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Tuesday, May 8, 2018

300 LEGAL Words are most helpful for Legal drafting

*300 LEGAL Words are most helpful for Legal drafting.*

Expedient – To Prioritize , to rush
Cavil – Argument by which a conclusion evidently false , is drawn from a     principle evidently true.
Elusive – Difficult to find , catch or achieve.
Scuffle – a short , confused fight or struggle at close quarters.
Credential – a qualification, achievement , quality, or aspect of a person ‘s background , especially when used to indicate their suitability for something.
Oblivious – Aware.
Accustomed – Customary ; usual.
Treacherous – Guilty of or involving betrayal.
Erudite – learned.
Accentuating – More noticeable.
Crescendo – Progressive increase in intensity.
Tedious –Too long , slow or dull.
Dreadful – involving great suffering.
Enigma – Mysterious or difficult to understand.
Sceptical – Doubtful.
Sardonic – grimly mocking or cynical.
Habeas corpus – a prerogative writ to a person who detains another in custody and which commands him to produce or ‘ have the body of that person before him ‘
Mesne – middle, intervening or tame by nature.
Per se – by itself
Nocumentum – an annoying , unpleasant or obnoxious thing or ptactice.
  Non obstante – notwithstanding
 
Prima facie – on the face of it.
Aequitas – Equity i.e fair or just according to natural law.
Bona fide – in good faith.
Certiorari – a writ of a superior court calling forth the records and entire proceedings of an inferior court or a writ by which causes are removed from an inferior court into a superior court.
Obiter dictum – an incidental and collateral opinion uttered by a judge while delivering a judgement and which is not binding.
Pari material – on the same material.
Pendente lite – during the process of litigation.
Supra – above.
Status quo – the state in which the things are , or were.
Volkogeist – general awareness of the people.
Res judicata – a case or suit already decided.
RE – in the matter of.
Ratio Legis – according to spirit of law
Scienter – knowledge ; an allegation in a pleading that the thing has been done knowingly.
Ex gratia –as an act of grace or favour.
In rem – an act , proceeding or right available against the world at large, as opposed to in personam.
Noscitur a socits – a word known by its associates , i.e the meaning of a word cab be gathered from the context.
Res sub judicata – a matter under judicial consideration.
Ad hoc – created or done for a particular purpose as necessary.
Pertinent – Relevant  or applicable to a particular matter , apposite.
  Curative petition – question arises whether an aggrieved person is entitled to any relief against the final judgment / order of the Supreme Court, after dismissal of a review petition
Erect –rigidly upright or straight.
  Advent – arrival of a notable person or thing.
Submergence – to cover ; bury.
Vicinity –the area near or surrounding a particular place.
Detention –the act of detaining someone or the state of being in official custody.
Rebuttable – an instance of rebutting evidence or an accusation.
Preclude – prevent from happening ; make impossible.
Discrepancy – an illogical or surprising lack of compatibility or similarity between two or more facts.
Superannuation – pension paid to a retired employee who has contributed to a superannuation fund.
Ordinance – An authoritative order
Promulgation – to make known by open declaration; publish ; proclaim formally or put into operation.
Consortium – the right of association and companionship with one’s husband or wife
  Averred – allege as a fact in support of a plea
Estoppel – the principle which precludes a person from asserting something contrary to what is implied by a previous action or statement of that person or by a previous pertinent judicial determination.
Plenary – unqualified ;  absolute
Impugned – dispute the truth , validity or honesty of ( a statement or motive ) ; call into question.
Prejudiced – harm or injury that results or may result from some action or judgement.
  Legal Luminary – a person who inspires or influences others , especially one prominent in a particular sphere.
Plagiarized – the act of appropriating the literary composition of another , or parts or passages of his writings , or the ideas or language of the same , and passing them off as the product of one’s own mind.
  Evacuee – A person evacuated from a place of danger.
  Demarcate – Set the boundaries or limits of.
  Unfettered –  not confined or restricted
  Discernible – able to be discerned ; perceptible.
  Arenas – a place or scene of activity , debate , or conflict.
Transgression – An act that goes against a law , or code of conduct ; an offence.
  Construed – interpret in a particular way.
  Consonance – Agreement or compatibility , between opinions or actions.
  Retrospectively – looking back.
  Dissuade – persuade not to take a particular course of action.
Rationale – set of reasons.
  Embezzlement – Theft or misappropriation of funds placed in one’s trust or belongings to one’s employer.
  Perished -  die , especially in a violent or sudden way.
  Inter alia – among other things
  Arbitration – the use of an arbitrator to settle a dispute.

PUBLIC INTEREST LITIGATION (PIL)

👉Supreme  court on

PUBLIC INTEREST LITIGATION  (PIL)

MAIN POINTS :

👉PIL  should not be "publicity interest litigation" or "private interest litigation"

👉There must be real and genuine public interest involved in the litigation.

👉Courts of justice should not be allowed to be polluted by unscrupulous litigants.

👉A writ petitioner who comes to the Court for relief in public interest must come not only with clean hands but also with a clean heart, clean mind and clean objective.

Supreme Court of India held in
Dattaraj Nathuji Thaware vs State Of Maharashtra & Ors

👉RATIO

1.Public Interest Litigation which has now come to occupy an important field in the administration of law should not be "publicity interest litigation" or "private interest litigation" or "politics interest litigation" or the latest trend "paise income litigation".

2. The High Court has found that the case at hand belongs to the last category. If not properly regulated and abuse averted, it becomes also a tool in unscrupulous hands to release vendetta and wreck vengeance, as well.

3.There must be real and genuine public interest involved in the litigation and not merely an adventure of knight errant borne out of wishful thinking.

4. It cannot also be invoked by a person or a body of persons to further his or their personal causes or satisfy his or their personal grudge and enmity.

5.Courts of justice should not be allowed to be polluted by unscrupulous litigants by resorting to the extraordinary jurisdiction.

6.A person acting bona fide and having sufficient interest in the proceeding of public interest litigation will alone have a locus standi and can approach the Court to wipe out violation of fundamental rights and genuine infraction of statutory provisions, but not for personal gain or private profit or political motive or any oblique consideration.    

7.A writ petitioner who comes to the Court for relief in public interest must come not only with clean hands like any other writ petitioner but also with a clean heart, clean mind and clean objective.

आपला
अँड. मानव
सर्वोच्च न्यायालय, नवी दिल्ली
संपर्क- 8080555657

For detail you may also read this  post on Facebook page

https://www.facebook.com/advocatemanav/

Sunday, April 8, 2018

RULES ON AN ADVOCATE’S DUTY TOWARDS THE COURT

*The following is very very important. All should read patiently and comment on the same.*

Extracted from the statute:

*RULES ON AN ADVOCATE’S DUTY TOWARDS THE COURT*

1. Act in a dignified manner.
During the presentation of his case and also while acting before a court, an advocate should act in a dignified manner. He should at all times *conduct himself with self-respect.*_(but in reality sycophancy and Bench appeasement)_ However, whenever there is *proper ground for serious complaint against a judicial officer, the advocate has a right and duty* to submit his grievance to proper authorities.

2. Respect the court.
An advocate should always show respect towards the court. An advocate has to bear in mind that *the dignity and respect maintained towards judicial office is essential for the survival of a free community.*_(judges often forget to bear this in mind and behave like lathi wielding cops)_

3. Not communicate in private.
An advocate should not communicate in private to a judge with regard to any matter pending before the judge or any other judge. An advocate should not influence the decision of a court in any matter using illegal or improper means such as coercion, bribe etc.
*
*
*
11. Not stand as surety for client

An advocate should not stand as a surety, or certify the soundness of a surety that his client requires for the purpose of any legal proceedings. _(as a corollary Judges have no right to pass judgements against the lawyer, while deciding against his client. But the collegium rarely selects on knowledge of law as a merit)_

_Other rules not relevant for the discussion at hand._

*RULES ON AN ADVOCATE’S DUTY TOWARDS THE CLIENT*

1. Bound to accept briefs.
An advocate *is bound to* accept any brief in the courts or tribunals or before any other authority in or before which he proposes to practise. *He should levy fees which is at par with the fees collected by fellow advocates of his standing at the Bar* and the *nature of the case.* Special circumstances may justify his refusal to accept a particular brief.

2. 3. and 4 not relevant.

5. Uphold interest of the client
It shall be the duty of an advocate *fearlessly* to uphold the interests of his client by all fair and honourable means. An advocate *shall do so without regard to any unpleasant consequences* to himself or any other. *He shall defend a person accused of a crime regardless of his personal opinion as to the guilt of the accused.* An advocate should always remember that *his loyalty is to the law,* which requires that no man should be punished without adequate evidence. _(unfortunately we have judges who keep the law aside and say "we get job satisfaction" and in the judgment of a dispute between the Plaintiff and the Defendant, pass orders against the Defendants lawyer as well!)_

*RULES ON ADVOCATE’S DUTY TO OPPONENTS*

1. Not to negotiate directly with opposing party

An advocate shall not in any way communicate or negotiate or call for settlement upon the subject matter of controversy with any party represented by an advocate except through the advocate representing the parties.

2. Carry out legitimate promises made.
An advocate shall do his best to carry out *all legitimate promises made to the opposite party* even though not reduced to writing or enforceable under the rules of the Court. _(terms on consent illegitimately obtained, i.e. including coercion and undue influence, advocate shall not advice his client to carry out.)_
*RULES ON AN ADVOCATE’S DUTY TOWARDS FELLOW ADVOCATES*
1-3 not relevant.
4. An advocate shall not accept a fee less than the fee, which can be taxed under rules *when the client is able to pay more.*
_(no judge has the business to object or comment  in the h judgement, what fees the losing party paid his lawyer)_
*The above Rules are in black and white, but nobody to follow!*

*Such a sordid state of affairs!*

Wednesday, March 7, 2018

What is the difference between http and https ?

What  is the difference between http and https ?
Time to know this with 32 lakh debit cards compromised in India.

Many of you may be aware of this difference, but  it is
worth sharing for any that are not.....

The  main difference between http:// and https:// is  all
about keeping you secure

HTTP stands  for Hyper Text Transfer Protocol 
The  S (big  surprise)  stands for "Secure"..  If you visit a
Website or web page, and look at the address in the web    browser, it is likely begin with the following: http:///.

This  means that the website is talking to your  browser using
the regular unsecured language.  In other words, it is possible for someone to  "eavesdrop" on your computer's conversation with  the Website. If you fill out a form on the  website, someone might see the information you send to that site.
     
This  is why you never ever enter your credit card  number in an
Http website! But if the web address begins with https://, that means your computer is talking to the website in  a
Secure code that no one can eavesdrop on. 
You understand why this is so important, right? 
     
If  a website ever asks you to enter your Credit/Debit card
Information, you should automatically look to see if the web
address begins with https://.
     
If  it doesn't,  You should NEVER enter sensitive
    Information....such as a credit/debit card  number.
     
PASS  IT ON (You may save someone a lot of grief).
GK:
While checking the name of any website, first look for the domain extension (.com or .org, .co.in, .net  etc). The name just before this is the domain name of the website. Eg, in the above example, http://amazon.diwali-festivals.com, the word before .com is "diwali-festivals" (and NOT "amazon"). So, this webpage does not belong to amazon.com but belongs to "diwali-festivals.com", which we all haven't heard before.
You can similarly check for bank frauds.
Before your ebanking logins, make sure that the name just before ".com" is the name of your bank. "Something.icicibank.com" belongs to icici, but icicibank.some1else.com belongs to "some1else".

👆 *Simple but good knowledge to have at times like these* 👆

Exclusively for all lawyers Compilation of words which lawyers use (which makes them a class apart):

Exclusively for all lawyers
Compilation of words which lawyers use (which makes them a class apart):

1. Lawyers don't "correct" pleadings; They amend them.

2. Lawyers don't merely "think". They opine.

3. Lawyers don't "outline" remedies or issues; They adumbrate them.

4. Lawyers don't "suggest" to court; They submit.

5. Lawyers don't "lie"; They misguide the audience

6. Lawyers don't "support" with evidence; they corroborate it.

7. Lawyers don't "show" in court; They demonstrate.

8. Lawyers don't "say" anything; They aver.

9. Lawyers don't "disagree with a fact"; They contend it.

10. Lawyers don't "finish submitting"; They rest their case.

11. Lawyers don't use the word "understand"; They use "construe".

12. Lawyers don't "agree with other people's opinions" ; They concur with them.

13. Lawyers don't "investigate"; They probe.

14. Lawyers don't "disagree with other people's opinions"; They dissent from them.

15. Lawyers don't "ask for permission"; They seek leave.

16. Lawyers don't "fall sick"; They get indisposed.

17. Lawyers don't "ask court"; They pray.

18. Lawyers don't "increase" anything they "augment" it

19. Lawyers don't ask court to  "postpone cases"; They ask it to adjourn them.

20. Lawyers don't "find solutions"; They seek remedies.

21. Lawyers "know" everything; what you think they don't know is "what they have not addressed their minds to".

22. Lawyers don't "go on" ; They proceed.

23. Lawyers don't "refuse"; They object.

24. Lawyers don't "ask court to take a step"; They move it.

25. Lawyers don't "leave an issue"; They abandon it.

26. Lawyers are not "wordy"; They articulate their point.

27. Lawyers don't "find solutions"; They resolve issues.

28. Lawyers call themselves lawyers among "lay men"(all other professions and non professionals); They call themselves "Learned Friends" when they are addressing themselves.

29. Lawyers don't "disagree" with each other; They just differ.

30. Lawyers don't "seek help" from court; They seek redress.

31. Lawyers don't "speak" in court; They address court.

32. Lawyers don't "agree" to what someone has said; They associate themselves with it.

33. Lawyers don't say something is "irrelevant or useless"; They say it is immaterial.

34. Lawyers don't "arrive" in court; They enter appearance.

35. Lawyers don't "go" to a judge; They appear before him or her.

36. Lawyers don't "die" ; They relocate to God's domicile !

37. Lawyers don't get "late"; They delay.

38. Lawyers don't "disagree" with somebody's opinion; They dissociate themselves from it.

39. Lawyers don't "stand in for" anyone; They hold brief for them.

40. Lawyers don't ask court to "force";They ask it to compel.

41. Lawyers don't say something is "the same"; They say it is parimateria.

42. Lawyers don't say someone is "responsible"; They say he/she is liable.

43. Lawyers don't "explain" what they have said; They substantiate it.

44. Lawyers don't "tell lies"; They amend the facts

Section Vs Article

Section   Vs   Article

When any fundamentally important document is drafted which may be a grundnorm (Fundamental norm to support all other legal norms) of that system, then generally it is differentiated from the ordinary municipal laws by referring to its clauses as articles rather than sections, such as United Nations Charter, International Conventions, Constitution of a country etc. from where other laws or rules originate.

Not necessarily that a Constitution has always articles but no sections. Article is used to convey an impression that they are more elaborate and conventional in expression.

The word "article" is used in English law in relation to the Memorandum and Articles of Association of a company, Articles of partnership, Articles of clerkship or apprenticeship. They are all in the context of forming some agreement. Outside the legal context we have articles of faith. And Articles are what the component part of interntional treaties are called. I suggest that part of the explanation lies in the general sense of the word "article”. A separate thing. So a treaty is a collection of things - we agree to this, and this and this.... Magna Carta was thought of as articles. "The twenty-five barons shall swear to obey all the above articles faithfully, and shall cause them to be obeyed by others to the best of their power". But the oldest statute in English law still in force, the Statute of Marlborough, 1267, refers to what is enacted as "provisions" ("provisiones" in the original Latin) but then goes on to say " the King, intending to devise convenient Remedy, hath made these Acts, Ordinances, and Statutes underwritten" [or perhaps Provisions, Ordinances, and Statutes]. But no articles. On the other hand, these days we would think of ordinances and statutes as separate documents. The late and distinguished British drafter, Francis Bennion, tells us that the parts of an Order in Council in the UK (an Order made by the monarch, the Council being the Privy Council) are Articles - and inded it is so, I had not registered that before. The French use the word "Article" in ordinary legislation (at least Codes, Lois (Acts) and Ordinances). But they may divide a piece of legislation into "sections" within which are Articles (in the same way as the word "Chapter" is used in an English statute). Perhaps French usage affected international usage. It was the "language of diplomacy", after all. On the other hand, there was simply a lot of trade in law and language between countries, especially in terms of bills of rights and constitutions. Turning to Constitutions. The US Constitution is divided into Articles (within which are sections). Recall the origin of the US Constitution: an agreement between the original 13 states. Also, the legal tradition being British, they would have looked perhaps to the Articles of Union between England and Scotland. On the other hand, at least the State of Delaware, in its own Constitution of 1776, used the word "Article" to refer to separate stipulations.

The pre-independence constitution was the Constitution of India Act 1935, an Act of the British Parliament. That was divided into sections. The Indians were very much influenced by precedents such as the Americans, the French, even the British, the Canadians and the Irish. The Irish Constitution is divided into Articles (themselves divided into sections). I note that as early as December 1946, "General Directions" prepared "originally at the instance of Pandit Jawaharlal Nehru" and submitted to the Union Constitution Committee of the Constituent Assembly, uses the word "Article". Most British colonies became independent with constitutions drafted by the Colonial Office, and used "sections". Post independence constitutions also sometimes retain that terminology (e.g. Nigeria 1999, South Africa 1996). Kenya 2010 uses Articles. This began as a deliberate departure from the past on the part of the Constitution of Kenya Review Commission in 2002 -- even though it drew quite heavily from South Africa. But it also drew from India, Uganda (Articles), and Canada -- especially the Charter of Rights and Freedoms (sections). There are reasons for usages - but usages they remain. But one needs to get it right within the particular tradition.

Thursday, November 30, 2017

IMPORTANT COURT TERMS

*🌹IMPORTANT COURT TERMS :-🌹*
ADP :- Assistant Director of Prosecution.
APP :- Assistant Public Prosecutor.
CC No :- Calendar Case. Number.
CJM :- Chief Judicial Magistrate.
DDP :- Deputy Director of Prosecution.
DJ :- District Judge.
DW :- Defense Witness.
FTC :- Fast Track Court.
JM :- Judicial Magistrate.
MC :- Magisterial Clerk.
NBW :- Non Bailable Warrant.
PP :- Public Prosecutor.
PRC No. :- Preliminary Registration Case Number.
PT :- Pending Trial.
PT Warrant :- Prisoner Transfer Warrant.
PW :- Prosecution Witness.
SC No. :- Sessions Case Number.
STC No :- Summary Trial Case Number.
PENDING TRIAL CASE ( PT ) CASE
---------------------------------------
STAGE OF CASE
--------------------------------
1.Taken on file
2. Apperence of accused
3. For copies
4. For charge frame
5. For trial Examination of pw1 to io
6. 313 Crpc Questioning
7. Arguments on both side
8. Judgement
TAKEN ON FILE
----------------------------
1. CC- Calender case
2. STC- Summery trial case
3. PRC- Priliminary register case
4. SC- Sessions case
5. JC- Journial case
ACCQUTAL CASE IN SECTION
-----------------------------------
255 Crpc In STC case
248 Crpc In CC case
235 Crpc In SC case
IMPORTANT Crpc SECTIONS IN TRIAL COURT
---------------------------------
317 Crpc - Petition filied for absence of accused
207 Crpc - For copies
311 Crpc - To recall witness at any stage after trial
91 Crpc - To produce documents
205 Crpc - Apperence dispence of accused
239 Crpc - Discharge of accused
257 Crpc - withdrawal of complaint
301 Crpc - To assisting the prosecution
302 Crpc - Private prosecution
156(3) Crpc - Direction to register a case
173(5)(8) Crpc - Additional documents to be filed after filing a charge sheet
167(2) Crpc Bail in mandatory provision in Sessions case -90days Below 3 years punishment cases - 60
days
437 Crpc Lower court bail
438 Crpc sessions bail / Anticipatory bail
439 Crpc High court bail
Txerms used in Investigation and Police Records :-
AR Copy :- Accident Register Copy.
CD :- Case Diary.
Cr.No. :- Crime Number.
FIR :- First Information Report.
FP :- Finger Print.
FR :- Final Report.
IO :- Investigation Officer.
IP :- In Patient.
LCD :- Last Case Diary.
MO :- Modus Offender.
MO :- Medical Officer.
PM :- Post Mortem.
PMC :- Post Mortem Certificate.
PNR :- Prisoner Nominal Roll.(Prison Record ).
RCS :- Referred Charge Sheet.
r/w :- Read with.
Sec. :- Section.
SOC :- Scene of Crime.
UI :- Under Investigation.
u/s :- Under Section.
WC :- Wound Certificate.
AD :- Action Dropped.
UN :- Undetected.
MF :- Mistake of Fact.
ML :- Mistake of Law.
CSR :- Community Service Register.
GCR :- Grave Crime Report or General Conviction Register.
GD :- General. Diary.
LLI :- Loose Leaf Index.
OP :- Out Post / Out Patient.
PSR :- Prisoners Search Register.
SHO :- Station House Officer.
SHR :- Station House Report.
BC :- Bad Character.
DC :- Dossier Criminal.
HO :- Habitual Offender.
HS :- History Sheet.
KD :- Known Depredator.
LFO :- Local First Offender.
LKD :- Local Known Depredator.
NLFO :- Non Local First Offender.
NLKD :- Non Local Known Depredator.
L & O :- Law and Order.
OD :- Other Duty.
PSO :- Police Standing Order / Personnel Security Officer.
ID :- Illicit Distillation.
IMFL :- Indian Made Foreign Liquor.
IMFS :- Indian Made Foreign Sprit.
GSE :- Good Service Entry.
MSE :- Meritorious Service Entry.
............................................................

Case  Type         Description
🌹
DC           Special Leave Petition (Civil)                   
🌹
SR            Special Leave Petition (Criminal)                
🌹
WC           Writ Petition (Civil)                             🌹
WR           Writ Petition(Criminal)                           🌹
AC           Appeal Civil                                      🌹
AR          Appeal Criminal                                   🌹
TC            Transfer Petition (Civil)                        
🌹
TR            Transfer Petition (Criminal)                      🌹
RC            Review Petition (Civil)                           🌹
RR           Review Petition (Criminal)                        🌹
OC           Original Suit                                     🌹
NC           Transfer Case (Civil)                              🌹
NR           Transfer Case (Criminal)                          🌹
BC            Writ Petition (Civil)...                          🌹
BR            Writ Petition (Criminal)...                       🌹
PC            SLP (Civil) CC No.            
🌹
PR           SLP (Criminal) CRLMP No.          
🌹
MC          Motion Case(Civil)                                🌹
MR           Motion Case(Crl.)                                 🌹
CC            Contempt Petition (Civil)                        
🌹
CR           Contempt Petition (Criminal)                     
XC           Tax Reference Case                               
LC            Special Reference Case                           
EC            Election Petition (Civil)                        
QC           Curative Petition(Civil)
QR           Curative Petition(Criminal)                   
FC           Arbitration Petition 
RA           REF. U/A 317(1) 
DR           Death Ref. Case(Criminal) 
DCD       Special Leave Petition (Civil) D. No.[D=Diary]                                  
SRD        Special Leave Petition (Criminal)  D. No.                     
WCD        Writ Petition (Civil)   D. No.                                
WRD        Writ Petition(Criminal) D. No.                                
ACD        Appeal Civil   D. No.                                         
ARD        Appeal Criminal    D. No.                                     
TCD         Transfer Petition (Civil) D. No.                              
TRD         Transfer Petition (Criminal)    D. No.                        
RCD         Review Petition (Civil)       D. No.                          
RRD         Review Petition (Criminal)  D. No.                           
OCD        Original Suit   D. No.                                        
NCD        Transfer Case (Civil)   D. No.                  
NRD        Transfer Case (Criminal) D. No.                               
BCD         Writ Petition (Civil)...     D. No.                           
BRD         Writ Petition (Criminal)... D. No.                            
PCD         SLP (Civil) CC No.   D. No.                
PRD         SLP (Criminal) CRLMP D. No.      
MCD        Motion Case(Civil)   D. No.                                   
MRD        Motion Case(Crl.)     D. No.                                  
CCD        Contempt Petition (Civil)  D. No.                             
CRD        Contempt Petition (Criminal)   D. No.                         
XCD        Tax Reference Case      D. No.                                
LCD         Special Reference Case  D. No.                                
ECD         Election Petition (Civil)  D. No.                             
QCD        Curative Petition(Civil) D. No.      
QRD        Curative Petition(Criminal)  D. No.                        
FCD         Arbitration Petition  D. No.      
RAD        REF. U/A 317(1)  D.y No.                                       
DRD       Death Ref. Case(Criminal)    D. No.
🌹🌹🌹🌹🌹🌹🌹