The Delhi High Court issued a string of directions for the purpose of safeguarding the rights extended to undertrial prisoners. Apart from Magistrate and Courts, the directions have also been issued to the District Legal Services Authority (DLSA) to ensure that the undertrials remain informed about their fundamental rights. The directions included not extending the custody of an undertrial prisoner mechanically with respect to Section 167(2) of Code of Criminal Procedure, 1973. Further, the authorities have been directed to ensure that the right of an undertrial to seek default bail is not defeated under any circumstances, including principles of law and legislative mandates. The single-judge bench specifically highlighted the provision under Section 167(2) of CrPC, 1973, and directed that neither the magistrate nor the court is empowered to mechanically extend the period of custody, for the maximum period of 15 days. The bench explained that custody should be extended keeping in mind the 60th, 90th and 120th day of completing the investigation and submitting the charge sheet. However, the same depends upon the nature of offence and applicability of a Special enactment. The bench added that the format of custody warrant shall include a column which would indicate the date on which the default bail had been granted to the undertrial prisoner. Moreover, the bench upheld the obligation of jail authorities to inform the undertrials regarding the date when their right to default bail accrues. The bench took note of this issue in a case wherein a plea had been filed to challenge the Sessions Court order which dismissed petitioner’s revision petition, which had been filed for challenging the dismissal of application of default bail under respective provisions. The post Order of remanding or extending the custody of undertrial a judicial function- Delhi HC appeared first on LexForti . Did

The Supreme Court, while quashing criminal proceedings initiated against a property purchaser, made an observation that frivolous allegations tend to hamper the mechanisms introduced for delivering justice to the victims. The background facts of this case include filing of an FIR against the power of attorney of the complainant and purchaser of the property. The bench examined the FIR and observed that the criminal proceedings had been adopted as a weapon to harass the purchaser. Furthermore, it had been observed that the FIR did not disclose any criminal offence against the party and the relevant part of the charge sheet appeared to be vague. The bench also addressed the powers extended to the High Court and stated that latter ought to examine whether a particular complaint discloses criminal offence; nature of allegation; or essential ingredients of the offence have been present or not. Moreover, it reiterated that powers under Section 482 of Code of Criminal Procedure, 1973 have been designed with an objective to achieve the purpose that no criminal proceedings are initiated which aim at harassing the individuals. The apex court bench allowed the appeal and clarified that there stands no doubt that even civil transactions might have criminal texture, however, it’s the duty of High Court to see whether a dispute of civil nature has been given color of criminal offence or not. The bench quashed the criminal proceedings not just because a civil remedy is available but because neither the FIR nor the charge sheet could make out a criminal case against the appellant. The post Civil dispute when given color criminal offence acts as a weapon of harassment- SC appeared first on LexForti Legal News & Journal. Did you miss our previous article… https://www.itcse.org/?p=217

Virtual law firm status has worked out so well for some firms, they’re making the switch permanent. Should you? Amid the coronavirus pandemic, office workers everywhere have shown that to be productive, all you need is a laptop, a reliable internet connection and a desk. This begs the question: Do people really need to be inside an office all day? While firms are announcing their back-to-the-office plans, you may be wondering if it is possible to move your law office to a virtual setting permanently. And if so, what is the best way to go about it? Virtual Firms Aren’t Always 100% Remote While the term “virtual” law firm may sound like everyone works 100% remotely, it’s not about where you are working. It’s about how you work together and how you deliver your legal services. Your location could be a hybrid of working from home or a coffee shop, and occasionally working from a rented or shared office space. The latter can be especially useful for meeting with clients when you would rather not meet online, or you could rent an office exclusively for ad hoc meetings. Note: While you could meet clients at a public location, I do not recommend that: You would not have a reasonable expectation of privacy during your discussion. Related: “How to Ethically Practice in Place” by Mark C. Palmer Benefits of a Virtual Law Firm A virtual setting can have many benefits. Lower overhead. Whether you have a smaller office space or bypass having one completely, you will not have to spend as much on renting a physical location and all the costs associated with it: utilities, furniture, parking. More flexibility. Bosses love to be bosses in part because they do not have to let anyone know if they are coming in late,

There isn’t enough time to deal with everything your firm needs to do. Here’s how Lawyaw Legal Drafting can help. Each year, the team at Lawyaw talks to thousands of legal professionals who are looking for solutions to the myriad challenges of practicing law in the 21st century. The most common theme from those conversations is that there isn’t enough time in the day to deal with everything that needs to be done. Many of those firms are hoping to use legal technology like document automation to modernize their operations — to adapt current processes to be more efficient so that their teams can do more with existing resources rather than trying to hire their way out of the problem. Even after the rise of remote work and virtual events as buzzwords in legal, it’s still a surprisingly small number of firms that have successfully adopted new technology to solve problems. According to the Future Ready Lawyers Survey released by Wolters Kluwer, only 32% of respondents said their firm was prepared to use technology to be more productive, while 88% are actively implementing new technology to try and catch up. Part of what’s driving the recent spike in adoption is the increasing evidence that modernizing firms are gaining a competitive advantage. The survey found that technology-leading firms were almost 3x more likely to have increased profitability during the past year compared to tech-trailing firms. Why Choose Document Automation? For most law firms, legal documents are the foundation of their practice. From filling and filing court forms on behalf of clients to creating custom legal documents spanning the relationship from the fee agreement to final invoice (and everything in between), drafting legal documents is an essential part of most firms’ daily activities regardless of practice area. In fact, many firms are

The Delhi High Court, while taking a strict stance at the failure of NDMC and municipal authority, reprimanded the illegal hawking, squatting and vending activities in Connaught Place’s No hawking area on the ground that the same violated citizens’ right to clean and healthy environment. In the instant petition, the petitioner sought for directions to the respondent, New Delhi Municipal Corporation (NDMC), in furtherance of permanently stopping the illegal hawking. The bench expressed its displeasure over the uninterrupted practice of hawking in no vending areas and issued a “stern warning” to the officers of municipal corporation and Delhi Police to ensure strict compliance of the Supreme Court schemes and High Court orders. The bench further stated that when it comes to writing letters and maintaining their record, the NDMC authorities appear to be very efficient, however, in case of actually abiding by their obligations with respect to ground work, they’ve failed miserably. For the purpose of issuing directions, the bench relied on the photographs presented by the counsel on behalf of petitioner and the referred High Court precedents. The counsel showed photographs wherein scores of hawkers and vendors were found occupying the public spaces on pavements. The bench observed that the photographs showed lack of concern of Delhi Police officers towards the unauthorized encroachments and their incompetence in ensuring the compliance of their own schemes. Moreover, the bench highlighted that the salaries of employees are paid from time to time but they’ve failed miserably in discharging their duties. The bench added that the situation where garbage is collected and not removed, results in diseases like dengue, which the city of Delhi is currently facing. The post Illegal hawking in No vending areas affects citizens’ Right to Life- Delhi HC appeared first on LexForti Legal News & Journal. Did you miss

As much as we like to believe that if we do everything well, our clients will always love us, it’s just not true. Here are 10 steps to soothe an angry client. You know the scenario. It’s the end of the day. The phone rings and you pick it up, knowing you really shouldn’t. You should just let it go to voicemail, pack up your laptop, and go home. “What the bleep is this?” “What the bleep is this?” are the first words you hear. It’s your angry client. The one for whom you’ve worked like a dog, around the clock, for the past two weeks. It seems this month’s bill has arrived and he’s in flames! Now what? First, Just Breathe. Then Try NOT To: Argue with him about it.Tell him it is someone else’s fault.Ask him to call you back tomorrow.Hang up on him. Sometimes that lawyer training works exactly against you when you are confronted by a client. (Or your spouse, your assistant, a delivery driver, the doctor’s office …) These are not situations to be won or lost. You can claim success when you calm the client and neutralize the conflict. So, after taking that breath, ask yourself what the client wants. You’ve been angry about a service provider’s performance before. What did you want? It’s One or More of a Fairly Standard List: To be listened to.To be treated with respect.To be taken seriously.An immediate response.To make sure it doesn’t happen again.To avoid blame from someone else in your organization. Research has shown that first impressions are made up of 55% visual cues (body language), 38% vocal (tone of voice), and only 7% verbal (words.) One expert estimates that the percentages shift significantly when you communicate over the phone, to 82% vocal and 18% verbal.

The Jammu & Kashmir and Ladakh High Court, while hearing a defamation complaint filed against Editor-in-Chief of Republic TV Arnab Goswami and journalist Aditya Raj Kaul, made an observation that reporting of allegations levied against official duties of public figures does not amount to defamation. The complaint had been filed by Peoples Democratic Party’s (PDP) senior leader, Naeem Akhtar, in the year 2018 wherein it had been alleged that the Republic TV had broadcasted a news segment revolving around Khalid Jahangir’s letter which did not include complainant’s name yet the Editor-in-Chief had intentionally and deliberately mentioned his name while reporting about the same. The letter included allegations of corruption and favoritism, and the complainant alleged that the anchors and journalist of Republic TV repeatedly mentioned his name in connection to the allegations raised in the letter. The bench denied the allegations and stressed upon the duty of press to bring before the viewers’ news of day-to-day events relating to those public figures whose actions affect the public at large. Furthermore, the bench observed that in cases where journalist publishes true report in respect of a public figure and their public functions, which already remain in public domain, it could not be said to be an intentional act to harm the reputation of such public figure. The bench stated that publication of charges which concern public duties of a public figure and have already been recorded in a letter which is also in public domain, would amount to an unreasonable restriction on the freedom of press guaranteed under Article 19(1)(a) of the Constitution of India. It also highlighted that mens rea, a condition precedent to constitute the offence of defamation, had been absent in order to prove the intention or knowledge on part of accused to harm the reputation of complainant.

The Madras High Court, while hearing a Public Interest Litigation (PIL) filed by an NGO, sought for details from government about the vaccination drive being organized for the homeless mentally ill people and also directed the State government to renovate, restore and construct government care camps for such wandering mentally ill persons. The NGO, through the PIL, sought for directions to State Government for the purpose of identifying and vaccinating homeless mentally ill persons. In response to the PIL, the State Government had submitted a status report wherein it mentioned the number of mentally ill persons who had been rescued, identified and rehabilitated at care homes of the government. The government further emphasized on the possibility of such persons being vaccinated. The NGO gave the example of a government care camp which had been constructed at Melpakkam, in accordance to the provisions of the Tamil Nadu Beggary Prevention Act XIII of 1945, with an objective to eliminate beggary and rehabilitate the beggars. However, the NGO submitted that the care home has now been dilapidated. With respect to this finding, the bench directed the State Government to take every possible step to renovate and restore the already constructed homes and invest in new construction projects to rehabilitate the wandering mentally ill persons. The bench further directed the State government to submit a report with respect to total number of mentally persons who’ve not been cared for in the state and ones who’ve been vaccinated. The post Madras HC directs govt to take up the responsibility of vaccinating mentally ill persons appeared first on LexForti Legal News & Journal. Did you miss our previous article… https://www.itcse.org/?p=184

Lawyers with ADD/ADHD may struggle with organization, sustained focus, procrastination and deadlines. Tactics for dealing with common challenges. In my work as a psychologist, most lawyers and law students who talk to me about their attention deficit disorder, or attention deficit hyperactivity disorder, are typically under a fair amount of stress due to their symptoms. Most people see ADD/ADHD as an obstacle to overcome. Those with ADD/ADHD often struggle with organization, sustained focus, procrastination and completing tasks on time. For lawyers, there can be real consequences for missing important legal details, letting a statute of limitations run out or missing a court date. So, viewing ADD/ADHD as an advantage is not how most lawyers usually experience it. Then again, there are many with ADD/ADHD who do see it as an advantage. In fact, some experience the flip side of inattention, namely, the ability to hyper-focus on something that grabs their attention. This can be a great strength if that hyper-focus in directed at important work-related tasks. Whether you are struggling with managing ADD/ADHD symptoms or wearing them as a badge of honor, here are helpful strategies to keep in mind. Strengths and Weaknesses First, it’s important to recognize that every human ability is either a strength or a weakness depending on the demands of the situation. The same ability can be a strength in one situation and a weakness in another. So stop viewing a given ability, or lack thereof, as either an absolute advantage or disadvantage. Is it essential to be tall to play in the NBA? Muggsy Bogues was 5-foot-3 and played there for 14 seasons. The key is to be aware of which situations and tasks are best matched with your abilities. Then, when your professional (or personal) life includes situations or demands that are mismatched with

The Apex Court, while upholding the finding of National Consumer Dispute Redressal Commission, held that a consumer complaint against power distributor is not maintainable for raising an additional bill in case of short-assessment. In the instant case, the consumer earlier approached NCDRC against the demand of power distributor on ground of “deficiency of service.” However, the NCDRC dismissed the complaint on account that there had been no deficiency of service on part of power company and an additional bill had been raised for the purpose of recovery of “escaped assessment.” Aggrieved by the order of NCDRC, the consumer preferred an appeal against the NCDRC’s order. The division bench of the apex court agreed to the finding of NCDRC and observed that there had been no deficiency of service as defined under the Consumer Protection Act, 2019. The Supreme Court bench, while explaining that the raising of additional bill would not amount of deficiency of service, stated that it had been wrongly contended that the multiply factor had not been correct. It further explained that in case licensee discovers in the course of audit that a consumer had been short-billed, then the licensee is authorized to raise a demand. As long as consumer does not dispute the correctness of claim made by the licensee, or short assessment, the former cannot be said to be entitled to claim any deficiency. The bench concluded the order by upholding the impugned order passed by NCDRC and held that it correctly pointed that the case was of “escaped assessment” and not “deficiency of service.” Therefore, it held that the dismissal of complaint had been in order. The post SC upheld NCDRC order on non-maintainability of complaint against power distributor appeared first on LexForti Legal News & Journal. Did you miss our previous article… https://www.itcse.org/?p=175