Constitution of India lays doy Sti before law or equal protection of the law Art. 39A of the Constitution provides that the state shall ion of the legal system promotes justice on the basis of equal ni shall in particular provide legal aid by suitable legislation or schemes or in any’ ensure the opportunities for securing justice are not denied to any citizen by economic or other disabilities. In Pursuance of the above mentioned Constitutional provisions, the Legal Services Authorities Act was passed which received the assent of the President on 11th Oct. 1987. Legal Services Act of 1987 constituted Legal Services Authorities, to provide free and competent legal services to the weaker sections of the society & to organise Lok Adalats Legal Services Authorities Under Legal Services Authorities Act 1987, the Central Govt. has constituted a body called the National Legal Services Authority, consisting of Chief Justice of India as Patron-in-Chief and such other members as specified under the Act. (Central Authority) --Legal S.A. Act. 5.3 Central Authority has to discharge various functions including Legal Aid Camps, Lok Adalats Legal Literacy Programs etc. & has to ex power conferred upon it under the Act. For every state, State Legal Services Authority (State Authority) is by that State Govt, to give effect to the policy & directions of the Central $.6.--L. S.A. Act 87 athority with the permission of the State Authority & implements various schemes to pursue the object o Act 1987. Adalats, legal aid camps, legal literacy camp, paralegal training are so) am under the schemeEach Lok Adalat or lok Nyayalay consists of different panels constituted for that day according to the number of cases. Conciliators are the retired judges of any court or tribunal, senior: High Court or Local Bar & also other eminent & experienced persons fro professions. They must be conversant with local language.(S.41- Rules 86) Kinds of cases brought before Lok Adalat All matters of civil nature, criminal (except non compoundable ones) revenue & industrial including matters under all laws may be brought before Nyayalay after due classification. However except the Motor Accident on cases against government, semi govt. bodies, local authorities or undertaking can be brought before the Lok Adalats. a The matters which may be brought before the LokP ‘bringing the cases before Lok Adalat. ae Pre-litigation cases are brought before Lok Nyayalay either by- ive publicity to Lok Nyayalay Programme & thereby inviting to submit themselves to the jurisdiction of Lok Nyayalay. OR Requesting Local Social Organisation & Social workers to persuade the peo _ toapply forsettlement of the disputes to the Lok Nyayalay . OR Requesting Local Officers of Govt, Semi-Govt.,public undertakings & Locs authorities to extend their assistance in detecting & selecting the pre litigation Cases. S. 10(1) - Maha. State Rules 86. Pending cases including Appeals in the District Court may be brought before Lok Adalats either by a party or parties to the litigation. : OR Upon the request made in that behalf, the Advocates themselves may select some cases from their briefs & furnish such a list to the chairman of the commits Upon the receipt of such list committee sends letters to the parties. J OR Suitable cases for settlement may be selected from the file of. ‘apy " with the permission of the Presiding Officer S.10(2) Maha. State Rules 1986. Advocates are not necessary to represent the parties in Lok vy bring their Advocates, if they so choose, with the pern (S. 49-Maha. State Rules 86.)erty Actual working to the Lok Nyayalaya is conducted the guidance & assistance of the Chairman of District committee & Ch concerned Taluka Committee. Separate Panels are constituted for each class of cases & each Panel separate room in the premises. About 20 to 30 cases are alloted to each Conciliation . Litigants and the conciliators sit at the same level. Lok Nyayalaya is public. However in exceptional cases proceedings may be held in camera. Procedure for effecting compromise (working of Lok Adalat) S. 52- Maha. State Rules 1986 The panels of the conciliators try to amicably settle the cas them by negotiations & persuasion, after explaining the legal & factual imp tothe parties. While effecting compromise no force or coercion can be used. — . In cases of pre - litigation cases if the compromise is Parties, immediately it is reduced to writing on the non- value of Rs. 10/- Signatures of both the parties & of twoon the next working day of the Court. Award of Lok Adalat s are deemed to be judicial proceedings & decree ofa Civil Court or order of, Proceeding in Lok Nayalay: award of the Lok Adalat shall be deemed to bea other court or Tribunal. No appeal shall lie to any Court against the award (S 21- Legal Services — Authorities Act 1986.)39 of the Constitution of India. These Para Legal Training Courses (hereinafter called the “Ti in accordance with the Rules made under Maharashtra State P Training Course Rules 1989 (here in after called the Rules 1989). Object of the Training Courses 5.2(1) (m). Rules 89 ‘These Training Courses are organized for promoting legal literacy and. awareness among the weaker section of the community in regard to the benefits and privileges conferred upon them by the social welfare legislation & ota servi AG enactments and for preparing a cadre of social workers for para leg@l organization. Training Courses are organised in different areas in the District periodically by District Legal Aid & Advice Committee with the assistance of the conerned Taluka ‘committee or Legal Aid Clinics established by the Maharashtra State Legal Advice Board, There courses are conducted in association with the L¢ Association, Social Organizations, Social Workers & charitable trusts. Though these courses selected persons from the society are training by the legal experts (senior advocates, Retired Judges of the High Court, Law Professors.) with a view that after they have completed:5, Other persons including student desiring to work voluntarily in the legalaid. se may be o1 Also apart from these persons, training, coul Gramsevaks, employees from police department, school teachers, Nurses ete. with the prior permission from their office. However the persons to be admitted to the Training Course shall fulfill following conditions :- . The person shall bea social worker. He shall be more than 20 years of age i He shall be interested in Legal Aid work w e of the poorand 4, He shall possess aptitude to work for the welfar ackward class people, downtrodden persons in the society including b: women, children etc. 5. He shall have studied at least up to IX std 6. He shall normally bea resident of the concerned District (S. 10M. S. P.L.T. course rules 89.) According to the availability of the candidates (trainees) & the venue, the District Committee has to arrange one or more divisions at a time in one training course Each division consists of not less than 25 & not more then 100 trainees. ba There shall be no fees for admission or tuition in the training course. The entire training course shall be free of charge.(S.20 the rules 1989) _ Organization & Working of Training Course \ i Duration ; Duration of the entire training course is 14 days. Ei : is session of 14 days or of session consisting of two a Ee : or Sun days every week or there are14 sessions « r‘ATrainee who has attended less than 70 periods during the entire Training Course is not allowed to appear for the written and oral examination. oe ‘Written examination is of 100 marks and oral examination is of 25 75 marks are allotted for attendance. The successful trainees are placed in Grades, A, B, C, D, according performance in the examination and are given certificates. Expectations from the Trainees After obtaining the full training in the training course, every trainee is expected towork for promoting legal literacy & creating legal awareness by: 1) Informing the other persons in the area about the availability of free aid, by assisting the needy people, by identifying the cases & sending the parties the nearest Legal Aid Committee for assistance 2) Assisting the Legal Aid Committee & Clinics in O Nyayalayas, Legal Aid Camps, Conferences, Training Courses Seminars & other Legal literacy programmes.: Legal Aid Camps are organised in pursuance of the rules framed by the G ; ‘of Maharashtra in that regard.(The Maharashtra State Legal Aid Camp Rules’ 19 Legal Aid Camps are organised periodically at different places concerned District Legal Aid & Advice Committee (hereinafter called - DISTRICT COMMITTEE) or the Taluka Legal Aid and Advice Committee or the legal clinic as the case may be. | OBJECTS The object of the legal Aid Camp shall be (Legal Aid Camp Rules 1989-S 11) a) To create a strategy for reaching to the poor and taking legal assistance to their door steps : b) To spread legal literacy and : ¢) To give a boost to the legal aid programmers The duration of the entire camps is one day. Working hours of the camps are from 10.00 am to 6.00 pm with a convenient lunch break of one hour. (As far as possible the camp is organized on Sunday or holiday. Marathi language is preferably used in the camps There is no eligibility for attending the camp and is open toall.) The camp is organized with the help of the Local Bar Association, Social Organization, Social workers, Charitable Trusts Education Institution etc. and un the supervision and control of the Board. _ Extensive publicity is given to the Legal Aid Camp by using various n ble forum such as televison, radio, cinema ices New! papers, | nents, during the cinema shows, dramas, tamasha,parties cannot be appointed as the main speakers in the camps. The e Legal Aid Scheme and the other speakers speak on the given subjects or topics rel tolaw(S-19) Also for the purpose of bringing about legal awareness amongst the attending the fist session the literature containing the information regarding Aid Scheme the various acts or schemes are distributed to them, as well as there be display of useful books & publication on the social welfare laws etc. for information of public & for sale at the place of the camp (S.22& 23). Also there may be an exhibition on legal literacy with the help of b pamphlets and leaf-lets on various acts and schemes, notification about the amendments to the important acts & schemes, & judgements of High Supreme Courts in respect of important social laws, pictures depicting and e7 the provisions of important Act & Scheme important articles of personalities on social laws & other important and useful material (S-24). SECOND SESSION OF THE CAMP (Inthe second session these are 3 different booths. One exteii the camp for further action in the n ded in this booth to the persons approaching for old age p ion, widow pension, service pension etc. Each of these booths hz a list of the person assisted by them (S-27). Also there are one or. ng centers consisting of Advocates, to cope up with the application for Advice and they function according to the provisions of the counselling c ____ As far as possible, Govt. and Semi-Govt, Officers, of local bodies and p undertakings have to attend personally the camp. Even if possible the grievance the persons approaching the booths may be redressed by them on the spot and organized of the camp are informed about it accordingly. FINANCE The expenditure required for conducting Legal Aid Camps are made by concerned committee or Clinic from the funds placed at its disposal by the Board for year. However, for providing lunch and snacks and to the guest, office bearers, as well as organizers of the Camp and social workers from the social organizations educational ins Associations etc. may be taken The Legal Aid Camp is conducted under the supervision and control of tlthrough which the client opens up and talks the hi and the lawyer interviews to elicit the position in o “negotiation”. “Legal interviewing and counselling is what lawyers do in an offic its one or two ata time, with the door closed”. Lawyer spend e this activity than in the court room or in the library. “That professional _ intluencing facilitating and implementing choices in the law office - is a working definition for legal interviewing and counselling”. . COUNSELING In professional legal counselling for remuneration through i s ‘contract there is a commitment the client (the counselled person) to open hims help andacommitment in the counsellor lawyer to give priority to the best i st his client, The client is in some sense “hung up” and cannot decide what to do. lawyer has to help resolve his hang up. The lawyer in counseling gives info and choices to decide. But often he is dominating & tends to take the client. id There is another important duty of the lawyer & implicit in t to the interest of the clients the duty to maintain co Qthe best way. 4. The lawyer shall sharpen his comprehensive and communicative s 5. The lawyer shall strive to acquire best interviewing skills and clarity of thoughi. NEGOTIATION Understanding the situation in which the client is put up is absolutely esse in order to counsel. In legal language, we may say, the lawyer has to know the fae the case in order to apply the appropriate law. Negotiations with the client help to the facts of the case. Facts of any case is as important as the legal principles invoh Therefore care shouldbe taken in helping the client to come out with his problem. Negotiations or interviewing the clients shall be conducted ina casual, fi way. The clients should feel comfortable with the atmosphere in the office. They she be comfortably seated. If required privacy should be served to the client. The room shall be filled with safety, security, kindness and help. The following q may be borne in mind while interviewing the clients - 1. Listen with interest 2. Donot frequently interrupt.The organization of simple computer in terms of necessary basic com isknown as Architecture of the computer. The computer is divided into the following fundamental units. Input .Central processing unit... output Device (control unit, ALU Memory ) Device 1.AInput Devices : The Set of instructions or data fed to the computer throu Input devices. The input devices are Keyboard, Mouse ete 2. CPU : The CPU is the main unit of the computer. This is divided in to parts as Control unit, ALU, Memory Unit. The main function of CPU is to proses the given input & send the result to the output device 2 3. Output Device : The output devices used to obtain results of processed in the from of softcopy or hardcopy . Output devices are VDU, Printer Plotter etc. What is Hardware ? All Parts of electrical, mechanical and magnetic components of com_ The following are Internal dos commands. cls, date, time, ver, vol, dir, copy, rename, type, de, md, ed, rd, The chkdsk, format, diskcopy, Dikmap are the example of Dos E commands. USE of Dos Internal commands: CLS ~ Used to clear the screen Date - To Change the System date, Time ~ To change the System time, Ver ~ To display the VERSION NO. OfDos Vol - Todisplay the volume name. - Dir - Todisplay the list of files and directories, - Copy - Tocopy file orfiles. copy con filename - To create a file Type -Tosee the contents of file -To change the name of the file. -Toremove the file. ~To make the directory ~To change the directory ve -To Remove theitem on the Menu bar offers the following options. FILE OPTION WINDOW HELP FILE : Produces a pull down menu of mainly file related tasks such as aN _ Program group, Open, Clipboard move a program item from one pro-; another etc. And the Exit is option used to quit form windows. gro Options: Used to auto arrange icons, etc. Windows : Allows you to display multiple windows on your screen ine: ortile form or arrange icons within an active windows ina predetermined spacing. The option 1-5 on this sub- menu identify the program group in the window environment installed by setup. Help : Activates help windows for help The five default groups installed are. Main group : Contains the window system application File Manager Control Panel Print Manager Clipboard Viewer MS-Dos Prompt Windows setup PIF editor ReadmeTo change display color. Tochange the display and printer fonts. Specify parameters for any serial ports. Mouse: Change the settings of your mouse. Desktoy Change appearance of your display. Printer : Install and configure your printer. International : Specify international settings such as formatting num and dates. Date &time: Change date and time. Sound: Specify whether windows such beep whenit error. Print-Manager : is used to print information et a When you print from windows application his send to the windows print-: Accessories Group : Application for word - processing, drawing, card file, calender etc. Le Games : contains games like Minesweeper, solitaire. Start up : This group having no application loaded in it. You can start windows is the startup group. ‘You can invoke an application you want to work with by using startup . Practical session on windows Start Windows with win command. Using help try diff. options and do Mouse practice. MICROSOFT OFFICE PROFESSIONAL (MS-OFFICE) Microsoft office includes five applications : Word: A full- featured word Processor that you can use to create let memos, reports, newsletters, manuals, and [just about: kind of document. Aspreadsheet that allows you to organize, ang formation on your computer,Word includes Menus for commands like file, save le, Ai in addition to this menus this includes teotearta (atti To start with Word, click the word button in the Ms-office window. Inactive word window you will get standard menu bar, toolbars, rules, status bar, and the insertion point. Microsoft EXCEL: Ts a Spreadsheet program with which you can create columnar reports in a work space called worksheets or spreadsheets. Excel opens anew workbook. A workbook is a multi- page excel doct Each page in the work-book is called a worksheet. Each worksheet is divided in to columns and rows and cells seyACCESS is a fully- featured database organize, find, display and print information What is Database? Adatabase is simply a collection of useful data. Tables are collection of similar data. With access all the tables organize differently but are under a same dat: file. ale d (Access is relational database which means that it allows data that has stored in different places to be linked) With access you can create table, form, report, query, etc. Try the following Practical-1 1. Create anew database file. 2. Create a new table using table wizard, 3. ce students table with any five fields, ise next option, give table name and. ish opti 4, Entre 10 records. a cael 5. Close the table. 6. Now open database and your table, 7. Try go to option & quick sort option. Fi e 8. Close the table._ 1.Openbooks file. 2. Create form for this file. 1. Create a table of bank (accno, customer name, fale 2. Create report. Practical-5 1. Using bank file create query file.‘surprising that lawy¢ : E ferries thc spread of Information Technol time cranches and headaches. logy has made 1 Justice forall InIndia, Spectrum Business Support of Mumbai pioneered an online law da base in 1993 called Grand Juris. In 1996, it began marking India’s first judicial database on a CD-Rom -a database that covered Direct Taxes, Excise and Customs Company Law, Foreign Exchange Regulation, Banking, Insurance, Consumer ~ Protection, Environmental, Protection, Securities and Contracts. The CD is helpful in a variety of ways, For a particular case, you can see the judgements, dates, citations and references made to statutes. Notifications, circulars and trade notices are also included, and hyperlinks enable you to navigate smoothly through related documents. The CD also contains the decisions of the Supreme Cont of India since 1993. A well- Indexed database help you to quickly dig up the case you are looking for. You can also search for a word appearing any where in the text or the title ora citation. You will never again have to thumb through a single dusty book. Keyword- based search is another feature that allows you instant access to records. You can add comments or key -words to identity a case for later reference. The database has been recently updated. JUDIS Another landmark product JUDIS, a comprehensive online case law libt exclusively used by lawyers, judges, experts even ordinary litigants. It contains all eportable judgements of the Supreme Court of India from 1950 and lets you dig UP ___ felevant precedents to a case on virtually any subject that is handled by the n to the full text of the judgement JUDIS also P tion relevant to a case Number. Title, :accompanying instruction manual contains step wie le for easy understanding of the features of the program a , —_ SCC Online is based on material from all leading law reports. Cr other selected provincial and specialized journals are provided. The database has been. Prepared by the experienced staff of the well known la\ supreme court cases (SCC) & SCC Digested. You can subscribe for updates, so yc database is never obsolete. ‘at Search option include Random Search. Topic Wise search & Case search, Results are arranged alphabetically in one line format, and Include refer details such as statute / topic or alphabetically in one line format, & include re details such as statute/ topic, sub- topic or the issue involved. The user can then s andread the case- notes most relevant to him THE E-LAWYER There is a feeling that lawyers are not (or don’t need to be) as te say, engineers or architects, and this is quite unfortunate. In these technology, like ignorance of the law, is no excuse! Tf you balk at attending any professional course in computing or simply do not have 1 can consider online education. Zee Education (ZED) & Spectrum he advertised a basic course in Windows, MS-Office and jurix. This te ata price, but you can lead at your own pace from the co st Computer, the computer training institute ilored to meet the exact req.ee ee 'thave the luxury of employing half a dozen ¢ g with printed text you can use a scanner and OCR( nition) software such as Omnipage, Text Bridge or Fine Read and store them as text files. Most OCR software come with indexing which help in easy classification and retrieval, ; You could also invest in speech recognition software s Naturally Speaking Legal Suit. (See box No More: Stenographers!) NO MORE STENOGRAPHERS! than ever before This technology allows you to dictate text to the eliminating the need for secretaries or shorthand writers Working with VRS practice, and you have to ‘train’ the software to recognize your speech patterns accent by reading out sample texts before you start using it for professionally. If dc well, the software helps you manage your time wisely. Perhaps the most reliable of such software is the Dragon Naturally Legal Suite which was designed with the legal professional in mind. D has a huge vocabulary-including name, case history, Latin Frenel documents and abbreviations lets you dictate naturally and directly into y words are immediately transcribed on to the screen and into your docu quickly create briefs, time and billing record and correspondence, paid to outside services, There in no need to wait hours or oe ry scribed.legal software firms and consul technology solutions. Inspired by the idea of cultivating excellence in the area of legal es Siiaton and aioe, established lawyers in various disciplines of Indian law joined hands to form LAWINC- the online Law Information Center (see screens hot). The site can be accessed at www.lawinc.com. Even the India Ministry of Law and Justice, Department of Legal Affair has a Web page which can be accessed at www.nic.in/lawrmin The number of legal journals (and their digests)publishesd in India is so large that very few lawyers can afford or have the time to consult them all. Laws India have prepared a digest of all the cases where the interpretation of various point If law has been pronounced. You can sign up for the free legal infothrough e-mail in the format Section/ Article / Order / Rule/ Synopsis of Section. You can also send them queries in the same format. The future ) The Internet will continue to be the largest single resource for those in the legal profession, & as_more lawyers enter cyberspace, concrete laws regarding privacy & protection will gradually evove. Litigation often requires massive storage capacity, so efforts will be on finda suitable medium for the archival & retrieval of information Lawyers require the flexibility to be able to instantly access stored information & present it effectively at 3 trial floppies & even Zip drives often prove in adad to the task. atl Asa step towards addressing these problems, litigation support the US have begun to offer DVD (Digital Versatile Disk) services profession. con Based on an internationally agreed upon media e video, documents, images, photos and 1 can store as many as 250.000 di is considered to bea litigation which is intended not for the benefit fo ee rithial bax for the benefit of a class or group of persons, who are either victims of exploitation or oppression or who are denied their constitutional right, but ‘cannot come to the court because of their Ignorance, poverty & destitution Recently, in countries with Anglo- American system of justice, there has emerged a trend to afford relief against maladministration in litigation called PIL brought by any member of the public without questioning his standing. Wherever state action has caused injury to the general public as distinguished from particular individuals, Today the label PIL in the Indian diction includes both representative litigation and litigations by a member of the public protesting pbulic mischief in state action /inaction. Difficulties with the Strict Rule Standing Traditionally only a person whose own right was in jeopardy was entitled to seek a remedy. The court will not hear a party unless he or she has a sufficient stake in the controversy. The principle was that nobody should allowed to in dulge in wild & reckless allegationsbesmirching the character of others. This concept of Locus Standi tuled the courts. With increase in population & poverty ,growth in administrative power. recognition of collective & diffuse rights in groups & communities & widespread illiteracy & ignorance the disadvantages of the strict rule of standing began to show. The following difficulties were realized 1. Litigation could be pursued & remedies could be availed only by those who are conscious of their rights’ 2. The increase in the cost of litigations prevented the poor to approach the courts for aid. Justice was just a distant dream for them. 3. Collective & diffuse rights in groups, classes communities for e.g right of labourers children consumers could not be fought efficiently. a 4. With administrative explosion & expansion of bureaucratic power of misuse of executive power have increased Misuse of power will go member of public is held not to have standing against the govt.S77) on judgment are published in law journal anda : short or detailed research articles. writing such a c g steps: Choosing ajudgment ‘Thorough reading & understanding of the judgment Reading of case laws & other readings referred therein. Digesting& analyzing the ration decided of the judgment. Getting informed about the development of law on that point before the judgmentat hand. 6. Collecting material which the court has overlooked. 7. Deciding on the Comment : Criticism/ Appreciation 8. Writing the case comment in good English in apresentable style. 9, The Comment should be properly referred and the reference cited eitheron the foot of every page orat the end of the write up. 10.The citation should be in proper form. yeep Choice of a Judgment ‘A Judgment of an apex court ro forum (SC, HC, MRTPC, NCDRC) which is unique in some respect may be chosen It may be a deliberate choice after an exercise oran immediate reaction to a judgment on information about it. The judgment must be a recent one. A judgment giving a new interpretation, imposing a new liability conferring a new right or authority taking a retrograde step, a turning point a much awaited decision are the ones which are chosen. Research work Ifis not fair or just to make comment without proper research work. The case has to beread. reread & analyzed. The readings referred by the court in arriving at that decision will have to be assimilated Materials overlooked, relevant law of off Countries, clues international legal principles and parallel developments in o of law will have to be thoroughly checked. 3 ofCommente graph cohesion. The aim should be at presenting it imaginatively with immense informative value and with a certain mé language, vocabulary and usage. , Reference & Citation Citations may be given in the footnote or at the end. The lengthy referei would otherwise disturb the sequence for the reader. Citations of ases, articles books should be given in the proper form. Name of cases should show the fol with citations. For example, “M. C. Mehta Vs. UOL, AIR 1989 SC 316”. Re about articles should be author title of the article and then the citation. For em “Christopher S. Axworthy , “Recent developments in Consumer, Law in Canada , “29 1. C.L. Q. 346 (1980 ) .References about book should exposed the publisher, edition — and year as wall. For example, Friedman W. law in a Changing Society, Columbia — University Press, New York (2nd ed. 1972) In the text, indications by number, letters or symbols should be made for references. if the Commentator relies no some specific sentence, passage or opinion _ from any particular page the citation should refer to that page also for EgM.C. Mehta Vs. UOI, AIR 1987 Sc316 at 331. the views of other when adapted for support, the — authors should be duly acknowledged plagiarism should be avoided. - case Coments of leadihg journals may be read fora Proper appreciation. appendix to this, a case commentis included. “A CRITICAL COMMENT ON THE CASE OF §. GOPAL REDI STATE OF A. P. :1996 CRIL J 3237 : AIR1996 SC 2184” By : Dr. Anjani Kant LL .D. (Luck .) 8A; Kris Chhota Chand Ganj, Pajawa, Nirala Nagar, Li. te z raised the demand from Rs. 50.000 to Rs. Iakh f ed that the said amount be paid before marriage. While nconclusive the data of marriage was fixed. Meanwhile, it , ‘Mr. S. Gopal Reddy had writtwn a lettre to Ms. Vani mabe! iage or to fulfil the demands made by his elders. When the appellants ‘abad, Sti G Narayan Reddy told him about the additi is elde - The appellant told Sri. G . Narayan Reddy that he vould cou al and inform him about it and left For his native place. It is alleged that on his return the village, the first accused asked Sir. G Narayan Reddy to give Rs. 75,000 of Rs 50.000 as agreed upon earlier instead of Rs 1 lakh as demand by the second accused. According to the prosecution case this talk took place in the sence of one N (who was not examined.) The appellant suggested that Sri. G- Narayan Ready should give Rs. 50.000 immediately towards the purchase of car and thebalance of Rs. 25.000 should be paid within one year after the marriage but SriG. Narayan Ready did not accept the suggestion. “Varapuja’ was performed by Sri. G. allegedly handed over tothe appellant, a document purporting to settle a single storey house in the name of Ms. Vani along with a bank passbook showing a cash balance of Rs. 50.881 inthe name of Ns. Vani . It was alleged that on this the appellant flared up saying that the settlement was for a double strayed house and threatened to get the marriage cancelled. The effort of Sri G. Narayan Ready to persuade the appellant failed and ultimately the marriage did not take place. The appellant then returned all the articles that had been given to him at the time of Varapuja Sri G Narayan Ready thereupon sent a complaint to the Director fo National Police Academy where appellant was then undergoing _ ‘training and later filed a report in the concerned police station. During the investigation various letters purport to have been written by the appellant to Ms. Vani Were sent to the handwriting expert who gave his opinion reading the exist _ Similarities between the specimen writing of the first accuses and the disputed w1 but also “no definite opinion can be given on the basis of the present stands ive admitted writing are required for offering definite opi 1996 C 6(SC) Both the appellant and his elder brother were on 420 Indian Penal Code read with Section 4 D: The Hon’ ble Supreme Court defined ‘dowry’ as following : “Tn this Act, dowry means an 'y Property or valuable security given Oragreed to begiven either directly or indirectly, (a) by one pai (6) by the parents of either Party to a marriage or by any other person, to either Party to the marriage or to any other person, at or before or after the marriage as Consideration for the marriage of the sa: ty to a marriage to the other Party to the marriage ; or id parties, but does not include dower or mahr inthe case of persons to whom the Muslit im Personal Law (Shariat Japplies, (1996 Cri. L. J.3237.3240-41(SC)] The above definition of dowry quoted by Hon’ble Supreme Court is obsolete, which has been amended by Dowry Prohibition (Amendment) Acts, 1984& 1986. a The present definition of ‘dowry’ under Section 2 of the Dowry Prohibition Act, i follows: “Tn this Act “Dowry” means any property or valuable security given or tobe given either directly or Indirectly - (a) by one party to marriage to the other party to the marriage ;or (©) by the parents of cither party to a marriage or by any ethan to the marriage or to any other person, at ro before riage) | ‘connection with the marriage of the said i in the case of persons to whom Maisie od ini 4words “in connection with the Tiacaeer ete tu words “as consideration for the marriage “have a1 Jainant does not have to say that the dowry was The words “or any time after the marriage “substituted by A “a are also necessary as the words “or after the marriage could be inter éghort while” just after the marriage ceremony. The Hon’ ble Supreme Court observed that: “To us it appears that the demand of dowry in connection with and consideration for the marriage of the appellant with Ms. Vani was made by th second accused, the elder brother of the appellant & that no such deman established to have been directly made by the appellant. The High Court rightly the second accused guilty of an offence under Section4 of the Act, against which SI (Criminal) No. 2336 of 1990 as earlier noticed stands dismissed by this Court no 21991. The evidence on the record not establish beyond a reasonable dou demand of dowry within the meaning of Section 2r/w Section4 of the Ac by the appellant. may be the appellant was in agreement with his ar to have allowed emotion and sentiments, rather than I orthy evidence. to influence their judgment The evidence lish the case against the appellant beyond a rea entitled to the benefit of doubt. 1996 CriL. J 3237.rupees. Provided that the Court may for adequate and special reasons to for adequate & special reasons to be mentioned in the judgement, Impose a ser of imprisonment for a term of less than six month. It is also to be noted that appellant was not interested to receive the dowry than why he, being a major: to understand the meaning of dowry. could not come forward to oppose his elc brother. There is no evidence in this regard. He should not be Mama’s baby . already been observed by Hon’ble Supreme Court that It is more disturbing & that in most of such reported case it is the woman who plays a pivotal role in the ct against the younger woman, with the husband either acting as a mute spectator e an active paticipent in the crime. In many cases the husband even after marri continues or be Mama’s baby & the umbilical cord appears not to have been cut ev at that stage. A. S. Anand, J; In Kundula Bala Subrahmanyam y. State of A. P. 19 CriL.J1635 .1644-45 (SC). Here, also the opinion of handing expert is worth mentioning who gave opinion regarding the existence of similarities between the specimen writing for first accused & the disputed writing but also said “no definite opinion can be the basis of the present standards. Extensive admitted writing are required fo offering definite opinion. “1996 Cri L. 13237 .3246(SC) But it is not clear why extensive admitted writing were not provide for. definite opinion Even under Section 8-A of the Dowry Prohibition Act the b that he has not committed the offence is on the person being pro abetting the taking of any dowry under Section 3 or the Section4 njournals sponsor law researches & publish e jeunals have a very important role in the development oflaw & lawreform. — Apart from full fledged journals. several law reports have a journal Some journals confine themselves to specific branches of law, for example Law Journal Criminal Law Journal & Consumer Law Journal. Editing alaw joun adifficult an interesting job. Outline information about editing is the focus here. Whatis editing? Editing is very importance for any publication. Editing is both art & a craft. The art lies in knowing which manuscripts are worthy for publication & craft lies in revising & preparing material for publication as promptly as possible & in a form acceptable to readers. Editing is complex, time consuming & often exhausting yet itis absorbing & highly satisfying. Editors require good judgement tempered with imagination & intuition & a wide sound knowledge of the discipline covered in the publication. A firm command of language is definitely a must for every editor. Tact in dealing with authors & commonsense in revising the language of structure of papers are useful. The editors must be capable of managing the numerous practical problems which may crop up in getting the typescripts into print & then into the hands of readers. i are. ee The ability to choose the best work for publication remains a great task & demands elusive talent owing as much to intuition as to a deep knowledge of the _ subject . This talent develops with experience. Editors must define or re- defin aims and scope of the journal & choose articles & other features congruent ¥ aims . There after it has to be decided whether to publish wide variety of restrict to a few. The total number of items under each section will be dec: difference section which are generally seen In law journal are, rn ographs of judges. bute to retiring judges. Law journal have to fulfil three important functions :- {Recognition and publication of original & worthy writing. f 2. Provision of interesting & useful information to readers, 3, Development of the discipline of LAW & improving the LEGAL Selection of work publication Editors may commission’s sponsor review articles & other items. Generally editors have to deal with manuscripts submitted for publication by hopeful a : General Principles of selection will have to be decided. Editors may take the assistance of referees in selection. This main function of referees is to advise editors about (I) suitability of papers for publication. (2) originality of the works (3) quality of works (4) whether works are updated (5) reader friendliness in presentation . The referees also help in suggesting improvements in the "Presentation of papers Referring is time consuming & often trouble: _ aenothighly paid Still many accept the invitation to be referees be invitation as an honor & an opportunity to fulfil their wider ob itely referees get the educational benefits.e should be taken abot cover list ot aia and fortunes on every page. Books essential for editors Encyclopaedia Britannica _ Encyclopaedia Americana Dictionaries - Blacks Law Webster’s Chamber’s Roget’ s Thesaurus of words Rudolf Flesh, the Art of Redouble Writing Authorities on the different subjects in Law Bare Acts Reports of H Cs & S C judgements Computers in the aid of Editing A With the advent of computers at all levels technical editis b etsntive editing work can be done very easily. Error cl easy with software like ‘WordStar, word perfect or pagein order to render quality : tt properly organized. directed and co- ordinated. There is In i management. Management is the specific organ of every modern institutio organ on the performance of which the performance and survival of the depends. “Office management is the organizations or resources in the form of money, materials, machines and methods in such a manner that the office can efficient service”. Personnel - Staffing The office shall, depending upon the type of cases handled and the work load be adequately staffed with advocates, junior advocates, Sterno, clerks and office boys/assistants. if necessary, separate staff may be had to look after the library. Personnel management principles are to be carefully employed to get the best out of these staff Infrastructure Management The law office should be kept clean and properly ventilated and illuminated. The office should have proper equipment of cupboards, shelves, lockers /safes and furniture Comfortable tables and chairs are required for the desk work in the office Typewriters and computers add immense benefit Telephone and electricity are absolutely necessary. postal and messenger services may also be required water facilities and toilet facilities are a must. All these things should be arranged to maximus their benefit to manage space and to improve the ani look of the office. The office atmosphere should keep the clients comfortab Private cabin should also be available in case the clients desire privacy. Purchasing and store keeping of adequate stationery is very important. hamas, stamp papers, case files, dockets, pins gum, pens, pencils, book, diaries should be keptready and handyiB itises, journal reports, bare Acts, Ht jg wasted in searching for them. proper records subscription, receipt and binding of pe ce of Records jganimportant function of every office and undoubtedly a law office. con ion of information proper records orderly arrangement of information = at supply of information at times of need are matters of prime of importance in ary law office Records of different affairs have to be distinctively maintained. E 1)Records of the office regarding telephone electricity building documents furniture library stationer and letters have to be maintained with due care. 2)Records and documented submitted by clients will have to be handled very carefully They have to be safely kept and preserved A register regarding. receipt and return may also be maintained. Law ofbailment imposes on the advocate the duty of reasonable care asa bailor In this regard. 3) Papers and files regarding cases in the courts will have to be keptreadily available. Proper register/diary has to be maintained about the appointment and dates of different cases in different courts Maintenance of proper accounts The money received on behalf of the clients, paid on behalf of the clients and the different amounts received from them on different courts like fees, documentation, typing charges etc. should be properly accounted In dealing with Money on behalf of his clients, an advocate acts as his agent and therefore bound by theduty ofutmost good faith. Maintenance of proper accounts is absolutely necessary Morderto discharge this duty. _Thus management of law of office is the sum total of all these ning to planning the nature of cases to handle securing men, materials & ed for realizing the plan, putting all of them into effective operation & c intly their performance to provide satisfaction to the men engag' to the benefit of the client society.}) Connor, Editing Scientific book and journals. 5) B.N. Ahuja, The theory and practice of Journalism. 6) Thomas L Shaffer, Legal Interviewing and Caunselling. 7) Marudhar Mridul,Public Interest Litigation- a Profile. 8) Durga Das Basu, Administrative Law. 9) Dr. H.N. Tewari, Legal Research Methodology.ce means oral examination, the objective of which is nt reading for a particular subject has been equipped ves of the said subject. It helps the students to establish a the subject matter. The students can elicit more information about the a s of acquiring the knowledge of concerned subject. 1 For this topic the following chapters are covered, y Lok Adalat. 2) Pare Jegal training. F 3) Legal Aid. 4) Concealing. 5) Application of Computer in legal work. 6) Public Interest Litigation. 7) Legal Research. 8) Case Study. 9) Editing of Law Journal. 10) Law office management. The following are the suggested Questions of Viva Voce Examinations. 1) What is the object of Legal Service Authorities Act. 1987 ? 2) In State of Maharashtra how legal service authority is Constituted ? 3) What are the programmers under the scheme of state Legal Service ? 4) What is the object of Lok Adalat or Lok Nyayalay. 5) State the jurisdictions of the Lok Adalat. 6) What are kind of cases that are brought before the Lok Adalat ? 7) Can an appeal lie against an award of Lok Adalat ? 8) Are Advocates Permitted in the proceedings of Lok Adalat ? What do you mean by Para- legal training ? 4 Which Categorize of personals are eligible for pare legal training ? \) What is the object of para legal training ? is a legal aid camp ? . would you frame a scheme for working of a legal aid Finances the legal aid camp ? by negotiation and couns: