Month: March 2023

Debate & Discussions Society of Campus Law Centre, University of Delhi is organizing “Lok Neeti: National Youth Parliament” in collaboration with Cosmo Juris on 6th April 2023.

About the College

The Campus Law Centre, Faculty of Law, University of Delhi, is a legal institution par excellence, representing a heterogeneous and diverse set of values, opinions, and ideas. Established in 1924, CLC provides world-class legal education at a nominal cost.

About Cosmo Juris

Cosmo Juris is an online-driven platform centralized for legal scholars, researchers, and also for enthusiastic minds to enhance instead of the majority-minority their voices and to promote high-quality legal research on different contemporary and legal topics.

About the Event

The Youth Parliament is a recreation of the parliamentary proceedings of legislature and executive, based upon the Indian Parliamentary system. In the Youth Parliament, participants role-play the parliament members and discuss social, legal, geopolitical, and economic issues.

The Topic for the Debate

Data Protection Laws in India: Balancing Privacy, Innovation & National Security

Registration Process

Registration is free and the last date to register is 4th April 2023.
Registration link – https://lokneeti.bss.design/

Date & Location

The event will be held at Campus Law Centre, Faculty of Law, University of Delhi on 6th April 2023.

Rewards

1. Certificates shall be presented to the participants present during the entire event.
2. Certificate of Reward shall be awarded as follows :

• Rank 1:- Best Parliamentarian
• Rank 2:- High Commendation
• Special Mention for Question Hour
• Special Mention for Zero Hour
• Special Mention for Legislative Business
• Special Mention for Statement Presenter

Contact Details

• +91-7876591653 (Purab Sharma)
• +91-798544483 (Shishir Kumar Rai)
• For further queries, email – dds.clc.du@gmail.com

For further details, refer to the brochure

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-Report by Harshit Yadav

This is an appeal filed under Section 173 of the Motor Vehicle Act, 1988 against the award passed by the Presiding Officer, MACT, North West District, Rohini Courts, Delhi in MACT No. 50797/2016. The case involves the death of Naresh due to injuries suffered in a motor vehicular accident that occurred on 08.05.2014 in front of the NDPL office, inside Shiv Vihar Road, Karala road, Delhi. Naresh was driving his engine-fitted rickshaw thela when a Tata Tempo, which was being driven by its driver in a rash and negligent manner, hit the rickshaw thela with great force. Due to the impact, Naresh fell and sustained grievous injuries which resulted in his death. An FIR was registered at PS Kanjhawala. The main issues involved in this appeal are whether the compensation awarded towards “loss of consortium” is justified and proper and whether the compensation awarded towards “loss of love and affection” would be payable or not.

FACTS

The case involves the death of Naresh, who died as a result of injuries suffered in a motor vehicular accident on 08.05.2014. Naresh was driving his engine-fitted rickshaw thela when suddenly a Tata Tempo bearing registration no. HR-46D-0998, which was being driven by its driver in a rash and negligent manner, hit the rickshaw thela of the deceased with great force. Due to the impact, Naresh fell and sustained grievous injuries which resulted in his death. The main issues involved in this appeal are whether the compensation awarded by the learned Tribunal towards “loss of consortium” is justified and proper and whether the compensation awarded towards “loss of love and affection” would be payable or not. The appellant’s counsel argued that the compensation towards the non-pecuniary heads shall be Rs. 70,000/- only in a lump sum and that the rate of interest awarded by the learned Tribunal is on the higher side and should be reduced to 6% per annum. The Tribunal had awarded a sum of Rs. 2,00,000/- towards loss of consortium and Rs. 2,50,000/- towards loss of love and affection to the respondents.

ISSUES RAISED

a) Whether the compensation awarded by the learned Tribunal towards “loss of consortium” is justified and proper?

b) Whether the compensation awarded towards “loss of love and affection” would be payable or not?

CONTENTIONS

The appellant argues that the learned Tribunal has erroneously awarded compensation towards loss of consortium and loss of love and affection. They contend that as per recent judgments and prevailing law, compensation towards loss of love and affection should not have been awarded. Furthermore, the compensation awarded towards the loss of consortium is excessive, and only the widow of the deceased is entitled to such compensation. The appellant also contends that the rate of interest awarded is on the higher side and should be reduced.

The respondent argues that the compensation awarded by the learned Tribunal towards loss of consortium and loss of love and affection is justified and proper. They contend that as per settled law, compensation towards loss of consortium should be awarded to all the claimants, including the children of the deceased. Furthermore, compensation towards loss of love and affection is also payable as per recent judgments. The respondent also contends that the rate of interest awarded is appropriate and should not be reduced.

JUDGEMENT

Based on the facts presented, the appeal was filed under Section 173 of the Motor Vehicle Act, 1988 against an award passed by the Presiding Officer, MACT, North West District, Rohini Courts, Delhi in MACT No. 50797/2016. The appeal sought to challenge the compensation awarded towards “loss of consortium” and “loss of love and affection.”

The accident occurred on May 8, 2014, in front of the NDPL office on Shiv Vihar Road, Karala road, Delhi, where the deceased was driving his engine-fitted rickshaw thela. A Tata Tempo, driven by the offending vehicle’s driver in a rash and negligent manner, hit the rickshaw thela, resulting in the deceased falling and sustaining grievous injuries, leading to his death. An FIR was registered at PS Kanjhawala under sections 279/304A IPC.

After hearing the counsel for the appellant and reviewing the award, the court found that the compensation awarded towards “loss of consortium” was justified and proper, as per the settled law that all claimants are entitled to compensation under this head. However, regarding the compensation awarded towards “loss of love and affection,” the court referred to the judgment of National Insurance Co Ltd. vs. Pranay Sethi & Ors. and reduced the compensation to Rs. 70,000/- only in a lump sum to be payable only to the widow of the deceased. The court also reduced the rate of interest from 9% to 6% per annum.

Therefore, the court dismissed the appeal in part, reduced the compensation awarded towards “loss of love and affection” to Rs. 70,000/- payable only to the widow of the deceased, and reduced the rate of interest to 6% per annum.

READ FULL JUDGEMENT: https://bit.ly/42OTwbY

-Report by Sejal Jethva

In the case of Shiva Kumar v. State of Karnataka, the IPC’s Section 302 was used to punish the offence. A portion of the appeal is upheld.

FACTS

The appellant was a 22-year-old man. He emphasized the appellant’s young wife, young child, and elderly parents. He also has no priors and doesn’t pose a threat to society. Also, he has displayed consistently good behaviour while incarcerated, and he even finished a B.A. degree course while incarcerated. Last but not least, he emphasised that the appellant had served roughly seventeen years and two months of his sentence.

The Indian Criminal Code, 1860 (often referred to as the “IPC”) punishes the appellant for offences that fall within Sections 366, 376, and 302. The penalty for the offence punishable under Section 302 of the IPC is the only issue under dispute. The appellant was given a life sentence of harsh imprisonment by the learned Sessions Judge (Fast Track Court). To contest the verdict and sentence, the appellant chose to appeal to the High Court. The appeal for a longer sentence was preferred by the State Government. By the contested judgment, the High Court dismissed both appeals. This Court merely gave notice of sentences on April 21, 2017.

APPELLANT’S CONTENTION

Knowing the law established by the Constitution Bench of this Court in the case of Union of India v. V. Sriharan alias Murugan & Ors.1, the learned solicitor representing the appellant-accused argued that only the Constitutional Courts, not the Sessions Courts, have the authority to impose a modified sentence. He argued that the Constitutional Courts can only commute an accused person’s death sentence if they also grant a life sentence, whether it be for all eternity or for a set amount of time. The courts have no authority to impose a different punishment if the death penalty is not applied. Additionally, he cited the court’s ruling in Swami Shraddananda alias Murali Manohar Mishra v. State of Karnataka.

RESPONDENT’S CONTENTION

Even though the death penalty has not been imposed, the learned attorney representing the respondent-State contends that the Constitutional Courts are not helpless to impose modified sentences taking into account the seriousness of the offence, the behaviour of the accused, and other pertinent factors. He argued that the Constitutional Courts’ authority to provide a modified sentence could not be curtailed by claiming that they can only do so when the issue is whether to commute a death sentence. He argued that the most severe sentence was considered in this case’s facts by citing the Trial Court and High Court’s rulings. In any event, he argued, by imposing a sentence that would last the remainder of the appellant’s life, the High Court had, after taking into account all the relevant factual circumstances, reiterated the Sessions Court’s position.

JUDGEMENT

1. The facts are such that they will shock any court’s conscience. The deceased woman, who was happily married, worked for a reputable corporation with an office in Bengaluru’s Electronic City. She had to work till late at night or even early in the morning due to the nature of her job. Her transportation was previously provided by the employer in the form of a car. The business used to give staff automobiles to drive on various predetermined routes. The dead departed the workplace that fateful day at 2:00 a.m. in a car provided by the business. She previously rode in a car that travelled Route 131. She was told by the appellant, the driver, that day that the vehicle used for route 131 was not available. She was informed by the appellant that she would have to use his vehicle, which is on Route 405 to get there. Therefore, the deceased sat down in the car that the accused was operating. The deceased’s maternal uncle filed a complaint and claimed that the person was missing. Finally, at the appellant’s request, her deceased body was found. The deceased’s clothing, shoes, and other personal effects were discovered close to the body. The charge of both the offence under Section 366 of the IPC and the offence under Section 376 of the IPC was successfully established by the prosecution. Additionally, the appellant-accused was found guilty of the crime under Section 302. The victim, who was 28 years old, had his life brutally taken from him.

2. In light of this, we change the Trial Court’s original sentence for the offence covered by Section 302 of the IPC. We order that the appellant be sentenced to life in prison. Additionally, we order that the appellant not be freed until he has served his full 30-year sentence. The appeal is partially upheld to the extent stated above.

READ FULL JUDGEMENT: https://bit.ly/3TX7kwV

Vandana Shah and Associates is looking to hire senior lawyers in Mumbai.

About the Advocate

Vandana is famous and among the top female divorce lawyers based out of Mumbai and Pune. She is also an author, columnist​ and Social Entrepreneur on whom the BBC has made a documentary ‘Invisible Women of India’ which was broadcast worldwide on International Women’s Day. She is also the author of the bestseller ‘Ex Files’, The Story of my divorce-published by Penguin under the Shobhaa De imprint, which has been launched by the Hon’ble Attorney General of India Mr Mukul Rohatgi and the Hon’ble Chief Justice of Mumbai High Court. It has been endorsed by Lord Meghnad Desai, and PadmaVibhushan Sonal Mansingh and it looks at divorce through a humorous lens.

Positions

Three

PQE

10+ Years

Location

Mumbai

Qualification

LLB

Job Description

• Senior lawyers with experience in family court, criminal matters and public interest litigation cases;
• Must have conducted trials also;
• Good communication skills;
• Excellent command of English and Marathi;
• Good drafting skills and the ability to appear before a court and present matters before the judge;
• Preferably residing in western suburbs.

Remuneration

Rs. 6,00,000 lakhs per annum.

Application Procedure

Interested candidates can send their resumes to 360degreesbacktolife@gmail.com

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About the Organization

Śāsttra Legal is a leading boutique full-service law firm based in New Delhi. The Firm was founded in 2012 by two eminent lawyers from diverse fields- Mr. Saurabh Kalia and Mr. Sameer Chaudhary, who have a combined legal experience of more than 20 years in dispute resolution and corporate & commercial advisory.

Job Title

Associate

Location

Mathura Road, Delhi

Work Experience

0-1 year preferably in Corporate and Commercial Litigation

Salary

As per industry standards

Application Procedure

Interested candidates, please share your CV at rahul@sastralegal.com and Info@sastralegal.com

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About the Organization

MDP & Partners was founded in 1973 by M. Dhruva & Co. to establish an institutional law firm based on the highest standards of legal competence. A full-service law firm, the Firm is mainly known for its expertise in Arbitration & litigation, Insolvency, Real Estate, Project Finance, Corporate & Commercial laws, Media, IP and Estate, Trust and related laws. Mr. Ashok Paranjpe joined Mr. Nishit Dhruva with his team of associates and the firm was later rebranded as MDP & Partners.

Job title

Associate

Team

Real Estate Non-Litigation

Requirements

Should have 2-3 years PQE in Conveyancing and Due Diligence

Application Procedure

Mail your CVs to malav@mdppartners.com and dhruvi@mdppartners.com

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Jain & Partners are looking for an Assessment intern for the IPR Team on an immediate basis.

About the Organization

Jain & Partners is an IPR & Corporate law consultancy firm. It provides services to domestic companies, start-ups and individuals for their overseas investment and also to foreign companies and individuals for their investment in India in all respects that include Corporate Law, Intellectual Property Law, Foreign Exchange Management Law, Import Export Law and Taxation Law etc.

Area of Law

Intellectual Property Rights with a prime focus on TRADEMARK LAW

Eligibility

Only Final year students/Law Graduates with prior experience in the field of intellectual property

Joining

At the earliest

Office Location

Sector-8, Rohini East, Delhi

Application Procedure

Kindly mail at jainandpartners@gmail.com

Note– Only shortlisted candidates will be notified!

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About the Organization

Mandla & Singh Law Chambers was founded in the year 2018 by Ms. Ashima Mandla and Ms. Mandakini Singh with a vision of making it as one of the finest Indian full-service Law Firm. Motivated by the vision, the lawyers at Mandla & Singh Law Chambers take pride in providing top notch legal services to a wide spectrum of clients including top Corporates, Politicians and Celebrities. The firm is also regularly involved in pursuing pro-bono work and contesting Public Interest Litigations on behalf of marginalized communities.

Internship Period

April 2023 – 4 weeks, starting from 03.04.2023

Location

Hauz Khas, South Delhi

Application Procedure

Interested persons, please apply with your CV at internships@mandlaandsinghlaw.com

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About the Organization

Jawa Capital Services (Formerly Intellicity Capital Advisers) advises across all commercial/corporate sectors. They are a mid-size boutique advisory cum Law firm on the lookout to expand our legal team aggressively. In lieu of this, Intellicity is looking forward to hiring Legal Associate, Senior Associate, and Intern for their Legal Team on a full-time basis to cater for their clients and to handle the legal matters of their in-house Group Companies. Their primary sectors of focus are Drafting of Plaints/Complaints related to IPC, CrPC, RERA, Company Law and dealing in Insolvency and Bankruptcy Code, Real Estate matters.

Requirements

Legal Associate
PQE: (0-1 years experience minimum)

Senior Associate
PQE: (2-5years experience minimum)

Location

Jasola, New Delhi

Remuneration

Based on experience, Jr. Legal Associate packages will be from 2-4 LPA and Sr. Legal Associate packages will be from 4-6 LPA

Main Role

Drafting

Eligibility

Job Type

Full-time

Application Procedure

Interested Candidates may apply for the Job by sending their CVs along with a cover letter on this E-mail ID: hr.cbgdelhi@gmail.com

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About the Organization

GLG is the world’s largest insight network. We connect decision makers to the right experts so they can act with the confidence that comes from true clarity and have what it takes to get ahead. Our network of experts is the world’s largest source of first-hand expertise, and we recruit hundreds of new experts every day. We bring the power of insight to every great professional decision.

Job Position

Legal Associate

Job Summary

GLG seeks a lawyer to join the Company’s legal department in Gurugram, India. This candidate will be highly organized, efficient, proactive, impeccably trustworthy, and resourceful.

Specific Responsibilities Include (but Are Not Limited To)

• Together with other team members, enforce processes to ensure the highest legal and compliance standards are met in all aspects of the business
• Manage various legal queues and assign/escalate appropriate issues to other team members
• Draft standard client and vendor contracts for the Company and conduct regulatory research
• Team with other legal department lawyers and non-lawyer personnel to ensure timely execution of legal and compliance related administrative tasks for the Company including fulfillment of requests for due diligence questionnaires, vendor forms, form letters, etc.
• Manage contracts with clients, experts and their institutions, and vendors including contract version control, execution process and contract filing
• Work closely with multiple business segments, including Business Development and Client Solutions.

Candidate Profile

An Ideal Candidate Will Have The Following

• Law degree (LL.B. or higher) from a reputable law university, with demonstrated excellent academic performance
• Minimum 2 years’ experience preferably with a multi-national company
• Must be fluent in MS office and comfortable with new technology. Prior experience of working on Salesforce platform would be an added advantage
• Excellent written and oral English communication skills

We Seek Bright, Positive And Flexible People Who Also

• Act with the highest integrity and professionalism in all their endeavors
• Think creatively and focus on opportunities for growth
• Exhibit constant attention to detail
• Express a strong desire to work in a team
• Demonstrate the ability and initiative to handle increasing responsibility over time.

Application Procedure

To apply, click HERE

Disclaimer: All information posted by us on Lexpeeps is true to our knowledge. But still, it is suggested that you check and confirm things on your level.

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