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Monday, February 20, 2012

Advocates Act 1961..surrendering licence to practice

Some time Advocates need to surrender their licence to practice being upon appointed to several positions where in one can not take two posts ..It was thought that it is just sufficient that surrendering the licence and not signing any vakalatnama or any other document pertaining to represent someone in some legal proceedings but in a case it was seen that it is not just sufficient but one should not even say himself to be an advocate after his being surrendered the license to practice.
The Bar Council of Punjab and Haryana has issued a showcause notice to Punjab Cabinet minister Harnam Dass Johar asking him to explain why he continues to represent himself as an “advocate” when he has already surrendered his licence to practice in 2003.
The Council stated an earlier notice was served to Johar in October, 2003, seeking an explanation on why his licence should not be suspended. In reply, Johar had said he no longer practiced since 1992. He added he had surrendered his licence in 2003 by post, and hence the licence should be treated as suspended. Johar, who had enrolled as an advocate in December, 1967, was earlier a Speaker in the Punjab Assembly, and is at present a Cabinet minister.

So it is a big question whether an advocates ceases to be an advocate if he surrenders his license for practice may be temporarily.

Sunday, February 19, 2012

Two new acts passed

The Academy of Scientific and Innovative Research Bill, 2011, after having received the assent of the President on 6th February, 2012, has been published in the Gazette of India, Extraordinary, Part-II, Section-1, dated the 7th February, 2012 as Act No. 13 of 2012.
Also, the Factoring Regulation Bill, 2011, which received the assent of the President on 22nd January, 2012, has been published in the Gazette of India, Extraordinary, Part-II, Section-1, dated the 23rd January, 2012 as Act No. 12 of 2012.

The first one for which a lot of complaint from advocates are seen and even they protested for this and have organized an all india band on account of this.

Saturday, February 4, 2012

Review of consumer laws by Central Consumer Protection Council

Central Consumer Protection Council  (CCPC), the apex body in the area of consumer protection will meet here tomorrow to review consumer protection measures and activities in the country.  The meeting to be chaired by Prof. K.V. Thomas, Minister for Consumer Affairs, Food & Public Distribution will be attended  by  ministers incharge of consumer affairs from the States (two each from five regions in the country), Members of Parliament, Administrators of Union Territories , representatives of Central Government, consumer organizations and consumer activists.
In its day-long meeting, the CCPC will discuss following –
-         Consumer right to be protected against the marketing of goods and services which are hazardous to life and property;
-         The right to be informed about the quality, quantity, potency, purity, standard and price of goods or services, as the case may be so as to protect the consumer against unfair trade practices;
-         The right to be assured, wherever possible, access to a variety of goods and services at competitive prices;
-         The right to be heard and to be assured that consumer’s interests will receive due consideration at appropriate Fora;
-         The right to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers; and
-         The right to consumer education.
The Consumer Protection Act enumerates for formulation of Consumer Protection Councils at the Central, State and District Levels with an objective to protect the rights and interests of the consumers. The Consumer Protection Councils guide the establishment in framing the rules and regulations for better protection of consumers.

so we will get some hard brainstorming on the consumer issues and will get some good suggestions and that will really be considered while taking the amendment of the consumer protection act is considered,but the problem is again the root level people and those who are directly connected with the implementation of consumer protection act and those who are affected greatly with these implementations are not invited to share their experiences and feedback on the issues.So in the circumstances even if the so called amendments are implemented and we get a new amended act still we will be having many questions and issues which will remain unanswered until the sections pertaining to the same are amended in the principal act.

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