Thursday, April 11, 2019

Supreme court expanding the jurisdiction of courts to provide relief to victims of dowry harassment


The Supreme Court held that a woman can complain against her husband or other relatives on dowry harassment case both in her matrimonial home or where she is living after being released from her in-laws.

In a decision to further expand the jurisdiction of courts to provide relief to the victims of dowry harassment, a bench comprising Chief Justice of India Ranjan Gogoi has relaxed the rigour of the Criminal Procedure Code. Section 177 of the code mandates that criminal cases can be filed and trial can be conducted only in those courts in whose jurisdiction the offence has occurred.

In other words, where the incident of harassment took place, the Supreme Court has now scrapped or abolished the criminal case and the restriction of prosecution at the same jurisdiction.

In case of marital dispute, the woman has the liberty to do a case in a civil court for divorce, alimony, etc, where she lives. But in the case of dowry harassment by the in-laws, had to go to the court of the incident area for the criminal case.

On this basis, the Allahabad High Court had said in the case of Rupali Devi that cruelty is not a continuous offence under section 498A IPC, so it cannot be investigated outside the woman's in-laws area. However, the bench of Chief Justice Ranjan Gogoi said that due to the harassment of the husband or his relatives, the stress of a woman going in-laws cannot be overlooked.If she lives in a parents home or somewhere else, the persecution of the in-laws also disturbs her. It will be considered as a crime in a parents home, even if the In-laws has done nothing.

Background 

In the current case, Rupali Devi challenged the Allahabad High Court verdict in the Supreme Court. The High Court rejected the application of Rupali Devi in ​​which he appealed to file dowry harassment case in the jurisdiction of the parents house.The High Court had said that it is not a continuous crime, in such a case the hearing will not be heard outside the jurisdiction of the in-laws' area.

Before Amendment 

In the case of dowry harassment, there was a provision to register cases where the incident took place. That is, if the woman is in-laws with her husband or wherever she lives with her husband, if there is any harassment with her, then the case is run in jurisdiction court of that area.



Friday, April 5, 2019

Top 10 Career Options After LLB Degree


LL.B. is a bachelor degree in Law. The expansion of LL.B. is Lex Legum Baccalaureus(Latin Word) or Bachelor of Laws(English Meaning). The Bar Council of India regulates the LL.B. degree. Originally, LL.B. was a 3-year degree to be pursued upon completion of graduation.

Interested students who dream of making a carrier in the law, can go to a three year law course immediately after graduation in any subject. Students can also pursue a 5 year course after completing 12th standard. After the course of five years, the students can choose either a litigator or any other professional lawyer.

Two types of legal courses:
  • 3-years LL.B. – For Graduates
  • 5-years Integrated Law course – For Undergraduates
Now, LL.B is available in two formats: one for graduate candidates and the second for undergraduate candidates

Bar Council of India


BCI is the authority which regulates legal practice and legal education in India. It lays down standards for legal education and also recognizes the law universities of India.

Before practicing in any court of India, LL.B. Graduates must obtain "Certificate of practice in law". It can be obtained by giving "All India Bar Examination (AIBE)" which is regulated by the Bar Council of India.

JOB PROFILES AFTER LLB


After completing LLB degree, anyone can choose one of the following careers.

Attorney General  - The Attorney General of India is the chief legal advisor of the Government of India. He is appointed by the President under article 76 (1) of the Constitution and holds the office during the pleasure of the president.

Eligibility Criteria

  • A person must be a citizen of India 
  • He must have been a judge of some High Court for 5 years. 
  • He has been a advocate of some High Court for 10 years. 
  • Eminent jurist in the opinion of the president. 

Public Prosecutor - A public prosecutor is a law officer who conducts criminal proceedings on behalf of the state or in the public interest.

Eligibility Criteria

  • A person must be a citizen of India
  • Have a Degree in Law
  • Have Worked For At Least 7 Years, as an Advocate
  • Age of candidate should be Between 35 Years - 45 years at the time of Application of Post
  • It is necessary for the candidates to appear in the exam conducted by the UPSC for the post of the public prosecutor. After this examination, an interview is also taken. 


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

Eligibility Criteria

  • The degree has been obtained from a regular course, which can be for 3 years after graduation or can be 5 years after 10+ 2 i.e. Higher Secondary Education.
  • The University is accredited by the Bar Council of India and the candidate passes All-India Bar Examination.


Legal Advisor - Legal consultant or advisor are  lawyers who are employed to provide legal advice and services to the government, large companies and organizations.

Notary - A person is authorized to meet certain legal formalities, especially to prepare or certify for the use of contract, work, and other documents in other jurisdictions.

Eligibility Criteria


  • A person can apply to be a notary if he has been practicing as a lawyer for at least 10 years. If the applicant belongs to any SC/ST or OBC category, the experience required as a lawyer is 7 years.

Law Reporter - Law Reporter is a series of books that contain judicial opinion by choosing the case law decided by the courts.

Magistrate - A civil officer who administers the law, especially one who conducts the court which deals with petty offences and holds a preliminary hearing for more serious ones.

Eligibility Criteria


  • Students who have completed the bachelor's degree in law are eligible to become magistrates. At the time of application, his age should be more than 21 and should not exceed 35 years. Candidates who have completed LL.M. degree are also eligible to apply. Candidates should get minimum 55% marks in their final examination.


District & Sessions Judge - District judge dealing with criminal matters is named as sessions court judge as per Code Of Criminal Procedure. While the judge dealing with civil matters is called district court judge.

Eligibility Criteria


  • The qualification required to become a district judge is a minimum of seven years of practice as a lawyer or a pleader. The district judges are also appointed from the subordinate courts of the judges through upgradation of district courts subject to completion of minimum years of service.

Teacher/Professor of law - A person who gives lectures, especially as an job or profession at a university or college of higher education.

Eligibility Criteria

  • Master's degree in law with at least 55% of any Indian university or equivalent foreign university
  • Minimum 4 years experience as assistant professor with PhD. Degree.


Solicitor - Solicitors are those who advise clients and draft documents and promises for clients, but engage advocates for appearing in court on behalf of the client.

Eligibility Criteria


  • The SQE(Solicitor Qualifying Exam) is a new system of exams that all solicitors must passed for making solicitor in Bombay and this examination conducted by Bombay Incorporated Law Society.