Popular Tags

4 Blogs found.
  • Sep 17, 2019
    Issue related to law. 
    0 0 0 5 0/5
  • Aug 13, 2019
    Legal process outsourcing - LPO simply defines the practice of a law firm of receiving legal support services from legal support services company externally. The practice of offshoring is done when the external firm is based from another country and involves the practice of outsourcing any activity except those where personal presence or contact is required. The practice of outsourcing includes agency work and other services requiring a physical presence, such as court appearances when the LPO provider is based in the same country. Commonly provided services are agency work, legal research document review and writing, drafting of pleadings and briefs,and patent services.   LPO is based on the division of labour principle, prevalent in law firms, where various time consuming and onerous processes like due diligence are delegated to paralegals. Below mentioned are various methods to initiate the process:   Direct Contract – The firm needing legal services directly approaches the legal process outsourcing vendor. Managed Outsourcing –The firm establishes contact with a legal process outsourcing vendor and retains a traditional law firm to coordinate with the vendor's activities to ensure quality control. Required Outsourcing – This form of outsourcing occurs when the firm mandates a certain level of outsourcing in the legal process Multi-sourcing –It involves segregating the work assigned to LPO providers for reducing risk and take advantage of each provider's strengths. On the other hand, multi-sourcing can be more complicated than other services.   LPO is taking a growth in our nation and law firms are opting to shift towards these services too!  
    4 1 0 19 0/5
  • Jun 21, 2019
    Introduction Lok Adalats are the most valuable helping hand for the judicial machinery of India. The data shows that the Lok Adalats have disposed cases in crores in recent past. NALSA along with other Legal Services Institutions conducts Lok Adalats. Lok Adalat is one of the alternative dispute redressal mechanisms, it is a forum where disputes/cases pending in the court of law or at pre-litigation stage are settled/ compromised amicably. Lok Adalats have been given statutory status under the Legal Services Authorities Act, 1987. Under the said Act, the award (decision) made by the Lok Adalats is deemed to be a decree of a civil court and is final and binding on all parties and no appeal against such an award lies before any court of law. If the parties are not satisfied with the award of the Lok Adalat though there is no provision for an appeal against such an award, but they are free to initiate litigation by approaching the court of appropriate jurisdiction by filing a case by following the required procedure, in exercise of their right to litigate. There is no court fee payable when a matter is filed in a Lok Adalat. If a matter pending in the court of law is referred to the Lok Adalat and is settled subsequently, the court fee originally paid in the court on the complaints/petition is also refunded back to the parties. The persons deciding the cases in the Lok Adalats are called the Members of the Lok Adalats, they have the role of statutory conciliators only and do not have any judicial role; therefore they can only persuade the parties to come to a conclusion for settling the dispute outside the court in the Lok Adalat and shall not pressurize or coerce any of the parties to compromise or settle cases or matters either directly or indirectly. The Lok Adalat shall not decide the matter so referred at its own instance, instead the same would be decided on the basis of the compromise or settlement between the parties. The members shall assist the parties in an independent and impartial manner in their attempt to reach amicable settlement of their dispute. Nature of Cases to be Referred to Lok Adalat Any case pending before any court. Any dispute which has not been brought before any court and is likely to be filed before the court. Provided that any matter relating to an offence not compoundable under the law shall not be settled in Lok Adalat. Which Lok Adalat to be Approached As per section 18(1) of the Act, a Lok Adalat shall have jurisdiction to determine and to arrive at a compromise or settlement between the parties to a dispute in respect of - (1) Any case pending before; or (2) Any matter which is falling within the jurisdiction of, and is not brought before, any court for which the Lok Adalat is organised. Provided that the Lok Adalat shall have no jurisdiction in respect of matters relating to divorce or matters relating to an offence not compoundable under any law. How to Get the Case Referred to the Lok Adalat for Settlement (A) Case pending before the court. (B) Any dispute at pre-litigative stage. The State Legal Services Authority or District Legal Services Authority as the case may be on receipt of an application from any one of the parties at a pre-litigation stage may refer such matter to the Lok Adalat for amicable settlement of the dispute for which notice would then be issued to the other party. Levels and Composition of Lok Adalats: At the State Authority Level - The Member Secretary of the State Legal Services Authority organizing the Lok Adalat would constitute benches of the Lok Adalat, each bench comprising of a sitting or retired judge of the High Court or a sitting or retired judicial officer and any one or both of- a member from the legal profession; a social worker engaged in the upliftment of the weaker sections and interested in the implementation of legal services schemes or programmes. At High Court Level - The Secretary of the High Court Legal Services Committee would constitute benches of the Lok Adalat, each bench comprising of a sitting or retired judge of the High Court and any one or both of- a member from the legal profession; a social worker engaged in the upliftment of the weaker sections and interested in the implementation of legal services schemes or programmes. At District Level - The Secretary of the District Legal Services Authority organizing the Lok Adalat would constitute benches of the Lok Adalat, each bench comprising of a sitting or retired judicial officer and any one or both of either a member from the legal profession; and/or a social worker engaged in the upliftment of the weaker sections and interested in the implementation of legal services schemes or programmes or a person engaged in para-legal activities of the area, preferably a woman. At Taluk Level - The Secretary of the Taluk Legal Services Committee organizing the Lok Adalat would constitute benches of the Lok Adalat, each bench comprising of a sitting or retired judicial officer and any one or both of either a member from the legal profession; and/or a social worker engaged in the upliftment of the weaker sections and interested in the implementation of legal services schemes or programmes or a person engaged in para-legal activities of the area, preferably a woman. National Lok Adalat National Level Lok Adalats are held for at regular intervals where on a single day Lok Adalats are held throughout the country, in all the courts right from the Supreme Court till the Taluk Levels wherein cases are disposed off in huge numbers. From February 2015, National Lok Adalats are being held on a specific subject matter every month. Permanent Lok Adalat The other type of Lok Adalat is the Permanent Lok Adalat, organized under Section 22-B of The Legal Services Authorities Act, 1987. Permanent Lok Adalats have been set up as permanent bodies with a Chairman and two members for providing compulsory pre-litigative mechanism for conciliation and settlement of cases relating to Public Utility Services like transport, postal, telegraph etc. Here, even if the parties fail to reach to a settlement, the Permanent Lok Adalat gets jurisdiction to decide the dispute, provided, the dispute does not relate to any offence. Further, the Award of the Permanent Lok Adalat is final and binding on all the parties. The jurisdiction of the Permanent Lok Adalats is upto Rs. Ten Lakhs. Here if the parties fail to reach to a settlement, the Permanent Lok Adalat has the jurisdiction to decide the case. The award of the Permanent Lok Adalat is final and binding upon the parties. The Lok Adalat may conduct the proceedings in such a manner as it considers appropriate, taking into account the circumstances of the case, wishes of the parties like requests to hear oral statements, speedy settlement of dispute etc. Mobile Lok Adalats are also organized in various parts of the country which travel from one location to another to resolve disputes in order to facilitate the resolution of disputes through this mechanism. As on 30.09.2015, more than 15.14 lakhs Lok Adalats have been organized in the country since its inception. More than 8.25 crore cases have been settled by this mechanism so far. In conclusion, lok-adalats are important to resolve disputes and is a very crucial aspect of alternate dispute resolution method. The more number of disputes that are resolved through lok-adalats, the easier it becomes for the judiciary to resolve the challenges that we have with respect to pendency of cases. Looking at all the above benefits of lok-adalats, there is an urgent need for more lok-adalats in India and lok-adalats are the ultimate solution.
    3 0 0 77 0/5
  • Jun 04, 2019
    Trespass Trespass is a physical interference by a person in a property belonging to another person. It could be a tort of trespass when there is a direct interference with the peaceful enjoyment of the land in the form of unlawful entry, unlawful placing of things or inducing dangerous things or animals into the land or it could be a criminal act provided under Section 441 of Indian Penal Code, 1860 which defines ‘criminal trespass’ as ‘Whoever enters into or upon property in possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered and unlawfully remains there.’ Intention is an element as ‘mens rea’ is important for an act to be criminal. Punishment for the same is provided under Section 447, which includes imprisonment for upto 3 months; fine upto Rs. 500 or both.The Supreme Court examined the definition of a ‘trespass’ in 2010 in Laxmi Ram Pawar v. Sitabai Balu Dhotre, in the context of Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971. The Supreme Court was of the opinion that, ‘A trespass is an unlawful interference with one’s person, property or rights. With reference to property, it is wrongful invasion of another’s possession.’A person who unlawfully remains in the property of the other is also liable for ‘trespass by remaining on the land.’ This is when a person lawfully enters into another persons’ property but remains there even after the right ceases to exist.  There is ‘continuing trespass’ as well, which means that trespass by way of personal entry continues as long as the wrong-doer is personally on the land. Or, if he has induced a thing, trespass continues for as long as the thing is removed from the land.   Ingredients It can be gathered that, the essential ingredients of a criminal trespass, therefore are:1.Entry into or upon property in the possession of another;2.If such entry is lawful, then unlawfully remaining upon such property;3.Such entry or unlawful remaining must be with intent to commit offence, annoy or intimidate the person.Also, the property has to be in actual possession of another person. ‘Actual’ means to the exclusion of all other people. It need not necessarily be in the possession of the owner, it could be with the tenant as well. Besides, the entry need not be forceful; it is enough if it is without permission. However, the owner needs to be diligent about a peaceful trespasser who is unaware of the title of the true owner since, if the owner does not assert his title within a prescribed period and trespasser is allowed to have peaceful, continuous possession, he acquires an absolute title over the land. The limitation period provided under Article 65 of the Limitation Act, 1963 for suit for possession of immovable property is twelve years. This was observed by the Supreme Court in Nair Service Society v. K.C. Alexander on the basis of which various propositions with regard to trespasser vis-a-vis a true owner were laid down. Some of the relevant propositions are mentioned below: Unauthorized entry into another’s land will not have the effect of dispossessing the true owner. Such acts will lead to settled possession only when the true owner having knowledge of it, acquiesces When the trespasser is not in settled possession, the rightful owner can re-enter and reinstate himself by removing the obstruction or unauthorized construction by using minimum force. Such action by true owner will be considered as defending his possession. However, if the trespasser is in settled possession and such adverse possession continues for 12 years, the right of the true owner is extinguished. Therefore, if the acts of the person in possession of a property are irreconcilable with the rights of the true owner, such acts of the person in possession would constitute adverse possession/settled possession against true owner. As a consequence, it is always advisable for the owner to approach the court for remedy against any kind of trespass if repeated notices to the trespasser go ineffective. The owner or tenant of the land in possession of the property is entitled to remedies in the form of: (i) Injunction – to restrain trespasser from causing any further damage(ii) Damages – compensation for all the losses you have incurred due to the trespass.   Precautions and Procedure It is important for a person to be primed in order to handle an instance of trespass in their land/property. First and foremost, one has to keep his/her title deeds viz mother deed, conveyance deed, upto date tax paid receipt, khata from the appropriate authority ready. In case of agricultural land, RTC extract (Record of Rights, Tenancy and cultivation) and MR extract (Mutation Register) from concerned Tahasil office and Akarbandh, Tippani copy, and Phodi sketch from the survey department. All the aforesaid documents show that the person has legal title and is the rightful owner and has been in peaceful possession and enjoyment of the subject property.Apart from having all these legal documents in place, in order avoid trespass and to be at a safer side one has to place either compound wall or barbed wire fencing around their property and exhibit his ownership with board stating ‘This property belongs to XYZ, trespassers will be prosecuted. (with phone No.)’ This helps one to declare that he has the undisputed title to the property with no objections from anybody including the trespasser.In spite of all this, if the trespasser enters one’s land repeatedly even upon asking them to leave, or damages his board or compound, then one must go ahead and lodge a police complaint under Section 441 of the Indian Penal Code. You could also plead for interim relief from the court restraining the trespasser from causing any further damage. Interim or temporary relief can be granted at any period of a suit. It is granted if it is proved by affidavit or otherwise, that the subject property is in danger of being wasted, alienated or if defendant threatens to dispose of the property with the intent to defraud creditors.Further, one can also file a suit for declaration of title, as once it is declared that you have the title to the property, the trespasser cannot transfer the property illegally.  It is also impertinent for you to know the particulars of the trespasser and make note of the instances of trespass. Details like the date, time, the number of times the person trespassed along with a photograph or video would add to your benefit. These measures will help you eliminate the trespasser from your property.
    8 0 0 38 0/5