Month: September 2020

Aron Saloman v. A. Saloman & company limited

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This article is written by Shivani Kumari, a student at Lloyd Law College, Noida

Decided on

16th November 1896

Citation 

 (1896) UKHL 1

Bench 

LORD HALSBURY L.C., LORD WATSON. , LORD HERSCHELL. , LORD MACNAGHTEN. , LORD MORRIS. , LORD DAVEY.

Relevant law

The companies Act, 1862 (UK)

Facts

Aron Saloman had a business as a leather merchant in England. His family includes four sons, a daughter, and a wife. His sons wanted to become his business partners, so he converted his business into a limited company under the statute established by law. A. Salomon & co ltd purchased Mr. Salomon’s business for above market value making his two elder sons as director and his whole family as a subscriber of 1 share each. Salomon allotted himself 20,001 shares a total out of 20,007 shares. The price was satisfied by £ 10,000 in debentures, conferring a charge over all the company’s assets, £ 20,000 in fully paid up £ 1 shares, and the balance in cash. Eventually, within a year the company suffered loss and went into liquidation leaving nothing for his unsecured creditors. Mr. Saloman claimed the amount of the remaining company’s assets under his retained debentures. The company’s liquidators took an action against Saloman holding him liable to indemnify the company against the company’s trading debts.

Issue

1. Whether A. Saloman & co ltd was a company under the statute?

2. Whether the company was formed to fraud and sham the creditors?

3. Whether Saloman was eligible for the claimed amount?

Ratio

The sole guide for this case is the statute itself. The act provided that any seven or more persons with a lawful purpose can constitute a company by subscribing their names to the memorandum of association. The act also states that “No subscriber shall take less than one share” here the seven members are an actual living person and are holding the required share. So, undoubtedly this is a real company. The House of Lords further stated that the company does not lose its identity if the bulk of its capital is held by one person of seven other persons, it all depends on the will of the subscribers

Decision

After several sets of proceedings in lower courts, the appeal landed in the House of Lords. The court held that A. Saloman & co ltd was legally constituted and it was not the role of judges to read limitations into the statute in a manner that they considered preferable and the companies Act 1862 (UK) did not require shareholders to be independent of the majority shareholder. Mr. Saloman was awarded the amount under his retained debentures.

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Biopiracy

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This article has been written by Shubham Khandelwal pursuing BBA.LLB from IP UNIVERSITY. In the below-given article, you’ll all get to know the necessary information about What is biopiracy, its examples, resources, legal aspects, Indian scenario, related cases, and many things more.

Bioprospecting (also referred to as biodiversity prospecting) is that the exploration of natural sources for little molecules, macromolecules, and biochemical and genetic information that would be developed into commercially valuable products for the agricultural, aquaculture, bioremediation, cosmetics, nanotechnology, or pharmaceutical industries. within the pharmaceutical industry, for instance, almost one-third of all small-molecule drugs approved by the U.S.

Terrestrial plants, fungi, and actinobacteria are the main targets of the many past bioprospecting programs, but interest is growing in less explored ecosystems (eg. seas and oceans) and organisms (eg. myxobacteria, archaea) as a way of identifying new compounds with novel biological activities. Species could also be randomly screened for bioactivity or rationally selected and screened supported ecological, ethnobiological, ethnomedical, historical, or genomic information.

The term biopiracy was coined by Pat Mooney, to explain a practice during which indigenous knowledge of nature, originating with indigenous peoples, is employed by others for profit, without authorization or compensation to the indigenous people themselves. for instance, when bioprospectors draw on indigenous knowledge of medicinal plants which is later patented by medical companies without recognizing the very fact that the knowledge isn’t new or invented by the patentee, this deprives the indigenous community of their potential rights to the commercial product derived from the technology that they themselves had developed. Critics of this practice, like Greenpeace, claim these practices contribute to inequality between developing countries rich in biodiversity, and developed countries hosting biotech firms.

In the 1990s many large pharmaceutical and drug discovery companies skilled charges of biopiracy by ceasing work on natural products, turning to combinatorial chemistry to develop novel compounds.

Examples of Biopiracy

Biopiracy of African super-sweet berries: A plant, Pentadiplandra brazzein found within the west of South Africa. It’s an important source of protein mentioned as Brazzein. People there utilize it as a low-calorie sweetener. it’s cognized to be much sweeter than sugar (approximately two thousand times). Recent developments involve isolation of the gene encoding brazzein that has been sequenced and patented within the USA.

Patenting of neem – Neem: Since the past, Neem has proved to be useful in several ways. Indians have shared their knowledge regarding neem across the world. Within the year 1994, U.S. Department, W.R. Grace received an EU patent that included various methods that are used for controlling fungal infections in plants by employing a composition extracted from neem.

Biopiracy of the Enola bean: Enola bean was named after the death of Larry Proctor, who made its patents in 1999. Enola bean may be a variation of the Mexican wax bean. The sales of this bean were commercialized in North Mexico. Thereby, farmers faced depression. A lawsuit was filed by farmers and therefore the result was in favor of farmers as ruled by U.S. Patent and Trademark Office.

 The rosy periwinkle: The rosy periwinkle was originally found in Madagascar. Now, it’s been introduced to many other tropical countries across the world. The researchers can initiate and obtain knowledge from one nation’s plant samples to other nations.

Resources and Products

  • Agriculture

Annonin-based biopesticides, wont to protect crops from beetles and other pests, were developed from the plant sweetsop.

Bioprospecting-derived resources and products utilized in agriculture include biofertilizers, biopesticides, and veterinary antibiotics. Rhizobium may be a genus of soil bacteria used as biofertilizers, Bacillus thuringiensis (also called Bt) and therefore the annonins (obtained from seeds of the plant Annona squamosa) are samples of biopesticides, and valnemulin and tiamulin (discovered and developed from the basidiomycete fungus Clitopilus passeckerianus) are samples of veterinary antibiotics.

  • Bioremediation

Examples of bioprospecting products utilized in bioremediation include Coriolopsis gallica- and Phanerochaete chrysosporium-derived laccase enzymes, used for treating beer factory wastewater and for dechlorinating and decolorizing factory effluent.

  • Cosmetics and private care

Cosmetics and private care products obtained from bioprospecting include Porphyridium cruentum-derived oligosaccharide and oligoelement blends wont to treat erythema (rosacea, flushing and dark circles),Xanthobacter autotrophicus-derived zeaxanthin used for hydration and UV protection of skin, Clostridium histolyticum-derived collagenases used for regeneration of the skin, and Microsporum-derived keratinases is used for hair removal.

  • Nanotechnology and biosensors

Because microbial laccases have a broad substrate range, they will be utilized in biosensor technology to detect a good range of organic compounds. For instance, laccase-containing electrodes are wont to detect polyphenolic compounds in wine, and lignins and phenols in wastewater.

Pharmaceuticals

Many of the antibacterial drugs that are currently used in clinics were discovered through bioprospecting including the β-lactam antibiotics, aminoglycosides, tetracyclines, amphenicols, polymyxins, macrolides, pleuromutilins, glycopeptides, rifamycins, streptogramins, and phosphonic acid antibiotics. The aminoglycoside antibiotic streptomycin, for instance, was discovered from the soil bacterium Streptomyces griseus, the fusidate antibiotic fusidic acid was discovered from the soil fungus Acremonium fusidioides, and therefore the pleuromutilin antibiotics (eg. lefamulin) were discovered and developed in the basidiomycete fungus Clitopilus passeckerianus.

Other samples of bioprospecting-derived anti-infective drugs include the antifungal drug griseofulvin (discovered from the soil fungus Penicillium griseofulvum), the antifungal and antileishmanial drug amphotericin B (discovered from the soil bacterium Streptomyces nodosus), the antimalarial artemisinin (discovered from the plant Artemisia annua), and therefore the antihelminthic drug ivermectin (developed from the soil bacterium Streptomyces avermitilis).

Indian Scenario

In an effort to guard the interest of indigenous communities, the Indian Parliament has passed several legislations for the past few decades. The National Biodiversity Act, 2002 is aimed toward protecting lore by regulating the use of such information by a foreigner, Indian citizen, and body corporate controlled by a foreigner/Indian citizen. However, while this act aims to guard indigenous knowledge, it’s been subjected to immense criticism supporting its inherent shortcomings. one of its major flaws is that it doesn’t give sufficient consideration to conservation and lays undisputed emphasis on preventing profit-sharing from the commercial use of the biological resources. While it’s true that the sub-stratum of the act is aimed toward preventing biopiracy by developed nations, the most important goal is to guard biodiversity. Another highly criticized provision mandates that an aggrieved benefit claimer is required to offer prior notice of its intention to form a complaint. Otherwise, a private is required to file a complaint to the National Biodiversity Authority, which can then take necessary action. The absence of locus standi to all or any citizens is concerning. Other legislations propagating the aforementioned cause include Section 3(p) of the Indian Patent Act 1970, which bars patent protection for inventions involving the use of lore or any duplication or aggregation of this data. Further, there’s the protection provided under the Protection of Plant Varieties and Farmers Rights Act 2001, Geographical Indication of products (Registration and Protection) Act 1999, and Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006.

Indira Gandhi stated in one of her hottest speeches: “The idea of a better-ordered world is one during which medical discoveries are going to be freed from patents and there’ll be no profiteering from life and death.” With the evolution of society, IP rights have formed an integral part of the development of the knowledge economy.

Further, “if they’re scared of revision within the laboratory, the truth will never be released except by accident”, a highly potent phrase by Barbara W Tuchman encapsulates the concept of biopiracy, in its present form. With the politicization of science, indigenous protection has been placed on the rear burner. The talk around biopiracy isn’t a replacement one, yet it continues to stay as prevalent because it was over half a century ago. because the world remains divided in its threshold of morality and ethics, so does the scientific community. While inherent shortcomings within the said agreements are often easily resolved through amendments, the difficulty of biopiracy will still attract a horizon of views, subject to inclination and sensibilities of people also as communities. Lastly, a permanent solution is going to be achieved when the yawning gap between the developing and therefore the developed countries is closed.

Legal and Political aspects

  1. Patent law

One basic and common misunderstanding is pharmaceutical companies patent the plants they collect. While obtaining a patent on a present organism as previously known or used isn’t possible, patents could also be taken out on specific chemicals isolated or developed from plants. Often these patents are obtained with a stated and researched the use of these chemicals.[citation needed] Generally the existence, structure, and synthesis of these compounds isn’t a neighborhood of the indigenous medical knowledge that led researchers to research the plant within the first place. As a result, albeit the indigenous medical knowledge is taken as prior art, that knowledge doesn’t by itself make the active compound “obvious,” which is that the standard applied under jurisprudence.

In the US, jurisprudence is often wont to protect “isolated and purified” compounds – even, in one instance, a replacement element (see USP 3,156,523). In 1873, Pasteur patented a “yeast” which was “free from disease” (patent #141072). Patents covering biological inventions are treated similarly. reasoning that U.S. law permits patents on “anything under the sun that’s made by man.” The US Patent and Trademark Office (USPTO) has observed that “a patent on a gene covers the isolated and purified gene but doesn’t cover the gene because it occurs in nature”.

2.Bioprospecting contracts

The needs of bioprospecting are set by CBD and have created a replacement branch of international patent and trade law, bioprospecting contracts. Bioprospecting contracts lay down the principles of benefit-sharing between researchers and countries and may bring royalties to lesser-developed countries. It would be difficult to make sure every individual is included. Due to this, some have proposed that the indigenous or other communities form a kind of representative micro-government that might negotiate with researchers to make contracts in such a way that the community benefits from the arrangements. Unethical bioprospecting contracts (as distinct from ethical ones) are often viewed as a replacement sort of biopiracy.

Cases of Biopiracy

  • Patenting of Neem

The patents of the fungicidal properties of Neem was a blatant example of biopiracy. But on 10th May, the ecu Patent and Trademark Office Database (EPO) revoked the patent (0436257 B1) granted to us Department of Agriculture and therefore the multinational corporation W. R. Grace for a way of controlling fungi on plants by the help of an extract of seeds from the neem. The challenge to the patent of Neem was made at the Munich Office of the EPO by 3 groups: the ECU Parliament’s Green Party, Dr. Vandana Shiva of RFSTE, and therefore the International Federation of Organic Agriculture and challenged it on the grounds of “lack of novelty and inventive step”. They demanded the invalidation of the patent among others on the bottom that the fungicide qualities of the Neem and its use have been known in India for over 2000 years, and to be used to form insect repellents, soaps, cosmetics and contraceptives and therefore the neem patent was finally revoked.

  • Syngenta’s Attempt at Biopiracy of India’s rice diversity

Syngenta, the biotech giant, tried to grab the valuable collections of twenty-two,972 sorts of paddy, India’s rice diversity, from Chattisgarh in India. It had signed an MoU with the Gandhi Agricultural University (IGAU) for access to Dr. Richharia’s priceless collection of rice diversity which he had taken care of as if the rice varieties were his own children.

  • ConAgra’s Biopiracy claim on Atta (Wheat flour)

Atta, is a  staple food and made in India, is now under threat from the corporation ConAgra who has filed a novel patent (patent no 6,098,905) claiming their rights to the atta processing method, and was granted the patent on August 8th, 2000. The tactic that ConAgra is saying to be novel has been used throughout South Asia by thousands of atta chakkis, they cannot justly be claimed as a completely unique patent.

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Exemption from Income Tax: Agriculture

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This article has been written by Navneet Chandra and gives basic information about whether to pay the taxes for there agricultural income or not.

Agricultural Income under Income Tax

Agriculture as we know is the basic yet the most beneficial practice in India. Here farming is considered as the most common occupation, especially in the rural area. And apart from producing the basic needs of a human being, some manage make profit out of it. This is where the question of Income tax comes in. Basically, the taxation is exempted from agriculture income according to Section 10(1) of Income tax Act, 1961. However, there are a few conditions that leads to payment of taxes, which will be discussed later.

What is Agriculture and Agricultural Income?

The meaning of Agriculture is nowhere covered in the Income tax Act 1961, but was interpreted by Supreme Court in the case of CIT vs Raja Benoy Kumar Sahas Roy, where the agriculture was classified into two processes.

  1. Basic operations (cultivation, sowing of seeds, planting etc)
  2. Subsequent operations (weeding, cutting, harvesting etc)

The term agricultural income can basically be understood as the revenue or profits gained from an agricultural piece of land by doing the following activities:

  1. Profits earned from a land which is being used for agricultural activities in the form of rent or lease.
  2. Profits earned by selling the productions of an agricultural land.
  3. Profits earned in the form of rent or lease from the buildings built on or near the agricultural land. However, there are a few conditions-
    1. The agriculturalist must have engaged the building.
    1. The building is being occupied as a place of residence or a storage.

Agricultural financial gain is totally exempt from tax by central government given that the individual’s i) total agricultural financial gain is a smaller amount than Rs. 5,000 and ii) the full financial gain, excluding agricultural financial gain, is a smaller amount than basic exemption limit. However State may indirectly collect taxes out of it.

Why and how is income tax generated out of agriculture land?

Income tax on the other hand is an important mechanism through which the government collect funds from its citizens for collective good as it is not possible for individuals to work separately for public welfare. The payment of tax helps the government in development of nation, improvement of infrastructure, upliftment of the society and also the welfare practices for the country, Public health, law enforcement, Public transportation, public education, Scientific research and defence expenditure. And there are multiple forms for taxation through which the collection is done, such as- Direct taxes (eg- Income tax), Indirect taxes (eg- GST), Property taxes, Entertainment taxes, Transfer taxes, Road taxes and toll taxes.

Income tax is imposed on all the people making any type of income except the incomes mentioned under Section 10 of above-mentioned Act.

Agricultural land under Income tax is primarily exempted of taxation according to the Income tax Act,1961 as we discussed earlier. However, there are other condition we can say mechanism from which income tax can be collected in this situation. This mechanism can be known as the partial integration of agricultural income with non-agricultural income. It heads at taxing the non-agricultural income at higher rates of tax

Partial Integration Method

If someone earns each agricultural and non-agricultural financial gain, then the rateable financial gain is calculated as per the partial integration methodology. The steps for computing rateable financial gain as per partial integration methodology is as follows:

  1. Compute taxation on the idea of the entire of agricultural financial gain + non-agricultural financial gain with no education cess.
    1. Compute taxation on the idea total of agricultural financial gain additionally to exemption limit (Rs.2.5 lakhs currently) while not education cess.
    1. Deduct tax at step (2) from tax at step (1) and apply education cess of three.

The above-mentioned mechanism is applicable only when a below-mentioned conditions are met:

  • Individuals, HUFs, AOPs, BOIs and artificial juridical persons have to compulsorily calculate their taxable income using this method. Thus Company, firm/LLP, co-operative society and local authority are excluded from using this method.
  • Net agricultural income is greater than Rs. 5,000 during the year; and
  • Non-agricultural income is:
    • Greater than Rs. 2,50,000 for individuals below 60 years of age and all other applicable persons.
    • Greater than Rs. 3,00,000 for individuals between 60 – 80 years of age.
    • Greater than Rs. 5,00,000 for individuals above 80 years of age.

Conclusion

Agriculture income is outlined under Section 2 (1A) and is exempt beneath the Indian tax Act. this suggests that income earned from agricultural operations isn’t taxed. the explanation for the exemption of agriculture financial gain from Central Taxation is that the Constitution offers exclusive power to form laws with relation to taxes on agricultural financial gain to the State assembly. While computing tax on non-agricultural income, agricultural income is additionally taken into thought.

Although agricultural income is totally exempt from tax, the Finance Act, 1973, introduced a theme whereby agricultural financial gain is enclosed with non-agricultural financial gain within the case of non-corporate assesses who are entitled to pay tax at specific block rates.

A method has been listed below to levy tax on agricultural financial gain in associate indirect way. this idea is understood as partial integration of taxes. it’s applicable to people, HUF, unregistered corporations, AOP, BOI and artificial persons. 2 conditions which require to glad for partial integration are:

  • The net agricultural financial gain must exceed Rs. 5,000 per annum, and
  • Non-agricultural income must exceed the maximum quantity not indictable to tax.

It is true that it’s untaxed however the liberty arises neither by virtue of a rise within the tax threshold, that remains place at Rs 50,000, nor by exemptions offered by Sec. 10. It attracts rebate beneath the freshly inserted Sec. 88D. Clearly, despite agricultural financial gain being untaxed, assesses ought to be further careful whereas coping with such financial gain. they have to ensure that they mixture agricultural financial gain with their total financial gain to avoid interest payments and potential penalties for concealment of financial gain. Assesses should additionally maintain credible records to supply the tax authorities with proof of possession of agricultural land and proof of earning agricultural income.

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Kapur Singh v. State of Pepsu

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This case analysis is made by Bhavna Arul, a fourth-year law student from Symbiosis Law School.

Case Number

Criminal Appeal No. 78 of 1954

Bench

Bhagwati, Jagannadhadas, V Ayyar, JJ) 

Decided on

15/9/1954

Citations

AIR 1956 SC 654 / 1956 CriLJ 1265

Facts

The father of the accused and the father of victim had gotten into a fight. This fight led to the father of the accused getting severely injured to the extent of having his leg amputated. The accused, Kapur Sigh, was hence enraged by the amputation of his father’s leg and wanted to take revenge. After planning for a long time, Kapur Singh took the help of his friend Chand Singh to plan his revenge on the victim. 

On 30th September 1952 Kapur Singh with the help of Chand Singh forcefully held the victim inflicted injuries upon him with a gandasa. The victim was hit over 18 times on his hands and legs. These wounds inflicted led to the death of the victim. The accused, Kapur Singh absconded after the incident.

Procedural History

Kapur Singh had initially absconded. Meanwhile, Chand Singh was charged for murder under Section 302, IPC and was given a sentence of transportation of life.  

Kapur Singh was later arrested and tried. The sessions court held him liable under Section 302, IPC and he was given the death sentence. The death sentence was confirmed by the Punjab High Court. The current judgement analyzed was passed by the Hon’ble Supreme Court which taken on appeal.

Issue

Whether the appellant had the intention to kill as per Section 300 (intention to murder) or not?

Rule

Section 32, IPC- Common Intention

Section 299, IPC- Definition Clause- Culpable Homicide

Section 300, IPC- Definition Clause- Murder

Section 302, IPC- Punishment Clause- Murder

Section 304, IPC- Punishment Clause- Culpable Homicide

Ratio Decidendi

The Supreme Court based its decision on the distinction of the meanings of Culpable Homicide and Murder.

When we look at the definition sections of murder and culpable homicide, it reads as follows-

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, if the act by which the death is caused is done with the intention of causing death, or—

—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—

—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—

—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.

The definitions of both may sound the same as both of the definitions talk about 2 key ingredients- the intention to cause death and an act that has caused death. However, culpable homicide is considered less severe than murder as the gravity of intention to cause death in culpable homicide is lower than the intention to cause death in murder. 

The judgement of the Supreme Court was reasoned on the following factors-

  1. The injuries inflicted on the victim were only on his arms and legs. 
  2. There was no injury recorded on any vital organ.
  3. The intention was only to cause grievous hurt on arms and legs of the victim.
  4. However, any reasonable person will know that gruesomely hitting someone 18 times will result in death of the person.
  5. There was no clear intention to kill the victim.  

Judgment

The Hon’ble Supreme Court overruled the judgement of the Session’s Court. It held the accused liable of Culpable Homicide under Section 304(1), IPC and set aside the sentence of the Session’s Court and changed it from death penalty to life imprisonment. 

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Call for Members: Lawcian

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Opening in the Graphics Team

Position- Graphic board member

Eligibility– any student in the U.G.\ P.G. course is eligible to apply.

Tenure– 2months

Perks– certificate of Completion on the successful Completion of the said period. certificate of Appreciation(performance based).

Application procedure– send your updated resume at Lawcian55@gmail.com along with 2 samples of graphics designed by you. Application is open till 5th September, 2020, till 5 p.m. 

Opening in the Research and Editorial Team

Position- Research and Editorial member

Eligibility– student in the 3rd, 4th or 5th year of 5 year law course/ 3rd year of 3year law course is eligible to apply.

Tenure– 6 months Perks- certificate of Completion on the successful Completion of the said period. certificate of Appreciation(performance based).

Application procedure– send your updated resume at Lawcian55@gmail.com along with a copy of one of your published work. Application is open till 5th september, 2020, till 5 p.m.

NOTE- mention the position you are applying for, in the application

CALL FOR PAPERS@JLSR JOURNAL [VOLUME 2, ISSUE 1] : SUBMIT BY NOV 1ST, 2020

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ABOUT THE JOURNAL

Journal for Law Students and Researchers [JLSR]  is an Online Journal with ISSN[O]: 2582-306X and 8 indexings, which is quarterly, Peer-Reviewed, published online and JLSR seeks to provide an interactive platform for the publication of Short Articles, Long Articles, Book Reviews, Case Comments, Research Papers, Essays in the field of Law.

JLSR welcomes contributions from all legal branches, as long as the work is original, unpublished, unplagiarized and is in consonance with the submission guidelines.

NATURE OF CONTRIBUTIONS

Articles: An article must conduct a complete analysis of the area of law, which the author seeks to highlight. It must contain a comprehensive study of the existing law with the suggestions and conclusions of the Author. Word Limit being 1,100 to 4,000 words.

Notes: A note is a relatively concise form of an argument advanced by the author. The focus of a note should be on a relatively new debate or controversy regarding the interpretation or implementation in the law. Notes shall primarily highlight contemporary issues, which need to be addressed, and the authors are expected to offer a solution. The maximum word limit for a manuscript in the form of note is 1,500-2,500 words.

Comments: A comment is where the author may decide to critique any recent/landmark judicial pronouncement or any recent legislation or bill before the Parliament or State Legislature. The word limit for a comment is 2,000-3,000 words.

Book Review: A Book Review is where the author identifies the central idea of the book, gives the reader indication of the author’s style, approach, or premises, and then offers an overall evaluation adding suggestions and latest amendments to the given laws in the book. The word limit is from 2,000-3,000 words.

DATES

Last date for full paper submission: 1st November , 2020 (Submissions should be made in Word Doc.)

Intimation of the selection of Full Paper: Within 2 days of submission.

SUBMISSION GUIDELINES

Citation Format: The citation format to be followed is The Bluebook (19th Ed.)/Any Standard Format.

Abstract: Every submission should be accompanied by an abstract of 250-300 words describing the relevant conclusions drawn in the manuscript.

Papers with plagiarism less than 25% are only eligible for publication.

Font Style: Times New Roman and font size 12.

PUBLICATION FEE

Single Authored: 800/-

Co-Authored: 1000/-

MODE OF SUBMISSION

Submission of the full article/paper along shall be made by sending an e-mail at editor.jlsr@gmail.com.

CONTACT INFORMATION

9136804644

E-mail: jflsrjournal[at]gmail.com

The website link is here.(www.jlsrjournal.in)

LawMaker Partnership Program

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About The Program

LawMaker, founded in 2017, is one of India’s leading Legal Test Prep & Skill Development Portal. As part of our expansion program, we are looking for Independent Business Partners to expand our reach amongst young law aspirants and law students.

We have various programs & offerings for both law students and law aspirants in both online and offline mode at various locations throughout India. 

Who Can be a Partner?

An organization or media agency or influencer with a track record of quality audience and content and an online presence of over 2 years.

Presence on one or more platforms (viz. YouTube, Instagram, Facebook etc) with a sizable/significant audience size.

Willingness to associate for a minimum tenure of 11 months.

How the Partnership Works?

Commission Ranging from 15% to 51% on selling our programs, depending upon the category and volume of products sold.

For example (30 Sales Per Month x 20,000 x 50% Commission = Rs 3,00,000 per month)

Monthly Payouts via a transparent mechanism and a certified payment gateway such as Instamojo/Razorpay.

After an MOU between both the parties, you will be able to officially represent our Company and hence, endorse/sell our programs on your platform.

Unique Links and a dedicated Dashboard to track the analytics of your link clicks and payments. Also, Marketing Collateral (creatives, videos, content and branding guidelines) and our official merchandise will be provided to you from time to time.

Eligible to be a part of our closed community of business partners. Highest performers will win incentives such as All-Expense-Paid-Trips, exclusive travel & networking opportunities with industry leaders, corporate dinners, complimentary PR on our partner media houses, free shoutouts etc.

Want to Become A Partner?

Offer exclusively on invitation basis.

Only 10 partners to be inducted in our Independent Business Partnership Plan in our 2020-2021 

Last Date to Apply – 31st August, 2020

Know More About Us: www.linktr.ee/lawmaker

Program Starts: 15th September, 2020

Apply here: http://tiny.cc/lawmakeribp

Got Any Queries? Get in Touch With Our Business Development Team. Call 9871979211

Legal Zems: Call for members

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Legal Zems

Legal Zems is a law Aspirants led organization formulated with a vision of providing the platform for the youth to inculcate leadership skills and emerge as a strong personality who can stand with a strong opinion in the society. We at Legal Zems promote mutual growth and development. We believe that knowledge is fundamental in shaping.

The organisation is built with the hard work of our benevolent Co- Founders Prashant Mishra and Ashita Singh and they put up every effort to give every opportunity to their team of 30 members, who is 24*7 active for help/assistance.

Eligibility

  • Students who are enrolled in 3-year/ 5-year UG Law Course.
  • Students who are aware and active on Social Media.
  • Work Profile.
  • To promote our events and posts.
  • To bring on board maximum number of students to the organization.
  • Share posters in your campus groups, notice boards.
  • Meeting targets allotted by the mentor.

Guidelines for Campus Ambassadors

  • Promote each and every Event and Posts.
  • To bring on board maximum number of Students to the organisation.
  • Share Posters, news, events in each campus (your) Groups, Notice boards.
  • Meeting targets allotted by the Mentor assigned.
  • Reporting progress on daily basis.
  • The Campus Ambassador is going handle the number of entries for the registration of teams.
  • The Campus Ambassador has to interact and provide the details of registration process and other important information to the participants.
  • The campus ambassador has to perform the allotted work in coordination with team members of which they have brought the registration.
  • The Campus Ambassador have to make the participants understand about the scenario and in case of any doubt, Campus Ambassador has to contact the Coordinators first before answering anything to participants.
  • The Campus Ambassador will be provided with the guideline’s pdf for the participants, event PDFs and invitation posters as well for circulation among the participating teams.
  • The Campus Ambassador must have the full record of their team entries.
  • Payment procedure has to be made absolutely clear to the participating teams regarding the phone numbers and payment modes respectively.

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The Kanooniyat Kuriosity Kuiz Series: 2nd National Online Quiz Competition on Constitutional Law and Criminal Law by Kanooniyat: Register by 17th September 2020

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About Kanooniyat Kuriosity Kuiz Series

The Kanooniyat Kuriosity Kuiz Series is the flagship annual series of quizzes conducted by Kanooniyat comprising 10 quizzes with 5 quizzes on Constitutional Law and 5 on Criminal Law each. We received an overwhelming response in the first national online quiz which was conducted on 22nd and 23rd August and look forward to yet another successful installment to our quiz series.

The tentative dates for all the quizzes are as follows –

  1. 2nd National Online Quiz Competition of the Kanooniyat Kuriosity Kuiz Series
    1. Quiz on Constitutional Law – 19th September 2020
    1. Quiz on Criminal Law – 20th September 2020
  2. 3rd National Online Quiz Competition of the Kanooniyat Kuriosity Kuiz Series
    1. Quiz on Constitutional Law – 2nd October 2020
    1. Quiz on Criminal Law – 3rd October 2020
  3. 4th National Online Quiz Competition of the Kanooniyat Kuriosity Kuiz Series
    1. Quiz on Constitutional Law – 25th October 2020
    1. Quiz on Criminal Law – 26th October 2020
  4. 5th National Online Quiz Competition of the Kanooniyat Kuriosity Kuiz Series
    1. Quiz on Constitutional Law – 19th November 2020
    1. Quiz on Criminal Law – 20th November 2020

You can Register for either the Constitutional Law Quiz or the Criminal Law Quiz in the 2nd National Online Quiz Competition of the Kanooniyat Kuriosity Kuiz Series to be held on 19th and 20th September respectively

OR

You can register for both – Constitutional and Criminal Law quizzes in the 2nd National Online Quiz Competition of the Kanooniyat Kuriosity Kuiz Series (special discount) to be held on 19th and 20th September

OR

You can register for either the Constitutional Law Quizzes or the Criminal Law Quizzes of the entire Kanooniyat Kuriosity Kuiz Series (tentative dates given above)

(Includes 4 quizzes each with special discount)

OR

You can register for the entire Kanooniyat Kuriosity Kuiz Series (tentative dates given above) (Includes 8 quizzes with bumper discount – 4 from Constitutional Law and 4 from Criminal Law)

*Scroll down for registration fee details*

About the 2nd National Online Quiz Competition on Constitutional and Criminal Law from the Kanooniyat Kuriosity Kuiz Series (to be held on 19th and 20th September respectively)

  • This quiz competition will contain 2 quizzes – one on constitutional law and one on criminal law which are to be conducted in two consecutive days, i.e. 19th and 20th September.
  • A candidate can register for either one OR both of the quizzes. (special discount for registering in both the quizzes. Scroll down to know the fee details)

Click here – https://forms.gle/ygRz6HDifZiKrEgP8 to Register

Eligibility

  • This Competition is open for all interested candidates who are pursuing UG/PG courses, are studying in schools or are legal professionals. Participation is not in any way limited to only law students and registrations from students from different streams, UPSC aspirants, Law Entrance Exams Aspirants and Judiciary Aspirants are welcome.

Mode of Participation

  • Online via Google Forms.
  • The Link for the quiz would be sent on the WhatsApp Group so formed by the coordinators for the quiz.
  • The registered candidate will be added automatically to the group by the coordinators.

Quiz Format

  1. Constitutional Law Quiz
  • The quiz will comprise of 25 questions divided into 2 sections:

a) MCQ (15 questions)

b) Short text- One word or one line (10 questions)

  • Quiz Time: 4:00 PM – 4:20PM (19th September 2020)
  • The duration of the quiz will be 20 minutes. Any submission after 20 minutes will not be recorded.
  • The quiz will be based on Constitutional law and it also may contain historic events based on this.
  • There will be NO Negative marking for any wrong attempt or un-attempted questions.
  • Each question will carry 1 point.

2.  Criminal Law Quiz

  • The quiz will comprise of 25 questions divided into 2 sections:

a)      MCQ (15 questions)

b)      Short text- One word or one line (10 questions)

  • Quiz Time: 4:00PM – 4:20 PM (20th September 2020)
  • The duration of the quiz will be 20 minutes. Any submission after 20 minutes will not be recorded.
  • The quiz will be based on Criminal law and its axillary laws. It may also contain historic events based on the subject.
  • There will be NO Negative marking for any wrong attempt or un-attempted questions.
  •  Each question will carry 1 point.

The Kanooniyat Kuriosity Kuiz Guidelines

  1.  The link to the quiz will be provided to all the registered participants on the WhatsApp group formed by the coordinators. Participants are required to have an internet connection to take the quiz.
  2. Any form submitted after the 20 min deadline will not be accepted and no points will be given to any question therewith.
  3. All ties will go through a 2-stage process:

a) Stage 1: Special “Star Marked (*)” questions are placed at Q5, Q10, Q15, Q20, Q25. In case of any ties, the participant who has attempted more star marked questions will be given preference.

b) Stage 2: In case of tie even after the Stage 1, the participant who has finished the quiz earlier will be given preference.

 General Rules

  • Both the Quizzes will be conducted on Google Forms as it’s a viable platform that is secure and easy to comprehend for even the first timers.
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 Important Dates

EventsDates
Last Date of Registration17th September 2020
Constitutional Law Quiz19th September 2020
Criminal Law Quiz20th September 2020
Results22nd September 2020
Circulation of Certificates and Awards27th September 2020

NOTE: Results will be declared on the WhatsApp group so formed, our website – https://kanooniyat.com and Social Media handles.

NOTE: Kanooniyat reserves the right to cancel the event at any point before the conduct of the event. In such a case, any fee paid as registration fee shall be refunded in full to the registered participants.

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  1.  For the 2nd National Online Quiz Competition of the Kanooniyat Kuriosity Kuiz Series to be held on 19th and 20th September

a.       For Constitutional Law Quiz (19th September) – Rs. 90

b.      For Criminal Law Quiz (20th September) – Rs. 90

c.       For both, Constitutional and Criminal Law Quiz – Rs. 140

  1. For the complete Kanooniyat Kuriosity Kuiz Series

a.       For all Constitutional Law Quizzes (total 4) – Rs. 280

b.      For all Criminal Law Quizzes (total 4) – Rs. 280

c.       For the complete series (total 8 quizzes – 4 Constitutional Law Quizzes and 4 Criminal Law Quizzes) – Rs. 520

 NOTE: On successful registration, a confirmation mail be sent to you within 24 hours of the registration.

 Registration Procedure

  1. For registering in the 2nd National Online Quiz Competition of the Kanooniyat Kuriosity Kuiz Series to be held on 19th and 20th September:

Step 1: Complete the payment of registration fee by visiting this link:  https://rzp.io/l/KanooniyatKuriosityKuiz2 and take a screenshot.

Step 2: Fill the google form by visiting this link:  https://forms.gle/vgdBpLqqWsaZnkfd9  and upload your screenshot

Step 3: Sit back and relax and we will send an acknowledgment mail to your email Id in 24 hours

  1. For registering for the complete Kanooniyat Kuriosity Kuiz series comprising 4 quizzes on Constitutional Law and 4 quizzes on Criminal Law:

Step 1: Complete the payment of registration fee by visiting this link:  https://rzp.io/l/KanooniyatKuriosityKuiz2Series

Step 2: Fill the google form by visiting this link:  https://forms.gle/vgdBpLqqWsaZnkfd9  and upload your screenshot

Step 3: Sit back and relax and we will send an acknowledgment mail to your email Id in 24 hours

Payment Details

  1. Payment for 2nd  National Online Quiz Competition on Constitutional and Criminal Law from the Kanooniyat Kuriosity Kuiz Series (to be held on 19th and 20th  September respectively):  https://rzp.io/l/KanooniyatKuriosityKuiz2
  1. Payment for the complete Kanooniyat Kuriosity Kuiz Series Comprising of 8 quizzes (4 Constitutional Law Quizzes and 4 Criminal Law Quizzes; tentative dates mentioned above):  https://rzp.io/l/KanooniyatKuriosityKuiz2Series

 Awards & Prizes

  • Winner: Cash Prize of Rs 1600 to the winner in both the quizzes – Constitutional and Criminal (Rs. 800 in each quiz) + + 50% off on Memo Pundit’s Online Memorial Course + Certificate of Merit
  • 1st Runner Up: Cash Prize of Rs 1000 to the winner in both the quizzes – Constitutional and Criminal (Rs. 500 in each quiz) + 50% off on Memo Pundit’s Oral Argumentation Course + Certificate of Merit
  • 2nd Runner Up: Cash Prize of Rs 600 to the winner in both the quizzes – Constitutional and Criminal (Rs. 300 in each quiz) + 50% off on Memo Pundit’s Oral Argumentation Course + Certificate of Merit
  • Rank 4th to 8th – Certificate of appreciation

NOTE: 20% off on Memo Pundit’s Oral Argumentation Course + Participation Certificates to all the Participants.

Contact us

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Important Links

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Emperor v Mushnooru Suryanarayana Murthy

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

Case Number

Criminal Appeal No. 522 of 1910 and 

Criminal Appeal No. 32 of 1912

Judges

Benson, J. Sundara Aiyar, J. and Rahim, J.

Decided On

02/01/1912

Citation

1912, 22 MLJR 333 (Mad)

Relevant Act

Section 26, 39, 299, 300, 301, 302, 303, 321, 323 and 324 of the Indian Penal Code, 1860.

Section 429 of the Criminal Procedure Code, 1973.

Facts

The accused, Mushnooru Suryanarayana Murthy, called Appala Narasimhulu to his brother-in-law`s house and with an intention to kill him, gave him some sweetmeat (halva) which contained arsenic and mercury poison in soluble form.

Appala Narasimhulu ate a portion of the sweetmeat and threw away the rest.

Rajalakshmi, the 8 or 9-year-old daughter of the accused`s brother-in-law, unknowingly ate some sweetmeat and also gave some to another little child to eat. However, this happened without the knowledge of the accused.

The two children who had eaten the poisoned sweetmeat, died from the effects of it, but Appala Narasimhulu, though the poison severely affected him, eventually recovered.

The accused has been sentenced to transpiration for life for having attempted to murder Appala Narasimhulu.

Procedural History

The accused, Mushnooru Suryanarayana Murthy had made large amounts of insurance on the life of Appala Narasimhulu without the knowledge of the latter. In order to obtain the sums for which he was insured, he wanted to murder Appala Narasimhulu. With an intention to do so, Mushnooru invited Narasimhulu to his brother-in-law`s house and offered the latter poisoned sweetmeat (halva) to eat. Narasimhulu ate a portion and then threw it. Later, Rajalakshmi, the 8 or 9-year-old daughter of Mushnooru Suryanarayana Murthy`s brother-in-law, unknowingly ate the same sweetmeat and also gave a portion of it to another child. This happened without the knowledge of the accused. Unfortunately, the two children died after eating the sweetmeat but Narasimhulu eventually recovered in spite of being affected by the poison. Therefore, the accused, Mushnooru Suryanarayana Murthy was acquitted and sentenced with an attempted to murder of Appala Narasimhulu.

Issues Raised

Whether the accused is guilty of the murder of Rajalakshmi and the other child?

Whether the accused is guilty under Section 302 of IPC?

Whether the accused was so indirectly or remotely connected to the death that he cannot be said to have caused it?

Whether the death of Rajalakshmi was caused by the accused`s act within the meaning of Section 299? 

Ratio Decedendi

The accused was convicted under various sections of the Indian Penal Code, 1860 and the Criminal Procedure Code, 1973. The case has in itself, a number of sections mentioned. When we look into the definitions of the section, it reads as follows: –

The Indian Penal Code, 1860

Section 26. Reason to believe – A person is said to have “reason to believe” a thing, if he has sufficient cause to believe that thing but not otherwise.

Section 39. Voluntarily – A person is said to cause an effect “voluntarily” when he causes it by means whereby he intended to cause it, or by means which, at the time of employing those means, he knew or had reason to believe to be likely to cause it.

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 301. Culpable homicide by causing death of person other than person whose death was intended – If a person, by doing anything which he intends or knows to be likely to cause death, commits culpable homicide by causing the death of any person, whose death he neither intends nor knows himself to be likely to cause, the culpable homicide committed by the offender is of the description of which it would have been if he had caused the death of the person whose death he intended or knew himself to he likely to cause.

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 303. Punishment for murder by life-convict – Whoever, being under sentence of imprisonment for life, commits murder, shall be punished with death.

Section 321. Voluntarily causing hurt – Whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said “voluntarily to cause hurt”.

Section 323. Punishment for voluntarily causing hurt – Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

Section 324. Voluntarily causing hurt by dangerous weapons or means – Whoever, except in the case provided for by section 334, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Criminal Procedure Code, 1973.

Section 429. Absence of complainant – When the proceedings have been instituted upon complaint, and on any day fixed for the hearing of the case, the complainant is absent, and the offence may be lawfully compounded or is not a cognizable offence, the Magistrate may, in his discretion, notwithstanding anything hereinbefore contained, at any time before the charge has been framed, discharge the accused. 

Judgment of the Court

Benson, J.

Justice Benson is of the opinion that the accused did cause the death of Rajalakshmi and is guilty of her murder. Although the accused did not intend to cause the death of Rajalakshmi, and he did not know that his act was even likely to cause her death, but it is clear that he did intend to cause the death of Appala Narasimhulu. Therefore, he poisoned the sweetmeat for him. It was this act of the accused which caused the death of the girl, though no doubt her own action, in ignorantly picking up and eating the poison, contributed to bring about the result, backed by Section 299 of the Indian Penal Code, 1860. It is to be observed that the section does not require that the offender should intend to kill any particular person. It is enough if he “causes the death” of any one by doing an act with the intention of “causing death” to any one, whether the person intended to be killed or anyone else. So it is neither Appala Narasimhulu`s act of throwing away the poisoned sweetmeat nor Rajalakshmi`s act of picking up and eating the poisoned sweetmeat caused the death of the latter. It was the act of poisoning the sweetmeat by the accused that caused the death of Rajalakshmi. So, it is clear that he is definitely guilty of the murder caused and this is also properly backed by Section 301 of the Indian Penal Code. 

The accused was originally sentenced to seven years’ rigorous imprisonment for having attempted to murder Appala Narasimhulu. This sentence was enhanced to one of transportation for life by this court acting as a court of revision in December, 1910, when this appeal was not before them. Looking to these facts Justice Benson impose a sentence of death, though it would have been appropriate if the accused had been convicted of murder at the original trial.

Sundara Aiyar, J. 

In this case the accused Suryanarayana Murthi was charged by the Sessions Court of Ganjam with the murder of a young girl named Rajalakshmi and with attempt to murder one Appala Narasimhulu by administering poison to each of them on the 9th February 1910. He was convicted by the Sessions Court on the latter count but was acquitted on the former count and was sentenced to seven years’ rigorous imprisonment. He appealed against the conviction and sentence in Criminal Appeal No. 522 of 1910, and this court confirmed the conviction and enhanced the sentence to transportation for life. The present appeal is by the Government against his acquittal on the charge of murdering Rajalakshmi. 

After statement of several witnesses, the conclusion drawn was that Suryanarayana Murthi had no intention to murder Rajalakshmi. This is because he had no reasons to believe that the poisoned halva will be thrown away by Narasimhulu and will be picked up and eaten by Rajalakshmi which will lead to her death. This statement is rightly backed Section 26 of the IPC. According to this, he had no sufficient cause to believe that poisoning the halva for Narasimhulu would cause the death of Rajalakshmi. The girl`s death could not have been caused but for the intervention of the prosecution’s 1st witness, i.e., Narasimhulu. The case, in his opinion, is not one covered by Section 301 of the Indian Penal Code. The conclusion, therefore, appears to follow that the accused is not guilty of culpable homicide by doing an act which caused the death of the girl. It is not contended that there was a legal duty on the part of the accused to prevent the girl from eating the halva and that he is therefore not guilty of murder by an illegal omission. 

 He upheld the finding of acquittal of the lower court and dismissed the appeal.

Benson J. would find the accused guilty of the murder of Rajalakshmi, while Sundara Aiyar J., agreeing with the Sessions Judge, holds a contrary view.

As both the lawyers differ in their opinion, the case was led before another judge with their agreed opinion under Section 429 of the Criminal Procedure Code, 1973.

Rahim, J.

After a deeper investigation into the case and proper justifications of actions and the applied laws, Justice Rahim, therefore, agreeing with Benson J., set aside the order of the Sessions Judge acquitting the accused of the charge of murder and convict him of an offence under Section 302, Indian Penal Code. He also agreed with him that, in the circumstances of the case, it is not necessary to impose upon the accused the extreme penalty of the law, and he sentenced the accused under Section 303, Indian Penal Code, to transportation for life. 

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