Sunteți pe pagina 1din 28

VOLUME IV, ISSUE II & III

(FEBRUARY - MARCH 2017)

College of Legal Studies

NEWSLETTER
1 COURTROOM
Message from Senior Director-
DRAMA Operations
3 LAW AND Hello friends!
It has been an extremely fruitful time at
BEYOND
the College of Legal Studies. The past
year has seen the college grow by an
4 AS WE SEE enormous gravity both at the student
IT level as well as in terms of public rec-
ognition, as a college of repute under
the able guidance of Prof. (Dr.) Tabrez
6 BEYOND BAR &
Ahmad. There has been such a robust
BENCH growth and development, that it has
been phenomenal.
9 AROUND THE Our students have won over 100
National Awards over the past couple
GLOBE of years. What better way to reach out
to the nation than to let the world know
11 OPPORTUNITIES about the quality of education that is being imparted here at College of Legal
Studies! No doubt CoLS has been ranked as 2nd amongst the Law Colleges in
the Northern Region according to the survey conducted by the Global Human
12 KNOW YOUR
Resource Development Centre, New Delhi.
FACULTY Today, a career in law is extremely vivacious. As laws across the country and
the globe get stringent in order to streamline the processes, lawyers become
14 KNOW YOUR pivotal to the change. From environment to taxation, from share market to social
ALUMNA health, from corporates to cyber security, lawyers have become a cornerstone
of building hope around transparency and truth in the society. It is one of the
15 KNOW A LEGAL most noble professions known to mankind but then conscience is extremely
important for the development in terms of personal and career growth.
LUMINARY CoLS has more than 8 different programmes to offer under the UG programme.
With a wide range of disciplines under its aegis, it has been attracting stu-
16 STUDENTS dents all across the country. The strength lies in the well qualified faculty that
ACHIEVEMENTS strengthen the quality of student output year on year. The College also has to
its credit the success of conducting the Dr. Paras Diwan Memorial International
Energy law Moot Court Competition where participants from different states
17 CAMPUS NEWS and countries come together and have a wonderful experience.
The College of Legal Studies works non-stop throughout the year and it is the
pro-active nature of all the people associated with the College that has led to
21 FACULTY its productivity and has helped emboss a very positive impression, of a place
ACHIEVEMENTS where dreams are given wings and quality professionals are created.
My heartiest good wishes to Dr. Tabrez Ahmad and team for the hard work and
wonderful outcomes, and I am hopeful and anticipating that the College shall
22 GALLERY reach even higher and truly live up to its name as the Nation Builders University.

Mr. Sanjiv Zutshi


Senior Director-Operations,
UPES
Glimpse of students participating in National Competitions organized by CoLS, UPES
COURTROOM DRAMA

Defamation Not a Crime High Supreme Court Upholds


Court of Kenya Notification Issued under old
Criminal Law Amendment Act
Your freedom to act ends where my nose begins.
The above stated words are considered the very basis of The constitutionality of the notifications, issued by the
democracy since time immemorial. However, the same Union Territory of Goa, with reference to the Criminal
belief was put to question when the Kenya High Court Law Amendment Act, 1932 was upheld by the Honble
decriminalized defamation. Judge John M. Mativo who Supreme Court of India. The apex Court in Aires Rodrigues
presided over the case said that consequences of defa- v. Vishwajeet P Rane, (2017 Cr.L.R. (SC)) observed that
mation i.e. arrest, detention and 2 year imprisonment The Criminal Law Amendment Act, 1932 is still relevant
are excessive punishments in the modern democratic and any notification issued in reference to the Code of
society that we have. Criminal Procedure, 1898, must be read as having been is-
Addressing the question put before the Court wherein sued in reference to the Code of Criminal Procedure, 1973.
the Court had to decide whether the penal offence was In the aforementioned case, the Union Territory of Goa
inconsistent with the freedom of expression guaranteed had issued a notification dated 27th June, 1973, declar-
by Article 33 of the Kenyan Constitution or was a reason- ing offences committed under Sections 186, 188,189,
able restriction to it, the Court sided with the former. 228, 295-A, 298, 505 or 507 of the Indian Penal Code,
The interesting twist came when the Court relied upon in the Union Territory of Goa, and Daman and Diu, to be
two Indian precedents. The Indian Supreme Court in cognizable, and offences committed under Sections 188
Ahmedabad Pvt. Primary Teachers Assn. v. Administra- or 506 of the IPC to be non-bailable. The notification
tive Officers and Ors., (2004 (1) SCR 470) observed that was issued invoking the powers under Section 10 of the
maxim noscitur a sociis can be relied upon to interpret Criminal Law Amendment Act, 1932.
words of the Legislature. Moreover, in the case of Reserve This notification was challenged in the High Court of
Bank of India v. Peerless General Finance and Investment Bombay after the Code of Criminal Procedure, 1973 came
Co. Ltd. and Ors., (1987 AIR 1023) it was held that the into force. The High Court declared it invalid. The High
interpretation must be based on the text and the context. Court had an opinion that, clause (b) of Sub-Section (2) of
The irony lies in the fact that Indian Courts have recog- Section 484 of CrPC, 1973, only saves notifications issued
nized defamation by recognizing the Right to Reputation with reference to CrPC, 1898 and not notifications issued
as a constitutional right under Article 21 of Constitution with reference to Criminal Law Amendment Act, 1932.
of India. Whereas, the Kenya High Court put forward The Supreme Court bench comprising of Honble Justice
that defamation cannot be recognized as crime under A.K. Goel and Honble Justice U.U. Lalit observed that, the
the constitutional framework of Kenya, which by virtue Criminal Law Amendment Act, 1932, is a Central Legisla-
of Article 33 only tends to include public interest and tion and even today it is operative and power conferred
not individual interest. Thus only a civil remedy can be under section 10 can be exercised.
obtained for the same. Courtesy: www.livelaw.in
Courtesy: www.livelaw.in

IT Act is a Special Provision, so


has a Special Effect
On 12th December 2016, in Sharat Babu Digumarti v.
Govt. of NCT, (CRIMINAL APPEAL NO. 1222 OF 2016) the
Supreme Court heard claims of both the parties regard-
ing a wide variety of issues. The matter dealt with The
Information Technology Act, 2000 and Indian Penal Code,
1860. The Attorney Generals opinion was also taken into
Picture Courtesy: gamingtechlaw.com

1
COURTROOM DRAMA

consideration by the Honble Court in this matter, who


highlighted that Section 67 of the IT Act that talks about
Can the Court Subject a Party to
publishing obscene content overrides Section 292 of the Voice Spectrography Test?
IPC. It has been seen that in practise, because of lack of Self-Incriminating evidences have always been an area of
awareness among the Law Enforcement Agency officers, constant contemplation under Indian law. The High Court
most of the accused are charged under Section 292 IPC of Gujarat in the case of Natvarlal Amarshibhai Devani
and often Section 67 of IT Act is ignored. v. State of Gujarat & Ors. (January 2017) responded to
The Court also went on to analyse the parallels between questions concerning voice spectrography, under a writ
electronic material and records as per the Indian Evidence petition.The Court addressing the issue, whether voice
Act, 1872 and said that almost all electronically published spectrography amounts to self-incrimination under Article
content can be included under the IT Act without any 20 (3) of the Constitution of India, gave a decision that
doubt. subjecting an accused to voice spectrography, though is
However, paragraph 28 of the judgment lays down the not violative of Article 20 (3) of the Constitution of India,
most relevant opinion of the Court; The said provision it is not allowed.
read with Section 67A and 67B is a complete code relat- Honble Justice J. B. Pardiwala added further, with com-
ing to the offences that are covered under the IT Act. All plete assurance while referring to the Apex Courts judg-
provisions will have their play and significance, if the al- ment in Selvi v. State of Karnataka (AIR 2010 SC 1974:
leged offence pertains to offence of electronic record. It 2010 AIR SCW 3011), that the principles laid down by the
has to be borne in mind that IT Act is a special enactment. Supreme Court would not apply to the voice spectrography
It has special provisions. Section 292 of the IPC makes test, for it does not fall within the ambit of psychiatric
(an) offence (the) sale of obscene books, etc. but once treatment.
the offence has a nexus or connection with the electronic Another issue before the Court was whether a Court can
subject a suspect to the test or authorize an investigating
agency to collect voice sample for the test, in absence
of any provision under CrPC. After a detailed examina-
tion of the Criminal Procedure Code, 1973 and the Indian
Evidence Act, 1872 the Court concluded that no provision
empowers either the Court or any legal authority to col-
lect voice sample for the purpose of this test. So at the
moment no party to a suit can be subjected to the test
of voice spectrography.
Honble Justice J.B. Pardiwala comprehended the signifi-
Picture Courtesy: cyberlawasia.com cance of voice spectrographic test in detail throughout
the judgment, and pointed towards the Parliament to look
record the protection and effect of Section 79 cannot be into the issue and make necessary amendments under the
ignored and negated. Code of Criminal Procedure and the Act of 1920. Moreover,
This pretty much boiled down to the Court observing he suggested that the State Government, on urgent basis,
that if no case was made out under Section 67 of the IT should exercise its power under Section 8 of the Act, 1920
Act then the remedy under Section 292 of IPC will also and frame rules to include voice sample as a barometer of
not be available. measurement. Even in the case of R. M. Malkani v. State
This was held because the accused was already acquit- of Maharashtra (AIR 1973 SC 157) where recorded tape
ted of the offence under Section 67 of the IT Act. This was accepted as valid evidence, the Court had stated
judgment reiterates the concept of Generalia Specialibus that there was a need of a provision under which police
Non Derogant meaning that a general statute must yield could get the voice sample identified for admissibility as
to a special one. evidence.It is high time that the Legislative bodies paid
Courtesy: www.cyberblogindia.in attention to various Courts decisions where a constant
demand and dire need for inclusion of such tests have
been established.
Courtesy: www.livelaw.in
2
LAW AND BEYOND

Payment of Wages The Specified Bank Notes


(Amendment) Bill, 2017 passed (Cessation of Liabilities) Bill,
by the Rajya Sabha on 8th 2017 passed in Lok Sabha
February The Lok Sabha on 7th February, 2017 passed The Speci-
Our methods of payment have diversified with the pas- fied Bank Notes (Cessation of Liabilities) Bill, 2017. The
sage of time, but Indians love cash. It is conventional Bill was introduced by Mr. Arun Jaitley, Finance Minister
and satisfying. There is a larger, vaguer fear associated on 3rd February, 2017 and it replaces the Specified Bank
with other methods of money transfer, be it cheques or Notes (Cessation of Liabilities) Ordinance, 2016.
plastic money. The Bill seeks to end the liability of the RBI and the Central
On the same lines, Mr. Bandaru Dattatreya, Minister of Government on the currency notes demonetised in last
Labour and Employment, introduced the Payment of November through a Notification issued under the RBI Act,
Wages (Amendment) Bill in Lok Sabha on 15th December, 1934. Under the Notification, old Rs. 500 and Rs. 1,000
2016. However, he had to withdraw it from Lok Sabha on currency notes were allowed to be deposited in the banks
3rd February, 2017. The Government had undertaken the till 31st December, 2017. The Bill declares that holding,
Ordinance path because both the Houses were not work- transfer and receiving of old Rs. 500 and Rs. 1000 cur-
ing in December, when the Bill was passed. The Bill was rency notes after the stipulated date is a criminal offence,
passed in Lok Sabha on 7th February, 2017. The Rajya punishable with a minimum fine of Rs. 10,000 or the fine
of five times the value of notes possessed, whichever is
higher, and if the offence is committed by the company
or its member, the company will be held liable.
The Government under the Bill provided for a grace period
for depositing such notes with the RBI only to people who
were either not in the country during demonetisation or
due to the reason of them belonging to any other class of
persons as specified by the Government, provided they
declare the same during the deposit.
The Bill exempts a person who holds up to 10 old notes,
or, a person who owns up to 25 discontinued currency
notes for the purposes of study, research or numismatics,
Picture Courtesy: youthofchivalry.blogspot.in or a person who holds notes on the direction of a court.
In addition, the RBI or any person authorised by it, are
Sabha passed the Bill by a voice vote on 8th February,2017. also exempted from this prohibition.
Fundamentally, the Bill seeks to amend that section of Further, the Bill also specifies that fine will be imposed by
the Payment of Wages Act, 1936, which states that the the Court of a Magistrate of the First Class or the Court
written authorisation of the employee is necessary for of a Metropolitan Magistrate only.
payment through cheques or bank transfers. Courtesy: www.financialexpress.com & www.prsindia.org
Mr. Dattatreya assured the House by stating that this will
improve the compliance of labour laws. Exploitation of
workers is going on. There is cut in payments (of wages in
cash)... No way are we taking away the rights of workers.
This Bill is going to strengthen those. We want them to
get their wages through transparent manner.
Courtesy: www.prsindia.org & www.financialexpress.com

Picture Courtesy: newsbeeps.blogspot.com

3
LAW AND BEYOND

The Finance Bill, 2017 introduced in the Lok Sabha


The Finance Bill, 2017 was introduced in the Lok Sabha The limit applies to a single transaction or a number of
on 1st February, 2017. transactions related to a single event. Amendments to
The Bill, if passed, shall make it mandatory to quote the the Bill, however, seek to lower the limit from three lakh
Aadhaar number while applying for PAN card or filing In- rupees to two lakh rupees.
come Tax returns. In case a person does not have his Aad- Some contents of the Bill are controversial however.
haar Card, he would The Bill proposes to re-
have to quote his Aad- move the limit of 7.5% of
haar enrolment num- a companys net profit of
ber to indicate that an the previous three years,
application to obtain which is the amount it
the Aadhaar has been can currently donate to
filed. All persons hav- a political party. If the
ing a PAN card as on Bill is passed, compa-
July 1, 2017 and also nies will also not have
eligible for Aadhaar to disclose the identity
shall have to provide of the political parties to
the authorities their which it donates. It is al-
Aadhaar enrolment Picture Courtesy: aubsp.com leged that these changes
number by a certain will reduce transparency
date in a manner the government shall prescribe and encourage political
later. Failure to do the above would result in the PAN being parties to indulge in corruption.
invalidated, and the person will be treated in the same Courtesy: www.prsindia.org
manner as someone who has not applied for his PAN.
The Bill would also lower the limit of cash transactions.
Three lakh rupees is the maximum limit that can be per-
mitted in transactions with a single person on one day.

AS WE SEE IT

Delay in TDS not to be tolerated


The Income Tax Department has tightened the noose on remittances, even those employers who have delayed
employers who have deducted Tax Deducted at Source remittance of TDS deducted from their employees beyond
(TDS) from employees but defaulted on remitting it to the a reasonable time have been sent prosecution show-
government, causing serious inconvenience to employ- cause notices even though they have already remitted
ees who receive tax demand notices. This, however, has the tax with penalty.
not gone down well with the industry. Not just for non- Tax Deducted at Source (TDS) is a system introduced

4
AS WE SEE IT

by Income Tax Department, where a person


responsible for making specified payments
such as salary, commission, professional
fees, interest, rent, etc. is liable to deduct a
certain percentage of tax before making pay-
ment in full to the receiver of the payment. As
the name suggests, the concept of TDS is to
deduct tax at its source.
Sibichen K. Mathew, Commissioner of Income
Tax (TDS) said, This year, we have sent more
than 15,000 letters and prosecution notices
Picture Courtesy: youtube.com
to 150 firms, which were selected by an au-
tomated software based on the delinquency ment, even though the firm had remitted TDS with pen-
in these cases. Many firms have delayed remittance alty during the time of conviction. They have found that
for more than two years. Many have considered this to several companies that have been served prosecution
be a revenue stream and are rotating the corpus in their notices have wound up, vanished or resurfaced with other
business, which is a crime, he said during an interaction names. We are tracking down the directors of such firms
with members of the Federation of Karnataka Chamber and attaching their assets. In case of Kingfisher Airlines,
of Commerce and Industry on Wednesday. we have collected 151 crores by freezing bank accounts,
While many industrialists objected to the I-T depart- impounding pending tax refunds and other means. We
ment waking up now for delays in previous fiscals, Mr. will also get a share in the auction of Kingfisher House
Mathew said that in all the 859 cases where prosecution in Mumbai, Mr. Sibichen Mathew said.
show-cause notices have been issued, several letters had Not just private firms, but government departments and
been sent earlier alerting the firms on the delay. Of the Public Sector Units also figure in the list of defaulters.
859 cases, 223 defaulters have approached the depart- Prominent among those are the BBMP, Bangalore Univer-
ment for compounding of offences by paying interest and sity and the State Public Works Department. There is no
penalty, a three per cent compounding charge for every diversion or embezzlement of tax money in government
month from due date, in addition to the stipulated TDS, departments since most of these transactions are book
to escape prosecution. Their plea has been rejected, he adjustments. There are also some grey areas, which are
added. being contested at appellate tribunals. However, State
Meanwhile, the I-T Department, in a statement, has said government departments are very lax in filing quarterly
that a Special Economic Offences Court, Bengaluru con- reports of TDS deductions, which create problems for
victed the directors of a private firm for delay in remittance employees, Sibichen K. Mathew said.
and sentenced them to three years rigorous imprison- Courtesy: www.thehindu.com & www.indianexpress.com

NGT Directs Delhi Government to Pay


Sanitation Workers on Time
Piles of garbage lying outside colonies in east Delhi is a (NGT), headed by chair-person Justice Swatanter Ku-
common sight for residents of areas like Laxmi Nagar, marhas, directed that salaries of safaikaramcharis to be
PreetVihar, Krishna Nagar, New Ashok Nagar, Vinod Nagar paid on time. It has asked for detailed reports from the
and Khichripur. The reason for this plight is the refusal by MCD and state government over budget allocations for
sanitation workers to pick up garbage until their salaries the staffers salaries.
are paid. Around 2500 metric tonnes of garbage is generated every
In light of this, the bench of the National Green Tribunal day in East Delhi and the indefinite strike by the sanitation

5
AS WE SEE IT

ing them to collaborate for the


steps that have been taken to
remove waste from the locali-
ties. All municipal authorities
were asked to make an inte-
grated waste management plan
for Delhi, identify landfill sites
and improve condition of exist-
ing sites. The Delhi High Court
had passed an order asking the
government to remove garbage
in the trans-Yamuna area. The
Picture Courtesy: designblognews.com
Green Panel directed the re-
cording of the same.
workers of East Delhi Municipal Corporation (EDMC) has
The bench also said that people are suffering due to
created chaos in the Capital.
tussle between government and corporation.
The tribunal had already issued notices to the Ministry
The BJP has been in control of the civic body for the past
of Urban Development, Delhi government as well as the
ten years which goes to polls in April-May this year. Such
Sanitation Workers Union over this strike; summoning
a strike in the months preceding the elections are sure to
them. In mark of the protests, some workers dumped
affect the parties contesting the said elections.
garbage outside the office of Delhi Assembly Speaker
Courtesy: www.thehindu.com & www.indianexpress.com
Ram Niwas Goel.
The NGT also issued notices to the stakeholders, ask-

BEYOND BAR AND BENCH

previously been instrumental in taking some well analysed


Ex-IPAB Officio DPS Mr. Parmar and unconventional decisions in matters under sections
joins LexOrbis for guiding Patent 3(d), 3(i), (k) and 8 of the Patents Act, 1970 relating to
Prosecutions divisional applications, disclosure requirements, working
statements, compulsory license etc.
IP firm LexOrbis has hired the former IPAB Officer, Mr.
DPS Parmar as their senior consultant to deal with Pat-
ent issues. At LexOrbis, Mr. Parmar will be responsible
for handling pre and post-grant oppositions, appeals and
revocation actions. Mr. Parmar, in his almost three decade long career had
According to the firms press release, Mr. Parmar had represented India at various discussion panels organized

6
BEYOND BAR AND BENCH

by WIPO, attended programs at the European and Japa- covering due diligence, general commercial, corporate
nese Patent Office and was also involved in the recog- organisation, real estate and compliance. Its customers
nition of Indian Patent Office (IPO) as the 15th ISA and include some of the worlds largest corporations and
IPEA under the Patent Cooperation Treaty (PCT) and had professional services firms, have trusted Kira on hun-
headed the Intellectual Property Training Institute (IPTI) dreds of billions of dollars of M&A transactions. They
in Nagpur, which trains new IPO examiners. also deploy Kira for knowledge management, contract
Courtesy: www.asiaiplaw.com search, analytics, and other use cases where visibility
into contract provisions is critical.
Courtesy: www.indianexpress.com & www.info.kirasys-
Cyril Amarchand Mangaldas tems.com
Asias First Law Firm to Deploy
Artificial Intelligence for Legal AZB Corporate Partner Rishi
Work Gautam Likely to Return to Cyril
Amarchand after 10 Years
Reportedly, Cyril Amarchand Mangaldas (CAM) will be
hiring AZB & Partners corporate partner Mr. Rishi Gautam,
who had joined AZB in 2014, from Clifford Chance after
a short stint at Amazon. Although nothing is official yet
between Mr. Gautam and CAM, it is understood that he is
likely to join in the month of March, subject to the length
of his notice period.
Mr. Rishi Gautam, an NLSIU Bangalore 2001 graduate,
began his career at CAM. In 2008, after a short stint
Picture Courtesy: designblognews.com
at Freehills for two years, he joined Clifford Chance in
London till 2012.
Cyril Amarchand Mangaldas (CAM) will be Asias first law After about 10 years of experience at dignified law firms all
firm to sign up for machine learning contracts software, over the world he is now all set to join as a partner at CAM.
said the firms press release on the occasion of comple- Courtesy: www.legallyindia.com
tion of its century long legacy.
While reflecting on a hundred years of the storied law
firm, Mr. Cyril Shroff, Managing Director of CAM said, Our Mr. Ajay Tyagi Appointed as New
clients expect us to be at the cutting edge of the practice SEBI Chief
of law, and of the business of law. We recognise that the
business challenges of our clients come first, and that The BJP led government on Friday appointed Mr. Ajay
we need a suite of different tools and advanced skills to Tyagi, senior bureaucrat in the Finance Ministry, to lead
address these. the Securities and Exchange Board of India (SEBI). Mr.
Reportedly, Kira Systems, a legal Artificial Intelligence Tyagi will succeed Mr. Upendra Kumar Sinha who will be
(AI) pioneer, whose elite clientele include firms like DLA completing his term on 1st March, 2017. Mr. Tyagi has
Piper, Clifford Chance LLP, signed a deal with CAM for its been in-charge of the capital markets division in the
document analysis software system. This AI system will economic affairs department since October, 2014 and
help CAM in identifying, analysing and extracting clauses headed the committee that crafted the draft code on
from contracts and other legal documents. resolution of financial firms. Besides these he has also
Kira Systems helps enterprises uncover relevant informa- represented India in International forums like the Financial
tion in unstructured contracts and related documents. Its Action Task Force for money laundering, terror financing
award-winning software excels at searching and analys- and the Financial Stability Board for monitoring global
ing contract text. Kira offers machine learning models financial systems.

7
BEYOND BAR AND BENCH

Mr. Tyagi had been RBIs nominee for a while in 2015 and This merger, which is to take effect in the years second
held initiative in corporate bond funds. Hence his knowl- quarter, will be the second large-scale combination for
edge in the said field is undisputed and makes him the Norton Rose, whose previous biggest merger was with
apt leader of the securities watchdog of India. the Texas firFulbright & Jaworski in 2013.
Many IAS Officers were eyeing on the said position, when This combination shall increase the arsenal of lawyers by
Mr. Sinhas exit was to commence. The selection panel about 1000, with there being more than 300 in New York
headed by the Cabinet Secretary had recommended and around 130 in DC. In 2015, Chadbourne had posted a
many names before Mr. Tyagi was finalized for the same. revenue of $249 million, while Norton Rose Fulbright had
Courtesy: www.economictimes.indiatimes.com posted a global revenue of $1.74 billion in 2015.
Rumours were rife since the time it was revealed that
Chadbourne waslooking for a combination, especially
Cyril Amarchand Mangaldas to after a few partners had left the firm, including Project
Review Infosys Corporate
Governance Standards
Corporate lawyer Cyril Shroff, who was hired by the Infosys
board to look into its corporate governance framework, is
set to prescribe a new governance code for the IT giant
aimed at addressing the concerns raised by its founders
on appointment of two independent directors.
The new code is being worked on the recommendation
of Mr. N. R. Murthy, co-founder of Infosys. The revamped
corporate code aims to plug the gap in the governance
norms which the founders have raised in the recent past.
Mr. R Seshasayee, Chairman of Infosys Group, mentioned
in an interview that CAM would develop a framework for Picture Courtesy: leadersleague.com

board members as to who would be independent direc-


tors and who would be nominee directors. He clarified Finance partnerMargarita Oliva Sainz de Aja, who joined
that CAMs role was not just to facilitate communication Baker McKenzie last month, and Bankruptcy partner
between the founders and the board, but to benchmark Douglas Deutsch, who joined Clifford Chance last summer.
the broader aspects of governance. Last fall when Kerrie L. Campbell, had sued the firm
The new code is aimed to encourage the board to be more for $100 million on behalf of current and former female
transparent and organized in times of rising shareholder partners, it had given vent to some negative publicity.
activism, especially in professionally managed companies This merger shall enhance the strengths of the two firms,
with a highly distributed ownership. and such was evident when Andrew A. Giaccia, Chad-
Courtesy: www.timesofindia.indiatimes.com bournes managing partner said that, Our global offerings
will be virtually unrivalled in many areas, from energy and
Norton Rose and Chadbourne infrastructure to finance, bankruptcy and restructuring,
to Combine in Latest Merger of litigation and regulatory work.
Courtesy: www.nytimes.com
Large Law Firms
Amidst continuing consolidation in the legal industry,
a couple of law firms have come to conclude that they
would be combining to form a global firm.

8
AROUND THE GLOBE

the extradition a farewell gift to President Obama. The


On The Wrong Side of the Wall: anonymous official also told that Mexico wanted to send
Joaqun El Chapo Guzmn a message to President-elect Trump that nothing is for
Extradited free.
Courtesy: www.cnn.com
Considered by the US Drug Enforcement Administration
as the Godfather of the drug world, Joaqun Archivaldo South Korean President, Park
Guzmn Loera (commonly known as El Chapo) was ex-
tradited to the United States on the night of 19th January Geun-hye removed from office
after his appeal to prevent extradition was denied by a after Impeachment
Mexican court.
Guzmn, who ran the largest drug cartel in Mexico, and Park Guen-hye, the former 11th President of South Korea
had, at many times, has been estimated to match the (2013-2017) was impeached by the Nations National
influence and reach of Pablo Escobar (another infamous Assembly on 9th December, 2016.
The impeachment motion was initiated by the Nations
three main opposition parties on 3rd December, 2016, on
the grounds that Geun-hye had violated the Constitution
and the Law. The final vote count was 234 to 56, which
was way beyond the two-thirds majority needed for the
impeachment motion to pass. More than 60 members
of Parks conservative party crossed the aisle to vote
with the opposition pushing for the impeachment and
the temporary suspension of her presidential powers
Picture Courtesy: viralcypher.com
and duties.
This motion as resulted in Hwang Kyo-ahn, the then
drug lord from Colombia). Notorious for escaping from Prime Minister,becoming the acting President of the
high security Mexican federal prisons twice, the drug Nation while the Constitutional Court of Korea decides
trafficker has been charged with 6 different indictments. whether to accept or reject the impeachment (which it
Guzmns extradition to the US was a lengthy process. did on March 10, 2017).
Guzmn was sentenced for conspiracy to distribute and Park has been accused of sharing confidential information
import cocaine and kept in Mexicos highest security and extorting millions of dollars from large corporations
prison, Altiplano, in July of 2015. Guzmn escaped from with a personal friend, Choi Soon-sil (who is the daughter
prison that month (and was subsequently recaptured of a religious sect leader). During a meeting with cabinet
in January 2016). Meanwhile in August 2015, a judge members Park apologized for causing national confu-
of Mexican court suspended (albeit temporarily), a US sion because of my lack of virtue and carelessness. and
extradition order for Guzmn for an unknown reason. said she would await the Courts decision with a calm
This, coupled with Guzmns escape, increased tension and clear mind.
in US-Mexico relations. In May, 2016, a Mexican judge Courtesy: www.zerohedge.com & www.cnn.com
granted Guzmns extradition to the US, but the extradi-
tion was again temporarily suspended later that month. Compensation Suit Filed By
Finally in October 2016, Guzmns appeal to prevent his
extradition was rejected by the Mexican courts and the German Volkswagen Owners
extradition process was initiated. Lawyers on behalf of a German owner of a Volkswagen
Although the Mexican officials formally denied a relation- diesel-powered vehicle set with a particular software
ship between Guzmns extradition and the US presiden- having the potent to cheat emissions tests, filed the
tial inauguration the following day, the Washington Post very first lawsuit with a view to seek compensation for
has reported that a Mexican official reportedly called damages suffered. As per the official website of Braun-

9
AROUND THE GLOBE

schweig district Court, MyRight(a Germany based firm), After the attack, India reached out to the UN asking to
presented the matter for the aggrieved consumer due to list Masood under the Al-Qaeda Sanctions Committee.
the scandal. It is worth mentioning that 535,000 US-based These efforts were opposed by China, which put two tech-
consumers have been paid damages by the Volkswagen, nical holds on the proposal and blocked it in the month
of December last year. The listing under the Sanction
Committee would freeze his assets and ban his travel to
countries including Pakistan.
After Indias efforts were blocked by China, USA brought
the proposal forward within weeks of the block. The
move to forbid Masood saw the backing of both UK and
France, with the countries pushing forward the proposal
at the UNs Sanctions Committee 1267 in the second half
of last month.
After consultations between USA and India, a final pro-
posal was prepared that termed JeM as a designated
Picture Courtesy: startribune.com

but they have refused to do the same in European coun-


tries. The reasoning according to them lies in differences
in regulations and hence they justify the act of offering
technical remedies only to European consumers. It needs
to be penned down that American-style class-action suits
are not allowed in Germany and therefore decision on
the present case holds importance as the verdict given
will be viewed as a model for the litigations to come in
future concerning other consumers seeking damages
Picture Courtesy: dawn.com
against Volkswagen.
In terms of the legal battles, Volkswagen has been fac-
ing the same around the world. South Korea declared in terror outfit and saying that its leaders cannot go free
December that it intends to go ahead with the imposi- and unpunished. This move by the Chinese diplomacy
tion of fines on Volkswagen over false advertising. Also comes days before the expiry of the deadline of 10-days
a Spanish court in October 2016 ordered Volkswagen to to adopt, block or put on hold any proposal. A hold
give damages to a owner of a vehicle purchased his car can only remain for a span of six months with a further
in 2011. Volkswagen is thus facing legal difficulty around extension of three months. During this period, the hold
the world over the emissions scandal. can be converted into a block at any point of time. A
block brings the life of the proposal to an end.
The UN had disallowed the JeM back in 2001 but, China
US goes to UN for Masood Azhars still continues to constantly oppose efforts by countries to
Ban; China thwarts it again get JeMs Chief banned by the UN. The opposition by the
Chinese is believed to be an action taken at the request of
The United States of Americas proposal to designate Pakistan, since both of them are considered to be allies.
Masood Azhar, chief of Pakistan-based terrorist group Courtesy: indianexpress.com & economictimes.india-
Jaish-e-Mohammed (JeM), as a global terrorist, has been times.com
put on hold by the Peoples Republic of China. Masood
Azhar is considered the mastermind of last years strike
on Pathankot air force base and additionally, some of the
deadliest terror attacks in India.

10
OPPORTUNITIES

speakers from National Law University (Delhi), and, in-


NUJS Journal of Regulatory cludes key influential stakeholders in the open move-
Studies on Right to Public ment, with representatives from international organiza-
Services [Volume 1, Issue 4] tions such as the UK Intellectual Property Office, Higher
Education Funding Council for England (HEFCE), Scottish
Last date for Submission is 30th June, 2017. Power, IP Australia, and, the European Commission tbc,
NUJS Journal of Regulatory Studies scheduled to be presenting institutional policy making perspectives. The
published in August, 2017, aspires to promote greater summit takes an interdisciplinary approach, presents
interest among the legal and social science academia, most recent research, and involves panels, practical
activists, NGO workers and legal professionals to under- exercises, group activities and case studies.
take research on issues related to right to public services. CIPSS17 is aimed at industry professionals, lawyers, the
The themes of the papers may be of the following prefer- public sector and students.
ably including empirical study: Venue: No. 10, The Square, University Avenue, University
Citizen Charter and Public Services of Glasgow, G12 8QQ, Scotland (UK)
Local Governance and Public Services Fore more information visit http://www.create.ac.uk
Reducing Litigation and Public Service
Enforcing Right to Public Service: Best Practices Call for Papers: RGNULs CASIHR
Implementation Lacunas and Lessons for the Future. Journal on Human Rights
The preferred length for paper is 5000-80000 words.
Manuscripts must be in English and should be sent by
Practice (CASIHR JHRP)
email to: papers.crsgpp@gmail.com. Submission deadline 20th May, 2017 by 11:59 p.m.
For more information visit http://crsgpp.nujs.edu/publi- The CASIHR Journal on Human Rights Practice (CASIHR
cations/online-journal/about-the-journal/ JHRP) is an Endeavour of the Centre for Advanced Stud-
ies in Human Rights (CASIHR) in furtherance of its aim of
Call for Papers: International understanding the expanding horizons of Human Rights
Journal of Intellectual Property Law and Practice. The theme for the second issue is
Human Rights Education in India.
Law and Economic Growth Submission Guidelines:
Submit your content to the first issue of IJIPLEG (ISSN: Long Articles Word limit of 6000 words.
2504-7175), via email at editor.ijipleg@outlook.com, lat- Short ArticlesWord Limit of 4000 to 4500 words.
est by 11th April, 2017. Case Comments Word Limit of 1500 to 2000 words.
The authors are free to choose any contemporary topic Book Reviews Word limit of 2000 to 2500 words.
related to Intellectual Property Law or Economic Growth. All submissions must be mailed at casihr@rgnul.ac.in.
Submission guidelines:
Co-authorship permitted with maximum two authors. Internships for Law students in
The font shall be Times New Roman, font size 10 with
single line spacing.
Law Comission
The paper shall be followed by Abstract of 300 words. The Law Commission of India provides opportunities by
holding Summer (May/June) Winter (November/Decem-
CREATe IP Summer Summit ber) Voluntary Internship Programme.
(CIPSS17) at the University of
The Programme is open for students pursuing studies in
Glasgow (26th 30th June, 2017) Law from recognized Colleges/Law Schools/Universities
Theme is Open Science and Open Culture with a special in India. Duration of internship will be 4 Weeks ordinarily.
focus on development in the Global South.
The programme is led by CREATe academics with guest The Law Commission pays no remuneration/expenses.
The interested law students pursuing studies (2nd and

11
OPPORTUNITIES

3rd year of three-year and 3rd to 5th year of five-year IISS and NLSIUs Conference on
law degree course only) at any recognized College/Law
School/University may send their applications in the
State of Accountability
enclosed format by 1st April, 2017 (in case of Summer (17th 18th October, 2017)
programme) and by 1st October, 2017 (in case of Winter
Deadline for abstracts (500 words): 30th May, 2017
programme).
This conference is jointly convened by Sylvia Bergh of
International Institute of Social Science, the Hague and
Interns will be required to present a research paper on a
Sony Pellissery of the Masters Programme in Public Policy
selected topic at the end of their study and also undergo
at National Law School of India University, Bangalore.
other studies assigned and prepare notes on it and submit
Both these institutions are funded by a collaborative
to the concerned officer for evaluation and suggestions,
research by NWO-ICSSR
if any, by the Commission.
The conference organizers are also in touch with Edward
Elgar for publishing selected papers from the conference.
A certificate will be issued to the Intern at the end of her/
Full papers submitted prior to 5th October, 2017 will be
his internship after evaluation of the research paper or
considered for the publication.
assessment of the work done.
Fore more information visit http://lawcommissionofindia.
For details and clarification, the conference organizers
nic.in
could be contacted at:
Sylvia Bergh: bergh@iss.nl
Sony Pellissery: sonyp@nls.ac.in

KNOW YOUR FACULTY

Dr. Anita Kumari is an academic professional and has recently joined


us as an Assistant Professor in College of Legal Studies. She has around
3 years of teaching and administrative experience.
She has been a gold medalist in her Post Graduation degree (M.A.)
and was awarded her Ph.D. on the topic of Naxalism- A Study in
Peace Approach in Special Reference to Jamshedpur in Jharkhand
from Banasthali University. She has a Post Graduate Diploma degree
in Women and Human Rights.
Dr. Anita Kumari The CoLS Newsletter has been fortunate to have had the pleasure
of interviewing Dr. Kumari.

12
KNOW YOUR FACULTY

1. Tell us something about yourself.


Besides being a teacher, I love listening to music and having ice-cream, but its Nature, that is closest to my heart.

2. Why did you choose this profession/field? Why UPES?

I enjoy researching and discussing which can be best pursued in the teaching profession. UPES encourages research
work and publications which helps the faculty to grow and enrich their knowledge.

3. You have been an indulgent academician, and an inspiration to all. Who has/ have been a source
of inspiration in your life?
Ms. Sandipa Bhattacharyamy Science teacher during my school days, and my family have always been a constant
source of inspiration. My friends, mentors, teachers, colleagues and even strangers have inspired me at various
stages of my life.

4. You have done considerable research on the Naxalite movement. The Naxalite movement has
ravaged the eastern states of Bengal and other neighbouring areas. How persuasive has the Naxalite
movement been in bringing about a change in lifestyle, or in effecting a change in the thoughts of
the people domiciled in the affected areas in particular?
Summarizing this is a tough task. Civilians are partially affected. It is mainly the transportation that is interrupted with
trains getting derailed, lines being blocked, trains being hijacked, bandhs affecting markets and banks etc.; but the
administrators and ministers are severely affected resulting into instances of kidnapping/ murder.

5. Tell us something about your teaching style & philosophy.

I prefer both traditional and modern teaching techniques. Lectures to guest lectures, blackboard teaching to power-point
presentations, discussions to presentations, exams to research paper publications, I do not stick to single teaching
methodology. A combination of all of the above makes for a wholesome teaching initiative.

6. What has your perception of the students been so far? How much has the college atmosphere
changed in comparison to your college days?
Students are a keen learner these days. With the growing competition in the market, students have become more
focused. They are well aware of the fact, right from their college days, that, their education should fetch them a good
result. It is a loving job to teach them. Their queries and zeal to learn complements my teaching.
My students make me remember my college days. The facilities and faculty involvement are much bigger in UPES
while preparing the students for their future.

7. Could you recount any memorable moments from your stay at college or university?
It is difficult for me to recall any particular instance, but, each and every day during my college days have been memo-
rable. I miss my faculties and friends a lot and if given a chance, I would love to back to those days.

8. What advice do you have for the students?


Today both credentials and knowledge matter, but besides this, we should do something every day to feel the real joy,
may be by helping others or by spending quality time with family and friends.

13
KNOW YOUR ALUMNA

Ms. Aparna Kadian, an Alumna of UPES, B.A., LL.B. (2010-2015), has


recently cleared the Maharashtra Judiciary Examinations. Team
CoLS Newsletter had the pleasure of catching up with her.
Congratulations Ms. Aparna Kadian, on clearing the Maharashtra
Judiciary Examination.

Ms. Aparna Kadian


1. How has your experience at UPES helped in shaping your career?
Those five years at UPES have made me what I am today. The everyday challenges in the form of assignments, mid-
terms, end-terms, presentations, moot courts, research papers, we would have it all. On the brighter side, we used to
have co-operative teachers, friendly environment and friendly yet competitive class mates. Now, I have turned into a
very confident and well-groomed person. I was the gold-medalist of my batch. The habit of sitting and studying for
long hours helped me prepare well for Judicial Services examinations.

2. Were you always looking forward to take the Judiciary examinations? How much of an effort does
it take to prepare for such examination?
I wanted to be a Judicial Officer ever since I thought of taking up law for graduation. But as a backup, I wanted to have
all the qualifications which make the CV impressive enough for placement. I did various internships and one thing
which I realized after the internships was that I wasnt meant for the private sector. Therefore, I didnt even take part
in the placement process.
The kind of environment one needs while preparing for Judicial Services is completely different from the one which
we have in college. It requires a very conventional set up. You need to know the bare-acts thoroughly. I have been
devoting 14-15 hours a day to studies for past one and a half year. I think consistent hard-work in the direction of your
goal is what it takes to achieve it.

3. You are now an inspiration for all the students at UPES. Who has/have been your inspiration?

My mother is my inspiration. I come from Haryana. During the times when education of a girl child attracted a lot
of criticism for the parents and the girl, she managed to complete her higher studies. She cleared the Civil Services
examination four times but still couldnt get her dream chair. I have seen her struggling and smiling. I wanted to fulfill
her dream. I did not have an interest in Civil Services. Therefore, I aimed for the Judicial Services.

4. Looking back at your stay at UPES, if you had the opportunity, would you do anything differently?
I received Gold Medal during the Convocation for being the Best Student of CoLS. It was indeed a proud moment for
me and my family.

5. What advice or suggestion do you have for the budding law students?
Do not look for shortcuts. Inculcate the habit of working hard. Do your assignments yourself. Fix your goal and work
each day in the direction of your goal. Be true to yourself and befriend your teachers. I had amazing chemistry with
my teachers. I miss them as much as I miss my friends.

14
KNOW A LEGAL LUMINARY

Rajas Pingle graduated from ILS Law College in the year 2011. He is
currently a Partner at Netlawgic Legal Services, offering services to
combat cyber crimes, computer security related incidents, corpo-
rate espionage, financial frauds, data theft, hacking, and computer
security related issues, among others.

1. Could you provide us with an insight as in when and how did your
interest in Cyber Security spark?
Mr. Rajas Pingle
I have been a technology nerd from the early ages of my life with no intentions
whatsoever in pursuing law as a career. Since my parents were practicing law-
yers I got into law school. The first two years went by but I lacked precision. It was only in the third year of law, you
can say as Buddha obtained enlightenment, I obtained my illumination when I got introduced to this amazing world
of Information Technology Laws (Cyber Laws). That was the turning point in my life and from that day forward, I was
certain that I am going to pursue cyber law as my profession in an attempt to combine my technology knowledge with
law. When career and passion comes together, work doesnt seem like work anymore.

2. What challenges do you face, when prosecuting a cyber-criminal?

Very good question. See there are multiple challenges, first from the perspective of investigation. Many-a-times, the
police fail to conduct the investigation properly, and because of that the direct impact is on electronic evidence. If the
electronic evidence is not seized properly, it will not be appreciated in the court of law. This is one of the main reasons
why the criminals are getting away, scot free.

3. What are the procedures for incorporating the opinion of a Cyber Security expert witness?
As far as the government appointed Cyber Security experts are concerned, Sec.79A, of Information Technology Act,
lays down a very good base for that. There are several labs across India, and in a cyber-crime matter, these scientific
officers are called as expert witnesses. As far as a private person is concerned, these people can be called, but their
testimony will not have such weightage as that of a Scientific Officer, or a Government appointed expert witness.

4. Sec. 45, of the Indian Evidence Act, does it talk about the private witness, or the witness appointed
by the Court?
Sec. 45A talks about the Opinion of Examiner of Electronic Evidence. These are the expert examiners under the IT Act.

5. So, one can bring ones own witness, who may be an expert?
Yes that is possible, but only for a limited purpose. As far as the contents of the electronic record or electronic evidence
is concerned, the oral testimony of the expert examiner, again, who is appointed under Sec. 79A of the Information
Technology Act, 2000, will be taken into consideration.

6. Have you ever felt that there is a conflict between the Constitution of India, and the Information
Technology Act?
Section 69B of the Information Technology Act, where the enormous power has been given by the Central Government
to these agencies which are approved by the Central Government to approve, and/or block the data, from any computer.
Central Government has appointed Computer Emergency Response Team India in this regard. There are Information
Technology (Procedure and safeguard for Monitoring and Collecting Traffic Data or Information) Rules, 2009, regard-
ing the operation of these Government approved organizations, but I feel this this power should be more regulated.

15
KNOW A LEGAL LUMINARY

7. Could you provide us with some recent trends which has been followed with respect to Cyber
Defamation, in light of the recent judgment in Shreya Singhal v. Union of India?
This is a really sad story that even after Sec. 66A has been repealed, there is a plethora of cases which are being filed
under this Section. As far as cyber defamation law is concerned, there is only, one section which immediately comes
to my mind, and that is Section 500 of the Indian Penal Code, where a non-cognizable offencemay be registered.
However, it may not be very effective, for it is a non-cognizable offence, and so the police will not have much power,
and it will not act as a deterrent.

8. Could you provide us with some points or details with regards to Cyber Security as a choice of
career?
With regards to Cyber Security as a choice of career, I would say that many companies have now come up with their
own Cyber Security Cells. It is a very good option for a Cyber Security enthusiast to come forward and work in such a
department. The Copyright Infringement Cell as well as the Cyber Security Compliance Cell under this banner. Overall,
therefore, I think it is a good filed to work in.

9. What is your opinion of the integrated courses which UPES is offering, especially the Int. B.Tech.,
LL.B., courses with specialization in either IPR or Cyber laws?
I was surprised when I went through the course, and it is a wonderful initiative, for it is a combination of technology and
law. Not many people are fortunate to have the luxury of both these courses. Many of the engineers are not inclined
towards law, they either start their own company or work in some other firm, and do not take time to think about such
a profession. I think it is a really nice opportunity for the students at UPES.

STUDENTS ACHIEVEMENTS

Winner: Akanksha Memorial Best Delegate at IIM Kolkata


National Legal Essay Writing MUN and Special Mention at
Competition, 2016 CGC MUN
Sweta Singh, a final year B.A., LL.B. (Hons.) in Energy Harshit Iyer of B.Com., LL.B. (Hons.) in Taxation Laws, 2nd
Laws, student won the First prize in the Akanksha Me- year was awarded as Best Delegate in IIM Kolkata MUN
morial National Legal Essay Writing Competition, 2016 and also received Special Mention Award at CGC MUN.
organized by Hidayatullah National Law University.

Quarter-Finalist: 19th Sri SC Javali Memorial National Moot Court


Competition, 2017
Team comprising of Anmol Pareek, Gaurav Manchanda and Vinamra Prakash of 2nd year B.Com., LL.B. (Hons.) in
Taxation Laws, were the Quarter Finalist in the 19th Sri SC Javali Memorial National Moot Court Competition, 2017
organized by Sir Siddappa Kambali Law College, Dharwad, Karnataka.

16
STUDENTS ACHIEVEMENTS

Special Mention Award in IIT Best Orator Award: Amity Mock


Delhi Tryst Youth Parliament Parliament
Kshitij Singh of B.Com., LL.B. (Hons.) in Taxation Laws, Shivang Khanna of B.B.A., LL.B. (Hons.) in Corporate
1st year received special mention in IIT Delhi Tryst Youth Laws, 1st Year participated in Amity Mock Parliament
Parliament held on 25th-26th February, 2017. held on February 16-17, 2017 as Former Prime Minister
Shri Manmohan Singh and won the Best Orator Award
in Rajya Sabha.
Special Mention Award and High
Commendation: Delhi University International Scholarship:
Mock Parliament University of New Hampshire
Harsh Bhushan of B.Com., LL.B. (Hons.) in Taxation Laws,
Krishnam Goyal of final year, B.Tech., LL.B. (IPR) has re-
2nd year and Sameep Jain of B.A., LL.B. (Hons.) in Energy
ceived Scholarship from the University of New Hampshire,
Laws, 2nd year participated in Delhi University Mock Par-
Concord, New England USA for USD 8000.
liament held from 3rd-5th February, 2017 and won Special
Mention Award and High Commendation respectively.
Best Speaker Award: 3rd
Best Student Advocate Award: Damodaram Sanjivayya
Surana and Surana National Cor- National Moot Court
porate Law Moot Court Competition, 2017
Competition, 2017 Team comprising of Sahil Bhatia, Priyanka Sharma and
Samridh Bindal, Sayak Chatterjee and Shubh Agarwal Tushar Behl represented UPES in National Moot Court
of B.Com., LL.B. (Hons.) in Taxation Laws, 2nd year rep- Competition organized by DSNLU Visakhapatnam from
resented UPES in the National Moot Court Competition February 24-26, 2017 in which Priyanka Sharma of B.A.,
from February 17-19, 2017 held at JSS Law College. Team LL.B. (Hons.) in Energy Laws, 2nd Year was awarded the
from UPES qualified for Quarter Finals and won award Best Speaker of Preliminary Rounds.
for 4th Best Memorial. Sayak Chatterjee was awarded as
Best Student Advocate.

CAMPUS NEWS

Faculty Development Workshop, Outcome Oriented Inspirational


Teaching & Quality Legal Research
(January 3-7, 2017)
The five days Faculty Development Programme was con- Studies, University of Petroleum and Energy Studies,
ducted from 3rd to 7th January, 2017 in College of Legal Dehradun. The workshop based on the theme, Outcome

17
CAMPUS NEWS

Oriented Inspirational Teaching and Quality Legal Re- workshop. Prof. Shrihari Honwad, Vice Chancellor, UPES;
search, was marked by the presence of internal as well Prof. (Dr.) Kamal Bansal, Dean, CoES and Prof. (Dr.) Day-
as external resource persons who dealt with multifarious anand Pandey, Director, CoMES provided the faculties
issues relating to teaching and research methods. with valuable inputs to become proficient in teaching.
Eminent dignitaries, namely, Prof. (Dr.) S. C. Raina, Vice The workshop witnessed participation of all the faculties
Chancellor, HPNLU, Shimla; Prof. (Dr.) G.S. Bajpai, Reg- from College of Legal Studies and keynote speakers with
istrar, NLU, Delhi and Prof. (Dr.) Afzal Wani, Dean, USLLS, expertise supported with well-articulated presentations.
GGSIP University, Delhi graced the occasion with their It is rightly said, in learning you will teach, and in teaching
presence. Director, Prof. (Dr.) Tabrez Ahmad, Dr. Azim B. you will learn. The event was concluded on a conducive
Pathan, Dr. Ashish Verma, Dr. Priyanka Sharma Khan- note with distribution of appreciation mementos to the
duja, Dr. Sujata Bali and Mrs. Shruti Reddy from College key note speakers and certificates to the participants.
of Legal Studies also acted as keynote speakers in the

6th Techno-Legal Management Fest IGNITE, 2017 (February 17-18,


2017)
khand Government and was declared open
by Dr. Shrihari Honwad, Vice-Chancellor,
UPES on 17th February, 2017 in presence of
all the dignitaries, Prof. Dr. Tabrez Ahmad,
Director, CoLS; Dr. S. K. Pokhriyal, Associ-
ate Dean, PG, CoMES and all the Faculty
Members of CoLS and CoMES.
Various events namely, National Youth
Parliament Competition, National Trial
Advocacy Competition, Mediation Com-
petition, Visionary Lawyers, Mnemonist,
Funk with Junk, Case Comment Writing
Competition, Discussion Panel of Indian
Inauguration Ceremony- IGNITE 2017 in the presence of Mr. N. Ravi Shanker,
States, Case Analysis Competition, Turn-
Former Chief Secretary, Uttarakhand Government; Dr. Shrihari Honwad, Vice- coat, DMuLitS Quiz, etc were organized in
Chancellor, UPES; Prof. Dr. Tabrez Ahmad, Director, CoLS; Dr. S. K. Pokhriyal, the Fest. Apart from the competitiveness
Associate Dean, PG, CoMES and faculty members of CoLS and CoMES
of various events, a cultural night was
IGNITE is an Annual Techno-Legal-Management Fes- also organised to relieve everyone from the
tival where different colleges of UPES organize several fatigue by showcasing some amazingly talented dancers
competitions. This year, it was organized on 17th and and singers of UPES. Undoubtedly, Ignite17 has been
18th February, 2017 on the theme, Digital India: Prism of an enthralling extravaganza of everything interesting,
Possibilities and witnessed both In-house and National entertaining, informative and exciting.
participation. The effortless inauguration was witnessed
by Mr. N. Ravi Shanker, Former Chief Secretary, Uttara-

3rd National Trial Advocacy Competition, 2017 (February 17-19, 2017)


3rd National Trial Advocacy Competition was organized tion began on a positive note. The first day of the event,
by the Moot Court Association, CoLS, UPES from 17th was embellished with the gracious presence of the Chief
to 19th February, 2017. With the participation of more Guest, Mr. Devraj Singh, an Esteemed Legal Practitioner.
than 20 colleges from across the country, the competi- The event started with the traditional Saraswathi Vandana

18
CAMPUS NEWS

followed by an enlightening speech by our revered Chief


Guest. The event continued with registration of teams,
exchange of memorials, an intense witness allotment
and briefing to the participants.
The second day started with the preliminary rounds
which witnessed participation from 20 teams, eager to
prove their mettle. After a couple of rounds, and teams
depicting extreme tact and dexterity, 8 teams proceeded
towards the quarter-finals. The final day, began with
the semi-final round, comprising of 4 teams from Ideal
Institute of Management and Technology, Delhi; Amity 3rd National Trial Advocacy Competition Winners- Amity
Law School, in the presence of Dr. Shrihari Honwad,
Law School, Noida; UILS Punjab; and Praveen Gandhi Vice-Chancellor,UPES and Prof. (Dr.) Tabrez Ahmad,
College, Mumbai. The teams which inched closer to the Director, CoLS, UPES
winning trophy were UILS Punjab and Amity Law School
and gracefully presided over the Valedictory Ceremony for
Noida and finally Amity Law School, Noida emerged as
the Competition. Best Trial Advocate award was bagged
the Winners of the Competition. Justice Ravi R. Tripathi,
by Pushkar Keshav, Christ University, Bengaluru while the
Former Judge, Gujarat High Court and Present Member of
Best Memorial Award was conferred to University Institute
the Law Commission of India; Mr. Siddharth Jayaprakash
of Legal Studies, Punjab University, Punjab.
and Mr. Ashish Chakraborthy, well-known Legal Profes-
sionals, were kind enough to adjudicate the final rounds

2nd National Mediation Competition Maadhyastham


(February 17-18, 2017)
Mediation is a dynamic, structured, interactive process
where a neutral third party assists the disputing parties
in resolving conflict through the use of specialized com-
munication and negotiation techniques focusing primarily
upon the needs, rights, and interests of the parties. The
mediator uses a wide variety of techniques to guide the
discussion in a constructive direction in order to help
the parties find an optimal solution. The 2nd National
Mediation Competition was held in the Kandoli Campus
on 17th and 18th February, 2017 and students depicted
extreme enthusiasm in participating in the competition.
Vishwaraj Panwar, of B.Com. LL.B., 3rd year won the Best
2nd National Mediation Competition - Maadhyastham
Mediator Award in the competition.

Interactive session with Avani Bansal (February 24, 2017)


Avani Bansal, is the Founding Partner of Avani Bansal she pursued B.A. LL.B. (Hons). She has pursued Bach-
Chambers, popularly known as, ABC, a litigation and policy elor of Civil Law from University of Oxford, UK and has
chamber based in New Delhi. She is also the Founder completed her LL.M. from the Harvard Law School, USA.
of Hamara Kanoon, a legal awareness project which The topic of the session was, Post Trump and Modi,
explains important laws in Hindi in a video format on Where Is the World headed and What Should We Do About
YouTube. A woman of extraordinary talents, she had a It - Making Sense of the Insensible. The guest lecture
stellar academic record, winning eight gold medals at was centered on the broad theme How to plan your way
Hidayatullah National Law University, Raipur, India, where through law school.

19
CAMPUS NEWS

Annual Blood Donation Camp (February 20-21, 2017)


An Annual Blood Donation Camp was organized in the
Kandoli Campus of UPES on 20th and 21st February, 2017
by the Directorate of Student Affairs Team in collabora-
tion with Blood Bank of Indian Medical Association and
Shri Mahant Inderesh Hospital Trust. Day one and two at
Kandoli saw a donation of 603 units and day three, four
and five at Bidholi Campus had 1521 donations, making
a total of 2124 donations which is a record in history of
UPES. The objective was to instil and spread the idea and
Annual Blood Donation Camp at Kandoli Campus; Mr. importance of blood donation and to encourage students
Arun Dhand (Director, Govt. Relations);Mr. Sanjiv Zutshi
(Senior Director-Operations); Mr. Manish Madaan
towards the good cause.
(Assistant Director, DSA)

IVth Novice Moot Court Competition (February 4-6, 2017)


The 4th Novice Moot Court Competition was organized Tabrez Ahmed, Prof. Sampath Kumar, Dr. Ashish Verma,
by Moot Court Association from 4th to 6th February, Dr. Sujata Bali and Ms. Pooja Gautam. The winners of the
2017 in College of Legal Studies, UPES, Dehradun. The competition were Shruti Mandhotra, Shubham Mudgil and
event was organized with the motive to promote mooting Jigyasa Pahwa. Best Researcher Award was bagged by
culture among freshers and to polish their researching Adhish Chandra Saxena and Best Speaker Award went
skills. Around 70 teams registered from various courses to Pranjjal Sharma. Team comprising of Pranjjal Sharma,
of law. The problem was based on the fundamentals of Tejaswini Garg and Shruti Sharma secured the Runners-up
Contract and Constitution. Around 36 teams participated spot. Best Memorial Award went to the team comprising
in the oral rounds conducted on 4th & 5th February,2017. of Garima Sharma, Nandini Acharya and Archita Srivas-
Further, finals were organized on 6th February which was tava from CoLS.
witnessed by students of CoLS and judged by Prof. Dr.

Enervions International Essay Writing Competition, 2017


(February 28, 2017)
College of Legal Studies, UPES Dehradun in collaboration from across the globe, namely, Prof. Arnaldo Sobrinho,
with Surana & Surana International Attorneys, Chennai University of Paraiba, Brazil; Ms. Elizabeth Chien-Hale,
organized, 2nd Enervions International Essay Writing Faculty of Law, University of Toronto, Toronto; Prof. Srivid-
Competition 2017. The last date for submission was hya Ragavan, Professor of Law, A&M University School
February 28, 2017. This years theme was Climate Change of Law, Texas; Dr. M.K. Ramesh, Professor of Law, Na-
and Sustainable Development, one of the most discussed tional Law School of India University, Bangalore; Mr.
topic in International arena. The advisory committee for Yogesh Anand, AVP Legal, GMR Energy; Mr. Mohammed
the competition comprised of Prof. Dr. Tabrez Ahmad Naseem, Chairman & Managing Partner, Global Law of
Director, College of Legal Studies, UPES; Prof. Sampath Liaison Services; Mr. Apoorva Misra, Partner, Jyoti Sagar
Kumar, Industry Fellow, College of Legal Studies, UPES; Associates, New Delhi; Dr. Vinod Surana, Partner & CEO,
Dr. S. Ravichandran, Advocate & Head, Academic Initia- Surana & Surana International Attorney, Chennai. Results
tives, Surana & Surana International Attorneys, Chennai; are awaited for this competition.
Dr. Azim B. Pathan, College of Legal Studies, UPES.
The jury for the competition comprised of legal luminaries

20
FACULTY ACHIEVEMENTS

Dr. Tabrez Ahmad


Key note speaker and expert panelist in the National Workshop on Demonetisation, Digitisation, and Regulation
of E-commerce organised by Indian National Bar Association, Techlegis and Symbiosis International University
held in Delhi on 28th January, 2017.

Dr. Mamta Rana


Presented a Research Paper entitled Unification of Personal Laws and Rights of Women held at University In-
stitute of Legal Studies, Chandigarh University on 25th February, 2017.

Dr. Azimkhan Bahadarkhan Pathan


Acted as a Resource Person in Five days Faculty Development Workshop Outcome Oriented Inspirational Teaching
& Quality Legal Research held at College of Legal Studies, University of Petroleum & Energy Studies, Dehradun
on 5th January, 2017.

Dr. Sujata Bali


Acted as a Resource Person in Five day Faculty Development Workshop Outcome Oriented Inspirational Teaching
& Quality Legal Research held at College of Legal Studies, University of Petroleum & Energy Studies, Dehradun
on the topic: Blue Book 20th Edition - Citation Method, Proof Reading and Editing from 3rd to 7th January, 2017.

Dr. Sandhya Kumari


Interned under Advocate-on-Record Mr. Sudarshan Rajan, SITHYA, Chamber 224, New Lawyers Chambers, Su-
preme Court, New Delhi-110001 as a part of Abhigyat Program from 9th to 24th January, 2017.
Attended Orientation Course on Migration at Centre for Development Practice and Research, TISS, Takshila Campus
from 20th to 26th February, 2017.

Dr. Gagandeep Kaur


Attended workshop on Intellectual Property Rights for MSME conducted by PHD chambers in Dehradun on 24th
January, 2017.

Ms. Charu Srivastava


Interned at Anand & Anand Law Firm, Noida as a part of Faculty Attachment Program (Abhigyat) supported by
College of Legal Studies, UPES from 15th to 30th January, 2017.
Presented a Research Paper entitled Cyber Terrorism in Rakesh Aggarwal Memorial International Law Seminar,
2017 organized by School of Law, IIMT Delhi on 21st January, 2017.

Mr. Shubham Srivastava


Presented a paper entitled Juvenile Justice System in India: Constitutional Perspective in National Seminar on
New Generation Laws organized by Chandigarh University on 25th February, 2017.

21
FACULTY ACHIEVEMENTS

Mr. Ashish Jain


Consulting Editor (Honorary) for period January, 2017- December, 2017 for International Journal of International
Review of Contemporary Legal Issues, ISSN 2456 3730.

Ms. Vandana Bakshi


Attended workshop on Intellectual Property Rights for MSME conducted by PHD chambers in Dehradun on 24th
January, 2017.

Ms. Puja Kumari


Attended workshop on Intellectual Property Rights for MSME conducted by PHD chambers in Dehradun on 24th
January, 2017.
Presented a Research Paper entitled Insolvency & Bankruptcy Code, 2016- Critical Analysis in National Seminar
on New Generation Laws organized by Chandigarh University on 25th February, 2017.

GALLERY

Faculty Development Workshop, Outcome Oriented Inspirational


Teaching & Quality Legal Research (January 3-7, 2017)

Faculty members, College of Legal Studies, UPES with Prof. Dr. Afzal Wani, Dean, USLLS, GGSIP University, Delhi and Prof. Dr.
Tabrez Ahmad, Director, CoLS, UPES

22
GALLERY

6th Techno-Legal Management Fest IGNITE- 2017


(February 17-18, 2017)

Prof. Bangar Raju (Port and Ship-


Mr. N. Ravi Shanker, Former Chief
ping), CoMES; Prof. Karunakar Jha, Mesmerizing Performance at
Secretary, Uttarakhand Government;
CoMES; Prof. Dr. Tabrez Ahmad, Cultural Night, IGNITE-2017
Prof. Dr. Tabrez Ahmad, Director,
Director, CoLS; Dr. Shrihari Honwad,
CoLS; Dr. S. K. Pokhriyal, Associate
Vice-Chancellor, UPES; Mr. N. Ravi
Dean, PG, CoMES (left to right)
Shanker, Former Chief Secretary, Ut-
tarakhand Government (left to right)

Dr. Mamta Rana, Dr. Azimkhan Bahadarkhan Pathan, Dr.


Sujata Bali, Prof. Dr. Tabrez Ahmad, Director, CoLS, UPES; Valedictory ceremony of IGNITE-2017 on 18th Feb, 2017 in
Dr. B. S. Negi, former Director GAIL India Ltd; Dr. Ashish the auspicious presence of Dr. B. S. Negi, former Director
Verma, Dr. Shikha Dimri, Mohd. Shakeib Naru (left to right) GAIL India Ltd, as Chief Guest; Prof. (Dr.) Tabrez Ahmad,
Director, CoLS; faculty Members of CoLS

Inaugural Ceremony of 6th Techno-Legal Management Fest IGNITE 2017(February 17-18, 2017)

23
GALLERY

3rd National Trial Advocacy 2nd National Mediation


Competition, 2017 Competition Maadhyastham
(February 17-19, 2017) (February 17-18, 2017)

Mr. Ashish Chakraborthy, Advocate, Justice Ravi R. Tripathi, Mr. Ashish Jain, Dr. Priyanka Sharma Khanduja, Dr. Sandhya
Former Judge, Gujarat High Court and Present Member of Kumari as judges (left to right)
the Law Commission of India and Mr. Siddharth
Jayaprakash, Legal Professional (left to right)

Mr. Devraj Singh, Independent practitioner at Delhi High Prof. (Dr.) Tabrez Ahmad,Director, CoLS, UPES, addressing
Court with Mr. Sanjiv Zutshi, Senior Director, Operations, the gathering at the inauguration ceremony of 3rd
UPES National Trial Advocacy Competition,2017

Participants with the coveted 3rd National Trial Advocacy Justice Ravi R. Tripathi, Former Judge, Gujarat High Court
Trophy and Present Member of the Law Commission of India
addressing august gathering of 3rd National Trial Advo-
cacy Competition, 2017

24
GALLERY

Jigyasa Pahwa, Shruti Mandhotra, Shubham Mudgil; Winners IVth Novice Moot
Court Competition ,2017

Best orator award in Amity Mock Parliament to Shivang


Khanna (B.B.A., LL.B. (Hons.) in Corporate Laws

Krishnam Goyal of final year, B.Tech., LL.B. (Hons.) in IPR has


received Scholarship from the University of New Hampshire,
Concord, New England USA for USD 8000

Best Student Advocate Award to Sayak Chatterjee


in Surana and Surana National Corporate Law Moot
Best orator award in Amity Mock Parliament to Shivang Court Competition, 2017. Shubh Agarwal, Sayak Chat-
Khanna B.B.A., LL.B. (Hons.) in Corporate Laws terjee and Samridh Bindal, B.Com.,LL.B. (Hons.) (Taxa-
tion Laws, Year II) (left to right)

25
Editorial Board

Chairman: Faculty Coordinator: Faculty In-charge:


Dr. Tabrez Ahmad Dr. Sujata Bali Ms. Charu Srivastava

Faculty Media Coordinator: Faculty Managing Editor: Design Editor:


Ms. Puja Kumari Mr. Sakshat Bansal Mrs. Suparna Ghoshal

Student Media Coordinator:


Student Editor-in-Chief: Student Associate Editors: Amartya Shrivastava
Biswaroop Mukherjee Aniket Chatterjee
Anushka Dhawan Student Assistant Editors:
Neha Singh Ameya Sapre
Student Senior Editors: Siddhant Sharma Ankit Singh
Ayushi Verma Ankita Agarwal
Nitish Chandan Anushka Arora
Rachiyta Jain Student Managing Editor: Anushtha Srivastava
Saransh Vijay Abhishek Anand Ashutosh Joshi
Girdhar Khattar
Krishna Pallavi
Student Designer: Student Assistant Manag- Kunjal Jawaria
Abhay Singh Sengar ing Editor: Nitish Paraskar
Shubham Dave Pranjjall Sharma
Pritika Bhasin
Saurabh Srivastava
Vishwaraj Panwar

Felicitation of College of Legal Studies: Team Newsletter 2016


First row (left to right): Saransh Vijay, Shatrunjay Bose (Student Editor-In-Chief), Saif Rehman Ansari
(Student Managing Editor), Prof. (Dr.) Tabrez Ahmad (Director, CoLS), Mr. Anubhav Jha (Faculty Manag-
ing Editor), Dr. Sujata Bali (Faculty In-charge), Ms. Charu Srivastava (Faculty Media Coordinator), Girdhar
Khattar
Second row (left to right): Biswaroop Mukherjee, Abhishek Anand, Krishna Pallavi, Anushka Arora, Aniket
Chatterjee, Neha Singh, Ayushi Verma, Amartya Shrivastava

S-ar putea să vă placă și