Month: April 2023

-Report by Nehha Mishra

In the case of KALPANA DEVI VS UNION OF INDIA, the appellant failed to prove the situation as an ‘untoward incident’ defined under Section 123(c) of the Railways Act and was denied compensation by the Railway Claims Tribunal and was endorsed by the High Court of Delhi.

FACTS

The appellant claimed that her husband boarded the train after purchasing a rational 2^nd class superfast railway ticket for the train running from Agra Cantt to Hazrat Nizamuddin railway station. 

Her Husband was standing at the door of the compartment and fell accidentally from the moving train and died at the stop. The appellant claimed that her husband has died in an ‘untoward incident’ and she is entitled to get compensation.

The Railway Claims Tribunal decided that the appellant cannot claim compensation as the journey ticket was not recovered, proving he was not a bona fide passenger. After reading the thorough details of the material on record, it further concluded that the had not occurred due to falling from the moving train. 

The claim petition was dismissed by the Railway Claims Tribunal as they found the appellant non-suited on both counts. 

PETITIONER’S CONTENTION

Referring to the post-mortem report, the Learned counsel for the appellant contended that in the report, the cause of death was particularly expressed as ‘…possible in a railway track accident.’ The Tribunal has misjudged that the accident has not occurred due to the falling from a moving train.

He further contended that declaring him as a bona fide passenger is incorrect as the ticket was lost at the time of the accident.

RESPONDENT’S CONTENTION

A detailed analysis of the case record showed that the incident was first informed by a record that was made at 18:40 hours where it was expressed that one person was lying run over on the Ashram railway bridge whereas another record made at 19:50 hours mentioned that three dead bodies were found in the badly disfigured condition lying at the UP- line of Nizamuddin – Tughlakabad Section.

Adding to this fact, he said no eyewitness could confirm the incident and the appellant herself did not see her husband buying the tickets or boarding the train.

The cause of death was recorded as “a result of combined effects of craniocerebral damage and shock.”  Whereas, the post-mortem report did not mention anything to the matter related to brain damage but rather noted multiple crush injuries, fracture of skull bones, and fracture of the pelvis on both sides.

JUDGEMENT

The fact that 3 dead bodies were found at the place of the accident makes it difficult to conclude that all of them died by accidentally falling from the moving train at the same time. 

Supporting this fact, the journey ticket was not found, and the first information as well as the post-mortem report mentioned that the appellant’s husband was run over.

The appellant failed to make out a case of an ‘untoward incident.’ The court agreed to the decision of the Tribunal.

The Findings recorded were upheld by the court and the appeal was hence, dismissed.

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

-Report by Utkarsh Kamal

In this case, The Supreme Court has reaffirmed that the State cannot be forced to create posts and hire qualified individuals without sanctioned positions. In this case, the Bench comprising Justice Ajay Rastogi and Justice Bela M. Trivedi was deciding a case pertaining to the reinstatement and regularisation of members of the ‘Makkal Nala Paniyalargal’, or Village Level Workers were members of the Makkal Nala Paniyalargal (MNP) organizations who worked in Tamil Nadu.

FACTS:

A program offering jobs to educated youngsters in rural regions who had completed the 10th standard was started by the Tamil Nadu government in 1989. In the entire State, 25,234 MNPs (Makkal Nala Paniyalargal/Village Level Workers) were employed. The program was abandoned by the government in 1991. As a result, those hired through the program had their employment terminated. The scheme was reinstated in 1997 by government order, and it was abandoned once more in 2001. The government devised a plan in 2006 to transfer those who had been hired as Panchayat Assistants and part-time clerks to any scale as of September 1st, 2006. The Government announced in an order dated 2008 that it would take into account filling 50% of open positions in the cadre of record clerks, office assistants, night watchmen, and analogous posts from MNP. The government hired 600 MNPs to work as night watchmen and official assistants in local panchayats. The period of MNPs was extended by two years till May 31, 2012, subject to absorption. However, the Government disbanded MNPs in the interim on November 8, 2011. The Government order was contested before the Madras High Court, and the Single Judge permitted it. The decision made by the single judge was upheld by the Division Bench. In response to an appeal, the Supreme Court gave notice and suspended the High Court’s decision. The Mahatma Gandhi National Rural Jobs Guarantee Scheme is a program that the State Government started in 2022 to give jobs to educated unemployed youth. The majority of the 13,500 MNPs had enrolled in the program, while 489 MNPs had declined the chance.

LAW:

The schedule of the Act included the State of Tamil Nadu. According to Section 3 of the Act, each State must implement a program that offers every household in rural areas covered by the Scheme, whose adult members agree to perform unskilled manual labour, at least 100 days of guaranteed employment in a fiscal year. The Court remarked that the 2005 Act’s provision of the benefit made by the State of Tamil Nadu’s plan remains in effect.

ISSUE:

Whether the government can be compelled to create posts and absorb those in service in the absence of sanctioned posts?

APPELLANT’S CONTENTION:

The appeals court would be the least qualified to determine whether the government acted honestly in creating a post or refusing to create a post or whether its decision suffers from malice (legal or factual), according to the appellants, who argue that creation and abolition of posts rest with the government and is a matter of government policy, which can always be exercised in the interest and necessity of internal administration.Because these appointments were not made in accordance with the State Government’s formation against a cadre post, the service conditions of which are governed by the service regulations established in accordance with the proviso to Article 309 of the Constitution. The current appointments are made solely to give educated youngsters in rural regions employment as MNPs in the implementation of various schemes at the village level for an honorarium that has periodically been updated.

RESPONDENT’S CONTENTION:

A court must review every government decision to create or eliminate posts, especially if it goes against established service rules or constitutional clauses. The respondent may contend that the creation of positions purely to give educated children in rural areas work is not a proper use of public funds and may not be a valid government policy. The respondent may further argue that rather than being subject to arbitrary periodic modifications, the service conditions of such posts should be governed by established regulations.

JUDGMENT:

The National Rural Employment Guarantee Act was passed by the Central Government in 2005 to provide direct supplemental wage employment to rural citizens, the Supreme Court remarked. In a fiscal year, it guaranteed at least 100 days of paid employment. The schedule of the Act included Tamil Nadu as a state. According to Section 3 of the Act, each State must adopt a program that offers every household in rural areas covered by the program, whose adult members agree to perform unskilled manual labour, at least one hundred days of guaranteed work in a fiscal year. The Court determined that the 2005 Act-adopted benefit offered by the State of Tamil Nadu’s plan is still in effect. The court took note of the High Court’s ruling that employees who lost their jobs as a result of the government order disbanding the program in 2011 are not only entitled to reinstatement but also to be regularised in service after the post was created. 

According to the Supreme Court, judges cannot command the creation of jobs. The MNPs were hired through a system and received honoraria rather than compensation for holding a cadre position.

After the scheme expired, the Divisional Bench ruled that MNPs were not eligible for reinstatement or regularisation of service. Hench overruled the judgment of the High Court.

READ FULL JUDGMENT: https://bit.ly/419WE0D

-Report by Sejal Jethva

Radhey Shyam & Ors VS State of Rajasthan, in this case, political rivalry between the family of the deceased & accused. The eyewitnesses the minor, who was the daughter of the deceased and who is the mother of the deceased.

FACTS

The family of the late Raghunath Singh and a few of the accused, who are members of the Ahir clan, found a party called the Azad party, have a history of political enmity. The incident happened on April 16, 1976. Shiv Raj Singh, PW6, filed a First Information Report. Shiv Raj Singh is the brother of the deceased Raghunath Singh (FIR). The dead were attacked by a bunch of Ahirs. The prosecution claims that PWs 2, 3, and 4 were the actual witnesses. The Trial Court disregarded PW2’s testimony but accepted PW3 Krishna, the deceased’s minor daughter, and PW4 Kanwarbai, the deceased’s mother, as credible witnesses.

APPELLANT’S CONTENTION

PW3 is a young witness whose testimony must be scrutinised quite carefully. She drew our attention to PW­3 Krishna’s testimony and, in particular, her cross­examination, arguing that her testimony cannot be taken seriously, especially given the witness’s exceedingly dubious identification of the defendant in court. Furthermore, PW4 was unable to name a single accused present in court, making it risky to rely on her testimony. She further emphasised that the FIR was sent to the knowledgeable Magistrate with a 3-day delay. Political competition existed between the deceased person’s family and the accused’s political party, therefore during these three days, the accused must have been falsely implicated.

RESPONDENT’S CONTENTION

The State argued that reading the child witness’s (PW3) responses to the opening questions demonstrate the witness’s high level of knowledge and intellect. He claimed that while she accurately recognised the first accused as the son of Ramchander, she accidentally revealed the name of Modu (the accused who was found not guilty), who was also the son of Ramchander. He claimed that there is a small inconsistency that does not suffice to invalidate the version of PW3. He asserted that PW­4 Kanwarbai mentioned five people as the defendants. According to his argument, PW4 was unable to recognise the accused by name. He asserted that the passage of time makes it simple for this to occur. He would contend that the judgments rendered by the High Court and the Sessions Court regarding the guilt of the appellants were correct and cannot be criticized.

JUDGEMENT

1. We discover that the prosecution’s case is solely supported by PWs 3 Krishna and 4 Kanwarbai’s evidence. At the time her testimony was recorded, PW 3 was 12 years old. PW 3’s testimony cannot be disregarded solely because she was 12 years old. But, because she is a child witness, her testimony needs to be evaluated extremely carefully and with additional caution because a child witness can always be readily instructed. As a result, her version has undergone a thorough examination.

2. PW3, a young witness, provided testimony. Her evidence reveals that even though the five accused she allegedly named were ordered to stand apart from the other accused, she struggled to identify at least two of them. Regarding the identity of the accused, PW-3 Krishna’s version does not arouse confidence. It is extremely risky, in any event, to convict the accused based on such testimony, particularly given that the sole other eye witness (PW-4) who was believed by the Trial Court was unable to identify even one accused in the Court. The learned Trial Judge observed that the courtroom had enough light and that the faces of the defendants were clearly visible.

3. As the identity of the listed accused as the assailants of the deceased has not been confirmed in court beyond a reasonable doubt, we are of the considered view that this is true. The only evidence left is the purported seizure of the assault rifles at the accused’s request. Only based on the supposed recovery may the conviction not be upheld.

4. As a result, the appellants are exonerated of the accusation brought against them, and their conviction under the in-question judgments and decrees is hereby quashed and set aside. Appellants are free on bail. Their sureties have been released. Hence, the appeal is granted.

READ FULL JUDGMENT: https://bit.ly/419VylD

About Firm

VKS Attorneys is a full-service law firm, offering a spectrum of legal services across India. The Firm brings with it a cumulative experience of over 30 years and counsel for a diverse range of clients. Their team of lawyers have expertise in technology, law, litigation, arbitration, banking & finance, intellectual property rights, real estate, and foreign direct investment

The Firm is professionally managed by seasoned lawyers, retired members of judicial services, and financial and business consultants supported by new-age lawyers with the prowess to work in ever-changing, intricate legal and business scenarios.

Position Title

Associate and Senior Associate – Legal: BFSI and Technology Laws

Responsibilities

• Knowledge and interest in broad areas of banking and finance and technology law. Should have sound knowledge of AIF Regulations, Multiple and Consortium lending documentation, setting up Alternative Investment Funds, issue of debt instruments and non-debt instruments;
• Manage the legal team and execute numerous projects simultaneously;
• Lead Investment transactions for Startups and Investors in the ecosystem, from overseeing the drafting, and vetting to negotiating transaction documents;
• Advice on a broad variety of matters from complex matters to routine standard matters related to IT Contracts such as Software as a Service, Platform as a Service, and Data Protection Laws.

Requirements

• BLS (LLB/LLM) or BA (LLB/LLM) from a recognized university.
• 3 – 5 years of experience in a law firm, boutique, or otherwise.

Location and Compensation

• This is a position based out of Navi-Mumbai.
• Competitive remuneration based on the market standard.

Application

Interested candidates can apply for the position by sharing their resumes on info@vksattorneys.com

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About Firm

Founded in 1985 by Mr V Lakshmikumaran and Mr V Sridharan with humble beginnings, the firm started with a Tax Practice but has gradually expanded to other areas. We are now a full-service law firm offering litigation, consulting and advisory services in Tax, International Trade, Corporate, Commercial Dispute Resolution, Intellectual Property Rights and Food Safety Law through the support of our 700+ professionals.

Job Title

Sr. Associate/Associate – GST-Advisory

Essential Qualification

• CA preferably first attempt or LLB from a known Law School with the strong academic track record.
• Prior experience in Indirect Tax would be preferred i. e. GST and/or customs.
• Excellent Communication and Drafting Skills.

Experience

0-5 years of experience in Indirect tax in the field of litigation or advisory.

Responsibilties

• In-depth research and analysis of legal provisions.
• Drafting of advises, opinions and compliance reports
• Preparation of Power Point presentations for client meetings, trainings, seminars etc.
• Analysis of client data for estimating tax impact on business transactions
• Scenario building for identifying most tax efficient business model
• Contributing in form of articles, monographs, etc.
• Client service delivery/execution
• Ability to pro-actively identify and discuss technical issues with clients while being mindful of firm risk issues
• Handle tax matters with regard to preparation of submissions, replies to notices, appeals etc., meeting the tax authorities, representation during appeals along with seniors etc.
• Executes the work on a multiple client base. Assumes near independent responsibility for smaller clients
• Develops rapport with middle layers of client management
• Develops commercial acumen
• Stays abreast of firm wide and competitor activities and general business trends
• Brings value to the client and manager by applying this knowledge in delivering solutions to clients
• Networking & Identification of opportunities:
• Begins to identify new opportunities for existing clients and communicates to manager
• Networks internally within the peer group and other levels in the firm in order to gain understanding of issues that may impact his clients
• Compiles legal data base and contribute in study session while continuously updating with latest legal developments such as circulars, notifications, decisions

Location

Mumbai, Maharashtra

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Alliance Centre for Intellectual Property Rights (ACIPR) under the aegis of Alliance School of Law, Alliance University, Bengaluru is organizing a “National Workshop on Artificial Intelligence’s Impact on Intellectual Property” on April, 26th 2023 in commemoration of World Intellectual Property Day, 2023.

About the Workshop

Artificial Intelligence (AI) has become ubiquitous in our daily lives, and its impact can be felt across a broad spectrum of fields. With the swift development of AI, it becomes paramount to understand its interplay with the present legal framework. The Intellectual Property (IP) framework is one of the most suitable regimes to deal with the regulation of AI, which is indispensable in the current scenario. This Workshop has been designed to offer insight into AI’s impact on IP.

Eligibility

Students of any year from Five year or Three-year courses or LLM Courses from any college or university, academicians, research scholars or any individuals interested in Intellectual Property Rights.

Mode

Blended (Zoom Platform)

Last date to register

24th April 2023

Timings

• Session 1- 10:00 AM to 12:30 PM
• Session 2- 01:30 PM to 04:00 PM

Resource Persons

• Dr Sheetal Vohra, Managing Partner and Founder, Vohra & Vohra, Gurgaon, Haryana.
• Mr Bharadwaj Jaishankar, Partner, Indus Law, Bengaluru.
• Mr Madhusudan S.T, Partner & Practice Lead (Electronics & Engineering), K&S Partners, Bengaluru.
• Ms Ramya Rao, Partner (Computer & Electronics, Design), K&S Partners, Bengaluru

Fees

The registration fees shall be Rs. 100 which shall be paid at the time of registration.

Perks

E-Certificates will be provided to all registered attendees

Contact Details

In case of any query regarding the workshop, kindly reach out to

Mr. Paarth Samdani- 8007504772
Ms. Ipsita Sarkar- 8010237968
Dr. Upankar Chutia- 9717132331
Prof. Abhishek Sarma- 9643252280
Email: acipr@alliance.edu.in

Registration Link

Payment Link

Brochure

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Gujarat Maritime University is organising a workshop on ‘Protection of Vulnerable People at Sea: A Human Rights Perspective’ on the 17 and 18 of April 2023.

Mode

Online

Platform

Cisco Webex

Speakers

• Prof. (Dr.) S. Shanthakumar – Director, School of Maritime Law Policy and Administration Gujarat Maritime University
• Prof. Irini Papanicolopulu – Associate Professor at the University of Milano – Bicocca (Itlay)
• Prof. Natalie Klein – Professor at UNSW Sydney’s Faculty of Law, Australia
• Prof. James Kraska – Chair and Professor Stockton Center for International Law, US Naval War College
• Mr Mohit Gupta – Assistant Professor Gujarat Maritime University

Schedule

17th April 2023

Timings	Dignitaries	Topics
03: 00 PM – 03:10 PM (IST)	Prof. (Dr.) S. Shanthakumar Director, School of Maritime Law Policy and Administration Gujarat Maritime University	Welcome Address
03:10 PM – 04:20 PM (IST)	Prof. Irini Papanicolopulu Associate Professor University of Milano – Bicocca (Itlay)	International Law and Protection of People at Sea
04:30 PM – 05:30 PM (IST)	Mr Mohit Gupta Assistant Professor Gujarat Maritime University	Protection of seafarers under International Human Rights Law with a special focus on the issue of seafarer abandonment

18th April 2023

Timings	Dignitaries	Topics
03:30 PM – 05:00 PM (IST)	Prof. Natalie Klein Professor at the UNSW Sydney’s Faculty of Law, Australia	Protection of Human Rights of Migrants at Sea
5:30 PM – 06:30 PM (IST)	Prof. James Kraska Chair and Professor Stockton Center for International Law, US Naval War College.	Assessment of Legal Regime Regulating Private Security Personnel on Ships
06:30 PM – 06:40 PM (IST)	Mr Saravanan Ravi Teaching & Research Assistant Gujarat Maritime University	Vote of Thanks

For any query contact maritimelawcourse@gmu.edu.in or on +91- 9605120052.

REGISTRATION LINK

BROCHURE

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About DPIIT IPR Chair

Department for Promotion of Industries and Internal Trade (DPIIT), Ministry of Commerce and Industry, Government of India, launched a Scheme for Pedagogy & Research in IPRs for Holistic Education & Academia (SPRIHA) in the year 2016 under which IPR Chairs have been set up in select universities and academic institutes. This was in accordance National IPR Policy launched by the Government of India in 2016, which proclaims, as one of the objectives under section 7.2, “Strengthen IP Chairs in educational institutes of higher learning to provide quality teaching and research, develop teaching capacity and curricula and evaluate their work on performance-based criteria.”

MNLU Mumbai has been selected by the DPIIT as one of the 12 universities/organizations for setting up IPR Chairs in the country. DPIIT has formulated the norms for establishing and functioning of the IPR Chair under SPRIHA.

Role and Responsibilities

Under the aegis of the DPIIT IPR Chair, MNLU Mumbai the incumbent shall perform the following role and responsibilities;

1. Conduct Intellectual Property Rights (IPR) research in relevant areas of law as directed;
2. Provide research assistance as and when required;
3. Develop, plan, execute, monitor and report Intellectual Property Rights research in collaboration with external universities, institutions, government departments, industrial and economic agencies, and judiciary within India and abroad;
4. Participate in overall planning and development of research, training and extension programs of DPIIT chair activities in the University;
5. Perform any other duties including administration, coordination, etc. as required to achieve the aims and objectives of the DPIIT IPR – Chair and related research centre.

Essential Criteria

1. Master’s Degree in law or LLB Degree with at least 55% marks (or an equivalent grade in a point scale wherever grading system is followed) from an Indian University, or an equivalent degree from an accredited foreign university.
2. Good knowledge of the latest national and international research trends and developments in the relevant area;
3. Ability to conceptualize and organize international training workshops and brainstorming online/onsite discussions apart from teaching/Research.
4. Fluency in the English language and knowledge of using computers is a must.

Remuneration

• ₹40,000/- (Consolidated) for LLM Graduates
• ₹30,000/- (Consolidated) for LLB Graduates

Number of Positions

2

How to Apply?

Updated CV with the filled Prescribed Form should be submitted via email on or before 15th April 2023 (05:30 PM) with the clear subject line “Application for Research Assistant – DPIIT IPR Chair” to recruitment@mnlumumbai.edu.in.

Official Notification and Application Form

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About Firm

Parinam Law Associates is a full-service law firm with 50 lawyers and 7 partners across offices in Mumbai, Delhi and Pune. Apart from prominent civil, commercial and criminal (including white collar crimes) disputes and arbitration practice, the firm will specialize in securities advisory and litigation, corporate commercial and real estate advisory and boast a significant presence in the media and entertainment space. The firm will also have a research arm focusing on new legislation and policy-making and will shortly develop a pro bono consulting and disputes program to provide legal assistance to the underprivileged, charitable foundations, and philanthropists.

They are looking for a highly motivated Real Estate Associate to join our team at Parinam Law Associates. Their firm specializes in real estate law and we are looking for someone who is passionate about this area of law and available to join immediately.

Responsibilities

• Assist with real estate transactions.
• Support commercial real estate financing, acquisition, disposition, and leasing matters through document review and drafting, diligence review, and assisting with all aspects of the closing process.
• Clear and effective drafting and analyzing skills, strong oral communication abilities, excellent time management and organization skills, and a capacity to learn new substantive legal topics as needed are required.

Qualifications

Must have Sanad with four years of experience in a law firm.

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About Firm

Solomon & Co., Advocates & Solicitors, is a full-service, leading independent law firm founded in 1909. They recognize that an expert legal practice requires profound legal knowledge well grounded in local jurisdictions. The Firm has three offices, two in Mumbai and one in Pune which focus on the Western region of India. In order to assist clients on assignments in other parts of India, we work with local correspondent lawyers in over 40 Indian cities, including premier Indian cities such as New Delhi, Bangalore, Hyderabad, Chennai, Ahmedabad and Kolkata.

They are looking to expand our team in Pune and have open positions for transactions legal, contracts and CS. 

Position

Legal Associate

Area of Practice

Real Estate, Litigation and Dispute Resolution, Corporate Mergers & Acquisitions and Banking & Finance, Business and Trade law, Capital Markets and Private Equity, Insurance, Infrastructure & Energy, Patent Filings and Prosecution, Trademark and Service Mark registration and Media & Entertainment.

Requirements

• The candidate must have sound expertise in any of these areas and be keen on working in a dynamic environment.
• PQE between 2 to 7 years.

Application Process

Write in with your profile at Jacqueline.aikin@slmnco.in.

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