Sunday, September 23, 2012

Legal Assistant Recruitment in Jharkhand High Court


JHARKHAND HIGH COURT, RANCHI
ADVERTISEMENT NO. : 02 /2012

Applications are invited from the eligible candidates to fill up the existing vacancies, the vacancies as may occur in future, on temporary basis of the following posts :-

Name of Post: Legal Assistant (Post Code 05)
Pay-Scale: Rs. 9300-34800/- with grade pay of Rs.4600/- (plus other usual allowances as per rule)

Age: The candidates must be above 25 years of age as on the 01.09.2012 but not more than the age of 35 years in case of General Category, 38 years in case of E.B.C(B.C-I) & B.C(B.C-II). Category and 40 years in case of S.C./S.T/PH. Category.
Minimum Qualifications: Law Graduate from any recognized University having the experience of at least three years practice as a Lawyer.

Last Date: The last date for receipt of application is 09.11.2012.

For further details and the Application Format, visit the link below-
http://jharkhandhighcourt.nic.in/recruitment/vacancy_highcourt_20092012.pdf

Sunday, September 16, 2012

Syllabus | Chhattisgarh District Judge (Entry Level) Direct Recruitmen from Bar Exam | Chhattisgarh Higher Judicial Service Exam

CHHATTISGARH DISTRICT JUDGE (ENTRY LEVEL) DIRECT RECRUITMENT from Bar EXAMINATION

The Competitive Examination for Recruitment of District Judge shall consist of:-

Competitive Examination

I- Paper-I Law (Maximum marks 100):

(A) The Code of Civil Procedure, 1908
The Indian Evidence Act, 1872
The Limitation Act, 1963
The Chhattisgarh Accommodation Control Act, 1961
(Maximum marks – 25)

(B) The Code of Criminal Procedure, 1973
The Indian Penal Code, 1860
The Prevention of Corruption Act, 1988
The Chhattisgarh Excise Act, 1915
The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
The Narcotic Drugs And Psychotropic Substances Act, 1985
(Maximum marks – 25)

(C) The Transfer of Property Act, 1882
The Indian Contract Act, 1872
The Specific Relief Act, 1963
The Indian Forest Act, 1927
The Wild Life (Protection) Act, 1972
The Environment (Protection) Act, 1986)
(Maximum marks – 25)
 
(D) Principles of Pleading
Conveyance
The Constitution of India
(Maximum marks – 25)

II- Paper-II Law (Maximum marks 100):

(A) Framing of Issues and writing of Judgment in Civil Cases.
(Maximum marks 40)

(B) Framing of charges and writing of Judgment in Criminal Cases.
(Maximum marks 40)

(C) Translation- (Maximum marks 20)
(i) English to Hindi 10 marks
(ii) Hindi to English 10 marks

Viva Voce 
Viva Voce- 20 marks
[Updated on 22nd May, 2014]

Disclaimer: Author has tried his best to provide syllabus that is true and accurate as of the date of writing; however, all the syllabii on the the present blog should be double checked for their accuracy and current applicability. For details click here.  

Recruitment Notification | Chhattisgarh District Judge (Entry Level) Exam 2012

CHHATTISGARH DISTRICT JUDGE (ENTRY LEVEL) DIRECT RECRUITMENT EXAMINATION 2012
[Adv. No. 02/S & A Cell/2012]

Applications are invited for the post of District Judge (Entry Level) in Chhattisgarh Higher Judicial Service in the pay scale of Rs. 51550-1230- 58930-1380-63070 in the cadre of Higher Judicial Service by direct recruitment from the Bar. Recruitment to these posts and conditions of service shall be governed by the Chhattisgarh Higher Judicial Service (Recruitment and Conditions of Service), Rules 2006
.

Name of Post: District Judge (Entry Level)
Number of Posts: 11
Pay Scale: Rs.
51550-1230- 58930-1380-63070

Minimum Qualification:
Should have atleast seven years in continuous practice as an Advocate on the first day of January, 2012.
Age Limit: 35 years - 45 years on the first day of January, 2012

Address for sending the application :-
Registrar General
High Court of Chhattisgarh
at Bodari, BILASPUR ( C.G.),
Pin - 495220


Last Date for Application: 29/09/2012
Date of Written Examination: 09/12/2012

Get the full details and format of application form at the website of High Court of Chhattisgarh OR visit the link below- 

http://highcourt.cg.gov.in/51c2012advt.pdf

Saturday, September 08, 2012

Legal Recruitment in BCI | Bar Council of India

1– Joint Secretary (Legal and Admn)

Age limit – Not below 25 years and not more than 45 years as on 1.9.2012. There is relaxation of age of 5 years for S. C. /S.T./ O.B.C. candidates.
Qualifications:
(A) LL. B. Degree with at least 50% of marks with practicing experience of minimum of seven years Or
LL.M. with at least 5 years teaching experience in any recognized Law School/College /University or at least 7 years working experience in any Govt. / Corporate or established Law Firm.
(B) The experience and character should be certified by the concerned State Bar Council / Competent authority in case of Advocate or any member of law firm. Moreover, it should be proved that candidate had cleared Rule 40 money (Advocates Welfare Fund of BCI) before December 2011 itself.

2– (Assistant Secretary cum Law Assistant)

Age limit – Not below 20 years and not more than 35 years as on 1.9.2012 There is relaxation of age of 5 years for S. C. /S.T./ O.B.C. candidates.
Qualifications:
(A) LL.B. Degree with a minimum 55% marks and minimum of 4 years and maximum of 6 years experience as an Advocate.
(B) The experience and character should be certified by the concerned State Bar Council / Competent authority in case of Advocate. Moreover, it should be proved that candidate had cleared Rule 40 money (Advocates Welfare Fund of BCI) before December 2011 itself.

3- (Two Law Assistants)

Qualifications: LL.B. Degree from any recognized University with at least 50% marks. No experience is required.

How to Apply: Complete Applications (as per the format which can be downloaded from BCI website ) may be sent along with Fees, copies of relevant certificates and testimonials to “Secretary, Bar Council of India, 21 Rouse Avenue, Institutional Area, New Delhi-110002”

Last Date: 16th September 2012

For more details and Format of Application Form, visit the link below-
http://www.barcouncilofindia.org/wp-content/uploads/2012/09/Vacancies-dated-05.09.2012.docx 
 

Exam Date | AIBE | All India Bar Exam 2012

Friday, September 07, 2012

Exam Pattern | Syllabus | AILET (All India Law Entrance Test) B.A., LL.B. (Hons.)


Pattern of the Test Paper
  • Total Marks: 150
  • Total number of questions: 150
  • Duration of the Examination: 1 hour 30 minutes
Subject areas and marks distribution
  1. English: 35Marks
  2. General Knowledge (Current Affairs, General Science, History, Geography, Economics, Civics): 35Marks
  3. Legal Aptitude: 35 Marks
  4. Reasoning: 35Marks
  5. Elementary Mathematics (Numerical Ability): 10Marks
Source: www.nludelhi.ac.in
[Updated on 03.01.2014]

Disclaimer: Author has tried his best to provide syllabus that is true and accurate as of the date of writing; however, all the syllabii on the the present blog should be double checked for their accuracy and current applicability. For details click here. 

Syllabus | All India Bar Examination (AIBE)

All India Bar Examination (AIBE)

Syllabus of Subjects for Study

Advocates will be required to answer questions from twenty subjects. The subjects are taken from the syllabi prescribed by the Bar Council of India for the three-year and five-year Ll.B. programmes at law schools in India (as set out under Schedule I to the Bar Council of India Rules).


These subjects are divided into two categories. The Examination paper will comprise at least seven (7) questions from each ‘Category I’ subject. The paper will also have twenty-three (23) questions from the ‘Category II’ subjects as a whole. These twenty-three questions will include questions from at least five (5) Category II subjects.

Category I subjects will be tested in Part I of the question paper, and Category II subjects will be tested in Part II of the question paper.

The Category I and Category II subjects are set out below:

Category I (Part I of the Paper)

1. Alternative Dispute Resolution
2. Civil Procedure Code and Limitation Act
3. Constitutional Law
4. Contract Law, including Specific Relief, Special Contracts, and Negotiable Instruments
5. Criminal Law I: The Indian Penal Code
6. Criminal Procedure
7. Drafting, Pleading, and Conveyancing
8. Evidence
9. Jurisprudence
10. Professional Ethics and the Professional Code of Conduct for Advocates
11. Property Law

Category II (Part II of the Paper)

12. Administrative Law
13. Company Law
14. Environmental Law
15. Family Law
16. Human Rights Law
17. Labour and Industrial Law
18. Law of Tort, including Motor Vehicle Accidents, and Consumer Protection Law
19. Principles of Taxation Law
20. Public International Law
 
Disclaimer: Author has tried his best to provide syllabus that is true and accurate as of the date of writing; however, all the syllabii on the the present blog should be double checked for their accuracy and current applicability. For details click here. 

Thursday, September 06, 2012

Welfare of Minor is Paramount Consideration in Custody of Minor

The right of the natural guardian to have the custody of minor U/S 6 is subject to S.13 of the Hindu Minority & Guardianship Act. According to S.13 of the Act the welfare of the minor is of paramount consideration. Condition as mentioned in S.6 of the Act, is under normal circumstances but controlling consideration governing the custody of the children is the welfare of the children and not the right of the parents.

In regard to the custody of minor, the court is bound to take into account the welfare of the minor. Where there is a guardian of minor, who seeks to have the custody of the minor, has a burden on him to show that the welfare of the minor demands that the custody shall be with him in preference to the other guardian of minor. The word "welfare" has the widest amplitude. It is to be understood in its widest sense so as to cover the material & physical well-being, education, health, happiness & moral welfare of the child.

What constitutes the welfare of the minor has to be determined by the court after a careful consideration of the case, as the Act does not lay down any tests or guidelines to determine what is for the welfare of the minor.

The Hindu Minority & Guardianship Act relates to Hindus and a codification of old Hindu Law but this is not a complete code relating to the Hindu Law on minor & guardianship. So for, as matters not covered by this Act are concerned they are regulated by the Guardians & Wards Act, which is common codification for all, in India in this regard. Moreover S.2 of the Hindu Minority & Guardianship Act itself clarifies that the provisions of this Act shall be in addition to, and not, save as herein after expressly provided, in derogation of the Guardians & Wards Act. The provisions of both the Acts are therefore complementary


Eminent Legal Personality | Justice H J Kania

  • Full Name Justice Harilal Jekisundas Kania.
  • Conferred knighthood in 1943 and since then the Hon'ble Sir Harilal Jekisundas Kania.
  • Son of Jekisundas M.
  • Married in 1925 to Kusum daughter of Sir Chunilal Mehta.
  • Did B.A. from Samaldas College, Bhavnagar.
  • Did LL.B. from Government Law College, Bombay.
  • Passed the High Court (O.S.) Examination in 1915.
  • Judge of High Court, Bombay from 1933-1946.
  • Appointed as Acting Chief Justice of the Bombay High Court in 1944 and 1945.
  • Appointed as the Judge of Federal Court on 20 June 1946 to 13 Aug. 1947.
  • Was appointed as the Judge of the Supreme Court of India.
  • Took oath as the Chief Justice of India on 15 Aug. 1947.
  • Became the first Chief Justice of Independent India and Republic of India.
  • Retired on 06 November 1951

Help to Poor Litigants

The constitution of India postulates a society in which social, economic and legal justice is available to all on the basis that they are equal. To enforce the constitutional mandate of equality before the laws, the State has to ensure access to justice, that is to say, that oppornuties for securing justice are not denial to any citizen by reason of economic or other disability. According to new concept, when a poor litigant is compelled to contest the case against a rich person, he should not only be given financial legal aid but the poor downtrodden person should also be furnished aid with advice and assistance in settlement of disputes by negotiation, concilliation, compromise, arbitration or any other means. This could be possible only when we change our outlook and re-orient our thinking process and then the theme of social justice be able to change the fate of the poor litigants.

The Constitution of India furnishes equality before law and equal protection of laws, irrespective of any caste, race, religion, wealth or status.In India, various legal provisions relating to free legal aid are available for the help of poor litigants.

(A) CONSTITUTIONAL: Preamble of the Constitution of India aims at giving justice social, economical and political to every citizen of India. If the fundamental rights, sanctioned wider Articles 14, 19 and 21, provided in favour of the citizens of India are violated, the constitutional remedies are meaningless until and unless the poor litigant is not provided with proper help. 42nd Amendment of the Constitution of India inserted Article 39-A, providing for social justice and free legal aid for the poor litigants. In the same way, Article 51-A was inserted, which enshrines a sacred fundamental duty in the sphere of aid and advice to the poor and downtrodden litigants.

(B) OTHER LAWS:1. There are provisions in the Advocate Act, 1966 , which are helpful for encouraging free legal aid to poor litigants.
2. In the prosecutions under section 302 I.P.C., the poor accused persons are allowed free defence counsels.
3. In Motor Vehicle Act accident claim petition, a poor litigant is entitled to get free legal aid.
4. In the Consumer Protection Act complaint, no Court fee is levied.
5. Order 33 of Civil Procedure Code allows to file the suits by indigent persons without paying any prescribed Court fee.
6. Similar provisions are there for the appeals by indigent/ poor litigants.
7. Order 33 Rule 18 of Civil procedure Code provides that the subject of the provisions of this Order, the Central Government or State Government was empowered to make supplementary provisions providing free legal services to indigent persons.
8. Various States have passed their Legal Aid Rules in this regard for providing the free legal aid, advice and support to poor/ indigent litigants.
9. Some Universities have also shown their interests to implement legal aid scheme.
Great Hope that the State Government, Universities, District Collector, Bar Associations, Social Workers, Political Parties, N.G.O.s and Rich Persons should come forward to help the needy downtrodden litigants in the Courts.

These awareness may make happy to the poor and downtrodden litigants and thus the goal of socio-economic justice may be achieved. 

Money Bill versus Finance Bill

Money Bills are those that are classified under Article 110 (1) of the Constitution of India. Every Money Bill is essentially a financial bill but not every financial bill is a money bill.

Under article 110(1) of the Constitution, a Bill is deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters, namely:
  • (a) the imposition, abolition, remission, alteration or regulation of any tax;
  • (b) the regulation of the borrowing of money or the giving of any guarantee by the Government of India, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of India;
  • (c) the custody of the Consolidated Fund or the Contingency Fund of India, the payment of moneys into or the withdrawal of moneys from any such fund;
  • (d) the appropriation of moneys out of the Consolidated Fund of India;
  • (e) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of India or the increasing of the amount of any such expenditure;
  • (f) the receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or issue of such money or the audit of the accounts of the Union or of a State; or
  • (g) any matter incidental to any of the matters specified in sub-clauses (a) to (f).
Finance Bill is a secret bill introduced in Lok Sabha every year immediately after the presentation of the General Budget to give effect to the financial proposals of the Government of India for the following financial year. Finance Bills are treated as Money Bills as they substantially deal with amendments to various tax laws.

Difference between Money Bill and Financial Bill:
  1. A Money Bill deals solely with matters specified in article 110(1) (a) to (g) of the Constitution, while a Financial Bill does not exclusively deal with all or any of the matters specified in the said article that is to say it contains some other provisions also.
  2. Financial Bills can be divided into two categories. In the first category are Bills which inter-alia contain provisions attracting article 110(1) (a) to (f) of the Constitution. They are categorised as Financial Bills under article 117(1) of the Constitution. Like Money Bills, they can be introduced only in Lok Sabha on the recommendation of the President. However, other restrictions in regard to Money Bills do not apply to this category of Bills.
  3. Financial Bill under article 117(1) of the Constitution can be referred to a Joint Committee of the Houses. In the second category are those Bills which inter-alia contain provisions which would on enactment involve expenditure from the Consolidated Fund of India. Such Bills are categorised as Financial Bills under article 117 (3) of the Constitution. Such Bills can be introduced in either House of Parliament. However, recommendation of the President is essential for consideration of these Bills by either House and unless such recommendation is received, neither House can pass the Bill.

Eminent Legal Personality | Justice M Fatima Beevi

  • Justice M. Fathima Beevi was born on 30.04.1927 at Pathanamthitta (Kerala).
  • Enrolled as an advocate on 14.11.1950.
  • She Appointed as munsif in the Kerala Subordinate Judicial Services in May, 1958.
  • Promoted as the Chief Judicial Magistrate in 1972.
  • Promoted as District and Session Judge in 1974.
  • Appointed as the Judicial member of Income Tax Appealate Tribunal in Jan.,1980.
  • Elevated as the Kerala High Court Judge on 04.08.1983.
  • Became Permanent Judge of High Court of Kerala on 14.03.1984.
  • Elevated as the Supreme Court Judge in 1989.
  • First woman Judge of Supreme Court of India.
  • She retired on 29.04.1992

Wednesday, September 05, 2012

Eminent Legal Personality | Dr L M Singhvi

  • Full Name Dr. Laxmi Mall Singhvi
  • Date of Birth 9 November 1931
  • Founder of Law Day, which is widely observed by the Bench and the Bar in India on November 26th each yearDr. L.M. Singhvi is an eminent jurist
  • Dr. L.M. Singhvi was Member of Lok Sabha (1962-1967) and Rajya Sabha (1998-2004)
  • He is Senior Advocate, Supreme Court of India
  • Educated at and honoured by different universities in India , U.S.A. and U.K.
  • Dr. Singhvi was elected as President of the Supreme Court Bar Association, on more occasions than any other leader of the Bar except the late Mr. M.C. SetalvadHe has been a leading Senior Advocate of the Supreme Court of India
  • He is the Founder President of the Supreme Court Bar Association Trust.
  • He is regarded as one of the foremost constitutional experts in India
  • Dr. Singhvi was associated with and consulted in the drafting of the constitutions of Bangladesh, Nepal and South Africa
  • His book Freedom on Trial has gone through several editions
  • The President of India honoured him with the award of “Padma Bhushan” in January 1998
  • Dr. Singhvi was High Commissioner for India in the United Kingdom
  • Dr. Singhvi was elected to the Indian Parliament (Third Lok Sabha) as an Independent Member for 1962-1967 from the Jodhpur Parliamentary constituency and became known as an outstanding parliamentarian
  • Dr. Singhvi was Advocate General from 1970 to 1977
  • Dr. Singhvi was appointed as a Member of the UNESCO’s Executive Board (2002-2005)
  • Dr. Singhvi is married to Hindi author, Shrimati Kamla Baid

Adoption in Hindus

ADOPTION in the Hindus is covered by The Hindu Adoption and Maintenance Act and after the coming of this Act all adoptions can be made in accordance with this Act. It came into effect from 21st December, 1956.

Prior to this Act motto of adoption is only religional.

It applies to Hindus, Buddhists, Jainas and Sikhs and to any other person who is not a Muslim, Christian, Parsi or Jew by religion.

REQUIREMENTS FOR A VALID ADOPTION:
No adoption can take place unless:

THE PERSON ADOPTING HAS THE CAPACITY / RIGHT TO TAKE CHILD IN ADOPTION (s.6):

CAPACITY OF MALE:
  • Any male Hindu, who is of sound mind and is not a minor, has the capacity to take a son or daughter in adoption. Provided that if he has a wife living, he shall not adopt except with the consent of his wife, unless his wife has completely and finally renounced the world or has ceased to be a Hindu, or has been declared by a court of competent jurisdiction to be of unsound mind
CAPACITY OF FEMALE:
  • Any female Hindu who is of sound mind who is not a minor, and who is not married, or if married, whose marriage has been dissolved or whose husband is dead or has completely and finally renounced the world or has ceased to be a Hindu, or has been declared by a court of competent jurisdiction to be of unsound mind has the capacity to take a son or daughter in adoption.
Where the woman is married it is the husband who has the right to take in adoption with the consent of the wife.

THE PERSON GIVING A CHILD IN ADOPTION HAS THE CAPACITY/ RIGHT TO DO SO (s.9):
No person except the father or mother or guardian of the child shall have the capacity to give the child in adoption.

The father alone if he is alive shall have the right to give in adoption, but such right shall not be exercised except with the consent of the mother unless the mother has completely and finally renounced the world or has ceased to be a Hindu, or has been declared by a court of competent jurisdiction to be of unsound mind.

The mother may give the child in adoption if the father is dead or has completely and finally renounced the world or has ceased to be a Hindu, or has been declared by a court of competent jurisdiction to be of unsound mind.

Where both the father and mother are dead or have completely and finally renounced the world or have abandoned the child or have been declared by a court of competent jurisdiction to be of unsound mind or where the parentage of the child is unknown (s.11{4}) - the guardian of the child may give the child in adoption with the previous permission of the court. The court while granting permission shall be satisfied that the adoption is for the welfare of the child and due consideration will be given to the wishes of the child having regard for the age and understanding of the child .

The court shall be satisfied that no payment or reward in consideration of the adoption except as the court may sanction has been given or taken.

THE PERSON CAN BE ADOPTED (s.10):
  • No person can be adopted unless he or she is a Hindu; he or she has not already been adopted; he or she has not been married, unless there is a custom or usage applicable to the parties which permits persons who are married being taken in adoption; he or she has not completed the age of fifteen years unless there is a custom or usage applicable to the parties which permits persons who have completed the age of fifteen years being taken in adoption.
OTHER CONDITIONS FOR A VALID ADOPTION ARE FULFILLED:
  • if the adoption is of a son, the adoptive father or mother by whom the adoption is made must not have a Hindu son, son's son or son's son's son living at the time of adoption
  • if the adoption is of a daughter, the adoptive father or mother by whom the adoption is made must not have a Hindu daughter or son's daughter living at the time of adoption;
  • if the adoption is by a male and the person to be adopted is a male, the adoptive father is at least twenty one years older than the person to be adopted;
  • if the adoption is by a female and the person to be adopted is a male, the adoptive mother s at least twenty one years older than the person to be adopted;
  • the same child may not be adopted simultaneously by two or more parents;
  • the child to be adopted must be actually given and taken in adoption with an intent to transfer the child from the family of birth.
EFFECT OF ADOPTION:
An adopted child shall be deemed to be the child of his or her adoptive father or mother for all purposes with effect from the date of adoption.

However any property which vested in the adopted child shall continue to vest in such person subject to the obligations if any attached to the ownership of such property including the obligation to maintain relatives in the family of his or her birth.

Similarly the adopted child shall not divest a person of any estate which vested in him or her before adoption.

Subject to any agreement to the contrary, an adoption does not deprive the adoptive father or mother of the power to dispose of his or her property by transfer or will.

 

Child Labour in India

In India, there are several temples of ‘Bal Krishna’, ‘Bal Hanuman’ ie Child God. According to Hindu philosphy, a child is considered to be form of God. India is better known to be the country of Dhruv, Prahlad, Lav-Kush and Abhimanyu, the children having talents wisdom, intelligency and warriership.

Apart from this, present day picture of poor Indian child is very dark. The poor child is the most neglected, most exploited and the most abused. Female child is the most deprived and under privileged of the whole class of such children. The girls are not only withdrawn from schools and forced to indulge in child labour but they are even dragged in the prostitution.

Child labour is violation of human rights and is considered to be a ‘necessary evil’ in a poor country like India. It hampers their normal and natural physical, mental, spritual, intellectual, emotional, moral and social development.

Children are doing work as domestic servants. They are employed in hotels, workshops, service stations, shops, construction sites and pulling rickshaws etc. They are even working in hazardous and unhygienic forms of labour in manufacturing factories.

Article 24 of the Constitution of India, 1950 says, “No child below the age of fourteen years shall be employed to work in any factory or mine or employed in any hazardous employment”.

Indian legislature has also enacted the Factories Act, 1948 , The Children Act, 1960, The Child Labour (Prohibition and Regulation) Act, 1986 etc. for the protection of rights of children. Article 45 of the Constitution of India, 1950 casts duty on the State to pendeavour to provide free and compulsory education to the children. Article 25(2) of the Universal Declaration of Human Rights also states about the special care and assistance for the motherhood and children.

For the past few years, work done by the Government of India and the States Government in this issue is praiseworthy. Many new schemes and policies are introduced for the education and betterment of the children. But, this problem is still in existence in India even though all these policies are available in India.

There may no other opinion that child labour should be restricted and if possible completely vanished. It is a socio-economic national problem, which requires close analysis and practical solutions to meet with this burning question.

 

Money Bill versus Ordinary Bill

Money Bills originate only in the Lok Sabha. If a dispute arises as to whether a Bill is a Money Bill or not, the decision of the Speaker of Lok Sabha is final. Rajya Sabha has no power to reject a Money Bill. It can only make recommendations, ie, suggestions. The Lok Sabha may accept or reject all or any of the recommendations of the Rajya Sabha.

Ordinary Bills can originate in either House. In case of disagreement between the two Houses, the bill is referred to a joint sitting of both the Houses. It seems that the two houses have been placed on an equal footing in this regard. Really speaking, the Rajya Sabha is in a weaker position in this matter. Since the total membership of Rajya Sabha is less than even half of the total strength of the Lok Sabha, the will of the Lok Sabha would naturally prevail at a joint sitting. Moreover, a joint session is presided over by the Speaker of the Lok Sabha. 


Eminent Legal Personality | Justice Ruma Pal

  • Justice Ruma Pal was born on 03 June 1941.
  • Qualifications: BA (Hons), LLB, BCL (Oxford University).
  • She started practicing in 1968.
  • Her area of practice were civil, revenue, labour and constitutional matters in Calcutta High Court.
  • Appointed as justice of Calcutta High Court on 06 August 1990.
  • Appointed as the Supreme Court Judge on 28 January 2000.
  • Justice Pal has delivered many critical judgments in famous cases.
  • She has written on a number of human rights issues.
  • She retired on 03 June 2006

Tuesday, September 04, 2012

LONDON OLYMPICS 2012 | Highlights | Current Affairs


  • The 2012 Summer Olympics, officially the Games of the XXX Olympiad known as London Olympics 2012
  • Held in London, United Kingdom, from 27 July to 12 August 2012
  • London hosted the Olympic games in 1908, 1948 and 2012
  • The Olympic motto is ‘Citius, Altius, Fortius’. This is Latin for ‘Faster, Higher, Stronger’
  • 204 nations, 26 sports, 39 disciplines and 302 events at the Olympic Games in 2012
  • 10500 OLympic atheletes and 7500 Olympic team officials
  • The first event, the group stages in women's football, began two days earlier, on 25 July
  • London was selected as the host city on 6 July 2005 during the 117th IOC Session in Singapore
  • London was the first city to officially host the modern Olympic Games three times
  • The main focus was a new 200-hectare (490-acre) Olympic Park, constructed on a former industrial site at Stratford, East London
  • The opening ceremony, directed by Danny Boyle
  • During the Games, Michael Phelps became the most decorated Olympic athlete of all time, winning his 22nd medal
  • Saudi Arabia, Qatar and Brunei entered female athletes for the first time
  • Women's boxing included first time in Olympic Games
  • Olympic Games became the first at which every sport had female competitors
  • Jamaica's Usain Bolt sensationally defended his title as the fastest man on the planet as he sprinted to glory in an Olympic record time of 9.63 seconds
  • David Lekuta Rudisha of Kenya became the first man to break the 800m world record three times
  • United States of America got 1st rank in medal ranking with a total of 104 medals (46G 29S 29B)
  • People's Republic of China got 2nd rank in medal ranking with a total of 88 medals (38G 27S 23B)
  • Great Britain achieved its highest tally of gold medals since 1908, finishing third in the medal table with a total of 65 medals (29G 17S 19B)
  • India got 55th rank in medal Table with a total of 06 medals (0G 2S 4B)
  • Indian Grappler Sushil Kumar and shooter Vijay Kumar fetched silver medals while five-time world champion M C Mary Kom, ace shuttler Saina Nehwal, shooter Gagan Narang and wrestler Yogeshwar Dutt bagged bronze medals.

Eminent Legal Personality | Justice K Subba Rao

  • Full Name Justice Koka Subba Rao
  • Born on July 15, 1902.
  • His father was a lawyer, died early.
  • His Education B.A., B.L.
  • He was good sportsman and ever helpful to his friends.
  • Practised in Madras High Court, from 1926
  • He joined the office of his father-in-law, P.Venkata Raman Rao Naidu, who was junior of the Andhra Kesari Prakasam Pantulu.
  • When Sri Venkateswara University was established at Tirupati in 1954, Subbarao became its first Chancellor and remained in the position till the University Act was amended restoring the Chancellorship to the Governor.
  • He was recruited as District Munsif and worked for few months in Bapatla, Guntur district.
  • Appointed as Judge, Madras High Court, March 1948 - July 1954
  • Chief Justice, Andhra High Court, Guntur, July 5, 1954 - October 31, 1956
  • Chief Justice Andhra Pradesh High Court, November 1, 1956 - January 1958
  • Appointed as Judge, Supreme Court, since January 31, 1958.
  • Appointed as Chief Justice of India on 30.06.1966.
  • Retired on 11.04.1967.
  • He has contested for the President of India in 1967 as a candidate of united opposition parties.
  • He lost the elections to Zakir Husain.
  • Bangalore University honoured him with Doctorate.
  • He died on May 6, 1976,
  • His judgements are ever remembered whenever the fundamental rights of the citizens are challenged.

Eminent Legal Personality | Justice Sujata V Manohar

  • Full Name Mrs. Justice Sujata Vasant Manohar
  • Date of birth 28th August, 1934
  • Her father Late K.T. Desai was the Chief Justice of Gujarat High Court
  • Educated at Bombay (India), Oxford(UK) and London(UK)
  • Enrolled as an advocate on 14th February, 1958 at Bombay
  • Appointed as Assistant Government Pleader during 1970- 1971
  • Appointed as Additional Judge of Bombay High Court on 23rd January, 1978
  • Appointed as Permanent Judge of Bombay High Court on 28November, 1978
  • Appointed as Chief Justice of Bombay High Court on 15th January, 1994
  • She became the first woman Chief Justice of the Bombay High Court
  • Transferred as Chief Justice of Kerala High Court on 21April, 1994
  • Elevated as the Supreme Court Judge on 8th November, 1994
  • She retired on 27th August, 1999

Lok Sabha versus Rajya Sabha

Money Bills originate only in the Lok Sabha. If a dispute arises as to whether a Bill is a Money Bill or not, the decision of the Speaker of Lok Sabha is final. Rajya Sabha has no power to reject a Money Bill. It can only make recommendations, ie, suggestions. The Lok Sabha may accept or reject all or any of the recommendations of the Rajya Sabha.

Ordinary Bills can originate in either House. In case of disagreement between the two Houses, the bill is referred to a joint sitting of both the Houses. It seems that the two houses have been placed on an equal footing in this regard. Really speaking, the Rajya Sabha is in a weaker position in this matter. Since the total membership of Rajya Sabha is less than even half of the total strength of the Lok Sabha, the will of the Lok Sabha would naturally prevail at a joint sitting. Moreover, a joint session is presided over by the Speaker of the Lok Sabha.

Members of both the Houses can put questions to ministers about the work of their departments. They discuss all matters of public importance. But here again, Lok sabha has more power than the Rajya Sabha. The Council of Ministers is responsible only to Lok Sabha. Rajya Sabha has no power to pass a motion expressing No-Confidence in the Council of Ministers.

Constitution puts Rajya Sabha on an equal footing with Lok Sabha in these matters : the election and impeachment of the President, removal of the Judges of the Supreme Court and the High Courts, proclamation of Emergency, promulgation of Ordinances and Constitutional Amendments.

The fact remains that Rajya Sabha is not at par with Lok Sabha. It does not, however, mean that Rajya Sabha has no important role to play in the governmental machinery. Neither House by itself constitutes Parliament. It is the two Houses together that are the parliament in India. Parliament can create new All India Services only if Rajya Sabha passes a resolution to this effect.

Moreover, Rajya Sabha is a 'Continuing House', a parliament chamber. it is not subject to dissolution like the Lok Sabha. It has to play a major role during the periods when Lok sabha is dissolved. All this helps to show that Rajya Sabha is an influential and useful body. 


Monday, September 03, 2012

Money Bill

What are Money Bills: Money Bills are those that are classified under Article 110 (1) of the Constitution of India. Every Money Bill is essentially a financial bill but not every financial bill is a money bill.

Under article 110(1) of the Constitution, a Bill is deemed to be a Money Bill if it contains only provisions dealing with all or any of the following matters, namely:

  • (a) the imposition, abolition, remission, alteration or regulation of any tax;
  • (b) the regulation of the borrowing of money or the giving of any guarantee by the Government of India, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of India;
  • (c) the custody of the Consolidated Fund or the Contingency Fund of India, the payment of moneys into or the withdrawal of moneys from any such fund;
  • (d) the appropriation of moneys out of the Consolidated Fund of India;
  • (e) the declaring of any expenditure to be expenditure charged on the Consolidated Fund of India or the increasing of the amount of any such expenditure;
  • (f) the receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or issue of such money or the audit of the accounts of the Union or of a State; or
  • (g) any matter incidental to any of the matters specified in sub-clauses (a) to (f).
Procedure for a Money Bill:
  • Money Bills can be introduced only in Lok Sabha (the directly elected 'people's house' of the Indian Parliament).
  • Money bills passed by the Lok Sabha are sent to the Rajya Sabha (the upper house of parliament, elected by the state and territorial legislatures or appointed by the president). The Rajya Sabha may not amend money bills but can recommend amendments. A money bill must be returned to the Lok Sabha within 14 days or the bill is deemed to have passed both houses in the form it was originally passed by the Lok Sabha.
  • When a Money Bill is returned to the Lok Sabha with the recommended amendments of the Rajya Sabha it is open to Lok Sabha to accept or reject any or all of the recommendations.
  • A money bill is deemed to have passed both houses with any recommended amendments the Lok Sabha chooses to accept, (and without any that it chooses to decline).
  • The definition of "Money Bill" is given in the Article 110 of the Constitution of India. A financial bill is not a Money Bill unless it fulfills the requirements of the Article 110.
  • The Speaker of the Lok Sabha certifies if a Finance bill is a Money Bill or not.
Difference between Money Bill and Financial Bill:
  1. Money Bill deals solely with matters specified in article 110(1) (a) to (g) of the Constitution, while a Financial Bill does not exclusively deal with all or any of the matters specified in the said article that is to say it contains some other provisions also.
  2. Financial Bills can be divided into two categories. In the first category are Bills which inter-alia contain provisions attracting article 110(1) (a) to (f) of the Constitution. They are categorised as Financial Bills under article 117(1) of the Constitution.
  3. Like Money Bills, they can be introduced only in Lok Sabha on the recommendation of the President. However, other restrictions in regard to Money Bills do not apply to this category of Bills.
  4. Financial Bill under article 117(1) of the Constitution can be referred to a Joint Committee of the Houses. In the second category are those Bills which inter-alia contain provisions which would on enactment involve expenditure from the Consolidated Fund of India. Such Bills are categorised as Financial Bills under article 117 (3) of the Constitution. Such Bills can be introduced in either House of Parliament. However, recommendation of the President is essential for consideration of these Bills by either House and unless such recommendation is received, neither House can pass the Bill.

CENSUS 2011: Highlights | Current Affairs

  • The census was conducted in two phases.
  • The first houselisting phase began on April 1, 2010 and involved collection of data about all the buildings and census houses. Information for National population register was also collected in the first phase.
  • The second population enumeration phase was conducted from 9 to 28 February 2011 all over the country.
  • The population of India at 0:00 hours of 1 March 2011 was 1,210,193,422.
  • India added 181 million to its population since 2001.
  • India with 2.4% of the world's surface area accounts for 17.5 % of its population.
  • Uttar Pradesh is the most populous state with roughly 200 million people.
  • Any one above age 7 who can read and write in any language with an ability to understand was considered a literate.
  • The literacy rate taking the entire population into account is termed as "crude literacy rate", and taking the population from age 7 and above into account is termed as "effective literacy rate".
  • Effective literacy rate increased to a total of 74.04% with 82.14% of the males and 65.46% of the females being literate.
  • Density of population per km2 382.
  • Sex ratio per 1000 males 940 females.
  • Child Sex ratio (0-6 age group) per 1000 males 914 female.

Important Commissions of India | General Knowledge

  • LAW COMMISSION OF INDIA
  • DELIMITION COMMISSION
  • NATIONAL COMMISSION FOR WOMAN
  • CENTRAL VIGILANCE COMMISSION
  • COMPETITION COMMISSION OF INDIA
  • NATIONAL COMMISSION FOR BACKWARD CLASSES
  • NATIONAL COMMISSION ON POPULATION
  • NATIONAL COMMISSION FOR SCHRDULED CASTES
  • NATIONAL HUMAN RIGHTS COMMISSION
  • PUBLIC GRIEVANCES COMMISSION
  • ELECTION COMMISSION OF INDIA
  • NATIONAL COMMISSION FOR MINORITIES
  • CENSUS COMMISSION OF INDIA
  • CENTRAL WATER COMMISSION
  • MONOPOLIES AND RESTRICTIVE TRADE PRACTICES COMMISSION
  • NATIONAL COMMISSION FOR SCHEDULED TRIBES
  • NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
  • PLANNING COMMISSION
  • SETTLEMENT COMMISSION (IT/WT)
  • UNION PUBLIC SERVICE COMMISSION
  • STAFF SELECTION COMMISSION

Saturday, September 01, 2012

Law Researcher Recruitment in MP High Court

High Court of Madhya Pradesh, has notified the posts of Law Researchers in the High Court of Madhya Pradesh, Jabalpur.

The applications from amongst the candidates who obtained one mark less in Preliminary Examination of Civil Judge Class-2 (Entry Level) and those who are residents of Madhya Pradesh.

Name of Post: Law Researcher
No. of Posts: 2
Nature of Post: Contract Basis
Fixed Pay: Rs. 19,000 per month

Walk-in-Interview: 23.09.2012

For full details and list of candidates, visit the link below-
http://mphighcourt.nic.in/Avt-LawResearch-JOTRI.pdf