A civil advocate in Indoremust charge a fee consistent with his standing at the bar and the nature of the case. The Constitution of India makes provision for the high courts to settle the table of fees payable to advocates practicing before them. An advocate must not stipulate a fee contingent on the results of litigation or agree to share the proceeds of litigation. This is because giving the lawyer an interest in the subject matter of the suit is against professional ethics and violative of public policy.
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
Alternative dipsute resolution system is informal method of resolving conflicts. there are different modes of ADR viz., negotiations, mediation , conciliation and arbitration etc.
Federal FeaturesThe federal features of the Constitution include:(1) A written constitution which defines the structure, organization and powers of the central as well as state governments(2) A rigid constitution which can be amended only with the consent of the states(3) An independent judiciary which acts as the guardian of the constitution.(4) A clear division of powers between the Center and the States through three lists- Union list, State list and Concurrent list(5) The creation of an Upper House (Rajya Sabha) which gives representation to the states, etc.
Contracts under private international law is governed by different principles and maxims. This slide gives you an idea about it and included all relevant case laws.
It is a power point presentation on Natural law theory of Jurisprudence which is very important to learn by a person who wants to understand law. This theory is basis for fundamental rights given in part of Indian constitution so it is very important to understand and imply it in our legal system.
This paper looks at the Doctrine of Waiver, it’s definition and its historical growth over the period of time. It looks at the landmark judgment’s which have made some relevant points while looking at the doctrine. Some of the salient features of the doctrine has been laid down.
A right is frequently described as an interest or a claim that gives the holder the ability to control how others behave, i.e., to force them to perform or refrain from performing an action. It is critical to consider how frequently these rights are waived.
A person has specific legal rights that are granted to him by the constitution, a law, or a contract. A right is an interest or a claim that gives the holder the ability to direct the behaviour of others, i.e., to compel someone to do or refrain from doing something. Whether these rights can be waived raises an important question.
According to Black’s Law Dictionary, doctrine of waiver is the deliberate or willing renunciation of a recognized right. Waiver occurs when a person knowingly and consciously chooses not to exercise a right that they would otherwise have or knowingly gives that right away. When a person waives a right, they are no longer able to exercise it and are not permitted to question the legality of the law for which it was waived.
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
Alternative dipsute resolution system is informal method of resolving conflicts. there are different modes of ADR viz., negotiations, mediation , conciliation and arbitration etc.
Federal FeaturesThe federal features of the Constitution include:(1) A written constitution which defines the structure, organization and powers of the central as well as state governments(2) A rigid constitution which can be amended only with the consent of the states(3) An independent judiciary which acts as the guardian of the constitution.(4) A clear division of powers between the Center and the States through three lists- Union list, State list and Concurrent list(5) The creation of an Upper House (Rajya Sabha) which gives representation to the states, etc.
Contracts under private international law is governed by different principles and maxims. This slide gives you an idea about it and included all relevant case laws.
It is a power point presentation on Natural law theory of Jurisprudence which is very important to learn by a person who wants to understand law. This theory is basis for fundamental rights given in part of Indian constitution so it is very important to understand and imply it in our legal system.
This paper looks at the Doctrine of Waiver, it’s definition and its historical growth over the period of time. It looks at the landmark judgment’s which have made some relevant points while looking at the doctrine. Some of the salient features of the doctrine has been laid down.
A right is frequently described as an interest or a claim that gives the holder the ability to control how others behave, i.e., to force them to perform or refrain from performing an action. It is critical to consider how frequently these rights are waived.
A person has specific legal rights that are granted to him by the constitution, a law, or a contract. A right is an interest or a claim that gives the holder the ability to direct the behaviour of others, i.e., to compel someone to do or refrain from doing something. Whether these rights can be waived raises an important question.
According to Black’s Law Dictionary, doctrine of waiver is the deliberate or willing renunciation of a recognized right. Waiver occurs when a person knowingly and consciously chooses not to exercise a right that they would otherwise have or knowingly gives that right away. When a person waives a right, they are no longer able to exercise it and are not permitted to question the legality of the law for which it was waived.
Kegler Brown's annual seminar on professional responsibility was presented on Friday, October 18, 2019 at the Columbus Bar Association (CBA). This year's seminar featured guest speaker, Kent Markus, who is a part of the Bar and General Counsel at the CBA, showcased an overview of the disciplinary system featuring an in-depth flowchart along with practical tips and best practices.
A panel discussion Q+A about topics ranging from advisory opinions, recent ethics developments, identifying issues, and the duty to report, were all covered by Kegler Brown litigators Jane Gleaves and Jason Beehler.
Moderator, Chris Weber discussed ways to navigate Ohio's Advocate-Witness rule, and his personal recommendations for best practices.
In addition to the standards set by the Missouri Supreme Court, the American Bar Association set even more detailed standards in 2003 for attorneys who would serve in this fashion as a quasi-judicial arm of a court.
Questions remain as to whether any GALs in St. Louis County are even aware of this document.
Insider Lease Agreements (Series: Ethical Issues in Real Estate-Based Bankrup...Financial Poise
It is a common play in real estate to create a separate operating entity to serve as a tenant and execute a lease between the owner of the property and himself. Typically, this happens in assets which serve as a real estate-based business, such as a retail property. The structure enables the operator to reduce the taxable income of the business and also provide a liability shield for the property owner. This arrangement can lead to some ethical issues should the property owner become distressed. For example, is the lease amount above market and therefore being used to inflate the property valuation? Is rent actually being paid? Is there a proper lease in place or just an internal handshake? Attorneys need to understand the set-up in order to know what is in bounds and what is outside the lines. This webinar looks at this leasing structure and examines the issues that may arise.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/insider-lease-agreements-2020/
Welcome to today's discussion on the intriguing difference between lawyer and attorney, two terms often used interchangeably but with nuanced differences.
In the realm of law, this topic has consistently captivated legal enthusiasts and curious minds alike.
So, what truly sets lawyers and attorneys apart?
Join us as we delve into the intricacies of these titles, unraveling the complexities and shedding light on their unique roles within the legal profession.
Through this exploration, we aim to foster a comprehensive understanding that will undoubtedly empower you with newfound knowledge in the fascinating world of law.
Lawyers A Guide to Navigating the Legal System.pptxAustralia Day Out
Embark on an insightful exploration of the legal realm with our guide. Uncover key concepts and navigate intricate procedures, gaining essential insights to confidently engage with the legal system. Empower yourself with the knowledge to make informed decisions and effectively navigate legal challenges. Explore our curated list of the Best Lawyers in Geelong to find the perfect match for your needs.
How Can A Criminal Lawyer Become a Better Lawyer_.docxlawyersonia
Criminal law is a complex and demanding field that requires lawyers to possess unique skills and qualities. Whether they defend individuals accused of crimes or prosecute offenders, criminal lawyers in Bangalore play a crucial role in upholding justice and ensuring fair treatment under the law.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
1. Duties Of An Advocate Towards His Client
It is seen that the relationship between a lawyer and a client is highly
fiduciary and it is the duty of an advocate fearlessly to uphold the
interests of the client by fair and honorable mainly means without regard
to any unpleasant consequences to himself or any other person.
Duty to charge reasonable fees
A civil advocate in Indore must charge a fee consistent with his standing
at the bar and the nature of the case. The Constitution of India makes
provision for the high courts to settle the table of fees payable to
advocates practicing before them. An advocate must not stipulate a fee
contingent on the results of litigation or agree to share the proceeds of
2. litigation. This is because giving the lawyer an interest in the subject
matter of the suit is against professional ethics and violative of public
policy.
Duty to make full and frank disclosure
A lawyer mainly ensures, at the current commencement of his
engagement and during its continuation, always make allfull and frank
disclosures to his client relating to his connection with the parties, and of
any interest he may have in and, or about the controversy, as is likely to
affect his client's judgment in engaging him on continuing the
engagement.
Duty to ensure no conflict of interest
An advocate must always make a duty not to accept any engagement in a
trial in which he may have to givetestimony, although there is no rule of
evidence disqualifying counsel from mainly giving evidence in a suit in
which he is engaged. The top civil advocate in Indoreis not entitled to
act in a professional capacity as well as a constituted attorney of a party
in the same matter or cause.
3. Duty of care to a client
An advocate should always ensure that the interests of the client are not
in any manner hurt by his acts or omissions. He must always defend a
person accused of a crime, regardless of his personal opinion as to the
guilt of the accused and must not abuse or take advantage of the
confidence reposed in him by the client.
Duty to maintain confidentiality
The relation between a lawyer and a client involves the highest degree of
personal trust and confidence. The Indian Evidence Act specifically
provides that no lawyer is any time permitted, to disclose any
communication made between his client and himself during the course
of the engagement unless it is with his client's express permission.
Duto to act only on clients instructions
Mainly the engagement of a lawyer comes to an end when the client
becomes unable to giveinstructions because of his mental illness or other
reasons. The best civil advocates in Indoreacting on the instructions of
an agent and not the instructions of the client commits professional
misconduct.
Duty to the law
Though a top lawyer in Indorehas the duty to represent his client to the
best of his ability, he should not neglect the fact that his loyalty is to the
law. So, an advocate must also not be a party to fomenting of litigation.
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