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Volume II, Issue I-II
EDITORIAL BOARD
Chairman:
Dr. Tabrez Ahmad
Faculty-in-Charge:
Dr. Sujata Bali
Media Coordinator:
Ms. Charu Srivastava
Sumaiya Saleem
Ed-in-Chief:
Arahant Jain
Associate Editors:
Arpita Sharma
Puja Kumari
Design and Layout:
Saif Rahman Ansari
Assistant Editors:
Aniket Chatterji
Anushka Dhawan
Aprajita Gupta
Bhavya Upadhyay
Neha Singh
Rashmi Singh
Sarthak Sharma
Shipra Prashant
Ap
COLS NEWSLETTER
Volume II, Issue I – II January-February, 2015
FROM THE PRO-VICE CHANCELLOR’S DESK…
We at UPES take great pride in the College of Legal Studies
(COLS) Newsletter which has become the mouthpiece of the
college. Communication, as you all know, is the key for the
growth of any institution. I am sure this great initiative from
CoLS would continue be a great tool to share with
the UPES fraternity in particular and the legal community in
general about the great initiatives both in the curricular and
extracurricular areas being carried out in the College.
Ours is a unique domain-focused legal curriculum which is even unique for
law schools, especially our Tech. + Law programs. Over the last few months
there have been impressive achievements in all fronts in the College.
Noteworthy among them are UPES teams winning moot
courts and debates at the national level and faculty publishing research
papers in celebrated forums.
It is heartening to see that since the publication of the last issue of the
Newsletter, much progress has been made at CoLS. Events like the
innovative Novice Moot Court Competition and our annual Techno-
Managerial-Legal fest IGNITE are noteworthy among the many events that
have made COLS proud. CoLS also hosted Judge Sandra E. Oxner O.C., and
Prof. Heidi Robertson this term.
I am happy to note that this issue has impressive reports of all these
events and many other high lights such as student opinions of legal
developments, faculty and alumnus interview, introduction of new faculty
members etc.
I wish the CoLS Newsletter all the best for its endeavors in keeping the
communication flowing.
Best wishes
Prof. Utpal Ghosh
Pro-Vice Chancellor
Highlights
Courtroom Drama 2 Opportunities 8
Law and Beyond 4 Know your Teacher 9
As we see it 5 Know your Alumnus 10
Beyond Bar & Bench 6 Campus News 11
Around the Globe 7 Student Achievements 13
Faculty Introductions 14
Volume II, Issue I-II
Courtroom Drama
SC Recommends Setting up of Special
Benches in the HCs to Settle Election
Disputes
The Supreme Court’s division bench comprising
of Justice R.F.Nariman and Justice J.
Chelameswar has recommended creation of
special benches in all the High Courts in the
country to settle election disputes. It was observed
that it is very rare that the election dispute gets
settled during the tenure of the candidate in power
and hence this results in violation of justice.
A bench which is not burdened with any other
work apart from solving the election disputes will
be effective and will also result in speedy trial of
cases. The bench further said that there is a
"sacred responsibility" which is given to the
members of legislative bodies.
It was held:
"The continuance of any member in such bodies
who secured his election to such a body by legally
impermissible means even for a day is most
undesirable. Such continuance affords an
opportunity to such a member to take part in the
law-making process affecting the destinies of the
people."
The High Courts will be open to unwanted
criticism if there is a delay in adjudicating the
election disputes and to avoid such a situation,
special benches are recommended. The court here
was hearing a petition filed by Mohd. Akbar, a
congress candidate, who had questioned the
election of Ashok Sahu, a BJP candidate in
Chhattisgarh’s Kawardha. Allegations of corrupt
practices were made and summons were further
issued by the High Court in January, 2014. Due to
delay in justice, Akbar had moved the Supreme
Court.
The Writ Jurisdiction Cannot be
Applied in Judicial Orders of Civil
Court
Setting aside a Division Bench's order of
Supreme Court in the matter of Surya Dev Rai v.
Ram Chander Rai & Ors, a Supreme Court
Bench comprising of Chief Justice H.L. Dattu,
Justice A.K Sikri and Justice A.K. Goel has
ruled that judicial orders of civil court are not
amenable to writ jurisdiction under Article 226
of the Constitution and that jurisdiction under
Article 227 is distinct from jurisdiction under
Article 226.
The Bench was hearing a matter placed before it
by a Bench of two judges, in order to consider
the correctness of the law laid down by the
Court in the previous judgment. The Court
observed, "Writ jurisdiction is constitutionally
conferred on all High Courts.”
There are no precedents in India for High
Courts to issue writs to subordinate courts.
Control of working of subordinate courts in
dealing with their judicial orders is exercised by
way of appellate or revisional powers or power
of superintendence under Article 227. Orders of
Civil Court stand on different footing from the
orders of authorities or Tribunals or courts other
than judicial/ civil courts. While appellate or
revisional jurisdiction is regulated by statutes,
power of superintendence under Article 227 is
constitutional. The expression 'inferior court' is
not referable to judicial courts.
Courtesy: LiveLaw web-portal
Volume II, Issue I-II
Setting New Trends: SC on Corporate
Criminal Liability
In another recent case of Sunil Bharti Mittal v.
CBI, the Supreme Court laid down important
principles with respect to corporate criminal
liability. This recent judgment is significant,
insofar as it clearly lays down the circumstances
in which a director or a person in charge of the
affairs of a company can be prosecuted when
the company is an accused. The first situation is
where the person, who has committed the
offence on behalf of a company, can be made
accused along with the company.
The second situation is where there exists a
specific statutory provision making such
persons vicariously liable. The Court clarified
that a director cannot, in general, be made
vicariously liable for the acts/crimes of the
company. It is, in fact, the mens rea of persons
directing the business of the company that is
attributed to the company (as per the “alter ego”
doctrine), and not the other way round (as was
done by the Special Magistrate in this case,
where the acts of the company were attributed
to the appellant).
Newsletter is Recruiting
The CoLS Newsletter is now recruiting
reporters and editors.
Any Student may apply with a sample of his/her
writing.
Applications shall be emailed to
convenor.lds@gmail.com with a CC marked to
sbali@ddn.upes.ac.in latest by April 10, 2015.
SC strikes down ‘draconian’ Section
66A
Section 66A of the Information Technology Act is
unconstitutional in its entirety, the Supreme Court
ruled on Tuesday striking down a “draconian”
provision that had led to the arrests of many
people for posting content deemed to be
“allegedly objectionable” on the Internet.
“It is clear that Section 66A arbitrarily,
excessively and disproportionately invades the
right of free speech and upsets the balance
between such right and the reasonable restrictions
that may be imposed on such right,” said a Bench
of Justices J. Chelameswar and Rohinton F.
Nariman. The definition of offences under the
provision was “open-ended and undefined”, it
said.
In the judgment, the court said the liberty of
thought and expression was a cardinal value of
paramount significance under the Constitution.
Three concepts fundamental in understanding the
reach of this right were discussion, advocacy and
incitement. Discussion, or even advocacy, of a
particular cause, no matter how unpopular it was,
was at the heart of the right to free speech and it
was only when such discussion or advocacy
reached the level of incitement that it could be
curbed on the ground of causing public disorder.
The court went on to say that Section 66A actually
had no proximate connection with public order or
with incitement to commit an offence. “The
information disseminated over the Internet need
not be information which ‘incites’ anybody at all.
Written words may be sent that may be purely in
the realm of ‘discussion’ or ‘advocacy’ of a
‘particular point of view’. Further, the mere
causing of annoyance, inconvenience, danger, etc.,
or being grossly offensive or having a menacing
character are not offences under the Indian Penal
Code at all,”
The court said: “Every expression used is
nebulous in meaning”. The court pointed out that
a penal law would be void on the grounds of
vagueness if it failed to define the criminal
offence with sufficient definiteness.
Courtesy: The Hindu
Volume II, Issue I-II
Law & Beyond
Government’s Mark sheet: Finance Budget 2015
After introduction of ground-breaking concepts like Swachh Bharat Abhiyan and Make in India, all eyes
were set for the first full- ledged budget of the Modi government. The expectations of a common man
amplified with the budget. It was anticipated that there will be significant policy changes that would
positively make an impact in day to day lives of middle class. The government has taken numerous
measures for gradual improvement of confidence of foreign investors in Indian equity in the past 9 months,
but the common man's expectations have nothing to do with such reforms. Strong measures towards curbing
inflation, black money and addressing social issues like women safety and rural amelioration is what we
hoped for.
Budget 2015 is pioneering and growth focused and has taken in hand challenges faced by businesses in
India. Finance minister has allocated Rs. 70,000 cr for infrastructure that will spur advancement of roads,
railways, power and ports which in result will ease doing business. Budget sternly punishes corruption and
slashes red tape. However, for middle class Jaitley's budget came as a bit of disappointment. There was
neither an increase in the basic exemption limit nor the limit of deduction under section 80(c) was raised.
However, budget offered a combination of additional tax savings on investment in pension schemes, medical
insurance premium and exemption on transport allowance. But an increase in service tax from 12% to 14%
will impact household budgets. Following are some of the major highlights of the budget 2015:
For Corporates: Threshold limit of domestic transfer pricing provisions increased from Rs. 5 crore to Rs.
20 crore; Applicability of GAAR deferred by 2 years; Reduction in corporate tax from 30% to 25% over the
next four years; Hike in corporate surcharge from 10% to 12% for companies having income more than Rs.
10 crore.
For Middle Class: Deduction limit for health insurance premium under section 80(d) increased to Rs.
25,000 from Rs.15, 000 and for senior citizens from Rs. 20,000 to Rs.30, 000; Limit for investment in
pension funds increased from Rs. 1 lakh to Rs. 1.5 lakh; Service tax rate hiked from 12% to 14% resulting in
a burden on wallets; Swacch Bharat cess of 2% has been proposed to be levied on services.
For Upper Class: Wealth tax has been abolished; Surcharge has been increased from 10% to 12% on
individuals having taxable income above Rs. 1cr.
For Social Security: Rs. 1,000 crore allocated towards 'Nirbhaya Fund' and Rs. 100 crore for 'Beti bachao,
Beti padhao’; Pradhan Mantri Suraksha Bima Yojana has been introduced to provide accidental cover of Rs.
2 lakh for a premium of Rs. 12 per year; Atal Pension Yojna has been introduced to provide pension limited
to Rs. 1,000 each year, until five years.
However, the budget lacked adequate roadmap on the ground for achieving such intentions. Budget has
addressed some of the major issues faced by businesses in India. It has also attempted to deal with concern
like long term growth, wider social safety nets and boost in investments.
Volume II, Issue I-II
As We See It
SC on pathological arbitration agreement
The Supreme Court of India, in the recent case of Pricol Limited (herein referred to as ‘Pricol’) v.
Johnson Controls Enterprise Ltd. & Ors., (herein referred to as Johnson), (Arbitration case no. 30 of
2014) yet again established its pro-arbitration approach by rationally and eloquently interpreting a
pathological arbitration agreement. Additionally, the Court held that the appointment of a sole
arbitrator by the Singapore International Arbitration Centre (SIAC) and a partial award having being
passed by the arbitral tribunal on the issue of jurisdiction, cannot be examined in a petition under
Section 11(6) of the Arbitration and Conciliation Act, 1996.
The dispute arose between both the parties when they were unable to reach on a mutual consensus
on the appointment of sole arbitrator. Then, Johnson approached SIAC for the appointment of
arbitrator and SIAC while exercising its powers under Section 8(2) and 8(3) of the Singapore
International Arbitration Act, appointed Mr Steven Lim as the sole arbitrator. Mr Lim passed an
initial award upholding the jurisdiction.
Aggrieved by the said appointment and initial award, Pricol moved the SC. The SC with a pro-
arbitration approach held that such award and jurisdiction cannot be challenged under Section 11(6)
of the Arbitration and Conciliation Act. The Court undertook a reasonable and meaningful
construction of the pathological arbitration agreement. The recognition was given to the intent of the
parties to arbitrate the dispute despite the fact that it was under a non-existent institution and the
same was upheld by the court. In doing so, the Supreme Court kept in mind the purpose of
arbitration agreement and ensured that it shouldn’t be defeated by way of expenditure of money and
time in litigation.
The court very well acknowledged the fact that if it passes any order, then it would amount to an
appeal against the decision of SIAC and said that such act of court would be inappropriate.
This approach of the court is an important milestone and prefigures sound for the litigants who
prefer arbitration. It also alarms us of the heed that is crucial whilst drafting an arbitration
agreement so that such needless issues do not arise in the course of any proceeding. An arbitration
agreement must be drafted in a manner that does not allow any mischievous interpretations to pester
and eat up valuable time and money.
Volume II, Issue I-II
Beyond Bar & Bench: News from the profession
Split of India’s Biggest Law Firm
Largest Indian law firm, Amarchand & Mangaldas
& Suresh A. Shroff & Co. is all set to split from
the coming financial year.
The Managing Partners of the firm’s Delhi and
Mumbai offices, Shradul Shroff and Cyril Shroff,
had differences arising out of their mother’s will.
Failing to arbitrate, the brothers decided to split
the firm. Cyril and Shradul are all set to start
offices in Delhi and Mumbai, respectively under
the new banner.
SEBI notifies New Insider Trading
Regulations
On January 15, 2015, the Securities and Exchange
Board of India (SEBI) has notified the new Insider
Trading Regulations expanding the scope of
connected persons, introducing new concepts such
as generally available information and exemption
for due diligence and streamlining exposures.
The Insider Trading norms are being overhauled
after a 20 year gap, following the
recommendations made by a committee under the
chairmanship of Justice N.K. Sodhi. The
committee had submitted its report in December,
2013 recommending a new set of insider trading
regulations which were approved by the SEBI
Board in November, 2014. The said regulations
are named as Securities and Exchange Board of
India (Prohibition of Insider Trading) Regulations,
2015.
Centre shoots down PIL seeking use of
Hindi as language in Supreme Court
and High Court
A PIL was recently filed in the SC by advocate
Shiv Sagar Tiwari contending that Article 348 of
the Constitution of India which prescribes English
as the official language of the higher judiciary, is a
violation of the Constitution of India. It was also
contended that English is a ghulami bhasha which
is not the vernacular for the litigants. A bench of
Justices Dattu and Bobde had thereafter issued
notice to the Central Government.
In response to this, the Department of Official
Language of the Home Ministry rejected the
proposal to change the language to Hindi, placing
reliance upon the 216th
Law Commission Report
of 2008. The Report had carefully analyzed the
related constitutional provisions and had also
referred to the views of senior members of the
higher judiciary on this issue.
Development in the DLF v. SEBI Matter
In a voluminous order, the Securities Appellate
Tribunal (SAT) has set aside a SEBI order of
October 2014, that banned DLF and its promoters
from accessing the securities market.
SEBI had found out that DLF resorted to sham
transactions of share transfer with a view to
camouflage the association of DLF with Felicite,
Shalika and Sudipti as dissociation and thereby
misleading the investors by not disclosing the
relevant information in the offer documents.
Although DLF’s stand has been vindicated in
SAT, it has still suffered a ban of around 5 months
on account of the SEBI order.
Courtesy: Bar & Bench online portal accessible at www.barandbench.com
Volume II, Issue I-II
Around the Globe
Former Maldives President sentenced
by country’s criminal court
[Maldives]
The Criminal Court of Maldives on Friday sentenced
former Maldives President Mohammed Nasheed to 13
years in prison for terrorism-related charges. The
charges relate to actions taken three years ago by the
former President which included the arrest and
detainment of a top judge. The Maldives judge
presiding over the case stated in court, "[t]he
prosecution's evidence proved beyond reasonable
doubt that Nasheed ordered the chief judge's arrest or
forceful abduction and detention." Many human rights
groups have spoken out against the arrest and
conviction of Nasheed claiming that the Maldives
Judiciary's decisions are politically motivated. Reports
indicate that the verdict may cause increased street
violence and protesting which could affect future
tourism.
The Maldives judiciary has generated significant
controversy over the last two years. In October the UN
Office of the High Commissioner for Human
Rights [official website] expressed concern [JURIST
report] over the Supreme Court's prosecution of five
members of the Maldives Human Rights Commission.
In March the Supreme Court dismissed the country's
four top election commissioners, giving each a six-
month jail sentence and three-year suspension for
"disobeying orders." In November 2013 the Supreme
Court suspended the nation's presidential election for
the third time.
Amendment to Equal Pay Bill to be
debated and voted upon
[United Kingdom]
The House of Lords on Wednesday will debate Equal
Pay (Transparency) Bill recently passed
through Parliament that will require certain businesses
to reveal whether there are differences in the pay of
male and female employees. The bill calls for the
Secretary of State to make changes to the 2010
Equality Act , requiring employers with more than 250
employees to publish information relating to employee
pay. Deputy Prime Minister Nick Clegg opined: "The
labour market is still stacked against women. It's
simply not acceptable, in the 21st century, that women
on average still receive a smaller pay packet than
men." However, another government spokesperson
reported that the gender pay gap is currently at an all-
time low. If changes to the law are approved, women
will have easier access to challenging an employer
when they are not receiving fair compensation. Firms
with more than 250 employees that refuse to comply
with it could be fined up to £5,000.
The gender pay gap has continuously affected other
countries, as well. A group of UN experts on the issue
of discrimination against women reported Friday that
"no country has achieved full substantive equality of
women." In contemplation of International Women's
Day on March 8, Eurostat, the statistical office of the
European Union (EU) revealed that women, on
average, earned 16 percent less than men in the EU,
and that the UK has the sixth-largest gender pay gap
within the EU.
Proposal made to change Bulgarian Criminal Code [Bulgaria]
The Bulgarian Ministry of Justice proposed a bill amending and supplementing Bulgaria's criminal code to
address growing threats of terrorism. The purpose of the bill is to fill in gaps of the criminal code, as well as
to fulfill Bulgaria's commitments under UN Security Council Resolution 2178 to fight against terrorism. The
bill proposes restricting the movements of people traveling with the goal of preparing, planning or
participating in terrorism. The bill also would punish those who participate in the financing, planning or
preparing to commit terrorist acts by providing or receiving terrorist training. Punishments for those
committing cyber-terrorism have also been proposed. All provisions aim to prevent terrorists from finding
safe haven in Bulgaria.
Source: Jurist online portal
Volume II, Issue I-II
Opportunities
National Funding Rounds of the Manfred
Lachs Space Law Moot Court Competition
2015
Register by April 1
The National Law School of India University,
in association with the Indian Space Research
Organisation, [“ISRO”] is organizing the
National Funding Rounds of
the Manfred Lachs Space Law Moot Court
Competition, from April 25-27, 2015.
The winner of this round will be sponsored by
ISRO, in order to facilitate participation in the
Asia-Pacific Regional Rounds to be held in
Bandung, Indonesia.
For Further Details Contact:
Sidhanth Ramachandran | +91-9663788014
Radhika Kapoor | +91-9538526519
Arunima Kedia | +91-9538408199 or mail at
manfredlachsindia@gmail.com
Alliance University – Surana & Surana
National Essay Competition 2015
Submit by April 2
Alliance School of Law, Alliance University
in collaboration with Surana and Surana
International Attorneys, Chennai is organising
a National Essay Competition 2015 on “Social
Justice and Public Empowerment”.
For Further Details Contact:
Prof. Abraham Joseph | Assistant Professor of
Lawabraham.joseph@alliance.edu.in
+91 80 30938234 / +91 99867 67742
Prof. Pritam Ghosh | Assistant Professor of
Law pritam.ghosh@alliance.edu.in
Call for Papers: International Journal of
Legal Sciences and Research
Submit by April 8
International Journal of Legal Sciences and
Research (ISSN: 2394 -7977) is now
accepting submissions for its upcoming issue.
Academic submissions in the form of articles,
short notes, book reviews and case
commentaries on a host of legal and social
issues, both national and international which
include multidisciplinary contemporary
research are accepted. Last date to submit the
manuscripts is April 8, 2015
For Further Details Contact Executive
Editor: Sikander Sharma | +91 8130317767
Or for any clarifications, e-mail at
ijlsr.query@gmail.com.
Call for Papers: NLSIU Journal of Law
and Public Policy
Submit by April 30
Journal of Law and Public Policy, a law
journal of NLSIU Bangalore, is soliciting
submissions for its second issue to be
launched in July 2015. Submissions may be in
the form of Articles, Research papers, Case
Comments, Legislative Comments or
Book/Movie Reviews. submissions to be e-
mailed to bhatsairam@nls.ac.in (in MS Word
format) along with a covering letter addressed
to Dr. Sairam Bhat (Coordinator & Chief
Editor, Journal of Law and Public Policy,
2015).
For further details, email at ded@nls.ac.in
Volume II, Issue I-II
Know Your Teacher
Ms. Shikha Dimri [Asst. Prof. (Senior Scale)] is with CoLS since its inception in 2007. That alone, let alone
other considerations, makes her the finest choice of team-CoLS-Newsletter for this issue. Some excerpts from
the conversation:
Team CoLS Newsletter (TCN): Madam, how has been your professional journey thus far?
Shikha Dimri (SD): My professional journey has been good and filled with experiences. I have seen lot of
changes in the department. I have seen CoLS growing and expanding. However, I am aware that the learning
process is ever continuing. I can call it a journey filled with inspiration and learning.
TCN: What are the essentials for a conducive teaching-learning environment?
SD: Dedication is the keyword. It demands not only committed faculty but also dedicated students.
Infrastructural constraints are never big enough to prevent the dedicated professionals’ journey toward
excellence.
TCN: What is required from the students of CoLS to better themselves in the field of law?
SD: Our students go to competitions and often do they comeback with trophies. But one thing that
consistently lacks is that majority of our students needs to work more on the fundamentals of the subject. We
have a focus on the domain knowledge but the basic law subjects should not be taken less seriously. This
would increase their strength in the discipline of law and will also increase the number of trophies.
TCN: How would you describe the relationship between faculty and students at CoLS?
SD: Very good. Our faculty is always willing to help the students and they give sufficient time to the
students. The teacher-students relation positively reflects in the organization of events. This is another way
of grooming the students’ personality.
TCN: What are your suggestions for improving the teaching-learning environment at CoLS?
SD: We are fairly good at almost everything. However towards a better teaching-learning environment I
believe that quality of research project/assignments should improve without the threat of sticks and students’
inclination to research, time spent in library and on the research databases should increase without any
compulsion. These non-coercive developments towards quality assertion would surely strengthen the
teaching-learning environment.
TCN: Beyond the professional life, what do you indulge in as a hobby?
SD: Spending time with pets, listening to music, and driving.
TCN: Since its inception, you have seen the college develop, what changes have you noticed in terms of
students and the teaching-learning environment at large?
SD: One of the positive changes I observe is that the students have started focussing on litigation. This is a
good sign for the students and also for the society.
TCN: Thank you ma’am for speaking to us.
Volume II, Issue I-II
Know Your Alumnus
Nikhil Parikshith
One of the first to bag a dream-firm placement, Nikhil is special for his writing and research skills. Presently,
Nikhil is an Associate with Amarchand & Mangaldas & Suresh A. Shroff & Co., New Delhi. Read on for his
musings on his life and career.
Team CoLS Newsletter (TCN): How did your experience at UPES help you shape your career?
Nikhil Parikshith (NP): My experience at UPES provided me with the wherewithal to become a professional
and well-informed lawyer.
TCN: What would you look for if you were to hire graduates from UPES?
NP: Sincerity, honesty and an insatiable passion for the law.
TCN: If you get a chance to re-live the college life, what would you do differently?
NP: I would have spent more time in library and participated in more moot court events.
TCN: How do you describe the corporate law culture?
NP: The corporate culture is challenging and full of trials and tribulations. However, if you work hard and are
honest in your methods, success is guaranteed.
TCN: We have heard a lot about your writing skills, how did they help you in making the cut?
NP: Writing is an important skill that every lawyer must develop. Good writing is not achieved overnight. You
have to be well-read to be a good writer. Writing and reading are the fundamental tools for every lawyer. So I
would encourage everyone to never stop reading or writing! For a lawyer reading is as important as breathing! To
answer the question specifically, my writing skills helped me in my recruitment wherein I was given a long
questionnaire and had to answer several interesting questions which were not related to law.
TCN: What extracurricular activity, according to you, can be most broadening a learning experience?
NP: I feel mooting is a wonderful extracurricular activity. It prompts one to think independently and provides the
confidence to speak in public. Moreover, writing for journals is extremely important, which enables you to
become a better writer.
TCN: What are your suggestions for the final year batch to help them in their placements?
NP: To keep all options open and not to get disheartened by minor setbacks.
TCN: Thank you for sharing your experience with us.
Volume II, Issue I-II
Campus News
IGNITE 2015
University of Petroleum and Energy Studies organised the annual technical-management-legal fest, in
the month of February. The fest was organized from February 19 till February 21, 2015. The fest has a
synergy of technical, managerial and legal events together under one banner. In the course of three days
there were more than hundred events organised.
There were several legal competitions that were witnessed by a great turnout from colleges from all
over India amongst the likes of Faculty of Law, Delhi University and Panjab University. The College of
Legal Studies hosted seven national-level competitions. Following is an overview of the events:
Taking the research tradition forward, paper presentation competition was organized, wherein the
participants presented research papers on varied fields of law including papers that had conventional as
well as modern day approaches to law. The participants went through the abstract-selection process
before presenting the papers in front of audiences from various law schools across the nation. Many
legal luminaries judged the event.
We believe, spice of mooting lies in the trial, giving a platform to future trial advocates, the college
organized a Trial Advocacy Competition which saw brilliant turnouts from colleges across the nation.
Trial advocacy deals with the procedure and method followed in trial courts. The event includes,
students acting as witnesses to help their speakers make a better case. The event saw an overwhelming
participation.
Debating is an integral part of the CoLS culture, taking it forward on a new platform, Discussion Panel
of Indian States was held. The format of the debate facilitates discussions between the union and the
states on particular motions. The teams were allotted either Union-side or States-side through a draw.
The debate took place on the motion of the Union wanting to pass the General Sales Tax Act which the
States were not in favour of.
CoLS has a history of fostering the synergy between technology and law, taking clue from it,
TechnoLAWgy: The Law and Technology Society organized a few events which began with an aptitude
test comprising general questions from our routine lives. That was followed by a Group Discussion
Round which had topics on daily human affairs, a pinch of fun kept the topics apart from conventional
debating topics. Finally a Personal Interview Round to showcase the participant’s personality was held.
Volume II, Issue I-II
Of all the events Client Counselling had the biggest turnout. It is an in-chamber activity, in which, as the
name suggests, the lawyers counsel their clients. This event had students participating from many
national law schools. The event was a great success.
The most enjoyable event, however, was the UPES Youth Parliament. It was organized by the Literary
and Debating Society of the University. Youth Parliament featured three committees, the Lok Sabha, the
Rajya Sabha and the All India Party Meet (AIPM), dealing with different agenda’s over the course of
three days. The event was open for anyone who has interest in politics and has necessary oratory skills.
The event gave the participants a platform to exhibit their political acumen and rational decision-making
skills.
The fest concluded with the Legal Essay Writing Competition. It was held on the last day of the fest.
The event saw a turnout of intellectually best students ready to pen their thoughts on legal issues.
Ignite, a fine collection of many interesting and academically relevant events, was a great success. It
showed that we, by combining work with play can break the monotony that conventional learning has.
2nd
Novice Moot Court competition
The true merit of a law student lies in excelling in the art of advocacy. Mooting provides an opportunity
to invigorate the students with an environment to research and argue. Novice Moot Court has been
recently added to the repertoire of the CoLS moots. The Moot Court Association organized the 2nd
Novice Moot Court competition in February, 2015, aiming to help the 1st
year students gain essential
mooting skills that law schools demand.
Immense involvement of the first year students was witnessed in the competition. The total of 31 teams
submitted their memorials, comprising the students of BBA LLB, BA LLB and B. Tech LLB. The event
was held over a period of three days. With the preliminary rounds held on the first and second day,
judged by experienced mooters, chosen from the 4th
year and 5th year students. It was followed by the
semi-final rounds comprising of 8 teams.
The final round was conducted in the moot court hall, judged by Dr. Tabrez Ahmed. The finals
witnessed hard work and dynamism as both the teams left an emblematic impression on everyone. The
runner up trophy was bagged by the team of Aditya Dev Gaur, ManitLoomba and Tilhat Naz, while the
team of Devashish Jain, Akansha Saxena and Vasundhra Agarwal emerged victorious. Best speaker and
the Best Memorial award were awarded to Samanvi Narang and the team of Bhavya Upadhyay, Rashmi
Singh and Kanika respectively.
Volume II, Issue I-II
Student Achievements
The COLS sports fraternity made the college proud at the Ram Manohar Lohia National Law University
(RMLNLU), Lucknow with dominant performances in two events. The CoLS cricket and basketball
teams obtained top spots in strongly contested tournaments and brought home well-deserved accolades.
The cricket team proved their sporting might with an unbeaten run against all odds. The side captained
by Sahej Mahajan was dominant from the start and confidence was sky high. Suraj Bhalla was declared
the top scorer for the CoLS side. A couple of nervy finishes did occur every now and then. However, as
stated by the host, the UPES cricket team deserved every accolade they collected. In sum, CoLS beat
RMLNLU in their own ground, not letting RMNLU of any ‘home pitch advantage’!
Akin to the performance in cricket, UPES grabbed the top spot with relative ease in Basketball. Team-
UPES performed with calmness and stability under pressure. The basketball side was led by the deadly
duo Mohit and Himanshu of the III Year B.A., LL.B, who, previously too, united on a number of
occasions to take their side to the top
The College of Legal Studies did remarkable performances in Badminton and Gully Cricket as well.
Although the teams were not lucky enough to grab trophies, their efforts deserve a special mention.
The strength of COLS-UPES was certainly on display at RMLNLU, which ensures a bright future for
CoLS-sports.
Placement News
AZB & Partners recruited Arahant Jain.
Amarchand & Mangaldas & Suresh A. Shroff &Co, Mumbai recruited Kush Saggi and Saumik P.
Batham.
Wadia Ghandy recruited Harshita Khurana and Ayush Srivastava.
PF Legal recruited Vedanta Yadav.
Roy Ghosh & Associates recruited Nilanjana Mukherjee.
H&Y Partners recruited Priyanka Srivastava.
Adv. Anurag Gupta, Civil Court Dehradun recruited Saksham Pradyot.
Adv. Naresh Sharma, Delhi High Court recruited Sukanya Thapliyal.
Chess Management Services Pvt. Ltd. Recruited Shruti Agrawal, Shume Banerjee, Aditya Tiwari and
Ravikant Deshmukh.
Luthra and Luthra Law offices recruited Tanmay Sadh.
Volume II, Issue I-II
Faculty Introductions
Prof. Tony George, LL.M. (Dalhousie), M.Phil. (NUJS), Ph.D. (Dalhousie)
At the start of his career, Prof. Tony George joined National University of Juridical Sciences, Kolkata.
His research therein on water law was widely noted and has left a mark in environmental law
scholarship.
Later on, Prof. George joined the National Judicial Academy, Bhopal as Assistant Professor from where
he relocated to Canada to pursue his doctorate.
Prof. George is the author of From Ship Breaking to Sustainable Ship Recycling (Brill, 2010), Towards
Sustainable Coastal Development (Brill, 2014), Ballast Water and Aquatic Invasive Species, 19 Col. J.
Int’l Envt’l L. (2007), to name a few.
In CoLS he teaches International Commercial Arbitration, Jurisprudence, and Maritime Law.
Prof. Azim B. Pathan, LL.B., LL.M. (Nagpur)
Ph.D. (Nagpur)
Prof. Pathan started his academic career at
Department of Law, Nagpur University in the year
2008.
In 2009, Dr. Pathan joined Hidayatullah National
Law University (HNLU), Raipur (C.G.) and worked
in different capacities as a member for Editorial
Board of HNLU, Executive Member of HNLU
Journal.
Prof. Pathan has co-authored a book titled
“Biodiversity Law: National and International Legal
Regime” (CEHRRA, 2013).
He has published articles and papers in journals of
national repute. He is also a recipient of P.V.
Narshima Rao Memorial Gold Medal.
In College of Legal Studies, Dr. Pathan teaches
subject like Arbitration and Conciliation Law, Law
of Contracts and Legal Language & Legal Writing.
Ms. Pallavi Arora, LL.M.
A graduate from Ram Manohar Lohiya National
Law University, Lucknow and a post graduate in
criminal law. Pallavi Arora joined CoLS as
Assistant Professor of Law.
In choosing her career, Prof. Arora preferred
teaching job to a law firm work.
Ms. Arora has published her research in reputed
journals like, NALSAR Student Law Review,
NLIU Law Review and Journal of Indian Law and
Society on topics such as, hostile takeovers,
reforms in sexual offences, universality of human
rights etc. Her research interest lies in International
Criminal Law.
She is currently teaching Code of Civil Procedure
and Information Technology Law to the students
of CoLS.

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CoLS newsletter Jan-Feb,2015

  • 1. Volume II, Issue I-II EDITORIAL BOARD Chairman: Dr. Tabrez Ahmad Faculty-in-Charge: Dr. Sujata Bali Media Coordinator: Ms. Charu Srivastava Sumaiya Saleem Ed-in-Chief: Arahant Jain Associate Editors: Arpita Sharma Puja Kumari Design and Layout: Saif Rahman Ansari Assistant Editors: Aniket Chatterji Anushka Dhawan Aprajita Gupta Bhavya Upadhyay Neha Singh Rashmi Singh Sarthak Sharma Shipra Prashant Ap COLS NEWSLETTER Volume II, Issue I – II January-February, 2015 FROM THE PRO-VICE CHANCELLOR’S DESK… We at UPES take great pride in the College of Legal Studies (COLS) Newsletter which has become the mouthpiece of the college. Communication, as you all know, is the key for the growth of any institution. I am sure this great initiative from CoLS would continue be a great tool to share with the UPES fraternity in particular and the legal community in general about the great initiatives both in the curricular and extracurricular areas being carried out in the College. Ours is a unique domain-focused legal curriculum which is even unique for law schools, especially our Tech. + Law programs. Over the last few months there have been impressive achievements in all fronts in the College. Noteworthy among them are UPES teams winning moot courts and debates at the national level and faculty publishing research papers in celebrated forums. It is heartening to see that since the publication of the last issue of the Newsletter, much progress has been made at CoLS. Events like the innovative Novice Moot Court Competition and our annual Techno- Managerial-Legal fest IGNITE are noteworthy among the many events that have made COLS proud. CoLS also hosted Judge Sandra E. Oxner O.C., and Prof. Heidi Robertson this term. I am happy to note that this issue has impressive reports of all these events and many other high lights such as student opinions of legal developments, faculty and alumnus interview, introduction of new faculty members etc. I wish the CoLS Newsletter all the best for its endeavors in keeping the communication flowing. Best wishes Prof. Utpal Ghosh Pro-Vice Chancellor Highlights Courtroom Drama 2 Opportunities 8 Law and Beyond 4 Know your Teacher 9 As we see it 5 Know your Alumnus 10 Beyond Bar & Bench 6 Campus News 11 Around the Globe 7 Student Achievements 13 Faculty Introductions 14
  • 2. Volume II, Issue I-II Courtroom Drama SC Recommends Setting up of Special Benches in the HCs to Settle Election Disputes The Supreme Court’s division bench comprising of Justice R.F.Nariman and Justice J. Chelameswar has recommended creation of special benches in all the High Courts in the country to settle election disputes. It was observed that it is very rare that the election dispute gets settled during the tenure of the candidate in power and hence this results in violation of justice. A bench which is not burdened with any other work apart from solving the election disputes will be effective and will also result in speedy trial of cases. The bench further said that there is a "sacred responsibility" which is given to the members of legislative bodies. It was held: "The continuance of any member in such bodies who secured his election to such a body by legally impermissible means even for a day is most undesirable. Such continuance affords an opportunity to such a member to take part in the law-making process affecting the destinies of the people." The High Courts will be open to unwanted criticism if there is a delay in adjudicating the election disputes and to avoid such a situation, special benches are recommended. The court here was hearing a petition filed by Mohd. Akbar, a congress candidate, who had questioned the election of Ashok Sahu, a BJP candidate in Chhattisgarh’s Kawardha. Allegations of corrupt practices were made and summons were further issued by the High Court in January, 2014. Due to delay in justice, Akbar had moved the Supreme Court. The Writ Jurisdiction Cannot be Applied in Judicial Orders of Civil Court Setting aside a Division Bench's order of Supreme Court in the matter of Surya Dev Rai v. Ram Chander Rai & Ors, a Supreme Court Bench comprising of Chief Justice H.L. Dattu, Justice A.K Sikri and Justice A.K. Goel has ruled that judicial orders of civil court are not amenable to writ jurisdiction under Article 226 of the Constitution and that jurisdiction under Article 227 is distinct from jurisdiction under Article 226. The Bench was hearing a matter placed before it by a Bench of two judges, in order to consider the correctness of the law laid down by the Court in the previous judgment. The Court observed, "Writ jurisdiction is constitutionally conferred on all High Courts.” There are no precedents in India for High Courts to issue writs to subordinate courts. Control of working of subordinate courts in dealing with their judicial orders is exercised by way of appellate or revisional powers or power of superintendence under Article 227. Orders of Civil Court stand on different footing from the orders of authorities or Tribunals or courts other than judicial/ civil courts. While appellate or revisional jurisdiction is regulated by statutes, power of superintendence under Article 227 is constitutional. The expression 'inferior court' is not referable to judicial courts. Courtesy: LiveLaw web-portal
  • 3. Volume II, Issue I-II Setting New Trends: SC on Corporate Criminal Liability In another recent case of Sunil Bharti Mittal v. CBI, the Supreme Court laid down important principles with respect to corporate criminal liability. This recent judgment is significant, insofar as it clearly lays down the circumstances in which a director or a person in charge of the affairs of a company can be prosecuted when the company is an accused. The first situation is where the person, who has committed the offence on behalf of a company, can be made accused along with the company. The second situation is where there exists a specific statutory provision making such persons vicariously liable. The Court clarified that a director cannot, in general, be made vicariously liable for the acts/crimes of the company. It is, in fact, the mens rea of persons directing the business of the company that is attributed to the company (as per the “alter ego” doctrine), and not the other way round (as was done by the Special Magistrate in this case, where the acts of the company were attributed to the appellant). Newsletter is Recruiting The CoLS Newsletter is now recruiting reporters and editors. Any Student may apply with a sample of his/her writing. Applications shall be emailed to convenor.lds@gmail.com with a CC marked to sbali@ddn.upes.ac.in latest by April 10, 2015. SC strikes down ‘draconian’ Section 66A Section 66A of the Information Technology Act is unconstitutional in its entirety, the Supreme Court ruled on Tuesday striking down a “draconian” provision that had led to the arrests of many people for posting content deemed to be “allegedly objectionable” on the Internet. “It is clear that Section 66A arbitrarily, excessively and disproportionately invades the right of free speech and upsets the balance between such right and the reasonable restrictions that may be imposed on such right,” said a Bench of Justices J. Chelameswar and Rohinton F. Nariman. The definition of offences under the provision was “open-ended and undefined”, it said. In the judgment, the court said the liberty of thought and expression was a cardinal value of paramount significance under the Constitution. Three concepts fundamental in understanding the reach of this right were discussion, advocacy and incitement. Discussion, or even advocacy, of a particular cause, no matter how unpopular it was, was at the heart of the right to free speech and it was only when such discussion or advocacy reached the level of incitement that it could be curbed on the ground of causing public disorder. The court went on to say that Section 66A actually had no proximate connection with public order or with incitement to commit an offence. “The information disseminated over the Internet need not be information which ‘incites’ anybody at all. Written words may be sent that may be purely in the realm of ‘discussion’ or ‘advocacy’ of a ‘particular point of view’. Further, the mere causing of annoyance, inconvenience, danger, etc., or being grossly offensive or having a menacing character are not offences under the Indian Penal Code at all,” The court said: “Every expression used is nebulous in meaning”. The court pointed out that a penal law would be void on the grounds of vagueness if it failed to define the criminal offence with sufficient definiteness. Courtesy: The Hindu
  • 4. Volume II, Issue I-II Law & Beyond Government’s Mark sheet: Finance Budget 2015 After introduction of ground-breaking concepts like Swachh Bharat Abhiyan and Make in India, all eyes were set for the first full- ledged budget of the Modi government. The expectations of a common man amplified with the budget. It was anticipated that there will be significant policy changes that would positively make an impact in day to day lives of middle class. The government has taken numerous measures for gradual improvement of confidence of foreign investors in Indian equity in the past 9 months, but the common man's expectations have nothing to do with such reforms. Strong measures towards curbing inflation, black money and addressing social issues like women safety and rural amelioration is what we hoped for. Budget 2015 is pioneering and growth focused and has taken in hand challenges faced by businesses in India. Finance minister has allocated Rs. 70,000 cr for infrastructure that will spur advancement of roads, railways, power and ports which in result will ease doing business. Budget sternly punishes corruption and slashes red tape. However, for middle class Jaitley's budget came as a bit of disappointment. There was neither an increase in the basic exemption limit nor the limit of deduction under section 80(c) was raised. However, budget offered a combination of additional tax savings on investment in pension schemes, medical insurance premium and exemption on transport allowance. But an increase in service tax from 12% to 14% will impact household budgets. Following are some of the major highlights of the budget 2015: For Corporates: Threshold limit of domestic transfer pricing provisions increased from Rs. 5 crore to Rs. 20 crore; Applicability of GAAR deferred by 2 years; Reduction in corporate tax from 30% to 25% over the next four years; Hike in corporate surcharge from 10% to 12% for companies having income more than Rs. 10 crore. For Middle Class: Deduction limit for health insurance premium under section 80(d) increased to Rs. 25,000 from Rs.15, 000 and for senior citizens from Rs. 20,000 to Rs.30, 000; Limit for investment in pension funds increased from Rs. 1 lakh to Rs. 1.5 lakh; Service tax rate hiked from 12% to 14% resulting in a burden on wallets; Swacch Bharat cess of 2% has been proposed to be levied on services. For Upper Class: Wealth tax has been abolished; Surcharge has been increased from 10% to 12% on individuals having taxable income above Rs. 1cr. For Social Security: Rs. 1,000 crore allocated towards 'Nirbhaya Fund' and Rs. 100 crore for 'Beti bachao, Beti padhao’; Pradhan Mantri Suraksha Bima Yojana has been introduced to provide accidental cover of Rs. 2 lakh for a premium of Rs. 12 per year; Atal Pension Yojna has been introduced to provide pension limited to Rs. 1,000 each year, until five years. However, the budget lacked adequate roadmap on the ground for achieving such intentions. Budget has addressed some of the major issues faced by businesses in India. It has also attempted to deal with concern like long term growth, wider social safety nets and boost in investments.
  • 5. Volume II, Issue I-II As We See It SC on pathological arbitration agreement The Supreme Court of India, in the recent case of Pricol Limited (herein referred to as ‘Pricol’) v. Johnson Controls Enterprise Ltd. & Ors., (herein referred to as Johnson), (Arbitration case no. 30 of 2014) yet again established its pro-arbitration approach by rationally and eloquently interpreting a pathological arbitration agreement. Additionally, the Court held that the appointment of a sole arbitrator by the Singapore International Arbitration Centre (SIAC) and a partial award having being passed by the arbitral tribunal on the issue of jurisdiction, cannot be examined in a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996. The dispute arose between both the parties when they were unable to reach on a mutual consensus on the appointment of sole arbitrator. Then, Johnson approached SIAC for the appointment of arbitrator and SIAC while exercising its powers under Section 8(2) and 8(3) of the Singapore International Arbitration Act, appointed Mr Steven Lim as the sole arbitrator. Mr Lim passed an initial award upholding the jurisdiction. Aggrieved by the said appointment and initial award, Pricol moved the SC. The SC with a pro- arbitration approach held that such award and jurisdiction cannot be challenged under Section 11(6) of the Arbitration and Conciliation Act. The Court undertook a reasonable and meaningful construction of the pathological arbitration agreement. The recognition was given to the intent of the parties to arbitrate the dispute despite the fact that it was under a non-existent institution and the same was upheld by the court. In doing so, the Supreme Court kept in mind the purpose of arbitration agreement and ensured that it shouldn’t be defeated by way of expenditure of money and time in litigation. The court very well acknowledged the fact that if it passes any order, then it would amount to an appeal against the decision of SIAC and said that such act of court would be inappropriate. This approach of the court is an important milestone and prefigures sound for the litigants who prefer arbitration. It also alarms us of the heed that is crucial whilst drafting an arbitration agreement so that such needless issues do not arise in the course of any proceeding. An arbitration agreement must be drafted in a manner that does not allow any mischievous interpretations to pester and eat up valuable time and money.
  • 6. Volume II, Issue I-II Beyond Bar & Bench: News from the profession Split of India’s Biggest Law Firm Largest Indian law firm, Amarchand & Mangaldas & Suresh A. Shroff & Co. is all set to split from the coming financial year. The Managing Partners of the firm’s Delhi and Mumbai offices, Shradul Shroff and Cyril Shroff, had differences arising out of their mother’s will. Failing to arbitrate, the brothers decided to split the firm. Cyril and Shradul are all set to start offices in Delhi and Mumbai, respectively under the new banner. SEBI notifies New Insider Trading Regulations On January 15, 2015, the Securities and Exchange Board of India (SEBI) has notified the new Insider Trading Regulations expanding the scope of connected persons, introducing new concepts such as generally available information and exemption for due diligence and streamlining exposures. The Insider Trading norms are being overhauled after a 20 year gap, following the recommendations made by a committee under the chairmanship of Justice N.K. Sodhi. The committee had submitted its report in December, 2013 recommending a new set of insider trading regulations which were approved by the SEBI Board in November, 2014. The said regulations are named as Securities and Exchange Board of India (Prohibition of Insider Trading) Regulations, 2015. Centre shoots down PIL seeking use of Hindi as language in Supreme Court and High Court A PIL was recently filed in the SC by advocate Shiv Sagar Tiwari contending that Article 348 of the Constitution of India which prescribes English as the official language of the higher judiciary, is a violation of the Constitution of India. It was also contended that English is a ghulami bhasha which is not the vernacular for the litigants. A bench of Justices Dattu and Bobde had thereafter issued notice to the Central Government. In response to this, the Department of Official Language of the Home Ministry rejected the proposal to change the language to Hindi, placing reliance upon the 216th Law Commission Report of 2008. The Report had carefully analyzed the related constitutional provisions and had also referred to the views of senior members of the higher judiciary on this issue. Development in the DLF v. SEBI Matter In a voluminous order, the Securities Appellate Tribunal (SAT) has set aside a SEBI order of October 2014, that banned DLF and its promoters from accessing the securities market. SEBI had found out that DLF resorted to sham transactions of share transfer with a view to camouflage the association of DLF with Felicite, Shalika and Sudipti as dissociation and thereby misleading the investors by not disclosing the relevant information in the offer documents. Although DLF’s stand has been vindicated in SAT, it has still suffered a ban of around 5 months on account of the SEBI order. Courtesy: Bar & Bench online portal accessible at www.barandbench.com
  • 7. Volume II, Issue I-II Around the Globe Former Maldives President sentenced by country’s criminal court [Maldives] The Criminal Court of Maldives on Friday sentenced former Maldives President Mohammed Nasheed to 13 years in prison for terrorism-related charges. The charges relate to actions taken three years ago by the former President which included the arrest and detainment of a top judge. The Maldives judge presiding over the case stated in court, "[t]he prosecution's evidence proved beyond reasonable doubt that Nasheed ordered the chief judge's arrest or forceful abduction and detention." Many human rights groups have spoken out against the arrest and conviction of Nasheed claiming that the Maldives Judiciary's decisions are politically motivated. Reports indicate that the verdict may cause increased street violence and protesting which could affect future tourism. The Maldives judiciary has generated significant controversy over the last two years. In October the UN Office of the High Commissioner for Human Rights [official website] expressed concern [JURIST report] over the Supreme Court's prosecution of five members of the Maldives Human Rights Commission. In March the Supreme Court dismissed the country's four top election commissioners, giving each a six- month jail sentence and three-year suspension for "disobeying orders." In November 2013 the Supreme Court suspended the nation's presidential election for the third time. Amendment to Equal Pay Bill to be debated and voted upon [United Kingdom] The House of Lords on Wednesday will debate Equal Pay (Transparency) Bill recently passed through Parliament that will require certain businesses to reveal whether there are differences in the pay of male and female employees. The bill calls for the Secretary of State to make changes to the 2010 Equality Act , requiring employers with more than 250 employees to publish information relating to employee pay. Deputy Prime Minister Nick Clegg opined: "The labour market is still stacked against women. It's simply not acceptable, in the 21st century, that women on average still receive a smaller pay packet than men." However, another government spokesperson reported that the gender pay gap is currently at an all- time low. If changes to the law are approved, women will have easier access to challenging an employer when they are not receiving fair compensation. Firms with more than 250 employees that refuse to comply with it could be fined up to £5,000. The gender pay gap has continuously affected other countries, as well. A group of UN experts on the issue of discrimination against women reported Friday that "no country has achieved full substantive equality of women." In contemplation of International Women's Day on March 8, Eurostat, the statistical office of the European Union (EU) revealed that women, on average, earned 16 percent less than men in the EU, and that the UK has the sixth-largest gender pay gap within the EU. Proposal made to change Bulgarian Criminal Code [Bulgaria] The Bulgarian Ministry of Justice proposed a bill amending and supplementing Bulgaria's criminal code to address growing threats of terrorism. The purpose of the bill is to fill in gaps of the criminal code, as well as to fulfill Bulgaria's commitments under UN Security Council Resolution 2178 to fight against terrorism. The bill proposes restricting the movements of people traveling with the goal of preparing, planning or participating in terrorism. The bill also would punish those who participate in the financing, planning or preparing to commit terrorist acts by providing or receiving terrorist training. Punishments for those committing cyber-terrorism have also been proposed. All provisions aim to prevent terrorists from finding safe haven in Bulgaria. Source: Jurist online portal
  • 8. Volume II, Issue I-II Opportunities National Funding Rounds of the Manfred Lachs Space Law Moot Court Competition 2015 Register by April 1 The National Law School of India University, in association with the Indian Space Research Organisation, [“ISRO”] is organizing the National Funding Rounds of the Manfred Lachs Space Law Moot Court Competition, from April 25-27, 2015. The winner of this round will be sponsored by ISRO, in order to facilitate participation in the Asia-Pacific Regional Rounds to be held in Bandung, Indonesia. For Further Details Contact: Sidhanth Ramachandran | +91-9663788014 Radhika Kapoor | +91-9538526519 Arunima Kedia | +91-9538408199 or mail at manfredlachsindia@gmail.com Alliance University – Surana & Surana National Essay Competition 2015 Submit by April 2 Alliance School of Law, Alliance University in collaboration with Surana and Surana International Attorneys, Chennai is organising a National Essay Competition 2015 on “Social Justice and Public Empowerment”. For Further Details Contact: Prof. Abraham Joseph | Assistant Professor of Lawabraham.joseph@alliance.edu.in +91 80 30938234 / +91 99867 67742 Prof. Pritam Ghosh | Assistant Professor of Law pritam.ghosh@alliance.edu.in Call for Papers: International Journal of Legal Sciences and Research Submit by April 8 International Journal of Legal Sciences and Research (ISSN: 2394 -7977) is now accepting submissions for its upcoming issue. Academic submissions in the form of articles, short notes, book reviews and case commentaries on a host of legal and social issues, both national and international which include multidisciplinary contemporary research are accepted. Last date to submit the manuscripts is April 8, 2015 For Further Details Contact Executive Editor: Sikander Sharma | +91 8130317767 Or for any clarifications, e-mail at ijlsr.query@gmail.com. Call for Papers: NLSIU Journal of Law and Public Policy Submit by April 30 Journal of Law and Public Policy, a law journal of NLSIU Bangalore, is soliciting submissions for its second issue to be launched in July 2015. Submissions may be in the form of Articles, Research papers, Case Comments, Legislative Comments or Book/Movie Reviews. submissions to be e- mailed to bhatsairam@nls.ac.in (in MS Word format) along with a covering letter addressed to Dr. Sairam Bhat (Coordinator & Chief Editor, Journal of Law and Public Policy, 2015). For further details, email at ded@nls.ac.in
  • 9. Volume II, Issue I-II Know Your Teacher Ms. Shikha Dimri [Asst. Prof. (Senior Scale)] is with CoLS since its inception in 2007. That alone, let alone other considerations, makes her the finest choice of team-CoLS-Newsletter for this issue. Some excerpts from the conversation: Team CoLS Newsletter (TCN): Madam, how has been your professional journey thus far? Shikha Dimri (SD): My professional journey has been good and filled with experiences. I have seen lot of changes in the department. I have seen CoLS growing and expanding. However, I am aware that the learning process is ever continuing. I can call it a journey filled with inspiration and learning. TCN: What are the essentials for a conducive teaching-learning environment? SD: Dedication is the keyword. It demands not only committed faculty but also dedicated students. Infrastructural constraints are never big enough to prevent the dedicated professionals’ journey toward excellence. TCN: What is required from the students of CoLS to better themselves in the field of law? SD: Our students go to competitions and often do they comeback with trophies. But one thing that consistently lacks is that majority of our students needs to work more on the fundamentals of the subject. We have a focus on the domain knowledge but the basic law subjects should not be taken less seriously. This would increase their strength in the discipline of law and will also increase the number of trophies. TCN: How would you describe the relationship between faculty and students at CoLS? SD: Very good. Our faculty is always willing to help the students and they give sufficient time to the students. The teacher-students relation positively reflects in the organization of events. This is another way of grooming the students’ personality. TCN: What are your suggestions for improving the teaching-learning environment at CoLS? SD: We are fairly good at almost everything. However towards a better teaching-learning environment I believe that quality of research project/assignments should improve without the threat of sticks and students’ inclination to research, time spent in library and on the research databases should increase without any compulsion. These non-coercive developments towards quality assertion would surely strengthen the teaching-learning environment. TCN: Beyond the professional life, what do you indulge in as a hobby? SD: Spending time with pets, listening to music, and driving. TCN: Since its inception, you have seen the college develop, what changes have you noticed in terms of students and the teaching-learning environment at large? SD: One of the positive changes I observe is that the students have started focussing on litigation. This is a good sign for the students and also for the society. TCN: Thank you ma’am for speaking to us.
  • 10. Volume II, Issue I-II Know Your Alumnus Nikhil Parikshith One of the first to bag a dream-firm placement, Nikhil is special for his writing and research skills. Presently, Nikhil is an Associate with Amarchand & Mangaldas & Suresh A. Shroff & Co., New Delhi. Read on for his musings on his life and career. Team CoLS Newsletter (TCN): How did your experience at UPES help you shape your career? Nikhil Parikshith (NP): My experience at UPES provided me with the wherewithal to become a professional and well-informed lawyer. TCN: What would you look for if you were to hire graduates from UPES? NP: Sincerity, honesty and an insatiable passion for the law. TCN: If you get a chance to re-live the college life, what would you do differently? NP: I would have spent more time in library and participated in more moot court events. TCN: How do you describe the corporate law culture? NP: The corporate culture is challenging and full of trials and tribulations. However, if you work hard and are honest in your methods, success is guaranteed. TCN: We have heard a lot about your writing skills, how did they help you in making the cut? NP: Writing is an important skill that every lawyer must develop. Good writing is not achieved overnight. You have to be well-read to be a good writer. Writing and reading are the fundamental tools for every lawyer. So I would encourage everyone to never stop reading or writing! For a lawyer reading is as important as breathing! To answer the question specifically, my writing skills helped me in my recruitment wherein I was given a long questionnaire and had to answer several interesting questions which were not related to law. TCN: What extracurricular activity, according to you, can be most broadening a learning experience? NP: I feel mooting is a wonderful extracurricular activity. It prompts one to think independently and provides the confidence to speak in public. Moreover, writing for journals is extremely important, which enables you to become a better writer. TCN: What are your suggestions for the final year batch to help them in their placements? NP: To keep all options open and not to get disheartened by minor setbacks. TCN: Thank you for sharing your experience with us.
  • 11. Volume II, Issue I-II Campus News IGNITE 2015 University of Petroleum and Energy Studies organised the annual technical-management-legal fest, in the month of February. The fest was organized from February 19 till February 21, 2015. The fest has a synergy of technical, managerial and legal events together under one banner. In the course of three days there were more than hundred events organised. There were several legal competitions that were witnessed by a great turnout from colleges from all over India amongst the likes of Faculty of Law, Delhi University and Panjab University. The College of Legal Studies hosted seven national-level competitions. Following is an overview of the events: Taking the research tradition forward, paper presentation competition was organized, wherein the participants presented research papers on varied fields of law including papers that had conventional as well as modern day approaches to law. The participants went through the abstract-selection process before presenting the papers in front of audiences from various law schools across the nation. Many legal luminaries judged the event. We believe, spice of mooting lies in the trial, giving a platform to future trial advocates, the college organized a Trial Advocacy Competition which saw brilliant turnouts from colleges across the nation. Trial advocacy deals with the procedure and method followed in trial courts. The event includes, students acting as witnesses to help their speakers make a better case. The event saw an overwhelming participation. Debating is an integral part of the CoLS culture, taking it forward on a new platform, Discussion Panel of Indian States was held. The format of the debate facilitates discussions between the union and the states on particular motions. The teams were allotted either Union-side or States-side through a draw. The debate took place on the motion of the Union wanting to pass the General Sales Tax Act which the States were not in favour of. CoLS has a history of fostering the synergy between technology and law, taking clue from it, TechnoLAWgy: The Law and Technology Society organized a few events which began with an aptitude test comprising general questions from our routine lives. That was followed by a Group Discussion Round which had topics on daily human affairs, a pinch of fun kept the topics apart from conventional debating topics. Finally a Personal Interview Round to showcase the participant’s personality was held.
  • 12. Volume II, Issue I-II Of all the events Client Counselling had the biggest turnout. It is an in-chamber activity, in which, as the name suggests, the lawyers counsel their clients. This event had students participating from many national law schools. The event was a great success. The most enjoyable event, however, was the UPES Youth Parliament. It was organized by the Literary and Debating Society of the University. Youth Parliament featured three committees, the Lok Sabha, the Rajya Sabha and the All India Party Meet (AIPM), dealing with different agenda’s over the course of three days. The event was open for anyone who has interest in politics and has necessary oratory skills. The event gave the participants a platform to exhibit their political acumen and rational decision-making skills. The fest concluded with the Legal Essay Writing Competition. It was held on the last day of the fest. The event saw a turnout of intellectually best students ready to pen their thoughts on legal issues. Ignite, a fine collection of many interesting and academically relevant events, was a great success. It showed that we, by combining work with play can break the monotony that conventional learning has. 2nd Novice Moot Court competition The true merit of a law student lies in excelling in the art of advocacy. Mooting provides an opportunity to invigorate the students with an environment to research and argue. Novice Moot Court has been recently added to the repertoire of the CoLS moots. The Moot Court Association organized the 2nd Novice Moot Court competition in February, 2015, aiming to help the 1st year students gain essential mooting skills that law schools demand. Immense involvement of the first year students was witnessed in the competition. The total of 31 teams submitted their memorials, comprising the students of BBA LLB, BA LLB and B. Tech LLB. The event was held over a period of three days. With the preliminary rounds held on the first and second day, judged by experienced mooters, chosen from the 4th year and 5th year students. It was followed by the semi-final rounds comprising of 8 teams. The final round was conducted in the moot court hall, judged by Dr. Tabrez Ahmed. The finals witnessed hard work and dynamism as both the teams left an emblematic impression on everyone. The runner up trophy was bagged by the team of Aditya Dev Gaur, ManitLoomba and Tilhat Naz, while the team of Devashish Jain, Akansha Saxena and Vasundhra Agarwal emerged victorious. Best speaker and the Best Memorial award were awarded to Samanvi Narang and the team of Bhavya Upadhyay, Rashmi Singh and Kanika respectively.
  • 13. Volume II, Issue I-II Student Achievements The COLS sports fraternity made the college proud at the Ram Manohar Lohia National Law University (RMLNLU), Lucknow with dominant performances in two events. The CoLS cricket and basketball teams obtained top spots in strongly contested tournaments and brought home well-deserved accolades. The cricket team proved their sporting might with an unbeaten run against all odds. The side captained by Sahej Mahajan was dominant from the start and confidence was sky high. Suraj Bhalla was declared the top scorer for the CoLS side. A couple of nervy finishes did occur every now and then. However, as stated by the host, the UPES cricket team deserved every accolade they collected. In sum, CoLS beat RMLNLU in their own ground, not letting RMNLU of any ‘home pitch advantage’! Akin to the performance in cricket, UPES grabbed the top spot with relative ease in Basketball. Team- UPES performed with calmness and stability under pressure. The basketball side was led by the deadly duo Mohit and Himanshu of the III Year B.A., LL.B, who, previously too, united on a number of occasions to take their side to the top The College of Legal Studies did remarkable performances in Badminton and Gully Cricket as well. Although the teams were not lucky enough to grab trophies, their efforts deserve a special mention. The strength of COLS-UPES was certainly on display at RMLNLU, which ensures a bright future for CoLS-sports. Placement News AZB & Partners recruited Arahant Jain. Amarchand & Mangaldas & Suresh A. Shroff &Co, Mumbai recruited Kush Saggi and Saumik P. Batham. Wadia Ghandy recruited Harshita Khurana and Ayush Srivastava. PF Legal recruited Vedanta Yadav. Roy Ghosh & Associates recruited Nilanjana Mukherjee. H&Y Partners recruited Priyanka Srivastava. Adv. Anurag Gupta, Civil Court Dehradun recruited Saksham Pradyot. Adv. Naresh Sharma, Delhi High Court recruited Sukanya Thapliyal. Chess Management Services Pvt. Ltd. Recruited Shruti Agrawal, Shume Banerjee, Aditya Tiwari and Ravikant Deshmukh. Luthra and Luthra Law offices recruited Tanmay Sadh.
  • 14. Volume II, Issue I-II Faculty Introductions Prof. Tony George, LL.M. (Dalhousie), M.Phil. (NUJS), Ph.D. (Dalhousie) At the start of his career, Prof. Tony George joined National University of Juridical Sciences, Kolkata. His research therein on water law was widely noted and has left a mark in environmental law scholarship. Later on, Prof. George joined the National Judicial Academy, Bhopal as Assistant Professor from where he relocated to Canada to pursue his doctorate. Prof. George is the author of From Ship Breaking to Sustainable Ship Recycling (Brill, 2010), Towards Sustainable Coastal Development (Brill, 2014), Ballast Water and Aquatic Invasive Species, 19 Col. J. Int’l Envt’l L. (2007), to name a few. In CoLS he teaches International Commercial Arbitration, Jurisprudence, and Maritime Law. Prof. Azim B. Pathan, LL.B., LL.M. (Nagpur) Ph.D. (Nagpur) Prof. Pathan started his academic career at Department of Law, Nagpur University in the year 2008. In 2009, Dr. Pathan joined Hidayatullah National Law University (HNLU), Raipur (C.G.) and worked in different capacities as a member for Editorial Board of HNLU, Executive Member of HNLU Journal. Prof. Pathan has co-authored a book titled “Biodiversity Law: National and International Legal Regime” (CEHRRA, 2013). He has published articles and papers in journals of national repute. He is also a recipient of P.V. Narshima Rao Memorial Gold Medal. In College of Legal Studies, Dr. Pathan teaches subject like Arbitration and Conciliation Law, Law of Contracts and Legal Language & Legal Writing. Ms. Pallavi Arora, LL.M. A graduate from Ram Manohar Lohiya National Law University, Lucknow and a post graduate in criminal law. Pallavi Arora joined CoLS as Assistant Professor of Law. In choosing her career, Prof. Arora preferred teaching job to a law firm work. Ms. Arora has published her research in reputed journals like, NALSAR Student Law Review, NLIU Law Review and Journal of Indian Law and Society on topics such as, hostile takeovers, reforms in sexual offences, universality of human rights etc. Her research interest lies in International Criminal Law. She is currently teaching Code of Civil Procedure and Information Technology Law to the students of CoLS.