A First Taste of Law

A First Taste of Law


This was once a blog intended for the law students and law school aspirants. Years have passed, the team has grown and we have decided to delve deeper into the basics: of human character, of the law and the society, and opportunities, which lead us straight to hacking and making life easier. Now, this is not a mere guide to law schools any more, rather we shall endeavour to write on matters that stimulate an intelligent brain, legal or not, and make one strive to hack the system.
Read more

Geographical Indication Act,Geographical Indications Protections,Geographical Indications for Handicrafts

Geographical Indication Act,Geographical Indications Protections,Geographical Indications for Handicrafts

Introduction to Geographical Indication (GI)

GI is an important feature under the regime of Intellectual Property rights (IPR) that supports the weavers by giving them an exclusive right over their creative minds.

GI tag is an indication that authenticates the origin of a product to a particular region of India. The product needs to have a special characteristic related to the geographical climate or unique production technique that makes it distinct and provides it a differentiated identity among rest of them. This registration not only provides lawful security but also curbs illegal use of GI registered. It also helps the producers' prosperity and the exports are ascends. The registration is valid for 10 years after which the producers can again apply for registration. If it is not re-registered after every 10 years, it is removed from the list.

Geographical Indication Act was passed in December 1999 by the Parliament which came into force on 15th September, 2003, for the registration and protection of special goods of different geographical locations in India. GI is a recognized Intellectual Property PR under the World Trade Organization's (WTO) TRIPS agreement. The Controller of Patents and Trademarks is the governing body for Registrar of Geographical Indications which is located in Chennai. Till the end of March 2010, a total of 120 products have been registered under the GI Act, which include agricultural products, handicrafts, manufactured products and textiles. Whilst, Patents belong to individuals, the GI is a collective right of the community protected either by their group or state, helping art and artisans to survive.
Read more

Amigo Blog by Anent: Global Imbalance by M.R Venkatesh, Economist

Amigo Blog by Anent: Global Imbalance by M.R Venkatesh, Economist

MR Venkatesh, One who is Economical Professor gave speech on globalisation.
It was an awesome description about dollar.
Read more

Free Essays | Law Essays UK

Read more

Business: Legal tips | TipsBase

Read more

Law « Current GK Model papers previous Papers

Law « Current GK Model papers previous Papers

Free Online 2011 Exams in India Current GK Model papers previous Papers Rapidshare
Free Online Quiz For jobs and Competitions Free Download model Test Paper Sample Paper for KVS SAIL MTT BHEL UPSC IES IAS PO Clerical RRB PSC Hotel management MBA and other exams and Competitions India
Read more

Completely FREE - 4500 Objective Questions on Core Topics for Civil Judge Exams

Read more

Law Notes: Proposal and Acceptance (law 416)

Read more

Intellectual Property: January 2010

Intellectual Property: January 2010

Intellectual Property Audit
Intellectual Property Audit - A "How to" Guide.

“If you don’t measure it, you can’t manage it”.

Perhaps the above-mentioned expression is the single most compelling reason for any company, particularly an SME, to conduct an intellectual property (IP) Audit. But what should be measured and how can we begin the process?

An IP Audit is defined as a systematic review of the IP assets owned, used or acquired by a business. Its purpose is to uncover under-utilized IP assets, to identify any threats to a company’s bottom line, and to enable business planners to devise informed strategies that will maintain and improve the company’s market position.

In many cases SME’s do not have the resources to conduct a full audit of all its IP and will find it difficult to put a value to each of the components making up an IP portfolio. Putting aside these difficulties, and at the risk of reducing the exercise to the “too-hard basket” it is important for every business to document and value what is, in many cases, its most important intangible assets.

An Example of an IP Audit

At the very least an IP Audit should identify just what IP assets are owned by a business and just how important those are to the firm. As an example, let’s take the mythical Company, Aglaia. Aglaia is an SME employing 50 staff and has both import and export potential for its patented tea-tree formulations and associated health products. The company has been reasonably successful but faces stiff competition in the niche “Natraceutical” market. The Company has a house brand and a number of product brands.

The first step in the Audit process is to identify the readily identifiable IP. Assets falling into this category will include any registered trademarks, copyrights, designs or patents owned by the business, any licenses to third parties and any licenses from third parties, including cross-licenses. Also included in this category are things such as in-house work manuals, databases, recipes, franchise agreements, publications and product/process know-how. Once identified the IP’s are then scrutinized to determine who owns them, whether they have not lapsed (remain registered) and enforceable and whether they are being effectively used. The Individual components are also given an importance rating – by looking at factors such as whether or not they are embodied to core technologies, the life expectancy of the underlying IP in the said technology and the potential or actual exclusivity of the technology.

The second step is to itemize what might be termed external or market influences. These will include the company brand, product brands, company and product get-up, goodwill, product certification, export certifications, regulatory approvals, distribution and raw material networks, client lists, and marketing and advertising programs.

In trying to estimate the value of any of these items, a good question to ask is how much will it cost to replace the item if it were lost, what is the expected income, e.g. in the next five years, that can be generated by the underlying IP assets and how is it being used. Several IP valuation methods can be used to establish the value of an underlying IP asset.

To conclude, an IP Audit makes sound business sense. Not only can an Audit identify company strengths and weaknesses, it is also an extremely useful tool that can be used to bring together all of the different departments within an organization. All departments have an interest in some shape or form as to how a product is made, what goes into the product, how it is packaged, marketed and the price at which it is placed on the shop shelf – and as stated at the beginning -
“if you don’t measure it, you can’t manage it”.
Read more

Communication under Indian Contract Act and its effects | Contract Drafting Essentials

Read more

How to address problems with banks? - Big Helpers Community

Read more

Legalsutra | Law Students' Knowledge-Base – Law School Projects, moot court memorials, class and case notes and more! « Legal Research Made Easy!

Read more

Law Khoj - Comprehensive Indian Legal Research

Read more

Credit Consumers Association « Protecting Your Interest!

Read more

Lawmatters: Things that matter in law and more

Read more

The Recovery of Loans

The accepted practice is for people to approach civil courts for relief in respect of civil offences and for criminal offences to be tried in criminal courts. In addition to this, no one can be sent to gaol because of having committed a civil offence. Neither can people be jailed merely because they are unable to repay debts. This has been accepted not only at the national level but has in fact been enshrined in international covenants which have been signed by a vast majority of the world’s countries.

However, there are times when some financial entities and assorted money lenders have been accused of trying to turn civil wrongs into criminal offences by abusing the legal process. In all probability
this is done to pressurize borrowers to repay money.

The method which is apparently usually used is to accuse the borrower of having cheated and having committed a criminal breach of trust. Both cheating and criminal breaches of trust are offences under the Indian Penal Code, the former in the infamous Section 420 and the latter in Section 406.

High Courts are of course empowered to stop this from happening and frequently do. In the case of Alpic Finance v. Sadasivam, the Supreme Court upheld the order of the High Court quashing a criminal complaint against a borrower under such circumstances.

Also, although lawyers often use the ‘cheating and criminal breach of trust’ template, it is unclear exactly how it is possible to be guilty of both offences at the same time considering that, as the Madras High Court held in the 1936 case of R v. McIver, the two are incompatible. One rests on an intention to deceive while the other rests on a foundation of trust, so to speak.

Even if it is somehow possible to commit the offences simultaneously, the fact remains that civil wrongs are not to be disguised as criminal offences, and ordinarily, it should be possible to prevent this from happening by approaching the High Court.

Read more

Partnership Deed | Dissolution Deed | Other Partnership Agreements and Forms

Read more


Read more

Make Business Cards - Free PDF Cards

Read more

Maintainability of the Bail Applications in High Court: Time to Ponder

Maintainability of the Bail Applications in High Court: Time to Ponder

Through this detailed article I make an endeavour to show that the bail applications being filed in the High Courts entire the country are not maintainable and the Hon’ble High Courts do not have any jurisdiction to even entertain the bail petitions, what to talk of passing any order.

It is a known fact that Chapter 23 of Cr.P.C. deals with provisions specifically related to bail but the epicentre of my article shall not be all the provisions related to bail but shall be Clause 1 of Section 439 Cr.P.C. Before trying to interpret Clause 1 of Section 439 Cr.P.C it becomes pivotal to mention here that bail applications in the courts, across the whole country, are firstly filed in the court of Magistrate. When the bail applications get dismissed from the court of Magistrate then bail applications are moved, u/S 439 Cr.P.C., in the court of Sessions. If the Court of Sessions grants bail to an accused-applicant then the matter ends but if the Court of Sessions rejects the bail then an accused-applicant rushes to the High Court for seeking bail u/S 439 Cr.P.C. This trend is being followed in all the courts of the country. Now reverting to Section 439(1) Cr.P.C., it reads as follows:

Section 439: Special powers of High Court or Court of Session regarding bail-
(1) A High Court or Court of Session may direct-
(a) That any person accused of an offence and in custody be released on bail and if the offence is of the nature specified in sun-section (3) of Section 437, may impose any condition which it considers necessary for the purposes mentioned in that sub-section.
(b) That any condition imposed by a Magistrate when releasing any person on bail be set aside or modified.

Under Section 439 Cr.P.C. concurrent powers have been conferred to the High Court and Court of Session in matters relating to the grant of bail as the word ‘or’ provides equal powers to both the courts. This remains an undisputed fact. Now, the question which always trickles and boggles my mind is if the bail application has been moved by an accused person in the Court of Sessions u/S 439 Cr.P.C. then can he move another bail application before High Court also u/S 439 Cr.P.C.? I think that the answer to this query should be ‘NO’ as Section 439(1) Cr.P.C. provides an option to an accused person to move the bail application, once it gets rejected from the court of Magistrate, either in the Court of Session or before the High Court.

Through Section 439 Cr.P.C. legislature wanted to confer an option to an accused person to move the bail application, once it gets rejected from the Court of Magistrate, to either the Court of Session or the High Court. That’s why it had used the word ‘or’ conferring equal powers to both the courts in matters relating to the grant of bail. If the accused person did not want to move the bail application in the Court of Sessions, because of certain unavoidable reasons, then he could have moved the bail application in the High Court. This is what Hon’ble Apex Court has also said in Gurcharan Singh and others v State(Delhi Administration)((1978)1 SCC 118)(Para 24) :

“24. Section 439(1) Cr.P.C. of the new Code, on the other hand, confers special powers on the High Court or the Court of Session in respect of bail. Unlike under Section 437(1) there is no ban imposed under Section 439(1) Cr.P.C. against granting of bail by the High Court or the Court of Session to persons accused of an offence punishable with death or imprisonment for life. It is, however, legitimate to suppose that the High Court or the Court of Session will be approached by an accused only after he has failed before the Magistrate and after the investigation has progressed throwing light on the evidence and circumstances implicating the accused. Even so, the High Court or the Court of Session will have to exercise its judicial discretion in considering the question of granting of bail under Section 439(1) Cr.P.C. of the new Code. ….”

Let me illustrate a very simply paradigm to explain the things clearly. Suppose a father says to his son “Son, you can spend your summer vacations of 2010 in Canada or in London.” This will provide a choice to the son to choose his summer destination which can be either Canada or London. This interpretation will never mean that son has been provided with an opportunity to visit both Canada and London during summer vacations. He has been allowed only to visit either of the two places. Suppose Son spends his part summer vacations in London and returns to his house and then seeks leave from his father to visit Canada. The father will straightaway refuse to grant any leave to visit Canada because he had only provided one of the two places for summer vacations. He never intended both the places. Here the word “or” cannot be interpreted as word “and”. The same thing must be considered in Section 439(1) Cr.P.C. Unfortunately instead of the intention of the legislature being followed, in letter and spirit, a wrong custom has developed in all the High Courts to entertain and decide the bail applications only after they get rejected from the Court of Session. It looks as if High Court sits as a court of appeal over the Court of Session in matters relating to the grant of bail, confirming, reversing, altering the findings and order recorded by the Court of Session, which is legally not tenable.

The Constitution Bench of the Hon’ble Apex Court has further defined the word ‘or’ in M/s Ranchhoddas Atmaram and another v The Union of India and others(AIR 1961 SC 935)to mean either of the two. Para 13 of the aforesaid ruling states

“ 13. It is clear that if the words form an affirmative sentence, then the condition of one of the clauses need only be fulfilled. In such a case “or” really means “either” “or”. In the shorter Oxford Dictionary one of the meanings of the word “or” is given as “A particular coordinating two(or more) words, phrases or clauses between which there is an alternative.” It is also there stated, “The alternative expressed by “or” is emphasised by prefixing the first member or adding after the last, the associated adv. EITHER.” So, even without “either,” “or” alone creates an alternative. If, therefore, the sentence before us is an affirmative one, then we get two alternatives, any one of which may be chosen without the other being considered at all. In such a case it must be held that a penalty exceeding Rs.1,000 can be imposed.”

Through the above mentioned case Constitution Bench of the Apex Court clarified way back in the year 1961 as to what word “or” really connotes. A 3 Judges (Division) Bench of the Hon’ble Supreme Court further got an opportunity to interpret the word “or”. In Manmohan Das Shah and others v Bishun Das(AIR 1967 SC 643) the Division Bench tried to interpret and differentiate between the word “or” and “and”. Para 6 reads as follows

“6.In our view Clause (c)of Section 3(1) cannot bear the construction suggested by Mr. Desai. The clause is couched in simple and unambiguous language and in its plain meaning provides that it would be a good ground enabling a landlord to sue for eviction without the permission of the District Magistrate if the tenant has made or has permitted to be made without the landlord’s consent in writing such construction which materially alters the accommodation or is likely substantially to diminish its value. The language of the clause makes it clear that the legislature wanted to lay down two alternatives which would furnish a ground to the landlord to sue without the District Magistrate’s permission, that is, where the tenant has made such construction which would materially alter the accommodation or which would be likely to substantially diminish its value. The ordinary rule of construction is that a provision of a statute must be construed in accordance with the language used therein unless there are compelling reasons, such as, where a literal construction would reduce the provision to absurdity or prevent the manifest intention of the legislature from being carried out. There is no reason why the word “or” should be construed otherwise than in its ordinary meaning. ……”

Section 24 I.P.C. defines Dishonestly as “ Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, is said to do that thing dishonestly.” Here also the interpretation of the word “or” shall be done in the same way as it was done earlier in the other cases. Thus, causing only wrongful gain or only wrongful loss to any person shall be sufficient to come within the definition of dishonestly. This has been affirmed by the Supreme Court in Dr. Vimla v The Delhi Administration(AIR 1963 SC 1572).Para 5 reads as follows:

“…………To illustrate, in the definition of “dishonestly, wrongful gain or wrongful loss is the necessary ingredient. Both need not exist, one would be enough………..”.

In the same way Section 397 Cr.P.C. provides the concurrent powers of revision to both the Sessions Court and the High Court by virtue of the word “or”. But in revision opposite trend is followed. A person moves a revision petition either in the Court of Session or the High Court and not in both the courts. This is the prevalent trend in all the courts of the country. The noticeable thing is that the word “or” is there in both the Sections- Section 397(1) Cr.P.C. and Section 439(1) Cr.P.C. but is being interpreted in a different way in both the sections. A revision petition once filed in the Court of Session and dismissed is not filed again in the High Court as both enjoy concurrent powers in matters relating to revision but a bail application moved before the Court of Session if gets dismissed is again moved in the High Court though both the Courts enjoy equal powers in matters relating to the grant of bail. In C.B.I. V State of Gujarat ((2007)6 SCC 156)(Para 4) SC has clarified that against the order of C.J.M. under Section 397 Cr.P.C. either the Sessions Court or the High Court could be approached. Lawyers and Judges are aware that once revision gets dismissed another revision does not lie. This is by virtue of Section 397(3) Cr.P.C., which debars any further revision by the same person whose revision has been dismissed earlier. There is no such provision in Section 439 Cr.P.C., which debars filing of further bail application if the bail application gets rejected once. Absence of any such provision would not change the interpretation of word “or”. So, if any such provision would have been there in the statute then there would not have been further bail petitions, once the bail application is filed before the Court of Session.

The next question which makes my mind anxious is that can the High Court entertain the bail application directly after it gets rejected from the court of Magistrate? The answer should be a big yes as u/S 439 Cr.P.C. it can be approached directly bypassing the court of Session but I fear it might invite wrath of the Hon’ble Judges and the reporting section of High Court as it has been mandated by law to annex the bail rejection order of the Court of Session in the bail petition. Clause 1 of Rule 18 of the Chapter 18 of Allahabad High Court Rules,1952 says

18. Application for bail----(1) No application for bail shall be entertained unless accompanied by a copy of the judgment or order appealed against or sought to be revised and a copy of the order passed by the Sessions Judge on the bail application for the applicant and unless the accused has surrendered except where he has been released on bail after conviction under Section 389(3) of the Code of Criminal Procedure,1973.

So, Rule 18(1) of the High Court Rules mandates to annex the copy of the bail rejection order passed by the Sessions Judge, which indirectly implies that one has to move the bail application first before the Court of Session and then the High Court. The Rule thus tries to interpret the word “or” used in Section 439 Cr.P.C. as the word “and”, which is legally not feasible. It is also widely known that if there is a conflict between any Central law and the State law(local law) then it is the Central law, which prevails. The way High Courts are entertaining and deciding the bail applications, it appears as if they are sitting in a court of appeal in matters relating to the grant of bail. The Sessions Judge dismisses the bail application but the High Court allows the bail application. Can the High Court entertain and pass any order opposite to the order passed by the Court of Session, though both enjoy the concurrent powers? If not, then why this rampant practice is not being curtailed. It is further relevant to mention here that Supreme Court too grants and cancels bail. Supreme Court is not permitted by any law to do that as there is no specific provision in the Cr.P.C. which confers powers on the Supreme Court to grant or cancel bail. Supreme Court derives such powers by virtue of Article 142 of Constitution. It is an extra constitutional power conferred upon the Supreme Court to do any act for the sake of justice but the High Court does not enjoy any such powers in matters relating to bail. High Court enjoys only vast powers under writ jurisdiction and 482 Cr.P.C.

High Court is governed by Chapter 23 of Cr.P.C. only in matters relating to bail. It is governed by provisions of statute. In matters relating to bail High Court does not enjoy any vast or inherent powers where it can do anything for the sake of justice. I don’t say that High Court does not have powers to grant bail nor can I dare to say that. Question is when and how can High Court exercise the powers to grant or refuse bail. If the word “and” would have been used in place of the word “or” in Clause 1 of Section 439 Cr.P.C. then position would have been much different. If word ‘and’ would have been used in lieu of ‘or’ then u/S 439 Cr.P.C. both the courts would have powers(not concurrent powers) to grant or refuse bail. Then if the bail application of a person would have been rejected from the Court of Session then definitely he would have got a statutory right to move the bail application in the High Court. But apex court further says that penal provisions are to be interpreted strictly and not leniently as has been held in U. Suvetha v State by Inspector of Police and another (2009(3)ACR 2889(SC))(Para13) and R. Kalyani v Janak C. Mehta and others (2009)1 SCC 516)(Para 36).So, the word “or” cannot be interpreted as word “and”. Moreover, the word “or” can prove to be more beneficial as allowing an incarcerated person to move the bail application in only one of the two courts u/S 439 Cr.P.C. would not only save his time and money but it will also reduce the burden of cases in the courts.

I hope my effort today would prove to be fruitful, open the eyes of readers and will force the legal think tanks to delve into the issue and understand the concepts in a correct way. There are many other topics on which I wish to write. There are many issues which need reconsideration; after all it’s a dynamic field of law.

Read more

Knowledge for Lawyers | A blog about KM in the legal sector.

Read more

Update knowledge, Justice Kapadia tells judges, lawyers, Law News - By Indiaedunews.net

New Delhi: Chief Justice of India-designate Justice S.H. Kapadia on Sunday said that it was incumbent upon judges and lawyers to learn commercial laws to compete in global environment and to lend stability to the recession-hit economy.

Delivering the valedictory address at a two-day national consultation for second generation reforms in legal education here, Justice Kapadia said: "I am reliably told that an impression is being formed that the judges and lawyers in India do not even conceptually have any knowledge of business and commercial laws."

He said knowledge of economic and accountancy laws was a pre-requisite for the stability of the economy hit by recession.

Justice Kapadia pointed to his own yearning for updating knowledge and said: "I live like a hermit and work like a horse."

In his address, the Chief Justice-designate dealt with several issues including judicial activism, role of senior lawyers in legal reforms and the nature of the legal education that should be imparted to budding lawyers.

Expressing concern over the impression about lack of knowledge among lawyers of business and commercial laws, Justice Kapadia said it was detrimental to the interests of advocates.

As a result of this, some of the legal work involving preparation of contracts is getting routed to foreign law firms, he said.

In this context, Justice Kapadia said that interpretation of the production sharing contract was a difficult area and "we are not up to the mark" in it.

In an apparent disapproval of judicial activism, Justice Kapadia said judicial activism and judicial restraint were two inter-linked facets of a court's functioning.

"If judicial activism goes beyond a point, then it is against the principle of judicial restraint," he said.

The Chief Justice-designate chided senior lawyers for their lack of seriousness for deliberation involving judicial reforms or legal education.

"I don't see that kind of dedication among the senior lawyers. Could they have not spared half an hour time? Are they so busy?" he asked.

Addressing law students, Justice Kapadia said there was a difference between intelligence and intellect. He said that what we need in our students is intellect - a probing mind.

He said that "experience and a probing mind is the very basis of intellect and you (students) need to nurture it".

Talking about teachers imparting legal education, Justice Kapadia said: "What we have said about lawyers and judges equally applies to the professors."

He said that professors of law institutions too should brush up their knowledge of the commercial laws.

Presenting the resolution adopted by the two-day meet, Law Minister M. Veerappa Moily said that the legal system was in a state that required major surgery to put it on track.

"We need a major surgery. A mere a dose of medicine would not cure all that is ailing our legal system," Moily said.

The law minister said: "We look forward to the type of dramatic changes (as suggested by the prime minister in his inaugural address on Saturday) under the leadership of Chief Justice-designate Justice S.H. Kapadia."
Read more

Tejpal sheth welcomes you to the world of law: Oct 9, 2007

Read more

Rule of Law in India & UK

Read more

Articles � Blog Archive � Principles of Natural Justice

Read more

Why the Hon’able Court Must Hear Us � Arun Shouries Articles

Read more

From the Archives

Read more

Common Law

Read more

Common Law: How to File a Writ Petition or PIL Writ Petition

Read more

Views and Reviews

Read more

Laws of India : The Tamil Nadu Buildings (Lease and Rent Control) Act, 1960

Read more

சட்டம் நம் கையில்

Read more

Law Junction | Implimenting idea's into action |

Read more

DSpace@University of Delhi: Home

Read more

Interpretation of Statutes: Presumption of Jurisdiction: Conflict in Domestic and law and Treaty

Read more

Latest & Important Judgements: DINESH KUMAR Versus YUSUF ALI

Read more

interpretation of statutes - literal rule, golden rule, mischief rule, rule, domestic, social policy rule, strict construction

Read more

Legal Software - Free software downloads and software reviews - CNET Download.com

Read more

Legal Software - Free software downloads and software reviews - CNET Download.com

Read more

Adv Yogesh Naik's B-law-g

Read more

Conflict of interest - Ram Jethmalani and Kamini Jaiswal spat

"If two senior advocates fight like this in the Supreme Court, I wonder what would be the plight in the lower courts," remarked a three-judge bench headed by Justice D.K. Jain, commenting on the spat between Senior Advocates Kamini Jaiswal and Ram Jethmalani.
Justices DK Jain, Justice Sathasivam and Aftab Alam in Court Hall No. 5 were hearing 8 petitions which were clubbed together, regarding the Gujarat riots. The counsel list included Senior Advocates Harish Salve and Prashant Bhushan being assisted by more than 50 junior lawyers in this matter including Litigation Partners of various firms.
The exchange started when Senior Advocate Kamini Jaiswal objected to Jethmalani taking up the brief on behalf of former Gujarat legislator Kalu Bhai Maliwal to challenge an April 2009 order. The Supreme Court had, on April 27 last year, ordered a probe to be conducted by a Special Investigation Team (SIT) to look into the 2002 Gujarat riots incidents. The Supreme Court had also directed the probe team to investigate the roles of legislator Maliwal and other politicians including Chief Minister Narendra Modi.
IANS reported verbatim the exchange between the senior counsels. “The fact that Jethmalani had earlier sought the transfer of the trial of all riot cases outside the state indicated that he was convinced with the culpability of state functionaries in fomenting the communal trouble”, she said, maintaining that advocates must observe some consistency in taking up the briefs.
Responding, the Bench commented that they “cannot decide what briefs the lawyers should take”. "Let a lawyer's conscience decide what brief he should take up." When Jaiswal responded by saying, "It's not parliament that a lawyer should change sides," an infuriated Jethmalani said, "You are too small for saying that." Jaiswal contended that in a courtroom, lawyers stood on equal footing.
Speaking to Bar & Bench Advocate Ramesh Pukhrambam, who was present in the Court asks, “By the courts records, one can see that Mr. Jethmalani had represented the victims earlier. Now, he is representing the accused in this matter. Isnt this conflict of interest?”
Ram Jethmalani had earlier represented Centre for Peace and Justice, an NGO that had filed an application to hand over the investigation of the Gujarat riots in a separate matter although connected with the larger issue of Gujarat riots.
Jethmalani had spoken to the media in 2009 and had offered his assistance to the Supreme Court on the Gujarat riots cases when the court had invited senior members of the Bar. "Since it would have been embarrassing to come and offer my assistance, I was looking for an opportunity” he said.
This throws a larger question of the definition of conflict of interest? Whether these litigations were connected to each other for conflict to arise? The Bar Council Rules on Professional Standards only says, “An advocate who has, at any time, advised in connection with the institution of a suit, appeal or other matter or has drawn pleadings, or acted for a party, shall not act, appear or plead for the opposite party”. Going by this limited definition, one can argue that no conflict exists, on technical grounds, if the opposite party is not the same side.

Read more

Trade Mark Judgements

Read more

Lawyers Forum

Read more

IAS OUR DREAM: Directive Principles of state policy

Read more

Legal notice against Pirate Bay and their reply

Read more

Index of /downloads

Read more

LawProse.org, We're Changing the Way Lawyers Communicate

Read more

Law | TopNews

Read more


Will is a document that ensures your wishes with respect to your assets and property are followed after your death. Problems and complications arise when a person dies interstate i.e. without leaving a Will behind.

Do not thus put off writing a Will since it can put the survivors behind you in great predicament after you.


A Will is defined as “The legal declaration of the intention of the testator, with respect to his property, which he desires to be carried into effect after his death.” In other words, a Will or a Testament means a document made by a person whereby he disposes of his property, but such disposal comes into effect only after the death of the testator.

Codicil is an instrument made in relation to a Will, explaining, altering or adding to its dispositions and is deemed to be a part of the Will.

Executor is the legal representative for all purposes of a deceased person and all the property of a testator vests in him.

Legatee/Beneficiary is a person who inherits the property under a Will.

Probate is a copy of the Will, duly certified under the Seal of a competent Court.

Testator is a person making a Will and executing it.

Essential features:
The documents purporting to be a Will or a testament must be executed by a person legally competent to make it;

Every person, capable of making a Will must be:

o not a minor;
o of sound mind;
o free from fraud, coercion or undue influence;

The declaration should relate to disposition of the property of the person making the Will;

The declaration as regards the disposal of the property must be intended to take effect after his death;

The Will must be properly signed and witnessed;

It must be initialled by the testator at the end of every page and next to any correction/alteration;

There are no language restrictions on writing of a Will. A Will can be written in any language, the words, however, should be clear and unambiguous so that the intention of the testator is reflected in his Will.

Stamp Duty
No Stamp duty is required to be paid for execution of a Will or a Codicil.

Attestation and Registration:
A Will must be attested by two witnesses, who must witness the testator executing the Will. The witnesses should sign in the presence of each other and in the presence of the testator;

It is not mandatory for a Will to be registered.
Read more

Stare Decisis and Techniques of Legal Reasoning and Legal Argument

Read more

Set up a Law Firm — Entrepreneur India

Set up a Law Firm

You might be a very capable lawyer, but running a business around your skills and qualifications is altogether a different ballgame. However, like all things business, having a plan and going step-by-step will make it a cakewalk.Registrations & Qualifications
To practice law in India, you must be at least 21 years old and hold a law degree from any Indian or foreign university recognized by the Bar Council of India. You must also be registered with any of the State Bar Councils in India. Although you can start your own firm as a fresher with guidance from established lawyers, a few years of work experience will not hurt at all.Practice Development Planning
A ‘Practice Development Plan’ is necessary to help you evaluate your strengths, weaknesses and the resources required to set up a law firm. This evaluation will give you a road map as well as a timetable for where you have to go and when to get there. Proper practice development planning begins with deciding on the kind of entity you propose to establish: a sole proprietorship or a partnership. Both these entities have their own pros and cons. For example, in a partnership, you could diversify your areas of expertise and quickly obtain additional sources of capital and clients. On the other hand, in a sole proprietorship, you will have increased flexibility, play a lead role in assignments, and can develop direct relationships with clients. Eventually, your practice’s growth will dictate when and how you will scale up.Name your firm
You would want to get the name of your law practice out to as many potential clients as possible. The name should be easy to remember and should relate to your practice. If you are setting up your practice with partners, you may consider a neutral name, the names of all the partners, or an acronym.The Practice Area
You should be certain about the areas in which you wish to practice. It is food to focus on more than one practice area; so, besides your core competency, also include the general practice of law. In many cases, clients have diverse legal needs and prefer ‘cheap generalists’ to expensive specialists. A general practice can thus develop into a more specific practice, based on clients’ needs and emerging market requirements.Location & Office Space
A lawyer’s office should be strategically located and accessible to existing and potential clients. If your main practice area is litigation, renting a chamber within the court complex in addition to your primary office may be a good idea.If you intend to set up a transactional-centric law practice, an office in a commercial building could be your best bet. On an average, 150 square feet of usable area per lawyer is required. In addition, you will need space to set up your reception, library, accounts department, IT department, etc.Practice Development
Once set up, the next step is to develop your client base. To achieve this, you should become a member of the several Indian and international chambers of commerce and bar associations, such as your local bar associations, the International Bar Association, FICCI and ASSOCHAM.You should also enter your firm in noteworthy international law directories, including Martindale Hubbell and the Asia Pacific Legal 500. You could also identify and execute a strategic alliance with foreign law firms, as this could result in a cross-referral of work.Lawyers & Staff
Engagement programs need to be developed to attract and retain committed, enthusiastic lawyers who will increase your firm’s profitability. To avoid misunderstandings with other lawyers, retainership agreements are commonly executed, detailing the terms of compensation and retention. These agreements should set monthly or annual billing targets in order to increase the productivity and efficiency of your lawyers.You should also develop a team of of-counsels, chartered accountants, company secretaries and consultants to serve your clients’ needs. Keeping the right employees actively involved in your practice is critical for long-term profitability and growth.Appointing a team of competent administrative staff—office managers, a receptionist, a chief information officer, IT technicians, accountants, support staff—is critical to the sustenance of your practice as well. Do practice the same diligence in their appointment.Accounts & Billing
The most important part of setting up and sustaining your law practice will be getting your clients to pay. Knowing a client’s preference regarding the wording or presentation of invoices is very helpful.Clients often have difficulty in paying for something they cannot see or feel, such as your professional advice. The source of information for invoices is your time records.If you have recorded all the work you have performed, preparing invoices will be a matter of transferring the narration of the services rendered from your time records to the invoices.To avoid any misunderstanding regarding the payment of your professional fees, you should draft your fee engagement agreement carefully; describe the scope of work and the fee you would charge for it.Technology
You must devote substantial time and resources to the protection of your data and information from unauthorized use. It is important to ensure that data and information is not damaged due to technical problems. Keep a regular backup of all your data at an offsite location as part of your disaster management plan.Advertising & Website
The Bar Council of India Rules initially prohibited an advocate from soliciting work or advertising, either directly or indirectly. Last year, however, the rule was amended to allow only the following information to be advertised. However, this also can only be advertised on the internet and not on print, radio or television:(1) Name of the firm
(2) Address, telephone numbers and e-mail id
(3) Your enrollment number, the date of enrollment, the name of State Bar Council where you originally enrolled, the name of the State Bar Council on whose roll name you currently stand, and the name of the Bar Association of which the advocate is a member
(4) Professional and academic qualifications.
(5) areas of practice.

Article Source: http://entrepreneurindia.in/set-up-a-law-firm/1308
Read more

How to start up your own law firm | Analysis | Legally India - News for lawyers | Indian law firm, law school & student news and community |

Are you dreaming of becoming the next Zia? India is the world's only major legal market where you can still do more than just dream.

Legally India has asked more than a dozen legal entrepreneurs for their advice on how to live that dream.

"If you feel if you are not able to achieve what you want in larger firms with larger brand names, there is enough work to sustain and flourish when you set up on your own," claims Lex Counsel's co-founder Dimpy Mohanty.

Why would you?
"The usual reasons," muses Lexygen founder Vijay Sambamurthi, "the entrepreneurial bug more than anything else."

ABM Law Associates founder Abhishek Mathur blames aspiration: "It's something I've always wanted to do."

IP Gurus founder Pooja Dodd says she was looking for professional independence when she set up a new IP boutique earlier this year.

Indus G&D Law co-founder Gaurav Dani move to found Induslaw was "prompted simply because we couldn’t see ourselves working in those family driven firms".

That angle can be significant from a financial perspective too. Tight, family or 'lala firm' equity and organisational structures often make the idea of creating your own equity attractive.

"If successful, there is more money in this model than anywhere else," claims Indus' Dani. He explains that financially, he is now in a much better position than he would have been had he stayed at some of the large firms where he would probably be a partner or on track to partnership.

"One good feeling you have when working on your own is you think that the sky's the limit and you can do a lot of things," recalls Legal Spectrums' founder Asim Abbas.

Bright strategies
"Money is important but there's also such a thing as dream and a passion," explains Dani about Induslaw's initial idea. "There is a huge market in the mid-market area and there's no law firm offering that service and we felt that a law firm could tap into the market."

"What I thought was that there is no telecom law firm in the market," says Legal Spectrums Asim Abbas, who started up a niche telecoms practice.

Lexygen went for the niche private equity field.

But near full-service start-ups also exist and bright ideas do not just have to be restricted to an area of law.

"I had – and continue to have - certain strong ideas, how to build an organisation and what kind of organisation to work for myself," Lexygen's Sambamurthi told Legally India. "I figured the most effective and convincing way of doing it is to put my own equity into it."

Narasappa, Doraswamy & Raja was set up in 2006 on the premise of the three founding partners all having significant overseas experience and being "able to offer clients international drafting style at Indian price", explains the firm's co-founder Siddharth Raja.

Small hurdles
The barriers of entry in India – at least for local lawyers - are very low, whereas liability insurance and huge property costs can make it all but impossible to break into London or New York's legal scene.

"A maximum of about Rs 2 lakhs is sufficient to have a proper office at home," says Legal Spectrum's Abbas.

He explains that there are two different models for establishing a law firm. "The first is that you go for heavy investment in terms of infrastructure and lawyers' costs, which requires a lot of capital. Once you have everything in place, you get a revenue stream and clients."

"I followed a different model," he continues. "Start low with low infrastructure development and get clients and a revenue stream fast and follow on from there."

Abbas began in January 2008 and today still operates from his residence together with three other lawyers who also operate from their homes, although a real office is soon on the cards.

A disadvantage, he says, is that he has lost clients demanding a "proper" team and office, despite his long-time industry and client contacts. "But rightly so," he admits, "because an office and team give a comfort level to the client."

While the rate of growth with such a model can be lower, so is the risk.

"Because overhead costs are less you can survive on very minimal billing and in bad times, people look for cheaper options," argues KNM & Partners co-founder Vipender Mann. "There is an opportunity for small firms to survive."

Why wouldn't you?
Running a law firm is very different from working in one. Say what you will about law being a profession, at the end of the day you will be in charge of a business.

IP Gurus now has a team around five but Dodd says that nevertheless, as an individual you end up wearing a lot of different hats, doing admin, HR and everything else that is usually taken care of behind the scenes. And that is on top of getting clients and generating fees.

"It has been a lot more difficult than anticipated, but I'm surviving," she jokes.

Leaving the fold of a larger law firm will also see you waving goodbye to big-ticket transactions and brand equity for the foreseeable future.

"Goodwill is a big problem," agrees KNM's Mann. "Initially you have a big problem convincing people who you are." Often clients will also like the assurance of an established firm, which can be more comfortably blamed if transactions should go wrong.

Lex Counsel's Mohanty complains: "Particularly with government projects, they don't consider your previous experience in previous law firms - they want your experience to be in the firm where you're pitching for work."

Clients will instinctively also be looking to squeeze new firms on price, particularly if pitching against the established players. "People expect you to be rather low down with the billing, which is not what you want to project," she says.

An unknown brand also puts you into a difficult human resource Catch 22, without a flood of unsolicited CVs landing on your desk every day as is the case at the big firms.

ABM's Mathur says that for a start-up it is very important to have a "quality team" but most start-up firms do not have the deep pockets to hire the best or most experienced people in the market.

Managing cash flow is another initial challenge. "It is a shock to adjust," remembers Abbas. "I started Legal Spectrum in January and got my first payment in May – for four months there was no payment. If someone does not have the buffer for four or five months, you will have sleepless nights."

Branding can also make recovery harder, as larger firms often have the leverage to gently force clients to pay-up, despite clients themselves also suffering under a cash crunch.

"You need the money but clients do tend to take much longer than what you were either promised or expected," recounts ABM's Mathur. "And you have to be very careful with a client, because you can't be seen to be harsh or impatient to get the money."

How do you?
"It was hard initially," remembers Indus' Dani. "But we started getting small work, some advice, some opinion work and started to do that work to keep it ticking. And somehow you end up in a transaction and you end up with more than you can handle."

But before you rush to hand in your notice, good planning is vital.

"My advice is to make sure to know exactly what you're getting into – look at things you would never imagine," advises IP Gurus' Dodd. She says that initially she was doing almost no legal work and mostly dealt with recruiting, establishing systems, writing firm and lawyer profiles, trying to build a website (and seeking permission from the Bar Council of India) and more.

A good business plan should also include a good idea of where your money will come from.

"Ultimately for a law firm, when you leave, the biggest support comes from your existing client base," says Phoenix Legal co-founder Abhishek Saxena, adding that it is not easy for a start-up to get support from new clients.

Before leaving, most entrepreneurial lawyers therefore test the waters. "[Start-ups] generally discuss with their clients, 'if I start on my own, will you support me?', or they have some kind of understanding with in-house counsel or CEOs," sayd KNM's Mann.

While some small mandates might be thrown the start-up's way, many bigger clients' hands are often tied when it comes to institutionalised adviser relationships.

Family connections can help but will not replace hard work.

If you are leaving with a crowd, you should also be very clear on how costs, revenues and responsibilities are shared. "You need to make sure that you are along same wavelength," says Phoenix's Saxena.

"In the current day and age you'll have to spend more time with your partners than with your better half - you need to have a clear business plan charted out," he quips.

Golden years
All lawyers interviewed for this article report they are doing well and are happy with their career choice.

But this is perhaps not a surprise. 2003 to 2008 were the "golden years", remembers S&R Associates co-founder Sandip Bhagat, who set up in 2005. Most Indian firms grew very rapidly in that period but since then the market has gotten a lot more crowded and the economy has slowed.

So is it now too late to become the next ALMT, AZB, JSA, Luthra & Luthra or Trilegal?

"There is far more intense competition," agrees ABM's Mathur. "There is scope for another 100 similar placed law firms like me, there's enough work for everyone, but I don't know how fast you can become a law firm with a critical size, revenue and all-India presence now."

Nevertheless, opportunities exist to enter the big league, particularly if start-ups start merging and establishing a national presence, as many plan to do.

"It is not at all too late to start, there is enough depth in the market," claims Indus's Dani.

Phoenix's Saxena adds that "if you are confident in your abilities I don't think there is a real risk".

However, it will be a long road. All legal entrepreneurs agree that perseverance, hard work and consistency are the key qualities required.

After all, for the first few years your baby will only ever be as good as its last piece of advice.

But it will also be your very own baby.

Article Source:http://www.legallyindia.com/20090910179/Analysis/The-how-and-why-of-starting-up-your-own-law-firm
Read more

How To Get New Clients For Your Law Firm

Your law firm needs new clients in order to stay in business. Many law firms do not actively market their services and thus miss many potential clients. Since the demand and supply dynamics keep changing, it is crucial to keep ahead of competition and promote your services. Here are some methods of reaching out to potential clients.

1) Referrals

Most law firms get in touch with potential clients through a network of common friends and acquaintances. See who among them know potential clients, and (subtly) ask them to refer your firm to those who might be looking for the services of an attorney.

2) Website

Having a well designed, informative website is crucial for law firms looking for new clients. Most people look up law firms on the Internet, and you can make things easier for them by putting up online forms they can fill if they need more information about your services. Search engine optimization is also crucial if you want people to find you through search engines. Hire the services of an SEO firm to ensure that your website is ranked high on search engines.

3) Seminars

Attend seminars and conventions to publicize the services offered by your law firm. Give speeches and interact with the audience. Try to give small gifts to members of the audience you think may be potential clients or lead you to potential clients. You can also ask for the business cards of these people.

4) Membership of Organizations

Join organizations you think can promote your business. See if the organization has members who are potential clients. Ask your clients if they are members of a particular organization. Never join an organization that cannot help you get in touch with new clients.

5) Advertising

Advertise your services in local radio shows, TV programs, Yellow Pages, and newspapers. Targeted advertising works much better than more expensive mass marketing. Overnight radio shows and cable TV are cheaper than primetime ads.

6) Direct Mailing

Use direct mailing services to promote your law firm. Ensure that the letters are not too long, and carry testimonials of previous clients. Give special offers if you like.

7) Press Releases/Articles

Nothing works like press releases and articles related to law. Be a regular contributor of legal articles to ezines, websites, and newspapers. This will attract readership and ensure that some of the readers know that you are an expert in your field.

These are just some of the methods you can use to publicize yours. Use targeted advertising to reach them. If you need more help in promoting your law firm, you could approach a professional agency for help. Your law firm needs new clients in order to stay in business. Many law firms do not actively market their services and thus miss many potential clients. Since the demand and supply dynamics keep changing, it is crucial to keep ahead of competition and promote your services. Here are some methods of reaching out to potential clients.

Alexander Gordon is a writer for http://www.smallbusinessconsulting.com - The Small Business Consulting Community. Sign-up for the free success steps newsletter and get our booklet valued at $24.95 for free as a special bonus. The newsletter provides daily strategies on starting and significantly growing a business.

Business Owners all across the country are joining "The Community of Small Business Owners” to receive and provide strategies, insight, tips, support and more on starting, managing, growing, and selling their businesses. As a member, you will have access to true Millionaire Business Owners who will provide strategies and tips from their real-life experiences.

Article Source: http://EzineArticles.com/?expert=Alexander_Gordon
Read more

::Welcome to Employment News ::| Govt. Jobs, Jobs in India, Vacancy in Govt. Sector, Career in Govt. Sector

dear sir i am a lawyer with four years experience,i want to know how recruitment is made in indian legal services as i want to join it ?

The Union Government is considering creating a national-level judicial service, on the pattern of the All-India Civil Services, so watch out for updates in the newspapers.

By: Ms. Jayanti Ghose

Each state usually conducts a competitive examination for recruitment to its Judicial Service. Normally, law graduates with a few years work experience are eligible to appear for the judicial service recruitment exam. Some judicial service offices may be appointed as judges based on their experience, credibility, seniority, etc. Experienced practicing lawyers may also be recommended for appointment as judges. The legal profession offers scope for employment in the government, in defence services, in the private sector, in various public sector organizations, in law firms, in private legal practice, in legal process outsourcing, teaching, research, etc. A law graduate may specialize in criminal, civil, constitutional law, in Intellectual Property Rights law, corporate law, etc.

By: Ms. Jayanti Ghose
I am a Law Graduate from C.C.S.University.I want to know about the institutes providing Corporate Law Diploma in Delhi other than Indian Law Institute....(Vikas Malik)

I have also not come across any such notification. Master of Business Law by National Law School of India University, Bangalore (www.nls.ac.in) in distance education mode may serve your purpose. Indicative example.

By: Ms. Jayanti Ghose
Dear Sir, I have completed B.Com.(with only 46% in 2003) and i m housewife. my husband is a lawyer. I want to join LLB as part time or as a distance learning to support my husband. can you recomend any university for me in gujarat or states closed to gujarat?.... (Humayra)

Some of the law colleges offering full time LLB courses may actually hold classes over 4 hours or so. Doing such a programme would be practically worthwhile because you would be eligible to practice as a legal professional. Find out about the schedule of classes of the local law colleges offering LLB. If the schedule does not suit you then consider distance learning. However, this is usually available as a Bachelor of General Law or Bachelor of Academic Laws or Bachelor of Business Law which would give you academic knowledge but would not give you a professional standing in law. Annamalai University (www.annamalaiuniversity.ac.in) offers these programmes. Madurai Kamaraj University (www.mkudde.org) offers Bachelor of General Law. Indicative examples.

By: Ms. Jayanti Ghose
I m a Law graduate and pursuing LL.M. plz suggest me a career after this and I don't want to go in Litigation?.... (Jasveen Kaur)

You could go into teaching, research, consulting, working for a corporate organization, content providing, legal process outsourcing and so on. These are some alternatives to explore. You could keep track of the recruitment notifications in the prominent dailies or use the services of recruitment agencies, job sites etc to locate opportunities.

By: Ms. Jayanti Ghose
i hav done LLb, is there any PG or diploma course in International law, both in India and abroad, which are the best institutions, i heard London is best for international law, plz help?....... (Pooja)

You may be able to locate LLM in International Law in a few law colleges in India, but UK and US would offer many such courses.

By: Ms. Jayanti Ghose
I am a final year student of LLB. (a) please tell me about the scope of LLM and various institutions which give admission on merit and entrances and also their addresses to contact them for further enquiries. (b) would it be better to give state judiciary (pcs-j) exams directly after LLB or LLM. (Satya)

LLM offers you scope for specialisation, consulting opportunities, research, teaching, as also all the options open to law graduates. Many universities admit law graduates into their LLM programmes on the basis of merit. Check with your local university. As far as I am aware, you need to have some professional legal experience before taking the state judicial services examination. However, if you wish to do LLM, complete it and then plan to compete for the judicial service exam

By: Ms. Jayanti Ghose
Hello Sir/Madam, I am student of L.L.B Second year in Shivaji University,Kolhapur.Obviously you will thinking that I will ask the question relating law field,and that right. I want to know that what is actually eligibility regarding "Solicitor". I mean that what will I have to do become Solicitor. And may I have to develop my personality.Please think about this query. Rameshwar Sahadev Kadam

Usually, one has to complete three years of clerkship with a senior solicitor and then pass the solicitor's examination conducted by the Bombay Incorporated Law Society before being able to call oneself a solicitor. For more information, visit www.bombaybar.com/association/bodies.php You could actually talk to a solicitor and get a practical view.

By: Ms. Jayanti Ghose
I have completed B.Com. and 3 years L.L.B course [ and post graduate dba from symbiosis ]. Wish to pursue some distance learning diploma in law field [where eligibility should be LLB and not any graduate] or LLM distance learning course. I have come across many diploma law courses but all of them are basically for ANY graduate and not a law graduate. Kindly advice?.....(Ravindra Natu)

Courses in Forensic Science and Cyber laws may be suitable for you.
Please contact National Law University, NH-65, Nagour Road, Mandore, Jodhpur - 342304 (Raj.)
Email: nlu-jod@raj.nic.in
Banaras Hindu University, Varanasi.
Forensic Sciences Department, University of Madras.
University of Delhi, Delhi.
However, there may be a limited choice as you wish to do a course through correspondence. Normally Correspondence courses in Law are not recognised by the Bar Council of India, so please check if the degree you are considering is recognised. You may also contact National Law School of India, Bangalore for doing suitable course through distance learning. As far as regular courses are concerned you may join MS in Cyber Law and Information Security from the offered by Indian Institute of Information Technology, Allahabad website: www.iiita.ac.in. The eligibility is LLB for joining this course.

By: Ms. Hena Naqvi
I want to do LLB under distance Learning mode. Please advise me of the institutes/ universities from which I can pursue the same?..... (KUMAR RANJAN)

Some of the Universities providing courses under the distance Law education format are listed Below:

i) Annamalai University
ii) Bangalore University
iii) Guru Jambeshwar University, Hisar (Haryana)
iv) Kakatiya University
v) Kurushetra University
vi) University of Jammu
vii) University of Kashmir
viii) University of Madras
ix) National Law School of India
x) Kota Open University

By: Ms. Dr. Reena kumari
I am doing L.L.B. Now please sent me career option in Law Field on the following mail address.

There are many openings as legal advisor in various govt. non-govt. organisations as well as law officer/ public prosecutor etc. Keep watching vacancies in EN and other newspapers.

By: Ms. Hena Naqvi
I just want to know about the course which can be done after llb 5 years course except llM.

There are many courses that law graduates may join. Some of them are P.G. Diploma in Intellectual Property Rights; P.G Diploma in Patent Basics and Introduction to IPR, P.G.Diploma in Patent Litigation,P.G.Diploma in Cyber Laws and Intellectual Property Rights, Diploma in Intellectual property law,Diploma in Intellectual Property Rights (full time), Diploma in Intellectual Property Rights (Distance learning),Certificate courses in IPR etc. for further information you can see the featured article in this website entitled Career in Intellectual Prpoerty rights.

By: Ms. Hena Naqvi

Read more


aletterformat.com(ALF) contains information on all types of letter formats. We guide in , How to write a letter attached with a readymade format in .doc(msword) format. In case you find it difficult to type a letter on your own you may download this readymade formats and make necessary changes to print it out.

Here is the list of readymade sample formats available along with guidance in writing the respective letter.

Covering Letters
Resignation Letters
Job Applications
Requisition Letters
Leave Applications
Scholarship Letters
Admission Letters
Bank Letters
Project Front Page
Acknowledgement Letters
To Whom So Ever It May Concern
Reimbursement Letters
Claim Forms/ Letters
Termination Letters
Appointment Orders
Job Confirmation Letters
Contract Letters
Lease Agreement
and much more.
Read more


Airtel is a premier telecom company in India. They offer services such as Mobile, Broadband, Landline and digitalTV to name a few. Their official website talks about their achievements and stuff. I’m copying their vision statement for the purpose of highlighting how their business practices offend us and how they make our lives miserable.

Airtel Vision 2010

Look at the above image. Their corporate vision is so inspiring but their team lacks it. A simple google search would return thousands of customer complaint against them. View a bunch of complaints here. Based on this I can assure you that Airtel is not loved by their customers as they proclaim(In that case this website would never have popped up).

The reasons for this anguish among Airtel include,

Inconsistent billing
Unethical market practices
Harassing the customers
Poor customer care support
“I don’t care” attitude of the call center executives
In this blog I’m crying loud about these people are harassing me over the past few months.

Note : Airtel and Poor servicing are the Trademarks of their respective owners.
Read more

2010 April | LegalCrystal - Blog

Read more

Eastern Book Company - CJI Speech

Read more

India Inheritance-Inheritance tax and law | Global Property Guide

Read more

Legal Writing Tip - Answering Questions at Oral Argument | University of Louisville Louis D. Brandeis School of Law

Read more

The Top 30 Blogs on Writing :: Delaware Employment Law Blog

Read more

Plain English and modern legal drafting - Part - 1

Part 1: What is plain English—really?

All legal writing should be appropriate for its audience—it should speak to the reader in words, sentences, and forms the intended reader can understand. Thus, transactional legal writing—legal drafting—should be appropriate for its audience: the parties to the transaction and, if they are represented by counsel, their lawyers. But in many transactions, particularly consumer transactions, the parties are not represented by counsel. The transactions are between nonlawyers without counsel or between a sophisticated party, who dictates the terms, and a nonlawyer consumer. Those nonlawyer consumers need plain English. To meet their needs, I offer this broad description of plain-English legal drafting:

Plain English is a form of English that can be read and understand by the typical nonlawyer.
Here are some specific traits of plain-English legal drafting:

Plain English all but forbids insider jargon, legal Latin, and archaic words.
Plain English strictly limits terms of art and always defines them in plain English.
Plain English sometimes requires more words and sentences than traditional legal drafting—to define terms of art and to explain complex subject matter.
Plain English also values brevity and concision—sometimes even at the expense of content.
Plain English often uses the first- and second-person pronouns you and we.
Plain English uses contractions.
Plain English often uses bullet lists, question-and-answer formatting, lots of headings, and document summaries.
Plain English uses shorter-than-average sentences and paragraphs.
For example, here’s a plain-English provision from a form produced by the Texas Office of the Consumer Credit Commissioner:

If I don’t pay an entire payment within 10 days after it’s due, you can charge me a late charge. The late charge will be 5% of the scheduled payment.
That’s plain. But ask yourself if that tone and style are appropriate for a complex, multi-million-dollar transaction between large corporations represented by counsel.

Read more

Home :: indiahowto.com || Detailed "How to.." articles for Indians

Read more

Decisions of the Superior Courts of New South wales, 1788 - 1899

Read more

Reasonable Doubt - Legal Blog

Read more

Law and Morality - Sourav Mandal

Law and morality are too vague to understand. It must be added here that the notions of law and justice can't be captured and presented before us within a few sentences. These notions are too vast that even words are not sufficient to define them. Many jurists from the ancient Greek period to the modern and even the post-modern era have attempted numerously to define these concepts, but have failed. One of the reasons may be that the roots of these concepts lie somewhere within the human psyche, which is extremely random and versatile. Well it is required to describe the tenets of the two main schools of law.

Legal Positivism:-
The start of the nineteenth century may be regarded as the beginning of the positivist movement. The term ?positivism? has many meanings, which are tabulated by Professor H.L.A.Hart as follows :
1. Laws are commands. This meaning is associated with the two founders of British Positivism, Bentham and his disciple John Austin,
2. The analysis of legal concepts is:
* worth pursuing
* distinct from sociological and historical inquiries,
* distinct from critical evaluation,
3. Decisions can be deduced logically from the predetermined rules without recourse to social aims, policy and morality,
4. Moral judgments cannot be established or defended by rational argument, evidence or proof,
5. The law as ?it is? actually laid down, positum, has to be kept separate from the law that ought to be.

The positive law school has its main pillars as, Jermy Bentham, John Austin, Prof. H.L.A. Hart, Kelson. Actually positivism has grown out of the ashes of renascence in Europe. It is hence a liberal thought or a liberal ideology whose main aim is to bring positive reforms in the society through the instrument of state and not through the clergy. What positivism represents is the intellectual reaction against naturalism and a love of order and precision.

After having a brief idea of legal positivism, we should move to the Natural Law school.
Natural Law School:-
The term "natural law". like positivism, has been variously applied by different people at different times.
1. Ideas which guide legal development and administration.
2. A basic moral quality in law which prevents a total separation of the "is" from the "ought".
3. The method of discovering perfect law.
4. The content of perfect law deducible by reason.
5. The conditions sine quibus non for the existence of law.

Natural law school dominated till the nineteenth century, beginning from the ancient Greek period. Natural law school discussed what law is etc., but never discussed law as an empirical formula, and never made strict separation between what law is and what law ought to be. Natural law thinkers while talking of law talk about law made by man's mind consciously, as opposed to law made as a result of morality lacking conscious element. Natural law thinking is one form or other is pervasive and is encountered in various contexts. Values, for instance, as pointed out, play an indispensable part in the development and day to day administration of law. In a different sphere natural law theory has tried to meet the paramount needs of successive ages through history, and an account has been given of the ways in which it supported power or freedom from power according to the social need of the time. Further natural law school offers a indirect help with two contemporary problems, namely, the abuse of power and the abuse of liberty.

Positivism on the other hand, by seeking to insulate legal theory from such considerations refuses to give battle where battle is needed perhaps wisely, perhaps to its own discredit, depending on the point of view. The Natural law thinkers have always considered the principles of morality as higher law and they look at man made law contempt and ridicule. Law and morality have always been at loggerheads with each other. The positivists led by Bentham and Austin deliberately keep justice and morality out of the purview of legal system. Their formalistic attitude is concerned with law as it is and not law as it ought to be. They emphasize law from the point of source and implementation. So, the natural law system depends upon the standards and yardsticks of morality to formulate any law, whereas the positivist system of law depends upon the conscious and deliberate attempt of law making.

Now it is time to go a little further deep in the project. We are constantly talking about law and morality, so let us know the meaning of these two concepts. Law is continuously evolving norm or rather we should say that it is a part of a normative system whose work is to regulate certain norms in society. It is dynamic and is never at any point of time static. Law has to change from time to time as according to the ever changing demands of society. Law doesn't exist for its own
state. It has to achieve certain objectives, which may be short term or long term. Law aims to create an order in society (in all units of society). Law tries to create a working environment which is equally just to all sections of society. On the other hand, there is the vague concept of morality which is a sought of norm or a part of normative system. Morals are actually certain yardstick standards in our society which work as prescriptions to human behavior. The starting of preaching of morals start from the very basic unit of our society i.e. family. As in a Hindu family, young people touch the feet of elders to wish them. There is no logic behind these morals but still these morals do prevail in our society. This is fully ones own private practice in which nowhere law has to intervene. A morality can be one which throws a negative impact on society and the other which can benefit the society. Law or morality both are normative systems of our society as both are normative and institutionalized by nature. The only difference between law and morality is that law is coercive by nature but morality is not. Law is enforced by coercion and its constant application on a society leads to the internalization of law in human soul. Initially, law gives only an external behavior or an overt effect, but with the pace of time the forceful obedience of laws takes the shape of an internalized realization of habitual obedience. For example, the road traffic laws, when are applied on a society get internalized in a citizen's behavior after certain time.

Law has got a coercive backing which works through institutions. So, idea of sanction, that, ?one will be punished by god? as is being propagated by religion and the so called contractors of morality from years, has become very loose. That is the reason, why religion and morality has become loose and ineffective. So, constitutionalism has taken a front foot. I prove this point of mine by the following example of our contemporary society. Today in our present society, morality and religion are facing challenges put forward by technology, fast urban life, secularism, equality before law, democracy, and constitutionalism.

Since today people are educated in a liberal atmosphere, we are able to think on our own, we know the difference between right and wrong, truth and false. So, as in earlier society it was possible to create an easy fear factor in the minds of people on the name of god. This clash is bound to take place as people are now not dominated by anybodies whims and fancies or any religious or moral sanctions, but they are capable of taking their own free decisions. When one tries to analyze the distinction between law and morality, one feels vaguely that somehow law is connected with reason and conscience. Therefore law has the characteristic of binding whereas morality has the characteristic of being bound. The great jurist asserts that force is necessary to control human behaviour because humanity as a whole is not governed by reason. If every one thinks reasonably and acts rationally there is no need of binding one's behaviour. But the experiences in history do not provide clear evidence of such rational behaviour and so the idea of law has developed on the assumption that it is necessary to compel the behaviour of individuals in a particular direction to achieve certain specific ends. Justice and conscience seem to be personal and individualistic. Hence there can not be system attached within any order. Therefore one recognizes, at any point in the history of any social organization, a legal system but one fails to locate such a system of justice or morality.

Most probably, because justice and conscienceless are experiences and intuitions of the mind. We can not think of an external system to regulate the activities of the mind. On the contrary, human behaviour, in its rudimentary nature is physical and superficial. And so a legal system can find a methodology of directing it or guiding it or even governing it. therefore a legal system having rules and regulations with regard to trade, commerce, finance and employment will be greatly successful because the writer thinks, there are the areas in which human behaviour is physically; desirable. In these areas an external force, law is such an external force, a system in more comprehensively physical. Moreover the external element of deciding, adjudication, administration or even policing is possible. On he other hand, the definition of morality or the concept of morality changes from person to person. May be what is morality for me, that is not moral for you. For e.g. the viewing of porn sites in the scenario of the society existing in Indian subcontinent is not considered to be a moral act, but the viewing of the same porn site is considered to be a legible and conveniently acceptable in European and American societies.

If we look at the form and content of law, we find that a legal norm may be common with that of religious and moral norm. For example, all religious and moral norms say not to kill or not to steel, and it is the same here in law. So, we have almost the same content between law and morality. Then the question arises that, if it is so, then what is the difference between law and morality? The answer is that, the legal system is distinct from religion and morality in the ?form? and not in the content.

Law is influenced from both religion and morality and hence their takes place a sought of interaction between the legal system and the moral and religious faculty of our society. In a traditional society laws have never had a very dominating character, but religion and morality had always had a very predominant role.

But in a modern society life changes very fast, hence morality and religion are under a great pressure. Hence, law is the only
alternative to human development. In a multi religious, liberal and multi communitarian society, law can only work in a impartial and efficient manner. The greatest examples are the world's biggest democracies. Being more specific and illustrative, I would like to quote the example of India, U.S.A., England, and France etc. which have successfully established a deliberate and conscious mode of law making process through constitutionalism and this is done out of an age old monarchial and religious morality. In Russia, before the 1917 Bolshevik Revolution, the morality among general masses was that the Czar is having divine powers to rule over them. Laws were used to enforce such moral standards, but after long period of exploitation mass revolution broke up in 1917 and finally the negative effects of morality were overthrown and a constitutional setup was established. The same happened during French revolution. In India, in the ancient Vedic period, the common morality was that society was unequal and hence caste system and untouchability grew. This moral standard was given the institutional shape of law. But, after independence in 1947 we have stopped the legal enforcement of such illegitimate morals.

Now a question arises that, is law responsible for the enforcement of religion and morality?

Pornography, prostitution, homosexuality etc. are areas of ones own consciousness and hence it is an area of conflict which is still continuing. So, does law has got the right to intervene with religious and moral feelings among people? For example, there is a moral notion in our Indian society that love marriages or inter caste marriages are not feasible enough and hence should not take place. Consider the claim that homosexuality is immoral. I strongly disagree. Now what In a contest between a majority of state legislators and me and those who agree with me, what privileges the legislature's judgment of morality. In what way are they experts How does being elected to the legislature qualify them to make these judgments. Do they hold hearings on the morality of homosexuality and offer reasons for their conclusions. Or do they just press a button and register their vote. Most importantly, how can we assess the merits of their claim. If we cannot, then in reality they can prohibit whatever they want (and for whatever reason they want). No matter how objective morality may be, any such doctrine of constitutional law is recipe for tyranny. Take the issue of living relationships, which carries a moral ban on it. I don't understand that if two major individuals with their exercise of free consent decide to live together, where the question of infringement of any rational standards arises. This shows that the moral standards are never rational by effect.

Now I ask the question that, should a law be made to enforce such moral standards. Is such a law not repugnant with the constitutional principles of liberty and freedom.

The legal positivists like, Bentham, Austin, Kelson have always said that law must never be used as an instrument of enforcement of any moral standards. Therefore, as one cannot see the mind and conscience, elements of morality become weak and not determinable. But law is convenient, the present writer asserts again that it is only convenient; it has withstood the test of time. At any particular time, for any situation, law becomes a technique to establish a certain expected social behaviour. Morals may be for enlightenment and would facilitate individual peruses. Therefore it is thought and envisaged by the present writer, as compulsions and aspirations influence life, a legal system should consist of principles of convenience and feasibility whereas morality should be left to individual freedom and practice. Legal enforcement of these moralities which causes negative impact in the growth of our society must never be determined. Recently a pastor informed his congregation that Christians can no longer seek to impose their moral values on a society which does not accept Christianity. The second part of the statement, at least, is quite wrong. While Church membership and attendance has sharply decreased, the Roy Morgan Study of the Values of the Australian People demonstrates that 80% believe in God.

Should Christians seek to impose their moral values on law and society. There are some who are forcibly and aggressively arguing that Christian values must be expelled from law, society and politics. Gareth Evans (now Senator Evans) is reported in The Sydney Morning Herald, May 7th, 1976, as stating at a convention of the South Australian Council for Civil Liberties that children wanted a right to sexual freedom and education and "protection from the influence of Christianity

The same article referred to Mr Richard Neville (of Oz fame) as stating that "promiscuity is one beneficial way of breaking up
the family structure, which has led children to become the property of their parents. Law cannot be an instrument of expression of moral standards, rather law has to be independent of all sought of moral dogmas except certain areas in which law is dominated by morality. e.g. Legal areas like the business laws, cyber laws, tax laws, company laws, trade laws, etc are exclusively a legal treatise and morality has got nothing to do with that of law in such areas. Take the historical example of SITA whose fundamental and moral instinct has now changed it into PITA.

But on the other hand we can never deny that a major content of law derives its content from that of morality. Like that criminal law is a product of moral notions. For example, all religious and moral norms say not to kill or not to steel, and it is the same here in law. So, we have almost the same content between law and morality . The positive thinkers have thought in a narrow interpretation of law because they overlooked religious and moral values.

The actual conclusive situation is that religion, morality or law all have the work of controlling the behaviour of individuals of our society, hence we must not exclude the importance of morality in our society. In the case of International Humanitarian Laws, certain moral standards are also recognized as a part of law. So, the absolute separation of law and morality is not possible in these areas where morality produces a positive effect in society which is prospective in nature.

There seems to be quite a strong connection between law and morality. Although people sometimes say "you shouldn't legislate morality", they presumably don't really mean this - why would we outlaw rape and murder if they weren't wrong? Instead, I suppose they mean that people shouldn't impose their personal moral views (especially regarding sexuality) upon others. I would agree with that sentiment, though my reason is precisely because I think legislation should be morally informed, and the "moral views" in question are entirely misled.

As a quick aside: it is unfortunate that the word "morality" has become associated with conservative values, because the obvious invalidity of those values to many people tarnishes their attitude towards morality as a whole. And that is a damn shame. When conservative groups advocate bigotry masquerading as "family values", we need to recognise the injustice of this, and instead stand up for what is right. But I digress - this isn't intended as a post about how liberals need to reclaim the moral high ground.

So we accept that there is a connection between law and morality, but what sort of connection is it. Their domains are clearly not entirely identical - for example, it may be wrong to lie to your parents, but it certainly is no business of the law. Perhaps the best way to explain this is to acknowledge that the law is an extremely blunt tool, and so will be of no help when dealing with minor or subtle moral issues.

But even if some morality is outside the scope of Law, could Law's domain be a subset of the Moral? That is, should we only ever outlaw immoral acts, and never morally permissible ones?

I would like to say 'yes', as it does seem like a good principle. But I can't, because it contradicts my position on some other issues. That is, I think morality is purely 'other-regarding' in nature, and merely harming yourself (e.g. smoking in private) is not immoral. On the other hand, I previously suggested that state paternalism could be acceptable.

To approach this topic from a slightly different angle now, the intriguing suggestion that we understand law and morality in terms of belief-desire psychological theory. That theory claims that any human action can be explained solely in terms of the beliefs and desires of the agent. For example, if I turn on a heater, this may be because I desire to be warm, and I believe that turning on the heater will achieve this end. To apply this to our current topic, consider how society can influence the actions of its members. According to belief-desire psychology, there are two broad options: change someone's beliefs, or change their desires.

Morality, by this understanding, corresponds to the latter option. That is, morality is a system of socialisation whereby society instills in its members the desire certain ways. (I discuss some of the implications of this view in more detail here.)

The other method of influence is to alter people's beliefs about how best to fulfil their desires. This is where Law comes in. Its role (according to this interpretation) is to serve as a deterrent for those who, for whatever reason, fail to be bound by morality. It achieves this through the threat of punishment, i.e. by instilling in citizens the belief that breaking the law is not in their own best interests - they could get caught and sent to jail, which would surely thwart many of their other desires.

So by this view, law and morality are just two sides of the same coin -
namely, that of socialisation. Morality seeks to influence our behaviour by way of our desires, whereas law is the 'back-up' option, and targets our beliefs.

This is true in the United States as well, and not only in how our legally mandated school systems and our criminal laws contribute to the shaping, including the moral training, of citizens. Yet the typical opinions in a contemporary liberal democracy are likely to be:

(1) that morality cannot be legislated; and
(2) that even if morality could be legislated, it should not be...that to do so is somehow improper, even tyrannical, either because there is no morality objective enough to justify legal enforcement or because one's autonomy and individuality would be violated by attempts to legislate morality or perhaps even because one really has no autonomy that can respond to any external directive.

Such concerns are not evident in the Ethics: law is needed both to help habituate citizens to virtuous actions and to help maintain the salutary habits they acquire. These needs can be recognized even by those who are aware that the virtues generally fostered by law are not the highest. The opinions one may have about the good, the true, and the beautiful are a secondary concern of most laws. Still, it is well to keep in mind Aristotle's counsel that one who is "to listen intelligently to lectures about what is noble and just must have been brought up in good habits." For proper habituation, laws can be most useful, if not indispensable. Although intellectuals of liberal democratic sympathies may not believe that morality depends on law, it is almost impossible for any regime that takes itself, and is to be taken, seriously not to shape its citizens with respect to morality. To deny that legislation of morality can or should take place does not eliminate such legislation; it merely conceals it, perhaps distorts it, and otherwise confuses and misleads rulers and ruled alike. (Here, as in physics, much that Aristotle noticed and relied upon is tacitly relied upon by us as well, but relied upon haphazardly because it is not properly noticed.)

It would be useful, therefore, to indicate how pervasive Aristotle understands the law to be with respect to morality in a community. When we see what law can mean, and how it works, we may better appreciate what the law does in the service of morality, even in such a liberal democracy as ours. To speak of the influence of the law is, we shall see, to speak of the many ways that the community forms the citizen and guides the human being. For us, however, the term law does tend to be limited to what "government" does, to the statutes and decrees that governments issue. We have noticed the most conspicuous way, drawn upon at the end of the Ethics, in which morality is dependent on law. It should be added here that not only is morality somewhat dependent on law, but also that the law itself is to a considerable extent dependent on morality. A properly trained, morally alert citizen-body tends to be appalled by the lawbreaker. But does not this response (which can help keep many would-be lawbreakers in line) rest, in turn, upon the presumption that the law is likely to be, and in fact usually appears to be, itself moral and in the service of the common good. There is a critical reciprocity between law and morality. Reciprocity, we recall from the Ethics, can be vital to justice as a particular virtue. The exercise of most virtues requires a stable community, one in which one's body and life as well as property are fairly secure...and, of course, the law is essential here. To become or to remain a civilized human being usually requires a sound community...that is, one in which the law plays a considerable part. Is there not an intimate relation, at home and abroad, between justice and peace To recognize this is not to deny that friendship also seems to hold communities together nor that legislators may care more for it than for justice. Even so, is not proper habituation needed for reliable friendships, as well as for justice. Who but the legislator, who must always be distinguished from the tyrant, can insure such habituation

If law is not based on morality, on what can it be based - Christian morality, derived from the Ten Commandments, underlies the common law. Criminal law is based on the Ten Commandments, which also underlie the law of contract and the law of civil wrongs. The common law inherited by the British Colonies on the Australian continent and by the Commonwealth established in 1901, was developed over many centuries by British judges, who reacted to particular human situations on the basis of
Christian values. In an essay entitled "morals and the Criminal Law,

Lord Devlin wrote:-
"Society means a community of ideas; without shared ideas on politics morals and ethics, no society can exist. Each one of us has ideas about what is good and what is evil; they cannot be kept private from the society in which we live. If men and women try to create a society in which there is no fundamental agreement about good and evil they will fail; if, having based it on common agreement, the agreement goes, the society will disintegrate.

"For society is not something that is kept together physically; it is held by the invisible bonds of common thought. If the bonds were too far relaxed. The members would drift apart. A common morality is part of the bondage. The bondage is part of the price of society; and mankind, which needs society, must pay its price ".

There can never a hard jacket or a universal formula which could determine that should law be used to enforce morality. It can only be concluded that the level of enforcement of moral standards depends upon case to case.

In the cases where morality shadows a good and beneficial effect on the society, there if required, law could be used to enforce that positive morality. For example, in the case of International Humanitarian Laws, certain moral standards are also recognized as a part of law or in another illustration that, all religious and moral norms say not to kill or not to steel, and this moral is enforced through law.

On the other hand, that morality which produces any harmful effect in any form in the society, there law should never be used to enforce such morality. For example, the celebration of Valentine's Day in Indian society is considered as amoral. But such morals must never get the institutional shape of law.

i. Positivism and separation of law and morals (1957-58) 71 Harvard Law Review at p 601 n 25
ii. The Philosophy of a Law, ed. R.M. Dworkin, Oxford University Press, London, 1977.

Source: http://www.legalserviceindia.com/articles/lmor.htm
Read more