Advocate Anand Mishra is an Advocate on Record at Supreme Court of India. He is a member of Supreme Court Bar Association, Supreme Court Advocate on Record Association, Advocate on Roles of Bar Council of Delhi. He deals with Criminal, Civil and Corporate Litigations, Consultancy, Alternate Dispute Resolution and other auditing issues. He is also the proprietor of Devdutt consults.

In this Interview he discusses about:

His experience in the field of Litigation
strategies on clearing the AOR Examination
Impact of COVID-19 on the Legal System

You have a vast experience in the field of litigation, how would you describe your journey as a lawyer?

ANS: I did my LLB from, Campus Law Centre Delhi University and passed out in the year 2006. If I look at the past, the journey was clear to me from the first year of my LLB because I decided to move into litigation because that was the only option in the legal field which interested me and I wanted to pursue it. When I completed my LLB I joined a chamber to allow myself a vast experience in the District Court, High Courts, Tribunals and Supreme Court. In 2009 I decided to establish my own practice and so far, the journey has been a smooth one. As per me, law is a noble profession that gives space to every budding professional. I had initially thought of law to be a marathon where each person can take his sweet time and learn slowly, but once I established my practice, I realized it was a rat race to succeed. But such a race helps us compete with other sprinters/lawyers and enjoy the wonderful journey that supports such sprints in life.

As you are an advocate on record and many students aim to clear the examination of advocate on record, how difficult it is to clear the exam?

ANS: Firstly, I would like to state that no exam can be termed difficult or easy as according to me every exam is envisioned to discover certain patterns in an individual. The Advocate on Record exam, which is conducted by the Supreme court also examines this quality in prospective lawyers who will argue before the honourable court in the future. It aims to understand the competency of the people who have/will file cases in the future in the highest court authority of the country. Some of the main ingredients you need to learn to ace the exam is the Supreme Court rules, drafting and basic procedure of the court. I believe that 60-65 per cent of the preparation happens when you are in court and try to understand the nuances of the field. This may lead to several court attendances and a master course on drafting in your chamber. You must also develop a habit of reading about the duty and powers of the constitutional courts in India. If you understand what the examiner is looking for, you can ace the exam without any hurdles.

Does being an Advocate on Record impact your career in any way?

ANS: As far as creating an impact is concerned, I believe becoming an AOR let you argue in front of the highest court authority in the country. But more than that, as a lawyer you become responsible for filing your own Vakalatnama and can also appear in front of the Apex court without relying on some other AOR. This entail gives you the advantage of becoming part of the justice system and playing a key role in it. One of the biggest advantages is that, you can file cases in your name and I believe that justifies your career as a lawyer when the judge reads a draft and listens to arguments prepared solely by you.

What has been the most memorable case that you have handled so far?

ANS: I think that’s a great question to ask, but I believe any case you fight as a lawyer is memorable. In fact, I must recount an incident with my senior in the chamber I was working in, where one day he handed me a case and though I was reluctant to take it, fearing a loss he explained to me that law is not about winning or losing, as lawyers we are friends of the court who explain the procedure and law to judges for them to make a decision. What he tried to tell me was that as a lawyer it is our duty to assist the court in the best possible manner and not merely think about winning and losing.

Coming back to your question, when I started the independent practice, I handled a matter which involved section 138 of the Digital Instrumental Act before the District court. This case remains memorable for me, as it was one of the first cases I got as an Independent Advocate. Another memorable case I recall is that of Satvinder Singh which I argued in the honourable Supreme court. He was a ‘Jawan’ (defence force personal) who developed schizophrenia in the border area and was discharged from service. The tribunal and High court did not interfere with the decision of the Armed forces but in the Supreme court, it was held that the officer was entitled to a disability pension because the circumstances were caused due to aggravated problems in the border area which is one of the reasons to grant such pension. Another matter was that of a young man who passed away in an accident and the High court applied multiplier on the parents considering their age. The matter went before the apex court which held that, the age of deceased must be looked into when applying multipliers.

These are some of the memorable cases that come to mind now, but as I said before every case is memorable for me because in some or the other way in every case, I assisted the court to grant justice in the best possible manner.

Students of the law school are quite focused towards achieving good grades/results in their college life? Do you believe that good grades are important in the real world?

ANS: I think the first thing that is important to understand here is that, knowledge of law is extremely vital when you complete your education and skills are something that you will develop over the years. But, more importantly, if you are tasked with assisting the court you must possess the requisite knowledge to do so. To my young colleagues on this call, when you climb a mountain you only focus on taking the next step than eyeing directly for the peak. So, my young colleagues, you should finalise your steps in advance which makes the journey easier. For example, you should decide on what path you would like to pursue your legal journey after college, whether litigation or any other field must be your choice. But having said all of that never be let down if you don’t do well in your examination or anything else, but try hard to gain get good grades because grades are an indication of your ability to imbibe and understand what the law is.

In the wake of COVID-19, Courts have started functioning virtually, rather than traditionally. So, is this new concept of virtual Court a better alternative to the traditional Court?

ANS: Firstly, let us be clear, that we cannot compare both these courts. We must respect our institution for coming up with a virtual mode of learning so quickly in the times of the pandemic. I believe such pandemics don’t weaken the system, but expose existing weaknesses. But something that separates us from other systems, is our ability to adapt to a situation. We as lawyers have quickly adapted to a new mode of justice. I think it’s a good achievement, where our profession has become more technologically friendly and we are able to do many things since the geographical limitation has been removed. One of the most pertinent examples would be conducting this interview. I never thought, I would be using zoom for my interviews or meetings but the pandemic had led to the elimination of geographical boundaries and has given us an option of interacting on a virtual platform.

There are many graduates who passed out this year and there are many people who are quite young in the]is profession, so how far do you think COVID-19 has impacted the profession of young advocates?

ANS: To some extent, because our traditional mode of working got derailed, chambers were sealed for a certain period of time, so it has impacted young and even old lawyers in this field. I believe that in these circumstances if physical travelling is restricted you must focus on working through a virtual platform because such moments represent a challenge in life and we must be able to live up to such challenges and change ourselves to adapt to the way things will work in a COVID world from here on.

What are the things that a litigator should remember in his initial days of practice?

ANS: As a litigating lawyer I believe there are three duties which are extremely important to perform as any lawyer:

First and foremost a lawyer is the officer of the court and hence must focus on achieving justice and not merely taking up high profile cases and earning money.
A litigating lawyer also must be responsible for his fraternity and his bar.
The third and most important duty is to serve the client.

As a lawyer you are the foremost officer in the Court, your main duty is towards the Court but yes, you have a duty towards a client to represent his case, you have to maintain certain hierarchies and one thing, that law as a profession gives opportunity to every talent. I can say so, because I am myself a 1st generation lawyer and I’m not from Delhi. It will give opportunity to everyone in case you remain fair to this noble profession and you have the capacity to live like a hermit and work like a horse then I can say that sky is the limit.

Do participation in extracurricular activities like moots, seminars, paper presentations, etc, add something to the career or do they have any significant impact in the long run on someone’s career or does it leave certain kind of impression on the recruiters?

ANS: Look there are three things, first is knowledge, second is talent and third is attitude. I believe that knowledge is something you can gain from anywhere be it extracurriculars or studies. But I believe the other two qualities of talent and attitude only comes from such activities. Participating in activities like moot courts makes you a better and more confident orator and makes you realize certain inherent qualities of yours which you may not have known. I can’t answer the question as to whether such participation will impress the recruiter, because each individual has his own way of looking at potential employees. But one thing I can surely say which is that such activities will surely lead to a positive attitude in the future.

On a concluding note what will be your message to the budding lawyers?

ANS: My message will be that you are not joining an ordinary profession, you are joining a noble profession, a profession which has tradition and you have to carry forward this tradition. The soul aim should neither be to mint money and nor to gain fame, these are all by-products of hard work. You need to commit yourself towards the tradition of the bar, this is your primary duty and then all things will form. That’s my only suggestion for them.

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This article is written by Tulip Das, currently pursuing BBA L.L.B(H) from Amity University Kolkata.

INTRODUCTION

“To have once been a criminal is no disgrace.

To remain a criminal is a disgrace.”

~ Malcom X

Crime and criminals are indeed looked upon in society with greatest hatred. Nevertheless, it is our society that prepares the crime and the criminal commits the same. Criminal laws have been established to curb crime and criminals. Criminal law is a broad field consisting of three major principal acts. They are: –

The Indian Penal Code, 1860
The Indian Evidence Act, 1872
The Criminal Procedure Code, 1973.

The Indian Penal Code is a substantive law while the Indian Evidence Act and the Code of Criminal Procedure come under the ambit of procedural laws. Before we start our journey from investigation to trial, we must go through a few important definitions: –

Cognizable Offence – Cognizable offence means an offence in which a police officer has the authority to make an arrest without a warrant and to start an investigation with or without the permission of a court. The police can file a First Information Report (FIR) for cognizable offences only. In Cognizable cases, police can make the investigation without the prior permission of the Magistrate. Cognizable cases are more serious than the non-cognizable cases. Normally, serious offences are defined as cognizable and usually carry a sentence of 3 years or more.

Non-cognizable Offence – They are those categories of offences, which, as per Criminal Procedure Code (1973), the Police can neither register the FIR nor can investigate or effect arrest without the express permission or directions from the court of law are known as Non-cognizable offences. These include minor offences such as abusing one another, minor scuffles without injuries, intimidation, etc.

Once the type of offence has been acknowledged, the investigation process begins. The steps which take a case from investigation stage to trial are as follows: –

THE EVIDENCE PHASE – After the FIR has been filed by the police, the investigation begins. The investigation is done in order to gather evidence by: –

Gathering of proofs or collection of evidence
Statement of witnesses
Interrogation or cross-examination
Logical examination or scientific analysis

TYPES OF EVIDENCES

Recording of Statements under sector 161 of CrPC. Where an offence is submitted under area 354, 376, or 509 of the I.P.C, the announcement of the charge must be enrolled by the Magistrate under sector 164 of the CrPC.

Gathering of Evidence in the type of Documents and others.

Recording of admissions or articulations under area 164 Cr.PC before the Magistrate.

During this examination, the Police make captures and are proceeds with the generation of the accused before the Magistrate. The charged must be presented before the justice within 24 hours of capture by the Police.

After the accused is produced before the Magistrate, the following further processes begin.

REMAND OR BAIL

Whenever an accused is arrested for any offense and the police are unable to complete the investigation within 24 hours then such accused is produced before a magistrate, requesting an extension of custody. The magistrate can grant police custody to the accused which shall not exceed more than 15 days in the entire considering of the application. However, if the magistrate does not seem to be convinced, then the accused is taken to magisterial custody. However, the magistrate under section 167 (2) (a) of the Criminal Procedure Code, may authorize the detention of the accused person. Otherwise, if he is satisfied that adequate grounds exist in doing so, he is kept in the custody of police for a period of beyond fifteen days. However, no magistrate shall authorize custody for more than: –

Ninety days, where the examination of an offence is culpable with death, detainment for a long time or detainment for a term at the very least ten years.

Sixty days, in case of examination of some other offence.

On the expiry of the 90 days or 60 days, the denounced can be allowed safeguard by applying for an award of safeguard, inside the arrangements of section 436, 436, and 439 of CrPC.

FINAL REPORT (Section 173)

The police, after finishing the examination need to document the final report under Section 173 of the Criminal Procedure Code. This marks the end of the examination and the proof gathered by the investigating team. If the evidence collected against the accused is insufficient then the police may file a report under Section 169 of the Criminal Procedure Code and release the accused on executing a bond and undertaking for appearing the Magistrate empowered to take cognizance. The last report will of 2 types.

Conclusion Report.
Charge sheet/Final report

A CLOSURE REPORT

A closure report or a conclusion report is filed when the police possess no evidence to prove that the alleged crime has been committed by an accused. After the closure report is filed the magistrate has the following four options: –

Accept the report and close the case.
Direct the police investigating team to investigate the matter further if he/ she thinks that there are still some loopholes in the investigation.
Issue a notice as he is the only person who can challenge the concluding report.
Might reject the closure report and take cognizance under Section 190 of the Criminal Procedure Code and Section 204 of the Criminal Procedure Code issue summons to the accused and direct his appearance to the magistrate.

CHARGE SHEET OR THE FINAL REPORT

A charge sheet incorporates the elements of the offense committed in a prescribed form, the complete investigation report of the Police authorities, and the charges slapped against the accused. It includes briefed facts, all statements recorded under section 161, 164 of the Criminal Procedure Code, a copy of the FIR, a list of witnesses, a list of seizures, and other documental evidence. According to Chapter 6 of the Criminal Procedure Code, on the filing of the charge sheet, the accused may be issued a summons by the magistrate to appear before him on a given date. On the filing of the charge sheet, the Magistrate takes cognizance of the matter under Section 190 of the Criminal Procedure Code. The court, if it deems fit, can reject the charge sheet and discharge the accused or can accept it and frame the charges and, post the case for trial.

BEGINNING OF THE TRIAL PROCESS

Here, the journey continues inside the courtroom. If the accused pleads guilty, he is convicted. If the accused pleads not guilty, the trial process begins.

Opening of the Case: The case is opened in the court of law by the Prosecutor, who clarifies the court about the charges put on the accused in the charge sheet. However, the accused can anytime record an application under Section 227 of the Criminal Procedure Code 1973 for releasing him for the changes provided that the charges against him are false and are not solid or adequate to continue against him in the preliminary.

Evidence Presented by the Prosecution: Witnesses from both sides are analyzed. The phases of proof include Examination of Chief, Cross-Examination, and Re-examination. To prove the guilt of the accused, the prosecution is required to produce evidence before the Court. The proof or evidence must be backed by the witnesses’ statement. This procedure is known as “examination in boss”. The magistrate has the power to issue summons to any individual as a witness or request him to produce a document before the Court. Sections of the Criminal Procedure Code 1973 applicable here are:

Section 233- Session trial

Section 242- Warrant trial

Section 254- Summons trial

Statement of the Accused: After the evidence produced by the Prosecution, the statement of the accused is recorded under Section 313 for the CrPC. An oath is not considered during the recording of any statement. The accused at that point says his or her realities and conditions of the case. Anything recorded during this process can be utilized against that person at any later stage.

Witness of the Defense: The defense, after the statement of the accused, produces oral and narrative evidence. This is under Section 233 for sessions trial, Section 243 for warrant trial, Section 254 (2) for the request of summons trial. In India, the defense is usually not required to give any proof as the burden of proof is on the Prosecution.

The Final Arguments: The last arguments are presented by the Public Prosecutor and the defense counsel. As indicated in Section 314 of the Criminal Procedure Code, any party to any proceeding may, soon after the end of his evidence, address concise oral arguments, and may, before he finishes up the oral contentions, if any, submit a memorandum to the Court presenting succinctly and under distinct headings, the arguments in support of his case. Every such jotting will form a part of the record. A copy of every such jotting shall be provided to the contrary party.

The Judgement: After hearing all the arguments, the judge decides whether to convict the accused or acquit him. This is known as judgment. This also Incorporates session trial contained in Section 235, warrant trial in Section 248, and summon trial under Section 255 of the CrPC. If the accused is convicted, then both sides present their arguments on the punishment. This is usually done if the punishment is life imprisonment or capital punishment.

After hearing the arguments from both sides, the court finally decides what should be the punishment for the accused. Various theories of punishment are considered such as the reformative theory of punishment and the deterrent theory of punishment. The age, background, and history of the accused also kept in mind while giving the judgment.

CONCLUSION

I would like to conclude by saying that crime never pays. The journey from investigation to trial is not a bed of roses. Many individuals including the Police officials, the lawyers, and the judges have a vital role to play at every stage. From investigation to the gathering of evidence to the trial, all play their roles appropriately, bravely as well as being fair and honest. When law and order start working hand-in-hand, crime and criminals very soon be wiped out of the society. We must always keep in mind that punishment is the last and the least effective instrument given to curb crime and criminals. We must make efforts to reduce crime rates and make the world a better place.

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Article Submission

We invite submissions from members of the bar, legal professionals, law students, or others who are interested in publishing with us and wish to further legal discourse.

Ex Gratia Law Journal – Volume 1 Issue 2 to be published on October 1.

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The Chair on Consumer Law and Practice, National Law School of India University, Bangalore is organising a National Webinar Series on the Consumer Protection Act, 2019 Rules and Regulations.

THE WEBINAR

The Consumer Protection Act, 2019, came into force on 20th & 24th July, 2020 (two different dates for different sets of provisions of the Act) replacing the 33 year old Consumer Protection Act. 1986. The new Act strengthened the legal and policy framework towards achieving the avowed object of better protection of Consumer in India.

This webinar series will address analysis of CPA, 2019, Rules and Regulations specifically concentrating on New Chapters like Central Consumer Protection Authority, Mediation, Product Liability & provision relating to E-commerce and Misleading Advertisements. The webinar series will also analyse comparison between CPA 2019 and CPA 1986 Act.

WHO CAN PARTICIPATE?

The webinar series is open to Consumer Activists, NGOs, Academicians, Practitioners, Researchers, Government officials, Members of Regulatory Authorities, Students and all those who are interested in consumer welfare.

E-Certificate will be awarded to the registered participants who attend all the sessions of the 6 Days National Webinar through zoom platform and submit feedback form provided on the concluding day of the programme.

WEBINAR DETAILS:

Webinar: 21st – 26th August, 2020 (4 p.m. to 5.30 p.m.)

Platform: ZOOM (Register to receive meeting Details)

Last date of Registration: 20th August, 2020 before 5 p.m.

Registration Fee: Free

Note: The non-registered participants may also view through Facebook Page & Youtube.

Registration Link: https://forms.gle/X4ax5pbTsAdufjk8A

To view the list of panel speakers, click here: Brochure

ABOUT THE CHAIR ON CONSUMER LAW AND PRACTICE (CLAP):

In the Indian history for the first time the Chair on Consumer Law and Practice (CLAP) has been established in August 2008, by the Ministry of Consumer Affairs, Food & Public Distribution Department of Consumer Affairs, Government of India, New Delhi at National Law School of India University, Bangalore to promote research, teaching and training in Consumer Law and Practice. The Chair on Consumer Law and Practice is acting as a “Think Thank” for the Research and Policy related issues on Consumer Law and Practice. The Chair has also developed curriculum on Consumer Welfare Laws as a distinct subject of study both at Under Graduate & Post Graduate levels and is imparting to the students in law at NLSIU. The Chair has organised various seminars, workshops and training programs to Advocates, NGO’s, Government officers, Academicians etc., to bring awareness on consumer protection laws. This webinar series is a step towards accomplishing the aim of this initiative.

ORGANISING COMMITTEE:

Prof. Dr. Ashok R Patil

Chair Professor

Chair on Consumer Law and Practice,

National law School of India University, Bangalore

Mr. Akshay Baburao Yadav

Teaching Associate

National Law School of India University, Bangalore

CONTACT DETAILS:

Contact Chair on Consumer Law and Practice, National Law School of India University Bangalore via email: consumerlaw@nls.ac.in or mob: +918722522886

For more information visit this website https://www.nls.ac.in/news-events/national-webinar-series-the-consumer-protection-act-2019-rules-and-regulations/

ABOUT LAW AUDIENCE:

Law Audience® is an online legal platform which is aimed at spreading the legal education and other opportunities related to the field of law among the legal audience as much as possible. It was introduced on the 25th of June 2018. It is a ‘Dream Project’ of Mr. Varun Kumar (Founder-CEO-Editor-In-Chief-Publisher). The main motive of this platform is to set new trends in the field of legal education by organising various Seminars, Online Competitions, Conferences, Workshops, Call for Papers, Online Webinars and Online Quizzes. In order to promote the legal research work among the legal fraternity, Law Audience introduced an online law journal titled as Law Audience Journal (ISSN (O): 2581- 6705), an ISSN number was assigned to the journal on the 16th of October 2018 and the journal published its 1st Issue in the month of August 2018.

ABOUT THEME:

“Mistakes To Be Avoided When You are practicing as an advocate?”

ABOUT SPEAKER:

Advocate Haresh A. Raichura, Supreme Court of India, New Delhi:

In 1982, while practicing in District Court Junagadh, he was standing before a cupboard in library and he was reading a Justice P N Bhagwati Judgement. Just then an idea came. If he works hard in district court, his work can benefit only one or two persons. But if he works hard in Supreme Court, it can benefit thousands of litigants. This is how a dream began. In 1990, after 8 years, he was practising in Supreme Court.

ABOUT WEBINAR:

The following sub-topics may be discussed during the webinar session namely:

When you hurt one judge, you hurt all the judges of that court.
When you try to mislead one judge, all other judges of that court will also learn about your attempt to mislead that judge.

When you take case of a near relative, you will lose objectivity while arguing and you will also lose respects of the judges.
If the judge shouts at you during argument, he is actually shouting at your clients and is trying to send a message to your clients. So do not shout back at the Judge.
Be very careful while arguing against very famous senior advocates who may have a clout over the system and who may be in good books of judges.
Do not aim to become a top lawyer in short time. Do not try shortcut of filing PILs to get fame. Fame is not a real thing.
Beware when opposite counsel suddenly start behaving as if he may have been your old friend. He may be in process of destroying your reputation and integrity.
Do not take brief of a client who is too big for you. You may not be able to handle him if you loose his case.
Avoid clients who want to bribe the judges through you. At such time think about long term damages your reputation may suffer.
Keep a safe distance from all your clients, whether civil or criminal.

And the speaker may discuss other sub-topics also learned from his experiences.

ELIGIBILITY:

It shall be an online event;
It is open for Students, Lawyers, Research Scholars, Teachers, Judges, Professionals and Academicians or for anyone who is interested in topic of the Webinar;

TIMINGS & DATE:

Date: 23^rd August 2020; Timings: 3:00 PM to 4:00 PM;

VENUES:

Zoom

Live-Streaming on YouTube Channel;

Subscribe to our YouTube Channel & Press the bell icon button to receive notifications: https://www.youtube.com/lawaudience

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The meeting link will be provided directly in the WhatsApp Group before 10 Minutes. You must join the WhatsApp Group to receive the meeting link. After filling up the registration form you’ll be added in the WhatsApp Group before 23^rd of August 2020 (you’ll receive an Invitation link to join the WhatsApp Group on your email ID. You are requested not to share this link with anyone. Keep checking your email inbox including the Spam Folder). The Zoom Meeting link maybe sent on email Ids also. So please make sure that you mention your correct email id on the Registration Form.

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To receive the instant notification about the live session, you can subscribe to our YouTube channel and also press the bell icon button otherwise we’ll send the link of YouTube live-streaming after 10 minutes, i.e., 3:10 PM, in the WhatsApp Group. After filling up the registration form you’ll be added in the WhatsApp Group before 23^rd of August 2020 (you’ll receive an Invitation link to join the WhatsApp Group on your email ID. You are requested not to share this link with anyone. Keep checking your email inbox including the Spam Folder).

If we face any technical/internet/ error during the YouTube Live Streaming then in that case we’ll stream it live on our Facebook Page (www.facebook.com/lawaudience) and will send the streaming link the YouTube WhatsApp Group.

REGISTRATION FEE:

NIL. There are no registration charges. Anyone can join the webinar free of cost.

E-CERTIFICATE FEE:

100 Rs. If you want to claim an e-certificate of participation then you have to pay nominal charges, i.e., 100 Rupees only. You have to upload a screen-shot of payment while filling up the registration form. E-certificate of participation will be emailed within 48 hours after the end of the Webinar Session.

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You can pay using:

GooglePay: 8351033361 or

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UPI ID: varunjaswal.jaswal66@oksbi; or

Bank Account Details:

Account Holder Name: Mr. Varun Kumar, Bank Name: State Bank of India (SBI), Account No: 35216614509,

IFSC Code: SBIN0002343,

ATTENDANCE:

Attendance for Zoom Meeting:

No separate link will be provided in the Zoom Meeting for the purpose of marking attendance of participants(s). The attendance report of all the participants will be auto generated in the Zoom account of the Host. You just have to join the Zoom Meeting from

the same name as mentioned on the Registration Form. If your name on Zoom Account is something else then re-name it before joining the Zoom Meeting.

Attendance for YouTube Live-Streaming:

For the purpose of marking attendance participants have to comment his/her full name and email id in the comment box of the YouTube Live-Streaming Video.

THE REGISTRATION LINK FOR ZOOM:

Participants can register for this webinar session only through Google Form. No other mode of registration is acceptable. The registration link will be closed at 09:30 AM on 23^rd of August 2020 or earlier. (If we receive cross the maximum participants allowed limit. In that case you can fill up the YouTube Registration Form).

LINK (To access the registration from you have to login with your Gmail ID or Google Account): https://forms.gle/mMWm3rm4wm69tYAx9

Note: If any participant who has registered for the Zoom Meeting doesn’t join the meeting

on time then in that case we’ll send the Zoom Meeting link in the YouTube WhatsApp Group also.

THE REGISTRATION LINK FOR YOUTUBE LIVE-STREAMING:

If you don’t want to join the session on Zoom or the Zoom registration form is closed then you can register for the YouTube Live-Streaming. The registration link will be closed at 09:30 AM on 23^rd of August 2020.

LINK: (To access the registration from you have to login with your Gmail ID or Google Account): https://forms.gle/S5SjhUKcfTdx8PTS6

Note: If any participant who has registered for the Zoom Meeting doesn’t join the meeting

on time then in that case we’ll send the Zoom Meeting link in the YouTube WhatsApp Group also.

REQUIREMENTS TO JOIN THE WEBINAR:

Laptop/Mobile/Personal Computer (PC or Desktop);
High Speed Internet Connection;
Follow us on YouTube, Facebook and Instagram;
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The webinar will be conducted with proper safeguards from our side;
All the registered participants will receive the Zoom Meeting link in the WhatsApp Group before 10 Minutes, i.e., 2:50 PM on 23^rd of August 2020. After receiving the Meeting Link click on that link and wait in the Waiting Room for 10 minutes. We’ll admit all the participants in the Meeting exactly at 3:00 PM. And if you are registered for YouTube Live Streaming then you’ll receive the Live Streaming Link after 10 minutes, i.e., 3:10 PM, in the YouTube Live Streaming WhatsApp Group.
The meeting maybe locked at 3:30 PM and no one will be allowed to join the zoom meeting after 3:30 PM. If you fail to join the meeting within the given time limit then it’s your fault not ours. No query regarding the same will be entertained. In that case, we suggest you to watch it live on our YouTube Channel.
While joining the Zoom Meeting you must enter the same name as mentioned in the Registration form otherwise you’ll be removed from the meeting. If your name on the Zoom Account is something else then re-name it before joining the meeting.
The participants are requested to maintain the dignity of the webinar session;
The participants will be muted upon entry;

The video of all the participants will be turned off upon entry but participants can change this during the meeting.
If you choose to turn on your video during the meeting then make sure that you behave in good manner. You must be seated in good posture & must be well dressed. If we found you sitting in an inappropriate manner such as lying on bed etc, then we’ll remove you from the meeting immediately and will report to Zoom also.
At the end of the webinar you can ask your questions by commenting in the Chat Box or by using raise your hand option from the Zoom Application itself. If you raise your hand then we’ll unmute to ask your question. If you are watching it live on our YouTube Channel then you can post your questions in the Comment Box of the Live Video.
If you misbehave during the meeting with the Speaker or Host or with any attendee then strict action will be taken against you as per the law for the time being in force.
The Webinar Session will be recorded also.
We advise you that for better experience you can download the Zoom and set up it in your phone and computer in advance.
Law Audience reserves all the rights relating to postponement, preponement and cancellation of the Webinar Session due to any circumstance or issue.
If there’s any amendment in T&C of the Webinar Session then we’ll inform you in advance.

OFFICIAL NOTIFICATION:

https://www.lawaudience.com/webinar-on-mistakes-to-be-avoided-when-you-are- practicing-as-an-advocate/

CONTACT DETAILS:

Contact Person Name: Mr. Varun Kumar, Founder-Chief Executive Officer, Law Audience.

Contact No: +91-8351033361.

Email ID: Info@lawaudience.com, ceo@lawaudience.com.

Contact Timings: 5:00 Pm To 9:00 Pm. Official Website: www.lawaudience.com.

For more information visit here https://www.lawctopus.com/wp-content/uploads/2020/08/Law-Audience%E2%80%99s-Webinar-on-Mistakes-To-Be-Avoided-When-You-are-practicing-as-an-advocate.pdf

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 Rustom K. Karanjia v. KMD Thackersey (1970), a case of libel (defamation).

INTRODUCTION

This is a case of defamation under tort law. The plaintiff, a businessman alleged that the article published by the defendants has caused harm to his reputation. Here, defendant no. 1 is the editor of the weekly newspaper ‘Blitz’. Defendant no. 2 is a Private Limited Company that owns the newspaper. Defendant no. 3 is the printer of that issue of Blitz and defendant no. 4 is a joint tort-feasor, who was subsequently joined to the suit as it was by his agreement that the article was published.

Case Number

Appeal No. 20 of 1965 and Suit No. 319 of 1960

Equivalent Citation

Rustom K. Kranjia v. KMD Thakersey AIR 1970 Bom 424

Bench

High Court of Bombay-

Justice D.G. Palekar and Justice V.D Tulzapurkar

Decided on

Decided on 22^nd July 1969

Relevant Act/ Section

Libel- under Tort of Defamation

Brief Facts

Khrishnaraj Thackersey, a prominent businessman and industrialist of Bombay alleges to have been defamed in his reputation, character and credit by Rustom Karanjia (Journalist) who wrote an article in the weekly issue of the newspaper ‘Blitz’ on 24^th September, 1960.

It was further claimed by the plaintiff that the defendant wrote this article with intention of malicious harm towards him and achieved so by publishing false statements. This matter was first heard in a trial court, where the decision was held in favour of the plaintiff. However, the defendants took this matter further, to the Bombay High Court.

Issue Before the Court

Can the defence of qualified privilege be applied in this case?
Amount damages are unfair and unreasonable.

Procedural History

This matter was first taken to the Trial Court, where the learned Judge ruled in favour of the plaintiff and denied all the defences of the defendant, in addition, he decreed a full claim of damages of Rs. 3,00,000 along with an injunction.

An appeal was further filed by the defendants in the Bombay High Court. The High Court affirmed the decision of the Trial Court, saying the article was in malice but also partially allowed the appeal by lowering the amount of damages from Rs. 3,00,000 to Rs. 1,50,000.

Decision of the Court

The Court held that the appeal is partially allowed. The decree given by the trial court was confirmed by the Bombay HC, it was passed against defendants 1, 2 and 4. However, a modification to the amount to be paid as damages was made; the amount of 3 lakhs was agreed by the Trial Court which the HC reduced to 1.5 lakhs.

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This article is written by Aashika Aggarwal pursuing BBA LLB (H) from Amity University, Gurgaon.

INTRODUCTION

The consumer protection bill, 2019 was introduced in the Lok Sabha on 8 July 2019 by the Minister of Consumer Affairs and food and public distribution. The consumer protection act has made it mandatory for every e-commerce entity to display the country of origin. It was introduced by Ram Vilas Palawan.

First of all, the consumer is a person or a group of people, such as a household, who are the final users of products and services. A consumer is a person or a group who intends to order or uses purchased goods, or services primarily for personal, social, family, household and similar needs, not directly related to entrepreneurial or business activities. A consumer is one that buys goods for consumption and not for resale or commercial purposes. The consumer is an individual who pays some amount of money for the thing required to consume goods and services. Without consumer demand, producers would lack one of the key motivations to produce to sell to customers. The consumer also forms part of the chain of distribution.

Rights of Consumer

There are some consumer rights and they are as follows under:-

•THE RIGHT TO SAFETY: this right says that to be protected against the marketing of goods which are hazardous to life and health.

•THE RIGHT TO BE INFORMED: this right says that to be protected against fraudulent, deceitful, or grossly misleading information, advertising, labelling, or other practices, and to be given the facts he needs to make an informed choice.

•THE RIGHT TO CHOOSE: this right says that to be assured wherever possible, access to a variety of products and services at competitive prices, and in those industries in which competition is not workable and government regulation is substituted, an assurance of satisfactory quality and services at fair prices.

• THE RIGHT TO BE HEARD: this right says that to be assured that consumer interests will receive full and sympathetic consideration in the formulation of government policy, and fair and expeditious treatment in its administrative tribunals.

Can Consumer file an Online Complaint

One can file an online complaint about any consumer issues.

If you purchase any product and that product has some defect and after talking to the dealer from whom you had taken that product and that person is doing fraud with you, in case that person is not listening to anything, then the consumer can go the consumer forum and can file a complaint against that dealer and for that product as well.

For doing an online complaint in the consumer forum, we need to first open the main site of consumer helpline that is WWW.CONSUMERHELPLINE.GOV.IN (national consumer helpline) (NCH). This is the official website of the consumer forum and anybody can file their complaint over there. This site has a toll-free number which says 1800114000 or 14404. This website has a symbol of JAAGO GRAHAK JAAGO and it is opened every day except the national holidays. The timings for this toll-free number is 9:30 AM to 5:30 PM.

For doing the complaint online, there are some terms and conditions which are as follows: If any consumer is taking any product or services for 1 lakh Rs and after taking it you have also given them the money and after taking the products or services, if the company has done any kind of fraud with the consumer then the consumer has to pay Rs 100 to file their complaint on the official website of the consumer forum. If the products or services are of more than 1 lakh Rs and less than 5 lakh Rs, then the consumer has to pay Rs 200 to file their complaint on the official website. If the consumer is taking products or services of more than 5 lakh Rs, then the consumer has to pay 400 Rs to file their complaint on the official website of the consumer forum. This goes increases and increases with an increase in money.

Ways to File Online Complaint

There are mainly four ways to file the complaint online as well as offline. These ways are as follows under:-

1. The place where the consumer is residing and the consumer can go to nearby consumer court physically and then file the complaint against the company or the dealer.

2. The second thing is that the consumer can call directly to the toll-free number given on the website and then tell them all problems and the fraud done by the other person.

3. On the website there is a number provided for SMS and the consumer can file their complaint through SMS as well and the number will be 8130009809. After sending SMS to this number, the helpline will call you back and then anybody can tell their problem.

For registering the complaint online, one has to sign up on the website given and they will send you one OTP on the given mobile number. Then, the consumer needs to fill all the details of their problem by logging in into the website and there they need to write every single detail with timings of fraud. Once submitted, complaints are assigned an electronically generated number. This can be used to track the status of the complaint until it gets resolved.

If any consumer wins the case filed through the consumer forum, then the consumer gets great compensation from the other company. A complaint can be filed against any registered brand or service provider. The online complaint system has a dropdown menu of sectors, segments, and brands which includes all brands registered with the department of consumer affairs. Multiple complaints can be filed using the same login credentials and can be tracked online. The messages sent to the brand and consumer are also available for viewing to track progress. The complaints can be filed both in English and Hindi.

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ABOUT THE ORGANIZATION

Jus Commune is an online forum that promotes and seeks to maintain various legal competitions. The contests’ platter shall consist of quizzes, article writing, judgment writing, online debates, etc. We strive to stimulate your abilities and encourage you to sharpen your skills. We would showcase the best compositions with pride on Jus Commune. We believe that it’s a competition that ensures the survival of the fittest.

NATURE OF WORK:

Team Jus Commune is looking for passionate, hard-working and sincere members for several different creative and exciting positions available at the moment. A wide range of tasks, be it legal or non-legal, shall provide ample scope for discovering, honing and utilizing skills for a better cause.

LOCATION

Work from home

WHO CAN APPLY?

Any student who finds himself eligible can apply for the same, though preference shall be given to Law Students currently enrolled in either 5 Year/3 Year Law Course.

Note: One student can apply for one position and no stipend whatsoever shall be paid.

VACANCIES:

STUDENT EDITORS REQUIRED

1. Student Editor job description

Editing is an intricate business. Jus Commune is looking for student editors with strong grip on language and detail-oriented outlook. We require them to generating content and topic ideas for the events conducted.

2. Vacancies

4 student editors required

3. Eligibility

Focused undergraduate students of law- 5 years program ( BA LLB/ BBA LLB) and also 3 years program (LLB).
Coherent writing skills are sought for in the candidates.

4. How to apply

Send your CV to hr.communejus@gmail.com along with a draft for the event, i.e, “Essay Writing Competition organized by Jus Commune”. Add the required details for the draft as per your imagination.

The student editor and designer positions are permanent in nature and the selected individuals shall be featured on the official website of Jus Commune.

CONTENT WRITERS REQUIRED

1. Job Description of Legal Content Writers

Jus Commune requires knowledgeable, creative and sincere legal content writers for simplifying the legal complexities and presenting them in a lucid manner before the masses for their perusal.

2. Vacancies

10 Content Writers.

3. Responsibilities

Work includes writing short creative legal posts for Instagram Handle.

4. How to Apply

Send your CV at to hr.communejus@gmail.com

PUBLIC RELATIONS AND MEDIA REQUIRED

1. Job Description

Team Jus Commune requires students who are good at handling people and considerably active on various social media handles available herein.

2. Vacancies

5 Members

2. Responsibilities

Work Includes assisting in handling or taking the lead (as the case may be) the Instagram and Facebook handle of Jus Commune and helping expand outreach amongst various Law Firms and Law Schools in the country.

4. How to Apply

Send your CV at hr.communejus@gmail.com

COLLEGE REPRESENTATIVES REQUIRED

1. About the College Representatives Program

Campus Ambassador program is essentially the campus-based promotion of Jus Commune. It will mostly consist of creating a stronger base of legal enthusiasts in Jus Commune.

Social media marketing: The College Representatives have to circulate the E-posters on WhatsApp, Facebook, and Instagram. They must utilize the official website and spread awareness about it in the students.
In college promotion: It includes promotion by displaying banners and other information about Jus Commune on the notice board.

2. Eligibility

Essential marketing skills are also required.
We would accept 1 campus ambassador from each college.

3. Duration

Sincere availability of the candidates for 1 month.

4. How to apply

Mail us your CV at hr.communejus@gmail.com

PERKS

Position will be permanent in nature

Outstanding work shall be awarded and recognition shall be assured on social media handle. Certificate after the completion of the tenure

A certificate of appreciation shall be awarded to the ones who perform the best.

CONTACT US:

Email ID: communejus@gmail.com

Lavanya Rai: 6307317158

Aditi Mishra: 9861723001

DO VISIT:

Website: http://thejuscommune.wordpress.com

Instagram: @juscommune

About Us

“WE ARE REGISTERED UNDER MINISTRY OF MICRO, SMALL AND MEDIUM ENTERPRISES. UAM NO: UP03D0049755”

ANUMAARGA is a innovative-novel legal platform that aims to provide’LEGAL-AID’ and ‘LEGAL-EDUCATION’ over a single platform. Team ANUMAARGA is lead by its visionary leader Mr. Deepanshu Raj ideas to democratize the way India learns and simplify the first step towards justice (legal-aid). It provides a different portal for lawyers to communicate within its community or with people in need of Justice with intent to increase the quality of legal aid while keeping in check the costs involved. In short, It tries to serve the vision of uniting lawyers willing to provide legal aid with people in need of it. Also, this application is designed for passionate learners to explore and monitor the strategic landscape of legal field.

Theme

Any topic relating to legal contemporary issues.

Word Limit

1200- 1500 words

( Excluding of footnotes)

Submission guidelines

All the entries must be typewritten in *.doc or *.docx format. The submission should strictly follow the following rule:

Font – Times New Roman
Font size – 12
Line spacing – 1.5
Alignment – justified
19th Edition of Bluebook should be followed for citation.
The content should be the original work of the writer and should not have been given to any other competition or for any publication.

Perks

An e-Certificate will be issued via email, acknowledging the hard work and skilled contribution of the author to the platform.
High-quality blog may get an opportunity to work under our editorial team as a ‘Student Editor’

Application Procedure

(submit the blog before 31^st Aug)

Submit your blog at – editorialboard.anunaarga@gmail.com

For any query contact-

Yash Singh- 70811 72398

About Us

“WE ARE REGISTERED UNDER MINISTRY OF MICRO, SMALL AND MEDIUM ENTERPRISES. UAM NO:

UP03D0049755”

ANUMAARGA is an innovative-novel legal platform that aims to provide’LEGAL-AID’ and ‘LEGAL-EDUCATION’ over a single platform. Team ANUMAARGA is lead by its visionary leader Mr. Deepanshu Raj ideas to democratize the way India learns and simplify the first step towards justice (legal-aid). It provides a different portal for lawyers to communicate within its community or with people in need of Justice with intent to increase the quality of legal aid while keeping in check the costs involved. In short, It tries to serve the vision of uniting lawyers willing to provide legal aid with people in need of it. Also, this application is designed for passionate learners to explore and monitor the strategic landscape of legal field.

Tasks for our CAs

Major tasks of our ambassadors will entail the following:

Meet weekly targets allocated to you by your mentor.
Digital Marketing: promote us, through email, WhatsApp, Instagram, Facebook, and Twitter.
Communication bridge between Anumaarga and their colleges/universities.

Number of Vacancies

We are hiring 2 Campus Ambassadors from any recognized colleges or a university.

Location

Work from home

Duration of Work

2 months

Eligibility

Students pursuing their graduation degree in Law.
Active on social media.
Proficiency in spoken English.

Perks for our Campus Ambassadors

Certificate of Appreciation: CA will receive a Certificate from us which will strengthen their CVs.
Letter of Recommendation: LoRs will be given to the outstanding CAs
Free publication on our website.

Application Procedure( last date to apply- 25 Aug’2020)

Interested students can fill out this form- https://docs.google.com/forms/d/e/1FAIpQLSd06oCtiRgsrHDSOkzUt3UGsf_mXipEbxkcCift9H 34hR6wZw/viewform?usp=sf_link

Contact

For any query please contact : Saman Rizwan- 6306936025

Amurag- 6386124628