Author: LEXPEEPS editor

The two-Judge Bench comprising of Justice Sanjay Kishan Kaul and Justice Hrishikesh Roy of the Supreme court opined that:
• A right or choice to marry is not anticipated to succumb to the concept of ‘class honor’
• The court also directed the police officials to put together guidelines and training programs as to dealing with ‘socially sensitive cases’

Facts:

One Mr. Chandaragi registered a missing complaint of his daughter Ms. Laxmibai Chandaragi, petitioner No.1 herein with the Murgod Police Station, Savadatti Taluk, Belagavi District stating that she was missing since 14.10.2020.
In the discharge of the complaint, of a missing person the investigation officer recorded the statement of the missing person’s parents and her relatives with requisite details.
It became evident that Miss. Laxmibai was in contact with Mr. Santosh Singh Yadav, petitioner No.2., by investigations of the call details.
In the course of the investigation Miss. Laxmibai, apparently without informing her parents, had traveled a long way by flight and reached Delhi to marry Mr. Santosh Singh Yadav.
She sent her marriage certificate to her parents on 15.10.2020 via an online medium and spill the beans of her marriage.
It is the case of the State that the IO proceeded to Ghaziabad to know the whereabouts of petitioner No.1 and on reaching the residence of petitioner No.2, was informed by his parents that they do not know the whereabouts of the petitioners. However, petitioner No.1 spoke to the investigating officer and notified them that she had already married petitioner No.2 with her own choice and was staying with him. But the IO instead insisted that petitioner No.1 should make her presence before the Murgod police station to record her statement so that the missing case can be closed. Petitioner No.1 sent a letter to the IO implicitly stating that she was married to petitioner No.2 and there was a possible threat from her parents and thus, was unable to visit the police station. The case was still not closed of a missing person by the IO.
The present writ petition has been filed under Article 32 of the Constitution of India since according to the petitioner there is an issue of duality of jurisdiction arising from her living with her husband, in the State of Uttar Pradesh while she came from Karnataka. It is the case of the petitioners that the uncle of the girl, petitioner 1 in the present case was threatening them on the account of their marriage. On the petitioners approaching the Allahabad High Court on 19.10.2020, seeking protection for themselves and the family members.
The Court concluded that the intervention of the Court would not have been a requirement in the provided facts of the case and if the IO would have conducted himself with more responsibility in terminating the complaint and if he would have wanted to record the statement of the first petitioner, should have given the information that he would visit her and he would have recorded the statement rather than putting her under the threat of action against the second petitioner to arrive at the police station. Reference of precedents, explaining that the consent of the family or the community or the clan is not necessary once the two adult individuals agree to enter into wedlock and that their consent has to be piously given primacy [Shakti Vahini v. Union of India (2018) 7 SCC 192].
The proceedings in connection to the missing complaint registered at Murgod Police Station, Belagavi District, Karnataka are quashed with the desire that the parents of petitioner No.1 will have a better sense to accept the marriage and re-establish social interaction not only with petitioner No.1 but even with petitioner No.2 [her husband] That, in our view, is the only way forward.
Under the mindset of caste and community to alienate one’s child and the son-in-law will hardly be a desirable social exercise.

Reported By – Anjali Singh

Copyright (or author’s right) is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture, and films, to computer programs, databases, advertisements, maps, and technical drawings.
Exhaustive lists of works covered by copyright are usually not to be found in legislation. Nonetheless, broadly speaking, works commonly protected by copyright throughout the world include:
• literary works such as novels, poems, plays, reference works, newspaper articles;
• computer programs, databases;
• films, musical compositions, and choreography;
• artistic works such as paintings, drawings, photographs, and sculpture;
• architecture; and
• advertisements, maps, and technical drawings.
Copyright protection extends only to expressions, and not to ideas, procedures, methods of operation, or mathematical concepts as such. Copyright may or may not be available for several objects such as titles, slogans, or logos, depending on whether they contain sufficient authorship.
The request for a copyright infringement between Joy Products and Nivea was passed by a solitary adjudicator Seat of Equity C Hari Shankar who found that the shape, size, and shading result of “Satisfaction Serious Dampness” cream was misleadingly comparative, regardless of whether not indistinguishable, to that of Nivea.
“Comprehensively seen there is, at first sight, each probability of an unwary buyer, of normal knowledge and blemished memory, befuddling the result of the respondents with that of the offended party,” the Court said.
Beiersdorf AG (offended party) moved toward the High Court after it came to realize that the RSH Worldwide Pvt Ltd (litigant) had started assembling of “Satisfaction Extreme Dampness” saturating cream by utilizing an exchange dress which was misleadingly like its own cocoa margarine lotion.
The offended party attested that the distinctive highlights of its exchange dress were evident from the body of the items.
It was expressed that the brand name was written in white textual style on a dull blue foundation, had an unmistakable blue shading which is unavoidably related to the offended party and its items, a milk twirl/sprinkle gadget in white tone towards the lower half of the holder and cocoa margarine as a bead plan in brilliant tone in the milk whirl/sprinkle gadget.
Claiming encroachment of its brand names and exchange dress, the offended party contended that the litigant was attempting to ride the standing gathered by the Nivea items throughout some undefined time frame.
The Court was likewise educated that separated from the encroaching item, none of the exchange dresses of the litigants’ items emulate or imitate any of the particular highlights which mark the exchange dress of the offended party’s item.
The Court said that the “test for examination” was not recognizing dissimilarities between items yet the presence of “misleading likeness”.
“The respondents’ item is likewise contained in a compartment of comparative, regardless of whether not indistinguishable, shape and size, with white letters on a blue foundation, the shades of blue additionally being like the unaided eye and, maybe, most essentially, a white crescent sprinkle towards the lower half of the holder, which at any rate is, at first sight, a component unmistakable to offended party’s item,” the Court noticed.
The Court in like manner presumed that a by all appearances instance of conscious encroachment of the exchange dress of the offended party by the respondent was made out.
“In view thereof, till the following date of hearing, the litigants, their chiefs, wholesalers, merchants, accomplices, or owned, by and large, its officials, workers, and specialists are controlled from utilizing, fabricating, selling, sending out, bringing in, offering available to be purchased, dispersing, promoting, straightforwardly or by implication managing in restorative items, particularly body cream, moisturizer or merchandise that are misleadingly like the offended party’s unmistakable exchange dress, adding up to the encroachment of the offended party’s enrolled brand names as expressed in passage 12 of the plaint, especially Brand name Enlistment Nos. 2912562 and 3289787; encroachment of the offended party’s copyright in the imaginative work of the offended party’s “NIVEA” name, compromise dress as likewise passing their items as exuding from the offended party,” it requested.
The Court explained that the litigant will be at freedom to apply for variety or change of the request.
Anand and Anand Overseeing Accomplice Pravin Anand with Backers M.S. Bharath, Dhruv Anand, Premchandar, Udita Patro, N.C. Vishal, Kavya Mammen, and Sampurnaa Sanyal showed up for the offended party. None showed up for the respondent.

Reported by – Komal Dhore

ABOUT CLS GIBS:

Center for legal studies has been set up by Gitarattan International Business School in the year 2016 for imparting legal education. CLS-GIBS has been emerging as one of the prominent law schools of the country providing 5 years of integrated programmes in BA LLB and BBA LLB. Gitarattan International Business School (GIBS) was established in the year 2004. GIBS is affiliated to Guru Gobind Singh Indraprastha University, Delhi and is approved by the Bar Council of India for Law programmes and All India Council for Technical Education (AICTE), Ministry of HRD, Government of India for technical programmes.GIBS is currently offering Postgraduate programmes viz. MBA (I & II Shift), MBA International Business, MCA Integrated and Under Graduate programmes viz. BBA LLB, BALLB, BBA. GIBS has been graded ‘A’ by National Assessment & Accreditation Council (NAAC) in the 2nd Cycle. It is an ISO 9001: 2008 certified Institute. GIBS has been rated ‘A+’ by State fee Regulatory Committee, a fee committee of Govt. of NCT of Delhi and rated highest grading ‘A’ by Joint inspection Committee of Govt of NCT of Delhi & GGSIP University. GIBS has been rated Grade ‘A’ by the Academic Audit Cell of GGSIP University consecutively from past 8 years. Also, GIBS has been rated no. 2 by Times B School Survey, consecutively for 2018 and 2019.

ABOUT DLSA:

District Legal Services Authority erstwhile Delhi Legal Aid & Advice Board has been constituted by an Act of Parliament passed under “The Legal Services Authorities Act, 1987” as amended by Legal Services Authorities (Amendment) Act, 2002, to provide free and competent legal service to the weaker sections of the society to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities, and to organize Lok Adalats to secure that the operation of the legal system promotes justice on a basis of equal opportunity.

AIM AND PURPOSE:

Courtroom – The Law Society of CLS-GIBS takes immense pleasure in announcing the 3rd National Virtual Moot Court Competition in collaboration with DLSA-North. The competition aims at providing a firsthand exposure to the practical aspects of the legal profession to the students participating in the event. The objective of the competition is to give exposure to law students on important issues arising in contemporary socio-eco-legal settings. Law students who participate in the competition will have the opportunity to develop their research, legal writing and oral advocacy skills in a mock courtroom setting.

DATE:

The Competition shall be held on 20th and 21st March, 2021 in virtual mode.

COMPETITION FORMAT:

The competition is structured as per the following format: (i) Preliminary Round (Round 1 & Round 2) (ii) Semi Final Round (iii) Final Round VIRTUAL PLATFORM DESCRIPTION The Oral Rounds shall be conducted through Zoom. The participants shall receive a link for their respective court rooms. Each Virtual Court room shall have participants from Two Teams, Judges, and Two Bailiffs. However, the Organizers may at several instances join in any of the Court Rooms for inspection. Each person in the Virtual Court Room shall keep their video camera turned on and the microphone turned off (mute) and only such person shall keep their microphone turned on whenever they are required to speak. Please note, that the organizers may also switch to a different platform if any technical issue arises, and the same shall be notified to all the teams in advance.

ELIGIBILITY:

Students of 3 year or 5 year law degree courses from any BCI approved University/College/ Institution/ Department are eligible to apply for registration of their team. However, only one team shall be allowed to participate from one College/ Institution/ Department. Provided if any college is running both the programmes, (3 year and 5 Year) they may send two teams exclusively one from each programme.

AWARDS

Best Team Award: Merit e – certificate and a cash prize of Rs. 25000/-.
Runners-Up Team Award : Merit e – certificate and cash prize of Rs. 15000/-.
The Best Mooter Award : Merit e – certificate and cash prize of Rs. 5000/-.
The Best Memorial Award: Merit e – certificate and cash prize of Rs. 5000/-.
The Best Researcher Award: Merit e – certificate and cash prize of Rs. 5000/

RULES AND REGULATIONS

TEAM COMPOSITION:

(i) Each team shall consist only of three members, comprising of two Mooters and one Researcher.

(ii) Any alteration/change in the names of the team members shall be intimated in writing by the Dean / Director/ Head of the Department of the School/ Department /College of Law, of the team requesting such alteration/change positively to the Organizing Committee. However, any such alteration is permitted only once.

(iii) Once the competition commences, the team composition cannot be altered under any circumst ances. Inability of any team member to participate shall lead to disqualification of the team from the competition and their registration fee will not be refunded.

REGISTRATION AND IMPORTANT DATES:

Date of Event: 20th & 21st March, 2021 Registration Fee: Rs 999/-( Rupees nine hundred ninety nine only )

Last Date of Registration: 3rd March 2021

Last Date for Clarifications regarding Moot Problem: 8th March, 2021

Last Date for Submission of Memorials: 10th March, 2021 Draw of Lots for

Preliminary Round: 19th March,2021

Researchers Test: 19th March, 2021

Registration and Payment Link: https://rzp.io/l/8GUe1I2

Platform:

Zoom

Note: Once Registration is done through Razorpay, no changes in names shall be allowed and the amount paid shall be non-refundable.

On 3rd February, climate activist Greta Thunberg had shared a toolkit on Twitter in support of the ongoing farmers’ protests in India. She had uploaded a toolkit earlier, but deleted it and uploaded another one citing that the new one is an updated one by people working on ground with the associated issue. Primarily, there were a lot of concerns with regards to the meaning of a toolkit. According to a social media campaigner, a toolkit is basically a document or booklet created to explain a cause or issue and it also seeks to identify the different approaches to address the issue from the grassroot level. With that toolkit, Greta has asked people to participate and support the Farmers’ Protests in India.

The Toolkit had the following sections:
Protesting Online: Greta had suggested people to support the cause of the farmers through the medium of social media and express their solidarity with the protestors by uploading a photo or video on social media platforms with a hashtag #FarmersProtest or #StandWithFarmers. And also, questions must be asked from the government about the 3 farm bills along with tweeting the handles like @PMOIndia, @nstomar, the heads of the states and other international organizations.
Knowing more about the issue: Greta has attached a list of links of several publications covering the issues and their details which are associated with different institutions as they will help someone who is unaware the issue to get a fair idea about the on- going protests
Participating and connecting with local representatives: Greta has also appealed to people in India to observe and join the on-going farmers’ protests in Delhi and for people who aren’t in India, Embassies and other government offices must be picked up for protests. Further, in order to support the protests, advice and support of the local leaders must be sought for as it will be quite instrumental.
Petitions: Lastly, another essential mention of the toolkit lies in the signing of petitions for the cause from different organisations like United Nations or Change.org.
After the tweets, the Delhi Police lodged an FIR complaint against the creators of the toolkit with the offences of criminal conspiracy (section 120B of the IPC) and promoting enmity between different religious groups (section 153A of the IPC) along with sedition (section 124A of the IPC). The Delhi Police has initiated its investigations and the probe suggests that the document’s link is traced to a pro Khalistani group by the name Poetic Justice Foundation. The Delhi Police officials have further claimed that the unfolding events of the past few days along with the violent protests of 26th January seemed to be a “copycat execution” of the action plan mentioned in the toolkit. Responding to the news, Greta tweeted “I still #StandWithFarmers and support their peaceful protest. No amount of hate, threats or violations of human rights will ever change that,”.
Even the foreign ministry had also reacted to the tweet of Greta Thunberg and had responded that the probe has revealed a lot and they are looking out for what comes next as the center is also going to be investigating this issue.
Interestingly, PM Modi in his speech also made a reference to the toolkit. In the initial toolkit, a point read, “Disrupt yoga and chai image of India in general”. To this, PM Modi addressed in his speech at an election rally in Assam that several foreign powers are trying to tarnish the image of the Indian Tea. In the Sonitpur rally, the PM retorted that the conspirators are attempting to malign the image of the Indian Tea across the world.

Reported by Tanuj Sharma

The NLU Consortium, along with the petitioners, Tamanna Chandan Chachlani and Rishabh Soni have approached the Supreme Court of India to challenge the controversial decision of the Bar Council of India to scrap the one- year L.L.M. program and derecognizing the foreign L.L.M. degrees. This appeal was heard before the bench of Hon’ble CJI SA Bobde and Justice AS Bopanna.
In a recent notification to the BCI Legal Education (Post Graduate, Doctoral, Executive, Vocational, Clinical and other Continuing Education) Rules, 2020 (Rules), by the Bar Council of India had scrapped the one- year LLM degree and had mandated that the Master’s degree be of two years spanning over a total of 4 semesters. These rules at the same time had partly derecognized the foreign LLM stating that they shall be equivalent to the LL.M obtained in India only after an LL.B degree from either a foreign university or an Indian university equivalent to a recognized degree of LL.B in India.
The counsel appearing for the NLU consortium submitted that the foundations of these rules is fallacious and reflected a gross misunderstanding of the Advocates Act or any other statutory provision for that matter. These rules further, seek to usurp the jurisdiction which is vested in other statutory provisions. Further, none of the NLUs were consulted before taking this decision by the BCI
A major contention put forth by the petitioner was that the LL.M is not a practitioner’s degree and further, BCI deals only with the enrollment requirements. Moreover, Advocates Act, under which the BCI has assumed its jurisdiction cannot be used to regulate any academic or vocational program which is not a pre requisite for the enrollment of advocates. On asking whether or not the BCI has the power to regulate the one- year LL.M degree by the CJI, the counsel for the petitioner replied that the BCI does not have the power to regulate higher education courses as they are regulated by the UGC and were brought by the knowledge commission under the HRD ministry.
When the bench expressed its inclination to issue notice, the petitioner prayed for interim relief and put forth the fact that applications for enrollment have already been started and over 5,000 applicants have applied for their enrollment at the time when BCI came up with the rules for further notification. Thus, the petitioner prayed to the Hon’ble bench to allow the status quo to continue. The bench asked the petitioner to file on the affidavit the argument that 5,000 applicants have applied for the one- year LL.M course and the fees has also been collected for the court to consider interim relief.
The BCI also stated in its notification that the entrance for the LL.M program shall be through Post Graduate Common Entrance Test in Law conducted by the BCI itself. And after its introduction, it shall be mandatory for the universities to admit students through the merit list of this entrance test.
It was further argued that this decision of the BCI was violative of the article 14 and 19(1)(g) of the Indian Constitution as they were issued without any statutory powers and are arbitrary and unreasonable. Moreover, it was contended that the notification released by the BCI is ultra vires as the power to regulate higher education courses in law lie with the UGC and not with the BCI.

Reported By – Tanuj Sharma

Recently, the US Treasury had in its statement, imposed sanctions on Myanmar targeting 10 individuals and 3 corporations. These sanctions came to light in the coup carried out by the Burmese military leaders. The US treasury had released the list of 8 military leaders facing sanctions and blacklisting 2 leaders for the atrocities carried out by the m against the Rohingya community.
On February 1, the military leaders of the Burmese Army had overthrown the democratically elected government of the National League for Democracy (NLD) and had prisoned several NLD leaders and had put the long- standing popular leader Aung San Suu Kyi under house arrest along with arresting several other civilians.
This undemocratic incident led to a surge of protests across the nation by several of its civilians. At a particular protesting site, in order to curb the protest, the police had taken to water cannons, rubber bullets along with live rounds of fire. In the midst of this, a 20- year- old protestor named Mya Thwe Thwe Khaing was shot in the head. This led to an outrage in protests along with a wide social media coverage as well. Leading to this, the newly elected government of President Joe Biden had taken the decisions to show its opposition to this radical and undemocratic move taken place in Myanmar
The order had put sanctions on the military leaders and their family members and their businesses and the officials connected with them. Biden had also imposed several strong export controls and freezing U.S. assets which benefit the military leaders but at the same time they have clarified that support for civil society groups, healthcare etc. shall be maintained. The U.S. govt. has also held funds worth 1 billion $ blocking the access to the military regime of Myanmar.
This bold step taken by the Democrat’s elected presidential regime is quite contrary to their stance but is welcomed by several bodies. While at the same time, this step is condemned because of the possibility that it might accrue for Myanmar side lining with China as a consequence of this approach.
But protests in Myanmar against the undemocratic regime is not a new thing. Attempts have been made of protesting against such dictatorial regimes in 1988 and 2007 as well where there were a lot of people who sacrificed their lives n the protests fighting for a democratically elected regime.

Reported By – Tanuj Sharma

1. Call for Intern: SATRAM DASS & CO, New Delhi

We, at SATRAM DASS B& CO. are looking for a legal intern who is excellent in drafting. Final year and 4th-year students of 5 year BA/BBA LLB course and final year students of 3 year LLB can apply. You should have prior internships in litigation. Work pertains to civil and criminal litigation, mostly in High Courts and Supreme Court. The intern would be required to come to the office regularly.

The office is in New Delhi. So, only those students based out of Delhi should apply.

How to Apply:

Please send samples of what you have drafted during your internships, along with your internship application, to archna.yadav@satramdass.com

2. Call for Interns: RADN Partners, Gurugram

We are looking for OFFLINE interns.

Vacancy: 5

Area: Gurugram, Haryana

Requirements:

1. College doesn’t matter;

2. Past internship experience doesn’t matter, and

3. Anyone can apply.

You will be judged purely on the basis of your willingness to work.

How to Apply:

Kindly send your CV along with your cover letter at careers@radnpartners.com

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

KMA law office, Delhi is looking for an Associate.

Experience:

Fresher to 1 year

Profile:

Civil, Criminal and Corporate litigation

Salary:

Negotiable

Location:

Delhi

How to Apply:

Interested candidates can send their CV at Ea@kmalawoffice.com and kunalmadan@kmalawoffice.com

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

1. Job Opportunity: Legal Manager at Hinduja Housing Finance, Banglore

Looking for Legal Manager (LLB) position for Hinduja Housing Finance having 1 to 2 years of experience based out at Bangalore.

Incumbent must be well versed in handling Non Litigation,Vendor Management, multitasking, good command over language,

 Age Limit below 30 years, CTC best in the industry. Preferred to those who wish to join immediately or with short notice period.

Interested may share their resume on below mail id

thyagaraja.t@hindujahousingfinance.com

2. Job Opportunity: Associates and Sr. Associates in Mumbai and Delhi

We are currently hiring Associates/ Sr Associatess for a law firm for the following positions in Mumbai & Delhi.

Associate/ Sr Associate Corporate & M&A

Associate/ Sr Associate – Banking & Finance

Associate/ Sr Associate Projects & Energy

Reach out to shagufta@humanelevation.co.in for a confidential discussion.

3. Job Opportunity: Associate at Singh & Associates, Gurugram

Job Opportunity at Singh & Associates (founder Manoj K. Singh)

Position: Associate, Senior Associate, Principal Associate

PQE: 2-10 years in Litigation and Arbitration

Location: Gurugram

How to apply:

Interested candidates can email their CV along with a cover letter to avinash@singhassociates.in with the subject line ‘Job Application – Your name.

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

1. Job opportunity: Legal Manager (LLB): Hinduja Housing Finance

Looking for Legal Manager (LLB) position for Hinduja Housing Finance having 1 to 2 years of experience based out at Bangalore. Incumbent must be well versed in handling Non Litigation,Vendor Management, multitasking, good command over language, Age Limit below 30 years, CTC best in the industry.

Preferred to those who wish to join immediately or with short notice period.

How to Apply:

Interested may share their resume on below mail id:

thyagaraja.t@hindujahousingfinance.com

2. Job opportunity: Associate at DSK Legal, New Delhi office.

Practice Area: Corporate

Position: Associate (1-3 PQE)

Interested candidates may send their CV’s to the HR at hr@dsklegal.com.

3. Job Opportunity: Junior/Mid level lawyr at Lakshmikumaran and Sridharan, Delhi

Lakshmikumaran and Sridharan is looking for junior/mid-level lawyers.

Location: Delhi/NCR Exp: 2-6 years of experience in M&A, PE/VC and general corporate advisory. Please get in touch (Email at rishabh.chopra@lakshmisri.com) if you are interested

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