Author: LEXPEEPS editor

Law Mantra Trust, Maharashtra National Law University (MNLU), Nagpur, Faculty of Law and Administration, Jagiellonian University, School of Law, Texas A & M University, Faculty of Law, University of Colombo, Sri Lanka are organizing an International Seminar on Alternative Disputes Resolution and Intellectual Property Rights on September 9 and 10, 2022.

ABOUT

The Faculty of Law of the University of Colombo, which is the only Faculty of Law in the entire University system of this country, traces its origin to the Department of Law in the Faculty of Arts of the then University of Ceylon established under the Ceylon University Ordinance No. 20 of 1942. The Department of Law was established in July 1947 under the Faculty of Arts.

ELIGIBILITY

Students, Research Scholars/Faculties/Academicians, Corporate Delegates, Business entities, and Lawyers may register for the International Seminar.

THEME

1. Resolving IP disputes through ADR.
2. The Singapore Convention and its opportunities/ implications for IP mediation
3. Role of Mediation in IPR (Copyright, Patent, Trademark, Geographical Indication, Traditional Knowledge and Industrial Designs)
4. ADR for Digital Copyright and Content Disputes
5. ADR for domain names disputes
6. ADR and Copyright Litigation
7. WIPO and its impact on the use of ADR in Copyright Disputes
8. ADR for Patent Disputes
9. Use of ADR in B2B digital copyright disputes
10. Fashion Industry, IP Rights and ADR
11. ADR and IP rights – comparative approaches in multiple jurisdictions

Note: Above mentioned topics are not exhaustive for the International Seminar, but other topics can also be accommodated if it’s in line with ADR and IPR.

SUBMISSION GUIDELINES

1. Abstract (of about 250 words) should be sent as an attachment in a word file. Abstracts will be peer-reviewed before they are accepted.
2. The following information, in the given format, should be sent along with the Abstract:
3. Name of the Participant, Official Designation/Institution Details, Address and Email id, Title of Abstract
4. Submit your abstract to seminarnlus@gmail.com
5. The title of the paper should be followed by Name, Designation, Name of the Organization / University / Institution and Email address.
6. It is mandatory to mention your Email address, as all future correspondence will be through it; Name and details of the Co-author, if any.
7. Chapter: The chapter should be in Times New Roman 12-point font and double-spaced.
8. The main Title should be in full capitals, bold and centred 12-point font.
9. Sub-titles should be in sentence case, bold and 12-point font.
10. Author’s names should be in small capitals and centred 12-point font Footnotes should be in Times New Roman 12-point font.
11. Citation Format: Please use footnotes rather than endnotes.
12. Footnotes should conform to The Indian Law Institute, New Delhi Style.
13. Submission of the abstract: A covering letter with the name(s) of the author(s) and address, designation, institution/affiliation, the title of the manuscript and contact information (email, phone, etc.) is compulsory to submit.
14. All submissions for the International Seminar must contain an abstract of not more than 300 words with 5 Minimum Keywords.
15. The originality of Manuscripts: All the contributions should be the original work of the contributors and should not have been submitted for consideration in any other Publication. Any plagiarized work will be out-rightly rejected.
16. Copyright: The contributions presented to and accepted for publication and the copyrights therein shall be the Intellectual Property of Law Mantra.
17. The title of the Chapter should be followed by Name, Designation, Name of the Organization / University / Institution and Email address.
18. It is mandatory to mention your Email address, as all future correspondence will be through it. Name and details of Co-author, if any.
19. The paper should be typed in MS WORD format (preferably 2007 or 2010).
20. The paper must be in a single-column layout with margins justified on both sides.
21. The length of the paper should not be below 4,000 words (including footnotes) and Should not Exceed more than 10,000 (Including Footnotes).

REGISTRATION FEE

1. For Student – INR 1,000
2. For Faculty/Professional/Research Scholar/Other – INR 2,000
3. For foreign participants – NIL
4. For Organizing Institutions – NIL

IMPORTANT DATES

1. Submission of Abstract – August 20, 2022
2. Confirmation of Abstract Selection – August 22, 2022
3. Registration – August 28, 2022
4. Submission of Draft Paper (Proposed Paper) – September 5, 2022
5. Seminar Date – September 9 and 10, 2022
6. Submission of Final Paper – October 10, 2022
7. Publication of Selected Paper – By July 2023

CONTACT DETAILS

seminarnlus@gmail.com

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-Report by Ishika Sehgal

The Supreme Court said on 19 July that no coercive measures be used against her in connection with the numerous FIRs filed in various states about her comments on the Prophet Mohammed during a television channel debate on May 26th. The Court declared that the same relief would apply to any subsequent FIR or complaint that might be filed against her with regard to the same transmission.

The apex court harshly criticized Sharma for her derogatory remarks about the Prophet on July 1, saying that she is “single-handedly responsible for what is happening in the country” and that her “loose tongue” has “set the entire country on fire.” Sharma’s remark on the Prophet during a TV debate triggered protests across the country and drew sharp reactions from many Gulf countries. The petition was withdrawn by Sharma’s attorney in response to the bench’s scathing comments. She was later expelled from the BJP. The murder of a tailor in Udaipur by two individuals, who had posted videos online and claimed to be avenging an insult to Islam, had been the backdrop of the court’s observations
against the suspended BJP leader. Sharma filed a new case with the Supreme Court asking for protection from arrest as well as the reinstatement of her withdrawn suit asking for the clubbing of FIRs filed in various states due to her comments on the Prophet Mohammad.

The petitioner has claimed 4 events including a horrific video that has gone viral, Khadim of the Ajmer Dargah calls for the application or petitioner’s throat to be slit, and A resident of Uttar Pradesh created a popular video criticizing the petitioner in an offensive manner and also, she anticipates being arrested immediately as a result of a “lookout circular” from the Kolkata Police that was issued on July 2, 2022. Senior Advocate Maninder Singh, Sharma’s attorney, claimed that since the Supreme Court’s order of July 1, genuine and serious life threats have been made against her. As a result of these threats to her life and liberty, Sharma is unable to use the alternative remedy of going before the High Court, as the Supreme Court had earlier instructed.

After taking into account this argument, the bench stated that its top priority is to protect Sharma so she can exercise her legal rights. This Court’s concern was to make sure the petitioner can use the proper remedy as provided by this Court’s ruling from July 1, 2022. Additionally, it was permitted to serve the respondents by dasti notice and through each of their respective Standing Counsels. The court also said that as an interim measure, it is directed that no coercive action shall be taken against the petitioner pursuant to the impugned FIR(s)/complaint(s) or the FIR(s)/complaint(s) which may be registered/entertained in the future pertaining to the telecast dated 26.05.2022 on Times Now.

-Report by Rhea Mistry

In Kamal Khudal v. the State of Assam, the supreme court stated that conviction can depend upon a dying declaration after corroborating and checking whether the said dying declaration is true. Even if the dying declaration is not corroborated, the court can move forward with the decision relying on it without any further verification.

Kamal Khudal is a convict, appellant herein, and has appealed to the supreme court to dismiss his punishment. Kamal Khudal and two others were accused of the murder of the deceased, Uttam Datta, and charged with an offense punishable under section 302 read with section 34 of the IPC.

In the judgment dated 10.06.2010, the two accused, Munna Bhoi and Kamal Khudal were charged with life imprisonment with a fine of Rs. 2000/- each, and if there is a default in payment of the fine, further punishment of rigorous imprisonment for a period of two months. Bipin Bhoi, the third co-accused was granted the benefit of the doubt and acquitted from the punishment.

In that case, on 15th July 2007 at 7 am, the co-accused, Munna Bhoi had come to receive the deceased, Uttam Datta, for paddy plantation adjacent to his liquor local shop. When the deceased had left with the co-accused, the brother of the deceased was present at home. After working in the field for some time, the deceased had tagged along with Munna Bhoi to his liquor shop where there was some commotion detected after going in shop as said by
the locals in its vicinity area.

After a few minutes of commotion, the deceased had come out with burns all over him, and this was witnessed by a local, Hanu Khetrapal. When asked about what had happened, the deceased had told him that the accused had poured hot Lali (the raw material used to make liquor) over him which caused him the burns. The deceased left and later his dead body was found in the drain of Duribam Tea Estate.

The learned counsel of the appellant asserted that the court had made an error in deciding the case. He stated that the judge considered the dying declaration without any corroboration and verification, and said the case is “reliable in legal evidence”. Arguing that as per the rule of prudence, the learned counsel stated the court should rely upon corroboration before relying on the dying declaration. The presence of the brother of the deceased, while the deceased went along with the accused, does not prove anything and cannot be considered as last seen together.

According to the medical reports of the postpartum of the deceased done by Dr. Nirmal Chutia, he examined that the deceased had healthy organs, but burns all over his body. His body has 75% of burns which caused multiple dark ecchymosis on his skin. Ecchymosis means discoloring of the skin resulting from blood underneath. He certified that the marks and injuries were caused after the death of the deceased and that the cause of death was shock and hemorrhage resulting from chest & skull injuries and skull injuries, including that on the thorax, multiple injuries had been detected.

The Supreme Court stated that the High Court decided the case accepting the dying declaration. The court said

“The law regarding the nature, scope, and value as a piece of evidence of oral and written dying declarations is now fairly well settled by various judicial decisions of this Court. A dying declaration, oral or written, before it could be relied upon, must pass a test of reliability as it is a statement made in the absence of the accused and there is no opportunity for the accused even to put it through the fire of cross-examination to test is genuine or veracity. The court has, therefore, subjected it to close scrutiny. But once the court is satisfied that it is a truthful version as to the circumstances in which the death resulted and the persons causing injuries, the law does not expect that there should be corroboration before it can be relied upon. However, if there are infirmities and the court does not find it safe to base any conclusion on it without some further evidence to support it, the question of corroboration arises.”

The maxim “Nemo moriturus praesumitur mentire” is put to use here which means that a person does not go to his creator with a lie in his mouth. The court believes that when a man is on the brink of death, the person will not lie.

The SC also stated that the appellant was arrested on 23rd July 2007 when he was supposed to be arrested on the 15th of July 2007. And that the appellant has not revealed what or where he was from the 15th of July to the 23rd of July. This proves that he was absconding. The Supreme court dismissed this appeal stating that there is no reason for them to interfere in the appeal and the judgment made by the High Court stands by.

About the Organization

With more than 40 years of experience in design, detailed engineering, procurement, project management, construction supervision, and commissioning of infrastructure, housing/township, refinery, oil & gas, power, and fertiliser projects, Projects & Development India Limited is a leading design engineering and consulting firm.

About the Responsibilities  

Applications are being accepted from qualified applicants for the position of Company Secretary & Legal Officer at Projects & Development India Limited (PDIL). Young lawyers are encouraged to apply online for the role of Company Secretary & Legal Officer.

As an associate you are required to: –

• ensuring adherence to the numerous clauses of the Companies Act of 1956, the principles of corporate governance, and other corporate laws relevant to the company, such as the SEBI Act, Competition Act, FEMA, Consumer Protection Act, RTI, etc.
• Convene board meetings and other committee meetings, annual general meetings, etc.; prepare the agenda, the minutes, and coordinate the meeting, etc.
• Maintain records, registers, and books in accordance with applicable legislation, including completing forms and filing returns with the MCA, RBI, and DPE, among others.
• Act to implement the company’s corporate policies and procedures relating to business operations, and advise management on the consequences of numerous laws in developing its long-term strategies.
• Follow up with various government departments to check that laws are being followed, etc.
• On behalf of the entire organisation, the incumbent must be able to handle independently all legal issues, suits, matters, vetting, and legal clarifications (if referred), which are before various courts, tribunals, and outside legal /statutory enforcement authorities.

Openings

1

Salary

INR 60,000-1,80,000

Eligibility

• ACS/FCS from the Institute of Company Secretaries of India (ICSI), as well as a Regular/Part-Time Bachelor’s Degree in Law.
• Candidates with extra qualifications like a CA/ICWAI degree will receive preference.
• The candidate must have worked for a minimum of two (2) years in a PSU or government entity at a level below their salary scale, which was either Rs.20,600-46,500/- (2007) OR Rs.50,000-160,000/- (2017).
• Candidates should have strong computer, MS Office, and industry application skills.

Deadline for Applying

July 31, 2022

How to Apply?

Interested candidates may apply from here: – https://pdilcareer.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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About the Organization

Private legal school Army Institute of Law (AIL) is located in Mohali, Punjab, India. The Army Welfare Education Society is the organisation in charge of the institution, which is connected to Punjabi University, Patiala.

About the Responsibility  

For the position of Placement Officer, Army Institute of Law, Mohali is accepting applications from qualified applicants.

Location

Mohali, Punjab

Openings

1

Stipend

INR 56,000

Eligibility

• Postgraduate with a minimum of three years’ corporate sector experience
• Candidates with LLB/ LLM/ MBfu, PGDM/PGDCA, and ESM degrees will be given preference.

Deadline for Applying

August 1, 2022

How to Apply?

Interested candidates may apply from here: –

https://ail.ac.in/pdf/SITUATION%20VACANT%20%20PLACEMENT%20OFFICER.pdf

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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Rajiv Gandhi National University of Law is organizing the 1st International Blog Writing Competition.

ABOUT

The Centre for Advanced Study in International Humanitarian Law (CASH) is an esteemed research centre of Rajiv Gandhi National University of Law, which is dedicated to research in the field of International Humanitarian Law (IHL).

It aims to ensure that future leaders and opinion-makers understand the practical relevance of the subject of IHL, and have a thorough knowledge of its basic principles.

THEME

• The Duty to Protect by Military Force: Developing Standards for Humanitarian Intervention?
• Personnel Protection in Peace Operations: The Safety Convention’s Function in the Context of General International Law
• Protecting the Environment in Relation to Armed Conflict – The Role of Multilateral Environmental Agreements
• An analysis of the effectiveness and legality of using biological weapons during conflicts under international humanitarian law
• International Humanitarian Law: Terrorism and counter-terrorism
• Even wars have limits: The normative framework of IHL
• Interfaith coexistence: Together and Forever
• Sexual Violence: An inevitable aspect of armed conflict
• Humanitarian crises and rights of personals

SUBMISSIONS

https://forms.gle/WuEeoBnqnJKeUVvC7

• The deadline for submission of blogs is 15th August 2022. No entry after the deadline shall be entertained.
• The subject and theme of the blog should deal with any contemporary topic related to international humanitarian law. We expect the submissions to be of interpretive, exploratory, and non-descriptive style.
• All submissions must be in Times New Roman, Font size 12, Spacing 1.5, Justified. The word limit should range between 1000-1500 words.
• A maximum of two-level headings is allowed.
• References should be incorporated in the body of the article itself through hyperlinks. No endnotes or footnotes shall be used.
• Co-authorship of a maximum of 2 is permitted.
• We follow a strict no-plagiarism policy. Articles with more than 10 per cent plagiarized content shall be summarily rejected. The author(s) bear sole responsibility for the accuracy of facts, opinions, or views stated in the submitted Manuscript.
• The manuscripts must be submitted through the Google form. All entries should be submitted in .doc or .docx format and the file must be titled “CASH- Blog submission”.
• Copyright of all published blog posts shall remain with the Centre. All Moral Rights shall vest with the author(s).
• While submitting the blog, the author shall mention a declaration in the mail as follows: “If selected for publication, the author gives the copyright of the work to the Centre. The author also declares that this is the original and unpublished work of the author(s)”.
• Please note that any submission not conforming to these guidelines may be rejected. In the event that the blog submitted to CASH has been already submitted and rejected at any other platform, the author must withdraw it.

CONTACT DETAILS

cash@rgnul.ac.in

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Faculty of Law, Manipal University Jaipur is organizing a 2 Day Workshop.

ABOUT

Manipal University Jaipur (MUJ) was launched in 2011 on an invitation from the Government of Rajasthan, as a self-financed State University. MUJ has redefined academic excellence in the region, with the Manipal way of learning; one that inspires students of all disciplines to learn and innovate through hands-on practical experience.

REGISTRATIONS

https://forms.gle/mFhrjUHQm3oJviB16

DEADLINE

15th October 2022

CONTACT DETAILS

+91-8890134440

BROCHURE:

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The Campus Law Centre, Faculty of Law, University of Delhi is organizing an Essay Writing Competition in collaboration with the Centre for Environmental Law, Education, Research & Advocacy NLSIU, Bangalore, under the aegis of the Ministry of Housing and Urban Affairs.

ABOUT

With the aim of understanding the plight of street women and children and creating awareness and empathy in society, DU and NLSIU present the Essay Writing Competition.

This competition endeavours to stimulate interest and foster growth amongst students from all domains to understand the contemporary struggles of street women and children.

ELIGIBILITY

This competition is open to undergraduate and postgraduate students from all disciplines. Submissions from Academicians, Regulators, Policy Makers, Research Scholars, and NGOs are also accepted.

SUBMISSION GUIDELINES

• Every participant can submit ONLY ONE essay on any one of the given themes.
• Co-authorship is not permitted. Each entry should be an original and unpublished essay, either in English or Hindi.
• The word limit is between 1500-3000 words, including footnotes.
• Entries must be formatted in Times New Roman, font size 12 with 1.5 spacing.
• Footnotes should be in Times New Roman, font size 10 with 1.0 line spacing.
• Endnotes are not allowed. The writings must conform to the “Indian Law Institute, Rules of Footnoting”.
• Authors may visit the freely accessible website of the Indian Law Institute.
• Every essay must clear anti-plagiarism checks and be supported by a bona fide certificate, duly signed by the Registrar / Vice-Chancellor or other Appropriate Authority.

THEME

• Temporary Dwellings: A Problem or a Solution?
• Slum-free cities – Solutions and Strategies

DEADLINE

September 4, 2022

CONTACT DETAILS

+91 86172 48458

https://docs.google.com/forms/d/e/1FAIpQLSfPwpPsrMqWpXQX3P4YQXPH7qS8fsxspDz5ysk3TBYcQU1eKA/viewform

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Centre for Environmental Law, Education, Research and Advocacy (CEERA), National Law School of India University, Bangalore (NLSIU) is organizing a two-day International Conference on the theme of Self-Reliance in Trade and Development: Re Defining The Contours of Law and Policy.

ABOUT

The Conference is being conducted in furtherance of the two-year project “Towards the development of a Robust Legal & Policy Framework in Protection, Promotion and Standardisation of Indian Businesses: Enhancement and Implementation of the AatmaNirbhar Bharat Vision” granted by the Indian Council of Social Science Research (ICSSR).

The project focuses on proposing a Plan to Promote (Make in India), Protect (Indian enterprises) and Standardize (Indian products) and prepare a Policy on the Promotion, Protection, and Standardization of the Make in India Initiative towards the achievement of AatmaNirbhar Bharat.

GENERAL DETAILS

• Dates: January 20-21, 2023
• Mode: Hybrid mode (online and physical)
• Venue: Training Centre, National Law School of India University, Bangalore

ELIGIBILITY

• Representatives of Government and Regulatory Bodies.
• Lawyers, Legal Professionals, Consultants, Practitioners.
• Academicians, Students, and Research Scholars from the disciplines of Law, Finance, Business Management, Commerce, and Public Policy. 
• Members of Research Institutes, Non-Governmental Organisations (NGOs).
• Representatives from Companies or other Institutions.

REGISTRATION FEE

• Observer Participant: INR 3,000/- (Rupees Three Thousand only)
• Single Author: INR 3,000/- (Rupees Three Thousand only)
• Two Authors: INR 6,000/-(Rupees Six Thousand only)

CONTACT DETAILS

anuja.shah@nls.ac.in

https://docs.google.com/forms/d/e/1FAIpQLSe6WYydI_Kad2GIrdpKABUpI9vzS5e2uy3RFD7qdN3Dw6UmbQ/viewform

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CITATION

78/2019; 77/2019; 79/2019; 76/2019

BENCH

Justice Manojit Bhuyan; Justice Soumitra Saikia

FACTS AND BACKGROUND OF THE CASE

In the present-day, internet and social media platforms have gained importance over a period of time. The government’s frequent action of shutting down internet services for one region or another on the ground of ‘Public Safety’ has now become a hindrance in the life of people. Despite recognition of Right to Internet under Article 21 of Indian Constitution, it failed to provide relief to citizens. Due to the widespread protests in regions of north eastern areas, it led to chaotic situation in country, resultantly government was forced to shut down internet services as claimed by government of various states. In the instant case there were four petitioners namely Advocate Banashree Gogoi, Deva Kanya Doley, Randeep Sharma and Journalist Ajit Kumar Bhuyan who filed a Public Interest Litigation to challenge the notifications of Government of State of Assam that suspended the internet services on 11^th December 2019. Government banned internet services in 10 of its districts for a complete day and reasoned its action as to stop further protest that may happen due to the newly amended Citizenship Act.

LAWS INVOLVED

Article 32: The right of every citizen to move to Supreme Court if his/her any fundamental right is violated. Supreme Court can issue writs to any government authority, private authority or private individual for that matter.

Article 226: It provides power to High Court for enforcement of fundamental rights or other legal rights by way of issuing writs to any government authority, private authority or private individual for that matter.

Indian Telegraph Act, 1885: It provides that Indian Government has exclusive jurisdiction over maintain, establishment, operating, licensing and oversight over systems either wired or wireless. 

Section 5 (2) Indian Telegraph Act, 1885: It gives authority to governments both at central and state level for preventing of transmission of messaging during a situation of public emergency or for public safety or in the interests of sovereignty, integrity and security of India.

Temporary Suspension of Telecom Services (Public Emergency or Public Safety), 2017: It empowers the government to shutdown internet services in any particular region by way of notification based up on public emergency.  

ISSUE

Whether the State Government of Assam had enough reasons for contentment of public to justify the further continuation of ban on internet services?

DECISION OF COURT

It was recalled by court that an order dated 17-12-2019 has already been passed, that despite of restoration of normal conditions in state the Government of Assam refused to lift the ban on internet services; this results in freezing the entire working of cities. Due to the problems faced by many locals of state in their day-to-day lives, the Hon’ble Supreme Court passed an order that suggests the state government to restore internet services for fewer hours and to justify their action of continuing suspension. It was contented by petitioner that the term ‘Law and Order’ and term ‘Public order’ have different meanings and State Government is not making any effort for assessing the situation for peaceful ‘Public Order’. Whereas, State Government claimed it reviewed its decision where they put forward those inputs from various agencies and a meeting among State Authorities regarding the issue led to decision’s continuation.

It was argued the restoration of broadband services and lifting of curfew itself shows that ‘grave’ law and order situation has already waved away. Court stated that respondents have no reasons to justify that internet services disrupts law and order situation. Finally, court states that internet services play a major role in lives of people with advancement of Science and Technology, shutting down internet services would only cause further chaos in lives of people. The state government when issued notifications there was reasonable apprehension regarding law and order in society. Law surely does permit suspension of internet services whenever necessary however, in the current situation the State Authorities failed to assess the situation and to justify the continuation of ban on internet services. Court directed the Government of State of Assam to restore internet services on 19-10-2019 at 5.00 P.M. State is free to take any steps for stopping any violence that may take place in the future. The decision by court protects and extends the ambit of an individual Right to Receive and impart information providing no exception to state’s justification for ban. It gives a broad view over the protection of fundamental rights not based on mere apprehension of threat to ‘Public Safety’. The government must have enough reasons for internet shutdowns or for hindrance in way of any fundamental right if it failed to contentment of public for any action that harms one’s fundamental rights, it may suffer consequences.    

This case analysis is written by Simran Gulia, currently pursuing BA LLB from Maharaja Agrasen Institute of Management Studies.