After retirement, a High Court judge can undertakes private practice of law ?->(Show Answer!)

1. After retirement, a High Court judge can undertakes private practice of law

Write Comment

Comments

Tags

Show Similar Question And Answers

QA->For the first time, the Supreme Court issued contempt notice to a sitting high court judge, for levelling allegations against former judges of the Supreme Court and sitting judges of Madras High Court. Who is that sitting high court judge?....

QA->Who is appointed as the new member of the Supreme Court Collegium after retirement of the second senior most apex court judge Justice B N Agarwal?....

QA->Central Government has recently rejected the Supreme Court collegium"s move to elevate to the apex court Karnataka High Court Chief Justice in the wake of allegations of land grabbing against him and his family. Name of that High Court Chief Justice?....

QA->Former judge in the Patna High Court who has been appointed as the Chief Justice of the Kerala High Court?....

QA->What is the retirement age of the judge of High Court in India?....

MCQ-> The current debate on intellectual property rights (IPRs) raises a number of important issues concerning the strategy and policies for building a more dynamic national agricultural research system, the relative roles of public and private sectors, and the role of agribusiness multinational corporations (MNCs). This debate has been stimulated by the international agreement on Trade Related Intellectual Property Rights (TRIPs), negotiated as part of the Uruguay Round. TRIPs, for the first time, seeks to bring innovations in agricultural technology under a new worldwide IPR regime. The agribusiness MNCs (along with pharmaceutical companies) played a leading part in lobbying for such a regime during the Uruguay Round negotiations. The argument was that incentives are necessary to stimulate innovations, and that this calls for a system of patents which gives innovators the sole right to use (or sell/lease the right to use) their innovations for a specified period and protects them against unauthorised copying or use. With strong support of their national governments, they were influential in shaping the agreement on TRIPs, which eventually emerged from the Uruguay Round. The current debate on TRIPs in India - as indeed elsewhere - echoes wider concerns about ‘privatisation’ of research and allowing a free field for MNCs in the sphere of biotechnology and agriculture. The agribusiness corporations, and those with unbounded faith in the power of science to overcome all likely problems, point to the vast potential that new technology holds for solving the problems of hunger, malnutrition and poverty in the world. The exploitation of this potential should be encouraged and this is best done by the private sector for which patents are essential. Some, who do not necessarily accept this optimism, argue that fears of MNC domination are exaggerated and that farmers will accept their products only if they decisively outperform the available alternatives. Those who argue against agreeing to introduce an IPR regime in agriculture and encouraging private sector research are apprehensive that this will work to the disadvantage of farmers by making them more and more dependent on monopolistic MNCs. A different, though related apprehension is that extensive use of hybrids and genetically engineered new varieties might increase the vulnerability of agriculture to outbreaks of pests and diseases. The larger, longer-term consequences of reduced biodiversity that may follow from the use of specially bred varieties are also another cause for concern. Moreover, corporations, driven by the profit motive, will necessarily tend to underplay, if not ignore, potential adverse consequences, especially those which are unknown and which may manifest themselves only over a relatively long period. On the other hand, high-pressure advertising and aggressive sales campaigns by private companies can seduce farmers into accepting varieties without being aware of potential adverse effects and the possibility of disastrous consequences for their livelihood if these varieties happen to fail. There is no provision under the laws, as they now exist, for compensating users against such eventualities. Excessive preoccupation with seeds and seed material has obscured other important issues involved in reviewing the research policy. We need to remind ourselves that improved varieties by themselves are not sufficient for sustained growth of yields. in our own experience, some of the early high yielding varieties (HYVs) of rice and wheat were found susceptible to widespread pest attacks; and some had problems of grain quality. Further research was necessary to solve these problems. This largely successful research was almost entirely done in public research institutions. Of course, it could in principle have been done by private companies, but whether they choose to do so depends crucially on the extent of the loss in market for their original introductions on account of the above factors and whether the companies are financially strong enough to absorb the ‘losses’, invest in research to correct the deficiencies and recover the lost market. Public research, which is not driven by profit, is better placed to take corrective action. Research for improving common pool resource management, maintaining ecological health and ensuring sustainability is both critical and also demanding in terms of technological challenge and resource requirements. As such research is crucial to the impact of new varieties, chemicals and equipment in the farmer’s field, private companies should be interested in such research. But their primary interest is in the sale of seed materials, chemicals, equipment and other inputs produced by them. Knowledge and techniques for resource management are not ‘marketable’ in the same way as those inputs. Their application to land, water and forests has a long gestation and their efficacy depends on resolving difficult problems such as designing institutions for proper and equitable management of common pool resources. Public or quasi-public research institutions informed by broader, long-term concerns can only do such work. The public sector must therefore continue to play a major role in the national research system. It is both wrong and misleading to pose the problem in terms of public sector versus private sector or of privatisation of research. We need to address problems likely to arise on account of the public-private sector complementarity, and ensure that the public research system performs efficiently. Complementarity between various elements of research raises several issues in implementing an IPR regime. Private companies do not produce new varieties and inputs entirely as a result of their own research. Almost all technological improvement is based on knowledge and experience accumulated from the past, and the results of basic and applied research in public and quasi-public institutions (universities, research organisations). Moreover, as is increasingly recognised, accumulated stock of knowledge does not reside only in the scientific community and its academic publications, but is also widely diffused in traditions and folk knowledge of local communities all over. The deciphering of the structure and functioning of DNA forms the basis of much of modern biotechnology. But this fundamental breakthrough is a ‘public good’ freely accessible in the public domain and usable free of any charge. Various techniques developed using that knowledge can however be, and are, patented for private profit. Similarly, private corporations draw extensively, and without any charge, on germplasm available in varieties of plants species (neem and turmeric are by now famous examples). Publicly funded gene banks as well as new varieties bred by public sector research stations can also be used freely by private enterprises for developing their own varieties and seek patent protection for them. Should private breeders be allowed free use of basic scientific discoveries? Should the repositories of traditional knowledge and germplasm be collected which are maintained and improved by publicly funded organisations? Or should users be made to pay for such use? If they are to pay, what should be the basis of compensation? Should the compensation be for individuals or (or communities/institutions to which they belong? Should individual institutions be given the right of patenting their innovations? These are some of the important issues that deserve more attention than they now get and need serious detailed study to evolve reasonably satisfactory, fair and workable solutions. Finally, the tendency to equate the public sector with the government is wrong. The public space is much wider than government departments and includes co- operatives, universities, public trusts and a variety of non-governmental organisations (NGOs). Giving greater autonomy to research organisations from government control and giving non- government public institutions the space and resources to play a larger, more effective role in research, is therefore an issue of direct relevance in restructuring the public research system.Which one of the following statements describes an important issue, or important issues, not being raised in the context of the current debate on IPRs?
....

MCQ-> Read the following passage carefully and answer the questions given at the end. When Ratan Tata moved the Supreme Court, claiming his right to privacy had been violated, he called Harish Salve. The choice was not surprising. The former solicitor general had been topping the legal charts ever since he scripted a surprising win for Mukesh Ambani against his brother Anil. That dispute set the gold standard for legal fees. On Mukesh’s side were Salve, Rohinton Nariman, and Abhishek Manu Singhvi. The younger brother had an equally formidable line-up led by Ram Jethmalani and Mukul Rohatgi.The dispute dated back three-and-a-half years to when Anil filed case against his brother for reneging on an agreement to supply 28 million cubic metres of gas per day from its Krishna-Godavari basin fields at a rate of $ 2.34 for 17 years. The average legal fee was Rs. 25 lakh for a full day's appearance, not to mention the overnight stays at Mumbai's five-star suites, business class travel, and on occasion, use of the private jet. Little wonder though that Salve agreed to take on Tata’s case pro bono. He could afford philanthropy with one of India’s wealthiest tycoons.The lawyers’ fees alone, at a conservative estimate, must have cost the Ambanis at least Rs. 15 crore each. Both the brothers had booked their legal teams in the same hotel, first the Oberoi and, after the 26/ ll Mumbai attacks, the Trident. lt’s not the essentials as much as the frills that raise eyebrows. The veteran Jethmalani is surprisingly the most modest in his fees since he does not charge rates according to the strength of the client's purse. But as the crises have multiplied, lawyers‘fees have exploded.The 50 court hearings in the Haldia Petrochemicals vs. the West Bengal Government cost the former a total of Rs. 25 crore in lawyer fees and the 20 hearings in the Bombay Mill Case, which dragged on for three years, cost the mill owners almost Rs. 10 crore. Large corporate firms, which engage star counsels on behalf of the client, also need to know their quirks. For instance, Salve will only accept the first brief. He will never be the second counsel in a case. Some lawyers prefer to be paid partly in cash but the best are content with cheques. Some expect the client not to blink while picking up a dinner tab of Rs. 1.75 lakh at a Chennai five star. A lawyer is known to carry his home linen and curtains with him while travelling on work. A firm may even have to pick up a hot Vertu phone of the moment or a Jaeger-LeCoutre watch of the hour to keep a lawyer in good humour.Some are even paid to not appear at all for the other side - Aryama Sundaram was retained by Anil Ambani in the gas feud but he did not fight the case. Or take Raytheon when it was fighting the Jindals. Raytheon had paid seven top lawyers a retainer fee of Rs. 2.5 lakh each just to ensure that the Jindals would not be able to make a proper case on a taxation issue. They miscalculated when a star lawyer fought the case at the last minute. “I don’t take negative retainers”, shrugs Rohatgi, former additional solicitor general. “A Lawyer’s job is to appear for any client that comes to him. lt’s not for the lawyers to judge if a client is good or bad but the court”. Indeed. He is, after all, the lawyer who argued so famously in court that B. Ramalinga Raju did not ‘fudge any account in the Satyam Case. All he did was “window dressing”.Some high profile cases have continued for years, providing a steady source of income, from the Scindia succession battle which dates to 1989, to the JetLite Sahara battle now in taxation arbitration to the BCCI which is currently in litigation with Lalit Modi, Rajasthan Royals and Kings XI Punjab.Think of the large law firms as the big Hollywood studios and the senior counsel as the superstar. There are a few familiar faces to be found in most of the big ticket cases, whether it is the Ambani gas case, Vodafone taxation or Bombay Mills case. Explains Salve, “There is a reason why we have more than one senior advocate on a case. When you're arguing, he’s reading the court. He picks up a point or a vibe that you may have missed.” Says Rajan Karanjawala, whose firm has prepared the briefs for cases ranging from the Tata's recent right to privacy case to Karisma Kapoor’s divorce, “The four jewels in the crown today are Salve, Rohatgi, Rohinton Nariman and Singhvi. They have replaced the old guard of Fali Nariman, Soli Sorabjee, Ashok Desai and K.K. Venugopal.” He adds, “The one person who defies the generational gap is Jethmalani who was India's leading criminal lawyer in the 1960s and is so today.”The demand for superstar lawyers has far outstripped the supply. So a one-man show by, say, Rohatgi can run up billings of Rs. 40 crore, the same as a mid-sized corporate law firm like Titus and Co that employs 28 juniors. The big law filik such as AZB or Amarchand & Mangaldas or Luthra & Luthra have to do all the groundwork for the counsel, from humouring the clerk to ensure the A-lister turns up on the hearing day to sourcing appropriate foreign judgments in emerging areas such as environmental and patent laws. “We are partners in this. There are so few lawyers and so many matters,” points out Diljeet Titus.As the trust between individuals has broken down, governments have questioned corporates and corporates are questioning each other, and an array of new issues has come up. The courts have become stronger. “The lawyer,” says Sundaram, with the flourish that has seen him pick up many Dhurandhares and Senakas at pricey art auctions, “has emerged as the modern day purohit.” Each purohit is head priest of a particular style. Says Karanjawala, “Harish is the closest example in today's bar to Fali Nariman; Rohinton has the best law library in his brain; Mukul is easily India's busiest lawyer while Manu Singhvi is the greatest multi-tasker.” Salve has managed a fine balancing act where he has represented Mulayam Singh Yadav and Mayawati, Parkash Singh Badal and Amarinder Singh, Lalit Modi and Subhash Chandra and even the Ambani brothers, of course in different cases. Jethmalani is the man to call for anyone in trouble. In judicial circles he is known as the first resort for the last resort. Even Jethmalani’s junior Satish Maneshinde, who came to Mumbai in I993 as a penniless law graduate from Karnataka, shot to fame (and wealth) after he got bail for Sanjay Dutt in 1996. Now he owns a plush office in Worli and has become a one-stop shop for celebrities in trouble.Which of the following is not true about Ram Jethmalani?
....

MCQ->After retirement, a High Court judge can undertakes private practice of law....

MCQ-> Read the following passage carefully and answer the questions given at the end.The tight calendar had calmed him, as did the constant exertion of his authority as a judge. How he relished his power over the classes that had kept his family pinned under their heels for centuries - like the stenographer, for example, who was a Brahmin. There he was, now crawling into a tiny tent to the side, and there was Jemubhai reclining like a king in a bed carved out of teak, hung with mosquito netting."Bed tea", the cook would shout "Baaad tee". He would sit up to drink.6:30: he'd bathe in water that had been heated over the fire so it was redolent with the smell of wood smoke and flecked with ash. With a dusting of powder he graced his newly washed face, with a daub of pomade, his hair. Crunched up toast like charcoal from having been toasted upon the flame, with marmalade over the burn.8:30: he rode into the fields with the local officials and everyone else in the village going along for fun. Followed by an orderly holding an umbrella over his head to shield him from the glare, he measured the fields and checked to make sure his yield estimate matched the headman's statement. Farms were growing less than ten maunds an acre of rice or wheat, and at two rupees a maund, every single man in a village, sometimes, was in debt to the bania. (Nobody knew that Jemubhai himself was noosed, of course, that long ago in the little town of Piphit in Gujarat, money-lenders had sniffed out in him a winning combination of ambition and poverty ... that they still sat waiting cross-legged on a soiled mat in the market, snapping their toes, cracking their knuckles in anticipation of repayment .... ) 2.00: after lunch, the judge sat at his desk under a tree to try cases, usually in a cross mood, for he disliked the informality, hated the splotch of leaf shadow on him imparting an untidy mongrel look. Also, there was a worse aspect of contamination and corruption: he heard cases in Hindi, but they were recorded in Urdu by the stenographer and translated by the judge into a second record in English, although his own command of Hindi and Urdu was tenuous; the witnesses who couldn't read at all put their thumbprints at the bottom of "Read Over and Acknowledged Correct", as instructed. Nobody could be sure how much of the truth had fallen between languages, between languages and illiteracy; the clarity that justice demanded was nonexistent. Still, despite the leaf shadow and language confusion, he acquired a fearsome reputation for his speech that seemed to belong to no language at all, and for his face like a mask that conveyed something beyond human fallibility. The expression and manner honed here would carry him, eventually, all the way to the high court in Lucknow where, annoyed by lawless pigeons shuttlecocking about those tall, shadowy halls, he would preside, white powdered wig over white powdered face, hammer in hand.His photograph, thus attired, thus annoyed, was still up on the wall, in a parade of history glorifying the progress of Indian law and order. 4:30: tea had to be perfect, drop scones made in the frying pan. He would embark on them with forehead wrinkled, as if angrily mulling over something important, and then, as it would into his retirement, the draw of the sweet took over, and his stern work face would hatch an expression of tranquillity.5:30: out he went into the countryside with his fishing rod or gun. The countryside was full of game; lariats of migratory birds lassoed the sky in October; quail and partridge with lines of babies strung out behind whirred by like nursery toys that emit sound with movement; pheasant - fat foolish creatures, made to be shot - went scurrying through the bushes. The thunder of gunshot roiled away, the leaves shivered, and he experienced the profound silence that could come only after violence. One thing was always missing, though, the proof of the pudding, the prize of the action. the manliness in manhood, the partridge for the pot. because he returned with - Nothing!He was a terrible shot.8:00: the cook saved his reputation, cooked a chicken, brought it forth, proclaimed it "roast bastard", just as in the Englishman's favourite joke book of natives using incorrect English. But sometimes, eating that roast bustard, the judge felt the joke might also be on him, and he called for another rum, took a big gulp, and kept eating feeling as if he were eating himself, since he, too, was (was he?) part of the fun ....9:00: sipping Ovaltine, he filled out the registers with the day's gleanings. The Petromax lantern would be lit - what a noise it made - insects fording the black to dive - bomb him with soft flowers (moths), with iridescence (beetles). Lines, columns, and squares. He realized truth was best looked at in tiny aggregates, for many baby truths could yet add up to one big size unsavory lie. Last, in his diary also to be submitted to his superiors, he recorded the random observations of a cultured man, someone who was observant, schooled in literature as well as economics; and he made up hunting triumphs: two partridge ... one deer with thirty- inch horns....11:00: he had a hot water bottle in winter, and, in all seasons, to the sound of the wind buffeting the trees and the cook's snoring, he fell asleep.Which of the following statements is incorrect?
....

MCQ-> Analyse the following passage and provide appropriate answers for the questions that follow: Each piece, or part, of the whole of nature is always merely an approximation to the complete truth, or the complete truth so far as we know it. In fact, everything we know is only some kind of approximation, because we know that we do not know all the laws as yet. Therefore, things must be learned only to be unlearned again or, more likely, to be corrected. The principal of science, the definition, almost, is the following: The test of all knowledge is experiment. Experiment is the sole judge of scientific “truth.” But what is the source of knowledge? Where do the laws that are to be tested come from? Experiment, itself, helps to produce these laws, in the sense that it gives us hints. But also needed is imagination to create from these laws, in the sense that it gives us hints. But also needed is imagination to create from these hints the great generalizations – to guess at the wonderful, simple, but very strange patterns beneath them all, and then to experiment to check again whether we have made the right guess. This imagining process is so difficult that there is a division of labour in physics: there are theoretical physicists who imagine, deduce, and guess at new laws, but do not experiment; and then there are experimental physicists who experiment, imagine, deduce, and guess. We said that the laws of nature are approximate: that we first find the “wrong” ones, and then we find the “right” ones. Now, how can an experiment be “wrong”? First, in a trivial way: the apparatus can be faulty and you did not notice. But these things are easily fixed and checked back and forth. So without snatching at such minor things, how can the results of an experiment be wrong? Only by being inaccurate. For example, the mass of an object never seems to change; a spinning top has the same weight as a still one. So a “law” was invented: mass is constant, independent of speed. That “law” is now found to be incorrect. Mass is found is to increase with velocity, but appreciable increase requires velocities near that of light. A true law is: if an object moves with a speed of less than one hundred miles a second the mass is constant to within one part in a million. In some such approximate form this is a correct law. So in practice one might think that the new law makes no significant difference. Well, yes and no. For ordinary speeds we can certainly forget it and use the simple constant mass law as a good approximation. But for high speeds we are wrong, and the higher the speed, the wrong we are. Finally, and most interesting, philosophically we are completely wrong with the approximate law. Our entire picture of the world has to be altered even though the mass changes only by a little bit. This is a very peculiar thing about the philosophy, or the ideas, behind the laws. Even a very small effect sometimes requires profound changes to our ideas.Which of the following options is DEFINITLY NOT an approximation to the complete truth?
....