Tuesday, May 26, 2009

Indigent Person

According to Or 33 of CPC, 1908 , indigent person is that person who is not able to have sufficient legal means to raise the money in order to pay the court fees.....
Here are many case-laws which deals with Indigent person andall the provision related with same
Lady Amphthil Nurses Instn. And Ors. vs Cc And Ors. on 23 January, 2001
Union Bank Of India vs Khader International Construction & Ors on 8 May, 2001
Rabinder Singh vs M. Maheshwar Rao And Anr. [Alongwith Civil ... on 6 August, 1997
M.L. Balaram vs Canara Bank, Overseas Branch, Bangalore And ... on 22 June, 2001
Dilip Kumar Modak vs State Of Tripura And Anr. on 4 July, 2001
Sanjeevayya Nagar Co-Operative House ... vs S. Malla Reddy Alias Parvathalu And Ors. on 29 August, 2005
Parvati vs Ram Chand on 4 September, 1985
Dev vs Chief Secretary, Government Of Kerala on 11 July, 2003
Commissioner Of Wealth-Tax, Bombay City Ii vs Trustees Of The J.P. Pardiwala Charity Trust on 16 February, 1965
Dilshada Bano vs Gh. Nabi on 29 July, 1987
S.Thilagavathi: vs The Presiding Officer on 12 May, 2009
Vedanta Jit Singh Walia vs Shri Subhash Jit Singh Walia & Anr on 21 April, 2009
Krishan Lal vs M/S. Meet Finance on 21 April, 2009
R.Bharathi vs The Secretary To Government on 3 April, 2009
Surjit Singh vs Surinder Kaur Alias Saranjit Kaur And Another on 1 April, 2009
Piara vs M/S Amar Nath Sat Pal Commission Agent on 18 March, 2009
Narain Singh vs Smt. Phulli And Others on 16 March, 2009
Mushtaq Ahmed Mir vs Akash Amin Bhat on 12 March, 2009
Usmatech Textile Engineers Pvt,Ltd vs The Branch Manager on 6 March, 2009
Unknown vs Unknown on 6 March, 2009

Arbitration and conciliation

To get the information about the Bare Act click here . for getting other information regarding Arbitration like reconciliation an any other such information please click here . This site also contain appropriate informaton regarding Barmuda International arbitration and Conciliation Act Click here

Monday, May 25, 2009

Moot Court e-Help

LLB is a professional course, as most universities give practical legal training while teaching the legal theory. Undergraduate courses of law are basically designed to give students the knowledge of the subject. The course includes seminars, tutorial work, moot courts and practical training programmes.
To become a good advocate you need yourself equipped with the good presentation skills. To improve your skills, to become a good advocate, practice is required in presenting your case and arguing which is a big challenge for a developing student at the college level. These skills can be improved by taking part in the Moot Courts at the college level so that your presentation skills and talents in argument shall be screened and you will be in notice of your level in the competition around you. You will then seek an improvement of your position in the competition. The student of law cannot just stick only to the theoretical teaching and hence law institutions host Moot Court Competitions.
The Moot Court is basically an activity that is followed for the betterment of the presentation and argument skills of the students. It helps students equip themselves to the standards of the society. To participate you should have the confidence in you and you should be a generalist i.e. you should analyze the facts of the case in the general point of view in regard to the subject of the case and learn to apply the law to the facts of the case. You should be a specialist in Law dealing that particular subject, and be thorough with the latest case law and interpretation by the Supreme Court and the High Courts to get a better grip over the case or the position of the case.
The Moot court Hall or Room is like a practical room for a student to get accustomed to the atmosphere of the Courts as well as improve his skills in law and advocacy of law. In a Moot court a hypothetical case is given to the students and are allowed to argue the given case. Moot Court helps the students of law in many ways since it is a sort of practical legal training, which helps to build analytical reasoning, legal aptitude, team building skills and above all make them responsive.
How to go about a Moot Court?
The facts of the case need to be jotted (made a note of) down in points.
The words used should be simple and easy understandable. Take the best care of the language used.
Need to have good communication skills to present the case with confidence.
You should give the introduction of the parties with their description and details.
Reasons of the problems and why?
Give a brief of the agreed party.
You should accept your mistakes made at the argument and show your acceptance of the mistakes by pleading the Judge to pardon. You should apologize and correct your mistakes.
Drafting skills are also an important aspect of the Moot Court. You need to present the case with the best language possible and the submissions made by you must be good enough to impress the Moot Court Judge.
Spontaneity should be the first objective while presenting or arguing.
The case mostly will be well balanced and is prepared in such a manner that no side (Applicant/Respondent) is strong. Therefore, a lot of research work is to be done to get better case laws and material that supports your case.
Learning from mistakes.
The students must learn from the mistakes that they make in the moot court and see to it that the mistakes are not to be repeated at any time in future. Of course the more mistakes you make the more you will learn.
Mistakes are meant to learn new things.
Should be well equipped with in law as well as advocacy skills.
The students should be well equipped with the law before taking up the case and your advocacy skills should be good enough to tackle the case and also impress the judge. Books to be referred
Practical experience matters for Professional Excellence and Survival.
The more you are exposed to the practicality of the advocacy skills the better you perform to the standards of the court. You need to participate in as many moot courts as possible to get that very practical experience in dealing any kind of case.
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