Interpretation
Ganesh
(Querist) 01 November 2011
This query is : Resolved
I have just completed my LLM from Mumbai University. The University has informed me that I have scored higest marks in my subject and I will be getting a Gold medal for that. They have told me to produce a copy of my registration with the Bar council.
The actual condition stipulated is "Will practice law at the Bar".Which means that I need not be a practicing Advocate but I have to give an assurance that I will practice in future.
Is my interpretation correct. Are the University Officials right in there approach. As far a my knowledge goes I think the word "WILL" is expressed for a future tense. Can I argue with them on this issue.
Shailesh Kr. Shah
(Expert) 01 November 2011
what is the exact rules to obtain 'Gold Medal' in mumbai university?
Advocate Rajkumarlaxman
(Expert) 01 November 2011
a word in english has 34 meanings please put the entire clause. we can guide you
R.Ramachandran
(Expert) 01 November 2011
Dear Mr. Ganesh,
Congratulations for completing the LLM with such a distinction.
I thought with your LLM you will be providing the requisite interpretation precisely and conclusively.
Any way, now that you have asked, let me give my views.
It is an assumption that every one who graduated in LL.B. 'will practice law at the bar'. The person who joins the LL.B. also 'intends' to practice law at any fugure given date.
If a person having graduated in LL.B. does not practice law at bar, nobody can compel him.
But, if there is a condition that to grant a Gold Medal, one clearing the LLM, "will practice law at the Bar" it only means that a person ought to practice law at the bar in the presenti and not at any future date. As the pre-requisite for practising at the bar is registration/enrolment with the Bar Council, the University is insisting on the production of the Registration Certificate with the Bar Council.
It is altogether another matter, that even after registering with the Bar Council whether one actually practices at the bar or not. While the University is not insisting your actual practice at bar, at least it requires that you should be registered with the Bar Council.
If the University was only concerned with your 'intention to practice at the bar' at any future point of time, then the very condition stipulating that ""Will practice law at the Bar" is not called for. Therefore, the University Officials cannot be said to be wrong in their interpretation.
Sankaranarayanan
(Expert) 01 November 2011
First what is the norm for being eligible gold medal achievement designated by the university.
If the enrollment with bar is must then your eligibility is laps.
Ravikant Soni
(Expert) 01 November 2011
The Gold medal is given for your ranking highest in the LLM examination. If there is any condition prior as like you mentioned in your query, it would be unconstitutional.
Shonee Kapoor
(Expert) 01 November 2011
I guess this query was raised before too.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
R.Ramachandran
(Expert) 01 November 2011
You are right Mr. Shonee.
He had raised this query earlier at http://www.lawyersclubindia.com/experts/Interpretation-243321.asp
RAJU O.F.,
(Expert) 05 November 2011
Don't lose the golden opportunity to obtain a Gold Medal, by arguing with the university.
Guest
(Expert) 05 November 2011
Dear Ganesh,
Your interpretation about the use of vern "WILL" is wrong. Will, the future, starts right after a moment, not at the discretion of any one to fix any date in future for the future to happen.
Here the University's intention is clear to communicate that you will practise only, not do any other job or business. after you are awarded a Gold Medalb
