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Battle Between Arbitration Act and Consumer Protection Act

Parnika Agnihotri 4 Apr 2018

Battle Between Arbitration Act and Consumer Protection Act In the present case there is conflict between the builder (complainant) and people who had purchased the flat . Here both the party entered into read more

Battle Between Arbitration Act and Consumer Protection Act

In the present case there is conflict between the builder (complainant) and people who had purchased the flat . Here both the party entered into the contract and in that contract there was a clause which says that-“party shall enter into arbitration in case there is any kind of conflict arises between builder and flat owner (respondent). The builder failed to give the flats/villa/plot on time as a result flat owners went to district court against the delay of time took place on the part of builder.The complaint was decided in the favor of respondent in the district forum as well as in the state commission now the complaint consequential reference to a larger Bench are triggered by the amendment to Sub-Section (1) of Section 8 of the Arbitration and Conciliation Act, 1996 (for short the “Arbitration Act”) by Act 3 of 2016, with retrospective effect from 23.10.2015. The question for consideration before larger Bench is profound, having seminal ramifications for the entire adjudicatory mechanism envisaged for settlement of consumer disputes, falling within the ambit of the Consumer Protection Act, 1986 (for short the “Consumer Act”).

Initially the respondent had filled the defense that section 8 of the arbitration Act says that-

8. Power to refer parties to arbitration where there is an arbitration agreement.—

(1) A judicial authority before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a party so applies not later than when submitting his first statement on the substance of the dispute, refer the parties to arbitration.

(2) The application referred to in sub-section (1) shall not be entertained unless it is accompanied by the original arbitration agreement or a duly certified copy thereof.

(3) Notwithstanding that an application has been made under sub-section (1) and that the issue is pending before the judicial authority, an arbitration may be commenced or continued and an arbitral award made.

The crux of this reference revolves around these last few words of amended Section 8(1) of the Arbitration Act. The complainants argue that the said words leave the ability of Consumer Forums to hear such cases, such as the captioned ones that triggered this reference, unaffected, notwithstanding any Arbitration Clauses in the Agreements, while the Builder believes that the said amendment was enacted primarily to oust the jurisdiction of the Courts and Tribunals, and limit the resolution of these cases solely through Arbitration. As a result, there is a need to understand the legal position on Applications under Section 8 of the Arbitration Act for referral to Arbitrations in light of the amendment, and resolve whether status quo ante persists, or if a new regime has been ushered that ousts the jurisdiction of Tribunals/Commissions etc. completely in case of valid Arbitration Clauses.

Now the question before the larger bench of honorable National commission lies that-

“Whether the newly inserted subsection(1) of section 8 of Arbitation and Concilliation Act mandates consumer forum constituted under the consumer Act to refer parties to Arbitration in term of valid “Arbitration Agreement” notwithstanding the provision of the Arbitatrion Act and the provision of Consumer Act?

The complainant in the present case contented on his part that-

1.Section 8 cannot nullify the effect of judgement given by Honorable Supreme court in “National Seeds Corp.Ltd v/s M.Madhusudhan Reddy (2012),where it was contented that consumer forum would not be bound to refer parties to arbitration even if the contract between the parties contained an arbitration agreement.

2. Section 3 of the consumer protection act states that “Act not in derogation of any other law.—The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.” which causes interplay between section 3 and section 8 of Consumer Protection Act and Arbitration Act respectively.

3. The Complainants point to the legislative history and intent of the amendment in question, gathered from the Statement of Objects and Reasons of the Amendment Act, as well as the 246^th Report of the Law Commission of India on which, the said Amendment Act was substantially based, to argue that altering the legal position settled by the aforementioned judgments of the Hon’ble Supreme Court (including the National Seeds Corporation Case) was not even a matter in contemplation or consideration.

4. They further contend that a bare reading of the amended Section 8(1) shows that the operative words of the provision [“shall … refer the parties to arbitration”] have not been amended or altered, except for the addition of the words “unless it finds that prima facie no valid arbitration agreement exists”. These added words make no material difference to the issue at hand as Section 3 of the Consumer Act remains completely un-amended and unaffected

5. Later in the nutshell the complainant contented that ,the consumer Act is a beneficial legislation enacted to protect the interest of consumer.It is evident from the preamble that if we accept the provision of sec 8(1) strictly then that shall cause a grave injustice to the complainant and also defeat the purpose of Consumer Act.

· Further the builders contentions were totally based upon the authority given by section 8(1),section 11 (6A) of the Arbitration act which clearly states that-

“The expression used by the Legislature –“notwithstanding anything contained in any other law for the time being in force”– not only includes other Acts/Laws including the Consumer Act but also includes law as laid down by the Hon’ble Supreme Court; under Article 141 of the Constitution of India, its judgment is the law.”

· Arbitation Act and Consumer protection Act are two different Acts and thus no interplay lies between section 3 of Consumer Protection Act and section 8 of Arbitatrion Act.

· In the course the respondents further rebutted the authority of National Seeds Corp.Ltd case but stating that there was no option with the party . But in the present case there are clearly two option available with the parties and when both party entered in to one option with consent then they should abide with that option.

The arbitration agreement between the parties also contented that the Sole Arbitrator which shall be appointed will be related with the respondent.

The court presented the view in the present case as-

“It is clear that prior to the amendment, the Hon’ble Supreme Court had resolved and settled that the Consumer Forums were not bound to refer disputes to Arbitration under Section 8 of the Arbitration Act. In other words, an Arbitration Clause in a contract could not circumscribe the jurisdiction of the Courts and the Tribunals, especially those which are constituted to achieve a particular purpose and objective.” Also discussed the issues which are arbitral and non arbitral.

Disputes are not characterized as arbitrable and non-arbitrable at the whim and fancy of the Legislature. The classification is based on the crucial distinction, repeatedly explained by the Hon’ble Supreme Court. This division has been taken into account and entrenched into different legislations with a clear and distinct public policy objective. The Legislature and Judiciary have built this jurisprudence with consensus and harmony.

JURISPRUDENTIAL VIEW ON ARBITRATION IN CONSUMER CASES-

In the context of Consumer Jurisprudence, the Hon’ble Supreme Court has not disturbed its earlier opinion regarding the arbitrability of Consumer disputes rendered in the pre-amendment era.Rather, it has affirmed the protection granted to the Consumers from private resolution.
National Commission also took a similar view in Lt. Col. Anil Raj & Anr. Vs. M/s. Unitech Ltd., Consumer Complaint No. 346 of 2013, decided on 02.5.2016, relying upon the decisions of the Hon’ble Supreme Court in Secretary, Thirumugugan Cooperative Agricultural Credit Society Vs. M. Lalitha (through LRs) & Ors. (2004) 1 SCC 305 Skypak Couriers Ltd. (supra) and National Seeds Corporation (supra), to hold that the existence of an Arbitration Clause will not be a bar for the entertainment of the Complaint by a Consumer Fora.
The above observations are based on entrenched ideals surrounding consumer jurisprudence, honed and built by the Apex Court. Therefore, it is imperative to dwell on the foundation of the

Consumer Act to understand the kind of rights it seeks to protect, the statutory provisions that it lays out for the same, and accordingly, if by virtue of the amendment to Section 8 (1) of the Act, the erstwhile scheme has been set at naught.

In Skypak Couriers Ltd. Vs. Tata Chemicals Ltd. (supra), the Hon’ble Supreme Court inter-alia observed as under:

“ Even if there exists an arbitration clause in an agreement and a complaint is made by the consumer, in relation to a certain efficiency of service, then the existence of an arbitration clause will not be a bar to the entertainment of the complaint by the Redressal Agency, constituted under the Consumer Protection Act, since the remedy provided under the Act is in addition to the provisions of any other law for the time being in force”.

In M. Lalitha (Supra) the Hon’ble Supreme Court inter-alia observed and held as under:

“ The preamble of the Act declares that it is an Act to provide for better protection of the interest of consumers and for that purpose to make provision for the establishment of Consumer Councils and other authorities for the settlement of consumer disputes and matters connected therewith. In Section 3 of the Act in clear and unambiguous terms it is stated that the provisions of the 1986 Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.

ARBITATION AND CIVIL PROCEDURE CODE

It is the general perception that the Arbitration Law is a separate Law and complete in itself, but the Civil Procedure Code is applicable in the Arbitration Matters referred before the Civil Courts under the Arbitration and Conciliation Act 1996.

Section 19 of the Act 1996 states that Arbitration Tribunal shall not be bound by the Civil Procedure Code 1908 (hereinafter the Code 1908) or the Indian Evidence Act.

However, Civil Procedure Code provides an exception to Section 19 of the act. Section 39 (2) of the act, states that on the refusal by the Arbitration Tribunal to deliver the award except on payment of the costs demanded by it, the court may, on an application in this behalf, order that the arbitral tribunal shall deliver the arbitral award to the applicant, on payment into court by the applicant of the costs demanded, and shall, after such inquiry, in any, as it thinks fit. The court can, further order that out of the money so paid into Court there shall be paid to the arbitral tribunal by way of costs such sum as the Court may consider reasonable and that the balance of the money, if any, shall be refunded to the applicant; though this is not the only exception. For the conduct of Arbitration Proceedings, the parties may agree to make the tribunal rely on specific provisions of the Code. Furthermore, a party may, before, or during arbitral proceedings or at any time after the making of the arbitral award but before it is enforced in accordance with section 36, apply to a court under the provisions of the Code, 1908, for certain matters; such as

for the appointment of a guardian for a minor or a person of unsound mind for the purposes of arbitral proceedings; or
for an interim measure of protection in respect of any of the following matters, namely:

(a) the preservation, interim custody or sale of any goods which are the subject-matter of the arbitration agreement;

(b) securing the amount in dispute in the arbitration;

(c) the detention, preservation or inspection of any property or thing which is a subject-matter of the dispute in arbitration, or as to which any question may arise therein and authorising for any of the aforesaid purposes any person to enter upon any land or building in the possession of any party, or authorising any samples to be taken or any observation to be made, or experiment to be tried, which may be necessary or expedient for the purpose of obtaining full information or evidence; (d) interim injunction or the appointment of a receiver;

(e) such other interim measure of protection as may appear to the court to be just and convenient, and the court shall have the same power for making orders as it has for the purpose of, and in relation to, any proceedings before it.

Further sub-section (3) of Section 37 of the Act 1996 denies the right to second appeal against the order passed under sub-sections (1) and (2) of the Act, which does not fulfil the objective of section 115 of the Code, 1908.

It was held in the case of Anup kumar Biswas vs. Baul Kumar Biswas that,

Unless a specific provision is provided for a specific procedure to be followed, a normal procedure of a High Court or Forum to which the appeal lies becomes applicable, and the jurisdiction of the Court concerned to deal with such appeal is a procedure under which it is governed, and the same cannot be excluded.

Order 41 rule 11:

The application of Order 41 rule 11 of the Code, 1908 cannot be excluded in respect of an appeal preferred under s. 37 (1) (a) of the Act 1996.

In India, the Code of 1908, governs the execution of decrees whether foreign or domestic. If the award is not performed by the losing party, the successful claimant can enforce it ‘in the same manner as if it were a decree of the court under the CPC. This provision includes the enforcement in the case of Arbitration award also.

In India, the courts do not review the merits of an award in arbitration, unless it is at the request of a party and only if it is under restricted grounds of challenge laid down in the Act 1996.

The Code of 1908, laid down that cases must be encouraged to go in for ADR under section 89(1) There are various schedules in the Code that places duty on the court to provide for settlement between the parties,

Under the First Schedule, Order XXXII A, Rule 3 a duty is cast upon the courts to make an endeavour to assist the parties in the first instance, in arriving at a settlement in respect of the subject matter of the suit.

The second schedule is related to arbitration in suits while briefly providing arbitration without the intervention of a court. Order I, Rule 1 of the schedule says that where in any suit, all the parties agree that any matter in difference between them shall be referred to arbitration, they may, at any time before judgment is pronounced; apply to the court for an order of reference. This schedule, in a way, supplemented the provisions of the Arbitration Act of 1899. The general principle is unquestionable that the arbitration is governed by the law of the seat of arbitration.

CRITICISM ON WHETHER ARBITRATION ACT APPLIES IN CONSUMER CASES

When there are two remedies present in any dispute then it is possible that one party may go for one remedy and other party may approach the second remedy,inorder to have one conscience it is mostly witnessed that people opt the middle way of going with the contract which they had signed with the mutual consent. In this case also arbitration agreement was signed that in the case of any dispute parties shall refer to arbitration . But the consumers approached to “consumer protection district redressal forum” as there was delay in giving ht flats. Although they may be right on there part as in the arbitration agreement it was also contented that the”Sole Arbitrator shall be in relation with the builder”. But by approaching to the court the complainant had questioned the basis of section 8(1) . Again if we see the another part then complainant is consumer and if any of the right is violated as a consumer or he experienced any kind lack of service then he can approach to consumer forum.

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APNA BITES Workplace Harassment: Everything you need to know to avoid it – by Malini Chaudhri

Malini Chaudhri 3 Apr 2018

Workplace harassment. How to avoid it. Original article link.Efforts have been made to document workplace laws generally and specifically. Here’s everything you need to know to avoid Workplace read more

Workplace harassment. How to avoid it. Original article link.

Efforts have been made to document workplace laws generally and specifically. Here’s everything you need to know to avoid Workplace Harassment.

For professionals and interns at work, the workplace is the most important place, even more than their home. Efforts have been made to document workplace laws generally and specifically. At the general level, the world and its court are concerned about training professionals behavioral skills that will prevent losses at work. At the specific level, the listing of issues is endless and management is all about controlling conflict around the work scenario.

Now what we know about the financial den, the skills, training, mentoring, assessing, reporting, teaming and gaining, SUCCESS is the name of the game. This is everyone’s forte, interest, and goal. Deviance in the workplace are from those with unethical competition, misuse, and exploitation of systems and employees to the extent that the equilibrium and productivity is threatened. Management arranges instant control and correction.

For employees in conflict, management arranges processes that provide calm indications of the issue.

This is done through grievance forms. Grievances have specific management protocols, failing which the employee can seek support from HR department, police, court or other. At the time of signing an employment contract, the individual should discuss the arrangement to documentation in-house for the management of grievances as sexual, racial, slander, sickness or other.

Conflict in India at work also may be noted in the lack of laws in arbitration, in workers compensation and in work ethics.

The judiciary is not very exposed to circumstances at work for young employees, newcomers or women, They may be cheated fast and may be permanently damaged by labour groups if they report to police. They have to manage intuitive controls and remain afloat. India’s youth have shouted out foul cries at the corruption in their midst.

The Workplace and employer dread police reports the most and can exercise any amount of violent control on an employee seeking justice.

In my first major job in India, even at the level of Director, I noticed frequent attempts at intervention from unseen competitors based in-house. I was paid only half my salary, and exorbitant taxes were deducted. This is despite my restoring the company entirely from closure. I was accepted for the post on a probationary basis, in which I had to be taught the skills, yet the company did not have the skill base. My workload was increased to a twenty four hour day, from eight hours without increase in pay. Salaries were two to three months late. I was also put to great risk after my resignation and followed relentlessly, successive jobs intervened with, and the scam was arranged around me, my servants, friends, and family, absolutely to my residence, which was also endangered. The background enemy remained unseen, but there was evidence on the track left that showed India to be another hostility, seeking to harass and damage for the sake of ownership at work.

All said and done, in a situation where women do not become commandants, I could do little more than remain grateful for the immense opportunity given to me. The challenge of work is the greatest one before the judiciary. Women have a place at home with a child or two and a servant after the first year of conjugal bliss. There is little opportunity for growth. Employment changes the woman’s role in her milieu and can disturb her family support to her peace.

Harassment extends beyond the workplace.

Now there is family to discuss, traffic, rising costs, in-house competition, delays and low salaries that do not belong to workplace harassment, but the employee cannot locate the precise issue and everyone is blamed. This should be avoided at all costs.

There is a skill recognized to manage the workplace by taking remedial measures to avoid workplace harassment and subsequent failure of the employment machinery.

In courts, for instance, in case of delay, a lawyer can send a proxy to attend. The lawyer marked absent in court faces disreputation and a damaged career. This is a remedial action that avoids conflict and damages for the client also. Family issues must be managed with mediation and kindness. Seek support where there is confusion in issues. Build up teamwork where employees are unfriendly. Take a loan if funds are short, or make friends with those who can arrange work overtime.

In cases of sexual advances and innuendo, seek a channel in-house that can avert a crisis. Do not confront. Management of obscenity, flirtation and scam may be set up from anyone on innocent employees. A friend may support you by cutting in. Even the domestic staff knows how to intervene and observe where employees are being harassed. A lady employee, known to go along personally with an employer, is blacklisted in industry and government at work, and the stigma remains forever. Years later if issues explode in court cases, these significant details are kept and provided for the enemy to score.

In India and overseas, misuse of magic and mysticism has been noticed strongly at work.

So is deceit. In a job in China as a professor in a University, I resigned to return home as my term had finished. I wrote to an American colleague that I was interested in coming back to work in China. She received my letter, but instead went to the Principal, and said “Malini will never come back. Please give me her job.” A student was given a letter by me indicating my interest in returning. This letter secured my work and the Principal was able to bring me back to China with air cost, higher wages, and privileges.

There is a proverb in China which says ‘Treading the tail of the tiger. Yet he does not bite.” To enter the workplace, to me has been something like this. It shows risk. Yet all is well in the end.

The anecdotes and examples mentioned are only a few. High level work as in scientific fraternities, libraries, academia and seminars has been notably without conflict. There is social, well developed mentoring and prompting to complete tasks. At the top end, managers and experts have resolved duality to a greater extent, as may also be noted in a Justice. Authority is organized and respected in the heirarchy. Leadership brings in inspiration and turns heads to follow.

At lower levels, cases are based on first hand reporting and investigation. Respondents may accumulate evidence that is false on the petitioner, and exhibit violence in many fronts. The workplace ethics trains individuals to report graciously and avoid reactions, comments, nastiness or threats. Any practise before the Justice, remains within control. However the scene behind may be political or influenced. Those in the situation notice the other reality of seeking justice. It may be hard to find.

At the level of High Court, evidence of details and peer review of cases in the lower courts are methods used to take a petition further. Academia and scientific publishing also are based on evidence and peer review. The systems are with advanced methodology to establish the rank and file of the individual in the workplace, who may be hired by a company, or issued grants. The IOT revolution, pharma, agriculture and technology industries are based on these practises.

Perhaps the newcomer at work should be marked as newcomer. They may be reactive, emotional, dependent, and attempting to cut into the jobs of peers. Induction strategies of HR divisions in companies should train newcomers never to create trouble, and understand the outcomes of losses caused in the company from false reporting, or trouble to teams. Lawyers may also devise plans to tell petitioners what to expect in the judicial machinery, and how to maintain good behavior throughout. Petitioners are often confused at lawyers abrupt behavior, the lack of empathy, and the non availability of extra communication time. Planning is needed at lawyers level to satisfy the customer.

Strategies at work for financial profit and reduction of harassment, abrupt departures, misunderstandings, and cruel controls on hard working employees must be implemented securely for the workplace and the court to achieve comfort zone. The risk management model to avoid harassment may be implemented. This model is based on assessment of potential risk, systems implemented to reduce the risk, and strategies relevant to report risks. There are officers in charge at each level.

Employees for instance may be informed that leaving the workplace late at night is a risk and harassment is likely. The strategy is to ask the employee to leave at 5pm. During exceptional working days and meetings, the workplace can arrange transport for the employee to return home without trouble. This basic model can become complex when risk is present during floods, during political anarchy, during amagamations and mergers when companies are changing directions. Courts, for instance, have new secret satelite models of intelligence and risk control, which are only wth a few. The new systems invade privacy and data. There is risk in losing data, but security in the Risk controllers knowing employees in the workplace who browse porn sites and store links to internet daters. These employees are marked and removed from important work sites.

Lack of understanding triggers upsets and collapses controls. The world is not a secure place, except when humans come together to improve the human condition and the human race.

By – Malini Chaudhri

Content Writer @ Legal Bites

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INTELLECTUAL PROPERTY AND ENTERPRISE VALUE. INNOVATION BITES

Malini Chaudhri 3 Apr 2018

Modern innovation is the basis of a dynamic economy. The grants have shifted from university to the corporate arena. Scientists, researchers, and inventors have followed rigorous standards in a discipline of innovation, laboratory compliance, team listing, peer review and scientific publishing. All this intellectual labor is to be productive in the end. Excellence is recognized in achievements and merits of scientific breakthroughs which can boost the business of commercial ventures.

Engineers, scientists or inventors may sell their product to the marketplace. They are picked up by assessors who can convert their intellectual substance to an enterprise. Imagine inventing the flying car. The engineer is arranged by Uber or an alliance group to manifest the technology, refine it, assess its marketability, or follow feedback from experts intending to use his product. His product is Intellectual Property and sells at the cost of a lifelong value. The value of his property is not the flying car. It is the idea, the technical, the patent, the package, the recognition that makes it all happen. This patent, trademark, logo, award may be valued at several million dollars as the world is to use it and a market is to be generated of over ten times more value. The adjunct disciplines, skills training, safety apparatus, factory planning, buyers, agents and so forth are all arranged when the deal is transacted.

During the era of the internet revolution and the incoming internet of everything, the scope for the Intellectual property is high, especially with apps, IOT devices, and knowledge database development. The risk to Intellectual property is extremely high simultaneously, in proportion to the value of the product.

Cyberwars, star wars, intellectual wars and avenger games have hit the market in a catch 22 situation, where innovation robs the innovator of his property as it is completed and before it is sold. Innovation may be on record as a competitor satellite group with advanced machinery to invade the privacy of an individual in his experiment, a satellite militant army that attacks unprepared individuals and researchers to manage a dangerous cutting edge message for the business world to show redundancy, or to face death.

This is the hurdle and high cost of intellectual war the world is currently located in. Apple released the news recently of the trillion dollar cost anticipated to manage cybersecurity in 2018 to protect attacks on patents.

The Judicial machinery is conversant with intellectual property laws but handicapped in managing instant controls, or in following the threat intelligence. The threateners show conflicting or disguised systems and conceal their play. Yet they dominate the world.

The individual strengthens his study of the law, manages his patent, manages secure emails, secure networks, communities, laboratories, and funders, well linked to governments. Open access scientific portals and libraries have arranged individuals with ORCID ID and more Intellectual property controls in order that their contribution is recognized and their value may be assessed by funding agencies or companies.

An artist, photographer, poet, author, dancer, architect or even a tailor, has the scope and right to establish his identity digitally and in physical space. They have the right to a financial value for their skill. The internet can immediately show hackers and thieves in their system. A tailor showing up as a photographer for paid assignments will indicate a confused identity, a work attempt that is not skill related.

It is time for everyone to understand their skill and convert it into a financial strength. They may take their photography through a portfolio to a lifestyle magazine. Or they may take their dress design to a fashion house to obtain a job.

A photographer and tailor can occupy a place on the street with a promotional hoarding. This does not protect them when the attacker comes to steal their style. They must be arranged to consultants and legal experts to secure their professional development in the global workspace.

It will be very comforting to see an India conforming to the lofty ideals of the judiciary and seeking refuge in their organized systems. Bill Gates has spoken that in the current times with the race for data “Intellectual Property has the shelf life of a banana.”

However, we must see the other side of merit, stamp our identity, protect ourselves in the law and appeal to the judiciary in case of criminal trespass. We must also follow and activate self-managed security, use private computers, securing emails, secure profile identification, Aadhar card or mobile phone listing, address and professional listing and a secure photograph. We must manage to conceal our data, act swiftly, not leave open computers unattended and report to cyber police to secure against data loss.

With Intellectual Property in hand, let us commit to join hands to keep the internet safe.

– Malini Chaudhri

Content Writer at Legal Bites

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Project Management is Key to Survival for Lawyers

Charanjeet Kaur 3 Apr 2018

The ever-growing use of technology is changing how the legal industry operates. Right from businesses to individuals seeking legal advice and/or representation are demanding greater value for their work read more

Essentially, most of the clients today want legal services that are affordable and convenient. And so, lawyers are under growing pressure to be able to deliver efficient legal services on time and within budget. These expectations, coupled with the need to adopt appropriate risk management practices, 24/7 access to law answering services… to name a few causes tremendous stress on legal professionals to manage their workload in a more disciplined manner compared to the past.

Wondering about the possible solution? It’s Project Management.

Implementing project management can help lawyers (practicing solo or as a part of law firm) mitigate some of the stresses associated with managing legal matters effectively.

This article will provide a better understanding of what project management means for the legal industry, and why it is needed?

What exactly is project management for lawyers?

Project management in its most basic sense is, applying management practices to the legal work, which helps improve the quality of services and save time by systematically organizing the daily workflow.

In a broader sense, project management provides a structured approach to plan and manage legal work (or project), monitor progress towards an end goal, create and track budgets and streamline delivery – to boost productivity and profitability.

How project management is the key to survival for lawyers?

In a highly competitive environment, where digital transformation is becoming the ‘new normal’, law professionals need to adapt to survive and remain competitive.

1. Adapting to Win

The traditional billable hour of legal service delivery lacks transparency, as clients understand that they are billed by the hour, but they don’t have any clue about the work that is actually performed for their account.

Considering that most of the clients now demand transparency in the costs they pay to their legal counsel, embracing project management can help you gain an upper hand over your counterparts – who refuse to adapt and still cling to the traditional billable hour model.

Applying project management help law professionals to justify hefty fee charges, as clients can track billable hours by capturing detailed information with real-time reporting and historical records.

2. Helps Reduce Wasted Time

Another great benefit of project management is that can help lessen wasted time, by reducing the time you may waste in searching for required documents (i.e. case history, billing records, court hearing logs, etc.).

Using project management software, legal counsels can quickly locate specific documents. Thus, such software serves as your ‘go-to’ tool to access relevant information all in one place.

Furthermore, gaining quick access to documents help law firms to apply the skills of their highly experienced team members to more important tasks.

3. Effective Communication

It’s no secret that clients expect to stay informed about the progress of the case; they demand to be communicated about the most important developments surrounding their legal matter, and divergences within the case.

Implementing project management can help you communicate more efficiently with your clients, which eventually helps in maintaining a strong client relationship. For instance, you can schedule notifications to be sent to clients (via email or message) and by being responsive to your client queries help transform your client relationship into long-lasting partnerships.

Conclusion

Whether you are a solo legal practitioner or a law firm, with new entrants who have embraced modern law practices and technology, it has become more important than ever to adapt to new technologies that can give you the winning edge. By placing due importance on project management can help lawyers improve their productivity, and at the same time offer high quality services to clients. This article covers three of the most basic benefits that lawyers get by implementing project management.

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New York's Juvenile Lifers still await freedom

Michel Smith 2 Apr 2018

A federal class-action lawsuit was filed against the New York State Parole Board, on Tuesday, claiming that the parole board violates the constitutional rights of juveniles – sentenced to a minimum number read more

The lawsuit filed by Carlos Flores seems to have sparked debate over the issue of denial of parole applications filed by juvenile lifers.

Mr. Flores was 17 when he along with two other accomplices tried to rob a bar in Queens, N.Y., in January 1981. During the robbery, one of the accomplices shot and killed an off-duty police officer named Robert Walsh – when the officer intervened and tried to stop the robbery.

Mr. Flores was charged with second-degree murder conviction – that carried a maximum sentence of 25 years to life in prison. However, since Flores was not the shooter, he was sentenced to 21 years of imprisonment. Now that Flores has turned 54, and has already served 37 years behind bars, yet he has been denied parole by the New York State Parole Board.

What’s more surprising is that based on a recent risk-assessment test, it was found that Flores release would pose the least threat to the public. This makes him an ideal candidate for parole. And despite that, the New York State Parole Board for the past 16 years has denied parole to Flores saying, “Discretionary release at this time, would not be compatible with the welfare of society and would tend to deprecate the seriousness of the instant offense and undermine respect for the law”.

Although the New York’s parole board was ordered, by the state appeals court in 2016, to weigh an inmate’s youth when deciding to release that inmate, but the board still often rejects parole to people like Flores.

The New York appeals court said that the Parole officials should release juvenile offenders who have already served their minimum sentences. Further, the court said that, the board can keep an inmate locked up, if it has evidence that the inmate poses threat to the public. But the board should also give inmate chances to show that he/she is ready to return to society.

New York holds roughly 630 prisoners who are serving indeterminate life sentences for committing crimes before the age of 18. But even after completing the prison sentence, most of the juvenile lifers await freedom, as New York’s Parole Board still resists modern understandings of crime and punishment.

Another unsettling problem with the justice system is the racial disparity when it comes to giving parole to juvenile lifers. As per a study, black juveniles were most likely to get harsh juvenile sentences as compared to white juveniles.

Furthermore, even in states having more progressive parole procedures, the rate at which juvenile lifers are released is not rising as it should. That’s because, several parole commissioners hang on to outdated prejudices about juvenile offenders, while others live in fear of freeing the person who may commit another terrible crime.

Since parole commissioners face virtually no answerability for keeping people locked up, as there exist no incentive to vote for release, they disregard new rules and public usually doesn’t know the difference. This persists in spite of the fact that a person is far less likely to commit crimes as he/she get older.

If routinely denied, parole becomes a meaningless concept, which is specifically true in the case of juvenile lifers. And thus, as the Supreme Court has said repeatedly, Parole boards in New York (and other states) must give juvenile lifters a real chance to show they’ve grown up.

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Important Decision

KASHYAP AMIT 2 Apr 2018

(IMPORTANT DECISIONS 31.03.2018)Amendment of written statement - Sought after about one year of discovery of document on the basis of which amendment of written statement sought - Application dismissed. read more

(IMPORTANT DECISIONS 31.03.2018)

Amendment of written statement - Sought after about one year of discovery of document on the basis of which amendment of written statement sought - Application dismissed. (2017(4) Civil Court Cases 425 (Delhi)

Application u/s 156(3) Cr.P.C. - Order to treat it as complaint - Nothing new which can be exposed after investigation - No illegality or impropriety in the impugned order. (File No.46021 at lawmirror.com)

Custody of child - Wife granted custody by way of an interim order - Husband permitted to visit child at periodical intervals - Withdrawal of suit by wife - Visitation rights of husband cannot be taken away by withdrawal of suit by wife. (File No.43422 at lawmirror.com)

Dishonour of cheque - Security cheque - Merely because cheque is issued as a security is no ground to exonerate the penal liability. (2017(3) Civil Court Cases 407 (Allahabad)

Document - Not sufficiently stamped and not duly registered, when it was so required - Cannot be admitted in evidence for any purpose. (File No.45869 at lawmirror.com)

Exclusion of time - Pursuing of criminal remedy does not bring the case within the provision of S.14 of Limitation Act. (2017(3) Civil Court Cases 208 (P&H)

Execution - Dismissal in default - Decree holder has remedy either to apply for setting aside the order or file a repeat application. (2018(1) Civil Court Cases 405 (M.P.)

Execution - Objections - Plea of renewal of tenancy by accepting rent - Mode and manner of tendering rent not specifically pleaded - Framing of issues and allowing opportunity to lead evidence beyond pleadings is not permissible. (2016(2) Civil Court Cases 020 (H.P.)

First Appeal - Jurisdiction of First Appellate Court is very wide like that of Trial Court. (2018(1) Apex Court Judgments 218 (S.C.)

Specific performance - Ready and willing - Disclosure of means or source to raise and pay in cash become insignificant and inconsequential when it a case of fraud and total denial of transaction on the part of defendant. (2018(1) Civil Court Cases 340 (Gujarat)

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11 FACTORS CONSIDERED BY JUDGES WHILE GRANTING MAINTENANCE TO WIFE.

Kanika bhardwaj 31 Mar 2018

11 FACTORS CONSIDERED BY JUDGES WHILE GRANTING MAINTENANCE TO WIFE. 1. Status of the parties. 2. Reasonable wants of the Wife.3. read more

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INDIA'S SMART IPO INVESTORS

LEXSTREET ADVISORS LLP JAYDEEP MEHTA 30 Mar 2018

India’s IPO investors grow smart, teach greedy firms a good lessonBy Amit Mudgill, ETMarkets.com|Updated: Mar 30, 2018, 10.51 AM IST

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FOREIGN EXCHANGE MANAGEMENT ACT, 1999

LEXSTREET ADVISORS LLP JAYDEEP MEHTA 30 Mar 2018

Update on Foreign Exchange Management Act, 1999 RBI vide notification No. FEMA 389/2018-RB dated March 20, 2018 has notified Foreign Exchange Management (“Cross Border Merger”) Regulations, 2018 (“RBI read more

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KOTAK COMMITTEE RECOMMENDATION AS APPROVED BY SEBI AND ITS EFFECT ON NDIAN CORPORATE SECTOR...

LEXSTREET ADVISORS LLP JAYDEEP MEHTA 28 Mar 2018

Effect of Kotak committee recommendations as accepted by SEBI in its Board Meeting today.. 1. Maximum no.of directorship in listed companies has been reduced from 10 to read more

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