Thorat & Associate's

  The post Call for Papers: Gujarat National Law University’s SRDC ADR Magazine [Vol II, Issue IV]: No Fees, Submit by Feb 25 appeared first on Lawctopus . from Lawctopus https://ift.tt/F0MGXW425

  The post JOB POST: Law Faculties at S.S. Khanna Girls’ Degree College, Prayagraj [7 Positions]: Apply by Feb 20 appeared first on Lawctopus . from Lawctopus https://ift.tt/pUV6oQwRe

By Prof Upendra Baxi No doubt Indian citizens, and even persons within jurisdiction, are entitled to crucially important fundamental and human rights. And it may sound strange, but it is true that our Constitution does not expressly guarantee any fundamental right to citizenship, nor has it yet been frontally declared as a basic human right flowing from the basic structure and essential features of the Constitution. Indian law and practice concerning citizenship have developed, rightly, as a felt necessity of the times of sub-Continental Partition. The constitutional provisions (Articles 5-11 of the Second Part) have been left largely to the bureaucracy (which has declared a vast empire of administrative discretion) and Parliament which may formally amend the Constitution and laws, almost as it pleases. It has further the power to make and change the citizenship law. For example, the Citizenship (Amendment) Act, 2019, seeks to amend the Citizenship Act, 1955, by providing Indian cit

  The post Online Internship Opportunity with NITI Aayog: Apply by Feb 10 appeared first on Lawctopus . from Lawctopus https://ift.tt/QJu2oLYOy

The Delhi High Court on Friday altered the conviction and order on sentence of a person charged for the offence of robbery to undergo punishment under Section 392 (prescribing punishment for robbery) of the Indian Penal Code, 1860, rather than Section 397 (prescribing punishment for robbery with attempt to cause death or grievous hurt) on the ground that the prosecution failed to prove the use of a deadly weapon. The Single-Judge Bench of Justice Mukta Gupta observed that in case of knife or blade, the nature of weapon of offence needs to be proved. The Bench noted thus: “It is well settled that whether the weapon of offence is deadly or not, is a question of fact which would depend on the nature of weapon used in the offence……. Though it is not essential that the weapon of offence should be recovered to prove the nature of the weapon used and that a deadly weapon was used at the time of commission of the offence, however, the prosecution is required to prove the nature of the weapon

  The post Paid Internship Opportunity at BPRD (Bureau of Police Research & Development): Apply by Feb 28 appeared first on Lawctopus . from Lawctopus https://ift.tt/Ag4YmnhXP

  The post 13th NLU Anti-Trust Law Moot Court Competition by NLU, Jodhpur [March 11-13]: Cash Prize Worth Rs. 1L, Register by Feb 2 appeared first on Lawctopus . from Lawctopus https://ift.tt/Mz4beaCKs

  The post 1st NUJS SILP Essay Competition on International Law [Cash Prizes upto Rs 10K]: Submit by Feb 15 appeared first on Lawctopus . from Lawctopus https://ift.tt/R9NtbDgBV

  The post [Video]: Various Fields of Corporate Law: M & A, Private Equity, Project Finance, Capital Markets – Madhavan Srivatsan appeared first on Lawctopus . from Lawctopus https://ift.tt/qBFQ4eH8f

A petition seeking action against the officials involved in India-Israel defence deal has been filed in Supreme Court. In this petition, the petitioner sought action against the officials involved in this deal including the Prime Minister Narendra Modi. Citing 2017 report, the petitioner also sought direction for recovery of the payment made in India-Israel defence Israel. Apart from this, the petition has also sought a direction to investigate the matter and demand action, through the SIT set up by the Supreme Court to investigate the Pegasus case. The petition has sought investigation and action under sections 65, 66 and 72 of the IT Act, 3 of the Official Secrets Act and sections 408, 409 and 120-b of the IPC. In fact, Supreme Court lawyer ML Sharma, citing a New York Times report in the Supreme Court, said that the New York Times investigation report revealed that in 2017 there was a defense deal between India and Israel in which weapons and intelligence are similar to Israel.

  The post CfP: International Journal of Law Management & Humanities [Vol 5, Issue 1 (Issue 25) [Indexed, 23 Databases – HeinOnline, Manupatra, ROAD – PIF 5.180, Hard Copy, FREE DOI, LIVE Tracking, Rated 4.9/5]: Submit by Feb 5 appeared first on Lawctopus . from Lawctopus https://ift.tt/EX5wfhpZ9

  The post 1st CNLU-CCI National Moot Court Competition [March 11-13, Online]: Cash Prize Worth Rs. 80K, Internship Opportunity, Register by Feb 6 appeared first on Lawctopus . from Lawctopus https://ift.tt/E3mfIkcjK

  The post Call for Papers: National Forensic Sciences University’s Journal of Law and Artificial Intelligence: Submit Now! appeared first on Lawctopus . from Lawctopus https://ift.tt/VQB0nNkW7

  The post Call for Blogs: VIPS Law Blog [VLB]: No Fees, Submission on a Rolling Basis appeared first on Lawctopus . from Lawctopus https://ift.tt/6XonvZKLc

  The post Call for Papers by CALR Journal of Applicable Law & Jurisprudence [CALR JALJ]: Rolling Submissions appeared first on Lawctopus . from Lawctopus https://bit.ly/3u8JPGl

  The post CfP: International Seminar on Crimes against Religious Minorities in South Asia by Geeta Institute of Law [March 26, 2022]: Submit by Feb 15 appeared first on Lawctopus . from Lawctopus https://bit.ly/3g4Vxtt

By Kenneth Tiven in Washington In an announcement that surprised almost no one, US Supreme Court Justice Stephen Breyer said he will retire at the end of this court term, giving President Joe Biden his first opportunity for a high court appointment. Breyer at age 83 had hinted at this over the past year. No matter whom Biden appoints, it will not dramatically shake the nine person Court’s ideological balance which at the moment is dominated by seven conservatives, six of whom are white males. Former president Donald Trump had jammed in Amy Coney Barrett at the end of his term to replace Ruth Bader Ginsburg, who had declined to retire while Barack Obama was president, believing a Democrat would beat Trump. Biden on the campaign trail said he would name an African-American woman to the Court. Court appointments are exempt from the filibuster requirement for 60 votes, meaning that the Democrats, with Vice President Kamala Harris breaking the 50/50 tie can prevail. This assumes no Democr

The Indian judiciary, has time and again, upheld the right to privacy. Courts in their orders/judgments have observed that any private conversations of any individual have to be protected unless it is undermining national security and sovereignty. Recently, a single-judge bench of Justice Chandra Dhari Singh set aside two orders passed by a Special Judge who had framed charges against Jatinder Pal Singh in 2012 in a case registered by the CBI, on the basis of evidence gathered through such illegal means. “It is also relevant to add here that if the directions of the Hon’ble Supreme Court in PUCL which are now re-enforced and approved by the Hon’ble Supreme Court in KS Puttaswamy as also the mandatory rules in regard to the illegally intercepted messages/audio conversations pursuant to an order having no sanction of law, are permitted, it would lead to manifest arbitrariness and would promote the scant regard to the procedure and fundamental rights of the citizens, and law laid down by

  The post Single Credit Certificate Course on Criminal Justice Institutions in India by NLUO and CHRI: Register by Feb 10 appeared first on Lawctopus . from Lawctopus https://ift.tt/3IQl8Tj

  The post Guest Lecture on ‘Pre-Arbitration Procedures: Roadblocks to Resolution’ by CCADR, CNLU [Jan 30, 3 PM]: Register Now! appeared first on Lawctopus . from Lawctopus https://ift.tt/3siv959

The Supreme Court on Friday said it was leaving the decision to grant reservation in promotion to employees falling under the category of Scheduled Castes and Scheduled Tribes in government jobs to the states themselves. A three-Judge Bench comprising Justice L. Nageswara Rao, Justice Sanjiv Khanna and Justice B.R. Gavai passed a slew of directions regarding the matter. As per the Apex Court: The state is obligated to collect quantifiable data regarding adequacy of representation. Cadre should be unit for collection for quantifiable data for reservation. The collection cannot be with respect to the entire class/class/group, but it should be relatable to Grade/Category of post to which promotion is sought. Cadre should be the unit for collecting quantifiable data. it would be meaning less if collection of data is w.r.t the entire service. Nagaraj judgment of 2006 would have a prospective effect. The conclusion in BK Pavitra (II) approving the collection of data on the basis of grou

By Devender Singh Aswal The New India script has multiple dimensions, including proposed changes in the Indian Administrative Service (Cadre) Rules, 1954, by the Government of India. But states seem to be exceedingly wary, so much so that there is a forewarning of launching a people’s movement.  The chief ministers of West Bengal, Chhattisgarh, Rajasthan, Jharkhand and now Kerala have written letters to the prime minister strongly opposing the proposed changes. Other states may join the chorus of protests as they view the move as an erosion of India’s federal structure, destructive of the spirit of cooperative federalism, the cornerstone of Indian nationhood. An incipient Opposition is coiling in the states and a larger segment of the bureaucracy as well for obvious reasons. The states, including many NDA-ruled states, are apprehensive that the proposed changes, once effected, would confer overarching powers to the Union government in the posting of IAS officers. This may be followe

Coming down heavily on the National Investigation Agency (NIA) for their lack of effort in gathering independent evidence and improper recording of confessions, the Kerala High Court has acquited two prime accused in the 2006 twin bomb blast case of Kozhikode district.  A Division Bench of Justices K Vinod Chandran and C Jayachandran on Thursday observed that there was no reliable evidence regarding preparation or commission of the crime that would incriminate the accused beyond any  reasonable doubt.  The Bench further noted that the approver’s evidence, relied on heavily by the prosecution, was unreliable and uncorroborated, under Section 25 and 26 of the Evidence Act. The case pertained to the twin bomb blasts in the Kozhikode KSRTC and Mofussil bus stands on March 3, 2006. Nine people were arrested for allegedly conspiring, planning and executing the twin blasts, including Thadiyantevida Nazeer and Shafas. Investigation into the blasts was first taken over by the Crime Branch

  The post 2nd ILNU (Institute of Law, Nirma University) International Mediation Competition [Mar 11-13]: Register by Feb 5 appeared first on Lawctopus . from Lawctopus https://www.lawctopus.com/2nd-ilnu-institute-of-law-nirma-university-international-mediation-competition/

  The post SPIL’s 12th Government Law College International Law Summit, Mumbai [March 25-27]: Register by Feb 2 appeared first on Lawctopus . from Lawctopus https://www.lawctopus.com/government-law-college-international-law-summit/

As a law aspirant, it is. important to keep up with legal GK and news. One such important topic is relating to hate speech. Read here! The post CLAT Legal News: Supreme Court to Hear PIL on Hate Speech appeared first on Lawctopus . from Lawctopus https://lawctopus.com/clatalogue/legal-news-clat-supreme-court-pil-hate-speech-cases/

  The post JOB POST: Judge Advocate General [JAG 2022] 29th Course at Indian Army [SSC] (9 Vacancies): Apply by Feb 17 appeared first on Lawctopus . from Lawctopus https://www.lawctopus.com/judge-advocate-general-jag-29th-course-oct-2022-indian-army-ssc-job-post/

  The post Pride Circle’s Youth Changemakers Program (YCP): Voluntary, 2-Month Online Internship: Apply by Feb 5 appeared first on Lawctopus . from Lawctopus https://www.lawctopus.com/prode-circle-youth-changemakers-program-ycp-voluntary-online-internship/

A local court has rejected the bail application of a 20-year-old man under the Narcotic Drugs and Psychotropic Substance (NDPS) Act, who had alleged serious charges against former zonal director of Narcotic Control Bureau (NCB) Sameer Wankhede.  Wankhede is currently posted with the Directorate of Revenue Intelligence. The NCB sleuths had recovered 1.32 gm  LSD, 22 gm ganja and one dab of cannabis from Zaid Rana’s house in Mumbai. A charge sheet against Rana and three others was filed by NCB, after which Rana filed the bail application. Advocate Ashok Saraogi, representing Rana, told the court that the accused lived in a flat which is adjacent to the flat that is owned by Wankhede. The officer had given out his flat on rent and the petitioner claimed that due to some differences between Wankhede’s tenant and Rana’s parents, Wankhede had raided his residence. He further alleged that Wankhede was settling personal score by creating “false and fabricated evidences”. The plea further e

  The post World Bank & Financial Times’ Blog Writing Competition 2022 on ‘How Can We Improve Education’: Submit by Jan 31 appeared first on Lawctopus . from Lawctopus https://ift.tt/3HxQflK

The Supreme Court will continue its hearing on appeal filed by Manoj Kumar Tiwari & Vijender Gupta Bhartiya Janta Party leaders against the Delhi High Court order which had dismissed their petition seeking quashing of summons issued to them in a defamation case filed by Deputy CM Manish Sisodia. A bench led by Justice Hemant Gupta and Justice V. Ramasubramanian will hear the matter. The Top Court in January last year had stayed the defamation proceedings against BJP MP Manoj Tiwari and MLA Vijender Gupta in a defamation case filed by Delhi Deputy CM Manish Sisodia. Delhi High Court judge, Justice Anu Malhotra had on December 17, 2020, dismissed the petition filed by BJP leaders challenging the Summons issued to them in a defamation case filed against them by Manish Sisodia. Sisodia had filed a criminal complaint against Manoj Tiwari, Vijender Gupta and others for allegedly making false allegations of corruption to the tune of Rs 2,000 crore with regard to the construction of cl

The Supreme Court has observed that Alternative Dispute Resolution methodology has proved ‘extremely effective’ in motor accident claim cases, while considering submission for adopting a mechanism for settlement of motor accident claims through online mediation.  The bench, led by Justice Sanjay Kishan Kaul and Justice MM Sunderesh, will hear the plea tomorrow filed by one of India’s largest insurance firms, Bajaj Allianz General Insurance Company, on the plight of victims who have been waiting for years for compensation.  The Apex Court had already passed a slew of directions in its previous orders. On November 16, last year the Court had granted 3 months time to Central Govt and State Govt to create a fund pool to meet their liabilities towards the claimants in motor accident claim cases. The Courts direction came after it was informed by the Additional Solicitor General, Jayant K Sud, that it would not be possible for the Centre to withdraw the exemption provided under the Motor V

The Bombay High Court has reserved its verdict on a petition related to the appointment of Maharashtra Director General of Police (DGP). A Bench comprising Chief Justice Dipankar Datta and Justice MS Karnik was hearing a public interest litigation seeking directions to the Maharashtra government to fill up the vacant post of the state DGP, in accordance with the 2006 Supreme Court judgement on police reforms in the Prakash Singh case. On Tuesday, the bench heard the arguments from IPS officer and current acting DGP Sanjay Pandey. Pandey told the court that the UPSC selection committee ignored his outstanding Annual Confidential Record (ACR) and left his name out of the empanelment for the Maharashtra DGP’s post. Senior Counsel Navroz Seervai, appearing for Pandey, urged the High Court to make the IPS officer a party to the PIL, since he was the seniormost police officer in the state and a man of integrity. To this, the chief justice said, “But this does not give you a right to cli

Chief Justice NV Ramana on Wednesday unfurled the national flag at the official residence in New Delhi on the occasion of 73rd Republic Day. During a hearing on Monday, the CJI Ramana told a lawyer that 13 judges of the top court were infected with COVID-19 and so were 400 registry staff. He also said this when the lawyer complained that his matter wasn’t listed for urgent hearing by the Supreme Court Registry. The lawyers are working even though their bodies were not cooperating, the CJI said. The post CJI Ramana unfurls tricolour at his official residence on Republic Day appeared first on India Legal . from India Legal https://ift.tt/3Ay6NI4

The Supreme Court has granted bail to a person, who was alleged of smuggling catttle on the Indo-Bangladesh Border. A Bench comprising Justice D.Y. Chandrachud and Justice Dinesh Maheshwari on Monday granted bail to Enamul Haque, for allegedly smuggling cattle with the help of Border Security Force (BSF) personnel at Murshidabad Border in West Bengal. It was alleged that Haque had paid illegal gratification to BSF personnel for facilitation of the illegal trade. Appearing for the accused, Senior Advocate Mukul Rohtagi, Senior Advocate Shyam Divan and Advocate Vijay Aggarwal said that he has been in custody for over 14 months now.  A charge sheet and two supplementary charge sheets have been filed against Haque in an offence, which was punishable by seven years, contended the petition. It said the gravity of the offence was determined by the length of the punishment. The petitioner further  argued that all the co-accused persons were already on bail in the present case, so the accus

The Madras High Court has observed that prisoners do not have fundamental right to conjugal relationship under Article 21, but the same is available for ‘extraordinary purposes’ like fertility treatment. A three-Judge Division Bench comprising  Acting Chief Justice Munishwar Nath Bhandari, Justice Pushpa Sathyanarayana and Justice PD Audikesavalu held that denial of conjugal relationship of the convict for specific purpose may amount to denial of the fundamental right guaranteed under Article 21 of the Constitution. It said the specific purpose should not be construed to be a fundamental right for having conjugal relationship as a course. This would make a difference between the law abider and violator in regard to rights guaranteed under Article 21 of the Constitution, the Bench noted. Two questions were before the Bench for consideration: i) Whether the denial of conjugal rights to a convict prisoner would amount to denial of such a right to his/ her spouse and thereby, violative

The Supreme Court on Tuesday fixed February 4 as the next date of hearing on the Mullaperiyar dam issue. Appearing before the Apex Court, V. Krishnamurthy, AAG of the state of Tamil Nadu, highlighted that the Supreme Court had, on January 11, 2022, stated that the note on issues shall be filed by February 4. The Court put on record that the matter will remain on board, but will not be called out before February 4. A date shall be notified for the same, it added. The current Writ Petition highlighted the inaction of the Supreme Court-appointed Supervisory Committee in charge of overseeing the material and safety aspects of the Mullaperiyar Dam and calls for proper dam monitoring. The petitioner argues that the matter requires immediate attention due to heavy rains in Kerala over the last week, as 50 lakh lives were at stake. The Court, in its Order dated March 16, 2021, stated that three core issues will have to be addressed by the Supervisory Committee to ensure the safety of the d

Coming down heavily on the Central government for seeking more time to submit its response on criminalisation of marital rape, the Delhi High Court told the former that the government may have its own approach, but the Court cannot keep the matter hanging beyond a particular period.  A Division Bench comprising Justice Rajiv Shakdher and Justice C Hari Shankar made the observation on Monday, while granting 10 days time to the government to present a fresh response to the case,  which has been pending since 2015. “For some people, every day matters for a simple reason that some say this abuse is happening. Maybe not reported or reported but this is happening. So it cannot be our answer to them ‘listen, this has been there for hundred years, now what is the urgency’. Now that we have started, we would like to conclude,” said the division bench of Justice Rajiv Shakdher and Justice C Hari Shankar, while granting 10 days time to the government to present a fresh response to the case pen

BREAKING: The AILET Exam pattern has been recently changed by NLU Delhi for its UG and PG programs. Click here to know all the updates! The post AILET Pattern Changed for UG & PG Exam: All You Need to Know! appeared first on Lawctopus . from Lawctopus https://ift.tt/3H1RHNo

  The post Call for Paper: International Journal of Legal Enforcement [Vol 2, Issue 1, ISSN 2582 8894]: No Fees, Submit by Jan 26 appeared first on Lawctopus . from Lawctopus https://ift.tt/347ncXH

  The post CfP: Indian Journal of Law and Legal Research [Vol 3, Issue 2, ISSN: 2582-8878, Manupatra, ROAD & Google Scholar Indexed, Free DOI, Certificate of Excellence, Internships, Hard Copy Available]: Submit by Jan 28 appeared first on Lawctopus . from Lawctopus https://ift.tt/3o5r4QC

The Supreme Court on Tuesday issued notice to the Centre and the Election Commission on a petition seeking direction to the Commission to seize the election symbol and de-register the political parties, which promise cash and other irrational freebies from public fund before election. The plea, filed by Advocate Ashwini Kumar Upadhyay, also sought a direction to the Central government to enact a law in this regard. The petitioner referred to a decision of the Samajwadi Party, which is a registered and recognised political party, to field alleged gangster Nahid Hasan from Uttar Pradesh’s Kairana Assembly seat for next month’s elections. Upadhyay claimed that Hasan filed his nomination, even as the party did not disclose about his criminal antecedents either on its website or through print or social media. The petition referred to a February 13, 2020 order of the top court, which made it mandatory for political parties to disclose the list of candidates with criminal antecedents alon

The Kerala High Court has dismissed a petition filed by a leading weekly against the Rashtriya Swayamsevak Sangh, stating that RSS has a definite and identifiable body, and its members have the locus standi to file a defamation complaint. The Single-Judge Bench of Justice Sophy Thomas passed the order on a petition filed by the Editor of Mathrubhumi Illustrated Weekly, Kozhikode, seeking to quash the entire proceedings in a defamation case initiated against the weekly on a complaint by the RSS Secretary.  The RSS secretary had alleged that an article published in the weekly on February 27, 2011 contained claims that were defamatory and misleading, tarnishing RSS’ reputation in the public. It could also promote enmity between different groups on the grounds of religion, the Secretary had said in the complaint.  The petitioners submitted that the Secretary had no locus standi to represent the organisation of RSS.  “It cannot be said RSS is a definite and determinable body. Only if th

By Sanjay Raman Sinha  A rampaging mob killing a hapless man is not the best of sights; but it is a living reality in India. India has a history of extra-judicial killings by men in police uniform, alternatively termed as “encounter killings”. But taking of law in hands by the mentally fevered group of persons and torturing and slaughtering of individuals in full public view is downright barbaric. This vigilantism cannot be explained away by any logic. Vigilante is defined in the Cambridge English Dictionary as a person who tries in an unofficial way to prevent crime, or to catch and punish someone who has committed a crime. In December 2021, the Ministry of Home Affairs had informed the Lok Sabha that the National Crime Records Bureau (NCRB) collected data on mob lynching, hate crimes and cow vigilantism in 2017 but it was discontinued as the data was unreliable as these crimes are not defined. According to India­Spend, which based its report on the content analysis of news reports