I need experts guidance very specifically.
I am law graduate from University of Madras during the year 1988. I joined the Bank on 25.01.1990 and still continue in service. In these two years, since I was employed in Government of India services, I failed to register in the Bar Council of India. Before I took up services in the bank, I had formally resigned from Government services.
The issue is, as per Bar council Regulations, I am not eligible for enrollment since I am a full-time employee of a financial institution. My query is:
(a) Can I enroll with Bar Council with retrospective effect (from 1988)without claiming any seniority, since I was not an employee of the bank?
(b) What would have happened had I got enrolled in 1988 and latter on joined bank services? Will it amounts to disqualification? OR Could I been allowed to practice law?
(c) Can Bar council permit me to enroll, if I am able to produce No Objection Certificate from my bank?
(d) If NOC is declined then, can I contest with my employer stating that I was not an employee of Bank, when I completed my Law Degree in 1988.
(e) In the 60s and 70s, BL degree had a duration of 2 years only from Madras University if any student completes graduation, then whether total academic years of 4 years of Law studies after three years graduation (Two year UG - BGL and Two years PG- ML)is sufficient for enrollment in Bar council.
(f) Is it a fit case for litigation, in the event of these proposals declined by both Bar Council and my employer? That is, can I contest on the basis that Government doctors practice medicine in clinics and hospitals displaying their name board and make money why it is not allowed for Law Graduates?
(g) Can I legally claim Non-Practicing Allowances from my employer which is granted to all Govt Doctors.
Experts to please guide me.
(point-wise as above)
PS. This query is posted for personal clarification in the best interest of public only and in no way neither my employer nor myself are responsible for the contents noted therein.
Kandavel Murugan
02 April 2010 at 05:06
Hello all
I am a final year law student and need assistance from all the learned people out here on the following topics. Please help me.
1. How can an advocate play a role in the expedite disposal of pending cases ?
w. What are the pre-trial preparations involved in a civil case on behalf of the parties ?
3. What are the various stages of session trial in criminal cases ? Thank you.
chankya das chatopadhya haryan
01 April 2010 at 23:41
1 socitery registered under Socitey act which consist of people who dnt believe in god...they form a clg and recived grant in aid...they select a principal on their on choice who being a member of tht socitey after giving advertisement for pricipal...one of the eligible candidate file a case...govt took away the grant in aid as saying violation of the ir policy as maladministration.
University replied tht they being a minority may take any decision. govt thn ask to prove the same.National Minority Commission said not a minority as dosnt believe on relgion...than plea is made to Human Right Commission they approved the minority status and asked to resume grant in aid . Gzovt didnt accept the same
therefore writ bfre the sc U/A 32 of Constitution
Anonymous
01 April 2010 at 23:30
A false private complain was filed by using other party's mou in support of his complain and by suppressing accused foreign nationality for securing jurisdiction of the magistrate court.The Magistarte issue the process without application of mind that entire alleged offence had taken place outside India and accused is foreign nation and that complain is filed on forged document.Is accused obliged to obey such order who live abroad? Pls.advise
Ravi Mishra
01 April 2010 at 22:16
There was a news item in the Economic Times about Sec-195.
Is it necessary to give CA certificate every time an overseas outward remittance is made to NRI?
Anonymous
01 April 2010 at 21:08
'A' goes to the municipality and applies for a death certificate regarding a property in which there is already a civil dispute.
He find that the person 'B' who is in possession has a power of attorney, dated after the death as per the death certificate procured by him.
Now, A initiates criminal proceeding against B. But my technicalities the suit was dismissed.
B then files an FIR U/S 465,467,468,120-B,114, and A has already been charge-sheet, but the trial has not begun since 5 years
---that is not the end of it---
Now, A can prove beyond doubt that B's power of attorney is a forged one.
The question as :-
1) the municipality wasn't made a party. because if you/I go to the municipality and get a certificate which has a wrong date; isn't it the fault to some extent of teh municipality.
2) (read very important) what should be A's line of defense, to first prove that he is innocent in the matter of the death certificate. OR to go ahead and attack B, and prove that he had no authority.
Need to find precedents and work hard on this!!!
Member (Account Deleted)
01 April 2010 at 20:56
Police submitted charge sheet under section 323, 341 IPC against accused A. Cognizance has been taken by the Magistrate in same sections. After that police submitted a medical report , in that report the injury on head was grevious in nature and the medical board opined that injury was dangerous to life. Magistrate again took cognizance under section 307 IPC and commit to the sessions court. pls guide me and kindly send S.C. judgments in this regard. Thanks
jiwan
01 April 2010 at 20:25
Dear sir,
if a worker injured in his finger on working time in factory . and he is not able to work for one or two month. Company is liable to pay wages during this period (during this period he did not worked in any day) if yes ,in which rate company have to pay wages,
please clear these question in both case
if ESI applicable in this area
if ESI not applicable in this area
The Agreement between the parties was executed 15years before. The said agreement neither notarized nor registered. But it is Valid in the eyes of LAW. This ruling was passed by BOMBAY HIGH COURT some time in 2008 or 2007. Please it is my requests to all respected members provide us with full text judgment.
Books
What are the books that i should have for my practice.
and i want to start collection Law Journals, which ones should i start with.
and from where should i order them ?