The Legal Profession in India
India has the worlds second largest legal profession with more than 600,000 lawyers . The predominant service providers are individual lawyers, small or family based firms . Most of the firms are involved in the issues of domestic law and majority work under country's adversarial litigation system.The conception of legal services as a 'noble profession' rather than services resulted in formulation of stringent and restrictive regulatory machinery. These regulations have been justified on the grounds of public policy and 'dignity of profession'.
The judiciary has reinforced these principles, which can be reflected in words of Justice Krishna Iyer, when he noted, Law is not a trade, not briefs, not merchandise, and so the heaven of commercial competition should not vulgarize the legal profession. However over the years courts have recognized 'Legal Service' as a 'service' rendered to the consumers and have held that lawyers are accountable to the clients in the cases of deficiency of services. In the case of Srinath V. Union of India (AIR 1996 Mad 427) Madras High Court held that, in view of Sec. 3 of Consumer Protection Act, 1986.
Consumer redressal forums have jurisdiction to deal with claims against advocates. Sec. 2 (U) of competition Act, 2002 defines the term 'Service' along the lines of consumer protection Act, 1986. Thus it may be concluded that legal services are becoming subject of trade related laws where consumerism and market forces should be given adequate space .
About Legal Profession
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Law Justice and Common Man: The
Research paper aims at analyzing the vitality and consequences of Rule
of Law and Justice
Indian judicial process & its accountability:
The first question which often comes in one mind after analyzing the
topic is what do you
Wilt Chamberlain Argument of Nozick:
Nozick was a Harvard philosopher He was conservative, some would say
libertarian, in his insistence on the bare minimum amount of government
needed
Expert Opinion: Article is About
sec 45 of Indian evidence act and what is the need for expert evidence
in certain specific fields
Role of Legal Services Authority in Contemporary
Scenario: Every man is born free in the world He inherits
few rights naturally
Power of Indian courts to issue Garnishee Order: The word ‘Garnish’ is derived from an old French word ‘garnir’ which means to warn
Limits Of Judicial Review: Judicial review means the reconsideration of a degree or sentence
Role Of Advocates In Implementation of Legal Aid Schemes: The preamble of the Constitution of India assures justice, social economic and political
Supreme Court is the final Pedestal for justice: the supreme is the final and the highest authority for which a person ca go for appeal into
Legal Education To Meet Challenges Of Globalization: The last century of the last millennium was one of the worst in recorded history for war
Basic Principles on the Role of Lawyers: Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990
Right To Speedy Trial: The constitutional guarantee of speedy trial is an important safeguard to prevent undue and oppressive
Ex Post Facto Laws and Indian Legal Scenario: An ex post facto law (from the Latin for from something done afterward”) or retroactive law
Changing Face Of The Legal Profession In India
In The Era Of Globalization: Globalization must not be viewed from the
restrictive sense as it connotes the process of making global
Violation of UDHR in Criminal Justice System
Man is the most accomplished of all
creatures of our universe He is so immeasurably admirable in his
faculties of thought, action and reason that Shakespeare declares him
Sustainable Development and Indian Judiciary
The concept of 'Sustainable
Development' is not a new concept The doctrine had come to be known as
early as in 1972 in the Stockholm declaration
Do the Judges make or declare law with reference to Hart & Dworkin’s Principle in Indian legal System: the rule-making authority must exercise discretion, and there is no possibility of treating the question raised by the various cases as if there were one uniquely correct answer to be found, as
Supreme Court On Contempt By Advocates: The foundation of the Judiciary is the trust and confidence of the people in its ability to deliver fearless and impartial justice
Judge's burden in Trial at Indian Courts: Indian Civil Procedural Laws and Evidence Laws need to be changed Indian procedural laws are more like civil legal system and requirement of
Judgment v Decree: historically, there was the distinction between judgment and decree Common Law adheres to the judgment while the Equity Court of Law deals with the decree
Problem Of Hostile Witnesses: Given the importance of witnesses in the trial process, any law, aimed at redressing the problem of "hostile witness", should be comprehensive
Amicus Curiae: An Amicus curiae is a friend of the court and are generally those persons who represent the unbiased will and opinion of the society
Examination in chief: It's been said, "A good lawyer turns evidence into fact and fact into truth" Because they bear the burden of proving the case beyond a reasonable doubt
Advocates liability for negligence in criminal cases: Professional liability for negligence is a cryptic branch of the law relating to negligence It exists on a fundamentally different plane
Appeals: The expression appeal has not been defined in the Code of Civil Procedure 1908
Conflict between Interest and Duties of a Lawyer : A lawyer should not appear before any authority of which he is a member in a case against it
Contempt of Court: The Article deals with the Concept of the Contempt of Court from a lay-mans perspective
Judiciary’s Rights Beyond Information: According to our country’s constitutional scheme, the executive; legislature
Independence of Judiciary: The Constitution has tried to insulate the Judiciary from outside influence both from the Executive and
Justice Delayed is Justice Denied: A
sense of confidence in the courts is essential to maintain the fabric
Is Illegality an obsolete concept in International
Law: To go to war for an idea, if the war is aggressive, not
defensive, is
Trial By Media: Sheds light on the
negative as well as the positive aspect of the trial
Selecting Judge: Hurculean Task: The
method by which judges are selected has become a matter of considerable
concern for the citizens of our state.
facts admitted by the party need not be proved:
This section conveys the principle that what is admitted need not be
proved The court has to try the questions on which
Jurisdiction of civil court: The
Jurisdiction of Civil Court may be regulated by the competent
legislature, but there are certain exceptions to this principle
Indian Judiciary on environment vs Development
conflict: In recent times the conflict between
environment and development has become quite intense and the judiciary
in India
HLA Hart’s Theory of Law:
Jurisprudence is a name given to a certain type of investigation into
law, an investigation of an abstract, general and theoretical nature
which
Judiciary system in India: The
Supreme Court of India is the highest court of the land as established
by Part V, Chapter IV of the Constitution of India According to the
Constitution of India
Salem Advocates Bar Association v Union of India:
The present case Salem Advocate Bar Association v Union of India
Breach Of Confidentiality & Various Legal Issues: Confidentiality has been defined as the "ensuring that information is
Judicial Accountability & Separation Of Power: Judiciary Unlimited - an unelected judiciary which is not accountable to anyone except its own temperament has taken over
Justice Without Power Is Inefficient: The concept of justice underlines the basic values that are to be attained by a system of law It is a virtue by which it is ensured that each person
Balance of Power in International Relations: International Relations an equilibrium of power sufficient to discourage or present one nation or prevent one nation from imposing its will on
Democracy of Judicial Remedies: THE DAWN of the modern era of human rights culture was signaled by the Proclamation by the General Assembly of the United Nations of the
Law & Morality- Moore's Concept: Morality has become a complicated issue in the multi-cultural world we live in today Timeless wisdom explains that there cannot be a complete law
Summary Court Marital And The Indian Judiciary: The Indian Army is still following the system of military justice it inherited from the British though the law in the UK has changed to
Legal System: The Universal Declaration of Human Rights which was adopted by the UN General Assembly on 10 Dec, 1948, has been proclaimed as a common standard of achievement
Nemo in propria causa judex, esse debet: Nemo in propria causa judex , esse debet, ie; no one should be made a judge in his own cause It is popularly known as the rule against
Information Retrieval and its Legal Impact on the Society: Lawyers both practitioners and academics can all be thought of as wordsmiths, or rather less kindly as wordmongers
Why Do Prosecution Witnesses Turn Hostile: The most controversial and dilemmatic situation in a judicial process arises when the prosecution witness turn hostile and thus result in the acquittal of
Res Gestae: is an exception to the rule against Hearsay evidence Res gestae is based on the belief that because certain statements are made naturally, spontaneously and without deliberation’
Should Judge be a Hermit: A person who has withdrawn from society and lives a solitary existence; a recluse is the most simple inference that can be drawn Hermit is someone who doesn’t look for answers
International Criminal Court and Universal jurisdiction: Background of the emergence and jurisdiction of the International Criminal Court, assesses its significance, analyses why some governments
Foreign Law Firms In India: The Indian legal profession has, in recent years, undergone a significant change, emerging as highly competitive and ready to move along with the ongoing
You're Lordship: Control Your Emotions: Mr Kode, Judge of Special Court, convicted four of the eight members of the Menon family in 1993 Mumbai blasts, while doing so Mr Kode failed to
The Rules To Be Followed By A Court In Applying Appropriate Law In Cases Having A Foreign Party: Private International Law or Conflict of Laws is that branch of law, private in some states, public in others, regulating all lawsuits involving a foreign law
Concept Of Social Justice And The Poor: The term social justice was first used in 1840 by a Sicilian priest, Luigi Taparelli d'Azeglio, and given prominence by Antonio
Justice Delayed- Justice Denied: Notion as theory of law can be defined as a study based on presupposes or ideal which a men seek for its realization through law, called as Theory of Justice
Theories Of Punishment-A Socio-Legal View:
Each society has its own way of social control for which it frames
certain laws and also mentions the sanctions with them
Iranian Legal System: Iranian legal system, before the Islamic Revolution and also after it, the Constitution and ordinary laws have explicitly emphasized the observance of the
Crimes and Punishments In Iranian Legal System: The legality principle protects individual security by ensuring basic individual liberties against the arbitrary and unwarranted
Tape Recorded Conversation: The phenomenon of tendering tape
recorded conversation before law courts
Secular Courts in
the State of Israel: The
deplorable state of Torah justice in the State of Israel is one of the
most painful problems for religious Jews today.
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