They are hiring Associates and law interns for their firm. The profile pertains to purely litigation practice and the recruitee will get hands-on experience in court matters.
Area of practice
Bombay High Court, NCLT, Bombay City Civil Courts, Co-operative Courts, Consumer Commissions and Magistrate Courts.
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Applications are invited from Indian citizens who are law graduates as of 01.03.2023 for preparation of a panel of suitable candidates for engagement as Law Researchers in the Supreme Court of India purely on a contractual basis on fixed consolidated remuneration.
Age Limit
The candidate must not be below the age of 22 years and above 30 years as on 01.03.2023.
Method of Selection
Selection shall be made on the basis of resume and personal Interview/Interaction. Only shortlisted candidates shall be called for an Interview/Interaction.
Tenure
6 Months
Remuneration
Rs. 50,000/- per month
Registration of Application
Eligible candidates are required to apply offline by sending the applications and resume through e-mail to recruitment.cell@sci.nic.in mentioning the subject âApplication for Law Researcherâ latest by 31.03.2023.
The candidate should bear in mind while applying for a contractual assignment that he/she will be required to work even at odd hours and on holidays, in exigency of work. It may also be noted that the contractual assignment can be terminated at any point in time without any notice.
No TA/DA shall be paid to the candidates for appearing in the Interview/Interaction.
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Present since 1975, Banshi Jain and Associates (BJAA) is a leading multi-disciplinary firm rendering focused professional services in the areas of tax advisory, startup advisory, transaction advisory, assurance, insolvency, and secretarial services.
Responsibilities
Assisting the startups, transaction, and funds team on compliances around the Companies Act, 2013 and FEMA
Assisting in regulatory research and writing on research matters
Working on compliances and filings under the Companies Act, 2013 and FEMA for corporates and LLPs
Providing other on-the-job assistance as may be required by the legal/CS team
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SKK Associates runs an online legal services platform that caters to clients across India. They offer services related to GST, tax compliance and company registration, etc.
Duties and Responsibilities
Manage clients’ tasks with responsibility
Update the clients regarding our products and services
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Applications are welcomed for an on-site internship opportunity at the Office of Rahul Singh, Information Commissioner, Madhya Pradesh State Information Commission, Bhopal, for the months of April, May, and June 2023.
About the Office
Shri Rahul Singh is an Information Commissioner of the Madhya Pradesh State Information Commission, a statutory body established under the Right to Information Act, 2005 (RTI Act, 2005) with the authority to receive and investigate RTI Act appeals and complaints.
The Office of Rahul Singh, State Information Commissioner, MPSIC, has signed an agreement with Zenith Society for Socio-Legal Empowerment to develop methods for strengthening system openness and accountability under the supervision of Shri Rahul Singh. He has issued many historic directives to enhance openness, such as establishing an RTI Helpline Line for residents and initiating online hearings of cases via WhatsApp and regular phone calls to make it available to individuals in rural places.
Zenith Society for Socio-Legal Empowerment is a youth-led organization that works on grassroots legal empowerment and provides high-quality, low-cost legal services to Adivasi, Dalit, and marginalized groups. Zenith invests in creating locations where law students, attorneys, civil society organizations, and institutions may access legal information.
Areas of Work
Interns will be exposed to a variety of subjects dealing with RTI, the Indian Constitution, the Public Records Act, the Official Secrets Act, and related laws, and will be expected to conduct research to support the adjudicatory process, communicate with Appellants and Officers, prepare case briefs, and supplement the process of his Court’s live and online hearings.
About the Internship
Applications are currently being accepted for an offline internship position at the Office of the State Information Commissioner, MP, for the months of February and March.
The Office of Rahul Singh, in partnership with the Zenith Society for Socio-Legal Empowerment, is accepting applications for physical internships in the M.P State Information Commission, Suchna Bhawan, 35-B Arera Hill, Bhopal-462011, Madhya Pradesh, India.
This opportunity will give students with clinical exposure in several parts of the RTI regime.
Eligibility
Students pursuing a bachelorâs degree or a masterâs degree in the field of law or humanities are encouraged to apply
Students are required to be well-versed in Hindi as well as English.
Students should possess proficiency in MS Office (Word, Excel) and Google (Docs, Sheets)
Students should display resourcefulness, initiative, enthusiasm and be detail-oriented
Stipend
All internships are voluntary and unpaid.
Duration of Internship
All internships are offered for at least 4 weeks and may be extended by the Office of the Information Commissioner.
How to Apply?
Applications submitted more than two months in advance shall not be considered.
Interested candidates shall submit their applications through the Google form provided at the end of the post.
Application Deadline
March 21, 2023
Perks
A certificate of successful completion shall be issued by the officer to the concerned intern upon fulfilling all the tasks assigned to him/her. Interns not completing the internship for the requisite period will not be issued any certificate.
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Chief Justice Sudhi Ranjan Das, Justice Natwarlal H. Bhagwati, Justice Bhuvneshwar P. Sinha, Justice K. Subbarao, Justice K.N. Wanchoo.
Introduction
Certain privileges are being provided to the parliament collectively as well as individually so that they can effectively discharge their functions without any kind of hesitation. Article 105[1] deals with the power and privileges of the house of parliament whereas Article 194[2] deals with the power and privileges of the house of Legislators. The case of Pandit M.S.M. Sharma v. Shri Sri Krishna Sinha and Others[3] not only deals with the conflict between the legislator and the court but also between the legislator and a citizen. In the Judgment part of this case, it was held by the court of law that the legislative assembly does have the power to regulate the publication of debate and other proceedings. However, this act might curtail an individualâs Fundamental Rights i.e. Right to Freedom of Speech[4], in this case, analysis, we will critically analyze why the court has given such implications and what is the validity of such implications.
Facts of the Case
In the case, the petitioner M.S.M. Sharma was a journalist at the “Searchlight” which was an English Newspaper operated in Patna, Bihar. On May 30, 1957, one of the members of the Bihar Legislative assembly whose name was, Maheshwar Prasad Narayan Sinha delivered a speech in Bihar Legislative Assembly in his speech he made some statements regarding Mahesh Prasad Singh that he was the one who guided the Chief Minister in the selection process of the other ministers and he also cited certain instances of favouritism. Further, it was alleged by Maheshwar Prasad Narayan Sinha in his speech that ministers were not given the proper ministries to which they were entitled and for which the conventional process should have been followed for the appointment. Many other instances regarding corruption were mentioned by him in the speech, he took the example of the District Judge who was only transferred from one place to another but was not discharged as per the advice of the Chief Justice of the High Court, Bihar. Further many other instances were discussed by him which were regarding the corruption and criticism of the prevailing government.
The Speaker of the assembly held that the part of the speech made by Maheshwar Prasad Narayan Sinha was objectional and directed it to be expunged. However, no specific directions were given to the Press, the speaker meant by saying this that the publication of the part of the speech which criticized the government must not be made. On May 31, 1957, the part of the speech that was expunged by the speaker and was directed by him that publication of these parts must not be done, was published by the newspaper “Searchlight”. On 10th June 1957 Nawal Kishore Sinha, a member of the state legislative assembly questioned the same in the assembly. The matter was soon transferred to the Privilege Committee. After the evaluation of the entire facts for almost after more than a year on 18th August 1958 M.S.M. Sharma was summoned before the Privilege Committee and was asked to reply as to why an action against him must not be taken as he has done the breach of subsisting privileges. Further, the proceeding regarding the breach of privilege was initiated against the editor. M.S.M. Sharma moved to the court under Article 32 of the Indian Constitution for quashing the said proceeding and he raised the question was whether the said privilege under Article 194 was subject to the Fundamental Right under Article 19(1)(a)[5].
Issues of the case
Does the legislative assembly have a power under Article 194(3) of the Indian Constitution to prohibit the publication of the statement which is being done publicly in the house?
Do the legislative assembly privileges under Article 194 of the Indian Constitution prevail over the Fundamental Rights guaranteed by the Indian Constitution specifically Freedom of Speech and Expression?[6]
Rationale
Arguments from the Petitionerâs side:
The notice issued by the committee and the proceeding initiated by them violates his fundamental right under Article 19(1)(a) of the Indian Constitution as well as it violates his personal life and liberty assured under Article 21 of the Indian Constitution.
They further argued that as the petitioner of the newspaper petitioner is entitled to Freedom of the Press.
The notice which was issued by the privilege committee was invalid as the Chief Minister of Bihar was the chairman of the Privilege Committee.
Arguments from the Respondentâs side:
The respondent relied on the Article 194 of the Indian Constitution.
They argued that the state legislative assembly can exercise similar powers, privileges, and immunities as the British House of Commons, where the proceedings of the assembly cannot be published.
They further argued that the part of the speech which was directed to be expunged cannot be published by anyone under any circumstances as it was expressly prohibited.
If a such publication is being made which was being prohibited then such publication is a breach of the privileges of the Assembly.
Judgment
The court of law held that in accordance with Article 194(3) of the Indian Constitution, the state legislative assembly of Bihar does have the same immunities, privileges and power as the British House of Commons. It was said that since Bihar legislative assembly did not have passed any law concerning the power, privileges, and immunities of the legislative assembly and hence legislative assembly of Bihar will enjoy similar power privileges, privileges, and immunities as that of the British House of Commons. In the British House of Commons, there is a framed order that no member shall give a copy or publish any kind of stuff that has happened during the preceding of the House i.e. no publication of the statement must be made that has taken place in the House. Therefore while dealing with the issue of publication regarding the proceeding of parliament or the legislative assembly the law and order of the British House of Commons should be taken into the consideration.
The petitioner said that Article 194(3) is curtailing his Fundamental Rights under Article 19(1) (a) the court has interpreted this question of has concluded that the legislative privilege under Article 194(3) does not abridge the Fundamental Rights guaranteed by the Indian Constitution under Article 19(1) (a) and explanation regarding the same was given. The court of law said that in (1) it is being mentioned that “subject to the provisions of the constitution” whereas in clauses (2) to (4) it has not been stated as subject to. Therefore it can be assumed that Constitutional makers did not intend that that clause should be subject to the provisions of the Indian constitution and hence Article 194(3) does not breach the Fundamental Rights which are guaranteed by the Indian Constitution. Further, the court of law stated that if any provision of the Indian Constitution takes away or abridges the Fundamental Right then in that case it is a violation of Article 13 and the provision that violates the Fundamental Right must be void. But, since Article 194(3) is perfectly valid it can be inferred that it does not violate Article 13 of the Indian Constitution.
However in this case the dissenting opinion was given by Justice Subbarao he quotes the case of Gunupati Keshavram Reddy v. Nafisul Hasan[7] and said that Article 194(3) is subjected to Part III i.e. Articles 12 to 35 which deals with Fundamental Rights.
Generalis Specialibus Non-Derogant
The meaning of above stated legal maxim is â where there is a special right, general rights will not be applicable. From the above discussion, we can infer that the Parliamentary Privileges or the State Legislative Privileges are special rights, and in case the Fundamental Rights are the General Rights. In the case of Pandit M.S.M. Sharma v. Shri Sri Krishna Sinha and Others[8], this was one of the key areas where consideration could have been taken and to a certain extent, it was taken. Therefore, the general principles or general rules won’t be applicable in cases where there is a special right. The same was with the condition of Article 194(3) these are the special rights that are being given to the parliament for their effective and efficient working so that they can effectively discharge their functions. And the Fundamental Rights given under 19(1) (a) is the general right that is not applicable in the circumstances in which there is a special privileges/rights and the fines example of the situation is the case of Pandit M.S.M. Sharma v. Shri Sri Krishna Sinha and Others[9].
In the case of Azad Transport Co. v. State of Bihar it was considered that the VAT is a special provision and rules in CrPC are considered to be general.
Conclusion
From the above discussion and the analysis of facts, issues, and the judgment of the case it can be said that the court in its majority decision tries to establish the harmonious construction between the prevailing Fundamental Rights and the privileges given to the parliament and the state legislature. The significance judgment of this case is of paramount importance as it serves as the judicial precedent after this particular case. After the decision was delivered by the court, the assembly was prorogued several times and the privilege committee was reconstructed which issued a fresh notice of petition in the court of law against M.S.M. Sharma. As a result, M.S.M. Sharma moved to the court seeking to reopen the same issue. The court held that the principle of res judicata is applicable in this particular case and held that the matter is already decided which is binding on the petitioner.
However, one question remained open in this case and that was whether Article 21 is being affected because of the privileges given to the parliament or state legislative. The question regarding the subjection of Article 19(1) (a) was solved by the court of law i.e. Article 19(1) (a) is not subject to the privileges. But the court of law failed in this case to answer the question relating to Article 21, whether it overrides the privileges or not.
Endnotes
INDIA CONST, art. 105
INDIA CONST, art. 194
Pandit M.S.M. Sharma v. Shri Sri Krishna Sinha and Others, 1959 AIR 396
INDIA CONST, art. 19(1)(a)
Supra note iv
Ibid
Gunupati Keshavram Reddy v. Nafisul Hasan, AIR 1954 SC 636
Supra note iii
Ibid
This case analysis is authored by Prashant Prasad, a second-year law student from University Law College.
The Himachal Pradesh National Law University, Shimla, is launching the Third Volume of its annual publication, HPNLU Law Journal (HLJ) (ISSN: 2582-8533). In this regard, submissions, under different categories, are invited from interested faculty members, research scholars, judges, professionals, and students. The volume is not restricted to any particular theme and manuscripts with an inter-disciplinary perspective on contemporary socio-legal issues, theories, and developments awaiting scholarly treatment are encouraged.Â
About the HPNLU Law Journal
The Law Journal is envisioned to be essential for promoting multi-disciplinary studies (with the law being the focal point) which sit at the core of the National Education Policy, 2020.
HLJ promotes research by bringing together legal thoughts from academia, professionals, social science scholars, and students to add to the existing debates. The Journal maintains its quality by using the technique of double-blind peer review and rigorous editing of each article. In order to ensure that the quality is not foregone, after the final editing, a further review of the selected articles is done by the Editorial Team to finalise whether these articles can be a part of the final publication.
Categories of Submission
Articles – 7000-12000 Words
Case Comments – 4000-8000 Words
Notes or Legislative Review – 5000-8000 Words
Book Reviews – 1500-3000 Words
Note â The word limit prescribed for each category is inclusive of the footnotes and references
Theme
There is no prescribed theme(s) or topic(s) for the HLJ. All submissions, whether relating to the legal developments directly or otherwise, are welcome. Inter-disciplinary studies are promoted and contemporary topics of socioeconomic relevance are suggested to the writers.
Submission
All contributions have to be submitted in electronic form. The paper should be processed in MS Office and the following guidelines must be followed â
Paragraphs should be double-spaced.
The margin on the left and the right-hand side for the paragraphs should be one and a half inches.
Font should be in type â Palatino Linotype and size â 11, throughout the paper.
Footnotes should be in font size 10.
The use of italics, bold font, and single inverted commas is suggested for the manuscript.
Email
Provide your manuscripts at lawjournal.editor@hpnlu.ac.in.
Deadline
The last date for submission of the manuscript is 30 May 2023.
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PSP Legal is a multi-disciplinary law firm composed of advocates, industry specialists and auditors. Their partners are supported by professional employees and have, without exception, longstanding experience with major firms and senior counsels. Their principle of operation is the partners’ personal commitment and their responsibility for content and result.
As a full-service firm with a team of 35 lawyers and a pan India network, their expertise spreads across a broad span of business disciplines and major industries, including real estate, M&A restructuring, joint ventures and corporate and commercial matters. They have a specialised team in commercial dispute resolution, covering litigation, arbitration and settlements.
About Position
Team PSP Legal, Advocates, and Solicitors | Advocates are now accepting applications for the position of Legal Associate for our office at Panchsheel Park, New Delhi.
Requirements
The current position is for Advocates registered with the Bar Council of Delhi with 1 to 3 years of experience working at Courts in Delhi.
The areas of law the prospective Associate will be required to largely practice are Civil Commercial Laws, Real Estate, Disputes Resolution, and Insolvency and Bankruptcy laws to name a few. Prior work and internship experiences in the relevant areas of law will be considered.
Application Process
The Applicants may submit their resume at recruiter.psplegal@gmail.com on or before 31 March 2023 with the subject of the email âApplication | Litigation Associate | [specify Applicantâs name]â
Note: Selected Applicants will be invited to our Office in Delhi for an interview and for further discussions.
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Ethos Legal Allianceâs Practise Areas include Disputes Resolution, Insolvency & Restructuring, Banking & Finance, White Collar Crimes, Real Estate, Environment, Direct Tax, and IP Litigation. They have a strength of 10 Associates (and rapidly growing), who are assigned specific practice-wise Courts to attend and appear. They are on a Mission to establish ELA as âThe Most Preferred Mid-Size Corporate Disputes Resolution Law Firmââ in India by 2025.
Ethos Legal Alliance is inviting applications for physical internship Slots in the Dispute Resolution Team.
Practice Areas
Disputes Resolution
Insolvency & Restructuring
Banking & Finance
White Collar Crimes
Real Estate
Environment
Direct Tax
IP Litigation
Period of Internship
Minimum 4 months from 1st April 2023 onwards.
Location
Fort, Mumbai
Application Process
Those interested in being part of the Dispute Resolution Team, kindly mail your Application to careers@ethoslegalalliance.com with a Brief Write Up about your past experiences, which justifies the strength of your Application with the subject âPhysical Internship From 1st April 2023 Onwards.â
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In the case of Delhi Development Authority and Govt. of NCT of Delhi vs Batti and others, the respondents in this case i.e., Batti and others filed a writ petition in Delhi high court to claim the compensation of the land which was taken by them 20 years back for the development project and later the two authorities i.e., plaintiffs appeal before SC against the compensation requested by respondents.
FACTS:
Delhi development authority and Govt. of NCT of Delhi appeal before the SC with the Civil Appeal no 2402/2008. Under section 4 of the land acquisition act, 1894(for short âthe Actâ) an order was passed on 23-06-1989 for the acquisition of land measuring about 3,500 hectares for the development of part of Delhi and this order was further followed up by notification under sec 6 of âthe Actâ on 20 June 1990.
The respondent was the wife of Mange Ram who was the son of the Late Harkesh. The issue was that the late Father-in-law of respondent i.e., Mr. Harkesh was asserted as the owner of the 1/12th share i.e., (01 bighas and 19 biswas and 03 biswansi from the land area measuring upto 23 bights and 2 biswas having khasra no. 281/4(10-11). 282/4(10-3) and 80(2-8)).
Now writ petition was filed by the respondent in 2015. They stated that the other party hasnât paid them the compensation and also the possession of land hasnât been taken and the acquisition has lapsed. But the high court stated that the land was handed over to the forest department as per the facts after the possession of the land was taken. And it was taken because the land comes under the âOâ zone. And HC also stated the fact that land was also vested in Gaon Sabha. Therefore, the respondent will not be given any compensation and due to the dispute over the titles regarding land, the issue related to compensation was kept open.
The constitution bench stated two conditions to prove the acquisition which are as follows:
Taking over the possession of the land or,
Payment of compensation
And the bench stated that from the facts, we came to know that the acquisition was done after the land was taken in possession, and due to the dispute in the title, the HC also had kept the question of title open.
The question of acquisition which was holdup by the Delhi high court in this case by relying upon the judgment of this court (SC) in the case of Pune municipal corporate and anotherâs case âsupraâ was overruled by relying on the judgment of this court in the Indore Development Authority.
RESPONDENTâS CONTENTION:
Learned counsel on behalf of the respondent provided the facts that respondent no. 1 is the daughter-in-law of later. Harkesh. Harkesh was entitled to compensation as he was the owner of the land as per the records and he also have the Bhoomidari rights. And they submitted that the land was not been taken up also by the authorities.
JUDGEMENT:
The honourable Supreme Court allowed the present appeals of the plaintiff and stated that there will not be any compensation to the predecessor or respondent due to the dispute regarding the title of the land, also the land was found to be recorded in the name of Gaon Sabha.
Also, there were no records of any action or step for seeking compensation on behalf of the respondents and the person who owned the land 20 years ago. So by putting aside the impugned order of HC, the present appeals are allowed and the writ petition of respondents in HC is dismissed.
