The right of a party to initiate an action and be heard before a Court of law is called ?->(Show Answer!)

1. The right of a party to initiate an action and be heard before a Court of law is called

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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?
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MCQ-> Answer questions on the basis of information given in the following case. The Disciplinary Committee of Nation Political Party (NPP) is meeting today to decide on the future of two of their party members, Mr. Loyal and his son Mr. Prodigal. Mr. Prodigal is the prime accused in the brutal murder of Mr. Victim, an opposition party leader. Mr. Prodigal is in police custody and his appeal for bail has got rejected. Mr. Loyal claims that his son is innocent and Mr. Victim’s death was the result of internal rivalry in the opposition party. Though Mr. Loyal is not accused in this case, his weakness for his son is well known. The media is blaming him for influencing key witnesses to protect his son. Severe criticism of his father - son duo, both by the media and some social activists, is damaging the image of the party. However, Mr. Loyal has significant followers within the party and is considered an asset to the party. Any harsh decision against Mr. Loyal would adversely affect the future of NPP and could even lead to a split in the party. This would benefit the opposition.Which of the following actions would adversely affect both NPP and Mr. Loyal, the most?
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MCQ->The right of a party to initiate an action and be heard before a Court of law is called....

MCQ-> Read the following passage carefully and answer the questions given below it. Certain words are given in bold to help you answer some of the questions.At the heart of what makes India a better regime than China is a healthy respect for the civil rights and liberties of its citizens. There are checks and balances in our government. But India’s new surveillance programme, the Central Monitoring system (CMS), resembles a dystopian society akin to George Orwell’s 1984.According to several news reports, the CMS gives the government, Indian security agencies and income tax (IT) officials the authority to listen to, and tape phone conversions, read emails and text messages, monitor Posts on Facebook, Twitter or Linkedin and track searches on Google of selected targets, without oversight by the courts or parliament. To call it sweeping is an understatement.Typically, Indian Security agencies need a court order for surveillance, or depend on Internet/telephone service providers for data, provided they supply a warrant. CMS allows the government to bypass the court. Milind Deora, India’s Minister of State for Information Technology says the new system will actually improve citizens’ privacy because telecommunication agencies would no longer be directly involved in the surveillance; only government officials would have these details – missing the point that in a democracy, there has to be freedom from government surveillance. This is hardly comforting in a nation riddled with governmental corruption.India does not have a privacy law. CMS will operate under the Indian Telegraph Act (ITA). The ITA is a relic of the British Raj from 1885, and gives the government the freedom to monitor private conversations. News reports quote anonymous telecommunications ministry officials as saying that CMS has been introduced for security purposes, and “this is to protect you and your country”.That is irrational. For one, there are no ‘security purposes’ that prevent the government from having a rational debate on this programme and getting approval from our elected representatives before authorizing such wide-reaching surveillance. If the government is worried that a public debate in a paralysed parliament would half the programme’s progress, then it can convene a committee of individuals or an individual body such as CAG to oversee the programme. It can seek judicial approval from the Supreme Court, and have a judge sign off on surveillance requests without making these requests public.As of now, the top bureaucrat in the interior ministry and his/her state level deputies will have the power to approve surveillance requests. Even the recently revealed US surveillance Programme, had ‘behind the doors’ bipartisan surveillance approval. Furthermore, US investigation agencies such as the CIA and NSA are not the ruling party’s marionettes; in India, that the CBI is an arm of the government is a fait accompli. Even the Supreme Court recently lambasted the CBI and asked it to guarantee its independence from government influences after it was proved that it shared unreleased investigation reports with the government.There is no guarantee that this top bureaucrat will be judicious or not use this as a tool to pursue political and personal vendettas against opposition parties or open critics of the government. Security purposes hardly justify monitoring an individual’s social media usage. No terrorist announces plans to bomb a building on Facebook. Neither do Maoists espouse Twitter as their preferred form of communication.Presumably, security purposes could be defined as the government’s need to intercept terrorist plans. How does giving the IT department the same sweeping surveillance powers justify security purposes? The IT office already has expansive powers to conduct investigations, summon individuals or company executives, and raid premises to catch tax evaders. In a world where most financial details are discussed and transferred online, allowing the IT departments to snoop on these without any reasonable cause is akin to airport authorities strip searching everyone who boards a flight.What happened on 26/11 or what happens regularly in Naxal – affected areas is extremely sad and should ideally, never take place again. But targeting terrorists means targeting people who show such inclinations, or those who arouse suspicions, either by their travels or heir associations with militant or extremist groups. And in a country where a teenager has been arrested for posting an innocent comment questioning the need for a bandh on the death of a political leader, gives us reason to believe that this law is most likely to be misused, if not abused. Select the word which is MOST OPPOSITE in meaning to the word printed in bold, as used in the passage. AKIN....

MCQ-> There are a seemingly endless variety of laws, restrictions, customs and traditions that affect the practice of abortion around the world. Globally, abortion is probably the single most controversial issue in the whole area of women’s rights and family matters. It is an issue that inflames women’s right groups, religious institutions, and the self-proclaimed ‘guardians’ of public morality. The growing worldwide belief is that the right to control one’s fertility is a basic human right. This has resulted in a worldwide trend towards liberalization of abortion laws. Forty per cent of the world’s population live in countries where induced abortion is permitted on request. An additional 25 per cent live in countries where it is allowed if the women’s life would be endangered if she went to full term with her pregancy. The estimate is that between 26 and 31 million legal abortions were performed in that year. However, there were also between 10 and 22 million illegal abortions performed in that year.Feminists have viewed the patriarchal control of women’s bodies as one of the prime issues facing the contemporary women’s movement. They abserve that the defintion and control of women’s reproductive freedom have always been the province of men. Patriarchal religion, as manifest in Islamic fundamentalism,traditionalist Hindu practice, orthodox Judaism, and Roman Catholicism, has been an important historical contributory factor for this and continues to be an important presence in contemporary societies. In recent times, govenments, usually controlled by men, have ‘given’ women the right to contraceptive use and abortion access when their countries were perceived to have an overpopulation problem. When these countries are perceived to be underpopulated, that right had been absent. Until the 19th century, a woman’s rights to an abortion followed English common law; it could only be legally challenged if there was a ‘quickening’, when the first movements of the fetus could be felt. In 1800, drugs to induce abrotions were widely advertised in local newpapers. By 1900, abortion was banned in every state except to save the life of the mother. The change was strongly influenced by medical profession, which focussed its campaign ostensibly on health and safety issues for pregnant women and the sancity of life. Its position was also a means of control of non-licensed medical practitioners such as midwives and women healers who practiced abortion.The anti-abortion campaign was also influenced by political considerations. The large influx of eastern and southern European immigrants with their large families was seen as a threat to the population balance of the future United States. Middle and upper-classes Protestants were advocates of abortion as a form of birth control. By supporting abortion prohibitions the hope was that these Americans would have more children and thus prevent the tide of immigrant babies from overwhelming the demographic characteristics of Protestant America.The anti-abortion legislative position remained in effect in the United States through the first 65 years of the 20th century. In the early 1960s, even when it was widely known that the drug thalidomide taken during pregnancy to alleviate anxiety was shown to contribute to the formation of deformed ‘flipper-like’ hands or legs of children, abortion was illegal in the United States. A second health tragedy was the severe outbreak of rubella during the same time period, which also resulted in major birth defects. These tragedies combined with a change of attitude towards a woman’s right to privacy led a number of states to pass abortion permitting legislation.On one side of the controversy are those who call themselves ‘pro-life’. They view the foetus as a human life rather than as an unformed complex of cells; therefore, they hold to the belief that abortion is essentially murder of an unborn child. These groups cite both legal and religious reasons for their opposition to abortion. Pro lifers point to the rise in legalised abortion figures and see this as morally intolerable. On the other side of the issue are those who call themselves ‘pro-choice’. They believe that women, not legislators or judges, should have the right to decide whether and under what circumstances they will bear children. Pro-choicers are of the opinion that laws will not prevent women from having abortions and cite the horror stories of the past when many women died at the hands of ‘backroom’ abortionists and in desperate attempts to self-abort. They also observe that legalized abortion is especially important for rape victims and incest victims who became pregnant. They stress physical and mental health reasons why women should not have unwanted children.To get a better understanding of the current abortion controversy, let us examine a very important work by Kristin Luker titled Abortion and the Politics of Motherhood. Luker argues that female pro-choice and prolife activists hold different world views regarding gender, sex, and the meaning of parenthood. Moral positions on abortions are seen to be tied intimately to views on sexual bahaviour, the care of children, family life, technology, and the importance of the individual. Luker identified ‘pro-choice’ women as educated, affluent, and liberal. Their contrasting counterparts, ‘pro-life’ women, support traditional concepts of women as wives and mothers. It would be instructive to sketch out the differences in the world views of these two sets of women. Luker examines California, with its liberalized abortion law, as a case history. Public documents and newspaper accounts over a 26-year period were analysed and over 200 interviews were held withheld with both pro-life and pro-choice activists.Luker found that pro-life and pro-choice activists have intrinsically different views with respect to gender. Pro-life women have a notion of public and private life. The proper place for men is in the public sphere of work; for women, it is the private sphere of the home. Men benefit through the nurturance of women; women benefit through the protection of men. Children are seen to be the ultimate beneficiaries of this arrangement of having the mother as a full-time loving parent and by having clear role models. Pro-choice advocates reject the view of separate spheres. They object to the notion of the home being the ‘women’s sphere’. Women’s reproductive and family roles are seen as potential barriers to full equality. Motherhood is seen as a voluntary, not a mandatory or ‘natural’ role. In summarizing her findings, Luker believes that women become activists in either of the two movements as the end result of lives that centre around different conceptualizations of motherhood. Their beliefs and values are rooted to the concrete circumstances of their lives, their educations, incomes, occupations, and the different marital and family choices that they have made. They represent two different world views of women’s roles in contemporary society and as such the abortion issues represent the battleground for the justification of their respective views.According to your understanding of the author’s arguments, which countries are more likely to allowabortion?
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