At Harison And Associates, their attorneys are committed to resolving their client’s legal issues in a timely and cost-effective manner. One can count on them to give your case the attention it deserves and to tailor their approach to the client’s needs. They know how much is riding on the outcome of a case and they strive to help move forward from these problems on favourable terms. Drawing on the diverse backgrounds of their passionate attorneys, they provide comprehensive legal services to every client they represent. Their knowledge and flexibility to address a broad range of legal issues for their clients is the hallmark of their firm.
Responsibilities
Research and analysis: conduct research and analysis on various legal issues – this may involve reviewing case law, statutes, regulations, and other legal documents, as well as analyzing and summarizing the information you find
Drafting documents: work on drafting a variety of legal documents, such as memos, briefs, motions, and contracts and assisting with drafting legal correspondence, such as letters and emails
Attending meetings and court proceedings: attend meetings and court proceedings (this will give you the opportunity to observe how legal professionals interact with clients and present arguments in court)
Communication: communicate effectively with clients, colleagues, and supervisors – this may involve answering phones, responding to emails, and participating in team meetings
Administrative tasks: work on a variety of administrative tasks, such as filing documents, organizing files, and scheduling appointments
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Nayyar Associates has the expertise to ensure your process serving needs are completed in a timely and efficient manner, in accordance with the Rules of Practice regardless of the geographic location. The firm is a leading litigation law firm based in Delhi/NCR and has a presence across India, which has developed a high specialization in the field of client-specific legal counsel. They provide the best legal solutions to our global clients at nominal prices in India. They possess vast experience in all types of Civil, Criminal, Matrimonial and Consumer related litigation. They have highly experienced advocates and highly trained paralegal aids in our litigation team.
Responsibilities
Fundamentals of Document Review
Contract Management
Legal Research and legal drafting
Eligibility
Law students currently in their 4th & 5th year from a recognized university or Candidates awaiting final exam results are eligible to apply for this opportunity.
Perks
Certificate and letter of recommendation will be provided after the completion of the internship.
Mode
Virtual
Application Process
Interested candidates can email their resume at contact@advocatekapilnayyar.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 on more opportunities, we can catch up at-
As we enter the era of digitization, technology has become the backbone of almost everything, from our means of communication to attendance tracking in offices is now seamlessly integrated with technology. It’s no secret that in this day and age, technology is the driving force behind the advancements we see around us. As more companies continue to expand and agreements become increasingly complex, it’s only natural that the contracts themselves should become digitized as well.
Here in India, the rise of online transactions has led to a surge in the use of electronic contracts. These cutting-edge agreements are created and executed through electronic communication and digital signatures, bypassing the need for physical documents or signatures. With this new level of convenience and efficiency, we can now close deals with ease, without having to deal with tedious paperwork or signatures.
What is an E-Contract?
The Indian Contract Act, of 1872[1], defines a contract as an agreement that is enforceable under the law. Section 2(h) of the Act states that for an agreement to be considered a contract, it must meet certain legal requirements. Interestingly, electronic contracts, also known as E-Contracts, adhere to the essence of Section 2(h) while changing the mode of contract formation. In simple terms, E-Contracts are digital agreements that are created, negotiated, and executed without the need for physical paperwork. The parties involved communicate through electronic means, such as the internet or telephonic media, allowing for a meeting of the minds to take place.
E-Contracts save time and are a step ahead of traditional pen-and-paper contracts as they are entirely paperless and created through digital mediums. Through the use of electronic means, such as the internet or telephonic media, the parties involved in E-Contracts are able to communicate effectively, leading to a meeting of the minds. This not only streamlines the negotiation process but also reduces the need for physical meetings, saving time and resources. Unlike traditional pen-and-paper contracts, E-Contracts are created through digital mediums and are completely paperless, making them environmentally friendly and cost-effective. They are a step forward from traditional contracts, as they are efficient, secure, and authentic.
Legal Validity of E-Contracts
Section 10A of the Information Technology (IT) Act, 2008[2] is a significant provision in the Indian legal framework that acknowledges the legitimacy and enforceability of electronic contracts. The IT Act was amended to include this section as a response to the increasing use of digital contracts in commercial dealings.
The introduction of Section 10A of the IT Act clarifies that electronic contracts cannot be considered invalid merely because they exist in electronic format. These contracts hold the same legal value and enforceability as traditional paper contracts. This means that parties entering into an electronic contract have the same legal rights and duties as those in a contract executed on paper. The Act not only recognizes the legality of electronic contracts but also sets out certain conditions for their validity. These conditions include making the contract accessible for future reference and using a reliable and secure electronic signature or authentication method. Additionally, it clarifies that any law which requires a contract to be in a particular form or written shall be deemed satisfied if the contract is in electronic form and meets the requirements specified under Section 10A.
Essentials
There must be a proposal – one party must offer to enter into a contract.
There must be acceptance – the other party must agree to the proposal.
Legal consideration must be there – there must be something of value exchanged between the parties.
Parties must be able to contract – they must have the legal capacity to enter into a contract.
Free consent by the parties – the parties must enter into the contract freely and voluntarily without any coercion or undue influence.
Lawful objective – the purpose of the contract must not be illegal or against public policy.
It is essential for an e-contract to fulfil these criteria in order to be valid and enforceable under the law. Therefore, if all the necessary elements of a contract are present in an electronic agreement, it cannot be invalidated solely on the basis of its digital form, making E-Contracts legally binding and valid. It is crucial to establish the legal validity of an E-Contract to ensure that legal action can be taken in case of any violation of the agreement.
Validity of E-Contracts under the Indian Evidence Act
According to Section 65B[3], any information contained in an electronic record that is either printed on paper, stored, recorded, or copied in an optical or magnetic media produced by a computer, can be deemed to be a document. However, this is subject to certain conditions, including that the electronic record is produced in court in compliance with the provisions of the Indian Evidence Act, and that it is accompanied by a certificate identifying the electronic record containing the statement of the person who had control over the creation of the record.
In essence, Section 65B ensures that electronic records are given the same evidentiary value as physical documents. This provision is particularly significant in the context of electronic contracts, as it reinforces their legal validity and provides parties with a means of proving the existence and terms of an electronic contract in court.
Roles of Parties in an E-Contract
An e-contract usually involves two parties: the originator and the addressee. The originator is responsible for initiating, sending, or creating the electronic message, while the addressee is the intended recipient of the message. The originator could be an individual, a business, or any other organization that initiates electronic communication. They can send an e-contract proposal to the addressee through various electronic channels such as email, messaging platforms, or an online contract management system.
The addressee, on the other hand, may also be an individual, a business, or any other entity that receives the proposal from the originator. Once the addressee receives the proposal, they may choose to accept, reject, or make a counterproposal based on the terms and conditions of the e-contract and the negotiation process between the parties.
Kinds of E-Contracts
The main types of contracts are:
Shrink Wrap contracts – Contracts that are agreed upon by the end user by opening the product packaging.
Click Wrap contracts – Agreements that are agreed upon by the end user by clicking on an “I agree” or similar button on a website or software.
Browser Wrap contracts – Contracts that are agreed upon by the end user by using a particular website or software.
In addition to these, there are also other types of contracts, such as:
Electronic Data Interchange â It is the type of e-contract that is used in the business-to-business (B2B) context for the automated exchange of business documents.
E-Mail contracts – Agreements that are formed through the exchange of e-mails between the parties.
Comparing Traditional and E-Contracts
Within the legal domain, it is imperative to recognize the fundamental disparity between conventional contracts and electronic contracts. The former entails a tangible signature and is produced on paper, whereas the latter involves the utilization of digital signatures and is created digitally. In addition, the formation of conventional contracts demands the presence of the involved parties in a physical setting, culminating in elevated transaction costs and protracted processes. Conversely, electronic contracts obviate the need for physical presence, resulting in diminished transaction costs and enhanced expediency.
Challenges Associated with E-Contracts
AUTHENTICITY AND SECURITY
E-contracts pose various challenges in their formation and enforcement, including concerns about the authenticity and security of electronic documents. Although the use of electronic signatures and digital certificates can ensure authenticity and security, there is always a risk of fraud, hacking, and unauthorized access to electronic documents. As technology advances and individuals become more knowledgeable about it, there is a risk of malicious use that can compromise the privacy of the public. Parties to e-contracts must take adequate measures to protect their electronic documents from such risks, including but not limited to using secure communication channels, employing encryption techniques, and regularly updating their security protocols.
ENFORCEABILITY
The enforceability of electronic contracts in India hinges on their adherence to the requirements set forth in the Contract Act. Under the Contract Act, parties to a contract must possess the contractual capacity and the agreement must not violate any laws or public policies. Moreover, the contract terms must be lucid and explicit, and the contract must have consideration.
In India, there have been several instances where the enforceability of e-contracts has been challenged in courts of law. One such example is the Trimex International FZE Limited v. Vedanta Aluminum Limited (2010)[4] case, in which the court upheld the enforceability of an electronic contract, despite the absence of a physical signature. The court declared that the usage of digital signatures and the presence of a valid offer and acceptance satisfied the prerequisites laid out in the Contract Act.
JURISDICTION
One of the most significant challenges in the realm of electronic contracts pertains to jurisdiction and choice of law. Electronic contracts are frequently established across different jurisdictions, with the involved parties potentially operating under distinct legal systems. Therefore, the clauses regarding jurisdiction and choice of law must be meticulously crafted to ensure that the parties agree on the applicable law and forum for dispute resolution. Failure to properly address these clauses could result in one party being subjected to laws with which they are unfamiliar, potentially leading to non-compliance and undesirable legal ramifications. As such, it is imperative for parties involved in electronic contracts to engage in thoughtful deliberation regarding jurisdiction and choice of law clauses to minimize potential conflicts and disputes.
Present Dilemmas
AUTOMATED CONTRACTS IN E-COMMERCE
The proliferation of artificial intelligence and machine learning in e-commerce has led to the formation of contracts through automated systems, raising pertinent legal questions regarding their enforceability. The primary concern revolves around whether contracts formed without any human intervention are legally binding and enforceable. With the increasing use of automated systems, it is essential to evaluate the validity of these types of contracts and determine if they adhere to the requirements set forth by contract law. The development of these automated systems has also prompted the need for a clear legal framework to ensure that parties involved in such contracts are adequately protected. Thus, there is a pressing need for legal guidelines and regulations to facilitate the formation, validity, and enforcement of contracts through automated systems.
ONLINE DISPUTE RESOLUTION
One of the challenges in the enforcement of e-contracts is the possibility of disputes arising between the parties involved. In order to address this issue, there is a need for a mechanism for online dispute resolution, similar to the physical systems that exist for resolving disputes. With the increasing use of technology in e-commerce, the use of online dispute resolution can provide a cost-effective and timely solution to resolve disputes in the same medium in which the contract was formed. This would not only save time and money for the parties involved but also promote trust and confidence in the use of e-contracts.
DATA PRIVACY
E-contracts often entail the collection and processing of personal data, which can potentially be accessed by individuals with sufficient technological expertise. It is essential that the use of such data complies with applicable data protection laws, including the General Data Protection Regulation (GDPR)[5] in the European Union and the Personal Data Protection Bill in India, to safeguard the privacy and security of individuals. Adherence to such laws can help ensure that personal data is processed lawfully and transparently, and that appropriate measures are taken to protect against unauthorized access, theft, or misuse of personal data.
FORCE MAJEURE
It is imperative to update the force majeure clause in e-contracts to account for unforeseeable events that could impede contract performance. Traditionally, force majeure provisions applied to uncontrollable events, such as natural disasters, wars, or labour strikes that were unforeseeable at the time of contract formation. However, given the increasing reliance on technology in conducting business, it is vital to include potential disruptions caused by cyber-attacks, technology failures, or similar events. Thus, it is necessary to include provisions in the force majeure clause that explicitly describe the effect of such events on contract performance, to ensure that e-contracts remain valid and enforceable in these scenarios.
Conclusion
In the contemporary era, the prevalence of e-contracts has become ubiquitous, making it arduous to avoid or anticipate their eventual dominance over traditional contracts. The digital age has witnessed the widespread adoption of e-contracts as a customary mode of contracting. The legal framework governing the formation and enforcement of e-contracts is underpinned by legal principles and statutory provisions. Provided that they satisfy legal requisites, e-contracts are enforceable to the same degree as paper-based contracts. However, the realm of e-contracts poses distinctive challenges, including concerns related to the legitimacy and security of electronic documents, as well as issues related to jurisdiction and choice of law. To ensure the enforceability and validity of e-contracts, parties must implement appropriate measures to mitigate these challenges. Although e-contracts offer notable advantages in terms of expediency and efficiency, parties must remain vigilant to address unconventional challenges. Given that technological progress is inevitable, it is vital for parties to e-contract to be cognizant of these challenges and take appropriate steps to address them.
Endnotes:
The Indian Contract Act, 1872, Act No. 9 of 1875
The Information Technology (Amendment) Act, 2008, Act No. 10, Acts of Parliament, 2009 (India).
The Indian Evidence Act, 1872, Act No. of 1872
Trimex International Fze Limited v. Vedanta Aluminium Limited, 2010 (1) S.C.C. 574 (India)
In this case, the appellant (hereafter âHULâ) has filed the present appeal impugning a judgement dated 09.11.2021 passed by the learned Single Judge of this Court whereby the appellant abstained from publishing a print advertisement and airing three YouTube videos. These advertisements for the toilet cleaner sold under the tradename âDomexâ were found tobe, prima facie, disparaging the toilet cleaner sold by the respondent (hereafter âReckittâ) under its trademark âHarpicâ. HUL claims that the impugned advertisement and videos truthfully depict that the effect of its product lasts longer than Reckittâs product. Reckitt disputes the claims made by HUL and complains that the impugned advertisements andvideos are misleading and disparaging.
FACTS:
HUL is a company established in India and is engaged in manufacturing, marketing andselling various consumer products, including toiletries, floor cleaners, toilet cleaners, toilet soaps, washing, and detergents. Reckitt has been manufacturing a well-known toilet cleaner under India’s trademark âHarpicâ. According to Reckitt, Harpic is India’s most widely used toilet cleaner brand. In 1979, Reckitt became the registered proprietor of the word âHARPICâ. The aforementioned trademark registration is valid and subsisting as of date. Reckitt has alsoobtained a registration for the shape of the bottle used for packaging âHarpicâ brandedproducts in India. Reckitt claims that since the launch of Harpic, the shape of the bottle has become a source identifier for its product.
HUL also manufactures and markets a toilet cleaner under the trademark âDomexâ. It claimsthat Domex is superior to Reckittâs Harpic in fighting bad odour. HUL has been granted apatent for using a technology that involves the use of a chemical compound called âSalineâ,which enhances the malodour fighting capabilities by extending the period of itseffectiveness.
HUL also ran an advertisement campaign with the message that its product fights malodourfor an extended time. The advertisement campaign included the impugned advertisement,videos and a TV Commercial. On 26.07.2021, Reckitt instituted the aforementioned suitclaiming that the TV Commercial, impugned advertisement and the impugned videos weredisparaging its product (toilet cleaner) sold under the brand name âHarpicâ. An applicationseeking interim relief was also filed by Reckitt restraining HUL from publishing ortelecasting the impugned advertisement and the impugned videos. The said application was disposed of by the impugned judgment dated 09.11.2021. The learned Single Judge held that prima facie, the impugned videos seek to denigrate and malign HULâs product by depictingReckittâs Harpic bottle as an ordinary toilet cleaner. However, both parties assailed the impugned judgment. This Court found that the learned Single Judge was wrong in drawing aprima facie conclusion that the TV Commercial did not belittle Reckittâs product.Accordingly, this Court restrained
HUL from airing the TV Commercial. The present appeal is confined to the impugnedadvertisement (published in a newspaper) and the impugned videos (three videos broadcastedon YouTube).
APPELLANTâS CONTENTIONS:
In this case (HUL), the appellant contended that the learned Single Judge had misjudged inassuming that the impugned videos denigrated any product. The plot of the impugned videosmerely promoted HULâs product sold under the brand name âDomexâ and did not disparageany other product. It was wrongly stated that the generic shape of the toilet cleaner bottle, asshown in the impugned videos, depicted Reckittâs product. Furthermore, the impugned videoscontained a disclaimer stating that the ordinary toilet cleaner did not use water-repellenttechnology. Reckittâs claim that it had a registration regarding the shape of the bottle was alsocontested. He referred to the documents, which reflected the trademark status as filed byReckitt and submitted that the registration to obtain a trademark was regarding the devicemarks as depicted on the bottle and not the shape. There were various similar products sold inbottles that were broadly similar to the shape of the toilet cleaner bottle shown in theimpugned videos as a representation of an ordinary toilet cleaner.
In the present case, HUL had produced test reports, which established that HULâs product hada better odour-fighting ability. The learned Single Judge had erred in disregarding the said testreport. Insofar as the impugned advertisement is concerned, the impugned advertisementexplains that the Fresh-Guard technology used in Domex works to fight off bad smells for alonger period of time. The impugned advertisement intended to put forth the claim, whichwas neither untrue nor disparaging.
RESPONDENTâS CONTENTIONS
From the respondentâs side (Reckitt), the impugned advertisement depicted that the side ofthe toilet bowl, which Harpic cleaned, was smelly and emanated a foul odour. Thus, this is aclear case of disparagement. HULâs claim that its product is superior is untrue. HULâs claim isbased entirely on using a chemical compound called âSalineâ, which makes the hard surface of the toilet bowl hydrophobic. It overlooks the effect that the toilet bowls are made of ceramic and has a smooth surface, making them hydrophobic. Even if the odour-causing liquid does not stick to the side of the toilet bowl, it would collect in the water body below and would not reduce the smell. Thus HULâs product does not have any additional advantage in that regard. HULâs claim that it uses a patented technology was also misleading, as the Patent Office rejected several of the claims regarding the anti-microbial effect.
Further, the claim that HULâs product is effective for longer was also rejected. It was alsocontended that Reckitt got third-party laboratories to conduct tests and the malodour intensityresults, which showed no difference between HULâs product (Domex) and Reckittâs product(Harpic). Both products were effective in cleaning germs at the time of usage but wereineffective after subsequent wash cycles.
The respondent argues that the impugned advertisement and videos must be viewed not in thecontext of literal truth but by the honesty of the message they convey. In the present case, themessage given by the impugned advertisement and videos is untruthful.
JUDGEMENT:
The application filed by Reckitt was disposed of by the impugned judgment dated 09.11.2021wherein it was held that prima facie, the impugned videos seek to denigrate and defameHULâs product as they depict Reckittâs Harpic bottle as an ordinary toilet cleaner. It was also noted that the shape of the bottle was a registered trademark of Reckitt and, accordingly, restrained HUL from broadcasting the impugned videos in any form till HUL removed all reference to Reckittâs product âHarpicâ or the bottle in question. Insofar as the impugned advertisement is concerned, HUL was restrained from publishing the same.
It is not necessary that an advertisement must expressly mention the competitorâs product. Itwill be impermissible if the disparaged product is likely to be identified as that of a rival. InHindustan Lever Ltd. v. Colgate Palmolive (India) Ltd. & Anr., the appellant had telecastedan advertisement regarding toothpaste, claiming it would be more effective in combatting germs. The TV Commercial characters did not mention the respondentâs product (ColgateToothpaste). It merely showed a lip movement by a child in the TV Commercial, which could be identified as pronouncing âColgateâ.
Further, a jingle was played in the background, which could be identified as that from therespondentâs advertisement. This was sufficient to establish that the appellant indirectlyreferred to its rivalâs product, âColgate Toothpasteâ. Similarly, in the case of M/s ColortekMeghalaya, a depiction of a red toothpowder was found to be referring to the appellantâstoothpowder.
Thus it has been agreed upon that the shape of the bottle, as depicted in the impugned videos,is deceptively similar to Reckittâs trademark. Undisputedly, the case lies in favour of Reckitt.A false advertisement campaign would cause irreversible loss to Reckitt. In contrast, forHUL, postponing the broadcast of an advertisement referring to Reckittâs product may not have any material effect on them, considering that it is free to advertise its product without reference to Reckittâs products.
Given the nature of the controversy and the facts, the learned Single Judge has merelydirected HUL to remove all references to Reckittâs product, and the bottle representing ordinary toilet cleaners as the same is identifiable with Reckittâs product â Harpic. For the above reasons, no infirmity is present with the impugned judgment.
In the case of KALPANA DEVI VS UNION OF INDIA, the appellant failed to prove the situation as an âuntoward incidentâ 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 2nd 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 âuntoward incidentâ 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.
PETITIONERâS 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 ââŠpossible in a railway track accident.â 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.
RESPONDENTâS 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 â 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 âa result of combined effects of craniocerebral damage and shock.â 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 appellantâs husband was run over.
The appellant failed to make out a case of an âuntoward incident.â The court agreed to the decision of the Tribunal.
The Findings recorded were upheld by the court and the appeal was hence, dismissed.
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?
APPELLANTâS 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.
RESPONDENTâS 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.Â
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.
RadheyShyam & 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.
APPELLANTâS CONTENTION
PW3 is a young witness whose testimony must be scrutinised quite carefully. She drew our attention to PWÂ3 Krishna’s testimony and, in particular, her crossÂexamination, 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.
RESPONDENTâS 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 PWÂ4 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.
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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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
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 on more opportunities, we can catch up at-
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 Intelligenceâs 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 AIâs 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.
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 on more opportunities, we can catch up at-
