Month: March 2023

About NMIMS School of Law

SVKM’s NMIMS, School of Law, Navi Mumbai was established in the year 2018 and aims to provide quality legal education through offering two courses, BA LLB (Hons.) and BBA LLB (Hons.). The courses are designed in such a way that apart from imbibing knowledge of law, it also prepares the students for the real world by helping to hone one’s
skill of presentation and interpretation in the most efficient manner. Students also get exposure through internships and various para-academic activities such as Alternative Dispute Resolution, Moot Court, Debates, etc.

Ranked as the 7th Best Private Law College in India in the fifth edition of India Today’s Best Colleges, it synchronously imbibes the western education model with its emphasis on skill development to ensure that the students are transformed as leaders who can thrive amidst the challenging dynamics of a turbulent international business
environment.

About Usha: National Arbitration Moot, 2023

The vision of NMIMS, School of Law for promoting Alternative Dispute Resolution (ADR) can be best achieved by organizing and hosting student teams from universities across the nation at our flagship event – Usha: National Arbitration Moot, 2023. The Arbitration Moot is a simulation of a dispute arising out of a contract between two parties, which provides for settlement through arbitration in India. This competition will be evaluated by distinguished scholars and practitioners in the field of arbitration who will act as arbitrators to judge the various teams.

Participating in the competition will enable students to exercise and develop essential legal skills that are critical to
their future careers, including legal writing, delivering convincing oral pleadings, conducting research into commercial laws, and effectively communicating within a team.

Usha: National Arbitration Moot, 2023 represents an outstanding opportunity for law students to enhance their legal knowledge and practical skills while networking with peers and professionals in the field of arbitration.

Registration Fees

All teams participating in the competition are required to pay an initial ‘preliminary registration fee‘ of INR 4000 inclusive of GST. In addition, teams that qualify for the Semi-Final rounds shall be charged an additional ‘final registration fee‘ of INR 3000 inclusive of GST. The final registration fee includes only accommodation for the duration of the competition.

Structure of the Competition

The participants will be divided into two teams, with one team representing the claimant and the other team representing the respondent. The teams present arguments and evidence to a panel of arbitrators, who will then render an award in the case. The Competition will be carried out through four rounds:

❖ Preliminary Round involving 16 teams – Virtually on Webnyay;
❖ Quarter-Final Round involving 8 teams – Virtually on Webnyay;
❖ Semi-Final Round involving 4 teams – in-campus;
❖ Final Round involving 2 teams – in-campus.

Note: The Preliminary and Quarter-Final Rounds will take place virtually on Webnyay platform and the Semi-Final and Final Round will take place at the premises of NMIMS School of Law, Navi Mumbai Campus

List of Dates

Last Date to Seek Clarifications	10th March, 2023
Memorial Submissions	25th March, 2023
Preliminary Round (Virtually on Webnyay)	1st April, 2023
Quarter Final Round (Virtually on Webnyay)	2nd April, 2023
Semi-final Round (in-campus)	8th April, 2023
Final Round (in-campus)	8th April, 2023

Awards

The competition promises to reward excellence and promote healthy competition by offering generous awards.

• The Winning Team will be awarded a cash prize of Rs. 16,000/-, while the runners-up will receive a cash prize of Rs. 12,000/-. The cash prizes serve as a tangible recognition of the hard work and dedication that the participants have invested in preparing for the competition.
• In addition to the cash prize, the winning team will receive a complimentary one-year subscription to Jus Mundi.
• Winners of the competition will get an opportunity to intern at Nishith Desai Associates.

Contact Details

• Rajshri Shrivastava, President – +91-9131720188
• Rohan Garje, Vice President – +91-9372988202
• Ishan Anand, Secretary – +91-7007461727

CLICK HERE TO REGISTER

BROCHURE FOR MORE

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-Report by

The present case concerns a writ petition filed by the wife of a deceased physical education
teacher seeking the release of outstanding dues payable to her late husband on account of pay
revision under the 7th Central Pay Commission (CPC) recommendations. The petitioner’s
husband was the sole bread earner of the family, and all his legal heirs were dependent on
him. The petitioner alleged that despite repeated requests, the school had not released the
arrears of salary and allowances owed to her husband. The respondents, including the school
and the Directorate of Education, did not dispute the petitioner’s claim to the outstanding dues
payable to her husband. The court allowed the writ petition and directed the school to
calculate and disburse the outstanding dues to the petitioner within four weeks from the date
of the order.

Facts:

The present writ petition was filed by the petitioner seeking the release of outstanding dues
payable to her late husband, who was working as a Physical Education Teacher at the National
Public School for over 30 years. Her husband died due to fatal injuries sustained in an
accident on 10.08.2022, leaving behind the petitioner and his legal heirs, who were dependent
on him. The petitioner’s grievance was that the school had not granted the benefits of pay
revision under the 7th Pay Commission (CPC) and released the arrears of salary and allowances
of her late husband.

Issue:

The issue raised in the present writ petition was the non-grant of benefits of pay revision
under 7th CPC and the release of arrears of salary and allowances of the petitioner’s late
husband by the school.

Petitioner’s Contentions:

The petitioner in this case, the wife of a deceased physical education teacher, contended that
her husband was entitled to receive the benefits of pay revision under the 7th Central Pay
Commission (CPC) recommendations, as directed by circulars issued by the Directorate of
Education. She alleged that despite repeated requests from her son, the school had not
released the arrears of salary and allowances owed to her husband, who was the sole bread
earner of the family.

Respondent’s Contentions:

On the other hand, the respondents, including the school and the Directorate of Education,
did not dispute the petitioner’s claim to the outstanding dues payable to her husband.
However, they requested the petitioner to provide any additional information or documents
required by the school to release the payments. They also argued that the grant of benefits of
pay revisions under the Central Pay Commissions’ Recommendations and the consequent
fixation of pay scales etc. of employees of recognized private schools at par with employees
of the corresponding status in schools run by Appropriate Authority, by virtue of provisions of
Section 10 of the Delhi School Education Act, 1973, was not in dispute, citing relevant court
judgments.

Judgment:

The court allowed the writ petition and recorded the assurance given on behalf of
Respondents No.1 to 3 that all outstanding dues payable to the petitioner’s husband on
account of pay revision under the 7th CPC shall be released within four weeks from the date of
the judgment. The court also directed that the calculations of the amounts disbursed to the
petitioner shall be furnished to her to enable her to ascertain if anything further remains to be
paid. In case the petitioner finds that any balance amounts are payable, she is at liberty to
approach the school management in this regard and, in case of any surviving grievance, she
may take recourse to remedies available to her in accordance with the law. The court disposed of
the writ petition in the aforesaid terms.

READ FULL JUDGEMENT: https://bit.ly/3Tbtj2R

-Report by Anurag Sinha

As part of a petition contesting the blood donor standards, the Union Ministry of Health and Family Welfare has filed an affidavit challenging the guidelines’ outright restriction on transgender people, gay males, female sex workers, and others donating blood.

It has been reported that the National Blood Transfusion Council (NBTC, an organisation made up of medical and scientific professionals) is responsible for determining which groups of people are barred from being blood donors and that this conclusion is grounded in data from scientific studies.

The affidavit begins by arguing that the petition’s concerns are within the purview of the executive and must be evaluated from the perspective of public health rather than individual rights.

Facts:

The Public Interest Litigation by a member of the Transgender community. Thangjam Santa A lawsuit against Singh, represented by lawyer Anindita Pujari, was filed in federal court “Under the auspices of the Central Health Ministry, the National Blood Transfusion Council and the National Aids Control Organization released their 2017 Guidelines for Blood Donor Selection and Blood Donor Referral in October.

Guidelines clauses 12 and 51 exclude transgender people, gay males, and female sex workers from donating blood since they are a high-risk group for contracting HIV/AIDS. The Ministry now claims in its affidavit that there is sufficient information to show “HIV, Hepatitis B, and Hepatitis C diseases pose a threat for transgender people, men who have sex with males, and female sex workers. It claims that the petitioners haven’t contested the exclusion of people at risk for HIV, Hepatitis B, or Hepatitis C infections, but rather the inclusion of transgender people, gay males, and female sex workers in the ‘at risk’ category. The affidavit responded to the challenge by citing the following academic papers in an effort to back up its assertion that the named persons were, in fact, at risk.

Two gay men from Hyderabad have filed a new public interest litigation (PIL) with the Supreme Court of India, arguing for the legalisation of same-sex marriage in India under the Special Marriage Act of 1954.

Our Chief Justice DY. Chandrachud will preside over a Supreme Court bench today.

Supriyo Chakraborty and Abhay Dang, the petitioners, have been in a relationship for over a decade. Because of the epidemic, both couples and their families were reminded of life’s fragility. They were both infected with COVID during the second wave. As soon as they felt well, they made plans to celebrate their 9th anniversary with family and friends by having a wedding-cum-commitment ceremony. In December 2021, they conducted a commitment ceremony when their loved ones gave their approval to their partnership.

Plaintiff’s Contention:

Petitioners argued that the Special Marriage Act violates India’s constitution because it treats same-sex couples differently than those of the opposite sex by denying them the legal protections, social recognition, and legal standing that come with marriage. The petitioners state that the Indian Supreme Court has historically upheld the freedom to marry anyone regardless of caste or religion. The constitutional movement towards same-sex marriage is an extension of this trend. As the Supreme Court has already ruled in the Navtej Singh Johar and Puttaswamy cases that LGBTQ+ people have the same rights to equality, dignity, and privacy as any other citizen, the Petitioners contend that the right to marry the person of one’s choice should also apply to LGBTQ+ people.

Judgement:

The Special Marriage Act, Foreign Marriage Act, and Hindu Marriage Act have all been challenged in nine separate cases before the Delhi High Court and the Kerala High Court, all seeking to recognise same-sex marriage. The Ministry’s Deputy Solicitor General told the Kerala High Court earlier this month that preparations are being made to have all writ petitions transferred to the Supreme Court.

READ FULL JUDGEMENT: https://bit.ly/400UmAJ

-Report by Atharva Dixit

The judgement relates to a writ petition filed by Smt. Kowsalya runs the Sankar Social Justice Trust in memory of her husband who was killed in an incident of honor killing. The trust works for achieving a caste discrimination-free society. They planned a meeting to be held for the dissemination of information against honor killing and the promotion of inter-caste marriage but the permission for the same was rejected by The Deputy Superintendent of Police, Udulamaipet Sub Division, Tiruppur District. She filed a petition in front of the Madras High Court to issue a writ of Certiorarified Mandamus, to quash the order of DSP as illegal.

Facts :

The petitioner belongs to Most Backward Community and she married Sankar, who belonged to Scheduled Caste. On account of this inter-caste marriage, caste fanatics killed Sankar. On the second death anniversary of Sankar, the petitioner started this trust for promoting casteless society. She submitted a representation dated 15.02.2023 seeking permission to conduct a meeting in honour of the deceased Sankar and promote inter-caste marriage. However, that representation was rejected by the DSP citing the possibility of a law and order issue. The respondent’s counsel also admitted that the brother of Sankar and 500 villagers opposed this meeting.

Petitioner’s Contention :

Learned counsel for the petitioner submitted that the petitioner is the founder of Sankar Social Justice Trust. She belongs to Most Backward Community and she married Sankar, who belonged to Scheduled Caste. On Account of this inter-caste marriage, caste fanatics assaulted Sankar with deadly weapons on 13.03.2016 at the instigation of her parents and he was killed. On the second death anniversary of Sankar, the petitioner started this trust for creating awareness of inter-caste marriage and for promoting the same in society in order to achieve a casteless society. She submitted a representation dated 15.02.2023 seeking permission to conduct the 7th memorial meeting in honour of the deceased Sankar and promote inter-caste marriage. However, that representation was rejected by the respondent in the proceedings.

Respondent’s Contention :

Learned Government Advocate (Crl. side) opposed this petition on the ground that, if the proposed meeting is permitted, there is a possibility of a law and order issue coming up. There is a ban against meetings and other assemblies passed under Section 30(2) of TN City Police Act, 1888 from 01.03.2023 to 15.03.2023. He further submitted that the brother of the deceased and more than 550 villagers are opposing this meeting. Thus, stating the aforesaid grounds, he prayed in front of the court to dismiss the petition.

Judgement :

The Honorable Justice G. Chandrasekharan expressed concern over incidents of honour killing while holding that no authority can prohibit or prevent any meeting being held against such problems, he held that; “The offence of honour killing takes place every now and then. It is not as though there is no honour killing taking place in Tamil Nadu and it is totally eradicated. It is not in dispute that the petitioner is a victim to honour killing, that her husband was murdered for the reason that he belongs to Scheduled Caste and the petitioner belongs to Most Backward Caste. Now, the scope of starting Sankar Social Justice Trust and organizing a present meeting is to disseminate information against honour killing and also to promote inter-caste marriage. It is a laudable object and we cannot prevent/prohibit the meeting to be organized by Sankar Social Justice Trust on 12.03.2023 at 5 P.M. at the venue nearby Kumaralingam Bus Stop, for the above said reasons.” Accordingly, the Writ Petition was disposed of.

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

About Rajan Agarwal

Rajan Agarwal is a chartered accountant, advocate, and registered insolvency professional. He started his career as a practising chartered accountant as a proprietor of Rajan D. Agarwal & Co, Chartered Accountants in the year 1991 having experience of over 30 years in the field of corporate advisory. His area of specialization is corporate finance, restructuring, NPA management, etc. Rajan Agarwal has also been active in providing consultancy in areas such as one-time settlements with banks, CDR, SARFAESI, Negotiable Instruments Act, etc.

He is currently practising as an insolvency professional and also as an advocate. As an advocate, he is active in the field of insolvency and has been appearing regularly before the National Company Law Tribunal and the National Company Law Appellate Tribunal.

Duties and Responsibilities

• Working with an understanding of the nature and basics of insolvency & bankruptcy law, and company law
• Managing compliance and secretarial work
• Working on drafting the documents
• Assisting the senior advocate
• Attending/Visiting court for hearings and CoC meetings
• Assisting the advocate in his capacity of insolvency professional

Requirements

• Excellent verbal and written communication skills
• Fluent in English
• PQE of 0-2 years
• Background and knowledge in IBC

Location

RDA Law Office, Andheri West, Mumbai

Tenure

3 Months

Perks

• Letter of recommendation
• Free snacks & beverages

Number of openings

2

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About Atulay Nehra Consulting

Atulay Nehra Consulting is a Delhi-NCR-based law firm dedicated to serving its national and international clients which includes individuals and companies. At Atulay Nehra Consulting, we are a team of dedicated professional lawyers with expertise in matters pertaining to civil, criminal, consumer, family, and real estate laws.

Duties and Responsibilities

• Compile a list of matters listed in the coming week
• Mark’s presence in the listed matters
• Conduct research in fields such as CPC, CRPC, and corporate law
• Create first drafts of replies/complaints/petitions, suits, appeals, applications, legal notices, etc.
• Work on live cases and prepare case synopsis
• Work on calling and updating clients about case status
• Work on calling/follow-ups/clients for case briefs

Tenure

6 Months

Perks

Job offer

Stipend

This is a performance-based internship. In addition to the minimum-assured stipend, you will also be paid a performance-linked incentive ( 200 per court visit/hearing date/court work ).

Number of openings

4

CLICK HERE TO APPLY

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About Augustus Law

Augustus Law is a firm specialising in a few niches of practice areas. The key focus of their firm has been working on stressed asset management, bankruptcy and insolvency practice. They also have a dedicated team specialising in real estate laws and regulations and succession and estate planning. The firm has been advising start-ups alongside gaming companies and has a committed team of advocates working in corporate and commercial laws. They have offices in Mumbai and Kolkata.

Duties and Responsibilities

• Assisting the associates and partners with day-to-day research
• Working on compiling briefs for review
• Working on involvement in assignments related to the firm’s practice areas as and when necessary
• Familiarity with Manupatra/SCC, etc. legal databases for precedent search

Tenure

3 Months

Perks

Certificate

Number of openings

1

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Sharma & Sharma, Advocates & Legal Consultants, Kolkata, are looking for a suitable candidate having PQE experience of 5 to 10 years to join their Kolkata office for the post of Senior Associate.

About the Organization

Sharma & Sharma, Advocates & Legal Consultants is a full-service law firm, established in 2006 with offices in Kolkata, New Delhi, Chandigarh and Bhubaneswar and having associate lawyers, chartered accountants, company secretaries in most major cities of India, with substantial representations in Insolvency and Bankruptcy Code, 2016, Employment (Labour law & Service Law), Company Law disputes, Transactional matters, Real estate, and numerous litigation and arbitration matters. The firm also has a specialised corporate practice catering to varied industries across the globe.

Position Available

Senior Associate

Location

Kolkata

PQE

5 to 10 years

Eligibility

• Excellent drafting skills and prior experience in drafting of writ petitions, suits, Appeals, Applications, and other pleadings before Courts/ Tribunals;
• Experience in conveyancing and drafting of leases, deeds, incorporation documents for legal entity, etc.;
• Experience in appearing before the Hon’ble High Court, , NCLT, DRT, District Courts and Tribunals;
• Excellent Legal research work and considerable knowledge about the Insolvency and Bankruptcy Code, 2016, Arbitration & Conciliation Act, 1996, Company Law and commercial litigation;
• Competency in briefing Senior Advocates and Senior Counsels.
• Complete familiarity with legal procedures, protocols, and court systems.
• Excellent computer literacy with Proficiency in English language.
• Ability to conduct client counselling & client meetings.

Remuneration

CTC – Rs. 6 Lakh per annum (negotiable depending upon the credentials of the candidate)

Application Procedure

Interested candidates may send their up-to-date Resume at contact@sharmaandsharmalegal.com with the subject of the email as “Application for the post of Senior Associate – Kolkata”

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About CIPR, NUALS

The National University of Advanced Legal Studies (NUALS) Kochi, established the ‘Centre for Intellectual Property Rights’ (CIPR) to promote Intellectual Property awareness among students, and to encourage research in the emerging arena of Intellectual property. The Centre fosters R&D activities that blend with its central mission of intellectual pursuit as well as link related interdisciplinary involvement to develop an intellectual law database, which would benefit the nation at large. 

Past issues of the journal can be accessed here.

Call for Papers

The journal invites contributions for the 5th Volume of the Journal from academicians, practitioners of the legal profession, researchers, post-graduates, and undergraduate students of law.

Contributions may be in the form of articles, essays, notes, commentaries, and reviews. Submissions will be put through an exhaustive review process and published on the official website of the Journal, University, as well as CIPR.

Categories of Submissions

• Articles: 5000- 7000 words
• Essays: 3000-5000 words
• Notes, Comments, and Reviews: 1000- 3000 words

Word count is exclusive of footnotes. Longer submissions will be considered at the discretion of the editorial board.

Formatting Guidelines

1. The submission must be made in .doc/.docx/.odt format only. PDFs of submissions will not be accepted.
2. The body of the manuscript must be according to the following specifications:
   • Times New Roman font
   • Font size 12
   • Line spacing 1.5
3. Submissions must follow the Bluebook (21^st edition) style of citation. Footnotes must be in Times New Roman, font size 10 with single line spacing.

Guidelines for Submission

1. All submissions are to be made in electronic form and must be sent to ciprlawreview@nuals.ac.in.Submissions must be received on or before April 18, 2023.
2. All submissions must include an abstract not exceeding 300 words.
3. Submissions must be accompanied by a brief note including the following information:
   • Name
   • Postal Address
   • Name of Institution
   • The course of Study (if applicable)
   • Academic Year
   • Contact Number
4. In the submission of work, the author undertakes that the work is original and has not been submitted, accepted, or published elsewhere.
5. All submissions will be subject to a plagiarism check at the first stage of evaluation. If work is found to be unoriginal or plagiarised (including self-plagiarism), it will be rejected at the first instance. The Journal also reserves the right to revoke the acceptance upon a finding of plagiarism at any stage of the submission or editing process.
6. Co-authorship is allowed for a maximum of two authors.
7. Authors will be intimated of receipt of submission within one week from the date of submission.

For further queries, contact: ciprlawreview@nuals.ac.in.

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About the Organization

Xiaomi was founded in 2010 by serial entrepreneur Lei Jun, who believes that high-quality technology doesn’t need to cost a fortune. We create remarkable hardware, software, and internet services for and with the help of our Mi fans. Every company has a mission. Ours is to bring ‘Innovation for Everyone.’ Having a global presence, and being a tech behemoth, Xiaomi moved up 72 spots ranking #266, in the ‘Fortune Global 500’ list for the 4th consecutive year.

Intern Job Responsibilities

Conduct legal research in areas as diverse as company law, payment-related laws, competition law, intellectual property laws, IT and privacy law, legal metrology, arbitration and conciliation law etc..

Intern Job Duties

Work with the legal team to draft and review various agreements including novation agreements, brand license agreements, software license agreements, co-branding agreements, non-disclosure agreements, terms of service documents, marketing agreements, master services agreements, franchise agreements, IP licensing agreements, lease agreements, other commercial and technology-related agreements.

Desired Candidate Profile

• Good Legal knowledge
• Pursuing BBA LLB
• Good communication skills
• Prior Internship experience
• Qualification – LLB Graduate (3rd year and above)

Skills

Communication skills, legal etc

Full-time or Part-time

Full Time

Location

Bangalore

CLICK HERE TO APPLY

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