Sunday, January 27, 2019

Role Of Competition Commission Of India By Vipin Maurya


The Competition Commission of India(CCI) is play an important role in the market. It sustains a healthy competition in the market and CCI eliminates the activities which have adversely effect the competition. CCI is responsible for sustaining competition in market because if there will be competition in market, it's more beneficial for consumer.
    The CCI was setup under the competition act, 2002 by the central government. CCI is establish for the  implementation of provisions of competition law. The CCI is set up in the place of Monopolies and Restrictive Trade Practice ( MRTP ) commission because MRTP act was failed to addressing competition and anti competitive practices that's why MRTP act was repealed and MRTP commission was dissolved. CCI was established in 2003 and started functioning from year 2009. CCI consists with one chairman and six member.
The basic object of the CCI to prevent practice having a adverse effect on competition, to promote and sustain the competition in market, to protect the interest of consumers and to ensure freedom of trade carried by other participants in market. CCI hears cases relating to competition law and play role as competition advocacy.
The Competition commission of India prohibits anti-competitive agreement (section-3), abuse of dominant position (section-4), combination regulation (section-5 & 6), competition advocacy (section-49). For checking whether agreement is anti competitive or not and checking misuse of dominant position is given under section-19 of the competition act, 2002. For checking the combination regulation, it checks under section-20 of the competition act, 2002.
CCI can inquiry and take action by its own motion or filling complaint by traders and consumers and inquiry reference by Central and State government. An appeal, direction, order or decision of CCI lie into the Competition Appellant Tribunal ( CAT ). An appeal against CAT decision shall lie on supreme court within 60 days.

Wednesday, January 23, 2019

BCI Writes 10 Demands TO Modi For Welfare Of Advocates




The Bar Council of India on Tuesday written a letter to Prime Minister Narendra Modi and raised 10 demands for the welfare of advocates. The letter sent by BCI president Manan Kumar Mishra reminded Modi of the promises he had made to the lawyers at the closing ceremony of the Golden Jubilee celebration of Bar Council of India on 01 March, 2014, when he was the Chief Minister of Gujarat.

BCI demanded an annual budget of Rs 50,000 crore and medi claim, which would cover insurance of Rs 20 lakh for the lawyers. In the letter, they said, "The budget session is begin soon, our request is very simple. As citizens of this country, lawyers and their families also have the right to receive bare minimum requirements of life and live a respectable and safe life.

The BCI has made 10 demands as under:

  • Insurance cover up to Rs 20 lakh for lawyers and their families (dependents).
  • Mediclaim: Free medical treatment for all types of illness (if necessary) in the best hospitals of India and other countries for advocates. For this purpose, a special card should be provided to the lawyers so that they can take advantage of the scheme anywhere and at any time.
  • Stipend (minimum 10,000 rupees per month) for new entrants in the bar for 5 years of their practice.
  • Provision for family pension in case of pension plans for aged / ineligible advocates and untimely death of advocates (minimum Rs. 50,000).
  • Advocates Protection Act to Enacted for advocates
  • There should be adequate housing / accommodation / seating facilities and facilities for women advocates with well-equipped libraries, e-libraries, toilets etc. in all the Union Associations of the country.
  • Interest-free housing loans, loans for the library, vehicles for needy advocates. Government should acquire land for advocates housing at affordable rates.
  • Legal Services Authority Act - Amendment and necessary changes should be made in the Act so that the work can be discharged by the lawyers (not to judges or judicial authorities only)
  • All the Acts (which provide for the appointment of retired judges / judicial officers as Presiding Officers / Members of various tribunals, commissions or Forums) so that competent advocates (and not only judges) can be appointed at these places.
  • In the case of untimely death of any advocate (below 65 years of age) due to accident, murder, any illness, the government should provide at least Rs. 50 lakhs to the family / dependents.


Tuesday, January 22, 2019

If Police Refuse To Register Your FIR,What To Do?


What is FIR?


The First Information Report (FIR) is a written document prepared by the police when they receive information about the commission of a cognizable offence.This is a report of the information that first comes to the police and therefore it is called the first information report. This is usually a complaint lodged by victim to police of a cognizable offence or by someone on his/her behalf.

Who can lodge FIR?


An FIR can be lodged by the victim or the witness of the incident or any person is aware of the incident. This information can be given on written or oral or telephone.

What You Should Do If Police Officer Refuse To File FIR?


If you are report a crime and the police refuses to register your FIR on unreasonable grounds, you can complain to a high ranking officer.

If the concerned officer in charge refuses to file a first information report about commission of cognizable offence within his territorial jurisdiction under S.154 (3) of Crpc, the informant may make a written complaint to any senior police officer or police superintendent or police commissioner(in Metropolitan areas).If, after analyzing the complaint, it is satisfied that the complaint discloses a cognizable offence, then it can conduct the investigation itself or direct the subordinate to register the case and start investigating in the matter.

Complaint to Judicial Magistrate


If no action has been taken by the high ranking officer, then an application can be made under section 156 (3) read with Section 190 of the Code of Criminal Procedure to a Judicial Magistrate / Metropolitan Magistrate thereby requesting the FIR to be registered by the police and commencing investigation into the matter.

What kind of action can be taken against such police officers?


  • A writ of Mandamus may be filed in the respective High Court against the defaulting Police officers, inter alia, to Register the FIR and directing him to show cause the reasons for him not lodging a FIR.
  • Refusing to register an FIR on a jurisdictional ground, a policeman can now be jailed for one year. Taking a strong stand on the increasing incidents of such acts by the police in various states, the Union Home Ministry has issued strict instructions to all the states that they should not only initiate departmental inquiry against such policemen but also prosecute them under the Indian Penal Code.

Hon’ble Supreme Court, In Lalita Kumari case, has held that the Police must register FIR where the complaint make known a cognizable offence.

Note


Under section 166A(c) of the IPC, if the Public servant fails to record any information given to him under sub-section (1) of section 154 of the Code of Criminal Procedure, 1973, in relation to cognizable offence punishable under sections (326A, 326B, 354, 354B, 370, 370A, 376, 376A, 376B, 376C, 376D, 376E or 509) of the Indian Penal Code, he is punishable imprisonment 
  • For a term which shall not be less than six months but may be extend to two years.  
  • Shall also be liable to fine.

FIR is your legal right, especially in cognizable cases.

Saturday, January 19, 2019

Five Types Of Intellectual Property Rights In India




In era of globlisation the intellectual property rights are much talked about as there is fear of encroachment uopn it. The concept of intellectual property is derived from traditional property like movable and immovable. This property is a creation of human wisdom. Thus, it is incorporeal property over which rights are claimed. The expression "intellectual property" is a group of rights e.g., Patents, Registered Designs, Copyright and Trade Marks. In fact, intellectual property rights are negative rights which prevent other persons to exercise or use the same.

There are five kinds of the Intellectual Property Rights; these are as under -

1. Patents Right
2. Registered Designs Right
3. Copyright
4 Trade Marks Right
5. Biological Diversity Rights

 Patents Right 


It is an exclusive right, conferred on one who invents or discovers some process, machine etc., to make, use, sell or assign it for a certain period of time (i.e, a patent last for the period of 20 years) which may
extended. A patent may be granted only for an invention in respect of which the following conditions are satisfied -
(i) it must be new
(ii) it must involve an inventive step;
(iii) it must be capable of industrial application;
(iv) it must not be an invention which will encourage offensive, immoral or anti-social action; and
(v) it must not consist of a scientific theory, computer programme, aesthetic creation etc

The right as to patent may be granted to the inventor, joint inventors, persons, who by virtue of any enactment or treaty or agreement with the inventor, were entitled to the whole of the property in it or successions in title of those persons. The term of a patent is twenty years, beginning with the date of filing of the application.
A patent is infringed where a person commits one of the following acts without the consent of the Patent's proprietor.
Where the invention is a product and he makes, disposes of, offers to dispose of, uses or imports the product or keeps it for disposal or otherwise; where the invention is a process and he uses or offers it for use, when he knows this is an infringement; where the invention is a process and he disposes of, offers to dispose of, uses or imports any product obtained directly by means of the process or keeps it for disposal or otherwise.

The Court may revoke a patent on anyone of the following grounds:
(i) it is not a patentable invention;
(ii) the patent was granted to a person, who was not entitled to the grant;
(ii) the specification does not disclose the invention clearly and competently enough for it to be performed by a person skilled in the art; and
(iv) the matter disclosed in the specification extends beyond that disclosed in the application for the patent.

Thus, the patent right is the right to do, or authorise the doing of any thing which, but for that right would be an infringement of a patent. 

Patent (Amendment) Act, 2005 - The Parliament brought major changes in the principal Patent Act, 1970 with the view to fully comply TRIP's. However, important changes have been incorporated which are as follows - 
1. Product patents to be issued in areas like drugs, food and chemicals etc
2. According to the Doha Declaration on public health, the provision for enabling the grant of compulsory licence for export of
patented medicines to countries which have insufficient or no manufacturing capacity to meet public health emergencies such as HIV/AIDS.
3. Provision for acquisition of patent for public health purposes.
4. Provision for pre-grant and post-grant opposition to the granting of a patent.
5. Provisions relating to opposition procedures modified to streamline the system.
6. Patent right in respect of 12000 applications, a majority of them from multinational pharma companies, already lodged in mail-box will be available only from the date of grant of patents and
not retrospectively from the date of publication.
7. Protection will be valid for 20 years from the date of application.
8. Provision for exclusive marketing rights have been taken away.
9. Government has been given power to revoke a patent, which is found to be mischievous to the State or pro-judicial to the public.
10. Patent protection for software in combination with or embedded in hardware like mobile phonos,   T.Vs. and computers. As of new software applications embodded in hardware were provided
only for copyright protection.


Registered Design Right 


This right is governed and protected by the Designs Act, 1911. The right to register the designs includes apparatus, machine, garments tools instrument etc. It is the right of designer and only designer can take benefit out of it. The rights of designer prevents all others not just imitators. In other words the right of registered designer prevents others from using the
design registered for the duration of the maximum period of twenty years from its date of registration.

Copyright


In India, the copyright is safeguarded by virtue of the Copyright Act, 1957 with relevant Rules of 1958 and also International Copyright Order, 1999. A copyright is a property right which is transmissible by assignment or will as personal property, which sub-lists in original literary, dramatic, musical or artistic works, sound recordings, films, broadcasts or cable programmes and the typographical arrangement of published editions. The term "original" means originating from the author, not copied.

Further, the term "author" means who creates the work, he is the first owner of the copyright. He usually continues the holders for life plus 60 years. Thus, the author has the right to be identified. The remedies for infringement include damages and injunctions before the Copyright Tribunal or Competent Court. The Copyright includes the acts of copying of the work; issuing of copies to the public; performing, showing or playing the work in public; broadcasting the work, if any of the above cited things is done or carried out without prior consent of the copyright holder, it amounts to violation of copyright.

Indian Copyright Act, 1957 - It is to be noted that copyright protection is governed by the Indian Copyright Act, 1957 and has been amended from time to time. It was last amended in 1994. The Act provides for registration of copyright under seven different categories-
(a) literary works other than computer programmes; tables and compilations
(b) including computer-data bases and dramatic works,
(c) musical works;
(d) artistic works
(e) cinematograph films
(f) sound recording;
(g) computer programmes, tables compilations including computer data-bases.

Further, the Act also provides for registering charges for entering particulars in the Register of Copyright, issue of certified copies of extracts from the Register of Copyright as also of the public documents in custody of Register of Copyright besides facilitating inspection of the Register of Copyright/Index by the interested person.

Trademarks Right 


The expression 'Trade' means business activity relating to the exchange of goods and services for money. It includes every trade, manufacture, adventure or coneern in the nature of trade. However, word 'trademarks' means a mark used or propos├ęd to be used in relation to goods for the purpose of indicating or so as to indicate a connection in the course of trade between the goods and some person having the right either as propriotor or registered user to use the mark, whether with or without anyi ndication of the identity of that porson. The expression "mark" includes a service, name, signature, word, letter, numeral or any combination thereof.

Trade mark means a mark used in connection with a group or class of goods that the public associates with tho owner of the mark. A dispute relating to such a mark may result in a passing off action.



Biological Diversity Rights


Realizing that India has vast and rich bio-diversity its protection against bio-piracy and ensuring equitable sharing of benefits enshrined in Convention on Biological Diversity (CBD) is a challenging task.
Bio-diversity is a multi-disciplinary subject involving diverse sectorial activities and actions. The stock holders in biological diversity includes the Central and State Government, scientific and technical institutions, local self government, scientific and technical institution experts, non-governmental organisation, industry etc.
CBD affirms the sovereign rights of the States over their biological resources and India being a member of CBD and World Trade Organisation (WTO) decided to bring the Biological Diversity Act, 2002 after making extensive and intensive consultation process involving various stock holders.

The Biological Diversity Act, 2002 primarily addresses the issue concerning access to genetic resources and associated knowledge by foreign individuals, institutions or companies and equitable sharing of benefits arising out of the use of these resources and knowledge to the country and its people. 

In order to safeguard the interests of the local people Vaids and Hakims and to allow research by Indian citizens within the country, the following exceptions are proposed -
(i) free access to biological resources for use within India for any purpose other than commercial use for Indian People;
(ii) use of biological resources by Vaids and Hakims;
(iii) access to the Indian citizens to use biological resources within the country for research purposes;
(iv) collaborative research through government sponsored or government approved institutions subject to overall policy guidelines and approval of the Central Government.

Tuesday, January 15, 2019

Children Born Out Of Second (Void) Marriage Are Legitimate And Entitled To Compassionate Appointment:SC


The Supreme Court has said that the child born from the second marriage is a legitimate child and can not be refused a job on the basis of compassion. A bench of Justice DY Chandrachud and Justice MR Shah dismissed appeals (Union of India vs. V.R. Tripathi) filed by Union of India against Bombay High Court judgment. 

Supreme Court has said that if the law considers the child to be valid, then it can not be allowed that such a child be deprived of employment on the basis of compassionate appointment. The second wedding in the Hindu Marriage Act is illegal due to the first marriage.

The Central Government had challenged the Bombay High Court verdict in the Supreme Court. The child born from the second marriage asked for a job based on compassion after his father death. Railway rejected the application but the Central Administrative Tribunal ordered in favor. The matter reached Bombay High Court. 

The High Court, in reference to Section 16 of the Hindu Marriage Act, said that the second marriage, while the first marriage, is invalid, the child born to him is legitimate. The High Court said that considering the application of railways compassionate jobs. The Central Government again challenged this matter in the Supreme Court and said that the High Court's decision should be canceled.


Children born from a void marriage are legitimate


The Supreme Court upheld the Bombay High Court verdict in its decision. The Supreme Court said Section 16 (1) of the Hindu Marriage Act is meant to protect such children. Under Section 11, second marriage is considered illegal. But the child born from such a marriage is legitimate.No condition can violate the Right To Equality of the Constitution. If the law considers the child to be legitimate then such children can not be denied jobs by the terms of compassion. The Calcutta High Court has dismissed the 1992 railway circular as well.


The Supreme Court also said in its judgment that children do not choose their parents, child born from an invalid marriage is legitimate.

Sunday, January 13, 2019

What Is The Difference Between Sanction And Punishment?



                              Sanction


Sanction means penalty intended to mantain or restore respect for law or authority. It consists in the application of the physical force of the State for the enforcement of law. 

According to Pollock, sanction is the appointed consequences of disobedience'.

Austin defines sanction as the eventual or conditional evil' : and to him, sanction and duty were correlative terms, the sanction being that which ought to be done to a person who breaks a duty. 

Kelsen observes that sanction applies only in the event of a certain pattern of conduct not being observed and the sanction is what the law prescribes. The sanction is applied, not just because a person has done something, but because he has done it when he ought not to have done so.

Sanction differs from liability. Sanction is evil incurred or to be incurred by disobedience of the law whereas liability is exposedness to the sanction of law. Liability is incurred by the commission of a wrong and consists in those things which a person must do or suffer for the violation of his duty whereas sanction is applied because he has done something when he ought not to have done so.

Both sanction and punishment mean an evil inflicted upon a wrong-doer, such as bodily pain, imprisonment etc. through the physical force of the State for the enforcement of law. Punishments are pre-eminently the sanctions of criminal law and they are ultimate sanctions. However, the term 'sanction' is wider than punishment. Sanctions of civil matters such as restitution or compensations are not punishments but they are sanctions. Hence a sanction is not necessarily a punishment or penalty. 


Classification of Sanctions


Civil and Criminal Sanctions

Sanctions may be classified as religious, moral and legal. The sanctions imposed by the law of God or the threatenings of evils to flow from Divine anger are religious and they are social sanctions and they differ basing on the religion and they are imposed by religious heads on the followers of those sects. The sanctions of positive morality are moral. These sanctions too are not imposed by the State. The sanctions of positive law are legal or political sanctions and they are imposed by the State. Legal sanctions may be divided into civil (or private) sanctions and criminal (or public) sanctions.

The civil sanctions consist of - 
  • Damages (liquidated or unliquidated and nominal, vindictive or special);
  • Costs, whereby the unsuccessful party to a litigation is required to reimburse the successful one the expenses incurred by him in vindicating his rights; 
  • Restitution of property;
  • Special performance of a contract; and 
  • Injunction which may be either prohibitory, when it forbids the defendant from doing something, or mandatory when it requires the defendant to do something for the plaintiff.


The criminal sanctions are of - 
  • Punishment (including capital punishment); 
  • Deportation ; 
  • Imprisonment ; 
  • Corporeal punishment
  • Fine ; and 
  • Deprivation of civil rights such as voting or holding office


                             Punishments


Among the punishments for the crimes, the severest punishment is capital punishment. A great controversy has been going on for and against capital punishment.

Capital Punishment (Death Sentence) : In ancient times, and even in the middle ages, it was thought that the best way of protecting society from serious or dangerous types of offences was that of sentencing them to death. There has been a steady decrease in the number of offences for which the penalty is death.

At the time of George III there were 220 capital offences. In the reign of Henry VIIl, many thieves and vagabonds were hanged. And in the reign of Queen Elizabeth, the punishment for forgery and coining was torture, maiming and forfeiture. In 1634, forgery was punishable with death.

In 1810, when a bill was brought forward in England to abolish the death penalty for the crime of stealing in a shop to the value of 5 shilling many members of the House of Lords pleaded against bill by saying that if the bill is passed, we shall not know where we stand. We shall not know whether we are on our heads or on our feet. In spite of such gloomy prognostications, capital punishment has been disused without any untoward effects in the case of many offences.

(A) Arguments in Favour of Retention of Death Penalty:

  • Death sentence has a great deterrent effect upon potential criminals than any penalty because it is presumably the most frightening.
  • Death is the most effective preventive punishment. Dangerous members of society are thereby permanently eliminated.
  • If death penalty is abolished, it would entail a considerable expense upon society to maintain incorrigible offenders for the duration of their natural lives. 
  • According to Garofalo, elimination of criminals was a sort of moral war for the good of society.
  • According to Lambroso capial punishment should be good as a threat to habituals and incorrigible.
  • George Ives is of the opinion that the incorrigible or hopeless criminal should be painlessly removed rather than that the state should have to maintain him unnecessarily. 

(B) Arguments for Abolition of Death Sentence:

  • Life is the gift of God. No one, even including state has any right to take away life.
  • Baccaria denounced capital punishment by saying that the state has no right to put an individual to death, because the life of the individual was not surrendered to it as part of the consideration for the social contract.
  • Capital punishment has a demoralising effect upon society. If a person, not quite normal or cultured, takes life in a state of quasi-insanity or in a state of moral imbecility, the law should not ordain the imposing of a penalty which is tantamount to taking life for life taken.
  • The death penalty is the most arbitrary of all punishments and is a serious obstacle in the way of individualization. Its abolition would make more feasible the individualization of the penal treatment of murderers.
  • The death penalty is a survival of the lex talionis, the taking of life for a life. The Mosaic law, Life shall go for life, eye for eye, tooth for tooth, hand for hand, foot for foot' is unsuited for the civilised societies and so the death sentence should be disused.
  • Owing to the fallibility of human justice, irredeemable errors may be committed if the death penalty is inflicted. The judicial mistakes cannot be remedied after execution when the mistake comes to light afterwards. 


(C) Movement for Abolition of Death Sentence in India:


Homicide, in India, has been found to be due mainly to rage degenerating vengeful emotion. Most of the homicides are without premeditation. Reformists denounce law which seek to punish a person who does an act in question, as it springs not from his volition but from reasons which are beyond his control. They are of the view that crime like all other diseases should properly be diagnosed and treated scientifically. Punishment must not be regarded as the end but only means to an end, the end brings the
reclamation of the criminal to useful citizenship.
Justice Bhagwati has given a minority opinion in the case Bachan Singh v. State of Punjab, 1980 stating that death penalty under Section 302 of the IPC read with the sentencing procedure under Section 354(3) of the Criminal Procedure Code, 1973 was unconstitutional and void since it violated Articles 14 and 21 of the Constitution.

Moreover under the Indian Penal Code capital punishment is awarded for the offences of murder, dacoity accompanied with murder, waging war against the Government, etc. These offences are so heinous that for them the death sentence is absolutely necessary. Any sentence less than this wil be inadequate for them. Again this punishment is given to the criminals only after a very thorough enquiry. Benefit of doubt is always given to criminals. Anybody coming within the provisions of 'General Exceptions' is at once left. Capital punishment in that view may be regarded as an absolute necessary.


In 1962, the Govenment of India referred the matter of abolition of death sentence to the Indian Law Commission. The Law Commission recommended that the issue of abolition or retention has to be decided on a balancing of the various arguments for and against retention. No single argument for abolition or retention can decide the issue. In arriving at any conclusion on the subject, the need for protecting society in general and individual human being must be borne in mind.

The law Commission says that having regard to the conditions in India, to the variety of the social upbringing of its inhabitants the disparity in the level of morality and education in the country, to the vastness of its area, to the diversity of its population and to the paramount need for maintaining law and order in the country at the present juncture, India cannot risk the experiment of abolition of capital punishment. It recommended that children below 18 years of age should not be sentenced to death. A provision to that effect can be conveniently inserted in the Indian Penal Code (Section 55-B). The movement to abolish death sentence is, still, going on with the support of eminent jurists and intellectuals in India.





Thursday, January 10, 2019

High Powered Committee Removed Alok Verma As CBI Director




CBI Director, Alok verma, got relief from the Supreme Court only 36 hours, on Thursday, the High Level Committee took an unprecedented decision to remove him from the post. Prime Minister Narendra Modi, the leader of Lok Sabha's opposition Mallikarjun Kharge and the Chief Justice's Representative Justice AK Sikri Committee decided to leave his departure with a 2-1 majority. Alok Verma tenure as CBI director was till January 31.

This is the first time in the 55-year history of CBI, when such action has been taken against any of its chief. Congress representative was not in favour of the removal of the  Alok Verma. He protested by saying that Verma had not got a fair chance to keep his side on the allegations.

In last year, CBI Director Alok Verma and Special Director Rakesh Asthana had filed cases against each other for accusing them of corruption.In this case, after the slander, the Central Government had sent both of them on leave on the night of October 23 at 2:00 pm.Verma had challenged this in the Supreme Court, on which the court had on Tuesday canceled the order and asked him to be reinstated as the CBI Director. Court also said that the High Level Committee should decide Verma future within 7 days.

The appointment of CBI Director is for 2 years so that any political intervention can be saved. Prior to being removed from the rank of CBI Chief on Thursday, Alok Verma handed over the inquiry against Special CBI Director Rakesh Asthana to IPS Mohit Gupta of SP rank.

M Nageswara Rao has been given the charge of the CBI Director for a second time till the search of the new director is complete. While sending Verma on leave, Nageswara was given the command of the CBI.

Alok Verma has been removed from the CBI and has been posted as Director General (DG) in the Fire Service, Civil Defense, Home Guard. This post is inside the Central Home Ministry.



Wednesday, January 9, 2019

Officials Will Be Sent To Jail: SC Warning Over Arrests Under 66A




The Supreme Court has said that under section 66A of the IT Act, if any officer is found taking action, he will be sent to jail. Under this Act, there was a provision for punishment in case of offending content on social media or anywhere. Supreme Court has striking it down as unconstitutional in March, 2015 in Shreya Singhal v. Union of India.
           
The Bench headed by Justice R F Nariman has expressed its displeasure and then issued notice and directed the Centre to file a counter affidavit within 4 weeks.

The petition was filed in court and it was said that despite Section 66A of the IT Act, the action is being taken under that section.
NGO PUCL lawyer Sanjay Parikh told the court that 22 people have been arrested after it was scrapped by the Apex Court in 2015. At that time, rejecting this section, the Supreme Court had said that it is a violation of the right to expression.

At the time of passing the IT Act 2000, the controversial Section 66A was not included. In 2008, the Act was amended to add Section 66A, which was implemented in February 2009.

How dangerous it was


1. A person who sends such information via computer or communication device which is objectionable or whose purpose is to abate the character.
2. Any information that is false, but it can be used to disturb, inconvenience, threaten, humiliate and hurt someone through electronic devices.
3.  Doing so The culprit can be sentenced to two-three years.

Saturday, January 5, 2019

Responsibilities Of Advocate Towards His Profession



         In law, advocate a person who is professionally qualified to plead the cause of another in a court of law.

Advocate needs to maintain rules on professional standards outlined (mentioned) in Chapter II, Part VI of the rules of Bar Council of India. These rules have been placed under Section 49 (1) (c) of the Advocate Act, 1961.

RULES ON AN ADVOCATE DUTY TOWARDS THE COURT


  • Work in dignified ways
  • Respect the Court
  • Denying the Opposition to work illegally
  • Not Communicate in private
  • Refusal to represent customers who insist on unfair means
  • Appear in the appropriate dress code
  • Do not wear bands or gowns in public places
  • Not to represent the establishments of which they are members
  • Refusing to come in front of relations
  • Not appear in cases of Pecuniary interest
  • Not stand as surety for customer(client) 

RULES ON AN ADVOCATE’S DUTY TOWARDS THE CLIENT


  • A advocate is bound to accept any brief in the courts or  tribunals or in any other authority or before which he proposes to practice.
  • Not withdraw from service 
  • Complete and clear disclosure towards client 
  • Not appear in those cases where he himself is one Witness
  • Do not disclose communication between client and yourself
  • An advocate should not take action on the instructions of another person other than the authorized agent of his client or client.
  • No fee based on the success of the cases
  • Not  receive interest of actionable claims 
  • No bid or purchase of property arising out of legal proceedings
  • Keep maintain proper accounts 
  • No advocate will lend money to his client for any action or legal action, in which he is engaged by such a client. 
  • Do not appear to the opposite parties

REMEDY FOR BREACH OF RULES- (THE ADVOCATES ACT, 1961)

DISCIPLINARY COMMITTEE OF STATE BAR COUNCIL

SECTION 35: PUNISHMENT FOR MISCONDUCT. (THE ADVOCATES ACT, 1961)

            
(1) Disciplinary committee will take action on receipt of a complaint or otherwise a State Bar Council has reason to believe that any advocate its roll has been guilty of professional or other misconduct.

(2) The Disciplinary Committee of the State Council will fix a date for hearing of the matter and after this, the concerned Advocate General and State Advocate General will be given notice.

(3) The disciplinary committee of a State Bar Council can, after giving the advocate concerned  and advocate general an opportunity to hear, order any of the following, such as:-

  • Dismissing the complaint or, where the action was initiated on the instance of the State Bar council, give instructions that the proceedings should be filed;
  • Reprimand the advocate;
  • Suspend the advocate from practice for such period unless it can be deemed appropriate;
  • Remove the name of advocate from the state roll of advocates.

(4) Where an advocate is suspended from practice under clause (c) of sub-section (3), he will be deprived of practicing before any court or any officer or person in India during the period of suspension.

(5) Where any notice under sub-section (2) is issued to the Advocate General, Advocate-General may be present before the disciplinary committee of State Bar Council or through an advocate appearing on his behalf