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Showing posts from August, 2022

Debate Competition on Legal Implications of Abortion Laws by Ideal Institute of Management and Technology [Sep 22; Prizes worth Rs.15k]: Register by Sep 12

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Judgement Writing Competition by Lucknow University: Register by Sep 21

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Supreme Court: Notices on plea challenging validity of Polygamy in Muslim Personal Law

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In a petition that challenges the Muslim personal law practised such as polygamy and Bilal halala, a Constitution bench comprising of five-judges have impleaded the National Human Rights Commission (NHRC), the National Commission of Women (NCW) and the National Commission of Minorities as parties in a batch of petitions. The bench of Justice Indira Banerjee from the Supreme Court has issued notices to the three statutory bodies. The decision on the same was taken when an arraignment was sought in the case by the senior advocate Shyam Diwan, for petitioner Ashwini Kumar Upadhyay. A notice has also been issued in a separate petition which said that  the personal law practices violated Section 494 of the Indian Penal Code which makes marrying again during a lifetime of spouse is  punishable offence  with imprisonment upto seven years and fine. The court has set to list the matter after the Dussehra holidays. Mr. Upadhyay arguments put forward by Updhyayay are that the   polygamy and

CJI UU Lalit lists few high profile cases which have not seen light in last few years including Black money, Radia tapes

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The new Chief Justice of India UU Lalit has given his very best shot from the first day of his joining office and without wasting any time, initiated the  changes in listing and hearing of cases. For Tuesday, the CJI has already constituted two constitution benches that shall see four matters each.  Today, CJI has also decided to list at least four high profile cases which are over a decade old and had been waiting for some light on them. 1.Case of Contempt of Court against Prashant Bhushan The case is of the yea r 2009, when Bhushan gave interviews in Tehelka magazine stating that half of the last 16 CJIs (8 CJI’s) have been corrupt. This was indeed a big charge on judiciary. A contempt case was initiated and Bhushan’s father, Senior Counsel Shanti Bhushan, in a sealed cover submitted the details of the corrupt CJI’s of Supreme Court. The matter was not up for long and the case by 2012 was almost shelved. In the year 2020, a bench led by Justice Arun Mishra decided to hear it, b

Lawctopus Law School’s Online Revision Course for Acing Jurisprudence Exams [Self-Paced]: Register by Aug 30

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Supreme Court stays criminal proceedings against Ameesha Patel in cheque bounce case

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The Supreme Court has stayed criminal proceedings against Bollywood actor Ameesha Patel and one more person in connection with summons issued to them by a trial court in a cheque bounce case. The Apex Court Bench comprising  Justice B.R. Gavai and Justice P.S. Narasimha on Friday issued notice to the Jharkhand government over it’s appeal, challenging the Jharkhand High Court, which had refused to reject the petitions filed by Patel and one Kunal Ghoomer. Rancho Police had booked Patel and Ghoomer on charges of cheating and criminal breach of trust under the Indian Penal Code (IPC). A trial court had issued summons to the actor and Ghoomer under Sections 406 (criminal breach of trust) and 420 (cheating) of IPC and Section 138 (dishonour of cheque) of the Negotiable Instruments Act. As per the Apex Court, the notice was limited to the offences of criminal breach of trust and cheating, while the cheque dishonouring case will be proceeded with as per law. The plea before the Supreme

CfP: Indian Journal of Law and Legal Research, [Vol 4 Issue 4, ISSN: 2582-8878, PIF: 6.605, Manupatra, HeinOnline, ROAD & Google Scholar Indexed, Free DOI, Certificate of Excellence, Internships, Hard Copy Available]: Submit by Sept 2

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Supreme Court: Two Constitution benches constituted for hearing of 8 matters of importance

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For dealing with the 8 very important cases of the Constitutional importance, the Supreme Court has constituted two five-judge Constitution benches for Tuesday. The first Constitution bench comprises of Chief Justice of India UU Lalit and Justices Dinesh Maheshwari, S Ravindra Bhat, Bela M Trivedi and JB Pardiwala. The matters that shall be heard by this bench are: 1. Whether under the article 15 and 16 of the Constitution,muslims, as a community, can be declared socially and educationally backward ? 2.Petition pertaining to quashing of the notification declaring Sikh Educational institutions in the State of Punjab to be ‘minority’ thereby granting them 50 percent reserved seats for the members of Sikh Community. 3. Plea regarding demand for Courts of Appeal with exclusive jurisdiction to hear and finally decide appeals from High Courts? 4. A plea that challenges the current system for appointing members of the Election Commission of India (ECI) on the ground that Executive enj

Call for Papers: Indian Arbitration Law Review (IALR) by NLIU Bhopal [Volume 5]: Submit by September 15

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Hijab Row: Supreme Court refuses to adjourn the case after urgent listing

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A  notice was issued  to the State of Karnataka by the Supreme Court in a batch of appeals that  challenged the verdict of Karnataka High Court which upheld the ban on wearing hijab in government schools and colleges. The bench of Justice Hemant Gupta and Justice Sudhanshu Dhulia did not approve of the petitioners request for adjournment in the case,while the matter was taken up for hearing. The bench said that”We will not permit forum shopping. You wanted urgent listing and now you want hearing adjourned. We will not allow this.” The court also issued a notice and listed the case for hearing on Monday, September 5. On March 15, the Karnataka High Court had upheld a (GO) effectively empowering the college development committees of government colleges in the State to ban wearing of hijab (headscarves) by Muslim girl students in college campus. The petitioners in the case are theMuslim girl students of Karnataka colleges who had approached the the High Court after they were denied p

Call for Articles by IRCCL (Indian Review of Corporate and Commercial Laws) Blog [No Fee]: Rolling Submissions

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All familial relations including live-in, queer and domestic entitled for protection under law: Supreme Court

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The Supreme Court has observed that an ”atypical” manifestation of a family unit is as real as its traditional counterpart and deserves equal protection under the law. It also mentioned that the “Familial relationships may take the form of domestic, unmarried partnerships or queer relationships”. The Court mentioned that the concept of a “family” as per the law and society predominantly consists of of a single, unchanging unit with a mother and a father (who remain constant over time) and their children. A bench of Justice DY Chandrachud and Justice AS Bopanna said this in an order which was uploaded on Sunday, although the observations were made on a judgement delivered on August 16. The bench said that the concept of unchanging unit over a period of time is an assumption “This assumption which ignores many circumstances that may lead to a change in one’s familial structure, and the fact that many families do not conform to this expectation to begin with. The bench explained that

Supreme Court to hear regular hearing matters before miscellaneous list on non-miscellaneous days

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The newly appointed Chief Justice of India UU Lalit has introduced an important change in hearing of cases in Supreme Court on the non-miscellaneous days (Tuesdays, Wednesdays and Thursdays). Beginning from August 30, the Supreme Court on non-miscellaneous days, will hear the regular matters in the morning session (10.30 am to 1 pm) while the miscellaneous and after notice matters shall be put for hearing in the afternoon session (2 pm to 4 pm). This can very well be seen as reflected in the causelist for Tuesday which states that all Benches will begin its Tuesdays, Wednesdays and Thursdays with the regular hearing cases list till lunch, after which they shall  proceeding to miscellaneous matters from 2pm. The causelist mentions “Regular hearing matters will be listed before this court and will be taken up in the first half of the day i.e. 10.30 a.m. to 1.00 p.m. on Tuesdays, Wednesdays and Thursdays. in the second half, division bench will re-assemble to take up miscellaneous and

Supreme Court to hear some important matters like Hijab, Siddique Kappan and Gautam Navlakha case tomorrow

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Keeping with his promise of prioritizing the work as Chief Justice Of India, Justice UU Lalit has made sure that the cases of importance are placed before the court and pendency is decreased. After the new CJI UU Lalit, joined the Supreme Court of India on 27th August. It has been decided that the week shall begin with some important cases . On August 29, as the week begins. The court will be hearing: Bail plea of Siddique Kappan, a Kerala Journalist who has been accused under UAPA which shall be heard by the newly appointed Chief Justice of India (CJI) UU Lalit and Justice S Ravindra Bhat. Kappan, a reporter for Malayalam news portal Azhimukham and secretary of the Delhi unit of the Kerala Union of Working Journalists (KUWJ), was arrested along with three others in Uttar Pradesh in October 2020 while on his way to Hathras to report on the gang-rape and murder of a 19-year-old Dalit woman. The police had claimed the accused were trying to disturb the law and order situation in H

Call for Posters on Violence Against Women, Women’s Legal Rights & Access to Justice for Women by NLU Delhi [Prizes worth Rs.10k]: Submit by Sep 22

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Karnataka High Court quashes PIL regarding mid-day meal scheme for want of merit

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The Karnataka High Court has disposed of a PIL, seeking medical and other benefits for women workers employed under the ‘Bisi Oota Mid-day Meal Scheme’ in the state of Karnataka. A Division Bench comprising Acting Chief Justice Alok Aradhe and Justice S. Vishwajith Shetty disposed of the writ petition, while noting that provisions of the Minimum Wages Act, 1948 apply in case of scheduled employment. Besides, benefits available under the scheme, including medical aid and insurance, have also been extended to the women by the state government, observed the Bench. The order was passed on a petition filed by Nowhera Shaik, who claims to be a social worker. The PIL said in light of the decision of the Supreme Court, the mid-day meal scheme was made compulsory in all the States of India. The State of Karnataka has implemented the mid-day meal scheme by formulating ‘Bisi Oota Mid-day Meal Scheme’. It is the case of the petitioner that under the aforesaid scheme, women workers are employ

1st Shri Nityanand Jha National Moot Court Competition by Sandip University, Nashik [Prizes worth 50k+](Offline; Oct 13-15): Register by Sept 12

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Justice Uday Umesh Lalit sworn-in as 49th CJI

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Justice Uday Umesh Lalit on Saturday took oath as the 49th Chief Justice of India (CJI). He was administered the oath of office by President Droupadi Murmu at the Rashtrapati Bhavan. Justice Lalit became the second CJI to be directly elevated to the Supreme Court from the Bar. The first was Justice Sarv Mittra Sikri, who served as CJI from January, 1971 to April, 1973. Justice Lalit was born on November 9, 1957 in Solapur town of Maharashtra. His father, Justice U.R. Lalit, served as Judge of the Bombay High Court and is a Senior Advocate. He enrolled as an advocate in June, 1983 and practiced at the Bombay High Court till December, 1985. He moved to the national capital in January, 1986 and was later designated a Senior Advocate of the Supreme Court in April, 2004. He was appointed a judge of the Supreme Court on August 13, 2014 directly from the Bar and will demit office on November 8 this year. Justice Lalit was part of the majority opinion of the Constitution Bench judgeme

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Why are the Students of Dr. B.R. Ambedkar National Law University (NLU, Sonepat) Protesting?

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Why are the Students of Dr. B.R. Ambedkar National Law University (NLU Sonepat) Protesting?

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Supreme Court: No Pegasus spyware found in 29 mobile phones examined by panel

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The committee appointed by the Supreme Court to probe into allegations regarding use of Pegasus spyware by the Government of India has concluded that the spyware was not found in the 29 mobile phones examined by it. A bench comprising of Chief Justice of India (CJI) NV Ramana and Justices Surya Kant and Hima Kohli, after going through the report submitted   by the three-member expert committee, found that while some malware was found in 5 of the 29 devices, it was not Pegasus. The bench remarked, “We are concerned about technical committee 29 phones were given… in 5 phones some malware was found but the technical committee says it cannot be said to be Pegasus. They say it cannot be said to be Pegasus.” The committee which was headed by former Supreme Court judge, Justice RV Raveendran, Alok Joshi (former IPS Officer) and Dr. Sundeep Oberoi, Chairman, Sub Committee in (International Organisation of Standardisation/International Electro-Technical Commission/Joint Technical Committee)

Delhi High Court rejects plea by Whatsapp regarding new privacy policy, upholds probe order by CCI

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The Delhi High Court on Thursday dismissed a petition filed by social media giants WhatsApp and it’s parent company Meta (earlier Facebook), challenging the order of the Competition Commission of India (CCI), regarding the new privacy policy of the messaging app.  The Division Bench comprising Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad observed that the appeals were devoid of merits and disposed of the plea, which challenged the Single-Judge Bench order of April, 2021. Justice Navin Chawla had last year quashed the petition filed by the social giants, while observing that it was devoid of merits. Tech giant Meta had, in July 2022, termed the actions of CCI as intrusion in its business and said that there was no  proof to substantiate the claim that it was abusing the market dominance. The CCI had ordered investigation into the new privacy policy of Whatsapp, stating that it violated the Competition Act, 2000. The post Delhi High Court rejects plea by Whats

Bilkis Bano: Supreme Court hear petition challenging decision of Gujarat government to grant remission to convicts

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A petition challenging the decision of the Gujarat government for granting remission to the  11 convicts who had raped Bilkis Bano and murdered her family members during the 2002 Godhra riots is currently been heard in the Supreme Court today. The case is being heard by a three-judge bench comprising Chief Justice of India (CJI) NV Ramana, Justice Ajay Rastogi and Vikram Nath. During the 2002 Godhra riots,Bano was gangraped during the 2002 riots and her three-year-old-daughter was among twelve people killed by a mob in Limkheda taluka of Dahod district in Gujarat. A Central Bureau of Investigation (CBI) probe was ordered by the Supreme Court after Bano approached National Human Rights Commission. In the year 2004, Bilkis Bano complained of death threats she was receiving from the accused, and the apex court in directed the trial to be transferred from Godhra in Gujarat to Maharashtra keeping in mind the safety of the accused. A Special CBI Court  in year 2008,convicted thirteen a

CJI Ramana to hear high-profile cases including Bilkis Bano, Pegasus today

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The day before the current CJI NV Ramana would demit his office, the Supreme Court of India has decided to hear many high profile cases today. The bench of CJI Ramana will hear some of these important cases. Few of the cases that he would hear are: Remission to convicts of Bilkis Bano case The Plea challenges the decision of the Gujarat government for granting remission to 11 convicts of 2002 Gujarat Riots who gangraped Bilkis Bano and murdered her family members. The petitioners in the case are former philosophy professor and activist Roop Rekh Varma ,CPI(M) leader Subhasini Ali amd Journalist and filmmaker named Revati Laul. The bench that will look to the case comprises CJI NV Ramana and Justices Ajay Rastogi and Vikram Nath. Cause title: Subhashini Ali v. State of Gujarat 2.Review petition in PMLA On 27 th July 2022, the Supreme Court upheld the validity of provisions of PMLA.The verdict made bail conditions in money laundering cases very stringent in the cases that court

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Gyanvapi Judgement: Varanasi Court reserve its judgement in plea challenging maintainability of Hindu suit

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A court in Varanasi reserved its order on judgement in the Gyanvapi-Kashi Vishwanath judgement in a plea in which the Muslim party has challenged the maintainability of the suit filed by Hindu parties seeking worship rights inside the Gyanvapi mosque. Today,the District Judge Dr AK Vishvesha has completed the hearing in the case ,although he is likely to pronounce his verdict on September 12, 2022. The present plea was filed under Order VII Rule 11 of the Code of Civil Procedure (CPC) by the Committee of Management of Anjuman Intezamia Masajid. The Gyanvapi mosque has been in dispute after the Hindu devotees approached civil court and claimed if their right to worship their God inside the premises of the mosque. The pretext given by the Hindus is that on the it was a Hindu temple and holds Hindu deities. A survey was ordered by the civil court ordered in the Gyanvapi Mosque by an advocate commissioner. The advocate commissioner got the premises and Gyanwapi videographed  and c

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Kerala Judge who delivered provocative dress verdict transferred to Labour Court

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The judge from Kerala judge, who delivered the controversial order saying  that if the victim was wearing a “sexually provocative dress the sexual harassment case would not prima facie stand has been transferred. Justice S Krishnakumar, the Additional District and Sessions Judge, Kozhikode  who delivered the verdict has been transferred as Presiding Officer of Labour Court in Kollam district. The notice has been published on the website of the Kerala High Court.As per the notification, the transfer is part of the routine transfer and posting of judicial officers and three other judges have also been transferred. It was while granting bail to Civic Chandran in a sexual harassment case that the Session Court judge S Krishna Kumar passed an order stating that to attract the offence under Section 354A of the Indian Penal, there must be some unwelcome sexual advances but in the instant case, the photographs of the complainant showed her “exposing herself in provocative dresses”. The Co

Quackery begins where awareness ends: CJI NV Ramana

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The Chief Justice of India NV Ramana highlighting the relevance of bringing up and addressing the matters pertaining to the issue of fraudulent healthcare services that patients fall prey to. On the inaugural address of the National Academy of Medical Sciences’ (NAMS, Delhi) public oration on ‘Law and Medicine’ today the CJI addressed the gathering. Talking in the context of the rise of quackery in India, the CJI Ramana explained, “Quackery begins where awareness ends. Where there is room for myths, there is room for quackery. Quackery is the biggest disease affecting India. Owing to the financial and time constraints, a huge majority of Indian population approaches these untrained and uncertified doctors. Lack of awareness and knowledge, misplaced belief, and sheer inaccessibility has massive ramifications on the health of the country, particularly the rural and under-privileged India .  Need of the hour is to bring in a legislation to save people from falling prey to fraudulent p

SWAYAM Online Course on Intellectual Property by NLU Delhi [15 weeks; Certificate]: Register by Aug 31

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Baba Ramdev vs Allopathy: Supreme Court issues notice to Centre on IMA plea

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The Supreme Court on Tuesday sought response from the Central government and others within four weeks, on a petition filed by the Indian Medical Association, accusing Yoga guru Baba Ramdev of degrading Allopathy and Allopathic doctors. A Bench comprising Chief Justice of India N.V. Ramana, Justice C.T. Ravikumar and Justice Hima Kohli, questioned Baba Ramdev for speaking against Allopathy. The CJI said, “You have popularised yoga, which is a good thing, but why are you criticising other medical systems like Allopathy and their Doctors? “What is the guarantee that everything will be fine, if a person does what you told him to follow?,” he added. Justice Ravikumar said that it seem as if Allopathy was being ridiculed. “We want to know how can he guarantee that he can cure all diseases through Ayurveda?,” the Bench asked the Yoga Guru. The order was passed on a petition filed by the Indian Medical Association regarding the remarks made by Baba Ramdev against Allopathy and its Docto

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Bilkis Bano rape case: Supreme Court to hear plea against remission of 11 convicts

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The Supreme Court on Tuesday agreed to list a PIL, challenging the remission granted to 11 people, who were convicted for killing 14 persons and sexually assaulting five-months pregnant Bilkis Bano during the 2002 post-Godhra riots. The petition was mentioned by Senior Advocate Kapil Sibal and Advocate Aparna Bhat before a Bench headed by Chief Justice of India (CJI) N.V. Ramana this morning, seeking an urgent listing tomorrow. The CJI agreed to look into the matter. Justice Ramana asked if the convicts were granted remission by virtue of a Supreme Court order. Sibal replied that the Apex Court merely directed to consider the matter. “The Single-Judge Bench of Justice Ajay Rastogi gave a discretion to Gujarat government to consider it. We are challenging the remission, not the order of the Apex Court,” he said. The Bench, also comprising Justice Hima Kohli and Justice C.T. Ravikumar, demanded to see the papers, but did not pass any order of listing. The petition was filed by Subh

1st Pt. Kanhaiya Lal Misra National Moot Court Competition by Shambhunath Institute of Law, Prayagraj (Cash Prizes Worth 1 Lac+) [Offline; Oct 15 & 16]: Register by Sept 20

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CfP: Indian Journal of Law and Legal Research, [Vol 4 Issue 4, ISSN: 2582-8878, PIF: 6.605, Manupatra, HeinOnline, ROAD & Google Scholar Indexed, Free DOI, Certificate of Excellence, Internships, Hard Copy Available]: Submit by Aug 26

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Call for Papers: CCLP Indian Competition Law Review by NLU Jodhpur [Vol 7 Issue 2]: Submit by Sept 30

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Bhaichung Bhutia moves Supreme Court, bats for implementation of constitution by CoA as new legislation for AIFF

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Former Indian football team captain Bhaichung Bhutia has filed an intervention application in the Supreme Court, seeking implementation of the Apex Court order of August 3, stating that the constitution prepared by the Committee of Administrators (CoA) should be accepted as the new legislation for the All India Football Federation (AIFF). The application, filed through Advocate Purnima Krishna, sought intervention in the matter related to the suspension of AIFF by the Federation Internationale de Football Association (FIFA) due to “undue influence from third parties”.  Bhutia said that the new constitution was inclusive of the changes that have occurred in today’s era, as well as was more sensitive towards the interest of both former and current players. He also urged the court in his plea to pass an appropriate order, so that the Football Federation could be freed forever from the present system of monopoly, allegedly by some selfish elements. According to the petition, the const

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Legal Aid should give confidence to underprivileged of system leading them to the temple of justice: Justice Lalit

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Legal Aid needs to give confidence to everyone, especially the underprivileged,  that the system can lead them to the temple of justice in the most professional manner, Chief Justice of India designate, Justice Uday Umesh Lalit said on Sunday. Formally launching the full time engagement of lawyers for legal services delivery under the Legal Aid Defence Counsel System (LADCS), Justice Lalit said the reason for this two-day event was to thank each and everyone associated with the legal aid movement for their achievements in the past 15 months,  living up to the challenges and coming out with flying colours. Justice Lalit, who is also the Executive Chairman of NALSA, launched the programme in 365 District Legal Services Authorities during the hybrid event, organised at Vigyan Bhawan in New Delhi. The concept was recently introduced by the National Legal Services Authority, in line with the ‘Public Defender System’.  He said this marks the beginning of the time of action because the