Month: September 2020

Analyzing the Consumer Protection (E-Commerce) Rules, 2020

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This article is written by Simran Verma, second year BBA LLB student at New Law College, Pune

Introduction

On July 20, 2020 the Consumer Protection Act came into force. When Consumer Protection Act, 2019, came into force then after few days of it, the Department of Consumer Affairs in the Ministry of Consumer Affairs, Public Distribution and Food issued the Consumer Protection (E-Commerce) Rules, 2020, on July 17, 2020. To avoid the ambivalence in laws, Department for the Promotion of Industry and Internal Trade made sure that these rules will not imbricate with the Data Protection Bill. These rules are applicable to all the registered electronic-retailers in India or abroad who offer their goods and services to the Indian consumers. They line up with the draft of the National E-commerce Policy which was released by the Indian Government in 2019. These new rules give the details about the applicability and the scope along with making provisions which make the online retailers more responsible and the businesses more transparent.

Key Highlights

The rules are applicable to, inter alia; all the goods and services sold over electronic or digital network; and all the other types of e-commerce retail. The rules have produced a difference between the binding promises of e-commerce entities. These rules have also noticed and sorted the e-commerce entities into two types- inventory e-commerce entities and marketplace e-commerce entities. The marketplace e-commerce entity is something that provides the information technology platform on electronic and digital network to open the door for transactions that take place between the buyers and sellers on the other hand; an inventory based e-commerce entity retains the inventory of goods and services and sells them directly to the consumers.

Major provisions in the Rules

These rules are applicable to India’s e-commerce entities along with the outsiders, regardless of their operations, if the services are being offered to the Indian consumers.

  1. Duties of the entities of e-commerce- Consumer Protection (e-commerce) Rules, 2020
  2. There has to be an appointment made of a nodal person or senior designated official by the E-commerce entity, so that the person can keep a watch on the entity’s functioning and also makes sure that platform of e-commerce leaves no chance in following each and every rule of Consumer Protection Act e-commerce rules.
  3. A grievance redressal mechanism has to be set up by E-commerce and this can be done by appointing one grievance officer. All the details such as name, contact details, and designation of officers must be displayed on the e-commerce platform or the website.
  4. The assurance has to be made on behalf of the grievance officer that the complaint made by the consumers will be acknowledged within 48 hours of the complaint made and proper action will be taken on the complaint within not more than a month from the date of receipt of the complaint.
  5. The prices charged from the goods and the services offered in the platform must be reasonable, and no manipulation must be done on the cost for the mere reason to gain unreasonable profit. This clause came into force during the time of pandemic since the demand for some of the essential items which included sanitizers and masks; there was overcharge made by various sellers on the retail prices for the profits. Therefore, this problem can be resolved. Even, in the case of M/s Cargo Tarpaulin Industries v. Sri. Mallikarjun[1] , the National Consumer Disputes Redressal Commission held that it is a crime if the goods are sold at a price that is higher than the MRP.
  6. If the platform offers some kind of goods and services that are imported, then in that case, the name and all the details of such type of importer or seller is supposed to be mentioned in the platform by the owner.
  7. There has been very clear mentioning by these rules that e-commerce platforms would not be charging any kind of cancellation charges until and unless there is any same cost that is borne by them.
  8. The seller has the responsibility to verify the description of the products and their information and also the details about the seller like geographical address (in case it is registered or not), feeding, customer care numbers, or be it the ratings in a clear manner so that informed decisions can be made by the consumers.
  9. Ticket numbers for the complaint must be provided to the consumers by the E-commerce entity so that the consumers can track its information regarding refund, status, grievance redressal mechanism, etc. so that help can be made to the consumers in making informed decisions.
  10. The advertisement made by the seller for the goods and services must be consistent with the real features of such goods and services.
  11. The seller must provide geographical address of the headquarters and all its branches, legal name, all the details of its website including its name, contact details, applicable GSTIN, customer care number along with the PAN details to the marketplace e-commerce entity.
  12. Before the goods are sold, there is a responsibility of the seller that he should have written contracts with the marketplace e-commerce entity through which there is intention of the seller to sell the goods and services.
  13. There should be a record maintained by the entities which includes all the sellers that have been restricted or removed previously with the aim to offer goods or services under the Trade Marks Act, 1999, Copyright Act, 1957, or the Information Technology Act, so that the information can be gained easily.

Conclusion

Seeing the present condition of consumer affairs and the advancement in the online marketing industry, these rules were much needed and awaited. The rights of the consumers will be strengthened and these rules would also help to eliminate several problems of the consumers, like making an influence on the customers with the help of false advertisement. This will also help in eliminating the malpractice of fake reviews and also the smooth functioning of the industry would be maintained.  Although it is seen that these rules have almost covered up several points so that the present conditions of the consumers’ can be improved and has also prevented frauds, but there are some problems that still need to be addressed.  I assume that the required demands can be made by the government with the help of inserting the necessary provisions in these rules. Overall, there will be management done by these rules on the ongoing important issues which are linked to the e-commerce industry, and in case some changes have to be made in these rules, then it will meet the purpose of future needs as well.

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Unmanned Aerial Vehicle (UAV)

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The article has been written by Shubham Khandelwal currently pursuing BBA.LLB from FIMT,IP University. In the below-given article, you’ll all get to know the necessary information about “DRONES”, its introduction classification, general rules, policy gaps, drone equipment etc. Picture Credits Waste360

Introduction

Technological advancements have changed our life within numerous ways be it the way wars are fought, business operations, or daily activities. Drones also are termed as Unmanned Aerial Vehicle (UAV), Unmanned Aircraft System (UAS), or Remotely Piloted Aircraft System (RPAS). The military in India is no longer a stranger to the drones as they’re used for tracking enemy movements, for border patrols, search and rescue missions, and emergency services.

In Indian neighborhoods, Unmanned Combat Aerial Vehicles (UCAVs) are put to significant use in fighting al-Qaeda and the Taliban in Pakistan and Afghanistan. In fact, within the late 1990s, because the hunt of Osama bin Laden intensified, Afghanistan became the laboratory for the US’ development of armed drones. However, only after the 9/11 terrorists attack within the US, Washington sanctioned the utilization of drones. Since then, drones are increasingly used for targeted killing and in air support for ground troops across both Afghanistan and Pakistan. As former Director of the Central Intelligence (CIA) Michael Hayden once wrote-“Targeted Killing using drones became a part of America’s way of war”.

Besides in military use, drones have penetrated the commercial sphere also, with business developing drones in increasingly diverse roles. one of the most important online suppliers of drone Amazon said in 2013 that it wanted to use drones to deliver the packages and has been testing accordingly. the corporation obtained permission in 2015 to check drones within the US in April 2015, and within the UK in 2016. Now drones are getting used for development purposes, including aerial mapping, and for monitoring critical infrastructures like ports and power plants.

Today the global marketplace for drones has grown and has debates on the legal, regulatory, and even moral issues around their use. So far, there’s no clear global mechanism to manage drone activities. There also are issues around the accidents, air collision, safety, and security of the utilization of drones. Each of those issues requires a comprehensive framework for effective regulation within the civilian airspace for domestic security, privacy and legal concerns to be addressed effectively. India, a developing country plays a proactive role in shaping the worldwide norms and regulations, not only because the evolution of drone technologies can have an impression on India’s security in multiple ways, but also because it’s better for India to be a neighborhood of any new global effort as a norm shaper while at an equivalent time protecting the country’s interest. Several stopgap measures are taken by the state and therefore the central authorities to prevent these gaps whether in addressing the problems of control, or response mechanism within the event of an event, questions of privacy and trespass, traffic, terrorist threats management, and legal liability. Potential large-scale use of drones in agriculture and infrastructure is that the tool within the development of India.

Viability of Drones in India

Much like in other countries, drones have multiple applications in India within the civilian domain like the commercial sector for mapping and knowledge gathering, additionally to the military domain where its uses include surveillance and intelligence collection. However, the utilization of drones have fraught with problems and uncertainties within the absence of well laid out standards, regulation, and operating procedures, one among the primary Indian notification on the topic came within the sort of a Public Notice issued by the Office of the Director-General of Civil Aviation (DGCA), India’s civil aviation regulator, on 7th October 2014. The document was useful for informing the potential operators that the civil operations of UAS would require approval from the Air Navigation Service provider [Airport Authority of India], defense, Ministry of Home Affairs, and other concerned authorities besides the DGCA. DGCA is the process of formulating the regulation (and globally harmonized those) for certification & operations to be used of UAS within the Indian Civil Airspace.

Two years later, the DGCA released a group of draft guidelines in 2016 on the utilization for civilian or recreational purposes. The DGCA invited comments on this circular from various stakeholders for a period of 21 days as decided by the Ministry of Civil Aviation. After a year and a half in action on the previous guidelines, in October 2017 the DGCA released a replacement set of guidelines with the aim of finalizing them by end of the month but the rules were a mere product of dire necessity, they do not exhibit enough foresight. There are several incidents within the past few years that show the risks of the unregulated use of drones for all stakeholders including the overall public. Despite the near-blanket ban on drones in 2014, there are a worryingly high number of sightings of UAVs in several areas across the country which further highlights the necessity of effective regulations to be enforced at the earliest. It can’t be emphasized enough that there was a need for a more nuanced regulatory framework with appropriate recommendations including tracking issues like a liability just in case of mid-air collisions. India must lay out a policy framework that might address the regulatory legal system. Operational, licensing, and liability issues around the use of drones.

Classification of Drones

Nano: but or adequate to 250 gram;

Micro: Greater than 250 gram and fewer than or adequate to 2 kilogram

Small: Greater than 2 kilograms and fewer than or adequate to 25 kilogram

Medium: Greater than 25 kilograms and fewer than or adequate to 150 kilogram

Large: Greater than 150 kilograms.

Nano drones are going to be regarded within the next higher category if they exceed either of the subsequent performance parameters:

Maximum speed in level flight limited to fifteen meters/second

The maximum attainable height is limited to fifteen meters and range limited to 100 meters from the remote pilot.

Rules for Flying a Drone in India

Based on our research and interpretation of the laws, here are the foremost important rules to understand for flying a drone in India.

 All drones except those within the Nano category must be registered and issued a singular number (UIN).

 A permit is required for commercial drone operations (except for those within the Nano category flown below 50 feet and people within the Micro category flown below 200 feet).

 Drone pilots must maintain an immediate visual line of sight in the least times while flying.

 Drones can’t be flown quite 400 feet vertically.

These drones can’t be flown in the areas specified as “No Fly Zones”, which include areas near airports, international borders, Vijay Chowk in Delhi, State Secretariat Complex in State Capitals, strategic locations, and military installations.

 Permission to fly in controlled airspace is often obtained by filing a flight plan and obtaining a singular defense Clearance (ADC)/Flight Information Center (FIC) number.

Required Drone Requirement in India

Also, worth noting is that India has specific requirements regarding the kinds of features a drone must need to be flown in India (excluding those within the Nano category). These mandatory requirements include:

GPS

Return-to-home (RTH)

Anti-collision light

ID plate

A flight controller with flight data logging capability

RF-ID and SIM/No Permission No Takeoff (NPNT)

Policy Gaps

While the DGCA had taken the primary step of framing draft guidelines for the utilization of UAVs, there remain several gaps that have got to be addressed, keeping in mind the necessity for balance between security concerns and bonafide uses of drones during a sort of civilian sector.

Question of Privacy

When it involves usage of drones, the question of privacy is an intricate problem, bringing with it the controversial debate of security versus privacy. Drones operated by non governmental agencies pose a serious threat to existing privacy laws. Most UAVs have constantly transmitting cameras that always operate in high definition. Intended infringement of privacy is sort of easy, but drones also present the case of unintended invasions. This aspect makes it harder to determine infringement of privacy under existing laws in India.

Global Governance of Drones

Globally, rules and regulations regarding the utilization of drones are still in their infancy. albeit India is a smaller operator than US, China and other developed countries but exact legislation is there.

So far, at the multilateral level, the International Civil Aviation Organization (ICAO) is the platform for framing rules of the road for drone regulations.

India’s No Permission, No Takeoff Policy

Before every single flight, drone pilots are required to request permission to fly via a mobile app, which can automatically process the request and grant or reject it. India is looking at their system “No Permission, No Takeoff” (NPNT). If a drone pilot tries to fly without receiving permission from the Digital Sky Platform, he or she is going to simply not be ready to begin .

All drone operators will register their drone and request permission to fly for every flight through India’s Digital Sky Platform. The Digital Sky Platform and further details are going to be available on the DGCA website from December 1, 2018.

Conclusion

There are various questions concerning ethics, regulation and implementation that exist within the domain of drones. These questions got to be carefully addressed, keeping in mind the extant legal and moral principles and adapting them to the rapid technological advances to make effective governance regimes for UAVs in India. India must also examine the prevailing policies in other countries to adopt the simplest practices because it formulates its regulatory framework. Guidelines and circulars issued by the governments and multilateral agencies like ICAO got to be converted into legal and policy instruments that might have a binding effect on governments.

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Legalization of Marijuana

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This article has been written by Aashika Aggarwal pursuing BBALLB (H) from Amity University, Gurgaon. Picture credits to webMD

Introduction

Marijuana is also called weed, herb, pot, grass, bud, ganja, mary jane, and a vast number of other slang terms- is a greenish-gray mixture of the dried flowers of cannabis Sativa. Some people smoke marijuana in hand-rolled cigarettes called joints, in pipes, water pipes (sometimes called bongs), or in blunts (marijuana rolled in cigar wraps). Marijuana can also be used to brew tea and, particularly when it is sold or consumed for medicinal purposes, is frequently mixed into foods (edibles) such as brownies, cookies, or candies. Vaporizers are also increasingly used to consume marijuana. Stronger forms of marijuana include sinsemilla (from specially tended female plants) and concentrated resins containing high doses of marijuana’s active ingredients, including honey like hash oil, waxy budder.

The main psychoactive (mind-altering) chemical in marijuana, responsible for most of the intoxicating effects that people seek, is DELTA-9-TETRAHYDROCANNABINOL (THC). The chemical is found in resin produced by the leaves and buds primarily of the female cannabis plant. The plant also contains more than 500 other chemicals, including more than 100 compounds that are chemically related to THC, cannabinoids. Marijuana is the most commonly used psychotropic drug in the United States after alcohol. In 2018, more than 11.8 million young adults reported marijuana use in the past year. Its use is more prevalent among men than women. Marijuana use is widespread among adolescents and young adults. Medical emergencies possibly related to marijuana use have also increased. It is unknown whether this increase is due to increased use, increased potency of marijuana (amount of THC it contains), or other factors.it should be noted, however, that mentions of marijuana in medical records do not necessarily indicate that these emergencies were directly related to marijuana intoxication.

Legalization of Marijuana in India

Delhi is the third-largest consumer of weed in the world after New York and Karachi. I think there is no other country like India where weed has been such an integral part of religion and society. A lot of research paper suggests that the medicinal benefits of marijuana can be used as a treatment against psychosis and anxiety. So, why do we have so much stigma around weed in our country?

Delhi consumes 38,268 kg ganja every year. Mumbai is sixth in the ranking, which consumes 32.380 kg of the stuff on an annual basis and all of this is illegal in India. If weed is legalized in our country then, our Government can earn a lot of revenue which might just help in boosting our GDP. An average joint is equaled to 0.32 gram and in 1 gram, three joints can be made and if we do the maths, in Delhi rolls 114 million joints every year and in Mumbai rolls 97 million joints every year and all this is not legal.

In Arthva Veda, weed is described as something which brings joy to the lives of people. Lord Shiva is mostly seen with a Chillum in hand. Most of the sadhus and pir babas communicate with God via communal smoking sessions. I’m not in a manner saying that we should legalise it right now.

So, cannabis and its various derivatives have been illegal in our country only since 1985, with the passing of the Narcotics and Psychotropic Substances Act. This happened because of two reasons. First was our commitment to an International Treaty on Narcotics. And second, was the pressure by the United States for participation in their ‘WAR OF DRUGS’. It means that instead of regulating its supply, like an economic commodity, we conveniently brushed aside the topic from the public sphere, which resulted in this taboo around weed. Social awareness campaigns like the great legislation movement have been trying to educate the masses about the medicinal benefits of marijuana. So a lot of people say that weed can make you psychotic, which is not entirely wrong. Tetra Hydro Cannabinol or THC is the main psychoactive compound in weed which gives us the feeling of being ‘HIGH’. And there is evidence that THC is related to psychosis somehow. There is another substance in weed called CBD or Cannabidiol which is non-psychoactive. This means that CBD can cancel out THC’s euphoric-at-times-psychosis-inducing high. But the recreational strains of weed which are available these days have a high level of THC and very low level of CBD. Because of which you get a good ‘high’. But because of this, people who are already dealing with depression or anxiety or some sort of PTSD can have severe panic attacks or psychotic episodes. So that’s why one needs a good amount of CBD in the weed strain.

CBD also helps in relieving chronic pain, can help in the recovery of cancer patients, treats depression, helps people with epilepsy and attention deficit disorder as well. And this argument that weed is a ‘gateway drug’ to other hard drugs, is not entirely supported by science. A lot of research studies suggest that only 95 of those who use marijuana, end up being severely addicted to it. As compared to alcohol and tobacco, which is 32% and 15% respectively. So in recent years, marijuana has been legalized in some form or the other across most of the US, many European countries, Argentina, Mexico, Canada, Portugal, Brazil, Australia, Turkey, and many others.

Conclusion

The total worldwide market for legal and illegal cannabis is around $344 billion. And the global market for legal cannabis is expected to reach $145 billion by 2015. Legalizing marijuana might just help ease the agrarian crisis in our country and boost GDP as well.

According to reports 60,000 kgs of hash and 40,000 kgs of opium is produced in Himachal Pradesh alone, in a year, and to maximize the profits, these paddlers mix a lot of weird chemicals in weed or hash strains. And if it’s legalized, the Government can maintain the standards which will not adversely affect the health of people. If our Government acts smartly, legalizing weed might just do a lot more good than harm to people.

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Divorce Law in Goa: An Analysis

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Divorce, also known as the dissolution of marriage or termination of the marriage. It usually implies dissolving the bonds between two people living together as a married couple, it indicates the neutralizing or making alterations to the legal obligations and accountabilities of marriage. Divorce laws differ reasonably around the world, but in most countries, divorce mandates the sanction of a court or other authority in a legal process, which may pertain to subjects of distribution of property, child custody, alimony (spousal support), child visitation/access, parenting time, child support, and division of debt. There are varied divorce laws throughout the world. The state of Goa, situated to the west coast of India has its own code of procedure known as the Goa Civil Code also known as the Goa Family Code.

History

The Goa Civil Code has been adopted from the Portuguese Civil Code of 1867 which was introduced in Goa in the year 1870. After its merger with the Indian Union in 1961, the Civil Code was retained. All Indian laws were extended to the state, except family laws that fall under the Portuguese Civil Code, when Goa attained liberation from Portugal in 1961. The civil code of Goa cannot be called. a uniform civil code as it has certain provisions for distinct communities under different situations.

Grounds for Divorce according to Goa Civil Code

Article 4 of the Divorce Act of 1910 provides for the grounds of divorce in the State of Goa

• If a wife commits Adultery, then it is a ground for divorce to the other spouse.

• If a husband commits Adultery, then it is a ground for divorce to the other spouse.

• If the spouse is being finally convicted to one of the Spouses to undergo major penalties provided under Sec 55 and 57 of the Indian penal code.

• If any spouse suffers from serious injuries or there is Ill-treatment by one of the Spouse, then it is a ground for divorce.

• Complete desertion of conjugal home for the period for three years or more but not less than three years.

• If the spouse is being absent or nothing has been heard of absentee for not less than four years.

• When at least three years have been passed and the spouse is suffering from Incurable disease or unsoundness of mind after its decree by judgment, become final for want of appeal according to Article 419 of the code of civil procedure,

• De Facto separation of spouses freely consented for more than ten years, does not matter what is the cause of it.

• Chronic Vice or Constant involvement in gambling,

• Contagious or Incurable disease involving sexual aberration.

A Christian marriage could be declared invalid/annulled only in the Ecclesiastical Court, according to Article 25 of Concordat.

Where to file a Divorce?

The legal proceeding in order to file for a divorce petition is as under:

  • Either of the spouses can file for a divorce petition at the place of marriage, where the respondent resides or works, or where the parties to the marriage last resided together.
  • An appeal against said order can be filed before the concerned High Court. He/she can remarry if no appeal is preferred by the aggrieved party within one month from the date of the final order conferring a divorce, .
  • The Jurisdiction for a divorce petition lies under the District Court of Goa and the Goa bench of Bombay High Court.

Maintenance and Subsidy after Divorce

Article 29 of the Law of Divorce 1910 in Goa provides the liberty to the partners to affirm a subsidy and perpetual maintenance from the other. The sum of such maintenance depends on the needs of the spouse who has to attain it and the position of the one who has to provide it. The amount of permanent allowance/allotment cannot exceed one-third of the cumulative earnings of the one who provides, the amount fixed is not variable. If in the future the provider proves that his conditions do not permit him to continue imbursing the amount either fixed or that her necessities are lesser than the fraction of the amount he is paying, the Court may suitably reduce it.

In the same manner, the court can increase the allowance if in the future the attaining partner proves that her needs are greater than the amount fixed as the maintenance for her and that the spouse can afford to pay her a bigger subsidy in view of his improved financial position. Furthermore, the right to maintenance ceases if the providing partner is no more in a stance to proceed with the payment or the receiving partner does not need it. It also gets terminated if the attaining partner remarries or satisfies the ground of being undeserving of such benefits by her moral demeanor.

Communion of Assets

A distinctive concept of matrimonial property rights, unusual of the Indian personal laws is practiced in the State of Goa under the Goa Civil Code, where there is no formal concept of matrimonial property and hence the property ends up being in the names of males and therefore the domain of the male-only, which he can mortgage, or retail, as he pleases. In Goa, the default system is the regime of the communion of assets, if nothing is spelled out at the time of marriage, as soon as a person gets married, his spouse gets half of the undivided right in each other’s assets, which means that upon marriage, couples will wield whatever assets they have each or together acquired or inherited before or after marriage as co-owners of the property. But at the time of marriage, couples do have an option of contracting themselves out of this default system of the communion of assets, by entering into a pre-nuptial agreement where they decide whether the properties before marriage will be held separately and those after marriage will form the communion or if properties, whether acquired before or after the marriage, will all be held separately.      

There are many uniformly applicable prerequisites, as, for instance, a married man or woman is limited to half of his/her share in the properties in order to make a will and they will have to have the consent of both the spouses. This is a positive provision that is present in the uniformly applicable provisions (though it is quite another thing that there are ways of circumventing this provision).

After the divorce is sanctioned by a civil court or the court of jurisdiction, everything the couple owned before — and after — marriage becomes part of a common pool, and half of that belongs to the wife. Now, if the couple gets a divorce, the husband will have to part with half of everything.

However, irrespective of which system of holding the matrimonial properties the couple opts for, the right to administration of the properties of the couple, without exclusion of the exclusive properties of the wife, is the prerogative of the husband. Thus the law makes the ‘control’ button available to the husband. This provision is uniformly applicable to all communities.

Also, uniformly applicable is the visualization of the concept of property. The women that can avail of the matrimonial property provisions are those whose marital families have owned property. This means that for a woman whose husband does not have ownership rights in the property, dividing matrimonial property at the time of divorce can mean she gets half of nothing. So, for instance, if a woman divorces and her husband is a tenant worker or is a tenant in the marital house, she has no right to 50 percent of the tenurial interests.

No Verbal Divorce or Polygamy for Muslim Men

In India according to the Muslim Personal Law i.e (the Shariah law) the controversial authority given to the Muslim men where he can initiate a divorce also known as talaq in Islam by just verbally announcing to his wife that he repudiates her. The method of divorce that is the triple statement of divorce and also in respect of their right to divorce their equality issues are the two main queries relating to Muslim law that is to be taken into consideration.This form of talaq becomes irrevocable on the expiry of the period of iddat. Furthermore, Polygamy is the most common practice in Islam where a Muslim man according to the Muslim Personal Law can be married to multiple women up to four at any point in any life if they are financially able to treat them all equally.

Under the Portuguese Civil code, Muslim men can neither practiced polygamy nor is verbal divorce recognized in the state, because no such provision exists in the Code. Secondly, the Muslim Personal Law Application Act, 1937 has not extended to the State of Goa.

Conclusion

The divorce Law in Goa is a distinct form and it’s standard is one that can be applied throughout the country. It is further equality centric and provides equal rights to both men and women Every coin has two sides, although the law provides with some do’s and don’ts to all religion which in the normal course of nature is authorized throughout the country in the ambit of personal laws., it nonetheless helps in balancing the dynamics of equality and coats the element of secularism provided in our preamble with an amber shine. As India looks forward to the establishment of the Uniform Civil Code provided under Article 44 of the Indian Constitution, the Goan Law can be an enormous influence to establish a code, one of its kind.

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Call for Papers: NLU Jodhpur, Journal on Corporate Law and Governance [JCLG, Vol IV, Issue 1]: Submit by Oct 31

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About The Institution

National Law University, Jodhpur is an institution of national prominence established under the National Law University, Jodhpur Act, 1999 by Rajasthan State Legislation. The University is established for the advancement of learning, teaching, research and diffusion of knowledge in the field of law.

About The Journal 

Journal on Governance is an annual journal issued by National Law University, Jodhpur. The Journal offers a forum for critical research on interplay of contemporary issues in corporate law, both from an academic and industry perspective. Along with exploring the various problems and challenges that affect the corporate world, the Journal attempts to explore and offer workable solutions, which may be helpful in regulatory and policy decisions.

The Editorial Board of the Journal welcomes submissions of original articles, comments and discussion within the aim and scope of the Journal for Volume IV, Issue I. The Journal is peer-reviewed with ISSN serial publication No. 0976-0369.

Theme

The broad theme of the Journal for Volume IV Issue I is “Winds of Change in the Corporate Governance Regime: Looking towards a New Horizon”.

Sub-Themes

§  Understanding the role of proxy advisory firms in the corporate governance regime in India and the need to regulate them- A long awaited procedural reform!

§  Growing importance of the ESG (Environmental, Social and Governance) criteria and its contribution towards better corporate governance.

§  The urgent need for introspection of falling corporate governance standards in public and private sector banks- Identifying the key issues and figuring a way out.

§  Role of corporate governance on stock market liquidity.

§  ‘Shareholder Activism’: An emerging trend in India.

§  Impact of the recent changes in the Insolvency and Bankruptcy Law on the corporate governance regime- A leeway to defraud creditors?

§  Need for governing Micro Small and Medium Enterprises (MSME’s) the corporate way?

§  Rising corporate governance issues and challenges for Indian companies in the covid-19 era and the expected aftermath.

§  How covid-19 may reform the corporate governance norms/ standards in India (Corporate Governance in the post-pandemic world).

§  Understanding the changing role of Government and its various agencies with respect to corporate governance in India.

Any other article on the general theme but outside the scope of the sub-themes is also welcome.

Eligibility

The Journal invites academicians, practitioners, students of law pursuing their LL.B (Hons.)/ LL.B/ LL.M from any recognized university to submit their entries.

Manuscript Submission Guidelines

Please note that the submissions must conform to the following requirements:

§  The acceptable length of Articles is between 4000-6000 words, and of Notes, Comments and Case Analysis is between 2500-4500 words, including footnotes.

§  All submissions must include an abstract of not more than 300 words, explaining the main idea, objective of the article and the conclusions drawn from it.

§  The Article should be on A4 sized paper, in Garamond, font size 12, 1.5 line Spacing, justified and 1 inch margins on each side. Footnotes should be in font size 10 and with single line spacing.

§  The Authors should conform to the Bluebook (20th edition) Uniform System of Citation.

§  Authors should provide their contact details, designation, institutional affiliation and address in the covering letter for the submission. The Manuscript should not contain any identification of the author/s, which shall be a ground for rejection of the submission.

§  Each submission may have up to two authors.

§  The submission must be the original work of the authors. Any form of plagiarism will lead to direct rejection.

§  The relevant sources should be duly acknowledged as footnotes. The decision of the Editorial Board in this regard shall be final.

§  The Journal publishes only original and unpublished material. Manuscripts must therefore not, at any time during the period of consideration by the Journal, be considered for publication in any other place, nor published beforehand

§  Manuscripts shall be assessed by subjection to Blind Review Procedure. Reviewers shall not be informed of the author’s name, university, year in college, or any other personal information.

Submission Deadline

The deadline for receipt of submissions is ­31 October, 2020.

Submission Procedure

Authors are requested to send an electronic version of their manuscripts .doc or .docx format to journal.governance@gmail.com with the subject as “Submission- [Name of Author] –Volume IV Issue I.”

The document name must be in the following format “[Name of Authors(s)]-[Title of submission].”

Contact Info

All queries may be addressed to the Editorial Board at journal.governance@gmail.com 

Ms. Niharika Jaiswal (Editor-in-Chief): +91-9956534045| niharikajaiswal96@gmail.com

Mr. Suraj Sonowal (Editor-in-Chief): +91-9119131952 | surajsonowal10@gmail.com

JOB POST: IPR Chair Professor at Gujarat National Law University, Gandhinagar: Apply by Sep 10

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About the Organisation

Gujarat National Law University is a National Law University established under the Gujarat National Law University Act, 2003 in the state of Gujarat. The university is located at Gandhinagar, which is the capital of Gujarat and is located 23 kilometers north of the city of Ahmedabad.

About the Job

Gujarat National Law University is opening a job post of IPR Chair Professor: Department for Promotion of Industry and Internal Trade (DPIIT) IPR Chair.

This appointment is contractual for a period of maximum three years and first-year to be counted towards probation and subsequent extension on an annual basis depending upon the performance, not exceeding a total three years period including the first year of probation.

Eligibility

Essential Criteria:

  • Ph.D. in IPR or fields closely associated with IPR law.
  • LL.M with at least 55% of marks in IPR Specialization (or an equivalent grade in a point scale wherever grading system is followed) from an Indian University, or an equivalent degree from an accredited foreign university.
  • Practiced as an IPR Attorney/worked with an IPR firm for at least 5 to 8 years.
  • An academic/scholar of outstanding track record in the designated area of IPR and aligned area of studies.

Or

  • Retired Officials of IP Offices under CGPDTM having experience of 5 years of working at Grade Pay of ₹ 6,600/- or above (as Controller of Patent & Design or Registrar of Trademark & Geographical Indications or Registrar of Copyrights).
  • Upto 70 years of age.

Or

An outstanding professional with an established reputation in the field of IPR, who has made a significant contribution to knowledge in the field (to be substantiated by credentials).

Highly Desirable

  • Teaching/Research experience for at least 3 years in premier law universities/colleges in the relevant areas.
  • National Eligibility Test (NET) conducted by the UGC, CSIR or similar test accredited by the UGC like SLET/SET.
  • Ability to innovate and to improve research, training and extension activities or services and to pursue interesting new ideas and new methods in the field of IPR.
  • Good knowledge of latest national and international research trends and developments in the relevant areas.

Location

Attalika Avenue Knowledge Corridor, PDPU Rd, Koba, Gandhinagar, Gujarat 382426.

Salary

₹ 1,00,000/- (Consolidated)

Application Procedure

The interested applicants are required to send their CV/Biodata/Resume at hr[at]gnlu.ac.in on or before Thursday, 10th September 2020. Upon receipt of the email, the detailed information related to the online interview will be provided to the shortlisted candidates.

The mode of the interview will be online through Cisco Webex Meetings.

http://ncw.nic.in/advertisement/appointment-contractual-staff-jr-technical-expert-reg-last-date-15-september-2020

CALL FOR PAPERS: JUS CORPUS

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About Jus Corpus

Jus Corpus is an E-Journal which provides a platform to students, academicians, scholars, professors & professionals in the fields of law as well as management and also provides opportunity to publish their papers on our Journal in different volumes.

Call for Papers

Jus Corpus is offering publication for its Volume 1 Issue 1 which will be live from September 15, 2020.

We invite all professors, scholars, academicians, students, and all researchers at large for publishing papers in the field of law, management, humanities, and social sciences.

All avid researchers are requested to please send in their unpublished original manuscripts to thejuscorpus@gmail.com latest by 30th September 2020.

Theme

Jus Corpus is an open-access journal and invites manuscripts on any theme related to law, Social Science, Humanities and Management.

PAPER SUBMISSION GUIDELINES

WORD LIMIT FOR SUBMISSIONS:

  • ARTICLES/RESEARCH PAPERS: An article must comprehensively analyze the issue that the author seeks to highlight. It must contain a rigorous study of the status quo or a contemporary issue in any area of Law. An article or Research Paper should be between 4,000-6,000 words.
  • ESSAYS: An essay challenges existing paradigms/norms and provides a fresh outlook to common problems. It is strongly recommended that essays be considerably more concise than articles, in terms of scope and conceptualization. An essay must thus ideally be between 2,000-4,000 words.
  • CASE COMMENTS: A case comment allows the author to critique any recent/landmark judicial pronouncement, legislation or a pending bill. The word limits for a case comment 2,500 words.

The word limit is Exclusive of footnotes.

However, looking at the quality and depth of research, relaxation may be given and word limit may vary.

ELIGIBILITY:

Entries from scholars including students pursuing Bachelors or Masters Course in law and any other allied discipline of Social Science, Humanities and Management would be accepted.

CITATION STYLE:

The Blue-book Uniform System of Citation (20th edition) shall be strictly adhered for Law and MLA style Citation for Humanities and Social Sciences.

THE FORMAT OF MAIN TEXT AND THE FOOTNOTES:

The Times New Roman Font with Font size 12 and Line spacing of 1.5 is prescribed for all entries. Further, the footnotes shall be in Times New Roman Font with Font size 10 and Line spacing of 1.0 shall be followed respectively.

HOW TO SUBMIT:

Entries are to be send at our Official Email Address: thejuscorpus@gmail.com.

ALL SUBMISSIONS MUST BE ACCOMPANIED BY:

  • A separate document containing the biographical information of the authors, including the following details: Name, E-mail address, Name and Address of Institution, Course, and Academic Year. No reference to the name or the affiliations of the author(s) must be present in the text of the submission and must only be provided in a separate document.
  • Co-authorship is allowed, to a maximum of three authors.
  • The abstract should be written in the Manuscript. Please note that there is no requirement of prior submission of the abstract, as papers are selected for publication only on the basis of the full manuscript.

PUBLICATION POLICY:

  • All the submissions send to us must be original and attached with a declaration of originality. Submissions should not have been published nor should they be under consideration for publication in any other journal.
  • Plagiarism up to 5% in allowed.
  • The Editors reserve the right to delete or edit any article or part thereof whose content is found to be offensive, defamatory, out rightly unethical, or if it is suggestive of racism, sexual or religious discrimination, illegal or terror activities etc.

Please send the submissions to: thejuscorpus@gmail.com

The subject line must read “Submission for Publication”.

No Publication Fees

Perks

A soft copy of the certificate available.

Important Dates

Last date for submission: September 30, 2020

Publication of Issue: From September 15, 2020 onwards.

Contact Information

Queries may be directed to support@juscorpus.com with ‘Query’ in the subject line.Website: https://www.juscorpus.com/

IDIA Punjab Chapter’s Art Competition

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ABOUT IDIA

“When you learn, teach. When you get, give”

-Maya Angelou

Increasing Diversity by Increasing Access to Legal Education (IDIA) is a nationwide charitable trust founded by Late Prof. (Dr.) Shamnad Basheer in 2010. The main goal of the movement is to empower underprivileged students and help them transform into leading lawyers and community advocates by giving them access to quality legal education. IDIA sensitizes underprivileged students from across the country to choose law as a career option, trains them and provides scholarships to the students on gaining admission to law schools.

IN THE MEMORY OF SHAMNAD BASHEER

On the 8th of August, 2019, our legal fraternity lost a doyen following his sad demise but his indomitable legacy lives on. Prof. (Dr.) Shamnad Basheer graduated from the National Law School of India University, Bangalore and did his post- graduate studies from the University of Oxford.

He was a renowned academician, known especially for his contributions in the field of Intellectual Property Rights (IPR). He was the founder of the leading IPR blog in India, SpicyIP. He was also awarded the Infosys Prize 2014 in Humanities.

Prof. Basheer founded IDIA in 2010 when he was teaching in the West Bengal National University of Juridical Sciences, Kolkata. Finding most of his students to be from more privileged backgrounds, he realised the importance of diversity in legal education. He and a few volunteers went to a school in the small town of Pelling in Sikkim to spread awareness about law as a career and created the IDIA National Aptitude Test (INAT) on the spot! This was the start of the IDIA Charitable Trust.

To pay homage to Prof. (Dr.) Basheer and to remember his noble vision, IDIA Punjab Chapter organizes Fundraiser Art Competition to contribute to the training of the underprivileged children and taking them a step closer to manifesting their dreams.

ELIGIBILITY CRITERIA

The competition is open to all Indian students pursuing any undergraduate/postgraduate degree. The competition is not restricted only to law students.

THEMES FOR THE ART COMPETITION

  1. Prof.(Dr.) Shamnad Basheer – Portrait
  2. Elitism in Education – Road to Inclusivity
  3. The Black Lives Matter movement
  4. LGBTQIA rights
  5. Youth and Mental Health
  6. Law and Social Change in India
  7. International Literacy Day (8th September): How far have we come
  8. Indian Constitution: The  Legacy of B.R. Ambedkar
  9. Frontliners in the War against COVID-19

DEADLINES

  1. Last date for registration is September 19th.
  2. The last date for submission is September 29th.

REGISTRATION FEE

Registration fee for the Art Competition is Rs. 100.

SUBMISSION GUIDELINES

Individual attachments: Name; contact details; current academic status (Year, University etc.); undertaking as to guarantee of originality.

The file name must consist only the name of the artist.

Any form of artwork can be created by the participants including posters, sketches, paintings, etc.

To submit the artwork via email, send a scanned soft copy/a good quality photograph of the artwork in JPG format.

Digital Art Entries may also be submitted in any suitable format.

In the body of the email, the participants must specify their chosen theme. They may also write a small description of their artwork not exceeding 100 words (optional).

Plagiarized work shall be rejected.

The Email ID where the submission is supposed to be sent is: rgnulteam@idialaw.org

PRIZES

Every participant shall receive an e-certificate of participation and top 3 entries will receive e- certificates of merit. Selected entries may be considered for publication on the IDIA website. In addition, the top 2 contributors shall also be entilted to the following awards:

The  1st prize is a Rs. 1000 cash prize. The 2nd prize is a Rs. 500/- cash prize.

REGISTRATION PROCESS

Please register via the following google form for the Art Competition. https://forms.gle/ukcCo94wLx2KLgFA7

Payment to be made at +918800450916 via Google Pay or Paytm UPI.

A screenshot of the same along with the transaction ID must be submitted in the registration form.

CONTACT

Tanya Mayal (Team Leader) mayaltanya@gmail.com +918196019150

Arnav  Tandon (Deputy  Team Leader,  Social  Media and Fundraiser Team) arnavtandon@gmail.com +918800450916

Brochure-Art-CompetitionDownload

For more info. https://www.idialaw.org/

Call For Blog Posts: JLMPG

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About the Blog

JLMPG BLOG is a blog run by Journal of Legal Methodology, Policy and Governance with an aim of providing the students and member of the legal arena with a platform to express their opinions.

Submission Guidelines
  1. Articles dealing with the “Contemporary Law & Policy Issues” either explain normative trends or propose unique solutions to current problems are preferred.
  2. Articles must involve a clear identification of issues and must attempt to critique or resolve them in a logical manner.
  3. Word limit of the article must be 500-1000 words typed in Font Size 12 in Times New Roman with 1.5 Line Spacing and justified. Furthermore, the margins should be 1” from all sides.
  4. The footnotes must uniformly conform to Harvard Bluebook 19th Edition and must be typed in Font Size 10 in Times New Roman with 1 Line Spacing. Endnotes or speaking notes are discouraged.
Submission Procedure
  1. In order to facilitate independent, innovative dialogue on law and their social implications, we invite students as well as professionals to contribute in the blog.
  2. All the submissions must be sent in MS Word document to submitjrnl@gmail.com
  3. The Subject of the mail should be “Submission For Blog”.
  4. Authors must include their full name and institution/organization in the cover letter.
  5. The Editorial Board of the  Journal of Legal Methodology, Policy and Governance conducts a strict editorial review of submissions received and holds absolute discretion in determining whether to accept a submission or not.
Important Policy
  1. The submission must be original unpublished work and it should not be simultaneously considered at any other place.
  2. Upon submission, the manuscript shall be the property of the Journal of Legal Methodology, Policy and Governance for any subsequent publication/reprint/derivative work.
  3. Journal of Legal Methodology, Policy and Governance possesses the right to reject entries which do not conform to the Guidelines for Submission.
  4. The author shall be presumed to have obtained necessary permission from cited authors in case a cited work is unpublished
  5. Journal of Legal Methodology, Policy, and Governance reserves the absolute rights to cancel, defer, or postpone indefinitely, the publication in the event of the accruing of any incident, natural or man-made.
  6. In case of any dispute, the decision of the  Journal of Legal Methodology, Policy and Governance shall be final and binding.
  7. The Editorial Board shall not be responsible for any material that is libelous or scandalous.
  8. The Editorial Board may review the accuracy of the citation but the responsibility rests with the author.

Note: The Respective Blogs will appear on the official website of the Journal for which the link is provided below.  Further, Journal will NOT charge any fee for the said publication.

Further, NO CERTIFICATES will be given for Blog Posts.

Contact

For any queries, please contact us at submitjrnl@gmail.com with the subject line “Query”

For more information visit here https://jlmpgofficial.wordpress.com/call-for-blog-posts/

International Interactive Webinar on Careers in Alternative Dispute Resolution

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About MediateGuru

Mediate Guru is a social initiative led by members across the globe. The aim of the organisation is to bridge the gap between general public and litigation. Here our organisation comes into the picture. We are creating a social awareness campaign for showcasing mediation as a future, having successfully conducted various international webinars on promoting Alternative dispute resolution, having a reach in more than 40 countries around the world, we aim to provide the best lecture through the best speaker throughout the globe so that you have a valuable addition today.

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.

About the Speaker(s)

1) Ms. Amanda J. Lee FCIArb

(Solicitor in U.K and U.S. Supreme Court

Founder of Career in Arbitration)

2) Ms. Maria Camila Hoyos

(Counsel at CMS Dispute Resolution in Lisbon

Deputy Chair ABA International law section)

Note: E-Certificate will be provided to participants who will fill the attendance form at the end of the session.

Platform

The session will be hosted through WebinarJam

Date and Timings

The Webinar will be conducted on 11th September, 2020.

5.00 PM Indian Standard Time

12.30 PM British Summer Time

12.30 PM Portugal Time

Registration

Click here to register – https://forms.gle/iNFwYE11KB2VYsNQ7

Registration Fees

Kindly note there is no registration fee for the webinar.

Contact info:

For any query mail us:

admin@mediateguru.com

admin@licitelite.com

International-interactive-Webinar-on-careers-in-alternative-dispute-resolutionDownload