My Thoughts on National Court of Appeal – Indian Judiciary

National Court of Appeal

Mainstream regularization won’t be worthy as it would only result to stubborn disobedience.

The very right to fight for justice these days is for the poor only when you have Supreme Court taking it up.

Violence based on theoretical interference can only force unobstructed structural violence.

The Supreme Court’s occupational capacity mustn’t be increased.

Simultaneously, time spent in refusing the court cases should be followed sincerely by reputed structures. And, I have come up with an intermediary solution for this.

Each state would have a template on petitioner obligation.

It implies, prior to taking a petition in the court (Supreme Court), applicant’s written statement should be mentioned.

Then, if the applicant is unable to carry on the related adjoining procedures needed, he would face the consequences in the future cases that are to be carried in his stewardship.

It implies in case the petition forwarded cannot be duly justified through petitioner’s action then, as per the very procedures laid by the parliament- future cases based on his findings would be delayed.

Added to it, filing of cases could be individual. In case the layer is not obliged to take the writ, he would have to go through a similar written statement.

It implies whenever a fake or faulty writ would come to him, he won’t allow petitioner to file his case in the Supreme Court.

Such a situation calls for finding of resultant statement & its recording in the lower court house through judgement. It means each case would be filtered thoroughly through principles of the legal regulations.

The reasons behind such an indifferent attitude would only result in the warning of not wasting Supreme Court’s time on each petitioner citing it’s vital for justice via action.

Besides, there would be some provision for a person if he feels that nobody would be taking his case to hearing yet is positive about securing justice on his own. Then, he would have to record lawyers’ statements citing reasons to not take his case & submit the recordings to lower court that would consequently extend a recognized and suitable attorney to assist him in filing his case.

Such situations imply that the individual won’t be able to pick his lawyer but it’s lower court that will determine the lawyer for him on the basis of his case merits.

It lays the road for proper utilization of court’s time and I feel this way around 30 percent of courts time would have better utilization.

Supreme Court, generally, follows 3 optional days of judgement in one calendar year.

During these 3 days, Supreme Court looks into all the cases filed by the petitioner.

Thus, the period of waiting would compel a petitioner to withdraw his case on the basis of unnecessary daunting procedures or he would possibly lay down recorded hearings.

Besides, for each judge holding a position in Supreme Court, he will have to appear for the attorney hearings (national) on one specified day.

It implies, judge would appear to hear the undeformed cases especially on this specific day every month.

It also says that judges won’t attend more than 3 cases on that day.

Moreover, frequent method deployed in transferring case right from additional general attorney to higher bench must be customized as per additional needs to avoid deferred actions.

This is how; each case would just be ready solely when it requires proper maintenance of procedures as disbursal mechanism.

I have thoughts on the Chief Justice as well. I feel that he should be supported via subsequent elevation for bringing thoroughness from decree brought via delaying mechanisms.

Thus, each elevation would ask for a nod from chief of Supreme Court to appeal for the structure of tribunal that would just hold the power of decentralizing the huge burden via written description.

In regards to the tribunal that is in charge, it would have to sincerely abide by policies that are laid down by the honorable Supreme Court & have to make sure that maintenance of vital assignments is duly conducted through mistakes which are common during the promotions.

It would be best to just recommend the needed suggestions on the basis of foundation of a written support in favor of a candidate via answering recommended suggestions.

Yes, high court fellows will have their mental agony but that must be handled by certain footsteps via which separate jurisdiction would look into their increments & meaningful aspects pertinent to the disbursement of the tasks.

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Article Source: http://EzineArticles.com/expert/Karnati_Kiran/2376288

 

The Value of Law in Our Lives and Society

It is known by all that law is an essential part of a society. It helps to make a society trouble free and peaceful. Law is made by humans in order to change the society with the introduction of equality, justice, and fairness.

Man has made laws, so being a maker we must follow laws too. Government and courts have set these laws and they are applicable for every citizen of a country. Victims are protected by law, whereas criminals are punished by it. You must obey law to avoid its consequences.

Law is very important for a society, for not only maintaining peace but also to control systematic lives of the people. Law protects a society from anarchy, chaos and disorder. Criminal actions like trespassing, rape, steal, damage, bully, murder and terrorism are controlled by the Law. This saves the society from every criminal act.

Disasters can be caused if people live in a society and start doing things according to their wills and principles. The Law helps to prevent people from doing actions what they want. A mentality of taking revenge will be created among the masses which may turn into unlawful acts. A society will be full of illegal actions, crimes and murders, if there is no law. Rules help a society to consider even a small problem to avoid its bigger consequences in the future.

A simple waste disposal may kill many people, if not prevented now. Cleanliness will not be maintained by people, if there is no such rule. People will find their own ways of living and survival, if they are not bound by laws. A war zone can be created in the world. Laws not only maintain peace in the society but also help to run the human race without any disturbance and in proper order.

A good relationship with each other in a society is regulated by a system of laws. Conflicts are also settled down by the means of law. The respect for human rights is ensured by this procedure of rules and laws. A society can function efficiently and properly only because of the presence of laws. Crimes are being stopped to become an everyday happening with the help of laws, so that children do not grow up finding the crimes to be normal. Future generations of the human race are safe and protected because of strict orders and laws.

So, laws are not only important in the society, but also in human lives.

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Article Source: http://EzineArticles.com/expert/Naman_R_Sanghvi/1316740

 

Legal Aid Society – What It Is

This organization offers low-cost or free legal services to residents who have low income. The cases legal aid society handles and the guidelines for qualifying for any legal services differ by jurisdiction. The funding for this organization can come from national, regional, or local services. Legal aid society is usually a not-for-profit organization. The organization will generally have a board of directors that will determine what type of cases will be handled as well as who will qualify to receive their services. There are full-time staff attorneys that work for legal aid society. Some licensed attorneys that may offer their services. They may take a limited number of cases pro bono each year.

Some of the typical civil cases that legal aid society handles include but are not limited to:

• Landlord-tenant disputes
• Domestic abuse protective orders
• Bankruptcy
• Family law-divorce, domestic violence, and child support
• Immigration-securing the appropriate documents in order to remain in the United States, contest deportation
• Elder law-preparing wills, health care proxies, powers of attorney, helping them apply for public benefits

The cases they do not handle are criminal cases. The services offered by legal aid society range from advice and information to representation throughout the entire case. Sometimes seminars are offered to help inform the local residents about their legal rights. They will also answer basic legal questions at seminars.

Although the process to determine eligibility varies by jurisdiction, there are general steps that have to be taken in each case. The main step is to do an evaluation of the client’s assets and income. The reason is that in order to qualify for a pro bono attorney their total household income has to fall below a threshold that has been pre-determined. In the case of domestic violence or divorce situations, legal aid society may consider the spouse’s income to determine the household income. This can happen if it appears that the client does not have access to the spouse’s income. The one exception to meeting low-income requirements is victims of domestic violence, as legal aid society does not usually verify their income. The reason is that a victim of domestic violence may need urgent legal assistance like getting a protective order against the abuser.

If the applicant meets all of the eligibility requirements, the services they receive from legal aid society will be free of cost in most cases. A client may still have to pay the mandatory filing fees but there may be a fee waiver. This waiver is a request that is filed by the client requesting that the court waives the filing fee for their case. The court will generally waive the fee if they determine that the client is unable to afford the filing fee.

This article is penned by Lora Davis for Miley Law who have their law offices located in Las Vegas. If you are someone who needs a Las Vegas child custody lawyer or an out of state dui lawyer then you can call Miley Law at (702) 942-0600 and seek a suitable appointment to discuss your case.

Article Source: http://EzineArticles.com/expert/Lora_Davis/2146280

 

Types of Insurance Fraud

Insurance fraud is when deception is involved in the process of insurance. It could be a case when someone makes a fake claim from an insurance firm. It could also be when the insurer refuses to pay the claimant. Statistics have shown that the number of insurance frauds committed globally is rising.

The motive behind insurance frauds is greed. People are always looking to make a financial gain through insurance fraud. There are cases where people over-insure their property. Then they destroy it intentionally to claim insurance.

Types of insurance frauds:

Life Insurance:

Individuals take policies to insure their lives. When there is a reasonable amount due, they fake death and their beneficiaries claim the amount. They may appear after a few years and claim that they are suffering from memory loss.

Health Insurance:

This is when the claimant furnishes false information to the insurance company so as to avail benefits from them. Insured people commit this type of fraud in a number of ways. Some common ways are:

• Allowing the use of their policy information by someone else.

• There are cases where people claim the amount incurred for paying for prescriptions which are not prescribed by their doctor.

Medical providers commit this type of fraud as well. They may bill for services they have not provided supplies they may not have used or even altering existing claims.

This type of fraud is committed by health insurance companies also. They may delete the claims from their records, they may not pay the claimants or even deny the coverage for genuine parties.

Automobile Insurance:

In order to claim insurance, people stage accidents and collisions. It is also claimed when people report thefts of cars. It could also be claimed for a damage that existed before the policy was taken. Sometimes people claim coverage for an accident that may have occurred prior to taking the policy.

Property Insurance:

In this case, people damage their properties to make a claim. Sometimes they destroy goods which are not very valuable and make a claim for a higher amount. Individuals even fake theft in order to make a claim. Sometimes people claim the second insurance after having been covered for their losses by one insurance Company.

Insurance frauds affect the society as a whole. Fraudulent claims make insurance companies incur heavy losses. In order to make up for these losses, these companies raise the premiums of the honest policyholders. Hence, honest citizens pay a price for no fault of theirs.

Frauds in Insurance claims have become a common feature. To know more about how to avoid them. visit here.

Article Source: http://EzineArticles.com/expert/Kanika_Saxena/2335315

 

3 Ways to Search for the Best Whistleblower Lawyer

Whistleblower lawyers are the one, who exposes wrongdoing in the health care industry and bring unlawful activity to the attention of the court and the government.

Whistleblower lawyers who expose crime of an individual that is deemed to be illegal within the healthcare industry. They strive hard to bring false allegation to the light of the government/court. Whistleblower lawyers work under the False Claims Act (FCA) in order to punish those people, who deceived the system. The FCA allows individuals to file a lawsuit against criminals who have some in many ways swindled the government. The legal lawyers discover fraudulent activities against the government and blow a whistle on the perpetrators.

A whistleblower determines the interest of an innocent and protects him/her from being falsely accused. The lawyer exposes the violation of statutes, rules, and regulations that appear to be a threat to the financial health. If you are looking for the best whistleblower lawyer, then here are a few tips, which you should consider while choosing a whistleblower lawyer/agency:

Experience: A lawyer who has acute knowledge and expertise in handling the lawsuits related to whistleblowing. Whistleblower lawyers should have experience in handling Qui Tam Cases in the past. There are numerous online legal firms, it is advised that one should not rely on those firms who do not have specific lawyers for handling qui tam lawsuits or fail to mention that their lawyers have won civil cases. Before hiring any potential whistleblower lawyer, check whether they have won any qui tam cases in the past.

Analytical skills: A legal lawyer should have a proper skill set or analytical skills that can help them to investigate the accuracy of the case. There are online law firms that claim that their specialized lawyers handle lawsuit related to FCA, which any ordinary lawyer can also handle. Therefore, it is extremely important for you to ensure that the lawyer can handle any typical case with confidence. The lawyer should effectively communicate and must possess personal qualities to litigate the case very well.

Guidance on the risk: A good whistleblower lawyer counsel/advise an individual in different legal considerations and save from false allegations. The lawyer would share transparency in the case and help avoid any type of pitfalls. Whistleblowing is a stressful activity. It can create a problem for the lawyer and put livelihood, reputation, and personal relationships into risk. The lawyer who stands for truth and justice had can face familial discord.

This article throws light on how the healthcare whistleblower exposes illegal/misconduct being practiced by a physician, practitioner, provider or corporation in the healthcare industry.

Article Source: http://EzineArticles.com/expert/Luke_Harper/1765128