Law and Justice

Archive for August, 2010

Different people choose different types of careers. It is very important to make sure that you choose your career according to your interest. Interests of people vary and this is the reason why the choice of career also varies from one person to the other. There are lots of people who are interested in becoming a judge.

They want to take up a career in law. But you must always remember that becoming a judge is not at all easy. There are certain judges who are appointed while there are others who are elected.

The most important thing that these people should have in their minds is justice. The judge is the actual head of the court and he needs to preside over the proceedings and finally he needs to give the verdict in the case.

He must make sure that he provides equal justice to all. If you are a resident of United States then you must aim to become the judge in the United States. The legal systems practiced in different countries usually vary from each other.

The procedure to become the head of the court depends on the legal system of that particular country. In the United States there is the common law which is followed in the legal system. But before you become the head of court you need to become an attorney.

The attorney needs to go through some more training to become the judge. But the rules are different in places where the legal system follows the civil law. If you really want to become the judicial head then you must be very serious with your studies and training.

Other than this, the judge must also have extensive knowledge. He also needs to be impartial in any case. He must go through the hearing and then provide a verdict which is right for both the sides.

If you are interested in the legal career then you must be ready to sacrifice a lot of time which you could have spent with your family. The professional must always make sure that he does not bring personal feelings and emotions while giving verdict to the case.

These people must also be ready to work for long hours. The judges in the United States are appointed according to the laws present in the articles of the constitution. The judges are appointed on the consent as well as the advice of the president of the United States.

These people can also be removed with the help of the impeachment procedure. There are certain courts present in the United States where these people do not require a particular qualification for the post. Always try to choose you career very carefully.

Incoming search terms:

Dealing with getting a divorce in the first place can be quite scary and overwhelming, and it certainly brings with it a flurry of emotions. Finding an attorney to handle your divorce, especially when so much is personally at stake, can be downright daunting. Unless you have a large group of friends who are all in the legal profession, chances are you have no idea where to start. It is quite probable that you have a friend, or two, or maybe several who have been through a divorce themselves or know someone who has, especially since at least half of marriages today end in divorce. You can get a referral to a MN law firm that handles divorces from one of these people and get their opinions on that law firm and how their matter was handled. You can also get some insight from these people into the divorce process itself.

It is true that family law firms get a lot of clients through referrals from former clients or other attorneys. But if you are unable to get a referral to a MN law firm from someone you know or are somehow acquainted with, how do you go about finding a firm to handle your divorce? You can search the yellow pages, both the hard copy kind and an online version. You can find many law firms who advertise this way. You can then call some of those firms and ask some specific questions to find out if scheduling an in-person consultation is warranted. Some questions you may want to ask will include the require retainer amount and hourly rate, whether or not the law firm is certified as a family law specialist, their current caseload and the kind of attention your individual case will receive, and any other questions you may feel are pertinent to enable you to make a decision.

You can also contact the state or local bar association for referrals to family lawyers in the area. They should be able to point you in the direction of many a MN law firm who specialize in handling divorces. You can then contact each potential firm to ask questions and potentially schedule an appointment for a consultation.

You may want to schedule an in-person consultation with a few different law firms. Typically, that initial consultation is at no charge to you, so you need not worry about incurring a bunch of costs in your search to find the right MN law firm for you. In sitting down face to face and meeting a few different attorneys, you can get a good feel for the attorney who may ultimately represent you in your divorce. Your relationship with your divorce attorney is very important as you are entrusting a very emotional part of your life to this person. As such, you want to feel totally comfortable with your attorney and have the ultimate faith and trust in him. You also want someone who is truly listening to your wants and needs and addresses them accordingly, while at the same time provides you with honest, objective advice. You do not want someone that will just tell you what you want to hear to get your business and then find out that much of what he said was not exactly true.

A divorce can feel like your whole world is turned upside. During such a painful time, it is important that you have a family law attorney from a MN law firm that is truly there to support you and look out for your best interests. Take the time to do your homework, including meeting with a few attorneys in person, to make sure that you end up with an attorney you feel you can trust to resolve this matter for you.

Brown Family Law is a MN law firm of experienced divorce lawyers and attorneys focusing on Divorce and Family Law cases. Our Lawyers represent clients throughout Minneapolis and the Twin Cities area. Call or contact us or visit our Blog – http://www.mnfamilylawblog.com/ – for advice and guidance in contested divorce, uncontested divorce, child custody cases, child support, and more.

The Challenge to the NCLT & NCALT:

The five-judge Constitution Bench of the Supreme Court of India Justice KG Balakrishnan, Justice RV Raveendran, Justice DK Jain, Justice P Sathasivam and Justice JM Panchal has delivered its judgment on the legality of the constitution of National Company Law Tribunal and National Company Law Appellate Tribunal under the Companies Act, 1956 through Companies (Second Amendment) Act, 2002.

With the intention of establishing a Separate Tribunal to deal with all issues or disputes under the Companies Act, 1956, a Special Tribunal and Appellate Tribunal called National Company Law Tribunal and National Company Law Appellate Tribunal were sought to be established through the Companies (Second Amendment) Act, 2002. As per the said amendment, as soon as the Tribunal and the Appellate Tribunal is constituted, almost all powers exercised by the High Court under the Companies Act, 1956 sought to be transferred to the NCLT and NCLAT except the judicial review powers exercised under Article 226 and 227 of Constitution of India.

Sri R.Gandhi of Madras Bar Association has challenged the Companies (Second Amendment) Act, 2002 and especially the constitution of National Company Law Tribunal and National Company Appellate Tribunal.

The conclusion of Madras High Court:

Justice Jayasimha Babu of Madras High Court has delivered a considered and landmark judgment on the issue of legality of constitution of National Company Law Tribunal and National Company Law Appellate Tribunal. The background of the constitution of Tribunal in India as referred in the Judgment is as follows:

“The Tribunals which are largely a twentieth century phenomenon existed in this country even before the Constitution was framed. The oldest and best known Tribunal is the Income-tax Appellate Tribunal which had been functioning from the year 1941. Industrial Tribunals had also been established prior to 1950. Articles 136 and 227 of the Constitution refer to Tribunals, and make their orders subject to judicial review by the High Court, and with leave, to the Appellate jurisdiction of the Supreme Court. Numerous Tribunals have been created subsequent to 1950 by Parliamentary as well as State legislation. Their exact number however is not easily ascertainable. The Law Commission of India in its 162nd Report submitted in 1998 reviewed the working of the major tribunals in the country – the Income-tax Appellate Tribunal, Customs, Central Excise and Gold (Control) Appellate Tribunal and the Administrative Tribunals, and suggested certain changes to improve their functioning.

The object of constituting Tribunals is to provide a simpler, speedier and more accessible justice than ordinary courts are able to provide, as stated in Wade on Administrative Law. Yet another object of constituting Tribunals is to create specialist Tribunals which would include specialists in the filed, to adjudicate more efficiently and speedily the matters requiring adjudication in that field, and thus command the confidence of all concerned in the quality and reliability of the result of such adjudication.”

The Operative portion of the Judgment of the Madras High Court is as follows:

“In the light of foregoing discussions it is declared that until the provisions in Parts 1B and 1C of the Companies Act introduced by the Companies (Amendment) Act, 2002, which have been found to be defective in as much as they are in breach of the basic constitutional scheme of separation of powers and independence of the judicial function, are duly amended, by removing the defects that have been pointed out, it would be unconstitutional to constitute a Tribunal and Appellate Tribunal exercise the jurisdiction now exercised by the High Courts or the Company Law Board.

The petitioners have also challenged the validity of certain provisions of the Companies (Amendment) Act, 2002, whereby certain powers currently exercised by the Company Law Board, some of which were earlier exercised by the court, were transferred to the Central Government. Most of those powers are only tangentially judicial and are primarily administrative. There is no illegality in such transfer.”

The Judgment of the Madras High Court was a very detailed, considered and reasoned judgment. The Apprehension of the Petitioners who challenged the Companies (Second Amendment) Act, 2002 and the conclusion of the Court on the issue is summed up in one para of the Judgment as follows:

“The constitution of the National Company Law Tribunal and the Appellate Tribunal in the manner now provided, when considered along with the provisions concerning the Competition Commission under the Competition Act 2002, seems to indicate a pattern of an aggressive executive seeking to take over gradually the judicial power traditionally exercised by the courts under safeguards which ensure the competence, independence and impartiality of the judges, and replacing them by persons who have neither a judicial background nor specialized knowledge of the subject for which the Tribunal is created, and by persons now serving the executive who will continue to retain their lien and loyalty to the executive branch, and be amenable to the influence of executive superiors and their political masters.”

The doyens of the Madras Bar Association Shri Aravind P.Datar, Senior Advocate and Shri V.T.Gopalan, the then Additional Solicitor-General has rendered exceptional assistance to the Court in the matter before Madras High Court and the same is acknowledged by the Madras High Court in its judgment as follows:

“We place on record our appreciation to Mr.Arvind Datar, learned senior counsel of petitioner, whose research and cogent presentation has helped to clarify and bring out the significance of the issues involved, and to Mr.V.T.Gopalan, learned Additional Solicitor-General who, with his usual fairness presented the case for the respondent with great vigour, and also placed before the court all the relevant materials.”

Appeal to the Supreme Court:

The Judgment of the Madras High Court on the issue of constitution of National Company Law Tribunal and National Company Law Appellate Tribunal was appealed before the Supreme Court and the Supreme Court has now appears to have confirmed the judgment of the Madras High Court. The Madras High Court has never questioned the legislative competency in establishing National Company Law Tribunal, but, expressed its concern over the independence of the mechanism and its effectiveness. It’s really laudable.

Further process:

Now, the entire Companies Act, 1956 sought to be reorganized with some inclusions and deletions through Companies Bill, 2009. I don’t know as to how the Government has proceeded with the Companies Bill when an important issue on the Constitution of National Company Law Tribunal and National Company Law Appellate Tribunal was pending before the Apex Court. Now, the concerned ministry has to take note of the judgment of the Apex Court and should make needed changes to the proposed bill and then, the Companies Bill can be introduced in the Parliament and it needs to be passed. It will take some time, but, the entire issue can be quicken as the needed infrastructure for the establishment of National Company Law Tribunal and National Company Law Appellate Tribunal was already in place as I believe.

My opinion on the Tribunal:

Many feel that there is lot of difference between a Tribunal and the Court, but, I disagree with the notion. The Tribunal is also a Court intended to resolve the disputes, but, it is constituted under a special enactment and may follow different procedure as enshrined in the enactment.

A constitution Bench of the Supreme Court in the case of Associated Cement Companies Ltd. V. P.N.Sharma, AIR 1965SC1595, speaking throughour great justice Gajendragadkar, C.J., while holding that the appellate authority under the Punjab Welfare Officers Recruitment and Conditions of Service Rules, 1952, is a Tribunal, observed:

“…Special matter and questions re entrusted to them for their decision and in that sense, they share with the courts one common characteristic; both the courts and the Tribunals are ‘constituted by the State and are invested with judicial as distinguished from purely administrative or executive functions…’ They are both adjudicated bodies and they deal with and finally determine disputes between parties which are entrusted to the jurisdiction….As in the case of courts, so in the case of Tribunals, it is the State’s inherent judicial power which has been transferred and by virtue of the said power, it is the State’s inherent judicial function which hey discharge. Judicial functions and judicial powers are one of the essential attributes of a sovereign State, and on considerations of policy, the state transfers its judicial functions and powers mainly to the courts established by  the Constitution; but that does not affect the competence of the State, by appropriate measures, to transfer a part of its judicial powers and functions to Tribunals by entrusting tot hem the task of adjudicated upon special matters and disputes between parties. It is really not possible or even expedient to attempt to describe exhaustively the features which are common to the Tribunals and the courts, and features which are distinct and separate. The basis and the fundamental feature which is common to both the courts and the Tribunals is that they discharge judicial functions and exercise judicial powers which inherently vest in a sovereign state.”

The observations of Justice Gajedragadkar were also referred in the Judgment of Madras High Court.

Thus, there is no much difference logically between the Court and the Tribunal and both are meant to resolve the disputes.

My apprehension:

I have the privilege of observing the proceedings of High Court in a Company matter and also the proceedings of Company Law Board. At present, the High Court discharges very complicated functions under Companies Act, 1956 like entertaining winding-up petitions and entertaining applications seeking sanction of the Court for a scheme of amalgamation etc. The Company Law Board also discharges complicated responsibilities under section 397/398 of the Companies Act, 1956 and other provisions.

There are many limitations and we know the functioning of the office of the Official Liquidator at present and we also aware of the proposed move to get the services of Advocates and Experts as liquidators. It’s a serious issue to deal with and requires serious consideration by the Government and also Courts. In my personal opinion, the High Court was able to discharge its functions under Companies Act, 1956 very well and the proceedings of Company Court were effective to a great extent. Instant orders were passed if the situation demands and most of the orders passed by the High Court while exercising Company Jurisdiction were obeyed and implemented by the parties concerned.

But, when it comes to the proceedings of the Company Law Board, many express their dissatisfaction that they are being unnecessarily troubled and many feel that they are not able to get justice though they could establish a clear case before the Board. It is also frequently seen as to the respect given to the orders of the Company Law Board. Again, the powers of the Company Law Board were limited by the express language used in the Act and also due to the ruling on its own competence and jurisdiction. These issues are taken note of by the Legislature and sought to be addressed in the proposed Companies Bill, 2009.

We have seen tremendous corporate growth in the recent past and with the technological revolution and its adoption in governance like MCA scheme, the incorporation and management of Companies have become so easy though there are complications in the Course.

We need to provide an effective and speedy redressel to the Corporate and they can not be waiting for months and years for a redressel. Handling a Company dispute is a complicated thing and requires lot of care, concentration and specialization. It is to be seen as to how the proposed National Company Law Tribunal and the National Company Law Appellate Tribunal functions in future.

Note: I have only given a brief of the issue and I am aware of the fact that a lot can be said on the issue.

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9 12, the Third Military Medical University, Department of Laboratory research team led by Professor Zou Quanming, after more than ten years of hard work, successful completion of a preventable national class gastric drug?? “Oral recombinant Helicobacter pylori vaccine “(referred to as stomach vaccine) clinical trials, is expected to formally put into production recently.

  This is the world’s first clinical trial completed gastric Helicobacter pylori vaccine is truly independently developed by the Chinese people, with completely independent intellectual property rights of original vaccine, vaccine research indicates that our original technology a major breakthrough in research for new vaccines is an important reference.

It is reported that more than 5,000 according to a randomized, double-blind, placebo-controlled design to participate in the international standard procedures for vaccine clinical trials, clinical observation showed that: the vaccine prevention of Helicobacter pylori infection rate of greater than 72.1% protection of gastritis, gastric ulcer and duodenal ulcer and other upper gastrointestinal diseases, a good preventive effect, and were not observed any clinically significant adverse events, shows that the vaccine against the human body has a good safety and efficacy. Currently, the vaccine has been two national invention patents.

It is reported that Helicobacter pylori (Helicobacterpylori, referred to as Hp) by the Australian scholar Marshall and Warren discovered in 1983, after 20 years of broad international study confirmed that such “settled” in the human stomach bacteria that cause chronic gastritis , gastric ulcer and duodenal ulcer disease and other upper gastrointestinal tract the culprit. In 1994 the World Health Organization confirmed that closely associated with gastric cancer, and classified them as Class carcinogen, two Australian scientists won the 2005 Nobel Prize in medicine, therefore, and Physiology Prize. Currently around 50% of the population involved in Hp infection and related diseases thus induced, infected more than 600 million Chinese each year about 20 million people died of gastric cancer. How to prevent and eradicate Hp infection into the problems besetting the international medical community. Hp vaccine research and development success, for the prevention and control of Hp infection is of great significance, is expected to fundamentally solve the problem of difficulties in preventing stomach, greatly reduce the Hp infection and associated morbidity.

Professor Zou Quanming launched in 1995, Hp vaccine research projects, led the research team of more than 50 people, the same vaccine in the absence of reference of the case, bold innovation, to genetic engineering, protein engineering and other modern molecular biology techniques and the original research foundation closely linked to the development of breakthrough technologies in a number of key challenges in the international mucosal vaccine adjuvant within the first molecular theory, and to take a unique molecular construction model genetically engineered vaccine, immunity in the mucosal surface, avoids Helicobacter pylori infection in mucosal surface due to difficulties in the prevention of treatment; successfully established long-term stability of the animal infection model for evaluation of stomach vaccine is a necessary condition; formulations using a special process to overcome the gastric acid and pepsin, the destructive effects of the vaccine improve the effectiveness and stability of the vaccine.

1997, the three doctors to technology shares in the form of large, established industry, academia, and research models of biological high-tech Co., Ltd. to build an advanced biopharmaceutical GMP Engineering Research Center, the project funding, research and development equipment guaranteed. The project has been listed as national “Ninth Five-Year” key scientific and technological projects, national “863″ project, state “15″, “Eleventh Five” major science and technology projects, the National Natural Science Foundation and other projects with a cumulative investment of more than 5000 million R & D .

Another report, the vaccine is now settled in Chongqing. Beibei District government has a “trick shot” can Transfer the 500 acres of industrial park, dedicated to “stomach vaccine,” the industrial base.

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Advertising is a relatively recent development in the legal profession. Not all firms advertise it is advisable for every law firm to take note of the important resource the internet has become to consumers seeking services. Even among lawyers and firms that chose not to advertise, the importance of the internet as a consumer resource should not be overlooked. An internet presence can give a law firm more credibility. It is a non-intrusive way for a law firm to begin building trust with potential clients. In fact in some ways a law firm without a presence on the internet may be at a disadvantage and some may not even consider them a reputable business if they do not have a website.

A law firm with its own website can accomplish a number of things. Most people conducting a random search for an attorney are not certain of the law regarding their problem, and concerned about cost. Moreover, there exists today a widespread skepticism about attorneys, especially among the uninitiated. A website can ease some of those uncertainties, and thus invite contact from the potential client.

The website can describe the firm’s areas of legal focus. It acts as an educational tool, explaining the basics of selected areas of law and suggesting some initial steps for the potential client. Eventually the client will end up in a lawyer’s office somewhere, so providing some initial online education will give the law firm a benign and positive first impression.

As with other forms of media, defense and personal injury attorneys are the most likely to be found using the web as an advertising service. Most law firms with other sorts of specialties that use hosted websites tend to be a little more subtle, stressing the firm’s longevity or stability, its successes and perhaps providing biographies of the firm’s principal members.

There are at least four national listing services for personal injury attorneys, and others for family law, criminal law and so forth. These listing services and much more can be readily found through all the major search engines.

All law firms are faced with the choice of developing a web page to represent their firm. Often this concept goes against the values of more traditional law firms. However the internet is a fast evolving place where information on almost all businesses can be readily found. Law firms will most certainly follow this trend in a bigger way in the future.

But finding the one that best suits your needs to first get some advice and then possibly filing for a divorce can be a little daunting when you take a peek inside the local phone book. When you are dealing with a possible divorce, it may be very confusing and even downright scary for you. To add to the problem, you have no idea where to start in looking for a good attorney or a reputable MN Law Firm. Unless you have friends in the law field or know someone who has gone through a divorce, the task is even more troublesome to you.

But, finding a good attorney at a good MN Law Firm can be accomplished with a few proper steps and possibly a few hours of checking out the many Law Firms first. One of the first places to check should be the local county or state Bar Association. They have lists of attorneys by specialty that can help. Your best bet is to find a family law attorney who specializes in divorces.

The reason it is important to have someone that is a member of a MN Law Firm that specializes in family law, is that there are many issues that may arise in a divorce that also can cause concerns in other family matters, like child custody, what to do with real estate and personal property and even inheritances and other family law matters. Another good place to check is with your county services crisis department and ask if there are any divorce support groups in your area. These groups usually have someone you can contact to find a good divorce attorney as most divorce attorneys stay in frequent contact with these groups and often refer clients to them for additional moral support.

Another place is the local phone book or the online Yellow Pages and search engines (like Google, Yahoo! Search, MSN Search or Bing). After making a list of those that sound good, are listed as family law specialists and somewhat near you, give them a call and ask a few questions about your possibly needing a divorce attorney. Ask if they offer a free consultation with a divorce lawyer and if they have a range of retainer fees that need to be placed before they can start working on your case. A few other things would be if they have more than one divorce lawyer or several, how heavy their caseload is (this can signal a little about how much time they have to work on your case) and whether the firm is certified as a family law specialist.

Then try to schedule a free consultation with each of those you think might meet your needs. This is a good way to see which attorneys and MN Law Firm that you feel suit both your needs and your confidence in them to do the best job possible for you in protecting your rights and seeing that your divorce is as equitable as possible. You will also be able to find out how much of a retainer they need and what their final fees may be in your particular divorce case.

While little can be done immediately to normalize your life at the moment, retaining a reputable and trustworthy MN Law Firm is still the first thing to do and a good divorce attorney will be able to provide you with some comfort in knowing you have someone who is concerned about your well being and your future. By accomplishing some of these suggestions in selecting a MN Law Firm to help you through a divorce, you can rest assured your case will be handled in a caring and respectful manner and your dilemma will be held in a completely confidential manner.

Brown Family Law is a MN Law Firm of divorce lawyers and attorneys focusing on Divorce and Family Law cases. Our attorneys represent clients throughout Minneapolis and the Twin Cities area. Call or contact us or visit our MN Law Firm Blog for information and guidance in contested divorce, uncontested divorce, child custody cases, child support, and more.

There are certain types of legal matter that a qualified New Jersey immigration lawyer considers during their professional course, here are some listings are following:

Adjustment of status: Different visas would be granted to you by USCIS based on your immigration status. Lawyers would do the necessary paperwork for you to adjust the status.

Representing deportation and removal proceedings: Notary publics and immigration consultants may just help you filling the pre-printed form with the information given by you. But they won’t represent your case to the USCIS. A professional New Jersey Immigration Attorney from a reputed law firm only would back your case seriously.

Political asylum: Asylum procedures could be affirmative and defensive both. If it is the first one your attorney would develop the effective argument for you to represent. If it is the defense strategies you need to appear before the immigration judge for immigration review.

BIA Appeals: This is the administrative decision enforced to immigration laws. BIA stands for “Board of Immigration Appeals”. Your lawyer would take you through if there are any issues with BIA appeals

Waivers of deportation: Even if there is any refugee found inadmissible to the United States because of felony conviction or improper health condition it is possible to arrange the waiver on the ground of nationality interest or from the humanitarian point of view.

Now these waivers require several documentations which a New Jersey Immigration Attorney can perform well and with expertise.

However, to attain such quality service portfolios your case has to be in proficient hand.

Useful legal Recommendations:

If you are seeking for a professional immigration attorney in New Jersey, visit 800 New Jersey lawyers directory to opt for a best profile