Passport Can Be Renewed Even If There Is A Criminal Case Going On If Court Permits – A Case Study

The chief general manager of state run PEC limited was denied the renewal of his past as he was charged by the CBI for offenses under the IPC section 420 as well as section 13 of the corruption act after the CBI had filed an FIR against him and his PSU under the ministry of Commerce and Industry for cheating of over 530 crores.

When the advocate of the client applied for an NOC for Passport renewal, the PEC limited refused it citing the office memorandum of Aug 28, 2018, that the Ministry of Public grievance and Pension, Personnel, Department of Personnel and Training, stating that in case of any pending disciplinary proceedings, the vigilance clearance as well as the NOC certificate required by a public servant for issuing or renewing passport can be withheld ordinarily.

Passport Can Be Renewed

The Advocate of the person in concern had challenged two office memorandums issued by PEC limited that declined his client’s passport renewal request. The report that the PEC as well as the passport office submitted for denial was under the Section (6) (2) (f) of the 1967 Passports Act. It states that the passport office can deny the renewal of passport to the applicant who is under-going court proceedings before a criminal court of India. The PEC limited counsel further contented on the order of the special judge which was conditional and did permit passport issuance only if it is allowed under the relevant passport rules.

The court noted that the PEC did not bring forth any other other rule other than Section (6)(2)(f) and 10 of Act that would prevent the applicant from getting his passport renewed and that the criminal court in concern did approve his passport renewal.

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Justice Bakhru further added “The reliance on Section 10 of the Act is ex facie misplaced, since it pertains only to impounding and revocation of passports and travel documents”. The court directed that if the petitioner submits an application for passport renewal, it would be processed for a period of two years but there is this condition where the petition submits an undertaking to respondent no 5 that he would appear before the court whenever required during the issued passports continuance.

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Black Robes For Advocates – A Sneak Peak Into The History

The dress code for advocates, lawyers and judges across the world is a combination of Black and White except for some. Black color has two sides both positive and negative implications.

Black Robes For Advocates

During the medieval era, the judges wore two colors, green and violet, in summer and winter respectively. But, the summer robes slowly vanished making way for black and violet robes. This history of black robes dates back over centuries to the age of Edward III in 1327. The legal system during that times included the Judges, sergeants, students, benchers, pleaders and Barristers. While the Sergeants practiced from St. Paul’s and wore the coiffure wig on heads, the Judges wore English Judicial costumes. The costumes of the English Judiciary are known to be in existence for over six centuries. In the year 1340, the legal profession in England was divided but even after the public opposed the length of the robes, but Lawyers decided against public and went ahead with long robes.

The Indian legal system influenced by the British, obviously so, made it compulsory for the lawyers to wear a Black coat or Robe alongside a white neck band on top of it in the year 1961 through the advocates act. As per the Section (49) (gg) of this act advocates need to wear the black robe irrespective of their seniority.

Black robe has a lot of significance in the legal field. It is an epitome of discipline as well as renders a sense of seriousness to the identity of Advocates. Even the white neck band also has a significance and has two strips of white cloth joined to make one band that signifies ‘Tablets of Stone’ or ‘Tablets of the Laws’. These tables also have a meaning. They are known to have been uses by Moses who received them on Mt Sinai from a burning bush and inscribed the Ten Commandments. They are also known to depict the upholding of laws of God as well as men.

The Indian as we all know has a great influence of the British as they ruled us for over 200 years. The Indian legal system also continues to follow the same black robe with white neckband on the top standard.

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Law College Admissions 2019 – KLE Law College Bangalore

Gone are the times when pursuing a career in law was a legacy affair. Today, law has opened up umpteen avenues and hence students are quite willing to foray into law as a career choice after 12th. These days there are a lot of opportunities in giant corporate houses knocking doors. It has also increased the influx in admission in law courses. Moreover there are colleges that offer integrated courses in law, viz. the benefit of two degrees under one single course. For example BA LLB BCOM LLB BBA LLB. These are 5 year integrated courses that offer undergraduate degrees in Arts, Commerce and Business alongside a degree in Law as well. It also includes an internship program of 20 weeks

Thus multiplying the opportunities as well as scope of work.

To get yourself a seat in a law colleges you need to crack the codes called LSAT and CLAT. After you clear the entrance is when you are eligible for a Law seat as per your scores in a law college. All the government and state based colleges organize these entrance exams.

Selecting a good college with state of the art infrastructure is a preliminary and important task. There are many colleges in India and Karnataka that offer courses in Law. But, do check for the infrastructure of the college, the amenities and facilities, the ranking on a national and state level basis as well as the placement assistance they offer. It’s always a good idea to short list and try and visit the colleges personally to check them out yourself rather than relying on a word of mouth. For people looking to study away from their natives, need to also look at commuting and residence provisions. Also, take into account the needs of the future as in what is your ultimate goal viz if you are going to look for a job after the course or opt for higher education in India or abroad. While deciding or narrowing down upon the college keep these points in mind.

Ultimately, before you choose law as a career make sure that you are really passionate about it and not taking it up under any kind of influence or pressure because you can only excel in your career or a field you choose, only if you are really passionate about it.

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Article 370 – All You Need To Know

The article 370 has given the status of an autonomous state to Jammu and Kashmir. The article has been drafter under the part XXI of the Constitution that states Temporary, Transitional and Special Provisions. This article was worked out in the year 1947, between Sheikh Abdullah, appointed then as the prime minister of J&K by Nehru as well as the Maharaja. He kept the Kashmir portfolio to himself. Sheikh Abdullah was driven by the desire to become the king and his hatred for the maharaja then persuaded Nehru to provide Special status and even Mountbatten was the one to pursue Nehru to take the issue to UN.

article 370

The article has the following provisions –

  • The provision grants special autonomy to Jammu and Kashmir
  • The provisions of article 238 that got omitted in 1956 from the constitution are not applicable to Jammu & Kashmir.
  • Even B R Ambekar who was the man behind drafting the constitution refused to draft article 370 and was done by Gopalswami Ayaangar, a minister without portfolio and x Diwan of Hari Singh, kind of Kashmir, eventually
  • The article 370 has been drafted under temporary and transitional provisions of the Amendment section of part XXI, section
  • The article 370 does not allow and increase or decrease in the borders of the state

It is known to be the biggest impediment in integrating J&K with Indian Union. The Veto power on laws lies with the Jammu & Kashmir Authority even if the Government makes laws with the state government. A J&K can have two citizenships, one of J&K and one of India. This privilege is not given to Indian citizens otherwise. An outsider is not allowed to buy any property in J & K state and the defection law is also not applicable to this state. Other laws like intermarriage with other state person, Urban Land Ceiling, Wealth tax and Gift Tax aren’t operating in J&K state. J&K has the power to refuse use of land of defense cantonments or allocation of land for defense purposes.

Apparently, article 370 is a temporary provision and can be abrogated. The topic has been a hot topic for debate in India after the Pulwana terror attack that killed over 40 Indian Soldiers.

 

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Hindu Marriage Act 1995 – An Insight

The Hindu Marriage act has been created with the intention to secure the rights of the bride and groom who are Hindu by religion and are tied into a sacred bond through marriage ceremony. Though there is not definition for the ceremony as such. The act is applicable for people of Hindu, Sikh, Jain and Buddhist religions.

The components of the Hindu marriage law are spread across different sections of the act. Here’s a run-down some of the common and important sections under the Hindu marriage law 1955.

Hindu Marriage Act 1995

Section 5 of the Hindu Marriage act, 1955 – The marriage is considered lawful if the bride is 18 years or above and the groom is 21 years or above at the time of the marriage.
Section 6 of the Hindu Marriage act, 1955 – This sections has the provision for legitimacy of children born out of this alliance and can be later declared as void or voidable.
Section 8 of the Hindu marriage act, 1955 – The marriage can be registered under this act.
Section 9 of the Hindu Marriage act, 1955 – This has the provision for restitution of the conjugal rights of a husband as well as a wife who are bound together under the act.
Section 15 of the Hindu marriage act, 1955 – This act says that once divorced both of them are eligible to remarry.
Section 24 of the Hindu marriage act, 1955 – This act has the provision for maintenance pendent lite as well as for expenses of the divorce proceedings.
Section 25 of the Hindu marriage act, 1955 – The section 25 of the Hindu Marriage act is for provision of maintenance pendant lite as well as for the legal divorce proceedings expenditure.
Section 26 of the Hindu marriage act, 1955 – The section is about custody, maintenance as well as education of minor children during as well as after legal proceedings of divorce.

The Hindu marriage act is a provision made by the government of India to keep the sanctity of marriage in place and not let anyone take any undue disadvantage of the pious institution.

 

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How The Budget of 2019 Rings in Some Good News for Middle Income Groups

The budget is out and Piyush Goyal has definitely tried to woo the Indian middle class with his budget line, particularly the income tax slab. We all know that below 5 lacs the middle income group had to pay an income tax slab of 5 % tax. This years the grass is even greener because now uptil 5 lacs, you are not required to pay any tax. Furthermore, if your income is 6.5 lacs you might as well do a fixed deposit of 1. 5 lacs which will not be applicable for tax.

Budget 2019

Again, the government presented the interim budget this year. This budget is usually presented in the final year of the government’s tenure. Yes, this does have a catch. Once the new government comes into force, the approval of this budget is required from the new government. It’s for the new government to decide to make a few changes in the budget of change it entirely.

Nonetheless, the burden for the tax payers has definitely eased with the tax slab being increased. There is news for the farmers too and includes a yearly money transfer of 6000 for small farmers under the Kisaan scheme. It will be done in three installments of 2000 each. For government employees the tax free gratuity limit has been increased from 10 lakhs to 20 lakhs. For mothers, the government has introduced the Pradhan Mantri Matritva Yojna and 26 weeks of Maternity leave for working women. The tax on daily used items now remains within 0-5 % tax slab. The government has also announce no tax on interest of 40,000 on FDs.

The government has also announced pension scheme for house maids wherein they need to start putting 100 Rs. per month from the age of 29 and they get a monthly pension of 3000 after 60 years of age under the Pradhan Mantri Shram Yogi Mandhan and people working in the unorganized sectors. The rest of the money will be contributed by the government. The scheme is all set to begin this year.

Well, there is quite some good news it seems with the budget this year, particularly for the middle income groups. But, it needs to be seen if after the election this budget gets approval of the elected government because then only it will hold true.

 

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B.Com LL.B Course in Bangalore – BCOM LLB Admissions

Many aspiring students today are willing to make their career in law. Why not? Law is also one of the booming careers today. Today law is not a profession or legacy carried forth by the generation of lawyer family members but even others are foraying into the area due to the lucrative offers worldwide. Today it’s not just criminal and civil law areas and the courts where people get work opportunities. The horizons are broadened and many corporate giants. These days you also get to study integrated law course like BA LLB, BCOM LLB and BBA LLB other than regular law courses like LLB and LLM.

bcom llb course admissions

Doing an integrated course like BCOM LLB can help you streamline your career in the direction of your choice and even scope of work. If you are a finance person and you want to take up law then doing law in commerce can help you a lot. More ever an integrated course can help you get two degrees at one go, one in business and the other in law.

The admission process for BCOM LLB needs you to undergo a national level common entrance exam. There are government as well as state level colleges that conduct common entrance exams. Once to clear the CLAT and LSAT entrance exam, you can get admission to the course.

This course is of 5 years and also requires you to complete an internship program of 20 weeks during their course of study. The career for graduates pursuing BCOM LLB course includes lot of areas like Indian civil services, corporate law, legal advisors in MNCS and banks, criminal practice, income tax, CA firms and more.

These days career options like writing for law are also very much in and hence if you are the one who loves writing then you might as well opt for legal writing.

Once you complete your course and are willing to do practice of your own, you need to obtain the certificate of practice in law. To obtain the certificate you need to appear for the All India Bar Examination (AIBE) which is organized and regulated by the Bar council of India.
If you are looking to get into teaching than you may opt for LLM course as well and PhD after that.

It’s only that you need to look for a good college that can make you not only a graduate but an industry ready professional by providing the right education and training.

For more information about BCOM LLB Admissions in Bangalore

Environmental Law As a Career – An Overview

Many of us might not be aware but environmental law is one of the careers in law that is being considered as a lucrative career. This law deals with laws and issues around green initiatives, waste management, sustainability strategies, bio-diversity, hazardous waste and alternative energy resources. Today sustainability has become a priority across the world and hence the world is in need of lawyers who can be the torch bearers as far as advice around green standards and sustainability issues are concerned. As the needs of corporate houses grow in terms of legal work needs around environmental legislation.

Environmental Law

The work of the environmental lawyer involves working around the laws of the environment and legislation and the interests of the environment as well. The issues around the environment include responsibility, stewardship, ecology, sustainability can result in taking a legal course which might in turn require you to have an environmental lawyer. The role of an environmental lawyer involves in representation their clients around environment issues, helping them devise the environmental policies and write as well as orient their clients about environmental law.

Environmental law is in demand overseas as well and the salary offered is also quite handsome. In India, Environmental law is not as popular right now. The branch that deals with environmental law in India is called regulatory branch or branch of environmental legislation. These branches are high capable of understanding technical material including scientific literature, raw data as well as precedent cases in order to scrutinize the legal situations affecting the environment in one way or the other.

Their job role involves decision making on matters like prosecution of environmental offenders. Representation of a corporate house, a corporation, government or business entity at pre-trial negotiations as well as discovery sessions, to name a few.

There are various institutions across the globe that offer degree in environmental law. A rule of the thumb is that if you are passionate about environment then go for this degree more than relying on the statistics of whether it is lucrative or not, and you will definitely excel.

 

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Single Parenting is a Dangerous Concept As Per High Court

As per the observations of madras high-court single parenting can have adverse effects on the society. The high-court mentioned that single parenting could be a dangerous concept for the society as the child needs the love and care of both mother and father.

Single Parenting is a Dangerous Concept As Per High Court

In the order of the year 2016, the court had suggested to the union ministry of women and child development about considering castration for criminals of child abuse and rapists as an additional punishment alongside the already present ones under the Protection of Children from sexual offences (POSCO) Act, IPC and the juvenile justice act.

The court justice Kirubakaran also noted that the family system had changed over a period of time from joint to nuclear and recently to single parenting. The court also harped upon the point of bifurcation of union ministry of women and child development and start a dedicated ministry itself for child development.

The court also instructed the state government to conduct awareness programs with regard to crime against children amongst the other directions it gave. As per the court single parenting was a concept that was dangerous to the society and true to because there could be umpteen other challenges or obstacles that a single parent can also face besides the child. These challenges include those like taking multiple responsibilities because a single parent has to take the load of the both the parents, be it any kind of responsibility, time management, finance burden and child management. It takes a two to tango truly goes with parenting as one parent cannot manage all the responsibilities alone. It is tough and its even tougher for the child to not get a balance of both parents. Thus, what the high court said around the concept of single parenting does make sense in every way, aint it?

 

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You Don’t Need to Carry A Physical Licence Henceforth

When you are on the roads and driving be it a four wheeler or a two wheeler some of the few things you need to keep with you include the driving license, Vehicle registration certificate and the pollution control certificate. While it is allowed to carry a copy of the same, it is quite a hassle and many of us opt to carry the original. This kind of leads to a risk losing the original document or card.

As per India Today, the Union ministry of Road Transport and highways has amended the Central Motor Vehicle Act of 1989 allowing people to carry the relevant documents in digital format. As per the new amendment, a vehicle owner does not require to carry documents like driving license, document of pollution under check, registration certificate (RC), fitness and permit etc., in their physical format. They can use the digital format form as well and show it to the concerned authorities on their screen.

Digilocker

This service comes under the digital India initiative thus enabling people to store official documents on the cloud with the help of a central government operated app called the Digilocker. The app can be easily downloaded from the App store or Google play store. There is a validation process of the documents that you store but it is simple and easy because the validating authorities are the same authorities who have issued the documents. This does also mean that showing scanned copies of documents is not permitted by the law and that it’s only possible for people having smartphones.

The initiative is a part of the promoting a paperless governance and is definitely going to ease a lot of hassle that it causes to people in terms of carrying physical documents with constant threats around accidental damage, burglary, losing or misplacing the documents which could further lead to a lot of tedious procedures.

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This initiative of digitizing India is definitely a forward thinking strategy and amendment of the existing law only brings forth the fact that with times the laws also need to change in order for a country to progress. Change is the only constant and we as country not only need to anticipate it but also initiate it.

 

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