Jurisprudence is the basic subject in law. It is the grammar of law, as it studies law as a whole through different theories, principles, and philosophical and sociological approach. Different jurists through their interpretations have evolved theories which helps us study the purpose and utility of laws around the world.
The Power Point deals with the legal concept of Rights and Duties. An attempt has been made on the part of the author to explain the depth of the topic in lucid terms with the help of flowcharts and examples.
Difference between lease and license: Everything you need to knowMyAdvo.in
A brief view of Lease and License. This PPT talks about the difference between Lease and License on the basis of agreement, interest, transferability, etc.
Jurisprudence is the basic subject in law. It is the grammar of law, as it studies law as a whole through different theories, principles, and philosophical and sociological approach. Different jurists through their interpretations have evolved theories which helps us study the purpose and utility of laws around the world.
The Power Point deals with the legal concept of Rights and Duties. An attempt has been made on the part of the author to explain the depth of the topic in lucid terms with the help of flowcharts and examples.
Difference between lease and license: Everything you need to knowMyAdvo.in
A brief view of Lease and License. This PPT talks about the difference between Lease and License on the basis of agreement, interest, transferability, etc.
Specific performance of contract is subject matter of Specific relief Act 1963. These slides are summarized presentation to enable the students to understand the concept of specific relief
In this PPT various kinds of Writs have been discussed along with the relevant case laws. Also, relevant article such as Art 32 and Art 226 of the Indian Constitution have been explained.
These slides describe the law that applies to leases and tenancies. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
LLB LAW NOTES ON ADMINISTRATIVE LAW
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/
Specific performance of contract is subject matter of Specific relief Act 1963. These slides are summarized presentation to enable the students to understand the concept of specific relief
In this PPT various kinds of Writs have been discussed along with the relevant case laws. Also, relevant article such as Art 32 and Art 226 of the Indian Constitution have been explained.
These slides describe the law that applies to leases and tenancies. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
LLB LAW NOTES ON ADMINISTRATIVE LAW
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/
The presentation deals with some legal maxims used in India starting from what is a legal maxim to some legal maxims used in Indian Courts viz. Actus Dei Nemini Injuriam , Actori incumbit onus probandi , Actio Personalis Moritur Cum Persona , Actus Non Facit Reum Nisi Mens Sit Rea , Assignatus utitur jure auctoris etc .with their English meaning and related case law.
The presentation deals with some legal maxims used in India starting from what is a legal maxim to some legal maxims used in Indian Courts viz. Actus Dei Nemini Injuriam ,Actori incumbit onus probandi etc with their English meaning and related case law.
Conduct of arbitral proceeding vaibhav goyalVaibhav Goyal
Arbitration and conciliation have been the preferred system of resolution of disputes in India from times immemorial. Sir Henry Maine observes that, “In those parts of India, in which village community was most perfect, the authority, exercised elsewhere by the headman, was lodged with what was called the village council or the panchayat.” The prevalent system of arbitration in India made Chief Justice Marten compelled to state in the case of Chanbasappa Gurushantappa vs. Baslinagayya Gokurnaya Hiremath (1927) that “It is indeed a striking feature of ordinary Indian life. And I would go further and say that it prevails in all ranks of life to a much greater extent than is the case in England. To refer matters to a Panch is one of the natural ways of deciding many a dispute in India.” The Orissa High Court in the case of State of Orissa vs. Gangaram Chhapolia (1982), traced the sequence of the formal codification of law on arbitration starting from Bengal Regulations of 1772 and 1780 to Bengal Regulation IX of 1883 which authorised Settlement Officers to refer disputes to arbitration. The Britishers introduced various acts dealing with the law on Arbitration including the Act IX of 1840, the Specific Relief Act of 1878, the Code of Civil Procedure of 1908, the Indian Arbitration Act of 1940 and The Arbitration and Conciliation Act, 1996.
You're a law student? You need markandalaw! Markandalaw is the leading primer on contract law, filled with the most recent developments in contract law.
The Practical Law of Arbitration and Conciliation is a new edition of the definitive work on arbitration and conciliation law. It sets out the legal framework for resolving disputes without recourse to litigation.
A detailed draft provided for a Sub-Contract Agreement that can be used as a base and guideline for all sub-contract or works contracts in any country.
Examples of UAE law are mentioned as this document was created by me due to my association with an organisation in the UAE.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
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.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
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.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
1. NOTE ON: Laws Relating to Self-Advocacy;
Its Advantages and Disadvantages
Section 32 of the Advocate’s Act clearly mentions, the court may allow any person to
appear before it even if he is not an advocate. Therefore, one gets the statutory right to
defend one’s own case through Advocate Act in India. This rule is subject to certain
exceptions.
Article 19 of the Constitution of India guarantees certain freedoms to the citizens of this
country which includes right to practice any profession or to carry on any occupation,
trade or business. It, therefore, naturally follows that the right to practice law, which is
a profession, is a fundamental right that is conferred upon all citizens of this country.
Therefore, it can be said that the person has right to appear in any court in India. There
are exceptions based on general rules that are only regulatory in nature and the main
purpose is to impose reasonable restrictions in the interest of general public.
Every court has their rules which serve as a guideline for procedure implementation and these rules
also talks about contending case without an advocate.
Rules are regulatory provisions and do not impose a prohibition on the practice of law.
These Rules prescribe that a person who is not an advocate in the High Court is
obligated to file an appointment along with a local advocate. There is no absolute bar
to appear.
In fact, with the leave of the Court, a non-advocate is still permitted to appear even
without a local advocate. Also, an advocate who is not on the roll-of-advocates in the
High Court can appear along with a local advocate.
2. Alternatively, even without fulfilling this requirement, an advocate who is not on the
rolls of advocates in the High Court can move an application before the Court seeking
leave to appear without even a local advocate and in appropriate cases, such a
permission can be granted.
What is the provision for Fighting One’s Own Case as per The Provision
of Civil Procedure Code?
Order rule 1 of Civil Procedure Code:
Any application, appearance or act in court can be made by the following-
1. The party in person, that is a party involved in a case.
2. Any recognized agent of such party.
3. By a pleader, appearing, acting, applying on his behalf.
4. This rule is as per court’s discretion.
The rules laid down are general rules and consider the appearing person not as a man but as a party
in the suit. Agents, as mentioned in point number two, can only apply and not plead. Power of
attorney holder: An attorney holder is empowered to act on behalf of the principal.
There are multiple situations based on same facts where a party involved in a case have
changed multiple lawyers and finally ends up with no cash in pocket. Not even to hire a
new lawyer. What should a person do in such cases?
There is a solution to these problems and the solution is fighting one’s own case. But with greater
power comes greater responsibility. It is true that you will be having in-depth knowledge of the
facts as these represents your own timeline but along with the facts, one must be well versed with
the working knowledge of substantive and procedural parts of the law.
3. For example:
If someone is a party to a breach of contract, and that person has in-depth knowledge of their
agreement clauses, this alone will not suffice. Along with knowing the agreement clauses, one
must know the provisions of Indian Contract Act and how a civil suit is filed.
There exists a definite and set mechanical procedure for filing cases in courts. Courts are
enslaved by their own procedure. For everything there exist steps which you are
mechanically required to follow. In-fact, even for getting a certified copy of one’s own
judgment, you will be required to hop from one court office to the other and finally bribing
the Munshi to take the copy of your own judgment.
Illustration I:
In Supreme Court, every annexure has to be certified on its last page, while in Delhi
High Court, every annexure has to be certified on each page.
There exists a pile of intricacies which, although, are not tough but requires knowledge
of things and which comes with experience.
One can go and fight a case in the court, but the preparation beforehand is the real deal.
Take another illustration of drafting. There are many lawyers who don’t know drafting
effectively as it requires experience and knowledge of law. A layman will face not only
difficulties but also technical failures which might result in getting the case disposed at the
registration stage itself.
Take another example of jurisdiction. Approaching the correct court is the first step
towards filling a case. If the case is registered in the wrong court which has no jurisdiction
to entertain your case, you will be thrashed up.
Illustration II: Incident is of Jharkhand High Court, while a Doctor was fighting his own case.
The doctor lost his temper and became aggressive towards the defendant’s lawyer.
4. The hon’ble Chief Justice (Retd.) Justice Virendra Singh reminded the doctor of ethics of the legal
profession.
“Judges might leave you as you are 10 feet away from us but the learned advocate to whom you
are being aggressive won’t as he is at a distance of mere 2 feet from you”.
Therefore, learning the court ethics and mannerism is also difficult as these are not learned
overnight.
The majority of Substantive and Procedural laws were drafted on the model of Common
law. The linguistic character of the Acts and regulation are based on multiple semantics
and pragmatics rule. Use of a particular ‘shall’ and ‘may’ is capable of turning the
tables. Unlike American legal system where laws are very simply put in language, so a
layman also gets the gist of law.
Are there a Few Courts Where It Is Compulsory to Fight Your Own
Case and No Advocates Are Allowed?
Rule 37 of the Family Court (Rules) 1988 empowers the Court to permit the parties to be
represented by a lawyer in Court.
While interpreting section 13 of the Family Courts Act, 1984 and Rule 37 of the Family (Court)
Rules, 1988, in Lala Mahadeo Joshi v. Dr. Mahadeo Sitaram Joshi, a Division Bench of this Court
held that section 13 of the Family Courts Act, 1984 does not prescribe a total bar to represent by a
legal practitioner which would itself be unconstitutional.
The Court also observed that refusing permission to be represented by a legal practitioner may
inevitably result in a possible miscarriage of justice.
In Kishorilal Govind ram Bihani v. Dwarkabai Kishorilal Bihani reported, the court reiterated that
the party may be permitted to be represented by a lawyer before Family Courts considering the
complexities of the case.
5. Thus, even where the statute contained a provision of an express bar for representation through
legal practitioner without permission of the Court, Courts have held that such permission should
not be normally be denied.
Arbitration and Conciliation Act, 1996 contains no provision which bars the representation of the
parties by a legal practitioner. On the other hand, there is an indication in the Explanation to sub-
section (8) to section 31 suggesting that appearance by lawyers is permitted.
Is There A Need for Lawyers in ConsumerForums?
A review of the provisions of the Act discloses that the quasi-judicial bodies/authorities/agencies
created by the Act known as District Forums, State Commissions and the National Commission
are not courts though invested with some of the powers of a civil court. They are quasi-judicial
tribunals brought into existence to render inexpensive and speedy remedies to consumers.
It is equally clear that these forums/commissions were not supposed to supplant but supplement
the existing judicial system. The idea was to provide an additional forum providing inexpensive
and speedy resolution of disputes arising between consumers and suppliers of goods and services.
The forum so created is uninhibited by the requirement of court fee or the formal procedures of a
court. Any consumer can go and file a complaint. The complaint need not necessarily be filed by
the complainant himself; any recognized consumers’ association can espouse his cause.
Where a large number of consumers have a similar complaint, one or more can file a
complaint on behalf of all.
Even the Central Government and State Governments can act on his/their behalf.
The idea was to help the consumers get justice and fair treatment in the matter of goods
and services purchased and availed by them in a market dominated by large trading and
manufacturing bodies.
6. What is the Court’s Opinion on the abuse of Power to Represent One’s
Case?
In an incident, Chennai High Court took strict action against Ashok Surana who represented
others without even having a law degree. He signed power of attorney agreements and merrily
went on representing his ‘clients’ (he calls them ‘principals’) but non-advocates cannot, as of
right, barge into a courtroom and claim to plead for another.
CONCLUSION
Indeed, the entire Act revolves around the consumer and is designed to protect his interest. Even
a consumer can argue his own case under the provision of Consumer Protection Act.
Same is the provision for arguing before Industrial Disputes Act, the Income Tax Act and the Sales
Tax Act or the Monopolies and Restrictive Trade Practices Act. Such instances can be multiplied.