The Assault Defense Lawyer

This professional represents a person who has been charged with assault, which could be felony or misdemeanor assaults. They also represent clients that are charged with battery. The combination of assault and battery will often have a penalty of jail time. The job of the assault defense lawyer is to keep their client out of jail or have the amount of time they would be given if they were found guilty reduced. The lawyer will often try to enter into a plea bargain agreement with the prosecutor if their client will have to pay a fine if found guilty.

What is assault?

Battery is physical contact with another person with the intent to harm them. Many times if a person commits battery, they are charged with assault. They can also be charged with assault even if there is no physical contact. To be classified as an assault using a deadly weapon is not necessary. If they do use a deadly weapon then it may be classified as a felony.

What an assault defense lawyer does

When the assault defense lawyer is defending their client it will be their job to show evidence that their client was not intent on causing harm. If the lawyer can prove the physical contact would have not been intentional but accidental they may be able to defend their client successfully. When handling assault cases they want to highlight the facts in a way to prove the client’s innocence. This is why many assault defense lawyers will often insist that the one accused contact them before speaking to any investigators or the police. The goal of the assault defense lawyer is to minimize the fact-findings that would be used against their client during the trail. Early in the process, the lawyer may be able to convince the prosecutor to dismiss the charges against their client.

Type of common assault case

Self-defense is in which a person is charged with assault when they have attempted to defend themselves from an attack. It is the job of the assault defense lawyer to show that their client was in fear of imminent bodily harm. One example is if a burglar would break into a home during the night and the homeowner hits the burglar with a baseball bat. In this situation, the lawyer can use self-defense as a legal defense. The assault defense lawyer will often be able to negotiate with the prosecutor in this case to avoid going to trail.

In conclusion

As with any branch of law an assault defense lawyer must have a bachelor’s degree and pass the bar exam in order to obtain their license to practice law. They can open their own practice or work for a law firm.

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About Best Whistleblower Lawyer

Whistleblower lawyers are the one, who exposes wrongdoing in the health care industry and bring unlawful activity to the attention of the court and the government.

Whistleblower lawyers who expose crime of an individual that is deemed to be illegal within the healthcare industry. They strive hard to bring false allegation to the light of the government/court. Whistleblower lawyers work under the False Claims Act (FCA) in order to punish those people, who deceived the system. The FCA allows individuals to file a lawsuit against criminals who have some in many ways swindled the government. The legal lawyers discover fraudulent activities against the government and blow a whistle on the perpetrators.

A whistleblower determines the interest of an innocent and protects him/her from being falsely accused. The lawyer exposes the violation of statutes, rules, and regulations that appear to be a threat to the financial health. If you are looking for the best whistleblower lawyer, then here are a few tips, which you should consider while choosing a whistleblower lawyer/agency:

Experience: A lawyer who has acute knowledge and expertise in handling the lawsuits related to whistleblowing. Whistleblower lawyers should have experience in handling Qui Tam Cases in the past. There are numerous online legal firms, it is advised that one should not rely on those firms who do not have specific lawyers for handling qui tam lawsuits or fail to mention that their lawyers have won civil cases. Before hiring any potential whistleblower lawyer, check whether they have won any qui tam cases in the past.

Analytical skills: A legal lawyer should have a proper skill set or analytical skills that can help them to investigate the accuracy of the case. There are online law firms that claim that their specialized lawyers handle lawsuit related to FCA, which any ordinary lawyer can also handle. Therefore, it is extremely important for you to ensure that the lawyer can handle any typical case with confidence. The lawyer should effectively communicate and must possess personal qualities to litigate the case very well.

Guidance on the risk: A good whistleblower lawyer counsel/advise an individual in different legal considerations and save from false allegations. The lawyer would share transparency in the case and help avoid any type of pitfalls. Whistleblowing is a stressful activity. It can create a problem for the lawyer and put livelihood, reputation, and personal relationships into risk. The lawyer who stands for truth and justice had can face familial discord.

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You Need To Know when Searching For Public Records

In the beginning, before the gods created the internet, public records were located in the basements of courthouses, recorders’ offices, city halls and the halls of administration. News Flash: Those records are still there! Those records are either in their original form, converted to microfiche or on a computer disc.

Today many public records are online. However, most of the old records are not online. Many agencies do not have the financial resources or individual help to copy records by hand and place those records online. There are companies that will conduct on-site court research. A simple Google search will find those companies.

Private investigators and independent court researchers also conduct hands-on public records searches. Private investigators usually charge by the hour and court researchers usually charge by the assignment.

The National Archives is a great resource for obtaining court records, on and off-line. Generally, federal court records less than 15 years old are not held by the National Archives and are still in the possession of individual courts. To obtain access to those records, researchers must contact the appropriate federal court.

It is a known fact that not all public records are free. Online companies that provide access to public records information have to pay their webmasters, graphic designers and web hosting companies to maintain their sites. So obviously, they have to charge a fee for the public records information.

Public records for an individual may vary from site to site. That’s why it’s important to use more than one resource when verifying records. There’s an old saying, “The accuracy of online records is only as good as those who input the information.” Humans do make mistakes and one database could have someone’s birth date as one day and another database can have the birth date as a different day or even a different year. The database can even have the name spelled wrong or have names of supposed relatives listed that turn out not to be related. This is why it’s important to be diligent and use more than one source when searching for public records.

Finally, public records cannot be removed from the internet; hence that’s why they are public. There are consumers that ask to have their address or phone number removed from a database. The problem is that once the address or phone number go public, hundreds or even thousands of websites pick up that information. So remember not to publish your unlisted phone number or cell number in a blog or website unless you want that information to be available to everyone online.

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About Legalization of The Powers of Traditional Authorities

The traditional authorities are reckoned as landowners and the rightful heirs to the seat of the past forebears. Owing to their ordained position, they are charged with the heinous responsibility of ensuring the conservation and the sustainable use of the resources in the environment. Aside from this, they are to maintain the buoyancy, sereneness, and cleanliness of the environment. It is believed among some cultures that poor sanitary environs in some societies result in untold mayhem from the incensed ancestors who are strong advocates of cleanliness and maintenance of the environment and its resources. Thus, following their footsteps, the traditional authorities are supposed to ensure that the resources in their societies are properly managed and taken proper care.

In times past, the traditional authorities acted as environmental inspectors. They supervised environmentally friendly activities. They spearheaded events and programs that ensured the maintenance of the environment. As it is still potent in some societies in the world, traditional authorities have instituted environmental cleaning and sanitation events sometimes weekly or monthly in their societies. During the agreed day or days, members in the society aid in the de-silting of choked gutters, removal of debris, clearing of pathways to water bodies, helping in the repair of old and weak architectural structures and so forth in their communities. Pathways and the streets are swept and freed of any rubbish or environmentally hazardous debris. This greatly improves the health conditions of the members of the society.

In ensuring that members of their society listened ardently to their call for environmental sanity and the sustainable use of its resources, the traditional authorities established some strict monitoring and sanctioning measures. Culprits of environmental malfeasance were punished either by paying monetary fines and/or performance of pacification rites to appease the angered ancestors. Other defaulters were publicly mocked during societal gatherings. All these stringent measures helped in maintaining environmental sanity and the conservation as well as the sustainable use of the resources in the environment. Society members greatly respected the authority of the traditional council and this brought peace and good health to the people.

However, the situation is somehow different in some societies today. Due to the weakening of the powers of the traditional council, their former roles as environmental supervisors are threatened. There is, therefore, the need for the various governments to streamline and legalize the authority of the traditional councils in communities for them to assume their roles as environmental inspectors. This is very keen to achieving a healthy environment.

As landowners and residents close to the biodiversity resources in their communities, the government must charge them with the responsibility to care for their environment at the grass root level. This would augment the efforts of the formal institutions in charge of the environment such as the Forestry and Wildlife commission, the Environmental Protection Agency and the water and sanitation departments. The legalization of the powers of traditional authorities as environmental supervisors will deepen their resolve to protect the environment and its resources. Also, it will aid them in promulgating their traditionally effective sanctions to especially elite culprits of environmental degradation who disarm the authority of the traditional council because of the non-legalization of their powers as environmental supervisors by the law of the land.

However, the powers of the traditional authorities when legalized must be monitored by an external committee, such as the forestry and wildlife commission or a new and neutral committee. This is important because some traditional authorities who are not glued to the cultural values and heritage of their ancestors may abuse their powers as environmental inspectors and resort to bribery and corruption. Thus, to arrest this potential problem, the legalization of their powers must not go unchecked but strictly managed to regulate their duties.

It is an undeniable fact that the powers of the traditional authorities in various communities can be harnessed for society and national development, especially in the area of environmental sanitation and sustainable management of its resources which is in a sorry state in numerous societies of the world. Of course, a legalization of the powers of the traditional authorities would aid in censoring the environmentally degrading activities while ensuring a green, healthy environment.

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The International Humanitarian Law

Law implies order and restraint and can act to deter war, whereas war means the absence of both. Efforts to regulate war are as old as war itself. Nations have always strived to limit the conduct of war with legal codes right from the ancient times. Proponents of such efforts assume that bringing war within the bounds of rational rules may somehow “humanize” war and control its brutalities. History reveals us that the development of a more elaborate legal regime has preceded apace with the increasing savagery and destructiveness of modern war. It also supports the view that ancient wars were lawless and had legal codes with humanitarian provisions similar to the modern laws of war. Nevertheless, the two World Wars lacked features of humanitarian law. They saw the law subverted to the dictates of battle, reduced to a propaganda battlefield where belligerents organized attacks and counter-attacks. Ultimately, the law failed to protect civilians from horrifying new weapons and tactics. Both the World Wars exhibited the inadequacy of the existing laws of war to prevent the frequent commission of wartime atrocities.

Today, International humanitarian law (IHL) provides a distinction between laws governing the resort to force (jus ad bellum) and laws regulating wartime conduct (jus in bello). Jus in bello is further divided into ‘the humanitarian laws’ (the Geneva laws), which protect specific classes of war victims such as prisoners of war and ‘the laws of war’ (the Hague laws), which regulate the overall means and methods of war. It is noteworthy, that the Geneva laws served the interests of the more powerful nations.

The ‘humanitarian laws’ and the ‘laws of war’ displays the interests of those nations that dominated the international conferences where these laws were drafted. The Humanitarian laws are characterized by strict prohibitions, whereas the Hague laws are vaguely worded and permissive with less regard for humanitarian consequences. It is important to understand that with the development of these legal principles, war has long been limited largely by factors independent of the law. For complex military, political, and economic reasons, belligerents tend to use the minimal force necessary to achieve their political objectives.

A detailed understanding pertaining to that requires an in-depth knowledge of the role of law in deterring wartime atrocities. By sanctioning military necessity, the laws of war ask that only belligerents act in accord with military self-interests. Belligerents who meet this requirement receive in return a powerful platform to convince and to protect their controversial conduce from humanitarian challenges. Moreover, the capacity of the laws of war to subvert their own humane rhetoric carries an implicit warning for future attempts to control wars, the promotion of supposedly humane laws may serve the purposes of under strained violence.

Rousseau rightly quotes: “the aim of war is to subdue a hostile state, a combatant has the right to kill the defenders to that state while they are armed; but as soon as they lay down their arms and surrender, they cease to be either enemies or instruments of the enemy; they become simply men once more, and no one has any longer the right to take their lives. War gives no right to inflict any more destruction than is necessary for victory.” In this way, Rousseau turned to reason as the basis for the law of war. The modern laws of war however claim precedent in the chivalric practices of medieval era. A more in-depth view of this era, however, finds the same coexistence of law and atrocities.

It is very crucial that the laws of war should be revised and re-codified from time to time taking into consideration the provisions under the Charter of the settlement of international disputes, which prohibits use of force. War not only affects the combatants but also the civilians and in most of the cases, the nature of the war is such that observance of the rules of war becomes impossible. Hence, there is a need for enforcement of human rights during war more specifically for protecting the civilian population. Where power prevails over law, it is the fundamental function of law to help in asserting the authority of power. In a varied and distinct ways, International humanitarian law aptly serves that purpose.

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Some Tips Finding Good Bail Bondsman

Whether a person is guilty or not of a crime, he or she doesn’t have to spend days or weeks inside a jail cell before the actual hearings by posting bail. Bail pertains to the money or property that you must post with the court in order to be released from jail. It is a way of giving the court assurance that you will attend your future court appearances.

The amount for bail usually goes higher depending on the nature of the crime, the defendant’s financial status, his or her past criminal records, and other factors. It is not unusual for defendants to have difficulties paying cash for their bail. There are many instances as well when they don’t have any properties to use as collateral instead of cash. In such situations, the best option would be to get help from a bail bondsman.

A bail bondsman will give the court a surety bond. This is a legal document or promise stating that you will pay the court if you fail to appear.

Many companies now specialize in providing assistance with paying bail bonds. However, not all these companies offer good and reliable services. To make sure you choose a good bail bondsman, consider the tips below:

Ask your lawyer for his or her recommendation. Whether you have a public defender or a private lawyer, the connections they have and experience in the legal world should be sufficient to point you in the direction of a trustworthy bondsman. Because bail bonds agencies tend to work closely with local attorneys, they will know which bondsmen are reliable and respectable and who they should recommend.

Ask to see a copy of their license and find ways to verify it. A good and trustworthy bail bondsman should have no problems having and showing a copy of their company’s license. Local state licensing departments can also give you information about a bail bond agency’s licensing status. You can also get details from these departments about any complaints filed against the agency or disciplinary actions taken over the course of their existence. You can easily get these pieces of information from the department’s website.

Get details about the bondman’s resources and experience. Lastly, although nearly all bail bonds agents must be paid the same fees, some bonds agencies will provide better and more flexible payment options and plans than others. The best bondsmen will always put their clients first by understanding their financial requirements and provide a solution that can fit into their capabilities.

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Good Legal Services Abroad For You

Advancement in technology has made it quick and easy to set up businesses abroad. Whether the business functions out of a brick-and- mortar office or a virtual one, doing business on an international level has become the norm. Conducting business in a foreign country entails familiarity with the host country’s laws. The legal intricacies of international trading could be quite challenging, and without the right legal guidance, a business owner may well end up paying penalties and fines, and saddled with legal hitches. What does it take to find good legal services abroad?

Areas of Specialization

One of the travails of establishments operating in a foreign country is finding good legal services. Lawyers usually specialize in one particular type of law, or other related areas. A lawyer may generally work on immigration cases, while another one may be a tax specialist. Note that there are lawyers who only render advice to their clients, and not represent them to actual court litigation.

General areas of legal practice include: personal injury, criminal law, tax, employment and family law. It is best to choose a lawyer that specializes in one’s legal concern and one that has a firm foundation in the laws of the host country.

Different Types of Lawyer

Foreign Legal Consultants may be classified as lawyers working for international law firms based in foreign countries. These attorneys may advise clients regarding the requirements and conditions of the host country’s law, but they may or may not be licensed to practice law in the country where they are based. If court representation is needed, a licensed lawyer in the country where he works is required.

Solicitors and Barristers are specialized lawyers who may be practicing in foreign countries. Solicitors generally do not represent clients in court, but advise them, and may put together legal cases for barristers to take to court.

Notaries usually do the functions of attorneys, but depending on the country they practice, their job description may vary. Notaries may draft transfers of property titles and wills. In some countries, notaries are Ministry of Justice appointees and may act as administrators in estate settlements.

Where to Find a Lawyer

Searching for a lawyer in a foreign country is no longer too tasking. Overseas embassies and consulates of most countries have listings of local lawyers who have expressed their willingness to assist citizens of another country. For example, an American in Thailand may go to the U.S. embassy and he will be furnished with a copy of local lawyers willing to assist a U.S. citizen.

There are international bar associations with local chapters that could help foreigners with their legal problems. Most of these associations and similar organizations have standing agreements with accredited members in other countries.

Law firms maintain websites. This should make it doubly easy for anyone needing legal counsel to find a qualified lawyer through this mode.

Law schools have credible law professors who may be practicing or may know a practicing lawyer in his circle. If the legal advice and drafts are needed, senior law students could handle these requirements.

Surely local contacts could refer qualified lawyers to meet one’s legal requisites.

Considerations When Selecting a Lawyer

Before settling for an attorney, there are several points to consider.

First, it is to your benefit to ask the lawyer in consideration his qualifications and experience. You may ask the lawyer’s strategy and plan in representing you. It is not impolite to ask how much his retainer fees are.

Do not hesitate to ask questions regarding your case. As your lawyer, he is expected to explain every plan and activity in a manner that you can understand.

Be very careful when turning over documents and money. Make sure that your lawyer understands and can tackle your legal concerns in a manner that is satisfactory to you. See to it that the lawyer-client confidentiality clause in the foreign country meets your expectations.

These pointers should enable you to find a qualified foreign lawyer to handle your legal needs in a suitable and agreeable manner.

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Lawyers about Phones Are The New Billboards

What can a lawyer do nowadays to stay in front of clients and brand themselves as leaders of the pack? Simple, stay in front of the thing clients use the most, phones.

There has been a trend with mobile devices over the last decade, mainly that they have become ubiquitous. Not only are most of the searches online happening through mobile devices (58%), but the majority of the adult world (one-third of the world population to be exact) owns and operates a cell phone. That means that if you want to stay in front of clients there’s something even greater than a billboard or park bench. It’s a phone.

Trade shows have caught on and booths have begun handing out products like Screen Cleaner Stickers that stick to the back of a phone and contain a custom logo or message. These trend setters caught on quickly that the best place to be is on the backs of phones through something like a screen cleaner or something like a Custom Phone Wallet.

Why do these products work?

People check their phones hundreds of times a day. Literally, studies have shone that people check their phones almost two hundred times a day. That means that if you put a logo or message on the back of a phone, it gets flashed around a couple hundred times a day for all to see.

The product’s are useful. Let’s take a screen cleaner that adheres to the back of your phone. How many times have you used your pants? Exactly. Using a little microfiber cloth is preferable for the vast majority of people. These cleaners have your logo on them and will not only remind your client, but pique the curiosity of all those around.

These products are unique. Considering how many people have phones, probably everybody you know, this product is very unique. I remember the first time I saw one and literally had to stop someone and inquire about what they had on their phone. Not only do I remember the logo I saw that day, but the name of the business. Something unique stands out more and spreads your message in a far more memorable way.

So, lawyers out there, turn your client’s phones into walking billboards that will adhere and spread your message for at least a year. This is a far more cost-effective way to market your practice than an expensive billboard.

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When Communicating With Clients

Communicating with clients and colleagues used to be a simple matter. All you needed was a phone and some stationery. Today you need something more: flexibility.

Some people respond best to e-mail. Others like the human touch of a phone call. Younger clients prefer the laser efficiency and instant gratification of texting. Others still – such as co-workers – may respond quickest to a note left on their chair.

One person’s best method of communication is another person’s worst. Knowing which method to use in a given situation is an art and a science I find fascinating.

In the past, I’ve written about how technology changed the legal industry: The paradigm shifts of digital marketing, virtual law firms, e-discovery, outsourcing and so on.

But the biggest change of all is in day-to-day communication with clients, prospects and friends. This basic communication is the lifeblood of our industry. And it has changed profoundly.

Don’t take my word for it. Look at highlights from a study by Mary Tellis-Nayak of the National Research Corporation and NRC Health.

In just four years, we’ve seen major changes in the way we communicate.

  • Text messaging is on the rise. Texting is the preferred channel for the under-45 crowd. If you want to reach that age cohort and get a quick answer, texting might be the way to go.
  • Cellphone use skews older. People over 45 talk on cellphones more than their younger counterparts. Cellphone use increases between ages 45 and 74.
  • Home phones preferred for 75-plus. Many people younger than 45 don’t even have a landline. Those who do often see it as an emergency line. But many older clients need to be at home to be reached. Your best bet may be calling in the early morning or early evening.
  • Everyone’s going social. Online chat via Facebook is popular with 25- to 34-year-olds. Seventy-four percent of online consumers use social media websites. Facebook Messenger is a viable channel for private, two-way communication. Plus, many communities have members-only groups where peers rely on each other for info. Getting in on these conversations is a smart move.
  • Inboxes are out. E-mail usage is down 11 percent in four years. Don’t expect anyone to be as focused on their e-mail accounts as they used to be. Ever notice that many people you send e-mails to don’t read to the bottom? Me too. They miss out on important info. Make sure subject lines are crystal clear and that messages are simple and concise with the important stuff up top. I highlight any info or directions that require immediate action on the reader’s part.

One person’s best method of communication is another person’s worst.

None of the above should come as a huge surprise. What’s interesting to me though is how the legal profession as a whole historically has been slow to adapt to the communication and technology trends that we all intuitively know to be true.

I’ve written about how lawyers can be set in our ways, and how that’s not always a bad thing. (Formal dress being one example that still has tremendous benefits in given circumstances.)

But being slow to adapt to communication trends can be detrimental to your practice. Do you recognize and meet the communication needs of each individual client? We’re in a service business. Good service means knowing when to customize our approach to each client.

Here are just a few signs that you might need to choose your communication methods more carefully:

Do you find yourself dashing off an e-mail out of convenience to avoid taking the time to chat with a client who needs back-and-forth communication to get to the bottom of their concerns?

Do you text someone who you know prefers e-mail?

Are you still only using phone calls or snail-mail, and not current methods?

In the legal industry, we have pressing deadlines and need to reach clients and opposing counsel ASAP. It’s crucial to be conversant with all channels of communication.

Knowing which method to use given the person and situation is key. Your clients will be happy. And you’ll get your job done in a more efficient way with less stress.

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The Indian Judiciary

National Court of Appeal

Mainstream regularization won’t be worthy as it would only result to stubborn disobedience.

The very right to fight for justice these days is for the poor only when you have Supreme Court taking it up.

Violence based on theoretical interference can only force unobstructed structural violence.

The Supreme Court’s occupational capacity mustn’t be increased.

Simultaneously, time spent in refusing the court cases should be followed sincerely by reputed structures. And, I have come up with an intermediary solution for this.

Each state would have a template on petitioner obligation.

It implies, prior to taking a petition in the court (Supreme Court), applicant’s written statement should be mentioned.

Then, if the applicant is unable to carry on the related adjoining procedures needed, he would face the consequences in the future cases that are to be carried in his stewardship.

It implies in case the petition forwarded cannot be duly justified through petitioner’s action then, as per the very procedures laid by the parliament- future cases based on his findings would be delayed.

Added to it, filing of cases could be individual. In case the layer is not obliged to take the writ, he would have to go through a similar written statement.

It implies whenever a fake or faulty writ would come to him, he won’t allow petitioner to file his case in the Supreme Court.

Such a situation calls for finding of resultant statement & its recording in the lower court house through judgement. It means each case would be filtered thoroughly through principles of the legal regulations.

The reasons behind such an indifferent attitude would only result in the warning of not wasting Supreme Court’s time on each petitioner citing it’s vital for justice via action.

Besides, there would be some provision for a person if he feels that nobody would be taking his case to hearing yet is positive about securing justice on his own. Then, he would have to record lawyers’ statements citing reasons to not take his case & submit the recordings to lower court that would consequently extend a recognized and suitable attorney to assist him in filing his case.

Such situations imply that the individual won’t be able to pick his lawyer but it’s lower court that will determine the lawyer for him on the basis of his case merits.

It lays the road for proper utilization of court’s time and I feel this way around 30 percent of courts time would have better utilization.

Supreme Court, generally, follows 3 optional days of judgement in one calendar year.

During these 3 days, Supreme Court looks into all the cases filed by the petitioner.

Thus, the period of waiting would compel a petitioner to withdraw his case on the basis of unnecessary daunting procedures or he would possibly lay down recorded hearings.

Besides, for each judge holding a position in Supreme Court, he will have to appear for the attorney hearings (national) on one specified day.

It implies, judge would appear to hear the undeformed cases especially on this specific day every month.

It also says that judges won’t attend more than 3 cases on that day.

Moreover, frequent method deployed in transferring case right from additional general attorney to higher bench must be customized as per additional needs to avoid deferred actions.

This is how; each case would just be ready solely when it requires proper maintenance of procedures as disbursal mechanism.

I have thoughts on the Chief Justice as well. I feel that he should be supported via subsequent elevation for bringing thoroughness from decree brought via delaying mechanisms.

Thus, each elevation would ask for a nod from chief of Supreme Court to appeal for the structure of tribunal that would just hold the power of decentralizing the huge burden via written description.

In regards to the tribunal that is in charge, it would have to sincerely abide by policies that are laid down by the honorable Supreme Court & have to make sure that maintenance of vital assignments is duly conducted through mistakes which are common during the promotions.

It would be best to just recommend the needed suggestions on the basis of foundation of a written support in favor of a candidate via answering recommended suggestions.

Yes, high court fellows will have their mental agony but that must be handled by certain footsteps via which separate jurisdiction would look into their increments & meaningful aspects pertinent to the disbursement of the tasks.

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