Ruleoflaw.in

07/01/2022

CHAPTER - II
Standards of Professional Conduct and Etiquette (Rules under Section 49 (1) (c) of the Act read with the Proviso thereto )
Preamble
An advocate shall, at all times, comport himself in a manner befitting his status as an officer of the Court, a privileged member of the community, and a gentleman, bearing in mind that what may be lawful and moral for a person who is not a member of the Bar, or for a member of the Bar in his non-professional capacity may still be improper for an advocate. Without prejudice to the generality of the foregoing obligation, an advocate shall fearlessly uphold the interests of his client and in his conduct conform to the rules hereinafter mentioned both in letter and in spirit. The rules hereinafter mentioned contain canons of conduct and etiquette adopted as general guides; yet the specific mention thereof shall not be construed as a denial of the existence of others equally imperative though not specifically mentioned.

03/12/2021

Advocates' day is celebrated in India by the lawyer community on the 3rd of December to mark the birth anniversary of Dr. Rajendra Prasad, the First President of India and a very eminent lawyer himself.

13/11/2021

Some Necessities Before Buying A Property
Every State May Have It’s Own Rules, Regultions & Documentation.
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14/08/2021

Recent order by High Court at MP. Thoughts ?

07/08/2021

The Principle “ Nemo Debet Esse Judex In Propria Causa “ of Natural Justice is also known as the rule of bias or the doctrine of bias.

The first principle of impartiality roughly translates into English means nobody shall be a judge in his own cause or in a cause in which he is interested. That is the authority sitting in judgement should be impartial and act without bias.

16/07/2021

02/07/2021

The Central Government has amended the Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2020 enabling appointment of Advocates with ten years experience as Judicial Members of various Tribunals.

The Amendment was notified yesterday (30th June) and has come into force.

In November, last year, the Supreme Court had observed that the exclusion of Advocates in 10 out of 19 tribunals, for consideration as judicial members is contrary to the judgments in Union of India v. Madras Bar Association (2010) and Madras Bar Association v. Union of India. The court had opined that, since the qualification for an advocate of a High Court for appointment as a Judge of a High Court is only 10 years, the experience at the bar should be on the same lines for being considered for appointment as a judicial member of a Tribunal.

16/06/2021

It is a very popular doctrine in the law of torts; it is circumstantial or indirect evidence which infers negligence from the very nature of the accident that has taken place and there is the absence of direct evidence against the defendant. Res Ipsa Loquitor is applied when it can be said that without the defendant being negligent, the accident would not have happened.

Elements of Res Ipsa Liquitor
Before claiming the tort of Res Ipsa Loquitor, a plaintiff must meet a few requirements to claim compensation -

-The event that caused injury to the plaintiff does not occur unless someone has acted negligently.
-The evidence adduced rules out all the possibilities of the fault of the plaintiff or third party.
-There is a duty of care of defendant towards the plaintiff which he breached.

Landmark case-laws


Scott v. the London and St. Katherine Docks Company (1865) 159 E.R. 665

Rampeary and Another v. Jai Prakash and Another (2 Camp. 79)

State of Punjab v. Modern Cultivators, Ladwa 1965 AIR 17, 1964 SCR (8) 273

07/06/2021

The E-Committee of the Supreme Court has published the Draft Rules on Live-Streaming and Recording of Court Proceedings in a bid to invite inputs and suggestions from stakeholders on or before 30th June, 2021.

The Rules have been framed with the object to "imbue greater transparency, inclusivity and foster access to justice" and will be applicable to High Courts, courts and tribunals over which the High Courts have supervisory jurisdiction.

The sub-committee has held extensive deliberations. It took into account the principles enunciated in the decision of the top court in Swapnil Tripathi v Supreme Court of India,(2018) 10 SCC 639 including the concerns of privacy and confidentiality of litigants and witnesses, matters relating to business confidentiality, prohibition or restriction of access to proceedings or trials stipulated by Central or State legislation and in some cases to preserve the larger public interest owing to the sensitivity of the case.

07/06/2021

THE Madras High Court Monday issued a slew of directions to allow the LGBTQIA+ community to lead a safe and secure life.

The LGBTQIA+ community could not be left to feel vulnerable with no guarantee for their protection and safety, a single-judge bench of Justice N.Anand Venkatesh said, while issuing the directions which would be operative till the legislature came up with relevant enactments.

The directions are:

The police, on receipt of any complaint regarding girl/woman/man missing cases which upon enquiry/investigation is found to involve consenting adults belonging to the LGBTQIA+ community, shall upon receipt of their statements, close the complaint without subjecting them to any harassment.
The Ministry of Social Justice & Empowerment (MSJE), has to enlist Non-Governmental Organizations (NGOs) including community-based groups which have sufficient expertise in handling the issues faced by the LGBTQIA+ community.
Any person who faces an issue for the reason of their belongingness to the LGBTQIA+ community may approach any of the enlisted NGOs for safeguarding and protecting their rights.
The concerned NGO in consultation with the MSJE, shall maintain confidential records of such persons who approach the enlisted NGOs and the aggregate data shall be provided to the concerned Ministry bi-annually
Such problems shall be addressed with the best-suited method depending on the facts and circumstances of each case be it counselling, monetary support, legal assistance with the support of District Legal Services Authority, or to co-ordinate with law enforcement agencies about offenses committed against any persons belonging to the LGBTQIA+ community.
With specificity of issue of accommodation, suitable changes are to be made in existing short stay homes, Anganwadi shelters, and “garima greh” (shelter home for transgender persons, the purpose of which is to provide shelter to transgender persons, with basic amenities like shelter, food, medical care and recreational facilities. Besides, it will provide support for capacitybuilding/skill development of persons in the community, which will enable them to lead a life of dignity and respect) to accommodate any and every member of the LGBTQIA+ community, who require shelters and/or homes. The MSJE shall make adequate infrastructural arrangements in this regard, within a period of 12 weeks.
Such other measures that are needed for eliminating prejudices against the LGBTQIA+ community, and channelizing them back into the mainstream shall also be taken up. The Union and State Governments respectively, in consultation with such other Ministries and/or Departments shall endeavour to device such measures and policies.
In addition, the court directed the police department to hold programs at regular intervals on steps to be taken for protection from and prevention of offences against the LGBTQIA+ community. Conduct sensitization about legal rights of LGBTQIA+ community at regular intervals.

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28/05/2021

What is Passing Off & Infringement Of and differences with judgements..

If the trademark is registered, section 28(1) of The Trademark Act, 1999 provides a right to get relief against the infringement of trademark in accordance with the provision of the Act.
Passing off is not specifically mentioned in the act. An infringement proceeding cannot be initiated against unregistered trademark but Section 27(2) says that a passing off proceeding can take place for an unauthorized use of an unregistered trademark.

19/05/2021

This case is from Perambalur District in Tamil Nadu. Where From the year 2012 onwards, the Muslims started objecting to some of the Hindu festivals terming them as Sins and contending that the area were dominated by Muslim Population, and hence these festivals should be prohibited or regulated. And they had the gall to move court and get such orders too.
Finally a division bench overruled such orders , and have a fantastic judgement in WA 743 & 2064 of 2019 dated 30/04/2021.
The judgement went onto say :-

"If religious intolerance is going to be allowed, it is not good for a secular country. Intolerance in any form by any religious group has to be curtailed and prohibited."

"In this case, intolerance of a particular religious group is exhibited by objecting for the festivals which have been conducted for decades together and the procession through the streets and roads of the village are sought to be prohibited, stating that the area is dominated by Muslims and therefore, there cannot be any Hindu festival or procession through the locality," the judges noted.

India is a secular country and merely because one religious group is living in majority in a particular area, it cannot be a reason for not allowing other religious festivals or processions through that area.

If the contention of the private respondent is to be accepted, then it would create a situation in which "minority people cannot conduct any festival or procession in most of the areas in India," the court said.

"If resistance is being exhibited by one religious group and it is reciprocated by the other religious groups, there would be chaos, riots, religious fights, causing loss of lives and destruction of properties," the bench added.