BCI verifying these fake and non-practicing lawyers

The law minister, Sadananda Gowda, said that BCI has already framed the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015. State level committees have also been formed with the help of the State Bar Councils, to get started with the process.

This procedure was initiated after BCI received several complains about lawyers with fake degrees, and unethical standards adopted by many in the profession. It will be completed within six to seven months. The BCI has informed that the exact number of fake lawyers cannot be ascertained as of now, because the total number of such people is not known. The step is being taken with the view to filter the system as those with fake degrees are disrespecting the profession. It will also ensure that non-practicing lawyers enrolled with the State Bar Councils do not avail of the benefits or any welfare schemes meant for lawyers.

A proposal for BCI’s own Lawyers’ Academy has also been brought forward, with the view of instilling professionalism and ethical standards among advocates.

Thus in a few months, India can be free of those who are using fake law degrees and cheating people in the process.

(by Advocate Jeevan Toprani)

Repeat & Sex Offender List for Crimes

It is the need of the hour that that an open registry of repeat offender be provided to all in the country.

There could be criminals living next to you and there would be no action by the authorities.

Let us all request the police to provide us with the list ~!

India is set to have its first registry for sex offenders but government departments and law enforcement agencies are still debating whether the details should be made public, the Home Ministry has told the Supreme Court.

The Centre is sceptical about publishing the information as it could have a negative impact on those who turn out to be ‘innocent’ later and their ‘return to the mainstream’ with their public naming and shaming.

by Jeevan Toprni

Government gives 2 IPS officers marching orders by Adv Jeevan Toprani

The Complaints at the hands of the government are increasing and non performing officers are increasing the system.

Invoking Rule 16(3) of All India Services (Death-cum-Retirement Benefits) Rules, 1958, the Union Home ministry prematurely retired Mayank Sheel Chohan of AGMUT cadre, 1998 batch and Raj Kumar Dewangan of Chhattisgarh cadre, 1992 batch on January 5. The action was approved by the Appointments Committee of the Cabinet (ACC), headed by the Prime Minister.

Every citizen has a right to complaint and be heard. The Judiciary has the right to judge not the policing service but sometime the officers forget their duties and role as an officer – they discard the complaint of the citizens. The Complaint keep rising and reach the desk of the head of state – the choice of the head of the state is to act or resign.

The Citizens will not forget the bad governance of the govt. if action on these bureaucrats is not taken timely. A senior Home ministry official said the action, though not happening for the first time, will definitely serve as a deterrent and force bureaucrats to take their job seriously. “As far as I remember, two Maharashtra cadre IPS officers were forced to go on compulsory retirement some 15 years ago,” said the official.

Read the complete story about the matter

Jai Hind –

Cheque Bounce Issues by Adv Jeevan Toprani

Why you have to be careful about the cheques issue

An overview
Cheques are the most common, safe and authentic way of making any financial transaction in both business as well as personal world. But, what happens when the cheque issued by the payer to the beneficiary bounces? Primarily, dishonoring of a cheque hampers the credibility of the payer and causes unjust inconvenience to the payee. Legally, it is a punishable offence. In India, there are numerous pending cases in the courts on the same that needs to be adjudicated.

What are the various grounds on which a cheque can be bounced by the banks?
Insufficient funds in the issuer’s bank
Signature mismatch
Date mentioned on the cheque is disfigured or unreadable
Invalidity of cheque (As cheque is valid only for 3 months from the date mentioned on the face of the document)
Mismatch in the amount in words and numbers
Damaged or torn cheque
Overwriting/scrawling on the cheque
Any suspicion of forgery/fraud by the bank

What are the main grounds that cause dishonor of the cheque as legally enforceable offence?
In accordance to Section 138 of the Negotiable Instrument Act, 1881, a cheque issued by the payer to the payee to meet any debt/liability, if dishonored by the bank due to following reasons, attracts punishment:-

Insufficient funds in the account of the payer
The amount of the cheque is more than the amount arranged to be paid in agreement with the bank