May 2021 - Page 6 of 18

We,Team HR Mahakumbh are here to equip you with pertinent skills and practical learning experience with Industry leaders and provide you with offline & online trainings. Explore a new world with us where you going to learn and grow with corporate professionals and specialist officers.

Why should you intern?

•50% of internships result in full-time job offers.

•56% of surveyed students are still searching for a job or internship amidst the COVID-19 pandemic.

•Internship experience has been ranked by recruiters as the number one candidate criterion.

•Our-fifths of students who have had an internship said their professionalism and work ethic were ‘very’ or ‘extremely’ improved by the experience.

•Graduates with an internship are 34% more likely to receive at least one job offer upon graduation.

•Internship experience has been shown to be the #1 factor influencing employer hiring decisions for recent grads.

• A study showed that students who completed an internship earned about 15% more on average than those who did not engage in an internship

•April 2012 survey by the National Association of Colleges and Employers showed an overall

•Conversion rate for turning interns into full-time employers hit an all-time high of 58.6%.

• One University study showed that on average, only 30% of graduating seniors have job offers prior to graduation, whereas this number rises to 58% for students who have completed internships.

• 1.1% of respondents found their internships through a company website.

• 7.8% of respondents found their internships through professional networking.

What you will get ?

●Direct learning under experienced professionals from IIT /IIIM

●Knowledge sharing opportunity to meet CEO/MD/HR’s/CXO’s & Heads of Good MNCs and manufacturing forms good networking

●Opportunity to learn, Perform

● Internship Certification will be provided after successful completion of the internship.

● Get a peek into your corporate life before it actually starts

●Operational learning & Practical Implementation of all terminologies learned in the theory classes

●Letter of Recommendation (Valid in 126+ Countries/Embassies)

●Startup experience that will boost your skill sets and resume.

●Pre-placement offer will be given to the top performers of the batch.

● Learning: How to communicate & talk on E-mails with Various CXO’s & Other Industry Professionals

● Trophies: Medals & Lot’s of Personalized Social Media content.

● Shall become expert in handling Linked IN & Other portals

●Business communication

Official Notification:

https://www.linkedin.com/jobs/search/?currentJobId=2559462032&pivotType=jymbii

Opportunity to get exclusively best training during internship & thus No stipend as He or She will be working as an dedicated learner. Experience of working on the field and under experienced professionals are much valuable than anything else. All selected interns will be learning a lot & transformation will be observed after the experience under highly qualified Professionals.

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Purpose of the Role:

As a Legal associate, you will be an integral member of the Legal team. You will focus mainly on legal research, analysing and bucketing of different types of contracts, abstracting various kinds of contracts to help with CLM process. You will work closely with other Associates and Sr. Legal Associates ensuring to contribute towards smooth completion and delivery of the projects in timely and efficient manner.

Job Responsibilities:

Undertaking research and analysis on various legal aspects, perform extensive contract abstraction with an ability to understand complex matters to help with CLM process.
Experience in legal research and writing skills. A record of undertaking research and writing of papers, reports, presentations will be an added advantage.
Abstraction of commercial contracts
Updating and consulting with Senior Legal Associates and Managers
Working on Ad-hoc projects and when required

Required Skillsets:

3+ years’ experience working in relation to legal aid having a qualification in law (L.L.B/L.L.M)
Experience with contract review, abstraction, legal research. Excellent analytical and legal skills
Familiarity with Contract Lifecycle Management system will be an added advantage
Strong hold on Microsoft Excel, Microsoft word, PDF etc.
Effective verbal and written communication skills.
Excellent problem-solving skills and should be a quick learner. Detail oriented with strong ability to work independently, yet adept at utilizing interpersonal and organizational skills
Ability to work in team in diverse/multiple stakeholder environment. Working on ad-hoc projects as and when required.

Seniority Level

Mid-Senior level

Industry

Information Technology & Services

Employment Type

Full-time

Job Functions

Legal

Official Notification:

https://www.linkedin.com/jobs/search/?currentJobId=2564342205&pivotType=jymbii

How to Apply?

https://contractpodai.bamboohr.com/jobs/view.php?id=60&source=aWQ9MTk%3D

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Company profile

We are the pioneering player in the FinTech industry in India in the institutional credit space. We have created a one of a kind online marketplace for institutional credit ‘CredAvenue’, bringing together issuers and lenders, while also participating in the marketplace through their own balance sheet. Within a short span of two years, CredAvenue has gained immense traction and boasts of multiple clients across sectors, 120+ investors across multiple segments and a high volume of credit deal closures. To read about the latest numbers we have clocked, please visit www.credavenue.com.

We are backed by two of the leading global Private Equity firms and have also been successful in attracting high quality talent from some of the leading companies and universities globally. With the fundamentals in place, we are now gearing up for our next phase of high growth, and we are further building up our team to take the company to the next level.

About the team and role

Drafting, reviewing and negotiating transactional documents covering loans, debenture subscriptions/ issuances, structured finance and other transactions.
Review and rendering of advice on transaction structures from a regulatory perspective.
Drafting of various processes and standardization of templates.
Co-ordinating with external counsels for advisory and related matters.
Assist in due diligence processes.
Managing overall corporate legal activities of the company.
Contribute towards knowledge management and building of the team from a legal and regulatory perspective.
Actively co-ordinate with internal teams to ensure smooth transaction closure and implementation of processes where relevant.
Preparation of high-quality initial documentation which requires minimal modifications.
Undertaking of transactions independently with limited guidance/ overview.
Assistance in execution of transactions.
Research on applicable statutory and regulatory norms, precedents and market practices.

Primary responsibilities

Establishing and implement the legal vision along with the founding team.
Manage a high-pressure work environment, responding to the needs of a fast-growing business on institutional finance, capital markets, asset management and retail finance.
Always be on the cutting edge of legal developments and disseminate to the wider organisation important trends on aspects including but not limited to:
Technology and impact on financial services
Regulatory norms applicable to the organization
Legal regime surrounding the services and products offered by the organization
Foreign investment norms
Structured finance
Retail finance
Consumer protection frameworks and applicability to VCPL
FEMA
Taxation
Asset management
Equity investments.
Assist in development and implementation of scalable internal policies on:
Risk management
Recovery processes
Evaluation of collateral
Conflict of interest
Consumer protection
Other internal processes.
Identify competitive advantages and legal / regulatory trends for the benefit of a company.
Be responsible for real time resolution and to deliver key requirements confirming to specified timelines and client requirements.
Ensure delivery of high quality work customised to meet specific client and business requirements, meeting the best market standards.
Communicate effectively and unambiguously with all internal and external stakeholders.
Build own negotiating capabilities.
Work in a collaborative manner to benefit from the collective wisdom and deal experience of the market, while retaining own discretion.
Assist in preparation of and ensure implementation of sound processes that realize hygiene around all activities including data management, confidentiality, drafting standards.
Assist the team in developing well researched positions and practices and in rendering sound advice for undertaking transactions.

Desired Skills

Good technical knowledge of laws pertaining to the field of banking and finance.
Excellent and in depth research skills.
Possess a highly solution oriented and business focused approach and always play an enabling role for business.
Have excellent drafting, and reviewing skills, be adept at problem solving, running large deals till closure and possess the ability to prepare high quality and well drafted documents.
Ability to understand business requirements and how this would translate to requirements from the legal team.
Have impeccable integrity, work ethics and ability to maintain strict confidentiality.
Ability to present / articulate / position an idea compellingly.
Be as ambitious as we are, and hence willing to travel, go out of her / his way to build at the highest quality, burn the midnight oil to meet goals and deadlines.
Have demonstrated resilience – stayed with companies with minimal/ no switch in jobs.
Willingness to learn quickly, including the commercial and structural aspects of products and effectively implement such learning.
Reliability for timely and effective completion of work allocated.

Work Environment Details

An opportunity to play a formative role in an ambitious financial services marketplace spanning investment banking, debt capital markets, institutional finance, retail lending and asset management
A journey that will challenge and reward you in a manner few others will

Seniority Level

Mid-Senior level

Industry

Financial Services
Banking
Investment Banking

Employment Type

Full-time

Job Functions

Legal

Official Notification:

https://www.linkedin.com/jobs/search/?currentJobId=2541789618&pivotType=jymbii

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This article is written by Sonam Sanjay Pandey, a student of DY Patil Deemed to be University School of Law, Navi Mumbai. Through this Article the author tends to analyse the details of the maxim “Volenti Non-Fit Injuria” and its application under law of torts.

Definition

Volenti Non-Fit Injuria from Nolo’s Plain Law Dictionary is a Latin term for “to a willing person, no injury is done.” This basically means that a person who knowingly and willingly puts himself/herself in danger cannot sue for any injuries resulting from the same.

Applicability

In a case where a person gives his consent to do an act and it leads him to get himself injured, he cannot claim damages or sort relief from the court. The consent of the plaintiff is the defense which is Volenti Non-Fit Injuria which means no injury is done to a willing person.

Essential Elements of Doctrine

For the use of the defense of Volenti Non-Fit Injuria there are some elements that should be present and only when they are satisfied, this defense can be taken to prevent liability. They are:

The Plaintiff has the knowledge of the risk

The plaintiff should be aware of the possibility of the harm which is likely to be caused by an act but still he accepts to do that act and thereby has agreed to suffer the injury caused by that act. The defendant won’t be liable for any damages because of the said act. But mere knowledge is only a partial defense that is recognised which is “Scienti Non-Fit Injuria”

In the case of Dan v. Hamilton, the plaintiff chose to travel in Defendant’s car, even though he knew that the defendant was drunk. The car crashed, causing injuries to him. The defense of Volenti Non-Fit Injuria is only applied when the plaintiff has complete knowledge of the danger which is present in this case as Dan i.e. the plaintiff even after knowing that Hamilton was drunk, voluntarily got in his car. Thus the Hamilton i.e. the defendant can rely on this maxim of Volenti Non-Fit Injuria.

The Plaintiff knowing the risk, voluntarily agreed to incur it

For the maxim to be applicable it must be proved that the Plaintiff readily, knowing the risk, agreed to incur it.

In the case of Imperial Chemical Industries vs Shatwell, the employees ignored measures for safety and undertook the risk of the work despite such measures being provided for by the employer. Here the court observed that the employees were negligent in their task and consented to the work without any compulsion from the employer, thus could not hold the Defendant liable, as he could exercise defense under Volenti non-fit injuria.

The Consent must be freely given

Just like in Contractual agreements, consent should be free. Free consent means a consent not caused by coercion, undue influence, fraud, misrepresentation and mistake. For the defense of Volenti Non-Fit Injuria. In the case where a person is incapable of giving his consent by reason of comatose, insanity or minority, then the consent can be taken by the parents or guardians and are sufficient to be concluded as valid.

Consent may be expressed or Implied

An essential for the consent, in this case, is that the consent to suffer such harm may be expressed or implied. Under implied consent, the consent given is not expressly given but derived from one’s actions in the circumstances surrounding the case. An example here would be when the person put himself in a position where he knows the consequences, the defendant can take the defense of Volenti non-fit injuria.

Consent obtained by Fraud

In order for the defense of the maxim to be applicable, the consent must be free and it should not be acquired by any fraudulent means.

No consent for illegal act

No consent can legalize an act which is prohibited by the law, and the defense of Volenti non-fit injuria will not be applicable. It has been observed that no person can give another person consent for committing a crime.

Exceptions to the Maxim

However, this defense is not absolute and comes with some limitations and exceptions. In all matters concerning this defense the Consent must be free:

This defense will not be applicable in cases where the consent of the plaintiff has been obtained by unlawful means such as fraud or compulsion. The defendant will not be able to take this defense and escape from the liability arising out of such activities. Consent by illegal means is not real consent. The act done by the defendant must be the same for which the consent was given.

In the case of Lakshmi Rajan v. Malar Hospital Ltd., a woman aged 40 years had developed a tumor in her breast. She went to the hospital to get it surgically removed. She gave her consent for the removal of the tumor which had nothing to do with the uterus. But during the surgery, the doctor removed her uterus without any justification. The hospital was held liable as the act done was not the same for which the consent was given.

In the case of R. v. Williams, a music teacher persuaded his minor student for sexual intercourse by saying that this act was a method to improve her voice. He was held liable for rape by the court because the consent was obtained by fraud and therefore it was not real consent.

In another case of Bowater v. Rowley Regis Corporation, the plaintiff was a cart driver employed under the Municipal Corporation to go around the streets and collect road sweepings. The plaintiff was ordered by his employer to drive a horse which they both knew to be unruly and had run away on two occasions. Plaintiff protested but was ultimately ordered to drive the horse. He obeyed the order and took out the horse. But the horse bolted and he was injured thereby. When the matter was taken to the court, it was held that the defense of violent non-fit injuria is not applicable as the consent obtained was under the compulsion to do the duty and the defendant was liable.

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This article is written by APURVA, a student of the Fairfield Institute of Management and Technology, GGSIPU.

INTRODUCTION

In civil litigations, a ‘Receiver’ is considered to be an officer of the court who is appointed by the court to protect and preserve the subject matter of suit till the time the court decides the matter. According to the court it is sometimes in the best interest of both the parties to appoint a receiver who will be responsible for the management of the subject matter. The subject matter generally be a movable or immovable property.

The Receiver is liable to take care of the property akin to a prudent man who will take care of his own personal property. He is supposed to follow the directions of the court or else his property can be attached by the court to recover the amount which is due to him.

A Receiver under the Civil Procedure Code

According to the order 40 of the Civil Procedure Code (CPC):

A Receiver is an independent and impartial person who is appointed by the court to administer or manage, i.e., to protect and preserve a disputed property involved in a suit. He is not a representative of any of the parties, and he is regarded as an officer of the court working in the interest of neither plaintiff nor defendant but for the benefit of all the parties.

For example, if there is a dispute between A and B regarding an immovable property. The court thinks that the possession should be taken from B and given to an independent person if it is in the best interest of both the parties, a receiver may be appointed by the court who can manage the property till the time that the suit is being decided. Such a receiver appointed by the court is responsible for the maintenance of the property and he can also collect the income like rent or any other profits and utilize it for the maintenance of the property. Apart from the expenses incurred in maintenance of the property, the remaining amount from the income received, the receiver will have to submit, in the court.

The court provides to the parties a form of interim protection who makes the application till the time that matter gets adjudicated by the court.

The Receiver is considered as an officer of the court as an extended hand of the court. He is entrusted with the responsibility of the disputed property or money by the court, and he manages such property or money till the time a decree is passed, or the parties have compromised, or any other period as the court decides. The property entrusted to the receiver is considered to be the custody of the law and the receiver has no other power than those entrusted to him by the court while being appointed.

How is a Receiver Appointed

According to the section 51(d) of the Civil Procedure Code, the court before which the proceedings are pending can appoint a receiver if it appears just and convenient to the court to appoint. It is the discretionary power of the court. In a suit, the trial court can appoint a receiver, whereas, in an appeal, the appellate court can appoint a receiver. However, the discretion is not arbitrary, absolute, or unregulated. The expression “just and convenient” does not mean that the appointment is based on the whims and wishes of the judge on any grounds which stand against equity and the Court has to keep the various principles in mind before appointing a receiver.

Case law: T. Krishnaswamy Chetty vs C. Thangavelu Chetty And Ors., AIR 1955 Mad 430

In this case, the Madras Court introduced the following principles which are well established in Indian jurisprudence as well:

It is a discretionary power.
Unless the plaintiff shows prima facie that he has a strong case against the defendant and it is more than likely that he will succeed in the suit, a receiver should not be appointed.
It is one of the hardest remedies as it deprives the defendant of his right to possession before the final decree. Therefore, the court shall not resort to it merely on the ground that it will do no harm and there should be a strong apprehension that the property is in danger, or the plaintiff will be in a worse situation if the appointment of a receiver is delayed.
A receiver is appointed only when there is a possibility of wrong and is shown that the subject matter is not in the possession of any of the parties and it is in the common interest of both the parties to appoint a receiver for the maintenance of the property.
The court is supposed to look at the conduct of the party who makes the application for appointment of a receiver.

In Chapter XIX of the Delhi High Court (Original Side) rules, 1967, the following process is provided:

Application for appointment shall be made in writing and shall be supported by an affidavit.
A Receiver other than an official receiver has to give security.
The security is to be given should be satisfactory to the registrar.
The receiver has to provide personal bonds with a number of sureties required by the registrar where the personal bond will be double the amount of annual rental value of the property or the total value of the property which the receiver is going to administer.
The receiver will have to submit a report providing the details regarding the property such as inventory of property or books of account etc., within a week of appointment,
The directions on where to invest the money received by the receiver from the property will be given by the Registrar.

Who can Apply for the Appointment as a Receiver

A plaintiff as well as the defendants can file such an application for the appointment as a Receiver, but a third party is not allowed to file the application. Although, if he is interested in the protection and preservation of the property, he can make an application after taking permission from the court. A person needs to be independent, impartial, and totally disinterested to be appointed as a receiver and that person should not have any stake in the disputed property.

If the court is of the opinion that either party should not hold the property in dispute, he can appoint a receiver before or after a decree and can remove from the possession of the property and commit the same property in the custody or management of the receiver.

Under section 94(d), the receiver can be appointed to prevent the ends of justice being defeated and under section 51(d) the court has the power to appoint a receiver for the execution of a decree.

There are provisions in other acts as well which provides for the appointment of a receiver by the court. For example, section 84 of the Companies Act, 2013 provides for the appointment of a receiver, section 69A of the Transfer of Property Act, 1882 also provides for the appointment.

Powers of a Receiver

Under order 40 rule 1(d) powers of the receiver are provided as following:

Collection of rents and profits arising out of the property.
Application and disposal of such rents and profits.
Execution of documents as the owner himself.
To institute and defend the suit.
Such powers as the court may deem fit.

Also, there are indirect powers which a receiver enjoys being the hand of the court. For example, if a person obstructs or interferes with the receiver’s right to possession, it will amount to obstruction in a court proceeding and such a person can be made liable for contempt of court. Similarly, property in the hands of the receiver cannot be attached without the leave of the court.

The court has the discretionary power to not confer all the rights on the receiver. Even if the court has given all the powers to him, he should take the advice of the court in all important decisions related to the property to protect himself.

Without the permission of the court, the receiver cannot:

Grant lease on the property.
Bring suits except for suit for rent. A suit will be dismissed if not permitted by the court.

Duties of a Receiver

Under order 40 rule (3), duties of a receiver are provided as follows:

Furnish security to account for what he will receive from the property as income.
Submit accounts (half yearly) for such period or form as directed by the court. The account basically includes the income received and expenses incurred for the protection and preservation of the property.
Pay the amount due to the court.
Take responsibility for any reduction in the value of the property because of the receiver’s willful negligence.
Discharge the duties personally and should not delegate or assign any of the rights entrusted to him by the court.

The receiver has to fulfil all the duties and responsibilities entrusted to him by the court. Otherwise, the court can take action against him and make him personally liable for any loss which might occur due to his negligence or wilful failure to protect and preserve the property.

Liabilities as a Receiver

According to Order 40 rule (4), When a receiver fails:

To submit the reports as specified by the court or,
To pay the amount due from him as directed by the court or,
Causes loss to the property due to gross negligence.
Any other duty which court directed him to do,

The court may order the attachment of property of the receiver to recover the loss caused due to his willful default or negligence.

The court, after recovering all the losses from the proceeds received after selling receiver’s property, will pay the balance (if any) to the receiver.

The receiver is bound in keeping down the expenses and taking care of the property in his possession as a prudent man would observe in connection with his own property under similar circumstances.

Receiver Entitled to Remuneration

Receivers are entitled to remuneration as fixed by the court for the services rendered by them. Also, a receiver has to be provided for the loss or expenses incurred by him for maintaining the property.

Under order 40 rule (2), the court can fix the remuneration to be paid to the receiver for the services provided by him. The court can pass a general or specific order regarding the same.

For example, The Delhi high court has provided in Delhi High Court (original side) rules,1967, for remuneration of the receiver as follows:

Rents recovered, outstanding recovered, the value realised on the sale of movable and immovable properties calculated on anyone estate:

On Rs. 10,000 : 5 %
Above Rs. 10,000 up to Rs. 20,000 : 3 %
Above Rs. 20,000 up to Rs. 50,000 : 2 %
Above Rs. 50,000 up to Rs. 1,00,000 : 1 %
Above Rs. 1,00,000 : ½ %

Similarly, for taking custody of money, 1 %, for taking custody of Government securities of stocks, shares, 1 % of the estimated value.

If no remuneration is specified for any work, such remuneration can be granted, as the court may think reasonable, on the application of the receiver.

A Collector as a Receiver

According to Order 40 rule 5, if the revenue generated from the property is received by the government, the court can appoint a collector as a receiver if the court thinks that management of such property by collector will promote the interests of those who are concerned.

CONCLUSION

It can be concluded that the receiver plays a vital role whenever the court requires. A receiver is appointed by the courts as an officer of the court and subject matter is managed by him which is considered to be in custody of the law. A receiver should be impartial who has no stake in the subject matter and can manage the property just as a prudent man will do with his own property. The receiver should take complete care while making an important decision related to the subject matter appointed to him as he is personally liable for any damage to it. For safety, he can consult the court before making such decisions.

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About The Journal

The International Journal of Law and Jurisprudence is Registered with Registrar Newspapers for India(MPENG/2020/79238), double-blind, Peer-Reviewed, Quarterly Journal published by a team of Lawyers under the patronage of Ms. Geeta Luthra. Though she needs no introduction, Ms. Luthra, a stalwart super-lawyer, is a practicing Senior Advocate in the Supreme Court of India, and has a vast experience in all fields of law. With such powerful credentials, we feel delighted to have her as a distinguished Patron of the Journal’s Board.

For contributing your unpublished original work write on info[at]ijlj.net & submissions[at]ijlj.net.

Call for Papers

The International Journal of Law & Jurisprudence Invites Articles, Book Reviews, Case Commentaries and related research for the Volume I Issue IV.

Academicians, Practitioners, researchers, students and others interested in the field may send original, unpublished papers to submissions[at]ijlj.net with the name of authors and title of paper clearly mentioned in Subject of the Email latest by 30th May 2021

Submission Guidelines

1. Every Research Paper should be appropriately titled.

2. The research paper shall be original and unpublished work.

3. The paper should not be plagiarized, and free from grammatical, spelling and other errors.

4. Co-authorship is allowed to a maximum of two. Full names of all the authors must be given.

5. The author(s) may follow any uniform method for citation.

6. The body of the paper shall be in Garamond, Font size 11, 1.5 Line Spacing. Footnotes should be in Garamond, Size 10 Single Line Spacing. A margin of 2 centimetres shall be left on all sides of the paper. Page borders shall not be used.

7. You can send your work to submissions[at]ijlj.net name of authors and the title of the paper should be clearly mentioned in the Subject of the Email. The Email body must contain the name and contact number of the Author.

Theme

Anything related to law & Jurisprudence is acceptable. However, special preference shall be given to research on current and prominent topics of interest in law, politics and the society in general.

Deadline

30th May 2021

Format

The publication format of the Journal is Print only. Contributors will, however, have access to individual publication of their research papers on the above mentioned website. So as to procure a printed copy of the current issue, an additional amount of INR 500 towards subscription charges will have to be paid.

Word Limit

Articles (3000-5000 words including footnotes) | Short Notes (2000-3000 words including footnotes) | Book Reviews (1000-2000 words including footnotes) | Case Commentaries (1000-3000 words including footnotes)

Publication Charges

Single authored paper INR 1500

Co-authored paper INR 2000

Contact

E-mail: info[at]ijlj.net

Mobile number: +91-7879652007 and 9425017479 (Whatsapp)

VIEW THE OFFICIAL POST AT ;- https://www.ijlj.net/post/call-for-papers-volume-i-issue-iv-submit-by-31st-may-2021

VISIT OUR WEBSITE AT :- https://www.ijlj.net/

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About Lexpeeps Pvt. Ltd.

Lexpeeps Pvt. ltd. is an organization that works to assist and help law schools in organizing and managing their events. We’re seeking to provide young and dynamic law students a platform to experience the legal world in their academic capacities. We organize different events where budding lawyers can experience the legal world. With a self-directed educational strategy and the guidance of industry experts, Lexpeeps also provide you with the recent happening in the legal world in the form of news, opportunities where you can find what suits you the best, articles to explore your interests, and many more.

Keeping practical exposure for the law students in mind Lexpeeps provides you with internships, where the legal experts and budding lawyers come in touch with each other and grow by associating with the company.

The sole purpose of Lexpeeps Pvt. Ltd. is to provide law students and law schools quality and to create value to the legal fraternity.

Lexpeeps also believes that social responsibility and a sound organization can go hand in hand and as a result Lexpeeps will also be doing some social works as a corporate social responsibility as providing information and free legal aid to the poorer section of society; also it will be helping the neglected genders (LGBTQ) of society to come forward use their rights. LEXPEEPS is not a company that just runs with the objective of profit maximization but it is focused on creating good legal professionals to create a good nation where everybody shall remain aware of rights and duties.

Lexpeeps Pvt. Ltd. has taken an oath to ensure the right of the student and to help them in every possible way so that they reach immense heights of success.

“Lexpeeps Pvt. Ltd. thrives on commitment and creativity”.

How to Apply?

Procedure:

Step 1 – FIlling the google form with link to any published article
If unpublished attached a sample writeup

Step 2 -Interview Roud 1

Step 3 – Interview Round 2

Fill the google forma latest by 11:59 P.M. 28 May 2021

https://docs.google.com/forms/d/e/1FAIpQLSf5t2ND1QKbtRh7DVDMoFPhLEtU9ijQYqf-EH_eGUkjTKkl0g/viewform?usp=sf_link

Note: Shortlisted candidate will be called for an interview.

Vacancy:

One

Selected Intern Task:

Editing on live assignments and documents related to law
Research on areas of Public International Law and Maritime Law

Last date to appply:

28 May 2021

Stipend:

Rs. 2000

Eligibility:

The students currently pursuing their bachelor’s degree in law i.e., 3-Year LL.B. course or 5-Year LL.B. course from any recognized university/college in India.
Student pursuing their Post Graduation.
Have relevant skills and interests

Mode of Internship:

Online

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This article is written by Kalyani Gupta, a Master’s in Law student from Amity University, Noida. This article discusses the temporary injunction mentioned under the Code of Civil Procedure.

INTRODUCTION

An “Injunction” is an impartial solution which is “a judicial process that compels a party to refrain from doing or to do a particular act or thing”. If any individual violates the Order of Injunction approved by the Competent Court, then there can be harsh financial punishments and even detention in some cases. The main objective of giving interim relief is the protection of property in disagreement till lawful rights and contradictory assertions of the parties prior to the court of law are resolved. Though, Injunction can also be altered or suspended if conditions shift in future. Section 94, 95 and Order 39 of the Civil Procedure Code exactly talks about Injunctions but, the temporary and permanent injunctions are well-defined under Section 36 to 42 of the “Specific Relief Act”.

Temporary Injunction

The “Temporary Injunction” is granted by the Court of Law when the Defendant is about to the do some kind of damage or injury to the property or threatens the Plaintiff to deprive the said property or makes a thirty party interest in that property, then in such conditions, the Court may grant a temporary injunction to confine the Defendant to do act or make other instructions to stop the dispossession of the plaintiff or avoid the instigating of injury to the plaintiff in relation to any property in argument or making any thirty party rights in the property.

Temporary injunction is an “interim remedy” that is raised up to preserve the subject matter in its current situation and which may be conferred on an “interlocutory application” at any stay of the suit. Its objective is to avoid the postponement of the plaintiff’s rights. Section 94 of the CPC requires the supplementary proceeding so that Plaintiff can avoid this right, whereas Section 94 (c) and (e) of Code of Civil Procedure, the Court may permit a temporary injunction or make such additional interlocutory orders. These are temporary injunction because its legality is, up until the additional order passed by the court or till the final decree of the court case.

Who may Apply for Temporary Injunction and against whom Injunction may be Issued?

Application for interim injunction along with affidavit can be made both by Plaintiff and Defendant.
An Injunction can be made only against a party and not opposed to a stranger or third party. Additionally, the injunction cannot be made against the Court of Law or the Judicial Officers.

Basic Principles of Temporary Injunction

The granting of temporary injunction is the practice of the judgment which must be in a judicial manner. Consequently, it is well resolved that, prior to awarding the Temporary Injunction, the Judge must contemplate whether the Application is falling into below-mentioned classifications:

Is it a Prima Facie case: In every single application, the Applicant or Plaintiff should make a prima facie argument in favour of the claimed right by the Plaintiff. The Court must be satisfied that there is a bona fide disagreement between both the parties in which the inquiry is needed. The Plaintiff must prove and appease the court by prominent evidence or witness and make a prima facie case in his favour. The plaintiff must come to Court with relevant facts and in case these facts are suppressed by the Plaintiff then, in this scenario, the Plaintiff is not accountable for any relief.

In Prakash Singh vs. State of Haryana, 2002 (4) Civil L.J.71 (P.H.) [5] – The Court has clarified that Prima Facie does not imply that a Plaintiff should have a complete proof argument in his favour which will prosper in all probabilities. It implies that the plaintiff has a case which cannot be denied swiftly or rejected outright. It presents concerns which can be deemed on merits.

Is there any Irreparable Injury: The claimant must convince the court that he will endure severe injury if the injunction is not given. The Court is convinced that the Plaintiff needs to be safeguarded from the effects of apprehended damage. An injury will be regarded as severe in which there is no specific economic standard for assessing losses.

The term irreversible injury however does not imply that there would be no chance of fixing the injury. It only indicates that the damage must be a significant one. i.e., which cannot be sufficiently reimbursed by damages. An injury will be considered as irreversible where there is no specific monetary standard for assessing injuries.

The Supreme Court in Shanti Kumar Panda v. Shakuntala Devi, 03.11.2003[7], the court held that “At the stage of passing an interlocutory order such as on an application for the grant of ad interim injunction under Rule 1 or 2 of Order 39 of the CPC, the competent Court shall have to form its opinion on the availability of a prima facie case, the balance of convenience and the irreparable injury – the three pillars on which rests the foundation of any order of injunction”.

Is there any Balance of Convenience: The Claimant must demonstrate in this application that the sense of balance of accessibility is in his favour i.e. the relative mischief, difficulty or hassle which is expected to be caused to the Applicant if that injunction is refused. The balance of accessibility comes into the light when there is uncertainty as to the sufficient remedies in reparations offered to either party or both.

Other factors: The Court also contemplates some other considerations before granting the injunction. The relief of injunction may be rejected on the basis of delay, or acquiescence or if the plaintiff has suppressed material facts or not, or where financial compensation is sufficient relief.

Grounds for Granting Temporary Injunctions from Court

Where there is a sufficient apprehension and threat of alienation or removal of property by any party to the suit or by unlawful misuse of the property.
Where there is an apprehension of estrangement or removal of the property to deceive creditors.
Where Defendant endangers to deprive the Plaintiff or else causes harm to the interest of the Plaintiff or otherwise causes damage to the interest of Plaintiff regarding the property in dispute.
Where the Defendant is just about to perpetrate a breach of contract
Any other damage is expected to be instigated or likely to be recurrent
Where the Court is of the view that to safeguard the interest of any party, or in the interest of fairness and justice injunction or stay is essential and necessary.

CONCLUSION

It can be concluded that grant of temporary injunction cannot be demanded by the party as a question of right nor can be rejected by the Court subjectively. The injunction is an impartial remedy and draws the use of the maxim “he who seeks equity must do equity”. The Court has full responsibility to either grant an injunction or to reject it. The relief of injunction cannot be taken as an issue of right but according to the applicant’s case as may be. The authority to award an injunction must, consequently, be implemented with the best judgment, caution, and care.

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This article is written by Saba Banu, a 3^rd year law student, from Pendekanti Law College, Hyderabad.

INTRODUCTION

The study of jurisprudence, as other branches of law, was started among Romans first. The word ‘jurisprudence’ springs from the Latin word ‘jurisprudentia’ which suggests the knowledge of law. Jurisprudence is that the theory and therefore the study of law. Law is a very complex subject. The understanding of an idea differs from one person to different person.

Historical school of jurisprudence deals with the origin and development of the overall principles of law. The origin of the law is a continuous process and it does not stop by any command or anything.

Reasons for the Evolution of Historical School

The reasons for the origination of the historical school are that;

a) Reaction to the natural school: As the believers of the natural school believes that the origin of law is by the divine power. The believers say that it has been already in existence, and it is not the same as of the historical school of law. Under, the historical school of law, the believers think that it is not originated by the divine power, but has formulated by the people, which is not as same to the natural school.

b) The historical school of law, opposes the ideology of the analytical school of law.

Austin is considered to be the father of analytical school of thought, the method which Austin applied, and he confined his field of study only to be the positive law. On the basis of Austin’s conception of law. It shall be convenient to discuss Austin’s theory under two main heads:-

1) Austin’s conception of law.

2) His method.

Jurists of Historical School of Law

Montesquieu: Maine described him as the first jurist who proceeded on the historical school of law. This particular jurist made researches into the institutions and laws of the various societies and made a conclusion on the researches made by him that “that laws are the creation of climate, local situations, accident or imposture”. The suggestion of relativity of law, and that the law should answer the needs as according to the time and place, is a step in the directions of new thinking.

Savigny: Savigny is considered as the father of the historical school of law. The Law has source within the general consciousness of the people. He said that Law develops like language and Law features a national character. Law, language, customs and government haven’t any separate existence. There’s one force and power in people and it underlies all the institutions. The law, language, develops with the lifetime of people.

Savigny’s theory is often summarized as follows:

1) That law may be a matter of unconscious and organic growth. Therefore, according to him law is found and not made.

2) The law is universal in nature, like language, people and lots of other things within the world.

3) Custom not only precedes legislation, but it’s superior thereto. The Law should conform the favored consciousness

4) Legislation is that the last stage of law-making and thus, the lawyer or the jurist is more important than the legislator.

Criticism of Savigny’s theory

1) Inconsistency within the theory: He emphasized the national character of law, but at the equivalent time he recommended a way how the Roman law are often adapted.

2) Customs not always supported on popular consciousness: Savigny’s view is whole not perfectly sound, because many customs originated just for the convenience of a powerful minority. Sometimes, customs completely against one another exist within the different parts of the country which can’t be reflecting the spirit of the whole community.

3) He ignored other factors that influence law: Another criticism against him was ‘so occupied with the source of law that nearly forgot the stream’. The creative function of the judge was also ignored by the Savigny’s theory.

4) Many things were unexplained: Certain traits, like mode of evolution and development weren’t explained by the Savigny.

Savigny’s Influence Very Wide

The theory of school, later on, influenced many jurists. It had been after Savigny that the worth of historical method was fully understood. His method was followed in England by Maine, Lord Bryce, and lots of others who made studies of various legal systems on historical lines.

Puchta’s Contribution

Puchta made a valuable contribution to jurisprudence by giving the two-fold aspects of the human will and origin of the state. On some points, Puchta made improvements upon the ideas of Savigny and made it more logical.

Main Doctrines of Historical School

The principle doctrines of the school, by Savigny’s and a number of his followers, maybe summarized as follows:

(1) ‘Law is found, not made’. A special view is taken of the facility of act. The evolution of law is actually biological process.

(2) As law develops from a couple of easily grasped legal relations within the communities to the greater complexity of law in modern society. The lawyer, is therefore a comparatively more important law-making agency than the legislator.

(3) Laws aren’t of universal validity or application. Each individual develops its own legal habits, because it has language, manners and a constitution. Savigny insists on the parallel between language and law.

Stages of Evolution of Law

1) Law made by the ruler: Laws are the command of the ruler, back in those days. The decisions rendered by them are the decisions of god.

2) Customary laws: The laws were used as precedents as ordered by the courts.

3) Knowledge of law in minorities: The law was controlled by the priests, the power of the ruler weakened and the believe in the priests and customs took in their hand.

4) Codification: The law was codified.

CONCLUSION

The historical school deals with the past and the present, Historical school of jurisprudence describes the origin of law. Many jurists like, Montesiqueu, Puchta, Savigny were the supporters of the historical school.

According to maine, Montesquiue was the first jurist of the school.

Savigny was the father of the historical school. He told that law is like a language which develops and have a national character. Puchta made improvements in the Savigny’s theory and made it more logical.

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About NLUO:

National Law University Odisha, a vibrant addition to India’s National Law Universities seeks to promote holistic education and tries to provide its students with facilities for well-rounded development. Situated between rivers Kathajodi and Mahanadi, we sense the significance of trade through the seas. Maritime law, also known as admiralty law, is a body of law, convention and treaties that govern private maritime business and other nautical matters. NLUO, as an institution works meticulously towards promoting research and knowledge in the field of admiralty law. We firmly believe in dissemination of knowledge through promotion of center dedicated solely towards research and development of law of the seas.

CENTRE FOR MARITIME LAW:

The National Law University Odisha, Cuttack (NLUO) established the Centre for Maritime Law in 2015 with an aim to build a center of excellence and research in the field of maritime law in India.

ABOUT GANESH & CO. :

Ganesh & Co. is a well-reputed law firm based in Mumbai, with their exemplary legal services dating back to 1982. The firm has been acknowledged for its guidance for cutting edge in various transactions including Real Estate sector, Intellectual Property laws, Media & Entertainment laws/regulations, Banking and Regulation laws and Admiralty laws. Today, they stand as one of the pioneers of the Maritime Law sector in India, with their qualified legal and paralegal staff who specialize in this arena.

About the competition:

Maritime Law is a fundamental branch that governs commerce and navigation on the sea. It regulates broad ambit of claims related to customs and excise; insurance claims; employment issues of cre members; pollution by vessels; salvage operations and piracy etc. Awareness of such an important field is very much required among law students and legal fraternity. The Centre organised the 1st Maritime Law Essay competition
in 2019 and it was a huge success with participation from across all over the country. We got 75+ submissions and the essays were judiciously reviewed by a panel of eminent personalities involved with Maritime Law actively.
With the view of increasing interest and creating awareness in field of maritime law, the Centre for Maritime Law, NLUO in collaboration with Ganesh & Co., Mumbai is organising the 2nd National Maritime Law Essay Writing Competition, 2021. Also, through this essay competition the Centre seeks to encourage scholarly discussion among the students from field of law.

Eligibility:

We welcome submissions from all students enrolled in 5 Year Integrated LLB, 3 Year LLB and LLM Programme.

Theme:

Impact of COVID-19 on Maritime Law
Artificial Intelligence in the Shipping Industry
Technology and Maritime Law
Maritime Piracy and Armed Robbery
Effective port management in India
Changes required in Maritime and shipping agreement
Marine insurance and related issues
Maritime security
Maritime Industry and Environmental Law
Extradition and Mutual Legal Assistance in the Prosecution of Maritime crimes
Seafarers and other maritime professionals’ rights and welfare
Gender, diversity, and culture in the maritime industry
Supply and demand of maritime labour

Please Note: The above given themes are merely illustrative, participants are free to choose any theme/topic which pertains to maritime and shipping law.

Submission Guidelines:

The essay must be in English language only and the submission has to be made in Microsoft Word (.doc or.docx format).
Co-authorship to a maximum of two is permitted.
Only one submission is allowed per author. Submissions, both as co-author and single, will be treated as multiple submissions and will be disqualified as an entry to the competition.
There should not be any form of identification mark such as name of the author, University/College name etc. on the essay.
Any form of identification will lead to disqualification.
The essay should be of 1500 – 2000 words, excluding footnotes.
The essay must contain an abstract of not more than 200 word including keywords.
The write-ups shall have no plagiarism and should be an original work of the participants.
The participants shall follow Bluebook 20th Edition as the mode of Citation.

Formatting Criteria

Main Body: Font: Times New Roman, Font Size – 12, Line Spacing – 1.5 and Alignment – Justified.
Footnotes: Font: Times New Roman, Font Size – 10, Line Spacing – 1.0 and Alignment – Justified.
Margins should be 1 inch or 2.54 cm on all sides
The participants shall follow the Harvard Bluebook 20^th Edition as the mode of Citation.

Submission Procedure:

There is no registration fee for this competition. Please maintain due diligence while filling the Google form. The credentials of participants will be checked for successful registration.
The participants are required to register and submit the Essay through this Google formon or before 11:59 pm, May 30, 2021. Please note that the submission will also be done through the same Google Form provided.
The deadline for submission is 11:59 pm, May 30, 2021 (Sunday). Any submission received beyond the deadline will be rejected.

IMPORTANT DATES:

Last Date of Registration: May 30^th, 2021

Last date of Submission: May 30^th, 2021

Brochure:

BROCHURE-2nd-NLUO-Ganesh-Co.-National-Maritime-Law-Essay-Writing-Competition-2021.Download

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