The article ‘New Year Resolution of a Law Student’ imparts various tips to law students with the utmost focus on studying in a systematic and planned way. A new year resolution sets out a good start to the year, it sets an action plan to proceed further in the year. In the words of Munia Khan,

“New Year is the glittering light to brighten the dream-lined path-way of future.”

Introduction

A law student’s new year resolution shall be in consonance with his/her goals of the future, amongst a few common goals. Through new year’s resolutions, you can keep a sense of control of your life, and it can be a guiding light in your life. When you are lost, they are a reason to be found again. You can look at them, think about them, and they will show you why you started to pursue that goal.

Various Resolutions:

The following are a few common resolutions of a law student:

1. Passing the semester with a good CGPA, which includes attending lectures, maintaining attendance, and scoring good marks. The process for this is to do preparation for lectures in law school, read and come to understand lectures better, or at least read what the professor said to read. Taking complete notes during lectures in a consolidated way will be helpful. It is essential to do assignments and projects on time. Self-studying on a regular basis is a boon for your present and future. Be bold to ask doubts in class as curiosity is the first step in the path of acquiring knowledge.

2. Participating in as many Moot Court Competitions as possible adds great value in developing your resume, and if you win, or get awarded the position of the best memorial, best researcher, etc, it is a plus.

3. Try to read as many judgments as possible in depth, i.e., to inculcate the habit of reading, because as law students, you need to read a lot, to gain in-depth knowledge on the subject.

4. To do as many good internships as possible, according to your field of interest, i.e. litigation internships, corporate internships, or research internships. If you are not sure of your area of interest, then the best option available is to explore by doing various internships in different fields.

5. To form good legal connections, through law school, internships, and attending various seminars and webinars, etc.

6. To spread legal awareness, in the surroundings around us, or by taking part in awareness drives organized by law schools or Legal Services Authorities.

7. Do not waste time mindlessly scrolling social media.

8. Try to take part in college societies, or extracurricular activities, for wholesome development.

9. Make it a habit of writing and publishing research papers on good platforms.

10. Make a list of your weaknesses and work on them, in ways as small as possible.

11. To help your classmates, and juniors in whichever way possible, if they need a little guidance, then provide it to them.

12. To stay fit while doing all these things, by eating healthy and exercising, and sleeping well, because health is wealth.

13. Don’t take too much stress doing all this stuff, and don’t forget to take little breaks and have fun in between.

14. To be a good human being, amongst other things.

The following are the resolutions of a law student, who is a judiciary aspirant:

1. Prepare a timetable/ schedule to study, either topic-wise or chapter-wise.

2. Revise the subjects that form part of the exam syllabus.

3. Try to revise topics, already studied, so that you don’t lose touch with the topics because there is no use in studying a lot if you cannot remember it on the exam day and on the interview day.

4. After you finish studying a topic, solve the previous year’s questions and practice questions on that topic.

5. Learn to manage time while solving a question paper, because, the faster you can do questions correctly, the more questions you can do.

6. Always study keeping in mind preliminary and main exams, both of them.

7. Follow the news, through the newspaper or e-paper for general legal updates.

The following are the New year resolutions of an aspiring litigation lawyer:

1. To do an internship in the dispute resolution department in a law firm or under a practising advocate.

2. To do running internships, i.e., to go intern after college hours, to increase experience, because, in litigation, experience is the key to knowledge.

3. Learn to handle clients and to learn to ask for fees without hesitation, because some fresher advocates hesitate or do not know, how to ask for fees, what should be the fees, etc, so to overcome this, you must learn to ask for fees.

4. To get hands-on drafting, ask seniors to give you drafting work, or you can take up freelancing work.

5. Learn the language of the Court, like the manners to address the Judge.

The following are the New year resolutions of an aspiring corporate lawyer:

1. To do internships in corporate firms, or in companies.

2. To learn basic rules of drafting, through various courses on drafting, or through internships.

3. To learn time-saving techniques for reviewing, and proofreading in MS Word or other applications.

4. To learn corporate etiquette, because to survive in the corporate realm, it is a necessity.

However, a law student doesn’t have to decide to be in the law field always, for example, he/she can decide to pursue an MBA or open his/her open business, which shall not be criticized, as it is human nature to develop interest for other things as well. In such a scenario, that person shall take a new year resolution to get his/her degree with good marks, and then choose to do whatever, he wants in life, because having a law degree in your name, will always be a plus point, it will only help in future.

If a law student wants to follow his/her passion, which is different from the field of law, such as writing a book, capturing pictures, making YouTube videos, writing a blog, opening a blog page, etc. then he/she must inculcate such things in his/her everyday routine because following your passion keeps your mind healthy, it increases your happiness quotient. However, it must not come at the cost of your law degree, so it should be done as a side chore.

In the end, would like to quote the words of J.Allen Shaw

Don’t make resolutions without an action plan. The secret to success is right in your hands.

Contributions from: Sukriti Verma And Apurva Neel

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The article ‘Purpose of Extradition’ by Vanshika Malhotra is an analysis of the meaning, purpose, various case laws and laws governing extradition. The article in a precise way discusses the interface between asylum and extradition. Due to criminal activity and cross-border movement, extraterritorial criminal jurisdiction has become necessary and customary. States have developed extradition laws because they are vehemently interested in punishing criminals who break their domestic laws and damage society’s overall peace.

Introduction: Definition and Importance of Extradition

According to Oppenheim,

“extradition is the delivery of an accused or a convicted individual to the State on whose territory he is alleged to have committed or to have been convicted of, a crime by the state on whose territory the alleged criminal happens for the crime to be.”

According to Starke, the term extradition denotes

“the process whereby under treaty or upon a basis of reciprocity one state surrenders to another state at its request a person accused of a criminal offence committed against the law of requesting state, such requesting state being competent to try the alleged offender.”

According to Grotius,

“it is the duty of each state either to punish the criminals or to return them to the states where they have committed a crime.”

The Latin words “ex” and “traditium” are the origin of the word “extradition.” It can also be used to refer to the surrender or handover of fugitives. Extradition is a formal procedure through which one state asks another to turn over a person or wanted criminal for the purpose of criminal investigation or prosecution. Extradition is the act of handing over someone from one state to another so that they might face justice for crimes they are charged with or found guilty of in the other state’s courts. Those who have been accused of a crime but have not yet been brought to justice, those who have been tried and found guilty but have escaped from custody, and those found guilty in absentia may all be extraditable.

These offences must have been committed outside of the state of refuge and be punishable by law in the state making the request. The Extradition Treaty between the two nations must have been signed. Although states can extradite one another without a treaty, this rarely happens. The territorial State, or the State where an accused or convicted person is found and to whom the request is made, is one of the two States that are involved in extradition. Additionally, another state is being asked, for instance, a state where the offence was committed. It is customary to make the request through the diplomatic process.

Purpose of Extradition

A criminal is extradited to the requesting state because extradition is based on the general idea that it is in the best interests of civilised societies for criminals to face justice, and as a result, it is acknowledged as a component of international comity that one state should typically provide assistance to another state in prosecuting offenders. Extradition serves as a signal to criminals that they cannot evade punishment by working through another State, which has a deterrence impact. Criminals are turned over in order to protect the territorial State’s interests.

Extradition is carried out because it is a step towards achieving global cooperation in the resolution of global social issues. The basis of extradition is reciprocity. Because evidence is more easily accessible only in that State, the State where the crime was committed is better positioned to try the criminal.

Extradition can let states bring criminal charges for transgressions of wholly domestic laws as well as enforce international criminal law. Aside from criminal law, extradition serves the purpose of preserving the rights of the wanted person. Trying to strike the right balance between allowing fugitive criminals to freely move to states where they can be tried for their crimes and protecting the fugitive from oppressive punishment or from persecution due to his personal characteristics, beliefs, and opinions is a problem with extradition.

Alternative methods, such as exclusion, deportation, or abduction, lack the built-in safeguards of extradition arrangements, allowing the fugitive’s rights to be ignored even when the system is being properly used to affect the return of a fugitive criminal. This is because extradition is the specific means created by states for that purpose. In the current state of extradition legislation and practice, the viability of these devices is crucial. Similar to how the need for a single convention or model code of extradition has led various international bodies to consider the possibility of reaching an agreement at various points in time, the need for a single instrument with a global application would be well served by a common obligation to extradite.

Laws Governing Extradition in India

In 1902, India passed its first Extradition Act. Prior to the 1962 Act, extradition was governed by the United Kingdom Extradition Act of 1870. The legal framework for extradition in India is provided by the Extradition Act of 1962. It consolidated the laws governing the extradition of criminals who must be abroad from India. Act 66 of 1993 significantly altered the Indian Extradition Act, of 1962. The Indian Extradition Act, of 1962 governs the extradition of a wanted offender from India. This applies to both extraditing individuals to India and extraditing individuals out of India. A treaty between India and another country may serve as the foundation for the extradition.

According to Section 2(c) of The Indian Extradition Act, 1962, “extradition offence” means―

(i) in relation to a foreign State, being a treaty State, an offence provided for in the extradition treaty with that State;

(ii) in relation to a foreign State other than a treaty State an offence punishable with imprisonment for a term which shall not be less than one year under the laws of India or of a foreign State and includes a composite offence.

The term “extradition treaty” is defined in Section 2(d) of the Indian Extradition Act 1962 as a treaty (or agreement or arrangement) between India and a foreign State pertaining to the extradition of fugitive criminals. This definition also includes any treaty pertaining to the extradition of fugitive criminals made prior to August 15, 1947, which extends to, and is binding on, India.

If a treaty is absent, the foreign country may accept the request or reject it and subject it to its domestic legal and procedural requirements. Therefore, the need to extradite is a result of the agreements and accords that India has made with other countries. It is important to understand that extradition is a sovereign act and that any extradition activity is dependent on the concepts of reciprocity and comity, which are fundamental components of the international principles of amicable cooperation between states or nations, in cases where there is no treaty and no international obligation between the two sovereign states.

The Government of India must notify those States with which it had extradition treaties prior to independence, according to Section 3(1) of the 1962 Act. This would clear up all uncertainty and doubts without leading to confusion about specific issues.

With a number of nations, including Fiji, Italy, Papua New Guinea, Singapore, Sri Lanka, Sweden, Tanzania, and Thailand, India has extradition agreements. Additionally, India has extradition agreements in place with 37 nations, including the US, UAE, UK, Switzerland, Russia, Saudi Arabia, Australia, Bangladesh, Bhutan, France, Germany, Korea, Hong Kong, Mexico, Poland, and others.

When a wanted felon is an Indian national, Section 188 of the Code of Criminal Procedure of 1973 allows for action to be taken in the same way as if the crime had been committed in any location in India. The Central Government must first approve the case in order to prosecute a fugitive like this. Criminals who are still being investigated, who have not yet been tried, or who have already been convicted may be the subject of an extradition request. The law enforcement agency must take numerous safeguards in situations that are still being investigated to make sure that it has sufficient prima facie evidence to support the allegation before the foreign state’s courts of law.

A State is not required by international law conventions to turn up a fugitive to a different sovereign state. According to International Law, governments are not required to extradite anyone. Although there are some fundamental guidelines for the extradition procedure that are acknowledged and followed by many countries.

(i) The Principle of Dual Criminality: One of the most important ideas guiding the law of extradition is the principle of dual criminality, sometimes known as the principle of dual criminality. It states that the extradition process can only take place when the criminal act under investigation is a crime in both the sovereign states’ respective legal systems.

(ii) Rule of Speciality: The purpose of this rule is to prevent the requesting state from making general extradition requests. According to the regulation, a fugitive who is extradited for one crime shall only be tried for that crime and not for any others.

(iii) The Principle of Proportional Punishment: When there is a chance that the extradited person would receive a punishment that is excessive or severe relative to the severity of the offence, extradition may be refused. This guideline is specifically used to prevent violations of the widely accepted worldwide human rights norm. According to this concept, a request is turned down when there is a chance that the fugitive will die in the state making the request, protecting international human rights standards.

Legal Duty of a State

Grotius enunciated that a State of refuge has a duty either to punish the offender or to surrender him to the State seeking his return. The principle of ‘prosecution or extradition’ is a legal duty of the State where the offender is found. It is a duty based on natural law. Vattel also similarly viewed extradition as an imposed duty upon the states by International law in matters of serious crimes. The principle of prosecution or extradition has been expressed by the maxim ‘aut dedere aut judicare’.

The judgment of the International Court of Justice, Belgium v. Senegal, ICJ GL No 144, elucidates aspects of the implementation of the obligation of a State to extradite or prosecute an offender. It concentrated on the connections between various provisions on the establishment of the jurisdiction (Article 5), the duty to conduct an initial investigation (Article 6), and the duty to prosecute or extradite (Article 7).

The duty to prosecute is the duty to bring the case before the prosecuting authorities; it does not involve the duty to bring a case. However, the beginning of the proceedings may or may not follow the satisfaction of the requirement.

Effectively carrying out an extradition or prosecution obligation necessitates taking the necessary national steps to criminalise the relevant offences, establishing jurisdiction over the offences and the persons involved who are present on the state’s territory, conducting an investigation or primary inquiry, apprehending the suspects, and presenting the case to the prosecuting authorities or extraditing, if an extradition request is made by another State with the necessary legal framework. Deportation, extraordinary rendition, or any other informal method of sending the accused to the other State cannot, however, replace the requirement of extradition.

In the case of Factor v. Labubenheimer, 290 U.S. 276, the Supreme Court of the United States of America ruled that extradition is not recognised by international law absent a treaty. Although a Government may freely use the power to turn over a fugitive from justice to the nation from which he has fled, it has been claimed that it has a moral obligation to do so if it is consistent with its own Constitution and laws.

Only when created by a treaty does the legal obligation to request his extradition and the corresponding obligation to deliver him to the country making the request exist. As a result, a legal obligation only exists when there are treaties between the States. On the basis of the reciprocity principle, a State may extradite a criminal in rare circumstances. It is carried out only out of goodwill or kindness and not because the State is required to do so by law.

Famous extradition cases fought by India

i) Vijay Mallya Extradition case, [Contempt Petition (Civil), 421-424 of 2016]

The most well-known extradition case in India is Dr Vijay Mallya v. State Bank of India. He owed 17 Indian institutions, including the State Bank of India and the Indian Overseas Bank, a staggering debt of more than 6,000 crores. Mallaya escaped from India to the United Kingdom in 2016 due to his anticipated imprisonment. India requested his extradition in 2017. The Westminster Magistrate’s Court in London heard the request for Mallya’s extradition.

The Court demanded his extradition to India in 2018. Although his appeal at the London High Court was denied, he hasn’t yet been returned to India because of ongoing legal proceedings. It’s also important to note that, in accordance with the Fugitive Economic Offenders Act of 2018, he was designated as a “Fugitive Economic Offender” in 2019.

ii) Nirav Modi Extradition case, (Crl. M.C. 2696/2019)

Mr Nirav Modi sold expensive diamond jewellery. The Central Bureau of Investigation (CBI) received a complaint from the Punjab National Bank (PNB) in 2018 accusing Nirav and his wife Mrs Ami Modi of acquiring phoney Letters of Understanding (LoU) worth $11,400 crores through fraud. The funds were subsequently transferred to his fifteen fictitious foreign corporations. The Enforcement Directorate (ED) seized Nirav’s assets in India after a CBI investigation. He left India and applied for asylum in the UK in 2018 saw the issuance of a Red Corner Notice by Interpol against him. An arrest warrant for Nirav was issued by a Westminster Court in response to an extradition request from India. In 2021, the Court mandated his extradition to India.

iii) Abu Salem Extradition Case, (Criminal Appeal No. 679 of 2015)

The renowned gangster Abu Salem is currently incarcerated on multiple life sentences for various offences. Salem was one of six people who were found guilty in 2017 of violating the Terrorist and Disruptive Activities (Prevention) Act and being accountable for the 1993 Mumbai blasts that resulted in 257 fatalities and 713 injuries. On Salem’s petition, the High Court in Lisbon issued a ruling in September 2011 concluding that the filing of additional charges carrying the death penalty was a violation of the Indian commitment given to the Portuguese Government. The Central Bureau of Investigation’s appeal was denied by the Portugal Supreme Court in 2012 (CBI). Later in 2012, the Portuguese Constitutional Court overturned the Portugal High Court’s ruling and accused India of breaking the extradition pact.

India also referred to a decision of the Indian Supreme Court that blocked the further charges brought against Salem in its rebuttal. The Central Government was asked to advise the President to exercise his or her powers under Article 72 of the Constitution of India, which is titled “Power of President to grant pardons, etc., and to suspend, remit, or commute sentences in certain cases,” in 2022.

The Supreme Court Bench, composed of Justices SK Kaul and MM Sunderesh, stated that India should uphold the commitment made to Portugal. The Court further stated that when Salem had served a total of 25 years in jail, the required paperwork should be forwarded within a month. The Central Government may also use Sections 432 and 433 of the Code of Criminal Procedure for this purpose (CrPC). The Government also stated that Salem’s release would only be a consideration after serving a total of 25 years in prison, and that decision would be made in accordance with the applicable legal framework at that time.

iv) Daya Singh Lahoria v. Union of India, (Writ Petition (Crl.) 256 of 2000)

In the judgment given by the Apex court in the case of Daya Singh Lahoria v. Union of India,  it was stated that a fugitive criminal brought to India under an extradition treaty can only be tried for the offence provided in the extradition decree and not for any other offence. The Criminal courts in India cannot try such fugitives under any offence other than the one allowed for trial.

v) Dr. Ram Babu Saksena v. State, (1950 AIR 155)

Ram Babu Saxena v. State, The Indian Extradition Act of 1903 is cited first in this case under section 7. Dr Ram Babu Saxena was assigned to the Tonk State while working for the U.P. Civil Services.

Tonk, an Indian state, and the British government had an extradition agreement in which both States were required to extradite specific individuals who were charged with a specific set of offences. “The Extradition Treaty between the Tonk State and the British Government in 1869 is not capable of being given effect in the current day in light of the Tonk State’s incorporation with the United State of Rajasthan,” his lordship declared in conclusion. As no treaty exists, Section 18 of the Extradition Act has no application and as Section 7 of the Act has been complied with there is no ground upon which we can interfere. Thus, the Supreme Court dismissed the Appeal.

The Interface Between Asylum and Extradition

Starke stated,

“Asylum stops where extradition begins.”

The term “asylum” refers to situations in which the territorial state refuses to turn over a person to the requesting state and instead offers the individual sanctuary and protection on its own soil. When an immigrant is not given customary hospitality, the action is referred to as extra-traditional. The idea of asylum has a long history, with States historically offering protection to aliens, but since the latter half of the 18th century, there has been a shift to include suspects or convicted criminals. Extradition and asylum are diametrically opposed and incompatible institutions.

Extradition occurs when a person is turned over by the territorial state to the requesting state; if the individual is protected and provided shelter instead of being turned over, this is referred to as asylum. Asylum is generally granted to political offenders, military offenders and religious offenders because they cannot be extradited.

The international human rights treaties, such as the conventions against terrorism and other transnational crime instruments, contain provisions and regulations requiring the extradition of people who are suspected of committing those crimes, but the states that have agreed to extradition must make sure that crimes are considered offences under the criminal code. No State Party shall expel, return, or extradite a person to another state where there are substantial reasons to believe that he would be in danger of being subjected to torture.

This is stated explicitly in Article 3 of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment and Punishment of 1984. “Extradition shall not be granted nor shall return the person sought when there are grounds that she risks her life to be subjected to torture, cruel, inhuman or degrading treatment or to be tried by special courts or ad hoc in the requesting state,” the Convention to Prevent and Punish Torture’s Article 13(4) expressly states.

As a result, it can be said that asylum has always been and still is a barrier to extradition because it serves to protect people who are suspected of breaking the laws of a foreign country, whereas for most states extradition is a way to deliver people who have been charged with or convicted of a crime.

Conclusion

Criminals frequently use the absence of extradition agreements with other nations to their advantage when deciding which state to leave after committing crimes. The whole nature of crime has changed, and the party who has been injured sees the inability to bring fugitives to justice as a grave issue. However, a state is not generally required by international law to turn over runaway criminals. States are now more likely to employ this type of mutual legal aid to enforce their domestic criminal laws as a result of the increasing suspect mobility.

As previously explained, the right of a state to refuse extradition of its own citizens is protected by the principle of nonextradition; however, this issue also creates a space for a very dangerous opportunity where fugitives can use this principle, as well as the fact that some states are unwilling to grant extradition in the absence of a treaty. It is clear that the surrender procedure is very onerous and time-consuming, frequently taking years to complete, and, in some cases, they even result in failure.

This is true despite the vast statutory structure and operational machinery in place to extradite individuals from overseas to India. It goes without saying that it makes it possible for wanted felons who are accused of crimes in India to avoid capture and trial for years on end. The Ordinance is a positive beginning, but it is still unclear how effective it will be in the long run and whether it would persuade other countries to work with India to speed up the extradition process. On a global scale, crime is steadily rising.

The legislation of extradition aids in keeping the criminal from fleeing justice after committing the offence outside of the state of refuge. Every nation has its own rules governing extraction, and international laws have also made note of it. These laws are essential for deterrence and for upholding law and order around the world.

References

[1] Monika Kumari, Definition and Purpose of Extradition, Available Here

[2] Lawbhoomi, All About Extradition under International Law, Available Here

[3] Extradition As A Tool For Inter-State Cooperation: resolving issues about the obligation to extradite, Available Here

[4] Isha Agarwal, Extradition Under International Law–Aid For The Angst Of Fugitives, Available Here

[5] Obligation to Prosecute or Extradite, Available Here

[6] The obligation to extradite or prosecute (aut dedere aut judicare) – final report, 2014, Available Here

[7] Seema Jhingan and Monica Benjamin, India: Indian Extradition Law – Process for seeking extradition of persons from foreign states, Available Here

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The article ‘Doctrine of Subrogation under the Transfer of Property Act, 1882’ highlights subrogation, historical perspective and its type in a descriptive manner. This article also contains various case laws with respect to the applicability of the aforesaid doctrine. The doctrine of subrogation is based on equity norms

Introduction

Subrogation is described as the substitution of one object or person for another, with the effect that the new thing or person has the same rights and obligations as the original person or thing. Therefore, it only requires placing oneself in another’s shoes. As long as the insurer has reimbursed and made good the damage, the theory of subrogation allows it to benefit from the assured’s rights and remedies against third parties in proportion to the loss. Therefore, the insurer may use any rights the insured may have to obtain compensation for the failure to that extent, but such action must be taken in the name of the assured. Section 92 in The Transfer of Property Act, 1882 states the Doctrine of Subrogation.

When a third mortgagee pays off the first mortgage, he becomes subrogated to the first mortgagee’s position in the case of a second mortgagee. Legal subrogation is the term used for this. Conventional subrogation is a little different and occurs when the party paying off the debt has no interest to defend but advances money pursuant to an express or implied understanding that he would be subrogated to the rights and remedies of the initial encumbrance.[1]

The doctrine covers anybody who has an interest in the mortgaged property or a right to redeem it, as well as any mortgage creditors and co-mortgagors, such as a mortgagor’s surety. A person must have an interest in or charge on the mortgaged property that entitles him to redeem the mortgage in order for his claim to be considered a valid subrogation claim. The mortgage must be paid in full at the end of the month. To redeem a mortgage, a person must have paid the mortgagor money together with a written promise that he will be entitled to the rights of the mortgagee whose mortgage is discharged.[2]

In Mst. Azizunnissa v. Komal Singh[3], it was held that the purchaser of the mortgaged properties in the execution of a mortgagee decree, acquired not only the interest of the mortgage but also the equity of redemption of the mortgagor and that he is entitled to redeem other mortgages on the same property created by the mortgagor.

The scope of the doctrine of subrogation was defined by the Calcutta High Court in Bisseswar Prasad v. Lala Sarnam Singh[4],

“The doctrine of subrogation is a doctrine of equity jurisprudence. It does not depend upon the privity of contract, express or implied, except in so far as equity may be supposed to be imported into a transaction and thus raise a contract by implication. It is founded on the facts and circumstances of each particular case and on the principles of natural justice.”

In the case of Isap Bapuji Amiji v. Umarji Abhram Adam[5], the retrospective effect should be used as a guide for determining what equitable rules are not inconsistent with the Act and should be adopted as valid in India in cases where there is a conflict of authority.

In the case of Piarey Lal v. Dina Nath[6], The plaintiff had acquired the equity of redemption, received his title from the mortgagor as a result, and was thus not granted the right of subrogation under section 92 since he was a mortgagor as defined by section 59-A. A similar stance was held in the case of Taibai v. Wasudeorao Gangadhar[7], where the mortgagee paid the debt with money the mortgagor had left in his possession rather than money that belonged to the mortgagee. Regarding who the money belonged to that was paid, a test was used. If the mortgagee or vendee has acquired the property and agreed to use the sale proceeds or mortgage money to pay off past debt, he is making the payment using money that actually belongs to the transferor and not using money that is his.

Historical Perspective

Stringer v. The English and Scotch Marine Insurance Co.[8], was the first English case to use the term “subrogation.” The plaintiffs, in this case, insured a ship cargo with the defendants for the ‘taking at sea, arrests, restraints, and detention of all Kings, princes, and people.’ The ship was eventually captured by a US cruiser and transferred to New Orleans, where a lawsuit for its condemnation was filed. The plaintiffs successfully challenged the action, and the captors appealed. The plaintiffs were compelled to provide security for fees, which they could not pay.

As an outcome, the ship was condemned, and the plaintiffs filed a formal notice of cargo abandonment, requesting that the insurance compensate them for their whole loss. The court stated that the plaintiff, as assured, had the option of contesting the appeal in an American court or claiming a loss under the policy. The insurers were forced to pay because the assured picked the latter. The insurers were entitled to be subrogated to them after they had paid. They’d take whatever they could from the Americans for their own profit.’[9]

Both Canadian and English legal systems hold that an indemnification contract does not give birth to subrogated rights. It results from the relationship’s application of the common law. Under common law, subrogated rights do not manifest themselves until the insured has received full payment for its losses. The insurer has the right to sue the offender on behalf of the insured and obtain any verdicts after full indemnity has been paid. The insured has a responsibility to cooperate in the lawsuit in circumstances like providing testimony at trial. The ideas of subrogation established by equity were accepted and welded into common law in the case of London Assurance Co. v. Sainsbury[10]. The common law played a significant role in shaping the future of this equitable theory. In the case of Deering v. Winchelsea[11], the Court of Exchequer concluded that the ‘bottom of contribution’ is a permanent principle of justice that is not established in the contract: His contribution is regarded to be based on equity, with no mention of a contract. In a Court of Equity, the principle is more obvious than in a Court of Law.

The court explained the basis on which courts of law could justify the adoption of equitable norms in the sphere of contribution in Craythorn v. Swinburn[12]. If there are co-sureties under the same instrument, and the creditor requires one of them to settle the principal obligation or any part of it, that surety has the right to call on his co-surety for contribution, either on the basis of equity or contract.

Doctrine of Subrogation in India

Subrogation is a doctrine founded on ideals of equity, justice, and morality. The basic tenet of the doctrine is that the individual who pays off a mortgage inherits all of the mortgagee’s rights. Even in parts of India where the Act itself did not apply, this notion was rendered applicable.[13]  Section 92 of the Transfer of Property Act, of 1882, recognises and describes the Right of Subrogation.

In the case of Gokuldas v. Puranmal[14], the Privy Council applied the principle of subrogation to a purchaser of the equity of redemption, holding that Gokuldas was subrogated to the rights of the prior mortgagee whom he had paid off and that this claim could not be disposed of unless it was redeemed. Gokuldas, the mortgagor’s creditor, bought the equity of redemption at a sale in execution of a money decree and took possession, according to the facts of the case. He paid off a previous mortgagee, but a puisne mortgagee sued him for possession. A mortgagor who pays off a prior debt is not entitled to be subrogated to his creditor’s rights and remedies. This is because, by releasing a former encumbrance he established, he is releasing his own debt to his creditor.

In the matter of Narain v. Narain[15], it was established that where the mortgagor redeems the property himself, the doctrine could not be applied. A mortgagor who pays off a former debt is not eligible to be subrogated to his creditor’s rights and remedies. This is because he is discharging his own duty to his creditor by eliminating a prior encumbrance he imposed.

The Madras High Court ruled that when a subsequent mortgagee redeems a prior mortgage, there is no doubt about whether the payment is for the advantage of the mortgagor or the mortgagee. To determine whether section 92 applies, all that is required is to determine whether the individual claiming the benefit of this section was a mortgagee during the time he made the payment.

Kinds of Subrogation

Section 92 of the Transfer of Property Act, of 1882, mentions two kinds of subrogation:

A. Legal Subrogation:

Paragraph 1 of Section 92 deals with legal subrogation. A legal subrogation occurs as a result of the law’s operation. A legal subrogation occurs when a mortgage loan is paid off by someone who has an interest or charge on the debt, or who is a surety, creditor, or co-mortgagor to safeguard the interest. When a subsequent mortgagee redeems the former mortgagee, a co-mortgagor redeems the mortgage, a surety redeems the mortgagee, or a purchaser of equity of redemption redeems the mortgage, legal subrogation occurs. The following people can claim Legal Subrogation:

1. Puisne mortgagee: This person is a subsequent mortgagee who redeems a prior mortgage and is entitled to subrogation to the preceding mortgage’s position.

2. Surety: Under section 91, a person who acts as a surety in a mortgage for the repayment of the loan if the mortgagor fails to do so is also entitled to redeem the mortgaged property. When the mortgagor’s surety redeems the property, he becomes subrogated to the creditor’s status and rights.

3. Co-mortgagor: The co-mortgagor is liable only to the extent of his portion of the debt. He becomes entitled to be subrogated in lieu of the other mortgagor when, in addition to redeeming his own part, he also pays off the other mortgagor’s portion.

4. Purchaser of equity of redemption: There is some ambiguity about whether or not the purchaser of redemption equity could be subrogated. The mortgagor’s equity of redemption is considered his property, which he can sell or transfer. The buyer of such equity becomes the property’s owner.[16]

In Mallireddi Ayyareddi v. Gopalakrishnayya[17], It was held that the purchaser may be paying off an earlier charge, treat himself as buying it and stand in the same position as his vendor, but it would not apply if the owner of the property (by which expression is meant the purchaser) has covenanted to pay the latter mortgage debt. The judges then proceeded to hold the covenant must be with the original mortgagor who was personally bound to pay the mortgage or his heir at law. The learned judges thereafter held that the stipulation that the sale was to be free of all encumbrances implied a covenant that the vendee was to be entitled to subrogation on redeeming prior mortgage from out of consideration for the sale.[18]

B. Conventional Subrogation:

Paragraph 3 of Section 92 deals with conventional subrogation. When the individual paying off the mortgaged obligation is a stranger, a traditional subrogation occurs since the stranger has no interest in protecting the mortgaged property. This person repays the loan under the arrangement that he will be subrogated to the rights of the paid-off mortgagee. It’s a subrogation based on a contract. This subrogation agreement can be written and registered, and it can be expressed or inferred.

In Surjug Devi v. Dulhin Kishori Kuer[19], it was held that a person who has no interest in the equity of redemption or the property mortgaged but the person pays off the mortgage and got the possession, is a mere volunteer with no equities in his favour and is not subrogated to the rights of the mortgagee. A suit for possession against him by the owner of the equity of redemption without paying the mortgage money is maintainable.

Conclusion

It is important to look at how the insured party gets reimbursed for the loss they have suffered when assessing the applicability of equitable subrogation rules. The risk profile of a particular exposure can be significantly impacted by the presence or lack of subrogation rights, particularly in the case of big and complex risks involving multiple insureds. Following a defeat, the party taking over the proceedings must be cautious when reaching a settlement and make sure it complies with its duty of good faith. The settlement must be in accordance with legal counsel with respect to the merits of the total claim.

There is a great deal of uncertainty over who is in charge of the proceedings and how the proceeds of any recovery should be divided between them when a subrogated claim contains damages that are not covered by the policy. The legislation stipulates that in order for the surety to get the full amount of their claim, all securities must be handed to them. According to the Supreme Court of India, subrogation rights cannot be intentionally agreed upon; they may only be awarded as a result of the law. The insurer is not a “consumer” under the terms of the Consumer Protection Act, of 1986, according to the Supreme Court of India, which also ruled that subrogation is the assignment of rights by the insured. As a result, the insurer is not permitted to make a complaint.

References

[1]  D.Silviya Dixina,  A Critical Analysis on the Doctrine of Subrogation under Transfer of Property Act, Available Here 

[2]  Abigail D’mello, Doctrine of Subrogation – Transfer of Property Act, Available Here

[3]  AIR 1930 Pat. 579.

[4] (1910) 6 Cal. LJ 134

[5] (1937) 39 BOMLR 1309.

[6] AIR 1939 All 190 (192).

[7] AIR 1937 Nag 372.

[8] LR 4 QB 676.

[9] Shruti Majumdar, the Doctrine of Subrogation under the Transfer of Property Act, Available Here

[10] [1783] 3 Doug KB 245.

[11] [1787] 1 Cox, 318

[12] (1807) 14 Ves. 160 : 33 E.R. 482 : 9 R.R. 264.

[13] M.V. Chandramathi, One Thought on ‘The Doctrine of Subrogation under Transfer of Property Act’, Available Here

[14] AIR 1923 Mad 349 (India).

[15] AIR 1931 All 40.

[16] Doctrine of Subrogation, Available Here

[17] (1924) 47 Mad 190: 51 IA 140: AIR 1924 PC 36

[18] A.I.R. 1951 Mad. 917.

[19] A.I.R. 1960 Pat. 474.

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Law Aspirants: Ultimate Test Prep Destination

One Day National Conference on Suicide – Economic, Social, Political & Legal Implications is being organised on 25 Feb 2023 by The Central Law College, Salem.

About the College

The Central Law College, Salem is recognized by The Bar Council of India, New Delhi and originally affiliated to University of Madras and later with The Tamil Nadu Dr. Ambedkar Law University, Chennai. The institution is a reputed and prestigious institution conducting Five years B.A.LL.B Integrated Law Course, Three years LL.B Law Course and LL.M in the State of Tamil Nadu since 1984, founded by Prof. R.V.Dhanapalan.

The college celebrated its Silver Jubilee in the year 2009. The college is well known for its Legal Education and aims to introduce the students to the basic concepts of law and enrich them with knowledge and experience with the aim to shape them to take up the Legal Profession with Dignity.

About One Day National Conference on Suicide – Economic, Social, Political & Legal Implications

The prevalence of suicide among the youth has been increasing in recent years. The number of socio-economic crises including suicide rates, alcohol consumption and divorce rates are known to be more common in many places across our country. In India, the number of persons who attempt suicide is twenty-five times that of the number of persons who commit suicide every year. Suicidal feelings can affect anyone, of any age, gender or background at any time. Economic, social, psychological, political and other factors can interact to increase the risk of suicidal behaviour. Risk factors for suicide include mental health problems, disorders, usage of problematic substance, job loss or financial loss, trauma or abuse and chronic pain or illness.

The impact on families, friends and communities is devastating and far-reaching, even long after persons dear to them have taken their own lives. The stigma attached to suicide is that many people feel unable to seek help. The economic, social, political and legal implications for the government and the society in this regard are highly enormous and understanding these contexts is essential for effective prevention. The solutions to the challenges related to preventing suicide in contemporary society is one of the zealous tasks for many researchers.

On account of this view, The Central Law College, Salem organizes a one-day National Level Conference on the theme “Suicide – Economic, Social, Political and Legal Implications” on 25th February, 2023. There are various sub-themes with reference to the main theme that explores the vast areas of research. This conference also seeks to explore various behavioural imbalances that trigger suicidal thoughts and also the suicide prevention laws.

Sub Themes

• Digital Money Fraudulent
• Elimination of violence against women under Domestic Violence Act
• Cyber Violence
• Impact of Physical and Mental Pain on suicidal thoughts
• Custodial Suicide
• Emotional Violence and Abuse against LGBTQ Community
• Public Health action for Prevention of Suicide
• Failures: A Stigma to Suicidal Death
• Harassment: Sexual, Bullying, Ragging and Discrimination
• Alcoholism and Suicidal Behaviour

Abstract

All Abstracts should be submitted by filling the following google form link on or before 23/01/23.

Abstract Submission Form: Click Here

Registration

Registration should be done on or before 31.1.2023 by using the following google form link https://forms.gle/BBat2Exwm91kZyE49 . Author and Co-Author have to pay their fees individually for registration. Co-authors will have to use the same registration form.

Full Paper

Full paper can be submitted using the following google form link on or before 10/02/2023.

Full Paper Submission Form: Click Here

Participation

Those who are interested only to participate should register and pay the prescribed fee using the google form link on or before 31/01/2023.

Participation Form: Click Here

Page Limit

Full paper should not exceed 3000 words.

Text

Size 12-pt. Times New Roman, 1.5 line spacing; heading 14-pt (bold), Times New Roman:Sub-headings 12-pt (bold), Times New Roman.

Reference Style

Authors to Cite Reference and avoid Plagiarism. The Blue Book: A Uniform System of Citation – 21st Edition reference style or APA reference style should be followed strictly.

Author Name and Designation

Author Name and Designation would appear under the Title of the Paper on the First Page / Abstract.

Participation Fees

Student Participation Fee: Rs.250/- (Conference kit & participation certificate will be provided)

Advocate, Academician, Research Scholars, Participation Fee: Rs.500/- (Conference kit & participation certificate will be provided)

Registration fee for Paper Presentors: Rs.750/- (Author & Co-author should pay separately)

The registration, participation and publication fee can be paid through all UPI Platforms, Net Banking, Mobile Banking or DD in favour of “The Principal (Expenses)”, payable at Salem and addressed to The Principal, The Central Law College, Salem-8

Payment Details

• Bank Name: Tamil Nadu Mercantile Bank
• Branch: Kannankurichi Branch, Yercaud Main Road – 636 008
• Account no: 060100050301715
• IFSC: TMBL0000060
• Account Mobile No: 73394 82224

Important Dates

• Last Date for Abstract Submission – 23rd January, 2023
• Abstract Acceptance Intimation Date – 25th January, 2023
• Last Date for Registration and Fee payments (for Authors, Co-Authors and Participants) – 31st January, 2023
• Last Date for Full Paper Submission – 10th February, 2023
• Date of Conference – 25th February, 2023

Contact

E-mail

[email protected]

Conference Co-ordinators:

• Mrs. Nivetha Priya K.V.S: +91 98942 94664
• Mrs. Jessy Mathew: +91 88381 02653

Address for Correspondence

The Conference Coordinators, The Central Law College, Yercaud Main Road, Kannankurichi Post, Salem – 636 008. Ph: 0427-2400643

Submitted By: Mrs. Nivetha Priya

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Law Aspirants: Ultimate Test Prep Destination

Call for Papers is being invited by National Law Institute University for 3rd NLIU Conference on Gender and Law for which abstracts are to be submitted by 13 January, 2023.

About the Organiser

The National Law Institute University (NLIU) is a law school and centre for research located in Bhopal, India. Established in 1997 by the state of Madhya Pradesh, it is one of the first three law schools to have been established under the National Law School System.

Gender Justice Cell, NLIU was established in 2004 with an aim to promote gender equality and to sensitise and create awareness on gender related issues. It promotes research based on the theme Gender and Law through its Journal and Blog. The Gender Justice Cell, NLIU seeks to conduct the 3rd NLIU Conference on Gender and Law on 18-19 February 2023.

About 3rd NLIU Conference on Gender and Law

Objective

The aim of this programme is to further the idea of Gender Justice and to initiate discussions on the relevant but prominent topics pertaining to Gender and Law at the national level.

Date and Venue

The Conference will be organised on 18-19 February, 2023 at the Convention Centre, National Law Institute University, Bhopal.

Eligibility

Students from undergraduate, post graduate and doctoral qualification, academicians and scholars, practitioners, consultants, researchers, and policy makers from different backgrounds across the world.

Themes

We welcome original and unpublished contribution from students, academicians, and practitioners for the conference. The suggested themes under the topic of the conference are:

• Criminal and Personal Laws in India
• Criminal Law Reforms in India: An opportunity for Gender Neutral laws
• The Need for a Uniform Civil Code for elimination of Gender Discrimination in Personal Laws
• Property Rights of women across different religions
• Labour, Corporate Law and Gender
• Women, Business and Law: Reforms in Corporate Law
• Enabling Women’s Entrepreneurship through Smart Legislative and Policy Design.
• Addressing Gender Discrimination Issues at the Workplace.
• Gender Justice and Labour Law in India
• Global Issues: Gender Equality
• Global efforts on the Elimination of All forms of Discrimination against Women
• Convention on Child Rights: The vulnerabilities of girls in conflict with the Law.
• Global Issues in Gender related crimes.
• Atrocities against women in cases of dictatorial regime
• Good Governance and Gender Equality
• Gendered Effects of COVID-19 Pandemic
• Role of Government and NGO’s in Gender Sensitisation.
• Analysing the Role of National and State Commission for Women in representing the rights of women.
• Highlighting the Importance of Women in Leadership roles

Note: Themes are indicative in nature and not restrictive. Any entry beyond the suggested theme is welcome.

Timeline

• Call for Abstracts: 25 December, 2022
• Last Date for Abstract Submission: 13 January, 2023
• Abstract Selection:15 January, 2023
• Final Submission of Paper: 31 January, 2023
• Final Selection for Presentation: 5 February, 2023
• Last date for Registration and Payment: 7 February, 2023
• Conference: 18-19 February, 2023
• Publication of manuscripts in Book Format: 30 March, 2023

Submission Categories

Papers can be submitted under the following categories:

1. Long Articles: Between 5000 and 8000 words. Papers in this category are expected to engage with the theme comprehensively and offer an innovative reassessment of the current understanding of that theme. For a long article, co-authorship of up to two authors is permitted.
2. Essays: Between 3000 and 5000 words. Essays are expected to be far more concise in scope. These papers are usually meant to deal with a very specific issue and argue that the issue must be conceptualized differently. They should be more engaging, and make a more easily identifiable, concrete argument.
3. Case Notes and Legislative Comments: Between 1500 and 2500 words. These are analyses of any contemporary judicial pronouncement or a new piece of legislation/rules/consultation papers whether in India or elsewhere. The note must identify and examine the line of cases through which the decision in the question came about, and comment on implications for the evolution of that branch of law. In the case of legislative comment, the note must analyse the objective of the legislation and the legal impact the same is expected to have.

Registration and Payment

Registration

After the final selection of the paper, the authors/ co-authors will be required to fulfil the registration process by filling the registration form and paying the registration fees. The registration form will be mailed to the authors of the selected manuscripts by the email.

Registration fee includes the expenses for participation in the conference, publication of the contribution in the book format, conference attendance certificate, lunch during conference, badge, conference bag and/or conference accessories and refreshment breaks.

Payment

Upon submission of the registration form, the participants can pay their registration fee by PayPal, Google pay or Debit/Credit Card. The registration fees is to be submitted only by authors whose final papers have been selected for presentation in the conference. The amount of fee to be paid are as follows:

• For Academicians, Professionals and PHD Scholars: INR 1500 per author
• For Students enrolled in undergraduate or post graduate programme: INR 1000 per author

Submission Guidelines

• The author shall submit an abstract of not more than 300 words with a covering letter containing the name(s) of the author(s) and address, designation, institution/affiliation, the title of the manuscript, theme and contact information (email, phone, etc.). The submission must be made to [email protected]
• The authors of the selected abstracts will be asked to submit manuscripts. The authors of the final selected manuscripts will be called for Paper Presentation. Co-authorship is permitted up to 2 authors.
• The manuscript should be on A4 sized paper in MS Word, typewritten in British English using Times New Roman, font size 12, 1.5 line Spacing, justified and 1-inch margins on each side. Footnotes should be in font size 10 and with single line spacing.
• The Authors should conform to the OSCOLA (Oxford Standard for the Citation of Legal Authorities).
• Authors should provide their contact details, designation, institutional affiliation and address in the covering letter for the submission. The Manuscript should not contain any identification of the author/s, which shall be a ground for rejection of the submission.
• The submission must be the original work of the authors. Any form of plagiarism will lead to direct rejection.
• Manuscripts shall be assessed by subjection to Blind Review Procedure. Reviewers shall not be informed of the author’s name, university, year in college, or any other personal information.
• The Editorial Board reserves the right to edit, change, shorten and add to your article for the original edition and for any subsequent revision along with the right to republish the article as part of an anthology in later years: provided that the meaning of the text is not materially altered.
• It is the responsibility of the author(s) to ensure that the manuscript does not infringe copyright and due credits are given to all the contributors. The copyright of the manuscript finally presented shall vest jointly with the author(s) and NLIU. Where the author subsequently wishes to publish the article, the author is requested to obtain prior permission from the Editorial Board of the Conference and acknowledge that the article first appeared in the Conference proceedings.

Organisers

Prof. Dr. Raka Arya, Faculty In-charge, Gender Justice Cell, NLIU Bhopal

She is a professor at NLIU Bhopal and has been appointed as a member of the 22nd Law Commission of India. She has a teaching experience of 20 years. She has been graduated from Agra University in 1984; and did her LL.B. from the Aligarh Muslim University, Aligarh in 1987. She completed her Post Graduation (M.A.) from Agra University, Agra. She gained her M.Phil (1993) and Ph.D from Jawaharlal Nehru University, New Delhi in 1999. She worked on French Policy of National Nuclear Independence: Its Rationale and Relevance to India as her Ph.D Thesis.

Student Co-ordinators, Gender Justice Cell, NLIU Bhopal

• Monish Raghuwanshi, Convenor, Gender Justice Cell, NLIU Bhopal
• Mili Rawat, Co-convener, Gender Justice Cell, NLIU Bhopal
• Kriti Agarwal, Joint Secretary, Gender Justice Cell, NLIU Bhopal
• Juhi Mandhare, Joint Secretary, Gender Justice Cell, NLIU Bhopal
• Anupam Mishra, Treasurer, Gender Justice Cell, NLIU Bhopal

In case of any queries, kindly drop an email at [email protected]

Submitted By: Organising Committee

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Law Aspirants: Ultimate Test Prep Destination

21st Dinesh Vyas Memorial Government Law College National Legal Essay Competition is being organised by Government Law College, Mumbai

About the Organisers

About Government Law College Mumbai

With a heritage spanning over 150 years and a seemingly endless list of eminent alumni, Government Law College, Mumbai has been considered as a premier institute of legal education since its inception in 1855. Having humbly begun as evening classes in a borrowed premises, this college that first lit the candle of legal education in India, stands tall amongst all its contemporaries. Government Law College has a distinguished tradition.

The College has, over the years, produced a number of eminent Judges, whose erudition and independence has been and continues to be, a great source of inspiration to the members of the Bar and the Bench. The list of alumni includes statesmen, distinguished lawyers and activists who have been at the forefront of social reconstruction. The interaction of the students with the distinguished members of the legal fraternity in a cultivated institutional environment that is constantly attempting to redefine the parameters of education, adds to the charisma of this institution.

About the Magazine Committee of Government Law College, Mumbai

The Magazine Committee of Government Law College, Mumbai curates the annual magazine of the college titled méLAWnge. méLAWnge is not just an annual publication, it is a part of aeonian history. It is for this reason that students, professors, lawyers and judges have come together, once again, to breathe life into this edition.

About 21st Dinesh Vyas Memorial Government Law College National Legal Essay Competition

The Magazine Committee of Government Law College, Mumbai presents the 21st Dinesh Vyas Memorial Government Law College, National Legal Essay Competition 2021-22

Writing is a proclivity that a lawyer must never detach from himself, and thus, each year, the Magazine Committee of Government Law College, Mumbai, organises a national level legal essay writing competition, the ‘Dinesh Vyas Memorial Government Law College National Legal Essay Competition’. The Dinesh Vyas Memorial Government Law College National Legal Essay Competition is sponsored in the memory of Late Mr Dinesh Vyas, one of GLC’s most distinguished alumni, who obtained his LLB degree from Government Law College in 1967.

The Topics for this year’s edition are:

• Analyse Indian laws with respect to reproductive rights. Do they sufficiently protect the bodily autonomy of all the stakeholders involved?
• With reference to previous laws passed, address the need for formulating a refugee law in India.
• In light of the recent establishment of the Sports Arbitration Centre of India, comment/shed light upon the scope of arbitration in disputes relating to sports.
• Critically appraise the concept of live-streaming court proceedings. Does it do more harm than good?
• Analyse the Mediation Bill, 2021. Is it a step forward in the right direction?

Eligibility

Students pursuing LL.B. (3 Years or 5 Years Courses)/ LL.M. course from any recognised University or College can participate in the competition.

Registration

The registration is free and open to all candidates fulfilling the eligibility criteria provided hereinabove.

Prizes

• 1st Prize: ₹20,000/-
• 2nd Prize: ₹15,000/-
• 3rd Prize: ₹10,000/-

The first prize winning entry will be published in méLAWnge 2021-22, the Annual College Magazine of Government Law College, Mumbai. All publishing rights will remain with the organising committee.

Important Dates

The entries must be submitted on or before 23rd January 2023.

Submission Rules

• The Essay must be written in English.
• Each entry must be the original and previously unpublished work of the participant.
• A copy of the entry should be e-mailed to [email protected] in both the PDF and Word formats with the subject “Entry for Vyas 2021-22”.
• Participants must submit a short bio-data in the body of the e-mail containing the following information: Full name, year, college name, telephone number & postal address along with personal contact number, email-id & postal address.
• In the body of the same email, participants are required to specify which topic they have chosen to write on. Such specification must not be included in the entry itself.
• Participants must submit a scanned copy of their College Student Identity Card or equivalent Fee Receipt. Entries which do not contain the same, will not be accepted.
• No Registration fee is to be paid by the participants.
• Co-authorship up to 2 authors is permitted within students from the same educational institution.

Presentation Rules

• Each entry should be no shorter than 3500 words, and no longer than 5000 words. The word limit is inclusive of footnotes.
• The entry should adhere to the following formatting requirements: Font type – Times New Roman, Font size – 12, Double-spacing, One inch margin on each side, with justified alignment of text.
• The footnotes should adhere to the following formatting requirements: Font type – Times New Roman, Font size – 10, Single-spacing, with justified alignment of text.
• The citation must be strictly in accordance with the Harvard Blue Book Citation Style, 20th Edition.
• The identity of the student or the college, university, institution, etc. should not be revealed in the text of the essay in any manner whatsoever.

Marking Criteria

The following are the criteria for marking and the marks allotted to each category:

1. Overall subjective evaluation – 10
2. Issues covered and ingenuity of ideas – 25
3. Flow and structure of essay – 25
4. Legal content and use of authorities, references etc. – 30
5. Language – 10

Negative marks shall be allotted as per the following scheme:

• Violation of word limit (per 150 words) -2 marks
• Violation of each presentation rule -2 marks.

Miscellaneous

• All entries shall be deemed to be the property of ‘Vyas Memorial Government Law College National Legal Essay Competition’, which reserves the right of publication of the same in any periodical, journal, book, electronic resource or in any other manner as it may deem appropriate
• The organising committee’s decision as regards the interpretation of rules or any other matter related to the competition shall be final.
• In the event that any situation arises, which is not contemplated in the rules, the organising committee’s decision on the same shall be final. The organising committee reserves the right to vary, alter, or repeal any of the above rules as they deem appropriate.
• The decision of the judges shall be final and binding on all concerned.

Contact

Email

[email protected]

Phone

Khadija Hetavkar (Chief Student Editor) – +91 91360 32099

Submitted By: Organising Committee

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Law Aspirants: Ultimate Test Prep Destination

Despite the many good outcomes it could have on states and municipalities, others still argue that the dangers are not worth it. The tide of opinion may be turning, yet there may be merit to the opposing viewpoint.

Here I’ll discuss the advantages and disadvantages of legalized gambling and sports betting in the United States.

The Good Sides of Legalized Gambling and Sports Betting

Here are the good sides of legalized gambling and sports betting.

It Results in Substantial Tax Income

One area where states always use improvement is in their ability to bring in tax dollars. The government’s tax revenue is crucial for carrying out its duties, which include providing for things like schools, parks, infrastructure, and, of course, politicians’ salaries.

Since it is still early and there isn’t enough accurate data on the subject in most states, it is difficult to calculate precisely how much money legalized gambling has the potential to bring in.

New Jersey, one of the states that have plunged into the field of regulated sports gambling avidly in recent years, received nearly $50 million in tax revenue from the legalized gambling business in 2020 alone. Almost $40 million was also brought in during this period by Pennsylvania.

Legalizing something previously illegal is always justified because the government may use the tax revenue to fund essential programs. It becomes increasingly difficult to justify keeping something illegal when the state wins and private enterprises, such as the gaming industry, profit. The marijuana business has successfully piloted this approach and has now become a significant source of revenue for pioneering states like Colorado.

To what extent gambling earnings affect state budgets remain to be seen, but it appears that jurisdictions where gambling is permitted will benefit.

It Consolidates Black Market Dealings

Again drawing parallels between the pro-legalization of gaming and the pro-legalization of marijuana camps, it is argued that: After legalization, fewer people will be working illegally behind the scenes.

People will place bets on anything, including gambling, regardless of whether or not it is allowed where they are. This is especially true in sports betting, which has existed for hundreds of years regardless of whether or not there has been a legal method of processing bets and winnings.

It’s not exactly ground-breaking news to suggest that organized crime and sports gambling were inextricably linked for most of the 20th century, especially in major cities. Perhaps nostalgically, the days of the “smart guys,” who had to resort to specific intimidation to collect their due money from losing bettors, are almost nice to consider. States were losing money for two reasons:

It’s always interesting to think about the other side of the debate when making a case for legalization (in this case, sports betting legalization). Most frequently, these businesses offer this kind of service to their clientele. Once something is legitimized, there is no longer a need for their services.

These factors may explain the recent trend toward legalizing sports betting and mobile gaming. Despite the decline in criminal groups, there is still a need for a once-common service. Ultimately, it’s probably best for all parties concerned if gambling were to occur in the open, under strict laws that guarantee the safety of both the casino and the gamblers.

The Ugly Side of It

Here are the ugly sides of legalized gambling and sports betting.

It’s Truly Addictive

Any state would welcome the chance to increase its tax revenue by tens of millions. Still, there will inevitably be a few issues with compulsive gamblers when betting is readily available, especially when playing at real money online casinos like BetShah.

From the state’s point of view, an individual who never gambles contributes nothing to the overall pool of gambling tax money, and an individual who gambles away their life savings contributes similarly little to the local economy. The great potential for addiction to gaming is often cited by those against legalized gambling and sports betting.

It’s perhaps a bit exaggerated to assume that a state will suddenly collapse after legalizing gambling because its inhabitants can’t handle the new obligations that come with broader access to betting. The vast majority of people who gamble do so without experiencing serious consequences or acquiring a full-fledged addiction. Unfortunately, certain people are predisposed to behavioral addictions, and the effects of legalized gambling, including internet casinos, will be felt by those people. That’s transpiring right this minute.

An argument might be made that people will be more aware of the risks after legalization. The social stigma attached to gambling will likely decrease when gambling is legalized. Moreover, with the revenue that gaming facilities or online sportsbooks will make after legalization, they will be able to afford the resources that will be necessary to treat anyone suffering from compulsive gambling. This may be idealistic, but all parties have potential benefits if marijuana is legalized.

The Sports’ Integrity May Be Compromised

There have been sports betting scandals at various levels of competition throughout sports history. Dozens have indeed been uncovered, and it’s also true that many more have taken place without ever being disclosed. However, is this a major issue when weighed against the vast number of games being played?

Tens of millions of Americans support efforts to keep sports honest. However, all of the previous gambling scandals occurred when sports betting was illegal. Thus, it is hard to predict that betting’s legal status will significantly impact the frequency of these events.

One of the most cherished principles in sports is an emphasis on fair play. The potential for sports betting abuse exists wherever there is a financial incentive that overcomes an athlete’s commitment to ethics.

Bribery of players, coaches, or officials might be reduced if the practice were legalized, with accompanying laws. There will be more controversies involving illegal gambling in the future. The only unanswered question is whether or not its incidence would increase from historical norms.

Conclusion

Sports betting and online casino gambling have been controversial topics for decades, but public opinion has finally swung in favor of legalization.

Legislators have come to the astute conclusion that people will continue to gamble on sports regardless of the legal climate and that collecting a cut of the action is in their best interest. Only some states are on board, but support is growing, and general legalization will probably occur soon.

The article ‘Indian Laws to protect orphans’ extensively covers the present legal scenario relating to orphans’ legal rights, the laws governing the said subject matter and a comparison to the position relating to this in other countries. The author feels sorrow for the orphans and suggests that there is a sheer need to develop a single legislation for this issue so that those homeless can have homes for themselves and their families to live in.

Introduction

India, the second-most populated nation in the world, is home to many orphaned kids. Many children either lose their parents or are abandoned by their families in India as a result of the country’s challenges with poverty, starvation, and corruption. According to UNICEF, around 25 million children were orphaned in India in 2007. India has experienced a sharp rise in the number of orphans after the Covid-19 pandemic began in 2020. Therefore, it is crucial to examine the current legal system in India that aims to safeguard orphans.

Indian orphanages have grown significantly throughout the years. Orphans used to be sold as slaves and exploited throughout the colonial era. These kids were taken away from their parents and made to work against their will. These youngsters were housed in orphanages that did exist but weren’t always subject to strict regulations. Children were not being educated or having their basic needs met, and these circumstances raised grave worries.

Let us analyse the legal scenario relating to the same in more depth further.

Existing legal rights of Orphans

Following are some of the basic rights which every orphan must be guaranteed. These rights majorly include the right to education, right to life, protection from exploitation, right to health, and right to citizenship. Let us discuss them in detail:

a) Right to Education

All children between the ages of six and fourteen are guaranteed free education under Article 21-A. This places the burden of ensuring that orphans obtain a fundamental education on the state, just like other kids.

b) Right to Life

The protection of each person’s life and freedom is guaranteed by Article 21 of the Indian constitution. Orphans would benefit from this because of how vulnerable they are. Their right to exist and use their freedom equally with everyone else is upheld by Article 21.

c) Protection from Exploitation

If an orphan is under the age of fourteen, their protection from trafficking, forced labour, and employment in dangerous regions is guaranteed by Articles 23 and 24 of the Indian Constitution.

d) Right to Health

The Right to health is included in the interpretation of Article 21. The right to decent physical and mental health belongs to every orphan kid.

e) Right to Citizenship

The right to citizenship is further explained in Part II of the Indian Constitution. Every orphan has the right to a legally recognised name and citizenship in any nation. Any state would defend their well-being as a result of this.

The Orphanages and Other Charitable Homes (Supervision and Control) Act, 1960

The Orphanages and Other Charitable Homes (Supervision and Control) Act, 1960 is one of India’s most notable orphanage statutes. Through this decree, the state governments are given the authority to establish a Board of Control to oversee and manage all “homes” in that state and to put down specific guidelines for the Board’s terms, membership, and duties. The Women’s and Children’s Institutions Act of 1956, which related to the provisions of this legislation, was repealed by this act, which came into force in 1960.

Powers and Functions of the Board of Control

These Boards are in charge of monitoring the efficient operation of all the homes in the state, conducting inspections, allocating funds, and resolving any issues with the homes in the proper manner. In addition, the Board of Control examines the legitimacy and legality of these existing homes, approves or rejects applications for such legality in the form of a certificate for a new home, and handles the revocation of said certificates in situations of management that are subpar in terms of the law and morality. However, individuals or groups that are adversely affected by the board’s decision may always file an appeal with higher authorities, such as the State Government or the Court.

Other Relevant Laws and Statutes

i) The Juvenile Justice (Care and Protection of Children) Act, 2015

This law is about children and doesn’t necessarily apply only to orphans. In accordance with orphanage laws, this law covers matters such as young children that require protection, nurturing, and care as well as their growth, education, treatment, and rehabilitation. This law addresses both offences done by and against children.

ii) The Immoral Traffic (Prevention) Act, 1956

This Act makes prostitution and trafficking illegal, including the operation of certain locations as brothels and subsisting on the proceeds of prostitution, but it exempts voluntary and unprompted prostitution. This Act is important because it safeguards orphans against prostitution and human trafficking.

iii) The Right of Children to Free and Compulsory Education Act, 2009

In relation to this topic, it largely focuses on the education of orphans. Established organisations that get funding from charities or the government to care for the kids in their care have a tendency to divert the money to their own needs rather than giving the kids the compulsory education they need to succeed. In situations like these, this Act submits instructions and grievances. The Board of Control has the authority to revoke the authorization to operate an orphanage as well as the certificate of authenticity.

iv) The Child Labour (Prohibition and Regulation) Act, 1986

This Act forbids the employment of minors under the age of 15 in any type of labour and forbids a number of jobs for children under the age of 18. This Act forbids orphanages from using their charges as slaves or as labourers, respectively. No one is allowed to pledge labour on behalf of a kid, according to the Children (Pleading of Labour) Act of 1933. For those who make such pledges and for those who hire children through such pledges, there are stringent penalties in place. An agreement signed with a person as its goal is void even under Indian contract law.

v) The POCSO Act, 2012

This legislation has aided victims of sexual offences against orphans on numerous occasions in the past. It is a law that covers and acknowledges all sexual assaults on children. Harassment is involved, including “bad touch,” stalking, and exposing the child or the perpetrator. The Act, which is recognised as valid globally, imposes severe penalties for such offences.

The Orphan Child (Provision for Social Security) Bill

In 2016, the Lok Sabha heard the Orphan Child (Provision for Social Security) Bill. The measure has not yet been passed, though. It has numerous clauses that were written with the goal of ensuring the well-being of orphan children. The provisions included in the Bill are as follows:

a) Section 3 mandates that every ten years, the central government examine orphan children.

b) A national orphan protection policy must be developed, according to Section 4.

c) The central government must establish a fund for the purpose, according to Section 6.

d) Foster care homes may be established under Section 8.

Position in other countries

Let us look at U.S. and U.K.’s legal scenarios relating to orphanage laws prevalent currently:

a) U.S.

Traditional institutions like orphanages no longer exist in the United States of America. Instead, they have a foster care system that is supported by the government and adoption that is handled by both public and private organisations. This makes it possible to provide orphans with more individualised attention and care. Child Protective Services (CPS) is a well-known institution in the USA that saves kids from dangerous situations and places them in foster care. As a result, not all children placed in foster care are orphans. They frequently attempt to contact their parents, but if that proves to be difficult, they are given up for adoption. Children in foster care are safeguarded until they are adopted.

b) U.K.

Even in the UK and many other EU nations, orphanages are becoming a thing of the past. Today, the majority of nations use the contemporary foster care system. Many people contend that institutionalisation harms children’s well-being and stunts their personal development while foster care might offer a more nurturing environment for kids. The Child Care Act of 1980 is the statute in the UK that deals with the care of orphans.

Suggestions

Although many claims it is to prevent children from exploitation, India’s adoption rules are infamous for being onerous. Due to the staggering number of children who have become orphans as a result of the pandemic, it is preferable to loosen the adoption process and implement strict regulatory inspections after adoption to ensure that abandoned children are not used or abused.

Even though it is an option and is recognised legally by Section 42 of the Juvenile Justice Act, foster care is still a relatively new idea in India. Foster care is frequently regarded as being preferable to orphanages for the temporary housing of orphans since it offers a more child-friendly atmosphere. A child’s entire development requires a tailored and welcoming environment.

In contrast to a family or community setting, children who grow up in institutions like orphanages are far more prone to experience mental health problems. Counsellors, psychologists, and psychiatrists must be available at orphanages and other child-care facilities to monitor the children’s mental health. They must be able to grow in a healthy environment, just like other children, at the orphanages that can offer them that. Another obstacle is the absence of legislation designed solely for orphans. To defend the rights of orphans, we need a unique, complete piece of legislation.

Conclusion

Orphans have rights just like everybody else. However, because of their circumstances, many of their rights are violated. Their freedom of movement, right to an education, right to personal identification, etc., are frequently violated. Furthermore, because they are young, they aren’t even aware that their rights have been infringed. Even though the issue of orphanages has made great progress in recent years, there are still institutions and kids that urgently need assistance. These Acts and Laws sentence such attackers to prison and impose fines. The physical and psychological immaturity and fragility that children have carried with them from conception into adulthood are, in fact, the root cause of all crimes committed against them.

The regulations in India still need to pay attention to things like children’s development and mental health in such orphanages. We hope that the government works to improve and ensure the happiness of these kids, who typically represent the most, oppressed and impoverished members of society.

References

[1] Adhila Muhammed Arif, Orphanage laws in India: protection of orphan children, Available Here

[2] Aishwarya Singh, Orphanage Laws in India: Protection of Orphan Children, Available Here

[3] Orphan Child rights in India, Available Here

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This article, ‘Doctrine of Repugnancy’ demonstrates the meaning of this doctrine and its judicial interpretation. The article also encompasses the tests for determining the repugnancy of doctrine along with relevant case laws. This piece of work gives the readers knowledge about the applicability of the doctrine of repugnancy in detail.

Introduction

Initially, with 395 Articles, 12 Schedules, and 8 Parts, the Indian Constitution is the longest-written Constitution in the world. At present, the Indian Constitution consists of 448 Articles divided into 25 parts, 12 schedules. One of the basic tenets of Basic Structure is federalism. Although many jurists believed that the Indian Constitution was a combination of a unitary and a federal structure, it is characterised as a federal constitution because of the distribution of power between the Centre and the States. This federal arrangement frequently causes disagreement or collisions.

The process for dispute resolution between the Centre and the State Legislation issued with respect to any matter listed in List III of the Seventh Schedule is provided under Article 254 of the Indian Constitution in order to avoid conflict.

By virtue of numerous Articles read with Schedule VII, the Constitution of India, the nation’s supreme law, grants the Central and State Governments the authority to enact legislation. Repugnancy is defined as an inconsistency or contradiction between two or more elements of a legal instrument by Black’s Law Dictionary. Any discrepancy between the laws made by the Centre and the State can occur under a system where the ability to make laws is divided between the Centre and the States. To deal with such issues, the Constitution included the Doctrine of Repugnancy.

Meaning of Doctrine of Repugnancy

When two pieces of legislation clash and are applied to the same facts but result in different conclusions or outcomes, this is referred to as repugnancy. Repugnancy occurs when two laws’ provisions are so incompatible and contradictory that it is difficult to act in one way without opposing the other. The Doctrine of Repugnancy is effectively established in India owing to Article 254 of the Indian Constitution.

According to Article 254, the doctrine of repugnancy states that if any part of State law is inconsistent with any part of a Central law that the Parliament has the authority to enact or any part of a law pertaining to a subject on List III, the Central law made by the Parliament shall take precedence and the law made by the State legislature shall be null and void to the extent of its inconsistencies.

According to Article 254(1), a law issued by Parliament will take precedence over legislation passed by the State legislature if one provision of law or a law made by the State legislature conflicts with another provision of law.

According to Article 254(2), if any provision of law or law made by the State legislature on the subject listed in the concurrent list conflicts with any provision of law or law made by the Parliament and if it was reserved for the President’s assent and received the President’s assent, the State law will take precedence over the law passed by the Parliament. As long as Parliament has the ability to change or remove the abhorrent law at any moment prior to the President’s assent.

Judicial interpretation

In order to understand the court’s view on this doctrine, it is imperative to understand some of the important landmark cases that contribute to making this doctrine more relevant and essential with regard to resolving conflicts in-laws of the State and Centre. Let us understand a few of the cases as followed:

1. M. Karunanidhi v. Union of India, (1979 AIR 898)

A constitutional bench of the Supreme Court examined the question of whether legislation passed by the State legislature and a statute passed by the Parliament were incompatible in this instance. It was noted that in order to apply the doctrine of repugnancy, the following requirements must be met: a clear discrepancy between the State Act and the Central Act must be present, the said contradiction must be incommensurable and; it should be difficult to obey one Act without also disobeying the other because of the discrepancy between its provisions, which should be severe enough to bring the two Acts into direct conflict.

The Honourable Court also established certain views in this regard. Two enactments must contain provisions that are so contradictory with one another that they cannot coexist in the same area in order for the theory of repugnancy to apply. It is not possible to repeal by implication unless the laws are inherently defective. This doctrine is not applicable if there are two laws in the same field that have the potential to operate independently of one another. The issue of repugnancy is not raised when there is no inconsistency but an act in the same area causes different offences.

2. Government of Andhra Pradesh v. J.B. Educational Society, (1998 (3) ALD 736)

In this decision, the Court made the observation that the judiciary must interpret laws passed by the State Legislature and the Parliament in a way that avoids or avoids the issue of conflict. However, the Parliamentary law shall have precedence if a disagreement between the two laws cannot be avoided.

The greatest potential for conflict arises in this situation since List III grants the State Legislatures and the Parliament equal authority to enact legislation. Once more, the Court should interpret the law to resolve the disagreement amicably or otherwise use the methods outlined in Article 245. The case where State legislation that has been reserved and received the President’s approval prevails in that State is covered under Clause (2) of Article 254.

3. Hoechst Pharma Ltd. v. State of Bihar, (1982 51 STC 66 Pat)

The impact of Clause (2) of Article 254 is discussed in the case that follows. The Bihar drug manufacturing facility filed the appeal. They established a single wholesale facility in Patna after selling medications throughout Bihar. Drugs would first travel from the wholesaler to the retailer, then to the consumer. They sold 90–95 per cent of the graphs at a controlled price in accordance with the 1979 Drugs Order, made according to the Essential Commodity Act of 1955.

Section 2 of the Bihar Finance Act, mandates that anyone making a profit of more than 5 lacs through any commercial means must pay not more than an additional 10% on a sales tax out of their income and is not even permitted to collect that money from customers, was the subject of the writ petition filed by the appellant. It was noted that the President’s approval of state legislation that conflicts with federal law for a topic relating to a concurrent subject is significant because it causes the state law in that state to predominate, invalidating the application of the statutory provision in that state alone.

Tests for Determining Repugnancy

In the case of Deep Chand v. State of Uttar Pradesh, 1959 AIR 648, the court stated that the following three tests can be used to determine if two enactments are repugnant to one another:

1. Whether the two incompatible clauses are directly at odds with one another.

2. Whether the Parliament intended to replace the State legislature’s statute with an exhaustive enactment on the subject.

3. Whether the laws created by the State legislature and the Parliament address the same subject.

Let us try to decode these three essentials in detail:

Presence of ‘Direct Conflict’

When two laws cannot be put into effect at the same time, it is argued that a direct contradiction exists. When one law precludes the application of another law to the same conduct, this is a clear instance of repugnancy. These facts were present in the Calcutta High Court case Mati Lal Shah v. Chandra Kanta Sarkar, (AIR 1947 Cal 1). Sections 20 and 34 of the Bengal Agricultural Debtors Act of 1936 and Section 31 of the Presidency Small Causes Courts Act of 1882, which is currently in effect in India, have a conflict.

The former demanded that a notice’s service be suspended while certain judgements against agricultural debtors were being implemented.

Whether the Centre has attempted to implement an ‘Exhaustive Code’

For complicated situations, the direct conflict test may seem to be too restrictive. A second principle emerged as a result, which states that if the Central government purposefully created a code for its exhaustive application for regulating the subject, then it would not be harmonious for the State legislation to operate concurrently. This principle was developed for a fuller understanding of the application of the dominant legislation. This test gives the judiciary plenty of room to maintain the paramount legislation’s intended principles and disprove any specialised arguments that might be made in reliance on the direct collision test.

Whether the laws are on the same subject matter

This test closely resembles the exhaustive code test for determining incompatibility between two enactments. It would not be appropriate for state law to legislate in the same field if the central government had passed a law with the goal of controlling the entire sector. Therefore, it is very important to understand that for this doctrine of repugnancy to be applicable, there must be a similarity in the area in which those particular contradicting laws have been passed.

Conclusion

The Union Parliament and State Legislatures are given equal authority to enact legislation under the Indian Constitution. However, conflicts have occasionally arisen as a result of the Constitution’s intricacy; for this reason, the Indian Constitution is referred to as “Federal with Strong Centralizing Tendency.”

References

[1] Pankaj Sevta, Doctrine of Repugnancy, Available Here

[2] Suman Lakhani, ‘Conceptual Comprehension of Doctrine of Repugnancy and its Empirical Enactment’, Available Here

[3] Shashikant Saurav, ‘Doctrine of Repugnancy’, Available Here

[4] Ajoy Karpuram, ‘Supreme Court Clarifies Stance on Repugnancy of Statutes’, Available Here

[5] Darshit Hemang Vora, ‘Constitutional Law: Doctrine of Repugnancy’, Available Here

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Here is a list of 400 Spellings (Common-Error Words) prepared especially to help the students who are willing to crack CLAT UG.

“The law is a profession of words.”…………David Mellinkoff

CLAT UG: Spellings (Common-Error Words)

A

1. Abac

2. Abacus

3. Abdicate

4. Abhorrence, Abhorrent

5. Abolishment

6. Abominable

7. Aborigines

8. Abscess

9. Absence

10. Abstained

11. Accede

12. Accelerate

13. Accidentally

14. Acclaim

15. Accordion

16. Accost

17. Accrue

18. Acme

19. Acreage

B

20. Balloon

21. Barely

22. Basically

23. Befriend

24. Beggar

25. Benefit, Beneficial, Benefited

26. Benign

27. Beseech

28. Besiege

29. Betrayed

30. Biasing

31. Bonanza

32. Bony, Bonny

33. Broccoli

34. Buggy

35. Busying

C

36. Caffeine

37. Calendar

38. Cannon

39. Canvass

40. Capable

41. Caress

42. Caveat

43. Ceiling

44. Celebrate

45. Cemetery

46. Conspirator

47. Contagious

48. Contemptible

49. Coolly

50. Copyright

51. Correlative

52. Corruptible

53. Council

54. Counsel

55. Criticism

56. Culpable

D

57. Debatable

58. Deceit

59. Defence

60. Delay

61. Delectable

62. Delicate

63. Demagogue

64. Denounce

65. Depositor

66. Design

67. Despair

68. Desperate

69. Destroy

70. Dialect

71. Dialysis

72. Diaries

E

73. Echoes

74. Ecstasy

75. Edible

76. Educator

77. Effect

78. Efficient

79. Egregious

80. Ellipse

81. Embraceable

82. Enforceable

83. Enmity

84. Escalator

85. Escape

86. Estimable

87. Exceed

88. Excelling

89. Excessive

90. Expanse

91. Expelled

92. Expendable

93. Extraordinary

94. Exuberant

F

95. Fabricator

96. Fallacy

97. Feasible

98. Fiat, Feat

99. Field

100. Fiery

101. Financier

102. Flies

103. Focusing

104. Foray

105. Forcible

106. Forfeit

107. Forward

108. Fourteen

109. Franchise

110. Fulfil

G

111. Gauge

112. Genealogy

113. Gestation

114. Gestation

115. Glamorous

116. Glamour

117. Gneiss

118. Gorgeous

119. Gossiper

120. Grammar

121. Grateful

122. Grayer

123. Grief

124. Guarantee

125. Guilty

126. Gullible

H

127. Handkerchief

128. Hatable

129. Hazard

130. Height

131. Heresy

132. Heroes

133. Hierarchy

134. Hippopotamus

135. Holiday

136. Honorary

137. Hoping

138. Horrible

139. Hospitable

140. Humorous

141. Hygiene

142. Hypocrisy

I

143. Identify

144. Illiterate

145. Imitate

146. Impatient

147. Impeach

148. Impeach

149. Imposter

150. Inaudible

151. Incidentally

152. Incurring

153. Indelible

154. Independent

155. Indescriabable

156. Inedible

157. Inoculate

J

158. Jabber

159. Jazz

160. Jeopardy

161. Jewel

162. Judgement

163. Jurassic

164. Jury

165. Justifiable

K

166. Kernel

167. Keys

168. Khaki

169. Kibitzer

170. Kidnap

171. Knoll

172. Knowledge

L

173. Ladies

174. Laid

175. Languor

176. Lazy

177. Learner

178. Legitimate

179. Leisure

180. Libel

181. Libretti

182. License

183. Lieutenant

184. Likable

185. Liquor

186. Livable

187. Loath

188. Loneliness

189. Lovable

M

190. Malafide

191. Manageable

192. Manifesto

193. Marquee

194. Marriageable

195. Massare

196. Mathematics

197. Measurement

198. Medicine

199. Merely

200. Metallic

201. Millennium

202. Millionaire

203. Misspelling

204. Monastery

205. Moot

206. Morocco

207. Motto

208. Movable

209. Mulatto

N

210. Navigable

211. Negligible

212. Negroes

213. Neigh

214. Neigh

215. Neighbour

216. Newcomer

217. Nickel

218. Niece

219. Niece

220. Ninth

221. Noes

222. Nonpareil

223. Noticeable

224. Nullify

O

225. Obeisance

226. Obsession

227. Obsessive

228. Occasion

229. Occasional

230. Occasionally

231. Ocular

232. Occur

233. Occurred

234. Occurrence

235. Occurring

236. Ocular

237. Oedipus

238. Offence (Illegal Act)

239. Omitted

240. Omnifarious

P

241. Panicked, Panicking, Panicky

242. Paradigm

243. Paraffin

244. Parallel

245. Paralysis, Paralytic, Paralyze

246. Pardonable

247. Paring

248. Parliament

249. Particularly

250. Passable Pastime

251. Patient

252. Patrolling

253. Peaceable

254. Pedagogue Pediatrics

255. Penitence, Penitent (Repentant)

256. Perceivable, Perceive

257. Possible

258. Potatoes

259. Practice

260. Prayer

261. Prejudice

262. Premise

Q

263. Questionnaire

264. Queue

265. Quizzed

266. Quotient

R

267. Rampage

268. Rarely

269. Really

270. Recede

271. Recognise

272. Reducible

273. Refer

274. Reign

275. Reliable

276. Relief

277. Repellent

278. Repetition

279. Replaceable

280. Responsible

281. Rhythm

282. Ridiculous

283. Risible

284. Riveted

285. Runner

S

286. Salable

287. Satellite

288. Seller

289. Sensible

290. Sergeant

291. Severity

292. Sieve

293. Simplified

294. Sincerely

295. Sizable

296. Skies

297. Smooth

298. Sobbed

299. Sociable

300. Soldier

301. Spaghetti

302. Spectator

303. Speculator

T

304. Tariff

305. Temperament

306. Tendency

307. Terrible

308. Terrible

309. Thief

310. Tobacco

311. Tolerable

312. Torpedo

313. Traceable

314. Tractable

315. Tragedy

316. Travelled

317. Tried

318. Truly

319. Trust

320. Tryst

U

321. Unanimous

322. Unconvincingly

323. Undoubtedly

324. Unfriendly

325. Universal

326. Unnecessary

327. Unparalleled

328. Unresistant

329. Unskilful

330. Until

331. Uranium

332. Usable

333. Utopianism

V

334. Vacillate

335. Vacuous

336. Vacuum

337. Vanilla

338. Variable

339. Veil

340. Vein

341. Venture

342. Veto

343. Vice Versa

344. Victuals

345. Vigour

346. Vilify

347. Vinegar

348. Vis-À-Vis

349. Viscera

350. Visitor

351. Volatile

352. Vulnerable

W

353. Walloped

354. Walnut

355. Wanton

356. Wax

357. Way

358. Weary

359. Wednesday

360. Weigh

361. Weir

362. Welcome

363. Welfare

364. Welfare

365. Wholly

366. Wholly

367. Wield

368. Wilful

369. Wintry

370. Withhold

371. Woollen

372. Worry

373. Worship

374. Writer

375. Wryly

X

376. Xavier

377. Xenophobia

378. Xerography

379. X-Ray

380. Xylem

Y

381. Yahoo

382. Yarn

383. Yield

384. Yok

385. Yoke

386. Youthful

Z

387. Zamindar

388. Zeal

389. Zebra

390. Zenith

391. Zenner

392. Zincky

393. Zip-Zipp

394. Zodiac

395. Zombie

396. Zone

397. Zoom

398. Zoroastrianism

399. Zymology

400. Zythum

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