Month: August 2022

Indian Law Society, Pune is organizing a diploma course on corporate laws.

ABOUT

ILS Law College, or in its full name Indian Law Society’s Law College, is a government-aided law school in Pune, India. It was established in 1924 and offers courses that include three-year and five-year degrees. ILS is located on Law College Road, Pune. The college was aided by The Ford Foundation.

ELIGIBILITY

II year onwards, any graduate, professional

COURSE CONTENT

• Fundamentals of Company Law
• Management and control of a Company
• Reconstruction and closure of a company
• Allied laws (overview), Commercial Courts Act, Insolvency & Bankruptcy Code
• Competition Law, SEBI regulations, IP and Cryptocurrency.

CONTACT DETAILS

+91 9922969717

https://ilslaw.edu/events/attendees-form/205823

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Amity Law School’s Law Journal is making a call for papers.

ABOUT

Amity University Madhya Pradesh has been established by the Ritnand Balved Education Foundation (RBEF), New Delhi which is a society registered under the Societies Registration Act, 1860. It was established with the view to promoting professional, industry-oriented education in the state of Madhya Pradesh.

THEME

The ALSG Law Journal welcomes contributions that are original, unpublished, and up to date. The authors are not restricted to any particular area of Law. It is a multidisciplinary interface with Law. Therefore, submissions of an inter-disciplinary/multi-disciplinary nature analyzing contemporary legal issues are encouraged.

SUBMISSION GUIDELINES

• Abstract Word Limit: 200 words
• Co-authorship: Allowed up to 2 authors
• Method of Citation: The ALSG Law Journal follows ‘Harvard Bluebook 20th Edition’ style of referencing.
• Submissions must use only footnotes as a form of citation.
• Speaking or substantive footnotes are highly discouraged.
• The body of the manuscript should be in Times New Roman size 12 with 1.5 line spacing and Justified Alignment. The footnotes should be in Times New Roman size 10 with single line spacing.

SUBMISSION PROCEDURE

1. Submissions: In electronic form to alsgjournal@gmail.com
2. Subject heading: ‘ALSG Law Journal Vol. 2 Submission: <submission category>
3. All manuscripts must be accompanied by a covering letter with the name(s) of the author(s), institution/affiliation, the title of the manuscript and relevant contact information.
4. The last date for submission for ‘Volume 2’ of the Law Journal is 5th August, 2022. Submissions sent after the deadline will not be considered for publication.

https://docs.google.com/forms/d/1kudW8OA6PsF2pgu9151gFtcrDI7ceB6j8X1KlS16XCg/

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School of Law, Sathyabama Institute of Science and Technology is organising ‘Col. Dr. Jeppiaar Memorial 1st Mono Advocacy Competition 2022 in virtual mode on August 25 & 26, 2022.

ABOUT

Sathyabama Institute of Science and Technology (SIST), formerly Sathyabama University, is a deemed-to-be university, situated in Chennai, Tamil Nadu, India. It was founded in 1987 as Sathyabama Engineering College by the late Dr. Jeppiaar.

ELIGIBILITY

The participant shall be a student pursuing any 3-year or 5-year law programme.

Composition

• Each participant will be enrolled as an individual, and not as a team.
• The individual participant will be expected to research both sides during the oral pleadings. Each institution can send only one participant.

REGISTRATION PROCESS

• Institutions are requested to submit the provisional registration form given at the end of this post. 
• Participation will be considered on a first-come-first-serve basis and only the first 16 participants will be provisionally registered.
• The last date for provisional registration is August 10, 2022.
• The provisionally registered institutions will receive an email, signifying the status of their provisional registration for participation on August 10, 2022 upon which the participants are requested to complete their final registration.
• Provisionally registered participants are requested to fill in the Google Form to complete the final registration.
• There is no registration fee.
• The last date for final registration is August 16, 2022.
• Every participant who has successfully completed the Registration requisites under the rules shall be allotted a Unique Participant Code after the closure of the Registration for the competition.
• Once the code is allotted, every participant must use only the participant code for any further communication with the Organizers during the competition.

IMPORTANT DATES

• Provisional registration Deadline: August 10, 2022
• Final registration deadline: August 16, 2022
• Date of the Competition: August 25 to 26, 2022

LINKS

https://drive.google.com/file/d/117fIOC-fhSZK7MfFsc1diLlbbgFYm0wH/view?usp=sharing

CONTACT DETAILS

+91 99403 18218

https://forms.gle/vKduyb1wSdBJajKH6

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VIPS-TC in collaboration with NCW organizing National Seminar on Women Police Station/ Mahila Thana.

ABOUT

Vivekananda Institute of Professional Studies – Technical Campus (hereinafter “VIPS – TC”) is affiliated with Guru Gobind Singh Indraprastha University, Delhi, and was established in the year 2000 with the vision to promote excellence in education and for imparting quality professional education comparable with the best in the world.

THEME

▪ The sociological, historical, and psychological aspects of Crime against women
▪ Behavioral Science, Criminology, Victimology vis-à-vis women
▪ Feminist Responses to Crimes against Women

SUBMISSION GUIDELINES

• Co-authorship is permissible. Each author will pay their registration fee separately.
• The abstract should not exceed 300 words. The maximum word limit of the paper must not exceed 6000 words inclusive of footnotes.
• The paper must be accompanied by a cover letter which shall include the title of the paper, full name(s) of the Author(s), Affiliating Institution, Professional/ Educational Details, Email address and contact details.
• The Paper should be in .doc/.docx formats in Times New Roman font, font size 12 with 1.5 line spacing. All participants must submit a presentation by using MS PowerPoint.
• Footnotes should be in Times New Roman, the font size 10 with 1.0 line spacing. Endnotes are not allowed.
• Alignment -Justified, no page borders, Margin 1 inch on each side.
• The writings must conform to the “Bluebook 20th Edition”.
• All submissions should be original and non-plagiarised work, and should not have been submitted for publication/published elsewhere in any form. Similarity should not be more than 12%.

CONTACT DETAILS

vipsncwseminar@gmail.com

https://forms.gle/HjLbLKooCoarrpVV8

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CASE NUMBER

Crl.A. No 14/2013

CITATION

W.P. (C) 3918/ 2020

BENCH

Justice Pratibha M. Singh

DECIDED ON

12. 04. 2021

RELEVANT ACT/SECTION

Narcotics Drugs and Psychotropic Substances Act, 1985 and Article 21 of the Constitution.

BRIEF FACTS

The petition was filed by the petitioner for the removal of the judgment titled, ‘Custom v Jorawar Singh Mundy’ from the platforms such as Google, Indian Kanoon, and Vlex.in. The case of the petitioner is that the petitioner is of Indian origin but an American citizen. He claims that he is indulged in portfolios of real estate etc. When he came to India, a case under Narcotics Drugs and Psychotropic Substances Act, 1985¹ was made against him. After that, he was acquitted by the trial court under this case. the decision of the trial court resulted in an appeal before the high court. The high court decided to uphold the acquittal of the petitioner.

According to the petitioner’s claims, he or she returned to the country and attended the University of San Diego School of Law to further pursue his or her legal education. After that, he understood that he was at a severe disadvantage because any prospective employer looking to check his record before hiring him might easily find the court’s verdict by conducting a google search. Despite having a strong academic background, the petitioner claims that he has been unable to find employment that meets his expectations. He attributes this inability to the fact that this judgment is publicly available online.

The petitioner also issued the legal notice to the platforms such as Google India Private Ltd, Google LLC, Indian Kanoon, and vLex.in. The website of vLex.in contended that they have removed the said judgment but it is still available on other platforms. To recognize the petitioner’s Right to Privacy under Article 21 of the Constitution², the prayer in this writ petition is to direct the removal of the abovementioned ruling from all respondent platforms.

ISSUE

Whether a court order can be removed from the online platforms?

DECISION

The court held that the charges brought against the petitioner were dismissed from the case. Despite having been ultimately found not guilty in the case by the aforementioned judgment, this Court believes that the petitioner is still entitled to some interim protection while the legal issues are still pending adjudication by this Court because of the irreparable harm that may be done to his social life, career prospects, and legal standing.

The court directed the respondent no. 2 and 3 to remove the judgment titled, ‘Custom v. Jorawar Singh Mundy’ from their search results. Whereas, Indiankanoon was directed to block the said judgment from being retrieved by using search engines such as Google, Yahoo, till the date of the next hearing.

CONCLUSION

A person’s life will be as bad as hell if information about their criminal history or any occurrence that would have caused the public to have a bad opinion of them is made public. He or she will be imprisoned in their former lives. India has experienced rapid development in recent years. This development occurred on top of the nation’s digital technologies roots. The internet and smartphones have integrated seamlessly into our daily lives. Additionally, courts are now acknowledging that Article 21 covers access to the internet. Some of us would prefer to move on from our pasts and forget about them. The issue emerges when a person’s past mistakes chain him and causes him to make the same mistakes over and over again.

The Right to be forgotten aims to provide assistance in this issue. The scope of the Right to be forgotten should be expanded and must include removing everything that is “irrelevant, erroneous, or inadequate.” It should not be limited to “sensitive personal data.” In this instance, the petitioner’s attorney has highlighted the fact that, in the absence of supporting legislation, the public is likely to disagree with the petitioner’s request and support the right to privacy and freedom of expression. According to Akshat Bajpai, a lawyer for one of the petitioners, big multinational corporations operate differently in Europe than they do in India when it comes to following the law. It is essential to secure someone’s privacy given how quickly technology is developing. The right to be forgotten ensures that an individual’s privacy will be protected and supports their right to free speech. The establishment of such a right in India will assist the populace in managing their “digital footprint” and address the problem of data security and misuse that has recently emerged.

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REFERENCES

1. The Narcotics Drugs and Psychotropic Substance Act, 1985.
2. The constitution of India, 1950, Art. 21

This article is written by Prerna Pahwa, a student at Vivekananda Institute of Professional Studies, New Delhi.

OVERVIEW

All facets of road transport vehicles are governed under the Motor Vehicles Act¹, an Act of the Indian Parliament. The Act details the legislative requirements for driver and conductor license, vehicle registration, permit-based motor vehicle control, special provisions for state transportation undertakings, traffic law, insurance, liability, offenses, penalties, etc. The Central Motor Vehicles Rules2 was created in 1989 by the Indian government to implement the legislative provisions of the Act. The Motor Vehicle (Fifth Amendment) Act of 2022 implemented the most recent of the Act’s five amendments, which have been made since it went into effect in 1988.

Sections 50 to 57, including Section 93 of the Motor Vehicle (Amendment) Act, 2019 were notified by the Central Government. Insurance of motor vehicles against third-party risks, that were covered under Chapter IX of the Motor Vehicle Act, 1988 has been replaced by Section 51 to 57 of the Motor vehicle (Amendment) Act, 2019. Similar amendments have also been made regarding the filing of claims before the motor accident claims tribunal under sections 163, 166, 168, and 169 of the Motor Vehicles Act 1988. The second schedule of the Motor Vehicle Act, 1988 under Section 163A, which provided for the structural formula for non-fault basis compensation has also been omitted, by Section 93 of the Motor Vehicle (Amendment) Act, 2019.

AMENDMENTS MADE TO THE ACT

• Omissions under Chapter X of the Motor Vehicle Act, 1988- Provisions of interim compensation, that came under no-fault liability, i.e., Sections 140 to 144, are omitted and no other interim compensation has been made available in the motor accident claims.
• Replacement of Chapter XI- Insurance provisions for Motor Vehicles relating to third party risks, i.e., Sections 145 to 164, were replaced with new provisions as under Section 145 to 164D.

NEW PROVISIONS MADE UNDER THE REPLACEMENT OF CHAPTER XI

• Section 149 (1) Designated Officer to be appointed by the Insurance firm within 10 days of an accident- A designated officer shall be appointed within 10 days upon receiving accident information by the insurance firm. The accident information shall be received through an Accident Information Report or by the claimant himself. All claims relating to any such accidents would be settled by the designated officer.
• Section 149 (2) Insurance firm’s settlement offer- As per rules prescribed under the Central Motor Vehicles Rules, the Designated Officer is responsible for making a settlement offer on behalf of the insurance firm within 30 days.
• Section 149 (3) (a) Award of Consent by Claims Tribunal- The Claims Tribunal will pass an award based on the recorded settlement, enforcing the insurance firm to make complete payment of the claim within 30 days of the recording of settlement, if the claimant accepts the offer made by the Designated Officer.
• Section 149 (3) (b) Rejection of Settlement Offer by Claimant- The Claims Tribunal, shall amend the date of hearing, upon a rejection of the settlement offer by the claimant, and shall adjudicate the claims upon merits.
• Section 150 – Satisfaction of Award or Judgement against persons insured under third party risks is the responsibility of the Insuring firm- Irrespective of the fact whether the insurer could avoid, cancel, or may have avoided and canceled the policy in the past, the insurance firm would still be responsible for the payment of the compensation. The insurance premium paid by cheques that were dishonored has become a strong defense for insurance firms, and they may claim that policy’s premium was not received by the firm. Under Section 185, driving under influence has also been added as a defense to be used by Insurance firms.
• Section 156 – Insurance firm cannot refuse a claim after the death of the insured in an accident- Under this new provision, if an insured person dies in an accident, the insurance firm cannot withhold or refuse to give a Motor Accident Claim.
• Section 158 (1) All documents relating to vehicle’s use shall be duly presented by the driver- All documents like the driver’s license, fitness certificate, insurance certificate, vehicle registration, and so on should be presented to the Police Officer by the driver of the vehicle.
• Section 158 (2) All documents relating to the accident to be produced are the owner’s responsibility- All documents as mentioned above, if not presented by the vehicle’s driver, it is hence the owner’s responsibility to present documents to a police officer.
• Section 159 – Accident Information Report to be filed at the Claims Tribunal within three months by the Police Officers- As per the new provisions, the responsibility to file the Accident Information Report within three months of the accident lies with the police officers.
• Section 160 – Furnishing particulars of accidental vehicles to the claimants is the responsibility of the Police Officers and Registering Authority- Upon the payment of all fees prescribed, it is the duty of the Police Officers and Registering Authority to provide information about the accident to the claimant.
• Section 161 – Increase in Hit and Run Compensation- According to the new provisions, the compensation for hit and run claims has been increased from INR 25,000/- to INR 2,00,000/- in cases of death of the claimant, and from INR 25,000/-to INR 50,000/- in cases of injury.
• Section 162 – Golden Hour Scheme– Section 2 (12A) defines Golden Hour as the period of one hour after suffering a life-threatening injury during an accident, during which death is prevented by providing immediate medical care. This provision ensures that the Insurance firms provide cashless treatment of victims of road accidents during the Golden Hour period.
• Section 164 – No-Fault Liability related compensations– Structured formula for no-fault liability compensation, which was provided under Section 163A in the second schedule of the Motor Vehicle Act, 1988, is omitted under Section 93 of the Motor Vehicle Act, 2019. The claimant of such compensations under section 164, cannot claim compensation under Section 166 of the Motor Vehicle Act. The monetary compensation for such claims stands at INR 5,00,000/- in case of claimant’s demise and INR 2,50,000/- in case of life-threatening injury, without proving the driver’s negligence.
• Section 164 (A) Scheme-making powers to grant interim relief- The Central Government shall possess the power to make schemes to grant interim relief to claimants, under Section 164 (A).
• Section 164 (B) Funds for Motor Vehicle Accidents- The central government has the power to form a separate fund for Motor Vehicle Accidents to facilitate mandatory insurance to cover all the roads in the country. The fund may be put in use to provide medical treatment for injured persons in a road accident and in the case of a hit and run the fund is used to reimburse the next of kin of the dead or to the person who suffered life-threatening injuries. The central government can pay compensations to persons out of this fund under Section 164 (B). Rules can be put in place to whom compensation can be paid under section 164 (C)(2)(W). The central government has the authority to decide the maximum amount of liability to be paid to a person under Section 164 (3)(D).
• Section 164C – Rule Making Power of Central Government- The central government can put regulations in place to undertake the provisions of Chapter XI through Section 164C, including the form of Accident Information Report, submitting claims to the tribunal in which manner and time, regulations of making compensatory payments under Section 164(1). Through Section 164A (2), it can recover funds for the scheme and may credit the income source into the Fund for Motor Vehicle Accidents under Section 164B (1).
• Section 166(3) Compensation making limitations- Through this provision, a six-month period of limitation has been introduced since the accident occurred, to apply for the filing of compensation. No period of limitation existed before this provision was introduced.
• Section 166(5) After the demise of the injured, the legal representatives are permitted to continue the claim– The legal representatives of the diseased who was previously injured, are allowed to continue the claim after the demise of the injured, only if the death is related to or has some connection with the injury.
• Section 173(2) If the award of claims is less than INR 1,00,000/ no appeals are permitted- Under this provision, if in a dispute the award of claims is less than INR 1,00,000/-, then there shall be no appeals permitted against the Claim Tribunal’s award as under Section 173(2).

CENTRAL MOTOR VEHICLES (FIFTH AMENDMENT) RULES, 2022

The Central Motor vehicles (Fifth Amendment) Rules, 2022 provide for procedures to investigate and adjudicate Motor Vehicle Claims. These rules came into force on 1^st April, 2022 and regulated the timeframe to complete all investigations and adjudication within six months to one year. All the claimants shall receive their claims within one year of the accident due to this provision. Following are the rules that were formed by the Delhi High Court in the case of Rajesh Tyagi v. Jaibir Singh³ for the speedy settlement of motor vehicle accident claims-

• Form – I i.e., the First Accident Report shall be filed at the Motor Accident Claim Tribunal by the Police Officers within 48 hours of the accident.
• The victims should be made aware of their rights by the police officers within 10 days of the accident under Form II.
• Within 30 days of the accident, the driver of the offending vehicle should submit driver’s Form III to the police officers.
• Within 30 days of the accident, the driver owner of the offending vehicle should submit owner’s Form IV to the police officers.
• Upon the verification of the owner and driver’s forms, the police officers must submit an Interim Accident Report to the Motor Vehicle Accident Claims Tribunal within 50 days of the accident.
• Within 60 days of the accident, the victim must submit the victim’s form VI and VI(A) to the police.
• Within 90 days from the accident, the police must submit the Detailed Accident Report Form VII to the Motor Vehicle Accident Claims Tribunal.
• Within 30 days of the receipt of the Detailed Accident Report, the insurance firm shall verify the victim’s form VI and is then required to submit its findings and offer of settlement before the Motor Vehicle Accident Claims Tribunal.
• The Claims Tribunal will pass a Consent Award within 6 months of the accident, if the insurance firm accepts the liability and submits a fair claim offer.
• If the amount offered by the insurance firm is not fair and is not accepted by the claimant, the Claims Tribunal shall allow arguments from both sides with respect to the compensation quantum and pass an award within 9 months of the accident.
• The Claims Tribunal shall conduct an inquiry that would be completed after 12 months of the accident if the Insurance firm disputed the liability.

CONCLUSION

Hence, with the new provisions in place we get to know that the central government has taken up the responsibility to ensure that the vehicles on the Indian roads are insured, and the centre may allocate funds to individuals for the reimbursement of damages suffered by victims of hit and run cases, using the Motor Vehicle Accident Fund. We can also see that steps have been taken to increase the compensatory amounts in case of injury and deaths, the reason behind which may be to facilitate the legal representatives and the next of kin in much better ways. We can also infer that in case of long-lasting disputes, the central government can provide interim relief to victims. Therefore, we can conclude by inferring that the new amendments that have been brought into place have been done so to better facilitate the motor vehicle damage claims, the results of which have started to be seen already.

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CITATIONS

1. The Motor Vehicles Act 1988, available at https://legislative.gov.in/sites/default/files/A1988-59.pdf
2. Central Motor Vehicle Rules 1989, available at https://morth.nic.in/central-motor-vehicles-rules-1989-1
3. Rajesh Tyagi v. Jasbir Singh, IV (2010) ACC 859.

This article is written by Namay Khanna, is a 3^rd year BBA LLB (Hons.) student at Symbiosis Law School, Pune.

About the Responsibilities  

For the position of Legal Associate, Shikha Sarin (Advocate-on-Record, Supreme Court of India) is accepting applications. Ma’am primarily practises law in the Honourable Supreme Court of India as an AoR.

Location

Delhi South (Offline mode). A personal interview will be conducted by Ma’am before selection is made.

Salary

As per industry standards

Eligibility

• Applicants who are familiar with the operations of the Hon. Supreme Court of India will be given advantage. The applicant must at least have 1-2 years of PQE.

How to Apply?

Interested candidates may apply from here: – shikha1315@gmail.com “Application for the post of Legal Associate” in the subject & the application must contain a cover letter and your CV

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About the Responsibility  

Two internship positions are open at the office of Justice J.R. Midha, a retired judge from the Delhi High Court, and applications are being accepted.

Location

C-55, 2nd Floor, East of Kailash, New Delhi – 110065

Openings

2

Time Period

4 – 6 weeks starting from August, 2022.

How to Apply?

Interested candidates may apply from here: – CVs along with a sample of work done (Research Paper/ Case Brief/ Pleadings Drafted or work upon) in the previous internship at akshaychowdhary.adv@gmail.com.

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About the Organization

Nipun Saxena is a Supreme Court of India practising attorney who also litigates cases in other High Courts across the country. He frequently works before tribunals and quasi-judicial bodies, such as the National Consumer Redressal Commission, the Telecom Dispute Settlement Tribunal, tax tribunals, company law courts and tribunals, the Tribunal for Money Laundering, and the National Green Tribunal, to name a few.

About the Responsibilities  

For an internship, Nipun Saxena is accepting applications. Physical presence is required for the internship.

Openings

4

Time Period

01.09.2022 to 01.11.2022

Eligibility

• Students enthusiastic in litigation who are at least in their third year of law school for a 5-year integrated course or in their second year of a 3-year LLB programme meet the eligibility requirements.

Deadline for Applying

August 8, 2022 by 12.00 PM

How to Apply?

Interested candidates may apply from here: – somya.saxena1306@gmail.com

Your CV, a written assignment or draught, and a personal interview will be the ground for a three-phase evaluation.

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About the Advocate

The competent leadership of Advocate Ravi Gakhar led to the establishment of the Ravi Gakhar Law Office. He has a broad range of knowledge and experience, particularly in the areas of criminal law, constitutional law, and labour and employment law.

About the Responsibilities  

Applications are being accepted for the 2022 August Internship Program at the Ravi Gakhar Law Office.

As an intern you are required to: –

• The chosen candidates will have the chance to experience a variety of criminal, labour, and service matters during this internship. Additionally, Office will assist the interns in enhancing their writing, communication, and other abilities in order to prepare them for a distinguished legal career.

How to Apply?

Interested candidates may apply from here: –

https://docs.google.com/forms/d/e/1FAIpQLScxeuCv0gNzWGjtNYk5ZtHI3e5EG33k0YiqlNhyUyMdyCrv0w/viewform

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