Month: August 2020

Remedies in Tort Law

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The author Nadeem Siddiqui is a second-year student of B.L.S L.L.B from Government Law College. Mumbai.

INTRODUCTION

The action undertaken by a person to receive compensation or to punish the person who has violated his right is known as ‘legal remedy’. There are different types of legal remedies available. For example, you can get compensation for the damages suffered and the court can also punish the violator while asking them to pay the compensation. In Tort Law, the remedies or reliefs available to an aggrieved person are mainly of two types:

  1. Judicial Remedies
  2. Extra Judicial Remedies

Judicial Remedies

Judicial remedies are the reliefs provided by the courts to the person whose rights are violated.  Judicial Remedies are of three types:

  1. Damages
  2. Injunction 
  3. Specific Restitution of Property

Extra Judicial Remedies

Extra Judicial Remedies are the reliefs that a person can obtain by himself taking certain actions. Extra judicial remedies are of five types:

  1. Expulsion of Trespasser
  2. Re-entry on Land
  3. Recapture of Goods
  4. Abatement of Nuisance 
  5. Distress Damage Feasant 

To get a proper understanding of each of these remedies, we need to discuss them in detail. First, we will discuss the judicial remedies in detail followed by extra judicial remedies.

1. Damages

The basic idea behind the concept of damages is to recompense the aggrieved person so that some harm caused due to the violation of his/her rights could be rectified.

General and Special Damages:

Damages which the law presumes to be the natural consequence of the defendant’s acts are general damages, whereas damages the law will not presume/infer unless proved at the trial are special damages.

E.g. Medical expenses incurred by plaintiff due to defendant’s negligent driving will give rise to general damages, whereas if the plaintiff claims nervous shock, then he/she has to prove the claim in order to get special damages. 

Types of Damages
  1. Nominal Damages: Nominal damages are awarded by the Court to the plaintiff not as compensation but as a recognition of some legal rights of the plaintiff which the defendant has infringed. In other words, nominal damages are awarded when a person’s legal right is infringed but he/she has not suffered any damage. Nominal damages are available for torts which are actionable per se.

In Ashby v. White, a rightful voter’s right to vote was wrongfully denied at an election, he was awarded damages nominal in nature though the candidate in whose favour he wanted to cast his vote won the election.

  1. Contemptuous Damages: Contemptuous damages are an indication of the Court expressing an opinion on the claim of the plaintiff or showing its disapproval of plaintiff’s conduct in the matter and consequently the amount of money awarded as damages is quite low. They differ from nominal damages as they may be awarded for any tortious act whether actionable per se or not.
  2. Real or Substantial Damages: Damages which are assessed or awarded as compensation for the damage actually suffered by the plaintiff and not simply by way of mere recognition of violation of a legal right are called real or substantial damages.
  3. Exemplary or Punitive Damages: Exemplary damages are awarded when there has been great injury by reason of aggravating circumstances accompanying the wrong. Exemplary damages are awarded not by way of compensation for the plaintiff, but by way of punishment for the defendant. The intent here is to create an example for the public, as the name itself suggests.     

In Rookes b. Barnard, the Court laid down that three situations/cases in which exemplary or punitive damages can be awarded. They are as follows:

  1. Oppressive, arbitrary or unconstitutional action by servants of the Government.

E.g. In Bhim Singh v. State of J&K, Bhim Singh, an MLA of J&K was arrested when he was going to attend an assembly session. The Supreme Court considered it to be an appropriate case to award exemplary damages. 

  1. Cases where the defendant’s conduct has been calculated by him to make a profit for himself which may well exceed the compensation payable to the plaintiff.

E.g. In Manson v. Associated NewsPapers Ltd., the court held that if a person who is in possession of material which would be defamatory if published, and the person really believes it to be true and still decides to publish it simply because he/she can make a profit from publishing it and he reckons that any damage she might have to pay would be so small that it would be well worth it, then that is a person, and that is the only person, against whom an award of exemplary damages can be made.

  1. Where exemplary damages are expressly authorized by the statue.
  2. Prospective Damages: Damages which are likely to result from the wrongful act of the defendant but they have not actually resulted at the time when the damages are being decided by the Court.

In Subhas Chandra v. Ram Singh, appellant was hit by a bus driver. He suffered several injuries resulting in his permanent disability to walk without a surgical show. Because of his disability he could not take employment in certain avenues. The Motor Claims Tribunal awarded hi, compensation amounting to Rs. 3,000 under the heading ‘probable further loss’. The amount of compensation on appeal was increased to Rs. 7000 by the Delhi High Court.

2. Injunctions 

An injunction is an order of the court directing the doing of some act or restraining the commission or continuance of some act. Injunctions are classified in two ways:

  1. Mandatory Injunction:

If the injunction is an order to do an act, it is called a mandatory injunction. For example, an order to remove a structure illegally built by defendant on the plaintiff’s land, order to remove the obstruction violating plaintiff’s right to enter upon his own land.

  1. Prohibitory Injunction:

If the injunction is to forbear from doing an act, it is called a prohibitive injunction. For example, an order not to encroach upon the plaintiff’s property, order not to cause nuisance. It is also called a ‘preventive injunction’, ‘perpetual injunction’ or ‘prohibitory injunction’.

  1. Permanent or Perpetual Injunction:

If the court after going into the matter, finds that the plaintiff is entitled to the relief, the temporary injunction will be replaced by a perpetual/permanent injunction. A perpetual/permanent injunction is a final order and is issued after listening to both parties and after full consideration of the case.

When can perpetual or permanent injunction be granted ?

According to clause 3 of section 38 of the Specific Relief Act, the court may grant a perpetual injunction in the following cases:

  1. Where the defendant is the trustee of the property for the plaintiff;
  2. Where there is absence of an established norm for discerning the actual damage caused, or likely to be caused, by the invasion;
  3. Where the wrongful act is such that recompense in money would not afford sufficient relief;
  4. Where obtaining an injunction is indispensable to prevent a multiplicity of judicial proceedings.  

3. Temporary Injunction:

It is also called an ‘interlocutory injunction’ and is granted when the case is pending. Section 37 of the Specific Relief Act, 1963 defines temporary injunction as “A temporary injunction is such as to continue until a specified time, or until the further order of the court”. It does not mean determination in favour of either the plaintiff or the defendant but simply shows the concern of the court that there is a substantial question requiring consideration. It is granted to stop the suffering till the case is in the court. 

When can an injunction be refused or not cannot be granted ?

Section 41 of the specific relief act lays down the grounds when an injunction can be refused. As per the section, an injunction cannot be granted –

  1. To prevent any person form prosecuting a judicial proceeding pending at the institution of the suit in which the injunction is sought, unless such restraint is necessary to prevent a multiplicity of proceedings;
  2. To restraint any person from starting any proceeding in a court not subordinate to that form which the injunction is sought;
  3. To restraint any person form applying to any legislative body;
  4. To restraint any person form beginning a proceeding on criminal matter;
  5. To prevent the breach of a contract the execution of which would not be specifically enforced;
  6. To prevent an act which it is not reasonably clear that it will be a nuisance;
  7. To prevent a prolong breach in which the plaintiff has consented;
  8. When equally effective relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust;
  9. When the behaviour of the plaintiff or his agents has been such as to debar him from the help of the court;
  10. When the personal alleging the harm has no personal interest in the matter
  1. Specific Restitution of Property

When one is wrongfully dispossessed of his movable or immovable property, the court may order that the specific property should be restored back to the plaintiff.

E.g. Action for ejectment, the recovery of chattels by an action for detinue etc.

As per section 6 of the Specific Relief Act, 1963 a person who is wrongfully dispossessed of immovable property is entitled to recover the immovable property. 

As per section 7 of the Specific Relief Act, 1963 a person who is wrongfully dispossessed of movable property is entitled to recover the movable property.  

Extra Judicial Remedies

1. Expulsion of Trespasser

A person can resort to legitimate force in order to repel an intruder or trespasser provided the force used by him does not transgress the reasonable limits of the occasion i.e. he must not use disproportionate force.

In Scott v. Mathew Brown & Co., the Court held that the rightful owner of property is entitled to use force in ejecting a trespasser so long as he does him no personal injury.

In Edwick v. Hawles, the Court held that, while ejecting a trespasser, the rightful owner of property should not resort to violence.

2. Re-Entry on Land

A man wrongfully disposed of his land may retake its possession, if he can do so in a peaceful manner and without use of force. Section 6 of the Specific Relief Act, 1963 provides that if one in possession of immovable property is disposed of, otherwise than by due course of law, may, within six months, sue to recover possession without reference to any title set up by another, which is left to be determined in a separate action. 

3. Recapture of Goods

A person entitled to the immediate possession of chattels may recover them from any person who has been in actual possession and detain them, provided that such possession was wrongful in its inception.

4. Abatement of Nuisance 

Abatement means removal of the nuisance by the party injured. It is justiciable provided it must be peaceable, without damage to life or limb and after notice to remove the same, if it is necessary to enter another’s land to abate a nuisance, or where the nuisance is a dwelling house in actual occupation, unless it is unsafe to wait.

5. Distress Damage Feasant 

A person who is in possession of a land may impound a cattle/animal which is wrongfully on that land to secure the payment of compensation for damage caused by it.

The basic idea behind the concept of damages, as said initially, is to provide some monetary recompense for the violations suffered as the courts cannot undo an act. The courts have also recognised that it is not enough to reward some compensation for the violation of rights, it is also necessary to give people some power so that they can defend themselves hence the concept of extra-judicial remedies. These are the remedies available in Tort Law.

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Rylands v. Fletcher (1868)

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This article is written by Anushka Singh, a second-year student, pursuing BBA-LLB at Unitedworld School of Law, Karnavati University. This article analyses the case of Ryland v. Fletcher which established the rule of strict liability under tort law.

INTRODUCTION

The principle of strict liability was first established in this case. Rylands v. Fletcher is an English tort law case. Strict liability is a term used to describe liability which is imposed on the defendant without proof of fault on his part.

Equivalent Citation

 Rylands v. Fletcher (1868) LR 3 HL 330

Bench

House of Lords-

  • The Lord Chancellor (Lord Cairns) 
  • Lord Cranworth.

Decided on

17th July 1868- House of Lords

Relevant Act/ Section

To bring action under Tort law for strict liability, established under this case, the following elements should be there-

  • Accumulation of something that may cause mischief when released.
  • For personal use
  • Should de dangerous/ or cause mischief
  • Escape of the said thing
  • Non- natural use of one’s land
  • Foreseeability 

Brief Facts

In 1860, Ryland wanted a reservoir on his land, to supply his mill with water. He paid contractors (competent engineers) to build the reservoir, therefore not playing any active role in the construction. 

While building the reservoir, the contractors discovered old coal shafts and empty passages beneath the Rylands land adjoining Fletcher’s mine, which were filled loosely with debris and soil. Instead of blocking these shafts and passages, the contractors left them.

On 11th December 1860, after being filled with water for the first time, the reservoir burst and flooded the adjoining mines, the Red House Colliery. Causing damage to the mine in addition to Fletcher’s property. Fletcher bought a suit against Rylands on 4th November 1861.

Issue before the Court

  • Was the use of Defendants land unreasonable?
  • Should the Defendant be held liable for damages suffered by the Plaintiff?

Procedural History

In 1865, a trial Court decided in favour of defendants, stating that defendants were ignorant of the abandoned passages and mine shafts. Therefore, no negligence was committed by them.

In 1866, the Exchequers Chamber reversed the decision by lower court, J. Blackburn on behalf of the other five judges held that- when a person for his personal use, brings anything to his property that is most likely to cause mischief when escapes, must be kept at the owners peril and if it does escape and cause damage, the owner must be held liable.

However, the owner can take two defences stated as follows-

  • The thing escaped due to the act of plaintiff
  • Vis major

In 1868, the House of Lords in their judgement affirmed the decision of Exchequer Chamber, but Lord Cairns limited the scope of J. Blackburn’s statement by adding that this principle can only apply where the defendant is using his land for a non-natural purpose. Thereby shifting the emphasis from the flooding of mines to the decision of defendant to build a reservoir on land adjacent to coal mines. 

Decision of the Court

The House of Lords held in judgment, affirming the Exchequers Chambers decision, stating that the Defendant’s use of the land was unreasonable, resulted in harm to the Plaintiff and was engaged in without proper caution. Therefore, holding the Defendant liable for damages done to the plaintiff.

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Religionism Over Secularism

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This article is written by Tulip Das, currently pursuing BBA L.L.B(H) from Amity University Kolkata. In this article, the author aims to describe how the Ram Janmabhoomi Puja and alliance of BJP to Hinduism are leading the way to extinguish of secularism as a concept in India.

INTRODUCTION

A future historian might record the 5th day of August 2020 as the day in India when Secularism breathed its last breath. Despite secularism being one of the strongest pillars of the Indian Constitution, the concept always had to encounter threats, fights, and debates. A glimpse of India losing the concept of secularism was seen on the 5th of August 2020, not because of the Ram Janmabhoomi Puja conducted in Ayodhya but because the worship was backed by political influence. A political party presiding and influencing religious ceremonies is not a good practice in a secular state. However, it was not so unusual as far as India is concerned. 

The Ayodhya Dispute- A Brief History

The story of the second-longest proceedings in the Indian History in the matter of Ram Janmabhoomi – Babri Masjid land dispute case centred on the ownership of a plot of land in Ayodhya, Uttar Pradesh – had begun in 1949, two years after the Indian Independence and came to its end on the historic date of 9th day of November 2019. Starting as a typical land title dispute between two communities – Hindu and Muslims – it shaped itself as the most sensitive political, religious communal fights. The dispute revolves around the history and location of Babri Masjid at the concerned site, the fact of whether there is any Hindu temple that was demolished by Muslim invaders to create a mosque.

The legal and political drama that has been on for debate for more than six decades now turned as one of the worst incidents of inter-religious brutality in the history of India which is responsible for the lives of thousands. On 30th September 2010, Allahabad High court pronounced a verdict to divide the disputed land into the three parts which were stayed and overruled by the Supreme Court of India and then the constituted Five-judge bench headed by Chief Justice Ranjan Gogoi gave the final judgment on 9th November 2019 which vacated the previous decisions and ruled to hand over the territory in dispute to Hindus.

Why Is India’s Secularism Questioned?

The question of whether the Ram Janmabhoomi Puja and alliance of BJP to Hinduism will lead to secularity extinguishing in India is quite natural to arise especially after the Hindu-Muslim riots over the land and it finally going to the Hindus and BJP`s open support to Hinduism. The answer is also yes! The secular ideology was defeated in India because it failed to distinguish itself from knee-jerk pro-minority, even as it learned to turn a blind eye to minority communalism.

It wouldn’t have been such a big issue if the event was viewed just as a Prime Minister and other ministers attending a religious ceremony but, it was BJP attending a Hindu puja. This question arose because everyone will remember how the building of the temple was finalized. So, going back, it was neither a battle inside the courtrooms nor regarding elections, but it was a battle of ideas. Secularism has been defeated in the minds of Indian citizens. Politics in India is no longer secular anymore. If we just take few steps back, we will be able to see, India`s secularism has been questioned right from the scrapping of Article 370 to fights between India`s two major religions to the building of the temple today and with BJP, the ruling party which has openly shown their inclination towards Hinduism and Hindutva. India’s secularism is really in danger. 

Secularism or Pseudo-Secularism?

Today, our ruling party wants India to be a Hindu nationalist state which combines territorial unity with Hindutva rather than a secular unit. It became all the more eminent after the Ram Janmabhoomi Puja and the increased alliance of BJP to Hinduism. Although the Faridabad Court placed the site under the custodial responsibility of the state and the Additional Magistrate issued a preliminary order under Section 145 of the Code of Criminal Procedure to control the rising communal tensions, the so-called leaders and preachers of both the religions, refuse to abide by the same. A day after Prime Minister Narendra Modi performed Bhoomi Pujan for Ram temple at Ayodhya, a few Muslim leaders, claiming to be representatives of their community in India, has started a campaign against PM Modi’s participation in the historic ceremony for which the majority Hindus waited for several generations. 

Terming the Prime Minister’s participation as against the spirit of secularism enshrined in the Constitution, these hatemongers are trying to provoke people to spoil the peaceful atmosphere in the country when a temple of harmony is being built after a wait of 500 years. Thinking like a layman, it was a simple worship ceremony on the establishment of a temple attended by the Prime Minister and other ministers, however, looking back to the increased partial behaviour by the Modi-led BJP Government towards Hindu religion and Hindutva and their efforts to make India a fully Hindu nation, plus, negative acts and reaction of the so-called representatives of both Hindu and Muslim religions, forces even a layman to question India`s secularism. India is now more of a Pseudo-secular state.

Triumph of Majoritarianism

The landmark case M. Siddiq (D) Thr Lrs v. Mahant Suresh Das & Ors [Civil Appeal Nos 10866–10867 of 2010] popularly known as the Ayodhya title dispute is a historical, political, and socio-legal contention that is on fire for more than a century.

Today, as Prime Minister Narendra Modi and Uttar Pradesh Chief Minister Yogi Adityanath preside over the Ram Janmabhoomi puja at Ayodhya, the function marks the triumph of majoritarian politics. Yet, the future historian would remember that majoritarian politics began its triumphant journey way back in 1989. If there is something new here, it is the stamp of legality. Unlike 1949 or 1986, this time the deity would make a legal entry, certified by the Supreme Court of India, no less. Future historians would also underline the fact that a few months after passing that strange order, the Supreme Court had also refused to stay the Citizenship (Amendment) Act, 2019, which provided for the unequal treatment of future citizens on religious grounds. 

Today’s ceremony in Ayodhya is not a religious or sacred ritual. It is a purely political one, a ritual of conquest. The ceremony symbolizes the fusion of multiple forms of power: State power, the power of the dominant political party, the brute power of the majority community, the power of modern media, and the power of religious authority. The only thing missing so far was the wholesome participation of opposition parties. A feasible version of Hindu Rashtra, compatible with the fiction of a secular Constitution, has been inaugurated. 

Conclusion

Shockingly, we still have such communal riots as political infringements that are all set to divide our country in this 21st Century. It is not normal that people still fight over religionism. Although it sounds normal in India especially because here, we have politics playing a vital role in playing with the religious sentiments of people. Here, Politicians, Political parties, and the so-called religious representatives are spreading fake communalism in the name of nationalism. The reality is sad but true that India’s current situation has secularism only written in books. Until politics is withdrawn from religionism, secularism as a concept will never grow. It is very important to keep politics and religion separate. Only then India will stand for what she is known – Unity in Diversity. 

The views expressed in the article are the personal views of the author.

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Young Ignited Minds Foundation Workshop on Cyber Security: Aug 15-16

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Young Ignited Minds Foundation

Young Ignited Minds Foundation (YIMF) is a registered non-government entity operating on the NGO scale level. YIMF is an operational NGO, striving to plan and carry out boots-on-the-ground projects to accomplish our objectives. This requires a great deal of careful planning, communication, and local involvement for each project.

The composition of the organization mostly includes students who have come from different educational background varying from the law, engineering, medical to school students producing dynamic ideas for the effective management of our organization and serving to all the all the sections of our society.

About the Workshop

Young Ignited Minds Foundation (Academia) is organizing a workshop on Cyber Security.

Dr. Mahendra J Patel, CEO, Templesoft Solutions, would be the guest speaker for this session.

The session would be held on 15th and 16th of August 2020. Saturday and Sunday respectively.

Time: 2:00 PM

Registration fee: Rs. 100 per participant.

 Seats will be allotted on a first come first serve basis.

Perks

  • E-Certificates will be provided to the participants on paying of the prescribed fee.
  • Study Material for the webinar will be circulated.

Registration for the YIMF workshop can be made by clicking on this link.

For more information you can visit this website https://yimfindia.org/

VIRTUAL INTERNSHIP OPPORTUNITY AT THINK INDIA BIHAR

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Think India is a pan-India initiative to bring together the best minds of the country and to instil in them a ‘Nation First’ attitude. It is a forum of students, researchers, alumni and faculty members from the premier institutes like IITs, IIMs, NITs, NLUs and other such premier institutes in various fields of academia, across India.

Since its establishment, Think India has been carrying out various activities in different National Institutes around the country. These activities include talks by experts, seminars, workshops, essay, bill drafting competition, etc. Apart from such events, it also provides internships to students under VIDHI, NEETI, ANUBHOOTI, and SANSADIYA internship programs.

About the Internship

Think India Bihar invites scholars of UG/PG and research scholars from any field for a research-based internship. The students will be expected to prepare extensive and thorough reports relating to any of the following topics:

  1. Analysis of the Condition of Education in Bihar
  2. Critical Analysis of the Functioning of Health Sector in Bihar
  3. Impact of Modernism on Environment
  4. Opportunities through Skill Development in Bihar
  5. Role of Various Industries in the Development of Bihar
  6. Scope for Entrepreneurship in Agro Based Industries in Bihar
  7. Socio-Economic Condition of Bihar
  8. The Agonizing Situation of Migrant Workers and a Solution to their Problems
  9. The Condition of Employment in Bihar and Solutions to Improve it
  10. The Problem of Sanitation in Bihar and how can it be solved
  11. The Worsening Situation of Floods in Bihar and some Amicable Solutions
  12. Various Prospects for the Development of Tourism in Bihar
  13. Issues Related to Protection of Children
  14. Developmental Challenges and Poverty in Bihar
  15. A Gender Perspective on Inequality of Opportunities in Infrastructure Use and Education and Labour Market  Outcomes in Rural Bihar

Selected Interns are expected to work for a tenure of 21 days.

Students pursuing any UG/PG course or any researchers can apply for this internship.

Skills required

  1. The intern must have good listening, communication and analytical skills.
  2. The intern must have a flair for writing and basic research.
  3. The intern should be passionate and inquisitive about knowing current events.
  4. The intern must be able to work in MS Word, Excel and PowerPoint.

Assessments

  1. Interns will be expected to submit the research work assigned to them in a specified time-frame which shall be reviewed.
  2. Internship Performance of each Intern will be assessed on a weekly basis.

Interested candidates are required to fill out this form.

Last Date of Application: 20th August 2020.

This will be an online internship.

Perks

Interns will be expected to commit their time and hard work in order to achieve the best out of the internship. The interns are expected to work from home and shall receive a ‘Certificate of Internship’ on successful completion.

Contact:

7765876723;

9771907351; or

thinkindiabihar@gmail.com

Juriscriptor National Research Manuscript Writing Competition: La Senatus Scriptors

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La Senatus Scriptors

LSSLJ is an open access, standard peer-reviewed journal. This platform encourages expressionism from young minds. Research topics are not explored just by lawmakers but the society at large in this technologically-backed and ever-changing framework. 

The Juriscritpors crew of La Senatus Scriptors enthusiastically welcomes all the scriptors to its 3rd National Research Manuscript Competition, 2020. Submissions for Juriscriptor National Research Manuscript Writing Competition.

INSTRUCTIONS

  1. The manuscript should be in MS Word format.
  2. The title of the manuscript should be appropriate.
  3. The manuscript shall be original and unpublished.
  4. The submission should not be plagiarized, and must be free from grammatical, spelling and other errors.
  5. Full names of the author(s) must be given.
  6. 20th Edition of Blue-Book method must be followed for citation.
  7. The body of the manuscript shall be in Garamond, font size 12, Single line spacing. Footnotes should be in Garamond, size 10 single line spacing
  8. A margin of 4 centimeters shall be left on all sides of the paper.
  9. Table of Contents must be inserted , font – Garamond, size 10, italics, all capitalized.
  10. Page borders, footers, headers, watermark, or any identifications shall not be used.
  11. An abstract of not more than 300 words is mandatory.

Theme: Any appropriate theme related to socio-legal aspect is acceptable.

GUIDELINES

Title

[Garamond, 24 Points, Bold, All Caps, Centre Align]

Name of Author(s)

[Garamond, 18 Points, Italics, Centre Align, separated by an ampersand]

Abstract Text

[Garamond, 11 Points, Italics, Justify]

Introduction (Heading Level 1)

[Garamond, 18 Points, All Caps, Centre Align, Roman Numbers]

Heading Level 2

[Garamond, 16 Points, All Caps, Italics, Left Align, Letter numbering]

Heading level 3

[Garamond, 14 Points, Left Align, Numbers]

Text

[Garamond, 12 Points, Justify, Single Line Spacing, 1” indent on the first line]

Quotes

[Garamond, 12 Points, Justify, Single Line Spacing, 0.5” indents on both sides]

Footnotes

[Garamond, 10 Points, Justify, Single Line Spacing

Entry fee is Rs. 50/ Author. Kindly pay through bank or Tez and mail the screenshot of the receipt with the name of the author(s), Institution/Affiliation, the title of the Manuscript, contact information including mail ID and mobile number. The subject of the mail must be “Registration for 3rd JNRMC”.

“Submissions for 3rd JNRMC” should reach us on or before 31th Aug, 2020 via mail. All submissions must be directed to lasenatusscriptors@outlook.com

The subject of the mail for those submissions made for JNRMC “Submission for 3rd JNRMC”

WORD LIMIT

  1. Articles (3000-5000 words including footnotes)
  2. Short Notes (2000-3000 words including footnotes)
  3. Book Reviews (1000-2000 words including footnotes)
  4. Case Commentaries (1000-3000 words including footnotes)

All manuscripts submitted shall accompany the following:

  1. A cover letter with the Name(s) of the Author(s), Institution/Affiliation, the Title of the  Manuscript and Contact Information including mail ID and Mobile Number;
  2. An undertaking as to the work submitted is genuine and the author is the original owner of the work, and the same is not published anywhere before. The same must be furnished in a separate word document.

The said documents must also be mailed to lasenatusscriptors@outlook.com

For more information you can visit the website https://lasenatusscriptors.com/submissions-for-juriscriptor-national-research-manuscript-writing-competition/

13th National Article Writing Competition: THINK INDIA

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About Think India

Think India is a pan-India organization established with the aim to bring together the best talent of the country and to infuse in them a ‘Nation-First’ attitude. The organization seeks to develop a solution-based thinking and inspire young India to serve the society. It strives to promote social harmony, fulfil needs of India, support and motivate, activity in campuses, upliftment of rural India, support gender justice and support national interest. It also manifests progressive collaborations between the young, creative minds from national institutes like IITs, IIMs, NLUs and others.

About National Article Writing Competition

Think India National Article Writing Competition has been organized for past 12 editions successfully every month. It is one of Think India’s flagship initiatives to further its goal of infusing ‘Nation-First’ thinking in the young talent of this nation and enabling this talent to positively contribute towards the growth and development of India. More than 5,000 students, academicians and research scholars across the country have participated in the previous edition of the competition.

Call for Articles

Think India invites Articles from students/research scholars enrolled in any UG/PG/PhD course, academicians associated with any educational institution (University/College), and professionals across various fields in India.

Topics

  1. Shri Ram Mandir & the struggle for Cultural Identity
  2. Inter-state Police Cooperation: Issues & Challenges
  3. NASA’s Mars Mission
  4. NEP 2020: Transforming Education in India
  5. Pakistan’s ‘New’ Map: An Exercise in Absurdity
  6. Political Violence in Bengal
  7. Chinese Communist Party & Middle Kingdom Syndrome

Registration Fee: There is no fee required for registration or submission.

Submission Deadline: The deadline for submission is 25th August, 2020

Submission Guidelines

  1. The participants are required to register themselves and make their submissions on the URL https://bit.ly/13thAWC.
  2. The file must be in .doc/.docx format and the file size should not exceed 1 MB.
  3. Language of the Article may be either English or Hindi.
  4. Each submission must have its own Title on the basis of the topic selected.
  5. The body of the submission must be in the format as specified. [Font: Times New Roman, Size: 12, Line-Spacing: 1.5, Justified].
  6. Submission must contain footnotes, wherever required. All footnotes must be in the format as specified. [Font: Times New Roman, Size: 10, Line-Spacing: 1.0, Justified].
  7. The word limit for the articles is 1200-1500 words.
  8. An article can be co-authored by a maximum of two participants.
  9. The file name of the submission must be as follows: a. In case of Single Author – ‘<first name> <last name>’ e.g. Aditya Kashyap.docx b. In case of Co-authors – ‘<first name of Author 1> & < first name of Author 2>’ e.g, Aditya & Shiva.docx
  10. Submissions with a similarity percentage above 15 per cent will be automatically rejected and the respective participants would not be eligible for receiving e-certificates of participation.
  11. The last page of the submission must include the following information: a. Name of the Author(s) b. Name of the Institution
  12. All rights arising from the submissions made by the participants are automatically vested in Editor, Think India.
  13. Non-compliance with either of the guidelines mentioned above will result in immediate rejection of the submission. No queries in this regard shall be entertained.

Declaration of Results

Results shall be declared on social media platforms of Think India.
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Awards & Certificates

  1. E-certificates of participation will be provided to all the participants who make a valid submission in line with the Submission Guideline mentioned herein.
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Publication

Selected articles, as recommended by the Editorial Board, shall be published in a Book titled Vichar Manthan (August Edition) ISBN: 9798673209134

Contact Details

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For more information visit this website https://www.noticebard.com/wp-content/uploads/2020/08/13th-National-Article-Writing-Competition-by-Think-India.pdf

Webinar on Irretrievable breakdown of Marriage: Evolution in divorce laws by LicitElite

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About LicitElite

LicitElite, focuses on providing assistance to Law students in self grooming while acquiring better knowledge, by generating an exclusive learning platform through activities like law classes, blog writing, competitions etc. It also aims to connect with legal experts to design better learning opportunities.

Topic : Irretrievable breakdown of Marriage : Evolution in divorce laws

Highlights

• Irretrievable breakdown of Marriage
• Hindu Law on Divorce & The no-fault theory of Divorce
• Powers of the Apex court & observations/ suggestions of Law commission of India

Venue: Webinar Jam on 16th August 2020 from 5:00 pm Onwards

About the Speaker: Dr. Ashu Dhiman (Academician)

Registration Details: Registration for the Webinar is FREE.

Note: Certificates will be sent only to the registered participants who will fill out the feedback form at the end of the session.

How to apply

To apply click here: https://forms.gle/mqhpowTbMMWEJyAv5
or visit us at https://www.licitelite.com/upcoming-events

For any query:
Whatsapp us at +91 99710 87756
Email-id: admin@licitelite.com

Call for Legal Content- Maker at Test Your Prep

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Test Your Prep

Team- Test Your Prep is proud to announce that we are hiring eligible law students for the post of Content Creator (Legal). We hereby request you to post about this internship vacancy in your respective promotion channels.

Test Your Prep is a student-run Indian Educational website which aims at delivering quality content at very affordable prices. The courses included are Law, Management, General Studies and Humanities.

About Job Post

We expect the intern to do the following tasks:

  1. Legal drafting.
  2. Creating practice questions for the law.
  3. Compiling and editing work.
  4. Making Study Kit for aspirants.
  5. Analyse the pattern of competitive exams

Eligibility

Students enrolled in three or five-year law courses can apply.

Duration

1 Month

Vacancy

06 (Six)

How to Apply?

Fill this Google form :
https://forms.gle/DnRzp33zmqPfq1Dt6

For any queries feel free to contact us at:
E-mail: testyourprep@gmail.com
Ph No. – 9354450227

Perks

  1. Certificate of Experience shall be awarded to the concerned person.
  2. Opportunity to join as a core team member.
  3. Stipend depending upon the performance.

Coercive Interrogation: Is there a Right to Remain Silent

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This Article is Written by Manav Sony, a student at Amity University, Kolkata. The Article talks about coercive interrogation along with some important case laws which were decided under this head.

INTRODUCTION

Coercive Interrogation has become one of the top methods in order to seek information from the culprits. Thanks to various terrorist attacks because of which, this method of interrogation has raised a lot. Talking about the 9/11 attacks in the US, it has led to a stricter method of interrogation of the culprits by the police force so that they reveal the information as soon as possible and thus further investigation can take place as soon as possible. Earlier, Coercive Interrogation was used during any sort of philosophical disputes like finding the location of a Ticking Nuclear Bomb. Coercive interrogation means the application of force (physical or mental) in order to extract important information from the culprits and also to save other people from any crime or terrorism as soon as possible without any loss to humanity. Coercive interrogation has become a specie of torture in the world. It has led to immense cruelty and is prohibited by domestic and international law. This type of interrogation and torture hare totally overlapping conceptuality i.e. none of it is a proper relation or subpart of the other term. Mild Interrogation does not even lead to legal torture which requires some amount of severity or degree of torture which has to be met. There are different forms of tortures that are involved and they are not even considered as coercive interrogation. For example, if any torture is used as political intimidation or as oppression to others, for any sort of another purpose instead of taking information important to save the lives of the third party. In order to have a legalized interrogation, there are two important processes that the interrogators should always keep in mind before taking any step ahead. First of all, the interrogators should use a necessity defence which would actually give immunity to the government officials to use any force against the criminals in order to stop any crime and also to extract important information from them. The second thing which comes over here is that the interrogators can be at the mercy of political pressure and thus seek immunity to carry out the interrogation process without any pressure from other sources i.e. it will lead to proper protection for the interrogators to carry out the interrogation in a legalized way. Police are allowed to use force which is quite dangerous so as to stop the culprits from harming any other people and causing harm to the entire humanity. Killing someone is a very big and rigorous harm to dignity and against the rule of law. We will hear in some parts of the world that coercive interrogation is really very worse than killing someone, also there are some aspects in which it is felt that killing is really very worse than interrogating coercively to someone. This debate will keep on going but we need to understand one thing that we need to raise our voice when we feel something is actually wrong going on. In order to prevent the interrogators from killing innocent people, the governments have taken some steps by enacting some laws which can have some provisions of investigation and can also check about the identity of the culprit and the degree of force that he actually deserved in order to extract information. This will make them guilty if they use coercive interrogation only under bad faith. The main question which arises over here is that why is this system not used in coercive interrogation? 

How to Handle Police Harassment at our Country?

Talking about the steps, there are around eight important steps that have to be kept in mind really very properly and importantly so as to complain and raise your voice against the harassments that are caused by the police. The steps are enumerated as follows: –

  1. Never try to indulge in any sort of fight with the police. If you know that the police officer is wrong, talk to him normally and try to maintain a cool and calm attitude and raise your voice without any force or by raising hands.
  2. Whenever you have to take any victim to the police station in order to file a complaint, always try to take a lawyer with you.
  3. Whenever there is a need to file a complaint against any police officer, you should file a complaint at the Commissioner’s office in your city.
  4. If a police officer does not record your FIR, then you should file a complaint orally or send it through courier to the sub-magistrate’s office in your city. They will try to hear your problem and try to solve it as soon as possible irrespective of cognizable or non-cognizable offence.
  5. If the complaint filed by the sub-magistrate does not go into your favour, you should file your complaint to the magistrate. Then the magistrate will take your complaint to the police officer.
  6. If your police personnel try to call you all the time at the police station, always try going with your lawyer.
  7. A victim can always file a complaint with DCP if the police officer tried to be impolite with you
  8. Lastly, do not try to argue with any police officer unless and until you are a lawyer by profession.

Cases

A.N. Lalman Lal v. State of Tamil Nadu (AIR 2017)

In this particular case at the High Court of Madras, the single judge bench led by Honourable Justice M.S. Ramesh clearly stated regarding the petition that was filed under section 482 of the Code of Civil Procedure or CrPc that the harsh interrogation and cruelty did by the police should be stopped and petitioners should not at all be interrogated on the basis of getting information harshly unless and until they are big criminals committing a big crime which can lead to loss of humanity at large. The court also stated that the powers given to the interrogators are not at all restricted in terms of inquiry regarding any non-cognizable offense or cognizable offense which is actually needed to be checked irrespective of powers that are legally exercised a bit.

Niranjan Singh v. State of Uttar Pradesh (1957 AIR 142)

In this landmark case, the court had held that the investigation is not all an inquiry or any trial before the court of law and also due to the legislature which could not consider any inconsistency in any sort of investigation as any sort of ample importance to a thing so as to impair or form any sort of affiliation or in any sort of inquiry in the proceedings of the court trial. 

State of Bihar v. J.A.C. Saldanha (1980 AIR 326)

In this particular case, the court had held that there has to be a clear cut and separated purview of the activities in the fields of crime detection, punishing, and investing ahead regarding any sort of offense which is the field of reserved executively in the department of police.

Conclusion

Therefore, from the entire analysis, it is really very clear that no person is above the law, all the citizens are equal in the eyes of law. Not even the police, interrogators, and others are above the law. We need to understand that everyone has to be treated on an equal basis. Whenever people face any oppression, they have to keep in mind that there has to be aware of laws in their mind and they should take action whenever there is any oppression against them and consult a lawyer too so that the person affected can be given proper guidance by the lawyer without any sort of problem. Apart from all these provisions and tips, we should keep in mind that there is an article in the books of our constitution i.e. Article 226 through which we can file a writ petition in the High Court.

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