C lient or C onsumer ? A bench comprising of Justices Bela M Trivedi and Pankaj Mittal said the legal profession is Sui generis (unique) where the nature of work is specialized and cannot be compared with other professions on the question of whether the lawyers be sued under Consumer Protection Act. It was held that the success of ‘Professionals’ often depends on factors outside their control and client cannot take legal action against their lawyers by claiming that they did not provide proper ‘Service’ as per The Consumer Protection Act 1986, (CPA). The Supreme Court decision in Indian Medical Association v/s V.P Shantha, 1995, stated that the services by the medical practitioners would fall under CPA. The National Consumer Disputes Redressal ’s (NCDRC) decision in this was held that the Lawyers’ Services fall under the definition provided for the term U/S 2 (O), of The Consumer Protection Act, 1986 (CPA). If there is any deficiency in the service the NCDRC held that
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Showing posts from July, 2024
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Is the Entry of Foreign Lawyers a Boon or a Bane? The Bar Council of India (BCI) is a statutory body governing legal practice in India. BCI has opened up Law practice to Foreign Lawyers and Law Firms. It has framed Rules for Registration of Foreign Lawyers and Law Firms in India, 2022. It would enable the new entry to practice foreign Law, Diverse International Law, and International Arbitration matters in India on the principle of reciprocity in a well defined regulated and control manner. According to the Advocates Act it is only the Advocate who is enrolled with Bar Council can practice in India. Any other person like a litigant can appear in the court only with the permission of the court, authority or person before whom proceedings are pending. The entry of the foreign lawyers and foreign firms will definitely change the landscape of legal practice in India. The Supreme Court of India has interpreted the Advocates Act to allow th
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Is the Unfair Practices Act being Fair Enough??? They say that a single piece of paper cannot decide your future, but it does. Recently, the NEET-UG Examination conducted by National Testing Agency (NTA) for the admission to M.B.B.S, B.D.S, AYUSH and other related courses in the Government and the Private institution across the country was leaked. Posing a very big question as to where the buck should stop. It is very unfortunate that the lives of the youth who are appearing for this exam is in jeopardy. The entire question zero down to various levels including: a. Paper leak, b. Sale and purchase of Papers, c. Cheating as an unfair practice, d. The existence of Paper leak Mafia, e. The role of the authorities who are involved in such scam. At least 48 instances of paper leaks in 16 states over the last five years, in which the process of hiring for government jobs was disrupted. The leaks touched the lives of at least 1.51 crore applicants for about 1.2 lakh posts.
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“ A Book that speaks of itself... ” “ There are greats books hidden in most of us”, and this is a chance for those books to be read by others and finds their spot on the best sellers list . - Ronnie Abergel" T he Human Library is an International Organization and movement that was first stared in 2000, by Ronni and Dany Abergel, Asma Mouna and Cristerofer Erichsen in Copenhagen, Denmark. This event was first held at Roskilde Festival, Copenhagen. The entire concept of Human Library is based on the analogy of lending people rather than books. A Danish NGO Stop Voldel (Stop the Violence) was inspired by the American Stop the Violence Movement. The Human Library is a library of people where readers can borrow human beings serving as open books. In this case both the borrower and the borrowed can have conversations. The borrower in this case is often subjected to Prejudice, Stigma or Discrimination due to their believe system, Social Status, Ethnic