Author: LEXPEEPS editor

The Indian Constitution is the world’s longest written constitution which provides an excellent framework for governing the world’s largest democracy. It nurtures the aspirations of its citizens and is a true living Constitution in as much as it gives the widest possible amplitude for the
realization of both individual liberties and desires and at the same time enforces the need for collective growth and development. It is the longest written constitution of the world. B.R. Ambedkar, chairman of the drafting committee, is widely considered to be its chief architect. Coming from diverse backgrounds and different presuppositions, around three hundred men and women assembled in the winter of 1946 to form themselves into a Constituent Assembly in order to engage in one of the most extensive and extraordinary exercises in human history i.e. drafting of the Constitution of India. Much like the country and its people, the Constitution has survived and thrived. After a lot of hardwork and under the Chairmanship of Dr B R Ambedkar our constitution was enacted. 26 January was as the day to declare India as the Sovereign Republic. Towards this end, Lex Repository is organizing an all India Essay Writing Competition on the below mentioned themes.

ABOUT ORGANISATION:

Lex Repository is committed to providing Articles based upon legal subjects that cover all the issues associated with them. It focuses to provide content on subjects that are not commonly discussed. The ultimate aim is of adding insights to our readers and adding novel concepts to their knowledge.

THEMES FOR THE ESSAYS:

1. Students up to Class XII:

• Significance of Fundamental Rights
• Salient Features of Indian Constitution
• History of Indian Constitution
• Importance of Directive Principles
• Role of Preamble in Indian
• Constitution Role of Citizens in upholding sovereignty, integrity and unity of India.

2. Others (Any Person):

• 42nd Amendment- Mini Constitution
• Doctrines under Indian Constitution
• Citizenship under Indian Constitution
• Provisions related to Emergency
• Uniform Civil Code
• Analysis on DPSP
• Land Reforms: Zamindari Abolition Act
• Writs: Constitutional Remedies
• Difference between Article 32 and 226
• Power to Grant Pardon under Indian Constitution

LAST DATE OF SUBMISSION – 31ST JANUARY 2021

ENTRY FEE:

• Single Author: Rs. 100/-
• Co-author: Rs. 150/-

REWARDS:

• Winning Amount – 5,100/-
• 1st Runner Up Amount – 3,100/-
• 2nd Runner Up Amount – 1,100/-
• Participants with extraordinary writing skills will be awarded with “CERTIFICATE OF EXCELLENCE”.
• Participants may get a chance to be on board with us as an Editorial Board Member.

NOTE: – ‘Certificate of Participation’ will be provided to all Participants.

PAYMENT DETAILS:

 PayTM – Participants can make payment to 9818143266@paytm (Mr. Somay Rustagi).
 For Google Pay/ PhonePe – The participant can make payment to 9818143266 (Mr. Somay Rustagi).
 Bank Transfer – Participants can also pay via bank account Transfer. The details for the same are as follows –
Beneficiary Name- Somay Rustagi
Account Number- 62483038056
IFSC Code- SBIN0021310
Account Type- Saving
Bank- State Bank of India
After the payment, all the participants need to send the screenshot of the same to opportunities@thelexrepository.com or WhatsApp on 9818143266 (Mr. Somay Rustagi) with Full Name.

NOTE- If any participant does send the article after the registration, the registration fee will not be refunded in any case.

PROCEDURE OF PARTICIPATION:

• The participants have to pay the registration fee via any of the above-mentioned payment modes.
• After registration, participants need to fill the particulars in the Google Form. https://bit.ly/3mNqHGx
• Filling details regarding payment in the Google Form is mandatory.
• The details provided in the Google Form will be published the same in Certificates.
• After registration a Link will be provided to the participant on which the Article shall be submitted.

FORMATTING GUIDELINES:

• Font – Times New Roman; Font Size – 12
• Line Spacing – 1.5; Alignment – Justified
• References Style: BLUEBOOK (19th ed.)

SUBMISSION GUIDELINES:

The submission shall consist of Cover Page with the following details of the writer-
o Name, School/ College Name
o Occupation
o Email ID
o Phone No.

 All essays are to be submitted on https://bit.ly/3mNViE5 by 31st January 2021, 11:59 P.M. in MS Word Format.
 All participants should strictly abide by the guidelines. Any deviance shall lead to disqualification.

SCORING : While assessing the documents, the weightage would be given as below:
 Originality and clarity of the content
 Quality of the analysis and research
 Language and Structure of the essay
 Grammar, syntax, and form Copyright

OTHER DETAILS:

 All the essays submitted shall be the exclusive property of Organizers.
 Organizers shall be free to use the information/ views therein in any manner it requires.
 Organizers shall not be responsible for any essay(s) not received. No essay shall be entertained if received after the deadline
 The decision of Organizers in deciding the winner(s) shall be final and binding and NO query, correspondence, etc. in this regard shall be entertained by the Organizers

CONTACT US:

In case of any queries, you may mail us at opportunities@thelexrepository.com or can contact Mr. Somay Rustagi (9818143266)
 Official Website: http://www.thelexrepository.com
 Official Notification: http://www.thelexrepository.com/online-article-writing-competition/
 Facebook: https://bit.ly/3oJuBCt
 Instagram: https://bit.ly/3oP5NJe
 LinkedIn: https://bit.ly/3mItO2Q
 Twitter: https://bit.ly/3jNzeI6

• 

About E-Justice India:

E-Justice India is India’s Leading Online legal Portal Managed by CSM Partners and Associates LLP (AAS-5840).  It is dedicated to Law students, Lawyers & Attorneys. It’s aim is to provide Education in Indian Legal Sector. Through this Portal, we set-up towards Right to Education. E-Justice India Provides cheapest certificate courses in India. Our Portal provides Legal News, Law Articles, Leading Case Summary, Law Notes, Certificate Courses, Free Legal Advise, Success Stories of Advocates, Interview of Advocates & Judges and Information about Upcoming Law Events.

ABOUT THE INTERNSHIP:

• ejusticeindia.com is looking for undergraduate law students as legal interns for the month of January- February, 2021.
• Interns are expected to have strong writing, Research and analytical skills along with basic knowledge of MS – Word.
• Interns with prior experience of legal writing will be given preference.
• The duration of internship would be four weeks which can be extended based on the interest and performance of the interns.

IMPORTANT GUIDELINES:

You may update your position to ‘Intern at E-Justice India’ on your social media accounts. ejusticeindia.com is active on LinkedIn, Facebook, Instagram. Please like and follow.

Deadlines: – There will be reasonable deadlines given to the interns for their work. Interns are expected to adhere to those deadlines. Each interns’ performance will be tracked on an individual basis. ejusticeindia.com reserves the right to terminate the internship based on the non-fulfillment of the deadlines. If the internship is so terminated, the candidate will not be provided with the certificate and other perks. You’ll be in touch with the Internship Coordinators through Mail or Whatsapp Group. All the reporting and dissemination of information will take place through the Mail.

Last Date to Apply : 12 January
Duration : 16 January -15 February
Interns will selected on the basis of their C.V

Application Procedure You can apply through this link
https://docs.google.com/forms/d/e/1FAIpQLSf66QkNIYKv3zSVMaWdWvJsDZwrUPNDDsafS3aXyalOd313nw/viewform

For any other queries, feel free to write to us at contact.ejusticeindia@gmail.com

Job opportunity at Advocate Anushruti.

Opening for an associate having good knowledge of law and the zeal for the profession. Commercial litigation firm based out of Noida/ Defence Colony.
Nature of work- litigation at Supreme Court, High Court, NCLT, NCLAT, DRT, District Courts, Consumer Courts, various tribunals and commissions; contract ,drafting, vetting, etc.; other corporate works as well.

Salary as per industry standards; negotiable.

Interested candidates to send CVs with PQE mentioned in subject at:
anushruti.adv@gmail.com

ASA Legal Delhi office:

ASA Legal Delhi office is on the lookout for Lawyers with 0-2 years of professionally qualified experience in
banking and finance, project finance, and real estate finance. The incumbent would be expected to be a team player having a good academic record with good drafting and oral communications.

Desirous candidates may email their applications to hrasalegal@gmail.com (using the subject line Banking
& Finance/Real Estate).

A sole practitioner (CGSC, panel counsel with several govt. departments)

A sole practitioner (CGSC, panel counsel with several govt. departments) is looking to hire a colleague/junior, with preference for a fresher or at max experience of 1 year.

Interested candidates kindly send their resume at niddhiraman@gmail.com
CC: namitsuri 1990@gmail.com

Salary as per industry standards

Location: New Delhi

DSK Legal:

DSK Legal is hiring an Associate for its Litigation practice with 2-3 years of experience in New Delhi.

Job Qualification & Minimum requirements Should have LL.B graduation
Looking for an associate with expertise in Litigation with 2 to 3 years of experience in the energy sector

Remuneration Offered: As per the industry.

Application procedure:
Suitable candidates can send their resumes to hr@dsklegal.com.

VIS Legal:

VIS Legal full service law firm invites application in it’s litigation team for an associate, the Incumbent would be required to have English proficiency and
sound legal knowledge and a zeal to work in litigation.

PQE-0-2 years

Location: Jaipur

Drop CV with cover letter at vislegal@yahoo.com.

Senior Manager-Legal & Compliance.

Desired Candidate – CS with min 4 years of experience, Degree in law i1s preferred.

Roles and Responsibilities:

To assist in managing the review and support of wholesale financial transactional documentation including credit, brokerage and cap markets documentation.
Responsible for reviewing 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.

Preparation of notes for Board on these regulatory requirements.

Interpretation, study and market practice on various Business compliance calls.

Ensuring compliance of various NEBFC businesses and reportng activities.
Attending and preparing replies to RBI inspection report.

Performing various Corporate Secretarial functions, Corporate Regulatory & Statutory Compliances in relation to Reserve Bank of India (RB), Ministry of Corporate Affairs (MCA), Registrar of Companies (RoC), and other Regulatory Bodies.

Management of ESOP’s scheme.

Skills Required:

Qualified member of the Institute of Company Secretaries of India
Experience with NBFC compliance is strongly preferred In-depth knowledge of all statutory laws and relevant regulations Excellent knowledge of reporting procedures and record keeping. An analytical mind able to – see- the complexities of procedures and regulations Excellent communication skills.

For more information about our Company, please login to wwwwestemcap.in

Please share your resumes on careers@westerncap.m

Senior Corporate Counsel.

Our client is one of the leading organization that provides information technology, consulting and business process services across the globe.

Position: Senior Corporate Counsel
PQE: 12-18 Years
Location: Bangalore

We are looking for an experienced Compliance person having strong experience working on Data Privacy, Compliance and Employment Law. The person will be a part of the central compliance team and be responsible
for providing guidance on compliance matters. Candidate from In-house having experience working with ITES / large enterprise company should only apply.

Interested candidates may email their resumes on nasrin@humanelevation.co.in

www.humanelevation.co.in

Legal Counsel (1-3 PQE) – Boutique Management, Consulting Firm- Singapore.

Excellent opportunity for a Singapore qualified lawyer with 1-3 years PQE to go inhouse with a boutique management consulting firm. You will report to the Senior Legal Counsel and your work will be focused on M&A, JVs, fund management landscape, advising clients on fund structure & setup etc.

Please drop a line on karansharma@aquissearch.com for a confidential chat.

ABOUT ALL INDIA LEGAL FORUM:

All India Legal Forum is a dream online platform which aims at proliferating legal knowledge and providing an ingenious understanding and cognizance of various fields of law, simultaneously aiming to generate diverse social, political, legal and constitutional discourse on law-related topics, making sure that legal knowledge penetrates to every nook and corner of the ever-growing legal fraternity. It also provides a valuable contemporary assessment of issues and developments in the legal field, putting forward quality legal content for the masses.

PEOPLE BEHIND AILF:

All India Legal Forum is a team of more than 150 law students across the country to tackle basic problems which a legal researcher faces in day to day life. Our honorary board consists of Justice A.K Sikri, eminent jurist and an international judge of the SICC; Advocate JLN. Murthy who is the Vice Chair of the American Bar Association of the United States and International Organizations; International lawyer, CEO and Managing Partner, Surana & Surana International Attorneys, Justice M.K. Sharma, Former Judge of the Supreme Court of India, SL. Bhayana, Senior Advocate the Supreme Court of India, Justice Amarnath Jindal, Justice; Sr. Adv. Amit Trivedi practising in Allahabad High Court Lucknow Bench, Lucknow; Sr. Adv. Dhruvin. U. Mehta, Gujarat High Court member and many more.

POST:

Campus ambassador

ROLE OF A CAMPUS AMBASSADOR:

The role of a Campus Ambassador primarily entails:

• Promoting various events and posts at various social media platforms and in your college.
• To bring on board the maximum number of students to the organisation through your profile link.
• Share posters provided by All India Legal Forum in your campus notice board.
• Meeting targets allocated by the mentor.
• Circulating ads, posters and videos through E-mail, WhatsApp, Instagram, Facebook, Twitter, etc.
• Reporting of progress on a daily basis to the allocated mentor.

ELIGIBILITY CRITERIA:

• Students who are currently enrolled in the 3-year and 5-year UG Law course and willing to work for six months.
• Students who are active on social media.

NO. OF VACANCIES:

Unlimited.

TENURE:

Six months

PERKS:

• A Certificate of appreciation will be given every month based on performance to the selected top performers.
• Certificate of completion will be given upon successful completion of the tenure of six months.
• Special perks will be given (if possible)

APPLICATION PROCESS:

Interested candidates may mail their CVs at ailf12345campus@gmail.com latest by 31 January 2021. The subject of the e-mail should be “Application for Campus ambassador”.nWe will revert your confirmation after 31 st January 2021

• 

The Journal for Law Students and Researchers [JLSR] is an Online Journal with ISSN: 2582-306X which is quarterly, Peer Reviewed, published online and JLSR seeks to provide an interactive platform for the publication of Short Articles, Long Articles, Book Reviews, Case Comments, Research Papers, Essays in the field of Law.

Our aim is to upgrade the level of interaction and discourse about contemporary issues of law. We are eager to become a highly cited publication, through quality contributions from students, academicians, professionals from the industry, the bar and the bench. JLSR welcomes contributions from all legal branches, as long as the work is original, unpublished, unplagiarized and is in consonance with the submission guidelines.

ELIGIBILITY:

• Students pursuing their graduation degree in Law.
• Good Writing Skills

Tenure:

• One month (25th Jan, 2021 – 25th Feb, 2021).

Tasks & Instructions:

• You have to send us 3 articles/research papers and 1 case comment unplagiarized ones during the tenure of internship.
• Interns who will be sending us unplagiarized assigned work within time will be receiving certificate of completition.

Application Procedure:

Mail your CV at jflsrjournal@gmail.com

Note : If you did not receive any response from our side till 20th then assume that our internship slots are filled.

Contact Info:

jflsrjournal@gmail.com

www.jlsrjournal.in

Follow us:

https://www.linkedin.com/company/jlsr/

https://www.instagram.com/jlsrjournal/

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

About Lawgical:

Being Lawgical:

Being Lawgical is a student run platform that started in the year 2020, with the main aim to spread legal awareness relating to all socio-legal contemporary issues. We aim to provide a platform that can make learning about law simple and fun.

Being Lawgical focuses on encouraging students, professionals, members of academia to share, enhance, learn and explore their knowledge of law in every way possible.

JLSR Journal:

Journal for Law Students and Researchers (JLSR), envisions to empower the individuals of tomorrow to advance and learn from the theoretical and practical aspects of the contemporary law today. Law as a field, is a predominantly present in the lives of people in society, and as such its discourse and dissemination are requisite in a proper forum today. Journal for Law Students and Researchers (JSLR), therefore, acts as a platform for the researchers and students, along with academicians to publish their research on contemporary issues of the law, so as to enable the growth and understanding of the aspects of the law to the interested individuals in society.

About Legal Aid and PIL:

Legal Aid:

Legal aid may be taken to mean free legal assistance to the poor persons in any judicial proceedings before the Court, Tribunals or any authority. It intends to provide free legal assistance to the poor persons who are not able to enforce the rights given to them by law.

The preamble of the Indian constitution aims to secure to the people of India justice – socio economic and political. Article 38 and 39A of the Indian constitution are notable. Article 38(1) states- the State shall promote the welfare of the people by securing and protecting the social order including justice and Article 39-A of the constitution states that the state shall in particular, provide free legal aid, by suitable legislation or schemes, to ensure that opportunities for securing justice are not denied to any citizen.

PIL:

Public interest litigation is not defined in any statute or in any act. It has been interpreted by judges to consider the intent of public at large. Although, the main and only focus of such litigation is only Public Interest there are various areas where a Public interest litigation can be filed.

The expression ‘Public Interest Litigation’ has been borrowed from American jurisprudence, where it was designed to provide legal representation to previously unrepresented groups like the poor, the racial minorities, unorganised consumers, citizens who were passionate about the environmental issues, etc.

Public interest Litigation (PIL) means litigation filed in a court of law, for the protection of “Public Interest”, such as Pollution, Terrorism, Road safety, Constructional hazards etc. Any matter where the interest of public at large is affected can be redressed by filing a Public Interest Litigation in a court of law.

Now a days we see that legal aid and PIL play an extremely important role.

Workshop Details:

Topic: LEGAL AID WITH SPECIAL REFERENCE TO PIL

Dates: 6th  February, 2021 & 7th February, 2021

SESSIONS:

Day -1: Basics of PIL and provisions relating to legal aid.

Day-2: Practical aspects of PIL.

SPEAKER:

Dr. Hardik Parikh

Assistant Professor of Law & Faculty Convener, Legal Services Committee,  Gujarat National Law University.

Perks:

1. E-Certificate of participation.
2. Material/PPT made by the Speaker.

Registration and Payment Details:

Registration Form: https://docs.google.com/forms/d/1ZR3zcrsN4or0St373WgOaB0u1I6zVdY7kwRmjZeVLrk/edit

Registration Fee:

130/- only

Googlepay/Paytm/Phonepe at 9310126697

Note: Enrollers will be added to whatsApp group within 24 hours once enrolled

Contact Information:

Mobile: +91 9310126697

For More Information Visit:

www.beinglawgical.in

www.jlsrjournal.in

• 

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

-by TANUJ SHARMA

The petitioner representing a fraction of the population of the residents of NCT Delhi/Haryana had submitted the claim that the manner in which the protests by the farmers are being carried on is seriously preventing the supply of essential goods to the city due to the current restrictions on the free movement of the goods vehicles. And this will lead to a sharp increase in the prices of the goods which will be difficult for people specially in difficult times of pandemic.

The petitioners further submitted that no fundamental right is absolute and hence it would be necessary for the court to determine the limits of the right of free speech and expression and the extent to which this particular right can be exercised with the rights of other citizens.

The respondents have contended that the roads are blocked by the police in order to prevent the entries of protesters or farmers from entering to the city.

The bench adjudicated by hon’ble CJI SA Bobde and Justices AS Bopanna and Justice V Ramasubramanian held that there can be no obstruction to the rights of the farmers to protest as long as it is a non-violent protest not leading to damages to life and property of other citizens and is in accordance with law.

Additionally, the court advised the parties to submit suggestions about the constitution of the said committee on the next date of hearing in the matter. In the meantime, it granted the respondents to continue their protests freely without damaging any life or property.

The petitioner has filed a Writ of Certiorari to quash down the FIR registered against him under Sections 504, 506, and 120-B IPC and Section 3/5 of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance 2020 (U.P. Ordinance No.21 of 2020).

According to the facts, it has been alleged that the petitioner used to visit the informant’s house to meet the latter’s wife (victim in this case) and a mother of two children. He used to do so in an attempt to convert her so that he can marry her and for that very purpose he had gifted her mobile phone.

The petitioner submits that the FIR has been filed based on mere suspicion and no concrete evidence has been presented against the same. Further, under Article 25 of the Indian Constitution, all persons are equally entitled to freedom of conscience and the right freely to profess, practice, and propagate religion, subject to public order, morality, and health and the other provisions of Part-III of the Constitution. The petitioner further has submitted that the present case is also about upholding the right to privacy as a basic right under the Indian Constitution.

The court has upheld the claim of the petitioner and has observed that the victim is an adult and is aware of her well-being. She and the petitioner have a Fundamental Right to Privacy. As two adults they are aware of the consequences of their supposed relationship.

The court while highlighting the argument on the right to privacy has mentioned the decisions upheld by the Hon’ble SC in the cases of Justice K.S. Puttaswamy and others Vs. Union of India (UOI) and Ors. reported in (2017) 10 SCC and in Joseph Shine Vs. Union of India, (2019) 3 SCC 39.

The next date of listing for the matter is the 7th of January 2021. Till then the court has ordered issuing a notice to the Respondent that no coercive measures are to be taken against the petitioner in connection.

A 3 judge bench of the Supreme Court has held that the expression “existence of arbitration agreement” which is included in Section 11 of the Arbitration Act shall also include the aspect of validity of arbitration agreement.

The Supreme Court also explained that at the stages that are included in Section 8 and 11 of the Arbitration Act the courts should undertake a prima facie examination to determine the validity of the arbitration agreement.

SECTION 8 AND SECTION 11 OF THE ARBITRATION AND CONCILIATION ACT

Section 8 of the Arbitration and Conciliation Act actually obligates any judicial authority to refer the dispute to arbitration where there was a valid arbitration agreement. A clear reading of Section 8 of the Act would give you an idea about what it says. It clears the fact that when it is compared to the UNCITRAL Model Law it differs from the Article 8 of the model law The Article 8 actually enables a court to decline to refer parties to arbitration in case the arbitration agreement is found to be void or null or in capable of being performed. In this aspect Section 8 has made a departure which indicates that it has a wider ambit and reach. Section 8 uses the expansive expression judicial authority instead of the term court.

Section 11 of the Arbitration and Conciliation Act deals with the appointment of arbitrators.

While answering a reference made to it by a division bench on the issue of whether landlord tenant disputes under the transfer of property act are arbitrable  the Apex court held that such disputes could become the subject matter of the arbitration if they are not covered by rent control laws.

The court also went on to discuss the issues relating to the stages when the question of arbitrability can be decided and the scope of examination under section 11 and section 8 of the act.

OBSERVATIONS MADE IN THE JUDGMENT-

The judgement also observed that during the reference stage the courts do not perform ministerial functions and they exercise and perform judicial functions whenever they take decisions on objections in terms of Section 8 and 11 of the Arbitration Act.

While discussing prima facie examination under Section 8 the Court was of the opinion that Section 8(1) after the 2016 amendment has enjoined the court to undertake prima facie examination when it comes to the validity of an agreement.

The Judgement went on to clarify that prima facie case in the context of Section 8 of the Arbitration Act should not be confused for the merits of the case that have been put up by the parties which has to be established before the arbitral tribunal. Its restriction lies in the subject matter of the being prima facie arbitrable when it falls under a valid arbitration agreement. Here prima facie case would mean that the  assertions on these aspects are bonafide.

The code explained how prima facie examination is not full review but is actually a primary first review in order to manifestly weed out invalid arbitration agreement sand non arbitrable disputes. The review at the reference stage in terms of prima facie is done in order to cut the dead wood  and trim the branches in terms of straight forward cases where the dismissal is quite evident and where the law and facts dealing with the litigation must stop at the first stage.

Everything depends upon the certainty of the court that there is no valid arbitration agreement that exists or the subject matter of the disputes are not arbitrable and only then an application under Section 8 could be rejected.

The judgement also had in opinion about Section 11 subsection 6A that had been inserted with the coming in off the 2016 amendment and prescribe that the court at the stage of appointing an arbitrator should confine itself to examine whether there was the existence of an arbitration agreement. However this subsection was later removed in the 2019 amendment. The court however made it noted that the existence of an arbitration agreement would mean an arbitration agreement that is able to satisfy the statutory requirements of the Arbitration Act as well as the contract act and also to meet ends and be enforceable in law.

The apex court thus made it clear that section 8 and 11 are indeed complementary provisions and the court also made it clear that it can read the mandate of a valid arbitration agreement in Section 8 into the mandate of section 11 which would include the existence of an arbitration agreement.