Category: Useful Information

Oct 25 2013

Temporary suspension of advocate’s practice in Maharashtra

This article explains how an advocate may temporarily suspend his/her Sanad or Certificate of Practice, when taking up any alternate occupation or employment.

As per The Bar Council of India Rules made under the Advocate Act 1961:

Section VII-Restriction on other Employments
47. An advocate shall not personally engage in any business; but he may be a sleeping partner in a firm doing business provided that in
the opinion of the appropriate State Bar Council, the nature of the business is not inconsistent with the dignity of the profession.
48. An advocate may be Director or Chairman of the Board of Directors of a Company with or without any ordinarily sitting fee,  provided none of his duties are of an executive character. An advocate shall not be a Managing Director or a Secretary of any  Company.

49. An advocate shall not be a full-time salaried employee of any  person, government, firm, corporation or concern, so long as he  continues to practise, and shall, on taking up any such employment,  intimate the fact to the Bar Council on whose roll his name appears and shall thereupon cease to practise as an advocate so long as he continues in such employment.

50. An advocate who has inherited, or succeeded by survivorship to a family business may continue it, but may not personally participate
in the management thereof. He may continue to hold a share with others in any business which has decended to him by survivorship or
inheritance or by will, provided he does not personally participate in the management thereof.

51. An advocate may review Parliamentary Bills for a remuneration, edit legal text books at a salary, do press-vetting for newspapers,
coach pupils for legal examination, set and examine question papers; and subject to the rules against advertising and full-time
employment, engage in broadcasting, journalism, lecturing and teaching subjects, both legal and non-legal.

Hence, if an Advocate takes up any other such business or profession, he must inform the Bar Council and get his name transferred to the list of Non-Practicing Advocates.

Procedure to suspend Advocate’s Practice under Bar Council of Maharashtra and Goa:

  • Write a simple application
    Mention your Full Name, Enrollment Number, request for temporary suspension of practice and Transfer of your name to the rolls of Non-Practicing Advocates.
  • Attach a DD or pay cash of Rs. 300/- as Administrative Fees.
    If you want a Certificate confirming your name on the list of Non-Practicing Advocates (for Profession Tax purposes, or occupation purposes) , you need to pay Rs. 300 + 700 = Rs. 1000 by Cash or DD.
  • If suspending practice temporarily, you do not need to surrender your Advocate’s ID Card or your Certificate of Practice.
  • Within 3 – 8 days, you can collect your Non-Practicing Certificate from the Bar Council Office on showing the Receipt.

Aug 22 2013

Maharashtra Prevention and Eradication of Human Sacrifice and Other Inhuman, Evil and Aghori Practices and Black Magic Ordinance

Last Updated: 16-Nov-2013 | Shortlink: http://wp.me/pUeNx-cr

Maharashtra Prevention and Eradication of Human Sacrifice and Other Inhuman, Evil and Aghori Practices and Black Magic Ordinance (Maharashtra Ordinance XIV of 2013)

Published in the Maharashtra Ordinary Gazette on 26-August-2013.

What is the status of this law? When did this law come into effect?

The Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices Bill, 2011 (L. A. Bill No. XLI of 2011), was introduced in the Legislative Assembly, in the Monsoon Session of the State Legislature, 2011, on the 10th August 2011. This law came into effect on 26-Aug-2013 upon publication into the Official Gazette of Maharashtra.

Why should we have a new law? Were the existing Criminal Laws not enough?

Not really. Religion has such an elevated status in India and in most parts of the world, that even clearly illegal, unethcial or immoral acts done in the name of religion were ignored or  even encouraged. (Eg: Noise Pollution, Air Pollution, Water Pollution, Cruelty to Animals etc.  etc.)

Till date, newspapers contain numerous ads, which assure a cure for anything and everything, through Black Magic and similar practices. Trains are filled with advertisements on Black Magic Healers who can fix anything, from a broken marriage to a troublesome employee, to a film star or a politicians career.

The laws of the country are so fragile, that they cannot always stand up to acts done in the name of religion. To make people think, a strong law needs to be implemented.

While all the penalties exist, the police and other authorities are too cautious to tread on the “religious” line, lest they be targeted for “hurting religious sentiments”.

 

What are the penalties under this law?

  • The Offences punishable under this Act shall be cognizable and non-bailable.
  • imprisonment for a term which shall not be less than six months but which may extend to seven years and
  • a fine which shall not be less than five thousand rupees but which may extend to fifty thousand rupees

In addition to the above penalties, when any person is finally convicted of any offence punishable under this Ordinance, the Court may cause the name and place of residence of such person to be published by the police in the local newspaper where the offence had taken place, together with the fact that such offender had been convicted of the offence under this Ordinance and such other particulars as the Court may deem fit and appropriate, to be allowed to be published.

What does Aghori mean?

The term Aghori is not defined in this Ordinance. Hence, the common contemporary meaning is to be followed. As per Wikipedia (http://en.wikipedia.org/wiki/Aghori) Aghoris are Ascetic Sadhus who perform some extreme rituals which are no longer morally accepted in modern society. Aghori practices are followed by many persons in India.

The ordinance refers to acts done under the guise of Aghori Traditions.

I have heard that this law seems to be targeted against Hindus. Will it impact only Hinduism?

Ofcourse not. This rumour is being spread by persons with ulterior motives in all these practices. These practices are big money spinners and prevention of these practices will stop the flow of money to these con men.

“It is difficult to get a man to understand something, when his salary depends upon his not understanding it!” -Upton Sinclair

Blind Faith and superstition is promoted in the name of almost every religion. Exorcism, fake remedies, charms, bracelets etc. have been practiced in the name of every God and every religion.

The faithful of all and any religion resort to these options as a last resort, making them most vulnerable and agreeable to do anything to achieve their wish. The victims do not look at religion or faith when being subject to these con men/con women. The con men maybe of any religion, social background or philosophy, but will still attract people from all faiths, beliefs and religions.

In the beginning it was said that this Law would apply to all the religions. Why was this sentence removed?

Application of this Act to all religions, would not necessarily cover the actions done under the general guise of black magic and jaadu tona, without a religious banner. By excluding “all religions” the Act applies universally to all acts done in the name of religion or even excluding the name of a particular religion / God / Belief System. This includes practices done by Atheists (not that atheists practice anything)  / Devil Worshippers etc.

Many people are saying that the second point in the Schedule is unclear?

(2) Display of so-called miracles by a person and thereby earning money;
and to deceive, defraud and terroríze people by propagation and circulation
of so called miracles.

“So-called miracles” means acts which the black magic practitioner claims to be by a superior  / super-natural force of which he has knowledge or control. Such acts may make it difficult for a common man to explain or justify, but are well known to science and technology.

Eg: In villages, the Black Magicians produce smoke from an ordinary coconut, or produce a blood-like substance from a whole lemon to show the people that they have magical powers to perform miracles. These “so-called” miracles are easily explained by science, with a little knowledge of chemistry.

Other common examples are:

  • Walking on glass
  • Sleeping on a bed of nails
  • Enduring whip lashes

For more examples: http://60minutes.9msn.com/article.aspx?id=8376295

 

Bare Act:

 

Common Superstitions and Practices that this law sought to fight:

  1. to perform Karni, Bhanamati,
  2. to perform magical rites in the name of supernatural power,
  3. to offer ash, talisman, charms etc. for the purpose of exorcism and to drive out evil spirits or ghosts,
  4. to claim possession of supernatural powers and to advertise this claim,
  5. to defame, disgrace the names of erstwhile Saints/ Gods, by claiming to be there reincarnation and thus cheating the gullible and God-fearing simple folks.
  6. to claim to be possessed by divine power or evil power and then perform miracles in the name of such powers.
  7. to punish and to beat mentally ill patients in the belief that they are possessed by evil spirits.
  8. to perform Aghori rites.
  9. to perform so called black magic and spread fear in society.
  10. to perform “Gopal Santan Vidhi” to beget a male offspring.
  11. to oppose scientific medical treatment and to coerce to adopt Aghori treatment.
  12. to sell or deal in so-called magic stones, talisman, bracelets, charms.
  13. to become possessed by supernatural powers and then pretend to give answers to any questions in this mental state.
  14. to sacrifice innocent animals for the appeasement of gods or spirits.
  15. to dispense magical remedies for curing rabies and snake bites.
  16. to dispense medical remedies with claims of assured fertility.

Due to difficulty in clearly defining some of these acts and distinguishing them from legitimate religious practices, the Schedule was watered down to 12 such acts, which could be clearly defined.

Related Case Laws:

  • K P Hafsath Beevi, Farbina’s Mahal v.  State of Kerala
    decided on Tuesday, February 2, 2010. High Court of Kerala, WP(C).No. 29082 of 2008
    The petitioner challenged the directions issued by the authorities to desist from holding out any offer to cure illness by conducting prayers.

    The judges ruled that:

…..the State and its officers are entitled to reasonably restrict such activity if it tends to offend security, public orders, decency, morality and sovereignty and integrity of India. This includes reasonable restrictions on the basis of public health and public tranquility; such restrictions being imposable in the interest of the general public……Article 51 A(h) provides that it shall be the duty of every citizen of India to develop a scientific temper, humanism and the spirit of enquiry and reform.

Balancing the duties of the petitioner in this regard and her fundamental rights referable to Part III of the Constitution, it has necessarily to he held that the impugned orders, to the extent they require the petitioner to desist from offering cures for illness on the basis of prayers, is a reasonable restriction imposed on grounds of public health, morality etc., particularly when she has no authentic scientific certification in support of any claim of such ability to cure.

Interesting Links:

 

Jun 21 2013

LL.M. at Mumbai University

LLM Admission Schedule 2013-2014 for Mumbai University

  • 15-July-2013 to 20-July-2013 - Issue of application forms (Rs. 250/- each)
  • 22-July-2013 to 26-July-2013 - Submission of the forms
  • 16-Aug-2013 11.30 a.m.- 1st Merit List
  • 17-Aug-2013 to 22-Aug-2013 - 1st Merit List Fee Payment
  • 27-Aug-2013 11.30 a.m.- 2nd Merit List
  • 28-Aug-2013 to 29-Aug-2013 – 2nd Merit List Fee Payment
  • 31-Aug-2013 – Last List of Vacant Seats
  • 2-Sept-2013 to 3-Sept-2013 - Application for Vacant Seats
  • 6-Sept-2013 – Final List
  • 7-Sept-2013 to 11-Sept-2013 -Final List Fee Payment

 

Lecture Timings:

Monday to Thursday

4 pm to 8 pm (4-6 and 6-8)

1 year LL.M. course has still not been introduced for 2013-2014

 

Foundation Papers (Mandatory for all groups)

(Semester 1) Paper I: Law And Social Transformation In India

(Semester 1) Paper II: Indian Constitutional Law: The New Challenges

(Semester 2) Paper III: Judicial Process

(Semester 2) Paper IV: Legal Education And Research Methodology

 

Specializations:

  1. Constitutional and Administrative Law
  2. Business Law
  3. Law of Intellectual Property and Information Technology
  4. Human Rights Law
  5. Criminal Law and Criminal Administration
  6. Environment and Legal Order

 

Jun 13 2013

The law on motor vehicle beacons and flashers in India

==THIS ARTICLE IS UNDER CONSTRUCTION==

What are beacons? What are flashers? What are sirens?

Who is authorised to use beacons / flashers / sirens on their vehicles?

Red light with flasher on the top front of vehicle, while on duty anywhere in the country:-

(i) President;
(ii) Vice President;
(iii) Prime Minister;
(iv) Former President;
(v) Deputy Prime Minister;
(vi) Chief Justice of India;
(vii) Speaker of the Lok Sabha;
(viii) Cabinet Ministers of the Union;
(ix) Deputy Chairman Planning Commission;
(x) Former Prime Ministers;
(xi) Leaders of Oppositions in the Rajya Sabha & Lok Sabha;
(xii) Judges of the Supreme Court.

Red light without flasher on the top front of the vehicle, while on duty anywhere in the country:-
(i) Chief Election Commissioner;
(ii) Comptroller & Auditor General of India;
(iii) Deputy Chairman Rajya Sabha;
(iv) Deputy Speaker, Lok Sabha;
(v) Ministers of State of the Union;
(vi) Members of the Planning Commission;
(vii) Attorney Journal of India;
(viii) Cabinet Secretary;
(ix) Chiefs of Staff of the three Services holding the Rank of
full general or equivalent rank;
(x) Deputy Ministers of the Union;
(xi) Officiating Chiefs of Staff of the three services holding
the rank of Lt. General of equivalent rank.
(xii) Chairman Central Administrative Tribunal;
(xiii) Chairman Minorities Commission;
(xiv) Chairman, Scheduled Castes and Scheduled Tribes
Commission;
(xv) Chairman, Union Public Service Commission;
(xvi) Solicitor General of India.

Can the beacon be used when the Officer is not present in his vehicle?

No. In case the vehicle fitted with red light on top front is not carrying the dignitaries, then such red light shall not be used and be covered by a black cover.

Can I use a beacon on my vehicle?

Unless you are an officer authorised by the State or Central Government, you cannot use the beacon on your vehicle.

Can I keep the beacon on the dashboard of my vehicle?

No. You cannot keep the beacon on the dashboard of the vehicle, even if used by an authorized person, when not on duty. When not in use the beacon must be covered with a black cover.

Section 140 and 171 of the Indian Penal Code state that:

140. Wearing garb or carrying token used by soldier, sailor or airman —
Whoever, not being a soldier, sailor or airman, in the Military, Naval or Air service of the Government of India, wears any garb or carries any token resembling any garb or token used by such a soldier, sailor or airman with the intention that it may be believed that he is such a soldier, sailor or airman, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

 

171. Wearing garb or carrying token used by public servant with fraudulent
intent —
Whoever, not belonging to a certain class of public servants, wears any garb or carries any token resembling any garb or token used by that class of public servants, with the intention that it may be believed, or with the knowledge that it is likely to be believed, that he belongs to that class of public servants, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two hundred rupees, or with both.

 

Which law governs the use of beacons and flashers?

Central Motor Vehicles Rules, 1989 Rule 108, which is extracted below:–

Use of red or white lights:– No motor vehicle shall show a red light to the Front or light other than red to the rear:

Provided that the provision of this rule shall not apply to-

(i) the internal lighting of the vehicle or

(ii) the amber light, if displayed by any direction indicator or top light;

(iii) a vehicle carrying high dignitaries as specified by the Central Government or the State Government from time to time or a vehicle escorting such vehicle;

(iv) the blinker type of red light with purple glass fitted to an ambulance van used for conveying patients; or

(v) to a vehicle having a lamp fitted with an electrical bulb, if the power of the bulb does not exceed seven watts and the lamp is fitted with frosted glass or any other material which has the effect of diffusing the light.

 

Section 70 of the Motor Vehicles Act 1939 which is extracted below conferred the power on the State Government for making rules, inter alia, regarding signalling appliances, lamps and reflectors:–

“Power to make rules:– (a) A State Government may make Rules regulating the construction, equipment and maintenance of motor vehicles and trailers.

 

 

Notification no. S.O.52 (E) dated 11-01-2002 and S.O. 1070

(E) dated 28-07-2005 issued by Ministry of Road Transport & Highways,
Govt. of India, t

Where can I report misuse of a beacon?

What are the penalties for misusing a beacon?

 

Case laws

Red Light On The Cars Of The Hon’Ble … vs State Of U.P. on 5 April, 1993 AIR 1993 All 211

Jun 05 2013

Jurisprudence

Part of

3 Year Course (First Year Sem IV)

5 Year Course (Third Year Sem VIII)

Topics

  1. Introduction

  2. Schools of Jurisprudence

  3. Purpose of Law

  4. Sources of Law

    Legislation
    Precedents
    Concept of Stare Decisis
    Customs
    Juristic Writing

  5. Legal Rights

    Concept
    Kind of rights
    Right and Duty Corelation

  6. Persons

  7. Possession

    Concept
    Kinds of possession

  8. Ownership

    Concept
    Kinds of Ownership
    Difference between possession and ownership

  9. Title

  10. Property

    The concept of property