Month: March 2023

Company Law – Notes, Case Laws and Study Material


The history of the Indian Company Law began with the Joint Stock Companies Act of 1850. Thereafter, a cumulative process of amendment and consolidation brought us to the most comprehensive and complicated piece of legislation, the Companies Act, 1956. As of today, the Companies Act, 2013 has replaced the Companies Act, 1956. The new Act has 470 sections and 7 schedules as against 658 sections and 15 schedules in the 1956 Act.

This course consists of 5 modules that cover a range of topics from the salient features of the Companies Act to various doctrines and Tribunals. To help readers get an in-depth understanding of Indian Company Law, we have also provided well-researched and analytical articles on miscellaneous subjects towards the end of the course.

Important articles and study material on Company Law – Click on the links to Read:

Module I

  1. A Comparative Analysis of the Provisions of Companies Act, 1956 and Companies Act, 2013
  2. Introduction to Company Law: Meaning, Nature, and Characteristics
  3. Salomon v. A Salomon and Co. Ltd (1897)
  4. Companies Act 2013 – Bare Act
  5. Types of Company
  6. Comparison of a Company with a Partnership firm and an LLP

Module II

  1. Formation of a Company under the Companies Act, 2013
  2. Disadvantages of Incorporation of a Company
  3. A Comprehensive Analysis of Section 9 of the Companies Act, 2013
  4. Case Study: Foss v Harbottle (1843)

Module III

  1. Promoters of a Company
  2. Memorandum of Association (MoA)
  3. Articles of Association: Meaning, Nature, and Explanation
  4. Doctrine of Ultra Vires in Company Law
  5. Doctrine of Harmonious Construction: A Comprehensive Analysis
  6. Doctrine of Indoor Management in Company Law

Module IV

  1. Prospectus of the Company
  2. Meetings under the Companies Act of 2013
  3. Shares, Share Capital, and Debentures: Explained
  4. Winding Up of Companies

Module V

  1. Corporate Social Responsibility (CSR)
  2. National Company Law Tribunal (NCLT)
  3. National Company Law Appellate Tribunal (NCLAT)

Module VI

  1. Write Short notes on Share Warrant.
  2. Write Short notes on Share Certificate.

Other important articles and study material on Company Law:

  1. Theories of Corporate Personality

  2. Allotment of shares
  3. Majority Powers And Minority Rights
  4. Prevention of Oppression and Mismanagement
  5. Inspection, Inquiry, and Investigation
  6. Winding Up of Companies
  7. Debenture: Meaning, Features and Kinds
  8. Debentures and its impact on Company and Shareholders
  9. Internal Audit under the Companies Act, 2013
  10. A Comprehensive Study of the Company Law Committee Report 2022
  11. Difference between Dissolution and Winding Up of a Company

Company Law Mains Questions-Answer Series: Important Questions for Judiciary Exams

  1. Company Law Mains Question Series Part I
  2. Company Law Mains Question

    Series

    Part II

  3. Company Law Mains Question Series Part III
  4. Company Law Mains Question Series Part IV
  5. Company Law Mains Question Series Part V

Your valuable feedback in the form of comments or any desired inputs are encouraged and always welcome. Every contribution toward a goal is valuable, regardless of how small it may be.



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Research Methodology: Research Design


The article ‘Research Methodology: Research Design’ defines research design and explores different aspects of research design to take into account while conducting any research project or study. Any project or study has an organizational structure and data-gathering strategy, which is referred to as the research design. Understanding the different sorts of research designs that are accessible for use in your research is essential if conducting research is your line of work.

Introduction

A systematic approach or concept used to carry out several activities for a research study is known as a research design. For the researcher to carry out the task in an appropriate manner, it is crucial to understand the research design and its forms. The goal of research design is to provide the researcher with the tools necessary to move forward successfully and without deviating from the duties. It is a comprehensive, in-depth research process strategy. A research study’s experiment design is a crucial component. A bad research design could cause the entire project to run beyond budget, manpower, and time.

Major Contents of Research Design

Depending on the field, a research design’s priority can change, but it majorly includes the following:

  • Research Questions and/or Hypothesis
  • An overarching strategy can either be qualitative or quantitative.
  • The design approach of the research study can either be a survey, experiment, or case study.
  • Sample selection criteria or sampling techniques in the research study
  • The techniques for gathering data such as questionnaires, observations etc.
  • Methods for collecting data such as operationalization, timing and data management etc.
  • Approaches to data analysis can either be statistical tests or thematic analyses.

Types of Research Design

In totality, the types of research design can be divided into 5 categories. Let us comprehend each one of them:

1. Descriptive research design

The researcher thoroughly depicts the scenario in their study materials when using a descriptive research design. This kind of research design is entirely theoretical, with the researcher gathering data, processing it, organising it, and then clearly presenting it. It is the type of study design that is the most open-ended. A descriptive design may make use of a variety of research methods to investigate one or more variables. In contrast to experimental research, the researcher in a descriptive study approach simply observes and assesses the variables without changing or controlling any of them. In other words, even though descriptive research can also be used in qualitative studies, descriptive research methods are often thought of as a subset of quantitative studies.

2. Experimental Research Design

A research design is known as experimental research when uses two sets of variables and a scientific methodology to conduct the investigation. The deviations in the second set are compared to the first set as a reference standard. For instance, quantitative research approaches often involve experimentation. If your conclusions are not supported by enough evidence, you must first establish the facts. Data is gathered during an experimental study to help you form more accurate conclusions. All research carried out in environments that are scientifically appropriate uses experimentation. Researchers must confirm that a variable change is only caused by altering the constant variable for experimental studies to be effective. There should be a clear cause and effect identified by the investigation.

3. Correlational Research Design

Without allowing the researcher to influence or change any of the variables, a correlational research design examines the relationships between them. Studies of correlation show the strength and/or direction of a relationship between two (or more) variables. Studies that use correlational analysis may have a positive, negative, or zero correlation. The correlational research design is excellent for quickly gathering data from unstructured environments. This enables you to legitimately and externally apply your findings to actual situations.

4. Diagnostic Research Design

A sort of research design known as a diagnostic research design aims to discover the underlying causes of a specific ailment or phenomenon. It can help you gain more knowledge about the factors that lead to particular problems or issues that your clients could be facing. Three research steps commonly comprise this design, and they are as follows:

  • The inception of the issue
  • Diagnosis of the issue
  • Solution for the issue

5. Explanatory Research Design

Explanatory research is a technique created to investigate phenomena that have not before been studied or well explained. Its main objective is to let us know where we can find a small amount of information. Using this approach, the researcher gains a comprehensive understanding and uses research as a tool to help them find issues that could be handled in the future more rapidly. Its goal is to ascertain the subject under investigation, why and what. In a nutshell, it is a form of study design that establishes cause-and-effect links to determine the why of the events.

Utility of Research Design

By focusing on the research problem, anyone can determine the unique subject or knowledge gap that his/her research seeks to address. In the introduction to a research study, researchers typically state their study question and choice of research design. There are various utilities of Research Design such as:

  • Making the right choices at every stage of the study is made easier by creating a research design.
  • It aids in determining the study’s major and minor responsibilities.
  • Including minute details at each stage of the research process, it enhances the research study’s effectiveness and interest.
  • A researcher can quickly define the goals of the study project based on the experiment design (research design).
  • A good research design makes it easier for the researcher to find the best solution to the research problems and to complete the study’s objectives in the allotted time.
  • It enables the researcher to carry out all tasks more effectively, even with limited resources.
  • The fundamental benefit of a good research design is that it gives the study validity, accuracy, and reliability.

Conclusion

A design can mean several things. But, in terms of the topic at hand, it is a structure or a breakdown of how a research project operates. It is the statement of essential elements of a study that provides basic guidelines for conducting the project. It is similar to an architect’s blueprint.

A general plan or model that specifies how the complete research endeavour would be carried out is analogous to the research design. Therefore, it should always be preferred that it shall be in writing and that it shall be concise and properly explained.

References

[1] R Jang, General purpose of research designs, Available Here

[2] Research Design, Available Here

[3] Research Design: Meaning and Importance, Available Here

[4] Jongbo O.C., The Role of Research Design in a Purpose Driven Enquiry, Available Here



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Legal Research: Doctrinal and Non-Doctrinal


The article ‘Legal Research: Doctrinal and Non-Doctrinal‘ provides insight into legal research from two different perspectives, and each has its strengths and limitations.

Introduction

Doctrinal Legal Research is defined as research into legal doctrines through analysis of statutory provisions and cases by the application of the power of reasoning. While non-doctrinal legal research is defined as research into the relationship of law with other behavioural sciences. Non-doctrinal research/ Socio-Legal often involves the use of social science research methods, such as surveys, experiments, and case studies, to investigate a particular phenomenon. This type of research is often used in disciplines such as sociology, psychology, and political science.

The choice between doctrinal and non-doctrinal research methodology will depend on the nature of the research question and the research objectives. In some cases, a combination of both methodologies may be used to provide a more comprehensive understanding of a legal issue.

Methodology of Doctrinal Research

Doctrinal research is a research methodology that focuses on analyzing and interpreting legal documents, such as statutes, case law, regulations, and treaties, in understanding legal concepts, principles, and doctrines. The methodology of doctrinal research involves several steps:

Identification of the research problem: This involves defining the research problem or question and clarifying the scope of the research.

Collection of legal sources: The next step is to gather relevant legal sources such as statutes, regulations, case law, and legal treatises.

Evaluation of legal sources: Once the legal sources have been collected, the researcher must evaluate them to determine their relevance, reliability, and credibility.

Analysis of legal sources: After evaluating the legal sources, the researcher must analyze them to identify legal principles, concepts, and arguments.

Synthesis of legal principles: The researcher must then synthesize the legal principles and concepts that have been identified through analysis, to form a coherent and logical understanding of the legal topic.

Application of legal principles: Finally, the researcher must apply the legal principles and concepts that have been synthesized to the research problem or question, to arrive at a conclusion or recommendation.

Overall, the methodology of doctrinal research is a systematic and rigorous approach to legal research that involves careful analysis and interpretation of legal sources to gain insights into legal principles and their application.

The Normative Character of Doctrinal Research

The normative character of doctrinal research means that it is expected to conform to certain ethical and professional standards, such as accuracy, objectivity, and transparency. Researchers are expected to use reliable sources and to analyze and interpret them systematically and rigorously. The methodology of doctrinal research typically involves a process of reading, analyzing, and synthesizing legal texts to identify relevant legal concepts and principles. This may involve using various techniques, such as textual analysis, comparative analysis, and historical analysis. The researcher may also use other sources of information, such as legal commentaries and treatises, to supplement their analysis.

One of the key principles of doctrinal research is the principle of legal certainty, which requires that legal research be conducted in a manner that promotes clarity and consistency in legal interpretation. This means that researchers must be clear and explicit in their analysis and interpretation of legal texts, and must avoid ambiguous or contradictory conclusions.

Overall, the normative character of doctrinal research requires that researchers adhere to rigorous standards of methodology and analysis, to produce accurate and reliable interpretations of legal texts.

Merits of Doctrinal Research

Here are some merits of this research methodology:

  • Clarity: Doctrinal research can provide clear and concise answers to legal questions, as it is based on legal texts that are authoritative sources of law. It allows researchers to identify and analyze legal concepts, principles, and doctrines systematically and objectively.
  • Cost-effective: Doctrinal research is a cost-effective research methodology, as it does not require extensive data collection or empirical analysis. Researchers can access legal documents online or in libraries, and analyze them using legal research tools and methodologies.
  • Time-efficient: Doctrinal research is a time-efficient research methodology, as legal documents are readily available and can be analyzed quickly. Researchers can also use legal research tools and methodologies to streamline the research process and save time.
  • Foundation for further research: Doctrinal research provides a foundation for further research, as it helps researchers identify legal gaps, inconsistencies, and ambiguities. Researchers can use these insights to develop new legal theories, propose legal reforms, or conduct empirical research.
  • Professional development: Doctrinal research can help legal professionals, such as lawyers, judges, and scholars, enhance their knowledge and skills in a particular legal field. It enables them to develop a deeper understanding of legal concepts, principles, and doctrines, and apply them to real-world legal problems.

Demerits of Doctrinal Research

  • Limited scope: Doctrinal research is limited to the study of legal sources, which may not provide a comprehensive understanding of a particular legal issue. It may overlook non-legal factors that can affect legal outcomes.
  • Bias: Doctrinal research relies heavily on legal sources, which can be biased towards a particular interpretation of the law. This can lead to a limited or one-sided analysis of legal issues.
  • Lack of empirical evidence: Doctrinal research does not involve the collection of empirical data, such as surveys or interviews, which can provide insight into the impact of legal rules and practices on individuals and society.
  • Difficulty in predicting outcomes: Doctrinal research is primarily focused on analyzing past legal decisions and interpreting legal sources. As a result, it may not always be reliable in predicting future legal outcomes or identifying trends in legal decision-making.
  • Limited applicability: The findings of doctrinal research may only apply to the specific legal system or jurisdiction being studied, and may not apply to other legal systems or jurisdictions.
  • Limited originality: Doctrinal research is primarily focused on analyzing existing legal sources and interpreting legal decisions. As a result, it may lack originality and creativity compared to other research methodologies.

Non-Doctrinal Research

Non-Doctrinal/Socio-legal research is a multidisciplinary field of inquiry that explores the intersection between law and society. Socio-legal research is a methodology that combines social science and legal principles to study the interaction between law and society. It involves the use of empirical methods to analyze legal institutions, practices, and policies within their social context. The socio-legal approach recognizes that law is shaped by social, economic, cultural, and political factors and that legal norms and practices, in turn, influence behaviour and social change.

Socio-legal research typically involves a combination of qualitative and quantitative research methods, such as interviews, surveys, case studies, content analysis, and statistical analysis. This interdisciplinary approach allows researchers to explore how legal systems and practices impact individuals and communities, and how social norms and behaviours shape legal institutions and decision-making.

The ultimate goal of socio-legal research is to provide insights into the complex relationship between law and society and to inform policy decisions and legal reform efforts that can promote greater justice and equity in society.

An example of socio-legal research could be:

Research question: How does the legal system in the United States impact immigrant communities?

Methodology: Qualitative research method, including interviews, focus groups, and participant observation.

Data collection: Interviews with immigrants, lawyers, judges, and other legal professionals; focus groups with community organizations and advocacy groups; participant observation at court hearings and other legal proceedings.

Data analysis: Thematic analysis of interview transcripts and focus group discussions, content analysis of legal documents and court records, and ethnographic analysis of participant observation data.

Findings: The research may find that the legal system in the United States has a disproportionate impact on immigrant communities, resulting in increased rates of detention and deportation, family separation, and other negative consequences. It may also reveal how social factors, such as race, ethnicity, and socioeconomic status, intersect with legal rules and institutions to create barriers to justice for immigrant populations.

Conclusion: The study may conclude that there is a need for reform in the legal system to address the needs and rights of immigrant communities and that greater attention should be paid to how social factors influence legal outcomes.

Difference between Doctrinal and Non-Doctrinal Research/Socio-Legal Research

There are several key differences between doctrinal research and non-doctrinal research:

  • Focus: Doctrinal research focuses on the analysis of legal rules and principles, while socio-legal research focuses on the social, political, and economic contexts in which legal rules are created, enforced, and applied.
  • Methodology: Doctrinal research typically involves the analysis of legal sources such as statutes, case law, and legal commentary, while socio-legal research often involves the use of qualitative research methods such as interviews, surveys etc.
  • Interdisciplinary approach: Socio-legal research is often interdisciplinary, drawing on theories and methods from a range of fields such as sociology, anthropology, political science, and psychology. Doctrinal research, on the other hand, tends to be more focused on legal analysis and interpretation.
  • Purpose: Doctrinal research is often used to form legal arguments and policy recommendations, while socio-legal research is often used to form policy decisions and to advocate for legal and social reforms.
  • Perspective: Doctrinal research tends to focus on legal rules and principles from a neutral or objective perspective, while socio-legal research often takes a more critical perspective, examining how legal rules and processes may reflect and reinforce existing power structures and social inequalities.
  • Scope: Doctrinal research typically focuses on a specific legal issue or area of law, while socio-legal research may examine a range of legal issues within a particular social, political, or economic context.

Overall, while both doctrinal and socio-legal research are important approaches to legal research, they differ in their focus, methodology, purpose, perspective, and scope.

Conclusion

Doctrinal research and non-doctrinal research are two different but complementary approaches that can be used in legal research. Doctrinal research is focused on analyzing and interpreting legal texts, such as laws, case law, and legal commentary. Non-Doctrinal research, on the other hand, is focused on the social and cultural context in which law operates. It seeks to understand how the law is used, interpreted, and enforced in society.

Combining both approaches can lead to a more comprehensive understanding of the law and its impact on society. This can be particularly useful in identifying areas where the law may need to be reformed or improved. By examining both the legal principles and the social context in which they operate, legal researchers can gain a deeper understanding of how the law works in practice and how it can be improved to better serve the needs of society.

Important Links

Law Library: Notes and Study Material for LLB, LLM, Judiciary, and Entrance Exams

Law Aspirants: Ultimate Test Prep Destination



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Rights of Fashion Models


The article ‘Rights of Fashion Models’ throws light on the important rights that help models advocate for themselves and protect their interests in a competitive and often exploitative industry. It can also help models build a more sustainable and rewarding career.In the fashion industry, a model refers to a person who displays clothing or accessories for designers, brands, or retailers. Models are typically hired to showcase clothing on runways, in advertisements, or in editorial…

The article ‘Rights of Fashion Models’ throws light on the important rights that help models advocate for themselves and protect their interests in a competitive and often exploitative industry. It can also help models build a more sustainable and rewarding career.

In the fashion industry, a model refers to a person who displays clothing or accessories for designers, brands, or retailers. Models are typically hired to showcase clothing on runways, in advertisements, or in editorial shoots. They are often selected for their unique looks, height, and measurements which are ideal for showcasing the clothes in the most flattering way.

There are different types of models in the fashion industry, including runway, editorial, commercial, fit, and promotional models. Runway models typically work during fashion week events, showcasing new collections on the runway. Editorial models are used in fashion magazines and other editorial publications to showcase clothing and accessories. Commercial models work in advertising campaigns, such as print or television commercials. Designers use fit models to ensure that clothing fits properly, while promotional models are used to promote a brand or product at events or trade shows.

The fashion industry places a lot of importance on models, as they embody the brand’s image and style. Models must maintain a certain level of physical fitness and adhere to strict beauty standards to stay competitive in the industry. However, in recent years, there has been a growing movement towards inclusivity and diversity in the fashion industry, with brands and designers increasingly hiring models of different sizes, ages, ethnicities, and genders.

Rights of Fashion Models

Fashion models have several rights under the law, including:

  • Right to Privacy: Fashion models have the right to privacy and protection of their personal information, such as their address, phone number, and other personal details.
  • Right to be Treated with Dignity: Fashion models have the right to be treated with dignity and respect while working in the industry. They should not be subjected to any form of discrimination, harassment, or abuse.
  • Right to Fair Compensation: Fashion models have the right to fair compensation for their work. This includes wages, benefits, and any other forms of compensation that are offered to other workers in the industry.
  • Right to a Safe Working Environment: Fashion models have the right to work in a safe and healthy environment. Employers are responsible for providing safe working conditions and taking appropriate measures to prevent workplace accidents.
  • Right to Control their Image: Fashion models have the right to control their image and how it is used. This includes the right to approve or deny the use of their likeness in advertising campaigns and other promotional materials.
  • Right to Intellectual Property: Fashion models have the right to protect their intellectual property, such as their name, image, and likeness. This includes the right to sue for damages if their intellectual property is used without their consent.

Overall, the law recognizes the importance of protecting the rights of fashion models and ensuring that they are treated fairly and with respect in the industry.

Importance of Fashion Models

Fashion models are important because they serve as the visual representation of the fashion industry. They are the ones who showcase the designs of fashion designers, making it possible for the consumers to see how the clothes look like when worn. Here are some reasons why fashion models are significant:

  • Promote fashion trends: Fashion models help promote new fashion trends by showcasing the latest designs of fashion designers. They help people see how the clothes look when worn, and this can influence their buying decisions.
  • Boost sales: By wearing the latest fashion designs, models help create a buzz around the fashion industry. This can lead to increased sales of clothes, accessories, and other fashion items.
  • Represent diversity: Fashion models come from different backgrounds, ethnicities, and body types. By showcasing different types of models, the fashion industry can represent diversity and promote inclusivity.
  • Inspire creativity: Fashion models often wear unique and unconventional clothing, which can inspire designers and fashion enthusiasts to think outside the box and come up with new and innovative ideas.
  • Create employment opportunities: Fashion modelling is a profession that provides employment opportunities for individuals who possess certain physical attributes and talents. It can be a lucrative career for those who excel in the industry.

Overall, fashion models play an important role in the fashion industry by promoting fashion trends, boosting sales, representing diversity, inspiring creativity, and creating employment opportunities.

Models in India:  Protections under various laws 

In India, the fashion modelling industry is governed by various laws and regulations, including but not limited to:

  1. The Indian Contract Act, 1872: This act governs the legal relationship between models and modelling agencies. It defines the terms of a valid contract, including the agreement between the parties, consideration, and the competency of the parties to enter into a contract.
  2. The Copyright Act, 1957: This act protects the intellectual property rights of creators, including fashion designers and photographers. It ensures that models’ images are not used without their consent, and they have the right to receive royalties for the use of their images.
  3. The Indian Penal Code, 1860: This act penalizes acts like stalking, sexual harassment, and assault, which may occur in the modelling industry. Models have the right to report any such incidents to the police and take legal action against the offenders.
  4. The Maternity Benefit Act, 1961: This act provides for maternity benefits, such as paid leave, medical benefits, and nursing breaks, for women working in various industries, including the modelling industry.
  5. The Minimum Wages Act, 1948: This act sets the minimum wage that employers must pay to their employees. It ensures that models are not exploited and are paid a fair wage for their work.
  6. The Model Tenancy Act, 2021: This act aims to regulate the renting of residential properties in India, including models who may require temporary accommodation while working in different cities.

Overall, models in India have legal rights and protections under various laws and regulations. However, the implementation and enforcement of these laws can sometimes be challenging, and models may need to seek legal assistance to ensure their rights are protected.

Conclusion

Fashion models are responsible for showcasing clothing and accessories in various media, such as advertisements, catalogues, magazines, and fashion shows. They have to bring life to the designer’s vision by presenting the garments in the best light possible, capturing the attention of potential buyers, and helping to sell products.

Additionally, fashion models also play an important role in promoting body positivity and diversity in the fashion industry. They can inspire and influence people by showing that beauty comes in all shapes, sizes, and colours.

Moreover, fashion models have a responsibility to maintain their health and well-being, as their physical appearance is a crucial aspect of their job. They need to take care of their bodies by following a healthy lifestyle, exercising regularly, and eating a balanced diet. It is essential to remember that models are not just clothes hangers, but real people with feelings, dreams, and aspirations, and they deserve to be treated with respect and dignity.

References

[1] Rights of Fashion Models, Available Here

[2] What does a Fashion Model do, Available Here

Important Links

Law Library: Notes and Study Material for LLB, LLM, Judiciary, and Entrance Exams

Law Aspirants: Ultimate Test Prep Destination



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AVINYA – Legal Startup Competition | Faculty of Law, PES University


The Faculty of Law, PES University is inviting registrations for a Legal Startup Competition AVINYA by 15th April 2023.

About the organizers

The Faculty of Law, PES University was established in the year 2017, under the able guidance of our Hon’ble Founder and Chancellor, Dr. M.R Doreswamy, with a vision of establishing a global law school. The institution has been ranked No.2 amongst the newly emerging universities in the State by Karnataka State Universities Rating Framework in the year 2019.

It offers a five-year integrated BBA LL.B (Hons.) and BA LLB (Hons.) program spread over ten semesters. The program has been innovatively designed to cater to the growing challenges and complexities of the dynamic legal and business environment.

The Centre for Corporate Law is an initiative of the Faculty of Law, PES University that aims at institutionalizing and channelizing research on corporate and business-related aspects that take place nationally and internationally.

About AVINYA

Avinya 2023 is a hybrid mode legal startup competition organized by the Centre for Corporate Law, Faculty of Law, PES University, Bangalore. The competition creates a platform for the students to showcase their entrepreneurial skills by proposing a start-up business that encourages legal innovation and intends in resolving complexities faced by students and legal professionals in the presence of many eminent personalities from the corporate field.

Useful Links

Eligibility

This competition is open to all undergraduate students, who are currently studying at a recognised college/department/university. Participation is not restricted to one team per university.

Important Date

  • 15th April 2023: Last date for Registration
  • 23rd April 2023: Inauguration and Round 1
  • 29th April 2023: Round 2
  • 2nd May 2023: Round 3 and Valedictory

Registration Procedure

Each team shall register using the registration link provided. The registration form must be filled out completely. Incomplete information will lead to the rejection of the application. The registration fee is Rs. 500 per team.

Registration Link: Click Here

Contact

  • Email: cclawoffice.pes.edu
  • Faculty Coordinators
    • Kithu Anna Kurian (+91 73063 30078)
    • Biswadeep Dutta (+91 96791 91407)
  • Student Coordinators
    • Kalki K (+91 78920 71187)
    • Neela V Naik (+91 80736 76581)

Important Links

Law Library: Notes and Study Material for LLB, LLM, Judiciary, and Entrance Exams

Law Aspirants: Ultimate Test Prep Destination



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Panel Discussion on Changes in the realm of International Taxation in light of ODI and FDI developments | SPIL, Mumbai


SPIL, Mumbai is organising a panel discussion on the topic Changes in the realm of International Taxation in light of ODI and FDI developments on 2nd April 2023.

About GLC, Mumbai

Government Law College enjoys the distinction of being the oldest law school in Asia and has, since its inception in 1855, essayed a seminal role in the evolution of the legal and judicial landscape of India. The generations of distinguished legal luminaries who have been nurtured by this unique institution, have made a seminal contribution globally, to the evolution of the legal fraternity.

About SPIL, Mumbai

Students For the Promotion of International Law is a student-based organization of Government Law College, Mumbai and it has successfully organized several events, including a lecture on the working of the International Criminal Court by Professor William Burke White of the University of Pennsylvania, and the Government Law College International Law Summit- which is held annually. SPIL, Mumbai also regularly organizes workshops, various competitions, guest lectures, and publishes an International Law Journal.

About Panel Discussion on Changes in the realm of International Taxation in light of ODI and FDI developments

About Panelists

1) Mr. Anish Thacker

Mr. Anish Thacker is a fellow member of the Institute of Chartered Accountants of India and a law graduate from Mumbai University. He is a Partner with SRBC & Associates LLP, an EY Member firm. He has worked with BSR & Co a member firm of KPMG International, and practiced in the firm name, A.M. Thacker & Co. He was the President of the Chamber of Tax Consultants for the year 2020-21. He has written articles in various newspapers, business magazines and professional journals and spoken at seminars and conferences for professional for a such as the ICAI, BCAS, CTC, IFA, etc. and Industry for a such as FICCI, CII, BCCI, IMC, etc.

2) Mr. Rahul Charkha

Mr. Rahul Charkha is a partner in the tax practice of ELP and specializes in advising domestic and foreign MNCs across various sectors on direct tax issues. He has over 10 years of experience in advising clients on a variety of direct tax projects involving structuring of inbound and outbound investment from a tax and exchange control regulatory perspective, deal structuring, internal restructuring, advising multinational entities on tax efficient profit repatriation, tax due diligence, transaction support and so on. Prior to joining ELP, Rahul was part of the direct tax team at PricewaterhouseCoopers and KPMG.

3) Mr. Kapil Kulkarni

Mr. Kapil Kulkarni is a senior M&A and investments professional with a rich experience in cross-border transactions, international tax laws and multi-layered, in-bound and out-bound investment structures in diverse industries. He has an experience of 15 years and he has been associated with leading professional organizations such as EY and Morgan Stanley, where he advised marquee corporate as well as private equity clients on international transactions and associated tax and regulatory aspects. He holds an MBA from Indian School of Business and is also a merit rank holder chartered accountant.

4) Mr. Hardeep Singh Chawla

Mr. Hardeep Singh Chawla is a tax lawyer with international tax as a particular area of focus. He is presently engaged as a Senior Associate in the direct tax practice at Vaish Associates Advocates and is based out of the New Delhi office. Hardeep specializes in direct tax controversy matters and tax advisory in relation to M&A and Fundus as well as non-transactional income tax advisory. He holds an L.L.M. in international Taxation from NYU School of Law.

General Details

  • Date: 2nd April, 2023
  • Day: Sunday
  • Time: 04.00 PM IST
  • Venue: Auditorium, Government Law College, Mumbai
  • Eligibility: Open to all Law Students and Legal Professionals

Registration Link: Click Here

Contact

Important Links

Law Library: Notes and Study Material for LLB, LLM, Judiciary, and Entrance Exams

Law Aspirants: Ultimate Test Prep Destination



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What legal permissions do bloggers need in India?


The article ‘What legal permissions do bloggers need in India?’ contains suggestions that bloggers should be aware of and comply with the relevant laws and regulations related to their content and activities.

Blogging refers to the act of writing and publishing content on a blog, which is a website or an online platform that allows individuals or businesses to share their ideas, experiences, opinions, and other forms of content with a wider audience.

Bloggers are individuals or groups of people who create and manage blogs. They can be professionals or amateurs, and they cover a wide range of topics such as lifestyle, travel, technology, politics, education, and more.

Blogging has become increasingly popular in recent years as it offers a platform for people to express themselves and share their thoughts with a global audience. Bloggers can monetize their content through advertising, sponsored content, or affiliate marketing. They can also use their blogs to promote their businesses, products, or services or to build their brand and establish themselves as experts in their respective fields.

The blogging community is diverse and constantly evolving, with new trends, technologies, and strategies emerging all the time. Many bloggers collaborate, participate in blogging communities, attend conferences, and share tips and best practices to improve their blogging skills and grow their audience.

What legal permissions do bloggers need in India?

As a blogger in India, there are several legal permissions you may need to obtain depending on the nature of your blog and the content you publish. Here are some of the most common permissions that bloggers may need:

  1. Business Registration: If you are running a blog as a business, you may need to register it with the appropriate government authorities, such as the Registrar of Companies.
  2. Domain Registration: You will need to register your domain name with a domain registrar to secure your online presence.
  3. Copyright Permissions: If you are using copyrighted material, such as images or videos, you need to obtain permission from the copyright owner or license the content through a Creative Commons license.
  4. Trademark Registration: If you have created a brand name or logo for your blog, you may want to consider registering it as a trademark to protect it from unauthorized use.
  5. Privacy Policy: It is essential to have a privacy policy that outlines how you collect and use user data, especially if you are collecting personal information from your readers.
  6. Terms and Conditions: You should also have terms and conditions that govern the use of your blog and outline the rights and responsibilities of both you and your readers.
  7. Advertising Permissions: If you plan to monetize your blog through advertising, you may need to obtain permission from the appropriate regulatory authorities, such as the Advertising Standards Council of India.

It is important to note that the legal requirements for bloggers may vary depending on the type of content you publish, your target audience, and the laws and regulations that apply to your particular niche. It is always a good idea to consult with a legal professional to ensure that you are complying with all applicable laws and regulations.

Important Links

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10th RMLNLU International Legal Essay Competition (RILEC) Conference and Workshop, 2023


(RILEC) Conference and Workshop, 2023, is being organized on 7th April in collaboration with Nishith Desai Associates.

About the Organisers

The Journal Committee (“Committee”) at Dr. Ram Manohar Lohiya National Law University, Lucknow (“RMLNLU”), in collaboration with Nishith Desai Associates, is organising the 10th edition of the RMLNLU International Legal Essay Competition and Conference on Intellectual Property Rights and Technology Law (“RILEC”). The Conference and Workshop is to be conducted on 7th April, 2023 from 12 PM and 3 PM respectively. There will be a break of an hour from 2 PM to 3 PM. All registered attendees shall be provided with certificates of attendance.

About 10th RMLNLU International Legal Essay Competition

Pursuant to the Call for Papers released in October 2022, the Committee received numerous submissions from reputed law schools across India. After jointly conducting several rounds of review with Nitish Desai Associates, three papers were selected to be presented at the conference. The papers selected for presentation are:

  1. ‘Quantum Computing and Intellectual Property Rights- A two-way analysis’ by Prakriti Singh and Yash Arjariya.
  2. ‘Live Streaming of Video Games: Demystifying the Legal Identity of the Game Streamer under Copyright Regime’ by Kinjal Keya and Aditya Pratap Singh.
  3. ‘Interaction between Intellectual Property Rights and Artificial Intelligence: A Tussle between Competing Claims for Copyright in AI works’ by Varsha Sharma.

The abovementioned presentations will be evaluated by a panel of distinguished judges from Nitish Desai Associates. The presentation would be followed by a round of questions which will help the attendees develop a better understanding of the recent developments in the field of IPR and Technology. The Committee envisages this event as an endeavour to encourage and promote legal scholarship in the area of IPR and technology law.

Brochure: Click Here

About the Workshop

The workshop, ‘Navigating the World of Intellectual Property: A Career Exploration’, is going to take place on 7th April, 2023 at 3.00 P.M. in the college premises only.

In this workshop, we are going to discuss about IP transactions specifying to areas of patents, trademarks, copyrights and trade secrets as well as have a discussion on types of IP transactions including licensing, agreement, sale of IP products and IP aspects of corporate transactions. Furthermore, we are going to discuss career options within the field of IP transactions and the development of this field in India. We are facilitating a discussion about IP transactions services of NDA.

About the Journal Committee

The Journal Committee has been constituted with the objective of promoting legal research and writing. The RMLNLU Law Review is the annual peer-reviewed law journal of the committee which runs parallel to the RMLNLU Journal on CMET (Communication, Media, Entertainment, and Technology) Law. Both these journals publish articles, essays, case notes/comments and book reviews from contributors all over the world. To encourage legal research writing in the field of law, the Committee also organises the Dr. RMLNLU International Legal Essay Writing Competition, inviting entries on specific themes. The RMLNLU Law Review Blog is another such initiative of the Committee which provides a platform for people in the field to express their opinions on contemporary legal issues.

About Nishith Desai Associates

Founded in 1990, Nishith Desai Associates (NDA) has earned the reputation of being Asia’s most Innovative Law Firm and the go-to specialists for companies around the world, looking to conduct businesses in India and for Indian companies considering business expansion abroad. In fact, NDA has been the proud recipient of the Financial Times-RSG award 4 times in a row, (2014-2017) as the Most Innovative Indian Law Firm. Their forte lies in providing innovative and strategic advice on futuristic areas of law such as those relating to Blockchain and virtual currencies, Internet of Things (IOT), Aviation, Artificial Intelligence, Privatisation of Outer Space, Drones, Robotics, Virtual Reality, Ed- Tech, Med- Tech & Medical Devices and Nanotechnology with their key clientele comprising of marquee Fortune 500 corporations.

About the Judges

Aparna Gaur

Aparna is a senior member of the IP and TMT team at Nishith Desai Associates. She has broad experience in advising clients in relation to issues pertaining to intellectual property ownership and enforcement, e-commerce, ed-tech, cyber security and disruptive technologies such as e-mobility. Her expertise in IP and tech-centric laws combined with her knowledge of new-age technology has enabled her to provide strategic advisory to the clients.

Akhileshwari

Akhileshwari is a member of the TMT and IP team at Nishith Desai Associates, working in the intersection of technology, business models, and law. She has experience working on matters relating to fintech, intellectual property, e-commerce and commercial contracts, and has advised on emerging sectors such as cryptocurrency, gaming and new-age financial models.

Registration

To register for the event, please click here

Please note that only registered attendees shall be provided with certificates.

Contact

Phone:

  • Shreyasi Singh: +91 91406 57248
  • Aryan Ahmed: +91 98681 56992

Email: [email protected]

Important Links

Law Library: Notes and Study Material for LLB, LLM, Judiciary, and Entrance Exams

Law Aspirants: Ultimate Test Prep Destination



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Lok Neeti 2023 – National Youth Parliamentary Debate


Debate & Discussions Society (DDS), Campus Law Centre in association with Cosmo Juris is organising National Youth Parliamentary Debate Lok Neeti 2023.

About the Organisers

The Debate & Discussions Society (DDS), Campus Law Centre is a unique forum that promotes free thought and exchange of opinions. When discussion is the ethos of an institution, Debate and Discussions Society becomes the natural facilitator to the spirited culture of indulging in constructive dialogues. The society not only conducts debates and discussion but also promoted free thought and opinion exchange. It marks and celebrates the significance of deliberation and purposeful exchange of ideas as instrumentality of positive change and growth. The society holds a plethora of events covering various facets of the society in general and legal field in particular.

CAMPUS LAW CENTRE, UNIVERSITY OF DELHI, is a legal institution par excellence, representing a heterogeneous and diverse set of values, opinions, and ideas. Established in 1924, CLC provides world-class legal education at a nominal cost. CLC took the lead in adorning our liberty with a self-sufficient legal education system by introducing a distinguished Tark-Vitark (Debate and Discussion) method of teaching, a time-tested teaching methodology prevalent in ancient India, through precedents themselves, with the goal of transforming students into budding lawyers. CLC has proved its mettle by producing illustrious luminaries panning across Supreme Court and High Court judges, leading advocates, political leaders, policymakers, and trend-setters in all walks of life.

Cosmo Juris is an online-driven platform centralized for the legal scholars, researchers and also for the enthusiastic minds with the objective to enhance rather the majority-minority their voices ad to promote the high quality legal research on different contemporary and legal topics. We further aim to enlighten our readers with a catena of information related to various aspects of legal developments and enticing opportunities so that everyone, even an ordinary person is benefitted in the present legal era.

With this aim we bring to our viewers’ details of competitions like call for papers, Moot Court competitions, Debate Competitions, client Counselling competitions, Memorial-drafting competitions, Essay Competitions, MUNs and other related competitions.

About Lok Neeti

In collaboration with Cosmo Juris, DDS presents “Lok Neeti” National Youth Parliamentary Debate. Youth Parliament is a recreation of the parliamentary proceedings of legislature and executive, based upon the Indian Parliamentary System. In the Youth Parliament, participants role play members of parliament, followed by discussing an entire gamut of social, legal, geopolitical and economic issues.

Topic of Debate

Data protection Laws in India: Balancing Privacy, Innovation and National Security.

Eligibility

The competition is open to all schools, colleges and universities in India and abroad.

Date & Location

The event will be held at Campus Law Centre, Faculty of Law, University of Delhi on 6th April 2023.

Registration

Registration is free and the last date to register is 4th April 2023.

Registration link: Click Here

Contact

Important Links

Law Library: Notes and Study Material for LLB, LLM, Judiciary, and Entrance Exams

Law Aspirants: Ultimate Test Prep Destination



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Book Review: Behind Closed Doors


The novel Behind Closed Doors was written by Ngaire Thomas and got published in New Zealand.

The novel revolves around the Exclusive Brethren and provides an extensive description of what is happening behind the doors of Exclusive Brethren. There are a lot of questions which are left unanswered. The book tries to find the answer to one of such questions. For instance, nobody is aware of the feeling that one gets on being a part of the select group.

This select group is vested with the responsibility of maintaining the pure path according to the faith of Christians. Ngaire Thomas, the author of the book, was born in the 1940s into the church and left his birthplace in the 1970s.

Buy this wonderful book here on Amazon

This book was released roughly when Bryan Wilson, the great sociologist, died. Probably, this might be a coincidence.

Bryan was not only a great sociologist but he was also an expert witness who took part in the cases dealt by the church. Further, Bryan had conducted deep research on the Exclusive Brethren and released a study on the basis of his research. Wilson reached a conclusion derived from those facts that are made available by the religion itself.

In addition to this, he got accounts of ex-members of the court dismissed on the grounds of stories being dubious and atrocious. He also made the courts of Church aware of the same and warned them not to rely on the testimonies provided by these members.[1] In the current times, it has been observed that the accounts of the ex-members were higher than that of those who were involved in academics. This was more noticed when there was an outbreak of violence in other religions of the world as well.[2]

Ngaire Thomas is one of those ex-members who got expelled by Bryan and the book that was launched by Thomas is a compelling one.

She does not have the nature of judging others. In the process of describing the set of experiences gained by her, she has also acknowledged the rights of Exclusive Brethren to follow the path of religion through which they are able to find meaning.

The beginning of the book commences with the description of the childhood of Ngaire. Her strict upbringing along with her long dresses are held responsible for making her different from other children. She can open up and can be her real self only in the school and due to this reason, she loves her school a lot. She has no exposure to any kind of worldly things. For instance, she is not aware of any of the known- Brethren books and radios because the airwaves are ruled by Satan.

Bible is the centre of life.

The mother of Ngaire preaches the teachings of the Bible as well as the end times during Revelation to the friends of Ngaire whenever she brought them home. The people belonging to other religions are also deemed as suspects. Ngaire has also revealed that she was subjected to straps whenever she used to attend Bible secretly in the school classes and caught while doing so.

Chapter X is one of the spectacular pieces of literature. The scenes in Chapter X portrays how Ngaire is pressurised for admitting that she was involved in committing fornication along with her cousin. This pressure was imposed on her even when she was not aware of the meaning of fornication.

Her case was shifted to the assembly of Auckland and provided with the opportunity to represent her case. But she was found guilty by the adjudicating officer and pursuant to which, she was compelled to confess before 500- 600 solemn faces. This whole scene was pervaded by the holy surveillance with undercurrent as well as Salem like nature.

Denis, the husband of Ngaire, is used by her to depict the rest of the story in the upcoming chapters. In the 1960s, there was an evolution of notorious and no compromise era during which the rules were strictly followed.

The marriage of Ngaire and Denis took place during this era. There were several rules prevailing in the society.

For instance, members were restricted to eat or drink with those people who do not belong to their group, the members were not allowed to be part of any other association or group like the library to list a few. The pets of the members were not only deemed as idols but also given away, destroyed or disappeared.

There were several other rules for Ngaire as well. One of them was that she should not speak more than 10% of what her husband speaks. But her husband preferred not to speak most of the times and due to this very reason, implementation of this rule proved to be very difficult for her.

The account of the period “confession madness” that was written by Ngaire had swept through the church. The priests used to serve as the religious police and used to examine the lives of people in the form of forensic investigators and dragged up rumours from the past decades. Drinking whiskey was a symbol signifying that the members have nothing to hide.

This is why members were encouraged to drink it and were also compelled to admit that they had committed sins, that could be imagined and real. Those members, who admit that they have committed any of the sins, had to bear heavy costs. Along with it, they were excommunicated (withdrawn from) or put under house arrest (shut up) and have no access to their loved ones. Since these rules were prevalent, Ngaire and her family comprising of her husband and her four children were withdrawn from.

Adjustment of family

There is a massive adjustment of family. Since the family of Ngaire was withdrawn from society, the members were not aware of the manner how to behave in society and were also unused to the freedom, which got recently.

On the other hand, the two eldest sons of Ngaire refused to come out of the prison as they loved the discipline of prison more than the freedom in society. Thus, both of them ended up in prison when they were given the choice of getting out. Ngaire has gone to University while Denis died of liver cancer. Those, who are interested in the Fowler’s stages of faith, will also show keenness towards shifts in faith shown by Ngaire. The shifts had helped Ngaire within herself to find the kingdom of heaven.

When an author writes something with such an incredible, forgiving and unpretentious style, it becomes difficult for the readers not to like it. There is an old proverb that nothing is perfect and henceforth, there must be some loopholes as well. Such as the structure of the novel is not that polished such as it would be better if the later sections were depicted in the form of appendices and some small printing errors to list a few. Further, the author tried to answer a lot of question but she ended up inviting even more.

Conclusion

In a nutshell, the book presents the picture into an absorbing as well as a valuable window of the religion, which is not accessible for the majority of the population.

In comparison to other autobiographies, Behind Closed Doors does not bring forward the mystical insights in Life of Teresa of Avila or theological complexities as in the Confessions of St Augustine and so on. However, it is a story depicting what all takes for a woman to open all her truth in front of the world.

Buy this wonderful book here on Amazon

Originally Published On: Aug 16, 2019


[1] Bryan Wilson, “The Exclusive Brethren: A Case Study in the Evolution of a Sectarian Ideology,” in Patterns of Sectarianism: Organisational and Ideology in Social and Religious Movements, ed. B. Wilson (London: Heinemann, 1967) 287; Bryan Wilson, The Social Dimensions of Sectarianism, Sects and New Religious Movements in Contemporary Society. (Oxford: Clarendon Press, 1990) 19; Bryan Wilson, Letter to the Editor, Evangelical Times (23 Sept 1999)

[2] Benjamin Belt- Hallahmi made this point in his paper titled “ Dear Colleagues: Integrity and Suspicion in NRM Research” which was presented at the annual meeting of the Society for the Scientific Study of Religion, Nov. 1997, San Diego, CA


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