Tag: lawstudents

CASE NUMBER

Crl.A. No 14/2013

CITATION

W.P. (C) 3918/ 2020

BENCH

Justice Pratibha M. Singh

DECIDED ON

12. 04. 2021

RELEVANT ACT/SECTION

Narcotics Drugs and Psychotropic Substances Act, 1985 and Article 21 of the Constitution.

BRIEF FACTS

The petition was filed by the petitioner for the removal of the judgment titled, ‘Custom v Jorawar Singh Mundy’ from the platforms such as Google, Indian Kanoon, and Vlex.in. The case of the petitioner is that the petitioner is of Indian origin but an American citizen. He claims that he is indulged in portfolios of real estate etc. When he came to India, a case under Narcotics Drugs and Psychotropic Substances Act, 1985¹ was made against him. After that, he was acquitted by the trial court under this case. the decision of the trial court resulted in an appeal before the high court. The high court decided to uphold the acquittal of the petitioner.

According to the petitioner’s claims, he or she returned to the country and attended the University of San Diego School of Law to further pursue his or her legal education. After that, he understood that he was at a severe disadvantage because any prospective employer looking to check his record before hiring him might easily find the court’s verdict by conducting a google search. Despite having a strong academic background, the petitioner claims that he has been unable to find employment that meets his expectations. He attributes this inability to the fact that this judgment is publicly available online.

The petitioner also issued the legal notice to the platforms such as Google India Private Ltd, Google LLC, Indian Kanoon, and vLex.in. The website of vLex.in contended that they have removed the said judgment but it is still available on other platforms. To recognize the petitioner’s Right to Privacy under Article 21 of the Constitution², the prayer in this writ petition is to direct the removal of the abovementioned ruling from all respondent platforms.

ISSUE

Whether a court order can be removed from the online platforms?

DECISION

The court held that the charges brought against the petitioner were dismissed from the case. Despite having been ultimately found not guilty in the case by the aforementioned judgment, this Court believes that the petitioner is still entitled to some interim protection while the legal issues are still pending adjudication by this Court because of the irreparable harm that may be done to his social life, career prospects, and legal standing.

The court directed the respondent no. 2 and 3 to remove the judgment titled, ‘Custom v. Jorawar Singh Mundy’ from their search results. Whereas, Indiankanoon was directed to block the said judgment from being retrieved by using search engines such as Google, Yahoo, till the date of the next hearing.

CONCLUSION

A person’s life will be as bad as hell if information about their criminal history or any occurrence that would have caused the public to have a bad opinion of them is made public. He or she will be imprisoned in their former lives. India has experienced rapid development in recent years. This development occurred on top of the nation’s digital technologies roots. The internet and smartphones have integrated seamlessly into our daily lives. Additionally, courts are now acknowledging that Article 21 covers access to the internet. Some of us would prefer to move on from our pasts and forget about them. The issue emerges when a person’s past mistakes chain him and causes him to make the same mistakes over and over again.

The Right to be forgotten aims to provide assistance in this issue. The scope of the Right to be forgotten should be expanded and must include removing everything that is “irrelevant, erroneous, or inadequate.” It should not be limited to “sensitive personal data.” In this instance, the petitioner’s attorney has highlighted the fact that, in the absence of supporting legislation, the public is likely to disagree with the petitioner’s request and support the right to privacy and freedom of expression. According to Akshat Bajpai, a lawyer for one of the petitioners, big multinational corporations operate differently in Europe than they do in India when it comes to following the law. It is essential to secure someone’s privacy given how quickly technology is developing. The right to be forgotten ensures that an individual’s privacy will be protected and supports their right to free speech. The establishment of such a right in India will assist the populace in managing their “digital footprint” and address the problem of data security and misuse that has recently emerged.

---

REFERENCES

1. The Narcotics Drugs and Psychotropic Substance Act, 1985.
2. The constitution of India, 1950, Art. 21

This article is written by Prerna Pahwa, a student at Vivekananda Institute of Professional Studies, New Delhi.

OVERVIEW

All facets of road transport vehicles are governed under the Motor Vehicles Act¹, an Act of the Indian Parliament. The Act details the legislative requirements for driver and conductor license, vehicle registration, permit-based motor vehicle control, special provisions for state transportation undertakings, traffic law, insurance, liability, offenses, penalties, etc. The Central Motor Vehicles Rules2 was created in 1989 by the Indian government to implement the legislative provisions of the Act. The Motor Vehicle (Fifth Amendment) Act of 2022 implemented the most recent of the Act’s five amendments, which have been made since it went into effect in 1988.

Sections 50 to 57, including Section 93 of the Motor Vehicle (Amendment) Act, 2019 were notified by the Central Government. Insurance of motor vehicles against third-party risks, that were covered under Chapter IX of the Motor Vehicle Act, 1988 has been replaced by Section 51 to 57 of the Motor vehicle (Amendment) Act, 2019. Similar amendments have also been made regarding the filing of claims before the motor accident claims tribunal under sections 163, 166, 168, and 169 of the Motor Vehicles Act 1988. The second schedule of the Motor Vehicle Act, 1988 under Section 163A, which provided for the structural formula for non-fault basis compensation has also been omitted, by Section 93 of the Motor Vehicle (Amendment) Act, 2019.

AMENDMENTS MADE TO THE ACT

• Omissions under Chapter X of the Motor Vehicle Act, 1988- Provisions of interim compensation, that came under no-fault liability, i.e., Sections 140 to 144, are omitted and no other interim compensation has been made available in the motor accident claims.
• Replacement of Chapter XI- Insurance provisions for Motor Vehicles relating to third party risks, i.e., Sections 145 to 164, were replaced with new provisions as under Section 145 to 164D.

NEW PROVISIONS MADE UNDER THE REPLACEMENT OF CHAPTER XI

• Section 149 (1) Designated Officer to be appointed by the Insurance firm within 10 days of an accident- A designated officer shall be appointed within 10 days upon receiving accident information by the insurance firm. The accident information shall be received through an Accident Information Report or by the claimant himself. All claims relating to any such accidents would be settled by the designated officer.
• Section 149 (2) Insurance firm’s settlement offer- As per rules prescribed under the Central Motor Vehicles Rules, the Designated Officer is responsible for making a settlement offer on behalf of the insurance firm within 30 days.
• Section 149 (3) (a) Award of Consent by Claims Tribunal- The Claims Tribunal will pass an award based on the recorded settlement, enforcing the insurance firm to make complete payment of the claim within 30 days of the recording of settlement, if the claimant accepts the offer made by the Designated Officer.
• Section 149 (3) (b) Rejection of Settlement Offer by Claimant- The Claims Tribunal, shall amend the date of hearing, upon a rejection of the settlement offer by the claimant, and shall adjudicate the claims upon merits.
• Section 150 – Satisfaction of Award or Judgement against persons insured under third party risks is the responsibility of the Insuring firm- Irrespective of the fact whether the insurer could avoid, cancel, or may have avoided and canceled the policy in the past, the insurance firm would still be responsible for the payment of the compensation. The insurance premium paid by cheques that were dishonored has become a strong defense for insurance firms, and they may claim that policy’s premium was not received by the firm. Under Section 185, driving under influence has also been added as a defense to be used by Insurance firms.
• Section 156 – Insurance firm cannot refuse a claim after the death of the insured in an accident- Under this new provision, if an insured person dies in an accident, the insurance firm cannot withhold or refuse to give a Motor Accident Claim.
• Section 158 (1) All documents relating to vehicle’s use shall be duly presented by the driver- All documents like the driver’s license, fitness certificate, insurance certificate, vehicle registration, and so on should be presented to the Police Officer by the driver of the vehicle.
• Section 158 (2) All documents relating to the accident to be produced are the owner’s responsibility- All documents as mentioned above, if not presented by the vehicle’s driver, it is hence the owner’s responsibility to present documents to a police officer.
• Section 159 – Accident Information Report to be filed at the Claims Tribunal within three months by the Police Officers- As per the new provisions, the responsibility to file the Accident Information Report within three months of the accident lies with the police officers.
• Section 160 – Furnishing particulars of accidental vehicles to the claimants is the responsibility of the Police Officers and Registering Authority- Upon the payment of all fees prescribed, it is the duty of the Police Officers and Registering Authority to provide information about the accident to the claimant.
• Section 161 – Increase in Hit and Run Compensation- According to the new provisions, the compensation for hit and run claims has been increased from INR 25,000/- to INR 2,00,000/- in cases of death of the claimant, and from INR 25,000/-to INR 50,000/- in cases of injury.
• Section 162 – Golden Hour Scheme– Section 2 (12A) defines Golden Hour as the period of one hour after suffering a life-threatening injury during an accident, during which death is prevented by providing immediate medical care. This provision ensures that the Insurance firms provide cashless treatment of victims of road accidents during the Golden Hour period.
• Section 164 – No-Fault Liability related compensations– Structured formula for no-fault liability compensation, which was provided under Section 163A in the second schedule of the Motor Vehicle Act, 1988, is omitted under Section 93 of the Motor Vehicle Act, 2019. The claimant of such compensations under section 164, cannot claim compensation under Section 166 of the Motor Vehicle Act. The monetary compensation for such claims stands at INR 5,00,000/- in case of claimant’s demise and INR 2,50,000/- in case of life-threatening injury, without proving the driver’s negligence.
• Section 164 (A) Scheme-making powers to grant interim relief- The Central Government shall possess the power to make schemes to grant interim relief to claimants, under Section 164 (A).
• Section 164 (B) Funds for Motor Vehicle Accidents- The central government has the power to form a separate fund for Motor Vehicle Accidents to facilitate mandatory insurance to cover all the roads in the country. The fund may be put in use to provide medical treatment for injured persons in a road accident and in the case of a hit and run the fund is used to reimburse the next of kin of the dead or to the person who suffered life-threatening injuries. The central government can pay compensations to persons out of this fund under Section 164 (B). Rules can be put in place to whom compensation can be paid under section 164 (C)(2)(W). The central government has the authority to decide the maximum amount of liability to be paid to a person under Section 164 (3)(D).
• Section 164C – Rule Making Power of Central Government- The central government can put regulations in place to undertake the provisions of Chapter XI through Section 164C, including the form of Accident Information Report, submitting claims to the tribunal in which manner and time, regulations of making compensatory payments under Section 164(1). Through Section 164A (2), it can recover funds for the scheme and may credit the income source into the Fund for Motor Vehicle Accidents under Section 164B (1).
• Section 166(3) Compensation making limitations- Through this provision, a six-month period of limitation has been introduced since the accident occurred, to apply for the filing of compensation. No period of limitation existed before this provision was introduced.
• Section 166(5) After the demise of the injured, the legal representatives are permitted to continue the claim– The legal representatives of the diseased who was previously injured, are allowed to continue the claim after the demise of the injured, only if the death is related to or has some connection with the injury.
• Section 173(2) If the award of claims is less than INR 1,00,000/ no appeals are permitted- Under this provision, if in a dispute the award of claims is less than INR 1,00,000/-, then there shall be no appeals permitted against the Claim Tribunal’s award as under Section 173(2).

CENTRAL MOTOR VEHICLES (FIFTH AMENDMENT) RULES, 2022

The Central Motor vehicles (Fifth Amendment) Rules, 2022 provide for procedures to investigate and adjudicate Motor Vehicle Claims. These rules came into force on 1^st April, 2022 and regulated the timeframe to complete all investigations and adjudication within six months to one year. All the claimants shall receive their claims within one year of the accident due to this provision. Following are the rules that were formed by the Delhi High Court in the case of Rajesh Tyagi v. Jaibir Singh³ for the speedy settlement of motor vehicle accident claims-

• Form – I i.e., the First Accident Report shall be filed at the Motor Accident Claim Tribunal by the Police Officers within 48 hours of the accident.
• The victims should be made aware of their rights by the police officers within 10 days of the accident under Form II.
• Within 30 days of the accident, the driver of the offending vehicle should submit driver’s Form III to the police officers.
• Within 30 days of the accident, the driver owner of the offending vehicle should submit owner’s Form IV to the police officers.
• Upon the verification of the owner and driver’s forms, the police officers must submit an Interim Accident Report to the Motor Vehicle Accident Claims Tribunal within 50 days of the accident.
• Within 60 days of the accident, the victim must submit the victim’s form VI and VI(A) to the police.
• Within 90 days from the accident, the police must submit the Detailed Accident Report Form VII to the Motor Vehicle Accident Claims Tribunal.
• Within 30 days of the receipt of the Detailed Accident Report, the insurance firm shall verify the victim’s form VI and is then required to submit its findings and offer of settlement before the Motor Vehicle Accident Claims Tribunal.
• The Claims Tribunal will pass a Consent Award within 6 months of the accident, if the insurance firm accepts the liability and submits a fair claim offer.
• If the amount offered by the insurance firm is not fair and is not accepted by the claimant, the Claims Tribunal shall allow arguments from both sides with respect to the compensation quantum and pass an award within 9 months of the accident.
• The Claims Tribunal shall conduct an inquiry that would be completed after 12 months of the accident if the Insurance firm disputed the liability.

CONCLUSION

Hence, with the new provisions in place we get to know that the central government has taken up the responsibility to ensure that the vehicles on the Indian roads are insured, and the centre may allocate funds to individuals for the reimbursement of damages suffered by victims of hit and run cases, using the Motor Vehicle Accident Fund. We can also see that steps have been taken to increase the compensatory amounts in case of injury and deaths, the reason behind which may be to facilitate the legal representatives and the next of kin in much better ways. We can also infer that in case of long-lasting disputes, the central government can provide interim relief to victims. Therefore, we can conclude by inferring that the new amendments that have been brought into place have been done so to better facilitate the motor vehicle damage claims, the results of which have started to be seen already.

---

CITATIONS

1. The Motor Vehicles Act 1988, available at https://legislative.gov.in/sites/default/files/A1988-59.pdf
2. Central Motor Vehicle Rules 1989, available at https://morth.nic.in/central-motor-vehicles-rules-1989-1
3. Rajesh Tyagi v. Jasbir Singh, IV (2010) ACC 859.

This article is written by Namay Khanna, is a 3^rd year BBA LLB (Hons.) student at Symbiosis Law School, Pune.

CITATION

78/2019; 77/2019; 79/2019; 76/2019

BENCH

Justice Manojit Bhuyan; Justice Soumitra Saikia

FACTS AND BACKGROUND OF THE CASE

In the present-day, internet and social media platforms have gained importance over a period of time. The government’s frequent action of shutting down internet services for one region or another on the ground of ‘Public Safety’ has now become a hindrance in the life of people. Despite recognition of Right to Internet under Article 21 of Indian Constitution, it failed to provide relief to citizens. Due to the widespread protests in regions of north eastern areas, it led to chaotic situation in country, resultantly government was forced to shut down internet services as claimed by government of various states. In the instant case there were four petitioners namely Advocate Banashree Gogoi, Deva Kanya Doley, Randeep Sharma and Journalist Ajit Kumar Bhuyan who filed a Public Interest Litigation to challenge the notifications of Government of State of Assam that suspended the internet services on 11^th December 2019. Government banned internet services in 10 of its districts for a complete day and reasoned its action as to stop further protest that may happen due to the newly amended Citizenship Act.

LAWS INVOLVED

Article 32: The right of every citizen to move to Supreme Court if his/her any fundamental right is violated. Supreme Court can issue writs to any government authority, private authority or private individual for that matter.

Article 226: It provides power to High Court for enforcement of fundamental rights or other legal rights by way of issuing writs to any government authority, private authority or private individual for that matter.

Indian Telegraph Act, 1885: It provides that Indian Government has exclusive jurisdiction over maintain, establishment, operating, licensing and oversight over systems either wired or wireless. 

Section 5 (2) Indian Telegraph Act, 1885: It gives authority to governments both at central and state level for preventing of transmission of messaging during a situation of public emergency or for public safety or in the interests of sovereignty, integrity and security of India.

Temporary Suspension of Telecom Services (Public Emergency or Public Safety), 2017: It empowers the government to shutdown internet services in any particular region by way of notification based up on public emergency.  

ISSUE

Whether the State Government of Assam had enough reasons for contentment of public to justify the further continuation of ban on internet services?

DECISION OF COURT

It was recalled by court that an order dated 17-12-2019 has already been passed, that despite of restoration of normal conditions in state the Government of Assam refused to lift the ban on internet services; this results in freezing the entire working of cities. Due to the problems faced by many locals of state in their day-to-day lives, the Hon’ble Supreme Court passed an order that suggests the state government to restore internet services for fewer hours and to justify their action of continuing suspension. It was contented by petitioner that the term ‘Law and Order’ and term ‘Public order’ have different meanings and State Government is not making any effort for assessing the situation for peaceful ‘Public Order’. Whereas, State Government claimed it reviewed its decision where they put forward those inputs from various agencies and a meeting among State Authorities regarding the issue led to decision’s continuation.

It was argued the restoration of broadband services and lifting of curfew itself shows that ‘grave’ law and order situation has already waved away. Court stated that respondents have no reasons to justify that internet services disrupts law and order situation. Finally, court states that internet services play a major role in lives of people with advancement of Science and Technology, shutting down internet services would only cause further chaos in lives of people. The state government when issued notifications there was reasonable apprehension regarding law and order in society. Law surely does permit suspension of internet services whenever necessary however, in the current situation the State Authorities failed to assess the situation and to justify the continuation of ban on internet services. Court directed the Government of State of Assam to restore internet services on 19-10-2019 at 5.00 P.M. State is free to take any steps for stopping any violence that may take place in the future. The decision by court protects and extends the ambit of an individual Right to Receive and impart information providing no exception to state’s justification for ban. It gives a broad view over the protection of fundamental rights not based on mere apprehension of threat to ‘Public Safety’. The government must have enough reasons for internet shutdowns or for hindrance in way of any fundamental right if it failed to contentment of public for any action that harms one’s fundamental rights, it may suffer consequences.    

This case analysis is written by Simran Gulia, currently pursuing BA LLB from Maharaja Agrasen Institute of Management Studies.

CITATION

1992 AIR 1858, 1992 SCR (3) 658

APPELLANT

Miss Mohini Jain     

RESPONDENT

State Of Karnataka And Ors.

BENCH

Kuldip Singh (J)

DECIDED ON

30 July, 1992

ACTS/SECTIONS

Constitution of India, 1950-Articles 41, 45-Right to Education, Karnataka Educational  Institutions  (Prohibition of Capitation Fee) Act, 1984 ( Section 3)

BRIEF FACTS

Mohini Jain was a young lady initially from Meerut, Uttar Pradesh, and needed to seek after MBBS from a confidential school in Karnataka named Sri Sriddharatha Medical College, Agalokote, Tumkur. As per the Karnataka Educational Institutions (Prohibition of Capitation Fee) Act, it was laid out by the state government that Private Medical Colleges will charge just ₹2000 per annum from understudies conceded on Government seats, ₹25,000 from understudies from the territory of Karnataka and ₹60,000 from understudies of the other states in India. Aside from this, no expense ought to be requested from the understudy. This step was taken to guarantee that the Private Medical Colleges don’t charge cash from understudies in return for affirmation.

The administration of the school illuminated her that she would need to present an amount of ₹60,000 for each year however her dad passed on to the specialists that ₹60,000 is an enormous measure of cash and he was unable to manage the cost of that. On this premise, she was denied confirmation in the school. Miss Jain later affirmed that separated from the ₹60,000 the school likewise requested ₹4,50,000 as a capitation charge however this was denied by the school.

The Respondents guaranteed that she was approached to pay a measure of Rs. 60,000, and thusly, the Management got a call from the Petitioner’s dad who pronounced that he didn’t possess the ability to pay the extreme sum.

The Petitioner guaranteed that she was approached to pay an extra amount of around four and a half lakhs as capitation expense, which was denied by the Respondents energetically. Ms. Jain recorded a request under Article 32 of the Indian Constitution testing the notice of the Karnataka Legislature that considers requesting such excessive sums from understudies for the sake of educational cost.

The appeal guaranteed that the warning was violative of Articles 12, 14, 21, and 41 of the Indian Constitution as it conspicuously denied the Right to training to Indian residents on an erratic premise. The expense charged could without much of a stretch be recognized as a capitation charge. It was, in this manner, violative of Section 3 of the Act and against the excellencies of Right to Equality and Right to Education.

ISSUES BEFORE THE COURT

• Whether the Right to Education is ensured to the residents of India in consonance with Fundamental Rights, and whether charging a capitation expense infracts something similar?
• Whether the charging of capitation expense is violative of the fairness statement cherished in Article 14?
• Whether the criticized warning allowed the charging of a capitation expense dishonestly?
• Whether the notice is violative of the arrangements of the Act restricting the charging of such expenses?

ARGUMENTS ADVANCED

The Petitioner battled that the burden of such colossal charges for training by the confidential school is against the different articles under the Indian Constitution.

For this situation, the Respondent battled at first that the rules which have been continued in the confidential school with respect to the capitation expenses are not chargeable from those understudies who were equipped for the Government situates yet just from those understudies who were from various classes. They additionally contended that as they were following such grouping of seats in the school under merit list or under nonmeritorious list, which suggests that Government seats for up-and-comers who were under merit rundown and other people who were not. Accordingly, the administration leading group of the school has the option to charge expenses from the individuals who didn’t go under the legitimacy list.

One more contention by the Respondent was that as they were a confidential clinical school and there was no monetary guide which was given from the public authority Karnataka or the focal government furthermore basically these confidential clinical universities used to cause 5 Lakh Rupees as use for MBBS course. Ultimately, they additionally battled that the confidential clinical universities have consistently observed the Guideline of regulation and submitted to every one of the regulations for the smooth working of the organization and were legitimate in charging the capitation expenses.

HELD

After hearing the contentions from both the gatherings the Apex Court held that however the Right to Education isn’t explicitly referenced as a Fundamental Right; Articles 38, 39(a), (f), 41, and 45 of the Indian Constitution, it is clarified that the of the constitution makes it required for the State to instruct its residents. Article 21 of the constitution peruses “No individual will be denied of his life or individual freedom besides as indicated by the technique laid out by regulation”. Under Article 21 of the constitution and a singular’s poise can’t be guaranteed except if he has a Privilege of Education and taught himself. Further, the Court thought about the Universal Declaration of Human Rights, by the United Nations and a few cases that held that the Right to Life envelops more than “life and appendage” including necessities of life, sustenance, haven, and education.

Charging immense expenses limits admittance to instruction to the lower layers of society and makes it accessible just to the more extravagant segment of individuals. Poor meriting up-and-comers can not get confirmation because of the failure to pay the endorsed charges and as a result, in instructive establishments, a resident’s “All in all correct to Education” gets denied. Further, permitting the charging of an exceptionally high capitation expense disregards Article 14 of the Constitution of India the Court noted. The main strategy for admission to clinical universities ought to be founded on merit alone. The court likewise said that the judgment cannot is applied reflectively and cases past this cant receive the reward of the judgment.

CONCLUSION

The Hon’ble Court displayed its choice of standards of social government assistance and value. 10 years and a half before ‘Right to Education’ was officially presented in the Constitution. The judgment is moderate and somewhat radical. The Court was constant in its understanding of what summed as a capitation expense and its relevance — or deficiency in that department. Its exhaustive assessment of Fundamental Rights interlinked with the Right to training was exemplary. The Court underscored the Right to rise to the opportunity being similarly essentially as vital as the Right to uniformity itself. An extreme assertion in the recently changed Indian setting, the idea that the Right to training moved from the Right to life honored the philosophies of the days of yore. The Court put import on merit as opposed to monetary capital, a demonstration that should have been visible as an obstruction against privatizing instruction.

This article is written by Arpita Kaushal, a student of UILS, PUSSGRC, HOSHIARPUR.

About the Firm

Based in the capital of India, RTA Law Chambers is a well-established law firm which provides legal services in Litigation, Advisory, Consultation, Arbitration, Agreement Drafting and retainer services. Having legal practice spanning across all courts in Delhi – NCR, They have been handling cases with a result-oriented approach, both professionally and ethically and further providing legal consultancy and advisory services. The firm is well equipped in dealing with clients through the expertise, intellect, experience and knowledge of the management.

The firm was set up with the mindset to serve the clients with better focus, to provide better legal advice which is viable for the clients along with proper legal representation.

Internship Description

RTA Law Chambers is looking to hire interns:

• Eligibility: (4th & 5th-year law students)
• Duration: One month (August 2022). 

How to Apply?

Interested applicants may send their updated CVs to advrtalchambers@gmail.com.

Disclaimer: All information posted by us on Lexpeeps is accurate to our knowledge. However, it is advised that you verify and confirm things on your end.

For regular updates, we can catchup at-

WhatsApp Group:

https://chat.whatsapp.com/G4bxdgRGHY8GRzOPSHrVwL

Telegram:

https://t.me/lexpeeps

LinkedIn:

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

About the Firm

Mind Legal, a full-service law firm is a perfect amalgamation of years of practical experience and deep-rooted theoretical and conceptual understanding. Based out of Delhi, the Firm has been founded by a group of highly trained, disciplined and enthusiastic young visionaries who combine their immense enthusiasm and global exposure to deliver expedient solutions to every single client. With invaluable insights into a very broad spectrum of industries, the firm is driven by the single-minded proposition of providing quality legal services and solutions to clients seeking legal assistance in areas like general corporate, project finance, mergers and acquisitions, joint ventures, taxations, banking, technology law, litigation and dispute resolution, regulatory and policy framework.

The Firm’s unwavering professionalism partnered with the ability to adapt and adopt is what allows it to consistently deliver excellence without failing. Having handled diverse litigations successfully in various courts, tribunals and forums, Mind Legal has in a short span of time become synonymous with trust and has established itself as a firm that delivers legally enforceable and commercially viable solutions.

About the Internship

1. Mode: Offline/in-office
2. Students who are in their 3rd, 4th and 5th year (5-year course), 2nd and 3rd year (3-year course) are eligible to apply.
3. Well-versed with civil law, criminal law, corporate law and other Indian laws.
4. Fluent in English and good research skills. 
5. Students based in Delhi-NCR will be given preference.

How to Apply?

Interested candidates may send their updated CVs to: info@mindlegal.in and shreya@mindlegal.in.

Disclaimer: All information posted by us on Lexpeeps is accurate to our knowledge. However, it is advised that you verify and confirm things on your end.

For regular updates, we can catchup at-

WhatsApp Group:

https://chat.whatsapp.com/G4bxdgRGHY8GRzOPSHrVwL

Telegram:

https://t.me/lexpeeps

LinkedIn:

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

About the Firm

Sapphire & Sage Law Offices is a boutique Indian law firm based in Delhi. The firm’s aim is to provide clear, concise and practical advice based on an in-depth knowledge of our domain expertise in niche sectors and general legal practices.

The Practice area spans the entire spectrum in an array of business sectors viz, Infrastructure and Energy, Real estate, Insolvency and Bankruptcy, Banking and Finance, Corporate and commercial, Media and Broadcasting, Telecommunication, Defence and Aviation to name a few. The law firm has been established with a vision to provide a platform for entities across the globe to find the best legal solution from the stage of incorporation to regular business practices by our domain experts who have super specialisation in their area of expertise, all under one roof.

About the Internship

Team S&S invites applications for a physical 2-month Internship Program with Sapphire and Sage Law Offices (Delhi Office) in the Litigation Department dealing in Civil and Criminal matters and General Corporate Department.

1. Responsibilities

• Research and Development
• Drafting
• Law Review
• Legal, Contractual, and Regulatory matters
• Paralegal Assistance

2. Perks: The Intern would be eligible for a stipend/engagement opportunity, if any, based on work performance only. Certificates will be awarded on completion of the internship.

3. Eligibility: Immediate joining of 4th or 5th-year law students.

How to Apply?

 Interested candidates can send their updated CVs to contact@sapphireandsage.in.

Disclaimer: All information posted by us on Lexpeeps is accurate to our knowledge. However, it is advised that you verify and confirm things on your end.

For regular updates, we can catchup at-

WhatsApp Group:

https://chat.whatsapp.com/G4bxdgRGHY8GRzOPSHrVwL

Telegram:

https://t.me/lexpeeps

LinkedIn:

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

About the Firm

Zentrum Law is a multi-service law firm, built on a culture of innovation and effective implementation of ideas, emphasising efficient, cost-effective and business-driven solutions. They are inventive, flexible, responsive to client needs and work with a passion to ‘go the extra mile’.

In line with their philosophy of providing unmatched quality of service while adopting cost-effective models, they support their clients at every stage of their journey, from setting up processes to implementing policies, and everything in between. With a view toward cost-efficiency, Zentrum Law adopts the latest technologies and lean output structures to help its clients avoid substantial legal expenses.

Zentrum Law is known for fostering lasting relationships with our clients, which we achieve by providing a high level of value and efficiency, with an unwavering focus on delivering tailored solutions to complex legal and regulatory challenges. With their vast experience in high-stake matters and our flexible approach, they are able to give their clients a competitive advantage, at every stage.

Internship Details

• No. of Position(s): 4
• Duration: 1-3 months (based on intern’s performance)
• Location: New Delhi
• Mode: Physical or Virtual
• Law students in their 3-5th year, who are available full-time, may apply.
• Interns will get to work directly with partners across diverse areas of law, such as M&A, fundraising, pre-litigation strategy, litigation, corporate advisory etc.
• Outstanding candidates may be offered an extension, a subsequent internship or a permanent position at the firm.

How to Apply?

Interested candidates may send their application, composed of their updated CV and a cover letter, to office@zentrumlaw.com by 31 July 2022.

Disclaimer: All information posted by us on Lexpeeps is accurate to our knowledge. However, it is advised that you verify and confirm things on your end.

For regular updates, we can catchup at-

WhatsApp Group:

https://chat.whatsapp.com/G4bxdgRGHY8GRzOPSHrVwL

Telegram:

https://t.me/lexpeeps

LinkedIn:

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

INTRODUCTION

A self-governing group of people associated with the same class, appear together voluntarily to tend to ordinary, social, economic, and cultural programs and conditions through an endeavor that is jointly owned and administered democratically by such individuals, known as a Credit Cooperative Society. It works for the motive of encouraging the economy, aligning credit at a competitive fare, and providing other financial amenities to its members. It reveals the willingness of the society to help each other for balancing social responsibility and mutual aid for the welfare of its members. The purpose of encouraging the economy and society is vital for its members.

Any person can be part of the Credit Cooperative Society

• A certificate from the bank is entailed to proclaim the credit balance in support of it.
• It ought to have a minimum of fifty members.
• It must have the promoter’s name and list.
• No demur certificate of the vigorous inquiry letter.
• The board members must have at least seven and a maximum of twenty-one.
• Particulars and copy of pre-registration of the conference are needed which involves capital, members, the board and the operation, etc.
• The endorsed name by the members of the Credit Cooperative Society.

WHO CAN APPLY

The enrolment of the individual is laid down in section 5 of the Cooperative Society Act which opinions that no individual be a single member of the enrolled society if he is below the age of 18 years, provided that the regulations of the society impose the minimum age to be the member of the society.

TYPES OF COOPERATIVE SOCIETY

• Producer Cooperative: It safeguards the affairs of small producers which covers farmers, landholders, or owners of the fishing operations, etc. To maximize the production capability and marketing possibilities. It aids in minimizing the costs and strains in per capita area with mutual profit to the producers.
• Consumer Cooperative: They are controlled by consumers of a specific area for their complimentary benefit. They try to furnish necessary commodities at rational prices rather than creating their profit.
• Credit Unions: Their main purpose is to assist people for which they give credit and financial amenities to the members at combative prices. Everyone has the privilege to be a member of the group.
• Marketing Cooperative Society: Their object is to assist the small producers in trading their products. The producers who want to obtain rational prices for their products are the members of this group. It hoards the production of the individual members. Numerous market functions are executed by society to trade the products with a rational price.
• Housing Cooperative Society: They assist the people who desire to build a house with a restricted income. Their goal is to resolve the housing issues of the members. They build the houses and offer the option to pay the installment to acquire the house.

THE COOPERATIVE SOCIETIES ACT, 1912

This Act includes ten chapters which comprise 50 sections that mostly discuss the liability of society to design the funds to be loaned to its members, and of which most of the members are agriculturists, and of which no member is an enrolled society shall be unbounded. Section 3 talks about the Registrar, the state government may nominate a person to be Registrar for the state or any portion of it and may specify persons to help such registrar.

Section 8 of the act gives the power which says that the query shall be decided by the Registrar, and whose decision shall be last. Section 48 talks about the assistance of the Indian Companies Act, 1882 shall not appeal to registered societies. No person other than a registered society shall commerce or bear on business under any label, tag, or title of which the word Cooperative is a bit without the authorization of the state government. The requirements and the process for the application of the registration are also defined under sections 7 and 8 of this Act.

RBI GUIDELINES

The Madhava Das Committee had proposed that there is a necessity to cease the practice of primary or initial credit societies beginning banking business without initial acquiring a license from the RBI. According to the amendment in the Act, these societies will have to obey the criterion stipulated by the RBI within 1 year of it being announced. The Banking Regulation Act, 1949 (AACS), Section 5 (CCII) of a cooperative credit society is explained as a cooperative society, “the principal object of which is to furnished financial abodes to its members and covers a cooperative land mortgage bank.” These types of establishments are thrift societies. The difference between a primary or initial credit society and a cooperative credit society is a source of their essence of business.

The initial aim or principal business of a primary credit society is the trade of banking business. When its contributed capital and reserves achieve the level of Rs.1 lakh, a primary credit society inevitably becomes a primary cooperative bank. However, even after a primary credit society set off a cooperative bank, it has to register with RBI for a license to bring on banking business. But it can bring on banking business until it is authorized a license or notified that a license cannot be authorized to it.

Sanjay Lodha And Ors vs Reserve Bank Of India And Ors on 5 December 2019

Bench: S.C. Dharmadhikari, R. I. Chagla September 24, 2019.

Apprehensive depositors tackling with bank employees at Maharashtra Co-operative Bank, Akruli branch of Punjab & to withdraw money in Mumbai. The Reserve Bank of India has assigned Mumbai-based Punjab and Maharashtra Cooperative Bank under measures for six months to the wind-up of business of the bank on September 23, 2019. The depositors will be granted to withdraw a sum not exceeding ₹ 1,000 of the total balance in each current bank account or savings account or any other deposit account, subject to conditions imposed in the RBI Directions.

Thomas, and two entrepreneurs in a fresh Rs 111 crore loan cheating case. Thomas has been in prison since October 2019 for his asserted role in relation to a previous Rs 4,355 crore loan fraud case. The recovery department of the bank had registered an FIR alleging fraud. All the accused have been charged under IPC sections 405, 408, and 409 for breach of trust, cheating (Section 419), and criminal conspiracy (Section 120 B). In the 2019 case, investigation officers said that 21,049 fabricated accounts were used to channel money and the accounts were password-protected and controlled by companions of Thomas.

THE BIGGEST BANK SCAMS IN INDIA

• Nirav Modi Bank Scam

Nirav Modi v State of Maharashtra on 18 October 2019;

Commissioner of Income Tax v Nirav Modi on 14 December 2016

Bench – S.S. Shinde

This scam is known as a substantial scam (Rs 11,400 crore) in the banking zone of India. The prime accused of the crime are billionaire jeweler Neerav Modi and Mehul Surakshi (his uncle and the owner of Gitanjali James). Both of them had been presented with the “Letter of Undertaking” from the agreement of the employees of PNB’s Mumbai branch and withdrawn the funds from the foreign banks on the assurance of Punjab National Bank. However, the Enforcement Directorate has seized holdings of Neerav worth approx. Rs 5870 crore.

• Bank Scam by Vijay Mallya

Dr. Vijay Mallya v Union of India on 3 December 2018.

Bench – A.A. Sayed.

Mallya’s Kingfisher Airlines had loaned ₹ 9,432 crores from 13 banks before February 2018. The State Bank of India was the biggest moneylender with ₹1600 crore accompanied by the PNB ₹800 crores, IDBI ₹650 crores, and the Bank of Baroda loaned ₹ 550 crores. Mallya skedaddled India on March 2, 2016, and was held up in London and the government of India is struggling for his extradition to date.

CONCLUSION

Cooperative banks play a vital role in the execution of evolution programs and are important for the productive functioning of the banking system in India. India is labeled as an underbanked country, and after so many scandals and scams, it is the need of the hour to take essential measures to remedy the deficiency and to raise the confidence and beliefs of the public in the banking system.

This article is written by Ashmita Dhumas, who has completed her BA LLB from Agra College and is doing a diploma in Corporate Law from Enhelion.

About Divyank Tyagi

Divyank Tyagi is a Practising Advocate at the Hon’ble Supreme Court of India, High Court of Delhi and various district courts in Delhi. An Ambitious, Passionate, Enthusiastic and confident individual, brought up in a multi-ethnic and multicultural environment who had attained legal education from leading institutions with an LL.M degree from National Law School.

Having studied in a dynamic environment and having exposure to working under Legal Stalwarts, he is well versed in legal structures with excellent networking skills and lucrative networks in all fields of law. Due to law-related work experience, and opportunities gained over the years, he has been able to assimilate key skills in the past years. He has managed to define his strengths, growing a strong interest in the legal and financial sectors. Despite his great mindset for business matters, he never forgets to add some creativity and individualism to everything he does.

About the Internship

•  Eligibility: 4th & 5th Year Students of 5-year course / 3rd Year Students of the 3-year course.

• Mode: Virtual/Online

Intern responsibilities will include:-

• Drafting & Vetting of Pleadings, Preparing case briefs.
• Legal Research & Due Diligence
• Legal Compliances with Clients & Companies.
• Carry your own laptops.
• Allowed to work in Independent Environment.

Skills and Experience

1. Good communication skills in English
2. Active listening skills
3. Strong convincing skills
4. Client handling skills
5. Ability to handle stress and rejection in soliciting clients
6. Strong time management, prioritization

How to Apply?

Interested candidates can share their updated CVs to divyanktyagi03@gmail.com.

Disclaimer: All information posted by us on Lexpeeps is accurate to our knowledge. However, it is advised that you verify and confirm things on your end.

For regular updates, we can catchup at-

WhatsApp Group:

https://chat.whatsapp.com/G4bxdgRGHY8GRzOPSHrVwL

Telegram:

https://t.me/lexpeeps

LinkedIn:

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