I am a neet aspirant this year nta released a guideline that class 10 marksheet should match adhaar card if it doesn't make changes in adhaar the problem is my fathers name Is krishna kumar Roy and in all my and my fathers documents its written as kumar but in my 10 marksheet it's kr and when I visited adhaar kendra to change my fathers name they are asking for voter or ration but all those has kumar written and they are saying they can't accept class 10 marksheet and in my registration form I have written as kr and when I enquired with nta about this problem they said u can seat for exam but during documents verification I may have to give justification for this if I get selected so what type of verification they are asking for is it affidavit
And if I give 1 year drop if I can't clear in this year I presume this guideline will still be there if I make affidavit if I make affidavit thus year will they accept next year
And can any institutions reject me from getting admission for those small eror it's my father name at the end not mine
I am planning and proposed for living will.
I don't have any ailments or taking any medical treatment.
I have already pledged for body donation.
Now to execute living will, I need the legal advise and guidelines.
Veterans, please guide me on this
(I am in reference to Supreme Court of India guidelines on passive euthanasia, 2018)
Have sex with gf in car caught by 2 people and they are following me I was running my car so they will complain in police station? They have seen only my car number
Respected sir/ madam
I am Heena Bhomkar , resident Malad East Mumbai, I would like to register my compliant against fake raw Agent id card name of mr.vinayak Dulba Alornekar residence in Malad Mumbai, he threating one widow Lady n her daughters by showing fake id card regarding her property occupied illegally he saying he is raw Agent no one can do anything against him so I am requesting u to kindly check whether is he real raw Agent or not and take necessary action please 🙏
Hello,
Myself and my wife was married 4.5 years ago. In 2024, september she has been hospitalized for severe lung infection(viral pneumonia) and on october she passed away in hospital. Its natural death. She got an apartment in her name and some gold ornaments. Both was gifted by her parents during marriage time(not inherited from parents). Apartment was funded by them and jewels as gifts. Now after her death, her parents asking all of them stated that i have no rights on the assets. My mindset is that i dont want all of them but i want that home alone as i have spent some amount in interiors and have lot of memories there. So i said that i will pay half amount of property to them and transfer that property to my name. They are not agreeing for that and also threatening me with some random relatives.
So my question is do i really have rights over that property or not? Please advice me on this.
In my college asking for community certificate I don't have one and I'm not willing is this is a problem for my studying
I sought legal opinion on above subject. If you have contra view pl. elaborate...the principles outlined in an advocate’s duty to justice apply to the pre-litigation stage also, including the drafting and issuance of legal notices. While
legal notices are not part of formal court proceedings, they are often the first step in legal disputes and can significantly influence the course of the
case and the behavior of the parties involved. Courts and professional standards expect advocates to act ethically at this stage, as their duty to
justice and fair dealing extends beyond the courtroom. Here are some points on how these duties apply to pre-litigation:
**Duty of Honesty and Integrity:
Just as in court proceedings, an advocate is expected to uphold honesty and integrity in pre-litigation communications, including legal notices.
Case Reference: In D.P. Chadha v. Triyugi Narain Mishra (2001), the Supreme Court held that an advocate's ethical duty transcends court procedures and
that any conduct likely to mislead or distort the truth constitutes professional misconduct, regardless of the stage of the proceedings.
**Avoidance of Frivolous or Malicious Claims:
Advocates should avoid sending legal notices with baseless, exaggerated, or malicious claims simply to intimidate or pressure the opposing party.
Misusing legal notices to harass or deceive goes against the advocate’s duty to justice.
Case Reference: In Zahira Habibulla H. Sheikh v. State of Gujarat (2004), the Supreme Court stressed that all actions, even outside the courtroom, should
further the interests of justice and truth. This applies equally to the content of legal notices, as advocates are expected to refrain from behavior that
might lead to a miscarriage of justice.
**Duty to Provide Sound Legal Advice:
During the pre-litigation stage, advocates have a duty to give honest, balanced advice to their clients about the merits of the case. This includes
avoiding the temptation to make false promises or inflate claims just to appease or retain clients.
Case Reference: In S. Jafri v. Union of India (2011), the Supreme Court emphasized that advocates must uphold justice, even if it conflicts with client
demands, and not advise or draft documents that could lead to unfair legal actions.
**Ethical Drafting of Legal Notices:
Legal notices should accurately reflect the client’s legitimate claims and should be drafted in a way that is fair and just, without resorting to threats,
inflammatory language, or exaggeration.
Case Reference: The principles from State of Punjab v. Brijeshwar Singh Chahal (2016) emphasize that advocates should avoid using deceptive or manipulative
language in any formal or informal communication, as it undermines the legal profession’s commitment to justice.
**Professional Conduct Rules:
The Bar Council of India Rules under the Advocates Act, 1961 outline professional conduct obligations for advocates, including pre-litigation actions.
Rule 4 and Rule 5, for example, underscore that advocates must act with dignity, fairness, and honesty and should not engage in actions that mislead or
deceive.
Misleading or dishonest pre-litigation notices could therefore be grounds for disciplinary action, as they violate these professional standards.
**Conclusion
An advocate’s duty to justice, honesty, and integrity certainly applies to the pre-litigation stage. Legal notices should reflect genuine legal claims,
avoid exaggeration, and be drafted with respect for the principles of fairness and truth. Misuse of legal notices could constitute professional misconduct,
as the ethical obligations of advocates are not limited to the courtroom but extend to all actions taken in their professional capacity.
After reading this opinion ,I asked:
are there instances where bar council penalized advocates for Misleading or dishonest pre-litigation ?
Yes, there have been instances where Bar Councils in India have penalized advocates for misleading or dishonest conduct during the pre-litigation stage.
The Bar Council of India (BCI) and various State Bar Councils are empowered under the Advocates Act, 1961, to take disciplinary action against advocates
for professional misconduct, which includes unethical behavior before formal court proceedings commence.
**Relevant Provisions:
Section 35 of the Advocates Act, 1961: Empowers State Bar Councils to refer cases of alleged misconduct to their disciplinary committees. If an advocate
is found guilty, penalties can range from reprimand to suspension or even removal from the roll of advocates.
Bar Council of India Rules: These rules outline standards of professional conduct and etiquette, emphasizing that advocates must uphold the dignity and
integrity of the profession at all times, including during pre-litigation activities.
Case Example:
In the case of P.N. Vignesh v. Chairman and Members of the Bar Council (2024), the Madras High Court addressed the issue of advocates advertising their
services through online platforms, which was deemed a violation of professional conduct rules. The court directed the Bar Council of India to take
disciplinary action against such advocates, highlighting that even pre-litigation conduct, such as solicitation of clients through advertisements, can
amount to professional misconduct.
Key Points:
Misleading Clients: If an advocate provides false or exaggerated claims in legal notices or during client consultations before litigation, it can be
considered professional misconduct.
Unethical Solicitation: Engaging in solicitation of clients through advertisements or other means not permitted by professional conduct rules, even before
formal litigation begins, is subject to disciplinary action.
Disciplinary Actions: Penalties for such misconduct can include reprimands, suspension of the right to practice, or removal from the roll of advocates,
depending on the severity of the offense.
These measures underscore the legal profession's commitment to maintaining ethical standards at all stages of legal practice, including pre-litigation
activities. P.S. I NEED CASELAWS MENTIONED ABOVE
I own a single shop room in 3 shop room building.my shop is middle of other two.so wall of my room is common wall between two rooms.
If other two shop room owners going to demolish their room by renovation, can they demolish common wall which is boundary of my room.i want possess my room as it's current position.can i get protection from Court ?I want detain them from wall demolition
Sir,
My girlfriend who have no source of income has taken Rs 20 Lakh from me through account transfer (NEFT) for purchase of a house in her name.I have documentary evidence from my bank statement. Also I have spent another 5 Lakhs by cash for docoration of the house after purchase.
Now she refused to maintain relationships and marrying me.
Can I lodge 406 IPC and 420 IPC in local PS stating that she has taken the money as loan and refusing to refund ?
Can police directly arrest her without any permission from court ?
Surely she couldn't refund the money. Can I claim to transfer the property to me ?
Transfer of my banks service
hello all,
i have been working in Public sector bank since last 15 year, my wife is also Public sector banker. Since last 15 year i have never been at my domicile or near to it. as per transfer policy my wife has already availed 2 times request transfer and now left with no option. i am serving banks duty leaving my family alone. ( my working wife, 8 year old daughter, old age parents) i have been requesting my bank time and again to consider my request transfer but received no consideration till now. recently i am again transferred to remote location that too i am on medical leave. now facing immense medical and mental trauma. how could i manager my family and professional life.
pls suggest me any legal remedy