Q : Will there be an age limit for next year’s CLAT ?
Ans :
No.
As of now, there is no age limit for CLAT
There was an age limit that was announced for CLAT 2017, which was challenged in the Allahabad high court and then the Supreme court, both of which struck down the age limit.
Q : Is there an open university for an LLB?
Ans :
This answer is from an Indian LLB context
No.
There is no Bar Council of India recognized ‘Open University’ or ‘Distance Education’ or ‘Part time’ LLB offered in India.
BCI recognizes only full-time LLB (3 year LLB or 5 year integrated LLB dual degree)
Q : On the basis of a high court order, can a district magistrate give an order to another similar case?
Ans :
Yes – If the facts & circumstances of the second case are very similar to the first case.
Statute law = the law passed by the parliament, which is written and must be adhered to.
Common law = where judges decide on cases by looking at previous decisions that are significantly similar and utilize the principles followed in deciding the previous case, i.e. Legal precedent.
Legal Precedent = a previously decided case which establishes a rule or principle that may be utilized by a court or a judicial body in deciding cases that are similar in facts or issues.
To summarize : If the District Magistrate deems the two cases to be very similar, the previous decision in the superior court (High court) can be used to give a similar decision in the lower court (District Court).
But, if the DM sees that though the two cases look similar, there are different underlying circumstances, She/He can give a different decision.
Q : How can I get the money for my MBA admission when I don’t have any assets to sell or to take a loan?
Ans :
Most public sector banks in India give education loans of up to INR 4 lakhs without any collateral. (But a guarantor will be required.)
Private sector banks may charge higher interest rates, but they offer bigger loans (HDFC offers up to INR 7.5 lakhs) without collateral, but will require a guarantor.
For Tier 1 institutes – public sector banks offer even INR 20 lakhs + as education loans, without collateral and without a guarantor.
Suggestion : Check with the administration of the college you are joining. They usually will have a tie-up with some bank (Usually ICICI or HDFC) which will offer loans with better rate of interest and possibly without any guarantor.
You should also check if any Merit – Means scholarships are available with the college or any waivers / discounts .
Note : My information may be outdated. Check with the banks in your area to reconfirm the Terms and Conditions for education loans.
Q : Can I register the same fraud case in a consumer court and in a district court?
Ans :
No.
Section 10 of the Civil Procedure Code states :
“10. Stay of suit.- No court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other Court in India having jurisdiction to grant the relief claimed, or in any court beyond the limits of India established or continued by the Central Government and having like jurisdiction, or before the Supreme Court.
Explanation : The pendency of a suit in a foreign Court does not preclude the courts in India from trying a suit founded on the same cause of action.”
If the case is already pending in one court (the Consumer court in this question), you will have to wait for the decision before appealing.
But ! Depending on the specifics of your case, you can possibly file a criminal case as well as consumer complaint. A consumer complaint on the grounds of unfair trade practice and a criminal case for cheating.
Note: You should seek advice from an experienced advocate, providing all the details, to reconfirm the process. Since the specifics of your case are not available, this answer is very generic and should not be construed as legal advice.
Q : What aren’t Volvo cars doing good business, despite higher standards?
Ans :
“… despite higher standards?” – Says who ?
With reference to :
Q : What should I do if the HR doesn’t reply after offering the job?
Ans :
First of all, do you have a confirmed ‘offer’ from the company ?
- Verbal confirmation or even an email stating that you have cleared all rounds of interview and will be contacted with an offer – is not an offer*
- Verbal discussion or an email with some agreement about your salary expectations vs. what they will offer – is not an offer*
- Verbal commitment or an email that you will receive the offer shortly, tomorrow, by Monday etc. – is not an offer*
An offer will be the actual soft-copy / hard copy of the offer document, with the details, terms and conditions, break-up of the salary offered, tentative joining date (or a statement that the joining date will be confirmed later) and a deadline by which you have to accept the offer.
Only after you accept the offer within the deadline will the ‘offer’ have some relevance.
Even then, the offer will be subject to other terms and conditions – such as clearing the background checks / reference checks etc. without which you cannot be taken on-board.
Now, coming to your question…
If you actually have a confirmed offer (soft copy or hard copy) and you have accepted the same within the deadline, you should stay connected with the HR and ask for confirmation on the joining date and formalities.
If there are any other email addresses / phone numbers provided in the offer document, reach out there.
If there is no response, you can go over to the office with copies of all the documents and get a reconfirmation from the HR team.
Due to attrition in the HR team, it is also occasionally possible that the recruiter who sent you the offer document is no longer with the company; hence the no response.
Even though many companies have Taleo / Brass ring and other recruitment management systems, a lot of work still happens over emails, excel sheets and physical notes. So it is possible to lose track of a candidate – especially if the recruitment is being done at high volumes and also if there is attrition in the HR team.
Note : I am not getting into the semantics of how a verbal contract is a valid contract etc. This answer is just from a practical scenario – having seen both sides of the recruitment process.
Q : Which music is the best to concentrate on before studying?
Ans :
To focus on something, you need to ‘unfocus’ from other things.
I regularly use music to help me concentrate when I am working or studying.
The idea behind using music while studying is to help drown out other ambient noises and also to help me feel relaxed.
My criteria for the music is :
- It should be soothing and slow / medium paced.
- No lyrics – so that I don’t end up focusing on the song !
- Playable at a low volume.
In the mid 2000’s when Worldspace Satellite Radio was working in India, I had connected it to a good sound system and would play a Jazz station called ‘Riff’ or the Carnatic music station called ‘Shruthi’ – all day long, at a very low volume.
Unfortunately Worldspace went bankrupt and shut down sometime in 2010.
After some trial and error, I figured out a replacement that works for me :
- Go to
Q : Is marking an initial deposit “non refundable” by colleges justified? What legal remedies does a student have regarding this?
Ans :
It is perfectly legal, unless there is some existing rule or law that explicitly prohibits taking non-refundable deposits.
All that the college has to do, is to ensure that the ‘Non refundable’ part is clearly mentioned in the terms and conditions; and there is no misrepresentation of any other aspect that can be deemed as important or significant in influencing the student’s decision to seek admission and pay the deposit in the first place.
Legal remedies : Only if there is a clear fraud, misrepresentation or miscommunication by the college.
Or, if the college fails to provide some significant facility or benefit, that can be considered as one of the reasons behind a student deciding to seek admission.
For example; if a College had mentioned in their advertisements or prospectus that their courses are UGC recognized and this turns out to be false, students who have paid any ‘Non refundable’ deposit can claim the amount back.
Students can argue that they paid the deposits only because they believed the UGC recognition part and sought admission.
Another example; if a college had promised to provide hostel facility to all students; and subsequently fails to do so, a student can seek cancellation of the admission and get the ‘non refundable’ deposit to be refunded.
But remember, Colleges have been in the game much longer than the students 🙂 So almost everything significant will be covered with a ‘* Terms and Conditions apply’
Q : What is the difference between a CPC, CRPC, and constitutional?
Ans :
Civil Procedure Code – the main objectives are to
- deal with disputes between people or entities
- stop a loss or damage
- provide restitution or compensation for a loss or damage
Criminal Procedure Code – the main objectives are to
- deal with ‘criminal activity’
- punish convicted criminals
- create a ‘negative reinforcement’ to deter criminal activity
Constitutional law
- defines the rights, roles, powers of people and entities
- defines political and administrative relationships between people and/or entities
- establishes the governance framework for people, entities and ultimately the country as a whole
Note : This is a 30,000 ft answer. There are better answers to this question. Feel free to chime-in with your comments.
Q : What does it mean when an employer says the CTC position is open during an interview, & asked for your current as well as desired CTC?
Ans :
If the company already has roles similar or equivalent to yours :
‘CTC is open’ just means that they don’t want to tell you what they can pay !If you are a niche hire or have a special skill-set / experience –
‘CTC is open’ just means that they don’t know what they should pay !In most medium and big companies, salary bench-marking is done annually or bi-annually to have an ideal ‘range’ for different roles / teams / skill-sets.
The bench-marking takes into account internal pay ranges and also the market pay ranges.
These bench marking exercises are done by companies like Aon Hewitt / KPMG / Kelly etc. which will take anonymized salary data from multiple companies to get the ‘market range’.
If a company’s internal pay ranges are significantly less than the market ranges – they will have an attrition / poaching risk. They will then do a ‘market correction’.
If a company is already paying higher then the market range, they will try to reduce the annual hikes.
To summarize the answer : Unless a company is hiring a person with a niche skillset, the HR / Comp & Ben team will already have a pay range for all levels. There is no such thing as a truly ‘open CTC’.
It is just that either the hiring manager / recruiter does not want to reveal the pay scales or they do not want to set any expectations (positive or negative).
Q : What is something that you will never eat again?
Ans :
Well, first let me clarify :
- I have not eaten / tasted / drunk this stuff ever.
- I have no intention of trying this stuff ever.
- So this answer will be more relevant to “What is something that you will never eat (or drink) !”
A Signature drink in the bar at the Downtown hotel in Dawson City, Canada is apparently a shot of whisky, with a mummified human toe in it.
The toe that was being used regularly was stolen earlier this year, but they do have a couple of back-up toes
Read all about it here :
Q : If someone is accused of a crime but has not yet proved that the case is still in the court, will heshe get a job at Accenture Noida?
Ans :
Any person ‘accused’ of a crime is not ‘guilty’ till proven so in a court of law.
Depending on the organization, the background checks initiation forms will have fields for declaring any prior convictions / ongoing civil or criminal proceedings against you. – Declare all the details factually.
Even if organizations don’t specifically ask for the details, one of the clauses in the offer document will state that you consent to your background, credentials and qualifications being verified.
When your details are sent to the background verification (BGV) agencies, they do check the judicial databases or the courts with jurisdiction over the places you have previously resided at – for any convictions or ongoing proceedings.
The details may be included in your BGV report which goes back to the company. If it shows cases like property disputes, divorce proceedings etc. the HR team may not bother about it.
If it shows any financial crimes, serious criminal convictions etc. the HR will ask you for details and explanations.
The extent and type of background checks differs from company to company. Big MNCs typically follow a global standard and are more stringent.
The type of role may also determine the extent of background checks. Financial services companies / Banks are usually required to be more thorough.
Just apply for the job. Provide full details wherever required and explanations when asked for and all will be well.
Q : Can someone become a judge just after getting a BA LLB?
Ans :
As far as ‘Basic Qualifications’ are concerned – Yes. BA LLB is enough to qualify to become a Judge.
But, to actually become a judge, you will have to :
- Meet the min – max age criteria.
- Meet the minimum marks criteria.
- Meet the ‘languages known’ criteria.
- Meet the experience criteria (if applicable) – which may require you to have practiced as an Advocate in the High Court or Courts subordinate for minimum number of years.
- Clear the Judicial services exams.
You should refer to the Judicial Services exam notifications for details applicable to your domicile state.
Q : If someone fails 3 subjects in class 12 and does not appear in a compartment, can he take the improvement exam next year in all subjects?
Ans :
This answer is in the context of Karnataka PUC (Class 12 in Karnataka)
There was an option for Karnataka Class 12 (PUC) students to ‘Reject’ the results of the passed subjects in the final exam, if they are not satisfied with their marks.
You could reject the entire set or specific subjects – and take the next exam.
You can read the notification at the link below. But I am not sure what is the current process, rules and regulations.
You should check with your college office or with the exam board office about similar processes in other states / +2 / Class 12 systems.
Q : What are the career opportunities after a BA.LLB?
Ans :
This is from my answer to a similar question :
What to do after BA LLB depends on your career aspirations and personal preferences. (This answer is in the Indian context)
If practicing Law is your goal, you should ideally
– start your apprenticeship with a good lawyer or law firm
– enrol with the state Bar association as a practicing lawyer
– start preparing for your AIBE – All India Bar Exam
– take up a LLM program, MBA program or a specialisation course via correspondence or distance educationIf pursuing full-time PG in Law is your next step, you should ideally
– enrol with the state Bar association as a practicing lawyer
– start preparing for the AIBE (Bar Exam)
– In parallel, you should start preparing for the LLM entrance exams (AILET PG / CLAT PG / DU LLM entrance)
– bag a seat in a premier college to pursue a full time LLM from the next academic sessionIf diversifying your academic qualifications is your idea, you should
– enrol with the state Bar association as a practicing lawyer
– start preparing for the AIBE (Bar Exam)
– In parallel, you should start preparing for MBA entrance exams (GMAT, XAT, CAT etc.)
– bag a seat in a premier B-School to pursue a full time MBA from the next academic sessionTo summarize the answer :
- Aim at clearing the AIBE at the earliest after your LLB – while you are still fresh with your LLB subjects
- If practicing law is your goal – start off early and start building your firm. You can take up a distance LLM / MBA for additional qualifications
- If corporate employment is your aspiration, look at getting into a LLM or MBA program in a Tier-1 college
Q : Could I go to a low-tier law school then start private practice after the completion of school and the bar exam?
Ans :
There are always exceptions to the rule, this is a very generic answer with my point of view.
Tier 1 Law schools are referred to as ‘Tier 1’ because of the quality of the facilities, faculty, students and the academic rigour.
The quality of these components affects the quality of the output; i.e. the knowledge of the graduating students.
This in-turn attracts top recruiters to the campuses.
The main advantage of a Top Law School (apart from the learning opportunities) is that your chances of getting placed in a Top Firm will be significantly better.
However, private practice is a different ball game.
Irrespective of which Law School you graduate from, you need to acquire practical and working knowledge of law and legal processes.
You will need to build your contacts over a period of time and use your Business Development skills to stand out of the crowd.
After all, clients wont just flock to you because of your school – they will come to you once have built a reputation in the market for getting the job done; and also because of referrals from various sources.
If you have graduated from a Tier-1 Law School, it may give you some initial advantage, but in the long term it doesn’t matter.
To summarize the answer:
- If you are looking at a corporate career – a Tier 1 Law School will make a lot of difference.
- If you are looking at private practice – Where you graduate from will not matter much.
That said, if you have an option to go to a Tier 1 Law School, you should definitely opt for it. If you cant, no regrets.
Q : I am 52 now and want to pursue LLB. Is there any age bar for pursuing and practicing the same at this year?
Ans :
As of today – 15th August 2017, there is no maximum age for enrolling into a LLB course – either a 3 year or a 5 year program.
The beauty of a LLB degree is that it is one of the few ‘Professional’ degrees that you can take up at any point in your life ! * * *
There are age / entrance exam and other restrictions on almost all other professional courses – which allow you to practice independently.
* * * But I would suggest that you enrol in a suitable college in this academic year if possible, or at the earliest possible opportunity.
The reason is that BCI has been trying to put some age restrictions on LLB admissions.
BCI has previously notified an upper limit of 22 years for 5 year integrated LLB and 45 years for a 3 year LLB on the 1st of March 2017.
On the 3rd of March 2017, the Supreme court stayed the notification and deemed the upper age limit as not applicable.
The next hearing was supposed to happen during the 3rd week of July 2017. However, there is no update on the case as of now.
Till the Supreme court gives a final decision and BCI changes the rules to implement the age limits in the future, there is no upper limit for LLB admissions.
What happens if the final decision of the Supreme court is in favour of an upper age limit?
The decision will be prospective and not retrospective.
It will not affect students who have already enrolled into any LLB course, it will affect future admissions and prospective applicants from the date of the decision.
Q : I got a rank between 715–720 in CLAT-PG 2016, Is it a good decision to do LLM from NLUs when your graduate degree is from a not-so-well-known college?
Ans :
Simple answer – Yes. Absolutely Yes.
Higher education is always good and it is helpful to have a LLM from one of the NLUs.
Since it is a commitment of just over a year, you should complete your LLM if you make it to the NLUs or any other good Law School.
How will an LLM help ?
- Add to your qualifications and help your resume ‘stand out’ if you are pursuing employment.
- Add additional qualifications after your name if you decide to start private practice. (It may just be ‘optics’, but it does help!)
- If you decide to enter academics (as a Faculty / Asst. Professor) – a LLM will help you pursue a PhD and most colleges prefer a person with a Masters’ degree even as a guest faculty.
- Improve your theoretical knowledge and help you specialize.
I would strongly recommend that you should take up an LLM from a good college either this year or the next.
Q : Can a LLM be bar counsel member in India?
Ans :
The minimum requirement to become an Advocate in India – i.e. Enrol with a Bar Council is that you have to pass a BCI (Bar Council of India) recognized LLB degree
(Or you have to be an Indian citizen with a BCI recognized international Law qualification and pass a BCI exam.)
If you just have a LLM qualification from India – you cannot enrol with the Bar Council
If you have completed your LLB and then your LLM – Yes you can enrol with the Bar Council
