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- Law Update -

01

Ajmer court claims as Ajmer Dargah was once a Shiva temple

A legal plea has been filed before an Ajmer court alleging that the iconic Ajmer Dargah, the pious abode of the Sufi saint Khwaja Moinuddin Chishti for the devotees of the seer, was once a Shiva temple. The controversy has gained much steam and raised questions about the history and religious aspects of the dargah. This plea to reclaim the place as a holy site of Hindu worship is provocative and does not help in reducing the tension between different religious groups but will get its bells ringing in the broader narrative of India's cultural heritage and layers of history.Historical Importance of Ajmer Dargah Ajmer Dargah, which is located in the state of Rajasthan, is one among the major pilgrimage centers for Muslims across India. It is the final resting place of Khwaja Moinuddin Chishti, who is regarded as one of the most revered Sufi saints and who introduced Sufism to India in the 12th century. For hundreds of years, the Dargah was a symbol of interfaith harmony and attracted pilgrims of all faiths, including Hindus, Muslims, Sikhs, and others. Today, millions of people visit the shrine every year to seek their blessings and prayers at the saint's grave. Claim: Dargah as a Shiva Temple A fresh petition contests this long-standing religious identity of the Ajmer Dargah - alleging that the structure was originally a temple dedicated to Lord Shiva. The plea claims that historical and archaeological evidence established this temple existed even before the Dargah was constructed. The plea sought for a survey of the site to arrive at its origins and a declaration that the Dargah was originally a Hindu temple. The petitioners here submitted that the Dargah was a prehistoric Shiva temple from the medieval times and, therefore should be restored as a place of worship for Hindus. They further prayed that Hindu ritual practices should again commence on the site and that prayer should be made to God Shiva; this, according to them, is precisely what the site was intended for. Legal as well as Religious Implications The filing of this plea has raised very significant legal and religious questions. On legal grounds, the case resembles those other high-profile cases related to religious sites in India, like the case relating to the Babri Masjid-Ram Janmabhoomi at Ayodhya. There's an eminent potential for giving a handover to the communal and radical parties since the issue directly affects the sentiments of two religious communities. Much like the disputed site at Ayodhya, the Ajmer Dargah has been an icon of coexistence of religions. In case it is severely disrupted, social consequences can be very far-reaching. Wider Religious Site Disputes Context. It is an example of a larger Indian trend: places of worship have become fertile ground for contesting their histories. Such claims, often based on an interpretation of history or religious texts, have led to litigation and, in some cases, social unrest.

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02

Doctors Warrant Protection from Vexatious Litigation

In a latest judgment, the Bombay High Court has focussed on protecting the doctors from frivolous and unjust criminal prosecutions. Showing concern over increasing criminal cases against doctors, the court points to the potential detriment such criminal prosecutions may have upon the medical profession and the health care system at large. The judgment reiterated that doctors should not undergo criminal prosecution except in cases of gross negligence or willful misconduct.Case Facts and Observations The case discussed here dealt with a case of alleged medical negligence against an attending practicing doctor that led to a criminal complaint. The Bombay High Court observed that the grounds for complaint were very weak and did not merit criminal prosecution. Here, the Court pointed out that doctors, like all professionals, require accountability for their mistakes but at the same time observed that law cannot be used as an instrument for harassment. The court further noted that such cases are not only bad for the individual doctors but also for the medical profession as a whole. Frivolous complaints deter doctors from taking on tough cases, which may result in depriving needed medical care to patients. Legal Framework and Protection for Doctors This Bombay High Court case has highlighted the jurisprudential principles regarding medical negligence. This is so in a series of landmark decisions the Supreme Court of India laid down, holding that doctors cannot, under Section 299 of the Indian Penal Code. This nature of medicine, per se, is one of uncertainty and risk. Even a medical professional exercising reasonable care and skill can make mistakes. The court restated its position that prosecution for medical negligence should only be instituted after preliminary investigation by medical experts on whether the doctor's act was in concordance with the accepted standard of medical praxis. If the doctor followed the standard procedures and acted bona fide, he should not have been subjected to criminal proceedings. Effects on the Healthcare System Rising criminal complaints against doctors draw broad implications for a health system. The possibility exists that doctors may begin to shun the treatment of high-risk patients or complex surgeries in a bid to avoid litigation. The Bombay High Court judgment aims to find an equilibrium between the need for medical professionals to be accountable and the need not to harass them unnecessarily. In an atmosphere that does not fill the courts with frivolous prosecutions, by limiting such frivolous prosecutions in the first place, the Court has managed to give a living legal environment in which doctors can practice without the constant fear of litigation leading, in turn, to better healthcare for all.

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03

Punjab and Haryana High Court Takes Suo Motu Cognizance after Man's Suicide at Golden Temple

In a shocking incident in the Golden Temple in Amritsar, a man shot himself dead using the firearm of a security officer assigned to a judge. Incidentally, the suicide occurred while the judge was visiting the revered shrine to pay respectsIncident Summary The incident happened inside the premises of the Golden Temple, an important place of religious worship for Sikhs around the globe. According to reports, a man managed to get hold of the weapon of an officer armed with a security guard escorting a judge who was visiting the shrine, and in a tragic twist of destiny, used it to end his life. So far, there had been no case in which the man was identified either by the visiting judge or by the security team. High Court's Suo Motu PIL The Punjab and Haryana High Court did not waste any time. The seriousness of the matter could be gauged by the very fact that this is being dealt with by the judiciary, what with a sitting judge and a weapon belonging to a security officer. The PIL seeks probe into the circumstances leading to the man's suicide, keeping in its focus on the lapses in security that led to this happening in the highly secured and sensitive location of the Golden Temple. The court also wants to go ahead and examine the process carried out by security personnel when accompanying judicial functionaries, like judges and others, so that such a thing will not happen again in the future. This is a fairly significant incident as it concerns both a high-profile religious place and security measures in place for members of the judiciary. Important Issues A few important issues come up from this sad incident: Security Flaws: The first issue that comes to mind is the supposed security breach that allowed an unknown person to have access to a gun. Such an incidence always pushes one to think about the procedure that was followed with regards to the arm and security measures in place. Mental Health Awareness: His reasons for doing so are still unknown, but an incident of this kind puts into focus the present pressing need for mental health care services and suicide prevention programs. Involvement of Judiciary: The indirect link of the judge to the happening very definitely calls for stringent procedures on security arrangements concerning judiciary members in the public realm. .

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04

AIBE Eligibility Update: Final Semester Law Students Allowed Unenrolled; 9th and 5th Semester Candidates Not Included

Bar Council of India (BCI) has relaxed the no. of students appearing for All India Bar Examination (AIBE). It has, therefore, allowed final semester law students to appear for the AIBE without prior enrollment. The important candidates who can take benefit from this are those law students who are in the final semester of the 5-year LLB course which includes 10th semester law students and those law students who are in the final semester of the 3-year LLB course which includes 6th semester students. This crucial step shall further ease the process for law graduates who are all set to close their academic door, without further delay, to sit for the exam and get ahead in their legal profession. However, it's not the same for those students who would write out their final semester as 9th semester students of the 5 year programme and 5th semester students of the 3 year course are still disallowed from sitting for AIBE. The All India Bar Examination: Its Concept and Importance The AIBE is a qualifying examination made compulsory for every aspiring advocate who aspires to practice legal profession in India. Designed to test the candidate's knowledge and understanding of legal principles at the foundation, they traditionally needed to get enrolled with the State Bar Councils concerned before sitting for the AIBE, thus virtually ensuring that only law graduates or students in their last year of study could apply. However, to make room for the high demand of flexibility and also law students in the last stages of their academic or studies, the BCI deemed it prudent to alter the rules to allow those studying at a final semester stage to be allowed to sit for examination. Key Amendments and Eligibility Under the new rules, students who are currently in their 10th semester of the 5-year integrated LLB course and those in the 6th semester of the 3-year LLB program, can now register for the AIBE even before they finish their degrees or enroll with a State Bar Council. But this relaxation does not affect a student who is in his or her 9th semester from the 5-year course or the 5th semester from the 3-year program. At that time, he or she would be allowed to appear for the AIBE only when he or she reaches his or her final semester or completes his or her degree. Consequences for the Law Student It is positive change in the scenario for students who have only their final semester left as it will allow them to appear for AIBE, along with preparing for which, will accelerate the entry into the field of law. The advantage might be significantly high for already-prepared and keen students, who are eager to reduce waiting time after graduation for the commencement of their practice in law. Whereas, in case all the students of 9th and 5th semester are excluded from appearing for the exam, only those would be left for appearing for the exam who have nearly completed their legal education. In all likelihood, BCI regards this as a step to retain the class and preparedness of candidates appearing for AIBE.

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Hire Lawyers Online for Legal Consultation in India

In the digital era today, having access to legal expertise online has become the choice of every being. There is an option to hire legal advisors, advocates or lawyers online for legal consultation in Delhi or NCR, be it individuals or businesses, anyone can easily get legal suggestions for their complex legal matters from the comfort of their homes or workplace. Online legal consultation in India has opened up various opportunities for the clients like getting advice whenever required, problem-solving with efficiency, and cost-effective or pocket friendly solutions accustomed as per your specific needs. Whether seeking help for drafting a deed or contracts, having to resolve disputes, or get rid of compliance issues, online legal consultation services offer a practical and reliable solution which maintains privacy of the client while addressing their legal concerns.

What is the difference between legal advisor and legal consultant?

While the phrases "legal advisor" and "legal consultant" are often used to denote the same thing in the eye of a common man, they have quiet huge distinction between them. A legal advisor usually provides assistance for guidance and support to individuals or businesses even organizations on various legal matters, such as giving insights into potential risks involved like acts which might be forbidden by law, requirements for compliance, and strategic decision-making, for example who should be the power of attorney in absence of the head of the family or business. On the other hand, a legal consultant may offer support that is backed by specialized expertise on particular projects or cases, they provide expert opinions, analysis, and recommend the right thing to do in order to achieve the desired results within a defined scope of work which will be aligned by the laws. Both legal advisor and legal consultant play crucial roles in providing valuable legal assistance, legal consultant is the bigger circle where he could be legal advisor along with being a consultant, on the contrary it is not the same for legal advisor.

Why are Legal Services Important?

Legal services are quite important for a smooth functioning of the justice system as it safeguards the rights, ensures justice, and upholds the rule of law in a civilized society. From drafting of deeds to resolving disputes outside the court room and advocating for justice and what is fair, legal services covers a wide spectrum of things which aims at protecting individual and collective interests of the society. Access to legal services is not only essential for an individual but it is the fundamental right of a person which is given by our constitution under article 21 and as per the DPSP (Directive Principles of State Policy), no one can be denied of the legal representation of he is unable to find a lawyer to represent himself. By giving legal services or even advice, lawyers and advocates contribute to promoting justice, fairness and maintaining stability in a civilized society.

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There are multiple-benefits of hiring a lawyer or having an advocate by your side it not only gives you a strong legal representation in the court room but also outside the court, it gives tremendous support, expertise, and advocacy customer made for an individual’s needs. First of all, lawyers are specialized in the field in which you require legal assistance and have experience in various other legal domains, which help to give you a strategic win and advice for any future acts. Secondly, lawyers will represent in not only inside the court but also outside by being a mediator or a conciliator, and putting forward your contentions and wishes. Additionally, lawyers offer assistance and support throughout the whole legal proceedings, drafting legal documents such a deeds or contracts, while ensuring compliance with applicable laws. Overall, hiring a lawyer will not only benefit you while being in a dispute but also provide you a peace of mind for having a support backed up for you.

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Online legal consultation means connecting to an advocate or a legal expert through phone or whatsapp or any medium in relation to internet where you can get the consultancy without visiting the office of the advocate physically. In other words, it is connecting and getting the answers of all your legal queries from highly qualified lawyer and advocate specialized in your legal area of interest. For online legal consultation go to the website of LawChef or reach us through our contact details that is mentioned in the website as well as in our social media like Instagram, Linkedin and facebook page.

Yes, online lawyers and advocates are highly qualified and well experienced in their fields. They are well versed in the fields that you want to question about. The advocate holds degree of law from the reputed law college in India and are a legal practitioner who are well versed with the legal knowledge.

Right to privacy of identity falls under article 21 which guarantee a person that they can keep their identity private in case they do not want to reveal their personal information. We value your identity privacy and understand the need, If, you tell your lawyer that you do not want to share your identity or go public with your identity and explain the reason behind your privacy, he is bound by law to keep your identity private.

Yes, if you choose to revisit LawChef for another online consultation or even opt for another phone call, you will able be talking to the same lawyer you have talked to with previously with a simple request and LawChef will efficiently schedule a call with that same lawyer again, ensuring continuity and consistency in your legal advice experience, so you would not have to repeat yourself to other lawyers and it will be a smoother transaction.

Nowadays everyone is surfing online and we have created a user-friendly portal for our clients as well as customers, it has made the consultation quite friendly and hassle free due to which Online legal consultants or lawyer for online consultation have surged significantly. Moreover, online consultations from a lawyer will provide a private space for both the client and Advocate for discussing their legal matters comfortably and confidentially, which is crucial in a attorney client relationship.

It is not necessary for a legal advisor to be a lawyer, but it is always advisable to have a Lawyer who is well qualified to be your legal advisor.

The main purpose of consulting with a lawyer, whether through online platforms or by visiting the office or chamber, is to obtain comprehensive answers to one's legal queries and receiving sound legal advice. Legal consultation opens various opportunities for the client to choose what would be the the right advice for their legal issue, consulting a lawyer would help you to understand your rights and obligations prescribed by the law, and it will provide you safety measures for your next business idea and how you could protect it. By engaging yourself in legal consultations you will be benefited in several ways whether conducted online or offline, these consultations will help you set up your business and will also get you through a civil or matrimonial dispute, your lawyer will give you solutions that will be handcrafted specifically for your legal trouble.

There are convenient options available for people who are seeking online legal consultation from advocates on LawChef. You can either visit the official website of LawChef, which is a user-friendly platform specially designed to provide and maintain seamless interactions between experienced lawyers as well as attorneys and yourself. Or you can contact LawChef via their official contact number which is available on the website and on Google as well, the phone call will be complimented by giving the first 10 minutes of advice absolutely free during which you can asked whatever legal queries you have the advocate will answer you, this will be followed by minimal charges once the aforementioned time limit is over.

You can talk to advocates through Lawchef where you can directly connect to well experienced advocates in various legal field via the call or website. In addition to this LawChef is providing first 10 minutes free consultancy on call in order to help its customer/client as clients are valuable to us and after the completion of 10 minutes minimal charges will be applicable.

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