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Showing posts from November, 2023

Is free Legal Aid and Advice snatching opportunity for young lawyers?

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Legal advice and support are essential rights that ensure everyone has equal access to justice. It is a mechanism designed to bridge the gap between people who can and cannot afford legal assistance. However, an ongoing discussion exists about whether free legal aid and guidance hampers chances for young attorneys jobs in India . So, we will investigate both sides of the debate, offering insight into how free legal assistance and advice affects the career prospects of young legal professionals. Legal assistance is an essential method for ensuring that justice is not only available to the wealthy. It provides legal representation to individuals who cannot afford it, encouraging fairness and equity in court. The poor and marginalised members of society frequently rely on free legal aid to assert their rights and seek justice. Legal assistance is critical in this regard for sustaining the norms of a just and democratic society. According to one theory, free legal assistance can be both a ...

Mastering the Art of Legal Drafting: A Profound Impact on the Practice of Law

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Legal drafting is an indispensable skill in the field of law irrespective of what post one is, whether it is lawyers, interns, or paralegals. A mastery of legal drafting skills proves one is proficient in his/her legal profession. But is doing mastery in legal drafting so easy or is it too tough? Legal drafting requires a lot of practice together with adequate knowledge and the right direction. Mastering the art of legal drafting can set a person on a path to ace in his/her legal profession. A few key skills that are non-negotiable to acquire a good command of legal drafting. 1. Strong Command on Legal Terminology: Knowing legal terms can build a great foundation for acquiring the skill of legal drafting. It’s just not about knowing the meaning of the terms but also about understanding the use of those terms in an appropriate manner. No matter what law it is, legal terms are crucial to convey the message correctly. 2. Precision and Clarity: Legal documents must not leave room for ambi...

SOCIAL MEDIA LAWS AND THEIR IMPLICATIONS

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With the onset of new emerging realms of communication, social media has been acting as a bridge to the gaps between these lines. With the emergence of new platforms of Social media India is currently on the competitive lines with these the developing ideas of entrepreneurs. With the challenges of complying with new and developing legislations, social media platforms are often in unremitting and unceasing collision with innovations and keeping a check on  cyber crimes in India . The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 is the recent paradigm devised and drafted to make social media platforms more accountable to the concerns about privacy infringement of individuals and organizations. The significant mechanism of these rules is regarding the ‘FIRST ORIGINATOR’ which states that identification of the source of any type of content should be recorded and checked. The emergency powers that have been provided in the rules provide a ...

Scope of Arbitration in Legal Field -Merits & Demerits of Arbitration

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Arbitration is an alternative dispute mechanism, a method of resolving disputes outside the traditional court litigation system. The Law of Arbitration Is governed by the Arbitration and Conciliation Act , of 1996. This act has its origins in the UNCITRAL Model Law,1985 on International Commercial Arbitration and the UNCITRAL Conciliation Rules,1980. Commercial Disputes: Arbitration is frequently used to settle commercial disputes, such as those resulting from contracts, corporate transactions, and international trade. Arbitration clauses are frequently included in contracts to define how disputes will be settled. Construction sector: Arbitration is commonly utilised in the construction sector to resolve disputes including contracts, project delays, flaws, and payment concerns. International Arbitration: In today's globalised commercial environment, cross-border issues must be resolved through international arbitration. International arbitration is facilitated by organisations such...

The Advocates Act of 1961: Upholding Justice and Safeguarding Advocates' Rights

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The role of an advocate in society is indispensable in ensuring justice for those whose fundamental rights have been violated and for parties wronged in various legal matters. Advocates play a pivotal role in the pursuit of justice, utilizing their legal expertise and knowledge to present facts, evidence, and arguments before the courts. This article delves into the Advocates Act of 1961, a legislative framework enacted by the Indian Parliament, which plays a fundamental role in regulating the legal profession, safeguarding the rights of advocates, and upholding justice. Origin of the Act The Advocates Act of 1961 emerged as a crucial legal instrument in India's post-independence era. Following India's independence in 1947, the All India Bar Committee was established in 1953 to oversee and regulate the legal jobs profession . Based on the recommendations made by the All-India Bar Committee, the Indian Parliament enacted both the Advocates Act and the Bar Council of India Ac...

Lok Adalat In India – Access to Justice or Gimmick?

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Lok Adalat is a kind of Alternative Dispute Resolution. It is a mechanism to provide speedy justice in matters that can be settled between the parties. Parties can approach the Lok Adalat on their own or sometimes the Court also refers the cases to the Lok Adalat. However, the question arises whether the Lok Adalat is really that effective in providing easy access to justice or not? According to the data provided on the website of the National Legal Services Authority, the regular Lok Adalats from April 2015 to March 2016 have resolved 1,28,217 cases. The first ever National Lok Adalat was organized on March 9, 2019, in which around 10.19 lakh cases were disposed of in all over the country under the guidance of the National Legal Services Authority. In 2020, the second National Lok Adalat was organized in seven States and two Union Territories on June 25 and June 26, through which more than 20 lakh cases were resolved. On September 9, 2023, the third National Lok Adalat was held throug...

IMPORTANCE OF AI IN LITIGATION

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AI has become an important tool for litigation in recent years due to its ability to streamline and improve various aspects of the legal process with the vast amounts of data involved in litigation, AI help lawyers analyse and assess evidence more efficiently, reducing the time cost associated with manual document review. AI litigation deals with legal disputes involving artificial intelligence. As AI becomes more prevalent in our daily lives, the need to regulate and potential legal issues arising from its use has become increasingly important. AI litigation can include cases such as intellectual property disputes, liability for damages caused by AI, and discrimination stemming from the use of biased algorithms. Given the complexity of AI and the potential legal grey areas, lawyers need to continue to work together to establish legal frameworks that can effectively AI cases. As AI continues to advance and become more ubiquitous, the importance of AI litigation will only continue. AI ...

The Need for Advocate Protection Act in India

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The legal profession plays a pivotal role in upholding the rule of law and ensuring justice in any society. Advocates or lawyers, as officers of the court, are entrusted with the duty of representing the interests of their clients and, in doing so, contributing to the functioning of a fair and just legal system. However, advocates often face various challenges, including threats, harassment, and violence in the course of their duties, like most of the professions in India. To safeguard the interests of the legal fraternity and uphold the principles of justice, there is a compelling need for an Advocate Protection Act in India .  The Current Scenario As of now, India lacks a comprehensive legal framework specifically designed to protect advocates. While the Advocates Act, of 1961, governs the legal profession in India and lays down certain rights and responsibilities of advocates, it does not provide adequate protection against threats and attacks. Advocates across the country face ...

UNRAVELING THE DIGITAL DILEMMA: ISSUES RELATED TO SECTION 66A OF INFORMATION TECHNOLOGY ACT, 2000

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In the digital age, India's legal framework has undergone significant changes with the introduction of the Information Technology Act of 2000. This act has been crucial in shaping the country's legal framework for the digital era. However, one section of the act, Section 66A, has been the subject of controversy and legal challenges. While its intended purpose was to address cyberbullying and online defamation , it has been criticized for infringing on free speech and privacy. This article delves into the complexities surrounding Section 66A, exploring its origins, implications, and broader significance for the digital sphere. Additionally, relevant case laws and legislation will also be examined. Origins and Intentions Section 66A of the Information Technology (IT) Act was introduced to address the emerging challenges posed by the Internet and digital communication. Enacted in 2000 as part of the IT Act's amendments in 2008, Section 66A was seen as a crucial tool to combat ...

Towards a Level Playing Field: Evaluating the 2023 Amendment to the Indian Competition Act

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The Indian competition law carries the crucial responsibility of promoting fair trade, eliminating anti-competitive practices, protecting consumer interests, and ensuring unrestricted commerce within domestic markets. In response to the prevailing economic challenges, the Competition (Amendment) Act of 2023 has been introduced to reshape the Indian competition law landscape. This article delves into the significant changes brought forth by this amendment, particularly focusing on the enhanced authority granted to the Competition Commission of India (CCI) to impose penalties based on the criterion of 'global turnover.' Under this criterion, penalties are determined by considering the total revenue generated from all products and   law job  services provided by individuals or business entities. The article embarks on a comprehensive exploration of the established legal principles surrounding antitrust penalties a...