Month: June 2021

Case Law Analysis: P. Anand Gajapathi Raju & Ors. v. P.V.G Raju

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Case Number

Civil Appeal No. 5251 of 1993

Equivalent Citations

(2000) 4 SCC 539

Bench

D.P. Wadhwa, Ruma Pal

Date of Judgment

March 28, 2000

Relevant Act/ Sections

Section 7 of Arbitration and Conciliation Act 1996

Section 2(e) of Arbitration and Conciliation Act 1996

Section 8(1) & 8(2) of Arbitration and Conciliation Act 1996

Section 2(e) of Arbitration Act, 1940

Facts of the Case:

During the pendency of this appeal, all the parties have entered into an arbitration agreement. The arbitration agreement covers all the disputes between the parties in the proceedings before the court and even more than that. They have agreed to refer their disputes in this appeal and others to Justice S. Ranganathan, a retired Judge of this Court as sole Arbitrator. The arbitration agreement is in the form of an application and has been signed by all the parties, The agreement meets the requirements of Section 7 of the Arbitration and Conciliation Act, 1996 (new Act).

Relevant Legal Provision:

Section 8 of the New Act lays down the conditions which are required to be satisfied for referring a suit to arbitration. The relevant parts of the law are reproduced below: – 

“8(1). A judicial authority before which an action is brought in a matter which is the subject of an arbitration agreement, shall if a party so applies not later than when submitting his first statement on the substance of the dispute, refer the parties to arbitration.

(1) The application referred to in sub-section (1) shall not be entertained unless it is accompanied by the original arbitration agreement or a duly certified copy thereof.

(2) Notwithstanding that an application has been made under sub-section (1) and that the issue is pending before the judicial authority, and arbitration may be commenced or continued and an arbitral award made.”

Issues before the Court:

  1. Whether this Court in appeal can refer the parties to arbitration under the Arbitration and Conciliation Act, 1996.
  2. Whether the Court is, in circumstances where the entire subject matter of the suit is considered in the arbitration agreement, obliged to refer the parties to arbitration and if so with what effect.

Ratio of the Case

  •  Section 5, which is contained in Part I of the new Act, defines the extent of judicial intervention in arbitration proceedings. It says that notwithstanding anything contained in any other law for the time being in force, in matters governed by Part I, no judicial authority shall intervene except where so provided in that Part. 
  • Section 5 brings out clearly the object of the new Act, namely, that of encouraging resolution of disputes expeditiously and less expensively and when there is an arbitration agreement, the Courts intervention should be minimal.
  • The conditions which are required to be satisfied under sub-section (1) and (2) of Section 8 before the Court can exercise its powers are: 
    • (1) there is an arbitration agreement; 
    • (2) a party to the agreement brings an action in the Court against the other party; 
    • (3) subject matter of the action is the same as the subject matter of the arbitration agreement; 
    • (4) the other party moves the Court for referring the parties to arbitration before it submits its first statement on the substance of the dispute.
  • The last provision (4) creates a right in the person bringing the action to have the dispute adjudicated by the Court, once the other party has submitted his first statement of defense. But if the party, who wants the matter to be referred to arbitration applies to the Court after submission of his statement and the party who has brought the action does not object, as is the case before us, there is no bar on the Court referring the parties to the arbitration.
  • In the matter before us, the arbitration agreement covers all the disputes between the parties in the proceedings before us and even more than that.
  • The arbitration agreement satisfies the requirements of Section 7 of the new Act. The language of Section 8 is peremptory. It is, therefore, obligatory for the Court to refer the parties to arbitration in terms of their arbitration agreement.
  • There is no question of stay of the proceedings till the arbitration proceedings conclude and the Award becomes final in terms of the provisions of the new Act.
  • All the rights, obligations, and remedies of the parties would now be governed by the new Act including the right to challenge the Award.
  • An application before a Court under Section 8 merely brings to the Courts notice that the subject matter of the action before it is the subject matter of an arbitration agreement.

Final Decision:

The Court allows the application and would refer the parties to the arbitration. No further orders are required in this appeal and it stands disposed of accordingly.

This case analysis is done by Prateek Chandgothia, a first-year BA LLB (Hons.) students at Rajiv Gandhi National University of Law, Punjab.

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Case Analysis: Peninsular and Oriental Steam Navigation Company v. Secretary of State for India

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Name of the case

Peninsular and Oriental Steam Navigation Company v. Secretary of State for India.

Equivalent Citation

(1861) 5 Bom. H.C.R. App. I,p.1

Bench

Peacock C.J, Jackson J, Wells J

Relevant Section

Section 65 of the Government of India Act, 1858  

Relevant Act

Government of India Act, 1858.

Facts of the Case

In the course of their employment, a servant of the plaintiff Company was travelling from Garden Beach in Calcutta in an exceeding carriage pulled by a pair of horses belonging to the plaintiff and driven by the coachman. While the bus was travelling by Kidderpore Dockyard, which may be a government dockyard overseen by the Superintendent of Marine, certain government employees were riveting a piece of iron funnel casing. It weighed around 300 kilogrammes, was eight or nine feet long, and stood about two feet tall. The lads carrying the cargo walked along the centre of the road. The coachman issued a warning to the youngsters carrying the iron. The lads sought to induce their way out of the way, those ahead trying to go to one side, and those behind attempted to travel to the opposite side. As a result of this, you lost time, which caused the carriage to stop for them, even though they had left the centre of the road.

They were startled by the carriage’s proximity and abruptly dropped the iron and ran. The iron landed with a respectable clap, which roused the aggrieved party’s ponies, who rushed forward savagely and fell on the iron, injuring at least one pony. The action was launched by the injured party Company to recuperate Rs. 350/ – due to the injury, and the lawsuit against the Secretary of State was afterwards brought on the basis that a government worker concluded the irresponsible exhibition.

Issues Before the Court

  • Whether or not the Company’s actions fall inside the purview of the State’s sovereign powers?
  • What was the East India Company’s overall risk for the complicated demonstrations of its personnel submitted in the course of their work?
  • Whether the Secretary of State was liable for the damage caused by the government’s carelessness. servants, supposing they were guilty of such carelessness?

Ratio Decidendi

  • Where a protest is carried out in the exercise of sovereign forces, there will be opposition, and no activity will take place. However, because the East India Company had a twofold restriction and were at once truly trading for their own and were that preoccupied with trades halfway for state requirements and partly for their own, they may be held liable for the unfair demonstration of any of their employees if such conduct occurred during the course of an exchange unrelated to the exercise of sovereign powers.
  • Given the facts of this case, the workers employed by the government at the dockyard were not performing any activity within the scope of sovereign forces, but the demonstration was the culmination of an endeavor that could be carried out by a non-open individual without having sovereign forces assigned to him, to which the archipelago Company would be obligated. As a result, the Secretary of State for India was also to blame for the reckless demonstrations of its personnel.
  • Mishaps like these, when caused by the negligence of government employees, the Malay Archipelago Company, would be susceptible, and a similar risk is attached to the Secretary of State.

Judgment

The plaintiffs contend that the Secretary of State was given the benefit of the doubt. Furthermore, the East India Company was not the sovereign, although having some royal powers granted to them, and hence could not claim immunity in every instance.

This article is written by Mudit Jain, pursuing B.B.A.LL.B.(H) from the Indore Institute of Law.

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Relationship between International Law and Municipal Law

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What is International Law? 

We can define international laws in many possible ways such as: –

• OPPENHEIM defines international law as “the body of customary and conventional rules that are considered legally binding by polite states in their relationships with one another, within a society, and which shall be enforced by external power by mutual consent of the community.”

• J.G. Starke described international law as “that body of law constituted for most of the principles and rules of conduct which governments feel compelled to observe, and hence do generally observe in their relations with one another.”

• “The legal system governing the communication between nations; more modern, the Law of International Affairs, embracing not only nations but also such actors as International organizations and individuals,” according to Black’s Law Dictionary.

Thus, International Law is a body of rules and principles which regulate the conduct and relations of the members of the international community

What is Municipal Law?

•Municipal Law is the state domestic or domestic law of a sovereign state defined in opposition to international law.

•Municipal law involves many stages of law, not only state law but also local, territorial, regional, or local law.

•Municipal law is the law specific to a specific city or country and the government bodies within those cities or countries.

Thus, Municipal Law is the acts made by the legislature or the Legislative authority of a state, applicable to that state alone.

Difference between Municipal and International Law?

International Law is largely but not altogether concerned with the relation among states. Whereas Municipal Law controls relations between people within a state and between individuals and the state. International Law, on the other hand, controls relations between the member States of the Family of Nations. Municipal Law controls relations between the individuals under the influence of the respective State and the relations between this State and the respective individuals. Law of Nations is a Law not above, but between the Sovereign States. Whereas Municipal Law is a Law of a Sovereign over individuals exposed to his way.  

Relationship Between International and Municipal Law 

Theories

1. Monism

2. Dualism

3. Specific Adoption Theory

4.Transformation Theory

5.Delegation Theory

Dualism

This idea, known as dualism, emphasizes that the laws of international and local law systems exist independently and cannot be said to affect or govern one another. According to this theory, international and domestic law are two distinct bodies of law that operate independently of one another. Under dualism, international law norms and principles cannot directly impact individual rights and duties; instead, they must be transformed or incorporated into domestic law before they can affect individual rights and obligations. International law and municipal law exist, according to dualist theory, but their functioning is vastly different. International law cannot interfere with municipal laws, according to the dualist perspective, if international law rules are not incorporated into municipal laws. The transformation concept is an important aspect of the dualist approach, which states that if international law is turned into national law, municipal law takes precedence. The adoption doctrine is a broader thesis of the dualist approach, according to which international law cannot impose rights on municipal laws unless the rules are acknowledged as inclusive in domestic laws, resulting in an obligation to observe such international rules.

Monism

The monist stance is an outgrowth of Kantian philosophy, which advocates for a unitary view according to this viewpoint because states’ capacities are derived from the concept of law, the law grants them the authority to exercise such capacities. As a result, the law to which jurisdictional reference must be made is separate from sovereignty and determines its boundaries. When a state crosses the line, its actions are null and void. This argument is reasonable since it results in international law having a considerably broader and more fundamental jurisdiction than municipal law. However, it tends to ignore the dualist’s point, namely, that a municipal court may be instructed to apply municipal law rather than international law, and thus has no jurisdiction (using the term as a descriptive term for the capacity to decide a case in municipal law) to declare the relevant municipal law invalid.  

As a result, describing the jurisdictional excess as “invalid” or even “illegal” (if there is any distinction between the terms) has no intrinsic meaning inside the acting State’s municipal law. To this point, the monist has just one response: that this conflict of tasks was improperly resolved due to a flaw in the organization.

Delegation Theory

This theory says that the rules of international law identified as “Constitutional rules of international/treaties” delegate a right to each state constitution, allowing each state to

 decide or determine for itself how and when the provisions of an international treaty or convention are to come into force, and in what manner they are to be implemented or embodied into the State of Law

COUNTRIES

U. S.

Apart from the requirement to consider the Constitution, the American view on the link between municipal law and customary international law appears to be very similar to British practice. As a general concept, it is, of course correct that the United States has a fundamental national interest in complying with international law,’ the US Supreme Court stated in Boos v. Barry. The Constitution, on the other hand, applied to international law. As in the United State, an early endorsement of the incorporation doctrine was eventually amended. International law is part of our law, according to the Paquet Habana case, and it must be established and administered by courts of appropriate authority as often as problems of right relying on it are duly filed for judgment. The current consensus is that customary international law in the United States is federal law and that the federal courts’ decisions are binding on state courts. The doctrine of precedent and the requirement to act following previously decided cases bind US courts, and they, too, must apply the statute against any norms of customary international law that conflict with it. In the Commission of United States Citizens Living in Nicaragua v. Reagan case, the Court of Appeals reiterated that an act of Congress might be challenged because it breaches customary international law. It has been emphasized that the US legislative and judicial branches have the authority to disregard international law when doing so is authorized by a statute or a “controlling executive act.” This, like the wider relationship between custom and conflicting pre-existing statutes, has sparked a lot of debate. However, it is now widely understood that statutes replace older treaties or international law customary principles.

China

Despite the growing interest in Chinese studies in the United States, little, if any, emphasis has been dedicated to the study of Communist China’s international law perspective. Some may believe that, as a socialist country, Communist China cannot do anything except follow the Soviet understanding of international law or that of socialist countries in general. This viewpoint may contain some truth, but it does not reveal the entire picture. Communist China accepts many of the principles of international law promulgated or applied by the Soviet Union or Soviet jurists but given the growing divergences in viewpoints between the two countries in dealing with many international issues and conducting the international Communist movement, it is reasonable to conclude that Communist China and the Soviet Union have developed differing perspectives on international law. In this regard, Wu T6Feng, a prominent Communist Chinese jurist and President of the China Political Science and Law Association, recently published a study in which he harshly condemned the Soviet understanding of international law.

India

Articles 51, 73, 245& 246 of the Indian Constitution have dealt with “international laws” and “treaties,” but clause “c” of Article 51 specifically mentions “International law” and “treaty obligation,” but art. 51 does not provide any clear guidance regarding the position of international laws in India or the relationship between municipal laws and international law, but Prof. C.H. If international law does not clash with any legislative action, it is incorporated into municipal laws in India. The enactment or provision of the constitution. Indian courts can use international law if it is not in contradiction with domestic law. The Indian constitution’s “dualistic” doctrine allows foreign laws to be incorporated into local law. International treaties are not immediately incorporated into Indian law. To be incorporated into the legal system, an act of parliament must be passed. The court will first look at local legislation, and if the municipal legislation is silent on an issue, the court will turn to Customary International for help; the SC has done this before, and the court did the same thing in the case of Jolly George Varghese and an. V. The Bank OF Cochin.

U. K. 

The United Kingdom’s public policy is that courts should, in general, give regard to recognised international law standards. Various hypotheses have been proposed to explain why international law laws are applicable within the jurisdiction. The doctrine of transformation is one manifestation of the positivist dualist perspective. This is based on the 9 perceptions of two distinct systems of law that operate independently, and maintains that before any rule or principle of international law can have any effect within the domestic jurisdiction, it must be expressly and specifically “transformed” into municipal law using the appropriate constitutional machinery, such as the Constitutional Court as an act of Parliament, Another viewpoint, known as the doctrine of incorporation, says that foreign law instantly becomes part of municipal law without the need for a constitutional ratification mechanism. The most famous proponent of this theory is the eighteenth-century lawyer Blackstone, who wrote in his Commentaries that “the law of nations, wherever any question arises which is properly the subject of its jurisdiction, is here adopted in its full extent by the common law, and it is held to be a part of the law of the land.”

Conclusion

To explore the relationship between domestic and international law, there are primarily two   theories: monistic and dualistic. Monistic theory is based on natural law, which claims that    both domestic and international law are the same law, with no need for division. However, according to the dualistic approach, which is founded on positive law, domestic and international law are distinct entities. Unless the nation-state agrees to do so, it is not required to observe international law. Even though both theories have a position in international law, just a few countries in the world adhere to pure dualism or monism. When it is in their interests, countries follow international law favour and do not follow when it is not. This is what we can see in the international situation.

This article is written by Shrey Hasija  student at Vivekananda Institute of Professional Studies, GGSIPU.

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Job Opportunity: Associate at Vaish Associates Advocate: Apply Now!

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New Delhi office is on the lookout for Lawyers with 2/3 years PQE in Corporate matters with a reputed law firm. The incumbents would be expected to be team players from a good law school having a good academic record with good drafting and oral communication skills.

Designation: Associate
Team: General Corporate

Education and Experience:

1 – Essential Requirement: Law graduate from a premier Law School.
2 – Non-essential Requirement: A qualified Company Secretary from the Institute of Company Secretaries of India is desirable, but not a pre-requisite.
3 – Experience: Should have PQE of 2 to 3 years with a reputed corporate law firm.

Essential Functions and Responsibilities:

1 – Drafting opinions on legal matters, including under SEBI and Corporate Laws, Foreign Exchange Management Act, 1999, labour laws etc.;
2 – Conducting legal due diligence and preparation of relevant reports;
3 – Drafting and vetting of agreements which inter alia include, share purchase agreements, share subscription agreements, shareholders agreements, business transfer agreements, asset purchase agreements, joint venture agreement, employment contracts, consultants contracts, distributorship agreements, NDA etc.;
4 – Attending negotiation meetings/conferences with seniors and revising the agreements based on the discussion;
5 – Conducting comprehensive legal research and analysis;
6 – General legal/transactional advisory;
7 – Liaison with governmental/ regulatory authorities/ ministries etc.

Desirous candidates may e-mail their applications to hr@vaishlaw.com (with a subject line: Corporate/Associate/Delhi.

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Call for Papers: NALSAR Student Law Review [NSLR, Volume XVI]: Submit by August 31, 2021

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CALL FOR PAPERS – VOLUME XVI [2022]

The NALSAR Student Law Review (NSLR) is now accepting submissions for its upcoming Volume XVI. NSLR is an annual, double-blind, student-edited, peer-reviewed law review that is the flagship publication of NALSAR University of Law, Hyderabad, India. With a collaborative system of review and publication process, we remain committed to encouraging and enhancing the quality of legal scholarship in India.

DEADLINE:

The last date for submission for Volume XVI is 31 August 2021. Submissions sent after the deadline will not be considered for publication in Volume XVI.

SUBMISSION:

Please send your submissions as a .doc or .docx file with the subject title ‘Volume XVI – NSLR Submission’ to email id studentlawreview@nalsar.ac.in. The email should contain the name of the author(s), qualifications, title of the manuscript and contact information. Further, it should indicate which category the paper is intended for. Please do not include any information that could identify the author(s) in the manuscript itself. Additionally, everyone submitting via the email is also requested to fill the form.

https://docs.google.com/forms/d/e/1FAIpQLSdalm7dvS3ZYYWMRTV0AiNXqQPna2dlbolX6JaXWW1zpHPX4Q/viewform

Official Information:

https://nslr.in/wp-content/uploads/2021/06/Submission-Guidelines-for-XVI.pdf

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Sarin-McGill Annual Student Essay Contest on Aircraft Finance & Leasing: Register by June 30, 2021

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Sarin & Co., a leading Indian law firm with a strong speciality in the field of Aircraft Finance & Leasing Law, established this Essay Contest in 2020, with the main objective of promoting the subject of Aircraft Finance & Leasing Law and encouraging student authors to think creatively and beyond the established rules and principles of law, thereby adding a future-leaning dimension and innovative approach to this ever-evolving field of law. Sarin & Co. partnered with McGill University’s Institute of Air & Space Law (the “IASL”) to organise this pioneering event.

After the resounding success of the first edition of the Essay Contest in 2020, Sarin & Co. and the IASL are delighted to announce the Topic for this year’s contest.

Essay Topic:

“Liability of Aircraft Lessors and Financiers under Private International Air Law”

With more than half of commercial aircraft now on lease, and many of the reminder subject to financing, what are, or should be, what should the liability of a lessor or financier be for damage in the air or on the ground caused by an aircraft leased or financed by it to the operator? What steps have been, or could be taken, in this regard, and should there be an integrated approach for damage in the air or on the ground, or should they be distinguished?

Eligibility

Any student of law, enrolled in an undergraduate, graduate or doctoral programme in any law school or legal professional training school worldwide, at the time of submission of the entry, shall be considered eligible.

Official Information:

https://sarinlaw.com/wp-content/uploads/2021/04/Constitution-of-the-Sarin-McGill-Annual-Student-Essay-Contest-on-Aircraft-Finance-Leasing-2021-FINAL.pdf

Prizes

  1. One (1) author shall be adjudged as the winner of the Sarin – McGill Annual Student Essay Contest on Aircraft Finance & Leasing for a particular calendar year.
  2. The winner shall receive a return air ticket (economy class) by Sarin & Co. from his/her country of residence to visit the IASL for a specially organised tour of the IASL and of McGill University.
  3. The winner shall be provided by the IASL with accommodation for two nights along with meals.
  4. The winning essay shall be published in the official academic journal of the IASL, the Annals of Air and Space Law, as well as on the Sarin & Co. website. The winning essay shall contain the title, “Winner of the Sarin – McGill Annual Student Essay Contest on Aircraft Finance & Leasing 2021”.
  5. Where a student of McGill University is adjudged as the winner, he/she shall receive a return air ticket (economy class) by Sarin & Co. from his/her country of residence to visit Sarin & Co. in Chandigarh, India for a specially organised tour of the city of Chandigarh (in such a scenario, Sarin & Co. shall provide the two nights’ accommodation and meals).
  6. The winner of the 2021 contest shall be announced on 1 January 2022. The name of the winner, along with the name of the winner’s law school, shall be displayed on the websites of both Sarin & Co. and the IASL, as well as on their respective social media platforms.
  7. The winner will also receive a complimentary copy of the volume of the Annals of Air and Space Law in which the winning essay is published.

How to Register?

The Constitution of the Essay Contest and Registration Form are available on these links.

The registration form must be signed by the prospective author and a .pdf of the signed form must be submitted to sarin-mcgill[at]sarinlaw.com along with a scanned copy of the author’s current student identity card to establish his/her institutional affiliation and credentials.

The final date for submission of the registration form (along with the student identity card) shall be 30th June 2021.

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7th International Law Moot Court Competition by Karnataka State Law University: Register by June 30, 2021

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The moot court competition shall be held virtually on 24th July 2021 and 25th July 2021. The event will be conducted in online mode through the Zoom platform (a Meeting Link will be shared with the participants one day before the commencement of the competition).

The Organizers shall not be responsible for any Network issues during the Competition. If the participating team get disconnected during the moot sessions due to network issues or otherwise, then 10 minutes of time will be given
for re-login. Even after the same, if the team does not reconnect then other teams will be judged based on its performance.

Eligibility

Undergraduate students pursuing three or five-year courses of LL.B. degree in the academic year 2020-21 from any Law Colleges/Law Universities recognised by the Bar Council of India are eligible to participate in the competition.

How to Register?

Teams are required to complete their registration on or before 30th June 2021. The Registration shall be done by filling this Google form: CLICK HERE TO REGISTER

Team Composition

Each College may send a team consisting of three members (i.e. two speakers and a researcher). This number cannot be modified under any circumstances. Teams shall identify the speakers and researchers at the time of registration through Google form.

No swapping of designation of members shall be allowed except with prior intimation to the organisers. Not more than one team shall be allowed to register and participate in the competition from a College/Institution/University.

Contact Information

For any information or clarification mail to us at ksluintlmoot@gmail.com or call any of the following faculty members:

  • Dr. Sunil N. Bagade, Assistant Professor, Cell No. 8105157284
  • Dr. Rajendrakumar Hittanagi, Assistant Professor, Cell No. 9686150110
  • Mr. I. B. Biradar, Assistant Professor, Cell No. 9742624398
  • Mr. Girishgouda Patil, Assistant Professor, Cell No. 9886298472

Official Brochure:

7th-International-Law-Moot-Court-2021-FinalDownload

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GCRCJS National Essay Writing Competition: Submit by July 30, 2021

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About the GNLU Centre for Criminal Justice Sciences

Recognizing that a comprehensive appreciation of the technicalities, complexities and patterns of criminal law are indispensable for realizing the goals of the law, the University established the Centre for Research in Criminal Justice Sciences, as a centre of excellence to carry on research in the niche area of Criminal Law. The centre provides a platform for a holistic research environment and aims to further knowledge and academic discussions about the multifaceted dimensions of criminal science.

About the Essay Writing Competition

To encourage legal research and writing in the area of Criminal Law, essays are invited from the law students (both UG and PG) of the country on the following themes:

  • Sentencing policies in India: Change is need of hour.
  • Independent police organization in India.
  • Miscarriage of justice: Challenges & remedies.
  • Social Media and Crime

Guidelines for the essay

  • Word limit for the essay is 3500-5000 words.
  • The essay must have a title.
  • It has to be original, unpublished and should not be plagiarised.
  • Co-authorship is not allowed

Submission Guidelines:

Submission should be made to:gcrcjs@gnlu.ac.in with cc to atomar@gnlu.ac.in with subject of the mail being “Submission of Essay”.

There is no registration requirement prior to the submission. The entries require photo proof from students of their association to their law college/university.  The essays will be accepted with a declaration about the originality of work. Apart from the ID Proof and declaration, the Author must mention the following in the body of the mail while submitting the essay:

1.      Name of the Author

2.      Name of the University

3.      Course enrolled in

4.      Current Year of Study (as of 30th July 2021)

5.      Title of the essay

6.      Contact details of the Author

Formatting Guidelines: for body- Times New Roman, size 12, justified, 1.5 line spacing

For Footnotes: Times New Roman, size 10, justified, 1 line spacing

Citation style- 20th edition bluebook.

The essays will be checked through the anti- plagiarism software for screening purpose.

Submission Deadline: 30 July 2021, before 5 PM.

Prizes

First prize: 5000 INR with certificate

Second prize: 2500 INR with certificate.

Third Prize: 1000 INR with certificate

Merit Certificate for top 10 essays.

Every participant will get the certificate of participation (Plagiarised submissions shall be disqualified and hence, no certificate). There is no participation fee.

If the reviewers recommend, the articles will be published in form of a book with a reputed publishing house.

Evaluation Method

The essays will be evaluated /reviewed by external examiners (from other institute than GNLU) through a process of blind review. The decision of the evaluators shall be final and binding.

Contact Details:

Coordinator: Mr. Nihal Deo

Mail id: gcrcjs@gnlu.ac.in

For any query, you may contact us via Email or call/text Nihal on +91-9631222159.

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Internship Opportunity: Mid-Term & Winter Internship Opportunity at the Law Commission of India: Apply Now!

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PROGRAMME FOR INTERNSHIP FOR LL.B./LL.M./RESEARCH STUDENTS

  • The Law Commission of India provides opportunities to law students for assisting the Commission in its legal
    research/law reform projects by holding a Summer (May-June), Winter (November-December) and Mid-Term
    Internship Programme.
  • The Programme is open for students pursuing studies in Law from recognized Colleges/Law Schools/Universities in
    India.

GUIDELINES OF THE PROGRAMME

  1. Duration of internship programme will be 04 Weeks ordinarily, which may be extended on the intern’s request
    by the Competent Authority for a maximum period of two weeks.
  2. The Law Commission pays no remuneration/expenses.
  3. The interested law students pursuing studies in ( 2nd and 3rd year of three-year and 2nd to 5th year of five-year law degree course only) at any recognized College/Law School/University may send their applications in the enclosed format by 1st April (in case of Summer programme) and by 1st October (in case of Winter programme). For Mid-Term Internship Programme, the application should reach 30 days in advance (intended date for joining the internship).
  4. These applications may be sent either by post/courier or by hand to reach the Assistant Law Officer, Law
    Commission of India, Lok Nayak Bhavan, ‘B’ Wing, 2nd Floor, Khan Market, New Delhi -110003.
    Application received after the cutoff date shall not be considered and no correspondence will be entertained in this
    regard. Incomplete application will not be entertained.
  5. All these applications will be scrutinized and the offer will be sent to the selected students subject to the
    availability of slot and approval of the Competent Authority. Maximum number of slots to be offered to these
    students shall not ordinarily exceed five at any point of time.
  6. The students will have to produce a passport-size photo and a recommendation/no-objection letter from their
    Director or Head of Department, after receiving intimation from this office.
  7. Interns will be required to present a research paper on a selected topic at the end of their study and also undergo
    other studies assigned and prepare notes on it and submit for evaluation and suggestions, if any..
  8. Interns shall maintain absolute secrecy of all the facts and documents which come to their knowledge during the
    period .Interns are also expected to maintain decorum of Law Commission’s office.
  9. A certificate will be issued to the Intern at the end of her/his internship after evaluation of the research paper or
    assessment of the work done.

Application form:

https://lawcommissionofindia.nic.in/iship.pdf

Official Website:

https://lawcommissionofindia.nic.in/

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Incomplete & Defective Gang Charts in UP Resulting in Easy Bail for Accused, Giving Ample Room for Miscarriage of Justice: Allahabad High Court

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The Allahabad High Court has taken the severe word of “half-backed” gang-charts being filed below the UP Gangster Act 1986, which in the end allows alleged gangsters in “effortlessly acquiring bail”, thereby threatening the order of the civil society.

A Single Bench of Justice Rahul Chaturvedi discovered that within side the age of the internet, in which facts of whole international is at one’s fingertips. “The callous and careless technique in getting ready the crowd chart could now no longer best adversely affect the possibilities of crook prosecution towards that individual, who’s harden criminals however the very item of the enactment could additionally pass haywire. The accused could have a clean get entry to of the bails from the regulation courts,” the Bench discovered.

It stated that 35 years have lapsed because of the enactment, but no Rules had been framed below the 1986 Act. Taking gain of this, best an incomplete and 1/2 of sponsored gang-charts are organized through the informants of various bail applications.

The Bench consequently directed the Principal Secretary (Homes), Lucknow, and the Director-General of Police, Lucknow to Start a workout to border-right Rules below the 1986 Act, brand new through thirty-first December 2021. “It is noticeably unstable to allow such individuals to roam around freely within side the open society and the harmless individuals of society stay at the tentacle hooks as long as the stated accused is a loose guy and posing severe hazard to the orderly society. Thus, after making use of the stringent provisions of this Act, State has were given proper to screw such individuals, positioned them in the back of the bars and fasten their ill-gotten money,” the Court discovered.

From here, the Court made two-fold observations:

  • Incomplete and faulty gang chart which does now no longer imply the accused’s entire beyond credentials, giving enough room for miscarriage of justice, resultantly, the accused-applicant tends to be bailed out effortlessly.
  • The regulation is frequently misused and the named accused is mounted with extra crook legal responsibility below the Gangsters Act. The Court deprecated the ‘poisonous’ exercise of including greater fees on the degree of bail, as it can prejudice the lawsuits.

Indeed, in the opinion of the Court, it’s miles a cabbalistic and mysterious scenario in which the candidates on the degree in their bail earlier than this Court is being taken through marvel through the State. This is past the settled tenets of truthful play and equality. No accused will be taken through marvel ” the Bench discovered. It added, “The Court has skilled that that police government has fastened plural numbers of lawsuits below the aforesaid Act, without ready the very last final results from the regulation courts concerning the sooner lawsuits.

The Special Judge(Gangster Act) which can be operational in each Sessions Divisions within side the State also are directed to hurry up the trial and make all vital endeavor to finish the identical inside a year of submission of its fee sheet. The intending below the U.P. Gangster Act will be given precedence over every other trial.

-Report by Manaswa Sharma