Month: July 2020

Assistant Manager at PFRDA: Job Opportunity: Apply by July 31

Posted on

About the Organisation

Pension Fund Regulatory and Development Authority (PFRDA/Authority), is a statutory regulatory body in the financial sector established under the PFRDA Act (23 of 2013) passed by the Parliament of India with the mandate to promote, develop, and regulate the Pension industry in India.

About the Job Opportunity

PFRDA invites applications from Indian citizens for filling up the posts of Officer Grade ‘A’ (Assistant Manager) in General and Legal Stream. PFRDA reserves the right to increase or decrease, fill up or not to fill up the posts, or terminate this process at any stage, and accordingly, the applicants shall have no right to participate further in the selection process.

Number of Post

Two

Eligibility

Bachelor’s Degree in Law from a recognized University/Institute.

Important Date

On-Line Application :June 16

Payment of fee: July 31

Important Guidelines

  1. Candidates are expected to be computer literate and conversant with MS–Office (Word and Excel) applications.
  2. Candidates are permitted to apply for posts in multiple streams as per their educational qualifications. Candidates interested in applying for both General and Legal Stream would be required to file separate applications and pay the requisite fees. In case a candidate applies more than once in a single stream and/or both the streams, only the latest applications for each such stream shall be considered valid and the previous applications shall be rejected. The recruited officers may be posted to various departments of PFRDA, irrespective of their streams.
  3. The candidate must hold a degree of any of the Universities incorporated by an Act of the Central or State Legislature in India or other educational institutions established by an Act of Parliament or declared to be deemed as a University under Section-3 of the University Grants Commission Act, 1956, or possess an equivalent qualification from a Foreign University recognized by the Association of Indian Universities.
  4. The date of passing eligibility examination will be the date appearing on the mark-sheet or provisional certificate issued by the University/Institute. In case the result of a particular examination is posted on the website of the University/Institute, a certificate issued by the appropriate authority of the University/Institute indicating the date on which the result was posted on the website will be taken as the date of passing.
  5. Candidates who have appeared for the final examinations and waiting for the results are eligible to appear in the selection process. However, the offer to join PFRDA to the selected candidates shall be subject to the production of necessary documents evidencing successfully obtaining the requisite qualification.

Age Limit

  1. A candidate must not have exceeded the age of thirty (30) years as on April 30, 2020, i.e., the candidate must have been born on or after May 01, 1990.
  2. The upper age-limit prescribed above will be relaxable:
    i. up to a maximum of five years for candidates belonging to a Scheduled Caste or a Scheduled Tribe if the posts are reserved for them;
    ii. up to a maximum of three years in the case of candidates belonging to Other Backward Classes who are eligible to avail of reservation applicable to such candidates if the posts are reserved for them;

Process of Selection

It will consist of a two-stage process i.e.

Phase I consisting of Online examination

Phase II consisting of Group Discussion and Interview.

Application Link

https://ibpsonline.ibps.in/pfrdamadec19/

Contact Information

  1. Phone Number : 011-26517501,011-26517503,011-26517097
  2. In case of any problem experienced in filling up the form, payment of fees/intimation charges click on the link: https://cgrs.ibps.in/
  3. Do not forget to mention “PFRDA – Officer Grade ‘A’ 2020” in the subject of the email.

Online Internship Opportunity: Muds Legal LLP

Posted on

About Muds Legal LLP

Muds Legal LLP is the law Firm company providing prime services in Corporate Laws, SEBI Laws, RBI Laws, POSH Laws, or any other law as required by the time in force.

About the internship

Interns will be required for doing Research Papers in Recovery Laws, POSH Laws & RBI Laws, and further support to Legal Experts in execution.

No. of Interns Required

Two

Requirements

  1. Shall be a Team Player.
  2. Must have Excellent professional written communication skills.
  3. Ability to organize and prioritize work independently, with minimal supervision.
  4. The candidate shall be aggressive, and be a result-oriented person.

Location

Work from Home

Eligibility

Candidates under Law Graduation and having very strong communication skills-written, as well as oral, can apply.

Stipend

Stipend-As per Industry Norms.

Duration

Minimum 1 month or as per the College Norms.

Application Procedure

Send your CV via email to career@muds.co.in.

Contact

Mobile number: +91 96501 45903

Website Link

https://www.muds.co.in/

Rectification, Cancellation and Recission of Contracts- An undo button for your Contracts

Posted on

This article is written by Siddhi P. Nagwekar, a student at Karnataka State Law University’s Law School.

This article discusses specific reliefs for the contracts like rectification, rescission and cancellation of instruments/contracts in the light of Indian legal framework while also  touching upon common law jurisprudence.

INTRODUCTION

Contract was a concurrent jurisdiction shared by law and equity. In its recognition of mistake, equity presupposed that the contract was good at law—and within that sense valid—but it might provide relief of some sort on the idea of the error.

The concerns which were expressed with evidence and with the character of the relief granted attended to diminish, sometimes entirely, the expression of reasons for why equity provided relief for mistake. This didn’t mean that the relief was granted in an arbitrary fashion, for courts sought to determine when relief had been granted in earlier cases. Equity judges and lawyers conceived of mistake not as a ‘doctrine’ but as integrally associated with the discretionary relief a court could provide to stop an injustice during a particular case; such relief was granted where it had been within the past.

Courts of equity would intervene only where a specific contract was written. The idea of equitable relief was integral to the admission of parole evidence to elucidate the injustice arising from the fallacy. Equity allowed such evidence as a reason to not enforce the strict legal terms of the contract because doing so would be unconscientious.

Courts of equity offered three sorts of relief to a party where a flaw had seeped in. The primary of the two were positive: a plaintiff could seek rectification or rescission of an agreement on the reason of mistake. The third was negative: a defendant could deny specific performance on the basis of an error.

In India also, the law offers three types of relief to the parties to a contract where a fallacy has occurred: rectification and cancellation of instruments and rescission of contracts.

Section 2(14) of The Indian Stamp Act[1], 1899 goes on to defines ‘instrument’ as “every document by which any right or liability is, or purports to be, created, transferred, limited, extended, extinguished or recorded.”

Rectification

It is described that rectification is one of the most common forms of equitable relief in cases having fallacies. The most common instance during which such relief was sought in reference to the articles of agreement in anticipation of marriage where equity would reform marriage settlements not founded on the previous written agreements. While a court of law wouldn’t allow a clear mistake of a word to defeat the intentions of the parties, a court of equity could go further.[2] Equity would reform a contract, whether executed or executory, to have it conform to the precise intentions of the parties: (1) where, by mistake, the written contract contained less than the parties intended; or (2) where it contained greater than was intended; or (3) where it varied their intent by expressing something different in substance from what was intended.[3] It had been recognised in these instances that the parties had formed an agreement but that the written dossier didn’t meet the intentions of the parties once they had made their agreement.[4]

Rectification was provided to put an end to injustice. As Story explained: “A Court of Equity would be of little value, if it could repress only positive frauds, and leave mutual errors, immaculately made to figure intolerable mischiefs, opposite to the intention of parties. It might be to permit an act, originating in innocence, to function ultimately as a fraud, by warranting the party who receives the advantage of the error, to resist the assertions of justice, under the umbrella of a rule framed to market it.”

Chapter 3, Section 26 of The Specific Relief Act, 1963 deals with rectification of instruments specific to the Indian subcontinent. It provides basis as to when an instrument may be validly rectified.

An omission during a registered Sale deed is often rectified under this Section 26. But if the parties themselves execute a supplementary deed to rectify an omission within the original document, such supplementary deed isn’t an extraneous evidence, Both the documents need to be read together.[5]

Whenever a prayer is formed for rectification of an instrument, the question to be considered isn’t what the parties would have done, had they been up to anticipate subsequent developments, but what was their intention at the time contact was made. If the parties have deliberately overlooked something from the written instrument, that can’t be put in.

Rescission

This form of equitable relief was to rescind the contract, although this power was used sparingly. A court of equity had the authority to order up the delivery, cancellation or rescission of agreements, deeds and other instruments on the grounds of a protective or preventative justice (quia timet) in cases where there was concern that the instrument could be vexatious or injuriously used against a party in law when there was a good and honest defence against it in equity (although not in law). Rescission was a more drastic remedy than a refusal of specific performance because rescission prevented a party from any remedy at common law, as also in equity. Rescission was primarily directed to the circumstances where there was fraud and an inaccurate consideration and Jeremy opined that where both parties were mistaken the remedy wasn’t rescission but rectification. Story explained that rescission wasn’t generally an appropriate, adequate or equitable relief because in most cases: the accident or mistake could also be of a nature, which doesn’t attend the very foundation and merits of the agreement; but may only require that some amendment, addition, qualification, or variation should happen, to form it directly just, and reasonable, and suited to be enforced. Rescission is granted because to permit an agreement to stand when it had been formed under an error would be ‘manifestly unjust’.[6]

To have a rescission executed, both parties to the contract must be placed within the same position they occupied before the contract was made.

Chapter 4, Sections 27 to 30 entail the cases when rescission might be granted:

Where consent to an agreement is caused by coercion, fraud or mistake or misrepresentation, the agreement is a contract voidable at the choice of the party whose consent was so caused. At the same time, where both the parties to an agreement are under an error of fact crucial to the agreement, the agreement is void.

A person who fails to get specific performance of a contract, may have it rescinded and delivered up to be cancelled.

If the defrauded party chooses to sue, three remedies are available to him, namely –

He may rescind the contract absolutely and sue to recover the consideration parted with upon the fraudulent contract; or

He may bring an action to rescind the contract and, wherein that action, have full relief; or

He may retain what he has received and file a suit to recover the damages sustained.

An examination of this section shows that the relief of rescission could also be asked for in respect of contracts, whether in writing or not, wherever transfer of property Act is in force; and in respect of written contracts only on other places, and it could be asked for in the following classes of cases:

Voidable contracts;

Terminable contracts;

Unlawful contracts;

Void contracts.

Section 28: Rescission of contracts in certain  circumstances where the specific performance for the sale or lease of immovable property is decreed.

Section 29. Alternative prayer for rescission in suit for specific performance.-A plaintiff instituting a suit for the specific performance of a contract in writing may pray within the alternative that, if the contract can’t be specifically enforced it could be rescinded and delivered up to be cancelled; and therefore the court, if it refuses to enforce the contract specifically, may direct it to be rescinded and delivered up accordingly.

Section 30. Court may require parties rescinding to do equity.-On adjudging the rescission of a contract, the court may require the party to whom such relief is granted to revive, thus far as could be, any benefit which he may have received from the opposite party and to form any compensation to him which justice may require.

Cancellation of instruments

In the matters of voidable contracts in writing, the powers of judicial rescission are co-extensive with those of directing the cancellation and surrender of the instruments.

A forged instrument, so long as the forgery has not been judicially determined, may source the greatest mischief, and a court of equity will command its cancellation in anticipation. And it doesn’t matter that the Plaintiff is not a party to such a document, it does not embody a contract which binds him personally.

Section 31.Where cancellation may be ordered: Cases occurs where a written instrument, originally valid, becomes ineffective by subsequent events, such as, by satisfaction or payment, or other causes; and its existence casts either a cloud upon the title of the opposite party or subject him to the danger of some future litigation; under such and like circumstances, although the written instruments have become void, courts interpose to put a stop to injustice or hardship and will decree a delivery and cancellation of the instrument.

Section 32. What instruments may be partially cancelled: the court is not bound by any obligation to entirely annul the whole of the instrument impugned, but may in its discretion, allow a part of it to sustain, if it is evidence of various rights or different obligations.

Section 33. Power to require benefit to be restored or compensation to be made when instrument is cancelled or is successfully resisted as being void or voidable.

As Alexander Pope once said that to error is human i.e., to make mistakes is intrinsic to human nature but to forgive is a divine quality. The Specific Relief Act of 1963 gives us three chances or provisions to restore the prima facie intention of the contracts and helps in the continuity and longevity of the contracts as also the trade relations among individuals and the nations.

[1] Enacted on 27 January, 1899

Enforced on 1 July, 1899

[2] Sugden (n 31) 140 fn (i).

[3] Story (n 54) 133–34, §152

[4] Henkle v Royal Exchange Assurance Company (n 6) 318; 1055.

[5] Brij Lal versus kartar Kaur – (1989) 1 LLR 622, 623, 624 (P&H).

[6] Per Lord Langdale MR in Colyer v Clay (1843) 7 Beav 188; 49 ER 1036 at 193; 1038.

Latest Posts

Archives

Inheritance and Succession Under Muslim Law

Posted on

This article is written by Akshat Mehta, a student at the Institute of Law, Nirma University, Ahmedabad, Gujarat.

In this research article, the author has tried to focus on Principles of Inheritance and Succession under Muslim Law by analyzing landmark Supreme Court cases which contributed towards development and amendment of Muslim Law. In this article, he has precisely focused on 8 general principles of Inheritance under Muslim Law.

Inheritance and Succession Under Muslim Law

Marriage, adoption, Inheritance, and Divorce in Hindu Law is almost similar to Christian Law, but in Muslim Law all these events are governed according to Shariat Kanoon or Muslim Personal Law or Muslim Marriages Act, 1939.[1] Events such as marriages and divorce under Hindu’s are regulated through Hindu Marriage Act, 1995, and for this sake Hindu includes Sikh’s, Jain’s, and Buddhist’s.[2] As per Section 2 of the Hindu Marriage Act, 1955, Marriages among Jain’s, Buddhist’s and Sikhs are covered under the said act because they are Hindu’s irrespective of caste and creed.[3] When we specifically talk about Inheritance in Muslims, then it is much more different than Hindu Law or any other Law. In addition to this, Principles of Inheritance in Muslims also differs as per the different sects of the community such as Shia, Sunni, and Ahmadis. 

INTRODUCTION

The Principles of Succession and Inheritance under Muslims is regulated according to the Muslim Personal Law (Shariat) Application Act, 1937.[4] Furthermore, Muslim Law of Succession comprises of four sources of Islamic Law i.e. The Quran, The Sunna (aka practice of the prophet), The Ijma (which means the common assent of learned and prominent people of the community on what should be done in any particular issue) and The Qiya (more like natural law school of jurisprudence which tells what is right and wrong as per the God).

In addition to this Muslim Law adores two types of heirs.[5] These are:

1.     Sharers: Sharers are the ones that have the right to a certain share in the property of the deceased. Wife, Husband, Paternal Grandfather, Father, Daughter, Mother, Full sister, Consanguine sister, Uterine brother, Grandmother on the male line, Daughter of a son (or son’s son or son’s son and so on), and Uterine sister is defined as Sharers under Muslim Law.

2.     Residuaries: After the distribution of the deceased person’s property among the sharers, the residuary property will be shared by Residuaries.

Landmark Cases

There are two landmark cases which either evolved or amended some principles of Inheritance in the form of maintenance under Muslim Law. These are:

1.     Imambandi v. Mutsaddi (1918): This was a Bombay High Court case in which the property in dispute was claimed by three widows of a single Muslim husband, who died intestate. One of his widow wives claimed that as she is the mother of the child and hence being the legal guardian of the child, she was entitled to the property belonging to her child. The issue, in this case, deals with the Guardianship and bifurcation of the property based on Guardianship. The Honorable Court held and reaffirmed the Muslim Law narrative that a man is a sole, only and actual guardian of a child and the mother of the child will not be termed as a guardian of a child even if the death of her husband occurs. In case of the death of the father the guardianship of a child will automatically turn towards its grandfather and after him the brother of the father (i.e. the uncle of the child). So in this case, it was reaffirmed that the wife cannot claim the property by claiming that she is the natural guardian of the child.[6]

2.     Noor Sabba Khatoon v. Md. Quasim (1997): This case deals with the rights of a child born out of Muslim marriage after the divorce of his/her parents. The Honorable Court held that a child is entitled to maintenance from his father under Section 125 of CrPC[7] and also under the provisions of Muslim Woman (protection of rights on divorce) Act, 1986.[8] The Court further held that a Muslim man is liable to maintain and flourish his son until he attains the age of majority and in the case of a daughter a Muslim father is liable to give maintenance to his daughter until she gets married.[9]

Principles of Inheritance under Muslim Law

Here, we’ll discuss some of the main principles of inheritance under Muslim Law which is different from other Laws.

1.     Distribution of Property: Distribution of property under Muslim Law is done on two bases i.e. Per Capita basis and Per Strip basis. Let’s see each of them separately:[10]

a)     Per Capita basis: This is commonly practiced among Sunni Muslims. As per this, the property of ancestor is distributed among the heirs according to the number of heirs in the family. Ultimately the number of heirs decides each person’s share in the property of the ancestor. The branch of family doesn’t play any role in Per Capita distribution.

b)     Per Strip basis: This is mainly followed by the Shia sect of the Muslim community. As per this, the property of the ancestor is distributed among the branch (strip) of a particular family.  So the distribution of property under Per Strip mechanism depends upon the quantum branch and the number of people living in one specific branch.

2.     Testamentary and Non-Testamentary Succession: The Muslim Personal Law (Shariat) Implementation Act, 1937, is applied in Non-testamentary succession. On the other hand, in the case of a person who dies after creating his will, the succession in this the case is governed, as applicable to the Shia and the Sunni, under the relevant Muslim Shariat law.

In cases, where the property matter is an immovable property located in West Bengal, Chennai and Bombay, the Muslims are bound by the Indian Succession Act, 1925.[11] That exception is for testamentary succession purposes only.[12]

3.     Birth Right: “Janmaswatvad’s” theory of Hindu inheritance law finds no place in Muslim inheritance law. In Muslim law, the issue of inheritance of property comes only after a person’s death. Any child born into a Muslim family on his birth does not have his right to claim the estate. Indeed, no such person holds is a legal heir and thus has no right until the ancestor’s death. When an heir survives long after the ancestor’s death, he is a legitimate heir and thus has the right to a share of the wealth. Nevertheless, if the apparent heir does not survive his ancestor, then there shall be no such right to inherit or share in the land.[13]

4.     Doctrine of Representation: The Doctrine of Representation is widely and commonly followed in Roman, English, and Hindu Law, but it doesn’t get any space in Muslim Law. As per this doctrine the son of an erstwhile son is to represent his father for the Inheritance or Succession. Under Muslim Law, the nearer heir totally eliminates the remoter heir form taking succession over the estate of the deceased person.[14]

5.     Marriage of Muslim as per the Special Marriage Act, 1954:[15] Under the Special Marriage Act, 1954 people from two different religions can marry each other. Muslim Law doesn’t permit Muslims to get married according to the said Act and if a person gets married under the said act then he/she will not be considered as Muslims and are not entitled to Succession or Inheritance as per the Muslim Law.[16]

6.     Right of Females in Inheritance: In Muslim Law, Males and Females have the same rights in lieu of inheritance. So male and female both share equal rights in case the death of Muslim occurs but, in Muslims Males have the preferential right over woman’s to inherit the property and also males generally have a double share of property over females under Muslim Law.[17]

7.     Rights of Step-Children: Step-Children do not have any such rights to inherit the property of their deceased Step-Parents and also Step-Parents don’t have any right to claim the property of their Step-Children, if in case their Step-Children die earlier and they possess some property.[18]

8.     Rights of a Widow: Widows are entitled to claim one-fourth of the property of her deceased husband after meeting of all debts, expenses and funeral costs but if Widow woman has any children or grandchildren, then she is entitled only for the one-eighth share of the property of her husband as per the Muslim Law.[19]

[1] Dissolution of Muslim Marriage Act, 1939, No. 45 Act of 1939.

[2] The Hindu Marriage Act, 1995.

[3] The Hindu marriage Act, 1995, § 2.

[4] The Muslim Personal Law-Shariat Application Act, 1937.

[5] Advocate Chikirsha Mohanty, Inheritance under Muslim law (June 19, 2019),  https://lawrato.com/indian-kanoon/muslim-law-law/inheritance-under-muslim-law-599.

[6] Imambandi v. Mustsaddi, (1918) 20 Bom.  L. R 1022.

[7] Code of Criminal Procedure, 1973, No. 2, Acts of Parliament, § 125.

[8] The Muslim Woman (Protection of Rights on Divorce) Act, 1986.

[9] Noor Sabba Khatoon v. Md. Quasim, AIR 1997 SC 3280.

[10] Mitul Singh Thakur, Principles of Inheritance under Muslim Law (May 12, 2020), https://www.legalbites.in/inheritance-under-muslim-law/.

[11] The Indian Succession Act, 1925.

[12] Advocate Chikirsha Mohanty, Inheritance under Muslim law (June 19, 2019),  https://lawrato.com/indian-kanoon/muslim-law-law/inheritance-under-muslim-law-599.

[13] General Principles of Inheritance under Muslim Law – Rules relating to Islamic Inheritance (July 21, 2014), https://www.slideshare.net/hanifmulia/general20-principles20of20inheritance20under20muslim20law.

[14] Harsha Asnani, What are the Rules Governing Inheritance of Property under Muslim Law (May 17, 2016) https://blog.ipleaders.in/rules-governing-inheritance-property-muslim-law/.

[15] The Special Marriage Act, 1954.

[16] Pragati Ghosh, 13 General Principles of Inheritance under Muslim Law in India, https://www.shareyouressays.com/knowledge/13-general-principles-of-inheritance-under-muslim-law-in-india/117457.

[17] The Muslim Law of Inheritance ( June 29, 2018), https://medium.com/@legalresolved/the-muslim-law-of-inheritance4ac8866ab490#:~:text=The%20Muslim%20law%20of%20inheritance%20derives%20its%20principles%20from%20four,deductions%20of%20what%20holds%20just.

[18] Mitul Singh Thakur, Principles of Inheritance under Muslim Law (May 12, 2020), https://www.legalbites.in/inheritance-under-muslim-law/.

[19] Advocate Chikirsha Mohanty, Inheritance under Muslim law (June 19, 2019),  https://lawrato.com/indian-kanoon/muslim-law-law/inheritance-under-muslim-law-599.

Latest Posts

Archives

Malay Kumar Ganguly vs Sukumar Mukherjee & Ors

Posted on

This article is written by Sagnik Chatterjee, a student at Symbiosis Law School, Pune

 Case Number

CRIMINAL APPEAL NOS. 1191-1194 OF 2005

Equivalent Citation 

AIR 2010 SC 1162

Bench

S.B. Sinha, Deepak Verma

Decided on

7 August, 2009

Relevant Act/ Section

This case deals with the act of negligence or medical negligence to be specific performed by the Doctor in a Government hospital which comes under the Tort law. Tort Law is not codified in this country and it is largely based on the precedents of the cases on similar lines.  

Brief Facts

  1. In the case of Malay Kumar Ganguly v. Dr. Sukumar Mukherjee[1], the Supreme Court remanded this matter to the National Consumer Disputes Redressal Commission to award just and reasonable compensation to Mr. Kunal Saha (the Claimant).
  2. The National Commission held the doctors and the AMRI Hospital negligent in treating the wife of the claimant on account of which she died and awarded a compensation of Rs.1,55,60,000 to the claimant.
  3. The doctors and the Hospital were aggrieved by this amount of compensation awarded by the National Commission to be too harsh and unjust.
  4. On the other hand, the claimant (Dr.Saha) was aggrieved by the inadequate amount of compensation. He considered this sum to be much lesser than what he had claimed and what he thought to be just.
  5. Hence, the matter came up before the Supreme Court. Following is the damages claimed by the claimant in this case.

Issues Framed by the Court

  1. Whether the claim of the claimant for enhancement of compensation in his appeal is justified. If it is so, for what compensation he is entitled to?
  2. Whether the National Commission is justified in adopting the multiplier method to determine the compensation and to award the compensation in favour of the claimant?
  3. Whether the claimant is entitled to pecuniary damages under the heads of loss of employment, loss of his property and his travelling expenses from the U.S.A. to India to conduct the proceedings in his claim petition?
  4. Whether the claimant is entitled to the interest on the compensation that would be awarded?
  5. Whether the compensation awarded in the impugned judgment and the apportionment of the compensation amount fastened upon the doctors and the hospital requires interference and whether the claimant is liable for contributory negligence and deduction of compensation under this head?

Ratio of the Case

The court held that the claim for enhancement of the compensation is justified on the following grounds.

  1. The claim has been pending for the last 15 years. Since then, Rupee has devalued significantly. Also, various cases were cited that held that inflation must be taken into consideration for the purposes of such calculations.
  1. The principle of restitutio in integrum was applied. The said principle provides that a person entitled to damages should, as nearly as possible, get that sum of money which would put him in the same position as he would have been if he had not sustained the wrong.
  1. Various cases where more compensation was awarded than what was claimed were cited. Also, rather than relying on the technical and the procedural requirements, the emphasis was laid on the duty to award just and reasonable compensation to do complete justice to the affected claimant.
  1. Hence all three points were decided in favour of the claimant.

While dealing with the second issue the court said that it is sceptical about using a straitjacket multiplier method for determining the quantum of compensation in medical negligence claims. 

While dealing with the next issue the court also decided in favour of the claimant. Compensation under various heads such as cost of litigation, legal expenses, travelling expenses was given by the court.

The court observed that normally when a money decree is passed, it is most essential that interest be granted for the period during which the money was due, but could not be utilised by the person in whose favour an order of recovery of money was passed. The object of a court in awarding interest to a successful litigant is to compensate him for being kept out of money which the court has found is properly due to him. The court also held that not granting interest was not only unreasonable but also against the provisions of the Interest Act, 1978.

The court held that the AMRI Hospital is vicariously liable for its doctors. It is clearly mentioned in Savita Garg’s case that a Hospital is responsible for the conduct of its doctors both on the panel and the visiting doctors.

The court absolved Dr. Kunal Saha of all liabilities and held that he is in no manner responsible for Contributory negligence for the death of his wife. It was held in the Malay Kumar’s case that:

“The respondents also sought to highlight on the number of antibiotics which are said to have been administered by Kunal to Anuradha while she was in AMRI contending that the said antibiotics were necessary. Kunal, however, submitted that the said antibiotics were prescribed by the doctors at AMRI and he did not write any prescription. We would, however, assume that the said antibiotics had been administered by Kunal on his own, but it now stands admitted that administration of such antibiotics was necessary.

To conclude, it will be pertinent to note that even if we agree that there was interference by Kunal Saha during the treatment, it in no way diminishes the primary responsibility and default in duty on part of the defendants. In spite of a possibility of him playing an overanxious role during the medical proceedings, the breach of duty to take basic standard of medical care on the part of defendants is not diluted. To that extent, contributory negligence is not pertinent. It may, however, have some role to play for the purpose of damages.”

Decision of the Court

Quoting from the judgment, a careful reading of the above paragraphs together from the decision of Malay Kumar Ganguly’s case would go to show that the claimant though overanxious, did to the patient what was necessary as a part of the treatment. According to the Supreme Court, the National Commission erred in reading in isolation the statement of the Supreme Court that the claimant’s action may have played some role for the purpose of damage.

Hence, the Court re-emphasized the finding that the claimant did not contribute to the negligence of the appellants-doctors and AMRI Hospital which resulted in the death of his wife.

Final Details of Compensation awarded by the Court 

Loss of income of the deceased- Rs.5,72,00,550/-, For Medical treatment in Kolkata and Mumbai- Rs.7,00,000/-, Travel and Hotel expenses at Mumbai- Rs.6,50,000/-, Loss of consortium- Rs.1,00,000/-, Pain and suffering- Rs.10,00,000/-, Cost of litigation- Rs.11,50,000/-

Total- Rs.6,08,00,550/-

Latest Posts

Archives

Understanding the Application and Ambit of Declaratory Relief

Posted on

This article is written by Anushka Khaitan, she has recently completed her second year at Jindal Global Law School. She writes about the scope of declaratory relief with relevant case laws and some juristic history.

INTRODUCTION

Declaratory relief under the Specific Relief Act, 1963 has been instated to provide a form of equitable remedy. It has tremendous utility in clarifying the legal status or right of an individual when the same is threatened. The requisites entailing the same, ensure that it is not misused or overused.

Declaratory relief is governed by Section 34 and Section 35, Specific Relief Act, 1963. The first gives courts the discretionary power to make a declaration as to the status or rights of the plaintiff, while the second explains the effects of such a declaration.

The Ambit of Declaratory Relief

Essentially, the purpose of declaratory relief is to, through the legal institution, clarify the legal status and right of the plaintiff. Even though it is preferable to have such elements clarified at the time of transaction of property or any right as to the property, the ground realities in India are far from ideal.

The case Naganna v Sivanappa[1] said that such a form of relief does not stop the plaintiff from seeking further legal recourse in other matters related to the property, in fact, it strengthens the plaintiff’s position as it solidifies the claim over such right/legal status. However, this section cannot be claimed for any and all forms of declaration but is limited to establishing the entitlement “to any legal character or to any right as to any property” of the plaintiff as clarified in Devkali v Kedar Nath[2].  

For a case to arise under section 34, a few elements have to be fulfilled. The statute states, “any person entitled to any legal character or to any right, may institute a suit against any person denying, or interested to deny, his title”. The plaintiff needs to have actual, not imaginary, claim over the status of the property, the burden of proof of which lies on him. Furthermore, there should have been a denial or an interest in denying such right or status on the part of the defendant. The burden of proof for this, again, lies on the plaintiff. For a cause of action to arise, the plaintiff needs to be aware of such denial or prospective denial, i.e. it should have been communicated to him. The plaintiff must be seeking a declaration as to the legal character or to the right as to any property from the court, and no alternative form of relief for the same should be available to him. These conditions were laid down in the Madhya Pradesh Hight Court case State of M.P. vs Khan Bahadur Bhiwandiwala and co.[3]

Understanding the Key Words of Section 34

There are some words used in the section so far that require further discussion as there definition and scope is unclear. Amongst these is “legal character”. When we read Salmond and Holland, we find that they give very similar definitions of a right and legal right. Both constitute an “interest recognized and protected by a rule”; the former being by the rule of right and the later by rule of law. The definition of “legal character” was extensively discussed by Mody, J. in Major General Shanta Shamsher Jung Bahadur Rana v Kamani Brothers[4] and he wrote that legal character was akin to legal status, which is recognized in legal jurisprudence. The legal character of a person is defined by the “peculiarity of the personality of the person of inherence and ownership of property or the absence of it is of no relevance”.[5] In simpler words, the legal character is the personality which is undetachable from the person itself, for instance, their gender, age, relationship in terms of another person and caste. This definition was arrived at by understanding the distinction between proprietary rights and personal rights. Proprietary rights consist solely of financial rights arising out of rights a person has over assets, finances, estate and so, while personal rights arise from their personal status as being part of a family, community, caste or religion. It is the latter that determines a person’s legal status.

Another term which needs to be looked at is, “to any right as to any property”. The Indian judiciary has made a distinction between right in property and right to property and for a declaration to be sought, the plaintiff does not need to prove right in property. Now, on reading part of the judgement Roshan Lal v Ramji Lal, we come to know of the importance of the words “as to any”, without which the section would state “to any right to any property”. The then Chief Justice, Sir John Beaumont made a distinction between right to any property and right as to any property, which essentially expands the scope of the statement. The right to the property entails that the plaintiff should have claim over ownership/possession of the property, however right as to any property simply requires the plaintiff to have any kind of right arising in the property – this may even be the right to attach the property. Simply, such a right should be enforceable by legal process against any property. This distinction laid down in Jamnabai v Dattatraya Ramchandra Gujarathi & ors[6] was reaffirmed two years later by Thomas, C.J. and Yorke, J in Mt. Askari Begam v Ballabh Das and anr[7].

Giving such a declaratory relief is absolutely dependent on the discretion of the court and it is not a right of the plaintiff to receive the same. Receiving such a declaration does not bar the plaintiff from seeking further reliefs, in other matters relating to the same property. However, if an alternative relief is available to the plaintiff in the matters governed by section 34 r/w S. 35, relief cannot be sought under the aforementioned sections.

Section 35 and its Purpose

When debate over declaratory relief, legal character and rights of plaintiff initially started, there was consideration for legal character to be defined in terms of it being in rem and not in personam. However, section 35 clarified the same by explicitly mentioning that only the parties to the suit, or persons claiming through such parties, are bound by the decision taken in the same. This is to say that declaratory relief is in personam and the right arises only against certain individuals, not against society in general. A declaratory suit can also be filed by a third person, in case the primary plaintiff has died.

Conclusion

Declaratory relief is a very essential tool which has been made available to the people. In India, we see hundreds of cases where people, both aware and unaware, are cheated out of their rights in the property. This provision acts as a last resort for such people to re-claim their interests and make use of their rights. It is not a very extensive or complicated provision and it plays a pivotal role in creating a base for further claims regarding such property. It plays a huge role when it comes to big corporates and their employees being denied benefits as well as when individuals enter into complicated legalese contracts regarding properties.

[1] 38 Mad. 1162

[2] I.L.R. 39 701 (1912)

[3] 1958 SCC OnLine Bom 63

[4] 1958 SCC OnLine Bom 63

[5] Mody, J ibid

[6] AIR 1936 Bom 160

[7] AIR 1938 Oudh 165

Latest Posts

Archives

Jacob Mathew v. State of Punjab, (2005) 6 SCC 1

Posted on

The case analysis is written by Preeti Bafna, a second-year student of Unitedworld School of Law, Karnavati University. In this case, the author briefly explained the case of Jacob Mathew v. State of Punjab.

INTRODUCTION

In a landmark judgment, the supreme court of India laid down guidelines in cases of alleged negligence against medical practitioners in India.  It clearly stated that there is a need for protecting doctors from frivolous or unjust prosecution The complainant’s elder brother, Vijay Sharma who was present in the room contacted the duty nurse, who in her turn called some doctor to attend to the patient. No doctor turned up for about 20 to 25 minutes. Then, Dr. Jacob Mathew, the appellant before us and Dr.Allen Joseph came to the room of the patient. Negligence or recklessness being ‘gross’ is not a requirement of Section 304A of IPC

Equivalent Citation

(2005) 6 SCC 1

Bench

Cji R.C. Lahoti, G.P. Mathur, P.K.Balasubramanyan

Date of Judgement:

5 August, 2005

Case Number

Appeal (crl.)  144-145 of 2004

Facts

Ashok Kumar Sharma, the respondent No. 2 herein filed a First Information Report with police station whereupon an offence under Section 304A read with section 34 of the Indian Penal Code (for short “the IPC”) was registered. The gist of the information is that on 15.2.1995, the informant’s father, late Jiwan Lal Sharma was admitted as a patient in a private ward of CMC Hospital, Ludhiana. On 22.2.1995 at about 11 p.m., Jiwan Lal felt difficulty in breathing. The complainant’s elder brother, Vijay Sharma who was present in the room contacted the duty nurse, who in her turn called some doctor to attend to the patient. No doctor turned up for about 20 to 25 minutes. Then, Dr. Jacob Mathew, the appellant in the case and Dr. Allen Joseph came to the room of the patient. An oxygen cylinder was brought and connected to the mouth of the patient but the breathing problem increased further. The patient tried to get up but the medical staff asked him to remain in the bed. The oxygen cylinder was found to be empty. There was no other gas cylinder available in the room. Vijay Sharma went to the adjoining room and brought a gas cylinder therefrom. However, there was no arrangement to make the gas cylinder functional and in-between 5 to 7 minutes were wasted. By this time, another doctor came who declared that the patient was dead. Thereafter, Judicial Magistrate First Class, Ludhiana framed charges under Section 304A, IPC against the two accused persons, both doctors. The appellant filed a petition in the High Court under section 482 of the Code of Criminal Procedure praying for quashing of the FIR and all the subsequent proceedings. The learned single Judge who heard the petition formed an opinion that a case for quashing the charge was not made out. Feeling aggrieved by the orders of High Court, the appellant approached the Supreme Court by Special Leave.

Issues Before the Court

1. Is there a difference in civil and criminal law on the concept of negligence; and

2. Whether a different standard is applicable for recording a finding of negligence when a professional, in particular, a doctor is to be held guilty of negligence?

Judgment

The Court at the very outset, in the light of present case, made a general observation that with the awareness in the society and the people in general gathering consciousness about their rights, actions for damages in tort are on the increase. Not only civil suits are filed, the availability of a forum for grievance redressal under the Consumer Protection Act, 1986 having jurisdiction to hear complaints against professionals for ‘deficiency in service’, which expression is very widely defined in the Act, has given rise to a large number of complaints against professionals, in particular against doctors, being filed by the persons feeling aggrieved. Criminal complaints are being filed against doctors alleging commission of offences punishable under Section 304A or Sections 336/337/338 of the IPC alleging rashness or negligence on the part of the doctors resulting in loss of life or injury (of varying degree) to the patient

  1. Negligence is the breach of a duty caused by omission to do something which a reasonable man guided by those considerations which ordinarily regulate the conduct of human affairs would do, or doing something which a prudent and reasonable man would not do. 
  2. Negligence in the context of medical profession necessarily calls for a treatment with a difference.
  3. A professional may be held liable for negligence on one of the two findings: either he was not possessed of the requisite skill which he professed to have possessed, or, he did not exercise, with reasonable competence in the given case, the skill which he did possess.
  4. The jurisprudential concept of negligence differs in civil and criminal law. What may be negligence in civil law may not necessarily be negligence in criminal law.
  5. The word ‘gross’ has not been used in Section 304A of IPC, yet it is settled that in criminal law negligence or recklessness, to be so held, must be of such a high degree as to be ‘gross’.
  6. To prosecute a medical professional for negligence under criminal law it must be shown that the accused did something or failed to do something which in the given facts and circumstances no medical professional in his ordinary senses and prudence would have done or failed to do.
  7. Res ipsa loquitur is only a rule of evidence and operates in the domain of civil law especially in cases of torts and helps in determining the onus of proof in actions relating to negligence.

Held

The Court in light of the above principles laid down certain guidelines that would govern the prosecution of doctors for offences of which criminal rashness or criminal negligence is an ingredient:

  1. A private complaint may not be entertained unless the complainant has produced prima facie evidence before the Court in the form of a credible opinion given by another competent doctor to support the charge of rashness or negligence on the part of the accused doctor.
  2.  The investigating officer should, before proceeding against the doctor accused of rash or negligent act or omission, obtain an independent and competent medical opinion preferably from a doctor in government service qualified in that branch of medical practice who can normally be expected to give an impartial and unbiased opinion applying Bolam’s test to the facts collected in the investigation.
  3. A doctor accused of rashness or negligence, may not be arrested in a routine manner (simply because a charge has been levelled against him). Unless his arrest is necessary for furthering the investigation or for collecting evidence or unless the investigation officer feels satisfied that the doctor proceeded against would not make himself available to face the prosecution unless arrested, the arrest may be withheld.

Latest Posts

Archives

Law of Torts and Environment

Posted on

This Article is Written by Akanksha Chowdhury from Amity University Kolkata. The Article talks about the Law of Torts and its relationship with Environment Law along with some important case laws which portray the relationship between them. 

INTRODUCTION

Tort law in India is a relatively new common law which was developed to codify statutes including the statutes governing damages.  Tort is actually a breach of some duty which is independent of a contract that has caused damage to the plaintiff giving rise to a certain civil cause of action. In the law of torts, there are two important terms that everyone should know – 

1.Injuria Sine Damno – It is a legal maxim which means any sort of injury or loss or damage which is caused to the plaintiff without any physical injury or damage. In Latin injuria means injury, sine means without and damno means property. There the meaning of the entire term is an injury suffered without any loss; under this maxim, the plaintiff does not have to prove the damages he suffered but only has to prove that some legal damage has been suffered by him. For example, if suppose Mr. X roams around the office of Y then there is a violation of the right of Mr. Y.

2. Damnum Sine Injuria – This maxim means injury without legal damages, under this maxim there is no legal damage but the plaintiff has suffered physical or property loss. The literal meaning of this maxim is that it is a sort of money, property or physical loss but no sort of violation of a legal right is present. 

Essential elements of the tort are 

  1. A wrongful act or omission must be present 
  2. There should be a duty imposed by law 
  3. The act should give rise to either legal or actual damage 
  1. A wrongful can either be morally wrong or legally wrong. Talking about the legal wrong it is defined as one which completely affects one’s legal right, the act wrongfully committed must be recognized by the law and also it must be violating the law. In order to be a legally wrongful act, a particular act which looks like prima facie might end up by violating someone’s legal right. In tort the liability arises when a wrongful act is complained about which leads to a violation of legal private right or violation of any legal duty. 

2. This means an amount of care which is entirely imposed on each and every individual and it also requires a reasonable standard of care so as to see being harmful towards other people. Therefore, the duty which is imposed by law is basically enforced legally in all Indian courts. 

3. The main meaning of legal damage is to injure someone badly; we have faced one point that we often confuse the words damage and damages. In actual sense damages mean compensation earned and damage mean actual loss or any injury to life or property.

Law of Torts and Environment

Tort law and environmental harms due to pollution are almost interrelated with each other so closely that even today in spite of huge development in law majority of cases come under –

Trespass, Nuisance, Strict Liability and Negligence. 

If we do a closer study of tort law, we can see how it has the potential to protect the environment –

1. Tort law comes into the picture whenever something goes worse, in cases related to the environment an environment damage has to take place. 

  1. It is more focused on cure rather than precaution 
  2. It is concerned mostly with reparation 
  3. In order to evaluate the potential of tort law regarding matters related to environment protection as a compensation we need to take care of not only the rules and principles according to which tort liability is imposed but also to the institutional structure through which these rules are given practical effect.

Cases

 MC Mehta vs Union of India 

Shriram Fertilizer Industry had engaged in the manufacture of a dangerous chemical which leaked from one of the units, from the heart of the country Delhi and had killed a lot of people. The leakage was caused due to the leaking of the tank, which contained oleum gas. It created fear among the residents because of the breakout of oleum gas through one of the pipes. On 6th December 1985 the Delhi Government ordered Shriram mills to stop producing harmful fertilizers and chemicals and to remove such chemicals from the city. After a few days MC Mehta had filed a petition in Delhi high court in order to file for compensation of the damage caused, the Supreme Court held that Shriram Mills was liable under the Delhi Municipal Act, which did not have any proper license for operations. However, since complete closure of the factory would result in unemployment of a lot of workers therefore an order was made saying that the factory could be opened but with certain restrictions. Also, it was directed that the industry should deposit rupees 20 lakhs and a bank guarantee of 15 lakhs for the payment of compensation to the victims.

Ram Baj Singh vs Babu Lal

In this particular case a person had built a brick grinding machine in front of the chamber of a doctor , he machine was generating a huge amount of dust and noise which was polluting the entire atmosphere as well as it entered the chamber of the doctor because of which he and his parents had to suffer a lot , the Allahabad High Court held that it amounted to private nuisance . Exposing a person to noise and dust is very dangerous, it is also a type of a noise nuisance which is government under law of torts, no person has the right to cause any sort of harm to other people.

Dilaware vs West Minister City Council 

In this particular case the respondent was the owner of a tree which was situated near a highway, the tree started causing cracks in the neighboring building. The owner of the building was entitled to get reasonable remedial expenditure with respect to the entire damage caused by trees. 

Naresh Dutt Tyagi vs State of UP 

In this particular case some chemical pesticides were stored in a go down located near a residential area, the fumes of the pesticides suddenly started leaking one day from the ventilator which caused the death of 3 children and an infant inside the womb of the mother. The owner of the go down was held liable and was directed to pay compensation to the victims.

Union Carbide Corporation vs Union of India

This case is popularly known as Bhopal Gas Tragedy case, in this particular case methyl isocyanate gas was gas exposed in the city of Bhopal by Union Carbide Limited on the night of 3rd December 1984. This dangerous gas exposed to over 5 lakh people and it made entry into the small towns located near the plants. The official death toll was 2,260. In the year 2008, the government of MP gave compensation to the family members of the victim who were killed and injured during the incident. The local government and the activists together filed a petition in the Supreme Court against Union Carbide Corporation, and after losing into the entire matter, the Supreme Court held that the owner of the UCIL and 7 Indian Nationals who were the part of it in 1984 were convicted in Bhopal for a period of 2 years and also had to pay a fine of 2000 dollars each. 

Conclusion

The powers and controls which are given to the PCB’s are not even sufficient in order to prevent pollution. The Boards do not have any sort of power in order to punish all the violators but they have a right to prosecute in the courts which might obviously defeat all the purpose and the objective of the Environmental Laws because of long term delays in order to decide the case. It is therefore really very necessary for the boards to get more powers to protect our environment. If the boards get some stricter laws, they can give their full devotion in order to have a cleaner and greener future. Along with environment law, there are some other important remedies given under the Law of Torts. 

Latest Posts

Archives

Guarantee under Contract Law

Posted on

This article is written by Nazar Nawaz Abbasi pursuing LLB from Faculty of Law, University of Delhi.

INTRODUCTION

GUARANTEE AS PER DEFINED IN INDIAN CONTRACT ACT,1872

Contract of Guarantee is defined in Indian Contract Act in Section 126 which says-A “contract of guarantee” is a contract to perform the promise or discharge the liability of a third person in case of his default. The person who gives the guarantee is called the surety,(a person who takes responsibility for another’s performance of an undertaking, for example, their appearing in court or paying a debt) the person in respect of whose default the guarantee is given is called the principal debtor, and the person to whom the guarantee is given is called the creditor. A guarantee may be in oral or written.

In Mathura Das v Secretary of State (AIR 1930 All 848) and in Nandlal Chanandas v Firm Kishinchand (AIR 1937 Sindh 50), it was observed by the SC that contract of guarantee can be created either by oral or by a written instrument and that it may be express or implied and may be inferred from the course of the conduct of the parties concerned. There is overwhelming evidence in this case that the second defendant had guaranteed the due performance of the contract by the first defendant, a principal debtor. Hence mere omission on his part to sign the agreement cannot absolve him from his liability as the guarantor.

Let us understand more.

WHAT GUARANTEE ACTUALLY MEAN

A guarantee is a promise to answer for the payment of some debt, or the performance of some duty, in case of the non-performance (failure) of another party, who is in the first moment is liable to such payment or performance. Security, in the form of a right of action against a third party, is known as a guarantee.

A guarantee is an associate contract by which the promisor undertakes to be answerable to the promisee for the debt, default or miscarriage of another person, whose primary liability to the promisee must exist or be contemplated. The words “debt, default or miscarriage” is descriptive of failure to perform legal obligations, existing or future, arising from any source, not only from contractual promises, but in any other factual situations capable of giving rise to legal obligations, such as those resulting from bailment, tort, or unsatisfied judgments. A letter of comfort is a recommendatory letter, and may not be a guarantee unless there is a specific undertaking to discharge liability in case of default.

A contract of guarantee is not a primary transaction but it is an independent transaction containing independent and reciprocal obligations. A contract of guarantee is a complete and separate contract by itself and enforcement as per its terms cannot be restrained by considering the terms of the underlying contract.

Lord Selborne observed that “there can be no surety-ship unless there be a principal debtor, who of course may be constituted in the course of the transaction by matters ex post facto, and need not be so at the time, but until there is a principal debtor there can be no surety-ship”. 

A guarantee is an undertaking to compensate (indemnify) if some other person does not fulfil his promise. The liability under a contract of guarantee is conditional on the default of the principal debtor, and hence does not amount to a “promise to pay”; and a guarantee would not attract the provisions of the Bengal Money Lenders Act. A contract of guarantee is not one uberrimae fidei, but a contract of strictissimi Juris.

The creditor’s rights under the contract of the guarantee are transferable. In an assignment of the reversion of a lease, the benefit of a covenant by a surety guaranteed performance by the tenant would also pass, even though the benefit of such a covenant is not expressly assigned. The liability of a surety cannot form the subject of trust. The legal representatives of a surety continue to be responsible (liable) for the amount to the creditor, after the death of the surety, but their liability is limited to the extent of the estate inherited by them from the surety. The question of whether the representatives hold any estate of the deceased, surety can be raised and decided in the very case in which the liability of the surety is in question.

Value of the Guarantee

A guarantee is the simplest form of banking security, more easily obtained than any other and yet frequently most difficult to aware. It is intangible security which may or may not be of adequate value when it is most needed. Some guarantors expect to be called upon to honour their contract and therefore it is imperative that the lending banker should exercise the greatest care in obtaining the guarantee and thereafter ensure that it is at all times worth what is required from it. The advice from experience is, perhaps, not to lend relying solely on a guarantee unless the bank is completely satisfied that the guarantor is really undoubted for the amount required and that he is unquestionable.

Liability

A ‘liability’ in Section 126 of the Indian Contract Act, 1872, means a liability which is enforceable by law, and if that liability doesn’t exist, there can’t be a contract of guarantee. A surety is not liable on a guarantee for payment of a debt which is a statute.

The SC in Chattanatha Karayalar v Central Bank of India Ltd laid down that if a transaction is contained in more than one document between the same parties, they must be read and interpreted together. Although a guarantor may together with the principal debtor in executing the promissory note he will not be a co obligant where the primary transaction and the conduct of the parties shows that he is a surety under Section 126 of the Contract Act,1872.

Essentials of a Guarantee

  1. Should be a valid Contract
  2. There must be a concurrence of three parties namely-the principal debtor, the creditor and surety.
  3. Contact of Guarantee be either written or oral.
  4. In a contract of Guarantee liability of the surety is secondary i.e., the creditor must proceed against the debtor and if the latter doesn’t perform his promise, then only he can proceed against the surety.
  5. The guarantee should not be obtained by misrepresenting the facts to the surety.
  6. The Creditor should disclose the surety the facts that are likely to affect the surety’s liability.

Latest Posts

Archives

Interns Roles and Responsibilities- Lexpeeps

Posted on

ABOUT US

Lexpeeps is totally dedicated to the legal fraternity where law professionals get an opportunity to flourish their career in a better way. Lexpeeps organises different events debates seminars of its own and also will organise the major law school activities on tie-ups with leading law school. Lexpeeps is not only limited up to managing the legal events but it also is providing internships to law students where the law professionals come in touch with each other and can grow by associating with the company.

ABOUT THE INTERNSHIP

Lexpeeps is hiring at different positions with minimum work and maximum benefits–

  1. Legal Content Creators
  2. Marketing
  3. Graphic Designer
  4. Search Engine Optimisation
  5. Video Editor
  6. Legal News
  7. Creative Content Creator

PERKS

•Letter of Recommendation
•Internship Certificate Valid Everywhere
•Discounts on Lexpeeps Exclusive Events

Feel free to mail: lexpeeps.in@gmail.com – Queries
Apply at –
Promotions@lexpeeps.in

INTERNS ROLES AND RESPONSIBILITIES

Legal Content Writers:

  1. Submit the daily Report to the concerned team head
  2. Prepare PPT’s on the legal topics.
  3. Write Legal Maxims with relevant case Laws
  4. Write a Legal Word, explaining its meaning and usage in Law

Marketing

  1. Sharing Lexpeeps contents on various social media handles and groups.
  2. Perform Market analysis and Research on Competition.
  3. Support the Marketing team in daily administrative tasks..

Graphic Designer

  1. Gather necessary details and materials to prepare for Lexpeeps upcoming events.
  2. Design layouts for lexpeeps social media posts.

Search Engine Optimization

  1. Research and prepare the list of topics widely searched on the Internet related to Law
  2. Prepare an SEO friendly structure on which articles are to be written.
  3. Prepare the list of keywords to be included
  4. Assist the team in writing SEO friendly content.
  5. Assist concerned team members in other day to day tasks

Video Editor

  1. Edit the videos provided by the Lexpeeps team.
  2. Look into the audio and video quality of the Videos.
  3. Writing voiceover/commentary wherever required.

Legal News

  1. Submit at least two Legal News daily
  2. Mention the news highlights of the news (in the form of pointers in the article itself)
  3. Write the legal aspects of the news
  4. Prepare 4-5 static/dynamic questions related to the News
  5. Research on the Judgments passed by the SC and HC and write a well-researched article on it.

Creative Content Writers (Memes)

  1. Look what’s in the most important in the Legal News
  2. Create Memes for Lexpeeps social media posts
  3. Work on brand new parodies

To apply Click the link provided below:

https://docs.google.com/forms/d/e/1FAIpQLSfuDZQg7MopdGjLSMlm-HTacJ7_XRZc8zKUwsW-K5PX5-gZ5w/viewform?usp=sf_link