Wednesday, July 31, 2019

Muslim Women (Protection of Rights on Marriage) Bill 2019, Important Points You Need To Know


Rajya Sabha on Tuesday passed the Muslim Women (Protection of Rights on Marriage) Bill 2019, commonly known as Triple Talaq Bill.The bill makes instant Triple talaq a criminal offence and provides for a jail term to a Muslim man for the crime.

The Rajya Sabha passed the bill by 99 votes in favour and 84 against it.The non-participation in the voting of the opposition made it easier for the government to pass the bill. Earlier, the opposition's proposal to send the bill to the Select Committee fell by 84 votes against 99.

Now after the President signature on the bill, this law will replace the Ordinance issued on February 21. Bill provides protection to Muslim women for instant triple talaq and the accused may suffer both imprisonment up to 3 years and fine.

The Modi government had a great success in the Rajya Sabha when it was able to immediately pass a bill that criminalised triple talaq. The government had passed the bill twice in the Lok Sabha after the Supreme Court declared it unconstitutional, but it had to bring an ordinance three times as it was not passed in the Rajya Sabha.

Despite not having a clear majority in the House, the way the government managed to test the figures in the Rajya Sabha on Tuesday can be termed as a strategic victory for the Modi government. This victory can pave the way for many major changes in the future.

History of triple talaq bill 


  • In August 2017, the Supreme Court declared the triple talaq as unconstitutional and against the basic principles of the Quran.
  • In December 2017, the Lok Sabha passed the Muslim Women (Protection of Rights on Marriage) Bill, but stuck in the Rajya Sabha. 
  • On September 19, 2018, the Modi government brought an bill for the first time to restrict triple talaq. 
  • For the second time on January 12, 2019, then on 21 February the bill was released for the third time.

Key points 


  • The law has been named Muslim Women (Protection of Rights on Marriage) Bill, 2019.
  • Giving instant Triple talaq to the wife would be a crime either oral, written or through any other means.
  • wife, matrimonial home, in-laws and other close relatives can file a case in this regard. 
  • It is a cognizable offence, so the police can arrest the accused husband even without a warrant.
  • The husband can face both imprisonment up to 3 years and fine.
  • The accused may approach a Magistrate for bail. 
  • However, the magistrate will not be able to grant bail without hearing the victim side in the case. 
  • The magistrate will be able to reach an compromise only on the request of the aggrieved woman.
  • Victim entitled to seek subsistence allowance from her husband.
  • Amount to be determined by the magistrate hearing the case.
  • Victim entitled to seek custody of her minor children.
  • The manner of custody to be determined by the magistrate. 


Saturday, July 27, 2019

POCSO (Amendment) Bill 2019, Supreme Court orders to set up special courts for child abuse cases

What is POCSO (Amendment) Bill, 2019

The Ministry of Women and Child Development has amended the Protection of Children from Sexual Offences (AmendmentBill2019 to provide stringent punishment to those who sexually abuse children. The guilty have provision of 20 years to life imprisonment and up to the death penalty. The court will have to decide. The law has been made gender neutral so as to protect not only girls but also children from sexual harassment.

Key Points

  • Minimum punishment for 'penetrative sexual assault' increased from 7 years to 10 years.
  • If a person penetrative sexual assault a child below the age of 16, he or she will be imprisoned for more than 20 years, with fines.
  • Minimum punishment for 'aggravated penetrative sexual assault' increased from ten years to 20 years. Maximum punishment for the same is the death penalty. 
  • Imprisonment up to 5 years and a fine for those using a child for pornographic purposes.
  • Imprisonment up to seven years and fine in the event of a subsequent conviction.


Supreme Court orders to set up special courts for child abuse cases 

The Supreme Court directed the Centre Government to set up a Special POCSO Court within 60 days in a district where more than 100 cases are pending under the Child Rape and POCSO Act. The Supreme Court has ordered to speed up the process of hearings and verdicts in child rape cases.

Chief Justice Ranjan Gogoi Bench said that to complete the investigation process, the Forensic Lab will be made in every district.

During hearing, the court commented, "The collection of data on rape of children across the country and the implementation of the POCSO Act will be delayed. Until then, the investigation of the cases should be expedited.

Describing the rising crime against children as alarming, the Supreme Court had asked the court advisor V. Giri to submit a report.

Advisor suggested to the court

  • Sex education should be included in the school course. So that the children can know if something is happening wrong with them.
  • The Service of child helpline should available in every school and public place.
  • There should be one or two staff at the school to educate children, so that they can telling to the wrong things that happened to themselves.
  • If the child makes a complaint at school, the parents should be informed immediately and filed FIR. Then the Child Welfare Committee and the Special Court should informed.
  • The victim should be given medical care immediately. Mental and psychological support should be provided.Forensic labs should be set up in all the districts to check samples.
  • Special Juvenile Police Units should formed in every district. People in the unit should be sensitized so that the case can be investigated properly.
  • In the POCSO case, when the court takes cognisance, the child must testify within 30 days. Trial should be completed in a year.
  • It is important for witnesses to have a witness room, which is near by the Special Court. At the time of the statement, it should be ensured that the accused does not come in front of the child.



Thursday, July 25, 2019

Legal Counselor Vacancy @ Delhi Commission For Women


Delhi Commission for Women (DCW) invites applications for the posts of Legal Counselor.

Title of the Job 
Legal Counselor

Total Vacancies 
8(Eight)

Job Description

  • To peruse complaints received in the Commission & assess each case for further course of action. Assist Member's of the Commission. 
  • Give legal advice / counseling to the parties / complainants to the cases. 
  • Other duties in accordance to the position & skills assigned from time to time.

Salary
Minimum of pay + DA at the rates applicable in Level-7 of the Pay Matrix.

Qualifications

  • Bachelors degree required (Masters preferred) from a reputed university in the field of law & registration in Bar Council.
  • Minimum 4(Four) years of experience in related field (requirement will be relaxed under exceptional circumstances).
  • Candidate must have knowledge of computer including retrieval of desired Information from various search engines/processes such as Manupatra, Lexis Nexis, SSC Online, Westlaw etc and proficiency with Microsoft office suite.
  • Strong leadership skills & demonstrated capability of handling crisis situations; Willingness to undertake fieldwork and Ability to work in a fast paced environment.


How to apply?
Applications in the prescribed format accompanied by complete curriculum vitae /Resume and other documents should reach this office on or before 31/07/2019 by 4.00 p.m.

Note
The decision of Commission with regard to the rejection or acceptance of the application shall be final.

For Application Form / Official Notification, Click here 

Wednesday, July 24, 2019

Motor Vehicles (Amendment) Bill 2019, Key Points You Need To Know


The Lok Sabha has approved the Motor Vehicles (Amendment) Bill 2019 on Tuesday. In it, very strict provisions have been made regarding Road Safety.

In all cases, a slight mistake will also result in heavy fines during driving. Whether it's a case of overspeed while driving, without a helmet, without a belt or drunk driving, the penalty is ready to go up by multiples.In some cases, there is a provision for punishment.

In some cases, the government has made a provision for cancellation of driving licences and even cancellation of vehicle registration certificate. If there is any crime or accident on the road during the driving of a teen, the car owner or guardian will be held guilty. The registration of that vehicle will also be canceled.

After the Lok Sabha, the bill will now go to the Rajya Sabha. After passing the Rajya Sabha, the President approval will be required. After that, it will take shape of the law in the country.

The House rejected the amendments of the opposition. Replying to a discussion on the bill in the lower house, Road Transport Minister Nitin Gadkari made it clear that the government has no intention of interfering in the right of states through the Motor Vehicles (Amendment) Bill.

The implementation of its provisions is at the discretion of the States. The Centre seeks to cooperate with states, change the transport system and reduce accidents.

List of proposed changes:

Offence - General Challan
Section - 177
Old Penalty - Rs 100
New Penalty(Minimum) - Rs 500

Offence - Driving without licence
Section - 181
Old Penalty - Rs 500
New Penalty(Minimum) - Rs 5000

Offence - Driving without qualification
Section - 182
Old Penalty - Rs 500
New Penalty(Minimum) - Rs 10000

Offence - Over speeding
Section - 183
Old Penalty - Rs 400
New Penalty(Minimum) - Rs 1000 for LMV, Rs 2000 for Medium Passenger Vehicle

Offence - Dangerous driving penalty
Section - 184
Old Penalty - Rs 1000
New Penalty(Minimum) - Upto Rs 5000

Offence - Drunken driving
Section - 185
Old Penalty - Rs 2000
New Penalty(Minimum) - Rs 10,000

Offence - Seat belt
Section - 194 B
Old Penalty - Rs 100
New Penalty(Minimum) - Rs 1000

Offence - Overloading of two wheelers
Section - 194 C
Old Penalty - Rs 100
New Penalty(Minimum) - Rs 2000, Disqualification for 3 months for licence

Offence - Without Helmets
Section - 194 D
Old Penalty - Rs 100
New Penalty(Minimum) - Rs 1000 Disqualification for 3 months for licence

Offence - Not providing way for emergency vehicles
Section - 194 E
Old Penalty - 00 (New)
New Penalty(Minimum) - Rs 10,000

Offence - Driving Without Insurance
Section - 196
Old Penalty - Rs 1000
New Penalty(Minimum) - Rs 2000

Bill seeks to introduce a Motor Vehicle Accident Fund under Section 164B, which will provide mandatory insurance cover to road users in India.


Tuesday, July 23, 2019

Right to Information (Amendment) Bill 2019, Key Points of this Amendment Bill


The Lok Sabha passed the Right to Information (Amendment) Bill 2019 on Monday. The RTI amendment bill was voted in the House with 218 votes in favour and 79 against.

It will empower the Central Government to decide the tenure and salary of the Chief Information Commissioner and information commissioners.

During the discussion in the house the opposition alleged that the bill has now been undermined While on behalf of the government said things of undermine RTI and its autonomy are baseless.

Union Minister of State, Jitendra Singh said that through this amendment, we will institutionalize the functioning of the Information Commissions and remove the discrepancies.

Key points

  • Major change in the Bill is two Sections 13 and 16. Section 13 earlier provided that the tenure of the Chief Information Commissioner and information commissioners was 5 years (or 65 years, whichever is earlier). The revised bill says that the term of office will be decided by the central government.
  • Earlier, the system was that the salary, allowances and other service conditions of the Chief Information Commissioner and Information Commissioners would be equal to that of the Chief Election Commissioner and the Election Commissioners. The Centre government in the amendment will decide these things.




Saturday, July 20, 2019

Associate Professor (Law) Vacancy At University Of Delhi


Online applications are invited in the prescribed Application Form from eligible or qualified candidates for appointment to the post of Associate Professor(Law).

Total Vacancies 
94 (Ninety Four)

Salary
Academic Salary or Pay Level 13A of 7th Central Pay Commission Pay Matrix.

Qualification

  • Good academic record with a doctor of philosophy(Ph.D) Degree in the concerned/allied/relevant disciplines. 
  • A master’s degree with at least 55 percent marks (or an equivalent grade in a point-scale, wherever the grading system is followed). 
  • A minimum number of 8 (Eight) years of experience of teaching and/or research in an academic or research position equivalent to that of Assistant Professor in a University, College or accredited research Institution/Industry with a minimum of 7 publications in the peer-reviewed or UGC listed journals. A total research score of seventy five as per the criteria given in the Screening Guidelines for this post annexed to this advertisement.

Kindly refer to General Note, here

How to apply? 
Online Application, Click here 

Last date for receipt of application is 04/08/2019 or 2(two) weeks from the date of publication of the advertisement in the Employment News, whichever is later is applicable.

For official notification, click here 

For advertisement, click here 



Friday, July 19, 2019

Important Women Rights and Safeguards in the Constitution of India


After independence many provisions have been introduced to improve the social status of women and give them such a platform where they can use their potential for their betterment and can contribute positively to the development of their country.

Indian constitution not only provide equality to women but also empowers the State to adopt  positive approach in favour of women for neutralizing the cumulative socio economic, education and political disadvantages faced by them.

Indian Women are the victim of this evil caste system.They have been moved caste from one generation to another generation. While drafting the Constitution of India, Dr. B.R Ambedkar was the prime mover of the welfare of women.

Rights and safeguards contained in the Constitution for women in India are listed below - 

▪️ Article 14
Equality before law or equal protection within the territory of India for women.

▪️ Article 15 

  • State not to discriminate against any citizen of India on grounds only of religion, race, caste, sex, place of birth. 
  • State free to make any special provision in favour of women and children. 


▪️ Article 16
Equality of opportunity for all citizens in matters relating to employment or appointments to any office under the State.

▪️ Article 23
Traffic in human beings, begar and other similar forms of forced labour are prohibited.

▪️ Article 39

  • State to direct its policy in the direction of securing for men and women equally the right to an adequate means of livelihood.
  • Equal pay for equal work for both men & women. 
  • To promote justice, on a basis of equal opportunity and to provide free legal aid by suitable legislation or scheme or in any other way to ensure that opportunities for securing justice are not denied to any citizen of India by reason of economic or other disabilities. 


▪️ Article 42
State make provision for securing just & humane conditions of work and for maternity relief.

▪️ Article 46
State to promote with special care or protection the educational and economic interests of the weaker sections of people and to protect them from social injustice and all forms of exploitation or misuse.

▪️ Article 47
State to increase the level of nutrition and the standard of living of its people.

▪️ Article 51
To promote harmony and the spirit of common brotherhood amongst all the people of India (transcending religious, linguistic and regional or sectional diversities) and to renounce practices derogatory to the dignity of women.

▪️ Article 243

  • Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Tribes and the Scheduled Castes ) of the total number of seats to be filled by direct election in every Panchayat shall reserved for women and such seats may be allotted by rotation to different constituencies in a Panchayat. 
  • Provided that Not less than one- third of the total number of office of Chairpersons in the Panchayats at each level to be reserved for women. 
  • Not less than one third (including the number of seats reserved for women belonging to the Scheduled Tribes and the Scheduled Castes) of the total number of seats to be filled by direct election in every Municipality to be reserved for women & such seats may be allotted by rotation to different constituencies in a Municipality. 
  • Offices of Chairperson in the Municipalities reserved for the Scheduled Castes, the Scheduled Tribes and women in such manner as the legislature of a State may by law provide.



Thursday, July 18, 2019

Judge Advocate General Entry Scheme (JAG 24) Recruitment @ Indian Army


Applications are invited from UNMARRIED male and female LAW GRADUATES for grant of Short Service Commission in the Indian Army for Judge Advocate General Branch.

Title of the job
Judge Advocate General

Total Vacancies
▪️Men - 05
▪️Women - 03.

Age Limit 
21-27 Years

Qualification
Minimum 55% aggregate marks in LLB Degree (3 years professional after graduation or 5 years after 10+2 examination).

The candidates should be eligible for registration as an advocate with Bar Council of India/State. Candidate should be from a College/University recognized by BCI.


How to apply? 
Applications will only be accepted online on www.joinindianarmy.nic.in. No offline applications will be accepted.

Online application will open on 16 July 2019 at 1200 hrs and will close on 14 August 2019 at 1200 hrs.

Note 
Candidates are advised to read the official notification carefully and then fill up online application form to avoid mistake,and thereby rejection of application.

For Official Notification, Click here 

Kulbhushan Jadhav Case, How India Achieved Great Success In International Court Of Justice


Kulbhushan Jadhav is a former officer of the Indian Navy. After retiring from the Navy, Kulbhushan Jadhav started his business in Iran. Pakistan says that on March 29, 2016, he arrested Jadhav from Balochistan, while India says that Kulbhushan was arrested from Iran.

India Arguments In International Court Of Justice 

  • During the arrest and punishment of Jadhav, Pakistan breach the international law and the Vienna convention. 
  • With the cancellation of Pakistan military court decision, Jadhav death sentence should be stopped.
  • Rejecting Jadhav confession, his case should be re-entered in the civilian court. 
  • Jadhav should be given legal aid, diplomatic access and India should be allowed to have its own legal stand.

Pakistan Arguments In International Court Of Justice 

  • India claims should be termed as baseless. India claim that our military court does not have qualified judges and officers.Our judiciary is independent. 
  • India has sought relief from the ICJ which is not within the purview of the ICJ. 
  • Jadhav has been given full legal advice or aid in Pakistan.
  • We have strong evidence against Jadhav. There is also a video of his confession.
  • Pakistan did not give Jadhav consular access because of his involvement with the spying.

ICJ Judgment

On the issue of kulbhushan jadhav, who is facing the death sentence in Pakistan on the allegations of spying, India has achieved great success in the international court.The court has agreed with India plea and directed Pakistan to think effectively again on the death sentence awarded to Jadhav and to give consular access.

The International Court of Justice ruled with a majority of 15 -1 and said that despite repeated appeals Pakistan did not allow Jadhav to consular access and also did not give lawyer, which is a violation of the rights of India under the Vienna convention. In 15 judges, only the Pakistani judge opposed. China judge is also in favor of India.

International Court President Abdulqawi Ahmed Yusuf said that Pakistan had given the information of Jadhav arrest three weeks later, which is wrong. There was no fair trial of Jadhav's case in Pakistan. Pakistan failed to prove that due to which so-called action in India, it failed to fulfill its obligation.

Pakistan violated these international laws

  • In the case of Jadhav arrest, detention and prosecution, Pakistan violated the Vienna Convention on Consular Relations,1963 because Pakistan had said directly that Indian officials will not be allowed to meet Kulbhushan.
  • Pakistan did not immediately inform Indian officials after arresting Jadhav. Rather reported 3 weeks later.
  • Pakistan has violated Article 36 (1) (b) of the Vienna Convention because Pakistan did not give Jadhav legal adviser and lawyer to fight the case.
  • Breaking the rules of the International Covenant on Civil and Political Rights. Right to make an effective argument against criminal charges was taken away from Kulbhushan Jadhav. 

Is a country forced to obey the decision of the international court? 

The answer is that in the case of Jadhav, theoretically Pakistan will be compelled to accept ICJ decision. Because India  appeal has been given on the basis of the Vienna Convention. The treaty has been signed by Pakistan. Or say, countries that have signed the treaty are obligated to abide by the ICJ decision.

But there are instances where countries did not accept the ICJ  decision. Once the US Court convicted 51 Mexican citizens for their conviction. Mexico reached the ICJ. In 2004, the ICJ ruled against the US , but the US did not accept the ruling and said that no one can sideline our national laws.

So, it can be said that the country is not compelled to accept the ICJ decision. If a country refuses to accept the decision, then the role of the UN Security Council becomes crucial. Then there's voting in case.

Download Judgment, Click here

Monday, July 15, 2019

National Seminar on Legal Metrology Act/Rules & Legal Metrology Awards 2019 @ Mumbai


Legal Fundda Infotrain & Mission Knowledge Presents"National Seminar on Legal Metrology Act, 2009 & Packaged Commodities Rules, 2011 &"Legal Metrology Awards - 2019".

Date - 1st August 2019

Venue -  Hotel Holiday Inn, Sakinaka, Andheri, Mumbai

Subjects

LM Act - Standard Weights or Measure, Basic Units, Prohibition of Quotation, Structure of LM Dept. Power of Inspector & Forfeiture, Declarations on Pre-package Commodities. Advertisement, Verification & Stamping, Offence & Penalties, Compounding, Nomination, Appeal, Court Order.
                          
LMPC Rules - Provisions for Packages, Exemptions, Package Commodities, Retail/Wholesale Pack, Standard Pack, Mandatory Declarations on Retail/Wholesale Pack, Area of Principal Display Panel, Height & Width of Numerals & Letters, Declarations Where to Appear & Manner, Statement of Unit of Weight, Measure or Number, Permissible Error, Deceptive Pack, Registration of Manufacturer, Packer & Importer, Registration of Shorter Address, Fine, Power To Relax, E-commerce, Web-Portal, TV & Paper Advertisement, Etc.

List of various compliances under LM Act/Rules to be checked quarterly.

Special Session for question and answers, participants may bring their actual products for clarification of doubts.

Acts/Rules/Regulations/Case Laws

• Legal Metrology Act, 2009.
• Legal Metrology (Package Commodities) Rules, 2011.
• Legal Metrology (Packaged Commodities) Amendment Rules, 2017.
• Judgements of High Court and Supreme Court of India.

Expert Speakers

1) Mr. B. K. Zaware, Ex-Asst. Controller of Legal Metrology, Govt. of Maharashtra, Mumbai.

2) Mr. Kirti Parekh, Advocate, High Court, Mumbai.

3) Mr. Subhash Shete, AGM - Legal, Valvoline Cummins Pvt. Ltd. Mumbai.[Ex-Walmart, Cadbury/Mondelez, Hindustan Unilever, Parle Agro, & Jetking]

After attending this seminar, you will be able to 

• Know all about LM Act / LMPC Rules and statutory compliance required to be followed.
•Understand all the mandatory requirements for labelling of various Packaged Commodities, Print Advertisement, TVC, & E-commerce portal.
• Identify non-compliance and rectify it.
• Defend any false allegation regarding misleading and non-conformance.

 “Legal Metrology Awards – 2019”

If you have done some remarkable work in the field of legal metrology, such as execution of changes on label w.e.f. 1st Jan-2018 and many such small or big initiatives to get compliance done and keep your organization protected and 100% compliant, etc. you must deserve a recognition for your remarkable work and also let others know about all such initiatives so that same can be replicated to achieve 100% compliance. Kindly share below details with us:

“Award Nomination Form”

1. Name:______________________
2. Qualification:________________
3 Company/Law Firm Name:__________
4. Designation:_____________________
5. Remarkable work in the field of legal metrology:____(In only 1000 words)__________
6. Other work: ___________(In only 500 words)_______________
7. Previous awards & recognition (if any)_________________________

Seminar Registration Fees is Rs.8,000/- only (Including food, study materials & participation certificate).

Award Nomination Fees is Rs.25,000/- only (Including seminar registration for a person, food, study materials & participation certificate).

For Online Booking, Click Here

For Bank Transfer

A/c Name - Legal Fundda Infotrain
Current A/c No -37930702996
IFSC Code No -SBIN0008239
Bank/Branch - State Bank of India, Surendra Nagar.

Contact Us 
For Registration, Nomination or Group Discount write to us on legalfundda@gmail.com or missionknowledgeindia@gmail.com OR call on 08459717897, 07977529006


Law_prudentia Is The Media Partner Of This Event. 

Friday, July 12, 2019

Supreme Court Landmark Verdict On Article 21 Of Constitution In Maneka Gandhi Case


In Maneka Gandhi v/s Union of India case, the Supreme Court widened the scope of Article 21 of Constitution Of India. Maneka Gandhi case is not only a milestone for the interpretation of Article 21, but also given a completely new approach to see Chapter III of the Constitution.

Before Maneka Gandhi decision, Article 21 guaranteed the right to life and personal liberty only against arbitrary action of executive and not from the legislative action.

In this case, Maneka Gandhi was issued a passport by passport authority under the Passport Act, 1967 on 1/06/1976. But on 2/07/1977, Maneka Gandhi received the letter from the regional passport office, New Delhi. In letter, passport authority stated that Maneka gandhi submit her passport to the passport authority within 7 day from the receipt of the letter.

Maneka Gandhi immediately wrote a letter to the regional passport officer and seeking reasons for impounding her passport. In response of her letter, Ministry of External Affairs replied that decision was taken by government of India to impound her passport in the interest of general public and also ordered to passport authority to not render him reasons.

Later, Maneka Gandhi filed a writ petition under Article 32 of constitution in the supreme court challenging the order of the government of India as violating her fundamental rights guaranteed under Article 21 of the Constitution of India.

Judgment Of The Case 

The seven judges bench of Supreme Court was held that Section 10(3)(c) of the passport act, 1967 was undefined and vague. It violates Article 14, 19 and 21 of the constitution of India because it doesn't confer any opportunity to the petitioner of being heared and the procedure which have established by the passport authority is worst one. It's also against the against Articles 19(1)(a) and 19(1)(g) because restrictions can be imposed on this fundamental rights but not under Article 19(2) and 19(6).

It was finally held by the court that the right to travel & go outside the country is included in the right of personal liberty which is guaranteed under Article 21. The court ruled that the mere existence of a competent law was not enough to control personal liberty. The law must also be "just, fair and reasonable".

Download Judgement 

Wednesday, July 10, 2019

Teaching Posts @ National University of Study and Research in Law, Ranchi


National University of Study and Research in Law(NUSRL), Ranchi invites applications from suitable candidates in the discipline of law as Faculty in the University.

Title of the job 

Professor (Law)
Associate Professor (Law)
Assistant Professor (Law)

Total Vacancies 

Professor - 02 (Two)
Associate Professor - 02 (Two)
Assistant Professor - 02 (Two)

Pay Scale

  • Professor - 37400-67000 AGP 10000
  • Associate Professor (Law) - 37400-67000 AGP 9000
  • Assistant Professor (Law) - 15600-39100 AGP 6000


Qualification

Qualification and experience as per UGC norms

How to apply

Duly filled in application form along with Demand Draft of Rs.1,000/- (application fee) drawn in favour of “Registrar, NUSRL Ranchi” payable at Ranchi and with the relevant supporting documents duly self-attested should be sent so as to reach The Registrar, National University of Study and Research in Law, At: Nagri, PO: Bukru, PS: Kanke, Kanke-Pithoria Road, Kanke, Ranchi (Jharkhand) Pin – 834006 on or before 31/07/2019 by 17:00 hrs Indian Speed Post or India Registered Post only


For Application Form, Click Here

For Official Notification, Click Here


Tuesday, July 9, 2019

Rights Of Arrested Person Set By Supreme Court


The arrested person in an offence also has his own rights. When the police arrest him, he has to follow a set of rules. The Supreme Court gave a landmark verdict in the Joginder Kumar vs State of UP case in view of human rights.The Supreme Court had held that every person has the right to life and liberty in Article 21. This right must be enforced.

Rights Of Arrested Person 


  • It is compulsory to present the accused before the magistrate within 24 hours after the arrest of cognizable offense. During this, he has the right to seek advice from the lawyer.
  • Whenever a person is arrested, the arrested person has the opportunity to tell his relative or friend that he has been arrested by police. 
  • In addition, it is the duty of the police to tell the person why he has been arrested.
  • When the accused is arrested, the search memo is prepared for whatever material he has got. This list is given to the relative of the arrested person.
  • At the time of his arrest, he is told by the police what his legal rights is.
  • If the accused is not able to make his own lawyer, he is provided a lawyer by the court. A lawyer of legal aid is attached to each court and is allowed to meet the accused so that he can defend it.

Procedure Of Police Custody 

If a custody is required for interrogation of the accused, at least the sub-inspector can file a remand application before the court. He has to satisfy the court on why the police need a custody.


  • No more than 14 days of police custody can be sought. While seeking remand in the court, the government side has to satisfy the court as to why it is necessary to take the accused on remand.
  • In the court, the defendant side give their arguments and the court decides whether the accused should be remanded to police custody.
  • When the court passes an order to hand over the accused to police remand, the accused is directed to undergo immediate medical treatment so that his medical condition is known.
  • During custody, the accused is continuously medically treated and within 24 hours the accused is allowed to meet his lawyer.
  • If the accused takes any medicine, he will be provided by the police.
  • During Custody, the accused cannot be tortured in any way. The law does not permit it.

Monday, July 8, 2019

Internship Opportunity @ National Law University, Delhi (Project 39A)


Project 39A is looking to engage interns at its campus in Dwarka Sector 14, New Delhi for its litigation work.

Project 39A draws inspiration from Article 39(A) in the Indian Constitution on equal justice and signals the broadening of our work on the criminal justice system in India. We undertake litigation, research and outreach relating to forensics, torture, legal aid, forensic psychiatry and death penalty.

This is a part-time internship programme with the interns being expected to work from our office for at least 4 hours per working day.

Internship position 

Dwarka Sector 14, New Delhi

Who can apply? 

The internship is open to students in India enrolled in a recognized undergraduate (UG) or post graduate (PG) programme in law. Those enrolled in other programmes may apply but preference will be given to those enrolled in programmes listed above.

Internship Duration 

Period of three months starting from August 2019.

Stipend

Interns will be paid a stipend of Rs 3,000 (Three Thousand Rupees Only) for every four week period of internship undergone.

How to apply? 

Interested students may send their resume and a statement of purpose, explaining their interest in working on issues of death penalty and the contribution that they see themselves making to the work. The statement of purpose must not exceed 500 words.

Please send your resume and statement of purpose to p39ainternships@nludelhi.ac.in

The subject of the e-mail should be “Project 39A - Application for part-time Internship”.

Applications must reach us no later than midnight of 18th July, 2019 else it won’t be considered.

For official link, click here 

Sunday, July 7, 2019

Section 497 Of IPC Deprives A Woman Of Autonomy And Dignity, Supreme Court Said In Joseph Shine vs UOI Case


Adultery means voluntary sexual intercourse between a married person and another person who is not their married partner. It was crime under Section 497 of Indian penal code but after the landmark judgement in Joseph shine case(Joseph Shine v/s Union of India), Adultery is no more a crime under the Indian jurisprudence.
According to Section 497 of IPC, a women who engages in the sexual intercourse with another's man without her husband consent was considered as adultery. Under adultery, only husband had right to file a complaint against wife and a man with whom she indulged in sexual intercourse. Outsider man was liable for punishment for adultery and the wife was considered as abettor and exempted from punishment. A women had no right to file a complaint against her husband, those indulged in the sexual intercourse with another women outside his marriage.
In this case, a public interest litigation is filled by Italy based Indian(hails from Kerala) businessman Joseph shine under Article 32 of Indian constitution. He challenged the constitutional validity of Section 497 and Section 198(2) of code of criminal procedure and contented that this violates of his fundamental rights Article 14,15 and 21 under Indian constitution. He also contented that this law is discriminatory.
All the five Supreme Court judges hearing the case said that the law is archaic, arbitrary and unconstitutional because it violates Article 14, 15 & 21 of Indian constitution and Section198(2) of Crpc also declared unconstitutional to the extent of all applications of the Section 497 of IPC. The bench also said that Husband is not the master of wife and she is free to take decision itself. Now, Adultery can be a ground for divorce and civil offence.

Download judgement, click Here 


Saturday, July 6, 2019

Supreme Court landmark verdict on illegal possession of property


The Supreme Court held that If someone has occupied your home or land, you can clear it without having to go to court.

In the Poona Ram vs. Moti Ram case, the Supreme Court said that if you have the title of property, then the occupant of the property can be removed from force, so there is no need to file a case in court. But if the property is not from your name or if the possession has been more than 12 years, you will have to file a court case to get possession of the property.

The provisions of under section 5 of Specific Relief Act 1963 has been created for legal proceedings of such cases. In the property dispute, First of all, you should take a stay from the court. so that the occupation person can not construct or sell it on that property.

What was the matter of Poona Ram v. Moti Ram? 

Poona Ram was a resident of Barmer Rajasthan who purchased a land from a vassal in 1966, which was not a place but in different places. When it came to the ownership of the land, it was discovered that he was occupied by a man named Moti Ram who had no documents of that land. After this, Poona Ram did the case in court to get possession.

In 1972, the trial court ruled in favour of Poona Ram. Moti Ram filed appeal in the Rajasthan High Court. The High Court reversed the Lower Court's decision. Then Poona Ram appealed to the Supreme Court and the verdict was in favour of Poona Ram.

Friday, July 5, 2019

Call for Papers: 5th National Conference on Economics of Competition Law@ New Delhi


The Competition Commission of India (CCI) will organize the 5th National Conference on Economics of Competition Law on 6th March, 2020. 

Venue
New Delhi, India

Who can apply?

The conference targets economists including scholars, practitioners and competition agency officials with a keen interest in economics of competition law and policy.

Co-authored papers should necessarily have an economist as one of the co_authors.

Submission Instructions 

A 1000-word abstract of the paper including research questions, methodology and expected results along with one-page curriculum vitae(CV) and contact details should be submitted initially.

Authors of selected abstracts will then be invited to submit full original papers of not more than 5000 words.

Abstract along with CV may be sent to ecoseminar@cci.gov.in

Themes 
  • Market definition, measuring market power and abuse of dominance
  • Vertical restraints and competition
  • Horizontal agreements and cartelization
  • Economics of platform markets and challenges for antitrust enforcement
  • Intellectual Property Rights and competition law
  • Price and non-price effects of mergers
  • Any other issues related to competition policy and law

Conference Fee 

No conference fee

Important Date and Deadlines 
  • Last date of submission of abstracts 16th August 2019
  • Review, Selection and intimation to authors 1st October 2019
  • Last date for submission offull paper 1st December 2019
  • Review and Finalisation ofpapers 1st February 2020
  • Conference date 6th March 2020

For further information or any other queries email to ecoseminar@cci.gov.in

For brochure, click Here  

Thursday, July 4, 2019

Civil Judge And Judicial Magistrate Vacancies At Maharashtra Public Service Commission


Maharashtra Public Service Commission (MPSC) invited online application for the post of Civil Judges and Judicial Magistrates.

Title of the post - Civil Judges (Junior Division)and Judicial Magistrates (First Class)

Total Vacancies - 190 (One Hundred And Ninety) 

Qualification -
For lawyers, attorneys or advocates

Rule of Law and the Bombay High Court or its subordinate court, on February 1, 2019, a lawyer, attorney or attorney,for aminimum 3-year attorney's business experience.

Services to the post of the public prosecutor will be considered as a judicial business in Maharashtra.

For a new lecture graduate 

Degree in law.
LLM Degree with 55% marks.

How to apply?

Eligible candidates may apply online here

Important Date

Starting Date to Apply Online - 24 Jun, 2019

Closing Date to Apply Online - 08 Jul, 2019 till 11:59 PM

Last Date for Submission Application Fee through SBI Challan: 09 Jul, 2019


Download official notification Here




Wednesday, July 3, 2019

Is there no definite criteria in the appointments of SC and HC judges?


Justice Rangnath Pandey, the Allahabad High Court Justice and former Principal Secretary, has made serious allegations questioning the appointments of judges in the High Court and the Supreme Court.

Justice Rangnath Pandey, in a letter to the Prime Minister, said that there are no definite criteria in the appointments of judges to the High Court and the Supreme Court. The prevailing criterion is only nepotism and racism.

In a letter to the PM, Justice Ranganath Pandey wrote that the judiciary is unfortunately plagued by dynasticism and casteism. Here, the family member of the judges becomes the next judge.

The political worker is evaluated by the public in elections based on his work.The administrative officer has to stand the test of competitive examinations in order to join service. Judges of subordinate courts also have the opportunity to be selected by proving merit in competitive examinations, but we have no criteria for appointment of High Court and Supreme Court judges.

He writes that 34 years of service has often had the opportunity to meet High Court and Supreme Court judges. They didn't even have general legal knowledge.

Law Officer Vacancy @ Nainital Bank Limited


Nainital Bank Limited invites online application for the post of Law Officer

Title of the job - Law Officer 

Age - Candidates should be in the age group of 21-28 years as on 31.05.2019.

Qualification - Having passed 3/5 years Professional Degree in Law with minimum 55% marks from a recognized University/Institute.

Preference will be given to those candidates who are handling legal matters at corporate offices of Banks/ Financial Institutions.

How to apply -

  • Interested candidates fulfilling the above eligibility criteria are advised to visit Bank’swebsite - www.nainitalbank.co.in
  • Recruitment/results and read the detailed guidelines for submission of online application and written examination.

Last date - 14th July, 2019

Download official notification here 

Tuesday, July 2, 2019

Article 15 - Why Is Important For Indian Constitution?


Under the Constitution, every citizen has a fundamental right. It is the obligation of the Government to protect the fundamental right of citizens. These days, there is a discussion of Bollywood movie Article 15.The film raises the issue of atrocities and discrimination against Dalits. 


Article 15

"State shall not discriminate against any citizen on grounds only of - 
  • Religion
  • Race
  • Caste
  • Sex
  • Place of birth or any of them. 

India is a country of unity in diversity. Religion, caste, language, food and living are different, but the Constitution talks about equality. First of all, it is important to know what fundamental rights each citizen has got under the Indian Constitution.The fundamental Rights of the Constitution are provided between Article 14 to 32. 

There is a talk of similarity between Article 14 to 18. Article 19 to 22 explain the right to freedom and life. Articles 23 and 24 have rights against exploitation. Articles 25 to 28 have the right to freedom of religion. Constitutional remedies is given under Article 32.

Right to equality


Article 14 provides the right to equality. Under which the law is considered equal to all. Article 15 provides that there shall be no discrimination against anyone on the basis of religion, race, caste, sex, place of birth or any of them. An exception has also been placed for this. The state will be allowed to make provisions for women and children. Provision for free education etc. to children is provided under this article.

The government can make free and special arrangements for SC and ST communities or socially and economically backward classes.The SC and ST categories will make state special provisions for the people to improve them.


Protecting the fundamental right is the responsibility of the government 



The Constitution guarantees the fundamental right of any person.The government cannot take the fundamental right.This means that if Parliament passes a law that violates the fundamental right, such a law is repealed. 

If people feel that their fundamental right is violated, they can go to the Supreme Court under Article 32 and the High Court under Article 226 to prevent the violation of fundamental rights using Constitution of India


Landmark judgments to prevent violation of Article 15


On September 6, 2018, the Supreme Court ruled Homosexuality not a Crime anymore. The court termed it as a violation of Article 14, 15 and 21.

In a judgement on September 27, 2018, the Supreme Court dismissed the Adultry law as unconstitutional. The court said that the Adultry Law makes women slaves and property of the husband. There was also a case of violation of Articles 15 and 21.

Monday, July 1, 2019

Chairperson Vacancy At Permanent Lok Adalats (PUS)


Punjab State Legal Services authority (PSLSA) are invites application for the posts of chairmen in the permanent lok adalat.

Title of the job - Chairman 

Total Vacancies - 09 (Nine) 

Qualification - A person who has been a District Judge or Additional District Judge or has held judicial office higher in rank than that of a District Judge. 

Age - Below 65 years (Maximum age till the person can hold office is 65
years)

Place of Posting - The selected candidate can be posted in any district in the State of Punjab.

Last Date - 04.07.2019

Note

  • The candidates may apply in the enclosed Performa.
  • Before appointment, the candidates shall have to take an undertaking that he/she does not and will not have any such financial or other interest as is likely to affect prejudicially his/her functions as such Chairman or Member. 
  • Number of the posts can be increased or decreased as per the requirement of the State Authority. 

Dowload official notification Here


All India Judicial Service - Is it possible to establish?


Again discussion on the formation of the All India Judicial Service is gaining momentum. The Law Ministry has written letters to states and high courts across the country asking them to express their views.


Law Minister Ravi Shankar Prasad had said that the government intends to set up AIJS to appoint lower court judges. There are still 5,000 vacancies in lower courts across the country. 

Political Experts point out that the state's stand will be a matter of view, but it could become a debatable issue in the days to come. However, law experts point out that there are no legal hurdles.

The proposal is that the applicant will give the AIJS exam for the appointment of lower court judges in a centralized manner, like the civil services and choose the choice of states in the same way as in the Civil Services Exam.

During a hearing in the Supreme Court a year ago on the issue of vacancies and pendency of cases, the Supreme Court had asked states to give views on central selection mechanism to fill the vacancy.

The court also made it clear that they did not want to tamper the federal structure, but were looking for an agency to fill up vacant posts.