June 2021 - Page 11 of 30

Post – Sr. Legal Associate

Job Description:

As a Senior Legal Associate – Contract Clause Extraction at Provakil, you will work to understand, categorize, and organize contractual provisions for our Clients. We work to provide all sorts of services needed by our clients for contracts which include developing, assessing, categorizing, and reviewing all components of contracts. You will be expected to perform an advanced level analysis of contractual provisions and be a true legal professional.

Qualifications

LLB (3 year/5 years) Required
2 years experience

Location-

Pune, Maharashtra

Skills Required:

2+ years of experience dealing with contracts.
Proficient in English language.
Ability to work under tight deadlines.
Experience in client handling.

Other Personal Characteristics:

A team player who takes responsibility for results.
Creative and curious with the ability to find solutions to the problems of our clients.
Should be able to work with our clients at different levels.

Why join us?

Fast Growing

We are a fast-growing organization with a 300% Y-o-Y growth in customers and revenue. We believe in setting the expectations really high and stretching ourselves to deliver on it!

Scale

If you like to solve problems of scale, the legal industry has tremendous volumes of data to work with. We are building a unique data-driven solution to simplify legal operations for large enterprises. Our systems currently process over 12.5k transactions every minute, a metric that will multiply as we scale to new geographies.

Team

We are a team with a strong background and believe in working hard to build a reputation. The founding team consists of engineers from IIT and a lawyer with a practice in the Supreme Court.
Our App store rating is 4.6 and our customers can’t stop talking about us!
Awards & Recognitions
World Justice Challenge Finalist at The Hague, The Netherlands, 2019
‘Legal Tech Startup of the Year’ at BW Legal awards 2K19
Industry Prize, Agami Prize in 2018
Selected among Top 3 companies at Westerwelle Foundation YFP Program 2020

How to Apply?

Send your resume to: nikhil.shekhar@provakil.com

Official Website link- https://provakil.com/index

For regular updates, join us:

WhatsApp Group:

https://chat.whatsapp.com/BKRZpHyuzA46mTWlaFqdjq

Telegram:

https://t.me/lexpeeps

LinkedIn:

https://www.linkedin.com/company/lexpeeps-in-lexpeeps-pvt-ltd

Visit us for more such opportunities: http://lexpeeps.in/

Vacancy for Qualified Junior Advocates at Aditya Pratap Law Offices in Mumbai

Aditya Pratap Law Offices is a full-service law firm having its offices at Wadala East in Mumbai. We are looking for a qualified junior advocate to join us on a full-time basis. Our spectrum of work comprises litigation across civil and criminal law involving drafting, documentation and court appearances.

We invite applications from talented and qualified junior advocates looking to build their future with us. Interested candidates may email their CVs/Resumes to aditya@adityapratap.com. Freshers are welcome to apply.

Our offices are located at Bhakti Park, Wadala East in Mumbai. We would prefer candidates having private transport in the form of motorcycle, scooter or car. Owing to COVID-19 precautions, usage of public transport is discouraged. Therefore, preference would be given to candidates having their own means of transport and living at a convenient distance from our office.

Selected candidates will undergo a three month probation following which they will be confirmed on the job, subject to satisfactory performance.

Please note that this is a ‘Work from Office’ assignment only. ‘Work from Home’ applications will not be entertained.

Job Timings:

Monday to Saturday, 10 AM to 7 PM;

Office Location:

401-B, Embassy, Bhakti Park, Anik-Wadala Link Road, Wadala East, Mumbai – 400037.

Salary:

For First Three Months (Probation Period): Rs. 17,000/- per month plus petrol allowance;
After completion of Probation Period: Rs. 20,000/- per month plus petrol allowance.

Website- http://adityapratap.in/

For regular updates, join us:

WhatsApp Group:

https://chat.whatsapp.com/BKRZpHyuzA46mTWlaFqdjq

Telegram:

https://t.me/lexpeeps

LinkedIn:

https://www.linkedin.com/company/lexpeeps-in-lexpeeps-pvt-ltd

Visit us for more such opportunities: http://lexpeeps.in/

About Bennett University:

Bennett University has been established by ‘Times Group’, India’s largest media conglomerate through Act No. 24 of 2016 passed by the Government of Uttar Pradesh. The University at present offers unique inter-disciplinary and contemporary courses through its Schools of Engineering and Applied Sciences, Management, Law, Design, Media & Liberal Arts and Public Policy. In addition, the University has also established the Centres for Innovation & Entrepreneurship and External Relation & Executive Education. Bennett University as part of its plan to excel as the frontline multi-and inter-disciplinary University has established partnerships with Cornell Law School, Johnson Cornell University, Babson College, Georgia Institute of Technology, EDX.org and will collaborate with leading
knowledge players in the world.

About School of Law, Bennett University:

Bennett University ventured into the domain of Higher Education in Law and established School of Law with a vision to strive for excellence in teaching, research, and advocacy towards Justice for all by shaping thought leaders in public policy of National and International dimensions. The school imbibes the best practices of national and international law schools in terms of curriculum, pedagogy, innovation in teaching methods and to add new interfaces addressing emerging new issues. Invested and promoted by the largest media enterprise, which is a natural ally in voicing people rights has envisaged this school to educate and train the future thought leaders in the field of Law. The School of Law, Bennett University is a knowledge space not only to acquire a professional degree but also to shape the compassionate individual under the professional robe.

About Bennett Journal of Legal Studies (BJLS):

Bennett Journal of Legal Studies (BJLS) is an annual journal proposed to be published by the School of Law, Bennett University, Greater Noida. The journal seeks to serve as an inter- disciplinary forum for examining socio-legal issues from contemporary perspectives. It aims to cater to the emergent need of widening the platform for scholars, professionals, academicians, and the like and enable them to share both knowledge and scholarship of new
and innovative ideas in legal and allied disciplines.

The Journal is currently soliciting submissions for a Volume 3 (February 2022). We welcome submissions from academicians, practitioners, researcher scholars and experts from within the legal community. We have a strong preference for articles that assert and defend a well- reasoned position. Contributors willing to submit article to the BJLS should observe the

Editorial Policy:

Theme : Legal and Regulatory Issues in Vaccination Policies in a Pandemic Era Humankind, at present, is facing unprecedented crises due to the COVID-19 pandemic and millions have succumbed to it owing to inadequate knowledge with regards to the appropriate medical treatment and management, and the lack of robust public health infrastructure. A few pharmaceutical companies around the world have risen to the crisis and developed vaccines in record time, while States have ensured the availability of the vaccines by limiting the clinical trial phases and hastening the approval process notwithstanding many developing countries having limited or no capacity to manufacture the vaccine. In this context, States have to take major policy decisions viz. eligibility of the manufacturers to produce the
vaccines; eligibility criteria to administer the vaccines; access to the vaccine; distribution of vaccines within the geographical area of a nation and pricing of the vaccines, among others. Besides these issues, the major concern is with regards to the pharmaceutical companies and their negotiations with the developing countries to supply the vaccines demanding sovereign assets as collateral to indemnify the company against lawsuits arising from administration of its vaccines and also exempting them from liability issues. There is a need for municipal and
international legal and the regulatory frameworks to ensure equitable access and availability of the vaccines to obviate the growing politics in vaccine access and availability within and without States.

This pandemic has raised several legal and regulatory concerns regarding vaccination programmes in particular — Can it be considered as a fundamental right? Can the States grant compulsory licencing in the wake of unreasonable contractual terms and differential pricing by pharmaceutical companies? To what extent can these companies be made liable for supplying the vaccines? To what extent can States support with vaccines to the least developed countries? How is the divide amongst the developed, developing, and underdeveloped countries and marginalized sections of the world community such as refugees and illegal immigrants impacting it? To what extent it is leading to the compromise of the human rights? These are a few issues on which this volume attempts to seek insights through the scholarly
submissions.

The submissions are solicited on the theme and subthemes as mentioned below:

Right to Vaccination as a Fundamental Right
Vaccination Policy of States and Implications on Federalism
Patent Waivers and Compulsory Licence of Vaccines
Contractual Obligations and Liabilities of Vaccine Manufacturers
Universal Access to COVID-19 Vaccines and Human Rights
COVAX Vaccine Distribution Scheme and Third World Countries
Emergency Use Approvals and Clinical Trials of COVID-19 Vaccines
Vaccine Pricing Mechanisms
International Relations and Vaccine Diplomacy
Freedom of Travel and Vaccination Policies
Access to Technology and Vaccination Policies
Rural-Urban Divide and Vaccination Policies
Socio- Economic Considerations in Vaccination Policies
Vaccination Policies and Equal Treatment of Non-Citizens, Refugees, and Illegal Immigrants

Any other sub-theme related to the main theme.

The Bennett Journal of Legal Studies invites scholars, academicians, and practitioners to contribute critical articles on the Legal and Regulatory Issues in Vaccination Policies in a Pandemic Era

Submission Details:

All submissions to be made online to jls@bennett.edu.in
Last date for receiving contribution is August 15, 2021.

Note: Please follow the Editorial Policy of the Journal (Attached herewith) for making any submission towards the Journal. Non-compliance with the Editorial Policy of the Journal shall lead to disqualification of the submission.

Contact Details: For any further clarifications please contact us at: jls@bennett.edu.in

You can also visit us at https://www.bennett.edu.in/bennett-journal-of-legal-studies/

Editorial-Policy-BJLS-Volume-3 Download

Call-for-Papers-Volume-3 Download

For regular updates, join us:

WhatsApp Group:

https://chat.whatsapp.com/BKRZpHyuzA46mTWlaFqdjq

Telegram:

https://t.me/lexpeeps

LinkedIn:

https://www.linkedin.com/company/lexpeeps-in-lexpeeps-pvt-ltd

Visit us for more such opportunities: http://lexpeeps.in/

The present article is written by Muskan Harlalka, a 2nd-year law student from the School of Law, Mody University of Science and Technology, Lakshmangarh, Rajasthan.

Introduction

In common parlance, “trial” means the process by which a person is adjudicated as guilty or innocent. It starts with the framing of a charge and concludes with the acquittal or conviction. However, it is not defined in the Criminal Procedure Code (CrPC) of 1973. The trial in which the accusations imposed on a person accused of a crime are resolved is called a criminal trial.

In India, penal laws are mainly regulated by three acts –

Indian Penal Code, 1860
Code of Criminal Procedure, 1973
Indian Evidence Act, 1872

CrPC is a procedural law that describes the mechanism for conducting a criminal trial. It includes the method of collecting evidence, interrogation of accused, arrests, bail, witness examination, method of conviction, etc. IPC is the primary penal law in India and it applies to all offenses except the ones which are covered under any other law in India. The Indian Evidence Act governs the various aspects of evidence in a trial such as its evidentiary value, manner of production of evidence, etc.

Phases OF Trial

According to CrPC, the mechanism of determining the criminal liability of an accused has three phases. The first phase is the pre-trial phase which includes reporting the offense to the police or filing a complaint before the Magistrate, investigation by the police, or cognizance and inquiry by the Magistrate.

The second is the trial phase. This is the most crucial phase as it consists of the trial of the accused before the court to determine whether he will be acquitted or convicted.

The third and last phase is the post-trial phase which mainly includes appeal and review by either of the parties.

Types of Criminal Trials in the Indian Legal System

CrPC provides for different types of criminal trials depending upon the nature of criminal cases. The trial process for serious offenses is more detailed and complex, on the other hand, the process for less serious offenses is more straightforward. Depending upon the nature of the offense, the trial of an accused can be of four types:-

The trial before a Sessions court (Sessions Trial)
Trial of Warrant cases by Magistrates (Warrant Trial)
Trial of Summons cases by Magistrates (Summons Trial)
Summary Trials

These types are discussed below:

The trial before a Sessions court (Sessions Trial): Trials in Warrant cases are more detailed and serious in comparison to Summons cases. A warrant case can be tried either by the Magistrate’s court or the sessions’ court. If a Magistrate is of the view that a case should be tried by the sessions court then he sends it to the sessions court for trial. This process is “committing it to sessions court”. Trial of Warrant cases by a Sessions Court is covered under Sections 225-237 of CrPC.

The various steps in a criminal trial before a sessions court are:

According to Section 229 after the committing of the case to the sessions court, the court frames charges against the accused and if the accused pleads guilty for these charges, the court has the discretion to convict the accused at that point.
But if the accused does not plead guilty, then the court advances with the trial and sets a date for the prosecution to present their evidence.
If after examining the prosecution’s evidence and the accused, the Court is of the view that the accused has not committed any offense, the accused is acquitted.
However, if the prosecution’s evidence justifies the framing of charges against the accused, he is then called upon to present his defense.
The prosecution then summarizes his pleadings and the defense is given another chance to put forward evidence in support of his client (the accused).
In the end, after hearing both sides, the court passes a judgment of conviction or acquittal of the accused according to Section 235 of CrPC.

Trial of Warrant cases by Magistrates (Warrant Trial): Trial of Warrant cases by Magistrates is covered under Sections 238-250 of CrPC. Offenses that are punishable with death, imprisonment of life, or imprisonment for a term of more than two years come under the trial of warrant cases by Magistrates. A trial in a warrant case may start either by the filing of an FIR or by the filing of a complaint before a Magistrate.

Steps in trial of Warrant cases by Magistrate when the case is instituted on a police report:

In such cases when the accused appears before the Court, the Magistrate should ensure that copies of all necessary and relevant documents such as FIR, Police Report, etc. have been provided to the accused.
Section 239 of CrPC provides that if upon examining all relevant documents, the Magistrate is of the view that the charges against the accused are not valid, then he can discharge the accused and state his reasons for the same.
If the Magistrate finds that grounds for accusation are valid, then he can proceed and frame the charges as per Section 240 of CrPC.
If after framing the charges, the accused pleads guilty then the Magistrate has the discretion under Section 241 to convict him.
However, if the accused does not plead guilty then the Court calls for the prosecution’s evidence. After the prosecution’s evidence has been presented, the defense gets the chance to do the same and their evidence is also recorded under Section 243.
After that, the trial ends and the Court gives its verdict.

Steps involved in trial of Warrant cases by Magistrate when the case is instituted otherwise than on a police report:

Here the first step is the recording of the prosecution’s evidence. If upon examining the prosecution’s evidence the Magistrate concludes that the accusations against the accused are not valid, then he can discharge the accused.
But if the Magistrate is convinced that there are valid grounds for the accusation then he proceeds with the framing of charges.
The accused is then informed about the charges and if he pleads guilty for them, then the Magistrate has the discretion to convict him.
However, if the accused does not plead guilty, then the prosecution’s witnesses are called for cross-examination by the accused if he wants to do so.
The Magistrate then records the evidence for the defence and considers evidence of both the parties.
Then the Magistrate acquits or convicts the accused as per the provisions given in Section 248 of CrPC.

Trial of Summons cases by Magistrates (Summons Trial): Summons cases are related to offenses that are punishable with imprisonment for a term of fewer than two years. Trial for summons cases is covered under Sections 251-259 of CrPC.

The process of criminal trial in summons cases by a Magistrate is as described below:

Instead of framing formal charges against the accused, he is issued a notice stating the accusation against him.
According to Section 251 of the Code, when the accused appears before the court, the Magistrate informs him about the particulars of the charges against him and asks him if he pleads guilty for the same. If he pleads guilty, then the court has the discretion to convict him.
Section 253 of CrPC provides for the plea of guilty in the absence of the accused in cases related to petty offences. This enables a pleader authorised by the accused to plead guilty on his behalf when the offence is punishable with fine only. In such cases, the Magistrate has the discretion of convicting the accused.
In case the accused does not plead guilty after the particulars of the accusation are stated to him, then as per Section 254 of the Code, the Magistrate proceeds with the evidence presented by both the parties and accordingly decides whether the accused is innocent or guilty.

Summary Trials: Sections 260-265 of CrPC deal with Summary Trials. According to Section 262, sentences for imprisonment for a term exceeding three months cannot be passed in Summary trials. The main objective of summary trials is the speedy disposal of cases. If the accused does not plead guilty, then according to Section 264, the Magistrate will have to record a substance of the evidence and a judgment stating reasons for the same.

Since summary cases deal with petty offenses, the trial procedure is very simple. If a fine of not more than two hundred rupees has been imposed, then no appeal can be filed. But an application can be made to the High Court for revision.

Conclusion

A study of CrPC and its provisions related to stages of criminal trial makes it clear that every feature which is necessary for conducting a fair trial has been included. However, the process is very complex and the tendency of the code to protect the rights of the accused hinders the process of justice for the victim. Moreover, there is a huge backlog of cases that are pending. Thus, having a law that covers everything does not ensure justice, its effective implementation does.

Bibliography

Process of Trial of Criminal cases in India, Lexology, https://www.lexology.com/library/detail.aspx?g=7e8a100a-6593-414f-a2e3-b70fcd13b016.
Sindhu A, What are the different kinds of trials in Criminal Procedure Code?, Law Times Journal (Mar. 15, 2020), https://lawtimesjournal.in/what-are-the-different-kinds–of-trials-in-criminal-procedure-code/.
Sugam Shine, Stages of Criminal Trial in India, Kith and Kin Attorneys, https://www.kithandkinattorneys.in/post/stages-of-criminal-trial-in-india.
Types of Criminal Trials, Legal Formats India (Nov. 30, 2020), https://legalformatsindia.com/types-of-criminal-trials/.
Vijay Pal Dalmia, Process of Trial of Criminal Cases in India, Mondaq, https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.mondaq.com/pdf/clientts/318472.pdf&ved=2ahUKEwjAqo3il6TxAhVYWysKHcgTB8AQFjAJegQlKhAC&usg=AOvVaw1llshhaxc4coHC8NhlabKF.
Vivek Narayan Sharma, Know your rights: Criminal trials in India (Part-1), Times of India (Dec. 22, 2018), https://timesofindia.indiatimes.com/blogs/lawtics/know-your-rights-criminal-trials-in-india-part-1/.

LATEST POSTS

ARCHIVES

About us

Lafz : The Indian Speakers Forum is an attempt to provide to a National level platform to the speakers across India. The organisation believes that content articulated in a convincing manner has the potential to bring change in the society using communication as an tool for change ! The organisation believes that youth is the key to change and therefore aims to focus on making youth empowered.

Mission

Lafz: The Indian Speakers Forum is an organisation ,which is on a mission to provide platform to every Indian youth along with the educated minds of the nation to share their thoughts on a National platform on, ongoing current issues. We aspire for a informed India , where every youngster has his/her opinion on issues of public interest . We aim at taking out the fear of speaking and raising voices for the change .

Vision

Lafz the Indian Speakers Forum see’s India as a nation that has enormous potential in itself in the form of youths they have . The organisation envision’s to provide platform to all such young minds those who wish to bring change in the society through the power of words articulated in the form of speech . We understand the importance of communication in the 21st century and believe that, effective and efficient communication is the most important tool for transforming lives !

We plan to build a strong network among the states and Union Territories of the nation and make a chain of , organised voices and bring them together at a National level platform along with the people who already have their voice in the society .

Lafz is a small step towards the big change that we wish to see in India !

About the topic

“We are independent….?”
This is a question for our civilization. This is a question for the distinct existence of each individual identity facing the regime. From the democratic Greek philosophy to the Mediaeval society oppressed by Feudal exploitation. From the inception of Nation States to the modern Industrial system. Even after a thousands reforms, a million transformations, and various tenets and principles, the world’s largest democracy continues to ask herself this question on her 75th independence day. However, world’s largest democracy also has the largest and most enriched Constitution. Along with the bureaucratic structure, governing bodies, and an enlightened judiciary, the systematic provisions of our fundamental rights, our fundamental duties and a shared structure of powers have provided us with a constitutional guarantee of our freedom.

Now, if this question exists then do answer it, and if the answer lies in the above- mentioned constitutional guarantee, then do prove it.

Registration Link:

https://docs.google.com/forms/d/e/1FAIpQLSeFPkcV6I1Ft9tyrqVC8m9N3iLHae2Ax3v04S_IWEr9zsjYxw/viewform

Speak-India-2.0 Download

For regular updates, join us:

WhatsApp Group:

https://chat.whatsapp.com/BKRZpHyuzA46mTWlaFqdjq

Telegram:

https://t.me/lexpeeps

LinkedIn:

https://www.linkedin.com/company/lexpeeps-in-lexpeeps-pvt-ltd

Visit us for more such opportunities: http://lexpeeps.in/

About the Organisation:

Team Attorneylex is a Student-run organisation, it is an online platform for law students where they can contribute their legal knowledge and get recognized for their contribution. We aim to guide law students in their legal research, content writing, case analysis, read or understand the judgments passed by the courts, etc. because we believe that these things are an essential part of the legal profession.

In this epoch of information explosion, it has become really difficult to rely on the content available online because of various reasons sometimes it is the authenticity of the content itself, the language of content, wrong citations etc. But we are here to ensure quality content for you, written by experienced writers, checked by professionals. This is a website with a mission to provide legal reporting more accurate, transparent and accessible to everyone.

Along with the other activities the endeavour is to deliver legal help to the sectors of society that are unable to access existing legal services due to illiteracy and poor economic conditions.

About the Competition:

The objective of this competition is to promote the importance of the latest landmark judgment passed by the Supreme Court of India. This competition will enable the participants to know that how these latest judgments have changed the overall course of justice. The Supreme Court landmark judgments provided as the theme of the Competition would not only enrich the academic experience but also provide knowledge about the practical aspect of the professional legal world. This Case Comment Writing Competition seeks to promote original thoughts, and analysis amongst students, researchers, academicians and legal practitioners.

Eligibility Criteria:

Open to All.
All undergraduate and postgraduate students, teachers, research scholars from a recognized school, college or university are eligible to participate in this competition.

List of Cases for Case Comment Writing ( Choose any one)

Shatrughan Chauhan & Anr v. Union of Indian [Death Penalty and Mercy Petition 2014]
Abhilasha v. Parkash [2020 SCC OnLine SC 736] (maintenance under Section 125 CrPC)
Vishaka and others v State of Rajasthan (Sexual Harassment of a woman at her workplace)
State of Karnataka v. State of Tamil Nadu [Cauvery Dispute]
A.K Gopalan vs. State of Madras, 1950 [ Habeas Corpus ]
Central Public Information Officer, Supreme Court v. Subash Chandra Agarwal [CJI Office comes under RTI Act 2020]
The Secretary, Ministry of Defence v. Babita Puniya & Ors [Gender Equality in Armed Forces 2020]
Dheeraj Mor v. Hon’ble High Court of Delhi [Judicial Services 2020]
Amit Sahni v. Commissioner of Police, [2020 SCC OnLine SC 808] ( Shaheen Bagh Protests)
Indra Sawhney& Others vs. Union of India & Others
Dr. Shah Faesal & Ors. v. Union of India & Ors. [2020 4 SCC 1] ( Article 370 )
Pandurang Ganpati v. Vishwasrao Patil Murgud Sahakari Bank Ltd [2020 SCC OnLine SC 431] (SARFAESI Act )
Chebrolu Leela Prasad Rao & Ors. v.State of A.P. & Ors. [2020 SCC OnLine SC 383] (100% reservation for tribal teachers)
Swapnil Tripathi & Ors. v. Supreme Court of India & Ors. [Verdict on Live-streaming Apex Court Proceeding]
Justice K S Puttaswamy and Anr. v. Union of India and Ors., (2017) 10 SCC 1 (Validity of Aadhaar Judgment passed on 26th September 2018)
SR Bommai vs. Union of India in 1994 (Article 356)
Shayara Bano v. Union of India and Ors. (2017) 9 SCC 1
Independent Though v. Union of India and Anr. (2017) 10 SCC 800
Mukesh & Anr. v. State (NCT of Delhi) & Ors. (2017) 6 SCC 1
Joseph Shine Vs. Union of India

Submission Guidelines:

The case comment should preferably include the following elements: Synopsis, background, facts of the case, issues, contentions, findings, reasoning, disposition, critical analysis, conclusion.
The submission must be original.
Submission must be in English Language only.
It should be submitted in Word/ Docs document format only.
Word Limit: 1200-2400 words excluding citations.
Plagiarism limit: 25%.
Co-authorship is permitted( Max. 2 Authors)

Formatting Details:

Font: Times New Roman
Title: Font Size – 14, Bold, Underlined, Capital
Headings: Font Size – 14, Bold, Capital
Content: Font Size – 12
Alignment: Justified
Line Spacing: 1.5

All submissions shall be made to submission@teamattorneylex.in with a subject – “Submission: National Case Comment Writing Competition”.

Note: The submission shall also be accompanied by another Word document consisting of a Cover Letter mentioning the Name of the Author/s; Name of the Institution/College/University; Designation; Year of Study (if applicable); Email ID.

Marks Shall be allotted based on:

Understanding of the Facts of the Case (Topic chosen)
Interpretation
Analysis and Conclusion
Presentation and Creativity
Compliance & Strict Adherence to formatting and submission guidelines

Important Dates and Timing:

Last Date of Registration: 12 July 2021
Last Date of Submission: 14 July 2021, 11:59
Declaration of Results: 20 July 2021

Prizes:

Winner: Cash prize Rs. 2000/- + Certificate of Merit + Free Article/ Case Summary publication on the website + Online Internship opportunity with the Team Attorneylex.
Runner up: Cash prize Rs. 1000/- + Certificate of Merit + Free Article/ Case Summary publication on the website + Online Internship Opportunity with Team Attorneylex.
2nd Runner Up: Cash prize Rs. 500/- + Certificate of Merit + Free Article/ Case Summary publication on the website + Online Internship Opportunity with Team Attorneylex.
Top 20 Performers: Certificate of Merit + Free Article/ Case Summary publication on the website + Online Internship Opportunity with Team Attorneylex.
E – participation Certificate will be provided to all the participants.

Registration Fee:

Single Author: Rs. 60/- (Early bird offer Rs. 50, till 1st July)

Two Authors: Rs. 100/- (Early bird offer Rs. 90, till 1st July)

Payments details:

Paytm/ G-pay/Phonepe- 9616696008 (Gaurav yadav)

Bhim UPI- 9616696008@upi

Bank details-

Name- Gaurav Yadav

Bank – HDFC Bank

Account Number- 50100429858721

IFSC Code- HDFC0009157

Registration Link

Click here to register,

Or

https://forms.gle/5AHgUi5jJLr9EB9F7

Website Link

https://teamattorneylex.in/

If you have any queries feel free to contact

Vanshika – 07055460463

Gaurav – 09616696008

Email- contact@teamattorneylex.in

For regular updates, join us:

WhatsApp Group:

https://chat.whatsapp.com/BKRZpHyuzA46mTWlaFqdjq

Telegram:

https://t.me/lexpeeps

LinkedIn:

https://www.linkedin.com/company/lexpeeps-in-lexpeeps-pvt-ltd

Visit us for more such opportunities: http://lexpeeps.in/

The present article has been written by Aanya Gupta, pursuing BBA LLB from Vivekananda Institute of professional studies, GGSIPU , New Delhi

Introduction

The Indian Constitution deals with justice, freedom, equality, integrity, and dignity. The concept of justice depends on the interpretation of the constitution. The Constitution stipulates justice, namely social justice, economic justice, and legal justice, which are an integral part of the theory of distributive justice. The phenomenon of “distributive justice” is based on two important points: first, fair distribution is not only about resources and materials, but also rights, obligations, and responsibilities; secondly, justice is a phenomenon, not only for the people, who govern but also for those who govern. People who govern themselves. Article 14 and Article 21 of the Indian Constitution respectively mention “all people are equal before the law” and “the right to live with dignity”. This is the soul of constitutional governance; the constitution has the upper hand because it gives the people identity. Identity in society is everything to justice; we demand our identity, not just for justice. Many philosophers offer different concepts of justice. It cannot be said that the Constitution of India is based on one theory, but is the result of all jurisprudential theories. It requires real efforts for society, the individual, the law, the economy, and general development.

Justice is simple, but the world is complicated, so the application of justice in the world contains some complicated things. 2 When we consider questions of economic and social policy, justice will guide citizens to reflect. According to Amartya Sen in his book “The Concept of Justice”, the doctrine of political economy must include an explanation of the public interest based on the concept of justice. The theory of justice that can be used as a basis for practical reasoning must include methods for judging how to reduce injustice and promote justice, rather than merely aiming to describe a completely just society and practice as many of its main characteristics. theory. Justice in contemporary political philosophy. Justice is not a matter of reasoning at all; it is about being appropriately sensitive and having a proper sense of smell for injustice. The requirements of the theory of justice include playing a rational role in the diagnosis of justice and injustice. Faced with different theories of justice, the eternal dilemma is to find a tangled balance measure suitable for the ever-changing human affairs. The problem lies in the relationship between “justice” and “injustice”; what if the second is only the absence of the first?

Principle Of Natural Justice

The principles of natural justice are considered basic human rights because they try to provide justice to the parties in a natural way. Natural justice is another name for common sense justice. It is procedural, and it also aims to ensure judicial justice to the parties. The Supreme Court judge once said that the goal of natural justice is to ensure justice, or (negatively speaking) prevent judicial errors. It only operates in areas not covered by the law. It replaces the law and supplements it.

The principles of natural justice are:

1) Nemo Debet Esse Judex In Propria Causa, which means that no one can serve as a judge in his case.

The first minimum requirement of natural justice is that the authority that decides the decision must act impartially and fairly. The judge must be fair. There can be many types of bias, such as monetary bias, personal bias, and official bias. The purpose of this rule is to ensure that the public has confidence in the fairness of the rewarding process.

2) Audi Alteram Partem, which means to listen to each other.

This principle means that the person must have a fair opportunity to defend himself. This means that no one will be convicted without being heard. In addition, it is very necessary not to try anyone without a fair hearing. Therefore, they will have the opportunity to respond to the evidence against them by providing all the facts and evidence that the court knows in their favor.

Constitutional Imperatives

ARTICLE 14
This article guarantees – equality before the law and equal protection of law within the territory of India. It binds the State to ensure that there is no discrimination being practiced in the nation. It includes the principle of the Rule of Law.

ARTICLE 15(1)
It prohibits discrimination on the grounds of religion, race, caste, gender, or place of birth. It is the duty of the state to make special provisions for women and children, and the advancement of any social and educationally backward classes of citizens, and Schedule Caste & Scheduled Tribe peoples.

ARTICLE 21
No person shall be deprived of his right to life and personal liberty except according to the procedure established by law.

ARTICLE 22
It gives special rights to arrested persons in certain cases which within its ambit contain very valuable elements of Natural Justice.

ARTICLE – 32 and 226

It collectively provides for Constitutional Remedies for violation of Fundamental Rights and Legal Rights. They can be exercised by issuing appropriate Writ, Direction, and Orders.

Conclusion

There is no value in linking the Constitution of India to a theory of justice because it is a combination of all methods of judicial jurisprudence. The constitution is an ideal and requires practical efforts for society, the individual, the law, the economy, and integral development. When we speak of the Constitution, we often speak of justice; because it is not only related to the development of people, but also the peace, security, and dignity of people; justice is important because it gives identity to people; an LGBT Issues Open space leads to a certain degree of legitimacy and requires more active rights, such as anti-discrimination measures and socio-economic benefits. Since Ward’s theory is consistent with article 15 and the article of the Constitution, we should apply an effective educational plan for balanced intelligence among people of different classes in society. Justice is fundamentally a matter of treating people equally and then trying to show that we must apply different standards of distribution in different situations. It includes a series of rights, such as freedom of expression and the right to vote that define citizenship, and the right to material resources that allow people to operate effectively as citizens in a political sense. Justice is not a fact, but an attitude to the facts that must be implemented to maintain the legitimacy of the constitution.

Latest Posts

Archives

The present article has been written by Gracy Singh, a 2nd Year student pursuing a BA.LLB (Hons.) from Mody University of Science and Technology, Lakshamangarh, Rajasthan.

Introduction

FIR or First Information Report is the earliest form of information relating to the commission of cognizable offense recorded by the officer-in-charge of the Police Station. The term FIR is not defined anywhere but Section 154 of CrPC talks about information on cognizable offenses, while Section 155 (2) states the information on non-cognizable offenses. The purpose of FIR is to set the criminal law in motion, and to obtain first-hand information about any occurrence to exclude any fallacious story; it is the state’s duty to protect the society and to offer requital to the victim.

In, State of Haryana v. Bhajan Lal It was held that if any information disclosing cognizable offense and satisfy the requirement of Section 154(1) comes before the officer in charge then, he has to accept to enter the substance in the prescribed form.

Evidentiary Value Of FIR

FIR is important evidence but it cannot be considered as a substantive piece of evidence. This is because under FIR –

Statements are not made under oath.
Statements have no cross-examination in court.
Statements are not made during the proceedings and trial.

Yet, the evidentiary value of FIR is important than any other statement in cognizable offenses or during the investigation because –

to corroborate statements made by the informant
to refresh the informant’s memory
to cross-examination statements recorded by the informant
to impeach the creditworthiness of the informant
to ascertain the information related to the commission of an offense.

In, Pandurang Chandrakant Mhatre v. the State of Maharashtra it was held that FIR is not a substantive piece of evidence. It can only be used to impeach the credibility of the testimony recorded by the maker but it cannot be used for contradicting the testimony of other witnesses.

Exceptions Where FIR Is Accepted As Evidence

FIR can be accepted as substantial evidence –

When the declaration is made by the person who is dead.
When the incident took place in the presence of Station House Officers and the injured person makes the statement to the officer.
When the informant does not remember the facts but is sure about the facts stated in the FIR.

Corroborative Value Of FIR

Although FIR is not a substantive piece of evidence it can have corroborative value under Section 157 of the Indian Evidence Act, 1872 and can be used to contradict the informant under Section 145 of the same Act.

Section 145 of the Indian Evidence Act deals only with the method of contradicting previous statements made by the witness in writing through cross-examination. The statement which has been made by the informant or the witness must be either written or by someone else.

In the case, Ram Chandra v. the State of Haryana, it was held by the Supreme Court that the information of the FIR can be used only for contradicting and corroborating the facts stated by the informant or by any other witness.

Section 157 of the Indian Evidence Act states that to be corroboration of any form of the previous statement must disclose the same facts or the time. It must be presented before any authority having the legal competence to investigate the particular fact and also proved in the court.

In the case, Hasib v. the State of Bihar The Supreme Court held that as per Section 157 and 145 of the Indian Evidence Act, FIR can be used only for corroborating and contradicting the informant who lodged the FIR.

In the case, State of Orissa v. Makund Harijan and Anr., it was held by the Orissa High Court that FIR can be used to corroborate and contradict the informant but the omissions of certain important facts

Dying Declaration In FIR

The term Dying Declaration means any written or verbal statement made by the person who is dead or the person who died while explaining the facts of his death. This concept was evolved from a legal maxim, ‘nemo moriturus praesumitur mentri’ which means a man will not meet his maker with a lie in his mouth. Section 32(1) of the Indian Evidence Act, 1872 deals with the concept of dying declaration, and the statements are assumed to be relevant.

In, K.R Reddy v. Public Prosecutor The court observed the evidentiary value of dying declaration that the dying declaration is permissible under Section 32, and through cross-examination, the truth could be tested as the statement is not made on oath. Before acting upon it, the closest inspection of the statement should be observed by the court. It is also assumed that the statement given by a dying person is of serious nature as the person is not likely to lie when he is on the verge of death. The statement is enough to prove the conviction if the court is satisfied that the dying declaration is true and not influenced.

A dying declaration can be recorded by a doctor or a public servant if the victim is hospitalized and wants to make a statement. It is recommended to make a dying declaration to a magistrate or in his presence but if this is not possible it can be recorded by the public servants. Even though the dying declaration by police officers is inadmissible in the court but due to circumstances, the court has to consider such declaration.

In, Maniram v. State of Madhya Pradesh The dying declaration was documented by a doctor without authentication of the conscience report of the deceased as well as there was no thumb impression on the declaration. The credibility of the FIR was lost in this case.

Conclusion

Fir is an important report, it can be provided as valuable evidence duly reported. FIR, under Section 145 of the Indian Evidence Act, 1872 can contradict the witness if the informant is present as a witness during the trial; under Section 157 of the same Act, it can corroborate the informant. In some cases, FIR can be considered as Substantial Evidence but mostly it is just an important piece of evidence. Therefore, it is necessary to lodge an FIR against any crime by the police officers and to initiate the investigation.

Latest Posts

Archives

About the IALR:

The IALR is an annual peer-reviewed journal published by the students of National Law Institute University, Bhopal and is supported by L&L Partners Law Offices. The Inaugural Edition of the Journal was launched by legal luminaries and dignitaries including Shri Kamal Nath (the then Chief Minister of Madhya Pradesh), Hon’ble Mr. Justice D.M. Dharmadhikari (former judge, Supreme Court of India), Mr. Kevin Nash (Deputy Registrar and Centre Director, Singapore International Arbitration Centre), Mr. Prashant Mishra (Partner, L & L Law Offices) and Prof. (Dr.) V. Vijayakumar (Vice-Chancellor, NLIU Bhopal). Additionally, the latest volume of the Journal was inaugurated by Mr. Gary Born (Chair of the International Arbitration Practice Group, Wilmer Cutler Pickering Hale and Dorr LLP).

Call for Papers:

The Indian Arbitration Law Review is now inviting submissions for Volume 4.

Sub-themes

The Journal welcomes submissions on any of the following sub-themes:

Accreditation Norms of Arbitrators in India: Arbitration and Conciliation (Amendment) Act, 2021
Challenges to enforcing awards in Investor-State disputes
Arbitration in a post COVID-19 world
Use of Artificial Intelligence in Arbitration

Note: The above sub-themes are only illustrative, and the Journal welcomes submissions on any topic related to arbitration.

Categories

Submissions can be made under the following categories:

Long Articles (4000-8000 words*): The article must be a comprehensive and in-depth analysis of a contemporary issue in arbitration law and should include references to a range of sources and contributions in the form of alternatives and suggestions.
Short Articles (2000-4000 words*): The article must be an analysis of a contemporary issue in arbitration law and should include a reference to a range of sources and contributions in the form of alternatives and suggestions.
Case Comments (1500-4000 words*): The comment must be an analysis of a recent judgment, bringing out its relevance in light of the development of arbitration law, views expressed in the judgment and the opinion(s) of the author.
Book Reviews (1000-3000 words*): The review must be a crisp account of a recently published book on arbitration, including the issues explored and related arguments of the author.

*The word limit is exclusive of footnotes and abstract. The prescribed word limit may be relaxed up to 10%, at the discretion of the Editorial Board.

Submission Guidelines:

Submissions are accepted only in the English language.
All articles must be accompanied by an abstract not exceeding 300 words. Case Comments and Book Reviews do not need to be accompanied by abstracts.
The abstract must expressly include the novelty and usefulness of the idea that the author wishes to put forth and must categorically mention the specific contribution of the article beyond the existing available literature.
Co-authorship (with no cap on authors) is permitted for all articles.
The manuscript should not contain any references to the identity of the authors. However, authors are allowed to cite their previous published work.
The body of the manuscript should be in Times New Roman, Font Size 12 and 1.5-line spacing.
The footnotes should be in Times New Roman, Font Size 10 and single line spacing.
The citations must conform to the style of OSCOLA (4th Edition).
Manuscripts should only use footnotes as a means of citation. No other method of citation is permitted.
Substantive footnotes are permissible.

How to Submit?

Kindly send your manuscript in MS Word (.docx) format to ialr@nliu.ac.in
The subject of the email should be “Submission for Volume 4 – <Title of the manuscript>”. The submissions must be sent by 11:59 pm, 31st August 2021.
IALR accepts manuscripts on a rolling basis. Manuscripts received after the submission deadline shall be considered for publication in Volume 5.
The submission should be accompanied by a Covering Letter, which must include the following details:
- Name of Author(s)
- Contact Details (Address and Mobile No.)
- Institutional Affiliations (if any)
- Academic Qualifications
For more information related to the submission guidelines and the journal, please click on the link below –

Click here for more information.

Submission Deadline

August 31, 2021

Contact Info:

In case of any queries, kindly drop an email to ialr@nliu.ac.in or contact:

Syamantak Sen, Editor-in-Chief: +91 91637 59868
Vivek Badkur, Managing Editor: +91 91310 75603

Important Link:

https://www.indianarbitrationlawreview.com/submission-guidelines

For regular updates, join us:

WhatsApp Group:

https://chat.whatsapp.com/BKRZpHyuzA46mTWlaFqdjq

Telegram:

https://t.me/lexpeeps

LinkedIn:

https://www.linkedin.com/company/lexpeeps-in-lexpeeps-pvt-ltd

Visit us for more such opportunities: http://lexpeeps.in/

About IIL:

Indore Institute of Law (IIL) was founded in 2003 with the aim of encouraging intellectual consciousness and overall growth in our country using legal education. Institute has redesigned the fundamental qualities for achieving excellence appropriately, we still believe that the core value of our programme is holistic in spirit that not only helps the students to develop a soulful mind-body connection but also making them aware that there is much more to the world than just gaining a materialistic purpose towards life.

About the Event:

Indore Institute of Law is organising its 3rd Edition International Conference on “Self- Reliant India-A Pathway to Developed India Mission 2030” from 17th to 18th July 2021. The conference is moderated and designed to facilitate an intellectual discourse in the form of deliberation between participants and practitioners in the field of the global and homegrown front through a trade of their encounters and contemplations on numerous disciples that are relevant to ponder upon to defeat the difficulties presented by the Global Pandemic and how to make different businesses Self Dependent and Self Sufficient in case of immediate need.

Eligibility:

Any interested researcher, academician or policymaker affiliated to any recognised Indian university or government institution can participate. The gathering looks to have a helpful discourse, giving a chance to understudies, academicians, experts and any remaining partners from numerous fields to advance their perspectives through their exploration and offer their information on a wide scope of points identifying with different disciplines and their different angles.

Team Composition:

Co-authorship is permitted, subject to a limit of maximum two authors per submission.During the Conference Participants should have good internet service so that there is a minimum chance for network problems.

Theme and Sub-Theme:

Theme : “Self- Reliant India-A Pathway to Developed India Mission 2030”

Sub theme:

1. Self Reliant India & Growth ofEconomy.
2. Empowering Education:Requisitioning the Teaching Learning.
3. Digitalisation & InformationTechnology.
4. Indigenous Tourism: Looking beyond
5. Health Sector: Surging Ahead
6. Legal Shifting from Traditional to Modern Approach-Boost Self Reliant India.

Awards:

Best researcher will be awarded with a cash prize of Rs. 1100
Selected papers will get published in an ISSN numbered E-Journal.
E-certificated will be provided to all the participants.

Registration Details:

The authors are required to send an abstract of their paper on conference@indoreinstituteoflaw.org, upon selection of which they will be required to send their papers.
Authors will be required to fill the online registration only after the selection of the abstract.
Registration link for online registration.

Fees:

Category 1: Attendees Fee: INR 300(Participation in way of Paper submission only)
Category 2: PresenterFees: INR 600 (Participation in a way of paper submission and presentation is allowed)

Late Entry (After 15th of June, 2021)

Category 1: AttendeesFee: INR 450 (Participation in way of Paper submission only)
Category 2: PresenterFee: INR 750 (Participation in way of paper submission and presentation is allowed)

Last date of Abstract Submission (Extended) :

30th june 2021

Registration Link:

https://docs.google.com/forms/d/e/1FAIpQLScvXmmInrKTYhQbrueohgjhQp3zYyCgX9R3a1Keu4O6SRT_JA/viewform?usp=sf_link

Guidelines for Submission:

The language of the paper, working language of the seminar and the presentations shall be done in English only.
Co-authorship is permitted, subject to a limit of maximum two authors per submission.
The author(s) are required to send an abstract of their papers, upon selection of which they will be required to send their papers.
The abstract must contain the highlights of the full paper and should not exceed 500 words. The soft copy of the abstract shall be submitted along with a cover page.
Author(s) name(s), University/ Organization, Paper title, E-mail, Correspondence addressand Mobile number to be stated clearly on the cover page of the letter.
No part of the paper should have been published earlier nor should it be underconsideration for publication.
Any form of plagiarism will result in immediate disqualification.
Author(s) will be required to fill the online registration form after selection of their abstract.
One person may submit a maximum of only 1 article.
All the students/delegates will get an E-Certificate of participation/publication.
The institution reserves the discretion of the selection of the paper and the same will be binding.
12. The paper will be published in the E-journal within the next 15 days of the Conference.

Important Dates:

Last Date for Abstract Submission (Extended): 30th June 2021
The Last date of online registration:
Last date of full paper submission: 4th July 2021

Payment Info:

Participants and Attendees are required to wire-transfer the registration fee/amount to the details mentioned below:

Name: Indore Institute of Law
Account Number: 53001040267
IFSC Code: SBIN0030450
Bank: State Bank of India
Branch: Sch. No. 54, AB Road Indore

Contact Info:

Student Coordinators

Mr. Shreyanshu Choudhary (Convenor): 8602335256
Ms. Kishita Sharma (Co-Convenor): 9755553512
e-Mail ID: conference@indoreinstituteoflaw.org

Official Brochure:

IIL_Self-Reliant-India_Brochure-1 Download

For regular updates, join us:

WhatsApp Group:

https://chat.whatsapp.com/BKRZpHyuzA46mTWlaFqdjq

Telegram:

https://t.me/lexpeeps

LinkedIn:

https://www.linkedin.com/company/lexpeeps-in-lexpeeps-pvt-ltd