Month: September 2020

Competition Law’s Evolution and Development in India

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This article is written by Simran Verma, a student of New Law College, Pune. This research paper throws light on the topic Competition Law’s evolution and its development in India. Free and equitable competition is important to create and maintain an environment which good for the business and also for a prosperous country. This paper includes the history, salient features and the case laws related to the competition law in India

Introduction

80s and 90s decade in India has been a difficult one, and the sole reason behind all this is the introduction of new economic policy and also the Indian markets being opened up to the world. It was registered that a new competition law was also called for and the reason was that the existing Monopolies and Restrictive Trade Practices Act, 1969 (MRTP Act) had become outdated in some respects and that now there was a need to divert the focus of people from restraining monopolies to promoting competition in the market of India. A top quality committee was arranged in 1999 to propose a modern competition law in line along with the international developments for the convenience of Indian conditions.

In January 2003, there was existence of the Competition Act and in October 2003, there was an establishment of the Competition Commission of India. The Act makes it a condition that it shall be the duty of the Commission to get rid of the practices that have an adverse effect on competition, to cheer and help competition, to keep safe the concentration of consumers and guarantee liberty of trade that is carried on by other participants, in Indian markets.

History of Competition Act, 2002

In 1999, Raghavan Committee advised for a new legislation to be framed for competition law of the country, because in spite the MRTP Act had facilities regarding anti-competitive practices, it was found to be insufficient in comparison to other countries, to encourage the competition in the industry and also to reduce the anti-competitive practices.

About Competition Act, 2002

The Act’s objective is to create an environment that encourages competition and protects the independence to do the business. In the objects and reasons, the Act states that due to globalization, the economy of India has been opened up to the world, controls and restrictions have been removed and has liberalized the economy. The intention is to protect the interest of the people. The rule of a firm is determined on the basis of firm’s structure. The act is intended as punishment in character. It seeks to promote competition.

Salient Features

Anti- Competitive Agreements:

Section 3 of the Competition Act, 2002, is what that deals with Anti-competitive agreements. Anti-competitive agreements are considered as those agreements which are entered into by the enterprises or by some persons in relation to supply, production, distribution or provision of services or control of goods that have the chance of causing noteworthy amount of harmful effect. Through an agreement, collusive bidding is done between the suppliers or contractors to inflate and co-operate prices to artificially high levels. The intention behind this is illegally evade the rules made for free and competitive bidding. If an agreement of the following: exclusive supply agreement, tie-in agreement, refusal to deal, distribution agreement, resale price maintenance, all of these kinds of agreements shall come under the Act, then it is considered that they have a substantial effect on the competition in India.

Abuse of Dominant Position:

Section 4 of the Competition Act, 2002, is what that deals with abuse of dominant position. It is not considered that it is illegal for an organisation to have dominant position, but the abuse of the position is what that attracts the provisions of the Act. The entity is involving in abuse of its dominant position, if the enterprise foists an unfair price or unfair condition in sale or purchase, or restricts the scientific development or production of goods or services, that has a damaging effect on the consumers. Dominance is said to be abused when the position of an enterprise in the market has been abused to safeguard the benefits and it has considerably influenced the competition in India.

Combination and Regulation of Combinations:

Section 5 and 6 of the Competition Act, 2002, is what that deals with regulation of combinations. Combinations cover under its bound mergers, acquisition, takeovers, joint ventures or amalgamations.  These sections are sought to manage the activities and operations of combinations. There is no allowance of any combination that results in real harmful effect on competition in India and the combination shall be considered illegal.

Case Laws

In the case, Aamir Khan Production v/s Union of India[1], the case had the issue whether IP can be dealt by the Competition Commission of India (CCI), and then in this matter the Bombay High Court held that CCI can deal with IPR related matters with a condition that if it is in direct violation of the provisions of the Competition Act, 2002.

In the case, Kingfisher Airline v/s Competition Commission of India[2], there was an imposition by the CCI of a fine of Rs. 1 crore on Kingfisher airlines because they failed in providing sufficient information during CCI’s investigation of the airline’s alliance with Jet Airways.

In the case, Hawkins Cookers Limited v/s Murugan Enterprises[3], it was held by the Delhi High Court that Hawkins Cookers Limited, which has a well-known mark on the excuse of being well known and important, could not be allowed to generate a monopoly in the incidental market.

Conclusion

The world and India, all of them were facing a new stage of globalisation, liberalisation and privatisation and these different and difficult times were bringing with them some newer challenges and the MRTP Act in existence at that time, became outdated in the modern era. Therefore the new Competition Act came into existence in order to suit the need of the hour. The new act is supposed to be based on the regulation of behaviour or conduct of the players in the market and is result aimed and not interested in being procedure oriented like the MRTP Act.

The main purpose of this act is to promote and protect competition in the market. Competition is considered to be very essential because it benefits: the Consumers because they get a wide range of choice of goods and services, improved value for money and better quality; it benefits the Businesses since a level playing field is created and a remedy of anti-competitive practices is accessible, the inputs are competitive priced, they incline to have substantial productivity and the ability to compete in global markets and it also benefits the state since there is most favourable awareness from sale of assets and there is intensified availability of resources for social sector.

Therefore, by securing competition in the market, the competition law is helping to benefit all the players in the market which in turn will be advantageous for the economy as a whole.

[1] Writ Petition No. 358 of 2010 along with Writ Petition No. 526 of 2010

[2] Writ Petition No. 1785 of 2009

[3] MIPR 2002 (1) 128

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C.C.I. Chambers Co-op. Housing Society Ltd. v. Development Credit Bank Ltd

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This article has been written by Niti Shah who is studying  BLS/LLB at Pravin Gandhi College of Law

Case Number

184

Citation

AIR 2004 SC 184

Bench

R.C. Lahoti, Ashok Bhanu

Decided on

29 August 2003

Relevant Act/Section

Section 23 of the Consumer Protection Act, 1986

Petitioner

CCI Chambers CO-OP. HSG. SOCIETY LTD.

Respondent

Development Credit Bank LTD.

Facts of the Case

In this case, the rights of a consumer have been liberated. According to the facts of the case, the appellant had a savings bank account with the respondent bank. The bank, in this case, is the development credit bank  Ltd. Days passed, After which the appellant found out a few problems in his account. Any issue which a consumer comes across is considered to be grave and based on this problem a complaint was filled to the National Redressal Forum alleging deficiency of the services provided by the bank and also submitted that the bank had mistakenly debited an amount of RS. 75,70,352 in the account of the appellant by honouring certain cheques as forged cheques i.e. fully fake and not appropriate and in some of the cheques that were submitted, the amount was wrongly tampered by someone. The photocopies of the fake cheques were submitted along with the complaint made. It was noticed that around 72 cheques were issued on the same date when one of the persons who made the tampering at the cheque was found dead. The other one denied the signatures given and all such signatures did not even tally the standard signatures of the complainant. the entire suspect went towards one of the employees of the bank who was suspected to be the person due to which the whole issue was created. A complaint was filed in the police against that employee immediately. the case went to the Supreme Court of India at that instant. The court took help from the National Forum to have a detailed analysis of the case and therefore come into a conclusion to get the entire facts and to check whether the Respondents were guilty in this case or not. The court had given a detailed and equitable justice for the parties after looking into several other cases.

Issues

  • Whether the crime was committed by the respondents by tampering the cheques?
  • Whether it was a case under section 23 of the Consumer Protection Act, 1986?
  • Whether it was the case of NCDRC?

Judgment

The Judgment of the Court was delivered by R.C. Lahoti, J.

The Judges of the particular case made a detailed judgment by analyzing the matter properly with every issue being studied deeply. The complaint was filed under section 23 of the Consumer Protection Act. The main issue which arose over here was about determining the commission. The court had held that it cannot be denied that the National Level, the State level, and at the District level have been constituted under the Act with the only object of providing a speedy remedy in conformity with the principles of natural justice, taking care of such grievances as are amenable to the jurisdiction of the forum established under the Act. Having heard the learned counsel for the parties we think that the appeal deserves to be allowed and the matter sent back to the NCDRC for hearing and decision afresh. Shri Harish N. Salve, the learned senior counsel for the appellant has submitted, placing reliance one three-Judge Bench decision of this Court Dr. J.J Merchant & Ors. v. Shrinath Chaturvedi, [2002] 6 SCC 635, Indian Medical Association v. V.P. Shantha and Ors., [1995] 6 SCC 651 and Amar Jwala Paper Mills (India) and Am. v. State Bank of India, [1998] 8 SCC 387 that the approach adopted by NCDRC does not deserve to be countenanced. Shri P. Chidambaram, the learned senior counsel for the respondent-Bank has supported the impugned order placing reliance on Synco Industries v. State Bank of Bikaner & Jaipur and Ors. These forums have been established and conferred with jurisdiction in addition to the conventional courts. The principal object sought to be achieved by establishing such forums is to relieve the conventional courts of their burden which is increasing day by day and where the disposal is delayed because of the complicated and detailed procedure which at times is accompanied by technicalities. After looking into the arguments advanced, issues raised, and also a detailed study of the entire case, the court had held that the decision that was given by the NCDRC(National consumer dispute Redressal commission) was a premature opinion. The entire commission issued a particular notice to the respondent and which was taken as pleadings. Only when pleadings for both of the parties were available, the commission at that instant should have formed an opinion based on nature and also the scope of the inquiry which means whether all the questions that arose in the light of the proceedings of both the parties were detailed and even a complicated nature of the investigation was made into the facts which were not at all capable of being taken speedily. The commission then could have formed justifiably an opinion that could have been proved a lot useful for removing the complaint to the civil court. It was just a complicated nature of the entire facts and also the law for the decision which could not be decisive at all. The appeal was allowed and the decision of the National Commission was set aside. The case was again sent back to the commission for a fresh hearing and fresh study of nature and then making a final decision.  There was no order made concerning the costs of the case. Thus, the court made an equitable decision which was quite relevant too because the commission did not perform their job nicely. They should have studied the entire case deeply and then they should have decided whether this case had a proper judgment or not. conventional courts. The principal object sought to be achieved by establishing such a forum is to relieve the conventional courts of their burden which is ever-increasing with the mounting arrears and whereat the disposal is delayed because of the complicated and detailed procedure which at times is accompanied by technicalities. 

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In re Thavanani

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

Case analysis

AIR 1943 Mad 571 

Case Number 

Case number 152, R.T.No. 41 of 1st February 1943

Equivalent Citation

(1943) 2 MLJ 13

Bench

Honorable Mr. Justice King and the Honorable Mr. Justice Byers.

Decided on

29th March 1943

Relevant Act/Section

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

On the evening of 26th September, a woman named Meenakshi Achi was murdered in her flower garden situated a distance away from her village. She was found dead into the well of the same flower garden on 27th September. Two persons have suspected in which one was the gardener and the other one was an associate of the lady who was in the current need of money. The body recovered had three punctured wounds upon the head. Police recovered a chain from the possession of the associate person which the deceased was wearing at the time of her death. It was contended that the portion of the chain was divided equally between the two accused. Further, the associate confessed before Taluk Magistrate of Tirupattur that he was persuaded by the gardener to assist him while killing the lady. The associate as assisted by the gardener did not allow the deceased to leave the garden by seizing her legs and holding her tightly. Now after the death of the deceased both the accused persons threw her body into the well. 

Issues before the Court

  1. Whether the death caused by the accused was intentional?
  2. What was the cause of action?
  3. Whether at the time when the woman was thrown into the well was she alive?
  4. What were the evidence from the post mortem report and the testimony of the doctor?
  5. Whether the accused was guilty under Section 302 of the Indian Penal Code, 1860?

The Decision of the Court

In the medical report, the doctor stated that the body had innumerable external injuries. The external injuries recovered from the body were insufficient to cause death. And it was comprehended that the accused persons considering her to be dead threw her body into the well. It was held that the intention of the associate of the lady was not to kill her. And therefore he is not liable under Section 302 of the Indian Penal Code, 1860. The court referred Palani Goundan V. Emperor (1919) 37 M.L.J. 17: 42 Mad. 547 (F.B.). and stated that in this case the deceased was thrown upon the railway line with the intent to cause injury while in the present case body was thrown after the death of the lady. But the Learned Sessions Judge stated that the accused will be liable even if the body was disposed of after or before the death of the deceased. Therefore it was concluded that they will be sentenced to death.

Reference

  • https://indiankanoon.org/search/?formInput=ratio+of+the+case+In+re+Thavanani+V.+Unknown%2C+AIR+1943+Mad+571+
  • https://www.indialegallive.com/constitutional-law-news/supreme-court-news/conviction-section-302-modified-section-3041-absence-intention-cause-murder-supreme-court#:~:text=Supreme%20Court%20on%20Thursday%20converted,of%20intention%20to%20cause%20murder.
  • https://www.latestlaws.com/bare-acts/central-acts-rules/ipc-section-302-punishment-for-murder/
  • https://www.lawyerservices.in/Thavamani-In-re-1943-03-29
  • https://www.casemine.com/search/in/in%20re%20thavamani

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1st NATIONAL LEVEL PHOTOGRAPHY COMPETITION @ VAKEEL SAHAB PRO

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“A CAMERA IS A SAVE BUTTON FOR THE MIND’S EYE”

ABOUT THE ORGANIZATION

Vakeel Sahab Pro is an online Indian legal Portal founded in the year 2020, envisioned to empower the Lawyer’s creed. Law is like an ocean the deeper you go, the more you realise its depth. We aim to enhance your legal knowledge and skills not only by providing a learning platform but to make use of law in forming your opinions and raising your arguments.

Our startup strives to bring innovative legal events and programs for participants who are willing to stand apart from the crowd and realise their potential in uncommon ways. Being part of the legal world is about adding value to your personality and professional development. We always try to achieve what is fruitful for your Curriculum Vitae as well as self fulfillment. The usual bars to learning surrounded by orthodox methods leave no space for growth. Thus our mission should be to break the four walls of customary learning and think out of the box ways to advance our growth.

ABOUT THE COMPETITION

God has made everyone different and everyone is having different talents.

So this time Vakeel Sahab Pro is organizing the “1st National Level Photography Competition “ ART AND YOU IN A FLASH ” that will be open for every age. Photography is a perfect instrument, which allows a person to communicate with the world and share your vision. A person can express feelings through an image, a unique view of the surrounding reality.

So don’t waste your talent if you are having this talent just utilize it and show your uniqueness to the wold.

ABOUT THE THEME

Open theme.

RULES AND REGULATIONS

  1. You have to click 1 photo that should be an original click of yours.
  2. You can use any camera or mobile phone camera.
  3. The photo can be in portrait or landscape mode.
  4. The photo should be in colour or white & black.
  5. You can click any photo of your choice.
  6. You have to express your point of views in 7-8 lines that :
    1. WHY HAVE YOU SELECTED THIS PHOTO ONLY?
    1. IS THERE ANYTHING RUNNING IN YOUR MIND DURING THE CLICKING OF PHOTOGRAPH?
  7. Submissions that will be copied from anywhere will result in disqualifications.

SUBMISSION PROCEDURE

  1. You have to mail your photo & your point of view in the body of the mail to :

AYUSHKU065@GMAIL.COM

  • Subject of the mail : VAKEEL SAHAB PRO PHOTOGRAPHY (YOUR NAME)
  • At the last of the mail you have to write your details in sequence order as :
    • YOUR NAME
    • YOUR EMAIL ID & MOBILE NUMBER
    • COLLEGE NAME (if you are a student)
    • COURSE OF STUDY or PROFESSION

PAYMENT DETAILS

You can pay the fees through any medium : Paytm, Googlepay, Phonepe, AMAZON PAY, BHIM on this mobile number – 8933948420 NOTE: After payment please take the screenshot also because you have to upload on the form.

REGISTRATION PROCEDURE

All participants must register yourself by paying a nominal fees of ₹ 40 to confirm your slots.

NOTE: first pay the fees then fill the registration form because you have to upload the Screenshot of Receipt.

After paying the fee please fill out this form – CLICK HERE ( LINK – https://docs.google.com/forms/d/e/1FAIpQLSdUnfR- sdzmjNoaKzH21CKdBUQcQFiysjKt2dFjRWORIlZ7Tw/viewform?usp=sf_link)

PRIZES

1st Prize: 2000 + PUBLICATION CERTIFICATE

2nd  Prize: 1500 + PUBLICATION CERTIFICATE

3rd  Prize: 1000 + PUBLICATION CERTIFICATE

Top 10 photos owners will get PUBLICATION CERTIFICATE only.

*E – Certificate of Participation for all.

What is Publication Certificate ?

Photos will get published on our website with your passport size photo, name and college and you will get your PUBLICATION CERTIFICATE.

JUDGING CRITERIA

The submitted photos will be judged by 3 professional photographers. Photos will be judged based on:

  1. How beautifully you can explain your expression of thoughts.
  2. Creativity
  3. Originality of photograph

IMPORTANT DATES :

Last date to Register yourself : 7 SEPTEMBER, 2020 Last date to submit your photos : 12 SEPTEMBER, 2020 Results Declaration : 19 SEPTEMBER, 2020

Certificates will be dispatched from : 24 SEPTEMBER, 2020

CONTACT DETAILS

E mail – AYUSHKU065@GMAIL.COM WhatsApp – +91 8112457884

OFFICIAL LINK – https://www.vakeelsahabpro.online/2020/08/1st- national-level-photography.html

OFFICIAL WEBSITE – WWW.VAKEELSAHABPRO.ONLINE

THANK YOU

E- CONFERENCE by LAW TALES & JLSR JOURNAL: Submit by 15th September 2020

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Brochure : Click Here

About the event

The event is organized by LAW TALES in Collaboration with JLSR JOURNAL to provide a interactive platform for students, academicians and professionals to present their research work on different fields of law and with an aim to upgrade the level of interaction and discourse about contemporary issues of law.

Themes: (Sub-Themes mentioned are not exhaustive and are just for reference)

  1. CRIMINAL LAW

Sub-Themes:

Custodial Torture
Rape Amendment Law
Euthanasia
Juvenile Delinquency
Sedition
Section 377 I.P.C And Lgbt Rights
Marital Rape
Cyber Crimes In India In Consonance With Laws Of Developed Countries
Cyberterrorism/ Hate Speech On Social Media & Its Conviction As Per Indian Criminal Law
Capital Punishment- Abduction Of Death Penalty
Criminalisation Or Decriminalisation Of Attempt To Suicide In India (Section 309 I.P.C)
Concept Of Mens Rea & Actus Reas
Justice To Victims & Fair Trial
Rights Of Accused
Reformation Of Criminal Justice System
Moral Policing In India
Police Atrocities
White Collar Crimes
Organised Crimes
Economic Crimes
Honour Killing

  1. CYBER LAW

Sub-Themes:

Cyber security and laws of India and other countries.
Data protection.
Privacy concerns on cyber space.
Crimes on social media.
Protection of children and women on cyber space.
Investigation of cybercrimes– issues and concerns
Cyber forensic – technical cum legal perspective
Evidentiary issues in the area of cyber security
Judiciary on cyber security
Laws and concerns in relation to any -Selected/ Specific forms of cyber-crimes [such as hacking, cyber pornography, identity theft, spoofing, cyber stalking, software piracy, etc. Any one form of cyber-crime can be selected as the focal theme of the paper]
E-security in banking system.
E- Commerce and cyber security concerns
E-Governance and cyber security concerns.
Providing / developing an alternative law / policy framework to secure cyber space Etc.

  1. COVID 19 and ITS LEGAL IMPLICATIONS

Sub-Themes:

COVID-19: Impact on Global Trade and Investment
COVID-19 and its effect on the Course of Globalization
COVID-19 and Mental Health
Employability Issues in Times of Crisis: COVID-19
COVID-19 and Competition Law Concerns
Intellectual Property Hazards in times of COVID-19
Covid-19: Policy Challenges and Traps in Restarting the Economy
Social Impact of COVID-19
CSR and COVID-19
COVID-19 and Impact on Environment
COVID-19: Impact on Data Privacy, Protection and Security
COVID-19: The Impact and Role of Mass Media During the Pandemic
COVID-19 and its Impact on Education System
COVID-19 and International Law

  1. Alternative Dispute Resolution

Sub-Themes:

Role of Arbitration & Mediation in reshaping Indian Legal System
Effectiveness of Mediation in Present Justice Delivery System
E- Arbitration and E- Mediation
Recognition and Enforcement of Arbitration and Mediation awards
Need to enact Mediation Act
Mediation in Civil Disputes
Enforcement Agencies involved in Mediation: Challenges and Remedies
Mediation in Matrimonial Disputes
Online Mediation in India: Future Prospects
Mediation in Consumer Disputes Cases
Arbitration v. Litigation
Inter disciplinary issues and Arbitration
Mediation in Industrial Dispute and Labor Law
Indigenous form of Dispute Settlement: Relevance in present perspective
Negotiation and Mediation in Banking Sector
Arbitration and Technology: Blockchain Arbitration and Smart Contracts in India.

Eligibility

Students of three year and five-year law degree courses from any University/Law School/College/Department are eligible to apply for registration.
No confirmation from universities and colleges of the participants are required.
Registration

The registration fee shall be Rs. 250 (Single Authorship), Rs. 400 (Co-Authorship) and Rs. 50 (Attendees). The registration fee shall be non-refundable and non-transferable.

Payment Details

Google pay/Phonepe/Paytm- 7000451833

UPI ID- pkushagra03-1@okhdfcbank

Account Transfer-

Account Number- 102994100000060

Account Holder Name- Kushagra Pandya

IFSC Code- YESB0001029

Bank Name & Branch Name- Yes Bank, Mandsaur, Madhya Pradesh

  1. Once the payment is done, kindly fill the Google form to register. The link of the form is: CLICK HERE
  2. The last date for registration is 11:59 pm, 15th September, 2020.

PRIZES

Best Paper Award (In Each Theme)

Cash Prize of Rs. 800/- + E-Certificate of Excellence + Guaranteed Free Publication in JLSR Journal with ISSN 2582-306X +10% Discount in Courses offered by Memo Pundits + Internship Opportunity at Lex Hunt + 2 Month of Subscription for LAW TALES competition (Free Participation) + 30% Discount in services offered by Lex Hunt + 10% Discount in Courses offered by Katog.
Runner-up paper Award (In Each Theme)

E-Certificate of Appreciation + 50% Discount in Publication fee for JLSR Journal with ISSN 2582-306X +10% Discount in Courses offered by Memo Pundits + Internship Opportunity at Law Tales + 1 Month of Subscription for LAW TALES competition (Free Participation) + 20% Discount in services offered by Lex Hunt 10% Discount in Courses offered by Katog.
Perks for All Participants

E-Certificate of Participation + 20% Discount in Publication Fee for JLSR Journal with ISSN 2582-306X + Publication Opportunity in Law Tales’ E-Magazine ‘THE LAWISTIC GAZAETTE’ with no publication fee + 10% Discount in Courses offered by Katog.
Perks for Attendees

E-Certificate of Participation + 20% Discount in Publication Fee for JLSR Journal with ISSN 2582-306X + Publication Opportunity in Law Tales’ E-Magazine ‘THE LAWISTIC GAZAETTE’ with no publication fee + 10% Discount in Courses offered by Katog.
Submission Guidelines for the Abstract – to be submitted be-fore the Organizers

The work should be original, and must not be previously published or must not be in the stage of submission/consideration anywhere else.
An abstract should be written explaining the aims and motives of the paper. Word limit: 250-300 words.
Submissions should be made in .doc/.docx format.
Each submission must be accompanied with a short description about the author(s).
Submission Guidelines for the Full Paper – to be submitted and presented during the sessions.
The word limit, excluding footnotes, endnotes, references, and bibliography can range between 2500-5000 words.
Main Text – Times New Roman, font size 12, 1.5 spacing, justified, with a margin of an inch on all sides.
Footnotes – Times New Roman, font size 10. Substantive footnotes are accepted.
Citation Mode – Harvard Bluebook (20th Edition)
Submissions should be made in .doc/.docx format.
Each submission must be accompanied with a short description about the author(s).

Submission Policy

The Editorial Board will follow the Anonymous Peer-Review policy for judging the submissions.
The Editorial Board reserves the right to reject or edit any paper whose content is offensive or defamatory, explicitly unethical or if it supports racism, sexual or religious discrimination, illegal activities or terrorism; similarly, an article may be refused if the Editorial Board deems that it might harm the political or religious sentiments of interested readers in any manner.
The Editorial Board reserves the right to disqualify the paper on account of plagiarism.
The research paper should not infringe the copyright or any other right of a third party, if so, the organizers disclaims any responsibility for copyright violation or any other liability.
The research paper shall be considered the property of Law Tales and JLSR, which reserves the right of publication of the same in any book or in any other manner as it may deem appropriate, without providing any royalty or compensation.
The editorial board reserves the right to vary, repeal, alter any of the rules, if as required, as they deem appropriate.
A soft copy of the abstract must be submitted through the google form available for registration
Link for submission of abstract– CLICK HERE
Evaluation Criteria for Prizes

Thesis and Thesis Statement – 15
Organization – 15
Support and Development of Ideas – 15
Insight into Subject – 15
Writing Style (clarity, flow, transitions, etc.) – 30
Grammar, Paragraph and Sentence Structure – 10
Total – 100

Average Score of Paper and Presentation will be used for ranking in the final result list.

Presentation Guidelines

The paper can be presented through a PowerPoint Presentation. The number of slides must be not more than 15.
Time allotted for each presentation will not be more than 8 minutes followed by a questioning round of 3 minutes.
Note: Discussion on every presentation will be facilitated during the Paper presentation.

For any other queries, please write to us at jflsrjournal@gmail.com or at lawtales64@gmail.com.

Call for Blogs: RGNUL’s International Humanitarian Law and Conflict Studies

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About the Blog

The RGNUL International Humanitarian Law and Conflict Studies Blog (RIHLCS) has been established in 2020 and is under the aegis of the RGNUL Centre for Advanced Study in International Humanitarian Law (CASH).

About the Centre

Centre for Advanced Study in International Humanitarian Law (CASH) is an esteemed research centre of Rajiv Gandhi National University of Law, which is dedicated to research in the field of International Humanitarian Law (IHL). It aims to ensure that future leaders and opinion-makers understand the practical relevance of the subject of IHL and have a thorough knowledge of its basic principles.

Theme

Topics related to any contemporary issue of International Humanitarian Law.

Submission Guidelines

  1. The subject and theme of the blog should deal with any contemporary issue of International Humanitarian Law. We expect the submissions to be of interpretive, exploratory, and non-descriptive style.
  2. All submissions must be in Times New Roman, Font size 12, Spacing 1.5, Justified. The word limit should range between 800-1500 words.
  3. A maximum of two-level headings is allowed.
  4. References should be incorporated in the body of the article itself through hyperlinks. No endnotes or footnotes shall be used.
  5. Co-authorship of a maximum of 2 is permitted.
  6. We follow a strict no-plagiarism policy. Articles with more than 10 per cent plagiarized content shall be summarily rejected.  The author(s) bear sole responsibility for the accuracy of facts, opinions, or views stated in the submitted Manuscript.
  7. The manuscripts must be e-mailed at rgnulcash@gmail.com. All entries should be submitted in .doc or .docx format and the file must be titled “CASH Write Up”. The subject of the e-mail should be titled “Submission for CASH Blog- NAME OF THE AUTHOR”.
  8. The manuscript should be accompanied by a cover letter specifying the author’s name, year of study, institute, and contact information [Authors are requested to not put their names anywhere in the main manuscript]. This document must be titled “Cover Letter”.
  9. Guest authors should include, in addition to the above information, a short bio in the cover letter and attach a photograph with the mail.
  10. The body of the mail should contain a short brief about the blog (maximum of 100 words).
    Submissions for the blog shall be considered on a rolling basis. The Editorial Board may take up to 15 days for the review of submissions.
  11. The Editorial Board reserves the right to summarily reject any topic that has already been covered on our blog. The Editorial Board also has full discretion to reject articles at any stage.
  12. Cross-publications are not allowed.
  13. Copyright of all published blog posts shall remain with the Centre. All Moral Rights shall vest with the author(s).
    While submitting the blog, the author shall mention a declaration in the mail as follows: “If selected for publication, the author gives the copyright of the work to the Centre. The author also declares that this is the original and unpublished work of the author(s)”.
  14. In relation to any dispute, the decision of the Editorial Board shall be final and binding.

Deadline for Submissions

There is no deadline. Submissions are on a rolling basis.

Contact Information

Vijaya Singh (Convenor): +918289013215

Gazal Preet Kaur: +917589469744

For more information visit this website https://cash20200.wixsite.com/mysite

NLUJ, CIPS’s Webinar on Broadcasting Rights and Fair Use in Sports

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About CIPS

Centre for Intellectual Property Studies [CIPS] was established in 2018 with the aim to promote research and studies in the field of Intellectual Property Rights. The Centre also monitors, designs and disseminates various courses and programmes pertaining to training and research in Intellectual Property Rights.

About the Webinar

Topic: Broadcasting Rights and Fair Use in Sports

While the rise of social media platforms has contributed immensely to maintaining sports at the forefront of public consciousness, it has also unleashed a pandora’s box of new challenges in the field of copyright law. People today enjoy unprecedented ease in recording and uploading highlights and clips of sports on various social media platforms. This unauthorised broadcasting of the sport is panned by sporting organisations and broadcasters, who assert that this encroaches upon their intellectual property rights over the broadcast of the sport.

The assertion is often contested on the ground that the upload of these small clips doesn’t constitute infringement as it falls within the meaning of fair use or fair dealing under copyright law. However, the intention of the uploader in such cases is always questionable and would be decided on a case to case basis.

The Webinar provides an opportunity for a discussion on the legal issues pertaining to broadcasting and seeks to provide participants with industry insight on how broadcasting agreements are negotiated and drafted, the role of lawyers in advising clients in relation to such copyright claims and the process for filing take down notices.

About the Speakers

Ms. Aahna Mehrotra: Ms. Aahna Mehrotra is the Founder of AM Sports Law & Management Co. and Partner at TMT Law Practice. She has been the Vice-Chairperson of the Anti-Doping Disciplinary Panel, India since 2019.

Ms. Namrata Chatterjee: Ms. Namrata Chatterjee is presently engaged as the League Secretary of the Indian Super League.

Eligibility

The webinar is open to all persons from law and non-law background having an interest in sports and copyright law.

All attendees will be awarded e-certificates of participation by the Centre.

Important Dates

Last date of registration: September 4, 2020 (11:59 pm)

Date of the Webinar: September 5, 2020 (2:30 pm)

Registration Process

Registration is mandatory for attending the webinar.

The registration fee is as follows:

Students: INR 250/-

Academicians, Lawyers, and other interested persons: INR 750/-

Each attendee shall pay the registration fee at the following this link at ‘Payment Other than Semester Fee’ specifying the purpose of payment as ‘CIPS Sports Webinar’.

Once the registration fee is paid, the payment receipt shall be e-mailed at cips[at]nlujodhpur.ac.in. The subject of the e-mail shall be ‘Registration Receipt: Sports Webinar’.

The email should carry the following details: Name of the participant, Year and course (if applicable), Name of the University/Organisation, and Contact details (Phone Number and Email Id).

Contact Details

Any queries may be directed to cips[at]nlujodhpur.ac.in or the following:

Anuj Garg, Member, CIPS (+91-9971099671)

For the brochure of NLUJ, CIPS’s Webinar on Broadcasting Rights and Fair Use in Sports, click here.

2nd Atal Bihari Vajpayee National Hindi Debate Competition

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About the Debate Competition

Faculty of Law, University of Lucknow is organizing 2nd Atal Bihari Vajpayee National Hindi Debate Competition to mark the celebration of Hindi Diwas on 14th September 2020.

Topic of the debate is:क्या भारतीयों का अंग्रेजी प्रेम भारत के लिए अभिशाप है?

The medium of communication shall be Hindi only. Each team shall comprise of two members- for the motion and against the motion.

Eligibility

The competition welcomes the participation of all students pursuing graduation Degree, or it’s equivalent, in the academic year 2020-21 from any College/University of India.

Participation of a team consisting of two members only is permitted.

There shall be a limit of 30 teams only, on the basis of first-come, first-serve.

Important Dates

  • Last Date for Registration: 12th September 2020.
  • Last Date for Online Payment: 12th September 2020.

Registration Fees

Team participation of two members only: Rs. 80/-

To register for the competition, click here.

Mode of Payment

Modes of online fee payment available are BHIM UP, GOOGLE PAY, PAYTM, and PHONE PE.

Participants are required to facilitate their payment to the following number: +918181838340 (NISHANT VEER SINGH)

Kindly take the screenshot of payment receipt in order to attach it in the registration form.

Prize

The competition further provides the participants with an opportunity to win a cash prize upto Rs. 2100/.

Contact Details

Ayushi Gupta: 6263590275

Devang Dev: 7238025309

For more information visit here https://www.lawctopus.com/wp-content/uploads/2020/08/Brochure-in-English.pdf

Palani Goundan v. Emperor

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

Criminal Appeal No. 33 of 1919 and Referred Trial No. 2 of 1919

(Before- J Wallis, S Aiyar, C Trotter)

Decided on

7/4/1919

Citation

1919 ILR 547 (Mad)

Facts

The accused had an argument with his wife. Enraged during the argument, the accused had hit his wife on the head with a ploughshare. This resulted in the wife falling down unconscious. The mother of the accused who was outside came into check what happened after the shouting the argument had suddenly stopped. When she came in, she saw her son with the ploughshare and the motionless body of the wife lying in the corner of the room. The accused had assumed that he had killed his wife. In the fear of being charged for murder the mother of the accused and accused together tried tampering with the evidence and the crime scene. He hung the body of his wife to make it look like a suicide. Later when the post mortem was conducted on the body of the wife, it showed the wife had survived the blow of the ploughshare and was only unconscious then and she had died due to being hung by the neck.

Procedural History

The case was initially tried in the Coimbatore Sessions court where the accused was held liable for murder. The case was further taken on appeal to the Madras High Court where the current judgement was passed.

Issue

Can the accused be held liable for Murder or is this a case of Culpable Homicide?

Rule

Section 32, IPC- Common Intention

Section 204, IPC- Definition Clause- Tampering of Evidence 

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

Section 322 IPC- Definition Clause- Grievous Hurt

Ratio Decidendi

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 talk about 2 key ingredients- the intention to cause death- mens rea and an act that has caused death- actus reus. The court in this judgement keenly analyzes these two ingredients in its judgement. 

The judgement was based on the following points-

  1. When looking at the definitions of culpable homicide and murder, a key element in both definitions is intention to cause death of person. 
  2. Here Court observed from the facts that the accused did not have the intention of causing death of his wife when he hit her with the ploughshare.
  3. The reason for the death of victim was due to being hung by the neck. The victim had no intention of causing her death when he hung her as he had presumed she was dead and one cannot kill a dead person once again.
  4. The court hence held this was not a case of murder or culpable homicide as the key element- intention to cause death, was absent in both scenarios, when the accused hit the wife with a ploughshare and when he hung her body.

Judgment

The Hon’ble High Court overruled the judgement of the sessions court and held that the accused will not be held liable for murder or culpable homicide. He will instead be held liable only for the grievous hurt caused when using the ploughshare to hit the victim and for tampering with evidence.

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Lexpeeps Live Session on “Managing Diet & Stress in Trying Times for Legal Fraternity”

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ABOUT US:

Lexpeeps is totally dedicated to the legal fraternity law professionals get an opportunity to flourish their career in a better way. Lexpeeps organises various events like debates, seminars of its own and also organises the major law school activities on tie-ups with leading law school. Lexpeeps is not only limited to managing the legal events but it also provides internships to law students where the law professionals come in touch with each other and grow by associating with the company.
Lexpeeps is also focusing on several social works like providing information and free legal aid to the poorer section of society.

TOPIC OF THE EVENT:

Lexpeeps.in is organising a Live Session on “Managing Diet & Stress in Trying Times for Legal Fraternity”. 

WHY THIS EVENT:

In the time of stress, the best thing we can do for each other is to listen with our ears and our hearts and to be assured that our questions are just as important as our answers. Lexpeeps cares for the health of everyone belonging to legal fraternity.

EXPERT GUEST:

MS ADYA AHUJA (Counselling Psychologist)

MS ADITI AGARWAL SAINI (Nutritionist)

Moderator:

AISHWARYA RATHAUR

Co-Founder, Operational Head, Lexpeeps

Date and Time:

SEPTEMBER 06 ,2020 4:30-5:30 P.M.

Registration Procedure:

Registration Fee: Totally Free

Registration Link:

https://docs.google.com/forms/d/e/1FAIpQLSesOBHEs3jwdWQFGE1a6QDi2cyB0xlS1TUzkz8fQn-Fnm4_-w/viewform

Link to join the webinar will be sent through mail after successful registration.

Perks: Free E Certificate

Limited Seats Hurry UP (First Come First Serve Basis)

For Queries Contact Us:

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