

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The ever-enlightening Wikipedia tells us that the phrase “Face value” is the value of a coin, stamp or paper money, as printed on the coin, stamp or bill itself by the minting authority. While the face value usually refers to the true value of the coin, stamp or bill in question (as with circulation coins) it can sometimes be largely symbolic, as is often the case with bullion coins.

We learn that ‘face value’ of bonds, usually represents the principal or redemption value, that in the case of stock certificates, ‘face value’ is the par value of the stock. Further, that the ‘face value’ of a life insurance policy is the death benefit and that in the case of the face value of property, casualty or health insurance policies, it is the maximum amount payable, as stated on the policy's face or declarations page.

Furthermore, ‘Face value’ can be used to refer to the apparent value of something other than a financial instrument, such as a concept or plan. Face value also refers to the price printed on a ticket to a sporting event, concert, or other event (the price the ticket was originally sold for by the organization hosting the event).


Comfortably numb

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27th April, 2010 9.20 A.M. Court of the Metropolitan Magistrate. Punctuality being the virtue of the Bored, Chandi Agreywal, LLM, reaches courtroom no 12 situate in a huge palatial Brit built building tastelessly modified in the interests of justice. The measured steps on the near empty corridors were a welcome relief from the exercise completed a few minutes back….Chandi recovering from the suffering endured while maneuvering through the streets of the capital which for the uninitiated are ‘art of living reality’ lessons of forgiveness and tolerance of the worst forms of criminal intimidation employing rolling wheels.(Chandi drives a H.Civic ...Daddy's gift for opting for litgation over the trainee contract with Charming, Handsome and Deadly)


Wit, whither wilt?

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MODERN DAY CEPHAS PETER

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SUPREMUS ERRATUM

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In the case of S.K. Alagh Vs. State of U.P. and Ors. reported in(2008) 5 SCC 662 the Hon’ble Supreme Court, at paragraph 20 thereof, observed  as under:


In the case of an IDIOT

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Imagine yourself dealing with a case where your client has been accused of murder. The Prosecution story states that your client was found with the murder weapon in his hand when the police arrived having been sitting calmly in front of the deceased for hours and showing no emotion whatsoever. Further, when the cops appeared, your client made no effort whatsoever to flee.


The Ganges Service

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Right to Ride to the Court

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Suppose you have hired a wheeled vehicle drawn by animals in any municipality or cantonment area in India where such transportation is as common as wheeled vehicles (and as all of us are aware that such places are plenty in ‘Incredible India’, not in consideration of our efforts to save the world but necessarily from economic backwardness) and a dispute arises between the you, the hirer, and the driver of the carriage, as to the amount of the fare payable by the hirer under any rule (made under this Act), such dispute shall, upon application made in that behalf by either of the disputing parties, be heard and determined by any Magistrate or Bench of Magistrates within the local limits of whose jurisdiction such dispute has arisen; and such Magistrate or Bench may, besides determining the amount so in dispute, direct payment together with such sum as compensation for loss of time as such Magistrate or Bench thinks fit


Too interesting consti issues

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The curious case of the secret salary

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Client

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If you have noticed that whenever one sees the usage of the word “Client”, one knows that there just has to be lawyer or an architect involved since no one else in the 'white collar' business game ever seems to refer to anyone as “clients". On a train/plane you are a passenger (unless you are flying Kingfisher), in a hospital you are a patient (unless you are in some super specialty hospital where trust God,you are nothing but a customer), in a class you are a student, in the economy at large you’d be a consumer, in the polity, the common man (but now in the world of gender neutral addressal system, 'the common person').However, the doberman luckily seesm to have successfully avoided the ruccus and is not a  doberperson.(sorry! bad joke!). 
But when it comes to being a “Client”,the only people known to have clients appears to be lawyers, architects and prostitutes, all of whom have to live with the reputation that they are simply out to screw you. Only the prostitute is honest about it.


the 'clerical' error

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A lawyer issued a legal notice to quit on behalf of his client. He posted it through registered AD and courier. Since he did not receive any AD card, h filed a complaint with the Post office .In the meantime, he sought for the proof of delivery from the courier company. He entrusted his clerk with the responsibility of pursuing the courier company and procure the hard copy of the proof of delivery.


Arbitral Tribunal's orders are enforceable

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The judgment of the Supreme court in Sundaram Finance Ltd v. NEPC India Ltd., reported in   (1999) 2 SCC 479 observed at para 12 thereof that though section 17 gives the arbitral tribunal the power to pass orders, the same cannot be enforced as orders of a court and it is for this reason only that Section 9 gives the court power to pass interim orders during the arbitration proceedings.


It is interesting to note that the constitutional validity of section 36 of the Industrial Disputes Act, 1947  was challenged before the Delhi High Court in the matter of The Cooperative Store Limited, New Delhi v. O.P.Dwivedi, P.O.Industrial Tribunal –II & Others, reported in 1988 1 LLJ 135.In the case of Madras –Bangalore Transport Company Vs.The Madras –Bangalore Transport Company Worker's Union and Ors., reported in (1964) II LLJ 614 Kant, a Division Bench of the Karnataka High Court held  that the limited restriction imposed by S.36 in a law sanctioned by Parliament in the exercise of its legislative competence as conferred by the Constitution, cannot be viewed as an abridgment of any fundamental right. A three Judge Bench of the Supreme Court interpreted the said provision in the case of Paradip Port Trust v.Their Workmen And Management of Keonjhar Central Co-operative Bank Ltd. Vs.  Their Workmen, reported in (1977) 2 SCC 339.


The judiciary divided on Section 36 of the I.D.Act

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Is it time for a fresh look at Section 36 of the I D Act?

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 Section 36(4) of the Industrial Disputes Act, 1947 states that in any proceeding before a Labour Court, Tribunal or National Tribunal, a party to a dispute may be represented by a legal practitioner with the consent of the other parties to the proceeding and with the leave of the Labour Court, Tribunal or National Tribunal, as the case may be.


Consumer's cries

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The consumer awareness in India is still at a nebulous stage. The Consumer Protection Act was legislated in 1986 and consumer disputes redressal forums erected pursuant to the Act. However, the practice and procedure followed in these forums id perhaps not what was intended bythe legislature.


RTI and the Calcutta High Court website

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According to draft Overall Public Satisfaction (OPS), data compiled by the Magsaysay awardee Arvind Kejriwal-led NGO Parivartan as part of an initiative to promote people’s right to access information from government organisations. West Bengal is at the bottom of the heap, scoring just 6% in OPS while Karnataka tops the country in implementing the Right to Information (RTI) Act, scoring 55%..


The Calcutta High Court website

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The     High   Court   at  Calcutta, formerly    known  as   the High Court of Judicature at Fort William, was brought into existence by the Letters Patent dated 14th May, 1862, issued under the High Court's Act, 1861.The High Court of Judicature at Fort William was formally opened on 1st July, 1862, with Sir Barnes Peacock as its first Chief    Justice.  Appointed   on   2nd   February, 1863, Justice Sumboo Nath Pandit was the first Indian to assume office as a Judge of the Calcutta High Court, followed by legal luminaries  such as Justice D. N. Mitter, Justice R.C Mitter, Sir Chunder Madhab Ghosh, Sir Gooroodas Banerji, Sir Ashutosh Mookerjee and Justice P.B. Chakravartti, whose judgments are still revered.


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