FAQs – Frequently Asked Questions about LLB, Bar Exam, LLM and other Legal topics

Contents

Q : I left my LLB studies 19 years ago. Can I now continue where I left off at NMU?

Ans :

Unfortunately, no.

Typically, all Universities will have a cut-off period within which you have to complete your degree, else you have to start fresh.

For LLB programs, the cut-off period will be the length of the course + 2 years or 3 years. (Assuming that you discontinued sometime in the 3rd year.)

In any case, 19 years is too long a period and there is no possibility for a lateral entry.

Given that there is currently no upper age limit for taking up LLB courses in India, you can enroll in any decent college nearest to you for

  • a 3 year LLB course (If you have completed your Bachelor’s degree in any field)
  • or a 5 year LLB course (If you do not have a Bachelors.)

But before investing your time and energy into an LLB course, do evaluate your reasons for taking it up.

Law is a great profession; but apart from completing your LLB, you will also have to invest time and energy in building practical experience, establishing a practice and gaining credibility + clients.

 


Q : I did not register for semester 1 exam will I get detained? Should I get re admitted for the first year?

Ans :

Depends on the University / College rules

Check with your college Office on the rules regarding carry-over and progression to the next semester / next year.

IIRC, in some Universities (and affiliated colleges), you have to pay the exam fees for all the subjects in the even semester exams, even if you don’t want to write the exams, just to carry over the subjects and move to the next year.

Movement from odd sem to even sem in the same year may be via automatic carry over, even if you don’t register for the exam.

In some Universities, you need to pass a minimum number of subjects to be across both semesters to eligible to be promoted to the next year.

In any case, I would suggest that you should talk to your college office and get clarity on the rules applicable in your specific case.

As a ground rule, what I recommend is that pay the complete exam fees for all the subjects and attend the classes regularly to ensure that you meet the minimum criteria to be promoted to the next year.

 


Q : What is the PG CLAT score that would get you admission in a good NLU?

Ans :

  • Looking at the CLAT PG results, the category wise ranking of students who were admitted to the NLSIU were between :
    Gen – between 16 to 182 – 37 seats
    SC – 443 to 1945 – 7 seats
    ST – 304 to 1504 – 3 seats
    PWD – 940 to 1842 – 3 seats
  • The spread / range of ranks is because :
    – Some of the top ranked candidates may opt for PSU roles
    – Some drop out to pursue other exams like Judicial services
    – Some may prefer to apply for a NLU that is closer to their city of residence

So, as such there is no specific cut-off for admission to the LLM programs via PG CLAT, but NLSIU is a much sought after institute and if you are a General candidate, you should aim for a rank within 150 to have a good shot at selection.

Remember, the other factors such as drop-outs, PSU roles etc. which may directly / indirectly affect your chances are out of your control – so practice hard to score the best possible rank.

 


Q : What is the NET exam? What is the complete procedure to clear the UGC NET exam?

Ans :

Why should you take the NET exam ?

If you wish to pursue a career in Academics or Research, the NET exam is one of the official gateways.

Basic eligibility :

You should have completed a UGC recognized Master’s Degree or equivalent, with the prescribed minimum marks.

The NET Exam :

The UGC NET Exam consists of two aspects – eligibility for Asst. Professor & eligibility for Junior Research Fellowship + Asst. Professor.

Everyone takes the same exam, but for JRF there is a upper age limit and none for Asst. Professor.

I. For Assistant Professor Only

  • There is no upper age limit for the exam.
  • There is no restriction on the number of attempts.

II. For JRF + Asst. Professor

  • The upper age limit is as detailed below.
  • A candidate can attempt as many times as possible – within the upper age limit eligibility criteria.

Age limits for JRF + Asst. Professor

(i) Not more than 30 years as on 01.12. .

** There are are limit relaxations for specific categories of candidates, LLM degree holders, Armed forces candidates etc.

Pattern of the UGC NET exam :

Currently the UGC NET exam consists of two papers – I (general) and II (subject specific).

Both the papers are multiple choice – objective type.

How does UGC decide on qualification of candidates ?

The methodology that is currently used by UGC for declaring NET qualification is quite simple.

First cut :

The basic eligibility to be considered for UGC NET qualification is :

  • General candidates should score at least 40% aggregate marks in both the papers taken together
  • OBC (Non-creamy layer) PWD/ SC/ ST candidates should score at least 35% aggregate marks in both the papers taken together.

So, all candidates who score less than the ‘eligibility’ marks are eliminated first.

Second cut :

The top 6% of the eligible candidates in each subject (each category in the subject – Gen / OBC / SC / ST / PWD) are declared as UGC NET qualified for that exam.

Preparation strategy :

Solving as many mock tests as possible helps you clear almost all the ‘Memory Biased’exams; like the UGC NET Commerce, Law, English, History etc. In these exams, you just need to know ‘What is the correct answer ?’

For ‘Knowledge Biased’ subjects like Mathematics, you will need to go back to the basics wherever necessary since you will need to know ‘How to arrive at the correct answer ?’

Important : To reiterate, this approach will work for all memory biased subjects. But not for knowledge biased subjects like Mathematics.

With a decent amount of effort and some smart preparation, it is completely possible to crack the NET in the first attempt – and a number of candidates do that every time.

The NET is not a difficult exam to start with. The challenge is that you have to make it to the top 6% to get qualified.

Break-up your study strategy into two distinct parts – Paper 1 & Paper 2.

For Paper 2 : Extensive theory books are not required . . .

A number of students delve into extensive theory to prepare for the NET – which is not something I recommend. Because the theory part is something that you have already studied in your graduation & PG. Do you really want to dig up all the old text books and study again ?

Instead, focus on solving as many previous papers and mock tests as possible; which will help you focus on the crucial areas and understand your weaknesses.

Also, the approach is to know or guess the correct answers within the limited time available. So practice, practice and practice.

When should you start preparing ?

I always find it easier to focus on the preparation for any exam when I am running against a deadline. If I have too much time, I tend to slack off. So two ~ three months is the ideal time for focused prep.

Selective & focused study is the best approach for the NET.

UGC NET Paper II, it is mostly a memory game. For example, History is a vast topic; However, when the entire exam is for 100 questions; across the entire set of History subjects, most of the questions will be predictable.

You just need to remember the right answer – even if you don’t know the detailed theory behind it.

For Paper 1, apart from memory based questions, you need to know the processes of how to calculate, select or guesstimate the right answers.

For both papers, it is all about practice, practice and more practice; since most of the questions are repeated, adapted or derived from a standard pool of questions.

What I would suggest for both Paper 1 and 2 is :

[1] Solve at least 5 previous papers even before you start your prep.

[2] Review the papers you have attempted and you will identify your strengths and weaknesses. For example, in paper 1 you may be very good at data interpretation, but need to improve your reading comprehension etc.

[3] Watch good explanation videos of previous question papers which explain how to solve the different types of problems.

[4] Start your second round of practice and again attempt as many previous papers + mock tests as possible.

[5] Review each paper thoroughly before attempting the next paper

Within 15 ~ 20 days, you will see a significant improvement in your scores. Keep practicing till you consistently score above 85% and you are ready to crack the NET exam.

 


Q : How do I apply for an LLB after 12th class in 2019 for private law universities?

Ans :

Reusing my answers from other similar questions . . . Very long answer ahead 🙂

  • The minimum academic eligibility for a 5 year LLB is 12th
  • The minimum academic eligibility for a 3 year LLB is a Graduation

Since LLB is a ‘Higher Degree’ of sorts, the requirement for a LLB is that the student should have another Bachelors degree. So the 5 year LLB (after +2) is a dual degree program – BA LLB / BBA LLB / BCom LLB etc.

The three year LLB needs the candidates to have a Bachelors degree (any Bachelors degree) before taking up the LLB.

In India, there are three ways to taking up an LLB course . . .

[1] Without any entrance exam (3 year / 5 year) – There are many tier-3 and some tier-2 Law Colleges across India, where admission is done on a first-come-first-admitted basis.

No entrance exam. Just meet the minimum criteria in terms of your previous academics and pay the fees.

These are proper colleges, recognized by the Bar Council and have 3 year & 5 year LLB courses, affiliated to various Universities.

They normally will not have any placement process and the other facilities also are quite basic.

But, you will get a proper LLB degree after completing the course.

[2] With entrance exam (3 year / 5 year) – there are tier 2 colleges that have their own entrance exam and in some states there is a common entrance exam for Law Courses across many participating colleges – tier 2 & 3.

For example, the Andhra Pradesh – AP LAWCET, Telangana – TS LAWCET, Kerala CEE , DU Law entrance exam etc.

Bulk of the seats are filled through the exams, but there will usually be a ‘Management quota’ of seats with higher fees in private colleges that participate in these common entrance process.

Some of the private Law Schools will also accept LSAT / CLAT scores for admission.

[3] Through CLAT (5 year only) – CLAT is the common entrance exam for the National Law Schools / National Law Universities across India.

These tier 1 institutes have placement process, superb facilities and the competition for getting admission is also quite tough.

Since this is a standardized exam, there are other Law Colleges (apart from the NLU/NLS) which also use the CLAT scores for admissions.

Note : NLU Delhi and HPNLU Shimla do not participate in the CLAT as they have their own separate entrance exams.

To evaluate between a 3 year LLB and a 5 year LLB :

I have used BA as an example of a basic graduation. This is applicable for any 3 year graduation – BSc/BCom/BBA. For a 4 year degree, add one more year to the calculations.

Let us look at the question from a time point of view.

  • BA degree is a 3 year program
  • LLB degree is a 3 year program

So if you complete your BA first and then take take up LLB, you will have spent 6 years to obtain your BA + LLB.

An integrated dual-degree 5 year LLB program will give you a BCom / BBA / BA + LLB – so you save one year.

Let us look at the question from a career plan point of view.

If your aspiration is to ultimately pursue a law degree, it makes sense to enrol in a integrated BA LLB program.

But remember :
– It is a five year commitment, sometimes life happens, plans change etc.
– Then there is a risk of not getting any degree – Depending on the College / University rules, you may not get even a BA degree if you decide to opt-out midway.

If you are not sure of your long term career plans, you should complete your BA first and then decide on a MBA / LLB at a later date.

Let us look at the question from an employment prospects point of view

If you intend to pursue a BA + LLB, i.e. an integrated five year course, the National Law Schools (National Law Universities) score above regular Universities in terms of campus placements and corporate career opportunities.

The best law firms from across India come to recruit from the NLU campuses; whereas graduates from other Universities will not have the same advantage.

A 5 year LLB graduate from a regular University will be treated by recruiters as on par with a 3 year LLB graduate from same / similar Universities.

[* Some University Law Colleges do have campus placements, but they typically do not attract the Tier-1 law firms]

Bottom-line : The BA or BA + LLB decision really depends on your long term career aspirations and personal preference.

BA+LLB saves you one year, but it requires a five year commitment.

Completing a BA first will give you an opportunity to choose between MBA / LLB / taking up employment after graduation.

If BA+LLB is your decision, aim for the National Law Schools and the Top colleges in India to get the maximum ROI from your degree from an employment perspective.

If independent practice is your goal, it doesn’t matter where and how you complete your LLB. You PR management, contacts and business development skills will be the key to success.

 


Q : What are the entrance exams to start UG law abroad? Is the LSAT Global applicable for UG law?

Ans :

Depends on the Country & Institution . . .

In general,

  • Law Schools in the US will accept LSAT
  • Law Schools in UK will accept LNAT
  • Law Schools in Europe may accept LSAT / LNAT or may use past academics + scores in a generic exam like IELTS, TOEFL etc. for shortlisting.

In addition, some schools may have different selection criteria for National and International students.

So, I would suggest

  • Shortlist the Law Schools that you wish to apply for and check the eligibility criteria and admission requirements for those specific schools.
  • You should also prepare for LSAT since it is the most widely accepted exam for Law School admissions. (LNAT is also similar to LSAT, so you can subsequently extend your prep to LNAT if you are applying for UK based colleges.)

Before you shortlist a school, remember, Law degrees are not easily ‘portable’ across countries and a Law Degree from the US / UK is an expensive proposition.

Given that the employment scene for foreign Law Students is a little dicey in the US & UK (Due to the current political scenario), think twice before you take the plunge.

Edit : Corrected. LNAT (and not NLAT) is the test for UK based law schools.

 


Q : Is Section 41 of Sales of Goods Act still applicable if seller doesn’t allow examination on delivery?

Ans :

Yes.

What you are referring to is a situation where the seller does not allow examination ‘before’ delivery; because after delivery, the goods are in the buyer’s custody and he/ she can examine them.

For example, if I buy a packet of Biscuits from a super-market, even though I have taken the packet from the shelf and put it into my basket / shopping cart, it doesn’t mean that I have taken delivery.

When I take the packet to the billing counter and complete the payment, the sale is deemed to be completed and I have taken delivery of the Biscuit packet.

Now, before the billing is complete, the shop will not allow me to open and check if the Biscuits are good. I.e. The seller is not allowing me to examine before delivery. (Remember, physical possession in this case is not delivery. Since the sale is not yet completed till I get the billing done.)

Because the goods are packed & sealed, I do not have an opportunity to examine before delivery – but as soon as I get the packet billed, I can open and check if the biscuits are good. If they are not fit for consumption, I can return them.

Another example :

If I buy a phone from Amazon, I do not have an opportunity to check the product before I buy.

So, as soon as it is delivered, I should ideally open the packet in the presence of the delivery person; or if I am opening the packet within a reasonable time thereafter I should at least record a video of me opening the packet so that there is evidence if the product inside is not as described.

Though the ‘reasonable time’ may not be clearly defined, it can be within the return period mentioned by the seller or it should be the first feasible opportunity that the buyer had to open and inspect the package.

So, section 41 of Sale of Goods act is still applicable.

 


Q : How come the cutoff list for the UGC NET exam shows marks that are less than 100 but the total marks for these exams are more than 300? How is the cutoff calculated?

Ans :

First cut & second cut . . .

The methodology that is currently used by UGC for declaring NET qualification is quite simple.

First cut :

The basic eligibility to be considered for UGC NET qualification is :

  • General candidates should score at least 40% aggregate marks in both the papers taken together
  • OBC (Non-creamy layer) PWD/ SC/ ST candidates should score at least 35% aggregate marks in both the papers taken together.

So, all candidates who score less than the ‘eligibility’ marks are eliminated first.

Second cut :

The top 6% of the eligible candidates in each subject (each category in the subject – Gen / OBC / SC / ST / PWD) are declared as UGC NET qualified for that exam.

The less than 100 you are referring to is the % score and not absolute marks, since even for reserved categories, the minimum 35% requirement translates into 105 marks in aggregate.

 


Q : How do clear NET JRF exam in one month by commerce?

Ans :

Thanks for the A2A . . .

Reusing my answer from a similar questions.

While one month seems to be a short amount of time to clear the NET, it is absolutely possible to do so; if :

  1. You have a decent understanding and overview of the core subjects (I.e. You may not remember everything, but you have a decent understanding. In other words, the topics are not ‘new’.)
  2. You spend the next one month fully dedicated to NET preparation. I.e. at least 8 – 9 hours of prep time per day – spread across the day; preferably in blocks of 2 or 3 hours each
  3. You work systematically; without panicking and without losing focus.

The rest of my answer is as below . . . While I have mentioned 2 – 3 months as the ‘ideal time’; you can do it in one month too; but you have to be a lot more focused in your prep.

Solving as many mock tests as possible helps you clear almost all the ‘Memory Biased’ exams; like the UGC NET Commerce, Law, English, History etc. In these exams, you just need to know ‘What is the correct answer ?’

For ‘Knowledge Biased’ subjects like Mathematics, you will need to go back to the basics wherever necessary since you will need to know ‘How to arrive at the correct answer ?’

Important : To reiterate, this approach will work for all memory biased subjects. But not for knowledge biased subjects like Mathematics.

With a decent amount of effort and some smart preparation, it is completely possible to crack the NET in the first attempt – and a number of candidates do that every time.

The NET is not a difficult exam to start with. The challenge is that you have to make it to the top 6% to get qualified.

Break-up your study strategy into two distinct parts – Paper 1 & Paper 2.

For Paper 2 : Extensive theory books are not required . . .

A number of students delve into extensive theory to prepare for the NET – which is not something I recommend. Because the theory part is something that you have already studied in your graduation & PG. Do you really want to dig up all the old text books and study again ?

Instead, focus on solving as many previous papers and mock tests as possible; which will help you focus on the crucial areas and understand your weaknesses.

Also, the approach is to know or guess the correct answers within the limited time available. So practice, practice and practice.

When should you start preparing ?

I always find it easier to focus on the preparation for any exam when I am running against a deadline. If I have too much time, I tend to slack off. So two ~ three months is the ideal time for focused prep.

Selective & focused study is the best approach for the NET.

UGC NET Paper II, it is mostly a memory game. For example, History is a vast topic; However, when the entire exam is for 100 questions; across the entire set of History subjects, most of the questions will be predictable.

You just need to remember the right answer – even if you don’t know the detailed theory behind it.

For Paper 1, apart from memory based questions, you need to know the processes of how to calculate, select or guesstimate the right answers.

For both papers, it is all about practice, practice and more practice; since most of the questions are repeated, adapted or derived from a standard pool of questions.

What I would suggest for both Paper 1 and 2 is :

[1] Solve at least 5 previous papers even before you start your prep.

[2] Review the papers you have attempted and you will identify your strengths and weaknesses. For example, in paper 1 you may be very good at data interpretation, but need to improve your reading comprehension etc.

[3] Watch good explanation videos of previous question papers which explain how to solve the different types of problems.

[4] Start your second round of practice and again attempt as many previous papers + mock tests as possible.

[5] Review each paper thoroughly before attempting the next paper

Within 15 ~ 20 days, you will see a significant improvement in your scores. Keep practicing till you consistently score above 85% and you are ready to crack the NET exam.

 


Q : What percentage is required for an LLB after graduation?

Ans :

Depends . . .

There are two factors at play here.

  1. The minimum eligibility percentage stipulated by the Bar Council of India
  2. The minimum eligibility percentage that may be stipulated by the College / University (Which can be more than the BCI %)

The Bar Council of India rules state that :

“Bar Council of India may from time to time, stipulate the minimum percentage of marks not below 45% of the total marks in case of general category applicants and 40% of the total marks in case of SC and ST applicants, to be obtained for the qualifying examination, such as +2 Examination in case of Integrated Five Years’ course or Degree course in any discipline for Three years’ LL.B. course, for the purpose of applying for and getting admitted into a Law Degree Program of any recognized University in either of the streams.

Provided that such a minimum qualifying marks shall not automatically entitle a person to get admission into an institution but only shall entitle the person concerned to fulfill other institutional criteria notified by the institution concerned or by the government concerned from time to time to apply for admission.”

As mentioned in the second paragraph of the quote above, institutions can set their own criteria, which can be higher than the BCI numbers.

Most colleges just stick to the eligibility criteria as mentioned by the BCI.

However, if a college is very popular and ‘in demand’, a higher eligibility criteria is set to cull-out the number of applicants that they need to process.

Sometime, colleges will not publish the higher cut-off numbers so as to avoid any controversy and also to sell more admission forms. Internally, they will just use the higher cut-off numbers as the first mode of elimination.

Bottom lines:

  1. BCI stipulates the minimum percentage of marks in the qualifying exam as not below 45% of the total marks in case of general category applicants and 40% of the total marks in case of SC and ST applicants.
  2. Depending on the demand, colleges can and do set higher eligibility criteria for admission.
  3. Scoring the minimum numbers may not automatically guarantee a seat in the institution.
  4. Check with the institute / college for clarification and if you are applying for very popular colleges, have a back-up plan.

 


Q : After 12th class, how can we join a BBA LLB course?

Ans :

Reusing my answer from a similar question . . .

  • The minimum academic eligibility for a 5 year LLB is 12th
  • The minimum academic eligibility for a 3 year LLB is a Graduation

Since LLB is a ‘Higher Degree’ of sorts, the requirement for a LLB is that the student should have another Bachelors degree. So the 5 year LLB (after +2) is a dual degree program – BA LLB / BBA LLB / BCom LLB etc.

The three year LLB needs the candidates to have a Bachelors degree (any Bachelors degree) before taking up the LLB.

In India, there are three ways to taking up an LLB course . . .

[1] Without any entrance exam (3 year / 5 year) – There are many tier-3 and some tier-2 Law Colleges across India, where admission is done on a first-come-first-admitted basis.

No entrance exam. Just meet the minimum criteria in terms of your previous academics and pay the fees.

These are proper colleges, recognized by the Bar Council and have 3 year & 5 year LLB courses, affiliated to various Universities.

They normally will not have any placement process and the other facilities also are quite basic.

But, you will get a proper LLB degree after completing the course.

[2] With entrance exam (3 year / 5 year) – there are tier 2 colleges that have their own entrance exam and in some states there is a common entrance exam for Law Courses across many participating colleges – tier 2 & 3.

For example, the Andhra Pradesh – AP LAWCET, Telangana – TS LAWCET, Kerala CEE , DU Law entrance exam etc.

Bulk of the seats are filled through the exams, but there will usually be a ‘Management quota’ of seats with higher fees in private colleges that participate in these common entrance process.

[3] Through CLAT (5 year only) – CLAT is the common entrance exam for the National Law Schools / National Law Universities across India.

These tier 1 institutes have placement process, superb facilities and the competition for getting admission is also quite tough.

Note : NLU Delhi and HPNLU Shimla do not participate in the CLAT as they have their own separate entrance exams.

 


Q : Is there any coaching classes for LLM entrance in Kolkata?

Ans :

Reusing my answer from another similar question. This applicable for CLAT LLM and other LLM entrance exams.

You may not need coaching for the LLM entrance exam . . .

Coaching institutes are great; and they are very essential for exams where you have to deal with a lot of theory, which you may not be familiar with.

Coaching is also great for exams where there are analytical / mathematical / reasoning based questions – since a good coach should teach you how to approach them and solve them in the fastest possible way.

So, coaching may be a good idea for CLAT / DU LLB / AILET etc. But personally, I feel coaching is not required for CLAT-PG / DU LLM / AILET PG and other LLM entrance exams.

Why ?

LLM entrance exams are based on the LLB syllabus and you are already familiar with the subjects. You don’t need to be explained how the Constitution came into being or what different schools of Jurisprudence are etc.

What you do need is to know the answer to the questions.

First look at the typical syllabus . . .

“ The LL.M. Entrance Test Paper shall contain 100 Questions relating to: Constitutional Law of India, Law of Contracts, Sale of goods, Family Law, Criminal Law, Intellectual Property Rights, Cyber Law, Jurisprudence, Law of Torts, Consumer Protection Act, Public International Law, Company Law and Partnership.”

The syllabus therefore essentially covers all the important topics from the LLB course.

So how do we know what should we focus on and what are the important questions ?

Well,

  • analyse previous years papers,
  • analyse important questions from other similar exams,

and you can arrive at a fairly accurate picture of what to expect.

As I have been saying, the best way to prepare for any MCQ – objective questions based exam is to just keep practicing . . . practicing and practicing; till you can identify the correct answer for the question – even if you are not completely sure about why it is the correct answer.

Also, there are many questions which don’t need any ‘explanation’ or understanding, since they are fact based.

For example, if a question asks “Which article of the Indian constitution refers to ‘freedom of speech and expression’?”; you just need to know that it is Article 19. There is no explanation required.

Similarly, if the question is twisted around and asks “Article 19 of the constitution of India refers to which of the following?” ; you need to be able to identify the correct answer; there is no explanation!

A bulk of the questions in the LLM exam are in the above pattern… “Who said …… “, “The section ……… of the …….. act says what?” etc.

So, if you solve all the previous question papers + solve important questions from other exams AND keep solving them till you get most of the answers correct, you will do exceptionally well in the LLM entrance exams.

Same questions, Similar questions . . .

If you analyse the previous question papers, you will see that a bulk of the questions are repeated, derivations or similar to previous questions. So, practicing as many previous papers as possible is recommended.

Also, practice as many mock tests as possible, which have relevant questions.

For example, though the Constitution of India may have 448 articles, 95% of the questions in most exams refer to only around 50 ~ 60 articles, so the mock tests should have questions around these relevant articles, which makes your preparation more effective.

Bottom-line : Coaching is essential for ‘Knowledge biased’ exams which have Analytical, Quant based and other Aptitude oriented questions.

LLM entrance exams – including the CLAT PG are ‘memory biased’. What you need to clear these is practice and more practice.

 


Q : Is there any coaching classes for CLAT LLM in Kolkata?

Ans :

Reusing my answer from another similar question. This applicable for CLAT LLM and other LLM entrance exams.

You may not need coaching for the LLM entrance exam . . .

Coaching institutes are great; and they are very essential for exams where you have to deal with a lot of theory, which you may not be familiar with.

Coaching is also great for exams where there are analytical / mathematical / reasoning based questions – since a good coach should teach you how to approach them and solve them in the fastest possible way.

So, coaching may be a good idea for CLAT / DU LLB / AILET etc. But personally, I feel coaching is not required for CLAT-PG / DU LLM / AILET PG and other LLM entrance exams.

Why ?

LLM entrance exams are based on the LLB syllabus and you are already familiar with the subjects. You don’t need to be explained how the Constitution came into being or what different schools of Jurisprudence are etc.

What you do need is to know the answer to the questions.

First look at the typical syllabus . . .

“ The LL.M. Entrance Test Paper shall contain 100 Questions relating to: Constitutional Law of India, Law of Contracts, Sale of goods, Family Law, Criminal Law, Intellectual Property Rights, Cyber Law, Jurisprudence, Law of Torts, Consumer Protection Act, Public International Law, Company Law and Partnership.”

The syllabus therefore essentially covers all the important topics from the LLB course.

So how do we know what should we focus on and what are the important questions ?

Well,

  • analyse previous years papers,
  • analyse important questions from other similar exams,

and you can arrive at a fairly accurate picture of what to expect.

As I have been saying, the best way to prepare for any MCQ – objective questions based exam is to just keep practicing . . . practicing and practicing; till you can identify the correct answer for the question – even if you are not completely sure about why it is the correct answer.

Also, there are many questions which don’t need any ‘explanation’ or understanding, since they are fact based.

For example, if a question asks “Which article of the Indian constitution refers to ‘freedom of speech and expression’?”; you just need to know that it is Article 19. There is no explanation required.

Similarly, if the question is twisted around and asks “Article 19 of the constitution of India refers to which of the following?” ; you need to be able to identify the correct answer; there is no explanation!

A bulk of the questions in the LLM exam are in the above pattern… “Who said …… “, “The section ……… of the …….. act says what?” etc.

So, if you solve all the previous question papers + solve important questions from other exams AND keep solving them till you get most of the answers correct, you will do exceptionally well in the LLM entrance exams.

Same questions, Similar questions . . .

If you analyse the previous question papers, you will see that a bulk of the questions are repeated, derivations or similar to previous questions. So, practicing as many previous papers as possible is recommended.

Also, practice as many mock tests as possible, which have relevant questions.

For example, though the Constitution of India may have 448 articles, 95% of the questions in most exams refer to only around 50 ~ 60 articles, so the mock tests should have questions around these relevant articles, which makes your preparation more effective.

Bottom-line : Coaching is essential for ‘Knowledge biased’ exams which have Analytical, Quant based and other Aptitude oriented questions.

LLM entrance exams – including the CLAT PG are ‘memory biased’. What you need to clear these is practice and more practice.

 


Q : Between a 3 year LLB course or a 5 year BA LLB course, which one is better?

Ans :

5 year LLB – from one of the NLUs.

In India, you can do a 5 year LLB or a 3 year LLB.

The 5 year LLB is an integrated course, which is usually a BA / BBA / Bcom + LLB.

  • The NLUs offer only 5 year LLB programs
  • Various other Tier 1, 2 & 3 colleges offer 5 or 3 year programs

If you wish to pursue a corporate career and are keen on campus placements, the best place to study would be one of the top NLUs.

The newer / lower ranking NLUs and the other Tier 1 colleges may have campus placements; but the ‘top law firms’ usually go to the top NLUs, and the placement salary levels in these newer / lower ranked colleges may also be on the lower side.

However, some colleges (Tier 1/2/3) are a pool for mass recruitment by the LPO type of companies. Which are not a bad option; since can be a stepping stone for your career.

So, if placements are your primary criteria, aim for the top NLUs, else, look at the other NLUs / Tier 1 colleges and confirm on their placement process / track record before applying / joining.

 


Q : What is the eligibility for taking admission in NLUs after graduation for pursuing law?

Ans :

Get in through the CLAT . . .

CLAT is the common entrance exam for most of the National Law Schools / National Law Universities across India.

NLU Delhi and HPNLU Shimla do not participate in the CLAT as they have their own separate entrance exams, AILET & HPNLET respectively.

So, if you want to apply for all the NLUs, you should take three exams :

  1. CLAT
  2. AILET
  3. HPNLET

The CLAT alone is the Common Entrance Test for 18 NLU/NLS.

With regards to the eligibility for the CLAT; the basic criteria is :

  • No upper age limit for UG Programme in CLAT
  • As regards minimum percentage of marks in the qualifying examination (i.e., 10+2), the candidates must have secured:Forty five percent (45%) marks in case of candidates belonging to Unreserved/OBC/Specially Abled Persons (SAP) and other categories,andForty Percent (40%) marks in case of candidates belonging to Scheduled Caste/Scheduled Tribe (SC/ST) categories.
  • The result of the qualifying examination (i.e., 10+2) shall be submitted by the candidate at the time of admission failing which the candidate shall be ineligible for admission to the Course.
  • Candidates who are appearing in the qualifying examination in March/April, are also eligible to appear in CLAT examination. However, they shall be required to produce an evidence of their passing the qualifying examination at the time of admission, failing which they shall lose their right to be considered for admission.
  • Candidates are ranked on a national level for each category of applicants. Each rank will have only one candidate. In case of two or more candidates scoring equal marks, the break of tie for awarding ranks shall be by the following procedure and order as under:[1] Higher marks in the component /section on legal aptitude in the CLAT exam;[2] Higher age;[3] Computerized draw of lots.

** The eligibility criteria is mostly similar for all the three exams. You should confirm the specific details for each exam through the official notification that will come out ahead of the exam every year.

 


Q : Is the CLAT a must for an LLB?

Ans :

Reusing my answer from another question . . .

In India, there are three ways to taking up an LLB course . . .

[1] Without any entrance exam (3 year / 5 year) – There are many tier-3 and some tier-2 Law Colleges across India, where admission is done on a first-come-first-admitted basis.

No entrance exam. Just meet the minimum criteria in terms of your previous academics and pay the fees.

These are proper colleges, recognized by the Bar Council and have 3 year & 5 year LLB courses, affiliated to various Universities.

They normally will not have any placement process and the other facilities also are quite basic.

But, you will get a proper LLB degree after completing the course.

[2] With entrance exam (3 year / 5 year) – there are tier 2 colleges that have their own entrance exam and in some states there is a common entrance exam for Law Courses across many participating colleges – tier 2 & 3.

For example, the Andhra Pradesh – AP LAWCET, Telangana – TS LAWCET, Kerala CEE , DU Law entrance exam etc.

Bulk of the seats are filled through the exams, but there will usually be a ‘Management quota’ of seats with higher fees in private colleges that participate in these common entrance process.

[3] Through CLAT (5 year only) – CLAT is the common entrance exam for the National Law Schools / National Law Universities across India.

These tier 1 institutes have placement process, superb facilities and the competition for getting admission is also quite tough.

Note : NLU Delhi and HPNLU Shimla do not participate in the CLAT as they have their own separate entrance exams, AILET & HPNLET respectively.

 


Q : What is the difference between lawyer, advocate and a legal practitioner?

Ans :

Legal Practitioner

Anybody can be a ‘Legal Practitioner’. There are no formal qualifications or credentials required.

It is a generic term use to identify anybody who is engaged in any business / agency that is connected with the Legal systems or processes.

Legal Practitioners may have formal qualifications – such as LLB, CS, CA (E.g. CAs & CSs practicing Company Law)

Or even Typists & DTP experts who help create all those generic rent agreements and deeds can also call themselves ‘Legal Practitioners’ or ‘Legal Consultants’ – though they do not have any formal qualifications.

Lawyer

Anybody who formally studies Law; i.e. completes a Bar Council recognized LLB degree can call himself / herself a Lawyer.

A Lawyer need not practice law. I.e. A Lawyer may not be a legal practitioner.

A Lawyer can be engaged in any other business, employed in any company in any role or be doing absolutely anything totally unconnected with the Law – but he/she will still be a ‘Lawyer’ because of the LLB qualification.

Advocate

A Lawyer, who has cleared the Bar Exam and registered with the Bar Council as a Practicing Lawyer is an Advocate.

An Advocate can represent his / her clients before the Court of Law.

An Advocate can file and defend suits on behalf of the clients.

So . . .

  • All Advocates are Lawyers, but all Lawyers are not Advocates
  • All Advocates are Legal Practitioners, but all Legal Practitioners are not Advocates
  • A Lawyer will be a’Lawyer’ even without practicing Law

 


Q : How do I practice law in Delhi after completing an L.L.B from a different state board?

Ans :

Register with the Delhi Bar Council . . .

If you are registering with a Bar council for the first time :

To register as an Advocate with the Delhi Bar Council, you should be an LLB graduate from any Bar Council recognized college anywhere in India.

There is no need for you to have studied in Delhi NCR.

However, you need to have a valid Proof of Residence of Delhi or NCR at the time of registration.

You should also meet the other criteria, such as not being engaged in any other employment or profession.

Once you are enrolled, you can practice in Delhi.

If you have already enrolled in any State Bar Council in India :

You need submit a ‘Enrollment Transfer request’ in the Delhi Bar Council in the appropriate form.

The DBC will thereafter seek the approval from the previous Bar Council and if there are no objections, the previous Bar Council will send all the documents to the Delhi Bar Council after which you can proceed with the enrollment in Delhi.

Any any given point in time, you can be enrolled in one State Bar Council.

Reach out to the Delhi Bar council office for details of the process + forms + fees + timelines

 


Q : Do you know any lawrule which is irrelevant now but still exist in India?

Ans :

There are / were plenty . . .

In Dec 2017, there was a news report that 1800+ archaic laws have been identified as redundant or irrelevant and were on the way to being scrapped.

As many as 1200 from that list were scrapped at that time.

I guess some Googling should help in finding that list of 1800 identified / the scrapped 1200 laws.

Previously, the Center for Civil Society had also published a list of 101 laws which were identified as being outdated / irrelevant / superseded etc. (Included below in this post)

I believe this list of 100 is part of the over 1800+ master list and many of them should have been scrapped.

Center for Civil Society’s list of 101 :

  1. The Forfeited Deposits Act (1850)
  2. The Sheriffs’ Fees Act (1852)
  3. The Sonthal Parganas Act (1855)
  4. The Howrah Offences Act (1857)
  5. Oriental Gas Company Act (1857)
  6. The Waste-Lands (Claims) Act (1863)
  7. The Converts’ Marriage Dissolution Act (1866)
  8. The Oudh Sub-Settlement Act (1867)
  9. The Oudh Estates Act (1869)
  10. The Oudh Taluqdars’ Relief Act (1870)
  11. The Foreign Recruiting Act (1874)
  12. The Laws Local Extent Act (1874)
  13. The Oudh Laws Act (1876)
  14. The Hackney-Carriage Act (1879)
  15. The Elephants Preservation Act (1879)
  16. The Fort William Act (1881)
  17. The Oudh Wasikas Act (1886)
  18. Reformatory Schools Act (1897)
  19. The Wild Birds and Animals (Protection) Act (1912)
  20. Emergency Legislation Continuance Act (1915)
  21. The Sheriff of Calcutta (Power of Custody) Act (1931)
  22. Bengal Supression of Terrorist Outrages (Supplementary) Act (1932)
  23. The Assam Criminal Law Amendment (Supplementary) Act (1934)
  24. The Bangalore Marriages Validating Act (1934)
  25. The Arya Marriages Validation Act (1937)
  26. Trading with the Enemy (Continuance of Emergency Powers) Act (1947)
  27. Exchange of Prisoners Act (1948)
  28. Imperial Library (Change of Name) Act (1948)
  29. The Resettlement of Displaced Persons (Land Acquisition) Act (1948)
  30. Indian Independence Pakistan Courts (Pending Proceedings) Act (1952)
  31. The Chandernagore (Merger) Act (1954)
  32. The Ganges Tolls Act (1867)
  33. Salt Cess Act (1953)
  34. Wealth Tax Act (1957)
  35. Tobacco Cess Act (1975)
  36. Sugar Cess Act (1953)
  37. The Jute Manufactures Cess Act (1983)
  38. The Research and Development Cess Act (1986)
  39. Railways Companies (Emergency Provisions) Act (1951)
  40. The Coking Coal Mines (Emergency Provisions) Act (1971)
  41. The Indian Copper Corporation (Acquisition of Undertaking) Act (1972)
  42. Richardson and Cruddas Limited (Acquisition and Transfer of Undertakings) Act (1972)
  43. The Esso (Acquisition of Undertakings In India) Act (1974)
  44. The Indian Iron and Steel Company (Acquisition of Shares) Act (1976)
  45. Burn Company and Indian Standard Wagon Company (Nationalisation) Act (1976)
  46. The Burmah Shell (Acquisition of Undertakings in India) Act (1976)
  47. Braithwaite and Company (India) Limited (Acquisition and Transfer of Undertakings) Act (1976)
  48. Smith Stanistreet and Company Limited (Acquisition and Transfer of Undertakings) Act (1977)
  49. Caltex (Acquisition of Shares of Caltex Oil Refining (India) Limited and of the Undertakings in India of Caltex (India) Limited) Act (1977)
  50. Britannia Engineering Company Limited (Mokameh Unit) and the Arthur Butler and Company (Muzaffarpore) Limited (Acquisition and Transfer of Undertakings) Act (1978)
  51. Hindustan Tractors Limited (Acquisition and Transfer of Undertakings) Act (1978)
  52. Kosan Gas Company (Acquisition of Undertaking) Act (1979
  53. Jute Companies (Nationalisation) Act (1980)
  54. Amritsar Oil Works (Acquisition and Transfer of Undertakings) Act (1982)
  55. Hooghly Docking and Engineering Company Limited (Acquisition and Transfer of Undertakings) Act (1984)
  56. Inchek Tyres Limited and National Rubber Manufacturers Limited (Nationalisation) Act (1984)
  57. Futwah Islampur Light Railway Line (Nationalisation) Act (1985)
  58. Swadeshi Cotton Mills Company Limited (Acquisition and Transfer of Undertakings) Act (1986)
  59. Children (Pledging of Labour) Act (1933)
  60. Weekly Holidays Act (1942)
  61. Mica Mines Labour Welfare Fund Act (1946)
  62. Limestone and Dolomite Mines Labour Welfare Fund Act (1972)
  63. Iron Ore Mines/ Manganese Ore Mines and Chrome Ore Mines Labour Welfare Cess Act (1976)
  64. Iron Ore Mines/ Manganese Ore Mines and Crome Ore Mines Labour Welfare Fund Act (1976)
  65. Beedi Workers Labour Welfare Cess Act (1976)
  66. Beedi Workers Labour Welfare Fund Act (1976)
  67. Cine-workers Labour Welfare Cess Act (1976)
  68. Cine-workers Labour Welfare Fund Act (1981)
  69. The Sarais Act (1867)
  70. Indian Boilers Act (1923)
  71. The Delhi Hotels (Control of Accommodation) Act (1949)
  72. Telegraph Wires (Unlawful Possession) Act (1950)
  73. Prize Competitions Act (1955)
  74. Sugar Export Promotion Act (1958)
  75. The Delhi Rent Control Act (1958)
  76. Delhi Land Holdings (Ceiling) Act (1960)
  77. The Sugar (Regulation of Production) Act (1961)
  78. East Punjab Urban Rent Restriction (Extension to Chandigarh) Act (1974)
  79. The Levy Sugar Price Equalisation Fund Act (1976)
  80. Semiconductor Integrated Circuits Layout Design Act (2000)
  81. Dekkhans Agriculturists’ Relief Act (1879)
  82. The Legal Practitioners Act (1879)
  83. Police (Incitement to Disaffection) Act (1922)
  84. Public Suits Validation Act (1932)
  85. The Registration of Foreigners Act (1939)
  86. The Drugs (Control) Act (1950)
  87. The Companies (Donation to National Funds) Act (1951)
  88. The Requisitioning and Acquisition of Immovable Property Act (1952)
  89. Public Wakfs Extension of Limitation Act (1959)
  90. Conservation of Foreign Exchange and Prevention of Smuggling Act (1974)
  91. Indian Law Reports Act (1975)
  92. The Departmentalisation of Union Accounts (Transfer of Personnel) Act (1976)
  93. The Disputed Elections (Prime Minister and Speaker) Act (1977)
  94. Illegal Immigrants (Determination by Tribunals) Act (1983)
  95. Punjab Disturbed Areas Act (1983)
  96. Chandigarh Disturbed Areas Act (1983)
  97. Shipping Development Fund Committee (Abolition) Act (1986)
  98. Dramatic Performances Act (1876)
  99. The Prevention of Seditious Meetings Act (1911)
  100. Young Persons (Harmful Publications) Act (1956)
  101. The Newspaper (Price and Page) Act (1956)

 


Q : Can I file a case against Realme in consumer court if my other phone got damaged due to their charger, which is hardly 10 days old?

Ans :

Not really.

There are not many details in your question, but I am trying to guess the situation.

If I understand your question correctly,

  • You bought a new ‘Realme’ phone
  • You used the charger that came with the ‘Realme’ phone to charge a different phone
  • For whatever reason, the other phone got damaged
  • You believe that your other phone got damaged because of the ‘Realme’ supplied charger
  • You want to file a complaint against ‘Realme’

Basically, if the charger was not a standalone unit that was sold by Realme as compatible with any device, you will not have much of a case.

A charger supplied along with a phone is supposed to be used with that phone alone. Though it may work with other phones; it is not officially recommended / approved by the manufacturers.

On the other hand, if you bought a ‘standalone’ Realme charger; was it advertised as ‘compatible with any phone’ ? Also, is it a genuine Realme charger?

(Amazon and Flipkart have some chargers which have ‘Realme’ in the description / title; but these phones are made by some other companies, just trying to cash in on the buzz around Realme brand name.)

If it is a genuine Realme charger and advertised as compatible with any phone, you may have some locus standi; however there will be some ’T & C / Operating specifications ’ in the charger’s documentation – which will say something like :

  • ‘Can be used with a device rated for ‘X’ MA or lower’ or
  • ‘Should not be used continuously for more than ‘X’ hours’ or
  • some ambient operating temperature / humidity / input voltage etc. will be mentioned.

Unless you can prove that you used the charger within all the specified operating parameters, you may again have not much to fight with.

Apart from the above things, if you read the T & C / Operating manual for your other phone, it will have some specifications like :

  • Use only these specific chargers with this phone
  • Use only chargers rated at ‘X’ amps with this phone
  • Use only approved original chargers with this phone
  • Using any unapproved charger may damage this phone

So, all these points can also be used to quash your claims.

Bottom-line : You will have a usable case if you used the charger within all the T & C and specifications stated for the charger and for your other phone

 


Questions and answers LawMint