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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*Sourced from the Internet

Applicability Of Foreign Judgment in India – Review

With globalization at its peak, India is emerging as a global player internationally. So, getting a hang of laws related to enforcing foreign judgments in India is a good idea. Before we move on, let’s define some of the associated legal terms for clarity purpose. While decree means judgment a foreign court is a court that is located outside of India and not established or under the control of Central Government of India. Foreign judgments thus refer to judgments that are made in foreign courts viz courts outside India.

The recognition of a foreign judgment in India is based on certain agreements between countries, bilateral or multilateral understandings or unilaterally at times as well. The decision is said to be recognized only if a country’s jurisdiction accepts the decree/ judgment of another country’s court and passes the judgment on the same lines without asking for a re-hearing of the original lawsuit substance.

There are two ways in which a foreign judgment can be enforced in India.
1. File a petition for execution under section 44A of the CPC
2. File a suit upon the foreign decree/ judgment

Point 1 is only valid for reciprocating countries or territories as per the section 44A of CPC.
As per CPC section 44A, explanation 1, reciprocating territory is defines as any territory or country outside India, declared as a reciprocating territory by a notification in the official gazette.
Some of the countries that fall under the list of reciprocating territories are UK, Bangladesh, UAE, New Zealand, Hong Kong, to name a few. In all there are 12 territories under the category.

Point 2 is valid for non reciprocating territories like USA, where in a law suit has to be filed in an Indian court within a time limit of 3 years of the foreign judgment. The Indian judiciary considers the judgment as evidential.

Decree Execution for Reciprocating Territories
1. If a certified copy of the judgment from a reciprocating territory is provided to the court in India, the judgment is executed in India similar to any other judgment passed by Indian District Court.
2. A certificate from the superior court stating the extent to which the decree can be adjusted or satisfied as a conclusive proof for the same.
3. While executing a decree the proceedings of the district court will be subject to provisions of section 47 and if such a decree falls under any of the exceptions stated under its clauses (a) to (f) and satisfies the court, then the court would reject or refuse execution of the same.

Decree for Execution of Non Reciprocating Territories
If a decree does not pertain to the supreme court of a reciprocating country or a reciprocating territory for that matter, the decree cannot be executed in India directly and a fresh suit needs to be filed in the Indian court on the basis of the foreign courts decree. This decree would then be considered as evidential for the case.

Having said that, it is mandatory under both cases for the decree to clear the test of IPC section 13, which covers certain exceptions with regard to the conclusiveness of a foreign judgment.

Legal Guidelines Issued by Government About Police Encounter Investigations

Legal Guidelines Issued by Government About Police Encounter Investigations

Police encounters are commonly heard of in India and most of us are even aware about many cases that smell fishy as well. Even government as taken notice of some fake encounter cases that have come forward and hence issued certain guidelines that the police department needs to adhere to in order to streamline the whole procedure and for investigation convenience as well.
1. It is mandatory put information regarding any tip off regarding a criminal offense in some form or the other either in writing (case diary preferably) or electronically, by a higher authority. Though, it is not mandatory to reveal all the details about the information like location or suspect.
2. If an encounter occurs post the tip-off or intelligence information, then it is mandatory to file an immediate FIR as per the procedure described under section 158 and forward it to the court under section 157.
3. The police team of another police station or the CID has to investigate the encounter or incident under the supervision of senior officer or atleast an officer of the same cadre to that of the one involved in the encounter. The team will need to collect the following information from site as well.
a. Identify the victim and take color pictures of him/ her. | b. Collect and preserve evidence related material like blood stained clothes, earth, hair, threads, equipment, fibers and more.
b. Identify and collect details of witnesses on site including their name, contact, address and more. Write down their statements or record them on video/ audio. Also, take down the statements of the police personnel involved in the encounter and pictures, video or sketch of the scene. Note down the death time and the whole process of the encounter that resulted in the death of the criminal.
c. Send the untouched finger prints of the deceased for chemical analysis. Also, any other finger prints collected on site have to be sent as well.
d. Evidence like weapons, cartridges, bullets, cartridge cases and more need to be taken into custody and preserved. Gun shot residue tests as well as metal detection traces need to be carried out wherever applicable.
e. It is necessary to note down the cause of death of the deceased, whether it was a suicide, homicide, encounter, natural or accidental death.
f. Two doctors need to conduct the postmortem of the deceased in the district hospital and one of them must be the hospital head or incharge. It is mandatory to cover the process through videography and preserve it.
9. The encounter information needs to be immediately sent to the NHRC or state human rights commission as per the case. Though NHRC need not necessarily get involved unless there is some doubt about the investigation or the encounter’s authenticity.
10. If the victim is injured in the encounter, then immediate medical aid needs to be provided to the victim and his/her statement has to be recorded in front of the medical officer or the magistrate. A medical fitness certificate also needs to be acquired from the officer.
11. In all the cases, where the encounter has resulted into death or deaths, a magisterial inquiry becomes mandatory under section 176 and the report of the it has to be sent to the judicial magistrate under section 190.
12. In case of death, the immediate relative of the criminal/ victim must be informed immediately.
13. In case of death or deaths in an encounter, it is mandatory to send half yearly statements of the cases of police firing to NHRC by the DGP’s. The due date for the statements is set to January and July 14. The format for the statement needs to be as follows and wherever applicable documents of reports have to be attached.
1. Criminal case no.
2. Investigating agency
3. Date/ Place of death
4. Situation resulting to death
a. Self defense | b. unlawful assemble dispersal course | c. affecting arrest course
5. Facts about the incident in brief
6. Report from inquiry by senior officers/ magistrate
7. Information related to
a. Police personnel responsible for the death |b. Information on use of force, lawful action or not.
15. In case if the conclusion report show evidence of a fake or unlawful encounter amounting to offense under the IPC, then disciplinary action against the responsible officer needs to be taken promptly after immediate suspension.

* Disclaimer – Sourced from the internet. Verification required

Clinical Legal Education In India – The Subject

Clinical and Legal Education

Clinical education is all about enhancing your skills. These skills include interviewing, research, interpersonal, reflective practice, problem solving and more. It is all about experiential learning, a process that helps students in application of their theoretical knowledge in real world situations. These sort of regular exercises and sessions build up confidence to apply their knowledge and make the most of the knowledge gained. It is sort of experiencing their future work life early on, thus in a way preparing them to take the upcoming challenges in their stride.

As a part of imparting clinical legal education, simulation classes are also undertaken. Students are all given a certain case study to resolve. It could be a real or unreal one, but the objective is that students take it up as a real life legal problem and try to deliver the best possible solution to it. Other kinds of simulation classes include mediation sessions, mock trials, conciliation sessions, negotiation and client interaction sessions, witness interrogation sessions, legal writing, drafting and relative exercises. All this is apparently virtual, but makes them feel and respond like they are into the real world of legal professionals.

With the balanced blend of theoretical study and practical learning, law graduates are sure to be at par with the international level professionals across the globe. Indeed, the inclusion of it as a compulsory subject should work well for the future of India and future lawyers as well.

source

Why is KLE One of the Best Law Schools in India

 

Arun Jaitley at KLE LAW School in Bangalore

Law as a profession is gaining popularity and no longer bears the stamp of being a legacy profession. There were times this profession was also deemed as a mediocre one, but times have changed and for good. Today, there is a huge influx of students willing to make a career in law. Globalization has brought about a reformation in the field as well, with law schools focusing on designing a legal education curriculum that is a balanced blend of Indian and International Law.

For all the passionate aspirants wanting to take up Law education, the preliminary task that lies ahead is getting into a top class law school after clearing CLAT examinations with good marks. The undergraduate degree course choices offered to them range from three year bachelors degree courses to five year integrated degree courses. Though there are numerous law colleges across the country, choosing the ultimate one requires indepth research backed by a visionary approach. Besides, a lot of other secondary points have to be kept in mind like college and course fees, location and feasibility, to name a few.

When considering the various top ranked colleges, as an aspirant you are sure to come across the name KLE society’s law college. Obviously because, it is one of India’s renowned colleges for pursuing legal education. KLE Society’s law college has been instituted as a nursery and training ground of students seeking quality legal education and is ranked amongst the top 5 law colleges in South India for a while now. Established in the year 1975, KLE’s society Law School has been continuously fostering the future lawyers with indepth knowledge and professional skills in the field of jurisprudence for over 4 decades now.

KLE society’s law academy offers state of the art infrastructure which includes a wide spanning campus with spacious classrooms. The classrooms are fully equipped with interactive teaching tools like LCD’s and more. A well stocked library and e-library providing access to a mammoth research database both online and offline, moot court hall and IT resources for staff makes KLE stand out as a law academy of international standards.

The college also supplements its academic and professional training programs with guest lectures for its students by prominent judges, lawyers of the Supreme court and High Court. The law courses on offer include undergraduate, diploma and certificate programs. KLE’s commitment to excellence in law education has gained it a reputation for delivering excellence in field of academics of Law in India. No wonder, KLE society’s Law College is ranked as the 2nd best private law college in South India by ‘the Week’ and 8th best in India by Career 360. It also holds the recognition of being ranked as the best law college in India for the year 2015 by India today.

So, if you are an aspiring lawyer, KLE society’s Law college is undoubtedly an alternative you consider for a high flying career in Law.

Right To Information Act-One Law For All

In the light of a case wherein a woman by name KR Chitra was denied the right of information on the colleges and universities inspected by every member of the BCI with the date of inspection, the central commission proved that law is equal for all. Precisely, this lady wanted the complete list with the aforesaid details but was not provided with the same by BCI. The reply received from the BCI in the regard said that there were thousands of colleges under the list and hence it would be impossible to furnish the information required. Only specific information about a college or institution if requested could be furnished.

right to information act

The Central commission therefore warned the Bar Council of India for not abiding to the mandatory proactive disclosure clause of RTI act. It mentioned that it was a breach of the RTI rules, that too by a reputed organization like BCI. It further added that Central Commission was apparently surprised by the act, wherein even though the information was available in the database, it was not shared by the BCI. The commission also mentioned that the allotted time of 10 years for fulfilling the obligation was already over.

The Commission also ordered the BCI to provide the 4(1)(b) compliant annual report as needed under section 19(8)(a)(vi). The section 4(1)(b) states that every public authority has to maintain it’s updated information in 17 specified categories and it needs to be posted on their relevant web page besides sharing it on the public domain as well.

The commission added, asking an explanation on the same that why they shouldn’t impose a heavy penalty for such a breach. Thus it is very clear that the law remains the same for one and all, be it the common man or biggie when its about Right to information.

 

K.L.E. Society’s Law College in Bengaluru has been awarded with 6th Rank in the ranking of ‘Top Law schools in India’ and 3rd rank (Southern Region) in the Ranking of Top Law schools by region. GHRDC Hotel Management Institutes & Law School Survey Results 2016

 

source : http://deccanchronicle.com/nation/current-affairs/170416/bar-council-of-india-pulled-up-for-not-following-mandatory-rti-clause.html