Author: LEXPEEPS editor

About Sharda Universtiy

Sharda University Greater Noida is India’s truly global university which has seen students from 85+ countries experience a world-class campus life. Spread over 63 acres, Sharda University offers 216 programme/plans in a myriad of disciplines and an education experience matching with the very best. Students can pursue a semester at Sharda University Uzbekistan campus at the same fee in select programmes.

School of Law

Established with an aim of developing top lawyers, School of Law has evolved into a leading Law School in Delhi NCR. The School’s teaching standards and research quality consistently receive high ratings and it maintains a strong research culture with all faculty actively researching in their preferred areas. The learning environment is one of support and personal development leading to well rounded and highly employable graduates.

About the organizers

Sharda University has over the years become one of the leading centres of education, research and innovation in Delhi NCR region. Established through an Act of State Legislature of Uttar Pradesh (14 of 2009), Sharda University offers 216 UGC recognized degrees in programmes like Engineering, Management, Medical, Dental, Integrated Law, Architecture, Design, Journalism & Mass Communication, Computer Applications, Basic Sciences, Nursing, Biotechnology, Food &technology, Pharmacy, Physiotherapy, Paramedical, Education, Languages, Animation and Visual Arts.
Being the only global university in India with students from 80+ countries, and academic partnerships with 130+ universities across the world– the USA, the UK, Italy, Canada, Russia, Slovenia, et al, the University offers a truly international learning environment. That’s why it says, “The World is Here, Where are You?”

School of Law, Sharda University is organizing the 2nd Anand Swaroop Gupta Memorial Virtual National Moot Court Competition from Wednesday- Friday, 24th to 26th November, 2021.

Procedure and Guidelines

General Rules:

• “Organizers”means the Moot Court Committee, School of Law, Sharda University
• “Competition”means the 2nd Anand Swaroop Gupta Memorial National Virtual Moot Court Competition, 2021
• “Participating Team”means the team which has registered itself for the competition as per the rules given below.
• “Participating College/Institution/University” shall be presumed to be the parent institution of the participating team.
• “Participants”means the speakers and the researcher of the Participating Team.
• The rules of the Moot Court shall be strictly adhered to. Any deviation there from them would attract disqualification or other penalties as decided by the Organizers.
• Decision taken by the Organizers in case of any doubt, dispute, disqualification etc shall be final.

Date and Venue of the Competition:

The 2nd Anand Swaroop Gupta Memorial National Virtual Moot Court Competition shall be held from Wednesday- Friday, 24th to 26th November, 2021.
Venue: Google Meet- URL shall be shared with the participants at the appropriate time

Eligibility

The Competition is open to bona-fide undergraduate students of recognized Colleges/Institutions/Universities who are currently pursuing their Bachelors Degree in Law i.e. 3 Year LL.B or 5 Year Integrated or Honors’ LLB Programme with all combinations on a regular basis.

Team Composition:

• Each team shall comprise of a maximum of 3 members and a minimum of 2 members consisting of either 2 speakers and 1 researcher or 2 speakers only. The number cannot be modied under any circumstances.
• Teams shall identify the speakers and researcher at the time of Registration. No extra member or observer shall be allowed. Also, no deviation from the chosen names shall be allowed.
• Not more than One Team from the same Institution shall be allowed to participate in the competition.

Registration

Teams are required to complete their Registration by 10th November, 12:00 AM IST.
The Registration Fee is INR 1500/- which shall be payable through Online Transition Mode and shall be made in favour of Sharda University, School of Law.

Registration form

https://docs.google.com/forms/d/e/1FAIpQLSe_4FXxOpmicObw_0QP6pqy-FDhvXUUXYoyfqtFKM7p1P1v-A/viewform

• After registering on the Google Form, the teams are required to send one Email Approval through their Moot Court Faculty Coordinator/Dean/Principle with the details of the participating team.
• Once the Registration form is filled, Email Approval from the Faculty Coordinator is received and Fee is paid, the teams shall receive the confirmation of their provisional Registration from the Sharda Moot Court Society.
• The Registration shall be deemed complete only when Registration form is duly filled, Email Approval is received and Registration fee is paid. The teams must send the Screen shot of their Online Transaction Fee through email to nmc@sharda.ac.in
• Once the nal registration is done Teams will get the confirmation email and their Team Codes also.

Payment Details:

Bank Name : ICICI Bank Ltd.
Branch Address : Krishna Apra Royal Plaza, D-2, E(acb), Alpha-1, Greater Noida, Gautam Budh Nagar, UP- 201306
Account Holder Name : Sharda University-Seminar
Account No. : 025405005815
IFSC Code : ICIC0000254
SWIFT Code : ICICINBBCTS
MICR Code : 110229037

For More details contact:

Email: nmc@sharda.ac.in
Phone No: +91-8800933447

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About Opportunity

Morgan Stanley’s Legal & Compliance Internship programme is designed to develop highly motivated individuals by providing a stimulating and supportive environment in which they may learn about the business and maximise their potential.

When you start, you’ll go through a training programme that covers the Legal & Compliance Division’s policies and procedures. Along the way, there will be senior manager presentations and professional skills workshops to provide you a well-rounded experience.

Summer Analysts work on live projects for ten weeks, learning about the business and how the Legal & Compliance Division supports Morgan Stanley and its companies.

Physical Internship:- Mumbai (Maharashtra)

Internship Duration: 10 Weeks

Responsibilities

• Periodically generate management information reports;
• Surveillance models should be adjusted to reflect changes in regulatory requirements.
• Examine and analyse trade surveillance reports and vendor surveillance system alerts, then sign off on the completion of alerts pertaining to employee, customer, and company trading activity.
• Provide staff with investment and outside activity advice and guidance.
• Investigate any anomalies or unusual behaviours and keep a record of what you find; and
• Inform his/her manager of any outstanding concerns or potential violations of Morgan Stanley’s policies or external rules and regulations. Compliance and Business Unit Senior Management

Qualifications

• Academic excellence track record
• Ability to balance competing objectives and pay close attention to details
• Excellent communication abilities, both written and vocal
• Ability to assess and synthesise a wide range of facts in order to create well-designed and informative summaries and reports
• Problem-solving skills and the ability to build efficient processes
• MS Office experience, ideally in Excel
• Strong communication skills and the capacity to work and communicate with others, as well as a great academic record and achievement in extracurricular activities.

For more details and link to apply, visit-

Official Notification- https://morganstanley.tal.net/vx/candidate/apply/11647

Link to apply- https://morganstanley.tal.net/vx/lang-en-GB/mobile-0/brand-2/user-3752643/candidate/application/3410819

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About P & P Law Chambers

P & P Law Chambers is a Lajpat Nagar-based law firm (South Delhi). The firm specialises in a wide range of lawsuits. The firm is committed to continuous learning as a team, for a team. Criminal trials, civil actions, service concerns, marriage conflicts, and medical negligence cases are all handled by the firm.

OPPORTUNITIES DETAILS

Under the team of the P & P Law Chambers, at the Lajpat Nagar office, the firm has announced 5 opportunities for internship and training programmes. It’s a chance for an intern or trainee to learn about different aspects of litigation while working with the team and honing their talents.

Every voice matters at the firm, and an intern or trainee should be given the opportunity to delve deeper into a topic of interest. This training internship programme is for students interested in learning the different aspects of litigation, such as drafting, researching, briefing, and so on.

Qualifications

• Law Student pursuing law either in 5 or 3 years course
• Fresh law graduate

Location

F-7, Basement, Lajpat Nagar 1, New Delhi, 110024

Application Procedure

Interested candidates may send their revised resumes to pplawchambers@outlook.com

The Application must include the following:-

• A cover letter should be included with the resume.
• Internship Duration (inclusive of dates)
• Address your letter to the Director of Human Resources.
• Samples written by yourself should also be added to the same email.

CONTACT DETAILS

Link for details- https://www.linkedin.com/company/p-p-law-chambers/

Contact Number: 011-47504656

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About NSA Legal

NSA Legal is a law firm offering a full service practice to its clients in all spheres of law. Lawyers of the Firm present a proper blend of legal proficiency and commercial insight required in providing legal and transactional support services.

The Firm has its principal office at Ahmedabad and a pan-India presence including offices in Mumbai, Jodhpur and New Delhi.

Job Description

• The candidate must possess knowledge of Company law and Insolvency and Bankruptcy Code, 2016.
• Candidate handling matters and appearing before NCLT shall be given preference.

Eligibility

Candidates with post qualification experience will be preferred. Freshers are also invited to apply subject to clearance of interview and understanding of Law.

Location

111-112, University Plaza, Vijay Cross Roads, Navrangpura, Ahmedabad 380009

Procedure to Apply

The candidate has to forward his/her curriculum vitae to the email address nipunsinghvi@yahoo.com. The CV must be accompanied by a cover letter. Candidates whose CVs will be shortlisted shall be called for interviews.

Contact Information

E-mail ID: nipunsinghvi@yahoo.com

Link to Official Declaration

https://nsalegal.in/

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About B & P Legal

B & P Legal specialises & practices essentially in Civil & Corporate Law. The Firm provides both advisory and litigation services working primarily in High Stake Civil Litigation, Commercial Litigation, Arbitrations in various Courts and Tribunals including, Madras High Court.

Job Description

The candidate is expected to assist the partners on a number of cases. The role involves a comprehensive study of the case and relevant laws, drafting of pleadings and arguments before the court and tribunal.

Number of Vacancies

There are 3 vacancies in the firm for the position of Junior Associate.

• Vacancies for Freshers of 0-1 year experience: 1 (One)
• Vacancies for Graduates of a minimum of 2 years’ experience: 2 (Two)

Qualifications

• The candidate must be an Advocate registered with the Bar Council of a State.
• Further, the candidate shall have post qualification experience of a minimum of 2 years and above.
• Freshers are also invited to apply subject to clearance of interview and understanding of Law.

Required Skills

• Track record of academic excellence
• Attention to detail and ability to manage competing priorities
• Excellent written and oral communication skills
• Ability to analyse and aggregate a variety of data to produce good summaries and reports to produce that are designed and meaningful
• Ability to solve problems and develop effective processes
• Experience in MS Office.
• Strong communication skills and the ability to work and interact with others

Salary

Salary is negotiable and depends upon the skills of the candidate.

Location

B & P LEGAL, Office No.3, 6th Floor, Crown Court, No.128, Cathedral Road, Gopalapuram, Chennai – 600 086

Opposite to Prince Jewelry, Stella Maris College Road.

How to Apply?

The candidate has to forward his/her Curriculum Vitae to the email address bandplegal@gmail.com 

Candidates whose CVs will be shortlisted shall be called for interviews.

Contact Details

Email ID:  bandplegal@gmail.com

About FSSAI

Food Safety and Standards Authority of India is a statutory body established under the Ministry of Health & Family Welfare, Government of India. The FSSAI has been established under the Food Safety and Standards Act, 2006, which is a consolidating statute related to food safety and regulation in India.

About the Job Opportunity

FSSAI invites applications on direct recruitment basis from dynamic and motivated candidates looking for exciting career opportunities in Food Regulatory System.

Number of Vacancies

One for Unreserved category

Eligibility Criteria

Nationality: A candidate must be either:

1. a citizen of India, or
2. a subject of Nepal, or
3. a subject of Bhutan, or
4. a Tibetan refugee who came over to India before 1st January, 1962 with the intention of permanently settling in India, or
5. a person of Indian origin who has migrated from Pakistan, Burma, Sri Lanka, East African countries of Kenya, Uganda, the United Republic of Tanzania, Zambia, Malawi, Zaire, Ethiopia and Vietnam with the intention of permanently settling in India.

Provided that a candidate belonging to categories (2), (3), (4) and (5) shall be a person in whose favour a certificate of eligibility has been issued by the Government of India.

A candidate in whose case a certificate of eligibility is necessary may be admitted to the examination but the offer of appointment may be given only after the necessary eligibility certificate has been issued to him/her by the Government of India.

Educational Qualifications

(a) Bachelor’s degree from a recognized University or Institution; and six years’ experience in handling administration, finance, human resource development or/ and vigilance and accounts matters.

Desirable: MBA degree from a recognized university or Institution.

OR

(b) Degree of Law from a recognized University or institution with three years experience of handling legal matters or working experience as Law Officer in a reputed Government or Autonomous body or Research Institutions or Universities or Public Sector Undertakings or Law firms.

Other Qualifications

Out of the total experience sought, two years of experience should be in immediate lower pay level (Pay Level 8 or above) in central dearness allowance, or equivalent industrial dearness allowance scale (as applicable) and in case of candidates working in private sector he or she shall be drawing minimum annual cost to company of Rs 8.5 lakh for two years.

Age Limit: 35 years

How to Apply?

Candidates are required to apply only ONLINE through the website. No other mode for submission of application is available.

Candidates are not to forward hard copies of online application to FSSAI.

Application Fee

• General/OBC: Rs 1500/-*
• SC/ST/EWS/Women/Ex-Servicemen/PwBD: Rs 500/-*

*Bank/Transaction Charges, if any, are to be borne by the candidate.

• Note I: Applications without the prescribed Fee / Intimation Charges shall be summarily rejected.
• Note II: Fee once paid shall not be refunded under any circumstances nor can the fee be held in reserve for any other examination or selection.
• Note III: Candidates applying for multiple posts would be required to register separately for each post.

Application Deadline

• Website Link open for online registration of applications and payment of Fees/Intimation Charges: October 13, 2021
• Last Date for Online Application: November 12, 2021
• Cut off date for Eligibility and Qualification Criteria: November 12, 2021
• Tentative Date for availability of downloadable Admit Card for CBT (Stage-1): The dates will be published on FSSAI website after last date of online application
• Tentative date of CBT (Stage-1): The dates will be published on FSSAI website after last date of online application
• Dates for CBT (Stage-2) exam would be published on FSSAI website post declaration of result for CBT (Stage-1): The dates will be published on FSSAI website after last date of online application

** The Authority reserves the right to make any change in these dates.

Selection Process

1. Post Advertised Stages of Selection Weightage assigned
   Assistant Director: CBT (Stage-1) + CBT (Stage-2) + Interview
   • CBT (Stage-1) – 50%
   • CBT (Stage-2) – 35%
   • Interview – 15%
2. Shortlisting of Candidates for CBT (Stage-2). Candidates in the ratio of 1:20 will be shortlisted/called for CBT (Stage-2).
3. Shortlisting of Candidates for Interview –Candidates in the ratio of 1:5 will be shortlisted/called for interview for the post.
4. The ratio at (2) and (3) above may change depending upon number of applicants for each post.
5. Marks scored in all stages of selection mentioned against each post in para (1) above in accordance with weightage assigned to each stage will be counted for final selection.
6. Candidate absent in any stage(s) of selection will not be eligible for selection. Further, the Authority reserves the right to introduce additional stage of examination which would be notified at suitable time, if considered necessary.

Contact Information

In case of any problem in filling up the form, payment of fee/intimation charges or in downloading of Admit Card, queries may be made through e-mail at fssaihelpdesk2021@gmail.com

Please mention ‘FSSAI’ – DR-03/2021′ ‘Post Applied For’ in the subject of the email.

Link for official notification

https://www.fssai.gov.in/upload/uploadfiles/files/DR_03_Advt_02_10_2021.pdf

Link to apply online

https://cdn.digialm.com//EForms/configuredHtml/1258/72308/Instruction.html

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About the College 

JSS Law College, a professional autonomous college operating under the auspices of JSS Mahavidyapeetha, was founded in 1982. The UGC has designated the college as a “College with Potential for Excellence.”

Details of the Moot Court Competition

The Surana & Surana National Corporate Law Moot was created to provide opportunities for learning the development of jurisprudence on emerging trends in Corporate Law as well as developing cutting-edge skills in research, writing, and advocacy.

The Surana & Surana National Corporate Law Moot Court Competition will include a judgement writing competition with the following principles and goals:

• Aside from the primary principle of promoting the rule of law and upholding justice, a judgement serves a social and civic function.
• To accomplish the foregoing, it must “execute with clarity of thought, explain the decision to the parties, communicate reasons for the decision to the public, and provide a reason for an appeal court to consider.”
• To cultivate a well-balanced and prudent mind.
• Prevent the abuse of the legal system.

Eligibility

The competition is open to students studying LLB three-year or five-year courses in the current academic year who are interested in Tax, Corporate, and Commercial Laws and who are from invited institutions.
Students of The Institute of Chartered Accountants of India and The Institute of Company Secretaries of India are also eligible. Students who have already completed their law/Company Secretary/Chartered Accountant degrees/courses are ineligible.

Location

The virtual version of the 19th Surana & Surana National Corporate Law Moot Court Competition will be held.

Registration process

• Online registration will be available beginning October 1, 2021. Teams must register online by October 28th, 2021.
• Teams must register online at www.moot.in.
• On a first-come, first-served basis, only 50 teams will be registered to compete.
• There will be no temporary registration requests accepted. Please do not send such requests to Surana & Surana or JSSLS.
• On successful registration submission, participants will receive an automated system generated acknowledgement. Participants will receive approval as acceptance of their participation request by the 30th of October 2021 or earlier.

Registration Process

follow one option from the ones given below

• The Registration Form consists of Your university/college/moot society must sign and seal an approval letter as specified in the rules.
• Upload both (i) & (ii) together as a single PDF.

The Registration form and Approval letter (without seal and signature) as specified in the rules, duly completed, along with a scanned copy of your university/college/moot society’s authorization letter with sign and seal. (or) Email communication from your university/college/moot society’s official ID (to be filled in as notification email id during online registration process) to complete the registration process.

Awards

for moot court competition

1. Winning team: Rs. 30,000/-
2. Runner up team: Rs. 15,000/-
3. Best Memorial: Rs. 10,000/-
4. Best Student Advocate: Rs. 10,000/-
5. Second Best Memorial: Rs. 5,000/-
6. Second Best Student Advocate: Rs. 5,000/-

Other categories of winners receive plaques and certificates in addition to the above awards. Certificates of participation will be given to all participants.

for Judgment Writing

• Winner: Rs. 25,000/-
• Runner up: Rs. 15,000/-

Rules for the competition

http://www.moot.in/moot1/case_documents/86/rules.pdf

For more details

Regarding Submission of Memorials etc.

Prof. P. Nagendramurthy,
Chairperson, Moot Court Committee,
JSS Law College
New Kantharaje Urs Road, Kuvempunagar
Mysore – 570 023, Karnataka
Ph: 0821 – 2548244; Fax: 0821 – 2548243
E-mail: nagendramurthy_law@rediffmail.com / nagendramurthymp@gmail.com

Regarding case & online registration

Preetam Surana
Advocate & Head, Academic Initiatives
Head (Admin), Litigation & Arbitration Practice
Surana & Surana International Attorneys
Email: mootcourt@lawindia.com
Ph: 044 – 2812 0000, Fax: 91 – 44 – 2812 0001

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National Law School Business Law Review

The NLS Business Law Review is the leading publication on business laws in India run by the students of the National Law School of India University. The NLSBLR has featured scholarship by a wide range of leading academics, practitioners, and luminaries, such as Justice V. Ramasubramanian (Supreme Court of India), Phillip R. Wood (QC, Allen and Overy LLP), Prof. James J. Nedumpara (Jindal Global Law School), Rajat Sethi (Founding and Managing Partner, S&R Associates), Prof. Régis Bismuth (Sciences Po) and Prof. Anurag K. Agarwal (IIM Ahmedabad).

Mandate

The NLS Business Law Review intends to recognize and foster academic research and scholarship in commercial law by examining the myriad regulatory frameworks, domestic or international, that impact doing business in India or globally. NLSBLR particularly welcomes submissions applying comparative international perspectives. The mandate of the NLS Business Law Review thus, inter alia, includes company law, securities and capital markets regulation, banking and finance, taxation, foreign investment, competition law, commercial dispute resolution, contract and commercial law, and employment law.

Submission Guidelines

The NLSBLR Journal accepts and reviews submissions on a rolling basis. Submissions must fall within the mandate of the journal, which can be found here. They attempt to review and process articles within 8-10 weeks of submission. Please follow up with NLSBLR, if you have not heard from them within 8-10 weeks.

Categories: NLSBLR accepts submissions under the following categories:

• Articles (6,000 – 10,000 words) are comprehensive publications that analyse important themes, and may adopt comparative perspectives.
• Essays (4,000 – 6,000 words) typically identify a specific issue, which may be of contemporary relevance, and present a central argument.
• Case Notes, Legislative Comments, Book/Article Reviews (1,500 – 3,000 words).

Further Guidelines

• Please fill the form available here to submit the manuscript.
• All submissions must be in MS Word format (.doc) or (.docx), with Times New Roman font (Main text: size 12 and double spaced, footnotes: size 10 and single-spaced).
• All manuscripts must be accompanied by a covering letter with the name(s) of the author(s), institution/affiliation, the title of the manuscript, and contact information.
•  An abstract of not more than 250 words shall have to be provided.
• No biographical information or references, including the name(s) of the author(s), affiliation(s) and acknowledgments should be included in the text of the manuscript, file name or document properties. All such information may be incorporated in the cover letter accompanying the manuscripts.
• The NLSBLR uses only footnotes (and not endnotes) as a method of citation. Submissions must conform to the Oxford Standard for Citation of Legal Authorities. Please note that SCC citations for cases must be preferred wherever available.
• Submissions are accepted for publication on the condition that they do not infringe the copyright or any other rights of any third parties. All submissions would be checked for plagiarism.
• Submissions made to NLSBLR shall be on an exclusive basis and must not be concurrently under consideration by any other publication.

For further details please contact

Aditi Sheth, Editor-in-Chief or Anshita Agrawal, Deputy Editor-in-Chief at nlsblr@nls.ac.in

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About SVKM’s NMIMS Navi Mumbai

Established in the year 2018, SVKM’s NMIMS School of Law, Navi Mumbai offers two courses, BA-LL.B (Hons.) and BBA-LL.B (Hons.), in order to provide the legal industry with young lawyers in the field of corporate law as well as in the judiciary and other likewise law professions. The Aim is to focus on filling the need to keep the legal industry on its toes. The courses are designed in such a way that apart from imbibing knowledge of law, the institution also prepares the students for the real world by honing one’s skill of presenting arguments with respect to the society, to interpret the pre-defined laws in the most efficient way with political and historical touch in it, and to be flexible and adaptive to the corporate environment. Students are engaged in internships and various para-academic activities. The School also offers all possible opportunities for international exposure and global experience and also teaches selective foreign languages to make communication easy. These allows the students to gain knowledge of law and form their own perspective in the field.

About The Conference

The National Corporate Law Conference (NCLC) is a global initiative to bring together the best research in M&A, Corporate governance, Venture Capital and Corporate Securities relating to Corporate Law at a yearly conference to be held at SVKM’s NMIMS School of Law, Navi Mumbai. The aim of the conference is to attract current research papers of the highest scholarly quality in the field of corporate Law. The conferences are primarily ‘academic-to-academic’ events with some participants from industry and the public sector and other invited panelists.

Procedure of Paper selection

Selections will be made by a Conference Committee from papers that are submitted online before 30th November, 2021 (at midnight IST) through the form contained below. Researchers will be notified whether their paper has been accepted for the Presentation at the conference before 12th December, 2021.

Organization

The conference will take place over two days. In addition to the research presentations, there will be two panel discussions involving participants from industry and the public sector.

Link for paper submission

https://docs.google.com/forms/d/e/1FAIpQLSdY9YZGOaizokaChPTyinKfY6vJW5yzsYaleL3SCf2LJJvKxw/viewform

Theme & Sub-Themes

Theme – Evolving Principles of Corporate Law: Lessons to Learn, Unlearn & Relearn

1. Key Challenges in Indian M&A and Exits
2. AIF, FPI, and FDI – The Smart Acquisition Structures in M&A.
3. Procedure and Protection of Intellectual Property in M&A
4. Due Diligence in Closing and Post-Closing Management,
5. SPAC as a Method of Overseas Listing
6. M&A Transactions and Tax Issues
7. Regulatory Challenges in M&A w.r.t CCI, RBI and SEBI
8. Financial Crisis through Corporate Law Governance
9. Accountability Mechanism in MNCs – The Mediating Role of Corporate Law
10. Private Equity Investments in Indian Companies
11. Regulatory Aspects of ESOP – Indian Overview
12. Decriminalisation of Offences under Companies and LLP Act – Need of the hour?
13. The Regime of Foreign Direct Investment – Boon or Bane?
14. The Futuristic Opportunities of Corporate Law
15. Extra-territorial Application of India’s Securities Law – Has SEBI cast its net too wide?

Please note that the list of sub-themes is merely suggestive and non-exhaustive in nature. The authors can choose to submit manuscripts on other relevant and contemporary topics.

Eligibility

The conference invites academicians, practitioners, students of law pursuing their LL.B (Hons.)/LL.B/LL.M from any recognized university to submit their entries.

Important dates

Submission deadline- 30th November, 2021 Date of conference- 17th & 18th December, 2021

Awards

Best Paper Award – Rs. 3000/- Selected papers will be published as an e-book on the website of NMIMS School of Law, Navi Mumbai.

Registration Fee

Single Author – Rs. 400/- Co-Author – Rs. 650/-

Submission Guidelines

Please note that the submissions must conform to the following requirements:

1. Co-authorship permitted up to 2 authors
2. All submissions to be made as MS Word Files (.doc/.docx)
3. Word Limit – A minimum of 3000 words and a maximum of 5000 words including an abstract of 200-250 words with 5 keywords. Word Limit is exclusive of footnotes. The abstract may highlight the central theme/issue discussed, the main arguments put forth, and the conclusion of the article.
4. Citation Style: Harvard Bluebook 20th Edition
5. Font Formatting – (i) Heading 1: Times New Roman, Size 16, Bold, 1.5 line spacing, justified alignment (ii) Heading 2: Times New Roman, Size 14, Underlined, 1.5 line spacing, justified alignment, 1.27 cm left indent (iii)Heading 3: Times New Roman, Size 12, Italics, 1.5 line spacing, justified alignment, 2.54 cm left indent (iv)Body: Times New Roman, Size 12, 1.5 line spacing, justified alignment (v)Footnotes: Times New Roman, Size 10, 1.0 line spacing, justified alignment
6. Permissible plagiarism up to 20 percent.
7. Quotations should be clearly indicated and accurate, indicated by using double inverted commas only. When using a separate paragraph for a quotation, the same must be indented and italicised.
8. Bibliography/IOA not required. Please ensure footnotes are exhaustive. We encourage speaking/explanatory footnotes to further elucidate your ideas. Endnotes are discouraged
9. Please ensure there are no identity markers in the document like name of author/s, name of institution, etc.
10. Please name the document as “First Author’s Full Name_First Author’s Institution Name in Short”. For example: Niharika Ravi_NMIMS.
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CITATION

Civil appeal No. diary No. 32601 of 2018

APELLANT

Ms.  Vineeta Sharma

RESPONDENT

Ms. Rakesh Sharma

DECIDED ON

24^th August 2020

COURT

Supreme court of India

JUDGES

Justice Arun Mishra, Justice S. Abdul Nazeer, justice M.R. Shah

AREA OF LAW

Section 6 of Hindu succession act, 1956

BACKGROUND

Mr Dev dutt Sharma and his wife had 3 sons and a daughter named Rakesh Sharma, Satyendra Sharma and vineeta Sharma respectively. Mr Dev dutt Sharma passed away on 11 December 1999 and one of his three sons who were unmarried passed away on 1^st July 2001. Later, Ms. Vineeta Sharma filed a case against rakesh Sharma, satyendra Sharma and her mother stating her right to receive 1/4^th  share of her father’s property. The respondents claimed that she ceased to become the member of joint family once she got married.

ISSUE

Earlier according to Hindu succession act, 1956 only male members of the family were considered as co- parceners. But later according to the 2005 amendment act (section 6) daughters were also considered as co- parceners since birth and they are also equally liable. But the question raised was as the amendment got implemented on 9^th September 2005, whether it is applicable to the cases if the father got expired before the date of implementation of amendment or it’s important for the father to be alive.

JUDGEMENT

Before this case, several other cases were taken as an account for property succession of daughters. The landmark cases that finally worked as a precedent for the case was:

1. Prakash v. phulwati [1]: in this case the two judge bench consisting justice Anil Dave and Justice A.K Goyal stated that it’s necessary for the father to be alive to pass his property rights to his daughter.
2. Danamma v. Amar[2] : in the case the two judge bench consisting justice A.k sikri and justice Ashok Bhushan stated that even if the father passed away on 2001 ( years before the implementation of       the amendment) still the property can be passed on to his daughter.

Finally after all these judgements, the three judge bench stated that women acquire their right for ancestral property by birth even if the father is alive or not.

RATIO DECIDENDI

• The verdict passed for the case had ended the legal ambiguity regarding the transfer of property rights for women by granting equal rights to acquire ancestral property.
• The judgement had made clear that no one can discriminate citizens on the basis of gender and gender cannot be deemed as an account for granting property rights. It thus strengthens the ideology of article 14 ( right to equality) and article 15 ( right against discrimination)
• It also empowers woman who are economically backward to cease the implication of male authority over them.

CONCLUSION

This case helped to implement the idea of women empowerment by providing equal property rights for both male and female.

END NOTES

1. (2016) 2 SCC 36
2. 2018(4) ADJ406
3. https://indiankanoon.org/doc/67965481/

This case analysis is written by Nourien Nizar studying at Government Law College, Ernakulum