Month: June 2021

3RD International Moot Court Competition, SVKM’S NMIMS KPMSOL’S Presented By Stratage Law Partners: Aug 20, 2021- 22, 2021: Register by July 10, 2021

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NMIMS’s Kirit P. Mehta School of Law is proud to announce the 3rd International Moot Court Competition 2021 in collaboration with Stratage Law Partners on the theme of National Security v. International Investment from 20th August 2021 to 22nd August 2021.

About the Organizers:

The Kirit P. Mehta School of Law (SOL) of SVKM’s NMIMS (Deemed-to-be-University) established in the year 2013 approved by the Bar Council of India aims to provide quality legal education in order to meet the aforementioned challenges. We at School of Law inculcate and nourish all the professional virtues in a well calculated and planned manner, without undermining the ‘societal values’. The academics and support mechanism in Kirit P. Mehta School of Law is to facilitate all the determined students to give their best so as to be the ‘Best’ when it comes to application of theory in practice. The ‘Legal Skills’ built by SOL during the 5 years period should enrich a student to convert challenges into ‘benchmark’ in legal world and withstand economic, social, political and judicial scrutiny. Kirit P. Mehta School of Law, NMIMS also aims to refine students’ competency by engaging them in curricular and extra-curricular activities. 

The Moot Court Committee is a dedicated cell, constituted to nurture and enhance advocacy skills amongst the learners. It organizes on an annual basis an internal moot court competition and thereby aids students to participate in external moot court competitions organised on national and international levels.

With immense pride, SVKM’s NMIMS Kirit P. Mehta School of Law, announces its flagship event, the 5th Moot Court Competition, 2020 to be held from 20th August to 22nd August 2021.

About the Event:

The first-ever SVKM NMIMS KPMSOL’s International Moot Court Competition was held on the theme of ‘Data Privacy’ in 2019. The second international competition was held on the theme of ‘’International Environment Law’ which was originally scheduled for March 2020. Since we were hit by the pandemic, the competition had to be postponed and was successfully conducted on a virtual platform in August 2020. The previous edition last year, saw a participation of over 200+ students from across the world with pertinent teams from international institutions being a part of the competition with the presence of over 60 esteemed legal luminaries from the Supreme Court, various high courts, and prestigious law firms across the country.

The SVKM’s NMIMS Kirit P Mehta School of Law’s 3rd International Moot Court Competition is scheduled from 20th – 22nd August 2021 on the theme of National Security v. International Investment, being presented this year in collaboration with ‘Stratage Law Partners’. The proposition for this edition has been drafted by the prestigious law firm, Economic Laws Practice.

About the Theme

International investment has become a medium to reach growth and is a vital device to be used as a business strategy. Therefore, it becomes extremely important to understand the underlying issues and build up good knowledge around this topic because it leads to the expansion of a Firm’s financial and management resources.

The regulations governing international investments are relatively new and thus, require the identification of various practical aspects which can later become an issue under the same. This is because such transactions come with the innate threat of jeopardizing the national security of a state. Hence, with the said theme, the objective is to put an effort in order to navigate across a range of complex issues. Also, to reflect over the different laws depending on the facts and scope present.

Eligibility

All students enrolled bona fide in an undergraduate i.e. 3 years/ 5 years and postgraduate law program conducted by any college or university shall be eligible for participation in the SVKM’s NMIMS Kirit P Mehta School of Law’s 3rd International Moot Court Competition. Each College/University/Institution shall be allowed to register only one team in the competition.

Location

The event will be conducted by means of a virtual platform.

Registration Details

Teams can provisionally register themselves by sending an email with the details of the participating team and college name at: mcc.sol@nmims.edu. The details of the final registration will be intimated soon.

Fee Details

Registration Fee: INR 2, 500/- (Details regarding payment will be notified soon)

Prizes 

The following awards will be presented:

  • Best Team
  • First Runner’s up
  • Best Memorial
  • Best Speaker

All participants will be presented with e-Certificates of Participation. All the winners of awards will be presented with Prizes worth 1.5 Lakh Rupees, Internship Opportunities, and e-certificates of Merit.

Important Deadlines

  • The Last Date for Registration: July 10, 2021
  • Last Date for Clarifications: July 15, 2021
  • The Last Date for Submission of Memorial: August 7, 2021.
  • Oral Rounds: August 20-22, 2021

Moot Proposition:

IMCC-Prop-2021Download

Rule Book:

IMCC-2021-RULE-BOOKDownload

Contact Details

For more information contact us at –

  • Yusuf Kathawala, Chairperson: 9967904652
  • Adwaita Bhattacharyya, Vice-Chairperson: 9382132436
  • Shreeya Agrawal, Vice-chairperson: 76210801110

Official website: https://imcc.nmims.edu/

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Internship Opportunity: Legal Internship Opportunity at Lex Commerci: Applications Open!

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ABOUT LEX COMMERCI

Established in 2009, Lex Commerci is a leading full-service law firm  boutique  based  out of Chandigarh Tri-city area, which runs with the vision of becoming a one stop legal support for all its clients.

The team at Lex Commerci comprises seasoned advocates and young bright minds with deep insight in legal drafting, dispute resolution, transaction support, regulatory compliance, contract management, etc. having successfully advised and represented  leading  corporations and governmental organizations on a range of challenging legal issues.

NATURE OF WORK EXPECTED:

The Interns will have the opportunity to assist the Firm in a variety of work like Research Assistance, Article Writing and Arbitration with a focus on the Energy and Infrastructure Industry. This shall be full time internship for a duration of 6 weeks.

WHO CAN APPLY?

The following are the prerequisites :

  • Strong Aptitude for Legal Research.
  • Excellent written and verbal communications skills including strong presentation skills
  • Strong relationship-building skills.
  • Ability to work autonomously and as part of a team.
  • Good organizational skills and capacity to be detail-oriented. High level of integrity and professional accountability.
  • A passion for the field of law
  • Applicants in their 3rd Year and above (in 5-year law course) or 2nd Year and above (in 3-year law course) , from a tier-1 law university, would be preferred.

ADDITIONAL BENEFITS

  • Interning with Lex Commerci has several benefits , which  can be found below:
  • A Stipend (Based on Performance)
  • A Certificate, after having completed your Internship
  • A Letter of Recommendation based on your accomplishments during the internship
  • A pool of accomplishments that you can demonstrate on your resume
  • After completion, the intern will develop a thorough industry knowledge in the field of Energy and Infrastructure; as well as, insights on growing a firm, that you can use

HOW TO APPLY?

Fill the google form CLICK HERE TO APPLY OR Send in your resumes and cover letter to PC@lexcommerci.com with the subject headline as “Application for Legal Internship”.

CONTACT DETAILS:

For further information please visit our website: CLICK HERE

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Internship Opportunity: Legal Internship at ELT Consultants, Delhi: Applications Open!

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About Us:

ELT Consultants is a group of professionals working in the field of Law & litigation, Chartered Accountancy, and Company Secretary. ELT group has associate statutory registered Law firm and CA Firm. 

Skills:

  • Excellent writing and communication skills
  • Highly fluent in English and Hindi
  • Passionate for writing
  • Students preferred knowledge of laws related to Legal Metrology laws, Food Safety laws, Insurance laws, Drugs & Cosmetics laws, BIS laws, Environmental laws, Succession & Inheritance laws, and others.   
  • Highly professional in conduct
  • Go-getter and executors

Responsibilities:

  • Writing Blogs for our websites
  • Creating content for social media websites like Facebook, YouTube, etc.
  • Conduct research on multiple topics like:- 
  • Insurance laws, 
  • Environmental laws, 
  • Legal metrology laws, 
  • Drugs & cosmetics laws and Medical Regulatory Laws
  • Food safety laws etc.
  • Foriegn Direct Investment Laws
  • Intellectual property laws
  • Cyber Laws
  • Estate, inheritance and Succession Laws.
  • Indirect Taxes, GST, Customs, DGFT, FEMA Laws.
  • NGO Laws 
  • Company Law & IBC
  • Proofread and edit blog posts before publication.

Who can apply:

  • Final year students of B.A, LL.B(H)/ LL.B or freshers/graduates can apply
  • Anyone available for a full time (in-office) internship
  • Anyone who can start the internship immediately
  • Anyone who is available for a duration of 2 months and well-deserved candidates may get an opportunity to work with us full time.
  • Preferably living nearby.

Contact us : jobs@easylegaltax.com or +91-8585916617

How to apply?

https://www.linkedin.com/company/easylegaltax1/

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Allahabad High Court Flays Petitioner for Filing Bail Plea Directly in HC

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The Allahabad High Court had recently given a few rules and guidelines for cases where anticipatory bail can be allowed even after the submission of the charge sheet.

On June 5, 2021, The Allahabad High Court came down heavily on a petitioner for documenting anticipatory bail applications straightforwardly in the High Court, expressing that it was necessary to mention special circumstances for applying to the High Court.

Justice Rohit Ranjan Agarwal passed this order while hearing a Criminal Miscellaneous Anticipatory Bail Application under Section 438 documented by Bhopal and two others.

The Anticipatory Bail Application was moved by the candidates straightforwardly under the steady gaze of the Court looking for anticipatory bail for a situation recorded at Police Station Sahibabad in District Ghaziabad of Uttar Pradesh.

The court observed that there must be compelling or special circumstances entitling a party to directly approach the High Court for grant of anticipatory bail

After examining the whole record, the Court tracked down that in the expectant bail application, the candidate has not referenced any convincing or uncommon situation to move toward the Court straightforwardly without the avenue as available before the Court of Sessions being exhausted.

-Report by Anuj Dhar

Political Upheaval in Nepal- Simplified

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Vanshika Arora is a first-year B.A.LLB student at Army Institute of Law, Mohali.

The most recent development in Nepal politics has been the announcement of a fresh election by President Bidya Devi Bhadari, when KP Oli lost the vote of confidence in parliament under Article 76(5) of the constitution. Article 76(2) of the constitution of Nepal states that any leader is required to furnish proof of majority in the House of Representatives, failing which the President can invoke Article 76(3), which requires the leader of the largest party to form the government by proving majority in the house. KP Oli, being the leader of the largest party, failed to claim a majority. This is the second time that the parliament of Nepal has been dissolved in a year. Earlier, it was dissolved in December 2020 by the incumbent KP Oli. This is when the Supreme Court reinstated the parliament, in February 2021. The political uncertainty has caught the world’s eye view since it has been happening amidst the repeated coronavirus waves. The Nepalese parliament has not been in regular functioning since it was dissolved last year, leaving the socio-economic management of COVID in silos. 

Background

The story begins with the formation of NCP (Nepal Communist Party), in 2018. The NCP was formed by the merger of two parties, namely Communist Party of Nepal- Unified Marxist Leninist (CPN-UML) and Communist Party of Nepal (Maoist Center). The NCP later split into two factions, the CPN-UML led by KP Oli and the Maoist Center led by Pushpa Kamal Dahal, also known as Prachanda. Only a few months later, a Supreme Court judgment declared the NCP unconstitutional and revived the original parties, also declaring that NCP belonged to Rishi Kattel (another communist leader). 

The Supreme Court judgment rendered CPN-UML as the largest party in parliament with 121 seats. Normally, this would mean an end to the political crisis in Nepal. However, a lack of solidarity and internal factionalism within CPN-UML has led the country into two parliament dissolutions within six months. The primary faces of these internal factions are Madhav Kumar Nepal, Jhala Nath Khanal, and Pushpa Kamal Dahal against KP Sharma Oli. The Dahal faction claims to have 90 seats, leaving Oli with 84 seats at his disposal. seeking support outside of the party, Oli approached the fourth largest party of Nepal, Janata Samajbadi Party- Nepal (JSPN), that garnered 32 seats. Prachanda on the other hand, reached out to Nepali Congress led by Sher Bahadur Deuba, which had 63 seats. 

India’s role 

The JSPN support to Oli does not come unconditionally. The JSPN Madeshi leader Upendra Yadav has been promised seven seats and reverse in constitutional provision which denies citizenship to children born of Nepali mothers with foreign husbands. Therefore, this provision has been set aside by an ordinance. Oli was in support of this provision since the absence of it would allow Indians to marry Nepali women, and have children who could be Nepali citizens.

Some rumors claim that Oli has affirmed the BJP government in India, that he shall drive Nepal into a Hindu Rashtra and work closely with RSS. Such speculation has arisen after the recent visit of a former Nepali king to the Kumbh Mela. 

Conclusion 

The political situation in Nepal has not been stable for a long time. The 2018 elections were a ray of hope, for political stability and a government to last up until 2023. However, internal factionalism has proved hazardous for the Nepalese democracy. For Nepal to revive its monarchy, it is essential for the country to retain political and constitutional stability.  

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Pledge in Contracts

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 This article is written by Shaheera Almas Sultana, pursuing BA LLB in NBM LAW COLLEGE, Vizag.

What is the Meaning of Pledge?

The word Pledge is defined as the goods being bailed in the form of security for payment of a debt or performance of a promise. The definition of pledge seems similar to the definition of bailment(goods are delivered on specific purpose from one person to another) but the pledge is considered as a special kind of bailment. The other word for the pledge is ‘Pawn’. The major difference between bailment and pledge is every pledge can be considered as bailment but every bailment cannot be considered as a pledge. An individual who delivers goods to another is called a Bailor. But in this case, the person who delivers the goods in the form of security for payment of a debt or performance of a promise is called a ‘Pledger’. The person who receives the goods is known as ‘Pledgee’ or ‘Pawnee’.

The words  “Pledge”, ” Pawner” and “Pawnee” are defined in Section 172 of the Indian Contract Act, 1872,  which states that  ‘the goods being bailed in the form of a debt or performance of a promise, is termed as a pledge’.

Example:- A shopkeeper has delivered 100 bags of rice to the bank as security for obtaining a loan. The whole process is known as Pledge. Here, the shopkeeper is the pledger and the pledgee will be the bank.

To make it more simple let’s take another example, ‘X’ gave ₹50,000/-  to  ‘Y’ and kept Y’s gold chain with him in the form of security for the payment of the debt. In this case, the bailment of the gold chain is known as ‘Pledge’. Here, ‘X’ is termed as ‘Pledger’ and ‘Y’ is termed as ‘Pledgee’.

Section 172 deals with “Essential Elements of the Pledge”:- 

  1. Goods being delivered 
  2. For payment of a debt, security is required.
  3. The given property must be movable.

 Goods being delivered

To constitute a pledge, bailment of goods is necessary. This means the goods must be delivered from one person to another. The delivery of goods may be actual or constructive. During a popular case, Reeves v. Copper (1933) Bing NC 136; 132 ER 1057: during this particular case, the captain of the ship pledged his chronometer together with his employer. Here, the captain was allowed to keep the chronometer and to use it for the voyage. Later, the captain pledged the chronometer again with another person. As it was a case of constructive delivery the first pledge was valid. In another leading case, Bank of Chittor v. Narasimha, A.I.R.1966 AP 163: This was the case of constructive delivery where the bank gave access to the property pledged or bailed to them (a cinema projector and some accessories) to remain with the pledgers who sold those to the other person. Here, the sale was subject to the pledge.

For Payment of a debt, Security is Required

The main component of constituting a pledge is, the goods bailed between one person to another must serve as security for the payment of a debt, or performance of a promise made. In simple words, for the payment of a debt or for the performance of a promise the following goods should be bailed to serve as security. In Bank of India v. Binod Steel Ltd, without satisfying the claim of the bank,  the movables pledged by a company to a bank cannot be attached and sold for the satisfaction of claims of other creditors of the company.

The Given Property must be Movable

The property given must be a movable property like goods, documents, valuables, and chattels.

Difference between Bailment and Pledge

  • Section 148 to 171 of the Indian Contract Act deals with bailment. Pledge is dealt with in Section 172 to 181 of the Indian Contract Act.
  • Bailment is made for any purpose but the pledge is made for specific purposes.
  • The Pledgee cannot use the goods but the bailee can use the goods.
  • If the pledger fails to complete his task on time then the pledgee has the right to sell the goods. Whereas, the bailer has no right to sell the goods.
  • The exercise of lien by bailee on goods are only for labour and service but pledgee can exercise lien even for non-payment of interest also.

The pledge by non-owners in Latin maxim known as “Nemo Dat quod non-habet”. The actual rule explains to us that the person who can create a valid pledge is the real owner. The interest of the individual is protected. In simple words, the person who has the actual right over the goods can only have the valid title over the goods and can create a valid pledge. But, there are some exceptional cases where a non-owner can also create a valid pledge.

  1. Mercantile Agent creating a valid pledge:- Pledge by Mercantile Agent is dealt with in Section 178. It states that- ” when the consent of the owner is given to the mercantile agent regarding goods or the documents. It shall be valid for a pledge made by the owner when acting within the ordinary course of business of a mercantile agent because he was expressly authorized by the goods to make the same. It is also provided that the pawnee acts in good faith and during the time of pledge did not notice that the pawnor has no authority to pledge. 
  2. Under the voidable contract, pledge by the person in possession of goods:- The pledge made by the person who has caused the pawnor’s defect of title by acting in good faith and without the notice of pawnor, he gave the goods under a voidable contract under Section 19 or Section 19 A, the contract has not been rescinded at the time of the pledge.

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Near-to-Door Vaccination is Better than Door-to-Door Vaccination: Center Informs Bombay High Court

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In an affidavit filed with the Mumbai High Court on Tuesday, the Department of Health and Family Welfare stated that vaccination near-to-door would be a more appropriate solution than door-to-door vaccination, On May 20, the Bombay High Court granted the National Expert Group on Vaccine Administration for Covid-19’s (NEGVAC) time until June 1, 2021, to determine on a door-to-door coverage for residents who might now no longer be capable of going to vaccination centers.

All the participants who participated with inside the assembly agreed that covid-19 vaccination couldn’t receive at domestic because of the troubles and dangers stated through the Expert Committee, which became constituted beneath the chairmanship of Dr. NK Arora, Executive Director Inclen Trust to observe the door to door vaccination policy.” the affidavit states.

It cited the following reasons against door-to-door vaccination:

  • Treating adverse events after vaccination (AEFI) in a timely and appropriate manner.
  • Carry out the observation protocol of each beneficiary for 30 minutes after vaccination.
  • Danger of infection by Covid-19 Vaccinators and mobilizers.

The court hears a PIL of two lawyers, Dhruti Kapadia and Kunal Tiwari, asking for instructions from the central and state governments to initiate a door-to-door vaccination campaign for citizens over 75, people with physical disabilities, and bedridden people.

-Report by Manaswa Sharma

Free COVID Jabs to Everyone Above 18: Power of Judicial Review

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The Supreme Court made a preliminary observation last week and held that the central vaccine policy that does not provide free vaccination for the 18-44 age group is arbitrary and unreasonable.

On Monday, June 7, 2021, Prime Minister Modi announced that free jabs will be provided to everyone above 18 years of age. This is a great example of the power of judicial review.

The Supreme Court raised questions regarding vaccine policy with the center last week. He asked the center to review its vaccination policy. Noting that the center promoted and financed the production of vaccines through concessions, the Supreme Court requested clarification as to whether it stated precisely that private entities are the only ones who bear the risks and manufacturing costs. The financial budget for 2021-22 has been designated Rs 35 billion for the procurement of vaccines, and the Supreme Court had instructed the center to provide data and documents to clarify the use of these funds so far and why they cannot be used to vaccinate people aged 18 to 44 years.

Monday, in his address to the country, Prime Minister Narendra Modi stated that the central government will provide free vaccines to people aged 18 to 44 and has decided to buy 75% of vaccines from vaccine manufacturers, including 25% of the quota. national, and provide free vaccines to countries. Considering that when the constitutional rights of citizens are violated by central policies, the courts cannot be “silent bystanders.” The judge criticized the vaccination policy in an order published on June 2, calling it “ostensibly arbitrary and unreasonable” “and ordered that it should be reviewed.

-Report by Muskan Chanda

False Accusation of Impotency of Spouse will be Considered as Cruelty: Kerala HC

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Kerala High court on 3rd June 2021, held that false allegation of impotency or erectile dysfunction against a spouse is considered to be “mental cruelty”. This judgment was made in the divorce case of a doctor- couple.
As per the Hindu marriage act, cruelty means that the other party has, after the solemnization of the marriage, treated the petitioner with cruelty. It may be physical or mental. It may be words or gestures or even by mere silence. That’s the reason here false allegation is considered as “mental cruelty”. Whereas cruelty is also a ground for divorce.

The appeal has filed by the husband against the order of the family court. The respondent accused that her husband was impotent and is not able to perform sexually, which was contradicted by her statements and lack of evidence. Despite it, the husband was willing to undergo a medical test.
The advocate for the applicant relied on K.Srinivas Rao v. D.A. Deepa in which it was held that defamatory allegation against the spouse or his or her relatives in the pleadings amounts to causing mental cruelty to the other spouse. And in Gangadharanv, T.K. Thankam, the court held that false, scandalous, malicious, baseless, and unproved allegation made by one spouse, whether by letter or written statement or by any other mode, amounts to cruelty.

Therefore, the Kerala high court bench of justice Muhamed Mustaque and Kauser Edappagath has held that a false allegation of impotency or erectile dysfunction amounts to mental cruelty.

–Report by Riddhi Dubey

Madras HC Justice Anand Venkatesh Shares his Thoughts on LGBT Community and Issues Guidelines

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On Monday Justice Madras HC Justice Anand Venkatesh expressed his thoughts on homosexual relationships. When the judge was ruling on a petition filed by two lesbian girls asking for protection from their parents who were against their homosexual relationship.

Justice Anand Venkatesh shared his thoughts on LGBT Community while giving direction in a petition filed by a lesbian couple. He revealed that he belongs to the majority one who had hesitation in accepting same-sex relationship completely and also revealed that he had voluntarily taken counseling with Vidya Dinakaran, a Psychologist, for understanding the subject of homosexuality to pass the correct judgment. He explained that how difficult it was on his part to pass judgment on this as he has never known anyone personally who was in such a relationship or had never experienced personally such relationship and that’s the reason he had taken counseling because it helped him to understand reality and emotions behind such homosexual relationship and made him realize that he to need to change his notion.

He said the present case has given this court, not only an opportunity but also a vested responsibility to weigh by cause for inclusivity and justice against discrimination by the heretofore social understanding of morality and notions of tradition. As he also said, “ignorance is no justification for normalizing any form of discrimination”

In the following petition, the court has also issued guidelines to ensure that the LGBT person is not harassed by police and authorities

  • The police, on compliance regarding girl/women/man missing cases which belong to the LGBT community, shall upon receipt of their statements, close the complaint without subjecting them to any harassment.
  • The Ministry of Social Justice & empowerment must list NGOs along with the address, contact details, and services provided shall be published and revised on the official website. And must be published within 8 weeks from the date of order.
  • If a person belonging to LGBT faces any issue may approach NGOs.
  • The NGOs in consultation with MSJE, must maintain the confidentiality of persons who are approaching
  • The problems relating to LGBT Community shall be addressed with the best-suited method depending upon the facts and circumstances of the case.
  • Changes should be made in existing stay homes to accommodate a member of the LGBT Community who requires shelters.
  • The Union and State Government shall endeavor to device such measures and policies for eliminating prejudice against LGBT Community.
  • And creating awareness, the court suggests sensitization programs.

-Report by Riddhi Dubey