Thursday, May 19, 2016

Cleaning the Bar - Bar Council of India

Last year, the law news website Legally India revealed that nearly 30% of India's 76,000 lawyers were fake -- they were simply not eligible to enrol as advocates under the Advocates Act, 1961, the law that governs the legal profession in this country.

Legally India also pointed out inadequacies in how legal education was being imparted, and emphasised the need to make the All India Bar Examination, a qualifying test introduced in 2010, more robust. It laid the blame for the mess largely at BCI's door - for being lackadaisical in the verification process, and letting corrupt practices go unpunished.

The issue of fake lawyers concerns the legal profession, of course, but it's primarily one about citizens' fundamental right to legal representation. An integral part of this right is that a lawyer must be competent

A familiar sight greets litigants outside almost every court in India: lawyers standing on the premises, sometimes even spilling on to the streets, hawking their wares.

In lawyers' lingo, they are referred to as "out-standing lawyers", since they hardly ever see the inside of a courtroom.

Not only do these lawyers do little more than draft affidavits, many are crooks and frauds, as an ongoing case in the Supreme Court has revealed.

The Bar Council of India's Certificate and Place of Practice Rules, 2015 aims to change all this.


Source - http://www.catchnews.com/india-news/fake-lawyers-crooks-in-black-coats-face-supreme-court-crackdown-1463596790.html

Wednesday, May 18, 2016

Create Awareness against QNET and other phony MLM Ponzi schemes

An article about the Awareness of the Ponzi and MLM schemes.

We all have friends who -
1. Have suddenly started up their dream business
2. But it's a secret
3. Don't even tell you the name of their business but they keep telling you I am into a business
3. Have their Facebook full of motivational quotes
4. Claim that they have suddenly become rich
5. They visit Malaysia and Dubai and post pictures having fun there and call it a business trip ! These are the only guys who have fun during a business trip it seems. (Reality: They bought the tickets by themselves only to post pictures so that their innocent friends would think that they are doing something really cool)
6. No matter how much you ignore them, they will keep on calling you till their last breath. We already know that this is not the characteristics of a person who has even 10% self respect in him/her.
7. And then one day they tell you that they have an open position of a Business Partner. He also tells you that he trusts you a lot and hence has arranged a meeting with his seniors to introduce you, probably in a CCD :-p
8. They tell you that you can earn more than 4 crores in just a few years but do not tell you exactly what is your role in the business, But overall this guy looks so convincing that you almost feel that if you do not join him, you will miss out !
9. He makes you feel that you are running in a Rat Race by working in your current job and that their Business is the only way to change your life.

If you have experienced this and escaped, Congrats ! You are one of the Lucky Ones ! Sadly, Not everyone escapes, some join it only to lose their money because they chose not to dupe more people.

This post is issued in public interest so that all of us can understand there is no short cut to success.

Please Please Please share this post and help us create awareness against QNET. This is the only way to save your closed ones from getting cheated.

Source - Facebook post

Thursday, April 14, 2016

Hindu Philosophy Interpreted by the Courts of India - DailyO

The Supreme Court seems to be reducing Hindu philosophy to a single absolute certainty. Something Hindu sages, the progenitors of the philosophy themselves, never did. There is, contrary to popular opinion, no arbitration on who a brahmin should be. Ram was a kshatriya, Krishna was a Yadava, Shiva a tribal, a kirata, none of them brahmins. Rishi Aiterya, Vishwamitra, VedaVyasa, Matanga, Nammalvar... Ravana. Many material states in Hinduism are mutable.

And just like that a constitutional body has, probably for the first time anywhere in the world, become the interpreter of religious texts. In this it is protected by Article 25 (2) that deals with the right to religious freedom but allows the courts to intervene on social welfare and reform, but only on Hinduism. This inability to separate faith and state is now the definition of Indian secularism.

Shabarimala:
Ayappa is the god of discipline. Mahishi symbolises the ego. It is in him that Hari and Hara, creation and destruction, come to harmony. The rigorous vows of celibacy, the 40 days penance, ironically, are a tribute to womanhood: they symbolise one day of penance for each week spent in a mother's womb. Woman, the symbolic Prakriti energy, or vehicle of creation is not available to man for these 40 days. Man must pull himself back from his function as procreator and the procreated. The black symbolises the nullifying of the colour spectrum, absorbing all differentiation into one.

Devotees do not even address each other by name during the pilgrimage. The physical state is forgotten, and the pilgrim must subsist on alms. The 18 steps symbolise 18 exercises to remind the student or the householder, of his need to transition to a state of detachment. Women may go up the hill all they want, Lord Ayyappa will survive the seduction of women pilgrims plenty. He is too advanced a master of the mind not to.

One may not be so sure of the men who make the climb though. The penance is for them. To remind themselves that they are one half of a whole, where they come from, who they depend on, and why balance is their function. That it is seen as rigorous penance, is indicative of why men need to probably do this more often, but once a year is enough.

Court Interpretation
No doubt, this entire body of knowledge and way of thinking is what the learned judge of the honorable Supreme Court was encapsulating and taking into account when he began to arbitrate what Hinduism says. He had clearly studied it, decoded all the caste links and structures, schools of knowledge, expounded it, and was only thus explaining it in open court. Which is an amazing feat, considering all commentaries and bhashyas on Hindu texts differ, even from sage to sage and commentator to commentator on the same line of Hindu text. Yajnavalkya warns Maitreyi: it is impossible to know the essence of finite beings.

The judicial arbitration of Hinduism's intrinsic principles reduces an entire religion to a monotheism and ignores the multiple layers of consciousness that form its spiritual temperament. The pantheon of Hindu gods exists so a devotee may adopt that which suits his form of bhakti, or adoration, which again is not the only path. Even wealth, duty, study take you there. One is not imposed on another. The myths and stories exist so Hindus lower down the plane of spiritual evolution may comprehend higher truths more easily, in the form of life lessons. The stories of avatars exist to exemplify ways of living and behaving. The Vedic texts exist for those who seek to question on higher planes. This ascent is not ordained by pundits but is open to each member of the faith as and when he or she finds himself seeking it. The multi-layered multi-faceted expansiveness of Hinduism is its fabric.

To force ascension is against the inbuilt progression of the religion itself. The Supreme Court, in adjudicating on matters it has no religious punditry over, and in doing so under the protection of the law, and the Constitution of India reduces Hinduism to a bunch of meaningless myths.

Source -http://www.dailyo.in/politics/hinduism-sabarimala-shani-shingnapur-right-to-pray-supreme-court-monotheism-ramayana-mahabharata-vedas-shakti-gender/story/1/10069.html

Monday, April 11, 2016

New Cheque Dishonour Amendment Explained - Gujarat HC - Times of India

In an important order in a cheque bouncing case, Gujarat high court has explained and clarified the new law regarding jurisdiction of courts in such matters and where an aggrieved party can file a complaint.

In this case, the petition was filed by a resident of Uttar Pradesh after an Ahmedabad-based firm moved the Ahmedabad metropolitan court under Section 138 of the Negotiable Instruments Act against a dishonoured cheque. The cheque was issued in Badalpur, UP, and deposited in a bank in Gorakhpur, UP. When the cheque was dishonoured due to inadequate balance, the payee filed a complaint in Ahmedabad.

The UP resident questioned the jurisdiction of Ahmedabad court on the ground that the cheque was issued in UP and delivered in UP. No action in the matter had taken place in Ahmedabad. On the other hand, the Ahmedabad-based firm argued that the complaint was maintainable because the company had its bank account in Ahmedabad.

Justice J B Pardiwala rejected the UP resident's contention and gave a clarification on the amended law. The court made it clear that "when the cheque is delivered for collection through an account, the complaint is to be filed before the court where the branch of the bank is situated, where the payee or the holder in due course maintains his account and, secondly, when the cheque is presented for payment over the counter, the complaint is to be filed before the court where the drawer maintains his account."

The issue has a curious history. In 2014, the Supreme Court ruled that cheque return cases can be filed in a court where the issuer (drawer) maintains his account. This resulted in shifting of lakhs of cases from one town to the other and caused complainants difficulties.

To put an end to the payee's troubles, the President promulgated the Negotiable Instruments (Amendment) Ordinance in June 2015. This provided that the complaint can be filed in a court where the payee maintains his bank account. While the amended law takes care of interest of the payee of the cheque, it also tries to ensure that drawer of multiple chequess is not harassed by payees filing different complaints at different places. In such a case, all complaints should be filed in the court where the first case was lodged.

Source -http://m.timesofindia.com/city/ahmedabad/High-Court-explains-new-cheque-bounce-law/articleshow/51751606.cms