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Showing posts with the label Lawyer

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Dear Friends, In the wake of the recent floods, countless families are in urgent need of relief and support. The New Delhi District Legal Services Authority (DLSA)—a statutory body under the Legal Services Authorities Act—is organizing a donation drive this festival season to help those affected. How You Can Help:   - Please contribute new and unused items such as clothes, shoes, dry ration, hygiene products, bedsheets, blankets, and packaged food items (biscuits, tea, sugar, etc.), strictly as per DLSA guidelines.  - Contributions may be delivered at our office:    107-B, Vikrant Enclave, Mayapuri, New Delhi - 110064 Please Note:   From our office, all collected contributions will be delivered to the Office of New Delhi DLSA, Room No. 302, 3rd Floor, Patiala House Courts Complex, New Delhi, up to 19th September 2025. Let’s join hands to make a meaningful impact on the lives of flood victims and others in distress. Your generosity and support can bring hope and...

Supreme Court to Decide: Should Practical Experience Be Mandatory for Judicial Service Entry?

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Supreme Court to Decide: Should Practical Experience Be Mandatory for Judicial Service Entry? By Ganesh Mishra, Advocate, Supreme Court & Delhi High Court   Founder, Mishra & Associates   Contact: +91 9136273395 | advocateganeshmishra@gmail.com   www.advocateganeshmishra.in   107B, First Floor, Vikrant Enclave, Mayapuri, New Delhi – 110064 The Supreme Court of India is set to deliver a significant judgment on whether a minimum period of legal practice should be mandatory for entry into the judicial service at the Civil Judge (Junior Division) level. This comes after years of debate: while a practice requirement was removed in 2002 to attract fresh legal talent, many High Courts and members of the Bar now argue that practical experience is essential for judicial effectiveness. Supporters of reinstating the practice requirement believe that real courtroom exposure is crucial for developing the skills and maturity needed on the be...

The Untold Story of J&K’s Accession – Facts Beyond the Textbooks

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  By Advocate Ganesh Mishra,                                Founder, Mishra and Associates,  New Delhi advocateganeshmishra@gmail.com www.advocateganeshmishra.in Mob +91-9136273395 Introduction The accession of Jammu & Kashmir (J&K) to India in 1947 remains one of the most significant and debated chapters in Indian history. While official narratives have often focused on the events following the Pakistani tribal invasion, a closer look at historical records and testimonies reveals a more nuanced story-one that challenges many popular perceptions and raises important questions about political decisions at the highest level. The Maharaja’s Dilemma and Early Steps Toward India Maharaja Hari Singh, the ruler of J&K, faced a complex situation in the months leading up to independence. With partition violence raging and his state’s Muslim-majority demography, he initially sough...

Why Are Major Indian Universities Named After Nehru and Indira Gandhi?

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Questioning the Naming of National Institutions It is worth reflecting on why some of India’s most prominent universities, such as Jawaharlal Nehru University (JNU) and Indira Gandhi National Open University (IGNOU), bear the names of these political leaders. The academic credentials of Jawaharlal Nehru, while respectable, were not extraordinary. Nehru studied at Harrow and Trinity College, Cambridge, earning an honours degree in natural science, and later qualified as a barrister in London, passing his exams “with neither glory nor ignominy”[1][4]. His educational journey, though privileged, did not set him apart as a scholar of exceptional distinction. Indira Gandhi, despite her influential role in Indian politics, did not complete a university degree. This stands in stark contrast to many young men and women from less privileged backgrounds across India who, despite significant hardships, manage to complete their graduation and post-graduation[6][9]. Whom Should We Celebrate in Acad...

Understanding Property Disputes in Delhi: What Every Homeowner Should Know

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  Property disputes are common in Delhi, especially among middle-class families who have invested their life savings in real estate. Issues can arise due to unclear property titles, illegal possession, or disputes among family members. Do’s: Always verify the property title and ownership documents before purchasing. Register your property and keep all legal documents safe. Consult a lawyer before signing any property agreement. Don’ts: Don’t rely solely on verbal agreements or informal receipts. Avoid shortcuts in property registration or mutation. Without proper legal advice, you risk losing your investment or getting entangled in lengthy court battles. For expert guidance, contact Ganesh Mishra, Advocate, Supreme Court and Delhi High Court, at Mishra & Associates, Mayapuri, New Delhi.   Conclusion: Why You Need Expert Legal Advice Legal issues can have lasting financial and emotional consequences if not handled properly....

You May Lose Your Cheque Bounce Case If Your Legal Notice Is Defective: Supreme Court’s Clear Warning

Supreme Court’s Landmark Ruling on Omnibus Demand Notices Under Section 138 NI Act: What Cheque Dishonour Victims Must Know In a significant judgment dated December 12, 2023, the Supreme Court of India in Upasana Mishra v. Trek Technology India Pvt. Ltd. (Criminal Appeal No. 3786 of 2023) has clarified the legal requirements for demand notices under Section 138 of the Negotiable Instruments Act, 1881. This ruling is a crucial development for anyone who has faced the frustration and financial loss caused by cheque dishonour. Facts of the Case The appellant, Ms. Upasana Mishra, issued a legal demand notice to the respondent company after a cheque was dishonoured. The notice demanded a lump sum amount of ₹6,50,000 which included: - The cheque amount (not specifically stated), - Interest at 12% per annum from the date of dishonour, - Damages of ₹50,000 per month, - Notice charges of ₹5,500. The notice did not clearly specify the exact cheque amount separately but made an omnibus demand com...

Do Senior Advocates Make Cases Important or Are They Chosen for Important Cases?

Introduction Senior Advocates in India occupy a prestigious position within the legal hierarchy. Their designation reflects exceptional legal expertise and contributions to the field. This article explores whether matters handled by Senior Advocates are inherently significant or if their involvement elevates the importance of such cases. Understanding the Role of Senior Advocates Senior Advocates are designated under Section 16 of the Advocates Act, 1961, based on their legal acumen, standing at the Bar, and contributions to jurisprudence. They are restricted from directly accepting briefs or engaging in drafting work, focusing solely on courtroom advocacy. Do Senior Advocates Handle Only Important Cases? Senior Advocates often deal with high-stakes cases, ranging from constitutional challenges to complex commercial disputes. Their designation itself implies trust in their ability to handle intricate legal issues. However, courts do not select cases based solely on their importance; ra...