LEXPEEPS editor – Page 445

About the Organisation

People For Animals (PFA) is a Non-Governmental Organization which works all over India in the realm of Animal Welfare. People for Animals’ Legal team is looking for an intern who is willing to work in the field of animal welfare laws and environmental laws.

About the Internship

The work is primarily focused on research and drafting centred around animal welfare litigation and environmental laws. Other work includes working through social media for our online activism and communication.

Number of Interns Required

2 (Two)

Who can Apply?

Law Students

Duration of Internship

One month

Application Procedure

Send in an application along with your Curriculum Vitae to heenarohra10@gmail.com with a copy marked to nalinjha.pfa@gmail.com.

Contact Information

Ms. Heena Rohra: +919819062204

Mr. Nalin Jha: +918511648438

About the Organization

Law Joint focuses on combining awareness of our students need and strong work ethics to deliver the best legal knowledge to the success of the students and their professional prospects.

About the Webinar

Law Joint is organizing a Webinar on Recent Developments in Investigation by Cross Examination of Witnesses under Criminal Justice System.

Dates: 26th September 2020

Timings: 4 PM -5:30 PM

Fees: Rs. 100/-

Note: E-Certificate will be provided.

Payment Details

Paytm: 9873312051

GPay : 9811417312

UPI: kaurs939@oksbi

Note: Zoom Link will be sent 1 day before the event on your registered email.

Chief Guest

•Honorable Mr. Justice K.G. Balakrishnan, Former Chief Justice of India

Key Note Speaker

•Honorable Mr. Justice S.N. Dhingra, Former Judge Delhi High Court

Guest of Honour

•Advocate D.K. Singh Former Vice Chairman Bar Council of Delhi

Date: 26th September 2020

To register click here.

About ISB

The Indian School of Business (ISB) is a private business school established in India in 2001. It has two campuses in Hyderabad (Telangana), and in Mohali (Punjab).

It offers certificates in various post-graduate management programs. ISB became the 100th Triple Accredited business school in the world (AMBA, EQUIS, AACSB) upon achieving AMBA accreditation on May 12, 2020.

About the Conclave

Over the last two years, the Bharti Institute of Public Policy, Indian School of Business (ISB) has been engaged in developing an open access data portal, India Data Portal (IDP) which allows seamless search, analysis, visualization and download of open data and the associated visualizations.

In an attempt to promote open data usage in India, ISB is organizing the first Open Data Conclave (ODC) on Sep 25, 2020 which would bring together various open data stakeholders in India – government, journalists, academia, researchers, citizens, industry and data enthusiasts.

Join the virtual conference experience at the Open Data Conclave and experience the keynotes, panel discussions, data quiz, live booths, industry talks and much more.

Day & Date: Friday, 25th September 2020
Time: 1000 to 1730 hrs IST

How to Register?

Click here to register.

Contact

Email: idp@isb.edu

LEX MACULA

We at Lex Macula are extremely grateful to host you for a webinar on the topic ‘Proportionality – Balancing the Scales of Justice’. The doctrine is widely applicable in many areas of law from criminal law to administrative law. The session would give the attendees a great appreciation for the different scope and application of the doctrine. Hon’ble Justice Mr Arjan Kumar Sikri is an eminent jurist and a former judge of the Supreme Court of India. He was sworn in as a Supreme Court judge on 12 April 2013. Earlier, he had served as the Chief Justice of the Punjab and Haryana High Court. He retired as senior-most puisne judge of Supreme Court of India on 6 March 2019.

EVENT DETAILS

Date and day- 25th September 2020

Timings- 5 PM to 6:45 PM

Medium- Via Video Conferencing (the details shall be sent via the confirmation email)

The link for the live session will be sent to all participants via email upon registration.

The participants may submit their questions for the panellist in the form below. The questions will be taken up by the moderator if time permits the same. Some questions may also be taken from the live chat during the event.

THERE IS NO REGISTRATION FEE FOR THIS EVENT.

All the registered participants will receive an E-Certificate of participation.

KINDLY ENSURE YOU FILL THE CORRECT NAME AND EMAIL ADDRESS TO RECEIVE THE E-CERTIFICATE.

For more information go to our website at lexmacula.org

Follow our social media handles at @lexmacula

For any queries contact us at info@lexmacula.org

TO REGISTER CLICK HERE.

About MediateGuru

MediateGuru is a social initiative led by members across the globe. The aim of the organization is to bridge the gap between general public and litigation. Here our organisation comes into the picture. We are creating a social awareness campaign for showcasing mediation as a future of alternative dispute resolution to provide ease to the judiciary as well as to the pockets of general litigants.

About the event

The future of mediation and dispute resolution professionals is online. Susan Guthrie,Attorney/Mediator and Online Mediation Expert, will be joining us to share somehighlights from her popular “Learn to Mediate Online™ ” training program. She will review some of the basics of conducting mediations via Zoom.

About the Speaker Ms. Susan E. Guthrie, Esq.

Susan Guthrie, nationally recognized as one of the Top Family Law and Mediation Attorneys in the United States, has been helping individuals and families navigate separation and divorce for 30 years .
Susan is also an internationally well-regarded expert in online mediation and has been training colleagues and other professionals in the practical and ethical considerations of conducting their mediations online with her innovative programs and webinars for more than two years.
Susan founded Learn to Mediate Online™ in 2018 and now offers more than 7 programs for professionals all designed to help them to advance their skills and their practice to new heights.
Susan is an award-winning podcast host. Having reached a podcast listening audience of almost 4 million in the past two years, Susan is the creator and host of the hit podcast, The Divorce and Bey
Susan has been featured in and on media outlets such as CNBC, Market Watch, Forbes, Eye on Chicago, WGN, the ABA’s Just Resolutions Magazine, Thrive Global, The Nook Online among others . ond Podcast with Susan Guthrie, Esq.
As a leading dispute resolution professional, Susan is honored to serve on the Executive Council of the American Bar Association’s (ABA) Section of Dispute Resolution as the Membership Officer and to be a Co-Chair of the Mediation Committee and Annual Advanced Mediation Skills Institute.

Kindly fill up the Registration form by clicking below ?
https://bit.ly/3kry8T0 or visit us at www.mediateguru.com/events

Note: E-Certificate will be provided to participants who will fill the attendance form at the end of the session.

Date and Timings The Webinar will be conducted on 26th September, 2020 .7:00 PM Indian Standard Time2.30 PM British Summer Time8:30 AM Central Time

Registration Fees: Kindly note there is no registration fee for the webinar.

Contact info:For any query mail us:admin@mediateguru.com

Event Coordinator: Ms. Garima Rana+91 8800 474 226

ABOUT THE ORGANISATION

Vakeel Sahab Pro is an online Indian legal Portal founded in the year 2020, envisioned to empower the Lawyer’s creed. Law is like an ocean the deeper you go, the more you realise its depth. We aim to enhance your legal knowledge and skills not only by providing a learning platform but to make use of law in forming your opinions and raising your arguments.

Our startup strives to bring innovative legal events and programs for participants who are willing to stand apart from the crowd and realise their potential in uncommon ways. Being part of the legal world is about adding value to your personality and professional development. We always try to achieve what is fruitful for your Curriculum Vitae as well as self fulfillment. The usual bars to learning surrounded by orthodox methods leave no space for growth. Thus our mission should be to break the four walls of customary learning and think out of the box ways to advance our growth.

ABOUT THE INTERNSHIP

Vakeel Sahab Pro is organizing “ 1^st Online Internship ” in which we are looking for passionate students who want to work in the field of law, the interns shall be given exposure to various subjects dealing with Indian Constitution, I.P.C, Contract, etc. and Internship work would be compromises of many fields and we will ask your preference also in which field you want to work.

The details of the work shall be communicated to the interns once they join the WhatsApp group.

YOU WILL GET WHATSGROUP GROUP INVITATION LINK AFTER APPLYING ITSELF IN THE GROUP AT LAST.

# No fees

NUMBER OF INTERNS REQUIRED

No limit

ELIGIBILITY

Students who are pursuing a bachelor’s degree or a master’s degree in the field of law.(3 year or 5 year)

Students who know English or Hindi only can apply.

STIPEND

Unpaid

DURATION

Vakeel Sahab Pro is organising only ONE MONTH INTERNSHIP, (4 weeks) from 25^th September, 2020 – 25^th October, 2020.

PERKS

Certificate of Internship after completion of one month Internship.

Recommendation Letter only to the best performers.

Opportunity to join Vakeel Sahab Pro team.

HOW TO APPLY?

Students from all over the world can apply by sharing their details on this form – APPLY HERE or https://docs.google.com/forms/d/e/1FAIpQLSfaCMPMV-flY_aX8wVS1T8GTYM1Irb0SWNJh_oH-jT4o7q8oA/viewform?usp=sf_link

IMPORTANT NOTE: after submitting the details you will get a whatsapp group link in the last of form so join it because all the work you will get to know on whatsapp.

CONTACT DETAILS

vakeelsahabpro@gmail.com

+91 8112457884 (Only WhatsApp)

OFFICIAL LINK – https://www.vakeelsahabpro.online/2020/09/1st-online-internship-vakeel-sahab-pro.html

OFFICIAL WEBSITE – WWW.VAKEELSAHABPRO.ONLINE

THANK YOU

This article has been written by Niti Shah. Picture credits to socialnews.xyz

Facts of the Case

December 16, 2017, will always be remembered because of the gang-rape of a paramedical student. She wanted to become a physiotherapist. The incident she went through had triggered nationwide protests which also led to the foundation of new laws on crimes against women. On December 16, 2012, the 23-year-old, who is known as Nirbhaya, was gang-raped by six men on a moving bus. She was assaulted with an iron rod and her intestines were pulled out, the doctors had said she died at a hospital in Singapore 13 days later. Of the six rapists, one was a juvenile who was sentenced for 3 years at a probation home.Among all of them the prime accuse was Ram Singh,who was found hanging in his cell at Delhi’s Tihar jail 3 months after his arrest. The other four convicts were sentenced to death on September 13, 2013, by the Delhi High Court. The sentence was upheld by the Supreme Court in May 2017. The review petition of the convicts will be heard by the Supreme Court in January. This incident had gathered so much attention that it was covered by international media and was condemned by the United Nations Entity for Gender Equality and the Empowerment of Women, who were called on by the Government of India and the Government of Delhi “to do everything in their power to take up radical reforms, ensure justice and reach out with public services and to make sure women’s lives are much more safe and secure”. Public protests took place in Delhi on a very large scale where many thousands of protesters gathered together and clashed with security forces. Similar protests took place throughout the country.

Changes in the Legal System

The Criminal Law (Amendment) Act, 2013 which is named after Nirbhaya, the gang rape victim and it is called as the Nirbhaya Act which is an Indian legislation passed by the Lok Sabha on 19 March 2013, and by the Rajya Sabha on 21 March 2013, which provides for amendment of the Indian Penal Code, Indian Evidence Act, and Code of Criminal Procedure, 1973 on laws related to sexual offenses. The Bill has received Presidential approval on 2 April 2013 and it came into force from 3 April 2013. It was originally an Ordinance communicated by the President of India, Pranab Mukherjee, on 3 April 2013, in light of the nation wide protest in the 2012 Delhi gang-rape case. While the apex court upheld the death penalty to the convicts in the brutal rape and murder case of Nirbhaya.

What is Nirbhaya Fund?

The Nirbhaya Fund was created to be utilized for projects specifically designed to improve the safety and security of women in public places. The fund was established in 2013 but it gathered pace only in 2015. The key schemes under which the states have been allocated money which included Emergency response support system, Central victim compensation fund, Cybercrime prevention against women and children, Mahila police volunteers, and Universalization of helpline number.

What is Nirbhaya Act?

It amended and inserted new sections within the IPC about various sexual offenses. New offenses like acid attack, harassment, stalking are incorporated into the IPC.
It expands the definition of rape to incorporate many different ways that amount to rape.
The new amendment defines ‘consent’, to mean an unequivocal agreement to interact during a particular sexual act; clarifying further, that the absence of resistance won’t imply consent.
One of the foremost notable omissions of the Act is its failure to criminalize marital rape. It’s an exception to section 375, as long as the wife isn’t less than 15 years aged.

Amendments in Law

After the horrific Nirbhaya incident, many issues came under the lens and various amendments were brought out in the Criminal laws of India in the year 2013. The Criminal Law Amendment Act of 2013 came into the picture which is popularly called Nirbhaya Act. This Act made substantive changes in the definition of ‘rape’ under the Indian Penal Code, 1860 (“IPC”), wherein section 375 was widened to include acts other than forcible penetration or sexual intercourse. Further, several amendments were made in the IPC, including:

Section 166A was added for punishing public servants who refuse to record an FIR in cases of specified crimes against women including rape.
A new provision was incorporated under section 166B punishing those in charge of a public or private hospital for refusal to provide free medical treatment for victims of rape
the scope of section 376(2) was expanded to include rape committed by a member of armed forces deployed in an area by the Central or a State Government in such area
separate section i.e. 376D for the offenses of gang rape with higher punishment was added.
The other statutes including the Code of Criminal Procedure, 1973 (CrPC), and the Evidence Act, 1872 were also amended to bring them in consonance with the punishments.
In CrPC, section 154(1) that provided for recording of an FIR was amended to include that in certain offenses against women (including rape), the FIR has to be recorded by a police officer, at her residence or a place of her choice
Section 164 (5A) was added in the CrPC which made it mandatory for the Judicial Magistrate to record the statement of the victim, as soon as the commission of the offense was brought to the notice of the police. Further, an explanation was added to section 197(1) of the CrPC which provides the prosecution of judges and public servants.

Effects on the Judicial System

As the memories of the Nirbhaya case waned from the minds of people, the nation mourned yet another rape victim when another horrific incident from Hyderabad came to light in 2019, where a 27-year old veterinary doctor was brutally gang-raped and thereafter burnt alive. The incident elicited outrage amongst the people demanding speedy justice unlike Nirbhaya, where the case was being held up in court for 7 years. Many demonstrations were organized across the country demanding justice. In the meantime, in a follow-up incident in the Hyderabad case, news erupted that the four suspects in the case were killed by the Hyderabad Police in an encounter in the police custody. Expectedly, the said act of police was celebrated by the people of India. Though the speedy justice delivered to the victim by way of such encounter was hailed all over the nation including the victim’s family, the family still claimed that police could have been more vigilant and responsive when the father of the victim had approached them on the same day around 11 p.m. but the police officials allegedly wasted time on the applicability of jurisdiction in ascertaining the concerned police station and in delaying the investigation on the unfounded process. However, it is pertinent to note that taking law and order in our hands without a fair trial to the accused is truly no solution at all. Though for a limited frame of time, we may celebrate the so-called speedy ‘justice’ to justify the act, the question remains – how does the police differentiate between a suspect and a convict? It is important to understand and appreciate the primary principle of criminal law is that every man is presumed innocent until proven guilty. The pressure by the public for speedy justice may lead to unfair ways of punishing the suspects. Justice cannot be meted out just to please the public at large, it has to go with the touchstone of a fair trial.

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This article has been written by Shubham currently currently pursuing BBA.LLB from FIM, IP University. In the below-given article, you’ll all get to know the necessary information about “Companies Act, 2013. Its introduction and types with few relevant cases.

On the basis of incorporation

Statutory Companies

These organizations are established by an uncommon Act of Parliament or State Legislature. These organizations are framed fundamentally with an expectation to offer the public types of assistance. In spite of the fact that basically they are administered under that Special Act, still the CA, 2013 will be relevant to them aside from where the said arrangements are conflicting with the arrangements of the Act making them (as Special Act beats General Act). Instances of these kinds of organizations are Reserve Bank of India, Life Insurance Corporation of India, and so on.

Registered Companies

Organizations enlisted under the Companies Act, 2013 or under any past Company Law are called enrolled organizations. Such organizations appear when they are enlisted under the Companies Act and an endorsement of joining is allowed to it by the Registrar.

2. On the basis of Liability

Companies limited by Shares

An organization that has the obligation of its individuals restricted by the update to the sum, assuming any, unpaid on the offers separately held by them is named as an organization restricted by shares. The obligation can be upheld during presence of the organization just as during the twisting up. Where the offers are completely settled up, no further risk lays on them. For instance, an investor who has paid 75 on a portion of assumed worth 100 can be called upon to pay the equalization of 25 as it were. Organizations restricted by shares are by a wide margin the most well-known and might be either open or private.

Companies limited by Guarantee

Organization restricted by ensure is an organization that has the obligation of its individuals restricted to such sum as the individuals may separately attempt, by the update, to add to the advantages of the organization in case of its being twisted up. If there should be an occurrence of such organizations the risk of its individuals is restricted to the measure of assurance attempted by them. The individuals from such organization are put in the situation of underwriters of the organization’s obligations up to the concurred sum. Clubs, exchange affiliations, research affiliations and social orders for advancing different items are different instances of assurance organizations.

Boundless Liability Companies:

An organization not having a cut-off on the obligation of its individuals is named as boundless organization. Here the individuals are obligated for the organization’s obligations in relation to their particular advantages in the organization and their risk is boundless. Such organizations might possibly have share capital. They might be either a public organization or a privately owned business.

3. On the basis of Members

Private Company

According to Section 2(68) of the Companies Act, 2013, “privately owned business” signifies an organization having a base settled up share capital as might be endorsed, and which by its articles,– confines the option to move its offers; aside from in the event of One Person Company, restricts the quantity of its individuals to 200: Given that where at least two people hold at least one offers in an organization mutually, they will, forthe reasons for this provision, be treated as a solitary part Given further that the accompanying people will not be remembered for the quantity of individuals;– people who are in the work of the organization; and people who, having been once in the past in the work of the organization, were individuals from the organization while in that business and have kept on being individuals after the business stopped, will not be remembered for the quantity of individuals; and precludes any solicitation to the general population to buy in for any protections of the organization; It must be noticed that it is just the quantity of individuals that is restricted to 200. A privately owned business may give debentures to quite a few people, the main condition being that a solicitation to the general population to buy in for debentures is restricted. The aforementioned meaning of private restricted organization determines the limitations, constraints and preclusions, which must be explicitly given in the articles of relationship of a private restricted organization.

Public company

Given that an organization which is an auxiliary of an organization, not being a privately owned business, will be regarded to be public organization for the motivations behind this Act even where such auxiliary organization keeps on being a privately owned business in its articles. According to area 3(1)(a), a public organization might be shaped for any legal reason by at least seven people, by buying in their names or his name to a notice and following the prerequisites of this demonstration in regard of enrolment. A public organization might be supposed to be an affiliation comprising of at the very least 7 individuals, which is enlisted under the Act. On a fundamental level, any individual from the public who is eager to address the cost may procure shares in or debentures of it. The protections of a public organization might be cited on a Stock Exchange. The quantity of individuals isn’t restricted to 200. According to area 58(2), the protections or other enthusiasm of any part in a public organization will be openly adaptable. Be that as it may, any agreement or game plan between at least two people in regard of move of protections will be enforceable as an agreement. The Companies Act, makes an away from concerning the adaptability of offers identifying with private and public organizations. By definition, a “privately owned business” is an organization which confines the option to move its offers. On account of a public organization, the Act gives that the offers or debentures and any intrigue in that, of an organization, will be unreservedly adaptable. The arrangement contained in the law for the free adaptability of offers in a public organization is established on the rule that individuals from the public must have the opportunity to buy and, each investor ought to have the opportunity to move.

One Public Company

ONE PERSON COMPANY (OPC)

With the usage of the Companies Act, 2013, a solitary individual could establish a Company, under the One Person Company (OPC) idea. The presentation of OPC in the legitimate framework is a move that would support corporatization of miniature organizations and businesses. OPC is a one investor corporate substance, where legitimate and budgetary obligation is restricted to the organization as it were. According to segment 2(62) of the Companies Act, 2013, “One Person Company” signifies an organization which has just a single individual as a part. Area 3(1) (c) sets out that an organization might be framed for any legitimate reason by one individual, where the organization to be shaped is to be One Person Company that is to state, a privately owned business. At the end of the day, one individual organization is a sort of privately owned business. A One individual organization will have at least one chief. Hence, a One Person Company will be enrolled as a privately owned business with one part and one chief.

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This article has been written by Nikhat Fatima pursuing law from Rizvi Law College. Picture credits to mjccs.pk

Corporate Law, also inferred as Company Law or Business law is a body that regulates the rights and code of companies organizations and businessmen. any advertisement offering shares or debentures of the company for sale to the public is a prospectus. The law is aimed at easing the process of doing business in India and improving corporate governance by making companies more accountable.

Section 2(70) of the Companies Act 2013 defines Prospectus as “any document issued for advertisement or other document inviting offers from the public for the subscription or purchase of any securities of a body corporate”.

A Prospectus is an invitation issued to the public to offer for purchase/subscribe shares or debentures of the company. In other words, any advertisement offering shares or debentures of the company Private limited companies are strictly prohibited from issuing a prospectus and they cannot invite the public to subscribe to their shares. A prospectus can only be issued by public limited institutions. Making it an open invitation prolonged to the public at large.

Advertisement of the Prospectus

Section 30 of the Companies Act 2013 contains the provisions regarding the advertisement of the prospectus. In any manner where an advertisement of any prospectus of a company is published, it shall be necessary to specify therein the contents of its memorandum as regards the objects, the liability of members and the amount of share capital of the company, and the names of the signatories to the memorandum and the number of shares subscribed for by them, and its capital structure.

Types of Prospectus

Red Herring Prospectus
Shelf Prospectus
Abridged prospectus
Deemed Prospectus

Red Herring Prospectus

Specified under Art 31 of the Companies Act 2013 a red herring prospectus is issued prior to the prospectus when a company is proposing to make an offer.

It shall file it with the Registrar at least three days prior to the opening of the subscription list and the offer. A red herring prospectus shall carry the same obligations as are applicable to a prospectus and any variation between the red herring prospectus and a prospectus shall be highlighted as variations in the prospectus.

Shelf Prospectus

A prospectus that has been issued by any public financial institution, company, or bank for one or more issues of securities or class of securities as mentioned in the prospectus is known as Shelf prospectus. When a shelf prospectus is issued then the issuer does not need to issue a separate prospectus for each offering he can offer or sell securities without issuing any further prospectus.

The provisions related to shelf prospectus have been discussed under section 31 of the Companies Act, 2013.

Abridged prospectus

A summary of a prospectus filed before the registrar. It contains all the features of a prospectus known as Abridged prospectus. An abridged prospectus contains all the information of the prospectus in brief so that it should be convenient and quick for an investor to know all the useful information in short.

Section33(1) of the Companies Act, 2013 also states that when any form for the purchase of securities of a company is issued, it must be accompanied by an abridged prospectus.

Deemed Prospectus

A deemed prospectus has been stated under section 25(1) of the Companies Act, 2013.

A document will be considered as a deemed prospectus through which the offer is made to the public for sale when any company offers securities for sale to the public, allots or agrees to allot securities. The document is deemed to be a prospectus of a company for all purposes and all the provision of content and liabilities of a prospectus will be applied upon it.

Objectives of Issuing the Prospectus

To bring to the notice of the public that a new company has been formed.
To preserve an authentic record of the terms and allotment on which the public have been invited to buy its shares or debentures.
To secure that the directors of the company accept responsibility for the statements in the prospectus.

Contents of Prospectus

The contents of the prospectus have been specified in Schedule II of the Companies Act. The important contents in the prospectus include the following.

Name and address of the company
Objects of the company
Full particulars of the signatories to the Memorandum and number of shares taken by them.
The names, addresses, and occupations of the directors, managing directors or managers, etc.
The number and classes of shares.
The minimum subscription
The qualification shares of a director and the remuneration of the directors.
The amount payable on application, on the allotment, and on calls.
The names of the underwriters.
The estimated amount of preliminary expenses.
The names and addresses of the auditors of the company
Particulars about reserves and surplus
Voting rights of the different classes of shares.
Reports of the auditors regarding profits and losses of the company.
A similar report by the Chartered Accountant regarding the Profits and Losses and Assets and Liabilities of the Company.

Consequences of Misstatement in Prospectus

Civil and Criminal liabilities shall be faced by any person who provides with misstatement in a prospectus.

Civil liability

In case, misleading prospectus amounts to misrepresentation, the aggrieved persons can repudiate the contract. They can claim a refund of their money. Damages can also be claimed by the persons found guilty.

Criminal liability

In case any deliberate concealment is made, directors will be punished with a fine of Rs. 5,000 or imprisonment up to two years or both. If it is a fraud the fine will extend to Rs. 10,000 or 5 years imprisonment or both.

Statement in Lieu of Prospectus

When the prospectus is not issued by the company a statement in lieu of a prospectus must be filed with the Registrar at least three days before the allotment of shares. The contents of the statement in lieu of prospectus are very much similar to the prospectus. The statement must be signed by all the directors or their agents authorized in writing. These provisions do not apply to a private company.

Conclusion

A prospectus plays an important part in the development of a public limited company. It is one of the most important booklets as it instructs more about the company in a detailed manner about its share.

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This article has been written by Khan Mahe of Rizvi Law College, Picture credits to Livelaw.in

Introduction

A brief analysis about the Newly added national law entrance exam (NLAT) by National Law School of India University (NLSIU)which has created a lot of chaos between the students and exam conducting bodies ,and in detail about CLAT vs NLAT and Aftermath.

What is NLAT?

National Law Aptitude Test (NLAT) is an online home-based test for admissions to undergraduate and postgraduate courses at the university. Due

to constant postponement of CLAT which is a common entrance test for all the students willing to opt national universities for further studies and due pandemic has created immense confusion for the entrance examination tests of various universities, The National Law School of India University (NLSIU), Bangalore Decided not to entertain CLAT as an entrance exam but to conduct their own inhouse exam name as NLAT ,The authorities involved believed that If admissions are delayed beyond September , it will inevitably lead to a ‘Zero Year’ where no admission can take place, NLSIU’s follows a trimester system which means every academic year is made up of three terms, each of 90 days’ duration Thus it would deprive law students of the opportunity to pursue their studies this year at India’s premier law university, However later on it was decided that NLAT will be conducted fully online on 12th of September and on 14th of September for the students who had faced technical difficulties and challenges in the first exam The duration of the exam for BA LLB will be 45 minutes, and included 40 multiple choice questions; meanwhile, PG paper was of 40 minutes and included 30 questions, which will be given through laptops/mobile phones would require high internet connections .

NLAT v CLAT

With the Announcement a lot debates about CLAT vs NLAT has risen as to why to conduct a separate entrance by dropping CLAT ,Moreover the university in its press release has made it clear that They’re completely separating from CLAT 2020 and no member from the NLSIU, including the Vice Chancellor, who was the Secretary-Treasurer in the CLAT General Body, will participate in CLAT 2020 in any manner ,conducting a separate test outside the Consortium, multiple judgments have held that Courts can still intervene if entrance tests are found to be unfair or lacking transparency, though both Both NLAT and CLAT focus on the candidate’s reading, critical thinking and analytical skills , the real problem arises in the weightage of negative marking scheme, NLAT exams each question carries 2 marks and an incorrect answer will invite a penalty of 0.50 marks. Even for an unanswered question, there is a negative marking of 0.25 marks. Which means, the students have to answer all questions.However in the CLAT marking scheme is different from NLAT; each question of the CLAT question paper carries one mark and an incorrect answer invites a penalty of 0.25 marks. Importantly, there is no negative marking for unanswered questions in whatever way the NLAT doesn’t allow students to revisit the questions that have been answered once. However in CLAT there’s the sectional navigation including revisiting a question is allowed. NLSIU took a Audacious approach towards conducting an home based examination while CLAT will always be centered based exam as usual ,the university has faced prevalent backlash from renowned academics, students, lawyers, and across the media for its exclusionary and onerous technical requirements to conduct the exam. Students’ rage has reached to the doors of Jharkhand High Court wherein students have filed a writ petition against NLSIU holding NLAT 2020

Repercussion of NLAT

Aftermath of debates and petitions SC gave the order to conduct the but not to declare the results, besides on 12th September ,more than 94% of students appeared for the exam, however many students who appeared in the exam have expressed their dissatisfaction with the way the exam was conducted at home, they not just faced the technical difficulties ,verification failure but also new cheating methods was circulated, in addition to this the examination got submitted on its own well before the stipulated ending time. Surprisingly, this happened with a lot of candidates, and also Options provided weren’t getting selected properly however, Multiple clicks were required to get one option selected which has consumed a lot of students time ,in the midst of all issues, students tried calling the helpline number. Which wasn’t picked up and in some cases which was not useful. As according to the Notification, applicants who successfully appear for the test will be individually informed of their result via text message/ email however the university has declined to publish a consolidated merit list of students ,furthermore many students expressed their dissatisfaction on social media and urged the university for reconducting of exam, They criticized the exam body for not employing Artificial Intelligence and human-based proctoring to prevent the cheating mechanism and demanded Due to exam organizer’s mistakes potential errors in the merit list must be rectified to ensure complete fairness ,The Supreme court Court heard pleas against the issue concerned which contained termed holding of separate examination as “manifestly arbitrary and illegal decision and the sudden and capricious decision of the NLSIU has not only thrown the aspirants of CLAT 2020 into frenzy and in a state of fear and confusion, it has also severely jeopardized the position of the university in the Consortium. Due to the whimsical conduct of the University, the children are put to extreme pressure and mental stress however The matter is kept before SC for verdict on 21st September.

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