Tag: writpetition

National Writ Petition Drafting Competition: Christ University

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About CLSOC

The Constitutional Law Studies and Orientation Committee (CLSOC), is  devoted towards enduring the legacy of organizing activities that entail exploring realms of  Constitutional law and engaging in discussions on contemporary issues of Constitutional importance. The CLSOC looks forward to stay dedicated and emerge victorious in its aims by organizing various discussion forums, competitions, quizzes, guest lectures and seminars. The committee is set to celebrate the National Constitution Day, 2021 by engaging Guest Lectures and Competitions open for participation to students of Law from all over the country.

Concept Note on writ petition drafting

The Constitutional Law Studies and Orientation Committee, in the celebration of National Constitution Day, 2021, introduces the 1st National Writ Petition Drafting Competition. The competition aims at spreading awareness among students of law regarding the effective use of Constitutional tools for securing human and living rights particularly through the drafting of Writ Petition. It aims at enhancing the legal skills amongst students by simulating a real life case requiring participants to analyse and formulate a true-to-life draft of an appropriate Writ Petition.

Eligibility

  1. All participants must be students of LL.B. / B.L. and may be either from three years or five years course.
  2. Participants may take part either individually or in groups of two per entry, i.e. each entry may consist of either 1 or 2 participants.

Rules and regulations

  • There shall be no entry fees for the competition.
  • The Proposition seeks to simulate a real life situation of a client submitting her case to her counsel along with supporting documents seeking to file an appropriate Writ at the appropriate Court of Law within India.
  • The participants are to rely on the various annexures given in the Proposition to discern the crux of the facts and legal issues involved.
  • The Participants are to refer to the Model Writ attached herewith as Attachment 1 to draft the following five parts of a Writ Petition, namely: Affidavit along with Grounds for issuing appropriate writ

(Containing the submissions of the facts of the case, applicable case laws, prayer, grounds for seeking writ and prayer for appropriate writ, all in the form of an oath/deposition given by the Petitioner)

  • Memorandum of Writ Petition

(Containing Address for Service of Petitioner and Respondents along with the prayer seeking appropriate Writ)

  • Index To Types Set of Papers

(Containing in chronological order the list of documents relevant to the case including Certificates Issued, Bonds Signed, Regd. Notices Served, Acknowledgement Receipt of the served Regd. Notices)

  • List of Dates and Events

(Containing the list of relevant dates and events in chronological order as mentioned in the affidavit)

  • Synopsis

(Containing the summary/crux of the matter in a concise manner).

  • Submissions missing any of the above mentioned parts shall not be considered for evaluation.
  • While following the Model Writ attached herewith as Attachment 1, the spaces and blanks left unfilled in the same shall be left unfilled in the final submission as well. For Example: The “Page Nos.” column under the Index to Typed Set of Papers shall be left empty in the final submission.
  • Model Writ (Attachment 1) in Word Format (.Docx) shall be found in the following Drive Link –   CLICK HERE.
  • Participants seeking to partake in the competition shall first register themselves before 30.11.2021, 11.59 PM using the following Registration Link – CLICK HERE.
  • The final submissions are to be made on or before 30.11.2021, 11.59 PM using the following Submission Link –  CLICK HERE.
  • Submissions made after 30.11.2021, 11.59 PM, shall not be considered for evaluation.

Judgement criteria:

The submissions would be judged based on the following parameters:

  1. Clarity of the subject matter of the petition in relation the facts as elucidated in the proposition.
  2. Application of the appropriate precedents in support of the petition.
  3. Appropriateness of the Type of Writ sought in the prayer.
  4. Merits, eloquence and conciseness of the overall draft.
  1. Accuracy of formatting of the submission in relation to the Model Writ attached herewith as Attachment 1.

Declaration of winners:

The Winner and Runner Up i.e. the Top Two submissions shall be declared on 03.12.2021 in the Event URL as listed below and via their respective emails.

Perks: 

  1. All the participants shall be awarded Participation Certificates via email. 
  2. The Top Two submissions shall each be awarded a Certificates of Excellence and a Cash Prize. 
  3. The Top Two submissions shall be published in the following Event URL: CLICK HERE

For more information

https://sites.google.com/law.christuniversity.in/clsoc

Time Line

Launch of the Competition 20th November 2021
Last Date to make Submission 30th November 2021
Felicitation of Winners 3rd December 2021

Contact Details

 Mail to: constitution.committee@law.christuniversity.in

WhatsApp Group:

https://chat.whatsapp.com/GRdQLsHRwmB7QVRmS3WK

Telegram:

https://t.me/lexpeeps

LinkedIn:

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

Writ Petition Filed to Declare Order Passed by the Province State Pollution Control Board Illegal and Arbitrary Disposed of

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With the consent of Sri Y Srinivasa Murthy, learned counsel for the petitioner, Sri N Harinath, learned Assistant Solicitor General appearing for the 1st respondent and Sri V.Surender Reddy, learned counsel appearing for respondents 2 to 5, this writ petition is being disposed of at the stage of admission.

Petitioner’s Contention

The petitioner contended that he was incorporated within the year 2010 and was carrying on business in the manufacturing of bulk drugs. The 3rd respondent granted consent for establishment order dated 24.04.2010 according to the petitioner dated 19.06.2009. Thereafter consent for the operation was accorded on 23.12.2020 and since then, he was manufacturing various lifesaving drugs in bulk. The validity of the consent for the operation was valid till 31.06. 2021. On 11.05.2021 because of the opening of a security valve of a reactor, four persons at the positioning got injured and three of them succumbed. The petitioner then submitted a   compliance report including a letter on 20.05.2021 to the Pollution Control Board; according to the incident, a joint inspection team had been constituted and it submitted a report dated 21.05.2021. On 26.05.2021, the 3rd respondent without a show-cause notice issued impugned order of Stop Production instructing the petitioner to prevent production; there were several batches of an important lifesaving drug which were within the manufacturing process and also the same can’t be stopped all of a sudden without bringing them into a secure stop mode, which can take time. Hence, the petitioner made a representation to the 3rd respondent to reconsider their decision. Learned counsel for the petitioner submitted that the necessities suggested by the Pollution control panel are complied with by the petitioner and compliance report is additionally submitted which the Board can inspect the premises of the petitioner at any time to test the compliance of the identical.

Key Highlights

  • This writ petition filed “to declare the impugned order of stop production passed by the Andhra Pradesh State Pollution Control Board vide Order No.71/APPCB/UH-II/TF/NLR/2021 dated 26.05.2021 (received by the petitioner on 27.05.2021), as illegal and arbitrary.”
  • Petitioner was incorporated in the year 2010 and was carrying out the business of manufacturing bulk drugs. Due to the opening of a safety valve, four people got injured.
  • The respondent without a show-cause notice issued an order to stop production.
  • Learned counsel for the petitioner submitted that all the requirements suggested by the Pollution Control Board had been compiled.
  • The Andhra Pradesh High Court ordered that the petitioner is permitted to carry out production for two weeks and the respondent can inspect to ensure compliance with all requirements.
  • The Writ Petition is accordingly disposed of.

Respondent’s Contention

Sri V Surender Reddy learned standing counsel for the 3rd respondent submitted that the petitioner had submitted a representation on 27.05.2021 requesting fortnight time to prevent production which the said letter isn’t filed by the petitioner together with the writ petition. Learned counsel for the petitioner then made missive of invitation to continue the operation of production for 2 weeks and within the meanwhile, the authorities of the board may come and inspect the premises and also denote the lapses and also the same would be attended by the petitioner within no time and also the learned standing counsel consented for the said request.

Court Order

The Andhra Pradesh High Court stated that, “In view of the facts and circumstances of the case, with the consent of both the counsel, the stop order dated 26.05.2021 is ready aside and also the petitioner is permitted to hold on production for a period time from the date of receipt of a replica of this order. Meanwhile, the 3rd respondent is at liberty to conduct inspection of the petitioner to make sure compliance of all requirements and after inspection, the 3rd respondent is at liberty to require appropriate action in accordance with law. It’s needless to state that before inspection, the 3rd respondent is directed to issue notice to the petitioner with relevancy the date of inspection. The writ petition is, accordingly, disposed of. No order on costs. Miscellaneous petitions, if any, pending within the writ petition shall stand closed.”

-Report by Sana Sheikh