Institute of CSR & Management-Delhi (ICSRM) is looking for Programme Associate cum Secretary for the Director’s Office.

job at a glance

JOB PROFILE

Post: Programme Associate cum Secretary for the Director’s Office.
Graduate: Added qualification will get advantage.
Conversant to taking dictation in long-hand
Good in English
Working knowledge of Hindi
MS Office, familiar with Preparation of PPT, Graphs in Excel, Report Preparation.

RESPONSIBILITIES AND CONDITIONS

Will be responsible to all programme related to academic project documentation, provide support to Director, related to Institute and its allied affairs.
Also responsible for the Office administration and its supervision.
Communication on behalf of institution as entrusted by the Director.
Professionally engage in documentation and programmatic activities.
Office timing is 9:30 am to 5:30 pm (Monday-Saturday).
Tax and other deductions are applicable as per the Govt. norms.
Confidentiality need to be maintained as under non-disclosable agreement applies to hard and soft documents in all nature.

EXPERIENCE

Minimum 3-5 years’ experience.

EMOLUMENT

Would be entitled to get Rs. 22,000/- to Rs.25,000/- (depending upon the experience) consolidated per month.

AGE

Age should not be more than 35 years.

About Institute of CSR & Management-Delhi (ICSRM)

‘Institute of CSR & Management – Delhi, (ICSRM)’ initiated a process to strengthen the formal and informal synergies of Business and Community through Corporate Social Responsibility (CSR). In the present context, CSR being emerged as one of the major business instruments; it ignited several dimensions of opportunities and innovations for our next generations. This is the first Institute of its kind would be dedicated towards institutionalizing higher learning and policy areas of CSR in India.

We are a reputed and respected group, setting up a Higher Learning Institution under UGC and AICTE. The Institute is based in Delhi. Institute has already formed its Governing Council and Advisory Council.

Vision

To be the Leader in CSR Higher Learning in India and South Asia.

Mission & Purpose

To create CSR professionals as a missionary project.

To undertake research and projects in the fields of Business & Community Development.

To act as a Think Tank on CSR and its related areas.

How to apply?

Send us your CV at icsrmdelhi@gmail.com

Interested applicants can contact at:

Camp Office: Thapar House, N-161, UG-1,

Yusuf Sarai, New Delhi-110049

Tel: 011-41004497

The post Job opportunity – Programme Associate cum Secretary for the Director’s Office – Institute of CSR & Management-Delhi (ICSRM) appeared first on iPleaders.

This article is written by Ramanuj Mukherjee, Co-Founder and CEO of iPleaders, mbl.nujs.edu, startup.nujs.edu.

My parents never interfered much in my education. Mostly they allowed me to study what I wanted to study. The one time they were really upset was when I decided to study law instead of medicine, but once my fate was sealed after a crusade in that regard, they went back to being ambivalent about my career choice. Do what you want, we are there to support you. They didn’t always say it aloud, but I knew it.

There was one exception though. They keep telling me: when will you do your master’s degree? You can do it in law, or management – whatever, you should go for it.

I do not feel it is very relevant in my line of work at the moment (though many may disagree, I am after all CEO of an education company). What I need to learn I learn on the job. And it’s often hard, often crushing, many a times magnificent. I believe mostly in learning through practical exposure than academic pursuits, but even then, someday, I think I will want to get that master’s degree. I just know it in my guts.

Well, most people in the world will never do a master’s degree. It is only a small percentage of the population, till now, that got around to pursuing a master’s degree.

It’s not just that it is difficult to get the right course or get through the right university. It is hard to do a master’s degree because it is the choice between earning a lot of money in a year or two or completely sacrificing it for an academic pursuit that may or may not financially pay off.

When your job is going well, you are rising fast, do you really want to interrupt the home run for a year or two in order to get that degree?

If you have the home loan or car loan to pay off, can you really take off from your practice for a year or two to attend college all over again?

It’s a different thing if things are not working well on the professional frontier and you want to take a rain check: probably taking yourself out of the professional world and planting yourself in the academic world for some time is not such a bad idea.

However, till now, higher education was the prize of a privileged few, and many of those who would have liked to do it had to keep out due to many constraints.

Well, that is changing quickly with emergence of online education. Top universities around the world are now offering higher education, including master’s degree, online. That has changed the game.

How amazing is it that you don’t need to leave your work, or practice, to pursue a highly rewarding master’s degree course online?

NUJS, Kolkata has been a leader in online education in India, and even in the world as far as legal education is concerned. We are also proud to be running India’s most successful and popular online Master’s Degree course in Business Laws – taken up by MDs, CEOs, IAS officers, judges, Advocates on Record of the Supreme Court, law professors, law firm founders and partners and many upcoming business leaders and legal eagles.

However, keep in mind that if your ultimate goal is to teach in a law school, or pursue a PhD from a prestigious institution, you would probably do better to get your master’s degree in a traditional university by attending lectures full time. If you do your master’s degree through online or distance mode, irrespective of whether such a course has recognition of UGC or not, you will not benefit from such a course. Indian academia is very staunchly against recruiting teachers or research scholars who pursued master’s through distance or online courses. This is how it stands as of now, though it may change in the future. However, today if you ask me, I will strongly suggest that if you have academic ambitions, do not do your master’s degree online or through a distance course unless you already have one master’s degree done through a regular course or plan to get another master’s degree soon through a regular course requiring full time attendance.

There are many law teachers from some of the most prestigious law schools and colleges who are pursuing our online Master’s courses from NUJS in order to learn more practical insights from the industry for the benefit of their students, and we humbly welcome them.

If your career and future lies in the industry, legal or otherwise, we welcome you to join our next batch, the last date of enrolment for which is 30th June. The batch begins from 7th July, and we can’t wait because some amazing people are already part of the batch.

Here are the specializations available

Seats will fill up fast, so please hurry if you are interested. If you have any questions, feel free to call us on 011-3313-8901.

All the best! Let me know what you think about doing a master’s degree online even if you are not interested in our courses. Just hit reply to this, I reach each and every one of them.

The post Who must not pursue an online master’s degree appeared first on iPleaders.

This article is written by Ramanuj Mukherjee, a former NUJS graduate who topped law entrance back in 2006, founded CLAThacker.com in 2008 and helped hundreds of law aspirants to crack CLAT. He has recently launched the first comprehensive online course for Legal Aptitude (CLAT) with a revolutionary new approach that can help you to score high effortlessly. If this is not relevant to you, please forward to someone who may find it useful.

India Today, Outlook magazine and many others come up with their annual law school rankings and sell a lot of magazines to anxious parents as well as advertisers who cash in on those parents with large, expensive ads.

However, given that you are a smart, discerning person who know about us and read our mails, how seriously should you take those law school rankings?

Back in 2011, when I was just beginning my career as a lawyer at one of the country’s best law firms in Mumbai, thereby putting an end to my 4 year long career as a law entrance/CLAT coach and mentor, I wrote an article on this subject. The title of this article was “Law school rankings are for idiots.” The article was an instant hit and was read by over 11,000 people.

Therefore, you can understand what my sentiment with respect to most law school rankings will be. I also refuse to come up with my own rankings any more. After 5 years of working on legal education, teaching law online to thousands of lawyers, law students and professionals, and seeing many young law students and law graduates achieve greatness in their chosen path, I am certain more than ever that these rankings matter the least.

Alright, but then how should I choose which law school to go to given my choices?

I am rewriting my old article a bit, so that it is updated for now!

What is law school ranking all about?

Law school ranking is all about perpetuating a myth. It’s all about getting the law students of various colleges worked up about their position and they fighting tooth and nail with each other on comment boards of various online publications. It is also about making money by carrying full page advertisements by (mostly private) colleges who need to fill their seats one way or the other. Do not fall for these scams.

To understand the sinister design behind these rankings, you must consider the origin of these ranks.

There was a time, when there was only one law school, an experiment by a maverick visionary. This was the case for one whole decade as that law school struggled in Bangalore hidden away from public eye to prove itself as a successful model of legal education of the new India.

Then one of the professors from the bangalore law school set up one more in Hyderabad in 1996. Rankings were not relevant – people knew these are the only two law schools, both good with the first one having some advantage. There were few takers anyway, those who were smart enough to see the potential got into the one that they managed to get admitted to.

Then NLIU was started in Bhopal in the same format, largely unnoticed – and it had a terrible admission procedure. It was not remarkable, at least not for the first decade of its existence. I understand many NLIU alumni will vehemently disagree, but according to my understanding and observation it never quite matched up to NLS Bangalore or NALSAR Hyderabad, but is a pretty decent law school by its own right. Goes without saying, many alumni from NLIU has achieved amazing heights nevertheless.

In 1999, the same maverick visionary Dr. Menon came and did a slightly different experiment in Kolkata, when he was invited to start a law school there by late Jyoti Basu, the erstwhile Chief Minister. Within few years NUJS students left a mark in every aspect of academics and professionalism, like the first two law schools. Till this point, no one clamoured over rankings of law schools.

Soon the 2nd VC of NLS Bangalore Dr. N.L. Mitra built another law school in Jodhpur, and introduced his trademark work ethics and great intellect. NLU Jodhpur kind of gave the older law schools a run for their money in many areas in it’s earlier days. It’s fortune has varied since then as other VCs who follower Dr. Mitra failed to keep the standards as high as it used to be. Still, it is considered amongst the very best.

Each of these places were great because the people there worked hard to make them great. The faculty, the administration and the students toiled to excel. They did very, very well.

Copycats

Then the model was copied everywhere. Too many law schools mushroomed, not all of them were good. State governments threw money at these new National Law Universities. Many of them had great infrastructure, much better than the original law schools, but still didn’t find the great leadership or the sweet spot of building a great culture. And this was the time when the national media realised what a great opportunity higher education is for business – even the poorest of poor will spend last penny of their hard earned money to send their child to a good school, and then they will borrow more. This was a ripe market.

The vultures descended

Magazines started to come out with ranks to make the job of the parents easy – it started with India Today. What random rankings! And the rankings changed every year – like TRP of TV serials. If this year Amity is the best law school in the country (I think that was the case in 2004 or 2005, when i was preparing to get into NUJS), then next year it is Symbiosis. NUJS did not even make it to the rank list until 2007.

I always wanted to meet the people who trusted those rankings and joined a law school based on that information. I would love to hear what they have to say about India Today rankings now. Well, that legacy is being continued.

I said so in 2011 in CLAThacker.com, and since then almost all serious legal publications have agreed. From LegallyIndia to Lawctopus, everyone has called the law school rankings a joke at some point or the other.

In 2011, according to a ranking by The Week, NUJS was ranked 13th and NUALS was ranked 2nd. Some NUALS students were elated about this, not that this was their fault, but what a sad joke. I graduated in 2011 from NUJS, I got 4 job offers of over 14 lakh per annum each. My batchmates had abundance of such offers. First graduating batch of NUALS, or even those who joined in 2011 and graduated in 2016, would have had a very different story to tell. Here is a report on recruitment of NUALS 2016 batch, those who got into NUALS seeing the 2nd best law school in the country report from India Today. 16 out of 21 got through to any campus placement jobs at all, with none in the top 6 law firms which are the best paying jobs.

Compare this, yourself, with NUJS 2014 and 2016 batches. You will at once know what is the worth of that India Today ranking.

Are there any sensible rankings?

The first sensible ranking I saw anywhere was at LST, by Sachin Malhan. And the ranking has not really changed since then. Rankings don’t change, by definition. Guess why?

There is no tangible way of measuring a law school’s success. Not even by seeing who wins MPL. Not by looking at how many Rhodes Scholars have come out a stable. Not even by counting the number of successful entrepreneurs or senior counsels.

I am better than you: rankings to fuel egos

In reality, law school rankings are myth, passed down from generation to generation. NLSIU is the best. Then NALSAR. Then NUJS. Then NLUJ. Hold on, maybe NLUD is better.

Sorry, stop right there. We have already done enough of that and misguided too many young law aspirants.

After seeing the law schools for 5 years, and then another 6 years in the legal industry, after seeing what happens before, after and within the walls of law school, I can vouch for the fact that these rankings make no sense. This is just vanity. One up-manship which has no meaning and no value.

If NLS was better than NUJS or even NLUJ in any measurable, intelligible and substantial way, then the recruiters would have recruited only from NLS and not make it a point to visit NUJS and NLUJ also. Then you could predict that everytime NLS teams meet others in a moot NLS will always win. Or that there would be things that only NLS kids can do and no one else. These rankings are mostly irrelevant and not of any use to anyone.

Even recruiters don’t look at them. If you are a law student or law aspirant, why should you?

Why would you let anyone else tell you or make you think that you will become a lesser lawyer because you couldn’t get through to a certain law school?

What should you look at while choosing law schools?

Am I saying that there is no intelligible way of choosing a law school over another? No, that’s not what I am saying. I am just saying don’t fall for self-perpetuating myths. What should you consider before choosing a law school? Here is a list of things you should think of before deciding to go to a law school.

Fee. Spend as less as possible. Some law schools are much costlier than others. Factor that into your decision.
Recruitment is the touchstone. See what has been the recruitment stats in recent years from LegallyIndia.com. If recruitment has not happened yet, take into account the possibility of recruitment. For instance, colleges like KIIT and UPES already have a bunch of recruiters hiring engineers and managers from the campus, and they are likely to have decent recruitment for the law students too. This might be better than some National Law Universities which completely fail with respect to recruitment. For instance, a glance at LegallyIndia reports will tell you that CNLU, NUSRL, RMLNLU etc have been really struggling with respect to recruitment over the years.
Academic culture or the lack of it – this one is tough. Let me help here – I saw a real, impressive academic environment in NLS in my time. Those guys really breathed and lived law in the campus. People respected the law students who debated, wrote and quarrelled about laws. Most of the other colleges lacked such a strong academic culture. I have heard NLUJ had it when Prof. Mitra was there. NUJS, NALSAR and NLUD have got a better academic culture than the others. It takes a strong academically respected VC, supported by young and energetic law faculty to create that kind of academic culture. The students thrive in such environment and work hard to achieve larger than life results. If there is only one reason that NLS is still somewhere ahead of the pack, or that NLU Delhi has risen fast amongst the ranks of law schools, then this is the reason. If you are reading this many years later after this was written, and have found a law school with a good academic culture, go for it. Don’t think much.
Quality of life is super important. Even if the academics suck, you have a chance to be a good student, a hardworking person, a self made man or woman and do well in life. But a bad quality lifestyle is soul destroying. There is no cure for that. How is the hostel? What sort of amenities are there? Is the place far away from the city? The fact that NUJS is right in the middle of the city, in quiet yet convenient Salt Lake, made my life easier and happier. You should hear the people living in Nagarbhavi complain. Things have improved compared to before, still.
Is the place you are going to liberal in spirit? This also goes into fundamental making of a person. Is the place full of conformists? Does the institution encourage diversity and individuality? Also, imagine a place that allows you to go out only for two hours in a day. That’s NLUD, and despite all its goodness, I shall avoid it for that reason alone. Same for NUALS, where the authorities insist that students wear blazers to class, not to forget the uniform. My life would have been very different had I not been able to go out of the college. For instance, I would not have taught hundreds of students for thousands of hours, training them for CLAT, or just teaching speed reading. I would not have surveyed the Kolkata food and drinks scene like I did. I would not have been able to attend Startup Saturdays, meet entrepreneurs and start a legal risk management company while I was still in college. That’s the kind of miracle that giving freedom and liberal approach brings about.
New institutes are better than failed institutes. I will trust a law school which has a clean slate and a good plan, a good VC rather than one which has failed in delivering what it originally promised. There are several of them. Go through recruitment stats, or even the reports of complaints and dharnas by students and you will know who they are. There are many so called National Law Universities that I am not recommending to my students any time soon, at least until they get a good VC or have at least one good recruitment cycle. I shall rather trust newer institutions with VCs with good track records of institution building over the ones who have unreliable leaders at helm. That way, Jindal Global Law School or Lloyd Law School may trump many National Law Universities. Go for newer institutes that show some promise and good measure of planning so far.
Closer to home, the better. Can you go back home quickly if needed? Home is a great support system everyone deserves but only few gets. One great thing about NUJS is that it does not insist on you to stay in hostel. Guess what? The day scholars’ average CGPA is a notch higher than the rest of the college.
No, there are no other considerations. Faculty is more or less similar everywhere – and quality of faculty drastically changes. NUJS had worse faculty than HNLU in my first year, and by my 4th year it had the very best thanks to legendary Prof. M.P. Singh. It’s something you can neither foresee nor control. Don’t bother.

And remember, law school rankings are self perpetuating myths. Take a decision based on what really works for you, not based on myths people have been propagating. In the end of the day, it is all about what you do with what you have, which has no ceiling, and no floor.

If you want to become an extraordinary lawyer, you can do it from anywhere. I run a company called iPleaders, which helps law students to get access to top legal professionals and acquire very advanced skills that ensure that they get the best jobs and opportunities. You can see some of these online law courses here. We also partnered with NUJS to launch these courses which have helped thousands of law students, law graduates, managers, consultants, CEOs, even IAS officers to learn practical aspects of law and become great with various aspects of law.

If you know someone who is interested in cracking CLAT or studying law, share this mail with them and also a link to this amazing online course for cracking CLAT that can help them to get a great CLAT score.

The post Law School Rankings and How to choose the right law school appeared first on iPleaders.

In this article. Harmish Patel put forth the Advantages and Disadvantages of Financial Investment.

Introduction

Financial investments are made with the future desire of making just financial returns as far as income from the organization in which investment is being done. In the event that a private value speculator purchases a stake in a portable assembling organization the thought process behind this will be to financially benefit from the profit paid out by the investee organization. In vital investment speculator looks forward for substantially more as contrast with the financial investment.

Private value speculators, Venture industrialist and blessed messenger financial specialists are the financial specialists and their rationale behind making investments is procuring benefit through profit and energy about their incentive throughout the years.

A financial investment is a benefit that you place cash into with the expectation that it will develop or acknowledge into a bigger total of cash. The thought is that you can later offer it at a higher cost or acquire cash on it while you possess it. You might be hoping to develop something throughout the following year, for example, setting something aside for an auto, or over the course of the following 30 years, for example, putting something aside for retirement.

How you contribute these cash can be altogether different. Time assumes a critical part in breaking down financial investment. Additional time traverse you have, the more hazard you take, and the more potential for profiting! It is vital to note that there is additionally a monetary meaning of financial investments that arrangements with how organizations put resources into items, hardware, plants, representatives, and inventories.

We should take a gander at a couple key terms worth knowing with regards to financial investments.

Appreciation means increment in fiscal esteem. For instance, you purchase an offer of stock for $10, and after a year it is worth $15; the stock has acknowledged $5.
A profit is an appropriation of a part of an organization’s income, chosen by the governing body, to a class of its shareholders. Profits can be issued as money installments, as offers of stock, or other property… For instance, you put resources into Microsoft stock, and it might pay you a profit of $5 an offer. On the off chance that you claimed 500 offers you would get paid 500 * $5 which is $2,500!
The rate of premium is generally communicated as a yearly rate of the foremost, and is affected by the cash supply, monetary approach, sum being acquired, financial soundness of the borrower, and rate of swelling. The two sorts of intrigue are straightforward intrigue and self multiplying dividends. For instance, you may have $10,000 in government reserve funds securities that compensation 5% intrigue every year; that indicates $500 a year!

Financial Investment

Definition

A financial investment is a benefit that you place cash into with the expectation that it will develop or acknowledge into a bigger entirety of cash. A couple of the most widely recognized sorts of financial investments are CDs and bonds, which pay enthusiasm to the proprietors. Financial investment alludes to setting aside a settled measure of cash and expecting some sort of increase out of it inside a stipulated time span.

Sorts of Financial Investments

An individual can put resources into any of the accompanying given beneath:

Mutual Funds
Fixed Deposits
Bonds
Stock
Equities
Real Estate (Residential/Commercial Property)
Gold/Silver
Precious stones

Qualities of Financial Investment

The financial specialist won’t be occupied with maintaining the business – in any event the length of organization is beneficial and he is acquiring the normal profits for investments. In the event that a financial speculator observes the promoters to be ineffectual then the financial specialist may try to name distinctive supervisors to run the organization.
The speculator depends to a more prominent degree on the current administration themselves, dissimilar to key financial specialists.
For the above reason they additionally need proceeded with nearness of the current administration of the organization. They for the most part don’t give an exit to the authors or existing administration. They additionally would not be occupied with a controlling stake typically.
Usually they don’t buy shares from the current shareholders, yet purchase shares which are newly designated along these lines infusing reserves into the organization as development capital instead of giving ways out to the current shareholders which does minimal great to the soundness of the organization.
Financial financial specialists want that your business ought to in the long run get gained by a vital speculator or it ought to make an open issue of its offers.
Financial speculators put resources into number of organizations realizing that a portion of the investments will turn sour while the other may do to a great degree great. They likewise attempt to request certain rights which will guarantee that they can purchase greater stakes in the organization if the organization perform well.

Sorts of Financial Investments

Bonds

Converged under the general class called ‘settled pay’ securities, the expression “bond” is ordinarily used to allude to any established on obligation. When you purchase a security, you are giving credit (loaning) out your cash to an organization or government. Consequently, they consent to give you enthusiasm on your cash and in the long run pay you back the sum you loaned out.

The primary fascination of bonds is their wellbeing. On the off chance that you are purchasing bonds from a consistent government, your investment is for all intents and purposes ensured (or “chance free” in contributing speech). The security and steadiness, be that as it may, included some major disadvantages. Since there is little hazard, there is minimal potential return. Therefore, the rate of profit for securities is by and large lower than different securities.

Stocks

When you purchase stocks (or ‘values’), you turn out to be somewhat a proprietor of the business. This gives you a privilege to vote at the shareholder’s meeting and enables you to get any benefits that the organization assigns to its owners–these benefits are alluded to as profits.

While bonds give a consistent stream of wage, stocks are unstable. That is, they vacillate in an incentive every day. When you buy a stock, you aren’t ensured anything. Many stocks don’t pay profits, profiting just by expanding in esteem and going up in price–which won’t not occur.

As contrast with bonds, stocks give moderately high potential returns. Obviously, there is a cost for this potential: you should accept the danger of losing a few or the greater part of your investment.

Shared Funds

A shared store is a mix or blend of stocks and bonds. When you buy a shared reserve, you are pooling your cash with various different financial specialists, which thusly empowers you (as a component of a gathering) to pay an expert administrator to choose particular securities for you. Common assets are good to go up on account of a particular methodology, and their territory of center can be about anything: extensive stocks, little stocks, bonds from governments, bonds from organizations, stocks and bonds, stocks in specific enterprises, stocks in specific nations, and the rundown goes on.

The essential favorable position of a common store is that one can contribute one’s cash without the time or the involvement in picking investments.

Elective Investments: Options, Futures, FOREX, Gold, Real Estate, Etc.

There are two fundamental securities: value and obligation, also called stocks and securities. While many (if not most) investments can be categorized as one of these two classes, there are numerous option vehicles, which speak to more confounded sorts of securities and contributing techniques.

The uplifting news is one presumably don’t have to stress over option investments toward the begin of your contributing profession. They are by and large high-hazard/high-remunerate securities that are significantly more unpredictable than plain old stocks and securities. Yes, there is the open door for huge benefits, yet they require some specific information. So in the event that one doesn’t realize what they are doing, you could get yourself into a great deal of inconvenience.

Advantages of Financial Investment

Financial investments are right now the most mainstream investment vehicle and give a few favorable circumstances to speculators, including the accompanying:

Advanced Portfolio Management

one need to pay an administration expense as a major aspect of the expense proportion, which is utilized to employ an expert portfolio supervisor who guides you in purchasing and offering stocks, bonds, and so forth. This is a generally little cost to pay for help in the administration of an investment portfolio.

Dividend Reinvestment

As profits and other premium wage is pronounced for the reserve, it can be utilized to purchase extra offers in the common store, in this manner helping your investment develop.

Risk Reduction (Safety)

A decreased portfolio hazard is accomplished through the utilization of diversification, as most shared assets will put resources into somewhere in the range of 50 to 200 distinct securities – relying upon their core interest. A few record stock common finances claim at least 1,000 individual stock positions.

Convenience and Fair Pricing

Shared assets are normal and simple to purchase. They ordinarily have less or low least investments (some around $2,500) and they are exchanged just once every day at the closing net resource value (NAV). This dispenses with value change for the duration of the day and different arbitrage openings that informal investors hone.

Odds of Good Returns in Short Time

Indeed, even in the past individuals have increased great profits for their securities exchange investments, and they generally have a decent opportunity to acquire enormous benefits when one choose to put resources into securities exchange. In this way, when you put resources into securities exchange India, in spite of the fact that you put yourself at a ton of dangers, you are likewise in a position to acquire great returns in a brief timeframe.

Minority Ownership

All things considered, it sounds like a misrepresentation, yet when one put his/her cash in a rumored organization’s stocks, one moves toward becoming turned into a section proprietor of the organization, regardless of however littler offer they have. One can enhance remaining in the market by placing cash in various organizations. In addition, you can exit at whatever point you need to.

Disadvantages of Financial Investment

However, there are also disadvantages of financial investment, such as the following:

High Expense Ratios and Sales Charges
if you’re not paying attention to mutual fund expense ratios and sales charges; they can get out of hand. Be very careful when investing in funds with expense ratios higher than 1.20%, as they will be considered on the higher cost end. Be wary of 12b-1advertising fees and sales charges in general. There are several good fund companies out there that have no sales charges. Fees reduce overall investment returns.
Management Abuses
churning, turnover and window dressing may happen if your manager is abusing his or her authority. This includes unnecessary trading, excessive replacement and selling the losers prior to quarter-end to fix the books.
Tax Inefficiency
Like it or not, investors do not have any choice when it comes to capital gain payouts in mutual funds. Due to the turnover, redemptions, gains and losses in security holdings throughout the year, investors typically receive distributions from the fund that are an uncontrollable tax event.
Poor Trade Execution
if you place your mutual fund trade anytime before the cut-off time for same-day NAV, you’ll get the same closing price NAV is for buy or sell on the mutual fund. For investors searching for faster execution times, maybe because of short investment horizons, day trading, or timing the market, mutual funds provide a weak execution strategy.
Volatile Investments
Investment in BSE is subjected to many risks since the market is volatile. The shares of a company fluctuate so many times in just a single day. These price fluctuations are unpredictable most of the times and the investor sometimes have to face severe loss due to such uncertainty.
Brokerage Commissions Kill Profit Margin
Every time an investor purchase or sells his shares; he has to pay some amount as a brokerage commission to the broker, which kills the profit margin.
Time Consuming
Investment in NSE is not as easy as investing in a lottery as you have to complete many formalities in the process and hence is time consuming..

Conclusion

Therefore Financial investments are made with the future expectation of making only financial returns in terms of cash flow from the company in which investment is being carried out. The investor relies to a greater extent on the existing management themselves, unlike strategic investors. The term “investment” can be used to refer to any mechanism used for the purpose of generating future income. In the financial sense, this includes the purchase of bonds, stocks or real estate property. Additionally, the constructed building or other facility used to produce goods can be seen as an investment. The production of goods required to produce other goods may also be seen as investing.

There are both pros and cons while investing in financial market but one have to take this risk to invest money in different forms to secure their future.

Cyber Café

Cyber Café or Internet café has been started with the intention to provide internet services and other services to its users. It is the place where you can access the Internet, play games, view your emails, chat with relatives and friends, access videos etc. Cyber Café has become one of the businesses nowadays where you are charged in exchange of the services. These businesses also provide drinks and snacks, so the name “café” is attached in it. These café has several computer stations connected to LAN. There are hotels, resorts and ships which provides internet access to the guests. Our own pc and laptops can be also used by connecting it to cyber cafe’s LAN via wireless connection. Cyber Café’s also gives training to the person who does not know the usage of internet and other activities available there. Cyber Café is also defined under Information Technology Act 2000and rules and regulations are been mentioned under Information Technology Rules 2011.

Steps to be followed for running Cyber Café business in India

Registration of Cyber Café

(1) All cyber cafes shall be registered with a URN (Unique Registration Number) through an agency called as registration agency has been notified by the state Government in this regard. The requirements of registration shall include:

(i) Name of establishment.

(ii) Address with contact details including email address.

(iii) Whether individual or partnership or sole proprietorship or society or company.

(iv) Name of owner.

(v) Date of Incorporation

(vi) Whether registered or not (if yes, copy of registration with Registrar of Firms or Registrar of Companies or Societies).

(vii) Type of service to be provided from cyber café.

Officer is appointed by the registration agency to inspect the registration of the cyber cafe. It is the duty of the director to give each and every details to the registration agency so that the details of the cyber café are been made available on the website of the registration agency. The detailed process of registration that is followed by the state government is also notified by the central government.

Identification of User

(1) The Cyber Cafe should not allow any person to access the services of cyber café without the identity of the user. The user has to produce certain documents before having the access to the services of the cyber café so that proper identification of user is known. Such documents are as follows:

(i) Identity card issued by any School or College.

(ii) Photo Credit Card or debit card issued by a Bank or Post Office.

(iii) Passport or

(iv) Voter Identity Card or

(v) Permanent Account Number (PAN) card issued by Income-Tax Authority or

(vi) Photo Identity Card issued by the employer or any Government Agency or

(vi) Driving License issued by the Appropriate Government or

(vii) Unique Identification (UID) Number issued by the Unique Identification Authority of India (UIDAI).

Log Register

(1) After the identification of the user and any person associated with him has been established as per sub-rule (1) of rule 4, the Cyber Cafe shall register and maintain the required information of each user as well as associated person in the log register for a minimal period of one year.

The Cyber Cafe shall maintain an online version of the log register. This online version of log register shall be checked by using digital signature. The log register should contain details which are as follows:

(i) Name

(ii) Address

(iii) Gender

(iv) Contact Number

(v) Type and detail of identification document

(vi) Date

(vii) Computer terminal identification

(viii) Log in Time

(ix) Log out Time

A monthly report of log register including date wise details and use of computer resource shall be prepared and there shall be submission of hard copy and soft copy to the agency of registration or person as pointed out by the registration agency by the 5^th of every month.

It becomes the responsibility of the cyber café owner for protecting and to keep backups for log records of each access by the user, for at least one year. The backups should include the following:

History of websites accessed by user using computer resource at cyber café.
Logs of proxy server installed at cyber cafe. Cyber Cafe may refer to “Guidelines for auditing and logging – CISG-2008-01” prepared and updated from time to time by Indian Computer Emergency Response Team.

Cyber cafe shall ensure that log register is not changed and it is been maintained in a secure manner for a period of at least one year.

Administration of Physical Layout and PC asset

Partitions of Cubicles put inside the Cyber Cafe, should not surpass four and half feet in range from the floor level.
The screen of all PCs introduced other than in Partitions or Cubicles should be confronted ‘outward’, i.e. they should confront the regular open space of the Cyber Cafe.
Any Cyber Cafe having work areas or segments might not enable minors to utilize any PC asset in desk areas or allotments aside from when they are recognized by their gatekeepers or guardians.
All time checks and servers introduced in the Cyber Café of the PC framework should be coordinated with the IST (Indian Standard Time).
All the PCs in the cyber cafe might be furnished with the monetarily accessible security or separating programming in order to maintain a strategic distance from quite far, access to the sites identifying with erotica including kid smut or disgusting data.
Cyber Cafe should take vital measures to guarantee that their PC asset is not used for any unlawful action.
Cyber Cafe might show on the PC that review the explicit destinations on PC is prohibited and one ought to do nothing which is against the law or illicit.
Cyber Cafe should make essential measures to not permit the client from meddling with the PC framework settings.
Client personality data and log enlist ought to be kept up by cyber bistro in a secure way.
Record of the cyber bistro’s staff might be kept up for 1 year legitimately.
Cyber cafe might not abuse or change the data in the log register.[ Information Technology Rules-2011]

Investigation of Cyber Cafe

Registration organization chooses the officer to check or investigate cyber cafe and the PC asset of system set up in that, whenever to check whether the cyber bistro is working as indicated by the principles specified or not. Inspecting officer have the privilege to check each related registers, reports and any important data to the reviewing officer on demand.[ Information Technology Rules-2011]

Licenses expected to open Cyber Café

Enlistment of business name with state government, if necessary. A DBA (Doing Business As) is required at whatever point you are leading business under a name other than your own. Enrolling a DBA name is commonly done through state government or area agent’s office.
Deals assess permit. This can be acquired from your state Department of Taxation and Finance. You should keep legitimate data on the things sold and their sum and the business charge that was gathered…
Government charge ID number. You should record a different assessment form for your business and along these lines should have an elected duty ID number. You can discover the shape online at www.irs.gov.
Acquire building permits. Check with your neighborhood region for the sorts of grants required. Get a legitimate counselor in the event that you don’t know how to round out the structures—better to pay little expenses in advance and have genuine feelings of serenity than to have costly intricacies down the road.[ http://www.wikihow.com/Set-up-an-Internet-Cafe]

Setting up Hardware parts

Equipment parts:

Chip: 1 GHz 32-bit (x86) or 64-bit (x64) processors will for the most part useful for the PCs. On the other hand, you could pick present day processors (no less than 800 MHz).
Hard plate: Adequate hard circle storage room. Aside from that, there ought to be space for your clients.
Memory: PC ought to have a base 510 MB memory.
Screens: The favored screen sizes are 12-17 inches.
100 Mbps organize card: The system cards give quick Ethernet rates to your top notch review PCs. They aid smooth record sharing, printers, email and advancing Voice over IP (VoIP) as an administration so clients can call their companions or relatives at a far prudent rate.
Video card: The visual experience when taking a gander at pictures, playing diversions or watching recordings is controlled by the video card
Sound card: This is a standout amongst the most critical elements of cyber bistro, sound card is essential for PCs to create better nature of sounds.[ http://ccaoi.in/]

Conclusion

In this way, Cyber Café demonstrates helpful to the individuals who don’t have the web association at home. In India many individuals go to Internet bistro to complete their everyday online exercises. Web cafes, or cybercafés, are spots that give administrations of web and different exercises and consequently clients need to pay them according to the time they have gotten to the administrations. Web cafes can be set up in genuine eating/drinking foundations, voyage ships, or different sorts of areas. Other than utilizing the PC workstation, you may likewise have the capacity to print or sweep reports, contingent upon the Internet cafe. Yet, today the matter of Cyber Café has been declining in light of the fact that individuals get access of web at home, as they have the wide band association at home. Building up the cyber bistro is not a major ordeal, it has less prerequisites as contrast with different organizations however proprietors must be more secure on the grounds that cyber wrongdoing is been expanding in present day world.

INTRODUCTION

The long awaited GST(Goods and Service Tax) Law is ready for a July 1, 2017 launch, this bill will change the whole concept of how the indirect taxes are levied across various sectors. Every business needs to deposit some taxes other than the Income Tax, these some taxes are called as Indirect taxes such as VAT, Excise duty, Service tax etc. From now on these Indirect taxes will be replaced by a whole new tax which is known as GST, this will not only help the businesses but would also help new businesses oftenly called as Startups as well and buyers too, GST will affect them in a positive way as they don’t have to go through that old method of Double Taxation when instead they can pay the taxes at once. This type of Indirect Tax will be levied on the supply of goods and services and like previous Indirect taxes this will be imposed by Centre as well as State by the recommendation of an institution called as GST council. So now we will discuss everything that an entrepreneur running a Software Startup needs to know about GST.

Understanding GST

GST is an Indirect Tax and focuses on removing all kinds of Tax Barriers not just for the businesses but also for the buyers and will thus create a single tax system. Now what exactly is GST has been discussed below by help of an illustration:

Let’s say a person is looking to buy a Parker Pen and the product will go through the 4 step chain of Manufacturer, Wholesaler, Retailer and consumer.

Current Tax System

Firstly the manufacturer incurs the cost of manufacturing which is Rs 50 and 10% is included in it, then adds a profit margin of Rs 50 and sells it to wholesaler at a price of Rs 110(5+5 as tax)

Secondly the wholesaler adds a profit margin of Rs 20 and further 10% as tax and further sells it to the retailer at a price of Rs 143.

Thirdly, the retailer sells it to the final buyer by adding a profit margin of Rs 30 and 10% tax is included which makes the price of the pen at Rs 190.3. now total tax paid is Rs 40.3

GST System

Firstly, the manufacturing cost of the pen is again Rs 50(along with 10% tax) and manufacturer adds profit margin of Rs 50 so 50+50 = 100 and adding 10% to it the result is 110. But Rs 5 tax is already been paid so effective tax needs to be paid by the wholesaler is Rs 5(Rs 10-5).

Secondly, the wholesaler further adds a profit margin of Rs 20 which brings the sale price of the pen to Rs 120 and at 10% rate of tax the amount to be paid is Rs 12 but Rs 10 has already been collected so retailer will pay only Rs 2.

Thirdly, the retailer further adds the profit margin of Rs 30 which brings the sale price to Rs 150 and at 10% rate of tax the tax to be paid is Rs 15 and further the retailer sells the pen to the final buyer which is the consumer at the sale price of Rs 165(150+5+5+2+3).

So the final price of the pen is Rs 165 and the consumer would have to pay Rs 15 as tax which is quite low as compared to the Current Tax System and it has also eliminated the cascading effect.

Registration

As GST will be replacing a lot of Indirect taxes from 1st July 2017 so it is essential for the existing businesses to migrate to GST and as for the newly set up businesses the registration is not mandatory but in some cases it is. Further for existing businesses if the aggregate turnover is above Rs 20 lakhs then it is required to get registered under GST. This limit is Rs 10 lakhs for the businesses being carried out in the North eastern states[1]

Will a Startup be covered under GST?

The good news for the Startups is that it will not come under the ambit of GST, However, there are certain rules regarding it

If the aggregate turnover of your Startup is less than ₹ 20 lakhs, then you have a choice whether you want to register or not. Now the question arises whether you should register for GST or not?
The essentials of Section 24 would also have to satisfy which will be discussed at a later stage.

Whether you should register for GST or not? If yes then what will be the duties?

The ideal answer to this question is Yes because if you are not registered then you cannot legally charge GST on your services and if the customers who are registered under GST and are looking to take services from your Start-up then they would not take services from you as they would like to do it from a business registered under GST. Secondly if the business is registered under GST then you have to fulfil certain obligations and submit the records to the Government. However the business can get registered under GST voluntarily[2].

All your sales are need to be on an invoice which has a specific format and contains description of your goods/services, value, quantity, rate and the amount of tax charged, registration number.

You need to submit the records of all your purchases and sales every month and all the transactions are needed to be uploaded on an online portal called GST Network. And the taxes are needed to be paid as per the calculations.

Procedure For Registration (Section 25)

This provision talks about the basic procedure that has to be followed in order to register under GST, discussed below are the points to be kept in mind while registering under GST:

Every person who has to register under section 22 and 24 has to do so within 30 days from the date on which he is eligible to get registered.
A Person will be granted a single registration in the state or union territory and if there are multiple businesses in the state then a separate registration may be granted.
Although a person always may not be liable to get registered under section 22 and 24 still if the person wants to register he can go ahead and do so voluntarily.
Every person must be having a PAN in order to register.

Process for Migration

Whether the business is active and then the registration is to be sought than the business has to migrate from existing tax system to the GST, so how it can be done here’s a detailed analysis of it:

Firstly, you have to open an account on the GST website and necessary details have to be filled such as PAN, Mobile No, Email ID on the GST Network.

Secondly, The form GST REG 02 is required to be filled and the required documents have to be uploaded which are as follows:

Photograph and details of Promoter, partner and director
Proof of Constitution of Business
Proof of principle place of business
Bank Account details
Details of Goods and services so supplied

Thirdly, once the filling and submission of the form is completed it has to be forwarded to the respective officer who will then examine it and the GST registration will be given if everything is in order. However if there are any deficiencies found in the application then it has to be communicated to the applicant within 3 working days, to which the applicant has to reply within 7 working days by FORM REG04.

Fourthly, the certificate of the registration shall be granted to the applicant through FORM REG 06.

Advantages

Ease of Starting Business

Under the current tax regime starting a business can prove to be quite hectic like obtaining a VAT registration number and complying with various state laws if the business is giving its services in different parts of the countries. This law will bring about transparency and uniformity in starting a business.

Continuous and efficient flow of goods and services

Startup neither have logistics nor funds so they procure goods through Interstate sales on which they are liable to pay Central Sales Tax. GST will also make the flow of goods faster as the time which was wasted earlier in passing through check posts will be saved.

Promoting the New Businesses

As has been discussed above that the new businesses will be given an exemption if the aggregate turnover of the business is less then Rs 20 lakhs then it is not mandatory for the business to pay GST, however there are certain exceptions to this rule which will be discussed later.

Single location Supplier

When the Startup is located at a particular place and is providing the services from that place then the place or location can be registered under GST. And so the taxes can be paid based on whether the recipient is having its location inside the state or outside.

GST Tax Model

Our country will follow a Canadian model or dual model of GST which is Central GST and State GST. Our country being a federal country will follow this model like Brazil, Canada etc. Like the taxes such as VAT collected by the state will take the form of SGST and would still be collected by state and taxes such as CST (Central sales tax) will take the form of CGST. Meanwhile IGST is the combination of CGST as well as SGST and is collected by the CGST. Here is an image which shows us how the GST model is:[3]

Benefits

Reduction in the transaction cost
Reduction in number of taxes from the economy
It will remove the current cascading effect of the taxes.

Compulsory Registration in several cases (Section 24)

There are certain cases where the registration is mandatory even though Section 22 specifies the limit of having an aggregate turnover of above Rs 20 lakhs yet this Section 22 will be undermined and the businesses have to make sure that they don’t fall under the ambit of Section 24 because if they do then the benefits given under Section 22 won’t be enjoyed by the Businesses. Here are few cases where the registration under GST is mandatory.

It includes every person who is supplying services via e-commerce.
Also includes every interstate taxable person who is involved in supply of goods
Persons who are required to pay the taxes under Section 9(5) Central Goods and Services Tax Bill, 2017
Persons who make the taxable supply of goods as an agent or by any other way.
Any other such person as may be notified by the Government onto the recommendations made by the GST Council.
Persons who are required to pay tax under reverse charge, Reverse charge is a charge which the recipient of the goods and services pays in respect of such categories as may be prescribed by the government[4].
Every person which is supplying services in the form of Online Information from outside India to a person in India.

So if your startup comes under any of the points mentioned above then it is mandatory for you to register under GST as you are liable to do so and you need to pay taxes according to the rates fixed by the GST council. Meanwhile the GST Council in its recent meeting fixed the prices of common used goods under the four slabs fixed by itself which are 5%, 12%, 18% and 28%, this means that the taxes will be charged under these four slabs and not outside it, So the highlights of the meeting held on 24th may 2017 as well as meeting held on 3rd June 2017 are as follows:

There shall be no tax on these items: Jute< fresh meat, eggs, natural honey, bread, salt, milk, butter milk, curd, printed newspapers, handlooms etc.
Items such as edible oil, sugar, tea, coffee, apparel below 1000, footwear below 500, skimmed milk powder, branded paneer, frozen vegetables, medicines, kerosene, spices, Railways, AIr transport and Restaurants will attract a tax rate of 5%.
Cheese, Ghee, Packaged dry fruits, namkeen, sewing machines, cell phones, agarbatti, umbrella, fruit juices etc will come under 12% mark. And services such as Non AC hotels, business class air tickets and fertilisers as well under ths category.
Footwear costing more than 500, biscuits, Pasta, cornflakes, Tce cream, sauces, soups, cakes, camera, speakers, monitors, preserved vegetables, mineral water, notebooks, steel products and services such as IT services, Branded garments, AC hotels serving liquor, telecom services will fall here under 18% category.
Pan Masala, paint, deodorants, shaving creams, after shave, shampoo, sunscreen, bidis, chewing gum, water heater, dishwasher, ATM, vending machine, washing machine, automobiles, vacuum cleaner, motorcycles, chocolate not containing cocoa and services such as 5 star hotels, Cinema etc will attract 28% rate of tax.
Gold and other jewellery will be taxes at the rate of 3%.

The best online course which will help you comply with the upcoming GST framework.

CERTIFICATION ON GST (GOODS AND SERVICES TAX) INDIA

Conclusion

Since GST will be active from 1st july 2017 the whole country is waiting for it to be applicable while some are opposing the law specially the opposition parties which are in favour of the negatives of GST, But as has been discussed the major problems such as Cascading Effect of the taxes will be removed and there will be ease of doing business in the country these points hold much more value than the criticism of the opposition parties. The GST move will also curb the problem of corruption and black money as there are persons who don’t report each and every transaction and they save taxes such as VAT, Octroi duty etc. And as there is usage of PAN, Aadhar card required for filing GST returns so it will help the Income Tax departments to track each and every transaction.

Introduction

The concept of politics in India is a rather topsy-turvy one. There are several sects of people, who are a part of politics, for several reasons and motives. From having an unimaginable power to fulfilling personal and religious agendas, the motivational drive for being a part of politics varies from party to party and more importantly, individual to individual.

The fact that India struggles with thousands of illiterate and uneducated voters, is a challenge of its own. It becomes easier for political parties or individuals to make absurd promises and get out of fulfilling these promises in the long run. For example, if a politician promises people below the poverty line, two square meals a day, it more likely than not, that these desperate people would readily vote for the said political party. However, the unethical part comes into the picture when the same politicians revert their statements and sadistically succeed in manipulating and cheating the voters. Due to the lack of education, and resources, these voters are left with no possible choice, but to suffer.

It has been an everlasting tradition in India, for political parties to make promises, in order to lure the voters. This practice, though common in India, is an extremely undesired and unethical one. It is unfair for political parties to manipulate innocent, and often reluctant voters, into voting for their political parties, and in return, give them monetary or materialistic benefits. Moreover, more often than not, political parties have a rather improper way of representing their promises. Let us take a hypothetical example:

Person ‘A’ from Party ‘XYZ’, promises to eradicate poverty from a locality called Neb Sarai in Delhi. Hoping to have a better life, several people from underprivileged families voted for this person. After winning the election, ‘A’ relocated several underprivileged families to a locality that is worse than the previous one.

Such an act of misrepresentation is often seen in India, and ultimately leads to a loss of faith amongst voters, and the toll of voters is significantly reduced. It is now crucial for political parties to step up and fulfil their promises, in order to ensure that voters have faith and confidence in the system of Democracy.

Are political parties legally liable to fulfill their promises?

Before an election, political parties are asked to prepare election manifestos. An election manifesto is a published document, that is a representation of what an individual, group or party aims to achieve or its motives. In most cases, it is a declaration of the political ideologies and the publically established opinion of the said political party. These manifestos are generally published, as well as publicised by those declaring it. Furthermore, Lord Denning, sitting in the House of Lords observed in Bromley London Borough Council Vs. Greater London Council, 1982, that, “A manifesto issued by a political party – in order to get votes – is not to be taken as gospel. It is not to be regarded as a bond, signed, sealed and delivered.” Though there is no legal remedy for broken promises by political parties, this issue has been constantly debated by the Indian Courts.

In 2015, a PIL filed by advocate Mithilesh Kumar Pandey was rejected by a bench of Chief Justice HL Dattu and Justice Amitava Roy, who then questioned the legality behind the idea of making political parties accountable for their political promises. The Supreme Court of India further explained that it was not the court’s job to adjudicate matters of unfulfilled promises at the time of elections, as they are not legally bound to do so. The petition was, therefore, dismissed on the grounds of ‘no merit’. However, more recently in 2017, Chief Justice of India Jagdish Singh Khehar, said that electoral promises routinely remain unfulfilled and political parties must be held accountable for them.

Why should political parties be held accountable for their poll promises

Political parties in India have often been involved in several promises that may be practically impossible to achieve. However, their constant assurance often lead to people believing in such absurd and unattainable promises. Such immoral ways of attaining votes are often extremely cruel and unethical. Such repeated actions often lead to a general distrust amongst people, who eventually stop believing in political ideologies. This often defeats the purpose of an efficient, democratic election, as people are more inclined towards treating elections and election promises as a burden, as opposed to it being a right. To explain this concept, let us take an example:

Year after year, party ‘ABC’ had promised that they would strive to eradicate caste-based violence from the country, thereby leading to them receiving a large number of votes from lower castes. Once elected, the very same party was caught practising caste-ism in a remote village.

It is important to understand that such a situation could lead to two outcomes:

(a) the people would stop having faith in the said party, thereby leading to them changing their preferred party, or,
(b) people losing faith in the entirety of the election system of the country, which would lead to people abstaining from casting their votes. What should be concerning, is that both these situations are distressing people, in some form or another.

It is therefore important for political parties to be accountable for their promises and their actions. Releasing political parties from being accountable for their promises would eventually lead to a disruption of justice, and pave a steady path for incompetence and malified intentions.

Why should political parties not be accountable for their poll promises?

Political scenarios in India are excessively complicated. India constantly battles several important and essential problems, that need urgent and great attention. Political parties often strive to meet the demands of people and provide them with the justice they rightly deserve. However, it is important to understand that whilst parties try to make good of their promises, it often becomes difficult and nearly impossible to fulfil all of these promises. Making a political party legally accountable for all their promises would lead to parties only focusing on one problem at a time, whilst voluntarily choosing to ignore the other problems.

An ignorance of solutions to some problems, whilst preferring to resolve the others may lead to an increase in the inefficient eradication of the untouched problems. Furthermore, legal accountability would often lead to several legal consequences, that may be a burden on the state and central funds, and in extreme scenarios, lead to disastrous decisions.

The idea that political parties should be held accountable for their poll promises may be a good one, but, it isn’t an efficient one.it would eventually lead to ideologically and intellectually guarded decisions and declarations, that would defeat the entire concept of all-round development in India or a particular state.

Is it preferred for political parties to be accountable?

India is a developing country, that needs to grow as a country in a unified manner. Politicians and political parties work for the betterment of our country, and it is essential for people to let them do so. However, making someone unaccountable for their words and promises negatively encourages them to make more unfulfilled and absurd promises. It also leads to lies and deceit.

The current scenario of not holding political parties accountable, or not compelling the ruling parties to fulfil their promises, is reducing the election manifestos into a mere document, filled with rhetorics, that feed gullible and innocent voters. It is indeed, a devious way of gaining political power, and thereby deceiving the very same people who tried giving them a chance by innocently believing in their tactics.

It is, therefore, important for political parties to be made accountable for their promises, and convert, what is a mere morality, into a legal responsibility. Furthermore, such electoral promises should be made legally binding, if not constitutionally binding. A strict legal accountability would lead to a strict sense of obligation on the part of political parties to fulfil their promises.

The High Courts of states and the Supreme Court of India, should strive to create a better situation for the voters, and ensure that India does not appreciate false promises. There must, therefore, be some legislation, that holds political parties or individuals from political parties liable for non-fulfilment of their promises, that they so confidently declare. The people of India, i.e., the voters need to keep a track of political parties who make promises and fail to fulfil them, and it is important for the people to express their discontent in a legal and efficient manner.

One major advantage of holding people accountable for their promises is that it would lead to people being responsible for their actions. It is possible that this would lead to an eventual confidence in the fact that those who would join politics or a particular political party, would actually work for the betterment of the society, rather than those who join politics for perks and privileges. It might also lead to a betterment in the quality of our politicians, and create a path of growth and development, instead of deceit and unfulfilled promises.

Conclusion

Political parties in present times are free to make as many promises as they desire, without any legal obligation to actually fulfil these promises. However, in a democracy like India, it is important for people to be accountable for their promises and not be free of consequence. If the common people of India are liable for their promises in the court of law, why should the people who rule the country, and the people who aim to rule the country, be exempted from such liability?

Introduction

In every democratic country and in federal form of government there is a checks and balance system , Every wing checks the other so that they stay within the frame of law. Nobody is above the law whether he is a police officer or a common man everyone comes under the law. If any person is being harassed by police officer unnecessary, there are legal actions that can taken on him.

Obtaining an effective remedy for complaint against the police has been an arduous, daunting and time consuming.There are total 54,916 complaints reported in the country in the year 2015 according to the National Crime Bureau (Ministry of home affairs) from which only 16,308 inquiry was instituted and Only 5526 case was registered against them, and only 1122 Police personnel sent up for Trial during the year from which the convicted police personnel is only 25.

NCRB Reports that there were 30 deaths in police custody in 2015 and 67 deaths of people who were in Police custody without judicial sanction. Both under the constitutional provisions and statutory law the police only have a maximum of twenty-four hours in which they can keep someone in custody without Magistrate’s order and continued scrutiny.Deaths in police custody are already a major source of concern, and it is shocking that there were even higher numbers of deaths in potential cases of illegal custody by the police

The NCRB statistics reveal the poor quality of police accountability in India. Of the total complaints registered against police officers in 2015, departmental, magisterial and judicial inquiries were instituted in only about 46 per cent of the complaints. Of the total complaints filed against police officers, 51.2 per cent remained uninvestigated because they were discovered to be untrue or were just simply unsubstantiated. As before, there is no explanation regarding the steps that were taken, if any, before it was decided that these complaints were to be disposed. In 2015, 1,122 cases against police officers were sent for trial.Of these, 115 cases, or 10 per cent, were either withdrawn or disposed, while 92 trials were completed. Of these, 67 police personnel, were acquitted, while police personnel,25 were convicted. No explanation is given for the tremendous imbalance in the high rate of acquittal and low rate of conviction of police officers.

This statistics showing that how serious this issue has become and it is growing day by day.

What legal action can be taken by a victim?

There are several remedies available to a victim of police misconduct or abuse.

Any victim of police abuse : Can register a First Information Report(FIR) against the errant officer at any police station;
If his complaint is not accepted (which is most often ) he can send complaint to the District Superintendent of police who will then look into the matter and order the registration of the FIR .
If both these avenue do not produce results the victim can go to the nearest Magistrate and his complaint registered.The Magistrate will then order the police to register the FIR;
The Victim can even send his complaint to the National Human Rights Commission or the state human rights commission if there is one in his or her state.

PCA (Police Complaint Authority)

In 2006, The Supreme Court of India in the case of Prakash Singh & Ors gave a landmark judgement directing all state government and Union government to reform the way police forces functions all over the country. PCA is also a part of the directive to set up a Police Complaint Authority in all the states.

The court directed the setting up of the both state level and district level police complaints authorise so that they would be easily accessible for all. This was ensure that complaints against officers of the rank of Superintendent of Police and above could be made to the state PCA an complaints against officer of and below the rank of Deputy Superintendent of Police could be made to the district level PCA. This was also to ensure that people living all over a state would have easier access to a complaints body without having to travel to the state capital.

The Police Complaints Authority shall inquire into the complaints of serious misconduct against police personnel either `suo motu` or on a complaint received from a victim or any person on his or her behalf.Even complaints by National Human Rights Commission would be taken up by the PGC

This is a redressal mechanism that exists; only that few people know about it. Worse, only 18 states have established PCAs through legislation or government orders: Assam, Arunachal Pradesh, Jharkhand, Meghalaya, Bihar, Chhattisgarh, Goa, Gujarat, Haryana, Himachal Pradesh, Kerala, Maharashtra, Rajasthan, Sikkim, Tripura, Orissa, Punjab and Uttarakhand.

According to the Commonwealth Human Rights Initiative (CHRI), none of the state governments that have set up PCAs have complied with the court’s directive in its entirety. So, most PCAs suffer from a number of deficiencies including reduced powers, limited mandates and inadequate funding. Nevertheless, where they do exist, these PCAs provide an additional recourse for persons affected by police misconduct. Their structure and composition to some extent makes them independent, though not totally so. Moreover, unlike other commissions, they exist solely to look at complaints against the police and have no other mandate.

What can you Complain About?

You can complain any misconduct by any police officer to the PCA. Any Serious misconduct is any act or omission by a police officer that leads to or amounts to:

Death in Police Custody
Grievous hurt while in custody
Rape in Police custody.

If a district PCA exist in your area, You can complain to them like listed below:

Extortion by a police officer
Land/House grabbing by a police officer; and
Any incident involving serious abuse of authority by a police officer.

Who can lodge a complaint?

PCA can enquire any serious misconduct against the police on its own or when it receives complaint from:

A victim or a person complaining on his behalf; this could a friend or a family member.
Any person who has witnessed any misconduct being committed by the police; and
Any other source.

How you can file a complaint?

To file a complaint with the Authority you should contact first PCA for any prescribed format if any.Till now only Odisha have only specific prescribed format.The Person Can put a complaint by any medium like writing and send it by Post or Fax or submit it in person. The complaint should be lodged ASAP after the incident taken. The complaint should be in writing and must include :

Your Name
Your Address
Your Contact details/Phone numbers.

You need to mention

What happened;
When it happened ;
Who you are complaining about, which includes the name and destination of the police officer.
What was said or done;
Whether anyone else was there whilst the incident happened (witnessed) and how to contact them(If you this )
If you were hurt or if anything got damaged

Some important and relevant document that you can attach along with your complaint, which will add more weight to your complaint. These documents can be:

Photographs showing Injuries
Any prior complaints lodged before the police or any other forum and evidence which
shows that no steps have taken on these complaint.
Proof of daily diary entry
Medical report or any certificate issued by a doctor disclosing the nature if injuries;

If you hand deliver your complaint, keep a copy of the complaint and the papers you have submitted , as well as date stamped receipt with you as a record. If you send your complaint by registered post, always ensure to send it by registered post AD. The acknowledgment receives received will give you proof of your application being sent by the Authority.

Conclusion

This Shows that No one is above the law, If any government officials also misuse his power then he have to face the consequences. If after filing a complaint you can’t a getting a fair hearing you can seek a review of the hearing and/or decision by invoking the writ jurisdiction of the High Courts under Article 226 of the Constitution of India. The principles of natural justice include the notion of procedural fairness. Law is same for all citizen of India no one above from them, no one can go beyond the law.

Hi everyone,

When we started with the vision of making law accessible 5 years back, you supported the vision, trusted and believed that law can be used by anyone in their career and life. Even if you didn’t ever take our course, you sent us your encouraging opinion and feedback. That really made a huge difference and enabled us to deliver on our vision. We have been able to create some wonderful products on business laws, anti-sexual harassment, real estate, industrial and labour laws, transfer pricing and a masters course in collaboration with NUJS.

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You can enrol in any number of courses till your credits corresponding to your investment are exhausted over the next two years. After you contribute, we will send you a form on June 20th, when you can choose the courses you want to take up. You can choose those courses or use your credits for future courses that we launch on http://courses.lawsikho.com over the next 2 years. We will keep track of your credits from our side.

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Note: This offer is only valid for 9 more days (June 18), or until the first 300 people invest INR 1000, whichever is earlier. This is a one-time offer only for you, and we will never have this deal again.

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If this is the one action you can take now to make law and justice truly accessible in the country through legal education, would you want to contribute?

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You can take up the courses listed below, which are either currently available on our Lawsikho platform (http://courses.lawsikho.com) or scheduled on our 12 months’ roadmap. Since you can use your credits for 2 years, we will inform you when a new course is launched on http://courses.lawsikho.com, so that you have an opportunity to consider taking that up as well. To participate, make sure you contribute through the link above.

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Certification on GST (Goods and Services Tax) India- (Full Price) Rs. 8,000- (Discounted price) Rs. 5,000. Launch Month: October 2017
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Till when is this offer valid?

This is a one-time offer and is valid till we raise INR 3,00,000 of crowdfunding (first 300 of you if you invest INR 1000) or by June 18th, whichever is earlier.

How will you get access to the courses?

Once you make the payment, you will receive an email from PayUMoney and registration details from Catapooolt. iPleaders team will send you an email with a Google form so that you can choose the courses that you are interested in taking up.

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You have access to each course for a period of 1 year after subscription to that course.

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Thank you

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In this article, Sakshi Garg discusses the legal steps to follow for getting your lost mobile phone back.

How to get your lost mobile phone

In the modern 21^st century where we have travelled such a long journey from those monkeys to two-legged men. In some way this technology has made us lazy and addicted to it. Earlier there were only letters which were used as mean of communication and it took so much time to reach the person then phones reduced the time taken for communicating the people. First instance is we are so addicted to our phones that we keep every secret or every important thing in our phone and this increases the chance of misuse of that data by any one when we mistakenly lose our phone. There is no need to be worried if we have lost our mobile phone because we can track our phone.

if someone stole your mobile phone or any other case what you need to do is

Usually we have smartphones, so people use tracking apps in their phones then you can simply track it with the help of that application. So a person can easily download these apps from Google Play Store or Apple Store. Settings for the same application have to be changed accordingly to track the location of the phone.
If you don’t have any tracking application downloaded then you can use services provided by Google to locate your phone where you can locate your phone if your phone is registered to the Google account and has internet access then with the help of Android Device Manager you can call on your phone and wipe all the data away. But this comes in handy when you don’t have ADM turned on in your phone. For this you have to change the settings of the phone to allow ADM. And with the help of ADM one can only erase the data with remote control.
You can simply use the Google Maps location history to find your phone where all you need to do is that your device must have connected to Google account and has internet access then with change in some settings in your device you can locate it easily.
There are so many phone manufacturing companies which provide facility to track your device when it’s lost so you can easily locate it with its help, such as Samsung provides the facility of Find my Samsung. With the help of these facilities you can easily track your device5) You can also track your phone with the help of IMEI number of your phone. IMEI number is different for every phone but it is not easy to track the phone with IMEI number. One can only track the phone with IMEI number if police assists in the case for this grieved person needs to file a complaint in police station.

First thing first, file a FIR

When we misplace our phone then the fear of its misuse is the biggest stress for every person. The best option for us is to opt for filing a FIR because that is ver easy and the procedure to file a FIR is very easy and ensures the possibility of exemption from any liability arising from the misuse of that phone. To file the FIR the person needs to go to any nearby police station where he last time had his phone with him and tell the police officer, the details of his phone like colour and model of the phone, IMEI number of the phone. If there were any witnesses present at the place where you lost your phone you can mention their names too. Or that person can file the complaint online to where he needs to register IMEI number of his phone online at the Stolen Mobile Database.

While registering your IMEI number online you need to provide your e-mail and active mobile number then you will get an SMS with a code you need to fill that code and some details then you can register your IMEI number. This registration will not lodge a complaint itself but save the phone from resale, or can be used to generate a copy of FIR.

After filing the first information report you should not forget to take the copy of FIR so that you can track the position of the FIR filed by you. Moreover, mobile companies always ask for a copy of FIR filed by you before tracking the location of your phone, in case we need a replacement Sim card of the previous number. You can apply for the replacement Sim Card in the office of your mobile service provider it is very easy process. With the application for replacement Sim card, you need to apply for call barring on your phone. This procedure, sometime take time so you need to do it as soon as possible. You can know the IMEI number of your phone by looking at the back of phone near to the battery area or you can easily find it on the bill of the phone. As per an advisory issued by

As per an advisory issued by center to the states and union territories on 5 Feb 2014, registration of FIR for a stolen mobile phone is compulsory under Section 154 of CrPC.

Here is the sample letter to write to the Police Officer Incharge to file FIR to find your lost phone.

From
abc… (Applicant Name)
xyz …(your contact address)
120012…(your contact mobile number/Phone number)
Abc@your.mail…(your e-mail id.

Date.______

To,
The Police Officer In charge
Address ( Local Police station)

Respected Sir,

Sub. : Loss of my _____________(mention your lost phone and Number)

While travelling from _______(place) to __________(place) by bus/ train/ walk I have lost my phone __________ bearing No.____________ along with (name other documents if any) some where. (If you have any idea or chance of loss at an approximate area, you can mention the same in your application). Sir, to avoid any misuse of my above ___________ I seek your help and request you to kindly register my F.I.R in the subject matter.

For your ready reference I enclose herewith
(a) details of phone, IMEI number of phone ____________
(b) copy of ______________ as I.D proof.

Hope you will do the needful favourably at the earliest.

Thanks and regards
Yours Sincerely

____________(your signature)
____________(your Name)

Laws Relating to Plagiarism

We all know that the stealing of money or any tangible items comes under the purview of crime and are easy to identify but the stealing of ideas, words, expressions, illustrations, tables, figures, thoughts are very much too difficult to identify. This type of stealing are regarded as Plagiarism.

Introduction

The incorporation of someone else’s work into our own work, with or without their consent and presenting it as our own without full acknowledgement is known as “PLAGIARISM”. It may be intentional or unintentional. It is one of the most severe violation of the Academic writing.
The English word “Plagiarism” has been derived from the Latin word “Plagiare” means “to kidnap or abduct”.
To plagiarize means stealing and passing off the ideas or words of another as one’s own. It is a literary theft and can be taken as fraud because it contains both elements i.e., stealing someone else’s work and lying about it afterward.

Different Forms of Plagiarism:-

The Potluck Paper :- The writer use different sources and compile them up to create a new article. Actually only few sentences and paragraphs are changed.
The Photocopy :- Some significant portion are taken exactly without making any alteration.
The Self-Stealer : – It is not considered as wrong or offence in India as the author has right to reproduce his own works as he or she wishes to make changes.
The Ghost Writer : – It is the exact copy of the work of another. All the words are copied accrediting to their own name.

Do Plagiarism amount to Fraud or Cheating?

The copying of another’s ideas without giving credit to the actual owner of the idea is said to be plagiarism. Plagiarism in normal sense considered as unethical issue but not a CRIME.
As someone else’s work or ideas are misrepresented as one’s own work, so it amounts to “Fraud”.
When the act has been done dishonestly it shows the ingredients of “Cheating”.
When a substantial portion of the copyrighted work is copied without the permission and knowledge then it amounts to criminal proceedings.It will amount to both the copyright infringement and the violation of “special right” of the author to be credited.

Do Paraphrasing amounts to Plagiarism?

When Paraphrasing is done, the source of the work must be cited to avoid Plagiarism. Paraphrasing is restating another person’s work in our own way, so the credit must be given to the real owner of the work.
We all know that the works created by other people is rightfully their intellectual property and if we use that work we are bound to acknowledge it. The point that is important here is that the original sources used in a work must be quoted in order to give due credit to the source from where it is taken.
Plagiarism shows the stealing of another person’s intellectual property which includes ideas, inventions, original work of authorship, words, slogans, design, proprietary information, etc.
Students must observe academic codes of ethics to avoid all forms of plagiarism. Merely incorporating the ideas which another writer has expressed without accrediting to that writer constitutes plagiarism.

Bill Gate has also expressed his views on Plagiarism as an “Intellectual Property Theft”. The theft of Intellectual Property with the use of computers and internet is on the rise in contemporary time.

It is done in three ways :-

Stealng with the Web.
Sealing within the Web.
Stealing from the Web

Plagiarism and Copyright Infringement

Plagiarism invites the charges of copyright infringement in most of the cases. But there is a difference between plagiarism and copyright infringement. In plagiarism the use of author’s work is done without giving attribution to him whereas the use of author’s work without the permission where the work is protected by copyright, it is known as copyright infringement. Plagiarism is an act related with moral wrong apart from inviting legal action as the the original author has the moral right to be called the author of the work.

Plagiarism may occur even without the copyright infringement. Copyright infringement will occur only if the work that is copied is protected by copyright but the use of a work without crediting its author would be plagiarism.

Laws concerned with Plagiarism

The right not to be plagiarised is not recognised by any of the statute in India, but the section 57 of the Indian Copyright Act, 1957 gives authors the right to claim authorship of their works among other things.

The section 57 of the Indian Copyright Act,1957 grants to the authors the “special right” to be attributed for their work. It is a moral right and perpetual in nature. The statute recognises the right to attribution analogous to the rights not to be plagiarised.

Section 63 of the Indian Copyright Act, 1957 is considers infringement as the criminal offence and awards the same punishment for both i.e., the violation of section 57 and the copyright infringement.

The convicted infringers are awarded imprisonment that ranges between six months to three years under section 63 of the Act. They have also compensate in monetary terms for the act of infringing.

Section 63 (A) of the same act stipulates an enhanced penalty for second and subsequent convictions.

Civil Wrongs and Criminal Offences

Plagiarism is actually considered as an unethical conduct of a person and not a crime by itself.

The violation of an author’s right to be credited and copyright infringement are both civil wrongs and criminal charges can also be filed against the violator.

In case of a civil suit, the remedies that can be awarded are : injunctions to restrain further infringement, damages, the delivery of accounts of profit and both infringing copies of the work used to make them. Certain administrative actions may also be taken.

A convicted infringer is liable to be imprisoned between six months and three years, and to be fined between fifty thousand and two lakh rupees under section 63 of the Act. The punishment is enhanced for subsequent convictions.

Sometimes College and University rules for student conduct takes Plagiarism as an academic offense and not a legal offense. But this is not the actual case. Plagiarism is not only an academic offence but also a legal one.

Who will be Liable For Plagiarism?

One who is claiming the copyright of the work is liable for Plagiarism. Generally, the Publisher has an exemption clause in the agreement with the Author and says the views are of the Author only, in that case the Author is Liable and the Publisher can claim immunity. In other cases both can be prosecuted.
Plagiarism generally constitutes false claim of authorship regardless of the material protected by copyright. Hence, the Author is responsible for it when it is concerned with academic credit. The Publisher is held liable in the case of Copyright infringement. Generally, the claims of Plagiarism leads to the claim of Copyright Infringement.

Some Misconceptions that Arise

If the language used in any of the article is completely different from the original article then it does not infringe the copyright of the original writer but depending upon the circumstances, the later article may violate the moral right of the author of the original article to be credited for his work.

The exclusive rights to reproduce, adapt,translate and publish their work or to allow others to do so are collectively called “Copyright”. “Self-Plagiarism” is not considered as offence or wrong in under the Indian Copyright Act,1957 as the author who is the owner of the copyright has all the rights for reproduction of the work or to make adaptation to the work.

Indian Judiciary and Plagiarism

The dramatic allegation of plagiarism was made on the Divisional Bench of the Delhi High Court by the Spicy IP blog on December 1, 2015. The Delhi High Court plagiarised thirty three paragraphs of its judgment in Roche V. Cipla case from a law review article written by Swetashree Majumdar and Eashan Ghosh in the Queen Mary Journal of Intellectual Property. The Delhi High Court acknowledged the truth of the plagiarism report in an order passed on th 8th December, 2015 and apologised to the authors. The responsibility of the plagiarism was laid down to an intern who was told to write a precise facts of the case.

“What will happen to the Education System of our Country if the torchbearers who have academic responsibility on their shoulder are indulge in the activities of plagiarism ????”

Deteriorating Condition of Education System due to plagiarism

After a lot of cases arising about plagiarism, the regulator of the higher education i.e., UGC (University Grants Commission) is serious about it and provided guidelines to be followed by the Universities to check plagiarism in academic activities. Puducherry University has taken strict measures against plagiarism and dismissed a faculty member guilty of plagiarism. All these incidents are very unfortunate and disappointing for our current educational standard. Plagiarism is considered as an academic sin by the Universities all over the world.
India does not have any particular statutory body to deal with academic plagiarism and the cases related with plagiarism are often dealt on Ad-Hoc basis depending upon the different situation and nature of the case.In the era of professionalism, one of the important topic that needs attention is “Professional Ethics”. If the world starts to copy one another then the individualism will lose its importance and it will lead to retardation in growth.

Measures Taken or Need to be taken

The Government of India is planning to make strict law to prevent plagiarism in academics. The law will consist provisions from warning to deregistration of students and dismissal of the teacher concerned.

The people working for the socio-economic and cultural development of the society facilitates us with enormous inventions and creations which are making our life better and easier. The need of the hour is to encourage the inventors and the creators. Their work must be rewarded by suitable legal protection through strict laws otherwise the people working behind the scene for the development will be at a loss.

The post Laws relating to Plagiarism in India appeared first on iPleaders.

In this article, Sucharita Ghosh discusses the nature of agreement to enter into while hiring a singer.

INTRODUCTION

Since last month a young entrepreneur of India, Arjun Jain and his startup , white fox India is all over the news for successfully bringing Justin Bieber in India by spending USD 4 million.

Nowadays it becomes a trend to hire singers, comedians and other musicians in the events whether it be college fest or a private event. College, universities and other event organizers are spending huge amount of money to bring celebrity singers to perform live. As they are paying a lumpsum amount of money they also want to ensure that the event must be successful without any hindrance and the singer perform without causing any misconduct. To ensure this beforehand the event organizers are preferring to enter into an agreement with the singer.

So in this article, I am going to discuss about how to make an agreement to hire a singer?

WHY AN AGREEMENT WHILE HIRING A SINGER IS NEEDED

Well, you may think why it is necessary to enter into a legal agreement to hire a singer???

Here, I am describing some situations :

You are a event organizer and hiring a famous singer for a party, the singer confirmed his appearance and you already started selling the tickets and made banners with the name of the artist to attract audience. But after almost all tickets are sold, just 2 days before the event the singer is informing you that he has another events to cover, so won’t be able to come.
If you are a singer, and got a wonderful offer to perform your own composed song in an event .But unfortunately neither you received any credit, nor you have received any payment. So, what action can be taken?
How would you feel if you spent thousand bucks for bringing a top pop singer in an event and without informing anyone the artist did not arrive???

In this above situations what remedies would be available? Would any legal action can be taken against the singer?

Well, the solution to handle these kind of situations is to enter into an agreement with the singer before hiring him/her. In all of the above situation the artist or the organization both can get fair remedy if a proper agreement is there. So a prior agreement would be beneficial for both the organizer and the performer.

In this article I will be discussing some legal points what one needs to include in a contract to hire a singer.

PURPOSE OF HIRING

A singer can be hired for various purposes like

By the organizers of specific events
By a band
By clubs , pub , bar for live singing
By recording studio
Hiring for backup singers
By film producers
For performing in a specific event like wedding, party, religious ceremony, any opening or closing ceremony of some event
Or any agency can hire singers for specific time period to send him/her for performing in the events

Here I am writing about an agreement which you need to make for hiring a singer for events.

WORK FOR HIRE AGREEMENT

While hiring a singer or musician one need to enter into a contract for service agreement (also known as “work for hire” agreement).

A contract of service agreement is an agreement between employer and independent client where an independent contractor, such as a self-employed person or a vendor, is engaged for a fee to carry out an assignment or project. It is a strictly business to business contract between two party on a buyer and supplier basis. Here the organizer is the buyer and the performer is the supplier of service. There is no question of any employment relationship.It is a kind of freelance agreement.

IMPORTANT CLAUSES OF AN AGREEMENT TO HIRE A SINGER

There are various points which are important for an agreement to hire a singer. Following are some points that must be included in a contract of service:

PARTIES DESCRIPTION/ BACKGROUND
DESCRIPTION OF SERVICE
TERMS OF AGREEMENT
PAYMENT
RECORDING, REPRODUCTION OR TRANSMISSION OF PERFORMANCE:
CANCELLATION POLICY
MUSICIAN REPRESENTATION AND WARRANTIES
INDEPENDENT CONTRACTOR
AMENITIES
PROMOTION
GOVERNING LAW AND DISPUTE RESOLUTION
CONFIDENTIALITY
MERCHANDISE
MISCONDUCT OF ARTIST
FORCE MAJEURE
SEVERABILITY
NOTICE
REPRESENTATIVE’S AUTHORITY TO CONTRACT

For hiring a singer to perform in events, one need to make an agreement which includes the following points.

PARTIES DESCRIPTION/BACKGROUND

In the beginning of the agreement the description of the parties between whom the contract is going to be made, should be mentioned with necessary details.

A beginning clause of the agreement may look like this:

“ This agreement, made this _______ day of _____________, 20__, is for the services of singing between the undersigned singer(s) (includes accompanying musicians as described below, hereinafter referred to as “ARTIST”) and the buyer who is to conduct an the event listed below (hereinafter referred to as “BUYER”). ”

DESCRIPTION OF SERVICE

In this clause ,the full description of the service need to be mentioned. Here one can mention the date, timing, details about the other musicians along with the singer,location of the performance etc.

“The BUYER desires to hire ARTIST(s) as an independent contractor for singing purpose.
generally described below (the “Performance”) on the following days and ARTIST(s) agrees to
provide such Performance at said Concert.
__________ day of _____________, 20__, Time:________ Duration: _____
__________ day of _____________, 20__, Time:________ Duration: _____
__________ day of _____________, 20__, Time:________ Duration: _____

Location of Concert: The physical location of the Concert is:_______________________________________________________________”

TERM OF AGREEMENT

In this clause from when the contract will be enforced can be mentioned.

“This agreement will take effect immediately upon execution , and will remain in effect until the services set forth herein have been completed.”

PAYMENT

All the details about the payment need to be predetermined. The payment can be made on the basis of hours of performance, venue of performance. One can mention the mode of payment in the agreement.

“The BUYER agrees to pay ARTIST(s) or his/her agent an aggregate of INR___________ by check immediately after the Performance(s). Check shall be made payable to the MANAGER and upon proper endorsement of said check by MANAGER, BUYER agrees to cash the check for the MANAGER. The MANAGER shall distribute the amount to ARTIST(s) as agreed.”

RECORDING, REPRODUCTION OR TRANSMISSION OF PERFORMANCE

In this clause the restriction on recording the performance must me mentioned. In some events the organizers of the event can restrict everyone from recording the event except written permission. It can be written like this:

“BUYER will use means available to prevent the recording, reproduction or transmission of the Performance without the written permission of BUYER, ARTIST(s) or ARTIST’s representative.”

CANCELLATION POLICY

A cancellation policy is very important part of an agreement which tells about when it is possible to cancel the agreement and what actions can be taken if the singer violate the terms of the cancellation policy suddenly didn’t arrive.

A prior notice must be given to terminate the agreement. The clause can be framed as

“A prior notice shall be given before 14 days of the performance to terminate the agreement. Cancellation of the performance after selling out the tickets shall attract fine from the ARTIST(s). The ARTIST(s) shall reimburse all the losses along with price of the tickets including fine of rupees 50 thousand for harming the reputation of the BUYER and also indemnify all the lawsuit file against the BUYER. If the BUYER cancel the event before less than 10 days of the performance the BUYER shall be liable to pay full amount of payment to the ARTIST(s).”

MUSICIAN REPRESENTATION AND WARRANTIES

In most of the entertainment rights deals, the artist makes the bulk of the representations and warranties.The buyer will require the artist to represent that the material which is original and Non-Infringing i.e the buyer’s use of the material will not infringe the copyrights or other property rights of any person or company, nor be invasive of privacy, or defamatory toward any person. By this clause the artists also takes the warranty to fulfill the clauses what are there in the agreement, independently and without the consent of others, and violation of which can be resulted into legal action. when there’s a breach of warranties, the breaching party is required to Indemnify the non-breaching party.

The clause can be written as:

“ The ARTIST(s) represents and warrants that he/she has obtained all rights, clearances, licenses, or other permissions necessary for the production of the Work, and that the Work does not infringe on the rights of any other person or entity, including any copyright or other intellectual property rights.

ARTIST(s) represent and warrant that they are knowledgeable about the copyright laws of India as applicable to the Performance. ARTIST(s) shall not perform any copyrighted materials of others during Performance without full compliance with such applicable copyright laws. In the event that ARTIST(s) breaches this representation, warranty and covenant, ARTIST(s) hereby agree to INDEMNIFY AND HOLD HARMLESS BUYER and its employees, guests and agents from and against all liability, loss, damages, claims, and expenses (including attorney’s fees) arising out of said breach.

The ARTIST(s) represents and warrants that he/she has the legal ability and standing to execute this Agreement without the consent of any other person or entity.

He/she represents and warrants that it has not granted, nor will it attempt to grant in the future, any other person or entity any rights or interest in the Work or in the copyright in the Work.”

INDEPENDENT CONTRACTOR

By this clause the singer takes the acknowledgement that he/she is not an employee of the buyer, so no right of employer-employee will be applicable. singers are independent contractor and they can control and conduct the performance as they want.

“ARTIST(s) acknowledges that he or she is an independent contractor and not an employee of BUYER. ARTIST(s) shall have sole control and direction in the conduct of the Performance.”

AMENITIES

Under this clause all the amenities are mentioned what is going to be provided by the buyer to the singer(s) at the time of performance. Here the organizer can mention what are the facilities to be given to the singer. Amenities clause can contains the following:

“ Stage: At its sole expense,the BUYER shall furnish the stage, and stage lighting, sound, and power for the Performance, and BUYER shall provide all stagehands required to assist the setup for and takedown after the Performance.
Dressing Rooms: BUYER shall provide ARTIST(s) with 3 private dressing room, which will be clean, calm, and quiet ,well-lit and air-conditioned.
Parking: BUYER shall provide parking spaces for vehicles in a location of close proximity to and with direct access to the backstage area where Performance will take place on the date(s) of Performance. This parking space will be reserved for ARTIST(s) for a period of four (4) hours prior to the Performance and ending four(4) hours following the Performance.
Security: BUYER shall provide security for the backstage and stage areas before, during , and after the Performance. BUYER shall provide security personnel to protect ARTIST(s) and property as deemed appropriate.
Passes BUYER shall provide identification passes to the ARTIST(s) and ARTISTs’ assistants for the backstage and stage where Performance is to be held.
Complimentary Tickets Unless otherwise agreed, Purchaser will allow 2 guests per ARTIST(s), with a maximum of 30 tickets.”

PROMOTION

Promotion is an important part of an event. In this clause all the term relating to promotion can be mentioned. This clause says that organizer can hold to right to promote the singer’s appearance and use the artist’s name, photos and other promotional materials of such artist to make the event popular and attract audience.

The clause may be drafted like this

“ BUYER shall be entitled to advertise and promote the appearance of ARTIST(s) in the event. ARTIST(s) acknowledges that BUYER will rely on the terms in all such promotions and advertising and in the brochures to be printed. ARTIST(s) hereby acknowledges and agrees that BUYER may use ARTIST(s) name, photograph, likeness, facsimile signature and any other promotional materials in all such promotions, advertising or other activities used to increase attendance in the event.”

GOVERNING LAW AND DISPUTE RESOLUTION

This tells about under which law the clauses of the agreement is enforceable and if any legal dispute arises where and how it needs to be settled.

“This agreement shall be governed by the laws enforced in India . Any dispute arising out of this agreement shall be referred to the arbitration according to the law governing in India and shall take place in the same city of the event and a sole arbitrator will be chosen by both the parties in writing and the decision of such arbitrator shall be binding on the BUYER and the singer.”

CONFIDENTIALITY

Like other agreement in a contract for sale agreement with the artist the buyer must mention the confidentiality clause in an agreement where it will be mentioned that no confidential information can be disclosed by the singer . the clause may be framed as follows:

“The ARTIST(s) shall keep all the confidential information absolutely confidential, and prevent its release to the public,as a term of this agreement. The ARTIST(s) shall agree not to disclose , report, use for any purpose, any of the confidential information disclosed to the ARTIST(s) by the BUYER as a result of providing the services,or which he/she has obtained or accessed.”

MERCHANDISE

Merchandise rights are the right to sell the goods featuring the name, likeness, album names, logos of the performer. The buyer can or cannot grant the right of merchandise and that must be clearly mentioned in the contract.A sample merchandise clause can be written as :

“The ARTIST shall have the right to sell Artist-related t-shirts, stickers, posters and recorded a material (“Merchandise”) immediately before and after, and during, the performance. In that event the BUYER will receive 30% (thirty percent) of the gross sales of any merchandise (except recorded material) sold in the event.”

MISCONDUCT OF THE ARTIST

In this clause it is discussed that who will be responsible if the singer caused any misconduct.If the artist caused any misconduct or misappropriate behaviour during the performance the buyer will not be responsible for the same. As there is no employer-employee relationship between two parties no question of vicarious liability will arise.

The clause can be read as

“If any misconduct caused by the ARTIST(s) the BUYER shall not be liable for the same. The ARTIST(s) shall be solely responsible for his/her behaviour and legal action can be taken against him/her.”

FORCE MAJEURE

A Force Majeure clause is a contract provision that allows a party to suspend or terminate the performance of its obligations when certain circumstances beyond their control arise, making performance inadvisable, commercially impracticable, illegal, or impossible.Sometimes there could arise a situation when for some genuine reasons the singer couldn’t perform or the manager couldn’t organize the event.If a singer unable to perform or for any reason the organization who is hiring the singer need to cancel the event, there must be specific grounds mentioned in the agreement when the cancellation should be done. This clause is used to cancel the performance in an emergency.this clause may go on as:

“Neither ARTIST(s) nor the BUYER shall be liable for failure to appear or perform its obligations under this agreement in the event that such failure is caused by or due to the acts or regulations of public authorities, labor difficulties, civil tumult, inclement weather, strike, epidemic, interruption or delay of transportation service, or any other legitimate condition or occurrence beyond their respective control.”

SEVERABILITY

This clause states that if any part of this agreement becomes unenforceable , the whole agreement won’t be invalid, the remainder will remain in force.it can be written as:

If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.

NOTICE

In this clause the manner of sending the notice is specified. Such a clause may be read like:

“Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, to the office address of the BUYER/ ARTIST as the case may be.”

REPRESENTATIVE’S AUTHORITY TO CONTRACT

This clause specifies that who signs on behalf of the singer has the authority to do so and that her/his signature binds the singer to the terms in the contract.

The clause can read as:

“ By signing this document, the representative and/or agent of the ARTIST hereby represent that such person is duly authorized and that the ARTIST agrees to be bound by the provisions of this Agreement. It is expressly understood and agreed that in acting hereunder solely in the capacity of representative or agent of the ARTIST,the said person is not a party to this contract and shall not be liable or responsible in any way for the omissions of ARTIST , nor for any failure by ARTIST to adequately perform or comply with any term or condition hereof.”

After mentioning all the clauses, the agreement must be signed by both the parties.

These are the main important clauses which are to be mentioned in the contract for hiring a singer.

Reference:

https://www.documatica-forms.com/Samples/SERVAG_Sample.pdf

http://musicoffice.com/LegalLibrary/PDF/Booking_SpecialEvent_Festival.pdf

https://vlaa.org/wp-content/uploads/2015/05/Sample-Performance-Agreement.pdf

https://www.docracy.com/8209/musician-work-for-hire-agreement

http://www.mom.gov.sg/employment-practices/contract-of-service

The post What kind of agreement to enter into while hiring a singer appeared first on iPleaders.

In this article, Sucharita Ghosh discusses How NBFC can take foreign loans or foreign investments?

INTRODUCTION

Over the years after the liberalization of the Indian economy in 1991, India witnessed a significant interest of foreign investors in the Indian NBFC sectors. In 2015-16, foreign direct investment in India grew by 29 percent year on year to USD 40 billion.

Before discussing the guidelines for taking foreign loans by NBFC, we need to get a brief idea about NBFC.

WHAT IS NBFC?

A Non-Banking Financial Company (NBFC) is a company engaged in the business of loans and advances, acquisition of shares, stock, bonds hire-purchase, insurance business or chit business but does not include any institution whose principal business includes agriculture, industrial activity or the sale, purchase or construction of immovable property.

Example: Bajaj Finance, LIC housing Finance, Indiabulls, Aditya Birla Finance etc are the most popular non-banking financial companies in India.

BANK VS NBFCs

Though bank and non-banking financial companies both are financial institutions and both performs similar kind of functions but there seems to be some basic differences between the two.

NBFC cannot accept demand deposits like banks.
It does not form part of the payment and settlement system and cannot issue cheques drawn on itself.
Deposit insurance facility of Deposit insurance and credit guarantee corporation is not available in NBFC.
The liabilities or deposits of the banks are widely accepted as a means of payment in the settlement of debt but the liabilities of NBFCs are not accepted as means of payment for settlement of debt.

WHY TAKE FOREIGN LOANS

In India, the interest rates are high in comparison to the rest of the world. Thus taking loans from other countries which have lower interest rates are very beneficial for an Indian company. An NBFC also prefer foreign investment over Indian investment because foreign investors may be able to invest much more money compared to an Indian resource.

On the other hand foreign investors are also attracted to Indian companies in various stages of growth for various reasons like this country has growing customer base and foreign capital can witness more growth in an emerging economy like India as compared to saturated western markets which offer limited growth opportunities.

LAW GOVERNING THE FOREIGN LOANS AND FOREIGN INVESTMENTS IN NBFC

All the provisions regarding foreign exchange in and are regulated by the FEMA,2000 and the working and operations of NBFCs are regulated by the Reserve Bank of India within the framework of the RBI Regulation Act 1934 and the directions issued by it.FDI in NBFCs has been allowed up to 100% since 1997 subject to the minimum capitalization norms as issued by the Government.

The Foreign Exchange Management Act,1999 and Foreign Exchange Management (Borrowing and Lending in Foreign Exchange) Regulation,2000 and the RBI regulations governs the provisions relating to foreign loans.

FOREIGN LOANS AND NBFC

Loans from foreign institutions are called external commercial borrowings or ECB. The foreign loans could be taken from foreign banks or foreign financial institutions.

One can also take ECB in the form of bonds, preference shares and debenture. A loan from a foreign shareholder who owns at least 25% of the shares of the borrower company will also come under the ambit of ECB.

However, not every sector of business can avail foreign loans. The RBI allows ECBs to be obtained only some specific sectors after fulfilling all the necessary requirements. To obtain foreign loans in a Non-banking financial company it only requires to comply with the procedural requirements. There is no need of approval of RBI while availing the loans.

MODES OF BRINGING FOREIGN INVESTMENTS

A non banking financial company can bring their foreign investment not only in liquid currency but also in some other ways like exchange of shares, conversion of loans to share, exchange of some skill sets etc.

MATURITY PERIOD AND INTEREST

In Foreign Exchange Management Regulation there are certain rules and restriction mentioned about the external commercial borrowing. There is specific rules one need to follow about the maturity period and the amount of interest to be paid.

The cost of an ECB includes the interest charged by the bank, other fees and expenses paid in foreign loans. It must be within the limit which is measured with respect to a reference rate called the LIBOR or London Interbank Offered Rate.

For a loan whose average maturity period is 3-5 years, its interest would be 3.5% over six months the LIBOR and for the loan which will be matured after more than 5 years its interest ceiling would be plus 5% over the six month LIBOR.

PROCEDURE OF TAKING FOREIGN LOANS

For taking the foreign loans under the automatic route the NBFCs are required to submit Form 83 to the Authorized Dealer bank to obtain the LRN number. The LRN number or Loan Registration Number must be certified by a company secretary or chartered accountant.

Then the AD bank must forward a copy of the form 83 to the department of statistics and Information Management of RBI. The loan can be only be taken after the allotment of the LRN number.

CONVERSION OF LOANS INTO EQUITY

When a non-banking financial company is unable to repay its loans, it can convert some or all of its debts into equity after taking the consent of the lender. Provided that, when a company wants to convert the loan into equity it must ensure that the shares are issued under the FEMA pricing guidelines.

CONSEQUENCES OF VIOLATION OF ECB REGULATIONS

According to the section 15 of the Foreign Exchange Management Act, if anyone contravenes the provisions of the ECB regulation he will get punishment up to thrice of the amount involved. Moreover, the corporate entities who violated the ECB policy are under investigation by RBI can only avail foreign loans under the approval route. When the violation is a continuous one in nature, an additional penalty of INR 5000 will be payable per day.

When the violation is unintended, it can be rectified by compounding with RBI, which may help in getting much lower penalty.

Extant FDI Policy for NBFC

As per the extant FDI policy, foreign investment in NBFC sector is permitted under the automatic route. An automatic route is one where no Foreign Investment Promotion Board or RBI approval is needed before making the proposed investment. In automatic route up to 100% foreign investment is permitted without the approval of foreign investment promotion board.

Under section 10 of FEMA all foreign transactions are required to routed only through entities licensed by the RBI.

Till very recently As per the extant FDI policy, foreign investment was permitted under automatic route only in the following 18 prescribed non-banking financial service activities. These are

Merchant Banking
Underwriting
Portfolio Management Services
Stock Broking
Asset Management
Venture Capital
Custodian Services
Factoring
Leasing & Finance
Housing Finance
Credit Card Business
Micro Credit
Rural Credit

Non-fund based activities

Investment Advisory Services
Financial Consultancy
Forex Broking
Credit Rating Agencies
Money Changing Business

Foreign investment in non-banking sectors are permitted under the automatic route in these specified activities subject to compliance with the minimum capitalization norms. Once an NBFC is established with the requisite capital under the Foreign Exchange Management Regulation, subsequent diversification either through the existing company or through downstream NBFCs could be undertaken without any further authorization.

These investments were subject to the following minimum capitalization norms:

US $0.5 million for foreign capital up to 51% to be brought upfront.
US $5 million for foreign capital more than 51% and up to 75% to be brought upfront.
50 million for foreign capital more than 75% out of which $7.5 million to be brought upfront and the balance in 24 months.
The NBFCs having foreign investment more than 75% and up to 100%, and with a minimum capitalization of $50 million, can set up step down subsidiaries for specific NBFC activities, without any restriction on the number of operating subsidiaries and without bringing in additional capital.
Joint Venture operating NBFCs that have 75% or less than 75% foreign investment can also set up subsidiaries for undertaking other NBFC activities, subject to the subsidiaries also complying with the applicable minimum capitalization norm mentioned above.
Non- Fund based activities: US $0.5 million to be brought upfront for all permitted non fund based NBFCs irrespective of the level of foreign investment.

But it is subject to certain conditions. It would not be permissible for such a company to set up any subsidiary for any other activity, nor it can be participate in any equity of an NBFC holding company.

All of the above capitalization norms also apply to each downstream subsidiary engaging in NBFC activities, except where its parent entity already has more than 75% foreign investment.

Further, if the activity being carried out was ‘non-fund based’ then irrespective of the level of foreign investment, capitalization was capped at USD 500,000.

NEW FDI POLICY AND THE RECENT CHANGES

The government has bought various guidelines and changes for investment in the NBFC Sector.

On 10th August 2016, the Government of India, in order to boost up the economic activities in financial sectors, has approved some changes pertaining to the FDI requirements in the Non Banking Financial Companies.

The Reserve Bank of India on 9 September 2016 released a notification amending the Foreign Exchange Management (Transfer and Issue of Securities to Persons Resident Outside India) Regulations, 2000, as a measure to make the foreign investments in the ‘non-banking financial services’ sector easier. This Notification operationalizes the policy which was announced on 10 August 2016. The two key relaxations which have been introduced by this Notification are:

100% FDI through the automatic route is now permitted in “Other Financial Services” beyond the 18 specified activities. Provided the activities are regulated by financial sector regulators such as RBI, SEBI, Pension Fund Regulatory Authority of India (IRDA) etc.
any form of additional capitalization norms linked to foreign ownership under the FDI Policy has been removed, and thereby the capitalization norms has been aligned with those prescribed by the relevant regulators regulating these activities.the minimum capitalization norms as required under the FDI policy have been eliminated as most of the regulators have already fixed minimum capitalization norms. The foreign investment in NBFCs which are not regulated by any financial sector regulators i.e Unregulated NBFCs will require prior government approval.

These recent changes of doing away with the minimum capitalization norms is a boon since it will spur economic growth by increasing FDI in the NBFC sector. Increasing FDI will be beneficial for the business due to the relatively easier and faster sanction of loans with favorable interest rates. This is certainly a welcome move, and is expected to provide a much-needed boost to this sector.

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In this article, Twinkle Jaiswal discusses whether a wife can file a rape case against husband or not?

Introduction

A wife cannot file a rape case against her husband directly. However, alternative remedies are available to the wife under Protection of Wife under Domestic Violence Act,2005. Marital rape is one of the acts of sexual intercourse with one’s spouse without consent. It is a form of intercourse with one’s spouse without consent. It is a form of domestic violence and sexual abuse. Marital rape in India has become a common issue affected by many legal and cultural factors. In India, marital rape is not criminalized, and culturally it is accepted as a norm of marriage. Statistics shows that incident of rape within marriage is increasing in India. Not only in India this concept is same in England also. During the 1600s in England, Justice Sir Matthew Hale wrote; The husband cannot be guilty of a rape committed by himself upon his lawful wife, for by their mutual matrimonial consent and contract, the wife had given herself in kind into ‘the husband’ whom she cannot retract.

Marital Rape and the Indian Legal Scenario.

Section 375 of the Indian Penal Code defines Rape and in the exception clause, it is provided that “ Sexual Intercourse by a man with his own wife, the wife who is above fifteen years of age, is not rape. Section 376 of IPC which provides punishment for rape, states that rapist should be punished with imprisonment of either description for a term which shall not be less than 7 years and may extend to life or a term exceeding 10 years and shall also be liable to fine unless the woman raped is his own wife and is not under 12 years of age, in which case, he shall be punished with imprisonment of either description for a term which may extend to 2 years with fine or with both.

This section dealing with rape, in a very narrow purview, which lays that, an offense of rape within marital bonds only stands if the wife is below the age of 16, once the age is completed there is no legal protection provided to the wife under this section. However the legal age of marriage is 18 but the law on rape only provides punishment to the husband, if the wife is below the prescribed age. These two laws are inconsistent with each other.

The role of wife has traditionally been understood as submissive, docile and that of a homemaker. A marriage is a bond of trust and that of affection, there is no place for sex without consent.

The 72nd Law Commission Report had made the following recommendations for substantial change in the law with regard to rape.

‘Rape’ should be replaced by the term ‘sexual assault’.
All forms of penetration such as penile/vaginal, penile/oral, finger/vaginal, finger/anal and object/vaginal as sexual intercourse must be included in Section 375 of IPC.
In the light of Sakshi v. Union of India and Others [2004 (5) SCC 518], ‘sexual assault on any part of the body should be construed as rape.
A new offense, namely section 376E with the title ‘unlawful sexual conduct’ should be created.
Section 509 of the IPC needs an amendment, providing higher punishment where the offense set out in the said section is committed with sexual intent.
Marital rape, explanation (2) of section 375 of IPC should be deleted. Just as any physical violence by a husband against the wife, forced sexual intercourse must be treated equally as an offense is treated as an offense. On the same reasoning, section 376 A was to be deleted.
When alleged that a victim consented to the sexual act and it is denied, the court shall presume it to be so, under Indian Evidence Act.

Despite all efforts, still, in India marital rape is not considered. There is a great irony that a woman can protect her right to life and liberty, but not her body, within her marriage.

Marital Rape Statistics.

Every 6 hours, a young married woman is burnt or beaten to death or driven to suicide by emotional abuse by the husband. The U.N population fund states that more than 2/3rd of a married woman in India, aged between 15 to 49 are beaten, raped or forced to provide sex. In 2005, 6787 cases were recorded of women murdered by their husband or their husband’s families. The studies indicate that between 10 and 14% of married woman who is the most susceptible targets who attempt to flee.

Alternative Remedies Available.

It is sad that in India there is a lack of provisions regarding marital rape. However, a woman can save herself from physical torture or sexual harassment. As per definition is given in Section 375 of the IPC husband cannot be legally punished for having forceful sex with his wife but to save the wife the law provides alternative remedies. The PWDAV 2005, provides that, any act causing harm or injury to the health, safety, and life of the aggrieved person or tend to do so and also causing physical abuse, sexual abuse, verbal and emotional abuse, will constitute Domestic Violence.

The term ‘sexual abuse’ includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of a woman.

Under this, a woman can get a protection order, Right to reside in a shared household or residence order. This also means that husband has to make separate arrangments for her wife upon her complaint on her husband.Under this Act, the Magistrate can pass an order directing the accused to pay compensation and damages to the victim. Section 498-A of the dealing with cruelty can also be used by the women to protect themselves against “perverse sexual conduct” by the husband.

Legal Action when the husband forces his wife for unnatural sex.

A wife can file a case against her husband for an unnatural sexual offense under Section 377 of IPC. As this section prohibits sexual intercourse against the order of nature irrespective of the sexual orientation or gender identity of the individuals, thus even if such acts are done by heterosexual couples, they can be punished under section 377, even if the victim consented to the act, the offender under this section will be punished.

Legal Position of Marital Rape outside India.

International women’s and children’s organization had criticized the narrow definition of the rape provided in Section 375 of IPC, they insisted that oral sex, sodomy, and penetration by foreign objects must be included within the meaning of Rape. Even International Law now says that rape may be accepted as the “ sexual penetration”, not just penile penetration, but it includes threatening, forceful, coercive use of force against the victim, or the penetration by any object, however slight.

In England, earlier as a general rule, a man could not have been held to be guilty as a principal of rape upon his wife, because sexual intercourse is a part of the contract of marriage. However, the marital rape exemption was abolished in its entirety in 1991. The House of Lords held in R. v. R. that the rule that a husband could not be guilty of raping his wife if he forced her to have sexual intercourse against her will was an old concept, which no longer represented the position of a wife in present-day society as it is too much different from that time. The corresponding amendment to the statutory law was made through Section 147 of the Criminal Justice and Public Order Act, 1994. This judgment was also affirmed by the European Court of Human Rights in the decision of SW v. UK.

Marital rape explicitly in the definition of violence against women under Article 2 of the Declaration of the Elimination of Violence against women. In 18 American States, 3 Australian States, New Zealand, Canada, Israel, France, Sweden, Denmark, Norway, Soviet, Poland, and Czechoslovakia, marital rape is illegal. The importance of consent for every individual decision cannot be overemphasized. However, it is legal in many countries including Afganistan, Algeria, Bangladesh, Botswana, Brunie, and China.

Organizations working for empowering women against marital rape.

American Bar Association on Domestic and Sexual Violence- This organization provides access to justice for a survivor of Domestic Violence and sexual assault. They engage a group of people who are related to the legal profession.
Equality Now- This organization works with grassroots organization and activists. They seek tp protect and promote the Human Rights of Girls and women all across the world.
SNEHA- NGO’s such as SNEHA works for the betterment of women and children. SNEHA’s Prevention of Violence against Women and Children program responds to and prevents gender-based violence in the urban areas. SNEHA provides counseling services at free of cost. They assist in filing F.I.R. They help to connect with specialized services like psychiatrists, clinical psychiatrists, shelters, homes, as per the need.
National Centre On Domestic and Sexual Violence is a training organization, which works to influence national policy and provides customized training and consultation to professionals working in this fields.
Sayfty-: an Indian woman is raped every 20 minutes, and approximately one in ten rapes are committed against women under the age of 18. Because laws against rape in India do not provide women with nearly enough protection, the organization Sayfty emerged to equip women with tools that help keep them safe from acts of sexual violence and educate women in matters of self-defense. While the idea is that women would be free from the threat of physical violence without having to live in fear, organizations like Sayfty help to empower Indian women by equipping them with knowledge and tools that will help to keep them safe.

Judicial Decision given by Supreme Court on Marital Rape.

Attempts were made in order to criminalize marital rape in India but on the different ground declined the plea. Justice Verma Committee, after the Delhi Rape case 2012, heeded the demand to criminalize marital rape. The Indian Government, however, chose to turn away from it as it has the potential to destroy the institution of marriage.

The Supreme Court, in the State of Maharashtra vs. Madhukar Narayan Mandikar, has referred to the right of privacy over one’s body. What is sad here is to observe how the court has conveniently put wife out and has yet not given her privacy over her own body whereas women who have been subjected to rape by a stranger have that right as rape is criminalized but not marital rape, a great irony on Indian Judicial System. In this case, it was decided that a prostitute had the right to refuse sexual intercourse if she was unwilling.

In Tilak Raj v State of Himachal Pradesh, Justice T.S Thakur, and Gopala Gowda made the observation that the consent of sexual intercourse was not obtained under any misconception of marriage, as in the cross-examination it was observed that they were in a relationship and acquitted the accused.

Conclusion.

Indian society is patriarchal one, with a large preference placed on sons over daughters, it is the duty of the wife to keep their husband happily, in doing so she cannot deny sex. It is a great irony that a woman can protect her right to life and liberty but not her body. It is a fact that women who are raped by their husbands are more likely to experience multiple assaults and they also suffer long-term physical and emotional problems. In this context, marital rape is even more traumatic for a woman because she has to stay with her assailant every day. In this context, we can say that women are not safe even in their own home.

In 2012, it was ruled that if a woman denied her husband sex it was a form of abuse. The ruling was later upheld by the Supreme Court as well, saying that being denied sex is a valid reason for divorce, by denying sex, she is also denying him happiness. In 2015, a woman came forward about having being raped by her husband. The woman approached the Supreme Court, but her petition was dismissed, the court held that the new law could not be changed on the basis of one’s person experience. India needs strict laws regarding marital rape to protect the rights of a married woman, providing her right to file a case against her husband for marital rape.

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In this article, Shubham Singh, of KIIT School of Law, Bhubaneswar does An Analysis of Liquor Laws in India

India is one of the world’s fastest growing alcohol beverages consumption market. And presently world’s 3rd largest market of liquor. The tariffs and taxes on liquor are high in India. Liquor prices in India are comparatively higher than 95% of the other countries in the world. A normal liquor consumer in India has to pays 5-6 times more than the manufacturing cost.

The Consumption of alcoholic beverages has been dated back even before the British Colonization. The central and state levels both have formed several restrictive policies regarding safety issues related to drinking. But, these policies have often proved to be affecting in a negative way. These rules aiming for safety lead to black market exchange, corruption, hike in prices and also more public health concerns because of the cheap and extremely poor quality substitute products.

There are two types of liquor available in Indian market

Indian Made Foreign Liquor (IMFL): It includes ‘Hard’ liquor. It is incorporated by importing raw materials or borrowing the concept from foreign liquor brands.
Imported Foreign Liquor (IFL): The liquor which is produced outside India and later imported to India are grouped under this type. Mostly IFL is consumed by rich and upper middle-class people or international travellers.

Liquor shop or bar license in India

Any person who wants to sell liquor has to take permission from their respective state government. One also needs permission for selling and consumption of liquor at a public place or social gathering or wedding. All state government has laid down certain rules and conditions for selling of hard drink which must be fulfilled. The Excise department of each state grants different licenses for different types of liquor shops. Tenders or applications are invited from time to time. Notices in leading newspapers and on state governments official websites are issued by state governments as per their requirement.

Different types of license

There are several different types of licenses which are issued by every state government. It is necessary for a company or an individual to get the grant of following licenses and for said purposes:

L-1 License

This license is granted by the state government to a company or to a society or a partnership or proprietorship firm that is running a licensed manufacturing unit/s.

L-3 License

For granting this license state government issues tenders and it is granted to working distilleries or bottling plants which must be licensed by either Central or State government.

L-6 license

This license is granted by the sate government only for selected undertakings to retail vend of Indian liquor or beer.

L-9 license (Earlier L-52D)

The state government for the purpose of retail sale of liquor of foreign brands only grant this license. Only those who already have the L-1 license can apply for this license.

L-10 license

State government grants this license especially for the purpose of retail sale of various Indian and foreign brands only.

P-13 license

The state government grants this license to those hotels or restaurants or clubs that are duly licensed giving them permission to serve foreign liquor inside or outside their licensed premises for hosting a function only on a specific day, on a temporary basis.

P-10 license

This license can be provided by the state government for serving liquor in any function at specific premises anywhere in the city, but public parks are excluded from it.

Other

Other than licenses mentioned above there are more licenses that are granted or issued for different reasons: L-11, L-12, L-15, L-16, L-17, L-18, L-19, L-20, L-21, L-28, L-29, L-30.

What is the legal age for liquor consumption in India

As, per the seventh schedule of Constitution of India, liquor or alcohol comes under State List. Therefore, the law regarding liquor varies from state to state. Legal drinking age is Included in it. The consumption age and also purchasing age of liquor is different in different states. Places where liquor can be sold, are also defined in it, and it differs from state to state. There are some states in which purchase and consumption of liquor are prohibited in a strict manner.

States having minimum drinking age- 18

Andaman Nicobar Island [Andaman and Nicobar Islands Excise Regulation, 2012 Section 24 Excise Policy Rule 14]
Mizoram [Mizoram Liquor (Prohibition and Control) Bill 2014 Section 58]
Himachal Pradesh [The Himachal Pradesh Liquor License Rules, 1986 Rule-16]
Puducherry [The Pondicherry Excise Act, 1970 Section 35]
Rajasthan [Rajasthan Excise Act, 1950 Section 22]
Sikkim [The Sikkim Home Guards Bill, 1992 Bill No. 1 of 19920 Section 20]
Kerala [Abkary Act, (1 of 1992) Section 20]

States having minimum drinking age- 21

Andhra Pradesh [The Andhra Pradesh (Regulation of Wholesale Trade and Distribution and Retail Trade in Indian Liquor; Foreign Liquor; Wine and Beer) Act, 1993]
Arunachal Pradesh [The Arunachal Pradesh Excise Act, 1993 Section 42]
Assam [Rule 241 and 5.10 of the Assam Excise Act, 1993 Section 42]
Chhattisgarh [The Chhattisgarh Excise Act, 1915 Section 23]
Jammu and Kashmir [Jammu and Kashmir Excise Act, 1958 Section- 50B Jammu and Kashmir Liquor License and Sales Rules, 1984 Rule 11]
Jharkhand [The Bihar and Orissa Excise Act, 1915 Section 54]
Dadra and Nagar Haveli [The Dadra And Nagar Haveli Excise Regulation, 2012 Section 24]
Daman and Diu [The Goa, Daman and Diu Excise Duty Act And Rules, 1964 Section 19]
Karnataka [Karnataka Excise Department, 1967]
Goa [The Goa Excise Duty Act and Rules, 1964 Section 19]
Madhya Pradesh [The Madhya Pradesh Excise Act, 1915 Section 23]
Odisha [The Odisha Excise Act, 2005 Section 61]
Tamil Nadu [Tamil Nadu Liquor (License and Permit) Rules, 1981 Section 25 Rule XV]
Telangana [Andhra Pradesh Excise Act, 1968 Section 36]
Tripura [The Tripura Excise Act, 1987 Section 53]
Uttar Pradesh [United Provinces Excise Act, 1910 Section 2]
Uttrakhand [United Province Excise Act, 1910 The Uttaranchal (The Uttar Pradesh Excise Act, 1910) Section 2]
West Bengal [Bengal Excise Act, 1909 Section 51]

States having minimum drinking age- 25

Chandigarh [Punjab Excise Act, 1915 Section 23]
Delhi [Delhi Excise Act, 2010 Section 23 Delhi Liquor License Rules, 1976]
Haryana [Punjab Excise Act, 1914 Section 29]
Meghalaya [Eastern Bengal And Assam Act, 1910]
Punjab [Punjab Excise Act, 1914 Section 29]

States where liquor has been declared illegal

These are “DRY STATE” in which the sale of liquor in any form has been banned and declared illegal for any person living in the state.

Bihar [Bihar Excise (Amendment) Bill, 2016 Section 19(4)]
Gujarat [Bombay Prohibition (Gujarat Amendment) Bill, 2009]
Manipur [The Manipur Liquor Prohibition Act of 1991]
Lakshadweep [Bombay Prohibition (Gujarat Amendment) Bill, 2009]
Nagaland [Nagaland Liquor Total Prohibition Act, 1989]

Liquor laws of Maharashtra

In Maharashtra, a person must have attained an age of 18 years for consumption of wine, and for a beer, the legal age is 21 years, for liquors the age has been set to 25 years. For those people who are living in Wardha district or visiting there, the authentic age has been set to 30 years.

Liquor Laws in Bihar

In Bihar, liquor has been banned by Chief Minister of the State, Nitish Kumar from 4th April 2016.

DRY Days:

Few days are declared by Government of India as dry days. Dry days are those days on which regardless of any state liquor is totally banned. Some specific days are:

26 January (Republic Day)
15 August (Independence Day)
2 October (Gandhi Jayanti)
During Election Period
Few other celebrations or functions (it varies from state to state)

Judgment by Supreme Court of India in the case, State of Tamil Nadu Rep. By Its Secretary Home, Prohibition & Excise Dept. & Ors v K.Balu

The Supreme Court of India has ordered that from 1st of April 2017 there would be a ban on the sale of liquor within a distance of 500 meters from any national or state highways. The apex court modified its order stating an exemption within 220 meters of any highway for small towns or municipalities where the population of people will be less than 20,000. In the order, the Honorable Court has clearly stated that any hotel, bar or pubs serving alcohol will be included in the ban. The Supreme Court bench headed by CJI Thakur, Justices D.Y. Chandrachud and L. Nageswara Rao, has said.

Why was the ban ordered?

The order of ban of liquor near national and state highway by the apex court is focused on tackling the rising risk of drunk driving as well as a step for improving road safety conditions in India. The Honorable Court has stated that there are “alarming” statistics showing drunk driving-related accidents and deaths, and said the order is passed in “overwhelming public interest”.

This order was passed by Supreme Court following a Public Interest Litigation (PIL) which was filed by, Harman Sidhu, an activist based in Chandigarh who has fought for strict laws for road safety in India. After meeting with an accident Sidhu was paralyzed neck-down when he was 26 years old.

Implementation of the liquor laws in India

There is a strict ban implemented on the sale, purchase, and consumption of alcohol in 5 states of India. In Constitution of India, Article 47 it has been clearly mentioned that “The State shall endeavour to bring about a prohibition of the consumption except for medicinal purpose of intoxicating drinks and of drugs which are injurious to health.” It is noted that legal drinking age of different state differs between 18 years to 25 years. But in the real case, it can be also be seen that children and teenagers of age group 9 to 19 years are involved in this practice.

This act of taking of liquor is not only limited to rich societies but it also exists in the middle class and also among the poverty stricken youth at a higher scale. The reason behind this is that liquor is easily available and poor application of the law, etc.

Laws regarding drunk driving

As per M.V Act, the Blood Alcohol Content (BAC) has been fixed at 0.03% i.e., 30mg per 100ml of blood. If someone BAC value will be more than 0.03%, then he or she will be booked for the first offence, which may amount to a fine of Rs. 2000 and/or a jail term of up to six months. If a Second offence is committed within 3 years of the first offence then the penalty would be a fine of Rs. 3000 and a maximum of 2 years of imprisonment. The union cabinet has proposed changes to Motor Vehicle Act, recognizing penalties as per BAC. According to the new provisions, if a person having BAC of less than 0.03% or 30mg, would not face any penalty. If the BAC level of a person is between 30mg to 60 mg, the penalty would be imprisonment up to 6 months and/or fine of Rs. 2000. If the BAC is between 60-150 mg, he/she would face imprisonment up to one year and/or a fine of Rs. 4000. If this offence will be repeated within three years, the punishment of imprisonment will rise up to three years in prison and a fine of Rs. 8000. Whereas, it has been agreed by the authorities that these laws are not completely implemented as the offender gets away by paying a bribe after committing the offence.

Motor Vehicle (Amendment) Bill 2016: Under this Amendment Bill, with an aim to improve road safety and implementing a higher level of fines and penalty for drunk driving. Under this new bill, the penalty has been raised by 5 times, from Rs. 2000 it has been set to Rs. 10000.

Conclusion

The practice of consumption of liquor in India has been since very long time, but the rate and amount by which liquor is consumed has also increased and so does the problems associated with it. Along with licensed beverages, unlicensed or illegal liquor is also widely available and it may even amount to half the quantity of legal alcoholic beverages. The recent economic liberalization policy has allowed different multinational liquor brands to enter Indian market, this may lead to increase the quality of liquor in India in upcoming future.

Although most of the population is trying to restrain themselves, for those who drink, as per the available evidence it points towards the high level of drinking with related health and social problems. Consumption of liquor has already created serious public health and social problems and also affected the development of poorer regions of the country in a bad manner. Policies are implemented after the Central and State government have been insufficient and unstable, resulting in the unopposed promotion of alcohol in most of the country, while few states maintain the partial and complete ban on liquor sale and consumption. Treatment facilities and other prevention programmes have been proved fully insufficient to meet India’s requirement. It can be foreseen that alcohol consumption and problems related with it will increase in India in the upcoming future. Unless a planned policy is designed and strongly implemented the problems related to liquor are likely to produce an excessive burden on this developing country’s resources.

REFERENCE

www.cppr.in/
http://lawfarm.in/lic
http://blog.ipleaders.in/
apapaonline.org/
https://www.alcoholwebindia.in/
http://www.caclubindia.com/
http://www.livelaw.in/
http://indiastudychannel.com/

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In this article, Sachin Vats of Rajiv Gandhi National University of Law discusses Ten Most Important Environmental Law Judgments in India.

The Indian Heritage and Culture has an intimate relation with the conservation and protection of the environment. The Indian State has also enshrined it in the Constitution which requires both the State and the Citizen to “protect and improve the environment”. The Environment Act, 1986 is one of those acts which extends to the whole of India without any exception.

Constitutional Interpretation of Environment:-

The 42nd Amendment to the Constitution of India added Article 48A and 51A(g) which comes under the Directive Principle of State Policy and the Fundamental Duties respectively.The Supreme Court of India in “Sachidanand Pandey v. State of West Bengal AIR 1987 SC 1109” stated that the Court is bound to bear in mind the above said articles whenever a case related to Environmental problem is brought to the Court.
The Article 48A states: “The State shall endeavour to protect and improve the environment and to safeguard the forest and wildlife of the country.”
The Article 51A(g) imposes a duty upon every citizen of India to protect and improve the natural environment and confers right to come before the Court for appropriate relief.
The Apex Court in “Damodar Rao v. S.O. Municipal Corporation AIR 1987 AP 171” held that the environmental pollution and spoliation which is slowly poisoning and polluting the atmosphere should also be regarded as amounting to violation of Article 21 of the Indian Constitution.

Public Liability and Public Nuisance:-

“M.C. Mehta and Anr. Etc vs. Union Of India and Ors. Etc 1986 SCR (1) 312” discusses the concept of Public Liability. This case is also known as Oleum Leakage Case. It is a landmark judgment in which the principle of Absolute Liability was laid down by the Supreme Court of India. The Court held that the permission for carrying out any hazardous industry very close to the human habitation could not be given and the industry was relocated.
The instant case evolved the “Deep Pocket Principle”. This judgment guided the Parliament to add a new chapter to the Factory Act, 1948. The Public Liability Act was passed and the policy for the Abatement of Pollution Control was also established.
When the Directive Principles of State Policy has clear statutory expressions then the Court will not allow Municipal Government to make fun of the Statutes by sitting idly. It was decided by the Supreme Court in the “Municipal Corporation, Ratlam vs. Vardhichand AIR 1980 SC 1622”. The plea of lack of fund will be poor alibi when people in misery cry for justice. The office in charge and even the elected representatives will have to face a penalty if they violate the constitutional and other statutory directives.

Sustainable Development

The Bench of Justices PN Bhagwati and Ranganath Mishra in “Rural Litigation and Entitlement Kendra, Dehradun vs. State of Uttar Pradesh AIR 1987 SC 2187” introduced the concept of “Sustainable Development”.An NGO named RLEK filed a case against limestone quarrying in the valley in 1987.
It was stated that the permanent assets of mankind are not to be exhausted in one generation. The natural resources should be used with requisite attention and care so that ecology and environment may not be affected in any serious way.

Environmental Impact Assessment

Justice Jeevan Reddy in the landmark judgment of “Indian Council for Enviro-Legal Action vs. Union of India AIR 1999 SC 1502” held that the financial costs of preventing or remedying damage caused by pollution should lie with the undertakings which cause the pollution by adopting the “Polluter Pays Principle”.
The Court set a time limit for the coastal states to formulate coastal management plans and banned industrial or construction activity within 500 metres of the High Tide Line.

Water Pollution

The writ petition filed by the activist advocate M.C. Mehta in the Supreme Court highlighted the pollution of the Ganga river by the hazardous industries located on its banks. Justice ES Venkataramiah gave a historic judgement in “M.C. Mehta vs. Union of India AIR 1988 SCR (2) 538” ordering the closure of a number of polluting tanneries near Kanpur.

In this judgment it was observed that just like an industry which cannot pay minimum wages to its workers cannot be allowed to exist, a tannery which cannot setup a primary treatment plant cannot be permitted to continue to be in existence.

Animal Welfare

The Hon’ble Supreme Court in prohibited Jallikattu and other animal races and fights. It was observed that the Bulls cannot be performing animals in the case of “Animal Welfare Board of India vs. A. Nagaraj and Ors. (2014) 7 SCC 547”.
The court alluded to the section 3 and section 11 of the Prevention of Cruelty to Animals Act, 1960 and declared that animal fights incited by humans are illegal, even those carried out under the guise of tradition and culture. The Court listed various recommendations and overhauled the penalties and punishment in the Prevention of Cruelty to Animals Act, 1960 to function effectively.

Air Pollution

The pride of India and one of the wonders of the world i.e., Taj Mahal, was facing threat due to high toxic emissions from Mathura Refineries, Iron Foundries, Glass and other chemical industries. The acid rain was a serious threat to the Taj Mahal an 255 other historic monuments within the Taj Trapezium.
The Apex Court in “M.C. Mehta vs. Union of India (Taj Trapezium Case) AIR 1987” delivered its historic judgment in 1996 giving various directions including banning the use of coal and cake and directing the industries to Compressed Natural Gas (CNG).

Environmental Awareness and Education Case

The Supreme Court in “M.C. Mehta vs. Union of India WP 860/1991” ordered the Cinema theatres all over the country to exhibit two slides free of cost on environment in each show. Their licenses will be cancelled if they fail to do so. The Television network in the country will give 5 to 7 minutes to televise programmes on environment apart from giving a regular weekly programme on environment.
Environment has become a compulsory subject up to 12th standard from academic session 1992 and University Grants Commission will also introduce this subject in higher classes in different Universities.

Wildlife and Forest Protection Case

The livelihood of forest dwellers in the Nilgiri region of Tamil Nadu was affected by the destruction of forests. The Supreme Court in “TN Godavarman Thirumulpad vs. Union of India and Ors.” passed a series of directions since 1995, till the final judgment in 2014.
The Apex Court decided to set up a Compensatory Afforestation Funds Management and Planning Authority (CAMPA) to monitor the afforestation efforts, to oversee th compensation who suffered on account of deforestation, and to accelerate activities for preservation of natural forests.
A writ petition was filed by the Tarun Bharat Sangh in the Supreme Court to stop mining activities in the Sariska Wildlife Sanctuary. The Court in the case of “The Tarun Bharat Sangh vs. Union of India and Ors. (1991)” banned all the mining activities in the Sanctuary.

Public Trust and Right to Life

The Bench of Justices Kuldip Singh and Sagir Ahmed held that the Government violated the Doctrine of Public Trust in “M.C. Mehta vs. Kamal Nath and Ors. (1996)”. The Himachal Pradesh State Government had leased out a protected forest area on the bank of river Beas to motels, for commercial purposes.
In 1996, the Supreme Court passed a judgment that would hold the State more responsible for maintaining natural resources.
The Right to Pollution Free Environment was declared to be a part of Right to Life under Article 21 of the Constitution of India in the case of “Subhash Kumar vs. State of Bihar and Ors. (1991)”. Right to Life is a Fundamental Right which includes the Right of enjoyment of pollution free water and air for full enjoyment of life.

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In this article, Dhruv Singhal discusses How to Use newspaper if you want to crack CLAT.

Understanding why Newspapers are important from CLAT perspective

Common Law Admission Test has been taken in order to check the overall capabilities of the candidates to solve the problem in a limited time frame. It tests the logical reasoning capabilities as well as the decision making capabilities in the shortest possible time. Along with this, candidates are tested on other fronts as well like English, Maths and General Knowledge. Hence it is very important for the candidate to prepare in all the fronts. To check the overall speed of the candidates is the primary objective of this exam and when it is about speed it is essential to read quickly and comprehend the same completely. For this candidates must make sure that they develop the habit of reading newspaper as it will not only help in general knowledge but also increase the overall capabilities and comprehension abilities of the candidates.

Reading newspaper has various advantages and it actually is a sheer myth that it only helps in improving general knowledge.

Reading newspaers not only gives you an edge over the GK section it enhances your skills in other sections as well.

English – A candidate can improve his English if he read newspaper daily. Essentially a candidate can complete his paper in time only if he has good reading and it can only be improved by practice, so why not doing practice by reading newspapers?

Logical Reasoning – It generally observed in CLAT that half of the portion of this section is covered by the logical reasoning questions. These questions can only be attempted if the candidate have sharp logical mind. Reading newspaper is no doubt helpful in this front because it is observed that daily newspaper reading will improve the logics and sharp the brain which will effectively improve the logical reasoning capability of the candidate.

Legal Reasoning – This portion is generally covered by the principles and facts questions. Candidates have to apply their mind and answer the question on the basis of principle given. This is a lengthy section and can only be completed in time if the candidate read and comprehend effectively and efficiently.

These are not exclusive benefits of reading newspaper. There are various other benefits which are not specifically related to any particular subject but will help in improving the overall capabilities of the candidates. These general benefits are:

Cultivate and Improve reading habit and comprehension abilities of the candidate. This will help the candidate to complete this exam in time and with maximum percentage of correct answers.
Give idea about sentence formation and sentence structure. This will help the candidate when he is solving English, Logical Reasoning and Legal Reasoning because it will help the candidate in getting correct idea of what the examiner is asking before answering it. This leads to the more effective answers in the paper.
Improve General Knowledge and provide the candidate with abundance of knowledge. The primary objective of reading newspaper is to get well versed with current affairs. This purpose will be served if candidates read newspaper daily. Also it becomes easy for the candidates to memorise a particular news because of the knowledge of the historical event relating to that news.
Important events of the world come into light. Some specific pages of the newspaper will report those events which are very important for the general public to know. Like front page of any good newspaper will report only those news which are the important events of the day.
Increase in Confidence. The daily reading habit of the newspaper provides adequate confidence to the candidates. They would get information about politics, economy, sports, geography etc. This will help the candidate not only in exam but also in the overall personality development which is essential for the candidate and a must requirement in any of the law school for overall development of the candidate in future.

Common Law Admission Test became tougher every year because of the increasing level of competition and the significant growth in the number of students appearing in this exam. To qualify and nail this exam candidate must have an edge over other candidates. Reading newspaper will provide the candidates with the edge that is essential for cracking this exam. But candidates generally ignore this exercise because it is a time-consuming. Here are some tips that a candidate may use in future while reading newspaper. These tips help the candidate to complete a newspaper in comparatively less time with full efficiency.

How should a law entrance aspirant figure out what to read in the newspaper and what to leave?

As stated above, many students find this task difficult because of the paucity of time. Here are some points that will help the candidate to read a newspaper in comparatively less time with full efficiency.

Selective Reading

It is not possible for the candidates to read the whole newspaper as it is time consuming and also unnecessary. Candidates are required to read only that news which are important and that have major impact on the society. For example it is essential for the candidate to know about important appointments, some important obituaries, major sports event, major political event, major scientific event, major economic event or any major judicial decision. Generally that news which is related to only a single state and which have less significance on the society are considered to be less important. For instance the news which appear on the front page are more important as compare to the other back pages because these news are not state specific and has higher significance at the national level. This type of selective study will help the candidate to read the newspaper in comparatively less time, efficiently and effectively.

Daily Reading

“What to Read and What to Leave”

The basic problem that a candidate may face is to decipher and find the relevant news. When we are talking about selective reading many candidates suffer from this problem. Those candidates who read newspaper daily find it easy to decipher the important news. Candidates must understand that they should not read newspaper once in a blue moon and rather they should cultivate the habit of reading newspaper daily. Practice makes the man perfect and the more one will read newspaper the more he will understand and decipher the relevance and importance of a news for this competitive exam. Other than this daily reading habit will gradually boost the morale of the candidate for this exam and make the candidate more passionate for selection. Selective but daily reading will in some time automatically develop and build the confidence of the candidate and prepare the candidate in a better way to face the exam. It also built the comprehension and analytical abilities of the candidate and helps in improving vocabulary with time. But, eventually these benefits could be availed by the candidates only if they cultivate the habit of reading newspaper daily and not once in awhile.

Don’t miss to read the editorial page

Every newspaper contains at least one and at most two pages that occupied the place for articles and views written by the highly qualified personnel of different field on various different issues. These articles and views are related to current issues and contain the view point of the individual writer on that specific issue. The authors of those articles are the qualified individuals of that field and because of this reason their views on that particular issue are very important to know. These articles generally are the amalgamation of various thoughts and because of this reason the candidates who read these articles will be able to look at the things from various different angles and will gradually improve their own mental and evaluation capabilities. Authors while writing these articles use various different tons. Daily reading of these articles help the candidate to decipher the tone of the article which is a very difficult task for a naive reader. Understanding tone is important from the exam point of view as it had been seen various times that question came in CLAT which specifically ask about the tone of the speaker in a particular paragraph. So students should cultivate the habit of reading editorial pages on a daily basis.

Highlight and Memorise Important Words

Vocabulary development is very important for this exam not only for solving any specific question but also to read and understand the whole paper completely. Generally three sections that are English, Logical Reasoning and Legal Reasoning have various questions which contain difficult vocabulary. To solve those questions it is very important to decipher the meaning of those questions properly. Reading newspaper will provide an opportunity to deal with that type of difficult vocabulary on a daily basis. Once the candidate get familiarised and well versed with those words it became easy for him to comprehend and decipher the meaning of the whole sentence properly. For this purpose it is advisable to the candidates to make a separate register and write difficult words daily on that register. This is a very beneficial exercise and candidates will reap the benefits of this in near future. The most important benefit of this exercise is that the candidates will gradually increase their vocabulary without even making any extra effort. Suppose a candidate learn and write only 20 words daily, then in a month candidate have the vocabulary strength of 600 words, while if he follow this exercise regularly for 6 months he will have 3600 difficult words in his pocket. 3600 words are more than enough not only to nail CLAT but any other competitive exam as well.

Write Important News in a Separate Register

Though by reading newspaper a candidate may have various benefits, the most important benefit which is the primary benefit of newspaper reading is to get the knowledge of current affairs. It is true that the news one will read from newspaper will be easily memorise because of the supplementary and historical information provided with main information. But then also there are various news which requires revision like news related to appointments, news related to obituary, sometimes news which are related to sports, economy, politics, or any other event. It is essential to record these news properly in a register so that at the time of exam candidates can revise the relevant news from there well prepared notes. At the same time when a candidate will read the important news about a particular event he may find that there are various other supplementary information which is not possible to record but which is very important for the purpose of exam. For example if you will read about Olympics 2016 there may be a mention of the place where it has occurred, the place and the year of the next Olympic may also be mentioned. Here information about next Olympics is supplementary information which maynot be writen but this information is very important. There are many other similar supplementary information given in the newspaper. It is advisable to the candidates that they must read these type of information twice and try to memorise those information then and there. It had been seen various times in CLAT that questions appear from these supplementary information.

Considering the benefits which a candidate may availed by reading newspaper this exercise should not be ignored.

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In this article, Mansi Bathija of UPES Dehradun discusses Extent and limitation of Limited Liability Partnership and partners.

The need for limited liability partnership act 2008 is pronounced by the Ministry of affairs as “a new corporate form that would provide an alternative to the traditional partnership, with unlimited personal liability on the one hand, and, the statute-based governance structure of the limited liability company on the other, in order to enable professional expertise and entrepreneurial initiative to combine, organize and operate in flexible, innovative and efficient manner”[1]

To comprehend a LLP, it is best, to begin with, the general partnership. A general partnership is a profit driven organization that is made by a common understanding between at least two parties. A general partnership can be very casual. All it takes is a mutual interest, maybe a composed contract (however not really), and a handshake.

Obviously, with the casual way of a general partnership, there is a drawback. The most evident hazard is that of legitimate liability. In a general partnership, all partners share liability for any issue that may emerge.

Formal Structure of A Partnership – Limited Liability Partnership

Limited liability partnerships offer similar tax-favorable circumstances as a general partnership yet offer some assurance for partners’ personal assets by constraining their liability to that of their enthusiasm for the organization as it were. All partners are permitted to deal with the systematic in a general partnership; in any case, a formal understanding is required for this business sort. This structure shields all partners from subjecting their personal assets to the business liabilities.

A limited partnership varies by requiring no less than one general accomplice to oversee and go for broke, while uninvolved limited partners appreciate no liability. For investment purposes, a limited partner is a judicious position in a partnership on the grounds that, only the partnership interest is liable to liability.

Difference between partnership and limited liability partnership

Who can be a partner?

Any Indian citizen residing in India can be a partner to general as well as LLP.

What is the maximum limit of the number of partners in both?

The maximum number of partners in a general partnership can be 20 however there is no limit in the LLP.

What is the Minimum number of partners?

To start off a partnership firm, the minimum number of partners should be two in the case of general as well as

Status of minor partners.

Minors can be a partner in general partnership on the other hand, in limited liability partnerships, a minor cannot be a partner.

Registration process

Limited liability partnerships are to be registered under the ministry of corporate affairs whereas a partnership is to be registered with the registrar of firms. The registration process of a LLP and a private Limited Company is very similar.

The Registration Process of a LIMITED LIABILITY PARTNERSHIP

The first step is to obtain a Digital Signature Certificate and then the designated partner identification number for partners is to be approved. Next step is to check the name availability and then the limited liability partnership agreement is drafted. The incorporation document is to be filed and then the certificate of incorporation is obtained

Why is limited liability partnership considered to be better than a partnership?

Unlimited liability

A partnership is easy to start but it comes with a high risk and that is the risk of unlimited liability. So if the partnership firm is in debt, the partners might have to sell off their personal assets to cover the debts. This is not the case in limited liability partnership. Limited liability partnership, as the name suggests, provides limited liability on each partner so the personal assets of the partners do not come into the picture and the amount of liability is limited to the amount of capital contributed by them.

A partnership is not a separate legal entity and if one of the partners dies or retires or in any other case if he has to leave the firm, the partnership ceases to exist and so a new partnership has to be formed but this is not the case in limited liability partnership. Limited liability partnership is a separate legal entity.

Limited liability partnership more trustworthy than partnership because it is registered under the ministry of corporate affairs.

Exception to the limited liability rule

As per section 30[2] of Limited Liability Partnership Act, if a limited liability partnership or any of its partner is indulged in fraudulent activities with its creditors, the law shall come into the picture and the liability can be extended to be unlimited to cover the debts.

However, if the limited liability partnership is able to prove that the firm was not aware of the partner being involved in such practices, it can avoid the liability.

Every person who is proved guilty of being involved in the fraud being carried out can be punished by the way of imprisonment of two years or less and a fine or fifty thousand rupees or more up to five lakh rupees.[3]

Advantages of a Limited Liability Partnership.

A limited liability partnership is easy to be registered
It is easy to maintain
The cost of formation is low.
Every partner’s personal obligation for another partner’s acts is limited to the partnership’s assets.
One major advantage is the capacity to get new partners and let partners out. Since a partnership deed exists for a limited liability partnership, partners can be included or resigned as illustrated by the agreement. This proves to be useful as the limited liability partnership can simply include partners who carry existing business with them. Normally the choice to include requires endorsement from all the current partners.[4]
It offers a range of benefits to the promoters.[5]
The formation and compliance cost of a limited liability partnership is more flexible and cheaper

Limitation in the formation of Limited Liability Partnership

Partners attempt to make some contribution towards limited liability partnership firm while executing the limited liability partnership agreement. When money or resources are added to limited liability partnership, it can’t come back to the partners of a limited liability partnership unless there is a particular arrangement specified in limited liability partnership agreement.
Consent of all partners is mandatory to be acquired for the transfer of ownership rights. To transfer some portion of the ownership, the partner has to take the consent of all the partners of the Limited liability partnership firm.
The Government of India is vested with powers to investigate into the affairs of a limited liability partnership, if required, by appointment of Inspectors as competent authorities for the purpose.
If a new partner is to be admitted, an agreement where all the details of the new partner are mentioned has to be created and accordingly the existing parties are revised or changes are made. These revisions are to be asserted by the concerned registrar of companies
Limited liability partnership is not allowed to raise external commercial borrowing (“ECB”). Thus limited liability partnership cannot take commercial loans from its foreign partners, FII’s (foreign institutional investors), banks from outside India, any financial institution outside India or any other entity outside India.
Under some cases, liability may extend to personal assets of partners

Conclusion

Limited liability partnership is a new step taken forward in the commercial sector of India. It is a better form of business organization as it minimizes the possibilities of malpractices carried out in the context of business terms. Each person is responsible for his own deeds or negligence. It is termed as an “alternative corporate business vehicle” as the functioning is same as any other general partnership but it comes with a special provision of the limited liability rule. In this way, the limited liability partnership (LLP) turns into another corporate frame that empowers proficient skill and entrepreneurial activity to join, arrange and work in a creative and productive way.[6]

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In this article, Syeda Muneera Ali, of KIIT School of Law discusses Is it illegal for unmarried couples to book a room in a hotel together? Can hotels refuse to give you accommodation? Can the police raid your hotel and harass you?

Introduction

There is a long-standing idea in India, that men and women should not associate with one another, let alone share a room. Conservative India has vehemently discouraged the very idea of ‘love’, ‘pre-marital sex’, ‘casual sex’, etc., between men and women (let alone homosexual relationships), and there are hundreds of instances where couples have been harassed in public spaces. There are people who have declared themselves as ‘the protector of Indian culture and traditions’, and take it upon themselves to ‘educate’ people, based on the morality of the society.

The apparent rationality behind the public interference of private affairs is that such interventions would eventually lead to a ‘cleansed’ and ‘well-behaved’ Indian society. However, what people fail to understand, is that what happens between two conscious and consenting adults, is not the business of any third person, let alone the government and its law enforcement agencies. While the Judiciary is willing to recognise these rights and try to modernise India, the older generation, along with the legislature and the law enforcement, choose to go in a different direction.

The concept of what is illegal and what is immoral has a very thin line of distinction in the Indian concept. When it comes to the matters that trigger the conservative side of India, there is hardly any distinction. It is common for people in India to not accept something, even though it may be perfectly legal. For example, live-in relationships are legalised in India. Yet, we have repeatedly seen that couples have been denied residency and harassed by ‘social vigilantes’. Clearly, it is more important to protect the ‘Sanctity of the Indian Culture’, as opposed to respecting the will and the privacy of the people.

Is it illegal to check into a hotel as a couple if you are unmarried?

In a country where people consider every act that is beyond their personal acceptance to be illegal, is important to understand what is truly illegal, and what is merely immoral. Legally speaking, there is absolutely no law in India that prohibits unmarried, single couples to rent a room in any hotel. There is no provision in any recognised Indian statute that declares getting a room together as an unmarried couple to be illegal. However, what makes most people ‘think’ that this is illegal, is the societal portrayal of the same. Police officers have often harassed innocent people for choosing to have a different ideology and a different sense of morality. For example, in 2015, several policemen arrested as many as 40 couples in Mumbai, and charged them with ‘indecent public behaviour’, and fined them with Rs. 1200/-. Furthermore, they were detained at the nearest police station and were forced to call their parents.

Can hotels refuse to give you accommodation for being an unmarried couple?

According to the Hotel Association of India, there is no law that allows the refusal of accommodation, on the grounds that the people staying are an unmarried couple. However, several hotels in India have repeatedly refused accommodation. In most situations, hotels do so in order to protect their own interests (such as prevention of raids by policemen). Several hotels put clauses such as, “Occupying hotel rooms by unmarried couples is illegal under Indian laws and therefore hotels have a right to refuse entry or evict any guests on this ground.” However, that is not the case (as there is no illegality involved), and you may question the hotel.

Several hotels reserve the right to refuse admission to certain people. In most scenarios, hotels do that to prevent unnecessary police interference, and for safety reasons. This is an acceptable practice in India, as long as there is no discrimination involved, in terms of religion, race, caste, sex, place of birth etc., as it is prohibited under Article 15 of the Constitution of India.

Can the police raid your hotel harass you for renting a room in a hotel as an unmarried couple?

Law enforcement agencies are generally on the lookout for illegal activities. It is their job to ensure that there is no wrongdoing going on in the society. In their quest to attain a crime free society, policemen often conduct raids and ensure that everything is legal. However, contrary to popular belief, the police has no authority to arrest you on any grounds, as long as there is no illegality involved in the situation. Despite this, police have often detained and harassed people. This is primarily because the law enforcement agencies understand that most couples are vulnerable and a report to their parents would lead to them being ‘ashamed’ of their apparent ‘crime’.

Here are some ways in which the police may harass you, and how you can escape from such uncomfortable situations:-

Charges under the banner of ‘Indecent Public Behaviour’: A common reason for policemen to detain you or harass you, would be on the said ground. However, they cannot do that. One of the most obvious reasons as to why they cannot, is that a hotel room is not a ‘public place’. Moreover, it is crucial to understand that the police are authorised to charge you for illegal activities, and getting a hotel room is not illegal in any form.
Take photographs of you, or videotape you, with the intention of harassing you in public or in front of your parents: Please understand that though there is no law against taking pictures of people, it is a blatant invasion of privacy if the same is done. However, if a policeman is taking photographing you and blackmailing you, it is against the law. Be clear about your rights and don’t hesitate to establish these right. Be vocal about your knowledge and tell the police that you have the right to file a FIR if her is harassing you. Also, do understand that the police many threaten you, however, it is important that you maintain your stance and handle the situation calmly.
Charges based on ‘Abduction’ of the girl: Though this is one of the most devious ways of charging you with something, just for the sake of teaching you a lesson, it may be done. One of the most predominant issues with this charge is that due to stigma and taboo, the girl’s parents may support the policemen. But, as long as you can prove yourself, you need not fear.
Parental phone-calls: Parents are usually opposed to any form of sexual relationships or relationships in general. This leads to policemen being confident that phone calls to parents would put you in trouble. It is advisable that you understand the consequences of your decisions and keep your parents in the loop. Parental support often weakens the case of the policemen.
Extortion: More often than not, policemen harass young couples, with the ulterior of extorting money from them. It is usually believed by most policemen that couples who book hotel rooms are hiding from their parents, or do so without the consent or approval of their parents. They often blackmail such couples and eventually let them go upon payment. Such an act by the police is completely illegal and amounts to extortion. It is advisable that such acts be reported to competent authorities.

Are there any alternatives to save yourself from such harassment, or refusal to hotel rooms?

Though it may seem really difficult to get some quiet time with your loved one, it actually is not. Here are few ways to get rooms, as opposed to traditional means:-

Book your rooms via. Makemytrip or other apps, that are couple friendly and make sure you mention that you have a guest.
Several bold and modern start-up companies, such as Airbnb or StayUncle have desperately tried to make life easier for couples to rent rooms for short periods of time. It is preferred that you choose such websites to get hotel rooms.

Conclusion

The idea behind a culturally ahead society in India is considerably divided into two mainstream ideas- the ideas of the elderly, and the ideas of the young. Those who have lived their youth in a certain mannerism, have desperately hung on to the very same idea. It becomes significantly difficult for them to accept the growing ideas of modernity and change. On the other hand, the youth of today have a rather distinctive idea of what is socially acceptable to them. It is crucial to understand that while the elderly are an important part of our society, the younger generations are the ones who are going to grow up to be a significant part of the society. It is their ideas that will reform and modify the ideals of our society, in the years to come. It is unfair on the part of the law enforcement agencies and the social vigilance, to impose an idea of cultural acceptance, that is purely subjective.

In today’s society, where live-in relationships and pre-marital sex are legal, it is obvious that people would eventually require some space together as a couple. Making it difficult for the youth to practice a lifestyle that they consider acceptable, is both wrong and unacceptable. The government today, controls all our actions. From what is an acceptable food, to what is an acceptable sexual preference, there is an active participation by those who were never supposed to be involved. Should we really allow them to dictate what is truly, a personal choice? If we can abolish certain archaic rituals and ideas, why can’t we strive to make India a more youth-friendly society, that does not deliberately try to sabotage the relationships of its younger generation?

References:

1.https://www.stayuncle.com/deals?gclid=CjwKEAjw1PPJBRDq9dGHivbXmhcSJAATZd_Bcdimh-m4YkX3d8SVuQSBgzPEjrK_94sDxN1jcmL8lxoCsdfw_wcB

https://www.airbnb.co.in/
http://www.pocketlawyer.com/blog/get-room-unmarried-couples/
http://www.thenewsminute.com/lives/507

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This article is written by Ramanuj Mukherjee, a former NUJS graduate who topped law entrance back in 2006. He has recently launched the first comprehensive online course for mooting with a revolutionary new approach that can help you to be a champion mooter.

What is there to learn in mooting?

What do you need to learn to become a mooting champion?

I have never been a mooting champion. I have gone from being thrown out of the court to representing my University in one of world’s most prestigious arbitration moot, and in the process I have seen first hand what goes into making some of the best mooting teams and experience the journey in development that mooting really is. I have judged many moots since I graduated, and seen some of the best mooting talents in India perform in my court. Also, some of my closest friends have been true mooting champions, and I have known them very closely.

No, cross that. I have lived with them, broke bread with them and partied with them. I have been part of tense moments and breakthrough victories. I have employed them, I have even dated one and I have certainly contributed to the making of a few. I dare say, I really have seen what it takes to be a mooting champion.

I strongly believe that mooting is a journey that every law student deserves, but not by being throw into the ocean, but with proper training and guidance. Unfortuantely, there is no real training or guidance available for vast majority of law students when it comes to mooting.

The one or two workshops that are held in a few of the law colleges are hardly sufficient to even understand let alone perform well in the moot. Vast majority of law students get eliminated in the internal selection rounds itself, gets demoralized and never moots again. I could have been one of them, except for that I fought back and one way or the other clawed my way into the NUJS mooting team of my time.

Another large chunk of law students quit mooting after their first brush with a real moot, where they get eliminated in the qualifying rounds itself.

Why is that? Why is there no better way to learn mooting than trial and error? Why is it that those people who develop a few skills earlier than others are destined to dominate for next 5 years while others fade away after one or two tries? What if there was great training for mooting available for one and all?

These questions bothered me even when I was in college. Back then itself, I attempted to launch a course on mooting. After putting in considerable amount of work, it never went ahead and we never launched it. However, I knew that the need is really there and somehow as someone who struggled to find guidance early on in law school, it was a personal agenda for me to launch a mooting course.

Finally with able support from Anant Malviya, another mooting enthusiast who has been working on this since last 3 years, we are finally able to launch a fabulous mooting course that we are really proud of.

However, while making this course, we really had to confront this question. What is there to learn to become a mooting champion? What is there to learn in mooting? Isn’t it something that is reserved for people who are already debating champions and natural speakers? Is it something you can even learn and win?

We believe, from our experience, that it is something one must learn. Even an advantage of natural public speaking ability is only temporary and not going to carry you all the way. One must learn various aspects of it.

Just like you can learn to drive a car, or swim, you can learn to moot. And it is very easy with the right kind of guidance.

Let’s get you started by telling you what are thing things that you need to learn.

How to read a moot problem

Any successful mooter will tell you to read the mooting problem multiple times as soon as you get it. Understand the importance of each and every fact. If you have a team, do a joint reading of the problem and debate out the significance of various facts with each other. Underline, mark up, make notes. Read up to see if there is any law on your side or against you. Then get back and read the problem again. That’s how you begin to read a moot problem. There is a lot more to it, of course, apart from going through it with a comb.

How to identify issues that matter

Most respectable moots will already give you some defined issues. Many may not. In any case, understanding the legal, moral, ethical and practical issues, even beyond what is stated literally in the problem is critical to the performance of champion teams. Usually the team that contextualizes the problem the best is able to do the best research, frame the arguments that are in right spirit and have the best shot at winning the moot.

How to frame arguments

Identification and framing of arguments is part science and partly art. It is just like the ability to catch fallacies and weak arguments. Very few people ever learn to do it, not only in the larger world but even those who manage to go to a law school. Not only in mooting, but this is what separate the great from the average in the legal profession.

How to prepare and practice a moot speech

This is where the winners and mere good researchers who will not win the moot get diverge in their path. This is what counts as good execution before the day in the court. This is critical, and those who are not able to prepare a speech or practice are rarely able to win a good moot no matter how much law they know, how good natural speaker they are or how quick they think on their feet.

What are the different stages of mooting and what challenges a mooter goes through in each stage

Many rookie mooters think that mooting is a case to win for your client. Actually it is not about winning. You can win the moot even if you client would have lost in real life. Remember, mooting is a show. It is a show of your lawyerly skills, research, oratory, organization and generally being awesome in the court. The only way to be awesome in all situations is to know what to expect and prepare for everything. You don’t want anything to surprise you and throw you off balance.

How to create a powerful speaking strategy

A speech is not enough. You are never going to be able to deliver the speech the way you crafted it. Judges will interrupt you, you will be waylaid by some false facts, you will run out of time, the other side may lie about facts and law, and you will find everything unfair. Well, not if you have a strategy in place. Nobody wins a moot without giving due importance and time to creating a bulletproof speaking strategy.

How to go about research and what kind of research will set you apart

Everyone will do some research. People spend sleepless nights researching for their moots, and then get surprised in the court by questions from judges that they have no answers to. It happens with almost everyone, until you learn how to take charge of the court. Until you learn how to set up the judges and what research you need to do for that.

How to write a winning memo

You can learn everything, but if you don’t learn this you will always fall short. It is not just about writing arguments. There are so many technical aspects to writing a memo that it is crazy. You get market for everything, from the right use of authorities, to footnoting to even the formatting. Even pagination makes a difference here. A good memo goes a long way for a mooter.

Well, there are tons and tons of other things I could tell you about which you need to master as you learn how to win a moot.

Below is a detailed syllabus of what we cover in our mooting course. If you can find a way of teach yourself these things, which most champion mooters in fact do, you will go very far in mooting. Or, you can just help us to run you through all these effortlessly, through our online mooting course – the “Mooting School”.

Mooting School Course Syllabus

Module 1: Getting started with mooting – what you need to know

Introduction- What is mooting all about
Different kind of moots
To moot or not to Moot
How acing mooting will benefit your legal career
Challenges one faces while mooting
How internal university mooting is different from inter-university mooting competitions
How international moots are very different from national level moots
How to choose the right moots
Battle formation for mooting – how to pick the right team
What are the stages of mooting and what would a mooter go through in a moot
Checklist for winning a moot

Module 2: How to prepare your moot speech

How to introduce yourself to the bench
How to formulate your arguments
- Inductive and deductive arguments
- Independent and interdependent arguments
- Recognizing, testing and countering arguments
- Reasoning v. argument
- IRAC Method
- Toulmin method of argument
- Policy arguments
- Developing and testing arguments
How to present your argument to the bench
Why you must be familiar with possible counter arguments
How to deal with counter arguments
What to do if your side has a weak case
How to address others in the court in your speech
Organizing your Speech
Best way to prepare for oral arguments
Framing issues where it is not specified
Speaking strategy
How respondents approach differs from that of applicants
Last 12 hours before the oral rounds

Module 3: Researching for a moot

How to do research
Using research databases
Tools
Organizing your research
Use of Authorities: Articles & Books
Primary authorities
Secondary authorities
Weight of authorities
Research Checklist

Module 4: Understanding and framing powerful arguments

Preparing a Skeleton of your Arguments
Argument Mapping
Framing Arguments
Toulmin method of argument
Inductive and deductive
Reasoning by Analogy
Reasoning by Authority
Arguing with Data
Argument Pitfalls to avoid
Logical fallacies
Supporting your arguments with authorities
Handling Arguments from bench
Irrelevant issues raised by the court
Arguing other side’s points
Reasoning by Authority
Reasoning by Cause
Reasoning by Definition
Syllogism
Claim
Interdependent and intradependent arguments

Module 5: Inside the court – Handling the situation

How to listen to, evaluate and understand the bench
Provoking Questions
Answering Questions
Evading and conceding
Responding to your opponent & moving between issues
How to grab the attention of the bench
How to refer to the memorial during your speech
Time Management
Concluding
Court Manners
Active and Belligerent Benches
Model Oral Round execution
Improvising your speech
Court Etiquette
Demeanor
Role of Last Speaker
Rebuttal and Surrebuttal

Module 6: How to speak in the court

Tonality
Voice modulation
Dramatics/ theatrics in court
Should you be witty? Everybody loves humour
Energy
Body language, gesticulation and hand movements
Styles of speaking
- story telling
- evoking emotions
- when to concede
- taking morally superior stand
Interrupting judges or other side in court
How to practice your speech
Difference in speaking in international rounds vis-a-vis Indian rounds
How to make the most of a rebuttal

Module 7: Memo Architecture

Formatting Guidelines for Memo prizes
Using Templates: How to find the right template for your memo and how to modify it
Essential elements of moot memorial
How to go about the table of authorities
How to prepare an outline of your memorial
How to write the First Draft
- Drafting your Issues
- Drafting of Arguments
- Drafting Prayer
How to give the Midas Touch to your memo
What not to write in the memo
Writing Style
Drafting Compendium

Module 8: Memo Mechanics: Understanding Technical Aspects of Memo Formatting

Checklist for memo formatting
Managing the format for Issues and Paragraphs separately.
Preparing the Draft.
Headers, Sections and Page Breaks.
Analysis of Wining Memos.
Formatting & Marking Citations.
Word Tricks

*The course modules are subject to changes and feature additions without prior notice

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