Author: LEXPEEPS editor

About the Organization

A multidisciplinary dispute resolution, criminal defence, and civil litigation business, Mandla & Singh Law Chambers has specialised verticals for White Collar Crimes, Blue Collar Crimes, Company Laws, Property & Land Laws, Matrimonial Laws, among other areas of law.

About the Responsibilities  

Applications are now being accepted for long-term and pre-placement internships for students in their final year.

How to Apply?

Interested candidates may apply from here: –  

mandla.singh.lawchambers@gmail.com indicating the preferred month of joining.

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INTRODUCTION

The terms ‘environmental, social, and governance’ are referred to as ESG. Sustainability is viewed holistically by ESG, who believe that it encompasses more than just environmental concerns. The ideal way to define ESG is as a framework for stakeholders to understand how an organization is handling opportunities and risks connected to environmental, social, and governance criteria. Although the word ‘ESG’ is frequently used in relation to investing, other parties including the investment community, clients, partners, and staff are considered stakeholders. They’re all becoming more and more curious about how sustainably an organization operates.

PRINCIPAL POINTS

• ESG is a framework that aids stakeholders in understanding how a company handles opportunities and risks related to sustainability issues.
• ESG has developed from earlier movements that prioritized corporate generosity, pollution reduction, and issues of health and safety.
• ESG has altered many capital allocation and investment decisions.

ESG

1. Environmental: The environmental impact(s) and risk management procedures of an organization are referred to as environmental criteria. These include the firm’s overall resilience to physical climate threats, stewardship over natural resources, and direct and indirect greenhouse gas emissions (like climate change, flooding, and fires).
2. Social: The connections an organization has with its stakeholders are referred to as the social pillar. An organization’s impact on the communities in which it operates and on supply chain partners, particularly those in developing economies where environmental and labour standards may be less stringent, are other examples of factors that a firm may be measured against. These factors include metrics for human capital management (such as fair wages and employee engagement metrics).
3. Governance: Governance describes the direction and management of a business. ESG analysts will work to gain a deeper understanding of how shareholder rights are perceived, how incentives for leadership are related to stakeholder expectations, and what kinds of internal controls are in place to encourage leadership accountability and transparency.

SOCIAL ASPECT OF ESG

The social benefits of ESG go beyond providing access to goods and services for various social groups. It also extends beyond offering work to everyone, regardless of gender, colour, religion, or other characteristics. Despite their importance, these things do not entirely define what it means to be socially responsible.

However, the social impact extends beyond the immediate environment. Additionally, it covers how the organization treats and cares for its personnel. this covers things like paid maternity leave, paid sick leave, paid time off, and pay parity, among other things. All of these factors have an impact on the workers, their families, and their social interactions.

WHY IS ESG IMPORTANT IN TODAY’S WORLD?

We can all agree that having an ESG policy at a company is a good thing. However, it’s crucial to keep in mind that while these developments are positive, they aren’t yet complete and shouldn’t be fully anticipated from such a young movement. While we should support these initiatives, we shouldn’t expect them to be miracles; rather, they should be the beginning of miracles. These initiatives indicate strides in the right direction. People today are becoming more conscious of how their activities impact everyone and everything in their environment. It’s time to take matters into our own hands and take action if we want a different future for everyone—including ourselves, our children, the earth, and all living things.

ESG’s IMPORTANCE IN THE BUSINESS?

There are several reasons which show that ESG is important to a business. It is an important factor in company performance and is the best indicator of environmental, social, and governance success.

• It might enhance a business’s standing and image, which might draw in new investors.
• By introducing new legislation, governments all across the world have the power to influence the triple bottom line.
• By requiring innovation from businesses, it creates a variety of fresh options.
• It benefits the environment, which benefits your grandchildren and the future generations of your family.

WHAT ARE ESG FUNDS?

ESG funds are essentially funds where money is invested in the bonds and stocks of businesses that do well on metrics including the environment, the social sector, and corporate governance. It made investments in businesses that use environmentally friendly practices. Here, the company’s sustainability is evaluated in light of ESG considerations. It will only cover sovereign bonds from nations with high sustainability ratings when it comes to bonds.

IMPORTANCE OF THE FUNDS

• First of all, if a company is sustainable, it demonstrates a greater level of social and financial responsibility. It is crucial because only investor pressure will force firms to act responsibly toward the community.
• This demonstrates how important ESG funds are to the community. As the government focuses more on renewable energy and environmental challenges, it is significant from the investor’s perspective. Additionally, it is anticipated that in the future, companies with significant environmental pollution levels will be subject to the tax.
• More ecologically conscious, healthful, and natural products are becoming more popular among consumers, who are also changing their lifestyles. Companies must make decisions accordingly as a result of the government’s stricter governance regulations.

TOP ESG FUNDS IN INDIA

1. SBI Magnum Equity ESG Fund – This is the ESG segment’s oldest available fund. This fund has been around for at least 8 years. It debuted on January 1st, 2013. Its fund expense ratio is 1.29%, which is greater than that of other funds in this category. This fund has given an annual return of 15.84% since it was founded.
2. ICICI Prudential ESG Fund- This fund was officially launched on January 22, 2020. It has been around for almost 1 year and 8 months. On average, it has given a return of about 39.35%. It has generated a return of about 60.52% over the past year. Avenue Supermarts Ltd., Wipro Ltd., Bajaj Finance Ltd., Tata Consultancy Services Ltd., and Nestle Ltd. have received the majority of their investments. The expense ratio for this product is 0.48%, which is lower than what other thematic ESG funds charge.
3. Quantum India ESG Equity Fund- It is a medium-sized fund with 1920 crores of rupees in assets under management. On September 21st of last year, the fund was established. The expense ratio it charges, 0.6%, is comparable to that of other ESG thematic funds in this market. Compared to its competitors in this market, this fund has a lower exposure to the financial and technological sectors, investing its money in industries including FMCG, chemicals, healthcare, and financials. Regarding the returns, since its debut, it has been able to produce returns of 42.59% annually. The portfolio allocation for this fund is split 95.9% into equities, 0.02% into debt, and 4.08% into other alternatives.

WHAT IMPACT DOES ESG HAVE ON THE ECONOMY?

ESG is resulting in a more sustainable society and an improved environment. It is helping to lower carbon emissions across major economies, reduce deforestation and water waste through better irrigation practices, improve energy efficiency within companies, and create a circular economy. Through its influence on companies, ESG is increasing corporate transparency and accountability. It is empowering consumers to make more sustainable decisions about the products they buy and the companies they support.

WHY FIRMS IN INDIA SHOULD FOCUS ON ESG?

India is seeing an increased focus on ESG. According to a recent report by IT industry group Nasscom and Boston Consulting Group, global companies’ growing efforts in enhancing their environmental, social, and governance goals (ESG) will boost revenue for Indian technology and services companies. Furthermore, several outside factors contributed to the adoption of ESG initiatives by digital companies. Several sizable multinational corporations are requiring that vendors adopt specific ESG objectives to compete for their business. Investment in ESG is a business necessity for organizations. Start-ups are being pushed to focus more on incorporating these into their overall strategy by investors’ requests for them to establish an ESG strategy.

While the larger businesses already had well-defined objectives and an ESG roadmap in place, it would work with the smaller businesses to integrate these into their strategic priorities, begin the process of internal adoption, and develop customer-facing solutions. It was crucial to comprehend the techniques that, given the company’s size and business aims, would apply to it.

Indian enterprises are being forced to reconsider their strategy as a result of the uncertain state of the Indian economic environment and the amplified effects of many environmental and societal disruptions. ESG is developing as a concept to produce long-term value for all stakeholders. The COVID-19 pandemic has highlighted the value of ESG as a fundamental strategy for long-term corporate resilience. Businesses are considering moving beyond non-financial reporting and beginning to report using an integrated profit and loss approach, which aims to correlate or monetize the favourable and unfavourable effects of business operations and products through a variety of capitals, thereby assisting in the creation of long-term value.

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REFERENCES

1. What is ESG and why is it important, available at https://www.esgthereport.com/what-is-esg-and-why-is-it-impor

This article is written by Aditi Jangid, a 1^st year law student pursuing her bachelor’s degree from Delhi Metropolitan Education (Affiliated to GGSIPU).

Introduction

The Constitution of the Republic of India is the largest in the world. It describes India as a Sovereign Socialist Secular Democratic Republic, which has a parliamentary system of governance. The Indian Constitution was adopted on the 26^th Day of November 1949 and was officially enforced from 26^th January 1950. It took 2 years, 11 months, and 18 days for the constituent assembly to write the constitution. The Indian Constitution is a living document and is the supreme source and authority of law in India, but since its creation, the Constitution has been amended multiple times. Beginning with 395 Articles and 8 Schedules, it presently remains stands at 450 Articles and 12 Schedules resulting from 105 amendments. The 1^st Amendment to the Constitution was made in 1951, whereas the most recent, 105^th Amendment, was made in 2021.

Both rigid and flexible, the Indian Constitution is virtually amendable but difficult to change. The Indian Constitution stipulates that the government may amend the constitution as per Article 368. There are two distinct kinds of amending procedures: rigid and flexible. It is highly challenging to modify the Constitution under the rigid system. The U.S., Canadian, and Australian Constitutions are listed under the rigid system, whereas, the flexible approach is how the Constitution can be amended. A provision must be made in any of the houses in accordance with Article 368 of the Indian Constitution, and it must later be approved by a simple majority or a substantial majority. The resolution will be sent to the president seeking approval if a vote passes it.

Three unique amendment techniques, which blend flexibility and rigidity, are included in the Indian Constitution.

• Simple majority approval; is required to amend some sections, which is akin to adopting a regular law. For instance, adding new states, changing the boundaries of states, changing citizenship requirements, etc.
• The special majority’s amendment; According to Article 249, a majority of two-thirds of members is necessary for a vote. A special majority is needed to adopt Rajya Sabha resolutions that are intended to become laws for the State list.
• Special majority and ratification by at least half of the State Legislatures; the articles, such as those governing the election of the President, the subjects included in the Seventh Schedule, the relationship between the Centre and the States, etc., may be amended.

The Supreme Court held in the 1973 case of Kesavanand Bharati v. State of Kerala that the Parliament could not alter essential clauses that make up the fundamental structure of the constitution. Ideologies of the constitution that are necessary for its existence. Free and fair elections, the federal form of the country, judicial oversight, separation of powers, and so on. It indicates that the Constitution’s fundamental legal principles and founding principles serve as its cornerstone.

Important Amendments to the Indian Constitution

1. The First Constitutional (Amendment) Act, 1951 – On June 18, 1951, India’s first constitutional amendment came into effect. All subsequent constitutional amendments followed the model set by this one. The ninth schedule Articles 31A and 31B, and numerous other articles were changed or added because of the first amendment Act. The following Articles were modified by it: 15, 19, 85, 87, 174, 176, 341, 342, 372, and 376. The Acts that make up the ninth schedule are shielded from judicial review. This means that neither the acts nor their legality may be said to violate fundamental rights as the judiciary’s review of parliamentary actions was not effective for the acts as per the ninth schedule, this made it simpler and more straightforward for the government to carry out its objectives through the legislative process of the parliament. They did not need to be concerned about the judiciary disagreeing as a result. Indian people are free to engage in any type of trade or company they choose under Article 19(g). The amendment stated that the nationalization of any trade or enterprise by the state is permitted if it complies with the following requirements and is in the interests of public order, friendly relations with other countries, and state security, the provocation to execute an offence, defamation, and court contempt.
2. The Fourth Constitutional (Amendment) Act, 1955 – The first constitutional amendment and the fourth amendment both address issues concerning property, land acquisition, and zamindari eradication laws. The judiciary fairly maintained the Zamindari abolition legislation and accepted them. Article 31 was amended significantly by the Fourth Amendment, which also added Article 31A. Clause (1) of Article 31A was replaced, and Article 31A (2)(b) was changed to include the terms “raiyats” and “under raiyats” in the group of people whose “rights” in an estate were no longer covered by Articles 14, 19(1)(f), and 31. Additionally, the ninth schedule was changed to include additional performances. Trade and commerce are free according to Article 301. Is a law that establishes a governmental monopoly in breach of Article 301. The Supreme Court’s ruling explains that law empowering state monopoly needs to be proven to be established in the public’s best interests and indicates that it comes under the classification of reasonable restrictions under articles 301 and 304(b), respectively. This was raised in the case of Saghir Ahmed v. the State of U.P., but it was not addressed at the time. However, an amendment to Article 305 clarifies it now.
3. The Seventh Constitutional (Amendment) Act, 1956 – The first schedule, which included the geographical area and boundaries of all the states and union territories, underwent alterations because of the reorganization plan. Articles 258A, 290A, 298, 350A, 350B, 371, 372A, and 378A were included as part of India’s seventh constitutional amendment. Additionally, it changed the constitution’s schedules 1, 2, 4, and 7, as well as Section 8. The fourth schedule, which outlines how members in the Council of States are distributed, has undergone a major revision. This was because the seat counts were based on a 1941 census. The population and demographics of India had undergone a major change, necessitating an alteration in the number of seats for each state. The constitution was amended to add a new Article 258A. In contrast to Article 258(1), which grants state governments the authority to delegate union functions, the Article defined the states’ ability to do so. The distribution of seats among the states and their regions has been altered by amending Article 81. Alterations are made after every census. Additionally, after every census, each state would be divided into territorial constituencies. Based on the 13th edition of V.N. Shukla’s Constitution of India, there was a gap that required the application of Article 258A. This gap was discovered when a state’s implementation of some of its developmental projects ran into a practical problem. The addition of Article 258A filled (fixed) this gap. The seventh amendment made significant modifications to the makeup of legislative bodies and councils. The same calculation as before was to be used, i.e., one seat per million for the initial five million; and one extra seat for every additional two million. As a result, the seat count is updated in accordance with the findings of the most recent census, but the calculation method is unchanged. Due to problems in states with a low population, the strength was increased from one-fourth to one-third. The 1/4th rule was effective for states with high populations, like Uttar Pradesh, but not for those with smaller populations.
4. The Thirty-Eight Constitutional (Amendment) Act, 1975 – According to Article 123, the President may issue ordinances when neither chamber of parliament is in session. However, the President may only do this if he or she is convinced that doing so is absolutely required in the specific situation. As a result, the Constitution has granted the following powers: to the Governor under Article 239B, to the administrator. Articles 123, 213, and 239B have readable language. Since satisfaction is an ambiguous concept, it cannot be quantified. It is inherently arbitrary. According to the amendment, since “satisfaction” is a relative concept, an ordinance should pass if the president is satisfied with it. When the parliament’s two houses are not in session and a crisis arises, an ordinance is passed. There is no time to confer with others or consider the problem in such circumstances. The approval of the president ought to be the sole criterion for action, which must be implemented quickly. After the cases A.K. Roy, etc. vs. Union of India and Anr. and T. Venkata Reddy, etc. vs. State of Andhra Pradesh, the following was decided. The president’s satisfaction is not exempt from judicial review, but it also cannot be dismissed as simply political or cast in doubt just because of a political issue. On the grounds of motivation or lack of application of mind, the ordinance cannot be contested. The authority to enact an ordinance is a legislative authority, not an executive power. If the President’s intentions are being questioned, an ordinance may be called into doubt. When the President acts dishonestly, it may be contested.
5. The One Hundred First Constitutional (Amendment) Act, 2016 –Article 256A, was added to the constitution with the 101st amendment. “(1) Notwithstanding anything stated in articles 246 and 254, Parliament, and according to clause (2), the Legislature of each and every State, having jurisdiction to adopt legislation with regard to goods and services tax levied by the Union or by such State,” the constitution reads. Where the provision of products, services, or both occur during interstate trade or commerce, Parliament alone has the authority to enact laws relating to the goods and services tax. All the states and the center have the same authority to enact laws governing goods and services. Trades conducted within a state are subject to both state and federal regulations. According to Section 269A, “(1) The Government of India shall levy and collect the Goods and Services Tax on goods in the course of inter-State trade or commerce, and such tax shall be appropriated between the Union and the States in the manner might well be produced by Parliament by law on the suggestions of the Goods and Services Tax Council.” The following prerequisites must be met for the provision, regarding the clause, the provision of products or services, or both, for interstate trade or commerce is defined as the importation of such goods or services into India. According to the clause, the sum allotted to a state is not included in the Consolidated Fund of India. If a tax amount is imposed under subsection (1) and collected to satisfy a tax obligation imposed by the state, it will not be included in the Consolidated Fund of India. When a tax is collected that was imposed by a state under Article 246A and utilized to fulfill clause (1), the tax amount collected will not be included in the State’s Consolidated Fund. Through the creation of laws, the Parliament is empowered to determine where interstate commerce in the form of the delivery of commodities, services, or both will occur. The purpose of the 101st Amendment was to create a consistent national tax system. It grants the center and the states simultaneous taxing authority. Added to that are the union territories. With the legislature in session, this authority allows for the passage of laws relating to the tax imposed on goods and services. All domestic deals involving the flow of goods and services would be subject to this goods and services tax.

Scope for Improvement in the Constitution

1. Transparency in Appointment of Judges- Judges in India choose other judges. The remaining judges and HC judges are appointed by the SC collegium, which consists of the Chief Justice and the four senior-most judges. The public is unaware of the reasons why one judge was nominated and another was not since this is done in an opaque manner. To ensure accountability and openness, the Judges should be appointed by a completely independent authority. On this point, the judiciary serves as a check on the legislative and executive branches’ powers, but there is minimal to no control over the judiciary itself.
2. Term Limits on Public Offices- Important constitutional positions including the Prime Minister, President, Chief Minister, Governor, and even Members of Parliament, Legislative Assemblies, all the way down to members of panchayats should have a set number of terms or tenures. No one should be permitted to occupy any elected public office for longer than 3 terms if not 2. Staying for longer durations in a position of power can be misused for personal gains, as we have seen in countries like Russia and China where their head of state misused their powers to remain in power for even longer durations.

References

1. Kesavanand Bharati v. State of Kerala, (1973) 4 SCC 225.
2. Saghir Ahmed v. The State of Uttar Pradesh, 1954 AIR 728.
3. A.K. Roy, etc. v. Union of India, AIR 1982 SC 710.
4. T. Venkata Reddy, etc. v. State of Andhra Pradesh, 1985 AIR 724.

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

CASE NUMBER

Civil Misc. Petn. (Civil) No. 13066 of 1989 in Civil Appeal No. 2628 of 1980

EQUIVALENT CITATIONS

1990 AIR 464, 1989 SCR Supl. (2) 561, 1990 SCC (1) 259, JT 1989 (4) 573, 1989 SCALE (2)1426

BENCH

Sabyasachi Mukharji, V. Ramaswami, JJ

DECIDED ON

20^th December 1989

RELEVANT ACT

Contempt of Courts Act, 1971

OVERVIEW

The petitioner, in this petition, has prayed the court for convicting Respondents 1 and 2 for having committed contempt of court through violation of terms and conditions of the undertaking filed in the Civil Appeal No. 2628 of 1980.

ISSUE

Whether the Respondents 1 and 2 are guilty of contempt of court for violating the terms and conditions of the undertaking of the Civil Appeal No. 2628 of 1980?

BRIEF FACTS

Noorali Babul Thanewala, the petitioner has filed a suit against Respondents 1 and 2 of the Civil Appeal No. 2628 of 1980 for contempt of court stating that the terms and conditions of the undertaking have been violated and prayed the Hon’ble Supreme Court to direct to hand over the suit premises possession to the petitioner.

The petitioner, who is the owner and landlord of the Tika No. 3 City Survey House, bearing Nos. 344/345, Jambli Naka, Thane property, where the Ramakrishna Hindu Hotel or Ramakrishna Hotel restaurant is operated, filed Civil Suit No. 213 of 1970 in the Court of Civil Judge, Senior Division, Thane, against the first respondent and four others, by name P.A. Dange, V.A. Dange, Haribhan Shivale, and Giri Anna Shetty. The suit was decreed by the Trial Court.

Respondent 1 has alone filed an appeal against the decree before the district court and it was dismissed by confirming the order of eviction. He further approached the High Court of Bombay under writ petition No. 354 of 1975 and the court upheld the lower court’s decree and dismissed the appeal. Finally, on approaching the Supreme Court, the appeal was dismissed on 18^th August 1987. However, the court allowed the appellant to continue the business till 31^st March 1989, stating, “appellant and all those persons who are now occupying the premises as employees or staff and are staying in the premises file a usual undertaking in this Court within eight weeks from today stating inter alia that they will hand over and deliver over vacant possession of the premises on the expiry of the period mentioned above and also indicate that they will go on depositing the mesne profits until the possession is delivered. In default of furnishing or filing the undertaking in the manner indicating within the time aforesaid the decree of execution shall become executable forthwith.”

Raghuram A. Shetty, the second respondent in this petition, filed Civil Suit No. 306 of 1989 in the Thane Civil Court sometime in the early months of 1989 asking for a declaration that the eviction order obtained concerning the subject premises in Civil Suit No. 213 of 1970 cannot be executed against him and for a permanent injunction against the petitioner. He also filed a request for a preliminary ban on carrying out the aforementioned decree. An interim injunction was granted as requested by the Thane Civil Court. This is how the petitioner, in this case, filed this contempt petition against the first respondent, the plaintiff in Civil Suit No. 306 of 1989, as well as the original tenant, K.M.M. Shetty.

The second respondent has filed a reply statement in which he contended that on November 29, 1986, P.A. Dange acquired the hotel business that was being operated by the tenant, K.M.M. Shetty, on the ground floor of the suit premises under the name and style of Ramkrishna Hindu Hotel, and that, according to an agreement dated January 2, 1967, the said P.A. Dange, with the tenant’s consent, transferred the said business and the exclusive possession of the later, on January 8, 1972, the tenant and the second respondent signed a new agreement under which the second respondent agreed to pay the tenant a royalty. To the petitioner’s knowledge, the second respondent was still occupying the property and operating a business, but he was not named as a party in the eviction suit or the subsequent proceeding, so he was not subject to the eviction decree. The landlord-petitioner has submitted a reply to this response.

This Court stated “the order granting the injunction against the petitioner from executing the eviction decree against the second respondent shall not be effective and that the petitioner is entitled to execute the decree for eviction against all people who are in possession of the property after discussing in detail the various developments of the case brought about by the first respondent as well as by the second respondent herein. The court found the first respondent guilty of contempt for wilfully disobeying the undertaking he made in front of the court.”

DECISION

The question that had been raised in front of the Hon’ble Supreme Court was the punishment to be given to the first respondent and the relief to the petitioner. The learned counsel for the first respondent had stated on behalf of his client stated that his client was an 84-year-old man, and was willing to hand over vacant possession to the petitioner and that he was unable to comply with the undertaking bona fide given the facts and circumstances.

The court stated, “When an order is given on the basis of an undertaking, the order amounts in substance to an injunction restraining that party from acting in breach thereof. The breach of an undertaking given to the Court by or on behalf of a party to a civil proceeding is, therefore, regarded as tantamount to a breach of injunction although the remedies were not always identical.”

The court further stated, “To enforce an undertaking, it is treated as an order and if the terms and conditions of the undertaking are not complied by the party, there would be consequences upon them for the disobedience of an order for an injunction. It is established law that misconduct amounting to contempt includes violating an order of a court or an undertaking made by a party to a civil case in whose favour the court sanctions a certain course of action. In these situations, the remedy could be a warning to the contemnor to stop, a jail sentence, a fine, or any combination of those. We believe that a simple sentence of imprisonment or a fine will not serve the interests of justice in this case given the facts and circumstances and the fact that the undertaking was broken.”

The court decided that the first respondent is guilty of contempt of court due to the wilful disobedience of the undertaking. Accordingly, he was convicted and sentenced to pay a fine of Rs.500 within four weeks, failing which he would suffer simple imprisonment for one month, and also directed to deliver vacant possession of the premises forthwith to the petitioner to the extent possible by him. The court also further directed the District Magistrate, Thane, to evict all those who are in physical possession of the property including the 2nd respondent and his men, and if necessary, with police help and hand over the vacant possession of the premises to the petitioner. However, the court discharged the rule issued against the second respondent.

CONCLUSION

The courts are considered to be the administrators of justice in the nation. The order or decree passed by them is required to be followed. Apart from the Contempt of Courts Act 1971, the Constitution prioritizes the process of contempt of court to maintain justice and equality in society. Under the Indian Constitution, the Supreme Court of India, i.e., the Court of Record can hold any party liable for contempt of court, if anything wrong has been committed against the decision of the courts under Article 129.

Also, Article 142 (a) states that the Supreme Court has the full authority to issue an order securing anyone’s attendance, the production of any documents, or the ability to penalize anybody for disobeying any law passed by the Parliament regarding the requirements specified in clause 1 of this Article. Since the Supreme Court has the authority to impose penalties for contempt of court, this does not imply that it can take any action that violates an individual’s right to personal liberty. We are aware that because the Indian Constitution is the custodian of all our rights, it must protect them and cannot infringe on them directly.

The Hon’ble Supreme Court made it clear that any person disobeying the decree of the court would be tried for contempt. The party’s non-compliance with the decree would disrupt the process of justice. The court has also made it clear that any undertaking given by the parties to the court will be considered an order and not adhering to the terms and conditions would also be considered contempt of court.

This article is written by K. Mihira Chakravarthy, 2^nd year, B.A. L.L.B student from Damodaram Sanjivayya National Law University.

About the Organization

Dhir & Dhir Associates is a full-service legal firm that offers knowledge and skills spanning more than 20 years in a variety of industries and practise areas.

About the Responsibilities  

The company is seeking candidates for Associate and Senior Associate positions in Dispute Resolution, Insolvency and Bankruptcy, and Corporate and Commercial Litigation.

As an associate you are required to: –

• Writing pleadings, attending court and tribunal hearings, and briefing Senior Counsel would be the main duties.

Location

New Delhi & Mumbai

Eligibility

• knowledge and comprehension of corporate and commercial litigation laws, bankruptcy and insolvency laws, arbitration laws, and dispute resolution legislation.
• High Court (Delhi/Mumbai), NCLT Benches (Delhi/Mumbai), NCLAT, and DRT Appearance and Filing (Mumbai)
• PQE-1-5
• Outstanding Writing, Presentation, and Drafting Skills
• Exceptional Communication Skills
• Should be capable of managing Client and Counsel on their own.
• A wide range of research skills, especially on case indexing systems like SSC Online and Manupatra

How to Apply?

Interested candidates may apply from here: –  hr@dhirassociates.com

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.

For regular updates, we can catchup at-

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About the Organization

For its office in Hauz Khas, New Delhi, the Law Chambers of Laksh Khanna, Additional Public Prosecutor, High Court of Delhi, is seeking to engage a long-term, salaried intern.

Eligibility

• Students who are in their final or second-to-last year of college and are interested in a long-term internship position in criminal litigation should submit an application. People who are entertaining, imaginative, or talented get extra marks.

How to Apply?

Interested candidates may apply from here: – brief description of yourself alongwith your CV to laksh@lakshkhanna.in or 9910900059

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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https://www.linkedin.com/company/lexpeeps-in-lexpeeps-pvt-ltd

About the Organization

Clergy and Wisemen (C&W) is a full-service law practise that plays a PAN India role in offering End-to-End legal solutions.

About the Responsibilities  

Clergy and Wisemen is looking for a variety of positions, including long-term interns and associates. They are now looking for positions in litigation, contracts lifecycle management, and legal innovation.

For more details: –

• https://www.linkedin.com/posts/prateek-lakra-01_hiring-hiringnow-legal-activity-6964098488422809600-g38s/?utm_source=linkedin_share&utm_medium=android_app

How to Apply?

Interested candidates may apply from here: – career@clergywisemen.com

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.

For regular updates, we can catchup at-

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LinkedIn:

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Amity Law School, Amity University Madhya Pradesh is organizing their National Mediation Competition 2.0, scheduled to be held on September 29 to 30 and October 13 and 14, 2022 in Hybrid Mode.

ABOUT

Mediation Committee, Amity Law School, Amity University Madhya Pradesh is organizing the National Mediation Competition 2.0, 2022 to offer law students across the country an opportunity to cultivate and enhance their mediation and negotiation skills.

FORMAT

• Each participating team shall comprise 3 members which one (1) member shall be designated as Mediator, one (1) member as Client, and one (1) as counsel.
• Online Mode:
  • September 29, 2022: Inaugural ceremony, Qualifying Round, Preliminary Round
  • September 30, 2022: Pre-Quarter FinalsQuarter Finals
• Offline Mode:
  • October 13, 2022: Semi-Finals
  • October 14, 2022: Finals Valedictory Session

ELIGIBILITY

Participants can be from any undergraduate or postgraduate courses. There is no cap on the number of teams that may participate from an Institution.

DETAILS

• The online google form to register for the Competition is given at the end of this post.
• Deadline:  The last date for payment of the registration fee is 11:59 PM, September 10, 2022.
• Registration Fee
  • The registration fee shall be INR 1050 (one thousand fifty only) for each team.
  • The registration fee shall be non-refundable and non-transferable.
• The teams must pay their registration fees on the following UPI ID: deewakar2270@axl

PRIZES

• Best Mediating Pair: INR 7,000/- (Seven Thousand Only).
• Best Mediator: INR 3,500/- (Three Thousand Five Hundred Only).
• 1st Runner-up Mediating Pair: INR 4,000/- (Four Thousand Only).
• 1st Runner-up Mediator: INR 2,000/- (Two Thousand Only).
• 2nd Runner-up Mediating Pair: INR 2,000/- (Two Thousand Only).
• 2nd Runner-up Mediator: INR 1,000/- (One Thousand Only).
• Consolation Mediating Pair: INR 1,000/- (One Thousand Only).
• Consolation Mediator: INR 500/- (Five Hundred Only).

LINKS

BROCHURE

RULEBOOK

CONTACT DETAILS

+91 75689 49466

https://forms.gle/o1XPqSCZdm67q8Rx8

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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The Constitutional Law Society is inviting candidates to the panel discussion on ‘Strategic Litigation on Digital Rights: Examining Issues of Online Content Moderation, Internet Shutdowns and Intermediary Regulations’ that is being organized in collaboration with Internet Freedom Foundation.

ABOUT

The Internet Freedom Foundation (“IFF”) is a registered charitable trust which advocates to protect and advance constitutional freedoms in a digital society. It works across a wide spectrum of issues, with expertise in free speech, electronic surveillance, data protection, net neutrality and innovation; and aims to champion privacy protections, digital security, and individual freedoms in the digital age.

DETAILS

• Date – August 30, 2022
• Time – 5:00 pm to 6:30 pm
• Interested candidates must register themselves for the panel discussion through this link.
• Online, via Google Meet

CONTACT DETAILS

cls@nluo.ac.in

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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National Law University, Delhi is organizing an online free course on Intellectual Property for 15 weeks on the online e-learning platform Swayam.

ABOUT

The course is launched on the SWAYAM platform by the Ministry of Education, Government of India and is offered by Dr Yogesh Pai, Associate Professor of Law, in charge of the SPRIHA IPR Chair and Co-Director of the Centre for Innovation, Intellectual Property and Competition (CIIPC) at National Law University, Delhi. Various IP experts (academics, legal practitioners, in-house counsels, and public-policy analysts) in India have contributed to the development of the course.

DETAILS

1. The course curriculum contains forty-one modules in four different quadrants: e-texts (3000-5000 words per module), additional readings, up to 30-minute video lessons (per module), and assignments containing 12 questions per module).
2. The course covers wide areas of study that include fundamentals of IP, historical origins and international obligations, the economics of IP, justifications, nature of IP subject matter, criteria for protection, term, rights, infringement, assignment, and licensing, defenses, exceptions, public interest considerations, remedies and enforcement.
3. The course will also contain topics that involve the interface of IP with areas such as human rights, free speech and competition law.
4. Online on the e-learning platform Swayam

https://onlinecourses.swayam2.ac.in/cec22_lw12/preview

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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https://chat.whatsapp.com/G4bxdgRGHY8GRzOPSHrVwL

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