Month: December 2020

Legal Job Opportunities: 5 Job Posts

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Job opportunity at Advocate Anushruti.

Opening for an associate having good knowledge of law and the zeal for the profession. Commercial litigation firm based out of Noida/ Defence Colony.
Nature of work- litigation at Supreme Court, High Court, NCLT, NCLAT, DRT, District Courts, Consumer Courts, various tribunals and commissions; contract ,drafting, vetting, etc.; other corporate works as well.

Salary as per industry standards; negotiable.

Interested candidates to send CVs with PQE mentioned in subject at:
anushruti.adv@gmail.com

ASA Legal Delhi office:

ASA Legal Delhi office is on the lookout for Lawyers with 0-2 years of professionally qualified experience in
banking and finance, project finance, and real estate finance. The incumbent would be expected to be a team player having a good academic record with good drafting and oral communications.

Desirous candidates may email their applications to hrasalegal@gmail.com (using the subject line Banking
& Finance/Real Estate).

A sole practitioner (CGSC, panel counsel with several govt. departments)

A sole practitioner (CGSC, panel counsel with several govt. departments) is looking to hire a colleague/junior, with preference for a fresher or at max experience of 1 year.

Interested candidates kindly send their resume at niddhiraman@gmail.com
CC: namitsuri 1990@gmail.com

Salary as per industry standards

Location: New Delhi

DSK Legal:

DSK Legal is hiring an Associate for its Litigation practice with 2-3 years of experience in New Delhi.

Job Qualification & Minimum requirements Should have LL.B graduation
Looking for an associate with expertise in Litigation with 2 to 3 years of experience in the energy sector

Remuneration Offered: As per the industry.

Application procedure:
Suitable candidates can send their resumes to hr@dsklegal.com.

VIS Legal:

VIS Legal full service law firm invites application in it’s litigation team for an associate, the Incumbent would be required to have English proficiency and
sound legal knowledge and a zeal to work in litigation.

PQE-0-2 years

Location: Jaipur

Drop CV with cover letter at vislegal@yahoo.com.

Legal Job Opportunities: 3 Job Post.

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Senior Manager-Legal & Compliance.

Desired Candidate – CS with min 4 years of experience, Degree in law i1s preferred.

Roles and Responsibilities:

To assist in managing the review and support of wholesale financial transactional documentation including credit, brokerage and cap markets documentation.
Responsible for reviewing constitutional documents, to ensure that all the requisite corporate consents and capacity and authority requirements are in place prior to finalization of agreements and subsequent commencement of business or trading.

Preparation of notes for Board on these regulatory requirements.

Interpretation, study and market practice on various Business compliance calls.

Ensuring compliance of various NEBFC businesses and reportng activities.
Attending and preparing replies to RBI inspection report.

Performing various Corporate Secretarial functions, Corporate Regulatory & Statutory Compliances in relation to Reserve Bank of India (RB), Ministry of Corporate Affairs (MCA), Registrar of Companies (RoC), and other Regulatory Bodies.

Management of ESOP’s scheme.

Skills Required:

Qualified member of the Institute of Company Secretaries of India
Experience with NBFC compliance is strongly preferred In-depth knowledge of all statutory laws and relevant regulations Excellent knowledge of reporting procedures and record keeping. An analytical mind able to – see- the complexities of procedures and regulations Excellent communication skills.

For more information about our Company, please login to wwwwestemcap.in

Please share your resumes on careers@westerncap.m

Senior Corporate Counsel.

Our client is one of the leading organization that provides information technology, consulting and business process services across the globe.

Position: Senior Corporate Counsel
PQE: 12-18 Years
Location: Bangalore

We are looking for an experienced Compliance person having strong experience working on Data Privacy, Compliance and Employment Law. The person will be a part of the central compliance team and be responsible
for providing guidance on compliance matters. Candidate from In-house having experience working with ITES / large enterprise company should only apply.

Interested candidates may email their resumes on nasrin@humanelevation.co.in

www.humanelevation.co.in

Legal Counsel (1-3 PQE) – Boutique Management, Consulting Firm- Singapore.

Excellent opportunity for a Singapore qualified lawyer with 1-3 years PQE to go inhouse with a boutique management consulting firm. You will report to the Senior Legal Counsel and your work will be focused on M&A, JVs, fund management landscape, advising clients on fund structure & setup etc.

Please drop a line on karansharma@aquissearch.com for a confidential chat.

Call for Campus Ambassador: All India Legal Forum: Apply before 31 January, 2021.

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ABOUT ALL INDIA LEGAL FORUM:

All India Legal Forum is a dream online platform which aims at proliferating legal knowledge and providing an ingenious understanding and cognizance of various fields of law, simultaneously aiming to generate diverse social, political, legal and constitutional discourse on law-related topics, making sure that legal knowledge penetrates to every nook and corner of the ever-growing legal fraternity. It also provides a valuable contemporary assessment of issues and developments in the legal field, putting forward quality legal content for the masses.

PEOPLE BEHIND AILF:

All India Legal Forum is a team of more than 150 law students across the country to tackle basic problems which a legal researcher faces in day to day life. Our honorary board consists of Justice A.K Sikri, eminent jurist and an international judge of the SICC; Advocate JLN. Murthy who is the Vice Chair of the American Bar Association of the United States and International Organizations; International lawyer, CEO and Managing Partner, Surana & Surana International Attorneys, Justice M.K. Sharma, Former Judge of the Supreme Court of India, SL. Bhayana, Senior Advocate the Supreme Court of India, Justice Amarnath Jindal, Justice; Sr. Adv. Amit Trivedi practising in Allahabad High Court Lucknow Bench, Lucknow; Sr. Adv. Dhruvin. U. Mehta, Gujarat High Court member and many more.

POST:

Campus ambassador

ROLE OF A CAMPUS AMBASSADOR:

The role of a Campus Ambassador primarily entails:

  • Promoting various events and posts at various social media platforms and in your college.
  • To bring on board the maximum number of students to the organisation through your profile link.
  • Share posters provided by All India Legal Forum in your campus notice board.
  • Meeting targets allocated by the mentor.
  • Circulating ads, posters and videos through E-mail, WhatsApp, Instagram, Facebook, Twitter, etc.
  • Reporting of progress on a daily basis to the allocated mentor.

ELIGIBILITY CRITERIA:

  • Students who are currently enrolled in the 3-year and 5-year UG Law course and willing to work for six months.
  • Students who are active on social media.

NO. OF VACANCIES:

Unlimited.

TENURE:

Six months

PERKS:

  • A Certificate of appreciation will be given every month based on performance to the selected top performers.
  • Certificate of completion will be given upon successful completion of the tenure of six months.
  • Special perks will be given (if possible)

APPLICATION PROCESS:

Interested candidates may mail their CVs at ailf12345campus@gmail.com latest by 31 January 2021. The subject of the e-mail should be ā€œApplication for Campus ambassadorā€.nWe will revert your confirmation after 31 st January 2021

Torts to Domestic Relations

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This article is written by T.PREETHI, student from government law college, Tirunelveli. In this article the student had explained about the torts in domestic relations and laws relating to its evolution.

INTRODUCTION

Relation had been evolving and the torts under this arena deals with familyā€™s inner working. The evolution in this tort hasnā€™t only shaped the way families may collect for damages or the interference to the family unit itself resulting from tortious conduct;

This has framed the way husbands, wives, kids and legal guardians are seen as legal entities. Also known as ā€œdoctrine of legal entityā€

The natural law identified the concept of family as a unit of government with the husband, physically the stronger, as the head, children and wives were treated as chattels and functioned under the manā€™s proprietary rights.

Prior to 1990s the courts had sustained the right of a wife to sue her husband for tort against her separate property. But, in the 1990s several advances in family law came up and gave women and children the legal rights to act as a distinct legal entity from their spouse/ father.

Earlier in family law, a tort was recognised as a similar right to sue much like the secondary liability, in which a superior/ the head act on behalf of his/ her inferior/ subordinate. The husband or father whoever was the head recovered the damages for injuries to the members of his family from the tortfeasor under the proprietary rights. The father or husband could recover for his family on the grounds of loss of ā€œservicesā€. ā€˜Serviceā€™ includes household chores namely cleaning, childcare, companionship, and other responsibilities that no longer available from the wife or child.

Between Husband and Wife

If a man commits any tortious act against his wife or he body, he is no longer exempt from the liability to her on the ground that he vowed at the alter to ā€œlove, cherish and protect herā€. The personal liability between husband and wife can be dealt with two scenarios.

  • The husbands liability for wifeā€™s tort and;
  • The action between the husband and wife

The Husband’s Liability for Wife’s Tort

It was impossible for a spouse to be civilly liable to the other for an act which would be a tort in the absence of a marital relationship between the two. This was removed after the introduction of married womenā€™s property act, 1882 and the land reform (married women and tortfeasor) act, 1935. These acts expressly gave the married women separate legal estate, with the rights and duties necessary to its maintenance.

It also opened the way either to sue or to be sued as an individual. However, if the parties are jointly involved in a tort, theyā€™ll be jointly held liable. In case of joint tortfeasors, the one (tortfeasor) who paid the full amount of damages for the wrong, couldnā€™t claim contribution from the others. This liability was abolished on the introduction of The land reform (married women and tortfeasor) act, 1953. The law changed to the effect that when a partner sues a third party, the other one can claim contribution from the other spouse who was a joint tortfeasor.

Action Between Spouses

Under the common law, there was no action for a torn between husband and wife. If one of the spouses commits any tort, the other party canā€™t sue the one who committed the tort.ie; neither the husband nor the wife can sue the other. This was changed after the introduction of married womenā€™s property act, 1882. This gave the women, right to sue her property. Property includes actions which are given in section 24 of the act. The women right to sue for property under this act, but it did not give her rights to sue her husband for causing personal injuries. But after

CURTIS VS WILMAX (1948) 2KB 474 (CA) people agreed with McCardieā€™s view that a thing in action dissented from his decision that ā€œthing in actionā€ as used to define separate property in section24 of the act was used in a limited sense. Accordingly, a wife can now sue her husband for a personal tort.

In BROOM VS MORGAN (1953) IQ.B.597 case, it was held that, if a husband commits a tort against his wife in the course of his employment of his master and the master was held liable for the same. DENNING.L.J observed that if the servant is immune from an action at the suit of the injured party owing to some positive rule of the law and the master is thereby absolved. The masterā€™s liability will be his own liability and stays with him, notwithstanding the immunity of the servant.

The rule of prohibiting spouses from taking action between them has been taken back by the law reform (husband and wife) act, 1962. After this act, the husband and wife can sue each other like any other party. This act places a restriction on action during the marriage by one spouse against another and the court gave power to stay the actions if it appears that no substantial benefits will accrue to either party from the proceedings or it can be more conveniently disposed under section 17 of the married womenā€™s property act, 1882.

In India, the capacity to sue and be sued is governed by their personal laws. Further, the constitution of India removed all anomalies of marital statues and personal capacity present in common law.

Parental and Quasi Parental Authority

Parents and the persons in charge have the right to administer the punishment on a child to prevent him/her from doing a mischievous act to him and to others. As per law the parent, teacher or guardian who has lawful control over the child or a younger person is allowed to administer the punishment on the child. Parents have the right to delegate their authority to the teacher when the child is sent to school. Such a delegation warrants the use of reasonable punishment only and if there is excess use of force, the person to whom the authority was given may be held liable for assault, battery or false imprisonment, as the can may be.Ā 

Torts in the Family

In the early period, the right to sue under family law was, more similar to that of the tort law, where the superior acts on behalf of the inferior/ subordinate. As said earlier, the damages were recovered by father/ husband under the ground loss of ā€œserviceā€.

Vicarious Liability

The system considers a family unit as a collective identity, rather than separate legal identities of the parties. The interests and relations of the family are considered proprietary to degree and by right. Therefore, if there is any interference or intervention that change, infringe or jeopardize the unit is considered as a tortious act under family.

Interference with Family Relations

Family tort in domestic relations are quite complex as the structure of the family and its working are after at the core of arguments put forth by the either parties. Tort in domestic relationship can be between husband and wife or parents and children. This may also include vicarious liability and negligence of the parent or legal guardian for torts committed by minor under the guardianship of an adult.

Injuries to Family Members

Superior parties being held liable for the actions of the subordinate parties is vicarious liability. Thus, a tort against the legally guarded will get vicariously transferred to the superior party for litigation purpose. In terms of domestic relations, parents are responsible for their childrenā€™s act, this also extents to legal guardians as well for the juvenile wards.

CONCLUSION

In the eyes of law, tort is a civil wrong, where one person infringes the duty owned to another one, and the duty arose just because of the existence of the relationship. It can be established that rights and liabilities doesnā€™t get affected by marriage.

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Material Alteration and Crossing of Cheques

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This article is written by Akhilandeswari Bonam, a student of Sri Padmavati Mahila Visvavidyalayam, Tirupati.

INTRODUCTION

Material Alteration is a party to the negotiable instrument. Material alteration can change the character of the instrument or the rights and obligations of the parties. An original instrument can be called an altered instrument after it is altered.

Material alteration occurs, when the changes have taken place in the instrument without the knowledge of the drawer, and changes made after the cheque has been issued. Where the nature of the instrument has changed by the alteration, it amounts to a material alteration. All material alterations must have the drawer’s approval with his full signature where the alterations are made. Without the permission and consent of the drawer, a blank cheque cannot be enforced.Ā 

Instances of Material Alteration

Alteration of date, name, rate of interest, the sum payable, time of payment, place of payment, the addition of parties, tearing a material part of the instrument, by increasing or affixing stamps, by the erasure of an account payee crossing, an order cheque to a bearer cheque except by or with the consent of the drawer.

Illustrations:- The drawer can change the instrument before issuing a cheque. It is always open to a drawer to voluntarily re-validate a negotiable instrument including a cheque. Veera exports vs. T.Kalavathy, 2002. The alteration may be made on changing the bank at which the bill is payable. He may also change the rate of interest in the instrument. Seth Tulsidas Lalchand vs.Rajagopal-1967.

Alterations which does not Constitute a Material Alteration

Alterations which are made with the consent of the parties and alteration which corrects the mistakes of data or clerical error. The alteration is not apparent and the instrument goes into the hand of the holder.

After alteration made in the instrument, the parties of the old instrument cannot be held liable to the new instrument or altered instrument to which they never consented.
Gaur Chandra vs Prasanna Kumar. The party who consents to the alteration or who alters the instrument is not entitled to complain against such alteration.

A material alteration is one that varies the rights, liabilities, or legal position of the parties as ascertained by the original instrument (Loonkaran Sethiya vs Ivan E. John, 1977). Whether an alteration is prejudicial or beneficial to the parties, the liability of parties is avoided by material alteration. 

Effects of Material Alteration

The material alteration of a cheque renders such instrument void and same cannot be enforced against any person who was a party to such instrument at the time of material alteration and did not give his/her approval to it.

Responsibilities of Banker

The paying banker should not make a payment on a materially altered cheque. If the alteration is confirmed by the drawer with his full signature, the banker should honour it. Material Alteration does not affect the collecting banker. Without the permission and consent of the drawer, a blank cheque cannot be enforced.

The Crossing of ChequesĀ Ā Ā 

The crossing of cheques means drawing two parallel lines on the face of the cheque.  Crossing of the cheque is an instruction to the bank given by the customer on how to give payment and who can give it. Crossed cheque cannot be paid at the counter, it can be endorsed to anyone, payment will be through the bank.

Object: A crossing is a warning to the bank not to make payment of the crossed cheque over the counter. Crossing functions as a caution to the paying banker.

Types of Crossing Cheques

General crossing: When a cheque bears two transverse lines across its face and the addition of words in between those lines.

  • Amount cannot be paid in cash
  • Amount can only be credited to the bank account of either the named payee or an endorsee

Special crossing: When the name of the banker is written on the face of the cheque. When the words “not negotiable” are added to the cheque, then the cheque losses its negotiability..

  • Amount cannot be paid in cash
  • Amount can only be credited to a bank account in the named bank.

Account Payee Crossing: Where the drawer adds the words like account payee, or account payee only to the general or special crossing it gives direction to the collecting banker to collect the cheque and credit the amount to the account of the payee only. This crossing is not statutorily recognized.

Not Negotiable Crossing

  • Cheque can be endorsed
  • Transferees cannot have or give a better title to the cheque than the transferor.

The addition of words takes away the main feature of negotiability that a holder with a defective title can give a good title to the subsequent holder in due course. It is a statutory crossing.

Protection of Paying Banker from Liability in the Following Cases

  • Where a cheque is drawn by the payee with an order of drawer, the banker is not held liable if such payee is a fraud, or the banker is not held responsible for the forged signature of the drawer.
  • The banker is not held liable in a cheque payable to the bearer. In this case, it doesn’t matter whether the apparent holder is the owner of the cheque or not.

The banker must have acted in good faith and without negligence.

  • The banker had received the payment of the crossed cheque.
  • The collection was made by the bank on behalf of the customer.

Double-crossing: When a cheque bears two special crossings is known as double-crossing. In this, the second bank acts as an agent of the first collecting banker. It is made when the banker in whose favour the cheque is crossed does not have a branch where the cheque is paid.

Opening of crossing: The cheque can be cancelled by the drawer by writing the words “pay cash” on the cheque with his full signature. Law does not permit but it has been risen out of custom.

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International Treaties on Environment Protection

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This article is written by Akhilandeswari Bonam, a student of Sri Padmavati Mahila Visvavidyalayam, Tirupati.

INTRODUCTION

A treaty or convention is conducted for the protection of the environment when the chemicals, hazardous substances, pollutants have taken place in the environment. The following are the conventions that cover the aspects of pollutants, hazardous wastes, and hazardous chemicals.


Stockholm Convention on Persistent Organic Pollutants

It is an international environmental treaty adopted in 2001 and came into force in May 2004. India approved to ratify the convention on 20th October 2005 and ratified in 2006. The convention aims to protect the environment and human health by eliminating the use of Persistent Organic Pollutants (POPs).

This convention was finalized after the completion of four years of work. UNEP is the leading international environmental entity that supports the agenda and implementation of environmental sustainability for the United Nations.
POPs are kind of chemicals that cause problems to the environment and human health because they are stored in the fatty tissue or organs of animals, where they can have toxic effects. POPs are organic compounds that are resistant to environmental degradation through chemical, biological, and photolytic processes.

POPs can disrupt the endocrine system, cause cancer, cause genetic defects, and weaken the immune system. Human beings mainly consume pops from food, drinking water, air, and also skin through direct contact with the chemicals.

The Persistent Organic Pollutants Review Committee was established to consider additional compounds for regulates the use of these chemicals.  The convention categorizes the 12 toxics into three viz, Pesticides, Industrial chemicals, and By-products.

Conference of Parties (COP) to the Stockholm Convention in Geneva, recommended for the elimination of production and use of endosulfan and its isomers worldwide, subject to certain exemptions. The role of parties is to implement the obligations of the convention. The process of becoming a party begins with a state or regional economic integration organization submitting a means of ratification, acceptance, approval, or accession to the depositary.

Structure of the Stockholm Convention

  1. Reporting obligations
  2. National Implementation Plan
  3. Notification of information to the secretariat
  4. Financial Mechanism (GEF)
  5. Financial and technical assistance
  6. Regional centers
  7. Legal basis for compliance

GEF – Global Environment Facility is a financial mechanism established to address global environmental threats. The convention will enable India to avail of technical and financial assistance for implementing measures to meet the obligations of the convention.

Basel Convention

The Basel Convention on the Control of Trans-boundary Movement of Hazardous Wastes and Their Disposal was adopted in 1989 by the conference of Plenipotentiaries at Basel, Switzerland. It entered into force on May 5th, 1992. Haiti and the United States have signed the convention but not ratified it. It does not, however, address the movement of radioactive wastes.

The Geneva meeting amended the 1989 Basel Convention on the control of hazardous wastes to include plastic wastes in a legally binding framework. The objective is to reduce the transboundary movement of hazardous wastes, minimize the generation of hazardous wastes, and help developing countries with the environmentally sound management of the hazardous and other wastes they generate.

Trans-boundary movement of hazardous wastes means several developed countries, dumped their hazardous wastes in some developing or less developed countries. To overcome this movement the Basel convention was designed. The transferring of wastes from developed countries to less developed countries has been termed as “toxic colonialism” by several authors. The reason for the rise of the movement of wastes from developed countries to developing countries is laxity in environmental laws, regulations, and their enforcement in the less developed countries. Clinical wastes from the hospitals, pharmaceutical products, mineral oils, etc are to be controlled under this convention.

Basel Ban Amendment

The original convention did not prohibit waste exports to any location except Antarctica but merely required a notification and consent system known as Prior Informed Consent.

Many wastes traders wanted to exploit in the name of recycling, so it was felt by many that there should be a full ban on the export of hazardous materials.

Requires certain controls over exports of hazardous and other wastes

  1. Notification and consent:-
  2. Sets the Prior Informed Consent
  3. Without this procedure, it considers as illegal traffic (criminal)
  4. Prohibitions or Bans:-
    1. Countries can ban imports on a national basis
    2. Ban on export to Antarctica
    3. Ban on trade between parties and non-parties

What does the Basel Ban Do and Not Do?

It creates a new Annex VII of developed countries – consisting of member states of the European Union, the Organisation for Economic Cooperation and Development (OECD), and Liechtenstein. It prohibits exports of hazardous wastes from Annex VII countries to Non-Annex VII countries. It does not prohibit trade from Non-Annex VII countries to any other countries. It does not prohibit trade between Annexure-VII countries.

Environmental Impacts

Downstream: Protects the environment and people in developing countries from pollution and exposure.

Upstream: Provides strong new economic and legal incentive for implementing waste prevention or green design at source


Rotterdam Convention

It is an international legally binding instrument that covers certain hazardous chemicals and pesticides in international trade. It is important to understand that the convention itself does not ban chemicals and pesticides but it is only asking for structured information exchange on these substances to protect human health and the environment.

To contribute to the environmentally sound use of those hazardous chemicals. It facilitates information exchange about their characteristics on a very broad range of chemicals. It is formally, the Rotterdam Convention on the Prior Informed Consent procedure for certain Hazardous Chemicals and Pesticides in International Trade.
The convention promotes an open exchange of information and calls on exporters of hazardous chemicals to use proper labeling, include directions on safe handling, and inform purchases of any known restrictions or bans.

Rotterdam Convention contributes to achieving food security through sustainable agriculture.
Global impact: Growing coffee without Endosulfan
Sub-regional impact: Promoting Agroecology through the elimination of hazardous pesticides.
Regional impact: Awareness of pesticide exposure of particularly vulnerable groups, EU-funded partner project in former Soviet Union Countries together with AGPMC.

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ONLINE INTERNSHIP OPPORTUNITY AT JOURNAL FOR LAW STUDENTS AND RESEARCHERS : APPLY BY 24TH JANUARY 2021

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The Journal for Law Students and Researchers [JLSR] is an Online Journal with ISSN: 2582-306X 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.

Our aim is to upgrade the level of interaction and discourse about contemporary issues of law. We are eager to become a highly cited publication, through quality contributions from students, academicians, professionals from the industry, the bar and the bench. JLSR welcomes contributions from all legal branches, as long as the work is original, unpublished, unplagiarized and is in consonance with the submission guidelines.

ELIGIBILITY:

  • Students pursuing their graduation degree in Law.
  • Good Writing Skills

Tenure:

  • One month (25th Jan, 2021 – 25th Feb, 2021).

Tasks & Instructions:

  • You have to send us 3 articles/research papers and 1 case comment unplagiarized ones during the tenure of internship.
  • Interns who will be sending us unplagiarized assigned work within time will be receiving certificate of completition.

Application Procedure:

Mail your CV at jflsrjournal@gmail.com

Note : If you did not receive any response from our side till 20th then assume that our internship slots are filled.

Contact Info:

jflsrjournal@gmail.com

www.jlsrjournal.in

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2 Days workshop on Legal Aid by Lawgical and JLSR: Register now!

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About Lawgical:

Being Lawgical:

Being Lawgical is a student run platform that started in the year 2020, with the main aim to spread legal awareness relating to all socio-legal contemporary issues. We aim to provide a platform that can make learning about law simple and fun.

Being Lawgical focuses on encouraging students, professionals, members of academia to share, enhance, learn and explore their knowledge of law in every way possible.

JLSR Journal:

Journal for Law Students and Researchers (JLSR), envisions to empower the individuals of tomorrow to advance and learn from the theoretical and practical aspects of the contemporary law today. Law as a field, is a predominantly present in the lives of people in society, and as such its discourse and dissemination are requisite in a proper forum today. Journal for Law Students and Researchers (JSLR), therefore, acts as a platform for the researchers and students, along with academicians to publish their research on contemporary issues of the law, so as to enable the growth and understanding of the aspects of the law to the interested individuals in society.

About Legal Aid and PIL:

Legal Aid:

Legal aid may be taken to mean free legal assistance to the poor persons in any judicial proceedings before the Court, Tribunals or any authority. It intends to provide free legal assistance to the poor persons who are not able to enforce the rights given to them by law.

The preamble of the Indian constitution aims to secure to the people of India justice ā€“ socio economic and political. Article 38 and 39A of the Indian constitution are notable. Article 38(1) states- the State shall promote the welfare of the people by securing and protecting the social order including justice and Article 39-A of the constitution states that the state shall in particular, provide free legal aid, by suitable legislation or schemes, to ensure that opportunities for securing justice are not denied to any citizen.

PIL:

Public interest litigation is not defined in any statute or in any act. It has been interpreted by judges to consider the intent of public at large. Although, the main and only focus of such litigation is only Public Interest there are various areas where a Public interest litigation can be filed.

The expression ā€˜Public Interest Litigationā€™ has been borrowed from American jurisprudence, where it was designed to provide legal representation to previously unrepresented groups like the poor, the racial minorities, unorganised consumers, citizens who were passionate about the environmental issues, etc.

Public interest Litigation (PIL) means litigation filed in a court of law, for the protection of ā€œPublic Interestā€, such as Pollution, Terrorism, Road safety, Constructional hazards etc. Any matter where the interest of public at large is affected can be redressed by filing a Public Interest Litigation in a court of law.

Now a days we see that legal aid and PIL play an extremely important role.

Workshop Details:

Topic: LEGAL AID WITH SPECIAL REFERENCE TO PIL

Dates: 6th  February, 2021 & 7th February, 2021

SESSIONS:

Day -1: Basics of PIL and provisions relating to legal aid.

Day-2: Practical aspects of PIL.

SPEAKER:

Dr. Hardik Parikh

Assistant Professor of Law & Faculty Convener, Legal Services Committee,  Gujarat National Law University.

Perks:

  1. E-Certificate of participation.
  2. Material/PPT made by the Speaker.

Registration and Payment Details:

Registration Form: https://docs.google.com/forms/d/1ZR3zcrsN4or0St373WgOaB0u1I6zVdY7kwRmjZeVLrk/edit

Registration Fee:

130/- only

Googlepay/Paytm/Phonepe at 9310126697

Note: Enrollers will be added to whatsApp group within 24 hours once enrolled

Contact Information:

Mobile: +91 9310126697

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SC allows Farmersā€™ protest to continue without any Breach of Peace or Impediment

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-by TANUJ SHARMA

The petitioner representing a fraction of the population of the residents of NCT Delhi/Haryana had submitted the claim that the manner in which the protests by the farmers are being carried on is seriously preventing the supply of essential goods to the city due to the current restrictions on the free movement of the goods vehicles. And this will lead to a sharp increase in the prices of the goods which will be difficult for people specially in difficult times of pandemic.

The petitioners further submitted that no fundamental right is absolute and hence it would be necessary for the court to determine the limits of the right of free speech and expression and the extent to which this particular right can be exercised with the rights of other citizens.

The respondents have contended that the roads are blocked by the police in order to prevent the entries of protesters or farmers from entering to the city.

The bench adjudicated by honā€™ble CJI SA Bobde and Justices AS Bopanna and Justice V Ramasubramanian held that there can be no obstruction to the rights of the farmers to protest as long as it is a non-violent protest not leading to damages to life and property of other citizens and is in accordance with law.

Additionally, the court advised the parties to submit suggestions about the constitution of the said committee on the next date of hearing in the matter. In the meantime, it granted the respondents to continue their protests freely without damaging any life or property.

The High Court of Allahabad extends protection accused in violation of Anti- Conversion Ordinance of U.P.

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The petitioner has filed a Writ of Certiorari to quash down the FIR registered against him under Sections 504, 506, and 120-B IPC and Section 3/5 of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance 2020 (U.P. Ordinance No.21 of 2020).

According to the facts, it has been alleged that the petitioner used to visit the informant’s house to meet the latter’s wife (victim in this case) and a mother of two children. He used to do so in an attempt to convert her so that he can marry her and for that very purpose he had gifted her mobile phone.

The petitioner submits that the FIR has been filed based on mere suspicion and no concrete evidence has been presented against the same. Further, under Article 25 of the Indian Constitution, all persons are equally entitled to freedom of conscience and the right freely to profess, practice, and propagate religion, subject to public order, morality, and health and the other provisions of Part-III of the Constitution. The petitioner further has submitted that the present case is also about upholding the right to privacy as a basic right under the Indian Constitution.

The court has upheld the claim of the petitioner and has observed that the victim is an adult and is aware of her well-being. She and the petitioner have a Fundamental Right to Privacy. As two adults they are aware of the consequences of their supposed relationship.

The court while highlighting the argument on the right to privacy has mentioned the decisions upheld by the Hon’ble SC in the cases of Justice K.S. Puttaswamy and others Vs. Union of India (UOI) and Ors. reported in (2017) 10 SCC and in Joseph Shine Vs. Union of India, (2019) 3 SCC 39.

The next date of listing for the matter is the 7th of January 2021. Till then the court has ordered issuing a notice to the Respondent that no coercive measures are to be taken against the petitioner in connection.