The document discusses the duties and responsibilities of advocates and judges in India's justice system. It notes that advocates have a duty to bring both supporting and opposing legal perspectives to the court's attention, rather than just advocating for their client. Judges similarly have a responsibility to consider all relevant case law and legal positions, not just those presented by advocates. The document also outlines the structure of India's court system, with High Courts at the state level below the Supreme Court. It emphasizes that an independent judiciary is essential for upholding the Constitution and ensuring justice.
The document summarizes the development of the legal profession in India from ancient times to the present. It discusses how the profession evolved from tribal dispute resolution systems to the establishment of courts and legal frameworks by successive ruling powers, including the East India Company and British colonial administration. Key developments included the establishment of the Supreme Court in Calcutta in 1774, the Legal Practitioners Act of 1879, and the Advocates Act of 1961, which consolidated and reformed the profession on an all-India basis.
This document discusses professional ethics for lawyers in India. It covers the origin and development of the legal profession in India from ancient times through British rule to the present. Key highlights include:
1) The Advocates Act of 1961 established the Bar Council of India and State Bar Councils to regulate the legal profession and enroll advocates.
2) To enroll as an advocate one must be an Indian citizen over 21, have a recognized law degree, and pay the enrollment fee. Convictions for moral turpitude or untouchability offenses can disqualify enrollment.
3) The Bar Councils frame rules on professional ethics, take disciplinary action for misconduct, and protect advocates' rights. Senior Advocate status
LLB LAW PROFESSIONAL ETHICS PROJECT FILE IN ENGLISH
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KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
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VISIT : https://hirelawyeronline.com/
This document provides details about The Advocates Act of 1961 in India, which aims to consolidate and amend the laws relating to legal practitioners. Some key points:
1. It establishes the Bar Council of India and State Bar Councils to regulate legal practice and practitioners.
2. The Act implements recommendations from the 1953 All India Bar Committee report and the Law Commission to reform the legal system.
3. It introduces a common roll of advocates to allow practice across courts, establishes qualifications for advocates, and divides advocates into senior and other categories.
4. The Act repeals previous laws on the subject and received assent on May 19, 1961, coming into effect through state-by-state notifications.
The document discusses the history and structure of the Indian legal system and press. It provides definitions and classifications of key concepts in Indian law like different types of laws, courts, offenses, and press-related terms. It summarizes the hierarchy and jurisdiction of courts in India from the Supreme Court down to lower courts and tribunals. It also briefly outlines the history of printing press and newspapers in India from the 18th century onwards.
The Bar Council of India is a statutory body that regulates legal education and the legal profession in India. It was established in 1961 under the Advocates Act. The Bar Council sets standards for legal education, grants recognition to law universities, regulates the conduct of advocates, and exercises disciplinary powers over advocates. It consists of 18 members representing the central government and each state's bar council. The Bar Council's key functions are to regulate legal education and the legal profession, safeguard advocates' rights and interests, and promote law reform in India.
Give a brief account of development of legalCheshta Sharma
The development of the legal profession in India from 1772-1961 involved a struggle and can be divided into pre-independence and post-independence periods. During pre-independence, several acts established courts and regulated the profession, but initially only allowed English men to practice. Over time, qualifications were established for Indians as well. The Advocates Act of 1961 marked the post-independence period, establishing the All India Bar Council and state bar councils with a uniform system of qualifications and regulation of the legal profession across India.
The Advocates Act, 1961 is an act to consolidate and amend the law relating to legal practitioners and to provide for the constitution of the Bar Councils and an All-India Bar. It was enacted by the Parliament in the Twelfth Year of the Republic of India.
The Advocates Act,1961 provides for the constitution of two types of councils:
State Bar Council-Section 3
Bar Council of India-Section 4
The Bar Council as well as the State Bar Councils have various functions to perform
The document summarizes the development of the legal profession in India from ancient times to the present. It discusses how the profession evolved from tribal dispute resolution systems to the establishment of courts and legal frameworks by successive ruling powers, including the East India Company and British colonial administration. Key developments included the establishment of the Supreme Court in Calcutta in 1774, the Legal Practitioners Act of 1879, and the Advocates Act of 1961, which consolidated and reformed the profession on an all-India basis.
This document discusses professional ethics for lawyers in India. It covers the origin and development of the legal profession in India from ancient times through British rule to the present. Key highlights include:
1) The Advocates Act of 1961 established the Bar Council of India and State Bar Councils to regulate the legal profession and enroll advocates.
2) To enroll as an advocate one must be an Indian citizen over 21, have a recognized law degree, and pay the enrollment fee. Convictions for moral turpitude or untouchability offenses can disqualify enrollment.
3) The Bar Councils frame rules on professional ethics, take disciplinary action for misconduct, and protect advocates' rights. Senior Advocate status
LLB LAW PROFESSIONAL ETHICS PROJECT FILE IN ENGLISH
FREE AFFIDAVITS AND NOTICES FORMATS
FREE AGREEMENTS AND CONTRACTS FORMATS
FREE LLB LAW NOTES
FREE CA ICWA NOTES
FREE LLB LAW FIRST SEM NOTES
FREE LLB LAW SECOND SEM NOTES
FREE LLB LAW THIRD SEM NOTES
FREE LLB LAW FOURTH SEM NOTES
FREE LLB LAW FIFTH SEM NOTES
FREE LLB LAW SIXTH SEM NOTES
FREE CA ICWA FOUNDATION NOTES
FREE CA ICWA INTERMEDIATE NOTES
FREE CA ICWA FINAL NOTES
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
This document provides details about The Advocates Act of 1961 in India, which aims to consolidate and amend the laws relating to legal practitioners. Some key points:
1. It establishes the Bar Council of India and State Bar Councils to regulate legal practice and practitioners.
2. The Act implements recommendations from the 1953 All India Bar Committee report and the Law Commission to reform the legal system.
3. It introduces a common roll of advocates to allow practice across courts, establishes qualifications for advocates, and divides advocates into senior and other categories.
4. The Act repeals previous laws on the subject and received assent on May 19, 1961, coming into effect through state-by-state notifications.
The document discusses the history and structure of the Indian legal system and press. It provides definitions and classifications of key concepts in Indian law like different types of laws, courts, offenses, and press-related terms. It summarizes the hierarchy and jurisdiction of courts in India from the Supreme Court down to lower courts and tribunals. It also briefly outlines the history of printing press and newspapers in India from the 18th century onwards.
The Bar Council of India is a statutory body that regulates legal education and the legal profession in India. It was established in 1961 under the Advocates Act. The Bar Council sets standards for legal education, grants recognition to law universities, regulates the conduct of advocates, and exercises disciplinary powers over advocates. It consists of 18 members representing the central government and each state's bar council. The Bar Council's key functions are to regulate legal education and the legal profession, safeguard advocates' rights and interests, and promote law reform in India.
Give a brief account of development of legalCheshta Sharma
The development of the legal profession in India from 1772-1961 involved a struggle and can be divided into pre-independence and post-independence periods. During pre-independence, several acts established courts and regulated the profession, but initially only allowed English men to practice. Over time, qualifications were established for Indians as well. The Advocates Act of 1961 marked the post-independence period, establishing the All India Bar Council and state bar councils with a uniform system of qualifications and regulation of the legal profession across India.
The Advocates Act, 1961 is an act to consolidate and amend the law relating to legal practitioners and to provide for the constitution of the Bar Councils and an All-India Bar. It was enacted by the Parliament in the Twelfth Year of the Republic of India.
The Advocates Act,1961 provides for the constitution of two types of councils:
State Bar Council-Section 3
Bar Council of India-Section 4
The Bar Council as well as the State Bar Councils have various functions to perform
The document provides an overview of the establishment and jurisdiction of the Supreme Court of India. It discusses:
1) How the Supreme Court was established in 1950 to replace the Federal Court, taking on appellate jurisdiction from the Privy Council.
2) The broad jurisdiction of the Supreme Court, including over the interpretation of the constitution, writ petitions, appeals from high courts, and special leave petitions.
3) Key aspects of the Supreme Court's powers, such as its authority to punish for contempt and oversight of domestic arbitration cases.
This document provides background information on the Bar Council of India. It discusses how the Bar Council was established by the Advocates Act of 1961 to regulate the legal profession and represent Indian lawyers. The document outlines the Bar Council's functions related to professional standards, legal education, and advocacy qualifications. It also briefly discusses the history of efforts starting in the 1950s to establish a unified all-India bar and amend laws governing legal professional bodies, which ultimately led to the formation of the Bar Council of India in the 1960s.
The document discusses the Advocates Act of 1961 in India, which established the Bar Council of India as the supreme regulatory body for the legal profession. The Bar Council regulates legal practice and ensures lawyers comply with laws and professional standards. It has the authority to pass regulations, handle misconduct cases, and manage various responsibilities regarding admitting, enrolling, and overseeing advocates (lawyers) in India.
The document discusses Supreme Court Rules 1966, Delhi High Court Rules 1967, The Limitation Act 1963, The Registration Act 1908 and Bench-Bar Relations.
It provides an overview of the key provisions of the Supreme Court Rules related to advocates, single judges, writ petitions and election petitions. It also summarizes some key provisions of the Delhi High Court Rules related to advocates, single judges and civil/criminal jurisdiction.
The summary then provides a high-level overview of the main provisions of The Limitation Act and The Registration Act related to limitation periods, legal disability exclusions and effects of registration. It concludes with a brief discussion of the Advocates Act 1961 and roles of the State Bar Council and Bar Council of India regarding
The document provides background information on the Indian Penal Code of 1860. It details that the code was drafted in 1835 under the leadership of Thomas Babington Macaulay and was passed into law on October 6, 1860, coming into operation on January 1, 1862. The code provides a list of punishments for criminal offenses and applies to all Indian citizens, except for military crimes which are covered separately. It has undergone several amendments since being introduced and remains the primary criminal code for all of India except the state of Jammu and Kashmir.
The document discusses sections of the Advocates Act related to the admission and enrollment of advocates. It notes there are two classes of advocates: senior advocates and other advocates. It outlines the requirements to become an advocate including being a citizen of India over 21, having a law degree from a Bar Council of India recognized university, and paying enrollment fees to the State Bar Council and Bar Council of India. It also mentions a State Bar Council can remove an advocate's name from the state roll if they are deceased or request removal.
The Bar Council of India regulates and represents the Indian bar. It was established under the Advocates Act of 1961 to prescribe standards for professional conduct and ethics, and exercises disciplinary control over lawyers. The BCI has committees that oversee legal education, discipline, and executive functions. Some issues facing the profession include fabrication of evidence, violating ethics, and settling cases for money. The BCI works to combat deviance through its Disciplinary Committee, which has powers like a civil court to summon people, require documents, and issue commissions to examine witnesses. It can punish lawyers for misconduct under the Advocates Act. Reforming legal education and making the system more client-friendly could help improve the image of lawyers.
India maintains a common law legal system inherited from the colonial era and
various legislations first introduced by the British are still in effect in modified
forms today. During the drafting of the Indian Constitution, Indian laws also
adhere to the United Nations guidelines on human rights law and the
environmental law. Certain international trade laws, such as those on intellectual property, are also enforced in India. Indian personal law is fairly complex, with each religion adhering to its own specific laws. In most states, registering of
marriages and divorces is not compulsory. Separate laws govern Hindus, Muslims, Christians, and followers of other religions.
The document outlines the framework and functions of Singapore's higher judiciary. It discusses the meaning of judicial power and independence. Key aspects include the structure of the court system, appointment and removal of judges, contempt of court powers, and limits on scandalizing the judiciary.
Application of international human rights conventions;Rajitha Perera
1) The Supreme Court of Sri Lanka ruled that international treaties like the ICCPR do not have direct internal effect under Sri Lankan law unless incorporated by statute, as Sri Lanka follows a dualist approach.
2) It held that while Sri Lanka's accession to the ICCPR binds it internationally, domestic legislation was required to give effect to the rights in the ICCPR.
3) It also ruled that Sri Lanka's accession to the Optional Protocol was unconstitutional as it purported to confer public law rights and judicial power on an international body without parliamentary approval.
The Supreme Court of India is the highest judicial authority in the country. It consists of a Chief Justice and 30 other judges appointed by the President. The Constitution ensures the independence of Supreme Court judges in several ways, such as judges can only be removed via impeachment. The Supreme Court has original, appellate, and advisory jurisdiction. It acts as the guardian of the Constitution and protector of fundamental rights.
This document provides an introduction and definitions for key terms used in the Indian Penal Code of 1860.
1) It establishes the title and extent of operation for the Code, which applies to the whole of India except the state of Jammu and Kashmir.
2) Key terms like "public servant", "judge", and "court of justice" are defined to clarify their meaning and application throughout the Code.
3) The document also covers gender, number, and definitions for other terms to ensure consistent understanding across the Code.
''Independence of Indian judiciary and supreme court of India'' AMANSONI105
The document discusses the importance of an independent judiciary in India. It notes that the founders of the Indian Constitution were concerned with establishing an independent judiciary to uphold democracy and the rule of law. The Supreme Court of India acts as the highest judicial body and protector of the Constitution. Judges are appointed by the President in consultation with the Chief Justice to help maintain independence from the legislative and executive branches. An independent judiciary is crucial for protecting citizens' rights and serving as a check on the other branches of government.
the analysis of the union and state judiciary is explained in light of the Indian constitution. importance and role of article 32 is analyzed in the light of union and state judiciary
Its a Presentation that covers Topic related to Judiciary System of India . It includes Supreme Court , High Court And Subordinate Court along Local Legal Bodies and Attorney General.
Indian judiciary(Introduction, Problems and Solution)RahulKriplani1
The document provides an overview of the Indian judicial system, including its hierarchy and major components. It begins with the Supreme Court, then discusses high courts, civil courts, criminal courts, revenue courts, and Lok Adalats. It notes major issues facing the system like high pendency, corruption, lack of transparency, and under trials. It concludes by outlining steps that could help speed up the judicial process, such as increasing judges, modernizing courts, and removing outdated laws.
This document reviews techniques used in spoken-word recognition systems. It discusses popular feature extraction techniques like MFCC, LPC, DWT, WPD that are used to represent speech signals in a compact form before classification. Classification techniques discussed are ANN, HMM, DTW, and VQ. The document provides a brief overview of each technique and their advantages. It also presents the generalized workflow of a spoken-word recognition system including stages of speech acquisition, pre-emphasis, feature extraction, modeling, classification, and output of recognized text.
The document discusses having faith in God and being faithful in both small and large tasks. It emphasizes that God cares for even the smallest details, so believers should speak truth, do kind deeds, and spread smiles each day. If believers faithfully serve God in this way, He will approve of them. The document also discusses approaching God through prayer, recognizing Him as our loving Father who listens attentively despite our sinfulness. It stresses the importance of character change and accepting Christ's righteousness in order to dwell with God in heaven.
The document provides an overview of the establishment and jurisdiction of the Supreme Court of India. It discusses:
1) How the Supreme Court was established in 1950 to replace the Federal Court, taking on appellate jurisdiction from the Privy Council.
2) The broad jurisdiction of the Supreme Court, including over the interpretation of the constitution, writ petitions, appeals from high courts, and special leave petitions.
3) Key aspects of the Supreme Court's powers, such as its authority to punish for contempt and oversight of domestic arbitration cases.
This document provides background information on the Bar Council of India. It discusses how the Bar Council was established by the Advocates Act of 1961 to regulate the legal profession and represent Indian lawyers. The document outlines the Bar Council's functions related to professional standards, legal education, and advocacy qualifications. It also briefly discusses the history of efforts starting in the 1950s to establish a unified all-India bar and amend laws governing legal professional bodies, which ultimately led to the formation of the Bar Council of India in the 1960s.
The document discusses the Advocates Act of 1961 in India, which established the Bar Council of India as the supreme regulatory body for the legal profession. The Bar Council regulates legal practice and ensures lawyers comply with laws and professional standards. It has the authority to pass regulations, handle misconduct cases, and manage various responsibilities regarding admitting, enrolling, and overseeing advocates (lawyers) in India.
The document discusses Supreme Court Rules 1966, Delhi High Court Rules 1967, The Limitation Act 1963, The Registration Act 1908 and Bench-Bar Relations.
It provides an overview of the key provisions of the Supreme Court Rules related to advocates, single judges, writ petitions and election petitions. It also summarizes some key provisions of the Delhi High Court Rules related to advocates, single judges and civil/criminal jurisdiction.
The summary then provides a high-level overview of the main provisions of The Limitation Act and The Registration Act related to limitation periods, legal disability exclusions and effects of registration. It concludes with a brief discussion of the Advocates Act 1961 and roles of the State Bar Council and Bar Council of India regarding
The document provides background information on the Indian Penal Code of 1860. It details that the code was drafted in 1835 under the leadership of Thomas Babington Macaulay and was passed into law on October 6, 1860, coming into operation on January 1, 1862. The code provides a list of punishments for criminal offenses and applies to all Indian citizens, except for military crimes which are covered separately. It has undergone several amendments since being introduced and remains the primary criminal code for all of India except the state of Jammu and Kashmir.
The document discusses sections of the Advocates Act related to the admission and enrollment of advocates. It notes there are two classes of advocates: senior advocates and other advocates. It outlines the requirements to become an advocate including being a citizen of India over 21, having a law degree from a Bar Council of India recognized university, and paying enrollment fees to the State Bar Council and Bar Council of India. It also mentions a State Bar Council can remove an advocate's name from the state roll if they are deceased or request removal.
The Bar Council of India regulates and represents the Indian bar. It was established under the Advocates Act of 1961 to prescribe standards for professional conduct and ethics, and exercises disciplinary control over lawyers. The BCI has committees that oversee legal education, discipline, and executive functions. Some issues facing the profession include fabrication of evidence, violating ethics, and settling cases for money. The BCI works to combat deviance through its Disciplinary Committee, which has powers like a civil court to summon people, require documents, and issue commissions to examine witnesses. It can punish lawyers for misconduct under the Advocates Act. Reforming legal education and making the system more client-friendly could help improve the image of lawyers.
India maintains a common law legal system inherited from the colonial era and
various legislations first introduced by the British are still in effect in modified
forms today. During the drafting of the Indian Constitution, Indian laws also
adhere to the United Nations guidelines on human rights law and the
environmental law. Certain international trade laws, such as those on intellectual property, are also enforced in India. Indian personal law is fairly complex, with each religion adhering to its own specific laws. In most states, registering of
marriages and divorces is not compulsory. Separate laws govern Hindus, Muslims, Christians, and followers of other religions.
The document outlines the framework and functions of Singapore's higher judiciary. It discusses the meaning of judicial power and independence. Key aspects include the structure of the court system, appointment and removal of judges, contempt of court powers, and limits on scandalizing the judiciary.
Application of international human rights conventions;Rajitha Perera
1) The Supreme Court of Sri Lanka ruled that international treaties like the ICCPR do not have direct internal effect under Sri Lankan law unless incorporated by statute, as Sri Lanka follows a dualist approach.
2) It held that while Sri Lanka's accession to the ICCPR binds it internationally, domestic legislation was required to give effect to the rights in the ICCPR.
3) It also ruled that Sri Lanka's accession to the Optional Protocol was unconstitutional as it purported to confer public law rights and judicial power on an international body without parliamentary approval.
The Supreme Court of India is the highest judicial authority in the country. It consists of a Chief Justice and 30 other judges appointed by the President. The Constitution ensures the independence of Supreme Court judges in several ways, such as judges can only be removed via impeachment. The Supreme Court has original, appellate, and advisory jurisdiction. It acts as the guardian of the Constitution and protector of fundamental rights.
This document provides an introduction and definitions for key terms used in the Indian Penal Code of 1860.
1) It establishes the title and extent of operation for the Code, which applies to the whole of India except the state of Jammu and Kashmir.
2) Key terms like "public servant", "judge", and "court of justice" are defined to clarify their meaning and application throughout the Code.
3) The document also covers gender, number, and definitions for other terms to ensure consistent understanding across the Code.
''Independence of Indian judiciary and supreme court of India'' AMANSONI105
The document discusses the importance of an independent judiciary in India. It notes that the founders of the Indian Constitution were concerned with establishing an independent judiciary to uphold democracy and the rule of law. The Supreme Court of India acts as the highest judicial body and protector of the Constitution. Judges are appointed by the President in consultation with the Chief Justice to help maintain independence from the legislative and executive branches. An independent judiciary is crucial for protecting citizens' rights and serving as a check on the other branches of government.
the analysis of the union and state judiciary is explained in light of the Indian constitution. importance and role of article 32 is analyzed in the light of union and state judiciary
Its a Presentation that covers Topic related to Judiciary System of India . It includes Supreme Court , High Court And Subordinate Court along Local Legal Bodies and Attorney General.
Indian judiciary(Introduction, Problems and Solution)RahulKriplani1
The document provides an overview of the Indian judicial system, including its hierarchy and major components. It begins with the Supreme Court, then discusses high courts, civil courts, criminal courts, revenue courts, and Lok Adalats. It notes major issues facing the system like high pendency, corruption, lack of transparency, and under trials. It concludes by outlining steps that could help speed up the judicial process, such as increasing judges, modernizing courts, and removing outdated laws.
This document reviews techniques used in spoken-word recognition systems. It discusses popular feature extraction techniques like MFCC, LPC, DWT, WPD that are used to represent speech signals in a compact form before classification. Classification techniques discussed are ANN, HMM, DTW, and VQ. The document provides a brief overview of each technique and their advantages. It also presents the generalized workflow of a spoken-word recognition system including stages of speech acquisition, pre-emphasis, feature extraction, modeling, classification, and output of recognized text.
The document discusses having faith in God and being faithful in both small and large tasks. It emphasizes that God cares for even the smallest details, so believers should speak truth, do kind deeds, and spread smiles each day. If believers faithfully serve God in this way, He will approve of them. The document also discusses approaching God through prayer, recognizing Him as our loving Father who listens attentively despite our sinfulness. It stresses the importance of character change and accepting Christ's righteousness in order to dwell with God in heaven.
The document discusses programmed instruction, which is a systematic, self-paced method of instruction designed to ensure learning. It breaks content into small steps with built-in feedback. There are different types, including linear, branched, and mathetics programming. Programmed instruction aims to place the learner at the center and allow them to construct knowledge through active participation, as opposed to passive absorption of information. While it shows promise, programmed instruction has seen limited application in Indian classrooms.
Analysis of a Batch Arrival and Batch Service Queuing System with Multiple Va...IJMER
This paper concerns the queuing system MX
/G1, B/1, to which the customers are assumed
to arrive in batches of random size X according to a compound Poisson process and also are served in
batches. As soon as the system becomes empty, the server leaves for a vacation of random length V. If
no customers are available for service after returning from that vacation, the server keeps on taking
vacations till he finds at least one customer in the queue, then immediately begins to serve the
customers up to the service capacity B. If more than B customers are present when the server returns
from a vacation, the first B customers are taken into service. If fewer than B customers are present, all
waiting customers go into service. Late arrivals are not allowed to join the ongoing service. The steady
state behavior of this queuing system is derived by an analytic approach to study the queue size
distribution at a random point as well as a departure point of time under multiple vacation policy. It
may be noted that the results in [5] and [7] can be obtained as special cases from the results in this
paper.
The document discusses two phases of Babylon that serve as forerunners to the Mark of the Beast. The first phase is Catholicism, as described in Revelation 13:1-10 and Revelation 17:1-6. The second phase is Protestantism, as described in Revelation 14:8 and Revelation 18:4. It notes that the Mark and Image of the Beast, mentioned 10 times each in Revelation, are always mentioned together, indicating they will be united in their propagation.
Comparing Various SDLC Models On The Basis Of Available MethodologyIJMER
There are various SDLC models widely accepted and employed for developing software.
SDLC models give a theoretical guide line regarding development of the software. Employing proper
SDLC allows the managers to regulate whole development strategy of the software. Each SDLC has its
advantages and disadvantages making it suitable for use under specific condition and constraints for
specified type of software only. We need to understand which SDLC would generate most successful
result when employed for software development. For this we need some method to compare SDLC
models. Various methods have been suggested which allows comparing SDLC models. Comparing SLDC
models is a complex task as there is no mathematical theorem or physical device available. The essence
of this paper is to analyse some methodologies that could result in successful comparison of the SDLC
models. For this we have studied various available tools, techniques and methodologies and have tried
to extract most simple, easy and highly understandable method for comparing SDLC models.
Conservation of Energy: a Case Study on Energy Conservation in Campus Lightin...IJMER
International Journal of Modern Engineering Research (IJMER) is Peer reviewed, online Journal. It serves as an international archival forum of scholarly research related to engineering and science education.
International Journal of Modern Engineering Research (IJMER) covers all the fields of engineering and science: Electrical Engineering, Mechanical Engineering, Civil Engineering, Chemical Engineering, Computer Engineering, Agricultural Engineering, Aerospace Engineering, Thermodynamics, Structural Engineering, Control Engineering, Robotics, Mechatronics, Fluid Mechanics, Nanotechnology, Simulators, Web-based Learning, Remote Laboratories, Engineering Design Methods, Education Research, Students' Satisfaction and Motivation, Global Projects, and Assessment…. And many more.
Report Card Night is an event where teachers meet with parents for 3 minute "mini conferences" over a 90 minute period in the gym to discuss student progress and grades. Teachers are seated alphabetically at tables with students' grades and laptops. Parents pick up report cards, choose which teachers to meet with, and visit them directly for feedback. This format provides more meaningful parent-teacher interaction than traditional open houses. Benefits include immediate feedback, no lost report cards, and parents can target specific teachers. Potential issues are ensuring enough space and technology for conferences within the 90 minute time period.
The document discusses vocabulary words that are important to know for the SAT. Mastering a wide range of vocabulary words is key to doing well on the SAT, as the test includes many questions that require understanding the meanings of words in different contexts. Learning prefixes, suffixes, and roots can help students more easily determine the definitions of unfamiliar words on the SAT.
Structural Monitoring Of Buildings Using Wireless Sensor NetworksIJMER
1) The document discusses using wireless sensor networks and smart sensors to monitor buildings and structures for risks from natural hazards like earthquakes as well as man-made risks like fires.
2) It specifically examines using the Berkeley Mote and MICAz OEM Edition Mote wireless sensor platforms to monitor factors like structural performance, damage, gas leaks, and fires in buildings.
3) The MICAz Mote is highlighted as a potential wireless sensor that could be deployed to monitor building performance and check for risks, though more research is needed on effective communication modes for a full wireless sensor network for building risk monitoring.
On ranges and null spaces of a special type of operator named 𝝀 − 𝒋𝒆𝒄𝒕𝒊𝒐𝒏. – ...IJMER
This document discusses λ-jections, a generalization of projection operators. It shows that if E is a λ-jection, then expressions of the form aE^2 + bE are projections under certain conditions on a and b. Three specific projections - A, B, and C - are obtained. It is shown that A and B are orthogonal, and that the range and null space of E are equal to those of C. The ranges of A and B are also characterized in terms of the operator E.
Analysis of Cluster Based Anycast Routing Protocol for Wireless Sensor NetworkIJMER
A wireless sensor network is a collection of nodes organized into a cooperative network.
Each node consists of processing capability, may contain multiple types of memory, have a RF
transceiver, have a power source, and accommodate various sensors and actuators. The nodes
communicate wirelessly and often self-organize after being deployed in an ad hoc fashion.
Routing protocols for wireless sensor networks are responsible for maintaining the routes in the
network and have to ensure reliable multi-hop communication .The performance of the network is
greatly influenced by the routing techniques. Routing is to find out the path to route the sensed data to
the base station. In this paper the features of WSNs are introduced and routing protocols are reviewed
for Wireless Sensor Network.
User Navigation Pattern Prediction from Web Log Data: A SurveyIJMER
This paper proposes a survey of Web Page Prediction Techniques. Prefetching of Web page
has been widely used to reduce the access latency problem of the Web users. However, if Prefetching of
Web page is not accurate and Prefetched web pages are not visited by the users in their accesses, the
limited bandwidth of network and services of server will not be used efficiently and may face the problem
of access delay. Therefore, it is critical that we need an effective prediction method during prefetching.
The Markov models have been widely used to predict and analyze users navigational behavior. All the
activities of web users have been saved in web log files. The stored users session is used to extract
popular web navigation paths and predict current users next web page visit
Experimental Study of the Fatigue Strength of Glass fiber epoxy and Chapstan ...IJMER
1) The document describes an experimental study of the fatigue strength of two types of fiber-reinforced epoxy composite laminates: glass fiber epoxy and E-glass epoxy.
2) The study developed a fatigue testing rig to apply cyclic bending loads to composite beam specimens and measure the resulting stiffness degradation over cycles until failure.
3) The testing rig incorporated a load cell, data acquisition system, and software to automatically record measurements over millions of load cycles and analyze the failure behavior and fatigue life of the composite laminates.
This document discusses the prophecy of the Christian Babylon as mentioned in the Bible and the Great Controversy. It describes the Christian Babylon as having two phases: 1) The ruling time of the first Christian Babylon from 538 to 1798 AD, and 2) a second phase involving Protestant churches that cling to the doctrines of the first phase. This second phase is said to be in a fallen condition for many centuries according to Revelation 14. The document indicates that Revelation 18 predicts the fall of the second phase of Babylon, which will be followed by the seven last plagues and the end of the world.
A ZVS Interleaved Boost AC/DC Converter Using Super Capacitor Power for Hybri...IJMER
International Journal of Modern Engineering Research (IJMER) is Peer reviewed, online Journal. It serves as an international archival forum of scholarly research related to engineering and science education.
Regression analysis of shot peening process for performance characteristics o...IJMER
International Journal of Modern Engineering Research (IJMER) is Peer reviewed, online Journal. It serves as an international archival forum of scholarly research related to engineering and science education.
Improving the Stability of Cascaded DC Power Supply System by Adaptive Active...IJMER
When all links are changes in the cascade is the corner of the shape in the dc division
energy orbit (DEO). When resistances are intermission betwixt one by one stylish changes in that
would possibly end up so the cascaded orbits are unsteady. They are antecedent we can place in a
nearer to the useful in the cascaded orbit can be got in compelled to vary the supply they have load
changes in the internal structure of the same regions in the electrical device they can be opposed in
a quality of the characteristic of dc DEO. Throughout the Associate in nursing adaptation active
device in the (AACC) we can know another determined in the cascaded orbit. Therefore the AACC
was connected by side by side in the cascaded orbit’s they can mediate in between the carries and
completely a requirement of a notice then they carries the voltage with none modification in this
subsystems. Then it will have a stylish to the customary have basic units to measuring in the dc
DEO. When the AACC is additionally a similar bus device to cut back the output resistance of the
supply device, therefore averting in a interiority have their load changes in the input resistance, of
the cascaded orbit have their solutions then they becomes constant. We have important carrier
device it will computing in the AACC adaptation in line with they have output energy to the
cascaded orbit, they have energy vesting in the AACC that’s way they will reduced and therefore
they have a lot of energy in a reacting to the orbit so it is a best in the orbit of a submissive device.
What\'s many, since no capacitance have a requirement among an AACC, when the cascaded orbits
have their quantity of it slowly it will extend in time. They have activity fundamental truth to stop
their magnificence thought in the AACC are mentioned throughout of this project, it can have four
thousand eight hundred and zero watts cascaded orbit was contain a strive of process to move in a
full-bridge changes they can be styli shed and evaluated. So when the simulation solutions have to
clear the performance of the arrangement of AACC.
434755403-Upload.pdf practical file to help law studentsAaryaKeshav
This document discusses the duties and ethics of lawyers in India. It covers:
1) The origin and development of the legal profession in India from British courts in the 17th century to the Advocates Act of 1961.
2) The composition, powers, and functions of State Bar Councils, which regulate lawyers and have powers like admitting lawyers and disciplining misconduct.
3) An advocate's duties towards the court (respecting the court, not influencing judges privately), clients (not assisting illegal acts), and fellow lawyers (not using unfair means against opponents).
The document discusses the responsibilities of legal professionals in India. It notes that India has the second largest legal profession globally with over 600,000 lawyers. It outlines that lawyers and judges must uphold certain standards and ethics to maintain the nobility and dignity of the profession. This includes being impartial, maintaining respectful conduct, and protecting clients' interests diligently. The document also discusses the roles of the Bar Council of India and state bar councils in regulating legal services. It emphasizes that legal professionals have a duty to ensure justice and uphold people's fundamental rights as seen in several important court cases over the years.
POLITICAL SCIENCE JUDICAL REVIEW AND INDEPENDENCE OF JUDICIARY'Smdzikrullahjmi
The document discusses the functions and importance of an independent judiciary. It outlines key functions such as interpreting laws, conducting judicial review to assess the constitutionality of legislation, and protecting individual rights. An independent judiciary is described as important for upholding the rule of law, acting as a check on the other branches of government, and serving as a guardian of the constitution. The document also discusses the significance of an independent judiciary for ensuring justice and protecting citizens.
The judicial system in India has a single integrated structure with the Supreme Court at the apex, High Courts at the state level, and district courts at the local level. It also provides for an independent and powerful judiciary to act as guardian of the Constitution. The Supreme Court currently has 29 judges including the Chief Justice, who is currently Justice Uday Umesh Lalit but will soon be replaced by Justice Dhananjaya Yeshwant Chandrachud. The Supreme Court has original, appellate and advisory jurisdiction and its decisions have binding precedent. Below the High Courts are subordinate courts that deal with various cases. India has a separation of powers between the judiciary, executive, and legislature to maintain independence of the courts.
The document provides an overview of the Indian legal system. It discusses that Indian law is largely based on English common law along with various Acts introduced by the British that remain in effect today. It also outlines the history of law in India, the primary and secondary sources of law, the Constitution of India including fundamental rights and duties, as well as criminal law, civil procedure codes, family law, industrial laws, and the structure of the Indian judicial system including the Supreme Court, High Courts, subordinate courts, and quasi-judicial system.
The document discusses the historical development of the legal profession in India from ancient times through the British colonial period and after independence. It describes how the legal profession evolved from tribal dispute resolution systems to a modern profession regulated by the Advocates Act of 1961, which established the Bar Council of India and State Bar Councils to oversee legal practice. The key functions and composition of the Bar Council of India are also outlined.
The document provides information on the Indian judiciary system, including its hierarchy and evolution. It discusses the following key points:
1) The Indian judiciary system is hierarchical, with the Supreme Court at the top, followed by High Courts, and then District Courts and subordinate courts.
2) The evolution of the Indian judiciary can be classified into four phases - from a textual approach to a more structuralist one, then dealing with increased heterogeneity, and most recently pursuing social transformation.
3) The document outlines the key functions and powers of the different levels of courts, including their original and appellate jurisdiction. It provides details on the establishment and jurisdiction of High Courts across various states in India.
Judicial review is the power of the courts to determine the constitutionality
Of legislative acts in a case instituted by aggrieved person.
It is the power of the court to declare a legislative act on the grounds
of Unconstitutionality.
People and entities seek judicial review to obtain remedy from an agency decision if they feel they have been injured.
Judicial review is an example of separation of powers in a modern government system( where judiciary is one of the branches of government).
The document provides an overview of the Indian legal system, including its history and sources of law. Some key points:
- Indian law is largely based on English common law and retains many Acts introduced during British rule.
- The primary sources of law are enactments passed by Parliament and state legislatures. Secondary sources include Supreme Court and High Court judgments.
- The Indian Constitution establishes a democratic republic and guarantees fundamental rights and duties. It contains 395 articles and is the world's longest written constitution.
- The legal system includes criminal and civil codes. It has a three-tiered structure of Supreme Court, High Courts, and subordinate courts. Recent trends focus on alternative dispute resolution and improving judicial efficiency.
This document summarizes 25 landmark judgments in India that have impacted the legal system and constitution. Some of the key judgments discussed include the following:
1) Keshvananda Bharti v. State of Kerala established the basic structure doctrine, holding that the basic structure of the constitution cannot be amended.
2) Indira Nehru Gandhi v. Raj Narain declared the 39th amendment unconstitutional for violating the basic structure.
3) Maneka Gandhi v. Union of India established that the right to life under Article 21 includes due process.
4) NALSA v. Union of India recognized transgender people as the "third gender" with constitutional rights and freedoms.
The document discusses the rule of law and its implementation in India through the Indian judiciary and constitution. It provides an overview of the key principles of the rule of law as defined by Dicey, including equality before the law, laws determined by regular courts rather than officials, and fundamental rights arising from ordinary law. It examines how these principles are reflected in the Indian constitution through provisions like Articles 14, 21, and the independence of the judiciary. The judiciary has played an important role in strengthening the rule of law in India and expanding its meaning as part of the basic constitutional structure. Important cases are discussed that have upheld the rule of law against arbitrary government action and preserved its essence in Indian democracy.
The judiciary in India has a hierarchical structure of courts with the Supreme Court at the top, followed by High Courts in each state and union territory. Below the High Courts are district courts and subordinate courts that handle civil and criminal cases. The Supreme Court has original and appellate jurisdiction and ensures the independence of the judiciary from the legislature and executive. Key functions of the Indian judiciary include upholding the constitution, resolving disputes, protecting fundamental rights, assisting in lawmaking, and interpreting laws.
The Supreme Court held that while bar councils and associations play an important role in upholding judicial standards, it is unconstitutional for them to demand a judge's resignation. The independence of the judiciary and rule of law must be preserved. The proper procedure is for serious allegations of misconduct against a judge to be brought to the Chief Justice, who can initiate an inquiry if warranted and take appropriate action to address the situation while avoiding undue pressure or embarrassment. Maintaining high ethical standards is crucial for public confidence in the courts.
This document outlines the course content for a course on commercial and industrial law. It begins with an overview of the key areas of law that will be covered, including contract law, company law, employment law, and trade unions. It then lists the learning outcomes which are to describe, explain, apply, analyze, and interpret the relevant laws. The document goes on to define law and the differences between civil and criminal law. It also discusses the key sources of law, including the constitution, statutes, judicial decisions, customs, equity, religion and opinions of jurists.
Judicial Review with a reference of Judicial Activism. Sanjana Bharadwaj
This PPT will give you a breif idea on what is Judicial Review, how did it origionate in India with a reference of Judicial Activism and PIL along with examples and case laws.
The document discusses the following topics:
1. The judiciary module covers the powers and functions of the Supreme Court of India, including its original, appellate and advisory jurisdictions. It also discusses the appointment of the Chief Justice of India.
2. Judicial review is explained as the doctrine where legislative and executive actions are subject to review and possible invalidation by the judiciary based on compatibility with the constitution.
3. Public interest litigation allows litigation in the public interest to be introduced by the court itself or private parties, without requiring the directly affected party to approach the court. It aims to help those without resources to seek justice.
4. Examples of public interest litigation include a case regarding uncertified films
The document discusses the following topics:
1. The powers and functions of the Supreme Court of India including its original, appellate and advisory jurisdictions.
2. The appointment of the Chief Justice of India.
3. The concept of judicial review which allows courts to review and invalidate legislative and executive actions that are incompatible with the constitution.
4. The concept of public interest litigation in India which allows litigation to be introduced by the court itself or by private parties for the protection of public interest rather than requiring the aggrieved party to directly approach the court.
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Discrete Model of Two Predators competing for One Prey
Finding Truth: Rendering Justice – A Myth or Reality
1. International Journal of Modern Engineering Research (IJMER)
www.ijmer.com Vol.3, Issue.1, Jan-Feb. 2013 pp-23-29 ISSN: 2249-6645
Finding Truth: Rendering Justice – A Myth or Reality
Pulyapudi Srnivas
Research scholar & Advocate, Visakhapatnam
Abstract: The present family of Advocate’s profession is failing in its duty to understand the actual dispute involved in the
case handled by them on the guise of defending their clients and the advocate’s are totally forgetting the main principles to
be followed by an advocate. Similarly, the judicial officers are hearing what the advocates and consider the judgments
submitted by them and deciding the cases, but when the respective advocates wantonly suppressing the case law which is
against them, the judges who are in the high pedestal are also not referring those judgments which are crucial to decide the
subject matters. Had the Judges refer this three judge bench decision at the appropriate time, this situation could have been
avoided. That is the reason why, the research scholar is of the view that the advocates are failing in their duty to bring it to
the notice of the Court both for and against the case, and ignoring the Supreme Court decision, [the Supreme Court has even
gone to the extent of saying that the Advocate is duty bound to state the correct position of law, when it is undisputed, even if
it does not favour his client.
Key words: Finding Truth, Rendering Justice, Myth, Reality, Professional integrity
I. Introduction
1.1 Indian High Courts Act, 1861 (commonly known as the Charter Act) passed by the British Parliament enabled the
Crown to establish High Courts in India by Letters Patent and these Letters Patent authorised and empowered the High
Courts to make rules for advocates and attorneys (commonly known as Solicitors). The law relating to Legal
Practitioners can be found in the Legal Practitioners Act, 1879 (18 of 1879), the Bombay Pleaders Act, 1920 (17 of
1920) and the Indian Bar Councils Act, 1926 (38 of 1926).
1.2 After Independence it was deeply felt that the Judicial Administration in India should be changed according to the needs
of the time. The Law Commission was assigned the job of preparing a report on the Reform of Judicial Administration.
In the mean while the All India Bar Committee went into detail of the matter and made its recommendations in 1953. To
implement the recommendations of the All India Bar Committee and after taking into account the recommendations of
the Law Commission on the subject of Reform of Judicial Administration in so far as the recommendation relate to the
Bar and to legal education, a Comprehensive Bill was introduced in the Parliament.
Enactment of Advocates Act 1961
2.1 The Advocate Bill was passed by both the Houses of Parliament and it received the assent of the President on 19the
May,1961 and it become The Advocates Act,1961 (25 of 1961).
2.2 The Act 1961 comprises of seven (7) chapters and 60 Sections. Out of 7 chapters, chapter 4 deals with Right to Practice.
Chapter 5 deals with conduct of Advocates.
Professional integrity and high Standard
3.1 Professional integrity and high ethical standards are the badge of honour of a lawyer and his reputation should not be
tarnished by disreputable conduct or deviant behaviour. Credibility and reputation of the profession depends upon the
manner in which Advocates conduct themselves. An Advocate owes a duty to his client, to his opponent, to the Court, to
the society at large, and to himself.
Case Law indicating the duties of Advocates
4.1 In the case of DP Chadha –vs- Triyugi Narain Mishra AIR 2001 SC 457 = 2001 (2)SCC 221, the Supreme Court has
even gone to the extent of saying that the Advocate is duty bound to state the correct position of law, when it is
undisputed, even if it does not favour his client. [Pages 150 and 151 of Sanjiva Row‘s - The Advocates Act 1961,
LexisNexis Butterworths, by DV Subbarao - Seventh Edition] While an Advocate is free to try, to the best of his ability,
to use wit, to persuade the Court to a view of the law which best serves his client, he cannot mislead the Court on a
settled position of law. The Supreme Court in the case of Shambu Ram Yadav –vs- Hanuman Das Khatry AIR 2001 SC
2509 [Page 151 of Sanjiva Row‘s - The Advocates Act 1961, LexisNexis Butterworths, by DV Subbarao - Seventh
Edition] observed that society and public are interested in due administration of justice, and hence a lawyer owes a duty
to society and the Court and he is not supposed to encourage dishonesty and corruption. The profession of law is noble,
and its members are expected to act in an honest and upright manner, and any deviation from these elementary
principles is liable to be dealt with severely. An Advocate practicing law is under a triple obligation – (i) an obligation
to his clients to be faithful to them till the last, (ii) an obligation to the profession not to besmirch (tarnish) its name by
any act done by him, and (iii) and an obligation to the Court to be and to remain a dependable part of the machinery
through which justice is administered. The duty of an Advocate is to assist the administration of justice, and not to
obstruct or impede it and in the performance of his professional duties he is expected not to be influenced by personal
motives, desire of revenge or resentment. He must not hesitate even in appraising the Court with any opposite view of
law previously taken by the superior Court of the land on the question arising in his own case at hand. It is an
www.ijmer.com 23 | Page
2. International Journal of Modern Engineering Research (IJMER)
www.ijmer.com Vol.3, Issue.1, Jan-Feb. 2013 pp-23-29 ISSN: 2249-6645
obligation of the confidence between judge and opposing counsel that the latter should furnish the judge with all
information for and against either party. [Page 162 of Sanjiva Row‘s - The Advocates Act 1961, LexisNexis
Butterworths, by DV Subbarao - Seventh Edition]. An advocate is an officer of the Court and his primary duty is to
assist the Court in arriving at justice. He is a social engineer and should pay a sentinel role in the administration of
justice. He is expected to work like a horse and live like a hermit.
Provisions in Constitution of India
5.1 The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political
principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental
rights, directive principles, and the duties of citizens. It is the longest written constitution of any sovereign country in the
world, containing 395 Articles in 22 parts, 12 schedules and 115 amendments. The Constitution was enacted by the
Constituent Assembly on 26 November 1949, and came into effect on 26 January 1950. The date 26 January was chosen
to commemorate the Purna Swaraj declaration of independence of 1930. With its adoption, the Union of India officially
became the modern and contemporary Republic of India and it replaced the Government of India Act 1935 as the
country's fundamental governing document. The Constitution declares India to be a sovereign, socialist, secular,
democratic republic, assuring its citizens of justice, equality, and liberty, and endeavours to promote fraternity among
them. The words "socialist" and "secular" were added to the definition in 1976 by constitutional amendment. India
celebrates the adoption of the constitution on 26 January each year as Republic Day.
Members of the drafting committee for Constitution of India
6.1 The Constitution was drafted by the Constituent Assembly, which was elected by the elected members of the provincial
assemblies. Sanjay Phakey, Jawaharlal Nehru, C. Rajagopalachari, Rajendra Prasad, Sardar Vallabhbhai Patel,
Sandipkumar Patel, Dr Ambedkar, Maulana Abul Kalam Azad, Shyama Prasad Mukherjee, Nalini Ranjan Ghosh, and
Balwantrai Mehta were some important figures in the Assembly. There were more than 30 members of the scheduled
classes. Frank Anthony represented the Anglo-Indian community, and the Parsis were represented by H. P. Modi. The
Chairman of the Minorities Committee was Harendra Coomar Mookerjee, a distinguished Christian who represented all
Christians other than Anglo-Indians. Ari Bahadur Gururng represented the Gorkha Community. Prominent jurists like
Alladi Krishnaswamy Iyer, B. R. Ambedkar, Benegal Narsing Rau and K. M. Munshi, Ganesh Mavlankar were also
members of the Assembly. Sarojini Naidu, Hansa Mehta, Durgabai Deshmukh, Rajkumari Amrit Kaur and
Vijayalakshmi Pandit were important women members. The first president of the Constituent Assembly was Dr
Sachidanand Sinha. Later, Rajendra Prasad was elected president of the Constituent Assembly. The members of the
Constituent Assembly met for the first time on 9 December 1946.
Independency of Judiciary
7.1 The Judiciary of India is free of control from either the executive or the Parliament. The judiciary acts as an interpreter
of the constitution, and as an intermediary in case of disputes between two States, or between a State and the Union. An
Act passed by the Parliament or a Legislative Assembly is subject to judicial review, and can be declared
unconstitutional by the judiciary if it feels that the act violates the provisions of the Constitution.
Judicial review of laws
8.1 Judicial review is adopted in the Constitution of India from the Constitution of the United States of America. In the
Indian constitution, Judicial Review is dealt with under Article 13. Judicial Review refers that the Constitution is the
supreme power of the nation and all laws are under its supremacy.
A. In the Constitution of India, an Article 124 has been drafted dealing with the creation of the Supreme Court of India.
The said article says as -
B. ‗Article 124
C. Article 124 deals with establishment and constitution of Supreme Court.
Supreme Court
9.1 The Supreme Court of India is the highest Court of the land as established by Part V, Chapter IV of the Constitution of
India. According to the Constitution of India, the role of the Supreme Court is that of a federal Court, guardian of the
Constitution and the highest Court of appeal. Articles 124 to 147 of the Constitution of India lay down the composition
and jurisdiction of the Supreme Court of India. Primarily, it is an appellate Court which takes up appeals against
judgments of the provincial High Courts. But it also takes writ petitions in cases of serious human rights violations or if
a case involves a serious issue that needs immediate resolution.
Composition of the Courts
10.1The supreme Court of India consist if a Chief Justice and, until parliament may by law prescribed a large number, not
more than seven other Judges. Thus parliament increase the number this number, by law. Originally the total numbers of
Judges were seven but in 1977 this was increased to 17 excluding the Chief Justice. In 1986 this number has been
increased to 25 excluding the Chief Justice. Thus the total number of Judges in the Supreme Court at present is 26
including the Chief Justice. The constitution does not provide for the minimum number of Judges who will constitute a
bench for hearing cases.
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Qualification of the Judges of the Supreme Court of India
11.1 The qualifications of the Judges are as follows: - Under Article 124(3) of the constitution talk about the
qualifications of Judges that are
a) He should be a citizen of India.
b) He should have been at least five year a judge of a high Court or of two or more such Courts in succession; or he should
have been for at least 10 years an advocate of high Court or of two or more such Court in succession.
c) He is in the opinion of the president a distinguished jurist.
Appointment of Judges
12.1The Judges of the high Court are appointed by the president. The Chief Justice of Supreme Court is appointed by the
president with the consultation of such of Judges of the supreme and high Court as he deemed necessary for the purpose.
But in appointment of the other Judges the president shall always consult the Chief Justice of India. He may consult he
may consult such other Judges of the Supreme Court and high Court as he may deemed necessary. It should, however be
noted that the power of the president to appoint Judges is purely formal because in this matter he act on the advice of the
council of ministers. There was an apprehension that executive may bring politics in the appointment of the Judges. The
Indian constitution therefore does not leave the appointment of Judges on the discretion of the executive. The executive
under this Article is required to consult persons who are ex-hypothesis well qualified to give proper advice in matters of
appointment of Judges.
12.2Under Article 124(2) the president, in appointment other Judges of the Supreme Court is bound to consult Chief Justice
of India but in appointment the Chief Justice of India he is not bound to consult anyone. The word ‗may‘ used in art 124
makes clear that it is not mandatory on him to consult anyone.
12.3In the preamble of the Constitution of India, it has been specifically mentioned as ‗We, THE PEOPLE OF INDIA
having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC
and to secure to all its citizens JUSTICE , social, economic and political ……………..‘ Thus by having the term
‗JUSTICE‘ in the preamble itself, and, in the oath that is being taken by the Judges that they will uphold Constitution of
India, they have declared that JUSTICE will be rendered to all citizens of India.
12.4In third schedule of the Constitution of India, there exists a form of Oath or affirmation to be made by the Judges of the
Supreme Court of India which is as follows:
‗I, AB, having been appointed Chief Justice(or a Judge) of the Supreme Court of India do swear in the name of
God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that I
will uphold the sovereignty and integrity of India that, I will duly and faithfully and to the best of my ability,
knowledge and judgment perform the duties of my office without fear or favour, affection or ill will and that I will
uphold the Constitution and the laws.‘
12.5In the Little Oxford English Dictionary (Indian Edition), the term ‗JUSTICE‘ was defined to mean – just behaviour or
treatment – the quality of being fair and reasonable‘.
12.6In Stroud‘s Judicial Dictionary (Seventh Edition), the term ‗JUSTICE‘ is defined to mean ‗to do justice‘, among many
other meanings.
13. Removal of Judges
13.1Impeachment:-Article 124(4) and (5):-
A judge may only be removed from his office by an order of the president on ground of proved misbehavior or incapacity.
14. High Courts
14.1‗214. High Courts for States.
There shall be a High Court for each State.
14.2High Courts of India are at the top of the hierarchy in each State but are below the Supreme Court. These Courts have
control over a state, a union territory or a group of states and union territories. Below the High Courts are secondary
Courts such as the civil Courts, family Courts, criminal Courts and various other district Courts. High Courts are
established under Part VI, Chapter V. The High Courts are the principal Courts of original jurisdiction in the state, and
can try all offences including those punishable with death.
15.1India's judicial system is made up of the Supreme Court of India at the apex of the hierarchy for the entire country and
twenty-one High Courts at the top of the hierarchy in each State. These Courts have jurisdiction over a state, a union
territory or a group of states and union territories. Below the High Courts are a hierarchy of subordinate Courts such as
the civil Courts, family Courts, criminal Courts and various other district Courts. High Courts are instituted as
constitutional Courts under Part VI, Chapter V, and Article 214 of the Indian Constitution.
15.2 The High Courts are the principal civil Courts of original jurisdiction in the state, and can try all offences including
those punishable with death.
Jurisdiction of High Court
15.3 Article 226 states: Power of High Courts to issue certain writs.
15.4 Article 226 (1) states ‗Notwithstanding anything in article 32 every High Court shall have power, throughout the
territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases,
any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus,
mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred
by Part III and for any other purpose.
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16. Writ jurisdiction
16.1High Courts are having writ jurisdiction to consider and grant writs on Habeas Corpus Mandamus, Quo warranto,
Certiorari, and Prohibition.
16.2Article 227 states: Power of superintendence over all Courts by the High Court. — Article 227 (1) states ‗Every High
Court shall have superintendence over all Courts and tribunals throughout the territories in relation to which it exercises
jurisdiction.‘
16.3In third schedule of the Constitution of India, there also exists a form of Oath or affirmation to be made by the Judges of
the High Court which is as follows
‗I, AB, having been appointed Chief Justice(or a Judge) of the High Court at (or of)………………. do swear in the
name of God/solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established, that
I will uphold the sovereignty and integrity of India that, I will duly and faithfully and to the best of my ability, knowledge
and judgment perform the duties of my office without fear r favour, affection or ill will and that I will uphold the
Constitution and the laws.
17. Sub-ordinate Courts:-
17.1 ‗Article 233. Appointment of District Judges
Appointments of persons to be, and the posting and promotion of, District Judges in any State shall be made by the
Governor of the State in consultation with the High Court exercising jurisdiction in relation to such State.
18. Whether truth is being elicited and/or justice rendered
18.1 From the elaborate discussion about Advocate‘s Act 1961,and the Constitution of India, it can be seen that the
Advocates have a duty to an Advocate practicing law is under a triple obligation – (i) an obligation to his clients to be
faithful to them till the last, (ii) an obligation to the profession not to besmirch (tarnish) its name by anything done by
him, and (iii) and an obligation to the Court to be and to remain a dependable part of the machinery through which
justice is administered and that the Advocate is duty bound to state the correct position of law, when it is undisputed,
even if it does not favour his client.
18.2Further from a perusal of the Constitutional provisions as well as preamble of the Constitution of India, gives a picture
that the Courts have to render justice to all the citizens of India.
18.3The Law controls public power, regulates personal matters, and provides codes for social and commercial interactions. It
is premised on prudence and the finding of truth. It stresses on fairness, steadiness and expectedness provides the
normative base for individual and community living. From viewing many advocates and cases that are being taken up
for arguments before Hon‘ble Courts at District Court stage, High Court stage and also at Supreme Court stage, the
question that emanates for consideration is that why the law became the subject matter of disrespect and panic. Why do
people shun the Courts, and when once visited will swear not to visit again. Why the Advocate‘s profession (which is
supposed to be noble profession) became a disliked profession.
184. If one put a question, where went wrong with the law, we hear the following
1. Legal proceedings are costly. They are time consuming. They are spread in a mass of hopelessly complex and
indeterminable procedures.
2. Legal cases are often failed to identify or address the real issues involved in the dispute.
3. Advocates are more concerned with winning than finding the truth or solutions. And
4. The legal process actually increases conflict between the parties who come to have their differences resolved. Conflict is
treated with increased doses of conflict to knock out a legal result.
18.5From out of the four referred to above, it is better if we analyse two of them viz., (i) Legal cases are often failed to
identify or address the real issues involved in the dispute; and
(ii) Advocates are more concerned with winning than finding the truth or solutions (otherwise they cannot be treated as a
successful advocate).
18.6When we see that Arbitration is aimed at settlement of disputes quickly without spending huge amounts through private
persons selected for this purpose, generally a feeling will come to light that the contracting parties have to choose the
proper persons to adjudicate disputes in a fair and reasonable manner in accordance with law by taking the settled
principles. The basis for selection of these persons is the contract condition which is called as arbitration clause or
arbitration agreement. In most of the cases, it indicates and gives power to one of the contracting parties to nominate the
sole arbitrator. In some cases, depending upon the parties‘ involvement, the forum for nominating arbitrators will be
some organisation like Indian Council of Arbitration. Similarly there are some more organisations dealing with the
subject of arbitration.
18.7With great respect to brother Advocates, it may be stated that legal cases are often failed to identify or address the real
issues involved in the dispute by understanding the conflict.
19. What is „conflict?‟
19.1According to Little Oxford English Dictionary (Indian Edition), ‗conflict‘ is defined to mean as – a serious disagreement
– a difference of opinions, principles etc.
19.2In Agrawala‘s Legal Dictionary the term ‗conflict‘ is defined to mean as Fight, struggle; to clash.
19.3In general, the said term means ‗antagonistic state or action (as of divergent ideas, interests or persons) and/or
competitive or opposing action of incompatibles.
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19.4Nature of ‗conflict‘ is required to be understood FIRST before dealing with that. It starts with differences and if the
conflict is unresolved, led to disagreements and disputes. When differences reach this stage conflict begins. Disputes
when unresolved become wider areas of conflict. Since we are dealing with understanding the conflict, first we have to
see the content of the problem or root cause of the conflict, issues or interests of both the parties. Mainly this article
concentrates on commercial conflicts. For good resolution of a dispute, one needs to make the parties understand and
appreciate the difference between positions of the respective parties where they stand at law on one hand and interests
and needs on the other. Negotiation is one of the methods of resolution of dispute. This is a process involving direct
contact, dealing and communication between the parties to the contract to the dispute or their representatives. It is
voluntary and becomes binding when an agreement is reached. This is the area where most of the parties are ignoring. If
they mainly concentrate on understanding the nature of conflict or dispute, they can resolve the conflict or dispute and
there may not be any reason for going to the stage of arbitration. Presumably the reason being that, as already stated, that
when a party approaches the Advocate, he will always examine the case in the concept of how to win a case but not
understanding the real nature of conflict or dispute.
20. Article of Hon‟ble Justice V.R.Krishna Iyer
20.1Recently, I came across an article entitled ‗Questions of judicial access‘ written by Hon‘ble Justice V.R. Krishna Iyer to
ascertain whether the Supreme Court of India, or the Supreme Court for Indians? In that article published in The Hindu
Hon‘ble Justice says as:
20.2‗Judicial justice is precious to a people. The adversarial system of justice to be successful has to have the bar as an
integral part of the system of judicial administration. The Bench and the Bar together operate to dispense competent and
sound justice. Justice is the salt of the earth and if the salt loses its savour, wherewith shall they be salted?
20.3The excellence of justice, the refined process of justice and justicing, make humanity happy, harmonious and a haven
(safe place) for peaceful and progressive habitation. Access is negated where the system is expensive; the social
philosophy of judges and the lawyers are with the proprietariat, and the poor are priced out of an archaic system whose
doors are only open to the opulent (lavish), not to the indigent. Dialectical materialism is the reality in the temporal
world, and where purchase of able argument from the Bar is beyond the purse of the litigant he or she is defacto denied
justice.
20.4The Indian legal system is altogether beyond common people. It is so esoteric (mysterious) that it remains alien and
unintelligible to a society that is largely illiterate without the aid of the Bar, which has a professional monopoly over
jurisprudence. If the Court has to many tiers and the highest Court is too distant from the regions where the proletariat
live and struggle for its existence, the right to justice which is quintessence of democracy loses its spiritual value and
cipherises the other fundamental rights.‘ [Bracketed words are supplied by me for better understanding]
21. Case study
21.1In that view of the matter, with great respect to the brother advocates, I am giving few examples (case studies) where the
advocates are not fulfilling their obligations as mentioned above. (Not to embarrass the parties, advocates, and
adjudicators I am giving only fictitious names of the cases, by changing the facts of the cases to suit this article.)
22. Case between “A‟ and B”
22.1. ―A‘ entered a contract with ―B‖ for a specific purpose of execution of some work. The contract value involves Crores
of rupees. The said contract conditions have been drafted and finalized by ―B‖ and one of the conditions of the said
contract is opposed to the public policy and violates a provision of a Central Act, which in turn attracts Section 23 of the
Indian Contract Act 1872. Though ―A‖ pleads the same, counsel for ―B‖ has not budged even an inch (presumably in the
guise of supporting his client which is also one of his duties and obligations). Thereby, the ‗B‘ suffered Crores of
rupees. Had the Advocate first understands the real conflict or dispute, he would have suggested that such a clause in the
contract is opposed to the public policy and also violative of Section 23 of the Contract Act, 1872 and would have
advised the contracting party to frame a suitable clause in consonance with the statutory provisions. Or at best, if a
practice exists to have such clauses, would have suggested the contracting party to frame such a clause in the contract to
see that it is not violative of the Central Act and / or Section 23 of the Contract Act, 1872. With out actually going into
the basic conflict or dispute, if the Advocate intends to take up the case on behalf of a party, he will only try to defend
his party in deviation of the triple obligation and professional duties as mentioned above. In that process even if some
of the judgments (precedents) are not infavour of his client, he is not bring it to the notice of the Judge, which is also an
obligation of the confidence between judge and opposing counsel that the later should furnish the judge with all
information for and against either party.
23. Case between “C” and “D”
23.1. ―C‖ enters into a contract with ‗D‘ for grant of lease of land and the said transaction was also reduced in writing
containing various conditions referring to various obligations to be fulfilled by both the parties to the contract. After
paying some installments of rent, as ‗C‘ failed to pay rent ‗D‘ gave a notice in terms of the provisions of the Pubic
Premises (Eviction of Unauthorised Occupants) Act 1970 for the realization of rent only. But ―D‖ later on, without
following the provisions of the said Act 1970, terminated the lease granted to ‗C‘ and taken possession of the leased
premises from the lessee. Here the conflict involved is the step taken by ‗D‘ in issuance of notice under Act 1970 for
recovery of rent, but not for eviction of ‗C‘. Further there are several irregularities on the part of ‗D‘ i.e., exercise of
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powers of in the name of Estate Officer under Act 1970 contrary to the provisions of the Act 1970, that is to say no steps
were taken to declare the lessee as an un-authorised occupant and no notice was under Section 4 of Act 1970 and order
was passed under Section 5 of the Act. Out of all the irregularities, the greatest irregularity is that no Estate Officer was
appointed under Section 3 of the Act by a notification of the central Government as required under section 3 of the Act
1970 and as if it is only a delegation of power, the Estate officer‘s duties were entrusted to an officer by the Head of the
organisation by means of an office order. All these irregularities have been brought out before the Arbitral Tribunal
comprising of three arbitrators. Without actually going into the basic conflict or dispute, if the Advocate intends to take
up the case on behalf of a party, he will only try to defend his party‘s interests in deviation of the triple obligation and
professional duties as mentioned above. In that process even if some of the judgments (precedents) are not in favour of
his client, he is not bring it to the notice of the Judge, which is also an obligation of the confidence between judge and
opposing counsel that the later should furnish the judge with all information for and against either party.
24. Case between “E” and “F”
24.1. ―E‖ entered into a contract for loan amount with ―F‖ for purchase of mechanical equipment with a condition to repay
the loan amount in installments. After paying some installments, ―E‖ failed to pay the installments due to the
mechanical breakdown of the equipment. Despite mechanical breakdown of the equipment it is an obligation of ―E‖ to
repay the installments. However, the Conditions of contract is unilateral and there are gross violations of the Statutory
provisions while finalising the conditions of contract. For example, Statute says that on giving reasonable notice only
the mechanical equipment is to seized and sole away. But a condition has been inserted contrary to the statutory
provision. Under Law, a notice is required to be given claiming the due amount from ―E‖ and on failure invoke the
arbitration clause. But in this case. Further, ―F‖ has not issued any notice claiming the balance amount from ―E‖ and on
failure to respond arbitration clause was not invoked. However, in this case, both claiming the amount due from ―E‖ and
invocation of arbitration was done by means of a single letter which is contrary to the provisions of the Arbitration and
Conciliation Act 1996. In addition to that, the notice said to have been issued for invocation of the arbitration clause
was sent to a wrong address, which under law it cannot be said to be a valid service. Despite all the above irregularities,
―F‖ initiated action against ―E‖ for recovering the money unauthorisedly and without any authority of law.
25. Case between “G” and “H”
25.1‗G‘ entered into an agreement with ‗H‘ for execution of the contract and in that process ‗H‘ has to use some minor
minerals obtained from quarries. As per the Contract conditions whenever, minor minerals are obtained from a quarry,
the said contractor has to pay seigniorage fee to the Government and obtain a receipt in token of payment of that fee and
produce before ‗G‘ to clear his bills. It is also a condition in the contract that if so such receipt is produced or mineral
revenue clearance certificate obtained from the authorities are not produced, ‗G‘ can deduct the amount corresponding
to the minor mineral used in the contract. In this case as many as 5 minor minerals viz., building stones, gravel, ordinary
clay, sand, brick earth (for the purpose of this article only these minor minerals were referred) were used but no mineral
revenue clearance certificate was produced by ‗H‘. As such, ‗G‘ recovered the corresponding amount from the bills of
‗H‘ towards seigniorage fee, for which ‗H‘ raised a dispute and referred the matter for adjudication by an arbitrator.
Here in this case a person having legal background was appointed as arbitrator. Respective pleas were taken by both the
parties and in support of his claim ‗H‘ examined a witness on his behalf to show that they have paid seigniorage fee to
the concerned authorities. The said witness deposed that seigniorage fee was paid in respect of only one minor mineral
but in respect of the other minor minerals. ‗G contested that neither mineral revenue clearance certificate was produced
nor the witness said that seigniorage fee was paid in respect of all the minor minerals, the recovery of the seigniorage fee
amount towards other minor minerals is in order. But the adjudicating authority by applying the deposition of the only
witness in respect of one minor mineral, to all other minor minerals, accepted the contention of ‗H‘ and rejected the
contention of ‗G‘.
26. In respect of the four examples given above, the following have not been observed:
26.1 In the first case:
26.1.1 From the view point of advocate: He has not properly considered the dispute between the parties and even if it is
taken into consideration, in order to support his client‘s case, might have suppressed that same. He has failed to fulfill the
triple obligation as narrated above.
26.1.2 From the view point of the Adjudicator/Arbitrator: He has failed to consider the pleadings, witnesses testimony,
documentary evidence etc., in adjudicating the claims of the claimant and has not rendered ‗Justice‘, thus he has failed to
comply with the constitutional obligation as mentioned above.
27.1 In the second case
27.1.1 From the view point of advocate: He has not properly considered the dispute between the parties and even if it is
taken into consideration, in order to support his client‘s case, might have suppressed that same. He has failed to fulfill the
triple obligation as narrated above.
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27.1.2 From the view point of the Adjudicator/Arbitrator: He has failed to consider the pleadings, witnesses testimony,
documentary evidence etc., in adjudicating the claims of the claimant and has not rendered ‗Justice‘, thus he has failed to
comply with the constitutional obligation as mentioned above.
28.1 In the third case
28.1.1 From the view point of advocate: He has not properly considered the dispute between the parties and even if it is
taken into consideration, in order to support his client‘s case, might have suppressed that same. That is to say he has not
correctly understood the conflict viz., violation of provisions of the Central enactment. Thus he has considered a void
contract between the parties. He has failed to fulfill the triple obligation as narrated above.
28.1.2 From the view point of the Adjudicator/Arbitrator: He has failed to consider the pleadings, witness‘s testimony,
documentary evidence etc., in adjudicating the claims of the claimant and has not rendered ‗Justice‘, thus he has failed to
comply with the constitutional obligation as mentioned above.
29.1 In the fourth case
29.1.1 From the view point of advocate: He has not properly considered the dispute between the parties and even if it is
taken into consideration, in order to support his client‘s case, might have suppressed that same. That is to say he has not
correctly understood the conflict viz., violation of provisions of the Central enactment. Thus he has considered a void
contract between the parties. He has failed to fulfill the triple obligation as narrated above.
29.1.2 From the view point of the Adjudicator/Arbitrator: He has failed to properly examine the jurisdictional aspect
for adjudicating claim in this case. He has, thus, failed to consider the pleadings, witness‘s testimony, documentary evidence
etc., in adjudicating the claims of the claimant and has not rendered ‗Justice‘, thus he has failed to comply with the
constitutional obligation as mentioned above.
30. In all the above 4 cases, the parties affected lost huge sums of money and some have utilized appellate provisions and
some have not for obvious reasons.
30.1 Triple obligations to be followed by the Advocates
30.2 Had the concerned advocates properly understood the conflict and fulfilled the triple obligations cast on them and
other duties as narrated in this article, the parties will have a proper adjudication of claims resulting in reduction of
number of cases at the higher stages.
30.3 In view of the elaborate discussion of the subject, one question remains unanswered – viz., whether really truth is
being elicited in the proceedings and justice being rendered to the affected parties. From looking at the overall
situation, the answer is definitely in the negative i.e., a MYTH but not in reality, except in very rarest of rare cases.
When the matter will set at rest can only be decided by the participating advocates and adjudicators.
---o0o---
II. Acknowledgements
I state that in my research work, I am being guided immeasurably by Smt. SUMITRA SRIPADA, Associate
Professor, Dr. B.R. Ambedkar College of Law, Visakhapatnam, and but for her guidance and support, I would not have
reached this stage of submitting research paper, which is part of research, in my research work. I, therefore, acknowledge her
guidance and support in this regard.
I also acknowledge the support and encouragement given by my friends and well wishers to pursue the Research work.
References
[1] Advocates Act 1961 – Seventh Edition – LexisNexis Butterworths
[2] Constitution of India – Tenth Edition – Revised by Mahendra P Singh
[3] Article of Hon‘ble Justice V.R. Krishna Iyer (Retd), Supreme Court of India
[4] Four cases referred to above. ( for the purpose of confidentiality, the cases names are not being given to keep up my word to the
concerned)
[5] DP Chadha –vs- Triyugi Narain Mishra AIR 2001 SC 457 = 2001 (2)SCC 221
[6] Shambu Ram Yadav –vs- Hanuman Das Khatry AIR 2001 SC 2509
Chapters in Books:
[1] Chapter 5 at pages 150, 151 of Advocates Act 1961 Seventh Edition
[2] Constitution of India Article 124, 214, 226, 227, 233 by Mahendra P Singh,
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