Month: December 2020

Madras High Court Sets Aside Order by the District Court Against Lawyer using Unparliamentary Words During Court Proceedings

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The High Court of Madras has recently granted relief to a lawyer by setting aside the order of a Principal District and Sessions Judge who had found him guilty of the usage of unparliamentary words in the virtual proceedings of the court. (G Samwell Rajendran v. The Principal District and Sessions Judge, Thoothukudi).

Facts of the case

Advocate G Samwell Rajendran was appearing before the Principal District and Sessions Judge virtually through a WhatsApp video call for an application of bail of his client when he suddenly started uttering certain unparliamentary words. This was observed by the learned Public Prosecutor, Stenographer, Protocol Officer and System Analyst. On this, the learned judge issued a show-cause notice under section 228 of IPC r/w section 345 of Cr.P.C. through email to the advocate concerned and the latter replied by email as well. The learned judge was not satisfied by the email received, and imposed s fine on the advocate of Rs. 200 and referred the matter to the Bar Council, against which the Advocate has filed for a revision this revision case. 

Arguments

The learned Principal District judge of Thootukudi reported that the advocate had during the virtual proceedings of the court had uttered the usage of some unparliamentary words which are unacceptable and cannot be brushed aside. Further, he noted that there is no dispute over the facts and the appellant was given the opportunity to file his reply through mail indicating sufficient time, which the court found unsatisfactory. 

On the other hand, the appellant had mentioned in his reply that because of poor signals he was attending the virtual proceedings in his car and someone had very rashly driven and caused scratches to his car. And in the spark of that moment, the appellant had abused the driver. The appellant had no intention to disrupt the proceedings of the court or insult the court of law. The appellant has further mentioned that he was not given the opportunity for a physical hearing and he, not being accustomed to the technology found a typographical error in his reply. Instead of writing, ‘this would not occur in future’, the judge mistakenly must have misunderstood ‘it would not occur in due course’. Moreover, he also submitted that even after paying the fine, the learned Principal District Judge had referred the matter to the Bar Council. 

Judgment

The high court mentioned in its judgment that considering the fact that the virtual courts have been introduced for the conduction of proceedings and that the appellant had extended his apology, the order of the district court must be set aside along with the fine being refunded to the appellant.

Report By Tanuj

Supreme Court: If the Common Intention is proved then Section 149 IPC can now be switched to a charge under section 34 IPC

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The Supreme Court in its judgement recently held that it had now been made permissible to switch a charge that was under Section 149 of the Indian Penal Code into a charge that was under Section 34 of the Indian Penal Code if the facts prove that the crime was actually committed in the furtherance of an intention that was common.

[THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA & ORS.V. SHAJI POULOSE & ORS]

The bench comprised of Justices  SN V Ramana, Surya Khan and Aniruddha Bose and it observed that Sections 211 to 224 of criminal procedure code give significant flexibility to courts for altering or rectifying the charges as these sections deal in the framing of charges in criminal trials.

The bench while giving the judgement quoted the dictum laid down in the case of Karnail Singh v State of Punjab (1953). It had been held in this case that 

“…if the facts to be proved and the evidence to be adduced with reference to the charge under Section 149 would be the same if the charge were under section 34 then the failure to charge the accused under Section 34 could not result in any prejudice and in such cases the substitution of Section 34 for Section 149 must be held to a formal matter.” 

The bench also made observations that even when the Sections 34 and 149 of the Indian Penal Code are both modes for apportioning vicarious liability on either individual members of a group there actually exists some important differences between the two provisions and Section 149 of the Indian Penal Code has been formulated to assign liability on the basis of membership of an unlawful assembly however Section 34 requires such active participation and a prior meeting of minds so that the section can be proved. Such common intention, however, is in reality usually referred to indirectly on the basis of the conduct of the individual and it is very rarely done with the help of direct evidence.

What do Sections 149 and 34 of the Indian Penal Code provide?

Section 149 of the Indian Penal Code provides for the vicarious liability of members who engage in an unlawful assembly for the crime committed by any member of the assembly for the furtherance of a common object and also makes such persons liable for the same punishment. The prerequisite required for invoking this section is that there should be more than 5 or at least 5 persons in the assembly.

Section 34 of the Indian Penal code, on the other hand, holds that whenever a criminal act is done by several persons in the furtherance of any common intention that is held by each one of them then each of such person is liable for that act in the same manner as if it was done by either of them alone.

In the present case, the Supreme Court was actually dealing with a situation where 3 out of a group of 7 persons who had been accused under section 307 of the Indian Penal Code which provides for an attempt to murder had been acquitted. Since the number of convicts under the assembly had now become less than 5 hence the application of Section 149 was not possible in the present case the issue, therefore, arose before the court as to whether it was lawful if the court could make the use of Section 34 of the Indian Penal Code that is the common intention in order to ascribe criminal liabilities to members of the group.

What the Supreme Court opined- 

With the reference made to various precedents, the Supreme Court came to the conclusion that Section 34 of the Indian Penal Code could be used in such a situation if the common intention had already been proved.

The Supreme Court was of the decision that the appellants  had not suffered any unfavourable effects when three of them had been held individually guilty for the offence by the Punjab and Haryana High Court for attempting murder without the aid of Section 149 of the Indian Penal Code thus on the said facts the Supreme Court was of the opinion that the requirements of Section 34 of the Indian Penal Code had been well established in the present case as the attack was apparently premeditated. 

Consequently, the conviction of the appellants under section 307 of the Indian Penal Code for the attempt of murder was thus upheld.

Report By-Alifya Kasimuddin

Judgement_09-Dec-2020-LexpeepsCheck here

A DAUNTLESS MOVE: A MOBILE CALL HALTED THE HEARING OF A BAIL PLEA

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An interesting dauntless move made by the Principal Sessions Judge Abdul Rashid Malik in 

Sheikh Salman v. JKUT through SHO P/S Saddar, Srinagar

He stated that he gets a mobile call at 9:51 in the morning from the Secretary to Justice Javed Iqbal Wani of the Jammu and Kashmir high court when the bail plea moved by one Sheikh Salman was condemned to be heard. the contents of the call made by Tariq Ahmad Mota, Secretary to Justice Wani, were:

 “I have been directed by the Hon’ble Mr Justice Javed Iqbal Wani to convey you to make sure that no bail is granted to Sheikh Salman. If there is any Anticipatory bail pending, the direction is the same.”

 Ad rem, the president for Jammu and Kashmir High Court Bar Association (J&K HCBA)  Mian Abdul Qayoom is the father-in-law  Of Justice Javed Iqbal Wani.

Mr Qayoom was arrested during the clampdown launched last year, ahead of the Centre’s move to revoke J&K’s special status. Mr Qayoom was upheld in detention under the stringent Public Safety Act (PSA) and his release was opposed by Justice Wani, as government’s advocate.

The applicant in the case was alleged to be accused of being punishable for attempt to Murder, Wrongful restraint and Hurt which are covered under sections 307, 341 and 323 of the Penal code.

Mindfulness of a person’s right to liberty Abdul Rashid Malik took a courageous step

He directed in an order dated December 7 that the bail application be submitted to the Registrar Judicial of the High Court, and requested that the same may be placed before the High Court Chief Justice Gita Mittal 

 On 11th of December The bail application was further directed to Additional District and Session Court, The accused was granted the anticipatory bail in the same.

 Ad rem, In view of the retirement of the Chief justice Gita Mittal, Justice Rajesh Bindal has been appointed by the President as the Acting Chief Justice (CJ) of the Jammu and Kashmir Court

Report By Anjali Singh

General Limitations on the Means and Methods of Warfare

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



INTRODUCTION



Means and Methods of Warfare are the procedures by which the military commanders used the weapons in conflicts.
Where conflicts arise between two armed forces or civilians, the military commanders use the strategies of methods of warfare against an enemy.
The strategies and techniques which are used in conflicts are the methods of warfare. A number of methods are specifically prohibited under treaty and customary IHL. Means of warfare are the weapons or weapons systems used. Example: chemical weapons, anti-personnel mines etc. The use of a specific weapon in armed conflict can be completely prohibited and the weapon itself considered unlawful.


Object

The IHL states the objective of war is to weaken and overpower the opponent’s military forces. It restricts the weapons and their ways of usage in war.
IHL prohibits the means and methods which cause unnecessary injuries and suffering. IHL also prohibits the means and methods which
1. fail to discriminate between military commanders and civilians,
2. cause severe damage to the environment.
The purpose of prohibition is to protect population, individual civilians and civilian property.
IHL has therefore banned the use of many weapons, including exploding bullets, biological and chemical weapons and laser weapons etc. The purpose of HL is to strike a balance between military necessities and human needs.


Precautions in Attack


• To verify that the objectives to be attacked are in fact legitimate military targets
• To choose means and methods of warfare to avoid or minimize collateral damage
• To refrain launching an attack which does not meet the proportionality test.


Restrictions under IHL


The IHL forbids the killing or wounding of any enemy person who surrenders or is unable to fight, they must be protected by the party in whose power they found themselves. It also restricts to provide medical personnel, hospitals, supplies and ambulances.
Weapons Prohibited by protocols:
i. Protocol I prohibits the use of any weapon which causes injury by fragments.
ii. Protocol II prohibits the use of mines, booby traps and other similar devices.
iii. Protocol III prohibits the use of incendiary weapons and the weapons which are       primarily set to cause fire on opponents.
iv. Protocol IV prohibits the use of laser weapons specifically designed to cause permanent blindness.
v. Protocol V requires the parties to a conflict to take measures to reduce the dangers posed by explosive remnants of war.
These protocols applied to both international and non-international armed conflicts after the 2001 amendment.


Limitations of warfare adopted by the Philippines


The Philippines has ratified almost all relevant IHL treaties and conventions. It is also one of the first Asian countries to adopt a domestic law providing punishments for violations of IHL and an act protecting the use of the Red Cross and other emblems. The Philippines have integrated the teaching of IHL in the armed forces, judiciary and police institutions.


Rights of Prisoners under IHL


There are detailed rules governing the conditions of detention for prisoners of war and the way in which civilians are to be treated when under the authority of an enemy power. These rights include  provision of food, shelter and medical care and also right to communicate with their families.
The rules and regulations on the conduct of hostilities:
Principle of Military necessity: It permits measures which are actually necessary to accomplish a legitimate military purpose and are not otherwise prohibited by IHL.
Principle of Distinction: It prohibits Indiscriminate attacks.
Principle of Proportionality: It prohibits attacks which may be expected to cause incidental loss of civilian life, injury or damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated. Where conflicts severely take place this principle becomes more crucial.


Three Criteria for Direct Participation in Hostilities

  1. Action must be likely to cause harm, it also consists in any death, injury or destruction of a person’s or objects protected against attacks including civilians and civilian objects.
  2. Direct causation: According to ICRC the harm in question must be brought about in one casual step.
  3. Belligerent Nexus: The act must be closely related to the hostilities and constitute an integral part.

Fundamental Principles of the Red Cross

The fundamental principles of the Red Cross and the Red Crescent are seven, they were adopted in 1965.
1. Humanity      
2. Impartiality   
3. Neutrality
4. Independence
5. Voluntary Service
6. Unity
7. Universality


Out of seven, the four are the core principles.


1. Humanity: It is the essential principle of humanitarian action, it sets the whole purpose of humanitarian action which is to prevent and alleviate suffering of people affected by humanitarian crisis but also to protect life and natural respect for human dignity.
2. Impartiality: It is an integral part of this idea of humanity. The relief action will be given irrespective of the political sympathies, or race, religion or gender. Aid should be based only on urgency and severity of the needs and also irrespective of personal bias.

It has three important aspects:

• Non-discrimination    

• Proportionality

• Exclusion of personal bias.

3. Neutrality: It has two main aspects


I. Military neutrality, which is not taking side hostilities.
II. Ideological and religious neutrality, which is to abstain to engage in controversies of religious, political nature.


4. Independence: It is about maintaining autonomy from any parties to the third party in a given conflict i.e., either political or  economic and military interests of any party in a given conflict.

Public International Law provides some guidance on the type of conduct that would be arbitrary and circumstances in which withholding consent would be arbitrary, essentially it is in three situations.

1. Withheld in circumstances that would violate a party’s other obligations under IL towards the civilian population in question.

2. If withholding consent violates the principles of necessity and proportionality.

3. If consent is withheld in a manner and that is unreasonable and just lacking in predictability or otherwise inappropriate.

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Judicial Activism

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This article is written by Gaurav Purohit, a student of Amity University Rajasthan.

INTRODUCTION

The Judiciary assumes a significant role in maintaining and promoting the rights of residents in a nation. The dynamic function of the judiciary in maintaining the rights of residents and protecting the constitutional and general set of laws of the nation is known as Judicial Activism. This involves, in some cases exceeding into the territories of the executive. Candidates should realize the judicial overreach is an aggravated version of Judicial Activism.

Judicial Activism is viewed as an achievement in liberalizing access to justice and giving relief to the disadvantaged group, on account of the endeavors of judges V R Krishna Ayer and P N Bhagwati.

The Black’s Law Dictionary characterizes judicial activism as Judicial Philosophy that inspires judges to depart from the conventional precedents in favor of reformist and new social policies.

Methods of Judicial Activism

There are different strategies for Judicial Activism that are continued in India. They are: 

  • Judicial Review: power of judicial activism of the judiciary to interpret the constitution and to announce any such law or order of the legislature and executive void, if that it discovers them in contradictory to the Constitution) 
  • PIL: The individual filing the petition must not have any private interest in the litigation, this petition is acknowledged by the court just if there is an interest of large public included; the aggrieved party doesn’t file the petition.
  • Constitutional Interpretation which is the Supreme Law of Land.
  • Supervision of higher Courts on Subordinate Courts
  • Access to the international statute for ensuring Constitutional Rights.

Importance of Judicial Activism  

  • It is a viable instrument for maintaining residents’ privileges and implementing principles of the constitution when the legislature and executive fail to do so. 
  • Residents have the judiciary as the last hope in securing their rights when all other doors are closed. The Indian Judiciary has been considered as the gatekeeper and defender of the Indian Constitution. 
  • There are provisions in the constitution itself for the judiciary to embrace a proactive job. Article 13 read with Articles 32 and 226 of the Constitution gives the power of the judiciary to the higher judiciary to announce any executive, legislature, or administrative’s action void if it is in contradiction with the Constitution. 
  • As per specialists, the move from locus standi to public interest litigation made the judicial process more participatory and democratic. 
  • Judicial activism counters the feeling that the judiciary is a spectator.

CASES OF JUDICIAL ACTIVISM

  • In 1979, the Supreme Court of India decided that undertrials in Bihar possessed as of now served time for more period than they would have, had they been convicted. 
  • Golaknath case: The inquiries, for this case, were whether the amendment comes under the definition of law under article 13 and can the Fundamental Rights can be amended or not. SC mollified that Fundamental Rights are not agreeable to the Parliamentary restriction as expressed in Article 13 and that to amend the Fundamental rights another Constituent Assembly would be required. Likewise expressed that Article 368 gives the system to amend the Constitution yet doesn’t present on Parliament the power to amend the Indian Constitution. 
  • Kesavananda Bharati case: This judgment characterized the basic structure of the Indian Constitution. The SC held that although no part of the Constitution, including Fundamental Rights, was beyond the Parliament’s amending power, the “basic structure of the Constitution couldn’t be repealed even by any constitutional amendment. This is the basis in Indian law where the Judiciary can strike down an amendment passed by Parliament that is in abrogation or violation of the basic structure of the Constitution of India.
  • In the 2G scam, the SC dropped 122 telecom licenses and range assigned to 8 telecom organizations because the process of allotment was imperfect and it was flawed. 
  • The Supreme Court revealed a sweeping prohibition on fireworks in the Delhi – NCR region with specific exemptions in 2018. 
  • The SC conjured terror laws against alleged money launderer criminal Hasan Ali Khan.

Advantages of Judicial Activism

  • Judicial Activism sets out a provision of balances and controls to different parts of the public authority. It emphasizes required innovation via a solution. 
  • In situations where the law neglects to build up a balance, Judicial Activism permits judges to utilize their judgment. 
  • It places trust in appointed authorities and gives bits of knowledge into the issues. The oath of bringing justice to the nation by the Judges doesn’t change with judicial activism. It just permits judges to do what they see fit inside justified rationalized limits. In this way demonstrating the instilled trust and confidence is placed in the justice framework and its decisions. 
  • Judicial Activism causes the legal executive to keep a check the abuse of power and authority by the state government when it meddles or interferes and harms the resident or citizens. 
  • In the issue of the larger part, It helps address issues quickly where the lawmaking body gets stuck in taking decisions.

Disadvantages of Judicial Activism

  • Initially, when it outperforms its capacity to stop and abuse or maltreatment of power by the public authority. As it were, it restricts the working of the public authority. 
  • It abuses the constraint of power set to be practiced by the constitution when it supersedes any current law. 
  • The legal opinions of the adjudicators once taken for any case turns into the norm for administering different cases. 
  • Judicial activism can hurt general society everywhere as the judgment might be affected by any personal bias or selfish intentions. 
  • Repeated interference of courts can reduce the confidence of the individuals in the trustworthiness, quality, and productivity of the public authority.

CONCLUSION

Judicial Activism is the role played by the Judiciary to maintain the lawful and constitutional rights of the residents. Judiciary Exercises activities its own power to execute or strike down the laws and decides that encroaches or infringes the privilege of the residents or is to benefit the general public everywhere, whatever the case might be. Judiciary has gained their power with judiciary activism as the adjudicators can take up issue suo-moto any place they believe that constitutional laws are being abused and violated, in any case, with judicial restraint, a similar judiciary needs to abide by the executive who is given the sole power to administer for the general society.

Judicial activism is an item created exclusively by the legal authorities and not supported by the Constitution.  When the legal executive surpasses the line of the powers set for it for the sake of legal activism, it very well may be properly said that the judiciary at that point starts to negate the idea of separation of power set out in the Constitution. If judges can openly choose and settle on laws of their decisions, it would not just conflict with the guideline of separation of powers yet will bring chaos and confusion in the law as each judge will begin composing his laws as per his prevailing fads and quirks. Judiciary exercise must be respected to keep a proper balance. 

Making laws is the capacity and obligation of the lawmaking body, to fill the gaps of laws and to execute them appropriately. So that’s the only work remaining for the judiciary wing is interpretations. Only a fine balance between these administration bodies can support the constitutional values.

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Shreya Singhal v. Union of India

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This article is written by Gaurav Purohit, a student of Amity University, Rajasthan.

Background and Facts of the Case

The police of Mumbai arrested two girls their name was Shaheen Dhada and Rinu Srinivasan in 2012 for imparting their dismay at a bandh acquired in the wake of Shiv Sena leader Bal Thackery’s demise. The young girls posted their comments on Facebook. The arrested young girls were released later on and it was chosen to drop the criminal cases against them yet the arrests of them pulled in across the nation protest. It was assumed that the police have abused its power by conjuring Section 66A simultaneously, it is a breach of the fundamental right of speech and expression which is mentioned under article 19 of the Constitution of India 

The offense provided under section 66A of the Information Technology Act being cognizable, and law enforcement agencies have the power to arrest or carry out the investigation without warrants, because of charges brought under the information technology act. The result of this was several exceptionally well-known arrests of individuals all through the nation for posting their perspectives and feelings though govt called them objectionable content however more frequently these content were contradicting political opinions. On January 2013, the central govt had turned out with advisory under which no individual can’t be arrested without the police having the prior approval of inspector general of police or some other senior authority to him/her. The High Court called the whole order identified with the constitutional validity of the information technology act or any section inside it under a single PIL case.

Issues of the Case

  1. Whether Section 66A, Section  69A, and Section 79 are Unconstitutional, null, and void? As the language of all these sections was violating Article 14 and Article 19 Article 21 of the Constitution which is also known as the Golden Triangle of the Constitution

Petitioner’s Arguments

Section 66A takes away or abridges the Freedom of Speech and expression ensured under Art. 19(1)(a) and isn’t saved by the reasonable restriction referenced under Art. 19(2). That causing of irritation or annoyance, burden and inconvenience are outside the extent of Article 19(2) 

Section 66A looks to create an offense yet have infirmity also, bad habit of unclearness as it doesn’t characterize the terminology utilized in it. The terminology utilized are subjective in nature and are left open at the desire and will of the law implementation agencies to interpret it. The limitation is absent. 

Article 14 was violated as there was no intelligible differentia the necessary link as to why just one method of communication is focused by this section. So it was self discriminatory.

Respondent’s Arguments

The legislature is in the best situation to address the necessities of individuals and the courts will only step in when a law is violative of Part III and there is the assumption for Constitutionality of the law in question.  The court would so interpret a law to make it practical and in doing so can add something extra to or read down the provisions of law. Only probability of abuse can’t be a justification to proclaim a provision invalid. Free Language is utilized to defend or safeguard the privileges of the individuals from the individuals who abuse them by utilizing this medium. Vagueness isn’t a ground to announce a statute unlawful if it is generally qualified and non arbitrary.

Judgment

Section 66 A was struck down completely violating Article 19 (1) (a) which provides for the fundamental right of freedom of speech and expression and not saved under Article 19(2). Section 66A was about the punishment for sending offensive messages through different communication services Section 69A and IT (methodology and defend for obstructing for access to data and information by public rules are constitutionality valid. Section 79 is substantial or valid subjected to reading down of Section 79(3) (b). Section 118(d) of the Kerala Police Act was struck down and it was public order.

Conclusion

The judgment has protected and saved the fundamental right of freedom of speech and expression also, the expression is given to individuals under Article 19 (1) (a) of the Indian Constitution and restraining the state from the arbitrary application of power in setting to freedom referenced under article 19 of the constitution, simultaneously Given clear rules and guidelines for additional enacting law according to reasonable restriction on fundamental right and opportunity given by Indian constitution. But miss imploring the standard of transparency for rules to block the particular website. Needs some further cross-examination and fine-tuning as to viewers right as he/she should know why the state isn’t permitting them to have certain data and information and that reason can be challenged by the viewers also Notwithstanding, the Apex Court has put a lot of confidence in technical and complicated government process dependent on a dicey understanding of the abilities and capacities of the different parties involved. For instance, the law concerning the content-blocking method has been pronounced on the belief and assumption that the blocking of website rules (2009) gives a reasonable possibility and opportunity to be heard and to challenge an unconstitutional blocking order.

Other Landmark Cases Referred by Court of Law

Romesh Thapper v. State of Madras 1950 AIR 124

Khushboo v. Kanniamal & Anr (2010) 5 SCC 600

Bennett Coleman & Co. V. Union of India & Ors [1960] 2 S.C.R. 1671

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Call for Papers: Burnished Law Journal Volume 2 Issue 1: Submit by March 10, 2021.

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About the Journal:

Burnished Law Journal aims to provide a number of legal journal articles& practical update of law. We actively invite people to share his/her research on contemporary issues of law, so as to enable the growth and understanding of the aspect of law to the individual in the society the main aim of Burnished Law Journal, includes topic in socio-legal, socio-economic, or any other law related topic or social issues.

Theme: 

It focus on any issue related to law, economics, Polity, society. We welcome everyone those who want to publish there article.

How to submit:

Academicians, practitioners, researchers, students, and others interested in the field may send original, unpublished papersto burnishedlawjournal@gmail.com

Deadline:

For submission of full paper(s): March 10, 2021.

Submission guidelines:

Any students, Academicians, Lawyers, students pursuing LL.M. or Ph.D., and Educators .

Mode of Payment-7254849058 (GooglePay, PhonePe, PayTm)

Publication Fee:

For Single Authored Research Work (when only 1Author is submitting a single work) : Rs. 500 for any Authors  

For Co-Authored Research Work (when 2 Authors are submitting a single work) : Rs. 700 for any Authors 

For Co-Authored Research Work (when 3 Authors are submitting a single work) : Rs. 1000 for Any Authors

Requirements:

1.The manuscript shall be original work and unpublished.

2.The manuscript should be in MS Word format.

3.The body of the manuscript shall be in Times New Roman, font size 12, 1.5 line spacing. Footnotes should be in Times New Roman, size 10 single line spacing.

4. A uniform style of the citation must be strictly adhered to while submitting the paper.  

5. Co-authorship is permitted to a maximum of two authors.

6. Copyright over the published shall vest with Burnished Law Journal .

7. Full names of all the author(s) must be given.

Word Limit:

The Burnished Law Journal  invites original, unpublished content from all academicians, authors, legal professionals and from students across the globe under the following categories-

  • Short Articles: (1000-2500words, including footnotes)
  • Long Articles: (2500-4000 words, including footnotes)
  • Book Reviews: (2000-4000 words, including footnotes)
  • Case Comments: (2000-3500 words, including footnotes)
  • Research Papers: (2000-6500 words, including footnotes)

Note : Abstract should be upto 250 words only.

Plagiarism Policy:

All the submission submitted for the publication to Burnished Law Journal  must be plagiarism free. We may use any software to find out the plagiarism. But it is the duty of the contributors toassure the originality before the submission. [Note : Burnished Law Journal shall not be liable for any plagiarism or copyright issue.]

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5th National Online Quiz Competition by Team Attorneylex on IPC, CPC & CrPC on 25, 26 & 27 December 2020: Register before 23 December 2020.

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About Us:

Team Attorneylex is a newly developed organisation that is devoted to the law students of the country. Our primary purpose is to guide the law students in their legal research, content writing, analyse the case, read or understand the courts’ judgments, etc. because we believe that these things
are an essential part of the legal profession.

About the National Online Quiz Competition:

Team Attorneylex is organising its 5th Online National Quiz Competition on IPC, CPC & CrPC scheduled to be held on 25, 26 & 27 December 2020.

Eligibility:

Team Attorneylex looks forward to participation from law aspirants, students pursuing 5-year law and 3-years law, and LLM courses. Professionals from the legal fraternity are also invited to participate in
the Quiz.

Important Dates & Timing:

Last date for registration: 23th December 2020, 11:59 PM

Competition Dates:

IPC: 25th December 2020, 06:00 PM
CPC: 26th December 2020, 06:00 PM
Crpc: 27th December 2020, 06:00 PM

Declaration of Results:

30 December 2020.

Venue:

Online (Google forms)

Details:

IPC Quiz Details( 25th December 2020, 06:00 PM):

● The quiz competition is not a team-based competition, and thus, each student shall participate individually.
● The Quiz will consist of IPC questions, including significant/landmark judgments.
● It will consist of 30 MCQs.
● The total time limit for the Quiz is 10 minutes.
● Every question carries one mark, and there will be no negative marking.

CPC Quiz Details( 26th December 2020, 06:00 PM):

● The quiz competition is not a team-based competition, and thus, each student shall participate individually.
● The Quiz will consist of CPC questions, including significant/landmark judgments.
● It will consist of 30 MCQs.
● The total time limit for the Quiz is 10 minutes.
● Every question carries one mark, and there will be no negative marking.

CrPC Quiz Details(27th December 2020, 06:00 PM):

● The quiz competition is not a team-based competition, and thus, each student shall participate
individually.
● The Quiz will consist of Crpc questions, including significant/landmark judgments.
● It will consist of 30 MCQs.
● The total time limit for the Quiz is 10 minutes.
● Every question carries one mark, and there will be no negative marking.

Registration Fees:

IPC Quiz Fee: Rs. 50 (Early bird offer: Rs. 30, till 16th December)
CPC Quiz Fee: Rs. 50 (Early bird offer: Rs. 30, till 16th December)
CrPC Quiz Fee: Rs. 50 (Early bird offer: Rs. 30, till 16th December)
Register for any two @ Rs. 85 (Early bird offer: Rs. 60, till 16th December)
Register for all three @ Rs. 110(Early bird offer: Rs. 90, till 16th December)

NOTE: On successful registration, an acknowledgement mail will be sent to you within 48 hours of the registration.

Payments details:

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Registration Process:

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Interested candidates can fill the registration form – Click here
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Note: Please prefer mentioning your Whatsapp number as all important updates will be shared on Whatsapp.

General Rules:

● The registered candidates should join our WhatsApp group for updates.
● Link of the quiz will be shared in our Whatsapp groups.
● The Quiz results will be declared on the social media platforms and the Website of the Team Attorneylex.
● In the case of a tie, Time will be considered (Person who submits early will be given preference).
● Team Attorneylex will not be responsible for any technical error, any connectivity/device failure during the Quiz.
● The results declared would be final and the authority vests with Team Attorneylex to change or modify the same.

Perks:

● Winner: Cash prize Rs. 1000/- + Certificate of Excellence + Article publication on the website + Online Internship opportunity with the Team Attorneylex.
● Runner Up: Cash prize Rs. 500/- + Certificate of Excellence + Article publication on the website + Online Internship Opportunity with Team Attorneylex.
● 2nd Runner Up: Cash prize Rs. 250/- + Certificate of Excellence + Article publication on the website + Online Internship Opportunity with Team Attorneylex.
● Certificate of Merit to Top 10 performs.
● E – participation Certificate will be provided to all the participants.

Contact Information:

If you have any queries feel free to contact
Vanshika – 07055460463
Gaurav -09616696008
Email: contact@teamattorneylex.in
Website: teamattorneylex.in

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1st Article Writing Competition by Lexstructor Legal Publication [ISSN : 2582- 7081] (Cash Prizes, Free Publication)- Submit by January 2, 2020.

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About the Organization:

Lexstructor Legal Publication seeks to provide a platform to everyone who intends to address and analyze any legal, social-legal and contemporary challenges. It seeks to foster research and writing skills by igniting the young minds all over the world.

About the Competition:

Lexstructor Legal Publication is organizing its 1st Article Writing Competition on any contemporary issues in Law.

Eligibility:         

Academicians, Practitioners, researchers, students and others interested in the field may send original and unpublished articles.

Theme:

Lexstructor welcomes all articles related to law, socio-legal and contemporary issues.

Guidelines:

  • Submission should be made in MS Word format.
  • The manuscript shall be original and unpublished.
  • The manuscript shall strictly be free from plagiarism, any spelling mistakes and grammatical errors.
  • Co-authorship is allowed to maximum three authors.
  • The full names, designations, contact numbers and email addresses of all the author(s), must be mentioned in the cover page of the manuscript.
  • There shall be a uniform method for citation (BLUEBOOK 20TH EDITION) in the manuscript.
  • The body of the manuscript shall be in Times New Roman, font size 12, 1.5 line spacing. Footnotes should be in Times New Roman and size 10, with single line spacing.
  • Tabular columns, diagrams, or any photograph with proper sources are allowed to use in the Manuscript. Photographs and diagrams must be of 1200px x 675px or less than that.
  • A margin of 1 inch shall be maintained from all sides.
  • Manuscript texts should be justified and the headings should be either left-aligned or center-aligned.
  • An abstract of not exceeding 250 words (along with five keywords preferred) must be accompanied with the manuscript.
  • Article shall not exceed 6000 words (excluding footnotes).

Important Dates:

Last date of submission: January 2, 2021
Date of Declaration of Result : January 10, 2021

Registration Fee & Process :

  • Single Author : Rs. 60/-
  • Co-authorship (Maximum 2 authors) : Rs. 80/-
  • Co-authorship (Maximum 3 authors) : Rs. 100/-
  • Paytm/ UPI/ GPay Number : 7093745767 (Namrata Chakraborty)

Submit your articles and payment receipts here : 
https://docs.google.com/forms/d/e/1FAIpQLScf7fdXKVTl4Sl-APR62GvwgJpFR-
wp2cicyL8qsFcn5hw8-w/viewform?usp=pp_url

Perks:

  1. Winner will receive cash prize of Rs. 250/-, Certificate of Excellence and free publication opportunity in Vol. 1 Issue 2 of Lexstructor National Journal of Law and Technology with ISSN and Publication Certificate
  2. Next top 2 articles will receive Certificate of Excellence and free publication opportunity in Vol. 1 Issue 2 of Lexstructor National Journal of Law and Technology with ISSN and Publication Certificate, and Free Access to Our One Paid Event
  3. All other entries will receive Certificate of Participation and 10% off on our next paid event

Contact Details:

E-mail: lexstructorltj@gmail.com
WhatsApp: 9641060192
Website :  http://www.lexstructor.in

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Job Opportunity: Legal Director at Oracle India: Apply Now!

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About the Company:

Oracle is one of the world’s leading information technology companies as a provider of database and application software, cloud solutions, engineered systems and services. Oracle’s technology can be found in nearly every industry, and in the data centers of 98 of the Fortune 100 companies. Oracle is the first software company to develop and deploy 100 percent internet-enabled enterprise software across its entire product line: database, business applications, and application development and decision support tools.

About the Team:

We are awesome people that are passionate about our craft and what we deliver! In the APAC and Japan Legal Department, our attorneys have instinctively good judgment and outstanding integrity. To be successful in this role, you should have the ability to multi task and work independently!

About the Role:

Responsible for Corporate Legal operations of Oracle Financial Services Software Ltd, a publicly listed company, providing a full range of in-house legal services with emphasis on support to Sales and other line of business units as well as compliance with Oracle’s policies, procedures, and applicable law.

Job Type:

Legal

Travel:

Yes, 25 % of the Time

Location:

India-Mumbai

Job Type:

Regular Employee Hire

Organization:

OFSS

Key Objectives:

  • Strategic adviser to Board of Directors of Oracle and the OFSS Audit Committee on legal developments and risk management
  • Develop efficiencies both internally and with business customers
  • Coordinate legal support services with global legal members
  • Provide monthly and routine reports to the APAC Legal SVP
  • Personal development, particularly leadership and operational excellence
  • Train Oracle’s business employees for standard methodologies and operational governance
  • Achieve OFSS internal client satisfaction

Required Skills:

  • Outstanding leader in corporate environment and team manager
  • Do you have a high level of legal drafting and negotiation skills?
  • Excellent verbal and written communication skills and effective presentation skills
  • Solutions oriented approach to commercial and legal issues
  • Ability to perform and meet multiple deadlines, adapt to constantly evolving requirements, and an understanding of our business requirements and policies
  • Creative thinking and problem solving

Qualifications:

  • Professional qualifications to practice law in India
  • 10+ years of experience as a legal practitioner, including as an inspirational manager of people and in running a small legal team.
  • Proficiency in English, along with strong writing skills.
  • Experience with commercial negotiations, Financial Services sector business dealings and IT contracting, including software systems implementation contracts

Oracle is an equal opportunity employer and does not discriminate against anyone because of his or her race, color, religion, national origin, sex, sexual orientation, marital status, disability, medical condition, veteran status or other characteristics protected by law.

For detailed description of job please visit: https://oracle.taleo.net/careersection/2/jobdetail.ftl?job=200013N2&tz=GMT%2B05%3A30&tzname=Asia%2FCalcutta

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