icon
Enquire Now
+91 9009 7007 94

Who Amongst the following Is Not a Legal Representative

Uncategorized

Who Amongst the following Is Not a Legal Representative

Court – A governmental body empowered to settle disputes. Judges sometimes use the term “court” to refer to themselves in the third person, as in “the court read the pleadings.” Subsection (g). Subsection (g) is new. It responds to the reality that the selection and practice of class counsel is often crucial to the success of a class action. To date, the courts have reviewed the proposed Class Counsel as well as the Class Representative under Rule 23(a)(4). This experience recognized the importance of the proposed lawyer`s forensic assessment for the group, and this new division builds on that experience, rather than introducing an entirely new element into the group`s certification process. Rule 23(a)(4) will continue to require a review of the proposed class representative, while this section will guide the court in assessing the proposed class counsel as part of the certification decision. This section recognizes the importance of Class Counsel, establishes the duty to represent Class Interests, and provides a framework for the selection of Class Counsel. The appointment procedure and standards vary depending on whether there are several candidates acting as class counsel.

The new subsection also provides a method by which the court may issue instructions at the outset on whether to award fees to class counsel if the application is granted. (4) The representative parties shall protect the interests of the group in a fair and appropriate manner. 92. Dhulabhai etc. v. The State of Madhya Pradesh and another, AIR 1969 SC 78, establish certain principles for excluding the jurisdiction of civil courts. Which of the following is not a fixed principle: (6) A judge should not speak publicly about a case pending or pending before a court. A judge should require similar deference from court staff who are subject to the direction and control of the judge. The prohibition of public statements on the merits does not extend to public statements in the performance of one`s duties, explanations of judicial proceedings or scientific presentations for legal education purposes.

19. One of the following persons who is not a “public official” within the meaning of Article 2(17) of paragraph (1) of the CCP. Paragraph (e)(1)(A) expressly recognizes the authority of a Class Representative to resolve class actions, issues or defenses. (3) The court may hold a hearing and shall establish the facts and set out its legal findings in accordance with Article 52(a). Canon 4A(5). A judge may act in all legal matters, including matters relating to litigation and matters relating to appearance before or other relations with government authorities. In doing so, a judge may not abuse the reputation of his office to promote his interests or those of his family. Suit – A lawsuit brought by a plaintiff against a defendant based on a claim that the defendant failed to comply with a legal obligation, causing harm to the plaintiff.

Paragraph (2). The action for liquidation or reorganization of a creditor`s company illustrates this clause. An action brought by a shareholder against certain named defendants representing many plaintiffs is contrary to the creditor`s action. (3) the claims or defences of the representative parties are typical of the claims or defences of the group; and (C) impose conditions on representative parties or intervenors; Bail – security for the release of an accused or witness in pre-trial detention (usually in the form of money) to ensure his or her appearance on the agreed day and time. (a) Prerequisites. One or more members of a group may sue or be sued as representatives on behalf of all members only if: a) “X” alone as legal representative (b) “Y” alone as legal representative (c) “X”, “Y” and Y`s husband as legal representative d) “X” and “Y” are both prosecuted as legal representatives. Subsection (b)(2). This section addresses situations where a party has taken action or refused to act with respect to a group and where final relief of an injunctive or declaratory nature governing the legality of conduct with respect to the group as a whole is appropriate. An action for declaratory judgment “corresponds” to an application for an injunction if it gives rise to an injunction in practice or serves as the basis for a subsequent injunction. The division does not extend to cases where the corresponding final remedy relates exclusively or mainly to pecuniary damages. An act or omission is directed against a group within the meaning of this Division, even if it takes effect or is threatened against only one or a few members of the group, provided that it is based on grounds generally applicable to that group.

Paragraph 1(B) recognizes that class counsel has the primary responsibility arising from his or her appointment as class counsel is to represent the best interests of the class. The rule thus establishes the obligation of group counsel, which may differ from the lawyer`s usual obligations to individual clients. Appointment as a class lawyer means that the lawyer`s primary duty is to the group and not to the individual members of the group.