LEXPEEPS editor – Page 359

The Centre for Innovation, IP and Competition (CIIPC) is inviting internship applications from students who have extensive interest in the areas of open science, open access, open data, open source software, or open hardware.

About CIIPC

CIIPC has been established at NLU Delhi with the aim of supporting academic and policy oriented dialogues in the areas of innovation, IP and competition. CIIPC focus on interdisciplinary legal research in the areas of innovation, IP and competition, particularly using the law and economics approach. The Centre aims to discuss contemporary issues of fundamental and empirical nature, conduct legal and policy training in innovation, IP and competition and build a network of scholars in these areas. CIIPC has contributed extensively to the discussions on open science and the Open Science India Report published by CIIPC can be accessed from this link. More details about the centre can be accessed at www.ciipc.org.

Role of Interns

The selected interns will primarily be expected to support Centre’s diverse research activities in the areas of open science, open access, open data, open source software, and open hardware.

Qualifications

Undergraduate, postgraduate or doctoral students from any discipline may apply. However, the candidate must have demonstrable interest in the areas of open science, open access, open data, open source software, or open hardware. .
Strong research and writing skills are necessary.

Duration

Minimum duration of internship shall be 8 weeks. However, this may be extended based on the performance review. Online internship is permitted and physical presence on NLU Delhi campus is not required.

Application Process

The application for internships will be on a rolling basis and we will start evaluating applications from July 10, 2021 (7.00 pm IST) and make offers to students that meet the needs for our projects. Interested applicants may send the following information and materials to careers[at]nludelhi.ac.in with a cc to aditi[at]ciipc.org. We encourage applicants to apply at the earliest.

Curriculum Vitae (Maximum 2 pages)
Motivation letter (Maximum 750 words, clearly illustrating the interest and/ or experience in the areas of open science, open access, open data, open source software, and open hardware.
A short note (not more than 750 words) on Open Science in South Asia
One academic writing sample of at least 750 words (published or unpublished).

The subject of the e-mail should be “CIIPC | Application for Internship – Open Science”.

Note

National Law University Delhi is an equal opportunity employer.
National Law University Delhi reserves the right to conduct telephonic or video interviews and the right to request any additional documents to facilitate the screening of applications.
National Law University Delhi reserves the right not to fill these internship positions.
Any queries regarding the internship may be addressed to aditi[at]ciipc.org.

Official Notification:

http://ciipc.org/2021/06/26/call-for-interns-open-science/?preview=true

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Job Description for Freshers:

We’re recruiting a brilliant legal mind to join our legal team. You will draft, review, interpret, and translate legal requirements as a member of our team, successfully communicating these to the clients. This is an excellent opportunity for someone who wants to obtain valuable experience in a fast-paced and varied setting.

Minimum Qualifications and Desired Additional Skills & Competencies

Law Degree from a recognized university
Admitted as a qualified lawyer in India
Excellent verbal and written skills in Hindi, English, and Punjabi
Organize and prioritize work to meet deadlines
Prepare timely inputs
High-level IT/computing skills (minimum: Microsoft Outlook, Word, Excel, PowerPoint)
Ability to work independently to fulfill assigned tasks
Ability to navigate through ambiguity in a fast-paced, dynamic environment.
Strong attention to detail and communication (written and verbal), time management, analytical, and investigative skills.

RESPONSIBILITIES

Conduct Legal Research.
Keeping up with current changes in all relevant areas of laws and contributing to the enhancement of the knowledge base of the company’s legal function.
Must be highly analytical and able to examine the facts related to cases and contracts in order to develop a compelling legal argument.

What will you bring to the Team?

To take an active role in the management of prospective lawsuits.
Ability to write for outreach and advocacy purposes only, as well as academic research-based writing. A track record of conducting research and authoring papers, reports, and presentations will be advantageous.
Strong communication skills to communicate both verbally (with clients, judges, or juries) and in written documents (such as legal summaries and statements).
Ability to operate both alone and as part of a multicultural team.
Strong drive and commitment to deliver results.

Angina Legal and Tech Solutions is a full-service consultancy and litigation firm. ALTS and its team navigates the complexities and provides strategic advice on legal matters. ALTS is dedicated to mitigate potential risks and identify solutions for the clients. ALTS ‘vision is to provide innovative strategic legal advice in futuristic technologies such as Drones, Blockchain, Virtual Currency, and Artificial Intelligence. ALTS and its team are Dedicated, result-driven, democratic organizations that leverage research, strategies, and knowledge to deliver extraordinary results and value to the clients as we understand the need, business, and innovation.

SALARY

As per industry standards

Employment Type

Full-time

How to Apply?

https://www.linkedin.com/jobs/view/2631900238

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About Accenture:

Accenture is a leading global professional services company, providing a broad range of services in strategy and consulting, interactive, technology and operations, with digital capabilities across all of these services. We combine unmatched experience and specialized capabilities across more than 40 industries – powered by the world’s largest network of Advanced Technology and Intelligent Operations centers. With 514,000 people serving clients in more than 120 countries, Accenture brings continuous innovation to help clients improve their performance and create lasting value across their enterprises. Visit us at www.accenture.com

Qualifications

Job Summary: • Overall, this person would be responsible for end to end Commercial Alignment and Contract management for the Project/assigned portfolio • Facilitation of all the internal approvals for the commercial aspects of deal shaping like Pricing Structure, Contract Risk Profile, taxation, bank guarantees etc • Review payment terms & acceptance criteria. Attend pre-bid queries and meetings • Work closely with the legal team to ensure that all the terms and conditions are adequately negotiated before the sign up; and once finalized ensuring effective execution of the same. • Interface with the client engagement leads and senior managers along with internal functions like Finance, HR, controllership & Legal • Interface with commercial or contract directors on the client side • Post contract signature ownership and management of contract • Manage changes to the contract due to any changes that may have an impact on the contract e.g. Enhanced or reduced scope • Flex commercial levers – Manage client relationship • Pro-actively manage the risks and run the governance process if required • Manage documentation and facilitate all important communication with the government

Skills Required:

• Candidate should be from the Presales background and Contract Management experience would be preferred • The person should be adept in Managing the Contract & obligations in India (Large Contracts) Qualifications Required: Education: • MBA Finance / CA / Legal/Paralegal Background (Good academic pedigree) Work Experience: • Minimum 8-12 Years of experience either in sales or Presales/Client Relationship Management/Commercial/Contract mangement • Good amount of experience in Contract management/Bid Management/Presales Professional Development Skills: • Excellent communications skills (written, verbal, interpersonal) • Effective negotiation skills • Ability to develop requirements based on leadership input • Problem Solving and Conflict management • Excellent organizational and analytical skills • Strong self starter and ability to work effectively with minimal direction • Excellent attention to detail Accenture is an equal opportunities employer and welcomes applications from all sections of society and does not discriminate on grounds of race, religion or belief, ethnic or national origin, disability, age, citizenship, marital, domestic or civil partnership status, sexual orientation, gender identity, or any other basis as protected by applicable law”

Official Notification:

https://www.accenture.com/in-en/careers/jobdetails?id=55681_india_3&src=LINKEDINJP

How to Apply?

https://acnsts.accenture.com/adfs/ls/?wa=wsignin1.0&wtrealm=urn%3afederation%3aaccenture&wctx=8110c35f-269a-4d08-a3f1-ffa2297fb362&wct=2021-07-06T09%3a58%3a57Z

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About us:

JPMorgan Chase & Co., one of the oldest financial institutions, offers innovative financial solutions to millions of consumers, small businesses and many of the world’s most prominent corporate, institutional and government clients under the J.P. Morgan and Chase brands. Our history spans over 200 years and today we are a leader in investment banking, consumer and small business banking, commercial banking, financial transaction processing and asset management.

We recognize that our people are our strength and the diverse talents they bring to our global workforce are directly linked to our success. We are an equal opportunity employer and place a high value on diversity and inclusion at our company. We do not discriminate on the basis of any protected attribute, including race, religion, color, national origin, gender, sexual orientation, gender identity, gender expression, age, marital or veteran status, pregnancy or disability, or any other basis protected under applicable law. In accordance with applicable law, we make reasonable accommodations for applicants’ and employees’ religious practices and beliefs, as well as any mental health or physical disability needs.

About the team:

Our professionals in our Corporate Functions cover a diverse range of areas from finance and risk to human resources and marketing. Our corporate teams are an essential part of our company, ensuring that we’re setting our businesses, clients, customers and employees up for success.
With large, global operations, the Legal team tackles complex issues and helps shape the regulations that affect the businesses. The group is organized into practice groups that align with the lines of business and corporate staff areas, which encourages collaboration on legal, regulatory and business developments as they arise.

Legal Department Description

The Legal Department of JPMorgan Chase & Co is responsible for the provision of legal services to the Corporation and is organized by practice groups that generally align with the Corporation’s lines of business and corporate staff areas. This structure encourages legal teams and businesses and staff areas to discuss legal, regulatory and business developments effectively and in a timely manner.

Location and Reporting Lines

The position is in Mumbai, at J.P. Morgan’s Corporate Centre (“MCC”), reporting into the team lead for APAC Markets in the MCC who in turn is accountable to the APAC Regional Markets Practice Group (the “APAC Markets PG”).

Role and Responsibilities

The APAC Markets PG provides legal support to the APAC Markets businesses engaged in derivatives transactions across all asset classes, structured investments/financial products in the form of notes, warrants and certificates linked to multiple asset classes, cash equities, global investor services (prime brokerage and securities financing) as well as foreign exchange, commodities, futures, and derivatives clearing and intermediation. An APAC Markets Legal team has been formed in the MCC (‘Markets MCC team”) which is as an integral part of the APAC Markets PG, working closely and interacting with APAC Markets PG lawyers in Australia, Hong Kong, Japan and Singapore.

The successful candidate will be a member in the Markets MCC team (‘Markets MCC team member”) and will be responsible for:

· the Markets MCC team’s provision of legal transactional support to the APAC Markets businesses based on internal guidance and standard operating procedures, including:

o review and support of wholesale financial transactional documentation including credit, trading, TOBs, prime brokerage, derivatives and regulatory driven documentation;

o review of constitutional documents, to ensure that all the requisite corporate consents and capacity and authority requirements are in place prior to finalization of agreements and subsequent commencement of business or trading;

o providing support on global documentation or remediation projects;

o providing gap analysis and summary of transaction and client specific deviations in negotiated agreements from standardized templates or against playbooks and policy manuals to identify discrepancies, escalation mechanisms and managing remediation exercises;

o entering and managing data from standardized or negotiated agreements into internal systems and assisting in the maintenance of databases relating to firm-wide initiatives; and

o drafting, reviewing and finalizing documentation including notices, consents, MOUs, LOIs and RFPs, etc. in accordance with existing templates.Qualifications and Experience

· A minimum of 2-7 years PQE in professional practice and/or in in-house experience covering Markets related work in a comparable financial institution;

· Strong drafting, negotiation and legal analytical skills;

· Excellent communication skills (both verbal and written) with the ability to interact with senior business personnel and stakeholders in other functions;

· Self-directed and highly motivated attitude coupled with an ability to work collaboratively in a high performing team;

· Ability to interact and communicate effectively at a local, regional and global level and work in a cross-functional, cross-jurisdiction, team to achieve common goals;

· Competency in the use of technology, documentation management systems and shared databases will be viewed favorably;

· Ability to identify and escalate issues timely and appropriately;

· Comfortable working to metrics and data measurement systems; and

· Ability to work in a fast-paced environment and within tight deadlines.

Please note:

a. CONFLICTS OF INTEREST:

Qualifications: All candidates for roles in the Legal department must successfully complete a conflicts of interest clearance review prior to commencement of employment.

b. LICENSING:

Qualifications: JD or educational equivalent required. Attorney candidates must be in compliance with all relevant licensing requirements including the requirements of the jurisdiction where the role will be located prior to commencement of employment.

How to Apply?

https://jpmc.fa.oraclecloud.com/hcmUI/CandidateExperience/en/sites/CX_1001/job/210030892/?utm_medium=jobshare&src=LinkedIn_JPMC

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Case Number

Civil Appeal No. 1242 of 1968.

Equivalent Citations

(1971) 2 SCC 873, [1972] 1 SCR 1034, [1971] 82 ITR 680, (1972) 1 CTR 124

Bench

P. Jaganmohan Reddy and C.A. Vaidialingam, JJ.

Date of Judgement

October 11, 1971

Relevant Act/ Section

Indian Income-Tax Act, 1922 – Section 26A

Indian Partnership Act, 1932 – Sections 4, 14 and 18

Facts and Procedural History

In this case, the appellant was a firm made up of six partners. The firm was doing business since October 1, 1958, and the deed of partnership was signed on March 20, 1959. Thereafter, in August 1959, the firm got registered under the Indian Partnership Act of 1932. The firm applied to an Income Tax Officer (ITO) for registration under Section 26A of the Income Tax Act for the assessment year 1959-60. The registration was to be done in the name of M/s K.D. Kamath and Company. However, the ITO declined the application stating that the deed of the partnership was not genuine and thus, no partnership had been constituted. It further stated that the firm was a sole proprietorship of K.D. Kamath.

The appellant then appealed to the Appellate Assistant Commissioner (AAC), who sustained the order of the ITO. The appellant then further appealed to the Income-tax Appellate Tribunal. The Appellate Tribunal held that the two essentials of partnership – an agreement between the partners to share profits and losses, and the partners acting as agents – were fulfilled in this case. It was mentioned in the partnership deed that the partners will be sharing all profits and losses, and the other partners could act as the agents of the firm when authorized by K.D. Kamath. Thus, the partnership deed was held to be genuine and the ITO was directed to register the firm.

The matter was then referred to the High Court by the Tribunal. The High Court was of the view that the first condition essential for a partnership was satisfied in this case, as there was an agreement between the parties to share their profits and losses. It then focussed on the second essential, i.e., whether the partners are acting as agents or not. It observed that since the complete control of the business was with K.D. Kamath, the first partner, and all the other partners did not have the power to act as agents of the other, so the second essential element, i.e., the agency was absent here. Thus, the firm could not be granted registration.

The appellant then filed an appeal in the Supreme Court against this decision of the High Court.

Issue Before the Court

The main issue, in this case, was whether the firm, M/s K. D. Kamath & Co., can be registered under Section 26A of the Income Tax Act for the assessment year 1959-60.

The ratio of the Case

In some cases, the High Courts had given the following essentials of a partnership:-

The existence of an agreement between the partners for the sharing of all profits and losses incurred in the business of the firm.
Each of the partners must be able to act as an agent of all.

However, the Supreme Court stated that as per Section 4 of the Indian Partnership Act, the second essential is as follows – the business of the firm should be conducted by all the partners or by any of the partners acting on behalf of the others. Hence, the principle of “agency” is implied here.

In this case, though the authority to conduct and run the business is vested in the first partner, K. D. Kamath, he is acting for all the other partners. Also, it was mentioned in the deed that the business of the firm was to be done for the common interests of all. Moreover, it is given in Section 11 of the Partnership Act that the parties can form agreements to ascertain their rights and duties.

Thus, the second requirement is fulfilled. And since there was already an agreement for the sharing of profits and losses, both the prerequisites of a partnership are satisfied here.

Decision of the Court

The Court held that all the essentials of the partnership were satisfied and the decision of the High Court that the appellant cannot be granted registration was not sustained. Thus, the firm was held to be eligible for registration under the Income-tax Act for the assessment year 1959-60.

This case analysis is written by Muskan Harlalka, a second-year BA LLB (Hons.) student at the School of Law, Mody University of Science and Technology, Lakshmangarh, Rajasthan.

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Introduction:-

Fashion surrogacy means, where women who feel their figure would be disturbed if they carry a baby and thus opt for surrogacy. Fashion surrogacy is a statement made by Sushma Swaraj. She said that surrogacy is now becoming a fashion. This procedure is carried out when a mother’s egg is extracted and fertilized with the father’s sperm. The fertilized egg is subsequently implanted in the uterus of the Surrogate Mother, who is responsible for carrying the child to term.

Surrogacy Bill of 2019:-

The Surrogacy (Regulation) Bill 2019 was introduced in the Lok Sabha with the goal of making altruistic surrogacy more accessible in India. The government says that controlling surrogacy will stop the practice from becoming overly commercialized. Surrogacy has become commercialized, putting a lot of women from low-income backgrounds who lend their wombs in jeopardy.

Commercial surrogacy is illegal and punitive in India, Surrogacy for profit is when a surrogate mother is compensated to carry a child. Altruistic Surrogacy is the only type of surrogacy permitted in the country. Although the surrogate will not be paid, she may opt to do it out of goodwill for the couple. As a result, numerous relatives volunteer to be the child’s surrogate. Surrogacy is only available to Indian citizens under the bill. In India, foreigners and non-resident Indians are currently prohibited from finding surrogate mothers.

How is Surrogacy becoming a Fashion?

Sushma Swaraj, a Union Minister, criticized some celebrities for making surrogacy a trend and shauq (hobby). She claimed that some celebrities who already have children – both boys and girls – use surrogacy to have another child because they don’t want to put their wives through (labor) pain. She cited a number of celebrities who, despite having their own children, chose to have a surrogate child. Shah Rukh Khan, Amir Khan, and Tusshar Kapoor, all from Bollywood, are among the celebrities who have had children through surrogacy. I’m sorry to hear that what began as a necessary practice has turned into a passion. This isn’t something to be enjoyed, which is becoming a fashion these days.

Features of the Surrogacy (Regulation) Bill, 2019 :-

It mandates the establishment of surrogacy boards at both the national and state levels in order to ensure effective regulation.
It aims to make ethical altruistic surrogacy available to infertile Indian married couples aged 23-50 for the female and 26-55 for the male.
Surrogacy would be available only to Indian couples who have been legally married for at least 5 years.
Before proceeding with surrogacy, the couple must get a certificate of essentiality as well as a certificate of eligibility. It further states that intending parents should not, under any circumstances, abandon the child delivered through surrogacy.
The new born child is entitled to all of the same rights and advantages as a natural child.
The bill also aims to regulate surrogacy clinics’ operations. In order to perform surrogacy or associated treatments, all surrogacy clinics in the country must be registered with the proper authority.
Surrogate mothers are protected in numerous ways under the bill. One of them is long-term insurance coverage that covers not only the pregnancy but also the postpartum period.
It also states that when it comes to surrogacy, no sex selection is permitted.

What are the issues related to the Surrogacy (Regulation) Bill 2019?

Surrogacy is currently legal in India because there are no laws against it. Surrogacy (Regulation) Bill 2019 aims to outlaw commercial surrogacy and only allow altruistic surrogacy. Contracting a “near relative” as a surrogate by a heterosexual married couple who has been childless for five years is known as altruistic surrogacy.

The Surrogacy (Regulation) Bill 2019 solidifies the ban on commercial surrogacy, but it falls short of addressing the greater social, physical, psychological, emotional, and economic challenges that continue to jeopardize the surrogate mother’s and child’s welfare and safety.

Surrogacy in India and Need for Regulation :-

A surrogate mother is a woman who bears a child on behalf of another woman, either from her own egg or from the implantation in her womb of a fertilized egg from another woman.

Kanupriya aka Durga, the world’s second and India’s first IVF (in vitro fertilization) baby, was born in Kolkata on October 3, 1978. The field of assisted reproductive technology (ART) has progressed considerably since then.

Infertility is becoming more common as a medical illness, which is a major hindrance to couples’ general well-being and cannot be neglected, especially in a patriarchal society like India. Surrogacy is a lifesaver in this situation.

Why Shilpa Shetty chose Surrogacy and Why is it on a Rise?

Surrogacy was used by Shilpa Shetty to conceive her daughter. She revealed in a recent interview that she has always wanted a sibling for her son. “I had wanted to have another child for a long time after Viaan,” the actor revealed. However, I had an auto-immune illness known as APLA, which came into play every time I became pregnant. So, I’d had a couple of miscarriages, and it was a real problem.”

Shilpa also discussed how she considered adoption because she didn’t want her son to grow up alone. Everything was in motion. The Christian missionary, however, abruptly ceased operations due to a disagreement with Kara.

We opted to go the surrogacy route after waiting nearly four years,” Shilpa stated.

Samisha was born after three attempts after a five-year struggle to conceive. Shilpa further described Samisha’s meaning: “’ Sa’ in Sanskrit means “to have,” and “Misha” in Russian means “someone like God.”

How Surrogacy became Boon for Couple who has such problem:-

Woman born without a uterus
Lost for any medical reasons like cancer or profuse uncontrollable bleeding
Malformed uterus in shape or size
Recurrent abortions/miscarriages
Failure of implantation in multiple IVF cycles
Cardiac/Renal/Neuro patients
Single-living men opt for single parenthood

Conclusion:-

The bill tries to prevent surrogacy from becoming a business in India. It does, however, permit altruistic surrogacy, in which the surrogate mother is entitled to no monetary compensation other than her medical expenses and insurance coverage during the pregnancy. Commercial surrogacy, on the other hand, entails the surrogate mother receiving monetary compensation in addition to her essential medical expenses and insurance coverage.

This article is written by Kiran Israni, 2^nd Year Law Student of Baba Saheb Ambedkar College of Law, Nagpur.

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Introduction

Sting operations are the activities performed by people by hiding their true identity to investigate a matter and bring out the illegal activities performed by any person. Prevalently such Sting operations are conducted by Journalists and Police to uncover corrupt Legislative and administrative leaders and officers respectively. It is also performed to catch a criminal and make people aware of his criminality, who asserts to be innocent. Such operations raise an issue of Legality and Morality of these practices which are further discussed in the Article.

Impacts of Sting Operations

Sting Operations can have both Positive as well as Negative Impacts on society.

Positive Impacts – The positives are the legitimate concern for the overall population and planned to penetrate the cover of the government’s working procedure.

Negative Impacts– To increase Television Rating Points. Sometimes Media houses show fabricated Sting Operation videos to maintain the “Interest of People” in their channel rather than working for “Public Interest”.

Constitutionalism

RIGHT TO PRIVACY

Constitution of India provides a Fundamental Right to Privacy under Article 21. Sting operation. In the landmark Judgment of K.Sv Puutuswamy Supreme Court stated that the Right to Privacy is an integral part of the Right to Life and Personal Liberty.

RIGHT TO KNOW

Supreme Court in a landmark judgment of Maenka Gandhi stated that the people of India acquire the Right to Know under the Fundamental Rights of the Constitution.

RIGHT TO REPUTATION

Article 19(2) states that nothing should bring defamation to a person while exercising freedoms guaranteed under the same Article clause 1. Therefore, Media is under the restriction of not to defame a person by presenting a fabricated video of a Sting Operation to the General public.

Admissibility as Evidence in Court of Law

“It matters not how you get it; if you even steal it, it would be admissible as evidence.” The principle is applicable in the common law. However, there have been various contradictory views and orders of various Courts and different case laws. The evidence acquired as Sting Operation is considered as Extra-judicial Evidence as an electronic record given to a third party, makes it admissible. This concludes in respect of admissibility that courts have a discretionary power on Sting Operations.

Journalism vis a vis Sting Operation

Montesquieu in his book “Spirits of the Law” stated that Media is the fourth pillar of Democracy. Further in the Constitution of Freedom of Press is provided as a Fundamental Right under Article 19 with certain reasonable restrictions. People today live in a world of Technology and Social Media, therefore it is as easy as ABC to influence people on a large platform of the Internet, which increases the responsibility of Media in conducting its work in the most efficient, impartial, and ethical manner. The most watershed incident of Sting operation of History in India is the ‘Tehlka’ Sting operation. Some more prominent sting Operations conducted by Media were-

Operation named ‘DURYODHAN’ – in which some member of Parliament were caught while receiving bribes for raising questions in parliament proceedings.
Inspector General Ayaash- the officer was caught sexually harassing a woman.
Members of Legislative Assembly of Bihar were caught in compromising position with prostitutes.

And a number of other Sting operations conducting by prominent media Channels like N.D.T.V, Aaj Tak, India T.V, Shara Samay, Star News, etc.

Judiciary’s Outlook

There is no particular legislation of provision provided under Indian laws related to validity and Legality of Sting operations which make Courts use their discretionary powers while deciding cases related to Sting operation.

This Evidence has been rendered inadmissible in the Court of Justice several times due to probabilities of editing, lack of clear audio, video imaging, unavailability of dates, time, and correct places. However, they have also been admissible in various cases such as Jessica Murder Case

State of U.P v. Raj Narain states “People of this country have all rights to know every Public Act”

Vijay Shekhar v. UOI – uphold Sting operations to be illegal with regard to corruption against eminent persons like former President Dr. A.P.J Abdul Kalam, former CJ Y.K. Sabjharwal.

Comparative Analysis with other Countries

United States of America

A sting operation in the USA is considered to be legal to uncover various offenses like drug trafficking, political and Judicial Corruption, prostitution, etc., the law there differentiates between the trap for innocents and trap for Criminals. The landmark case was Keith Jacoboson v. the United States.

United Kingdom

Allows Sting operations from a legal point of view- “A prosecution founded on entrapment would be an abuse of Courts’ process”

Conclusion

Sting operation needs to have legislation made on it which can guide the people at large, Judges and lawyers to decide whether such practice is acceptable if acceptable then up to what extent, what can be the elements and requirements to be admissible in the Courts, etc. while keeping in view every good and bad aspect of these operations. This makes it important to be a part of Law to maintain transparency and accountability of the Government as well as a detriment to society while infringing the privacy of people. The harmonious balance is the need of an hour with respect to the legality and morality of the Sting Operation to maintain a healthy Democratic character of the Country.

This article is written by Aakrati Thakur, student of BBA. LL.B 3^rd Year in Guru Gobind Singh Indraprastha University, Delhi Metropolitan Education, Noida.

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About the Organizers:

JECRC University, Jaipur, Rajasthan is one of the Premier Universities of North India, established under The JECRC University Act, 2012 of the Government of Rajasthan.

JECRC University had started the School of Law in 2017 with the approval of the Bar Council of India. JECRC University aims to provide a platform for young students to understand the inter-dependence of today’s world and its myriad challenges and opportunities.

About the Event:

JECRC University is conducting their 2nd National Virtual Moot Court Competition wherein, the proposition is related to the emerging IP Rights Laws and the participation cap is 40 teams.

Eligibility:

Students of three-year or five-year integrated law degree courses from any University/Law School/College/Department are eligible to participate in the Competition. However, a maximum of one Team shall be allowed to participate from any one University/Law School/College/Department.

Team Composition:

Each Team shall consist only of three members, comprising two speakers and one researcher.

Any alteration of the names of the team members shall be informed through writing email to ju.mootcourt@jecrcu.edu.in

Once the Competition commences, the team composition cannot be altered under any circumstances whatsoever. The inability of any team member to participate in accordance with the rules of this Competition shall lead to immediate disqualification of the Team from the Competition.

Registration Procedure:

The teams interested in participating are required to confirm their participation by filling up the Google form. The link of which is Google Form.

In order to complete the registration process, a team would be required to fill up all the credentials provided in the Google form, including identity cards.

Teams interested in participating will send in the required registration amount of Rs.1500/- via internet banking or any other mode in the following transaction details:

Account No.: 61285714302
Name: Priyanshi Khunteta
Bank: State Bank of India
Branch: Kishanpole Bazar, Jaipur
IFSC Code: SBIN0031462

Important Dates:

Release of Proposition, Rules and Commencement of Registration: June 25, 2021
Last Date for seeking Clarifications: July 7, 2021
Release of Clarifications: July 10, 2021
Last Date for Registration: July 12, 2021
Last Date of Submission of Memorials (Softcopy): July 25, 2021
Memorial Exchange: August 6, 2021
Oral Rounds: 7th to 9th August, 2021

Rewards and Prizes:

Winning Team Award: The winning Team will receive a prize worth Rs. 15,000/-
First Runner-Up Team Award: The first runners-up Team will receive a prize worth Rs. 11,000/-
Best Student Advocate/Counsel: The Best Student Advocate/Counsel will receive a prize worth Rs. 5,100/-
First Runner-Up Student Advocate/Counsel: The first runners-up Student Advocate/Counsel will receive a prize worth Rs. 3,100/-
Best Memorial: The Team submitting the best memorial will receive a prize worth Rs. 5,100/-
Best Researcher: The Best Researcher will receive a prize worth Rs. 3,100/-
First Runner-Up Researcher: The First Runners-Up Researcher will receive a prize worth Rs. 2,100/-
Certificate of Participation: To all the participants

Important Details:

JECRC-UNIVERSITY-2ND-VIRTUAL-MOOT-COURT-Competition-2021-Rulebook Download

MOOT-PROPOSITION_JECRC-University-2nd-NVMCC Download

Contact Details:

Moot Court Committee
School of Law, JECRC University, Plot No IS -2036 to 2039, Ramchandrapura Industrial
Area, Vidhani, Jaipur – 303 905 (Rajasthan), India
Email ID: ju.mootcourt@jecrcu.edu.in

Faculty Convener:
Ms. Ravina Parihar (+91 7597264202)

Student Convener:
Shreya Dangayach +91 9166246639.

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Organizers:

The School is conducted in international collaboration between University of Copenhagen, Charles University and University of Warsaw. The program is hosted by the Faculty of Law, University of Copenhagen, and prepared by the Study Hub for International Economic Law and Development (SHIELD).

Time:

2 – 13 August 2021

Place:

Online, participants will receive links.

The pricing scheme for the Summer School is as follows:	DKK	EUR (approximately)
Full participation in the IBL Summer School (6 courses):	29500	3967
Participation in 5 courses	26000	3496
Participation in 3 courses	16500	2219
Full participation graduate student fee	27000	3631

This year as a special offer you may register for one course. The price for individual courses is 6500 DKK (approximately 874 EUR)

A Certificate of attendance for 12 credits per course will be issued after the Summer School based on documented participation.

Schedule:

https://jura.ku.dk/ibl-summerschool/schedule/

Last date to register:

Registration no later than 31 July 2021 at 12:00.

To register visit: https://eventsignup.ku.dk/ibl-summerschool

Visit:

https://jura.ku.dk/ibl-summerschool/

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About the Organizer:

Bennett University has been established by the ‘Times Group’, India’s largest media conglomerate, and offers unique inter-disciplinary and contemporary courses through its Schools of Engineering and Applied Sciences, Management, Law and Media & Liberal Arts.

In addition, the University has also established the Centres for Innovation & Entrepreneurship and External Relation & Executive Education. Bennett University established the School of Law with a vision to strive for excellence in teaching, research, and advocacy towards Justice for all by shaping thought leaders in public policy of National and International dimensions.

Background:

Economic theory asserts that expected profits determine entry. However, for digital economies entry decisions are not driven by (immediate) profits like in traditional sectors. Profits start to pile up once the company is already quite successful (big and maybe already dominant), since in the digital economy turnover and profits are associated to size. Therefore, the digital industry poses many challenges to antitrust enforcement. In merger control the major issue is that very often big digital companies acquire smaller, sometimes only potential rivals. Static market power is unaffected because the smaller rival offers its services for free and did not yet develop any turnover, and yet many claim that these mergers should nonetheless be blocked because the smaller rival may have the potential to challenge in the future the market power of the big established digital firms. Abuse of dominance type cases require extensive analysis of data and of consumption patterns to detect market wide effects.

A related problem associated with this complexity, is that in many jurisdictions, antitrust cases last a very long time and the issues addressed may rapidly become irrelevant or at least not as relevant as originally believed. Finally, big digital companies, often, do not lead to a reduction of consumer welfare in markets where users already pay nothing for quite sophisticated services that they receive.

As a result, to challenge them, a new foundation for antitrust (one that would allow enforcers to consider reductions of total surplus on all sides of the market) would have to be developed, in order to make sure that what is prohibited is indeed (total) welfare reducing.

This has led to a globally growing interest and legislative efforts to discipline the market power of the big platforms in the digital economy and in particular a discussion is under way as to the need to integrate the antitrust toolkit with ex ante prohibitions to prevent anti- competitive practices by dominant platforms.

The one-day online symposium will discuss the following major themes:

What is the Indian experience with antitrust enforcement in the digital economy? What type of practice have been addressed and how successful have been (or could be) the remedies devised by the Competition Commission (CCI)?
Is Indian competition law sufficient to address the challenges associated to the most common anticompetitive practices of the big digital platforms? Pros and cons. Would ex-ante regulation be necessary and in case what type of institutional structure should be needed?

Who should Attend?

Government Officials, Industry Personnel, Lawyers, Policy Makers, Regulators, Academicians and Students

Subject:

Panel I: Assessment of Indian Competition Law Enforcement in Digital Markets
Panel II: Learning from International Experience and Calibrating the Enforcement of Competition Law

Registration:

Register for the symposium through the link given at the end of this post.
Registration for the Symposium is free.

Registration Deadline:

July 10th, 2021

Registration link:

https://lnkd.in/dzQMnWQ

Important Details:

Event poster Download

Contact Info:

Ashita Allamraju:
e-Mail ID: ashita.allamraju@bennett.edu.in
Contact Number: 9866692790
Praveen Tripathi: praveen.tripathi@bennett.edu.in

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