LEXPEEPS editor – Page 382

INTERNSHIP OPPORTUNITY: SANSADIYA- THE PARLIAMENTARIAN INTERNSHIP (Think India): Apply Now!

Posted on June 13, 2021

SANSADIYA:

With changing learning patterns, the participation of Students in Legislative Policy Framework has risen. Bills are often put into the public forum for discussions and suggestions. Students in course of their Internship are assisting Members of Parliament on issues which are put forth for discussion in Parliament.

Think India, through SANSADIYA aims at creating a similar learning platform for student community through Internship with Members of Parliament and Ministers for One-Month and assist them with issues like Analysis of Bill, Drafting Questions. Internship given to more than 75+ Students across the Nation from Premier Institutions and National Universities.

INTERNSHIP DETAILS

The primary role of this Internship is to provide in depth research support to her/his allotted MP for their parliamentary and constituency related work.

Also, includes drafting parliamentary questions to assist the MP, preparing the questions for zero hour debates, raising matters of public importance, drafting private members’ bills etc.

When Parliament is not in session, the Interns engage with policy makers, experts from various think-tanks, academicians from leading universities, and leaders from diverse public policy institutions through participation in workshops on important policy and development issues. This internship envisages providing the Students policy research and related issues.

Official Notification:

https://www.thinkindiaorg.in/Sansadiya.php

For regular updates, join us:

WhatsApp Group:

https://chat.whatsapp.com/BQ3gYzs6H9Z5SoRYq718zN

Telegram:

https://t.me/lexpeeps

LinkedIn:

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

Visit us for more such opportunities: http://lexpeeps.in/

Supreme Court Rescinds the Case Against Famous Journalist Vinod Dua

Posted on June 12, 2021

-Report by Anuj Dhar

The Supreme Court of India on Thursday quashed the case against Dua for his alleged comments against Prime Minister Narendra Modi in his YouTube show. A bench consisting of Justices Uday Umesh Lalit and Vineet Saran decided to rescind FIR No.0053 and free the petitioner of charges.

Key Highlights

Vinod Dua, the petitioner, is an Indian journalist and also has a show on YouTube namely The Vinod Dua show.
On 30th March 2020, the petitioner made hurtful allegations against the government and stated unfounded facts against the Prime Minister of India.
On 6th May 2020, FIR No.0053 was filed by a BJP leader against the petitioner which pointedly referred to two segments in the talk show and generally dealt with the number of allegations made by the petitioner in said talk show to submit that the actions on part of the petitioner amounted to offences punishable under penal provisions referred to in the FIR.
After the review of the FIR, it was decided that the petitioner shall not be arrested in connection with the present crime. However, the petitioner shall fully cooperate with the Police force through Video Conferencing or Online mode.
On June 14th, 2020, the Supreme Court held a special sitting to take up a writ petition by Vinod Dua to quash the FIR lodged against him by a BJP leader in Shimla.

Contentions of the Petitioner

Being a renowned journalist, the petitioner was entitled to and did nothing more than critical analysis of the functioning and the actions of the Government.

He was touching upon issues of great concern so that adequate attention could be given to the prevailing problems.
The petitioner did his duty to bring forward the dispassionate and critical appraisal of the Government. Dua’s actions were covered by Explanations 2 and 3 of Section 124A, IPC3, and exception to Section 505 IPC3 and were within his Right of Free Speech and Expression guaranteed under Article 19 (1)(a) of the Constitution of India.
No FIR should be registered against a person belonging to media with at least 10 years of standing unless cleared by the Committee as suggested.

Contentions of the Respondent

Mr. Vinod Dua is spreading fake and malicious news by stating that the Prime Minister has garnered votes through acts of terrorism. This directly amounts to inciting violence amongst the citizens and will further disturb public tranquility. This is an act of instigating violence against the government of India and the Prime Minister. Whoever makes or circulates false claims, alarms, or warnings relating to a disaster or its severity or magnitude, leading to the panic of the citizens of the country, shall on conviction, will be punishable with imprisonment which may extend to 1 year or with fine.

The Decision by the Supreme Court

The Supreme Court of India on Thursday quashed the case against Dua for his alleged comments against Prime Minister Narendra Modi in his YouTube show, saying a verdict of the year 1962, namely Kedar Nath Singh, entitles every journalist to protection. The prayer that no FIR be registered against a person belonging to media with at least 10 years of standing unless cleared by the Committee was rejected by the Supreme Court. Writ Petition was allowed to the aforesaid extent and FIR No.0053 dated 06.05.2020 registered at Police Station Kumarsain, District Shimla, Himachal Pradesh was quashed.

Relevant Sections

Indian Penal Code,1860 – Section 124A, 268, 501 and 505
Disaster Management Act – Section 52, 54.
Article 32 in The Constitution of India 1949
Article 19(1)(a) in The Constitution of India 1949

On Bail Plea of Asaram Bapu, Victim’s Father Moves to Supreme Court

Posted on June 12, 2021

Asaram Bapu who has been sentenced to life imprisonment for raping a teenage girl in his ashram has now recently filed a bail application in Supreme Court. After getting to know this the victim’s father has moved to Supreme Court, opposing the bail plea of Asaram Bapu.

The rape victim’s father state’s that Asaram Bapu will organize revenge killing of him, his families, and eyewitnesses if bail is been granted. He submitted that the petitioner is highly influential and has a political connection and also millions of blind followers. Many eyewitnesses have already been attacked in the past by the accused and recently the applicant himself has been threatened by Asaram Bapu’s connection. And in case bail is granted to him then it is likely that he and his family will be attacked and also he has hired Kartik Haldar who killed and attacked an eyewitness who confessed to the police.

The motive of the accused is evident by various moves of the accused such as recently the petitioner has been attempting to change the venue of his custody; the accused is also deliberately delaying the pending trial at Gandhi Nagar and Jodhpur even though he is stable and fit. Rajasthan government has also told the top court that Asaram Bapu is fit and stable but trying to change the venue of his custody deliberately.

-Report by Riddhi Dubey

Doctors Cannot be Held Liable for Unavailability of Drugs: Bombay High Court

Posted on June 12, 2021

On Thursday Bombay High Court said that doctors cannot be held liable for unavailability of drugs and short supply of medicines. In the last few months of the pandemic, we have come across numerous cases filed against doctors and hospitals. Various allegations have been made on doctors by the covid patience and their family members.

The division bench of Chief Justice Dipankar Duttta and Justice Kulkarni while hearing a clutch of PlLs filed relating to Covid management in the state and asked Advocate General Ashutosh kumbhakoni to look into the issue. The doctors are alleged for not giving proper drugs or using the cheaper alternative drugs for covid patience and making money out of it. Replying to which Indian Medical Association stated that Tocilizumab and Dexamethasone have different uses. Patients who don’t respond to the anti-inflammatory action of Dexamethasone usually react to Tocilizumab. In a life-threatening situation, where Daxemathasine doesn’t help, only then Tocilizumab is prescribed. Latter it all depends upon how the patient’s body how it responds to the medication as it always differs from person to person. And it will be wrong to say that doctors are using it indiscriminately and making money out of it. Doctors are been often blamed by relatives for the death of covid patients, often go to the police station and complaint that the application protocols are not been followed by doctors which have led to their relative’s death.

Therefore, a Request was been made in court to issue proper guidelines to the police station that to deal in such matters and how to investigate such matters. On which bench stated that the patient’s treatment procedure is known best to doctors and should be left up to them. Considering the patient’s clinical condition, what drugs are required at a particular point in time is best known to medical experts only, as observed by the court. Court also stated that it will still consider cases that it feels are genuine and needs proper investigation by the investigating officer, but doctors can’t be harassed and be alleged for medical negligence. As in this critical time of the pandemic, the doctors and healthcare staff are “in the frontline and working tirelessly for the wellbeing of the society”.

-Report by Riddhi Dubey

Students from Marginalized Sections in Govt. Schools Ought to Be Provided Quality Education at par with Pvt. Faculty Students: Madras High Court

Posted on June 11, 2021

The Madras High Court on Tuesday expressed extreme concern over the high-satisfactory quality of training imparted in authorities colleges and discovered that scholars from marginalized sections and rural college students reading in Government colleges need to be furnished with high-satisfactory training on par with college students reading in non-public colleges.

The Bench of Justice N. Kirubakaran and Justice T. V. Thamilselvi turned into presiding over a writ appeal filed about the provider situations for purchasing promoted as headmasters of Govt. number one colleges. But, the Court referred to that for the reason that relies upon pertains to Primary School HeadMasters, it’s far suitable to check out the situations of the college pupil who’re reading withinside the Government Schools mainly in rural areas. “Lack of infrastructures withinside the Government Schools and terrible high-satisfactory of training being furnished to the Government School college students are the motives for much less admission of college students in Government colleges,” delivered the Court.

The Court discovered that although the Government School Teachers are paid good-looking revenue while in comparison to Private School Teachers who get very much less revenue and painting extra hours, training is given to Government School college students can not be in comparison with Private School Students. The Court referred to that many instances have arisen earlier than this Court, regarding Government School teachers, who’ve now no longer attended Schools for days together, thereby affecting the training of the college students. “Though there are very many devoted teachers, who’ve to be favored and applauded for his or her honest dedicated coaching, are running in Government Schools, the range of erring teachers, who aren’t devoted to the coaching are increasing,” the Court delivered.

Because of the above position, this Court was hoping that a committee could be constituted with specialists and academicians to check out the motives for terrible high-satisfactory of training in Government Schools and recommend corrective measures or the Government on its very own taken some other corrective measures to decorate the high-satisfactory of college training in Government colleges. Therefore, the Court directed the Government to invite the industries to undertake one or Government Schools so that infrastructures and the same old training could be improved.

-Report by Manaswa Sharma

“Traditions and Customs Must be in the National Interest”: The High Court of Jammu and Kashmir Rejected the Application to Hand Over Covid’s Body to the Family

Posted on June 11, 2021

“Larger public interest constantly prevails over private rights and the traditions and customs need to yield to the countrywide interest especially in those exceptional times,” located the Jammu and Kashmir High Court even as refusing to skip instructions for handing of over lifeless our bodies of Covid-19 sufferers to their subsequent of kin.

A Bench of Chief Justice Pankaj Mithal and Justice Vinod Chatterji Koul located that the pointers issued via way of means of the Centre on Covid-19 lifeless frame control sufficiently looks after the nonsecular sentiments of the own circle of relatives contributors and do now no longer require any interference.

It stated that the pointers accord permission to view the face of the lifeless frame via way of means of unzipping the bag and to carry out ultimate rites and rituals without touching the frame. In this backdrop the Court held, “The nonsecular sentiments of the own circle of relatives contributors were sufficiently sorted via way of means of the Government. The Ministry of Health and Family Welfare has framed the aforesaid pointers in session with the specialists managing Covid-19 pandemic and, as such, if the pointers do now no longer allow delivering of the lifeless frame mainly to the subsequent of the kins and without a doubt permit them to take part withinside the cremation/ burial and to carry out the ultimate rites this is extra than enough in any other case it’d be hard to incorporate the unfold of the disease.”

The Division Bench additionally refused the prayer for the conversion of Government stadiums into vaccination centers. It added, “The advent of massive vaccination centers might not be ex facie possible as it’d bring about attention of a massive range of human beings at one area which might be very volatile and can be a reason of unfolding of Covid-19.” Lastly, the Bench handled the problem of Oxygen delivery and opined that even though there’s no instant scarcity of liquid scientific oxygen, manufacturing flora can be set up via way of means of the UT management for assembly destiny contingencies.

The Bench expressed wish that the Government might put together itself earlier to stand the 0.33 wave if any, and for that reason will ramp up the vaccination drive. “Temporary preparations so for made might not be dismantled and can be stored in readiness for destiny,” it added

The matter is now indexed for listening to on July 6

-Report by Manaswa Sharma

Job Opportunity: Associate General Counsel at Drip Capital, Mumbai: Applications Open!

Posted on June 11, 2021

Role Description:

The candidate will work closely with senior management and team leaders across our Latin America, United States, and India offices. Successful track record and experience with international trade finance legal frameworks or/and capital markets experience is a plus. An ideal candidate would have served as an Associate General Counsel or Head of Legal previously at a financial services company and successfully scaled up the function.

Responsibilities:

Advise internal business teams on a variety of legal topics such as launching a product, raising capital (debt and equity), vendor agreements, intellectual property, security, and the general legal framework for inhouse policies and procedures
Research and advise on legal risks associated with local laws and the development of new products and services.
Draft, review, and negotiate contracts.
Taking the lead on legal matters when applicable by supporting the C-level executives, Capital Markets, and Finance teams
Monitor pending/emerging legislation and regulation and advise the business teams of regulatory developments
Responsible for anticipating and addressing potential legal risks
Manage outside counsel along with business teams

Requirements:

JD degree from a top law school
At least 5 – 8 years of experience advising on trade finance products and US Securities Law
Experience advising on compliance with international and domestic trade financial regulations.
Member in good standing of the State Bar of California or eligible for an in-house exception
Proven ability to proactively, efficiently, and accurately assess legal business risks in a fast-paced environment
Commercial awareness and acumen with a bias for action
Previous work in-house at a financial services company preferred
Understanding state licensing and exams is a plus
Trade finance experience is a plus

Seniority Level

Director

Industry

Financial Services
Internet
Banking

Employment Type

Full-time

Job Functions

Legal