Author: admin@legalgoogle.com

Study Material, Test Series and Tips


Chhattisgarh Judicial Services Examination is organized each year by the Chhattisgarh High Court or Chhattisgarh Public Service Commission to recruit eligible candidates for the posts of Civil Judge. The competitive exam for Chhattisgarh High Court Civil Judge is held in 3 phases, i.e. Preliminary, Mains, and Interview. The candidates need to qualify for each of these phases to be selected for the post of Civil Judge. The examination is the entry-level exam for law graduates.

Take your CHJS preparation to the next level with Legal Bites. Count on us for Prelims and Mains exam needs, Previous Year Papers, Mock Tests, Subject Tests, Study Material, Syllabus, Tips, and Notifications.

Chhattisgarh Judicial Services Examination: Study Material, Test Series and Tips

Module I: Notification, Syllabus and Tips

1. Syllabus

2. Official Website for Notification: CGPSC

3. Follow Telegram Channel for Regular Updates: AIJS Aspirants

4. Video Lecture: Available here on YouTube

Module II: Chhattisgarh Judicial Services Examination Mains Previous Year Papers

To be uploaded

Module III: Chhattisgarh Judicial Services Examination Prelims Previous Year Papers PDFs

1. Chhattisgarh Judicial Service (Civil Judge) Prelims Examination 2014 Prelims Paper

2. Chhattisgarh Judicial Service (Civil Judge) Prelims Examination 2016 Prelims Paper

3. Chhattisgarh Judicial Service (Civil Judge) Prelims Examination 2017 Prelims Paper

4. Chhattisgarh Judicial Service (Civil Judge) Prelims Examination 2019 Prelims Paper

5. Chhattisgarh Judicial Service (Civil Judge) Prelims Examination 2020 Prelims Paper

Module IV: Chhattisgarh Judicial Services Examination Test Series

1. Prelims MCQ Practice (Redirects to Law Aspirants)

Module V: Chhattisgarh Judicial Services Examination Study Material

1. Indian Penal Code

2. Code of Civil Procedure

3. Criminal Procedure Code

4. Indian Evidence Act

5. Constitution of India

6. Transfer of Property Act

7. Indian Contract Act

8. Limitation Act

9. Legal General Knowledge: Notes, Tips & Study Material

10. The Chhattisgarh Rent Control Act, 2011

11. Court Fees Act

12. Specific Relief Act

13. Indian Registration Act

14. Chhattisgarh Land Revenue Code

15. The Negotiable Instruments Act,1881

16. The Chhattisgarh Excise Act,1915



Source link

Impact of COVID on the Life Insurance Sector in India


The article ‘Impact of COVID on the Life Insurance Sector in India’ by Udita Prakash & Mayank Panwar emphasizes the significance of health insurance broadly during the pandemic and analyzes the impact of COVID-19 on the health and life insurance sector of India, covering the challenges faced by health insurance companies.

The COVID-19 pandemic caused a recession in our Indian economy that had never been witnessed before. COVID-19 affected the economy with a contrasting impact on different industries. India’s economy faced a long stagnation period due to the country’s prolonged lockdown. The worldwide economic downturn resulted in the disruption of demand and supply chains. The COVID-19 pandemic across the nation has impacted the country’s overall financial system. The one-of-a-kind and unprecedented nature of this crisis created difficult new circumstances, including economic shutdowns and physical separation. The year 2020 marks a turning point in the insurance industry. Many insurance providers were forced to rethink their business operations, and even customers were worried.

Introduction

Since the year 2000, the insurance sector in India has faced a steady period of rapid expansion, which has led to the insurance industry’s current division into its two primary segments: life insurance and non-life insurance. The Insurance Regulatory Development Authority of India is the organization in the authority of both of these markets (IRDAI). The Insurance Regulatory and Development Authority (IRDA) is responsible for regulating and monitoring the whole insurance industry in India. Every single insurer is obligated to behave in accordance with the IRDA’s rules and regulations. There are a total of 57 insurance providers operating in India, 24 of which are engaged in life insurance and the remaining 33 in non-life insurance.

Growth rates have fallen abruptly in the life insurance industry, especially during the pandemic’s beginning, and supply constraints could be traced as the major factor for that situation. Then, just as they were beginning to stabilize from the preliminary influence of Covid-19, the new wave impacted insurance companies, hard with a plethora of death claims which led them to unprofitability. Such events have all contributed to the industry’s overall poor situation. As a result of the shutdown due to COVID-19, insurance firms are increasingly reliant on their digitalization for everything from selling new policies to settling claims.

From the Starting of the second wave, the industry has experienced a pickup in growth, including the improvement of supply-side constraints, showing that the sector is on to record higher growth. In the financial year 2020-21, the life insurance sector reported a premium revenue of 6,28,731 crore, which represents an increase of 9.74 per cent when compared to the premium income of 5,72,910 crore recorded in the previous financial year. The fact that renewal premiums accounted for 55.7% of the total premium received by the life insurers, the new business provided 44.3% of that total. (Economic Survey 2021-22).

In spite of the decline in business caused by the pandemic, the insurance industry has not been significantly impacted and continues to generate money while also providing enormous prospects for expansion in the healthcare and life insurance sectors. Many clients are encouraged to purchase a term plan or one of the many different types of life insurance plans available in order to safeguard themselves and their families against the unpredictability of the future.

Impact of COVID-19 on the Health Insurance Sector in India

The Indian health insurance sector has seen a surge in new policy enrollments. Insurance queries are estimated to have increased by almost about 40% in a particular region of the country. IRDA issued a circular dated 04 Mar 2020 advising that claims for hospitalization, including expenses incurred during quarantine, should be processed as soon as possible. This assumes that the insurer will see an increase in claims for hospitalization costs because of the Covid-19 diagnosis.

Introduction of New and Innovative Products

Many more people are aware of the pandemic now, and 30-40% are making inquiries into health insurance options; a pandemic provides an opportunity for insurers to meet changing customer needs and serves as a proving ground for new product innovation. Several insurers introduced the COVID insurance product in March 2020. Due to this success, other companies followed suit and brought out such products. This type of program lasts for a short period of time, offers customers a relatively small level of reimbursement, and has limited long-term benefits. Per IRDA’s directions, the two corona health policies were launched in India-Corona Rakshak and Corona Kavach policies.

These policies covered medical expenses and the cost of PPE kits, gloves, masks, etc., used during the treatment (Policy Bazar, 2020). There are still details surrounding COVID and prognosis, morbidity, as well as costs and patient profiles, that are not available yet, and insurance companies cannot make insurance decisions on who will be a candidate for COVID-19 treatment or who will respond to it based on this information. Until more information becomes available about COVID-19 treatments and prognoses, insurers will not have data on patients’ profiles, treatment costs, etc. Data is used to underwrite risk and calculate premiums for disease-specific products. Products are priced and marketed based on this disease-specific data. As a result, businesses run the danger of overcharging or undercharging for their goods.

Reserve Ratio

Due to the global pandemic, the government has done things to keep bond and repo interest and rate-spread risk down, which means life insurers will face challenges with maintaining more important reserve requirements. Due to these challenges, the regulators may have to make some temporary allowances for insurers who are on the edge of insolvency. Since the level of protection and soundness of industry regulations are high, no significant problems exist in the sector. The industry’s profits in the long term are tied to portfolio profitability. It can impact both directions. The insurance business would have a downward-spiraling effect on bond prices. To drop in value, insurance companies will write these holdings off if a company has to record a temporary loss for a decrease in assets.

Force majeure insurance

The clarification given by the Finance Ministry said that while COVID-19 was natural, each affected party can use the greater clause of force majeure on a case-by-case basis. It further said that invoking this clause does not absolve the parties from performance obligations but merely suspends those obligations for a specified period of time which is 90 days. If COVID-19 is classified as a force majeure event, legal disputes may arise between contracting parties, policyholders, and insurance companies.

Post-COVID-19 strategies that can improve the performance of health insurance companies: Product development

Evaluate the effects of limiting sales of specific products or adjusting the launch date. Adapt current development and/or recommended or provided validation rates to assess the need to schedule alternative studies of various what-if scenarios to measure sales volume.

Sales management

Experiment with different stress test setups to examine the returns and all associated effects. Understand any problems you may encounter with the company’s distribution plan and normal operations. Develop customer-side messaging regarding market activities and support retail group distribution efforts.

Customer service

Establish an action plan in case significant accidents occur. The increased activity can be accommodated by methods or procedures of the side pockets, which is often the case. Think about how to ensure that transactions involving sensitive accounts, loan applications, and customer service work do not use technology as a problem in the future. Consult system documentation so companies can quickly respond to system problems. Decide whether customer service (whether in-house or outsourced) can work remotely and whether companies have other arrangements in place to minimize disruptions.

Conclusion

The insurance sector is vital to a country’s economy since it saves lives, boosts investment and personal savings, and employs large numbers of people. Insurers need to come up with more customer-centric, innovative solutions that provide multiple benefits to policyholders in order to address problems like falling demand for new policies, unpaid premiums, rising policy lapse rates, and financial breakdown of claim settlements caused by an increase in the number of deaths.

With the right decisions in place, however, these obstacles may be transformed into opportunities, such as expanding the use of digital services. In light of the existing instability and the consequent significant mortality risks which resulted in increased health awareness and the need for health insurance, Long-term insurance coverage is a product that people frequently buy to protect their family members. Before the Post-Covid-19 era, the insurance industry was the one that suffered a similar downfall compared to other industries; however, it has developed at a faster rate than any other industry.

Important Links

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

Law Aspirants: Ultimate Test Prep Destination



Source link

a means to an end


The article ‘Plea Bargaining: a means to an end’ by Sukriti Verma is a comprehensive study pertaining to the origin of Plea Bargaining, its concept, and its constitutionality in India.

Introduction

A plea means a request and a bargain means negotiation, so Plea Bargaining means a request for negotiation. In the legal world, Plea bargaining is a process of negotiation that happens between the opposing parties in the pre-trial stage, when the report is submitted by the police under Section 173 of the CrPC or after examination of witnesses and complainant under sections 200 and 204 of the CrPC. This is a new concept for India, as it was included as Chapter XXIA in the Code of Criminal Procedure in 2006. In this, the accused pleads guilty in exchange for a lesser number of years of imprisonment or to be released on probation of good conduct or after admonition.

The concept of plea bargaining is most prevalent in the United States, as more than ninety percent of cases in the US don’t even go to trial, because of this Concept. The objective of the whole idea behind this concept is the speedy disposal of cases because justice delayed is justice denied. Through this, the accused stands well compensated for, however in India, statutorily this doesn’t apply to offences where the punishment is more than seven years, or in cases of socio-economic offences, or offence against women or children below the age of fourteen years.

It came into existence pursuant to the discussions in the 142nd Law Commission Report and the recommendation of the 154th Law Commission Report, through the Criminal Law (Amendment) Act, 2005.

Origin of Plea Bargaining

The origin of the Plea Bargain is found in the American lands. The concept of plea bargaining was considered inappropriate till the late 1960s. Later in 1962, during the Salem witch trials in the colonial era, the accused witches were told that if they wanted to live, they should confess, and if not, they would be executed. This was done to extract more confessions from witches, the Salem magistrates also wanted them to testify against each other. The witches also agreed and saved themselves from getting executed. However, this illustration was used against plea bargaining stating that this practice, works contrary to the welfare of society, inducing innocents to plead guilty. The bill of rights which is the first 10 amendments to the US Constitution makes no mention of a plea bargain because that is somewhat contrary to the sixth amendment, which says

“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.”[1]

The Constitutionality of the concept of a plea bargain has been upheld in the United States. This was also held in the case of Bradly v. United States[2]. However, it requires the defendant to waive three rights guaranteed by the Fifth and Sixth Amendments of the Bill of Rights:

  • First, the right to a jury trial.
  • Secondly, the right against self-incrimination.
  • Third, the right to confront witnesses.[3]

Prior to that, in 1969, James Earl Ray pleaded guilty to assassinating Martin Luther King, Jr. in exchange for not being executed which helped him to get imprisonment of 99 years instead of the death penalty. Following this, the Supreme Court of the USA held that the defendant’s guilty pleas must be voluntary and that defendants may only plead guilty if they know the consequences of doing so in the case of McCarthy v. United States[4].

Criminal cases in the United States, are mostly solved through Plea Bargaining which amounts to more than ninety percent of the cases not being tried. The accused persons are ready to give up their constitutional rights in order to get fewer years of the sentence.

A criminal case is disposed of every minute in an American Court by guilty plea or Nolo Contendere Plea.

The landmark judgment of Bordenkircher v. Hayes,434 U.S. 357 (1978), gave a principle, in this case, the Supreme Court held – 

“the constitutionality can be determined for Plea Bargaining by seeing there is no element of punishment or retaliation as long as the accused is free to accept or reject the prosecution’s offer.”

The court however gave life imprisonment, where the offer of plea bargain was of 5 years. The accused should have chosen between the lesser of the two evils, but he failed to do so.

This concept of plea bargaining, or choosing the less harsh evil from the options available is also applied by the courts in tort disputes, between private parties.

In England and Wales, Victoria, Australia, “Plea Bargaining” is only applied to the extent that the prosecutors and defence are ready to agree to the fact that the defendant will plead to some charges and the prosecutor shall drop the reminder.

Concept of Plea Bargaining in India

The concept of play bargaining in India is given under chapter XXIA of the code of Criminal Procedure this chapter was instituted by act 2 of 2006 and came into effect on the 5th of July 2006.

The concept of plea bargaining applies to those offences in which punishment is less than 7 years and is not life imprisonment or death the application for plea bargaining can be filed by the accused after the police submitted its report under section 173 of the code of criminal procedure.

Secondly, this concept also applies when a magistrate has taken cognizance of an offence on a complaint. However, the offence in this complaint shall be such wherein the punishment of death or life imprisonment or imprisonment for a term exceeding 7 years shall not be prescribed. The process of plea bargaining in the second part can be only started after the magistrate has examined the complainant and the witnesses under Section 200 of CrPC and the issue of the process has been there under section 204. The same has been prescribed under section 265-A of the CrPC.

The major exception is that the offence in question shall not be a socio-economic offence, an offence against a woman or a child below the age of fourteen years.

The application for plea bargaining can be filed in the same court in which the trial is pending. This application filed shall include a brief description of the case, along with an affidavit signed by the accused stating that he has voluntarily made this application, after knowing all the nature and consequences of punishment. After receiving the application, the court will issue a notice to the public prosecutor, after which the Public Prosecutor or the complainant shall be present, and the accused’s examination shall be made on camera, to satisfy whether the accused has voluntarily made the application or not. This shall only happen when the accused is not convicted for the same offence.

If the court is satisfied, then it shall proceed further to a Mutually Satisfactory Disposition (MSD), which includes giving the victim compensation by the accused. The court shall make a report of this mutually satisfactory disposition, and that report will be signed by the presiding officer.

After that, if the Mutually Satisfactory Disposition is successful, then the court will dispose of the case by compensating the victim from the accused and releasing the accused on probation for good conduct or after admonition under section 360 of the CrPC. Or if the minimum punishment has been prescribed under the law for that offence, then the court shall sentence the accused to the minimum punishment for that offence or one-fourth of the punishment.

The court will pronounce its judgment and no appeal will lie against this judgment except the Special Leave Petition or Writ Petition under Articles 136 & 226 or 227 respectively of the Constitution of India.

Most importantly if no successful Mutually Satisfactory Disposition is achieved, the statement made by the accused for the purpose of plea bargaining shall not be used for any other purpose, other than this chapter.

The disposal of India is very slow when compared to the US, which implies that the Indian law system, doesn’t want to go on the road of plea bargaining for multiple reasons. Such as the accused in India, want to walk away on a clean slate, i.e., acquitted, whatsoever the time taken for it. This is because of the fear of image spoilage in society. Also, the parties hardly can reach a successful Mutually Satisfactory Disposition,

Indian Judiciary’s Approach towards Plea Bargaining

In the case of Murlidhar Meghraj Loya v. State of Maharashtra[5], the Supreme Court held when the case is in the field of criminal law, law enforcement repudiates the idea of compromise as immoral or a necessary evil. The state shall never comprise but rather it shall always enforce the law.

In the case of State of U.P. v. Chandrika[6], the Supreme Court held that on the basis of plea bargaining the court cannot dispose of the criminal cases. The Court has to decide the case on its merits. If the accused confesses his guilt, an appropriate sentence is required to be imposed. Further, the main objective of the court in appeal or revisions is to know whether the accused is guilty or not after examining the evidence. If he is guilty, an appropriate sentence is required to be imposed or maintained. Mere acceptance or admission of the guilt should not be a ground for reduction of sentence. Nor can the accused bargain with the court that as he is pleading guilty the sentence is reduced. In this case, the accused was charged with murder, which is outside the limit of 265A.

In the case of Kachhia Patel Shantilal Koderlal v. State of Gujarat and Anr[7] and Kasambhai Abdulrehmanbhai Sheikh v. State of Gujarat[8], the practice of convicting the accused on admission of guilt, i.e., plea bargaining was held unconstitutional. This practice would also tend to encourage corruption and collusion and as a direct consequence, contribute to the lowering of the standard of justice.

In the case of Thippaswamy v. State of Karnataka[9], the Supreme court held that the enhancement/imposition of a sentence in revision or appeal after the accused had plea-bargained for a lighter sentence or mere fine in the trial court would not be reasonable, just or fair and thereby offend Article 21 of the Constitution of India.

In the case of State of Gujarat v. Natwar Harchandji Thakor[10], the Gujarat High Court held that the concept of “plea bargaining” is held not only illegal and unconstitutional but also intends to encourage the complaint in the wrong direction, and leads to collusion and pollution of the poor punt of justice.

The ‘plea-bargaining and the raising of the plea of guilty, both things should not have been treated, as the same and common. Every plea of guilty, which is a part of the statutory process in a criminal trial, cannot be said to be a “plea-bargaining” ipso facto.”

Conclusion

The concept of plea bargaining is opposed by law enforcement in India, in order to successfully implement this concept, major guidelines, need to be provided, that could strike a balance between law enforcement and plea bargaining, which will further lead to the speedy disposal of cases. The start could be that the court looks at the evidence and the witness prima facie, then think about whether plea bargaining from the accused would be the right step or not. The intricacies of the case shall be looked at carefully, but not procedurally before accepting the mutually satisfactory disposition.

References

[1] The Bill of Rights, Available Here

[2] 397 U.S. 742

[3] Plea Bargain, Available Here

[4] 394 U.S. 459 (1969)

[5] (1976) 3 SCC 684

[6] (1999) 8 SCC 638

[7] 1980 CriLJ 553

[8] (1980) 3 SCC 120

[9] (1983) 1 SCC 194

[10] 2005 SCC OnLine Guj 320

Important Links

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

Law Aspirants: Ultimate Test Prep Destination



Source link

Work from home internship at Pavan Duggal Associates


Sibi j koola, a fourth-year law student from Christ University, Bangalore shares his internship work experience at Pavan Duggal Associates, Delhi.

Name

Sibi J Koola, 4th-year Law student from Christ University, Bangalore

Organization

Pavan Duggal Associates, Delhi.

Duration of Internship

2nd June 2022 – 1st August 2022(Virtual mode)

How to apply for the Internship

I applied for the internship through the mail with my CV and cover letter to [email protected] and I got a confirmation letter.

Internship Experience

I should really thank the firm first of all for giving me such a great opportunity to intern and which is dealing with the emerging areas of cybersecurity. The firm has got an excellent set of people who helps the interns to get a better insight into various topics. The virtual research-based project Internship focused entirely on cyber law and other fields of cyber security.

The entire experience has been very resourceful and informative. I really got to know more about Artificial intelligence during this internship period which is one of my favourite topics and which I have been eager to know more from a very long time. I also got the privilege of learning more about Blockchain, which is one of the emerging areas of technology in recent times. I also gained knowledge in other areas like Data ethics, Cybercrimes, Cybercrime regulations, Digital Sovereignty, and many more.

Timings

Since it was a virtual internship, they used to send me research topics on various fields like Blockchain, Cryptocurrency, Cybersecurity regulation, and a lot more. They had given two or three days time to research on the topics that were assigned.

Stipend

None

Important Links

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

Law Aspirants: Ultimate Test Prep Destination



Source link

Startup Funding in India


The Article “Startup Funding in India” by Naveen Talawar & Varun J Jangli is a comprehensive analysis of the innovative ideas which act as the main reason for the establishment of start-ups, along with the history of startups in India and the various challenges which are faced by a startup. The article describes in detail the startup funds and their various types. The authors suggest various ways to fund a business, such as self-funding, friends and family, crowdfunding, etc.

The article entails the NASSCOM India Startup report, which proves the increase over the previous years. It contains the significance of Startup India, the initiative of the Government, and the motive behind it. The authors in the last concluding paragraph recommend establishing a business in all areas of our country as it is clear that most developments in this sector have occurred only in metropolitan areas.

Introduction

India is a South Asian country that is still developing. It is the world’s most populous country and the seventh-largest in terms of land area. A high population in India equals a vast potential market, which increases the demand for jobs. The promotion of entrepreneurship is becoming increasingly important worldwide, which is also true in India. In addition to helping the country’s economy, entrepreneurship also helps to solve significant societal problems and create jobs. Every organisation’s success, whether a start-up or an established one, depends on its capacity to generate innovative ideas.

Innovation is one of the main forces behind entrepreneurship. Therefore, entrepreneurs continuously develop innovative ideas for the same problem. The Indian startup ecosystem has expanded quickly as a result of private investments, including seed, angel, venture, and private equity funds, as well as technical support from incubators, accelerators, and the government. For its part, the government is striving to foster a hospitable environment through its flagship Startup India project, which began in 2016.

Startup India

Startup India is an innovative programme that strives to help anyone who wants to launch a business. The government will assist these people in realizing their ideas and thriving because they possess both the capacity and the ability to do so. This initiative’s success would eventually lead to India being a stronger economy and nation.

Startup India, the flagship programme of the Indian government, strives to build a thriving ecosystem that supports the establishment of new enterprises, promotes long-term economic growth, and offers large-scale job opportunities. The government seeks to encourage enterprises to develop through innovation and design through this programme. Since the Hon’ble Prime Minister unveiled the plan on January 16, 2016, several initiatives have been launched to support his vision of India becoming a country where people generate jobs rather than looking for them. These initiatives have encouraged the startup culture, with the Startup India initiative recognizing enterprises and many entrepreneurs taking advantage of the benefits of establishing a business in India.

According to the NASSCOM India Startup Report 2015, with 4200 startups and counting, a 40% increase over the previous year, over $5 billion in investment, and three to four new enterprises beginning each day, India has moved up to the third position in the world in terms of startup numbers. In order to accomplish the objectives of the proposal, the Indian government published an Action Plan that covers every component of the startup system. The Government expects that this Action Plan will hasten the expansion of the Startup movement beyond the digital/technology sector to a variety of industries and sectors, including agriculture, business, the social sector, healthcare, education, and so on.

The Action Plan is based on the following three pillars:

  1. Simplifying and Assisting
  2. Funding Assistance and Incentives
  3. Industry-Academia Collaboration and Incubation

Definition of a startup

Startups are new business entities or organizations that create new utility in products and services to meet market demands and entrepreneurial endeavours in the early phases of development. They are new firms with a unique business model that is disrupting the market. There is currently no specific definition of a startup in the Indian context because of the subjectivity and complexity involved. There are certain conceptual definitions available in the public domain that take into account a variety of parameters relevant to every organization, such as the stage of their lifecycle, the amount and degree of finance achieved, the amount of money generated, and the area of operations, and so on. Some of the definitions are as follows;

On April 1, 2015, the Ministry of Commerce and Industry issued a notification defining a startup, and accordingly, a company will be classified as a startup if and only if the following conditions are met:

  1. If it has been completed five years after the date of incorporation.
  2. If it has not had a turnover of more than 25 crores in the previous five financial years.
  3. If it deals with the creation, deployment, and commercialization of innovative goods, processes, or services that are driven by technology or intellectual property.

On the official Startup website (startupindia.gov.in), the Department of Industrial Policy & Promotion (DIPP) provides a definition. A startup, according to that definition, is “an entity incorporated or registered in India not more than seven years ago, but not more than ten years ago for Biotechnology Startups, with annual turnover not exceeding INR 25 crore in any previous financial year, and working toward innovation, development, or improvement of products, processes, or services, or if the business strategy is scalable and has a great potential for creating jobs or wealth.”

History of a startup in India

Before the recent Startup boom, India was best known as an IT outsourcing destination, offering low-cost, basic labour to multinational firms for various back-end tasks. Over three decades have passed since India first had IT enterprises. The four crucial stages of development and maturity highlighted by the Microsoft Accelerator in India are the dot-com era, the growth of product startups, the expansion of the startup ecosystem, software services, and global delivery models. One of the turning points was Texas Instruments’ decision to establish an R&D facility in Bengaluru in 1985, which eventually served as an incubator for many of today’s entrepreneurs, is one of the milestones, as is the introduction of the popular accounting software Tally in 1986.

In addition to its recent strong economic growth, it has grown into one of the world’s largest startup ecosystems. Due to a rising number of angel investors, venture capital funds, incubators, accelerators, and government initiatives such as Digital India, Startup India, and Smart Cities, the Indian startup ecosystem has significantly evolved in recent years.

In 2004, Silicon Valley Bank opened its first branch in Bengaluru, ushering in the next wave of entrepreneurs. Since then, the pace of startup fundraising has accelerated. By 2015, India had over 10,000 startups, fairly similar to the People’s Republic of China (PRC). Eight unicorn startups were valued at $1 billion or more in e-commerce marketplaces, transportation and mobility, logistics and hyper delivery, ad: tech, digital banking and finance, online aggregators, and analytics.

In August 2019, Indian enterprises invested $1.4 billion in 50 collaborations, up from $182 million in 32 alliances the previous year. According to IVCA-EY (2019), India has over 50,000 enterprises, with 3,500 of them growing at a 30% annual rate, making it the world’s third-largest ecosystem (after the United States and the People’s public of China).

Challenges faced by Startups

The following are some of the problems that startups face:

Revenue creation

Many entrepreneurs struggle as they grow due to insufficient revenue creation. As operations expand, expenses rise in pace with reduced sales, forcing corporations to focus on fundraising and diminishing their focus on the main business. As a result, revenue generation is critical, needing effective burn rate management, or the rate at which companies spend money in their early stages. The issue is not just raising enough finances but also developing and maintaining growth.

Supporting infrastructure

Incubators, science and technology parks, business development centers, and other support mechanisms play an important part in the life cycle of startups. The lack of such support mechanisms raises the likelihood of failure.

Financial resources

Financing is important for companies, and getting enough money is always a challenge. Several financing possibilities are accessible, including family members, friends, loans, grants, angel funds, venture capitalists, crowdfunding, and so on. As the company grows, the necessity grows as well. A timely inflow of finance is required for business scaling. For a startup to succeed, proper financial management is essential.

Market awareness

Startups fail because they do not pay attention to market limits. Because of the uniqueness of the product, the environment for a startup is frequently tougher than for an established company. The situation is more complex for a new product because the company must create everything from the ground up.

Startup funds and their types

Startup funds are the sums of money required to start a new business, be it for office space, licences, permits, inventory, product development, marketing, or any other need. Financing options include banks, angel investors, and venture capitalists. Sometimes one of the first challenges a business faces is raising finance. Prospective or early-stage business owners must decide first whether to manage their company on their own or seek outside funding. Knowing what each source has to offer in terms of features, benefits/disadvantages, tax, and regulatory repercussions, etc., is crucial even though many factors play a role in the decision.

Entrepreneurs tend to be more committed at first, trying to manage funds from internal sources and personal debt rather than looking for outside funding. This gives entrepreneurs more freedom to develop their enterprises but also puts them in danger. It’s referred to as bootstrapping. Examples include controlling subsidized finance, limiting inventories and debtors, increasing creditors by delaying payments, increasing personal debt, owner financing, sweat equity, and other internal sources of funding.

Many new businesses demand more capital than the owner or entrepreneurs can give with their assets. A well-documented business plan comprising background information about the firm, promoters, organizational goals, and plans for achieving them is submitted to bankers and investors to receive external money. Investing in such projects follows a careful analysis of the company’s growth strategy and possibilities. External financiers and investors do more than just make money; they also offer advice and support by evaluating and monitoring corporate developments. There are choices for angel/seed financing, private equity funding, debt financing, crowdfunding, and other outside funding.

According to a recent report, more than 94% of businesses fail within their first year due to a lack of finance. Finance is the lifeblood of every business. India’s well-developed financial system includes financial institutions, banks, non-banking financial organizations, and venture capital firms. All of these organizations offer financial assistance to new and current businesses. The following are the most popular ways to fund a business:

Self-Funding

Self-funding is the process through which an entrepreneur uses their own funds to launch a company. The investing process is the initial phase. Before moving on to the next round of financing, a founder makes an initial investment in the business using his own money or resources. The ideal course of action for an entrepreneur who wants complete control over the business is self-funding from personal funds. The main benefit of this kind of financing is that it avoids equity dilution.

Friends and Family

Taking the assistance of friends and family who are enthusiastic about the new business is the second-best choice for quick financing. This is a significant non-personal funding source for enterprises just starting out. With experienced investors who might be interested in additional investment down the road, this strategy not only raises money but also builds the entrepreneur’s credibility. To ensure that their expectations are clear from the start, entrepreneurs must be completely upfront with them about the possibility of losing all of their money if the new business stagnates or fails. These investors may have inflated expectations and demand a specific percentage of ownership since they are ignorant of the reality of operating a new company.

Crowdfunding

Projects using crowdfunding are becoming more and more common to raise small amounts of money. During a campaign, members of the public can pledge online to support startup companies by making donations or placing pre-orders for later delivery. Crowdfunding is the best approach to accelerate a startup company’s growth without taking on debt or giving up stock.

Angel Investors

Wealthy individuals who are prepared to invest in start-up businesses in exchange for convertible debt or equity ownership are known as angel investors. Nowadays, there are high-net-worth locals interested in funding up to a million dollars in qualified entrepreneurs in almost every major city. Members of the network are business experts with extensive operational expertise who may offer guidance and financial support to emerging entrepreneurs.

Venture Capitalists

Professional investors who invest institutional money in commercially attractive startup ideas are known as venture capitalists. They are frequently looking for large prospects, have an established business strategy, and are ready to expand and demand large capital. As their money is at stake, they have the ability to influence significant decisions made by the companies in which they invest.

Equity Financing

The most popular means of raising money to launch a new firm more quickly is equity financing. In exchange for their funds, investors are given stock in the form of a stake in the company. Shareholders are only responsible for paying the face value of their freely transferable shares. This helps the business expand more quickly because it stops paying out money on a monthly basis.

Debt Financing

Debt finance is a loan that must be repaid over a specified time period. The entrepreneur is accountable for repaying the interest on the debt by financing borrowed funds. This sort of investment is typically employed during Seed Investment Rounds to protect the company’s founders and existing investors from dilution. This also prevents the startup from losing a valuable business asset at an early stage.

Conclusion

India is steadily becoming a startup hub, creating fresh creative ideas, owing to its significant number of youthful, educated, and working individuals. New businesses in India are primarily concentrated in metropolitan areas but must expand to other parts of the country. Innovative concepts with economic feasibility and growth potential are increasingly being supported and promoted through seed and private equity investments. SEBI has recognized crowdfunding as an alternative source of investment for startups. However, if properly handled, rules and regulations should be updated to boost crowdfunding and debt financing in the country, as well as scale-up company entrepreneurial growth.


References

[1] Niraj Plaha, Startup in India and various funding options for a startup in India, Available Here

[2] Madhusudan Narayan, Birajit Mohanty, and Mahesh Kumar, Growth Pattern and Trends in Startup Funding in India, Available Here

[3] Uruba Andaleeb and S.D Singh, A study of Financing Sources for Start-up Companies in India, Available Here

[4] Rohit Bansal, Skill India: A Catalyst to Nation Building, Available Here

[5] Sarika Sharma, Mrinal Raj, and Tanya Gandhi, Challenges and Issues Faced by Startup Companies in India, Available Here

[6] Roshan S. Patel, Startup India – opportunities and challenges, Available Here

[7] Priyank Gupta and Smriti Jain, Impact of Startup fundings on BSE and NSE indices in last quarter of the financial year, Available Here

[8] Start-Up Report, Available Here




Source link

NMIMS Student Law Review Vol V Issue I


Call for Papers is being invited by NMIMS for NMIMS Student Law Review Vol V Issue I by November 30, 2022.

About the Journal

The NMIMS Student Law Review is the flagship law journal of NMIMS Kirit P. Mehta School of Law, Mumbai, established with the objective of providing a forum for students to engage in quality legal discourse that captures the zeitgeist of contemporary legal issues. With this, the Journal strives to promote and foster a culture of serious academic research and writing. The remit of the Journal is not just limited to any particular area of law, and submissions of an inter-disciplinary nature analysing contemporary legal issues are encouraged.

Call for Submissions

The NMIMS Student Law Review invites original and unpublished manuscripts, including but not limited to: long articles, short articles, case notes and case comments, discussing issues from different facets of law from students.

Kindly note that the deadline for submitting the manuscript(s) is November 30, 2022.

Categories for Submission

  • Long Article (6000-10000 words): This category includes submissions that comprehensively analyse a contemporary legal issue that the author(s) seeks to highlight. It must either indicate the lacunae therein or, attempt to provide possible constructive suggestions, which can address the said lacunae or holistically cover the subject matter while offering a critical analysis of the chosen theme.
  • Short Article (3000-5000 words): This category includes submissions — that conduct an in-depth study of more specific issues and albeit in a concise manner — give the reader an insight into the legal issue identified by the author.
  • Case Notes & Comments (1500-3000 words): This category includes both case notes and comments that involve a pivotal assessment of any recent/landmark judicial pronouncement, legislation or bill. The focus must be on a relatively recent pronouncement or legislation.

Kindly note that:

  • The word limits mentioned hereunder are exclusive of footnotes.
  • The submissions made under the categories of Long Articles and Short Articles must enclose an abstract of not more than 250 words.

Submission Guidelines

  • Plagiarism: All submissions will be checked for plagiarism by the Editorial Board. Infringing, offensive or plagiarised submissions will be liable for rejection.
  • Co-authorship: Co-Authorship of up to two authors of the same or different institutions is permissible.
  • Formatting Guidelines: The main content of the manuscript must be formatted as per the following guidelines:
    • Font Style: Garamond
    • Font Size: 12
    • Line Spacing: 1.5
    • Alignment: Justified

Headings and sub-headings are to be formatted in a uniform style. A one-line gap must be maintained between all paragraphs and headings.

The footnotes must conform to the Bluebook Citation and Style Standard (20th edn.) and must be formatted as per the following guidelines:

    • Font Style: Garamond
    • Font Size: 10
    • Line Spacing: 1.0
    • Alignment: Justified
    • All hyperlinks must be in black colour and must not be underlined.
  • Anonymity: To facilitate our anonymous review process, we require you to confine your name, email address, phone number and affiliation and only enter such details in the form. Disclosure of any information concerning the identity of the author(s), within the body of the manuscript is strictly prohibited.

Submission Procedure

All manuscripts must be uploaded in .docx format. No other mode of submission will be accepted. Submissions are to be made via this form.

Exclusive Submission Policy

All submissions to the Journal should be original and should not be simultaneously considered by any other publication at the time of submission. The author(s) undertake to inform the Editorial Board immediately in case the manuscript is under consideration for publication elsewhere.

Timeline

  • The Journal follows a four-stage double-blind peer review process. In order to ensure transparency, the author(s) will be notified after the successful completion of each stage of the review process.
  • We do not accept any requests for expedition. All submissions are subject to the same review process and timeline.
  • Author(s) should be prepared to make suitable changes to their articles as required by the Board of Editors before acceptance.

Deadline for Submission

December 10, 2022

Contact

Email: [email protected]

Website: Click Here

Submitted By: Organising Committee

Important Links

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

Law Aspirants: Ultimate Test Prep Destination



Source link

Call for Paper for Volume 9 Issue 2 of the RSRR Journal


The RGNUL Student Research Review invites papers and submissions for Volume 9, Issue 2, from academicians, practitioners, legal luminaries, and students on the theme titled: “Instrumentalising Arbitration: Innovation, Interaction, and Impact”.

About RSRR

The RGNUL Student Research Review (RSRR) Journal is a bi-annual, student-run, blind peer-reviewed, flagship journal based at Rajiv Gandhi National University of Law, Punjab. It was founded with the objective of facilitating arguments in black and white.

Call for Papers

The Editorial Board invites submissions from academicians, practitioners, legal luminaries, and students on the theme “Instrumentalising Arbitration: Innovation, Interaction, and Impact.”

Serving as a global economic powerhouse, arbitration is not a foreign concept to India as an alternative method of dispute resolution. The Arbitration and Conciliation Act of 1996 came into effect at a time when it was praised for modernizing the legal landscape of Indian arbitration by making it more adaptable to modern needs and foreseeing collaboration between the judicial and arbitral processes while also limiting court intrusion. However, decades after the Act’s implementation, numerous critiques exposing its limitations and bottlenecks have exposed its failures in transforming India’s status to that of a global arbitration hub.

In light of recent developments in the arbitration sector, RSRR seeks to delve into the theme, to review and analyse the present legal and policy framework in light of the everyday developments in the sector.

The primary objective behind this theme is to provide a platform for legal analysis, insightful commentary, and in-depth analysis that can bridge the gap between pertinent legal developments in the sector and the likelihood of their actual implementation which, in turn, will improve the discourse about such contentious issues.

We welcome submissions from legal practitioners, academicians, students, and members of the legal fraternity.

For more details, kindly refer to the link for the ‘Call for Papers’ attached, herein.

Sub-themes

RSRR invites submissions on the following sub-themes:

I. International Investment Arbitration: Interaction, Innovation, and Impact

1. Investor-State Dispute Resolution Mechanism: Derogation from Protection

2. Interpretation of Most Favoured Nation Clauses vis-a-vis Substantive and Procedural Provisions

3. Negotiations and Renegotiations of ‘Mega-regionals’

4. Protection from Expropriation and the ‘Right to Regulate’

II. Contours of Public Policy: Scaling the Indian Arbitration Scenario

1. Fraud as a Ground for Arbitrability

2. Emergency Arbitration in India

3. Two-Tier Arbitration in India

4. Limitation Period Issues in Arbitration Proceeding

5. Validity of Pre-arbitral Dispute Resolution Clauses

III. International Commercial Arbitration: Reimagining the Practise

1. New Perspectives on Allocation of Costs in ICA

2. International Commercial Arbitration and Technology: Challenges of the New Perspective

3. Delocalisation of Arbitral Practice: Against the Principle of Lex Loci Arbitri?

4. Making a Case for Punitive Damages in ICA

5. Jurisdiction-specific Issues: The Need for Comprehensive Legal Reforms

6. Summary Determinations in International Commercial Arbitration

IV. Mapping New Horizons in Dispute Settlement: Latest Trends and Sectors

1. Reconciling Cross-Border Insolvency with ICA

2. Industry-specific issues in Arbitration (e.g., maritime, construction, oil, and gas, etc.)

3. International Arbitration as an Instrument of Economic Development

Note: The above-mentioned sub-themes and sub-points are only illustrative and not exhaustive, and the authors are free to write upon any other sub-theme, provided they fall within the broad ambit of this journal’s theme.

Submission Categories

The RSRR invites papers under the following categories: –

  • Articles (5,000 to 10,000 words)
  • Short Notes (3,500 to 5,000 words)
  • Case Comments (2,000 to 4,000 words)
  • Legislative Comments (2,500 to 4,000 words)
  • Normative Law Articles (3,000 to 5,000 words)

Instructions for Authors

  • All submissions must be in Garamond, font size 12, spacing 1.5.
  • All footnotes shall be in Garamond 10, single-spaced, and should conform to the Oxford University Standard for Citation of Legal Authorities (OSCOLA) mode of citation
  • Margins: Left 1 Inch and Right 1 Inch, Top 1 Inch and Bottom 1 Inch (A4).
  • The word limit is exclusive of all the footnotes.
  • Co-authorship is allowed for up to 2 authors.
  • All submissions must include an abstract of a maximum of 250 words.
  • All submissions must be accompanied by a cover letter in a separate document stating the details of the author(s).
  • All entries should be submitted in .doc/ .docx format only.
  • The author(s) bear sole responsibility for the accuracy of facts, opinions or views stated in the submitted paper. In case of any plagiarism found in the contents of the submitted paper, the Manuscript shall be subject to rejection.

Submission Procedure

The abstracts and the papers must be mailed to [email protected], with the subject “Submission for Volume 9, Issue 2 – Type of Submission (Article/ Short Note/ Case Comment/ Normative Law Articles)”.

The submissions of abstracts and papers should accompany a cover letter specifying the author’s name, designation, institute, contact number, and email for future reference in the mail body itself.

Deadline

  • The last date for submission of abstract is 20th December 2022 by 11:59 P.M. (IST).
  • The deadline for final paper submission is 11th February 2023 by 11:59 P.M. (IST).

Contact

For any further queries, contact us at [email protected].

For more details, refer to the attached Call for Papers.

Submitted by: RSRR Editorial Board

Important Links

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

Law Aspirants: Ultimate Test Prep Destination



Source link

Interview: Sanya Darakshan Kishwar | Lecturer


Sanya Darakshan Kishwar is an enthusiast in the field of human rights, she is currently working as a Lecturer at the Jindal Global Law School (JGLS), India. Sanya Darakshan Kishwar is a Council Member of WICCI and has been the President of the Indian Lawyers Association, Sonipat Chapter, and Research Mentor for the Project PVoice.

She holds a Masters in International Human Rights Law from the University of Leeds and a Master in General Laws (LL.M.) from the Pennsylvania State University, U.S.A. A recipient of the Best Law Student Award, she was a part of the team that won the 26th Willem C. Vis International Commercial Arbitration Moot in Vienna. She has previously worked as a Research Assistant under the tutelage of Prof. Catherine Rogers assisting her on the project Arbitrator Intelligence. Her areas of interest are gender studies, feminist theories, and intersectional issues. She is enrolled as a doctoral candidate at NLU, Delhi, researching the topic of rising digital antifeminism in the Global South.

Interview: Sanya Darakshan Kishwar

We recently got a chance to interview Sanya Darakshan Kishwar here’s the transcript of the interview with Sanya Darakshan Kishwar.

Legal Bites: Ma’am, as you are an enthusiast in the field of Human rights, in your opinion, what is the most important Human Right? How can the world make sure that human rights are protected?

Sanya Darakhshan Kishwar: I would not say that there is a thing like the ‘most important human right’. In other words, all human rights are equal and co-existent. For the same reasons, I am of the opinion that the classification of rights as first, second, and third-generation is misleading. To illustrate, the right to food, shelter, and employment are second-generation human rights, and the right to life is a first-generation right. However, food and shelter are essential for sustenance, and without employment, a person would not be able to sustain their life, in the long run. This demonstrates that the right to food and shelter stands on the same pedestal as the right to life and the right to employment, in fact, need to be safeguarded first, in order to safeguard the right to life. It is difficult to segregate one human right from the other so as to place them in a hierarchy.

As the human body requires all its organs to function together, human rights also function together to ensure the healthy functioning of society. For the second part of your question, since there is no international mechanism for the protection and enforcement of human rights and redressal of its breach, the best way to ensure the protection of human rights would be to strengthen the regional and domestic human rights enforcement mechanisms.

An important way of doing this is by spreading awareness among people about their rights and the corollary obligation of the state to safeguard these rights. Until and unless people from all strata are aware of their rights and redressal mechanism in case of breach of such rights, the regional/domestic human rights enforcement bodies would merely be symbolic and a project of the elite.

Legal Bites: Ma’am, you have completed your master’s in International Human Rights, so we request you to suggest certain benefits of studying International Human Rights for the students of Law.

Sanya Darakhshan Kishwar: International Human Rights is a vast field and one would need to narrow down their core interest, in the first place, if they wish to pursue an academic career in the field. That being said, academics is just one of the many career opportunities. You can get really good internships in law firms abroad that help clients with cases of human rights violations. Having studied human rights helps you understand the cases from a more nuanced angle, be it a criminal trial in a district court or the International Criminal Court.

A student of human rights would be able to understand the underlying legal issues from all three perspectives, namely the state, the victim/witnesses, and the accused. Given its intersection with almost all the fields of law, the field of human rights presents vast opportunities for interdisciplinary research and job opportunities. Personally, studying human rights has been an eye-opener to the many atrocities ongoing around the globe, both during times of peace and armed conflict.

Legal Bites: Ma’am, before joining in as a tutor, you worked as a research assistant under the tutelage of Prof. Catherine Rogers. What motivated you to choose academics as your career?

Sanya Darakhshan Kishwar: At Penn State, I exposed myself to multiple opportunities in order to understand what career would suit me the best (or what career I would be most comfortable in). While preparing for Vis Moot, I had understood that arbitration might interest me for the time being but certainly not in the long run. While researching under Prof. Rogers, I found myself leaning more towards topics that intersected with human rights of gender studies, for e.g., the under-representation of women in the field of international commercial arbitration.

I thoroughly enjoyed my classes for Human Rights with Prof. Tiyanjana Maluwa. It was under his guidance that I completed an essay and for that, I had to undertake intensive research. This made me realize how much I enjoyed researching and writing on topics in the field of human rights. This made me pursue a second LLM with a specialization in the field. At this point, I was clear that I would be most comfortable as well as happy with academics as a career. Researching the theoretical aspect behind a practical issue was my trait since my school days and I could best translate this trait into my career as an academician.

Legal Bites: Ma’am, you are the Council Member of the Women’s Indian Chambers of Commerce and Industry, and we can see that we have progressed towards a modern society, and budgeting & money management comes naturally to women, still, they shy away from making financial decisions. This is the condition of even urban women earning good salaries too, they are dependent on their father or husband for investment decisions. Mam, what could be the reasons for this situation?

Sanya Darakhshan Kishwar: This, in my understanding, is due to the way society has conditioned women for ages. The nascent-most understanding of the scope and extent of autonomy a woman receives is from her mother, who in turn has been made to adjust to the gendered roles, stereotypes, and assignments. This is passed on to the next generation and what is primarily a violation of autonomy, is accepted as the general rule, both by society and the individual. When it comes to investment and financial matters, gendered roles come into the highlight.

The stereotype of men being the providers of the family and women being the nurturers rob women of their opportunity to make their own financial decisions.

Often, it is assumed that men would be better at mathematics than women. Women are seldom asked for their opinions even if the investment is for the future of the family. It is assumed that they would not understand the fiscal benefits of an investment plan as well as a man could. This is of course stereotype that has no grounding in science and women are as capable of handling their finances as men are, and sometimes even better. However, even though we have excellent female economists, mutual fund analysts, and share market experts, society is yet to accept this as the norm. If their example is cited by women, their male guardians turn them down by advising them not to be encouraged by a few exceptions.

Legal Bites: Ma’am, you have received an award of the Best Law Student during your college days, so suggest the law students tips to excel in their law school and kindly emphasize the subjects to be more attentive during college days.

Sanya Darakhshan Kishwar: I would suggest students not to leave out uncovered the practical understanding of the papers that they are taught. For this, the internship is the most useful means. Moot court, trial advocacy, and other co-curricular activities are equally important for you to get a beginner’s insight into the practice of law.

The most basic of law papers that are taught in the first few semesters of your law school form the foundation of the advanced law papers that you study in the later semesters. It is, therefore, of utmost necessity for a law student to be clear with and have a grasp on those papers. These include the Law of Contract, Tort, Civil and Criminal law, and Constitutional Law.

It is also extremely important to stay up to date with the latest legal news. You can follow LiveLaw, Bar and Bench, SCC Online, etc. for the latest updates on recent judgments. Lastly, have your own copies of bare acts rather than depending on library copies. Bare acts are the windows to the massive world of law that you are being taught. Textbooks and reference books will act as your constant guide by adding to the understanding that you get by reading the bare provisions.

Legal Bites: Ma’am, it’s a matter of pride that you have won the 26th William C. Vis International Commercial Arbitration Moot in Vienna, and we would like to know about the changing trends of international commercial arbitration in India.

Sanya Darakhshan Kishwar: With the pandemic, the Indian contract laws found a gap in the existing jurisprudence with regard to the scope and extent of application of the force majeure clause during a global pandemic. This certainly has implications for international commercial transactions as well. Apart from that, in my opinion, India has been progressing in the adoption and usage of the different forms of Alternate Dispute Resolution Mechanisms, of which arbitration is just one, international commercial arbitration is an even more specific field.

One aspect in which India still lags behind is the list of arbitrators being under-representative of certain genders and classes. Also, with the increasing use of social media markets and the role of artificial intelligence in commercial transactions, India needs to get prepared to understand the intersection between technology and commerce better.

Legal Bites: Ma’am, so many e-learning avenues are open for students today. How can e-learning repositories like Legal Bites aid law students in law school?

Sanya Darakhshan Kishwar: In every class, there is always something that your law faculty would leave out for you to research. This self-learning requires you to stay up to date with the latest judgments, and opinions of judges, scholars, and advocates. E-learning repositories help you get hold of these. Moreover, many students start to prepare for competitive exams in their early years of law school and such websites are very useful for getting notes and practice question sets along with tutorials, which could be available for free or through an institutional subscription.

Legal Bites, for instance, has amazingly arranged the reading materials topic-wise and I personally find this easy-to-refer repository very user-friendly. Moreover, these websites also share announcements of co-curricular activities, internship vacancies, and job opportunities, which is indeed extremely helpful for students.

Legal Bites: Thank you so much!

Important Links

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

Law Aspirants: Ultimate Test Prep Destination



Source link

2nd IILM International Conference on Green Energy, Environment, and Sustainable Development


IILM Law School, Gurugram is organizing its 2nd International Conference on Green Energy, Environment, and Sustainable Development on 21st December 2022 (hybrid).

About IILM University

IILM University has a legacy of excellence in responsible management education since 1993. IILM University, Gurugram has been set up under The Haryana Private Universities (Amendment) Act, 2018 in Sector 53 Gurugram. With more than 27+ years of experience in training future entrepreneurs and managers, IILM has established a strong base of 12000+ alumni making it the preferred choice of destination of students in India.

About IILM Law School

IILM Law School is a Research-Oriented Institution providing global legal education providing five year Integrated B.A. LL.B (Honours) and B.B.A. LL.B (Honours), 1-Year LL.M and Ph.D (Law). We have tie-ups with international law universities, reputed NGOs, Corporate Houses and Law Firms to give an extensive exposure to our students. The school has recognition from the Bar Council of India & the University Grants Commission. Located in the heart of Gurugram, it was established in the year 2019 and is presently working under the leadership of our Chancellor Dr. SY Qureshi (Former Chief Election Commissioner of India), Pro Chancellor Prof. (Dr.) Ranbir Singh (founder & former Vice-Chancellor NALSAR Hyderabad & National Law University Delhi), Vice-Chancellor Prof. (Dr.) Sujata Shahi and Dean Prof. (Dr.) Asha Verma.

About The Conference

Aiming at bringing together innovative academicians and industrial experts in the field of Green Energy, Environment, and Sustainable Development to a common forum, we are looking to provide an academic platform for the communication of the latest research and developmental activities in related areas and promote information interchange between researchers, developers, engineers, students, and practitioners working all around the world.

Since the landmark 1972 Stockholm Conference on the Human Environment, the issue of the environment has been placed within the framework of sustainable development. All of the UN’s Sustainable Development Goals (SDGs) have some connection to the environment. The SDGs with a direct connection are Goal 6 (Clean Water and Sanitation), Goal 7 (Affordable and Clean Energy), Goal 11 (Sustainable Cities and Communities), Goal 12 (Responsible Consumption and Production), Goal 13 (Climate Action), Goal 14 (Life below Water), and Goal 15, (Life on Land).

During the conference, there will be substantial time for presentations and discussions. In addition, poster sessions and exhibitions offer valuable opportunity for exchanging information among delegates and participants, especially for those who are looking for new opportunities between presenters and participants.

Call For Paper and Suggested Themes

Original papers on the following indicative topics

Broad Sub-Themes

  • Human Rights and Environmental issues beyond law
  • Role of Public Participation in Environmental Decision Making
  • Energy Conservation
  • Energy Conversion and Management
  • Right to Environment Vs Right to Development
  • Waste Management system in India
  • Role of CSR in maintaining a healthy environment
  • Judicial Activism in Environment Protection
  • Green Constitution
  • Systematic analysis of the critical components of the international environmental law
  • Sustainable development and SDGs Goals
  • Eco- Feminism
  • Climate Governance in India
  • Nuclear energy & Environmental Law.
  • Effect of COVID-19 pandemic on environment & environmental law.

Who Can Participate?

The organizers invite papers for presentation from academicians, experts, lawyers, research scholars and students from all the disciplines from India and abroad.

Guidelines for the Submission of Final Paper

  • Abstract (Minimum 300 words) along with 5 Minimum Keywords should be sent to [email protected]
  • The title of the paper should be followed by Name, Designation, Name of the Organization / University / Institution and Email address. It is mandatory to mention your Email address, as all future correspondence will be through it;
  • Name and details of Co-author, if any;
  • Chapter: The chapter should be in Times New Roman 12-point font and double-spaced. The main Title should be in full capitals, bold and centred with a 12-point font. Sub-titles should be in sentence case, bold and 12-point font. Author’s names should be in small capitals and centred 12 point font Footnotes should be in Times New Roman 12-point font;
  • Citation Format: Please use footnotes rather than endnotes. Footnotes should conform to INDIAN LAW INSTITUTE, NEW DELHI STYLE.
  • The originality of Manuscripts: All the contributions should be the original work of the contributors and should not have been submitted for consideration in any other Publication. Any plagiarized work will be out-rightly rejected. (According to UGC Guidelines).
  • Text Style (Times New Roman, Font 12, Line Spacing 1.5)
  • Citation Style (The Indian Law Institute, New Delhi Citation), Times New Roman, Font 10, Line Spacing 1.0)
  • The title of the Chapter should be followed by Name, Designation, Name of the Organization / University / Institution and Email address. It is mandatory to mention your Email address, as all future correspondence will be through it;
  • Name and details of Co-author, if any;
  • The paper should be typed in MS Word format
  • The paper must be in single column layout with margins justified on both sides;
  • The length of the paper Should not Exceed more than 5,000 (Including Footnotes);
  • All Contributions must be submitted to [email protected] .

Publication

University may publish accepted papers. Publication of papers shall be at the exclusive discretion of the University.

Important Dates

  • Last Date for Submission of Abstract- 07th December 2022
  • Date for confirmation of Abstract- 08th December 2022
  • Last Date for Payment upon confirmation- 09th December 2022
  • Date for Submission of Full Paper to be sent – 19th December 2022

Registration Fees

  • For Academicians/Professionals: INR 800 (For Co-authors INR 1300)
  • For Research Scholars: 600
  • For Students (Outside IILM): INR 400 (For Co-authors INR 700)
  • For IILM Fraternity- INR 150 (For Co-authors INR 250)
  • For participation only: INR 250

Registration Link

Click Here

Payment Detail

Paytm UPI– 9015529562

Awards and Certificate

Two Best Research Papers will be announced and awarded with a Best Research Paper Certificate and a cash prize of Rs 2000.

Certificate shall be provided to all the participants.

Note: The Registration amount includes a Welcome kit, lunch, high tea, and certificates. No arrangement shall be made for boarding/lodging.

Faculty Convenors

Ms. Aastha Thakur [email protected]

Ms. Apala Vatsa[email protected]

Submitted by: Aastha Thakur

Important Links

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

Law Aspirants: Ultimate Test Prep Destination



Source link

Laws applicable to Medical Practice and Hospitals in India


The Article ‘Laws Applicable to Medical Practice and Hospitals in India’ by Snehil Sharma intends to explore the legal framework with regard to the medical infrastructure and practice in India. It will also retrace the journey of medical laws from the era of pre-independence to post-independence.

Human culture is based on honesty, integrity, respect, the quest for excellence, civic responsibility, accountability, and loyalty which are the values that also form the cornerstone of an ethical society. A society, and particularly its medical profession, a public-oriented and noble profession, can only survive and thrive by adhering to and practicing a set of rules of conduct that are guided by ethical, moral, legal, and social values of the land. This has been established through the dawn of civilization by trial and error. The states and territories that makeup India’s federal government manage the country’s overall healthcare system.

In accordance with the Constitution, each state has been “increasing the quality of nutrition and standard of life of its people and development of public health” as one of its main responsibilities. According to a survey done in Mumbai, eight out of ten doctors believe that India’s regulations governing the practice of medicine are outdated, and an even larger majority believe that there are too many laws and licenses needed to maintain their practice. Medical laws are obligations placed on society by the appropriate authority, and breaking them can result in a financial fine, a term in jail, or both.

Medical laws in India

People who choose to practice this holy profession have been subject to particular obligations and responsibilities from the beginning of human history. Charak’s Oath (1000 BC) and the Hippocratic Oath serve as examples of this (460 BC). The Kautilya’s Arthashastra provides documented proof of the state’s engagement and regulatory role. As there are cures for the ailments, Kautilya thought that famine was a greater catastrophe than plague and epidemics, as remedies can be found for the diseases. He believed the king ought to tell the doctor to use medicine to prevent epidemics.

The regulations created by Hammurabi, the legendary king of Babylon, approximately 2000 BC ago, are the earliest known system of laws governing health practices. Hippocrates, a Greek physician, established the Hippocratic oath, the first known code of medical ethics, in the fifth century BC, more than two millennia ago.

The state exhibited an interest in public works, the provision of medical treatment, and making legislation during the Ashoka period (270 BC). He established hospitals throughout his kingdom, paying for medical care out of public funds. Charaka’s Samhita contains a detailed description of ethics, and Ayurvedic doctors in ancient India had a clearly established code of medical ethics.

Before 1947 Developments

The colonial power brought their own doctors, surgeons, and barbers. As the treatment gained popularity in England in the middle of the 19th century, it gradually began to have an effect in India as well. Colonial health policies in India were primarily determined after 1857 through their concern for the military and the civilian population of Europe.

The process of establishing a healthcare system required the development of a legal framework for medical professionals. The East India Company provided doctors and surgeons to the country during the early period of administration, and the British Government took over after 1857. British doctors working in India were required to register with the General Medical Council (GMC), established in England in 1857, and were subject to its disciplinary rules. Lawmaking for doctors became necessary as more medical students graduated from Indian medical schools.

In 1912, the Bombay Presidency passed the Bombay Medical Act. Soon after, medical actions were taken in various other provinces. 1914 saw the passing of the Madras Medical Registration Act and the Bengal Medical Act.

The Indian Medical Degree Act, passed by the Indian Legislative Council and endorsed by the Governor General in 1916, came shortly after these provincial laws. After the Indian Medical Council Act of 1933 was passed, the Medical Council of India was established as a statutory national authority for modern medical practitioners. The Bombay Medical Practioner Act, which was passed in 1938, provided the Indian medical systems with their first official legal recognition and registration.

Post-1947 Developments

After gaining independence in 1947, organized healthcare services entered a new phase of development that gave individuals additional rights. Along with that, the state also started passing new laws, amending colonial laws, and developing case law to extend rights and strengthen peoples’ rights to health care. The task faced by the country at the time of independence and during the initial planning stages was to build the physical and institutional infrastructure for India’s quick development or modernization. With time, the Parliament has approved a significant number of measures and acts to improve India’s healthcare system.

Criminal liability in the medical profession

Criminal law seeks to influence people’s behaviour in a way that is acceptable to society. It makes a significant effort to uphold the social mortality laws. Criminal law identifies specific behaviours as crimes and specifies how they should be punished. Doctors who fail to perform their duties and commitments or who fall short of their obligations may be held legally responsible and subject to criminal prosecution and punishment. A doctor is subject to criminal law slightly differently than the average individual. This is due to the fact that it permits a doctor to harm a patient in order to prevent more serious harm.

Offences harming life are the most important area of criminal law for a doctor. These crimes primarily involve murder, simple injury, severe injury, and miscarriage or abortion. Any of these offences may be brought against a doctor in general. The criminal law, however, provides a doctor with three powerful defenses, namely: (1) informed permission, (2) necessity, and (3) good faith. A variety of criminal liabilities linked to various sections of the Indian Penal Code, the Code of Criminal Procedure, and several acts like MTP, PCPNDT, Transplantation of Human Organ Act, etc. are associated with medical practice.

Laws applicable to hospitals

There are numerous laws that make sure that hospital facilities are built following the proper registration process, that they are safe for the general public to use, that they have the bare minimum of necessary infrastructure for the anticipated type and volume of workload and that they are periodically inspected to ensure compliance.

The Laws which are applicable to hospitals and their commissioning include the Atomic Energy Act 1962, Delhi Lift Rules 1942, Bombay Lift Act 1939, Draft Delhi Lifts and Escalators Bill 2007, Companies Act 1956, Indian Electricity Rules 1956, Delhi Electricity Regulatory Commission (Grant of consent for captive power plants) Regulations 2002, Delhi Fire Prevention and Fire Safety Act 1986, and Fire Safety Rule 1987, Delhi Nursing Home Registration Act 1953, Electricity Act 1998, Electricity Rules 1956, Indian Telegraph Act 1885, National Building Act 2005, Radiation Protection Certificate from BARC Society Registration Act, Urban Land Act 1976, Indian Boilers Act 1923 and The Clinical Establishment (Registration and Regulation) Bill 2007.

Laws governing to Sale, and Storage of Drugs and Safe Medication

In India, there are many other laws that limit the misuse of dangerous drugs, regulate the sale of drugs through licenses, prevent drug adulteration and provide for punitive action against offenders. These laws also control the usage of drugs, chemicals, blood, and blood products. The following laws and provisions administer the Sale, Storage of Drugs and Safe Medication:

  • Blood Bank Regulation Under Drugs and Cosmetics (2nd Amendment) Rules 1999
  • Drugs and Cosmetics Act 1940 and Amendment Act 1982
  • Excise permit to store the spirit, Central Excise Act 1944
  • IPC Section 274 (Adulteration of drugs), Section 275 (Sale of Adulterated drug), Section 276 (Sale of drug as different drug or preparation), Section 284 (negligent conduct with regard to poisonous substances)
  • Narcotics and Psychotropic Substances Act
  • Pharmacy Act 1948
  • Sales of Good Act 1930
  • The Drug and Cosmetics Rule 1945
  • The Drugs Control Act of 1950
  • VAT Act/Central Sales Tax Act 1956

Conclusion

Because it aids in the preservation of life, the medical field is seen as noble. We consider life a gift from God. As a result, a doctor plays a role in God’s plan as he prepares to obey his command. The majority of the time, a patient chooses a physician or medical facility based on reputation. Patients have two expectations of doctors and hospitals: first, that they will treat them with the knowledge and competence at their disposal, and second, that they will not in any way injure the patient via staff negligence, carelessness, or recklessness.

When people first entered contemporary human society, they sought a high standard of living. But even the quality of life is influenced by our physical well-being. When compared to the size and issues in the healthcare industry, there are surprisingly few laws governing health. A comprehensive healthcare act must be created in order to align the goals of India’s various legislative initiatives with the broader healthcare industry. Most frequently, medical-legal disputes result from violations of these laws and rules. A hospital or doctor would be in compliance with the law if they thoroughly understand and abide by these laws and regulations.

References

[1] Madhav Madhusudan Singh, Uma Shankar Garg & Pankaj Arora, Laws Applicable to Medical Practice and Hospitals in India, Available Here

[2] Ankita Budhiraja, Laws Governing Hospitals in India, Available Here

[3] Vridhi Sharma, Health, Healthcare & Right to Health: questions at national & international level, Available Here

Important Links

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

Law Aspirants: Ultimate Test Prep Destination



Source link