An ebook on professional ethics for Lawyers

Professional Ethics in Legal Profession in India

This book on Professional Ethics in Legal Profession in India can also be called as Model Code of Conduct for lawyers. It is an attempt too reconcile the various precedents and various sources including personal views and rules framed by various bodies. Continue reading “An ebook on professional ethics for Lawyers”

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Ebook on Legal Profession in India

Advocates Act, 1961 with Professional Ethics

eBook, available at Google Play and Kindle Stores.

Law governing legal profession in India.

Advocates Act, 1961 governs the legal profession in India. According to it there are two classes of lawyers entitled to practice law in India i.e. Advocates and Senior Advocates. The Act has provisions for entry into profession as well as discipline and exit from profession. All the three aspects are looked after by the Bar Councils created under the Act which is a body of lawyers themselves. Bar Council also frames the Code of Conduct and Rules of Professional Ethics to be followed by every practicing lawyer. This book contains lucid commentary on all aspects of Advocates Act, 1962. This ebook also contains a specific chapter on Professional Ethics covering material from all over the Globe.

For Android users:

Click here to read Advocates Act and Professional Ethics ebook at Google Play Store

For iPhone, windows and Kindle users:

The book titled “Commentary on Advocates Act, 1961 and Professional Ethics” is also available at Amazon Kindle Store. Check it by clicking the picture below: Continue reading “Ebook on Legal Profession in India”

Law of Ownership and Transfer of Property in India

An ebook on Law of Ownership and Transfer of Property in India.

Property Laws in India

Ownership of property is a matter of fact. For example, I have an immovable property and I can enjoy it till I am interrupted by some one. However in law a person in possession of property is not necessarily its owner. Yet a person in possession too have certain rights. All these aspects of ownership and possession are discussed in this book.

In addition to above there are various other matters. Like Lease of land. Gift of movable and immovable property. Exchange of properties. Mortgage of properties. Rights and duties of all the persons involved in all these transactions. These are other matters covered in this book.
This book deals with each aspect of Transfer of Properties Act, 1882 as applicable in India and also contains relevant leading precedents on most of the subjects which act as examples of the problem.
A unique feature of this ebook is that most of the cases/precedents/judgments referred and relied have relevant para extracted in the ebook with live links to the judgments. No more searching for relevant judgments which are just a click away.
A must for a legal practitioner or a litigant alike.

This ebook is now available at Amazon Kindle as well as Google Books and Google Play Store. Click on the respective link to read free sample.

Law of Limitation in India

Understanding Limitation Act, 1963

Every remedy has a period of limitation within which it can be invoked. The right to seek relief is extinguished after the period of limitation. In India the statute of limitation is called as Limitation Act which was enacted in the year 1963.

Though Act of 1963 is not the exclusive as remedies provided before various Tribunals under different statutes are governed by limitation under that statute yet the principles laid down in the cases decided in respect of Limitation Act would apply to those statutes as well.

This book covers the Limitation Act, 1963 and also the selected leading judgments of Supreme Court of India and Various High Courts of India. Wherever possible live links to judgments are provided.

The ebook is easily comprehensible by lawyers and laymen alike. Do use the feature of search to land at what you are looking for.

Law of limitation at Google Play Store:

For Android phone users and Google Chromebook users the ebook Law of Limitation in India is available here. Or you may click the picture below.

limitation-coverLaw of Limitation at Amazon Kindle:

For others like Kindle readers, IPhone or IPad or MacBook users, the book is available in Amazon Kindle Format as well. Click here or the picture below to land at Amazon Kindle page.

Please buy the book and do write a review or comment here below. Every suggestion is welcome.

Information Technology Act, 2000 as amended in 2008

Cyber Law in India:

Information Technology Act, 2000 is the law governing e-commerce, internet and Cyber laws in India. The only legal commentary on the subject has been thoroughly revised and updated and now it’s 2014 edition is available for sale as Kindle Edition.

About the Kindle eBook on Information Technology Act, 2000:

“Facebook arrests, blocking of web sites etc. wakes up to understand what is the law behind such Government action and if it was justified. The relevant law in India is Information Technology Act, 2000. This kindle book is a legal commentary on the provisions of Information Technology Act, 2000 as enacted by the Parliament of India. This statute primarily governs the law relating to Internet, Digital Communication and other such matters. This statute covers variety of new legal rights and liabilities apart from creating various authorities for enforcement of new rights and liabilities. Certain acts have been defined as offenses which are punishable with fine or imprisonment. This book, apart from the original enacted provisions of the statute also contains legal commentary on virtually every provision to assist the the legal implications of each provision. Commentary also contains reference to existing case law on the subject without confining itself to the courts of India and incorporating judicial precedents from all over the world. Where ever direct case law is not available, an anlogous provision and case law thereon has been dealt with to thoroughly analyze the provisions of this Act. This is a 2014 edition and includes a thorough commentary on the notorious provisions introduced by Amending Act of 2008. “

Scroll below to read extracts from book or click the image to buy:

Section 66-A, is a restriction upon the right of ‘Free Speech’ or ‘Freedom of Speech & Expression’ guaranteed under Article 19(1)(a) of Constitution of India. It curtails the freedom of expression by prohibiting under coercion of penal action, certain kinds of expression. However the restrictions under this provision have to meet the test of reasonableness as specified under article 19(2) Which is as under:

‘Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercises of the right conferred by the said sub-clause in the interest of the sovereignty and integrity of India, the security of the State, friendly relations with foreign, State, public, order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.’

Since, we shall be discussing the cases from around the globe, it may be pointed out that in USA, the freedom of speech is absolute as there is no provision in the constitution similar to article 19(2). However Supreme Court of USA has evolved several tests, one of which is the test of ‘clear and present danger’ which is similar to test of reasonableness provided in article 19(2) but it is not the same. In fact Justice Douglus of USA Supreme Court was of the view that even in USA the ‘Judges sometimes try to read the word “reasonable” into the First Amendment or make the rights it grants subject to reasonable regulation.’1 He also took note of the fact that ‘this limitation is strictly construed; any restriction amounting to an “imposition” which will “operate harshly” on speech or the press will be held invalid.’2

………..

More extracts:

Constitutional Validity u/a 19(1)(a) The restrictions imposed by the s. 66-A have to be tested on the anvil of objects for which it is permissible to impose the restriction u/a. 19(2) of Constitution. These can be summed up as under:

1. Interest of Sovereignty and Integrity of India,
2. Security of State,
3. Friendly relations with foreign State,
4. Public order
5. Decency or morality,
6. Contempt of court
7. Defamation or
8. Incitement to an offence.

All the above subjects are covered by specialized laws which deal with matters ex post facto. Some of above subjects are also covered by other provisions of this Act, itself. It is yet to be seen as to under which of the above 8 objects, s.66-A, seeks to achieve. At best S. 66-A can relate to decency or cyber-stalking but it does not employ these words. It would be appropriate to deal with each clause of section 66-A separately.

Clause (a) deals with an act of ‘Intimidation’ through electronic message while former is covered by IPC. Obviously c. (a) is similar in term with the c. (a) of 127 of U.K. Communications Act, 2003 in so far as word ‘menace’ is concerned. But similarity ends there itself. Obviously this clause relate to an offence of intimidation itself and not an ‘incitement to do an offence’. It may be seen that unless a message falls within one of the 8 categories specified in article 19(2) of Constitution, it would be hit by Article 19(1)(a) of the Constitution. Act of intimidation, unless it is contrary to interest of Sovereignty and Integrity of India or Security of State or Friendly relations with foreign State or in alternative it is accompanied by disturbance of public order or incitement to commit an offence or is contrary to decency or morality or amounts to contempt of court or defamation, mere menacing nature of message is beyond the legislative competence of the Parliament and is unconstitutional, being hit by article 19(1)(a).

Clause (b) starts with the word ‘false’ and thereafter employs a series of words which have different………….

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Law of Maintenance in India

A kindle eBook about Law of Maintenance in India.

Maintenance has a legal connotation in India which includes, Child Support, Spouse Support and Parent Support.

Introduction about the ebook:

Maintenance of dependents, is a pious duty of human beings but in certain circumstances it is also a statutory liability with a corresponding right vested in the dependent, to legally enforce this duty through court of law. 
Entitlement to maintenance is a complex right in India. In certain relationships, the right and corresponding liability is rigid but in other circumstances it is dependent upon the various other factors. The matter is further made complex by various personal laws in respect of citizens belonging to different religions and also a variety of forums. This book of about 800 pages attempts to assimilate all the aspects of this branch of family law, as far as possible.  

To read excerpts from the book, scroll down or to buy, click the image the ebook from amazon.com:

Selected excerpts from the ebook, Law of Maintenance:

Considerations for granting alimony

Maintenance depends upon a gathering together of all the facts of the situation, the amount of free state, the past life of the married parties, and the families, survey of the condition and necessities and rights of the members on a reasonable view of change of circumstances possibly required is the future, regard being of course had to the scale and mode of living, and to the age, habits and class of life of the parties. In short, it is out of a category of circumstances, small in themselves, that a safe and reasonable induction is to be made by a court of law in arriving at a fixed sum.
While fixing permanent alimony and maintenance under Section 25 of the Hindu Marriage Act, 1955, the court is expected to make detailed inquiry and has to take into account not only the income but other properties of the parties, their conduct and other circumstances of the case that the court might consider relevant.

The following principles would appear to be relevant for the purpose:
(1) position and status of the parties;
(2) reasonable want of claimant (towards food, clothing, shelter, medical attendance and treatment, education and the like);
(3) income of the claimant;
(4) income of the opposite party;
(5) number of persons opposite party is obliged to maintain.

Two corollaries may be added here:
(1) In arriving at the income of a party only involuntary deductions like income-tax, provident fund contribution, etc. are to be excluded; and
(2) though under the law opposite party may to be obliged to maintain brother or sister but if that brother or sister having no income is living with the opposite party as member of his family and where either there are no parents or are unable to maintain themselves, the court may in a given circumstance consider the expenses to be incurred on the maintenance of brother or sister by the opposite party.

After all, court cannot be expected to adopt a mechanical approach while interpreting the provisions of law incorporating principles of social justice like Section 24 of the Act.
Where the parents were facing problem of life of such daughter in all matters and ultimately, in the net analysis, the divorced daughter would be left alone, cursed by the society and a burden on herself both, socially and economically. She may or may not have any shelter to live in it and bread to eat. In the instant case, she is illiterate admittedly and that would add insult to injury because she would not be able to earn anything. The remarriage is very difficult, for-fetched proposition in most of the communities amongst Hindus. In view of this, permanent alimony should be substantially a relief to her at least……..

……….No ‘dry and cut’ solution can be found out for measuring the conduct of desertion in terms of reduction in quantum of maintenance. However, when the legislature has introduced an amendment in Section 25 of Hindu Marriage Act, 1955, it cannot be treated as redundant and should be given effect to logically and legally. It was further held ‘Undoubtedly, the wife in the present case deserted the husband, did not reconcile and return to the husband during the pendency of the first litigation of restitution of conjugal rights. She insisted on remaining separately even when a decree for restitution of conjugal rights was passed, and forced the husband to file a petition for dissolution of marriage, and now the marriage has been dissolved, for which she alone is responsible, she cannot persuade this Court for grant of such maintenance which should be enough for maintaining her and also meeting the expenses should be enough for maintaining her, and also meeting the expenses of the medicines. It is self-invited trouble, for which none else but she is responsible. The act of desertion which was done initially and which has been consistently followed by her, in no case can put premium over her conduct.’

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Related articles:
Maintenance to Muslim Woman.