Month: September 2020

Internship Opportunity at Amaresh & Amaresh Law Associates & Pranyas Foundation, Delhi: Applications Open! About Amaresh & Amaresh Law Associates

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About Pranyas Development Foundation

Pranyas Foundation is an organization that works for child development and human right protection. The foundation conducts regular sessions for awareness and also provides legal aid services.

About the Internship

Amaresh & Amaresh Law Associates and Pranyas Development Foundation have come up with a two months dual extensive full-time internship program.

Preparing case-briefs, research notes, practical assistance, client assistance & articles writing shall govern the nature of the internship. Accompanying to the court in favorable circumstances shall also help in attaining exposure towards litigation.

Number of Vacancies

4

Eligibility

We are looking at taking interns from 3rd year onwards in a 5-year course and 1st year onwards in a 3-year course.

Stipend

The stipend will be based on the performance and the contribution of the intern towards the office work.

Nearest Metro Station

Lajpat Nagar metro station is a 2 minutes’ walk from the office.

How to Apply?

Interested one is required to send mail mentioning their Name, Mail Id, Contact Details including WhatsApp Number and Duration of Internship along with their updated CV and Formal Cover Letter expressing their interest to be part of the online internship and Sample Article or Write-Up of maximum 500-words on any topic of the law so that work will be allotted accordingly to contact[at]pranyas.org and cc to anshuman[at]amareshassociates.com.

Duration

The internship will commence on 7th September 2020.

CfP: Supremo Amicus VOLUME 21+ 20th Research Paper CompetitionINDEXED(Google Scholar), PIF:6.242 [Prize Worth Rs. 30k + Internship]: Submit by 20th September 2020

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Supremo Amicus

Publication Impact factor: 6.242, Indexed in 14 Databases including Google Scholar ( 1000+ Publications) click here (https://supremoamicus.org/indexing/)

It gives us great pleasure in announcing that since 2017, the journal has received great response from students from prestigious institutions all over the country contributing their research work to the journal. Their contribution to the academia and the success of Supremo Amicus is duly acknowledged and appreciated. We have published more than 1000+ Paper. Short glance of top Institute Publication.(old Stats)

1. NLSIU,Bangaluru : 5 Publication

2. NALSAR,Hyderabad : 3 Publication 

3. NLIU,Bhopal : 3 Publication

4. WBNUJS,Kolkata : 4 Publication 

5. NLU,DELHI : 5 Publication

6. NLU, Jodhpur: 5 Publication 

7. GNLU , Gandhinagar : 10 Publication

8. All other NLU’s : 42 Publication

9. IIT,Kharagpur : 1 Publication 

10. Symbiosis Law,Pune : 40

11. Amity Law School,Noida : 27

12. School of Excellence,Tamil nadu Dr. Ambedkar Law Uni. :28 Publication

13. Army Institute of Law : 12Publication

14. UPES, School of law, Dehradun: 33 Publication.

15. NMIMS,Kriti. P Mehta School Of law : 8 Publication

16.KIIT SCHOOL OF LAW , KIIT UNIVERSITY : 22Publication.

17. Corporate Lawyer at Cyril Amarchand Mangaldas, Mumbai

18. Associate,Samvad Partners 

Supremo Amicus (ISSN NO. 2456-9704) is an online peer-reviewed international journal of the law. It is Monthly Published Journal which journal seeks to provide comprehensive information on different aspects of the legal and scientific field. It focuses on the advancement of science and law and the various challenges which are before us in these fields.

Science and law are the disciplines the prime purpose of which has been to understand human nature, to regulate society and to remove various obstacles to make day to day working easy. Both the disciplines exist for humans and not humans for science and law. With this background, the journal focuses on the growth in these fields.

The Editorial Committee of “SUPREMO AMICUS” (Volume 21+ 20th Research Paper WritingCompetition ) hereby invites articles and book reviews on the law from academicians, advocates, and research scholars and Judges.

For Previous Publication Volume 20 : https://supremoamicus.org/journal-1/

Theme

Open Theme: Any Topic related To law.

Instructions for Paper Submission

The submission should be on any theme relating to Law.

  • The quality-based selected paper will be published in the form of E-Journal with International serial Standard Number.
  • Only full papers submitted on or before the deadline shall be considered for publication.
  • Authors are requested to adhere to following word limit:
  • Long Articles: 4000-8000 words (excluding footnotes).
  • Short Articles: 2000-4000 words (excluding footnotes).
  • Case comment: 1500 words (excluding footnotes).
  • Book review: 1000 words (excluding footnotes).
  • The articles must be at Times New Roman, Font Size 12, 1.5 line spacing, on an A4 sheet with 1” margin on all sides, to be sent in .doc/.docx format.
  • A uniform style of the citation must be strictly adhered to while submitting the paper.
  • The content of the articles should be original and no plagiarized material should be sent for publication. Author is liable for any infringement.

All manuscripts submitted shall accompany:

  • A cover letter with the Name(s) of the Author(s), Institution/Affiliation, the Title of the Manuscript and Contact Information including an Email Address and Mobile Number.(Word file)
  • Declaration/Copyright form:- https://supremoamicus.org/wp-content/uploads/2020/05/Copyright-Form.pdf
  • Complete Manuscript with abstract (Word file)
  • No name or any type of affiliation is to be mentioned on manuscript otherwise it will lead to disqualification

EVENT DETAILS (More Precise)

1. No need of prior registration or any kind of payment.

2. Directly submit your work with aforesaid documents, Your work will be reviewed ,if selected for publication, you are required to pay requisites charges.

3. E-copy of Publication + E-Certificate(Certificate of Publication) + E-Certificate (Certificate of Participation in the 20th Research paper Writing Competition)+ if any prize in the competition.

Publication will be available online at this page.

4. After publication,your paper will be transferred to  20th research paper writing competition (At no extra cost),prizes are mentioned ,if your work is selected for any prizes, It will be issued along with E–certificate of Publication+ E-Certificate of Participation+E-Certificate of Merit.

No hardcopy of Publication and certificate is to provided.

Schedule of Publication: Live Publishing

Date of commencement for Live Publishing: 10th September

Your work will be published and  E–certificate of Publication+ E-Certificate of Participation in 20th Research paper Writing competition will be provided within 10 days of completion of requisite formalities.

Result of Competition: 20th October 2020

Rewards

  • First Prize (Best Research Paper): Gold Medal+Rs. 2500 Cash + 1 free publication + 1 free course +  E-Certificate Of Merit+E-Certificate of Publication+E-Certificate of participation+Internship opportunity with Supremo Amicus(Online)
  • Second Prize: Silver Medal +Rs 1500 cash +1 free publication + 1 free course+ E-Certificate Of Merit+E-Certificate of Publication+ E-Certificate of participation+Internship opportunity with Supremo Amicus(Online)
  • Third Prize: Bronze Medal+Rs 1100 Cash + E-Certificate of Merit+ E-Certificate of Publication+ E-Certificate of participation +Internship opportunity with Supremo Amicus(Online)
  • Top 10 entries will receive the consolation Prize (E-Certificate of Merit + E-Certificate of Publication+ E-Certificate of participation+50% off in next publication+50% off in one Course)
  • E-Certificate of Publication+ E-Certificate of participation+E-Copy of Publication(All author whose Work is Published)
  • The only Papers which are published by SUPREMO AMICUS in Volume 21 will be transferred for the 20th research paper writing competition.
  • Processing /Registration Fee
  • Paid by contributors whose work has been selected for publication.
  • Indian delegates:
  • Single authored paper: INR 1200
  • Co-authored paper: INR 1600
  • Co-author upto three : INR 2100
  • Submit at submission@supremoamicus.org
  • Note: No acknowledgement email will be provided. The Acceptance/Rejection email will be sent within 3-6 days. Kindly take follow-up only if you do not receive the results of review in 3-6 days.
  • How to Submit
  • All submissions must be sent to submission@supremoamicus.org and must be attached with a covering letter mentioning the name of the author, occupation, title of the submission, mobile phone number and contact address, for future reference.
  • The publication will be available on www.supremoamicus.org

Deadline

The submissions should reach us on or before 20th September 2020.

Contact

For Query Contact Below:

IJLRA: CALL FOR JOURNAL PAPER’s

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About the organization

The IJLRA is a peer-reviewed open-access academic law journal, published by the students of law colleges across the country. Our goal is to encourage research and academic writing by providing a platform for legal discourse.

Submission Guidelines

Content: The journal allows entries pertaining to legal work or purely social analysis of a subject matter relevant in the field of law. However, posts that establish an inter-discipline between law and other areas of law are preferred. The entries must showcase the original work of the author that adds to the present literature on the subject matter. All the authors are requested to send only original content. Additionally, all submissions must contain some novel analysis comprised of the author(s)’ views and which adds to the existing literature on the subject but must not be a simple descriptive/informative piece, or a compilation of content from different sources. The submissions which are approved in a review shall go through the necessary process of Plagiarism Check.     

Cover Letter: All the submissions must be sent to info.ijlra@gmail.com. All submissions must be accompanied by a cover letter containing the name of the author/s, institutional affiliation, title and category of the submission, and a contact address of the author, including the e-mail address and the phone number. Submissions should be sent as MS Word (.doc format) attachments with the title of the article as the file name.     

Details of the Author: The Journal follows a double-blinded peer-reviewed system, and thus, the submission shall not contain any information related to the author such as Name, Institutional Affiliation, Contact. 

Style Guidelines

Word Limit: IJLRA acknowledges and accepts all the materials that are original work of the author(s) and deals with any area of law. It does not restrict submissions to a particular field of law. 

Short Articles: 2000 to 4000 words

Articles: 4000 to 8000 words 

Essays: up to 5000 words

Case Comments & Book Reviews: 1500 to 3000 words
The references shall be footnoted, hyperlinks and endnotes are not accepted. The word limit may be relaxed in exceptional cases.    

Form of Submission: Submissions must be in electronic form. All submissions must be word-processed, 1.5 line spacing in Garamond, font size 12, and justified. Footnotes can be done in any unifrom method of citation and must be single-spaced in Garamond, font size 10, and justified.

Title: 14 Bold All Caps

Sub-Headings: 13 Bold Italicized

Abstact: Italicized     

Publication & Review Policy

Indian Journal of Legal Research & Advancements publishes six issues in a year. A call for paper is issued in the interest of authors to inform about the same.

Copyright: Once a submission is selected for publication, the Author (s) is/are required to pay the fee for publication, and copyright of the article shall be transferred to IJLRA. No separate form is to be signed, whereas authors hold the moral right to the article and have to adhere to common creative license stated under open access policy. The intellectual rights of the article reside with the Author.


Withdrawal of Submission: To withdraw a submitted manuscript, Author (s) is/are required to inform the editorial board via mail. The Journal has no objection to such requests. However, the charges paid will not be refunded because we give ample time to the Author (s) to decide whether they want to publish their research with us and to make the requisite payment. Once a manuscript has been published, It cannot be removed or withdrawn. It is requested that the authors convey their request well in advance.

Review Process: Team of the Journal promptly acknowledges the receipt of submissions, and a decision on the manuscript takes around 14 to 21 days.

All submissions made to the Journal are sent for a double blinded-peer review. 

The authors can request an expedited review of the submissions, but the editorial team shall decide to reward such a request. The editorial team shall take a minimum of 3 days for communicating its decision on manuscript submissions asking for expedited reviews.   An intimation of the Acceptance or rejection shall be followed with feedback and critical comment regarding the manuscript. An acceptance with modification shall allow the Author to carry out the necessary changes and re-submit the article.   Submissions may be accepted/rejected based solely on the discretion of the Editorial Board. Relaxation of any rules regarding submissions is subject to the discretion of the Board of Editors.


PUBLICATION FEES: No Publication Fee shall be charged for publication of the selected manuscripts in Volume 1, Issue 1

Please send your queries or requests for clarifications to info.ijlra@gmail.com. 

For more information visit here https://ijlra.org/

 

Indian Journal of Law and Development

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About the organisation

The Indian Journal of Law and Development (IJLD) is an open-access student-edited blind peer reviewed interdisciplinary journal. The Journal is expected to be a platform for the academicians and students from the legal fraternity to present their ideas.

IJLD seeks to provide an interactive platform for publication of Short Articles, Long Articles, Book Review, Case Comment, Legislative Comment and Research Papers in the field of Law and Development.

The aim of this journal is to spread legal awareness and to bring out and propagate the opinion of the legal fraternity so that the developments in the legal field help in imparting justice at every level and to every section of the society.

Submission Guideline

Indian Journal of Law and Development aims to spread legal awareness and to bring out and propagate the opinion of the legal fraternity so that the developments in the legal field help in imparting justice at every level and to every section of the society.

Submission Category

  • Short Articles: (1000 – 2500 words including footnotes)
  • Long Articles: (2500 – 4000 words including footnotes)
  • Research papers: (3000 – 10000 words including footnotes)
  • Legislative Analysis: (1000-3000 words including footnotes)
  • Book Reviews: (1000-2000 words including footnotes)
  • Case Commentaries: (800-2000 words including footnotes)

General Guidelines

Submissions must be in MS Word (.doc or .docx) format only. Submissions made in any other format shall not be considered.

The article should be the original work of authors and must be unpublished.

Co-authorship is allowed up to a maximum of 2 authors. Both single and co-authored (a maximum of two authors) entries shall be accepted. Only one submission per author is allowed. In case of multiple submissions by an author, all the manuscripts submitted by the author shall be rejected at the outset. In case any author submits multiple papers either with same author or with a different author, all the papers submitted by the author shall be rejected out rightly.

The authors are requested to refrain from mentioning the name, institutional affiliation, or any other detail of the author(s) in the document to facilitate the double-blind review process.

The submission shall be accompanied by another word document comprising of a cover letter mentioning the name of the author/s; name and address of the Institution/College/University; designation; year of study and Email ID.

All the manuscripts shall be submitted in English Language only. The language used must be formal and clear, adhering to the submission guidelines of the Journal along with the declaration to the effect that the work is an original and unpublished work of authors.

The author will receive an acknowledgment within 24 hours of the submission. However, the Editorial Board may take up to 7-14 days to respond to submissions.

The submission shall be grammatically correct, non-plagiarized and free from any spelling mistakes.

Decision of Editorial board shall be final.

All the submissions must be made at editorialboard.ijld@gmail.com adhering to the guidelines mentioned.

Formatting Guidelines

ABSTRACT- All the entries shall be accompanied with an abstract which should be of 250- 300 words, explaining the main idea, objective of the article and the conclusions drawn from it. The Abstract must include the author(s)’ name and college/institution as a footnote. The abstract has to be provided in a separate file.

MAIN TEXT – Times New Roman, font size 12, 1.5 spacing, justified alignment, with a margin of one inch on all sides.

FOOTNOTES – Times New Roman, font size 10, single line spacing. Substantive footnotes are accepted. Speaking footnotes should be avoided.

CITATION-The Bluebook: 20th Edition shall be strictly adhered to.

Plagiarism should not be more than 25%.

There shall be no Borders.

Contact Details:

Kushagra Pandya : 7000451833

Shatakshi Saxena: 9453983747

For queries, mail at editorialboard.ijld@gmail.com

For more information visit here https://ijld.in/

Virsa Singh v. State of Punjab

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This case analysis is written by Shambhavi Shree, a student of KIIT School of Law, Bhubaneswar (4th year).

Case Number 

Criminal Appeal number 90 of 1957

Equivalent Citation

1958 AIR 465, 1958 SCR 1495

The accused person was tried under Section 302 of the Indian Penal Code, 1860 individually and jointly with five other accused under Section 302, 324, and 323 read with Section 149 of the Indian Penal Code, 1860. 

Bench

Hon’ble Justice Syed Jafar Imam, Hon’ble Justice P.B. Gajendragadkar, Vivian and Bose.

Decided on

11th March 1958

Relevant Act/ Section

  • Section 300(3) of the Indian Penal Code, 1860 states that if the act was done with the intent to cause bodily injury and that act resulted in causing the death of a person then it comes under the category of murder.
  • Section 302 of the Indian Penal Code, 1860 says that whoever commits murder shall be punished with death or imprisonment for life and shall also be liable to fine.

Brief Facts and Procedural History

Virsa Singh caused the injury to the deceased Khem Singh on the 13th of July 1955 at 8 p.m. Accused person made an unlawful assembly with five other persons and stabbed a weapon into the abdomen of the deceased. The abdomen of the accused was fractured and three coils of the intestines came out of the wound. Because of the injury, Khem Singh died on 14th July at 5 p.m. The doctor examined the dead body and reported that the forceful blow with a knife in the stomach of the deceased person passed through the abdomen and also caused injury to the bowels. And the damage to the body caused by the accused is sufficient to cause death.

The accused person was tried under Section 302 of the Indian Penal Code, 1860 individually and jointly with five other accused under Section 302, 324, and 323 read with Section 149 of the Indian Penal Code, 1860. 

Issues before the Court

  1. Whether the injury caused by the accused is sufficient in the ordinary course of nature to cause death or not?
  2. What was the nature of the injury?
  3. Whether the injury caused was accidental? 

Decision of the Court

At first, the Sessions Judge stated that the accused intended to cause grievous hurt. Section 300(3) is to be applied and the accused should be convicted under Section 302 of the Indian Penal Code, 1860. High Court interrupted and further stated Section 300(3) will not be applicable as the intention to cause bodily injury that was sufficient to cause death in the ordinary course of nature was not proved. The learned High Court Judges considered that the blow was sudden but later on accepted the fact after the post-mortem report of the deceased. Court referred to the case of Emperor V. Sardarkhan Jaridkhan (1916) 18 BOMLR 793, 36 Ind Cas 578[2] in which Beaman J. stated that if the death is caused by a single blow it is difficult to predict the nature of the offense caused. Supreme Court concluded that the facts and circumstances clearly state the intention to cause death. Therefore the condition under Section 300(3) of the Indian Penal Code, 1860 were satisfied and the accused person was sentenced to death under Section 302 of the Indian Penal Code, 1860.

Reference

  • https://indiankanoon.org/doc/1296255/
  • https://www.lawyerservices.in/Virsa-Singh-Versus-State-of-Punjab-1958-03-11
  • https://www.latestlaws.com/bare-acts/central-acts-rules/ipc-section-300-murder/#:~:text=Murder,-Next&text=Fourthly.,or%20such%20injury%20as%20aforesaid.

[1] Virsa Singh V. The State of Punjab on 11th March [1958 SC]

[2] Emperor V. Sardarkhan Jaridkhan (1916) 18 BOMLR 793, 36 Ind Case 578

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Constitutional Provisions and Welfare of Women

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This Article is written by Manav Sony from Amity University, Kolkata. The Article talks about certain constitutional provisions which are there for the protection and welfare of women.

INTRODUCTION

Each and every citizen at our country has been given certain rights in order to protect their interests and also to safeguard their moral values. It also helps them to protect themselves from any sort of violence which are put into the effect by the courts at our country which are subjected to certain limitations. Women are considered to be equal to men at our society. Women also deserve equal rights as compared to men. Each and everyone are treated equally in the eyes of supreme law. Out of all these certain fundamental rights, there is a right to equality that is given to each and every citizen which protects them from any sort of discrimination and also from any other gender equality issues which they might face due to poor mind of the society.[1] Women need certain important provisions so that they feel safe in the country and thus they can move freely anywhere. We do not have proper set of rules for the welfare of women. When rape convicts are held guilty, they are just given a small imprisonment punishment and not death penalty because we still don’t realise how women are important. They face oppression and are victim of various offences going on at our country. India is the leading country in crimes against women as compared to other countries. If we compare other countries with India, we can see that the other countries have quite stricter laws. If we look into countries like Saudi Arabia, Iran, USA, UAE and all other renowned countries, they have a stricter law and order.[2] If you commit any offence in these countries, either your hands are cut off or you are given instant death penalty. But in India, you have to wait for around 5-10 years and then only you will get justice and nothing else. This is the reason why India is lagging behind in protection of women’s rights. The Indian Judiciary needs to learn a lot from other countries so that women feel free at their own country. In this article I will be talking about some of the provisions which are there but still women are not satisfied with these provisions. We still witness rape and all other sort of crimes against women. We have to notice one fact that the constitution of our country not only grants equal status to women, but it also gives empowerment to the state for adopting the measures of positive discrimination which goes in favour of women. Within the entire stable framework of a particular democratic polity, our laws, policies, plans and even programmes have targeted towards women advancements in various dimensions. India has ratified in dimensions of international conventions and human rights instruments which commits to protect the equality right for women. There is a strong hope that soon we will be having stricter laws to protect the women.

Constitutional Provisions and Privileges

Talking about Provisions, our constitution has certain fundamental rights and among from that they also ensure equality before the supreme law and equally protects the law and also prohibits any sort of discrimination on the basis of caste, creed, religion, sex, colour etc. Articles 13, 15. 15(3), 16, 39(a), 39(c) and 42 of the Indian Constitution are really important under this aspect i.e. Welfare of Women.[3]

If we talk about the Privileges, there are some points that come under this regard which are enumerated properly as follows:

  1. Equality before Law (Article 14)
  2. The state has no right to discriminate anyone on the basis of caste, creed, religion, sex, place of birth etc. (Article 15(i))
  3. The state should make certain important provisions which favours women and children (Article 15(3))
  4. Equal opportunity for all the citizens on the basis of employment or appointment to any office under state (Article 16)
  5. The state must direct their policy so as to secure men and also women equally on the basis of livelihood (Article 39(a)) and also equal pay (Article 39(d))
  6. To promote immediate justice on the equal basis of opportunity and also provide free legal aid through any legislation or scheme if any (Article 39A)
  7. The state should make certain provisions so as to secure just and humane work environment and even maternity relief (Article 42)
  8. The state should promote with some special care regarding education and economic interests of the weaker sections of the society and also promote them from any injustices and all other sorts of exploitations (Article 46)
  9. The state should take important steps so as to promote proper nutrition and a standard of living of its citizens (Article 47)
  10. There should be promotion of harmony and spirit of common brotherhood and also remove illegal practices which is against the dignity of women (Article 51(A) (e))

Conclusion

In a world racked by violence, woman face rape, sex related abortions, dowry abuse, blame for not bearing child, wife-battering and cruelty against wife, adultery, prostitution, eve-teasing. Other forms of torture in the form of domestic violence and outside the domain of house and murder of woman by her husband or her in laws on the one hand within the four walls of the home and by the police or executive authority and other persons on the other hand either at workplace or otherwise but outside the home. Bangles, which are synonymous with women, have been quite often used as a metaphor for shackles not only in feminist literature, but also otherwise. Gender inequity has been a prevalent condition in all cultures surpassing all other differentiations. Male chauvinism as a state of mind is so well dissipated that gender stereotypes and sexism exist even in urban subcultures just as it does, more so, overtly in rural, rudimentary cultures. Gender dynamics have largely been deepened by simple dichotomies between the sexes and its associated products and practices. From tribal to agricultural to industrial societies to organized states the division of labour has primarily stemmed from physiological differences between the sexes, leading to the power resting with the men, resulting in the established gender hierarchies. We have been gifted with a history of discrimination, subjugation and suppression. In India, it is believed that women enjoyed an equal status as men in the Vedic Period. The education of women held considerable significance, especially from works of katayana and Patanjali, The Upanishads and the Vedas have cited women sages and seers. But the condition declined considerably afterwards. Historical practices such as Sati, Jauhar, Purdah and Devadasis, child marriage, are a few traditions reflective of the gender imbalance in Indian society. Though these practices are largely defunct now, due to legal reform, the essence of the dysfunctional gender equity still is rampant and manifested today through domestic violence, trafficking, dowry deaths, female infanticide, female feticide, sexual objectification and violence and sexual harassment at work place. Man and woman are equal parts of humanity having equal dignity and social and religious status.

[1] https://shodhganga.inflibnet.ac.in/bitstream/10603/71877/10/chapter%206.pdf. (last viewed 2nd August, 18:02)

[2] http://www.legalserviceindia.com/helpline/woman_rights.htm. (last viewed 2nd August, 18:44)

[3] http://mospi.nic.in/sites/default/files/reports_and_publication/cso_social_statices_division/Constitutional&Legal_Rights.pdf. (last viewed 3rd August, 17:13)

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Online Session on Awareness on Disability Right by Amity University & Radio Udaan

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About the Institution

Amity Law School, Amity University, Noida is an institution of repute that has always channeled its resources wisely into providing high-quality education and other developmental opportunities to its students.

The Legal Awareness and Literacy Committee acts as a channel of information by disseminating general socio-legal knowledge to the public at large, through its various camps, symposiums, workshops and seminars.

Radio Udaan

Radio Udaan is an exclusive and inclusive online radio station for people with disabilities. It was launched in the year 2014 under ‘Udaan Empowerment Trust ’. It is run by an enthusiastic team of visually challenged RJs and team members and is currently heard across 115 countries; it is the only type of Radio Station that is run by disabled people and the monthly listener statistics shuttle between 15,000 to 20,000 listeners. Your radio station’s diversity provides every piece of important information to people in a trustworthy manner which leads to transparency and easy accessibility of forthcoming issues and imparting them with valuable information.

About the Event

Online session with Dr Vipin Malhotra, Associate Professor Delhi University and Ex-President of Delhi University Physically Challenged Teachers Association on the topic related to Awareness on Disability Rights in India where we intend to discuss relevant laws, government schemes and challenges faced in the implementation of these laws.

DATE: 5 SEPTEMBER 2020
TIME : 2:00PM – 4:00PM

How to Register?

The link to the Google Registration Form is here.

The link to the Zoom meeting shall be communicated via mail on the day of the event itself.

Registrations are open till 1 pm on 5th September 2020.

Significance and Incentive Received

The benefits to be obtained from this session are:

  1. The exchange of knowledge betweenstudents, scholars and expertsthat have been working
    in this field.
  2. The spreading awareness regarding schemes related to Disability laws in India among the
    people that are in dire need of such information in these difficult times.
  3. E-certificates will be awarded to all the participants attending the session.
Amity Online Session BrochureDownload

CALL FOR PAPERS: CORPUS JURIS: THE LAW JOURNAL

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CALL FOR PAPERS VOLUME II, ISSUE III

[Submit by August 30, 2020]

After our successful edition which garnered an outreach of national as well as international students and practicing professionals, the Editorial Board of Corpus Juris [ISSN: 2582-2918] invites original and unpublished manuscripts, on a theme of your choice, for publication in Volume II, Issue III of the Journal, to be released in the month of September, 2020.

WORD LIMIT

Word Limit (exclusive of footnoting) is as follows:

  • Articles: 2000-3000 words (Abstract max. 350 words)
  • Book Review: 1500-2000 words (Abstract max. 350 words)
  • Case Comment: 2000-3000 words (Abstract max. 350 words)
  •  Research Paper: 5000-7000 words (Abstract max. 500 words)

FORMATTING GUIDELINES

Submissions must conform to the following guidelines:

  • Body of the Manuscript shall be in Font size 12, Garamond, 1.5 line spacing.
  • Footnotes shall be in Font size 10, Garamond, 1.0 line spacing.
  • Citation in footnotes in any uniform method.

SUBMISSION GUIDELINES

A word document with the Final Manuscript to be sent to editor@corpusjuris.co.in, with the subject of the email being: ‘Submission: Issue II, Vol. 3 Corpus Juris’, on or before August 30, 2020 11:59 PM. Details including the Title of the Manuscript, Name of the Author, Year of Study, College/University, and Contact Details to be mentioned in the body of the mail. We give due consideration to legal scope of the subject. Political or sociological takes should not be at the expense of legal relevance. Further, flow of the content must be logical, conveyed with utmost clarity and without any repetitive or circular arguments. Expert Reviewers make the final call on Manuscripts selected for publication.

Please feel free to direct all queries at editor@corpusjuris.co.in with the subject marked as “Query”.

PROCESSING FEE

Once a manuscript is accepted, the Authors are required to pay a one-time manuscript processing charge. The charges are as follows:

Single Author: Rs. 800/-

Two Authors: Rs. 1000/-

Three Authors: Rs. 1200/- 

MANUSCRIPT REVIEW GUIDELINES

We conduct plagiarism checks and give due consideration to legal scope of the subject. Political or sociological takes should not be at the expense of legal relevance. Further, flow of the content must be logical, conveyed with utmost clarity and without any repetitive or circular arguments.

We have a dedicated Panel of Reviewers who give comments on each manuscript received. The final call on Manuscripts selected for publication vests with the Editorial Board.

FOR MORE INFORMATION VISIT HERE https://corpusjuris.co.in/

Emperor v. Mt. Dhirajia

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

Case Number

42 Cri. L.J. 146

Judges

Braund, J.

Decided On

04/06/1940

Citation

AIR 1940 All. 486

Relevant Act

 Sections 299, 300, 302, 304 and 309 of the Indian Penal Code, 1860.

Section 307 of the Criminal Procedure Code, 1973.

Facts

Mt. Dhirajia, a young married woman, lived in a village with her husband Jhagga and their six months old baby daughter. 

The husband did not treat the wife well and threatened to beat her. There were frequent quarrels between the two.

He also objected to his wife visiting her parent’s house in Bhagatua and then later that night, Jhagga woke up and found his wife and the baby missing. He went out in pursuit of them and when he reached a point close to the railway line, he saw her making her way along the path.

When she heard him coming after her, she turned round in a panic, ran a little distance with the baby girl in her arms and then either jumped or fell into an open well which was at some little distance from the path.

The little child died while the woman was eventually rescued and suffered little or no injury.

Mt. Dhirajia was charged with the murder of her baby and with an attempt to commit suicide herself by the Sessions judge. 

Procedural History

The case began when a mother jumped inside well with her six-months old baby girl, in panic, when she heard her husband calling her from behind, as she was leaving his house. The couple did not share a good relationship and the husband would even threaten to beat the wife. Although the wife was saved, the baby had died. The wife was held with the charges of attempt of suicide and murder of the child. The result of the trial for attempted suicide by the jury was that she was found not guilty. The learned Judge was unable to agree with the verdict of not guilty upon the charge of attempted suicide and he has therefore referred the case to the Allahabad High Court under Section 307 of the Criminal Procedure Code, 1973 with the recommendation that the jury’s verdict should be set aside and that the appellant should be convicted under Section 309, I.P.C., as well as under Section 302. In this way, the Allahabad High Court had before them the appellant’s own appeal against her conviction and the learned Sessions Judge’s reference recommending the Allahabad High Court to set aside the verdict of the jury and to substitute a conviction upon the charge of attempted suicide as well. 

Issues Raised

Whether her act of jumping inside the pool was an attempt to commit suicide?

Whether she will be convicted of the murder of her own child?

Whether while doing the act she had the “knowledge” that she was likely to cause death?

Ratio Decidendi

Indian Penal Code, 1860.

Section 299. Culpable Homicide – Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide.

Section 300. Murder – Except in the cases hereinafter excepted, culpable homicide is murder—

  1. If the act by which the death is caused is done with the intention of causing death, or
  2. If it is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused, or
  3. If it is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death, or
  4. If the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death, or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid.

Section 302. Punishment for murder – Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine. 

Section 304. Punishment for culpable homicide not amounting to murder – Whoever commits culpable homicide not amounting to murder shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death;

Or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death. 

Section 309. Attempt to commit suicide – Whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with simple imprisonment for a term which may extend to one year or with fine, or with both.

Criminal Procedure Code, 1973

Section 307. Power to direct tender of pardon – At any time after commitment of a case but before judgment is passed, the Court to which the commitment is made may, with a view to obtaining at the trial the evidence of any person supposed to have been directly or indirectly concerned in, or privy to, any such offence, tender a pardon on the same condition to such person.

Judgment

The Allahabad High Court is of the opinion that Mt. Dhirajia had no intentions to kill the child and her act was a result of the panic that she was in. However, the charge of attempted suicide on Mt. Dhirajia was rightly acquitted. In this case, her actions were an act of committing suicide. So, she was rightly acquitted under Section 309 of the IPC. The Allahabad High Court was unable to accept the judgement given by the Sessions Judge and the verdict of not guilty passed by the jury stood firm thereby substituting the convictions under Section 302 for that under Section 304 of the Indian Penal Code. 

It is obvious from the facts that this is not a case deserving severe punishment. It was also rightly pointed out that the woman did not know that such an act of hers would lead to the death of her child. The unfortunate woman had already been in prison for eight months and the Allahabad High Court deemed that the proper verdict would be that she should be sentenced to undergo six months’ rigorous imprisonment which, in effect, means that she will be released at once unless she is proven guilty of some other charges.

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27th M. C. Chagla Memorial Government Law College National Moot Court Competition [Oct 31-Nov 1]: Register by September 15

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About the Moot

Government Law College, Mumbai in association with the Chief Justice M. C. Chagla Memorial Trust is pleased to announce the 27th M. C. Chagla Memorial Government Law College National Moot Court Competition to be held on 31st October & 1st November 2020.
The Mooting Committee of Government Law College has been hosting the M. C. Chagla Memorial Moot Court Competition for several years. It began as a city-level Moot Court Competition, which was later expanded to a state-level competition. Due to the overwhelming response that we have been receiving, the Competition, since its 18th edition, has been raised to a national platform.
The Late Mr. M. C. Chagla was appointed as the First Indian Chief Justice of the Bombay High Court. He also served as the Ambassador to USA, Mexico, Cuba, Vice-Chancellor of the University of Bombay, High Commissioner to England, and Union Minster for Education.
Chief Justice M. C. Chagla also served as a Professor of Constitutional Law at the Government Law College for a number of years. He worked tirelessly for the causes of civil liberty, individual freedom, and political democracy, and this Moot Court Competition promises to be a fitting tribute to his legacy.

Eligibility

Participation is restricted to bonafide law students either enrolled in the 3-year L.L.B Law course or the 5-year integrated Law course. Participation is limited to only one team per college or university. Cross college/university teams are strictly prohibited.

Location

Online

Registration Procedure and Fee Details

  • All registering colleges must provisionally register themselves by sending an email to mcchagla.glc[at]gmail.com. Only after the provisional registration has been confirmed will a link to a Google Form and details for the payment of registration fees be provided.
  • The payment of registration fees will be through NEFT in the amount of Rs. 1,800/- (Rupees one thousand eight hundred only) the details of which will be provided once the provisional registration has been confirmed.
  • All teams shall be given a “team code” by the Organisers on validation of their Registration and Demand Draft. Thereafter the teams shall use their designated “team code” for all correspondence with the Organisers.
  • The assigned “team code” must be used by the teams during the submission of Memorials and during all the Rounds of the Competition.

Important Dates

Last date of Registration and Submission of Registration Google Form (Soft Copy): 15th September 2020Last Date for seeking clarifications regarding the Moot Proposition: 25th September 2020Deadline for Submission of Memorials (Soft Copy): 6th October 2020Rounds of the Competition: 31st October and 1st November 2020

Contact Details

Email Address: mcchagla.glc[at]gmail.com; mcaglc[at]gmail.comMoot Court Association: Ms. Ruchi Wagaralkar (+91 9833898280)Registrations: Mr. Abhishek Raj (+91 9905912099), Mr. Aman Saraf (+91 9820402375)Memorials: Mr. Aman Saraf (+91 9820402375)

Official Links

For the moot proposition of the National Moot Court Competition, click here.
For the schedule of the National Moot Court Competition, click here.
For the rules and regulations of the National Moot Court Competition, click here.