Thursday, October 28, 2010

Enrollment procedure in Bar Council of A.P.

Enrollment Procedures
The Bar Council of the state of Andhra Pradesh, Hyderabad
Instructions Regarding Enrollment
  1. A person who is otherwise qualified to be admitted as an advocate, but is either in full or part-time service or employment or is engaged in any trade, business or profession shall not be admitted as an advocate.
  2. All the papers for enrolment should be presented before the Secretary, Bar Council, in person on any MONDAY/TUESDAY from 2.00 P.M. to 4.30 P.M. For Registration.
  3. Enrolment shall be done generally on Thursday of every week. (If not otherwise notified).
  4. PAYMENT TO BE MADE
    (I)Enrolment Fee, Gazette Publication Charges, Identity Card, Processing Charges and Library Fund
    Rs.1,550/-
      (i) An amount of Rs.1,300/- should be paid to the credit of the Bar Council of the State of Andhra Pradesh, Hyderabad, in the State Bank of Hyderabad, A.P.High Court Branch, Hyderabad in Savings Bank Account No.52005821084 
      An amount of Rs.100/- should be paid to the credit of the Bar Council of the State of Andhra Pradesh: Library Fund Account, in the State Bank of Hyderabad, A.P.High Court Branch, Hyderabad in Savings Bank Account No.62029048905.
      An amount of Rs.150/- should be paid to the credit of the Bar Council of India, New Delhi Collection Fund in the State Bank of Hyderabad, A.P.High Court Branch, Hyderabad in Savings Bank Account No.52005821233.
      (ii) Enrolment fee for the Members belonging to SCHEDULED CASTES AND SCHEDULED TRIBES is Rs.625/-. Necessary Caste Certificates from Revenue Officials not below the rank of M.R.O. to be enclosed in Original. An amount of Rs.500/- should be paid to the credit of Bar Council of A.P., Hyderabad in the State Bank of Hyderabad, A.P. High Court Branch, Hyderabad in the Savings Bank Account No.52005821084.
    An amount of Rs.100/- should be paid to the credit of the Bar Council of the State of Andhra Pradesh: Library Fund Account, in the State Bank of Hyderabad, A.P. High Court Branch, Hyderabad in Savings Bank Account No.62029048905.
    An amount of Rs.25/- should be paid to the credit of the Bar Council of India, New Delhi Collection Fund in the State Bank of Hyderabad, A.P.High Court Branch, Hyderabad in Savings Bank Account No.52005821233.
    An Amount of Rs.1,000/- should be paid to the credit of “Advocates Welfare Fund of the Bar Council of India for the State of Andhra Pradesh” in the State Bank of Hyderabad, A.P. High Court Branch, Hyderabad in S.B.A/c.No.52005820998.
    The retired employees belonging to SC/ST shall have to pay full fee The Bank receipts should be enclosed to the Application for Enrolment.
    (2) Stamp Duty: Special Adhesive Stamps worth Rs.250/- are to be purchased by paying cash of Rs.250/- at the Sub-Registrar Office, Dar Uh Shifa X Roads, Hyderabad and submit the same on the day of enrolment as an Advocate.
    (3) An Identity card will be issued on submission of one passport size photograph on the day of filing the application form for enrolment. Enrolment shall be done on Thursday of every week, if not otherwise notified. 
5. The following certificates are to be enclosed. All the Duplicate copies shall be attested by a Gazetted Officer
(1) A Duplicate copy of the certificate of date of Birth (S.S.L.C., S.S.C.,H.S.C.,Matriculation/Law TC.)
(2) A Duplicate copy of Graduation Degree Certificate.
In the case of five years Law course, Duplicate copy of Intermediate Certificate.
(3) A Duplicate copy of Law Degree Certificate by the candidates who have completed the law course three years prior to the date of submission of application. For freshers the original of Provisional Certificate should be filed together with its Duplicate copy.
(4) Duplicate copies of certificates of other qualifications, if any
All the Original certificates should be produced for verification.
(5) If the candidate has resigned or retired from service, he/she shall produce a true copy of the order or proceedings of his/her employer to that effect with relieving order.
If the candidate studied Law while in service, the following certificates are also to be filed.
a. Permission letter from the employer to study law.
b. T.C. from Law College
c. Certificate of proof of working place(s) during the study period of Law.
6. The passport size photograph which is to be affixed to the Application Form should be attested by an
Advocate.
7. Certificates of Good Moral Character at Page 7 should be obtained from Advocates not being relations.
8. The enrolment application form will be issued on payment of Rs.200/- (by cash) with a copy of Rules Book.
9. On the day of enrolment, the candidates shall wear white dress, black coat & black tie.
Further particulars can be had from the Secretary, Bar Council of Andhra Pradesh, Hyderabad on request. 
Hyderabad – 500 066
Phone: 040- 24524116


FEE PARTICULARS
OC & BC
RS/.
SC / ST
RS/.
Application form with Rules Book200/-200/-
Enrolment Fee, Gazette Publication charges, Identity Card, Processing charges and Library Fund1,550/-625/-
Advocates “Welfare Fund” (Payment U/R 40 of B.C.I. Rules)1,000/-1,000/-
Stamp Duty250/-250/-
TOTAL

Readers if you have any doubts plz go to the Bar Council website   http://www.barcouncilap.org/ 

List of Bar Associations in A.P.

                                                                                                                               HYDERABADDISTRICT
1A.P.High Court Advcoates’ Association, Hyderabad
2City Civil Court, Hyderabad
3City Criminal Court, Hyderabad
4City Civil Court, Secunderabad
5R.R.Dist. Court, L.B.Nagar
IIADILABAD DISTRICT
6Adilabad
7Asifabad
8Bhainsa
9Boath
10Chinnur
11Luxettipet
12Nirmal
13Sirpur
14Utnoor
IIIANANTAPUR DISTRICT
15Anantapur
16Dharmavaram
17Gooty
18Guntakal
19Hindupur
20Kadiri
21Kalyandurg
22Madakasira
23Penukonda
24Rayadurg
25Tadipatri
26Uravakonda
IVCHITTOOR DISTRICT
27Chittoor
28Kuppam
29Madanapalle
30Nagari
31Pakala
32Palamaner
33Piler
34Punganur
35Puttur
36Satyavedu
37Srikalahasti
38Thamballapalle
39Tirupati
40Vayalpadu
VCUDDAPAH DISTRICT
41Cuddapah
42Badvel
43Jammalamadugu
44Kamalapuram
45Nandalur
46Proddatur
47Pulivendla
48Rajampet
49Rayachoty
VIEAST GODAVARI DISTRICT
50Rajahmundry
51Kakinada
52Amalapuram
53Kothapet
54Peddapuram
55Prathipadu
56Pithapuram
57Mummidivaram
58Ramachandrapuram
59Razole
60Tuni
61Alamuru
VIIWEST GODAVARI DISTRICT
62Eluru
63Bhimavaram
64Chintalapudi
65Kovvur
66Narsapur
67Palakol
68Tadepalligudem
69Tanuku
VIIIGUNTUR DISTRICT
70Guntur
71Bapatla
72Gurazala
73Macherla
74Mangalagiri
75Chilakaluripet
76Narasaraopet
77Ponnur
78Repalle
79Sattenapalli
80Tenali
81Vinukonda
IXKARIMNAGAR DISTRICT
82Karimnagar
83Godavarikhani
84Husnabad
85Huzurabad
86Jagitial
87Manthani
88Metpally
89Peddapally
90Sircilla
91Sultanabad
XKHAMMAM DISTRICT
92Khammam
93Bhadrachalam
94Kothagudem
95Madhira
96Sattupally
97Yellandu
XIKRISHNA DISTRICT
98Machilipatnam
99Avanigadda
100Bantumilli
101Gannavaram
102Gudivada
103Jaggayyapet
104Kaikalur
105Nandigama
106Nuzvid
107Tiruvuru
108Vijayawada
XIIKURNOOL DISTRICT
109Kurnool
110Adoni
111Allagadda
112Alur
113Atmakur
114Banaganapalle
115Dhone
116Koilkuntla
117Nandikotkur
118Nandyal
119Pattikonda
120Yemmiganur
XIIIMAHABOOBNAGAR DISTRICT
121Mahaboobnagar
122Atchampet
123Atmakur
124Gadwal
125Jadcherla
126Kalwakurthy
127Kodangal
128Kollapur
129Nagarkurnool
130Narayanpet
131Shandnagar
132Wanaparthy
XIVMEDAK DISTRICT
133Sangareddy
134Andole
135Gajwel
136Medak
137Narayankhed
138Narsapur
139Siddipet
140Zaheerabad
XVNALGONDA DISTRICT
141Nalgonda
142Bhongir
143Devarakonda
144Kodad
145Huzurnagar
146Miryalagudag
147Nakrekal
148Ramannapet
149Suryapet
XVINELLORE DISTRICT
150Nellore
151Atmakur
152Gudur
153Kavali
154Kovur
155Sullurpet
156Venkatagiri
XVIINIZAMABAD DISTRICT
157Nizamabad
158Armoor
159Banswada
160Bodhan
161Kamareddy
162Yellareddy
XVIIIPRAKASAM DISTRICT
163Ongole
164Addanki
165Chirala
166Darsi
167Giddalur
168Kandukur
169Kanigiri
170Markapur
171Parchur
172Podili
XIXRANGAREDDY DISTRICT
173Chevella
174Ibrahimpatnam
175Medchal
176Pargi
177Tandur
178Vikarabad
XXSRIKAKULAM DISTRICT
179Srikakulam
180Itchapuram
181Kotabommali
182Narasannapet
183Palakonda
184Palasa
185Pathapatnam
186Rajam
187Sompet
188Tekkali
XXIVISAKHAPATNAM DISTRICT
189Visakhapatnam
190Anakaplle
191Bheemunipatnam
192Chodavaram
193Gajuwaka
194Narsipatnam
195Yellamanchili
XXIIVIZIANAGARAM DISTRICT
196Vizianagaram
197Bobbili
198Cheepuruplli
199Gajapathinagaram
200Kothavalasa
201Parvathipuram
202Salur
203Srugavarapukota
XXIIIWARANGAL DISTRICT
204Warangal
205Jangaon
206Mahaboobabad
207Mulug
208Narasampet
209New Delhi.
210A.P. Administrative Tribunal, Hyderabad.
211Central Administrative Tribunal, Hyderabad.
212Mancherial, Adilabad District.
213Railway Kodur, Kadapa District.
214Alampur, Mahaboobnagar District.
215Voters residing outside the State of Andhra Pradesh.

Wednesday, October 27, 2010

How to drive a CAR

How to drive a CAR

Maruthi 800 Car
Many people used to go to driving Schools to learn car driving. I am doubtful how far they learn driving in a perfect manner.

Today I am happened to visit a Driving School along with my friend who is learning driving. I sat on the rear seat of the maruthi 800 car. Which is used to teach driving. I was there about half an hour. I could not satisfy with the teaching and assistance of the teacher who is teach to my friend. I asked my friend is the same daily. He told yes. I thought that many of our friends are not having proper guidance in driving and lack of technical knowledge about car driving. Which prompted me to write this article.

DRIVING A VEHICLE:
First one must know about a geared vehicle.
A geared vehicle is one. which runs by a motor and the transmission is with gears. Transmission means giving power ( motion ) from engine to load ( wheels of vehicle ) it is through gears. First when the vehicle starts from inertial state to motion state it requires more power to rotate the wheels. As such the vehicle should placed in load gear i.e., first gear. In first gear the speed of the engine will be more and the speed of the vehicle will be less. Hence the vehicle moves with great power. when the vehicle moves on the road the vehicle will move to speed with less power, then we have to shift to second gear. later third and so on as per the availability of gears of the vehicle. We must understand that first and second gears are known as load gears and third and fourth gears are known as speed gears. As the speed of the vehicle increased we should change the gears one two three so on. when the vehicle is forced to drop speed means when you controls the speed by applying break then as per the speed we have to change the gear to second or first and again raise to up words.



car outlook.

Sart with key

steering

clutch, breake, accelerator


gear rod

mirror



1.Foot brake, 2.Clutch, 3.Steering, 4. ignition Key 5. Hand brake.


The person who know motor cycle driving can easily drive a car:


The driving of a motor cycle with gear is a similar to that of a car. The deferences are in the case of a motor cycle:
1) One must maintain balance.
2) One should find way to motor cycle to the extent of clearance of a little more than a pediatrician.
3. One should know the clutch releasing Technic and accelerating and apply of break after the application of break keep the leg on the floor etc.,
In the case of a Car:
No.2 of the above point is important. One should see the clearance of road more than the width of car. The Driver of a car sits at right side of car. So right side cab be seen to the edge. But to the left of the car. Driver must be careful, because he should have imaginary view of left. It will develop after regular driving.
No3 of the above is less or more equal to that of a motor cycle. But if you are not having knowledge of two wheeler you have to develop gradually.
Release of clutch and application of accelerator should practice more carefully. One should know the relationship of a clutch and accelerator. Than only can drive perfectly.
Language of a car: Always car speaks to you. You must understand its language. When you are driving a car. The engine sound should be gradual increased. But it should not be ups and downs. If you raise the engine without providing proper load it will cry. A smooth driving of a car can clearly say by observing the engine sound. This is the clue to learners. If you are able to hear the car and understand you will be a good driver.
Do's : Always use clutch to change gear.
Use clutch when you apply break.
Release of clutch and application of accelerator are inversely proportionate.
Do not's
Do not change the gear without applying clutch.
Do not apply break without clutch.
Do not move the car without releasing hand break.
How to start car from stationary to motion.
1.release the hand break.
2. check the neutral position of gear rod.
3. start the car by moving ignition key.
4. Completely press the clutch liver.
5. move the gear rod to 1st gear.
6.gently release the clutch by moving your left leg upwards and at the same time press the accelerator gently so as to move the car slowly towards forward direction.
7. See the road clearance before turning the steering.
8. After reaching a little speed press the clutch liver and change the gear to 2nd gear position and release the clutch again and maintain the accelerator. like the same way apply other speed gears.
9. Whenever you slow downs the car by applying break in traffic immediately depending on the speed change to a lower gear. If the car stops start from first gear again.


Have insurance and the paper to prove it.
Make sure somewhere in your checklist when you exit the vehicle that you turn off the lights.
Have your license with you.
Avoid parking illegally, your car may be towed, or you may be cited and have to pay a fine.Be courteous to the others on the road.
Don't run red lights.
Be safe and follow all the posted and implied laws while driving.
Make sure you practice uphill starts when learning to operate a manual transmission. Because starting a manual transmission from a stop requires letting off the brakes and engaging the clutch (essentially placing the car in neutral), the car will roll backwards until first gear is engaged. To stop this from happening, apply the hand/parking brake, then release it as you release the clutch and the car begins to move forward. Otherwise, you risk rolling into the car behind you. Practice this technique on a sloped driveway or parking lot where it's safe to make mistakes.
Never shift into low gears at high speeds (i.e. 1st gear at 50mph). This will greatly damage or destroy your cars engine and transmission.
This is by no means a replacement to going to drivers ed.!
Always wear a seatbelt!
Always use your turn signal, and use low beam headlights when there is an approaching vehicle or when there is a vehicle in front of your vehicle.
Make sure you're in the CORRECT lane while driving.
DO NOT drink and drive. You could kill yourself or someone else.
Avoid the temptation to use your mobile phone, a few seconds distraction can cause a serious accident, so the best way to do it is turning off your cellphone until you get to your destination.


Maintenance:
Fuel Tank: To any vehicle maintenance is one of the impotent thing one should notice. In two wheelers the oil cock will have tow out puts viz. open and reserve. But in car no such facility is there. The petrol from the tank will have direct connection to the engine. One meter will be there indicating the level of the Fuel tank. Before going to any trip first check the fuel level.

Air pressure in Tyres: On par with fuel tyre pressure is also checked frequently.


Periodical checks: Engine oil, break oil, collent in radiator, etc., should be got checked by a known mechanic.

Monday, October 11, 2010

Sunday, October 10, 2010

Is the present Registration system in India safeguarding rights of parties.

Comparatively old system of registration of properties in India mainly in A.P. is changed.  But till it is having some loopholes which the litigants misusing them.  To over come with the same I am suggesting some solutions.
Endorsement on the link document.
G.P.A. status
Extent of ownership

Saturday, October 9, 2010

FUNDAMENTAL DUTIES

FUNDAMENTAL DUTIES



These Fundamental rights have been provided at the cost of some fundamental duties. These are considered as the duties that must be and should be performed by every citizen of India. These fundamental duties are defined as:


It shall be the duty of every citizens of India: -


  • To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
  • To cherish and follow the noble ideals which inspired our national struggle for freedom;
  • To uphold and protect the sovereignty, unity and integrity of India;
  • To defend the country and render national service when called upon to do so;
  • To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
  • To value and preserve the rich heritage of our composite culture;
  • To protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;
  • To develop the scientific temper, humanism and the spirit of inquiry and reform;
  • To safeguard public property and to abjure violence;
  • To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.

FUNDAMENTAL RIGHTS

FUNDAMENTAL RIGHTS



The Fundamental Rights embodied in the Indian constitution acts as a guarante that all Indian citizens can and will lead their lifes in peace as long as they live in Indian democracy. These civil liberties take precedence over any other law of the land. They include individual rights common to most liberal democracies, such as equality before the law, freedom of speech and expression, freedom of association and peaceful assembly, freedom of religion, and the right to constitutional remedies for the protection of civil rights such as habeas corpus.


In addition, the Fundamental Rights for Indians are aimed at overturning the inequities of past social practices. They have also been used to in sucessfully abolishing the "untouchability"; prohibit discrimination on the grounds of religion, race, caste, sex, or place of birth; and forbid trafficking in human beings and also the forced labor. They go beyond conventional civil liberties in protecting cultural and educational rights of minorities by ensuring that minorities may preserve their distinctive languages and establish and administer their own education institutions.


Originally, the right to property was also included in the Fundamental Rights; however, the Forty-fourth Amendment, passed in 1978, revised the status of property rights by stating that "No person shall be deprived of his property save by authority of law." Freedom of speech and expression, generally interpreted to include freedom of the press, can be limited "in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence"


Here we have defined the six fundamental rights as per the constitution of India:-


INDIAN CONSTITUTION




PREAMBLE OF INDIAN CONSTITUTION



WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:


JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;


IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION. 


Purpose of Having a Preamble:


The Preamble to our Constitution serves two purposes: -


A) It indicates the source from which the Constitution derives its authority;
B) It also states the objects, which the Constitution seeks to establish and promote.


The Preamble seeks to establish what Mahatma Gandhi described as The India of my Dreams, "…an India in which the poorest shall feel that it is their country in whose making they have an effective voice; …an India in which all communities shall leave I perfect harmony. There can be no room in such an India for the curse of untouchability or the curse of Intoxicating drinks and drugs. Woman will enjoy as the same rights as man."


Tuesday, October 5, 2010

Guide to Junior Advocate:

I would like to write guidelines to Junior Advocate.  I invite Senior Advocates to participate in this column so as to enable Juniors to know more about court and law.

Caveat

Caveat: A Caveat is an entry made in the books of the offices  of a register or court to prevent a certain step being taken without previous notice to the person entering the caveat. In other words, a caveat is a caution or warning giving notice to the court not to take any step without notice being given to the party lodging the care at. It is very common in testamentary proceedings. It is a precautionary measure taken against the greater of probate or letters of administration, as the case may be, by the person lodging the caveat.  Section 148-A of the code of civil procedure  provides for lodging of a caveat.


Object:  A caveat protects the caveator’s interest. The caveator is already ready to face  the suit or proceedings which is expected to be instituted by his opponent. Hence no ex-parte order shall be passed against the caveator. The caveat avoids multiplicity  of proceedings. Thus it saves the expenses costs and conveniences of the Courts.


Examples:  A is owner of a house-site. He wants to construct a building He got the permission  from the Municipality. A started construction. Meanwhile, B the neighbourer  claimed some of the land of A and objected  the construction, on the pretext of some bias, immediately on the day of threatening itself. A filed a caveat against B in the competent civil court praying the Court to give him a notice before passing any interim order or relief in case if B files any application before the Court, so that  he could give the answer to the claim of B.


Form:  No form is prescribed for the caveat. The caveator may file a caveat in the form an application or petition before the court submitting the cause of action giving the name and description of the opponent. The copy of the application shall be sent  to the opponent party in advance by Registered post Acknowledgement due, before filing it in the court.


Right of the Caveator:  A caveat protects the interests of caveator.  The court must give a notice to the caveator or to his advocates. If the opponent  party files proceedings/application for the interim order. The court shall not give any ex parte interim order to the opponent party without hearing the caveator.


Time Limit:  The caveat will remain in force for 90 days from the date of filing.

Important Points:


1.   Caveat can be filed only to oppose the application and not to support.
2.   Notice  upon the caveator  filing the date of hearing of the application is a must. It is a mandatory under the Section 148-A
3.   Section 148-A applies only to trial courts, but not appellate courts
4.   In the execution of the decree 21, Orders 22 and 37 enact for the issue of a notice to the judgments debtor, under some given circumstances. This gives  the meaning that in cases not covered by such provisions, notice of execution is not necessary. Therefore, the judgment debtor is not entitled to a notice of an execution of a decree  at the initial stage by lodging a caveat anticipating such an execution.
5.   In Reserve Bank of India Employees Association Vs RBI  the plaintiffs filed a caveat before the court. The court before expiry of 90 days, issued an interim ex parte order against the plaintiffs without serving them a notice  and without hearing them. The ex parte interim order was held to be bad by the Supreme Court.
  

The first All India Bar Examination,










The first All India Bar Examination, to be conducted on December 5, 2010 is intended to test an advocate’s ability to practice the profession of law in India. As this is the first time that this examination will be conducted, it will assess capabilities at a basic level, and is intended to set a minimum standard for admission to the practice of law; it addresses a candidate’s analytical abilities and basic knowledge of law. All students graduating from academic year 2009-10 onwards need to clear the All India Bar Examination in order to practice law in India. Students who graduate in 2009-10 can take the All India Bar Examination scheduled on December 5, 2010.
One can apply to take the All India Bar Examination only after being enrolled as an advocate with a State Bar Council. There is no limit to the number of times one can appear for the All India Bar Examination.The All India Bar Examination will be conducted on a bi-annual basis every year in April and November. The Bar Council of India will notify dates for these examinations. In the event of not clearing the All India Bar Examination in the first attempt, one can appear for it the next time and clear it to obtain the Certificate of Practice.The advocate  can work as a trainee advocate with an advocate or firm.  The advocate can continue with such assistance and learning, but will not be allowed to actually practice law themselves (file a vakalatnama, issue opinions etc.) till they clear the All India Bar Examination.
           Advocates who have registered for the All India Bar Examination may bring in any reading materials or study aids that they choose, such as the preparatory materials provided for the All India Bar Examination, textbooks and treatises, and even handwritten notes. Advocates may not bring in any electronic devices, such as laptop computers, mobile phones, or any device equipped with a radio transceiver (such as pagers) to the examination centre.The minimum required score to clear the All India Bar Examination is 40% (that is, 40 out of 100).