I VOTE FOR A CAPITAL PUNISHMENT, ARE YOU?

She was a student. She was 23.
She was coming back from a date with her boyfriend.

Her fault: she boarded the wrong bus. And oh yeah, SHE WAS A GIRL!!! Six men raped her one by one. Rammed an iron rod inside her vagina. And left her to die on the road. Naked. Wounded. Exposed. Devastated. What’s more no one even turned to look at her. No one even bothered to throw a shawl on the unclad, ill-fated girl. She can never lead a normal married life again. She has gone into coma five times since 16th December. She is unconscious, critical and hasn’t been able to stop crying. But don’t worry, she wasn’t your sister. She wasn’t your daughter. But she could be. The brutality has to stop right here guys. These people deserve a capital punishment for their heinous, pervert act.

I VOTE FOR A CAPITAL PUNISHMENT!!!
Please join many more for a CANDLE MARCH ON 22ND DECEMBER, AT 5 PM FROM ESPLANADE (INFRONT OF K.C. DAS) TO RABINDRA SADAN METRO. Please show her that you care. Please show her that you all are there for here. Maybe that’s all she will ever have to live by. I didn’t know her. But she is related to me by the universal bond of humanity. From a girl who doesn’t want to face the same fate

 (REQ- PLEASE PEOPLE COPY PASTE IT AS YOUR STATUS AND TELL ANYONE AND EVERYONE YOU KNOW. USE PHONE, BBM, WHATSAPP, FACEBOOK, TEXT MESSAGES. INFORM AS MANY PEOPLE YOU KNOW. DO THIS FOR HER. DO THIS FOR YOURSELF.) - in kolkata SHE NEEDS YOUR SUPPORT, NOT SYMPATHY. P.S: Sometimes we need to wake the govt by taking huge steps since they are all day asleep and even go through a dilemma in these kinda situations. Need ur support.....

Hang Those Bastards....What You Say FRIEND..

According to Delhi Police data, there were 480 reported cases of rape last year and 580 cases of sexual assault this year. Delhi has also seen 10 rapes that have taken place in moving vehicles, in the last 10 years.  

SHAME SHAME......

Arbitration and Conciliation Act

Ø      Meaning

When any dispute arises we generally goes to court ,because of which there is lots and lots of burden to courts, by keeping all this in mind an act was taken into consideration named ADR(Alternate dispute resolution)

Ø      ADR(Alternate dispute resolution) system includes,

§         Arbitration

§         Conciliation

§         Negotiation

§         Mediation

   

Ø      ARBITRATION

Definition

 A method of settling civil disputes by two or more persons by reference to third party called arbitrator instead of going to court.

As per sec 2 (a) of Arbitration and conciliation Act,1996 “Arbitration means any arbitrator appointed specially for the settlement of particular dispute or by some permanent Arbitral Tribunal Institution.

Sec 7 Arbitration agreement

if any dispute arises it must be solved by court but if there is arbitration agreement

“Arbitration Agreement means an agreement by the parties to submit to arbitrator all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship ,whether contractual or not”.

Sec 8 Power Of Judicial Authority to refer parties to Arbitration

If there is arbitration agreement between A and B and dispute arises between them i.e A filed litigation to court against B. here A is wrong on his part because here exist arbitration agreement .

So B can apply to court with application for referring dispute to arbitration.

Sec 9 Matters which may (court can also do) and which may not (only court) be referred to Arbitration

All disputes relating private right which civil court may take cognigance of (knowledge of) may be refered to Arbitration however,

A matter shall not be referred to Arbitration if it is Forbidden by a Statute or is opposed to public policy.

Sec 10 Number of Arbitrator

Party are free to choose number of Arbitrator but the number shall not be even.

eg:2,4,6,8 etc shall not be considered

     3,6,9,11 etc shall be considered.

Sec11 Appointment of Arbitrator

A person with any nationality can be appointed as Arbitrator unless and otherwise agreed by the parties.

Sec 12 Challenge Of Appointment Of Arbitrator

§         If Arbitrator doesn’t possess the qualification what was agreed by parties.

§         If there is doubt regarding the independency of Arbitrator.

         Sec 13 Procedure for challenging the Arbitrator

           Parties can choose whatever procedure they like ,if not agreed by parties          then sec 13 shall apply

      

           Sec 14 Failure or Impossibility to Act

         Cases where mandate given to arbitration is withdrawn

           Arbitrator becomes De jure (as per law) incompetent to Act or Arbitrator become De facto(as per fact) in competent to act or Arbitrator can act but with lots of delay and he himself withdraw or parties terminate .

           Sec 15 substitution Of Arbitrator

         As discussed in sec 14 when Arbitrator is terminated then for some period there is appointed substitute Arbitrator.

           Sec 16 Jurisdiction Of Arbitral Tribunal

        

           Sec 23 to Sec 27 Procedure for Arbitral Proceeding

         Sec 30 Settlement

         if dispute is not yet decided by the Arbitrator then party by themselves can settle the disputes.

           Award

         Decision of the arbitral Tribunal is named as Award.

          Essential of a Valid Award

§         In writing

§         It must be final and give decision on all matters

§         Should be clear and possible to perform

           Sec 31 Forms and contents of Awards

§         In writing

§         Dated and signed by arbitrator

§         Must state place of arbitrator

§         A signed copy must be delivered to each party to the reference

         Sec 31(i) Correction and Interpretation of Award

          Correction can be done within 30 days from the receipt of the award.

          Sec 33(iv) Additional Award

         If arbitrator has not decided all the disputes, In order to getit decided any of the party can make a appeal to the Arbitral tribunal within 30 days from the date of award.

If arbitrator feels it genuine he may decide it within 60 days from the date of receipt.

          Sec 34  Setting aside of an Arbitral Award 

         If you are not satisfied with the award you can challenge the award

         

Conciliation

If there is dispute between A and B , C can find solution for that but C can’t pass order he can only help A and B.

eg: As what usually happen in friends ,after quarrelling we won’t communicate ,but some of our friends (C ) tries to solve all sorts of misunderstanding .

As here C  is conciliator and the process is called conciliation process.

Appointment Of Conciliator

Same as discussed in arbitrator

Role of Conciliator

Provide assistance in independent and impartial manner

Law Relating To Tort

Law relating to tort is an Uncodified (unwritten law), based on various general principles of Law

Tort (in French) means Wrong (English) or Civil Wrong for which no Remedy is provided by Law.

Wrongs are of Two Types:-
Civil Wrong (Private Wrong):- Wrong done to a particular person, for which Remedy is provided by Law.

Criminal Wrong (Public Wrong):- Wrong done to Entire Society. i.e. Tort deal only with that sorts of civil wrong for which there is no remedy in Law means it cant deal with Criminal Wrong or Civil wrong(for which there is remedy in Law).

Examples of Tort:
Passing off: - trespassing someone's property.
Rediff Communication Limited vs Cyberbooth.

General Condition of Law: 
Must be wrongful act or omission on the part of defendant.

Must be wrongful act or omission must result in causing the legal damage to the plaintiff.

Wrongful act or omission must be of such a nature as to give rise to legal remedy.

Legal Damage
Damnum Sine Injuria is not recognized.

Injuria sine damnum is recognized.

Kinds of tortious Liability
Strict Liability (origin of absolute liability) in U.K or absolute liability (in India)

Vicarious Liability.

For more information just go one step on: http://en.wikipedia.org/wiki/Rylands_v_Fletcher

The Legal Owner of India Believe It Or Not

The government placed admission to entertainment or access to amusement services" in the negative list – a new list for which there will be no service tax.

advertisements broadcast by television or radio, however, will be excluded from the negative list. what could hurt is the increase in service tax from 10 per cent to 12 per cent proposed in the budget for 2012-13.

Specially because of big cinema run by ambani's dont know why government has done so. it is useless.
As Earlier Exemption From Service Tax Were:
1}exemption to export
2}exemption to rbi
3}exemption to united nation
4}exemption to foreign diplomatic mission
5}exemption to digital cinema service provider (from this year) as we go through the above exempted list we can see that upto 5 its ok means its give some meaning in exemption ,but why for cinema exemption is needed its because of ambani big cinema .well done p.chidambram and well done ambani nice way to handle india's law in india mostly people like ambani dont go beyond the law they make the law in their favour ..

Still India Rocks

Written by Akhlak Raza

Gordon v. Amica Mutual Insurance Company , 2004 Conn. Super LEXIS 3409 (2004)

This was an arbitration in which the “party arbitrator” system was used (see Chapter 7) and resulted in a procedural impropriety which resulted in the court vacating the arbitration award. The plaintiffs’ home in Glastonbury, which lies on the banks of the Connecticut river, was accidentally flooded in March of 2002. When the parties failed to agree on an appraisal amount for the damages, the appraisal arbitration clause of the insurance policy kicked in. The clause read as follows: “If you and we fail to agree on the amount of the loss…each party will choose a competent appraiser…. The two appraisers will choose an umpire. If they cannot agree upon an umpire within 15 days, . . . The appraisers will separately set the amount of the loss. If they fail to agree, they will submit their differences to the umpire.

A decision agreed to by any two will set the amount of the loss.” Gordon at 2. In the Fall of 2003 the appraisers selected by each party inspected the property but could not agree on the amount of loss. Mr. Martin Woods was then selected by the two appraisers to act as umpire. It is the conduct of the umpire, Woods, which was fatal to the ultimate arbitration award. According to the court, the insurance company’s adjuster spoke with Woods prior to Woods being selected as the umpire, and the fact that this conversation took place was not disclosed until the court case following the arbitration. In addition, Woods conducted his own investigation into the damages, which is not itself extraordinary. The fact that he did not disclose these actions, however, was unusual, as the party appraisers would usually be told by the neutral of any additional investigation undertaken.

The court did not find that Woods was necessarily biased as an umpire, and actually wrote in the decision that this was “a fairly close case.” Gordon at 12. The court did ultimately find, however, that the ex parte conversations were adequate to constitute misconduct such that the award must be set aside, despite the fact that the nature of the conversations themselves were not shown to be prejudicial. The judge in Gordon cited the Connecticut arbitration statute, which closely follows the UAA as discussed in Chapter 7. Conn. Gen. Stat. § 52-418 (2004) (a) (3) orders a court to vacate an arbitration award “if the arbitrators have been guilty of misconduct in… any other action by which the rights of any party have been prejudiced.”

It is this catch-all provision which allowed the judge to hand down the decision in favor of the plaintiff in this case. In reading Gordon, is there enough evidence of “misconduct” on Woods' part to warrant the triggering of the catch-all provision and vacating the arbitration award? The provision does hold that there must be misconduct “by which the rights of any party have been prejudiced.” Were the Gordons’ rights shown to have been prejudiced here, or is it there mere possibility of such, upon which the court relies in its decision?

Information About Ram Jethmalani (Lawyer)

Ram Jethmalani started his career as a professor in Pakistan before partition. He started his own law firm in Karachi with his friend A.K. Brohi who was senior to him by six years. In February 1948, when the riots broke out in Karachi, he fled to India on the advice of his friend Brohi who later turned to be the Law Minister of Pakistan.

Ram Jethmalani first came to spot light with his appearance in the famous K. M. Nanavati vs. State of Maharashtra case in 1959 with Yeshwant Vishnu Chandrachud, later to become Chief Justice of India. His later defence of a string of smugglers in the late 1960s established Jethmalani’s image as a ‘smuggler’s lawyer’. Even back then, he would point out that he was only doing his duty as a lawyer.

In 1953 he became a part-time professor at the Government Law College, Mumbai for both graduate and post graduate studies. He also taught Comparative law at International Law at Wayne State University in Detroit, Michigan.[9] He has also been the Chairman of Bar Council of India for four tenures both before and after the emergency. He was also a member of International Bar Association 1996.

Written By Akhlak Raza